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Ebrahim, Arwa (2016) the Effectiveness of the Implementation of International Women's Conventions in Muslims: Bahrain As a Case Study

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Ebrahim, Arwa (2016) The Effectiveness of the Implementation of International Women©s Conventions in Muslims: Bahrain as a Case Study. Doctoral thesis, University of Sunderland. Downloaded from: http://sure.sunderland.ac.uk/id/eprint/6555/ Usage guidelines Please refer to the usage guidelines at http://sure.sunderland.ac.uk/policies.html or alternatively contact [email protected]. The Effectiveness of the Implementation of International Women’s Conventions in Muslim Countries: Bahrain as a Case Study. A THESIS SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS OF THE UNIVERSITY OF SUNDERLAND FOR THE DEGREE OF DOCTOR OF PHILOSOPHY Arwa Ebrahim July 2016 “Out beyond the world of right doings and wrongdoings, there is a field… I will meet you there.” -Rumi. i Abstract: The debate regarding whether or not Islam is inherently discriminatory towards women is endless. Even though the Quranic verses emphasize equality between man and woman and the supremacy of human dignity, the interpretation of the Islamic texts related to women are often influenced by the values of patriarchal societies resulting in discriminatory practices against women in many Muslim countries worldwide. The Convention of the Elimination of all Forms of Discrimination against Women (CEDAW) is often referred to as the ‘women’s bill of rights’ as it is the first international legally-binding document that specifically deals with all areas related to women’s lives. This convention is believed to aim at achieving equality between men and women in every field and supports women’s access to equal opportunities in the political and social spheres trying to overcome the social and cultural obstacles that might exist so they can have full rights in areas of legal rights, education, employment, healthcare, politics and finance. However, the implementation of this convention in Muslim societies remains as an ineffective remedy to the problems of women due to a number of reasons mainly related to lack of real government will and strict social and religious values. Like most Muslim countries, Bahrain has ratified the CEDAW while putting reservations on its main articles, leaving the convention without any real effect. Bahrain is a Muslim state that is small in population but serves as a good representation of the dilemma that Muslim societies experience in general, which is their eagerness to adapt to modern values whilst clinging at the same time to their religious roots. This thesis studies the Bahraini ii society in terms of its application of the CEDAW and the legislations related to women in different fields by giving a special focus to the controversial issues in Islam that hinder a full implementation of the CEDAW. This research has taken the challenge of investigating the situation of women rights in Bahrain and its compatibility with the international laws. Through using a research strategy based on questionnaires and interviews with different stakeholders, the thesis was able to present the views the society in Bahrain holds about the situation of women and the challenges facing women hindering them to further develop their situation. The outcomes of the work undertaken will put recommendations to improve the situation for Muslim women as states or concerned stakeholders should not rely only on trying to fully apply the CEDAW, but should work towards renewing the religious mindsets, create social awareness, and have a genuine political will to achieve equality. In a nutshell, the main target for change is to work essentially towards making a change that comes from within. iii Acknowledgments: First and foremost, I would like to express my special thanks and appreciation to my supervisor, Dr. Kathleen Koch-Kerr. It has been an honour to be one of her students. I appreciate all her contribution of time, ideas and support to my PhD. I am also thankful for the excellent example she has provided as a successful woman who made the great balance between her family life and work life, an example that all women thrive to achieve. I am also grateful to Dr. Ebrahim Yusuf Al-Abdullah, ambassador of the Kingdom of Bahrain to the Republic of Turkey and my boss at work. I thank him for his genuine encouragement and for helping me fulfil my obligations towards my work and studies. A special thanks to my family. Words cannot express how grateful I am to my mother Bashira and Father Hassan, for encouraging and supporting me since I was a child in seeking knowledge and nurturing my eagerness for learning. I am also grateful to my brother Ali, whom I have been visiting in the UK throughout my years of study. He has been a great support for me and added fun and amusement to my stays