Dr. Mohamed Mattar

I am glad to participate in this panel on Stopping Women trafficking in the Muslim World.

And I am glad to address the topic before the American Islamic Congress.

And to me, this requires an examination of two important issues;

1. What is the interpretation of Islamic Law on trafficking  in women
2. What is the status of trafficking in women in the Muslim World

The two issues are inseparable and interrelated. So allow me to address both:

But first, a typical case of trafficking in women among Muslims.

December 22, 2006. Hana Al Jader, a Saudi Princess was sentenced in Boston to two years of probation after which she will be deported to Saudi Arabia a Muslim country.  She was also order to pay $206,000 in restitution and $40,000 in fines for forcing three domestic servants form Indonesia, a Muslim country:

•to work for long hours

•for only $300 a month

•while holding their passports

Trafficking in women for the purpose of domestic service is the most common form of trafficking in the Muslim world. Unless, this will change with the Iraqi refugees in Syria, Lebanon and Jordan.

As to the interpretation of trafficking in women in the Islamic world, since trafficking is not slavery that requires ownership but merely a contemporary form of slavery based on control, undue influence and exploitation, therefore, if we want to address the issue in the context of Islamic law, it is not enough to make the case that:

• Slavery was only accepted as a “temporary” institution.

• Islam called for its “gradual” abolition.

• The Quran made freeing a slave a good deed that made up for a wrong doing.

• The Prophet said “set slaves free and release the …..

• When you slip in your oaths (a)Slay a believer by mistake (b) Break the fast of Ramadan; in all cases Allah does not accept prayers of  “One who enslaves a free man”

I have no doubt that Slavery is inconsistent with Islamic principles of freedom and equality and therefore what happens in Sudan is an abuse of Islam, and Islam may not be used to justify slave practices in a country like Mauritania.

But what we have to examine and focus on is a number of practices that prevail today in the Muslim world and may constitute forms of Trafficking in Persons.  And the question that we should address is whether these practices are a matter of customary cultural practices or part of the Islamic doctrine?  

A related question is whether interpretation of Islamic jurisprudence contributes to some of these practices, vulnerability and exploitation, as argued by some scholars?

This is a false and misleading question. Because the trafficked women in the Muslim world are not merely the Muslim women themselves and therefore the declaration made by the American Islamic Conference that “Across the Muslim inequalities involve social status and economic opportunity make women particularly vulnerable to this practice”. Is not true.

(B)

Various forms of marriages in Muslim countries may be used to validate sexual exploitation.  One is Early Marriages, especially that Islamic law does not provide for a minimum age of marriage.  Another is Temporary Marriages. In many cases it used to disguise prostitution and make women vulnerable to sexual exploitation.  Transactional Marriage is common in some parts of Egypt.  When you have a Muslim from a country like Saudi Arabia or the United Arab Emirates getting married through a “marriage broker” then exploiting his Egyptian wife back home.

Another is Compensation Marriage that is practiced in a country like Pakistan, when girls are forced into arranged marriages as compensation for a crime committed by her family, or as a means of settlement of debt or another family dispute.

These are practices that may amount to Sex Trafficking, Non-Commercial Sex Marriage.

(C)
Islamic law may also affect the definition of sex trafficking for the purpose of commercial sex.

Under the UN Protocol on Trafficking only “exploitation of the prostitution of others” as opposed to prostitution is criminalized in the context of trafficking.

Prostitution is a crime in Islam.  Consequently, when the 2004 Arab charter on Human Rights in article 10 prohibited trafficking for the purpose of sexual exploitation, it
Prohibited both trafficking for the purpose of prostitution, and trafficking for the purpose of exploitation of the prostitution of others.

(D)
So, Islamic law is clear in prohibiting all forms of exploitation, including prostitution.  Islamic law was the first legal system to provide for the principle of non-punishment of a victim of trafficking for the purpose of prostitution.

Under 24:23 “And force not your maids to prostitution …. But if anyone compels them … Do not punish them.  God will forgive them.

The Saudi Draft law to combat trafficking in persons in article 13 implements the non-punishment principle.  It states: “No penalties shall be imposed on victims of trafficking in persons for criminal acts committed as a result of trafficking…”

So, how are Muslim countries doing?

(A)
Are they making efforts to combat the problem of trafficking in persons?
Not, according to the US State Department Trafficking in Persons Report.  The Report places 12 Muslim countries in Tier 3.
Algeria, Bahrain, Brunei, Iran, Kuwait, Malaysia, Oman, Qatar, Saudi Arabia, Sudan, Syria, Uzbekistan. 
Tier 3 includes 16 countries. The other 4 are Cuba, North Korea, Equatorial Guinea and Venezuela.

• 10 countries from the Muslim world are on Tier 2 Watch List. 
• 28 are on Tier 2.
• Only Morocco is placed on Tier 1.

This is a very harsh statement by the US government on some of the countries in the Muslim world and Arab world.
 
(B)
This US assessment of Muslim countries, especially Muslim countries in the Middle East, is mainly based on labor trafficking as opposed to sex trafficking.  Migrant workers, especially domestic servants are subject to the “sponsorship rule” which, although does not amount to slavery it creates a relationship of control and restriction of a person’s movement.

Two weeks ago in Qatar, Sheik Yousef Qaradawi talked about the: “excessive sponsor” and called for abolishing a practice which is contrary to Islam.

Another problem is that labor laws in the Gulf States do not apply to domestic service.
In addition, absence of a specific anti-trafficking legislation. Only two countries have passed anti-trafficking laws. The United Arab Emirate and Bahrain.

(C)
Let me conclude with the only Arab Constitution that explicitly prohibits trafficking in women and children and sex trafficking.

Article 37 (of the Iraqi Constitution) states that:  “forced labor, slavery, slave trade, trafficking in women and children and the sex trade shall be prohibited”

These are all concepts that require different analyses under International law and Islamic Law.