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ISSUE BRIEF 10.02.18 Women as Religious Authorities: What A Forgotten History Means for the Modern Middle East

Mirjam Künkler, Ph.D., University of Göttingen

Although the history of includes family members of the prophet were numerous examples of women transmitting frequently consulted on questions of Islamic (i.e., sayings of the prophet), writing guidance. This practice was not limited to authoritative scholarly commentaries on the prophet’s family and descendants. As the and religious law, and issuing Islamic scholar Khaled Abou El Fadl notes, fatwas (rulings on questions of Islamic law), “certain families from Damascus, Cairo, and women rarely perform such actions today. Baghdad made a virtual tradition of training Most Muslim countries, including those in female transmitters and narrators, and… the Middle East, do not allow women to these female scholars regularly trained serve as judges in Islamic courts. Likewise, and certified male and female jurists and few congregations would turn to women therefore played a major contributing role for advice on matters of Islamic law, or in the preservation and transmission of invite women to lead or deliver the Islamic traditions.”1 sermon (khutba). Women’s role in transmitting For decades, Sudan and Indonesia were was modeled after ‘A’ishah, the prophet’s the only countries that permitted female youngest wife, who had been such a prolific judges to render decisions on the basis of transmitter that is said to have the Quran and hadiths (which are usually told followers they would receive “half their conceived as a male prerogative only). And religion” from a woman. In later centuries, too, only recently have religious seminaries in In his overview of the history of women the great scholars of , Morocco, Iran, and pre-war Syria as hadith scholars—Al-Muhaddithat—Oxford Islam learned from opened their highest degree programs to scholar Mohammad Akram Nadwi observes both male and female women, thus enabling them to develop that, “in the formative period of Islam… the expertise in Islamic law required to women scholars are not only great in teachers. Knowledge issue fatwas. number but also great in prominence [and] seekers traveled far and Given the dearth of women exercising great in their authority. Men go to them to wide, from Damascus 2 Islamic authority, one might be forgiven learn, and doing so is normal.” and Cairo to Baghdad for assuming that for most of Islamic Research by professors history, women were not granted the right Irene Schneider and Jonathan Berkey and Nishapur, to study to gain expertise on questions of religion indicate that Nadwi’s observation was not with female jurists. and religious law and that these realms only true for the formative period of Islam; of knowledge were the near-exclusive in later centuries, too, the great scholars of domain of men. Islam learned from both male and female Yet a look into Islamic history teachers. Knowledge seekers traveled far and suggests otherwise. In the early periods wide, from Damascus and Cairo to Baghdad of Islam, women had great prominence and Nishapur, to study with female jurists. in transmitting the hadith, and female The 12th century Sunni scholar Ibn ‘Asākir RICE UNIVERSITY’S BAKER INSTITUTE FOR PUBLIC POLICY // ISSUE BRIEF // 10.02.18

