women’s studies / Jan Feldman religion The firs book to examine religous feminist activists in jan feldman is Israel, the U.S., & Kuwai an associate professor Ciizenshu, Faih, of political science, n Religious women in liberal democracies are specializing in “dual citizens” because of their contrasting political theory, at Jewish status as members of both a civic community C the University of & Feminism (in which their gender has no impact on their i Vermont. She is the and constitutional guarantee of equal rights) and izensh author of Lubavitchers a traditional religious community (which as Citizens: A Paradox Muslim distributes roles and power based on gender). of Liberal Democracy. u Women This book shows how these “dual citizens”— , Fa , Reclaim Brandeis Orthodox Jewish women in Israel, Muslim women in Kuwait, and women of both Their Universiy those faiths in the U.S.—have increasingly i Press deployed their civic citizenship rights in Feminism & h, Rights n attempts to reform and not destroy their Waltham, Massachusetts religions. For them, neither “exit” nor acquiescence to traditional religious gender Published by University Press norms is an option. Instead, they use the narrative of civic citizenship combined with of New England n Hanover & London a more authentic, if alternative, reading of www.upne.com their faith tradition to improve their status. Brandeis hbi series on Gender, Culture, Religon, Jan Feldman and Law Cover photo: ©iStockphoto.com/ Hande Guleryuz Yuce C¢izenshß, Fa¢h, & Feminism brandeis series on Gender, Culture, Religion, & Law Series editors: lisa fishbayn joffe & sylvia neil This series focuses on the conflict between women’s claims to gender equality and legal norms justified in terms of religious and cultural traditions. It seeks work that develops new theoretical tools for conceptualizing feminist projects for transforming the interpretation and justification of religious law, examines the interaction or application of civil law or remedies to gender issues in a religious context, and engages in analysis of conflicts over gender and culture/religion in a particular religious legal tradition, cultural community, or nation. Created under the auspices of the Hadassah-Brandeis Institute in conjunction with its Project on Gender, Culture, Religion, and the Law, this series emphasizes cross-cultural and interdisciplinary scholarship concerning Judaism, Islam, Christianity, and other religious traditions. For a complete list of books that are available in the series, visit www.upne.com jan feldman Citizenship, Faith, and Feminism: Jewish and Muslim Women Reclaim Their Rights Djj{fotiv-!Gbji-!! '!Gfnjojtn Kfxjti!boe!! Nvtmjn!Xpnfo!! Kbo!Gfmenbo Sfdmbjn!Uifjs!! Sjhiut brandeis university press Nwaltham, massachusetts brandeis university press Published by University Press of New England www.upne.com ∫ 2011 Brandeis University All rights reserved Manufactured in the United States of America Designed by Eric M. Brooks Typeset in Whitman and Mrs. Eaves by Keystone Typesetting, Inc. University Press of New England is a member of the Green Press Initiative. The paper used in this book meets their minimum requirement for recycled paper. For permission to reproduce any of the material in this book, contact Permissions, University Press of New England, One Court Street, Suite 250, Lebanon NH 03766; or visit www.upne.com Library of Congress Cataloging-in-Publication Data appear on the last printed page of this book. 54321 n Rabbi Elazar said in the name of Rabbi Chanina: Torah scholars increase peace in the world, for it is said: and all of your children shall be learners, and great will be the peace of banayich (your children). Do not read banayich but bonayich (your builders). to my children and our builders, jeremiah, gabe, zev, and lesly, and with special gratitude, to my daughter danit for sharing my travels as a companion and source of insights. The future of Orthodox Jewish women is in the hands and hearts of your generation. n I also dedicate this book to my parents, frances and stanley, with unending and bottomless appreciation; and to shirley for putting me up and putting up with me, and especially for keeping me thinking and laughing; and to beth for her enduring friendship. Finally, thanks and a big biscuit to shomer, for providing tail-wagging constant companionship. Contents Acknowledgments ix Preface xi 1 Women and Citizenship 1 2 Feminisms Islam and Judaism 23 3 Kuwait Monarchy, Theocracy, and Democracy 73 4 Israel Divided Jurisdiction 109 5 The United States Feminism meets Multiculturalism 153 Conclusion 201 Appendix Survey Instrument for Israel and Kuwait 205 Notes 209 Index 231 Acknowledgments I would like to acknowledge my great debt to the Taub Center for Social and Policy Research, especially Laura Brass, for giving me a ‘‘home’’ in Jerusalem; the Hadassah-Brandeis Institute, for granting me a generous fellowship and a very congenial atmosphere in