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Copyright © and Moral Rights for This Phd Thesis Are Retained by the Author And/Or Other Copyright Owners. a Copy Can Be Downlo Almala, Afaf (2014) Gender and guardianship in Jordan : femininity, compliance, and resistance. PhD Thesis. SOAS, University of London. http://eprints.soas.ac.uk/id/eprint/20341 Copyright © and Moral Rights for this PhD Thesis are retained by the author and/or other copyright owners. A copy can be downloaded for personal non‐commercial research or study, without prior permission or charge. This PhD Thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the copyright holder/s. The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the copyright holders. When referring to this PhD Thesis, full bibliographic details including the author, title, awarding institution and date of the PhD Thesis must be given e.g. AUTHOR (year of submission) "Full PhD Thesis title", name of the School or Department, PhD PhD Thesis, pagination. 1 TITLE: Gender and Guardianship in Jordan: Femininity, Compliance, and Resistance Afaf Almala Thesis submitted for the degree of PhD in Gender Studies 2014 Department of Law and Social Science SOAS, University of London 2 Declaration for PhD thesis I have read and understood regulation 17.9 of the Regulations for students of the SOAS, University of London concerning plagiarism. I undertake that all the material presented for examination is my own work and has not been written for me, in whole or in part, by any other person. I also undertake that any quotation or paraphrase from the published or unpublished work of another person has been duly acknowledged in the work which I present for examination. Signed: ____________________________ Date: 29th September 2014 3 Abstract This thesis focuses on the role and impacts on women of the system of wilaya (guardianship) – enshrined in Muslim family laws and, more specifically, in the Jordanian Personal Status Law. In this thesis, wilaya over women is treated as crucial to maintaining a system of domination over women, as such designates women as legal minors and forms the basis of women’s legal and social subordination. Therefore, I argue that wilaya plays a key role in the reproduction of the gender hierarchy system. The thesis makes three central points with regards to wilaya. First, the systematic inclusion of provisions of wilaya over women serves as a construct of normative femininity. In this light, I address the relevance of the state as a gender regime in analysing how the masculine and feminine selves are constructed and reproduced in the context of Jordan. I also probe how a masculine state works in collaboration with other institutions to give power, founding legitimate operations and procedural methods for institutions such as family and tribe to manage, produce, and construct normative femininity and masculinity. Second, a relationship exists between the extent/degree of wilaya over women and the view of the Self from within, through, or outside the normative construction of femininity. I argue that women’s experiences of male authority that intersects with tribal, ethnic and class membership inflect the ways in which women interpret and experience the boundaries of the wilaya system. Therefore, this system impacts the diverse and contradictory constructions of Jordanian women’s femininity, where some conform to the system and others contest or embrace a complex combination of compliance, accommodation and resistance. Third, the ambiguous and contradictory state of women’s various forms of femininity resulted in women’s adoption of practices with a tactical nature, which are also informed by available options, opportunities, and the potential for escaping the wilaya system without facing sanction or punishment. Although these tactics of survival and/or resistance have not ensured a substantive transformation in women’s lives at the collective level, they can materialise into strategies aimed at achieving autonomous selves at the personal level, where wilaya is questioned and possibly contested. 4 Table of Contents Abstract .......................................................................................................................................... 3 Acknowledgment ........................................................................................................................ 6 Chapter 1 The Politics of Wilaya Over Women in Jordan ........................................................ 8 Introduction .................................................................................................................................. 8 Women, Colonialism and the Creation of a Masculine State in Jordan ........................... 12 The Politics of Gender in the Democratisation Process ........................................................ 19 Theoretical Framework ......................................................................................................... 25 Alternative Forms of Femininity ......................................................................................... 27 Practices of Femininity in Women’s Everdy Life .................................................................... 34 Sites, Surroundings and Research Participants ............................................................. 38 Interview Structure and Sites .......................................................................................................... 40 Statement on Research Ethics .......................................................................................................... 46 A Departure Note from the Insider / Outsider Dichotomy ................................................. 47 Structure of the Thesis ........................................................................................................................ 53 Chapter 2 Wilaya Over Women and the Construction of Femininity ................................. 55 Introduction ............................................................................................................................... 55 The Construction of the Ideal Feminine in the Fiqh Interpretation ........................ 58 Can Different Interpretations Work for Women? .................................................................... 64 Laws on Wilaya over Women and the Construction of Femininity ......................... 66 Judges’ Perceptions of Wilaya over Women ................................................................... 72 ‘Women’s Irrationality’ and the Claim of Protection .............................................................. 73 The Claim of Women’s Interests ..................................................................................................... 76 Tribal Interests ....................................................................................................................................... 80 The Claim of Supervising” Misbehaved” and “Ill-mannered” women ............................ 86 Conclusion .................................................................................................................................. 88 Chapter 3 The Gentle Hidden Construction of Femininity .................................................... 91 Introduction ............................................................................................................................... 91 Naturalisation and Socialisation of Normative Femininity ................................................. 93 The Invisible Reality of Constructing Femininity ......................................................... 97 Normative Femininity in Exchange for Security and Protection .................................... 101 Pragmatic Femininity .......................................................................................................... 104 “Masculinised” and Exceptional Women .......................................................................... 114 The Activist: The Exceptional Alien Woman .............................................................................. 117 Conclusion ................................................................................................................................ 121 Chapter 4 Everyday Tactics of Defiance and Compliance ................................................... 127 5 Introduction ............................................................................................................................ 127 Conceptualising Women’s Tactical Practices ............................................................................ 129 Women’s Tactics and the Aspirations of Independence .......................................... 131 Tactics and the Prospect of Survival ............................................................................... 140 Class, Tribe and Gender in the Pursuing of Women’s Independence .................. 148 Conclusion ............................................................................................................................... 155 Chapter 5 Rebelling against the System of Wilaya: Women “in Need of Correction and Rehabilitation” .............................................................................................................. 161 Introduction ............................................................................................................................ 161 Representation of Women and the Honour/Shame Complex .......................................... 164 State Sanctions over Women Seeking Autonomy ......................................................
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