UNIVERSIDAD AUTÓNOMA DE MADRID
Facultad De Filosofía Y Letras
Instituto Universitario De Estudios De La Mujer
Programa de Doctorado en Estudios Interdisciplinares de Género
Tesis Doctoral
Presentada Por Amira Salah Elsharkawy
Bajo La dirección De Prof. Dra. Dª. Elena Beltran
2020
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« The woman'' was perceived as essentially, or exclusively, a sexual being, unlike ''the man'' who was only partly understood in terms of his sexuality. Women were held to possess a more powerful sexual drive than men, posing a threat to society because of the chaos or fitna they could unleash. It was popularly believed that the mere proximity of a woman to a man would lead to sexual relations. To make matters still more fraught, women's sexual purity was linked to the honor of men and the family, while men's sexual purity was not linked to their own honor nor to that of their women and family. »
Margot Badran
Badran, M. (1996). p5
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FEMALE GENITAL MUTILATION: BETWEEN
RELIGION AND TRADITION
Table of Contents
Abstract…………………………………………………………………………. vi
Abstract (In Spanish) …………………………………….……………………. vii
Acknowledgments…………………………………………………….………… viii
Abbreviations and Acronyms………….………….…………………………… ix
Religious Terms in the Thesis ……………………………….…...……………. x
Introduction ……………………………………………………………………. 11
Chapter 1: Roots of Egyptian feminism of the 19th and 20th century...……… 20
1.1 Introduction …………………………………………………………………. 20
1.2 Modernization and intellectual enhancement during the 19th century………. 24
1.3 Egyptian Male reformers and the emancipation of women…………………... 33
1.4 The Emergence of the Egyptian feminist conscience………………………... 44
1.5 The 1919 Revolution and Women’s Participation in the Political Life. …….. 53
1.6 The Creation of the Egyptian Feminist Union in 1923………………………. 58
Chapter 2: Women’s Status starting from 1952 till now………………….……. 64
2.1. Introduction…………………………………………………………………. 63
2.2. Egyptian feminism between two revolutions………………….…………… 66
2.2.1. A turning point for feminism …………………………………………. 65
2.2.2. Legal attempts to improve the situation of women since the 1970…… 70
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2.2.3. A period of setbacks in Women’s historical gains……………………. 80
2.3. Towards addressing violence in the new era of the state……………………. 86
2.3.1. Violence as a broad term ……………………………………………. 86
2.3.2. Violence in the Egyptian Society……………………………………. 92
2.3.3. The role of the media ………………………………………………. 96
2.3.4. International recognition of violence against women as a problem…. 99
Chapter 3: Female Genital Mutilation/Cutting (FGM/C). 107
3.1. Introduction……………………………………...... 107
3.2.FGM: Terminology and Classification ………………………………………. 109
3.3.Negative Physical, Psychological and Sexual Effects of FGM …………...... 117
3.4. Women suffering FGM on Gender basis……………………………………. 121
3.5.International and National Recognition of FGM as Violence……………...... 131
3.6.Legislation on FGM in Egypt………………………………………………. 134
Chapter 4: Is FGM an Outcome of Islam? 145
4.1. Introduction…………………………………………………………………... 145
4.2. Islam a guidance for Muslima: An overview…………………………………. 149
4.2.1 Body, Marriage and Family in Islam. …………………………...……...... 152
2.2.2 Equality in Islam: Each responsible for own deeds……………………. 158
4.3. Female genital mutilation a mandatory religious act or imposed on religion 163
4.3.1 A mandatory practice in the name of religion……………………………. 165
4.3.2 A custom with no religious basis…………………………………………. 167
Conclusions ………………………………………………………………………... 175
References…………………………………………………………………………. 185
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ABSTRACT
The problem of female genital mutilation by which the external genitalia of girls are cut has always been an endemic problem in Egypt despite the lack of data. Existing studies reveal that such practice existed in Egypt since ancient times. However, feminist calls to combat it began since the 1990s. This fact led to a public debate until its abolition in 2008.
With the January 2011 Revolution, Egyptian society went into shock, when calls were made to revive the illegal practice of female genital mutilation. With the rise of patriarchal
Islamists to power, efforts were made to revive the practice of female circumcision that had been outlawed in Egypt since 2008.
Female genital mutilation has always been painted as a religious act, the fact that helped to increase the sense against Islam on the issue of women's rights. Therefore, in this thesis I advance through a hypothesis: female genital mutilation is not related to
Islam, but the misinterpretation of religion by patriarchal societies is responsible for women being exposed to such practice. Therefore, the objective of investigating FGM is primarily to address fundamental issues related to practice and try to refute misconceptions about female genital mutilation and Islam. After investigating the rights granted to women by Islam by reading the verses of the Qur'an and religious opinions on various topics, including the issue of female genital mutilation, I came up with a result that is the subordination of women and their position meant that patriarchal thoughts are socially constructed
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RESUMEN
El problema de la mutilación genital femenina por la que se cortan los genitales externos de las niñas siempre ha sido un problema endémico en Egipto a pesar de la escasez de datos. Los estudios existentes revelan que tal practica existía en Egipto desde la antigüedad. Sin embargo, los llamamientos feministas para combatirla comenzaron desde los anos noventa. Este hecho originó un debate público hasta conseguir su abolición en 2008. Con la Revolución de enero de 2011, la sociedad egipcia entró en estado de shock, cuando se hicieron llamamientos para revivir la práctica ilegal de la mutilación genital femenina. Con el ascenso de los islamistas patriarcales al poder, se hicieron esfuerzos para revivir la práctica de la circuncisión femenina que había sido ilegalizada en Egipto desde 2008.
La mutilación genital femenina siempre ha sido pintada como un acto religioso el hecho que ayudó a aumentar el sentido contra el islam en el tema de los derechos de las mujeres. Por eso, en esta tesis avanzo a través de una hipótesis: la mutilación genital femenina no está relacionada con el islam, sino que la interpretación errónea de la religión por parte de las sociedades patriarcales es responsable de que las mujeres estén expuestas a tal practica. Por lo tanto, el objetivo de investigar la MGF es principalmente abordar cuestiones fundamentales relacionadas con la práctica y tratar de refutar los conceptos erróneos sobre la mutilación genital femenina y el islam. Después de investigar los derechos otorgados a las mujeres por el islam al leer los versos del Corán y las opiniones religiosas sobre varios temas, incluido el tema de la mutilación genital femenina, salí con un resultado que es la subordinación de las mujeres y su posición significaba que los pensamientos patriarcales se construyen socialmente
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ACKNOWLEDGMENTS
With the completion of this thesis the pleasurable moment has come to remember the people who encouraged me to complete this research and to offer them my gratitude.
I start with the professors of the Women’s Institute of the Autonomous University of
Madrid, and in particular Professor Yolanda Guerrero, for the continuous help and support provided for this study. The guidance and advice I received from my professors during my Masters’ degree and my PhD research are deeply appreciated. I am deeply grateful to Professor Elena Beltran, Professor Cristina Sanchez, and Professor Silvina
Alvarez whose comments and edits greatly improved this paper. Also, I would like to express my gratitude to all the people who, directly or indirectly, have contributed to the elaboration of this thesis.
To my mother and father: There is no one word that can describe how much I appreciate your continuous efforts to raise me without any type of discrimination for being a girl. You were always by my side in my own decisions and always gave me the courage to move on with my educational journeys. To Yassin: Your continuous wishes and prayers that I finish my PhD as soon as possible are truly appreciated. To my sisters and my friends: Thank you for your support, help and encouragement towards finishing my PhD thesis. I am also grateful to the Egyptian women whom I met in Cairo and allowed me to discuss with them in informal conversations their personal experiences with female genital mutilation. It is my hope that this study will uncover some of the erroneous convictions regarding women.
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ABBREVIATIONS AND ACRONYMS
CEDAW Convention on the Elimination of all forms of Discrimination Against Women
CRC The Convention of the Rights of the Child
CSW Commission on the Status of Women
EDHS Egyptian Demographic and Health Survey
FC Female circumcision
FGM/C Female genital mutilation or cutting
ICPD International Conference on Population and Development
IMAGES International Men and Gender Equality Survey
NGO Non-governmental organization
NCW National Council for Women
MB Muslim Brotherhood
UNDP United Nations Development Program
UNFPA United Nations Population Fund
UNICEF United Nations Children’s Fund
UNIFEM United Nations Development Fund for Women
USAID U.S. Agency for International Development
WHO World Health Organization ix
RELIGIOUS TERMS IN THE THESIS
Ayah. Is the Arabic word “verse” which refer to one statement of various
statements which make up a chapter “Surah” in the Quran. Each Ayah
of the Quran is marked by a number. When there is a reference to more
than one Ayah, they are referred to by Ayat
Al-Azhar Al-Azhar is an Islamic institution which is the main responsible for
religious studies and Islamic affairs inside Egypt. The Grand Sheikh of
Al-Azhar is appointed by law from among the council of senior
scholars and is considered independent from the state authorities
Fatwa. A fatwa (fatawa in plural) in religion is an Islamic pronouncement on a
certain issue. It has to be made by an expert or a specialist in religious
law when uncertainty takes place on a certain issue in the Islamic
jurisprudence. The religious foundation in Egypt authorized in issuing
fatwas to the masses is Dar al-Ifta al Misriyyah and the person
authorized for this task holds the title of the Grand Mufti
Figh Understanding the Islamic jurisprudence
Hadith. Plural ahadiths refers to all what is said by prophet Muhammed
Haram It refers to any sinful action which is prohibited in the Muslim religion.
Hijab A head scarf or veil covering the hair. In Islam Muslim women are
requested to cover their hair and body leaving hands and face uncovered.
This request has been mentioned in the Qura’n in Surah An-Nur
and Surah Al-Ahzab of the Quran.
Ijmae It means consensus of Islamic scholars on a religious matter
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khul It refers to the divorce initiated by a wife by a judicial decree with
returning to her husband the amount of the dowry or what she received
from her husband.
Mufti Mufti or Grand Mufti occupies the highest religious authority in Egypt
and he is the one responsible of issuing fatwas on religious matters.
Prophet The prophet is the Messenger of God sent to humanity for leading them
to the good path in life according to God’s instructions. In the Islamic
religion, Prophet Muhammed is believed to be the last messenger of
God who was responsible of spreading the message of Islam
Quran Quran is the sacred book of the Islamic religion. It was revealed by God
on the tongue of angel Jibr to the prophet of Islam Muhammed and it
was carefully memorized by Muhammed’s companions. After the death
of the prophet, to save the Qur'an from being forgotten, the Qur'an was
collected in one book (Mushaf) by the order of the closest companion of
the prophet Abu Bakr al-Siddiq. Reading the Qur'an and memorizing it
are between the acts of worship by the Muslim towards his creator Allah
since everything in the life of a Muslim is linked to this book.
Ramadan Ramadan is a period of 30 days known as the holy month of Ramadan
during which Muslims fast from eating or drinking starting from sunrise
till sunset.Women are exempted from fastening during their menstrual
period of this month as well as from performing their prayers
Schools of fiqh Schools of Islamic thought or Islamic jurisprudence. Each of these
schools is called Mazhab which refers to a group of religious opinions
which dectate a certain rule for each issue. The accepted schools of fiqh
are; Maliki, Hanafi, Shafii, and Hanbali.
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Shafi`i Islamic law which include all laws, rules, regulations derived from
The main sources of Islam; Quran and Sunna in order to achieve
people's interests and happiness in matters of worship, morality and
dealing with others in all fields and systems of life.
Sheikh A tittle given to an Islamic cleric. Also, it is used for the highest
official in Al-Azhar who is titled Sheikh of al-Azhar
Surah Quran consists of 114 Surah (chapter) each is given a name.
Sunna. The Sunnah is the second source of legislation in Islam. It includes all
information about the prophet’s moral, ethical qualities, including
daily details of his relationship with his companions, his relationship
with his wives, and his attitudes with other people. It has been
transmitted from generations to generations.
Tafsir. It is a term which refers to the explications of the Quran.
Waed It is a custom prevailed in pre-Islamic period through which girls were buried alive just after birth
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INTRODUCCIÓN
La historia de la humanidad está llena de múltiples formas de violencia contra las mujeres, tanto en la vida privada como en la pública. Es un fenómeno universal que afecta a las mujeres de todo el mundo independientemente de su credo, educación, edad o situación económica. La violencia contra la mujer existe desde que el hombre está en la tierra y este hecho ha ido pasando por las diferentes etapas de la historia hasta llegar finalmente a nuestro tiempo. Si analizamos el problema a través del prisma de género, una de las características distintivas de la violencia dirigida hacia las mujeres es que hay un objetivo específico: controlar a las mujeres y someterlas al poder masculino. ¿Con qué finalidad? Para proteger y mantener un sistema de poder en la vejez, que la teoría feminista define como patriarcal. Según esta teoría, el concepto de Patriarcado organiza la relación binaria hombre / mujer y transforma las diferencias biológicas entre ellos en desigualdades sociales establecidas donde se atribuyen ciertos valores a cada sexo. La violencia se produce a partir de este sistema para mantener el poder masculino.
En ciertas sociedades donde las relaciones humanas se rigen severamente por normas patriarcales, la violencia a menudo se disfraza de costumbres y prácticas sociales que se transmiten a través de la cultura y luego afectan a la mujer. A menudo estos hechos son defendidos por estereotipos comunes y frecuentes conceptos erróneos culturales sobre las mujeres. Entre ellos, la idea de que una mujer no es totalmente responsable de proteger su honor o virginidad y esto ocupa un lugar primordial. Este concepto está vinculado a una creencia común adoptada por algunos conservadores que describen a las mujeres en general como seres humanos que poseen una enorme pasión sexual que podría conducir al caos moral.
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Desafortunadamente, están justificados por un discurso religioso por parte de algunos segmentos radicales de la sociedad que usan interpretaciones erróneas de la religión para degradar a las mujeres en contra del alto estatus que el Islam les otorgó. Esto hace que un amplio abanico de mujeres de la sociedad egipcia esté en una situación de inferioridad en la que sufren ciertas formas de violencia tanto en el ámbito privado como en el público como resultado de esos estereotipos.
El problema de la violencia contra las niñas y las mujeres siempre ha sido un problema endémico en Egipto a pesar de la escasez de datos. Los estudios existentes revelan que existían varias prácticas violentas en la antigüedad. Sin embargo, los llamamientos feministas para combatir la violencia comenzaron en el siglo XX y, en, concreto cuando comenzaron a exigir la abolición de ciertas prácticas. Entre ellas, la mutilación genital femenina, por la que se cortan los genitales externos de las niñas. Este hecho originó un debate público hasta conseguir su abolición en 2008. Con la Revolución de enero de 2011, la sociedad egipcia entró en estado de shock, cuando se hicieron llamamientos para revivir la práctica ilegal de la mutilación genital femenina. Con el ascenso de los islamistas patriarcales al poder, se hicieron esfuerzos para revivir la práctica de la circuncisión femenina que había sido ilegalizada en Egipto desde 2008.
Con este objetivo se difundió entre los ciudadanos analfabetos la idea de que las niñas que no estaban circuncidadas carecían de fe religiosa. Se hizo evidente que, a pesar de los esfuerzos realizados para combatir la circuncisión femenina en las últimas décadas, y a pesar del compromiso de Egipto con las convenciones y acuerdos internacionales sobre mujeres que el Estado ratificó, esas llamadas de reactivación de la mutilación genital femenina utilizaron el mismo discurso retórico sobre la circuncisión femenina. Las mujeres vieron en tales llamadas un retroceso frente a las ganancias de todo lo conseguido en las diferentes fases históricas. Sorprendentemente, esas llamadas se hicieron después
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de varias décadas de lucha para poner fin a tal práctica en un país conocido por su larga historia de feminismo y hogar de la institución islámica más antigua y más grande "al-
Azhar" con sus opiniones moderadas sobre el Islam.
La lucha contra la mutilación genital femenina siempre ha estado presente en la batalla de las feministas contra la discriminación de la mujer, aunque se puede argumentar que el caso de la violencia contra las mujeres en períodos de agitación política era una mera distracción de la situación política en curso. Sin embargo, el tema de la violencia contra las mujeres es más profundo que una situación política, siempre estuvo presente en la ideología del extremismo y el patriarcalismo. Siempre se había utilizado contra las mujeres por ejercer el poder masculino. Teniendo en cuenta que el término violencia contra las mujeres abarca una variedad de prácticas y dado que cubrirlas está más allá del alcance de este estudio, por lo tanto, el enfoque principal de esta tesis estará en la mutilación genital femenina, que ha sido un tema polémico en Egipto.
Objetivos
Mi desagrado como mujer musulmana residente en un país extranjero donde es una idea generalizada que todas las prácticas discriminatorias contra la mujer son el resultado del Islam me empujó a investigar la verdad de tal práctica en las fuentes árabes y religiosas. En esta tesis avanzo a través de una hipótesis: la mutilación genital femenina, así como otras prácticas violentas contra las mujeres, no están relacionadas con el Islam, sino que la interpretación errónea de la religión por parte de las sociedades patriarcales es responsable de que las mujeres estén expuestas a la violencia. Lo que me preocupa aquí son dos cosas:
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• En primer lugar: la mutilación genital femenina siempre ha sido pintada por
Occidente como un acto religioso que ayudó a aumentar el sentido contra el Islam
en el tema de los derechos de las mujeres.
• En segundo lugar: este hecho siempre ha estado vinculado a la religión en Egipto
por una gran parte de la población, lo que resultó fundamental para su difusión en
un país donde la religión representa un aspecto muy importante en la vida social,
política y económica de las personas.
Ser musulmana me impidió adoptar una visión externa del Islam y aceptar lo que me pareció poco convincente. Por lo tanto, el objetivo de investigar la MGF es principalmente abordar cuestiones fundamentales relacionadas con la práctica. Mi objetivo, por lo tanto, es tratar de refutar los conceptos erróneos sobre la mutilación genital femenina y el Islam a partir de mi creencia y convicción de que el uso de un discurso religioso y el extremismo en el pensamiento sobre las mujeres se mantiene con un ciclo de violencia. Este ciclo no solo afecta a las mujeres en el tema de la MGF, sino que se extiende para afectarlas en todos los demás aspectos de la vida. El uso de la religión a través de interpretaciones erróneas de la misma para justificar las prácticas sociales impuestas a las mujeres de forma estricta en algunas prácticas priva a las mujeres de muchos derechos prescritos por el Islam.
Para examinar el tema de la mutilación genital femenina en Egipto, que es una manifestación de violencia, es crucial comprender la situación de las mujeres dentro de la sociedad egipcia. Conocer el pasado del feminismo egipcio y colocarlo en su contexto histórico es crucial para tener una idea de cómo el desarrollo político, cultural o social configuraron una identidad femenina. Fueron los esfuerzos de las primeras feministas las que desarrollaron un discurso que comenzó con una llamada a la educación de las mujeres
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y a la abolición de la segregación de género que abrió la puerta en las décadas modernas para que las nuevas generaciones incluyan, en sus demandas feministas, temas tabú como la práctica de la mutilación genital en el discurso público de los siglos XX y XXI.
Metodología
La tesis se divide en cuatro capítulos:
Capítulo 1: proporciona una visión general sobre las ideas innovadoras surgidas dentro de la sociedad egipcia durante el período de la iluminación árabe, durante el cual un despertar intelectual abrió la puerta a la participación de las mujeres en la vida pública durante un tiempo en que las mujeres se mantenían dentro de la sociedad, en la esfera doméstica, lo que en árabe se denominó "harén". Luego, el capítulo proporciona a los lectores una idea de la aparición del feminismo egipcio y muestra cómo las primeras feministas se comprometieron profundamente en la lucha por mejores oportunidades hasta que se convirtieron en una fuerza real detrás de la transformación del estatus inferior de las mujeres durante la última década del siglo XIX y el comienzo del siglo XX. Su conciencia de género nacida de sus propias experiencias personales se había transformado en una ideología feminista a principios del siglo XX. Las mujeres egipcias, por lo tanto, penetraron en la vida pública a través de la enseñanza y la filantropía como dos campos aceptados para su interacción en un espacio público dominado por los hombres. Sin embargo, la situación política del país y el levantamiento de la revolución de 1919, seguida por la exclusión de las mujeres de la participación política, llevaron el activismo de las mujeres a un nuevo camino. Su activismo tomó una forma más organizada y se vincularon con el feminismo internacional. Fueron los esfuerzos de esas primeras feministas lo que garantizó a la generación futura la libertad de movimiento y la inclusión en el dominio público. Intenté a través de este capítulo utilizar el orden cronológico para
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tratar las transformaciones que tuvieron lugar en Egipto hasta finales del siglo XIX y principios del siglo XX.
Capítulo 2: proporciona una imagen de las transformaciones que tuvieron lugar dentro de la sociedad egipcia y que desempeñaron un papel importante en el cambio de la condición de la mujer desde la segunda mitad del siglo XX hasta la actualidad. Aunque los problemas de las mujeres no fueron la principal preocupación de los actores políticos durante varias décadas, la inclusión de los temas de mujeres y género en la agenda política se intensificó recientemente durante el régimen del presidente Sisi. El estímulo permanente para las mujeres egipcias se reflejó aún más en la reciente remodelación del gabinete de diciembre de 2019, que fue testigo de la asunción de 7 carteras ministeriales por parte de las mujeres. El capítulo dos, por lo tanto, comienza con un período muy crítico durante el cual las ganancias históricas de las mujeres estuvieron en peligro. Tal período nombrado por el término "Primavera Árabe" fue testigo de una agitación política y el ascenso de una fuerza extremista al poder, seguida de la exposición del cuerpo de las mujeres a la violencia. A raíz de la destitución de Mubarak del poder, se celebraron elecciones parlamentarias durante el 2011. Durante las elecciones, los islamistas ganaron la mayoría de los escaños y, en consecuencia, los derechos de las mujeres obtenidos en décadas anteriores fueron atacados. El grupo de los Hermanos Musulmanes tenía como objetivo poner sus intereses por encima de los intereses de otros segmentos de la sociedad.
Las mujeres se estaban convirtiendo en blanco de su violencia; un hecho se cristalizó al eliminar un artículo del proyecto de constitución que criminalizaba la discriminación de género. Dirigieron su ataque hacia la Convención contra todas las formas de discriminación contra la mujer (CEDAW), las enmiendas hechas a las leyes y disposiciones que benefician a las mujeres, y en particular hacia la ilegalización de la mutilación genital femenina (MGF). No solo atacaron la ilegalización de la mutilación
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genital femenina, sino que también tuvieron como objetivo revivir esta práctica ilegal.
Para esto, lanzaron campañas de propagación y convoy móvil de caridad en mayo de 2012 para llevar a cabo la mutilación genital femenina en pueblos y procedencias de la parte sur de Egipto.
El capítulo también revela que, a pesar de que los temas de violencia y género habían sido descuidados en los estudios académicos y políticos egipcios durante varias décadas, recientemente, estos temas han sido tratados en varios artículos y estudios. El período que comenzó en 2014 representó un período de avance para los derechos de las mujeres en
Egipto, ya que el problema de la violencia contra las mujeres se había incluido en la agenda política del nuevo gobierno. Este período comenzó con la adopción de la
Constitución de 2014, que favoreció los derechos de las mujeres. Mi objetivo en este capítulo no era centrarme en el discurso de la violencia, sino proporcionar un trasfondo general sobre la violencia que nos permita en el siguiente capítulo examinar en profundidad uno de los tipos de violencia dentro de Egipto; a saber, la práctica de la mutilación genital femenina. Aunque el tema de la violencia contra las mujeres no ocupó los primeros debates en el feminismo occidental o egipcio, sin embargo, el problema de la violencia se incluyó más tarde en la teoría feminista como uno de los principales problemas que afectan a las mujeres y una de las principales razones detrás de su discriminación en sus sociedades.
Capítulo 3: este capítulo analizará una manifestación de violencia, a saber, la MGF. A través del capítulo, me sumergí con entusiasmo en la práctica al presentar el significado, los antecedentes, la clasificación y la medicalización del procedimiento, así como sus consecuencias negativas para la salud. El capítulo también proporciona información sobre la legislación adoptada en Egipto para combatir la práctica durante varios años hasta que la batalla legal sobre la mutilación genital femenina terminó en 2016 con el parlamento
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egipcio aprobado para aplicar una severa pena a los perpetradores de la mutilación genital femenina. Dado que "Mutilación Genital Femenina" es un término recientemente adoptado por la comunidad internacional para referirse a la severidad de la práctica. La práctica había sido mencionada durante mucho tiempo por el término circuncisión femenina. Entonces, ocasionalmente puedo usar el término circuncisión en particular mientras escribo sobre el período anterior a la adopción del término universal. Luego, el capítulo ilustrará la prevalencia de la práctica dentro de la sociedad egipcia, mostrando cómo se percibe entre las poblaciones y qué hay detrás de esta realidad. Una explicación de las razones que subyacen a la pregunta de por qué las familias aún defienden una práctica que se ha demostrado que es peligrosa. Se han explorado muchas razones en torno a la convicción de la gente común de que la práctica es buena para las niñas, todo lo cual es el resultado de los estereotipos sociales de género que se crearon desde los viejos tiempos. Esos estereotipos abogan por la idea de que las mujeres tienen un sentido muy sexual que pone en peligro su virginidad y su honor. Lo sorprendente de estas nociones es que a menudo son alentadas y defendidas por un discurso religioso por un segmento importante de los jeques de predicadores religiosos radicales. El asunto que me lleva a examinar en el siguiente capítulo la postura religiosa de la mutilación genital femenina para descubrir el objetivo principal de esta tesis, es si la mutilación genital femenina es un mandamiento islámico o no.
Capítulo 4: trata de proporcionar una discusión coherente sobre un tema contencioso: La práctica de la mutilación genital femenina desde un punto de vista religioso. La primera parte del capítulo ofrece a los lectores una breve introducción sobre el Islam para aquellos que no tienen antecedentes islámicos. La introducción también destaca que el Islam viene con reglas y regulaciones para hombres y mujeres y que sus versos incluyen los derechos de las mujeres en muchos aspectos de la vida sin discriminación. A través de mi búsqueda,
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cité los versos del Corán utilizados por diferentes fuentes para defender la opinión de que el Islam brinda a las mujeres derechos y dignidad. Luego, la segunda parte se centra en las opiniones religiosas sobre la práctica controvertida de la mutilación genital femenina.
Esas opiniones opuestas tanto de los opositores como de los partidarios de la práctica marcaron un largo debate sobre si es exigido por el Islam o impuesto al Islam.
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Chapter 1
Roots of Egyptian feminism of the 19th and 20th century
1.1 Introduction
After the death of Prophet Muhammed, and with the aim of spreading Islam in other countries, warriors from the Arab Peninsula “had swept out of Arabia” to conquer new areas.1 In 639 Egypt ,whose native inhabitants were different in language and religion from the Arabs, was conquered under the leadership of Amr ibn al-As. The native inhabitants were given the choice of adopting the new religion of Islam, or of retaining their Christian religion. Most inhabitants retained their own religion and therefore “the process of Arabization and Islamization that eventually took place was to take several centuries”.2 Under the rule of the Arabs, Egypt witnessed several types of governments who applied in their judging the Islamic law "Sharia" which was based on the Quran and the sayings of prophet Muhammed.3 Several changes during the rule of the Arabs have taken place which transformed Egypt from a Coptic Christian country to an Arab Muslim one. After becoming a province of a great Arab empire ruled by Caliphs in Medina and governor in Egypt, many Arab tribes migrated to Egypt during the eighth century, the
1 Hopwood, D. (1982). Egypt: Politics and society 1945-1981. London: Allen & Unwin.p9 2Marsot, A. L. A. S. (2007). A history of Egypt: from the Arab conquest to the present. Cambridge University Press. pp 1-29 3 ibidem 20
language of administration was replaced by the Arabic language, and the Coptic language disappeared.4
In 969, Egypt witnessed the beginning of a new dynasty, that invaded Egypt and lasted for two centuries until 1171. The Fatimi dynasty of North Africa introduced to
Egypt “strange laws” including prohibiting women from appearing in public spaces. It was during such era that the crusaders invaded Egypt and caused insecurity among the population. This matter led to the interference of the Syrian armies in the Egyptian territories in 1169 “to oust the crusaders” and protect a Muslim country. The invasion of the Syrian troops in Egypt marked a victory against the Crusaders and ended the Fatimi
Dynasty with its shii Islam to mark a beginning of the Ayyubid Dynasty with its Sunni
Islam. During the rule of the Ayyubids, Egypt became a great intellectual and religious center for the Muslim countries. By the end of their Dynasty, the Turkic slave-soldiers named the ‘Mamluks’ who had been recruited to their armies marked a new era in the
Egyptian history.5
During the Mamluk dynasty (1250-1516) Egypt was dominated by Turkic- speaking rulers who were strong and were respected by the native population at the beginning of their rule because they defended Egypt against the invaders (the Mongols).
Most of them were brought at younger age and were trained into military professions not available for the common people at their time. However, the Mamluk dynasty introduced to Egypt the system of slavery which lasted for several centuries.6 Such system of slavery female Slaves who were considered objects to be sold, purchased, or inherited either for
4 Thompson, J (2008): A history of Egypt: from earliest times to the present. American University in Cairo Press, pp 167-169 5 Marsot, A. L. A. S. (2007). A history of Egypt: From the Arab conquest to the present Cambridge University Press. pp 1-29 6 Ibid.Pp. 31-47 21
households’ services or as concubines for “sexual benefits” of their owners.7 These women had been brought from different countries such as Bosnia, Russia, or Ethiopia.
They were also kept in private domain or the harem of wealthy families.8 And by the term harem here it refers to something sacred and forbidden to be violated. It can either refer to a space reserved to female members of the house inaccessible by male strangers or can refer to female members of households. Under the system of such harem, women witnessed seclusion inside their domestic spaces and differential treatment between male members of their family and themselves. Most often deprived of education, betrothed into early marriages, and had their faces covered in the public sphere as will be discussed later in the chapter. By the end of the fifteenth century, the Ottoman Empire became stronger in their military power and represented a threat to the Mamluks of Egypt. In 1517, the
Ottomans entered Cairo and turned it to a province of a great Ottoman empire that shared the same religion but not the same language nor ethnicity. The Ottoman rule of Egypt
(1516-1805) depended on entrusting the Egyptian government to a Mamluk appointed by
Ottoman Sultan. Consequently, the Mamluks remained holding political and financial authority in Egypt which made the Ottoman viceroy only “a figurehead” and the Mamluks the true rulers of Egypt until the French occupation of Egypt in 1798.9
The French invasion of Egypt in the 18th century marked the beginning of a modern era and the “incursion of a European power” inside a Muslim territory which had been isolated from the West and from any kind of modernization.10 It was under the leadership of Napoleon Bonaparte, in 1798, that the French armies invaded Egypt accompanied by
7 Hanna, N. (2005). Sources for the study of slave women and concubines in Ottoman Egypt. In Sonbol, A. E. A. (Ed.). (2005). Beyond the exotic: women's histories in Islamic societies(pp.119-130). American University in Cairo Press. 8 Baer, G. (1967). Slavery in nineteenth century Egypt. The Journal of African History, 8(3), 417-441. 9 Marsot, A. L. A. S. (2007). A history of Egypt: From the Arab conquest to the present Cambridge University Press. Pp.31-51 10 Moaddel, M. (1998). Religion and women: Islamic modernism versus fundamentalism. Journal for the scientific study of religion, 108-130. 22
a large number of scientists. The aim of the French invasion was to turn Egypt into a
French colony as well as controlling an important route of the British which leaded to
India. Exceeding the Mamluks in number and in military discipline, the French soldiers, launched a battle against them in which a great number of Mamluks were killed and the survivors fled to Upper Egypt.11 By the fleeing of the Mamluks to Upper Egypt, the common population became convinced that those were incapable of protecting their land from foreign invaders. Thus, they realized that they needed different rulers who could replace those Mamluks.12
In 1801, a combined British and Ottoman forces organized an expedition on Egypt and ousted the French resulting a ''chaotic'' period characterized by a struggle on power control between the Ottomans, the Mamluks, and the British. Desperate of the situation of insecurity and instability prevailing in their country, the religious leaders known as the
Ulama became aware that Egypt needed a strong ruler. Thus, they asked Muhammed Ali, an officer who had entered Egypt in 1801 with a Turkish force to fight the French, to become their governor.13 It is worth mentioning that those Ulama were men of religion who came from urban and rural parts inside Egypt and then occupied a special position in society during the 18th century when religion dominated the life of the people. They were influential and worked as intermediators between the citizens and their ruler to the extent that they had been regarded by the Egyptian population as their true leaders. They gained their political and economic power during the rule of the Mamluks and the French occupation of Egypt. Such importance given to them was seen when Napoleon Bonaparte aimed at winning their loyalty out of his recognition of the important position they
11 Thompson, J (2008): A history of Egypt: from earliest times to the present. American University in Cairo Press, pp 219-220 12 Marsot, A. L. A. S. (2007). A history of Egypt: From the Arab conquest to the present Cambridge University Press. Pp 49-69 13 ibidem 23
occupied among the native population. However, the role of the Ulama demised in 1805 when Muhammed Ali ruled the country.14
1.2. Modernization and intellectual enhancement during the 19th century
By 1805 Muhammed Ali had been recognized by the Egyptian people as their ruler
“who was to change the history of Egypt. To consolidate his rule, Ali first directed his efforts to eliminate any possible obstacle to his power. For this, first he killed the
Mamluks, then he directed his efforts towards building his own army and modernizing his country.15 His efforts towards strengthening the army and turning it into a “European- style fighting force” aimed at following the steps of Europe of “a dynamic society rationally exploiting its resources and administering its affairs, with national strength as the criterion of law and policy.”16 Thus, he worked on building modern economy and on improving the system of irrigation and transportation as well as creating advanced industries. Not only did Ali focus his efforts on the economic improvement, but also he directed his plans towards the intellectual enhancement of the people. For this, he opened schools, sent educational missions to Europe and requested the translations of European works to be printed in the press. According to the historian Albert Horani, the libraries of the schools Ali opened, for example, included works of Voltaire, Rousseau and
Montesquieu.17 His efforts of encouraging the translations of European works during the
14 Marsot, A. L. A. S. (1973). The Political and Economic Functions of the 'Ulamā' in the 18th Century. Journal of the Economic and Social History of the Orient/Journal de l'histoire economique et sociale de l'Orient, 130-154. See also Burke, J. C. (1992). The Role of the ʻUlamāʼ During the French Rule of Egypt 1798-1801 (Doctoral dissertation, McGill University Libraries). 15 Marsot, A. L. A. S. (2007). A history of Egypt: From the Arab conquest to the present Cambridge University Press. pp. 29-69. See also. Baer, G. (1967). Slavery in nineteenth century Egypt. The Journal of African History, 8(3), 417-441. 16 Hourani, A. (1962). Arabic thought in the liberal age 1798-1939. Cambridge University Press.Pp51-54 17 ibidem 24
first half of the 19th century, were directed towards enabling doctors, engineers and army officers to learn western sciences.18 The reforms adopted by Muhamad Ali, also included medical reforms by which he approved the project presented to him by the French doctor
Clot Bay of opening a school for midwives in 1832 where girls were instructed in subjects related to curing diseases and child delivery. With the opening of the school in 1832, and due to families' refusal to send their daughters for education due to their conservative traditions, slaves were bought by Clot Bey during the first year, to be instructed in such school. In the following year orphans and most needed girls were convinced to join the school where education was free as well as a financial remuneration was given. 19
Sending educational missions to Europe to enable Egyptian students to acquire new European sciences and modern technologies had a positive impact on the future of
Egypt and, consequently, on the situation of women. The impact of the European modernization, either directly by the contact with the Europeans or indirectly through translations of European works, pushed reformers to criticize certain aspects existing inside the Egyptian society.20 Such criticism formed part of an intellectual awakening movement known in Arabic by the term al-Nahda which literally means Renaissance or
Modern Renaissance. This movement of (al-Nahda) took place during the first half of the 19th century a period during which Islamic intellectuals had encountered with the western development and came to realize the existing gap between their own societies and the west.21 This encounter had made them recognized that their society had reached a state of decline and stagnation as a result of ignorance which had led to people’s
18 Patel, A. (2013). The Arab Nahdah: The making of the intellectual and humanist movement. Edimburgo: University Press.Pp163-164 19y Sel, C. R. D. A. (1989). Historia del movimiento feminista egipcio. Universidad de Granada. Pp159-160. 20 Moaddel, M. (1998). Religion and women: Islamic modernism versus fundamentalism. Journal for the scientific study of religion, 108-130. 21 Patel, A. (2013). The Arab Nahdah: The making of the intellectual and humanist movement. Edimburgo: University Press. Pp12-13 25
backwardness. Hence, they advocated for the idea that it was necessary for the Islamic societies to borrow from the west to cope with the modernization process. Yet, this idea was controlled by a strategy of “acceptance and rejection.” In other words, their notion of learning from the European experience of modernization was encouraged only in matters related to acquiring sciences and modern technologies which were compatible with the Islamic values and traditions while at the same time rejecting western philosophical thought. 22
I want to point out here that the Arab Nahda during the 19th century was preceded by a similar intellectual movement in Europe which started from the late seventeenth century till the late eighteenth century. Such movement in Europe known as the
Enlightenment focused on the individual right in rational thinking. Initially, the ideas of the Illustration were based on the concept of the emancipation of any individual from any prejudice imposed since a human being is capable of using his rationality and reason.
Rationality, autonomy and emancipation, were therefore considered by intellectuals of such period as concepts that should be universalized and applied to the entire human species.23 In her book The origins of modern feminism: Women in Britain, France and the United States, Jane Rendall explained that intellectuals such as John Locke, Voltaire, and Diderot, had challenged the authority of that time and asserted the individual’s right in the enjoyment of conscience and freedom of speech as well as religion. In the Social
Contract, as Rendall further explained, Jean-Jaques Rousseau one of the famous intellectual of the Illustration, went further to assert the right of individuals to express their political opinions in the government as citizens. Nonetheless, the Enlightenment did not include women as equal individuals in the principles of rationalism but rather their
22 Ibid Pp 159-199 23 Beltrán, E., & Maquieira D'Angelo, V. (2001). Feminismos: debates teóricos contemporáneos. Madrid: Alianza Editorial.Pp17-20 26
position rotated around “what was natural for their sex” as appeared from Rousseau’s discourse on women.24 Rousseau claimed that women were lacking rational thought and creativity- characteristics that have been categorized with men - and that their functions were distinct from those of men due to their sexual and procreative functions. He further regarded woman as a source of danger and evil to men and the human world and therefore advocated for the idea of women’s subjugation. Rousseau’s ideas and theories regarding women, as highlighted Susan Okin, were “representative of a long tradition. They cannot, however, be glossed over as mere biases or assumptions of the contemporary scene or as anachronistic prejudices to which he gave little thought, which have slight bearing on the main body of his work, and which in all difference to his genius, should be tactfully ignored.”25
Rousseau differentiated in the moral conduct between males and females in his writings. According to him a man’s morals should be guided by his capacity of reason, while on the contrary his female companion should be guided through the opinion of the collective male group since she in not capable of reason. Rousseau ideas of the role of women is restricted to the domestic sphere where women should act as the guardians of morals without interfering into the public sphere which belongs to male members of society.26 Such belief included female education which should be restricted, as he believed, to preparing women from an early age in order to become good companions to men and making life for men more pleasant for men. Thus, Rousseau ideas and purpose of female education, according to Cristina Sanchez, was to cultivate female dependency.
Rousseau defended the structure of the patriarchal family by considering women as
24Rendall, J. (1985). The Origins of Modern Feminism: Women in Britain, France and the United States, 1780-1860. Macmillan Press.pp15-16 25 Okin, S. M. (1979). Women in Western Political Thought. Princeton University Press. 26 Beltrán, E., & Maquieira D'Angelo, V. (2001). Feminismos: debates teóricos contemporáneos. Madrid: Alianza Editorial 27
merely dependent human beings who belong to the private sphere due to their reproductive and sexual nature. On the opposite side, he considered men, as the source of income, independent human beings who belong to the public sphere. As a consequence of those ideas advocated by Rousseau and other intellectuals of his period, there appeared a group of intellectuals who adopted an opposite opinion. The exclusion of women from the universalist principles pushed prominent figures such as Condorcet and Mary
Wollstonecraft to reclaim the principles of the Illustration to include women as well as men. Condorcet, for instance contradicted those ideas of Rousseau and highlighted that the existing differences between men and women was an outcome of education by which an individual’s emancipation could be achieved.27
Further, such polemical debate led to the emergence of intellectual Salons in France in the 17th century, hosted by women and included well known philosophers such as
Diderot and Voltaire who discussed important issues related to women. During the period
1789 -1793 and through the 19th century, women claimed their right in the public sphere as citizens through their continuous calls for revindications to their rights to education, work, their rights inside marriage as well as their right to vote. Women’s demands for those rights resulted into some legal advancement in the French laws and the French
Constitution of 1791. However, such Constitution distinguished between men and women as active or passive citizens, the matter that resulted into the appearance of the
Declaration of the Rights of Woman and the Female Citizen (1791) by Olympe de
Gouges.28 During the 17th century, the French Francois Poulain de la Barre argued “that women are as capable as men of gaining the skills and knowledge that would enable them to participate equality in virtually all economic and social activities.” In France, by the
27 Beltrán, E., & Maquieira D'Angelo, V. (2001). Feminismos: debates teóricos contemporáneos. Madrid: Alianza Editorial.pp27-28 28 ibid. Pp30-32 28
late eighteenth century women claimed as well “that principles of the Enlightenment applied to them too, and that political rights belonged to them as much as to men.” Valerie
Bryson highlights that the feminist demands during the French revolution had great influence on other countries. 29
The debate on women and their rights did not appeared in France only, but was coined with other debates in different European Countries. In Britain, Mary
Wollstonecraft who was born in England in 1759, in her famous book A Vindication of the Rights of Women, she was concerned with refuting the ideas of Rousseau who claimed that the biological differences between boys and girls define the role of each sex and their education and insisted that principles of the Enlightenment could be applied to both sexes.30 She affirmed that women as individuals who possess reason should acquire human virtues in the same manner as men.31 Wollstonecraft highlighted the idea that women were transformed into weak human beings through the education they receive as a result of cultural influence which aims to justify such weakness as a natural factor. She believed that women’s education cultivates in them their individuality as a rational and autonomous beings.32
Mary Wollstonecraft, moreover, refuted the idea of the “ascribed social roles” that are associated to both men and women and claimed women’s right in education, employment and freedom of choice. Her ideas -as highlights Bryson- “were to lead to
29 Bryson, V. (2003). Feminist political theory: An introduction (2nd ed.). New York; Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. Pp15-16 30 Ibídem 31 Beltrán, E., & Maquieira D'Angelo, V. (2001). Feminismos: debates teóricos contemporáneos. Madrid: Alianza Editorial. Pp32-33 32 Beltrán, E., & Maquieira D'Angelo, V. (2001). Feminismos: debates teóricos contemporáneos. Madrid: Alianza Editorial. Pp32-35 29
later campaigns for women’s suffrage and legal rights and, eventually to the demand for equal participation with men in the worlds of politics and paid employment”.33
In her book A Vindication of the Rights of Women which published in 1792, she demanded equal education for both sexes and the rights for citizenship for women. Wollstonecraft also criticized Rousseau’ ideas which conceptualized a female model through which women were depicted as weak and inferior to men, which is a matter that contradicts
Nature. In her criticism of Rousseau’s female model – which was represented in the character Sofia - Wollstonecraft criticized Rousseau’s artificial model of a woman explaining that such model is an imaginary model invented by Rousseau which has no historical roots. For Wollstonecraft, as highlights Celia Amoros, the principle criticism towards Rousseau is his way of analyzing customs and habits as if they were a product of nature ignoring the fact that women is directed towards such characteristics through a process of socialization since an early stage.34
Moreover, in the 19th century, John Stuart Mill published his essay The Subjection of Women in 1869, which is considered a landmark in the history of feminism since Mill was “the only major liberal political philosopher to have set out explicitly to apply the principles of liberalism to women.” 35 Mill’s adopted a feminist thinking from an early age and during the period of the 1820s and 1830s, he criticized the common views on the position of women and the differential treatment towards both sexes and published some articles in the Westminster Review and Le Globe. Mill’s feminist beliefs were, further, enriched by several factors including his inspiration and admiration of strong female characters such as Harriet Taylor whom he met in 1830. Such influence played an influential role, as highlights Jane Rendall, in “leading Mill towards an unusually
33 Bryson, V. (2003). Feminist political theory: An introduction (2nd ed.). New York; Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p17 34 (Amorós, 1994) Pp23-26 35 Okin, S. M. (1979). Women in Western Political Thought. Princeton University Press. 30
sympathetic treatment of women’s situation.” Mill stance towards the issue of women- as highlights Jane Rendall- articulated through two perspectives; the Utilitarian and the
Liberal perspectives. From the utilitarian perspective, he considered women’s position and enhancement as beneficial to the whole society while from liberal perspective, he considered women’s enhancement as necessary for their own individuality. Mill rejected the idea of women’s biological inferiority and argued that such inferiority is an artificial product of the process of their upbringing through which they were raised from an early age to accept submission. He called for the legal reform of marriage inside Britain to allow women equality inside the family. He called for women’s participation in public professions and occupations.36
Despite that it appeared to me that there is no enough documented Arabic material that speaks about the direct influence of the European illustration on the Arab awakening movement. Yet, there are various resources which speak about the influence of the
European modernization process and the image of the French women on Egyptian intellectuals. The reformers of the Enlightenment, for instance, included three prominent figures; Rifaa al-Tahtawi (1801-1873), Mohammed Abdou (1849-1905) and Qasim Amin
(1863- 1908). Though, the time difference between al-Tahtawi’s ideas and Amin’s ideas were fifty-five years, yet, the three of them had been residing in France for several years and all of them introduced modern and new challenging ideas on women of which both education and work were two important pillars for any enhancement of the society.
