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MARGINALIA: Gender Justice between Guidance and Governance

mindaviews marginalia mansoor s limba mansoor limba

MAKATI CITY (MindaNews / 02 August) There are moments in one’s professional journey that arrive quietly yet carry the weight of meaning…

…like being asked to sit beside the Fatwa Division Chief of the Bangsamoro Darul-Ifta’ in a legislative committee amendment session as a Shari‘ah counselor, offering reflections on the draft Bangsamoro Gender and Development Code (Parliamentary Bill No. 336).

It was not just a professional task. It felt like a sacred duty, a calling perhaps, to ensure that the emerging laws of our homeland would honor both the dignity of every soul and the divine guidance etched in our shared texts and traditions.

The draft GAD Code is, to me, a laudable endeavor. Its language is progressive. Its aspirations are inclusive. It seeks to open pathways for all constituents—women and men, young and old, Muslim and non-Muslim—to thrive in a society where gender justice is both a goal and a guarantee.

But in law, as in architecture, strength lies in both the design and the details.

As I scanned the Code and shared my thoughts, I felt both hope and hesitation. Hope because we are creating something historic. Hesitation because, unless we fine-tune certain areas, we risk building a bridge with missing beams.

Here are the key pillars I recommended, or would like to recommend, to strengthen the structure.

1. Gender justice grounding. The Bangsamoro is not just a political or cultural entity; it is a moral community. Our legal system must reflect that. While the GAD Code nods to inclusivity, it must also be anchored deeply in the tri-justice system not to limit progress but to legitimize it within our context.

For instance, discussions on gender identity must be situated in the traditional Islamic (and also Christian and IP) recognition of male and female, while allowing for compassion and dignity for all. On reproductive health, Islam’s reverence for life means the Code must unambiguously prohibit abortion while promoting maternal care and family planning. And while encouraging women’s leadership, the Code must engage with diverse Islamic jurisprudential views, lest it create silent divides instead of sincere dialogue.

This is not about compromise. It’s about coherence.

2. Clear enforcement. A code, no matter how beautifully worded, is powerless without enforcement. I stressed, or would stress, the importance of defining the roles of Gender and Development focal points in agencies and LGUs. There must be a clear chain of accountability. Regular reports. Oversight. Penalties for non-compliance. A really functioning VAW desk, not just a literal ‘desk’ that exists only during external monitoring.

In the absence of consequence, even the best intentions wither into symbolism.

3. Empowering women the halal way. Many of our women are eager to participate in economic life—but are blocked by invisible barriers. One of the most formidable is riba (interest-based financing), which makes conventional loans religiously impermissible for many.

Imagine if the regional government could partner with Islamic microfinance providers to offer zero-interest loans to women entrepreneurs. Murabaha, Mudarabah, Qard Hasan. Couple that with skills training and incentives for private employers to hire women in tech, governance, and agriculture.

And we won’t just be talking about empowerment. We’ll be doing it.

4. Awareness, awareness, awareness. Laws change little if minds and hearts remain unmoved. We need a cultural campaign rooted in faith; for instance, community education that explains how Islam dignifies women and how justice is not a foreign concept but a Qur’anic command.

Men must be part of this journey. Real transformation involves husbands, fathers, brothers, and sons. Teach them that gender justice is not a threat but a trust. Equip them with examples from the Prophet’s life. Support them as allies.

5. Safety and dignity. If our sisters are to lead, work, and thrive, they must be able to move through our towns and institutions with safety and dignity.

That means well-lit streets. Women-only transport options. Breastfeeding stations in government buildings. Separate prayer areas. Childcare support in workplaces. These are not luxuries. They are necessities.

As the session drew to a close, I looked around the room. The faces bore the weight of history, the scars of conflict, the resolve of a people long denied justice. And yet, here we were—crafting a legal framework for a better future.

I believe the Bangsamoro GAD Code can become a landmark document. Not by copying what works elsewhere, but by crafting what resonates in the homeland. If refined with cultural sensitivity and rooted in indigenous values, it can serve as a bridge between faith and freedom, tradition and transformation.

In the end, we carry this belief with us:

That gender justice in the region must not be imposed. It must be composed. Woven like a tapestry of shared hopes, interpreted through lenses of trust, and implemented with hearts as much as hands.

For justice to rise at home, it must wear the garb of both divine wisdom and local will.

And that, I pray, is a conversation we never stop having.

#BangsamoroGADCode #GenderandDevelopment #TriJusticeGADCode #GenderJustice

[MindaViews is the opinion section of MindaNews. Mansoor L. Limba, PhD, SCL in International Relations and Shari‘ah Counselor-at-Law (SCL), is a publisher-writer, university professor, vlogger, chess trainer, and translator (from Persian into English and Filipino) with tens of written and translation works to his credit on such subjects as international politics, history, political philosophy, intra-faith and interfaith relations, cultural heritage, Islamic finance, jurisprudence (fiqh), theology (‘ilm al-kalam), Qur’anic sciences and exegesis (tafsir), hadith, ethics, and mysticism. He can be reached at mlimba@diplomats.com and www.youtube.com/@WayfaringWithMansoor, and his books can be purchased at www.elzistyle.com and www.amazon.com/author/mansoorlimba.]

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