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Women in Islam: equity, equality, and the Search for the Natural Order Jane I. Smith argues that little understanding can take place without the effort to see the female-male relationship from within the Islamic perspective. In Islam women are freed from many of the problems and concerns that are characteristic of Western feminism.
Women in Islam: equity, equality, and the Search for the Natural Order Jane I. Smith argues that little understanding can take place without the effort to see the female-male relationship from within the Islamic perspective. In Islam women are freed from many of the problems and concerns that are characteristic of Western feminism.
Women in Islam: equity, equality, and the Search for the Natural Order Jane I. Smith argues that little understanding can take place without the effort to see the female-male relationship from within the Islamic perspective. In Islam women are freed from many of the problems and concerns that are characteristic of Western feminism.
Journal of the American Academy of Religion, XLVII/4, 517-537
Women in Islam: Equity, Equality, and
the Search for the Natural Order* Jane I. Smith ABSTRACT From the Muslim perspective, Islam provides women a position of honor and respect, with clearly stated rights and obligations. The Qur'n affords legal protections in the areas of marriage, divorce, and inheritance that are considered to mark a vast improvement over the situation of women in pre-Islamic society. Nonetheless historical circumstances through the centuries have often worked to the disfavor of the Muslim woman; predominant traditions of male authority and honor have made it difficult for women to avail themselves of the rights guaranteed by the Qur'n. In this century a number of reforms have taken place leading to improved opportunities for education and in general to greater emancipation for women. Yet certain patterns that inflict hardship still prevail, particularly in the areas of divorce, employment, and political activity. Westerners often tend to assess circumstances for Muslim women in terms of "progress" or "problems," noting what they see as obvious inequities in the relative situation of men and women. This essay argues that little understanding can take place without the effort to see the female-male relationship from within the Islamic perspective. The Qur'n cites men as the protectors of women, the righteousness of the latter defined in terms of obedience to males. A predominant theme in contemporary Muslim writing, expressed by both sexes, is the naturalness of the circumstance in which women because of their innate qualities and characteristics have clearly defined roles and cannot appropriate functions reserved for men. Their somatic and psychological differences determine the distinctbut complementaryduties prescribed for each. Few Muslim women, even those who may be critical of the restrictions imposed by Islam, are sympathetic to much of what they see as characteristic of Western feminism. In Islam women are freed from many of the problems and concerns that are This paper was originally delivered in a series entitled "Women in Patriarchal Religions" at the University of Wisconsin (Milwaukee), October 25, 1978. Jane I. Smith is Associate Director of Harvard's Center for the Study of World Relgions and an Associate Professor at Harvard Divinity School. She is the author of An Historical and Semantic Study of the Term 'Islam ', and editor of Women in Contemporary Muslim Societies. 518 Jane I. Smith assumed by men, a situation which they often feel is not easily to be given up. Whether or not liberation is appropriate or desirable in the Muslim context is a question that must be considered from within as well as without the tradition, and to the degree to which it is assumed as a goal it must be defined in terms consistent with the Qur'an and with what Muslims understand as the divinely-ordained principles of Islam. Men are in charge (or: are the protectors) of women, because God has given preference to the one over the other, and because (men) provide support for (women) from their means. Therefore righteous women are obedient . . . (S 4:34) I n this often-cited verse from the Qur'an, God's verbatim revelation for humankind, many modern Muslims find testimony to the natural circumstance that men are the providers, protectors, and thus the authority over women. It offers the justification for the role of the male as head of the household, as the final decision-maker, and even in some cases as the spiritual authority over his wife and family. One must never assume, however, that women in Islam (at least by Qur'anic formulation) are denied equal rights and responsibilities, especially in the realm of religion. Some contemporary Muslim apologists would even say that part of the glory of Islam is that it has guaranteed rights and privileges for women despite the fact that they by nature have certain deficiencies. Difficult as it may be for Westerners (especially feminists) to accept, the majority of those writing from within the perspective of Islam see this circumstance as perfectly obvious and perfectly natural. "Islam is the religion of innate nature," says Ahmad Shalaby, "as it admits that man is better than woman in certain matters . . . "/ ! / And a work sanctioned as official Islamic doctrine by the Muslim World League in 1973, discussing the verse cited above, declares: . . . When once we admit the physical and intellectual superiority of man over woman, we cannot deny that woman has to depend upon, and take advantage of, the intellectual resources and superior strength of the opposite sex; and this is precisely