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DRAFT DOCUMENT OF MUSLIM WOMEN

CMWP/1-2013/WDOC.1/FINAL


Building on the recommendations of the first International Forum for Muslim Parliamentarian Women on women issues convened in April 5th.-6th. 2011in the Syrian Arab Republic and attended by twelve delegations of   PUIC Member States.

Pursuant to the recommendation that requests the PUIC secretariat to draft - in consultation with the OIC members – a document including Muslim women rights as provided for by the tolerant Islamic creed.

  1. reviewed  the charter of family in Islam that  was prepared by the  International  Islamic Supreme Committee on woman and Child which was approved by the Academy of  Fiqh (Islamic Jurisprudence) of Al-Azhar University , the document of  Human Rights in Islam which  was prepared by the International Muslim Women Association , the recommendations of the role of Women in the  Development of  Muslim communities presented to the 13th. Islamic Conference of Foreign Ministers,

The Conferees in 2nd Conference of Muslim Parliamentarian Women being convinced that Islam offers comprehensive solutions and an integral system of values and ethics for the Muslim family and woman.

Recognizing that Islam is a religion of justice, kindness, ease, tolerance and moderation in all of its affairs including the affairs of worldly life so long as they do not clash with the Glorious Quran and the pure Sunnah.

Convinced that all Divine principles and Islamic teachings relating to the consolidation and protection of women rights, duties and sublime status at the various personal, family, economic, political and social scenes stress the effective role of women in developing Muslim and other communities.

Sensing that attaining these noble objectives require the participation of all Muslims, including the complete, persistent and affective participation of women who constitute half of the Muslim Ummah.

Reaffirming the need for cooperation and coordination among Muslim countries for the promotion of comprehensive and fair development of all sectors of the Muslim Ummah.
 
Committed to correct the negative and distorted image of Muslim woman and face up to all attempts to reflect a tarnished image for Muslim woman in the World,

The Second Islamic Conference for Muslim Parliamentarian Women recommends the General Secretariat of the    OIC in consultation with the PUIC to launch a document for Muslim Women rights including the following:
1.      That the PUIC  shall include in all of  its policies , plans and programs  whatever would promote general  awareness among men and women  that the teachings of Islam safeguard the same rights and duties  for woman as those of man  in terms of  justice and equity in accordance with the nature and responsibility of each of them .
2.     That the PUIC Member States shall pursue a positive policy that would allow active and constructive participation of Muslim Women in all walks of economic, political, cultural and social life.
3.     That the PUIC Member States shall –through their mass media and educational curricula – does whatever would consolidate the true image of Muslim woman and her positive role in the society in a manner that safeguards her integrity and chastity.
4.     That the PUIC Member States shall do their best to create an environment, spiritual, ethical, cultural and social conditions that are conducive - according to Islamic teachings- for the advancement and development of woman personality and rejection of cultural invasion that harms the identity and character of Muslim communities and Muslim women in particular.

(1). The PUIC Member States must:
a.    Include the principle of Justice and equity to woman in national constitutions and other relevant legislations.
b.    Take legislative and other measures including appropriate penalties to urge governments to ban whatever degrades woman dignity or run counter to Justice and equity to woman.
c.    Provide for legal protection for woman building on the principles of Justice and equity, in addition to safeguarding woman`s rights through competent courts and other public institutions.
d.    Take all appropriate measures to preclude the infringement of the principles of Justice and equity by any person, organization or institution.

(2). The PUIC  member states  must take special timely measures  to guarantee  the acceleration of  Justice  and equity , provided that such measures are not accompanied by non-equal criteria and that taking special measures targeting motherhood including measures cited in this document should not be regarded as discriminatory action.

(3). The PUIC Member States shall take all appropriate measures to attain the following:
a.    Positive development of customs, traditions and cultures with the purpose of eliminating all practices those are not in conformity with Islam.

b.  Ensure that family education includes a sound approach to maternity as this being a religious duty and social function in addition to recognizing that child upbringing is a joint responsibility of the two poles of  family i.e. the father and the mother alike .

(4). The PUIC Member States shall take all appropriate measures including legislative measures to combat all forms of woman commercialization and abuse for prostitution.

