Women's Rights and Islamic Concerns with IJTIHAD Over Those Rights

N o t e s

1 Introduction: Women’s Rights and Islamic Concerns with IJTIHAD over Those Rights

1 . Khalid Mas’ud (2009) offers a comprehensive review of the concept of ijtihad historically. See especially pp. 14–33. For an argument on why ijtihad , in the more formal sense, needs to be revived in the contemporary world to address the challenges of modernity and promote justice and progress within the Muslim world, see USIP, Ijtihad: Reinterpreting Islamic Principles for the Twenty-first Century. Special Report No. 125, August 2004. 2. An interesting insight on the prolific yet controversial issuance of fatwas around the world is in Bennoune, 2013. 3 . M u h a m m a d I q b a l , The Reconstruction of Religious Thought in Islam (Lahore: Institute of Islamic Culture, 1986: 78) as cited in Khalid Mas’ud 2009: 81. 4 . W o r l d B a n k 2013 World Development Indicators , accessed at: http://wdi. worldbank.org/table/1.5. 5 . United Nations “The World’s Women 2010: Trends and Statistics, Executive Summary,” accessed at: http://unstats.un.org/unsd/demographic/products/ Worldswomen/Executive%20summary.htm . 6 . World Bank op. cit. 7 . Ibid., and Inter-Parliamentary Union, based on information provided by National Parliaments by February 1, 2013, accessed at: http://www.ipu.org/ wmn-e/world.htm. 8 . The Koran translated with notes by N. J. Dawood. Penguin Books, 2006, p. 64. 9 . For more on each of these organizations, see their respective websites: http:// www.wluml.org/ and http://www.musawah.org/ . 10 . These include: Algeria, 1996; Bangladesh, 1984; Djibouti, 1998; Egypt, 1981; Indonesia, 1984; Jordan, 1992; Kazakhstan, 1998; Kuwait, 1994; Kyrgyzstan, 1997; Lebanon, 1997; Libya, 1989; Malaysia, 1995; Morocco, 1993; Nigeria, 1985; Pakistan, 1996; Saudi Arabia, 2000; Tajikistan, 1993; Tunisia, 1985; Turkey, 1985; Turkmenistan, 1997; Uzbekistan, 1995; and Yemen, 1984. 160 Notes

11 . “Political and Public Life,” General Recommendation No. 23 of CEDAW Committee, 16th Session, 1997, based on Article 7, as noted in Henry J. Steiner and Philip Alston, International Human Rights in Context: Law, Politics, Morals, Oxford University Press, 2000: 196. 12 . CEDAW’s adoption of the impermissibility principle (contained in the Vienna Convention on the Law of Treaties) that disallows any reservation incompatible with the object and purpose of the Convention itself—especially its three fun- damental principles of Equality, Non-discrimination, and State Obligation— has been particularly problematic for Muslim states. While CEDAW permits ratification subject to reservation—a formal declaration that the State does not accept as binding on it specific treaty provisions—this is meant just to be a temporary measure so that States can take steps to remove obstacles to the implementation of the articles it has reserved. CEDAW’s requirements, therefore, are geared to preclude the original strength and potency of the instrument from becoming watered down. 13 . Founded by Malik bin Anas, this school of jurisprudence is dominant in North Africa and parts of Arabia. It is distinct in its acceptance not only of the Qur’an and Sunnah as sources of Islamic law, but also accepts analogical reasoning ( qiyas ) as a legal source. 14 . Based on personal communication in Tunis, October 1999. 15 . This is based on personal communication in Tunis in September 1999. 16 . Shafi’i jurisprudence has traditionally been predominant in this area (as well as in large swatches of Arabia). Founded by Abu ʿ Abdillah Muhammad ibn Idris al-Shafi‘i, it accepts both qiyas and ijma (consensus) as sources of Islamic law (in addition to the Qur’an and Sunnah), though in ways more limiting than Hanafi fiqh does. 17 . Founded by Abū Ḥ an ī fa an-Nu‘man ibn Th ā bit, Hanafi fiqh is widely considered the most liberal of the four major schools of Sunni jurisprudence. The predominant madhab in South and Central Asia, it has the most adherents in the Muslim world. 18 . Hisba Judgment by Council of Islamic Ideology, September 2004; I appreciate Juan Cole’s help with translating the Judgment. 19 . I appreciate the insights Muhammad Khalid Mas’ud shared with me on this issue, from discussions in Islamabad in August 2013. 20 . Ministry of Population Welfare, Government of Pakistan “Draft National Population Policy 2010,” January 18, 2010, p. 1. 21 . Commission of Inquiry for Women, Government of Pakistan. 1997. Report of the Commission of Inquiry for Women in Pakistan , Islamabad. August. 22 . It is certainly not my intention to omit many other important women’s NGOs which share similar visions, such as ASR, the Women’s Action Forum, Simorgh, War Against Rape, etc. However, focusing on the vision and advo- cacy of these two groups provides an important clarity that is representative of this wider community. Notes 161

2 Legal Reforms and State Policies Affecting Women’s Rights

1 . This section borrows heavily from my earlier work, “Moving Forward with the Legal Empowerment of Women in Pakistan” US Institute for Peace, Special Report 305, May 2012. 2 . At the same time, the state adopted the 1939 Dissolution of Muslim Marriages Act. 3 . I have elaborated further on women’s legal rights in Pakistan in the country’s first few decades in Anita M. Weiss, “Interpreting Women’s Rights: The Dilemma Over Eliminating Discrimination against Women in Pakistan,” International Sociology, Vol. 18, No. 3, September 2003, pp. 581–601. 4 . National Commission on the Status of Women, Women’s Right of Inheritance and Its Implementation (Islamabad: Aligarh Publishers, n.d.), p. 44. 5 . All references are from Government of Pakistan, The Constitution of the Islamic Republic of Pakistan, 1973 (National Assembly of Pakistan, 1993). 6 . I have written extensively on this issue. See for example Weiss 1985, 1986, 1994, and more recently, 2004. 7 . Khalid Masud in Islamabad conveyed this to me, August 17, 2013. 8 . PPP Manifesto for October 1993 elections. 9 . UN General Assembly Document A/RES/44/25 (December 12, 1989), accessible at http://www.hrweb.org/legal/child.html. 10 . United Nations General Assembly, “Vienna Declaration and Programme of Action,” July 12, 1993, accessible at: http://www.un.org/ecosocdev/geninfo/ populatin/icpd.htm. 11 . United Nations Population Information Network (POPIN), UN Population Division, Department of Economic and Social Affairs, with support from the UN Population Fund (UNFPA), A/CONF.171/13: Report of the ICPD (94/10/18). 12 . Many heads of state of Pakistan have pledged to do just that, most recently Pervez Musharraf in the mid-2000s, but honor killings apparently continue unabatedly. 13 . This group continues to meet, with the most recent conference, the 8th, held in Khartoum, Sudan, January 17–22, 2013. 14 . As quoted by Beena Sarwar, “Women: Muslim Legislators Conference Sets the Tone for Beijing,” Inter Press Service, August 7, 1995. 15 . Address by Mohtarma Benazir Bhutto, prime minister of the Republic of Pakistan, at the Fourth World Conference on Women, Beijing, September 4, 1995. 1 6 . I b i d . 17 . While it signed the ICESCR, one of the two major UN human rights cov- enants, it wasn’t actually ratified until April 17, 2008, soon after the PPP government came to power. It was on that same date in April 2008 that the 162 Notes