what Muslim doctors hold to be the import and significance of the verse under consideration/2/. Basic to this view is the understanding that men have authority over womenthe father over his daughter, the brother over his sister, and ultimately the husband over his wife. What it is crucial to see, however, is that the rationale for this authority is not simply the special capabilities felt to be exhibited by the male, but the responsibility thereby placed on men for taking care of their women. As the verse says, "they provide for them from their means." The woman is thus freed from the need to worry about economic affairs or even about choosing a husband, a task traditionally done for her by the male members of her family. We will return shortly to the implications of this kind of understanding for the issue of whether or not women are accorded equality in the view of Women in Islam 519 modern Islam. In the meantime it must s be noted that while this is a significant contemporary perspective, it is only part of the total picture. Islam has had a long and varied history, and what we would call liberal voices have made themselves heard as well as conservative ones. The circumstances for Islamic women have improved greatly in the past fifty years, and it is both unfair and incorrect to assume that the affirmation of male dominance/ responsibility necessarily precludes the continuation of what we as Westerners see as progress in this area. A number of factors make the situation of women difficult to describe as well as to assess. The issue of the role of women in Islam is an extremely sensitive one today both in the Muslim world and in the world of Western scholarship. As a non-Muslim who is neither Arab nor male, I personally am in a particularly vulnerable position in commenting on this aspect of what is clearly a male-dominated society. Rather than attempting any kind of general evaluation of the circumstances, then, I will try to present as objectively as possible a brief look at what the actual situation for women in Islam has been, is, and by the letter of Islamic law ought to be. After that we may be in a better position to determine some of the reasons why efforts to impose the concerns and formulations of Western liberalism on the Islamic scene are viewed by Muslims as precisely thatan imposition. Other problems make this a difficult topic to approach. In the first place, we are talking about an enormous number of peoplethere are some 800,000,000 Muslims in the world todayrepresenting a vast span of geographic and cultural areas. These remarks are limited primarily to the situation in the Arab world, which means that we still will be attempting to generalize about women in over twenty countries, some of whom are living more or less as their mothers have lived for over a millenium and others who are full members of today's jet set. Looking specifically at the circumstance of women in the Arab world we also find that it is extremely difficult in many cases to separate what is peculiarly Islamic from what is simply part of Middle Eastern culture, equally applicable to Christians, Jews and others / 3/ . Adding to the complexity of the task of determining both facts and attitudes in the Islamic world today are the realities of Western contact with Islam, the Islamic response to what is continually seen as Western imperialist aggression both politically and ideologically, and the wide-reaching implications of the fact that the oil-rich Arab countries represent the most conservative voice of Islam. What does it mean, then, to talk of equality for men and women in Islam? First we need to see what kinds of changes Islam as an institutionalized religion brought to the status of women and what legal rights it actually guarantees for them. This century has witnessed a great effort on the part of many Muslims to improve the status of women and to insure that they are able to take full advantage of these rights and privileges. Modern Muslim writers stress the superior position accorded women at the time of the Prophet and insist that still today many non-Muslim women have not achieved the rights assured to females by the Qur'an. They see the situation of women in pre- 520 Jane I. Smith Islamic Arabia as having been dismal and the Prophet as having brought social reforms through the fundamental human rights accorded by the Qur'an to all persons. In point of fact, it is not entirely easy to assess what the actual situation was for women in Arabia before the beginning of Islam (officially as a community in 622 CE. ). Earlier in the history of Arabia it appears that women did enjoy certain rights and privileges in the choice of their own husbands and even in initiating divorce. They apparently did not live under any restrictions of seclusion / 4/ , and we know from pre-Islamic poetry that there were many opportunities for interaction with men / 5/. What seems to be the case is that sometime well before the coming of the Prophet women did enjoy a relatively advantageous position / 6/, but that by the period immediately preceeding the Qur'anic revelation circumstances had deteriorated substantially. Freedom of choice in marriage seems to have given way to a general situation in which a woman was purchased from her kin (called ba c l marriage, baH meaning lord or owner) / 7/ , had to relinquish claims to her children and had no right of inheritance, while her husband alone had the power of divorce and could enjoy unlimited polygamy / 8/ . Given this rather complex situation, then, what clear changes can we say that Islam introduced? Most Muslims point to the new emphasis on the family over the tribe as a crucial innovation in Arab society, saying that