Islamic feminism and Arab family laws

Perspectives from Morocco, Egypt and Lebanon Contents

Foreword 4 Dr. Lina Abirafeh, Executive Director of the Arab Institute for Women 4

1. Islamic feminism and Arab family laws. Increasing the impact? 6 Connie Carøe Christiansen Introduction 8 A gap between Islamic feminist knowledge and reform 9 A transnational social movement approach 11 Aims and strategies of Islamic feminist organizations 13 Disseminating Gender equality as an Islamic norm 16 Recommendations 17 References 18 Appendix 20

2. The 2004 Moroccan family law (Moudawana): A Homegrown Islamic 22 feminism with potential to grow Fatima Outaleb and Fatima Sadiqi Introduction 24 The 2004 Moudawana reforms: A brief genesis 26 How did the 2004 reform come about? 27 The Post- 2011 Moment 29 Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism Recommendations 30 References 32 3

3. Reforming the Egyptian Personal Status Laws. A case for Islamic feminism 34 Azza Soliman and Sara Abdel Ghany Introduction 36 The emergence and development of the Personal Status Law 37 The history of change 38 Substantive Reform: The case for Islamic feminism 42 Recommendations 44 References 46

4. Reform of Arab family law within an Islamic framework in Lebanon 48 Youmna Makhlouf and Reem Maghribi Introduction 50 Transnational Islamic feminism and the Lebanese reform process 51 General Overview 52 Secular and religious initiatives 53 Cultural relativism and transnational movement 55 Conclusion 56 Recommendations 58 References 59

The Arab Institute for Women, Lebanese American University, Brief bios of contributors 62 Beirut, March 2020 Foreword Dr. Lina Abirafeh, Executive Director of the Arab Institute for Women

I often start my speeches with grim global In the Arab region, we say we’re always on the – building transnational social movements by of Lebanese diversity. There is no substitute gender statistics. I say that the gender gap brink of an emergency - in perma-crisis. If we finding spaces of engagement and the norm for a socio-cultural analysis and yet no doubt needs 200 years to close, that women and define “emergency” from the perspective of translators already operating within those that there must be reforms. girls are the majority of the world’s poor, women, we are living in a perpetual state of spaces. As such, transnational feminist net- that 15 million young girls will never get the emergency in every single country. works can have socio-contextual strength I love this word, feminism. chance to read or write, and that women hold and sticking power. It is so very central to the challenges

| Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism a fraction of the world’s parliamentary seats. Meanwhile I run an Institute, a 46-year old we face as women in the Arab region. Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism It doesn’t end there. pioneer, operating at the intersection of ac- I love this word, feminism. It is so very cen- 4 ademia and activism. The Arab Institute for tral to the challenges we face as women in 5 I say that in 49 countries, domestic violence Women at the Lebanese American University the Arab region. Fatima Outaleb and Fatima I am delighted to write the foreword to this is not considered a crime. And where it is, is the first of its kind in the region, and among Sadiqi use the 2004 Moroccan Family Law to important work, for which support was pro- those laws are incomplete, unapplied, or out- the first globally. The Institute covers the 22 remind us that feminism is not – and never vided by a grant from The Carnegie Corpo- right ignored. I say that 750 million girls were Arab countries, serving as a bridge, a hub, a was – a Western import. Rather, they examine ration of New York. Gender equality is not a married before the age of 18 – that’s 33,000 voice, a network, and a platform – fighting for the fundamental role of secular and Islamic luxury, not an afterthought, and not an add- girls a day, or one girl every two seconds. And real change for women in the region. feminists and build on this understanding to on. It is a fundamental prerequisite to any and then I say that one in three women and girls expose avenues and potentials for transna- all reforms. After all, generations of evidence worldwide will experience some form of gen- Such are the moments, and movements, that tional Islamic feminism. show that the strongest indicator of peace, der-based violence in their lifetime. bring possibility. progress, and prosperity in a country is an- Building on this analysis, Azza Soliman and chored in one thing: how the country treats These sobering figures are the manifestation The critical research shared in Islamic Fem- Sara Abdel Ghany use Egypt’s Personal Sta- its women. of our persistent inequality. inism and Arab Family Laws: Perspectives tus Laws to make a case for Islamic feminism, from Morocco, Egypt and Lebanon bring some concluding with recommendations challeng- So, what of the Arab region? of these challenges to light. This work starts ing the Egyptian government to promote re- Lina Abirafeh This diverse grouping of 22 countries lands with Connie Carøe Christiansen, who locates forms, foster dialogue, and implement new at the bottom of all social indicators, with this work in an Islamic feminist activist frame, models of the old structures that were built the widest gender gap, the greatest security by paying homage to the founding feminist on inequalities. challenges, and the longest running crises – foremothers whose early explorations of this all of which increase preexisting inequalities subject opened analytical and activist doors Youmna Makhlouf and Reem Maghribi apply and magnify vulnerabilities. Of the ten worst for us. a similar lens to Lebanon, where reforms of countries to be a woman, five are Arab. At family law have been met with resistance. Is- times it seems an impossible quest to advo- Dr. Christiansen shepherds us through a pro- lamic feminism is both the lens and the tool to cate for women’s rights in such a landscape. gression not unlike that of the Institute itself advance such reforms, despite the challenges Islamic feminism and Arab family laws. Increasing the impact?

Connie Carøe Christiansen Islamic Introduction linkages between feminism and colonial societies. Are recent initiatives to review The formulations that Islamic family laws thought. family laws and interpretation of their core feminism and were given in the Arab region1 when they concepts from an Islamic perspective able became written laws have determined Transnational social movements are to influence reform of gender discriminatory Arab family women’s unequal rights in Muslim families. constituted by activists and organizations at Islamic family laws? If not, or if not sufficiently, laws. Increasing This process of codification generally occurred local or ‘grass roots’ level that connect with how is such impact enhanced? in Arab countries after independence from counterparts in other countries, some of the impact? colonial rule (Mir-Hosseini 2015). Within which expand to national and global levels. Islamic feminist activism is here defined as recent decades, activities of transnational Advocacy and pressure from these movements researcher-activists who individually and/or may contribute to the transformation of social in international & local NGOs, in networks Connie Carøe Christiansen Today Islamic feminism is norms in global governance. Accordingly and knowledge-building projects align on the transgressing national borders, thus national governments and institutions are finding that Islam, gender and human rights form part of civil society seeking under pressure to react or to take a stance are compatible. This activism represents influence at different levels of policy on issues that are raised by these social a strategy, which opens for the critique of making. movements. However, the influence of gender inequality in classical understandings transnational networks and organizations, of Islamic scriptures, and in the versions frequently operating at an international level of modernity hitherto promoted by Arab social movements that are relevant to Islamic on the national framework are a contested and states. Consequently, there is a potential for family laws have increased based on the sensitive issue. In this brief a transnational transnational networks and organizations pioneering work of Fatima Mernissi, Azizah more forcefully setting the direction and Al-Hibri, Leila Ahmed, and Amina Wadud. In More than a century of critique of ambition for reform of family laws (also the early 1990s they engaged in Islam and women’s legal status in the Arab known as personal status codes) across the women’s rights by reinterpreting the Qur’anic region, changing family patterns, Arab region. verses and ahadith – the reported sayings and and a booming young female adult | Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism deeds of the Prophet - on which classic Islamic population aspiring to professional A gap between Islamic feminist Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism jurisprudence of family laws are based2. lives, these laws still endorse knowledge and reform 8 Following in the footsteps of these scholars is inequality between the spouses. In order to address the slow, uneven progress 9 a diverse group of scholars and activists such of legislative reform this brief offers points as Asma Lamrabet, Omaima Abou Bakr, Ziba of attention for policies - activism and other Mir-Hosseini, Asma Barlas and Nimat Hafez social movement perspective is applied to initiatives - in transnational contexts that Barazangi who apply a number of innovative discuss in a policy lens the strategies and would strengthen women’s rights across the hermeneutical strategies, enabling new methods of Islamic feminist networks and Arab countries. The goal is to ensure that future perspectives on gender relations and women’s organizations. policies take Islamic feminist scholarship – rights in Islamic scriptures. One of them is within and beyond the region – into account tawhid, or emphasizing the overall egalitarian Although diverse and subject to reform for reformulation and reform of family laws. message of the Qur’an when interpreting processes Arab family laws are characterized While acknowledging the crucial level of legal particular verses and ahadith. Another by features that discriminate against women, practices, the paper addresses the current is contextualizing Qur’anic verses in the whether as unmarried, married or divorced. gap between Islamic feminist knowledge historical time and place of their revelation. Despite more than a century of critique of and the jurisprudence (fiqh) that informs This type of scholarship and activism is women’s legal status in the Arab region, reform processes of Arab Islamic family frequently labeled Islamic feminism. Today changing family patterns, and a booming laws. It builds on the research project titled Islamic feminism is transgressing national young female adult population aspiring to “Transnational Social Movements of Family borders, and as a constituent of civil society professional lives, these laws still endorse Law Revisions within an Islamic Framework” seeking influence at different levels of policy inequality between the spouses in cases (2019-2017, hosted by the Arab Institute for making. Not all scholars accept the term; of such as adultery, child custody, and Women, the Lebanese American University, in the view of some, the notion of Islamic inheritance. This is unjust, and constitutes an Beirut Lebanon). The project reviews feminism encompasses irreconcilable lines obstacle to development, preventing women’s research and activism relevant for family of thought, moreover, many scholars identify self-determination and contribution to their law revision within an Islamic framework as

1 In this brief, ‘Arab region’ does not include Arab states in the Gulf 2 However, already in 1982 Azizah al-Hibri wrote about ‘Islamic herstory’ (Al Hibri 1982), a topic that she also pursued in more recent publications. a transnational social movement in the Arab broader parts of Muslim populations, let rights. These networks and organizations magnitude. Moreover, their relations to region, and relates findings directly to the alone policy makers, depends not only on are diverse in their set-up and framing, organizations on the national and global reform processes of three selected national how Islamic feminist organizations that and do not usually collaborate, rather they arena that work for similar aims and to policy family laws – of Morocco, Egypt and Lebanon. do not necessarily address reform directly compete for support and funding. This makers, governments and international The overall objectives are to a) inform policy work and relate to other relevant actors; agencies are core. A mapping of a number of processes in Arab states through research undoubtedly political and economic power networks and organizations whose activities findings on transnational social movements, structures are usually resilient to Islamic A range of networks and organizations are most relevant for reform of Islamic particularly regarding insights on family feminist strategies. Finding the potential for have identified an Islamic framework family laws provides some insights into the law revisions that further gender equality, more influence involves identifying relevant as relevant for enhancing Muslim particular mission, funding and strategies b) engage Arab states in law reforms that insights and strategies, not yet brought into women’s rights. of this movement (see Appendix).4 These combine communitarian co-existence and play among activists and policy makers in organizations, though different in approach gender equality with democratic governance, transnational and national contexts. and organizational structure, share an and c) suggest how Arab states may become diversity and competition shape them as analysis – or in social movement theory more inclusionary by accommodating gender Transnational and local networks or ‘spaces of engagement’ – spaces in which perspective – diagnosis of the problem at hand equality. organizations of Islamic feminism may thus governmental and institutional actors invite as a widespread assumption that Islamic fiqh enhance their influence on national reform activists to collaborate on the problem is divine and not man-made, and therefore not Organizations of Islamic feminism have processes by taking insights from social identified by the activists (Yanacopolus 2015). subject to re-interpretation. They also share transnational reach; they are involving activists movement theory into consideration. Islamic Non-governmental organizations (NGOs) are their prognosis or strategy and plan for what and scholars from a range of countries in both feminist organizations and networks are perceived to be independent from government needs to be done, as a quest for women’s the global North and global South, and they in this brief approached as a transnational and public bodies; they are assumed to be religious leadership and/or perspective on engage in conversation on gender equality and social movement that is constituted by social self-governed. This assumption is modified the Qur’an, while embracing human rights. Islam (Sharify-Funk 2008). The participants spaces of activism – seminars and workshops, by frequent interconnections between state, in this conversation are professionals and training and advocacy – localized in several political parties, and civil society. When an activists, whose output including academic places within a range of diverse national NGO/International NGO is registered, it may | Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism contributions and ‘knowledge-building frameworks in the Global South and in the be for purposes of governmental recognition, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism projects’ are extensive. An assessment of Global North, in international fora and in but ‘spaces of engagement’ are constituted by 10 the ‘trickling down’ (Keck & Sikkink 1999) or transnational organizations. In other words, mutually dependent actors (Yanacopolus :2015 11 the adoption in national contexts of norms the locus of transnational Islamic feminism 4), meaning that the lack of independence of is not the international, the national or the Arab civil societies from both state institutions Organizations of Islamic feminism local level. Rather, in knowledge-building and international agencies is not exclusive to have transnational reach; they are and other forms of activism, activists connect Arab countries. In these countries, however, among diverse contexts. registration is a prerequisite for the legality of involving activists and scholars the activities of the organization (Krause 2012, from a range of countries in both Clark & Salloukh 2013). Thus, Arab states the global North and global South, A transnational social movement approach are often able to control NGOs and agencies and they engage in conversation on that operate within their territories, whereas Social movement theory is addressing bottom- gender equality and Islam international NGOs are able to evade this up pressure for social change, demonstrating (Sharify-Funk 2008). control by locating their headquarters within how ‘grass roots’ and social movements environments, which are more responsive to expand at local, national and global levels of their mission. government. Feminism has given rise to social movements that are now transnational, aided guiding international policies, among which The consequences and potential for law by travel and communications technologies. gender equality is contested as a norm for reform represented by Islamic feminist regulating the family, entails a focus on the organizations like Musawah and WISE and A range of networks and organizations openings and opportune moments for shifting yet other organizations3 are closely related to have identified an Islamic framework as and reinterpreting norms. Clearly, the ability the kind of activism that these transnational relevant for enhancing Muslim women’s of the Islamic feminist movement to mobilize networks engage, their effectiveness and