PPP government also signed the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), eventually ratify- ing both on June 23, 2010. 18 . Pakistan signed ILO No. 100 on October 11, 2001. 19 . Government of Pakistan 2005. A fuller discussion of this Act can be found in Mustafa 2007. 20 . This quote by MMA MNA Razia Aziz captures the tone of rhetoric used by MMA members once the Hudood reforms were tabled in the National Assembly. Dawn, August 27, 2006, accessible at: http://www.dawn.com /2006/08/27/local20.htm. 21 . Personal conversation with MPA Sikander Sherpao in Peshawar, January 21, 2007. 22 . Ministry for Women Development, Government of Pakistan, 2001a, Preamble, 1. 23 . Ibid., Section 4, paragraph 5. 24 . For more information on GRAP, see its website: http://grap.gop.pk/About%20 Grap.htm . 25 . Former CII Director Khalid Masud conveyed to me the importance of the stance taken by the Council of Islamic Ideology in moving these actions forward, on August 17, 2013 in Islamabad. 26 . The BISP was implemented in October 2008. Its website reviews its history: http://www.bisp.gov.pk/. As a poverty alleviation program, it provides modest monthly payments to women in households, not men. 27 . This is the wording used in Pakistan’s 2011 CEDAW Report, where it addresses CEDAW’s Article 16 on Marriage and Family Life. See Committee on the Elimination of Discrimination against Women 2011: 76. 28 . For further details on Sindh’s Women Development Department, see its website at: http://www.sindh.gov.pk/wdd/template.asp?page=index . 29 . For further details on Khyber Pakhtunkhwa’s provincial Ministry for Social Welfare and Women Development, see its website at: http://www.khyberpak- htunkhwa.gov.pk/Departments/SocialWelfare/index.php. 30 . UN Women “Q&A with H.E Khawar Mumtaz, Chairperson of the National Commission on the Status of Women, Pakistan,” February 11, 2013, accessed at: http://www.unwomen.org/2013/02/qa-with-h-e-khawar-mumtaz -chairperson-of-the-national-commission-on-the-status-of-women-pakistan/. 31 . Abdul Manan, “Punjab to have commission on status of women,” The Express Tribune , February 13, 2014, p. 5. 32 . “Towards gender ‘equality’: Commission on status of women to be formed,” Express Tribune , November 28, 2013, accessed at: http://tribune.com.pk/ story/638454/towards-gender-equality-commission-on-status-of-women-to -be-formed/. 33 . “Commission on women’s status,” Pakistan Gender News, February 12, 2014, accessed at: http://www.pakistangendernews.org/commission-on-womens -status/. 34 . I have written on the impact of CEDAW in various earlier publications on which this section is based, including Weiss 2003, 2008, and 2009. Notes 163

35 . Verse 2: 282 in Sura al-Baqr appears in the first section of this chapter, and reads: “And get two witnesses, out of your own men, and if there are not two men, then a man and two women, such as ye choose, for witnesses, so that if one of them errs, the other can remind her,” based on the translation of the Qur’an provided by ‘Yusuf ‘Ali 2003: 117–118. 36 . I have seen different versions of Pakistan’s draft CEDAW Report over the past decade. On September 7, 2001, the then-Secretary of the Ministry for Women’s Development told me that the CEDAW Report was in the midst of being proofread and she expected it to be submitted shortly. Not surprisingly, it was only submitted after the Pakistan Government’s efforts to reform the Hudood Laws was well underway. 37 . Full details of the review can be found at http://www.un.org/womenwatch/ daw/cedaw/38sess. htm. 38 . These are stated thusly: I. A number of sociocultural norms influence women’s status and perception of self in the community and are a hin- drance in the lyation of laws safeguarding women’s status and enjoyment of basic human rights; ii. [the] prevailing patriarchal system, cultural norms and feudal values in the society continue to influence the role of women in the community; iii. The legal guarantees often do not get translated into concrete actions, due to prevalent social and cultural norms/practices in the society; and iv. Domestic affairs are considered a private matter and incidents of family/domestic problems are usually hushed up; Conciliatory communities have been set up; Trained case workers have been posted in different localities to provide initial marriage and family counseling services. 39 . Committee on the Elimination of Discrimination again Women, Pre-session working group for the 38th session, May 14–June 1, 2007. 40. Pakistan defended its UPR to the UN General Assembly’s Human Rights Council on May 8, 2008; the proceedings were finalized on June 4, 2008. Reproduced in Aurat Publication and Information Service Foundation 2001: 19–39. 41 . The earlier report submitted to CEDAW actually included the required first, second, and third reports. This one was officially the fourth report. CEDAW/C/PAK/4, covering the period January 2005–April 30, 2009. 4 2 . I b i d . , p . 5 . 43 . Ibid., p. 11. 4 4 . I b i d ., p. 81. 45 . Ibid., p. 15. 46 . Ibid., p. 43. 47 . Details on this comprehensive package can be found at: http://schoolportal. punjab.gov.pk/Punjabwomen.pdf . 48 . UN Women “Q&A with H.E. Khawar Mumtaz, Chairperson of the NCSW, Pakistan,” February 11, 2013, accessed at: http://www.unwomen.org/2013/02/ qa-with-h-e-khawar-mumtaz-chairperson-of-the-national-commission-on- the-status-of-women-pakistan/. 49 . Associated Press of Pakistan, “Passage of 24 laws historic achievement,” Pakistan Today, June 10, 2012, accessed at: http://www.pakistantoday.com. 164 Notes

pk/2012/06/10/city/islamabad/%E2%80%98passage-of-24-laws-historic-ach ievement%E2%80%99/?printType=article

3 Mainstream and Popular Perceptions of Women’s Rights in Pakistan

1 . By “mainstream optic” I mean the view held by the mass of people in the country, not necessarily by the minority elite. 2 . This has not yet become the norm in most tribal areas such as in Swat, where families remain quite large, as examined in Chapter 6 . The data is from UNDP 2009: 193, Table L, Demographic Trends. 3 . These figures are based on a Shirkat Gah study reported in the Express Tribune, August 31, 2013, accessed at: http://tribune.com.pk/story/597697/ social-customs-nearly-half-of-pakistani-women-are-married-before-the-age- of-18/. 4 . For an interesting discussion of the social implications of relationships between sons and parents in Pakistan, refer to S. Zulfiqar Gilani, “Personal and Social Power in Pakistan,” in Weiss and Gilani 2001: 49–63. 5 . Many writers have used the imagery of the burqa to capture this. See for example, Patricia Jeffery, Frogs in a Well: Indian Women in Purdah (Lawrence Hill & Co., third edition, 1979). 6 . I appreciate Ijaz Shafi Gilani’s concept of “cultural covers,” based on a conversation with him in Islamabad August 26, 2013. 7 . Gallup & Gilani Pakistan has been conducting nationwide polling over three decades (1980–2010, and even more recently), with an average +/– 2–3 percent margin of error at 95 percent confidence level. 8 . The PewResearch Global Attitudes Project 2012 survey conducted multi-stage cluster samples of roughly 82 percent of the population in all four provinces. These were stratified by province and rural/urban population. However, FATA, Gilgit-Baltistan and Azad Jammu & Kashmir were excluded for security reasons, as were areas of instability in Baluchistan and Khyber Pakhtunkhwa. For further discussion of the PewResearch Global Attitudes survey methods, see http://www.pewglobal.org/2012/06/27/survey-methods-34/. 9 . This ambitious PDHS survey (NIPS 2013)—in lieu of a current Census in Pakistan that was last held in 1998—is part of the USAID-funded worldwide Demographic and Health Survey Program. The objective was to collect high- quality data on a range of factors and conditions that impact maternal and neonatal morbidity and mortality, provide information to health and family planning programs, and offer guidelines for future interventions. As such, its goals are more action-oriented than the Gallup & Gilani or PewResearch Global Attitudes Project, and its numbers of respondents more limited. 10 . Ijaz Shafi Gilani shared this view with me in a conversation held in Islamabad August 26, 2013. Notes 165