In introducing those ideas of elevating the status of their societies, al nahda reformers articulated innovative ideas inside their society. They based their arguments on the importance of re-examining Islam to challenge erroneous misconceptions regarding
36 Rendall, J. (1985). The Origins of Modern Feminism: Women in Britain, France and the United States, 1780-1860. Macmillan Press.Pp286-287 31
women and their situation in Egypt.37 Yet, those reformers did not reject the role of religion from their conception of modernity. Amin, for instance, when advocating his innovative ideas it seemed clear that he was not negating the role of religion in his discourse for modernity, but he was advocating for the rejection of any inherited custom which kept Egyptian women in an inferior status than that of the European women. This was reflected in his book when he explained that there was a need to disapprove any inappropriate inherited behavior and to follow the good ones. We can see this when he wrote:
“Should we be satisfied with our present condition and accept the ways of
our forefathers while others around us race toward happiness, the resources
of comfort, and positions of strength, thus quickly overtaking us? Should we
stand and stare at them, either because we are unaware of our position or
because we feel it and are perplexed and baffled by it? It is not our
responsibility to compare how others have advanced and how we have fallen
back? How they have become strong and we have become weak? How they
have become happy and we have become miserable? This comparison will
force us to look again at our religion and the ways in which our pious
predecessors lived, and to follow in their footsteps. We like them, will then
listen to the teachings, follow the good aspects of those teachings, learn to
disapprove of inappropriate behavior, accept the good components, and walk
the road of happiness, progress and strength.”38
37 Badran, M. (1995): Feminists, Islam, and Nation: gender and the making of modern Egypt, Princeton University Press, New Jersey. 38 Amin, Q. (2000). The Liberation of Women and the New Woman: Two documents in the history of Egyptian feminism, trans. S. Sidhom Peterson, Cairo: American University of Cairo Press. P46 32
1.3. Egyptian Male reformers and the Emancipation of women
Rifaa al-Tahtawi was the first intellectual to include women in his discourse of modernity.39 Born in a religious family in the town of Tahta, he moved in 1817 to Cairo to study in al-Azhar and later became one of the members of Muhammed Ali’s missions sent to study in Paris. The period of 1826-1831 which he spent in France had marked an important phase in his life during which he focused his efforts on studying the French language and on reading books for big philosophers such as Rousseau and Voltaire. His experience in Paris and his admiration of the French modern life with its cleanliness, education of children, and intellectual curiosity were reflected in his writings.40 After his return from France he opened the door, starting from 1831, for future generations to use personal ijtihad or the rational interpretation of religious texts to reform the Islamic law.41
At the beginning of his writings, al-Tahtawi offered a description of the condition and life of the French women expressed his admiration of how those women had the freedom to express their opinions and take part in public life. Then he wrote in about the situation of Egyptian women criticizing social constraints forced on them which resulted in their backwardness.42 Believing in the importance of education, in his famous book named Al-
Murshid al-Amin fi Tarbiyat al Banat wa'l Banin in 1872 which literally means (The honest or Trusted Guide for the Education of Girls and Boys), Al-Tahtawi advocated for female education including reading and writing which he considered important for every girl’s manners as well as enriching her mind and knowledge to enable her to be worthy
39 El Sadda, H., & Abu Ghazi, I. (2001). Significant moments in the history of Egyptian Women. National Council for Women, Cairo. Egypt 40 Hourani, A. (1962). Arabic thought in the liberal age 1798-1939. Cambridge University Press.pp67-83 41 Patel, A. (2013). The Arab Nahdah: The making of the intellectual and humanist movement. Edimburgo: University Press. Pp181-199. 42 Khatab, F. (2007). Women and Pioneers of the Enlightenment. Egyptian General Book Authority. Cairo. 33
of admiration of her husband.43 Therefore, he asserted that girls should be educated on the “same footing” of boys. Yet his position on this issue was motivated by three purposes: preparing good wives, guaranteeing a good childrearing, and saving women from committing gossips. According to Hourani, al-Tahtawi did not “seem to suggest that they should come out of seclusion and take part in public life” 44
Similar to al-Tahtawi’s ideas, Mohamed Abdu emerged as another important intellectual figure of the Arab Renaissance who saw in the necessity of acquiring modern learning for civilization. Born in a small village in 1839 where he memorized the sacred book al-Quran, Abdu moved to Cairo to study in the Islamic religious institution of al-
Azhar where he gradually occupied several positions until he became the Grand Mufti of
Egypt. Abdu became known by his articles published in famous newspapers of his times such as al-Ahram. He called for a true understanding of the Islamic religion and advocated for the re-examining of the sacred texts, namely al-Quran and al-Sunnah. Away from the interpretations of different religious sects, Abdu believed that Islam is compatible with modernization and the acquisition of learnings. Therefore, he believed that any reform should begin with encouraging religious awareness among Muslims and fighting superstitions 45 He wanted to reconcile Islamic studies with the learning of modern developments in history, mathematics, and physics. For this he called for the reform of al-Azhar institution, however, his appeals concerning al-Azhar were faced with oppositions from conservative religious members.46 Like al-Tahtawi, Muhammed Abdu aimed at improving the social aspects of his society through gradual reform. And for this
43El Sadda, H., & Abu Ghazi, I. (2001). Significant moments in the history of Egyptian Women. National Council for Women, Cairo. Egypt 44 Hourani, A. (1962). Arabic thought in the liberal age 1798-1939. Cambridge University Press. Chicago. Pp77-78 45 Khatab, F. (2007). Women and Pioneers of the Enlightenment. Egyptian General Book Authority, Cairo.P24 46 Patel, A. (2013). The Arab Nahdah: The making of the intellectual and humanist movement. Edimburgo: University Press.Pp190-193 34
he regarded education as the “single most important means for reaching this goal.”47 By the 1870s, due to the political situation inside Egypt which paved the way for the appearance of a nationalist discourse, Abdu's ideas articulated within a nationalist argument in which he put emphasis in his articles on national education. 48 His school of thought influenced Qasim Amin, a young student of law who came to be the most important male reformer of al-Nahda and of the history of women’s enhancement.
A disciple of Abdu, Amin believed in the social reform, therefore he studied the reasons of his nation’s backwardness, the foreign control over his country’s resources, and linked this situation with women’s ignorance and her inferior status. For this, he believed in the importance of education and the reestablishing of the institution of the family as methods to gaining independence.49 Born in an aristocratic family, Qasim Amin was sent after graduation in 1881 from the Law school on an educational scholarship to
Europe. His study in the University of Montepellier in France and his exposure to the
European culture represented a “turning point in his life.”50 During the four years of his stay in Paris, Amin improved and enriched an intellectual thinking on important social and political issues of his time. First, he acquired an interest in reading works of big authors like Darwin, Marx and others. Then he engaged into a direct contact with
Egyptian national leaders, exiled in 1883, in Paris after the Ourabi Revolution. Those leaders included prominent intellectuals namely Jamal al-Din al-Afghani and Muhammed
Abdu. Amin believed that the enhancement of society could start by the social reform of
47 Ibídem 48 Hourani, A. (1962). Arabic thought in the liberal age 1798-1939. Cambridge University Press. Chicago. Pp130-160 49 Khatab, F. (2007). Women and Pioneers of the Enlightenment. Egyptian General Book Authority, Cairo. 50 Saad El-Din, Mursi (2005, September 15-21).Plain Talk, Ahram weekly online News, Issue No. 760 Retrieved from http://weekly.ahram.org.eg/Archive/2005/760/cu3.htm. Accessed 9/8/2017 35
citizens and the uplifting of women stance. For him women's non-contribution in society was “a major cause of its weakness.”51
After his return to Egypt, he incorporated into intellectual fields with a lot of publications. Among them, al- Masriyoun written in 1894 (The Egyptians), Tahrir al-
Maraa in 1899 (The emancipation of Women) and al-Maraa al Jadida in 1900 (The New
Woman). It is documented that his first book al- Masriyoun was published in response to a criticism written by a French writer Duc Harcourt on Egypt’s backwardness and the inferior status of its women. Such criticism contained prejudice against Egypt, the
Egyptians and Islam. Therefore, Amin took to the pen in an attempt to demonstrate that the status of backwardness and lack of education in which women lived should be subject to question and were to be blamed on social institutions which favored men over women.
As he put it, women had been governed during several generations by male tyranny and the rule of the strong.52 In his opinion, the degradation of women is not due to any difference in capabilities between men or women, but is due to the fact that men had used their physical and mental abilities to work and think for long generations during which women were deprived of using those abilities which resulted in their decrease.53
Hence, he directed his writing on aspects related to women in a time where women of the 19th century were obliged by traditions to have their faces covered in the public sphere wearing a veil, secluded into their private life, avoided from appearing in front of men who were not their relatives. In other words, women were living in what was called
Harem. The term is derived from the Arabic language which means something sacred and forbidden to violate. It can either refer to a space reserved to female members of the house
51 Umara, M. (2008) Qasim Amin’s Emancipation of women and the Islamic modernization, Dar al-Shorouk Publications. Cairo. Pp 17-49 52 Moaddel, M. (1998). Religion and women: Islamic modernism versus fundamentalism. Journal for the scientific study of religion, 108-130. 53 Abu Al-Asaad, M. (1994): Nbawyat Musaa and her role in the Egyptian life. Egyptian General Book Authority, Cairo 36
inaccessible by male strangers. Not only Women lived in seclusion in household space, but rather they witnessed a differential treatment between male members of their family and themselves. They most often were deprived of education and were betrothed into early marriages.54
Concerned about ‘the woman question’ as the term came to be known later, Amin throughout his comprehensive and excellent books The Liberation of Women and The
New Woman, addressed important issues at his time. He called for the emancipation of
Egyptian women through education, abolition of face veiling and the reform of the institution of the family.55 According to Ana de Miguel Alvarez, Amin’s two books occupy their own place within the Illustration of the Arab and Muslim world. In her analysis of Amin’s feminism, she explained that his feminism was mainly based on two thesis; the first was centered on women’s achievement of rights as the other male part of society and the second rotated around the notion that the emancipation of women is beneficial to the nation. 56 Concerning his first thesis, Amin based his emancipatory discourse on the notion that women considered equal human beings like men with the same ability of feeling and thinking:
“Who do u understand a woman to be? Like a man, she too is a human being.
Her body and its functions, her feelings, and her ability to think are the same
as a man’s. She has all essential human traits, differing only in gender. The
superior physical and intellectual strength of men can be best explained by
54 For more information on life under the harem system, see Shaʻrāwī, H. (1998): Harem Years: the Memoirs of an Egyptian feminist (1879-1924). The American University in Cairo Press, Egypt 55 Bier, L. (2011): Revolutionary Womanhood; Feminisms, Modernity and the state in Nasser's Egypt, The American University in Cairo Press, Egypt. Pp26-27 56 de Miguel Álvarez, A. (2007). El feminismo de Quasim Amin: entre los derechos humanos y el progreso social in Puente, C. A., & Kubissa, L. P. (2005). Feminismo y multiculturalismo. In Teoría Feminista: de la Ilustración a la globalización (pp. 215-264). Editorial Minerva. 37
considering the past, when for many generation men have been involved in
the world of work and in the pursuit of intellectual activities. During these
years women were deprived of all opportunities and forced into an inferior
position.” 57
Among these opportunities granted to men as mentioned in Amin’s discourse was education. The denial of the importance of education of daughters could be been when
Amin recalled in his book a discussion he had with a father of a nine-year old girl where the topic of educating girl was the focus of their conversation. He recounts that in response to his suggestion, the girl’s father expressed that the only education that a girl should get is that kind related to preparing her for the domestic sphere. At that point Amin highlighted the importance of education and criticized conservative families for depriving girls such right which improve their intellectual knowledge for the future. He rejected the limitation of girls’ instruction only to domestic household skills such as cooking, sewing or ironing. And believed in education as a “necessity of human life” which could elevate girls from an inferior position to a respectable one enabling them to her reject cultural superstitions. He further explained that an educated woman could develop skills such as self-esteem and high mental ability, characteristics which could enable her to protect her reputation more than an illiterate fellow of the womankind. Amin also pointed out that education could improve the self-protection of women with no male guardians, namely divorced and widows, for it could prevent them from accepting “improper occupations.”58
Amin’s emancipatory discourse extended to include other critical issues affecting women in society; namely the topic of face veiling and female seclusion. In view of the
57Amin, Q. (2000). The Liberation of Women and the New Woman: Two documents in the history of Egyptian feminism, trans. S. Sidhom Peterson, Cairo: American University of Cairo Press. p11 58Amin, Q. (2000). The Liberation of Women and the New Woman: Two documents in the history of Egyptian feminism, trans. S. Sidhom Peterson, Cairo: American University of Cairo Press. Pp11-34 38
prevalence of the veil during the 19th century among women in the Egyptian society,
Amin aimed at reconstructing the public debate on the issue of veiling. Here, I want to point out that the ‘Veil’ Amin considered in his discourse was not the veil which is mentioned in Islam, but rather, his criticism was directed to the face-cover which hide
“the nose, the mouth, and the jaws, and reveals the forehead, temples, eyebrows, eyes and cheeks, and sides of the neck.”59 He has sought to reassert that this custom was culturally imposed on Muslim woman “as a product of interactions among nations”. Therefore, he vigorously opposed that it was ordained by Islam or the Islamic law (Shari ‘a). On this subject he says:
“In truth, the gauze face-cover and the veil are not part of the Shari ‘a, in
terms either of piety or of morality. They have been handed down to us from
ancient traditions that preceded Islam and have continued to survive. The
proof is that this tradition is unknown in many other Islamic countries, and it
is still a custom in many Eastern countries that do not claim Islam as their
religion. Covering the bosom is part of Islamic Law- there are clear
admonitions about this- but nothing is mentioned about covering the face.”60
In his arguments, Amin depended on a religious discourse affirming that during the early years of Islam, many women were influential in the life of Muslims, such as the wife of the prophet Aisha who had contributed in the narration of many of the hadiths and deeds of the prophet.61 He argued that Islam was compatible with women’s emancipation since it has granted rights to women at times when they “occupied the
59 Ibid. P 42 60 ibid.Pp35-43 61 Ibid. P74 39
lowest status in all societies”62 Moreover, he believed that God granted human beings many privileges and therefore men and women could use them without segregating their world into two gendered spheres:
“God created this world and gave human beings mastery over it so that they
could enjoy the benefits according to what they can achieve. God granted
human beings privileges for administering this world, but He also placed
limitations on them. Thus, God established equality between men and women
regarding their obligations and privileges. God didn’t divide the universe,
making one part of it to be enjoyed by women alone and another to be enjoyed
by men, working in it segregated from women. In fact, He created the burdens
of life to be shared and controlled by both men and women.”63
Nonetheless, Amin’s criticism adopted a moderate idea between the west and the East. He didn’t intend to advocate for unveiling, but he rejected the social customs which overshadowed the Islamic veil mentioned in the Quran.64 His criticism was not directed toward the Islamic form of veiling mentioned in Quran, but rather toward the social transformation of this practice during his time. His discourse based on highlighting the dangers of seclusion since it transforms women into objects owned by men. According to him, these common customs belonged to ancient civilization which had survived.65 Amin explained that although women’s chastity was a necessity, what had not been accepted was the exaggeration of his
62 ibid.p 7 63 Ibid 64 Umara, M. (2008) Qasim Amin’s Emancipation of women and the Islamic modernization, Dar al-Shorouk Publications. Cairo.Pp 65-73 . 65 Moaddel, M. (1998). Religion and women: Islamic modernism versus fundamentalism. Journal for the scientific study of religion, 108-130. 40
society in using “all types of mechanisms to protect” such chastity.66 Good upbringing of girls, as he highlighted, instead of their seclusion was the protection of women from any type of corruption.
Amin's concern with the enhancement of the situation of women further pushed him to tackle matters related to the foundation of marriage which he considered a field of male tyranny against women. He believed that reforming the status of women could not be achieved only by changes in their form of upbringing, but rather by the "perfection of the institution of the family" which played an important role in the development of women. For him if women remained in a condition of ignorance of their rights, marriage will stay a site of inequality for them. In this matter, he again based his arguments on a religious discourse and explored both the definition of marriage in the Quran and the texts of Islamic theologians of his time. His comparison of both definitions opened his eyes on the degree of inferiority to which theologians of his time relegated women since the former defined it as a foundation based on mercy and love, while the latter described it as a man's right to sexually satisfy his desires with his wife. He blamed those scholars of being responsible of degrading the meaning of marriage to become only a tool to men’s pleasure while the authentic purpose of marriage should be based on mercy and love as the Quranic verse mentions. Amin insisted that the definition of marriage as mentioned in the holy Quran is much better than any modern adopted definition. Therefore, he stressed on the importance to drew on the learning of the Quran and the teaching of the prophet:
“whoever compares the first definition, written for us by our theologians,
and the second definition, revealed to us by God, will discover the degree of
66 Amin, Q. (2000). The Liberation of Women and the New Woman: Two documents in the history of Egyptian feminism, trans. S. Sidhom Peterson, Cairo: American University of Cairo Press.Pp35-45 41
inferiority to which our theologians relegate women. This low opinion has
spread from them to all Muslims. One should not therefore be surprised to
find that marriage also has fallen to a position of low regard in society; it has
become a contract permitting men to find pleasure in a woman’s body.”67
Tackling another matter related to marriage, Amin launched his severe criticism against polygamy which he regarded “nothing short of a legal trick to satisfy an animal- like desire.” He first explained that polygamy existed in ancient civilization where women occupied inferior social status and believed that whenever their status rises polygamy diminishes. Though polygamy could be used in very restricted cases, he defended monogamy as the best form of marriage. His rejection of this practice derived from his belief that polygamy “implies an intense contempt for women” and brings misery and discontent to the wife and the family. He called for a man who considers marriage to be their choice on the moral perspective rather than the physical one to choose the best wife for him.68 It was evident in Amin’s discourse that he believed polygamy to be a degradation of women and therefore he called for its restriction.69 Amin also rejected the idea of inheriting destructive traditional customs affecting women and society. He believed that traditions of predecessors are important with the condition of differentiating between good and bad ones.70
Amin’s defense of the emancipation of women and the elevation of their status received several criticisms by his contemporaries. His books, especially The Liberation
67 Amin, Q. (2000). The Liberation of Women and the New Woman: Two documents in the history of Egyptian feminism, trans. S. Sidhom Peterson, Cairo: American University of Cairo Press. P76-100 68 Ibid 69 Umara, M. (2008) Qasim Amin’s Emancipation of women and the Islamic modernization, Dar al-Shorouk Publications. Cairo, PP73-75. 70Amin, Q. (2000). The Liberation of Women and the New Woman: Two documents in the history of Egyptian feminism, trans. S. Sidhom Peterson, Cairo: American University of Cairo Press.Pp 102-104 42
of Women, “trigged an impassionate debate between reformists and traditionalists.”71 It was considered the biggest intellectual battle on a book during the whole century.72 The criticism launched against the book, as highlighted Marilyn Booth, derived from its title which to many represented an attack on women’s morals or a western propaganda aimed at destroying honors of an Islamic culture. The attack was even directed to Amin without reading the book but the emancipation of women as a tittle fueled angry among a conservative society.73 Many scholars of al-Azahar, for instance, refused to consider women as a source of a nation’s progress.74
Notwithstanding the vocal opposition directed towards Amin and his books by conservatives who regarded his ideas contrary to the authentic Islamic teachings, his approach to women, had paved the way for future discourses when Egyptian feminism made a resurgence in the 20th century. Indeed, he is considered the father of female liberation whose name still occupies a big space in intellectual debates on women since the roots of Egyptian feminism could be traced back to his publications. Amin’s writings on women’s emancipation and his calls for reforming the family institution, played an influential role in paving the way for the appearance of Egyptian feminism of the 20th century.75 His position about the “women`s questions” opened the door for following debates tackling the issue in several periodicals of the time.76
71 Hassan, F. (2001). Speaking for the Other Half. Al-Ahram Weekly On-line, (523), 1-7. http://weekly.ahram.org.eg/Archive/2001/523/sc3.htm. 72 Umara, M. (2008) Qasim Amin’s Emancipation of women and the Islamic modernization, Dar al-Shorouk Publications. Cairo. P63 73 Booth, M. (2001). Woman in islam: Men and the "women's press" in turn-of-the-20th-century Egypt. International Journal of Middle East Studies, 33(2), 171-201. 74 Khatab, F. (2007). Women and Pioneers of the Enlightenment. Egyptian General Book Authority. Cairo. P20 75 Hassan, F. (2001). Speaking for the other half, Al-Ahram Weekly On-line, issue No.523 accessed at: http://weekly.ahram.org.eg/Archive/2001/523/sc3.htm 76 Baron, B. (1994): The Women’s Awakening in Egypt. Culture, Society, and the Press. Yale University Press. London. Pp21-33 43
Though some has suggested, that Amin’s concern with women’s enhancement was motivated for the sake of the family and therefore represented a new form of husbands’ control over women.77 I believe that his arguments, during those years of the emerging debate, were suitable for his time. Above all, I suggest that in a conservative nation which were not yet prepared for accepting new changing in their social order, Amin's modest attempts for the elevation of women’s status were suitable for opening the door for following progressive demands. It would have been very difficult during such time where women were completely obscured from the public sphere, if he would have called for more emancipatory calls without trying to convince his contemporaries that those calls are of mutual benefit for both men and women.
1.4. The Emergence of the Egyptian feminist conscience
Influenced by Amin’s ideas, upper and middle-class women started speaking out and expressing their opinions on several social issues in writings scattered over place and time. According to Nabila Ramdani, at the end of the 19th century women started to “make their demands aired” through their articles in newspapers as well as through their poems.
Among the writers who played a great role in women’s awakening and in enhancing people’s awareness, just to name few, was Hind Nawfal, Zaynab Fawwaz, and Aisha al-
Taymurria..78 By the beginning of the 20th century, secluded women from all social classes outraged against their domestic confinement enforced upon them from male members of their families. They gradually abandoned their harem seclusion and became
77 Abu-Lughod, L. (2002). Feminismo y modernidad en Oriente Próximo, Ediciones Catedra, Universidad de Valencia. Pp378-382 78 Ramdani, N. (2013). Women in the 1919 Egyptian Revolution: From Feminist Awakening to Nationalist Political Activism. Journal of International Women's Studies, 14(2), 39-52. Retrieved from http://vc.bridgew.edu/jiws/vol14/iss2/5. Visited on 24/9/2017 44
an increasing presence in society.79 Their efforts to philanthropy also facilitated their mobility into the public space where they created charitable organizations.80 Among those created to raise the intellectual level of women were the Society for the Advancement of
Women in 1908, the Intellectual Association of Egyptian Women in 1914, the Society of the Renaissance of the Egyptian Women, and the Society of the New Women in 1919.81
Investigating in the history of Egyptian feminism, several women, as a number of writings attest had worked hard to achieve women’s rights during the 19th and 20th centuries. It appeared to me that feminism of the early 19th Century was born out of several female figures each had his part in including certain issue in the discourse of reform the status of women in those years. Yet, in Feminists, Islam, and nation: Gender and the making of modern Egypt, Margot Badran highlights that “Two Women born in the late nineteenth century shaped the history of feminism in Egypt in the first half of the twentieth century”. Those two figures; Huda Shaarawi (1879–1947), and Nabawiya Musa
(1886-1951) although belonging to different social classes, as mentions Badran, they played a significant role in articulating a female feminist discourse.82
Huda Shaarawi was born on 23 June 1879 in a rich family in Minya in Upper
Egypt. After her father’s death, in 1884, she was raised by her mother along with her brother in the harem culture. Huda’s name at birth is Nur al-Huda Sultan, daughter of
Muhammad Sultan Pasha who was an influential inside his country until he died when
Huda was at the age of five. She served the organized feminist movement from 1923 till
79 Boldea, I. (2013). Studies on literature, discourse and multicultural dialogue, Editor Arhipelag XXI. 80 Baron, B. (1994): The Women’s Awakening In Egypt. Culture, Society, and the Press. Yale University.PP168-187 81 Ahmed, L. (1992). Women and gender in Islam: Historical roots of a modern debate. Yale University Press.Pp172 82 Badran, M. (1996). Feminists, Islam, and nation: Gender and the making of modern Egypt. Princeton University Press. P 31 45
her death in 1947.83 In contrast, Nabawiya Musa, on the other hand, was born into a middle-class family in a small town of Egypt in 1886, She was raised by her mother after her father’s death in a military mission in Sudan. Her mother moved with the two children from the town of Zagazig to Cairo for better educational opportunity for her son.84 Their childhood witnessed separation of social roles between each of them and her brother. As a consequence, as time went on, they both articulated an ideology which rejected the mainstream culture of those years which privileged men over women. They both had come to recognize the importance of education and work for women and struggled to include women in the public sphere.
Huda Shaarawi, at an early age improved a gender conscience which turned her into the first female figures who called for education, democracy, and cultural reform as fundamental measures to “vindicate the rights” of women.85 Among the issues she focused on in her activism was the practice of face veiling which she considered an
“obstacle to women's participation in public life” and “emblematic of the whole urban order of female confinement and containment.”86 It appears to me that the influence of
Amin on the ideas of early feminism could be seen when they repeated those themes tackled by Amin. Concerned about the issue of education, Nabawiya Musa, on the other hand, dedicated her efforts towards education. She first challenged social barriers imposed upon her during her childhood and struggled for continuing her education. She dedicated her life towards female education as an important area of struggle against both gender discrimination and colonial authority.
83 Shaʻrāwī, H. (1998): Harem Years: the Memoirs of an Egyptian feminist (1879-1924). American University in Cairo Press. 84 Boldea, I. (2013). Studies on literature, discourse and multicultural dialogue, Editor Arhipelag XXI. 85 Quawas, R. B. (2006). “A sea captain in her own right”: Navigating the feminist thought of Huda Shaarawi. Journal of International Women's Studies, 8(1), 219-235. 86 Badran, M. (1995). Feminists, Islam, and nation: Gender and the making of modern Egypt. Princeton University Press. New Jersey.pp. 93 46
Getting an insight of the type of life of those feminists could be acquired from their writings. In Huda Sharaawi’s memoirs, for instance, it contains a wide range of details about a life a girl in the Harem. It is worth mentioning that Huda’s memoirs memoirs were written when she was a leading feminist. The memoirs were dictated to her secretary in Arabic during her lifetime and then were entrusted to her younger cousin Hawa Idris to oversee its publishing after her death. After 20 years of Hua Shaarawi’s death, the historian on women and gender studies Margot Badran met with Shaaarawi’s cousin during her visit to Egypt from whom she borrowed the original notebook of Shaarawi’s memoirs. The notebook named Mudhakirrati which literally means ‘my memoirs’ in the
English language contained valuable details concerning the Harem life and the emergence of the feminist movement through the narration of Shaarawi’s life details, the matter which encouraged Badran to ask for the permission to translate it into English.87 In her life narrative of her autobiography, Huda Shaarawi used the narrative method chronicling major events in which influential characters played a role in her life.88 She presented both her childhood and adulthood experiences inside the harem culture. However, her memoirs
“do not just focus on private life, but rather frame the narration of private life within a broader context” where her details of private life intermingle with the political events.89At an early age when Huda was only a child, she realized restrictions imposed upon her from all members of her family for the only reason of belonging to the female sex. The differential treatment between her brother and herself on sex differentiated basis appeared in different aspects of her childhood. Her memoir includes lengthy narrations in which she recounts incidents which she realized that her brother was treated in the same way as
87 Shaʻrāwī, H. (1998): Harem Years: the Memoirs of an Egyptian feminist (1879-1924).The American University in Cairo Press, Egypt 88 ibid 89 Sorbera, L. (2014). Challenges of thinking feminism and revolution in Egypt between 2011 and 2014. Postcolonial Studies, 17(1), 63-75. 47
she was. In one of those, Huda recounts her brother having a pony while her family suggested she have piano lessons instead.90As time went on, she then describes how at the age of puberty she was requested to separate herself from her young male friends with whom she had used to play in her childhood.91 She was overwhelmed by sad emotions since she had always enjoyed the company of those friends:
“From the time, we were very small, my brother and I shared the same friends,
nearly all boys, most of whom were the children of our neighbors. The boys
remained my companions until I grew up- that is until I was about eleven –
when suddenly I was required to restrict myself to the company of girls and
women. I felt a stranger in their world, their habits and notions startled me.
Being separated from the companions of my childhood was a painful
experience. Their ways left a mark on me.”92
Ultimately, being a girl in the harem, further, affected Huda when she was
betrothed at the age of thirteen to her cousin Ali Shaarawi in 1891 who had been
nominated “to be the legal guardian of Huda” in case of her father’s death.93 Huda’s
marriage to her cousin whom she had always regarded as a big brother, brought her
to a state of unhappiness until she separated herself from him for a period of seven
years (1893-1900).94 Although these childhood experiences had not been defined
at that time in feminist terms, they helped her indirectly to reach maturity and to
90 Lanfranchi, S. S. (2012). Casting off the veil: The life of Huda Shaarawi, Egypt’s first feminist. IB Tauris. 91 Margot, B., & Miriam, C. (2004). Opening the Gates: An Anthology of Arab Feminist Writing. Indiana University Press, P. 41 92 Shaʻrāwī, H. (1998): Harem Years: the Memoirs of an Egyptian feminist (1879-1924). The American University in Cairo Press, Egypt 93 Lanfranchi, S. S. (2012). Casting off the veil: The life of Huda Shaarawi, Egypt’s first feminist. IB Tauris. 94 Shaʻrāwī, H. (1998): Harem Years: the Memoirs of an Egyptian feminist (1879-1924).The American University in Cairo Press, Egypt 48
develop an ideology on feminist issues. It was during such period and before Huda’s
reconciliation with her husband that Huda’s feminist awareness took a new path.95
In a lengthy description of the personal development of Huda in this period,
Lanfranchi says:
“During the seven years of separation, Huda had developed into a beautiful,
accomplished and personable young woman, well versed in both oriental
culture and Western academic subjects. She has studied the Quran and
religious sciences, as well as reading widely in French and Arabic history and
literature; and in the cultural realm, she had developed her knowledge of
music and had become an accomplished pianist. In general, she had
developed a clear vision of life and an independent mind. She had resolved
to live the rest of her life soberly, not to fall prey to impulse and emotion, and
to make use of all the time she was to be granted.”96
Among the important figures who played an influential role in Huda’s life was
Eugenie Le Brun. The French Le Brun guided her steps into the intellectual society where she spent her time interacting into valuable conversations on important gender issues in the Egyptian society. Le Brun was regarded Huda’s mentor who nourished her mind and soul and encouraged her to attend her Saturday saloon to which she attended for the first time in 1890. Among the important issues debated in the saloon was the practice of face veiling which represented an obstacle to women’s enhancement and progress. Though as an European who had converted to Islam after her marriage to an Egyptian citizen, Le
95Ibid 96 Lanfranchi, S. S. (2014). Casting off the veil: the life of Huda Shaarawi, Egypt's first feminist. IB Tauris. 49
Brun believed that Egyptian women’s backwardness was not a result of Islam, but rather linked to the social customs inside the Egyptian society.
Huda’s social activities extended to organizing the first public lecture for women inside the Egyptian University under the patronage of the Egyptian princess Ain al-Hayat.
The lecture discussed the lives of oriental women and the social practices inside the
Egyptian society such as veiling. The talk was an “unprecedented event” that marked a remarkable success and opened the door for a series of lectures for women to express their opinions.97 Consequently, Egyptian women’s lectures started to take place each
Friday in a reserved hall inside the university and included feminist figures who started to talk about their own problems.98 Opening the door for women to speak about social problems affecting them inside society was followed by further activism of Huda
Shaarawi in the public space.99
As for the second pioneering figure in the history of Egyptian feminism, Nabawiya
Musa played a great role in early Egyptian feminism. According to Mohammed Abu Al-
Asaad, Musa was at the age of thirteen when Qasim Amin published his book, and therefore the issue of the liberation of women is considered the main axis of the thinking of Musa100 Like Shaarawi, Nabawiya Musa developed gender awareness through witnessing a preferential treatment given to her brother inside her home. In the domestic sphere, Musa rejected her mother’s perception of education as “a violation of the rules of decency and modesty” and got herself enrolled into the Saniyya school. After her graduation from the Teacher Training program, Musa became a teacher in the Abbas
Primary school where she witnessed a salary discrimination between herself and the male
97Shaʻrāwī, H. (1998): Harem Years: the Memoirs of an Egyptian feminist (1879-1924). American University in Cairo Press, Egypt. Pp.76/82 98Ibid. pp 92-94 99 Ibid 100 Abu Al-Asaad, M. (1994): Nbawyat Musaa and her role in the Egyptian life. Egyptian General Book Authority, Cairo.P66 50
colleagues. This discrimination was justified to the fact that male teachers had obtained secondary certificates, the matter which pushed Musa to challenge the educational authorities who did not accept the notion of a girl with a secondary education and sit for the secondary school examinations in 1907.101 She further developed gender awareness through criticizing social habits and practices inside her society and refuted conventional arguments on literacy as destructive to woman's morality. Musa was a strong advocate of female education and called for a type of education that was not discriminatory to girls on the basis of their sex. In writing on the issue, Musa in her book Women and Work published in 1920, she refuted the claims that education and literacy of girls would lead to vice, pointing out that literacy on the contrary would protect women. She further attacked the Egyptian male society for advocating the notion that women were inferior to men in strength and mental ability. A believe that led them to prevent women from work due to their presumed inferior capacity. In her argument on the issue, she pointed out that women and men were alike except for reproduction and insisted that it was unjust to compare both sexes without providing the same education to women:
“how can one compare the mind of a man of education and experience who
has developed himself with that of a woman which has been neglected since
infancy. Her mind became rusty through lack of use the same way iron
implements rust through neglect. Her abilities were suppressed, and she was
sheltered from life’s experiences before her mind could develop naturally.”102
101 Badran, M. (1995): Feminists, Islam, and Nation: gender and the making of modern Egypt, Princeton University Press, New Jersey. Pp 41-44 102 Musa’s argument on the issue is translated into English and published in Badran, M., & Cooke, M. (2004): Opening the gates; An Anthropology of Arab Feminist Writing, Indiana University Press.pp257-258
51
Like Amin, Musa linked the progress of a nation with the status of their women.
According to Abu Al-Asaad, Musa adopted the opinion that Arab men misunderstood the
Quran which did not include any verse which prohibits women from education or work.
She added that women’s work is not contradictory to religion and called for the same call which Amin did which is removing the face veil which restricts women’s work. Yet she believed that women should maintain a conservative attire which does not contradict with
Islam. For Musa, she believed that men exaggerated in considering difference between a man and a woman in terms of mental talents and customs which she rejected out of her conviction that there is no difference between a male or a female except in the matter of reproduction. She highlighted that the fact that women’s work had been limited to the domestic sphere matter affected their abilities.103
Similar to Amin, Musa not only advocated for women’s education, but rather included in her discourse calls for women’s work. She had come to recognize the importance of education and linked women’s lack of it to the idea of their acceptance of
“tedious jobs” which could expose them to sexual exploitation. Same to Amin’s ideas on the importance of work for women, Musa drew attention that women’s work was essential for women with no male members to support them. She highlighted her point of view by mentioning that several wives had lost their husbands and that work considered a necessity for them for raising their own children to become good citizens inside society.
In advocating for this idea, she criticized men from preventing their women from work and insisted that women’s work did not contradict with their roles as mothers or wives.
She pointed out that by preventing them from work, these women were led to misery. 104
103 Abu Al-Asaad, M. (1994): Nbawyat Musaa and her role in the Egyptian life. Egyptian General Book Authority, Cairo. P68 104 For the full argument of Musa see Badran, M., & Cooke, M. (2004): Opening the gates; An Anthropology of Arab Feminist Writing, Indiana University Press. Pp 257-269 52
1.5. The 1919 Revolution and Women’s Participation in the Political life
After Muhammad Ali's death in 1849, his successors neglected the reforms he had initiated in a way that schools were closed, factories were disused, and the army declined in number. Constructions undertaken in Egypt during the final decades of the 19th century including the construction of the Suez Canal caused Egypt to loan from European bankers and finally bankrupt. Most of the debt owed to British and French bankers, hence both countries forced Khedive Ismail, who ruled Egypt from1863 till 1879, to accept the formation of a commission in Egypt with European representative to monitor the debt.
Concerned about their collection of debts of the Canal, in 1882, the British army invaded the canal zone and henceforth occupied Egypt for seven decades. Henceforth, Egypt became subjected to financial difficulties resulted from debt payments, European interference in economic and administrational affairs, and chaos. Since education was considered a threat for colonial existence, education was discouraged, schools were closed, and Egyptian appeals of forming an Egyptian university were resisted.105 Intended to promote for education in a time where schools were administered by British staff and run by a colonial ministry of education, Nabawiya Musa used a nationalist discourse in advocating for female education. For her, education was considered the most pivotal method through which colonialism could be combated and hence restore the country’s wealth spent on foreign employees. Musa argued that girl’s education is a nationalist progress and insisted that girls should attend state schools and be taught in their native
Arabic language rather than be educated in schools run by foreigners.106
105 Thompson, J. (2008). A history of Egypt: from earliest times to the present.American University in Cairo Press, Pp253-262. 106 Badran, M. (1995). Feminists, Islam, and nation: Gender and the making of modern Egypt Princeton University Press. P 78 53
At the beginning of the twentieth century a “resentment intensified against control by a foreign power contemptuous of Egyptians”. Such resentment was crystallized by Dinshawi incident which took place in 1906.107 In 1906, a famous incident of British injustice took place in a village called Dinshawi which considered a turning point of strengthening Egyptian nationalism among the population. During the Dinshawi incident, some British officers shot a woman and caused a fire on a barn on their pigeon-hunting excursion. One of those officers, beaten from the
Egyptian villagers fled and died from heatstroke. The British set up a special tribunal and severe sentences were passed on twenty-one villagers. Dinshawi villagers including women and children were forced by the British to watch the sentences that included hangings and fifty lashes.108
After the Dinshaway incident, nationalists who became a rising force supported by the Egyptian masses, believed that under the British rule no real justice can be fulfilled. The emergence of a nationalist movement composed of middle-class citizens who developed nationalist ideas against the foreign existence inside their country aimed at establishing parliamentary democracy and for this they expressed their ideas through the spoken press.109 Nationalists were reluctantly allowed by the
British, to form their political party named the National Party, to appoint Sa‘d
Zaghlul as a minister of education, and thus the British role in administration was diminished. Furthermore, the nationalists demanded for drafting a constitution with its legislative institutions. Another political party, the Ummah party, was formed of landowners and intellectuals. When World War I erupted, the Ottoman Empire took
107 Ahmed, L. (1992). Women and gender in Islam: Historical roots of a modern debate. Yale University Press.Pp169-170 108 Fahmy, Z. (2011). Ordinary Egyptians: Creating the Modern Nation through Popular Culture, 1870-1919, The American University of Cairo Press, p.92 109 Thompson, J. (2008). A history of Egypt: from earliest times to the present.American University in Cairo Press, Pp253-262. 54
the side of Germany against Britain which arouse the British fear of losing control over Egypt and the Canal zone. This political tension between foreign power and nationalists threatened the British who took several measures to protect their interests including they declared Egypt a British Protectorate in 1914 and a High commissioner inside Egypt was appointed by Britain.110
When the First World War came to an end in 1918, Nationalism became a stronger force because of the hard time during which the Egyptians had lived. The nationalist leader Saad Zaghlul met the high Commissioner on the 13th of November
1918 and demanded to present Egypt's case to the peace conference in Britain for achieving autonomy. As a response for the refusal of such demand, the Wafd Party organized committees who collected 100,000 signatures supporting Egypt's demand.