3 In addition the International Congresses on Islamic Feminism organised by the Catalan Junta Islamica, and the Barcelona based International Group of Studies and Reflection on Women and Islam (GIERFI) are ‘global actors’ of Islamic feminism (Pruzan- Jørgensen 56 :2012), however not included in this study. 4 Not all organizations mentioned work exclusively within an Islamic feminist framework, thus WLUML and Oslo Coalition are both including secular perspectives. that tend to accompany international policies Islamic feminism is ‘home-grown’, rather Musawah Karamah WISE intended to promote gender equality. On this than inspired by international NGOs (see the background, it becomes important to em- paper by Sadiqi and Outaleb). Consequently, for equality in Muslim Muslim Women Lawyers for or Women’s Islamic Initiative phasize that ‘transnational feminism’ is not a modification of the the ’trickling-down’-hy- families Human Rights in Spirituality and Equality, constituted simply by a transnational network pothesis is required; it is supplemented, and (http://www.musawah.org) (www.karamah.org) – was http://www. of feminists; rather it is a designation for ac- sometimes replaced with influence going in - is a global civil society previously supported by wisemuslimwomen.org/)- is tivism that connects feminist agendas across multiple directions, from national settings organization or INGO, a private family fund, but based in New York, promotes boundaries of race, cultures, regions, faiths to transnational organizations; exchange of targeting individual activist supporters now include a Muslim women leaders, (Al-Ali & Pratt, ibid: 260), thus taking into norms at different scales may therefore be a women and organizations, range of private funds and and is supported by a range consideration power asymmetries in feminist more accurate description. Islamic feminist based in Malaysia with US government funding. It of government and private networks and beyond. networks and organizations may take on this funding from private, is based in Washington with donors, including private task, but they are, needless to say, not able to government and and an EU office in Belgium, and individuals; A These measures have also contributed univocally set an agenda for change in Arab international agency funds as revealed by the name, it to the fact that Islamic feminist states that are formally sovereign and whose targets primarily lawyers but leadership since independence have insist- also other Muslim women organizations are challenging gender discriminatory Islamic jurisprudence ed on the origin of their family laws in divine and men, in the US and regulations. However, some developments at global and national levels. beyond; constitute openings for Islamic feminist influ- ence. the Oslo Coalition WLUML In a transnational social movement approach, Recently, in Lebanon, a group of feminists, on Freedom of Women Living Under Muslim Law (www.wluml.org) although the scaling up – or in more accurate terms “the Family Rights Network” managed to take Religion or Belief a secular and international solidarity organization shares – shift or transfer to a transnational context, a small step towards more gender justice in (https://www.jus.uio.no/smr/ some of the approaches to Islamic family laws with the bridging to local grassroots, and campaigning the Muslim family, when they successfully organizations already mentioned, e.g. the observation that | Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism english/about/programmes/ Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism and advocacy are strategies generally applied pushed for rising the age of custody for chil- oslocoalition/) - is a network Islamic family laws are diverse, and therefore man-made. by the international NGOs (INGOs) that work dren of divorced mothers who are regulated of scholars on religion and WLUML supports women who live under Muslim laws in systematically for the aims of the movement, by the Sunni Muslim family code (one of 15 in 12 religious institutions, hosted all kinds of societies in order to strengthen their rights. Its 13 as steps towards extending effectiveness and Lebanon). The issue was strategically chosen by University of Oslo and main office is in London with regional offices in Pakistan influence (Yanacopolus 2015). These mea- since the age of custody is not mentioned in funded by the Norwegian and Senegal, and since its Foundation in 1984 funders are sures have also contributed to the fact that Is- the Qur’an demonstrating an awareness of government multiple. lamic feminist organizations are challenging the contentious nature of Qur’anic interpre- gender discriminatory Islamic jurisprudence tations in the local setting, as discussed in Viewed as a whole, a majority of the organi- Transnational networks include Western at global and national levels. the paper by Maghribi & Mahklouf. However, zations are collaborating with donors located governments, Western aid agencies, West- by the same token, this incident indicates the in the US or Western Europe and moreover in ern-based NGOs and contractors, UN agen- The trickling down of norms from global to presence of a potential for further pursuit of considerable distance from Arab countries. cies, Iraqi and Palestinian official bodies and national and local levels is not a smooth pro- inequalities in the Sunni family code of Leba- diaspora activists…. cess and does not always succeed. Research non by local norm translators, while building In accordance with observations from Iraq (Al-Ali & Pratt, 2009: 256) on the norms expressed in human rights have on Islamic feminist knowledge. and Palestine – demonstrated that a change of norms requires With the reservation that war and conflict, actors who interpret and adapt norms accept- Aims and strategies of Islamic feminist Transnational networks include as discussed by Al-Ali and Pratt, tend to in- ed at international levels to national and local organizations Western governments, Western aid crease Western interference, feminist NGOs contexts, i.e. norm translators. This is often a A number of strategies are applied and agencies, Western-based NGOs and in the Arab region involved in transnational task performed by local NGOs (Zwingel 2016, numerous activities and projects have been networks may not only be promoters of wo- contractors, UN agencies, Iraqi and Merry 2006). The assumption of a smooth applied by transnational Islamic feminist men’s rights. In spaces of engagement they Palestinian official bodies and transfer signified by the metaphor of ‘trick- organizations to disseminate knowledge to need to adapt to the formats and constella- diaspora activists… ling-down’ is modified by this need for ‘norm relevant actors about the gender egalitar- tions of funding and collaboration, and risk (Al-Ali & Pratt, 2009: 256) translators’, and the one-way direction of in- ian Islamic norms in the Qur’an and other to become ‘conduits of neo-liberalism’ (Al- fluence indicated is more directly challenged, Islamic scriptures. International NGOs are Ali & Pratt, Ibid.) or of other normative particularly in the case of Morocco, where political spaces that foster particular ways to frameworks engage the public, and particular strategies Among Islamic feminists, scaling up occurs two terms, Musawah collected stories of 55 for their ability to influence in national con- of advocacy, relative to the normative mis- in, roughly, three ways; either 1., individuals women in 9 countries and published them, texts. The ‘beneficiaries’ or the ones who in sions of the INGO, and they are dependent on otherwise active in national organizations addressing local actors and giving them ad- their everyday lives have to handle the prob- available avenues for funding. The table in ap- initiate organizations that operate in trans- vice on how to build egalitarian relationships lem that the organization is addressing do pendix (see p. 17) summarizes the aims and national contexts (examples are founders of (Musawah 2016). Other organizations, includ- not differ significantly between the organiza- means of major transnational organizations Musawah) or 2., individual activists within ing WLUML (2006) and the Oslo Coalition for tions; with the exception that WLUML tend to reinterpreting Islamic scriptures and promot- national frameworks participate in activities Freedom of Religion or Belief (Mir-Hosseini, prioritize minority women as beneficiaries. ing gender equality in Muslim societies. The organized by transnational organizations, or Moe, Vogt and Larsen, 2009) have similar- Apart from this, the selected organizations aims of the selected organizations are rang- ly built knowledge and published strong and address Muslim women generally, although ing from gender equality in the Muslim family, In this project, Musawah insightful scholarly work that question clas- there clearly is e.g. a social class dimension to the promotion of Muslim women as agents commissioned expert scholars to sical Islamic exegesis and taken-for-granted affecting the ways and extent to which a gi- of change, and freedom of religion or belief. truths about legal power asymmetries in the ven family law regulates Muslim families. write papers that investigated and Muslim family. Training in Muslim women’s Mu-sawah, WISE, WLUML, and KARAMAH Three of the organizations included in the challenged meanings of qiwamah rights is offered to activists and legal actors rely on women’s experiences to document mapping have been founded by a single activ- in Islamic jurisprudence - authority, by e.g. KARAMAH and Musawah in several the need for law reform, but it is far from the ist, and established between 2004 and 2009, a responsibility, and wilayah, national contexts. Musawah has organized only source of authority that they bring for- relatively short span of years, whereas KARA- guardianship. conferences and meetings with local actors, ward in their advocacy. In addition, they rely MAH and WLUML both date back earlier. This e.g. institutions of higher religious learning, on the Islamic principle ijtihad – the principle timing may indicate a momentum around the of independent reasoning – and on the au- millennium created by new approaches to 3., organizations active in national activities Musawah, WISE, WLUML, and thority of Islamic exegesis, on human rights gender equality within an Islamic framework, supplement them with activities in transna- Karamah rely on the Islamic principle and on international law. Further, particularly and new spaces of engagement emerging tional contexts (KARAMAH). Malaysian Sis- ijtihad – the principle of independent Musawah, KARAMAH and Oslo Coalition give during the ‘war on terror’. Following the 9/11 ters in Islam was already engaged in activities reasoning – and on the authority of authority to scholarly hermeneutic methods, attack in New York, Western funds and gov- with transnational WLUML before some of the Islamic exegesis, on human rights and whereas the authority presented by WLUML | Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism ernments attempted to stimulate dialogue in members became engaged in the initiation of on international law. arguments derives from international law and Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism order to promote a ‘moderate Islam’ (Salime Musawah (Al-Sammah 2012). This indicates human rights, rather than Islam. Karamah 14 2007, Mahmood 2008). The business model of an on-going exchange in diverse contexts and draws on authority within legal frameworks 15 the organizations comes into question, since on different scales. of international law and ‘gender-equited’ Is- it depends on funding from donors as well as feminist research networks or women’s NGOs lamic jurisprudence, maintaining that there individual donations. The risk that govern- Knowledge-building is a core activity of Is- in Morocco, Egypt, and Lebanon, and beyond. is no contradiction. The sources of authority ments involved in the war on terror use Is- lamic feminist organizations (Al-Sharmani of each organization are in other words mul- 2014). Thus, Musawah conducted a know- Islamic feminist organizations have firm tiple; emphasis varies, with human rights and Some scholar-activists initiate their ledge-building project 2010-2015, which now social media strategies and their websites other secular legal framework at one pole, activism in transnational contexts, constitutes a resource for advocacy and cam- constitute resources for information and and Islam or the Qur’an at the other. but more typically a scaling up of the paigning, enabling the organization to trans- knowledge on Islam and women’s rights. activism from a national framework to fer its message about gender equality with- Each organization is nevertheless framing On the website of Musawah, the organization a transnational takes place. in Islam to collaborators, beneficiaries and its cause and mission in particular ways. is reaching out to local organizations in need supporters. In this project, Musawah com- Differences in emphasis and approaches or of knowledge and tools to confront gender missioned expert scholars to write papers framing contests between Islamic feminist unequal family laws. Musawah’s ‘ambassa- that investigated and challenged meanings organizations indicate that they, just like dors’ are local allies of Musawah who may lamic femimnism for their own purposes may of qiwamah in Islamic jurisprudence - au- other actors in the fields of religion, must support local organizations to carry out the however in the eyes of some seem as a lesser thority, responsibility, and wilayah, guardian- “operate in a competitive religious market- work of translation and adjusting of gender evil compared with the inequality that women ship. Together the two terms constitute “the place of ideas” and that the framing of their equality as a norm for regulating the family. endure in their families (Abu-Lughod 2013). DNA of Islamic family laws” and their cur- cause needs to appeal to targeted audiences Similarly, WISE is gathering so-called WISE Some scholar-activists initiate their activism rent interpretations are obstacles to reform (Wiktorowicz 2004: 162). Consequently, the women from around the globe, i.e. women in transnational contexts, but more typically that enhance gender equality (Mir-Hosseini way that organizations appeal to authority in Muslim leaders, by listing them on the WISE a scaling up of the activism from a national 2015). Documenting the problems generat- their campaigning and advocacy (or in the way homepage, but it is not clear if connecting to framework to a transnational takes place. ed by long-standing interpretations of the that they frame their message) is significant these figures amounts to a bridging and le- gitimacy in the context of particular societies, initial private funding as the exception). This Recommendations in which women experience inequality in their gives reason for caution. As mentioned, in the Attention to social, political and economic acter of the issue that goes right to the core of families. eyes of critics, Islamic feminist organizations structures at national and local levels sus- power hierarchies. Increasing the impact of have entered spaces of engagement that are taining inequality in Muslim families is a core Islamic feminist knowledge in local settings In Geneva, at the Higher Council of Human motivated by ‘the war on terror’ and de-rad- task to adjusting gender equality as an Islam- could nevertheless be further sustained by a Rights, Musawah is a reviewer of the per- icalization strategies, intending to “shape ic norm to local societies, but hardly enough number of initiatives. formance of states that operate with Islamic the hearts and minds of Muslims”, based on to effect change, due to the politicized char- family laws vis-á-vis the Convention on Elim- general presumptions about Muslims as par- ination of all Discrimination Against Women ticularly prone to radicalism (Mahmood 2008, • Commit to gender equality in the Muslim family as a (CEDAW), and particularly Article 16 that re- Abu-Lughod 2013) often regarded as unjus- Arab governments transnational policy issue fers to equality within the family. Apart from tified interference, these collaborations risk have generally been • Instead of leaving the initiation of spaces of formulating critique in these reviews, the or- hamper the influence of Islamic feminism. reluctant, if not directly engagement on this issue to US or Western European ganization is avoiding interfering directly with opposing transnational governments and funds, e.g. Arab Ministries of Justice law reform or law formulation of any state Islamic feminist Disseminating Gender equality as an should invite Islamic feminists and their transnational or national society. Instead, as one of the knowledge. Islamic norm networks, Islamic scholars and judiciaries to dialogical founders, Ziba Mir-Hosseini, has pinpointed5, These governments Transnational networks are specific, call- hearings and seminars Musawah expects local organizations to de- should: ing for their spatial conceptualization as • Importantly, these spaces of engagement should velop their own national or local movement. ‘spaces of engagement’ and as political within include transnational Islamic feminism by emphasizing This strategy secures local anchorage and is particular contexts. The knowledge-building, it as knowledge, thus disconnect it from the divisions of advantageous in a situation of local hostility bridging, advocacy and campaigning of these domestic politics, particularly the polarization between towards foreign or transnational direct inter- networks give authority to independent Islam- conservatives and reformers ference. As discussed in the paper by Soliman ic exegesis and scholarly methods combined and Abdel Ghany, there is evidence that local with international norms of human rights, and women’s organizations are not ready to con- depend on a business model, where funding Transnational • Organizing collaborative spaces so as to encourage | Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism front fiqh or family law legislators with argu- from sometimes powerful donors are crucial. Islamic feminist norm translation, or norm exchanges; local ments deriving from Islamic feminist knowl- networks organizations are in a core position to translate and 16 edge in order to promote gender equality Family laws in Arab countries tend to be focus operate in ‘spaces of adapt norms deriving from transnational Islamic 17 within the family. of political attention, and are deeply ingrained engagement’ where feminism, and should be deliberately positioned as in political and economic structures. A so- considerable support mediators ...there is evidence that local women’s cial movement perspective clarifies that the derives from US or West • Empowering local norm translators: Islamic feminist organizations are not ready to confront study of local appropriations of Islamic femi- European governments or individuals and NGOs are potential norm translators. fiqh or family law legislators with nist reinterpretations of religious norms with funds. Influence on reform INGOs of Islamic feminists that have relatively strong arguments deriving from Islamic a potential to influence Arab jurisprudence is processes in a national links to the Arab region should make resources feminist knowledge in order to not just a study of how gender equality as an framework depends on available to local actors, and organize training in Islamic feminist knowledge, all aiding local actors to in fact promote gender equality within the Islamic norm is ‘trickling down’ from trans- institutions and INGOs or assuming this task. family. national levels and ‘received’ in local settings. donors... It is more particularly a study of how these • Further attention to power asymmetries in transnational norms are emerging, resisted, challenged and feminist networks; collaboration between INGOs and Given the diverse specific aims of the select- adapted in these contexts. When approaching local NGOs of Islamic feminism should mirror the ed organizations, spanning from establish- transnational Islamic feminist networks and salient position of local actors, enabling them to be self- ing a Muslim women’s Council to solidarity organizations as one actor among a range of aware as mediators, and to act accordingly with minority women in Muslim majority so- actors seeking influence on norms affecting • Considering local perceptions of authoritative cieties, to research and reinterpretation of power structures in the family, norm knowledge in campaigning and advocacy: the appeal Islam’s holy scriptures in a perspective that transla-tion and adjustment to local settings to authority that Islamic feminist organizations and emphasizes Islam’s spirit of equality, it is emerge as points of attention. Particular networks make in the way that they frame their noteworthy that the major funders of all or- formations in spaces of engagement message is significant for their ability to gain popular ganizations derive from US or West Europe- matters; they dis-courage or encourage support for gender equality in the family; an governments or funds (with KARAMAH’s local appropriations of new norms. • Increasing insights into what is considered authorized knowledge in local settings, and adjusting campaigning and advocacy accordingly.

