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Women in Islam
Distinction Between Religious and Fundamentalist Approaches
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By Professor Dr. Farooq Hassan **
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Oct
18, 2005
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A Muslim Somali woman performing Hajj
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The
following is a synopsis of a paper presented in Paris on August 27,
2005, at the International Conference on Women (Conference
internationale des femmes à Paris) on “Women, Islam &
Equality” (Les femmes, l’Islam, l’egalite) held by Women,
Auvers sur Oise, Paris.
I
am very privileged to address this learned and distinguished
gathering of outstanding contemporary scholars of Islam and
trans-national culture and historiography. Such intellectual
leadership of acknowledged theoreticians and activists of these
fields would greatly assist the enormously delicate subject of
“Women in Islam” as evident and perceived in the troubled
contemporary prevalent time.
In
this analysis, the doctrinal place of women as found in the basic
sources of Islam in contra-distinction to such an evaluation from
“fundamentalist” perspectives will be examined. The
“delicacy,” to which I refer, arises not because of a priori
intricacy of the theme or content of this topic. It is also not
connected with any specific inherent predilection about such a
consequence being inevitable while analyzing Islam. It emanates in
the context of the current highly charged political, strategic,
and social upheavals that are in evidence since the beginning of
the present millennium in countries where we have large Muslim
populations.
To
understand this subject with objectivity, it is necessary to draw a
balance between doctrinal purity on the one hand, and the felt
“necessities” of time on the other. Thus, pragmatism is
necessarily relevant in this inquiry. Any other manner of approach
based upon purely academic niceties devoid of the realities that
clearly confront us would not result in a meaningful awareness of
this subject. It is further to be noted that any inquiry regarding
how the so-called fundamentalists view Islam’s perceptions about
women, without examining the totality of the surrounding phenomenon,
which is essentially political and cultural in nature, would be
incomplete, perhaps giving rise to even misleading conclusions. As
such, I sincerely felicitate the organizers of this truly
significant meeting as they manifestly have the vision to find
answers to such contentious inquiries at the present time.
Basic
Islamic Conceptions Regarding Family & Women
Fundamentalist
Emphasis
Conclusion
Preliminary
Perspectives
Before
examining the relevant issues relating to this matter, let me
articulate, broadly of course, my a fortiori understanding of this
subject. As I see it, every religion has some aspects of its core
beliefs and tenets that are so fundamental that without them no
particular faith can even claim to exist. In this sense, could one
say that all faiths are fundamentalist in character? By reducing
such fundamental beliefs to an irreducible minimum, the answer would
be in the affirmative. In this sense, the term is used with purely
theological connotations in mind and not with any political, social,
or psychological nuances in our purview.
the
term [fundamental] is used with purely theological connotations in
mind and not with any political, social, or psychological nuances in
our purview.
However,
let me at the outset make a point of vital significance. From a
theological viewpoint, all Muslims must believe in five essential or
“fundamental” tenets of Islam. As such, do all Muslims qualify
for the description of “fundamentalists”? From a doctrinal
theological viewpoint, the answer would seem to be in the
affirmative. Although there do exist different major sects, even
branches in Islam, the distinction inter se is not
based on a diverse understanding of their beliefs in the core texts
or basic scriptures of the Islamic faith. The differences are
essentially descriptive of the peripheral or incidental rituals or
beliefs of their adherents qua non-basic postulates of their
approaches to religion1.
It
should be borne in mind, therefore, that while using the term fundamentalist,
what is really aimed to be stressed is the “extremist”
connotations in some people’s minds about some specific
conceptions that some Muslim groups have in terms of the
socio-economical, political, or cultural biases that are contrary to
the norms and practices of the civil society even amongst the
Muslims. It is not really a doctrinal theological delineation that
is being emphasized when such a term is used.
In
other words, historically, the usage of this term, while signifying
rigidity in a pejorative sense, is essentially descriptive of a
political or a societal attitude rather than a theological one.
Until around the 1980s, the term used to designate such beliefs
amongst Muslims was Islamist. Then the term fundamentalist
gained currency and was accepted as such until very recently by
mostly the Western press and governments. In the wake of the two
recent wars in Afghanistan and then Iraq, the phraseology seems to
have changed. Now the preferred term is extremist.” Be that
as it may, I have no problem with any of these terms so long as the
concept being advanced is clearly understood2.
But
diverse problems begin to arise when such concepts and terms get
mixed and mingled in the complexities of contemporary international
politics and the resultant attitudes of those who feel that they
have to “defend” their faiths in such situations. Cultural
prejudices, which are evidently heavily visible in many Islamic
societies, also compound the emergent problems.
Cultural
prejudices, which are evidently heavily visible in many
Islamic societies, also compound the emergent problems. |
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Indeed,
sometimes it is not easy to decipher whether the prejudices against
women in Islamic societies, properly so-called, are the result of
“religious” misunderstandings or just cultural heritage of a
locality or straightforward political machinations of the proponents
of such attitudes3.
