Muslim Women Obstacle in Establishing Islamic Laws
Aminah Beverley McCloud figures out the problem of Muslim women in United States accordance with Islamic law application and its obstacle for Muslim to find better people who know Islamic knowledge very well. In addition, young Muslim generation has an obstacle in understanding Islamic law because of unusual of Islamic implementation in public matters.
The very basic teaching of Islamic law derived from the God revelation in the Qur’an, the holy book. The second resource of Islamic law was hadits of prophet, both actions and speeches. If there is no laws clearly directed in the Qur’an, Muslim can determine the law by ijtihad. The ijtihad basically is to respond the contemporary issues that not discussed before. Ijtihad presupposes such knowledge of Islamic law and method, like qiyas, istihsab, etc. Usually one who responsible in ijtihad is Mufti, Qodi, or ulema, and the result of the ijthad called as fatwa.
In US, Muslims are still minority and faced such precious situation, like employee discrimination, civil service etc. The most prolific discrimination was media stereotyping which sees Islam as violent religion that initiated bombing suicide. Perhaps it is because of Muslim acts and worships were different to common American. That sometimes arise a question, what is Islam? That was fundamental question, because not only questioning about Islamic identity, but also the role and law that represent Islam. Islam in US was varying that comes from various backgrounds, so the question of Islam sometimes refers to such group or ethnicity in Islam.
Furthermore, the life of Muslim both in US and Muslim countries are same. They tied to an obligation to follow Islamic laws as religion obligated. They should follow syariah to be being good Muslim. For instance, Muslim marriage just valid if follow such Islamic roles. It means using secular American laws is not enough for Muslim life without following Islamic law.
In various Muslim countries --like Indonesia,-- when Muslim marriage was registered according to particular custom and are very public. Aminah states that Islamic marriages in US are considered common law marriage in those states that have common statues; US family law generally recognizes “common law” marriage. Common law statues are used by the US courts in establishing paternity, inheritance, alimony, child custody, and property right in disputes and litigations.
Implementation of Islamic law (syariah) in United States faced many obstacles. Dominant law used by states was secular laws; Muslim sometimes should choose whether one follows secular law or Islamic laws. Family laws, civil rights, and criminal law were debated by Muslim scholar in US. Because Muslim life in America they should be Americans by follow the ways of American people in general. However, when Muslim enters to political and law should able to balance understanding of Islamic law with US law.
Women Muslim American also has no good access to that law because of commonly law’s matter determined by men. Men in traditional methods produce fatwa not only for men, but also for women. Many Muslim women find themselves in situation of legal both within the Islamic and US legal system. Since feminism elevates as dominant discourse to the domination of men to women both in religious and private matter was questioned. Women struggle to the right of equality of women in the ways of laws and religious matter. Amina Wadud is one example of Muslim activist who dares to break the traditional boundaries even become imam (leader) of Jum’ah praying congregation to show that women was capable to do and to be leader.
Islamic tradition in supporting Islamic development in academic level was just beginning in several years ago and tied to such department, for instant Arabic literature, Middle East studies etc. Aminah acknowledge that American Muslim who learn Islam in university have no complete understanding in Islam, even rigid and just one perspective. Thus, it was not qualified for Muslim women to build qualified new ijtihad for Muslim women in US. []