The matter that ended in Zaghlul’s exile to Malta along with other leaders. This incident ignited the 1919 revolution.111
Agitation against the colonial presence in Egypt fueled by Zaghloul’s exile, had its impact on the political and public scene. This was evident when “the country erupted in riots, strikes, and acts of violence against the British, with women of all classes openly participating” in what came to be known as the 1919 revolution.112
The participation of women in public demonstration for the cause of their nationalism had marked a historical event in the history of Egypt. This event had been documented in several works. Laura Bier describes that women’s activism and participation during the demonstrations “was public and militant and transcended
110 Thompson, J (2008): A history of Egypt: from earliest times to the present. American University in Cairo Press, Pp 233-253 111 Ibid. Pp 267-274 112Ahmed, L. (1992). Women and gender in Islam: Historical roots of a modern debate. Yale University Press.P173 55
class barriers.”113 According to Beth Baron, the 1919 revolution played an important role in redirecting the political and social life of ordinary people as it not only accelerated the end of the British occupation, but rather, it raised the question of womanhood and the debates over female domesticity. This was seen when women had the courage to go out in the streets alongside with men to support the nationalist cause carrying flags and placards with sentences against the British occupation and supporting independence. In the placards carried they demanded, using sentences written in both Arabic and French complete independence and freedom and the removal of the Protectorate from their country. Their participation, therefore, “had a strong psychological impact” on women and allowed them to challenge “the gender status quo” inside society as she says:
“The event had inverted the usual gender order, although not in the ways that
were often attributed to it later. Women took center stage on major
thoroughfares, commanded public streets, and shouted slogans for a mostly
male audience. As they carved out new political roles for themselves, elite
women challenged the gender status quo. Herein lay the revolutionary
potential of their demonstrations. These were women who would not walk in
the streets alone for fear of being harassed, who had not engaged in collective
public action such as funeral marches or other such as ceremonies, and whose
voices were often muted or controlled. Now they won admiration and respect
when they marched for the nation. They submerged themselves in the
collective, raised their voices to shout slogans, and emerged with a greater
113Bier, L. (2011): Revolutionary Womanhood; Feminisms, Modernity and the state in Nasser's Egypt, The American University in Cairo Press, Egypt. p29
56
sense of solidarity. Participating in these demonstrations had a strong
psychological impact on those involved.” 114
On 28 February 1922, the British government issued a proclamation in which the
British protectorate over Egypt came to an end, and Egypt was finally declared an independent state. Yet, this independence was conditioned by four reserved points by which a big military base remained inside Egypt for protecting the security of the Suez
Canal or intervening in case of foreign invasion, safeguarding the rights of minorities in
Egypt, and maintaining the right of being the only responsible in the status of Sudan which was still under Egyptian authority115 In 1923, a new Egyptian constitution was drafted establishing a “an independent constitutional monarchy” formed by political parties, parliament, and elections.116 According to Hala Kamal, this first Constitution to be issued in Egypt which stayed in power till the year 1952, was always “considered to be an outcome of the 1919 revolution which rose against the British occupation- a document establishing the emerging modern Egyptian nation.”117
Despite that the new constitution stated equal civic and political rights between
Egyptians, however, the electoral law “restricted the exercise of political rights to male
Egyptians”. Hence, feminists who had participated in the nationalist struggle with their male counterparts were disappointed from their exclusion from the political life.118
According to Laura Bier, this exclusion was due to “patriarchal conservatism of male
114Baron, B. (2005): Egypt as a woman: nationalism, gender and politics, University of California press, Ltd. England. Pp107-134 115 Thompson, J. (2008). A history of Egypt: from earliest times to the present. American University in Cairo Press, Pp 275 116Otto, J. M. (Ed.). (2010). Sharia and National Law: Comparing the Legal Systems of Twelve Islamic Countries. American University in Cairo Press. p56 117 Kamal, H. (2015). Inserting women’s rights in the Egyptian constitution: personal reflections. Journal for Cultural Research, 19(2), 150-161. 118 Badran, M. (1995): Feminists, Islam, and Nation: gender and the making of modern Egypt, Princeton University Press, New Jersey.pp80-86 57
nationalist leaders who, once women's active participation in nationalist struggle was no longer needed, expected them to return to their ''natural'' place inside their home.119
Consequently, this exclusion from the political life fueled them with anger the matter that could be seen in their activism in the period of the post-independence. Here I would like to mention that in a story quoted by Fadya Khatab, for instance, Munira Thabet the first woman to ask for women’s political inclusion in the parliament demanded from Saad
Zaghloul, who became in 1924 the Prime Minister, that women obtain the right to vote after their participation on equal foot with men in the 1919 revolution. Her calls were met with a refusal since male leaders were afraid that the issue of women’s participation in politics would cause problems on the domestic level in a critical period in which Egypt was struggling with the British.120
1.6. The creation of the Egyptian Feminist Union in 1923
Following the political limitation of their political rights and the right to suffrage, only later did feminists elaborate an organized feminist activism. Those women were pushed for the creation of the Egyptian Feminist Union (EFU) in 1923 with Huda Shaarawi elected as its president.121 At the beginning, the EFU was formed by members of upper- and middle-class women but in following years, members of different social classes joined the union.122 With its creation, feminists opened a door through their social activities to penetrate public arena and to interact with other women. They aimed to
119 Bier, L. (2011): Revolutionary Womanhood; Feminisms, Modernity and the state in Nasser's Egypt, The American University in Cairo Press, Egypt.Pp32 120Khatab, F. (2007). Women and Pioneers of the Enlightenment. Egyptian General Book Authority.Cairo. Pp76-82 121Ahmed, L. (1992). Women and gender in Islam: Historical roots of a modern debate. Yale University Press. p176 122 y Sel, C. R. D. A. (1989). Historia del movimiento feminista egipcio. Universidad de Granada. Instituto de Ciencias de la Educación. Servicio de Publicaciones. Pp 105-106 58
providing assistance to needy women in through establishing dispensaries and workshops providing several services.123 EFU efforts were directed to urban women. Nevertheless, in 1930s, it expanded its activities to reach rural women. They included health problems, helping poor women in learning craftwork, and finding child-care solutions for working mothers.124 The agenda of the EFU focused on nine main principles based on improving public hygiene, eradication of prostitution, and amending laws regulating marriage, divorce and child custody.125The organization, further, aimed at modifying the personal status code to combat the cruel patriarchal practices against women and girls. They addressed the problem of early marriage and called for setting a minimum age for girls' marriage. Moreover, they campaigned for the restriction of polygamy which constitutes a psychological harm for the first wife. One of the strong opponents to polygamy was
Malak Hifni Nasif who tackled the issue of polygamy in her writings after being a second wife.126 Believing in the religious equality, Malak suggested that polygamy should be restricted and controlled.127 In Casting off the Veil: The Life of Huda Shaarawi, Sania
Sharawi Lanfranchi gives a description of the agenda of the EFU as follows:
“Later in November 1923, Huda and her colleagues published a statement
listing the nine main principle of the EFU, Its goal would be to seek to elevate
the intellectual and moral standards of Egyptian women; to enable them to
obtain social, political, legal and moral equality with men; and to obtain the
right to higher education for girls. It would also seek a change in matrimonial
123 ibid. Pp 138-139 124Badran, M. (1995). Feminists, Islam, and nation: Gender and the making of modern Egypt. Princeton University Press. pp111-123 125 Hassan, Fayza (2001). Speaking for the other half. al-Ahram Weekly, March 1-7. http://weekly.ahram.org.eg/Archive/2001/523/sc3.htm. 126 Badran, M., & Cooke, M. (2004): Opening the gates; An Anthropology of Arab Feminist Writing, Indiana University Press, pp134-136. 127 Lanfranchi, S. S. (2014). Casting off the veil: the life of Huda Shaarawi, Egypt's first feminist. IB Tauris. 59
customs to allow the two individuals directly concerned to meet each other
before committing themselves, to alter the law on marriage to prohibit
polygamy and divorce without the women’s consent, and to raise the age of
marriage to sixteen. It would promote public health and hygiene in Egypt and
discourage immorality. Finally, it would seek to publicise these principles and
to win public support.”128
As a result, the Egyptian movement achieved some of the rights they struggled for during decades. They finally succeeded in ending the harem system and the practice of face veiling. They also guaranteed women’s admittance to the Egyptian university in
1920. Further, their efforts resulted in raising the age of marriage for young girls to 16 years old in 1924.129 Their efforts were directed towards combating prostitution which was characterized by being a multi-ethnic including Egyptians and foreigners. Their struggle against prostitution had started since 1920s to be later included in the agenda of the Egyptian Feminist Union.130 They criticized the authorities for their double standards by their call for morals while allowing prostitution houses to function inside Egypt and considered prostitution in contradiction to the morals of an Islamic country. For this they contacted the head of the Islamic establishment of al-Azhar in an attempt to gain his religious support. They targeted the closure of houses of prostitution which had spread in
Egypt. Their efforts and activism took further the subject beyond the national level to discuss it on an international level. This was seen when they discussed the topic of prostitution in 1924 during a conference organized by the International League for the
128 ibid Pp 104-105 129 El Saadawi, N. (2007). The hidden face of eve: Women in the arab world Zed Books. p26 130 See Badran, Margot (1995): Feminists, Islam, and Nation: gender and the making of modern Egypt, Princeton University Press.p192 60
Suppression of Traffic in Women. It was not until 1953 after the revolution of 1952 that houses of prostitution were shut down and the practice was banned.131
One of the important contributions of the establishment of the EFU was the link created with the Egyptian feminism and the international feminism. This assisted in sending delegations to international feminist conferences where Egyptians met their counterparts from other parts of the World.132 Further, the Union instituted a feminist press through founding periodicals such as l’Egyptienne in 1925, al-Misriyya in 1937.133
Although, when one speaks of feminism, the presumption is that any feminism emerged from the western feminism that this comprehends following the principles adopted by western feminism. Yet such presumption is not applied on the Egyptian feminism. I suggest that the Enlightenment ideas as mentioned above had a great influence in changing the situation of European women and in particular the French women who were a source of admiration to the Egyptian intellectuals who studied in Paris and consequently enriched their ideas on women. Further, the European presence in Egypt and the interaction between European and Egyptians women who belonged to the upper social classes assisted in forming the feminist debate. The lectures and the intellectual saloons where women gathered introduced new ideas which made those feminists think about the actual change. Nonetheless, their aim at achieving the rights of education, work or combating any form of discrimination against women were based in their feminist discourse on a religious base. I believe that they wanted to adopt certain right which were not contravening with their religion. I agree Leslie Lewis’s ideas when she says that the
Egyptian feminism is not an imitation of the west. She highlights her ideas as follows:
131 Ibid. Pp198-206 132 Badran, M. (1995): Feminists, Islam, and Nation: gender and the making of modern Egypt, Princeton University Press, New Jersey. pp47-52 133 Booth, M. (2001). Woman in Islam: Men and the “Women's Press” in Turn-of-the-20th-Century Egypt. International Journal of Middle East Studies, 33(2), 171-201.
61
“Egyptian feminism is neither inherently anti-religious, nor a negative and
corrupting import from the west. Egyptian feminism, like all local feminisms,
has observed and been influenced by the emancipatory efforts of people
across the globe. As groups in diverse settings have pushed to re-examine
gender, class, and colonial relations their fundamental ideas and
organizational strategies have been drawn on for inspiration in other settings.
In spite of this exposure and exchange of ideas, the Egyptian feminist
movement developed uniquely in a way that both reflected and responded to
local and national culture, norms, constraints, and exigencies.”134
In their struggle for their rights, Badran reported, feminists used both a secular nationalist and modern Islamic discourse.135 This means that they advocated for women’s right inside the limits of religion without transgressing what is prescribed by Islam.
Feminism of the 19th and 20th century, with no doubt, has contributed to the reconstruction of a female voice which speaks out against the status quo they lived during previous centuries. A voice which refuse to accept male injustices. The contribution of the early
Egyptian feminism has been fundamental to reach the current state of women’s equality with men in education or their inclusion in the public life. And although their calls included the calls for political participation and reforming the personal status law which affect women in their personal life, it was not until the 21st century when these rights were granted to women. It is worth mentioning here, that despite that feminists of the first wave as I may call it didn’t address the issue of male violence in their writings as a central place
134 Lewis, L. (2012). Convergences and divergences: Egyptian women's activisms over the last century. Mapping Arab Women’s Movements: A Century of Transformations from Within, American University in Cairo Press. Pp43-62 135Badran, M. (1995): Feminists, Islam, and Nation: gender and the making of modern Egypt, Princeton University Press, New Jersey. p.95 62
in their discourse, and only focused on female education, work and the right of suffrage.
However, this wave of feminist paved the way for feminists of the second, third and fourth wave to wide their circle of demands.
63
Chapter 2
Women’s Status starting from 1952 till now
2.1. Introduction
On 4 February 1942, a great manifestation of the British interference in the
Egyptian affairs took place when the British tanks surrounded the King's palace and forced him to accept appointing a pro-British government. This incident was considered a turning point in the Egyptian political scene as Egyptian people were upset regarding the corruption and the King’s existing political system. Realizing that the political situation in Egypt under the rule of the King had become difficult, where there was a struggle for power control between the King, the parliament and the British,136 a group of military officers named the “Free Officers”, including General Gamal Abd Nasser took control over Egypt and its institutions in a military coup and forced the King to abdicate on the 23rd of July 1952. The ‘Free Officers as they came to be known were composed of middle-class members and landowning families who were all united with the aim of liberating Egypt from an old political system. Composed of many prominent figures including Gamal Abdel Nasser and Anwar Sadat, their movement forced the king to abdicate and leave the country on 26th of July of the same year, for thirteen years of exile till his death. The forced abdication of the King ended a long dynasty in Egypt and
“marked the beginning of Egypt’s transition from a monarchy purportedly based on
136 Thompson, J. (2008). A history of Egypt: from earliest times to the present. American University in Cairo Press. Pp280-281 64
liberal-democratic principles to a republic nation, which by the 1960s had adopted Arab socialism”.137
In the post-revolutionary era of the 23rd of July revolution of 1952, Abdel Nasser who came to power as a president, suspended the 1923 Constitution and adopted a new
Constitution in 1956 which was in effect till 1971.138 He directed his attention to foreign policy as well as to domestic affairs. He succeeded in the negotiations concerning the
British Egyptian Treaty that replaced the 1936 treaty and according to which the British troops departed Egypt in 1956 ending seven decades of British occupation. Nasser worked on achieving agricultural reforms and developing industrialization, which was neglected under the British occupation. 139 It was true that before the revolution, the upper class of the population in Egypt was mostly composed of people of Turkish origin who considered most Egyptians as poor peasants and hence this poor segment of society was treated in an inferior manner, with no education or sufficient resources.140 According to
Dereck Hopwood, for instance, President Nasser found that the previous Capitalist system which had prevailed before the 1952 revolution proved to be inadequate for the Egyptian people and hence the principles of socialism were the alternative solution for reforms.
Nasser's socialism aimed at achieving social justice and providing a better life to poor citizens who faced inequalities during the pre-revolution era. Yet, as highlights Hopwood,
Nasser’s adoption of socialist principles was different from those of Marxist communism since Egypt is an Islamic country. In other words, it was an Islamic version of socialism aimed at achieving equality and bridging the gap between the rich and the poor through
137 Bier, L. (2011): Revolutionary Womanhood; Feminisms, Modernity and the state in Nasser's Egypt, The American University in Cairo Press, Egypt.p50 138 Kamal, H. (2015). Inserting women’s rights in the Egyptian constitution: personal reflections. Journal for Cultural Research, 19(2), 150-161. 139 Thompson, J. (2008). A history of Egypt: from earliest times to the present.American University in Cairo Press. Pp293-297 140Amin, G. (2011). Egypt in the Era of Hosni Mubarak, the American University in Cairo press. Pp85-100 65
the common ownership of the country’s means of production.141 His socialist reforms also included the nationalization of the religious institution of Al-Azhar and the transformation of the religious Ulama into governmental employees. Furthermore, they included reforming the Egyptian legislation system; the abolishment of the separate family courts for Jews and Christians as well as the abolition of the Sharia Courts for
Muslims.142 The Nasser’s years witnessed “a large scale of social reforms” such as land redistribution, providing free education to middle class citizens and providing governmental jobs to university graduates.143
2.2. Egyptian feminism between two revolutions
2.2.1. A turning point for Egyptian feminism
Regarding feminism during the second half of the twentieth century, it witnessed a turning point with the new social and political transformations in which the country had witnessed. The political and social transformations inside the country reshaped Egyptian feminism which took a new path under the regime of President Jamal Abdul Nasser.144
In her book Revolutionary Womanhood; Feminisms, Modernity and the State in Nasser's
Egypt, for instance, historian Laura Bier, has suggested that at the beginning of Nasser’s rule, the issue of women’s rights was not included on Nasser’s reform policy as his
141Hopwood, D. (1982). Egypt: Politics and society 1945-1981. London: Allen & Unwin. Pp 84-104 142 Berger, M., & Sonneveld, N. (2010). Sharia and national law in Egypt. In Otto, J. M. (Ed.). (2010). Sharia and National Law: Comparing the Legal Systems of Twelve Islamic Countries. American University in Cairo Press.Pp 51-88 143Sonneveld, N. (2012). Khul Divorce in Egypt; Public Debates, Judicial Practices, and Everyday Life, The American University in Cairo Press.p21 144 Lewis, L. (2012). Convergences and divergences: Egyptian women's activisms over the last century. Mapping Arab Women’s Movements: A Century of Transformations from Within, American University in Cairo Press. Pp49-50 66
“regime seemed largely unconcerned with gender issues” to avoid any opposition from conservative elements inside the society.145 This included the replacement of the Egyptian feminist organizations with an official one administered by the state.146 According to
Hoda Elsadda, the EFU was transformed to “a service-oriented charity, operating under the supervision of the Ministry of Social Affairs.” 147
Yet, the Quest for female suffrage remained an occupying matter for some feminists during the early years of Nasser’s regime. Among those figures who struggles to achieve women’s political rights was feminist Doria Shafik who had studied in Paris where she won her Doctoral degree. Among her efforts towards this goal was her establishment of a political party named The Daughter of the Nile in 1953 dedicated to women’s political rights.148 As part of her fight to guarantee those rights, in 1954, Shafik went on a hunger strike till “the political rights of Egyptian women were secured, specifically, the right to run for office and vote for the first time”.149 The struggle of feminists to gain the right to suffrage turned victorious in 1956 when the Egyptian women finally gained the right to vote.
Fortunately, the interest in granting women the opportunities in education, joining the workforce and the right to vote were secured by the adoption of the Charter for
National Action which had a great impact on the women question since the charter addressed women as equal citizens who should take part in society. This inclusion of women in the official ideology of the state was reinforced by newly adopted constitution.
145 Bier, L. (2011): Revolutionary Womanhood; Feminisms, Modernity and the state in Nasser's Egypt, The American University in Cairo Press, Egypt.Pp23-58 146 Paradela, N. (2015). El feminismo árabe y su lucha por los derechos de la mujer.Instituto Universitario de Investigación de Estudios de Genero de la Universidad de Alicante. Pp17-29 147 Elsadda, H. (2011). Women’s rights activism in post-Jan25 Egypt: Combating the shadow of the first lady syndrome in the Arab world. Middle East Law and Governance, 3(1-2), 84-93. 148Hassan, Fayza (2001). Speaking for the other half. al-Ahram Weekly, March 1-7. http://weekly.ahram.org.eg/Archive/2001/523/sc3.htm. 149Durriya Shafiq: Rebellious Daughter of the Nile. Alakhbar English. Visited on 15/8/2017 at: http://english.al-akhbar.com/node/4958 67
By the adoption of the 1956 Constitution where the principles of equality were clearly stated women for the first time were granted the right to vote and to be elected for senior positions with wages and salaries equal to their male counterparts. As Laura Bier puts it:
“With the publication of the charter and the adoption of Arab Socialism as
the official regime ideology, state discourses declared “the woman question”
as such definitely answered by the realization of national liberation. In 1956,
the new constitution had made women fully enfranchised citizens, granting
them the right to vote and to run for public office. Later measures were
enacted to guarantee women’s access to education and mobilization into the
workforce. All citizens regardless of gender, were granted the right to vote
and the right to public education and were charged with the duty of public
labor on the nation’s behalf. It was through their inclusion in the Egyptian as
citizens that groups formerly excluded from the body politics, women among
them, were to be liberated from past oppression.”150
Consequently, female education increased in Nasser years in all primary, secondary and university education.151 According to Mervat Hatem, women benefited, during those years, from the accomplishments of the state’s feminism or state commitments for public equality which she described as “impressive by the standards of the 1950s and the 1960s” through which changes were introduced on several levels including the gender relations.
Hatem added the social attitude towards women’s inclusion in the educational and workplace changed, and their number increased. Moreover, women who achieved their
150 Bier, L. (2011): Revolutionary Womanhood; Feminisms, Modernity and the state in Nasser's Egypt, The American University in Cairo Press, Egypt. p25 151 Ibid, pp51-52 68
school diplomas or university degrees were guaranteed jobs in the governmental sector.152
However, despite of the civic and political achievements women gained under Nasser's regime, women's situation inside the family under the personal status law “remained unchanged”.153 It is worth mentioning that In Egypt, social issues such as marriage, divorce, child custody, alimony and inheritance are regulated by the Personal status law derived from the Islamic Sharia. Personal Status Laws has passed through several amendments since the early decades of the twentieth century by legislators to adapt it to the social developments people went through since its adoption. Personal status law contains both Substantive rules and procedural rules. While Substantive rules are included under Law No.25 for 1920, the decree of law No.25 for 1929, and law No.100 for 1985, the procedural rules are regulated by law No.1 for 2000 and law No.10 for 2004.
The amendments processes aimed at providing women with more rights and enhance their social status regarding marriage and divorce. However, such amendments had raised controversy by some segments of society who confront any rights granted to women due to their confusion between basic sharia rules and opinions of some Sharia jurists.154
Despite the significant improvement in the country’s economic condition at the beginning Nasser's era, the situation changed at the mid of the sixties where economic hardships prevailed.155After Nasser's death in September 1970, he was succeeded by
President Anwar Sadat who had been selected before his death as his vice president in
152Hatem, M. F. (1992). Economic and political liberation in Egypt and the demise of state feminism. International Journal of Middle East Studies, 24(2), 231-251. 153Lewis, L. (2012). Convergences and divergences: Egyptian women's activisms over the last century. Mapping Arab Women’s Movements: A Century of Transformations from Within, American University in Cairo Press. Pp49-50 154 For more information see Elchazli, F. (2012): Women's Personal Status Rights: Marriage Rules from the legal Perspectives, National Council for Women, Egypt. 155Marsot, A. L. A. S. (2007). A history of Egypt: From the Arab conquest to the present Cambridge University Press. Pp142-150 69
1969.156 Like his predecessor, Sadat suspended the constitution and adopted a new one, the 1971 Constitution.157 Unlike Nasser, Sadat did not follow the socialist ideology which
Nasser applied in his rule, but rather Sadat adopted a new policy in 1973. The open-door policy he followed was known as the Infitah “under which the country shifted from domination by the public sector to private investment, both foreign and domestic”.158 In other words, foreign investments and technology from the west were encouraged inside
Egypt. At the same time the Egyptian men from middle and lower classes migrated to work abroad for improving of their income. The migration of young youth to the gulf countries looking to better working opportunities led to the spread of an attitude of conservatism among many those workers and also resulted into the transforming of their wives into “de facto heads of household”159
2.2.2. Legal attempts to improve the situation of women since the 1970
According to Hoda ElSadda, during the 1970s, several initiatives led by women to modify the personal Status Law (PSL) including tackling the problem of the personal status law in a famous television work named Urid halan in 1974 which discussed gender discrimination against a married woman. Elsadda points out that those local initiatives were coincided with international efforts which resulted into the first international
156 Thompson, J. (2008). A history of Egypt: from earliest times to the present. American University in Cairo Press. Pp 317 157 Kamal, H. (2015). Inserting women’s rights in the Egyptian constitution: personal reflections. Journal for Cultural Research, 19(2), 150-161. 158 Lewis, L. (2012). Convergences and divergences: Egyptian women's activisms over the last century. Mapping Arab Women’s Movements: A Century of Transformations from Within, American University in Cairo Press. Pp52-54 159Lewis, L. (2012). Convergences and divergences: Egyptian women's activisms over the last century. Mapping Arab Women’s Movements: A Century of Transformations from Within, American University in Cairo Press. Pp52-54 70
women’s conference on women in Mexico in 1975.160 As was made clear by Nadia
Sonneveld, it was after the first UN World Conference on Women held in Mexico city in
1975 and attended by Sadat’s wife Gehan, that gender issues became important and were included on Sadat’s agenda for social reform. On the level of legislative reforms, for instance, in 1979 Sadat re-amended the constitution by adding electoral quotas for women, and also issued an emergency decree amending the personal status law which had been one of the concerns of feminists. Under the new law women were granted more rights including their ability to leave their marital home for work without the consent of their husbands and without being deprived of their marital maintenance. Further, the exiting provision which had allowed a husband return to his wife by force to their marital home against her consent was abolished under the such amendment. In addition, women were provided the right to obtain divorce in case husbands practiced polygamy without their consents, as well as the right of staying in the marital home after divorce.161
Yet, those reforms concerning personal status laws provoked an outrage among both judges and the conservative forces inside the society. While the first group considered the law unconstitutional for being issued by a presidential degree during a period of “parliamentary recess” when the Egyptian People's Assembly was dissolved and hence without being passed by the parliament. The second group considered it incompatible with the sharia principles since it considered polygamy (which is a religious right to men) harmful to women. Consequently, in the 1985 and after a long debate over the law, the Supreme Constitutional Court declared it unconstitutional on 4 May 1985 and hence women facing legal issues related to the personal status law had to resort to the
160 Elsadda, H. (2011). Women’s rights activism in post-Jan25 Egypt: Combating the shadow of the first lady syndrome in the Arab world. Middle East Law and Governance, 3(1-2), 84-93. 161 Sonneveld, N. (2012). Khul Divorce in Egypt; Public Debates, Judicial Practices, and Everyday Life, The American University in Cairo Press P 27 71
1929 law again.162 Mervat Hatem highlights the controversy debates around Sadat's amendments of the personal status laws as follows:
“The use of presidential decrees to introduce changes in personal status laws
and in the rules of political representation antagonized the active political
groups in the country. It continued the pattern of state curtailment of
democratization, especially the right of the Assembly to discuss and approve
laws. The Assembly was again expected to ratify what the president had
decreed. The left attacked the law as an example of state authoritarianism,
and the Right charged that it contradicted the sharia. This placed political
women mobilized by the Left and the Right in a difficult position. Their
support for the badly needed changes introduced by the law was pitted against
important ideological and political principles they were committed to.” 163
Following president Sadat’s assassination during a public celebration in 1981,
President Muhammed Hosni Mubarak became the president of the Arab Republic of
Egypt who governed Egypt for thirty years. During such period, many achievements towards women’s legal rights were reached but at the same time many economic burdens escalated. On the positive side and despite the economic problems which the Egyptian people witnessed during his reign, it is documented that state feminism under the patronage of his wife Susanne Mubarak succeeded in guaranteeing some legal achievements for women. It was during that time that Egypt signed various international human rights treaties on women which became part of the Egyptian legislation after their
162 Ibídem 163 Hatem, M. F. (1992). Economic and political liberation in Egypt and the demise of state feminism. International Journal of Middle East Studies, 24(2), 231-251. 72
ratification and their publication in the Egyptian national newspapers. Among them The
Convention on the Elimination of All Forms of Discrimination Against women (CEDAW) to which Egypt signed on the 18th of September 1981 with some reservations on articles
2,9, 16, and 29.164 Egypt also ratified The Convention on the Rights of the Child which was adopted on 20 November 1989 by resolution 44/25 and entered force on 2 September
1990. Egypt’s ratification on the Convention was on 6 July 1990 with reservations on two articles namely articles 20 and 21 of the Convention concerning child adoption. However, on 31 July 2003, Egypt withdrew the reservations concerning the mentioned articles.165
Moreover, the National Council for Women was established by the presidential decree no 90 in 2000, with the aim of enhancing the situation of women and guaranteeing their participation inside society. The council has been responsible since then of suggesting and revising public policies and legislations to ensure their exclusion of any discrimination against women. 166 Further, the council had collaborated with different organizations and political authorities towards empowering the Egyptian women economically, socially and politically.167 Such efforts represented a new beginning and a positive step towards enhancing the situation of Egyptian women on the legal level. The government also moved forward towards reforming the personal status law and the drafting a new marriage law on 26 January (Law no.1 of 2000) known as the Kul Law signed by president Mubarak adding more rights to women. 168 The new law allowed
164 Morsy, M. (2014). Egyptian women and the 25th of January Revolution: presence and absence. The Journal of North African Studies, 19(2), 211-229. 165 For more details on the Convention and Egypt's reservations visit United Nations Treaty collection. Retrieved:https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV- 11&chapter=4&lang=en#9 16616-day campaign against violence against women (2016, November 29). Retrieved April 11, 2018, from Visited ./ ةأﺮﻤﻟا - ﺪﺿ - ﻒﻨﻌﻟا - ﻨﻤﻟ ﺔﻀﻫﺎ - مﻮﻳ -16 ﻟا ـ - ﻤﺣ ﻠ ﺔ /National Council for Women website: http://ncw.gov.eg/ar on 11 April 2018 167 Sika, N., & Khodary, Y. (2012). One step forward, two steps back? Egyptian women within the confines of authoritarianism. Journal of International Women's Studies, 13(5), 91-100. 168 Sonneveld, N. (2012). Khul Divorce in Egypt; Public Debates, Judicial Practices, and Everyday Life, The American University in Cairo Press.Pp28-30 73
women to file for divorce contrary to the previous law under which women were not allowed divorce unless they could prove an ill treatment form their husbands as well as adopting a new marriage contract.
Under the rule of Mubarak, from the Egyptian legal perspective, there were certain conditions that needed to be fulfilled before signing a marriage contract. Based on law
No. 100/1985, the “prospective husband” in a marriage contract should indicate his marital status in the marriage contract and in case he has other wife, the marriage registrar should inform his wife of the new marriage. Not documenting the marriage in an official marriage contract results in the failure of accepting marital litigations according to article
17 of law No.1 for 2000.169 According to the conditions introduced by law no 126/2008, minimum age of marriage by both spouses should not be less than 18 years old to document a marriage contract and medical examinations are required before concluding a marriage contract. Hence, no marriage litigations are accepted if one of the spouses is under the legal age for marriage, as well as criminal punishments are applicable to the marriage registrar who concluded the contract.170
It was also during the era of Mubarak, as mentions Lewis Leslie, that many activists and feminists, (secular and Islamic) strengthened their efforts to achieve more rights such as child custody. These activists based their debates on religious grounds from the Quran and the Sunna out of their recognition of the importance of Islam as a powerful source that influence people believes and thoughts171 According to Maya Morsi, who was elected president of the National Council for Women since 1 February 2016, it was during the
Mubarak regime in which Egypt “witnessed undeniable progress in the women’s agenda
169Elchazli, F. (2012) .Women's Personal Status Rights: Marriage Rules from the legal Perspectives, National Council for Women Publications.Egypt 170 Ibid 171 Lewis, L. (2012). Convergences and divergences: Egyptian women's activisms over the last century. Mapping Arab Women’s Movements: A Century of Transformations from Within, American University in Cairo Press. Pp54-56 74
through legislation and representation in the parliament.” On the legal level, in 2007 for example, women were granted a quota in the parliament. Moreover, on the national level, the Mubarak era has been marked significant accomplishments for women’s rights through the introduction of several legislative reforms which benefit women and girls. In
2008, legislative reforms have been adopted; the Child Law and the criminalizing Law of the practice of Female genital Mutilation.172 Law no 126/2008 states that the legal age of marriage should not be less than 18 years old before documenting a marriage contract.173
The 1996 Child Law was amended on the 8th of June 2008 as an outcome of efforts of the
National Council of Childhood and Motherhood (NCCM), a responsible body for drafting legislations concerning child’s rights, in which the practice of female circumcision was outlawed, the marriage age was raised to 18 instead of 16, and the penalties for child abuses were increased. According to the amendments included to article 7 of the Child
Law “performing female circumcision became punishable by three months to two years in prison and a fine of LE 1,000 to LE 5,000.” Yet, the law has provoked a great debate among conservatives who believed that the articles amended are western imported and that they are in contradiction with the Islamic sharia.174
Paradoxically, during the Mubarak years, the recent decade of his regime, the country had reached a status of social, economic, and political deterioration. Citizens grew dissatisfied with the situation of inequality, poverty and unemployment which had prevailed in their country.175 It is true that Mubarak followed the open-Door policy launched by his predecessor president Sadat “embracing neo liberalist thought” over the
172 Morsy, M. (2014). Egyptian women and the 25th of January Revolution: presence and absence. The Journal of North African Studies, 19(2), 211-229. 173 Elchazli, F. (2012) .Women's Personal Status Rights: Marriage Rules from the legal Perspectives, National Council for Women Publications. 174 The 1996 Child Law Amendments News Articles on the progress. Intact Network. June 2008 175 Singerman, D. (2013). Youth, gender, and dignity in the Egyptian uprising. Journal of Middle East Women’s Studies, 9(3), 1-27. 75
thirty years he remained in power. The neo-liberal policies of privatization of public sectors as well as globalization affected large segments of the Egyptian society creating a gap in wages between public and private sectors employees leading to a great
“vulnerability among those trying to remain economically afloat”.176 The decline in the quality of governmental services including education, health, transportation and housing negatively affected the population and in particular the poor who suffered from unemployment and difficulties in obtaining houses due to increasing prices. The incapability of “providing well-paid jobs to a major part of the workforce extended to negatively affected women of poor classes. Women were pushed to accept work opportunities for longer hours outside their homes. Some of those were, further, forced to be driven out of poverty into compulsory and in-satisfying jobs such as working in trains offering drinks or working in hotels. More often they were required to wear certain types of outfits during their working hours such as “very short skirts” as a way of attracting people and hence promoting for the products they were selling. On the contrary, poor girls driven from the countryside to work as domestic servants inside houses of urban families were obliged to wear the hair cover or veil out of the fear that they would have a “loose behaviour.”177
It is worth mentioning that during the recent decade of Mubarak’s regime, a period of decline in educational and moral standards, sexual harassment prevailed within the society and although women were the victims they were often blamed for being provocative to the harassers as they were conceived as “the sources of temptation and sexual desires”178 A manifestation of such decline appeared in a shocking incident that took place in 2006. It was on the vacation of a religious feast when a group of young boys
176 Ibid.p5 177 Amin, G. (2011). Egypt in the Era of Hosni Mubarak, the American University in Cairo press .Pp73-98 178 Alvi, H. (2015). Women's rights movements in the'Arab Spring': major victories or failures for human rights?. Journal of International Women's Studies, 16(3), 294-318. 76
collectively sexually harassed girls in the streets and started ribbing off their clothes in a public scene in front of many viewers.179 Furthermore, during Mubarak’s era, Egypt witnessed a widespread religious discourse on several social matters such as the face veil
(niqab). The society witnessed the appearance of religious preachers who influenced many girls and women on religious matters. Several discourses were moderate and others extremist through which new thoughts were introduced to the societies. Galal Amin highlights that wearing the hijab or the head cover for many people became a social norm to go out for work in a society mixed with men:
“wearing the hijab cannot be easily considered as ‘retrograde’ or that it
represents a deterioration of the status of women. Indeed, its spread could be
easily regarded as a new step along the road to the greater liberation of
women. The spread of the hijab may have something to do with Egyptian
women having to leave the house to work, to study, or to bear burdens that
their husbands once did before they migrated to the Gulf or before the
onslaught of high rates of inflation. Women, therefore, now must mix more
with unrelated men in the streets, in universities, and in mass transit than they
did before. Leaving the house wearing a hijab may indeed be a step toward
greater emancipation as compared to remaining bound to the home, with or
without the veil.”180
As time went on the social, economic, and political situation became deteriorating to large segments of Egyptians. Most people became distressed of Mubarak’s rule in his
179 Amin, G. (2011). Egypt in the Era of Hosni Mubarak, the American University in Cairo press.Pp76-78 180 ibid. Pp124-125 77
final years of his regime when he reached his eighty-three years and all signs of corruption spread among his ministers and cabinet. It became clear that laws were passed without serious parliamentary discussions and signs for his son’s “bequeathing” of office became obvious.181 On the 25th of January 2011, a mass revolution erupted in Cairo. The demonstrators took from the Tahrir Square, which literally means liberation in the Arabic language, a central spot for their gatherings. Their protests were initially against deteriorating economic conditions, then on the 7th of February their demands were extended to include the change of the regime which they saw as corrupting. Despite of the concessions made by Mubarak and his promises of not running for the following elections, protestors remained in the streets till the fall of the regime on the 11th of
February 2011.182 In fact, the 25th January revolution came as part of what came to be known ar-Rabīʻ al-ʻArabī (the Arab Spring) or aṯ-'awrāt al-ʻarabiyyah (The Arab
Revolutionaries). The Arab Spring is a term which refers to a wave of revolutionary movements emerged in several Arab countries. Such revolutions demanded the change of the existing regimes during that time which had stayed in power for several decades.
It ignited in Tunis in December 2010, when a Tunisian man named Mohamed Bouazizi set himself on fire in protest on his country’s corrupt government. When the Tunisian revolution following the self- immolation of Bouazizi turned victorious and forced the president to flee his country, similar revolutions erupted in Libya followed by Egypt.183
Though, the Arab Spring aimed for achieving political purposes, yet, what is remarkable for this study is that it broke many barriers on taboo issues and paved the way for the inclusion of gender issues and violence in the public and political discourse of the
181 Ibid, Pp147-159 182 Nepstad, S. E. (2013). Mutiny and nonviolence in the Arab Spring: Exploring military defections and loyalty in Egypt, Bahrain, and Syria. Journal of Peace Research, 50(3), 337-349. 183 Singerman, D. (2013). Youth, gender, and dignity in the Egyptian uprising. Journal of Middle East Women’s Studies, 9(3), 1-27. 78
21st century.184 During the uprisings of the 2011 revolution, as describes Sorbea, women from various segments of society who “inundated the public space, the square, to assert their will, as Egyptian citizens, to remove the regime” had developed during the 18 days of the revolution a new experience and became aware that gender is a political problem.185
It was clear that women have become active “key players” in deciding their future and the future of their country. They demanded freedom, equal citizenship, and better opportunities as necessary steps on the road of gender equality. 186 It is worth mentioning that Women’s participation in the revolution did not mean that they were passive participants in earlier years. There have been some efforts during decades prior to the revolution towards improving women’s situation inside society. Lila Abu-lughod, for instance, describes those efforts as follows:
“in Egypt over the past two decades there has been an NGO-ization of
women’s rights work boosted by significant foreign funding, a strong
governmentalization of women’s rights work as in the takeover of resources
by Suzanne Mubarak and her council on women, and also a kind of
commercialization of feminist work as sophisticated urban feminists involved
themselves in catchy projects that depoliticized issues-like the campaign on
the street harassment that promised to use new technologies including instant
184 It is note mentioning that the Arab spring which initiated in Tunisia and spread among different countries resulted in some positive outcomes to women in following years. In Tunisia for instance and after several years of efforts regarding achieving gender equality- such as establishing a minimum age for marriage and the requirement of mutual consent in a marriage contract, On 26 July 2017, Tunisia achieved to adopt a new law on violence against women. Tunisian first national law on violence against women includes a definition of violence with its different types; physical, psychological, sexual and economic. And provides for new mechanism of protection and assistance to victims of violence. 185 Sorbera, L. (2014). Challenges of thinking feminism and revolution in Egypt between 2011 and 2014. Postcolonial Studies, 17(1), 63-75. 186Rice, X., Marsh, K., Finn, T., Sherwood, H., Chrisafis, A., & Booth, R. (2011). Women have emerged as key players in the Arab spring. The Guardian, 22, 2011. 79
Messaging and that was funded nicely by corporate interests, especially
mobile phone companies.”187
2.2.3. A period of setbacks in Women’s historical gains
On 2011, when President Mubarak started offering concessions before he finally stepped down from power, the Muslim brotherhood member joined the gathering of protestors in Tahrir square. Following the eruption of the January revolution, the
Constitution of 1971 had been annulled on 13 of February 2011 and a new Constitution was being drafted.188It is worth mentioning that on 8th March 2011, hundreds of women who took to the streets to celebrate the International Women’s day, were surrounded by a group of men who harassed and sexually assaulted them. According to Elsadda, those women protesters were accused of three things; copying the western agendas, transcending the cultural values of the society, and of “accomplices of the decadent and corrupt Mubarak regime.”189
On the post-revolution period of 2011, women’s situation became precarious, with the Muslim Brotherhood who ascended to power for a short period which led the country to a period of uncertainty. It seems that history repeated itself when women were deprived of their rights after their participation in the 1919. The same incident happened after their participation in the 25th revolution when the Muslim Brotherhood aimed at deprived them of their historical gains. In the aftermath of Mubarak’s removal from power, In the first parliamentary election of 2011, the Muslim brotherhood formed their political party
187 Abu-Lughod, L., & El-Mahdi, R. (2011). Beyond the" Woman Question" in the Egyptian revolution. Feminist Studies, 37(3), 683-691. 188 Kamal, H. (2015). Inserting women’s rights in the Egyptian constitution: personal reflections. Journal for Cultural Research, 19(2), 150-161. 189 Elsadda, H.(2011). Women’s Rights Activism in Post-Jan25Egypt: Combating the Shadow of the First Lady Syndrome in the Arab World. Middle East Law and Governance,3,84-93 80
the Freedom and Justice Party (FJP). On 2012, they ran for the presidential elections with their candidate Muhammed Morsi who won by 51% of the votes to become Egypt’s elected president.190 It is worth mentioning that the Muslim brotherhood group has been known by their violent history since its founding in 1928 by Hassan Al-Banna. Initially, it was founded to spread good Islamic morals among the population and sought to fight corruption inside society. However, its works had been transformed into political activities including assassinations and bombings. On 1954, whilst the group was banned and many of its members were imprisoned, the group continued its activities clandestinely till the 80th when the group managed to re-join the political life as the biggest opposition party to the ruling regime.191
Only after a brief period of resuming his role as president, Morsi issued a new
Constitutional Declaration on November 2012 and granted himself several powers. It was apparent that the Brotherhood aimed at putting their interests above the interest of other segments of society, the matter that was manifested in the process of drafting the new constitution. The Muslim Brotherhood dominated the Constituent Assembly by appointing 65 Islamists out of the 100 members and thus leaving to women, Copts and secularists only 20 seats.192 They directed their attack towards the Convention Against all Forms of Discrimination against Women (CEDAW), the Khul’ Law, the amendments made to the nationality law no. 26/1975 which granted Egyptian nationality to children born to Egyptian mothers, the illegalization of the practice of Female genital mutilation and the of legal age for marriage. In general ,women’s rights previously obtained in
190 ibid 191 Lewis, L. (2012). Convergences and divergences: Egyptian women's activisms over the last century. Mapping Arab Women’s Movements: A Century of Transformations from Within, American University in Cairo Press. Pp49-50 5 192 Tarek H. (2013, January3-9). The Muslim Brotherhood’s past and present, Al-Ahram Weekly News. issue 1129 81
former decades were being attacked.193 On the whole, it became obvious that the
Brotherhood started a process of political “Islamization” of the country’s institutions, and that women were becoming targets of their violence.194 This fact was crystalized by their removal of an article from the draft constitution which have criminalized gender discrimination.195 Further, their stance from women’s rights were apparent through their attack to the National Council for Women (NCW).196 They called for the dissolution of the NCW upon following the criticism directed to it after the 57th session of the UN
Commission on the Status of Women (CSW) which took place from March 4-15 2013.197
Knowing the historical background of the Muslim brotherhood, the political scene during the year 2012 aroused concerns about the future of women under the rule of the Muslim
Brotherhood due to their denial of women's rights.198
Many voices were raised against the personal status laws amended during
Mubarak’s regime and claimed that the laws were harming to the stability of Egyptian families. The personal status laws included the Khul Law mentioned above which allowed wives to obtain a unilateral divorce through a judicial order and raising the age of children in the custody period in which they stay with their mother to 15 years old. On the other side, advocates on the laws insisted that these laws were based on the Islamic sharia with no contradiction to the Islamic faith. Further they pointed out that before these laws came
193 Sika, N., & Khodary, Y. (2012). One step forward, two steps back? Egyptian women within the confines of authoritarianism. Journal of International Women's Studies, 13(5), 91-100. 194Tarek H. (2013, January3-9). The Muslim Brotherhood’s past and present, Al-Ahram Weekly News. issue 1129 195Women the victim of violence — then be blamed (2013, January 16). Retrieved from AL- Ahram weekly newspapers http://weekly.ahram.org.eg/News/2117/22/Social-media.aspx 196 Egypt’s women Council slams shura MPs over UN criticism. (2013.April 16). Retrieved from http://english.ahram.org.eg/NewsContent/1/64/69405/Egypt/Politics-/Egypts-women-council-slams- Shura-MPs-over-UN-criti.aspx 197Salafist MP calls for dissolution of Egypt’s National Council for Women (2013, May30), aharam News. Retrived from http://english.ahram.org.eg/NewsContent/1/64/72765/Egypt/Politics-/Salafist-MP-calls- for-dissolution-of-Egypts-Nation.aspx 198Alvi, H. (2015). Women's rights movements in the'Arab Spring': major victories or failures for human rights?. Journal of International Women's Studies, 16(3), 294-318. 82
into force during the Mubarak regime, they have been approved by the Azhar Islamic
Research center before they were presented to the People’s Assembly.199
The Muslim Brotherhood Freedom and Justice Party, for instance aimed at reviving the outlawed practice of Female genital mutilation (FGM) which had been outlawed since
2007. Their attempts to renew the procedure included launching propagating campaigns and charity mobile convoy in May2012 performing FGM in villages and proveniences of the southern part of Egypt.200 They spread among illiterate citizens that girls who are not circumcised are lacking the religious faith. Members of the MB further forced poor families in some Egyptian governments to circumcise their daughters.201
The situation which Egypt witnessed under their rule, made the majority of the
Egyptian worried about the situation of their country. For this on 25 January 2013, for instance, the Egyptian square of Tahrir was filled with all strata of society who took to the streets to urge the Morsi to step down. Women participated peacefully by raising photos of prominent and feminist figures among history such as Huda Sharawi and Duria
Shafik.202 Nonetheless, violence against women escalated in the Tahrir square where 19 cases were reported to have been victims of violence on that day. Women were attacked, beaten or cut by blades in parts near their genitals. Victims “who were shouting slogans related to the empowerment of women and criticism of president Morsi” were encircled by a group of men who groped victim’s bodies, breasts, and genitals. The organized attacks aimed to refrain women from participating against the regime. In the story of one of the victims to amnesty international the scene of the assault was described as follows:
199 Leila, R. (2011, May 5-11). Controversy over 'Suzanne's laws'. Retrieved from Al-Ahram Weekly News. 200Egypt to revive female genital mutilation in the name of Islam?(2012, May16) Retrieved from RT website https://www.rt.com/news/egypt-revive-mutilation-alarm-372/ 201 "Al-Talawy" accuses the Brotherhood of the prevalence of female genital mutilation: "they do everything necessary to break women.(2016, June2). Retrieved from al-Masri al Youm News http://www.almasryalyoum.com/news/details/887794. Visited on 27 June 2017 202 Salmawy, M. (2015): Single Shot Pistol Egypt under Brotherhood rule, Al Dar Almasriah al-libnania Publications, Cairo.. Pp251-252. 83
“The space was gradually becoming narrower and I started hearing [name
removed] screaming… The girl next to me disappeared… Tens of hands then
came onto me, some touching my thighs… I started screaming: ‘What is this?