with the importance of the family unit came the stress on female as well as male rights / 9/ . Both Muslim and Western writers recognize that the most significant reforms Islam brought to the lot of women were the Qur'anic prohibition against the burying alive of infant females, the changes in inheritance reg- ulations, the limitation of polygamy to four wives and the insistence of the Prophet that of all things divorce (while permitted) is the most hateful. The basics of what is determined for women by the Qur'an, and thus is still relevant today, are as follows: (1) Marriage. The number of wives a man can take is limited to four, although a woman can marry only one man; a woman is given the right to dictate the terms of the marriage contract (marriage is a legal contract and not a sacrament) and can receive the dowry herself; temporary (mut c a) marriage is limited /10/; Muslim men can marry Christians and Jews as well as Mus- lims, although women can marry only Muslims. (2) Divorce. The Qur'an clearly discourages divorce, but in those instances where it is necessitated tries to protect women and give them equal rights. (3) Inheritance. While immedi- ately before the advent of Islam only male relatives could inherit, the Qur'an assured this right for women (although their portion is only one-half that given to males because, again, of the insistence that men are the providers for women). A woman can also earn a living and manage her income. (4) Reli- gious rights and responsibilities. In addition, as attested to above, it must be recognized that according to the Qur'an all duties in the specifically religious realm that are incumbent on men are also the responsibility of women, and women are subject to the final judgment as full and equal partners in the community of faith /11 /. Women in Islam 521 It is clear that the Qur'anic descriptions outline rights and privileges for women not guaranteed in many societies of that age. The community ran into difficulty in two ways, however, The first is that because of the absolute nature of the Qur'anic revelation and the divine source of the law, change and adaptation through the centuries have been exceedingly problematic. And secondly, given the strong tradition of male authority over women and its relationship to the maintenance of family honor, it was often very hard for the growing Islamic society to insure that women were able to avail themselves of their scripturally given rights / 12/ . Even the most ardent defenders of the Islamic systemor perhaps we should say especially theyemphasize the vast difference between what they see as the favorable circumstance outlined by the Qur'an and the serious decline that set in relative to women / 13/ . What, then, have been the major problems faced by Muslim women in the light of what contemporary Islam portrays as the highly advantageous situation afforded to them through the revelations of the Qur'n and the legislation of the Prophet? Several areas can easily be identified: (1) Seclusion. Western observers have long pointed to the Islamic practice of putting women in seclusion, forcing them to cover their bodies with robes and their faces with veils, as degrading to the female sex. The Islamic response both defends these practices (veiling, hijb, and seclusion, harim or purdah, are related but separate customs), and suggests, quite correctly, that to a large extent they entered Islam from extra-Islamic sources. The word hijb in the Qur'n does not mean veiling but partition, from behind which the wives of the Prophet talked to men for purposes of propriety. Although the Qur'n does say that women should not expose themselves immodestly (a verse made much of by contemporary conservative Islam /14/), the actual practice of veiling seems to have come from such areas as Syria, Persia, Iraq, and other places conquered by Islam. However, what apparently began as an attempt to protect women, to make it clear that they were not "available" to men other than their husbands (in many cases the veil was worn as a sign of prestige), did lead to a real lack of freedom for many women. The vast majority of women for centuries have been excluded from the world of males, from life outside their own homes, so that even the mosque, guaranteed to them by the Prophet as a place of worship, became inaccessible. (2) Lack of education. Given this kind of seclusion, it is not surprising to find that educational opportunities for women have been minimal. Until recently most girls have received only the rudiments of Islamic education so as to be able to recite their prayers, and the rest of their training has been limited to those roles that would prepare them to be capableand obedientwives and mothers. As a result of their lack of education, and here is where the whole cycle involving rights and privileges begins to swing down, women have often been both ignorant of their legal guarantees in terms of marriage, divorce, and inheritance, and powerless in the face of male authority to lay claim to the rights of which they were aware. 