I
personally feel that fundamentalism in this sense is essentially an
attitude adopted by only some of the followers of a religion,
mostly out of a sense of insecurity or a feeling that “the”
religion, as they see it, is in danger of losing its identity;
sometimes it is just an overt course of conduct for adopting a
harsh, maybe even violent, attitude towards some other group or
groups of the people of the same faith; it could also be directed
against outsiders and foreign entities for the same motivation. It
can equally emanate as a tool or modality of raw power struggle
nationally or internationally. No religion is fundamentalist
in the sense per se since none aims to be vindictive or destructive
of those who just do not share the particular beliefs; if, however,
its avowed goal, as seen by such partisans, is to do so, then the
real problem is not with the said faith but with that group which so
believes; as such, generally it is only a group of followers of a
religion who are fundamentalists and not the religion as such4.
Viewed
as such, “fundamentalism” is not a monopoly of adherents of
Islam; there are fundamentalist Hindus, Christians, Sikhs, and even
Buddhists. Sometimes so-called fundamentalist movements,
particularly in Christianity, have served the purpose of cleansing
social practices by going back to the original teachings, but such
movements are more properly described as “reform” movements5.
What is objectionable in this sense in “fundamentalism” is the
unstated assumption that its adherents alone know the true meaning
of their religion; they go sometimes as far as to resort to violence
against all and sundry who disagree with them. Such behavior is
then, regrettably, justified by asserting as permissible by
religious dogmas. As often is the case, the religion which these
fundamentalists profess to be protecting usually forbids such
violence or single-mindedness of interpretation or thought.
With
these preliminary comments about the ethos of ensuing analysis, let
me advert initially to the place and content of women within the
confines of Islamic doctrinal postulates. After traversing these
norms, we shall see the “fundamentalist” versions of such issues
to reveal the manner through which the puritanical message of
the faith is being gradually eroded6.
In
parenthesis, I may note that I am acutely conscious of the inherent moral
dangers of my approaching this topic as such. It could be argued
that such an approach is itself predicated by an apologists’
mindset. While the superficial, even apparent, weight of such
semantics is certainly historically visible, let me say that I
articulate such a prognosis on the basis of my own belief about
these basically perspective issues on the foundation of my own
experience and religious convictions.
I
am sure that Islam, like other great religious philosophies of the
human heritage, has to have in its fold a nucleus that is entirely
reconcilable with equal treatment of men and women and in harmony
with progressive evolution. I believe that having stood
the vicissitudes of time and of history for fifteen hundred years,
Islam’s central positioning of the human race has to have
primacy in all of its teachings. Not only thematically does the
central emphasis of such focus of Islam have to keep abreast of
different cultures and times, it has to be broad enough to
accommodate in its fold the indispensability of meeting the needs of
all times7. God calls human beings ashraf
al-makhluqat, or “the greatest of all His creations.” A
fortiori, this concept covers both men and women. It also envisages
changes in societal behavior, which are natural and inevitable as
history moves on. It should follow that inequality between men and
women cannot be contemplated by basic Islamic postulates, nor can
inequality be genuinely progressive.
Understanding
Islam’s Doctrinal Messages
Islam
places, as elaborated hereinafter, the highest significance in life
to family (as an institution), towards its different members, in
particular women and children. The duty of care and responsibility
is directly vested in those who have the ability to provide help to
others in the family that need such aid. The message of Islam is
contained in the word of God, the Qur’an itself. Reference to such
citations will hopefully stress the high significance that Islam
places on this matter.
Throughout
its history, Islamic faith has been both deeply cherished and
misunderstood for its emphasis on enveloping the entirety of
a person’s life with its normative structure of rules of conduct
and precepts. Amongst the major norms of such expected behavior are
those that are devised to apply to the institution of the family and
women. Simultaneously, the jurisprudence and moral philosophy of the
faith also acutely focus on the larger matter pertaining to the
subject of human rights of these categories of the human race.
Throughout
its history, Islamic faith has been both deeply cherished
and misunderstood for its emphasis on enveloping the
entirety of a person’s life with its normative structure
of rules of conduct and precepts. |
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This
discussion proceeds in the background of acute crisis of
international proportions regarding the message and place of
contemporary Islam. Whether or not one agrees with the thesis
advocated initially in modern times by Samuel Huntington, it cannot
be ignored that, from political avocations to their cultural and
religious practices and beliefs, Muslims have come under severe
criticism in the popular Western press and governments. As such, the
“clash” that he spoke of has arisen, realistically speaking,
from the imperceptible to the visible.
In
my view, Huntington was regrettably realistic in projecting a thesis
of Clash of Civilizations in the 21st century. However, such clashes
are fundamentally of “political” dimension and have little by
way of application in the private or ordinary lives of Muslims. This
conviction was strengthened by late Pope John Paul II’s
affirmation of this trend in his address to a multi-congregational
audience in Assisi on January 22, 2002, when he said, particularly
to the Muslims, that he feared what he saw was an ongoing, even
increasing crescendo of clashes, involving the Western civilizations
and that of the Islamic peoples. As such, ab initio, while the
Huntington variety of clash is entirely of political connotations,
it has begun to engulf larger populations of Muslims in the totality
of their lives. When such metamorphosis begins, the finer
distinctions of political and social tend to disappear.