What is happening?’… Then five or six men dragged me away from the
circle, as someone was trying to lift my clothes up... They didn’t manage
because I had lots of layers on and a long heavy coat... They were pulling and
pushing me in all directions. At some points, I couldn’t feel my feet on the
ground.”203
On April 2013, a movement composed of young activists (Tamarod) started collecting signatures for a petition asking Morsi for resignation. The movement succeeded through its activism in the streets, and on social media such as Facebook and
Twitter to collect more than 22 million signatures from Egyptians on the petition.204 Upon
Morsi’s refusal to step down from power, after the collection of more than 22 million signatures on the petition, Egyptian masses exceeding 33 million people, took to the streets in a massive demonstration.205 The fear of the (MB), immensely reinforced the notion that women’s rights are at stake, and therefore women participated in the massive demonstrations. Upon the demands of the Egyptian people, Morsi was given an ultimatum of 48 hours to step down from power.206 On 3 July 2013, after the revolutions of 30 June which removed Morsi from power, the constitution which was drafted in 2012
203Amnesty International. (2013). Egypt: Gender-based violence against women around Tahrir Square. Retrieved from https://www.atria.nl/epublications/IAV_B00108541.pdf 204Egypt's Tamarod protest movement (2013, July1), BBC. Retrieved from http://www.bbc.com/news/world-middle-east-23131953 205 Salmawy, Mohamed (2015): Single Shot Pistol Egypt under Brotherhood rule, Al Dar Almasriah al- سﺪﺴﻣ ا ﻟ ﻄ ﻠ ﻘ ﺔ ا ﻟ ﻮ ا ﺪﺣ ة ٫ ﻣ libnania Publications, Egypt. Pp371-375. Original title of the book in Arabic is . ﺖﺤﺗ ﻢ ﺣ ناﻮﺧﻻا 206 Tarek H. (2013, January3-9). The Muslim Brotherhood’s past and present, Al-Ahram Weekly News. issue 1129 84
was suspended and a new committee formed of experts was formed to amend the suspended Constitution. The final draft of 2014 Constitution, as Hala Kamal puts it, revealed that “women’s voices were heard”.207The removal of Morsi from power was in response to the demands of most of the Egyptians including women who saw in the rule of the Muslim Brotherhood a threat towards their country. Everyone was concerned about the future of Egypt under the rule of those radical and extremist group who wanted to return the country to years of ignorance and subjugate women to several types of discrimination and backwardness. They viewed women’s role as a one which should be restricted to the domestic sphere with no participation in the public one. Hence, the removal of Morsi from power was a fundamental step for protecting Egypt. It became clear that such a step not only marked the end of a hostile regime to women’s rights, but rather, opened the door for bigger role of women’s participation as equal citizens to men.
It further, placed the issue of violence against women on the political agenda of the new era starting from 2014.
In the above sections of this chapter, my aim was not directed to any political interest, but rather to reflect back on the situation of women under the different transformations. The transformations which have taken place in Egypt through history played a great role in the current situation of women where finally the topic of violence against women as a social problem was included into the public and political discourse after long struggle of feminist and activists. Like western feminists who challenged the narrow social expectations of intellectuals which regarded women as inferior, Egyptian feminists played a similar role in Egypt during the 19th and 20th century and paved the way for further generations of women. They refused gender segregation imposed upon
207 Kamal, H. (2015). Inserting women’s rights in the Egyptian constitution: personal reflections. Journal for Cultural Research, 19(2), 150-161. 85
them and struggled to obtain what was granted to male members of society. However, their feminism was based on respecting their religion without transcending their moral code as Muslims. Yet what they refused what was erroneously imposed upon them and inherited from social customs in the name of religion. Hala kamal, for example, suggests
“a framework in which the Egyptian feminist movement could be divided into four waves”, according to such division the first wave takes place during the period which extends from the 1919 revolution till the 1923. The second wave takes place starting with the 1956 which witnessed what came to be known as state feminism. The third wave as she classifies them dates back to the late 1970s and early 1980s. Finally, the fourth wave started after the 25th January revolution and the rising of feminist activism.208
2.3. Towards addressing violence in the new era of the state
2.3.1. Violence as a broad term
Violence as a broad term is defined by the World Health Organization as “The intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment or deprivation.” It is divided into three categories; self-directed which include harm inflicted upon oneself, interpersonal which include violent acts between family members of strangers, and collective violence that is perpetrated by large groups or states against individual.209
Among these broad categories, violence against women constitutes part of the interpersonal violence which in turn is divided into two subcategories; acts of violence
208 Kamal, H. (2015). Inserting women’s rights in the Egyptian constitution: personal reflections. Journal for Cultural Research, 19(2), 150-161. 209 Krug, E. G., Mercy, J. A., Dahlberg, L. L., & Zwi, A. B. (2002). The world report on violence and health. World Health Organization, Geneva. 86
by family member, or those perpetrated by strangers inside a community.210 It represents one of the epidemic problems in distinct parts of the globe and adopts various forms such as; beating, murdering, trafficking, genital mutilations among many other types. And it affects women despite of their education, age, or financial status either economically, psychologically or sexually.211 As shown in the following Figure, it exists in a female life cycle either in the period of pre-birth, girlhood, adolescence and adulthood or against elderly women.212 In pre-birth stage, violence could appear in abortion operations in some countries on sex selective basis. It also affects girls through different stages of life as seen in several countries from girls undergoing female genital operations, suffering child marriages or different types of abuse. It is estimated, for example, that around 650 million girls and women around the world “have been married as children, and over 200 million have undergone FGM.”213 Violence also extends throughout the life cycle of a woman to affect elderly women in various forms.
210 Krantz, G., & Garcia-Moreno, C. (2005). Violence against women. Journal of Epidemiology & Community Health, 59(10), 818-821. 211The United Nations, United Nations Statistics Division (2015). The World’s Women 2015: Trends and Statistics. Retrieved from https://unstats.un.org/unsd/gender/worldswomen.html 212 World Health Organization. (1997). Violence Against Women: Definition and scope of the problem. Geneva, Switzerland: The World Health Organization. 213 UNICEF.Harmful practices: Child marriage and female genital mutilation are internationally recognized human rights violations. Retrieved from https://www.unicef.org/protection/harmful-practices 87
Figure 1
Violence against Women Throughout the life cycle
Pre-birth 1-Sex-selective abortion 2-Effects of battering during pregnancy on birth outcomes
Elderly Infancy 1-Forced suicide or 1-Female infanticide homicide of elderly 2-physical, sexual and women for economic psychological abuse reasons 2-sexual, physical and psychological abuse
Adolescence and Girlhood Adulthood
1-Child marriage 1-Trafficking 2-female genital 2- sexual abuse in the mutilation home or workplace 3-child prostitution 3-partner violence 4-pornography
Source: The table is my own elaboration based on World Health Organization. (1997). Violence Against Women: Definition and scope of the problem. Geneva, Switzerland: The World Health Organization. Retrieved from https://www.who.int/gender/violence/v4.pdf
88
One of the main characteristics of violence against women is that it is mainly directed towards women for the only reason of belonging to the female sex. Therefore, it is often referred to as gender-based violence due to its link to women’s subordinate status inside society.214 It is seen “as frequently in the houses of the rich as in those of the poor” where it only differs according to culture.215 For a better understanding of the term, the United Nations General Assembly provided a clear definition on the matter.
Through its Declaration on the Elimination of Violence against Women, the General
Assembly introduced the “first official and comprehensive definition” of violence against women in 1993.216 It is, thus, defined as “any act of gender-based violence that results in, or is likely to result in, physical, sexual, or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.”217 It is classified into four categories; physical, economic, psychological, and sexual. The physical violence, refers to the
“behavior by which a person(s) intentionally hurt another person physically.”218 This could include beating, slapping, pushing, choking, threatening a victim with a certain weapon, or ingestion of any object into the victim’s body. It results in injuries such as scratches, bruises and burns,219 and in certain cases physical violence could lead to
214 Kharboush, I. F., Roudi-Fahimi, F., Ismail, H. M., Mamdouh, H. M., Muhammad, Y. Y., Tawfik, M. M., ... & Sallam, H. N. (2010). Spousal violence in EGYPT. Population Reference Bureau. 215 French, S. G., Teays, W., & Purdy, L. M. (Eds.). (1998). Violence against women: Philosophical perspectives. Cornell University Press. 216 Somach, S., & Abou Zeid, G. (2009). Egypt violence against women study. Literature review of violence against women. Washington (DC): United States Agency for International Development. 217 Assembly, U. G. (1993). Declaration on the Elimination of Violence against Women. UN General Assembly. Retrieved from http://www.un.org/documents/ga/res/48/a48r104.htm 218Steen, K., & Hunskaar, S. (2004). Gender and physical violence. Social Science & Medicine, 59(3), 567- 571. 219Duvvury, N., Marcos, M. O., Gadallah, M., Attia, S., El Adly, N., Maged, W., & Haddad, G. (2016). The Egypt economic cost of gender-based violence survey (ECGBVS) 2015. Cairo: Central Agency for Public Mobilization and Statistics (CAPMAS), Egypt.
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death.220 Psychological Violence, on its turn, impairs all actions that result in psychological harm to a victim and encompasses a wide range of actions including insulting a female victim or “belittling her in front of others.”221 It further encompasses the act of ignoring or treating a victim indifferently and forbidding her from visiting her relatives or participating in any social activity.222 In marital relations, for instance, psychological violence could be seen in continuous threatening of a wife by several means which include the threat of divorce.223 As for the Economic violence, it refers to the act of restricting or controlling a woman’s access to economic resources or preventing her from working or from decision making on economic resources. It could extend to forcing a woman to give up all her economic earnings under the use of force to her husband.224 This occurs with the aim of guaranteeing a wife’s subjection to the cycle of violence in which she lives.225The fourth type of violence namely sexual violence, it refers to a wide range of sexual acts which are perpetuated by a stranger or a known person. In its report on violence and health, the World Health Organization defined sexual violence as “any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or otherwise directed, against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work.”226According to
220 United Nations Economic and social Commission for Western Asia. (2017). Status of Arab Women Report 2017 Violence against Women: What is At Stake. Retrieved from https://www.unescwa.org/sites/www.unescwa.org/files/publications/files/arab-women-report- violence-against-women-english.pdf 221 ibidem 222 Mosleh, H., Abdelhai, R., Roudi, F., & Ashford, L. S. (2015). Advancing Egyptian society by ending violence against women. 223National Council for women (2012). Violence against women. Nation council Publications, Cairo. 224 Mosleh, H. & Abdelhai, R (2014). Cairo University Study Shows Mental Ill-Health During Pregnancy Is Associated with Spousal Violence. Population Reference Bureau. 225 Krug, E. G., Mercy, J. A., Dahlberg, L. L., & Zwi, A. B. (2002). The world report on violence and health. World Health Organization, Geneva. Retrieved from http://apps.who.int/iris/bitstream/10665/42495/1/9241545615_eng.pdf 226Krug, E. G., Mercy, J. A., Dahlberg, L. L., & Zwi, A. B. (2002). The world report on violence and health. World Health Organization, Geneva. 90
the World Health Organization report on violence and Health 2002, sexual violence includes: “coerced sex in marriage and dating relationships, rape by strangers, systematic rape during armed conflict, sexual harassment( including demands for sexual favors in return for jobs or school grades), sexual abuse of children, forced prostitution and sexual trafficking, child marriage, and violent acts against the sexual integrity of women, including female genital mutilation and obligatory inspections for virginity.”227 Sexual violence could be produced in several circumstances either in private or in public spaces and could be performed by known or unknown persons.
Perpetuating sexual violence by Known persons could take place inside a marital relationship, for instance, through which a husband or a partner forces his wife to perform any sexual act considered humiliating to her or force her to have sex against her will.228 It also occurs in families when parents marry off their daughters in an early age in what came to be known as child marriage.229 In some cultures, sexual violence appears in honor killings in which parents kill their daughter to defend their honor.230
Further, sexual violence is often seen in the practice of female genital mutilation imposed on young girls by their caregivers which I will discuss in the next chapter.
227 World Health Organization. (2002).World report on violence and health: summary. Retrieved from https://www.who.int/violence_injury_prevention/violence/world_report/en/summary_en.pdf 228 United Nations Economic and social Commission for Western Asia: Status of Arab Women Report 2017 Violence against Women: What is At Stake. Accessed at: https://www.unescwa.org/publications/arab- women-report-violence-against-women 229 Roudi-Fahimi, F., & Ibrahim, S. (2013). Ending child marriage in the Arab region. Population Reference Bureau, 1(8). 230 Plan International. Gender Based Violence. https://plan-international.org/ending-violence/gbv- gender-based-violence# 91
2.3.2. Violence in the Egyptian society
The problem of violence against girls and women had always been an epidemic problem in the Egypt despite the shortage in data. With the fall of an authoritarian regime in Egypt, social barriers on taboo issues have been broken and feminists’ activism after that period succeeded in establishing an inclusive framework for addressing the different forms of violence against women inside the Egyptian society. It was in light of the escalating violence against women in all cities of Egypt, that silence was no longer an option. It became obvious that violence became a problem for the society as a whole. In
Egypt Feminist discourse on violence can be traced back inside the Egyptian society to the early twentieth century when feminists started to direct their criticism towards existing social practices during their time such as prostitution which occupied their concern during the colonial period. Also, they directed their efforts as mentioned in the first chapter towards reforming the personal status law and restricting the practice of polygamy which caused psychological harm to women. Yet those efforts exerted towards those practices could not be described as efforts directed towards the concept of violence as a broad term of its perception in the 21st century. And in spite of the state’s efforts during the final decades of the 20th century and the beginning of the 21st century to enhance the situation of women and outlaw certain practices against women, those efforts were of little influence on the political debate. As a result, violence as a major problem did not occupy the attention of the public discourse.
It was the new threat Egyptian women faced during the political transformations, which brought the radical Islamists to power in the post 2011 revolution, that alarmed feminists as well as the state. For this they were determent to addressing violence as a major problem for women and an issue to be included in the political agenda of the 21st
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century. Accordingly, I believe that tackling violence against women initiated directly after the removal of the Muslim Brotherhood from power, a time when violence as well as women’s rights were included on the political and social agendas of the state. I believe that the outcome of a long struggle of Feminists efforts against violence in that period was coined with the state’s adoption of the 2014 Constitution which included for the first time articles not mentioned in the previous constitution and provided equality between men and women in all rights.231 Those efforts to combat violence against women or any type of discrimination against women in the period following the fall of the Muslim
Brotherhood regime, included Amendments to Article 11 of the Constitution to become more equitable for women. Article 11, for instance, states that “the State shall commit itself to protect women against all forms of violence.”232 Moreover, article 11 mentions the state’s commitment to ensuring “women empowerment to reconcile the duties of a woman toward her family and her work requirements.”233 According to article 25 of the
Egyptian Constitution, the state commits to work on eradicating “alphabetical and digital illiteracy for all citizens.”234Moreover, the constitution, in its article 53, established for equality in public rights and duties and declared that all citizens “are equal before the law, possess equal rights and public duties, and may not be discriminated against on the basis of religion, belief, sex, origin, race, color, language, disability, social class, political or geographical affiliation, or for any other reason”. And that all necessary measures shall be taken to eliminate any form of discrimination.235
- ﺪﺿ - ﻒﻨﻌﻟا - ﻣ ﺎ ﺔﺤﻓ /Combating violence against rural women and access to justice. http://ncw.gov.eg/ar 231 / او ﻮﺻﻮﻟ - ﺔ ﻔ ﻟا -ا اﺮﻤﻟ ةاﻤ 232 National Council for women. Press release 233 Egypt's Constitution of 2014, Translated by International IDEA. Retrieved from https://www.constituteproject.org/constitution/Egypt_2014.pdf. Accessed on 23/1/2018 234 ibid 235 Ibid 93
According to Nehad Abol Komsan, the 2014 constitution is “considered one of the best constitutions that maintained women’s rights in Egypt’s history” since it granted mothers the right of passing the Egyptian nationality to their children from non-Egyptian husbands, raised the obligatory education to the secondary level which declines child marriages, and criminalizing trafficking in women and girls.236 Further, According to article 51 of the Egyptian constitution, Human dignity is a right of all citizens without discrimination as declared and to article 60 of the Egyptian constitution, any mutilation to the human body is “a crime punishable by law.”237 A child according to the definition of the Egyptian constitution (article 80) is “anyone who has not reached 18 years of age” who shall be protected by the state from any form of violence or sexual exploitation according to the same article of the constitution.238Moreover, on 2014, one of the positive steps towards addressing violence against women inside society was the ratification of a new law “criminalizing sexual harassment” by punishing the perpetrator by imprisonment and a fine. Violence against women units, were also established by the Ministry of Interior to provide more protection to victims of violence.239 In 2014, as a positive step to combat sexual harassment, the Cairo University established an Anti-Harassment Unit, in which complaint could be sent to provide an assistance to the victims.240 Further, violence against women were addressed through several campaigns among them the 16 Day
Campaign denominated “Konnie” which took place during the period 25thof November
236 Egyptian Center for Women’s Rights. (2014). Women’s Status Report Summary of the Egyptian Center for Women’s Rights 2014. Retrieved from https://ecwronline.org/index.php/2015/03/08/2014-the-year- of-unfulfilled-promises-for-egyptian-women/ 237 Egypt's Constitution of 2014, Translated by International IDEA. Retrieved from: https://www.constituteproject.org/constitution/Egypt_2014.pdf. Accessed on 23/1/2018 238 Ibid 239 Egyptian Center for Women’s Rights. (2014). Women’s Status Report Summary of the Egyptian Center for Women’s Rights 2014. Retrieved from https://ecwronline.org/index.php/2015/03/08/2014-the-year- of-unfulfilled-promises-for-egyptian-women/ 240 For more information on the Anti-Harassment Unite inside the Cairo University, visit the following link: https://cu.edu.eg/anti-harassment 94
till the 10thof December 2016. It focused on communications with youth and families in different governments of Egypt to raise awareness among them of the importance of combating all types of violence.241 Under the auspices of the National Council for
Women, and with the participation of the Social Research Center of the American
University in Cairo, and El-Zanaty and Associates, the International Men and Gender
Equality Survey (IMAGES) was conducted in Egypt in 2016-2017, to corporate in understanding men’s attitudes towards certain topics of gender equality. The Survey tackled men’s attitudes and practices in this respect and women’s opinions on topics related to gender equality and violence against women. The Survey included a sample of
3000 households from five governorates in Egypt – Cairo, Menoufia and Sharkia, Sohag and Beni-Suef). The five selected governorates represent both urban and rural areas.242
The questionnaires involved into the survey covered a range of topics related to gender equality including topics of marriage and divorce, women’s role in public life, violence and female genital mutilation.243 Further, the year 2017 was declared a year for women due to the efforts exerted by the country- nationally, regionally and internationally - to enhance the situation of Egyptian women.
It is true that women had suffered among different stages of history from violence both in the private and public spheres. In the public sphere, for instance, women had
“suffer from all forms of sexual harassment; starting with verbal harassment up to rape¨.244 In the private sphere, on the other hand, girls and women suffered from the traditional practice of female genital mutilation which highly affected a country with a
241 The National Council for Women. Visited on 11 April 2018 /اﻟ ﺮﻤ أ ة - ﺪﺿ - ﻒﻨﻌﻟا - ﻨﻤﻟ ﺔﻀﻫﺎ - مﻮﻳ -16 ﻟا ـ - ﻤﺣ ﻠ ﺔ /http://ncw.gov.eg/ar 242 National Council For Women: 2016-2017 Understanding Masculinities: INTERNATIONAL MEN AND GENDER EQUALITY SURVEY (IMAGES), Egypt. http://ncw.gov.eg/wp- content/uploads/2017/12/mosawaeng.pdf. Accessed on 25 January 2018 243 Ibid 244 Abol Komsan, N. (2014). Women’s Status Report 2014 Summary. Egyptian Center for Women’s Rights, Retrieved from http://ecwronline.org/?p=6595 95
population of over 91 million persons according to the Gender Global report.245 For my part my discomfort with the promotion of the practice of female genital mutilation among the common population in the name of religion led me to is to examine only the practice of FGM which made several segments of the Egyptian population become deceived by radical opinions on the practice and hence keep performing it on their daughters.
Though women’s issues were not the main concern of political players during several decades, yet, the inclusion of women and gender issues in political agenda was intensified recently during the regime of President Sisi. The permanent encouragement for Egyptian women was further reflected in the recent cabinet reshuffle of December 2019 which witnessed the assumption of 7 ministerial portfolios by women.246
2.3.3. The role of the media
Since the role of the media and Television has become an influential channel in the lives of people on a daily basis, it came to an important channel in transmitting correct information about the violent practice of FGM. Aimed at raising awareness on the issue of violence against women, the media treatment of violence was outstanding. Public debate emerged through the media where Taboo issues became a public discussion in TV programs to raise awareness among society of the negative consequences of violence. In recent years television programs were broadcasted “disseminating information” about the negative consequences of FGM tackling both health and religious sides.247 These
245 The Global Gender Gap Report. 2016. The World Economic Forum. http://reports.weforum.org/global- gender-gap-report2016/economies/#economy=EGY 246 Egyptian women have a greater role in the political scene; The reshuffle confirms President Sisi’s support and confidence in her. (2019, December 22). Ahram News. Retrieved from http://gate.ahram.org.eg/News/2340297.aspx 247 United States Department of State. (2001).Egypt: Report on Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) Retrieved from www.refworld.org/docid/46d57876c.html 96
programs used influential public figures such as the Minister of Health and Population as well as the Grand Mufti of Al Azhar who addressed the issue in a simplified manner to reach to the minds of ordinary people. Moreover, soap operas tackled FGM either directly or indirectly. In 2013, for example, a famous soap opera named Bent Ismaha Zaat (A girl named Zaat) addressed the issue of FGM through exploring the political and social changes that occurred in Egypt during the two revolutions of 1952 and 2011.248 Inside this work, FGM is tackled in a scene that shows the barbarity of this procedure by using a shaver knife during operation. The negative effects of FGM were also highlighted through shedding the light on the difficulties the protagonist faced since an early age and through her marital life which convinced her to refuse circumcising her daughters.249
Another art production that shed the light on the practice of FGM is a movie called Asraar
Al-Banat (Girls’ secrets) in which the protagonist who had been engaged into a premarital relation with her boyfriend got pregnant. On the day of the delivery, being not married the doctor who delivered her performed circumcision on her without the consent of her parents out of his judgment that she should be circumcised since she has an immoral behavior. In a scene with his colleague about why he performed the operation of FGM he expressed his belief that her illicit behavior was due to the fact that she had not been circumcised.250 The argument in the scene between her family and the doctor reflects a message through the media.
248 For information about the soap opera see: www.elcinema.com/work/1975418/content 249 An article in Arabic about TV series that dealt with the practice of FGM in the Egyptian society, Sada Al-Balad newspapers. http://www.elbalad.news/2324932 Accessed on 15 July 2016 250 An article in arabic about TV series that dealt with the practice of FGM in the Egyptian society, Sada Al- Balad newspapers, 15 July 2016, accessed at: http://www.elbalad.news/2324932. For more information see also http://www.elcinema.com/work/1975418/content 97
The media, as Miguel Lorente Acosta describes, plays a key role in contributing to spread the knowledge about the reality of existing aggression against women.251
Through the information transmitted through the television channels in Spain, for instance, tackling the issue of violence against women, people got aware of a reality existing around them in society. Likewise, Egyptian television and social media played during the last few years an open channel for discussing issues which had been considered taboo subjects in the past. Highlighting the issue of FGM as a violation of girls’ rights had been the focus of many public campaigns and tv programs as well as film production.
Television, for example, has become an influential source in the lives of its audiences, on daily basis, hence it could be used as an important channel of transmitting correct information on social misconceptions. TV programs have been used lately regarding this matter.
Further, modern technologies and the spread of several channels of mass media such as Facebook and YouTube were used to denounce violence and spread awareness among the public. For this, short films, documentaries and campaigns were realized in collaboration with UN agencies such as Zero Tolerance for Female Genital Mutilation campaign. Moreover, art was used as a “powerful tool” to convey certain messages such as criticizing sexual harassment252, FGM or underage marriages. The Egyptian caricature artist Doaa Al-Adl, for instance, used caricatures “to illustrate how Egypt's customs, laws and societal perceptions continue to affect women's lives dramatically”.253In one of her caricatures, she sheds the light on the problem of underage marriages from foreigners for
251 Acosta, M. L. (2003). La violencia contra las mujeres en los medios de comunicación: entre la noticia y la información. In Medios de comunicación y violencia contra las mujeres (pp. 33-44). Instituto Andaluz de la Mujer. 252 For more information about the efforts and initiatives undertaken to combat sexual harassment visit: HarassMap (https://harassmap.org/en/), OpAntiSH (http://www.facebook.com/opantish), Shoft Ta7arosh (https://www.facebook.com/pg/Shoft.Ta7rosh/about/). 253 Noureldin, O. (2017, March,8). International Women’s Day: Egyptian cartoonist sheds light on 10 discriminatory laws against women. Egypt Independent News. 98
an exchange of an amount of money. In another caricature, Al-Adl depicts the problem of Female genital mutilation that is still widespread in increasing rates.254
2.3.4. International recognition of violence against women as a problem
It is worth mentioning that violence as a social problem had always occupied Western feminism.255 Radical feminism, in particular, took violence against women as one of the main topics of their concern. For its part, it offered “the most detailed analysis of the function of male violence in terms of women’s oppression.”256 Feminist theory on violence considered violence as the nuclear of “men’s control over women” and female subordination and linked the causes of male violence against women to the unequal relations between the sexes. Through the lens of Western feminist theory on violence, it reinforced the idea that violence is a “culturally rooted conduct” that is an outcome of a certain system of inequality between men and women.257 They linked violence to the concept of Patriarchy which is referred to as a type of a universal power scheme in which women had been and are still under male authority.258 This theory is based on the believe that Patriarchy was created to transform biological differences between the sexes into social constructed inequalities where socially constructed values were attributed to each sex. Therefore, men use social construction of biological differences to guarantee their authority and power over women’s bodies to reflect their virility. They reduce women to the position of body/sex and transform them into mere sexual objects available for male
254 See Appndix No1 255 Mooney, J. (2000). Gender, violence and the social order. Springer. Pp 66- 108 256 Ibidem 257 Perez, Jesus M. 2011. “Intervencion con mujeres victimas de violenica de genero”. In Perspectivas de la violencia de género, Pérez Viejo, Jesús M., Ana Escobar Cirujano, and Soledad Murillo. Madrid:Grupo 5 258 Valcárcel, A. (2012): Feminismo en el Mundo Global, Ediciones Catedra, Spain.pp255-282 99
satisfaction.259 Further, feminists believe that any patriarchal system, in order to “endorse and justify” violence, creates stereotypes and myths that are consolidated through history.260 Those stereotypes were constructed to control women’s body and guarantee their obedience under “clearly patriarchal dominance parameters”261
Violence against women was considered a private matter for a long time.262
However, feminism as social and political movement which emerged to help women gaining awareness and conscience of their situation of oppression and subordination succeeded in bringing the issue of violence to the international arena. Their efforts were not limited to exploring the reasons of female subordination, or the nature of violence, but rather, one of the great achievements of feminism is its success to turn personal subjects into public issues inserted in political agendas of many countries. Since violence represented a major problem which affected women all over the world and violated their fundamental human Rights, it became a matter of international attention. This focus given to violence was expressed in the general recommendation no 19 of the Convention on the
Elimination of Violence against women which stated that “Gender-based violence is a form of discrimination that seriously inhibits women's ability to enjoy rights and freedoms on a basis of equality with men.”263 The link between women’s discrimination and violence against women in the international documents was an outcome of feminism for several decades. Feminism linked discrimination and violence in the binary relation domination/subordination resulted from the sex/gender system.264 As Raquel Osborne
259 Herrero, M. T. (2011). Violencia sexual:" cuando dicen no, quieren decir sí". In Perspectivas de la violencia de género (pp. 121-144). Madrid: Grupo 5. 260 ibidem 261 Martin, A. (2006). Antropología Del Genero, Madrid: Catedra, p 248. 262 Yakin E. (2012). Linking research, policy and action: a look at the work of the special rapporteur on violence against women, Current Sociology 60 (2), p. 143. 263 Assembly, U. G. (1979). Convention on the Elimination of All Forms of Discrimination against Women. Treaty Series 1249: 13. General recommendation No. 19: Violence against women. Retrieved from https://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm 264 i Mestre, R. M. M. (2017). Las MGF como una forma cultural de violencia contra las mujeres en el Convenio de Estambul. Revista europea de derechos fundamentales, (29), 205-219. 100
pointed out, the international attention given to women’s rights as human rights started with the adoption of the Universal Declaration of Human Rights (UDHR) in 1948 proclaimed by the United Nations General Assembly on 10 December 1948. The international community’s concern with those rights were directed towards women’s political and civil rights, however, starting from the 70s social and economic rights were brought into the focus of the United Nations as important topic for women’s protection.265
In 1948, with the adoption of the Universal Declaration for Human Rights, women’s rights as human rights were tackled to avoid any discrimination on the basis of sex.266
The interest in enhancing women’s rights were further consolidated with the adoption of two international covenant; the International Covenant on Economic, Social and Cultural
Rights (ICESCR) and the International Covenant on Civil and Political Rights(ICCPR).
Both Covenants guaranteed in their articles equal rights to all individuals including women with no distinction based on sex. The International Covenant on Economic, Social and Cultural Rights adopted on 16 December 1966 and entered into force 3 January 1976 ensured in its articles “the equal right of men and women to the enjoyment of all economic, social and cultural rights.”267 Furthermore, The international Covenant on
Civil and Political Rights adopted on 16 December 1966 and entered into force 23 of
March 1976 stressed that all humans and individual rights should be respected and guaranteed with no distinction of any kind such as those distinctions based on sex which meant that women should not be deprived on civil and political rights mentioned in the covenant according to articles 2, 3, and 4 of the Covenant. It also stressed that no individual should be exposed to torture or inhumane treatment according to article 7 of
265 Osborne, R. (2009). Apuntes sobre violencia de género. Barcelona. Pp 17- 52 266 Universal Declaration of Human Rights (1948). Available from http://www.un.org/en/universal- declaration- human-rights/. 267 The United Nations International Covenant on Economic, Social and Cultural Rights.Accesses at: https://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx 101
the Covenant. Article 23, further tackled women’s rights to decision making in deciding issues related to marriage such as the issue of consent.268
With the adoption of the Convention on the Elimination of All Forms of
Discrimination against Women on 18 December 1979, by the United Nations General
Assembly, yet entered into force on 3 September 1981 the recognition of women’s rights took a new level. Despite that the Convention, did not directly mention the issue of
Violence against women in its articles, nevertheless it resulted in paving the way for following efforts on the international level exerted towards the elimination of violence against women. The CEDAW stressed on the importance of elevating the status of discrimination in which women live and on removing any cultural or traditional practice which affects women’s enjoyment of equality. In its articles, there was a call for the states to suppress all forms of discrimination and exploitation of women.269 The Convention came to be considered the most important document towards achieving women’s right after 30 years of UN efforts. It is regarded as an important contribution towards the protection of women and girls’ human rights. The attention given to violence as points
Osborne, initiated gradually during the 80s with these efforts, yet, it was the Third World
Conference on Women, held in Nairobi, 1985, which marked the first denouncement of violence. Further, the General Assembly adopted, through its resolution 48/104 of 20
December 1993, the Declaration on the Elimination of Violence Against Women.
However, violence against women in some form, such as sexual abuse or female genital mutilation had been completely ignored to be regarded as human rights violation, as mentions Osborne, till the Fourth World Conference on Women held in Beijing in 1995
268 The United Nations International Covenant on Civil and Political Rights. Accessed at: https://www.ohchr.org/Documents/ProfessionalInterest/ccpr.pdf 269 Assembly, U. G. (1979). Convention on the elimination of all forms of discrimination against women. Retrieved from https://www.un.org/womenwatch/daw/cedaw/text/econvention.htm#article1
102
in which violence in all its forms were regarded as a violation of human rights of women.270 While the international recognition of violence against women, as mentions
Osborne, initiated during the 80s, it was the efforts of western feminists during the 70s, which brought to light the topic of sexual violence. According to their ideology, they linked violence and in particular sexual violence with the social subordination of women in a system of domination. Under this system, women and their sexuality were considered a property of men to be used as these men wish. For this, women were threatened with violence by a man or a group of men if they do not follow the social norms. Therefore, those feminists of the 70s collected their efforts to denounce the patriarchal system which allows this male domination over women. 271
The adoption of the Declaration on the Elimination of all forms of Discrimination Against women in 1993 which came as a complementary document of the Efforts towards enforcing the works of the CEDAW. The Declaration endorsed a clear call for states to end and eliminate violence against women and girls.272 Since the 1994, through the declaration, Violence against women was announced as a violation of rights by the
General Assembly a matter which had not been previously recognized as a human rights violation since the ratification of the UN Charter in San Francisco in 1945, by the five permanent member states of the United Nations.273 The Beijing Declaration and Platform for Action, adopted in 1995, further affirmed the call previously made in the Declaration on the Elimination of all Forms of Discrimination against Women on the importance of condemning and addressing violence against women.274
270 Osborne, R. (2009). Apuntes sobre violencia de género. Barcelona. Pp 17- 52 271 Ibid. Pp 53- 82 272 Assembly, U. G. (1993). Declaration on the Elimination of Violence against Women. UN General Assembly. Retrieved from http://www.un.org/documents/ga/res/48/a48r104.htm 273 Tardon, B. (2011). Violencia de genero y derechos humanos. Perspectivas de la Violencía de género. Madrid: Grupo 5. 274 United Nations. (1995): Beijing Declaration and Platform for Action. 103
Furthermore, the problem of violence against women has been increasingly addressed in recent years internationally and nationally during the period of 1995-2014 during which at least one survey was conducted in 102 countries. Further efforts exerted to combat violence against women were consolidated by the General Assembly’s adoption of the resolution (A/RES/69/147) in 2014 to intensify the “calls on states to take measures” towards eliminating violence against women.275 In 1999, the General
Assembly designated the date 25 of November of each year as the International Day for the Elimination of Violence against Women. For this, UN organization and governments of different countries were encouraged to organize activities on this day to raise public awareness against the severity of violence against women and little girls. Further, the 16
Days of Activism Against Gender-Based Violence is an international campaign to challenge all forms of violence against women and girls. The campaign takes place every year with a theme tackling one of the gender issues on women. It lasts during the period of 25 of November, till the 10th December. Meanwhile efforts were exerted from several decades to denounce violence, yet the reaction of the international community towards the practice of FGM was recently new. Efforts started in 1984 within the United Nations to study the harmful practices affecting girls and women and it was not until the 1995, when the Beijing platform of Action announced FGM as a type of violence against women and a violation of human rights.276
On the European level, most recently in 2011, an important document was ratified regarding combating violence against women namely ‘The Convention on preventing and combating violence against women and domestic violence’ which was adopted by the
Council of Europe Committee of Ministers on 7 April 2011. The convention was opened
275 The United Nations, United Nations Statistics Division (2015). The World’s Women 2015: Trends and Statistics. Retrieved from https://unstats.un.org/unsd/gender/worldswomen.html 276 i Mestre, R. M. M. (2017). Las MGF como una forma cultural de violencia contra las mujeres en el Convenio de Estambul. Revista europea de derechos fundamentales, (29), 205-219. 104
for signature in Istanbul on 11 May 2011and entered into force on 1 August 2014.277 What was new about this convention is that it created a monitoring mechanism through which parties who ratified the convention will be monitored through a mechanism formed of group of experts named ‘GREVIO” as mentioned in article 66 of the convention as follows:
“1. The Group of experts on action against violence against women and domestic violence (hereinafter referred to as “GREVIO”) shall monitor the implementation of this Convention by the Parties.
2. GREVIO shall be composed of a minimum of 10 members and a maximum of 15 members, taking into account a gender and geographical balance, as well as multidisciplinary expertise. Its members shall be elected by the Committee of the Parties from among candidates nominated by the Parties for a term of office of four years, renewable once, and chosen from among nationals of the Parties.
3. The initial election of 10 members shall be held within a period of one year following the entry into force of this Convention. The election of five additional members shall be held following the 25th ratification or accession.
4. The election of the members of GREVIO shall be based on the following principles:
a. they shall be chosen according to a transparent procedure from among persons of high moral character, known for their recognised competence in the fields of human rights, gender equality, violence against women and domestic violence, or assistance to and protection of victims, or having demonstrated professional experience in the areas covered by this Convention; b. no two members of GREVIO may be nationals of the same State; c. they should represent the main legal systems;
277 Council of Europe. (2011). The Convention on preventing and combating violence against women and domestic violence. Retrieved from https://www.coe.int/en/web/istanbul-convention/historical- background 105
d. they should represent relevant actors and agencies in the field of violence against women and domestic violence; e. they shall sit in their individual capacity and shall be independent and impartial in the exercise of their functions, and shall be available to carry out their duties in an effective manner.
5. The election procedure of the members of GREVIO shall be determined by the Committee of Ministers of the Council of Europe, after consulting with and obtaining the unanimous consent of the Parties, within a period of six months following the entry into force of this Convention.
6. GREVIO shall adopt its own rules of procedure.
7. Members of GREVIO, and other members of delegations carrying out the country visits as set forth in Article 68, paragraphs 9 and 14, shall enjoy the privileges and immunities established in the appendix to this Convention.”278
278 Council of Europe. (2011). The Convention on preventing and combating violence against women and domestic violence. Retrieved from https://www.coe.int/en/web/istanbul-convention/historical- background 106
Chapter 3
Female Genital Mutilation/cutting (FGM/C)
3.1. Introduction
Female genital mutilation (FGM) is a name given to a group of surgical procedures performed on a girl’s genitals, either partially or totally, for cultural, traditional, or religious beliefs. The actual number of operations around the world or in Egypt is difficult to pinpoint given the fact that it is commonly performed in a clandestine manner.
Nonetheless, it is estimated that “at least 200 million girls and women have been cut in
30 countries.”279 It is documented that FGM surgeries are performed “without medical indication or benefit” which result in many health complications.280 It is a practice that is
“closely linked to women’s sexuality and their reproductive role inside society.”281 There is no clear evidence to ascertain whether the practice was originally a pharaonic or an
African tradition since “its origins are neither well researched nor fully understood.”282
However, evidence based on a Greek papyrus of 163 B.C shows that female circumcision is an old custom that existed during ancient civilizations.283 It was therefore, assumed that the custom of FGM/C had pre-dated Christianity as well as Islam, since it was known and
279 UNICEF. (2018). At least 200 million girls and women alive today living in 30 countries have undergone FGM. Retrieved from https://data.unicef.org/topic/child-protection/female-genital-mutilation/#_ftnref1 280 Groeneveld, A. E. (2013). Female genital mutilation: Tradition versus human rights. African Journal of Urology, 19(3), 134-135. 281 Toubia, N. (1994). Female circumcision as a public health issue. New England Journal of Medicine, 331(11), 712-716. 282 Assaad, M. B. (1980). Female circumcision in Egypt: social implications, current research, and prospects for change. Studies in family planning, 11(1), 3-16. 283 Zayed, A. A., & Ali, A. A. (2012). Abusing female children by circumcision is continued in Egypt. Journal of forensic and legal medicine, 19(4), 196-200. 107
practiced during the ancient Egyptian civilization.284 During the 19th century, it had also existed in Europe and the United States as a medical care for hypersexuality and masturbation and was known at that time by the term ‘Clitoridectomy’.285 In some African countries, during the fifties, as argues Maria Caterina La Barbera FGM has been used by women as a “way to claim their autonomy” against both African men and colonial power where girls used to circumcise themselves as a manifestation of national identity, when
Clitorectomy was banned under colonial administration.286 Nowadays, the procedure is known in 29 African and Muslim countries. According to data provided by the UNICEF,
FGM is concentrated in Somalia, Guinea, Djibouti, Egypt, Eritrea, Mali, Sierra Leone,
Sudan, Cote D’Ivoire, Kenya, Nigeria, Senegal, Central African Republic, Yemen,
United Republic of Tanzania, Gambia, Burkina Faso, Ethiopia, Mauritania, Liberia,
Guinea Bissau, Chad, Benin, Iraq, Ghana, Togo, Niger, Cameroon, Uganda. 287 On the
European level, the practice also exists among Muslim immigrants who still believe that this surgical procedure “ is requested as part of the Islamic religion.”288 It has been estimated that over 200 million woman and girls have been victims to FGM/C around the world.289 FGM/C is commonly performed before the age of puberty, normally in ages between 2 and 10, however, the age may vary according to different communities.290 In the Egyptian societies, for instance, the average age of performing FGM is between 7 and
284Wolper, A., & Peters, J. (Eds.). (1995). Women's Rights, Human Rights: International Feminist Perspectives. Routledge. Pp 224-235 285 Wood, A. N. (2001). A cultural rite of passage or a form of torture: female genital mutilation from an international law perspective. Hastings Women's LJ, 12, 347. 286La Barbera, M. C. (2009). Revisiting the anti-female genital mutilation discourse. Diritto & questioni pubbliche, 9, 485. 287 United Nations Children's Fund, & Gupta, G. R. (2013). Female Genital Mutilation/Cutting: A statistical overview and exploration of the dynamics of change. Reproductive Health Matters, 184-190. Retrieved from https://www.unicef.org/publications/index_69875.html 288 Elgaali, M., Strevens, H., & Mårdh, P. A. (2005). Female genital mutilation–an exported medical hazard. The European Journal of Contraception & Reproductive Health Care, 10(2), 93-97. 289 World Health Organization. (2018).Female genital mutilation fact sheet (Retrieved from http://www.who.int/mediacentre/factsheets/fs241/en/ 290 Toubia, N. (1994). Female circumcision as a public health issue. New England Journal of Medicine, 331(11), 712-716. 108
10 years old.291 The operation often takes place with two or more sisters, or female cousins prepared for undergoing the procedure during the same time.292
3.2. FGM: Terminology and Classification
Despite of the various connotations referring to the operation, formal documents use common, agreed definition of the practice, namely the term ‘female genital mutilation’ shortly known by FGM. It is also termed as female genital Cutting (FGC) or female circumcision (FC).293 According to the official definition of the world Health
Organization, FGM refers to “all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons.”294 The term FGM was adopted in the 1990s by the World Health Organization and the international community to indicate the severity and damage resulted from the practice.295 Since then it has been used by United Nations agencies as well as other formal organizations to call attention to the severe violation perpetrated to girl’s human rights.
