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PER: Potchefstroomse Elektroniese Regsblad
versión On-line ISSN 1727-3781
PER vol.12 no.3 Potchefstroom ene. 2009
Polygynous Muslim marriages in South Africa: their potential impact on the incidence of HIV/AIDS
N Moosa
Former Dean, Faculty of Law, University of the Western Cape, Bellville, South Africa. This article started out as a co-authored joint venture with Mr Armien Cassiem (formerly of the University of the Western Cape). It has subsequently been completely refocused and revised by the current author who would like to acknowledge the initial contribution of Mr Cassiem. This article is based on a paper that was presented at the Inaugural Conference of the Centre for Responsibilities, Rights and the Law on Gender, Family Responsibility and Legal Change, hosted by the Sussex Law School, University of Sussex, United Kingdom, held on 10-12 July 2008. The author would like to thank Professors I Leeman (University of the Western Cape) and Z Motala (Howard University, Washington, DC, and Extraordinary Professor, University of the Western Cape) for their editorial assistance in preparing this article.
Only very rarely in human history does the advent of a single phenomenon so fundamentally impact upon an entire civilisation so as to cause it to re-examine and reformulate its basic assumptions as to its destiny, to review both its instinctive and articulated ethical assumptions, to restructure its productive processes and concomitantly and inevitably to reformulate its legal premises The HIV epidemic is potentially such a phenomenon 1
1 Introduction
Polygyny2 is generally deemed to be incompatible with Western3 norms of monogamy and equality, and, therefore, discriminatory to women. This article does not debate the merits and demerits of this view, but proceeds from the premise that polygyny as a religious and customary institution, although not commonly practised in South Africa, is recognised both in Islam as religion and in South Africa. Furthermore, given our historical, political and cultural context, it is not surprising that the State has, with a democratic dispensation in place, given full legislative recognition to polygynous African customary marriages,4 and is in the process of doing so for Muslim religious marriages.
HIV/AIDS5 is a modern epidemic and introduces new debates in religious and interfaith discussions. Although treatable, it is to date incurable. While AIDS was first recognised in 1981 as a mainly homosexual problem in the USA, it has since then increasingly become a heterosexual problem, as is also the case in South Africa. HIV/AIDS does not discriminate, and no person (regardless of sex, class, race or religion) or region in the world (including Muslim countries) is immune from it. The first cases of AIDS were identified in South Africa in 1982.6 Today, two and a half decades later, and arguably because of the inertia of the previous apartheid government and mismanagement by the current democratic government, South Africa is " regarded as having the most severe HIV epidemic in the world"7 and
more than one in eight people [are HIV-positive]. Some eight hundred South Africans die of AIDS on an average day. And the epidemic is spreading at a rate of more than a thousand new infections a day.8
Muslims are expected to observe a strict moral code of conduct. There is the misguided perception that HIV/AIDS has largely bypassed Muslims because Islam forbids homosexuality and promiscuity. This article examines whether there is any relationship between the institution of polygynous marriages in Islam and the spread of HIV/AIDS. Campaigners against HIV, adopting a health and human rights approach, advocate and/or highlight that, compared to monogamy, polygyny either amplifies rates of HIV transmission or is the cause of its spread. Some of the general concerns raised highlight that states' legal condonation rather than discouragement of polygyny has the deleterious effect of perpetuating inequality within marriage; contravenes provisions in international instruments; results in a violation of women's sexual and reproductive health and dignity; and negatively impacts on women's ability to insist on spousal fidelity or condom usage, negotiate their sexuality and choice in leaving such high risk relationships. While not detracting from the popularly held view that women in polygynous relationships may be at greater risk of contracting HIV than their counterparts in monogamous relationships, in briefly addressing some of the concerns raised, this article suggests that, while it may indeed be a contributing factor, it is not the institution of polygyny per se that relates to the disease's spread, but the conduct of the parties to the marriage relationship, whatever its nature (monogamous or polygynous).
The focus and thrust of this article lie with the institution of polygyny in Islam, the South African response to polygyny, the (potential) impact of polygyny on the incidence of AIDS, and the contribution that both an informed approach to HIV and an enlightened approach to the application of Islamic values, which I favour, could or would have on the limitation of the disease's spread. The article is structured accordingly.
2 The Nature of Polygyny in Islam9
Muslim Personal Law (MPL)10 pertains to, among other things, polygyny which falls under the category of family law. As far as marriage is concerned, Islam enjoins strict monogamy on women, and, furthermore, confines their choice of husband to the ranks of Islam. In contrast, a Muslim man may be married to as many as four wives at any one time, and these marriages can furthermore be mixed (inter-faith).11 Common reasons that are provided today by men in justification of the practice of polygyny, and some of which are supported by legislation in certain countries, customarily include, but are not limited to, infertility or long-term illness of the first wife, and excessive wealth on the part of the husband enabling him to support widowed or divorced mothers.12 This does not preclude women who have never married. In early Islam polygyny also served a useful socio-economic purpose in absorbing a surplus of women widowed by war, and several of the Prophet Muhammad's marriages were politically motivated. Islamic law allows women to include protective stipulations against polygyny in their marriage contracts which would entitle the wife to divorce her husband if he breaches them.13
Of the Prophet Muhammad's nine to eleven wives, only one was a virgin, whom he preferred and loved more deeply or differently than his other wives, and was, therefore, himself not able to treat his wives with absolute equality. This is acknowledged also in the Qur'an itself.14
While in the socio-economic context the Qur'anic polygyny verses can be quoted to show inequality between the sexes, there is scope in the primary sources to indicate that polygyny was not meant to be a permanent "reward" accorded to men, or a feature of Islam. Islam, via the Qur'an, in fact limited the practice of polygyny by men to four wives,15 with a strong directive towards monogamy.16 Interesting to note is the fact that the relevant Qur'anic verse (4:3), although permitting polygyny, does so in the context of dealing compassionately with orphan-girls. This important fact, however, seems to have been of no, or little, consequence or relevance in the subsequent interpretations of these verses. The above-mentioned (polygyny) verses emphasise equal treatment among wives, but acknowledges that this is not possible, no matter how hard a man tries.17 An orthodox interpretation of these verses measures equal treatment in financial terms (relating to maintenance and housing, etc) with little, if any, regard to emotional and psychological effects.
It is not common knowledge that the Qur'anic verses limiting polygyny and exhorting monogamy were only revealed after Prophet Muhammad had married all his wives. In fact, the Prophet himself was prohibited by God in the Qur'an from contracting any more marriages.18 The Qur'anic verse prohibiting the Prophet from entering into any more marriages must not only be viewed as normative but indeed unique, in that God made provision for all eventualities, if Muslims are prepared to see it as such.
While Muslim activists of both sexes, like conservative Islamists and modernists, either support or reject the practice of polygyny, the bottom line is that, while reformers have tried to restrict polygyny within an Islamic framework, they find it very difficult to abolish it outright. All women and men, regardless of wealth and educational status, need, therefore, to co-operate in order to bring about change in family law. While certain countries have effected amendments or reforms to codes of personal laws, it must be noted that, on the basis of (the same) Qur'anic injunctions and intention, in some countries polygyny is controlled by making it the exception and subject to judicial regulation (Pakistan),19 while in others (like Tunisia)20 it has been prohibited completely.
3 The South African Response to Polygyny
3.1 Prior to 1994
Moral disapproval of polygyny, and the fact that it was regarded as offending against public policy (contra bonos mores), resulted in Muslim marriages historically not being recognised by South African law. This was the case despite the fact that at the time "less than 2 per cent of the male Muslim population of South Africa ha[d] more than one wife",21 which proved that most Muslim marriages were in fact monogamous.
A valid civil marriage in South Africa had to be monogamous. This was quite clear from the context of our common law, statutes and case law,22 which show a clear bias towards western and Christian moral values despite South Africa being a multi-cultural and multi-faith society.23
Polygynous marriages, regardless of where they were contracted,24 were void in South African law, although they may have had certain legal consequences. Since the form of an Islamic marriage does not preclude further simultaneous marriage(s) by the husband, South African law regarded it as potentially polygynous, even if neither party had more than one partner, and even when the parties intended their marriage to be monogamous. Thus, a potentially polygynous union was equated with a de jure polygynous union.25 The status quo remained, although much progress was made towards the recognition of polygynous marriages since the end of apartheid and the adoption of the interim 1993 Constitution,26 with courts starting to recognise some of the effects of Muslim marriages in order to provide relief to women and children in cases of death or divorce. The human rights to freedom of religion and equality were, however, given equal weight in the interim Constitution, and this made it possible that Muslim marriages, once recognised, could be exempt from the Bill of Rights.
3.2 1994 to date
The final Constitution appears to guarantee the right to freedom of religion27 to all South Africans, which entrenches the right to live according to the customs and traditions prescribed by those religions. The Constitution, therefore, lays the groundwork for the recognition and application of religious family law systems28, but it does not constitutionalise the right to have any system of family law recognised by the State, so that religious groups still have to lobby for legislative recognition. The right to equality29 trumps the right to religious freedom, and this means that Muslim marriages, once recognised, will be subject to the Bill of Rights.30 The Bill of Rights, especially its equality clause, guarantees that the status of Muslim women in South Africa can be different, or better, than that of their counterparts elsewhere in the world. Provisions in international instruments which helped shape our Bill of Rights clearly call upon their signatories to eliminate discrimination against women in all matters relating to marriage which, by implication, would include abolishing the practice of polygyny. South Africa has, for example, in 1995 ratified the United Nations document that embodies women's rights, namely, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),31 without any reservations. While its acceptance certainly marks an enormous step forward, it also has the limitations of all similar international instruments in so far as there is little power to demand its implementation.32
It has been stated that since 1994 there has been a change in the courts' approach to Muslim marriages. The content and meaning of the boni mores have, for example, been reinterpreted to accord with the new constitutional ethos of tolerance, pluralism and religious freedom.
Although no court has yet declared a Muslim marriage valid, and although they mostly refrain from expressing approval of polygyny,33 courts have given effect to some of the obligations arising from Muslim marriages.34
Nonetheless, legislative concessions and court interventions to redress the consequences of non-recognition have only provided partial relief.
The South African Law Reform Commission (SALRC),35 as the governmental body responsible for considering law reform, has examined the scope for recognition of MPL. A Draft Bill on Muslim Marriages (Draft Bill),36 contained in the 2003 Report, has been proposed to harmonise Muslim marriages and related matters with the Bill of Rights and its emphasis on equality.
Although polygyny is not widely practised in South Africa, nor encouraged amongst Muslims,37 and cognisant of the South African context, the Draft Bill envisages the recognition of all existing and future monogamous and polygynous Muslim marriages, subject to certain conditions. As a compromise attempt to create a balance between conservative and liberal views favouring and opposing polygyny, respectively, and still remaining true to the Constitution, clause 8 of the Draft Bill proposes that polygyny not be outlawed, but creatively curtailed in terms of complying with Qur'anic injunctions of justice, and that there be secular court intervention to prevent abuse.38
A secular court has to approve an application by a husband to take another wife.39 This approval will only be given if the husband can satisfy the court that he will be able to "maintain equality between his spouses," that is, treat his wives equally as required by the Qur'an,40 and that the financial consequences of all the marriages have been satisfactorily arranged.41 An existing spouse must be given notice of the intention to take a further wife.42 This is aimed at preventing the current situation, where existing wives are often unaware of a second marriage until after the fact. Failure to obtain the required court consent would render a husband liable to a fine of up to R20 000.43 Unlike the case in some Muslim countries, like Pakistan, where the permission of the first wife is required, the Draft Bill requires the formal approval of the court. The position where there is one wife, would apply mutatis mutandis to a case where there are several wives. However, failure to obtain such approval, or his wife's permission for that matter, will not invalidate the husband's second marriage, and he merely has to pay a small fine - hardly a deterrent, as has proved to be the case in Pakistan, where the husband either pays a small fine or undergoes a short period of imprisonment.44 The Draft Bill indicates that each wife in a polygynous Muslim marriage can insist on just and equal treatment between wives, and that failure by the husband to do so provides a wife with valid grounds for divorce.45 It remains to be seen whether clause 8 will be able to provide sufficient redress to a wife who does not want to be divorced, but, because she prefers to be in a monogamous relationship, refuses to stay with her husband or have conjugal (sexual) relations with him. Such a situation would be unacceptable to traditional Islamic law.46
Cognisant that polygyny in Islam can be interpreted to embody gender inequality, and be seen to be oppressive to wives, the Draft Bill places restrictions on polygynous marriages, and although inclining towards establishing equality, it is not equality per se but equality in terms of status, human dignity and equal treatment that can be insisted upon.47 As was indicated earlier, the Qur'an itself acknowledges that the achievement of equal treatment and justice in such marriages is virtually impossible.48
While issues of MPL and Muslim marriages in particular have received considerable positive attention in decisions of the courts, the judiciary believes that it is the role of the legislature to resolve the complexities surrounding the recognition of Muslim marriages following the work of the SALRC in this regard. The suggested legislation has to date not yet been enacted by Parliament.49 Until such time the South African courts remain the main forum for aggrieved Muslim parties to approach when seeking redress for the hardships caused by the non-recognition of the validity of their marriages.
4 The (potential) impact of poligyny on the incidence of HIV/AIDS