In
the face of such an onslaught, many Islamic leaders have plainly
become afraid, and few have openly defended anything that Muslims
believe in or do. It is indeed “fashionable” to appear to be
“modernistic” in outlook in all that affects the statecraft of
such nations. In this context, in a Hegelian sense of historical
perspective, recent political events towards a “secularized”
Islamic World have to be seen8. Different
phrases to denote this emphasis are employed by powers and forces
that be, in order to exhibit such a policy. However, I am certain
that “secular” in this context is not the equivalent of
“liberal.” The former has a political expediency angle
underlying its avocation or adoption. The latter is an index of a thought
process of policy and attitudes.
When
this process of being placed to “defend” one’s faith is
initiated, so-called hard-liners become ascendant. Amongst the major
objectives they advocate for societal resurgence is one of treating
women differently than is expected by good and decent Muslim
societies. According to some strategic thinking, this behavior is
deemed “desirable” by such hard-liners since it provides them
with a psychological sense of relief, considering they are convinced
of being under siege from those who are believed to be aggressing
somewhere against the Muslims in the vicinity9.
Humanitarian
postulates and dogmas of Islam, as of other great faiths, are
heavily grounded on principles of high morality. Any dilution in
their ethos would be a devastating blow to the religious practices
of Islam’s millions of adherents. Fundamentalists may have thus
reasonable political grounds for doing what they are in the process
of undertaking. However, to do so in the name of Islam is both
unjustified and regrettable.
Before
concluding this introductory preface of this presentation, it may be
mentioned that the theological controversies that confront doctrinal
Islam are as much the result of its religious opponents as of its
ardent political supporters. Many crucial issues have thus been
confounded by its own clergy, or what goes generally undisputed by
such labels. If I may, most respectfully, quote from one of my own
legal works on this subject:
History
has dealt an irony, in that Islam has often been controlled by
priests though the faith rejects the institution of organized
priesthood. By the term “priest,” I do not include the great
saints, mystics, traditionalists’ thinkers, and other men of
piety and learning who form a distinct class. For centuries the
ill-educated mullahs have periodically monopolized the pulpit.
With one hand, the mullah has woven into Islam a crazy network
of fantasy and fanaticism; with the other hand, has often used
it as an elastic cloak for political power and expediencies. (The
Islamic Republic 4)
Basic
Islamic Conceptions Regarding Family and Women
In
the context of Islamic family obligations, a family is defined as
“a human social group whose members are bound together by the bond
of blood ties and/or marital relationships” (Abdalati, 113–114).
The Qur’anic injunctions created the basic framework of such
obligations. The major thrust of such injunctions was to ameliorate
the position of women and to grant to daughters rights and
privileges ignored by the ancient customs that were present at the
advent of Islam. “These Qur’anic reforms, as well as customary
practice, constitute the substance of classical family law” in
Muslim philosophy (Esposito 13).
The
basic perception of marriage, which is considered to be the
foundation of family life, is in the nature of “the strongest
bond” (Abdalati 114) that exists in human relations. The fourth
surah of the Qur’an, An-Nisaa’, allows marriage of choice but
forbids the husband from inheriting the wife’s property against
her will (Ali 184, 190). According to the Qur’an, men and women
have equitable and proportionate rights and responsibilities in a
family. In order to preserve the survival of the family unit and to
ensure the viability of the institution, it has been provided that
the weaker elements in this unit have higher levels of protection.
As such, the Qur’an allows the rights of women not only in the
context of marriage (Al-Baqarah 2:228), but in protection from
slander (An-Nur 24:4-5, 23), maintenance (Al-Baqarah 2:241), and
care of children (Al-Baqarah 2:233). The cumulative quintessence of
these diverse injunctions regarding the family as a social unit
signifies that laws of divine origin are in place to ensure the
integrity of this unit.
In
this scheme of the preservation of the family as a unit in a society
described briefly above, the Islamic message seems to be to—
1.
Make marriage based on free consent
2.
Preserve the economic viability of the wife
3.