The term mutilation in the Cambridge dictionary means “the act of damaging something severely, especially by violently removing a part.”296 In classical Arabic, the custom is commonly known among local populations by the term khafd, khitan,or tahara which
291 El-Zanaty, F., Hussein, E. M., Shawky, G. A., Way, A. A., & Kishor, S. (1996). Egypt Demographic and Health Survey 1995. Calverton, Maryland, USA: National Population Council [Egypt] and Macro International. Inc. 292 El-Gibaly, O., Ibrahim, B., Mensch, B. S., & Clark, W. H. (2002). The decline of female circumcision in Egypt: evidence and interpretation. Social science & medicine, 54(2),205-220. 293 Toubia, N. F., & Sharief, E. H. (2003). Female genital mutilation: have we made progress?. International Journal of Gynecology & Obstetrics, 82(3), 251-261. 294World Health Organization. (2018).Female genital mutilation fact sheet (Retrieved from http://www.who.int/mediacentre/factsheets/fs241/en/ 295 World Health Organization. (2008). Eliminating female genital mutilation: aninteragency statement-OHCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCR, UNICEF, UNIFEM, WHO 296 Cambridge dictionary. Retrieved from https://dictionary.cambridge.org/dictionary/english/mutilation?q=mutilation_1. 109
means reduction or purification respectively.297 The term Khafd is derived from the verb
Khafada which means decrease, lower, reduce, or cut. While, Khitan is derived from the verb Khatana which means cutting part of the genital organ. As for the term Tahara it is derived from the verb Tatahara which means purifying onself from all what that might destroy a person. However, most recently and due to the damage resulted from the operation to the female body, official Arabic documents adopted the translated term of
‘female genital mutilation’ to use Tashwih al Aedai el Tanasoliya Al Onsawiya instead.
For better understanding, and before dealing with the classification and the different types of the female genital mutilation, I would like to highlight basic information regarding female sexual anatomy. The female genital organs are divided into two types, internal genital organs and external genital organs. On one hand, the internal genital organs consist of Vagina, Uterus, Fallopian tubes, and the Ovaries. Just inside the vaginal opening exists a “a mucous membrane” called the hymen. The external genital organs on the other hand consist of labia majora, labia minora and the clitoris. The labia majora are the two longitudinal folds which extend from the pubis to the perineum and located above two flappy skins on both sides of the vaginal opening and called labia minora. The labia minora are covering the clitoris Each part of the internal or the external genital organs is existing for a certain function. The internal organs, for instance, are mainly responsible of the reception of the penis during sexual intercourse, developing a fetus and then pushing out the baby during labor. The external genital organs are responsible for enabling sperms to enter the vagina while protecting the internal organs of receiving infectious organisms through the vagina. Further, those external genital organs are dense
297 Assaad, M. (1980). Female Circumcision in Egypt: Social Implications, Current Research, and Prospects for Change. Studies in Family Planning, 11(1), 3-16. 110
with nervous and glands which provide sexual pleasure to a woman.298 All these three sexual organs “function to achieve a purpose” to the female sexuality.299
Dealing with the classification of FGM, the operation differs in form or prevalence among population groups according to each area or community. Hence, this leads to variations in the actual practice in the form of how each community group performs FGM.
Yet, according to the World Health Organization in its joint statement with the United
Nations Children’s Fund and the United Nations Population Fund (UNFPA), FGM can be internationally classified into four main types as shown below:
1. Clitoridectomy
It includes partial or total removal of the clitoris with or without the prepuce. This type is referred to as type I.
2. Excision This form refers to the removal of the clitoris or part of it with the labia minora. And in some case the clitoris is removed along with the excision of the labia minora and the labia majora.
3. Infibulation
Type III of the classification known by ‘Infibulation’ is the most severe form of all operations performed in girls’ genitals. It consists of narrowing the vaginal orifice through cutting then stitching labia minora or majora with or without the removal of the clitoris.According to many commentators this type is the most severe form of all categories as will be discussed in a following section.
4.Harmful procedures
This category which is not given a name according to the classification of the WHO includes all non-medical harmful procedures which are harmful to the female genitals that result in harm to the female genitals. This might include any procedure which is not common in certain areas but appears in rare circumstances. They could include piercing, cauterization, pricking, incising or scrapping.300
298 Knudtson, Jennifer. Female External Genital Organs. MSD Manuel for the Consumer. Accessed at: https://www.msdmanuals.com/home/women-s-health-issues/biology-of-the-female- reproductive-system/female-external-genital-organs 299 World Health Organization, Regional Office for the Eastern Mediterranean. (1996). Islamic ruling on male and female circumcision. Retrieved from https://apps.who.int/iris/handle/10665/119559 300 World Health Organization. (2008). Eliminating female genital mutilation: an interagency statement-OHCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCR, UNICEF, UNIFEM, WHO 111
Though, FGM in all types represent a type of violence to the human body, the most severe form among the four categories classified, is the Infibulation. It is also known as the pharaonic circumcision.301 Infibulation is in certain countries is performed more than one time during the life of a woman. In the first process of infibulation a girls genital is cut and sewed together as a common traditional ritual and then a process of infibulation is undergone for a second time on either divorced woman or women who gave birth in order to “create an illusion of virginal tightness for their husbands.”302 In addition, Infibulation leads to future intervention where “re-cutting or defibulation is inevitable” due to the narrow opening of the vagina. This re-cutting process is done either to treat problems resulting from urine or menstrual blood retention, or to allow the process of sexual intercourse. It is documented also that defibulation is necessitated in childbirths to allow the fetus out.303 This happens because during the infibulation process, a small hole of the vaginal opening is left in the size of “the tip of the little finger” which results in severe pain to a woman in sexual intercourse upon marriage.304 Infibulation, further, results in severe health problems to girls since the same small vaginal opening is the only way out for both the urine and the menstrual blood after the girl reaches puberty.305 The reason of stitching the sides together leaving a very narrow opening not only are performed with the aim of preventing girls from having premarital sex, but also for increasing men’s
301 El-Zanaty, F., Hussein, E. M., Shawky, G. A., Way, A. A., & Kishor, S. (1996). Egypt Demographic and Health Survey 1995. Calverton, Maryland, USA: National Population Council [Egypt] and Macro International. Inc. pp71-183 302 Asefa, S. (1998). Female Genital Mutilation: Violence in the Name of Tradition, Religion, and Social Imperative. Violence Against Women: Philosophical Perspectives, 92-104. 303 ibid 304 Wolper, A., & Peters, J. (Eds.). (1995). Women's Rights, Human Rights: International Feminist Perspectives. Routledge.p227 305 World Health Organization, Regional Office for the Eastern Mediterranean. (1996). Islamic ruling on male and female circumcision. Retrieved from https://apps.who.int/iris/handle/10665/119559
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satisfaction by having a female “narrower organ.”306 Nahid Toubia describes the cruelty of the infibulation and its consequences as follows:
“Since the physical barrier to intercourse has been created, a small opening
must be reconstructed for the flow of urine and menstrual blood. It is
surrounded by skin and tough scar tissue and is sometimes as small as the
head of a matchstick or the tip of the little finger. If the opening is more
generous, sexual intercourse can take place after gradual dilation, which may
take days, weeks, or even months: If the opening is too small to start the
dilation, re-cutting has to take place before intercourse. Re-cutting also occurs
with each childbirth to allow exit of the fetal head without tearing the tough
tissue. After birth, the raw edges are sutured again- often to the same size as
existed before marriage to recreate the illusion of vaginal tightness.”307
Based on data provided by the Egyptian Demographic and Health Survey 1995
(EDHS-95)308 in Egypt the most common form of female genital mutilation performed inside the Egyptian society, is the one which implicates the removal of the clitoris with
306Andarge, M. Y. (2014). The Difficulties of Ending Female Genital Mutilation (FGM): Case of Afar Pastoralist Communities in Ethiopia: Retrieved from www. ohchr.org/Documents/Issues/Women/WRGS/FGM/NGOs/ActionFor. 307 Wolper, A., & Peters, J. (Eds.). (1995). Women's Rights, Human Rights: International Feminist Perspectives. Routledge. p227 308 In the recent years national surveys have been undertaken to provide full information on the issue of FGM, yet the EDHS-95 was the first survey on the national level to reveal the widespread prevalence of FGM in the Egyptian society. It included a questionnaire on the age of circumcision, the persons who performed the operations and other questions directed to women victims of FGM. The Survey showed that 97percent of the Egyptian women had undergone the procedure at the time of the survey. Reasons given in favour of the practice included cleanliness, providing marriage opportunities for their daughters, preservation of girl’s virginity, and providing greater sexual pleasure for husbands. For full access of the survey see El-Zanaty, F., Hussein, E. M., Shawky, G. A., Way, A. A., & Kishor, S. (1996). Egypt Demographic and Health Survey 1995. Calverton, Maryland, USA: National Population Council [Egypt] and Macro International. Inc.Pp71-183
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the labia minora which represented 64 percent of all operations. Infibulation cases also exist in little percentage and is practiced in the southern area of Egypt closer to Sudan, however, the most usual form of the four types, as mentioned above, is the
Clitordectomy.309 Concerning the person who performs the operation, during old times, such operations were performed inside private houses by midwives or birth attendants known among the population by the term dayas.310 Yet, operations by dayas appeared to continue till lately according to a study conducted in Assiut University Hospital during
March 1998 till November 1999, in which the majority of women in the study sample had circumcision done by dayas who were described by the study as persons with little knowledge about anatomy.311 In her writing about the scene of the operation Nawal al-
Saadawi describes it as follows:
“on the scene appears the daya or local midwife. Two members of the family
grasp the child’s thighs on either side and pull them apart to expose the
external genital organs and to prevent her from struggling-like trussing a
chicken before it is slain. A sharp razor in the hand of the daya cuts off the
clitoris”312
However, in recent years operations has been performed by physicians either inside clinics or at home.313 According to the 2014 EDHS there has been a shift in the personnel
309 Zayed, A. A., & Ali, A. A. (2012). Abusing female children by circumcision is continued in Egypt. Journal of forensic and legal medicine, 19(4), 196-200. 310 Based on the 1995 DHS, the majority of the procedures have been performed by the time of the survey by traditional birth attendants among the population by the term dayas. The operations took place inside private houses respresenting 89.3 percent of the respondants. Little percentage of people implied in the survey mentioned barbers and medical personal as performers of operations. Also the instruments used in such operations were citied such as razor blades or scalpel. See El-Zanaty, F., Hussein, E. M., Shawky, G. A., Way, A. A., & Kishor, S. (1996). Egypt Demographic and Health Survey 1995. Calverton, Maryland, USA: National Population Council [Egypt] and Macro International. Inc. 311 Al-Hussaini, T. K. (2003). Female genital cutting: types, motives and perineal damage in laboring Egyptian women. Medical principles and practice, 12(2), 123-128. 312 El Saadawi, N. (2007). The hidden face of eve: Women in the arab world Zed Books. Pp50-65. 313United States Department of State. (2001). Egypt: Report on Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) Retrieved from www.refworld.org/docid/46d57876c.html 114
who perform the operations. The 2014 EDHS came out with the finding that operations on younger generations were performed by medical personnel contrary to operations performed on older women which were performed by midwives.314 This replacement of traditional practitioners with medical personnel has been named as the medicalization of
FGM. According to the world Health organization, medicalization of FGM refers to
“situations in which the procedure (including re-infibulation) is practiced by any category of health-care provider, whether in a public or a private clinic, at home or elsewhere, at any point in time in a woman’s life.”315 Those healthcare providers could include physicians or their assistants, nurses, midwives or birth attendants.316 The term
‘medicalization’ was first mentioned by the WHO in 1997 in its document Female genital mutilation : a joint WHO/UNICEF/UNFPA statement and once again condemned in 2008 in the interagency statement on the elimination of FGM.317 In this document, the WHO considered medicalization as a form of legitimizing the practice and advised that FGM “ should not be practiced by health professional in any settings including hospitals or other health establishments.”318
The increase dependence on medical personnel in performing the operations is possibly due to the increase in awareness of the negative health effects resulting from the operations since the problem has been addressed as a severe health issue among several parts of the world.319 Nonetheless, medicalization was condemned on the international
314 El-Zanaty and Associates [Egypt], and ICF International. (2015). Egypt Demographic and Health Survey 2014. Cairo, Egypt and Rockville, Maryland, USA: Ministry of Health and Population and ICF International. 315World Health Organization. (2016). WHO guidelines on the management of health complications from female genital mutilation (No. 9789241549646). World Health Organization. 316 Rushwan, H. (2013). Female genital mutilation: A tragedy for women’s reproductive health. African Journal of Urology, 19(3), 130-133. 317 World Health Organization. (2010). Global strategy to stop health-care providers from performing female genital mutilation. Geneva: World Health Organization. 318 World Health Organization, United Nations Population Fund & United Nations Children's Fund (UNICEF). (1997). Female genital mutilation : a joint WHO/UNICEF/UNFPA statement. World Health Organization. https://apps.who.int/iris/handle/10665/41903 319 World Health Organization. (2010). Global strategy to stop health-care providers from performing female genital mutilation. Geneva: World Health Organization. 115
level by the world health organization, the world medical association, the international federation of Gynecology and Obstetrics and the Committee on Elimination of all forms of Discrimination Against Women.320 Medicalizing the procedure “contributes to upholding the practice of FGM” as it leads the population to believe that the operation is beneficial for health since it is performed by doctors.321 The 2000 survey showed that medical personnel replaced traditional birth attendants ‘dayas’ in most of the operations representing more than 60 percent comparing to 32.1 percent performed by dayas. This increase in the involvement of medical trained doctors or nurses was linked with the mother’s educational levels as shown by the survey.322 Also based on the latest survey of
2015, it appeared that in urban areas medical personal are more common in performing the operation than in rural areas.323
Though “contravening the medical code of ethics” which impose on doctors to do no harm to patients, medical professionals are performing the operation either for financial profit or out of their belief that medicalizing the operation is “a safer option” which minimizes any health complication accompanied with the operation.
Medicalization is being adopted to reduce the health complications which often result from the procedure. However, medicalization of the operation does not prevent the long- term complications which affect women the rest of their life.324 Despite of the replacement of traditional circumcisers nowadays by medical personnel or heath care providers, FGM/C still represents an alarming health problem and a risk factor affecting girls and women both physically and psychologically. The performance of the operation
320 ibid 321 ibid 322 El-Zanaty, F., & Way, A. A. (2001). Egypt Demographic and Health Survey 2000. Calverton, Maryland [USA]: Ministry of Health and Population [Egypt], National Population Council and ORC Macro. pp191-200 323 El-Zanaty and Associates [Egypt], and ICF International. (2015). Egypt Demographic and Health Survey 2014. Cairo, Egypt and Rockville, Maryland, USA: Ministry of Health and Population and ICF International. 324 Serour, G. I. (2013). Medicalization of female genital mutilation/cutting. African Journal of Urology, 19(3), 145-149. 116
by specialized medical personnel or by persons who lack medical knowledge about the human anatomy does not change the fact that the operation affects female genitals which were created of minute parts each has its own function.
3.3. Negative Physical, Psychological and Sexual Effects of FGM
Health as a general concept is defined by the World Health Organization as “a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.”325 We shall see in the succeeding section how FGM is a significant a public health concern since the operation leads to a broad array of persistent adverse outcomes.
The documented health effects in several studies of FGM on women reveal that the procedure deprives women from their rights in maintaining a healthy body, and also violates their right in sexual satisfaction under their wedlock. It is true that FGM is often performed on young girls out of the “firm belief in the physical and moral benefits of this operation as a guarantee of marriage and consequent economic and social security” of daughters.326 Yet, through the operation “healthy genital tissues” are removed or damaged which result in both short and long-term medical consequences.327 Victims of FGM suffer severe pain since the operation is performed in a barbaric manner without anesthesia or in some cases with only local anesthesia which caused severe pain for its victims..328 In
325 World Health Organization (1946). Constitution of the World Health Organization. Retrieved from http://www.who.int/about/mission/en/. 326 Assaad, M. B. (1980). Female circumcision in Egypt: social implications, current research, and prospects for change. Studies in family planning, 11(1), 3-16. 327 World Health Organization. (2008). Eliminating female genital mutilation: an interagency statement-OHCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCR, UNICEF, UNIFEM, WHO 328 Wolper, A., & Peters, J. (Eds.). (1995). Women's Rights, Human Rights: International Feminist Perspectives. Routledge. 117
the cases where anesthesia is used, nonetheless, children are exposed to “a considerable risk” due to the lack of professional anesthetists.329
In his Female genital mutilation: A tragedy for women’s reproductive health,
Hamid Rushwan summons the immediate and the later complications of FGM showing how “such operations are distinctly hazardous to the patients’ health” as he elaborates.
He explains that the immediate physical consequences of FGM appear in bleeding, shock, infections and septicemia, Urine retention and injury to adjacent tissue. Concerning bleeding, arteries and veins are damaged resulting in hemorrhaging, anemia or even death. As for septicemia, the use of surgical instruments without sterilization could spread the infection inside the female body reaching the vagina, uterus and ovaries. The Urine retention is also resulted from the operation due to the fact that “the urinary canal may be partially or entirely obstructed” The long-term complications, on the other hand, could result in the formation of keloid, dermoid or inclusion cysts, vulval abscesses, calculus or
Fistulae. Moreover, the later complications created from FGM could include menstrual problems, infertility or problems at pregnancy and delivery, chronic pelvic infections or sexual problems.330
Those above-mentioned physical consequences are often accompanied with other psychological or mental health problems which affect a woman victim of FGM. The operation, therefore, has psychological consequences such as depression, anxieties or a sense of shame. Though too little research had been conducted on the psychological disturbances of FGM, yet, one of the documented manifestations of those psychological effects appears in the trauma resulting from the operation. The trauma accompanying the procedure happens as a result of the state of fear or shock and confusion in which a girl
329 Ibidem 330 Rushwan, H. (2013). Female genital mutilation: A tragedy for women’s reproductive health. African Journal of Urology, 19(3), 130-133. 118
lives during the violent operation. Not understanding the situation of violence in which she confronts perpetrated by the people she trusts or in the presence of her caregivers could remain in her memory for the rest of her life. This difficult experience was expressed eloquently by the famous Egyptian feminist Nawal al-Saadawi, in her comprehensive and excellent book The Hidden Face of Eve. She recalled and documented her childhood experience of circumcision when she had suffered that painful and shocking operation in the presence of her mother. She expressed those disturbing feelings as follows:
“I was six years old that night when I lay in my bed, warm and peaceful in
that pleasurable state which lies halfway between wakefulness and sleep, with
the rosy dreams of childhood flitting by, like gentle fairies in quick
succession. I felt something mover under the blankets, something like a huge
hand, cold and rough, fumbling over my body, as though looking for
something. Almost simultaneously another hand, as cold as rough and as big
as the first one, was clapped over my mouth, to prevent me from screaming.
They carried me to the bathroom… At that moment I realized that my thighs
had been pulled wide apart, and that each of my lower limbs was being held
as far away from the other as possible, gripped by steel fingers that never
relinquished their pressure. I felt that the rasping knife or blade was heading
straight down towards my throat. Then suddenly the sharp metallic edge
seemed to drop between my thighs and there cut off a piece of flesh from my
body. I screamed with pain, despite the tight hand, held over my mouth, for
the pain was not just a pain, it was like a searing flame that went through my
whole body. After a few moments, I saw a red pool of blood around my hips.
119
I did not know what they had cut off from my body, and I did not try to find
out. I just wept and called out to my mother for help. But the worst shock of
all was when I looked around and found her standing by my side.”331
It is worth noting that in the old primitive way, it was believed that an “effective circumcision necessitated a deep cut with the razor to ensure radical amputation of the clitoris, so that no part of the sexually sensitive organ would remain.”332 This fact which al-Saadawi highlighted in her book, takes me back to an informal conversation I got involved into with an old lady in her late sixties in Cairo during one of my vacations, when I started to be interested in researching over the subject. Recalling her personal experience with circumcision when she was approximately eight years old, she mentioned that she was circumcised by two ladies on the roof of their building in the presence of her grandmother who instructed the two midwives after finishing the mutilation process, to remove more parts from the girl’s genitals in an attempt of her to guarantee the removal as big part as possible. In this story what surprised me that that lady had no medical information about the anatomy, yet, she was following the common tradition of her time by removing all possible parts which could be, according to their belief, a threat to a girls’ honor. This segment of society that are lacking an adequate knowledge on a female’s anatomy are easily deceived by mistaken notions about femininity and sexuality.
In addition, removal of the clitoris signifies removal of the main organ responsible of sexual pleasure in the body and restricting women’s sexual pleasure to only the vagina which has “minimal sensory capacity for sexual response.”333 Therefore, it affects women psychologically since they are denied “the relaxation of nerves which accompanies proper
331 El Saadawi, N. (2007). The hidden face of eve: Women in the arab world Zed Books. P13-19 332 Ibid.p51 333 Wolper, A., & Peters, J. (Eds.). (1995). Women's Rights, Human Rights: International Feminist Perspectives. Routledge. p229 120
sexual intercourse” and creates in her a feeling of anxiety and sexual frigidity.334 They become sexually frustrated and may no longer seek sexual contact with their husbands and ultimately become sexual objects and only reproductive vehicles for men.
3.4. Women’s suffering FGM on gender Basis
It is not surprising that female circumcision is a practice that is defended and encouraged by male members of society. Yet what is paradoxical about the practice is that a large majority of women are often key players behind circumcising their daughters. Though circumcised themselves, mothers still opt for the continuation of the practice and a large scale of society are planning to circumcise their daughter in the future. This bring to our mind trenchant questions, why despite of the various complications associated with FGM operations and despite the pain they witnessed as victims of this violent act, they are still in favor of the practice. Why do they still defend this severe and painful procedure knowing of its negative effects? Aida Seif El
Dawla, in her article ‘The Political and legal Struggle Over Female genital Mutilation in Egypt: Five Years Since the ICPD’, suggested that the matter goes beyond a mere surgical operation and is in fact related to “women’s perception of their role in the world”.335 On this subject, she says:
“women give two main reasons why girls are circumcised. The first is that
the practice reduces a woman’s sexual desire, thus preserving her virginity
334 World Health Organization, Regional Office for the Eastern Mediterranean. (1996). Islamic ruling on male and female circumcision. Retrieved from https://apps.who.int/iris/handle/10665/119559 335 El Dawla, A. S. (1999). The political and legal struggle over female genital mutilation in Egypt: Five years since the ICPD. Reproductive health matters, 7(13), 128-136.
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until she gets married. The second is that circumcision works as a catalyst to
speed up a woman’s full achievement of her femininity. Most women agree
that the process of FGM itself is extremely painful; however, they regard it
as the rite of passage to femininity. Other reasons given include that it is
beautifying for women, and that it prevents the clitoris from growing to the
size of a male organ. That religion recommends or even ordains the practice
is a widely held belief, but this is the second most commonly given reason
for the practice. Tradition is the first.”336
In exploring the reasons provided to justify FGM, several explanations were given. Reasons linked to the practice among different cultures could be classified into
Hygienic, religious, psychosexual, or sociological.337 However, on the Egyptian level, data compiled from the Egyptian Demographic and Health Surveys reflect various justifications given to the practice. As shown in the following table, several reasons were cited by women who experienced female circumcision. Though there are several reasons given to justify the practice, preserving virginity or Religious beliefs are the main reasons behind parent’s circumcising their daughter’s.338
336 El Dawla, A. S. (1999). The political and legal struggle over female genital mutilation in Egypt: Five years since the ICPD. Reproductive health matters, 7(13), 128-136. 337 Trueblood, L. A. (1999). Female Genital Mutilation: A Disussion of International Human Rights Instuments, Culteral Sovereignty and Dominance Theory. Denv. J. Int'l L. & Pol'y, 28, 437.
338 Rasheed, S. M., Abd-Ellah, A. H. and Yousef, F. M. (2011), Female genital mutilation in Upper Egypt in the new millennium. International Journal of Gynecology & Obstetrics, 114: 47–50. 122
Table 1: Reasons Given in favor of FGM
Year 1995 2000 2003 2005 2008 2014 2015
Tradition 58.3% 57.7% Not Not Not Not 72.2% menti menti mentioned menti oned oned oned Required by 30.8% Religion 12.1% 60.8% 49.1% 51.7% 46.2% Cleanliness 36.1% 28.6% Not Not Not Not Not mentioned menti menti mentioned menti oned oned oned Better Not Not Not Not Not Marriage 8.9% 3.8% mentioned menti menti mentioned menti prospects oned oned oned Greater pleasure for Husbands/ 3.8% 1.4% 64.3% 61.3% 44.8% 49.7% 53.0% Husbands preference of wife circumcised Preservation Not Not Not Not Not of 9.1% 9.3% mentioned menti menti mentioned menti virginity/redu oned oned oned cing sexual desire Prevention of 5.6% 51.4% 46.7% 54.2% 34.1% 46.3% 43.1% adultery
Source: Data collected based on the EDHS of Various years. See Appendix on Reasons given in the different surveys
In a study by the Ministry of State for Population, Preserving virginity is one of the most commonly cited justifications for many segments of the Egyptian society who still believe FGM is the only method by which female chastity could be protected.339 For this,
Parents take several measures and make strict rules for their daughter to follow to guarantee their chastity and virginity protection. These measures include imposing dress
339Ministry of State for Population. (n.d). The National FGM Abandonment Strategy 2016-2020. Retrieved ﻂﻄﺨﻟا - ﺔ ﻣﻮﻘﻟا /from http://www.npc.gov.eg/2013-09-28-20-39-20 123
codes, prohibit mixing with the opposite sex, early marriage and the severe form of sexual control represented in the issue of female genital mutilation. Protecting virginity is related to the common belief in the social culture that each girl “must possess that very fine membrane called a hymen which is considered one of the most essential, if not the most essential, part of her body.”340 The accidental torn of such hymen could lead a girl to a doom fate after her marriage. Keeping the hymen intact as mentions al-Saadawi is essential due to the belief that the very honor of a girl, and her family, is closely linked to the preservation of this virginity.”341 The value placed on virginity is strongly linked to the traditional concepts that a broken hymen is a matter of disgrace to family’s honor for this the physiological state of virginity is considered the most precious possession of the unmarried woman” in the Egyptian society.342
In review of all social reasons given to justify female circumcision, there is some evidence that FGM is closely linked with the idea of socially constructing the feminine gender identity. Women are perceived among society as not fully responsible in protecting their honor and consequently the honor of their families as they are supposed to do according the cultural belief of society. It is linked with the idea of constructing a female identity suitable to cope with the standards of society and for this they are controlled by cultural measures. These measures go further to justify the use of violence on the female body. There are several factors that increase women´s vulnerability to become victims of sexual violence, including suffering FGM.343 Yet, gender discrimination is one of the main reasons behind women’s experience of FGM. And by
340 El Saadawi, N. (2007). The hidden face of eve: Women in the Arab world Zed Books. p38 341 ibid 342 Assaad, M. B. (1980). Female circumcision in Egypt: social implications, current research, and prospects for change. Studies in family planning, 11(1), 3-16. 343 Krug, E. G., Mercy, J. A., Dahlberg, L. L., & Zwi, A. B. (2002). The world report on violence and health. World Health Organization, Geneva. 124
gender it is understood “the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men.”344
This takes us to the western discourse elaborated by western feminists who attempted to understand women’s inferiority and discrimination inside society. By discrimination, it is referred to “ any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”345 Historically, feminists struggled to elevate women of gender discrimination which existed in male/female relations. Virginia
Maquieira D'Angelo provides us with an understanding of how feminism as a theory unearthed and revealed new realities on power relations governing human’s social life.346
A woman has been instructed on specific rules suitable to be accepted inside the community where she is living. Women pass through a hard process to become the socially accepted women including passing FGM which is included among the necessary steps undertaken which lead to the passage into adulthood. A necessity to become the women expected to be socially by the surrounding society. This process of socialization and feminization starts from an early age through which girls are instructed into a different way than their male counterparts. It starts from inside the family and continues through all social institutions such as the school, the social clubs, the university, and even inside the work.
344 Article 3 of the Council of Europe Convention on preventing and combating violence against women and domestic violence retrieved from https://www.coe.int/en/web/conventions/full-list/- /conventions/rms/090000168008482e 345Assembly, U. G. (1979). Convention on the elimination of all forms of discrimination against women. Retrieved from https://www.un.org/womenwatch/daw/cedaw/text/econvention.htm 346 Beltrán, E., & Maquieira D'Angelo, V. (2001). Feminismos: debates teóricos contemporáneos. Madrid: Alianza Editorial. Pp127-190 125
In speaking about the issue, al-Saadawi unveils the reality of how a girl is treated in a different manner since her birth from male children. She is instructed from early age to be cautious about her sexual organs and to achieve this, she is treated with a serious of warnings.347 Feminists linked FGM operations to the institution of Patriarchy and the common interest in controlling women’s bodies. Patriarchal culture describes women as highly sexualized-being who possess enormous sexual passion or appetite which would lead to social and moral disorder and chaos. And for this reason, women’s bodies and sexuality must be controlled by all possible means as a fundamental matter for protecting male’s honor.348 Same idea has been expressed by Margot Badran who explained that women are perceived as an “omnisexual-and highly sexualized- being” who would lead to social and moral disorder and chaos. Such chaos connected to women’s bodies and sexuality must therefore be avoided by containing women and their chastity, a matter considered fundamental for male’s honor. Badran believes that such cultural notions about women and the threat their sexuality might cause to social order and males’ honor, they are often controlled by all possible means in the traditional patriarchal culture. These possible means that included face veiling and seclusion during the 19th century also include FGM. However, FGM is considered a severe form of such control. Badran elaborates her ideas about the notions of the female body as follows:
“Notions of women as an omnisexual- and highly sexualized- being permeate
the entire culture in Egypt. This is to say that such thinking is shared by both
Christians and Muslims, who generally believe that women’s sexuality is the
product of “nature”. Women, as omnisexual creatures, have been associated
347El Saadawi, N. (2007). The hidden face of eve: Women in the arab world Zed Books 348 Berkey, J. (1996). Circumcision Circumscribed: Female Excision and Cultural Accommodation in the Medieval near East. International Journal of Middle East Studies, 28(1), 19-38. Retrieved from http://www.jstor.org/stable/176113 . 126
with disorder or chaos (fitnah) connected with sexuality… women must be
contained, therefore, to preserve social order. The need to control women is
made more urgent still by linking male and family honor to the chastity of
women.”349
The practice has been promoted as it has been seen from the justifications provided by the people in the EDH Surveys, through old socially constructed stereotypes which are imposed on women to help sustain the patriarchal power inside societies in which they prevail.350 They advocate FGM by convincing the people that through the operation, girl turn more beautiful, or by describing the clitoris as a dangerous organ which could lead to men’s death.351 On 2013, during my Masters studies’ project on FGM, I was engaged into several discussions with some illiterate mothers. According to some, the reasons given behind their subjugation of their daughters to circumcision were linked to social misconceptions concerning FGM. They informed me during my discussions that they had to circumcise their daughters despite of the pain to guarantee their daughters future marriage since they believe that circumcision could make a girl more beautiful and taller. Further they informed me that when a groom goes asking for a girl’s hand he normally asks if she is circumcised or not. Besides if a girl is nor circumcised she might be insulted by her husband for having a big clitoris.
Further, religion is often used to facilitate such mission of deceiving people in an effort to guarantee the continuation of the practice. In the Egyptian Demographic and
Health Surveys, for example, religious reasons were cited tradition as one of the principle
349 Badran, M. (2009). Feminism in Islam: Secular and religious convergences. Oxford: Oneworld. p171 350 Ibid.p168 351 Tag-Eldin, M. A., Gadallah, M. A., Al-Tayeb, M. N., Abdel-Aty, M., Mansour, E., & Sallem, M. (2008). Prevalence of female genital cutting among Egyptian girls. Bulletin of the World Health Organization, 86, 269-274. 127
reasons of conserving the practice352 Convinced that it is a religious duty, ordinary people continue subjecting their daughters to such dangerous operation out of fear that any abandonment would lead to corrupt morals and chaos. In an interview with an Egyptian family in the BBC channel in 2012 on female circumcision, the mother declared that
FGM/C is considered a necessity for controlling sexuality of little girls and deprive them of any sexual desire in an early age as she declared in the interview broadcasted:
“I will remove these parts of her body instead of letting her play with herself
or she might ask a boy to touch this part and she might enjoy it. It might be a
stranger or even one of her male cousins, so this will protect her and when
she feels the pain of it, she will be more careful about this part. removing
these parts of her daughter’s body will protect the girl’s virginity. In her
opinion when a girl feels pain, she will be more careful about this part.”353
Furthermore, most illiterate people believe that FGM/C is a religious obligation that should be fulfilled. On 2013, during my master’s studies’ project on FGM, I was engaged into several discussions with some illiterate mothers. According to some, the reasons given behind their subjugation of their daughters to circumcision were linked to social misconceptions concerning FGM:
“I circumcised my girl when she was six. At first, I was afraid because she
was weak in body but a friend of mine encouraged me to accompany her and
352 El-Zanaty, F., & Way, A. A. (2001). Egypt Demographic and Health Survey 2000. Calverton, Maryland [USA]: Ministry of Health and Population [Egypt], National Population Council and ORC Macro.
353 BBC Newsnight report on female genital mutilation in Egypt. Retrieved from https://youtu.be/bObvzSHRKT8
128
circumcise my daughter at the same time, she will perform the operation to
her daughter. We went to a doctor in a Clinique and they circumcised my
daughter using anesthesia. Life is no different not like before, they did a blood
analysis and checked her heart before the operation, so she won’t die. I could
go inside with her because I can’t see her in pain. I had to circumcise her to
protect her virginity to guarantee her future marriage. Also, circumcision
makes the girl more beautiful and taller and, in our village, when a groom
comes for a girl’s hand he asks if she is purified or not” 354
In another discussion with an illiterate old mother who favors defends circumcision despite of the prohibiting law, she expressed her ideas as follows:
“I have three daughters all circumcised when they were Young. My first
daughter was circumcised when she was eight in a Clinique while the other
two were circumcised in our house in the village. On that day when they
circumcised my two daughters, the doctor of the village passed by many
houses and circumcised several girls at the same day. My three daughters
were circumcised many years ago, before the prohibiting law of FGM/C, but
If I had another daughter after the illegalization of FGM/C I would have
circumcised here despite of the law because it is our religion that tells us to
circumcise our girls. Besides if a girl is not circumcised, she might be insulted
by her husband for having a big clitoris.
354 In an interview I elaborated with one of the victims of FGM in Egypt 129
Further, this the practice of FGM had been considered necessary for preparing girls for womanhood since “an uncircumcised woman retains masculine characteristics that render her unfit for marriage”.355 The clitoris is considered as a male organ in the female body and hence removing it is necessary to ensure full femininity to a girl. In an informal conversation I conducted with several women in Egypt on the topic out of my interest in hearing in their opinions about the reasons of circumcising their daughters, they replied that one of the main reasons was the fear that upon a girl’s marriage, the girls husband could criticize her if having this male organ in their belief. This idea of the expansion of the clitoris in the size of the penis occupied Muslim medieval thinkers who considered the clitoris an obstacle for sexual intercourse and therefore “should be cut off”.356 It is believed to be essential in increasing a “daughter’s future chances of finding a husband”.357 It is noted that circumcision is commonly performed on Egyptian girls before the age of puberty out of the belief that circumcision in an early age could be useless since younger girls’ genital grow and hence could need a re-circumcision before puberty.358
The idea of the clitoris and the importance of removing it takes me to link the issue with the western debate of the clitoris which were tackled by western feminists who criticized Freud’s theories on female sexuality. The function of the clitoris as an organ dense with nerves endings and the center of sexual sensibility and pleasure in women, it represented in male western theories on sexuality a threat to male power as an equivalent to the penis. Therefore, this organ has been dealt with in western theories on sexuality as
355 ibid 356 Berkey, J. (1996). Circumcision Circumscribed: Female Excision and Cultural Accommodation in the Medieval near East. International Journal of Middle East Studies, 28(1), 19-38. Retrieved from http://www.jstor.org/stable/176113. 357 Elgaali, M., Strevens, H., & Mårdh, P. A. (2005). Female genital mutilation–an exported medical hazard. The European Journal of Contraception & Reproductive Health Care, 10(2), 93-97. 358 Ministry of State for Population. (n.d). The National FGM Abandonment Strategy 2016-2020. Retrieved ﻂﻄﺨﻟا - ﺔ ﻣﻮﻘﻟا /from http://www.npc.gov.eg/2013-09-28-20-39-20 130
an unimportant organ in anatomy textbooks. While during the 19th century, it had been dealt with as a passive organ inside the anatomy textbooks, situation had not changed during the 20th century when Freud’s theories on sexuality dealt with it as an organ with no name. These theories crystalized the vagina as the sole dominant organ responsible for female sexuality ignoring the role of the clitoris. However, those theories of Freud- followed by and his counterparts of psychoanalysts had been challenged by a number of
Western feminists. They rejected Freudian theories on female sexuality which not only considered the vagina as the sole responsible of sexual pleasure, but also accused women with no orgasm of frigidity. For them, linking female frigidity to the vagina and discrediting the role of the clitoris incorporated in women’s suffering of psychological problems of self-blaming and insecurity and advocated for male’s sexual domination over women. Those feminist arguments were based on modern ideas of sexologists who confirmed the vital role of the clitoris as “the center piece of female sexual response”.359
3.5. International and National Recognition of FGM as Violence
Recognized as a threat to women’s physical, sexual or mental wellbeing, FGM is condemned on the international level and is placed as one of the forms of violence perpetuated against women and girls.360 It is considered among the international community as “a violation of a person’s right to health, security and physical integrity and the right to be free from torture and cruel, inhumane or degrading treatment.”361
Internationally, the topic of FGM was raised for the first time in 1976 in Sudan during
359 Gerhard, J. (2000). Revisiting" the myth of the vaginal orgasm": The female orgasm in American sexual thought and second wave feminism. Feminist Studies, 26(2), 449-476. 360 Wolper, A., & Peters, J. (Eds.). (1995). Women's Rights, Human Rights: International Feminist Perspectives. Routledge. p225 361 Groeneveld, A. E. (2013). Female genital mutilation: Tradition versus human rights. African Journal of Urology, 19(3), 134-135. 131
the United Nations conference held in Khartoum .362 The conference, named ‘Traditional
Practices affecting the Health of Women and Children’, included in its agenda the problem of female genital mutilation among several other issues affecting women’s health. During the Seminar participants from several countries including Egypt, submitted their reports and discussed the physical and mental complications linked to female circumcision.363 Though, the primary concern of the international community at that time focused only on the health risks affecting women, yet, the interest into the matter took a new perspective starting from the 90s. It was since the 1993, that the World
Conference on Human Rights in Vienna considered FGM as a violation of human rights.364 It became to be considered a violation on girls and women’s rights since it
“reflects deep-rooted inequality between the sexes, and constitutes an extreme form of discrimination against women and girls.”365
It violates human rights principles of several international conventions set for women such as the right to non-discrimination on the basis of sex, the right to life and maintain high standard of health, and the right to freedom of torture.366 For this FGM, for instance, violates girl’s and women’s right to freedom from torture as stated in article 5 of the Universal Declaration of Human Rights (UDHR) 1948 which states that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
362 Rushwan, H. (2013). Female genital mutilation: A tragedy for women’s reproductive health. African Journal of Urology, 19(3), 130-133. 363 World Health Organization (1979, February 10-15). Seminar on Traditional practices affecting the health of women and children. Retrieved from https://apps.who.int/iris/bitstream/handle/10665/254379/em_mch_137_em_ment_91_em_sem_tr_pr _aff_hth_wm_44_en.pdf?sequence=1&isAllowed=y 364 UNICEF. (2013). Female genital mutilation/cutting: a statistical overview and exploration of the dynamics of change. New York. https://www.unicef.org/cbsc/files/UNICEF_FGM_report_July_2013_Hi_res.pdf 365 World Health Organization. (2008). Eliminating female genital mutilation: an interagency statement-OHCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCR, UNICEF, UNIFEM, WHO 366 World Health Organization. (2010). Global strategy to stop health-care providers from performing female genital mutilation. Geneva: World Health Organization. 132
367 Further the operation in is contradiction with the principles called for in the
Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)
(1979). In its article 5, the Convention calls on state parties to “To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.”368 It also contravenes with the Convention on the Rights of the Child (1989) which stressed in article 24 on the abolishing of “traditional practices prejudicial to the health of children” and on taking “all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.” FGM violates, also article3, para. 1 of the CRC which states that
''the best interests of the child shall be a primary consideration.”369 In addition, in Article
4 of the Declaration on the Elimination of Violence against Women 1993, violence in all its forms even if it is a tradition or custom is condemned as it called on states to “condemn violence against women and should not invoke any custom, tradition or religious consideration to avoid their obligations with respect to its elimination.”370
For all this, since 1997, intensive international efforts towards combating FGM have been exerted. These efforts were seen from the World Health Organization exerted
367Universal Declaration of Human Rights. Retrieved from https://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf 368 Assembly, U. G. (1979). Convention on the elimination of all forms of discrimination against women. Retrieved from https://www.un.org/womenwatch/daw/cedaw/text/econvention.htm#article5 369The Convention was adopted by the UN General Assembly’s resolution 44/25 of 20 November 1989 and entered into force on 2 September 1990 For more information see: The Convention on the Rights of the Child, United Nations Human Rights Office Of the High Commissioner accessed at : http://www.ohchr.org/en/professionalinterest/pages/crc.aspx 370 Assembly, U. G. (1993). Declaration on the Elimination of Violence against Women. UN General Assembly. Retrieved from http://www.un.org/documents/ga/res/48/a48r104.htm 133
in collaboration with OHCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA,
UNHCR, UNICEF, UNIFM, a matter which is reflected in the interagency statement issued in 2008.371 In the same year of 2008, the World Health Assembly agreed on
(resolution WHA61.16) concerning FGM. In 2010 WHO published the “Global Strategy to stop health-Care provider from performing female genital mutilation.”372 In November
2012, the UN General Assembly adopted a resolution on the elimination of female genital mutilation/cutting (FGM/C).373 In addition, in 2013, the Commission on the Status of
Women on its 57-session confirmed the necessity of putting end to gender-based violence.374
3.6. Legislation on Female Genital Mutilation in Egypt
At the national level, the battle against female circumcision is not a recent one, but rather, it dates back to the fiftieth of the twentieth century. controversy over female circumcision initiated with a mere discussion inside medical circles in 1920 as a health problem when “the Egyptian Physician Association recommended banning FGM/C because its health impact”.375 This debate developed through the pass of years and took serious steps during the fiftieth when the topic had been seriously dealt with from a health perspective.376 In 1959, the Minister of Health issued a ministerial decree no.74 of 1959
371 World Health Organization. (2008). Eliminating female genital mutilation: an interagency statement-OHCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCR, UNICEF, UNIFEM, WHO 372 World Health Organization. (2010). Global strategy to stop health-care providers from performing female genital mutilation. Geneva: World Health Organization. 373 WHO Fact Sheet. https://apps.who.int/iris/bitstream/handle/10665/112328/WHO_RHR_14.12_eng.pdf?ua=1 374 La Comisión de la Condición Jurídica y Social de la Mujer sobre su 57 periodo de sesiones (CSW57) 375 Serour, G. I., & Ragab, A. (2013). Female Circumcision: Between the Incorrect Use of Science and the Misunderstood Doctrine. Retrieved from UNICEF website https://www.unicef.org/cbsc/files/Final_English_FGM_summary.pdf 376 Ministry of State for Population. (n.d). The National FGM Abandonment Strategy 2016-2020. Retrieved ﻂﻄﺨﻟا - ﺔ ﻣﻮﻘﻟا /from http://www.npc.gov.eg/2013-09-28-20-39-20 134
in which he prohibited operations of female circumcisions to take place inside any of the governmental hospitals or health units.377 However, this ministerial degree though prevented midwives to perform operations or even allowed circumcision inside state-run hospitals, it, “astonishingly allowed partial clitoridectomy if parents requested it.”378 By this, the decree left a loophole through which FGM operations continued to persist inside the Egyptian society.379 It seems that this positive step, at least partially, did not succeed to bring an end to the persistence of the operations.
