
Wafa Bani Mustafa
In South Africa, August 9 is Women’s Day, a national holiday that commemorates the 1956 women’s anti-pass march on the Union Buildings in Pretoria: “Now you have touched the women you have struck a rock: you have dislodged a boulder: you will be crushed.”Wathint’ abafazi, Strijdom! wathint’ abafazi,wathint’ imbokodo,uza kufa!” The women, 20,000 strong, sang that song on that historic day, and it has inspired, and continues to inspire. August is Women’s Month in South Africa and so, with that in mind, globally this month, and along with bad and terrible news, there’s still much to celebrate, especially in Jordan, Lebanon, Chile and India. Within 48 hours this week, Chile eased its ban on abortion and India eliminated the triple talaq instant divorce. Earlier in the month, building on the passage of a progressive law in Tunisia, both Jordan and Lebanon repealed laws that allowed rapists to avoid criminal prosecution by marrying their victims. From Asia to Africa to South America, women are on the move.
On August 4, 2017, Jordanian lawmakers voted to repeal Article 308 of the Jordanian Penal Code. This article was one of the many “marry-your-rapist” laws around the world. Tunisia abolished its version of that law in late July. While many women mobilized over years to end the law, the current leader of the movement to abolish Article 308 has been Wafa Bani Mustafa, a lawyer and Member of the Parliament, head of the Women’s Caucus and Chairperson of the Coalition of Women MPs to Combat Violence against Women. According to Wafa Bani Mustafa, “Article 308 has its roots in French and Latin laws. European countries only fairly recently abolished similar clauses. In France, that happened in 1994; in Italy, 1981. The introduction of such laws in the Arab world happened largely through a mix of colonialism and through the experiences of other countries in the region. Many of the countries used Egypt as an example, which got its laws through the Ottomans and the French colonial involvement in Egypt. But in essence, it is a European product. The important thing to focus on is that such articles have no religious or societal justification – they only discriminate against women.”
For Wafa Bani Mustafa, abolition of Article 308 is part of a multinational feminist decolonization project. Two weeks after the Jordanian lawmakers’ vote, on August 16, 2017, Lebanese lawmakers abolished Article 522 of Lebanon’s penal code, which also allowed a rapist to escape prosecution and punishment if he married his victim.
On Monday, August 21, 2017, a Chilean court ruled that a law easing restrictions on abortion is Constitutional. Michele Bachelet had promised and worked hard to pass the law. According to Bachelet, who had introduced the first version of the law in 2015, “Today, women have won, democracy has won, all of Chile has won.” The law allows women to seek abortions if the fetus is not violable, if the woman’s life is in danger, or if the pregnancy is the result of rape.
The next day, August 22, 2017, India’s Supreme Court ruled that the so-called triple talaq, which allowed men the power to instantly divorce their wives, unconstitutional. Five women brought this case forward. One of them, Shayara Bano, said, “Finally, I feel free today. I have the order that will liberate many Muslim women.”
From Jordan to Lebanon to Chile to India and beyond, women pushed the State to revoke prohibitions that endangered women’s lives. In every instance, the victory this month is both landmark and partial. As Wafa Bani Mustafa explained, “This issue isn’t specific to Jordan or to the Arab world. There are countries around the world that continue to stigmatise women. There are countries that have very developed legislation, yet in practice do not treat women equally. There are countries out there where women suffer way more than they do in the Arab world in similar crimes.” The struggle continues, and women are taking it forward. Now you have touched the women you have struck a rock: you have dislodged a boulder: you will be crushed … in all the languages of the world.