The South African Muslim community is heterogeneous and comprises of cosmopolitan groups consisting of various cultural, ethnic, language and social backgrounds. The 2001 South African Population Census estimates that there are over half a million Muslims (654 064) out of a total population of nearly 45 million. Muslims, therefore, constitute an estimated 1.5% of the total population compared to the nearly 80% (36 million) Christians.50
Despite the prominence of polygyny as a reason for denying legal recognition to Muslim marriages, it is rarely practised in contemporary South Africa across most race and religious groupings, including Muslims. The 2001 Population Census estimates that a mere 0.1% (29 469) of the total population (of nearly 45 million) over the age of 15 were involved in polygynous marriages.51 Muslims mostly come from the Coloured and Indian/Asian population groups, which together account for 1 628 of these marriages. Muslim women are estimated by the Population Census to be slightly less in number than Muslim men. The fact that there is not a surplus of Muslim women is a factor that lends support to the view that there appears to be little local social need for polygyny.52
South Africa has the sixth highest prevalence of HIV world-wide, with 18.8% (5.5 million and counting) of the population estimated to be infected. The UNAIDS 2006 Global Report estimated that 320 000 South Africans died of AIDS related deaths during 2005. New infections continue to increase with no indications of reaching a natural ceiling. Women are more at risk of infection. On average, three women are infected for every two men infected, the difference being greatest in the 15-24 age group, where three young women are infected for every one young man.53 AIDS is a social disease from which Muslims are not exempt. Although the epidemic affects all parts of the population, "[m]any Muslims believe that AIDS is a homosexual54 disease or a disease that affects black55 people only",56 and, like many people, are generally ignorant of the fact that victims of AIDS are not necessarily gay or promiscuous and may have acquired the disease via other means.57
Due to the secrecy surrounding HIV/AIDS, Muslims are unwilling to reveal their status while alive and families are afraid to say how their loved ones died.58
Although statistics regarding the prevalence of HIV amongst South African Muslims are not readily available, it certainly exists and is on the increase in the Muslim community, including its religious leaders.59
Campaigners against HIV/AIDS adopting a health and human rights approach discourage polygyny and blame it for either amplifying rates of HIV transmission or causing its spread.60 However, the fact that it is possible for polygyny to be cited as a major risk factor responsible for both spreading and reducing HIV in one country (Malawi), further highlights that there is more at stake here than polygyny as a practice per se.61
Some publicly opine that as long as partners, who are HIV-negative, remain faithful to each other within a closed polygynous circle there is no cause for concern of contracting HIV. Whilst this is true, it is also interesting to note that AIDS transmission via sexual contact is more likely to occur from a male to a female rather than the other way round.62 This implies that the prospect of greater infection intra marriage must be present in polygynous marriages if the husband is the infecting party, although nothing precludes a wife, competing with several co-wives for sexual gratification from one husband, from engaging in extra-marital sex with an infected party and so transmitting it to the husband. However, as will be highlighted with hypothetical questions tested on the facts of the Miller case below, it is contended that rather than the institution of marriage itself relating to the disease, it is the conduct of the parties to the marriage relationship, regardless of its nature (polygynous or monogamous).
A case that has gained much publicity in the Western Cape Muslim community was that of a local Muslim woman who had contracted full blown AIDS in a polygynous marriage that lasted seven months. Cognisant of the stigma63 that South African Muslims attached to, and the discrimination associated with, the disease, Ms Miller was the first and only Muslim woman in South Africa to have publicly disclosed her status on a Muslim community radio station64 in 1996 in an attempt to raise awareness in the community of the fact that Muslims are not exempt from this scourge. Not surprisingly, her disclosure
was met with mixed feelings as well as denial and often people would state that as a Muslim one could never contract this disease.65
It was only in 1995 that she learned that she had contracted the disease from her late Malawian husband who had since died of AIDS. This was her first marriage and his second. She was also a virgin at the time she married him. She had no prior knowledge that her husband was infected, and he died without knowing that he was infected.66
As prescribed by Islam, Ms Miller's first sexual encounter was within a lawful marriage; yet this did not prove to be sufficient to protect her from HIV infection. Did the fact that she was in a polygynous marriage make her particularly more vulnerable to, or at risk of, HIV? She could have been in a monogamous marriage and the husband could have had an extra-marital affair with an infected woman or could have been widowed and infected by his deceased wife? Would the position have been any different if more wives joined the polygynous marriage, with or without the first wife's knowledge?
Would Ms Miller's and her late partner's lives have been different today if they had been in a position to make educated and informed choices, both before engaging in marital sex and during their polygynous marriage? For example, would HIV testing prior to their marriage have: i) influenced their decision to marry each other (if tested HIV-negative) or to reject each other (if tested HIV-positive); ii) prompted them to use condoms to either reduce the risk of, or to prevent the uninfected party from contracting, the disease; and iii) encouraged the infecting party to seek anti-retroviral treatment to prolong his life?
A second or further wife is often aware that she is entering into a polygynous marriage, and may, therefore, give it due consideration before accepting such a proposal. The first wife, whose permission is not required and who has little choice in the matter, is often unaware of the fact that she has become party to such a marriage if it took place clandestinely, and has even less remedies at her disposal. If, however, she is aware of the further marriage and of any potential risk of contracting HIV, she may, for example, insist on the husband's use of condoms, or have recourse to an option of divorce if the marriage contract stipulated against polygyny (which is seldom the case), or even face the prospect of rejection by the husband should she refuse to have sex with him67 until he provides her with proof of HIV testing68 of both himself and the co-wife, who could also potentially already be infected. A right to divorce also offers little comfort to the wife at risk of contracting AIDS.
A Muslim man may lawfully marry up to four wives and divorce them relatively easily. Polygyny was not intended to be used as a status symbol to increase the number of sexual partners or as justification for satisfying the unusual sexual desires of men; which would reduce polygyny to nothing more than a practice which legitimates 'promiscuity' under the guise of marriage. Both parties, presumably, have recourse to the option of divorce if their conjugal needs are not reasonably met.
Inserting clauses in a marriage contract to the effect that the wife would be entitled to divorce her husband should he enter into a polygynous marriage offers little protection to the wife. That Islam permits polygyny is exacerbated by the fact that Islamic divorce laws are interpreted to be particularly stringent, thus placing undue hardship and restrictions on the wife wishing to get out of such a marriage. As far as divorce is concerned, it must be noted that a revocable divorce (raj'i talaq) is one that does not immediately dissolve the marriage in that it does not become effective until the end of the waiting period (idda), which varies in length, prescribed for the wife. The woman is, therefore, still the legal wife of the husband in this case69, and is still obliged to have conjugal relations with him. She, on the other hand, may not remarry until the expiry of this period, while her husband may remarry, and have sex, with up to four women at a time.
Since abstinence before marriage is the Islamic norm, early marriage after reaching the age of puberty70 is encouraged. While pre-marital and extra-marital sex is taboo in Islam,71 and its practice more prevalent in non-Muslim societies, this does not mean that local Muslims, who do not live in isolation from the larger non-Muslim society of which they form part, do not engage in such activities. Evidently
[s]ome Muslim youth are sexually active and engage in pre-marital sex; some adults are promiscuous, engaging in extra-marital sex.72
There is also a growing frequency of local 'shotgun' or 'MGM' (must get married) marriages for the sake of covering up a prior pregnancy,73 and 'honour deaths'74 in certain Muslim countries where brothers kill sisters to save the family's good name and honour. Virginity, although prized, is not a prerequisite for marriage. In some countries 'virginity' tests are often sought to prove that the prospective wife is indeed a virgin. It is not uncommon for non-virgins to make a mockery of these tests by having their hymens surgically repaired. While this deceit can be reason enough to terminate such a marriage, sight must not be lost of the fact that being a virgin, although commendable, does not safeguard one from contracting HIV/AIDS, as demonstrated in the Miller case. In South Africa the Children's Act75 prohibits virginity testing of children under the age of 16,76 and in girls older than 16 testing is subject to informed consent.77
Notably, a question that was debated and considered by members of the SALRC Project Committee tasked with the recognition of Muslim marriages, was whether or not disclosure of HIV/AIDS status should be legally regulated in a Muslim marriage contract. However, this proved to be too problematic from medical,78 constitutional and human rights points of view.79 Women's groups have also generally opposed any proposals to introduce partner notification of HIV status. Women are often the first to find out about their status, for example, during a routine pregnancy screening, but are less inclined to disclose such status because of their vulnerability to violence, economic hardship and (social) abandonment.80 Not surprisingly, our new Criminal Law (Sexual Offences and Related Matters) Amendment Act81 does not make such non-disclosure an offence. While the legal position remains unchanged, there have been advances in HIV testing which diminish the medical argument.82
While there is no legal duty in consensual sexual relationships to disclose one's HIV status to one's sexual partner at any stage during the relationship, it should be encouraged. Together with mutual trust and fidelity between all the parties to a polygynous marriage comes the added safeguard of taking responsibility for each other's health and life.
Despite the fact that it took its cue from certain Muslim countries which have prescribed a minimum age of marriage for both males and females that is higher than the age of puberty83 prescribed by Islamic law, the Project Committee's suggested marital age of 18 was reduced at the insistence of the public. Muslim marriages will now have to comply with the ages and conditions as set out in terms of the South African Marriage Act,84 which makes provision for marriages to take place at an earlier age than is the general practice in South Africa. Since early marriage is encouraged in Islam (which promotes physical maturity over mental preparedness), such a reduction in age is preferred over sex outside marriage which is not permitted in Islam but in which some of Muslim youth are engaged. While this can assist in AIDS prevention among the youth, young girls remain a vulnerable social group since they may start to be sexually active before the ages of 15-16 (when their bodies become physically ready for it).
Cultural practices that have no Islamic85 legal sanction, but have become intertwined with it, like levirate marriage or "widow inheritance",86 also have implicit in them the potential to increase the risk of contracting HIV in polygynous societies. For example, in Muslim Senegal's polygynous society it is not uncommon for a man to marry his brother's widow or widows.87 If the brother had died of AIDS, and the man now contracts it from his brother's widow(s), he will spread it to his other wives unless they refuse to have conjugal relations with him. This highlights that polygynous and/or levirate marriages become risk factors when a party is infected with HIV. Fortunately this practice is alien to South African Muslims.
5 The contribution that Islamic values can make to the fight against AIDS
In this section the contribution that both an informed approach to HIV, and an enlightened approach to the application of Islamic values could, and would, have on limiting the spread of HIV/AIDS are highlighted.
Many Muslims attribute their contracting of HIV to fate (taqdir). Illness comes from God and must, therefore, be accepted without question. Some even see it as a curse from God, as punishment for sinful behaviour. One of the main findings of a study of perceptions of HIV-related stigma among Muslims in a Cape community was, that
Muslims' religious identity/positioning was the most salient discourse that informed how they understood, made meaning of, and responded to HIV/AIDS.88
This highlights that the misperception among Muslims, that they remain unaffected by AIDS because of the protection implicit in Islamic beliefs and tenets, must be influenced by the attitudes and approaches of religious leaders (ulama), whom they hold in high esteem, to the disease.
A hadith exists in which the Prophet says that
whenever promiscuous behaviour dominates a people to such an extent that they display it publicly, there spreads among them invariably, a pestilence the like of which has never been witnessed by their forefathers.89
Juxtaposing this insightful predictor into our present day context, many ulama and Muslims believe that abstention from pre-marital and extra-marital sex is a true safeguard against AIDS. While such a view is undoubtedly a good starting point, it is not the complete panacea or remedy.
A study, undertaken to determine whether HIV prevalence is lower among Muslims than non-Muslims, found that
[a]mong 38 sub-Saharan African countries, the percentage of Muslims within countries negatively predicted HIV prevalence. [Furthermore] [a] survey of published journal articles containing data on HIV prevalence and religious affiliation showed that six of seven such studies indicated a negative relationship between HIV prevalence and being Muslim.90
This hypothesis was tested by working from the premise that
[r]eligious constraints on sexuality may have consequences for the transmission of sexually transmitted diseases [and] [r]ecognising that several Islamic tenets may have the effect, if followed, of reducing the sexual transmission of HIV.91
Islamic tenets which guide moral and sexual conduct and which may, if practised/followed, reduce the sexual transmission of AIDS include: reduced age for marriage; no pre-marital sex for both sexes; no extra-marital sex for both sexes; no lesbian and homosexual sex; no prostitution; ritual washing of private parts for both sexes; no sex when the wife is menstruating; male circumcision; and no consumption of alcohol or drug abuse.92
Some of these tenets are often enforced in Muslim countries by strict sanctions and harsh punishment. This, however, does not give any guarantee that these tenets are not violated in these countries. Furthermore, in a modern South African context, adherence to these tenets is diminishing among Muslims. It is only by acknowledging the current status quo, and our limitations and fallibility as human beings that we can begin to address the ramifications of this disease. As indicated, Islamic safeguards on their own provide insufficient protection against contracting HIV and must, therefore, be supplemented.
Traditional Muslim families tend not to talk openly about and educate their children on sexual matters and related health risks, nor do spouses educate each other on these issues. Avoidance does not lead to immunity, and children, in any event, do learn about these topics at secular schools. Ignorance about HIV, denial, and fear of stigmatisation continue to cloud our judgments. People turn a blind eye, condemn safer sex options, like condoms, (birth control is not enough to prevent HIV/AIDS infection), and pass judgment, all in the name of Islam. Ultimately, casting judgment on the sexual choices of Muslims lie in the domain of God.93 The role of ulama, who are well placed to lead, is not to morally alienate, but to engage and guide, their congregations regardless of their sexual lifestyles and sexual orientation, by raising awareness at grassroots level in communities and places of worship about HIV/AIDS and behaviour which might lead to and/or contribute to its spread or reduction.