In later years, the debate over female circumcision developed to take a new perspective rather than the medical one. This appeared during the period of the seventieth, when the issue of female circumcision has been dealt with for the first time from a social perspective, when the socialist Marie Asaad presented the first social research on the problem.380 In her ‘Female Circumcision in Egypt: Social Implications, Current Research, and Prospects for Change’ Assaad presented a sociological interpretation of the practice among the Egyptian society through interviewing 54 Egyptian respondents on their experience with female circumcision.381 The topic, was also addressed between the 1970s and 1980s female circumcision by the Egyptian feminist Nawal al-Saadawi who was herself a victim of FGM and came into direct contact with FGM cases after graduating from the medical school. Her job as a medical doctor in rural areas allowed her to see many emergency cases of bleeding among young girl who undergone FGM, as well as examining cases from Sudanese women who were subjected to the severe case of FGM
377 Hafez, M. (2019, July18). Chronology: Stations in the War on FGM in Egypt. Retrieved From / ﻞﺴﻠﺴ -زﻣ - تﺎﻄﺤﻣ - - بﺮﺤﻟا - ةﺪﺘﻤﻤﻟا - ﻋ -خ/https://wlahawogohokhra.com/10065 378 Ayman, Dina. The uphill Battle against FGM: Four female activists stood against the Long-Standing Practice. Accessed at: https://wlahawogohokhra.com/8698/the-uphill-battle-against-fgm-four-female- activists-stood-against-the-long-standing-practice/?lang=en 379 United States Department of State. (2001). Egypt: Report on Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) Retrieved from www.refworld.org/docid/46d57876c.html 380 Ministry of State for Population. (n.d). The National FGM Abandonment Strategy 2016-2020. Retrieved ﻂﻄﺨﻟا - ﺔ ﻣﻮﻘﻟا /from http://www.npc.gov.eg/2013-09-28-20-39-20 381 Assaad, M. B. (1980). Female circumcision in Egypt: social implications, current research, and prospects for change. Studies in family planning, 11(1), 3-16. 135
named infibulation or pharaonic circumcision. All these circumstances influenced Nawal and arouse her anger against such inhumane practice.382
The debate over female genital mutilation then developed during the ninetieth to be dealt with from a human-rights perspective as a result of the controversary followed the International Conference for Population and Development (ICPD). On 5-13
September 1994, The International Conference on Population and Development (ICPD) was held in Cairo during which topics related to women’s reproductive health were on the agenda of the conference. Female circumcision was a matter of conflict between several opinions. For some, it was considered a religious matter and for others it was seen as a violation of girl’s and women’s rights. It was the ICPD, which politicized the issue of female circumcision, after a long time of media silence on an old age practice, and included it into the political agenda of the state. Following the ICPD, the national Anti-
FGM Task force was created in 1994 to study the issue of female circumcision from several perspective including the medical, social, religious and human rights.383 The Task
Force, chaired by Marie Assaad, aimed at to uniting forces towards working together for the eradication of FGM.384
On October 1994 Ministerial Resolution No. 1994 which allowed the opening of public hospitals to perform female circumcision only upon the wish of a girls’ guardians and to be performed by only doctors. The resolution caused an outrage which made the
Minister of Health Dr Ali Abdelfatah ,17 October 1995, to issue a new resolution banning the performance of female circumcision inside public hospitals. This decision was followed in 1996 by resolution 261 of 1996 by Dr Isamail Salam Minster of Health in
382El Saadawi, N. (2007). The hidden face of eve: Women in the arab world Zed Books. Pp 13- 17 383 Ministry of State for Population. (n.d). The National FGM Abandonment Strategy 2016-2020. Retrieved ﻂﻄﺨﻟا - ﺔ ﻣﻮﻘﻟا /from http://www.npc.gov.eg/2013-09-28-20-39-20 384El Dawla, A. S. (1999). The political and legal struggle over female genital mutilation in Egypt: Five years since the ICPD. Reproductive health matters, 7(13), 128-136. 136
which he banned the performance of female circumcision either by medical personal or by any other person either in public hospitals and private clinics 385 The new decision of
1996 excluded cases where FGM is necessary due to medical reasons such as cases of illness with a condition of prior consent of the head of the Department of Obstetrics and
Gynecology in the hospital in which the operation is taking place.386 Further since 2003, combating and eradicating female circumcision has been included in the state’s efforts through its several organizations concerned with women and girl’s health and rights. This is reflected through the FGM Free Village model387 Program adopted by the National
Council for Childhood and Motherhood which later developed to become the National
FGM Abandonment and Family Empowerment Program. The Abandonment program also included launching a number of media campaigns against female circumcision which helped in breaking with a taboo issue which kept hidden from public discussion for several decades. Governmental and non-governmental bodies were also involved into the implementation of the program which extended to 2009. The efforts exerted from different key players in an attempt to combat female circumcision resulted in the decrease in the percentages of circumcision. 388 Yet, female circumcision was not totally banned on the official level of the State until the death of a 12-year old girl named Bdour Shaker
pdf.اﻹﻋﻼم- ﺘﺧو ﺎ ن - ﻧﻹا ثﺎ /Retived from http://nccm.gov.eg/wp-content/uploads/2019/07 385 386 Hafez, M. (2019, July18). Chronology: Stations in the War on FGM in Egypt. Retrieved From / ﻞﺴﻠﺴ -زﻣ - تﺎﻄﺤﻣ - - بﺮﺤﻟا - ةﺪﺘﻤﻤﻟا - ﻋ -خ/https://wlahawogohokhra.com/10065 387 The FGM Free Village Model (NCCM/Project) was launched in 2003 as an Egyptian national initiative under the auspicious of the National Council for Childhood and Motherhood (NCCM) in collaboration with United Nations Development Programme (UNDP), Donor Assistance Group (DAG), European Commission (EC), United Nations population fund (UNFPA), United Nations of Volunteers (UNV), Plan International. The project aimed at eliminating the practice of female genital mutilation as a national priority towards girl’s rights through addressing families and enhancing their knowledge on the detriments of the operation to move them towards abandoning the practice. The programe was implemented inmore than 180 villages on two faces For more details on the program and its objectives see: http://www.nccm-egypt.org/e11/e3172/index_eng.html 388 Ministry of State for Population. (n.d). The National FGM Abandonment Strategy 2016-2020. Retrieved ﻂﻄﺨﻟا - ﺔ ﻣﻮﻘﻟا /from http://www.npc.gov.eg/2013-09-28-20-39-20 137
in upper Egypt while exposed to the operation.389 The story of Bdour’s death ended up on various national newspapers and awareness of the severity of the practice sparked among the population. Further, her death pushed the Ministry of Health to take the matter more seriously and to issue decree No. (271) for the year 2007.390 The decree issued on
28 of June 2007, banned doctors and health workers either in government or non- government health facilities to perform FGM.391 Further, more steps were taken to ensure the eradication of FGM and punishing the perpetrators.
Since the Egyptian penal code promulgated by Law No. 58 of 1937 and its amendment is the principle law under which all crimes against the human body is persecuted and therefore female circumcision were punishable under article 240 of the penal code which states that anyone who has caused a wound or injury to another person which results into a cut or separation of a part of this person’s body and loss of its function and resulted into a permanent disability is punishable by law from 3 to 5 years.392 For this, on 7 June 2008, two articles were added to the penal code (law No.58 of 1937) that condemns any person from performing FGM/C. Nonetheless, the period following the year 2008 witnessed several calls to intensify legal actions against FGM since the operations continued to be performed, yet, these efforts were interrupted by the political situation inside Egypt with the 2011 revolution and the rising of the political Islam reflected in the Muslim Brotherhood. The period during which they stayed in power that
Egypt witnessed several calls towards encouraging female circumcisions. In 2012, as to
389 Ayman, Dina. The uphill Battle against FGM: Four female activists stood against the Long-Standing Practice. Retrieved from https://wlahawogohokhra.com/8698/the-uphill-battle-against-fgm-four- female-activists-stood-against-the-long-standing-practice/?lang=en 390 http://anaweelamargeran.blogspot.com/2017/03/doctorizing-female-genital-mutilation.html 391 Hafez, M. (2019, July18). Chronology: Stations in the War on FGM in Egypt. Retrieved From / ﻞﺴﻠﺴﺗ - ﻣز ﻲﻨ - تﺎﻄﺤﻣ - ﻲﻓ - بﺮﺤﻟا - ةﺪﺘﻤﻤﻟا - ﻰﻠﻋ -خ/https://wlahawogohokhra.com/10065 392 Serour, G. I., & Ragab, A. (2013). Female Circumcision: Between the Incorrect Use of Science and the Misunderstood Doctrine. Retrieved from UNICEF website https://www.unicef.org/cbsc/files/Final_English_FGM_summary.pdf 138
mention, some religious leaders tried to revoke the criminalization law and further encouraged families in villages to circumcise young daughter, however, the Supreme
Constitutional Court rejected their lawsuit, and by this keeping with the criminalization law of 2008.393 In 2016 intensive debates on FGM were reopened with the death of a new victim in the city of Suez in Egypt while undergoing an FGM. It was on May 2016, when a 17-year-old girl named Mayar Mahmoud, died and paved the way for the amendments to the law to treat FGM as a crime with a punishment up to 15 years of prison in the case of a victim’s death.394
Finally, the legal battle regarding FGM ended in 2016 with the Egyptian parliament approving to change the consideration of the crime from a misdemeanor to a felony apply and by this applying a severe penalty on the perpetrators of FGM.395 Further, as part of
Egypt’s commitment to the Convention on the Elimination of All Forms of
Discrimination Against Women as well as the Convention on the Right of the Child and the UN resolution adopted in 2012 on intensifying efforts to combat FGM, the National
FGM Abandonment Strategy 2016-2020 was adopted to reduce FGM rated in future generations.396 Further exerted efforts are being exerted from the Egyptian State to put end to the practice. Last efforts are reflected during June 2019, during which a regional conference on child marriage and Female genital mutilation (FGM) was hosted in Egypt organized by the Egyptian Ministry of Foreign Affairs, the National Council for Women
(NCW)and the National Council for Childhood & Motherhood, in cooperation with the
393 Ministry of State for Population. (n.d). The National FGM Abandonment Strategy 2016-2020. Retrieved ﻂﻄﺨﻟا - ﺔ ﻣﻮﻘﻟا /from http://www.npc.gov.eg/2013-09-28-20-39-20 394 Dina, A. (2009, February13). The Uphill Battle against FGM: Four Female Activists Stood against the Long-Standing Practice. Retrieved from https://wlahawogohokhra.com/8698/the-uphill-battle-against- fgm-four-female- activists-stood-against-the-long-standing-practice/?Lang=en 395 Hafez, M. (2019, July18). Chronology: Stations in the War on FGM in Egypt. Retrieved From / ﻞﺴﻠﺴﺗ - ﻣز ﻲﻨ - تﺎﻄﺤﻣ - ﻲﻓ - بﺮﺤﻟا - ةﺪﺘﻤﻤﻟا - ﻰﻠﻋ -خ/https://wlahawogohokhra.com/10065 396 Ministry of State for Population. (n.d). The National FGM Abandonment Strategy 2016-2020. Retrieved ﻂﻄﺨﻟا - ﺔ ﻣﻮﻘﻟا /from http://www.npc.gov.eg/2013-09-28-20-39-20 139
European Union and the African Union.397As mentions Maya Morsi, President of Egypt's
National Council for Women ( NCW), in her speech during the Conference that “The formation of the National Committee for the Elimination of Female Genital Mutilation, chaired by the National Council for Women and the National Council for Childhood and
Motherhood, represents an important step towards working together for Egypt, which is completely free of female genital mutilation, and coordinating all efforts and partnership with all state agencies and civil society to work for Egypt free from FGM.”398
Despite of the criminalization FGM is still commonly performed among families, especially in the Upper region of Egypt, and the “procedure is almost never discovered”.399 The difficulty of discovering FGM operation and punish its perpetrators are due to two reasons; first since the first type of the procedure performed in Egypt is mainly type I in which severe bleeding is uncommon, and second since those performers are protected by the families inside the communities in which FGM is practiced.400
Families are seeking ways to “get round the law” to cut their daughters often by doctors in secret either in the late-night hours or early in the morning to avoid the penalty of prison.401 Thus, informal or clandestinely practice are still taking place inside the
Egyptian society. Though no recent data is available since the national survey conducted in 2015, it is revealed that the operations are still existing among girls. As table 2 demonstrates, nearly the percentage of circumcision among women and girls remained a high percentage till 2015 as latest data available are reflected in the EDHS of 2015. Such
397 Egypt Today. (2019). Egypt hosts regional Conference on Child Marriage, FGM. Retrieved from http://www.egypttoday.com/Article/1/71781/Egypt-hosts-regional-conference-on-child-marriage-FGM 398 National Council for Women. (2019).Under the patronage of President Abdel Fattah El-Sisi, President of the Republic, the activities of the regional conference on eliminating child marriage and female genital / ﺖﺣ - ﺎﻋر ﺔ - ﺪ ﺴﻟا - ﺲ ﺋﺮﻟا -ﻋ ﺪ - حﺎﺘﻔﻟا - ﺲ ﺴﻟا /mutilation were launched. Retrieved from http://ncw.gov.eg/ar 399 Rasheed, S. M., Abd-Ellah, A. H. and Yousef, F. M. (2011), Female genital mutilation in Upper Egypt in the new millennium. International Journal of Gynecology & Obstetrics, 114: 47–50. 400 ibidem 401 Cut in secret: the medicalization of FGM in Egypt CNN (2017, February7) CNN. Retrieved from https://edition.cnn.com/2017/02/06/africa/africa-view-egypt-fgm/ 140
data are extracted from the Egyptian Demographic and Health Surveys of several years.
These surveys were conducted as part of an international Demographic and Health
Surveys program (DHS) aimed at collecting data on maternal and child health, fertility and family planning. The Surveys in Egypt started with the 1988 EDHS Survey, followed by the 1992 EDHS both of which addressed issues related to women’s health without any mention to female circumcision. It was the EDHS of 1995 which started to provide statistics on the issue, followed by subsequent DHS surveys in Egypt. Although in the
EDHS 1997 and the EDHS 1998 the issue of female circumcision disappeared from the topic covered by the two surveys. However, in the EDHS 2000, the EDHS 2003, the
EDHS 2005, EDHS 2008, EDHS 2014 and the EDHS 2015, female circumcision was included as a main topic affecting women’s health. 402The 1995 Egypt Demographic and
Health Survey (EDHS-95), conducted by the National Population Council, is considered
“the first national-level survey” to provide statistics and undertake a questionnaire on the practice of Female circumcision in the Egyptian Society.403
402 For full access of the survey see The DHS program, Demographic and Health Surveys. Retrieved from https://dhsprogram.com/pubs/pdf/FR14/FR14.pdf 403 El-Zanaty, F., & Way, A. A. (2001). Egypt Demographic and Health Survey 2000. Calverton, Maryland [USA]: Ministry of Health and Population [Egypt], National Population Council and ORC Macro. 141
Table2. A comparison between EDHS of different years on FGM
Year 1995 1997 1998 2000 2003 2005 2008 2014 2015
Prevalence 97.0% NO No 97.3% 97% 95.8% 91.1% 92.3% 87.2% among Data Data Women
Percentage 81.6% No No 75.3% 71.1% 67.5% 54.0% 57.8% 53.9% of women Data Data supporting
Daughters 49.7% No No 49.5% 47.3% 27.7% 24.1% 21.4% 14.1% circumcised Data Data
Mother’s 37.6% No No 80.9% 30.7% 41.0% 32.9% 34.9% 40.8% intention to Data Data circumcise daughters
Source: Based on EDHS of 1995, 2000, 2003, 2005, 2008, 2014 and 2015.404
According to the EDHS-95, the practice of female circumcision represented a universal phenomenon among Egyptian women. The survey indicated that 97 percent of ever- married women interviewed have been subjected to circumcision.405 This percentage remained high for quite a long time as indicated the subsequent DHS surveys of 2000 and
2005 where the percentage of circumcised women marked 97 percent and 96 percent respectively.406 In the 2000 EDHS, the results show that little change have been made to
404 Full Surveys available at: https://www.dhsprogram.com/pubs/pdf/FR71/FR71.pdf https://www.dhsprogram.com/pubs/pdf/FR117/FR117.pdf https://dhsprogram.com/pubs/pdf/FR149/FR149.pdf https://www.dhsprogram.com/pubs/pdf/FR176/FR176.pdf https://dhsprogram.com/pubs/pdf/FR220/FR220.pdf https://dhsprogram.com/pubs/pdf/fr302/fr302.pdf https://dhsprogram.com/publications/publication-FR313-DHS-Final-Reports.cfm 405 El-Zanaty, F., Hussein, E. M., Shawky, G. A., Way, A. A., & Kishor, S. (1996). Egypt Demographic and Health Survey 1995. Calverton, Maryland, USA: National Population Council [Egypt] and Macro International. Inc 406 El-Zanaty, F., & Way, A. A. (2001). Egypt Demographic and Health Survey 2000. Calverton, Maryland [USA]: Ministry of Health and Population [Egypt], National Population Council and ORC Macro. And El- 142
the existence of FGM among the population. Though there was a slight decline according to the 2000 survey in parent’s intention of circumcising their daughters, yet they expressed their intention to have their daughters undergone the operation in the future.
Thus this percentage indicate a continuous support of the practice among the population.407 The slightly improvement in the proportion of girls undergoing FGM could be seen in younger generations.408 Also, the survey shows that the percentage of girls who have been circumcised is lower in Urban Governorates than in rural areas.409 According to the last 2014 EDHS, the FGM percentage among women was 92 percent among the age group 15-49 years, and 61 percent among the age group 15-17 years.410 Nonetheless, the prevalence of circumcision among girls and women in the age between 15-49 marked a modest decline where the 2015 EDHS indicated that the practice of female circumcision marks 87 percent by this confirming that the practice is still widespread in Egypt.411
However, it could be noticed that more recently, although the overall percentage of circumcision among circumcised women is still high, there is a decline in the percentage of circumcision among the youngest generations as indicates the last survey. The percentage of girls between the age of 15-19 for example marked in the 2015 EDHS 69.6 percent in comparison with 2014 EDHS in which the percentage of circumcised girls between 15-19 years marked 87.6 percent.412 Based on the above mentioned data, effort exerted for more than two decades to combat female circumcision has contributed to the
Zanaty, Fatma and Ann Way (2006). Egypt Demographic and Health Survey 2005.Cairo, Egypt: Ministry of Health and Population, National Population Council, El-Zanaty and Associates, and ORC Macro. 407 El-Zanaty, F., & Way, A. A. (2001). Egypt Demographic and Health Survey 2000. Calverton, Maryland [USA]: Ministry of Health and Population [Egypt], National Population Council and ORC Macro. Pp191-200 408 El-Zanaty, F., & Way, A. A. (2004). 2003 Egypt interim demographic and health survey. Calverton: Ministry of Health and Population [Egypt], National Population Council and OCR Macro. 409 El-Zanaty and Associates [Egypt], and ICF International. (2015). Egypt Demographic and Health Survey 2014. Cairo, Egypt and Rockville, Maryland, USA: Ministry of Health and Population and ICF International. 410 ibid 411 ibid 412 El-Zanaty and Associates [Egypt], and ICF International. (2015). Egypt Demographic and Health Survey 2014. Cairo, Egypt and Rockville, Maryland, USA: Ministry of Health and Population and ICF International. 143
decline of the prevalence of circumcision among the Egyptian society despite that the decline could be described as modest. Nonetheless, despite the continuous efforts exerted to constrain the practice, FGM is still commonly performed with the claim of respecting tradition, ensuring female virginity, as well as fulfilling a “religious precept”413 Now the puzzling question is why this old age practice is still persistent inside the Egyptian society? Why despite the legal status and the extensive efforts which have been made starting from campaigns against FGM, initiatives addressing the practice or programs aiming at raising awareness of the problem, do parents ask practitioners to circumcise their daughters illegally.
413 Rasheed, S. M., Abd-Ellah, A. H. and Yousef, F. M. (2011), Female genital mutilation in Upper Egypt in the new millennium. International Journal of Gynecology & Obstetrics, 114: 47–50. 144
Chapter 4
Is FGM an outcome of Islam?
4.1.Introduction
The status of women in Islam had raised much debate and had been a subject of much disagreement in numerous scholarly articles. For the majority of Western
Intellectuals, women’s position in Muslim societies is that of subordination and inferiority. Western writings on Muslim women dealt extensively with the idea that
Muslim women often suffered abuse such as polygamy, forced marriages, inequality in inheritance, or domestic violence. It is a common perception that Islam and the system of the family under the Islamic law are discriminatory to women through which a woman is not allowed to marry upon her will or end the marital relationship upon her request. Those writers accusing Islam directly link forms of discrimination against women to religion which they depict as hostile towards women. The controversy might stem from the fact that, through history, women in Muslim families and Islamic communities had been treated in an inferior manner than men. They were often oppressed or discriminated and were deprived of several rights which women had gained in western cultures both in the domestic and public spheres. In several countries such as Saudi Arabia, for instance, which “is largely regarded as the main reference point for a conservative application of
Islamic Shari'a” women had always suffered from different form of discrimination among
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them the simple right to drive a car till recent improvement.414 For significant number of
Western scholars, intellectuals, and researchers, they tested a set of questions that might serve as a basis for the general conclusion; that religions in general and Islam in particular through its Islamic law(sharia) are the main responsible of this situation of inferiority in which women were submitted to. They went further to accuse Islam of being the main factor behind the widespread practice of female genital mutilation.
We find the idea of accusing Islam of mistreating women and depriving them from several rights in many books and articles. Just to mention few, in Unveiling Islam, Islam is depicted according to the authors of the book as a discriminatory religion and abusive to women through the Holy Quran which they claim contains several verses on women’s inferiority. The book under review also suggest that a married Muslim woman, as they put it, is considered as only her “husband’s sex object” who lacks many rights and becomes a victim to marital punishment and violence. The authors of this books also accuse Islam of depriving women from several rights among them unilateral divorce or equal inheritance since women is depicted as “a lesser creature” who inherits half of a man. 415 Similarly, this idea of women’s inferiority in Islam has been tackled by other authors. In an article named Women's Rights in Islam, for instance, it is mentioned that
Prophet Muhammed “introduced harsh stipulations” and enforced the concept or the belief that woman is an inferior being, heartless, who must unconditionally bow to the man.”416 Further, according to the same article, a woman has no say in her marriage contract and that a man’s superiority is a clear and a woman’s role is only directed towards
414 Mansour, D. (2014). Women’s rights in Islamic Shari’a: between interpretation, culture and politics. Muslim world journal of human rights, 11(1), 1-24. 415 Caner, E. M., & Caner, E. F. (2003). Unveiling Islam: An insider's look at Muslim life and beliefs. Milll Hill, London &Grand Rapids, Michigan.p137 416 Nicolau, I. (2014). WOMEN'S RIGHTS IN ISLAM. Contemporary Readings in Law and Social Justice, 6(1), 711-720. Retrieved from http://search.proquest.com/docview/1550171469?accountid=14478 146
procreation.417 Moreover, to some feminists the story of the creation of Adam and Eve showed this relation of inferiority, since Eve was created from Adam’s Rib.418
On the other hand, however, the bias against Islam in relation to women have made scholars and other determents to take an opposite stance. Among the writers who rejected the western views on religious matters regarding women was Martha Nussbaum who highlighted that those who adopt views against the Islamic traditions were ignorant about the reality of Islam. She further argued that western practices such as breast implants, sex magazines, or nude photos were the behind degrading women and objectify them for male benefits.419 As for the religious scholars who defended women’s position in Islam, they came out with interesting results. They highlighted that Islam provided women with rights, several centuries ago, that were not previously mentioned in other religions. In an attempt to rectify this conception about women and Islam, they returned to the text of the
Quran and the hadith420 to refute those Western claims. This included revising the religious texts which were used to defend the link between religion and FGM to come with an analysis on the matter. In his search on women named Women between Islam and the suspicions of the other, Sheikh Ali Gomaa Mohamed, for instance, spoke about the status of women before the advent of Islam when they were humiliated and oppressed from all ancient civilizations.421 He affirms that all texts driven from the Quran and the
Sunna demonstrate the high status of women in the Islamic Sharia. And highlights that
417 ibidem 418 For more information about western opinión on this matter See Amorós, C. (2009). Vetas de ilustración: Reflexiones sobre feminismo e Islam. Ediciones Cátedra.p212 419 Nussbaum, M. (2010). Veiled threats. New York Times, 11, 2010. 420 A recommended book to get insight about some hadiths translated to English is Budak, A & Altay, K. (2013): 40 Hadiths: Translation & commentary. 421 G. Mohamed, Ali. Women between Islam and the suspicions of the other. Retrieved from: ةأﺮﻤﻟا -ﺑ - فﺎﺼﻧإ -اﻹﺳﻼم- ﺒﺷو ﻬ تﺎ - ﺮﺧﻷا -أ-دitem/1488--/اﻟﻤﻜﺘ ﺔ ﻛﺘﺐ/https://www.draligomaa.com/index.php ﻋ - ﻤﺟ ﻌ ﺔﻌﻤ 147
the existing differences between a woman and a man in functions does not implicate any type of diminution to each of them.422
Among the scholars who also dealt with women’s situation in Islam is Muhammed
Al-Ghazali who asserted the same idea mentioned above. In his book, Women’s Issues between Stagnant Traditions and Expatriate Traditions, Al-Ghazali shed the light on verses of the Quran, namely An-Nahl423 and al Imran424, in which men and women were mentioned as human-beings on equal footage without any type of discrimination. He explained that the distinction made on few matters was based on the natural being of each sex without considering any of them inferior to the other. He then explained that Islam treated women in a compassionate manner in certain issues, among them was relieving them from some religious obligations. This matter included exempting them from performing prayers or fastening, during the holy month of Ramadan due to their physical pain during the menstrual period. Al-Ghazali also sought to shed light on the fact that
Islam dictated norms for both men and women to guarantee the rights of both in various aspects of life with no discrimination. In his book, he explained that the sacred religious texts of the Holy Quran illustrate the value in which Islam placed women through its’ various verses. Yet, the social customs set by humans affected the social and intellectual situation of women despite of the obvious equality mentioned in the Quran between men and women. 425 Now if one probes in this subject tackled by the two groups of intellectuals and scholars who adopted opposing opinions on the status of women in Islam, we find it necessary to shed light on Islam and understand how it treated women to provide the
422 Ibid 423 Surat An-Nahl of the Quran is verse 97 and can be accessed at https://quran.com/16/97 424 Surat Al Imran of the Quran is verse 195 Can be accessed at: https://quran.com/3 425 Al-Ghazali, M. (2013). Women’s’ Issues between Stagnant Traditions and Expatriate Traditions, Cairo: Dar Al Shorroq Publication. Translation of the title is my own translation. Its original Arabic name Pp39-125 ( ﺎﯾﺎﻀﻗ ةأﺮﻤﻟا ﻦﯿﺑ ﺪﯿﻟﺎﻘﺘﻟا هﺪﻛاﺮﻟا هﺪﻓاﻮﻟاو ) is
148
reader with a better insight into the issue and then move on to tackle the issue of FGM from a religious point of view.
4.2.Islam a guidance for Muslims: An overview
Islam is the last of the heavenly religions which was revealed to prophet
Muhammed by the Archangel Gabriel who instructed him with words of the Quran. In a
Muslim society, Islamic faith is the most influential source on the lives of every believer.
Muslims believe in God as the only creator and believe in Prophet Muhammed as the last prophet sent to humans by the Creator. People in their daily life, derive their religious teachings and instructions from the Quran and the Sunnah as a guidance for a correct behavior of Muslims. The Quran is the holy book which contains the words of God revealed in the Arabic language to prophet Muhammed during a period of twenty-three years in which “various elements, such as parables, ethical pronouncement, general legal rules and specific ones, as well as spiritual guidance” were included. There is no disagreement between scholars on the content of Quran, however disagreement aroused from some interpretations of it.426 The Quran is divided into 114 chapter each chapter is known by Sura and each Surah is divided into verses known as Ayah. In the Quran a long verse named al-Nisaa (Women). Understanding the qur’anic verses necessitates both dominating the Arabic language as well as understanding the circumstances under which each verse was revealed. In several verses of the Quran men and women were addressed by using the Arabic word ‘insan’ which literally means a ‘human soul’ or a ‘human being’ in reference to both women and men regardless of their gender. Yet, in some verses men
426 Browning, D. S., Green, M. C., & Witte Jr, J. (Eds.). (2006). Sex, marriage, and family in world religions. Columbia University Press. 149
or women were addressed using words women or men to assert on a certain meaning. The
Sunnah is the second source of the Islamic legislation; it includes all sayings, deeds, moral qualities of Prophet Muhammad which had been transferred to us in a correct and clear manner. It is worth mentioning that Asr al Tadwin, as mentions Fatima Mernessi in which religious texts were put into writings it began in the eighth century “when the Muslim
Savants began to make a catalogue of Hadith (the recorded deeds and saying attributed to the prophet), fiqh (religious knowledge), and tafsir( explications of the Koran).”427
Based on the Quran and the hadith, it is clear that Islam dictated norms for both men and women for all aspects of life to guarantee a life with no discrimination.428 These regulations set by Islam, included all aspects of human life. They also organized matters related to women to guarantee their rights and duties in a time where women had been treated in a degrading manner before the advent of Islam. This status of degradation and inferiority before Islam was reflected in the writings of many religious figures among them, Sheikh Ali Gomaa Mohamed who tackled the status of women before the advent of Islam when they were humiliated and oppressed from all ancient civilizations. In this he wrote:
“ A woman for the Greeks was as a poisoned tree, or a work of Satan. For the
Romans a woman was been looked to as something with no soul. And in the
ancient Chinese culture, a husband had the right to bury his wife alive and if
he died, his family had the right to inherit her. And to the Indians, they said
not death, hell, poison, snakes and fire worse than women. Women do not
have the right to live after the death of her husband, but rather must be burned
427 Fatima, M., & Lakeland, M. J. (1991). Women and Islam: An historical and theological enquiry. Trans. Mary Jo Lakeland. Oxford: Basil Blackwell. 428 Al-Ghazali, M. (2013). Women’s’ Issues between Stagnant Traditions and Expatriate Traditions, Cairo: ﺎﻀﻗ ﯾ ﺎ ) Dar Al Shorroq Publication. Translation of the title is my own translation. Its original Arabic name is Pp39-125 ( ةأﺮﻤﻟا ﻦﯿﺑ ﺘﻟا ﺪﯿﻟﺎﻘ هﺪﻛاﺮﻟا هﺪﻓاﻮﻟاو هﺪﻛاﺮﻟا ﺪﯿﻟﺎﻘ 150
with him. And the Persians allowed taboo marriages without exception and
the Persian may sentence his wife to death. And the Jews considered cursed
her as they considered her the source of seduction and unclean in the case of
menstruation and may be sold to her father. For the Christians, women were
created to serve men. And for the Arabs before Islam, women were buried
alive (in what is known as Waed).”429
Girls during the Jahilya, a name given on the period before the advent of Islam, female girls represented a disgrace to their families and therefore were buried alive directly on their birth. However, Islam prohibited and refused such practice of female infanticide against newborn girls who haven’t committed any sin but were buried alive for the only reason of being “a girl”. Such practice known in Arabic as Wa’ad al-Onsa is mentioned in the following two Quranic verses. God Almighty, in Quran surat An-Nahl, prohibited the widespread female infanticide as follows:
1. “And when one of them is informed of [the birth of] a female, his face
becomes dark, and he suppresses grief. He hides himself from the people
because of the ill of which he has been informed. Should he keep it in
humiliation or bury it in the ground? Unquestionably, evil is what they
decide”430
2. “When the sun is wrapped up [in darkness], And when the stars fall,
dispersing, And when the mountains are removed, And when full-term
429 Mohamed, A.G.: Women between Islam and the suspicions of the other. The original Arabic book is .(اﻟﻤﺮأة ﺑ إﻧﺼﺎف اﻹﺳﻼم وﺷﺒﻬﺎت-اﻷﺧﺮ ﻟﻠﺪﻛﺘﻮر ﻋ - ﻤﺟ ﻌ ﺔ ) titled ةأﺮﻤﻟا -ﺑ - فﺎﺼﻧإ -اﻹﺳﻼمitem/1488--/اﻟﻤﻜﺘ ﺔ ﻛﺘﺐ/Retrieved from: https://www.draligomaa.com/index.php و ﺒﺷ ﻬ تﺎ - ﺮﺧﻷا -أ-د-ﻋ - ﻤﺟ ﻌ ﺔﻌﻤ 430 Quran An-Nahl 16:58:59, accessed at http://quran.com/16 151
she camels are neglected, And when the wild beasts are gathered, And
when the seas are filled with flame, And when the souls are paired, And
when the girl [who was] buried alive is asked, For what sin she was
killed”431
Therefore, with the advance of Islam, it became evident through The Holy Quran as well as the hadiths of prophet Muhammed that Islam came with many regulations on women’s rights in marriage, divorce, inheritance as well as other human rights. It also prohibited many discriminatory social customs against women that existed in pre-Islamic periods. In examining many of the sources which spoke about women’s situation according to Islam, I found many materials which proves how Islam inscribed for women several rights.432 Sheikh Ali Gomaa Mohamed, for instance, explained that the Quranic texts which honored women were divided into two categories; those which equate between men and women in terms of mandates, rights and duties and those which requested more protection for women.433 Given the fact that FGM is related to the concept of marriage and the female body in general, I will provide an overview on marriage in
Islam.
4.2.1. Body, Marriage and Family
Implicated in premarital sexual relations is forbidden in Islam in what is known in
Arabic as (haram) and thus marriage is encouraged according to the Islamic Sharia. A
431Quran Retrieved from http://quran.com/81/1-6 432 See for instance Goma, A. A. (2014).Eliminating all forms of violence and discrimination against women, Al Waraa Institution Publications. Aldin, S.S. (2005). Women between customs and religion. Al Mahrousa Publications. Cairo. Binalia,B. (2017). Legal mechanisms to combat violence against women, Al Wafaa Publications, Alexandria, Al ANjar, A. (2012). Political rights of women in Islamic legislation, National Council for Women Publications. 433 ibid 152
marriage contract had been described in the Quran as a “solemn covenant” as mentioned in Surat Al-Nisa which literally means “women”.434 The marriage contract is not regarded in religion as a mere contract between two parties but rather is considered superior to any other contracts and is governed by certain Quranic standards and laws.435 Marriage, according to the Islamic Sharia should be organized by rules and by certain conditions which organize the relation between two spouses, including the duties and rights of each of them. Fatouh, Elchazli in his Women's Personal Status Rights: Marriage Rules from the legal Perspectives, spoke about those conditions. The condition of ‘mutual consent’, as he explained, is considered one of the main requests of marriage. This consent refers to the acceptance of both spouses of such marriage and their indication of such acceptance to their registrar or to their proxy. He added that according to the Hanafite School of
Islamic Jurisprudence, mutual consent is “the main pillar of marriage.”436 Marriages in
Islam also include the concept of the dower (mahr) which refers to a sum of money presented to a spouse by her husband according to Quranic verse named Suraa Nisaa which says “And give the women [on marriage] their dower as a free gift”437
In his Women’s Issues between Stagnant Traditions and Expatriate Traditions, Al
Ghazali refuted the mainstream notion which understand marriage as only based on the sexual satisfaction of the body. And stressed that marriage should not only depend on admiring the physical aspects of a woman, on the contrary it should be based on tranquility, mercy and good social morals within the principles of Islamic principles.438
434 Quran surah al-Nisa available at https://quran.com/4/21 435 Don S. Browning, M. Christian Green, and John Witte (1893): Sex, Marriage, and Family in World Religions. Colombia University Press. New York.Pp166 436 Elchazli, Fatouh (2012): Women's Personal Status Rights: Marriage Rules from the legal Perspectives, National Council for Women Publications, Cairo 437 Quran surah Nisaa 438 Al-Ghazali, M. (2013). Women’s’ Issues between Stagnant Traditions and Expatriate Traditions, Cairo: ﺎﻀﻗ ﯾ ﺎ ) Dar Al Shorroq Publication. Translation of the title is my own translation. Its original Arabic name is P114.( ةأﺮﻤﻟا ﻦﯿﺑ ﺪﯿﻟﺎﻘﺘﻟا هﺪﻛاﺮﻟا هﺪﻓاﻮﻟاو هﺪﻛاﺮﻟا ﺪﯿﻟﺎﻘﺘﻟا ﻦﯿﺑ ةأﺮﻤﻟا 153
This could be seen in the Quranic verse which says “He created for you from yourselves mates that you may find tranquillity in them; and He placed between you affection and mercy.”439 It is worth mentioning that before Islam, several types of marriages existed.
One of the writers who spoke about those types was Fatima Mernissi. In her book Beyond the Veil: Male-Female Dynamics in Muslim Society, Mernissi speaks about the types of marriages existed before Islam in pre-Islamic period. In her description, she speaks about four types of marriages or sexual unions existed according to Bukhari. These four types are described as follows;
1. A type where a man marries off his daughter to another man who offers her a
dowry
2. A type known as Nikah al-Istibada in which a man who seeks a child allows his
wife intercourse to have sexual intercourse with another during which period her
husband avoids having sexual intercourse with her till it is proved that she became
pregnant and then he resumes his sexual life with his wife.
3. The third type in which a group of men visited a woman for sexual intercourse
and after pregnancy and childbirth she named the men she had intercourse with and
named one of them to be the father of her child. No objection on attaching the child
to him can be made.
4. The fourth type was related to the prostitutes who raised signs on their tents
indicating the possibility of entrance to any men if he so desired. If the woman gave
birth to a child, they call upon all men that had sexual intercourse with her and
attach the child to the man who most resembles the child.440
439Quran, Surat Ar-Rum. Retrieved from https://quran.com/30/21 440Fatima M.(1975): Beyond the Veil: Male-Female Dynamics in Muslim Society. Indiana University Press.Pp75-76
154
Nonetheless, with the advent of Islam, marriage had been redefined and regulated with several conditions as mentioned above. In her Women and the Question of Polygamy in Islam, H.A. Jawad explained that Islam also restricted the practice of polygamy since it “prescribed monogamy as an ideal form of marriage” and only permitted polygamy under certain circumstances. Before the advent of Islam, Polygamy was a widespread phenomenon in ancient times and was practiced among several nations including it was known among the Jews. It was a social custom in pre-Islamic Arabia that allowed males of the tribes to marry an unlimited number of wives. The qur’anic verse regarding polygamy was revealed to the Prophet after the known battle of Uhud where many male warriors were killed leaving behind them lot of widows. Thus, polygamy was restricted, and men were permitted to marry up to four wives under a very strict condition that there should be treated in an equal manner, a condition which is hard to fulfil. The permissibility of polygamy, as mentions Jawad, was initially given according to the qur’anic verse with the aim of protecting widows and orphans.441 The Quranic stance regarding polygamy was clear through two verses of the Quran that equality in treatment is an essential requirement in polygamous marriages. The Quran states that if a man fears injustice then he should marry only one as follows:
And if you fear that you will not deal justly with the orphan girls, then marry
those that please you of [other] women, two or three or four. But if you fear
that you will not be just, then [marry only] one or those your right hand
possesses. That is more suitable that you may not incline [to injustice].442
441 Jawad, H. A. (1991). Women and the question of polygamy in Islam. Islamic Quarterly, 35(3), 181. 442 Quran Surah Al- Nisaa. Quran available https://quran.com/4/3 155
Islam also regulated the issue of divorce according to what was mentioned in the
Quran and the Sunnah in a way to protect women from any form of discrimination. This regulation was clearly mentioned in the qur’anic verse named Surat al-Baqara in which a man was requested to treat his wife in a dignified manner and to release her, in case of divorce, without causing her harm. The verse says “And when you divorce women and they have [nearly] fulfilled their term, either retain them according to acceptable terms or release them according to acceptable terms, and do not keep them, intending harm, to transgress [against them].443 As for the Sunnah, it also mentioned women’s right in divorce, if requested, in good terms. According to Muhammed Al Ghazali, who quoted a religious source, he highlighted a story of a woman named Jamila Bint Aws who came to
Prophet Muhammed informing him about her hatred of her husband. She expressed her inability to continue living with him to the Prophet who then asked her if she could accept returning the dower to her husband, and upon approval, the prophet ordered the husband to divorce her.444
In his comment on the claim that Islam insulted a woman by allowing her beating,
Ali Gomaa explained that during the time of The Prophet Mohamed many women went to complain their situation in which they witnessed beating from their husbands the matter which angered the prophet. Gomaa then added that the Prophet never used physical violence with any of his wives.445
443 Quran Surah Al-Baqarah availabe at https://quran.com/2/231 444 Al-Ghazali, M. (2013). Women’s’ Issues between Stagnant Traditions and Expatriate Traditions, Cairo: ﺎﻀﻗ ﺎ ) Dar Al Shorroq Publication. Translation of the title is my own translation. Its original Arabic name is p73 .(اﻟﻤﺮأة ﺑ اﻟﺘﻘﺎﻟ ﺪ اﻟﺮا ﺪە واﻟﻮاﻓﺪە 445Gomaa, A. (2016) There are those who repeat that Islam insulted women that the man was allowed to hit her, so what is the truth? Retrieved from DrAliGomaa website ﻨﻫ كﺎ - ﻦﻣ - ددﺮﻳ - نأ -اﻹﺳﻼم- نﺎﻫأ - ةأﺮﻤﻟا item/1974--/اﻟﻔﺘﺎوى ﻣﺠﺘﻤﻊ- ة أو /https://www.draligomaa.com/index.php نﺄ - ﺢﻤﺳ - ﻞﺟﺮﻠﻟ - ــﻬﺎ،- ﺎﻤﻓ - ﻘﺣ ﻘ ﺔ - ﻚﻟذ - ؟لﻮﻘﻟا 156
The word ‘beating’ in the language of the Arabs has several meanings, depending on the context in which it is used.446 Islamic jurists say that beating is allowed in only one case in a marital relationship in what is named as Nushuz which is a status in which a wife refuses to perform her duties. However, this license given to men was restricted by certain conditions that must be met. These conditions consist in providing preaching to the wife, then abandoning her in bed and third beating. They explain that beating should not be a severe beating but should be beating by toothpick (alsawak) to show a wife her mistake.
They explain that the aim behind beating is to only fix her behavior and not to punish her.
