Women, Islam and Human Rights University ofNewcastle-upon-Tyne Doctoral Thesis Submitted for the Degree of PhD Faculty of Law, Environment and Social Sciences Department of Politics September 2002 Nazia Latif Acknowledgements In producing this thesis thanks is owed to the following: Allah - to Him belongs all praise. Professor Peter Jones from whom I have learnt so much and whose supervision cannot be faulted. My parents whose prayers and support mean more to me than words can ever express. Mustafa, Naseem, Kousar and Sazia for looking after their sister. Ammaar, Shabina, Shaistah, Azeem and Madeeha who have provided me with much needed amusement. All my family in Ireland and Pakistan who have offered their encouragement and support. All my friends and in particular, Carmen, Catherine, Erica, Nadia and Wendy. Fellow students and staff at the Department of Politics from whom I have learnt a great deal. The Library staff at Newcastle University with special thanks to Irene at the ILL desk. The Economic and Social Research Council for funding this PhD. All those who have shared with me their opinions on the subject of Women, Islam and Human Rights. Abstract This thesis explores the position of women in contemporary Muslim societies. It examines whether restrictions placed on them are the result of Islamic edicts and how human rights documents address those restrictions. It looks at the position of women in the areas of family law, political and legal participation and veiling with particular reference to Pakistan and Iran. The thesis begins by exploring how Islamic scripture is used tn endorse opposing views of women. On the one hand is a body of literature, generally termed as conservative, that sees women as intellectually weak and in constant need of male guidance. I argue that this literature is actually based on an inconsistent approach to Islamic sources and show how Muslim women are using alternative, exegetical works and rulings from orthodox and contemporary scholars with classical training as a source of empowerment. Based on the findings of the case studies it is argued that human rights standards, embodied in the International Bill of Human Rights, overlook many aspects of Muslim women's suffering and in particular how their socio-economic status affects their ability to escape abuse suffered at the hands of private, non-state actors. I then contend that both Muslims and human rights advocates must begin by acknowledging that they have failed the plight of Muslim women. Muslims by acting on conservative arguments and human rights advocates by overlooking the reality of women's lives. I argue that both Islam and human rights can work together to empower women but firstly human rights advocates need to take on board the different criticisms levelled at their theory. Muslims also must endeavour to prove the authenticity of their challenges to conservative understandings of Islamic sources by educating at grassroots level and by taking on the task of Islamic scholarship through established centres of Islamic learning. 'And among His wonders is this: He creates you out of dust - and then, to! You become human beings ran ging far and wide! And among His wonders is this: He creates for you mates from among yourselves, so that you might incline towards them, and He engenders love and tenderness between you: in this behold, there are messages indeed for people who think! And among His wonders is the creation of the heavens and the earth, and the diversity ofyour tongues and colours. for in this, behold, there are messages indeed for all who are possessed of (innate) knowledge!' (The Qur'aiz 30:20 - 22) Contents Introduction............................................................................................................. 3 Human Rights. whose standards? 5 Islam, Islamic sources and Muslims 12 Women 's suffering and emancipation: whose standards? 18 Sources 23 1. Women in Islamic Theology..............................................................................24 Family Law 32 Marriage 32 Divorce 53 62 Inheritance The Legal and Political Status of Women in Islam 66 Women as Witnesses 68 Women in the Legal Profession 73 Women as PoliticalActors 74 Hijab in Islam 79 Conclusion 87 2. Family Law in Iran and Pakistan ..................................................................... 91 95 Background Iran 97 Marriage 98 119 Divorce Pakistan 126 Marriage 128 Divorce 133 Dowry 138 139 Inheritance Conclusion 141 3. Legal and Political Status of Women in Iran and Pakistan...........................145 Iran 146 Political Rights 146 150 Legal Rights Pakistan 155 Political Rights 155 157 Legal Rights Hijab: An Overview 165 Conclusion 171 1 4. Human Rights . 175 Human Rights or Citizen Rights? 182 Group Rights 191 Women 's Rights as Human Rights 201 Religion and Human Rights 216 Human Rights: Beyond Repair? 240 5. Women, IsJam and Human Rights.................................................................. 2j Muslims, Leaders and Scholars 248 Women, Justice and Equity 257 Muslims and Ijtihad: Inadequate Reform? 264 Unresolved Issues 269 Practical Solutions 276 A Place for Human Rights? 290 Human Rights for Muslim Women: Consorting with the enemy? 295 Conclusion 300 Conclusion ........................................................................................................... 302 References............................................................................................................ 313 Listof Statutes .................................................................................................... 326 Glossary ...............................................................................................................327 Bibliography ........................................................................................................ 330 2 Introduction Ii academic work on Islam, whether it examines Islam and the west or Islam and democracy, the position of women features high on the list of concerns. This is not surprising as according to Zuhur a 'culture's value may be measured by its treatment' of women'. 1 Islam's value is questionable in the eyes of many observers because of its dubious credentials with regard to its prescriptions for women. Along with claiming to respect Islam and Islamic civilization, the western liberal tradition voices and shares this concern for the plight of Muslim women When it is explained to western liberals that Islam was sent to liberate women and that the faith espouses complete equality between sexes, they ask why the present reality seems to testify to the opposite. When it is claimed that women are currently repressed not because Islam is being followed but because Islam is being ignored, that those claiming to be Muslim are not necessarily 'good' Muslims, they ask if it is not time to give up the seemingly untenable quest for the Islamic ideal. Underlying liberal explorations into Islam is the belief that there is a need for Muslims to make use of liberal ideals such as democracy and human rights protection not only because these ideals appeal to the rational and humane aspects of the individual but also because they, unlike Islam and indeed many other faiths, have proven track records. They have resulted in equality for all. At the veiy least there exists a confident belief that human rights standards of equality and justice are better than the Islamic standards. Islam certainly deserves respect, and outsiders have a duty to understand the tenets of the faith, but ultimately, as with Christians in the western world, Muslims must learn to keep religion in its 'proper' place: the private realm of human interaction. Muslims working on Islam tend to follow broadly either a reformist or a conservative tradition. Amongst reformists, or what are sometimes referred to as liberal or modem Muslim writers, one camp asserts the need for Islam to undergo some form of reformation such as that experienced by Christianity. They accept the need to relegate religion to a specific space. Other reformists call for less dramatic reform or / modernisation. These writers call for a re-examination of the Scripture in light of present circumstances and profess Islam's ability to adapt to such changes. The adaptation they propose would allow Muslims to retain Islam as a political ideology and also to embrace equality as that term is understood in the west and western means of political organisation. The fundamentalist or conservative tradition is not termed so because of its attitude to Islamic texts. The interpretations these writers derive are not fundamental or necessarily conservative in that they refuse to deviate from the exact letter of the text. I term these writers as 'conservative' because of their attitude to society rather than to Islam. It is not that they believe Islam should not be altered, for indeed the majority of Muslims hold this view. It is more the case that they believe societies should not change. They express the need to return to the Golden Age of Islam, the Prophetic era and there exists a refusal or inability to acknowledge that certain economic and political developments since then might in fact be irreversible but not necessarily unislamic. In relation to women, the conservative Golden Age was one where women stayed at home, nurturing children and ensuring that their husbands returned to a comfortable, relaxed environment after a day's work. Conservatives will not concede that this Golden Age is more reminiscent of a 1960s American sit-corn than