(d. 1176) noted that he studied under 80 (school of jurisprudence). Women jurists different female scholars.3 Among the 172 can be found from Timbuktu to Cairo, from teachers of Taqi al-Din al-Subki (d. 1370), 19 Damascus to Baghdad, and from Isfahan and were women. The Shafi‘i scholar Ibn Hajar Nishapur, from the 700s to the 1500s and al-‘Asqalani (d. 1448) named 53 women across the , , , Shafi‘i, and with whom he studied. Al-Sakhawi (d. 1497) Shia schools of law. Nor is there evidence noted that he learned from 68 women,4 that women transmitted or taught only and Al-Suyuti (d. 1505) listed 33 women on gender-specific themes.10 The Shafi‘i among the 130 scholars on whose authority jurist Amīnā bint al-Ḥusayn al-Maḥāmilī he recited traditions.5 Even Ibn Taymīyah (d. (d. 987) was particularly expert in the law 1328), a leading Hanbali jurist known for his of inheritance.11 The Hanbali jurist stern approach to gender relations, listed two bint ‘Abbas ibn Abi al-Fath al-Baghdadiyyah women among his teachers. al-Hanbaliyyah (d.1333) became a renowned Schneider’s account of female scholars scholar of the Quran, and her contemporary, in Nishapur, Iran, between the 11th and 13th the great Islamic scholar Ibn Taymiyah, centuries is extraordinary, as she not only acknowledged her as an equal in knowledge offers examples of women who taught in and expertise. 'A'isha bint 'Abd al-Hadi Apart from these official madrasahs (rather than in the privacy al-Ba'uniya (d.1516) excelled in leadership roles in of their homes, as was customary in Cairo, for grammar and rhetoric, Islamic law, theology, Islamic scholarship, example),6 but also detailed descriptions of and mysticism. women also often seating orders, which suggest that religious Apart from these leadership roles in scholars were not spatially segregated by Islamic scholarship, women also often played noteworthy gender but that men and women—teacher played noteworthy roles as founders and roles as founders and student—occasionally sat side by side.7 benefactors of madrasahs, with the authority and benefactors of The common conception, by contrast, is to appoint teachers and other functionaries. madrasahs, with the that if women taught at all, they did so from Even as controllers of the endowment, they behind a curtain. Schneider’s findings set could greatly influence the sphere of religious authority to appoint Nishapur apart from discussions of Cairo and teaching and learning.12 teachers and other Baghdad, where women are usually assumed functionaries. Even to have taught from behind a curtain. A “MODERN ABYSS” FOR FEMALE as controllers of the In addition to being prevalent among the group of esteemed hadith transmitters, RELIGIOUS AUTHORITIES endowment, they women also issued fatwas, legal With the rise of modernity, the profound could greatly influence recommendations based on Islamic law, a transformations in statecraft, the adoption the sphere of religious service that would be requested of only of European legal systems, the diminished the most distinguished scholars of Islamic teaching and learning. role of religious authorities across the law. As El Fadl notes, “a careful reading , and the rise of political of biographical dictionaries reveals a large Islam, knowledge of the multifaceted number of women who are described as ways in which women were central to the jurists (faqīhāt), and who are asserted to development of the Islamic tradition, Islamic have attained a level of competence that law, and scholarship faded into distant qualified them to issue fatwas.”8 Among the memory. It is not entirely clear why modern earliest known examples is the Damascene religious authority in Islam was in most jurist Hujayma bint Ḥuyay al-Awtābiyya (d. places reshaped to include men only, or why 701), “who is said to have taught numerous it was forgotten that women, too, could men, and who enjoyed the confidence of the become and that their interpretations caliph ‘Abd al-Malik b. Marwān (r. 685–705). should have authority for both female and [She] used to meet with him regularly when male believers. they would sit together in the back of the While modern educational systems that Damascus .”9 focused on men’s preparations to eventually Examples abound in subsequent become breadwinners as well as the militant centuries and are not confined to a particular anti-colonial struggle that propelled men to center of learning or a particular madhab 2 WOMEN AS RELIGIOUS AUTHORITIES: WHAT A FORGOTTEN HISTORY MEANS FOR THE MODERN MIDDLE EAST