Make the offspring, with great emphasis on the females of this
union, an integral part of this unit, in which they not only owe
various duties of loyalty and respect to their parents, but in
return the parents must exert their best moral influence on them
(1)
Position of Women
While
focusing on the institution of the family, two central themes need
to be recognized. First, the extraordinary “secure” position and
status Islamic thought gives to females in the family. While
addressing the topic of females in a family, the Qur’an has
several direct commandments. First, female infanticide, extensively
practiced in non-advanced societies throughout history, has been
severely condemned. Not only did it prohibit this evil cultural
heritage of that seventh century culture in which Islam began its
infancy, it rebuked the idol worshipers of Arabia who ascribed
daughters to God but wanted only to have male heirs and reacted
accordingly in their prevalent social practices. The Qur’an says:
[And
they assign daughters for Allah! Glory be to Him! And for
themselves (sons—the issue) they desire! When news is brought
to them, of (the birth of) a female (child), his face darkens,
and is filled with inward grief! With shame does he hide himself
from his people because of bad news he has had! Shall he retain
it on (sufferance and) contempt, or bury it in dust? Ah! What an
evil (choice) they decide on]
(An-Nisaa’ 4:57–59)10
Islam’s
initial contribution of immense historical significance lay in
recognizing the status of women as equals of men. Women’s
inferior position in pre-Islamic Arabian culture was reflected in
them being considered as chattels. According to a leading author,
“marriage closely resembled a sale through which a woman became
the property of her husband” (Smith 92). Having no importance in
either initiation or termination of marriage, she was supposed to
follow her husband’s tribe and essentially bear children. Since
she legally was supposed to have left her tribe, she thereby was
also deemed to relinquish all property rights therein. As a wife,
a woman became totally subject to her husband and his tribe. In
this background came the Qur’anic injunctions regarding a
woman’s right to be respected—particularly as a mother—, her
property rights, and her right to be considered an integral party
of the family unit (Esposito 14).
According
to Islamic injunctions, the aim and “purpose of marriage is to
create and live in an atmosphere of love, harmony, and
companionship to fulfill the higher purposes of life” (Parwez
342). Leading Qur’anic mandates concerning these aspects of
God’s commandments stressing the complementary roles of both
sexes to each other can be gleaned from the following verses:
[They
(women) are your garments and ye (men) are their garments.]
(Al-Baqarah 2:187)
And
again, a famous verse says:
[The
Believers, men and women, are protectors one of another.]
(At-Tawbah 9:71)
Perhaps
equally well-known is the following commandment:
[And
among His (God’s) Signs is this, that He created for you mates
among yourselves, that ye may dwell in tranquility with them,
and He has put love and mercy between your (hearts): verily in
this are signs for those who reflect.]
(Ar-Rum 30:21)
(2)
Position of Parents
Islamic
teachings lay the greatest stress on the position of parents,
especially of mothers. Indeed, the Qur’an gives a lofty position
of respect to one’s ancestry and places the status of mothers
only second to God (Badawi 29). The Qur’an expressly mandates:
[Reverence
Allah, through Whom ye demand your mutual (rights), and
(reverence) the wombs (that bore you): for Allah ever watches
over you.]
(An-Nisaa’ 4:1)
Further,
the Qur’an says:
[And
We have enjoined on man (to be good) to his parents: in travail
upon travail did his mother bear him, and in years twain was his
weaning: (hear) the command, “Show gratitude to Me and to thy
parents,” to Me is (thy final) goal.]
(Luqman 31:14)
In
another specific commandment God says:
[We
have enjoined on man kindness to his parents: in pain did his
mother bear him, and in pain did she give him birth. In the
carrying of the (child) to his weaning is (a period of) thirty
months.]
(Al-Ahqaf 46:15)
The
mandate to cater for and look after aged parents is directly
attended to in the Qur’an. It is said:
[Thy
Lord hath decreed that ye worship none but Him, and that ye be
kind to parents. Whether one or both of them attain old age in
life, say not to them a word of contempt, nor repel them, but
address them in terms of honor.]
(Al-Israa’ 17:23)
The
underlying message in such commandments derives its ethical
foundations from the concept, inter alia, of ihsan
(benevolence). This concept, which figures in diverse forms in
Islamic teachings, in the words of an author, “denotes what is
right, good, and beautiful” (Ati 205). In further analysis, it
has been articulated by writers that through this divine mandate
we are commanded to do “among other things, kindness,
compassion, charity, reverence, conscientiousness, and sound
performance” and applies with full emphasis to the parent-child
relationship (Ati 205).
It
is further clear that this basic manifestation of ihsan has
specific reference to the inter se relations between family
members. In other words, such goodwill that is expected to be
displayed towards the rest of the people in a community, ex
hypothesi, increases manifold towards one’s own kith and kin.
One author remarks:
It
is the Muslim’s religious duty, as well as virtue, to show ihsan
to his parents, be they Muslims like himself or otherwise.
Concrete behavioral manifestations of this Divine Ordinance of
ihsan to the parents include active empathy or “role
taking,” compassionate gratitude, patience, prayer for them
even after their demise, honoring their commitments on their
behalf when they can no longer do so, sincere counsel, and
veneration. An integral part of the children’s absolute
religious duty is to provide for their parents in case of need
and help them to be as comfortable as possible. (Ati 205)
(3)
Economic Responsibilities for Family and Women
Economic
responsibility in the family is placed primarily on the husband.