11 . PewResearch Global Attitudes Project 2012, data accessed at: http://www. pewglobal.org/question-search/?qid=15&cntIDs=@[email protected]&stdIDs=. 12. The percentage that said women should not have equal rights with men rose from 17 percent in spring 2010 to 21 percent in spring 2012. PewResearch Global Attitudes Project 2010 and 2012. 13 . PewResearch Global Attitudes Project 2012, chapter 4 Gender Equality. 76 percent responded that women should have equal rights as men; 62 percent responded that men make better political leaders than women. Data accessed at: http://www.pewglobal.org/2012/07/10/chapter-4-gender-equality/ . 14. All data in this paragraph is based on Gallup & Gilani Pakistan 2010b, pp. 21–24. This last point is from Gallup & Gilani Pakistan 2010b, p. 21. 15 . As reported in Gallup & Gilani Pakistan 2010b, p. 111, based on data collected in 2009. 16 . PewResearch Global Attitudes Project 2012, chapter 4 Gender Equality. Data accessed at: http://www.pewglobal.org/2012/07/10/chapter-4-gender- equality/ . 17 . NIPS 2013, p. 61. 18 . Ibid., p. 69. 19 . Gallup & Gilani Pakistan 2010b, p. 57, based on data collected in 2009. 20 . PewResearch Global Attitudes Project 2009, Pakistani Public Opinion Survey, Released August 13, 2009. This information is from Chapter Two: Religion, Law and Society; data accessed at: http://www.pewglobal.org/2009/08/13/ chapter-2-religion-law-and-society/ . 21 . Unfortunately, Gallup & Gilani Pakistan have not asked this question in more recent surveys, though I anticipate the changes would be even more marked today. 22. Gallup & Gilani Pakistan 2010a, p. 14, based on data collected in 1981 and 1998. 2 3 . I b i d ., p. 15, based on data collected in 1981 and 2003. 24 . The Higher Education Commission (HEC) of Pakistan reports the percentage of males attending universities between 2006–10 fell from 59.15 to 55 percent, while the percentage of females rose from 40.85 to 45 percentage in a mere five years. See http://www.hec.gov.pk/ Pages/HECMain.aspx . Interesting how closely this compares to female enrollment at other stages: primary school was 44 percent, middle school was 43 percent, and high school was 42 percent. This dips a bit to 34 percent for higher secondary school/intercolleges level, but then rises to 51 percent at the degree college stage. Yet the Academy of Education Planning and Management, Government of Pakistan, estimated only 33 percent enrollment by females at universities in the same time period. See http://www.aepam.edu.pk/Files/EducationStatistics/ PakistanEducationStatistics2010-11.pdf . 25 . PewResearch Global Attitudes Project 2012, data accessed at: http://www. pewglobal.org/question-search/?qid=916&cntIDs=@[email protected]&stdIDs=. 2 6 . I b i d . 166 Notes

27 . PewResearch Global Attitudes Project 2002 and 2012, data accessed at: http://www.pewglobal.org/question-search/?qid=915&cntIDs=@[email protected] &stdIDs= . 28 . Gallup & Gilani Pakistan 2010b, p. 9, based on data collected in 2009. 2 9 . I b i d . , p . 8 . 3 0 . I b i d . , p p . 1 0 – 1 1 . 3 1 . I b i d . 32 . PewResearch Global Attitudes Project 2012, data accessed at: http://www. pewglobal.org/question-search/?qid=915&cntIDs=@[email protected]&stdIDs= . 3 3 . N I P S 2 0 1 3 , p . 2 0 1 . 3 4 . I b i d . , p . 2 0 6 . 35 . Ibid., pp. 210–211. 36 . Ibid., p. 222. 3 7 . I b i d . , p p . 2 2 4 – 2 2 5 . 38 . Gallup & Gilani Pakistan 2010b, pp. 34–35, based on data collected in 1996. 39 . PewResearch Global Attitudes Project 2012, Chapter Three: Role of Islam in Politics; data accessed at: http://www.pewglobal.org/2012/07/10/chapter- 3-role-of-islam-in-politics/ . 40 . Ibid. This is considerably higher than in the other five Muslim countries PewResearch surveyed. By contrast, responses that laws should strictly fol- low the Qur’an were as follows: Jordan 72 percent; Egypt 60 percent; Tunisia 23 percent; Turkey 17 percent; and Lebanon 17 percent. 41 . Ibid. Again, this shows Pakistan as an outlier among other Muslim countries in this regard. That no one surveyed in Pakistan supported the idea of the Qur’an having no influence on laws in Pakistan is significant; in the other five Muslim countries PewResearch surveyed, responses opposing Qur’anic influence were as follows: Jordan 1 percent; Egypt 6 percent; Tunisia 12 percent; Turkey 27 percent; and Lebanon 42 percent. 42 . The percentage of religious minorities (comprised of Christians, Hindus, Sikhs, and others) is small in Pakistan, popularly estimated at no more than 3 percent of the population. Their views, therefore, would be statistically insignificant in nationwide polling of this sort though presumably they would not agree with the majority opinion on this. 43 . Gallup & Gilani Pakistan 2010b, p. 26, based on data collected in 2006. 44 . Gallup & Gilani Pakistan 2010b, p. 27. The breakdown of arenas was actually asked the previous year, in 2005. 45 . PewResearch Global Attitudes Project 2010 and 2012, data accessed at: http://www.pewglobal.org/question-search/?qid=915&cntIDs=@[email protected] &stdIDs= . 46 . PewResearch Global Attitudes Project 2012, data accessed at: http://www. pewglobal.org/question-search/?qid=15&cntIDs=@[email protected]&stdIDs=. 47 . Gallup & Gilani Pakistan 2010b, p. 28, based on data collected in 2009. 48 . Ibid., p. 31, based on data collected in 2009. 49 . Ibid., p. 30, based on data collected in 2009. 50 . Ibid., p. 33, based on data collected in 2009. Notes 167