in the UK. My cousin and life’s best friend Reem, has been of a great support and help, to her I am always thankful. Asma, Yaseen, Yousif, Abdulla Benshams, Hussain, Aysha, Bayan, Manal, Mahmud and Rahaf, my relatives and my friends, thanks for your support in every way. Finally, nothing of this would have been successfully accomplished without the love and support of my beloved husband Hamad. His patience, compassion and willingness to be there for me at any time I needed, gave me strength and power to continue till the end. To him and to every and each person who stood by my side throughout this journey, I will always remain grateful. iv Table of Contents: Abstract………………………………………………………………………………………………………………………………….ii-iii Acknowledgments ……………………………………………………………………………………………………………….…. iv Table of Contents …………………………………………………………………………………………………………………...v-vii Introduction………………….………………………….……………………………………………...…………………...….......1 Open Problem……………………………………………………………………………………………………………………… 3 Objectives of the Thesis………………………………………………………………………………………………………... 3 Contributions of the Thesis………….……………………………………………………………………………………….. 4 Structure of the Thesis………...………………………………………………………………………………………………...5 Chapter One: An Overview of Literature Written on Women Rights, Women in Islam and Women Rights in Bahrain.....................................................…..................................................................... 9 1.1 The Status of Women in Islam…………………………………………………………………………………………..…10 1.2 The Effectiveness of the Application of the CEDAW in Muslim Countries…………………...……….…..18 1.3 Women Rights in the Kingdom of Bahrain: An Overview.………………………………………………………35 1.3.1 An Overview of Bahrain………………………………………..…….………...………………………..……..35 1.3.2 A Review of the Status of Women in Bahrain…………………………………………………….…….42 Chapter Two: The Methodology……………………………………..……………………………………………..……..62 2.1 The Research Paradigm……………………………………………………………………………………………………….63 2.1.1 In-Depth Discussion of Feminism Research…………………………………………………….………67 2.2 The Research Design……………………………………………………………………………………………..…………….81 2.3 The Research Strategy…………………………………………………………………………………………………………85 2.3.1 The Fieldwork Undertaken in the Research…………………………………………..………………..89 2.4 Reliability, Replication and Validity……………………………………………………..………………………………96 Chapter Three : Understanding the Modern Definition of Human Rights and the Emergence of the Concept of Women Rights…………………………………………………………………..……………………...98 v 3.1 The Concept of Human Rights in Older Civilizations........................................................................................98 3.2 The Concept of Human Rights at Early Modern Times................................................................................103 3.3 The Concept of Human Rights Emergence within the Context of the United Nations……….……108 3.4 The Formation of the Women Rights Concept and the Emergence of the United Nation’s First Women’s Convention..........................................................................................................................................................115 3.5 Formation of the Convention of Elimination of all forms of Discrimination against Women (CEDAW)An overview……………………………………………………………………………………………………………131 Chapter Four: Women in Bahrain: Their Position in Reality and within the CEDAW………....146 4.1The Position of Bahrain within the CEDAW…………………..………………………………………………….….146 4.2 Bahrain’s CEDAW Report to the Human Rights Council in 2014……………………………………….…155 4.3 Analysis of the Questionnaire Entitled, ‘The Effectiveness of Implementing International Conventions for Improving the Situation of Women’s Rights in Muslim Countries: Bahrain as a Case Study..........................................................................................................................................................................................164 4.3.1 Analysis of Female and Male Responses to the Close-ended Questions 1-9 ………..……..…164 4.3.2 Female and Male Responses to the Open-Ended Questions 10-11 and 12……………....……187 4.4 Analysis of Female and Male Responses to the Advantages and Disadvantages for Women in Bahrain by Breaking Them into Separate Categories………………………………………………….………….….197 4.4.1 Bahraini Women in the Workforce…………………………………………………………………………….197 4.4.2 Bahraini Women and Education…………………………………………………………………….…………..206 4.4.3 Bahraini Women and Political Participation and Decision Making………………………...…….208 4.4.4 Bahraini Women and the Ability to Drive a Car and Travel…………………………………………213 4.4.5 Bahraini Women and Freedom of Speech/Expression……………………………….…………….….215 4.4.6 Bahraini Women and Access to Health Care System…………………………………………..…….….217 4.4.7 Bahraini Women and the Right to Housing…………………………………………………………...…….219 4.4.8 Bahraini Women and Owning Property and Inheritance ………………………………………..…..221
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