Maryam Amir – More hijab and more separation of men and women
AI: Summary ©
The speaker discusses the issue of sexual violence and how it can be protected. They mention the use of separation and hesitation in protecting society, as well as the potential consequences of actions such as rape and child sexual violence. The speaker hopes to learn from professional conversations and systems of accountability to address these issues.
AI: Summary ©
In response to my video that hijab and
separation are not preventative measures for sexual violence,
I've had a number of people mention that
actually they are intended to protect society, and
I fully agree, they are intended as protection.
There are a number of things in which
separation or hijab can be protections from, internally
and externally, and that conversation is one that
is separate from the concept of sexual violence,
which is rooted in power and control.
When we focus on hijab and separation instead
of the tools the shari'a has actually
placed for us, we also give the impression
that Islamic law cannot handle cases such as
this.
In reality, there is an ayah in the
Quran which mentions إِنَّ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ
وَيَسَعُونَ فِي الْأُرْضِ فَسَادًا and the ayah continues,
it speaks about consequences for corruption on the
earth, which include capital punishment.
Scholars such as Mujahid al-Qurtubi ibn al
-Arabi include * under the concept of spread
corruption on the earth.
Aggravating factors, just like in criminal law, are
considered, such as was there a weapon used
or was the victim kidnapped.
Imam Malik and al-Bajji both speak to
reparations due to the survivor.
And notice the context in which * falls
under.
That is an act of war against God
and his messenger, peace be upon him.
In other words, a war crime.
While the case we are referencing is not
about *, other forms of sexual violence would
fall under that category.
In this case, we are speaking about sexual
violence towards a child.
As I mentioned in the last video, sexual
violence can be perpetrated by a Qur'an
teacher who is a man towards his young
boy student.
It can be perpetrated by a father or
a mother towards their own daughter or son.
Discussions on hijab and separation have no place
in either of those spaces, nor with regards
to a child in the first place.
Consider the women in Sudan and in Gaza.
Those who wear hijab there are doing so
in the face of extreme terrorism and oppression.
And their oppressors are using sexual violence as
a tool of power and control, of subjugation.
I understand we're going to need to have
a number of conversations about this issue because
we have for so often victim blamed.
We have for so often put the onus
of responsibility on women.
We have actively pointed to questions such as
how a person was dressed.
In this case, none of those apply.
So I hope that we will learn from
professionals in the field.
It is an opportunity for us to instead
of again speaking about separation and hijab, actually
address risk factors and systems of accountability, which
again Islamic law in and of itself already
gives us.