Beating in their opinion was only limited to the wife which was described as being
Nashez. On the other hand, as shows the study, a different opinion regarding beating a wife reflect that according to the meaning of the word in Arabic language, it refers to leaving the marital house and abandoning the wife. This opinion was based on analyzing the verse of the Quran which honored women and gave them the right to Khul which is an evidence that the Islamic Sharia did not want any pain or harm to women.447
It is worth mentioning that one of the main issues that appears as a discrimination or inequality to some is the issue of inheritance. However, inheritance in Islam is guided by certain rules as mentioned in the Quran. Those norms on inheritance differ in each single case and affects the portion of inheritance regardless of the sex. The division of inheritance was mentioned in verses of Surat al-Nisaa of the Quran. Sallem Abdel-jalil says that a woman inheriting half of the share is not a fixed rule in Islam for all cases of inheritance between males and females. But rather, it is applied only in certain and
446Zakariyah, H. (2018) The Man's Power to Beat His Unpredictable Wife: A Critical Study of the Book of Beating the Woman by Abdul Hamid Abi Suleiman. Al-Qanatir: International Journal of Islamic Studies. Vol 10. No.1 April issue (2018). Retrieved from https://al-qanatir.com/index.php/qanatir/article/view/5/5 .ﺳﻠﻄﺔ اﻟﺮﺟﻞ ب زوﺟﺘﻪ اﻟﻨﺎ : دراﺳﺔ ﻧﻘﺪ ﺔ ﻟ ﺘﺎب ب اﻟﻤﺮأة ﻟﻌ ﺪ اﻟﺤﻤ ﺪ أ ﺳﻠ ﻤﺎن :Original title in Arabic 447Z Zakariyah, H. (2018) The Man's Power to Beat His Unpredictable Wife: A Critical Study of the Book of Beating the Woman by Abdul Hamid Abi Suleiman. Al-Qanatir: International Journal of Islamic Studies. Vol 10. No.1 April issue (2018). Retrieved from https://al-qanatir.com/index.php/qanatir/article/view/5/5 .ﺳﻠﻄﺔ اﻟﺮﺟﻞ ب زوﺟﺘﻪ اﻟﻨﺎ : دراﺳﺔ ﻧﻘﺪ ﺔ ﻟ ﺘﺎب ب اﻟﻤﺮأة ﻟﻌ ﺪ اﻟﺤﻤ ﺪ أ ﺳﻠ ﻤﺎن :Original title in Arabic 157
particular cases of inheritance. He explained that this is limited to only four cases. He further explained that a male on inheriting his share he is obliged to spend from it on his family and on himself, while a female is not obliged to spend any of her own share since it is her own money. In one example he mentioned, he says if a woman dies and she has a daughter, a husband and her mother and father are alive. Her husband inherits quarter of what she left, her daughter inherits half of what she left, both grandparents inherit the sixth of what she left. In this case for example, Abdel-Jalil explains that a female inherits double the portion of a male (daughter and father), and a female inherits exactly the same portion of a male (grandmother and grandfather) and a female inherits more than the half of a male (daughter and grandfather).448
Islam also required the protection of children, in 2005, a jointly published manual by Al-Azhar University and UNICEF named ''Children in Islam'' tackled important issues concerning children. The ‘children in Islam’ highlights how Islam stresses on the importance of protecting children (including girls) starting from their early stages. During pregnancy, women have the choice of not fastening during the Holy Month of Ramadan to provide adequate nutrition for her fetus.449
4.2.2. Equality in Islam: Each responsible for own deeds
Ali Gomaa cited verses of Quran which defended his argument that humans were treated in an equal manner each of which, regardless of being a man or a woman. Each human being where male or female was created responsible of his or her own deeds. He quoted verse [40:40] which says: “Whoever does an evil deed will not be recompensed
448 National Council of Women: Al Shobha Alaty Tothar Hawl Mawkif al-Sahrea al-Islamiya Min al-Maraa. Accessed at: http://ncw.gov.eg/ar/ 449UNIECF (2005). Children in Islam. Retrieved from http://www.unicef.org/egypt/Egy-ChildinIslam.pdf 158
except by the like thereof; but whoever does righteousness, whether male or female, while he is a believer- those will enter Paradise, being given provision therein without account.”
And verse [3:195] which says: “And their Lord responded to them, “Never will I allow to be lost the work of [any] worker among you, whether male or female; you are of one another.”450
This sheikh then wrote that Islam equated between men and women in choosing their spouse with no obligation from parents adding that the role of parents is to provide advice and guidance with no compel on children whether male or female to accept a marriage against their choice. He further explained that forcing a daughter to marry someone whom she does not want is forbidden in Islam and an infringement on her rights since she has the freedom to accept - or return - whoever comes to propose to her. He added that a father or a guardian has no right to compel his daughter to a marital life based on coercion which is in contradiction to the qur’anic rule of marriage which states that marriage should be based on mercy and affection between the spouses.451
As Islam gave a woman the right to choose her husband, as Gomaa put it, Islam granted her the choice to stay with him or to separate herself if the marital relation between them worsened in a way no reconciliation could be reached and for this divorce was permitted in Islam in the interest of both women and men.452
According to Gomaa explanation on the issue of women’s right in divorce he says that the Islamic legislation gave a woman the right to end a marital relationship as it gave this
450 G. Mohamed, Ali. Women between Islam and the suspicions of the other. Retrieved from ةأﺮﻤﻟا -ﺑ - فﺎﺼﻧإ -اﻹﺳﻼم- ﺒﺷو ﻬ تﺎ - ﺮﺧﻷا -أ-دitem/1488--/اﻟﻤﻜﺘ ﺔ ﻛﺘﺐ/https://www.draligomaa.com/index.php ﻋ - ﻤﺟ ﻌ ﺔﻌﻤ 451G. Mohamed, Ali. Does Islam give the father the right to compel his daughter to marry whom she does not want? Is it for women in Islam to end the marital relationship or whether this is a man’s right -Alone? Retrieved from DrAliGomaa website ﻞﻫ - ﻌ -اﻹﺳﻼم- ﻖﺤﻟا - ﺪﻟاﻮﻠﻟ - item/1976-- /اﻟﻔﺘﺎوى ﻣﺠﺘﻤﻊ- ة أو /https://www.draligomaa.com/index.php إ ﺟ ﺎ ر - ﻪﺘ ﺑا - ﻋ - وز جا - ﻦﻣ -ﻻ- ؟ﺪ ﺗ - ﻞﻫو - ةأﺮﻤﻠﻟ - -اﻹﺳﻼم- ءﺎﻬﻧإ - ﺔﻗﻼﻌﻟا - ﺔ ﺟوﺰﻟا - مأ - نأ - ﺬﻫ ا - ﻖﺣ - ﻞﺟﺮﻠﻟ - ەﺪﺣو -؟ 452 ibid 159
right to a man. A marital relationship could be ended by a woman in three forms; a woman has the right to stipulate in her marriage contract that she could divorce herself at anytime she wishes as if the husband was the one who divorced her, she also has the right to ask a judge for a separation between her and her husband if she suffers a certain damage from him, or she has the right to divorce (takhtalie) with no reason to end the marital relationship.453
Abdullah Mubarak Al-Najar, working as Professor and Head of Private Law
Department, Faculty of Law and Law, Al-Azhar University in his booklet ‘Islamic law and some societal issues’ published by the National Council of Women Egypt, explained the Islamic position from the use of violence against women including the topic of FGM.
Al Najar pointed out that violence against women is prohibited in the relationship of men to women quoting verses from the Quran which speak about the equality of rights granted to both sexes. And he added that the degree daraja mentioned in the Quranic verses refer to the responsibility which men have towards women.454
And on the matter of protection of rights, meanwhile, the second category Gomaa explains that those verses addressed men to provide women with rights in different circumstances, we see him quoting, for example, verse [4:19] which says: “And live with them in kindness.” And in a case of divorce verse [2:236] instructs men to “give them [a gift of] compensation - the wealthy according to his capability and the poor according to his capability - a provision according to what is acceptable, a duty upon the doers of good.” And in verse [2:229] instructs a husband to “either keep [her] in an acceptable
453G. Mohamed, Ali. Does Islam give the father the right to compel his daughter to marry whom she does not want? Is it for women in Islam to end the marital relationship or whether this is a man’s right -Alone? Retrieved from DrAliGomaa website ﻞﻫ - ﻌ -اﻹﺳﻼم- ﻖﺤﻟا - ﺪﻟاﻮﻠﻟ - item/1976-- /اﻟﻔﺘﺎوى ﻣﺠﺘﻤﻊ- ة أو /https://www.draligomaa.com/index.php إ ﺟ ﺎ ر - ﻪﺘ ﺑا - ﻋ - وز جا - ﻦﻣ -ﻻ- ؟ﺪ ﺗ - ﻞﻫو - ةأﺮﻤﻠﻟ - -اﻹﺳﻼم- ءﺎﻬﻧإ - ﺔﻗﻼﻌﻟا - ﺔ ﺟوﺰﻟا - مأ - نأ - ﺬﻫ ا - ﻖﺣ - ﻞﺟﺮﻠﻟ - ەﺪﺣو -؟ 454National Council for women. (2013). Islamic law and some societal issues. National Council for Women Publications 160
manner or release [her] with good treatment”. Furthermore, Gomaa strengthened his view by adding that not only honoring women is mentioned in Quran, but also in Sunnah.
Similarly, he cited several hadiths in which prophet Muhammed addressed men in various situations and instructed them to well treat women.455 The prophet’s emphasis on the good treatment of women in his hadiths included all women either a mother, a daughter or a wife. Among those hadiths, just to mention few, the one which says: “The most excellent among you in faith, is the most virtuous of you; and the most virtuous of you is the one who treats his wife best”.456 In another hadith, he says: “God has forbidden you from disobeying your mothers, from burying newborn daughters alive, from not honouring the rights and debts that have been incurred.”457 The prophet himself was a role model in showing respect to women through the kind treatment for his wives and this appeared in a quoted story of his wife Aisha who mentioned that Prophet had never beaten or hit any of his wives.458
The idea of equality between men and women is mentioned in many verses of the
Quran. In the holy Quran, God the creator in Surat At-Tin, for example, mentioned that he created the human being in the best form and best creation as follows “Certainly we have created the human(soul) in a calendar of perfection (so that it can turn to be the best in a period of time by doing the soul’s cleansing and purification’.459 Mohammed
Al/Khayat, for instance, returned to the text of the hadith to show that Islam equate between men and women in seeking knowledge. He quoted the prophetic hadith which
455 G. Mohamed, Ali: Women between Islam and the suspicions of the other. Retrieved from ةأﺮﻤﻟا -ﺑ - فﺎﺼﻧإ -اﻹﺳﻼم- ﺒﺷو ﻬ تﺎ - ﺮﺧﻷا -أ-دitem/1488--/اﻟﻤﻜﺘ ﺔ ﻛﺘﺐ/https://www.draligomaa.com/index.php ﻋ - ﻤﺟ ﻌ ﺔﻌﻤ 456 Hadith cited in Budak, A & Altay, K. (2013): 40 Hadiths: Translation & commentary. Tughra Books. USA. Pp116 457 ibid 458 See Muhammed, Abdel Rahim (2011). The Prophet’s wives, children, and grandchildren. Dar al Turath تﺎﺟوز ا لوﺳرﻟ او ﺑ ﻧ ﺎ ﮫﺋ ﻔﺣاو هدﺎ Publications, Cairo. p362. Original title in Arabic 459 Quran Surah At-Tin 161
said that seeking knowledge is obligatory for a Muslim. And by a Muslim here it refers to both males and females with no distinction.460 In his arguments regarding the idea of equality, Al-Ghazali, also quoted verses of the Quran in which equality regarding matters of human behavior and actions is clearly mentioned. Al-Ghazali says that despite this equality clearly mentioned in the verses of the holy Quran, some people “twist words” from their original meaning with the aim of depriving women from such rights dictated by Islam.461
Departing from this perspective of twisting words from the original meaning, it could be noted that in social aspects of women life, women had become victims to many social practices which turned them to victims of violence as a consequence. According to
Islam, for instance, Muslim women are requested to cover their hair and body leaving hands and face uncovered. Yet conservative and radical thinking obliged women for several decades to cover their face and to be secluded from the public domain. As I mentioned in chapter 1, women were kept in isolation for decades as a result of strict understanding of religion till the calls of emancipation by Qasim Amin and feminists who defended that women’s seclusion was not an ordain of Islam. This matter occurs in several contexts and in different historical periods. They consider women as the most vulnerable group of society to enforce on them the strict and radical ideas. We saw it also as mentioned in chapter 2 during the revival of the Islamists in 2012 when strict interpretations of religion aimed at reviving certain practices against women as the practice of female circumcision.
460AlKhayat, Mohammed (2007) Muslim women and issues of the times, Safir Alduwaliih Lilnashr Publications.Cairo Pp38-39 461 Al-Ghazali, M. (2013). Women’s’ Issues between Stagnant Traditions and Expatriate Traditions, Cairo: ﺎﻀﻗ ﯾ ﺎ ) Dar Al Shorroq Publication. Translation of the title is my own translation. Its original Arabic name is Pp39-46 .(ا ةأﺮﻤﻟ ﻦﯿﺑ ا ﻟ ﺎﻘﺘ ﻟ ﺪﯿ ا هﺪﻛاﺮﻟ او هﺪﻓاﻮﻟ وهﻛﺮ ﺪ ﻘ ﯿ أﻤ 162
4.3.Female genital mutilation: a mandatory religious act or imposed on religion
According to a study published by The National Council for Childhood and Motherhood, the Egyptians practiced female circumcision in historical periods prior to the existence of monotheistic religions; Judaism, Christianity, and Islam. This is reflected, as indicates the study, from the existence of a papyrus belonging to the Greek era dating back to the year
163 BC archived in the British Museum which contains a conversation of a woman who planned to circumcise her daughter to prepare her to marriage. The same study added that the Egyptians kept with the practice despite of their adoption of Christianity in the first century and of Islam in the seventh century. 462 In spite of the fact that FGM in the
Egyptian society has been performed on both Muslims and Christians, yet, the practice is associated with Islam. Therefore, the practice had raised controversy and aroused a polemical debate among scholars and religious leaders on whether to consider it Islamic or not Islamic. Defenders of the practice consider it a religious duty known as “circumcision” while the opponents refuse this opinion and regard it a
“mutilation” of the female body. This disagreement between religious jurists is a clear manifestation of the controversary which has surrounded FGM till the present day.
Historically, since the beginning of the twentieth century there have been some legal religious fatwas from senior Islamic scholars such as Sheikh Rashid Reda who tackled the issue of female circumcision saying that it was not a religious obligation and that there was no sin for those who do not perform it.463 The debate initially started in
Egypt in 1904 in Al-Manar magazine in which its founder Sheikh Rashid Reda tackled the matter of whether female circumcision obligatory ‘wajib’ or Sunnah in Islam. After
pdf.اﻹﻋﻼم- ﺘﺧو ﺎ ن - ﻧﻹا ثﺎ /Retived from http://nccm.gov.eg/wp-content/uploads/2019/07 462 463ibid 163
several years, and in particular in 1951, the same question was raised when a religious opinion was requested by the Egyptian Minister of Health from sheikh Mahmoud
Shaltout, a senior member in Al-Azhar Institution. He provided the religious opinion on the matter which was published on 28 May 1951 in Al-Ahzar magazine. In his reply, he clarified that as a general rule in the Islamic Sharia; whenever a certain matter is proven to result into moral or physical damage, it should be prohibited to avoid such damage and until this damage could be proven in the issue of female circumcision, he confessed that as a religious opinion female circumcision is not a religious obligation nor Sunnah according to the Islamic Sharia.464
This disagreement in religious opinions appeared once more during the final decade of the twentieth century. It was during the celebration of the International Conference on
Population and Development (ICPD) in which religious leaders have adopted two opposing stances regarding the linkage of FGM to Islam. Their ideas had been crystalized during the period of the conference in which a confrontational debate existed between the shaykh al-Azhar during that time and the Chief Mufti of al-Azhar on the issue. The former declared FGM a religious duty while the latter, issued a religious opinion known in Arabic as “fatwa” declaring the practice to be non-Islamic. Before a variety of prevailed religious opinions on the matter of female circumcision which entails in our minds several questions on the authentic reality of the practice, and to unfold the truth, it is necessary to start with dealing with each of those opinions on FGM.
464 Gomaa, A. (2007, August 6). Female circumcision retrieved from ahram newspaper
164
4.3.1. A mandatory practice in the name of religion
Proponents of the practice, who are often radical religious jurists, were adamant to consider the practice a religious obligation for all Muslim girls. For those defenders, they insist that the procedure is necessary since girls possess enormous sexual desires and therefore, they must be contained.465 Proponents of female circumcision advocate for the idea that female circumcision leads to “calming the eruption of lust” as described by some jurists. In defending their point of view, without providing any medical evidence on what they advocate, we find them explaining that a circumcised woman, for example, is more moderate in her intimate relation with her husband than the uncircumcised woman whom they describe as having excessive lust in her sexual intercourse. They added that girls who do not undergo circumcision in an early age grow up with an aggressive attitude in her teenage.466 They based their arguments, on three prophetic traditions hadiths, among them the one in which Prophet Muhammad, enjoined a female circumciser named Om
Attiya not to exaggerate in cutting the external genitals.467 In this mentioned hadith, the prophet was quoted saying “O Om Attiyah, when you do circumcise, restrict yourself to cut a minute part and do not excise. That will be far more pleasant for the wife and satisfying for the husband.”468 The second hadith highlights the importance of the process of abolition after the coitus by referring to the sexual intercourse as ‘the touching of the two circumcisions’. This led to the assumption that both female and male sexual organs are taken for granted to be circumcised. The third hadith, however, described the act of
465 Circumcision controls women’s sex common sense, A BBC interview with one of the advocates of FGM accessed at: http://www.bbc.com/news/av/world-africa-22958512/circumcision-controls-women-s-sex- common-sense-sheikh-yussef-al-badri 466 Hassan, A.M.A. (2011). The rule of circumcision in Islamic law and law and the opinion of medicine in it. Retrieved from https://www.iasj.net/iasj?func=fulltext&aId=47428 467 Jawad, H. (1998). The rights of women in Islam: An authentic approach. Springer. 468 ibid 165
circumcision as a “noble deed” for a Muslim woman. Berkey resumes the above- mentioned hadiths as follows:
“In the absence of an explicit Quranic statement, discussions of female
excision by the Islamic jurists began with those hadiths which deal
specifically with the issue. Generally, these traditions fall into one of three
categories, the first of which includes those enjoining ablutions after sex. The
second category includes a hadith in which Umm Atiya al-Ansariyya reports
that the prophet enjoined a khatina (female circumciser) in Medina: “Do not
destroy it completely … In the third category is an important tradition in the
Musnad of Ibn Hanbal (d.855), which described circumcision as Sunna for
men and a “noble deed” (makruma) for women, and which reappeared
frequently in later juristic literature.”469
Nonetheless, contrary to the above-mentioned opinions in favor of FGM, many questioned the validity of these ahadiths. Many scholars highlight that each of those is either considered poor on authenticity or is lacking the degree of authenticity as indicated by several Islamic scholar who stress that the chain of transmitters is not considered strong and were reported by unknown transmitters.470 Considering those ahadiths as weak is a decision affirmed by multiple scholars. This decision was taken after a serious of discussions held in Egypt inside al-Azhar University in Cairo in 1998 with the participation of Islamic scholars from 35 Muslim countries. This conclusion was adopted
469 Berkey, J. P. (1996). Circumcision circumscribed: Female excision and cultural accommodation in the medieval Near East. International Journal of Middle East Studies, 28(1), 19-38. http://www.jstor.org/stable/176113. 470 World Health Organization. (1996). Islamic ruling on male and female circumcision. Accessed at: https://apps.who.int/iris/handle/10665/119559 166
since no “unanimous consent on FGM/C” by jurists had been reached. There was no mention in the Holy Quran neither there was any citation in “Prophet Muhammad’s
Hadith containing any evidence of authentic isnad (chain of narration) that could justify a sharia provision” on the matter of FGM/C. Further, their decision was based on the fact that the principles of the Islamic Sharia, indicate that any act which has been proved to be harmful to humans’ health or morals should be prevented to avoid such harm. This principle was based on the sayings of prophet Muhammed “There should be neither harming nor reciprocating harm”. Hence, according to these principles, they rejected to accept FGM as a religious duty since it inflicts harm on girl’s body and since it is based on Hadiths that were not announced authentic.471 Further, it was said that in old ancient
Muslim communities the term son of the cutter of the clitoris was used as an expression of contempt to call a man as indicated some narrations.472
4.3.2 A custom with no religious basis
In discussion of female circumcision, from a religious point view, we find many written sources which present an opposite religious view on the matter. The opponents of FGM vigorously opposed the above-mentioned claim, arguing that FGM is a habit which clearly violates the Islamic principles. They rejected the adopted religious value given to
FGM and refused to assume it as a religious deed. They explained that this mutilation of the female body is contradictory to Islam and its teachings which prohibits any harm to the human body. For them, the procedure is a mere habit which “is not required by
471 Serour, G. I., & Ragab, A. (2013). Female Circumcision: Between the Incorrect Use of Science and the Misunderstood Doctrine. Retrieved from UNICEF website https://www.unicef.org/cbsc/files/Final_English_FGM_summary.pdf 472Berkey, J. P. (1996). Circumcision circumscribed: Female excision and cultural accommodation in the medieval Near East. International Journal of Middle East Studies, 28(1), 19-38. http://www.jstor.org/stable/176113. 167
Islam”473 In exploring some of the views of this group, we find, for instance, Amna
Nusseir, the former Dean of Faculty of Islamic Studies, Al-Azhar University, confirming that FGM is not a religious matter. In her Al Manzour al Islami Li Kadiyat Monahadit
Khitan Al Inas, for instance, she highlighted that it is often difficult to discuss female circumcision in isolation from the general conditions surrounded women and the cultural heritage of ancient civilizations such as the Greek, Romans and the Arabs during the
Jahiliya period. She adopted the view which Gomaa expressed in a previous section that women were besieged by injustice and humiliation till the advent of Islam. She explained that despite the clarity of the position of Islamic law from women, cultural legacies inherited from older times remained in control in matters related to women and moreover, the religious perspective is used to enforce those inherited legacies a matter which appears in FGM474 Nusseir then stressed on the same notion which other religious scholars tackled that Islam consider men and women as human beings who have rights and duties with no privilege based on the sex. And based her arguments on a qur’anic verse which say “O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted.”475
In providing her religious opinion on the matter of FGM, Amna Nusseir wrote that the clear truth of the aforementioned hadiths attributed to the Prophet Mohammed is that they do not have a single evidence of authenticity as concluded the views of some of the old and contemporaries scholars and specialists in the area of sources of Sunnah. Further, she added that in case of assuming the validity of the above-mentioned hadiths, the
473 United States Department of State. (2001). Egypt: Report on Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) Retrieved from www.refworld.org/docid/46d57876c.html 474 Nusseir, A. (2012). Islamic Perspective Against Female Genital Mutilation, National Council for Women Publications, Cairo 475 ibidem 168
prophet could have said that circumcision is sunnah and then it would have been a general legislation to which Muslims adhere. Nusseir concludes her ideas by asserting that circumcision in all forms which take place either in Egypt or in other parts of the world has nothing to do with religion and is totally rejected. She also elaborated her opinion by saying that the tendency of man and woman for sexual satisfaction is a natural demand and the role of religion in that case is not resistance of this nature, but its role is the organization of this satisfaction to be in the circle of Halal or what is religiously accepted.
In what she refers to be under a wedlock. She added that Islam respects women’s feelings and the Quran is keen that women get their legitimate right to sexual enjoyment and pleasure as men do and explained that the Quranic verse number (2:223) which speaks about this issue contained an indication to this right of women. Nusseir added that also the Sunnah included a reference to this matter on the importance of women’s sexual pleasure as mentioned in the prophetic hadiths which instruct a man to ensure his wife’s satisfaction during the sexual intercourse.476
For this, Nusseir believes that circumcision is one of the bad habits that was inherited from old ages which is totally rejected according to the divine law. Moreover, in her response to the claims that circumcision is necessary for maintaining chastity and purity of girls, she replied to those claims saying that Chastity preservation and the prevention of what God forbid among people, as she puts it, could not be guaranteed by mutilating a girl’s organs, but rather, they could be preserved by good education of morals. Further, FGM could be included under the ideology of changing God’s creation, according to Nusseir, a prohibited matter under Islamic Sharia. Therefore combating it is considered a religious obligation for every person who can.477 This fact is highlighted by
476 Nusseir, A. (2012). Islamic Perspective Against Female Genital Mutilation, National Council for Women Publications, Cairo 477 ibidem 169
Hussein A. Gezairy who wrote that “God created human beings in the best mold and wanted them to keep the nature in which they were created, forbidding them to make any changes in God’s creation. Such a change, as God makes clear, would be an atrocity inspired by devil.”478
To further explain the views of several Muslim jurists who were involved in clarifying the relation of FGM to Islam, the former Grand Mufti of Al Azhar Sheikh Ali
Gomaa issued fatwas declaring female circumcision as a matter “not required by
Islam”.479 In 2007, Gomaa announcing FGM/C to be a social custom and even a disaster that affects girls and further insisted that such tradition has no religious basis. This fatwa has been reflected also through a declaration issued by Al-Azhar Supreme Council of
Islamic Research, the highest religious authority inside Egypt. In a statement, it announced that this practice “has no basis in core Islamic law or any of its partial provisions and explained that it is harmful and should not be practiced.”480 Moreover, recently, Dar Alifta in several occasions confirmed this previous opinion which rejected the notion that FGM is a religious deed. In one of its press release 2016, Dar Alifta described the practice as an issue performed “due to customs, traditions and popular legacies” highlighting that the evidence that circumcision is not obligatory for women is that the Prophet did not circumcise his daughters.481 Further, in 2019 Dar Alifta reaffirmed its previous opinion which had stated that female circumcision is only a
478 World Health Organization, Regional Office for the Eastern Mediterranean. (1996). Islamic ruling on male and female circumcision. Retrieved from https://apps.who.int/iris/handle/10665/119559 479 United States Department of State. (2001). Egypt: Report on Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) Retrieved from www.refworld.org/docid/46d57876c.html 480 UNICEF. (2007). Fresh progress toward the elimination of female genital mutilation and cutting in Egypt. News Release. 481 Dar Al Iftaa (2016). Female genital mutilation is against Sharia and law. Retrieved from https://www.dar-alifta.org/AR/Viewstatement.aspx?sec=media&ID=4006 170
custom and criticized those who promote this harmful habit in the name of religion emphasizing the sanctity of FGM and considering it an assault on women 482
To conclude, FGM is not required by Islam, a conclusion has been reached by the majority of Muslim scholars who agreed that “female circumcision is neither required nor is it an obligation nor a Sunna.”483 Moreover, there is some evidence that Islam instructed each husband to satisfy his wife sexually and to treat her in a dignified manner. Yet, it has been associated with Islam and performed on women in an attempt of controlling women’s sexuality by limiting their sex drive or, more precisely, by limiting the physical pleasure which they can receive from sexual intercourse”484 Islam did not request women’s control of sexuality in such kind of practices, but rather dictated norms to be followed to both male and female, Islam is a religion of justice, that recognized and organized women’s rights in the verses of Quran and the hadiths of prophet Muhammed before the appearance of human rights organizations and international agreements on women’s rights. However, the real cause of such situation lies, as noted in the previous chapter, in the inequality and the relation of power that exists between men and women as a result of gender stereotypes. FGM persists in the society due to social construction of gender and stereotypes which reproduce a system of male-domination and female- exploitation in which illiteracy plays a great role in keeping with this system.
We could link the matter to western explication of the relation between men and women to get a better insight. In that light, Western theory of Patriarchy which govern male/female relations is linked to the conviction that women’s biology is the main
482 Dar Al Iftaa (2019). On the International Day for the Rejection of Female Genital Mutilation .. Dar Al Iftaa affirms the sanctity of circumcision and considers it an attack on women. Retrieved from https://www.dar-alifta.org/ar/Viewstatement.aspx?sec=media&ID=6316 483 World Health Organization. (1996). Islamic ruling on male and female circumcision. Retrieved from https://apps.who.int/iris/handle/10665/119559 484Berkey, J. P. (1996). Circumcision circumscribed: Female excision and cultural accommodation in the medieval Near East. International Journal of Middle East Studies, 28(1), 19-38. http://www.jstor.org/stable/176113. 171
justification of their subordination to men.485 But why does this concept of inequality exist and why do women are often subordinated and victims of violence? This question occupied the thinking of many feminists and academic social scientists who questioned the reasons of such inequality between men and women. On this subject Sherry Ortner, for instance, in examining the secondary status of women provided us with an explanation of that situation. She highlighted that since women were regarded as inferior to men in every culture, it was mistakenly assumed, that female inferiority was a result of the
“biological determinism” in which men were considered the “naturally dominant sex”.
Nonetheless, Ortner rejected such “genetic determinism” and refuted women’s inferiority on biological reasons. In rejecting values attributed to male superiority versus female inferiority, Ortner provided us with a possible explanation of “the universal fact of female devaluation”. According to her point of view, a woman as a result of “natural procreative functions” in her body was often associated with nature which was always regarded inferior to culture. She elaborated such idea as follows:
“Woman could be accounted for, quite simply, by postulating that woman is
being identified with, or symbolically associated with, nature, as opposed to
man, who is identified with culture. Since it is always culture’s project to
subsume and transcend nature, if woman is a part of nature, then culture
would find it “natural” to subordinate, not to say oppress, her. While this
argument could be shown to have considerable force, it also seems to over-
simplify the case. The formulation I would like to defend and elaborate on,
then, is that women are seen “merely” as being closer to nature than men.”486
485 Lerner, G., & Tusell, M. (1990). La creación del patriarcado (pp. 34-36). Barcelona: Crítica. 486 Ortner, S. B. (1972). Is female to male as nature is to culture? Feminist studies, 1(2), 5-31. 172
This notion regarding woman’s body, as admits Ortner, “has been anticipated” before by de Beauvoir’s argument that a woman was always placed in a “stigmatized state” in society where her activities was restricted due to her physiology. It was, therefore, assumed that a woman’s body which link her to nature and her reproductive functions that reproduce perishable human beings were placed in contrast with men who create “relatively lasting, eternal, transcendent objects”. However, Ortner explains that women might seem closer to nature because of her physiological functions, she asserts that “women cannot be consigned fully to the category of nature” as she is a human being with consciousness exactly like a man. Ortner stressed that women’s appearance to be closer to nature is a cultural product and not a ‘given nature’ and insisted that both men and woman have consciousness.487 The idea of female inferiority based on the female sex provides us with a perfect example of how Social construction of gender, and not the biological sex, as highlights Henrietta Moore, associate features of superiority or power to men and inferiority or weakness to women.488 It has been highlighted that women´s oppression has been attributed to society and not biology nor to the physiological differences between men and women. The cultural construction of masculinity and femininity consider a man as a subject and agent of society, while a woman as an object or other.489 Therefore, human activities are to be measured according to male members of society in which all aspects attributed to maleness are to be the measuring scale.490
Cultural construction of gender uses notions of femaleness and maleness related to the biological sex to justify women’s inferiority and to treat a man as if “he belongs to a
487 ibid 488 Moore, H. (1991). Antropología y feminismo. Madrid: Cátedra.p.28 489 Edwards, A. (1987). Male violence in feminist theory: An analysis of the changing conceptions of sex/gender violence and male dominance. In Women, violence and social control (pp. 13-29). Palgrave Macmillan, London.p16 490 López Mora, F. (2003). Violencia, género e historia. Claves conceptuales y canteras documentales. 173
species which is superior to that of the female.”491 As a result, a continuous system of gender inequality exists in male/female relations which is based in male power and results in violence. For this, women have been and still are victims of certain types of violence, namely those forms based on gender basis. All forms of violence serve a specific purpose, that of protecting and maintaining an old age powerful system which govern male and female relations. This hierarchical system named by feminists as ‘patriarchal system’ plays a main role in turning women into second class citizens dominated and controlled by the power of the male members of either social, political or economic organizations.
It divides human beings since their birth into two symbolically binary poles; superior and inferior. On the masculine pole, men are always associated with positive values such as force, speed, courage and rationality. On the feminine pole, on the contrary, women are associated with inferior aspects comparing to those of men. They are educated through a long process of socialization through which they are instructed that their role is to satisfy men from whom they receive their true value. As a result of such ideology, violence is used as an extremely powerful tool to keep with the male domination over women and control their bodies in order to achieve this purpose that of fulfilling men’s desire in being cared for emotionally, materially or sexually by women. This reflects the fact why women´s body has been used under men’s authority and for men’s desires as an object which reflects male´s power and women´s subordination. For this it has been used in different parts of the world in prostitution purposes, as a weapon of war, as a source of men’s honor or for men’s sexual satisfaction. Such male satisfaction of female bodies is reflected in numerous practices such as -naming only some- sexual aggressions, female genital mutilations, sexual violence in a marital relation, or prostitution.492
491 El Saadawi, N. (2007). The hidden face of eve: Women in the arab world Zed Books. p19 492Nogueiras García, B. (2011). Feminismo y violencia contra las mujeres por razón de género. Perspectivas de la violencia de género. Madrid: Grupo, 5, 31-45. 174
Conclusion
El análisis en esta tesis ha demostrado al lector cómo las mujeres egipcias habían pasado por varias transformaciones desde su aislamiento dentro de los espacios domésticos hasta lograr la emancipación gradual de la situación en la que vivían. A través de su feminismo, se convirtieron en actores activos para exigir sus propios derechos y abrieron la puerta a las generaciones futuras para rechazar las injusticias o la violencia social. Como se ve en el capítulo uno, el movimiento intelectual en Europa, que comenzó desde finales del siglo
XVII hasta finales del siglo XVIII, se centró en el derecho individual en el pensamiento racional, pero excluyó a las mujeres. Esas teorías occidentales sobre las mujeres se centraron en la idea de que las mujeres eran consideradas como seres humanos menores que carecían de la capacidad de pensamiento racional. Consideraban que el papel de una mujer solo se limitaba a la esfera privada o doméstica, donde se convertía en una buena compañera de su marido. Las ideas de esos intelectuales sobre las mujeres impulsaron el surgimiento de feministas prominentes que rechazaron la noción común de su tiempo con respecto a las mujeres y expresaron este rechazo en sus escritos o en los salones intelectuales donde se debatieron cuestiones importantes.
Tal debate polémico que se había extendido en diferentes países europeos tuvo su influencia en la situación de las mujeres, que se mejoró en los años siguientes. También influyó en intelectuales de otras naciones cuyos estudiantes fueron enviados en misiones educativas para adquirir nuevas ciencias y tecnologías modernas. De hecho, fue la influencia de la modernización occidental del siglo XIX en aquellos estudiantes lo que sentó las bases para el movimiento Nahda o el movimiento del Despertar árabe. Los intelectuales de la Nahda admiraban a las mujeres europeas, y en particular a las francesas que vieron en París, que gozaban de libertad de expresión y participaban en la vida
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pública. Por lo tanto, abogaron por ideas innovadoras dentro de la sociedad egipcia sobre las mujeres y la importancia de su educación. Pidieron la verdadera comprensión del islam y las interpretaciones de los textos religiosos. Esto fue por la creencia de que el islam es compatible con la modernización y la adquisición de aprendizajes. Su objetivo era combatir las supersticiones y las costumbres sociales que conducen al atraso de la nación.
Entre las ideas de esos reformadores estaba la noción de que la mejora de la sociedad debería comenzar por la reforma social de los ciudadanos, incluidas las mujeres.
Por lo tanto, su discurso se centró en la necesidad de la educación y el trabajo para las mujeres y en la necesidad de reformar el concepto de matrimonio para que se base en el respeto mutuo. Además, su discurso sobre la modernidad difundida durante el siglo XIX incluyó los llamamientos a la abolición de la práctica del velo, que está relacionado con el aislamiento y la segregación de las mujeres. Aunque esos llamados a la mejora de las mujeres dentro de la sociedad egipcia provocaron muchas críticas, sin embargo, allanaron el camino para el surgimiento del feminismo temprano en Egipto. Influenciadas por esas ideas, además de experimentar varias barreras sociales impuestas por sexo, las mujeres dentro de la sociedad egipcia comenzaron a expresar sus opiniones sobre varias injusticias sociales en poemas y escritos. Articulaban una ideología que rechazaba la cultura dominante de aquellos años que privilegiaba a los hombres sobre las mujeres. A principios del 20, las feministas egipcias comenzaron a reivindicar sus derechos y pidieron la educación femenina y la incorporación a las ocupaciones profesionales en imágenes iguales con los miembros masculinos de la sociedad. Adoptaron la opinión de que los hombres malinterpretaron los textos religiosos del Corán que no incluían ningún texto que prohibiera a las mujeres la educación o el trabajo. Además, criticaron el velo de
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su tiempo que restringía la incorporación de las mujeres en el espacio público y pidieron la restricción de la práctica de la poligamia.
Con las transformaciones políticas que tuvieron lugar dentro de Egipto bajo la ocupación británica y el surgimiento del sentido del nacionalismo que unió a hombres y mujeres en sus demandas de independencia, la participación de las mujeres en la vida pública marcó un punto de inflexión. Como se muestra en el capítulo, los acontecimientos de 1919 plantearon la cuestión de la feminidad y la domesticidad femenina. Las mujeres ya no estaban restringidas a la reclusión después de participar en los eventos nacionales junto con miembros masculinos de la sociedad. Así, tras la privación de los derechos políticos inscritos en la nueva constitución de 1923, ya que de acuerdo con la nueva constitución la ley electoral estaba restringida a los hombres, las mujeres incluyeron el derecho a votar sobre sus demandas feministas. Las primeras feministas también crearon su unión feminista donde incluyeron en su agenda la lucha contra la prostitución, modificando las leyes que regulan el matrimonio y las relativas al divorcio y la custodia de los hijos. Como resultado de todos esos esfuerzos, lograron varios avances, como la distinción del velo, el aumento de la edad de matrimonio de las niñas hasta los 16 años, la admisión de niñas en las universidades y la prohibición de la prostitución. El más importante de los cuales fue el vínculo de la feminista egipcia con el feminismo internacional.
Como se muestra en el Capítulo 2, la educación femenina aumentó durante los años de Nasser y a las mujeres se les garantizó trabajo en el sector gubernamental. Sin embargo, la búsqueda del sufragio femenino siguió siendo un tema de ocupación para algunas feministas durante los primeros años del régimen de Nasser hasta que el derecho al sufragio salió victorioso en 1956, cuando las mujeres egipcias finalmente obtuvieron el derecho al voto. Con la adopción de una nueva constitución en 1956, los principios de
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igualdad se establecieron claramente por primera vez. Por lo tanto, a las mujeres se les otorgó el derecho a votar y se las aceptó para ocupar altos cargos dentro del país. A pesar de esos logros dentro del dominio público, el estado de la mujer dentro de la familia siguió afectado por la Ley del estado personal que era una cuestión de ocupación durante los años 70. Durante esos años, Egipto se unió a la comunidad internacional en cuestiones relacionadas con el género, como se vio en la participación en la Conferencia Mundial de la ONU sobre la mujer celebrada en México en 1975. Después de la conferencia, los temas de género se incluyeron en la agenda de Sadat para la reforma social. Sin embargo, la enmienda que hizo a la ley del estado personal provocó la ira de las fuerzas conservadoras dentro de la sociedad.
El feminismo estatal a partir de los años 80 logró garantizar algunos logros legales para las mujeres. fue durante ese tiempo que Egipto firmó muchos tratados internacionales de derechos humanos sobre mujeres. La más importante fue la
Convención sobre la eliminación de todas las formas de discriminación contra la mujer
(CEDAW) ratificada en 1981. También Egipto ratificó la Convención sobre los Derechos del Niño en 1990. Además, uno de los logros más importantes del feminismo es el establecimiento del Consejo Nacional de Mujeres en 2000, que había trabajado desde entonces para mejorar la situación de las mujeres. Había sido responsable de sugerir, revisar las políticas públicas del estado para asegurar su exclusión de cualquier discriminación contra la mujer. Entre ellos se encontraban las enmiendas hechas sobre la custodia de los hijos, la elevación de la edad del matrimonio de las niñas a 18 años en lugar de 16, y la criminalización de la conocida práctica de la mutilación genital femenina que constituye violencia contra las mujeres. Paradójicamente, durante el régimen de
Mubarak, y a pesar de todos los logros a nivel legal para beneficiar a las mujeres, era evidente que, esos esfuerzos tuvieron poca influencia en la lucha contra la violencia. La
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violencia contra las mujeres, como consecuencia, se extendió en las calles y las mutilaciones genitales femeninas continuaron clandestinamente. La disminución de los estándares educativos y morales prevaleció dentro de la sociedad durante la última década del gobierno de Mubarak, afectó a las mujeres que se convirtieron en víctimas de varios tipos de violencia y abuso sexual. Se hizo evidente que el cuerpo femenino se convirtió en un sujeto de violencia. Sin embargo, la violencia seguía siendo un tema tabú.
Como se vio, el deterioro de las condiciones económicas y la propagación de la corrupción durante la primera década del siglo XXI provocaron la ruptura de la
Revolución del 25 de enero, que incluía a hombres y mujeres. Las mujeres participaron en las manifestaciones pidiendo mejores oportunidades y condiciones sociales. Después de las elecciones presidenciales de 2012, y el ascenso del grupo de la Hermandad
Musulmana a la presidencia con su pensamiento extremista sobre las mujeres, las mujeres estuvieron a punto de perder sus logros históricos. Estaba claro que la hermandad musulmana apuntaba a desterrar a las mujeres y privarlas de muchos derechos. Este asunto se manifestó a través de su ataque directo a la Convención sobre la eliminación de todas las formas de discriminación contra la mujer. No solo esto, sino que atacaron el
Consejo Nacional de Mujeres y pidieron su disolución y criticaron las enmiendas legislativas que habían brindado a las mujeres más protección. Todos esos llamados contra los derechos de las mujeres se intensificaron aún más por sus llamados a revivir la práctica de la mutilación genital femenina que estaba prohibida en décadas anteriores de su gobierno. La Hermandad Musulmana utilizó un discurso religioso para violar el cuerpo femenino al vincular la práctica con la noción de la fe religiosa de una niña. Antes de que
Morsi fuera destituido del poder en julio de 2013, a las mujeres les preocupaba que ese grupo las devolviera a años de ignorancia y subyugación. El período difícil que siguió a la revolución rompió por primera vez muchas barreras sobre temas tabú con respecto al
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cuerpo femenino. Se hizo evidente que el tema de la violencia ya no se podía ocultar del debate público.
A pesar de que la violencia en todas sus formas representa una violación del cuerpo humano, como se vio en el capítulo 3, la preocupación de mi tesis se dirige a la práctica de la mutilación genital femenina. Como se vio en el capítulo 3, la mutilación genital femenina es un tipo de violencia, ya que viola el derecho de las mujeres a mantener un cuerpo sano. La mutilación genital femenina conduce a una amplia gama de resultados adversos persistentes ya sea física o psicológicamente. Como consecuencia, contraviene la declaración internacional de los derechos humanos y el derecho del niño. Como se ve en el capítulo, la práctica a menudo es defendida por hombres y mujeres miembros de la sociedad. Como vemos por las razones dadas para justificar la continuación de la mutilación genital femenina, las concepciones sociales de la feminidad ocupan una gran parte. La construcción de una identidad femenina adecuada para hacer frente a los estándares de la sociedad hace que las familias utilicen este tipo de violencia contra sus hijas. Los que abogan por la idea de que una mujer no es responsable de su propio honor vinculado al honor de la familia articulan un discurso patriarcal que coloca a las mujeres en una posición inferior. A menudo se percibe a las niñas como no lo suficientemente responsables de proteger su virginidad, un asunto relacionado con el honor de su familia.
Por esta razón, esas familias hacen cumplir todas las medidas posibles para controlar el cuerpo femenino y preservar la virginidad de una niña. Al hacerlo, usan la religión para justificar sus decisiones.
Como se vio en el capítulo 4, traté de demostrar que el Islam o la religión no eran responsables de la situación de discriminación o estado de violencia en todos los aspectos de la vida de la mujer. Pero que el uso radical de la interpretación de los textos religiosos fue la verdadera causa de la violencia sufrida por las mujeres. Cuando consideré el asunto,
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y después de investigar los derechos otorgados a las mujeres por el Islam al leer los versos del Corán y las opiniones religiosas sobre varios temas, incluido el tema de la mutilación genital femenina, salí con un resultado que es la subordinación de las mujeres y sus posición significaba que los pensamientos patriarcales se construyen socialmente, me di cuenta de que en el Sagrado Corán, las mujeres no son tratadas de manera inferior, por el contrario, fueron mencionadas de manera digna.
Como se demostró al lector, el Islam trató a las mujeres de manera digna y les otorgó los a las mujeres derechos no mencionados antes del avance del Islam. Varios derechos otorgados a las mujeres en los últimos años, como resultado del activismo feminista, siempre han sido inscritos por la religión, sin embargo, han sido oscurecidos o perdidos debido a interpretaciones estrictas o engañosas de la religión por parte de algún segmento de la sociedad. Por esto, creo que las nociones sobre las mujeres y sus derechos en el Islam son el resultado de la falta de una verdadera comprensión de la religión islámica y las enseñanzas del Corán. El asunto que engaña a muchas personas y las hace participar en la reproducción de estereotipos sociales sobre las mujeres justificadas por musulmanes conservadores que defienden la idea de que las mujeres deben ser tratadas en un estado inferior al de los hombres, ya que en sus opiniones es un orden religioso natural. En muchos casos, algunos segmentos de la sociedad interpretan erróneamente la religión utilizando hadices poco auténticos, como los citados anteriormente en la MGF que reproducen prácticas violentas. Si tratamos con el Islam y entendemos los versos coránicos, así como los hadices del profeta Mahoma de una manera verdadera y auténtica, descubrimos que el Islam es una religión de justicia que trata a las mujeres y a los hombres como seres humanos iguales, independientemente de su sexo y que el Las prácticas sociales generalizadas que prevalecen entre las sociedades islámicas a menudo se malinterpretan y se ajustan a las religiones islámicas.
