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Control and Sexuality: the Revival of Zina Laws in Muslim Contexts

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Control and Sexuality: the Revival of Zina Laws in Muslim Contexts Ziba Mir-Hosseini and Vanja Hamzić Control and Sexuality The Revival of Zina Laws in Muslim Contexts Ziba Mir-Hosseini and Vanja Hamzić Control and Sexuality The Revival of Zina Laws in Muslim Contexts Women Living Under Muslim Laws Control and Sexuality The Revival of Zina Laws in Muslim Contexts Ziba Mir-Hosseini and Vanja Hamzić First edition Copyright © Women Living Under Muslim Laws 2010 All rights reserved. Part of this book may be quoted or used as long as the authors and publisher are acknowledged. No part of this publication may be reproduced or transmitted for commercial purposes without prior written permission from the copyright owner. Published by: Women Living Under Muslim Laws PO Box 28445 London N19 5NZ UK [email protected] www.wluml.org Printed by: The Russell Press, Nottingham UK Design: Kika Sroka-Miller Cover art: Vanja Hamzić Page layout/typesetting: Nandita Dutta WLUML Publications Ofcer ISBN: 978-1-907024-08-5 Publications of the international solidarity network, Women Living Under Muslim Laws, aim to provide information about the lives, struggles and strategies of women living in diverse Muslim communities and countries. WLUML publications are meant to make accessible to a wide readership the broadest possible strands of opinion within varied movements or initiatives promoting greater autonomy of women living in Muslim contexts. The publications seek to inform and help share diferent experiences, strategies and interpretations. The information contained in WLUML publications does not necessarily represent the views and positions of the publishers or of the network Women Living Under Muslim Laws, unless stated. Contents v Acknowledgements vii Glossary 1 Foreword 3 Preface 5 Introduction 19 Criminalising Sexuality: Zina Laws as Violence Against Women in Muslim Contexts 49 Indonesia 81 Iran 117 Nigeria 153 Pakistan 181 Turkey 215 Conclusion 227 About the Authors 229 Index iii Acknowledgements This book has been inspired by the writings and actions of countless individuals and groups who have paved the way for feminist analyses of the factors that perpetuate violence against women, including in the felds of law and culture. We would like to extend special thanks to those who have directly contributed to this initiative: Homa Hoodfar, who suggested and encouraged this area of research, and the authors of this book. Ziba Mir-Hosseini’s chapter ‘Criminalising Sexuality’, which was previously published as a policy paper by the VNC Campaign, provided the conceptual framework for the book; she also wrote the country chapter on Iran. Vanja Hamzić wrote the Introduction, the chapters on Indonesia, Pakistan, Nigeria and Turkey, and the Conclusion. We are also grateful for the research input of Zara Saeidzadeh. We express our gratitude to the expert reviewers for the country chapters: Ayesha M Imam, Sohail Akbar Warraich, Vivienne Wee and Seval Yildirim. The contribution to the Indonesia chapter from colleagues in Solidaritas Perempuan, Koalisi NGO Ham in Aceh and Farid Mottaqin has been invaluable. The authors of the book are also deeply grateful to Richard Tapper, Safet Hadžimuhamedović, Muhammad Khalid Masud and Lynn Welchman for their support, incisive comments and editorial help. We also wish to acknowledge Aisha Lee Shaheed, Deputy Coordinator of the WLUML International Coordination Ofce, who initiated the project, co-ordinated the publication, and reviewed and commented on the manuscript at various stages; and Edna Aquino, Campaign Manager of the Violence is Not Our Culture (VNC) Campaign, for her insightful comments and advice drawn from her distinctive lens as a feminist and human rights advocate, and for managing the writing and reviewing process until its completion. Thank you also to Shaina Greif for her style-editing contributions within a short time frame, and to Carolyn Barnett for her invaluable all-round assistance on the fnal stages of the book’s production. We appreciate the generous support from two anonymous grants, which have supported the research, production and distribution of this publication. We dedicate this publication to people around the world for their relentless eforts to claim their rights and those of others, and for afrming that upholding and promoting cultures must be founded on fundamental principles of respect, dignity and justice for all. v Glossary Across Muslim countries and communities, there are multiple spellings and diferent words for essentially the same thing. For example, a judge or other authority who hears cases concerning Muslims is known variously as a cadi/kadi/kazi/kathi/khati/qazi/quazi/qadi/ qadhi. In general, the problem arises from the challenge of