which to work; and the Women and Public Policy Program of the Kennedy School of Government for appointing me as a fellow and showing me great hospitality. I am particularly indebted to the Islamic National Consensus Movement and the Women’s Social and Cultural Society of Kuwait, and all of the women who granted me the privilege of representing their views and experiences and thereby broadening my own. I would also like to express my gratitude to Suzanne Spreadbury, Associate Dean for Undergraduate Degree Programs, and Maureen Worth, Special Projects Associate of Harvard Extension School, for generously providing me with a faculty aide. Finally, to Hannah Ho√man Brion for her help in preparing this manuscript. For their meticulous reading and insightful contributions to this manuscript, I want to thank Professor Lisa Fishbayn and Professor Amina Wadud, and for her sustained support and guidance, I want to thank my editor, Phyllis Deutsch. Preface Resistance to oppression is obedience to G-d. n 1872 United States v Susan B. Anthony Any friend of G-d’s is a friend of mine. n anonymous Jewish professor of Islamic history If G-d is everywhere, then every woman is already in the center. n Professor and Imama Amina Wadud, commenting on the ontological status of women at Conference on Gender, Religion, and Authority, Radcli√e, April 2008 My intent in this book is to reveal commonalities between Jewish and Muslim feminisms. I have no larger agenda. I will not claim that ‘‘if only the women ruled the world all would be well.’’ It strikes me that Arabic and Hebrew share the same name for G-d that translates as ‘‘the Compassionate One.’’ Still, the cleavages and conflicts between the religions are real: political, historical, and doctrinal. I do not expect the recognition of our shared goals and strategies to result in a grander rapprochement, though, in my dream world, that will occur some day. First, a bit of self-disclosure: I am an Orthodox Jew and a feminist, and, therefore, a participant observer. Muslim and Jewish women are similarly situated with respect to their religious authority. We assume that the sacred texts represent divine self- disclosure and share a strategy that relies on mastering the rules of inter- pretation and analysis in pursuit of an authentic rather than apologetic, reading of the foundational texts. This, in itself, might constitute the ful- crum of a revolution in the word’s original etymological sense—that is to ‘‘revolve back to the original,’’ in this case, revealed divine intent. I have no desire to comment on the truth claims of either religion. I take the view that neither religion is inherently and intrinsically misogynistic. But I also take the view that anything that leads to an unjust act is itself unjust. I xii n preface attribute injustice to humans, not to G-d. That acknowledged, I agree with Jewish and Muslim feminists who deem it critical that women insist on disentangling religion from accrued cultural and traditional attitudes or practices that are hostile to human dignity. Finally, as with all interpretive endeavors, the interpreter is an ever- present mediator between the material and the reader, and though I strive to accurately represent the voices of the women I have interviewed, I have left my own imprint. That said, any errors in my interpretation of the texts or the views of others are my own. This project took me to Israel, Kuwait, and Morocco, where I conducted open-ended interviews with women ac- tivists. I used a snowball sampling method to expand my participant group beyond my original contacts. As a participant observer I brought a certain perspective and self-awareness to my interviews and my assessments, yet, I made every e√ort to allow my interviewees to speak for themselves in their own voices. The compassion of G-d is not like human compassion. Human rulers favor males over females but the One who spoke and brought the world into being is not like that. n Sifre Numbers 133∞ C¢izenshß, Fa¢h, & Feminism 1 nWomen & C¢izenshß Four Kuwaitis made history in 2009 as the first women elected to the National Assembly. One, who was interviewed for this study, has just chal- lenged an amendment to the 2005 Electoral Law that was introduced by Islamists requiring women to comply with shari’a (Islamic law), specifi- cally by wearing the hijab (head covering). The woman member of Parlia- ment contends that this amendment violates the 1962 constitution. She asserts that religious fatwas (edicts) are not binding and said that she will work to amend all laws passed by the previous National Assemblies that are in violation of the constitution’s provisions for equal citizenship rights for women.∞ Additionally, on the heels of this electoral victory, the Kuwaiti Constitutional Court issued a landmark ruling by abrogating an article in the 1962 passport law that banned Kuwaiti women from obtaining their own passport without prior approval of their husbands.