5 Skype interview by author February 2019 References

Abu-Lughod, Lila, 2013: Journal of Middle Eastern Studies, vol. 45: Mir-Hosseini, Z., 2015: Muslim Legal Tradi- London: Routledge Do Muslim Women Need Saving? Cambridge, 731-749 tion and the Challenge of Equality. Mir-Hos- Massachusetts: Harvard University Press seini, Z., Al-Sharmani, M., and Rumminger, Wiktorowicz, Quintin, 2004: Keck, Margaret E. & Kathryn Sikkink, 1999: J., eds.: Islamic activism. A Social Movement Theory Al-Ali, Nadje & Nicola Pratt, eds., 2009: Transnational Advocacy Networks in Inter- Men in Charge? Rethinking Authority in Approach. Bloomington: Indiana University Women and War in the Middle East. London: national and Regional Politcs. International Muslim Legal Tradition. London: Oneworld Press

| Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism Zed Books Social Science Journal, no. 159. Maden, MA: Publications: 13-43 Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism UNESCO & Blackwell Publishers. Women Living Under Muslim Laws 18 Al-Hibri, Azizah, 1982: Musawah, 2016: Women’s Stories, Women’s (WLUML), 2006: 19 A study of Islamic Herstory: Or how did we Krause, Wanda, 2012: Civil Society and Lives. Male Authority in Muslim Contexts. Knowing Our Rights: Women, Family, Laws ever get into this mess? Women’s Studies In- Women Activists in the Middle East. London: Malaysia: Musawah, available at: and Customs in the Muslim World, available ternational Forum, Vol. 5, No. 2, pp. 207-219 I.B Taurus https://www.musawah.org/resources/wom- at: http://www.wluml.org/sites/wluml.org/ ens-stories-womens-lives-male-authori- files/import/english/pubs/pdf/knowing%20 Al-Samman, Hanadi, 2012: Mahmood, Saba, 2008: ty-in-muslim-contexts/ our%20rights/kor_2006_en.pdf, accessed North American Women’s Movements and Feminsm, Democracy and Empire: Islam and 14th June 2018 the Politics of Islamic Feminine Hermeneu- the War on Terror. In Scott, J.W., ed.: Pruzan-Jørgensen, Julie, 2012: tics. In Arenfeldt, Pernille & Nawar S. Golley, Women’s Studies on the Edge. Durham, N.C: Islamic women’s activism in the Arab world. Yanacopolus, Helen, 2015: eds.: Mapping Arab Women’s Movements: A Duke University Press Potentials and challenges for external International NGO Engagement, Advocacy, Century of Transformation from within. Cairo actors. DIIS Report 2012: 2, available at: Activism. The Faces and Spaces of Change. & New York: American University in Cairo Merry, Sally Engle, 2006: https://www.diis.dk/files/media/publica- London: Palgrave Macmillan Press Human Rights and Gender Violence: Trans- tions/import/extra/rp2012-02-islamic-wom- lating International Law into Local Justice. ens-activism_web_1.pdf Zwingel, Susanne, 2016: Al-Sharmani, Mulki, 2014: Chicago: Chicago University Press. Translating International Women’s Human Islamic feminism. National and Transnation- Salime, Zakia, 2007: The War on Terrorism: Rights. The CEDAW Convention in Context, al Perspectives. Approaching Religion, Vol. 4, Mir-Hosseini, Z., Moe, C., Vogt, K., and Appropriation and Subversion by Moroccan London: Palgrave Macmillan No. 2: 83-94 Larsen, L. (2013); Gender and Equality in Women. Signs Journal of Women in Culture Muslim Family Law: and Society Volume 33(1):1-24 Clark, Janine and Bassel Salloukh, 2013: Justice and Ethics in the Islamic Legal Elite Strategies, civil society, and sectarian Tradition. London: I.B Taurus Sharify-Funk, Meena, 2008: identities in post-war Lebanon. International Encountering the Transnational. Women, Islam and the Politics of Interpretation. Appendix

*Organization Musawah WLUML WISE Karamah Oslo Coalition and type Research and advocacy Solidarity and advocacy Faith-based development Research-based women Dissemination network of network network organization lawyers’ association researchers, stakeholders, and NGOs

Year 2006 (launched in 2009) 1984 2006 1993 2004

Aim Gender equality in the Bridging identities, Promotion of Muslim Dignity for all, gender Promote freedom of Muslim family solidarity/protecttion of women as agents of change equality religion or belief worldwide marginalized women in Muslim majority

Founder Zainah Anwar, Ziba Mir- Marie Aimee Hélie Lucas Daisy Khan Azizah Al-Hibri Norwegian Centre for | Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism Hosseini, Azza Soliman Human Rights, University Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism of Oslo 20 21

Supported by Ford Foundation, Norwegian Urgent Action FLOW, The Dutch Foreign Ministry and Al-Hibri Charitable Fund, US Norwegian Foreign Foreign Ministry, UN Channel Foundation, Hivos, a host of other Western Dept of Justice, etc. Ministry Women, etc. Wallace Global Fund, govern-ments and funds Funderbirds etc.

Audiences and Activists, governments, Muslim women and women Muslim women leaders Muslim (women) lawyers Religious leaders, policy beneficiaries Islamic scholars, jurists and of religious minorities in globally and leaders, Muslim women makers, stakeholders and judges, Muslim families Muslim majority countries in the US and beyond advocates of reform

Prioritized Women’s experiences; Women’s experiences, Islam and human rights Gender-equited Islamic Scholarly methods, authority in ijtihad and hermeneutical International law – human jurisprudence international norms of framing tools, the overall value of rights gender equality equality in the Quran, human rights

*) Sources of information are websites of the organizations, Al-Samman 2012, Moghadam 1995, Abu-Lughod 2013, Mir-Hosseini et al 2015 The 2004 Moroccan family law (Moudawana): A homegrown Islamic feminism with potential to grow

Fatima Outaleb and Fatima Sadiqi The 2004 Introduction first version of the Moudawana (promulgated In the following decade, the 1990s, more and The 2004 Moudawana reforms are designed in 1957-58) and called for more progressive more women’s feminist associations start- Moroccan within an Islamic framework that has been reform. Rhouni (2010: 204) states in this re- ed to seriously engage in public demands historically initiated and gradually developed gard: for the reform of the Moudawana. Salient family law by feminist academics (MoulayRchid 1981, among these is UAF which organized and led (Moudawana): Mernissi 1984), modernist religious scholars “[MoulayR’Chid and Khamlichi’s] assessment the 1992 One Million Signatures Campaign (Khamlichi 1981), and feminist NGOs (Asso- criticizes the law’s exclusive reference to the to reform the Moudawana. The influence ex- a homegrown ciation Démocratique des Femmes Maro- Maliki school and its closure to other schools tended to some political parties, especially Islamic caines- Democratic Association of Moroc- whose jurisprudence may be more progres- the Union Socialiste des Forces Populaires can women – known as ADFM) and Union de sive. This is the case, for instance, of the – Socialist Union of Political Forces – known feminism with l’Action Féminine – Union of Feminine Ac- Hanafi school, which abolishes the institution as USFP and the Parti du Progréset Social- otential to tion – known as UAF). The Islamic feminism of marital guardianship. The two scholars isme, Progress and Socialism Party – known p nature of the Moudawana – the Moroccan also denounce the refusal of the Moudawana as PPS, hence impacting political will in the grow family law - has also been recognized outside creators to incorporate progressive readings face of mounting political Islam in Morocco Morocco (Badran 2002, among others). dealing directly with the two sources of legis- (Sadiqi 2014). This influence was enhanced lation, the Qur’an and the Sunna (the Prophet’s by the weight of prominent religious scholars Fatima Outaleb and Fatima Sadiqi As early as 1981, Fatima Mernissi, a femi- tradition mainly based on the Hadith), without like Ahmed Khamlichi and Ahmed Abbadi and nist academic, created a research group that automatically going through fiqh teachings. other scholars from the High Council of Ula- included male jurists and religious schol- They call for taking social context into consid- ma, a religious organization that advises the ars (Ulama) with the aim of reforming the eration and criticize the orthodoxy’s refusal to king as “Commander of the Faithful” in mat- Moudawana within the framework of a mod- accept the intervention of the social sciences, ters of Moudawana reforms. ernist Islam (Rhouni 2010). She also cre- which explains the Moudawana’s clear alien- ated in the same year “Woman, Family and ation from the changing social reality.” It is in this sense that it is ‘homegrown’, and Child”, another multidisciplinary research the fact that women’s associations and fem- | Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism group with the aim of researching the situa- According to Rhouni (2010), it was inist politicians hailed the 2004 reforms as Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism tion of women, children and family in Morocco the involvement of progressive male “revolutionary” attest to its historical context 24 (Ibid). The latter group also included influen- elites that occasioned Mernissi’s (and as a unifying process that brought together 25 tial male religious scholars and jurists, and we would add Morocco’s) shift from a academics, religious scholars, activists and politicians. The May 2003 terrorist attacks in also targeting the reform of the Moudawa- purely secularist to a modernist and na within a progressive Islamic framework. Casablanca and the fear of terrorism world- Islamic take on feminism. Both groups resulted in publications such as wide in the eve of the twenty-first century only the book series “Approches” (Approaches) to accelerated a reformist process that started which prominent male and female academ- as early as 1981 and is still continuing. ics, jurists, and religious leaders contribut- A few years later, in 1987, Mernissi wrote “The ed. Another feminist collective, Femmes Ma- Veil and the Male Elite”, where she clear- This historical development accounts for the rocaines Citoyennes de Demain (Moroccan ly locates Moroccan feminist thought within Islamic feminist nature of the 2004 Moudawa- Women Citizens of Tomorrow), followed with the Qur’anic discourse. According to Rhouni na. For example, by using progressive ijtihad the same goals in 1992 (Rhouni 2010). (2010), it was the involvement of progressive (interpretational efforts of the two sources male elites that occasioned Mernissi’s (and of Islamic law: the Qur’an and Hadith for the In addition to Mernissi, MoulayR’Chid, an aca- we would add Morocco’s) shift from a purely sake of reform), terms like ‘equality’ and ‘jus- demic and jurist, defended a doctoral thesis in secularist to a modernist and Islamic take on tice’, the language of the Moudawana relates 1981, which came to be acknowledged as the feminism. This shift attracted the attention to transnational Islamic feminism, which is first Moroccan academic thesis to underline of transnational Islamic feminists and femi- generally defined as both knowledge and a the importance of reforming the Moudawana nist groups like Musawah– for equality in the strategy that seeks to establish equality in the on the basis of equality and within an Islam- Muslim family, which made a point of inviting Arab family laws (Mir-Hosseini 2015, see also ic framework. Furthermore, he and Ahmed Mernissi and other Moroccan scholars and Christiansen’s paper). Indeed, within a Mo- Khamlichi, a prominent religious scholar, activists to its launch in 2009. roccan national framework, the Moudawana published a study where they criticized the as an equality-based text has become central