The Qur'an can, and has been, interpreted to accept, restrict or reject polygyny. Since increasing the number of sexual life partners may potentially increase the risk of acquiring AIDS, polygyny is often the wrong target of AIDS prevention programmes. Blaming this practice for the spread of AIDS can also be dangerous, in that it can create a false sense of security, or an imagined immunity, for those people who do not engage in this practice. Safe sex should be promoted as non-negotiable. Fighting polygyny is not going to do that, because it will not ensure or guarantee that people will behave more responsibly or practise safer sex. It should, therefore, no longer simply be a question of whether polygyny should be permitted or not, but rather whether safer-sex polygyny should be permitted.
In addition to espousing strict moral responsibility, which man by virtue of a sacred trust (amaana)94 undertook to bear, Islam places a premium value on self-preservation and safety of the physical body. The reason for this is that not only does the human body contain within it the divine spirit95 of God, it is also only on loan from God until death. Since sex is life giving, Muslim men and women whilst alive must take every precaution to safeguard their physical health and that of their offspring. HIV can also be transmitted in ways other than through sexual intercourse, and a marital partner may, furthermore, not even be aware that s/he is infected. Thus, trust alone cannot be a sufficient safeguard before engaging in marital sex. Local AIDS statistics show that, although the disease affects all parts of the population, it is women, rather than men, who are more likely to be infected. Islam, furthermore, gives men the added role of being the protectors of women,96 which has implicit in it the responsibility for advancing rather than endangering, the physical health of women. A novel rationale for introducing additional safeguards or risk reducing measures which have become necessary in fighting an incurable disease may be found in the balancing of moral responsibility with physical safety. These safeguards/measures include but are not limited to: premarital HIV testing; accessing available health care; utilising available medical treatment; open as opposed to secret polygynous marriages; HIV testing for all parties to a polygynous marriage; condom usage within polygynous marriages if a/ny potential risk of contracting HIV exists or is suspected; condom usage within marriage if extra-marital sex occurs regardless of status; precautions to prevent mother to child infections through pregnancy; and accessing HIV intervention programmes aimed at educating men and vulnerable women and children.
AIDS is both a moral issue and a medical problem. We have to find a balance between the need for practical action and a morally correct approach which promotes tolerance and does not infringe upon human rights. Tradition dictates to Muslims that ultimately the greater good must prevail over evil. Because AIDS does not discriminate between the sexes, its spread cannot be prevented without the full and active participation, and (sexual) empowerment, of both sexes. In order to live healthy, risk free and productive lives, we must not only educate ourselves about the disease, but also be open to seeking creative and novel solutions within the parameters of Islam law.
6 Conclusion
South African Muslims are fortunate to live in a constitutional democracy which upholds the right to freedom of religion and its practice. However, our young democracy has the most severe HIV/AIDS epidemic in the world, and from which Muslims are not immune. In exercising certain sexual choices, Muslims, directly and indirectly, become victims of HIV/AIDS. This modern epidemic, although it has no cure, can certainly be prevented by being proactive and making choices that will lead to prolonging life.
As Muslims we must not let our morality become more uncomfortable and unacceptable than the disease itself. Furthermore, preventing the spread of HIV/AIDS presents a unique opportunity for local Muslims and their religious leaders to adopt novel approaches in finding solutions that are within our reach instead of beyond our grasp.
This article has demonstrated that whilst polygyny may be a contributing factor, it does not cause AIDS to spread any more than monogamy guarantees a reduced spread. While Islam does pave the way for its demise, it is believed that rather than restricting or banning polygyny, which has the potential to create unnecessary resistance, safer sex and open polygynous marriages should be encouraged. Polygyny, in any event, is generally on the decline in South Africa where statistics indicate a limited practice thereof and little social need for its continued practice in the Muslim community. Polygyny should, therefore, be left to die a natural death of its own accord.
Islamic tenets governing sexual conduct and the practice of polygyny, if followed, certainly pave the way to prevent its spread. However, given the current reality in South Africa where local Muslims are, to all intents and purposes, fully integrated into the larger society and, therefore, equally susceptible to its temptations, these tenets must be supplemented with additional safeguards to both promote and sustain change in sexual behaviour. An educated and increased awareness of the epidemic in the community, coupled with intervention programmes, will encourage informed sexual choices, and enable parties to positively and responsibly influence each other's sexual choices and behaviour both before and during marriage, and regardless of its (polygynous or monogamous) nature.
Abrahams Perceptions
Abrahams S Perceptions of HIV/AIDS-Related Stigma among Muslims in a Cape Town Community (MPsych mini-thesis UWC Bellville 2006) [ Links ]
Ahmad Muslim law of divorce
Ahmad KN The Muslim law of divorce (Kitab Bhavan New Delhi 1984) [ Links ]
Ahmed Positive Muslims
Ahmed AK Positive Muslims: A critical analysis of Muslim Aids activism in relation to women living with HIV/Aids in Cape Town (MA thesis UWC Bellville 2003) [ Links ]
Albertyn et al "Women's freedom"
Albertyn C et al "Women's freedom and security of the person" in: Bonthuys E and Albertyn C (eds) Gender, Law and Justice (Juta Cape Town 2007) 295-381 [ Links ]
Ali The Holy Qur'an
Ali AY The Holy Qur'an (Text, Translation and Commentary) (Islamic Education Centre Jeddah 1946) [ Links ]
Anon 2002 Treasure Magazine
Anon "Interview with Fagmeeda Miller" 2002 (1) Treasure Magazine 24 [ Links ]
Asad Message
Asad M The Message of the Quran (Translation) (Dar al-Andalus London 1980) [ Links ]
Dhansay 2002 Treasure Magazine
Dhansay B "Muslim aids programme raises awareness" 2002 (1) Treasure Magazine 25 [ Links ]
Dlamini 1989 CILSA
Dlamini CRM "Should we legalise or abolish polygamy?" 1989 (22) Comparative and International Law of South Africa 330-345 [ Links ]
Eba "Pandora's box"
Eba PM "Pandora's box: The criminalisation of HIV transmission or exposure in SADC countries" in Viljoen F and Precious S (eds) Human rights under threat: four perspectives on HIV, AIDS and the law in Southern Africa (Pretoria University Law Press Pretoria 2007) 13-54 [ Links ]
Gray 2004 Social Science & Medicine
Gray PB "HIV and Islam: is HIV prevalence lower among Muslims?" 2004 (58) Social Science & Medicine 1751-1756 [ Links ]
Kaganas and Murray 1991 Acta Juridica
Kaganas F and Murray C "Law, women and the family: the question of polygyny in a new South Africa" 1991 Acta Juridica 116-134 [ Links ]
Kelly 2006 JJS
Kelly LM "Polygyny and HIV/AIDS: A health and human rights approach" 2006 (31) Journal for Juridical Science 1-38 [ Links ]
Mahomed 1993 SAJHR
Mahomed IA "Legal rights and Aids" 1993 (9) South African Journal of Human Rights vi-ix [ Links ]
Mbatha, Moosa and Bonthuys "Culture and religion"
Mbatha L, Moosa N and Bonthuys E "Culture and religion" in Bonthuys E and Albertyn C (eds) Gender, Law and Justice (Juta Cape Town 2007)158-194 [ Links ]
Moosa "Women"
Moosa N "Women, gender and child marriage: Sub-Saharan Africa" in The Encyclopedia of Women and Islamic Cultures Vol 3 (Brill Academic Publishers Leiden 2006) 19-21 [ Links ]
Moosa Analysis
Moosa N An Analysis of the Human Rights and Gender Consequences of the New South African Constitution and Bill of Rights with Regard to the Recognition and Implementation Of Muslim Personal Law (MPL) (LLD dissertation UWC Bellville 1996) [ Links ]
Moosa Comparative Study
Moosa N A Comparative Study of the South African and Islamic Law of Succession and Matrimonial Property with Especial Attention to the Implications for the Muslim Woman (LLM thesis UWC Bellville 1991) [ Links ]
Moosa Unveiling the mind
Moosa N Unveiling the mind. A herstory of the historical evolution of the legal position of women in Islam (Community Law Centre UWC Cape Town 2004) [ Links ]
Pearl and Menski Muslim Family Law
Pearl D and Menski W Muslim Family Law 3rd ed (Sweet & Maxwell London 1998) [ Links ]
Rautenbach, Goolam and Moosa "Constitutional analysis"
Rautenbach C, Goolam NMI and Moosa N "Constitutional analysis" in Bekker JC, Rautenbach C and Goolam NMI (eds) Introduction to Legal Pluralism in South Africa 2nd ed (LexisNexis Butterworths Durban 2006) 149-173 [ Links ]
Reniers and Tfaily 'Polygyny'
Reniers G and Tfaily R 'Polygyny and HIV in Malawi' Working Paper Institute of Behavioral Science (IBS) Population Program (University of Colorado Boulder 2008) 1-22 [ Links ]
Saabiq Fiqh as Sunnah
Saabiq S Fiqh as Sunnah. Kitaab al Zakaah Vol 1 (Dar al Kitab al 'Arabi Beirut Lebanon 1985) 332 [ Links ]
Steinberg Three-Letter Plague
Steinberg J Three-Letter Plague. A Young Man's Journey Through a Great Epidemic (Jonathan Ball Johannesburg 2008) [ Links ]
WLUML "Roundtable"
WLUML "Roundtable on Strategies to Address 'Crimes of Honour': Summary Report" CIMEL/Interights Women Living Under Muslim Laws Occasional Paper No 12 November 2001 London 3-33 [ Links ]
WLUML Knowing Our Rights
WLUML Knowing Our Rights: Women, Family, Laws and Customs in the Muslim World (WLUML London 2003) [ Links ]
Register of legislation
Childrens Act 38 of 2005
Constitution of the Republic of South Africa 1996
Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007
Interim Constitution of the Republic of South Africa Act 200 of 1993
Marriage Act 25 of 1961
Muslim Family Laws Ordinance 1961
Recognition of Customary Marriages Act 120 of 1998
Tunisian Law of Personal Status 1956
Register of court cases
Amod v Multilateral Motor Vehicle Accidents Fund (Commissioner for Gender Equality Intervening) 1999 (4) SA 1319 (SCA)
Amod v Multilateral Motor Vehicle Accidents Fund 1997 (12) BCLR 1716 (D)
Brown v Fritz Brown's Executors and Others (1860) 3 Searle 313
Daniels v Campbell NO 2003 (9) BCLR 969 (C); 2004 (7) BCLR 735 (CC); 2004 (5) SA 331 (CC)
Davids v The Master 1983 (1) SA 458 (C)
Hassam v Jacobs NO and Others (with the Muslim Youth Movement of South Africa and the Women's Legal Centre Trust as Amici Curiae) Case CCT 83/08 (2009) ZACC 19
Hassam v Jacobs NO and Others 2008 (4) SA 350 (C)
Ismail v Ismail 1983 (1) SA 1006 (A)
Kalla v The Master 1995 (1) SA 261 (T)
Khan v Khan 2005 (2) SA 272 (T)
Ryland v Edros 1997 (2) SA 690 (C)
Seedat's Executors v the Master (Natal) 1917 AD 302
Women's Legal Centre Trust v President of the Republic of South Africa and Others (with the United Ulama Council of South Africa and Others as Amici Curiae) Case CCT 13/09 (2009) ZACC 20
Register of internet resources
Ahmed and Noordien 2001 www.kit.nl/
Ahmed AK and Noordien F 2001 "Positive Muslims" leadership in South Africa www.kit.nl/exchange/html/2001-3-positive_muslim.asp [accessed on 12 June 2008] [ Links ]
AIDS Foundation [no date] www.aids.org.za/hiv.htm
AIDS Foundation South Africa [no date] Human Immunodeficiency Virus www.aids.org.za/hiv.htm [accessed on 10 June 2008] [ Links ]
AVERT 2009 www.avert.org/safricastats.htm
AVERT 2009 South Africa HIV and AIDS statistics www.avert.org/safricastats.htm [accessed 16 September 2009] [ Links ]
CC 2009 www.constitutionalcourt.org.za/site/Legal-Centre-Trust.htm
Constitutional Court 2009 Media summary www.constitutionalcourt.org.za/site/Legal-Centre-Trust.htm [accessed on 7 September 2009] [ Links ]
CC 2009 www.constitutionalcourt.org.za/site/Hassam.htm
Constitutional Court 2009 Media summary www.constitutionalcourt.org.za/site/Hassam.htm [accessed on 6 September 2009] [ Links ]
Lazaro 2001 www.pbs.org/
Lazaro F de Sam "Senegal's success" 2001 Online NewsHour 17 May 2001 www.pbs.org/newshour/bb/health/jan-june01/aids_ 5-17.html [accessed 7 September 2009] [ Links ]
Legalbrief Today 2009 www.legalbrief.co.za
Legalbrief Today 2009 Constitutional: Muslim marriage issue must be lodged in High Court www.legalbrief.co.za No 2362 23 July 2009 [accessed 7 September 2009] [ Links ]
Page-Shafer 2000 www.thebody.com/
Page-Shafer K 2000 The global HIV/AIDS epidemic www.thebody.com/content/world/art2618.html [accessed on 24 June 2008] [ Links ]
Positive Muslims [no date] www.positivemuslims.org.za/
Positive Muslims [no date] HIV/AIDS is not "out there". It is here Bokaap, Cravenby, Surrey Estate, Mitchells Plain, Lenasia and Laudium www.positivemuslims.org.za/ [accessed on 12 June 2008] [ Links ]
Positive Muslims [no date] www.positivemuslims.org.za/beinghiv.htm
Positive Muslims [no date] Being HIV+ www.positivemuslims.org.za/beinghiv.htm [accessed on 12 June 2008] [ Links ]
SALRC 2003 www.law.wits.ac.za/salc/salc.html
South African Law Reform Commission 2003 Report on Islamic Marriages and Related Matters Project 59 www.law.wits.ac.za/salc/salc.html [accessed 7 September 2009] [ Links ]
StatsSA 2001 www.statssa.gov.za/census01/HTML/RSAPrimary.pdf
StatsSA 2001 South African Population Census www.statssa.gov.za/census01/HTML/RSAPrimary.pdf [accessed on 6 September 2009] [ Links ]
UNAIDS 2008 data.unaids.org/
UNAIDS 2008 Global Report data.unaids.org/pub/GlobalReport/2008/jc15 10_2008_global_report_pp211_234_en.pdf [accessed 7 September 2009] [ Links ]
List of abbreviations
|Muslim Personal Law
|Women Living Under Muslim Laws
|Convention on the Elimination of All Forms of Discrimination Against Women
|South African Law Reform Commission
1 Mahomed 1993 SAJHR vi.
2 By way of elucidation, polygyny refers to a plurality of wives while polyandry refers to a plurality of husbands. Although polygamy is a gender neutral and generic expression covering both institutions, only polygyny is permissible by Muslim law, and hence the use of this term.
3 This does not preclude its practice in the West by, for example, amongst Mormons in the USA where polygyny is a crime.
4 Polygyny in South Africa was generally not illegal provided it was practised by Black Africans in the context of a customary marriage (which had partial legal recognition), with special courts giving effect to its consequences. However, civil courts were reluctant to recognise such marriages as legal marriages (Dlamini 1989 CILSA 330 and 342; Kaganas and Murray 1991 Acta Juridica 133). Customary law in South Africa is the personal law of the majority of Black Africans who constitute the vast majority (over 35 million) of the total population (nearly 45 million). See s 4 below. The Recognition of Customary Marriages Act 120 of 1998 gives full recognition to customary marriages. The Act also gives full legal effect to existing and future polygynous marriages.
5 HIV refers to Human Immunodeficiency Virus causative agent, invisible, no symptoms. The HIV virus that causes AIDS attacks the immune system in human beings, the body's defence against disease. Over time it damages the immune system so that it can no longer fight infections. Most people who are infected with HIV have a long period when they look and feel quite well. Many people do not even know that they are infected. AIDS refers to Acquired Immune Deficiency Syndrome visible, symptoms. AIDS is the most advanced stage of HIV infection. An adult person is said to have AIDS when his or her CD4 cell count is 200 cells or less per cubic millimetre (mm3) of blood or has a specifically defined clinical illness. This makes the immune system so weak that the patient develops serious illnesses. This usually happens some years after becoming infected with HIV. In this article the terms HIV and AIDS will be used interchangeably.
6 See Eba "Pandora's box" 19; Ahmed Positive Muslims i-ii and 8.
7 AIDS Foundation sa www.aids.org.za/hiv.htm. See also n 55 for statistics.
8 Steinberg Three-Letter Plague 2.
9 This S on polygyny is mainly extracted from a book written by the author (Moosa Unveiling the mind 40-45).