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Las transformaciones que han tenido lugar dentro de la sociedad egipcia desde el siglo XIX hasta la actualidad tuvieron un gran impacto en la situación actual de las mujeres. Al igual que las mujeres occidentales, que reafirmaron los derechos de las mujeres e incluyeron el tema de la lucha contra la violencia en su demanda, el feminismo egipcio logró incluir la violencia en el discurso público. Podemos decir que el feminismo egipcio reivindicó los derechos de las mujeres en el marco del respeto a la religión. El feminismo egipcio reclama los derechos de las mujeres al basar sus argumentos en un discurso religioso. Su lucha contra la mutilación genital femenina, como podemos ver, incluyó un discurso religioso basado en opiniones de la institución religiosa oficial de al
Azhar y jeques religiosos que adoptan una visión moderada del Islam.
La lucha contra la mutilación genital femenina se puede lograr en general mediante esfuerzos sostenidos de todas las organizaciones gubernamentales y no gubernamentales.
Sin embargo, creo que este objetivo puede lograrse principalmente a través de la educación, ya que el analfabetismo juega un papel importante en la situación de las mujeres. El analfabetismo y la ignorancia aumentan la discriminación de las mujeres y allanan el camino para regenerar viejos conceptos erróneos sobre el cuerpo. Además, La falta de información correcta sobre los derechos sexuales y reproductivos entre las jóvenes y sus madres analfabetas allana el camino para reproducir estereotipos erróneos sobre la sexualidad. Por lo tanto, dicha situación podría resolverse mediante la educación y, en particular, la conciencia sobre su sexualidad, que es el método más eficaz que se utilizará.
La educación de las mujeres, así como el conocimiento de los padres sobre la información médica sobre la naturaleza reproductiva y sexual, son fundamentales para rechazar cualquier práctica dañina. Además, la educación permitiría a las mujeres la comprensión de las auténticas interpretaciones religiosas sobre su estatus en el Islam, lo
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que les permitiría refutar cualquier costumbre social discriminatoria vinculada al Islam.
Volver a la comprensión plena y auténtica de la religión sin escuchar opiniones radicales sobre las mujeres ayudaría a rechazar la mutilación genital femenina. La preservación de la castidad no podría lograrse mediante la violencia o afectando al cuerpo humano con el pretexto de preservar la virginidad. Por lo tanto, liberar a las mujeres a través de educarlas e iluminarlas combate el Patriarcado. Al hacer esto, no tiene la intención de negar el papel de la religión en la vida de las personas y las mujeres, sino solo rechazar la interpretación errónea de la religión defendida por algunos para justificar el dominio de los hombres sobre las mujeres.
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Videos Consulted on FGM
1. Interview with Sheikh Ali Gomaa on his religious opinion on FGM. Video dated 24 February 2009. Retrieved from: https://www.youtube.com/watch?v=I10_6ioD6Xs&feature=youtu.be
2. Another interview by Sheikh Ali Gomaa on female circumcision. Video dated 6 January 2015. Retrieved from: https://youtu.be/TSIh2DbXXdc
3. A speech by Sheikh Muhamad Said Tantawi on FGM and the equality between men and women. Retrieved from https://youtu.be/zUP0QiELGXs
4. Speech by Sheikh Muhamad Mutawaliy Alshaerawi on FGM. Retrieved from https://youtu.be/SLUMOqsdf_A
5. An interview with Sheikh Salim Abdaljalil on female circumcision. Retrieved from https://youtu.be/FnP-a1CGznA
6. An interview with sheikh Ahmad karimieh on female circumcision. Retrieved from https://youtu.be/kMnJQOpmtVo
7. An interview with Sheikh Saad Al Hilaly. Video dated 8 September 2017. 198
Retrieved from https://youtu.be/gmGNSi56PL0
8. A UNDP video including different opinions of Egyptians on FGM. The video is provided by English subtitles. Retrieved from: https://www.youtube.com/watch?v=Om5i8JYyyIM#action=share
9. Report on the suffering of the victim of female circumcision, A victim of FGM retelling her experience with the operation https://youtu.be/WLpeLYmbtS0
10. Interview on the CBC TV channel with victims of FGM https://youtu.be/MyoJxNDKSgs
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Appendix
Appendix
Prohibiting Medical personnel from performing FGM
Ministry of Health and Population Decision No. 271 of 2007
Minister of Health and Population, after reviewing Law No. 415 of 1954 on practicing the medical profession and Law No. 51 of 1981 regulating medical establishments, the Presidential Decree No.
242 of 1996 regulating the Ministry of Health and Population and Ministerial Decree No. 261 of
1996 banning female genital mutilation decided:
Article 1:
Doctors, nurses or any other person are prohibited from performing any cuts, adjustments or modifications to any normal part of the female reproductive system (circumcision) whether in this occurs in public or non-governmental hospitals or other places. Conducting such an operation by any of those above mentioned is contrary to the laws and regulations governing the practice of medicine.
Article 2:
This decision shall be published in the Egyptian Newspapers and shall come into force the day following the date of its publication
Source: sout alomma Newspaper. ﺺﻧ - راﺮﻗ - زو ﯾ ﺮ - ﺔﺤﺼﻟا - ﻊﻨﻤﺑ - ﺘﺧ نﺎ -/Retrieved from http://www.soutalomma.com/Article/553420 ا ﻧﻹ ثﺎ - تﺎﯿﻔﺸﺘﺴﻤﻟﺎﺑ - ﺔﻣﺎﻌﻟا - او ﺔﺻﺎﺨﻟا
200
Appendix
Sexual Harassment Act
Official Gazette- Number 23. June 5, 2014 Decision of the President of the Arab Republic of Egypt by Law No. 50 of 2014 Amending some provisions of the Penal Code promulgated by Law No. 58 of 1937 Interim President of the Republic Having considered the Interim Constitution of January 18, 2014; And the Penal Code; The Code of Criminal Procedure; Law No. 10 of 1961 on combating prostitution; And after the Council of Ministers' agreement; Based on the opinion of the State Council; The following law was decided: (Article 1) Article 1 of the Penal Code promulgated by Law No. 58 of 1937 shall be replaced by the following text: Article 306 bis (a):Shall be punished by imprisonment for a period not less than six months and a fine not less than three thousand pounds and not more than five thousand pounds or shall be punished by either of these two penalties, any person who commit in a public, private or hammered place any sexual or pornographic suggestion, suggestion, or suggestion, whether by reference, speech or by any means, including by means of telecommunications or wireless communications. The penalty shall be imprisonment for a period not less than one year and a fine of not less than five thousand pounds and not more than ten thousand pounds, or either one of these two penalties if the act is repeated by the perpetrator through prosecution and tracking of the victim. In case of recidivism, the penalties of imprisonment and fines shall be doubled to the minimum and maximum. (Article 2) A new article 306 bis shall be added to the Penal Code referred to as follows: The offence set force in Article 306 bis (a) of this Law Shall be considered as sexual harassment if committed with the intent of obtaining the benefit of the victim of a sexual nature. The offender shall be punished by imprisonment for a period not less than one year and a fine of not less than ten thousand pounds and not more than twenty thousand pounds, or either of these two penalties. If the offender is one of those stipulated in the second paragraph of Article (267) of this law, or he has a functional, family or educational authority over the victim or exerted any pressure that the circumstance allows him to exert on him or the crime was committed by two or more persons, or at least one of them was Carrying a weapon The penalty shall be imprisonment for a period not less than two years and not exceeding five years and a fine of not less than twenty thousand pounds and not more than fifty thousand pounds. (Article 3) This Decree shall be published by law in the Official Gazette and shall come into force on the day following its publication. Issued at the Presidency of the Republic on 7 Sha'ban 1435 AH (Corresponding to 5 June 2014).
Note: Translation is mine. The original text of the law in Arabic is accessed from http://www.cc.gov.eg/Images/L/290067.pdf
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Appendix
Law No 78 on Female Genital Mutilation
Law No. 78 of 2016 on Amending the Penal Code (Female Genital Mutilation) Official Gazette No. 38 bis (c) dated 26/9/2016 The House of Representatives decided the following law, which we have issued:
Article 1
Article 242 (bis) of the Penal Code replaces the following text: Article (242) bis: Subject to the provisions of Article (61) of the Penal Code, and without prejudice to any more severe punishment provided for in another law, any person who commits a female genital mutilation- by removing any of the external genitalia in whole or in part or to inflict injury to those organs without medical justification- shall be punished with a term of not less than five years and not exceeding seven years. The penalty shall be aggravated imprisonment if such act results in permanent disability or if that act leads to death. (Article 2)
Article (242) bis (a) shall be added to the Penal Code, which reads as follows: Article 242 bis (a): Anyone who has requested female circumcision for a female, and circumcision has been performed at his request- shall be punished by imprisonment for a period not less than one year and not exceeding three years, as provided for in article 242 bis of this law. (Article 3)
This Law shall be published in the Official Gazette and shall come into force on the day following the date of its publication. This law shall be stamped with the seal of the state and enforced as one of its laws. Issued by the Presidency of the Republic on 23 Dhu al-Hijjah year 1437 AH Corresponding 25 September 2016.
Source: The law is in Arabic and the translation is mine. For the original text of the law see Source http://www.cc.gov.eg/Images/L/372254.pdf
202
Appendix
Several Organizations working to combat FGM
Assiut Childhood and Development Association. http://acdaegypt.com/
Amnesty International http://www.amnesty.org/
Center for Egyptian Women Legal Assistance (CEWLA). Accessed at: http://www.cewla.org/
Coptic Evangelical Organization for Social Services (CEOSS). http://en.ceoss-eg.org
Africa Regional Sexuality Resource Center http://www.arsrc.org/
Center for Reproductive Rights http://www.reproductiverights.org/arabic_aboutus.html
Coalition for Sexual and Bodily Rights in Muslim Societies (CSBR) http://www.wwhr.org/musluman_toplumlarda_dayanisma_agi.php
Coptic Orphans http://www.copticorphans.org/index.htm
Care International. http://www.care.org/careswork/projects/EGY055.asp http://www.care.org.eg/
Egyptian Center for Women’s Rights. Accessed at: http://www.ecwronline.org/english/index.htm
Equality Now http://www.equalitynow.org/english/campaigns/fgm/fgm-campaign_en.html
PATH http://www.path.org
UNIFEM. http://www.unifem.org/
203
Appendix
Cartoon depicting child marriages and Female Genital Mutilation
Source: Egyptian Independent accessed on 5 August 2017 at: http://www.egyptindependent.com/international-women-s-day-egyptian- cartoonist-sheds-light-10-discriminatory-laws-against-women/
204
Appendix no.6:
News published in Egyptian newspapers on victims of FGM
Source: almisri alyawm Newspapers
https://today.almasryalyoum.com/article2.aspx?ArticleID=65684&IssueID=713
205
Appendix A Medical center in Egypt where FGM took place illegally.
Source: almisri alyawm Newspapers
Accessed at: https://www.almasryalyoum.com/news/details/1412077
206
Appendix.:
Egyptian and International Organizations combating FGM
Assiut Childhood and Development Association http://acdaegypt.com/ Center for Egyptian Women Legal Assistance (CEWLA) http://www.cewla.org/ Egyptian Center for Women’s Rights http://www.ecwronline.org/english/index.htm National Council for Childhood and Motherhood http://www.nccm.org.eg/ Plan Egypt http://plan-international.org/where-we-work Population Council http://www.popcouncil.org/rh/fgc.html Save the Children http://www.savethechildren.org/ UNIFEM http://www.unifem.org/ The Center for Development and Population Activities (CEDPA) http://www.cedpa.org/section/wherewework/egypt Population Council http://www.popcpuncil.org/rh/fgc.html UNICEF http://www.unicef.org/egypt/protection148.htlm Care International http://www.care.org/careswork/projects/EGY055.asp http://www.care.org.eg/ Population Council http://www.popcouncil.org/topics/fgmc.asp TARGET http://www.target-human-rights.com/HP-09_filme/index.php United Nations Development Programme http://www.undp.org.eg/ UNFPA http://www.unfpa.org/public/site/global/search-results?q=FGM%20Egypt
207
Appendix
Prevalence of FGM in the 1995 EDHS
Percentage of women who have been circumcised and the percentage of those who support the continuation of FGM according to the 1995 EDHS
Background Percentage of. Percentage of Number Characteristic circumcised women supporting. of women. the practice Women
Age 15-19 98.1 84.8 673 20-24 98.3 83.9 2,136 25-29 97.0 81.6 2,749 30-34 95.8 79.2 2,605 35-39 96.7 81.3 2,573 40-44 97.2 80.8 2,059 45-49 96.8 82.1 1,984 Urban- rural residence. Urban 94.0 70.3 6,809 Rural 99.5 91.2 7,970 Place of residence Urban governments 92.7 66.4 3,312 Lower Egypt 98.9 86.9 6,207 Urban 96.7 75.1 1,830 Rural 99.8 91.8 4,377 Upper Egypt 98.6 85.5 5,125 Urban 94.2 73.1 1,583 Rural 99.6 91.6 3,543 Frontier governments 75.4 60.7 135 Mothers’ education No education 99.4 93.1 6,464 Some primary 99.8 89.2 2,908 Primary through secondary 97.7 76.7 1,923 Completed secondary/higher 89.6 56.5 3,483 Work Status Working for cash 92.8 65.3 2,312 Not working for cash 97.7 84.6 12,467
Total 97.0 81.6 14,779
Source: EI-Zanaty, Fatma, Enas M. Hussein, Gihan A. Shawky, Ann A. Way, and Sunita Kishor. 1996. Egypt Demographic and Health Survey 1995. Calverton, Maryland [USA]: National Population Council [Egypt] and Macro International Inc.
208
Appendix
An Arabic article published, in the official newspaper aharam in 2007, by the Grand
Mufti of Al-Azhar on FGM
ﺘﺧ نﺎ ﻧﻹا ثﺎ ﻢﻠﻘﺑ : د. ﻲﻠﻋ ﺔﻌﻤﺟ ﻔﻣ ﻲﺘ ا ﺔﯾرﻮﮭﻤﺠﻟ ﻦﻈﯾ ﺜﻛ ﺮﯿ ﻦﻣ ا ﻟ ﻨ سﺎ نأ ﺔﯿﻀﻗ ﺘﺧ نﺎ ﻧﻹا ثﺎ ﺔﯿﻀﻗ ةﺪﯾﺪﺟ أ ﺛ تﺮﯿ ﻲﻓ أ ﯾ ﻨﻣﺎ ﺎ هﺬھ , ﻢﮭﻀﻌﺑو ﻲﻋﺪﯾ أ ﺎﮭﻧ ﺪﻗ أ ﺛ تﺮﯿ ﺪﻌﺑ ﺮﻤﺗﺆﻣ ا ﻜﺴﻟ نﺎ نﺎ ﻜﺴﻟ ةﺮھﺎﻘﻟﺎﺑ , ﺮﻣﻷاو ﻟ ﺲﯿ ﻚﻟﺬﻛ , ﺘﺨﻓ نﺎ ﻧﻹا ثﺎ أ ﺛ هرﺎ ا ﺦﯿﺸﻟ ﺪﯿﺷر ﺎﺿر ﻲﻓ ﻠﺠﻣ ﮫﺘ ا ﻨﻤﻟ رﺎ ﻲﻓ ﺔﻨﺳ 1904 م, ﺚﯿﺣ لﺄﺳ ا ﻟ ﻨ سﺎ ﯿﺣ ﻨ ﺌ ﺬ ﻦﻋ ﻦﻋ ﺬ ﺌ ﻨ ﯿﺣ سﺎ ﻨ ﻟ ا لﺄﺳ ﺚﯿﺣ بﻮﺟو ا ﻟ ﺨ ﺘ ﺎ ن , ﺐﺘﻜﯿﻓ ﺖﺤﺗ ناﻮﻨﻋ بﻮﺟو نﺎﺘﺨﻟا وأ ﮫﺘﯿﻨﺳ لﺎﻗ ﻦﺑا رﺬﻨﻤﻟا : ﺲﯿﻟ ﻲﻓ نﺎﺘﺨﻟا ﺮﺒﺧ ﻊﺟﺮﯾ ﮫﯿﻟإ ﻨﺳﻻو ﮫ ﻊﺒﺘﺗ , ﺞﺘﺣاو ﺞﺘﺣاو نﻮﻠﺋﺎﻘﻟا ﮫﻧﺄﺑ ﺔﻨﺳ ﺚﯾﺪﺤﺑ ﺔﻣﺎﺳأ ﺪﻨﻋ ﺪﻤﺣأ او ﻟ ﺒ ﻲﻘﮭﯿ : نﺎﺘﺨﻟا ﺔﻨﺳ ﻲﻓ ا ﻟ ﺎﺟﺮ ل , ﺔﻣﺮﻜﻣ ﻲﻓ ا ﻟ ءﺎﺴﻨ ﮫﯾوارو ا جﺎﺠﺤﻟ ﻦﺑ ﺎطرأ ة ﺪﻣ ﺲﻟ . ﻲﻓو ﺔﻨﺳ 1951 م ﻞﺳﺮﯾ ﺎﻌﻣ ﻲﻟ ﺮﯾزو ا ﺔﺤﺼﻟ ا يﺮﺼﻤﻟ إ ﻲﻟ ﺔﻠﯿﻀﻓ ا ﺔﻣﻼﻌﻟ ا ﺦﯿﺸﻟ دﻮﻤﺤﻣ تﻮﺘﻠﺷ ﻮﻀﻋ ﺔﺌﯿھ رﺎﺒﻛ ا ءﺎﻤﻠﻌﻟ , ذﺎﺘﺳأو ذﺎﺘﺳأو ﺔﻌﯾﺮﺸﻟا ﺮھزﻷﺎﺑ ﻒﯾﺮﺸﻟا ( ﻹاو مﺎﻣ ﺮﺒﻛﻷا ﺎﻤﯿﻓ ﺪﻌﺑ ) ﺄﺴﯾ ﻟ ﮫ ﻦﻋ ﺔﯿﻀﻗ ا ﺘﺨﻟ نﺎ , ﺔﺻﺎﺧ ﺘﺧ نﺎ ﻧﻹا ثﺎ , ﮫﺒﯿﺠﯿﻓ باﻮﺠﺑ ﻲﻓ 28 ـ5 ـ1951 م م هﺮﺸﻨﯾ ﻲﻓ ﺔﻠﺠﻣ ﺮھزﻷا ﺪﻠﺠﻣ 23 ﺪﻋ د ا ﻟ مﺮﺤﻤ ﻨﺳ ﺔ 1371 ـھ ﻲﻓ ﺔﺤﻔﺻ 21, لﻮﻘﯾو ﻞﻜﺑ حﻮﺿو : او ﺔﻌﯾﺮﺸﻟ رﺮﻘﺗ أﺪﺒﻣ ﺎﻣﺎﻋ , ﻮھو أ ﻧ ﮫ ھ ﻲﺘﻣ ﺛ ﺖﺒ ﻖﯾﺮﻄﺑ ا ﻟ ﺚﺤﺒ ا ﻖﯿﻗﺪﻟ ﻻ ﻖﯾﺮﻄﺑ ءارﻵا ا ﺔﯿﺘﻗﻮﻟ ا ﻟ ﻲﺘ ﺗ ﻲﻘﻠ ﺗ ﻠ ﺔﯿﺒ ﻟ ﺔﻋﺰﻨ ﺔﺻﺎﺧ وأ ةارﺎﺠﻣ مﻮﻗ ﯿﻌﻣ ﻨ ﻦﯿ نأ ﻲﻓ ﺮﻣأ ﺎﻣ ارﺮﺿ رﺿ ﻣﺮأ ﻓ أ ﯿﻨﯿﻣ ﻮ ﺤﺻ ﯿ ﺎ , وأ ادﺎﺴﻓ ﯿﻘﻠﺧ ﺎ , ﺐﺟو ﻋﺮﺷ ﺎ ﻣ ﻨ ﻊ ذ ﻟ ﻚ ا ﻟ ﻌ ﻞﻤ , ﺎﻌﻓد ﻟ رﺮﻀﻠ وأ ا دﺎﺴﻔﻟ , إو ﻲﻟ نأ ﺖﺒﺜﯾ ﻚﻟذ ﻲﻓ نﺎﺘﺧ ﻧﻷا ﻰﺜ , نﺈﻓ ﺮﻣﻷا ﮫﯿﻓ ﻲﻠﻋ ﺎﻣﺎ رد ج ﻠﻋ ﮫﯿ ا ﻟ ﻨ سﺎ , هدﻮﻌﺗو ﻲﻓ ﻞظ ا ﺔﻌﯾﺮﺸﻟ ﻹا ﻼﺳ ﻣ ﯿ ﺔ , ﻢﻠﻋو لﺎﺟر ا ﺔﻌﯾﺮﺸﻟ ﻦﻣ ﺪﮭﻋ ا ﻟ ﺒﻨ ةﻮ إ ﻲﻟ ﻨﻣﻮﯾ ﺎ ﺬھ ا , ﻮھو أ ن ﺘﺧ ﺎ ﻧ ﮭ ﺎ ﻣ ﺔﻣﺮﻜ , ﻟو ﺲﯿ ﺒﺟاو ﺎ , ﻨﺳﻻو ﮫ . ﻢﺛ ﻢﻠﻜﺗ ﺎﻣﻼﻛ ﺎﺴﯿﻔﻧ ﺪﻌﺑ ﻚﻟذ , ﻦﻜﻟ ﺎﯿﻤﻓ هﺎﻨﻠﻘﻧ ةﺪﻋﺎﻗ ﺔﻤﮭﻣ , ﻞﺜﻤﺗ ﻞﻘﻋ ا ﮫﯿﻘﻔﻟ ا ﻢﻠﺴﻤﻟ ا ﻦﻜﻤﺘﻤﻟ ﻦﻣ ﮫﮭﻘﻓ , ﺔﺼﻗو ﺬھ ا أ ﮫﻧ ﻲﻓ ﺮﮭﺷ ﺎﻣ ﻮﯾ ﻮﯾ ﺎﻣ ﺮﮭﺷ ﻲﻓ ﮫﻧ أ ا ﺬھ ﺔﺼﻗو ﻦﻣ ذ تا ا ﺔﻨﺴﻟ ترﺪﺻأ ﻠﺠﻣ ﺔ ا رﻮﺘﻛﺪﻟ ﺎﻘﺤﻠﻣ لﻮﺣ نﺎﺘﺧ ا ﻟ ﻨﺒ تﺎ , ﺄﺳ ﺖﻟ ﻓ ﯿ ﮫ ﺎط ﺋ ﺔﻔ ﻦﻣ ﺒطﻷا ءﺎ ﻦﻋ أر ﻢﮭﯾ ﻣو ﺎ ﯾ ﻮﺤﺼﻨ ن ﮫﺑ ﻲﻓ اﺬھاھﻲ ﮫ عﻮﺿﻮﻤﻟا , ﺖﻌﻤﺟﺄﻓ ﻢﮭﺘﻤﻠﻛ ﻲﻠﻋ مﺪﻋ ةروﺮﺿ نﺎﺘﺧ تﺎﻨﺒﻟا , اورﺎﺷأو إ ﻲﻟ ا رﺮﻀﻟ ا يﺬﻟ ﺪﻗ ﻢﺠﻨﯾ ﻦﻋ هﺬھ ا ﻠﻤﻌﻟ ﺔﯿ , ﻢﮭﻨﻜﻟ ـ او ﻖﺤﻟ لﺎﻘﯾ ـ ﺎﯾﻖﻟا ـ ﮭﻜ اوﺪﺑأ ﻚﻟذ ﻲﻠﻋ ﻞﯿﺒﺳ يأﺮﻟا , ﺎﺠﻣو ر ا ة ا ﺎﻀﺤﻟ ةر , ﻟو ﺲﯿ ﻲﻠﻋ ﻞﯿﺒﺳ ا ﺔﻣﻮﻠﻌﻤﻟ ا ﺔﯿﺒﻄﻟ ا ةﺪﻛﺆﻤﻟ .
ﻲﻓو ﺔﻠﺠﻣ ءاﻮﻟ مﻼﺳﻹا ﻲﻓ ﺎھدﺪﻋ لوﻷا ﻦﻣ ا ﺔﻨﺴﻟ ا ﺔﺴﻣﺎﺨﻟ ا ردﺎﺼﻟ ﻧﻮﯾ ﻮﯿ 1951 م( نﺎﻀﻣر 1370 ـھ ) ﺖﻣﺎﻗ ﺔﻠﺠﻤﻟا ﻞﻤﻌﺑ عﻼﻄﺘﺳا عﻼﻄﺘﺳا ﻞﻤﻌﺑ ﺔﻠﺠﻤﻟا ﺖﻣﺎﻗ رﺎﺒﻜﻟ ا ءﺎﻤﻠﻌﻟ , لﺎﻘﻓ ا ﺦﯿﺸﻟ إ ﻢﯿھاﺮﺑ شوﺮﻤﺣ ﻮﻀﻋ ﺔﻋﺎﻤﺟ رﺎﺒﻛ ا ءﺎﻤﻠﻌﻟ , رو ﺋ ﺲﯿ ﻨﺠﻟ ﺔ ا ﻟ ﻔ ﺘ يﻮ ﺑ ﺮھزﻷﺎ ﺪﻌﺑ مﻼﻛ ﻞﯾﻮط ﯾ ﻖﻠﻌﺘ ﻒﻘﺴﺑ ﻒﻘﺴﺑ ﻖﻠﻌﺘ ﯾ ﻞﯾﻮط مﻼﻛ ﺪﻌﺑ ﺮھزﻷﺎ فرﺎﻌﻤﻟا ﻊﺋﺎﺸﻟا , او يﺬﻟ ﺪﺗﺮﯾ إ ﻲﻟ رﻮﻣأ ﺎﻧﺎﯿﻧد ﺎﻤﻛ ﺎﻧﺮﻣأ ﻢﺘﻧأ ﻢﻠﻋأ رﻮﻣﺄﺑ ﻢﻛﺎﯿﻧد : زﻮﺠﯾ ﺎﮭﻟ كﺮﺗ ا ﺘﺨﻟ نﺎ , ﺎﮭﻨﻜﻟو ﻲﻓ هﺬھ ا ﺎﺤﻟ ﺔﻟ ﻢﻟ ﻢﻘﺗ ﻢﻘﺗ ﻢﻟ ﺔﻟ ﺎﺤﻟ ا هﺬھ ﻲﻓ ﺎﮭﻨﻜﻟو ﺔﻣﺮﻜﻤﻟﺎﺑ , اذﺈﻓ ﺪﯾرأ ﺮﯾﺮﻘﺗ ﻊﻨﻤﻟا ﻦﻣ نﺎﺘﺧ ةأﺮﻤﻟا , ﺪﺑﻼﻓ نأ ﻢﻠﻌﯾ ﻖﯾﺮﻄﺑ ﺢﯿﺤﺻ نأ ا ﻢﻠﻌﻟ ﺖﺒﺜﯾ أ ن ﻲﻓ ﺘﺧ ﺎ ﺎﮭﻧ اراﺮﺿإ ﺎﮭﺑ ﻲﺘﺣ ﻦﻜﻤﯾ ﻦﻜﻤﯾ ﻲﺘﺣ ﺎﮭﺑ اراﺮﺿإ ﺎﮭﻧ ﺎ ﺘﺧ ﻲﻓ ن لﻮﻘﻟا ﻊﻨﻤﻟﺎﺑ . لﻮﻘﯾو ﺎﺘﺳﻷا ذ ﺪﺒﻋ ا بﺎھﻮﻟ فﻼﺧ , ﺘﺳأ ذﺎ ا ﺔﻌﯾﺮﺸﻟ ﻠﻜﺑ ﺔﯿ ا قﻮﻘﺤﻟ ﺪﻌﺑ مﻼﻛ ﻞﯾﻮط : يﺬﻟا ﺐﺠﯾ ﻲﻠﻋ ءﺎﺒطﻷا نأ اﻮﻌﺳﻮﯾ اﻮﻌﺳﻮﯾ نأ ءﺎﺒطﻷا ﻲﻠﻋ ﺐﺠﯾ يﺬﻟا ةﺮﺋاد ءاﺮﻘﺘﺳﻻا ﻻأو اﻮﻤﻜﺤﯾ نﺄﺑ نﺎﺘﺧ ﺖﻨﺒﻟا رﺎﺿ ءﺎﻨﺑ ﻲﻠﻋ تﻻﺎﺣ ﺔﯾدﺮﻓ , نأو اﻮﻧرﺎﻘﯾ ﻦﻣ ا ﺔﮭﺟﻮﻟ ا ﺔﯿﺤﺼﻟ ﺑ ﻦﯿ ﻦﻣ ﺘﺧ ﺖﻨ , ﻦﻣو ﻟ ﻢ ﻢﻟ ﻣ ﺘﺨﺗ ﻦﺘ , اذﺈﻓ ﻢﺗ اﺬھ ﻘﺘﺳﻻا ءاﺮ ﺎﻛو ﺖﻧ ا ﻟ ﺔﺠﯿﺘﻨ نأ نﺎﺘﺧ ا ﻟ ﺖﻨﺒ رﺎﺿ ﺎﮭﺑ اوأرو ﮫﻌﻨﻣ اﺬﮭﻓ ا ﻊﻨﻤﻟ ﻻ ﻌﯾ رﺎ ض ﺎﺼﻧ ﻓ ﻲ ا ﻟ ﺪ ﯾ ﻦ , ﻻو إ ﻤﺟ ﺎ ﻋ ﺎ ءﺎﮭﻘﻔﻟ ﻦﯿﻤﻠﺴﻤﻟا . لﻮﻘﯾو ﺪﻤﺤﻣ ﻚﺑ ا ﻟ ﺒ ﻨ ﺎ , ﻮھو ﻦﻣ ﺒﻛ رﺎ ا ءﺎﻤﻠﻌﻟ أ ﺎﻀﯾ ﺪﻌﺑ مﻼﻛ ﻞﯾﻮط رﺎﺷأ ﮫﯿﻓ إ ﻲﻟ فﻼﺘﺧا ﺒطﻷا ءﺎ , ﻢﺛ لﺎﻗ : اذﺈﻓ كﺮﺘﺷا ﻲﻓ ﻚﻟذ دﺪﻋ ﺮﺒﻛأ ﺮﺒﻛأ دﺪﻋ ﻚﻟذ ﻲﻓ كﺮﺘﺷا اذﺈﻓ ﻲﻠﻋ ا ﻟ ﻮﺤﻨ يﺬﻟا ﮫﺘﯾﺪﺑأ ـ ﻲﻨﻋأ ﻲﻠﻋ ﺔﺌﯿھ ﺮﻤﺗﺆﻣ ـ نﺎﻛ ﺚﺤﺒﻟا ﻢﺗأ ﻲﻓوأو , او ﺔﺻﻼﺨﻟ نأ ا ﻦﯿﻤﻠﺴﻤﻟ ﺑ ﺎ رﺎﯿﺨﻟ ﻦﻣ ا ﻟ ﻨ ﺔﯿﺣﺎ ا ﺔﯿﻨﯾﺪﻟ , نأو نأو ﺮﻣﻷا كوﺮﺘﻣ ﻟ ﺔﺤﻠﺼﻤﻠ , ﺐﺠﯾو نأ ﯾ ﺚﺤﺒ ﺜﺤﺑ ﺎ ﺎﻛ ﻓ ﯿ ﺎ ﺔﻓﺮﻌﻤﺑ ا ءاﺮﺒﺨﻟ . ﻲﻓو ا ﻠﺠﻤﻟ ﺪ 24 ﻦﻣ ﺠﻣ ﻠ ﺔ ا ھزﻷ ﺮ, ﻲﻓ ﺪﻋ ھد ﺎ ا ﻟ ﻌ ﺮﺷﺎ ا ﺎﺼﻟ رد ﻲﻓ اﻮﺷ ل ﻨﺳ ﺔ 1372 ـھ ﻖﻓاﻮﻤﻟا 11 ﻧﻮﯾ ﻮﯿ ﺔﻨﺳ 1953 ﻢﻠﻜﺘﯾ ﺦﯿﺸﻟا ﺦﯿﺸﻟا ﻢﻠﻜﺘﯾ ﻤﺤﻣ ﺪ ﺮﻋ ﻓ ﺔ ر ﺋ ﺲﯿ ﺗ ﺮﺤ ﯾ ﺮ ا ﻟ ﺠﻤ ﻠ ﺔ , ﻮﻀﻋو ﺔﻋﺎﻤﺟ ﺒﻛ رﺎ ا ءﺎﻤﻠﻌﻟ , لﻮﻘﯿﻓ : او ﻢﻠﻌﻟ يﺮﯾ أ ﮫﻧ ﺮﻀﯾ ﺑ ﺎ ةﺎﯿﺤﻟ ا ﺔﯿﺟوﺰﻟ , يدﺆﯾو إ ﻲﻟ ا ﻧ رﺎﺸﺘ رﺎﺸﺘ ﻧ ا ﻲﻟ إ يدﺆﯾو تارﺪﺨﻤﻟا ﻦﯿﺑ لﺎﺟﺮﻟا , اذﺈﻓ ﺖﺒﺛ ﻞﻛ ﻚﻟذ هﺮﻣﺄﻓ ﮭﺳ ﻞ ﺟ ﺪ ا , ﺲﯿﻠﻓ ﻲﻠﻋ ﻦﻣ ﻢﻟ ﻦﺘﺘﺨﺗ ﻦﻣ ءﺎﺴﻨﻟا ﻦﻣ سﺄﺑ , ﻦﻣو ﺘﺧا ﺘ ﺖﻨ ﻓ ﺐﺠﯿ ﻻأ ﯾ ﻚﮭﻨ ﻚﮭﻨ ﯾ ﻻأ ﺐﺠﯿ ﻓ ﺖﻨ ﺘ ﺘﺧا ﻦﻣو ﺬھ ا ا ﻟ ﻮﻀﻌ ﺎﮭﻨﻣ , اذإو ﻊﻨﻣ ﻲﻓ ﺮﺼﻣ ﺎﻤﻛ ﻊﻨﻣ ﻲﻓ ﺾﻌﺑ ا ﻟ دﻼﺒ ﺔﯿﻣﻼﺳﻹا ﯿﻛﺮﺘﻛ ﺎ دﻼﺑو ا بﺮﻐﻤﻟ ﻼﻓ ﺑ سﺄ ﷲو ا ﻖﻓﻮﻤﻟ ﻟ باﻮﺼﻠ . ﯾو ﺘ ﺒ ﻦﯿ ﻦﻣ ﻞﻛ ذ ﻚﻟ نأ ا ﺄﺴﻤﻟ ﺔﻟ ﺔﻤﯾﺪﻗ , ﻢﻠﻜﺘﯾ ﺎﮭﻨﻋ ﺦﯿﺸﻟا ﻦﯿﻨﺴﺣ ﺤﻣ ﺪﻤ فﻮﻠﺨﻣ , او ﺦﯿﺸﻟ ﺪﯿﺳ ﻖﺑﺎﺳ , ﺎھﺪﯿﻌﯾو ا ﺦﯿﺸﻟ ﻤﺤﻣ دﻮ ﻠﺷ تﻮﺘ تﻮﺘ ﻠﺷ دﻮ ﻲﻓ ﻛ ﺘ ﺎ ﺑ ﮫ ( يوﺎﺘﻔﻟا ) ردﺎﺼﻟا ﺔﻨﺳ 1959 م, ﺮﻛﺬﯾو ﻓ ﮫﯿ ةﺮﻣ ﺛ ﺎ ﻧ ﺔﯿ نإ ﺘﺧ نﺎ ﻧﻷا ﻰﺜ ﺲﯿﻟ ﺎﻨﯾﺪﻟ ﺎﻣ ﻋﺪﯾ ﻮ ﮫﯿﻟإ , إو ﻲﻟ ﮫﻤﯿﺘﺤﺗ ﻻ ﻋﺮﺷ ﺎ ﺧﻻو ﻠ ﻘ ﺎ طﻻو ﺒ ﺎ . ﻦﯿﺒﺘﯾو ﻚﻟﺬﻛ نأ اﺬھ ﺮﻣﻷا ﺪﻨﻋ ﺒﻛ رﺎ ا ءﺎﻤﻠﻌﻟ ﻖﻠﻌﺘﻣ ﺑ ﺎ رﺎﻌﻤﻟ ف ا ﻟ ﻄ ﺒ ﯿ ﺔ ا ﻟ ﯿ ﻘ ﯿ ﻨ ﯿ ﺔ , ﺎﻤﻟو ﺎﻛ ﺖﻧ ا فرﺎﻌﻤﻟ ا ﺔﯿﺒﻄﻟ ا ﻟ ﺎﺴ ةﺪﺋ ﻲﻓ ا رﻮﺼﻌﻟ ﻲﻟوﻷا ﻲﻟوﻷا رﻮﺼﻌﻟ ا ﻲﻓ ةﺪﺋ ﺎﺴ لﻮﻘﺗ ﮫﻌﻔﻨﺑ , ﺪﻘﻓ لﺎﻗ ا ءﺎﮭﻘﻔﻟ : ﮫﻧﺄﺑ ﺔﻣﺮﻜﻣ , ﺖﻤﻠﻛو ﺔﻣﺮﻜﻣ ﺗ ﻲﻔﻨ أ ﮫﻧ ﺐﺟاو , ﻞﺑو أو ﮫﻧ ﺔﻨﺳ , ﮫﻠﻌﺠﺗو ةدﺎﻋ ﻞﺜﺘﻤﯾ ا ﻟ ﻨ سﺎ ﻢﮭﻓرﺎﻌﻤﻟ ا ﺔﯿﻤﻠﻌﻟ ﺔﯿﻤﻠﻌﻟ ا ﻢﮭﻓرﺎﻌﻤﻟ سﺎ ﻨ ﻟ ا ﻞﺜﺘﻤﯾ ةدﺎﻋ ﮫﻠﻌﺠﺗو ﻲﻓ ﻞﻛ ﺮﺼﻋ , ﻚﻟﺬﻟو ﺪﻘﻓ درو ﻲﻓ ﺘﻛ ﺒ ﻨ ﺎ ﻼﻘﻧ ﻦﻋ ﻦﯿﻟوﻷا ﺎﮭﻧﺄﺑ ﺔﻣﺮﻜﻣ , ﻻ ﺎھراﺮﻗﻹ , ﻞﺑ ﻟ ﻲﻔﻨ ا بﻮﺟﻮﻟ او ﻟ ﻨﺴ ﯿ ﺔ ﻨﻋ ﮭ ﺎ . ﻨﻤﻠﻜﺗو ﺎ أ ﺎﻀﯾ ﻦﻋ نأ ﻟ ﺘﺨﻠ نﺎ ﺔﻌﺑرأ أ عاﻮﻧ , نأو ا ﺔﻠﺣﺮﻤﻟ ﻲﻟوﻷا ﻲھ ا ﻟ ﻲﺘ ﺎھﺎﻨﻋ ءﺎﺒطﻷا ا ءﺎﻣﺪﻘﻟ , او ﻦﯾﺬﻟ ﻨﺑ ءﺎ ﻢﮭﯿﻠﻋ ﻢﻠﻜﺗ ا ءﺎﮭﻘﻔﻟ ﻲﻠﻋ ﻲﻠﻋ ءﺎﮭﻘﻔﻟ ا ﻢﻠﻜﺗ ﻢﮭﯿﻠﻋ ءﺎ ﻨﺑ ﻦﯾﺬﻟ او ﺎﮭﻧأ ﺔﻣﺮﻜﻣ , نأو هﺬھ ا ﺔﻠﺣﺮﻤﻟ ﻲﻟوﻷا ﻲھ ةدﺎﻋ ﻟو ﺖﺴﯿ ﻦﻣ ا ﺎﻌﺸﻟ ﺮﺋ , ھو اﺬ ﻲﻨﻌﻣ ﺎﻀﯾأ ﺎﮭﻧأ ﺔﻣﺮﻜﻣ , ﻲﮭﻓ ﻟ ﺖﺴﯿ ﻦﻣ ا ﺔﻌﯾﺮﺸﻟ ﻓ ﻲ ءﻲﺷ , ﺎﮭﻨﻜﻟو ﺑ ﻨ ءﺎ ﻲﻠﻋ ا تﺎﻣﻮﻠﻌﻤﻟ ا ﺔﯿﺒﻄﻟ ا ةﺪﺋﺎﺴﻟ ﻲﻓ ﺮﺼﻋ ﻦﻣ ا رﻮﺼﻌﻟ . ﻦﻣو ﻞﻛ ﻚﻟذ ﻦﯿﺒﺘﯾ أ ﮫﻧ ﺐﺠﯾ ﻲﻠﻋ ﺒطﻷا ءﺎ نأ ﻠﻌﯾ اﻮﻨ ا ﺎﻘﺤﻟ ﻖﺋ ا ﻟ ﻲﺘ ﺪﻗ ﻞﺻﻮﺗ إ ﻟ ﺎﮭﯿ ﺑ ﺎ ﻟ ﺚﺤﺒ , ﺑو ﺎ تاﺮﻤﺗﺆﻤﻟ ا ﺔﯿﻤﻠﻌﻟ , ﺑو ﺎ ﻟ تاراﺮﻘ ا ﻟ ﻲﺘ ﻲﺘ ﻟ ا تاراﺮﻘ ﻟ ﺎ ﺑو ﺖﻠﺻﻮﺗ إ ﻟ ﺎﮭﯿ ﻈﻨﻣ ﺔﻤ ا ﺔﺤﺼﻟ ا ﻟ ﻌ ﺎ ﻟ ﻤ ﯿ ﺔ , ﺎﻤﺑو ﺪﻗ ﻖﺒطأ ﻠﻋ ﮫﯿ ﺒطﻷا ءﺎ ا نﻮﺼﺘﺨﻤﻟ ﻲﻓ اﺬھ ا نﺄﺸﻟ نﻵا , ﺚﯿﺤﺑ رﺎﺻ ﺎﻋﺎﻤﺟإ ﻢﻠﻌﺑ ﯿﻘﯾ ﻲﻨ , ﺎﻤﻛ ﻤ ﺎط ﺐﻟ ءﺎﻤﻠﻋ ا ﺔﻌﯾﺮﺸﻟ ﻨﻣ ﺬ أ ﺮﺜﻛ ﻦﻣ ﻒﺼﻧ نﺮﻗ , ﻲﺿر ﷲ ﺗ ﻌ ﺎ ﻟ ﻲ ﻋ ﻨ ﮭ ﻢ و أ ﺿر ﺎ ھ ﻢ .
ﻦﺤﻧو ذإ ﻊﺒﺘﻧ ﺎﻣ ﻦﻘﯿﺗ ﮫﻨﻣ ا ﺐﻄﻟ , تﺮﻘﺘﺳاو ﮫﯿﻠﻋ ا ﺔﻤﻠﻜﻟ , ﻦﺤﻨﻓ ﻊﺒﺘﻧ ءﻻﺆھ ءﺎﻤﻠﻌﻟا ﻦﯾﺬﻟا اﻮﻠﺻأ ﺎﻨﻟ لﻮﺻﻷا , ﻧﻮﻛﺮﺗو ﺎ ﻲﻠﻋ ا ﻟ ﺔﺠﺤﻤﺔﺤ ءﺎﻀﯿﺒﻟا , او ﺪﻤﺤﻟ بر ا ﺎﻌﻟ ﻦﯿﻤﻟ .
Source: Published in aharam newspaper on 6 August 2007 www. aharam.org.eg
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