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How to cite this thesis

Surname, Initial(s). (2012). Title of the thesis or dissertation (Doctoral Thesis / Master’s Dissertation). Johannesburg: University of Johannesburg. Available from: http://hdl.handle.net/102000/0002 (Accessed: 22 August 2017). VIEWS OF MUSLIM RELIGIOUS LEADERS ON VIOLENCE AGAINST MARRIED WOMEN

by Muhammed Suleman

Submitted in fulfilment of the requirements for the degree

D LITT ET PHIL

in the

Department of Sociology

of the

Faculty of Humanities

at the

University of Johannesburg

Supervisor: Prof Kammila Naidoo Co Supervisor: Prof Yousuf Dadoo

October 2019 Acknowledgements

In the Name of God, Most Gracious and Most Merciful.

Conducting the doctoral thesis was the most challenging endeavour to date in my life, but also the most fruitful. I believe I have grown in leaps and bounds as a result of embarking on this journey. Getting to this point would not have being possible without the sincere support of important people in my life whom I would like to achnowledge.

My supervisors, Prof Kammila Naidoo and Prof Yousuf Dadoo. It is hard for me to find words to justify the support both of you have provided me. Thank you for always being there to guide me during this process. I will be eternally grateful to both of you for the encouragement, patience and support you gave me. I sincerely hope I will do justice to the guidance you provided me in how I guide my students in future. Thank you for believing in me.

To my parents, Anwar and Farida; thank you for being there and providing me with the emotional support during this rollercoster ride. Thank you for encouraging me when I encountered difficulties and providing me with the strength to overcome many challenges that I faced during this process. Without your support I would not have reached this stage in my career. It is your guidance that has kept me going.

I would like to thank the HOD of the Department of Sociology, Prof Pragna Ragunanen for always being a piller of support and for constantly pushing me to complete my doctorate.

My brothers Iqbal and Shiraz; thank you for taking my calls when I encountered difficulties, and for encouraging me.

The financial assistance of the National Institute for the Humanities and Social Sciences, in collaboration with the South African Humanities Deans Association towards this research is hereby acknowledged. Opinions expressed and conclusions arrived at are those of the author and are not necessarily to be attributed to the NIHSS and SAHUDA. I would like to particularly thank Prof Grace Khunou who organised writing and supportive workshops which were useful for my development.

Prof Shahana Rasool, thank you for assisting me with funding and guiding me in the intial stages of this research.

iii Finally I would like to thank my participants for taking part in this process. I know you were busy. This topic was not easy to cover. Yet you availed the time to take part in this research. I wish all of you the best in all your endeavours.

iv Abstract

Muslim religious leaders are commonly accused of adopting a conservative interpretation of Islam that guides the way in which they counsel married women on their rights to divorce and how they should address violence in the marital context. They have also been viewed as favouring male- dominant positions, protecting abusive husbands and adopting a reconciliation-at-all-cost approach. Scholars generally argue that women lack representation because the religious bodies which deal with domestic violence are made up predominantly of men. Despite this, and various accusations levelled at religious leaders, their voices are largely absent in academic studies. This thesis sought to interrogate Muslim religious leaders’ views of why domestic violence occurs in the Muslim South African community, why Muslim married women might experience it, what the drivers are, and how the problem could be addressed.

The integration of both feminist and family theories was relevant for this study because while patriarchy is important to assess, experience of structural issues as raised by some family theorists is equally crucial. Beyond these frameworks, the use of Bourdieu became important, particularly insofar as habitus and various intersecting fields could be illuminated. The intersecting fields in this study are Islam, family, patriarchy and the economy. These fields influence the amount of resources or capital women have at their disposal. When families place their status ahead of society and command women to respect their husbands unconditionally, they are undermining women’s rights to recourse and emancipation, thus promoting cultural dominance of one group over another.

Methodologically, a qualitative research paradigm was chosen as it places emphasis on context and nuanced meanings. This paradigm allowed me to carefully explore the way in which religious leaders think about domestic violence and the rationale behind their approaches. In May 2017, I set out to conduct in-depth semistructured interviews within the Gauteng region, using purposive and snowball sampling. The insider-outsider phenomena which I was alerted to at the proposal stage of my doctorate, debilitated the fieldwork for a while as religious leaders showed a level of distrust towards me. Despite these difficulties, I managed to conduct in-depth interviews with 13 participants, which were analysed utilising thematic analyses.

The findings show that religious leaders represent a complex grouping – there is tension in their narratives between ‘conservative thinking’ and ‘more progressive approaches’. While they do provide emotional and economic support and show a favourable attitude towards counselling, some of them are against the implementation of Muslim Personal Law which is ironic, given that they favour women using the protective structures of the state, such as the police. They revealed that they struggle with patriarchal practices, because while they were in favour of women religious leaders becoming

v involved, they were against them having a say in awarding women a divorce via the judicial process. In certain senses, while they suggest that they want to eradicate structural, cultural and direct violence, their refusal to transcend their conservative pro-patriarchal thinking results in their engendering a problematic environment that might persist in fostering cultural and structural violence that sustains, rather than ends, violence against married women.

vi Table of Contents

Page number

AFFIDAVIT ...... II

ACKNOWLEDGEMENTS...... III

ABSTRACT ...... V

TABLE OF CONTENTS...... VII

CHAPTER ONE ADDRESSING A PAINFUL REALITY...... 1 1.1. INTRODUCTION ...... 1 1.2. PROBLEM STATEMENT AND RESEARCH QUESTION ...... 1 1.3. OBJECTIVES OF THE STUDY...... 11 1.4. OVERVIEW OF STUDY ...... 11 1.5. CONCLUSION ...... 12

CHAPTER TWO AN EXPLORATION OF THE ROLE OF MUSLIM WOMEN IN THE MARITAL HOME 13 2.1 INTRODUCTION ...... 13 2.2 RIGHTS OF WOMEN IN ISLAM ...... 16 2.2.1 Rights to education ...... 17 2.2.2 Political rights ...... 22 2.2.3 Economic rights ...... 26 2.3 MARRIAGE IN ISLAM ...... 28 2.4 EXPERIENCE OF DOMESTIC VIOLENCE...... 37 2.5 DIVORCE IN ISLAM ...... 41 2.6 CONCLUSION ...... 54

CHAPTER THREE UNDERSTANDING DOMESTIC VIOLENCE: A SELECTIVE FOCUS ON THEORY AND CONCEPTS ...... 55 3.1 INTRODUCTION ...... 55 3.2 CONCEPTUALISING DOMESTIC VIOLENCE ...... 56 3.3 HISTORICAL OVERVIEW ...... 60 3.4 THEORETICAL PERSPECTIVES ON DOMESTIC VIOLENCE ...... 61 3.5 INTEGRATING THE FEMINIST AND FAMILY SYSTEMS THEORY TO GAIN AN OBJECTIVE UNDERSTANDING OF DOMESTIC VIOLENCE ...... 69

vii 3.6 SOCIAL FACTORS INFLUENCING DOMESTIC VIOLENCE ...... 74 3.6.1 The private versus public conundrum ...... 75 3.6.2 Religion used to perpetuate a culture of violence in the home ...... 78 3.6.3 Progressive laws impeded by a culture of patriarchy ...... 81 3.7 BREAKING DOWN THE CONCEPT OF VIOLENCE ...... 84 3.8 USING DIRECT, CULTURAL AND STRUCTURAL VIOLENCE IN ORDER TO GAIN A BROADER UNDERSTANDING OF DOMESTIC VIOLENCE ...... 90 3.9 BOURDIEU’S CAPITALS, FIELD AND HABITUS ...... 94 3.9.1 Capitals ...... 95 3.9.1.1 Cultural capital ...... 95 3.9.1.2 Social capital ...... 98 3.9.1.3 Symbolic capital ...... 99 3.9.1.4 Conversions ...... 99 3.9.2 Field ...... 100 3.9.3 Habitus ...... 102 3.10 USING BOURDIEU’S CAPITALS, FIELD AND HABITUS TO GAIN A SOCIOLOGICAL UNDERSTANDING OF DOMESTIC VIOLENCE IN THE MUSLIM COMMUNITY ...... 105 3.11 CONCLUSION ...... 108

CHAPTER FOUR USING A QUALITATIVE APPROACH: HANDLING ‘WINDING OPINIONS’, AND DETOURING ‘THE DEAD ENDS’ ...... 110 4.1 INTRODUCTION ...... 110 4.2 QUALITATIVE RESEARCH PARADIGM ...... 110 4.3 SAMPLING ...... 111 4.4 DIFFICULTIES IN GAINING ACCESS − BEING A MUSLIM MALE IS NOT ENOUGH ...... 112 4.5 THE USE OF FACE-TO-FACE INTERVIEWS ...... 116 4.6 PROFILE OF PARTICIPANTS ...... 119 4.7 DATA ANALYSIS ...... 120 4.8 ETHICAL CONSIDERATIONS ...... 121 4.9 DIFFICULTIES ENCOUNTERED ...... 121 4.10 CONCLUSION ...... 122

CHAPTER FIVE MUSLIM RELIGIOUS LEADERS PROVIDE THEIR VIEWS ON DOMESTIC VIOLENCE EXPERIENCED BY MUSLIM WOMEN IN SOUTH AFRICA ...... 123 5.1 INTRODUCTION ...... 123 5.2 RELIGIOUS LEADERS’ VIEWS ON THE ROLES OF MUSLIM MEN AND WOMEN IN MARRIAGE ...... 124 5.2.1 Importance of motherhood ...... 124

viii 5.2.2 Different but equal ...... 125 5.2.3 Your status depends on the amount of money you earn ...... 127 5.2.4 A woman’s value does not only depend on her being a mother ...... 128 5.2.5 There is no shame in men engaging in domestic duties ...... 131 5.2.6 Non-appreciation of the role of women in the family ...... 132 5.2.7 Her place is in the home ...... 134 5.3 ISLAMIC STANCE ON DOMESTIC VIOLENCE ...... 136 5.4 SERIOUSNESS OF DOMESTIC VIOLENCE IN THE MUSLIM COMMUNITY 137 5.5 TYPES OF DOMESTIC VIOLENCE APPARENT IN THE MUSLIM COMMUNITY ...... 139 5.6 REASONS FOR DOMESTIC VIOLENCE OCCURRING IN MUSLIM COMMUNITIES ...... 142 5.6.1 Socio-economic factors influencing domestic violence in the Muslim community ...... 142 5.6.1.1 Racial norms supersede Islamic norms ...... 142 5.6.1.2 Financial impediments lead to the occurrence of domestic violence .... 143 5.6.1.2.1 Men lacking economic resources resort to abusing wives ...... 143 5.6.1.2.2 Economic dependence sometimes means ‘she will stay’ ...... 145 5.6.2 Drifting away from Islamic norms and beliefs ...... 147 5.6.2.1 Respect for each other ...... 148 5.6.2.2 Socialising children in preparation for marriage: focus is more on women ...... 149 5.6.2.3 Verse 4:34: No, to domestic violence ...... 151 5.6.3 Fear of stigma ...... 155 5.7 ABUSE IS NOT A ONE-WAY STREET ...... 157 5.7.1 Financial abuse on the part of women ...... 157 5.7.2 Emotional provocation by wives being met with physical abuse by men ...... 159 5.8 SOMETIMES THE FAMILY IS THE PROBLEM ...... 160 5.8.1 Families think they are helping but they are not...... 160 5.8.2 You did not listen to us now bear the consequences ...... 162 5.8.3 Family afraid of how society will view them ...... 164 5.8.4 Some family members are genuinely worried ...... 166 5.8.5 They want to help but lack the resources...... 166 5.8.6 It depends on the structure of the family ...... 167 5.9 SUPPORT FOR WOMEN ...... 167 5.9.1 Financial empowerment to become autonomous ...... 167 5.9.2 They can only empower themselves if they are psychologically and emotionally grounded ...... 169 5.10 VIEWS ON RELIGIOUS LEADERS BEING TRAINED IN COUNSELLING ...... 171 5.10.1 Highly recommended...... 171 5.10.2 Islam’s view on counselling and academia’s differ ...... 174 5.11 IMPORTANCE OF PRE-MARRIAGE EDUCATION ...... 175 5.12. RESPONDING TO ACCUSATIONS PUT FORWARD AGAINST THEM ...... 177 5.12.1 Reconciliation at all costs approach ...... 177 5.12.1.1 Getting to the root of the problem and gaining an objective understanding of the problem ...... 179 5.12.1.2 Reconciliation is in the best interest of society ...... 179 5.12.1.3 Giving a divorce can come back and haunt you ...... 181

ix 5.12.1.4 There are limits to reconciliation ...... 181 5.12.2 Patience: virtue or endurance of pain ...... 183 5.12.2.1 What is the meaning of Sabr? ...... 185 5.12.2.2 Sabr also means lets follow due process ...... 186 5.12.3 Consult the right people: You wouldn’t go to an unqualified doctor ...... 188 5.12.4 Go to someone who is experienced ...... 188 5.12.5 Seek assistance from religious leaders who specialise in the field of domestic violence ...... 190 5.12.6 Limitations of what they can do ...... 191 5.12.7 Views on Muslim Personal Law ...... 193 5.12.7.1 Islamic law and South African secular laws cannot ‘mesh’ ...... 194 5.12.7.2 Use what you have and make the best of it ...... 195 5.12.8 Female support to victims when consulting religious leaders: Help or hindrance? ...... 197 5.12.8.1 It is of utmost importance to get women involved ...... 197 5.12.8.2 Women feel comfortable speaking to other women about sensitive issues ...... 198 5.12.8.3 Women can help but cannot have a say on divorce ...... 200 5.12.9 Helping the rich and powerful ...... 201 5.13 CONCLUSION ...... 202

CHAPTER SIX ANALYSIS OF RELIGIOUS LEADERS’ VIEWS: INTEGRATING THEORY ...... 205 6.1 INTRODUCTION ...... 205 6.2 DIRECT VIOLENCE: A MARITAL WARZONE ...... 206 6.3 INVISIBLE VIOLENCE PERPETUATED BY MEN IN A STATE OF HYSTERESIS ...... 207 6.4 THE CONTINUED INFLUENCE OF THE PATRIARCHAL FIELD ...... 208 6.5 INVISIBLE VIOLENCE PERPETRATED BY THE FAMILY ...... 211 6.5.1 Fearing disgrace is a form of structural violence...... 211 6.5.2 Socialising women to accommodate structural and direct violence ...... 213 6.5.3 “Disciplining wives” is a form of structural and direct violence ...... 216 6.6 RELIGIOUS LEADERS: SOLVING DIFFERENT FORMS OF VIOLENCE OR PERPETUATING AND MAINTAINING VIOLENCE ...... 217 6.7 A CULTURE OF VIOLENCE PERPETUATED THROUGH THE INTERSECTION OF DIFFERENT FIELDS ...... 227 6.8 CONCLUSION ...... 230

CHAPTER SEVEN RECOUNTING THE SLIPPERY PATH: REFLECTIONS, LESSONS AND RECOMMENDATIONS ...... 232 7.1 INTRODUCTION ...... 232 7.2 SUMMING KEY ARGUMENTS FROM THE LITERATURE ...... 233 7.2.1 Status of women in Islam ...... 233 7.2.2 Roles of men and women in the marital relationship ...... 234

x 7.2.3 Patriarchal and socio-economic dependence leads to women remaining in abusive relationships ...... 235 7.2.4 The family: A structure that promotes abuse ...... 235 7.2.5 Religious leaders accused of not assisting women ...... 236 7.2.6 Domestic violence or intimate partner violence ...... 236 7.2.7 Domestic violence is not just physical abuse ...... 237 7.2.8 Looking beyond physical violence ...... 237 7.3 FINDINGS CONCURRING WITH THE LITERATURE ...... 238 7.3.1 Men do not appreciate the role their wives play in a marriage ...... 238 7.3.2 No place for domestic violence in Islam ...... 239 7.3.3 Socialising children in terms of patriarchy ...... 239 7.3.4 Families: Complicit in domestic violence against women ...... 240 7.3.5 Verse 4:34 – The debate continues ...... 241 7.3.6 Muslim Personal Law: Some say yay, some say nay ...... 242 7.4 ORIGINAL FINDINGS EMERGING FROM THIS STUDY ...... 242 7.4.1 Support provided to women...... 242 7.4.2 Views on counselling ...... 243 7.4.3 Reconciliation in the interest of all parties ...... 243 7.4.4 Sabr does not mean turn the other cheek ...... 244 7.4.5 Women can assist but to a limited extent ...... 245 7.4.6 Importance of theoretical lenses ...... 246 7.5 RECOMMENDATIONS...... 246 7.5.1 Practical recommendations ...... 247 7.5.2 Recommendations for further research ...... 247 7.8 CONCLUSION: BRINGING THE STUDY TO A CLOSE ...... 248

REFERENCE LIST ...... 250 GLOSSARY OF TERMS ...... 263

CHAPTER ONE ADDRESSING A PAINFUL REALITY

1.1. INTRODUCTION

In the spring of 2000, sitting in the Stanger Jamea Mosque, I was listening to a religious leader providing a sermon on marriage. He made reference to the treatment of women and said that men should not physically abuse their wives. He cited the anger it created in our Prophet Muhammad (PBUH) when he was notified of a man hitting his wife. My parents always related the same message to my siblings and me. Yet as time went by, I would hear of family members being abused by their husbands. The literature I consulted indicated that many Muslim women were physically and emotionally being abused by their husbands. The religious leader’s words in the mosque seemed not to be heeded to. This indicated that the issue of domestic violence in the South African Muslim community, in an environment where Islam as a religion has come under serious scrutiny, needs to be investigated further.

1.2. PROBLEM STATEMENT AND RESEARCH QUESTION

The proposed study takes, as its starting point, the acknowledgement that domestic violence (in particular, wife abuse) persists across the Muslim community of South Africa, partly because agents and institutions that are expected to intervene, are often complicit or ineffective (Nordien, Alpaslan and Pretorius, 2003:46; Hoel, 2012:187-188; Rasool, 2012:154-157). While reliable statistics are difficult to attain, key informants at the Islamic Careline (Personal Communication, August 2015) suggest that the levels of wife abuse in the Muslim community are currently fairly high. Ngconco, (2007, cited in Johnston, 2007) of the NISAA Institute for Women’s Development in Lenasia states that domestic violence is “rife in the Muslim community”. “Misuse of the religion” by men and feelings of embarrassment by women inhibit efforts to get assistance (Ngconco, 2007, cited in Johnston, 2007:1). Apart from family and friends, religious leaders are viewed as an avenue of support when women are attempting to salvage their marriages or dissolve them. This study, thus, focuses on religious leaders and their responses to the abuse of married women at the hands of their husbands.

It is important to integrate an Islamic perspective on what guides the thinking on the resolution of domestic violence. The primary sources of Shariah (Islamic Law) are the Quran (Holy Scripture of Islam) and the Sunnah (practices and sayings of the Prophet Muhammad) (PBUH). They are used to guide the general behaviour of Muslims, including behaviour in the private domain such as marital

1 relationships (Suleman, 2011). Additionally, there is Ijma, which refers to consensus among scholars, and Qiyas, which refers to analytical deduction. Finally, there is Ijtihad, which refers to using the Quran and the Sunnah to make an independent legal decision (Gulam, 2016:324). In this respect, Abugideiri (2005:3) states that the Prophet Muhammad (PBUH) treated his wives respectfully, and encouraged others to follow suit. Al Khateeb (n.d.) points to various verses of the Quran, which clearly encourage men to treat women humanely. However, my own Master’s dissertation focusing on divorced Muslim women, as well as other sources of academic literature in this area, showed that many Muslim women endure different types of abuse (Nordien et al., 2003:46; Suleman, 2011:68- 69; Hoel, 2012:188-194). Thus, there seems to be a misfit between what is specified in Shariah, as to how it is practised by Muslims, and how it is stipulated by Muslim religious leaders. Abroad and nationally, there appears to be a misrepresentation of Quranic verses in that, arguably, men distort verses to justify the disciplining and abuse of their wives (Nordien et al., 2003:39; Abugideiri, 2005:2; Koc, 2016). The issue of domestic violence is dealt with in Chapter 4, Verse 34 (Shafaat, 2000):

“Men are (meant to be righteous and kind) guardians of women because God has favoured some more than others and because they (i.e. men) spend out of their wealth. (In their turn) righteous women are (meant to be) devoted and to guard what God has (willed to be) guarded even though out of sight (of the husband). As for those (women) on whose part you fear ill-will and nasty conduct, admonish them (first), (next) leave them alone in beds (and last) beat or separate them (from you). But if they obey you, then seek nothing against them. Behold, God is most high and great. (4:34)”

There are a number of issues that are raised in this verse. This verse expresses the position that men are maintainers of women as they are seen as physically stronger than women (Shafaat, 2000). Even though God is seen to be favouring men over women in this regard, it does not mean that men are superior to women; as misinterpreted by some readers of the Quran (Shafaat, 2000). There might be cases where women are favoured over men. The Prophet Muhammad (PBUH, cited in Al Khateeb, n.d.) stated: “be kind to women, you have rights over your wives and they have rights over you”. Doi (1992:10) agrees with this point by stating that the Shariah “[r]egards women as the spiritual and intellectual equals of men”. Men are supposed to engage in “strenuous labour” in order to maintain the family financially. Women are supposed to look after the home and take care of the upbringing of their children. The role that these women occupy is by no means inferior, as it is regarded as “work which has the greatest of importance in the task of building a healthy and prosperous society” (Doi, 1992:10). After the point on maintenance is made, the verse mentions obedience (Shafaat, 2000).

Al Khateeb (n.d.) mentions that obedience means adhering to norms set out by God and not that of another human being. Wadud-Muhsin (1992) gives a similar view, citing other verses in the Quran, whereby the word “obedience” is used to apply to both males and females. Obedience is measured according to one’s relationship with the Almighty (Wadud-Muhsin, 1992). Engineer (2005) indicates 2 that interpreting obedience as obedience to one’s husband is problematic. Wadud-Muhsin (1992) and Al Khateeb (n.d.) are of the view that obedience refers to obedience to God. However, Shafaat’s (2000) interpretation of obedience is different.

In his interpretation of the word obedience, Shafaat (2000), who is a commentator of the Quran, is of the view that it can have a dual meaning. It can mean obeying God, the Prophet Muhammad (PBUH), or the husband. In the instance of the second meaning, Shafaat (2000) states that women are encouraged to obey their husbands. However, it is not a prerequisite. She should only obey him if he adheres to Islamic norms and values. In assuming this role, a man cannot take on an authoritarian attitude (Shafaat, 2000). Men must consider the views and feelings of their wives. It might be that this dual meaning that Shafaat (2000) refers to, often results in ambiguous understandings and consequently, the justification for domestic violence and the disciplining of wives. Shafaat (2000) makes reference to this assumption:

“Some of these traditions are no doubt forged, being attempts by later Muslims to subjugate their women, but others look authentic.”

One of the predominant issues that this verse deals with is transgressive behaviour on the part of women, which is referred to as Nushuz. If women engage in Nushuz or transgressive behaviour, the verse prescribes steps as to how husbands should treat them. Transgressive behaviour (Nushuz) refers to situations where one party deliberately behaves in a manner that upsets the other party (Shafaat, 2000; Assad,n.d, Engineer, 2005). Engineer (2005) cites commentators’ views on the word. Citing the likes of Al Tabari, Engineer (2005) indicates that the word could mean engaging in infidelity as well as purposefully trying to upset one’s husband. Assad (n.d:167) gives a similar view, arguing that Nushuz refers to "ill-will" that implies “a deliberate, persistent breach of her marital obligations”. It should not be used to solve arguments that couples would normally have (Shafaat, 2000). The Arabic word “Izuhunna” in this verse, according to Karrim (2007) refers to “reminding them”. Karrim (2007) indicates that this word is mistranslated by some scholars as “admonish them”. Qutb (2001:136), for instance, argues that it is the right of the head of the family to admonish someone who engages in “untoward tendencies”. The correct meaning of the word is reminding them of God’s teachings so that they can “take heed” of their deviant behaviour (Karrim, 2007). Al Asi (2012:303) seems to agree with Karrim (2007), by arguing that “one-on-one counselling” is required, whereby a husband reminds his wife of her duty towards God, and the importance of their marital alliance; whereby he alludes to the importance of compatibility between them. The closeness they share should be between them and no one else. This approach should allow a woman to consider, if this was the case, why she wanted to have a relationship with another man besides her husband. By going against the laws of God, she finds herself being in danger of incurring His wrath. As a husband, he too has rights, and he

3 also needs to “safeguard his sexual morality”. If this does not work, then he should move towards the second step (Al Asi, 2012:303).

The second step “Wahjuruhunna Fil Madaji” is also often misinterpreted. Karrim (2007) is of the view that some interpreters such as Picktail and Arberry misinterpret this sentence as banishing one’s wife from one’s bed. This can be seen as abusive behaviour. However, according to Karrim (2007), it means that men, and not women, should leave the marital bed. The Prophet Muhammad (PBUH) stressed this in his farewell speech (Karrim, 2007). Al Asi (2012:303) points out that a husband may want to minimise his contact with his wife. However, he should only do so for three days. This communication breakdown will force a wife to reconsider her behaviour towards her husband. Qutb (2001:136) and Al Asi (2012:303) indicate that he should not leave the bedroom, but the matrimonial bed they both share. This means he should still sleep in the same room but not in the same bed as his wife. At this point, it is important that this matter be dealt with privately so that children are not adversely affected. Furthermore, if conflict takes place in public, the status of the wife in question will be demeaned. The aim of this step is to constructively deal with the deviant behaviour committed by the wife so that she can realise where she went wrong. It is not meant to humiliate her (Qutb, 2001:136). Wadud-Muhsin (1992) indicates that the overarching purpose of this verse is to restore the marital harmony, which was disrupted. Al Asi (2012:304) states that husbands need to employ a caring and sensitive mindset in these situations, which will not lead to the escalation of the problem. By alerting people in the public domain about the marital problem, a husband will be doing just that. This might not accomplish the task of rectifying the immoral behaviour of a wife. If anything, it will only reinforce such behaviour. The third and final step, “Wadribuhunna” has created the most controversy. Linguistically it is related to the word “Daraba” which means “hit” (Karrim, 2007).

Al Khateeb (n.d.) indicates that some translators argue that this word has been wrongly interpreted as arguably “beating”, because the Prophet Muhammad (PBUH) was strongly against the use of physical punishment of women. This is reflected in his own statement: “The strong man is not the one who can use the force of physical strength, but the one who controls his anger” (cited in Al Khateeb, n.d). Karrim (2007:19) states that this term Daraba is still distorted by some people who claim that the word means “physical abuse and harm”. However, this is a misrepresentation of the verse. According to Al Khateeb (n.d.) and Karrim (2007), beating refers to light beating, which does not cause any harm or pain. This is illustrated in the case of the Prophet Job (PBUH) in the Quran. Prophet Job’s (PBUH) wife denounced her faith. In order to punish her, he sought to beat his wife. God instructed him to hit her with a handful of fragrant grass (Karrim, 2007). Al Asi (2012:305) indicates that Muslim men are only allowed to hit their wives if all efforts to change what are deemed to be transgressive behaviours have failed. In this instance, still, he cannot use a cane or whip. The strength

4 behind the strike should be such that it does not cause any pain that can result in physical injury or lacerations. He should use a Siwaak, which means a twig in Arabic; that is used to clean one’s teeth (Al Asi, 2012:305). The purpose of this action is not to humiliate or degrade one’s wife. Shafaat (2000) gives a different view by stating that if we accept the view of the light beating of women, which is proposed by Karrim (2007), it will not change behaviour that is regarded as problematic. Hence, he is suggesting the use of force.

Shafaat (2000) indicates that a slap could be interpreted as having an undercurrent of love behind it with which a husband would want to save his marriage. However, Shafaat (2000) posits that this is only allowed in extreme cases when women’s behaviour is seen as “Nushuz” or transgressive. In his commentary, Al Ghazali (2005:61) gives a similar interpretation to Shafaat (2000) by stating that “physical punishment must be moderate and should not in any way touch the face or harm it”. Furthermore, Shafaat (2000) also states that a woman has a right to reject the beating, whereupon she can ask for a divorce. While the different commentators indicate that a man should beat his wife ‘lightly’, this interpretation is rejected without any fear of contradiction. The proceeding discussion will justify this position I strongly take.

A social justice movement called “Women’s Islamic Initiative in Spirituality and Equality” (WISE) which is sponsored by the American Society for Muslim Advancement, indicates that the Arabic word Daraba used in the above verse is interpreted incorrectly. This movement argues that it means “to go away from” instead of beating. They use the Prophet Muhammad’s (PBUH) lifestyle, the Sunnah, to justify this argument. Whenever the Prophet Muhammad (PBUH) had an argument with any of his wives, he used to “stay away” meaning he left the marital home instead of engaging in the use of “physical discipline” (WISE, 2015, 2017). Similarly, Wadud-Mushin (1992:76) indicates that the word could mean “leave” or setting out “on a journey”. She relates this to the second part of the verse where they share separate beds. If they continue to share separate beds, it means that differences are irreconcilable and, therefore, one would leave or get divorced. In an interview with Musaji (2007), Bhaktiar (2007, cited in Musaji, 2007) says:

“The word interpreted as “to beat” for over 1400 years in the Islamic world has over 25 meanings. Why choose a meaning that goes against both the legal and moral principles of the Quran and the Sunnah of the Prophet” [PBUH]?

Similarly, Abu Sulayman (2003:19, cited in Mubaruk, 2004:283), indicates that Daraba is “to distance, to depart, to abandon and so fort”. Like other scholars, Abu Sulayman (2003, cited in Mubaruk, 2004:283) and Bhaktiar (2007, cited in Musaji, 2007) use the example of the Prophet Muhammad (PBUH) who never hit any of his wives. The Prophet experienced marital discord. He

5 dealt with it by isolating himself from his wives. He suggested that they either stay with him or leave him.

Furthermore, Bhaktiar (2007, cited in Musaji, 2007) compares this verse to verse 2:231:

“When you divorce wives, and they (f) are about to reach their (f) term, then hold them (f) back hono[u]rably or set them (f) free hono[u]rably; and hold them (f) not back by injuring them so that you commit aggression, and whoever commits that, then indeed he does wrong to himself; and take not the [s]igns of God to yourselves in mockery. Remember the divine blessing of God on you and what He sent forth to you of the Book and wisdom [.] He admonishes you with it; and be Godfearing of God and know that God is knowing of everything.”

The above verse indicates that if a man decides to divorce his wife, he should do so in a just manner without harming her. According to Bhaktiar (2007, cited in Musaji, 2007), in Islam divorce is discouraged while marriage is encouraged. If the word Wadribuhunna in verse 4:34 means to beat them, then how is it that women who are divorced are to be treated justly, while those who remain married should be beaten? If Daraba means “hit”, Bhaktiar (2007, cited in Musaji, 2007) claims if women were aware of this contradiction between verse 2:231 and verse 4:34, no women would want to remain married.

In analysing the verse, Mubarak (2004) argues that one needs to look at the culture of people. Referring to the work of the religious leader Imam Shafi, she argues that language must be viewed in relation to the culture of people. One cannot view language without dissecting how people interpret the language. Mubaruk (2004), thus, investigated the Arabic dictionary of Ishfahani who provides different meanings of the word Daraba. For Mubaruk (2004:284), Daraba was meant to cause or “manifest in one”. It relates to leaving a “particular imprint” similar to how a mark was left with the introduction of currency, thereby leaving a lasting impression (Mubaruk, 2004:284). Therefore, for Mubaruk (2004), the verse means either adopting counselling or deciding not to have sexual relations with one’s wife. Mubaruk (2004) states that Daraba does not entail hitting because God would not want to set an example through violence. Mubaruk’s (2004) view is useful, though incomplete, because she limits it to counselling and sexual abandonment. She contradicts her previous statement, where she looks at the preceding and the proceeding verses. The proceeding verse calls for reconciliation, whereby mediators from both partners need to get together to try and solve the problem. Leaving the issue at suspending sexual relations, leaves the relationship at an impasse. The likes of Abu Sulayman (2003, cited in Mubaruk, 2004) and Bhaktiar (2007 cited in Musaji, 2007) seem to be more complete as they build on Mubarak’s (2004) views of setting an example. The Prophet set an example by distancing himself from his wives and offering them the option of staying in the relationships, hence considering reconciliation, or leaving him (Mubaruk, 2004).

If one reflects on the different interpretations of verse 4:34, rationally, any man who is religious will not strike his wife. Rationally and morally, a man should not beat his wife. Mubaruk (2004) indicates that the overall message of the Quran is one which advocates social justice. The message of the Quran and the practices of the Prophet (PBUH) are the two primary sources of law in Islam. One cannot justify domestic violence against women because it goes against the spirit of both primary sources of Islamic law (Mubaruk, 2004). Al Asi (2012:206) strongly condemns men who use verse 4:34 of the Quran to beat their wives and thus subject them to indecent treatment. Such behaviour cannot be rationalised using the Quran. Nonetheless, this same verse continues to be used by some men to justify physically abusing their wives.

Karrim (2007) acknowledges that the verse has been taken out of context by some people who distort the meaning of this word by stating it means “physical abuse and harm” resulting in men beating women indecently. This view is supported by Al Khateeb (n.d) who says that men use this verse to “control and abuse” women whereby they isolate them from public life such as: not seeing a doctor, visiting family members or attending functions, for example, a wedding ceremony, because they wrongly interpret the issue of obedience. Mubaruk (2004) argues that there is a view amongst Muslims not to question the classical exegesis of the Quran, because those authors were closest to the Prophet (PBUH). However, this view is problematic because a lot of these classical scholars provided interpretations which were influenced by the norms of the particular society in which they lived. Verse 4:34 begins by stating men are Qawwamun over women and that God has favoured some over others. Qawwamun means favoured. Over the years, many scholars such as Ansari (2006) and Koc (2016) have indicated that this means that men are the head of the household because they need to maintain the family economically and protect them. They suggested that God has assigned the role of leadership to men to avoid chaos, thus requiring one individual to act as an anchor. In this view, taking on this role does not allow a man to assume an authoritarian position, as he is a custodian. The Quran specifies mutual consultation between couples.

However, classical scholars such as Al Tabari, Zamakhshari and Razi indicated verse 4:34 requires women to be obedient to their husbands. They suggest this without providing any religious justification for their views. These scholars take a restrictive view (that of light beating) when considering verse 4:34 of the Quran. However, by promoting male dominance, they created the environment in which this verse could be manipulated (Sheikh, 1997; Mubaruk, 2004). Bearing these different views in mind, it can be argued that there are serious sociological nuances in Muslim communities, which are sometimes to the detriment of Muslim women.

To emphasise, there are differences of opinion on key aspects between different religious leaders. Theologically, it can be seen that religious leaders have different views on the roles of men and women in a Muslim marriage. Secondly, when it comes to physically beating one’s wife, we see definite nuances. It can, therefore, be argued that in a specific context, the prevailing theological view will influence how a man treats his wife. In South Africa, there remain archaic and strongly patriarchal beliefs about Muslim women needing to display obedience, and to refrain from questioning their husbands (Nordien et al., 2003:50). The extent to which Muslim religious leaders comply with these views and send abused women back to abusive relationships or whether they support these women, is unclear.

The specific concern of the present study was, therefore, to offer an in-depth understanding of Muslim religious leaders’ views on, and perceptions of, the violence experienced by Muslim married women (at the hands of their husbands). While there has been ample investigation of Muslim women’s experiences of violence, men’s voices on how they perceive their role and this issue are largely uninvestigated. In this study, it was important to consider how religious leaders, as an influential and predominantly male group, act to interpret the situation, offer advice, shape the discourse, and devise social interventions to assist abused women who approach them for help. The focus was on how they respond to married women. This was relevant because Islam does not permit men and women to be in an intimate relationship outside the institution of marriage (Suleman, 2011:15). As such, it can be presumed that it is mostly married women who seek assistance from the clergy to address violence in intimate unions (Abrahams-Fayker, 2011.:44; Hoel, 2012:188-194). Their advice and recommendations hold a considerable amount of power and authority, guide men and women, and the Muslim public, in either reinforcing or challenging this type of violence. The majority of the clerics are male (Abrahams-Fayker, 2011). Evidence suggests that the advice provided by clerics is influenced by gender.

Hoel (2012:194-196) indicates that Muslim women who utilise the Muslim Judicial Council (MJC), often experience feelings of disempowerment and intimidation. They feel that the clerics representing this organisation, do not empathise enough with their traumatic experiences. Additionally, they are seen as favouring husbands in marital disputes. Abrahams-Fayker (2011.:44) is of the view that clerics deploy a conservative interpretation of the Quran. Abrahams-Fayker (2011:47) also states that as long as Muslim marriages are not legally recognised, Muslim women will “not enjoy the protections offered by civil marriages”. This is a pertinent point regarding this topic, as Surtee (2012) makes reference to religious leaders’ antagonism towards the proposed Muslim Marriages Bill. Ebrahim Moosa (2010), as well as Dadoo and Cassim (2012), provide reasons for the antagonistic attitude adopted by religious leaders.

Legislating Muslim Personal Law in South Africa can be traced back to the time when the nationalist government was in power. In 1987, the South African Law Commission asked Muslim religious organisations to fill in a questionnaire relating to issues on Muslim Personal Law. This initiative was supported by prominent theologians such as the Jamiatul Ulema, MJC, Majlisul Ulema and the Islamic Council of South Africa. These groups are considered as conservative in nature. However, progressive groups such as Qibla and the Muslim Youth Movement (MYM) were against this initiative because they saw such engagement as collaborating with the apartheid regime. Both sides saw the need for the legislation of Muslim Personal Law as it would affect the lives of ordinary Muslims on the ground. However, differing political opinions led to the issue becoming controversial. The African National Congress (ANC) promised to deal with the issue of Muslim Personal Law once it came into power. The reason the government decided to initate this process was because women and children were denied benefits due to Islamic law being practised on a “de facto basis” (Nadvi, 2008:625). The government was serious about addressing Islamic beliefs as secular courts were dealing with issues relating to Muslims such as marriage, which was not recognised by the government. What the newly elected government failed to realise, were the deep divisions entrenched in the South African Muslim community. The ANC created a body called the Muslim Personal Law Board that consisted of all the major stakeholders. This, however, was not successful as conservative religious leaders did not want to liaise with women and there was a re-emergence of old feuds with progressive religious leaders (Nadvi, 2008; Moosa, 2010; Dadoo and Cassim, 2012). Due to irreconcilable differences, this body was dissolved.

In 2003, the South African Law Reform Commission looked at the issue of Muslim Personal Law. A draft Bill was produced relating to issues on economic equity in the marriage, polygyny and divorce. However, this draft Bill was met with antagonism by ultra-conservative religious leaders. Ultra- conservative leaders, following the school of thought that originated in India, convinced religious bodies that the draft Bill was un-Islamic. Those considered to be moderate religious leaders, whom Moosa (2010) implied, belonged to some of the predominant religious organisations, were heavily chastised by conservatives. These moderate religious leaders were considered as demons for viewing Muslim Personal Law positively (Moosa, 2010). In 2010, a new draft was created. In this draft, judges who were not Muslim were allowed to preside over issues relating to Muslim Personal Law. Arbitration was abolished (Dadoo and Cassim, 2012). Advocate Zaheer Omar (2015, cited in Voice of the Cape, 2015), who acted on behalf of a number of ultra-conservative bodies, argues:

“All laws made by parliament in our country is subservient to our constitution. That means if our parliament makes a law that conflicts with the constitution of our country then that law will either be made unlawful or it will be adjusted to conform to our constitution. For example, Quran provides that only a man can pronounce the Talaq. That is considered unconstitutional.”

In this regard, Tayob (cited in Surtee, 2012) makes a crucial point, which highlights the importance of the study. He feels this antagonism towards Muslim Personal Law by conservative religious leaders, is rooted in the patriarchal status quo, which will be challenged by this Bill. Dadoo and Cassim (2012:278) make a similar point by referring to the Majlisul Ulema in Port Elizabeth. This organisation produced a twelve-page document showing their disagreement with the Muslim Marriages Bill of 2010, arguing that it is a form of “unjustified state control over Muslim Personal Affairs” (Dadoo and Cassim (2012:278). According to Dadoo and Cassim (2012), this is a manifestation of traditional Muslim religious leaders wanting to keep control over Muslim personal matters. Those religious leaders who lent support to the 2003 Bill were unhappy with the new reforms, namely: the use of non-Muslim judges and the removal of arbitration (Dadoo and Cassim, 2012). Amien (cited in Surtee, 2012) argues that this Bill gives Muslim women a much-needed platform to address the abuse they have endured in marriage and “much-needed protection” as a result of their husband’s lack of adherence to Shariah. In 2018, High court Judge Shiraz Desai ordered that the Muslim Marriages Bill be enacted by the president of the country as well as the Department of Justice and Home Affairs within 24 months of the ruling. In that time, Desai ordered that the Divorce Act of 1979, be used to assist Muslim women married under Muslim Customs. While indicating that 24 months is long, the ruling was welcomed by the Women’s Legal Centre (Dano, 2018). The Muslim Judicial Counsel which came under severe scrutiny for dealing with domestic violence in the Muslim Community in Cape Town, also welcomed the ruling (Dano, 2018; Hoel, 2012). The organisation's deputy president stated:

“The significance of this judgment is that the president of the country has now been tasked to enforce the legislation. We would like to remind the president that he can make his mark in history by recognising the Muslim community in their marriages - which is long overdue” (Dano, 2018)

An important implication regarding religious leaders can be made here. Considering Tayob’s (cited in Surtee, 2012) view along with that of Abrahams-Fayker (2011), questions have to be asked on the role religious leaders assume when dealing with the issue of domestic violence in the Muslim community.

This study probed at length Muslim religious leaders’ views and perceptions of violence against women. Furthermore, the issue of the leaders’ masculine identities and how this shapes their interpretation, adoption or defying of Islamic norms and values in order to assist (or not) abused women (Abumere, 2013:43-44), was considered. Their views on verse 4:34 was probed. In particular, their views on the meaning of the word Daraba was sought.

To reiterate: What role do religious leaders play in addressing and speaking to the issue of domestic violence experienced by married Muslim women? More specifically, how do they advise women who consult them on these matters to address abuse in their marriages?

1.3. OBJECTIVES OF THE STUDY

The objectives of the study can be stated as follows.

To:

 Solicit the general perceptions of Muslim religious leaders on why violence occurs within marriage, and what the rights of wives are in marital relationships.

 Examine the particular views of Muslim religious leaders on their Islamic understanding of abuse experienced by married Muslim women.

 Interrogate the reflections of Muslim religious leaders on the advice provided to married women in domestic violence situations.

 Obtain Muslim religious leaders’ perceptions of how abused women can be better assisted by them.

 Construct policy recommendations to assist Muslim religious leaders to devise appropriate responses for abused women in marriages.

1.4. OVERVIEW OF STUDY

This study consists of seven chapters. As this research focuses on marriage in an Islamic context, the second chapter offers insights on the status of women in Islam and, specifically, the marital relationship. This is followed by a theoretical chapter; explaining domestic violence with a broader violence framework, which explains violence beyond its visible manifestations. As this is a sociological study, the chapter ties the different strands together in explaining domestic violence sociologically. Using the theoretical instruments discussed in this chapter, it then proceeds to explain the deviations from Islamic law, which have resulted in the denigration of women in the marital relationship. Chapter Four provides a discussion on why the use of a qualitative methodology was useful in this study. Chapter Five will provide a discussion and analysis of the findings, including religious leaders’ views, religious leaders’ responses, and their suggestions for improving services to women. Chapter Six will analyse the results using themes in relation to sociological theories of

11 violence. Chapter Seven will conclude the study. This chapter will answer the research questions and recommendations will be provided at a theoretical and policy level.

1.5. CONCLUSION

There has been immense curiosity about Muslim religious leaders, their influence, and the roles they play in various sectors of society, for example, in politics, economics, and the family. This study interrogated and analysed their voices on the question of domestic violence and wife abuse, a topic that has not as yet been addressed at the doctoral level in South African Sociology. The religious leaders offer discussions about the challenges they face when contending with domestic violence in a country where Islam is not the dominant religion. The strands of the study add content to the subdisciplines of Sociology (such as sociology of religion, and sociology of gender and family sociology) through the production of original findings and engagement with sociological theories of violence that interrogated their views and responses.

By providing a religious discussion on the status of women in Islam with specific focus on the primary sources of Shariah, readers will be able to objectively understand the role of women in Islam. The study will also allow readers to understand how Muslim leaders make sense of gender issues in the context in which they find themselves. Delving into these issues allows this study to make recommendations of how Shariah can be used to positively assist abused women.

CHAPTER TWO AN EXPLORATION OF THE ROLE OF MUSLIM WOMEN IN THE MARITAL HOME

2.1 INTRODUCTION

Perceptions of women as biologically weaker than men have led to their being exploited in various ways throughout history. Philosophers such as Aristotle (cited in Ansari, 2006:211) have been antagonistic in their views of women. In Aristotle’s view, women are “freaks of nature” who were created “when the real human being” that is, men, were not being produced (Ansari, 2006:211). Islam views the men and women as different, but equal (Nawab, 1997; Suleman, 2011). Ridley (2006), a convert to Islam, suggests that women in the West are only appreciated for their physical beauty. In a society where men are viewed as superior beings, women suffer from different kinds of abuse. For example, under the disguise of marketing, women are sexually exploited:

“Western women are still treated as commodities, where sexual slavery is on the rise, disguised under marketing euphemisms, where women's bodies are traded throughout the advertising world. As mentioned before, this is a society where rape, sexual assault, and violence on women are commonplace. [A] society where the equality between men and women is an illusion, a society where a woman's power or influence is usually only related to the size of her breasts (Ridley, 2006 :1-2.).”

In the work environment, women are exploited in that they may do the same tasks as men, but still earn lower wages than men (Ridley, 2006:1-2). Resistance from women in the workplace is often met with hostility or disdain from men. Historically, the feminist movement sought to address the inequalities women faced (Dobash and Dobash, 1979; Kurz, 1989); yet their critical voices and ameliorative actions have been met with harsh patriarchal responses. This is illustrated by American televangelist, Pat Robinson.

In 1992, he offered this cynical and hostile summary of feminism:

“Feminism encourages women to leave their husbands, kill their children, practice witchcraft[,] destroy capitalism and become lesbians” (Bent, 2012).

The question one might ask is: why begin with a Western view on women and the contradictions that lie in this cultural system? The reason is that this cultural context has criticised religion, specifically, orthodox Christian and Islamic views for awarding women an inferior status and placing them on society’s periphery. Progressively, over time, feminists have sought to engage with religious views that hamper women’s progress and contribute to their oppression. In the post 9/11 society, the

13 spotlight has zoomed in on Islam and its treatment of women. The banning of the Burkini in France bears testament to this (Dearden, 2016).

The Burkini, a modest garment, was created by a Muslim Australian, Aheda Zanetti (2016) so that Muslim women could integrate into multicultural societies such as Australia. They could swim in public pools and engage in sporting activities without compromising the modest prescriptive norms that influence their identities. Yet this garment is now being banned in many countries such as France which claims that it is against its culture. Zanetti (2016) states:

“This negativity that is happening now and what is happening in France makes me so sad. I hope it[is] not because of racism. I think they have misunderstood a garment that is so positive – it symbolises leisure and happiness and fun and fitness and health and now they are demanding women get off the beach and back into their kitchens? This has given women freedom, and they want to take that freedom away? So who is better, the Taliban or French politicians? They are as bad as each other.”

In Britain, similar issues surrounding Islam’s view on the prescription of women’s dress code were also questioned by British politicians. In 2006, then Foreign Minister, Jack Straw saw the Nikab as an “unwelcome barrier” (Ridley, 2006:1-2) stating that “[y]ou cannot force people...where they live, that's a matter of choice and economics, but you can be concerned about the implications of separateness, and I am” (Sturcke, 2006). Gordon Brown, who hails from Scotland, where it is normatively sound for men to wear skirts, also had disparaging comments on the Nikab (Ridley, 2006:1-2.). How does all of this information relate to the topic of this thesis, which is Muslim religious leaders’ views on domestic violence? Grewal (2009) indicates that in the United States of America (USA), when domestic violence is discussed, immediately, Islamic culture is under scrutiny. Grewal (2009) uses the example of Aasiya Hasan to make her point. Aasiya Hasan was a Pakistani/American television executive who was murdered by her husband. Prior to her husband decapitating her, she filed for divorce and asked for a protection order. Grewal (2009) indicated that when an incident involves a Muslim who is non-white, their religion is seen as a cause of violence. Yet, when it is a white victim abused by her white partner, focus shifts to the individual’s mental health instead of culture. While there is Islamophobia globally that blurs the understanding of the Islamic culture and practices, it is important for Muslim theologians and academics to probe why women are victims of domestic violence and other forms of discrimination in their respective communities. Reflective thinking is required to properly consider the position of Muslim women in differing societal contexts in order to create a discourse that counteracts Islamaphobia on the one hand. In doing so, the Muslim community can, on the other hand, deal with issues which are contrary to the stipulations of the Quran and the Prophet Muhammad’s (PBUH) teachings.

Countries like Saudi Arabia restrict the movement of women (Al Asi, 2012). Historically, women in Saudi Arabia could not drive. Recently this law has changed. Women can also travel on their own without a male guardian (Tarabay, 2017). Despite this change, women are still facing other social restrictions. While they can travel without a male guardian, if they suffer domestic violence, they cannot make a complaint on their own. Instead, the male guardian needs to make the complaint, if he or she feels there is a need (The Week, June 2019). In Afghanistan, using their interpretation of Shariah law, the Taliban placed severe restrictions on women. According to Amnesty International (2013), women in Afghanistan were:

 “Banned from going to school or studying.”

 “Banned from working.”

 “Banned from leaving the house without a male chaperone.”

 “Banned from showing their skin in public”.

 “Banned from accessing healthcare delivered by men (with women forbidden from working, healthcare was virtually inaccessible).”

 “Banned from being involved in politics or speaking publicly.”

According to Jain (2019) from Reuters, women in Afghanistan still face discrimination. Prominent Afghan Journalist, Mena Mangal was murdered by a group of men because she chose to continue her career and appear on television. The Taliban bombed a US-funded aid group ‘Counterpart International’ using intermingling of the sexes and Western activities as reasons to justify their attack. Women who yearn to be financially independent are susceptible to hostility by radical groups and family members. Domestic violence and broader discrimination of women are still prevalent in the country (Jain, 2019).

In Pakistan, women also face restrictions such as not being allowed to choose their own marital partners and being subjected to acid attacks from potential suitors. Local newspaper The Dawn, reported that it is “widely documented” that women are victims of “acid crimes for rejecting marriage proposals, for arousing jealousy among relatives, or, in some way or the other, for having provoked patriarchy” (Dawn , 2018). Bought cheaply, acid is used to maintain patriarchal norms of men being in control of “women's bodies” as well as their “actions” (Dawn, 2018). These acts are often committed by family members. Recent legislation has not assisted in curbing these attacks (Dawn, 2018). Furthermore, if they are abused by their husbands, their sisters-in-law refuse to support them on the grounds that they received their inheritance. Their brothers do not allow them to work as it would affect the “family’s honour” (Rabbani, Rizvi and Qureshi, 2008:422; Suleman, 2011). Chapter

One makes reference to domestic violence in different Muslim communities across the globe. Important discourses on this issue have been evident. This chapter touches on this by demonstrating how the boundaries of multiculturalism and religion need to be separated in instances where religion is mistaken for its adopted culture. Cultural hybridity happens when different cultures intertwine (Singh, 1999). Since its inception, Islam has spread to different countries and became intertwined with cultures that are discriminatory and patriarchal in nature, which resulted in a hybridised form of Islam being practised. As Islam spread across the world, with various cultures, certain cultural practices it encountered became intertwined with the religion. Some of these practices were patriarchal, which are contrary to the Shariah (Ridley, 2006 :1-2.; Suleman, 2011). This chapter will demonstrate how the hybrid that was born out of this marital alliance between Islam and different cultures, is one among many that denigrates the status of Muslim women. This is indeed pertinent to this study as there is evidence that Muslim religious leaders are influenced by cultural practices that are patriarchal in nature. Importantly, it is also important to remember that Islam arose in a society which was patriarchal. As Mubaruk (2004) points out, many exegeses of the Quran were influenced by patriarchal norms of that particular society. The patriarchal norms can influence how people interpret the Quran, which can lead to domestic violence.

This chapter aims to provide insight into the rights of Muslim women, which are stipulated in the primary sources of Islamic law. This endeavour involves looking first at the rights Islam awarded women in a pre-Islamic Arabian (now known as Saudi Arabia) society where they were severely marginalised. Educational, political and economic rights are dealt with in this section. As this thesis involves marital relationships, the chapter then funnels down to the section on women’s rights as wives. This chapter aims to demonstrate that as societies have evolved, so has Islam. Therefore, of the many hybrids that have been produced throughout centuries, one that was produced, is a patriarchal version. This chapter seeks to demonstrate how such a hybrid is not representative of Islam according to the primary sources of Shariah. It also shows how patriarchy is still present in countries that are predominantly Muslim.

2.2 RIGHTS OF WOMEN IN ISLAM

The Prophet Muhammad (PBUH) was born in a culture that held similar views to that of Aristotle. Men practised polygamy unrestrictedly. Women neither had rights to education nor inheritance (Wadud-Muhsin, 1992:9; Nawab, 1997). Before Islam’s inception in Arabia, female infanticide was a predominant ritual (Nawab, 1997). Islam, via its primary sources, sought to address these inequalities. The issue of female infanticide was addressed in Chapter 16 of the Holy Quran:

“And when news is brought [t]o one of them, (of birth of) a female child, [h]is face darkens and he is filled with inward grief! With shame does he hide himself [f]rom his people, because of [t]he bad news he has had! Shall he retain her on (sufferance) and contempt, or bury her in the dust? Ah! [w]hat an (evil) choice they decide on” (Holy Quran 16:58-59 cited in Nawab, 1997:45).

This assertion of the above verse is supported by the Sunnah. The Prophet Muhammad (PBUH) stated:

“Whosoever has a daughter and he does not bury her alive, does not insult her and does not favour his son over her, God will enter him into paradise” (Prophet Muhammad (PBUH) cited in Nawab, 1997:45).

The Prophet’s (PBUH) wife Umme Salamah, along with other women, were worried that the religion did not provide them with the rights they lacked in pre-Islamic Arabia. Umme Salamah was of the view that women should gain rights of full citizenship, and that women should have a say in issues relating to politics and military (Mernissi, 1991; Koc, 2016). Well-renowned feminist, Fatima Mernissi (1991), indicates that Umme Salamah asked the Prophet (PBUH) why women were never mentioned in the Quran. It was after this that the Prophet Muhammad (PBUH) received a revelation from God indicating the equality of men and women. This can be found in Chapter 33, verse 35 of the Quran (Mernissi, 1991:119):

“Lo men who Surrender to Allah and women who surrender, and men who believe and women who believe, and men who obey and women who obey and men who speak the truth, and women who speak the truth, and who persevere in righteousness and women who persevere, and men who are humble and women who are humble, and men who give alms and women who give alms, and men who fast and women who fast, and men who guard their modesty and women who guard (their modesty), and men who remember Allah much and women who remember – Allah hath prepared for them forgiveness and a vast reward.”

The above verse puts men and women on equal footing in the eyes of God. It sought to award women many of the rights which they were previously denied. These rights included, rights to education, participation in politics and rights to finance.

2.2.1 Rights to education

In addition to the eradication of female infanticide, the Prophet Muhammad (PBUH) placed an important emphasis on the education of women by stating:

Seeking knowledge is mandatory for every Muslim male and female (Nawab, 1997:46).

Ansari (2006) shares this view stating that the Quran and the Hadith did not make any distinction between men and women when emphasising the importance of knowledge. Nawab (1997:46) asserts that this had an effect on the Arabian social order as women who were regarded as “mere chattels”

17 became learned figures. In this regard, the Quran states both Muslim men and women are instructed to say:

Say Lord, increase me in knowledge (Chapter 21:14 of the Quran cited in Bewley, 1999:7).

Knowledge is important because without it, individuals will not be able to take a stance between what is “right” and what is “wrong” (Bewley, 1999:7). Chapter 67, verse 10 of the Quran is indicative of this (Bewley, 1999: 27). The Prophet Muhammad (PBUH) indicated that the “heirs of the prophets” are people who are knowledgeable. His wife, Ayesha, was an example of a knowledgeable woman who was awarded status in an Islamic society (Bewley, 1999:7-9).

Ayesha became a learned scholar in Islamic jurisprudence as well as an authority on the Hadith. The fact that she was a woman did not deter her from gaining knowledge, nor did it demean males who sought knowledge from her. Well-renowned male companions of the Prophet (PBUH) sought knowledge on Islamic jurisprudence from her. Companions such as Abu Musa Al Ashari and Urwa, the son of Zubayr, spoke glowingly of her knowledge (Bewley, 1999:9). Nawab (1997:88) makes a similar point stating that among the companions of the Prophet (PBUH), eminent persons such as Umar, his son Abdullah and Abu Hurayrah “sought her advice on a variety of matters”. She narrated 2210 authentic sayings (Hadith) of the Prophet Muhammad (Nawab, 1997:88). Her knowledge was not limited to only Islamic jurisprudence. She was well versed in areas such as poetry and medicine (Bewley, 1999:7-9). If Islam was a religion that was fundamentally patriarchal, would eminent scholars seek the opinion of a woman who was also younger than some of them?

The Prophet Muhammad (PBUH) (cited in Faizi, 2001:215) is reported to have said: “[s]eeking knowledge is mandatory for every Muslim.” He went about implementing what he said. He provided a social space where women could attain knowledge (Sada, Adamu and Ahmed, 2005:9). Upon request, the Prophet Muhammad (PBUH) would provide classes for women. He assigned women to teach other women. He also assigned one of his closest companions, Umar, the son of Khattab, to teach women (Bewley, 1999:9). The Prophet Muhammad (PBUH) allowed them to ask him questions on a variety of issues which were political, social and economic in nature (Faizi, 2001:215). The Prophet Muhammad (PBUH) allowed them the status to not only gain knowledge, but also to challenge those who implemented the Shariah in an incorrect manner. After the death of the Prophet (PBUH), Ayesha would correct male leaders such as Umar, Uthman and Ali on the Hadith. It was not only Ayesha who would make her opinions known. When Umar became the ruler of the Islamic Caliphate, he sought to limit the dowry that women could demand of their husbands in order to ensure a system where all men could have the means to marry. Yet, it was a woman who condemned him, saying that Shariah does not give him the authority to do so (Bewley, 1999, 8-9). Nawab (1997: 47),

18 is of the view that women are cradles of education to their children; hence, they need to learn. If they are learned, they can pass their education on to their children who can use it to become valuable members of society. The important point to bear in mind is whether social avenues were created in different social contexts for Muslim women to be educated. It is found that in many instances education of women is frowned upon. Practically, in some countries, women have found it difficult to gain access to education

Once just a desert, Abu Dhabi became industrialised and modernised under the leadership of oil mogul, Sheikh Zayed, who promised to use his wealth economically, socially and medically to improve the lives of people in the region. Many professionals from abroad were appointed, as Abu Dhabi did not have the intellectual capital to make the Sheikh’s dreams a reality (Ahmed, 2000). Laila Ahmed was such an individual. She was the only woman appointed on a committee to oversee educational reform. The only reason she says she was appointed, was that she held a doctorate. Ahmed (2000) sought the opinions of local people in the region. She found that most of the local residents favoured the notion of women becoming educated in fields such as engineering. However, the head of the committee did not feel the same (Ahmed, 2000:83-84).

“If we, the committee, gave the locals what they wanted, the entire basis of society would be destroyed. For society depends on women's role in the family, and on their willingness to be the servants of men. Had the local people thought of such things? Of course not! Our job was to think of these things and to plan an educational future for the country consonant with the Islamic principles on which the society – and the national constitution – was based” (Ahmed, 2000:83-84).

Ahmed (2000) reflects on her personal understanding of Islam. Her mother and other women educated her informally. She thought that Islam was passive and mystical. She contrasts this with Zainab Al Ghazali, who was part of the Muslim Brotherhood in Egypt. Al Ghazali’s Islam was very different. Al Ghazali exemplified active Muslim women who were brave warriors in battles. Ahmed (2000) feels that different interpretations of Islam between herself and Al Ghazali were ascribed to from whom they received their Islamic education. Al Ghazali’s father was allowed to attend university, such as Al Azhar when he learnt about women being brave. Ahmed (2000) learnt from her mother, while Al Ghazali learnt from her father. Ahmed’s (2000) mother, like many Muslim women in the Middle East, did not have access to the literature that men had. They were also denied the right to attend mosques in order to hear the sermons provided. As a result, in her opinion, the Islam women were exposed to, was very different from that of men (Ahmed, 2000).

“The Islam I received from the women among whom I lived was part of their particular subculture: there are not just two or three different kinds of Islam, but many different ways of being Muslim. But what is striking to me now is not how different or rare the Islam in which I was raised is, but how ordinary and typical it seems to be. After a lifetime of meeting and talking

with Muslims from all over the world, I find that this Islam is one of the common varieties – perhaps even the common or garden variety – of the religion.” (Ahmed, 2000:94).

Ahmed’s (2000) view shows how Islam became hybridised from the Islam of the time of the Prophet Muhammad (PBUH). Gender inequality is an issue that has persisted in Muslim countries. In certain Arab states, 54% of girls are removed from school. This figure has shown no signs of changing, according to Asadullah (2014), a professor in Development Economics at the University of Malaysia. He indicated that of the ten countries with low attendance rates, seven were Muslim countries. Abbasi-Shavazi and Torabi (2012) indicate that stratified gender roles, lack of access and difficulty of access to educational facilities have led to this predicament of gender disparity in education. According to these authors, countries with entrenched patriarchal institutions, may view women as having no role to play in any sphere other than the domestic sphere. In highly populated rural areas in Muslim-dominated countries, women do not receive an education. As Islam spread to various parts of the world, it became intertwined with different cultures. This is why women in Muslim countries received education at a lower rate compared to men. (Abbasi-Shavazi and Torabi, 2012).

Bearing these views in mind, there have been changes. While there have being improvements due to changing attitudes and modernisation, patriarchal norms and lack of educational facilities particularly in rural areas in countries such as Iraq, Lebanon and Oman, have contributed to girls not achieving the same literacy rate compared to boys. However, in other countries such as Iran, there have been improvements in making educational facilities available in rural areas. Previously in Islamic countries, women getting married at an earlier age were also seen as a contributing factor towards their not obtaining an education. However, now that they are getting education, changes are apparent both demographically and socially (Abbasi-Shavazi and Torabi, 2012). Asadullah (2014) indicates that in certain countries such as the UAE and Bahrain, more girls are attending secondary schools than boys.

We see that Muslim women’s rights to education are not only curtailed in the Middle East, but also in other parts of the world, for example in Asia and Africa respectively.

Describing the situation in Pakistan, Rabbani et al., (2008:420) indicate

“In early Islam, women excelled in scholarship, medicine and warfare. However, with the passage of time, based on the Islamic teaching of tolerance and respect for other religions, the area that now comprises Pakistan absorbed much from the prevalent local cultures.”

Rabbani et al., (2008) indicate that one of the reasons why domestic violence is so high in Pakistan is gender inequity. Some men are viewed as superior to women. Some women are denied rights to education, they lack the self-determination that will allow them to make decisions, and they lack

20 abilities to gain an income. They are also prohibited from asking male family members for assistance. These reasons not only make these women susceptible to domestic violence, but also to other types of violence (Rabbani et al., 2008). The example of the attempted murder of Malala Yusufzai by extremists (the Pakistani Taliban), illustrates this point. The Pakistani Taliban issued a warning against women gaining an education in the “SWAT” region of Pakistan. Yusufzai, a young girl who advocated for women rights to education in the region, was shot in her head for taking an opposite stance to the Pakistani Taliban (Husain, 2013; Asadullah, 2014). Pakistan’s neighbour, Afghanistan, seems to be in a similar situation. According to Amnesty International (2013), while the Taliban ruled, women were not allowed to go to school. Not much seems to have changed since the post 9/11 coalition forces dethroned the Taliban. Ridley (2006) states that Women in Afghanistan feel that the “West” should stop its obsession with the Burka (head covering), and worry about providing education to their children without them being kidnapped (Ridley, 2006). Ridley (n.d., cited in Miller, 2012) who was held captive by the Taliban, interviewed by Miller (2012) from “Women’s Views on News”, indicated that when she read the Quran, she realised that women are equal to men in “spirituality, worth and education”. Seemingly making the same point as Rabbani et al., (2008), Ridley (n.d., cited in Miller, 2012) notes that patriarchal cultures ‘hijacked’ the religion and used it to oppress women as second-class citizens. This hijacking, however, has not been consistent in Asia.

Indonesia, a country that demographically constitutes the highest population of Muslims, achieved gender parity while in Malaysia, there are more girls than boys in schools. This has been due to the promotion of democratic ideologies in these countries, which have in turn led to progressive policies ensuring gender equality. In Bangladesh, there was a strong initiative to produce female entrepreneurs. It is this world view that sees it occupying a more favourable position compared to Pakistan, where girls’ education is concerned (Asadullah, 2014).

In Northern Nigeria, young girls are denied the chance to go to school. This is due to the poor economic situation families find themselves in. Mothers rather have their children involved in child labour, often in dangerous environments, which is detrimental to one’s health. Children “hawk” or sell the products their mothers produce instead of going to school. The proceeds can be used to buy the girl’s “trousseau” when she is ready for marriage, or to supplement the family income (Sada, Adamu and Ahmed, 2005:8-9). Such a practice is reminiscent of how women were treated in West Africa in the 19th century. Sheikh Bin Fudi, who is considered a Jihad leader, fought against this form of oppression where religious leaders denied women rights to education, at the time. It is the responsibility of the parents to ensure their children gain an education, irrespective of gender as this is established in the Shariah (Sada et al., 2005). In 2014, Assadullah (2014) reminded readers of the abduction of 276 girls in the Borno state situated in Northern Nigeria by the extremist group Boko

Haram (Impermissible) because they were opposed to secular education. This led to parents being petrified and as a result they began taking their children out of school.

Using a cohort analysis in measuring women’s education across 151 countries, McClendon, Hackett, Potancokova and Stonawksi (2018) found Muslim women who were part of the oldest cohort, were lagging behind women from other faiths. However, with the youngest cohort, the authors found an increase in the number of years students spent in school. Muslim women were more likely to gain an education in non-Muslim countries compared to Muslim countries. However, in Muslim countries located in the Middle East and Europe, women were increasingly gaining an education at both primary, secondary and tertiary level. These authors found that it was access to resources in contrast to religion or democracy, which played a role in women gaining an education. Countries in sub- Saharan Africa and on the Indian subcontinent have made very little progress.

Historically, Muslim women were given not only educational rights, but also political rights.

2.2.2 Political rights

When the Prophet Muhammad (PBUH) formed the Islamic State in Madinah, the opinion and views of Muslim women were considered; they played a part in the formation of the Islamic state. The knowledge of his wives, such as Ayesha, who possessed knowledge in Islamic jurisprudence, made them contributors to the formation and maintenance of the Islamic state (Nawab, 1997:56-57). Women were given rights to vote, as well as to sit as members of committees and act as public officers of the state (Bewley, 1999:31; Yusuf, 2005:7). Koc (2016) cites the work of feminist writer Fatima Unsal. Unsal indicated that the Prophet Muhammad (PBUH) encouraged women to attend small mosques and provide opinions on societal issues. These mosques provided the simultaneous purpose of universities and parliament (Koc, 2016:179). Well-known examples were Samra, the daughter of Nuhyk and Ash Shifa, the daughter of Abdullah, who acted as market officers (Bewley, 1999:31; Yusuf, 2005:7). Bewley (1999:31) elaborates on Ash Shifa in particular who assumed a supervisory role in the market to make sure people acted according to Islamic norms. Ash-Shifa, which means healing, was knowledgeable in medicine and public administration. She was known to possess a sound intellect (Bewley 1999:31). Shukla and Shukla (1996) indicate that the Prophet’s wives, Khadija and Ayesha, along with his daughter Bibi Fathima, as well as women such as Zubeida and Buran, played an important role in public affairs. According to these authors

“Islam was the first religion to accept [a] woman as a legal entity and accord her rights in matters of [d]ivorce [,] property inheritance, custody of children and maintenance, etc. The Holy Quran lays down that her obligation equals her rights” (Shukla and Shukla, 1996:8).

In terms of playing a role in forming and defending the Islamic state, women did not only act as public officers, but as military personnel as well.

Before the advent of Islam, women used to participate in warfare. The Prophet Muhammad (PBUH) did not stop the practice. Women took part during battles in order to protect the Islamic state. Nusaybah Al Ansariyya and Saffiyah, the aunt of Muhammad (PBUH) were well-known warriors in battle (Nawab, 1997:56; Bewley, 1999: 28-29). Nusaybah took part in various battles before and after the death of the Prophet (PBUH). She is well known for protecting the Prophet Muhammad (PBUH) during one battle, known as the battle of Uhud when very few companions were present to help him at the time. After the death of the Prophet (PBUH), another battle ensued. Abu Bakr, the first ruler of the Islamic State, gave Nusaybah permission to go to war stating “[w]e know your worth in war, so go out in the name of Allah” (Bewley, 1999:29). In addition to acting as soldiers, women also assumed the role of nurses who would attend to the wounded (Nawab, 1997:56; Bewley, 1999:27). Similarly, to the rights to education, it is noticed that practically there has been a mixture of both positive and negative results.

In contemporary society, in certain conditions, it is noticed that Muslim women have assumed political positions. In Egypt, one such example was Zainab Al Ghazali, who founded the Muslim Women’s Association in Egypt, which worked in tandem with the “Muslim Brotherhood”, a political movement that was formed in 1928 that opposed the Egyptian government. In 1939, The organisation gained popularity for developing important structures such as hospitals, dispensaries and schools. Not long after this, Al Ghazali’s “Muslim Women’s Association” formed an alliance with “the Muslim Brotherhood.”Al Ghazali did not see Islam as discriminating against women (Nawab, 1997). Al Ghazali believed that Islam does not prevent women from gaining an education, nor from being active in public life, such as working or engaging in political activities. It was completely allowed, as long as they did not ignore the important role of being a mother. Al Ghazali played an important role in facilitating communication between “underground” members of “The Brotherhood” and the leadership in “The Brotherhood”. Al Ghazali’s point of view can be understood because of her being educated on the message of the Quran and the Hadith. In her case, it seems she was educated on a version of Islam that was not patriarchal. She was educated by her father (Nawab, 1997; Ahmed, 2000). Similar to how the Prophet Muhammad (PBUH) created avenues for women to be given education, the assassinated leader of “The Brotherhood”, Hasan al Banna, created a girls’ house for Islamic education (Faizi, 2001; Nawab, 1997). He also created a women’s wing in the “Muslim Brotherhood” (Nawab, 1997). The “Muslim Brotherhood” followed an important guideline of the Prophet Muhammad (PBUH), which was to create opportunities and spaces for women to express their viewpoints. This is something Azzam (2015, cited in Vakil, Osaimi, Azzam, Kherigi and

Hilsum, 2015), Associate Fellow for the Middle East and North African Programme at Chatham House (2015) and Kherigi (2015, cited in Vakil et al., 2015) allude to in a panel discussion at Chatham House on Islam, Women and Politics.

Kherigi (2015, cited in Vakil et al., 2015) indicates that in Muslim countries, when a democratic worldview is adopted, Muslim women are awarded the chance to politically participate. In Indonesia, 18% of the female population is represented in parliament, while Tunisia has a higher percentage than the United Kingdom. Azzam (2015, cited in Vakil et al., 2015) indicates that during the Arab Spring, groups such as “Ennahda” in Tunisia and the “Muslim Brotherhood” in Egypt stood up against military dictatorships. When these protests took place, women were on the frontlines. Azzam (2015, cited in Vakil et al., 2015) also alludes to the issue of the role that class plays. These were women who were pursuing an education, and played an important role in the various communities in which they found themselves. In Egypt, women who took part in the political protests against the military, were from different class backgrounds. They were not part of the elite. They were demanding rights within the sphere of the boundaries of Islam (Azzam, 2015, cited in Vakil et al., 2015).

While Muslims have entered the political realm and are provided with opportunities to take part in politics in certain parts of the world, this is not a general trend.

In India, Muslim women are denied rights due to their being part of a minority group and religious conservatism (Shukla and Shukla, 1996). Shukla and Shukla (1996) acknowledge that Islam has become hybridised by acknowledging the important roles played by the Prophet’s (PBUH) wives and his daughters. However, after the death of the Prophet Muhammad (PBUH) and the Caliphate (Islamic golden age), Islam became feudalised. Feudal societies in the opinion of Shukla and Shukla (1996:8), are male dominant where women are treated as secondary citizens, “subjugated” by men. While they were aware of their rights to vote, they seemed to lack political awareness (Shukla and Shukla, 1996). Shukla and Shukla (1996:7) provided reasons for this. In India, they indicate Islam became hybridised with Hinduism, which in their opinion, subjugates women. Despite being the largest minority group in India, Muslims suffer from a sort of “psychosis” where they are faced with “uncertainty” and “frustration” after partition which occurred on the Indian subcontinent when British colonial rule was dissolved (Shukla and Shukla, 1996:7). The importance of hybridity should not blur Muslims from seeing religious conservatism that originated within Islam itself.