(5)     The PUIC Member States should be committed to all the adequate measures to affirm the equality guaranteed by Islam between man and woman regarding the right to political and public life at the national, regional and international levels. As follows:

a.     Right to vote in all public elections and referendums besides having the capacity to elect all organization whose members are elected through general election?

b.     Right to participate in formulating the government policy, execution of that policy, right to occupy general posts and performing all public duties at all governmental levels.

c.     Participation in any organizations and NGOs concerned with public and political life of the Country and equality between man and woman at the regional and international levels.

d.     The right to represent her government at the regional and international levels and participating at the activities of regional and international organizations.

(6) The PUIC member States should take all necessary measures to stress equality between man and woman in the following fields:

a)    Functional and technical guidance, joining studies and acquiring scientific degrees at different scientific institutions at all educational levels of religious, public, technical and vocational education.

b)    Equality at acquiring the opportunities of scholarships and bursaries as well as benefiting of opportunities to continue education including adults’ education’s programs and illiteracy according to competence.

c)    Decreasing the rates of quitting school at early age by female students, organizing programs for such girls and women and organizing illiteracy programs in both alphabetical and religious fields.

d)    Giving a chance of participation at sports according to Shari’a controls.

e)    Possibility of obtaining information on family health and welfare.
 
(7) The PUIC member States should include in their plans, policies, programs and legislations all that may guarantee equality to enjoy work opportunity and the related to it such as wage and social security at retirement age, disease, disability and old age, besides the right to preventive health and work place safety, banning termination due to pregnancy or maternity leave in addition to introducing paid or social merits-linked maternity leave without losing previous job, seniority or social benefits, as well as providing special care for working woman at working hours, without putting her at harmful works and review relevant laws to be more flexible.

(8) The PUIC member States should include in their policies, programs and legislations all that must guarantee equality for women to obtain bank loans and real estate’s mortgage and other types of credit.

(9) The PUIC member States should include in their policies and programs all that may lead to providing economic support for women in rural areas, where she should be given the right to participate and access to suitable facilities and benefit from social security programs, get all types of training formal and non-formal education including functional illiteracy eradication to enjoy social and guidance services to increase her technical competence to be illegible for obtaining credits, loans, marketing facilities and enjoy suitable living conditions when working for her own account or for others.

(10) The PUIC member States should recognize equality and equity in terms of civil affairs as well as having legal capacity to conclude contracts and a right to manage her own property and funds.

(11) The PUIC member States should take all measures including legislations to ensure that the Shari’a marriage (legal marriage) is the continuous legal solid bond between man and woman and it is the only one way to link man to woman and the only one basis to build the family, which constitutes its first nucleolus and the basic social unity of the society, the arrangements are to include the following:

a.    The stewardship in the family is entrusted in the husband, who is responsible over the management of the affairs of the family in accordance with the regulations and legal provisions contained in the Book of Allah and the Sunnah of His Messenger.

b.    The legislations regulating the marital relationships should be directed to resolve the marital problems and the establishment of justice and equity between the rights and the duties of the two couple in the framework of the provisions of the Islamic Sharia. The member states of the PUIC should facilitate the means of litigation and the prompt ruling in the marital disputes and to ensure implementation of the verdicts as soon as they issued in a decent and dignified manner for the sake of good relations between families and not to harm the sons.

(12)     If the provisions included in this document contradicted any other provisions applied in the member states of PUIC, the provisions that guarantee more rights to women should prevail provided that such provisions contriving to Islam.

 (13) Members of the PUIC should annex to this document in writing, to be deposited at the Secretariat of the PUIC.

(14) Any member state may amend any provision specified in this document, in accordance to the following procedures:

a. The proposed amendment should be deposited at the Secretariat before the convening of the next session before six months.

b. The proposed amendment should be passed with simple majority.

(15) A mechanism to follow-up the implementation by the national parliaments of the Muslim Women Document should be established according to the following:

1. Nine members, three representing each group of the three groups of PUIC.
2.    One woman at least should be among the three members and selected by election in the Standing Committee.
3.    The functions of the Mechanism are the following:

a.    Receiving annual regular reports from the parliaments of the member states or individuals from these states. Each member state identifies the body assigned with publishing and publicizing this document, and also assigned of preparing reports and submitting the final recommendations to this committee.
b.    Discussing these reports and submitting final recommendations on the level of implementation of this document in the concerned state.
c.    During carrying this task, the Mechanism work to transform the Muslim Women Document into an agreement draft to be presented to the PUIC of the ICO, and to be discussed by the parliaments of member and then draft agreement be submitted to the ICO in order to receive the endorsement of member states.
d.    The document became valid after the signing of 10 countries.