The mahram needs to assist women through divorce proceedings, says an advocate. [Picture: via QuranRecital.com]
An advocate for womens’ rights has said Muslim men need to step up and assist their mothers, sisters and daughters through divorce proceedings.
Speaking during an interview on Salaamedia on Tuesday, Nabeela Moola highlighted the tendency for the mahram to be passive or altogether absent from divorce proceedings. This, said, was indicative of a need for “synergy” in arbitration processes.
“It’s very easy for a father and a brother to give their sister or their daughter away in nikah because all they need to do is verify that the gold coin is in fact gold,” she said.
“But, when it comes to aspects of divorces, they don’t have the knowledge or the resources to deal with aspects of maintenance, care contact and access.”
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Role of the mahram
Due to a lack of formality in a secular country, Muslim divorces in South Africa are sometimes conducted through clumsy mediation processes. Often, this rendering women and children vulnerable to unfair treatment. In Moola’s view, even informal arbitration processes ought to be performed with all hands on deck.
“Even if you are approaching a forum that’s not a legal forum – a tribunal or some sort of arbitration process – there is a need to have an attorney present to ensure that rights are being protected, to have counsellors present to ensure the children are adequately protected,” she said.
In Islam, the mahram is a male whom a female is forbidden from marrying due to close familial ties. In certain instances, he is also meant to act as her representative. This is where the mahram ought to step up, stated Moola.
“To talk about abuse, which is such a stigma and so taboo in our communities – still, in this day and age – that they shy away from that responsibility because of societal stigma and not because of an exclusion.”