4 Progressive Women’s NGOs’ Interpretations of Women’s Rights

1 . Women’s groups, such as APWA, previously existed in Pakistan, but it was in response to Zia’s promulgations that the number of organizations exploded. 2 . The directory of registered Women’s Rights NGOs in Pakistan only lists 22 organizations, available at: http://www.ngos.com.pk/rights/women_rights_ ngos_ pakistan.htm . However, many more NGOs that fit into the category under study in this chapter can be found in other listings on this website. See also A fshan Jahar, Women’s NGOs in Pakistan (New York: Palgrave Macmillan, 2011) and Khawar Mumtaz and Farida Shaheed, Women of Pakistan: Two Steps Forward, One Step Back? (London: Zed Press and Karachi: Vanguard Books, 1987), both of which provide an historical context of women’s NGOs in the country. 3 . A comprehensive directory of all registered NGOs in Pakistan is available at: http://www.ngos.com.pk/ . 4. Farida Shaheed is an active member of Shirkat Gah, Women Living Under Muslim Laws, and was an Independent Expert with the UN Human Rights Council in the field of cultural rights before being appointed Special Rapporteur. 5. Farida Shaheed with Aisah Lee Shaheed, Great Ancestors: Women Claiming Rights in Muslim Contexts (Oxford: Oxford University Press, 2011), pp. xi and xxiv. 6 . I b i d . , p . x i i . 7 . Ibid., p. xiii. 8 . Some of the strongest scholarship on the need to engage with the Qur’an directly and hence root out patriarchy from Islam is Asma Barlas, Believing Women in Islam: Unreading Patriarchal Interpretations of the Qur’an (University of Texas Press, 2002), Ziba Mir-Hosseini, “The Construction of Gender in Islamic Legal Thought: Strategies for Reform,” Hawwa: Journal of Women in the Middle East and the Islamic World, Vol. 1, No. 1, 2003: 1–28 and Amina Wadud, Qur’an and Woman: Rereading the Sacred Text from a Woman’s Perspective (Oxford University Press, 1999). 9 . Shirkat Gah’s website: http://www.shirkatgah.org/ . 10. For more on this initiative, see Shirkat Gah’s website: http://www.shirkatgah. org/programmes.html . 1 1 . I b i d . 12 . Shirkat Gah & ASR, 2011, p. 9. 1 3 . I b i d . , p p . 1 0 – 1 1 . 14 . Ibid., p. 11. 15 . Ibid., p. 13. 16 . Ibid., p. 14. They include discussion of twelve campaigns the women’s movement engaged in and supported during this five-year period. 17 . For an extensive discussion of these four arenas, see ibid., pp. 22–35. 168 Notes

1 8 . I b i d . , p p . 6 5 – 6 6 . 19 . Personal communication with Naeem Mirza in Islamabad, January 2014. 2 0 . I b i d . 21 . Personal communication with Simi Kamaal in Islamabad, February 2014. 22 . “AF Existing Projects (2012–2013)” accessed at: http://www.af.org.pk/projects%20-%20Ongoing.php. 23 . Personal communication with Simi Kamaal in Islamabad, February 2014. 24 . Naheed Aziz and Tahira Abdullah, Suggestions on Women’s Empowerment for Election Manifestos of Political Parties. Islamabad: Aurat Foundation, November 2012. 2 5 . I b i d ., p. 14. 2 6 . I b i d ., pp. 18–19. 2 7 . I b i d ., pp. 19–20. 28 . The Aurat Foundation’s Gender Equity Program provided me with detailed, unpublished information on the survey. Some of this data was incorporated in the Aurat Foundation’s March–November 2013 edition of Legislative Watch , which also included information on the outcome of women’s representation in legislatures, numbers of women candidates, women’s participation as vot- ers in the May 2013 election, and an analysis of a “new generation” of women legislators. 29 . Narmeen Hamid (ed.) Rising to the Challenge: An Analysis of the Implementation of MDG-5 in Pakistan (Shirkat Gah Women’s Resource Centre, 2012), p. 1. 3 0 . I b i d . , p p . 2 6 – 3 6 . 31 . Narmeen Hamid and the Shirkat Gah team, “Evidence based Policies for improving Maternal Health in Pakistan: Meeting MDG-5 Targets, National & Provincial Policy Dialogues 2012,” Shirkat Gah Women’s Resource Centre, 2012. 32 . Shirkat Gah 2012: 5. 33 . Personal communication with Wasim Wagha, Aurat Foundation, January 2014.

5 Orthodox Islamist Interpretations of Women’s Rights

1 . Since the 1980s, Maududi’s views on women have come under critique by some in the Jama’at. However, by in large, they remain the single most influ- ential vision on women’s roles and rights in Muslim society: complete segrega- tion of men and women, the subordination of women to men and laws should be based on sharia (Hakim and Aziz 1998: 731) 2 . See Humeira Iqtidar (2011: 143) for an elaboration of the various activities in which Jama’at women participate. 3 . Most of this was conveyed in a personal interview with me in Islamabad, November 4, 2003, and supplemented by Jama’at literature Samia Raheel Qazi kept referring to. Notes 169

4 . These anonymous interviews were conducted over a few weeks in August 2013 in Islamabad. 5. I n p a r t i c u l a r , see “Women: A Model or Role Model” accessed at: http:// jamaatwomen.org/site/article_detail/635. 6 . Constitution of MMA (in Urdu; author’s translation). 7 . From “Islamization in NWFP Draft Document” (in Urdu; author’s translation) issued by the MMA, Fall 2003 [exact date uncertain]. 8 . I b i d . 9 . Undated speech by Rehana Ismail, MMA MPA, at a reception at the Lucky Marwat School in then NWFP (now Khyber Pakhtunkhwa). 10 . The customary practice of swara is used as a final conclusion in dispute reso- lution generally involving a murder. A female from the family of the murderer is given to marry someone from the family of the victim, on the assumption that the former belligerent won’t harm them if one of their own women is in that household, and that long-term peace is assured once there are children from that marriage. However, in practice, the life of a girl given in swara becomes a living hell, for the strong, lingering animosity toward the murder is taken out on the girl. Even very young girls have been given in swara. This practice was finally banned in the 2011 Anti-Women Practices Bill. 11 . From “Islamization in NWFP Draft Document” issued by the MMA, Fall 2003 [exact date uncertain]. 12 . Personal interview in Islamabad November 4, 2003. 13 . Personal interview in Peshawar October 30, 2003. 14 . Both the Supreme Court and the constitutionally mandated Council on Islamic Ideology subsequently disallowed the initial proposal. The revised Act, however, does not differ markedly from the initial one. 1 5 . Talaq is an act by a husband whereby stating talaq three times, he has divorced his wife. This simple act leading to divorce has already been banned by the 1961 MFLO. However, the Jama’at-i-Islami has long advocated that the MFLO should be repealed as it includes many aspects noted earlier that are not mandated by Islam. The MMA singled out this issue of talaq and banned it, stating that a month must be inserted each time talaq is pronounced, and only then is a divorce finalized. There was no provision in the provincial law that such divorces need be registered. 16 . PILDAT 2003: 16. 17 . This is from section 22, “Hisba Force” of the Amended Version of the pro- posed Hisba Act. 18 . Personal communication in Islamabad, January 17, 2007. Also see comprehensive report by Martin Lau. 19 . I am very grateful to Juan Cole for helping me translate the judgment on the Hisba Act. 20 . Hisba Judgment by Council of Islamic Ideology, September 2004; translation by Juan Cole. 21 . “NWFP government vows to defend Hasba Bill at all Fora,” Dawn, July 16, 2005, available at: http://www.dawn.com/2005/07/16/nat25.htm . 22 . Personal communication in Islamabad, January 17, 2007. 170 Notes

23 . Personal interview in Peshawar October 29, 2003. 24. “Forced marriage threat made to NGO women,” Dawn, May 6, 2012, accessed at: http://dawn.com/2012/05/06/forced-marriage-threat-made-to- ngo-women-2/. 2 5 . Q u o t e d i n The Express Tribune , January 19, 2014, p. 2. 26 . This is how Al-Huda’s website self-describes the organization. The website, in both English and in Urdu, is accessible at: http://www.alhudapk.com . 27 . These are written on printed cards available at Al-Huda’s headquarters. 28 . Conveyed in personal interviews with me at Al-Huda, November 2007. 29 . Ahmad, op. cit., p. 20. 30 . Ibid., p. 21. 31 . The dates of her tenure with the CII were conveyed to me in an interview I conducted with the chairman of the Council of Islamic Ideology in March 1999. 32 . Based on personal communication in Islamabad at Al-Huda’s campus, March 1999. 33 . Ahmad, op. cit., pp. 26–27. 34 . Ibid., p. 27. 35 . Conveyed in personal interviews with me at Al-Huda, November 2007. 3 6 . I b i d . 37 . Ahmad, op. cit., pp. 33–34. 38 . Ibid., p. 91. 3 9 . I b i d . , p p . 5 5 – 5 6 . 40 . Ibid., p. ii. 4 1 . I b i d . , p . 1 . 4 2 . I b i d . , p . 2 1 8 . 4 3 . I b i d . , p p . 6 2 – 6 3 . 4 4 . I b i d . , p . 2 2 8 . 4 5 . I b i d . , p p . 2 2 8 – 2 2 9 . 46 . Ibid., p. 220. 4 7 . I b i d . , p p . 1 0 8 – 1 0 9 .

