LSE London School of Economics and Political Science GOVERNING THE PERSONAL: FAMILY LAW AND WOMEN'S SUBJECTIVITY AND AGENCY IN POST -CONFLICT LEBANON Nisrine Mansour A thesis submitted to the Deparunent of Social Policy of the London School of Economics and Political Science for the degree of Doctor of Philosophy (PhD in Social Policy) London, September 2011 Declaration I certify that the thesis I have presented for examination for the PhD degree of the London School of Economics and Political Science is solely my work other than where I have clearly indicated that it is the work of others (in which case the extent of any work carried out jointly by me and any other person is clearly identified in it). The copyright of this thesis rests with the author. Quotation from it is permitted, provided that full acknowledgement is made. The thesis may not be reproduced without the prior written consent of the author. I warrant that this authorisation does not, to the best of my belief, infringe the rights of any third party. 2 Abstract Family law in multi-religious settings poses a problem for gender equality. However, there is a need to learn more about the dynamics of this process and its effect on women's capacity for taking action. This thesis asks the following research question: 'How does the enactment of family laws impact on the ways women negotiate their personal relationships in post-conflict Lebanon?' Mainstream statutory and cultural explanations failed to analyse the gendering effect of family law for three reasons. First, these explanations dissociate legal frameworks from broader social norms. Second, they reduce gender equality to entitlements rather than outcomes. Third, they fix women's agency as static and one-dimensional. The thesis presents a broader view of the 'enacted' aspects of family laws and examines their impact as historically bound social institutions with a dynamic gendering effect. It uses qualitative research methods to examine the case of post­ conflict Lebanon (1990-2005). Findings suggest that family law forms an order of 'gender governance' that sustains institutional gender inequality and restricts women's agency in three ways. At the judicial level, women's legal personhood is blurred in both legal texts and in judicial practice. At the normative level, women's subjectivity is confined within dominant gendered norms on family relations and womanhood ideals. Finally, at the level of social spaces for action, women are restricted in their individual and collective capacity for negotiating their rights. Hence, women's subjectivity is found to be composite and fluid continuously shaping various directions for agency beyond narrow western definitions of freedom. The thesis' main contribution is to argue for the need to engage more thoroughly with family law's institutional complexity and the processes of their enactment. The concept of 'gender governance' helps explain why women have so far been unable to organise effectively towards challenging or reforming family law. It also informs the complexity of citizenship in multi-religious settings by contextual ising the religious influence and framing it within political discourses on national identity and post­ conflict state building. 3 Acknowledgements Given the extended period of this project and the eventfulness of it all, my acknowledgements go to an incredibly varied pool of forces of nature. They were not only happy to wave at the end of the PhD tunnel but got their hands dirty and dug every piece of rock with me. Unreserved thanks go to all my academic mentors. Dr Hakan Seckinelgin and Professor David Lewis have been conscientious supervisors, rigorous scholars, and formidable persons. Their cringingly pertinent comments -'what does this mean?', and inspirational insights -'you can do whatever you like in life'- offered a fulfilling academic apprenticeship, for which I am both proud and grateful. Professor Dawn Chatty guided me through a rewarding professional experience and provided unfaltering patience and support in the final stages of my thesis. Professor Jude Howell and Dr Jeremy Lind welcomed me to their endeavours of academic collaboration. Professor Tim Newburn demystified the PhD process and held the doors wide open for me to hone my early research and teaching experience under his guidance. Vital lifeline support came from the Garrick's excellent baristas, the Wright's Bar, and Amici Cafe, learning my orders by heart and keeping my energy levels perked up on those long days and nights. Dr Olle Naidoo, Ms Teresa Shieffer, and the trainees at the British School of Osteopathy kept me physically and emotionally sane. A golden circle of exceptional people commented on my numerous 'final' drafts. They are: Melody Mohebi, Zeina Halabi, Habib Nassar, Shaffa Hameed, Ellie Hukin, Nahid Kamal (Dr), Philip Singleton, and Dean Moyce. Their pertinent comments and suggestions made this final version possible. Any faults remain my own. The PhD Babes meetings were a delightful space of comfort and support, kept alive by Georgina Blanco-Mancilla's witty secret blog. Gabriela Mejia-Pailles exemplified unfaltering determination and warmth among many talents. Nahid Kamal, the saviour in every party, emergency, and drama displayed tremendous courage in shifting mountains without stopping to realise it. Melody Mohebi was my rocking 4 angel or my angelic rock, literally carrymg me to the finish line with infinite gentleness and care. Dwan Kaoukji was there when it mattered most - no questions asked - with her very own innovative, optimistic, and witty ways. She unstrapped my creative impulse and is to blame for any future consequences. Zeina Halabi, my ingenious and gorgeous 'Thelma', initially pointed me to a small place called the LSE. She recklessly maintained her unfaltering belief in, and support of, whatever I was getting myself into, for no obvious reasons other than her being sweetness incarnate. Two Mikes deserve special mention: Mike Shiner (Dr), a long-term friend and confidante, soothed me with lucid chats over numerous tea rounds. Mike Orella, aka Sumptuous Cocoa Faux, kept me sane with delightful weekly escapes less usual territories of London. Special thanks go to the surfing wanderer Dean Moyce who was always there at the other end, reconciling me with vivid dreams of freedom, and teaching me to be patient when seeking them. Nasser led the way and taught me valuable lessons on bravely getting on with work despite the many strenuous circumstances that life throws at us. Mohammad and Afaf were of ultimate support, patiently reassuring me to 'take my time' despite the manifold pressing family circumstances they faced. I am blessed with Bassem' s upbeat and bigger than life take on life, and in awe of his healing sparks. Faten's strength, determination, and passion for life make her the most delightful sister and friend one can ever dream of. Finally, I am indebted to all the women and men who agreed to share their personal experiences with me to complete this research. In particular, I dedicate this project to Faten, Julian, and Johann, hoping they will be united again one day. When this happens, it will be another story. Now that everyone mentioned and inadvertently omitted had a sigh of relief, we can all draw a line on the PhD thing and move on with our lives. 5 List of Abbreviations BM -Board member respondents of women groups CDCs -Community Development Centre L WNGO - Lebanese Women Non-Governmental Organisation RJ - Religious Judge RCL - Religious Community Leader W(n)- Women respondents 6 Table of Contents I CHAPTER ONE Introducing the research project .............................................................. 10 1.1 Aims of the study and research questions ........................................................................ 10 1.2 Justification of the subject and domain of research ......................................................... 13 1.3 Contribution of the thesis ................................................................................................. 16 1.4 Framing the argument ...................................................................................................... 20 1.5 Defining Terms and Concepts ......................................................................................... 21 1.6 The Case: Gender equality and family law in Lebanon ................................................... 27 1.7 Organisation of the thesis ................................................................................................ 31 1.8 Conclusion ....................................................................................................................... 33 2 CHAPTER Two Family law as an order of gender governance ........................................... 35 2.1 Introduction ...................................................................................................................... 35 2.2 Fixed approaches to the impact of family law on women's subjectivity and agency ....................................................................................................................... 36 2.2.1 Gender inequality in personal relations as statutory discrimination 36 2.2.2 Gender inequality in personal relations as structural injustice 40 2.2.3 Gender inequality in personal relations as cultural subordination 41 2.3 Moving beyond: Enacted freedom and the construction of subjectivity and agency ......................................................................................................................