article · Issue No. 1, January 1950 · p. 6

Woman and Her Political Rights

Salwa Mahmasani Moumina

المرأة وحقوقها السياسية · سلوى نحمصاني مومنة

That the Lebanese Women's Union has raised — in Parliament and in the pages of the newspapers — the subject of granting woman her political rights is clear proof of woman's wakefulness, and of the full consciousness of the nation as a whole.

And no wonder: the glad tidings of renaissances customarily appear on the horizon of nations, pointing to every transformation of conditions across the ages.

So it is that the break of dawn has its heralds; indeed every sunrise carries, in the rout of the nights, ensigns of victory that belong to the processions of light and the signs of radiance.

And this is what usually stirs a boiling in the nation's cauldron, over the fires of old beliefs and customs — a boiling that ends at last in subsiding and passing away.

It gladdens woman to see the hosts of darkness routed in their nights, and to see the heralds of her renaissance glittering, telling that she is soon to attain human dignity at man's side.

For there is no doubt that woman's winning of her political rights, which have been trampled through generation after generation, is a victory for woman and for the nation — indeed a victory for social justice, which is a moral and material gain for the individual and the community alike.

And I find that I must — now that everyone has begun to discuss this subject — draw attention to an error that occurs in the book "The Committee on Women's Affairs in Its Third Session and the Conferences of the Women's Organizations in the Middle East," in the section of general summaries, part one — public law; (c) offices and public departments — 21, on page four, where the following appears:

"Fifth — If we except the members of the sharia courts, who belong to the civil-service establishment, it becomes evident that religious offices in Lebanon are not attached to the administration. Woman therefore has no right — according to Islamic law — to be appointed judge." So says the book in question.

In the interest of truth I say: there is nothing in the texts of Islamic law to prevent granting woman her political rights, among them the holding of public offices such as the judgeship.

After the death of the Prophet (God bless him and grant him peace), the men among the jurists and rulers had need to consult the Lady Aisha (may God be pleased with her), and to refer to her in every matter, public and private, in which the Prophetic traditions are consulted; and she would pronounce upon every legal question put to her, relying on the Prophetic traditions and the rules of the law.

Among the most notable things Islamic history has recorded is that Muawiya ibn Abi Sufyan, caliph of the Muslims, wrote to her seeking her guidance.

She sent to him, saying: Peace be upon you. Now then: I heard the Messenger of God (God bless him and grant him peace) say:

"Whoever seeks God's pleasure at the cost of men's displeasure, God will suffice him against men; and whoever seeks men's pleasure at the cost of God's displeasure, God will abandon him to men."

And Shaghab, mother of the caliph Ja'far ibn al-Mu'tadid, called the caliph al-Muqtadir, used to order her stewardess "Thumal" to sit in the court of grievances, to examine cases of redress every Friday in the presence of the judges.

And Shajarat al-Durr assumed rule without the Muslims objecting to it.

And in the book "Bidayat al-Mujtahid" by Ibn Rushd:

"Abu Hanifa permitted woman to be a judge in matters of property, and Ibn Jarir al-Tabari permitted her to be a ruler absolutely, in everything."

And no one is ignorant that Abu Hanifa and Ibn Jarir al-Tabari are among the greatest of the imams to whom Muslims refer in seeking out the truths of the law.

From the foregoing, the error of what appears in the book "The Committee on Women's Affairs in Its Third Session" concerning woman's rights in Islamic law becomes plain.

Accordingly, the Muslim woman may demand the attainment of her political rights, and may hope for a true and complete renaissance.

Translation and transcription are machine-made and may contain errors. See it on the page.