transliterating and translating Arabic words into local languages. In the text of this book, we have opted for either the version most commonly accepted or that which we believe would be most widely recognised, without implying that there is any one ‘correct’ spelling. Acquis communautaire: ‘Accumulated’ legislation: legal acts and case law. Ad absurdum: To an absurd extent. Ad acta: To archives; not actual any more. Adalet ve Kalkınma Partisi (AKP): Justice and Development Party (Turkey). Adhan/Ezan: Muslim call to prayer. Ahadith: See Hadith. Ahmadi/Ahmadiyya: Islamic religious movement established in British-controlled Northern India; a sect of Islam prevalent in South Asia, largely unrecognised by the Pakistani state and marginalised in other contexts. Ahwal al-syakhshiyyah: Personal matters such as marriage, divorce and inheritance. Aisyiyah (Nasyiatul Aisyiyah): Women’s branch of the major Indonesian Muslim politico- religious organisation Muhammadiyah, representing so-called ‘modernist’ Muslims. Al-zaniah wa al-zani: Fornication. ‘Alim: ‘One who has knowledge’; a scholar. See Ulama/Ulema. Alkali: Judge of a Muslim court (Hausa) (Nigeria). Analisa gender: Gender analysis (Indonesia). Anayasa Mahkemesi: Constitutional Court (Turkey). Aqd al-nikah: ‘Contract of coitus’; contract of marriage, religious marriage ceremony. Askeri: Ottoman Turkish term that refers to a class of imperial administrators in the Ottoman Empire. The term itself literally means ‘of the military’, it more broadly encompasses all higher levels of imperial administration. Askeri Yargıtay: Military Court of Cassation (Turkey). Askeri Yüksek İdare Mahkemesi: Supreme Military Administrative Court (Turkey). vii Control and Sexuality: The Revival of Zina Laws in Muslim Contexts Atatürk: Lit. ‘The Father of the Turks’, exclusive surname of Mustafa Kemal, frst president of Turkish Republic, via a legal act. ‘Awra: Shameful; pudenda – for men, the area between knees and navel; for women, all the body apart from hands, feet and face. Badal-i-sulh: Customary compensation. Baghi: Rebellion. Bahá’i: Monotheistic world/global religion that originated in 19th century Persia/Iran. Barelvi: School of thought, named after seminary established in colonial India – has preferred an esoteric path, which is associated with the subcontinent’s numerous Suf orders. Basij: Volunteer militia set up by the Islamic Republic of Iran as the vanguard of the Islamic revolution; today they often act as Moral Police in Iran. Başörtü: Traditional Turkish head cover for women, still worn by elderly women in rural areas. Bernuansa: Nuances (Indonesia). Bhinneka tunggal ika: Motto of the Republic of Indonesia: ‘fragmented, yet one’ (Old Javanese); unity in diversity. Çağdaşlaşma: Modernisation (Turkey). Carte blanche: Lit. ‘white paper’ (French); complete freedom to act on one’s wishes. Chador: In Iran, this is a long semicircle of fabric, which is wrapped to conceal the whole female body from head to toe except the face and worn by women as a loose outer garment. Traditionally of many diferent colours and patterns, in the Islamic Republic it is usually black. In Pakistan, it is available in all colours and made of a long rectangular cloth, which can be of any material, such as wool in winter, cotton or other fabrics in summer. Traditionally, it is worn loosely wrapped around the upper part of the body and over the head. The length and width of the cloths, and therefore the extent to which it covers the body, varies from community to community. Chador aur char diwari: Lit. ‘veil and four walls’ referring to gender segregation, i.e. women veiled and within the confnes of the home (South Asia). Da’awah/da‘wa: Preaching and teaching; proselytising. Daerah istimewa: Special territory (Indonesia). Danıştay: Council of State (Turkey). viii Glossary Darul Islam: ‘Abode of Islam’ – also, more common name for Negara Islam Indonesia, an insurgent state in West Java. Deobandi: School of thought, named after a seminary established in colonial India, which tends toward literalist interpretation. Diyah/Diyat/Diyeh: ‘Blood money’. Diyanet İşleri Başkanlığı: Presidency of Religious Afairs (Turkey). Diyanet İşleri Başkanlığı Teşkilat Kanunu Yasası: Diyanet Organisation Act (Turkey). Dokhul: Penetration. Elm-e qazi: ‘Judge’s intuition’ – a notion used by the Islamic Republic of Iran, referring to personal information that is not presented or examined by the court. In practice, this allows the judge to decide if an ofence has been committed. Ezan /Azan/Azaan: See Adhan. Fahisha: Lewdness; adultery and fornication. Fatayat NU: Women’s branch of the Nahdlatul Ulama (NU) (Indonesia). Fatwa pl. Fatawa: Religious opinion, often intended as a ruling or decree, usually issued by a body of religious scholars or an individual scholar, or even a mosque imam, with or without sanction by the state. Fedayin-e
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