In the 1960’s women in Sudan had very few political rights. When the “Sudan Women’s Union” which was created in 1952 argued that women should have a right to vote, female members of the Muslim Brotherhood in Sudan left the “Sudan Women’s Union”. The Muslim brotherhood originated a very conservative view of women. One of its members, Mohamed al Sadiq-Karuri argued that

24 women were similar to bottles which would crack once they encountered the fierceness of politics. It was better for them to remain domesticated. The stance of the Muslim Brotherhood changed when Islamic populist Hasan Al Thurabi argued that women should have a say in politics as Islamic law does not deny them this right. Citing the life of the Prophet (PBUH), Al Thurabi argued that women played various roles in society which have already been mentioned. Gaza-Salah Al Din-Athbani, a previous member of the Al Bashir government argued that it was the influence of conservative religious leaders by what he calls Bedouin Islam, that led to women being denied their rights to partake in social life, a form of Islam that is practised in Saudi Arabia (Tonnessen, 2018). It is not just Sudan where such challenges were faced.

Sada et al. (2005:30) indicate that women face obstacles regarding political participation in Northern Nigeria. Those who take part in politics are described as “bad Muslims of low morals, who cannot but compromise their reputation”. Others aim to achieve middle ground by saying that while women cannot occupy leadership positions, they can have a say in political decisions (Sada et al., 2005). Once they have reached the stage of menopause, they can also engage in politics because they no longer need to adhere to norms pertaining to giving birth.

In response to this, Sada et al. (2005:30) state:

“Women’s participation in politics is not against the principles of the Shariah. The only restrictions discussed and agreed by the majority of Jurists relate to the contest for [,] and occupying the office of the chief-executive of the state by a woman. They contend that a woman can vie for any office except that of Head of State. The traditional modesty of Muslim women in Nigeria will hardly allow them to participate on the same scale as their male counterparts in political activities”

In South Africa, although not a Muslim country, but a democratic dispensation, Muslim women have participated in politics. One such example is Khadija Patel, who has been a commentator on the rights of Palestinians and the Arab Spring (Surtee, 2011). Another example is Dr Aayesha Soni, a young medical doctor and vice president of the Media Review Network in South Africa. Soni (2014a; 2014b) has been vocal about the rights of Palestinians. In 2014, she was detained at the Rafah crossing by the Egyptian government after visiting Gaza. She has also looked at the inequalities in the medical sphere of South Africa (Soni, 2014a;2014b).

In South Africa, there is a view that South African religious leaders undermine women’s progress in society. In 2010, a group of Muslim women who included Quraiysha Sooliman and Farhana Ismail campaigned for Muslim women to attend the Eid prayers, a ritual they are able to attend in other parts of the world. They were chastised by some religious leaders (Surtee, 2010a). Surtee (2010a) states in this regard:

“While Muslims consider Islam to be a religion that promotes the equal rights of both men and women, there remains a dominant patriarchal ideology among local Ulema [Religious leaders,] one of the main stumbling blocks to elevating the status of women in society. This is the view of Professor Abdulkader Tayob from the Centre for Contemporary Islam at the University [of] Cape Town (UCT), in his analysis of an academic debate on the permissibility of women attending the Eid Salaah.”

In addition to educational and political rights, Islam also awards women economic rights.

2.2.3 Economic rights

During the pre-Islamic Arabian era, women had no rights to inheritance. According to Nawab (1997:54), men would “inherit the women, the household including their mothers and their sisters”. Women were considered part of a man’s estate. After his demise, his daughters and widows would either, be forcibly married to a guardian or the guardian’s son in order to inherit the deceased’s wealth (Mernissi, 1991; Qutb, 2001:6). Chapter four of the Quran sought to address these inequalities (Mernissi, 1991). A Muslim woman has the right to “property, inheritance, and individual financial resources”, independent of male interference (Mernissi, 1991; Nawab, 1997:54). This independent right is maintained, even after she has entered into marriage (Nawab, 1997:54). Ansari (2006) emphasises this point by referring to Chapter 4, verse 32 of the Quran which states “[m]en have right of ownership on that which they earn and women have right of ownership of that which they earn.” Some of the men at the time were not happy with this situation. However, Mernissi (1991) points out that Prophet Muhammad (PBUH) stood steadfast in his position, abiding by the revelations of the Quran. According to Yusuf (2005:7), Asma, the daughter of Abu Bakr who was the successor of the Prophet Muhammad (PBUH) after his death, “worked outside the home”. She was not an exception, according to Yusuf (2005:7), as this was considered common practice. Faizi (2001:214) makes a similar point. While a woman’s principal role is to maintain the household, once she is married, it does not mean she is confined to the household. She has a right to work outside the home. Bearing in mind the economic position of women during pre-Islamic Arabia, the status Islam awarded women can be regarded as radical but importantly, radically positive. However, it is important to look at whether these reforms were maintained over the centuries.

According to journalist Maha Akeel (2017) from Al Jazeera:

“65 percent of women are illiterate, compared to 40 percent of men. The UN's Arab Human Development Report points out that in Arab countries, the high rates of gender inequality coincide with a lack of economic opportunities among women. Female labour force participation is slightly less than 24 percent, and among young women, less than 18 percent - the lowest rate among all regions. The share of women in GDP in the Arab region is only about 29 percent, against 50 percent in all developing countries. And the poverty rate is 31.6 percent among women, but 19 percent among men.”

In Pakistan, there is a gender disparity that exists in how society is run. Women do not have the power to make decisions, and they lack income. They are not included in monetary transactions for products they help create. According to the World Economic Forum Global Gender Gap Index, out of 144 countries, Pakistan was ranked second last. Many of the countries such as Nepal which is not as economically well-off as Pakistan, fared better (Rabbani et al., 2008; Raja, 2017). Even when they are employed, Pakistani women face harassment in the workplace (Akhtar and Metraux, 2013).

In West Africa, unlike other African customs, according to Sada et al. (2005), Muslim women engage in activities to earn income and are able to spend it according to their will. If they work for their husbands, for example on farms, they are paid a wage.

In South Africa, women have entered the work environment. In a diverse workspace, topics such as drinking and boyfriends, which is considered un-Islamic, are discussed. The Hijab (veiling of women) might sometimes be made fun of. Hence, they often need to negotiate their Muslim identity. At the same time, they could use freedom of expression to enlighten non-Muslims on Islam and create close friendship groups between them and non-Muslim co-workers, through which learning about Islam occurs (Hamdani, 2012). Women having an education and working in South Africa have been a major plus factor as some of them have to be self-supporting. My MA dissertation on the Iddah (ritual performed by Muslim widow or divorcee) period indicated this. Men, who are supposed to economically support women during this period, sometimes make use of the patriarchal society they find themselves in to seek reasons not to support them. In these instances, women have no option but to work. In one instance, the husband had no money, and the wife who came from a working-class background, had to work (Suleman, 2011). Surtee (2010b) points out that in South Africa, certain sectors within the community do not value women who work. Radio stations such as Radio Islam only value housewives. However, writing for the same radio station, Hamdani (2012) speaks about how there is a need for women to be represented in different sectors of the economy; such as medicine and education. Women can work as long as they heed the prescription of Shariah. Husbands should assist them with balancing work at home and their employment duties (Hamdani, 2012). Surtee (2011) acknowledges that it is possible for women to wear the Hijab and work, because of South Africa’s democratic dispensation (Surtee, 2011).

The above discussion alluded to the various reforms Islam brought to what can be considered as a misogynistic society. Despite these changes as time has passed, the religion has become arguably hybridised with practices it encountered, as the religion spread to other countries and encountered different cultures. At the same time, it also found difficulty in ridding itself of patriarchal practices it sought to change. This resulted in some women occupying a subordinate position with little or no

27 voice. While they are hybridised negatively in certain contexts, this is not the case for others. This sets the tone to discuss the role of women in an Islamic marriage.

2.3 MARRIAGE IN ISLAM

To understand the role of a marriage or Nikah in Islam, it is important to clarify the role of a Muslim in general. It is believed that the world existed before the creation of human beings. It is believed that it is God who created human beings. Hence, because God created man, man should abide by His will (Qutb, 2001:23). The role of a Muslim is to seek the pleasure of the Almighty. One way he or she achieves this is by getting married as marriage is viewed as a form of Ibadah or worship (Nawab, 1997:47; Vahed, 2006; Suleman, 2011). This is reflected in the following verse:

“And amongst His Signs is this, That He created mates for you [f]rom yourselves, That you may dwell in tranquillity with them, [a]nd He has put love and mercy between your hearts[.] Undoubtedly, in these are the signs for people who reflect” (Quran Chapter 30: 21 cited in Nawab, 1997:47).

Furthermore, the Prophet Muhammad (PBUH) stated:

“When a man marries, he has fulfilled half of his religion, so let him fear God regarding the remaining half ”(Prophet Muhammad (PBUH) cited in Nawab, 1997:48).

Bearing in mind what is said about marriage as set out by primary sources of Shariah, it can be concluded that it is an integral part of a Muslim’s life. In addition to being a form of worship, it is also a legal way in which men and women can satisfy their needs. Human beings, like other species have natural sexual desires; unlike other species, where the “mating urge” is limited to certain seasons, for human beings “the urge is always there” (Hassan, 1988:119). While human beings lack any biological control mechanism, it is crucial that they control this urge at a biological, social and cultural level (Hassan, 1988:119). Neither promiscuity nor abstinence is considered healthy. Hence Islam allows men and women to get married so that they can fulfil their desires while protecting their sexual morality at the same time. Hassan (1988) seems to be indicating that social norms which are put in place within a particular society, act as a control mechanism that regulates the sexual relationship between individuals, which would otherwise lead to anarchic practices such as rape and adultery. For example, in an Islamic society, adultery is considered to be a grievous sin, where the Prophet Muhammad (PBUH) stated that a person who engages in adultery will lose their faith (Radio Islam, n.d). Ideally, a man or woman, who internalises this norm, will not engage in extramarital relations. Ali (2006:152) indicates that when consummating the relationship with a woman, she must be revered, as she plays an important part in the social existence of men. A mother who gives birth and a woman with whom a man has a relationship, must be revered (Ali, 2006:150).

Islam takes the position that men need to be in the company of women with whom they will find solace, while women require men whom they can lean on to protect their chastity while also supporting them (Sheikh, 1995:8). The above verse from the Quran (30:21) refers to important components, which are:

“Love (passion, friendship, companionship) on the one hand, and mercy (understanding, reconciliation, tolerance, forgiveness) on the other, within the overall objective of tranquillity” (Sheikh, 1995:8).

Love and mercy lay the foundations of a family, which is considered an important institution in Islam. Stressing the importance of marriage, Yusuf (2005:4) is of the view that:

“Such a union become[s] a training ground for production of morally minded members of society that become the channel for transmission of meaningful cultural and religious heritage.”

Bearing the above quote by Yusuf (2005:4) in mind, marriage is seen as an important tool through which the family is developed. Through the family, Islamic culture such as norms and values, are maintained through the children who are born out of this union (Yusuf, 2005:3). Al Asi (2012) indicates that human beings cannot survive individually, they depend on each other. The norms and values that hold a family together transmit themselves to a broader society where human beings will use these same norms and values in how they interact with said society. Norms that foster values such as love, care, and cooperation are cultivated in the family context, which then spread to the broader society which Al Asi (2012:22) calls an extended family. It seems that the view Al Asi (2012:22) is trying to perpetuate here is one where, if all families share similar norms and values, there will be societal consensus which will lead to an effective functioning of society.

Nikah is not seen as just two different individuals coming together and getting married; it is also seen as two families becoming one family. Hence, the support networks for both couples increase. Marriage also fulfils a socio-psychological function; both couples act as supportive cushions to each other if they are undergoing any hardships. In this regard, the Quran states “They are garments for you and you are garments for them” (Quran, 2:187 cited in Hassan, 1988:120). The garment is referring to clothes. It is the nearest entity to a human in the external world. Metaphorically, it emphasises the closeness between the husband and wife. Clothes are used to protect a human being. In the same way, husband and wife are supposed to protect each other. Furthermore, it is seen as something that beautifies and completes a person. Similarly, couples need to beautify and complete one another (Hassan, 1988:120). This verse for Mubarak (2004:275) signifies “justness, kindness and consideration.” Nikah also allows couples to engage in recreational activities and hereby reducing stress (Suleman, 2011).

In the Holy Quran, one finds that men are encouraged to treat their wives with dignity and respect.

“Live with them (women), on a footing of kindness and equity (Quran, 4:19 cited in Ali, 2006:152)”

“O mankind! Reverence your guardian‐Lord, who created you from a single soul. Created, of like nature, its mate, and from them twain scattered (like seeds) countless men and women [.]Fear God, through whom you demand your mutual rights, and reverence the wombs (that bore you), for God ever watches over you (Quran, 4:1 cited in Ali, 2006:152).”

Al Asi (2012:25) indicates Adam was created from what he considers the Nafs or “Vital Self”. His partner Eve was also created from this “vital self”. Al Asi (2012) states that this vital self cannot be described physically. Nevertheless, the fact that God created human beings from the same source is an indication that there is no place for a man to adopt a chauvinistic attitude. In his interpretation of this verse, Ansari (2006:213) refers to a single soul as a biological cell “which forms the basis of life and divides itself through fission”. The cell, thereafter, divides itself into two different parts. One half refers to Adam, and the other half refers to Eve. Hence, the Quran emphasises that both are human beings of the same status. Qutb (2001:24) provides a different interpretation, yet alluded to a similar message to that of Ansari (2006), stating that women were created from the soul of men. Therefore, because they are created from the same soul, they are equal as they originate from a similar nature. Bearing the above discussion in mind, it can be posited that this spiritual commandment in the Quran, is also social in nature. The norms and values of a particular society are governed by these spiritual commandments. As such, they cannot be formed in order to promote a patriarchal agenda. At different times, women and men hold rights over one another because they perform different functions. While they occupy different roles, neither role is seen as taking precedence over the other (Bangash, 2012).

Husbands assume the role of the head of the household. This is due to the fact that they are physically stronger than women. In the Holy Quran, it is stated:

“Men are the protectors and maintainers of women; [b]ecause God has given the one more strength, [t]han the other, and because they support them from their means” (Quran. 4:34 cited in Nawab, 1997:49).

“Allah has given different capabilities to different human beings” (Quran, 4:34 cited in Ansari, 2006:214).

Therefore, it is the man’s duty to physically and economically protect his family, thus having a right to veto. According to Ansari (2006: 215), if both husband and wife have the right to veto, conflict will ensue if wives veto all of their husbands’ decisions. This will then affect the children negatively as they will not know what to do as their parents have differing views. Muslim feminist Koc (2016) agrees with Ansari (2006), stating that men assume the role of a guardian where they need to look after the family because they are economically in charge of looking after the family. While husbands 30 have this right, they cannot use it dictatorially. They must consult their wives before making a decision as this is a general principle that Muslims follow that is not only applicable to marriage, but to social life in general (Ansari, 2006; Koc, 2016). This is indicated in the Quran (42:38 cited in Ansari, 2006:215), that refers to the conducting of “affairs by mutual consultation”. Therefore, a husband cannot make decisions unilaterally. He must refrain from a patriarchal worldview where he tells his wife “because I am the husband, you have to do this or behave like that or else get out of here” (Ansari, 2006:213). So, consultation is crucial. The point Ansari (2006:213) seems to be putting forward here is that men cannot disagree with their wives because their wives’ views contradict their own individual desires. Their role as husbands is that of a guardian of their families; so the decision must be in accordance with the role that is prescribed to them. If he disagrees with his wife, the decision he makes must be in the interests of Islam and the family. Making decisions in accordance with the requirements of the role, provides stability to the relationship as his decision is made on religious grounds and not to satisfy his own self-interest. Al Asi (2012:275-276) seems to agree with Ansari (2006) by arguing that while God has given men this right of being protectors, it does not mean that they are superior to women. Women and men differ in their psychological and physiological make-up. These differences should not be used to create a power dynamic. The differences between men and women are meant to create a sense of equality, where they complement one another. In doing so, the union is solidified (Nawab, 1997; Al Asi, 2012:277). Koc (2016:182) argues that the men and women are functionally different. This difference, however, does not make one ontologically superior over the other. Koc (2016:182) argues that the man is a custodian. As he is a custodian, he needs to work collaboratively with his partner to ensure the smooth functioning of the family. However, one finds Muslim feminists take issue with this interpretation.

Wadud-Muhsin (1992:71-72) argues that there are two prerequisites in this verse. She points out two Arabic words, which are Faddala and Qawwamuna. Faddala refers to preference given by God. Mubaruk (2004:269) indicates that classical theorists such Al Tabari do not consider the words that follow such as the words “hum” and “Ba’d”, which stipulate gender neutrality. This means that God could favour either men or women. Yet Al Tabari argues that it is men who are favoured over women without any support to his argument.

Qawwamuna refers to men being protectors and maintainers of women (Faizi, 2001:70-71). Muslim feminists, Al Hibri (1982) and Wadud-Muhsin (1992:71-72) point out that men are only preferred in terms of inheritance with which they are supposed to look after women, and that the verse does not read as though all men are superior to all women. Some of them are superior to others. Therefore, if men cannot economically provide for women, then they are not protectors of women and, therefore, not preferred (Al Hibri, 1982:218; Wadud-Muhsin, 1992:70-72). Al Hibri (1982:218) goes further to

31 point out that the verse does not indicate that men are physically stronger than women. Mubaruk (2004) indicates that Qiwama means guardianship. Mubaruk (2004:270) indicates that Al Tabari points out that Qiwama means a husband can utilise force to get his wife to do what he wants her to do. Zamakhshari argues that Qiwama means a husband can be in a position of command over his wife, and he can, thus, dictate what he wants from her. Razi takes it one step further where he equates Qiwama to Sultanah. Sultanah refers to political authority over women. Nawab (1997) indicates that Qawwamuna means that males are physically stronger. However, this does not mean women are “incapable or mentally inadequate” (Nawab, 1997:50). In addition to adopting a democratic view in dealing with his role as a guardian, a man cannot abuse his wife economically.

According to Ansari (2006:217) and Koc (2016:1982), it is the duty of husbands to handle the economic affairs of the household. If his wife comes from a wealthy background, he cannot force her to give him money. If she is working, he still needs to provide for her economically, as this is his role (Ansari, 2006:215). While men have authority over women in terms of being their guardians, women hold superiority over men in other instances.

The role of women in society is to take care of their children and the household. Ansari (2006) seems to suggest that this role is more important than the role given to men who maintain the household. This is an important role as it ensures the continuation of Islamic civilisation. According to Ansari (2006:217), “women are the starting point and last fortress of every culture”. He also states that in Islam, women are considered “the more important part of humanity” (Ansari, 2006:217). The children that they bear, first come into contact with their mothers. It is their mothers who instil norms and values that ensure society’s survival. If women possess qualities such as piousness, integrity, wisdom and are well educated, these qualities will be passed on to the children that they bear. Hence, it is vital to fathom the important role that women play as mothers (Ansari, 2006:218). The home of which she is in charge, is a space where the “spiritual and moral foundations of progress of a community” is ensured (Ansari, 2006:222). Bangash (2012) stresses the crucial role Muslim women have in society by stating:

“Women are as essential to family and community as men are to finance and security; and without the mutual cooperation of male and female within marriage and family units according to Allah’s (SWT) ground rules, society will have neither community, nor security.”

Nawab (1997:28) echoes a similar sentiment to that of Ansari by arguing that “giving birth is a God given right”. Ridley (2006) elaborates on the importance of motherhood by drawing on the second source of Shariah, the Sunnah, the Prophet Muhammad (PBUH) is reported to have said that “heaven lies at the feet of the mother”. The role of a homemaker is not given the same importance as that of those who are homeowners. As a result, the societal contribution women make by taking on the role

32 of a housewife is underrated (Suleman, 2011:4). According to Ansari (2006:222), the Prophet Muhammad (PBUH) stated that “the woman is the queen of her house”. Ansari (2006) indicates that a husband needs to ask for permission to enter a woman’s house as her guest. The question one needs to ask at this juncture is: how is this possible in a global society where inequality is so high and where a family cannot survive on one income? According to Islamic feminist Wadud-Muhsin (1992:73), the above scenario is a traditional scenario where responsibilities are equally shared. She raises important issues. In contemporary society, where economics is driven by ideologies that are capitalist in nature and where overpopulation is now a social issue, Wadud–Muhsin (1992:73) calls for the Quran to be reviewed constantly. However, other authors claim this does not mean women cannot gain paid employment. If she is required to work, then she can gain employment (Qutb, 1977; Nawab, 1997).

Both husband and wife can even come to a mutual agreement whereby women can gain employment. In such instances, men should adapt to the new roles their wives assume by participating in childcare and household chores (Athar, 1988:155-156). When both husband and wife negotiate their roles, it is important they bear in mind the maintenance of the family alongside their individual aspirations (Athar, 1988:156).

Reiterating, a point made earlier on Quran and the treatment of wives, according to Abugideiri (2005) and Baig, (2015:12-14), Chapter 30, verse 21 states that the Quran indicates the relationship between husband and wife should be influenced by mercy, compassion and tranquillity. Faizi (2001:215) indicates that this verse is proof that women are not to be treated harshly. Their relationships with their husbands should be one whereby they do not experience any fear. Her husband should be respectful towards her, such that he does not defame or oppress her. By analysing the second source of Shariah, the Sunnah, one notices that women are supposed to be treated in a just manner. The Prophet Muhammad (PBUH) never hit any of his wives. He was kind in his treatment of them, and he encouraged others to do so (Abugideiri, 2005:1-2). While Islamic law prescribes equality between men and women, empirical evidence indicates that Islamic law is not always adhered to.

In the USA, the Muslim family structure is considered to be authoritarian, whereby children and women have to abide by the dominance of the husband. It is argued that he assumes a godlike status that should be obeyed (Al Khateeb, n.d.). Faizi (2001:211) has a similar view. In highlighting the predicament of domestic violence amongst Muslims in the USA, Faizi (2001:211) argues that Muslim husbands socialise wives and children to submit to them the same way they submit to God. Men restrict the movement of their wives, while also isolating them from meeting with important social networks such as friends and family members (Faizi, 2001:211). A man will use Islam to justify his behaviour, arguing that should she not submit to his will, she will be destined for hell. The majority

33 of Muslims in America are African American. This community has endured violence from the general American community. New converted African American Muslim families are looking to immigrant Muslim communities who hail from South-East Asia and the Middle East, amongst others. However, when these two communities intersect, “the common denominator” is male dominance within both communities, which sees the husband/father adopting a role of being a dictator not to be questioned by family members. Many immigrants hail from countries where oppression is rife due to rulers who are dictatorial. This dictatorial leadership manifests itself at a macro-level of society and filters itself to the micro-level within the family. Dictatorial governments produce families that are headed by men who should not be questioned (Al Khateeb, n.d.). Al Khateeb (n.d.) states that these families are characterised as “repressive, non-communicative, top-down and male dominated, where the leadership title that is worn is primary, and never allows or plans for asking why or how the family functions”. Pakistan is one example of such a country in South Asia. The relevance of the argument made by Al Khateeb (n.d.) manifests itself in the example of Pakistan.

According to Rabbani et al., (2008), in Pakistan, a hybridised version of Islam is dominant. Verses of the Quran have been strategically used to justify male superiority over women by considering verses of the Quran in isolation. Rabbani et al., (2008:421) go on to say that women consider themselves inferior in South Asia, a region Pakistan is part of. Women in this region consider themselves “incomplete, insecure, ineffective, and inefficient without males”, leaving them “docile” (Rabbani et al., 2008:421). In the same context, Akthar and Metraux (2013:38) argue that the “majority of husbands do not treat their [wives well] and often do not hesitate to beat them”. Akhtar and Metraux (2013:38) argue that in Pakistan, women are considered to be the “personal property" of men; irrespective of being a mother, a daughter, or a wife, the idea of mutual respect does not exist. Having a daughter is still accompanied by a negative mindset. In Pakistan, a man buried his own daughter because he was ashamed that he had a daughter (Akhtar and Metraux, 2013:60). This did not only violate Islamic law in general concerning the treatment of women, but According to Akthar and Metraux (2013), it also violated the important role of the mother in the marital relationship as she was not consulted. The subordinate position women occupy in Pakistan can also be seen from the fact that some of them may not even decide whom they want to marry. If they decide to refuse a man’s hand in marriage, they could become victims of acid attacks (Suleman, 2011). In Pakistan, there is also a class dynamic. Women who come from an elite background find themselves in more advantageous positions compared to women who hail from a middle- or lower-class backgrounds. After colonisation, the elite in Pakistan simply took over the position of colonists and furthered their own interests. In Pakistan, a woman who hails from an elite background, is more likely to be safe compared to women from other backgrounds, because they are provided security in the form of bodyguards.

Women who are from middle- and lower-class backgrounds find it difficult to determine their own destiny or jobs. Their life journeys are often decided by their family members. Once they enter the workforce, they suffer harassment (Akthar and Metraux, 2013).

Citing the religious text, ‘Book on the teachings on the wife’, Munir (2002:197) argues that Javanese women are taught that they must respect their husbands, to the point where husbands take on the role of God. Thus the role of a woman is to mainly beautify herself, have sexual relations and produce children, as well as cook. Theoretically, she is not allowed to question her husband or reveal her unhappiness (Munir, 2002:197-198). Similar to the cases just discussed, they are taught a patriarchal version of Islam where women are to be passive subjects to their husbands.

In the Arab Peninsula, historically, depending on class position, women were confined to the four walls of the home (El Saddawi, 1982). Women who came from an upper-class background did not need to work, and so they were confined to the home. El Saddawi (1982), a Muslim feminist uses the example of her own grandmother, who she says left the house only twice in her life. The first time she left her own home was to move to her marital home. The second time she left her marital home was when she passed away. Women who came from a lower-class background had to go and work while they simultaneously needed to look after the household chores. These women who worked outside the family were not viewed positively, yet they conducted this form of work because of economic necessity. This is considered a form of humiliation and looked down upon by those who are part of the upper class (El Saddawi, 1982). Sadiqi (2010) indicates that in Arabian societies, the family was authoritarian in nature in the sense that women did not have a say in terms of whom they wanted to marry. Women’s roles were confined to the home where their ability to have children was essential (Sadiqi, 2010:51). While there have been improvements in countries like Saudi Arabia where women are allowed to drive, marriage is still arranged between the husband-to-be and her father. This is still common practice even though, legally, it is an unlawful practice. Similar practices take place in Syria. In Morocco, a young girl, Amina Filali, committed suicide because the court forced her to marry her rapist (Beliker, 2017).

Similarly, in Nigeria, Muslim women are rarely consulted by their husbands when they make decisions regarding the household or children. Muslim women are overburdened with work in the domestic sphere without their husbands assisting them. Men who assist their women are made fun of by other men. More women are expected to assist men in the labour market as unemployment among husbands is high because of Nigeria’s dire economic situation (Sada et al., 2005).

Some South African Muslim women’s experiences of marriage, mirror some of the cases just discussed. In 2003, Nordien et al. (2003) looked at domestic violence in the Muslim community

35 residing in the Nelson Mandela Metropole. Women were asked why they remained in the abusive relationship. One participant who converted to Islam responded:

“Muslim women are taught, or I don’t know brought up maybe, that way that you know they can[not] talk, they must [not] talk you know, and it [is] so wrong.” (Nordien et al., 2003:46)

Another participant stated:

“In our era our parents brought us up to respect males you know, whatever, women did [not] really have a say you know,” (Nordien et al., 2003:50)

Reiterating, a point made earlier, my own MA focused on women’s experiences of the post-divorce ritual Iddah that Muslim divorced women need to perform. Participants were asked about their experiences of marriage. They alluded to experiencing fear and being bullied by their husbands. One participant indicated that her husband always put the needs of his mother ahead of his wife (Suleman, 2011) .

The above discussion alludes to how in different countries, Muslim women occupy a subordinate position in the marriage. Chapter 2 verse 187 of the Quran indicates that partners are supposed to protect each other and make each other feel good about themselves, the same way a garment is supposed to make a person feel good about oneself, and protected. It the various case studies discussed, an important issue that was raised was that Muslim women are inferior to men whereby they are not allowed to question them (Al Khateeb, n.d; Faizi, 2001; Nordien et al., 2003). When men ask their wives not to question them, confine them within the four walls of homes, do not consult them in making decisions, how can they perform the role of beautifying the partner when that very partner is the person they are afraid of? The family is seen as the bedrock of Islamic communities and societies; evidence shows that sometimes this is not the case. In a traditional Islamic society, Muslim women’s first duty is to look after the household. Current economic climates make this difficult, as Wadud-Muhsin (1992) points out. In subsequent publications, Wadud (2006) indicates that there is a lack of political and legal structures that can protect Muslim mothers. She makes reference to the Hadith that states that Paradise lies under the feet of one’s mother. While this Hadith theoretically raises the status of motherhood, practically speaking, women do not have any legal or political protection. Reflecting on her own experiences, Wadud (2006) makes reference to single mothers who need to work without any support. They need to look after their children while simultaneously competing with men for work, who are at an advantage because they are not expected to do any domestic work. Nawab (1997) indicates that a woman can assist her husband economically. Athar (1988) indicates that neither role is exclusive. Empirical evidence indicates that one cannot ignore the points raised by Muslim feminists such as Wadud (2006). This brings about another important point, which is different experiences. Women’s experiences of marriage are also determined by class

36 position. El Saddawi (1982) and Akthar and Metraux (2013) argue that Muslim women’s experiences in marriage and broader society are determined by class experiences. It is these very inequalities that create the platform for abuse to occur in Muslim communities.

2.4 EXPERIENCE OF DOMESTIC VIOLENCE

In 2001, Faizi (2001) argued that not all Muslim households pay heed to verses of the Quran, such as Chapter 30, verse 21, which prescribes tranquillity. At the time, Faizi (2001:209) stated that domestic violence is a universal social problem faced by the Muslim global community. Faizi (2001) points out that 10% of American Muslim women were victims of domestic violence. The violence they experience is a mixture of emotional, psychological, physical, financial and sexual abuse. In the same country, Al Khateeb (n.d.:3) gives a similar description stating that perpetrators engage in behaviour where they minimise the victims’ abuse, emotionally degrade the vicitims, and prevent women from seeing close networks such as friends and family.

Jayasundara, Nedegaard, Sharma and Flannagan (2014:8) looked at studies in order to gauge the prevalence of domestic violence among the Muslim communities globally and in the USA. They argued that while these studies lacked methodological rigour, 66% to 70% of respondents indicated that they knew someone who was a victim of intimate partner violence, and between 26% and 73% reported that they were victims “of some form of” intimate partner violence. Prevalence rates of domestic violence in the other countries used in this study were also reported to be high (Jayasundara et al., 2014:8).

In Pakistan, similar to the USA, Rabbani et al., (2008:419) found women enduring different types of abuse. The researchers collected data using quantitative and qualitative research techniques between 1999 and 2001. Women were physically, sexually or psychologically abused. Using a semi-structured questionnaire, victims of domestic violence reported on experiences of domestic violence. Perpetrators were the husband, mother-in-law and other family members. The husband was identified as the principal perpetrator. Some 58% of women reported that they were psychologically abused. Psychological abuse took the form of isolation and emotional blackmail. Some of the examples citing physical violence were: intentional burning, kicking, suffocating and punching. A total of 76% of women indicated that they had been victims of physical abuse that occurred in conjunction with other types of abuse, which was psychological and emotional in nature. Another 39% of women suffered economic abuse, whereby the husband withheld money needed to run the household. He also controlled his wife’s wages and assets, such as jewellery (Rabbani et al., 2008). Like physical abuse, it occurred “in combination with other forms of abuse” (Rabbani et al., 2008:419). Twelve per cent of women reported that they were victims of sexual abuse which manifested itself in the form of

“rape, forced prostitution and forced intercourse in marriage” (Rabbani et al., 2008:419). This study did not elaborate on how forced prostitution manifested itself. Though it did report that women were forced to engage in sexual practices with which they were not happy (Rabbani et al., 2008). Akhtar and Metraux (2013) argue that in Pakistan, there are marital practices which are contrary to the Shariah. One such example is the Misyar marriage where women are supposed to forgo all of their legal rights, while a husband has no economic obligation to look after his wife. Women who engage in these forms of marriages do so because they are not allowed by their family members to choose their own partners; which is contrary to Shariah. This practice has been legalised in countries such as Egypt in 1999.

Reflecting on Arabian culture, Sadiqi (2010), another Islamic feminist, discusses the history of patriarchy in the Middle East. Historically, the family consisted of extended families, with the father and grandfather assuming authority over the family. Furthermore, they were seen as being in charge of creating a home in which they would bring up their children. This in turn led to an environment which was psychologically conducive for the husband who was looking after the economic necessities of the household. Sadiqi (2010) points out that these laws, which are Islamic in nature, led to women becoming susceptible to abuse. Unlike Western societies where patriarchy is public, in Arab societies, it is seen as located in the privacy of the home. The authority that is awarded to men, makes women susceptible to violence.

Over time, social changes have taken place in North Africa, with women entering the workforce. However, they are still victims of domestic violence. In Morocco, the country has introduced progressive laws in which a husband can face a prison sentence for abusing his wife. In 2007, the Moroccan government provided official data on the veracity of violence against women. It was reported that 17 000 cases of violence against women were reported in 2008, of which 78.8% were committed by their husbands. There have been campaigns via the media such as television shows and magazines to educate women. However, there are still challenges that are faced by women. Domestic violence is still seen as a private issue. Women strongly feel that these issues should be kept private. This is understandable as Sadiqi (2010) indicates that women are afraid of using centres that provide support because of stigma, and becoming destitute. While there are efforts to educate women, the socio-economic status of women still remains an obstacle. Campaigns are likely to assist women who come from a privileged background, compared to women who live in rural areas and are semi-literate. They do not have skills, which will allow them to maintain themselves economically. Welfare is available for women who are divorcees and widows, but it is not offered to single mothers. While welfare is available for some women, some of them are not aware of the process of applying and gaining access to welfare because of poor literacy. This leads to them remaining in abusive

38 relationships (Sadiqi, 2010). In neighbouring Algeria and Tunisia, domestic violence is a serious problem. Women do not report issues of domestic violence because they tend to be afraid of the “scandal” which will follow. In Tunisia, “The Tunisian Association of Democratic Women” reported in 2001, abused women approached them looking for shelter. These women experienced physical abuse from either their partners or a male extended family member (Sadiqi, 2010) .

In Nigeria, Yusuf (2005) and Sada et al. (2005) pointed out that despite the difficult economic position the country found itself in during that time, men still engaged in polygyny despite being poor. As a result, they could often not fend for their wives, many of whom were left malnourished. Husbands sometimes engaged in psychological abuse by engaging in a process called Jingina. This entails suspending conjugal relations with one’s wife. Mental and physical abuse are prevalent in some communities. It was reported that in certain instances, the mother-in-law of the wife negatively interferes in marriages where couples are happily married, by accusing the wife of using charms against the husband. This results in the husband treating his wife as a servant (Sada et al., 2005).

Studies in South Africa also revealed cases of married women experiencing different types of abuse. Some of the quotations provided by the participants’ experiences of the different types of abuse are posited by Nordien et al. (2003).

“He hit me with a coke bottle, the can. He broke my jaw. I could [not] speak for three month[s]” (Nordien et al., 2003:46).

“He was raping me and all this and that, doing funny things and all that, which I found very weird” (Nordien et al., 2003:46).

The participants also indicated they were emotionally abused by their husbands, for example, they were called “fat” or “old” and “wrinkly” (Nordien et al., 2003:46). Also, they were denied money so that their husbands could make sure they were economically dependent on them (Nordien et al., 2003:46). The participants expressed being emotionally distraught as they were nervous and fearful, while also feeling numb and angry as a result of the abuse inflicted on them (Nordien et al., 2003).

In 2014, Radio Islam had a renowned Muslim religious leader, Ebrahim Bham who came on the show to talk about the veracity of the problem. Bham stated that 50% of divorce cases in the Muslim community were due to some form of abuse (Radio Islam, 2014). In personal communication with Bham (Personal Communication, 3 August 2017), he provided me with an email he wrote on the topic of domestic violence in the Muslim community. In the email, he stated that the Islamic Careline estimates psychological abuse to be higher than physical abuse in the Muslim community. In his opinion men do not physically abuse their wives as much as they emotionally abuse them, because they do not engage in substance abuse due to religious prescriptions. Substance abuse for him is the

39 cause of physical abuse. On Radio Islam (2014) during the ‘social programme’, people were allowed to call in and send messages to express their views. Women who were physically abused participated.

One woman stated:

“Over the years, his anger escalated so much that he now throws things at me and calls me horrible names and basically makes me feel worthless and stupid. He has slapped me many times and he also strangled me twice with a telephone wire.” (Radio Islam, 23 August 2014).

After the last fight, the victim left. She was living with her parents when she sent in her message. She stated that she was always on edge. She states her husband told her:

“He will never ever give me the divorce no matter what happens. Please assist me, as I do not know what to do anymore” (Radio Islam, 23 August 2014).

The NISAA Institute for Women’s Development (2014) located in Lenasia, published the book “Rising Up, Moving on”. This book contains a number of case studies where women provide narratives of their abuse. Among the different case studies of women coming from different backgrounds, was a Muslim woman.

Like the previous cases discussed, different forms of abuse were apparent. The Muslim participant stated:

“My new husband did not bother provisioning a plate of food on the table each night. I remember crying myself to sleep due to ravenous hunger… I would leave each day before sunrise while [he] spent the entire day in bed. Added to this, my in-laws laid claim to anything and everything I owned and worked for. In an effort to meet my travelling budget to university, and complete my studies, I began sourcing second-hand clothing from friends to resell at a fleamarket on Saturdays and sold ‘koeksisters’ on Sundays” (Nissa Institute for Women’s Development, 2014:120).

This is a clear indication of financial and psychological abuse. In addition to financial abuse, she makes reference to physical, sexual and emotional abuse:

“The first time I truly experienced the physical strength of a man was when my husband shoved my head down our toilet bowl and flushed. My body went limp. I could not resist his hand against my head. I tried screaming but only ended up coughing, my eyes and nostrils were burnt like I had never experienced before… Often he would drive at night at high speed and threaten to throw me out of the car. He threatened to have me raped. He stole my money and bank cards” (Nisaa Institute for Women’s Development , 2014:121).

She further stated that he made it difficult for her to fulfil her employment obligations.

“Each time I travelled [,] my husband would throw my luggage out of my bags just before my departure and eventually put me under surveillance” (Nisaa Institute for Women’s Development , 2014:121).

During December 2014, I spoke to Zubeida Dangor (Personal interview, December,2014) of the NISAA Institute for Women’s Development (Personal Interview, December 2014) about the veracity of domestic violence in the Muslim community. She provided information on a case study that was similar to the case that has just been explained. Like the case above, the abusive husband used to control his wife. He did not care about her work responsibilities. He would prevent her from going to work, resulting in her facing a disciplinary hearing. This affected his wife psychologically as she walked into a counselling session withdrawn, with her head down.

Citing another case, Dangor (Personal Interview, December 2014) explained that no matter what the victim did, it was never enough for the husband. Her husband physically abused her. He felt he could do whatever he wanted. Upon speaking to her husband, it was learnt that the abuse projected towards his wife, stemmed from his upbringing. His father was very controlling, and he was constantly criticised by him (Dangor, Personal Interview, December 2014).

Thus far, it has been established that Islam, according to its primary sources, detests the oppression discussed above. Therefore, what are the solutions for women when experiencing continuous abuse that may result in their losing their lives? One avenue is removing themselves from abusive relationships through divorce.

2.5 DIVORCE IN ISLAM

Presvious discussion (marriage in Islam) alluded to the importance of marriage in Islam. Via marriage, family norms and values are promoted. Sometimes, however, couples do not get along, and conflict ensues. In such an environment, norms that foster tranquillity and cohesion are unlikely to manifest (Doi, 1984; Suleman, 2011). Therefore, Islam allows for divorce. Yet it discourages it in order to try and maintain the stability of a family (Qutb, 1977:38; Doi, 1984:168-169). The Prophet Muhammad (PBUH) stated that “[t]he most detestable of lawful things is divorce” (Doi, 1984:169; Vahed, 2006:37). Spouses are bound to have disagreements. From an Islamic perspective, it is advised that couples should first try and resolve their differences (Vahed, 2006:37). They should appoint a mediator from either side to try to solve their differences. Various authors (Qutb, 1977; Vahed, 2006:37) have pointed out Chapter 4, verse 35 of the Quran in this regard:

“And if you fear a breach between the two, appoint arbitrators, one from his family and one from her family and if they both wish for reconciliation, Allah will cause their reconciliation, Verily Allah has full knowledge, and is acquainted with all things.”

Marriage is a contract which should be honoured. Couples should not opt for divorce in situations where their problems can be easily resolved (Qutb, 1977:36; Doi, 1984:168). If reconciliation is not

41 possible, then they can consider divorcewhich is known as Talaq in Islam (Suleman, 2011). In Islam, there are revocable and irrevocable divorces.

Sabiq (2018) indicates that one should consider the practicalities of the different types of Talaq. Practically, a man is unlikely to issue a Talaq where he specifies whether it is revocable or irrevocable. His behaviour after issuing the Talaq will determine whether it is revocable or irrevocable. Therefore, if his intention is reconciliation, he will behave in a way whereby he will work towards reconciliation.

In terms of revocable divorce, which is referred to as Talaq Raj’ee; the divorce only comes into effect after three months when a woman performs the ritual Iddah. One of the functions of this period is to consider reconciliation. Only after this period has lapsed, does the divorce become irrevocable. If men wish to reunite with their wives, they can revoke the divorce. He can only do so two times, after which the divorce will become irrevocable (Qutb, 1977:37; Vahed, 2006:40). It is preferable for a husband to provide one revocable Talaq, in the presence of two witnesses, while a woman is not experiencing her menses. This is called Ahsan or most approved. Once a divorce is given, a woman performs the period of Iddah. During this time, partners should consider reconciliation. Once this period elapses and the husband does not revoke the divorce, the divorce then becomes irrevocable. Providing one revocable Talaq is known as Ahsan. This is known as the most preferred method. Another method which is also advisable is called Hasan, which signifies approved. A man should give a Talaq Al Raj’ee during “three consecutive periods of purity of the wife” (Ahmed, 2003:490). Some authors think that such a view entails giving three Talaqs within three months (Doi, 1984; Suleman, 2011). However, Ahmed (2003) indicates that this is not the case. Three consecutive periods can mean any time between the first and the second Talaq, and the second and third Talaq. Once the third Talaq is issued, the divorced then becomes irrevocable. Ashraf Ali Thanwi (1994) gives a similar view:

“A person issues a Talaaqur Rajee to his wife. Thereafter he became pleased and decided to keep his wife. After a few years he became angry over some matter and therefore he issued another Talaaqur Rajee in which he had a right of keeping his wife. When his anger subsided he decided to keep his wife and not let her go. These Talaaqs that he issued will be counted as two Talaaqs. If at some time or the other he issues one more Talaaq, it will total three Talaaqs. Once this occurs…she cannot marry this husband of her’s unless she marries another person first.”

A new marriage ceremony will have to be performed to the point that he can only reunite with his wife if she gets married to someone else and gets divorced, or her new husband dies (Ahmed, 2003; Vahed, 2006:40). Prior to Islam’s inception in what is today called Saudi Arabia, men used to revoke divorce unlimitedly (Doi, 1984; Suleman, 2011). Ahmed (2003) states that by limiting the number of

42 times a man can issue divorce, the Prophet Muhammad (PBUH) abolished a practice of unlimited revocation that existed during pre-Islamic Arabia, which husbands used in order to abuse their wives. Ahmed (2003:491) indicates that limiting the number of Talaq, follows the principle of the Quranic injunction which states “then when they have reached their term take them back in kindness or part with them in kindness.” Bearing this in mind, it can be argued that Islam challenged patriarchal norms in a society where women were socially imprisoned by their husbands in unhappy marriages. In addition to revocable divorce, some scholars argue that men can also practice irrevocable divorce.

If a man feels that reconciliation is not possible, some scholars argue he can issue an irrevocable divorce known as Talaq Ba’in. It is also known as Bain Baynunua Sughra, which means minor divorce. Should he and his wife want to reconcile after the issuing of this form of divorce, a new marriage ceremony will have to be performed, as the divorce used in this scenario is irrevocable, meaning that the marriage is dissolved (Qutb, 1977:27, 38; Toffar, 1993; Vahed, 2006:40-41; Al Azri, 2011). If a husband issues a third irrevocable divorce, it should now be apparent that reconciliation is not possible and that both parties should rather live separately (Qutb, 1977:27, 38; Toffar, 1993; Vahed, 2006:40-41; Al Azri, 2011). Ahmed (2003) is of the view that this form of Talaq is known as Talaq al Bidah or disapproved divorce and is accepted by the Sunni sect, but rejected by the Shia sect.

A more serious form of irrevocable divorce is the issuing the Triple Talaaq also known as Bain Baynunua Kubra. This form of irrevocable divorce entails a husband issuing his wife with three Talaq’s in one sitting. Sunni scholars consider it sinful, yet valid. They consider it as irrevocable whereby a husband cannot marry his wife unless she gets married to someone else and then gets divorced, or her husband dies. They cite verses of the Quran to justify their view (Al Azri, 2011). For example, they use Chapter 2, verses 229 and 230, which indicate that couples should look to either reconcile or separate.

Sunni scholars consider Talaq al Ba’in as valid, while Shia scholars completely reject it. Sunni scholars argue that the above verse only allows for divorce to take place twice before it becomes irrevocable. The Quran mentions the importance of the relationship between both partners. Therefore, Talaq should only be allowed when there is justifiable reason for the marriage to break. Furthermore, it only becomes irrevocable after the Iddah period (Ahmed, 2003; Al Azri, 2011) According to Ahmed (2003:491) and Chhallani (2018:910), this form of divorce came into effect during the Ummayad Era, where Islam was ruled by a monarchy. Kings put this in place because they wanted to find an escape from the “strictness of law”. However, Al Azri (2011) indicates that this form of Talaq was validated during the time of the second Caliph Umar, who ruled between 634 CE and 644

CE (Afsaruddin, n.d.), when men did not consider divorce seriously because of the “overabundance” of women who were taken captives after conquests. Hence, men would issue a divorce and would then retract it. Given the seriousness of the situation, the ruler Umar ordered that uttering divorce three times at once is considered as an irrevocable divorce. The jurist Al Shakwani disagreed with this practice, arguing that it is tyrannical and it was not the practice of the Prophet. Al Azri (2011), however points, out that during the Rule of Umar socio-economic change was rife. Therefore, there was a need to change laws in order to promote the broader values of justice and equity. Penal laws such as the cutting off of hands were relaxed, as people were stealing due to the socio-economic environment. Practising them would be in contradiction to Islamic norms of social justice.

Furthermore, as social change took place over centuries, contemporary Islamic scholars such as Muhammad Abdu from Egypt called for Talaq to be regulated within the court in order to deal with the issue of triple Talaq. Scholars who argue that triple Talaq is valid during one sitting, use the verses 229 and 230 of Chapter 2 of the Quran to justify their view by referring to the number of times a Talaq is issued. The verses state:

“Divorce is only permissible twice, after that, the parties should either hold together on equitable terms or temperate with kindness” (Al Azri, 2011:282).

However, this interpretation is considered by other scholars as wrong. The word Marrataan, which refers to two times, is interpreted incorrectly. It actually means two different occasions (Pirzada, 1993; Al Azri, 2011). Pirzada (1993:6) cites Chapter 24, verse 28, where the word Marrataan appears. This verse states:

“Do they not see that they are tested once or twice in every year?”

Contemporary scholar Sheikh Usmani argued that Talaq can only be pronounced twice, but in different settings. He uses visitation as an example. He argues that a person can only say they visited someone’s house twice, if they went on two different occasions instead of one. Using this analogy, he argues that it is absurd to utter the word twice (Al Azri, 2011). Moreover, triple Talaq is viewed as abusing the rights and dignity of Muslim women.

Writing within the context of India, Chhallani (2018) argues that triple Talaq causes women an immense form of psychological distress because they know that their husbands can issue divorce at any time. Women are left destitute and they have to face judgement in a society which is inherently patriarchal. Many women in this context lack education, which makes it difficult for them to economically sustain themselves. For this reason, Chhallani (2018) is pleased that in 2018 the Supreme Court of India ruled that triple Talaq is un-Islamic and hence illegal. Writing in the same

44 context, Gupta (2018) alerts readers to another degrading practice women have to endure due to triple Talaq.

Once a husband issues a triple Talaq, there is no chance for reconciliation. Sometimes men realise that it is a mistake. In this case, they are faced with a dilemma. They resolve it by asking their wives to marry a stranger. This marriage will have to be consummated, after which the new husband will divorce her (Ahmed, 2003; Gupta, 2018). This practice is known as Halala. The Prophet Muhammad (PBUH) (cited in Gupta, 2018:132) abhorred such a practice stating:

“Curse be upon the one who marries a divorced woman with the intention of making her lawful for her former husband and upon the one for whom she is made lawful.”

Caliph Umar ruled that he would stone those who engaged in a pre-planned marriage (Gupta, 2018). Gupta (2018:132) argues that such an act reduces the dignity of women to a “piece of amusement”. Women who yearn to get back to their husbands, and, therefore, engage in Halala, are victims of rape in the eyes of Gupta (2018) because for her, submission does not equate to consent.

Given the above information, it is important that the spirit of the Quran, which endeavours and resolves to maintain the dignity of women, be considered. When Caliph Umar decided to recognise the triple Talaq, he did so with this purpose. He reformed the law given the social context of the time. It is difficult to argue against this point, as Ibn Rushd indicates that allowing this act, is a form of punishment for a man who utters these words three times (Ahmed, 2003). It can be viewed that his utterances are a sign of arrogance and insolence. At the same time, one cannot ignore the fact that human beings are open to mistakes. Therefore, divorce should be regulated by the legal courts, which were introduced as suggested by Sheikh Muhammad Abdu. Thus far, the discussion has focused on men and divorce. Islam also provides women with rights to divorce.

The first form is known as Khula, where a woman may initiate divorce if she feels her husband is negligent in his role and is cruel towards her (Doi, 1984:193-195). Ahmed (2003) argues that a woman can use this option if she feels that she cannot live with the individual, even if the husband is a person who is fulfilling his duties. He can try and reconcile. However, he and a court of law cannot force her to remain in the marriage. Women who wish to use this avenue can offer a payment which could be in the form of a dower, to remove herself from the marriage (Doi, 1984:193-195; Ahmed, 2003:496). The second form is known as Mubara’ah whereby both husband and wife decide via mutual consent that they wish to dissolve the marriage (Ahmed, 2003:497; Vahed, 2006:43). The third form of divorce is known as Faskh. In this case, a wife initiates a divorce via a judicial process. This form of divorce is allowed if a husband suffers from some type of sexual disease, treats his wife in an inhumane manner, deserts her or is imprisoned, or becomes an apostate and fails to live up to his

45 duties (Gabru, 2004; Vahed, 2006:42). Well known Indian scholar, Ashraf Ali Thanwi was a strong proponent of Faskh as women in India did not have recourse, despite being unhappy in their marriage (Ahmed, 2003). Many women were leaving Islam and converting to another religion because they felt they had no recourse. Finally, there is Talaq Tafwid, which refers to delegated divorce. In this instance, the husband gives a woman the right to ask for a divorce. Here, a woman can stipulate certain conditions which give her the right to ask for a divorce in the marital contract (Ahmed, 2003; Vahed, 2006:41). These stipulations need to be reasonable. Stipulations can include divorce if the husband marries another woman, leaves their home without seeking permission from her, or abuses her. She needs to formally tell her husband or pronounce this form of divorce in the presence of two witnesses where she provides reasons for taking such a decision (Ahmed, 2003). Why is it important to mention that women have rights to divorce?

In pre-Islamic Arabian society, women had difficulty removing themselves from relationships because of the patriarchal context in which they found themselves. When divorcing women, men would engage in a practice called Zihar. This entailed a practice where men would claim their wives are similar to their mothers. In this context, even though women were divorced, it prevented them from leaving the household of their now ex-husband. Men would also engage in another patriarchal practice called Ila. In this instance, they would take oaths where they would state that they would not have sexual relations with their wives. This would last for a very long time. The purpose of this practice was to make women’s lives miserable (Doi, 1984:184-186; Wadud-Muhsin, 1992:9; Suleman, 2011:3). Bearing these practices in mind, by Islam allowing women to ask for a divorce, it awarded them avenues to address these oppressive practices which existed in that particular social context. Al Hibri (1982:217) considers divorce within an Islamic context as a momentous act. According to Qutb (1977:39), if the divorce was not allowed, the following questions must be posed:

“[w]ill she be happy when she is detested by her husband and still legally bound to him? Will she prefer marriage while she is neglected in the house? What sort of dignity does society want from its women?”

While Islam sought to remove women from oppressive practices that existed in the Arab Peninsula by regulating the practice of divorce and allowing women the opportunity to file for a divorce, it does not mean that all Muslims around the world provide women with this opportunity. As with the discussion on marriage that preceded this discussion, it is important to interrogate various Muslim communities in different social contexts to see if they were abiding by these laws. Similar to how women are sometimes not treated as equals in marriage within different contexts, it is found that certain women do not have access or rights to annul marriages or ask for a divorce.

According to Faizi (2001), divorce is used to control women. Contrary to the above discussion, women believe that only men can initiate divorce. It is not only about not knowing one’s right to initiate a divorce; the social structures of particular societies need to create an atmosphere where women feel free of fear and guilt when they have justification for initiating a divorce. In Dallas, Texas, Faizi (2001) interviewed a woman who was a victim of domestic violence. This woman stated that she remained in the abusive relationship because she did not want to be seen as a failure in the eyes of her family and the community. Therefore, in her opinion, “a violent home was better than a broken home” (Faizi, 2001:218). Writing in a similar context, Abugideiri (2005) states:

“As Muslims, they value the institution of marriage and want to preserve it at all costs. They often believe the abuser, who justifies his behaviour by referring to isolated bits of text from the Quran. They tend to blame themselves for not being patient enough or understanding enough to help him change his behaviour. They also tend to wonder if God is punishing them or is angry with them for some past sins, and they especially struggle with trying to understand how God might view their desire to end the marriage. In addition to struggling with spiritual questions, they also have to deal with some societal issues, such as the shame of being a divorced woman or being a woman who has reported her husband to the police.”

In Pakistan, some women who come from a middle- or a lower-class background, are afraid to ask for a divorce because they are stigmatised. They are also economically dependent on their husbands, and they also worry about the well-being of their children. Some of them are afraid that if they decide to initiate legal processes, they will be blamed for the marriage dissolving. Furthermore, the legal system does not seem to be on their side, so they regard the issue as a private matter (Rabbani et al., 2008; Akhtar and Metraux, 2013).

In 1983 feminist, Aziza Al Hibri (1982:217) stated that Muslim women in the “Arab world” who come from an upper-class background are more likely to ask for divorce compared to those from lower-class backgrounds. In Egypt, legalistically women have a right to divorce. However, in 2000, only 122 out of 5 000 cases filed for Khula by women, were accepted. In Morocco, while laws are progressive, logically implementing them is a problem. Women need to provide witnesses to the violence. If they cannot provide witnesses, they are sent back to the marital home. As such, they do not have trust in the laws of the country. Women have rights to be financially maintained as stipulated by the law of the country while married, and until her divorce is finalised. However, these laws are not implemented at the required pace. Husbands also bribe legal officials. Legally men can be prosecuted. If found guilty, they have to serve a prison sentence and pay a fine. However, should the complainant decide to withdraw the case, prosecution of the perpetrator ceases. In Saudi Arabia, should a woman seek a Khula, the custody of her child is given to her husband. This indicates the level of marginalisation of women in the Arab world (Sadiqi, 2010; Cassim, 2013).

The family is seen is a symbol of “love”, “nurturance” and “affection” (Chang, 1996-15). Yet it is this structure where violence is most tolerated. Men abuse the person they claim to love both physically and emotionally. Chang (1996) writes in the context of a nuclear family. However, her argument can be extended to the broader family. From an Islamic point of view, the family is obliged to assist other family members in need (Athar, 1988). In certain instances, it is apparent that family members are doing so. In the USA, Faizi (2001) points to a case study related to her by a counsellor in Arlington, Texas. Family members asked a woman who was abused to leave her violent husband. They were prepared to provide her with refuge. Similarly, in South Africa, there have been cases where women who were part of abusive relationships received support from family members. When conducting my MA research on divorce in the Muslim community, I came across a magazine called The Muslim Women that worked in conjunction with the Islamic Careline. Case studies on marital problems within the South African Muslim community were provided. In one case study, participants indicated:

“[m]y friends and family were in shock and disgusted that any man could behave in this way. They comforted me in telling me what I should do to secure my future” (Muslim Women, 2010: 30).

My own research on the post-divorce ritual called Iddah, also yielded positive results on the role of family. Family provided both emotional and economic support to women who left their abusive husbands (Suleman, 2011). At the same time, one cannot ignore the fact that there are women in society who do not receive help from family members. In fact, at times, families play an important role in women experiencing violence.

When Muslim women gain the strength to ask their families for assistance, they are met with a response characteristic of ambivalence. In the spirit of “family, honor, name [and] children”, abused women are told by their family members to go back to their abusive husbands (Zuberi, 2011). They should exercise patience and forgiveness (Zuberi, 2011). This view is shared by Faizi (2001), who makes similar points in the same context. Reiterating a case study of a battered woman from Texas in the United States of America, one woman told Faizi (2001:218) that she remained in an abusive relationship because she was afraid of being perceived as a failure. Her parents inculcated the importance of “maintaining a solid home” (Faizi, 2001:218). If she told her family about the abuse she suffered, “she would be faulted for the destruction of her family” (Faizi, 2001:218).

According to Al Khateeb (n.d.:2):

“Surprisingly, in the homes of most Muslims, focusing on the rules and desires of the parents almost always takes precedence over any focus on Allah. Most Muslim parents do not give their children any Quranic proof behind their opinions, do not allow themselves to be questioned,

and [do] not invite discussion or reflection on ideas even though Allah continuously instructs Muslims to think and to reflect.”

As indicated in the introduction of this chapter, Rabbani et al. (2008:422) indicate that women in Pakistan remain in abusive relationships because they are not welcomed back to the maternal home. This is particularly the case when their mothers have passed on. Their brothers’ wives refuse to support them on the grounds that they have received an inheritance in the form of dowry. Additionally, their brothers do not want them to work as this will affect the honour of the family (Rabbani et al., 2008:422). In 2011, the government of Pakistan declared domestic violence as a criminal offence. Nevertheless, domestic violence still takes place in Pakistan (WISE, 2015). Women’s Islamic Initiative in Spirituality and Equality (WISE) argue that patriarchy and illiteracy are the causes of domestic violence in Pakistan. Religious illiteracy on the part of both husbands and wives results in the perpetuation of domestic violence, as they do not perform their duties towards each other (WISE, 2015).

In South Africa, it is found that women face similar difficulties in getting a divorce. This is reflected in the following quote:

“And the worst part was, your family never stood with you, that was the worst abuse that I could have, is when your family knew what you were going through and still they were [not] there for you” (Nordien et al., 2003: 46).

Recently in Asma Khan’s (2013) blog, which deals with domestic violence, one woman stated:

"When a victim runs out and says I [am] free [,] it [is] the beginning of loneliness [be]cause no one is there for you now. All the world turns a blind [eye]… and believe me when I say this from experience, you are alone. I write this from experience where you become an embarrassment to your parents, they can [not] handle it, [and] they can [not] face the people. Your siblings become strangers as if now [you] are a burden, your children can [not] handle the issue be[cause] their in-laws would think less of them. Friends never answer your calls be[cause] they scared you might ask for a favour.

On Radio Islam (2014), Bham had this to say:

“By and large, in the past people adopted this view that irrespective of what happens to my daughter, even [if she is] abused she must remain in that home or she must remain under that condition and circumstances no matter what happens because the image of having a marriage is more important than the stigma…of Talaq or divorce.”

In my conversations with Dangor (Personal Interview, December, 2014; September, 2019), she indicated that Muslim families are afraid of the shame they might face as a result of divorce. They are “unsympathetic” towards abused women who are family. They would rather she stays in an abusive relationship. She indicated there is an unspoken rule in the South African Muslim community where women should consider everyone else’s needs, but their own. This includes women who are

49 powerful. Women are chastised if they express their opinions. Islamically, they are viewed with negative lenses by the community as being a bad Muslim. In addition to their lives being threatened by abusive partners, women, some of them who can economically sustain themselves, remain in abusive relationships because of the stigma of divorce and fearing ostracism from friends who now see them as threats to their own marriages. Rasool (2012:154-155) adds academic credence to Dangor’s (Personal Interview; December 2014; September, 2019) view. In her study that elaborates on how informal networks legitimise domestic violence by considering it a private matter, Rasool (2012) makes reference to Muslim women being denied assistance by family members. Informal networks persuade women to remain in abusive relationships. If they seek help from formal avenues such as the police or religious leaders, they are viewed negatively by family members because of the shame the family would have to bear now that evidence of abuse has reached avenues beyond the private sphere of the family (Rasool, 2012). My Master's study on divorced women also revealed that women face stigma by their family. One participant suffered immense physical abuse from her husband. She finally initiated divorce proceedings, yet, she was told by her uncle that divorced women were not viewed in the same manner as other women in society (Suleman, 2011).

There are common themes emerging from the above discussions where certain women find themselves in different contexts. They are afraid to ask for a divorce because they feel as though they would be upsetting their family members, they are dependent on their husbands economically, they fear stigmatisation by the community, and assume that they are going against their religious duties if they ask for a divorce. This happens despite Islam allowing women to ask for a divorce. This brings into question the role of Muslim religious leaders.

In addressing domestic violence experienced in the Muslim community in the USA, Zuberi (2011) provides a damning assessment of some Muslim religious leaders. She states:

“These attitudes are disseminated by preachers who spew misogynistic statements like some women can only be controlled through striking or telling men that their wives are dirty beings from the Dunya [Temporal World] (definitions.net). They make religion hell for women and anyone who speaks out against this is deemed anti-Islamic. How do you think a man will act when he goes home after listening to one of these sermons?”

In Indonesia, within the Javanese community, a largely patriarchal interpretation of the religion prevails. Yet, there have been instances where religious leaders adopted an egalitarian interpretation of the religion. In discussing sexuality in the Javanese society, Munir (2002) uses the case study approach to show how a patriarchal interpretation results in women becoming sexual subordinates to their husbands. Yet in one case study, a woman whose father was a religious leader, promoted an interpretation of Islam, which denounces the subordination of women in an Islamic society:

“My father, a religious leader with a large number of students and followers, knew how to respect women. Being a respectable public figure, he had no difficulty sharing responsibilities in child rearing and domestic work” (Munir, 2002:203).

She makes reference to how her father and her husband interpret Chapter 4, verse 34 of the Quran, an important verse in the context of this study that was dealt with earlier in Chapter 1:

“My Father perceived men’s family leadership as empowering[,] supporting and liberating[.] That [is] why men have been given certain privileges to enable them to bring blessing to women, the oppressed group, not the other way around. My husband was different. He perceived leadership as monopolising controlling, demanding rather than giving, and even repressing and exploiting, like in the cases of our sexuality” (Munir, 2002:203).

According to Zuberi (2011), in Tunisia, a prominent religious leader called Ibn Ashur from the region of Zaytuna, argued that it was ironic that the same Quran which was revealed to eliminate domestic violence, is used by men to justify physically abusing their wives. He, thus suggests that these men who use Islam as a scapegoat so that they can abuse their wives in order to release feelings of frustration and anger, should be punished.

In South Africa, there seem to be contradictions on how domestic violence is dealt with by religious leaders. On the one hand, some religious leaders such as Bham appear on radio stations such as Radio Islam (2014) and clearly state that domestic violence has no place in Islam. In the same vein, a branch of the Jamiatul Ulema (Council of Muslim Theologians) in a 2013 press release, drew attention to the veracity and widespread nature of domestic violence in South Africa (Jamiatul Ulema, 2013). They acknowledged that domestic violence is taking place within the Muslim community in South Africa. Using the primary sources of Shariah, the press release stated that there is no place for domestic violence in Islam. However, on the other hand, it is noticed in certain literature that when Muslim women approach organisations such as the Muslim Judicial Council (MJC) for help, they do not provide assistance.

Abrahams-Fayker (2011:44) who echoes the views of Zuberi (2011), is of the view that the “South African Muslim society often deploys a conservative and patriarchal approach to the Quran where Islamic religious leaders consist of only men and are seen as authorities for the South African Muslim Community”. According to Abrahams-Fayker (2011.:47), in the Western Cape, the majority of people who utilise the services of the Muslim Judicial Council (MJC) are women between the ages of 18 and 50. They seek assistance because they find themselves in abusive relationships. However, the religious leaders are seen as favouring the husbands. As a result, women find themselves between a rock and a hard place as they are “torn” between the pain they suffer and their religious beliefs (Abrahams-Fayker, 2011.:44). Abrahams-Fayker (2011.:44) states that these women cannot fathom how their religion condones the suffering they have to endure. According to Hoel (2012:194-196),

51 women who seek assistance from the MJC, feel as if the religious leaders representing this organisation, do not provide them with sufficient assistance due to favouring their abusive husbands because of their husband’s reputations, and do not understand the abuse they suffered. In Hoel’s (2012) study, one participant approached the MJC as her husband was having an extramarital affair. She stated:

“If you go look for my records [at the MJC as proof of her consultations and divorce initiatives]… I go and they do [not] have any record of my first filing [for divorce] or my second filing [for divorce], even if I go now, they say: ‘No, here is no record of you.’… I come in again and he [Imam] reads it … now he say ‘Oh Allah … [name of respondent’s husband] is a learned person … No this can[not] be’[Imam disbelieves her testimony]” (Hoel, 2012:193).

Another participant from the same study who was physically abused stated:

“He [husband] was very involved in Islamic organisations, so he was quite well known and this really I tell you shocked me when one of them [a member of the MJC]said: ‘He [husband] is not going to be very happy about it [respondent’s divorce application] because he is a community person.’ I could not understand it at the time” (Hoel, 2012:193).

Hoel (2012:187) indicates that women have difficulty in gaining a divorce from religious leaders because they adopt a “reconciliation at all cost approach”. One Muslim participant in Boonzaier and De La Rey (2003:1015) stated:

“And you know, like with the Moslems, if you go to them, they always talking about reconciling and things like that. And I mean, when I went to the judicial council, I told the Imam, [l]isten here, I want my divorce. So he told me no I must reconcile with my husband. I left there, and… I thought to myself, it seems to me that these people are [not] there to help me.” (Boonzaier and De La Rey, 2003:1015).

When she went back her husband threatened her with a knife. One participant in Hoel’s (2012:188) study indicated:

“I was in and out by the MJC and one day I could [not] stand it [any more], I said to them [MJC]: I want my Faskh … if you are not going to listen to me today, and if I am not going to get what I want today then I am going to leave here and I am not going to come back, I am going to leave him [husband] and my home and I am not going to come back … you people [MJC] are here to do a good deed helping us people, but you do [not] really help … you do [not] know what it is like to leave here [MJC] and go back to a home where you are being verbally, mentally [and] in any way being abused, you do [not] know what [that] is like.”

The reason behind this might be that religious leaders are bearing in mind that divorce is not advisable in Islam in order to maintain family structures (Qutb, 1977; Vahed, 2006). At the same time, Islam argues that women should not be treated with cruelty. They have a right to remove themselves from these relationships (Ahmed, 2003; Gabru, 2004; Vahed, 2006). Religious leaders seem to be taking this approach of reconciliation to extreme levels.

The above examples indicate the difficulties abused women find in removing themselves from relationships. At the same time, Hoel (2012) posits that the agency exercised by these women who challenge religious authorities, is important to mention. Despite the fact that some of them were denied their right to divorce, they still managed to challenge religious leaders on why they took such a position. This can only make their (women’s) cases stronger if they have information on their rights in Islam. Another reason why women find it difficult to gain a divorce is because they lack knowledge of their rights. Religious leaders use this as a tool in making it difficult for them to get a divorce (Hoel, 2012:191). One participant went to the MJC to get a divorce. The Imam that helped her was the same person whose classes she attended on premarital counselling.

“ [When she went back a few years later for a divorce] he did [not] recognise me [be]cause I looked different, and then he said to me: ‘He is your man you know, and you must respect and give him a chance and see how it works.’ But I was just adamant and said: ‘No! It is finished … you know, Imam, I am very amazed that you of all people tell me this because I have learned one thing from you and that is that a man and a woman are a garment unto each other.” (Hoel, 2012:191).

Abrahams-Fayker (2011:44) and Hoel (2012) are not the only people to raise these concerns. In the email he shared with me, Bham (2017) himself indicated that one of the barriers that are faced, is that the status of the abusive husband is often considered by the boader community. It can be argued that the ‘broader community’ can include religious leaders. Gabru (2004:6-7) is a strong proponent for the recognition of Muslim Personal Law in South Africa, because Muslim women are denied a platform to exercise their rights by religious structures in society. In arguing her position to recognise Muslim Personal Law, Gabru (2004:6-7) cites a case where a woman was physically abused and lied to by her husband. These are violations of Islamic law. However, when she approached religious authorities to grant her a Faskh, they declined, stating she had no grounds.

The status Islam has awarded to women, as well as adhering to their roles as Muslim wives, while also playing their part in fulfilling the functions of Nikah, can only be achieved if the society they live in promotes a culture where women are respected as human beings, and seen as equal to their husbands. While this chapter discussed the difficulties women face, it is important to emphasise their agency and how they are prepared to sometimes use it to the extent of challenging religious leaders. While facing abuse from their husbands and stigma within societal structures, the fact that some women present their issues to the religious leaders, shows that these women draw on agency. Importantly, what contributes to this agency, is knowledge. Knowledge about their role as an Islamic woman in society allows them to challenge structures such as family and religious organisations, which sometimes act as obstacles to their emancipation from abusive situations.

2.6 CONCLUSION

The above chapter alluded to the status of Muslim women in different time periods and societies. Islam awarded women political, economic and education rights, which have led to their emancipation from a context which was patriarchal. This is evident in the marital relationship where their roles are one that encourages them to be active in maintaining stability in not only the home, but, in Islamic society at large. However, it is noticed that in various contexts, women are denied the rights that they are entitled to because of patriarchal interpretations of the religion. Contrary to Shariah, domestic violence exists in various Muslim societies. Culturally, Islamic marriages have become hybridised with patriarchal practices and self-centredness. This hybridisation becomes embedded within specific structures such as family and religious organisations. Families worry about how they will be viewed. A similar argument can be made regarding religious leaders who seem to be failing in assisting abused women due to the patriarchal interpretation of the religion. As a result, women are then denied resources by relevant structures, as they are devalued. Ultimately, this leads to a culture of impunity, which allows men to directly abuse their wives. While this seems to paint a bleak picture, it is important to also recognise that there are women in specific contexts who are standing up to this oppression. What is important though is that there are avenues to address their grievances. Education, in this regard, is very important. In certain countries like Indonesia, women are being given access to education, and there are some religious leaders such as Ibn Ashur ( cited in Zuberi, 2011) and Bham (2017), who are speaking out against the oppression of women.

CHAPTER THREE UNDERSTANDING DOMESTIC VIOLENCE: A SELECTIVE FOCUS ON THEORY AND CONCEPTS

3.1 INTRODUCTION

In order to understand Muslim religious leaders’ views on the issue of domestic violence, conceptualising key concepts is of utmost importance. As such, this chapter begins by defining domestic violence as well as offering understandings of violence experienced by women. While domestic violence affects people from different social categories, for example, race and class, the vast majority of victims are women. Therefore, in this study, domestic violence will be conceptualised as violence suffered by women in marital relationships, within a religious context. Like many other social problems, sociologists have different views on domestic violence. Family systems and feminist perspectives make a valuable theoretical contribution to the study of domestic violence. Historically, feminists point to patriarchy as a common denominator as the cause of domestic violence in different societies to explain why men terrorise women. The family systems perspective provides an alternative view on this issue by downplaying the role of patriarchy, arguing that men and women in the marital relationship might equally experience violence (Gelles, 1985; Steinmetz, 1978). These perspectives are explained and then analysed in the global and local context.

In this chapter, a broad discussion of violence is provided drawing on different theorists’ views on violence. The chapter shows that in order to understand why violence in its visible form occurs, it is important to understand the prevalence of violence in its invisible form. Violence that occurs invisibly in its structural and cultural form, allows for this deeper understanding (Galung, 1990). This deeper understanding is then captured by applying these different concepts to multiple situations in order to understand domestic violence. As this chapter focuses on an Islamic context, the comprehensive discussion of domestic violence is funnelled down to a detailed explanation of how different forms of violence create and maintain domestic violence in the Muslim community. Literature discussed in Chapter Two of the Islamic position on women in marriage will be resumed again. While theories on violence are multidisciplinary in nature, it is critical for readers to be cognisant that this is a sociological study. Hence, Bourdieu’s (1987; cited in Bourdieu and Wacquant, 1992) concepts of “capitals”, “field” and “habitus” are used to sociologically understand domestic violence experienced by women. Drawing on concepts such as field, capitals and habitus, readers will realise the important role structural and cultural elements play in maintaining domestic violence in society.

3.2 CONCEPTUALISING DOMESTIC VIOLENCE

Violence against women is explained by different social theories (Tjaden, 2004; Rasool, 2011). Moreover, the way violence experienced by women is defined, will influence the type of interventions developed to address it (Rasool, 2011). It is important to first define what violence against women is, before looking at violence within the marital relationship.

According to the United Nations General Assembly (1993:1), violence against women refers to

“Violence against women means 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.”