Further domestic duties are to be shared proportionately. However,
it is the duty of the man to support his entire family within the
level of his abilities in the social structure of the society. One
author maintains—
The
wife’s maintenance entails her incontestable right to
lodging, clothing, food, and general care. The wife’s lodge
must be adequate so as to ensure her privacy, comfort, and
independence. This is interpreted by three major Schools of
Law to mean that the lodging quarter must befit the means and
lifestyle of both mates. However, it is the wife’s home in
her capacity as wife; she has exclusive right to it. None of
her husband’s relatives, dependents, or any other person may
live with her in the same lodge unless she voluntarily agrees
to it. The main concern here seems to be the welfare of the
wife and the stability of the marriage. The husband’s
responsibility for the wife’s shelter does not entitle him
to impose upon her any disagreeable arrangement of residence.
(Ati 149–150)
These
observations are derived from the Qur’an, from which the
following well-known verse may be cited with advantage:
[Let
the women live (in `iddah) in the same style as ye live
according to your means; annoy not them, so as to restrict them.
… Let the man of means spend according to his means: and the
man whose resources are restricted, let him spend according to
what Allah has given him. Allah puts no burden on any person
beyond what He has given him. After a difficulty, Allah will
soon grant relief.]
(At-Talaq 65:5,6)
In
a family, the wife’s right to be financially maintained is
established by Qur’anic injunctions and by unanimous consent
amongst jurists of all its principal legal schools of law; this
right is vested regardless of whether the wife is a Muslim or not,
rich or poor. There is also the mention in Islamic thought that
this provision of maintenance is not based on some commercial
formulations but on the basis of affection, love, and compassion
that should exist between the husband and wife. According to one
writer, “The essence of marriage is compassion, of which she is
entitled to receive as much as she gives. The husband, too, is
instructed to be a source of compassion and security for his mate;
to initiate and reciprocate in kind, not only to receive.” (Ati
148)
(4)
Position of Children and the Weak in a Family
The
Qur’an mandates that young children be properly looked after and
nurtured (Al-Baqarah 2:233). It is further stated in the same
injunction that the children be raised by mutual consultation
between the parents. These directions form a part of the general
guidelines provided in the Qur’an dealing with responsibility of
family members towards one another and of the responsibility of
those who are in a position to help to do so with a sense of a
sacred duty. There is a call to the believers that those who truly
believe in God are asked to be kind and forthcoming in their
assistance to those who are in need or disadvantaged or
handicapped. Indeed, these injunctions go as far as to impose
hospitality and to provide help to the elderly kin, those who are
indigent, or even those who are traveling11.
An
allied concept to provide for those in need in the family,
including women and children, is that of zakah. It is a basic
obligation of a Muslim to participate in social responsibilities
by donating a small part of his or her savings to those in need.
This “purifies” the person giving such assistance. While the
donor thanks God for His blessings, the zakah is deigned to help
others in distress and needing help. The Qur’an says:
[Spend
out of (the bounties) We have provided for you, before the day
comes when no bargaining (will avail), nor friendship nor
intercession.]
(Al-Baqarah 2:254)
In
order to encourage people to assist others, God says that He
will multiply the rewards to the generous in the Hereafter.
Indeed, in one passage in the Qur’an charity is described as a
“loan to God”:
[Who
is he that will loan to Allah a beautiful loan, which Allah will
multiply unto his credit and multiply many times? It is that
Allah giveth (you) want or plenty, and to Him shall be your
return.]
(Al-Baqarah 2:254)
One
of the foremost authors on Islamic learning points out,
therefore, that “no religion prior to Islam had consecrated
charity, the support of the widow, the orphan, and the helpless
poor, by enrolling them among the positive enactments of the
system” (Ali, S. 169).
(5)
Doctrinal Basis of Care Rights
It
may be instructive to view the doctrinal basis of care rights in
the philosophy generated by the Qur’an. As I see it, two
predominant themes permeate this subject.
First,
the basis of all the desirable human actions emanate in the
concept of kindness, especially to women. In Arabic, the
corresponding word for God’s ever-present mercy and kindness
is designated by the word rahim or rahman. This
word appears many times in the Qur’an and indicates one of the
titles for God by reference to Him as “the Most-Merciful” or
“the Most-Compassionate.” Indeed, this word is often
repeated in Muslim prayers and is perhaps the most beloved of
God’s descriptions in human vocabulary. Linguistically, it
comes from the root word rahm, meaning the “womb.” It
underscores the theme of God’s care and love for all His
creatures as a “mother.” This is important, for it also
shows the status eventually bestowed upon the institution of
motherhood in a family.
The
basis of all the desirable human actions emanate in the
concept of kindness, especially to women. |
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The
loving and compassionate attitude of merciful caring reflected
in this description of the Almighty is amply reflected in the
Qur’an12. The Qur’an further
indicates that He is pleased with those who are kind and helpful
to those in need and distress. He further says that He will
reward “good deeds” of this category in a special way13.