10 Henceforth the abbreviation MPL will be used. MPL derives from the primary sources of Islam, namely, the Qur'an (the holy book of Islam) and Sunna (traditions of Prophet Muhammad (Peace Be Upon Him)); hence the unwillingness to interfere with them. Sunna is received custom associated with Prophet Muhammad, embodied after his death in a body of texts compiled as books called Hadith. The salutation 'Peace Be Upon Him' will, for the sake of convenience, be implied but not repeated every time the Prophet's name is used in the text.
11 Q.2:221 and Q.5:5. In Qur'anic references the first figure is the number of the chapter or surah. The number following the separating colon indicates the verse or ayat. These references normally refer to the translation by Yusuf Ali (1946), unless otherwise indicated. See Ali The Holy Qur'an.
12 WLUML Knowing Our Rights 198.
13 See s 4 where the implications of divorce are further elaborated to indicate that such an option results in more hardship than relief.
16 Q.4:129 and Q.33:4.
17 ' Marry women of your choice/ Two, or three, or four/ But if ye fear that ye shall not be able to deal justly (with them)/ Then only one ' (Q.4:3). 'Ye are never able to be fair and just as between women/ Even if it is your ardent desire ' (Q.4:129). 'God has not made for any man two hearts in his (one) body ' (Q.33:4).
18 'It is not lawful for thee (to marry more) women after this, nor to change them for (other) wives ' (Q.33:52) (emphasis added). After this verse was revealed in 7 Anno Hegirae (AH) (or 628 AD), the Prophet did not marry again, except for having one concubine.
19 See s 6 of the Muslim Family Laws Ordinance of 1961.
20 See the Tunisian Law of Personal Status of 1956. By actually applying ijtihad (independent reasoning) it was possible for a country like Tunisia, for example, to outlaw and ban polygyny.
21 Ismail v Ismail 1983 (1) SA 1006 (A) at 1018A.
22 Ibid at 1021. See also Davids v The Master 1983 (1) SA 458 (C). This approach may be traced back to as early as 1860 when the court in Brown v Fritz Brown's Executors (1860) 3 Searle 313 at 318) described an Islamic marriage as 'recognized concubinage'. For a detailed analysis of pre- and post-1994 South African case law relating to Muslim marriages, see Rautenbach, Goolam and Moosa "Constitutional analysis" 157-162. See also n 35.
23 Moosa Analysis 352.
24 Kalla v The Master 1995 (1) SA 261 (T). "Given the effects on women of non-recognition, the judgement in [this case at 270 G-H] is particularly cynical in citing an additional ground for the invalidity of Muslim marriages, namely that they do not comply with the constitutional need for gender equality" (Mbatha, Moosa and Bonthuys "Culture and religion" 162). "In holding that ' reliance upon s 14 (1) in [Chapter 3] of the [interim] Constitution to validate retrospectively a marriage which was legally valid (namely a marriage by Muslim rites which was potentially polygamous) was misplaced' the court is continuing the legacy of the past" (Moosa (n 23) 392).
25 Ismail v Ismail 1983 (1) SA 1006 (A) at 1020. See also Seedat's Executors v the Master (Natal) 1917 AD 302 at 308 and Moosa Comparative Study 31-32.
26 Act 200 of 1993 (Interim Constitution).
28 S 15 (3)(a)(i) and (ii).
30 S 15 (3)(b).
31 Art 16 (GA Res 34/180; 1979).
32 See Rautenbach, Goolam and Moosa (n 22) 171-172 and Mbatha, Moosa and Bonthuys (n 24) 164-167 for a critical analysis of the implications of international law on religious family laws in South Africa.
33 With the exception of Khan v Khan 2005 (2) SA 272 (T) where the court extended recognition to polygynous marriages, but which judgement has yet to be confirmed by a higher court (Mbatha, Moosa and Bonthuys (n 24) 162 and 172).
34 Mbatha, Moosa and Bonthuys (n 24) 162. See, eg, Ryland v Edros 1997 (2) SA 690 (C); Amod v Multilateral Motor Vehicle Accidents Fund 1997 (12) BCLR 1716 (D); Amod v Multilateral Motor Vehicle Accidents Fund (Commissioner for Gender Equality Intervening) 1999 (4) SA 1319 (SCA); Daniels v Campbell 2003 (9) BCLR 969 (C); 2004 (7) BCLR 735 (CC); 2004 (5) SA 331 (CC). For a detailed analysis of some of these cases since 1994 see also Mbatha, Moosa and Bonthuys (n 24) 171-172. See also n 22. That the courts are continuing to give effect to some obligations arising from Muslim marriages is evident from Hassam v Jacobs 2008 (4) SA 350 (C) and Hassam v Jacobs (with the Muslim Youth Movement of South Africa and the Women's Legal Centre Trust as Amici Curiae) Case CCT 83/08 (2009) ZACC 19. On 15 July 2009, the Constitutional Court decided that women who are party to a polygynous Muslim marriage are deemed spouses for the purpose of inheriting or claiming from estates where the deceased died intestate. The judgment arises from an application for confirmation of a declaration of constitutional invalidity made by the Western Cape High Court in 2008. See CC 2009 www.constitutionalcourt.org.za/site/Hassam.htm for the full media summary and judgment.
35 The South African Law Reform Commission Report on Islamic Marriages and Related Matters, Project 59 (July 2003), containing the background to the investigation by the SALRC, the names of members (which include the author) of the Project 59 Committee, the Discussion Paper 101 (published in December 2001) and Issue Paper 15 (published in May 2000), the extensive comments received from interested parties, and the final proposed Draft Bill on Muslim Marriages (appended as Annexure A in the Report), are available for public scrutiny at www.law.wits.ac.za/salc/salc.html. Ulama (religious leaders) were represented, and actively participated, in this process. See N 37.
36 SALRC 2003 www.law.wits.ac.za/salc/salc.html.
37 See s 4.
38 Cl 8.
39 Cl 8(6).
40 Cl 8(7)(a).
41 Cl 8(7)(b) and (c).
42 Cl 8(8).
43 Cl 8(11).
44 See n 19.
5 See Cl 1 (x)(h) of the proposed Draft Bill relating to grounds for divorce.
46 Pearl and Menski Muslim Family Law 178. See also n 71 and 72.
47 Cl 3.
48 See n 17.
49 In the SALRC's 2004/2005 Annual Report it recommended that the Islamic Marriages Bill be introduced when 'circumstances permit'. After having come this far, the Muslim community appears to be split on whether or not they should recognise the Bill. On 22 July 2009, the Constitutional Court, in Women's Legal Centre Trust v President of the RSA (with the United Ulama Council of SA as Amici Curiae) Case CCT 13/09 (2009) ZACC 20, unanimously dismissed an application for direct access to it brought by a women's rights group seeking an order to oblige the President, the Ministers for Justice and Constitutional Development and for Home Affairs, and the principal office-bearers of Parliament to enact legislation regulating Muslim marriages. The Court ruled that the application must procedurally first be lodged in the High Court. The judgment accordingly does not consider whether Parliament may be under an obligation to enact legislation recognising Muslim marriages nor whether such legislation would be consistent with the provisions of the Bill of Rights. See CC 2009 www.constitutionalcourt.org.za/site/Legal-Centre-Trust.htm for the full media summary and judgment. The women's rights group has indicated that it now intends to proceed with its main application (in relation to the recognition of Muslim marriages) in the High Court (Legalbrief Today 2009 www.legalbrief.co.za).
50 See Primary Tables 5.3 (Religion by population group and gender (numbers)) and 5.4 (Religion by population group and gender (percentages)), and Table C (South African population) at StatsSA 2001 www.statssa.gov.za/census01/HTML/RSAPrimary.pdf. Estimated Muslim population breakdown in numbers is as follows: 74 701 Black African; 296 021 Coloured; 274 932 Indian or Asian; and 8 410 White. Muslim women number 324 613 and men 329 452.
51 See Primary Tables 6.3 (Marital status amongst those aged 15 years and older by population group and gender (numbers)) and 6.4 (Marital status amongst those aged 15 years and older by population group and gender (percentages)) at StatsSA 2001 www.statssa.gov.za/census01/HTML/RSAPrimary.pdf. Estimated number of polygynous marriages by population breakdown is as follows: 26 651 Black African; 1 144 Coloured; 484 Indian or Asian; and 1 188 White. See text at n 23.
52 See n 53 and s 2.
53 AIDS Foundation [no date] www.aids.org.za/hiv.htm. Although national estimates based on various surveys produce similar figures, the fact that South Africa is such a large and diverse country makes it virtually impossible to know what the real figures are (AVERT 2009 www.avert.org/safricastats.htm). Many people with AIDS remain undiagnosed, either because of fear of stigmatisation or simply because they are in denial that they are at risk. See also text at n 9 and 10. The latest estimates in UNAIDS 2008 data.unaids.org/ indicate that South Africa has the highest AIDS incidence in the world, with an estimated 5.7 million people living with HIV in 2007 (page 214), and an estimated 350 000 AIDS related deaths in 2007 (page 217).
54 Although Islam condemns homosexual behaviour (Q.27:54-55; Q.29:28-35), some local Muslims do engage in lesbian and homosexual practices.
55 In terms of the 2001 Population Census (Figure 5) the distribution of the population of South Africa by population group is as follows: Black African (79%); White (9,6%); Indian/Asian (2,5%); and Coloured (8,9%). Thus, while this perception is not surprising since Black Africans constitute more than three-quarters of the total population, it is, however, true that socio-economic inequalities and political factors have played a big role in poorer Black communities being more vulnerable to HIV infection than other groups (Ahmed (n 6) ii). See n 53.
56 Ahmed and Noordien 2001 www.kit.nl/
57 HIV infection is commonly passed on in one of four ways: an infected person has unprotected sex with an uninfected person (HIV is present in sexual (semen and/or vaginal) fluids); from mother to child via pregnancy, birth and breastfeeding; infected blood products (transfusion); or infected drug users' needles. Other routes of HIV transmission include, but are not limited to: donations of semen (artificial insemination); and skin grafts and organ transplants taken from someone who is infected.
58 Ahmed and Noordien 2001 www.kit.nl/
59 Positive Muslims sa www.positivemuslims.org.za/; Ahmed (n 6) 98. 'Positive Muslims' is an organisation formed in the Western Cape in June 2000 to raise awareness, conduct research, and provide support to South African Muslims infected with HIV (Ahmed and Noordien 2001 www.kit.nl/; Ahmed (n 6) 98).
60 Ahmed (n 6) 216-220; Kelly 2006 JJS 1-38. See s 1 above where this approach is elaborated.
61 In a very recent study on polygyny and HIV in Malawi it was found that, other than just the number of formal unions, factors like spousal infidelity (adultery) on the part of both polygynously married men and women and, very interestingly, the selection of women "who are at higher risk of infection (i.e. those who are at higher marriage orders [for example, in a second or third marriage] and those who are widowed compared to divorced)" to join polygynous unions, produces higher HIV prevalence in such unions (Reniers and Tfaily 'Polygyny' 12-13). What was furthermore an interesting feature of the study site, was that the highest prevalence rates were found in a district where polygyny was least common, and vice-versa (where polygyny was most prevalent but HIV infection rates was the lowest) (ibid 6 and 13).
62 Page-Shafer 2000 www.thebody.com/. These sources date back to 2000 and 2001, respectively, and, cognisant that knowledge about HIV has vastly increased since then, this position could have changed. In children the virus crosses the placenta to reach the foetus, so that the mother is the likely source of infection.
63 A 1996 masters dissertation on the topic reveals that high levels of HIV/AIDS related stigma were found among Muslims in a Cape Town community "fuelled partly by the belief that HIV/AIDS was not a serious problem among Muslims Stigma also served as a social barrier to disclosure of HIV status" (Abrahams Perceptions ii).
64 In South Africa the social stigma attached to HIV, exacerbated by denial and silence, was so huge that, as late as 1998 (barely two years after Ms Miller had gone public about her condition), a Black AIDS activist was murdered because she disclosed her status on public radio.
65 Positive Muslims [no date] www.positivemuslims.org.za/beinghiv.htm.
66 Anon 2002 Treasure Magazine 24. Ahmed (n 6) 150, 189-190.
67 Conjugal rights are inherent in, and presumed to arise out, of marriage (WLUML (n 12) 155). Regarding 'sexual access, social practice often demands that the wife make herself available to the husband upon his request' (WLUML (n 12) 156). See n 49.
68 "Muslim law does not accept the possibility of self-imposed chastity and abstinence" (Pearl and Menski (n 42) 178). Nonetheless, 58% of ulama in the Western Cape who responded to the following question in a survey, "Do you think that the first wife (in a polygynous marriage) has the right to deny conjugal rights to her husband until he produces the results of an Aids test after he marries a second wife? indicated that the wife does have a right to deny conjugal rights in this situation" (Ahmed (n 6) 218). Cognisant that little over 50% of the respondents were prepared to adopt an alternative approach to Islamic law to deal with health risks implicit in a modern epidemic, this is nonetheless a step forward and should be welcomed. See also footnote 50 and discussion regarding HIV testing which follows in this section.
69 Ahmad Muslim law of divorce 82.
70 " [P]resumed to have been reached by ages 12 for boys and 9 for girls and definitely reached at the completion of the fifteenth year" (Moosa "Women" 20). Islam gives physical maturity precedence over mental preparedness. See also text to n 86.
71 Q.17:32; Q.23:5-7; Q.24:2-3 and Q.70:29-31. There is authoritative Qur'anic commentary to the effect that the Qur'an only sanctions sex within marriage (Asad Message 106 n 26).
72 Dhansay 2002 Treasure Magazine 25. See also Ahmed (n 6) 25-28.
73 Ahmed (n 6) 28.
74 To highlight the extent and seriousness of this topic, the subject of 'honour crimes' or 'crimes of family honour' was the topic of a Project on Strategies of Response to "Crimes of Honour" held in London from 12-13 November 1999. 'Honour crimes' occur in Jordan, Pakistan, Palestine/Israel, Turkey and the United Kingdom (WLUML "Roundtable" 3-33).
75 Act 38 of 2005.
78 The disease is divided into four stages: from the window period, where a blood test can prove 'HIV-negative' despite actual infection to testing HIV-positive despite being healthy with no symptoms to symptoms only surfacing years later to full blown aids. See n 85.
79 While HIV/AIDS is not explicitly referred to in our Bill of Rights, in terms of s 36(2) "no law may limit any rights entrenched in the Bill of Rights", and in terms of s 14 all persons with HIV have a right to privacy, including privacy concerning their HIV or AIDS status.
80 Albertyn et al "Women's freedom" 379-380.
81 Act 32 of 2007. See Ch 5 of the Act.
82 A local medical expert in the area of HIV testing explained that while older (indirect) HIV testing kits are based on detecting a patient's antibodies to the HIV virus, and that the production thereof may take two to four months (window period), new (direct) HIV testing kits are based on detecting viral antigens which are able to be detected approximately within two weeks after becoming infected. This has reduced the window period significantly. See also Eba (n 6) 22, and n 81.
83 See also n 73 for the Islamic age of puberty.
84 Act 25 of 1961. In terms of s 24 (1) "[n]o marriage officer shall solemnize a marriage between parties of whom one or both are minors unless the consent to the party or parties which is legally required for the purpose of contracting the marriage has been granted and furnished to him in writing". In terms of s 26 (1) '[n]o boy under the age of 18 years and no girl under the age of 15 years shall be capable of contracting a valid marriage except with the written permission of the Minister [of Home Affairs] or any officer in the public service authorized thereto by him ".
85 "O ye who believe!/ Ye are forbidden to inherit /Women against their will " (Q.4:19). In his Qur'anic commentary on this verse Yusuf Ali writes: "Among many nations, including Arabs in the Days of Ignorance, a step-son or brother took possession of a dead man's widow along with his goods and chattels. This shameful custom is forbidden" (Ali The Holy Qur'an 184 n 527). See also Q.4:22.
86 This occurs when a man dies and his widow is inherited by any of his brothers, or sons from another woman.
87 See Lazaro 2001 www.pbs.org/ 1. Fortunately Senegal has an effective AIDS prevention programme which has helped it stave off an AIDS epidemic (ibid).
88 Abrahams (n 64) ii (emphasis added.
89 Ibn Majah as cited in Saabiq:1985.
90 Gray 2004 Social Science & Medicine 1751.
91 Ibid (emphasis added).
92 Ibid 1751-1752.
94 Q.8:27 and Q.33:72.
96 Q.4:34. This verse is deemed to be highly controversial in that it has been interpreted to promote gender inequality.