A similar definition is provided by Rasool, Vermaak, Pharoah, Louw and Stavrou (1999:28):

“Any act or force of coercion that jeopardises the life, body, or emotional integrity of women in order to perpetuate or service male power and control. Included in this category, would be physical abuse, rape (including marital rape), incest, sexual harassment, female circumcision, dowry murders, trafficking of women, psychological abuse and verbal harassment.”

According to Samanthroy (2010:25):

“The most pervasive of human rights violence is denying women and girls equality, security, dignity, self-worth and their right to enjoy fundamental freedom.”

Thus, this form of violence includes acts, which are likely to cause physical and psychological injury to women. It includes threats and coercion, which influence the amount of liberty women enjoy in a specific society (Rasool, 2011). Moreover, it includes acts which cause not only visible scarring, but also invisible pain as well, for example, “stalking, and psychological and emotional abuse” (Tjaden, 2004:1246). It is important for academics to include non-physical acts of abuse such as emotional abuse when they conceptualise violence, because the physical act of violence is influenced by non- physical forms of abuse (Tjaden, 2004).

Thirty-five per cent of women across the globe have fallen victim to physical and sexual violence (WHO, 2016). According to the WHO (2017) “1 in 3 (35%) of women worldwide have experienced either physical and/or sexual intimate partner violence or non-partner sexual violence in their lifetime.” Suicide and homicide are possible consequences of women experiencing violence. They are also likely to experience psychological difficulties such as depression, anxiety and sleeping disorders (Tjaden, 2004; WHO, 2016). According to the World Health Organisation (WHO) (2016), women are likely to encounter social isolation, in which they will find it difficult to engage in “regular activities”. Economically, they will face obstacles such as not being able to work, which leads to a

56 lack of income (WHO, 2016). Therefore, Tjaden’s (2004) opinion of violence cannot be ignored. Tjaden (2004) is of the view that what we consider violence in the sense of physical harm, is too narrow. It is important to consider acts such as stalking as violence as they consequently lead to women being physically harmed by their perpetrator. In the USA, men who stalk women are more likely to assault women physically, as well as rape them (Tjaden, 2004). The credibility of this argument by Tjaden (2004) cannot be ignored, as women tend to sometimes only focus on physical abuse as violence. In a national survey on violence against women that was conducted in South Africa, women considered abuse in its physical form, yet factors that lead up to physical violence, were not considered as violence (Rasool et al., 1999:28).

In addressing this problem, The UN (1993:1) states:

“Recognizing that violence against women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women, and that violence against women is one of the crucial social mechanisms by which women are forced into a subordinate position compared with men.”

According to Krug, Dahlberg, Mercy, Zwi and Lozano (2002:89), intimate partner violence is one of the most consistent concepts used to describe violence experienced by women. Some authors prefer to argue that we cannot compartmentalise violence unidirectionally and within the confines of a heterosexual relationship. “Wife battering” is no longer a sufficient term which can be used to understand and intervene in the issue of domestic violence, as abuse according to Byrne and Senehi (2012:77) “cuts across all lines of economic and educational status, age, race, religion, geography, and sexual orientation”. Strong and Cohen (2014:435) prefer the use of the term intimate partner violence as it includes people who are not just married, but also those who are in dating relationships and same-sex relationships. Rasool (2012) points out that domestic violence was a term used to neutralise violence from a gendered term such as wife abuse, so that abuse experienced by others such as people who are involved in non-marital relationships amongst heterosexual couples, as well those involved in homosexual relationships within the domestic sphere, is highlighted. This is understandable as, historically, the feminist theorists argued that abuse is gendered as it involves a power dynamic where men look to exert dominance over women using coercive tactics which are physical and emotional in nature (Johnson, 1995; Hearn, 2012). Krug et al. (2002:89) point out that while violence in intimate relationships is more complex in that women can be implicated in violence occurring in the intimate relationship, and its occurrence can be compartmentalised to “any social economic, religious or cultural group”, women are more likely to become victims. In the USA, 85% of victims of domestic violence are women (Gilad, 2014:476). During 1999, in South Africa, women made up the majority of applicants requesting protection orders due to being victims of domestic

57 violence (Vetten, 2014:3). In Cape Town, a study on domestic violence was conducted amongst municipality workers who were men. Forty-two per cent indicated that they had physically abused their partners within a ten-year period (Vetten, 2014:3). According to Gibson-McCrary and Upsurch (2015:57):

“Domestic violence threatens the foundation of the family and is prevalent in all socio- economic backgrounds in South Africa. Domestic violence is a serious social public health and human rights problem in South Africa that needs to be eradicated for the health and welfare of women and their children.”

It should be stated that in the context of this thesis on religious leaders’ views on domestic violence experienced by Muslim married women, one does not deny that men are victims of domestic violence as Vetten (2014:4) points out to statistics in South Africa where men requested protection orders from partners who are women. However, the focus of this study is on abuse experienced by Muslim married women. While men are likely to be victims of domestic violence in early childhood and later adulthood, women are likely to experience domestic violence throughout their lifetimes (Vetten, 2014:3)

Hearn (2012) argues that abused women refer to domestic violence beyond just physical battering. Women include physical and non-physical acts of violence in the way they understand abuse. As such, emotional abuse and sexual abuse are included in their definition. In this sense, one can agree that wife battering is no longer a sufficient term to use, as suggested by Byrne and Senehi (2012). Since this research is focused on women and many scholars tend to be in agreement with the way women conceptualise abuse, it will be discussed as such. Therefore, in defining domestic violence, physical and non-physical forms of abuse will be considered.

According to Byrne and Senehi (2012), domestic violence includes physical abuse, emotional, psychological and sexual abuse. The characteristics mentioned above are similar to how South African law defines domestic violence. According to the Domestic Violence Act of 1998:

“Domestic violence means any of the following: ‘physical abuse, sexual abuse, emotional and psychological abuse, economic abuse, intimidation, harassment, stalking, damage to property, entering the complainants residence without consent where the parties do not share the same residence, and any other controlling or abusive behaviour towards the complainant where such conduct harms, or may cause immediate harm to, the safety, health or well-being of the complainant” (Bendall, 2010:103).

Physical abuse is characterised by assault. Abraham (2005:440) states that physical abuse includes actions such as “pushing”, “shoving”, “punching”, and “hitting with the hand with or/ objects”. The bruises suffered by the victim are not publicly visible (Abraham, 2005:440; Byrne and Senehi, 2012:87). Humiliation, isolation, intimidation and abandonment are features of emotional and

58 psychological abuse. The abuser embarrasses the victim, threatens the victim, insults them and makes them feel afraid (Byrne and Sanehi, 2012; Strong and Cohen, 2014). Vetten (2014) reasons that emotional abuse includes humiliating and degrading one’s partner, as well as showing signs of jealousy. The abuser also makes threats to one’s victims. Such manifestations by the abuser infringe on his partner’s right to “privacy, liberty, integrity or security” (Vetten, 2014:2). Sexual abuse is abuse when the perpetrator forces the victim to have non-consensual sex (Byrne and Senehi, 2012:87; Strong and Cohen, 2014:436). Sexual abuse manifests itself in the form of marital rape, control of a “women’s reproductive rights” and demonstrating “one’s power and control” by engaging in infidelity (Abraham, 2005:440). Engaging in infidelity affects the self-esteem of wives as it makes them feel inadequate “sexually and interpersonally” (Abraham, 2005:440).

Matthews (2004) edited a book called “Domestic Violence Source Book”. In the introductory chapter, there is a screening test to check if one's family is enduring domestic violence. Amongst the screening test is access to financial and economic resources. Matthews (2004:5) asks certain questions. Some of these questions include: Do victims know what their partners spend money on? Does a potential victim know where important documents such as cheque books are kept? If the potential victim wanted to see these documents, are they allowed to do so? Does a partner withhold funds when they are requested?

The above issue deals with economic or financial deprivation in an intimate relationship. Postmus, Hoge, Breckenridge and Chung (2018) indicate that many authors prefer to use the terms financial and economic abuse interchangeably. Financial abuse for them, forms part of the broader term of economic abuse. Financial abuse consists of money, not economic resources. “These resources could include transportation, place to live, employment, and education”, of which an abusive partner will look to control their victim’s acquisition and use. (Postmus et al., 2018:2). Strong and Cohen (2014:436) and Vetten (2014:1) make a similar argument stating that economic abuse constitutes denying partners access to economic resources without any legal and rational reasons. Strong and Cohen (2014:436) argue that economic abuse consists of individuals using the economic resources of their partners without their knowledge and consent. An abusive partner will look to control the individual’s access to savings. They will damage property as well as not make payments towards housing such as rent or bond payments, as well as interfere with their partner’s activities at their place of occupation (Postmus et al., 2018). Furthermore, it also entails not fulfilling one’s responsibilities such as providing the necessary resources such as food, shelter and medical treatment (Strong and Cohen, 2014:436).

3.3 HISTORICAL OVERVIEW

Historically in Western countries, Sociology addressed the issue of family violence at a later stage compared to other disciplines. In the USA, medical professionals initiated the awareness of family violence. While growing literature on child abuse occurred in the 1960s, according to Gelles (1985), not a single case of child abuse was reviewed from a sociological perspective. It was not that social workers did not know that child abuse was taking place; they generally chose not to report on it. Similarly, with abuse experienced by wives, attention was given to this issue only in the 1970s. Yet again, the voices of sociologists were missing. Wife abuse was intially viewed as a psychiatric problem (Gelles, 1985). Dixon (2014) gives a similar view, arguing that domestic violence was viewed as a psychiatric problem in the 1940s. Dixon (2014) indicates that the approach used was patriarchal, whereby women were blamed for the abuse they suffered. In the field of psychology, male batterers were viewed as suffering from emotional disturbances. The focus was on women displaying a masochistic disorder where they would provoke their husbands to abuse them and then look for reasons to remain with them. Feminist theorists opposed the masochistic disorder in the DSM (Diagnostic and Statistical Manual of Mental Disorders). This was re-termed as a “self-defeating” disorder. Dixon (2014) seems to imply that this renaming was a result of the feminist opposition to how domestic violence was viewed by the feminists. One of the early feminists who opposed the notion of a masochistic disorder was Walker. Walker suggested new forms of psychoanalytic therapy, which was developed using a feminist worldview (Dixon, 2014).

Being unaware, denial and acceptance of the problem were reasons given as to why sociologists neglected this issue (Gelles, 1985). It was related to family, criminology and violence. Sociology covers all these aspects (Gelles, 1985:348). Yet Gelles (1985:348) pointed out that family violence found “no home in any one speciality”. This could be because it has an effect on various subdisciplines. It was also seen as a private matter, which “hides” the problem from the relevant networks and the broader public (Gelles, 1985; Ooms and Johnson, 2006). In his interview with Theodora Ooms (2006), feminist activist and scholar Johnson (cited in Ooms and Johnson, 2006) states that domestic violence and rape were viewed as personal problems rather than social problems in the 1960s. As a result, conducting social research on this issue was difficult. Authorities from the medical profession and social services cited confidentiality as a reason behind preventing sociologists’ access to victims. However, in the 1970s, there were changes. The attitude of social services changed. Statistics on child abuse were made available to sociologists. Safe homes for battered wives were created by feminist organisations. These organisations gave access to sociologists so that they could conduct research on the issue of spousal abuse (Gelles, 1985:349). Exploratory research indicated that research could be conducted using other methodologies besides one that is clinical in nature

(Gelles, 1985:349). Even though sociologists made strides in dealing with the issue of domestic violence, one finds that even after the 1970s, structural obstacles were still present in dealing with the issue of violence faced by women in intimate relationships.

Reflecting on domestic violence in the 1980s and 1990s in the USA, Kurz (1989) states that the legal system viewed the issue of domestic violence in this period as a private matter. Police felt that they should not be dealing with these cases of domestic violence. Medical professionals in the USA also viewed the issue from a psychological worldview. This continued to be an issue (Kurz, 1989). Privatising the issue and giving it psychological relevance without considering the social causes of the issue, individualises the issue (Kurz, 1989). Kurz (1989) looks at socialisation institutions such as the male bonding fraternities and the military in dealing with the issue of domestic violence. It is these institutions, which normalise violence by promoting a sort of ideal masculinity. Different explanations are probably due to different theoretical explanations. Within the discipline of sociology, two subdisciplines took to explaining why domestic violence occurs. These two subdisciplines are broadly speaking, the family systems perspective and feminist perspective.

3.4 THEORETICAL PERSPECTIVES ON DOMESTIC VIOLENCE

In the field of sociology, the most significant contributions made on domestic violence are the work of family systems and feminist theories. While these theories classically differed in how they viewed domestic violence as a social problem, contemporary theorists, are seeing the relevance of both theories, thereby moving towards an integrated theoretical analysis. This section first discusses the classical theoretical standpoints of both these theories. This discussion first begins by looking at the family systems theory by focusing on different theoretical paradigms that are linked to this theoretical perspective. The resource theory, social exchange theory and systems theory will be discussed. Thereafter, a critique of these theories will follow. In the same vein, the feminist theory will also be discussed. This discussion then moves towards an integrated theoretical analysis.

Family systems theorists argued that couple violence is more likely to occur due to conflicts getting out of hand. In these instances, violence that manifests itself is considered minor and not life- threatening. Furthermore, they argued that there are no discrepancies in the number of male and female perpetrators when violence occurs between partners (Steinmetz, 1978; Johnson, 1995:285). They base their data on national surveys in America. Under the family systems perspective, prominent theories on domestic violence will be discussed. The first theory that will be discussed is the resource theory. Goode (1971) was one of the proponents of this theory.

Goode (1971) focused on the use of force that individuals use to achieve their goals. Force is amongst four sets of resources that individuals will use to achieve their goals. The other three are status or prestige, likability and economics. Goode (1971) does not seem to separate these different resources. He states that different resources can be exchanged for each other, and there is a relationship between force and other resources. Force is getting someone to do or do something that you like (Goode, 1971:625). This can be achieved using other resources. Hence, one can use money to get another person to do what one wants. In doing so, it can be argued that they are using force. The amount of overt force a person will use, depends on the resources he or she has at their disposal. Hence, people who come from a middle-class background will tend to use resources such as likability, money and status to get others to yield to their wants. However, someone who comes from a lower-class position will likely lack these resources. This will then lead to this person or groups using physical force to get what they want (Goode, 1971).

Hornung, McCullough and Sugimoto (1981) built on Goode’s (1971) view. They begin their analyses using status. The status characteristics an individual has will create a certain amount of expectations from that individual. Hence, if someone possesses a certain qualification, he or she is expected to get a certain type of job, which will yield a specific wage. If there is a high frequency of individuals with a specific qualification getting a job, it will then be expected that others who possess that qualification, also get a job. If they achieve this, they achieve status consistency. If people possess a certain qualification, yet is not appointed in a job that is expected of them, then they are viewed as possessing “atypical” characteristics (Hornung et al., 1981). The status characteristics a person possesses will create anticipatory expectations in terms of with whom they associate. Often between husband and wife, it was found that the status characteristics both possess are asymmetric. It is the nature of this asymmetry, which leads to marital conflict (Hornung et al., 1981). People will evaluate their expectations in terms of investments and rewards. They use others in the same occupation as theirs to evaluate their rewards following the investments they put in. In the marital relationship, they use their partners as a reference point, as well as others. This often leads to marital violence. If a man achieves a higher reward than what he is supposed to achieve, then he is likely to not abuse his wife. Yet if his wife gets more rewards than what she is supposed to achieve, she is likely to be abused. If a woman has a more prestigious job, then she is likely to be abused. These authors indicate that housewives were least likely to get abused (Hornung et al., 1981). In an earlier study, O’Brian (1971) found similar results.

O’Brian (1971) indicated that norms in society influence whether or not men abuse their wives. Society expects men to earn money and support their family members. This is their ascribed status. However, their achievements or achieved status is not always consistent with their ascribed status.

His study in the Midwestern State in America revealed that men who did not earn enough money and were high school dropouts, were more likely to physically abuse their wives. If women were more educated than their husbands, or their fathers had a higher occupational status than their husbands, they were more likely to be abused. This is a rather bold view, and it is rightly noticed that other family systems theorists disagree with this view. Others, such as Gelles (1976) argue that the inverse relationship exists. Women who did not have any education were more likely to be tolerant of abuse. Those who work were more likely to seek outside intervention. Access to resources is important. If women have resources, they can look after themselves as well as their children (Gelles, 1976).

Kalmuss and Strauss (1982) indicate that that violence against women will reduce in the long term if there is a change in attitude towards the issue. Men need to realise they cannot abuse women. Towards this end, women need more resources. State institutions need to be more responsive. This will lead to equality between men and women. Yet in the short term, this is more likely to increase violence. The norms of a particular society ensure that men have a higher status than women do. Equality is a threat to their status. Hence, they are likely to deal with this threat using violence (Kalmuss, and Strauss, 1982). Related to the resource theory is the social exchange theory whereby the number of resources an individual has, is influenced by their exchanges.

The social exchange theory presupposes that individuals weigh the cost and benefits of taking a particular decision or engaging in certain behaviour. If they know that their rewards will increase as compared to their resources, they will be positively reinforced to make decisions or engage in that behaviour in the future. Social exchange theorists argue that conflict is part of society. It can occur between groups, nations and individuals. Either the conflict will be resolved, or it will be “regulated” by the powerful party in the interaction process. Resolution will lead to stability (Hill, 1992:142). However, regulation will lead to resentment from the weaker party (Hill, 1992). Gelles (1985:360) argues that violence in families is likely to increase if rewards outweigh costs when a person engages in violent behaviour. Cultural apprehension and inadequate social services provided by social institutions result in inadequate intervention, thereby increasing the likelihood of violence. In his study on why women remain in abusive relationships, Gelles (1976) found that women are afraid of seeking assistance because they do not want their families to rupture, which in reality is actually a “myth” (Gelles, 1976:666). Furthermore, Gelles (1976) indicates that social agencies such as the police and the legal system in New Hampshire do not provide adequate support. Only if women suffer serious injuries will the court then act. (Gelles, 1976). Gelles (1976) seems to be implying that if social institutions do nothing, then men are more likely to engage in violent behaviour because the costs are low, thereby reinforcing violent behaviour.

The third theory, the systems theory proposes that violence in the family is close to being a universal phenomenon within the family, a structure purported to epitomise harmony. Violence is not a result of an individual being afflicted by a particular psychopathology. Psychopathology is one amongst many factors (Strauss, 1973). It is important to consider norms and conflict, along with personality traits when looking to explain violence in the family. Women experience physical abuse because they challenge the norms of a particular society. The norms claim men are the dominant partners in the relationships. Therefore, in homes where women assume the role of dominance, they are likely to be abused because men would see this as a threat to their masculine identity. Men lack resources, which are economic and intellectual in nature. As a result, they are likely to become unhappy, which, in turn, will result in their physically abusing their wives. This, in turn, will see wives retaliating violently (Strauss, 1973). While this explanation considers variables related to violence in a system, Strauss (1973) feels it does not cover it sufficiently.

System theorists see violence in the family occurring due to the “strains” of everyday life. The rate of violence is higher than what is presumed. Often violence is termed as violence or a form of deviant behaviour. For example, corporal punishment that a parent exercises may not be considered violence. Children learn that violence is an effective tool via the socialisation process. If parents are using it to achieve their objectives, then they are likely to use it. Family members and the media reinforce gender-specific norms. When individuals conform to these norms, they are rewarded. Reactions by a victim encourage the aggressor to engage in violence. For example, if a conflict is taking place between husband and wife, the husband might hit his wife. The next time they have an argument, she might become fearful due to what happened in the previous conflict. Her fear, however, might signal to the husband that he should hit her (Strauss, 1973). This process is by no means linear or deterministic. Individuals have different alternatives. Violence is one amongst many options in the systems.

Looking at the different theories, some common themes are apparent amongst them. These themes are resources and structural norms.

Considering the classical family systems perspective (the resource theory, social exchange theory and systems theory), it is apparent that resources played an important role. The amount of resources women had in the relationship influenced whether or not they were abused. If the courts and the legal system were not serious about dealing with the issue of domestic violence and support networks did not assist women, there was a systemic problem. The systemic problem influenced social exchanges in society. If men were not going to be punished for abusing women, they were likely to continue abusing women. It seemed that women were not getting the resources they should have been getting,

64 which in turn would have allowed them to deal with violence that was perpetrated against them. Different family systems theorists have pointed to structures and the norms that govern these structures. Women gaining resources was seen as a threat to male dominance. None of the above- mentioned theoretical approaches adequately address power imbalances and gender asymmetry, which were taken up by feminists at the time.

The family perspective tended to discard the asymmetrical argument provided by feminists. Most theorists within this group took the view that both men and women equally practise violence (Steinmetz, 1978; Strauss and Gelles, 1986; McNeely and Robinson-Simpson, 1987). Conducting a study in the USA between 1975 and 1985, Strauss and Gelles (1986) saw a decrease in wife-beating. People getting married at a later age and accepting that divorce is a viable option, led to a decrease in violence against wives, and an increase in wives beating up their husbands. Furthermore, during this time period, families were more egalitarian because women were entering the workforce, and feminist ideology was having the desired effect on society (Strauss and Gelles, 1986). States in most Western countries provided women with alternatives in the form of shelters. Women could now tell their husbands that their abusive behaviour was unacceptable. As women entered the workforce, they were empowering themselves economically. This, in turn, provided them with resources to leave violent marriages (Strauss and Gelles, 1986:474). Anderson (2013) indicates that recently, this argument was maintained and extended by contemporary family systems theorists such as Cui, Gordon and Finchman. These authors express the view that because women are becoming more empowered, women, and not men, were more likely to abuse their partners (Anderson, 2013). Public efforts via public campaigns and the media to change normative thinking around spousal abuse were also seen as an effective tool in decreasing the rate of wife-beating. The police becoming more serious about the issue regarding wife-beating, was also given as a reason for a decrease in wife beating (Stauss and Gelles, 1986). In contrast to these results, Strauss and Gelles (1986) found an increase in wives assaulting their husbands.

Contextualising their study within American families, Strauss and Gelles (1986) point out that a majority of cases are due to women acting in self-defence against abuse. McNeely and Robinson- Simpson (1987) elaborate on this point, postulating that women justify the use of violence because they were provoked due to past injustices. However, Steinmetz (1978) who addressed this issue, provided different reasons. According to Steinmetz (1978), women who come from homes where they witnessed violence, were more likely to engage in violence. Various reasons were given by family systems theorists as to why men did not report these issues and why they remain in these relationships.

Previous studies indicated that stigma is a reason why women do not report violence. For men, the sense of stigma resonated even more truly, because they are supposed to be the dominant partner in the relationships. For the same reasons women remain in abusive relationships, men also remain. They stayed because they were afraid their children would be abused (Steinmetz, 1978; McNeely and Robinson-Simpson, 1987). Men were unlikely to gain custody of children because the justice system is more likely to award custody to mothers. Moreover, men were likely to spend more on legal fees compared to women who might be more easily awarded a lawyer without paying any money (McNeely and Robinson-Simpson, 1987). Assumptions that women were more likely to remain in abusive relationships because of lack of recourses, and that they feared for the wellbeing of their children, were viewed as sexist. While husbands earned more money than their wives, if they left, it would have meant they would have to sustain two homes, their own and that of their wives. The comforts of a family home were not available in a tiny residence. They also agreed with the normative ideal, which states a family should not disintegrate (Steinmetz, 1978; McNeely and Robinson- Simpson, 1987). They did not retaliate to physical violence by women because they adopted a chivalrous attitude whereby hitting a woman would be viewed as a form of bullying. Due to their physical strength, they were likely to refrain from hitting women, because if they did, they felt they would severely harm their wives. They also felt that if wives see their bruises, they are more likely to feel guilty (Steinmetz; 1978; McNeely and Robinson, 1987). It seems that this view seems to have maintained momentum in the present. Anderson (2013) states that men are less inclined to report issues. They are likely to use dismissive behaviour such as laughing if they suffer from physical abuse. The focus however of this study is on the abuse of married women. The second theoretical approach classically took a contrasting position.

Feminist theorists use patriarchy as their starting point. Unlike as in the family systems theory, the unit of analysis is women instead of the family. Feminist theorists dismiss the assertion on gender symmetry made by some family systems theorists. Violence experienced by women was not a result of psychopathology. In the past and presently, violence experienced by women in intimate partner relationships was due to a social, cultural and political beliefs, which advocated norms that subjected women to being second-class citizens. Through the process of socialisation, the idea of male privilege was normalised. Males are more likely to engage in domestic violence against women when they are socialised by close networks such as the family, friends and community that condone their behaviours and encourage them to develop a ‘macho’ identity. Children who witness violence as a child are more likely to engage in violence when they are involved in intimate relationships later on in life. Some recent studies indicated that while power is integral to the feminist paradigm, it is also important to consider the males’ perception of the amount of power they have in a relationship. Feminists argue

66 that for centuries, men have abused women. In fact, there was legislation enacted that gave men the right to abuse their wives. For example, in the State of Mississippi in 1824, husbands were allowed to “moderately” chastise their wives in the case of emergency. Similar laws existed in England (Dobash and Dobash, 1979:5; Kurz, 1989; Dobash, Dobash; Wilson and Daly, 1992, McPhail, Busch, Kulkarni and Rice, 2007; Basile, Hall and Walters, 2013; Dixon, 2014).

Dobash and Dobash (1979) who are considered classical feminist theorists, pointed to various studies conducted across Europe and America on violence in the family. Results consistently showed that the family is a site where violence occurs frequently. Furthermore, in most cases, women were victims of abuse. In terms of murders in the family, women were the most likely victims of violence at the hands of their partners. Divorce rates were high in cases where husbands physically assaulted their wives. Dobash and Dobash (1979) found similar results in Scotland. Seventy-six per cent of violence amongst family members was attributed to husbands hitting their wives. Based on these results, they concluded that there is a consistent pattern of husbands abusing their wives. This is due to patriarchy. Bearing the above information in mind, they have reservations regarding the theoretical explanations given by family systems theorists on domestic violence.

Family systems theorists such as Goode (1971) argued that roles which individuals occupy in the family, result in their using force. Sometimes it is more appropriate for one person than the other to use force, because it ensures the system is maintained. Feminists do not agree with this position. The family for them is not an institution which benefits all individuals. The family consists of an oppressive status hierarchy that discriminates against women. The role prescriptions of men and women result in men gaining more satisfaction out of the relationship than what women do. Women are often confined to the home, engaging in domestic labour such as cooking and looking after children, while men are encouraged to work so that they can economically sustain their families. Feminists argue that men have been awarded a higher status in the marriage, which allows them to make important decisions (Dobash and Dobash, 1979; Kurz, 1989). In line with this, physical force against women is a normative response to control women who are seen to be deviating from family norms (Dobash and Dobash, 1979).

A similar argument is made by O’Brian (1971) and Strauss (1973), who argue that married women who take on the role of the predominant partner, are more at risk of violence. Husbands are seen as deviant because this is a form of status incongruence to societal norms, which leads to husbands being unhappy. This ultimately leads to their abusing their wives. Dobash and Dobash (1979) argue that it is not deviant behaviour on the part of husbands, but given prevailing norms, purposeful action in order to maintain their power base in the relationships. In addition to disagreeing with classical family

67 systems theorists on the point of deviance, feminists also disagree with them on taking an ahistorical general inductive view devoid of theoretical explanation. The family systems theory seems to be influenced by positivism that focuses more on standardised procedures, rather than on gaining an understanding of society that looks to create a universal theory on violence. Like previous theorists, Strauss (1973) looks to achieve this, using flow charts in a direct manner. Yet his theory pays no attention to an individual’s history and motives (Dobash and Dobash, 1979).

Dobash and Dobash (1979) indicate that in order to gain an understanding of social issues like domestic violence, it is important to understand the history behind the event. Linking an event in the present to its historical roots, will lead to a comprehensive understanding of the problem. Abstract theories following a positivistic methodology fail to provide a proper comprehension of the problem. One needs to look at not just the history of violence, but also the cultural ideals, which precipitate the individual to commit an act. Therefore, it is important to use a context-specific method that understands phenomena in the social context that considers the social background of an individual being studied (Dobash and Dobash, 1979).

Historically, feminist theories pointed out that women lacked an independent identity (Dobash and Dobash, 1979; Chang, 1996; McPhail et al., 2007). When women were spoken of, they were always spoken of in terms of their “personal relationship to men” (Dobash and Dobash, 1979:32; Chang, 1996). Women were referred to as “mother, daughter, lover, whore and saint” (Dobash and Dobash, 1979:32). Her role was confined to the family. It is argued that religious and legal institutions isolated the role of women in society to the family. Many women have been socialised into thinking that this is their only role. Society offered women very few alternative roles outside the realm of the family. If they did not get married, they were stigmatised. Not only did many women internalise their roles as housewives, but their consciousness was also penetrated by patriarchal ideologies telling them that they were inferior to men (Dobash and Dobash, 1979; Samanthroy, 2010).

Kurz (1989) states that despite America claiming to espouse to principles of gender equality, structures still manifest a patriarchal attitude. Laws, which promote gender equality, are not upheld by law enforcement agencies such as the police who are still of the view that domestic violence is a private matter. Assaults on women are not viewed as criminal offences, but as misdemeanours. This historical understanding provides a locus to understand why women are abused in contemporary society (Dobash and Dobash, 1979).

The feminist perspective has come under scrutiny like any other sociological theoretical perspective. It has been viewed as looking at the issue of domestic violence narrowly, because the focus is only on gender and women being the victims. Critiques argue that women, also in certain instances, are

68 perpetrators of violence. It is not only gender inequality that causes violence. It is important to look at other sociopsychological factors such as personality disorders, issues surrounding substance and child abuse, family conflict, and poverty (Steinmetz, 1978; McPhail et al., 2007). The feminist theory also takes away agency from women by employing a single factor explanation in the form of patriarchy. It is also overreliant on the criminal justice system to deal with the issues of domestic violence. As a result, the feminist theory bears the brunt of critics of the criminal justice system (McPhail et al., 2007).

Classically, these theoretical perspectives seem (family systems and feminist) to be at opposite ends of the spectrum. However, contemporary scholars who classify themselves as family or feminist theorists, have sought to see the relevance of either. Consequently, one notices that theorists develop more comprehensive and integrative perspectives without losing their focus. The following section will look at how the feminist theory has broadened its scope and analysis (McPhail et al., 2007).

3.5 INTEGRATING THE FEMINIST AND FAMILY SYSTEMS THEORY TO GAIN AN OBJECTIVE UNDERSTANDING OF DOMESTIC VIOLENCE

The feminist perspective has evolved over time with some authors such as Johnson (2011) acknowledging there are different types of violence experienced between intimate partners. Johnson (2011) refers to three different types of violence in intimate relationships.

The first form of violence is called intimate terrorism. Intimate terrorism refers to control tactics used by one partner to exercise dominance. This includes the use of physical, psychological and sexual manoeuvres on the part of the perpetrator to achieve this goal of dominance. Johnson (2011) argues that this form of violence is mostly perpetrated by males. This seems to be a modification of Johnson’s (1995) work on patriarchal terrorism. In such a society, using not only violence, but economic subordination, threats, isolation, and other control tactics, men try to control women (Johnson, 1995:284). In subsequent publications, Johnsons (2011) refers to intimate terrorism where there is acknowledgement that this form of violence can be practised by some females and lesbian couples. However, the predominant pepertrators are males. In a society where men purposefully oppress women, Johnson (1995:284) objected to the use of the term ‘battered wife’. This term wrongly focuses on the victim when in fact the focus should be on the perpetrator. Replacing the term wife battering with patriarchal terrorism, allows focus to be placed on the perpetrator, while also allowing for interrogation of the “historical and cultural roots of this form of family violence” (Johnson, 1995:284). Isolation is considered a ‘key ingredient’ of domestic violence. The male batterer seeks to isolate his partner from her family and friends. In order to achieve this, he uses different forms of abuse. He physically abuses his wife to gain control over her. However, threats and psychological

69 abuse are part of his “repertoire.” He takes on the role of a “master” while the wife is the “servant” of his castle (Byrne and Senehi, 2012:87). Byrne and Senehi (2012:87) allude to another critical issue, which relates to goals and employment. Due to batterers trying to a keep leash on their partners, it makes it difficult for abused women to complete their education as well as holding onto a job. Such behaviour is coined by Johnson (2005) as intimate terrorism. In addition to intimate terrorism, Johnson (2011) states that there is another type of violence in intimate relationships which he calls “violent resistance”.

As the second form of violence, violent resistance is a response of the victims, which can be instinctive after they have been attacked. Sometimes though, it is calculated when victims feel they cannot tolerate physical abuse anymore. This is not a very successful form of defence due to men on average being physically stronger than women and as a result, they are using other methods of coping. Those who feel that they have no option might resort to killing the perpetrator (Johnson, 2011). Feminist psychologist Lenore Walker (1984) provides an explanation for the cycle of violence experienced by battered women.

Walker (1984:95) refers to three phases that occur in the cycle of abuse. The first phase is referred to as the tension-building phase. In this phase, males engage in abusive behaviour discreetly through name-calling or physical abuse. In this instance, one notices women trying to calm their partners down. They do not take their husbands’ insults to heart, with some success. This reinforces an unrealistic belief that they can control their husbands (Walker, 1984:95). However, their husbands continue to escalate tension using continuous insults and provocation. Eventually wives cannot handle the situation anymore. They begin to withdraw and eventually prepare themselves for phase two, which Walker (1984) calls the acute battering incident. This phase is where the husband engages in explosive insults and physical assaults. It is in this stage that the police are called to intervene. This phase ends when the abusive partner stops engaging in a violent manner. Walker (1984:96) states this decrease in violence in “naturally reinforcing”, because it reduces tension, making violence a useful tactic for the batterer as it decreases the tension. During the last phase, males who abuse their partners, feel remorse. As a result, they try to make up by giving their partners gifts (Walker, 1984:96). This phase is known as the love contrition phase. The abusers themselves believe they will not engage in abusive behaviour. During the early stages of a relationship, battered wives want to believe that their abusive husbands will change for the better. However, as the relationship develops and abusive behaviour continues, love contrition declines and there is an increase in tension building (Walker, 1984:97). Violent resistance thus refers to women withstanding abuse until they cannot cope anymore, which sometimes leads to their retaliating (Johnson, 2011).

In addition to intimate terrorism and violent resistance, the third type of violence identified by Johnson (2011) is situational violence. Situational couple violence occurs when an argument takes place between couples. The intensity of the argument leads to one partner assaulting the other partner. Perpetration is largely gender-symmetrical. The manifestation of this form of violence is not to gain control or dominance. While a majority of cases might not be excessively serious, there are times where serious injury can occur (Johnson, 1995).

Johnson (2006, cited in Ooms and Johnson) states that the controversy surrounding the difference between family systems theorists and feminist theorists, rests on their use of different methodological approaches in the collection of data. Feminist theorists often use agencies such as shelters to collect data. Therefore, they are likely to find cases of intimate terrorism. Family systems theorists accuse feminist theorist of bias because they predominantly use data from such agencies. However, family theories do not realise their own biases when they use general surveys. Forty per cent of Americans do not take part in these studies. The forty per cent who do not take part in these studies, are likely to be either victims of intimate terrorism or perpetrators of it. Both sides will not want to talk because of fear (Ooms and Johnson, 2006). In addition to different types of violence, it has been argued that other social factors beyond patriarchy need to be considered.

Bograd (1999), a family therapist, argues that in addition to patriarchy, other factors must be considered because people who come from different social backgrounds will experience domestic violence differently. The notion of the family being a “boundaried, safe, domestic sphere” that is not threatened by domestic violence is not a universal notion of the family, but one that characterises a middle-class family that is demographically white (Bograd, 1999:276). This notion does not exist amongst people who come from different racial and lower-class backgrounds. Research seems to focus on the middle-class but not other classes (Bograd, 1999). According to Bograd (1999:278):

“Research data suggest that social class is inversely related to the severity of violence, although domestic violence occurs across all classes (Holtzworth-Munroe et al., 1997). However, although class is a standard dimension of most research, inquiries into the prevalence of violence in the lives of poor women and children remained startlingly absent”.

Sometimes race intersects with sexual orientation. Abused black lesbian women are aware of racial discrimination and, therefore, might not report abuse because they feel that it will not be dealt with per se, but would receive a reactionary response whereby people coming from a dominant culture would see her report a ‘black’ problem. Other factors, such as religion, also influence women seeking help. For example, some Jewish women do not report violence because they are pressured by the communities they belong to, to stay quiet. If they report, they will be viewed as “inviting” anti-Semitic reactions (Bograd, 1999:281). Hence, it is noticed that gender and religious identities are intersecting,

71 which influences whether or not she seeks help (Bograd, 1999). By introducing class, race and religion, Bograd (1999) is arguing that gender inequality is more nuanced. Patriarchy manifests itself differently according to these intersecting factors. Hence, a black woman coming from a working- class background will experience violence differently compared to a white woman who is from a middle-class background. McPhail et al. (2007) point out that the feminist theory began with gender as its main unit of analysis. Over the years, however, feminists have broadened their analysis by realising that gender is influenced by other social issues such as race, class, nationality and sexual orientation. This is important. It is noticed that these factors are adopted by some family therapists who argue that when these factors are not considered, sometimes people who deserve therapy, do not receive it. After interviewing social workers who adopted a feminist worldview, McPhail et al. (2007) suggested an integrated framework, which allowed for a more objective outlook of domestic violence. This integrated framework focused on the behaviour of the individual, rather than who the victim was. This allowed for gender to be viewed more objectively. They also suggested that social workers should be trained to deal with issues that were not only patriarchal in nature, such as dealing with issues like child abuse and substance abuse. At the same time, they also cautioned readers that one cannot ignore the gender injustices that exist in our society. The feminist movement made the issue of intimate partner violence a public issue that required institutional intervention. While there are other issues influencing intimate partner violence, gender remains the most critical causal factor of family violence (McPhail et al., 2007). While they acknowledged their narrow focus on the issue of domestic violence and overreliance on the criminal justice system, the social workers McPhail et al. (2007) interviewed, made cautious reference to alternative avenues other than the law in dealing with domestic violence. The community and the family are viewed with caution, as these structures are still influenced by patriarchy that normalises the violence experienced by women.

George and Stith (2014) reason that when one looks at factors beyond patriarchy, it does not mean that an antifeminist position is taken. It is important to consider that both males and females engage in acts of domestic violence. While patriarchy is important, other factors such as psychiatric and substance abuse must be considered. Acknowledging these issues, does not negate the relevance of feminism. Using the third wave of feminism, which focuses on intersectionality as a theoretical lens, they argue that domestic violence is not limited to patriarchy. Women’s experiences are not the same around the world. Issues such as race, religion and class must be considered. Considering women’s experiences as the same, results in essentialising their identities. Doing so obscures the differential experiences of women coming from vast backgrounds. One cannot ask women to commit towards a universal value without understanding their different historical trajectories (George and Stith, 2014). Women’s identities are not only essentialised along gender, but also along cultural lines.

Women are categorised as all “Middle-Eastern women” and “all Western women”. Doing so, conflates women’s experiences under dominant cultural norms. For example, in India, it might be argued that traditional women do not leave their marriages. Such a message invokes a sense of guilt in women, even if she is in an abusive marriage. These views ensure that boundaries between different cultures are maintained that sometimes serve the interest of those who are seeking an oppressive agenda. Hence, if an Indian woman decides to get divorced, she is viewed as modern; therefore, deviating from cultural norms. In order to move beyond an essentialist view, it is important to consider the histories, which influence the practices of women. Doing so will provide an understanding of a specific historical practice (George and Stith, 2014). It is not just feminists that see the importance of integrating both the family systems theory and feminist theory. The family systems theory also sees the importance of both perspectives.

While gender is seen as important, using data collected from the National Survey of Families wave one, Anderson (1997) indicated that it is important to consider, that sociodemographic issues such as race, age and income do not influence the perpetration of domestic violence in a similar fashion. In American society, for some men, the creation of a masculine identity was more important to that of a feminine identity. It is imperative for certain men to prove they do not possess a feminine identity; hence the focus for some of them on developing a masculine identity. One way of showing their gender superiority is through their income earnings. However, due to class and race restrictions placed on men, their partners sometimes earn more than them. Some of these men find their masculine identity in a state of crisis. How do they solve these crises? They might turn to violence, as violence in an American society is viewed as being a masculine trait. This is the reason one finds men engaging in domestic violence compared to women (Anderson, 1997). Toby (1966) alluded to Parsons’ compulsive masculinity hypotheses where certain males who grow up in single-headed households without a father, feel the need to prove they are not like their mothers. As a result, they engage in violence. Anderson’s (1997) views on income discrepancies to a certain extent, confirms the compulsive masculine identity hypotheses. Some men feel the need to show they are masculine when they lack resources. As a result, they might abuse their partners.

Basile et al. (2013) explain the resource theory by making specific reference to the male perpetration of domestic violence. They interviewed male perpetrators from Texas between 2005 and 2006. Basile et al. (2013) examined the resource and feminist theory like Anderson (1997). They, however, looked at domestic violence perpetration in more detail by looking at how moderating factors such as not being able to argue adequately, substance abuse and male dominance, influenced whether or not respondents engaged in domestic violence. Furthermore, they considered how different factors influenced different types of domestic violence. People who earned lower incomes and suffered from

73 job strain, were more likely to engage in domestic violence such as physical and psychological abuse. They found that education per se did not influence domestic violence. Moderating factors such as ineffective communication during arguments and dominance played an important role. People who had poor communication skills were more likely to engage in psychological abuse. Individuals who displayed dominant behaviour were more likely to engage in psychological and sexual violence. The point Basile et al. (2013) are making here, is that one should not look at resources as a lone entity. It is important to look at how individuals interact with these resources. It is this interaction with resources, which influences how abusive they are with their partners.

In the same study, key assumptions of the feminist theory were evaluated taking into account using early experiences of violence, attitudes towards women, attitudes towards domestic violence, and environmental factors (Basile et al., 2013:858). Early life experiences of psychological abuse, the influence of seeing others fight, peers who have a favourable attitude towards violence, and peers who engage in stalking, had a significant influence on whether perpetrators engaged in the perpetration of violence against their partners. In this study, it was found that power and control were important mediators between early experiences and the perpetration of the different types of abuse (Basile et al., 2013). Early childhood experiences only resulted in psychological abuse being perpetrated. Peer support for violence was influenced by hostile sexual views towards women (Basile et al, 2013).

Considering the above views, the next section looks at empirical evidence regarding the causes of domestic violence in different societies. It will be noticed that it is difficult to adopt a classical position. It is of utmost importance that an integrated approach which acknowledges nuances of different but multicultural contexts, be considered.

3.6 SOCIAL FACTORS INFLUENCING DOMESTIC VIOLENCE

The previous section critically discussed two classical sociological perspectives. This was followed by looking at how both perspectives have evolved over time, leading to theorists from both sides realising the validity of either side’s argument. The following discussion will discuss how one cannot dismiss either perspective by firstly considering an important debate surrounding domestic violence, which is whether domestic violence is a public or private issue. Secondly, religion, which is of vital importance to this study, is considered. It also builds on the first factor surrounding domestic violence being a public or private problem. Lastly, legislation governing domestic violence is discussed. These different factors will show that one cannot discard either the family or feminist theory.

3.6.1 The private versus public conundrum

According to Byrne and Senehi (2012:83), violence on a domestic scale in comparison to violence taking place at the macro level, cannot be separated. These authors state that:

“Historically, violence and domination represent the foundation of man’s power against women, children, the environment, indigenous peoples and weaker nations. Both spheres have common structural sources, and within which sphere similar arrangements that foster battering (Tifft and Markham [,] 1991). Private /domestic violence is a private matter that allows male batterers to batter and subordinate women, while public/military violence is a legitimate and acceptable mechanism to exploit and dominate developing nations (Enloe, 2000; Tifft and Markham[,]1991)” (Byrne and Senehi, 2012:83).

Byrne and Senehi (2012:83) are alluding to domestic violence, which had historically been deemed a private matter. By being considered a private problem, men continue to abuse women without there being much intervention (Byrne and Senehi, 2012:83). Historically, separating the private and public sphere seems to have increased the prevalence and incidence rates of domestic violence. The concept “public” includes different domains. These domains include issues that affect the political, governmental and economic issues of a particular society (Moore, 2003:1; Rasool-Bessadien and Hotchfield, 2005:7). Domestic violence is dealt with at a political and policy level. In recent years there has been efforts made to make domestic violence a public issue (Mogstad, Dryding and Fiorotto, 2016). However, the interaction of both of these spaces has led to the issue of domestic violence becoming blurry.

In Albania, the Minnesota Advocates Delegation asked a police officer where women could report cases of domestic violence if they were victimised. The police officer responded with a laugh. In Honduras, a police officer convinced a family not to lodge a complaint against their abused sister’s assailant as she was “his woman” and hence he could act with impunity in terms of how he behaved towards her (Moore, 2003:95). In Brazil, seventy per cent of domestic violence cases are suspended. Similarly, in Nigeria the state does not take positive intervention steps as a penal code is practised where men are allowed to abuse their wives as long as they do not cause “grievous harm” (Moore, 2003:95-96).

South Africa has many poor families who do not have adequate housing. Sometimes people live in one room, or there are no doors separating the different rooms. As a result, children are direct spectators of the violence. Neighbours are also aware of the domestic violence due to houses or shacks being built so close to each other. According to one respondent interviewed by Rasool-Bessadien and Hotchfield (2005:7):

“My neighbour beats his wife but I do [not] call the police.”

Similarly, in a study conducted on domestic violence and policing, in Khayelitsha by Mogstad et al. (2016), using focus groups of men and women as well as individual interviews, revealed that domestic violence was a serious issue in the area. Yet very few cases were reported to the police. Then premier, Helen Zille tasked a commission to investigate violence in Khayelitsha. The commission found various inefficiencies with the police. However, they did not address domestic violence as they did not consider sociocultural beliefs surrounding domestic violence in the area. In this study, similar to Rasool-Bessadien and Hotcfield (2005), participants indicated that they would not report cases of domestic violence if they were aware of it affecting others. They felt that it was not their business to interfere in others’ matters. Unlike that study, some female participants indicated that they would advise women to leave their partners, and seek the assistance of an NGO. They stated that they would even provide shelter.

Such cases do not only apply to the poor. In certain communities such as the Afrikaans and Indian communities, parents, siblings, as well as other members of the community, also live in the same household. Hence, they are aware of abuse or violence that takes place. Sometimes family members are present when the abuse occurs. Even if the family members do not live in the same household, they are aware that it exists. Importantly, domestic violence is not only confined to the home. In addition to being abused in the context of the home, women are also abused in public spaces such as streets and taverns in South Africa. Witnesses of these cases include immediate and extended family members as well as close acquaintances, neighbours and friends (Rasool-Bessadien and Hotchfield, 2005:7).

Bearing the above argument in mind, it can be deemed contradictory when reading reports that indicate while domestic violence occurs in different communities, it is more visible in homes considered poor as compared to homes perceived as wealthy (Johnston, 2007:1). This creates the view that domestic violence is private. The Domestic Violence Act of 1998 indicates, at least on paper, the political and policy progress that have been made. However, because domestic violence is not dealt with at a socio-cultural level, such policies will not reach their full potential. Within various communities, it is seen as culturally inappropriate for women to report their partner to the police because they would be disrupting the family, and putting the father of their children in jail. Some victims even blame themselves. It is more appropriate to solve the problems using the family. It is argued that many communities face unemployment and scarcity of resources (Rasool-Bessadien and Hotchfield, 2005; Mogstad et al., 2016). It is this sphere of the public which normalises violence.

Based on research conducted in the United Kingdom, Hanmer (2000:17) states:

“Cultural values governing the boundaries of acceptable violence are not static. Gradations of violent behavior may become acceptable or unacceptable to others as time passes. The cultural boundaries that are threatened with transgression remain intact if values shift to accommodate a wider range of behaviors from the husband/father. Acceptance of violence to wives and children can also increase over time, if family and the interventions of others to limit violence from the father/husband are not successful.”

Hanmer (2000:17) indicates the important role culture plays in either domestic violence being inhibited or perpetuated. If interventions are not successful in prohibiting violent behaviour, then it will be difficult to eradicate the issue of domestic violence. Irrespective of race or religion or ethnicity, in South Africa, culture is seen as playing an important role in permeating domestic violence.

Sideris (2005) discusses the anxiety created in men because of women’s sense of agency and independent identity. Contexualising her study in the Nkomazi region of South Africa, according to Sideris (2005:104), culture retains a powerful place in specifying identity and gender conflicts. She states:

“Confronted by male domination, representatives of [community] institutions are at the forefront of appealing to “culture” and tradition to reassert male authority.”

Stauffer (2015:9) adds to this argument by maintaining that historically women from Bantustans in South Africa were viewed as dependents. Cultural practices did not allow some women to negotiate their bride price. They are viewed as commodities that are sold to potential grooms. This makes it difficult for them to leave abusive relationships (Stauffer, 2015:1). Elders prevent women from seeking external assistance. Meetings are held with traditional authorities to deal with such issues. Often women are blamed in cases of rape or if their husbands have extra-marital affairs (Dissel and Ngubane, 2003; Rasool-Bessadien and Hotchfield, 2005; Mogstad et al., 2016). In Dissel and Ngubane’s (2003) study on the use of mediation as a form of restorative justice to solve domestic violence, shockingly, one participant indicated that her abusive husband spoke on behalf of her. Unlike Rasool-Bessadien and Hotchfield’s (2005) study, traditional authority encouraged women to use external assistance in the form of mediation.

Johnston (2007) is of a similar view. In African culture, women who want to get divorced are viewed as “uncontrollable” or “returned soldiers”, which is “a sign of failure” or viewed as “shameful” (Johnston, 2007).

It is not just traditional authorities that deploy a conservative stance in dealing with domestic violence. Family members are used to solve problems. A reconciliatory approach is used to solve the problem. Often women need to talk to the family of their partners. Unsurprisingly, they take the sides of the 77 husband. Even the victims’ own families pressurise them not to break the relationships (Rasool- Bessadien and Hotchfield, 2005; Mogstad et al., 2016). As a result, this allows men to act with impunity, hence reinforcing a patriarchal culture (Rasool-Bessadien and Hotchfield, 2005:8).

Therefore, when one investigates the issue of the public and the private, while an effort has been made to make domestic violence a public issue, socio-culturally, it is still viewed as a private matter.

3.6.2 Religion used to perpetuate a culture of violence in the home

Reflecting on the United Nations’ declaration to eliminate violence against women, Samanthroy (2010:25) stated:

“Even though most societies proscribe violence against women, the reality is that violations against women’s human rights are often sanctioned under the garb of cultural practices and norms or through the misinterpretation of religious tenants.”

According to Gilad (2014:278), while it is difficult to ascertain the severity of domestic violence in religious communities, it is clear that women within them are susceptible to domestic violence. Nason Clark (2004:303) indicates that in religious communities, it is found that some of the men who made a pact with God that they would “love and cherish” women they are looking at marrying, are the very same individuals who abuse their wives. In 1989, the Christian Reformed Church, using survey research and a small random sample in North America, conducted a study on domestic violence. It was found that twenty-eight per cent of partners suffered from one or other form of abuse (Nason- Clark, 2004:303). In religious societies, women are more likely to remain in violent relationships and “believe the abuser’s promise to change his violent ways” (Gilad, 2014:478). Religion, according to Gilad (2014) plays an important role in influencing people’s identity in the USA and around the world. Reflecting on the same context, Nason-Clark (2004) echoes a similar view on some women remaining in relationships, believing that their abusive husbands will change their behaviour. There is also a sense of reluctance to seek help from shelters. All of this occurs because women in these contexts, feel as though they are failures in the eyes of God and their families because they could not make their relationships work (Nason-Clark, 2004:304-305). The view, which is echoed historically and in contemporary society, is that religious scriptures have been “misused” so that men can justify the abuse of women. Reflecting on domestic violence amongst Americans, Christians, Jews and Muslims, Fortune, Abugideiri and Dratch (2010:1) agree with this view by stating:

“Religious concerns can become roadblocks or resources for those dealing with experiences of domestic violence because these concerns are central to many people’s lives. The outcome depends on how they are handled. Misinterpretation and misuse of religious texts and traditions have often had a detrimental effect on individuals and families dealing with domestic violence.

Misinterpretation or misuse can contribute substantially to guilt, self-blame, and suffering among victims. Likewise, they can contribute to rationalizations used by those who abuse.”

Gilad (2014) is of the opinion that many communities which are considered as religious, ascribe higher status to men than women. Men are ascribed leadership roles, while women are supposed to be passive and compliant. The division of labour prescribed by religion sees women occupying the role of handling domestic issues related to the household, while men are supposed to economically maintain the household. One of the duties a wife is entrusted with, is that she is supposed to maintain peace in the household. Hence the prescribed role ascribed to women results in their remaining in abusive relationships. They are not supposed to challenge men because religion prescribes women to be compliant and passive. As some women are economically dependent on their husbands, they are reluctant to leave abusive relationships. Due to their being given the role of ensuring stability in the home, they are afraid to leave harmful relationships, as they are afraid that they are not doing what God wants them to do. A similar argument is made by Nason-Clark (2004:304) who also refers to economic dependency, reluctance to seek help from community shelters, self-blame and religious failure as reasons for women remaining in abusive relationships (Nason-Clark, 2004:304). Religious texts have been interpreted in such a manner so that men can “threaten, intimidate, instil guilt and keep the oppressed under their control” (Gilad, 2014:482).

Rabbani et al., (2008) argue that in South Asia, amongst the Muslim communities, Quranic verses have been manipulated in order to develop a patriarchal society. As women have no right to decide whom they want to marry, their homes are regarded as temporary before they move to their husband’s home, which is regarded as a permanent residence. They cannot actively participate in any economic activity. Women themselves internalise the belief that their survival is dependent upon the existence of men. Often one finds religious leaders enacting these belief systems.

Domestic violence is often viewed as a spiritual issue. As a result, women seek help from the clergy. This results in women being blamed. They are reluctant to make independent decisions and are deterred from seeking advice from “secular” structures (Gilad, 2014:482-483). According to Fortune et al (2010:2), religious texts are often misused by religious faith groups when oversimplified explanations are given to complex issues such as domestic violence. Women are given advice such as:

“ ‘Keep the commandments and everything will be fine.’ ‘Keep praying.’ ‘Just accept Jesus Christ as your Lord and Savio[u]r and you will be healthy, prosperous, popular, and happy.’ ‘Get closer to God.’ ‘Be patient, and you will be rewarded.’ ‘Go to services each week.’ ‘Pray harder’ ” (Fortune et al., 2010:2)

This clearly shows that religious structures sometimes play a role in maintaining practices of domestic violence if they ask women to continue to remain in relationships. Using such advice may lead abused women to blame themselves, thinking that the Almighty God is punishing them, or has decided to abandon them. Misinterpretation of verses can be regarded as a form of spiritual abuse. Any religious institution should provide support to individuals who come to them when they experience difficult issues such as domestic violence. In their teachings, Christianity, Judaism and Islam, address such issues of domestic violence. It is critical to realise the difficulties and complexities of such issues. This can act as a sign that God is there to assist them (Fortune et al., 2010; Gilad, 2014:1982).

Religious professionals are also reluctant to refer women to non-religious or secular organisations because they fear these environments are not conducive to religious women. However, there is a mutual distrust as secular organisations encourage women to not just leave abusive relationships, but also to denounce their religion altogether (Gilad, 2014; Nason-Clark, 2004:304). Sometimes people coming from different backgrounds might look to deal with issues differently. Fortune et al. (2010:3) from the “Faith Trust Institute”, an organisation that looks to address the issue of domestic violence in America, provide an example of this case:

“We received a call from a local shelter for abused women. The shelter worker indicated that she had a badly beaten woman there whose minister had told her to go back home to her husband. The worker asked us to call the minister and‚ straighten him out. Ten minutes later we received a call from the minister. He said that the shelter had one of his parishioners there and the shelter worker had told her to get a divorce. He asked us to call the shelter and‚ straighten them out.”

Both the religious leader and the social worker had the interest of the victim in mind; they dealt with it from different points of view. The religious leader was concerned with the maintenance of the family, while the social worker was concerned about the life of the victim. Both could not see each other’s point of view (Fortune et al, 2010). Fortune et al. (2010) indicate that they arranged a meeting whereby they were able to solve the problem successfully. Bearing this mind, it was important for religious leaders and social workers coming from a secular background to work with each other (Fortune et al., 2010).

Rasool-Bessadien and Hotchfield (2005:8) indicate that some women in South Africa sought the help of religious leaders. However, religious leaders often tell women to remain in these relationships as it protects the sanctity of marriage. Sometimes they even condone the violence experienced by women as it keeps them in their place. Participants in the Boonzaier and De La Rey study (2003:1015), refer to Islamic and Catholic leaders from whom they sought help.

According to a participant named Gail:

“You know the Catholic beliefs are totally different from the other religions. The Catholic priest will try to keep your marriage together no matter what. They say you must take your cross and bear it all” (Boonzaier and De La Rey, 2003:1015).

The participant named Gill stated:

“And you know, like with the Moslems, if you go to them, they always talking about reconciling and things like that. And I mean, when I went to the judicial council, I told the Imam, listen here, I want my divorce. So he told me no…I must reconcile with my husband”. (Boonzaier and De La Rey, 2003:1015)

It is not just religious structures which are problematic but legislation

3.6.3 Progressive laws impeded by a culture of patriarchy

If oceans and inland boundaries have set the legislative sharks and lions free to deal with domestic violence, it seems these sharks and lions do not possess teeth sharp enough to chew this scourge away. These issues bring into question the role of government.

Legislation against social problems can only be successful if the broader social and cultural influences of a specific society are taken into consideration (Gilad, 2014). Moore (2003) points out how the agencies of the state, such as the police, do not assist women who are victims of domestic violence because of cultural norms in countries such as Honduras and Albania. In Zambia, magistrates use customary law to condone battery, arguing that battered women have no grounds for divorce (Rasool, 2012:36).

Section 12 (c) of the South African Bill of Rights states:

Everyone has the right to freedom and security of the person, which includes the right to be free from violence from either public or private sources.

Section 7 (2) of the Constitution indicates that what is stated in the Bill of Rights needs to be adhered to. Moreover, according to South African law, as enshrined in the Domestic Violence Act of 1998, it is illegal to abuse another person. Under the Act, persons can gain a protection order if they are abused. This order can be gained from the court without an attorney. The magistrate will listen to the victim before issuing an interim protection order. The victim can ask for some elements such as confiscating a firearm from the perpetrator, or a police officer to accompany them to fetch their belongings from the perpetrator's house, to be included in the order. Once the protection order has been served, the perpetrator is given notice to appear in court, whereupon the magistrate will decide whether the order should be final and if a warrant of arrest should be given. In 2004, the government introduced the “Integrated, Domestic Violence Training Manuel.” The purpose was to assist agents 81 such as police officers, magistrates and counsellors who act on behalf of the state, in dealing with domestic violence in an adequate and proficient manner (Bendall, 2010).

In 2005, Altbeker (2005) indicated that police who conduct foot patrols had to deal with many cases of domestic violence. Yet, they have a non-enthusiastic attitude towards the issue of domestic violence. There is too much bureaucracy such as paperwork involved, and if they arrest these perpetrators, the case will most likely be withdrawn when the matter is dealt with in court. Moreover, police officers are ill-equipped to deal with social and individual issues such as alcoholism and poverty, which lead to domestic violence (Altbeker, 2005:17-18). While the South African Police are notorious for having a neglectful attitude towards domestic violence, Bendall (2010:110) is of the view that this is changing. She states that if the police neglect cases of domestic violence, they should be reported to the Independent Complaints Department (ICD). The ICD reports cases where police neglect their duties to parliament. The fact that only one case was reported to parliament indicates that the police are taking the issue of domestic violence seriously. She spoke to a police officer who told her that they now “signed a pledge”, which is an indication of their dealing seriously with domestic violence. A change in attitude was brought about by the introduction of the Domestic Violence Act of 1998. Police officers have to go for a five-day course on domestic violence (Bendall, 2010:111). The change in the attitude of the police has seen more people reporting cases of domestic violence. The views of the police officer to whom Bendall (2010:112) spoke, are supported by her reference to Sydenham, where police launched their own Victim Empowerment Centre. This centre educates people in Sydenham and the surrounding areas on how they should protect themselves, as well as the services they can utilise if they experience domestic violence. Thus, it could be argued that the state and the police are making a useful contribution towards dealing with domestic violence (Bendall, 2010). However, other authors do not share this view.

Stauffer (2015:10) argues that the state has colluded with advocates of customary law in dealing with the issue of domestic violence in order to bridge the divide. The consequence of such an effort has led to many women being denied support from either side of the coalition. While the laws enacted post-1994 are commendable, they have not been implemented to the extent where their potential can be realised. A lack of financial resources has led to inadequate security and infrastructure needed for these laws to be fully implemented. Consequently, the priorities of the state have been questioned. The national budget indicates that government does not see domestic violence as a priority issue to be dealt with, despite South Africa being known as a society where women have to endure violence that is often “condoned by society” (Stauffer, 2015:10-11). Altbeker (2005:14) indicated that police officers would rather chase “real criminals” and “what goes on behind the walls and doors of people’s homes, is simply not the business of the police”. Moreover, while acknowledging strides made by the

82 police, Bendall (2010:105) is of the view that there are instances where members of the police force are unwilling to assist victims of domestic violence. Building on this point, Bendall (2010) indicates that with the South African Police Force, individuals feel they should not interfere in private matters. Some of them are unwilling to assist victims of domestic violence to the point that they suffer “secondary victimization” (Bendall, 2010:112). She further indicates that police officers are themselves perpetrators or colluders in domestic violence. In the year of 2001, then police Chief Jackie Selebi stated that new laws on domestic violence were “unimplementable” and that they were made for a country like Sweden, not South Africa. He further elaborated on these laws by saying that they are “like the smoking and the cell-phone laws, they cannot be policed” (Selebi cited in Bendall, 2010:112). Bendall (2010) interpreted the then police commissioner’s views as being hostile towards progressive legislation.

South Africa is a multicultural society. However, patriarchal discourses appear to impede the work of officers. It is not just the state that is guilty of maintaining domestic violence, religious structures seem to be following a similar line of thought and practice as the state.

As elaborated in Chapter Two, in Muslim countries such as Morocco and Tunisia, progressive legislation has been introduced. However, like the Domestic Violence Act in South Africa, it is not properly implemented. Women need to produce witnesses in Morocco. Failure to do so results in their being forced to return to the marital home. In South Africa, Islamic law is not yet legal. However, when Muslim women approach religious organisations, they are unable to get divorced because religious leaders are viewed as adopting a conservative approach and favouring the husband (Sadiqi, 2010; Abrahams-Fayker, 2011; Hoel, 2012).

When focusing on this study, Muslim women’s experiences of domestic violence are similar to those of women in other social contexts. Patriarchy, as pointed out by feminist theorists, is important to consider. However, as pointed out by Muslim Feminist Sadiqi (2010), women experience patriarchy differently in different societies. Sadiqi (2010) for example, cites the issue of essential roles being awarded to the different sexes, which makes Muslim women susceptible to domestic violence. In America, Abugideiri (2005) points out that men use Quranic verses in isolation to justify their supposed dominance over their wives. While the likes of Ansari (2006) indicate that men are not supposed to do this, some of them are doing so. Verse 4:34 of the Quran has been interpreted in such a manner where men are allowed to abuse women (Al Khateeb, n.d.). Similarly, in Nigeria, men abuse the laws of polygyny. Polygyny is only allowed under certain circumstances in Islam. One of them being economically just towards all the wives. Despite experiencing poverty, Nigerian men still engage in this type of marriage. Like other countries, women in Nigeria do not have a strong enough

83 voice in the marriage (Sada et al., 2005; Yusuf, 2005). In South Africa, Muslim women also experience a lack of voice whereby they were generally socialised to not question their husbands (Nordien et al., 2003). Therefore, religious laws are purposefully misinterpreted to ensure a patriarchal agenda. In different Muslim contexts, ranging from America, to the Indian subcontinent funnelling down to South Africa, many families view domestic violence as a private matter and some of them prevent women from asking for divorce, fearing shame that will be brought to the family (Faizi, 2001; Rabbani et al., 2008; Sadiqi, 2010; Suleman, 2011; Rasool, 2012; Khan, 2013). While patriarchy plays an important role, one cannot ignore the role of structural factors raised by family systems theorists. It is these structural factors that perpetuate patriarchy. In Muslim countries and in South Africa, there are progressive legislation to assist women. However, the implementation has being poor (Bendall, 2010; Sadiqi, 2010). Class discrepencies also make it difficult for Muslim women in Muslim countries to get a divorce (Al Hibri, 1982; Sadiqi, 2010; Akthar and Metraux, 2013).

The above arguments that draw on different issues such as culture, religion and law, show patriarchy as having a strong resonance across different sociocultural spheres. This calls for a deeper analysis of violence as a whole.

3.7 BREAKING DOWN THE CONCEPT OF VIOLENCE

According to Chopra (2014:19), as life has become increasingly complex, there has been an increase in violence and aggression. Individuals belonging to different social categories and collectives have suffered from violence. In her discussion on violence, Chopra (2014:14) alerts her readers to important information. Chopra (2014:19) is of the view that while violence “is spread across the globe”, society is only aware of the visible forms of violence. According to her, this “is just the tip of iceberg” in analysing or understanding violence. Chopra (2014:14) is alluding to the positivistic notion of violence. There are different forms of violence.

Positivistic sociologist such as Tilly (2001) defines violence in terms of visible violence, whereby there is a visible perpetrator who engages in visible action to harm a visible victim. Winter (2012:196) has reservations regarding this definition. By restrictively stating that violence must be visible, this definition fails to take into account the fact that injury is not always visible. Furthermore, this definition fails to account for social and economic conditions, which precipitate the likelihood of violence taking place. Theorists such as Marx and Gramsci have alluded to historical and economic conditions that result in people suffering due to the power the dominant class has over the subordinate class who find themselves on the peripheries of society. Using ideologies such as labour exploitation and the manufacturing of popular consent respectively, these authors elaborate on how the dominant

84 class creates and maintains a hegemonic society to the detriment of those who find themselves down the class ladder. However, these authors do not view these ideologies as violence (Cocks, 2012). Galtung (1996) was one of the first theorists who used the word violence instead of words such as capitalism and imperialism (Cocks, 2012). For Galtung (1996:2), peace can only exist in a society if there is no violence. He argues that when there are catastrophes which could have been avoided, yet they were not, then such forms of catastrophes should be considered as violence. For example, consider an individual who dies of an illness such as tuberculosis. If there had been treatment available, but that treatment was not given to this patient, he or she was a victim of violence (Galtung, 1996:168-169).

According to Galtung (1996:2), there are three forms of violence, which are direct, structural, and cultural violence. Direct violence refers to visible acts of violence committed by persons or people:

“We shall refer to the type of violence where there is an actor that commits the violence as personal or direct” (Galtung, 1996:170).

The first form of direct violence exists in the form of killing. This often occurs between countries engaging in war. In addition to war, direct violence presents itself in the form of maiming such as sanctions and boycott by the aggressor, such as a government. This might not seem violent, yet those who are victims of maiming die a slow, painful death due to malnutrition and insufficient medical access. The victims are normally the weakest: women, children and the elderly. In the event of maiming, the aggressor, which could be a government or a normal individual, does not face the victim directly. He or she presents their victims with the option of choosing between their lives or their freedom to express themselves. Repression is another form of direct violence that either expels people from society, or alternatively detains people in prison. Linked to this form of violence, is socialisation where victims are desocialised from the culture they belong to, and re-socialised into the aggressors’ culture. For example, in schools, children, who do not subscribe to the dominant culture, are taught by the school system that their parents’ culture is inferior to the dominant culture of society. Imposing a language on a child, which they do not speak, typifies this point (Galtung, 1996:198). Direct violence often blurs our foresight in gaining a deeper understanding of violence (Chopra, 2014:14).

In contrast to direct violence, structural violence is indirect. Structural violence is the unequal distribution of resources and unequal opportunity initiatives by non-visible aggressors, which lead to "unequal life chances” (Galtung, 1996:171). The structure causes violence.

Bourgois (2009:17) states that structural violence refers to:

“Less visible forms of, coercion, fear, subjectification through which violence deceptively and perniciously morphs over time throughout history.” 85

Bourgois (2009:17) is referring to structures in society that create and maintain violence. Structural violence refers to a situation when one group’s voice is heard in contrast to others. According to Galtung (1996:2), it exists “between humans, between sets of humans, (societies), between sets of society’s (alliances, regions) in the world” Within a specific structure, one group benefits more compared to other groups (Galtung, 1996:2; Springs, 2016). Bourgois (2009:19) refers to structural violence as:

“Political-economic forces, international terms of trade, and unequal access to resources, services rights and security that limits life chance.”

Hence, structural violence resides within “structures themselves” (Galtung 1996:2). It exists within the individual internally. Additionally, it exists outside the individual in the form of repression and exploitation. Structural violence manifests itself in the form of “racism”, “gender” inequality and trade inequalities between developing and developed countries (Galtung, 1996:2; Bourgois, 2009:19). Samanthroy (2010:26) gives a similar view by stating that structural violence refers to:

“A lack of access to power to protect oneself from the detrimental effects of the economic, political and social order.”

Structural violence is normalised by state institutions (Samanthroy, 2010). Galtung (1996:2) metaphorically explains dominations using the metaphors of “top dog” and “underdog”. In this study the “top dog” will be referred to as the oppressor and the “underdog” will be refered to as the oppressed. The aggressor is the ‘oppressor’ and the victim is the ‘oppressed’ (Galtung, 1996:198- 199). Within structures, the ‘oppressors’ use exploitation, so they benefit more than the ‘oppressed’ in the interaction process (Galtung, 1996:198). Some groups have more access to resources as compared to others. Structural violence normalises inequality in a specific society. Non-egalitarian societies cultivate the roots for direct violence to bloom by inflicting society with power imbalances and the unequal distribution of resources (Galtung, 1996; Opotow, 2011:151-152; Springs, 2016:383). Either the victims of structural violence might live in a “constant state of misery” whereby they suffer from “illness” and “malnutrition”, or they might die because of diseases and starvation (Galtung, 1996:198). This form of violence not only harms the individual physically. Victims of structural violence are left with spiritual and psychological scars. The consequences of structural violence are similar to that of direct violence where “suffering and death” are a likely outcome (Galtung, 1996:199; Samanthroy, 2010:26; Springs, 2016). However, it manifests itself in a subtle fashion, with damage occurring very slowly and more cumbersome to repair (Samanthroy, 2010:26). Structural violence is created and maintained via four processes, which influence how the victims perceive social reality.

The aggressor penetrates the consciousness of the victim whereby the ‘oppressor’ is implanted “inside the oppressed so to speak” (Galtung, 1996:199). He does not elaborate on this point. However, Springs (2016) shares light on this. According to Springs (2016), penetration refers to scenarios where the victims or ‘oppressed’ internalise processes of inequality. The consequence is they do not retaliate but think it is necessary. For example, people who are on the receiving end of stigmatisation think it is necessary or inescapable. The consequence is the oppressed feel as though they are endangered, while also feeling a sense of decreased self-worth (Springs, 2016). Via segmentation ‘the oppressed’ only gains a partial understanding of social reality. Bearing this in mind, the process of “penetration” seems to be a step whereby, psychologically, the oppressed accepts the ‘oppressor’s’ version of social reality. Through the process of marginalisation, the oppressed is kept on the peripheries of society. Using fragmentation, the ‘oppressor’ makes sure that the ‘oppressed’ does not interact with others, which will result in their stepping out of a false consciousness, thereby mobilising against the ‘oppressor’ (Galtung, 1996; Springs, 2016). Samanthroy (2010) builds on these views. Structural violence leads to direct violence. At the same time, direct violence can also produce structural violence. Therefore, bystanders are terrorised by the effects of structural violence whereby they are unwilling to challenge the injustices it produces (Samanthroy, 2010).

Structural violence is not always intended, as people who engage in certain behaviour do not realise that it is actually violent (Galtung, 1996:2). Structural violence indirectly kills people because they are exposed to danger and hardship. To a certain extent, Bourgois (2009:19) agrees with Galtung (1996:2). According to Bourgois (2009:19), while it is invisible, institutions and ideologies in society influence it. Institutions such as “relationships” and “forcefields” along with ideologies, such as racism and gender inequality, set an imperial platform where oppression is perpetuated in society (Bourgois, 2009:19). Critically because of its invisibility, it leads to those suffering from oppression, thinking that they are responsible for the hardships they suffer (Opotow, 2011:152). Hodgett, Chamberlin, Groot and Tunkel (2014) provide a similar point of view.

In order to bring about an understanding of structural violence, Hodgett et al. (2014) allude to Hegel’s views on German feudal society. Institutionalised violence took place in this society due to the nature of structural relations. A social hierarchy existed where the lord who was located at the top of the hierarchy, forced the bondsman at the bottom of the hierarchy into bondage. In return, they would receive food and shelter. Hodgett et al. (2014) also draw on the ideas of Cole who believes that the poor in contemporary society are similarly restricted in terms of movement, recreation, the types of work they engage in, and with whom they can cohabitate. The relations between state institutions and poor are characterised by the control of the poor by the rich, which are violent in nature through the use of “disciplinary technologies” such as “monitoring”, “regulation” and “management” (Hodgett et

87 al., 2014:2039). Hodgett et al also draw their ideas from Hegel and Bengamin. Using Hegel, Hodgett et al., (2014) argue that those in power suffer from a misunderstanding in that they fail to realise that actions of control have a disastrous effect on those they control. Using Benjamin, Hodget et al (2014) also argue that that those in power decide what violence is. However, they fail to realise that actions such as “austerity measures and substantial cuts in social programmes and services designed to balance the books” can have a negative effect on people’s lives (Hodgett et al., 2014:2038).