Islamic Law, actually, in the positive science of its rules,
demarcates two kinds of rights. The first category is that of
the “rights of God,” called huquq Allah. The second
category is known as the “rights of God’s creatures.” This
is known as huquq al-`ibad. The Qur’an and Islamic Law
are explicit in diverse ways that unless a person fulfills both
kinds of rights in life, his or her totality of duties remains
unsatisfied. Indeed, in terms of spirituality, it is also
maintained that obedience to God is not really complete unless
help is rendered to one’s family, then to kith and kin, then
to one’s other distant relatives needing assistance, and
finally to neighbors and even strangers that come to visit a
person of means. It is said in the Qur’an:
[Seest
thou one who denies Judgment (to come)? Then such is the (man)
who repulses the orphan (with harshness). And encourages not the
feeding of the indigent. So woe to the worshippers who are
neglectful of their Prayers. Those who (want but) to be seen (of
men), but refuse (to supply) (even) neighborly needs.]
(Al-Ma`un 107:1–7)
The
second basis of these rights is the Islamic conception of
justice. It will be seen that the Qur’an, while addressing the
matters of human relationships, laid the greatest stress on
justice—again particularly to women, which deserves notice.
Whether
it is a question of the rights of the members of family or those
of the people in a state, the Qur’an mandates in various forms
highest adherence to justice, called `adl. While there
may be a number of ways to look at this phenomenon, I think the
basic message of the Qur’an is that merit and the quality of
one’s claims and demands or expectations are to be evaluated
on the basis of justice and righteousness. Righteousness itself
consists of three elements:
1.
Belief (iman)
2.
Just action (`amal)
3.
Justice (`adl)
Accordingly,
for human action to be acceptable in a worldly context, it must,
nevertheless, accord high priorities to these notions enumerated
above for it to be considered worthwhile in a religious or
spiritual connotation. Its most eloquent expose comes in the
following Qur’anic pronouncement:
[It
is not righteousness that ye turn your faces towards East or
West; but it is righteousness to believe in Allah and the Last
Day, and the Angels, and the Book and the Messengers; to spend
of your substance, out of love for Him, for your kin for
orphans, for the needy for the wayfarer for those who ask, and
for the ransom of slaves; to be steadfast in prayer, and
practice regular charity; to fulfill the contracts which ye have
made; and to be firm and patient, in pain (or suffering) and
adversity, and throughout all periods of panic. Such are the
people of truth, the God-fearing.]
(Al-Baqarah 2:177)14
In
another notable injunction, the Qur’an candidly asserts:
[The
most honored of you in the sight of Allah is (he who is) the
most righteous of you.]
(Al-Hujurat 49:13)
One
other memorable passage about justice may be mentioned before
leaving this point. The Qur’an says:
[O
ye who believe! Stand out firmly for justice, as witnesses to
Allah, even as against yourselves. … Follow not the lusts (of
your hearts), lest ye swerve, and if ye distort (justice) or
decline to do justice, verily Allah is well acquainted with all
that ye do.]
(An-Nisaa’ 4:136)
The
above brief analysis reveals the emphatic focus that the
Qur’an places on the concepts of mercy, kindness, and justice.
There are other allied concepts as well that tend to generate
the ethos of Islamic dynamics towards creating a caring society
with the family occupying the pivotal position15.
It is self-evident that while addressing matters relating to
affection for one’s family and the allied expectation of
assistance required of a Muslim community, the ingredient of `adl,
or justice, plays a uniquely esoteric and ethical role.
Fundamentalist
Emphasis
In
an environment of changing or even decaying public mores or
traditions, moral and ethical Islamic doctrines can still install
more progressive, yet conservative, perspectives in such important
matters as those involving the development of family rights and
values revolving around fundamental human rights of women. With
respect to the divergence of views on issues relating to women
between established Islamic values in contradistinction to
fundamentalist perspectives, it is now necessary to advert to the
latter.
The
protagonists of the fundamentalist orientation cannot, of course,
dispute the availability of the Qur’anic messages already cited;
nevertheless, at the societal and cultural levels they do have a
divergent emphasis on certain “public” aspects of the role and
functions of women. In my evaluation of this divergence, one can
straightway succinctly focus on three fields in which the
fundamentalist approaches may be particularly noticed. These three
fields relate to—
1.
Women’s education
2.
Women’s access to public life
3.
Behavioral restrictions relating to dress, participation in
family, and personal interaction amongst their peers
It
will be seen that the basic focus of all these three issues
relates to an effort by the fundamentalist thinking to regulate
the development and movements of women in the particular society
in which they live. The level of attaining these limitations would
depend upon the quantum of societal awareness that already exists
in that society. It is axiomatic that in more advanced and
progressive environments the quantum of restrictions is both less
and more subtle.
In
societies, however, wherein the entireties of people are
essentially Muslims, such as Pakistan or Iran, these limitations
can be more ostensible and pronounced. Such pronounced and visible
denial of ordinary human liberties for women is manifestly more so
in rural areas of such countries, or areas that are far flung from
main urban centers. In such places and in a number of Islamic
societies in Africa, the attitudes of the fundamentalists have a
decisive effect on societal practices. This was always
historically true. But with the advent of the political
developments of the last few years across the world, in which
Muslims find themselves the targets of various misfortunes, the
fundamentalist activists have become understandably more
goal-oriented in their policies towards women.