text:
Let´s go on a journey ....
Again, we will be putting ourselves in the customer´s shoes and how marketing communication looks from their point of view
Step 1: Who is the customer? (Chose 1 option)
OPTION #1.A CUSTOMER OF YOUR´S In case you are working for a company (and even have personas to choose from) - you might wanna go with a specific customer you are marketing to
OPTION #2. YOU - in case you don´t have a customer you can refer to, just take yourself and look at a purchase you made (that wasn't an impulse purchase)
Sidenote: For those of you who have a B2B customer, make sure to differentiate between the buyer and the user resp. just pick one. Though make sure to write down the interdependences - between the different parties involved - that might come up along the way.
Step 2 : Choose a customer journey map
You can take ours (see next subchapter) or a different map (that you found in the additional materials section of chapter 4.2, like in this article that lists different customer journey maps) - if it seems more appropriate to your situation or business. Yet, remember that any map is just a starting point and you will probably ned to adapt it to your needs.
No matter which map you choose you first wanna look at the different stages of the buying process (in the horizontal axis), second you wanna look at the vertical axis (in our case: The critical elements).
Step 3: Since we can´t upload a paper, you might wanna solve the "matrix issue" like this (we take our map as an example):
Awareness phase
A) Feelings, thoughts and actions:
B) Triggers & Influencers:
C) Touchpoints (offline & online):
D) Customer experience:
E) Opportunities:
Research phase
A) Feelings, thoughts and actions:
B) Triggers & Influencers:
Repeat purchases
Refers new customers
PS: You might encounter the "problem", that you can´t always fill in all the "boxes" of the matrix/ map or you are unsure about the stage of the customer. And probably other issues that are unique to your situation.
That´s ok, because we are creating a theoretical model (our best educated guess) that can evolve over time. But it might also indicate that you missed to identify a critical step in the journey or critical elements that are vital to your business/ situation but are not part of your map yet.
And keep in mind WHY we are doing this: It´s to get familiar with the practice itself, which in the end is thinking from the customer´s perspective. Which is, of course, easier when you are the customer yourself
(By the way: You might be surprised by the analysis of your own behavior since we usually don´t think abut it.)
Let´s go on a journey ....
We have recently done an internal study to really identify our customers. This groups many characteristics like motivation, level of education, etc where we need to position our brand and products.
Critical that we understand this properly to have a more accurate strategy and efficient one.