6 The Tehrik-e-Taliban in Swat

1 . The shuttlecock burqa, common in Afghanistan but not in Swat, is a tent- like mass of cloth with a latticed opening through which a woman is to see and breathe. Women frequently complain, however, that they can do neither wearing it. The Swat Taliban forced women to wear it. 2 . Some of the details about Swat and the Swat Taliban appeared in my earlier publication, “Crisis and Reconciliation in Swat through the Eyes of Women” (in Beyond Swat: History, Society and Economy along the Afghanistan-Pakistan Frontier, edited by Magnus Marsden & Ben Hopkins, Hurst & Co., Columbia University Press, 2012). That was based on field research I conducted in Swat Notes 171

in January 2010. I subsequently made two additional research trips to Swat, in November 2010 and January–February 2012. 3 . For further discussion of the Swat State and its merger into Pakistan, see Sultan-e-Rome, The Swat State (1915–1969) from Genesis to Merger: An Analysis of Political, Administrative, Socio-political, and Economic Development , Karachi: Oxford University Press, 2008. 4 . I appreciated hearing the personal stories of a number of these septuagenar- ians and octogenarians in Swat when we met in Saidu Sharif in February 2012. 5 . Historian Sultan-e-Rome opined to me at Jehanzeb College in Mingora in January 2012, that if the Wali hadn’t started the college, Swat would have been very backward today, like other tribal areas are. 6 . This sentiment was shared with me numerous times by many people who I interviewed in Swat. 7 . Local lure today is that Fazlullah forcibly eloped with Sufi Mohammad’s daughter—even Sufi Mohammad didn’t want him—but that Fazlullah wanted the stature that would come with being Sufi Mohammad’s son-in- law. 8 . Anonymous interview in Swat, February 2012. 9 . Fazlullah was often referred to as “FM,” “FM Mullah,” and “Radio Mullah” as reported in Salman Masood. 2009. “Airstrikes Kill 43 Militants and Wound Taliban Chief,” New York Times , July 8, accessed at: http://www.nytimes. com/2009/07/09/world/asia/09pstan.html?ref=maulanafazlullah. 10 . Most interviews I had in Swat that discussed this were held in January 2010. 11 . This is a type of community club where men would meet; it is also a separate structure used for male guests outside of a wealthy leader’s private house. 12 . Anonymous interview in Swat, January 2012. 13 . Anonymous interview in Mingora, Swat, January 2010. 14 . Reported to me in an anonymous interview in Matta, Swat, January 2010. 15 . These sentiments were shared with me by numerous people in anonymous interviews in Swat between January 2010–February 2012. 16 . Whether a local resident or someone migrating in from elsewhere in Pakistan, no income tax is assessed nor property tax need be paid when buying property. It’s widely assumed that this tax-free status lured in black money: that people didn’t necessarily construct hotels for tourism in Swat, but rather to look like they made money from the hotels and thereby using that to explain income made from illegitimate efforts. 17 . This was prohibited during the Swat State, as the Wali did not allow outsiders to settle there. A non-Swati had to give some surety to the local elders even to take temporary shelter; there was no way even to register migrants. 18 . Anonymous interview in Swat, January 2010. 19 . Anonymous interview in Matta, Swat, January 2010. 20 . This reference, from an anonymous interview conducted in Manglawar, January 2010, is to the large numbers of men in Swat who had joined the Taliban and the prevalent fear that the group will re-emerge. 172 Notes

21 . “Woman stoned, shot dead in the name of ‘honour,’” Dawn 22, June 2011, accessed at: http://dawn.com/2011/06/22/woman-stoned-shot-dead/ . 22 . Fayaz Zafar, “Brother kills his sister and her lover in Kalagay, Madyan,” ZamaSwat English News, May 5, 2012, accessed at: http://zamaswat.com /en/2012/05/05/brother-kills-his-sister-and-her-lover-in-kalagay-madyan/. 23 . As discussed earlier, swara is a traditional Pakhtun practice of giving a young girl for marriage to rectify a dispute between families. 24 . Fayaz Zafar, “A six year old girl rendered in Swara in Asharay, Matta,” ZamaSwat English News, November 8, 2012, accessed at: http://zamaswat. com/en/2012/11/08/a-six-year-old-girl-rendered-in-swara-in-asharay-matta/. 25 . Fayaz Zafar, “Local court sends all involved in Madyan swara case on police remand,” ZamaSwat English News , December 16, 2012, accessed at: http:// zamaswat.com/en/2012/12/16/local-court-sends-all-involved-in-madyan- swara-case-on-police-remand/. 26 . “Taliban use Islamic Shariah to defend Malala attack,” Dawn , October 10, 2012, accessed at: http://dawn.com/2012/10/10/taliban-use-islamic-shariah -to-defend-malala-attack/ .

7 Moving Onwards

1 . Ahmadiyas are the followers of Mirza Ghulam Ahmad, founder of a movement in North India (Qadian in Punjab) in the late nineteenth century that declared him to be a Prophet. Also referred to as Qadianis, they were desig- nated as a non-Muslim minority in Pakistan in 1974. The Deobandi semi- nary in India has issued a fatwa declaring them to be non-Muslims, and has subsequently requested that the Kingdom of Saudi Arabia ban Ahmadiyas from performing haj on the basis of their being non-Muslims. 2 . Kalbe Ali, “Pakistani laws prohibiting underage marriage un-Islamic: CII,” Dawn, March 12, 2013, accessible at http://www.dawn.com/news/1092468/ pakistani-laws-prohibiting-underage-marriage-un-islamic-cii . 3 . A n i t a M . W e i s s , Walls Within Walls: Life Histories of Working Women in the Old City of Lahore Boulder, CO: Westview Press, 1992; republished (with a new Preface) by Oxford University Press, Karachi, 2002. 4 . “Nearly three-quarters of Pakistani girls are not in School: Report,” Dawn, December 12, 2012, accessed at: http://dawn.com/2012/12/12/nearly-three- quarters-of-pakistani-girls-not-in-school-report/ . 5 . Many local people also believe that the network of administering polio drops is very corrupt and the lack of developing new serum to counter the changed polio virus is also a factor in the increase in polio infections in Pakistan. 6 . Nasir Iqbal, “CJ calls for change in law to stop Vani ,” Dawn, June 5, 2011, accessible at http://www.dawn.com/2011/06/05/cj-calls-for-change-in-law- to-stop-vani.html . Notes 173

7 . “Report: 266 honour killings reported in Sindh last year,” Dawn, July 20, 2012, accessed at: http://dawn.com/2012/07/20/266-honour-killings-reported-in-sindh- last-year-report/. 8 . These shortcomings are addressed in an Opinion piece by Dawn staff 2013a. 9 . Gallup & Gilani Pakistan 2010. This data is from a 2009 survey, reported on p. 83.