political leadership and relegated women to vaizler in Germany at administered the private sphere both played a role in this by the directorate’s foreign office.17 development, the reasons behind this trend Iran has been the most proactive in are multifaceted and vary across the Muslim training women as religious authorities. world. Still, the schism between the period Since the 1990s, hundreds of religious spanning the seventh and 16th centuries on seminaries have been set up across one hand, and the 17th to 20th centuries on the country to train women in Islamic the other is extraordinary. In a sense, one sciences. An estimated 40,000 female can speak of a “modern abyss” for female students presently study in Iran’s religious authorities; women Islamic scholars, theological seminaries.18 Similar to the muftis, and judges are the great exception. Moroccan program, they are not trained Even public opinion surveys indicate that to become scholars of Islamic law most believers today, irrespective of gender, (which might prompt them to generate do not wish to follow women religious leaders re-interpretations), but rather to give and do not trust a woman’s interpretation lessons at mosques and schools, respond of the Quran, even if she has proven to be to female believers’ queries, and to lead equally qualified.13 pilgrimages to and other holy sites. In most of these recent initiatives, women are trained to respond to the inquiries NEW INITIATIVES: WOMEN ADVISING of female believers only, not as authorities for WOMEN the umma, as such. The Turkish and pre-war Even public opinion Syria programs train women to issue fatwas. Fortunately, several recent developments surveys indicate that But they do so only with regard to women’s indicate that the tables may be turning most believers today, issues and in response to women’s questions. once again. This is, remarkably, despite the fact that all irrespective of gender, In 2006, the Moroccan government four Sunni schools as well as the do not wish to follow began to train female religious counselors Shia school of jurisprudence recognize women religious leaders (so-called murshidat) to be assigned to women’s eligibility to serve as muftis not only mosques around the country and tasked and do not trust a regarding issues of particular relevance or with responding to religious inquiries.14 The woman’s interpretation interest to women, but on any issue on which main role of the counselors is to provide a believer might seek advice.19 of the Quran, even if legal guidance to women so that female Ahmed al-Haddad, the Grand of she has proven to be believers are not compelled to consult men Dubai and head of the Islamic Affairs and on health and women-specific issues. The equally qualified. Charitable Activities Department, in 2009 program has since grown and become very issued this important reminder: “In many popular, with hundreds of women being Muslim countries, women are already trained as murshidat each year. involved with the issuing of fatwas, or legal In Syria, prior to the civil war, female rulings, but frequently these are confined to graduates of some Islamic law colleges were ‘female issues.’ However, a woman who is being trained to become assistant muftis able learned and trained in issuing fatwas is not to offer gender-specific advice to women. limited in her role to issuing fatwas that relate Since 2005, the Turkish Directorate to women only, but rather she is qualified to of Religious Affairs (i.e., the Diyanet) has issue on matters of worship, jurisprudence, appointed female assistant muftis who may morality, and behavior.” Al-Haddad went issue fatwas on women’s issues.15 And since on to say that Islamic tradition was “rich in 2006, it has certified hundreds of women examples of highly learned women acting as as “bayan vaizler”—Diyanet personnel who muftis and issuing decrees on all matters,” give lessons at mosques three times a week and added that “women, too, can order acts and may lead pilgrimages to Mecca.16 More of virtue and ban acts of vice just like a man recently, the Diyanet has also begun to send can…which is what female contemporaries of female vaizler abroad to mosques in Europe the Prophet have done as well as the women and Asia that are funded by the Turkish who came after them.”20 government. Currently, there are 13 female 3 RICE UNIVERSITY’S BAKER INSTITUTE FOR PUBLIC POLICY // ISSUE BRIEF // 10.02.18

In this regard, al-Haddad is entirely right. to change as well among educators, students, It is time for women to reclaim their historical and the general public. Religious leaders role and for believers to remember that for are only leaders if they have a following, as centuries, Islamic authority was less gender women muftis have repeatedly demonstrated. exclusive than the modern era. An important mechanism for changing perceptions is memory-making. Memories can be reactivated by: LOOKING AHEAD • sponsoring programs in popular culture Training more women in the interpretation that revive the tradition of women jurists of Islamic sources does not mean that such in Islam, such as visual culture projects interpretations will overnight become more like cartoons, videos, and films about inclusive or more gender sensitive. But such women, which some NGOs in Iran educating young women about female role have produced to this effect; models in the Islamic tradition such as the • generating exhibitions, children’s women teachers of Ibn Taymiyah or the books, games, and toys that elevate the Damascene jurist al-Awṭābiyya, whom memory of outstanding women jurists the caliph consulted on legal and political and hadith transmitters; and questions while sitting with her in the back of • supporting local research on examples of the mosque, is incredibly important. Seeing women religious leaders. a woman in a leadership position can have a transformative effect on an individual’s It is time for women to aspirations and open up new horizons and ENDNOTES reclaim their historical career goals previously not considered. Many role and for believers Muslims are familiar with the pivotal role 1. Khaled Abou El-Fadl, "Legal and to remember that played by Aisha and Fatimah, but these were Jurisprudential Literature: 9th to 15th women in the prophet’s family, which made Century," in Encyclopedia of Women & for centuries, Islamic their trajectory beyond reach. In a way, their Islamic Cultures, , general editor authority was less towering image is part of the problem, as (Brill Online, 2012). gender exclusive than it elevates the example of female religious 2. Mohammad Akram Nadwi, the modern era. authority to unreachable heights. Instead, the Al-Muhaddithat: The Women Scholars image of women’s religious authority needs in Islam (Oxford/London: Interface to be “normalized” once again. Publications, 2007). Generations of women from the seventh 3. Nadwi, Al-Muhaddithat. to 18th centuries sought Islamic knowledge 4. See Renate Jacobi, “Der Gelehrte and became qualified as jurists, hadith und die Dichterin. Eine Seelenfreundschaft transmitters, and scholars of Islam to im mamlukischen Ägypten,” in Studien whom male students would travel across zur Semitistik und Arabistik. Festschrift für the Muslim world. The historical evidence Hartmut Bobzin, Otto Jastrow, Shabo Talay, discussed above clearly illustrates that the and Herta Hafenrichter, eds. (Wiesbaden: women of the prophet’s family were not Otto Harrassowitz, 2008), 183-203; unique in taking on religious leadership and Renate Jacobi “Gelehrte Frauen im roles. Many women across time emulated islamischen Spätmittelalter,” in Nonne, their model and contributed to a strong Königin, Kurtisane: Wissen, Bildung und tradition of female Islamic authority, which Gelehrsamkeit von Frauen in der frühen is probably stronger comparatively than in Neuzeit, Michaela Hohkamp and Gabriele the other Abrahamic religions. Jancke, eds. (Königstein: Ulrike Helmer A change in perception is needed to Verlag, 2004), 225-246. re-normalize women’s religious authority. 5. See Jonathan Berkey, “Women and If women are to be trained as religious Islamic Education in the Mamluk Period,” in authorities on all matters and for all believers Women in Middle Eastern History, Nikkie (not only women), then attitudes toward Keddie and Beth Baron, eds. (New Haven: Yale women in religious leadership positions need University Press, 1991) 143–57, 151. 4 WOMEN AS RELIGIOUS AUTHORITIES: WHAT A FORGOTTEN HISTORY MEANS FOR THE MODERN MIDDLE EAST

