The first article I wrote on my return from Malaysia gave a brief overview of the papers presented at the landmark global conference on equality and Justice in the Muslim Family attended by women from different faith and background from 42 countries known as Musawah.

I however promised to write about what transpired at some the sessions I attended and highlight the key points from some interesting ones I could not attend. Thirty one scholars presented papers some of which were edited and produced as a book titled Wanted: Equality and Justice and in the Muslim Family. There were eight plenary sessions and four break out sessions with simultaneous presentations. All the presentations were made in line with the Musawah frameworks which is states that;

"Qur'anic teachings encompass the principles of justice ('adl), equality (musawah), equity (insaf), human dignity (karamah), love and compassion (mawaddah wa rahmah). These principles reflect universal norms and are consistent with contemporary human rights values.

Fiqh is human and can change. Islamic legal theory shows that family laws and practices can be changed to reflect equality and justice, and meet the needs of Muslims today.

Shari'ah is the religious values and principles revealed to the Prophet Muhammad (SAW) which direct human life. Fiqh is the process by which humans try to derive concrete legal rules from the Qur'an and the Sunnah of the Prophet. So, human interpretations of the religious texts must not be confused with the Shari'ah: Shari'ah is revelation, while Fiqh is a human activity. Therefore, legal rules can change.

The presentations began with context setting. Dr Muhammad Khalid Masud of the Council Of Islamic Ideology in Pakistan presented a paper titled The Legal and Social In Shariah. The paper provided an overview of the various aspects of shariah from laws governing mutual interaction to marriage, divorce, hudood (penal code), child rearing and breast feeding etc. The other paper that set the context was presented by Professor Nur Rofiah a lecturer in tafsir at the Institute of the Science of Al Quran at the Islamic State University in Jakarta Indonesia.

Her paper was titled Text and Context: Possibilities for Reading Equality. The paper explored the link between Arabic as a language, the culture of Arabia at the time the Quran was revealed and the role of "Women in Arabs' consciousness." It dwelt at length on women in the context of revelation, equitable gender relationship in Al-Qur'an, marriage according to al-Qur'an, the context of history and language of "problematic" verses in the Qur'an which are used to discriminate against women. She cited the verse on men being a degree above women because they spend out of their resources to maintain their wives and argues that where such men do not spend their resources nor provide guidance to that which Allah enjoins they have lost 'the degree above them'. She cited the verse on polygamy which men used to vigorously defend their right to marry more than one wife whereas they deemphasize the aspect of it being permissible only if you can do justice among wives and if the man can comfortably maintain these women! The manipulation and misuse of these verses of the Quran has resulted in injustice to women.

She cited examples where women are 'Treated as something which were able to be given, bought, and inherited by men. As wives, women were treated as tools of men's sexual desire so that men can marry to unlimited women and treated as tool of man's reproductive requirement so that children belong to their father only". Professor Nur then debunked the theory of superiority complex promoted by men so that they could subordinate women. She said Allah made a case for gender equality in the Quran and a man and woman can aspire to paradise based on their deeds not their sex. She cited "Lo! Men who surrender unto Allah, and women who surrender, and men who believe and women who believe, and men who obey, and women who obey, and men who speak the truth and women who speak the truth, and men who persevere (in righteousness) and women who persevere, and men who are humble and women who are humble, and men who give alms and women who give alms, and men who fast and women who fast, and men who guard their modesty and women who guard (their modesty), and men who remember Allah much and women who remember - Allah hath prepared for them forgiveness and a vast reward." (Al-Ahzab/33:35

She also emphasized the fact that Allah Created us all irrespective of whether we are men or women so that we may worship. She cited the Quran

I have only created Jinns and human, that they may serve Me. (Adz-Dzariyat/51:56)

Professor Nur drew attention to a verse that underscores the gender balance in Allah's creation which should serve as the immortal reminder that men and women must work together in a partnership of equals.