Mostly the poor feel the effects. However, Bourgois (2009) is of the view that other social groupings are also affected. The ideologies that he refers to is what Galtung (1996) calls cultural violence, a concept related to structural violence. Like structural violence, it is hidden and sometimes difficult to define. Galtung (1996: 291) defines cultural violence as:

“those aspects of culture, the symbolic sphere of our existence- exemplified by religion and ideology, language and art, empirical science and formal science (logic, mathematics) – that can be used to justify or legitimize direct or structural violence. Stars, crosses and crescents; flags, anthems and military parades; the ubiquitous portrait of the Leader; inflammatory speeches and posters -all these come to mind.”

Dorworth (2001) gives a similar definition by referring to cultural violence as “racism, sexism, homophobia and the devaluation of particular groups and cultures of people” (Dorworth, 2001:2-3). Afzal (2012) states that structural and direct violence cannot be maintained if it does “not receive some” support from culture. Cultural violence legitimises structural and direct violence through “religion, ideology, language, art, science, laws, media, education, etc” (Rodriguez,Rodriguez, Mirez, Seborido and Segovia, 2014:360). Cultural violence normalises the other types of violence by changing the “moral colour of an act” and distorting reality to a point where violent acts are not seen as violent, but normal (Galtung, 1990:298; Afzal, 2002). What was considered unacceptable is now considered normal. Additionally, it can occur whereby reality is distorted to the extent that the victims do not realise they are victims of an oppressive social order (Galtung, 1990:292). Drawing on the work of Bourdieu, Bourgois (2009:19) also refers to this form of violence, albeit by a different name, symbolic violence. According to Bourgois (2009:19).

“The socially dominated come to believe that the insults directed against them, as well as hierarchies of status and legitimation that curtail their life chances, are accurate representations of who they are, what they deserve and how the world has to be.”

A culture in its totality is not violent. However, there are certain aspects of a culture, which are violent. Hence, section C of culture A is considered violent. However, if it is found that almost all sections of a specific culture are violent, then it can lead to conclusions of perceiving a culture as violent in its entirety (Galtung, 1990:321). The point being made here is that society sometimes looks at only one segment of culture, which makes it violent. For example, it can be argued that the caste system

88 followed by Indians is culturally violent as it promotes ideas of superior and inferior identities in Indian society (Suleman, 2011). However, there are aspects of Indian culture, which can be considered positive. For example, the emphasis on family. All three forms of violence are related to one another.

These three different forms of violence can be viewed as existing at the end of each point of a triangle. However, while they influence one another, they operate differently. Direct violence is an event, structural violence is a process, while cultural violence is permanent. Cultural violence provides the “nutrients” to structural and direct violence so that both can function at an optimum level. Using penetration, segmentation and fragmentation, a process of exploitation is created and maintained. Finally, there is direct violence exposing itself in the form of an event, whereby people hurt one another. Yet the eyes witnessing direct violence, are unaware of the cultural and structural causes of violence. Direct violence is sometimes a response to the cultural and structural misery people have to endure. They look to free themselves from the “structural iron cage” in order to take revenge on those who oppress them, redistribute wealth or even join the ‘oppressors’. However, they receive a counter- response from the ‘oppressors’ who look to maintain the “structural iron cage” (Galtung, 1990:294- 295; Springs, 2016:18). As structural violence is a battle for resources, direct violence between the oppressed and the oppressor also occurs. Instead of oppressors changing problematic structures which are violent in nature, they engage in a process of blaming the victim (Springs, 2016). For example, people in power will introduce poor economic policies which results in the oppressed not receiving the resources to survive, such as medical resources. When the oppressed protest, they are met with violence. The oppressor engages in direct violence in order to maintain their power. They also blame the ‘oppressed’, instead of looking at how they contribute to the problem (Farmer, 1996; Hodgett et al., 2014, Springs, 2016). While this scenario has occurred throughout history, it is critical to remember that direct violence is an optional response.

Sometimes victims or the ‘oppressed’ accept the “fate” bestowed on them by the structural cage. They develop an apathetic attitude whereby they blame themselves for the cultural and structural injuries they suffer. At the same juncture, the ‘oppressors’ do not always prefer using direct violence. They prefer “stability” and “governability”. This is why they refer to a violent reaction by the ‘oppressed’ as that of an aggressor (Galtung, 1990:295). While the above discussion alludes to cultural violence as the starting point when this process of violence begins, it is not necessarily the case.

Violence can manifest itself via structural violence, whereby people look for justifications for the exploitation they engineer. They justify this using cultural violence, whereupon they use certain ideologies to justify their actions. The same process is applied when people try to justify a

89 combination of structural and cultural violence (Galtung, 1990:295). Therefore, if one is to appreciate a comprehensive understanding of domestic violence, cultural and structural factors must be considered. This will be done by interrogating the definition of domestic violence, as well as domestic violence experienced by women.

3.8 USING DIRECT, CULTURAL AND STRUCTURAL VIOLENCE IN ORDER TO GAIN A BROADER UNDERSTANDING OF DOMESTIC VIOLENCE

In order to gain an understanding of domestic violence, it is important to go beyond the notion of physical violence, which women have experienced in the marital relationship. Tjaden (2004:1244) indicated that acts such as stalking, should also be considered as violence. Theoretically, Galtung’s (1990) notion of direct violence allows one to appreciate the point Tjaden (2004:1244) is trying to make. It can also be reasoned that verbal, psychological and emotional abuse are all forms of direct violence as they are acts used by husbands who intend to harm their wives (Galtung, 1990:198; Abraham, 2005: 440). Galtung (1990:198) claims that sanctions and boycotts are a form of direct violence. While he seems to be referring to violence in the political arena, the same rationale can apply to domestic violence where abusive husbands deny women economic resources. Similarly, by trying to monitor their wives’ movements, it can be posited that women are being kept captive similar to prisoners in a prison (Galtung, 1990:198; Byrne and Senehi, 2012:87). The feminist perspective finds itself in agreement with the notion of direct violence and notions of a ‘oppressor’ trying to dominate an ‘oppressed’. Johnson (1995, 2011) made reference to men wanting to maintain control over women. Therefore, they use different forms of abuse. Hence, it can be argued that men are the ‘oppressors’ and women are the ‘oppressed.’ There are clear structural and cultural elements that allow men to act in this manner. Galtung (1996:1999) and others such as Afzal (2012) and Springs (2016), argued that structural and direct violence are legitimatised by cultural violence.

Contextualising this study within the various Muslim communities that were discussed, it can be argued that domestic violence occurs because of the presence of cultural violence. When some women are taught they are not supposed to question their husbands, and they learn that they need to unconditionally obey their husbands, they are clearly devalued (Al Khateeb, n.d., Faizi, 2001; Nordien et al., 2003). It is these sorts of cultural environments which allows for the metaphorical ‘oppressor-oppressed’ designation along gender lines to develop. These norms which are culturally violent, tend to manifest themselves into the legal system of countries.

In Pakistan and Saudi Arabia, it is very difficult for Muslim women to initiate divorce (Rabbani et al., 2008; Cassim, 2013). Rabbani et al., (2008) indicate that it is a rarity in Pakistan for women to ask for a divorce because if they asked for one, they would be stigmatised. Furthermore, in Egypt and

Pakistan, the legal system tends to adopt a lackadaisical attitude in issuing a divorce. In Egypt matters relating to divorce are not dealt with in a timeous manner. In Pakistan women are held to ransom because the “Dissolution of Marriages Act of 1939” has not been revised to address the current social climate. As result, should a woman want to issue a Khula, she or her family has to sell their assets (Cassim, 2013). Structurally, domestic violence is condoned because ideologically, culture is influenced by patriarchy, which is why women are denied resources structurally. A similar portrait is painted when religion is considered. Culture legitimises structural violence within the family and broader society.

Via the process of penetration and segmentation, structural violence occurs, which gives women a partial understanding of social reality whereby domestic violence is legitimised. In this case, it can be argued that domestic violence is legitimised via cultural norms that condone domestic violence, which is implanted into the psyche of women by the ‘oppressors’, who are men. Some Muslim women blame themselves for the abuse they are going through, thinking that the pain they are going through is due to past sins. Some Muslim women are afraid of leaving abusive relationships because of stigma surrounding divorce and being taught that if they leave the marriage, God will punish them (Faizi, 2001, Abugideiri, 2005). Hence women will probably not leave these abusive relationships because of cultural prescriptions, which some might argue amount to slavery, as they are denied freedom of choice. This ensures the process of marginalisation where abused women are kept on the peripheries of society. Via these processes of penetration, segmentation and marginalisation, structural violence is normalised where women are denied resources, which will lead towards a pathway of emancipation (Galtung, 1996). Condoning domestic violence is part of the process where cultural violence legitimises direct violence in the marital relationship. The way it is dealt with by broader society, is also problematic.

Results from different social contexts show that families refuse to assist women because of stigma they might face from broader society. Abused women are accused of breaking the family. Additionally, they are denied economic support from family members. (Faizi, 2001; Rabbani et al., 2008; Zuberi, 2011). This is a form of structural violence as women are denied access to avenues that would remove them from abusive relationships that cause further pain to them. By doing so, Muslim families are normalising inequality in society, a characteristic of structural violence (Opotow, 2011:151). It can be argued that families allow men to continue engaging in domestic violence by normalising it. An argument can be put forward that by not providing support and asking women to go back to abusive relationships, they are supporting the violence committed by batterers.

It seems that families contribute to direct violence and structural violence via promoting cultural violence. Families who condone domestic violence experienced by women seem to be conforming to Islamic values and norms which are hybridised with patriarchy. In the USA, certain South-Asian Muslim women refer to their husbands as Majazi Khuda, which means their husbands assume the role of God metaphorically (Zuberi, 2011). In Indonesia, some women are taught to respect and subject themselves as subordinates to males within families. They cannot have a say in important decisions (Munir, 2002:2). Nordien et al. (2003:49) indicated that one of the reasons women remain in the relationship is because they are taught not to have an opinion.

It can be concluded that the patriarchal mindset that has engulfed the Muslim community in various social contexts, is not only a hybridisation of Islamic practices, but also a form of social artillery that maintains structural violence via cultural violence. The empirical evidence appearing in literature and anecdotal evidence already discussed, indicates that family members engage in structural violence by asking women to remain ‘oppressed’. This is done by giving them a partial perception of reality, which Galtung (1996:199) calls segmentation which occurs via the penetration of the psyche. Family members are employing a cultural mindset, which violates the status of Muslim women in society. This is a form of cultural violence, a point Galtung (1996) clearly makes when he says that cultural violence moralises structural violence, which in turn, legitimises it. In this case, the honour of the family seems to be more important than the social well-being of abused female members. Dorworth (2001) mentioned that a characteristic of cultural violence is one group being devalued by another. The self-centred attitude of some family members is influenced by patriarchy.

Chapter 4, verse 34 was dealt with in detail in Chapter One. However, it is pertinent to mention this verse again because it is relevant to the current discussion. This verse indicates that men are Qawwamun, which means protectors and maintainers of their wives and broader family members. This does not mean that wives have to obey them blindly. The relationship is not one that can be characterised as a master/slave relationship. In Islam, women are allowed to question their husbands. The Quran (42:38 cited in Ansari, 2006:215) prescribes consultation. How can consultation take place if women are not allowed to give their opinions? The Prophet Muhammad (PBUH) allowed his wives to give their opinions (Mernissi, 1991). Daraba, has also been used by men to physically abuse their wives. However, various religious scholars argue that this refers to light beating which should not cause any pain, and is allowed only in extreme situations such as ‘sexual transgression’, and the beating should be such that it does not lead to physical harm (Karrim, 2007; Al Asi, 2012). Other scholars such as Bhaktiar (2007, cited in Musaji, 2007) and Mubaruk (2004), who provide a more convincing argument, indicate that even light beating is not allowed. In these situations, the religious

92 leaders’ role has to be questioned, as they are the representatives of Muslims. As such, are they not supposed to make sure that Islam is practised according to the Quran and the Sunnah?

Local and international literature indicate that some women occupy a subordinate position when compared to that of men across different religions. Women are in charge of the household; hence, they are entrusted with the role of peacemaker in the family. The role that is prescribed religiously can sometimes act as a form of cultural violence where women are structurally violated because they are part of abusive relationships. How can they leave a relationship when they are the ones who are supposed to maintain peace in the family structure? If they leave, they feel as though they were going against the will of God (Rabbani et al., 2008; Gilad, 2014). Following Galtung’s (1996) line of thought, it can be argued that in such scenarios, women are victims of structural violence as they are marginalised due to their occupying a position that is subordinate to men. By assuming the role of a domestic wife in a patriarchal society, structurally they are dependent on men, which makes it difficult for them to leave a relationship even though they are victims of direct violence.

Devaluation, as already mentioned, is a characteristic of cultural violence (Dorworth, 2001). The devaluation of some abused women is a result of religious structures engaging in structural violence whereby women are the oppressed (Galtung, 1996:198-199). Abrahams-Fayker (2011), Gabru (2004) and Hoel (2012) state that religious leaders do not provide women with rights to which they are entitled. Hoel (2012) states that they favour the husbands who have a high standing in society. Structurally, they are devaluing women by culturally adopting a patriarchal stance that allows men to act with impunity. In doing so, they are normalising the violence these women experience. In explaining structural violence, Galtung (1996) alludes to segmentation where women get a partial view of reality. By not informing women about their rights, religious leaders are complicit in this process. The same argument can be made when women feel a sense of self-blame due to religious leaders asking them to be patient and to prey harder (Fortune et al., 2001). Religious leaders, who refuse to give and award them rights, marginalise them. Religious leaders who engage in these practices are devaluing the status of women by culturally firing patriarchal bullets at these women when they seek their assistance. This point seems to be validated by Surtee (2012), who states that South African Muslim leaders are opposed to the Muslim Marriages Bill. Surtee (2012) cited the opinion of Tayob (cited in Surtee, 2012), who points out that the religious leaders are against the bill because of the patriarchal mindset that will be challenged by the bill.

On the one hand, it can be argued that religious leaders are creating the space for structural violence by denying women rights to recourse, even though Islamic law stipulates that they have such rights. They have legitimate reasons, as they are victims of direct violence. In doing so, they are also

93 promoting cultural violence by cultivating a patriarchal culture in the Muslim community. On the other hand, the individual efforts of leaders to raise the issue cannot be ignored. Writing in the context of the USA, Zuberi (2011:1) states:

“We need preachers like Imam Khalid Latif, [Sheikh] Hamza Yusuf, [Sheikh] Yasir Qadhi, Imam Zaid Shakir, Maulana [religious leader] Tariq Jameel, and [Sheikh] Abdullah Hasan, Brother Dawud Walid who frequently speak about this topic and have the knowledge to address this issue.”

The advocacy work of Ibn Ashur ( cited in Zuberi, 2011), Bham (2014 cited in Radio Islam, ) as well as of the clerical body, the Jamiatul Ulema (2013), have already been mentioned. Literature also raises the question on whether religious leaders are adequately trained to deal with domestic violence.

Al Khateeb (n.d.) indicates that in the United States of America, Muslim religious leaders would agree that domestic violence is wrong, yet they do not have the training that would lead to effective interventions. In the same context, Zuberi (2011:1) points out:

“For example, in a survey conducted by Peaceful Families most DV shelters have on average 35 mosques in the vicinity but only 12% have any ties to the shelter. Only 6% of Imams have any domestic violence training.”

In South Africa, it is argued that religious leaders need to be more active in dealing with domestic violence by physically assessing a situation once they have been notified about an incident. Moreover, they should also collaborate with counsellors in order to deal with and provide an effective intervention (Nordien et al., 2003). This illustrates a need for a more in-depth study of the current context that will interrogate whether a minority of lone voices against domestic violence prevails, or if a larger critical collective exists (or is emerging).

This can only be achieved by giving religious leaders a voice which has largely been absent in existing literature. In this regard, drawing on Bourdieu (1986) is useful. Bourdieu (cited in Bourdieu and Wacquant, 1992) uses three concepts: “habitus”, “field” and “capitals” in order to explain the existence of a dialectical relationship between agency and structure.

3.9 BOURDIEU’S CAPITALS, FIELD AND HABITUS

Bourdieu (1989:14) described his work as “constructivist structuralism or of structuralism constructivism”. He stressed that he was neither a structuralist nor a constructivist (Bourdieu, 1989:14). Structuralists such as Durkheim place emphasis on the importance of structures in society without taking into consideration representations on actions of agents. Adopting a contrasting position, constructivists ignore the importance of the structures, arguing that social reality is created by individuals using their common sense to create meaning (Bourdieu, 1989:14-15). In Bourdieu’s

(1989:15) view, a dialectical relationship exists between these two positions despite the radical positions either side adopts. The world cannot be understood via structural analysis only. It is important to consider the agents operating within these structures because it is these very agents that preserve these structures (Bourdieu, 1989:15). The core ideas associated with capitals, habitus and field, are outlined next.

3.9.1 Capitals

Bourdieu (1986:46) states “[t]he social world is accumulated history”. It seems as though he is suggesting that in order to understand the world, it is important to consider its history. If such an understanding is to be maintained, the importance and usage of capitals must be considered. Without capitals, the world would be similar to that of the natural sciences, where people are considered “interchangeable particles” (Bourdieu, 1986:46). “Capital is accumulated labour” that provides social impetus to individuals when it is acquired on a private basis (Bourdieu, 1986:46). Unlike games such as roulette, capital is not obtained by chance. It takes time to accumulate, and it can be expanded. The amount of capital available to an individual in a specific society will depend on the nature of the social structures within a specific field (Bourdieu, 1986). There are different types of capital, namely cultural, symbolic, social and economic (Bourdieu, 1986; Bourdieu and Waquant, 1992). Economic capital is probably the most visible form of capital as it exists in the form of money and “may be institutionalised in the form of property rights” (Bourdieu, 1986:47). However, how an individual acquires economic capital, depends on its relationship with the other capitals.

3.9.1.1 Cultural capital

Cultural capital is a theoretical discovery made by Bourdieu (1986) when he researched the discrepancies of scholastic achievement due to different class positions. Later on, he referred to this form of capital as informational capital (Bourdieu and Wacquant, 1992). He was critical of economic theorists as they measured scholastic achievement in terms of profits, which was a consequence of economic investment. They do not consider the different class positions of people, which ultimately influences the amount of time they spend on scholastic achievement. It seems that Bourdieu (1986) is suggesting that there is not a linear relationship between money and scholastic achievement. People come from different social backgrounds and as such, they might have to engage in different activities, which results in people from one class doing better academically compared to others. Due to class discrepancies, the number of resources people have, will be disproportionate. Hence their investment in cultural capital will also differ. By isolating cultural capital from economics, the impact it has on society is underestimated. Ignoring different educational strategies and how they are reproduced, ignores what he (Bourdieu, 1986:48) calls:

“The best hidden and most determinant educational investment, namely, the domestic transmission of cultural capital.”

This is an important point because Bourdieu (1986) indicates that economists ignore the importance of the family, which influences the cultural capital an individual gains from the family. The way an individual performs at school, will depend on the importance placed on academics to a person via the family. Furthermore, by only focusing on economics, educational achievement can only be measured in terms of:

“The social rate of return, or the social gain of education as measured by its effects on national productivity” (Becker, 1964:121, 155).

The view adopted by economists does not consider how the cultural capital produced in schools maintains social structures. It can, therefore, be seen that for Bourdieu (1986), it has a far bigger impact than just being used to contribute to society economically. Cultural capital exists in three forms: embodied, objectified and institutionalised form.

In its embodied form, cultural capital exists internally within the individual. It is cultivated by the individual spending time to accumulate knowledge. It cannot be accumulated “second hand” (Bourdieu, 1986:48). Similar to how a person spends time developing a muscular physique, in the same vein, an individual needs to spend time acquiring knowledge or cultural capital. When a person dies, the cultural capital dies with him. Due to its link to the internal persona of an individual and the fact that it is “subject to a hereditary transmission”, it allows an individual to modify the cultural capital they possess. Hence they combine their innate property with the merits of acquisitions (Bourdieu, 1986:49). Often the accumulation of cultural capital is misrecognised as status or symbolic capital. Hence, people think persons who have a considerable amount of knowledge, possesses it because of their status in society. In a class-divided society where cultural capital is scarce, people who possess cultural capital in volumes will occupy a higher status position compared to those who do not. The consequence of this theoretical hypothesis by Bourdieu (1986:49) is that:

“All agents do not have the economic and cultural means for prolonging their children’s education beyond the minimum necessary for the labour power least valorised at a given moment.”

It is important to be cognisant of societal constraints such as class. These aspects can delay the acquisition of cultural capital (Bourdieu, 1986). From the above discussion it can be opined that while Bourdieu (1986) argues that a person modifies cultural capital with what they possess and what they seek, their class position in society can limit their journey in seeking knowledge (Bourdieu, 1986). For Bourdieu (1986), the family is the most important, yet unrecognised transmitter of cultural capital. While time is important in acquiring cultural capital, families that have cultural capital in abundance

96 will pass it on to their family members at a faster pace. Here again, the importance of acquiring knowledge depends on class position. Hence, one must not discount economic capital, because, in the pursuit of economic capital to look after their families, the acquisition of cultural capital will be limited. He might be implying that by not having enough time to acquire cultural capital due to economic necessity, the class structure of society is maintained as the cultural capital that is transmitted via the family is limited due to the obligation of satisfying economic responsibilities (Bourdieu, 1986). Class structure is maintained by the dominant class trying to extend their control not only over the embodied form of cultural capital, but also in its objectified form.

The products produced via the embodied form of capital are referred to as the objectified form of cultural capital. For example, an artist showing the extent of his cultural capital via a painting. The dominant class can obtain the objectified form of cultural capital such as a painting via economic capital, whereby they can buy the painting. However, money or economic capital alone cannot acquire cultural capital in its embodied form. Therefore, it is acquired symbolically via proxy. According to Bourdieu (1986), if the possessors of cultural capital in its embodied form do not have access to the means of production and the profits they make are a consequence of selling their embodied cultural capital in order to objectify products, they will be viewed as dominated. However, if they realise they are selling the product due to their sole ownership of cultural capital, then they are a part of the dominant groups of society (Bourdieu, 1986). Hence, to avoid this from happening, dominant groups maintain class structure by creating competition between those who possess cultural capital in its embodied form to see who is better. Scholastically, they are trained in a specific manner whereby they are unable to realise their full potential (Bourdieu, 1986). Bourdieu (1986:49) argues that cultural capital, in its objectified form, can only be truly appreciated if people receive profit for a product:

“Which is proportionate to their mastery of this objectified capital and therefore to the extent of their embodied capital.” (Bourdieu,1986:49).

If viewed in such a manner, cultural capital acts as a weapon in the fields of struggle that prevents them from slipping into an ocean of false consciousness, hence maintaining a position whereby they can challenge those who possess economic capital. To a certain extent, this can be achieved through cultural capital becoming institutionalised.

In its institutionalised form, cultural capital that people possess becomes institutionally recognised. For example, an engineer qualifying at a university. The certificate he or she receives upon completion of their degree is a justification of their competence, whereby an individual whose cultural capital is institutionalised, stands a better chance of getting a job than someone who according to Bourdieu (1986:49), remains “simple”. Hence, it works like “magic” according to Bourdieu

(1986:49). Depending on the status of the cultural capital gained from an educational institution, it can be converted into economic capital. However, this will depend on its importance and need for a specific society. Sometimes investments are made in certain fields of study, yet the cultural capital gained from that investment is not viewed as valuable for a particular society (Bourdieu, 1986:195). It is at this juncture that the importance of social capital is realised.

3.9.1.2 Social capital

Social capital refers to networks, which consist of relationships where members within the network assist one another. Social capital originates from institutions such as family and class groupings. In addition to institutions, “instituting acts” performed by individuals, also ensure that those who practise these “acts” maintain social capital. For example, if one person gives another person a gift, the sender holds credit over the receiver. The amount of social capital people have, depends on the size of the networks and the amount of symbolic, cultural and economic capital a person has. For example, the more money or knowledge a person has, the more likely people will look to them for assistance, which in turn results in the receiver owing them “credits” or favours (Bourdieu, 1986:51). While social capital can be “reduced” to economic and cultural capital, the other capitals depend on social capital. In most cases, the value of those capitals depends on social capital. If people assist one another with money and knowledge, it is the principles of social capital such as “mutual recognition” that ensure the stability of the relationships, which leave room for future transactions (Bourdieu, 1986:52). Social capital is not a natural phenomenon.

Similar to cultural capital, it requires work. One needs to invest in relationships within a network. For example, to ensure the stability of a family, people need to constantly work on maintaining respectable relationships with one another (Bourdieu, 1986). This can be achieved via symbolic or materialistic exchanges such as showing gratitude and giving gifts respectively to one another. This ensures mutual recognition, which in turn results in the reproduction of relationships within a network. Crucially, it is critical to invest in relationships, which will ensure profitability. The person must feel the need to maintain these relationships. By maintaining these relationships, they not only gain social capital, but also other forms of capital (Bourdieu, 1986).

One must bear in mind that relationships have boundaries, which must be respected. This does not mean that boundaries cannot be modified. Recruiting a new member might require one to modify the limits of the group. Even though we have seen changes in society, various groups can still maintain networks with a change in attitude (Bourdieu, 1986). To illustrate this point, Bourdieu (1986:7) uses the example of marriage. Previously, marriage was seen as affecting the whole family and not just the couple getting married. With the introduction of a new family member, it might require that others

98 modify their belief systems to accommodate the new member. With the advent of modernity, families do not have the influence they used to have. However using a “laissez faire” approach, they can still employ legitimate dispositions in the form of exchanges, which can maintain the stability of the network (Bourdieu, 1986:52).

It is noticed that social capital is maintained via the use of delegation where one person from the network is appointed as a spokesperson. This is useful in protecting the honour of a group as a whole as well as the weakest members. It also ensures the group performs well by reducing responsibilities and giving the spokesperson authority to expel those who do not perform. However, this is not always positive, as Bourdieu (1986) states that one of the paradoxes that occur in this situation, is that the spokesperson can turn against the group. In groups that are typified as weak, the spokesperson is viewed as the ‘livewire of the group.’ People will have the view that without this person, the group or network will cease to exist (Bourdieu, 1986: 53). Hence, the last form of capital needs deliberation.

3.9.1.3 Symbolic capital

Symbolic capital entails one’s status or social position (Bourdieu, 1986:49; Bourdieu and Waquant, 1992:119). Symbolic capital is a misrecognised form of cultural capital. This takes place because the social and economic conditions do not recognise cultural capital as “capital” but as “legitimate competence” (Bourdieu, 1986:49). Therefore, a person possesses knowledge because of his status. Acquisition of knowledge is ignored under certain social and economic conditions (Bourdieu, 1986:49 ; Bourdieu and Wacquant, 1992:119).

3.9.1.4 Conversions

The different types of capital can be acquired using economic capital. However, this will depend on the field in question. Some “goods or services” can be bought without having trouble. Others such as “gratitude” require the use of social capital where a person needs to invest time and energy in a relationship in order to appreciate gratitude. Hence, time cannot be treated with triviality (Bourdieu, 1986:54). “Economism” which only considers economic capital, ignores the importance of other capitals (Bourdieu, 1986:54). At the same time, the stance taken by “semiologism” whereby exchanges are a result of communication, needs attention as it ignores:

The brutal fact of universal reducibility to economics (Bourdieu, 1986:54).

If people are to obtain rewards, they have to pay certain costs. Cultural capital transmitted from parents to children requires time. Hence, if a mother is to spend time teaching her children, it means she needs time. Economists will feel that this is a waste of time and energy because there is no

99 economic output. However, they do not realise the value of this exchange. This does not mean economic theory plays no role. On the contrary, its predominance must be noted. A mother can only spend time with her child to transmit cultural capital to her children, if she can get someone to perform other responsibilities she is obligated to perform. This might mean paying them money. It might also mean delaying progress or giving up her career. Hence, the effect of other capitals depends on economic capital (Bourdieu, 1986:54). There is an element of risk associated with this fact.

If the role of economic capital in promoting the usefulness of other capitals is concealed, the greater the risk of other capitals not realising their full potential. It does not mean that the cost of economic capital will bring a fruitful reward. You might spend time buying a gift for someone, which can lead to building social capital, yet you find that person shows you no gratitude whatsoever. The money used to buy the gift is concealed in order to build social capital with someone. However, that person does not show any gratitude. Economic capital plays an important, yet concealed role in the production of cultural capital. However, knowledge tends to be only recognised if certain groups within educational systems validate it. This becomes the ‘benchmark’ for employment. The consequence of this is that the primary transmitters of cultural capital, which is the family, no more has the influence it once had (Bourdieu, 1986:55). If people point out how systems officially discriminate against people, economic capital is used in its concealed form to promote the ideas of the ruling class. This takes place via transmitting economic capital into the education system, which in turn will transmit the ideas of the ruling class to students attending these educational institutions (Bourdieu, 1986:55). The relevance of capitals will depend on a specific field

3.9.2 Field

Bourdieu (cited in Bourdieu, and Wacquant, 1992:96) defined the field as a “network, or a configuration, of objective relations between positions”.

The field consists of positions, which are related to each other. Individuals or institutions can occupy them. The importance of each position will depend on the amount of capital a person possesses and its relation to other positions. Consequently, issues of domination and subordination are likely to occur because some individuals will have more capital than others. The world is made up of different fields. Each field has its own logic (Bourdieu and Wacquant, 1992: 97). The field only materialises after it has gone through a process of restructuring and mediation between the different positions in the field. The homologies of each field must be compared to the class structure of society. Within the different fields, it is noticed that characteristics of “domination”, “struggle” and “usurpation” are present (Bourdieu and Wacquant, 1992). While these similar characteristics are present, they take on a distinct character. Positions people acquire can only be possible if a field exists, which leads to the

100 creation of that position. Hence, a person cannot claim to be an artist if there is no artistic field (Bourdieu and Wacquant, 1992:106-107). Social science, in Bourdieu’s (cited in Bourdieu and Wacquant, 1992:107) opinion, is not the study of an individual. This does not mean an individual is a passive subject of the field. On the contrary, agents take an active part because they possess characteristics that allow them to be active in the field. The work they do in the field, acts as evidence that indicates how they evolve as human beings (Bourdieu and Wacquant, 1992:107). Depending on the capital they possess and their class position, they can play a role in either preserving or subverting capital (Bourdieu and Wacquant, 1992: 108-109).

Each field consists of subfields which consist of their own structure (Bourdieu and Wacquant, 1992:104). For example, in the literary field, there are different subfields such as novel and theatre. Within these subfields there might be different logics which govern the relations within these subfields (Bourdieu and Wacquant, 1992:104). Bourdieu (cited in Bourdieu and Wacquant, 1992:98) compares the field to that of a game. People will contest each other with the same fervour as they do in a game. However, the field “is not the product of a deliberate act of creation (Bourdieu and Wacquant, 1992:104)”.

People contest each other in the field, without agreeing to consciously do so (Bourdieu and Wacquant, 1992:99). They do not sign a contract to take part in the contestation with others or play because the “game is worth playing” (Bourdieu and Wacquant, 1992:98). The field is viewed as space where struggle takes place (Bourdieu and Wacquant, 1992:101). People are equipped with “master cards” known as capitals, which they use to contest each other in the field.

There is a dialectical relationship between capitals and field. It is important to have knowledge of different capitals to develop a field. At the same time, in order for capitals to operate efficiently, the logic of the field must be grasped (Bourdieu and Wacquant, 1992:108). Capitals are the tools used by people and institutions occupying different positions in order to beat those who are their opponents, hence, showing their power. The relevance of each capital depends on the nature of the field in question. Opponents occupying different positions in the field will have different amounts of capital. People will use the most relevant type of capital they have to change the structure of the field, hence beating their opponents. Hence, while Bourdieu (cited in Bourdieu and Wacquant, 1992:98-99) maintains the importance of the field influencing which capital is important, he does not rule out changing the nature of the field via the use of capitals, whereby occupants try to advance their own positions. People who are in positions of power, will use it to maintain their advantage. Yet, they have to face resistance from those whom they dominate (Bourdieu and Wacquant, 1992:102). The limits or boundaries of a field depend on empirical investigation.

101

In order to determine the boundaries of a specific field, each case needs to be investigated. The relations between people in a specific field determines the boundaries of the field. It is important to also consider the functions of each field. When the functions decline, the boundaries or limits of each field become apparent (Bourdieu and Wacquant, 1992:101). It seems that struggle is crucial (Bourdieu and Wacquant, 1992:100). When struggles end via the dominant forces “crushing” the dominated forces, the field loses its significance (Bourdieu and Wacquant, 1992:102). There are certain steps that need to be followed when analysing the field.

While he states that there are no “transhistoric” relations between fields, he says that in advanced capitalist societies, the economic field plays a dominant role in all aspects of society (Bourdieu and Wacquant, 1992:109-110). Furthermore, when he discusses the notion of state, he speaks of Meta- fields that become a site when different fields come together. These different fields take on different positions, forming alliances and engaging in competition with one another (Bourdieu and Wacquant, 1992:111-112). Within this notion of the state, symbolic violence is created where the dominant forces make sure their interests are maintained by promoting a specific type of culture. This ensures that those who are dominated, will remain in a subjugated position (Bourdieu and Wacquant, 1992:112). There are certain steps that need to be followed when analysing the field.

Some fields are dominant over others. Hence, when considering a specific field, it is important to consider its relation to the field of power. Doing this will allow an analyst to judge the position of a specific field in society. According to Bourdieu ( cited in Bourdieu and Wacquant, 1992:104), it is seen that the literary field which considers artists and academics, is a field which is dominated by the dominant class in society. Secondly, the positions people struggle for within a specific field must be considered. Finally, the nature of the habitus, which is influenced by different social and economic conditions, must be considered (Bourdieu and Wacquant, 1992:105).

3.9.3 Habitus

Habitus refers to unconscious mental schemas that individuals possess to understand the social world of which they are part. The habitus is formed through an individual interacting with specific structures. Human action cannot be regarded as “instantaneous reaction to immediate stimuli” (Bourdieu and Wacquant, 1992:124). Bourdieu (cited in Bourdieu and Wacquant, 1992) was critical of the rational choice theory. He argues that rational choice theorists ignore the fact that decisions people make, whether they be social or economic, will be based on the social or economic conditions to which they are accustomed. Different people who interact with the same structures are thought to have a similar habitus (Bourdieu and Wacquant, 1992:125,140; Bourdieu cited in Ritzer and Stephnisky, 2014:521). Bourdieu (cited in Bourdieu and Wacquant, 1992:126-127) mentions:

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The individual whether he likes it or not, is trapped – save to the extent where he becomes aware of it – within the limits of his brain.

Bourdieu (cited in Bourdieu and Wacquant, 1992:126-127) states that the habitus an individual possesses is actually social in nature. The human mind is not only “generically limited” thus making it incapable of solving different issues, but it is also socially structured (Bourdieu and Wacquant, 1992).

Through the habitus, people reproduce structures, and structures in turn create the habitus (Bourdieu and Wacquant, 1992:126-127, 139-140; Bourdieu cited in Ritzerand Stephnisky, 2014:521). By making decisions based on structural guidelines, people are re-creating structures (Bourdieu and Wacquant, 1992:126-129, 139-146; Bourdieu cited in Ritzer and Stephnisky, 2014:521 ). The field moulds the habitus. On the other hand, the field is maintained by the habitus where an individual feels the need to invest in a specific field. In this sense, the habitus is like a “fish in water” “which is at home” within a specific field (Bourdieu and Wacquant, 1992:127).

Prior experiences will influence how people deal with situations they encounter. Here again, the influence of structures on the habitus, is noticed. For example, if boys and girls are socialised by specific structures, such as in nursery schools to behave differently, they will view a particular situation in terms of how they are socialised. This, according to Bourdieu (Bourdieu and Wacquant, 1992:133-134), is why you have a sexual division of labour. Here again, the influence of structures on the habitus is noticed:

“Recent research in developmental psychology conducted by Eleanor Maccoby (1988) reveals that girls and boys in nursery school, before the age of three, know how to behave differently with a boy and a girl and what to expect of each: blows from one and kisses from the other. If we hold as I do, that the principle of gender opposition plays a very fundamental role, for instance in politics (all the major political opposition are overlaid with sexual connotations), if we hold that the bodily schemata of perception of division of sexual labo[u]r and sexual division of labo[u]r are constitutive of the perception of the social world (Bourdieu, 1977d), then we must admit to some extent primary social experiences have a disproportionate weight” (Bourdieu cited in Bourdieu and Wacquant, 1992:134).

It seems Bourdieu (cited in Bourdieu and Wacquant, 1992:133-134) is arguing that the result of gender differentiation is a result of structures socialising the habitus of men and women to the point that a sexual division of labour in this world is produced. Bearing this in mind, Bourdieu (cited in Bourdieu and Wacquant, 1992:131) argues that the field and the habitus are not always in harmony with each other.

Individuals are socialised in a specific manner by specific structures within a specific field. Sometimes the nature of the field changes, rendering the habitus produced by now obsolete structures,

103 irrelevant. People then suffer from a condition called hysteresis, where their behaviour is considered deviant by the present structures (Bourdieu and Wacquant, 1992:130). At this point, it seems that Bourdieu (cited in Bourdieu and Wacquant, 1992) can be described as someone who is overly deterministic in his views of the habitus that is utterly dependent on structures. However, this is not the case.

Bourdieu (cited in Bourdieu and Wacquant, 1992:131) argues that the habitus presents individuals with options. However, the individual does not follow these options mechanistically. When individuals encounter crises, the strategies they use do not make sense any more. In this situation, the individual agency comes to the fore where an individual uses the cost-benefit analysis in making a rational decision. The habitus is durable. Based on experiences, it either reinforces or modifies specific structures (Bourdieu and Wacquant, 1992:131). At the same time, it is important to be cognisant of the changing nature of the field. It does not remain the same; hence, as the field changes so does the habitus. This is evident in specific fields where people occupy similar positions over the course of history, but make different changes because of the evolving nature of the habitus. To illustrate this point, Bourdieu (cited in Bourdieu and Wacquant, 1992:135) refers to his work on bishops. Yet again, even though he argues that the habitus is:

“System of dispositions,that is of virtualities potentialities, eventualities-only in reference to a definite situation. It is only in the relation to the certain structures that habitus produces given discourses or practices.”

The lingering notion of him being accused of adopting a deterministic or structuralism position cannot be discounted. By his arguing that it is the changing nature of the field that produces a different habitus, he is sidelining agency by making the field the central focus of change. He refers to the history of a social field that influences the habitus. The position one occupies in the present, can only be understood by taking into account the history and social conditions which influenced that person. Bearing this in mind, he makes a crucial point on habitus being structurally determined (Bourdieu and Wacquant, 1992:136-140).

He argues that habitus is only structurally determined to the point that it operates on an unconscious level. In that sense, people are unaware of the actions they are committing. However, he does not sideline the importance of consciousness, which brings agency to the fore. Being conscious of contradicting dispositions, allows the individual to make a decision that can reproduce a structure or transform it (Bourdieu and Wacquant, 1992:136-140).

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3.10 USING BOURDIEU’S CAPITALS, FIELD AND HABITUS TO GAIN A SOCIOLOGICAL UNDERSTANDING OF DOMESTIC VIOLENCE IN THE MUSLIM COMMUNITY

If one considers the role of a wife in an Islamic context using the primary sources of Shariah, at first glance, it is hard to understand why domestic violence occurs in various Muslim communities throughout the world. Bourdieu’s (cited in Bourdieu and Wacquant, 1992:109-110) concept of field provides understanding to this issue. In this particular study, there are three fields: the family, religion and patriarchy. Bourdieu (cited Bourdieu and Wacquant, 1992), indicates that fields are not necessarily linked to each other. However, in the case of this study, fields are linked to each other. In fact, in this context, it is impossible to separate the different fields. Even in a traditional Islamic society, religion and family cannot be separated as they are both mutually dependent on each other. Via the Islamic field, the family is able to find stability. If these norms and values are adhered to in the field of family, the significance of the Islamic family does not lose its significance (Al Asi, 2012). To a certain extent, it is noticed that family members assist women economically, financially and religiously by trying to seek assistance from religious leaders ( Jaylarnie, 2010; Suleman, 2011; Radio Islam, 2014). In this sense, it can be argued that the family is trying to achieve cultural peace, as Galtung (1996) would say. However, the present study – located in a post-modern society, indicates that this is not always the case.

We see different fields influencing the family. One such field is patriarchy. The dominance of the patriarchal field cannot be underestimated. It plays a contaminating role that normalises direct, structural and cultural violence. Similar to the HIV virus, patriarchy, like the HIV cell (Murrel, 2018), surrounds the Islamic field almost diluting the Islamic field, yet at the same time, it takes on the face of an Islamic field. The end result is that Islam is perceived as a male dominant religion. This metaphor will be explained further.

If the Islamic field were to be prominent, Muslim husbands would adhere to Islamic norms and values. They would treat their wives with respect and honour, as indicated in Chapter 30, verse 21 of the Quran. Metaphorically speaking, they would be the garment that beautifies and protects their partners (Hassan, 1988:120). In the case of domestic violence, this is not the case. It seems that some Muslim men are influenced by the patriarchal field, which in turn, influences the habitus. Consequently, this influences the distribution of capitals afforded to husband and wife.

Bourdieu (1986) indicates that economic capital determines the essence of all other capitals. In the context of this study, it is best to begin with symbolic capital. The reason being, the status of women and men is what influences their access to other capitals. If the Islamic field was the dominant field

105 amongst the intersecting fields, it can be argued that the prevalence of domestic violence would be rather low in Muslim communities. Women would have rights to negotiate their access to economic, cultural and social capital. Economically, women are supposed to receive dower. She retains her rights to inheritance. Her husband cannot demand her wage if she is working. If she is working, he still needs to maintain her, as this is his duty (Doi, 1984; Nawab, 1997; Ansari, 2006). Culturally, she has a right to gain knowledge and education (Faizi, 2001:214; Ansari, 2006:28). Socially, she has a right to maintain relations with networks (Al Khateeb, n.d.). All of this is only possible if the norms of the Islamic field are adhered to, which in turn awards women the same status or symbolic capital as men. However, the Islamic field is infected with patriarchy to the point that it assumes a patriarchal character.

This infected field sees Islamic values and norms hybridised with patriarchy. In these situations, the habitus of men and women are moulded with these hybridised norms and values, therefore, acting as a form of cultural violence. As a result, some men think they supersede women in access to the different types of capital whereby she assumes a slavelike role when she assumes the role of a wife. This argument can be justified by considering the different types of abuse Muslim women fall victim to (Al Khateeb, n.d.; Radio Islam, 2014; Nisaa Institute for Women’s Development, 2014:120-121). Many women remain in these relationships because culturally, via structures such as the family, they have internalised norms and values, which state they are not supposed to react (Faizi, 2001; Nordien et al., 2003; Zuberi, 2011). They are not allowed to question their husbands. In effect, they have internalised norms and values, which degrade their symbolic capital via cultural capital from relevant social capital in the field. Social capital exists in the form of structures such as the family.

In an Islamic field, norms and values prescribed in the Quran and Sunnah, are contradictory to patriarchal values. The importance of motherhood was stressed earlier. According to Al Hibri (1982:213), the Prophet Muhammad (PBUH) was asked who a son’s best friend is. He responded saying “[y]our mother, your mother, then your mother, then your father”. If this is the status of a mother, how can she not have an opinion? During the Friday prayer, the second ruler of Islam, Umar once tried to reduce the sum of dower women should receive. An elderly woman stood up and stated “[y]ou shall not take away from us what God has given us”. She used the Quran to substantiate her claim whereupon Umar retracted his suggestion stating he was incorrect in his assertion (Al Hibri, 1982:215). From this, it is clear that a cultural hybrid has been formed, which in turn assumes the role of an imposter that creates a sense of false consciousness in the minds of women.

Husbands also use patriarchal cultural capital to dominate women, whereby women believe that should they leave their marital relationships, they will face God’s wrath (Faizi, 2001). Abusive men

106 manipulate verse 34 of Chapter 4. The verse indicates that they are maintainers of family. Yet Islamic feminists such as Al Hibri (1982:218) and Badran (2006) opine that some men feel that women should assume the role of a slave and worship them as though they were a God-like species. Again one must consider the habitus of both abuser and abused and ask what form of cultivation led to its infectious state.

Support networks such as the family deny women potential alternative capital, which results in their staying in these relationships. This happens when they are forced to remain in these abusive relationships and chastising them when they attempt to address their grievances (Faizi, 2001; Nordien et al., 2003; Radio Islam, 2014).

The habitus of women facing abuse, is structurally constrained, hence violated by women’s lack of access to economic, symbolic, social and cultural capital. The emphasis on economic capital shows the low status or symbolic capital women possess in such societies. Within an Islamic context, in countries such as Pakistan, many women are economically dependent on their husbands. Therefore, they remain in abusive relationships (Rabbani et al., 2008; Akthar and Metraux, 2013).

In the case of abused Muslim women, both globally and locally, even if women possess cultural capital, which can be objectified, they still face structural constraints (Dangor, Personal Interview, December, 2014; September 2019). The habitus is constrained by the Islamic field whereby women are taught a hybridised version of Islam, which is patriarchal. Patriarchal norms and values (cultural capital such as “you are not allowed to question your husband”, provide women with very little symbolic capital or status (Nordien et al., 2003). Due to this low symbolic capital, women will find it hard to leave these relationships because within the Islamic field, regarding the capital that was transmitted to them, they are taught that if they leave, God will punish them (Fortune et al., 2001). They are afraid of losing whatever little symbolic capital they have due to the stigma they might suffer as a divorcee. Within many Muslim communities, families do not assist women seeking divorce or leaving an abusive relationship due to shame and stigma they might face (Faizi, 2001; Nordien, 2003; Suleman, 2011; Radio Islam, 2014).

Hence, the family which Bourdieu (cited in Bourdieu and Wacquant, 1992) refers to as the most important source of educational transmission, is, in many instances, providing women with very little social or cultural artillery to maintain their self-respect. In doing so, the family as a relevant structure is seen to commit structural violence, which is legitimised via the cultural ideology of patriarchy. This allows abusive men to act with impunity whereby they abuse women directly. The family is not the only structure that legitimises structural and direct violence. Evidence indicates that religious

107 structures also play a notorious role in maintaining structural and direct violence in the marital relationship, whereby women are victims of different types of abuse.

Religious structures act as a form of social capital whereby they can assist women in leaving abusive relationships. The academic literature suggests that religious leaders possess a habitus influenced by patriarchy. Using this habitus, they sometimes use their own symbolic capital to degrade the symbolic capital of women by asking them to remain in abusive relationships. This is done by taking advantage of circumstances where women do not have adequate cultural capital to assert themselves (Hoel, 2012). Hoel (2012:191) is of the view that if women possess cultural capital or knowledge, they can challenge religious leaders. They also keep women in marginalised positions by engaging in cultural and structural violence whereby they favour their husbands. They are afraid that by granting women divorce, the symbolic capital of their husbands would be reduced (Hoel, 2012:192). Asking them to remain in an abusive relationship using religion, can be viewed as transmitting cultural capital to women that informs them they should remain in a relationship, no matter how serious the consequences they may face (Boonzaier and De La Rey, 2003:1015). The view is legitimised via religious views on the role of women in the family. If religious structures advocate views such as that abused women are failures in keeping the family together and are going against God’s words because they ask for a divorce, culturally women are kept as prisoners in these relationships via religious structures (Gilad, 2014:483-485). Like the family, religion then gives men “carte blanch” to behave in an abusive manner. By promoting patriarchal values, religious structures are promoting cultural violence, which in turn legitimises structural and direct violence. At the same time, one cannot ignore that Muslim religious leaders might also have a misreading of Islamic law by striving for reconciliation as divorce is allowed, yet discouraged in Islam (Qutb, 1977; Vahed, 2006). At the same time, Bourdieu’s ( cited in Bourdieu and Wacquant, 1992:109-110) assertion on the dominance of the economic field in advanced capitalist societies cannot be ignored. In this instance, the economic field intersects with the religious field.

Religious leaders could find themselves in similar situations, as social workers at the Islamic Careline (Personal Interview, 1 October 2014) who are afraid to suggest recourse because women, do not have alternative economic avenues to support themselves financially. These differing views highlight the gap in the literature regarding the role religious leaders play in dealing with domestic violence.

3.11 CONCLUSION

Chapter Three displays the serious problem of domestic violence faced by married women. By manifesting itself in different forms, women are physically and psychologically harmed. Different theoretical perspectives divulge into the causes of domestic violence experienced by women.

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Classically, the feminist perspective tends to focus on patriarchy as the predominant cause of domestic violence being perpetuated in society. Family system theorists, on the other hand, argue that domestic violence is a phenomenon not only experienced by women, but equally by men. This chapter sought to apply the relevance of theories in different social contexts. In contemporary society, one cannot ignore the validity of both perspectives. Internationally it was seen that women are denied rights to challenge the abuse they suffer at the hands of their husbands, because of the patriarchal norms that resonate in these countries. While patriarchy is important, the way women experience and deal with it in different contexts, cannot be ignored. Structural issues such as class, race and gender and religion cannot be ignored. In a South African context, the feminist theory provides a more plausible explanation for the causes of domestic violence. Despite the country possessing progressive legislature on domestic violence, patriarchy resonates itself within South African culture through various structural institutions such as the police and courts, and men are provided with a cultural mandate to continuously abuse their wives without fear of punishment.

Within Muslim communities, globally and locally, it is noticed that women are victims of domestic violence because structures perpetuate patriarchy. In countries that are considered Islamic, women are not provided legal avenues to remove themselves from violent relationships. Structures such as the family and religious organisations do not assist women by educating them about their rights, and instead worry about the status of the family that could be affected by stigma because of divorce. Asking them to view their husbands as superior beings is a form of cultural violence that legitimises structural and direct violence in the marital relationship.

Sociologically, Bourdieu (1986) provides an understanding of why women experience different forms of violence. Different fields intersect and influence each other. Religion, family, gender, patriarchy and the economy intersect with each other, all colluding with a patriarchal world view. As a result, the habitus of women is culturally prisoned because they lack the economic, symbolic, cultural and social capital, which will allow them to leave violent relationships.

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CHAPTER FOUR USING A QUALITATIVE APPROACH: HANDLING ‘WINDING OPINIONS’, AND DETOURING ‘THE DEAD ENDS’

4.1 INTRODUCTION

During May 2017, I conducted my first qualitative in-depth interview with my first participant. The journey commenced to gain insight into Muslim religious leaders’ views on domestic violence experienced by women. Getting to this point of my doctoral journey was not easy. Many ‘dead ends’ were encountered, and possible ‘head-on’ collisions as well as ‘slippery slopes’ with participants were avoided. Upon reflection, as a researcher, I realised that using a qualitative methodology to answer the research question was useful. This chapter outlines the value of using qualitative research methods to answer the research question by focusing on the importance of the epistemological strengths of this approach, which was advertently instructive for this research. The chapter highlights the importance of sampling, which led to many reflective insights, most notably the insider/outsider phenomenon. The strengths of the use of semistructured in-depth interviews are also mentioned. Thereafter, data collection and data analysis are discussed.

4.2 QUALITATIVE RESEARCH PARADIGM

A qualitative research approach was used because of its emphasis on interpretivism. Unlike positivistic notions of social reality, which look at generalising results and observable behaviour, interpretivism places emphasis on social action. This originates from the work of Weber (1947, cited in Glass, 2005 ), who emphasised the point of “verstehen” which means “emphatic understanding” (Glass, 2005:1). It is important for social researchers to understand the meaning behind the action. People’s actions are related to the social contexts in which they find themselves (Neuman, 2000; Henning, Van Rensburg and Smit, 2004; Glass, 2005; Chesebro and Borisoff, 2007). Henning et al. (2004:20) make this point clear by stating:

Interpretivist knowledge is dispersed and distributed. The researcher has to look at different places and at different things in order to understand a phenomenon. That is why interpretivist research is a communal process, informed by participating, and scrutinized and/or endorsed by others. Phenomena and events are understood through mental processes of interpretation, which are influenced by and interact with social contexts.

The above quote from Henning et al. (2004:20) requires social researchers to interpret the words of individuals by considering the social context of individuals. Various sociological texts have

110 elaborated on how Weber empirically employed “verstehen”. He indicated that one needs to look at the social context and social relationships of individuals, which shape their understanding and action of social reality (Tucker, 1965:158-159; Bryman, 1988:57; Glass, 2005). He distinguished between direct observational understanding and explanatory understanding. Direct observational understanding refers to observing someone’s behaviour. For example, being happy. Explanatory understanding refers to the reason behind the happiness (Bryman, 1988:57). A man who makes funny faces and crawls, will be deemed insane. Yet, if he is doing it towards a child, he would be deemed a good father because the society he comes from prescribes such behaviour in order to be termed a good father (Tucker, 1965). Keyton’s (2001) view, which is of utmost importance, indicates that qualitative field research is natural and real in nature. People who are taking part in the research, choose where they are comfortable to be interviewed, rather than coming to a laboratory. This point is important because if one is to create meaning in line with the social context of the individual, it is important to conduct research in environments where participants feel most comfortable. Similarly, the worldview and social context of a religious leader must be understood. A positivistic paradigm might deem the actions or inaction of religious leaders as being oppressive to women. Why do they not just give women a divorce when they request it? On the surface, this seems very patriarchal. However, when one considers the context which influences the social action of an individual, the understanding of the social situation changes.

Sometimes external forces in a social situation prevent an individual from acting in the way they want to act. It might be that a religious leader does want to issue a divorce, but the social context prevents him from doing so. Participant Abdur Razaaq indicated that he was once threatened with a gun by an abusive husband. Hence, his action or inaction is influenced by the social context in which he finds himself. When religious leaders say they are limited in terms of what they can do, they are alluding to the social context in which they find themselves. Islamic law is not legitimised in South Africa. Yet, some individuals marry according to Islamic rituals, but do not register their marriages. Religious organisations dissolve marriages (Abrahams-Fayker, 2011). However, one participant, Ahmed, indicated that even if they issue a religious ruling, the husband does not have to accept it because Islamic Law is not recognised, thereby limiting their role as interveners in domestic violence.

4.3 SAMPLING

Henning et al. (2004:70) are of the view that in qualitative research, participants need to wander with the researcher during this journey. Hence, it is important to choose the right participants to wander through this journey. In the case of the research topic for this study, it was not difficult to identify

111 participants as it looks at Muslim religious leaders. Use was made of purposive sampling and snowball sampling.

Purposive sampling was useful because the participants need to fit a “unique criter[ion]” which was Muslim religious leaders, as they form part of the crux of the research question. Additionally, the sample was a difficult population to gain access to (Neuman, 2000: 98; Babbie, 2001:179; Henning et al., 2004:71). The United Ulema Council was contacted to gain access to religious leaders. This organisation has specific affiliates. The different affiliates have united under one body to form a united front for Muslims in South Africa (Islamic Focus, n.d.:1). The different organisations maintain mosques under their jurisdiction and also deal with marital disputes (UUCSA, n.d.:1). Two affiliates in Gauteng were approached. I wanted to interview religious leaders within these organisations that work with issues of domestic violence.

4.4 DIFFICULTIES IN GAINING ACCESS − BEING A MUSLIM MALE IS NOT ENOUGH

On 27 March 2017, I phoned one of the two organisations, to begin my fieldwork. I requested to speak to the same individual, whom I had spoken to at the time of preparing my proposal as required by the faculty HDC. He did not remember me. From the outset, I noticed that he was not as accommodating and enthusiastic as before during our first conversation in 2015. I introduced myself and indicated the nature of my research. While directing me to someone who lives in my locality, there was clear apprehensiveness. He indicated to me his disappointment in previous researchers who had been to their organisation for assistance. He stated that the organisation allows social scientists to interview them on the issue of domestic violence. However, when they present their results, objective analysis of their views is incorrectly provided. I indicated to him that I have no agenda, if he wanted to, he could see my interview schedule. I told him that dialogue was important between academia and civic organisations. He told me that while we could have a discussion on the issue, the practicalities they face are not understood. I told him this was the purpose of my research. This interview required me to be reflective on the sensitivity of my research. The intricacies of being an outsider and insider were colliding head-on.

Dwyer and Buckle (2009:58) state that researchers are more likely to be accepted by a target population if they share similar characteristics, which seems to enhance the researcher’s legitimacy. This can lead to developing a trusting and open relationship. To a certain extent, I share similar characteristics with the participants, as I am male and Muslim. While there are strengths in sharing some characteristics with the participants, reflexivity entails constantly reviewing one’s positionality and attributes to consider how this may affect the research and its findings. Role conflict and the lack

112 of a critical distance may ensue (Dwyer and Buckle, 2009:58). While I am an insider in some respects, I am an outsider in others.

After speaking to this individual, I felt more like an outsider rather than an insider. I felt like an individual outside the circle of trust. While envisaging problems when I presented my proposal to the Higher Degrees Committee, I never envisaged its extent. I knew I had to be reflective. I never realised the immense importance of this process. My professional identity and my religious identity were in a state of conflict with each other. I empathised with this individual. At the same time, I told myself that I could not fall into an internal sympathetic ‘trap’ which would jeopardise my integrity as a social researcher. I realised that as social scientists, we have biases. We subscribe to certain ideologies. However, our judgement should not be clouded by our emotional investment with ideologies, which influence our thinking so that we jeopardise the future social research of our colleagues and ourselves if we do not do justice to our findings and our participants.

I spoke to my supervisor, who told me that I should rather meet with organisations that would assist me in finding participants, face-to-face. I should also inform them that we can show them my transcripts of the interview with them. In a follow-up meeting, I told my supervisor that I would try to set up a meeting with the individual I had spoken to. Getting hold of him was rather difficult as he was not always in his office when I called. I finally managed to find him. I requested a face-to-face meeting with him while also trying to build rapport by being as transparent as I could. He was more accommodating. He wrote my cellphone number down and promised to get back to me. However, he did not get back to me. I tried getting hold of him, but to no avail.

The first conversation with him required deep reflection. Even though I told him I would show him my questionnaire and that he could ask his colleagues about me, I realised that building rapport needed more work. Previous research has taught me that one must have contingency plans when trying to access participants. The individual recommended a religious leader in the area I lived in at the time. Even though he recommended this person, I knew that rapport was not at the level it should be for this study to reach its potential.

The individual recommended was known by a mutual acquaintance. I contacted the mutual acquaintance to organise access to this individual. Not surprisingly, my intention of using snowball sampling in order to get access to participants was justified (Babbie, 2001:180). Babbie’s (2001) advice on the use of snowball sampling to access difficult participants proved to be correct. Henning et al. (2004:71) state that a purposive sample needs to be adjusted in order to accommodate snowball sampling. In this research, it was very important to make this adjustment. Religious leaders were proving to be a difficult population to access. The mutual acquaintance put me in contact with this

113 individual, who was very accommodating and polite. However, he requested to see my interview schedule because he told me this was not his area of speciality. My supervisor told me to go ahead and send the interview schedule. I sent my interview schedule via email. Unfortunately, the response was negative. The reason being the individual felt he was not qualified enough to provide me with answers to my questions. He directed me back to the organisation that had put me in contact with him. In our prior conversation, he gave me a colleague’s number in Azaadville. I requested Azaadville because in agreement with my supervisors, we felt that since I lived in the vicinity at the time, it would be a good place to start. I managed to get through to this individual. The individual was friendly and hospitable. However, he told me he needed to get permission from his superiors. He took my number and told me he would call me back. Similar to the first individual, I contacted, I did not get a call from him. Frustration crept in. I spoke to a religious leader who was not affiliated to any organisation to see if he was willing to take part. However, he felt that mentally, he was not in the right state of mind. Nevertheless, he gave me a list of people I could contact. One of the individuals on the list was an acquaintance of a relative. This individual worked with the first organisation I tried contacting. Given my difficulties with the organisation, I felt it would be better to use a snowball pathway in order to gain access, even though it meant it would take time to get hold of this individual. I emailed my relative the details of my thesis. He promised to try to get me access to this individual.

In addition to using colleagues, I managed to also contact friends and family friends who were qualified religious leaders. Two individuals assisted me with this process. They did however not deal with issues of domestic violence. Nevertheless, they provided me with some useful information. One of them asked me to contact the Imams from locations not near Johannesburg. The reason being the cases dealt within Johannesburg are referred to the organisation I first contacted. He also asked me to contact other Imams who were not affiliated to this organisation such as in Newclare and Eldorado Park, where one would find Imams taking a hands-on approach. Due to reasons of confidentiality, I did not tell this person that I had already tried to contact some of these people. The second person promised to put me in touch with someone who dealt with these cases from a reputable organisation. He also advised me to use the first organisation I had contacted.

It is interesting to note that both individuals advised me to contact this organisation. Again, I realised the importance of getting access to the one important individual from this organisation as I felt this would allow the sample to snowball and increase the pace of my fieldwork. The mutual acquaintance managed to get me access to the organisation using his contact who emailed me via his personal assistant.

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This individual’s personal assistant contacted me, asking about the length of the interview, my due date, and which days I would be available. I responded, indicating that I would require two hours, which could be spread over two sessions. I was more or less flexible in terms of my availability, and I indicated that I would like to conduct the interview in May 2017. I did not receive a follow-up email. I decided to contact the individual’s personal assistant who told me the Imam was busy as it was Ramadan, and my deadline of May was narrow. I told him we could be flexible on the deadline. He promised to get back to me. Emails and telephone conversations were exchanged over a period of time before I managed to get an interview with the individual. Upon meeting this individual, he told me he did not deal directly with cases. He told me he would speak to the individual with whom I first got in touch.

When I contacted this first individual, he was very again apprehensive. He was very worried about how the organisation would be represented in my research. I tried to reassure him again that the purpose of my research was simply to find out the truth. He told me that even if my intentions were noble, it was still possible my research would do harm to the reputation of the organisation. He told me he would discuss my research with the other members in a board meeting. At that point, however, my hopes of gaining a participant from this organisation were hanging by the thinnest of threads. The individual never came back to me. This was a particularly saddening set of events, as all suggestions given were to contact this organisation as they made positive strides in dealing with issues of domestic violence. Ebrahim Moosa’s (2010) point of disunity in the Muslim community in South Africa cannot be discarded. Reflexivity is of utmost importance here. Ferguson’s (2003:1999) definition of reflexivity refers to:

the ability to act in the world and to critically reflect on our actions and in ways that may reconstitute how we act and even reshape the very nature of identity.

Critics of this view argue that Ferguson (2003) sees these individuals as creative human beings who are in charge of their destinies. He ignores the power of social and political structures that influence their decisions (Da Cruz et al., 2007). Kondrat (1999) argues for a critical reflexivity that looks at balancing individual agency and the structures with which they come into contact. Kondrat (1999) argues that agents and structures are interlinked. However, the experience of each individual is not the same. It is important to consider issues such as class and power and one’s position in relation to different social structures. Therefore, the sociohistorical experience of individuals will influence an individual’s actions (Kondrat, 1999). As a Muslim male doing research on a topic where an important gap needed to be investigated, I felt like I was ‘shot down’ because as an academic, I was perhaps perceived as being part of the ‘secular’ world, and thus was considered a modernist, which in turn meant I was doomed (Moosa, 2010). Even though I tried to appease the organisation by constantly

115 reassuring them, they were not willing to engage with me. As a result, my interaction with them left me feeling as though my identity in our relationship was more of an outsider than an insider, who would somehow challenge their authority. Kondrat (1999) points out, while individuals will live in the world, their conception and experience of that world are not the same. How I perceive myself as an academic, and organisations’ view of academics from their experience, is different.

Bearing this in mind, however, while reflecting on this issue, organisations such as the one I approached must be cognisant that if they are to progress and increase their efficiency, they need to be open to ideas of accountability. It is only through evaluation that they could realise which areas of their work, if need be, need improving (Bruhn and Reabach, 2007; Bless, Higson-Smith and Sithole, 2013). After the death of the Prophet Muhammad (PBUH), his best friend and close confidant, Abu Bakr was his successor. In his inaugural speech, Abu Bakr asked his subordinates to tell him where he was going wrong (Ebrahim, n.d). The organisation that refused to offer me assistance needs to be reflexive of their actions if they are to continue to project an identity which is progressive.

While experiencing these difficulties, I managed to contact other religious leaders using the organisations such as NISAA Institue for Women’s Development and the list provided by the religious leader I knew and the one family friend mentioned above. As mentioned earlier in this chapter, I wished to use the second organisation associated with UUCSA. I then spoke to a family member who told me that he thinks one of the members might be someone who is known to my family. I met the individual at his residence, and he received me warmly. Before agreeing to an interview, he needed permission from his senior. He immediately phoned his senior, who told him to go ahead. Without promising, this individual told me he would try to organise more participants with seniors in his organisation and other individuals. He put me in touch with two potential participants. From there, the participants snowballed. Those who were interviewed suggested others. Additionally, I asked friends and family who put me in touch with participants. Attending a Marriage Conference in Sandton in July 2017 also proved to be useful as I managed to contact individuals. Also listening to some of them addressing the issue of marriage and domestic violence on social media and radio stations, was useful. I made successful contact. Using purposive sampling in tandem with snowball sampling proved to be very useful. I managed to start my interviews.

4.5 THE USE OF FACE-TO-FACE INTERVIEWS

Interviews were used to collect data. Interviews are useful when asking participants how they feel or attach meaning to “phenomena” or events (Berg, 1995:35). Importantly, interviewers attempt to elicit responses, and thereafter understand them within a particular context (Crouch and McKenzie, 2006). Given the lack of voice, it was important to not just elicit responses from religious leaders that were

116 largely missing in current literature, but also to understand the meaning behind the responses. Therefore, interviews were useful.

This research used a semi-structured interview schedule since it allows the interviewer freedom to digress from predetermined questions. The flexibility that semi-structured interviews allow, was apparent as participants answered questions appearing later on in the schedule, earlier (Berg, 1995; Babbie, 2001). This was useful given the in-depth nature of the interview schedule that had 55 predetermined questions. Face-to-face interviews were also used so that non-verbal cues could be observed (Berg, 1995:49-50). As Crouch and McKenzie (2006:487) point out, it is important to deal with cues in order to develop rich data. Before beginning the interviews, I thought that this could prove to be useful as the emotions or facial expressions of a religious leader can indicate how they feel about a specific topic and to unpack possible socially desirable responses. This was crucial, because this topic deals with sensitive information. The literature indicated that religious leaders have come under intense scrutiny in dealing with domestic violence. It was, therefore, important to provide interpretation and meaning to responses to the participant’s satisfaction (Crouch and McKenzie, 2006:487). However, taking note of non-verbal cues was difficult, given the length of the interview and the lack of animation on the part of some of the participants. I tried my utmost to take down facial expressions. The interviews were recorded electronically.

The interviews took place at the time and place suited to the participants. Interviews took place at their home or place of work. In one instance, the participant invited me to a quiet restaurant. He even ordered food for us even though I told him he did not need to. With another participant, he provided koeksisters and tea after the interview, which I politely declined as I had a family emergency. The length of the interview was a limitation in itself. One needs to bear in mind that some of these individuals have multiple commitments.

At times, these commitments were communicated to me. In a certain sense, the need to get an interview finished due to concerns of future access, put pressure on me. This sometimes could have limited my probing. After the first interview, I realised I needed more than one hour. I discussed this issue with my supervisor. We decided that two hours could be used whereby I would separate sessions with the participants. Still, this was not easy given the time limitations the participants themselves faced. Some of them work for multiple organisations and appear on different public platforms. In one instance, we needed to finish up the interview because it was Friday. Friday is the most important day for Muslims. In another instance, we needed to break for prayer.

Upon arrival, they were sometimes late and not ready. In one instance, I waited roughly two hours to interview a participant. Upon his arrival, he told me that he had an engagement somewhere else. He

117 did not have my cell number as I had contacted him from my office which showed a private number. Another participant told me to please call him the day before as he was very busy and might forget. Some were only available in the evenings. Nevertheless, I knew that I needed to be patient, given the difficulties in accessing participants. One participant was so tired in one interview that he fell asleep. Again, one needed to be reflective in this process. Participant Abdur Razaaq, told me that some religious leaders do not earn enough. Perhaps this was the reason why they were performing multiple tasks. In one instance, I got lost as this was my first time travelling to a specific area. Despite being late, the individual still accommodated me. It allowed me to see the type of work they do. Marriage counselling is only one piece of a puzzle in which they engage. While sitting and waiting for this individual, I saw him giving school stationery to a woman and her children. We managed to finally speak but the time was short, so we needed to reschedule. It was close to 13:00. We could not continue with the interview as it was time for midday prayers. He told me that after midday prayers, he teaches vernacular classes till 17:00. Thereafter, his organisation distributes food parcels for the needy. In another instance, due to service delivery protests, I could not interview a candidate because the roads were closed off. We could not find another time as this individual was constantly busy.

Overall, the interview process went rather smoothly. However, with one participant, I sensed a bit of uneasiness via the participant’s responses. At one point, the participant called me unscholarly because of a question I posed. I maintained my composure and rephrased the question. I apologised to the participant even though on my part, I know that the question posed was very relevant and definitely not unscholarly. Bearing this incident in mind, I decided to be more cautious in how I phrased this particular question, by indicating that there was no vindictiveness on my part.

Participants allowed me to record their interviews. Sometimes I used two or three recorders in order to make sure that data would not be lost. If one device were to break or get stolen, there was a contingency plan. I also stored the information on my computer as a back-up option. Interviews were also stored on a hard drive and a memory stick.

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4.6 PROFILE OF PARTICIPANTS

The following table provides the profiles of the participants including their age, profession and location.

Table 4.1: Profile of participants Participant Age Profession Studied Location Name Abdur 82 Vernacular teacher/ Radio/ Religious Institution West Rand Razaaq TV Anchor involved in the (Durban) translation of many books Abdur 60 Radio personality Religious Institution West Rand Rahman (Pakistan). Master’s Degree in Islamic Studies Imtiaz 37 Teacher. He worked at Religious Institution West Rand different religious institutions. (Springs) Currently working for an Islamic School Riaz 39 Teacher/ Imam/ works for a Religious Institution West Rand radio station (Springs) Usman 30 Radio Anchor Religious Institution West Rand Taufeeq 61 Teacher/ Imam Informally a religious leader West Rand through the system of learning under recognised religious leaders Irshaad 29 Teacher/ Imam/ Works in Religious Institution West Rand industry (Azaadville) Ahmed 36 Radio Anchor Religious Institution West Rand (Azaadville), Honours degree in Islamic Studies Umar 44 Imam/Works for a Religious Institution Central Community Organisation (Newcastle) Johannesburg Amir 53 Counselling Studied B Com before West Rand deciding to pursue religious studies in India Zaheer 43 Teacher/ Works for a Religious Institution East Rand community organisation (Zakariyyah Park) Ighsaan 42 Works for an NG0 Religious institution South of (Zakarriyah park)/ Madina. Johannesburg Possesses a Degree in Islamic law Shakeel 58 Imam/Teacher Studied in Saudi Arabia West Rand

A total of 13 participants took part in this study. Concerning age, Table 4.1 indicates that one participant was in his 20s, four participants were in their 30s, three were in their 40s and 60s respectively, and two were in their 50s, with one participant in his 80s. All the participants were from Johannesburg. The majority resided in the West Rand. While an even spread of participants from 119 across Johannesburg would have been preferred, the difficulty in gaining participants prevented this from happening. Most of them studied at local religious institutions in South Africa, with some of them pursuing or extending their studies overseas, either on the Indian subcontinent or Saudi Arabia. As the table shows, they were involved in different types of activities. Ahmed, Usman and Abdur Razaaq worked for a radio station at the time of being interviewed. Others, however, were involved in multiple activities. Riaz and Irshaad worked as Imams of a Mosque, while simultaneously working in other sectors. Zaheer worked for a local community organisation, while also being involved in vernacular teaching.

4.7 DATA ANALYSIS

Thematic data analysis was utilised through developing different types of codes. Initially, open coding was used where repetition of concepts led to the identifying of cursory patterns evident in the data (Neuman, 2000:420-423). This happened while analysing the various transcripts. Codes were written in the margins of the transcripts. This led to the development of social categories (Henning et al., 2004:104; Cresswell, 2009). When developing codes, the research question and objectives were kept in mind because it made room to identify unexpected results (Berg, 1995:186). The transcripts were compared at times to identify key themes. When reading different transcripts, notes were made to indicate when one participant agreed with another participant. Where there was consensus, quotations from different participants were cut and pasted from the transcripts onto a separate document and grouped accordingly. With some questions, it was easy to go through different transcripts because certain questions spoke to a particular theme. Also, while interviews were taking place, cognisance of interviews which had already taken place, was important. This made it easier to identify similar opinions of participants. Having a notebook to jot down ideas and thoughts was useful as it assisted me in writing during breaks.

Via the use of axial coding, the different codes were compared to see if there was a relationship between the concepts or categories to create themes. The theme on causes of domestic violence in the Muslim community has three subthemes. This created a platform for combining themes and looking for new themes. Cresswell (2009:184) also argues that axial coding takes places with theoretical models in mind. For this research, theory plays a crucial role. Using theories on violence and Bourdieu’s (1986 cited in Bourdieu and Wacquant, 1992) concepts of field, habitus and capitals, themes were developed. Reflecting on this issue, Cresswell’s (2009) point is critical, as theory was used to answer the research question.