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Index

18th Constitutional Amendment Aurat Foundation (2010), 42–3, 94, 97 composition of, 76 2006 Protection of Women Act (also election manifestos (2013), 90 Bill), 36–7, 39, 84, 153 goals of, 78, 84–93, 94, 97–8 integration within Pakistani Abu-Lughod, Lila, 4 culture, 76–7, 89–93 Ahmad, Sadaf, 122–9 Islam and, 14, 89–93 Al-Huda International Welfare organizational strategy, 85–6 Foundation (Al-Huda) origin, 85 curriculum of, 122, 126 political participation of women dress code and, 124 and, 85, 89–90, 99 education and, 121–7 political prominence, 47, 84–93, gender roles and, 103, 122–30 94, 97 goals of, 123–4 projects, 85–8, 168n28 Hashmi, Farhat, 122–5, 127 views of, 11, 18, 84–93, 94, 97–8 hijab and, 121, 127 see also women’s rights NGOs in ijtihad and, 18, 102, 121–6, Pakistan 128–30, 152 Awami National Party (ANP), 11, 92, Institute of Islamic education for 120 women, 121, 123 Maududi, Maulana (1903–1979), Baluchistan, 47, 59, 71, 87, 91, 111, 122, 134 151, 153, 164n8 philosophy of, 121–6, 128–30 Benazir Bhutto (1953–2007) popularity of, 125–30 1993 elections and, 24, 28 purdah and, 67–8, 121, 125, 128 Cairo UNDP Population and Qur’an and, 122–6 Development conference (1974), as a social movement, 127–30 32 sunnah and, 124–5 Islam and, 33–4 women’s rights and, 11, 121, Islamabad Declaration (1995), 33 123–30 U.N. Fourth World Conference for Amor, Abdel Fattah (1943–2012), 8 Women in Beijing, 33–4, 48, anti-polio campaigns, 137, 154 51, 80 ASR (NGO), 14, 18, 75, 81–2, women’s rights and, 32–4, 42, 48, 160n22 71–2 186 Index

Benazir Income Support Program Gallup & Gilani Pakistan, 10, 55, (BISP), 39, 88, 98, 162n26 63–4, 68–9, 71, 156, 164n9, 166n44 Child Marriage Restraint Gellner, Ernest (1925–1995), 4 (Amendment) Bill, 108 gender roles community, narrow views of, 151–2 ascription and, 57 Constitutions of the State of Pakistan, bearing witness and, 49–50 48–9 burqa, 60, 62, 68 of 1956, 15, 23 chador, 62, 68, 141–2 of 1962, 15 domestic violence and, 44–5 of 1973, 16, 25, 29, 48–9, 72, 84, dowry and, 59–60, 104 94, 118 education and, 49–50, 61, 66–7, Council of Islamic Ideology (CII), 165n24 10, 16, 25, 27, 39–40, 125, 153, exchange marriages (watta satta), 58 160n18, 162n25 family composition and, 13, 56–62 Criminal Law (Amendment) Act gendered modernity, 9, 11 (1997), 31 honor and shame, 60–2 Criminal Law (Second Amendment) inheritance, 49, 59, 65 Act (2011) (also Acid Control and Islam and, 36, 49–50, 56–62 Acid crime Act), 43, 73, 109 kinship networks and, 56–62 culture wars, 9, 19, 51, 83, 130, 151–2 marriage and, 40, 43, 56–62, 63–7 Muslim marriage contract (nikah devolution nama), 58, 89, 120 18th Amendment, 42–3, 94, 97 patrilineage (biradari) and, 56–9 international legal frameworks and, power relations and, 55–62 42, 53–4, 97 public perceptions of, 62–74 provincial protections and women’s purdah and, 13, 60–2, 67–8, 70 rights, 42–6, 53–4, 94, 97 spatiality of, 13, 49, 60–2 domestic violence, 5, 14–15, 27, 33, traditional conceptions of, 13, 39, 41, 44–5, 52, 71, 77, 79–82, 43, 49–51, 56–62 86–8, 90–6, 98–9, 108–9, 115, women’s mobility and, 13, 57, 60–2 128, 151 Gilgit-Baltistan, 47, 85, 91, 164n8 Government of Pakistan Fazlullah, Maulana, 11, 131, 134–5, Gender Reform Action Plan 138, 140–1, 146, 149, 171n7, (GRAP), 38–9, 97, 162n24 171n9 international legal frameworks and, Federally Administered Tribal Areas 6, 28–36, 39, 44, 94 (FATA), 66, 91, 127, 148, 154, NGOs and, 29, 32–6, 44, 79–83 164n8 provincial laws and the protection fiqh, 2, 7–9, 35, 40, 49, 113, 119, 121, of women, 42–6, 53–4, 97 123, 160n13, 160n16, 160n17. UN Convention to end See also Hanafi fiqh discrimination against women Index 187

(CEDAW) and, 6, 17, 31, 34–7, 2008), 18, 101, 112–21, 129, 42, 44, 47–54, 153, 163n36 162n20 see also legal frameworks and NGOs and, 54, 76–8 women’s rights; Muslim Family philosophy of, 2–4 Law Ordinance public’s role in, 63, 72, 74, 166n40, 166n41 Hanafi fiqh, 9, 35, 49, 107, 160n17 Qur’an and, 2, 5, 7, 15, 22, 24, 41, ul-Haq, Zia (1924–1988), 9–10, 12, 43, 49–50, 67, 72, 76–7, 89, 103, 25–7, 34, 37, 40, 50, 75, 84–5, 105, 107–8, 110, 112, 114, 118, 102, 152, 167n1 123–6, 149, 160n13, 163n35, Hisba (Hasba) Bill, 10, 112, 117–19 167n8 Hudood Ordinances sharia and, 2, 5, 11, 14, 22, 40, 2006 Protection of Women Act, 73–4, 89, 101, 131, 148–9, 168n1 36–7, 39, 84, 153 Shirkat Gah, 152 CEDAW and, 30, 153n36 state and, 14, 22, 30, 51, 54, 152 Islamization and, 25, 36–7, 40, 50 sunnah and, 22, 29, 105, 112, 118 Law of Evidence and, 26, 30, 50, Swat Taliban, 18, 132, 139–50, 152, 52–3 154 Musharraf and, 36 women and, 2–5, 35, 51, 101, 152 reform of, 36–7, 40 Institute for Policy Studies (IPS) Report of the Commission of Task Force on Gender Legislation, Inquiry for Women (1994), 30–1 107–8 women’s rights NGOs and, 83–6, women’s rights and, 103, 106 89 International Islamic University, 103–4, 121, 127 ijtihad Iqbal, Muhammad (1877–1938), 3, fatwa and, 2, 24, 132, 159n2 159n3 fiqh and, 2, 7–9, 35, 40, 49, 113, Iqtidar, Humeira, 109–10 119, 121, 123, 160n13, 160n16, Islamabad Declaration (1995), 33 160n17 Islamization Program (1979) hadith and, 11, 22, 76–7, 101, 103, adultery (zina) and, 25–7 123, 143 domestic violence and, 27 al-Huda, 18, 102, 121–6, 128–30, Hudood ordinance and, 25–6, 37, 152 40, 50 Jama’at-i-Islami (Jama’at), 18, laws passed due to, 25–7, 75 101–2, 104–11, 129 power relations and, 27 meaning of, 1–5, 9, 11–12, 152, 157, rape and, 25–7 159n1 views on women’s rights, 12, 37 modernity and, 11–12, 14, 19, 24, see also ul-Haq, Zia 76–7, 111, 132, 141 Muttahida Majlis-i-Amal (MMA) Jama’at-i-Islami (Jama’at) Provincial Government (2002– Ahmed, Qazi Hussain, 104 188 Index

