Shari’ah judges and progressive men from Muslim communities have expressed willingness to support calls for amendments to provisions in Presidential Decree No. 1083, or the Code of Muslim Personal Laws (CMPL) that are discriminatory to women.
The CMPL was discussed during two workshops organized by Nisa Ul Haqq Fi Bangsamoro, a non-government organization based in Mindanao, in Davao City with the support of UNFPA.
The CMPL sets the minimum ages for marriage for males at 15, and females at “age of puberty.” It allows the marriage of girls below 15 (as long as they have reached puberty) but not less than 12 years old, upon approval by a Shari’ah District Court. It also allows the betrothal of girls below 12, although it is voidable under certain circumstances,
Nisa Ul Haqq Fi Bangsamoro has been in the forefront of moves to amend the CMPL, saying that the law has pernicious impact on the access of minority girls to education, employment, psychosocial well-being, reproductive health and other facets of economic and social life.
The NGO said the law institutionalizes cultural practices that make minority girls susceptible to the ills of early and forced marriages, as well as discrimination in spousal rights and responsibilities, and inheritance rights.
Capitalizing on a more open Muslim community as a result of the adoption of of the khutbas, or Islamic sermons, contextualizing reproductive health and gender equality in the Muslim culture, the NGO conducts an information campaign for better understanding of CMPL in order to gain more support for the move to amend the law.
Workshop resource speakers include Faqihuddin Abdul Kodir from Indonesia, who discussed “Sex and Gender, Tawhid as an Inspiration for Gender Justice” and “Hadith and Fiqh on Women as primary sources of Islamic Law”. Faqi, as he is fondly called, is one of the founders of Indonesia-based Fahmina Institute, an NGO active in the fields of religious studies, strengthening civil society and community empowerment.
Dr. Nina Nurmila, also based in Indonesia, gave a talk on Herstory in Islam and the Qur’an as a primary source of Islamic Law.
The diverse set of participants generated diverse opinions from conservative to very open.
The Shari’a judges, who were particularly conservative, vowed to continue to cooperate with stakeholders for better understanding of reproductive health in the context of Islam.