522 Jane I. Smith (3) Marriage. Contemporary Muslim responses to the circumstance of polygamy (or more strictly polygyny) range from a positive defense of the institution /15/ to a defense of Islam against charges of polygamy /16/. Regardless of these defenses, it is certainly the case that traditionally polygamy has caused hardship for the women of Islam, both for the first wife who has had to live with the threat of added competition and for succeeding spouses faced with the difficulty of breaking into an already established household. Polygamy, of course, has not been the only problem faced by women within the marriage circumstance; others include (a) the extreme control of the husband's mother over the young wife (it is almost a truism that in Middle Eastern society a woman comes into her own only after her son marries and she can dominate the young bride /17/ ); (b) the early age at which marriages have been contracted, sometimes even pre-puberty; (c) the fact that despite Qur'anic guarantee of marriage as a contract entered into by the male and female partners, almost all schools of law allow for the father or other senior male member of a girl's family to make her marriage choice for her (technically a woman cannot be forced into marriage, but the penalty of her refusal to heed the advice of a male relative has often been so severe as to discourage any recalcitrance on her part); (d) the fact that Islam has legally allowed husbands to beat their wives if necessary /18/; (e) the very strong anxiety on the part of the woman until she bears her first son, at which time she is known as "umm ," the mother of this boy; (f) giving of the bride price to the bride's father rather than to her. (4) Divorce. Problematic as many of these marriage circumstances are, and it is clear as noted above that many of them are cultural rather than Islamic per se, there seems little question that even greater difficulties for women lie in the area of divorce. In addition to the simple repudiation of a wife by her husband (talq), there is also the legal provision for divorce instigated by the wife as well as divorce by mutual consent /19/. Even in those cases in which the wife initiates the proceedings, however, either permission for such must have been written into the marriage contract initially, a possibility about which many women have been ignorant, or the wife must repay her share of the dower and return without financial support to her family. It is also the case that while the husband can repudiate at his own will and discretion, the wife must have specific grounds such as lack of support, maltreatment, impotence, or desertion. It is probably this fear of unilateral repudiation, the constant threat that a woman can be divorced at the whim of her husband, that has been the greatest source of intimidation for women in Islam. And of the various kinds of divorce, this simple repudiation is by far the most common. Upon divorce, the wife must wait for three months before remarrying so as to be absolutely certain that she is not pregnant (a Qur'anic injunction intended for the protection of women), while the husband can marry again as soon as he wishes. The triple repudiation of a wife by her husband began as a protection Women in Islam 523 against wanton elimination of wives. Remarriage of the same wife is permissible after each repudiation, to insure that divorce made in a fit of anger is not the final dissolution of the union. But this can take place only twice without its being irrevocable. Unfortunately this legal protection has been circumvented in many cases by the custom of repudiating three times in immediate succession, a situation against which the wife has no recourse. Regardless of the perspective one takes on the strictly legal circumstances regarding marriage, divorce, inheritance, and the like, Muslims and observers of Muslim culture alike are perfectly ready to agree that the traditional situation for women in most cases has been in serious need of remedy. As Islam began to take stock of itself in the late nineteenth and early twentieth centuries, it became very clear to many of the more progressive Muslim thinkerstheologians as well as political reconstructioniststhat if Islam were to regain its place of moral and social leadership it must improve the lot of its women. Response to the West, both in terms of the introduction of new ideas and out of the felt need to answer Western critique, led to the gradual introduction of reforms. The rise of nationalism was closely associated with the need for social change, and many of the liberal reformers of the turn of the twentieth century recognized that change must begin within the Islamic family. They thus came out strongly for such improvements as increased education for women, the abolition of polygamy, and beginning steps in the general emancipation of women. In this century, then, a number of specific changes have taken place: (1) Polygamy is clearly dying outin the Middle East it ranges from about 2% to 8% of the population /20/and in some places has even been legally abolished / 21/ . (2) Serious attempts have been made to reform the divorce laws, and the divorce rate is dropping in many countries / 22/ . It is legally possible for a woman in most places to get a divorce through the courts if she has reasonable grounds. Simultaneous triple repudiation is rejected in a number of countries and talq without the waiting period is discouraged; in a few areas divorces must take place in a court of law to be valid. Traditionally the children of divorced parents went to the father at puberty or earlier; this situation is changing (although slowlyin general the male still has the right of custody) and with more women working both parties may contribute financially to the upbringing of the children. (3) The right of the father to give his daughter in marriage without her consent (jabr), in itself non-Qur'anic though widely practiced, is now revoked in many countries. Marriages are still generally arranged by the elders, except in the urban upper middle and upper classes, but daughters as well as sons are usually consulted before the arrangement. (4) Educational opportunities are increasing greatly; in most Muslim countries women have the right to vote; contemporary laws reaffirm the right of women to own and manage property; and in