Celebrations in Chile
(Photo Credit 1: Al Jazeera / Wafa Bani Mustafa) (Photo Credit 2: Guardian / Esteban Felix / AP)
Triple talaq ban: Mere judgment won’t suffice; educating and building awareness equally important http://www.firstpost.com/india/triple-talaq-ban-mere-judgment-wont-suffice-educating-and-building-awareness-equally-important-3968781.html
Middle East on a roll to repeal ‘marry the rapist’ laws http://www.aljazeera.com/indepth/opinion/2017/08/middle-east-roll-repeal-marry-rapist-laws-170822095605552.html
Chile eases one of the world’s strictest abortion bans https://www.usatoday.com/story/news/world/2017/08/24/chile-eases-one-worlds-strictest-abortion-bans/596485001/
The Triple Talaq Ruling Is a Step Forward, but There Is a Long Way to Go for Gender Justice Laws https://thewire.in/170364/triple-talaq-uniform-civil-code-gender-justice/
While You Celebrate the Triple Talaq Ruling, Have You Considered the Road Ahead? http://theladiesfinger.com/triple-talaq-ban-muslim-women/
Chile: the long road to abortion reform https://theconversation.com/chile-the-long-road-to-abortion-reform-82990
Triple talaq petitioner Ishrat Jahan faces social boycott, character assassination http://timesofindia.indiatimes.com/city/kolkata/triple-talaq-petitioner-ishrat-jahan-faces-social-boycott-character-assassination/articleshow/60215712.cms
Ending instant divorce is a victory. But Indian women have a fight ahead https://www.theguardian.com/commentisfree/2017/aug/25/islamic-instant-divorce-victory-india-talaq-women-harmful-practices
Indian Muslims Are Not a Homogenous Community, so Who Is the Triple Talaq Verdict For? https://thewire.in/170877/triple-talaq-muslim-community/
Triple Talaq Verdict: Some Justice, Finally http://www.openthemagazine.com/article/cover-story/triple-talaq-verdict-some-justice-finally
It’s Still a Man’s World http://www.openthemagazine.com/article/cover-story/it-s-still-a-man-s-world
A Fine and Liberating Balance https://www.outlookindia.com/magazine/story/a-fine-and-liberating-balance/299256
Triple Talaq verdict: a battle won, but the war remains http://www.thehindubusinessline.com/opinion/columns/c-p-chandrasekhar/triple-talaq-verdict-a-battle-won-but-the-war-remains/article9833744.ece
Chile’s President Bachelet sends gay marriage bill to Congress https://www.reuters.com/article/us-chile-lgbt-idUSKCN1B81IA
The 2030 goal to see world free from legislation that discriminates against women https://womensagenda.com.au/latest/soapbox/one-one-discriminatory-laws-disappearing-weve-still-got-work/
How Chile Ended Its Draconian Ban on Abortion https://www.nytimes.com/2017/09/01/opinion/chile-abortion-ban.html
‘I’ve been laughing and crying,’ says woman who first challenged Muslim personal law in SC in 1983 https://scroll.in/article/848680/ive-been-laughing-and-crying-says-woman-who-first-challenged-muslim-personal-law-in-sc-in-1983
Triple Talaq Judgment and the Continuing Confusion about the Constitutional Status of Personal Law http://www.epw.in/engage/article/triple-talaq-judgment-and-continuing-confusion-about-personal-law-and-constitution
The abuse of India’s triple talaq verdict http://www.aljazeera.com/indepth/opinion/2017/09/abuse-india-triple-talaq-verdict-170903080437641.html
India’s ‘instant divorce’ ban: the end result or the first step in reforming Islamic law? https://theconversation.com/indias-instant-divorce-ban-the-end-result-or-the-first-step-in-reforming-islamic-law-83161
Triple Talaq petitioner Ishrat Jahan refuses to return to husband … https://mumbaimirror.indiatimes.com/news/india/triple-talaq-petitioner-ishrat-jahan-refuses-to-return-to-husband/articleshow/60439888.cms
Laws for women, not against Muslims http://timesofindia.indiatimes.com/india/laws-for-women-not-against-muslims/articleshow/60433232.cms
‘Triple talaq’ abolition is only the start of a larger campaign for gender justice in India https://theconversation.com/triple-talaq-abolition-is-only-the-start-of-a-larger-campaign-for-gender-justice-in-india-83089
With triple talaq order, Supreme Court revives ‘arbitrariness’ as grounds to challenge unequal laws https://scroll.in/article/849670/with-triple-talaq-order-supreme-court-revives-arbitrariness-as-grounds-to-challenge-unequal-laws
After the Talaq http://www.openthemagazine.com/article/essay/after-the-talaq
Chilenas cuentan sus testimonios de aborto antes de la Ley de tres causales https://www.nuevamujer.com/actualidad/2017/09/27/aborto-3-causales-testimonios-avance.html
India – Stop Criminalisation of Triple Talaq – Punitive action not a deterrence http://www.kractivist.org/india-stop-criminalisation-of-triple-talaq-punitive-action-not-a-deterrence/
The triple talaq Bill is hasty, impulsive and cruel – much like the act it seeks to criminalise https://scroll.in/article/862502/the-triple-talaq-bill-is-hasty-impulsive-and-cruel-much-like-the-act-it-seeks-to-criminalise
India aims for law that could jail Muslim men who instantly divorce wives http://news.trust.org/item/20171228080507-se7fy/
What is the instant triple talaq Bill? http://www.thehindu.com/news/national/what-is-the-instant-triple-talaq-bill/article22296008.ece
Will continue fight: Shayara http://www.thehindu.com/news/national/will-continue-fight-shayara/article22321433.ece
Triple Talaq Judgment Creates Confusion on Constitutional Status of Personal Law http://www.epw.in/engage/article/triple-talaq-judgment-creates-confusion-constitutional-status-personal-law
Lok Sabha passes triple talaq bill http://www.thehindu.com/news/national/lok-sabha-passes-the-triple-talaq-bill/article22319663.ece
For Jordanian Women, a Year of Hard-Won Progress and Continuing Challenges https://globalvoices.org/2018/03/11/for-jordanian-women-a-year-of-hard-won-progress-and-continuing-challenges/
Lawmaker who changed Jordan’s rape law takes on child marriage. http://news.trust.org/item/20190212200156-kctv4/