In
the implementation of such attitudes, the fundamentalists’
philosophy, irrespective of its depth or commitment to such
convictions, believes that the bringing of women into the domain
of the public or educated spectrum should not be openly allowed or
at least it should be discouraged. These attitudes have been
greatly hardened by what has gone on in terms of wars in
Afghanistan and Iraq; the resultant position being that there is
clearly, from the perspectives of liberal or democratic ideals, a
less than satisfactory status for the women of many such areas of
the world.
I
may add that local customs and culture have also to be reckoned in
such societies. In some areas, this kind of state of affairs
regarding women is prevalent as a matter of history. Religion has
nothing directly to do with it. At best, it may be attributed a
“secondary” role in establishing to provide this kind of a
negative milieu. Women, regardless of religion, have to comply
with cultural “regulations” in their daily lives, as that is
how the people generally live in those localities.
For
instance, in Pakistan, the denial of some basic human rights of
women as enunciated by Islam or in the accepted human rights’
texts of the international community, such as violence or honor
killings, have little to do with prevalent religion (which is
clearly Islam), but are certainly connected to and emanating from
cultural prejudices and local customary practices. In these
circumstances, while no doubt the fundamentalist elements of
society have a more visible role to play in the enforcement of or
compliance with such unwelcome rules of conduct devised for women
by society, it is not invariable that this is so. Ordinary people
may also be the vehicle for the use of discouraging societal
compulsions. The worst and most notorious cases of this kind,
which were internationally condemned, were not enforced by
fundamentalists but by ordinary, even “progressive,” or
“modern” elements of Pakistani society.
Conclusion
The
aim of all conservative elements in such environments is to ensure
that the traditional male domination of society is maintained, as
that is how they have been living there for centuries. I believe
that this is true of most Islamic societies as much as for people
of other faiths in similar circumstances. But as we are only
concentrating on the former, it is necessary to point out that, as
such, traits of such conservative and traditional thinking have to
be modified and moderated to achieve democratic levels of
acceptability.
Regrettably,
women in many Islamic societies are manifestly given secondary
status. Even in states such as Pakistan, wherein there is much
demagoguery about “enlightened moderation of Islam,” there are
more cases of gang rapes and honor killings than anywhere else in
the world16.
Generally, the women have little by way of actual security, and
the issues that confront them in daily lives are seldom, if ever,
given the importance they deserve. Polygamy, poverty, and absence
of equality in matters such as divorce and child custody are legal
matters still awaiting a proper redress in many an Islamic
environment.
The
primary foundation of achieving such a healthy metamorphosis is
through education. I advocate that all concerned institutions and
governments must attempt to improve this aspect of the lives of
the peoples of such areas by making the fruits of education reach
all sections of society.
Only
an educated society is capable of becoming aware of the evils of
controlling women by societal or state controls. But whether the
governments are capable of doing this is another matter. As such,
the path ahead for achieving a level of human rights regime for
women is not free from difficulties and problems. In these
troubled times, those bent upon granting women their just and
rightful place have quite a struggle ahead. Not only must they
work for alleviating the societal ills pointed out above, they
have to devise methods by which governments’ policies are
genuinely egalitarian and not dictated by the political exigencies
of these difficult times.
How
they can do so is not easy to envisage. Only a little more than a
decade ago, the United States utilized the mammoth zeal of Muslim
jihadist elements to oust the Soviet Union from Afghanistan. Now
the jihadists are branded as terrorists or at least extremists.
How women’s rights elements can control such policies of a
superpower is very difficult to envisage. Religion was used there
for political purposes. Now we are told that it is very wrong to
do so, as human “liberty” is a higher norm so that we can we
have “democracy.”
The
foreseeable challenges thus emanate from a desire to have religion
serve patently irreligious goals and from illogically admonishing
the liberal facets of contemporary thinking about human rights and
perceivable trends. Indeed, all religions that have survived
through man’s history over several hundreds of years stress
essentially a message to be progressive, tolerant, and avoid
rigidity. The broader aim of every society that aims to be
genuinely attentive to all within its fold has to be “liberal”
in the sense Rawls has canvassed, not in an empty sense in which
contemporary politicians, some of tremendous international weight,
have been stressing of late. The latter classes of people have
transformed even some of the most innocuous and rhetorical
sounding dogmas of liberalism and morals into one of the most
ferocious political transformations of society ever witnessed in
human history.
References
Abdalati,
H. Islam in Focus. Plainfield, Indiana: American
Trust Publications, 1975.
Ali,
A.Y. The Meaning of the Holy Qur’an. Beltsville,
Maryland: Amana Publications, 1995.
Ali,
Syed Ameer. The Spirit of Islam. Karachi: Pakistan
Publishing House, 1976.
Ati,
H.A. The Family Structure in Islam. Plainsfield, Indiana:
American Trust Publications, 1977.