6 The adopted Maliki school version of law was approved by the Ulama (religious scholars). at the level of the grassroots in the sense de- inism worldwide and an increasing ease of ty-one interviews with four types of actors in scribed by Al-Sharmani for the case of Egypt communication, positioning the Moudawa- the Moroccan reform-linked context: schol- (2014); at the grassroots level most local na and demands for more legal rights at an ars, activists, lawyers, and politicians. Our associations, including the Berber feminist interesting intersection between national central concern in this brief is to underline ones, place the Moudawana center stage in and transnational Islamic feminisms. For the homegrown Islamic feminism nature of discussions of women’s legal rights, (Ennaji instance, topics such as equality in inheri- the 2004 reforms. We consider the implemen- Equality between spouses 2013, Sadiqi 2016). Another Islamic feminism tation of the law a separate matter, although feature of the Moudawana is its relation to While secular voices consider Islamic it is clearly just as important. • Legal age of marriage: 18 for citizenship (Benradi et al. 2006) and wom- feminism a reflection of conservative both sexes. en’s rights and feminisms in general (Sadiqi political views that resist progressive The brief forms part of a project that seeks to • Legal responsibility: both 2008); it is also related to gender dynamics reform, conservatives, especially Isla- understand what may increase the influence spouses are legally heads of the and Moroccan women’s understanding of mist politicians, consider “feminism” of transnational Islamic feminism on reform family. feminism (Gray 2012) and to social norms and (whether Islamic or not) a ‘Western’ processes of Islamic family laws in selected • Equality in rights and duties: patriarchy (Sadiqi 2019a). At the intellectual import. Arab countries. Morocco is one of the three abolition of the right of level, the Moudawana is related to the equal- countries selected; Lebanon and Egypt the obedience in return for the ity-based debates that have pitted conserva- other two (see Christiansen’s paper or http:// economic support (qiwamah). tives against modernists in Morocco (Sadiqi iwsaw.lau.edu.lb/development-projects/re- • N o tutorship ( wilayah) for «ma- 2019b). tance, early marriage, wilayah (male guard- search/carnegie-project.php). jors» (18 years of age) women. ianship over women), polygamy, and shared • Severe constraints on polygamy, In the aftermath of 2004 and with the advent property between spouses are rekindling the rendering it almost impossible. of the so-called Arab Spring in 2011, secular feminists’ 1980s and 1990s demands amidst The 2004 Moudawana reforms: • Repudiation and divorce in the and Islamic feminist discourses such as the growing interest in transnational Islam- A brief genesis hands of the judge, who also ones that call for equality in inheritance con- ic feminism associations like Musawah and The Moudawana reforms evolved around handles 3 types of divorce: tinued to call for progressive ijtihad. However, Women Living Under Muslim Law (WLUML). three main axes: equality between spous- consensual, compensation | Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism the source and nature of Qur’anic text inter- In this overall context, we ask the following es, family equilibrium, and the protection of (khula’), and shiqaq pretation is still subject to heated debates question: To what extent can the Moudawana children (Benradi, AlamiM’Chichi, Ounnir, (cohabitation impossible). 26 between secular and Islamist political wings be impacted by and/or impact transnational Mouaqit, Boukaïssi, and Zeidguy, 2007). This • Boys and girls choose parent to 27 as they increasingly intersect with ‘Islamic Islamic feminism? This is a pressing question law reform was accompanied by the estab- live with at 15. feminism’, which espouses equality-based for a policy paper because the potential for lishment of family courts by the Ministry of • Grandchildren from the interpretations. While secular voices consider transnational Islamic feminism is a serious Justice, as well as the training of judges and daughter inherit in the same Islamic feminism a reflection of conservative avenue of research to be explored. Whether magistrates. However, substantive issues way as grandchildren from the political views that resist progressive reform, opposed or embraced, this potential is forcing such as polygamy and inheritance remained son. conservatives, especially Islamist politicians, itself and may gain momentum if the search unresolved and have ever since continued to • Sharing of accumulated consider “feminism” (whether Islamic or not) for an overarching reform of Islam garners be real issues of contention (a daughter still porperty and benefits garnered a ‘Western’ import. more appeal. In the long run, an adoption of inherits half of what her brother inherits) and during marriage. this type of Islamic feminism may bridge the polygamy does not seem to be topical on the However, women obtained additional rights historically persistent gap between the secu- grounds that the scored legal reforms were including cultural rights in the reformed lar and the religious in Morocco and perhaps considered already significant, especially that 2011 constitution during the Arab Spring the region (Mir-Hosseini, personal communi- the implementation of Moudawana faced re- moment as Berber (now in official language cation). sistance among judges (Sadiqi and Ennaji, ‘Amazigh’) became an official language. The 2006). space of feminist voices became more versa- To address this issue, our policy brief is struc- Family Equilibrium tile as Berber feminists started to emerge in tured into two main sections: (i) the role of In spite of these limitations, the three axes the public sphere prior to and after the 2011 secular and Islamic feminisms in the current of the Moudawana resulted in the following • The public Ministry automatical- turmoils in Morocco (Sadiqi 2014). and future dynamics of the 2004 reforms and legal breakthroughs reflecting the impact of ly intervenes in any application (ii) the possible avenues and potentials for Morocco’s homegrown Islamic feminism (See of the Family Law. These post-Arab Spring developments were influence by transnational Islamic feminism. the box). accompanied by a rise of transnational fem- The second section is partly based on twen- How did the 2004 reform come about? Islamic feminism in the Moroccan context dif- oppose law proposals against early marriage, In practice, the process of the Moudawana fers from female voices that operate within marital rape, and the amendments to the mar- • Establishment of Family Courts reform was initiated in 1993 by the Union de the Islamist political party Justice and Deve- riage rape law (a law that was subsequently throughout Morocco. l’Action Féminine - UAF’s One Million Signa- lopment (PJD) and the radical Islamist amended under pressure from civil society in • Reinforcement of means of tures Campaign to reform this law. This ini- associ- 2014). This position is, for example, espoused re-conciliation through family. tiative was immediately supported by secular The women belonging to the Islamist by Bassima Hakkaoui, who became Minister • Creation of a fund for family activists, proponents of the academic Islam- party view the Moudawana as a pos- of women’s issues in the 2011 Islamist-head- assistance. ic feminism described above, and Human itive change and as an achievement, ed government. Furthermore, these women • Recognition of Moroccan mar- Rights organizations. This general support do not recognize women’s wilayah (ability to riages contracted abroad ac- which guarantees the best interest of was enhanced by the then mounting conser- be their own guardians) to marry themselves cording to the legislations of the the child and the family unity including vative Islamist ideology (Sadiqi 2014). This ini- at the age of 18, and women’s right to claim host countries. joint responsibility of spouses. tiative was also strongly supported by the So- divorce and get divorced through the proce- cialists’ secular initiative, known as ‘The Plan dure called al-shiqaq (divorce on the grounds for integrating women in development’ and on incompatibility between the spouses). spearheaded by the then Minister of women’s ation Justice and Benevolence (JB). While the issues Mohamed Said Saadi. The fact that the PJD is a moderate Islamist party that oper- In sum, during the process leading to the Socialists led the government for the first ates within the monarchical system, the JB is Moudawana reform, local and specific wo- time in Moroccan history was a particularly a radical association that does not recognize men’s issues were addressed by various strong source of support that promoted the the authority of the king. Both the PJD and the stake-holders including feminists The protection of children necessity of the Moudawana reform. In 2002 JB have platforms for women who can resort (academics and activists), the state, and a Commission to reform the Moudawana was to them to reclaim rights from within Islam political parties, who all agreed on the • In the interest of children, the established, a move that was greatly acceler- albeit along the ideological guidelines of their amendment of the 2004 Family law; however right of the mother’s tutorship ated by the Casablanca terrorist attacks and party and association, respectively. For both divergence still emerg-es: whereas secular is not lifted if she remarries or the state’s backlash on the Islamists (Sadiqi groups of women, the biological difference actors seek reform re-garding marital rape

| Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism if her residence is far from the Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism Ibid). between men and women is the basis for their and early marriage, Is-lamists resist it and father’s. different social statuses and different rights; instead defend current laws on the grounds • The judge may alter the order This quickly developing process was also hence they target equity and complementarity that what happens inside the family is a 28 of the family members eligible 29 enhanced by the uninterrupted work of in- between the sexes, and not a liberal under- private matter that should not be exposed, to tutorship: the mother, the dividual feminist voices like those of Fatima standing of equality. The women of the PJD lest the family collapses. In such cases local father, the maternal grand- Mernissi and more recent voices like Asma and JB share other goals, among which the issues are addressed but Islamic feminist mother, etc. Lamrabet, the voices of secular feminists like following are salient: a strong position that knowledge, able to challenge such positions • The social status of the child Latifa Jbabdi who used Islamic arguments to Islam provides women with rights, an adher- as Islamic, is applied only superfi-cially; is taken into consideration at promote equality between the sexes, and the ence to the veil, and a tendency to consider hence the trickling down or application of the moment of divorce: decent voice of several male moderate Ulama such women as part of the family and prioritize the this knowledge in local settings is still not dwelling, standard of living as Ahmed Khamlichi and Ahmed Abbadi who best interest of the family, which according clear. This state of affairs is exacerbated by should be similar to that he/she highlight passages from the Qur’an and Had- to secular and Islamic feminists occults wo- a lack of endeavors to translate the norms of was leading before divorce. ith that promote women in public media and men’s individual rights. Preaching and academic Islamic feminism. Very few peo- • Recognition of paternity when conferences. These collective efforts were activism are the main channels that both ple understand the concepts of qiwamah and the child is conceived during accompanied by the state’s endeavour to en- groups of women use to disseminate their wilayah from a feminist or egalitarian per- courtsip (before the marriage is courage an equality-based version of Islam thoughts. spective, let alone agree that women who formalized). where women could participate in public re- The women belonging to the Islamist par- work may be said to have qiwamah, or au- • Provisions of the relevant inter- ligion as Murshidas (female religious guides) ty view the Moudawana as a positive change thority. There seems to be a clear limitation national agreements ratified by and as such preach moderate Islam (Ennaji and as an achievement, which guarantees of Islamic feminist knowledge in the reform Morocco are part of the Family 2013). Such state initiatives are referred to as the best interest of the child and the family process. Law. “state Islamic feminism” (Eddouada and Pe- unity including joint responsibility of spouses. The Post- 2011 Moment picelli 2010). Their position still differs from the position of In the post-2011 period, also called ‘post-Is- secular feminists as women from this party lamist’ era (Tripp 2019), political Islam has been weakening, and Berber activism has Recommendations been gaining in visibility in an overarching context where the Berber dimension instead of Islamism is used by the state to curb ex- First Third • Academic, legal, and activist actors need to pay more tremism (Ibid). We believe this last develop- attention to areas in which there is an opening for ment may well strengthen Islamic feminism • Homegrown Islamic feminism is Islamic feminism. For example, they need to encourage in Morocco and potentially open the door to central in dealing with the 2004 bridging the gap between the conservatives and gender equality as proposed by Moroccan ac- Moudawana reforms. This has modernists, as well as the secularists and Islamists, ademic and transnational Islamic feminism. precedence over external factors. in campaigns to further reform the Moudawana, The fact that law is based on notably regarding early marriage and marital rape. Here are a couple of indicators. First, some progressive ijtihad needs to be They also need to encourage the translation of Islamic Moroccan feminist activists, using social me- differentiated from demands of feminist knowledge and strategies to people who do dia such as Qandisha, heavily criticize the women’s rights as advanced by not seek such knowledge. Another way of doing this top-down Moudawana reforms and underline Islamist political parties in order is by creating channels of communication between the importance of bottom-up approaches as for key actors in Morocco, namely academics, universities, civil society, and Islamic the sole guarantor of collective and inclu- the activists, politicians, academics, feminists. For instance public hearings could be sive thinking towards implementing gender and practitioners to understand that organized to create an enabling environment. equality. progress (more individual rights) needs the collaborative work of the Some Berber feminist NGOs, such as Voix state (political will) and feminist • The promotion of Berber activism may weaken de la Femmes (Voice of Woman) or Thaziri civil society, including Islamic Fourth Islamism and serve as a drive to equality between (Moonlight), fight, among other social prob- feminists. This differentiation is the sexes and hence an increase in the influence of lems, Berber women’s legal illiteracy, giv- needed because there is resistance Islamic feminism. Research in this domain needs to be en their lack of access to standard Arabic in from parts of the Moroccan

| Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism promoted and sustained. Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism which the laws are couched, and underline population that will not accept an the importance of local understandings of le- Islamic framework simply because 30 gal equality (Sadiqi 2016). In interviews with it is associated with the policy ideas 31 these young Berber activists and academ- of Islamist parties. Fifth • Bridging the gap between all stakeholders through ics, Sadiqi noted their assertion that only public hearings will allow more debates of the Islam-tied feminism can mobilize collective concepts and discourse of Islamic feminism, in the action at the local level. This is due to the re- spirit of progressive ijtihad, and thereby disseminate markable role of Berber women as transmit- Second egalitarian understandings of gender relations in ters of Islamic knowledge, which is not only Muslim families. historical (Rausch 2006). • Local feminist activists need to be more acquainted with the However, research is still needed on knowledge production of both Sixth • Arguments from fiqh (Islamic jurisprudence) may whether the promotion of Berber rights in homegrown and transnational be packaged in Islamic feminist critique and used in itself is weakening Islamism in Morocco, and Islamic feminism, which remains campaigns fostering effective communication among on whether such a weakening also opens the scarcely recognized in Morocco. feminists in general and academics. This is crucial for door for Islamic feminism. legal or policy reform. References

Al-Sharmani, Mulki. 2014. Africa. London: I.B. Taurus. Sadiqi, Fatima, 2019a.: The Sources of the Family Law, and Social Change in Moroc- Islamic Feminism Transnational and national Patriarchy’s Public Authority in Morocco. In co. In Moghadam, V & Sadiqi, F. (eds.), Jour- reflections.Approaching Religion, Vol. 4, No. Khamlichi, A. & MoulayRchid, A., 1981: McKanders, K. (ed). Arabs at Home and in nal of Middle East Women’s Studies, Special 2: 83-94 https://helda.helsinki.fi//bitstream/ Moudawanat al-ahwal al-shakhssiaba’ the World: Human Rights, Gender Politics, Issue. vol. 2, no 2: 86–110. handle/10138/162143/1207.pdf?sequence=1 dakhamsata ‘asharasanatin min suduriha” and Identity. London: Routledge. [The Moudawana: Fifteen years after its Tripp, Ali Mari, 2019: Seeking Legitimay.

| Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism Badran, M., 2002: issue]. Al-Majalla al-maghribia li al-qanun- Sadiqi, Fatima, 2019b: The Center: A Theo- Why Arab Autocracies Adopt Women’s Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism What’s in a Name? American Research wa al-siyassawa al-iqtissad [The Moroccan retical Framework for Understanding Wom- Rights. London: Cambridge University. 32 Center & Al-Ahram Weekly Online, 569, magazine of law, politics, and economics], en’s Rights in Pre- and Post- Arab Spring 33 17-23 January 2002. no. 10: 128–53. North Africa. In Darhour, H. & Dahlrup, D. (eds). Double-Edged Politics on Women’s Benradi, M., Alami M’Chichi, H., Ounnir, A., Mir-Hosseini, Z., 2015: Muslim Legal Tradi- Rights in the MENA Region. Switzerland: Mouaqit, M., Boukaïssi, F., and Ziedguy, R., tion and the Challenge of Equality. Mir-Hos- Palgrave Macmillan. 2006: Le Code de la Famille. Perceptions et seini, Z., Al-Sharmani, M., and Rumminger, Pratique Judiciaire. Rabat: Friedrich Ebert J. (eds): Men in Charge? Rethinking Authority Sadiqi, Fatima, 2017: The Moroccan Feminist Stiftung. in Muslim Legal Tradition. London: Oneworld Movement (1946-2014). In Badri, B. & Tripp, Publications. A. (eds): Women’s Activism in Africa. London: Eddouada, S. & Pepicelli, R., 2010: Morocco: Zed Books. Towards an “Islamic State Feminism”. Cairn. MoulayRchid, A., 1991: La Femme et la info. loi au Maroc [Woman and law in Morocco]. Sadiqi, Fatima, 2016: Emerging Amazigh https://www.cairn.info/revue-critique-inter- Casablanca: Le Fennec. Feminist Non-governmental NGOs. Journal nationale-2010-1-page-87.htm. of Middle East Women’s Studies. 12(1): 122- Rausch, M. 2006: Ishelhin women trans- 125. Ennaji, Moha, 2013: Women and Religious mitters of Islamic knowledge and culture in Knowledge: Focus on Muslim Women Southwestern Morocco. In The Journal of Sadiqi, Fatima, 2008: The Central Role of the Preachers. In Sadiqi, F. (ed). Women and North African Studies, 11:2, 173-192, DOI: Family Law in the Moroccan Feminist Move- Knowleldge in the Mediterranean. London: 10.1080/13629380600704852 ment. The British Journal of Middle Eastern Routledge. Studies, vol. 35, no. 3: 325-337. Rhouni, R. 2010: Secular and Islamic Femi- Gray, Doris., 2013: Beyond Feminism and nist Critiques in the Work of Fatima Mernissi. Sadiqi, Fatima & Ennaji, M., 2006: The Femi- Islamism: Gender and Equality in North Leiden and Boston: Brill. nization of Public Space: Women’s Activism, Reforming the Egyptian Personal Status Laws. A case for Islamic feminism

Azza Soliman and Sara Abdel Ghany Reforming Introduction only in transforming the change-resistant http://iwsaw.lau.edu.lb/development-proj- The Personal Status Law (the family law Personal Status Law (the legal framework of ects/research/carnegie-project.php). the Egyptian code) of Egypt plays an essential role in defin- the private realms), but also more important- Personal Status ing, framing, and controlling socio-economic ly in weakening the foundation of a legal and The emergence and development of the relations and gender dynamics in the country. political system of injustice and violence. The Personal Status Law Laws. A case By delineating the framework of marriage, potential for substantial reform should be The Personal Status law, written in 1929, and for Islamic divorce, custody, and inheritance, through a Through a marriage contract, a based on a hierarchal medieval structure of rigid patriarchal hierarchy, the law husband is under the obligation to governance, has been controlling the modern feminism determines the rights and duties of citizens financially provide for his family, and lives of Egyptian women to the advantage of towards each other in their everyday life. in reciprocity he is obeyed by his wife men in the public and private spheres. Even The Law is based on the codification of and children though there have been many reforms, judi- Azza Soliman Islamic jurisprudence, mostly from the and Sara Abdel Ghany cial and legislative, they have only touched on Hanafi School of jurisprudence, on all issues the periphery of the structure of discrimina- related to marriage, divorce, inheritance, and viewed in relation to the historical emergence tion and violence, without eliminating the dis- child custody. Islamic jurisprudence, includ- of the Personal Status Law and its later de- crimination or violence itself. ing the Hanafi School, sustains a hierarchical velopment. regime of gendered spousal roles and rights The Personal Status Law was strategically to the advantage of the husband and the This policy brief uses gender legal excluded from the process of modernization father in the family. analysis to examine the Egyptian family code, and secularization of the law. With limited the Personal Status Laws, by referring to power and jurisdiction, the religious elite held The main conceptual principle for this the historical origins of the law, as well as tightly to its authority over family law. The rul- regime is based on the male inherent right to legislation itself, its modification, and schol- ing elite, in return, controlled this contentious guardianship and authority (wilayah and arly comments. With this focused gender-le- battle by preserving the patriarchal system qiwamah). Through a marriage contract, a gal analysis, we aim to demonstrate how of the family, and only cautiously limiting the | Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism husband is under the obligation to financially the legal system may be enhanced to bring absolute powers granted to men under that provide for his family, and in reciprocity he is gender equality and justice. By drawing on system, reforming only “the outer limits of 36 obeyed by his wife and children. Consequent- Holy Islamic texts, Islamic feminism can be the law”: 37 ly, the right of the husband to wifely obedi- a strong tool not only in transforming the ence (ta’a) is conditioned by his financial role change-resistant Personal Status Law (the “In order for family law to be legislatively in spousal maintenance, or nafaqa (Sharmani legal framework of the private sphere), but reformed, progressively interpreted by 2004: 13-14). Wifely obedience, or conjugal more importantly in weakening the foun- secular judges, or actively protected society, is when the wife “places, or offers to dation of the public/private dichotomy that by elite constitutional judges, the outer place, herself in the husband›s power so as to imprisons women in a distorted citizen- limits have to be convincingly defined for a allow him free access to herself at all lawful ship, paving the way for a more just soci- difficult-to-please religious audience. It is times” and “obeys all his lawful commands ety for all. Obviously, the legal focus means through making patriarchal pronouncements for the duration of marriage.” (Nasir 1998: that other areas that may be relevant for on the outer limits that the “reformer” gains 90). Also, as the financial obligation to provide policy-making, notably Egypt’s economic and legitimacy for his or her reforms in the eyes of falls solely on the husband, there are no com- social structures are given less attention. Our watchful religious contenders”. munal household assets: both the wife and recommendations therefore all relate to the (Abu-Odeh 2004) the husband retain individually their assets, legal sector, but involve non-legal actors, possessions, and properties. Finally, based such as parliamentarians. The paper forms Therefore, even though women were guaran- on the gendered system of guardianship part of a project that seeks to understand teed political and economic rights by the 1956 and obedience, husbands have the exclusive what may increase the influence of transna- Constitution, and were actively encouraged to rights to divorce, polygamy, and guardianship tional Islamic feminism on reform process- take part in the public life of the new welfare over the children (Abu-Odeh 2004). es of Islamic family laws in selected Arab state, 1920s family laws, which sustained a countries. Egypt is one of the three coun- medieval patriarchal system remained un- Islamic ethical concepts and hermeneutical tries selected; Lebanon and Morocco the changed. This anomalous legal/political sys- approaches, recently emphasized by Islamic other two (see Christiansen‘s paper, or tem was sustained for over six decades un- feminists, can however be a strong tool not

6 The adopted Maliki school version of law was approved by the Ulama (religious scholars). der different presidential systems. Egyptian on which the secular State cannot interfere, tus code. Another example, Huda Sha‘rawi (1879-1947), the pioneer who created a social presidents, with strikingly different political the State ensured the immunity of the private revolution in Egypt and the region, advocated in 1921 for the minimum age of marriage to ideologies. sphere from any changes in society. Further- be sixteen for girls, and eighteen for boys, as well as restricting men’s absolute powers of more, even though it only sought to change divorce. Furthermore, in 1923, Sha‘rawi established the Egyptian Feminist Union, which the “outer limits” of the patriarchal legal code advocated for women’s suffrage, reforms to personal status laws, and increased educa- The Egyptian State was able to construct a governing the private sphere, it established tional opportunities for girls and women.7 modern secular identity, while also preserv- its identity as the modernizer fighting against ing its patriarchal structure. By defining the the traditionalists and religious institutions • In 1926, at the peak of the religious reform movement, a committee of religious scholars, private realms as Islam, the sacred ground for women’s rights. mainly students of Sheikh Mohammad Abduh, came up with a set of recommendations. Interestingly, the Committee did not restrict itself to the four schools of Sunni Islamic jurisprudence, but borrowed from general jurisprudence what they regarded reflects the well-being of the family. Accordingly, the recommendations, which were based on the Qu- The history of change ran and Sunnah, did not completely comply with the existing jurisprudence. The recom- A number of attempts to reform Egypt’s Personal Status Law have been initiated since its mendations, which did not follow the four schools of Sunni Islam, however, were rejected, initial codification; however none of them succeeded in bringing gender justice to the system: and Law no. 25 of the year 1929 (the current Personal Status Law) included only the juris- prudence of the four schools, mostly borrowing from the Hanafi school of jurisprudence. • The calls for reform to jurisprudence re- Abduh’s writings and teachings of- garding personal status issues started fered a new vision to the definition of The following are examples of some of the recommendations that diverged from the in the beginning of the 20th century un- existing jurisprudence: the marriage institution, the connec- der an Islamic reformist movement. The movement was led by prominent political tion between husband and wife, and To restrict polygamy, the Committee demanded that the second marriage activists and Islamic ideologists, most their duties and obligations towards must be approved by a judge. The judge can only approve the second importantly Sheikh Mohammed Ab- one another. 1 marriage if the claimant can provide amiable marriage relationship with all duh - one of the key founders of Islamic his wives, and ensure they are financially supported.

| Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism Modernism. Abduh, the prominent jurist, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism scholar, and theologist, led the movement of Islamic modernism and reform in Egypt. Ab- The Committee demanded that the husband must abide by all the conditions 38 duh’s writings and teachings offered a new vision to the definition of the marriage institu- 2 stipulated by the wife upon entering a marriage contract, including the right 39 tion, the connection between husband and wife, and their duties and obligations towards to demand the husband does not marry another. one another. Regarding the definition of marriage, for example, he opposed the idea that the marriage contract reflects a man’s ownership of a woman sexually. He stated that the idea of marriage in Islam is the most civilized concept that ever existed, as it reflects the The Committee gave the right to divorce to the wife for any damage caused by Quranic principles of mercy, compassion, affection, and tranquility. Abduh also opposed 3 the marriage. polygamy as it is against what he argued to be the constituting condition placed in the Quranic text for marriage (and polygamy),which is justice (Abu-Zayed 2018).

• In 1915, a committee of senior religious scholars, representing the four schools of Sun- • The Personal Status Law was not influenced by either the Islamic Modernism Movement ni Islamic jurisprudence (Hanafi, Maliki, Shafii, and Hanbali), was established to create or the Feminist Movement, and was strategically sacrificed by the State-led Modernization a family code. The Committee hoped to extract the jurisprudence, from any of the four Movement. In Egypt’s era of modernization, during the second half of the nineteenth centu- schools, which represented the well-being of society, and is compatible with modern so- ry, the state abandoned the Islamic legal system for a modern and secular legal code. The ciety. It succeeded in producing a list according to the criterion. However, the Committee’s Egyptian family law code, however, was not part of the newly secularized law, even though work was heavily criticized by the judges, lawyers, and Islamic jurisprudence experts, and it was an essential component in its construction. In order to appease an audience skep- never got the chance to produce a family code (Abu Zahra 1995). tical of the Europeanization and secularization of the law, modernists abandoned family law from the new secularized legal code. Lama Abu Odeh states that family law historically • In addition to Islamic Modernism, Egyptian scholars and activists led the feminist move- presented “the limit of, the exception to, or the sacrificial lamb of secularization” (Abu ment in the region. The feminist movement, like the Islamic Modernism Movement, advo- Odeh 2004). Similarly, Talal Asad describes family law as “the expression of a secular for- cated for better personal status jurisprudence for women. For example, Malak Hifni Nasif mula, defining a place in which ‘religion’ is allowed to make its public appearance through 8 (1886-1918), Egyptian feminist, and Islamic modernist and writer, was vocal against the state law”. The public appearance of religion through the Egyptian Personal Status Laws injustice of the divorce and polygyny systems, and called for the reform of the personal sta- ensured legislators the confinement of religion to the private realms. Accordingly, the de-

7 See for instance Hawkins 2018. 8 See Ellen McLarney, “Women’s Equality: Constitution and Revolutions in Egypt,” in Women and Gender in Middle East Politics, POMEPS, vol. 6 ,2016 ,19 (accessed 10 September 2018). Legal reforms to the sign and construction of the Egyptian legal One of the most important, and most controversial, articles introduced Hanafi-based personal status law framework was grounded on a clear distinc- 1 is Article 20 on non-fault based divorce (khul). Consistent with Islamic have aimed to cautiously limit the tion between the public, the embodiment of jurisprudence, khul divorce allows women the right to divorce without periphery of men’s absolute powers the state’s identity of modernity and secular- grounds, and without the consent of either the husband or the judge, in under the jurisdiction. ization, and the private, the state’s giveaway exchange of returning dowry to the husband, and giving up all post-divorce to the traditional and the religious. financial rights.

• Legal reforms to the Hanafi-based personal status law have aimed to cautiously limit the Another important addition by the law is Article 17. The law grants women, periphery of men’s absolute powers under the jurisdiction. For example, in contrast to the 2 who were under unregistered marriage (urfi), the right to seek divorce. Prior denial of women’s right to divorce according to the Hanafi school, Law 25 of 1929 allows to the law, the women under urfi marriages had no access to justice, in all women to be granted divorce if they prove that the marriage, or the husband, is causing issues related to marriage including spousal maintenance, alimony, and them harm impossible for them to tolerate, and if they have failed to prove harm, but con- inheritance. tinuously demanded divorce, Law 100 of 1985 demands judges to divorce them. Similarly, the Hanafi categorization of working women as “disobedient” is challenged under law, by • In the same year, Personal Status Law No. 10 was passed. The law introduced new family providing that she is only “disobedient” if her work is an “abuse of right”, “contrary to the courts. “The thought behind the new courts is to empower disputants to determine their interests of the family”, and her husband asked her not to work. Furthermore, in 1967, the contentions through lawful instruments that are non-ill-disposed, family-accommodating, practice of using the police to enforce obedience judgments, by forcefully returning women economical and productive.” (Al-Sharmani 2017: 33-34) who chose to leave their marital home, was abolished. However, obedience itself remains a legal duty that wives owe their husbands in exchange for their “maintenance”. With these • Also in the same year, Personal Status Law No. 11, was passed which created the reformers, the law ensured the sustainment of a gendered structure in favor of men, and Family Security Fund. The role of the fund is to provide spousal and child maintenance to only curtailing what is considered an “excess of the transactional deal of maintenance for vulnerable plaintiffs, as well as take the responsibility of collecting maintenance, as per obedience” and its vile consequences on the lives of women (Abu Odeh 2004). court order, from husbands and fathers.