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4.8 ETHICAL CONSIDERATIONS

Participants were given informed consent forms to sign. The form included the purpose of the research, which also ensured the participant’s anonymity and confidentiality. As advised by Bless, Higson-Smith (1995:102-103), participants were not forced to take part in this research. They were also entitled to refuse to answer questions if they so wished. This was made clear to them before the interview. An attempt at protecting the identities of the interviewees was made as their real names were not used in the thesis (instead, pseudonyms were used). All participants were assured of confidentiality. They were notified that other than myself, my supervisors and the transcriber, no one else would have access to the original data (tapes, field notes, and transcripts) (Bless and Higson- Smith, 1995:102-103). In addition to providing an informed consent form, the purpose of the research was also communicated verbally to the participants. Confidentiality and anonymity were challenging principles to maintain and caused a lot of anxiety.

Participants would constantly ask me whom I had interviewed. I had to remember my position as a researcher who needed to do no harm to participants (Reabach and Bruhn, 2001). I sought to approach the matter diplomatically telling participants that I did not mean to be rude, but my position did not allow me to share such information. One participant had a problem with the use of pseudonyms in this research. He felt that by me using pseudonyms, his opinion would be undermined. I raised this with Professor Naidoo, who told me we could give participants an option on whether they would like to use their original names or pseudonyms. However, as the interviews proceeded, we decided to use pseudonyms because it decreased ethical anxiety. Findings were to be shared with the participants after the research had been concluded.

4.9 DIFFICULTIES ENCOUNTERED

One of the limitations I felt was not the instrument per se, but the length of the interviews. After the first interview, I realised I needed to have two hours with each participant. This meant scheduling two interviews, an hour each, with each participant. I noticed that they were getting tired after an hour. They also had other engagements. The fact that it was not structured, assisted in this sense as sometimes through detailed responses, participants would answer other questions. Nevertheless, the fact that I needed to interview one participant over two sessions meant I needed to conduct extra interviews, which increased the time I spent in the field. Another difficulty encountered was religious leaders involved in multiple activities.

Sometimes while we were talking, they would receive a phone call which they needed to take. As a result, the interview was interrupted. This was no fault of any individual; it was ‘life happening’

121 which meant that, as a researcher, I needed to exercise patience. Given my difficulty in gaining participants, I appreciated the time these individuals set aside for me. In a sense, this also allowed me to appreciate the unstructured process of qualitative research. In the context of these individuals, one notices the different tasks in which these individuals engage. Abdur Razaaq indicated that they are not paid well by trustees of the mosque. They have to perform multiple duties. One could understand his point of view when interviewing others. The realisation that these individuals, like everyone else, are human beings, means it is important to treat them as such when criticising them. In certain cases, just by observing some of the institutions they run, indicated the challenging positions they found themselves in. Additionally age discrepancies also played a role.

Being much younger than most of the religious leaders I interviewed was a bit of challenge in terms of what I could probe and what I could not. Sometimes the personality of an individual makes it difficult to probe when they provide abrupt answers. In one interview, I found myself constantly apologising. The fact that one individual did not like the word clergy, also reflected my position as an outsider.

4.10 CONCLUSION

Using a qualitative research methodology was useful as it allowed me to understand the point of view of the participants by putting myself in their position. Hence, from an epistemological point of view, this was the best method as it placed emphasis on meaning and context that was vital in this process. Using purposive and snowball sampling to gain access to the sample indicated the intricacies of the insider/outsider phenomenon, which required deep reflection. Semi-structured interviews were used. This proved to be the best course of action as it allowed for clarification of views via the use of probes. Ethical issues such as confidentiality, informed consent and anonymity, were applied. While textbooks provide guidelines, the nature of this topic made me realise that these principles were sometimes challenging, which could cause an individual immense anxiety. Limitations such as time and length of interviews were experienced. However, they were dealt with by using contingency plans such as dividing the interviews into two different sessions.

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CHAPTER FIVE MUSLIM RELIGIOUS LEADERS PROVIDE THEIR VIEWS ON DOMESTIC VIOLENCE EXPERIENCED BY MUSLIM WOMEN IN SOUTH AFRICA

5.1 INTRODUCTION

Two literature chapters emphasised the seriousness of the problem of domestic violence in general and, more specifically, within the Muslim community. Using sociological theories, it became clear that for domestic violence to be comprehensively understood, it is important to understand the social context in which it occurs. Different theoretical perspectives provided sociological understanding of this issue. Classically, the feminist theories and family system theorists contributed towards an understanding of this issue. Contemporary theorists see that both these theories cannot be separated from each other. Using empirical evidence from other studies, the importance of both these theories was realised in the Islamic context. While issues such as socio-economic status are important, its relation to patriarchy is acknowledged. This brings into the question the role of religious leaders because primary sources of Shariah indicate that domestic violence should not be allowed in any Muslim community.

Following the use of a qualitative research methodology, 13 religious leaders’ opinions were sought on the issue of domestic violence experienced by Muslim women, using in-depth interviews. Their opinions are organised and presented in terms of 12 themes alongside various subthemes, which were formed using thematic analysis. In line with the objectives of this study, this chapter solicits their opinions on women’s rights as a Muslim wife. Their opinions on why violence occurs in the marital relationship are also discussed. This chapter interrogates the support they provide to women. It also looks at how women can be better assisted.

Reading the different themes, one will see that the issue is more complex than the way in which current academic literature presents it. One needs to interrogate the social context of which religious leaders are part to understand why they use certain approaches such as reconciliation, and why some of them are against Muslim Personal Law becoming legalised. This does not mean that religious leaders are not guilty of the claims made against them. Evidence of this is apparent. However, this chapter will show that broad, sweeping claims need more analysis. The themes provided in this chapter set the ground for the next chapter where Bourdieu (1986) and Galtung (1990), as well as other theories on violence, will be used to answer the research question.

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5.2 RELIGIOUS LEADERS’ VIEWS ON THE ROLES OF MUSLIM MEN AND WOMEN IN MARRIAGE

The first theme of this findings section alludes to participants’ views on the roles of Muslim men and women as husband and wife. Delving into the participants’ views on this issue, provides an understanding of the social context in which Muslim women find themselves, which lays the basis for a sociological understanding of Muslim religious leaders’ views on domestic violence experienced by Muslim women.

5.2.1 Importance of motherhood

The literature indicated that in a traditional Islamic society, the primary duty of a husband is to economically sustain the household. Against this background, women should look after the affairs of the household. In terms of an Islamic understanding, neither role is viewed as inferior or superior to the other. Both are considered important roles for the stability of society (Nawab, 1997; Ansari, 2006; Suleman, 2011). The participants concurred with this view.

Imitaz: There is no such thing that being a mother makes you less important…in society… The reality of the matter is both husband and wife are important in their own spaces… And the more we give due to each partner in their respective space, the healthier and more united our societies will become.

Speaking about motherhood, Shakeel gave a similar view to Imtiaz:

Right motherhood benefits the child in multiple ways. The father cannot give that type of affection that the mother gives… The mother is more hands-on, the mother seems to be more sensitive to the needs of the child, and the father is very [a] much black and white situation. Right where the mother is like the rainbow [.] [She] does [not] even have enough colours to complement the mother’s affection.

Similarly, Imtiaz states:

You see, motherhood is not restricted to just having a child and [bringing up] the child and making sure the child has had a bath and changed and had food…That [is] not motherhood. Motherhood in Deen (Justice/Religion) stems from the time the lady gets married, that [is] when motherhood starts. Because the way she is going to interact with her husband is going to impact on the character of her child. How she is going to behave during her pregnancy is going to bring out [the] character in the child. How she is going to deal with the child as an infant, during the stages of breastfeeding is going to impact on the character of the child. If we have Muslim mothers that are true mothers, then we will have a very… healthy Muslim society being bred.

In Amir’s view:

If he [is] marrying her because he expects [cough] that she must have a pot of food for him ready every time of three meals a day, then no, he should [not] have married, he should have hired a cook…So, her job then, right, is to… comfort him… to give him children, to bring up his children, to train them. 124

Similarly Shakeel states:

In a personal capacity,…she compliments her husband’s ways, if she opts…to do the cooking to do the washing that would be very good for the relationship.

According to Usman:

It is a supplementary, complementary role that Allah has…outlined. Not to say that the one role is better than the other. It [is] a mutual relationship. If everybody is going to be out of the house, then who is going to look after the children now. We [have] replaced motherhood figures with day-cares, we [have] replaced…breast milk with bottled milk, we [have] replaced genuine motherhood care and upbringing with…gadgets, television sets, and as early as three, children are dumped into day-cares. What upbringing the child would have? So what the woman is doing is not…a menial task. She is raising tomorrow’s leaders.

Participants indicated that while men and women adopt different roles, both roles are seen as equally important.

5.2.2 Different but equal

Ahmed used the Quran to make the point that neither role is inferior, but that they are complementary.

In the Quran …the functioning of the house, the head of the household, meaning the persons with [who] the responsibility stops, the ultimate responsibility…is that of the male. However, that in no ways suggests the… wife is in any way sub-human, sub-Muslim or does not have an equal branding role, or an equal role within the marriage, it is just a simple fact of life that there has to be…one person ultimately with whom responsibility stops…I think many times the problem is, people look at certain verses of the Quran in isolation. And certain Hadith in isolation and certain Fiqh (Islamic law) rulings.

Ahmed indicates that there are two debates that exist. Firstly, you will have non-Muslims who feel any source of Islamic law, be it the Quran or Hadith, is open to criticism. Secondly, within the Muslim community, they will not critique the primary sources of Islamic law, but they will critique scholars’ views as these individuals are human beings. For Ahmed, the critical point is that in both these debates, those who criticise the Quran, the Hadith or scholars’ views on primary sources, do so without considering a holistic view of the meaning of the Quran or Hadith. Other verses of the Quran and other Hadith are not taken into consideration. He gives an example of South African law to illustrate his point:

So even in law, I mean you can[not] pick up the constitution and take out one line or one clause of the constitution and say the South African Government advocates violence because it talks about military warfare.

Ansari (2006) stated that while the husband assumes the role of being the leader in the household, he is not supposed to be dictatorial. Iqhsaan echoed this view:

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You have the right that your wife, she has to be obedient, she has to listen to you, and she has to follow you. But now… this is not like a master-slave type of obedience. You [are] supposed to have a mutual…understanding, and you guys…supposed to work together at your relationship but at the end of the day, the husband being the man of the house, he [is] the one that is responsible, in the eyes of Allah…but that does [not] mean he has the right now to…just command. He does [not] have the right [to] [say]… it [is] my way or the highway. And now many people, they misunderstand this and…they use what they perceive to be their right...as a means to get what they want.

While Ighsaan indicates that the relationship is not one of a master-slave relationship, in the above quotation, he indicates that there are verses that are misinterpreted. Similarly, Ahmed indicates:

So if you look at the Ayaat (verse) of the Quran, it talks much more about men being more tolerant within the marital dynamic and [ab]solving more of the marital pressure and the household pressure, of the parental pressure, of the financial pressure. So being a leader means you are carrying more responsiblity rather than necessarily that you know you have got more authority to sit back and dictate. But there is this perception…because they believe in this verse, the man is the head of the household, they use that as a license to do whatever they want with …the members of the household, including the wife, so hence the perception of the link between …what you call…religious people, patriarchy and domestic violence.

Ahmed indicates that the notion of women taking care of the household must be clarified. She does not need to cook and clean the house. She does this out of the goodness of her heart to maintain a good relationship, in the same way, a husband might go beyond his prescribed role to maintain a healthy relationship:

It [is] not to say that they are mutually exclusive, that a woman’s role is exclusively only to look after her children and a man’s role is exclusively only to earn [a] livelihood. If that was the case, the Shariah would not have all these rules about ladies, about women and their wealth… If wealth was that men only could earn money, then why would there be rules about the woman’s wealth and it is her own wealth and the husband should not interfere? And all of those kinds of things. So the Shariah sets out the responsibilities, and then the priorities are there in terms of being a spouse, both husband and wife in terms of the marriage, and being a parent to… your children, the other aspects are more cultural, in terms of a woman looking after the chores of the home, cleaning the home[,] cooking and all of those kinds of things. The books are very clear, that is not compulsory, it is not part… of the responsibilities…of a wife, but generally the husband and wife relationship… is not limited to…mere technical requirements, so the husband [will not] say that you know that if I buy you one dress, it can last you for the whole year and you can wear the same dress every day and my technical responsibility is fulfilled, as in terms of my financial burden, he will go the distance.

In the above quote, Ahmed is asking for a middle-ground approach to be used, which goes beyond the technical requirements of both husband and wife. Using the example of gifts, he seems to be suggesting that going beyond the technical requirements will solidify the relationship. This is an indication that he is aware of the social context. According to him, the primary sources of Islam allow

126 for this to take place. While participants indicated that men and women are different, but equal, society does not always appreciate the role of a housewife.

5.2.3 Your status depends on the amount of money you earn

On the role of women, Usman gives an interesting insight. He seems to be suggesting that in the world that we live in today, a human being’s status is judged by how much they earn which is not how Islam views the status of a human being.

It [is] the society that has…degraded her role as a motherly figure. I mean if a mother prepares wholesome food for her children in a house, she [is] just a lousy housewife, but if she prepares the same food in a restaurant, wow, she [is] liberal, she [is] a progressive woman… If a mother is attending to the needs of the home, then she [is] just a lousy housewife, but if she [is] sweeping the floors in the restaurant and mopping the floors, wow, she [is] liberated. So we have sugar-coated the role of women, and we have exploited them. We say women rights and women roles, how many women…Presidents do we have in the world…can you say more than five?

Ahmed agreed with these sentiments:

And if a woman decides to become… an air hostess, [she is a] progressive, modern, liberated woman, why? because it [has] taken her out of the home. But if the woman decides to do the exact same thing in the home for people that she knows…she loves and she cares for, automatically it means that… she is…backwards or she is being oppressed. And the biggest injustice that we can do to women is to assume.

Ahmed elaborates on why it is important not to assume what is in the best interest of women, but to actually ask what they want. His views seem seem to echo the views of self-proclaimed Islamic feminist Ridley (2006:1-2) who makes reference to the needs of women. She states that in Afghanistan, the Western countries are not interested in what women really want. According to Ahmed

You see the problem is that society assumes that these women who are staying at home, are doing so because the husband has got a gun to their heads. But if they come [and] they actually speak to those women it [is] like the same thing with the Hijab(Veiling of women) and the Nikab (Covering of a womens face that excludes the eyes) story right, there are so many women whose husbands do [not] want them to wear the Nikab, but they have taken a personal choice to wear the Nikab. So I am asking that according to modern standards…who is more liberated here? That woman who goes to work with a mini skirt, although she does [not] want to but society compels her to do that to fit in, is she more liberated, or that woman whose husband who [is] not so religious and telling her no you do [not] look smart with a Nikab, she says no I feel Islamic and spiritually I have to do it so I am going to cover my face?

Furthermore, Ahmed says that some women prefer motherhood over working for a wage.

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Sometimes we have to actually prod them a little bit and say you have got a qualified this and a qualified that…and she will say…I am very happy looking after my children and running the affairs of my home.

Various verses of the Quran indicate that the status of a human being is linked to their relationship to the Almighty (Nawab, 1997). If one considers the views of Usman, Imtiaz, Ahmed and Shakeel on a social level, a woman is equal to that of a man because the status of a human being is not linked to his or her wealth, culture, race, or other aspects. While women play an important role in looking after the household, they are not confined to this role.

5.2.4 A woman’s value does not only depend on her being a mother

Some of the participants indicated that women play multiple roles within society. While Shakeel stressed the importance of motherhood, he indicated, it is not the only role that Muslim women can occupy as historically, Muslim women positively contributed towards the social well-being of society.

Shakeel: Well... even in traditional societies like past women used to work… The ... [Prophet Muhammad (PBUH)] got married to a working woman Khadija [First wife of Muhammad (PBUH)], she was the third wealthiest person…she was the wealthiest woman ever, right and so with the result is she worked hard… so there is no…prohibition in that respect. He never stopped her from doing that.

In the above example, Shakeel makes reference to the Prophet Muhammad’s (PBUH) first wife Khadija. This is an important example. Muslims are thought to follow the Sunnah, which is the way of life of the Prophet (PBUH) (Suleman, 2011). Shakeel indicates that the Prophet did not stop his wife Khadija from working. He also uses examples of the Prophet’s other wives.

Shakeel: I cannot come to the name of one of his wives, she used to make saddles, and she used to sell them, but he never took a cent from her income. So here comes the point of income, right… [inaudible] says in the Quran, let the man of means spend according to his means and a man of little means spend according to his means. So, by that…token, we find that…the husband is still regarded as a maintainer.

Similar to Shakeel, Usman also uses the life of the Prophet (PBUH) to indicate that the role of women is not confined to the household. He gives examples of the Prophet’s own wives who made societal contributions.

The Prophet of Allah (PBUH), his first call of support was his wife, Khadijah… And who was the last person he passed away in the lap of… Ayesha, his beloved wife. There were womenfolk who conducted lessons; there were womenfolk who took part…in the affairs of the society. So women, I always say the religion has not marginalised women. It [is] the culture that has marginalised women, and that [is] why I said when you study any…community, you grade them by what the religion says and not what the people are doing, you understand.

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Usman makes reference to women contributing to different sectors of society, similar to Nawab (1997) and Bewley (1999) who indicated that women contributed to different aspects of society such as economics, education and military warfare. Umar indicates that out of financial necessity, women are allowed to go to work as long as they adhere to the laws of Shariah in terms of the intermingling of sexes.

If it is in a situation where they [are] under financial constraint and things like that, if [it is] good for her to go…in the sense of the condition[,]situation and environment. Today, you find that a lot of women are working in an environment where there [is] lots of strange men in contact… So if the conditions are good and she can work, I think that will be better, just to help. But you know, at the end of the day, our intentions are very important.

He also places emphasis on the consideration of the social context by drawing real-life cases he deals with:

Because [of the] unemployment rate, [the] husband [is] sitting at home. I had a case now… the guy came in…he [is] sitting at home, [his] wife is earning. So what do you do in a situation like that? so you can[not] tell her, no, you can[not] work. So if she does [not] work, then you [will] find that there [is] no income, and that will cause problems in a marriage. So if the woman can work, help out in the household, fine. Again, the key factor here is that they need to do it together and consulting one another in whatever they do.

Similarly, Usman argued:

Look, things have become tough. There [is] inflation… A husband can no longer manage the financial burden on his own. An average household income is around R10 000 to R15 000. That’s for a person who…got a stable job. Some are even in a lower bracket than that. How does a person manage to pay his rent, school fees, see to the needs of the house, and if there is an emergency, how does one person, [earning] R10 000, come out with all those expenses. Even R15 000 cannot fit the bills at the end of the day. So whilst a woman is not forced, Islamically, she [is] not forced to go out and make a living, but if she wants to lend a hand of support to her husband, then there are guidelines for her in terms of working in the environment…and women have played a very active role from the starting of Islam in…forming the society.

Ahmed also has no problems with women entering the workforce as long as they do not forget their primary responsibilities. Like Usman, he acknowledges that the economic climate requires women to go to work.

And they may not have any father, brother, uncle whoever, who can help them financially so for that woman then also to follow a similar kind of thinking that I will take any job, any permissible job right, just so that I can put the food on the table, that is understandable.

Wadud (2006) indicates that it is important to be conscious about present-day realities when considering the roles of women in contemporary society. The opinions voiced by religious leaders show that some of them are aware of this. Like Ahmed, Irshaad did not have a problem with women working, as long as the environment in which women work is Shariah-compliant. At the same time,

129 he does not see why the home environment cannot be a place where women can empower themselves economically.

Now this is the thing now…if the workplace is conducive from a Shariah point of view right, then.. like you know Allah says in the Quran that you know it is better for you to stay at home right, so personally the entrepreneurship skills that we give to the women, the Muslim women, there is so much that you can do from home, you know if you just have a little bit of creativity now with social media, I mean I had a friend, his wife, was selling jewellery on Instagram, making a killing for herself, she did [not] have to touch a cent, because she did [not] have to physically pick up a ring at all, you order from the suppliers… I mean you have your supplier base, you have your contacts, you advertise what the suppliers have on Instagram with your mark-up, people buy it, you order from the supplier, you call a courier company, come and pick up the stuff and off it goes. And you did [not] see a Non-Maharram (A person who is not a guardian) man who did [not] interact with [you]… However, if for instance…they have a passion to…do something right, and maybe they need… to leave the home for that, then obviously if the laws of Shariah are being adhered to and then they maybe can leave.

Similarly, Amir argued:

Home industry is…a huge thing. She could be a teacher…They say that the first school…is… the lap of the mother.

Some participants indicated that it is not just out of financial necessity that women should play a role outside of motherhood. According to Ahmed:

To survive, so that [is] the one way in which you so to speak enter the workplace, where the other way of entering the workplace is to say well I want to enter because I want to constructively contribute towards society. The fact that I have a salary for it is… a by the way thing, it maybe help[s] me supplement my income, so that [is] where you see men and women doing it.

Abdur Razaaq supports Ahmed’s view:

That [is] very good because you see, if you do not allow your women to go into the workforce, so 50% we are losing as a nation, right, and especially you find that a certain profession, the women can do better than men... Like for instance, teaching and even accounting, even for instance, lawyers and my wife, who [is] a female gynaecologist. You understand, so it is important that we should have these different professions, we must be given the opportunity.

Like Abdur Razzaq; however, in more detail, Ahmed also provides examples of the roles women can play in society:

So you will find women coming into schools. And becoming teachers and now we are having more and more girls-only schools, so if you look at some of our Muslims schools like LMS (Lenasia Muslim School)…they have girls’ wings… the principal is female, the vice-principal, HOD, these are all females, so you are contributing actively to society now, via education, it [is] not only about [a] paycheck…. You get females coming in and becoming doctors and gyneas and dentists and whatever else…and they contributing to society, and from an Islamic perspective, Muslim women are finding it more comfortable giving birth…with a woman. Especially if it [is] a Muslim woman who understands all the Islamic things…You can[no]t

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say… there is no place for women in the public space right, I think that is going to one extreme. In the same way, you can[not] say that the woman can totally divorce herself from the responsibilities at home because that [is] going to the other extreme…the parental responsibilities is the primary responsibly of a woman from an Islamic perspective…for biological and other reasons.

Overall, the points made by the participants do not contradict the literature. According to Muhsin (1992), it is in a traditional society where men working and women raising their children and looking after the household, will be found. However, in the contemporary society, one would not find this to be the case. In contemporary societies, Muslim mothers are not given protection legally or politically (Wadud, 2006). The results concur with this view. Participants alluded to the current economic climate, whereby one income may not be enough to sustain a home. Muhsin (1992) called for a reinterpretation of the Quran. Nawab (1997) indicated there is no need for this as women are allowed to work, if the economic situation of the household requires them to do so. Like Athar (1988) and Bewley (1999), some religious leaders indicate that a woman can contribute to other functions, and there are historical examples, which are indicative of this. The question which arises is, how should women handle both responsibilities?

5.2.5 There is no shame in men engaging in domestic duties

Thus far, some of the religious leaders have indicated that women can play a role outside of the household as long as they fulfil their primary roles of being housewives. At first glance, one would argue that they will be overburdened with dual roles. However, some of the participants indicated that if women are assisting in running the household economically, their husbands must assist them in handling the domestic chores of the household.

According to Usman:

Now obviously the husband cannot expect X and Y and Z to be done because he also has to understand if he is tolerating his wife going out to work… he can[not]… when he comes home [expect] wholesome meals and fresh Rotis [Indian bread]…to be waiting for him. Because everything comes with the consequences… So they have to sit down and discuss. So many ladies have said you know what, I [will] work but I [will] reduce my working hours, even in the corporate world. I [will] work maybe from 9 till 1, flexi hours, and…the rest of the time, I [will] dedicate to my family. So in that way, it boils down to discussion amongst the couple. Now, in that case, the husband also has to play his role.

He elaborates on his view by making reference to the Prophet Muhammad (PBUH)

The Prophet Sallallahu ‘Alaihi Wa Sallam [PBUH] used to… attend to his own needs, he would milk the goat, he would…man his own clothes, he would…clean the house….[there is] nothing like that in the book…. That [says] you as a man cannot cook, you as a man cannot…dress the kids, you as a man cannot get involved in the household, domestic chores of the house. There [is] no such thing. Our own Prophet has given an example to say that… you should give a

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lending hand to your wife and see where you can assist, and even studies today show that the woman will be more romantically inclined to a man who helps her out in household chores. So if you want to maintain a good rapport with your wife, then you [have] got to give her a lending hand. The dynamics have changed.

Similarly, Ighsaan stated:

It does [not] mean that she [is] the wife, she must be in the kitchen. No, we can say that listen here okay when it comes to weekends…Mondays and Tuesdays I [will] cook, Wednesdays and Thursdays, that [is] yours… all these guidelines are there, to guide us so that we do [not] abuse each other and we do [not] overstep our boundaries.

Umar agreed with Usman by stating that “if both of them are working, so share the responsibilities”. Usman, Ighsaan and Umar agree with the likes of Athar (1988), who states that while these roles are prescriptive, they are not obligatory. If circumstances require women to work, then there is no problem. At the same time, a husband cannot expect his wife to help assist in maintaining the household economically while at the same time, she must also see to the domestic issues relating to the household. Similar to how she is assisting him economically, he must also assist her domestically. The point made earlier that neither role is superior, needs to be emphasised here. Usman indicated that the Prophet Muhammad (PBUH) took part in looking after the household chores. As Muslims who claim to follow his example, how can they think such a view is beneath them? This also emphasises another point. The Quran states, “Who conduct[s] their affairs by mutual consultation” (42:38 cited in Ansari, 2006). Therefore, both partners need to come to some sort of agreement.

5.2.6 Non-appreciation of the role of women in the family

Thus far, it has been established that some of the participants see women playing an important role in society. While their primary role is to see to the household, it is important to consider the socio- economic context of a particular society. Therefore, women are allowed to assist men in economically running the household by gaining employment. However, according to participants, sometimes men do not appreciate whether their wives are housewives or working. According to Irshaad:

She is at home the whole day looking after you and your children and your house, and then when you come home at night you still want to put your finger in her face and tell her stuff. So all those kinds of sacrifices she makes [a]nd then you know how woman always… must go the extra mile… So they put their emotions into what they do. Then if we do [not] appreciate that… it breaks her heart immediately. You know a simple thing like she cooks a nice meal, and she puts that little candles….. now she thinks she is going to have a nice little romantic meal with you for the first time in forever because the kids are sleeping, finally, right and you come home and you do [not] like the food. And you must tell her to her face I do [not] like your food, why did you cook this for me? Now, not only must she go and change the food, okay… but you have destroyed the entire evening, broken her heart, broken her feelings, she will never want to do something like that for you ever again. You understand…That [is] why Islam said appreciate your wife.

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Similarly, Shakeel indicated:

Right, very often. Right, the [verse] 4:34 again, men would…refer to the latter part of the obedience of the wife, but they would never refer to the introduction that men are maintainers.

Imtiaz also indicated that the work that mothers do, is not appreciated.

Muhammed: Do you think that emotional labour is appreciated today by men?

Imtiaz: Very few men hey… [laughing] I think the men who appreciate it, are the men who perhaps go through some turbulence in their life, perhaps they went through a divorce and then they got married and then they would maybe appreciate the next wife because of perhaps what… they experienced in the past and with those men maybe show some appreciation, or those men who grew up in a home where there was a lot of gratitude shown. You know from their mothers to their fathers and to one another…but generally by and large very few men really understand the role of the woman and really appreciate what they do in their homes.

Imtiaz also adds:

Unfortunately today, because [of] the lack of motherhood, boys grow up without understanding responsibility. So it is nice for me to get married and have a wife, but the responsibility of looking after the wife is not there. And you find in many cases…the wife has to come home from work, she has got to cook, she has got to clothe, she has got to feed the children, she has got to clean the house, she has got to do everything and she has got to get up and go to work again the next day but the husband, I do [not] have a job.

An important part of what Imtiaz is alluding to is how important Islamic norms of equality need to be internalised.

Due to motherhood lacking monetary value, Abdur Razaaq argues that men take advantage of this:

You see motherhood plays a very important role…. you find that in every culture not only Muslim, the man takes advantage over the women because you know she is the mother. Where will she go? How would she bring up the children? She can[not] go in the street, she can[not] go back, who is going to look after her?

Earlier it was pointed out that women can assist their husbands in economically running the household. Umar though gives the impression that this is not happening.

What happens in most cases, where I find out, is that the wife must still do everything. She comes home, she must still clean, she must still cook, she must still look after the children, bath them, get their homework [done], everything. Where [is] the husband, lying on the couch. So that [is] not the ideal situation. So if both of them are working, so share the responsibilities. So that is what we want… Again, communication and consulting with one another, this is what we [are] going to do. That [is] your ideal situation, but it [is] not happening now. Very few, maybe 2, 3% of… men are doing it, but men feel that…coming home, I need a cooked meal. The wife, again, because of her…motherly nature, she will not do that. She will come home, and she will start doing the work, but then it puts a lot of strain on her.

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Unlike the other participants, Usman feels that the case of husbands asserting their dominance is not happening on a frequent basis.

In every community, you [will] get like that where the person will feel he [is] the boss and he [is] the big shot, but that is, like I said, the influence of maybe external forces or his wrong upbringing or his wiring from a certain background, all this is there. But in the mainstream, people are now much more educated, much more enlightened and much more understanding. You [will] find a select few that are like that. Then it [is] more of an issue of narcissism, an issue of an ego as opposed to a religious issue. Sometimes it [is] sheer arrogance, pride and ego; it [is] a clash of egos that gets in the way.

Islam views men and women as equals, but sees them as performing different yet complementary roles (Nawab, 1997; Ansari, 2006). However, as pointed out by Irshaad, Abdur Razzaq and Shakeel, the notion of male dominance is still predominant in today's society. Shakeel pointed out that men use the verses of the Quran in isolation to assume a dominant role in the marital relationship. Even Ahmed who indicated that women are exercising a level of agency whereby they negotiate their roles in the marital relationship, indicated that sources of Shariah are misused by men to create a relationship whereby they assume a dominant position. The extent of patriarchy in the Muslim community is beyond the scope of this study. However, it can be stated that a patriarchal culture exists within certain parts of the Muslim community. Usman indicates that patriarchy is diminishing in his view. The possible reason for this is that Usman might be exposed to a different segment of the community when compared to the others. Bearing that in mind, one cannot draw a sweeping conclusion to say all religious leaders are contributing towards the culture as indicated by Hoel (2012). If anything, it can be argued that some of them are agents of social change alerting broader society to these issues. This becomes clearer when they point out that the roles of male and females in Islam are not set in stone. At the same time, some of them still hold on to archaic views.

5.2.7 Her place is in the home

Thus far, the opinions provided by participants can be viewed as balanced and progressive. While they value the importance of motherhood, they see women as playing an important role in society. Additionally, they recognise that women have to work due to the current economic climate that makes it difficult for a family to be sustained on one income. Women can assist men, as long as they do not ignore their duties as mothers. At the same time, they argue if women are assisting in running the household economically, men should assist women in running the home domestically. However, not all of the participants shared this view. Abdur Rahman had a different view on this:

The day the Muslim government and Muslim families decided to take their women out of the house…that is where all of the calamity, all the problems started. In Islam, a woman’s place is at home. That is Quran… in Islam if you understand how Islam works, from the day she is born

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and prior to that when her mother was pregnant, till the time of her birth and till her time of her marriage, the father is responsible for all her expenses.

Imtiaz was also not comfortable with women entering the workforce. However, his response was that women are entering the workforce because men are not responsible any more.

Imtiaz: I think it is the biggest violence. If we ask ourselves today why are our womenfolk forced to go and work? Is because the reality of life is… there are no more men left in the world. Now understand what I am saying, boys and males there are plenty. But men that understand responsibility there [are] very few left…We go back 20, 30 years ago, one generation back, our parents, mother[s] [were] at home, you cook and clean and look after the children. The husband would get up and go to work every morning and come back and whatever earnings came in, they lived as a family and they grew up that way.

When reading his response, it seems as though he is yearning for a society where there is a gendered division of labour that was found in a traditional Islamic society. Participants such as Usman and Ahmed however indicated that in contemporary society, this is difficult to attain. Taufeeq was reluctant to agree with this view:

What would happen… your duty demands that you actually have to intermingle with the opposite sex…So what I am saying as much as it is allowed, as a default position, your conditions and your rules…comes into play...again it is such a wide… area to cover, it becomes fairly difficult to say yay or to say nay.

Reading Abdur Rahman’s views, one cannot help but feel apprehensive. The context that Muslim women find themselves in, is one that is patriarchal. Not only did other participants suggest this, but Abdur Rahman himself also indicated this. In this situation, he seems to be clinging to an idea that seems very unlikely to materialise. Imtiaz felt that women needing to work away from or at home and contribute economically to the household while men do not play their roles, is a form of violence. To an extent, one can appreciate his view. Again, the point he and Abdur Rahman make which is that women should be confined to the household, makes one feel uncomfortable. As Bewley (1999) and Nawab (1997) indicate, Muslim women during the time of the Prophet (PBUH) took part in politics. As Shifa was an official in the Islamic government, Nusaybah took part in military duties (Nawab, 1997; Bewley, 1999). In South Africa such a view is against the Constitution.

The feeling one gets when reading Imtiaz and Abdur Razzaq’a views, is that a woman should assume a role similar to that of El Saddawi’s (1982) grandmother who only left her marital home once she passed away. El Saddawi (1982) and Akhtar and Metraux (2013) draw our attention to the painful reality that Muslim communities in Egypt and Pakistan, are not only patriarchal, but also class divided. In a country such as South Africa where Muslims are a minority, Abdur Rahman and Imtiaz’s views will in all likelihood not lead to progression. In my own MA, it was found that men do not provide for women during the Iddah period. In those instances women had to work. There is also a

135 class dynamic which means that women need to work (Suleman, 2011). Importantly, women should not be denied a right which is awarded to them Islamically, and by the Constitution of this country. The likes of Soni ( 2014a; 2014b), a South African medical doctor, are making a positive contribution to society. This is a view participants such as Abdur Rahman need to consider.

Umar, Ahmed and Usman offer more progressive views and see that there is a need for women to contribute to broader society. As Ahmed indicated, the important issue is that their husbands and they need to come to a mutual agreement about how they can make the situation work. Although these men are more receptive, the lingering notions of patriarchy have been noticed, which leads to a social understanding of why domestic violence is occurring in the Muslim community.

5.3 ISLAMIC STANCE ON DOMESTIC VIOLENCE

Abugideiri (2005), Al Asi (2012) and Baig (2015:12-14), among many others, all indicated that there is no place for domestic violence in Islam. Similarly, all of the participants indicated there there is no place for domestic violence in Islam. Abdur Rahman stated that Islam means justice:

Obviously, Islam is a religion of justice, Islam means justice. Actually, when you call Islam Deen. If you know Arabic, Deen means justice. Malik, so it means [master] ‘the day of so Justice’… so, therefore, any form of oppression/transgression will be considered Haram and impermissible in Islam.

Hence, in his opinion, domestic violence is a ‘serious transgression’. Similar to Abdur Rahman, Imtiaz says:

So our deen has not allowed for any kind of injustice. And domestic violence is a huge… injustice to the people that you have authority over in your home. So as far as Islam and Deen are concerned, it [is]… oppression, and [it is] not acceptable.

Similar to Al Asi (2012), Abugideiri (2005:1-2) and Baig (2015:12-14), participants make reference to the primary sources of Islam, the Quran and the Sunnah (life and sayings of the Prophet Muhammad (PBUH) to provide evidence to justify their views.

According to Usman:

So the Quran advocates kindness and the Quran’s explanation is given by the Prophet’s [PBUH] life, and he has said, he was once addressed by the women fraternity that came to complain to his wives that you know what, the men are ill-treating us. So the Prophet [PBUH] took an active stance, and he stood up on the pulpit to say people have been coming to my home complaining about the ill-treatment of the womenfolk in their house…these people are not doing good. They are not setting a good precedent for the others… these are not among the good people in the society, and he would advocate to his Sahabah…that the best amongst you are those who are kind towards your womenfolk. So if you go by the teachings of the religion,

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Islam unequivocally mentions that women deserve a right, they deserve their space in society, and Allah has given her that dignity and honour in the Quran and the Sunnah.

Like Usman, Riaz also refers to the Prophet Muhammad (PBUH). According to Riaz, like other married couples, he also faced marital problems, yet he never abused any of his wives.

We have got the Prophet of Allah and Sahabah comes to him and says here our wives have now become very bold against us, they are running the show, it [is] a petticoat government, what must we do now. Now, these are Arab men…they are like what the Western world refers to as barbarians because they could not be controlled. They were so strong, and you know so hard- headed, and they had their own way of doing things, and that was it. So [they] say now what must we do? Can we hit them? So the Prophet of Allah said…well okay if that [is] what you think is going to work, but…he never meant to beat them up, you know, and he qualified it by holding a Miswak (toothbrush) and saying you can use a Miswak.The next morning the woman was there… blue eyes, bleeding at the house of the Prophet of Allah [SAW]. He came out and he was angry, he said I never said you must do all of this. These are not good people who are doing this. And that [is] when they stopped, do you understand. So, unfortunately, we should keep the Quran in context right….Even if you go by that interpretation…that would suggest permissibility, in no way is it a license for abuse or in no way is it a license for any kind of inflicting of bodily harm.

He further indicates that Prophet Muhammad (PBUH) did not preach or practise domestic violence:

Never once did he advocate it, nor once did he condone it, so when you look at all of these things in…totality, the Islamic position is pretty clear, I think the Islamic position… is even beyond what modern-day democracy is trying to advocate in terms of women’s rights and… to counter abuse.

While the participants indicated that there is no place for domestic violence in Islam, they were also careful to dispute that violent behaviour was in any way condoned by the Prophet Muhammad (PBUH). However, similar to the literature, they indicated that it is a serious issue in the Muslim Community.

5.4 SERIOUSNESS OF DOMESTIC VIOLENCE IN THE MUSLIM COMMUNITY

Literature indicated that domestic violence is an issue in the Muslim community globally and locally (Nordien et al., 2003:46; Abugideiri, 2005; Hoel, 2012:187-188; Rasool, 2012:154-157). Boonzaier and Del La Rey (2003), Nordien et al. (2003) and Ngconco (cited in Johnston, 2007), representative of the NISAA Institute For Women’s Development, indicated that domestic violence is a serious issue in Muslim communities within South Africa. The majority of the participants who indicated that domestic violence in the Muslim community is a serious issue, did not dispute this. According to Umar:

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It is a very delicate situation, and it [is] very serious, to the extent we can say that it is a dangerous situation where the women find… they do not have any place to go. Like a safe haven or a safe house.

Agreeing with the presumption made at the onset of this study, while not sure about the actual prevalence of domestic violence, Ahmed and Usman indicated that it is indeed serious. In Ahmed’s view:

Even if it [is] just a few cases in terms of the extent of it, in that sense, it [is] very serious… irrespective of the number of cases because in every individual case the consequences are serious. However, in terms of it being widespread, it is difficult to say, for a number of reasons. I think some people are inclined to say that okay, it is more widespread now.

Similarly, Usman indicated:

Well, this is not only related to Muslims. Domestic violence affects everyone. It affects the rich, the poor, the educated, and uneducated…it affects the people who are married for 20 years, people who are married for a few months, people who are just settling [in]to marriage, it affects everyone across the board. So keeping that in mind, Muslims are also going through the same difficulties which other communities are going through. By and large, the ratio is the same. So there [is] a great degree of…negligence in this regard, and people need to be educated, and there needs to be more awareness that needs to be created in this regard. So statistically speaking, we do [not] have any statistics in the Muslim community per se because nobody has done that…as yet. But the issues that impact every other marriage, also impacts the Muslim home.

Usman echoed Umar’s and Ahmed’s view that domestic violence is a serious issue. Similar to other communities, it requires urgent attention. Taufeeq does not trust statistics, yet indicated that it is an issue which cannot be ignored.

Taufeeq: We rely a lot on statistics which comes out, from different areas… but we do [not] actually look at the agenda and therefore in my personal view…statistics as such should be ignored… but what is important is…the fact that there are incidents…of…violence… and of course with abuse as well and…that [is] not something which is acceptable.

Muhammed: Okay. And in South Africa, do you think it is a growing concern for the Muslim community?

Taufeeq: I think it is a growing concern… not only for the Muslim community, I think it is a growing concern for the South African[s] in general. Okay.

Unlike Taufeeq, Abdur Razaaq though does see the importance of statistics.

Abdur Razaaq: Well, according to NISA, … they say 25% of men are guilty of violence to their women in different forms. 25 to 30%.

From the above responses, religious leaders suggest that domestic violence is serious. Furthermore, they see it as serious across the Muslim community. One needs to consider what types of domestic violence occur in the Muslim community.

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5.5 TYPES OF DOMESTIC VIOLENCE APPARENT IN THE MUSLIM COMMUNITY

Domestic violence refers to physical, psychological, financial and sexual abuse experienced by one partner in the relationship (Abraham, 2005:440; Byrne and Senehi, 2012:87). While the participants largely indicated that no single form of domestic violence existed, the majority of them placed emphasis on emotional abuse. According to Usman:

One of the greatest things that women complain about is emotional abuse, which many people do [not] relate to it as a form of abuse. Like for example, name-calling, insulting in public, undermining the personality, [and] taking jibes. Many men do [not] relate to it as abuse. Like I do [not] abuse my wife, I [have] never lifted my hand on my wife. So I do [not] see myself as an abusive person… If you speak to the partner, you realise that this man has got some deep issues where he [is] not giving her the respect that [is] required, he undermines her opinion. Hitting, yes, you [will] see people will easily identify as abuse, but emotional abuse, no.

Similarly, Imtiaz states:

The most prominent is the verbal abuse…and that eventually… then leads into…physical abuse.

Similarly Ighsaan argued that emotional abuse is the most commom form of abuse that leads to physical abuse at a later stage.

According to Umar:

From day one, if not, before marriage, they are being abused. If not… verbal abuse, mental abuse… Physical abuse comes in the later stage, but all that mental abuse and… verbal abuse and all these things, it [is] a common factor. It [is] there, it [is] rife, and the thing is what women do is, which I think is a… very serious…thing, is that they keep quiet.

Abdur Rahman mentions how emotional abuse manifest itself:

Many a time the husband, they are masters of manipulation, they play…mind game[s], if the husband is having an affair, so he will tell [his] wife you are the cause. If [he is] addicted to porn, so he will tell [his] wife you are not doing these things.

The opinions of religious leaders support Abraham’s(2005) and Byrne and Senehi’s (2012) views on what constitutes emotional abuse. Emotional abuse in a domestic environment, according to these scholars, constitutes acts of insulting and threatening one’s partner. The opinions of Umar and Imtiaz, place emphasis on the views made by Tjaden (2004). Tjaden (2004) argues that acts that are not physical, but are psychological in nature, such as stalking, must be considered as violence because psychological abuse often is a precursor to physical abuse.

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Ighsaan argues that both partners practise emotional abuse.

Abuse could be like…not only physically it can be verbally as well. And it can come from either one of the partners. It can come from the husband’s side, which is predominant…and it can come from the wife’s side as well.

However, he clearly states that men are the predominant perpetrators of emotional abuse. While the participants pointed out that emotional abuse was the most predominant form of abuse, Umar and Zaheer referred to economic abuse. Economic abuse occurs whereby one partner uses the economic resources of the other partner forcefully and without their consent for example wages. The abuser also denies the victim access to economic resources such as not allowing them to go out and work and providing economic resources such as housing, to which they are entitled (Matthews, 2004; Strong and Cohen, 2014; Vetten, 2014; Postmus et al., 2018).

According to Umar:

Umar: We had a lot of cases where women were locked up by their spouses, you know, no food, no nothing. So all these things, it [is] not right, you know.

Muhammed: Locked up in the home?

Umar: Locked up in the home…keys are taken away, food is locked up in garages. Uh, so [there are] a lot of… cases that we had here.

According to Zaheer:

Zaheer: Financial abuse, definitely. Definitely, I mean if one spouse is working and the other spouse taking advantage of that.

Later on, Zaheer states:

Zaheer: Let [us] start with the financial one maybe, especially in our line where people approach us for assistance. You will see many a times unfortunately…I think there are a lot of women who are working and the men are just sitting at home… Because they are basically coming to a comfort zone. You can blame…the welfare and charity organisations to a certain extent, because what has happened we look at the woman and we look at the children, and we see them making some effort, and sometimes the husband maybe he has got some bad habits, he has got drug-related habits. So because of that…no one will want to employ him. Maybe he was employed, but he lost his job because of [a] particular reason, maybe it was theft, whether it was drug-related. So because of that the poor wife, looking at the children and she goes off to work, people employ her, and she has got two-fold; one is she has to look at the working conditions, people try to take advantage of you there.

Ighsaan also made reference to financial abuse. In his opinion it happens in wealthy homes as well:

Men take advantage of that that listen here, like for example I [will] tell you now, in more richer societies…[the man will say] I [am] providing, I [am] giving you the lifestyle, I [am] giving you the money, I [am] giving you the car, the house, the clothes, the jewellery, if you do that, I will cut you off.

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From an Islamic perspective, it is the duty of the husband to financially maintain the household (Nawab,1997; Ansari, 2006). From Umar’s responses, it can be argued that some women are denied the resources that they are entitled to, and so, they are victims of economic abuse. Certain participants gave examples of physical abuse. Shakeel gave a very gruesome example:

And technically he was no good, but she stuck with him until he died. The day, I remember seeing her face, when we did the funeral rites, the Janazah (funeral), she was sitting there and they, the kids were prompting her to cry. You lost your husband. We lost our father, they were crying. She was sitting there with a straight face. And I understood the straight face. Right, she was patient. So for her patience that is a different type of patience. It does not mean that because of the abuse that she had to leave, she had made a conscientious decision but I can tell you it was thirty two… stabbings, stab wounds. Because she literally wanted to show me and I said no it [is] okay I take your word for it.

Irshaad also provided an example of physical abuse:

I mean I heard of a case where a man beat up [his wife] because she could [not] find the lid of a bic pen…She could not find the lid of his bic pen, and she ran to the neighbour’s house where he went and grabbed her in the neighbour’s house and beat her there in front of the neighbour.

In addition to financial abuse and physical abuse, there was also evidence of sexual abuse. Abdur Razzaq made reference to this form of abuse when I asked him about how he felt about women assisting him in dealing with domestic violence.

Abdur Razaaq: No, sometimes what happens is some extreme cases, I even tell them to go and speak to my wife in the room at the side because it [is] very important that women should speak to another woman, woman to woman. What the problem is sometimes, like…where a woman is hurt, she might be bruised in some parts of her body, she can[not] open and show the man. Certain things, it [is] like…she might be very modest in speaking, you see. Like…sometimes you find that the husband is very aggressive during sex and uh sometimes he wants to have… abnormal sex through the anus and things like that…If you have a man there, men there only, she will be very shy to say you see. So you must have women as arbitrators.

Muhammed: So your wife helps you during this process?

Abdur Razzaq: Only exceptional cases. So why I bring her in is because… there was one girl that came here. She was explaining to me, then she started crying, she could not carry on. So I calmed her down and funny enough, she came with her husband. So I told her go and speak to the aunty [Abdur Razaaq’s wife], the aunty ca[n] relate to her problems. So what the problem was, was that the husband…gave his wife Talaq in anger, and thereafter, the family put pressure that this woman must be sent for Halala, right. So then she was telling me how they got her married to an old man and then she started crying. She burst out crying when [speaking] [to] my wife. This is actually her words, she says she does [not] know what this man took, you know, her private parts were almost bleeding by the time.

He makes reference to Halala, which he pointed out is a form of abuse. It was argued in the literature, that such an act is a form of rape as submission does not indicate consent (Gupta, 2018). In the above situation, one notices that both the first husband, the second husband and the family in question should

141 be charged either for rape or accomplice to rape as the response provided by Abdur Razaq does not in any way indicate consent. His words “putting pressure” clearly indicates this.

Shakeel also provided a very disturbing example of sexual abuse.

And she was diminutive, nothing more than three foot five or maybe four feet, that was her height, and she said to the Imam that the type of things that he wants, he wants to enact upon me, he even took a bottle and put it up me. Now, what do you do then?

The next section looks at sociological insights provided by the participants as to why the types of abuse they alluded to, are taking place.

5.6 REASONS FOR DOMESTIC VIOLENCE OCCURRING IN MUSLIM COMMUNITIES

Some participants indicated that domestic violence in the Muslim community is due to socio- economic issues and drifting away from Islamic norms and values. They also alluded to misinterpretation of Quranic verses, as well as the family not assisting positively. These issues highlight the importance of the family systems theory and the feminist theory.

5.6.1 Socio-economic factors influencing domestic violence in the Muslim community

In terms of socio-economic factors that influence domestic violence, two important issues came up: norms relating to race which are patriarchal in nature, and economic constraints.

5.6.1.1 Racial norms supersede Islamic norms

Irshaad referred to the specific community of which he is part. He is an Imam in an area where coloured people live. In his view, domestic violence is more serious in the coloured community compared to other areas.

Look having dealt specifically for the last three and a half years with the coloured community, the Malay community, I can[not] say first-hand experience, with regards to the other ethnic groups’ right, from my community’s point of view that I can tell you… But from what I have heard from the other Ulema and other people, I do [not] think it is as bad, like for instance the Indian community.

While Taufeeq agreed it is a serious problem in the Muslim community, he gave a similar view to Irshaad as they work in similar communities.

I have been many many years…in the so-called coloured community as well… And the reason why I am bringing this up is, there used to be a saying, “is jy n man?” (are you a man). Okay, now that kind of psyche creates certain kind[s] of reaction within people… As ek ‘n man is ‘n vrou sal my nie vertel nie (I am a man and a lady will not tell me what to do). 142

Irshaad indicated that it is not as serious in the Indian community. However, Abdur Razaaq disagreed with this view:

Especially like for instance look [in] that Indian community or any community generally, men… by culture, they want to be violent… because they feel they have the upper hand, and why they do that, you will find sometimes because of pressure from family.

Both Abdur Razaaq and Irshaad indicated the importance of culture. In this regard, Usman made an important point:

Culture is different and religion is different and you must always remember that. The religion does [not] endorse that, the religion does not condone violence. It [is] the culture that perhaps breeds violence in their own…structures.

In addition to problematic social norms, some participants also alluded to financial impediments as a cause of domestic violence.

5.6.1.2 Financial impediments lead to the occurrence of domestic violence

Umar referred to another demographic factor, the socio-economic status of women, which makes them susceptible to violence. Two important subthemes emerged here. Firstly, men who are under financial strain are more likely to be abusive. Secondly, women’s dependence on their husbands results in their remaining in abusive relationships.

5.6.1.2.1 Men lacking economic resources resort to abusing wives

Socio-economic conditions in which some Muslims find themselves were raised by some of the participants as a possible cause for domestic violence. According to Ighsaan:

If you go to Newclare now, you see the state of those flats, the graffiti on the wall, the high grass, the unkept pavements, if you had to come to Newclare in the early ‘90s, you would have seen those flats in exactly the same condition. And it [is] now 27 years later, and it [is] the same, and it [is] a vicious cycle, and nobody [is] getting out. And whoever really gets onto their feet, the first thing they do is they move out. Because they do [not] want to be in that social environment, because the environment itself was not conducive for progress. Now we need to work on serious plans, how we [are] going to progress, and not regress all the time.

It is possible that such conditions lead to domestic violence. Taufeeq alluded to this:

Whether it is financial strain, whether it is business strain, whether it is social strain… that now comes in and it sparks off. It just needs a very small incident to spark off a type of violence, right.

Abdur Razzaq indicated that while domestic violence occurs amongst people who come from different socio-economic backgrounds, it is more likely to occur amongst those who are under financial strain.

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Abdur Razaaq: I have got faces from all walks of life… Sometimes you find women come here and they are driving the first-class Mercedes Benz. [I asked them] what is your problem… my husband he is having an affair. So what happens is you find sometimes they have more money and then you have got more leisure time and more leisure activities… You can afford, women I think. But you find the poor also, [it] is also there, they can also have problems. But it does not mean to say, it is not confined…But I would say I have more problems but not from the very poor.

Muhammed: In terms of the poor, what would you say, what leads to them… [intervened]

Abdur Razaaq: Becoming violent?.... men sometimes they are not earning enough, economics… And the second reason could be…because he is not educated… He is uncouth and…not sort of cultured in a proper way; he thinks that every time..he must be obeyed and that he can shout and scream at every turn..

Taufeeq indicted that when women are earning a wage, men see it as a threat:

I am just doing it from observation, that you find more…females becoming professionals than males and…through that you obviously…become less dependent on the socio-economic factor right… As much as that has got its own good, it [has] got it's bad as well. On the good it gives them independence but on the bad side it does not at times… help and assist in the development of the family unit…The value system of a Muslim is that a husband provides, okay.

Riaz makes reference to the socio-economic status of both husband and wife:

We [have] heard of cases where what we will call maybe a poorer girl getting married into a richer family. And then they will make her hear for her whole life that we have got this…we gave you this…the jewellery you [have] got and we gave you a life. And sometimes the other way around. We have a little poorer boy gets married into a richer family.

The above results show that one cannot ignore either the family systems theory or the feminist theory. The family systems theorists such as Goode (1971), O’Brian (1971) and Gelles (1976) point out that lack of resources and status inconsistency influence domestic violence. Men who come from a background whereby they cannot adhere to culturally ascribed norms, are more likely to abuse their partners. Religious leaders have pointed to these issues. At the same time, evidence of the feminist theory is present. Men become frustrated when they cannot fulfil the norms of economically maintaining the household. The question that needs to be asked in this case is who decides that it is only men who should perform this role to the extent that they become frustrated, which leads to them becoming violent? Dobash and Dobash (1979) indicate throughout history, women were always under the guardianship of men. In centuries past, many women internalised the view that their roles were that of housewives and they were inferior to men. In the 19th century, it was the State that regulated the economy. The State indicated that women should stay at home and men should maintain the household (Dobash and Dobash, 1979).

From the responses of the participants, it seems that they are suggesting that women find themselves being victims of abuse because of patriarchy. The reason why it is patriarchal is because when

144 discussing emotional abuse, Umar indicates “it’s rife, and the thing is what women do is, which I think is a very….serious…thing, is that they keep quiet, silence”. Why will women remain silent? Dobash and Dobash (1979) argue that in a patriarchal society, women are subordinates. According to certain participants some of them are silent and they are denied economic resources that they are entitled to. Dangor (Personal Interview, December 2014, September, 2019) indicates that within the Muslim community in South Africa, when some women express their views, they are not perceived positively.

Taufeeq speaks in Afrikaans stating that in the coloured community there is a saying which has clear patriarchal connotations because it translates to women not being able to tell a man anything. One then notices the importance of the work done by the likes of Anderson (1997), who argues that the work done by both the feminist and the family systems theorists must be seen as complementary. Anderson (1997) argues that a lack of resources can imply to men using masculinity to assert their power in relationships. It seems to be the case here where financial strain leads to men abusing their wives.

This also validates the point made by Bograd (1999) and George and Stith (2014). These authors point out that women’s experiences of patriarchy are not the same; they are determined by issues such as class, race, religion and gender. Abdur Razaaq, Irshaad and Taufeeq referred to domestic violence in the coloured and Indian communities. They also referred to class. While this research does not place serious emphasis on race, one cannot ignore the point that culture related to race influences male dominance as the participants make reference to this. Samanthroy (2010) uses the Indian culture to explain how women are viewed as inferior to men. For example, women in India have no right to inheritance, they are seen as inferior to male children in the family, and they experience violence at the hands of their husbands because of patriarchal norms. It is possible that some of these norms are still presently prevalent within Indian Muslim communities.

In another sense, being part of a lower economic position influences how men feel the need to reassert their dominant position in society. Patriarchy is present in these different instances. However, the different ways it manifests itself in different contexts must be acknowledged. It is not only the economic status of men that causes abuse, but sometimes the economic status of women is taken advantage of by men.

5.6.1.2.2 Economic dependence sometimes means ‘she will stay’

According to some participants, one of the reasons why domestic violence seems to occur is because women depend on men economically.

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According to Umar:

They are stuck into [a] marriage wherein they need to fend for themselves also, and what we found out in our experiences with dealing with women is that none of the women, or we would say like 70, 80% of the women are uneducated, and it is for this reason that they do [not] have any … resources. [They do not] have any background, they do [not] have any education to fall back onto as to when the marriage turns sour, and with the abuse…you [will] find that in our experiences that women are being abused from day one. From day one, if not, before marriage, they are being abused.

According to Usman:

Okay, I have to tolerate his abuse because I do [not] have anyone else to look after me, I can[not] become a parasite and a burden to my parents. So I [will] just bear the brunt, as long as my financial burdens are taken care of, number one. Number two…it [is] not the best of situations to live in, but at least my kids have a home. I can[not] fend for them; I can[not] even look after myself. So there [is] a lot of insecurities that surround a woman, which then pushes her to become the victim in the case, and she accepts it, which is wrong.

Similarly, Ighsaan states:

Yes, the financial implication is a big thing because now what happens is she [is] a lady, maybe she [has] got two, three, four kids, she does [not] work, and she does [not] have the qualifications. She has been living with her husband, and he [has] been providing her a good life. He [is] providing her a good life and she is a mother now, she [is] going to first think of [her] children. If I leave now what [is] going to happen to my children? Is he going to take my children? Is he going to stop any aid or cut off from me and my children? And what [is] going to happen to us? Where are we going to live? These are all serious things that…will be… keeping her away from looking for any solution.

Umar also agrees with the view that:

It [is] always a financial predicament that they [are] in. Because why, it [is] a matter of who [is] going to help them, where are they going to get support?... So what they do is that [they] keep quiet hoping that things will get better…with a fear of all these things in mind.

Agreeing with Umar, Irshaad stated:

And at least I have got a man, and I have got some stability, I have got my house, I have got a car, I have got money… and my kids are looked after, you know.

Abdur Razaaq stated in addition to one’s financial situation, cultural impediments tied to socio- economic status play an important role in women remaining in abusive relationships.

But she feels that she wants to, she has got the children…she must fend for them and educate them, they will go to university, what [is] going to happen to my children? Who is going to look after them, my father is old, my father cannot afford it, but if I go to my brother then in one month, then [my] sister-in-law’s will pick up a fight.

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Similar to Pakistan, which is a country with predominant Muslims, women are economically dependent on their husbands, and they are worried about how they will sustain themselves and their children economically (Rabbani et al., 2008; Akthtar and Metraux, 2013). Al Hibri (1982) indicated that women who come from a lower-class background in the Arab peninsula, are less likely to ask for a divorce than those who come from an upper-class background. In Saudi Arabia, should they ask for a divorce, there is a possibility that they might lose custody of their children to their husbands (Cassim, 2013). Economic dependence, therefore, plays a role. However, economic dependence cannot be divorced from patriarchy. As Abdur Razzaq indicated, women who are economically independent also remain in abusive relationships. Literature has shown that women are afraid about how they would be viewed by immediate networks and broader society (Faizi, 2001; Suleman, 2011; Rasool, 2012). Abdur Razaaq’s view on a woman being a burden to her brother and sister-in-law resonates with the quote of a divorcee who commented on Khan’s (2013) blog, which deals with domestic violence in the South African Muslim community. This participant stated her parents and children viewed her as an embarrassment and she became a burden to her siblings.

Islamic feminist scholars indicate that these economic inequalities cannot be ignored. For example, Sadiqi (2010) indicated that in Morocco, women who lack education are more likely to be victims of domestic violence. This is supported by Abdur Razaq’s views:

Sometimes you see what is happening in the 1930s and 40s, our grandparents and great grandparents, that society was such, it was…communal… [when a woman] got married, she came in [and lived with her husband’s family]. Women were not so educated. Not so smart and clever, they came to a former generation where they felt that the husband is right. Now as time went on, coming to the 60s and the 70s and especially the 80s, you will find that the girls they went to university, they have got their own degrees, they have got economic freedom, and at the same time…they can think for themselves and they know what Islam is. They know Islam says that the man is no more the boss of the house, there is equality in Islam. And, and she is not scared to, to have a stigma to say she walked out of the husband. Our grandparents. Our grandmothers were very scared. Today’s woman, they [are] not scared to say that you can go to hell, I have got my degree I can fend for myself.

Patriarchy is present in these different instances. However, in the different ways in which it manifests itself, different contexts must be acknowledged.

5.6.2 Drifting away from Islamic norms and beliefs

Certain participants indicated, that while domestic violence is due to patriarchy and socio-economic factors, deviating from Islamic norms and beliefs were also seen as a contributing to domestic violence.

Abdur Rahman: Islamic law is black and white and plus addressing the conscience of the person and that is our Imaan (faith), our fear of Almighty Allah, we were all being raised that we believe 147

in the unseen and that element is missing nowadays. So, therefore, you will find an increase of this that is spiralling out of control.

In referring to the unseen, he is referring to the Almighty, who Muslims believe is watching over them. They will be answerable to him in the afterlife, which will determine whether they will go to heaven or hell in the afterlife. Three important subthemes emerge here. One relating to partners’ respect for one another, how they are socialised as children, and the interpretation of verse 4:34 of the Quran.

5.6.2.1 Respect for each other

Some of the participants seem to argue that in not adhering to Islamic norms, husbands and wives are not respecting one another.

According to Imtiaz:

Deen and Islam does not allow that. Even if she has addressed you incorrectly as a husband you need to look at [and ask] why is this coming my way today? and this is where we all falter. When somebody does something to us, we are very quick to respond… in a more abrupt way but very little do we look at our actions… Shariah taught us that you will be ruled based on your actions… Based on our Amaal (actions of an individual), that is the kind of rule Allah will put on us. So in the very same way, whilst you may be the man of the house, if you are getting this kind of attitude and ill-discipline from your partner, there is something that you are lacking as a man in your connection with your Creator. If you fix the relationship between yourself and your Creator, then the heart of your wife lies in the hands of your Creator, he will fix that part of it. You do not have to do anything.

Riaz also gave a similar opinion. He argued that in contemporary society, women and men are not acting in accordance with Islamic norms:

But when we become irreligious in our desires, in our ways, in our actions we break the commands of Ulema, then sometimes it’s not just limited to Salaah (Prayers obligatory to Muslims) only… and when respect goes we do [not] see how we speak to the wife. The wife [does not] see how she speaks to her husband; you become loose [coughing] by using bad language. You lose respect for a person, afterwards. If it [is] a person outside you just ignore that person. But if it [is] in your home you can[not] ignore them, you have to live with them. Then it grows into spite; they will do everything to spite each other…my husband wants it this way, just to spite him or to irritate him I [will] do it this way. My wife wants it this way; I insist it must be the other way…. [coughing] I think it [is] a sickness [coughing] in the Muslim community that we know of probably everywhere.

Abdur Razaaq seems to agree with Riaz.

Muhammed: And what is your opinion about this movement that is coming up. You know the feminist movement and…?

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Abdur Raaaq: I find that they are gone, some of them are gone to the opposite extreme… you have got to be balanced….You see in life it is not men versus women, that attitude is completely wrong. You have got to live in harmony and you see if you look at for instance what ….Allah [says] in the Quran, men and woman are like a garment to each other… That is Chapter 2, verse 187…. So why has Allah described the relationship between men and woman as a garment? Because question number 1, what is the closest thing to you, is it your garment?…What covers your, your shame, is your garment?… What gives you beauty, is your garment? What protects you against the weather?… Your garment will cover you. So that is how a man and a woman are supposed to be towards each other. They are supposed to be the closest thing, give you respect, give you beauty, cover your shame, protect you. These are all the functions [that] Islam wants between husband and wife. But now the younger girls are learning all those things and they are being educated, some of them have gone to university and they read all this literature that is easily acceptable. Either in the form of books and magazines … They are talking about respect for women and women’s rights.. all these things are having an effect…And the men cannot tolerate it and they cannot cope.

The Quran indicates that marital partners are “garments for you and you are garments for them” (Quran, 2:187 cited in Hassan, 1988:120). Similar to how a garment is used to protect a person and beautify a person, both partners need to protect each other and bring happiness to each other. The opinions of the participants indicate that perpetrators, which are mostly men, are not adhering to this fundamental principle of an Islamic marriage. This brings into question how children are socialised.

5.6.2.2 Socialising children in preparation for marriage: focus is more on women

Certain participants’ views on the way men and women are socialised at a young age, plays an important role in how they behave as husband and wife.

According to Amir:

We get our daughters ready for marriage… in the kitchen… You must learn how to make Roti, and you must learn how to make this because how are you going to cook for your husband? So we [are] getting them ready for marriage in the sense of serving the husband. That [is] number one. How much more are we teaching them [about] life in general? Number two, how many of us are even bothering to give our sons any advice on what is expected of him in the marriage. Understand, the girls may be told…you [must] be nice with your in-laws and listen to your husband, but the boy, we do [not] train. We [are] training our daughters how to be good wives; we do [not] train our sons how to be good husbands.

Amir makes reference to how boys are brought up:

The laaitie (slang word referring to the young boys) is spoilt in his mother’s house, and then he gets married and he just expects [everything to be done for him]. Number two, you see, there was a time… I remember my own life. If my father walked into the house now at this time of the day like this with the sun shining brightly and he says it [is] raining beautifully all over, I say Gee Papa (Yes father), and it [is] raining beautifully [chuckles]. You understand, no one had the courage to say what you are seeing now. Today, [how] the laaitie speaks to his mother, you [will] be shocked. He comes here, did [I not] tell you to iron my trouser here… His mother is ooh sorry… you want the black jeans, boy. Now that [is] how he [has] grown up. He comes

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here and speaks to his wife the same way because if he did [not] have respect for his mother, how is he going to respect his wife? So understand I think that…it is not about after when the problems are here, that the Moulana (Religious leader) is supposed to come and fix it up now.

When reading Abdur Razaaq’s view’s, it seems that this is the reason why some families do not support women.

Abdur Razaaq: You see there is dictatorship because they have the dictatorship in their house, I am not going to tell my sister you know what, you are the boss, because I am not doing that in my own house. So this thing is a cultural thing that is goin [on].

Shakeel gives a similar response:

Society has painted a perception of the male is the ultimate God. And in respect of the absence of that, they would find themselves that suddenly…they go against society norms and it blows up in their faces because society would attack you, right, and how does society attack you? By not assisting you or supporting you. [These women who went against societal norms would think] I was stupid, now even have my own family and my own friends [are] against me, but they are just singing the same tune of oppression that is not endorsed by the Quran ...[inaudible].

Shakeel gives an example of how his own great-grandmother had to endure hardship under his great- grandfather.

My great grand-mother, my mother told me about how she suffered under my great-grandfather. Yet he was a great man and we talk about him and we cannot… praise him enough, but then we look at how he treated her,… treatment does [not] necessarily mean physical violence. But he restricted her…she dare not even do this and do that.

When children grow up in a home where they see their parents abuse one another, they are more likely to abuse their own partners. According to Imtiaz:

All that is happening in society is these children are growing up in a home where domestic violence is the call of the day. The youngster that is growing up in that home, he grows up with that and twenty years later when he gets married, that’s all he knows.

The above results bring up important points. What is clear from the views of religious leaders is that some Muslim families are practising a hybridised version of Islam. This is apparent in terms of how children are socialised. More emphasis seems to be placed on girls compared to boys. Moreover, it is important to consider Amir’s view on how girls are socialised. In his view, they are socialised in terms of “serving” their husbands. Traditionally, the role of the wife is to look after the affairs of the household, not to be a servant to her husband (Nawab, 1997). Yet Amir indicated that the women are trained to become servants. Athar (1988) indicated that women are allowed to work outside the home if they want to. Bewley (1999) gave historical examples of this.

Men are not taught how to treat their wives. This environment creates a platform for men to assume gender dominance. As much as Amir points this out, elements of patriarchy are evident in his 150 responses when he reflects on how children were socialised in previous generations where you were not supposed to question your father. This goes against the Islamic principle of consultation (Ansari, 2006). One can, therefore, understand Riaz’s view when he says we are living in a society where couples purposefully look to upset each other. The data suggests that intimate terrorism is mainly practised by men who use abusive behaviour to control their wives. Violent resistance is practised by women as a response to intimate terrorism (Johnson, 2011). It is possible the abusive behaviour on the part of women that Riaz suggests, is a form of violence resistance as she is now acting antagonistically towards her husband, to previous intimate terrorism that existed in the past, and continues to exist with certain sectors of the Muslim community (Johnson, 2011).

The point made by family systems theorists with a social exchange lens is critical. If men find themselves in an environment where they will not be sanctioned or suffer any costs, then they are likely to continue the abuse (Gelles, 1985; Hill, 1992). In the first instance, it is worrying that women are being socialised according to patriarchal norms. It became even more stressful for me when I considered Amir’s view on how a husband’s education regarding marriage, is sometimes ignored by his family. In this sense, again, the importance of the family systems theory and the feminist theory intersecting with each other, is evident. It is very likely that it is the patriarchal norms of a society that allow an abusive man to act with impunity because he knows he will not be sanctioned. The discussion on socialisation allows one to understand how verse 4:34 is interpreted by men in the eyes of the participants.

5.6.2.3 Verse 4:34: No, to domestic violence

The interpretation of verse 4:34 of the Quran always appears in the discussion of domestic violence in the Islamic context. The literature indicated that this verse is where men deal with this issue of transgression on the part of the wife. They stated that the verse does not sanction domestic violence. Participants were asked about their opinion on verse 4:34. However, they argued that there have been different views on what the Arabic word Daraba means. Some scholars are of the view that Daraba means ‘to hit’, while others indicate that it has different linguistic meanings. In the context of the marital relationship, it does not mean hit, as the Prophet (PBUH) did not hit any of his wives (Mubaruk, 2004; Al Asi, 2012). Two important subthemes emerged from the discussion. The first theme covers religious leaders’ views on whether this verse sanctions hitting. The second subtheme considers the participants’ views on whether abusive men use this theme to justify abusing their wives.

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5.6.2.3.1 The issue of hitting

Some participants indicated that the word Daraba in verse 4:34 of the Quran does not mean hitting. While others suggested that it indicates light beating. According to Abdur Razaaq:

It has got several meanings… So I say in my opinion that word Daraba does not mean strike. And it does not refer to the day-to-day affairs between the husband and wife because that gets covered in Chapter 4 verse 35 by the word ‘shiqaq,’ where Allah says you have got to solve your day-to-day problems by way of arbitration.

He also questions the rationale behind the interpretation of those who say Daraba refers to ‘hit’.

I have a question, you admonished her, she didn [not] listen, you left her bed, she did [not] listen…No[w] you think you will touch her with a [Miswak] she is going to listen? Does it make any [sense]?…To me that word Daraba means to pressurise. Put pressure on her.

Taufeeq also indicates that the word Daraba has different meanings.

Here it should not harm. Number one, number two you cannot strike the face, you cannot leave marks…if Daraba has got so many different meanings. Lets for a minute switch over to the …English language and go to “beat”…how many interpretations or definitions do we get for beat?

He argues that even if it means hit, it cannot mean it is justification. He cites the view of a prominent scholar Eskhalani, who stated that the meaning of beat is the most disliked.

Similar to … Talaq…., it [is] allowed, but it is the most disliked action… This is effectively what I am saying, it is the end, the last resort. Right, if it is the last resort, in order to obtain…good, can it be regarded as domestic violence… It cannot… In my mind it cannot… So irrespective, I am not committing myself to either one of the two,… irrespective of whether you take it as leave or separate, or if you take it as beat[ing].

Others however indicated that it means light beating. Zaheer states:

Admonish them first…the second step is…you refuse to share beds. That is where you are talking of them on a serious [note], when they did something serious, [For example] sleeping around or something, that is something serious.

When referring to the word Daraba, he indicates that it refers to a light beating:

The third thing… if you look at what people want in the normal literal translations, they say… beat them lightly if it is useful… Beat them lightly meaning, in no way must you use the whip or anything.

Similar to Imtiaz, Usman says that domestic violence has no place in Islam. One needs to consider the context of the verse and that the Prophet (PBUH) never abused any of his wives.

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He said the best amongst you are those who are kind towards their womenfolk. The fourth thing he said is that…it does not befit a husband to lift his hands on his womanfolk. [He forbid a person who] hits her [his wife] during the course of the day… and then at night, he calls her to share the bed. He said it does not befit a husband to do so.

Like Imtiaz, he indicates that this Daraba refers to a light beating:

Hitting does [not] mean where you physically hit or abuse a woman. In those days, women were extremely bashful… but the Shariah has clearly explained the term… that any form of beating that leaves any mark or imprint, it [is] not permitted, it [is] Haram. Not just women, anyone for that matter. So what…the verse is saying [is] if the husband cautions a woman, let [us] say he takes a scarf and he gently flanks her or just gently…whips her to say let [us] try and sort out our matter, and in those days, a woman would be cautioned by just that much. So keeping the culture in mind, the Prophet of Allah Sallallahu ‘Alaihi wa Sallam (PBUH) said at times, if you need to caution her, then that’s the most you can do but you can never lift your hands. As I said to you, the Quran’s explanation is the life of the Prophet (PBUH), and we have to take our cue by that.