6. On women in religious education 13. For example, a recent survey during the Mamluk period (1250-1517), conducted by the Baker Institute in the see Jonathan Berkey, The Transmission of Middle East sheds light on this issue. Survey Knowledge in Medieval Cairo, A Social History available at: https://www.bakerinstitute.org/ of Islamic Education, (Princeton: Princeton carnegie-project. University Press, 1992), 170f. Berkey writes 14. See Souad Eddouada, “Cinquante that women were not in a position to become morchidates par an,” (unpublished teachers in madrasahs during the Mamluk manuscript, n.d.); Souad Eddouada and time, but often taught men and women Renata Pepicelli, “Maroc: vers un ‘féminisme outside the formal madrasah system. islamique d’État,’” Critique Internationale 7. See Irene Schneider, “Gelehrte 46, Jan-March (2010): 87-100; and Margret Frauen des 5./11. bis 7./13.Jh.s nach Rausch, “Women Mosque Preachers and dem biographischen Werk des Dahabi Spiritual Guides: Publicizing and Negotiating (st. 748/1347),” in Philosophy und Arts Women’s Religious Authority in Morocco,” in in the Islamic World. Proceedings of the Women, Leadership and Mosques: Changes 18th Congress of L’Union Européenne in Contemporary Islamic Authority, Masooda des Arabisants et Islamisants held at the Bano and Hilary Kalmbach, eds. (Brill A change in Katholieke Universiteit Leuven (Sept. 3-9, Publishers, 2011). 1996), U. Vermeulen and D. de Smet, eds. 15. Overall, the Diyanet employs 81 muftis perception is needed (Leuven: Peeters Publishers, 1998), 107- across the major cities of Turkey. Since muftis to re-normalize 121. The biographies of women discussed in Turkey often function as regional managers women’s religious here amount to 2 percent of all biographies who oversee Diyanet projects, personnel, authority. If women al-Dhahabi reviewed, most of which were disputes, etc. in their assigned provinces, of male contemporaries of the Prophet. most legal inquiries from believers are in fact are to be trained as None of the 20 women surveyed by answered by the assistant muftis. I thank religious authorities Schneider served in official offices, such as James Gibbon for pointing out this division of on all matters and for administrators or judges. labor to me. On the political (in)significance all believers (not only 8. See Abou El Fadl, “Legal and of fatwas in Turkey’s entirely secular legal Jurisprudential Literature.” system, see Samil Öcal, “From ‘the Fetwa’ to women), then attitudes 9. Ibid. ‘Religious Questions’: Main Characteristics of toward women in 10. Nadwi, Al-Muhaddithat; Abou El Fetwas of the Diyanet,’” The Muslim World religious leadership Fadl, “Legal and Jurisprudential Literature”; XCVIII, April/July(2008): 324-234. positions need to Schneider, “Gelehrte Frauen.” 16. See, for example, Mona Hassan, change as well among 11. Nadwi, Al-Muhaddithat, 112. “Women at the Intersection of Turkish Politics, 12. On women who functioned as Religion, and Education: The Unexpected educators, students, nazirat (female controllers), see C. F. Petry, Path to Becoming a State-Sponsored Female and the general public. “A Paradox of Patronage during the Later Preacher,” Comparative Islamic Studies, 5, no. Mamluk Period,” The Muslim World LXXIII, 1 (2009): 111–130. no. 3-4 (1983). See also Jonathan Berkey, 17. Ulrike Hummel, “Female in “Women and Islamic Education in the Mamluk Germany. The Call of the Women,” Period,” in Women in Middle Eastern History, Qantara.de, November 7, 2008, http:// Nikkie Keddie and Beth Baron, eds. (New en.qantara.de/wcsite.php?wc_c=8123, Haven: Yale University Press, 1991), 143–57, accessed April 13, 2011. In total, the state of 144. Gawhar Shad Bigum (d. 1457), the female Turkey, through DITIB, employs 800 imams ruler of Herat, ordered the construction of the in Germany. Friday Mosque and the madrasah of Herat. 18. Mirjam Künkler, “The In Savafid, Iran Shah Bigi Bigum, the favorite Bureaucratization of Religious Education in wife of Safavid Shah Isma'il I (r. 1502-1524), as the Islamic Republic of Iran,” in Regulating well as her daughter Mahin Banu (1519-1562), Religion in Asia: Norms, Modes, and set up endowments for religious schools in Challenges, Arif A. Jamal, Jaclyn L. Neo, and Shirvan, Tabriz, Qazvin, Ray, and Isfahan. Daniel Goh, eds. (Cambridge: Cambridge University Press, 2018).