subset: commoncrawl


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Earlier this year, unknown hackers penetrated the Irrawaddy's central computer system and planted false news on its website's front page claiming that a popular Burmese film star had died. The bogus report sparked a protest from the still living actress and an outcry among readers about the inaccuracy before editorial staff could delete the posting and issue an explanation.
Aung Zaw told CPJ he fears the damage from the attack may have been wider reaching, potentially jeopardizing the identity of secret in-country sources and contributors. He says the hackers first breached the Irrawaddy's central computer system using password-cracking software two weeks prior to planting the false story.
"Tons of confidential information was exposed when our site was hacked," said Aung Zaw during a recent interview with CPJ. "We assume they were reading our day-to-day messages."
After the attack, Aung Zaw said the Irrawaddy hired Internet security experts in Europe to audit the extent of the security breach. The experts were able to track one of the IP addresses of an apparent team of hackers to London. They used proxy servers in China in a circuitous bid to conceal their location.
The audit also showed that the IP address for the hacker who planted the false story had, two weeks earlier, amended for accuracy several sections on the Burmese military's Wikipedia page. Aung Zaw said the amendments demonstrated in-depth knowledge of the military's structure and symbols, including the number of stripes and other insignia on obscure military decorations.
Burma's military-backed regime has never publicly taken responsibility for the various DDoS attacks that have anonymously debilitated Burmese exile media in recent years. Nor has anyone acknowledged orchestrating the recent cyber-attack against the Irrawaddy--though Aung Zaw notes that many former soldiers and other regime allies are known to reside in the United Kingdom, Burma's former colonial ruler.
The Irrawaddy has since upgraded its computer system's security and, with help from outside experts, is actively guarding against a similar future attack. Nonetheless, hackers have attempted in recent weeks to breach an Irrawaddy database and, in another instance, posed as one of Aung Zaw's China-based contacts while messaging on Facebook.
"Whoever they are, they're getting more clever and more dangerous," said Aung Zaw.
(Reporting from Chiang Mai, Thailand)