From the participants’ opinions, one sees an agreement with literature. Some of them pointed out that one needs to look at the multiple linguistic meanings of the word Daraba. Abdur Razaaq was adamant that it does not mean hit. His view is in agreement with that of Bhaktiar (cited in Musaji, 2007), who indicated that there is no rational justification of the word. The Prophet Muhammad (PBUH) never raised his hands to any of his wives. Taufeeq also indicated that there are different meanings to the word. Similar to the explanation provided from the likes of Usman and Ighsaan, he says that even if one is to accept the meaning of the word Daraba as a light beating, it does not mean it should cause pain. They used the social context of Arabia where society was bashful so to speak, so the Prophet (PBUH) advised them to express their unhappiness bashfully by using a twig or handkerchief whereby they culturally express their unhappiness without hitting their wives. This is similar to Karrim’s (2007) explanation, where he sights the example of Prophet Job (PBUH) who made a vow to hit his wife when she denounced her faith. God then instructed him to use grass to “hit her”. From the participant’s point of view, the hidden message is that a husband should not hit his wife. However, they themselves in earlier themes indicated that women find themselves in patriarchal contexts. The point of Mubaruk (2004) comes to the fore. Mubaruk (2004) indicated if patriarchal norms were entrenched in a society, men are unlikely to use a light beating. Usman and Riaz indicated that even the Prophet (PBUH) had to chastise men who misused this verse, which in Mubaruk’s (2004) view, was patriarchal. This point is probed more in the next theme which looks at whether men use this verse to deliberately beat their wives.

5.6.2.3.2 Lack of Islamic education or deliberate misinterpretation of Chapter 4:34

Some of the participants indicated that men use this verse to abuse their wives.

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Umar indicates that men use this verse to justify abusing their wives:

In all the cases we handled, the arrogance and the ignorance of men were that they would always quote the verse and [indicated] “I [have] got the right to do that”. Our thing is when we counsel and when we listen, our advice will always be you are not learned in that. You need to sit with somebody, a learned person that can explain to you everything in all the verses and [can] give you the commentary on that. The translation, yes, it is like that, but at the end of the day, it was not … the practice of the Sunnah.

Similarly, Shakeel stated:

When we say interpretation, it is not about this one or that one, the, Quran has got such a limited capacity in terms of revelation that it brings to the table. But yet in terms of its universal appeal, it can address everybody’s needs. So you find that here suddenly the men have made the Quran the divine scripture of certain identities… and woman are…secondary citizens to that Quran. Yet the laws are applying to everybody. But we find that men would selectively pass on certain rules and injunctions.

Referring to this specific verse, he stated:

Men would… refer to the latter part of the obedience of the wife, but they would never refer to the introduction that men are maintainers. And women are only supposed to be… obedient and subjected to their authority if the authority is being established. Allah clearly… says that you had no reason whatsoever to disobey me, because I have fulfilled my covenant to you. I have given you anything and everything you know when I moved away, everything is in perfect harmony, you decide to maintain it, or you decide to destroy it….So ultimately I have given you directives and given you the ability, the means in how to do things. So you decide what you want to do… So you menfolk are literally fulfilling that role of being the caregiver and fulfil it in the way where those who are receiving it, feel that they are being looked after and justified .

Abdur Rahman gave a similar opinion:

Now today’s Muslim man, they have distorted the meaning of Amir and [replaced it with being] a dictator.

Abdur Razaaq agreed with Umar and Shakeel. He uses the example of the Prophet (PBUH) who did not hit any of his wives. Despite this, he says men take advantage of this verse:

They say ‘do not strike a woman like an animal, daytime and take up the bed in the night.’.. there is no evidence that he did beat any of his wives …But men usually what they do, they take advantage because of this particular verse.

However, Ighsaan feels that husbands engage in this behaviour because of lack of Islamic knowledge:

In South Africa not as much because of South Africa[n] [Muslims’] ignorance and South Africans… they do not understand the Arabic language and they do [not] have the knowledge of their own Deen, their own religion. The cases of domestic violence are more coming from a violent background… Not because of any religious affiliation….or anything to do with

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religion for that matter… But in these countries, like for example Afghanistan you will see women being hit and they think it [is] a religious thing, and it [is] not.

He also says in countries such as Saudi Arabia and Morocco, men misinterpret this verse to justify abusing. Similarly, Riaz makes reference to education:

I think there [is] three scenarios, right?... In the modern Islamic world, Western world that we [will] call it, right? South Africa, USA, Australia the general Muslim might read the Quran without even understanding anything. So, there are many Muslims, maybe 80% or 70%...Who will live their life by instinct, they [will] do whatever they do, only after [that] they [will] realise what they did was…permissible or not permissible… Then you got that group who have understood [the] Quran correctly. Whether they are practising it or not, is a different issue, right?

Ighsaan and Riaz indicated that in South Africa, there is a lack of understanding of the verse. However, agreeing with the likes of Al Khateeb (n.d.), Umar uses his own experience to state that there are men who use this verse to justify abusing their wives. The themes preceding this theme adds strength to the point made by Mubaruk (2004). Mubaruk (2004) indicates that when there is a culture of patriarchy, men will abuse this verse. Within the South African Muslim community, the participants indicated that there is a patriarchal culture that exists. In this patriarchal context one finds that women remain in abusive relationships because of the fear of stigma.

5.6.3 Fear of stigma

Literature shows that despite women being victims of abuse, they remain in abusive relationships. Some of the reasons provided were stigma attached to being a divorced woman, and the role of the family (Rabbani et al., 2008; Suleman, 2011; Radio Islam, 2014). Family members worry about how their status within the broader society will be affected. They also adopt a patriarchal stance whereby they view marital discord as a private matter (Faizi, 2001; Johnston, 2007; Rasool-Bessadien and Hotchfield, 2005; Rasool, 2012). Abdur Razaaq, pointed out that stigma plays a significant role in women remaining in abusive relationships.

Abdur Razaaq: And it's a problem when a woman is staying on her own… even she asks somebody for a lift they watch out [if] she is single, you know she is away from her husband. So there is a lot of stigma attached.

Abdur Razaaq gives the impression that her character would be questioned if she were to be alone or ask for a lift. Irshaad also indicates that women remain in abusive relationships because of stigma.

So that [is] the fear, so now how do I get married, I have got three kids, I [will not] be able to get married again. And be lonely for the rest of my life, so rather I stick it out and try and appease this monster,… tame him a little bit and see what I can do.

Similarly Ighsaan indicated that stigma plays a role in women remaining in abusive relationships.

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She [will not] speak out because she [will] take it that listen here, this is my marriage. If somebody knows something bad…it will be a bad reflection on me… she will try to protect what is hers, even if that same thing that [is] her’s is killing her. And now the problem is also that ignorance. .. that ignorance plays a big role…That is the thing that listen here, they [are] going to think I could [not] keep my own husband… that is why they will rather keep quiet.

According to Riaz:

We need to break that type of stigma…that we spoke about. I think you know if it means….calling the parents, and as a parent if you know your daughter is being beaten, take her away…. tell [him], look whatever the issue is, if you [are] not happy [then] send our daughter home. But do [not] torture her there. Not emotionally, not mentally, not physically, it [is] not acceptable.

Internationally, Muslim women have been stigmatized for leaving relationships in first-world countries such as America as well as in third-world countries like Egypt and Pakistan (Faizi, 2001; Abugideiri, 2005; Rabbami et al., 2008). In my MA study, a woman was repeatedly assaulted by her husband. She remained in the relationship until her husband told her that their children were not important to him anymore. When she decided to initiate a divorce, her uncle told her that society viewed divorced women differently (Suleman, 2011). Nordien et al. (2001) as well as a blog by Khan (2013) that deals with the issue of domestic violence, indicated that divorced women, even after suffering abuse, are stigmatized by family.

Not all participants agreed with this view. According to Taufeeq:

For whatever reason the parents simply encourage her [to] leave him and come back… this is an affluent family… [she was] married twice, [and in] both instances the parents said you do [not] need him, you have got a house. So the idea of stigma in today’s age is not there, it is not as predominant as it was before.

The family systems theory is useful here, particularly the social exchange theory. From the participants’ responses, it can be argued that if men know women are likely to remain because of stigma, they are more likely to abuse women (Gelles, 1985). This cannot be divorced from patriarchy because again a woman’s identity seems to be linked to her husband (Dobash and Dobash, 1979; Chang, 1996). This is why she refuses to leave. Men take advantage of this because norms indicate implicitly that women should remain in an abusive relationship because of stigma.

Thus far the discussion has looked at reasons for domestic violence occurring in the muslim community, according to the participants. Patriarchy was consistently flowing throughout the discussion. However, while domestic violence is predominantly practised by men, some of the participants alluded to women engaging in domestic violence towards women.

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5.7 ABUSE IS NOT A ONE-WAY STREET

The classical feminist theory suggests that men predominantly abuse women in a patriarchal setting. Some classical family systems theorists such as Steinmetz (1978), indicate otherwise. Irshaad gave a similar opinion whereby he stated there are times where women are perpetrators:

We had stories… [laughing] of a woman [finding] [out] that her husband cheated on her so she waited for him to fall asleep and she poured boiling water on his face in revenge… So that [is] serious, that [is] very serious. Another woman found her husband cheating so she cut his private part off and threw it out the window while he was asleep. So you get these kinds of rough cases.

Other participants indicated that women are more likely to engage in financial and emotional abuse.

5.7.1 Financial abuse on the part of women

Amir gives an example of a case of the marital conflict he dealt with while the Football World Cup took place in South Africa in 2010.

I knew one particular woman that I dealt with, myself personally [in] 2010… And she was like, listen all my friends are going for these games, we need to [go] and this guy is working in someone’s shop, he [is] a salesman… He [is] earning a little bit. He [has] got to pay the rent, he [has] got to pay the lights and water, he [has] got to pay the maid, he [has] got to buy the groceries, understand?...football tickets were not cheap… And he went for one game and then she insisted, the quarter-final, we must go… My friends are all going, and you know, my cousin [is] going and my sister-in-law phoned, they also got tickets. And this guy was trying, but you know what? The cheapest tickets were [expensive] and at that time of the month he just, he did [not] have [the money to purchase them].

He further elaborates on this example:

Amir: [Clears throat]… he kept telling her, I [am] making a plan, I [am] making a plan. Embarrassment, understand?... The guy could [not] afford it. He did [not] want to borrow, you know? And… Saturday came… She said did you get the tickets? And he said no… she phoned her brother straight away, [bangs table]. Come and fetch me.

It was at this point that Amir was contacted:

This guy was traumatised, he phoned me, Maulana, I do [not] know how to handle this! Her, her family [is] just packing her bags… I [am] doing nothing, I, I [am] trying to see! Please man,… I love you…Football tickets man, one game, you can see it on TV! But this was [a] reason [slapping noise] for divorce for her.

This is a clear example of financial abuse because as Postmus et al. (2018:2) indicate, an abusive partner will look to control the finances of their partner. In this instance, it is clear that the partner is trying to control her husband by threatening him with divorce. Shakeel gave a similar view to Amir:

Socio-economic circumstances definitely play a role, right? When we want to live up to the Joneses and we cannot do that, then eventually frustration sets in. When I look at my siblings,

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and the one is more successful than the other, then eventually it sets in, right? And so when we look at education as well, that also plays a role. When we look at the current … society of the new South Africa, it is a marriage between every citizen, but because their aspirations are so high and so great, that eventually you would fight even someone that gives you a good benefit.

Like the previous participants, Imtiaz also shares his view on how women are perpetrators of economic of abuse.

Well, we find that somewhere along the line women have this understanding and… you never found this kind of understanding in the older generation, that where they demanded a certain amount of finance in terms of their expenses, they demanded that a husband must take care. They must provide the food; you must do everything. Even if the husband does the shopping that was fine, as long as there was food on the table but now what we are finding is, women feel that they have this right over the husband and he has to provide for them according to the standards that they have in their minds and those standards that they have in their minds is what is set by what their friends have and what society has. So if the neigh[bour] next door has a lounge [suit] that is worth R20 000.00 or R30 000.00, then the wife expects that I must also have a lounge [suit] which is about R30 000.00. Now with that kind of ideology and understanding in her head, we are finding that she would go out and buy whatever it would be to try and decorate that lounge and her point would be that it is part of your responsibility to fend for me and to care for me and my standard is I want my lounge to look like this so I have a right to it. And that is where the wastage…comes in.

While Imitiaz’s view indicates evidence of abuse on the part of the wife, similar to how he viewed the roles earlier, again he inadvertently is advocating a point where women should have a limited amount of say in the financial running of the house.

In the earlier part of the interview, Amir stated:

Amir: I [am] seeing… female patients [for] drug or substance abuse…abusers who are actually, …the perpetrators of…abuse and violence in their marriages or in their…homes against their parents, etc… Obviously… this is… drug-induced psychosis…irrationality brought about by chemical abuse, you know…You [are] not in your right state of mind, you are obviously high and you, [phone vibrates] do things because many of them would cringe at the thought of what they had done when they are sober.

In this case, one can argue that substance abuse was the cause of the victim being abused by his partner. This is in agreement with classical family systems theorists and contemporary feminist theorists who indicate that substance abuse, amongst other factors, must be considered (Steinmetz, 1978; McPhail et al., 2007). At the same time though, all the examples challenge the feminist theory on patriarchy causing domestic violence as economic abuse. Postmus et al. (2018:2) indicate that economic abuse occurs when one person tries to control the resources of another. Using the views of the participants, it can be argued that when economic demands are made, which are unreasonable, the husband’s money is indirectly controlled by an abusive wife. When husbands cannot meet these demands, it leads to emotional abuse, which, in turn, in some cases influences, negative reactions from men.

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5.7.2 Emotional provocation by wives being met with physical abuse by men

According to Abdur Razaaq:

You [have] got to also look at it from the point of view of the husband. You just do [not] say…that everything is the husband’s fault or the wife is the…poor victim. Sometimes you find it could be women also [who are] back-chatting, sharp with their tongue, [and are] insulting… I know of a guy that people tell me he was such a timid guy, he would [not] hurt a fly, but he married a wife who was…insulting[,] shouting and disgracing him in front of his friends… After a while, he became abusive.

Imtiaz gave the example of an abused woman who was physically abused by her husband. She indicated that her husband continuously abused her physically. The advice the religious leader gave her was:

So just on her approach, Moulana told her okay do me one favour, I am going to give you one stone, now Moulana was a person that used to do Taweez (amulet) also. So she really expected Moulana to be giving her Taweez. So he gave her the stone, and he said look the minute your husband enters the door, put the stone under your tongue, but make sure as long as your husband is in the house that stone does [not] come out of your mouth, because if it falls out of your mouth you are going to get a hiding. She said okay brilliant, she took the stone and she went home. [The] husband came in the house, the minute he came in she put the stone under her tongue, now, the husband was cool and calm, relaxed, and it went on for a few days. After a few days, she went back and said Moulana this is a brilliant Taweez you gave me. The Moulana said no I never gave you a Taweez, I took an ordinary stone, and I gave it to you… Moulana then explained the problem with the woman was her mouth was very loose. Her manner of address to her husband was incorrect… And based on that, she was catching it… So a lot of the abuse that comes out is because unfortunately, we are having a generation… that is not taught the correct way of dealing with anything or anybody.

While he is making the case of emotional abuse on the part of women, he seems to be engaging in victim blaming. In all honesty, someone cannot live their lives with a stone in their mouth!

Shakeel also argued that women engage in emotional abuse:

The woman does [not] have the physical means to…[assault] [her] husband and punch it out, but they have… a tongue that is sharper than this sharp sword and they will not hesitate in using that. They also in the interim learn how to be savvy and how to be sharp and so they would even manipulate a situation to that extent. The husband then, on the other hand, cannot maybe perceive it and take it and then he retaliates.

Various classical family systems theorists (Steinmetz, 1978; Strauss and Gelles, 1986; McNeely and Robinson-Simpson, 1987) argue that domestic violence occurs between men and women. Steinmetz (1978) and McNeely and Robinson-Simpson (1987) state that men will abuse, not react, with physical violence due to their being biologically stronger, which will then cause more pain. The participants stated that some men are reacting using physical violence. While it is important to acknowledge the point made by participants that men react defensively, the religious leaders themselves argued that in

159 a majority of the cases, the victims are female. As indicated in the previous themes, the intersection of the feminist theory and the family systems theory must be considered. Family systems theorists argue that domestic violence is a result of status inconsistency. From an Islamic standpoint, men are supposed to sustain the household economically (Nawab, 1997; Ansari, 2006). According to the participants, some of them do not provide according to the standards of their wives. As a result, they experience emotional abuse from their wives. This, in turn, results in wives’ responding aggressively. While this does not seem to be the overarching case in South Africa, the above responses do add some credence to the views of the classical family systems theorists who emphasise the effects of status inconsistency within the broader context of economic strain (Hornung et al., 1981).

5.8 SOMETIMES THE FAMILY IS THE PROBLEM

Families are not only the backbone of an Islamic society, but of society in general. It is a structure that is supposed to be in an environment where peace and harmony are cultivated (Hassan, 1988).

Shakeel indicated that when women experience abuse, the first port of support is the family: If the woman has got any heartaches or difficulty, she [is] supposed to turn to her family, and her family would without question, embrace her and accept her. And when I say that without question, meaning that without challenging the situation. If they know the situation… she needs to give them the necessary go-ahead to say that okay I [am] here and they [are] supposed to take her in. Similarly Imtiaz argues:

The role of the family is highly important in dealing with domestic violence. It is far more important when there are children involved in that home where domestic violence is carried out… For example, you have a couple with little children, [and] domestic violence has happened. The family needs to step in and say we are taking the kids away. You people sort out your nonsense first. When you are done and you can live as two adults, [we] will then perhaps allow the children to come back. This is in agreement with the likes of Hassan (1988) who indicates that it is an Islamic duty for families to see to the welfare of family members when they are in need. However, this is not always the case. Participants seem to be providing a similar point of view to Nordien et al. (2003).

5.8.1 Families think they are helping but they are not

Results show that family members sometimes escalate the problem instead of solving them. According to Abdur Razaaq:

You see sometimes you find that the simple guy is married to a girl coming from a rich, high- status family, so they think [can] they look down upon him now. [They tell her husband] you can[not] do this, and you cannot do that, you know our daughter was this, we live like this and we live like that. So then what happened, they start providing… They started spoiling. [They say] what [are] you doing with the old sofa, come on throw this thing. [They tell her husband]

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You can[not] afford this, you can[not] afford that…Actually they should have rather left them alone because he is providing in a reasonable way according to his standards. That is one thing, then the second thing is you will find that because the parents are well-to-do, this woman knows she is in a position to go back to her parents. He further adds: And the parents will say just leave him we will look after you. You see that type of a thing. Similarly, Usman states: Providing support is important, but many people, because of the lack of experience.. because of the lack of expertise, sometimes do more damage than supporting. So the father thinks that maybe I [am] helping my daughter out, and he tells the son-in-law you know what, send my daughter home, I do [not] need your crap. Meanwhile, there was a small issue; they could have ‘ironed’ it out. So sometimes the question we need to ask ourselves is that who is playing the supportive role? The family is playing a supportive role but supportive in their understanding, not supportive in the literal sense because… that is why I say that we need to then revert to the external structures more than the family support. Yes, if there [is] a qualified counsellor within the family, if there [is] a social worker within the family, then it makes a bigger difference because they are trained to help…both parties and they [are] able to think. From my experience, what I [have] noticed is that there [is] prejudice, there [is] bias…they do [not] keep the relationship and the kids in front. According to Amir: She needs to have that support; she needs to have that cushion,… But then at the same token, whereas today it [has] gone totally, 360 degrees… [Parents will say]…. my darling, you go, you try. The moment he gives you problem, come back, daddy [is] here… So, at the slightest bloody thing… He did [not] buy me a hat, dad! I want my Talaq [?], I mean, really. Like I said you do not take me on [an] overseas holidays, Allah, that [is] a thing for Talaq? Shakeel echoes the voice of Amir: Shakeel: Very seldom. Very seldom because it is regarded as interfering. But… there is a major problem…in assistance… They will give her a place to stay and take her out of that, but they [will not] go and fix the problem and fix the marriage. Thus far the opinions of the religious leaders show that women sometimes receive support from their families. This support however is provided at a level where it can be argued to be harmful, as disputes according to the participants, can be resolved. At the same time it was found that religious leaders argue that some families take the other route of not providing support at all.

Shakeel provides an example of a woman who did not receive financial assistance:

Women are always being threatened or made to feel threatened, that their well-being and their future is like very limited. I know about a woman that was subjected to physical violence … She would go and her own family would turn her away. She eventually returned back to that abusive marriage and if my memory recalls, I think she is still in that relationship… Yet she still has her share of inheritance that was there. If she took her share from the business, the business will then be limping…with the possibility of even falling down. Ighsaan provides a similar example of a real-life situation where a family did not provide assistance. Both partners were on drugs.

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Now we…had a case, a lady, she [has] got three children, the youngest one is one year old, and the eldest one is about six years old. The husband put them out, poor family, 11 o’clock at night. The Imam of the [mosque] found them in the courtyard … because the alarm [car hooting] went off. They came to see if somebody’s breaking in and they saw this lady and her three children. In this instance the religious leaders had to try and assist this woman: The lady is probably about 27, 26 years old, 27 or 28 years old, sorry, somewhere there. She was on drugs, he was on drugs, they… got three small children. The Imam takes them, he cannot find the husband. The lady she [is] estranged from her family, she… got nobody… So the Imam takes them... She tells [him], listen I [am] on drugs, I want to get better, So, the first thing he does with her, he goes to the community… he speaks to the community members, …One teacher she takes this children. He speaks with one brother, he has a rehab here [in] Roodepoort and he puts her in rehab. And he goes to different people… and collect[s] money to pay for her rehab… to get nappies and things for the children. [Unclear] and the community came together, I [will not] lie to you…this is in Maraisburg. Shakeel also indicates that family members do not think objectively when trying to solve the issues:

I would involve them, but have to fight them off more… where the couple wants to reconcile and [the family] are very fed-up with this whole process because this has been going on for 4, 5 years then…she [is] in hospital, he [is] been in hospital…she [has] done this to him, he [has] done that to her. They had to even reshuffle their living conditions in order to accommodate her when she just pops up there with the kids, so they [are] tired and they would eventually say like no, we [are] not accepting this woman any more. Muhammed: Okay. So you would have to step in and…? Shakeel:… I would eventually say like but you people do [not] have a right to push her or him, this situation that is not conducive for a good relationship. Sometimes family members resort to violence themselves.

According to Abdur Razaaq: Sometimes, especially the brothers they will get together and they will want to retaliate also. They want to beat the brother-in-law up. I had cases…they wanted to beat him up [and] take him to the police station or something like that. While the likes of O’Brian (1971) and Hornung et al. (1981) focus primarily on the husband and wife when speaking about violence, their point of status inconsistency is still relevant. In this situation, it can be argued that it influences the wife’s family to denigrate a husband about his financial status. In the example Shakeel provided, one can empathise a little with the family when there is continuous violence. While family members should not interfere and be central to decisions about whether a marriage should end, if they are continuously affected by violence which sees no end, their wanting to have a say can be understood.

5.8.2 You did not listen to us now bear the consequences

Zaheer and Amir stated that sometimes, families are not happy with the choice of husbands that their daughters make. If women go ahead and marry a suitor with whom their families are unhappy, the

162 families sometimes break off relations with their daughters. Hence, when they suffer abuse, the family may refuse to assist them. Amir elaborates on a real-life case study that led to disastrous consequences.

This was a marriage where both families were not happy… let [us] put it this way, she was the deb of the ball, and she was the queen… The guy was [disparaging noise]… [not] good looking, …So, it was beauty and the beast kind of thing… But…she loved him…and she wanted to marry this guy. And this beast really turned out into a beast… And she could [not] go back because…her family had told her, no if you want him, you go, and you do [not] come back. And she took that decision… Meaning she took him at the expense of her family… Amir indicated that it was not only the woman’s family who was unhappy. The husband’s side of the family was unhappy with his choice of partner because she came from a different caste. She shared a different cultural heritage which can be traced back to India. After they got married, that is when the violence began. “But he used to [ beat her] so violently.” It was not only the wife but their son, who was also physically beaten:

He was beating the boy up just as well and…on a personal level I engaged with him, and we realised that this guy, he [is] schizophrenic… Do you know it was Eid [Islamic festival (fosteronline,n.d)] day man, and over some trivial thing…he beat her up so badly… It was [not] the first time that he had broken her nose, or broken her jaw... She had wires in her face. And this particular beating was so intense that she was rushed to the hospital on Eid day, and she passed away two days later. This boy, can you imagine that trauma? And you know what, he looks exactly like his mother. The child, whose mother passed away, was taking drugs to deal with the pain of seeing his mother being beaten up by his father. He had no extended family support because either side of his parents’ family was unhappy with the marital union. Again, the intersection of the family systems theory and patriarchy is of utmost relevance. Family systems theorists such as Anderson (1997) indicate that it is important to look at factors like substance abuse that can cause domestic violence. Similarly, feminist theorists, George and Stith (2014), indicate that patriarchy must be considered alongside issues such as race and psychological problems. In the above case, it seems that it was more a case of the victim’s husband suffering from schizophrenia, which led to him abusing his wife. Family therapist Bograd (1999) also indicated that patriarchy must be considered alongside other structural factors such as race and class. In the case above, one notices that the families were guilty because they did not put a stop to violence because they were unhappy with the victim’s choice of partner. The perpetrator’s family cut off all ties with him because he married a girl from a different caste system. Focussing on issues such as looks and ethnicity prevented them from being a possible support system. However, elements of patriarchy were present. Her family disowned her because she made a decision to marry someone with whom they were not happy, hence punishing her for exercising her agency. Similarly, Zaheer indicates:

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So what happens is they feel that you know what…I got into this mess, whoever is around them is telling them that you made.. the bed now sleep in it… So the people around them are giving them that negative message so they [are] only breeding negativity. It is not just the family who sometimes denies support due to their daughter’s practising agency. It is the broader social norms which are problematic.

5.8.3 Family afraid of how society will view them

Literature shows that despite women being victims of abuse, they remain in abusive relationships. Some of the reasons provided were the stigma attached to being a divorced woman, and the role of the family (Rabbani et al., 2008; Suleman, 2011; Radio Islam, 2014). The family is worried about how their status within the broader society will be affected. They also adopt a patriarchal stance whereby they view marital discord as a private matter (Faizi, 2001; Rasool-Bessadien and Hotchfield, 2005; Johnston, 2007; Rasool, 2012).

According to Umar, some families are worried about how they will be viewed by the larger society. No, that [is] a major thing…. we are more worried about status, we are more worried about… carrying the family name and…we cannot have a person that is a divorcee that has children coming back home…[the] family… tr[ies] to shield that from happening …In actual fact, the person that is suffering is the woman, she [is] suffering but that is not taken into consideration. What they [are] more worried about is like what people are going to say. Ighsaan and Irshaad gave a similar view. According to Ighsaan: She will not go and make a scene…. [She will think] what kind of a person are they going to think I [am] going to be… and the social perception that people will have of her or her family... That is something very prevalent in our society, we are so conscious of what people are going to think, what everybody else says, and yet once you [have] closed the door and you [are] in your house, nobody is there besides you and your family, and you [are] the one that is suffering in silence... that [is]… the [way] society is….it is opposite of what Islam should be. Similarly, according to Irshaad: Sometimes the issue of pride as well [is] involved in it…because that stigma of my daughter [getting] divorced and she has come back and she is living in the house, whereas if you look at the Hadith of Rasoollulah (SAW)…[where he mentioned that there] is great reward… for a father who takes his daughter back after that kind of a situation. And looks after her. And many times also the fear of I [will not] be able to get married again. Similar to Ighsaan, Zaheer also believes that stigma acts as a barrier for families. However, he indicates that gender plays a role here:

Muhammed: Who are these people that contribute to the negativity? Zaheer: It can be anyone. It can start from their fathers, it [is] very seldom but I think the mothers more. [They have this view]… that once you are married, you…must stay with your husband to the end….That is slowly, slowly changing, very slowly changing. Muhammed: But why you think this is the case, why do mothers feel that way?

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Zaheer: It [is] a custom not a religious thing, that if a girl comes home it [is] firstly… a disgrace on the family…So no matter who was to be blamed… Rather make your home to…save our honour you know… in reality in Islam there is no such thing. While making the same argument as Zaheer, Irshaad refers to the father:

I know of a case where the husband was… traumatising his wife emotionally.. it was terrible… Her parents refused to even give her advice. You must live through it, life is tough you must be an adult now and you must just make Sabr (patience) and then deal with it… that also is not good…yYou know you have to at least give some kind of advice as a father. Abdur Rahman agrees with Zaheer on the point that women are taught that they should remain in the relationship even if they are abused:

Naturally, there are three things, every woman gets married, and she wants to remain in that marriage, she comes with so much hope, aspiration. Her family tells her that you also must stay there. In the olden time our grandfathers and fathers… I am speaking of forty, fifty, seventy years ago… you will find that when they send their daughters, sister, niece, they…gave advice …they said see you are going to that home, so your Janazah (funeral) must also come out from this home. Abdur Razaaq indicates that husbands take advantage of this:

So now you will find, a lot of families they will say you…. have got to take it in, just now this guy will come…he is angry and then he can just utter those [Talaq] words…Then what will you do? You have got to take it easy with this guy you know…So what happens the man feels he has got a big trump card and especially if he is earning… [and] the woman is the housewife, that even doubles his power. The study echoes what was discussed in the literature. For example, Bham, on his radio show “The Social Programme with Ebrahim Bham” on Radio Islam (2014) indicated that, historically, some family members were worried about how society would view a family with a divorcee. Therefore, they would force women experiencing abuse to remain in abusive relationships. Other authors (Faizi, 2001; Rabbani et al., 2008; Abugideiri, 2005) also mention that fear of shaming the family is one of the reasons why some women are afraid to get divorced. In this sense, it can be argued that this – asking a woman to remain in the home – is a form of spiritual abuse as suggested by Gilad (2014). As Faizi (2001) points out, some women would rather stay in an abusive home instead of having her home breaking. In this case, the feminist theory is very important. Feminists such as Dobash and Dobash (1979) indicate that women lack an individual identity. Samanthroy (2010) indicates that, in India, historically, from the time women are born, they are viewed as secondary to males in the family. It is this secondary status that results in husbands abusing their wives. In the above examples, it is noticed that patriarchy is present, but like Bograd (1999) and Stauffer (2015) point out, it manifests itself through different social cultures. Not all of the participants agreed with the views shared above.

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5.8.4 Some family members are genuinely worried

Imtiaz and Taufeeq do not agree with the sentiments shared by Zaheer, Ighsaan and Irshaad. In their view, opinions of society do not matter to the family.

Imtiaz: It might have been 20 years back… Not anymore. As time is going, we are finding that [the] family are getting more actively involved in domestic interest[s]… Personally, I have never come across that. Taufeeq agreed with Imtiaz: Taufeeq: Okay, in today’s age, there is no such thing [as] stigma….Because…parents are actually saying that… the marriage is [not] that important… Your place is always here… If we can, even if we cannot give you the means, you are getting there, you will still get bread here… So there is this.. encouragement which has its good side, and which has its bad side. He gives an example to illustrate his view: I do know [of someone] married twice, [in] both instances the parents said you do [not] need him you…got a house. So the idea of stigma in today’s age is not there, it is not as predominant as it was before. 5.8.5 They want to help but lack the resources

Ahmed indicates that sometimes it is a case of the family not having economic resources to assist:

With the socio-economic circumstances being what they are..I [do not] think there is a lack of willingness, I think it is just a lack of resources sometimes…. I think the challenge is more in terms of support that is financial…not emotional. Taufeeq indicates that families who have financial recourses are likely to help: Again it depends on the different categories right…Those that are affluent, will throw their money at…the law system because they have… the money to be able to get [an] outcome. Those that are… let [us] call it the middle class, they will use some more conservative approach and they will try to find a way out, they [will] use…your religious leaders, your small, different NGOs, etcetera, and unfortunately [when] we look at your lower economical hierarchy… in most cases it is violence upon violence. Similarly, Abdur Razaaq argues: They do [not] shun her but they are helpless… what happens is that for instance a girl gets married far away now the parents do [not] have the means to hire a taxi and go every week or every month. So what happens is they go once in six months. Right and then what happens is because of the financial situation you find that girl is…by the in-laws, by the husband, there is nobody checking on her. Because of their finances…for instance the woman might say you know what, my father-in-law is controlling all the money in the house, and my husband is just working in the shop, so if the father feels alright let [us] cut a long story short, what do you need my child? She says no I need more clothing and…my child is not well… [her father will say] I will provide for you. [Do not] worry about the father-in-law…But if they are not of means, then there is double trouble. While Abdur Razaaq indicates that economics plays a role, on the one hand, it is difficult to ignore patriarchal subtleties to which he is referring. The “cutting a long story short” approach used by a

166 father can be argued as an approach similar to treating symptoms instead of the root cause, similar to cancer being treated with painkillers. By offering his daughter financial assistance, the father is not dealing with the patriarchal dominance that she is enduring in her home.

5.8.6 It depends on the structure of the family

In the previous subtheme, Ahmed indicated that families want to support women, but they lack the financial resources to do so. In Taufeeq’s opinion, unlike Ahmed, he states that people who have fewer economic resources are more likely to support each other.

Taufeeq: So there is that kind of support even though not as intense as before. …Within the poorer sector of the community you will find a much greater support systems right. I firmly… do [not] believe that this is only a phenomen[non] within the Muslim community. I believe it is a phenomen[enon] throughout. Okay… so that support system is there depending…how affluent or how poor you are. Taufeeq also states that one needs to consider the change in the structure of the family: You will find your support system with your father, your siblings… with your mother, but you know you will very seldom find that support system outside of that….Because everyone is very… independent from the broader family unit…and that family unit has actually shrunk to …those that have actually lived in one house, or under one roof for a period of time… today you find [the] grandfather in South Africa, [the] son and daughter-in-law in the UK. Thus far, religious leaders’ opinions of the causes and reasons behind the causes of domestic violence, have been discussed. The following discussion looks at the type of support they provide for women.

5.9 SUPPORT FOR WOMEN

The religious leaders pointed out that they offer different types of support to women themselves or in collaboration with others. They provide, theological, psychological and financial as well as self- defence support.

5.9.1 Financial empowerment to become autonomous

Some of the participants indicated that they try to empower women financially. The organisation Umar works towards endeavouring women in becoming economically empowered.

Muhammed: Uh you mentioned that they come here and it’s about them becoming empowered. Do you assist them in any way with that?

Umar: Yes, definitely. What we do is that the woman that has the capability, obviously with their age also.. the young ones, mostly those between the ages of 20 to 40 years, we try to [empower them in terms of] development. That [is] the important thing. Rather develop them, go study, get your matric, [and] do a course either in catering, baking, nursing or whatever. So that they can stand on their own two feet. That is what we concentrate on mostly because once they are financially empowered, then they can do whatever they need to and then you see a

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different person, but once they are dependent on the husband and they do [not] have anywhere else to go, then you [will] find [that] they will sit in a corner and they will get abuse after abuse after abuse. But once they are empowered…financially, then they sound like a different person and you see the changes in that person, and that is what we try to do.

Zaheer gave a similar opinion to Umar. In fact, his organisation works in collaboration with the organisation for which Umar works.

If they have some potential… we try and do some business empowerment for them but they must be willing from their side. There is a lot of work for them, they have to put in a business plan and if they can convince us and convince the second team who does the independent visit at their home …

Muhammed: And there are these girls, women that are ….

Zaheer: That, because we try to …

Muhammed: Who are abused?

Zaheer: That is it… So if they are keen and interested yes, we partner with the Islamic Foundation (pseudonym) also. So Islamic Foundation has a programme where they then empower… if they show the initiative, then we send them for these advanced courses… So Islamic Foundation is sending everyone for sewing or for baking, but they are going to come back and they are not going to do anything… So what we…do now is we see if they are doing it first on a small scale. Maybe they are making Rotis, maybe…then you tell them okay listen you have been doing this, why don’t you add a product, and we are going to send you for this course where you can now sell this also you know… So we try to advise them properly because… in life [if] you are doing something you do [not] like, then it sensors your living and things you know, but something that they have a passion for, then, by all means, we will go through that.

Shakeel also indicated that they collaborate with non-profit organisations.

Shakeel: There [is] a concept, and now they [are] moving on to something different… personal independence that they would strive towards. And that would be giving the person a trade to fall back on, and if they have some profession, they will then try and assist them to the point… where they do find an opening for them.

Muhammed: Okay. So you collaborate with them?

Shakeel: Best we do that, otherwise we [are] going to work in isolation.

Muhammed: Okay. Can you name some of these organisations? You do [not] have to?

Muhammed: We’re looking at [indistinct] that being the Johannesburg area, we [are] looking at SAT Trust, right, we [are] looking at SAN[ZAF].

Imtiaz indicated that he works in collaboration with the Benoni Muslim Charitable Organisation (BMCO) which assists with financial assistance. Taufeeq makes reference to the organisation Sultan Bahu.

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If the issue arises from… financial problems, because like I explained earlier we cannot afford to forget…the factors which lead to this kind of violence… They will assist with that…very important as a pre-empt… is that they provide bursaries which brings about a certain amount of independence as well

The above quotations show that not all religious leaders, as shown by feminist theorists such as Abrahams-Fayker (2011), are patriarchal in their thinking. Zaheer and Umar illustrated that there are religious leaders like the late Hasan Al Banna, founding leader of the Muslim Brotherhood, Ibn Ashur from Tunisia and the father of the participant in Munir’s (2002) study of the Javanense women, who promote women’s empowerment and equality with men. These leaders encouraged women to be empowered and self-sufficient (Nawab, 1997; Munir, 2002; Zuberi, 2011). Importantly, religious leaders are elucidating to the point made by theorists such as Anderson (1997) who saw the relevance of how patriarchy and structural factors such as socio-economic status intersect. Anderson (1997) indicated that men abuse their partners because they cannot economically maintain the household, because in a society where the norms say they are supposed to, yet when they do not, they are viewed as deviant. In the explanations provided by Umar and Zaheer, patriarchy and socio-economic status intersect. Some women remain in abusive relationships because they are economically dependent on men. Umar and Zaheer made reference to the socio-economic position of women who experience abuse. Assisting them in becoming independent can be seen as a way of assisting women to cope in an environment which is patriarchal. This becomes clearer when they are provided with psychological support.

5.9.2 They can only empower themselves if they are psychologically and emotionally grounded

Majority of the participants mentioned that organisations such as the ‘Hopeline’ and ‘Islamic Careline’ and ‘Sultan Bahu’ are available for support to women. These organisations assist women in realising their potential by providing social and psychological support for women. Taufeeq makes reference to the organisation Sultan Bahu

Sultan Bahoo for example right,… they have…psychologists on hand…They have got what do you call it, it goes through the various process of mediation.

According to Umar:

We make use of…. the Islamic Careline. It [is] a very discreet organisation dealing with a lot of abuse, mental abuse, physical abuse… So we make use of them… I think they are affiliated with the Jamiat,… they help us a lot because if you look at this organisation with a woman coming here is that you find most of the time, it [is] not a financial problem. It [is] a problem of the mindset, it [is] a problem of the situation itself. We need to get them counselling, get them… the mindset in such a way that… they can work for themselves... So all they need is

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just guidance on a women’s perspective and the Islamic Careline, they give that because there [are] only women there.

Umar’s emphasis on the mindset is crucial. He is pointing to the patriarchal context in which women find themselves. Abdur Razaaq indicated that he works with NISA as well as a local Mosque where he is an Imam. Usman gives a similar account to Umar in reference to the Careline:

So they deal with different matters. Custody issues, they deal with[,]… post-divorce…cases, they deal with…the breakdown of communication in marriage,…they deal with…the patching up of the relationship,…they deal with…psychological help, they deal with all that [is] required for a woman to go through… whatever phase she [is] going through. If she wants to maintain and keep her marriage home intact, they support her with that. If she requires help with divorce, they help her out with that; if she requires custody assistance, they help her out with that. So we have come a long way.

Usman’s view is interesting. He is reflective and objective on the issue of emotional support and educational support. While pointing out the opportunities provided by the Careline, he also acknowledges that there was a time when women did not have access to these resources. In this sense, the arguments made by the likes of Al Khateeb (n.d.), Nordien et al. (2003), Hoel (2012), and others who point out that there are some women who do not have knowledge about their Islamic rights, has credence to them. When Usman was asked about stigma and families not assisting because of Stigma, he responded saying:

So this was an issue back then. Now we have created structures for that in our community. Lenasia has Nishtara, Lenasia has the Islamic Helpline, the Jamiatul Ulema Social Department, the Islamic Careline, the Islamic Hopeline, and the Muslim Marriage Forum. They say necessity is the mother of all creations, and because of the rampant violence in our community and women struggling, we now as a community have put up formal structures which were not there before. If you recall previously, there were no such structures. If a person was struggling in his marriage, maybe someone senior in the family would come and sit them down and speak to them. If that would not help, they would go to some priest or some religious person in the community, but now they have done away with that. They now have got proper structures where women can go and voice their opinions, and if they require legal support, then they are even given legal support. So we have come a long way, but there [is] still a lot more…that needs to be done as a community.

Usman went further to mention that the Jamiatul Ulema provides women with a contract where they can stipulate reasons for divorce:

The contract, there are certain clauses which are open. For example, I will marry provided my husband will not take a second wife, I will marry provided that what is mine remains mine because in certain cases, the woman comes with a lot of wealth into the marriage. What I own is mine, whatever h[e] own[s], you know, the antenuptial contract. So there is an open space. Whatever stipulations they want to make, they can put it there. Say, for example, I will marry you, but in the case of abuse, we will reserve the right of one divorce with the Ulema body who [will] sign the contract. So they can[not] unilaterally… if you ill-treat me,… I got a right of the

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divorce. So they will say as a family, we reserve the right for one divorce with the Ulema body, you [will] review the matter with them. If they feel, then they will issue the divorce.

These are important skills, which women are provided with. Bearing in mind the participants’ views, it can be argued that this is a response to the patriarchal context in which these women find themselves. The reason for setting up these endeavours might have been a result of the precarious situation when some Muslim women experienced difficulties in their marriages, in South Africa.

The ideas shared by these religious leaders are important. They do not only indicate that Muslim women need assistance, they also show the importance of Muslim women requiring education. An article posted on the Jamiatul Ulema KZN (2018) branch website questioned the reasons for women needing to attend university. The views of some of the religious leaders who took part in this doctoral thesis indicate that women need an education to support themselves. One of the key issues raised by some participants was the importance of psychological support. Umar indicated that if women are psychologically grounded, then it becomes easier to empower them. This is in line with Nordien et al., (2003) who point out that religious leaders need training in counselling.

5.10 VIEWS ON RELIGIOUS LEADERS BEING TRAINED IN COUNSELLING

In their study on domestic violence experienced by Muslim women in the Nelson Mandela Metropole, one of the recommendations Nordien et al. (2003) made was for religious leaders to acquaint themselves with counselling classes. Participants were asked about this. Some of them indicated that it is highly recommended.

5.10.1 Highly recommended

Abdur Razzaq indicated that it is important for an individual’s religious leader to go for counselling. Women whose husbands are addicted to substances, engage in extramarital affairs, and who are emotionally and physically abusive towards them, come to him for advice. He listens to their problems and provides them with advice. Zaheer emphasised the importance of counselling by indicating that he needed to go for counselling lessons and advanced courses because he had no skills to deal with the problems he was dealing with at a drug rehabilitation centre at which he was working.

That [is] where we did many of the advance courses with regard to counselling and psychology… because it was interactive, you know many of the clients who came here were married or not at all, so we did it also. We had to do some skills developing there.

Amir indicated how his training in counselling helped him in rehabilitating women who were substance abusers:

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I obviously have been well-trained in counselling. Um we [have] been doing this for a long time with the drug counselling. We had to do all of these [courses] and then I myself, [by my] own initiative; I went for…advanced counselling courses…We specialised, besides the drug counselling. You know, you start with…your… basic counselling. So…you know, all the skills and the body language etc…Then you have…an advanced counselling [course], and then you can specialise…. We have… specialised… in all four [courses]. The one is drug counselling, the one is…marriage counselling, the one is… trauma counselling, and the fourth one being…HIV/AIDS, you understand. Now….I… firmly believe that all of that has…stood me in good ground, you know, in the nature of the work that I [am] doing and then I think generally for Ulema, you are presented with these types of scenarios and cases every day. People are coming, whether it’d be marital problems, whether it’d be…spousal abuse, whether it’d be …trauma for that matter.

Similarly, Umar who draws from his own experiences of dealing with issues relating to marital conflict stated:

I agree with that 110%. Reason being is that women feel more comfortable coming to the Masjid (place of worship) and speaking to the Imam and, you know, she has all that confidence in the Imam because…there [is] a religious leader, he is there, and he [is] guided by the Quran and the Sunnah. So it is he that can guide her… so the Imam must be equipped with the basic counselling skills. And if the Imam has that and if everything is intact with him in terms of his skills, then he will …guide this woman properly into the right direction. That is it, because it is not a matter of… just giving advice, no matter how you give advice. The approach…must be professional, there must be…some basic skills that the Imam must have.

He further added:

Another thing is also, you find the woman comes there, she [is] very emotional. How do you deal with situations like that, husband and wife fighting in front of the Imams, which I experience a lot? How do you deal with it, do you walk out? So all these things are necessary, it is very important for the Imams to have that basic skills….and if they have it, they can help the person better, and you know, it is to mend and it is to fix problems.

Abdur Rahman indicated that religious leaders lack such skills.

Muhammed: I came across [an article] says that religions leaders should get counselling. What's your view on that?

Abdur Rahman: There is no argument about that. When a person studies to become a Moulana or the Alim or the Sheikh or Mufti or Imam [Religious leader], there are so many things he needs to learn. I need to learn. Now there is a person teaching in our Madressa [Venacular classes]. You need to learn child psychology… So if you are in this field here now you have to deal with social methods, domestic methods all of them, so obviously you need to learn that as well. So whichever field you are in, you have to, this is why I told you in the beginning that we lack what we call specialisation.

Muhammed: Okay. And you find this, are we really lacking in terms of this, and are our Alim’s [not]trained enough?

Abdur Rahman: No… A lot of them… [intervened]

Muhammed: and is this…something that we need to address?

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Abdur Rahman: Hundred per cent… Especially for those who are going to go in that field.

Like the previous participants, Irshaad also indicated the importance of counselling:

I fully agree on that, because it [is] a misconception that everybody has the ability to counsel. Okay, I mean a simple example now you get thrown out of your house stark naked, and you are told to make Sabr. That [is] not counselling. That [is] not what a person needs to hear at that point in time…. you need to hear that your dignity has been taken away from you but you still have dignity and you are still honoured, and Allah has still given you that honour in Islam

Like Umar, he also indicated that counselling skills and qualifications are important:

I had people coming to me and they are in their 50s, married for about as long as I am, and they want to come and ask for marital counselling, I said I am sorry I am not qualified to counsel you [I am] just a little bit older than your children, and I mean I do [not] have the life experience. You have been married for twenty years; I am only married for eight. So [my] personal experience has [not] built up enough and let alone that, I mean I do [not] know how to deal with the issues because you have got a married man who [is] looking after your stepchildren while his wife is gallivanting until one o’clock in the morning. And they are married. Now when he sits down and discuss this with her, she gets upset and angry, and she closes herself off for three days and then after that when she decides she is fine, she is fine. And he must just like kind of pretend that everything is okay. Now I can[not] talk to a woman who is twice my age and… bring her to her senses, you know. So they must go to someone senior.

Irshaad not only draws our attention to counselling in general but also to the intricacies of counselling in cross-cultural settings. Van Dyk (2005) indicates that issues such as age and gender are important to consider when conducting counselling in an African setting. In an African setting, an older person might not be comfortable talking to a younger person who is also of the opposite sex. Irshaad is echoing the same sentiments.

Imtiaz also emphasised the importance of counselling:

Imtiaz: Highly recommended… And not Ulema just to deal with this. My opinion that [is] Ulema need to get training on counselling as part of the curriculum … For one reason. When you qualify as an Alim, and you come into a teaching world, to be an educator or a teacher, you have to be a counsellor also. So you can deal with the children.

Therefore, one notices some religious leaders like Nordien et al., (2003) realise the importance of counselling. They have specified that it is an important skill, which religious leaders need to be trained in. Umar and Irshaad indicated that advice alone is not enough. Issues such as age and social context need to be considered when one is giving advice.

Disagreeing with the participants just mentioned, Ahmed stated that while counselling is important, he argued that religious leaders learn about counselling when they set out to become religious teachers:

I agree, but I think we need to understand it again in its context. If we are suggesting that the Ulema need to go for these courses because they have no skills, then I will disagree…I think if 173

you look at the training that the Ulema are given…in terms of the traditional Darul Uloom [religious university (Urdupoint,n.d)] setup, you see counselling, in many ways is about understanding certain concepts, certain principles, certain guidelines. Right, so, that [is] the half of it, the other half of it are the more mechanical skills…the kind of conduits that you create in your counselling processes. So in the first part…when you are so in tune with Quran and when you are so in tune with the Hadith, there can be no greater counselling manual…than those religious text, and that [is] where the Ulema are very equipped. Sometimes even professional counsellors when they see Ulema they will say that we learned from them. So in that sense, I would say now…we should not be suggesting that an Ulema get counselling because we assume that they know nothing.

However, while emphasising that they received counselling training, he makes reference to learning finer skills to increase their competence. It is noticed that the skills he is referring to are what the previous participants such as Amir and Umar alluded to.

Ahmed: I also suggest… the Ulema leadership constantly suggested… that there is always more that you can learn in terms of the finer skills on the art… Any skill that will help you be more effective in…. your objective… let [us] just for example take a more, a milder example rather than domestic violence, say ordinary husband and wife, there is tension, so Ulema will understand the importance of listening because that is something that they learn. They understand the importance of giving both sides an equal opportunity…to express themselves. They understand all of those kinds of things, but there may be finer skills in terms of you know mediation tactics.

Riaz echoes Ahmed’s views:

So, like for example, uh, after I took Imamat [Religious leader who lead prayers in congregation] you [are] put… in a place where you have to start dealing with things… And sometimes you find initially that you…not fully equipped [phone buzzes] it [is] like a new graduate going into the workplace. But if a person does it willingly based on the Talim (Religious lessons conducted in an informal setting) that the Ulema ]… have given us, I think there [is] sufficient… content or material for us… but structured programs are always good, right?.... To be a good Imam who can deal with his community [requires more skills]. I think this you [will] find this comes with time and with circumstance, right?... I think if I [am] not mistake[n] Jamiat does offer quite a few counselling courses, Muslim Aids Program, dealings against drugs… I think we can, we can always improve on it or expand it.

Like Ahmed, he seems to be suggesting that while they have a basic understanding of counselling, they require more training. Other participants questioned the content that comes with counselling in an academic setting.

5.10.2 Islam’s view on counselling and academia’s differ

Shakeel indicated that he favours counselling. However, he indicated that Islam’s view on counselling and what academia’s conception of the counselling is, are different.

Muhammed: when you are looking at counselling…what do you find problematic with the secular approach?

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Shakeel: The approach might…[be] very positive, but what happened is that the contents have to be secular… And then that means that often you have to forego on various Islamic principles… And when we look at secular, secular has developed through man… not through divine… dictates…

Taufeeq agreed with Shakeel:

But counselling…is what?... here I think we are at odds with academia. Okay and I think we always will be with odds with academia, because academia do[es] not really recognise the value and the input and the importance of spirit…because it cannot be seen, it cannot be smelled, it cannot be touched etcetera, etcetera and therefore they would ignore…[the spirit], whereas a Muslim would regard the spiritual aspect as part of the body, in other words, your body is made up of your physical, your spiritual and your mental.

Ighsaan disagrees with Shakeel and Ahmed. For him secular knowledge and Islamic knowledge can intertwine.

We need maulana’s that are accountants, that are Alims so that they can [say]… listen here, okay, this is how the accounting is but Islamically also this is the ethics that should go with it. We need social workers that are Ulema, that will be able…[to] use that methodology…to help these people…[but] to [also] apply the Deen, the knowledge because the Deen is there… one part can[not] do without the other and that is where we have gone wrong a lot.

This theme, like others, has a similar thread running through it. It shows that one cannot paint religious leaders with one brush. The majority of them are in favour of counselling. In a general sense, it can be argued that they do agree with the likes of Nordien et al. (2003) and Zuberi (2011). However, within this general argument, there are nuances. Participants like Irshaad, Amir, Imtiaaz and Abdur Rahman gave the impression that religious leaders lack the skills to become counsellors. Imtiaz said it should be part of their curricular. However, others like Ahmed indicated that religious leaders learn about counselling, which needs to be supplemented with other skills. Hence, it is not a situation where they are oblivious to the concept. However, Shakeel does not seem to have a positive view on counselling that is learnt in academia. He feels that the knowledge learnt in the academy does agree with an Islamic methodology in dealing with issues, as there are epistemological and ontological concerns. Hence, it is one thing implementing counselling, which a lot of them seem to agree with, but one needs to consider what counselling actually entails. The important issue in this case is that when dealing with an issue of domestic violence, a discourse on counselling takes place between different religious leaders.

5.11 IMPORTANCE OF PRE-MARRIAGE EDUCATION

One of the themes that appeared when analysing the different interviews was the issue of pre-marital education. The fact that religious leaders prescribe this, is an indication that they are trying to address the issue of marital conflict within the Muslim community.

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Umar indicates both couples should go for pre-marital classes or education:

When people come ask for Nikah, give them a three months or a six months… course in marriage, and all the Imams must refuse to make Nikah until you have received either certification or permission from the Imam... If you [are] not [ready], then rather do [not] perform that Nikah, but we all need to be on one page with that…. The problem that we encounter or the reason for the high divorce rate…is because men think they are the bosses, end of story.

It is noticed from Umars’s response, that patriarchy exists. For him, pre-marital counselling classes will not only address the issue of marital conflict, but also address how patriarchy contributes to marital conflict. In this quote, he does not mention domestic violence. Yet in his other quotations provided earlier, he indicated how patriarchy contributes to domestic violence. One can, therefore, conclude that his suggestion of pre-marital counselling could lead to the decrease of domestic violence. Similarly, Zaheer states:

We, as parents, get our children married. How many of us enforce [the idea of pre marital counselling], [where] both the husband and the wife or prospective groom and bride, go for classes? Classes do [not] mean sitting…in a Madressa class or something, [it means] going to someone who is experienced [and who will] sit you down, to explain [to] you the finer details of marriage. How to handle your finance, how to do this, if there is this problem… I mean in the…14 years, I think I can count the number of people, the youngsters who were sent by their parents.

Family systems theorists, such as Gelles (1985), point to how socio-economic status can influence domestic violence. Zaheer’s point on family planning points to these issues, because sometimes it is poor economic planning that can lead to violence within the home. Basile et al. (2013) also mention the importance of resources as well as communication skills. In their study in Texas, they found that men with poor communication skills were more likely to become emotionally abusive towards their partners. Job strain was likely to result in physical and psychological abuse. Imtiaz, who placed emphasis on the remedial approaches he uses, also emphasised the importance of marital counselling.

Muhammed: So when you are talking about remedies, if you can just elaborate on… the remedial procedures?

Imtiaz: Look remedial procedures would be to first identify what are the underlying factors. In many instances, when the case comes to us, it is already at the point of the abuse. We look at what would [are] the driving factors [that led] to….this marriage or this relationship to an abusive point and we start to address those underlying issues.

Imitiaz uses an example of finances creating marital conflict:

[For example]…[an] underlying issue [maybe]….the husband, is not contributing financially to the home... Is that what is driving the wife now suddenly to become verbally abrupt to him? …And is that what has now brought this marriage to a point of where physical abuse is acting out?… So in that instance, we would speak to the husband… we are finding [that] this very common amongst the youth today.

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He indicates that they lack basic skills to make a marriage work:

When I [say] youth, I am talking of those that are married now between the ages of 20 and up to 31. You will find that they do [not] even know how to do a normal simple basic budget for a month at home. Because they grew up in this lifestyle of just spend and we are going out to eat and I am going out for the weekend type of thing, because you grew up with that and then you fell in love with this woman in that kind of scenario so both of you, husband and wife, both came into a marriage with that kind of understanding. So now a simple thing like drawing up a budget for the month to say, this is what I need, for the entire month and this is what I need on a daily basis, is non-existent. And because that is not existent, the financial pressure that builds from that point leads to so many other different things which eventually come[s] to a point that the wife says well he can[not] provide for me. What you mean? Six months ago when you were getting married you looked at him, he was fine for you, you were fine for him, what he was earning, you people were happy. Six months later you are telling me he can[not] provide for you? the salary is the same, the job is the same, working hours [are] the same. What has gone wrong? …You will find that because there is no budget put in place... eventually spurs the thing to a point of violence.

Like other participants, he indicated the importance of pre-marital counselling:

Imtiaz: So now we get the youngster and teach him, that you need to learn how to do a budget, so we take them through a physical process and we monitor, to the best that we can.

Despite the support they provide to women and men, religious leaders have come under criticism. Various accusations have been levelled against them.

5.12. RESPONDING TO ACCUSATIONS PUT FORWARD AGAINST THEM

Thus far discussions on religious leaders’ support have been given. However, the likes of Abrahams- Fayker (2011) and Hoel (2012) levelled accusations against religious leaders. They have been accused of adopting a reconciliation at all cost approach, asking religious women to remain patient in the face of abuse and creating an intimidating environment for women when they approach them for help. These questions were put to them. The proceeding discussions discuss their responses.

5.12.1 Reconciliation at all costs approach

Boonzaier and De La Rey (2003) along with Hoel (2012) made reference to religious leaders using a reconciliation at all cost approach when dealing with the case of domestic violence. This question was posed to the participants. Umar disagreed with this view and argued that such an approach is wrong:

My view on that is that is rubbish. I do [not] believe in that. Reason being is that for that lady to come out, it takes a lot. For example, they have a problem in the house. The first thing is that she does [not] pick up the phone and right…and go public. She will sit… and get abused… until no, she can[not] take it any longer and then she will come out. Now the Ulema bodies or the people that are in charge, if they start judging people, just a matter of being a woman or bringing this forward, then we are totally wrong and we [are] doing things against Islam because

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Islam does [not] teach us that. I really do not stand for what you just asked me about a woman coming and, you know what, because she must go back home and she must make Sabr and things, I do [not] believe [in] that because the mere fact that she came out, there is a problem. So we need to tackle the problem, we need to go to the source of the problem and help them.

Ighsaan gives a similar view:

Okay, what happens is there I would say, I would agree [with] you to an extent, and I would disagree with you to an extent. I would disagree to the extent whereas an Imam, as a, a religious leader, you have a responsibility to do everything in your power to save the marriage. Where I would agree to you to the extent is that yes, some Ulema they [will] tell the lady to make Sabr and meanwhile, that husband is beating her, he [is] abusing her. Maybe not even beating her, he [is] verbally [abusing her]… and that is Haram… Islam is specifically clear that oppression is not permitted in any way.

Shakeel gave a similar view to Ighsaan in that there are some people who prefer to use a reconciliation at all cost approach.

Right, there [are] Imam[s] that are…blinkered, not in a negative way, it [is] only A and B and nothing else. Then you have Imams that are A, B, C. Then you have Imams that would have such an open view it is almost laughable .

Other participants said that you have to consider each case individually. For example, Amir stated:

If it was the first time…[the] guy just lifted his hand… You try to find out [what happened]. What happens in many scenarios, it [is] not condoning the men’s actions but… the husband comes home, and he feels all right, he needs to put a little authority, things are going a bit out of hand here. Understand, he [is] the shepherd of the flock, he comes in with a bit of a harsh tone to say hey, daughters, wives, I need you guys to understand, and sometimes… he says sentences, she says paragraphs. [In] heat of the moment, the guy lashed out…You understand, the wife needs to be counselled also in how to address him. Now you find a scenario where…this is constant…this woman is a victim of constant beatings, etc. No, you can[not] just tell her to make Sabr because…would you like your daughter to be beaten up every other day, become a punch[ing] bag every night for somebody and tell her… it [is] all right, man, be a sparring partner?

While Amir seems to be referring to cases where violence does not take place contantly, his view on a man being the shepard of his flock was concerning. There is no reason for someone to assert authority if there is no need. If there is a need, there is no need for him to raise his hand or be abusive in any way.

Some of the participants do not deny that some religious leaders use a reconciliatory approach. The above responses indicate that even if religious leaders take a reconciliation approach, it does not mean it is at all cost. Umar, Ighsaan and Amir stated that there is no place for domestic violence in Islam and one should not expect women to just tolerate such behaviour. The participants indicated that this approach is due to a number of reasons which will now be alluded to.

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5.12.1.1 Getting to the root of the problem and gaining an objective understanding of the problem

Participants indicated that it is important to find the root cause of marital conflict. It is also important to gain an objective understanding of the problem.

According to Zaheer:

So reconciliation, definitely the Quran tells us that you will definitely reconcile no matter what, because sometimes you will get a lady who comes in crying… I have been hit and my husband is doing this. When you sit with the husband, it is a totally different story. [It] is not going to be his story versus her story. When we sit together and eventually she will then say okay, …It [was not] [that] way. That time when she was emotionally high. So when…you generally first sit with both of them… we advise them individually and we tell them you know it is something that you can work on.

Umar provides a similar view:

It’s not a matter all right, go back home, let [us] reconcile. It [is] a matter of this couple needs counselling, and it [is] also not a matter of let [us] break up marriages. We do [not] believe in that, but what we believe in is let [us] go to the source of the problem, and then we tackle it from there. Then we take the approach and follow procedures as to how we [are] going to deal with the couple and their problems.

Ighsaan indicated that one needs to get to the root of the problem. Similar to how one needs an antibiotic to cure an infection, domestic violence is a social infection that needs to be cured.

Even if you find that ….something that is really bad, you still have to try, you see…[you] can break this marriage now, right, but then if you have [not] solved the problem, then that same problem will remain there and… you could find it in a different marriage. Like say, for example, now, you have abuse from the one… You break this marriage, and you do [not] solve that problem of abuse, tomorrow he [is] going to abuse someone else. And that is not what the object[tive] [is]. The object[tive] of everything is that listen here; you need to find a solution to the problem, not to just push it aside and to just get out of this problem and [move] forward quickly, understand?

Taufeeq supports Ighsaan on restoration:

In the sense that someone comes to you all beaten up and you now ignoring that act and you are looking at ways to overcome that act. The reality is this… what has happened, cannot be undone…You now…need to concentrate more on how to prevent that from reoccurring.

The point of getting to the root of the problem suggests that the participants are looking at the best interest of society.

5.12.1.2 Reconciliation is in the best interest of society

According to Ahmed:

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Gender activists will look at it from a particular aspect, and they will have a view of what must happen… but the Alim as a community leader, he will always find himself in a situation that okay, I have got to look… what [is] in the best interest of the wife, what [is] in the best interest of the husband, what [is] in the best interest of the children.

He elaborates further:

An Alim has a responsibility to Allah, he has got to look at it much more holistically and say right okay the woman views it like this but is it really like this? The husband views it like this, is it really like this? He has got to look at it holistically and say right what [is] in everybody’s interests? How do I balance everybody’s rights in this particular circumstance? And when dealing with case to case to case, how do you balance society’s interest also? And…that [is] in such circumstances reconciliation features prominently, but there is no reconciliation at all costs.

Ahmed feels that telling a woman to get a divorce would be easier for them and less time-consuming:

Actually, think about it, reconciliation is more taxing…on the facilitator… It [is] easier for an Alim to [say to] a woman [who] comes to him [and says] my husband is abusing me, there is the Jamiat office, apply for Faskh…. As an Alim where counselling is not part of his core responsibility, he is the Imam, you know he is the teacher, or he is the family Alim, this is hugely taxing in terms of time, in terms of [his] own emotions, because then you get accused you know[from] both sides… of… not being strong enough, or not being lenient enough and all those kinds of things. Why would you as a Alim put yourself through all of that hassle when a quick get out strategy for you is: he hit you, ask for forgiveness, he hit you go to the police station and report him, you know the story. I do [not] even need to listen to your story, and I do [not] need to sit for one hour of my family time… Like why would I want to put myself through the whole process listening to her story, verifying her story, listening to his story, speaking to her parents, speaking to his parents, look into the children? I mean… months of a person’s time and emotional energy will go and… well not all cases, but in many cases, even if there is reconciliation, you still end up being the bad man.

Taufeeq gave a similar argument to Ahmed, stating that the case will determine the approach that a person will use:

Let's assume…that…the mother or the wife has got a grade two…She effectively is …an orphan, she has [not] got parents, she has got two toddlers. Right… where would the greater concentration be? To try to resolve that problem, taking into account if you do not, you will have children who may end up because of circumstances perpetuating the same thing which… the father has done. Or try to resolve it, not necessarily at all costs but at greater length that you would normally… All right, so it depends entirely on what and how you interpret “at all costs”.

Similarly, Usman states:

So no person in his right mind at his first approach is going to say let’s annul the marriage. The first thing he [is] going to do is try and bring reconciliation. They [are] going to say okay, let [us]give it a month. If things do [not] work out, then we will help you with the process, to the extent the Shariah says. Let’s say after a month, the woman agreed to give it a shot and things did not work out, and the man refuses to give the divorce. In a case like this, the Ulema body, the scholars, will preside over the matter, and they will give the woman… the right and annulment of the marriage and they will tell the husband even if you refuse to give the divorce,

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we will prevail in the matter, and we will let this woman go out with her dignity. So that [is] the process.

5.12.1.3 Giving a divorce can come back and haunt you

Participants indicated that one of the reasons why they adopt a reconciliatory approach is due to regret on the part of those who ask for it in the first place. As a result, they, as religious leaders, are blamed. According to Riaz:

Because wherever there is Talaq, I’ve seen it 99%, 90% if not 100% there [is] always regret… that we could [not] make it work and I think that the biggest… victims in the whole thing are the children. So, we try and save them but [car noise] what [is] happening in the home we do [not] know. Sometimes…the girl comes looking like a Farishtay [angel] here, outside she [is] a, what you call…a devil, you know…. like once, one of our staffs told us, she said be extremely careful, because if you have to say that this thing cannot go [on] and sign the Talaq form, they will come and tell you, you broke our marriage.

Taufeeq also indicated that he dealt with one case where he thought there were legitimate grounds for divorce. However, upon further investigation, he found that the details provided by the woman asking for a divorce were not true. Usman also indicated that they do not want couples coming back and saying they were not given a fair chance to rectify their behaviour. Shakeel indicated that reconciliation can work, but sometimes couples do not want to see their faults which can be worked on.

Ighsaan indicated that he advises retributive justice to be sought through legal means. However, women refuse to follow this course of action, claiming they are in love with the abused, making it very difficult for him to intervene.

In Cape Town you [will] find the husband, he is abusing his wife, he [is] a gangster, he [is] on drugs, he drinks alcohol, and he does everything that [is] wrong. But that lady loves him. She comes to me, she comes to the Imam and she says that, Imam, this happened that happened, and he [is] so bad. [Yet] you go speak with him and if you say anything harsh to him then she [will] come and fight with you because she loves that man…. How do I help this lady when she… [is] telling me she needs help but she does [not] want me to do anything. So, now you need to show that this is the truth that you [are] saying. First, go make that case, go sign that… interdict.

5.12.1.4 There are limits to reconciliation

While a reconciliation approach is used, the findings suggest that it does not mean that religious leaders are lenient towards the husband. Ighsaan indicated that the first thing he does is, he asks the women who say they are abused, to open up a case at the police station.

The first thing I would say is, that listen…he [is] beating you… I need you to go to the police station immediately. This is the first step, whether you want to reconcile or not… [Tell the police]…. he has beaten me and he has abused me. So you need to make a case. She says, no,

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but he is my husband. That means… you [are] either… not serious…or you are not truthful. So, the first step would be, is listen here, we need to rectify that.

Usman had this to say:

Muhammed: I don’t know if you’ve dealt with cases of domestic violence, and you’re now dealing with…the issue of…a woman who is now abused. She comes to you, this is the problem, and in that one month, you say give it a shot. What do you [do] in terms of the husband …from your side as Ulema for the husband to change his behaviour?

Usman: So let [us] say it [is] an issue of drugs. Then you say, you rehabilitate the person, you give the person a chance. So that tomorrow, we do [not] say we did not give you a chance, and nor we do not say that for life, she [will] be your wife. No, we [are] saying we [are] giving you a month, get your act in order, if you do [not], then these are the consequences. So be fair on both sides…We do [not] want the woman to suffer for lifelong, nor are we saying throw the marriage away just like that. Let [us] give the man another chance, and in many cases, the person comes to his senses.

Zaheer gave a similar opinion:

If he has got drug abuse, substance abuse, he is attending our program. He shows, he is taking some initiative to change, but if he has got a ‘don’t care attitude’ then he is going to carry on … we tell her, listen we gave him a timeframe, we tried, you tried, so let [us] go on, you know...We give them timeframes, so in the two, three sittings… the husband made no effort to improve or as I explained to you, if there is any one of the three things which we confirm: drug abuse, any substance abuse, or… physical abuse and now also emotional abuse and the third thing we said if he is messing around with other women. If we find any of these three things, then those are grounds for divorce.

Boonzaier and De La Rey (2003) and Hoel (2012) give the impression that religious leaders are one- sided in their approach. They favour the husband. The findings do not suggest this. They use it as a first option, but not at all cost. Hassan (1988) indicates that the family is the bedrock of society. It seems that religious leaders are bearing this in mind as they are genuinely trying to solve a problem that requires a lot of resources on their part.

The above findings indicate a number of issues that religious leaders face. They need to consider the support networks available for women who bring the issue to their attention. Some women are dependent on their husbands. In addition, they need to gain an objective understanding of the problem. Sometimes what they are told by women who claim to be abused, is not necessarily the case. This is also confounded by their fear to suggest divorce because they are then blamed when partners realise that the relationship will work. Importantly, while a reconciliation approach is used, the findings suggest that it does not mean that religious leaders are lenient towards the husband.

The above discussion indicates the important point made by George and Stith (2014). These authors indicate that one cannot essentialise the experience of patriarchy as a universal experience. Women

182 coming from different backgrounds will experience patriarchy differently. Using the opinions of religious leaders, it seems that women’s experiences are different. Taufeeq pointed out that one needs to understand the socio-economic status of women. Umar made reference to the immense courage women need to conjure to ask for assistance. His view on the fact that abused women need to be assisted, should be praised and interrogated. His view sheds light on how difficult it is for women who are abused. It seems as though some of them are in a societal prison, struggling to remove themselves from psychological solitary confinement. A position they find themselves in because of the patriarchal system they have to face on a daily basis. In this instance, points made by feminist theorists such as Rassol-Bessadien and Hotchfield (2005) whose argument that domestic violence is isolated to the family, is relevant. Umar’s emphasis on the courage shown by women when they report abuse, gives the impression that this individual, even though she is abused, is deviating from a social norm by speaking up. Therefore, it seems that domestic violence is still viewed as a private matter as pointed out by feminist theorists (Dobash and Dobash, 1979; Rasool-Bassadien and Hotchfield, 2005; Rasool, 2012). Therefore, while Ighsaan may get frustrated with women who do not want him to tell their abusive husbands anything because they claim they love him, it is possible that the context they find themselves in prevents them from doing so. Perhaps as Mogstad et al., (2016) point out, they perhaps blame themselves and are worried about what society will think of sending their husbands to prison.

Therefore, one needs to consider other factors with which patriarchy intersects. It is not that religious leaders are unaware of this situation. When Umar says that it requires courage for a woman to speak out, and Taufeeq indicates the importance of bearing in mind the economic position of women, it indicates that they are aware they are a part of a society that is patriarchal. However, they do not only rely on retributive strategies. They combine retributive and restorative options. Reconciliation as a restorative approach is used in conjunction with retributive options such as timelines given to husbands and reporting the husband to the police. These tactics are used to navigate a patriarchal context where one needs to consider the women’s support, if they were to get divorced. Importantly, it is about getting to the root of the problem instead of only treating its symptoms.

5.12.2 Patience: virtue or endurance of pain

Patience was one of the issues that came up in the literature. When Muslim women would approach religious leaders, they would be told to have patience. In one instance, a husband sent his wife out of with her clothes “ripped off” and almost naked. When the family approached a religious leader, they were told to make Sab r(Radio Islam, 2014) . This scenario was posed to religious leaders, and their views were asked on this. Umar stated:

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Again, I really [do not] believe in that. I do [not] believe in injustice; I do [not] believe in unfairness, especially where the wife is concerned. If again, if there are problems… like I say, it takes a lot for the wife to leave the home…and say listen here, I need help, and that is after so much abuse that she will come out. Another thing is this approach of Sabr, it does not work, and it is not fair on the wife, …you know, she [is] a woman and a female. So now what we do is that now we take advantage…[of] them. [They are told] you go make Sabr, you got no say. It does not work like that, and what happens in most of the cases, the previous questions that you asked me is that, I [am] just thinking of that, you [will] find that women, they go from one place to the other, from one Ulema body to the other, from one Imam, from one Sheikh, from Alim and all these things. Sometimes they end up to four or five or six of them, but… [they do not] find they [are] helping them. Instead [they are] criticising [and]judging them.

Umar’s views are important to reflect on. He does not agree with asking women to keep working on a marriage where they are facing a barrage of abuse. Importantly, he is not dismissing the points made by Boonzaier and De La Rey (2003) as well as Hoel (2012) who indicate that women are told to keep trying hence pushing through the issue of reconciliation at all cost. Similar to Umar, Irshaad stated:

If a man is beating his wife, you do not tell her to make Sabr. She must get help and she must get a message through to him and she must separate from him, she has to. I mean if I am in a conflict situation, I do [not] stay there. I either move away or I move the person away, one of the two.

Not all participants were happy with this scenario being put to them. Abdur Rahman reacted in a hostile manner:

This is really unscholarly on your behalf… You know I mean that now [is] a loaded question and for you that [is] a person who is doing a doctorate or a dissertation, a thesis.

