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KYRGYZSTAN TODAY Policy briefs on - Department of Geography

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3. The wife is entitled to full material maintenance by her husband, and he has<br />

the right to demand complete obedience from his wife, according to Shariah.<br />

The right to work, to have business and earn m<strong>on</strong>ey is granted both to husband<br />

and wife, provided that they perform their obligati<strong>on</strong>s to each other. The right<br />

<strong>of</strong> woman to own property, the property received as a gift and all that she has<br />

earned, does not c<strong>on</strong>tradict the right <strong>of</strong> her husband to demand full obedience<br />

from his wife according to Shariah; it also does not c<strong>on</strong>tradict the wife’s right to<br />

the full maintenance by her husband.<br />

4. In the event <strong>of</strong> terminati<strong>on</strong> <strong>of</strong> the marriage, the wife is entitled to material<br />

maintenance in the home <strong>of</strong> her husband until the end <strong>of</strong> “idda” (Arabic: a<br />

waiting period <strong>of</strong> three menstrual cycles after “talaq”, which ends with the<br />

beginning <strong>of</strong> the fourth cycle, taking into account that “talaq” is not valid during<br />

the menstrual cycles. It is also applied in the funeral-waiting period after the<br />

death <strong>of</strong> her husband for a period <strong>of</strong> 4 m<strong>on</strong>ths and 10 days).<br />

5. The wife has the right to retain her maiden name and not to take her husband’s<br />

name.<br />

6 The wife has the right to require her husband to pay for her educati<strong>on</strong>, if it was<br />

previously stipulated in their marriage c<strong>on</strong>tract.<br />

7. A woman has the right to inherit from her husband and all relatives <strong>of</strong> first and<br />

sec<strong>on</strong>d degrees <strong>of</strong> kinship <strong>on</strong> her side.<br />

8. A man is granted the right to have up to four wives, but that does not restrict<br />

the rights <strong>of</strong> any <strong>of</strong> his wives. The judge may grant permissi<strong>on</strong> for sec<strong>on</strong>d and<br />

subsequent marriages <strong>on</strong>ly <strong>on</strong> certain c<strong>on</strong>diti<strong>on</strong>s, which practically make it<br />

difficult for subsequent marriages for an orthodox Muslim [1, p. 7].<br />

9. And here is the most interesting. According to the opini<strong>on</strong>s <strong>of</strong> the Muslim law<br />

school <strong>of</strong> al-Shafii and the most recent Muslim scholars, woman is not obliged<br />

even to work at hom: laundry, cleaning and cooking. This is a voluntary service<br />

<strong>of</strong> the wife. If she does not agree to do this work, her husband should hire a<br />

servant.<br />

C<strong>on</strong>clusi<strong>on</strong><br />

It becomes clear from the above-menti<strong>on</strong>ed that Islam does not restrict the activities<br />

<strong>of</strong> a woman, limiting her role <strong>on</strong>ly to cooking, cleaning and other household work.<br />

Islam encourages her to spiritual, educati<strong>on</strong>al and creative growth, her dem<strong>on</strong>strati<strong>on</strong><br />

<strong>of</strong> enthusiasm in public and political life. But Islam requires this compliance with a<br />

delicate c<strong>on</strong>diti<strong>on</strong>: granting a woman the right to participate actively in social, cultural,<br />

political and ec<strong>on</strong>omic life, Islam does not turn her into a manlike brutal creature.<br />

Therefore, when it comes to the social status <strong>of</strong> woman in Islam and her rights,<br />

the following phrase comes to mind: “One’s human rights end where another’s rights<br />

begin.” It raises the questi<strong>on</strong>: how can we determine where the rights end and begin?<br />

From the perspective <strong>of</strong> Islam, rights are determined by performance <strong>of</strong> duties, and<br />

the duties are determined by natural capabilities (cumulative sense <strong>of</strong> the Koranic<br />

c<strong>on</strong>clusi<strong>on</strong>; Bakkarat: 286), both in basic capacities and their variants. In other words,<br />

these rights are fully c<strong>on</strong>sistent with the duties according to quantitative, qualitative and<br />

even temporal criteria, and all that is based <strong>on</strong> natural capabilities <strong>of</strong> man and woman,<br />

both in basic capacities and their variants [5].<br />

This approach is determined by the fact that Islam c<strong>on</strong>siders life in all its<br />

completeness and diversity, not excluding any its aspect with regard to women. From the<br />

142

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