• The new millennium introduced a series of interconnected procedural laws that were the • In 2005, Personal Status Law No. 4 was passed. This law gives divorced women the right | Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism result of a long advocacy process by a coalition of diverse actors. The laws were formulat- of custody to her children until the age of 15. Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism ed by three different groups, and in its priorities each group was relating to its own main 40 agenda: One was that of the pioneer of the Family Court idea, Lawyer Laila Takla, who had • In 2000, the Ministry of Justice produced a new marriage contract with marked blanks, 41 a vision of establishing a therapeutic, problem solving, and family-friendly justice system which allows couples to put their conditions for the marriage contractually. based on a global model. The other agenda was that of a coalition of professional wo- men who were pursuing (through a top-down, state-centered advocacy) gender-reform in • In the absence of gender-based reforms “The thought behind the new courts is the family domain by lobbying for a series of new personal status laws. And thirdly, there provisions in the substantive personal sta- to empower disputants to determine was the agenda of state institutions, driven by the goals of development and governance tus laws regulating family domain, neither their contentions through lawful in- (Al-Sharmani 2017: 38-39) the new courts system nor the new laws struments that are non-ill-disposed, succeeded in bringing gender justice to family-accommodating, economical the system.10 The new millennium reform • On the 26th of January 2000, the Egyptian parliament adopted the Personal Status Law and productive.” No.1 of 2000, “The Law for Reorganization of Certain Terms and Procedures of Litigation efforts, which focused only on procedural in Personal Status Matters”. 9 The law was procedural, designed to make the procedures not substantive or conceptual framework of Personal Status Law cases more efficient, and consequently minimizing the time and of the hierarchal system, were part of the long strategy by the Egyptian state concerning financial resources spent by litigants (mostly women). The Law did not deviate from the reforming family law to preserve the status quo. The adapted strategy attempts to curtail expected jurisprudence, or offer substantive change, and accordingly did not meet the ex- the conspicuously brutal aspects of husband and father power without dismantling the pectations of those waiting for change for so long. However, it did introduce significant hierarchy between the spouses or between father and daughter. articles, including:

10 See Al-Sharmani’ analysis on the failure of the laws of the 2000s and the new courts in producing either their intended goals or bringing greater gender justice to the system: Al-Sharmani 2017, pp.146-144 ,142-141 ,110-108. See Human Rights Watch’s report 9 The Law for Reorganization of Certain Terms and Procedures of Litigation in Personal Status Matters”, Personal Status Law No. on the limitation of Khul in bringing equality in divorce: “Divorced from Justice: Women’s Unequal Access to Divorce in Egypt.” 2000( 1). See Al-Sharmani 34-33 :2017 for an excellent summary of the Law, and the laws that followed in 2000s. Human Rights Watch, December November 2004 ,30, vol. 16, No. 8(E), 24-23.(accessed 10 September 2018). https://www.hrw.org/ report/30/11/2004/divorced-justice/womens-unequal-access-divorce-egypt. Substantive Reform: The Case for between the reform of religious discourse/ about – actually relates to the core of power in and themes…can be applied to both political Islamic Feminism knowledge and the reform of gender norms society at a broader level. Since the family is tyranny and patriarchal injustice directed at Egypt has a rich history of activism that has rights. This linkage isparticularl y relevant the basic unit of society, only if there is justice women.” utilized an Islamic conceptual framework in not only for the goal of the substantive reform and democracy within the family can you pos- (Abou Bakr 2015: 200-201) challenging the gender framework of the pri- of the existing fiqh-based family law but also sibly have justice and democracy in the wider vate constituted by traditional Islamic juris- for the reform of socio-religious norms that society. In other words, the key to democra- Abou Bakr references the work of Amina prudence. In this section, we will argue that shape gender relations and rights in the tizing the whole society is to democratize its Wadud, philosopher and another pioneer of this rich history of Islamic modernism (which lives of individual women and men." basic unit, the family, and for this legal reform Islamic feminism, on the Islamic concept of includes all activism using Islam as a concep- (Al-Sharmani 2017: 160-161) is crucial. tawhid, uniqueness of God in Islam, in erasing tual framework for change) can be utilized to- patriarchy, and a cornerstone in formulating day and built upon through the work of Islam- Egyptian NGO activists started to articu- The agenda of gender justice, shifting in gender justice and equality under an Islam- ic feminists. late a reformative discourse, based on both accordance with the political leadership ic framework of action. In accordance with their understanding of the Quran and human in Egypt, calls for the need for an ethical Wadud, “the overarching concept tawhid, or As outlined in the history of change section, rights, after witnessing the suffering that the feminist movement to bring justice for all. This the uniqueness of Allah, forms a trajectory Islamic modernism in Egypt, created through Personal Status Law has caused women and ethical feminist movement stands against organizing Islamic social, economic, moral, the activism and legacy of Mohammed Abduh, families. The resulting discourse is a positive institutional patriarchy and political oppor- spiritual, and political systems.” (Ibid.) has challenged the understanding of marital change in challenging the governing jurispru- tunism and authoritarianism, and speaks to relationships in traditional Islamic jurispru- dence. Conversely, its lack of coherence is due the poor, marginalized, and disempowered The concept of tawhid, in addition to other dence, and the exercise of this jurisprudence firstly, to the absence of clarity regarding how women (Abou Bakr 2015). Islamic feminism Islamic concepts and themes emphasized on family life. Abduh invoked Islamic princi- this discourse relates to relevant places in the can according to Omaima Abou Bakr consti- by Islamic feminists, can be utilized in ples, mercy, compassion, affection, tranquil- Quran, which leaves many methodological tute this ethical movement, and she invokes, deconstructing the nexus between patriarchal ity, and justice, to be the defining framework and epistemological questions unanswered, like Mohammed Abduh, the principles of Is- public-private concepts, like men’s wilayah of a marital relationship. and secondly, to the simultaneous use of both lam to be defining elements for change: and qiwamah over women. With their Furthermore, the Egyptian feminist move- the human rights’ concept of equality and the innovative approach to Holy Islamic texts, | Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism jurisprudence’s concept of equity (Sharafel- The agenda of gender justice, shifting Islamic feminism can be a strong tool not Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism Abduh invoked Islamic principles, din 2015). in accordance with the political only in transforming the change-resistant 42 mercy, compassion, affection, leadership in Egypt, calls for the need Personal Status Law (the legal framework of 43 the private sphere), but also more important- tranquility, and justice, to be the These gaps in the discourse can be addressed for an “ethical” feminist movement to by Islamic feminism. This feminism, the work ly in weakening the foundation of a legal and defining framework of a marital bring justice for all. relationship. of Muslim women scholars from across the political system of injustice and violence. globe, comprises of scholarship “that criti- cally revisit and unpack dominant religious ment has long used an Islamic framework interpretations that are patriarchal and dis- to advocate for gender justice. For example, criminatory against women, and aim to pro- “An Islamic feminist vision is able to underline Malak Hifni Nasif (1886-1918) established one duce new knowledge that makes the case for the convergence of both theological and po- of the founding discourses of feminism that gender equality and justice from within an Is- litical authoritarian patriarchy through con- emerged in Egypt and the region. Nasif advo- lamic paradigm.” (Al-Sharmani 2014: 89). ceptualizing and invoking specific, relevant, cated the advancement of girls and women, ethical tenets: resisting all forms of zulm from de-colonial, anti-Western, and Islamic Even though many of these scholars have (injustice), istikbar (pride), and baghy/tugh- angles (Yousef 2011). The same reform was focused on bringing greater gender justice ian (transgression) for the pursuit of a holistic adopted by activists of this century. In Shar- in Muslim family laws, the creators of this ‘adl (justice). These are more than simply the mani’s analysis of these various attempts of knowledge see their work as a transformative equivalent Arabic words for these meanings, the 2000s reforms and the actors who adopt- justice movement for all. Ziba Mir-Hosseini, as the systematic recurring of each in spe- ed an array of reformative Islamic discours- scholar and one of the pioneers of Islamic cific moral contexts throughout the Qur’an es, the importance of these discourses is ex- feminism, stated: forms together a thematic and conceptual plained: "…the significance of these actors cluster of an Islamic ethos and imperative. and their efforts lay in their making visible- I think the issue of gender relations within the … the above-mentioned Qur’anic concepts in a more vibrant and consistent way- the family – which is what personal laws are all linkage

8 See Ellen McLarney, “Women’s Equality: Constitution and Revolutions in Egypt,” in Women and Gender in Middle East Politics, POMEPS, vol. 6 ,2016 ,19 (accessed 10 September 2018). Recommendations In close collaboration with Egypt’s civil society

The Egyptian • These laws should be derived from the legalization The Ministries of • Increase social awareness on the necessity of building Parliament of philosophy and principles of Islamic feminism of Education, Culture a new marriage model based on equality and true equality and justice and should regard women as is recommended to assign and Al Azhar partnership, instead of qiwamah, wilaya and ta’a, the legislative committee citizens in this country who are equal to men in legal based on the principles of the Constitution, human are recommended to: in the parliament to positions. rights, and Islamic feminism. propose a draft law for the personal status and • Call for a drastic review of the legal vision that is based • Based on the rich knowledge of Islamic feminism, to include it on the legal on the concepts of qiwamah and wilayah and making open a dialogue on this new marriage model with agenda of the parliament. use of the knowledge and information that has been different sectors of society, particularly Al Azhar, civil At the same time, there presented by experts and Islamic feminist institutions. society, legislators, and the judiciary, while ensuring should be hearing appropriate representation of disadvantaged groups. sessions for the initiatives • Include Islamic feminists – scholars and activists - in and the organizations that the building of a real partnership with the human and are working on changing women’s rights Egyptian community to elaborate a the law, as well as vision of the law and draft its texts. creating a social dialogue through the media. | Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism The legal and justice system 44 is recommended to conduct comprehensive revision of jurisprudence of Personal 45 Status Law cases in compliance with the principles and philosophy of Islamic feminism.

The legal and • Members of the Family Courts’ judiciary, as well as the justice system Prosecutors who consult the Court, and other Court is also recommended to personnel, who provide legal, social, and psychological train justice providers assistance to claimants. and work on Family Court cases, in order to • The forensic division, particularly those who are eliminate gender bias responsible for cases of domestic and sexual violence. when handling Family Court cases, under the • The police force, particularly those who are responsible framework of Islamic for cases of domestic and sexual violence, custody, and feminism. The trainings child abduction. should include: • Any specialized law enforcement task force, which enforces Family Court cases decisions. References | Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism

Abou-Bakr, Omaima, 2015: Islamic Al-Sharmani, Mulki, 2014: Islamic Femi- Z., Al-Sharmani, M. & R. Rummiger, eds.: 46 Feminism and the Equivocation of Political nism: Transnational and National reflections. Men in Charge? Rethinking Legal Authority 47 Engagement: ‘Fair is Foul, and Foul is Fair.’ Approaching Religion, 4 (2) in Muslim Legal Tradition, London: Oneworld in El Said, Meari, & Nicola Pratt (eds), Publications, 2015, 167-168 Rethinking Gender in Revolutions and Al-Sharmani, Mulki, 2017: Gender Justice Resistance: Lessons from the Arab World. and Legal Reform in Egypt: Negotiating Sikand, Yoginger, 2010: Interview with Ziba London: Zed Books Muslim Family Law. Cairo: The American Mir-Hosseini Qantara, 2010. https://en.qa- University in Cairo Press. ntara.de/content/interview-with-ziba-mir- Abu Odeh, Lama, 2004: Modernizing Muslim hosseini-we-need-to-rethink-old-dogmas. Family Laws: The Case of Egypt, Vanderbilt Hawkins, Kat, 2018: Huda Shaarawi: Journal of Transitional Justice, vol. 37: 1102- Egyptian Feminist who Started a Yousef, Hoda, 2011: Malak Hifni Nasif: Nego- 1112 Revolution, BBC, July 18, 2018. https://www. tiations of a Feminist Agenda between the bbc.co.uk/news/av/world-africa-44814874/ European and the Colonial. Journal of Middle Abu Zahra, Muhammad, 1995: Al-Ahwal huda-shaarawi-egyptian-feminist-who-start- East Women›s Studies (2011) 7 (1): 70-89. Al-Shakhsiyyah [Personal Status Law], Cairo: ed-a-revolution https://doi.org/10.2979/jmiddeastwom- Islam Kotob, 1995, 10-11. stud.2011.7.1.70 Nasir, Jamal J., 1990: The Islamic Law of Abu Zayed, Haytham, 2018: Fatwai El Imam Personal Status London; Boston: Graham & El Egtmeia (2) [The Imam’s Social Fatwas Trotman (2)] Aswat, June 13, 2018. http://aswatonline. Sharafeldin, Marwa, 2015: Islamic Law فتاوى-اإلمام-االجتماعية-للمرأة-في-/com/2018/06/13 -Meets Human Rights: Reformulating Qi ./انت-2 wamah and Wilayah for Personal Status Law Reform Advocacy in Egypt. In Mir-Hosseini, Family law reform in Lebanon: A strategic role for Islamic feminism