'O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that ye may know each other (not that ye may despise each other). Verily the most honored of you in the sight of Allah is (he who is) the most righteous of you. And Allah has full Knowledge and is well-acquainted (with all things). (Al-Hujurat/ 49:13)

She then asked a rhetorical question if any one chose their sex. "No one asks to be male or female (closed thing) but every one can choose to have Taqwa (opened thing)"

Another interesting paper was presented by Kamala Chandrakirana, the Chairperson of the Indonesia National Commission on Violence Against Women. The paper was titled Women's Place and Displacement In the Muslim Family: Realities form the Twenty-First Century

The paper undertook a global survey of the realities of Muslim women and the changes taking place across the world and argues that Muslim family law and culture must respond to these changes! The paper provided some useful statistics that should be shared. It also used these statistics to make recommendation for review of Muslim family law. Kamala said

The Muslim world has never been isolated from the progress and challenges facing humankind and at times has been one of its most influential forces. A new vision of the Muslim family should be as much rooted in the realities of today as it is inspired by the visionary values of Islam. Over the past decade, the numbers of Muslim women in the labour force have been increasing. According to the International Labour Organisation (ILO), Southeast Asia, where there are several Muslim majority countries, has the third highest active female labour force participation rate in the world. Although North Africa and the Middle East have the lowest global rates of female labour force participation, between 1990 and 2003 the Arab region "witnessed a greater increase in women's share of economic activity than what took place in all other regions of the world, at more than 6 times the global rate."

Many Muslim women are migrant workers. In Asia, with more than half of the world's Muslim population, the number of women migrating from their home countries has surpassed that of males. In Muslim majority Indonesia for example, almost 80% of all migrants leaving the country are women. Migrant women workers are employed in all sectors, especially the service sector where the work varies from domestic help to the sex industry and everything else in between.

When women work their families benefit. "Various studies show that compared to migrant men, migrant women regularly and consistently send a higher proportion of their earnings overseas to their families in the home country." This means that in reality both women and men are breadwinners in today's world. According to UN statistics, up to 80% of the world's internally displaced people and refugees are women and children. Thus women often become heads of household under the most difficult circumstances, including in Muslim contexts such as Darfur. The paper went on to provide additional case studies in Muslim countries where 20% of households worldwide are female headed. Some examples in Muslim countries of the percentage of female-headed households are: 7% in Pakistan; 15% in Morocco; and, 29% in Mauritania. However, laws and policies that see only men as heads of households deny women a proper contribution to household decision-making. Kamala's paper highlighted the factors that should guide our commitment to reform our culture and laws to ensure gender justice.

'As active economic actors Muslim women have increasing influence in the socio-political life of their nations. Yet Muslim family laws tend to undermine women's rights and disregard women's real contributions to the family and community. For example: (1) women are expected to obey a male head of household, which can lead to women's right to work and travel being curtailed. (2) Women are discriminated against in inheritance. (3) Limited rights to divorce in some Muslim contexts mean women are forced to forgo their financial rights in order to be able to divorce. (4) Other discriminations in Muslim family laws relate to polygamy, child custody and provisions which either permit or facilitate violence against women.'

The paper observed that 'as women's roles in society and hence their consciousness are changing, gender relationships are also evolving which is changing dynamics within and beyond the family. For example, according to the UNDP Arab Human Development Report 2005 which conducted a public opinion survey in Egypt, Jordan, Lebanon and Morocco, at least half of the men and nearly all of the women surveyed disagreed with the practice of polygamy. And even those who did agree with it linked their approval to the agreement of the wives concerned. Muslim women are not just contributing in economic terms to their societies'. More and more Muslims are accepting, by choice or through the force of survival, unprecedented roles of women in the economy and in politics.'

Kamala disclosed that 'Muslim women have found new ways of organising and building solidarity among fellow women and with their allies. Their concerns and interests are now more effectively expressed and are more successfully integrated into political decision-making, at both national and international levels. Forward thinking and insightful Muslim theologians are also increasingly taking public positions in support of women's rights.

Many Muslim societies are undergoing unprecedented changes, especially brought about by globalisation, war and poverty. Some countries within the Muslim world have developed laws on marriage and the family which match women's active roles in the economic, social and political arenas. These progressive laws are themselves a product of Muslim women's leadership in society.

But many laws governing the Muslim family no longer fit these new realities. A stubbornly unchanged vision of Islam that regards women as inferior to men and therefore undeserving of a life of equal worth and dignity, could lead to the religion losing its relevance for men and women of the future. A new vision of Islam which affirms women's humanity and leads to gender-sensitive laws is both necessary and possible. The time to make this a reality throughout the Muslim world is now.' Kamala concluded.