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19. Karen Bauer, “Debates on Women’s Status as Judges and Witnesses in Post- Formative Islamic Law,” Journal of the American Oriental Society 130, no. 1 (2010): 8. 20. See “The first female Mufti in the Arab world,” Siasat Daily, November 4, 2009, http://www.siasat.com/english/ news/first-female-mufti-arab-world; “A giant leap forward for Muslim women,” New Statesman, November 11, 2009, http://www.newstatesman.com/blogs/ the-god-blog/2009/11/female-muftis- women-islam; “Female Muftis Aren’t Making Headlines. What a Surprise,” Patheos, November 23, 2009, http://www.patheos. com/blogs/mmw/2009/11/female-muftis- aren%e2%80%99t-making-headlines- what-a-surprise; “Women muftis by end of 2010,” The National, November 3, 2009, http://www.thenational.ae/news/uae- news/women-muftis-by-end-of-2010; and “Mufti of Dubai: Women can issue fatwa,” UPI, March 6, 2009, https://www.upi.com/ Top_News/2009/03/06/Mufti-of-Dubai- Women-can-issue-fatwa/17091236381103/.

See more issue briefs at: www.bakerinstitute.org/issue-briefs AUTHOR

This publication was written by a Mirjam Künkler, Ph.D., is a professor at researcher (or researchers) who the Institute for Advanced Study in the participated in a Baker Institute project. Humanities and Social Sciences at the Wherever feasible, this research is University of Göttingen. Her work focuses reviewed by outside experts before it is on Iranian and Indonesian politics, and she released. However, the views expressed herein are those of the individual has published research on comparative author(s), and do not necessarily relations between religion and state in represent the views of Rice University’s the two countries, questions of law and Baker Institute for Public Policy. constitutionalism, religious education, and Islamic authority. © 2018 Rice University’s Baker Institute for Public Policy

This material may be quoted or reproduced without prior permission, provided appropriate credit is given to the author and Rice University’s Baker Institute for Public Policy.

Cite as: Künkler, Mirjam. 2018. Women as Religious Authorities: What A Forgotten History Means for the Modern Middle East. Issue brief no. 10.02.18. Rice University’s Baker Institute for Public Policy, Houston, Texas.

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