Reem Maghribi and Youmna Makhlouf Family law Introduction activists have in recent decades made signif- Though not yet strategically utilized in Lebanon, like most Arab countries, dele- icant attempts to produce interpretations of Lebanon, transnational Islamic femi- reform in gates authority in matters relating to what is Islam’s holy book, the Quran, that comple- nism may prove effective in address- Lebanon: A referred to as “personal status” to religious ment gender equality and dispel the notion ing some of the objections hindering courts. Almost all of the over four million that feminist principles and Islam are incom- family law reform that are normally strategic role Lebanese residing in Lebanon are officially patible. This hermeneutic approach has given expounded by religious authorities, rise to the phrase “Islamic feminism,” which affiliated to one of eighteen religious sects such as those deriving from a neces- for Islamic recognized by the state and are thus subject is used hereafter to refer to the application sity to respect religious identities and feminism to one of fifteen personal status laws (PSL, of Quranic interpretation to support calls for often also referred to family laws). These gender equality. values and protect “the family unit”. laws underpin issues related to marriage and Reem Maghribi and its consequences, such as divorce and custo- This policy brief forms part of a project that Youmna Makhlouf ist groups in different Arab countries – is evi- dy and also, in the case of Muslim commu- seeks to understand what may increase the dent, suggesting a willingness among Leba- nities, inheritance. By defining the role, re- influence of transnational Islamic feminism nese actors to be influenced by the strategies sponsibilities and rights of men and women on reform processes of Islamic family laws in and successes of different reformists pursu- entering into marriage PSLs and the religious selected Arab countries. Lebanon is one of the ing the same agenda. This was highlighted courts that adjudicate on all matters related three countries selected; Egypt and Morocco in the summer of 2017 when, in the space of to them have the power to greatly influence the other two (see the brief by Christiansen, two months and following coordination be- the gender dynamics of a country. Lebanon’s or http://iwsaw.lau.edu.lb/development-proj- tween reform groups in different countries, patriarchal and discriminatory laws, both civil ects/research/carnegie-project.php). Though laws that protected rapists from prosecution and personal status, have been described as some reform initiatives in Lebanon have chal- should they marry their victims were repealed contributing to violence against women and lenged patriarchal interpretations, the contri- in Tunisia, Jordan and Lebanon. positioning them as second-class citizens. bution of Islamic feminism remains limited. In fact, reformists have not made use of the Though not yet strategically utilized in Le- | Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism Quran or hermeneutics in their work in Leb- Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism While inequality between men and women is banon, transnational Islamic feminism may present in PSLs across the Arab world, the anon except when it comes to the issue of prove effective in addressing some of the ob- 50 religious diversity of Lebanon’s population custody (hadana), which is governed under jections hindering family law reform that are 51 and its many PSLs differentiate it from other family law. In assessing what impact Islam- normally expounded by religious authorities, countries. In Lebanon, inequality is not only ic feminism has or could have on family law such as those deriving from a necessity to present between men and women, but also reform, this brief includes a review of various respect religious identities and values and Lebanon’s patriarchal and approaches initiated by the different women protect “the family unit”. It may also serve to groups in Lebanon to determine the extent discriminatory laws, both civil and counter presuppositions and arguments that to which those strategies relied on Islamic personal status, have been described gender equality is a Western concept incom- fe-minism. It further considers the obstacles patible with Middle Eastern cultures. This as contributing to violence against that currently hinder family law reform and women and positioning them as conclusion is based on an assessment of the the role transnational Islamic feminism may Lebanese power structure and attitudes of second-class citizens. play in overcoming them. some reformists, and not on observations of the use of gender-equal interpretations and between women of different religious sects. Transnational Islamic feminism and the approaches to the Islamic concepts of wilayah This has complicated the feminist agenda and Lebanese reform process (guardianship) and qiwamah (stewardship) by led to a lack of synchrony and strategy, with Transnational Islamic feminist groups such stakeholders in Lebanon, of which there are different groups calling for very different ap- as “Musaswah - for Equality in the Muslim few. proaches to pushing for gender equality. At- Family” have engaged with some Lebanese tempts at reforming family law in Lebanon – organizations through knowledge workshops, The intersection between civil and religious over which there have been many over several but there is little evidence of a trickling down authorities in the political and legal power- decades - have faced several obstacles. They of their knowledge outputs to activist groups bases that dominate family law in Lebanon include monolithic patriarchal interpretations and reformist lobbying efforts. That said, the requires that multiple stakeholders be ad- of religious texts. A number of scholars and impact of trickling across – between reform-

6 The adopted Maliki school version of law was approved by the Ulama (religious scholars). dressed in any attempt at reform. This policy of those who marry (and divorce) in Lebanon, Quran. They believed that this strategy would Arguments put forward in both paper therefore concludes with recommenda- legislation does in fact exist that would allow avoid the need for argument over interpre- secular and religious initiatives tions addressed to different groups of stake- for the development of a sixteenth code for tation and be more likely to lead to change, have hardly, if at all, taken into holders on how they may engage with Islamic those who choose to remove their sect from which indeed it did some years later. consideration alternative feminism strategically to advance family law their official identification records. Such a interpretations of the Quran. reform specifically and gender equality more code has however not yet been written, de- Secular and religious initiatives broadly. In so doing, this brief considers the spite various campaigns pushing for an op- For many years, feminist movements in the criminal code.11 This strategy of demand- historical use and potential mobilization of tional civil code, which itself is but one of a Lebanon have been predominantly secular, ing the development and adoption of civil laws Islamic feminism by advocates of family law number of strategic approaches adopted by engaging in approaches stressing the neces- that pertain to issues normally under the pur- reform and gender equality in Lebanon and champions of family law reform. sity of adopting secular family laws in order view of family laws is continually opposed and more pertinently considers the potential for to achieve gender equality (Ghamroun 2013). interfered with by religious authorities, even such an approach in countering the argu- While fifteen different religious family In fact, the secular and feminist movements in civil and political arenas where they have ments invoked in opposition of such reform. codes govern the lives of those who in Lebanon have been heavily mutually reli- no official status. marry (and divorce) in Lebanon, legis- ant, with both highlighting the incompatibility General Overview lation does in fact exist that would al- of sectarianism and gender equality. Indeed, Their ability to amputate provisions from Lebanon is characterized by its low for the development of a sixteenth most visible feminist movements have de- the domestic violence law related to gen- legislative and judicial pluralism pertaining code for those who choose to remove manded the introduction of a civil family law, der-based violence that were deemed incom- 10 to family law. This pluralism translates from their sect from their official identifica- be it mandatory or optional. patible with religious family laws - among the recognition by the state of the religious tion records. which the criminalization of marital rape and historical communities’ jurisdiction in This positioning has implications for legal de- coercion to marriage (Najm 2012) - has thus matters related to personal status, which mands, since the violence against Lebanese far neutralized further attempts towards the derives from article 9 of the Constitution women in their families and their environ- adoption of a civil marriage law. (Decree number 60 L.R. dated 13 March 1936): The religious and pluralistic legislative and ment is perceived as violence by religious law “There shall be absolute freedom of judicial system adopted in Lebanon has in- itself. It is therefore the abolition of the legal

| Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism Initiatives led by secular movements do not Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism fluenced the strategic approach adopted by conscience. The state in rendering homage to and judicial autonomy of religious communi- rely on Islamic feminism as they derive from many champions of gender equality who de- the Most High shall respect all religions and ties in family matters, guaranteed by Article an understanding according to which gender nounce religious PSLs and argue that they are 52 creeds and guarantees, under its protection, 9 of the Lebanese Constitution of 1926, that equality may only be achieved through sec- 53 part of or contribute to a patriarchal system the free exercise of all religious rites provid- is required, or its neutralization through the ular laws. Nevertheless, in 2015, faced with where gender equality is sacrificed in favor ed that public order is not disturbed. It also creation of a civil and optional family law that fierce opposition from Lebanon’s Sunni au- of an equality among religious communities guarantees that the personal status and reli- would be added to existing religious laws. The thority Dar al Fatwa to the adoption of a do- (Gannagé 2003). gious interests of the population, to whatever protest has therefore often been expressed mestic violence law, the National Coalition religious sect they belong, is respected.” only from outside the system, with no nota- for the Protection of Women from Family Vio- Mobilizations in favor of gender equality in ble results since half a century of mobiliza- lence issued a press release in which they re- family laws have developed within the above In this regard, the pluralistic system of fam- tions has failed to undermine the monopoly of ferred to a hadith by the Prophet Mohammad. described context. Two main approaches have ily law is viewed as an extension of religious the family’s religious laws or their The coalition used the quote - “Only a man of been observed: A secular approach aiming freedom and is therefore connected to the provisions, despite some victories in other noble character will honor women, and only at the promulgation by the state of civil laws preservation of collective identities (Gannagé areas of ci-vii l law such as commercial or criminal law. a man of base intentions will dishonor them” protecting women’s rights; and a religious ap- 2013). Though legal scholars argue that the (Ghamroun 2013, p. 205-206) – in a bid to emphasize compatibility, indeed proach that seeks reform within existing reli- promulgation of a unified civil family law (ap- complementarity, between Islam and the gious laws. Historically, Islamic feminism has plicable to all citizens) would guarantee re- Despite their visibility and public presence, fight against gender-based violence.12 ligious freedom (Gannagé 2003, Najm 2003), not played a central role in either approach. such movements have not yet succeeded in Arguments put forward in both secular and it is also argued that the abolition of the re- their demands for a civil marriage law but That was not the first time Islam and religious religious initiatives have hardly, if at all, taken ligious communities’ jurisdiction over family were still able to lead fruitful campaigns per- authority had been utilized to strengthen calls into consideration alternative interpretations matters contradicts the Constitution and that taining to the adoption of a “domestic violence for gender justice. Earlier, in 2013, the NGO of the Quran. Those who in 2006 chose to only an optional, not a unified, civil family law” – which passed in May 2014 following a Abaad (https://www.abaad.mena.org/) initi- start a campaign for reform within the Sunni law may be promulgated by the legislator to mass rally led by the staunchly secular orga- ated group discussions attended by religious PSL strategically chose custody as their fo- that effect (Gannagé 2003). While fifteen dif- nization KAFA https://www.kafa.org.lb/en - leaders and representatives that resulted in ferent religious family codes govern the lives cal point because of a lack of reference in the and the amendments of certain provisions of

10 For a description of these initiatives: Rita Stephan, “Four Waves of Lebanese Feminism, 7th November, 2014, retrieved from https://www.e-ir.info/07/11/2014/four-waves-of-lebanese-feminism/; 11 Law number 162 dated 17th August, 2011 repealing article 562 of the criminal code and law number 53 dated 15th of September, 2017 repealing article 522 of the criminal code. 12 Statement issued on the 29th of June, 2011 retrieved from https://www.kafa.org.lb/ar/node/23. the development of “a manual detailing dif- father notwithstanding the absence of male Islamic feminism a desire to engage, if not Though Islam and the authorities who ferent approaches civil society organizations children. appropriate, religious discourses, arguments claim guardianship over the religion working on women’s issues can use to en- As for the Shi’a community, though based on Quranic interpretations and the and its teachings may have been gage religious leaders in combating GBV and no amendments have been made to the need to follow a “gender-just hermeneutic utilized in some campaigns and calls ending violence against women”.13 current religious legal frame, a national Quran exegesis” (Schröter 2017) are still re- for reform, the actual interpretation campaign to raise the age of the stricted and have only addressed the absence Two years earlier, in 2011, the Sunni family of scripture (in the case of hadana) and not of Islamic texts – the foundation for law was amended following a five-year cam- “Our strategy was to start with what the interpretation of it. Islamic feminism – has not. paign by a feminist group that identify them- was possible and then get to the more selves as “the Family Rights Network”, led by difficult issues, such as inheritance”, The evident willingness to engage in reform Dar El Fatwa, the Sunni court, has repeatedly activist lawyer Iqbal Doughan. The group was explained Doughan in an interview. from within, solicit the support of religious stated that calls for an optional civil marriage able to gain the support of religious authori- authorities and reference the Quran suggests law represent an insidious attempt to impose ties and as a result, under Sunni family law, that future campaigns may embrace a strate- Western values that would lead to the de- mothers now have custody of their children hadana – named “Protecting Lebanese gy based on interpretation. As Lebanese legal struction of the family. In 2013, Mufti Qabbani until the age of 12, up from the age of 7 for Women” - emerged in 2013, which led to at sociologist Samer Ghamroun (2013, p. 210) issued a Fatwa according to which: boys and 9 for girls. Interpretation of religious least one judgement by a religious court explains regarding the Family Rights Network texts was not however part of the strategy as granting a mother custody of her children campaign: “Any Muslim with legal or executive there is no mention of custody in the Quran. It despite them being above the legal age. authority in Lebanon who supports the legal- is in fact for this reason that the group chose Within the context of the campaign, some “The reasoning in the face of Sunni religious ization of civil marriage is an apostate and to focus their efforts on hadana knowing that members invoked a fatwa issued by authorities takes place entirely within the nor- outside the religion of Islam considering that it would be less controversial and challenging Shi’a cleric Sayyed Mohammad Hussein mative and discursive Sunni religious frame- «There are predators lurking among us, try- than other issues: “Our strategy was to start Fadlallah that challenged the monopoly of work, to the surprise of religious leaders who ing to sow the bacteria of civil marriage in with what was possible and then get to the religious interpretation since the gate of have been until then exposed to rather secu- Lebanon, but they should know that the re- more difficult issues, such as inheritance”, ijtihad is still open (Hamdan 2017). lar criticism. The reasoning is not new, but its ligious scholars will not hesitate to do their 16 | Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism explained Head of Legal Agenda Doughan in However, in a statement issued in 2016, specificity lies first in its surprisingly effective duty»”. Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism an interview.14 the Higher Shi’a council disregarded any translation within the legal balance of pow- 54 alternative interpretations than the er in the face of religious leaders. It extends The Higher Shi’a Council in 2013 also refused 55 Calls for reform to family law have also been Sistani Fatwa followed by the Jaafari, the above all outside the traditional patterns of Is- “the concept of civil marriage from a religious, present within the Druze and Shi’a religious Shi’a law in Lebanon courts and according to lamic feminism, for which religion is not what national, legal, and ethical perspective”. 17 communities, the two other Islamic sects which mothers should have custody of boys the exclusive interpretation of men has done with a personal status law in Lebanon. Mobi- until they reach the age of two and of girls un- to it. Instead of a reflection on what a religion Even the civil law against domestic violence lizations by women groups in the Druze com- til they reach the age of seven.15 This was later freed from its sexist readings would really be, was presented as a negative Western influ- munity for family law reforms were enhanced challenged by MP Inaya Ezzedine who in 2019 this is a pragmatic attempt to carefully dis- ence, with Dar El Fatwa suggesting it was in 2007. At the end of 2009, the Mazhabi coun- called for the reform of personal status laws mantle the discourse of sanctity erected as a “presented not to improve women’s status, cil for the Druze community (which gathers referencing a Quranic verse and stressing bulwark against the will of women to reform.” but rather to break up the family similar to among its members female participants) the fact that ijtihad is still open, allowing for Western ways which are foreign to our society and values”.18 established a committee in order to prepare interpretations favoring raising the hadana Cultural relativism and transnational a draft law (Berjis 2017). In August 2017, age and improving equality and justice. movement the parliament promulgated law number 58 This rhetoric has hindered advancement Champions of gender justice in Lebanon amending the Druze personal code of 1948 Though Islam and the authorities who claim regarding the adoption of a civil marriage often face a recurrent argument that pivots based on the draft law that had been previ- guardianship over the religion and its teach- code and hampered the domestic violence around religious communities’ claims for ously adopted by the Mazhabi council for the ings may have been utilized in some cam- law, which passed without including the exclusive jurisdiction over matters related to Druze community. The amendments includ- paigns and calls for reform, the actual in- criminalization of marital rape and coercion family law, the protection of religious iden- ed raising the legal hadana age to 14 for girls terpretation of Islamic texts – the foundation in marriage. Indeed, instead of criminalizing tities and the necessity to fight against the and 12 for boys. It also allowed daughters for Islamic feminism – has not. Though the marital rape, the law only punishes physical intrusion of Western values. to inherit the entire estate from a deceased various campaigns appear to share with harm induced in order to obtain one’s marital

