KfW Development Research Development in Brief

Gender and women's rights in Islam

No. 22, 8 June 2016

Author: Karla Henning Editor: Dr Julia Sattelberger

In public and media perceptions of context of a changing society is to be gender discourse, but actually dates Western countries, there is often the assessed. back to the 12th century. impression that there is a strong link Gender roles and women’s rights are between discrimination against women Representatives of the movement strongly influenced by contextual and the practice of Islam in a conserva- emphasise the deep-rooted teachings of factors and cultural values tive sense. Although women and men equality in the Quran, and in addition, encourage challenges to the patriarchal are equal before God in Islam, this im- The extent to which Muslims abide by pression is reinforced by passages in interpretation of Islamic teachings for a the rules of sharia law and how they more egalitarian and fairer society. the Quran, where the direct interpreta- interpret this depends – as in all reli- tion awards further rights to men than Specific issues for the movement are, in gions – on the judgement of the individ- particular, family law and sexuality, but women. The example often cited is the ual. This includes important contextual permission to physically punish one’s also the rules on clothing or access to factors, such as traditions and cultural education and employment. One of the wife, under certain circumstances. Ac- conventions, but also the political im- cording to the WHO, levels of violence major concerns for Islamic feminism is portance of sharia law in the respective also the resolution of common against women in Sub-Saharan Africa, country. Interesting insights into context- the MENA region and South East Asia prejudices of an inherent discrimination sensitive diversity are provided by the of women in Islam. are at the highest, at 37%. On average it results of the Pew Research Center’s shows that there are higher values in global opinion polls on the role of wom- Human rights as a religion-neutral Muslim countries. Is religion a decisive en in society: yardstick for evaluating unacceptable factor here? religious discrimination  Muslims who favour sharia law as Not Islam per se, but rather its inter- the applicable legal structure of Overall, it should be noted that contem- pretation can be problematic for their country support a conservative porary Islam is not problematic for equality interpretation of gender roles. equality per se, but that many Orthodox Historically speaking, the widespread  In 20 out of the 23 countries sur- interpretations of Islam exhibit clear adoption of the discrimination of women veyed, significantly more than 50% discriminatory elements. This also ap- in Islam barely reflects reality. Reforms of Muslims are of the opinion that a plies in the same manner to most of the in the 7th century improved the rights of woman should obey her husband. other world religions. In the Bible there women in an almost revolutionary way in  In South East Asia, Central Asia are also several clearly misogynistic the areas of marriage, divorce and suc- and South East Europe, 80-90% of statements, and even today unequal cession, at a time when other cultures Muslims believe that women should treatment is accepted by the majority on and religions were still far from awarding decide for themselves on whether religious grounds (such as the ban on women this legal status. But how does it they should wear a veil. In Sub- the ordination of women in the Catholic look in contemporary Islam? The Quran Saharan Africa only 30-50% are of church). The question as to how far is considered to be the direct word of this opinion. differentiating religious conventions in Allah and is thus incontestable in the  In 13 of the 23 countries, signifi- the framework of the freedom of religion eyes of orthodox Muslims, and its con- cantly more than 50% of the re- are acceptable, and as to when unac- tent cannot be modified. However, it is spondents are for the right of wom- ceptable discrimination begins, is ex- only a basis of sharia law (Islamic rules en to divorce and for inheritance tremely difficult to answer in a general and standards of behaviour), which and ownership rights. Lagging be- form. A religion-neutral assessment consists of further sources of speeches hind are Iraq, Jordan, Egypt and scale could use international human and early interpretations of the actions Malaysia, with rates of acceptance rights to do so. Some Islamic states of the Prophet Muhammad. Yet, even in of these rights below 15%. criticise these as being primarily based the eyes of religious scholars, some on Western values, yet nowadays they passages are difficult to understand Only half of the countries show the have been ratified and thus recognised and not free from contradictions. women interviewed as having signifi- by almost all countries. Included in hu- cantly different attitudes to men. man rights is the right to freely choose Islamic reform theologians believe that one’s religion and also to change it (Civil the implementation of sharia law as a Islamic Feminism – not of Western Pact, Article 18), but also the prohibition whole (including the Quran) could and design of any form of discrimination against should be newly interpreted in light of There are many different ways that women (CEDAW, 1979). Accordingly, modern times. This applies in particular Muslim women define themselves and any person can voluntarily submit them- to questions which first arose in the their role in society. This is highlighted selves to religiously motivated unequal modern era – such as whether the use by the liberal trend of Islamic feminism, treatment, but no one may be forced of reproductive medicine and contracep- which is in no way an idea of western to.■ tion are allowed in Islam, but also as to how the traditional role of women in the Disclaimer: the opinions expressed in this document are solely the opinions of the authors and do not necessarily represent the opinion of the KfW Group.