Jama’at-i-Islami—Continued Khyber Pakhtunkhwa (formerly Ala Maududi, Syed Abul (1903– Northwest Frontier Province), 1977), 102–33, 106, 168n1 10–12, 18, 37, 42, 45–6, 59, 71, attitudes towards equality, 104–6, 87, 92, 101, 111–12, 120, 134, 110–11 154, 162n29, 164n8, 169n9 attitudes towards freedom, 110–11 child marriage and, 108 Law of Evidence (Qanoon-e-Shahadat), domestic violence and, 108 26, 50, 52–3 education and, 103–4 legal frameworks and women’s rights fatwa and, 24 adultery (zina), 25–7, 30–1, 36–7, Hanafi fiqh (law), 107 96, 115 Hira Schools, 104 Constitutions and, 7, 15–16, 25, 29, historical development of, 102–3, 48–9, 72, 84, 94, 118 133 divorce (talaq) and, 23–4, 35, 40–1, honor killings and, 109–10 59, 65, 108, 156, 169n15 ijtihad and, 18, 101–2, 104–11, 129 domestic violence and, 27, 41, 44–5, inheritance (Kilfalayat), 104 94–6, 98–9, 108 Institute of Policy Studies, 103, 106 Guardians and Wards Institute of Policy Studies Task (Amendment) Bill 2008, 40 Force, 106–9 guardianship (wali) and, 40, 64 Islamic legal jurisdiction, 107–9 honor killing, 43, 155, 161n12 al-Khidmat, 103 implementation of sharia (Islamic modernity and, 111 law), 16, 22, 40, 83, 104, 109, Muslim Family Law Ordinance 111–13, 115, 117, 119, 132–4, 138 (1961) and, 26, 36, 107, 115, Islamization and, 25–7 169n15 legislation of, 44, 152–6 political engagement with MMA, marriage, 23–4, 40, 43, 153–5 112 rape, 25, 27, 31, 36, 50, 75, 96, 156, Qazi, Samia Raheel, 104 160n22 role of women in, 103, 105–11 sexual harassment and, 41–2 social welfare, 102–3 women’s testimony, 26, 49–50, 53 vision of, 11–12, 102 see also domestic violence; marriage women’s Commission of the Jama’at-i-Islami, 104 Malaysia women’s rights and, 91, 103–6, Parti Islam Semalaysia (PAS), 8, 111 109–11 women’s rights and, 8–9, 121 Jamiat-i-Ulema (JUI-F), 37 map of Pakistan, vii Jinnah, Fatima (1893–1967), 24 marriage adultery (zina), 25–7, 30–1, 36–7, Khan, Liaquat Ali (1895–1951), 22 43, 96, 115, 131 Khan, Mohammad Ayub (1907–1974), arranging of, 58, 76 12, 23–4, 34, 38, 132, 152 divorce and, 23–4, 30, 35, 40–1, Khan, Rana Liaquat Ali Khan (1905– 59–60, 65, 89, 106, 108, 115, 1990), 22–3 156, 169n15 Index 189

dowry (jahez) and, 59–60, 104 legislative debate around, 22–4, 37, early marriage, 58, 154 39–41, 107, 115, 157 economics of, 65 Jama’at opposition to, 107–11 exchange marriages (watta satta), marriage and, 23–4, 40, 64, 115 58–9, 154 reforms of, 26–7, 37, 39 forced marriage, 43, 154 registration of marriage and divorce history of marriage law, 23–4, 36, and, 23–4, 40–1, 64, 115 40 women’s rights and, 12, 23, 40, 64 provincial differences in, 59 Muslim Personal Law of Shariat rape (zina-bil-jabr), 25, 27, 31, 36, (1948), 21–2 50, 75, 96, 156, 160n22 Muttahida Majlis-i-Amal (MMA) Masud (also Mas’ud), Khalid, 2, 24, Provincial Government 40, 89, 118–19, 153, 159n1, (2002–2008) 159n3, 160n19, 161n7, 162n25 Aurat Foundation and, 116 Maududi, Maulana, 110, 122, 124 campaign agenda, 112 Mayer, Ann, 6 composition of coalition, 112 Mernissi, Fatima, 14, 60 Council of Islamic Ideology and, Millennium Development Goals 10, 25, 27, 112, 118–19, 160n18 (MDGs), 92 divorce and, 115 Mirza, Naeem, 5, 76, 84–5, 89–90, education and, 114, 116 93, 168n19 electoral defeat of, 120–1 Mohammed, Sufi, 133–4, 138, family law and, 115 171n7. See also Swat State; Swat Hisba Bill, 10, 112, 117–19 Taliban Hisba Force, 117–19 Mumtaz, Khawar, 44, 53–4, 79, 81 historical development of, 111–12, Musawah, 5, 159n9 134 Musharraf, Pervez honor killing and, 120 2006 Protection of Women Act, 12, identity of, 119–20 36–7, 39, 153 ijtihad and, 18, 101, 112–21, 129, attitude towards women’s 162n20 participation and, 35, 37 media and, 112–13 Criminal Law (Amendment) Act of Provincial Shariah Law (2003), 2004 (honor killing law), 36 113–17 economic development and, 36 public health and, 114–15 Hudood Ordinances and, 36 purdah and, 113–16 motivations of, 39 relationship with federal women’s participation and, 35, 37 government, 113, 117–19 women’s rights and, 35–9, 51, 109, role of women and, 114–16 152, 161n12 women’s rights and, 10–11, 112, Muslim Family Law Ordinance 114–21 (MFLO) divorce and, 24, 40–1 National Commission on the Status domestic violence and, 41 of Women (NCSW), 37, 44–5, Islam and, 24, 27, 36–7 76, 79, 97 190 Index

National Institute of Population domestic violence and, 70–1 Studies (NIPS), 55, 63, 70 economic empowerment and, 64 National Policy for Development and economic opportunities by gender, Empowerment of Women (NPA), 68–70 38 education and, 63, 66–7 National Policy on Women (2001), 37 equality and, 63–4 Gallup & Gilani Pakistan, 10, 55, Othman, Norani, 8–9 63–4, 68–9, 71, 156, 164n7, 165n21 Pakistan Muslim League (PML-N), ijtihad, 63, 72 11, 26–8, 45, 93, 97, 152–3 Islam and politics, 72–3 Pakistan People’s Party (PPP) marriage and, 63–7 2008 election and, 39 mobility and, 63, 68–70 Benazir Bhutto and, 24, 28, 32–4, National Institute of Population 48, 71–2 Studies (NIPS), 55, 63, 70–1 Benazir Income Support Program Pew Research Global Attitudes (BISP), 39 Project, 10, 55, 63–6, 68, 71, 73, Cairo Population and Development 164n8, 164n9, 165n11, 165n12, conference, 32–3, 80 165n13, 166n39, 166n40, Islam and, 32 166n41 NGOs and, 33, 92 political participation and, 63–4, Social Action Program, 29 71–2 UN Convention for the Elimination purdah, 67–8, 70 of All Forms of Discrimination quality of life and, 63 against Women (CEDAW) and, sharia and, 73–4 48 women’s labor and, 63–4, 68–70 women’s rights and, 11, 28–9, 152, women’s rights and, 62–74 161–2n17 Punjab, 15, 45–6, 53, 58–9, 61, 71, Pakistan’s 2012 Universal Periodic 79, 87, 104, 138, 154–5, 163n47, Review, 94 172n1 Pew Research Global Attitudes purdah, 13, 60–2, 67–8, 70, 103, Project, 10, 55, 63–6, 68, 71, 73, 114–16, 121, 128, 135, 141–2, 145 164n8, 164n9, 165n11, 165n12, 165n13, 166n39, 166n40, Qazi, Samia Raheel, 104, 168n3 166n41 Qisas and Diyat (Retaliation and Prevention of Anti-Women Practices Blood Money) Ordinance, 26, Act 2011, 43, 59, 73, 155 44, 53, 83–4, 95 Protection against Harassment for Women at the Workplace (2010), Rehman, Fazlur, 37, 112, 153 41–2 Religion’s role in Pakistan, Public opinion and women’s rights in contestations over, 151 Pakistan Report of the Commission of Inquiry demographics and, 63, 70–1, for Women in Pakistan (1994), 166n42 5, 30–1 Index 191