13 “3 questions to Iqbal Doughan”, Legal agenda, 18th December, 2017, retrieved from 16 Fatwa issued on the 28th of January, 2013 retrieved from http://www.naharnet.com/stories/en/70066. http://legal-agenda.com/article.php?id=4113. 17 https://www.weeportal-lb.org/news/-51lebanese-support-civil-marriage-and-42-are-against-fatwa-issued-kabbani- 14 “Statement issued by the Higher Shiite Islamic Council in Lebanon: Respect for religions and putting an end to media chaos”, newspapers-arabic 8th of October , 2016, retrieved from: http://www.alarabi.press. 18 Dar al-Fatwa statement on the 23rd of June, 2011 published in the Daily Star retrieved from the following link: https://www. 15 Statement issued by the Higher Shiite Islamic Council in Lebanon: Respect for religions and putting an end to media chaos”, 8th dailystar.com.lb/News/Lebanon-News/2011/Jun-142000/23-dar-al-fatwa-rejects-draft-law-protecting-women-against- of October , 2016, retrieved from: http://www.alarabi.press. domestic-violence.ashx rights. Until the promulgation of the domestic Lebanese Women”, which referred to amend- and religious institutions. promulgated text (Saghieh 2018). violence law, the concept of “marital rights” ments in Iranian law.19 was never acknowledged. Even when promulgating civil laws, legisla- Finally, given the role played by civil society Women activists in Beirut are multiplying tors often refer to religious authorities that organizations in initiating family law reforms, Arguments suggesting that beliefs, values references to foreign legal practices and in- tend to interfere in the legislative process it is also necessary to address the multiple lo- and practices should be understood within terpretations without risking abandoning the even though such practice is denounced by cal and international CSOs. cultural contexts - referred to as cultural Sunni Muslim normative repertoire. The in- legal scholars as contrary to the constitution rela-tivism - efficiently block reform in terpretation of Sharia law by Moroccan or Tu- (Najm 2012, Salem 2000). This has been the national laws and influence Lebanon’s nisian legislators and family law reforms that case when the domestic violence law was international commitments. Lebanon has, have been adopted in recent years as a result submitted to parliament and it is currently based on cul-tural relativism, issued are thus invoked: if Sharia law is interpreted the case in the multiple draft laws that are reservations to arti-cle 9, paragraph 2 in a certain way in Tunisia or Egypt regard- being discussed pertaining to the adoption of (regarding granting equal rights to women ing the custody of the child, why would it not a bill to end child marriage (Allaw 2018). with men with respect to the nationality of be interpreted in the same way in Lebanon? their children) and article 16, paragraph 1 (Ghamroun 2013, p. 211) An assessment of the different women (regarding taking all appropriate measures groups associated with reforming family to eliminate discrimination against women in Conclusion laws shows that some approaches may all matters relating to marriage and family An assessment of the different women be inspired by Islamic feminism that relations) of the Convention on the groups associated with reforming family laws challenges the monolithic patriarchal Elimination of All Forms of Discrimination nterpretation of the law. against Women relating to personal status Indeed, instead of criminalizing issues, deeming their ratification of the con- marital rape, the law only punishes Similarly, religious initiatives led by vention problematic. physical harm induced in order to women groups have also relied on the sup- In the various periodic reports, Lebanon has obtain one’s marital rights. port of state actors and institutions, specifi- | Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism always stated that these reservations were cally legislators within parliament and po- Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism due to the pluralistic religious nature of litical leaders taking part in the discussions 56 Leba-nese family law, supporting the idea shows that some approaches may be inspired related to reform of religious legislations, 57 that these laws are incompatible with gender by Islamic feminism that challenges the equality. Islamic feminism – in so much as it monolithic patriarchal interpretation of the An assessment of the different provides for alternative readings of religious law. The recourse to such reasoning is still women groups associated with texts without promoting a disassociation of limited. To date it has only addressed the reforming family laws shows that religion from governance – may be key to ad- issue of the hadana, based on the fact that some approaches may be inspired by dressing this hurdle. Transnational Islamic there is no scriptural text pertaining to it. Islamic feminism that challenges the feminism not only provides well-considered monolithic patriarchal interpretation arguments that counter those presented by Making use of Islamic feminist thought and of the law. men who have been given religious authority references may however prove to be even by almost exclusively male politicians, it also more fruitful since a transnational feminist enables activists to invoke reforms undertak- Islamic approach may allow reformers to further highlighting the importance of en in neighboring or nearby states that are push for further amendments such as equal- addressing multiple stakeholders. culturally and religiously similar. ity within inheritance law and criminalizing child marriage. Given the role of the courts in the interpreta- Indeed, in the course of the campaign led by tion of the laws, it is essential to also involve the “the Family Rights Network”, the group A study of the current achievements reveals academics, judges and lawyers. In fact, when advocated for raising the age of custody by that any family law reform, whether through applying the domestic violence law, some invoking reform in other Arab countries that secular or religious channels, necessitates judges adopted an extensive academic and had been inspired by Sharia Islamic law. addressing different target stakeholders due legal interpretation of the concept of violence Among them was the campaign “Protecting to the interactions that exist between state offering remedies to the shortcomings of the

19 The PLW campaign Facebook post on the 2nd of June, 2019 Recommendations

To legislators and • Recognize the multiplicity of interpretations within To local and • Building coalitions of civil and religious women’s groups politicians: religious family laws and challenge the monolithic stand international is necessary for improving gender equality. Adopting an taken by religious authorities. When civil laws pertaining CSO’s: exclusively secular or religious approach to women’s to gender equality within the family are promulgated, rights may result in the exclusion of women who do not objections from religious authorities may be addressed by share the same secular or religious values. invoking alternative interpretations. • Local strategies may benefit from transnational feminist • Moreover, the existing constitutional legal framework Islamic networks and organizations in order to translate does not grant religious authorities exclusive jurisdiction gender-just Quranic interpretations into the religious and regarding family matters. As such, legislators and secular family related laws. As such, Islamic feminism politicians may push for family law reform and overcome can be seen as a bridge between those who work within obstacles related to religious values by referring to the a secular framework and those who hold dear their existence of multiple, possibly incompatible, religious religious values. interpretations, among which are Islamic feminist approaches towards gender equality. Parliamentary committees in charge of studying family law reforms may therefore take into consideration discussions with religious authorities, including Islamic feminists, but are not constitutionally bound by them, particularly if they do not present a single unified interpretation. | Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism

58 59 To religious • The idea that religion and gender equality are inherently authorities: incompatible may be addressed by recognizing the legitimacy of Islamic feminism that challenges patriarchal interpretations which translate into the existing religious family laws. Religious authorities in favor of family law reform can engage with and find support among Islamic feminist thought and leaders. The presence of women representatives within religious bodies would aid the process of reform further still.

To academics, • Judges and lawyers practicing within religious courts judges and must often deal with interpretation of texts – both legal lawyers: and religious. They may integrate a wider repertoire that includes Islamic feminist scholars and activists in cases brought up in front of religious courts. While lawyers and judges may utilize studies and Quranic interpretations that have been published by feminist academics, it would be beneficial if further studies were produced by lawyers and academics in Lebanon that focused on Lebanon and Lebanese laws and communities in particular. References

Allaw, Saada, 2018: The obsession with Hanan Hamdan, 2017: Lebanon’s moth- Schröter, Susanne, 2017: Islamic Feminism satisfying the sects hanging over the dome of ers see glint of hope in custody ruling, National and Transnational Dimensions. In J. the Parliament: the proposal to “marry mi- 27th of December 2017, retrieved from: Cesari and J. Casanova, eds.: Islam, gender nors” allows the exception at their request”, https://www.al-monitor.com/pulse/origi- and democracy, Oxford University Press, 8th of March 2018, retrieved from: http://le- nals/2017/12/lebanon-shiite-mothers-chil- p. 115-138 | Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism gal-agenda.com/article.php?id=4290. dren-custody-laws.html#ixzz5uJFxlVSg.

60 Berjis, Ilham, 2017: Women at the heart of Najm, Marie-Claude, 2004: For a unified civil 61 the Druze community decision-making: How family legislation in Lebanon. In Travaux et did women change the course of the move- Jours, n° 74, automne 2004 ment to amend the personal status law and its consequences?, 18th of December, 2017, Najm, Marie-Claude, 2012: The religious’ retrieved from: http://legal-agenda.com/arti- control over civil life and individual rights. cle.php?id=4112. The example of Lebanese law. In Mélanges en l’honneur de Marie-Stéphane Payet. Au- Gannagé, Léna: 2003: Religion and funda- delà des codes, Dalloz mental rights in Lebanese family law, in Droit et religion, colloque Cedroma, Bruylant Saghieh, Nizar, 2018: Interpreting Lebanon’s Law Against Domestic Violence: Gannagé, Pierre, 2013: Lebanese law in Jurisprudence as Legal Reform”, the face of diversity of communities and published on the 30th of June, 2014, cultures. In Au fil du temps, Études retrieved from: http://legal-agenda.com/en/ juridiques libanaises et proche-orientales, article.php?id=626&lang=en Presses de l’Université Saint-Joseph Salem, Jean, 2000: Overshadowing the Ghamroun, Samer, 2013: The law of the Constitutional order: Religion and Lebanese Sunni community seized by wom- Constitutionalism in Lebanon. In Droit et en. In Normes religieuses et genre, 2013: religion, colloque du Cedroma, Beyrouth 203 – 216 Brief bios of contributors

Connie Carøe Christiansen nizations (DANNER, FAR, ABAAD WILPF, UN- Azza Soliman researcher at the Faculty of Law at Saint Jo- FPA,UNDP ICAN), and part of many regional seph-University of Beirut. She is also a mem- Connie Carøe Christiansen, Ph.D., is Princi- networks. She has publications on GBV and Azza Soliman is an Egyptian lawyer and ber of the NGO Legal Agenda and an attorney pal Investigator in the collaborative research contributed to the elaboration and editing of women’s human rights defender. She is the at the Beirut Bar Association. project “Reform of Islamic Family Laws – a shelter training toolkits and briefs on wom- board president of the Center for Egyptian Transnational Social Movement Perspective”, en’s rights in MENA region. Women›s Legal Assistance (CEWLA Foun- Reem Maghribi and 2017-2019 visiting Associate Professor dation) that is a women’s rights organization

| Perspectives from Morocco, Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism at Arab Institute for Women/ School of Arts Fatima Sadiqi established in 1995. Azza Soliman has been Reem Maghribi is a communication and gen- Egypt and Lebanon Morocco, from laws | Perspectives family and Arab Islamic feminism and Sciences, Lebanese American University. working in the field of Human Rights and de- der specialist and managing director of the 62 Previously, she was an Associate Professor Fatima Sadiqi is Professor of Linguistics and velopment for more than 25 years and has pan-Arab NGO, Sharq.Org. A former jour- 63 at Roskilde University, Denmark, and Senior Gender Studies at the Sidi Mohammed Ben expertise as a trainer in the field of human nalist, Maghribi now focuses on the develop- Advisor at KVINFO, the Centre for informa- Abdellah University of Fez, and currently rights concepts, women›s human rights, and ment of media professionals and oral history tion and research on Gender in Copenhagen, teaching a course, “Gender, Politics and Soci- gender equality. She is also a co-founder of collections in the Arab world. Her research Denmark. She managed the 2009-2016 pro- ety”, at Al-Khawayne University in Ifrane, Mo- the Musawah movement (a global movement interests include human rights, the role of gramme of developing a Master Programme rocco. Her work focuses on women’s issues in of women and men who believe in enhan-cing women, and cultural heritage, and she has in International Development and Gender at modern North Africa, the Middle East, and the and protecting equality and justice within the presented on these topics at various academ- Sana’a University, Yemen. Mediterranean world. In June 2018, she was family and the community in addition to ic and political conferences in Europe, Africa, elected President of the Association for Mid- finding alternatives through developing new and Asia. As a communication consultant, she Fatima Outaleb dle East Women’s Studies – AMEWS. She is concepts for Islamic jurisprudence). Azza has worked with UN agencies, NGOs, and ac- author and editor of numerous volumes and Soliman won several international awards, ademic institutions in strategy development, Fatima Outaleb has over 27 years of expe- journal issues. including ‘Pedro de Lemonauria award for content production, and capacity building. rience in national and regional women’s is- the ethical commitment’, 2018, Spain, and sues with a special focus on gender main- Sara Abdel Ghany ‘Martine Anstett Prize Association’, 2018, streaming and women’s empowerment. She Switzerland. is a Union de Action Feminist Board of Direc- Sara Abdel Ghany has worked in human tors-member, and Director and cofounder of rights and women’s rights in Egypt for 10 Youmna Makhlouf the first women’s shelter in Morocco. She is years. She has also worked as a project the MENA representative in the Global net- manager at UN Women Egypt, on gender Youmna Makhlouf is a PhD candidate in law work of women shelters, North-South expert access to justice. She is a researcher, at the Université Paris II Panthéon-Assas. group member of The Council of Europe, focal human rights defender and cur-rently a PhD Her dissertation examines the question of person and gender technical advisor of many Candidate at Politics and Inter-national the “identity of the individual in the Lebanese national and international human right orga- Studies at Warwick University, U.K. private law”. She is a Teaching Assistant and