Badawi
J. Gender Equality in Islam: Basic Principles. Plainsfield,
Indiana: American Trust Publications, 1995.
Esposito,
J.L. Women in Muslim Family Law. Syracuse University Press,
1982.
Hasan,
Farooq. The Islamic Republic. Aziz Publishers, 1984.
Parwez,
G. Islam, A Challenge to Religion. Lahore, 1968.
Smith,
R.W. Kinship and Marriage in Early Arabia. Boston: Beacon
Press, 1903.
1-The
term “fundamentalist” does have an accepted meaning in
Christian theology where some denominations, such as the Baptists,
are considered as such for their formal belief in their written
scriptures; other Christian denominations or evangelistic
movements may not have a similar understanding of such
perspectives.
2-The
reason for this change is based on an awareness that in the war on
terror, it became difficult to describe all such actions as
emanating from “religious fundamentalists,” since such actions
were erupting in far-flung corners of the world, wherein high
religious adherence was not really visible. Hence, to be more
non-theological and more political in emphasis, the nomenclature
was altered almost non-obtrusively.
3-
It is outside the limited purview of this essentially “speaking
work” to examine this point in depth.
4-Hence,
I use the term “fundamentalism” in this script in its
“popular” sense as evident in the usage today by press and
governments of diverse countries. It does not purport to be
lexicographical or semantically philosophical in content. However,
it would be useful to adopt the Concise Oxford Dictionary, which
defines this particular concept as “Maintenance, in opposition
to modernism of traditional orthodox beliefs.”
5-The
history of Christianity provides many significant illustrations of
this matter. For an excellent contemporary analysis, see The
Christian Question in American Politics, Justin E. Smith,
2004, University of Concordia, Montreal, Canada.
6-The
year 2004 was observed as the Year of the Family, during which a
number of important international conferences were held, noting
that 2004 marked the 10th Anniversary of the United Nations 1994
International Year of the Family and that the Doha International
Conference for the Family was welcomed by UN General Assembly
Resolution A/RES/58/15 (December 15, 2003). On November 30, 2004,
the Doha Declaration was issued, followed by the UNGA Resolution
of December 6, 2004. In none of them, however, were the
difficulties faced by women in Islamic countries even mentioned.
7-Islamic
jurisprudential doctrines of ijtihad are of basic
functional value in doing so.
8-General
Musharraf has been using the term “enlightened moderation” to
be followed by the “Islamic Republic of Pakistan.”
9-For
this phenomenon in current Iran, see generally Enemies of
Ayatollahs, M. Mohaddassin, 2004. See further Islamic
Fundamentalism & Question of Women, M. Rajavi, 2004.
10-
See also Ali, A.Y. The Meaning of the Holy Qur’an, Amana
Publications, Beltsville, Maryland, 1995, p. 651.
11-
Al-Baqarah 2:177, 180, 215, 263, 273; An–Nisaa’ 4:8, 25, 36,
92; Al-Ma’idah 5:89; Al-Anfal 8:41; At-Tawbah 9:60; Ar-Rum
30:38; Al-Ahzab 33:6; Al–Mujadilah 58:4; Al-Ma`un 107:1-3.
12-
See, for instance, Al-Baqarah 2:186, 286; see further Aal `Imran
3:145, 150; An-Nisaa’ 4:26, 28; Qaf 50:16.
13-
See, for instance, Al-An`am 6:160; Al-Qasas 28:84.
14-
See also Ali, A.Y. The Holy Qur`an, pp. 70-71.
15-
The other notable concept, in this context, is that of ihsan
discussed earlier.
16-
See this author’s op. ed. piece “Stared into Silence,” The
Nation (Lahore), 24 June, 2005,
stressing the agony of the gang rape inflicted on a rustic woman,
called Muktharan Mai, by a town jury of elders in Pakistan, and
then attempted callously to be “hidden” from the world by the
government.
**
DPhil.; BA Juris, MA, MLitt, (Oxon), DCL (Columbia), DIA
(Harvard), Of Lincoln’s Inn, Barrister at Law, UK; Attorney at
Law, US; Senior Advocate Supreme Court (QC) of Pakistan; David M.
Kennedy Visiting Scholar and Professor of International Studies,
Kennedy Center; Professor and Visiting Fellow, Law School Human
Rights Program and Center for International Affairs, Harvard
University. He is currently the UN Special Ambassador for Family,
the President of the American Institute of South Asian Strategic
Studies, Boston. He delivered the highly prestigious King Faisal
Memorial Lecture for 2002 in Saudi Arabia. In 2003 he was awarded
the International Professor of Human Rights Awards by Saudi Arabia
from a galaxy of international experts. In 2004 he became the
first Pakistani scholar to be appointed a distinguished Visiting
Professor by JNU in Delhi, and gave Memorial Lectures at the
Benaras Hindu University and at famed Ambadkar Center in
Auranagbad on Constitutional evolution in South Asia.
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