Serajuddin, Alamgir Muhammad, 22 during the UPR Working Group Shaheed, Farida, 4, 77, 167n4 (2012), 95–6 Sharia (Islamic law) views of, 11, 18, 78–84 Islamization, 25, 35 Sindh province, 42–4, 46–7, 58–9, 61, legal implementation of, 16, 22, 40, 63, 71, 75, 79, 87, 154–5 83, 104, 109, 111–13, 115, 117, Swat District (post 1969) 119, 132–4, 138 military assault on (2009), 137, 139, Muttahida Majlis-i-Amal (MMA) 146 Provincial Government (MMA), Provincially Administered Tribal 111–13, 115, 117, 119 Areas (PATA) and, 131, 133, 139 See also gender roles; ijtihad; Swat Taiban, 133–9 marriage; women’s rights Swat State (1858–1969) Shari’at Law (1991), 26 education and, 133, 139–40, 143 Sharif, Nawaz, 12, 26, 34, 45, 93, 97, history of, 132–3 125, 152–3 Mohammed, Sufi, 133–4, 138, Sheerani, Maulana Muhammad Khan 171n7 (current CII chairperson), 153 religious background of, 132–3 Shirkat Gah traditional characteristics of composition of, 76 population, 132–3, 138 domestic violence and, 94–6 Wali and, 132–3, 143–4, 171n18 early marriage and, 58, 94, 96 Swat Taliban goals, 78–80, 94 adultery (zina) and, 131 honor killings and, 83–4 economic effects of, 136–7, 145, human rights and, 79, 89, 94–6 171n16 ijtihad, 152 education and, 66, 84, 131, international relationships, 78–84 139–40, 144, 152 Islam and, 14 Fazlullah, Maulana, 131, 134–5, organizational strategy, 78–83 138, 140–1, 146, 149, 171n7, origin of, 75, 78 171n9 policy briefs, 78–84, 93–6 FM radio, 131, 134–5, 140–1, 143, political prominence, 44, 78–84 171n9 projects, 78–84 foundations of power, 133–5 recommendations, 83–4, gender relations and, 131, 140–50 93–6 historical development of, 132–3 Recommendations Adopted during honor killings and, 148 the UPR Working Group (2012), itjtihad and, 18, 132, 139–50, 152, 95–6 154 sexual and reproductive rights and, Malakand Accord, 138–9 81, 93–6 Malala Yousufzai, attack on, 148–9 Shadow Report on Government of military intervention and, 136–7, Pakistan’s Report to CEDAW 139, 146 (2013), 80, 83–4, 154 purdah, 67–8, 135, 141–2, 145 Table 4.1 Shirkat Gah reasons for emergence, 137–8 Recommendations Adopted sharia and, 138, 148–9 192 Index

Swat Taliban—Continued U.N. Convention on the Elimination shuttlecock burqa and, 67–8, 131, of All Forms of Discrimination 135, 141–3, 170n1 against Women (CEDAW) storming of Lal Masjid (Islamabad, general principles, 6, 47–8, 160n12 2007), effects on, 135 Government of Pakistan and, 17, Tehrik-e-Taliban Pakistan (TTP) in 31–7, 42, 44, 47–54, 97, 153, Swat, 11, 18, 131, 135, 141, 144, 163n36 149, 151 NGOs and, 79–83 violence and, 135–7, 139 obstacles to implementation in women’s experiences living under, Pakistan, 10, 47–54 139–50 Pakistan’s disagreements with, women’s resistance to, 146–7 49–54 women’s rights and, 53, 132, 140–5, Pakistan’s reservations in signing, 148–50 48 women’s support for, 139–41 progress towards adherence, 50–4 U.N. Convention on the Rights of the Talibi, Mohammad, 7 Child (CRC), 29, 97, 153 Tehreek-e-Nafaz-e-Shariat-e- U.N. Fourth World Conference for Mohammadi Movement Women in Beijing (1975), 30, (TNSM, Movement for the 33–4, 48, 51, 80–2 Enforcement of Islamic Law) emergence of, 132–5 Women Aid Trust, 104 Fazlullah, Maulana, 131, 134–5, 138, Women Living Under Muslim Laws 140–1, 146, 149, 171n7, 171n9 (WLUML), 5, 159n9 Mohammed, Sufi, 133–4, 138, women rights 171n7 Constitution of 1973 and, 16, 25, sharia and, 133–4 29, 84 violence and, 134 defintions of, 5–6 women’s rights and, 135 devolution and, 42–6, 53–4 traditional practices affecting women domestic violence and, 5, 14–15, 27, karo-kari (adulterers killed in honor 33, 41, 44–5, 52, 71, 77, 79–82, killing in Sindh), 14–15, 43, 104 86–8, 90–6, 98–9, 108–9, 115, swara (marriage as compensation), 128, 151 14–15, 43, 85, 104, 115, 117, 148, elections and, 24, 28, 32, 37, 39, 155, 169n10, 172n23 44–5, 51, 72, 74, 85–7, 90, 92–3, talaq (divorce after saying it three 97–8, 111, 120–1, 134, 152 times), 24, 117, 169n15 fertility and, 57–8 wali (guardian), 31, 40 health and, 93–6, 154–5 wani (child marriage), 43, 155 Human Development Index watta satta (exchange marriage of and, 28 brothers and sisters), 58–9 human rights and, 5–7, 23, 29–33, Tunisia 36, 38–9, 43–4, 47, 51, 58, 72–3, Tunisian Personal Status Code, 7–8 75–9, 84, 87, 89, 91, 94–8, 103, women’s rights and, 7–8, 29 117, 129, 155 Index 193

inheritance, 7, 35, 49, 59, 65, 74, 81, Women’s Human Rights Defenders 89, 95, 104–8, 124 (WHRDs), 155–6 Islamic definitions of, 2–5 Women’s rights NGOs in Pakistan Islamic orientations towards, 11–14, domestic violence and, 14, 77 33–4 emergence of, 75 literacy and, 4, 28, 33–4, 63, 69, Hudood Ordinances and, 93, 98, 109, 114, 143 83–6, 89 NGOs and, 11, 17, 28, 33, 54, ijtihad, 54, 76–8 75–8, 81–2, 85–99, 120, 129, modernity and, 75–7 149, 160n22, 167n2 National Commission on the Status overview of, 4, 11–16 of Women and, 37, 44–5, 76, population growth and, 57–8 79, 97 provincial laws and the protection Shadow Reports and, 54 of women, 42–6, 53–4, 94, 97 visions of women’s rights, 75–8, September 11th, effects on discourse, 85–99 3 see also Aurat Foundation; See also gender roles; legal Shirkat Gah frameworks and women’s rights; public perceptions of women’s Yousufzai, Malala, 18, 53, 148 rights Women’s Action Forum (WAF), 11, Zaman, Qasim, 3 44, 47, 75, 84, 160n22 Zardari, Asif Ali, 152