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Thursday, December 20, 2012

Do Not Violate Our Niqaab; Do Not Shatter Our Dreams

Bismillaahir Rahmanir Rahiim
Assalamu alaykum wa Rahmatullaahi wa Baarakatuhu

Truly Allah decrees what Allah wills
And so we accept it, trust Allah solely as we surrender everything to our Rabb
Initially, my candidness got the worst of me.
I was appalled to learn from Atty Apion (AP) via telecom last December 14 that:

1. Judge Estacio (JE) like AP admitted to have spent sleepless nights over the ...stalemate;
2. Stalemate: for reasons of irreparable damage or injury on the niqaabis’ well-being a writ of preliminary injunction (WOPI) was issued by JE against UZ ordering the latter to enroll the niqaabi-complainants YET UZ Pres Atty Linda E. Lim (ALL) stubbornly defied it as she dared court to jail her if it must;
What a shame for UZ-ALL - being an attorney herself- to set a bad example as an educator by acrimoniously defying the WOPI of JE!
3. Why the gall? ALL ludicrous alibi: UZ Faculty is scared of niqaabi enrollees and even threatened to resign if UZ will follow court order.
4. UZ ALL instead offered a demanding compromise:
a. UZ will accept only 2 niqaabi enrollees who are graduating this semester, inshaALLAH;
b. BUT in exchange for A, AP along with complainants must withdraw case against UZ;
5. THUS, considering 1 to 4, JE implored AP to withdraw the case for the ff reaons:
a. JE cannot jail ALL considering she’s elderly and an icon in ZC;
b. IF AP were to pursue the legal battle it will be a useless and fruitless battle;
c. even if niqaabis were to be enrolled, UZ will give it a hard time or subject them to academic pressure;
d. except for two graduating niqaabis, the rest of the complainants were being disqualified for any of the ff reasons:
i. failure to comply with retention policy;
ii. dubious of their capacity to cope up in mid-sem as late enrollees;
iii. medical checkup result;
iv. outstanding balance re school fees;
What a shame for UZ-ALL to vitiate our vulnerable niqaabis of reason and free will by issuing grave threat, intimidation and sowing fear in them!
6. Considering the aforegoing issues, JE deemed it that AP withdraw the case and just pursue the fight thru an institutional response from CHED.
7. CONCLUSION: After consultations among AP, HAN Pres SZO and niqaabi complainants an ijma was reached: they accepted ALL’s offer (refer to item 4).

There is no dearth of laws, memos, and other legal issuances but there is palpable emasculation in matters of implementation of law and its corresponding legal sanction.

In the interest of justice--- the weakened and oppressed must NEVER be deprived of LIFE, LIBERTY and PROPERTY without due process of law- just as in this case where niqaabis who are barred from academic pursuit are suffering grave injustice and irreparable injury. 

The right to Religious Freedom is NON NEGOTIABLE especially so that it is a right to live as Muslims in accordance to our deen, ISLAM. Thus, it must never be compromised.
Truly Allah decrees what Allah wills

And so we accept it, trust Allah solely as we surrender everything to our Rabb. Aameen Ya Rabbal alameen!