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This position has varied duties to perform which include the following:
Processing books:
• Affixing date due slips and barcode labels, inserting tattletape, property stamping, typing spine labels, and ironing labels on books.
• Out-processing books for both libraries using the OPAC to change the status, add barcode number to item records
• Typing on a computer to make various corrections or additions for the online catalog.
• Using a typewriter for various duties.
Duties as assigned
Applicants must be able to perform the above accurately, at a steady rate, diligently, and once trained be able to work independently. Some prior knowledge of library work would be helpful but not necessary.
Skill required 9
Level of effort 9
Responsibility 9
Stress/Working Conditions 3


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The concept behind this product is that each pedalstroke on your ride helps to provide energy that charges your smartphone. Pretty rad, huh? This is a TRUE bicycle phone charger! Just to state this upfront: I've not had an opportunity to try this product yet, so I'm anxious to hear from those of you that have. Ok, so it's not terribly cheap, and the equipment you have to attach to your bike doesn't look like it's going to be light. If you're a weight freak about your bike, this isn't going to be the solution for you, that's for sure! However, if you're embarking on a long, multi-day charity ride like I am, weight may not be the first thing you're concerned about – especially knowing that there will be …Read More »
Home » Cycling Accessories


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Our Investment in Happiness is our product guarantee. Put simply... if for any reason you aren't completely satisfied with your purchase, send it back... no questions asked.
Questions about shipping? Check out our shipping guidelines.
Can't decide which style or size is right for you? Check out our fitguide for sizing & product details.
We're here to help. Chat with us on live web chat live Monday-Friday, anytime between 9am-5pm PT or via our contact page.


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Joni Meyer-Crothers from TLC's Extreme Couponing has put together a 11-hour,13-person plot to go ballistic on J.C. Penney's, Target, Costco, and a bunch of other stores tonight. She'll start at midnight and wind things up at around 11 am tomorrow, and you know what? The stuff isn't going directly into her basement stockpile. She'll wrap everything up and donate it to needy families.
In the video below, Joni explains why couponing is so important to her — and why she feels she must give back. "I'm an overachiever," she says. And: "Our family is about passing the blessing on."


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October 27, 2008
LOS ANGELES -- The economic outlook for California and Orange County has become more pessimistic over the last few weeks according to the latest UCLA Anderson Forecast for Orange County. The Forecast was presented today in Irvine, California, before hundreds of leaders in the business community.
In its annual economic forecast for Orange County, the Forecast projects the U.S. and state economies will move in tandem over the next few years, with income and employment deteriorating further before the housing market hits bottom.
"Our forecast for slow growth in the 4th quarter was dependent upon consumer demand holding up. The consumer is now uncertain about the effect of current economic policy and is pulling back. Consequently, economic growth projected for the current quarter in California is not going to occur," said Jerry Nickelsburg, senior economist, UCLA Anderson Forecast, who authored the California Report. "Moreover, the shrinkage in the mortgage finance market in Orange County creates a deep hole in Orange County employment, and history tells us it will be a five to six year process to fill it in with new jobs."
"The real estate sector begins its recovery next year as home sales pick up beginning in the second quarter of 2009 and home prices stabilize in the summer," the Forecast says. In non-residential real estate, office markets will remain weak and higher vacancy rates will persist. There is no change predicted in industrial space market conditions. With the continued decline in the number of jobs in Orange County, investment in non-residential structures will remain at low levels in 2009. New residential investment, particularly in multi-family housing will rise moderately in 2009.
Since labor markets are continuing to weaken, the adjustment process will continue over the next six months, but employment will begin to make a modest comeback in late 2009, with finance, retail and housing labor markets having suffered the most. The Forecast predicts that non-farm job growth rises to 1.1% percent in 2010 and 1.5 percent in 2011. Higher paying jobs in the professional services, information, government and healthcare sectors contribute to positive growth in average salaries. Also remaining stable and perhaps strengthening on the employment side is the leisure and hospitality sector, education, professional services, natural resources, and local government.
The UCLA Anderson Forecast for Orange County also states that population growth remains positive, averaging 0.7 to 1.0 percent per year over the next 3 years. A small increase in birthing due to the rise in fertility population and net-migration turns positive in 2010 as labor markets create more jobs.
"Inflation in Southern California declines in 2009 and 2010. The absence of housing price appreciation, a slowdown in rental rate appreciation, weaker U.S. economic growth, and declining energy prices will relieve pressure on the general price level, both regionally and nationwide," states the Forecast report.
About UCLA Anderson Forecast
UCLA Anderson Forecast is one of the most widely watched and often-cited economic outlooks for California and the nation and was unique in predicting both the seriousness of the early-1990s downturn in California and the strength of the state's rebound since 1993. More recently, the Forecast was credited as the first major U.S. economic forecasting group to declare the recession of 2001. Visit UCLA Anderson Forecast on the Web at http://uclaforecast.com.
About UCLA Anderson School of Management
UCLA Anderson School of Management, established in 1935, is regarded among the very best business schools in the world. UCLA Anderson faculty are ranked #1 in "intellectual capital" by BusinessWeek and are renowned for their teaching excellence and research in advancing management thinking. Each year, UCLA Anderson provides management education to more than 1,600 students enrolled in MBA, Executive MBA, Fully-Employed MBA and doctoral programs, and to more than 2,000 professional managers through executive education programs. Combining highly selective admissions, varied and innovative learning programs, and a world-wide network of 35,000 alumni, UCLA Anderson develops and prepares global leaders.


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The Geopath brand is a powerful symbol of innovation and change. We are more than a billboard ratings bureau. We are an agile, integrated, passionate, forward-looking organization. We are the OOH industry standard that is powering a smarter OOH marketplace through state-of-the-art audience location measurement, insights and market research innovation.
Click above to take a closer look at the next step in audience location measurement.
The Geopath Insights Suite is powered by:


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VCU Defeats Monarchs, 74-53
By ODU Athletics
RICHMOND, Va. -- Five Virginia Commonwealth players finished in double-figure points and the Rams exploded for 43 second-half points to earn a 74-53 victory over Colonial Athletic Association rival Old Dominion in men's basketball Saturday afternoon at the ALLTEL Pavilion at the Stuart C. Siegel Center. ODU drops to 12-15 overall and 7-8 in the CAA.
Old Dominion played without the CAA's leading rebounder, Clifton Jones (Pleasantville, NJ.) who has a deep left thigh bruise suffered in the George Mason game earlier in the week.
Rasheed Wright (Greensboro, NC.) led the Monarchs with 18 points, hitting on 13-of-13 free throws. Ricardo Marsh (Mebane, NC.) added ten points and led with five rebounds.
VCU led by five points, 31-26, at halftime but outscored the Monarchs 16-8 in the opening minutes of the second half to take a commaning 47-34 lead with 13:38 left to play. The Rams held ODU to just 23.1% (6-26) shooting after intermission and the Monarchs never could get to the lead to within single digits after VCU's early-second period run.
Freshmen Domonic Jones (Chesterfield, Va./Manchester) and Johnnie Story (Hampton, Va./Hampton) led a balanced Rams' offensive attack with 12 points each, while senior Bo Jones (Richmond, Va./Huguenot) scored all of his 10 points in the second half to help VCU pull away. The Rams also received 10 points each from senior L.F. Likcholitov (St. Petersburg, Russia/St. Petersburg St. Tech. Univ.) and sophomore Willie Taylor (Smryna, Tenn./LaVergne), and the inside duo combined for 17 rebounds as the Rams owned a 40-31 overall advantage on the boards.
With the win VCU improved to 16-12 overall and 9-6 in CAA play and assured itself of its first winning season since the 1996-97 campaign. The Rams also won for the 11th straight time in the ALLTEL Pavilion and upped its record to 12-1 on their home floor this season.
The Monarchs host UNC Wilmington Monday night in the final regular season home game at 7:35 p.m. in the fieldhouse. The four Monarchs seniors, Andre McCullum (Whiteville, NC.), Heath Burris (Va. Beach, Va.), Clifton Jones (Pleasantville, NJ.) and Michael Williams (Thomasville, Ga.) will be honored before the game.


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Rough sketches like this are one of the first steps in creating animated movies like Pixar's Toy Story 3. Wired took a look at how 49,516 such rough, vague sketches were used to create detailed scenes like this:
From color scripts being created to props and details being added—the process of making an animated movie like Toy story 3 seems magical. Wired's story is definitely worth a read, even if only to reminisce over sweet memories of watching Buzz Lightyear flying to infinity and beyond. [Wired]


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Home » Laos » Hotel
Travel information Hotel Laos
A hotel rents rooms where you can stay a night or more. If you only rent a room, you pay the logistics rate. Would you like breakfast, it is logistically and breakfast. If you want dinner, the half board rate. If you also want to have lunch included is the full-board rate. If you want all included in the price choose all-inclusive. It also made the drinks included. This formula is often offered in tourist areas. The price of a room depends on the service that you purchase (eg eating and drinking), the location and period of stay at the hotel.
By choosing a subject you can restrict the list of sites easily.
- International hotel site
- Accommodation search
- All hotels / category
- Asia planet.com
- Asia travel mall
- Hotel Overview
- Bookings online
- Hotel search by country/city
- Hotelguide.com
- International hotel search
- Octopus travel hotels
- Planete Asie hotels
- Hotel experience
- International hotel chain
- Accor hotels
- Travel agency
- Opodo travel
- International ticket office
- Hotels and travel on the net


