Thursday, February 26, 2009

Women take to the bench in Palestine

There’s been an interesting development for women's rights in Palestine - the first two female judges have been appointed to an Islamic Court in the West Bank.

In many Muslim countries Islamic Courts form a parallel legal system, one that deals with civil matters like divorce, child support and inheritance issues, using the Koran as a guide. The ruling of the judge in an Islamic Court is final and binding. But with the exception of Sudan, serving as a judge in an Islamic Court has been a privilege reserved for men only.

That changed in the West Bank when Khuloud Faqih and Asmahan Wuheidi were appointed to the bench recently. Both women were already civil lawyers, not religious scholars like many Islamic Court judges, this past summer Faqih approached Sheik Taysir Tamimi who overseas the Courts in the West Bank, about applying for the bench. Sheik Tamimi was enthusiastic about the idea, believing it will help women get more favorable rulings.

Still, some women’s rights activists in the region warn that even though two women are now making decisions in an Islamic Court, they are making them based on a set of laws that overwhelmingly favor men.

But the two judges say that they bring a woman’s perspective to the court and are more sensitive to the position of their female plaintiffs, for example there are issues, like sexual matters, that female plaintiffs are reluctant to discuss in front of a male judge. “When a woman speaks to another woman, it's easier for her to speak,” Wuheidi said.

It is perhaps a small step towards a more equal society, but it is a step.
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