Saturday, 1 October 2011

HOW NATURAL RIGHTS OF MEN ARE BEING ABUSED BY CULTURAL AND RELIGIOUS PRACTICES By Andrew Bishop Mkandawire (AB Deevado)-MC Yr 4 4th May, 2012 Share World Open University-BT Campus

Natural rights are those rights that every individual claim and possess them right from birth to the day when one dies. These rights guarantee enjoyment of fundamental freedoms.  
(www.juragentium.unifi.com) argue that the paradigm of this universalism is represented by the Universal Declaration of Human Rights, passed by the United Nations in 1948. It reads: "All human beings are born free and equal in dignity and rights" (art. 1) and specifies that "Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status" (art. 2).
Cultural activities abuse natural rights of men through matrilineal descent, patrilineal descent and ceremonial traditions.
In matrilineal descent according to (Kottak 2008: 213) people join the mother’s group automatically at birth and stay members throughout life. Matrilineal descent groups therefore include only the children of the group’s women. In Malawi the Chewa tribe does practice this descent and the man loses ownership of children, property and wealth and authority over the family. This practice abuses natural right of men for example right to family and marriage in which according to (Constitution of Malawi section 22 (2)) state that each member of the family shall enjoy full and equal respect and shall be protected by law against all forms of neglect, cruelty or exploitation.
Patrilineal descent practice also abuse a right to marry as it demands men to pay Bride-Price to wife’s parents. In Tumbuka tribe this is called Lobola. This means a man is likely to be denied to take a woman to himself as a wife without such a payment. In consideration, many Malawian families’ sons are poor and cannot afford to pay bride price worthy 5 cows for a wife.
Some cultural traditions in Malawi for example deny men from associating themselves with their wives for some time. For example, Litiwo is a Yawo marriage ceremonial tradition which snatches a woman who has given birth to the first born child from a man. Elder women give a woman some marriage antics including sexual, how to treat relatives, domestic care and at most how to care for the newly born baby. The right to family and marriage which in this case is the natural right of a man is abused.
Cultural traditions again abuse natural rights of men. For example, Sena tribe of the southern region of Malawi practices forced Kulowa Kufa and Fisi. The former practice forces man to cleanse a deceased family from misfortunes by having sexual intercourse with a widow and the latter practice involves a man to have sexual intercourse with just initiated girls from Chinamwali (the initiation ceremony). All the two cultural practices are inforced by a chief of the village. The right to liberty and freedom of conscience is abused which according to (Constitution of Malawi section 33(1)) state that every person shall have right to freedom of conscience, religion, belief and thought, and to academic freedom.
Since the practices describes are a heath risk as sexually transmitted diseases can be contracted by men, their right to health is also abused. In addition men have the right to economic activity which cannot progress if they can be infected with HIV/AIDS. This means poverty levels will extremely increase in such rural communities as well as urban areas.
(Ibadam 1999: 27) argues that although the health impacts of the disease alone are ample cause for concern, there are additional reasons why the development community in general and policymakers in particular should be concerned about the HIV/AIDS epidemic. First, wide spread poverty and unequal distribution of income that typify underdevelopment appear to stimulate the spread of HIV. Second, the accelerated labor migration, rapid urbanization, and cultural modernization that often accompany growth also facilitate the spread of HIV. Third, at a household level AIDS deaths exacerbate the poverty and social inequality that are conducive to a larger epidemic, thus creating a vicious cycle.
Religious practices do also abuse natural rights of men. These practices include religions rules, ceremonies and directives.
Men are denied sex from their wives when attending religious ceremonies like fasting, feasting, mesa. These ceremonies are conducted by both Christians (Saturday and Sunday worshippers) and Muslims. This abuses natural right to family and marriage. At the same time such religious practices abuses freedom of association of men with their friends and relatives.
Muslim religion does give women financial directive as right. Women's rights in the Qur'an are based around the marriage contract. A woman, according to Islamic tradition, does not have to give her pre-marriage possessions to her husband and receives a mahr (dowery) which she is allowed to keep. Furthermore, any earnings that a woman receives through employment or business is hers to keep and need not be contributed towards family expenses. This is because the financial responsibility for reasonable housing, food and other household expenses for the family, including the spouse, fall entirely on the husband. In traditional Islamic law, a woman is also not responsible for the upkeep of the home and may demand payment for any work she does in the domestic sphere.[47] This varies considerably in practice however (www.sillybelifes.com).
This Muslim directive though it is according to Qur’an it abuses the right to equality of family responsibility. (Constitution of Malawi 2000: 16 section 20(1)) argues that discrimination of persons in any form is prohibited and all persons are, under any law, guaranteed equal and effective  protection against discrimination on grounds of race, color, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth or other status.
The same Islamic religion enforces male circumcision as a religious practice. This abuses the natural right of men of dignity. For example the constitution of Malawi state that no person shall be subjected to medical or scientific experimentation without his/her consent. In addition the right to liberty is also abused. This is because the practice is compulsory and suppresses freedom of choice.
Finally, although some cultural and religious practices do abuse natural rights of men influenced by women interest to some extent, all humans have to enjoy equality. This notion however contradicts with legal rights which can overpower in the interest of justice and public uprightness. In Islam for example gender roles are being promoted to ensure equality between men and women is achieved.
(www.sillybeliefs.com) argues that Qur’an expresses two main views on the role of women. It both stresses the equality of women and men before God in terms of their religious duties (i.e. belief in God and his messenger, praying, fasting, paying zakat (charity), making hajj (pilgrimage to Mecca/ Medina)) and places them "under" the care of men (i.e. men are financially responsible for their wives). In one place it states: "Men are the maintainers and protectors of women, because Allah hath made the one of them to excel the other, and because they spend of their property (for the support of women)." The Quran explains that men and women are equal in creation and in the afterlife. Surah an-Nisa' 4:1 states that men and women are created from a single soul (nafs wahidah). One person does not come before the other, one is not superior to the other, and one is not the derivative of the other. A woman is not created for the purpose of a man. Rather, they are both created for the mutual benefit of each other.[Qur'an 4:34]
This is how natural rights of men are abused with cultural and religious practices.

REFERENCES

Ibadan, B. 1999. Confronting AIDS. Oxford: UNAIDS

Kottak, CP. 2008. Cultural Anthropology. 12th edition. Boston: Mac Graw-Hill

www.juragentium.unifi.com. Date Accessed: 15/03/11

Sillybeliefs. 2011. ‘Women in Isram’. Accessed at www.sillybeliefs. Date Accessed: 15/03/11

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