Nevertheless, he agreed with the other participants who indicated:

But you can[not] say…oppression must now be overlooked. Sabr is good, but it does [not] mean that you allow the trans[gression] and oppression to continue.

Ighsaan indicated that such advice is morally deplorable:

My response would be to that Ulema that… would say that, [will they] give that same response if that was their mother or their sister. Unfortunately, we live in that… age where people are so selfish…they worry about themselves and they do [not] care. You know, I remember when I was studying, my white teacher told me that you are serving a community, or you are serving people, if you cannot feel what they [are] going through then no, you do [not] belong there. And if I see something happen like that and I do [not] stand up for [her], then I am just as guilty of doing that…Whatever she might have done, it has to be sorted out Islamically, you can[not] do that.

He provides a real-life example of a case he dealt with to illustrate his view:

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But for example, a case came to me about a man that refuses to give his wife Talaq. They [have] had their fights… and they [have] split, they [are] not staying with each other, two years he does [not] want to give her Talaq. [Coughing] Spiteful, out of spite, that look here now, you are not going to go on with your life, I w[ill] [not] give you your Talaq.

Like Umar, he acknowledges the point made by Boonzaier and De La Rey (2003) and Hoel (2012) that some religious leaders adopt an approach of asking women to withstand the abuse.

Ighsaan: And unfortunately we have some narrow-minded Ulema… that says no… she has the [no] right to get a Faskh. No person can put their life on hold… [Cuttlery being dropped]. Who am I? What right do I have to do that to you? No, and that lady has to be helped and she has to be given her Faskh. Look if you want to be with her then take her [and] be together, work things out. You [are] not there to punish, are you Allah? You can[not], you do [not] have the right to do that. And people abuse that right.

Shakeel agreed with Ighsaan on this point, arguing that such behaviour cannot be condoned. People will not throw their dogs out of their homes, and they should not even treat their dogs in this manner. Later on in the interview, he deals with the issue of the meaning of Sabr.

5.12.2.1 What is the meaning of Sabr?

Shakeel argues that when women are asked to make Sabr, it means men must do their part to make the marriage work. It is similar to a plant, which needs to be nourished so that so it can grow and survive. According to Shakeel:

I pose the question to you, we have to discuss what is Sabr. Sabr is not just patience. Sabr is that when you find that there is an effort being made, but waiting for the results of the effort, that is Sabr. But now we find no effort is being made, but I am telling you to have patience. Right, how can I have patience on nothing?

He elaborates further:

But if she knew right, Sabr is…when we plant the seed now, we will wait for it to germinate and eventually for it [to] bear fruits. But that is Sabr, but we have to plant… So now there is no planting happening but we must [have] Sabr.

Muhammed: So, from what you are telling me…when we tell her to make, correct me if I am wrong… [intervened].

Shakeel: We are abusing her… [laughing].

Muhammed: Okay, so it [is] sort of like we are telling her make Sabr…the man is not making that effort to… [intervened].

Shakeel: We are exploiting something for our favour.

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Shakeel is implying that one needs to be steadfast. When there is a problem, it is important for an individual to maintain a strong personality and try to find a solution. Similar to how a plant grows, it is important for both partners to work on what is wrong for a solution to germinate.

Similarly, in Ahmed’s view:

You know this “have Sabr” thing is, is technically correct but in terms of its interpretation, it [is] wrong. You see there is different circumstances, have Sabr in every situation, the words are the same but the context and the interpretation is different… You know it [is] the tone and the context, everything, the meaning changes. The Alim will not tell a lady that have Sabr in [the] sense of turn the other cheek, go back and get more hiding and have Sabr.

Similarly, Amir indicated:

If somebody near and dear to you passes away, everybody who comes says the same thing, make Sabr... It [is] just rhetorical, nobody is thinking about it. When his own shoe got stolen in the Masjid, did he go [make Sabr]… And he [is] telling you to just shrug off a loss of a loved one, whether it [is] your parent or your sibling or your own kid, you know. So it [is] very easy to say argh, make Sabr.

Other participants indicated that Sabr means they need time to find out what the problem is.

5.12.2.2 Sabr also means lets follow due process

Usman tries to offer a less emotional and balanced opinion on the issue:

Sabr is required, and again we [are] saying, uh you can[not] throw your marriage away for every trivial matter. There has to be some threshold. Otherwise, there [will] be no union in the world left. Anything happens, I[am] divorcing, I [am]walking out, I do [not] want to stay anymore. Now, what [is] going to happen to the fabric of the society? At the same time, when we [are] saying Sabr, it means, [follow] what the Shariah wants you to do, follow the process, go for counselling, go for educational programmes. If after following the necessary steps, then Allah also does [not] want you to stay in that marriage, and that is the beauty of Islam.

Amir also referred to due process:

Even in my drug cases, if a patient comes in here… they would actually make you believe they [are] the victims. I [have] had girls who [have] come in here and showed me bruises all over their body and told me how their parents are abusing them and that [is] the reason for their.. abuse of drugs and chemicals… Sitting with the family and …the parents and the external family,…quite a different picture or scenario was…painted. I mean…after three or four sessions, actually my assessment was that this is a spoilt brat, she [has] got everything, that.. she just snaps her fingers and they [are] providing, and this is from her escapades outside that she comes back beaten and bruised.

Zaheer also referred to the process that needs to be followed:

So they came to us and we took it to a point where we tried to assist in mediating and helping and coming to a point, okay we got no joy, they came to a point of Talaq the husband do[es]

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[not] want to issue Talaq no problem. The next step is, we fill in a supporting document for him, it [is] the lady who wants it, a supporting document saying listen we have sat extensively with this couple, this is our findings, and this is what we have…done.

Ahmed said that family members need to understand that similar to court proceedings, one cannot expect a divorce to be given instantaneously. Investigations need to be conducted so that due process is followed.

Ahmed stated:

No, that is not the meaning of it. But let’s say hypothetically, the wife, the husband is abusive, she tried to speak to him, his family tried to speak to him, her family tried to speak to him.. the man is not changing, she wants out. Now there is a particular process. And that process cannot happen instantaneously as much as the victim would like it. And again it [is] a fact of life. If.. you steal a cellphone of mine, I want instant relief, I am not going to get it… If I go to the police station, as much as they will believe me to be the victim, they believe my story, [and] they do [not] believe your story, I still have to fill in the paperwork. Right, they still have a legal obligation to investigate. They have got to come and see you, they have got to hear your side of the story, they still have a legal obligation to weigh the evidence, so even though the police may be my own father, who is not going to distrust what I am saying that…this man stole my cellphone, but in terms of the interest of society, there has to be due process. And due process takes time.

Similar to Ahmed’s view, Taufeeq stated:

But let us look at the principals involved… the correct principle [to] ascertain facts. Okay, and let me give you an example, we have received an application for a Faskh, and I looked at the application, and I thought… this matter is over within a week. Within a week… we can issue that Faskh, but policy demanded that we follow the process and procedure… After following the process, we found a completely…. different scenario.

Taufeeq further elaborated:

If you follow process and procedure. And let me give you a typical example. Uhh in the court of law, I have got a problem with you. Will the court… just decide?… There is a process. You have got to issue a summons.

From the different responses given regarding this advice, it important to consider the point of view of where the religious leaders are coming from. They have to ascertain whether what is told to them is true; hence, they follow due process. Sometimes, as Amir and Taufeeq pointed out, they find that women do not tell the truth when they claim to be victims of abuse. They do not agree with the view that a woman needs to stay in a relationship and bear the pain as indicated by Boonzaier and De La Rey (2003) and Hoel (2012). As Ighsaan and Shakeel indicate that asking women to remain in an abusive relationship by being patient, is morally deplorable and is a form of abuse in its own right. Such views are in line with the concept of spiritual abuse as suggested by Gilad (2014). Mogahed (2012), a renowned female spiritual speaker from the USA, addressed this issue in the context of

187 domestic violence. She indicated that the term Sabr has different meanings. It can mean patience, but it can also mean to stand firm. In the context of domestic violence, it does not mean a person should accept the abuse in the name of patience. Ighsaan says that if he cannot help people in the community, then he is not in the right profession. Abdur Razaaq and Umar both indicated asking women to have patience is wrong.

5.12.3 Consult the right people: You wouldn’t go to an unqualified doctor

Many of the participants argued it is important to consult the individuals who are experienced in dealing with issues such as abuse. Like other themes, this theme indicates that it is useful to look at domestic violence from the point of view of religious leaders. According to Riaz:

You need… [to] approach the correct people…in Persian it goes, [Persian 00:51:15]. The half doctor will put your life at risk; the half scholar will put your Imaan at risk. This is something that is…so clear, so brazen…. maybe the person is not in the right field. You might have, an, an Alim who is an academic. So, he [is] so busy with his academic studies of learning and teaching that he [is] not involved with [the]community. If such a situation had to happen, in this case, it was brought to Nabi (Prophet Muhammad) (SAW), how would he have reacted? And with closed eyes [he will] tell you, right?

Riaz seems to be suggesting that things are not as simple in contemporary society:

So, there are those, you know, who are black and white. I do [not] think black and white works any more in anything. In a simple thing like Halal and Haram Fatwa [ruling on a specific issue (Encyclopedia Britannica)], there [is] no more black and white. Everything requires research; it requires study; it requires in-depth analysis before we can put anything across. And.. I think that [is] something that needs to be checked.

In addition to going to the right person, means going to someone who is experienced and qualified in dealing with such issues.

5.12.4 Go to someone who is experienced

Experience is something which was considered important to some of the participants in dealing with the issue of domestic violence.

Imtiaz stated:

And this is why I say, in life, and Alim is an Alim. But a practising Alim will have experience [and] it makes a world of difference… An…Alim that [is] young graduate that [is] associated himself with a senior Alim, that [is] constantly working, will gain experience. Unfortunately, the fraternity of Ulema have this [view] in them that once I have got my certificate on the last day of my Jalsa (graduation to becoming a religious teacher), I am the man that you can come to me for anything. But you have got no experience whatsoever.

Similarly, Igshsaan argued:

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There [is] so many books written in every subject, but that [is] all theory. And once you [have] learnt that, and this is why there are so many Ayaat (Verse of the Quran), there [are] so many Hadith that speaks about how you must be with people. Once you come now into the real world, and now you [are] dealing with people, you [will] find that you [will] never get any Mas’ala (religious precepts) that is exactly like it is in the textbook. Everything has its own dynamic, everything has its own circumstances. So now you have to be able to apply that knowledge, and that is very difficult if you do [not] have, not only experience, but if you did [not] go and learn something, or went to some courses or some way to learn to work with people.

He emphasises the importance of a religious leader within a community he is serving:

The Imam o[f] the Masjid of the community, he [is] supposed to be that link between the application of the Deen [Justice] and the normal person in the street.

In alluding to the issues of divorce, Imtiaz also mentioned the importance of seeing someone who is experienced.

But many a times people…women folk especially, if they go to Ulema, or should I say experienced Ulema… That makes a world of difference. Then they will get the necessary guidance whereby they would be taken through a series of different remedies to remedy the situation they have.

Similarly, Amir argued:

Absolutely. You want to deal with matters of marriage and marital problems, go to someone who [is] seasoned in that, someone who has experience in that.

Amir also pointed to experience:

Let’s take this scenario, right. We use the term Ulema loosely, right. Now I give you a scenario, there [is] a lightie, he [is] a bit naughty, he [is] a bit , you know, lazy.. he [is] failing Standard 8 for the third time…. So we take this fellow out, a problem child, put him in a [Darul Uloom], he [is] there for six years, he does his thing. Suddenly, he comes out. Now understand okay, he was accused number one all the time, he was the naughty fellow, he was used to being scolded [chuckles] and reprimanded, etc. Now he comes out and suddenly, everybody has got him on a pedestal… Moulana, now to ask you a question, this happened. Suddenly, he [has] the authority, you understand. Now this guy failed Standard 8, he went into [Darul Uloom] at 16, he spent 6 years there… With all due respect, the man has not even seen a grown woman naked [chuckles]. Do you understand, let alone getting married… Suddenly, people are coming to him for marriage counselling. What experience does he have, he [is] come out of a hostel for six years, he [has] been surrounded by men only for six years? He’s coming out and trying to tell a 42- year old how to deal with a woman, and they [are] expecting him to have all the answers because he [is a] Moulana. I mean come on.

Thus far, all the participants indicated that it is important to go to someone who is experienced in issues of domestic violence. This is an indication that there could be structural issues where there is knowledge about who specialises in these issues. There seems to also be an expectation that religious leaders should be knowledgeable in all areas of expertise, which for the participants seems to be impossible. Shakeel, however, did not agree with this view:

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Again it comes to that classical situation, what is experience?...How do you define experience?... because what happened is that experience could easily be a person that has been …doing this for ten years… What if the person has been [giving wrong advice] for ten years?... Then you have experience, negative experience.

Therefore, experience alone is not sufficient. It is important to go to someone who specialises in domestic violence.

5.12.5 Seek assistance from religious leaders who specialise in the field of domestic violence

Amir uses his experience as a person who counsels women who are substance abusers to make his point.

We [have] never…equipped and made them ready for this, that when they come out, people are going to come to you with these type of problems…. I mean for example,…some lightie came here walking to some Masjid. There [is] an elderly Alim there… he goes to the guy and says listen, man, ..,you know what, I got a problem with these beans [slang term for drugs]…the Maulvi (Indian term for religious leader) has never heard street names like green beans and blue beans. Understand what I [am] telling you, he is thinking the guy has got an upset stomach, he had too much baked beans [chuckles], you understand what I [am] saying…I myself, who [is] doing this for 12, 15 years now, I understand what is Rohypnol and Rivotril and syndol and what [is] the benzodiazepines, and I know exactly what the guy’s problem is because I [have] got into it.

Riaz makes the similarity between a person becoming a religious leader and becoming a doctor to emphasise the importance of experience:

The general Alim course that a person does in six or seven years, it [is] like a GP’s course, right? And then after that, a person will specialise in [for example] cardiac and pulmonary. In… Shariah also, you know, when we came out….we were raw.

In addition to experience he also mentions specialisation.

To become a good teacher either in a Muslim school or in a Maktab [Indian Linguistic term for vernacular class] or anywhere else… some Ulema have gone into university in Islamic studies and lectured also…is a separate thing. When it comes to community issues, it [is] a separate thing… if it [is] a drug-related issue, to tell you the truth I can counsel a person on Taqwa [character], [unclear] and abstaining. But we know that…addiction cannot be treated with abstention. When it comes to counselling it [is] a separate issue again, when it comes to marital issues, it [is] a separate issue again. And this will come either with experience, or with dedicated people being in a dedicated space.

Abdur Rahman, who worked for a local radio station, indicated that he refers people to others when he cannot help:

But sometimes it does [not] work, so we tell them that you know you better go and consult your local Ulema and if I know a reliable Ulema in the town or so forth, or city, we will even tell

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them that which Ulema to contact, we will assist them and then we tell them that go to your Jamiats or you know which organisation.

Umar indicated that going to a person who is not qualified could create serious problems:

Yes, I agree with that. You see, mostly what happens, how do women get helped, how do they go seek help? Functions, [and] gatherings of women. So the friend [ may say]… I need to see that Imam… [the other friend will say] he helped me, you must go there also, here is his number. So the word-of-mouth is very effective and is powerful because… I believe what you [are] telling me. So what happens in that case is that she [is] not worried about qualifications. All they [are] worried about [is] I need help…The danger of going to non-qualified people is that it can make the situation worse, it can create chaos in…the house instead of creating peace and harmony…. It might end up with people losing their lives, people losing, you know, the marriage... So it is dangerous. Rather you go to people who are professional, qualified and then you [will] get the right guidance.

The above theme highlights the importance of going to someone who is experienced. The themes highlighted thus far indicate that not all religious leaders adopt a patriarchal ethos. They create a perception that Muslim women sometimes seek advice from the wrong religious leaders. The participants themselves point out that if they cannot assist some women, they then refer them to particular organisations. The issue that one has to be cogniscant of, is that women have been going to organisations for assistance. This is perhaps something that organisations need to consider. Boonzaier and De La Rey (2003), as well as Hoel (2012), indicate that women approach reputable organisations like the Muslim Judicial Council. Yet the advice they receive is not helpful and is patriarchal in nature. If Muslim organisations are to rid themselves of specific myths, it is important for them to make sure that religious leaders who are dealing with this issue of domestic violence are not only experienced, but are also specialised. As Shakeel pointed out, experience does not always mean receiving competent advice. At the same time, reflective thinking is required. Even if they are specialised and they have good intentions, religious leaders themselves are limited in terms of the resources they have at their disposal.

5.12.6 Limitations of what they can do

According to Ighsaan, religious leaders need to assist women whose ceremony they performed:

If my daughter gets married I [am] supposed to…perform the Nikah because that is my duty. So, if there [is] anything that happens in that marriage, any problem, the lady must be able to go to the one that performed the Nikah and she must be heard because he.. represented her in that Nikah….He has to protect her interests. So she has to be able to come to the Imam that performed the Nikah and say that, Imam, there [is] this problem.

However, other participants indicated that they, as a fraternity, have only limited power in our country. Abdur Rahman stated:

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But here, so we would advise that person, that [is] why I told you…we cannot implement anything. We are in an advisory capacity… If we start telling him we are going to impose a fine upon you or imprison you, he will…first of all go straight to the police and the press. And we will be the people that will be considered guilty.

Similarly, Ahmed indicated:

The Alim will advise, and he can only advise, he can[not] impose, he says to the wife, look you are going to have to make the decision for yourself.

He further alluded to this when answering another question:

The Mufti will write a Fatwa and give him, and my Fatwa is you are wrong, and he can spit in your face, and he can throw your Fatwa in your face and even walk away.

According to Abdur Razaaq:

The first thing is I think that…as an Imam, you [have] got very little power, right. What you should do is now if that is the case, then you should go to the law, go to the police and this person should be reported and if you send a police letter… You see because there must be law enforcement because he [will not] listen to the Imam... Some places where you go and exert your pressure. I had a guy on this table, he put a gun there, you know…Religion is one thing. It can only advise, and it can only tell you what Allah says and what the religion says. In terms of imposing the law, only the state has that clout and that authority.

Similarly, in the view of Umar:

That is the family courts and things like that because… husbands are very arrogant… Another example of yesterday, we had a husband giving the wife three Talaqs. So he says no, who are you to come break up my marriage, I [have] done worse things than this, before then, there was nothing wrong, there was forgiveness, I had a lot of children outside, I committed Zina (adultery). So now you’re telling me my three Talaqs… the marriage is over?

Amir has a slightly different opinion, stating it depends on the situation:

Ah, he [is]… a guy who [is] more worried about this reputation of his. That hey, you know, Moulana’s going to think… I [am] a monster you know… So, what I’m saying, it comes down to personal style again. [An]other guy could [not] care less, man.

Amir mentions personal style. To a certain extent, this becomes relevant when one looks at how Irshaad deals with domestic violence. Irshaad threatens men in his mosque who abuse their wives. He tells them that he will beat them up should they lay a hand on their wives.

If I ever hear anybody in this community beating his wife, I will find the two big, I have got.. three brothers in my Masjid, four actually, they are professional bodyguards. One was trained by the White House as well. Bodybuilders…and I said I will bring these guys to your house and I will give you a hiding of your life. You will never forget it, and I will throw you in jail and you will spend a weekend with some Nigerians and then you will understand who is who.

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Even though he uses violence to contain abuse experienced by Muslim women, one can see that even in this situation, the limitations become apparent. Riaz made mention of frustration and feeling the need to use violence:

You know, there were two or three cases in Boksburg I dealt with…as we speak …They actually now out of anger says that we need a group of gangsters. And tell them, you know what?... go break his legs.

Irshaad and Riaz are frustrated because they lack the legal authority to condemn an abusive husband. Earlier Abdur Rahman and Abdur Razaaq indicated that they can only advise.

While religious leaders have come under criticism, one must bear in mind the limitations they are alluding to. It is evident from the above that one cannot ignore the fact the community is patriarchal. Similar to Rasool’s (2012) point on how men take advantage of women lacking support, religious leaders’ views on how they are viewed by abusers, indicate that they are also being taken advantage of. Abusive men know religious leaders have no legal recourse, so they do not take them seriously. While Irshaad’s emotions can be commended, one cannot ignore what Abdur Rahman says. Were Irshaad to go and physically reprimand the abuser, it is possible that he will end up in jail. Again the integration of the feminist theory and the family systems theory must be mentioned. It can be argued that domestic violence is occurring in the Muslim community because men know that religious leaders cannot do anything. Knowing this allows them to continue their abusive behaviour. This is also relevant to a branch of the family systems theory: social exchange theory. The social exchange theory suggests that individuals continue with behaviour if the benefits outweigh the costs. Gelles (1976) argues that in New Hampshire, police did not provide adequate support to women, implying that this allowed men to continue with their abusive behaviour. Religious leaders who participated in this study indicated that it is not a case of their not wanting to assist. However, their limited abilities allow husbands to continue with their abusive behaviour. What was surprising was both Abdur Rahman and Irshaad were against the legalisation of Muslim Personal Law, especially after Abdur Rahman has said they are limited in terms of the use of the law.

5.12.7 Views on Muslim Personal Law

The previous two themes indicated two important issues. Firstly, religious leaders indicated that sometimes women go to the wrong religious leaders who lack experience and specialisation in dealing with marital issues. Secondly, the religious leaders themselves are inundated with performing multiple duties. Importantly, they are in advisory position when they lack legal authority. In such a situation, Muslim Personal Law seems to be a perfect outlet in overcoming these challenges. Ebrahim Moosa (2010), as well as Dadoo and Cassim (2012), indicated that there is a difference of opinion

193 regarding the legalisation of Muslim Personal Law amongst different religious leaders. On the one hand, there are ultra-conservative leaders who consider the legalisation of Muslim Personal Law in South Africa to be un-Islamic. On the other hand, there are those who adopt a moderate approach and are in favour of it. The data gathered for this study clearly reflected this division. There is a feeling by some participants that Islamic law cannot be intertwined with South African law.

5.12.7.1 Islamic law and South African secular laws cannot ‘mesh’

Umar, Irshaad, Abdur Razaaq and Abur Rahman indicated that they do not agree with Muslim Personal Law.

According to Umar:

Muslim Personal Law, yes, there are [a] few good points, but…[what] I am not happy with is that they want to put the court in charge of what needs to be decided in a marriage. For example, [it] give[s] the wife the right to… come and just ask for a divorce and things like [that] and put[s] the judge and the court of law…in place of the Quran and the Sunnah. If you study Islam properly, then you [will] find that a wife has more rights than a man, but we do not exercise it. They do not know it, and if we practise it and we implement it, then you [will] find that we have a much better Muslim community. But the problem that we have is that we have too much of …. [The] Western…way of life…incorporated in our life… We have Allah, we have the Quran… There [is] nothing else that we need. We do [not] need a judge to overrule all of that and to tell us what we need to do.

Irshaad supports Umar on this view:

Personally, I am not [in] agreement with that right, because… it [is] not fully representative of Islam. Okay, it comes with clauses that in my opinion basically… it seems like it [is] a kind of a scam you know, to appease the Muslim masses that we are concerned for you… but ….what it actually comes down to is, you have got the non-Muslims trying to run the Muslims law in their country and apply it to them.

In his view, the state does not regard Shariah as valid, so how can they decide on matters relating to Shariah:

Similarly, when it comes to the issue of Halal and Haram, they do [not] believe in the Quran, they do [not] believe in the Hadith, they do [not] believe that Islam is the final religion, so then on what pretext and on what grounds do you then want to come an apply the laws, taught to us in the Quran and Sunnah and by Allah as Muslims, when you do [not] even believe…they are valid…There are clauses in…Muslim Personal Law that are against Shariah. I mean things like ..they want…woman [to] have the right to divorce their husbands freely. Now, [a] woman can come and…say that I do [not] want to be married to this man anymore and I can go and file for a divorce and that [is] it and it will go through the court…[a] non-Muslim judge will then decide that it [is] over. You can[not] have that.

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Abdur Rahman agreed with this view:

It's a waste of time. It can never happen because the people who are promoting it have a hidden agenda. And the hidden agenda is they want to become magistrates and judges, so I call them ‘scholars for dollars’. They are selling the dream… If a person wants to commit fornication and adultery then it is permissible according to South African law, but if you were to take a second wife then he has to pay a penalty. So what Islamic law are you talking about?

Umar and Irshaad give an opinion based on Islam based on a society that was traditionally Islamic, where Muslims follow the Quran and Sunnah. However, even by their own admission, they themselves acknowledge that Muslim men are not adhering to Islamic law. Abdur Razaaq gave a similar opinion to the preceding participants:

I do not want to say that the Quranic law is subject to the South African Constitution… I [am] not in favour of that, but there [is] another reason why… There are a lot of things in the Constitution which are contradictory to…Islamic law. For instance, if a couple comes, as a marriage officer, you are compelled to marry people of the same sex.

Unlike Umar, Irhsaad and Abdur Rahman, he provides an alternative:

What you do is make a contract, right. On the reverse side of Nikah, you say right, these are the conditions and… if you [have] got a problem, you must go for…arbitration. Then jointly with the South African Marriage Act [of] 1961, I see it completes the whole thing. So this is complementary to each other. You make a good contract.

The above example indicates the importance of the point made by Dadoo and Cassim (2012). The decision to ask non-Muslim judges to deal with Muslim Personal Law seems to have triggered a negative response from those who were in favour of Personal Law. Umar and Irshaad’s responses seem to be pointing in this direction. At the same time, they themselves point out that they are limited in what they can do. Abdur Razaaq indicated he was once threatened with a gun while in a counselling session. Abdur Rahman pointed out that if they use any force, they will be viewed negatively. Umar pointed out that he refers victims to family courts. Therefore, there seem to be contradictions in their own taught patterns. Other participants acknowledge these difficulties. Yet they feel that despite these difficulties raised by participants who do not support Muslim Personal Law, there is a place for it in South Africa where it can be of use.

5.12.7.2 Use what you have and make the best of it

While there are those who disagree, there are some who are of the view that it should be used. Ahmed, Ighsaan, Usman, and Zaheer are in favour of Muslim Personal Law being legalised. Ahmed understands why those like Irshaad and Umar do not want Islamic law to be legalised. However, he calls for a realistic view to be adopted:

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The point of departure here is that there are those who say, well if you are not getting 100% Shariah compliance in Muslim Personal Law within a secular state, then you must abandon it altogether because down the road it [is] going to create confusions where people…are going to assume [something] to be Shariah, whereas it is not… Because it [is] done in the name of Shariah. And it [is] a valid argument.

Ahmed is not disputing the argument made by the previous participants. However, he argues there is a stronger counter-argument, which in his view, is more realistic:

But there is another argument which is equally valid and perhaps, in my opinion, a bit stronger; we will say..hold it. You have got to be somewhat realistic, you are not living [in a Muslim country], and the Shariah law within the courts is going to develop whether you like it or not. Either it is going to develop in a structured way where you have a Muslim Personal Law which is adopted and is made part of the framework or ring-fenced, it [is] not going to be 100% Shariah compliant but… you are going to get a lot out of it, which is going to be in compliance with Shariah. On the other hand if you do [not] do it, it does [not] mean nothing is going to happen, it means that each judge is going to come to its own ruling on different opinions, different circumstances, creating legal precedent[s], all over the show, and you going to get “hodgepodge” of what is then going to be anyway, a kind of default Muslim Personal Law.

Ighsaan gave a similar view to Ahmed:

Personally, actually I spoke to one friend of mine, he was involved in it. And I know we have two sets of Ulema that are debating very openly and very publicly, which is very wrong, firstly. My view on it is that listen, it would be better for us as Muslims to have something that is 60 or 70% correct that can help us, than to have nothing at all. Nothing in this world will be 100%.

Zaheer stated:

Muhammed: But would it help in the case of domestic violence?

Zaheer: Muslim Personal Law? Definitely it would help. Yes, I mean there maybe, I do [not] know how it would work but if they could draft it, I mean the three conditions we mention all the time; if you see there is physical abuse, she immediately qualifies for the Talaq, maybe they could pass something like that, and that is from Shariah, that [is] not from anywhere else.

Yet he goes on to say that the law will only be successful if people adhere to it. They will look at what benefits them. People will only adhere to Islamic Law if they internalise Islamic norms and follow these norms.

Taufeeq is in support of the Muslim Personal Law, but opposes the use of a non-Muslim presiding over the case:

UCCSA has gone through a major process in…their submission and we went through a major process as well… We were trying to marry the Shariah aspect with regard to the legal aspect, but…there are some areas… of concern… which we are not willing to negotiate on… I will give you one example of that…we cannot expect a non-Muslim judge to pronounce on something with regard to Islam…when he is not equipped to do that…

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Despite all the religious leaders who participated in this study, agreeing that domestic violence is clearly not allowed in Islam, the results clearly agree with the available literature (Moosa, 2010; Dadoo and Cassim, 2012) on Muslim Personal Law. There are scholars who agree that it is important to use Muslim Personal Law. They would be classified as moderate. While others feel it cannot be combined with the laws of the country. The worrying aspect in this situation is that those who are opposed to Islamic law being legalised, are also the same participants who indicated that their role is one which is of an advisory role, and they are limited in what they can do in terms of bringing the abusive husband to order. Abdur Razaaq clearly stated that a husband, in the previous theme on the limitations they face, threatened him. They advise women to go to the police. Why then do they not want to work with the state when the matter would provide them with more legal authority? The same police whose assistance you are seeking, represent the state and are accountable to the state on issues such as homosexuality with which Islam does not agree.

5.12.8 Female support to victims when consulting religious leaders: Help or hindrance?

Abrahams-Fayker (2011) and Hoel (2012) indicate that men dominate religious organisations, which deal with domestic violence. Hoel (2012) indicates that women feel intimidated. Religious leaders agreed with this view and stressed the importance of women assisting to a certain extent.

5.12.8.1 It is of utmost importance to get women involved

Contrary to the literature, participants indicated that it is important for women to be involved in dealing with domestic violence. Abdur Rahman agrees with the view that it is women who should be involved.

Abdur Rahman: Issues regarding women, it is better that we have women in charge, but anyway if you are asking generally do we have such infrastructure, no we do [not] have such an infrastructure. Are you asking should we have it? Yes we should have it… But we do [not] need half-baked ladies. You need those who are properly qualified also in that field.

Like Abdur Rahman, Amir also stressed the importance of women having female support:

First of all, she [is] traumatised…Number two, she [is] going through something…very major in her life. This is a bold step for her to come forward and approach. So we need to try and… make her as comfortable as possible, try to make her calm down, make her feel that… she [is] able to say what she wants to say without being judged.

Ighsaan shared Abdur Rahman’s and Amir’s sentiments:

I know very respected knowledgeable people there, and I [have] got respect for all of them, but I have found that listen here, when a lady approaches them for… a marriage problem, she is treated in a manner that listen here, what [is] your problem? She [is] not made to feel safe or made to feel secure that listen here, let [us] hear, you have a problem, let [us] try and solve it.

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She [is] intimidated in such a way that she has to hear, listen here why are you coming here, what do you want, are you trying to do something wrong? You understand? The perception is like that, and that many times I found it here in Johannesburg, ladies are scared to approach them because they are only, yes besides only males,… these are the people that are leading the Ummah. And they feel not only intimidated, but they are treated in such a way where … they do [not] feel safe. They do [not] feel that they are doing something right. And that is something very wrong in our society. If I can put it bluntly, many people they think listen here, your problem is your problem, do [not] make your problem my problem.

Ighsaan uses the example of the Prophet’s wife Ayesha to indicate that women needed to be treated with respect:

I mean even her father Abu Bakr, Omar, Uthman, Ali [close companions of the Prophet (PBUH)] they would come to her for advice. Ladies could come to her and she could explain to them listen here, this is your right, listen here, this is wrong.

This is in agreement with the likes of Bewley (1999) who indicates companions of the Prophet used to consult his wife, Ayesha for advice.

Zaheer indicated that his organisation provides these services:

Generally, you see how we work, and I will explain to you, the first sitting is only husband, wife and.. whoever is there depending, right. The second sitting, then we advise them listen, the men obviously we tell them listen we can sit with you and advise you or sit with one of the counsellors. The females we immediately send them to the female counsellors because there might be a lot of things they do [not] divulge…bad things might be happening in the bedroom for example, which they can[not] speak about.

Ahmed agreed with the above views. Like Zaheer, he indicated that there are structures put in place:

I think it [is] a reality. And I think that [is] why these kinds of structures have been set up. And that [is] why we have also had so many girls’ Darul Ulooms that have been established, to produce more female scholars who can then guide women because a woman’s tongue to a woman’s ear is different. I mean it is a reality.

Overall, there seems to be agreement that women should assist religious leaders. However what is noticed is certain participants say there are no structures, while others say there are and some even give examples. This adds further credence to the point made earlier that not all religious leaders should be placed in ‘one basket’. They are not a homogenous group which this study continuously shows.

5.12.8.2 Women feel comfortable speaking to other women about sensitive issues

Participants indicated that it is important for women to be able to speak to women because some of the issues are sensitive, which makes it difficult for them to speak to men. When looking at the types of abuse, Abdur Razzaq gave an example of how his wife assisted him in uncovering an instance of sexual abuse. She found it easier speaking to his wife. Similarly, Ahmed gave a similar response: 198

Right so certain man issues, men can talk about it and understand it, woman [will not] talk about it. They [will not] understand to that particular extent, the emotion behind it, the sentiment behind it and that is a reality, some women are going to feel intimidated not because the person is… a chauvinist, if I had Allah forbid, some marital issues right, I would find it difficult to sit with a woman.

Riaz agrees with Ahmed stating that women come to him to discuss problems but they are not comfortable talking to him. He then refers them to a lady who can assist. He argues that support is largely lacking.

Irshaad was also strongly in favour of women assisting:

A simple thing like for [example], a woman can[not] now come and show… [how he] cut [her] and open [her] shirt [to show me]…so you need women in that kind of a case to show abuse. Obviously, you have got to flat hand mark on your back, then…you can[not] show the man then, but I mean you can show the woman behind the screen.

Taufeeq disagrees with Ahmed and Abdur Rahman.

Muhammed: Yes. Sheikh… literature has shown that women find it intimidating when they have got to come towards men…when they have to discuss…the abuse that they have gone through. What [is] your view on this?

Taufeeq: I disagree with that… And I will tell you why I am saying this right. In all the Faskh cases I have sat in,… specifically the interviewing part… very honestly there were times when I felt embarrassed, I would not actually speak to anyone on those issues which w[ere] actually brought up right.

When one looks at Hoel’s study (2012) on how the Muslim Judicial Council deals with domestic violence, it is not surprising that he feels that women speak out. At the same time, Hoel’s (2012) view on desperation to get a divorce leads to women challenging religious leaders, is important to remember. When they cannot tolerate the abuse anymore, women exercise their agency to the point of sometimes even bypassing religious authority (Hoel, 2012). When reading Hoel’s (2012) article, the feeling one gets is that women might be outspoken, but it does not mean they are enjoying the confrontation with religious leaders. Participants in the study indicated that they were uncomfortable. Taufeeq’s view, which is in line with Hoel’s (2012) study, also shows that not all women are shy and defenseless. Importantly, while they might not be shy, his response to their straightforwardness shows that there is a need for female members to be present when women bring their issues to the attention of religious leaders. He indicated that he feels uncomfortable. If he is uncomfortable, one would think it would be difficult to help another person in need.

At first, Taufeeq did not seem to have a problem with women being present:

If there is benefit, why not ? If there is no benefit, simply to have them there is not going to actually help and assist. The other important issue is when, specifically when it comes…..[to] the interviewing part…we normally…sit with a minimum of two of us…in order to

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protect…everyone’s honour. Whoever the female comes into lodge, we expect her to come with a Mahram (male guardian).

Yet when I asked him his view on women feeling uncomfortable about revealing information that is of a sensitive nature, his response was one of reluctance.

Taufeeq: Okay, let [us] put it this way, right, and especially in today’s time, I am not talking more of the olden days… would you feel more confident to be able to speak… where your Mahram is present, or would you feel more confident where a stranger is present even though she is of the same sex?

Furthermore, in between our exchanges he mentioned that if there is a social worker present, that will lead to confidentiality being broken because according to his view, they would need to report the case to the authorities.

Reflecting on this, the opinions of Abrahams-Fayker (2011) and Hoel (2012) are of important relevance. There still seem to be some religious leaders who prefer the environment in which they deal with issues that are domestic in nature to be male-dominated. In line with the sociological perspective, Ahmed and Amir indicated that one needs to put oneself in the position of women and see where they are coming from (Reabach and Bruhn, 2001). Ighsaan provided historical detail to legitimise this view by drawing attention to the Prophet’s wife Ayesha, who advised women on their rights. Yet Taufeeq is apprehensive towards this view.

5.12.8.3 Women can help but cannot have a say on divorce

While some of the participants were of the view that women can assist, they were apprehensive about women advising whether to award a female complainant an annulment of marriage.

According to Irshaad:

Obviously with the rules of Hijab, you know, the men will be sitting in an office, maybe the lady would come in and the woman would be behind Purdah (curtain separating men and women)… woman being part of …the panel to hear the case, that [is] not an issue, but the final ruling with regards to do we now issue a, Faskh or not, that [will not]…depend on the woman.

Zaheer was also uncomfortable with women advising on giving a woman a Faskh:

When…we are going on the way of Faskh…We would then call in members from the families. His family and her family… So we would prefer the fathers of both of them. If they are alive… So she has got someone there, he has got someone. So they also know what is happening.

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Shakeel gave a similar view:

If it is that the female must be part of the juristic… then I [am] not being anti-female on this, anti-feminist.... The question that must be asked is, what purpose? So we can go through the motions and just like cross the Ts and dot the Is, but if it [is] not going to fit, it does [not] fit.

Even Ighsaan who spoke about how the colleagues of the Prophet used to consult his wife Ayesha, indicated that women should not have a say in the decision of divorce. This is contradictory.

Islamically it would not be correct. We can have a panel of only ladies, that would be okay, that would still be in line, only ladies listening to only ladies. That would be in line.

While religious leaders are open to women assisting in the counselling process, it is noticed that some of them still feel that the final decision on giving a Faskh needs to be in the hands of the male religious leaders. Reflecting on this issue, on one hand, yes the religious leader will listen to the social worker who advises him, yet how can one ascertain he will not be gender-biased? If eminent companions of the Prophet (PBUH) consulted his wife on important issues, why then should a learned scholar in Islamic law who is female, not be consulted? Even though Ighsaan says that it must be objective with the panel remaining neutral, how can one ascertain this? Boonzaier and De La Rey (2003) and Hoel (2012) indicate this is not the case. Therefore, while religious leaders are willing to have women on advisory boards, some of them still seem to want to hold on to certain privileges awarded by religious institutions which were historically patriarchal, as suggested by Abrahams-Fayker (2011).

5.12.9 Helping the rich and powerful

Controversially, Abdur Rahman indicated that religious organisations look at the status of the individual seeking help.

Abdur Rahman: You see always they will be reluctant because as I mentioned that initially they feel there is scope for a reconciliation, but what is true nowadays and this is true with the Jamiats here and there…You see when we speak of the government that is captured, you must remember the Jamiat[s]…are also captured. They are captured by the rich… …You must remember that, almost all Muslim organisations today they do [not] want to upset the apple cart… You understand so they are captured by the rich and the affluent.

Muhammed: So if a rich man’s son, for example, comes then they will, would they be… [intervened]

Abdur Rahman: See the son will not be a problem. Son can give divorce. The problem comes when it is a rich man’s daughter.

His view, in a way, agrees with the point made by Akthar and Metraux (2013) and Sadiqi (2010) who indicate that women who come from a more affluent background are more likely to obtain a divorce. In a sense, his point is also similar to Hoel’s (2012). Hoel (2012) notes that the status of the husband

201 in broader society will influence whether a religious organisation will issue a Faskh. Abdur Rahman indicates that women who come from a wealthy background are more likely to gain a divorce because they come from a wealthy background, and their father holds a high status. Other participants, such as Usman and Ahmed, disagreed with this view. They mentioned that organisations such as the Jamiat are assisting women without making reference to the economic background of the person seeking help. His view, however, highlights the point made by Gabru (2004) on how the Muslim community is divided.

5.13 CONCLUSION

Religious leaders’ opinions on women’s rights as a wife, their views on why violence occurs in the marriage, and what support they offer women were sought. Their views on how women could be better helped using Muslim Personal Law and utilisation of women in assisting divorced women, were also probed. A brief summary of the themes that addresses these issues is provided.

Religious leaders felt that women and men are different but equal in terms of status in Islam. They emphasise the importance of motherhood in society. They argued that motherhood is not appreciated because it lacks monetary value. While they acknowledged the importance of motherhood, they also acknowledged that the current economic climate makes it difficult for a family to survive on one income. Therefore, women are allowed to seek employment. Additionally, if they can contribute positively in different ways in broader society, they should be encouraged to do so. This, however, was not the view of all of the participants. Some of them still felt that women should remain and fulfil their role within the household.

Using the primary sources of Islamic law as a point of reference, participants’ acknowledged that there is no place for domestic violence in Islam. However, they indicated that it is prevalent with emotional abuse as a predominant form that draws other types of abuse. The reasons provided for domestic violence occurring in the community were largely socio-economic factors such as financial strain. Reflective of the challenges of present day South Africa, reference was made to patriarchal norms embedded within racialised cultures. They suggest that partners lack respect for each other. Women are socialised into thinking that they are subordinate to men and sometimes demand that men play their role as providers. Some men are not taught how to treat women. However they can also be abused emotionally when they cannot meet their wives’ economic demands. This sometimes leads to men retaliating with physical abuse.

The wife’s family was seen as an accessory in way they interfered in the relationship between the husband and wife. At the opposite end of the spectrum, families were accused by some participants

202 of not supporting women who were abused because of stigma, and not approving the preferred choice of husband of their daughters. Some participants indicated that family members are worried about women’s experiences of abuse; it is just they that they lack resources to assist them.

Religious leaders indicated that they provide economic and emotional support by liaising with different organisations. Women are psychologically assisted. By becoming psychologically empowered, many of them can realise that they do not need to depend on their husbands. This leads to their becoming economically empowered. All of the participants agreed that religious leaders should have training in counselling. Some of them though, differed in terms of what they saw as important content material with regard to counselling. Certain participants indicated that Islamic ontological perspectives on counselling are not appreciated. Participants also mentioned the importance of prospective couples going for pre-marital counselling as they most often lack important skills to make a marriage successful. Despite these services having been made available, very few prospective couples utilise them. Thus greater acceptance and normalisation of counselling services are needed.

Religious leaders were asked about the accusations made against them, beginning with them adopting a reconciliation at all cost approach. They indicated that they use it as a first option but not at an all cost option. They need to consider the interests of all parties, such as the socio-economic position of of the attacked women. They also see it as an option that allows one to rehabilitate an abuser, so he does not commit abuse again in the future. They also believe that they need to follow due processes to ascertain facts. While they use this approach, they monitor the behaviour of the husband. If they see no change in behaviour, they then advise the wife to get a divorce. They argued that it is wrong to ask women to just bear the abuse. Linked to the issue of reconciliation was the issue of patience. Participants indicated that the word ‘patience’ is sometimes used incorrectly. They indicated that it means being steadfast and strong. Similar to reconciliation, if they ask women to have patience, they mean they need to gain clarity and ascertain facts. This is the reason why they ask women to go to those who are experienced and specialised, because they will be better placed to provide advice to women. Additionally, they themselves indicated that they are limited in what they can do. They can only advise abused women. Arguably, they themselves seem to be entrapped by a patriarchal culture that consumes the Muslim community.

One would think that they would be in favour of Muslim Personal Law, as this is an avenue which can be used to better assist women. Yet some of the participants who argued that they are against Muslim Personal Law, are the same leaders who argued that there is no place for domestic violence in the Muslim community. Also, while they were happy for women to be a part of their panels when

203 they listened to the problems brought forward by women, they did not want these women to have a say in whether women can be awarded a divorce. In certain senses, they themselves do not want to let go of the male dominance that their predecessors seemed to enjoy.

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CHAPTER SIX ANALYSIS OF RELIGIOUS LEADERS’ VIEWS: INTEGRATING THEORY

6.1 INTRODUCTION

Using thematic analysis, chapter 5 provided a discussion of 13 religious leaders’ opinions regarding Muslim women experiencing domestic violence in a South African context. They indicated that domestic violence is indeed a serious problem within the South African Muslim community. Their opinions demonstrated that the dominant theoretical sociological perspectives of family systems theory and feminist theory, are both relevant in understanding domestic violence in the Muslim community. Their perceptions on the availability of resources abused women have at their disposal, and their views that women sometimes perpetrate acts of violence, showed the relevance of family systems theory. However, by pointing out that in most cases, women are victims of domestic violence because of husbands asserting their male dominance, they added credence to feminist theory. Religious leaders also alluded to the assistance they provide to women in an environment, which, according to them, is riddled with limitations. Despite these limitations, they try to provide women with different forms of support. Their responses show that a nuanced view of how they deal with domestic violence needs to be adopted. While the data suggested that the relevance of the feminist criticisms are important to consider, as they still want to maintain their authority when making an important decision such as annulling a marriage, some religious leaders adopt a progressive stance in terms of their views on women's rights in general and how domestic violence should be dealt with in particular.

Overall, religious leaders find themselves in a community where violence exists in both visible and invisible forms. The data revealed that religious leaders are aware of how invisible forms of violence lead to visible or direct forms of violence by pointing out problematic social arrangements. At the same time, some of them do not realise that their views on contemporary society make them inadvertent perpetrators of domestic violence experienced by Muslim women. This chapter provides a theoretical analysis of the findings, using Galtung’s (1996) theory on the different forms of violence and Bourdieu’s (1986; Bourdieu and Wacquant, 1992) concepts of “habitus”, “field” and “capitals”. Using these theoretical instruments, this chapter makes theoretical sense of the opinions of religious leaders. It discusses and explains why and how women experience domestic violence because of the cultural and structural constraints they face.

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6.2 DIRECT VIOLENCE: A MARITAL WARZONE

Johnson’s (1995, 2011) concept of patriarchal terrorism, which he later modified and referred to as “intimate terrorism” is predominantly practised by men. The abuser uses physical, emotional and financial tactics to assert their dominance in the relationship. In this study, religious leaders described and confirmed that domestic violence is a serious issue in the Muslim community. Religious leaders in this study alluded to emotional, physical and sexual abuse experienced by women due to abusive men showing them no respect and not assuming responsibility for their own actions when they are wrong. The concept flows through the stream of the discussion below. This concept is closely linked to Galtungs (1996) concept of direct violence.

Direct violence refers to acts of violence which are visible (Galtung, 1996). Visible does not need to be physical. It can exist in the form of maiming such as sanctions, repression and socialisation. Maiming occurs when the individual is a victim of boycotts. Victims are repressed when they are detained or expelled from society. Expulsion entails sending a victim to some place far away for example another country. Socialisation becomes a consequential form of direct violence when individuals internalise norms which normalise the behaviour of the aggressor (Galtung, 1996). These characteristics were present in this study.

Participants indicated that women experience different types of domestic violence. Emotional abuse was the predominant form of domestic violence experienced by Muslim married women. Umar agreed with Tjaden (2004) that emotional abuse is a steppingstone to physical abuse. In the literature chapter, it was argued that emotional abuse is a form of direct violence as it intends to harm an individual (Galtung, 1996:198; Abraham, 2005:440). Participants also made mention of sexual abuse by the practice of Halala and husbands wanting to use painful objects during sexual intercourse.

While most of the participants highlighted emotional abuse, direct violence also existed in the form of financial abuse. Galtung (1996:198) argued that maiming is a form of direct violence. This is often used by nation states who impose economic sanctions on adversaries. In the same way, at a micro- level, economic abuse experienced by Muslim married women can be viewed as a form of direct violence. According to Islamic law, men are supposed to financially maintain the household (Nawab, 1997; Ansari, 2006). Participant Umar indicated that husbands sometimes purposefully deny their wives food. Zaheer suggested that some of them also use wages earned by their wives to buy drugs. In addition to maiming, women are repressed by being detained or they are expelled from society by abusive husbands who resort to using these tactics (Galtung, 1996). In the context of this study, both characteristics of repression are present. Umar indicated that men sometimes literally lock their wives in their houses, and so, repression manifests itself in the form of detention. Expulsion exists in the

206 sense that women are stigmatised. Religious leaders indicate that some of them might feel they will be socially excluded from society if they leave their husbands. In this sense, repression seems to be a tool which some men use to abuse women. In the theme that looked at reasons for domestic violence occurring in the Muslim community, religious leaders revealed that some women remain in abusive relationships because they are financially dependent on men and they are afraid of being stigmatised by family and the broader society. In this instance, one cannot ignore how expulsion and detention influence one another. It is the fear of expulsion due to financial dependence and stigmatisation, which results in some women remaining or “detaining” (Galtung, 1996) themselves in an abusive relationship. These different forms of direct violence are influenced by indirect or invisible forms of violence.

6.3 INVISIBLE VIOLENCE PERPETUATED BY MEN IN A STATE OF HYSTERESIS

Structural violence refers to a situation where certain individuals experience subjugation on the basis of social characteristics such as gender, race and religion, and who are denied resources by individuals whose identities are deemed superior and who are perceived as “Oppressors”. The inferior group or the “oppressed” feels oppressed and live a life of fear, which sometimes includes feelings of misery and self-hate whereby they blame themselves (Galtung, 1996; Bourgois, 2009). Some of the opinions expressed by religious leaders in this study reveal elements of structural violence experienced by abused women.

In the theme which looks at what religious leaders think are causes of domestic violence, they point out that women remain in abusive relationships because they lack economic security. Abdur Razaaq and Taufeeq indicated that men sometimes lack economic resources to look after their partners. The stress generated by economic strain, creates the possibility for abuse to occur. This could be due to men feeling worthless as they cannot provide for their family. Historically, they are seen as deviant by not adhering to a traditional role of a man which stipulates that he should provide for his family as suggested by family systems theorists such as O’Brian (1971) and Hornung et al., (1981).

The economic strain can be traced back to history. Indian Muslims arrived in South Africa, by their own accord and they were referred to as passenger migrants. They were an affluent group that opened up their own business enterprises. A lot of them referred to themselves as Arabs and are hence inclined to use their religious identities because they did not want to be associated with the indentured labourers that came before them. In the past and presently they are seen to be financially successful. They are able to educate their children who were not business minded to becoming lawyers, doctors and engineers (Mandivenga, 2000:349). The argument that can be made here is that this group set a

207 precedent for what success is. Success could mean being financially successful. The participants’ views indicate that some of these participants experience financial strain. Furthermore, they are sometimes abused for not adhering to their wives’ standard of living, by their wives and her family. This then leads to some of them suffering from status inconsistency which can lead to them physically abusing their wives (Hornung et al, 1981).

Fields are networks and configurations within a society (Bourdieu and Wacquant, 1992). Within different fields, different capitals are important. Bourdieu (1986) indicates that the most important capital is economic capital. However, in this study as Bourdieu (cited in Bourdieu and Wacquant, 1992) notes, there are intersecting fields. The intersecting fields indicate that it is not just economic capital that is important but also symbolic capital. According to Bourdieu (1986), symbolic capital refers to an individual’s social status in broader society. Bourdieu (cited in Bourdieu and Wacquant, 1992), indicates that in a meta field, different fields will intersect. The fields of finance and family, religion and race, intersect. Thus, symbolic and economic capital are of equal importance. They influence the habitus. The habitus, which refers to the mindset of an individual, is in a state of hysteresis because of the fields which influence it as the habitus is not in keeping with the field (Bourdieu and Wacquant, 1992). The fields of family, religion and race, indicate that men sustain their principle role as providers. However, the economic field sometimes does not allow this to happen, which results in the habitus suffering from hysteresis in the form of status inconsistency. Status inconsistency generates stress in a highly competitive socio-economic environment and creates the conditions for abuse. While status inconsistency is important, it is linked to patriarchy

6.4 THE CONTINUED INFLUENCE OF THE PATRIARCHAL FIELD

While socio-economic status is important, the importance of patriarchy needs to be acknowledged. The discussion thus far alluded to religious leaders alluding to domestic violence taking place because of a lack of resources. While some of the religious leaders blame poorer Muslim men, abuse happens because men wield more power. The perceptions of religious leaders are that wives, irrespective of whether they earn or are stay at home mothers, are not valued as equals by their husbands. Ighsaan indicated that wealthy men use their vast resources to control women. This indicates the relevance of male dominance across different classes. Basile et al., (2013) indicate that management of resources is important. On a macro-level, moving towards a micro-level, religious leaders indicate that within structures, some women are denied the resources they deserve. From a traditional Islamic perspective, women should assume the role of a housewife, which is equal in status to the role of her working husband, who is supposed to sustain the home economically. This agrees with the primary sources of Shariah (Athar, 1988; Hassan, 1988; Nawab, 1997; Ansari, 2006). Ridley (2006) indicates that the Prophet Muhammad (PBUH) stated that paradise lies under the feet of a person’s mother. Islamic 208 scholars like Ansari (2006) and Bangash (2012) indicate that the role of women in society cannot be underestimated as they are the fortress of Islamic civilisation who ensure stability and harmony within Muslim communities and societies. Using Bourdieu’s (1986;1989) work, it can be argued that the symbolic capital that women possess is equal to that of men despite them engaging in different roles. In a traditional Islamic society, women are supposed to hold a position of prestige if they are housewives or mothers. Men are supposed to maintain the household financially. This refers to the economic capital, which, according to Bourdieu (1986) refers to the most visible form of capital that exists in the form of money. However, religious leaders such as Umar, Usman and Ahmed indicated it is sometimes difficult for men to assume this role in a society where the cost of living is high. Furthermore, Ahmed indicated that the changing nature of society requires women to involve themselves in roles such as becoming teachers and doctors.

Traditionally, within an Islamic field, men and women would work to complement each other. However, Bourdieu (cited in Bourdieu and Wacquant, 1992), indicated that, within fields, there are struggles that exist between individuals belonging to a specific field. As stated earlier, Bourdieu (cited in Bourdieu and Wacquant, 1992) refers to a meta-field where different fields intersect. In contemporary society, this is evident. Umar, Zahir and Irshaad indicated that women are not always appreciated by their husbands, whether they are housewives or whether they are working. On the one hand, when she performs the role of a housewife, she is disrespected. On the other hand, when she uses her knowledge or cultural capital, as Bourdieu (1986) would say, to assist in running the household financially, she is disrespected. The emotional labour she contributes to the home, as well as the economic capital, is not valued by abusive husbands. Dobash and Dobash (1979) argue that women are viewed as inferior beings to their husbands. Feminist Chang (1996) stated that in a patriarchal society, the role of a housewife is inferior to that of a husband. The work that housewives do is viewed as inferior to that of men. The traditionalist notion of a man going to work and women staying at home as housewives, is beneficial for men. However, it is to the detriment of women. In a patriarchal society it is okay for men to display masculine attributes such as dominance and control, but not for women. It is these characteristics that lead to men abusing their partners. She indicates that men use their power to psychologically abuse women when they know that women are dependent on them financially and emotionally. Bearing Chang’s (1996) view in mind, one can understand why Sadiqi (2010) indicated that the separation of roles according to Islamic norms makes women susceptible to violence. However, Sadiqi (2010) does not consider that there was a time when these roles were respected for example during the time of the Prophet (PBUH). Even in these traditional societies women performed well in other speheres of society such as warfare and academics (Al Hibri, 1982; Rabbani et al., 2008). At the same time however Sadiqi (2010) is not wrong because she draws

209 her opinions from countries such as Morocco, which is supposed to be Muslim, yet patriarchy is very evidently practised. Men having more symbolic capital, provide them with more power which they can use to abuse women. This leads to the cultural capital and economic capital that women contribute to the relationship being devalued by their abusive husbands (Bourdieu, 1986; Chang, 1996). Ahmed (2000), in particular, indicates how she encountered men who told her that women should be the servants of men. Chapter 31, verse 21 of the Quran states that both partners are supposed to live in peace and tranquillity. Faizi (2001) indicates that this verse is an indication that a husband should be treating his wife with respect devoid of any form of oppression. However, what is noticed is that sometimes husbands treat women similarly to how they are treated in other social contexts where predominant norms are drawn from a patriarchal worldview. In Pakistan, which claims to be an Islamic Republic, many women view themselves as inferior human beings who are unable to cope independently of men. In Pakistan, women are considered to be the “property of men” (Rabbani et al., 2008; Akthar and Metreux, 2013:38). In Northern Nigeria, it was found amongst the Muslim community that some Muslim women have to perform a double shift, whereby they work outside the home whilst simultaneously looking after household chores. Some of their husbands do not assist their wives because they would be ridiculed by other men (Sada et al., 2005). The reason is that women, along with their husbands, find themselves in a patriarchal field which intersects with a religious field. The example of the HIV cells made in literature becomes very pertinent here.

The patriarchal field intersects with the Islamic field. Similar to how the HIV cells attack the white blood cells of an individual who has HIV and then assumes the character of the white blood cells, in the meta-field, the patriarchal field attacks the Islamic field which then assumes the character of the Islamic field. In these instances, one notices that norms which are supposedly Islamic are actually patriarchal. It is in the patriarchal field where structural and direct violence is normalised.

Umar indicated that the abusive men he encountered, use Chapter 4, verse 34 to justify the abuse of their wives despite literature and participants indicating that this verse cannot justify abusing one’s wife (Mubaruk 2004; Al Asi, 2012). Participants indicated that this verse needs to be placed in context, while also considering different linguistic meanings to the word Daraba, which refers “to hit” in the verse. The fact that they are allowed to use this verse without sanction becomes problematic. Athar (1988) indicates that the Quran treats men and women as complete equals by referring to Chapter 24, verse 31:

“Say to the believing men that they lower their gaze and guard their modesty that will make for greater purity for them and Allah is well acquainted with what they do. And say to the believing women that they should lower their gaze and guard their modesty.”

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Athar (1988) indicates that women should be in a position where they can demand of their husbands to create an environment in the home, which is conducive to healthy living. Ansari (2006) indicates that women are supposed to play an important role whereby they socialise future generations by imparting important Islamic norms to their children. Athar (1988) indicates that this task becomes very difficult when Muslim women are taught, they are inferior beings, which is a source of “frustration” and hurt for them. It is, therefore, not difficult to fathom why they sometimes view their religion as oppressive. Chapter 2, verse, 187 of the Quran states that both partners are supposed to be garments to each other. As indicated in Chapter 2, the garment is normally used to beautify oneself as well as protect one’s body (Athar, 1988:120). This metaphorical meaning manifests itself in marriage, whereby partners are supposed to protect and beautify one another. By men abusing and not appreciating their wives, they deny women the symbolic capital that is due to them, and not adhering to norms of gender equality stipulated in the Quran. Therefore, questions must be asked about relevant structures or social capital, which are supposed to assist each other (Bourdieu, 1986). The family is one such structure which is an important institution in which the foundations of any Islamic society are established and maintained (Athar, 1988; Hassan, 1988; Nawab, 1997; Ansari, 2006).

6.5 INVISIBLE VIOLENCE PERPETRATED BY THE FAMILY

The perceptions of the religious leaders who participated in this study are that sometimes the family refuses to assist women because they are worried about their own status. Furthermore, some families contribute to domestic violence experienced by women because of the way they socialise their children. This is a form of structural violence which will be elaborated on below.

6.5.1 Fearing disgrace is a form of structural violence

Religious leaders in this study indicated that sometimes the approach used by some families to deal with issues of domestic violence makes them culpable of committing structural violence. Umar, Ighsaan, and Zaheer referred to families worrying about how their social status in broader society would be adversely affected if abused women from their family were to get divorced. Fearing disgrace, family members advise women to remain in these relationships. International and local literature indicated that this is one of the factors that influences an abused woman’s decision to remain in an abusive relationship.

Faizi (2001) who referred to abused women in Texas, indicated that one abused woman mentioned that it is better to remain in an abusive relationship than dissolve it, as she did not want to be viewed as a failure in the eyes of her family members. Similarly, Nordien et al. (2003) indicated that one of

211 the participants in their study indicated that it was difficult to understand why family members who knew about the abuse she was going through, refused to help her. This could be because of patriarchy as one participant indicated that they were socialised to never question their husbands. Hence it is possible that the women who were distraught for not receiving help were blamed (Noriden, et al, 2003).

In this study, participant Abdur Razaaq indicated that there is a culture of Muslim women being reluctant to ask for help from their families. For example, brothers often do not assist their sisters who are abused because they themselves behave in a patriarchal manner in their own homes. Also their sisters-in-law will not be happy with such an arrangement whereby the brother assist the sister. This is not a new revelation. Writing within a Pakistani context, Rabbani et al., (2008) indicated that the maternal home is not a source of support for some women, especially after the parents, particularly the mother has passed on. Abused women’s sisters-in-law sometimes do not want them to move back home on account of them already having received their inheritance and their dowry. The brothers in question may generally refuse to assist because they are worried about how the honour of the family. There are similar trends noticed in Khan’s (2013) blog, “Her Struggle, Her Fight, Her Victory: Surving” written against the backdrop of a South African Muslim context. A commentator on this blog said she was a burden to her brothers, and her children were worried about what their wives’ families would think about her getting a divorce. In my earlier study, divorced women did not accept help from their brothers because they were concerned about how their sisters-in-law would react (Suleman, 2011). The overarching issue here is that the value systems of Islamic families seem to be changing whereby, instead of being a group centred or co-operative formation, the members are currently looking at their own individual interests.

Athar (1988) indicates that Islamic families are neither nuclear nor extended. It provides a balance between the two extremes by being characterised as a semi-nuclear family. By assuming the character of a semi-nuclear family, the Islamic family can provide economic assistance to those in need and assist those who are single as they will be incorporated into a family that provides them with a social identity. Hassan (1988) indicates that when family members assist one another monetarily, it is not just an economic form of support, it extends itself as a form of emotional security as the support provided is in the interests of humanity. Using this humane approach is more likely to increase the cohesion and integration of society. This is ironic as religious leaders such as Umar state that the social identity of the family seems to be the reason why families are not assisting women who are abused because of the stigma associated with divorce. Yet it is the abused woman who is actually suffering. This is a form of structural violence because women are denied important resources which are due to them. In some instances, the family is, consciously or unconsciously, creating a social

212 context in which direct violence is legitimised. This is somewhat ironic as the family in an Islamic context is supposed to act as a supportive cushion that family members, either nuclear or extended, can turn to (Doi, 1984; Athar, 1988; Hassan, 1988, Suleman, 2011). However, in these cases, when family members are worried about status and public impressions, they are serving the interest of a patriarchal system and not that of an Islamic one, leading to women’s experiences of structural violence increasing.

Segmentation, a characteristic of structural violence, is used by the “oppressor” as a tool to give the “oppressed” a partial sense of reality because some women who are abused have a partial view of reality (Galtung, 1996). This leads to some women being marginalised as they are kept on the peripheries of society because they are stigmatised if they leave or they suffer by remaining in the abusive relationship (Galtung, 1996). Prioritising family status is a form of structural violence as women are denied important resources because the need to consider the “status of the family” is put ahead of their needs for safety and redress. Bham (2014) reiterates:

“By and large in the past people adopted this view that irrespective of what happens to my daughter even [if she is] abused she must remain in that home or she must remain under that conditions and circumstances no matter what happens because the image of having a marriage is more important than the stigma of Talaq or divorce.” (Radio Islam, 2014)

Using the status of the family as an excuse to not assist women, goes against the notions of what a Muslim family should stand for. Family members are supposed to assist each other (Hassan. 1988). In an Islamic sense, the norms of the Muslim family should supersede norms that perpetuate stigma and oppression.

6.5.2 Socialising women to accommodate structural and direct violence

The way children are socialised by some family members can lead to domestic violence as suggested by religious leaders. Umar and Ighsaan indicated that women remain in relationships because of financial constraints. They worry about how they will provide for their families. Taufeeq stated that certain women do not have the qualifications to look after themselves or their children. One gets the feeling that women feel that if they leave the relationship, they would not have the ability to look after themselves. This is based on the views of religious leaders. Umar and Zaheer indicated that they facilitate economic empowerment programmes so women can sustain themselves financially and avoid abusive relationships. One of the reasons cited for using a reconciliatory approach when dealing with domestic violence is because they are worried about the financial status of women.

Amir acknowledged that more emphasis is placed on the behaviour of females than males when the issue of marriage is discussed. Furthermore, some women are taught they should be subordinate to

213 men. Emphasis is placed on their roles in cleaning and cooking. Even more disturbing is as Amir indicated that very little emphasis is placed on how boys should behave and how a man should behave towards his wife. In the findings chapter, using the social exchange theory, it was concluded that men would continue abusing their wives if they know their abusive behaviour will not be sanctioned by family members. Abdur Razaaq pointed out that women are told not to protest against any injustice as their husbands will give them a divorce. Furthermore, he stated that some women come from a background where male members from their families behave in a similar way towards their wives. Hence, if husbands know the family is going to say, ‘don’t say anything he will give you divorce’ and they themselves endorse a patriarchal ethos, they are likely to continue with their abuse. (Gelles, 1985).

Shakeel raised an important issue indicating that men assume the role of a God. This agrees with the literature that indicates that men assume the role of a deity who should not be questioned (Al Khateeb n.d.; Faizi, 2001; Nordien et al., 2003). Such beliefs can act as a prelude to domestic violence occurring in Muslim communities. Therefore, if something goes wrong in the relationship then it is commonly deemed that it must be the fault of the woman and she questions herself, as important familial and friendship might be reluctant to show support. Victims fear being ostracised by important social networks (Faizi, 2001; Nordien et al., 2003; Khan, 2013; Radio Islam 2014; Abugideiri, 2005). Feminist theory is useful here, as within families, women have been commonly devalued. Historically in most societies, women had no independent identity. Within an Islamic context, according to the findings, sometimes this would seem to be the case. Irshaad cited a case where a woman was emotionally abused by her husband. However, her parents did not even advise her. She was regarded as being adult enough to weather the storm. Abdur Rahman indicated that, over generations, women were taught that when they leave the home, they are only supposed to leave for their funeral after they are deceased. This is a custom which can be traced back to the Middle East as raised by Muslim feminist El Saddawi (1982).

The structure in this case, the family, is problematic because the norms and values embedded allow structural violence to occur by giving men more resources and power than women. Nordien et al. (2003) found that Muslim women in their study indicated that they were taught that they should not question their husbands. When family members ask women to not question their husbands, they are penetrating the mindset of women who assume the role of “oppressed”. The oppressed might think it is their fault when they experience domestic violence (Optow, 2011). Characteristics of structural violence are present. Penetration, according to Springs (2016), normalises violence in the psyche of the oppressed whereby they feel they do not need to challenge it. The habitus or mindsets of abusive husbands, are influenced by the view that they can get away with the direct violence they inflict upon

214 their wives because the society which they live in awards them more symbolic capital when compared to their wives (Bourdieu 1986; Bourdieu and Wacquant, 1992).

Some women are denied resources because of the low symbolic capital that is afforded to them in the field of family, that ironically is supposed to be a force aiding, social, economic and cultural capital. On the one hand, in such an environment, it can be argued that there needs to be more emphasis on the women being financially independent. On the other hand, this can only be possible if women are provided with the symbolic capital they deserve. Symbolic capital is an important resource in the context of this study, as it will determine how women access and use other resources. Dangor (Personal Interview, December, 2014; September; 2019), as well as participant Abdur Razaaq, mentioned that some women who are educated, and consequently should be empowered, also remain in abusive relationships because they have internalised norms which prescribe subordination to husbands.

This brings into question the role of Muslim women in society. Athar (1988) and Rabbani et al., (2008) indicate that there are misconceptions regarding moral standards ascribed to the different sexes in Islam. Islam does not prescribe different moral standards to men and women. Different verses of the Quran indicate that the superiority of one human being to another can only be measured by measuring their relationship with God (Nawab, 1997). The Prophet Muhammad (PBUH) indicated that it is mandatory for all Muslims to educate themselves (Faizi, 2001:17). The Prophet (PBUH) practised what he preached. Within his family, as well as that of his closest companions, one notices that women were educated, and they could sustain themselves financially. His wife Ayesha was well educated in Islamic knowledge and men used to seek her advice. Asma, the daughter of Abu Bakar (Prophet Muhammad’s (PBUH) father-in-law) was an entrepreneur (Nawab, 1997; Bewley, 1999; Yusuf 2005). When women are afraid of leaving abusive relationships because they are financially dependent on their husbands, Muslim families as an important network that foregrounds the foundations of an Islamic society, must be questioned.

Islamic families are institutions that act as an important social mechanism, which leads to broader stability in a society (Hassan, 1988; Yusuf, 2006; Al Asi, 2012). Within the family, important norms such as love, care and cooperation are cultivated within individuals, which lead to the proper functioning of a particular society. The wife is entrusted with the role of instilling these norms (Ansari, 2006). This view resonates with Bourdieu (1986), who states that the family is the first structure/agent where children gain knowledge.

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The question, however, is: what type of knowledge are they gaining? Various verses of the Quran refer to men and women as equals. Chapter 74 verse 38 indicates that “every soul will be held [in pledge] for its deeds” (Athar, 1988). Chapter 16 verse 97 (cited in Athar, 1988:57), states:

“Whoever works righteous deeds, man or woman, and has faith, verily to him, we give a new life that is good and pure and will bestow on such reward according to the best of their actions.”

Islam preaches the norms of care, compassion and cooperation. How can these values materialise in an environment where, as Galtung (1996) would say, there is an “oppressor” and an “oppressed” resulting in one being subservient to another? Lowering the symbolic capital of some women which denies them the cultural capital with which they can increase their own economic capital so that they are not held hostage by their abusive husbands, is a form of structural violence because they are denied important resources which affect their well-being, leading to a life of misery (Galtung, 1996; Samanthroy, 2010; Springs, 2016).

6.5.3 “Disciplining wives” is a form of structural and direct violence

Data revealed that families sometimes refuse to assist because the woman in question did not listen when the family did not approve of the choice of husband. Even if she made a wrong decision, this does not absolve family members of their duty to assist. On a spiritual level, Islam says that irrespective of your sin, the Almighty forgives you if you make a mistake (Digital Mimbar, 2015). Therefore, the level of pride shown by some families in this instance is an example of structural violence. As indicated in the previous paragraph, the role of the family is to assist one another in times of need. If the family takes the view, as shared by Zaheer and Amir, which entails that “abused women made their bed, now [they must] sleep in it,” only perpetuates structural and direct violence. Irshaad stated that the Prophet Muhammad (PBUH) indicated that fathers who look after their daughters after experiencing trauma, receive great reward. Feminist, Rasool (2012) indicates that abusive men thrive on the ambivalent attitude that families take. This gives them impunity to be abusive towards their wives, knowing that an important structure such as the family will not provide support.

Overall her status of being a woman directly makes it her fault if she is facing abuse in the family. These social arrangements allow domestic violence to perpetuate in a society. They are patriarchal in nature. Similar to the situation of women who are from other cultural backgrounds, they are viewed by some family members as “deserting soldiers” should they seek to leave an abusive relationship (Johnston, 2007). This is a form of structural violence because, indirectly, women may think they deserve the punishment they endure. Optow (2011) argues that victims of structural violence think that they are at fault. Athar (1988) indicates that in pre-Islamic Arabian society, the identity of the

216 tribe was more important than that of the family. Tribalism prevented social organisation. Islam sought to replace tribalism with a concept of brotherhood so that social solidarity could be achieved. The Islamic family was established so that individual needs within the family could be taken care of by the group. Yet in contemporary society, the participants are suggesting that abused women are victims of the familial structure which was designed to protect them. Characteristics of structural violence are clearly apparent. In addition to the family, religious leaders must also be analysed as they appear as an important support system.

6.6 RELIGIOUS LEADERS: SOLVING DIFFERENT FORMS OF VIOLENCE OR PERPETUATING AND MAINTAINING VIOLENCE

Religious leaders in this study provided opinions on domestic violence in a South African context. They indicated that domestic violence has no place in Islam. This is a contrasting view compared to the one depicted by Boonzaier and De La Rey (2003), Abrahams-Fayker (2011); and Hoel (2012) as well as anecdotal data that is available on radio stations such as Radio Islam.

Umar and Zahir indicated that the organisations they are part of, assist women in learning vocational skills such as cooking and sewing in order to sustain themselves financially. Umar indicated that if women are empowered financially, then they would know that they can become financially independent and not bear abuse in a marriage. There are also formal structures that assist with counselling to deal with abuse. The Islamic Careline, according to participants, has been useful in this regard. Umar indicated that these organisations assist women in developing a positive self- concept, which can lead to improved self-esteem. Usman was reflective in his praise for organisations such as the Islamic Careline. He indicated that in the past women did not have access to formal organisations through which they could seek assistance. These organisations have been put in place to correct past injustices. In this sense, there is an acknowledgement of past structural wrongdoings. The data suggests that these wrongdoings are still present. However, a generalisation of religious leaders contributing to and maintaining these wrongdoings would be inaccurate. Religious organisations such as the Jamiat in Johannesburg and the organisations that Usman, Ahmed and Amir are affiliated to, seek to assist women in dealing with these past injustices which have led to direct and structural violence. Helpful forums such as the Islamic Careline are used to empower women with the cultural capital that will improve their symbolic capital, which in turn will allow them to leave abusive relationships, as already discussed, some abused women remain mainly because they depend on the finances of their husband. Importantly as Umar pointed out, these organisations are useful because they look to reshape a habitus that might be a victim of structural, cultural and direct violence. Ensuring that women have economic resources can be viewed as a way to solve structural violence which occurred in the past, and which is still currently occurring within marriages. This, in

217 turn, would assist them to realise that they do not need to depend on their abusive husbands to serve as a provider. Umar and Zaheer are turning theory into practice whereby they are creating avenues for women to objectify their cultural capital. Bourdieu (1986) states that the objectification of cultural capital leads to a wage. For example, an artist who sells a painting to a customer. Zaheer and Umar are providing women with opportunities so that they can earn a wage or profit, which allows them to be financially independent. Linked to this issue, participants felt that it is also important for religious leaders to gain training in counselling.

