At the November 2004 Council of Appellate Lawyers & Appellate Judges Summit, attendees participated in an innovative session entitled Law and its Relation to Literature, Religion, Science and History. In one of the breakout sessions, Professor Azizah Y. Al-Hibri of the T.C. Williams School of Law at the University of Richmond shared her insights into Islamic Law and its effect on women's rights.

Professor Al-Hibri's first task was to give the group a basic understanding of the dichotomy between law and religion in Islamic countries. She emphasized that balance permeates everything in Islam, as does an inherent trust of free will. She also explained that "Islamic Law" is at once secular and religious. The Qu'ran provides law that all Muslims must abide by. But state laws have been developed that are intended to codify the Qu'ranic law. Unfortunately, according to Professor Al-Hibri, many of these state laws relating to family law and women's rights do not reflect the teachings of the Qu'ran but are, instead, man-made laws that inject improper patriarchal standards into the laws of Muslim nations.

For example, the Qu'ran teaches that all human beings are inherently equal. According to Professor Al-Hibri, a plain reading of the Qu'ran leads to the conclusion that no man is superior to a woman simply because of his gender. It is her view that Muslim jurists have misinterpreted the Qu'ran in favor of a patriarchal assumption that men are superior to women. These assumptions have led to the oppression of women in many Muslim countries, often as a result of oppressive state laws.

One example discussed by Professor Al-Hibri relates to a woman's financial rights following a divorce. Professor Al-Hibri explained that when Muslims marry, they sign a marital contract. This is not a prenuptial agreement. Rather, it is a short, one-page contract that states that the couple's individual rights are defined by and should be interpreted under Islamic Law. Traditionally, under Islamic Law, women are given a marital gift at the time of marriage. This is a one-time financial payment. Once married, the Muslim woman is under no obligation to support her husband financially and she is allowed to keep her own bank accounts, money, and mind her own financial affairs separate from her husband. At the same time, the husband is still responsible for and obligated to support his wife financially. Upon divorce, the husband must give the wife a second gift "to soothe her."

All-male arbitration panels have begun undermining this law by ruling that the wife's marital gift is all she may take from the marriage and by ruling that the man has no further obligations to his wife or their children. According to Professor Al-Hibri, this has left many Muslim women and their children destitute because social welfare organizations do not exist in Muslim countries to assist these families. This is but one example of men defining the financial rights of Muslim women in contravention of the rights given women under the Qu'ran. Man-made laws have also re-defined the financial rights of Muslim women to own property, maintain separate bank accounts, and the like. The patriarchal overlay of modern Islamic Law also provides sanctuary for men who commit domestic violence. According to Professor Al-Hibri, the effects are far-reaching.

Professor Al-Hibri is the founder and executive director of Karamah: Muslim Women Lawyers for Human Rights. She suggested each participant visit the organization's website for additional materials on these issues. Karamah's website is www.karamah.org.