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Your browser does not support iframes.
30 Years Ago (Oct. 8, 1981)
Vincent Oakley cut the ribbon to officially open Shelba's Country Inn in Milton.
In special session Friday, the Trimble county Fiscal Court accepted the bid of Kief-Con, Madison, Ind., to install fuel tanks at the county maintenance barn.
Southern Health Services in Atlanta, Ga. are soliciting the people of Trimble County to help approve certificate of need for 120-bed hospital in Oldham County.
When Mary Ann came into my office that first time, she had a tired, harried look on her face and seemed nervous. She related that she had no time for herself between the duties of her part time job as a nurse, the responsibilities to her ailing mother and the duties of being a wife and mother of two pre-teen daughters. With the holidays approaching, she felt added stress and found it hard to calm down and get a good night's sleep.
When I was a kid we used to listen to a record album of silly songs.
One song went: "Glory, glory, hallelujah. Teacher hit me with a ruler. She bopped me on the bean with a rotten tangerine…."
I can't remember the rest. But even all these years later, whenever I hear the word "glory" that stupid song pops into my head. (And now it will pop into yours.)
30 Years Ago (Oct. 1, 1981)
W.R. Abbott received a 25-year silver plated postmaster's service pin Monday morning. Next spring Mr. Abbott will receive his 35-year gold pin, which will be representative of the total credible years of service as carrier-postmaster, etc.
County sanction is sought for a $10 million hospital near LaGrange to serve Oldham, Henry and Trimble counties.
LG&E have moved in their sign and have a huge crane to lift it into position, giving it a prominent fixture of attraction to the plant.
Forty-one years ago, Steve Starnes played football alongside Al Cowlings and O.J. Simpson as the Buffalo Bills fifth-round draft pick out of the University of Tampa.
He also played for the Green Bay Packers and the (former) Boston Patriots.
He was big and burly. Then he injured his neck and his professional football career, the dream of many little boys and grown men, was cut short. Five years ago a stroke nearly took his life.
30 Years Ago (Sept. 24, 1981)
Trimble County Marching Band continued their winning streak in Alexandria Ky. on Saturday by placing second out of eight bands. They recently received a superb first place trophy at Harrison County. They will continue their contest at Adair Co. on October 10 and at Moore on October 24.
Betty had what is called "a just grievance" when she came to me. She had been treated with disrespect and broken promises in a relationship. I asked her how much time each day she spent thinking about the injustice and venting about the way she had been treated. Betty had worked herself up into a frenzy and her stress level had risen considerably. I asked Betty if she was constructively taking responsibility for what she could do to become more at peace with the situation by what she was saying and thinking, or was she dwelling on the betrayal.
A few months ago, I got a letter from someone I'll call "Emily."
She wrote to ask for my encouragement, which is always humbling and I take these requests seriously.
Emily said she and her husband are both Christians, but right now neither is close to God. She said her husband is depressed and that makes her anxious and afraid, unsure of when and if it will end, and what will happen because of it.
30 Years Ago (Sept. 17, 1981)
Dr. Rod MacGregor is in his new doctor's office and is taking patients. His staff consists of Melinda Bray and Kathy Drake.
Trimble County Saddle Club won first place of all horse clubs entered in the Carroll Co. Tobacco Festival parade. The club had 25 riders.
Milton elementary and Trimble County Middle School are holding organization meetings for cub and boy scouts clubs.
In the continuing saga of my ongoing battle over household décor with my husband, this time it's the back sliding glass door.
But before I get to that, let me back up to say that in the first 30 or so years of our marriage my husband rarely expressed an opinion about how to decorate the house except for one hard and fast rule: I could choose any color to paint the walls as long as it was antique or Navaho white.
Other than that I had free reign — and I love to reign.
30 Years Ago (Sept. 10, 1981)
W.R. Abbott, Bedford postmaster, presented Coleman Sibley and Glenn Allen Fisher pins representing at least 25 years of service for the Federal government not only as postal service but military service and other federal civilian service.
School started September 1, and students returned to all new facilities this year. Trimble County took advantage of federal funds and passed a tax levy to become one of the few places in the nation to build a new school plant.
Last week while on my stay-at-home vacation, I went fishing.
For billions of people around the world, that news would be a big fat no big deal because it's done all the time so ho hum, tell me something I don't know.
However, for me going fishing was a big fat very big deal because it was my first time ever.
At 56, I had never fished before, and for months now I have been wanting to, almost to the point of it being an obsession. I don't know why I've been wanting to fish so badly, only that I have.
30 Years Ago (Sept. 3, 1981)
TCHS's 58-piece band was ranked No. 1 in Class A Marching band competition in Cynthiana. Michelle Craig was judged No. 1 Field Commander at the Saturday Band Festival in Class A high schools and she ranked highly among the 21 bands participating in the festival.
By Tom Eblen
Lexington Herald-Leader columnist
Descendants of Gen. John Hunt Morgan's men and other Civil War buffs will gather Saturday outside the Lexington History Museum to mark the 100th anniversary of Morgan's heroic statue being placed there.
(Editor's note: Nancy Kennedy is on vacation this week. This column, one of her favorites, ran in 2005.)
On May 30, 1978, the blood of Jesus cleansed me from all my sin.
Actually, that happened 2,000 years before that, but I didn't know it until that day.
As my Jesus-anniversary present this year, I bought myself a CD of old hymns set to new music. It's called "For All the Saints," the third Indelible Grace project. (See www.igracemusic.com)
30 Years Ago (Aug. 27, 1981)
Bobby True has expanded his law office on Main Street in Bedford next to the Trimble County Public Library and announced that Perry R. Arnold has joined his firm and will be practicing at the new offices. Elizabeth Wentworth, who has been secretary to Mr. True for the past four years will be moving into the new offices and will act as secretary for both True and Arnold.
A historic event is taking shape along the Potomac River just outside of Washington, D.C. A magnificent state-of-the-art facility will be built to honor America's soldiers, preserve the history of America's oldest military branch, and educate all Americans about the Army's role in our nation's development.
The Museum, scheduled to open in 2015, will be the U.S. Army's national landmark.
Every so often my husband gets a certain look in his eye and then says, "Before you say no, hear me out."
What comes next almost always involves a stepladder, can of spackle, his drill and a huge mess.
I remember the time he tore the spare bedroom apart and temporarily stored a bed in the front bathroom. For days I muttered, "There's a bed in my bathroom!"
30 Years Ago (Aug. 20, 1981)
Lions Club annual fish fry and picnic was a success.
A group of South African burley growers were in Trimble County this week. They met with Conservation officers and local farmers as they toured the county studying new ways to grow their burley.
30 Years Ago (Aug. 6, 1981)
Seven Counties Services, Inc. authorities came to the July meeting of Trimble County Fiscal Court to propose that the court consider passing an ordinance that would allow the electorate to vote a tax rate sufficient to help provide a full range of mental health and other services to the people of Trimble County. Dave Marye, therapist on mental health in the Bedford office said he held a total of 2,279 sessions from Sept. 1978 to March 31, 1981 for 164 residents dealing with emotionally disturbed children to drug and alcohol abusers.
Copyright © 2019
The Trimble Banner is your source for local news, sports, events, and information in Trimble County, KY and the surrounding area.


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End of the first partial week of school! I think I am going to make it! Liam starts kindergarten tomorrow. So bittersweet. I can't believe he is old enough to begin school.
I'm beat, so this will be short and sweet. Here it is...lol! Thanks for stopping by and don't forget to check out the Unity blog to see other creations AND help a family in need. Unity is donating 12% of their proceeds from all sales this weekend to dear friends of theirs as one of their family members has been stricken with cancer. Thinking about getting the SMAK kit to help spread some love!
Stamps: Unity July 2012 KOM, Cocoa Daisy
Ink: Black, Rich cocoa, London Fog
Paper: Woodland Park (October Afternoon), Confetti Cream, Kraft
Accessories: Candy Dots, Banner Die (PTI), Buttons (Jenni Bowlin), Staple (Tim Holtz), Twine (?)


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JACKSONVILLE, Fla. (AP) John Isner is set to return from a knee injury and will play the No. 1 singles spot for the U.S. team against Brazil in the first round of Davis Cup World Group matches.
``We came into the week looking for clarity on John's knee, hoping it would respond the way it has,'' team captain Jim Courier said at Thursday's draw ceremony. ``He practiced hard every day. He's had no setbacks.
``From our eyes and our medical staff's eyes, we feel confident he's ready and set for 10 sets of tennis if he needs to play them this weekend.''
Isner injured his knee a month ago at the Hopman Cup in Perth, Australia playing with Venus Williams. He withdrew in his opening match the following week at the APIA International Sydney and hasn't played competitively since.
He said he's ready to return to the courts.
``I had a very encouraging week of practice which is what I was looking for,'' the 6-foot-9 Isner said. ``I didn't know how my knee was going to react when I really started to practice hard because it's been a while.
``My knee hasn't been bothering me. I feel like I'm ready to go.''
Isner's presence in the lineup is key to the Americans' hopes of beating Brazil and advancing to the quarterfinals in April against the winner of the Serbia-Belgium. Isner is the 13th-ranked player in the world, the best ranking of any of the four singles players competing in Friday's opening match.
He will meet Brazil's Thiago Alves, ranked No. 145 in the second singles match on Friday. The opening match pits the United States' Sam Querrey (No. 22) taking on Brazil's top player, Thomaz Bellucci (No. 33). It's the first meeting for the players in both matches.
The doubles competition takes place on Saturday with the world's No. 1 ranked team of Bob and Mike Bryan taking on the Brazilian pair of Marcelo Melo and Bruno Soares who have a 17 and 19 doubles ranking respectively.
Had Isner been ruled out, the U.S. likely would have turned to Ryan Harrison who last summer cracked the Top 50 rankings for the first time.
The match marks the fifth meeting between the U.S. and Brazil in Davis Cup with the Americans leading the overall series 3-1. The countries last met in Davis Cup play in 1997 in a first-round match in Ribeirao Preto, Brazil. Courier played singles for the U.S. team and won two matches to lead the American team to a 4-1 win.
This will be the first Davis Cup competition in an American city for either Isner or Querrey. Isner is 5-5 in Davis Cup singles play while Querrey is 1-5, with all matches held outside the U.S. on clay courts.
Isner, who lives in Tampa and played his college tennis at nearby Georgia, is looking forward to having the home crowd support behind him and his teammates.
``I've always flown over an ocean to go play Davis Cup. This tie I just got in my car and drove three hours,'' he said. ``I do feel at home here. Hopefully I can get some USA chants, but Georgia chants also would be accepted on my part.''
While the Bryan brothers have the world's No. 1 ranking and are coming off another Grand Slam doubles title at the Australian Open two weeks ago, the Brazilian pair of Melo and Soares hold a 2-1 edge on the U.S. pair. The four players met for a fourth time this past December when they played an exhibition match in Brazil. The Bryan brothers were victorious in three sets.
``This is a team that has beaten us before,'' Bob Bryan said. ``We really respect them. But yeah, it's going to be a war.
``These guys are both top-20 players, both won tournaments this year, so they're playing well. We know what we have to do. We feel good. We have some momentum coming here from Australia. But that definitely doesn't mean it's going to be easy.''