Nordien et al. (2003) indicate that religious leaders need to get training in counselling. Umar, Amir, Imtiaz, Abdur Rahman, Abur Razaaq and Zaheer all indicated that it is important for religious leaders to learn about counselling. Umar indicated that knowledge alone is not enough, you need to have skills to transfer this knowledge in a manner so that it becomes useful. Umar indicated that women who seek his advice are very emotional when they seek the assistance of a religious leader. Irshaad referred to the emotional well-being of women. When women are abused, they need to be assured that Islam and God have not taken their dignity and self-worth away, even if it has been trampled on by their husbands. This is a poignant point as literature indicates that women think that they are going against their religion if they ask for a divorce (Faizi, 2001). Bearing in mind Irshaad’s views Counselling assists in this process. It is also useful in reforming the behaviour of the husband. Others though, indicated that they receive training while studying to become religious leaders

Riaz and Ahmed indicated that religious leaders receive training, but they should always try to improve their competency when they learn skills such as mediation in a conflict between husband and wife. Irshaad referred to the importance of cultural competency (Fritz, 2008), an issue raised by Van Dyk (2005) who states one needs to consider issues such as age. Irshaad indicated that it is sometimes difficult to counsel older women; therefore, he refers them to someone else.

In terms of this issue on counselling, the importance of cultural capital and symbolic capital comes to the fore. Abuse makes a mockery of the symbolic capital of the victims. Religious leaders realise this. This is why Amir indicated that religious leaders need to be trained in counselling as abuse is one of the issues they face on a regular basis. Irshaad also referred to the dignity of women. Therefore, having religious knowledge alone is not sufficient. It is important for religious leaders to gain some form of cultural capital or knowledge in counselling so that they can use their Islamic cultural capital or knowledge in a manner that does not degrade the symbolic status of women. The religious leaders agree with the likes of Nordien et al. (2003) that counselling is important because it is a useful tool in addressing structural violence in a marriage. Assuring women of their dignity, while also addressing their emotional stress, shows that one is emotionally and socially attuned to the issues

218 abused women are facing (Van Dyk, 2005). Again, the suggestion here seems to be that religious leaders can use religious knowledge or religious cultural capital to ease the trauma experienced by women. They can also use this knowledge, as Irshaad indicated, to assure women of their rights and dignity, which is their symbolic capital to mould their habitus which endures severe challenges.

The Islamic Careline was created by the Jamiatul Ulema, which is a theological organisation. They should be credited for creating a structure for assisting women. Usman pointed out that for women, the Jamiat also now has a formal contract in which women can stipulate conditions for asking for a divorce. This does not only increase the cultural capital of women as they now have knowledge about how to protect themselves, it also alerts them to the symbolic capital that they deserve. The habitus in a sense is getting cleansed of the structural and direct violence it was accustomed to.

Religious leaders were asked their views on some of the allegations made against them. One of the issues was “patience” which was raised on Radio Islam and can be found implicitly in the scholarly works of Boonzaier and De La Rey (2003) and Hoel (2012).

Some participants indicated that there is no place for religious leaders advising women to remain in abusive relationships by having Sabr or patience. Umar indicated that such advice is “not fair” on women. In his view, because she is a woman, when she is told to make Sabr, she is actually being told you have no say in the marriage. Ighsaan suggested that religious leaders who provide this form of advice, should be asked whether, they would provide similar advice to women in their own family who were experiencing abuse. In his opinion, if women come for help, it is his moral duty to assist them. If he does not assist them, then he is just as guilty. Shakeel indicated the concept Sabr in the context of marriage, involves both partners making a concerted effort to solve the problem. Men use this concept to assert their dominance. They can do what they want while women are supposed to keep quiet by having Sabr. In his view, this is a form of abuse.

Analysing the issue of Sabr, as indicated before, and it will be reiterated again, one cannot paint all religious leaders with the same brush. The likes of Umar, Shakeel and Ighsaan clearly disagree with this view. At the same time, women, as pointed out by Ighsaan, are given this form of advice. The advice provided to them by some religious leaders becomes social weaponry which men can use to assert their patriarchal dominance. The fields of religion and gender are intersecting, whereby women are denied resources because some religious leaders are not providing them the cultural capital that will emancipate them from abuse. Importantly religious leaders who participated in this study indicated that such an issue can be eradicated if women seek the advice of religious leaders who are specialised in this area of domestic violence and have the relevant experience. In addition to Sabr their views on reconciliation were also dealt with.

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The data revealed that while religious leaders practise reconciliation, it is not an all costs approach. It is the first approach, which, according to Ahmed, is more taxing. He indicated that it is easier to issue a divorce. However, religious leaders do not take this approach because they need to consider the interests of all parties involved. Usman also indicated that one needs to look at the issue of Sabr in an objective manner. Divorce cannot be sought for trivial matters. Instead, a reconciliatory approach, for example, counselling needs to be adopted; or else; the fabric of society will be affected. Taufeeq indicated it is important to learn the truth of a case. Sometimes religious leaders advise women to have patience so they can ascertain what the problem is. Taufeeq indicated that once there was a situation where he thought the case was simple; a woman wished for her marriage to be annulled. However, more investigations showed she was not telling the truth. Zaheer gave a similar view, arguing that his organisation dealt with cases where women agreed that their understandings of situations were misjudged. Ahmed indicated that similar to the operation of a court of law, religious leaders need to follow a due process. He used the example of a cell phone where he stated that even if your cell phone gets stolen, you cannot get justice instantly. Taufeeq indicated that one needs to consider the support networks available to women. Shakeel gave an example of a case where a woman received no help from family members and remains in an abusive relationship. The data suggests that religious leaders consider the different types of capital available to women. Does she have the necessary cultural capital to look after herself financially? One cannot fault them from taking this approach. Shakeel and Amir provided examples of ideographic empirical cases where women did not receive assistance from family, hence resulting in a situation whereby they are denied social capital to assist them. Amir’s example was particularly disturbing as the victim passed away due to injuries inflicted by her husband.

Ighsaan adds an insightful view. He indicates that reconciliation is used as a restorative approach. If an abusive husband’s behaviour is not corrected, providing a divorce will not solve the problem in the long term. He could get married again and behave abusively towards his new wife.

Restoration is combined with strong stances. If religious leaders see reconciliation is not working, then they advise women to consider divorce. Usman and Zaheer indicated that while they use reconciliation, they observe to establish whether husbands are showing signs of reforming. If not, they then encourage divorce proceedings if the wife wants to take this approach. Ighsaan stated, for example, irrespective of whether the couple want to reconcile or not, he advises women to open up a case. In this instance, it can be argued that by monitoring the husband’s behaviour, they are attempting to balance the symbolic capital between husband and wife so that equality within the relationship can be achieved. Van der Merwe who played a part in mediating between the Nationalist Government and the African National Congress during the time of apartheid, argues that negotiation and force

220 should not be seen as incongruent tools that are used to solve a conflict. Rather they should be seen as tools of conflict resolution, which complement one another (Van der Merwe and Odendaal, 1991). In this case, religious leaders are negotiating reconciliation while applying force by asking women to lay a charge against their husbands and monitoring the behaviour of the husband to establish whether any effort is made on his part to curtail his abusive tendencies. It is, thus, argued that some of the religious leaders’ habitus is sometimes informed by the intersecting fields. They are aware that patriarchy, capitalism, law, and religion are all intersecting with each other. As a consequence of these intersections, they consider the amount of capital that women have at their disposal. Hence their use of reconciliation.

Reconciliation is also useful in instances where abuse is committed by both partners. The data suggests that status inconsistency, referred to by family systems theorists (Goode, 1971; Hornung et al., 1981) is important. When partners do not live up to what society demands of them, they may, given particular conditions, resort to force. The data suggested that sometimes women, in the view of the participants, emotionally and financially abuse their partners. Amir’s example of a wife demanding divorce, when her husband could not buy those tickets to the soccer world cup quarter- final, is indicative of this.

Riaz indicated that sometimes couples ask for a divorce and then, later on, realise that they made a mistake. They then blame the religious leader. Upon reflection, when they are blamed, this can lead to them adopting a cautious approach. If a husband is not given a chance to defend himself, he can then argue that he is a victim of direct and structural violence. He experiences direct violence when his wife emotionally abuses him. He is a victim of structural violence when religious leaders do not listen to him.

One needs to put oneself in the mind of or in the habitus of religious leaders. As indicated earlier, when they adopt a point of say let’s see if reconciliation is possible, it might stem from them taking cognisance of the different capitals available to women. The habitus of religious leaders is not patriarchal but one that is caring for women and the broader family.

As pointed earlier, some religious leaders advise women of their rights to divorce and they look to empower them. Fritz (2008), a well renowned clinical sociologist, argues that in the process of mediation, it is important to use the concept of empowerment. Empowerment in the context of a dispute between two different parties entails empowering the weaker party. Religious leaders are trying to empower women by advising them on how to deal with abuse. Asking them to report their husbands to the police can be viewed as a form of empowerment. At the same time, there is a feeling that more can be done here. Given that religious leaders are aware of the patriarchal context that

221 women find themselves in, asking them to report abuse could be viewed as insufficient. Perhaps more can be done by providing women with information on how they can go about reporting cases to the police. The context in which women find themselves, the fields of the family and law intersect with patriarchal norms, providing women with a partial understanding of reality. Families see divorce as a form of stigmatisation, while also reducing the symbolic capital of women by teaching them a form of cultural capital that is patriarchal in nature (Nordien et al., 2003; Rasool, 2012). In this instance, while religious leaders lack the legal authority to reprimand abusive husbands, they can use their symbolic capital by accompanying women to police stations or referring them to an organisation that can assist them in this process.

Bearing the above in mind, religious leaders do not deny that the wrong advice is sometimes given. Ighsaan on various occasions indicated that this is the case. That is why the participants stated it is important to go to individuals who are experienced and who specialise in issues such as domestic violence. Riaz maintained that one should approach the issue similarly to how one would deal with a medical illness, where a person would go to someone who specialises in a specific illness one is experiencing so that he or she receives proper treatment. Taufeeq, Imtiaz and Amir’s views were significant in this regard. Imtiaz indicated that it is important to get practical experience. Ighsaan indicated that one is taught the theoretical aspects of becoming a religious leader. However, they have no practical experience once they finish their course of becoming religious leaders. Amir indicated that an individual might not even be married yet but has for the past six years only been surrounded by men in a religious institution learning to become a religious leader. Now he is asked to deal with a marital dispute, giving advice to a woman who happens to be older than him. Amir is pointing to a structural issue that is problematic. Imtiaz agrees with what he is saying. According to Imtiaz, among the fraternity of religious leaders, there is a view that once they graduate, they can handle any situation. Umar indicated that people that abused women interact with, sometimes wrongly advise them. They may request that they see unqualified individuals, which leads them to getting the wrong advice.

The point made by Hodgett et al. (2014:2038) is important. They indicated that people in power do not realise that their laws are structurally violent. For example, they do not realise how policies involving austerity can influence people’s lives. Contextually, in this study, it can be argued that a similar trend is present. Young religious leaders are inexperienced and are giving advice, which can cause unintentional harm. This is something religious bodies seem to take into consideration. Usman referred to the Jamiatul Ulema having specific structures in place to deal with these issues. Zaheer also indicated that his organisation has structures in place to deal with this issue. While these services

222 are present, it raises an important issue that the Muslim religious fraternity needs to consider on a broader level.

Divorced women seek assistance from religious leaders because they think that religious leaders have the resources to assist them. However, the reality is that the symbolic capital they have limits them in terms of what they can do. Religious leaders indicate that they can mainly advise husbands. They do not have the legal authority to hold husbands accountable for their actions. Ahmed indicated that an abusive husband could take the advice and “throw it back in their faces”. Abdur Razaaq indicated that he was once threatened with a gun by a husband when dealing with a marital dispute. The fact that Islamic law is not legalised in South Africa seems to be a tool used by abusive husbands to continue their abuse because religious leaders are limited in what they can do.

Some of the religious leaders displayed a sense of frustration because of what was expected of them. Abdur Razaaq indicated that religious leaders do not earn enough money. Therefore, they need to supplement their income. In this sense, one notices that the symbolic capital that religious leaders are supposed to have is not supplemented by the economic capital which they are supposedly due. This was a perception that was developed while the data collection process was taking place. I interviewed one participant at his place of work, which was not a religious institution. He was working in the industrial sector. This is in addition to him performing his duties as a religious leader. Amir indicated that people would expect him to help out at any time. Bourdieu (cited in Bourdieu and Wacquant, 1992) indicated that when the habitus of an individual does not psychologically align itself with the social arrangements of a particular field, the individual suffers from hysteresis meaning the individual is not in touch with reality. There seems to be a collective form of hysteresis that is experienced by members of the community and religious leaders. Religious leaders cannot cope with what is expected of them. The community’s expectations of religious leaders seem unrealistic. Bearing in mind that religious leaders find themselves in positions where they are limited in terms of what they can do, and also feeling overwhelmed in terms of what is expected of them from the general public that leads to a sense of frustration, one would think that they will be in favour of Muslim Personal Law. However, this is not the case.

Irshaad and Abdur Rahman doubted the intentions of those who promote the legalisation of Muslim Personal Law. Abdur Rahman called scholars that promote the legalisation of Muslim Personal Law “scholars for dollars”. These participants were the same participants who indicated that they can only play an advisory role. Abdur Rahman indicated that were they to use any force, they would likely be viewed in an antagonistic manner. Irshaad, for example, actually resorts to threatening people with physical violence if they abuse their wives. Ahmed and Ighsaan indicated that they can understand

223 why some religious leaders would be against legalising Muslim Personal Law as it is not Shariah- compliant. However, as Ahmad pointed out, pragmatism is required. Rather take what can be implemented and make sure it is implemented in the correct way. Ighsaan indicated that even in Muslim dominant countries, Islamic law is not practised properly. Zaheer indicated that the legalisation of Islamic law would assist in issues such as domestic violence.

Those participants who are not in favour of Muslim Personal Law yet point out that domestic violence is a serious problem in the Muslim community, seem to be experiencing hysteresis. The fields of law, religion and family are intersecting with one another. There are contradicting norms within these different fields. The laws of the state are in contradiction with the laws of religion regarding the family. Religious leaders such as Abdur Razaaq are against the legalisation of Muslim Personal Law because homosexuality is something which Islam seriously prohibits. However, the laws of South Africa consider homosexuality as normal. Ighsaan and Ahmed agree that the laws of the country are not 100 percent in compliance with Shariah. However, they are prepared to adjust their habitus by being in favour of Muslim Personal Law in a country which is secular as they realise that not adjusting their habitus, would lead to more social problems than solutions. Those participants who are against Islamic Personal Law becoming legalised are against domestic violence. It is important to make this clear. Irshaad and Abdur Rahman passionately point this out. However, they seem to be adopting a romanticised view on the issue of personal law in a society where Muslims make up a minority. As a result, they are not confronting some of the social realities that Muslim women are facing. The social context is one where patriarchy is present. It is a society where they themselves point out that men do not appreciate the symbolic capital Islam awards to women. As Hodgett et al. (2014) point out, sometimes people are not aware of the structural violence they purport. Irshaad and Abdur Rahman are against the direct violence that women experience, but by not supporting the legalisation of Muslim Personal Law, they are denying women a resource which they can use to emancipate themselves from abusive relationships. In doing so, they are unknowingly promoting structural violence. Advice alone cannot assist women.

Hoel (2012) indicated that when women approached the Muslim Judicial Council in Cape Town for assistance in order to deal with marital conflict, they felt a sense of fear and feelings of disempowerment and marginalisation. They felt that religious leaders were not empathetic to their experiences. Abrahams-Fayker (2011) also indicated that religious leaders who deal with domestic violence are mainly males who adopt a conservative approach. In the current study, Ighsaan pointed out that some women feel intimidated because religious leaders adopt an abrupt approach, making the women feel like it is they who are wrong for approaching religious leaders for help. One can argue that it is a form of structural violence, as some religious leaders are using an approach where women

224 feel too intimidated to ask them for assistance. Ighsaan indicated that some religious leaders possess a lot of knowledge or as Bourdieu (1986) would say, cultural capital. The argument he is making is that women are not afforded the symbolic capital that Islam assigns to them, thus making them feel intimidated. In this sense, the feminist theory is useful, as one of the characteristics of domestic violence in a patriarchal society is where “intimate terrorism” occurs (Johnson, 2011); an abuser uses isolation and different control tactics to abuse their partners. Intimate terrorism is mostly practised by men.

When religious leaders adopt an abrupt approach resulting in women feeling a sense of fear and self- guilt, this concept extends towards structures, in particular societies, where women as Galtung (1996) would say, adopt the submissive position given their long period of subordination. Galtung (1996:199) argues that one of the characteristics of structural violence is “penetration”. Consequently, the oppressed believes that whatever problem they are experiencing is necessary (Springs, 2016). This is similar to how politicians indoctrinate victims who think they are to blame for their suffering (Hodgett, et al, 2013). Therefore, when religious leaders use an abrupt approach, which results in women thinking they are wrong for approaching religious leaders, it can be argued that they are penetrating the mind of the abused women. This, in turn, leads to “segmentation” whereby women are only gaining a partial version of reality concerning their role as a Muslim wife (Galtung, 1996:199).

Theoretical sense can be made of Umar’s view that some women feel that they have no place to go or seek refuge. These women who feel afraid, experience these feelings of intimidation and fear because they feel they are marginalised. Again, the habitus of these religious leaders who use an abrupt approach is problematic. The religious field and the patriarchal field intersect whereby religious leaders use their symbolic status, which is influenced by patriarchy. Why patriarchy? Because when they use abruptness and insinuate that it is the victim who is wrong for coming to see them, they are reducing the symbolic status of those women who seek their help.

This scenario echoes the views of feminist theorists such as Kurz (1989), who wrote in an American context. Kurz (1989) indicates that progressive laws promoting gender equality do not manifest in reality. A similar argument can be made here whereby Shariah law clearly states that women should not endure abuse. However, it seems to be lacking in practice. At the same time, the data agrees with Gabru (2004), who states that the South African Muslim community is heterogeneous. Hence, different approaches are used. One can clearly see it within this study. Within organisations, there are differences. The Jamiatul Ulema’s branch in Johannesburg is praised for adopting a progressive

225 approach but its branch in Durban seems to be more conservative by clearly stating on its website that women should not go to university (Jamiatul Ulema KZN, 2018).

While acknowledging that women would feel intimidated, Ahmed also indicated that there are structures such as religious educational centres which produce female scholars who can listen to the experiences of women because they would understand the issues a woman goes through better than a man would. This is illustrated clearly by Abdur Razaaq, whose wife assists him in cases where women have to share sensitive information such as experiences of sexual abuse. This highlights the important point made by Zaheer and Ahmed, on why women need other women to be present when they share such personal information. This is a call for the advice of women religious leaders to be incorporated and centred in addressing a problem of the Islamic community. This is indeed an important finding in a patriarchal context where religious leaders have often been accused by feminist theorists of limiting the agency of women (Boonzaier and De La Rey, 2003;Abrahams-Fayker, 2011;; Hoel, 2012).

Taufeeq disagreed with the notion that women feel intimidated, indicating that women who he had dealt with are not afraid of sharing their views. These views sometimes left him embarrassed. He took the position that women should come with a Mahram or male guardian. The data suggests that such a view is devoid of reality. For example, Umar indicated that it takes a lot of courage for women to approach religious leaders. Abdur Razaaq’s view on how women are sexually abused suggests that it is not easy for women to come forward. Historically, the Prophet’s (PBUH) wife Ayesha was sought out for advice. The question can then be asked: Why should contemporary Muslim societies prevent this from taking place (Bewley, 1999)? The intersection of the Islamic, family, and patriarchal fields makes it difficult because the cultural hybrid that seems to exist in some contexts results in women becoming victims of structural violence. Structural violence also manifests itself in the view of women taking part in a panel discussion.

Irshaad, Zaheer, and Ighsaan were progressive in the sense that they did not have a problem with women being on a panel where they would listen to the issues of other women, but when it came to making the decision of Faskh, they all felt that women should not have a say in this process. In this sense, it can be argued that men still want to have authority over women. Whether intentional or unintentional, this is a form of structural violence because historically, after the Prophet (PBUH) died, his wife Ayesha was consulted on issues relating to Islamic law and governance (Bewley, 1999). How then can women not be consulted in a society which is culturally and structurally violent?

Religious leaders in this study made it clear that they are against domestic violence. Some of them indicated that it is important for the voice of women to be heard. Therefore, it makes one wonder why

226 women should not be part of a panel where they would decide on whether a divorced woman should get a Faskh? This reticence in practice makes them culpable of structural violence even if unintended. These different forms of violence are due to different fields intersecting, with the patriarchal field dominating other fields, resulting in abused women having a habitus which informs them that they do not have the same symbolic capital as men.

6.7 A CULTURE OF VIOLENCE PERPETUATED THROUGH THE INTERSECTION OF DIFFERENT FIELDS

Moosa (2010) and Abrahams-Fayker (2011) argue that, historically, the South African Muslim community adopted a patriarchal, conservative interpretation of the religion. Certain participants seem to be arguing this point. In the context of domestic violence, Usman argued that the community has made strides in dealing with domestic violence by referring to how different organisations assist women. Usman states that “[w]e have come a long way” in terms of creating formal structures such as the “Islamic Careline” and “Muslim Marriages Forum” to assist women should they have any problems.

“We have come a long way” is an interesting point he makes. It can be argued that he is pointing to a time where women did not have the structural means to deal with domestic violence. Galtung’s (1990) concept of cultural violence is useful here. Women who were victims of domestic violence were not just victims of direct violence. They were also victims of structural and cultural violence. Galtung (1990) argues that cultural violence nourishes the growth of direct and structural violence, by culturally normalising structural and direct violence to the point where these violent acts would seem normal to the victim. Afzal (2012) indicates that violence cannot be perpetuated without the assistance of a culture. Dorworth (2001) is of the view that cultural violence devalues certain individuals and groups in society. Taufeeq gave the example of the coloured community where he predominantly works. In this community, he indicated men believe that they do not need to listen to women. Bearing this view in mind it can be argued that if women are socialised into thinking that they are not supposed to speak up against their husbands, then they are susceptible to abuse.

In a traditional Islamic society, women would perform the role of taking care of the domestic affairs of the household while men would financially sustain the household (Nawab, 1997; Ansari, 2006; Suleman, 2011). Participants such as Umar and Irshaad concurred with this gendered view, emphasising the importance of motherhood, however they indicated that this role is not respected by some Muslim men. Umar indicated that men take verses of the Quran in isolation in order to justify their dominance over women. While the man is head of the household, he is not supposed to assume

227 the role using a despotic approach. The Quran clearly calls for mutual consultation (Athar, 1988, Ansari, 2006).

Participants such as Usman and Ahmed indicated that one needs to also look at the social context. The current economic climate makes it very difficult to survive on one income. In their view, women can work as long as they do not compromise their primary duties. Umar and Usman stated that if women are assisting men financially, men need to assist women domestically. Usman uses the example of the Prophet Muhammad (PBUH) to illustrate this point, as he performed domestic chores. This agrees with Athar (1988), who indicated that both spouses can come to an agreement whereby they can adjust their roles in order to assist one another. Bearing this view in mind, Umar indicated that some men do not assist their wives. While women can assist their husbands financially by getting a job, their roles are not restricted to just that.

Ahmed indicated that the social context requires women to perform roles that are beneficial to the Muslim community. Some women prefer going to doctors who are female. These doctors complement their occupational knowledge with religious knowledge. He indicated that women are positively contributing to society by becoming teachers. This seems to agree with Hassan (1988), who indicated that women should not confine themselves to the home for 24 hours a day. He is of the opinion that they should study the society they live in and engage in community activities. Ahmed’s opinion clearly calls for women to partake in activities within a Muslim community where their value enhances the stability of that community. This is an example of religious leaders adopting a progressive stance. Participants such as Ahmed and Usman are using their cultural capital to modify their respective habitus’ in a society, which is changing because of intersecting fields. However, this view was not shared by all participants

Abdur Rahman was not positive about women working. An article was posted, after the fieldwork for this study was conducted, on the Jamiatul Ulema’s KZN (2018) branch website. This article calls for women not to go to university. This article raises certain questions such as: why do women consider divorce as a reason for advancing their education? Why the negativity? Again, this goes back to some individuals who seem to be unaware of the realities that exist in a social climate. The habitus is in a state of hysteresis. Participants such as Irshaad and Umar indicated that women are not appreciated when they assume the role of a wife. Umar suggested that some women who come to seek his advice, remain in abusive relationships because they are financially dependent on their husbands. These are not characteristics of an Islamic society. Views such as women being the cause of social problems because they leave the home as suggested by Abdur Rahman, and that women should not seek an education because the rationale behind women seeking an education is defeatist in nature are

228 characteristics of cultural violence. Dorworth (2001) indicates that devaluation of one group by another is a characteristic of cultural violence. When certain religious leaders suggest that women should not gain an education, which can be empowering to them, it can be argued that some women are victims of cultural violence, which socially imprisons them. On the one hand, they cannot leave a relationship because they are financially dependent. On the other hand, available avenues of emancipation where women can empower themselves are frowned upon. Women, therefore, seem to remain in abusive relationships because they lack economic capital. The intersection of religion, gender, economic,and patriarchal fields, creates an invisible form of violence, which will be difficult to eradicate if the focus is not on the cultural causes of domestic violence. One can understand why individuals such as Muslim feminist Wadud Muhsin (1992) called for a reinterpretation of the Quran particularly in respect of women’s positions and economic roles. This agrees with Athar (1988:157) who states that when women experience subjugation that is religiously justified, they will feel inclined to consider Islam unjust.

The irony and paradox that comes with this analysis is rather painful. Women in the workplace, according to Ahmed, are not seen as a predicament. If anything, it empowers women. Ahmed used the example of the Lenasia Muslim School, which has a female principal. Additionally, it has a Muslim women’s wing. When this approach was being used, the approach was not detrimental. The stereotypical image of women as passive individuals with no sort of agency loses credibility. Women took part in wars during the time of the Prophet Muhammad (PBUH), while also assuming government positions (Bewley, 1999). The example of the Muslim Brotherhood comes to mind. The Muslim Brotherhood had a women’s wing which stood up to an oppressive regime in Egypt (Nawab, 1997). In South Africa, Muslim women are making a positive contribution to society. Soni2014a; 2014b) , who works in trauma units in South African government hospitals, uses social media to raise awareness about social inequalities facing South Africans and disadvanted people around the world.(Twitter). In more contemporary South Africa, Muslim women play an important role in state and political institutions. For women to play these types of roles, it is important to consider the moulding of the habitus. Religious leaders who are part of the religious field play an important role as they are distributors of cultural capital. The important issue to consider is the type of cultural capital that is distributed by some of them. When a hysteric view such as working women are the cause of social problems is projected, the habitus of future women aspiring to make a difference in society can be compromised. Some families might refuse to educate women, bearing in mind Amir’s view. Amir indicated that some women are socialised in such a manner whereby they are taught that they should submit to their husbands, a point made by feminist Al Khateeb (n.d.).

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Ahmed’s view, however, also indicated that academics such as Boonzaier and De La Rey (2003), Abrahams-Fayker (2011), and Hoel (2012) should not paint all religious leaders with one brush. Bham on his radio show, “The Social Programme with Moulana Ebrahim Bham” which airs on Radio Islam, vehemently spoke out against domestic violence in the Muslim community arguing that there is no place for domestic violence in Islam (Radio Islam, 2014). The results from this study indicate that religious leaders are making an effort to assist women in becoming financially empowered. Umar’s and Zaheer’s organisations have made strides towards this endeavour of empowering women financially, so that they are not dependent on men.

While there have been improvements, more needs to be done. Religious leaders need to consult women before deciding on whether to award a woman a Faskh. Yes, income is important; however, the voices of women need to be understood. Some religious leaders pointed out that they themselves find it difficult to counsel women because of gender-sensitive issues. Yet these gender-sensitive issues must be considered when deciding on whether a woman’s request to annul the marriage should be granted. This is in keeping with historical Islamic practices. If the Prophet Muhammad’s (PBUH) wife Ayesha was consulted on important issues regarding Islamic jurisprudence, then religious leaders should not have a problem in asking women their views regarding Faskh especially since the data suggested they find it difficult to assist women with gender-sensitive issues (Bewley, 1999). Not taking this into consideration creates an environment of cultural violence because the message that is sent out, is that women do not possess the symbolic mental capacity to advise in cases of divorce, irrespective of the cultural capital/knowledge they possess.

6.8 CONCLUSION

Using different theories namely family systems theory, feminist theory, theories on violence and Bourdieu (1986; 1992 cited in Bourdieu and Wacquant), this chapter demonstrated that one cannot simplify the issue of domestic violence. To understand domestic violence in its visible form, it is important to consider how it manifests itself in an invisible form in prevailing structures. Some of the structures are influenced by violent cultural norms which are patriarchal in nature. Dominant patriarchy shapes Islamic social and marital relations at present, creating a particular ethos. Within the structure of Muslim families, Muslim women who are victims of domestic violence, come from an environment where they are viewed as subordinate to men. According to certain participants, they lack symbolic capital to emancipate themselves because some of them internalise the norms which imprison them in abusive relationships. Within the family structure, even if women have the necessary cultural capital, the symbolic position which they internalise, can make it difficult for some of them to realise their potential. Religious leaders are cognisant of this. Participants such as Umar,

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Zaheer and Shakeel referred to how they are trying to assist women in increasing their different capitals in an environment which is challenging because of the intersections of different fields; with the patriarchal field being the most dominant. This is indicated by some of them showing a positive attitude towards Muslim Personal Law. However, while indicating that domestic violence has no place in Islam, some religious leaders need to reconsider how they deal with certain issues, particularly the role of women in the workplace, their ambivalence towards Muslim Personal Law and women’s place in Islamic jurisprudence. Adopting a negative view on these issues makes them culpable of committing structural and cultural violence.

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CHAPTER SEVEN RECOUNTING THE SLIPPERY PATH: REFLECTIONS, LESSONS AND RECOMMENDATIONS

7.1 INTRODUCTION

The purpose of this chapter is to highlight the key arguments made in the literature and the key findings found with regard to Muslim religious leaders’ views on domestic violence experienced by Muslim married women. This leads to a discussion on recommendations suggested on a practical and scholarly level.

I began writing this chapter after the Christchurch Mosque shootings that claimed up to 50 innocent Muslim’s lives in New Zealand. In a world where violence, either direct or indirect, seems to be ever- increasing, it is important, for social scientists especially those who are ‘insiders’ within a community which has been on the receiving end of hate, to be at the forefront of dealing with misconceptions surrounding Islam. In a post 9/11 society, the role that Muslim women play in society has been under the spotlight. A problem such as domestic violence within Muslim communities needs to be scientifically investigated. This research has shown that domestic violence goes against the spirit of the Quran, which preaches the message of peace and social justice. Ignoring social problems such as domestic violence does an injustice to the character of the Prophet Muhammad (PBUH). Therefore, such research needs to be conducted if the goal of a socially just and progressive society is to be achieved.

Despite the fact that Islam awards women various rights as stipulated in the primary sources of Shariah, at the outset of this research, it was openly acknowledged that domestic violence is a scourge facing Muslim communities in South Africa (Nordien et al., 2003; Mubaruk, 2004; Johnson, 2007; Al Asi, 2012). Citing different authors (Al Khateeb, n.d; Mubaruk, 2004), it was argued that patriarchal interpretations of the Quran have partly led to the justification of domestic violence by some abusive husbands. The research began by analysing Chapter 4:34 of the Quran, which has been used by perpetrators of domestic violence to justify their behaviour. The exegesis provided by some, even though it might not have been their intention, led to patriarchs using this verse to justify the abuse of their partners (Mubaruk, 2004). The conservative approach in analysing this verse, even though it tries to restrict a husband beating his wife, set a precedent for domestic violence to be practised in Muslim communities (Mubaruk, 2004). This brings into question the role that religious leaders play, as they are the dispensers of Islamic knowledge. Some authors such as Abrahams-Fayker

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(2011) and Hoel (2012) indicate that the Muslim clerics in South Africa adopt a conservative approach in dealing with domestic violence. They are accused of not considering the voice of women in general and victims of violence in particular, as religious committees that deal with the issue of domestic violence are largely male, they are also criticised for adopting a reconciliation by all means approach. The antagonistic approach towards the legalisation of Muslim Personal Law by some religious leaders leads them to be criticised by observers as “conservative” (Moosa, 2010; Dadoo and Cassim, 2012). However, it was also noted that anecdotal evidence suggests that some religious leaders are increasingly speaking out against domestic violence (Jamiatul Ulema, 2013; Radio Islam, 2014). They would be categorised as more progressive and enlightened. Given that religious leaders’ voices were missing, there was an important gap that needed to be analysed sociologically, as religious leaders are important stakeholders in dealing with the issue of domestic violence in the Muslim community. Therefore, this research sought to address the following research question: What role do religious leaders play in addressing and speaking to the issue of domestic violence experienced by married Muslim women? More specifically, how do they advise women who consult them on these matters to address abuse in their marriages? The focus was on married Muslim women’s experiences because, in Islam, non-marital co-habiting relationships between men and women are frowned upon. As such, it was perceived that only women who were married would seek the counsel of religious leaders when they experienced domestic violence. This research sought to understand religious leaders’ opinions on the seriousness of domestic violence, why it occurs in the Muslim community, and how they deal with the issue.

7.2 SUMMING KEY ARGUMENTS FROM THE LITERATURE

Many arguments were made in the literature. The key arguments appearing in literature will be briefly discussed.

7.2.1 Status of women in Islam

Chapter two highlighted the rights women have in Islam. Prior to Islamic inception in the Arabian Peninsula, women were regarded as second class citizens. Islam provided them with education, political rights and economic rights (Nawab, 1997; Bewley, 1999). In contemporary societies, it is seen that within certain countries, women are exercising these rights. In countries such as Malaysia, Egypt and South Africa, Muslim women are taking political stances while also making sure they gain an education which allows them to gain an income (Abbas, Shevasi and Torabi, 2012; Assadullah, 2014; Soni, 2014a; Vakil et al., 2015). However, It was also found that in some societies, for example in the Middle East, the Indian subcontinent, in some parts of Africa and even within certain quarters of the South African Muslim community, some Muslim women are denied important social rights

233 such as economic, religious, and political rights (Shukla and Shukla, 1996; Sada et al., 2005; Rabbani et al., 2008; Surtee, 2010; Akhtar and Metreux, 2013; Akeel, 2017). In examining why women do not have access to or practice these rights, a common theme emerged, namely patriarchy.

A number of authors point out that patriarchy is a dominant social factor in Muslim society. Ahmed (2000) states that men were favoured in education in the UAE and Surtee (2010a) states that men were clearly favoured in engaging in religious rituals in South Africa. It was further argued that a patriarchal interpretation of Islam is predominant in certain aspects of societies around the world that leads to some women not practising, or not being able to practice, their rights. With the acknowledgement of these nuances in mind, the chapter then discussed marriage in Islam. The key factor that emerged from this discussion was the roles of men and women in the relationship.

7.2.2 Roles of men and women in the marital relationship

Marriage in Islam is seen as an important component of the stability of Islamic civilization. Both partners are seen as different but equal. As equals, they are meant to protect and bring out the best in each other. This manifest itself in the different functions of marriage, such as engaging in recreational activities as well as fulfilling each other’s emotional and sexual needs. (Doi, 1984; Athar, 1988; Hassan, 1988; Nawab, 1997; Ansari, 2006; Suleman, 2011). In this sense, the role of a woman is of utmost importance. While her husband is conventionally in charge of maintaining the household economically and protecting his family, as a housewife, she is in charge of moulding children into responsible human beings. This is a scenario one would find in a traditional Islamic society. Women can negotiate their roles with their husbands (Athar, 1988; Nawab, 1997). The most important principle in an Islamic marriage is mutual consultation which must ensure that the family, which is seen as a bedrock of society, is not compromised (Athar, 1988; Hassan, 1988; Ansari, 2006). If a home cannot maintain itself on one income, it is accepted that women can work outside the home as long as they do not ignore their primary duties, which is that of motherhood (Nawab, 1997). Additionally, if they can contribute positively in arenas beyond the family, then they are allowed to. In such a situation, if they are assisting their husbands economically, then their husbands should assist them domestically (Athar, 1988). Empirical evidence though points out that in certain Muslim countries and communities, Muslim married women do not enjoy the rights and status that Islam affords them.

In Arabian, Asian and African countries, women who work outside the household are frequently ridiculed because they are going against the societal norms of staying at home. The reason for this is that the Quran is interpreted with a patriarchal lens (Al Khateeb, n.d.; El Saddawi, 1982; Munir, 2002). However, patriarchy is experienced differently. Importantly, women who come from upper-

234 class homes are unlikely to encounter such experiences because they have the resources which middle-class and working-class women do not have (El Saddawi, 1982; Sada et al., 2005; Rabbani et al., 2008; Akhtar and Metreaux, 2013).

Motherhood is no doubt an important role. Reading the views of the feminist Ridley (2006), it can be argued that its importance is minimised in the West. At the same time, important social realities cannot be ignored. Wadud Mushin (1992) indicates that it is difficult to maintain a household on one income. In subsequent work, she alerts readers to the realities faced by single mothers who do not have any legal protection (Wadud, 2006). Now in such cases, Islam awards women these rights such as going out to work. Shariah indicates this. However, when some of them look to assist in maintaining households, they are viewed negatively (El Saddawi, 1982; Sada et al., 2005; Akhtar and Metreux, 2013). While men are viewed as leaders of the home, they are not supposed to embrace this role dictatorially. The Quran asks for mutual consultation. However, in many societies, women are seen as subordinates.

7.2.3 Patriarchal dominance and socio-economic dependence leads to women remaining in abusive relationships

Across the globe, it was found that some Muslim women experienced different types of abuse (Faizi, 2001; Munir, 2002; Nordien et al., 2003; Rabbani et al., 2008). It was found that patriarchal interpretations make women susceptible to abuse by isolating their role to the household and limiting their role to motherhood (El Saddawi, 1982; Rabbani, et al., 2008; Sadiqi, 2010). It was established that Islam allows women to remove themselves from abusive relationships by giving them the right to divorce (Gabru, 2004; Vahed, 2006). Despite being awarded this right, many women still remain in abusive relationships. In countries such as Morocco and Pakistan, women who came from lower- class backgrounds and lacked education were more likely to remain in abusive relationships. They are thus economically dependent on their husbands. Also, they are worried about stigmatisation and being seen as a failure in the eyes of the community (Faizi, 2001; Rabbani et al., 2008; Sadiqi, 2010; Akhtar and Metreaux, 2013; Khan, 2013). This brought into question the role of the family.

7.2.4 The family: A structure that promotes abuse

In Islam, the family is one of the most important structures in society; it is a structure, which is supposed to cultivate norms of mutual respect between members and act as a supportive cushion for members. These norms are then transmitted to the broader society (Athar, 1988; Hassan, 1988). Within Muslim communities around the world, some men assume a deity type position in marriages and the broader community because of the cultural environment they are a part of. Women are viewed as secondary citizens whereby they internalise norms of being secondary to men. They lack an 235 economic and social identity. Within the family, some women are taught that they are inferior to men. Some women are taught that they cannot work and seek an education, yet when they face abuse, families refuse to assist. Family members deny women resources because they are more concerned about the status of the family as opposed to the welfare of an abused woman who is a family member. This is one of the reasons why women refuse to initiate divorce proceedings. This takes place despite Islamic norms suggesting that families are supposed to look after members in need (Al Khateeb, n.d.; Hassan, 1988; Faizi, 2001; Nordien et al., 2003; Sada, 2005; Yusuf, 2005; Rabbani et al., 2008; Sadiqi, 2010; Zuberi, 2011; Radio Islam, 2014; Khan, 2013). Religious leaders were brought in question as they are supposed to be educating family members about how to deal with these issues.

7.2.5 Religious leaders accused of not assisting women

Some religious leaders were accused of adopting a reconciliation at all cost approach, intimidating women who seek their help and favouring men who had a high stature in broader society. Women find it difficult to understand how their religion condones the abusive behaviour they face from their husbands (Boonzaier and De La Rey, 2003; Zuberi, 2011; Hoel, 2012). It was argued that religious leaders are probably not assisting women with divorce because Islam discourages divorce. However, it seems that they are taking reconciliation to extreme levels as women have a right to remove themselves from abusive relationships (Ahmed, 2003; Gabru, 2004; Vahed, 2006). At the same time, there are religious leaders who are trying to assist women, arguing that domestic violence has no place in Islam (Zuberi, 2011; Jamiatul Ulema, 2013; Radio Islam, 2014;). Therefore, one cannot assume that all religious leaders can be put in the same category.

7.2.6 Domestic violence or intimate partner violence

Domestic violence cannot be considered as wife battering anymore as its victims and perpetrators of domestic violence hail from different types of relationships and sexes. The term domestic violence is seen by some to neutralise violence experienced by one gender over another so that it can accommodate those who are in same-sex marriages and not in marital relationships. Hence the concept intimate partner violence is preferred by certain scholars (Byrne and Senehi, 2002; Rasool, 2012; Strong and Cohen, 2014). While there is an argument that domestic violence is experienced by different individuals, regardless of their gender or sexual orientation, women tend to be victims of domestic violence more so than men (Hearn, 2012). Moreover, women are likely to use the term domestic violence to categorise the violence they experience in the domestic sphere (Hearn, 2012). Therefore, in the context of this study, the term domestic violence was used to address violence experienced by Muslim married women.

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7.2.7 Domestic violence is not just physical abuse

Domestic violence is not just physical violence but manifests itself emotionally, for example insults (Byrne and Senehi, 2012; Abraham; 2005; Strong and Cohen, 2014). Sexual abuse is also viewed as domestic violence as it occurs in the form of infidelity and marital rape (Abraham, 2005). Additionally, economic abuse is also considered as domestic violence because one partner financially denies the other partner money. One partner also denies the other access to other economic resources such as access to property, and access to employment (Matthews, 2004; Hearn, 2012, Strong and Cohen; 2014; Postmust et al., 2018). To understand why this form of violence occurs it was important to look at invisible forms of violence.

7.2.8 Looking beyond physical violence

To gain a deeper understanding of domestic violence, a broader understanding of violence needed to be looked at. Violence, in its visible form alone, does not allow one to fully comprehend issues such as domestic violence. It is important to consider how violence manifests itself culturally and structurally. Cultural violence occurs when one category of people is viewed as superior to other people (Galtung, 1990). In the context of domestic violence, literature showed that men are viewed as superior to women via family and religious structures. Culturally, these norms promoting superiority of one another are legitimised in various structures such as the family and religious institutions. Some families socialise women into thinking that their husbands are superior to them (Al Khateeb, n.d.; Faizi, 2001; Munir, 2002; Zuberi, 2011). Also, asking women to remain in abusive relationships to protect the status of the family can be viewed as structural violence as it goes against Islamic norms, which state that family members should assist one another (Athar, 1988; Hassan, 1988; Faizi, 2001; Suleman, 2011; Radio Islam, 2014). Within these structures, men assume a dominant position, which allows them to abuse women because they view themselves as being normatively correct (Al Khateeb, n.d; Galtung, 1990, 1996; Dorworth, 2001; Faizi, 2001, Nordien et al., 2003; Bourgeois, 2010; Spring, 2016). Some religious leaders and organisations adopt a reconciliation at all cost approach when women approach them for support. Some of them do not alert them to their rights and they sometimes adopt an intimidatory stance when women seek their assistance. Again, if religious leaders are adopting such an approach, it can be argued that they are committing structural violence by culturally devaluing women (Boonzaier and De La Rey, 2003; Gabru, 2004; Hoel, 2012).

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7.3 FINDINGS CONCURRING WITH THE LITERATURE

Certain findings concurred with the literature. Some of these finding are men abusing their roles, religious leaders’ views on domestic violence, socialisation contributing to domestic violence, debates surrounding verse 4:34 and Muslim Personal Law.

7.3.1 Men do not appreciate the role their wives play in a marriage

The first theme that was discussed was roles of spouses in a marriage. Similar to the literature (Athar, 1988; Nawab, 1997; Ansari, 2006), participants indicated that in a traditional Islamic society, women should look after the economic responsibilities of the household while men should economically sustain the household. For the participants, both roles are seen as equally important. While acknowledging this point, some of them also indicated that the role of women is not limited to that of the household. If they could make an important contribution to society, they should do so. References were made to women being teachers and doctors while others referred to women working in the very same organisations as themselves. Importantly, they also indicated that one needs to consider the current economic climate whereby it is difficult to sustain a household on just one income. Therefore, it is regarded as acceptable for women to work as long as they do not neglect their domestic duties. With this point in mind, similar to the likes of Athar (1988), the participants agreed that men should assist women with household chores just as to how women assist them with economically sustaining the household. While acknowledging the equality of women and men in an Islamic context, they pointed out that the principle of equality does not always manifest itself in practice. Some men do not appreciate their wives who take on the role of a housewife while others do not appreciate their wives who work and simultaneously domestically maintain the household. Athar (1988) indicates that men do not appreciate the importance of motherhood and the amount of time and energy that is required to fulfil this role. This results in women feeling worthless. Neither role is exclusive, should a wife assist her husband in the home, it is incumbent of him to assist her in the household (Athar, 1988). The findings suggested that whether women worked, or remained in the home, they are rarely appreciated by their husbands. This theme was important because it laid the foundations for understanding why domestic violence occurs in the Muslim community.

Patriarchy determines and shapes lives. In an ideal Muslim community or Islamic field, men and women are equal. They would have the same amount of symbolic capital. Having equal access to symbolic capital means having access to other types of capital. Despite the economic status of either, men would not abuse their wives. The Quran refers to how they should protect each other (Athar, 1988). However, one notices that the field intersects with other fields, which are race, economics and patriarchy. While an argument can be made stating that abuse occurs because of the economic field

238 intersecting with the Islamic field, one cannot ignore the importance of the patriarchal field where participants indicated that men do not appreciate women irrespective of whether they decide to play the role of a housewife or they display economic independence in playing a part in maintaining the household. Women should be in a position to assert their will or demand that their husbands be active in creating a stable home (Athar, 1988).

7.3.2 No place for domestic violence in Islam

Participants indicated that there is no place for domestic violence in Islam by referring to the Quran and Sunnah. However, they indicated that domestic violence is a serious issue in the Muslim community. This confirmed the assertions of Nordien et al., (2003) and Johnston (2007) who indicate the seriousness of domestic violence in the Muslim community. Participants indicated that different forms of domestic violence are evident in the Muslim community. Most of them indicated that emotional abuse is very prevalent while also mentioning physical, sexual and financial abuse. In agreement with Tjaden (2004), it was pointed out that emotional abuse leads to physical abuse. Sexual abuse manifests itself in the form of extramarital affairs and Halala, an un-Islamic practice whereby a husband forces his wife to marry another man after he divorces her but wishes to reinstate the marriage (Gupta, 2018).

7.3.3 Socialising children in terms of patriarchy

Participants also referred to the manner in which children are socialised. It was indicated that some women are brought up to serve their husbands, while boys are spoilt by their mothers. These findings indicate the relevance of the feminist theory and family systems theory and how both are relevant in illuminating issues (Anderson, 1997; Bograd, 1999). Patriarchy is embedded within the norms and values of a particular cultural background and social context of the abuser. Norms within the Indian and Coloured communities that place emphasis on men needing to conform to practices that emphasise superiority over women were given as reasons for domestic violence occurring in the Muslim community. In the coloured community, one participant indicated that there is a phrase that states that “I am a man and women cannot tell me anything”. It was also pointed out that in the Indian community, men tend to hold onto an identity of superiority over women. This can be traced back to norms and values from the Indian subcontinent where South African Indians originate. Rabbani et al.,(2008), Samanthroy (2010) and Shukla and Shukla (1996) indicate that in India and Pakistan, women were viewed as second-class citizens. Moreover, the upbringing of children with norms that are patriarchal in nature must be considered.

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7.3.4 Families: Complicit in domestic violence against women

The family is seen as playing an important role in this regard. According to some of the participants, family members are worried about how their status would be affected in society. Some religious leaders also indicated that there is a lack of willingness to assist women economically and emotionally. Sometimes economic support is available but emotional support is lacking. Some women also remain in relationships because they are concerned about the stigma they will face. They do not want to disgrace their families. Adding to this point, the findings also revealed that women are afraid to ask for help from families when the family did not approve of their choice of partner in the first place. It was noticed that class, patriarchy and culture intersect. Religious leaders’ views agreed with international and local literature as well as anecdotal evidence (Faizi, 2001; Rabbani et al., 2008, Suleman, 2011; Akhtar and Metreux, 2013; Khan, 2013) which indicated that Muslim women tend to remain in abusive relationships because they do not want to be seen as failures in the eyes of their family members. At the same time, they are afraid about how they will economically sustain themselves. Literature indicated that women who come from an economically disadvantaged background were more likely to remain in abusive relationships (Sadiqi, 2010). Similarly, in this study, the men’s views were that women remain because they are afraid of how they will financially sustain themselves. Yet one cannot divorce class from patriarchy because women are seen to be dependent on men. When some families put their family identity first, ahead of the security of abused married women in their families, then the point made by Dobash and Dobash (1979) is relevant whereby women are seen as second-class citizens. Evidence of women not receiving support was attributed to culture by the participants. Samanthroy’s (2010) view that once women leave the household, it is not the duty of the family to look after them, seems to resonate in this case. Even in cases where women could economically sustain themselves, one of the reasons why they still remain in abusive relationships was because of the stigma attached to divorce, something which Dangor (Personal Interview, December 2014; September 2019) has pointed out.

Family members, according to participants, are worried about the stigma associated with divorce. Hence, they encourage women who are experiencing abuse in their marriages to remain in these relationships. This is a form of structural violence as women are denied important resources, which are due to them. The discrepancy in symbolic capital provided to women brought into question the role of the family. The family is seen as an important structure in Islam. Within the structure of the family, members assist one another emotionally and economically (Hassan, 1988). The results, however, contradict this view. It also informs the habitus of some abused women in terms of their status in society. Bearing in mind the participants views, the habitus of women is saying that your well-being is not as important as the status or symbolic capital of the family.

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The family is also seen as an important structure in which children are socialised. Islam does not discriminate on the basis of gender when resources or capitals, as Bourdieu (1986) would say, are distributed. However, the results sometimes agree with feminist literature that family is a structure where women are viewed in relation to men (Dobash and Dobash, 1979; Chang, 1996; Ahmed, 2000; Sadiqi; 2010). Education is not emphasised for some women. Instead, emphasis is placed on cleaning and cooking. Women are taught that their husbands are similar to that of a deity. Boys are also brought up in an environment where they do not respect women. This agreed with international scholars such as Faizi (2001) and local scholars such as Nordien et al. (2003) where the family members engrain values in the mindset or habitus of women, which results in women internalising norms which indicate that they are inferior to men. It was thus argued that women are victims of structural violence because their mindsets have been penetrated, in that they think the abuse they are going through, is their fault (Springs, 2016). When women think that they are dependent on men, then it can be argued that they are victims of structural violence via the process of segmentation. They are also marginalised because their sense of reality is blurred (Galtung, 1996). Islam indicates all human beings should only depend on God and not another human being.

There were nuances in certain instances where some participants indicated that families support women, which agreed with the literature (Faizi, 2001). Participants indicated that sometimes family members want to provide support, but they lack the resources to financially do so. Sometimes they provide support but the type of support they provide is not conducive to the point that the support they provide can be considered as abusive towards the husband. For example, ridiculing him in terms of what he provides and telling their daughters that they can come home whenever they want.

7.3.5 Verse 4:34 – The debate continues

Manipulation of Chapter 4 verse 34 was also cited as a reason for men abusing their wives. Some participants indicated that men clearly manipulate this verse to justify the beating of women. In the eyes of the participants, they indicated that this verse in no way sanctions domestic violence. While participants indicate that this verse does not sanction domestic violence, their interpretation of this verse indicated the importance of Mubaruk’s (2004) argument. Some of them still refer to the word Daraba as light beating similar to scholars such as Al Tabari, Zamakhshari, Razi (Mubaruk, 2004) and Al Asi (2012). As Mubaruk (2004) indicated, this is problematic when one lives in a society, which is patriarchal. In a patriarchal society, this will lead to men abusing their wives. In a patriarchal field, some men are awarded more symbolic capital than women. It can then be postulated that some of them will manipulate the cultural capital to maintain symbolic hegemony over women. As already indicated, some of the participants mentioned women are not appreciated in relationships whereby

241 they assume the role of housewife or assist in running the household. In such a society, it becomes easy to manipulate Quranic verses as suggested by Mubaruk (2004).

7.3.6 Muslim Personal Law: Some say yay, some say nay

The literature indicated that there is a difference of opinion regarding religious leaders’ views on legalising Muslim Personal Law. Certain religious leaders were in favour of Muslim Personal Law becoming legalised in the country. It would assist in dealing with issues such as domestic violence. On the other hand, there were some leaders who were not in support of it because for them, Islamic law cannot be intertwined with the legalisation of same-sex marriages. The findings agreed with the likes of Moosa (2010) and Dadoo and Cassim (2012), who indicate that some religious leaders are conservative in their thinking, thereby not wanting Muslim Personal Law to be legalised. At the same time, there are religious leaders who are open to change as they realise the nature of the social context Muslims in South Africa find themselves. What was surprising when dealing with this issue, was that the same religious leaders who were against the legalisation of Muslim Personal Law, still advocated for women to report cases to the police, a legal and protective institution, which they do not agree with. They still have a traditionalistic notion of the practice of Islamic law in a society where Muslims make up a minority. While they are against domestic violence, they are ignoring the realities posed by these intersecting fields as suggested by other participants. In this sense, it is argued that they are suffering from hysteresis as suggested by Bourdieu (cited in Bourdieu and Wacquant, 1992) and are unintentionally causing structural violence by being against a form of law, which will be an important resource to women facing domestic violence.

7.4 ORIGINAL FINDINGS EMERGING FROM THIS STUDY

Five original findings emerged from this research. They relate to support, counselling, reconciliation, patience and seeking the assistance of women.

7.4.1 Support provided to women

Religious leaders indicated that they offer theological, psychological and economic support. Economic support is provided via funding women and advising them to become financially independent. This is accompanied by psychological support in which religious leaders use the psychological services provided in the Muslim community such as the Islamic Careline and Helpline. The Careline was created by the theological organisation, the Jamiatul Ulema. It was pointed out that this organisation assists women to become psychologically empowered. Only by becoming psychologically empowered will they become financially empowered. In this sense, religious leaders are addressing the structural violence brought about by the intersections of the patriarchal, economic 242 and religious field, by introducing structures that look to counter such violence with the focus on changing the habitus. They themselves acknowledge that this did not exist historically. Religious leaders also emphasised the importance of premarital education. The argument made by them is that newly married couples do not know what marital life entails. For example, they do not know how to draw up a budget. Marriage classes are also important in that they allow one to overcome patriarchal ways of thinking. While these services are provided, it was indicated that there is a lack of willingness to use these services.

7.4.2 Views on counselling

The participants were by and large in favour of religious leaders gaining training in counselling with some making specific reference to domestic violence. They indicated that knowledge alone is not sufficient. The way one conveys knowledge is important. Counselling allows for this. Taking this view into account, it can be argued that participants are saying that religious leaders should build on the religious and cultural capital they possess with knowledge of counselling. Importantly, they also indicated that it is useful for women to become counsellors because sometimes women will not find it easy to talk about sensitive issues with a man. In this sense, the habitus of religious leaders must be praised as some of them are considering the symbolic status of women. By indicating that women should seek the advice of women who are counsellors, they are aware of putting the needs of women first. While there was general consensus, some of them disputed whether they are getting training. There was an indication by some religious leaders that counselling is not part of the vernacular syllabus whilst others indicated it was. However, those participants who indicated that it was part of the syllabus, stated that they should learn more skills. This seems to indirectly agree with participants who indicate that counselling should be introduced into the curriculum.

Despite providing these different forms of support, participants themselves acknowledged that such support is not sufficient which makes it all the more surprising that some of them were against Muslim Personal Law becoming legalised since they advise women to use state structures such as the police.

7.4.3 Reconciliation in the interest of all parties

A pertinent issue that emerged in the literature was that religious leaders use a reconciliation at all cost approach (Boonzaier and De La Rey, 2003; Hoel, 2012). Participants indicated that it is used as a first approach and not as an at all cost approach. Participants need to consider the socio-economic position of women. Sometimes women cannot fend for themselves and their support is limited. They also consider using a restorative approach in trying to change the behaviour of husbands. The same man can get married to another person and abuse this person. While they adopt this stance, they set

243 time periods for husbands to change their behaviour. If they see no change, they advise abused women to seek divorce. Issuing a divorce will only assist in the short term. This approach has been used by mediators who do not see negotiation and force as alternative tactics on opposite extremes, but complementary tools (Van der Merwe and Odendaal,1991). They also do not have the legal authority to hold a husband accountable.

It was concluded that religious leaders are aware of the intersecting fields (patriarchy, religion, finance, family) that influence the resources available to women. Awareness of these different fields influences how their own habitus is constructed in terms of trying to solve the problem. While using reconciliation, they monitor the behaviour of the abusive husband in question. If they do not see change in behaviour, they advise women to seek divorce. While acknowledging domestic violence is a serious problem, participants also indicated that there are cases of lying on the part of women and people asking for a divorce for trivial matters. In this instance, the influence of the Islamic field can be noticed, as marriage should not be broken over issues that can be resolved as marriage is a tool through which the family, an important structure of Islamic society, is formed (Doi, 1984; Hassan, 1988; Suleman, 2011). One can argue that they use reconciliation and force as complementary tools. In this process, they look to empower women, a useful tool in mediation (Fritz, 2008) by trying to ensure an equal distribution of resources. In this sense, they are ensuring that women receive cultural capital, which will increase their symbolic capital. This is a pertinent finding as religious leaders are providing important recourses to women in a society where there are different fields with one of them being patriarchy.

While religious leaders point out that they are advising women, it is suggested that they try and assist women to gain access to the police as they themselves indicate that they can only advise in such situations as they are limited in terms of exercising legal authority. This is of particular importance because they also take into consideration the socio-economic position of women. Using the police will only ensure that they have the law on their side which will allow them to use Van der Merwe and Ondendaal’s (1991) suggestion of alternating force and negotiation more effectively in an environment where the fields of patriarchy, economy and religion intersect.

7.4.4 Sabr does not mean turn the other cheek

One of the themes that emerged from the data and the literature was the concept of Sabr or patience used as a form of advice by some religious leaders given to women who are victims of marital violence (Boonzaier and De La Rey, 2003; Hoel, 2012; Radio Islam, 2014). Participants acknowledged that advice such as asking women to remain patient and forebear the pain is given. However, they argue that this advice is wrong. Furthermore, Sabr for them does not mean one should

244 endure patience while her husband abuses her indiscriminately. Sabr, according to Mogahed (2012), has different meanings, one of which is to stand one’s ground. Building on this point when religious leaders give this advice, the use of the word in a particular context must be considered. When they say, “have patience”, they do not mean that one should just go back to an abusive relationship. Rather the religious leader is asking for time to ascertain what the facts of the case are.

Participants also indicated that one should not just go to any religious leader. It is important to go to individuals who are experienced and have the qualifications to deal with such issues. Some of them are not even married themselves, yet it is expected of them to deal with issues of marital violence. Additionally, they also indicated that their powers are limited. They do not have any legal authority over men who abuse their wives. In this sense, one notices the relevance of Rasool’s (2012) views on men who take advantage of women’s lack of support. In Rasool’s (2012) study, she indicated that families are against women seeking support from the police. Similar to how women are taken advantage of via restrictions placed upon them, religious leaders are also taken advantage of. It is also linked to the social exchange theory (Hill, 1992). When men know that they will not be punished for their abusive behaviour, or as social exchange theorists will say, they would suffer fewer costs, hence they will engage in such behaviour (Hill,1992). Given these difficulties, it was reasonable to think that religious leaders will be in support of Muslim Personal Law becoming legalised. As already discussed, some of them are, while some of them are not.

7.4.5 Women can assist but to a limited extent

The likes of Hoel (2012) indicate that women feel intimidated when they bring their marital problems to the attention of religious leaders who are mainly men. Abrahams-Fayker (2011) indicates that religious organisations are largely dominated by men who are conservative in their approach. Certain participants agreed with this notion of intimidation. Most of the participants in this study did not have a problem with women being part of a committee that listens to the problems of women, with some indicating that it will be easier for women who are needing help, to speak about sensitive issues to women compared to men. However, some of them indicated that they were not in favour of women being part of a body that decides whether a Faskh should be given. This was a contradiction because they themselves pointed out that only women can understand women’s experiences. Literature also indicates that women played an important role in the formation of the Islamic government. The Prophet’s (PBUH) wife, Ayesha, was consulted by men because she was learned (Nawab, 1997; Bewley, 1999). While there is a divergence in points made by Abrahams-Fayker (2011), some participants still see the need to hold on to patriarchal tendencies whereby they still want to be in control in making decisions that affect the lives of women.

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7.4.6 Importance of theoretical lenses

Historically, there are two theoretical perspectives in sociology that seek to investigate and understand domestic violence. These theories are family and feminist perspectives. Classically, both perspectives were seen to be on opposite ends of the spectrum. Using resource theory, social exchange theory and systems theory, which form part the family perspective, a common characteristic that appeared in the writings of different family systems theorists were that men were more likely to abuse their wives when they did not possess the resources required in a relationship as prescribed by society. If they were unable to provide for their families, or if their wives earned more money than them, men would abuse their wives. Recourse allocation is a systemic problem which allows men to abuse women because the structures within a system do not do enough to sanction men for abusive behaviour (Goode, 1971; Straus, 1977; Hornung, 1981). While these selected family systems theorists make an important contribution, they have been criticized for not adequately probing the point of patriarchy as a cause of domestic violence. In contrast, feminist theorists argue that domestic violence occurs in society because of gender inequality. From the beginning of time, men were considered to be superior to women. As societies evolved from one which was feudal to one that became capitalistic in nature, women were always considered inferior beings whose existence was always determined according to the relationships they had with men (Dobash and Dobash, 1979; Kurz, 1989). Like the family systems theory, it has come under scrutiny. Critiques point out that early feminist theorists do not consider structural factors such as poverty, use of illegal substances and mental illness as causes of domestic violence. As this perspective progressed, issues of class, race and sexual orientation were considered (McPhail et al., 2007). Importantly, men are likely to also be victims of domestic violence (Steinmetz, 1978). Contemporary theorists from both these perspectives argue that both sides make relevant arguments. Contemporary feminist theorists point out that one cannot ignore the importance of factors such as race and class, while family systems theorists realise the relevance of patriarchy (Anderson, 1997; Bograd, 1999; George and Stith, 2014). The importance of seeing the relevance of these arguments was critical for this study as it was pointed out that patriarchy is experienced differently by different societies (Sadiqi, 2010). In the case of this study, patriarchy intersects with class and religion and race which sometimes makes Muslim women’s experience of abuse different to other women.

7.5 RECOMMENDATIONS

Recommendations are made based on the results obtained from the research. It is divided into practical recommendations and recommendations for future research.

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7.5.1 Practical recommendations

Based on the results obtained from this study, the high court’s decision to legalise Muslim Personal Law is an important step taken by the government. Given the opinions provided by the religious leaders in this study, Muslim Personal Law will assist the abused as they will be provided with a legal avenue which is needed in the patriarchal environment that they find themselves in.

Bearing this in mind, for Muslim Personal Law to be successful, it is important for the state to continue dialogue with religious leaders who are in favour of its use. Dadoo and Casim (2012) indicate that in its latest draft, the state did itself a disservice by allowing non-Muslim judges to preside on cases related to Muslim Personal Law. This issue needs to be revisited. It is suggested that Muslim judges or officers preside over these cases.

Some of the criticism made against religious leaders by the likes of Boonzaier and De La Rey (2003), Abrahams-Fayker (2011), and Hoel (2012) which indicates that religious leaders use a conservative approach whereby they are seen to favour husbands is acknowledged. Religious leaders should be used. However, they should have the necessary competence to deal with such issues. Bearing this in mind, there needs to be a process of monitoring and evaluation in place to determine if the objectives of Muslim Personal Law are achieved (Bless and Higson-Smith and Sithole, 2013).

Religious leaders in this study referred to couples not being ready for marriage. Important skills such as learning how to construct a monthly budget are lacking. Importantly, certain participants, such as Amir, pointed out that men are influenced by a patriarchal upbringing. Zaheer and Umar indicated that it is important for couples to go for pre-marital counselling. Umar indicated that religious leaders should only solemnise a marriage once couples complete such courses. Given the seriousness of domestic violence within the Muslim community, it is, thus, strongly suggested that religious organisations only solemnise marriages once couples complete such courses.

It is also strongly recommended that religious leaders appoint women as part of their panels when they are considering cases of Faskh. Historically, the Prophet’s (PBUH) wife Ayesha and As Shifa (Bewley, 1999) occupied positions of authority. Sociologically, women will be in a position to better understand the point of view of a woman who applies for a Faskh.

7.5.2 Recommendations for further research

This study revealed that domestic violence is a serious problem from the perspectives of religious leaders. However, what seems to be lacking is statistical data. Hence, it is important to conduct

247 quantitative studies or mix methods on this issue of domestic violence in the Muslim community. This can range from gathering prevalence of, to perceptions of, causes of domestic violence.

An important issue came up from one of the participants, Abdur Razaaq. He indicated that he dealt with the issue of Halala. It was concluded in this research that this is a form of rape. Importantly, it also opens up possibilities of future research regarding religious leaders because if Halala is taking place, it is crucial to find out who these religious leaders are who are solemnising such marriages and what their rationale is for doing so. Future research could look at the prevalence of Halala in the South African Muslim community. This will only help those who advocate gender justice in a society, which is still patriarchal. Halala is a denigrating practice to women which should be prevented at all costs.

This study revealed that there are organisations who are assisting women to become empowered. This is a wonderful opportunity for evaluation research, which will look at the success of such programmes and how they can be improved.

7.8 CONCLUSION: BRINGING THE STUDY TO A CLOSE

This research looked at Muslim religious leaders’ views on domestic violence experienced by Married Muslim women. The views provided by participants no doubt make an original contribution to literature on domestic violence experienced in the Muslim community. This study demonstrates that religious leaders’ views on domestic violence cannot be generalised. While some of the accusations made about them in the literature are legitimate, it is also important to consider the position they find themselves in as they themselves are faced with limitations. Despite these limitations, some of them are making an ardent effort to assist women. Hence, this study suggests a nuanced view to be adopted when considering how religious leaders deal with domestic violence in the Muslim community.

Literature indicated that Muslim religious leaders adopt a conservative approach in dealing with marital conflicts without considering the views of women. The participants in this study indicated that despite domestic violence having no place in Islam, it is a serious problem in the Muslim community. Contrary to religious leaders being seen as conservative, they indicated that women play an important role in society with some of them arguing that women should take part in public activities. They supported their views with useful citations of the Shariah and Islamic history. They showed awareness of past historical injustices yet indicated how religious organisations such as the Jamiatul Ulema are making strides by the creation of the Islamic Careline. Some of them referred to the provision of pre-marital counselling. Additionally, they were open to the idea of religious leaders learning new skills such as counselling. Despite having these progressive ideas, certain participants

248 acknowledged that there are religious leaders who offer the wrong advice. In acknowledging these points, they provide reasons for this. The participants stated that there are religious leaders who lack knowledge, and some are influenced by patriarchy.

They indicated that some religious leaders lack practical knowledge while others use an intimidating approach. They also claimed that they seek the assistance of women to solve the problem of domestic violence by employing women who counsel abused women seeking assistance. At the same time, they indicated that they are limited in terms of what they can do, as they do not have legal authority to bring abusive men into line. This is where one notes a paradoxical reality.

While they are progressive, some of them were against the implementation of Muslim Personal Law. This said, they still want women to use the protective structures of the state such as the police to report abusive husbands. The very same state which they distrust, is what they see as necessary for women to approach to seek recourse from. While some of them were in favour of women becoming financially empowered, others were against this view. While some of them were in favour of women assisting in listening in on cases brought to their attention, they were against the idea of women providing advice on whether to grant an abused woman a divorce.

These views show that some of them are influenced by a conservative patriarchal version of Islam, where the patriarchal field intersects with the Islamic field and the family. This influences their habitus, which in turn, sees some of them preaching ideas that are culturally violent in nature which then leads to direct violence in abusive marriages, along with some structures such as the family not assisting women because, they too, are influenced by culturally violent ideas which leads to structural violence.

The study shows that religious leaders are against domestic violence; they are trying to address the problem of domestic violence in an environment, which is difficult because of intersecting fields. This is to be welcomed. At the same time, some of them need to reflect constructively on the realities of contemporary society. Not realising this, they unintentionally cause structural and direct violence because some of them hold on to a conservative interpretation of Islam. This conservative interpretation can lead to women being susceptible to violence in the marital relationship.

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GLOSSARY OF TERMS

Ahsan: Most approved Alim: Religious leader Alima: Female religious leader Amaal: Actions of an individual Amir: Leader Ayaat: Verse of the Quran

Bain Baynunua Qubra: Major divorce where the marriage is irreconcilable unless a woman gets married to another man and she divorces him or he dies Bain Baynunua Sughra: Minor divorce where a man issues one irrevocable divorce Barakah: Devine Blessing in something Burka: Head Covering Daraba: To hit someone/To pressurise someone/A beating

Darul Uloom: Religious university/school. Deen: Justice/ Religion Dunya: Temporary world that is followed by an afterlife after one’s death Eid: Islamic religious Celebration occurring after Ramadan and Pilgrimage Faddala: Preference given by God Farishta: Angel Faskh: Divorce via judicial process initiated by women Fatwa: Ruling given or a specific matter for example what can you eat and what you cannot Fiqh: Islamic law Hadith: Sayings of the Prophet Muhammad (PBUH) Halaal: Actions and behaviour which is allowed Halala: Un-Islamic practice whereby a man forces his wife/ex wife to get married to another man who will divorce her because the first marriage is irreconcilable under Islamic law Hasan: Approved Haram: Actions which are forbidden Haya: Modesty Hijab: Veiling of women

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Ibadah: Worship Iddah: Ritual performed by a divorcee or widow/Period to consider reconciliation Ijma: Consensus amongst scholars Ijtihad: Using /shariah to make an independent legal decision Ila: Pre Islamic Arabian practice whereby husbands would suspend conjugal relation with ones wife Imam: Religious Leader

Imamat: Leading religious prayers in congregations

Imaan: Faith

Jalsa: Graduation at seminary. Literally a session/sitting Jamiatul Ulema: Council of Muslim Theologins

Janazah: Funeral Jihad: Sacrifice Jingina: Nigerian practice of suspending conjugal rights with ones wife Khula: Divorce excercised by women who use their dower to remove themselves from a marriage Madressa: Vernacular classes Mahram: Male guardian Majazi Khuda: South Asian term used to refer to men as God Maktab: See Madressa Malik: Master of the day of so justice

Marrataan: Visiting an individual on two different occasions. Used to indicate that one cannot give three divorces in one setting as you cannot visit an individual in three times at once Mas’ala: Religious precepts Masjid: Equalivalant word to mosque Maulvi: Indian term for religious leader

Miswak: Toothbrush

Misyar: Type of marriage where a woman forgoes all her rights. Practiced in countries such as Egypt Molvi: See Alim

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Moulana, Sheikh, Mufti: See Alim

Mubara’ah: Divorce via mutual consent Nikab: Covering of a woman’s face that excludes the eyes Nikah: Marriage

Nushuz: Transgression/Transgressive behavior Purdah: Covering of the face by Muslim women/separation of venue preventing intermingling of the sexes Qiyas: Analytical deduction Qawwamun: Favoured Qawwamuna: Men being protectors and maintainers of women Qiwama: Guardianship Quran: Holy scripture of Islam Rasoolullah: Arabic term for Prophet Muhammad PBUH Rotis: Indian type of bread Sabr: Patience, standing firm Sahabah: Companions of the Prophet Muhammad PBUH Salaah: Five obligatory prayers SAW: Peace Be Upon Him Shariah: Islamic law Sheikh: See Alim Shia: A sect of Islam Shiqaq: Solving marital dispute via arbitration Siwaak: A twig in Arabic Sunni: Refer to orthodox sect of Islam Sunnah: Practices and sayings of the Prophet Muhammad (PBUH) Talaq: Divorce Talaq al Bain: Irrevocable divorce Talaq al Bidah: Disapproved divorce Talaq al Rajee: Revocable Divorce Talaq al Tafwid: Delegated divorced – the husband gives a woman the right to ask for a divorce Talim: Religious lessons conducted in an informal setting such as a home

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Taqwa: Piety / Character Taweez: Amulet used for protection Ulema: Religious leaders

Uhud: Battle the Prophet Muhammad (PBUH) engaged in

Ustad: Teacher UUCSA: United Ulema Council of South Africa Wahjuruhunna Fil Madaji: Husband should leave marital bed Zihar: Pre Islamic Practice whereby husbands who claim that their ex-wives were like their mothers making it difficult for them to leave the home Zina: Adultery

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