some places efforts are being made to reform the inheritance law, based on Qur'anic injunction, which says that a woman's inheritance is one-half that of a man. 524 Jane I. Smith (5) Symbolized by the much publicized act of the Egyptian feminist Huda Sha c rawi, who dramatically cast off her veil in Alexandria in 1923 after attending an international women's conference, the wearing of the veil as well as the customs of purdah and the harem are rapidly disappearing / 23/ . (Exceptions, of course, are to be found in the still extremely traditional Arab Gulf states.) (6) There has even been progress in the area of birth control, although a strong conservative opposition remains. Abortion and sterilization are for- bidden in Islam, but some religious authorities have actually endorsed fami- ly-planning programs, giving them the sanction of Islamic doctrine / 24/ . It is clear, then, that many needed reforms have taken place and probably will continue to do so, yet for many women in Islam the weight of traditional customs and attitudes often makes the legal changes remote from their daily lives. In most divorce cases the woman has to take the case to court while the man does not; the woman needs factual evidence and the man does not; the judge is almost always a male, and even if the wife can offer sufficient "proof to warrant the judge's granting a divorce, the woman faces the censure of society for bringing shame on the man. In addition, the courts are often so overcrowded that cases go on for years, during which time the woman is neither married nor free, and has no support from her husband. Torn by the fear of repudiation many illiterate wives try to have as many children as possible so that their husbands cannot afford to divorce them and pay the necessary child support. Social control over the woman is still extremely strong. Formerly seclusion and the veil prevented her in a very physical sense from participation in the male world. While these institutions have largely disappeared, the more subtle forms of control continue / 25 /. Females are still locked into prescribed patterns of behavior because of male dominance and the pervasive code of honor ( c ird) /26/. A more specifically secular than religious value, male honor, which is in many cases immediately dependent on the conduct of the woman, continues to have very deep ramifications for the possibility of the advancement of Arab women both Muslim and non-Muslim /27/. In the area of work the problems are manyunequal pay, the mistrust of male employers, the fact that women in most areas still cannot work in the company of men, lack of child care facilities, refusal of the husband to share in the household choresall of this in addition to the continued general censure of women working away from the home. Even in cases where there is acceptance, it is only if and when duties outside the home are carried out in addition to home responsibilities /28/. Increased opportunities for women inevitably means a weakening of male authority over them; such authority, as we have seen, is both cultural and sanctioned by the religion of Islam. One finds in the writings of modern Muslims countless affirmations of the old adage that a woman's place is in the home, and that this is the natural order of things. Thus Muhammad Fazlur-Rahman Ansari asserts: . . . unlike man, whose sphere of activity is mostly outside the home and who thereby gains a rich experience of, and a sharp judgment Women in Islam 525 about, men and things, the natural sphere of activity for the woman is the home, which does not allow her to acquire the same richness of experience and sharpness of judgment regarding the affairs of the outside world . . . /29/ And from Sayyid Hossein Nasr, one of the most widely-read of the contemporary spokesmen for Islam: The home and the larger family structure in which she lives are for the Muslim woman her world. To be cut off from it would be like being cut off from the world or like dying. She finds the meaning of her existence in this extended family structure which is constructed so as to give her the maximum possibility of realizing her basic needs and fulfilling herself / 30/. Politically, while she has been given the vote in most Arab countries (although not yet in Saudi Arabia or most of the Gulf states), the Arab Muslim woman is still at an extreme disadvantage. She has traditionally been passive in exercising her political rights either because she has not been educated to them or because she has been prevented from doing so indepen- dent of the dominant male opinions in the family. Women who choose to go into politics professionally find little support from male constituents (though in several Muslim countries a few women have been influential members of government). Again we find that for some Muslim males the role of women as legislators goes beyond what nature allows. "We certainly should like to strengthen our community with educated women," said Muhammed al- Ghazzali in 1953 in a statement with which many would agree today, "but we should be alarmed to see women take over the reins of governmentthis would be unnatural" / 31 /. More liberal males, of course, are equally vocal in their insistence that women have the right to vote, to hold public office, and to be professionals, although not at the cost of sacrificing their home life or neglecting their familial responsibilities / 32/ . Educationally there have been tremendous advances for women in the Arab world. While formerly the Muslim woman was accorded only the rudiments of an Islamic education at best, in most countries she now has, at least technically, free access to the highest levels of education. But one still finds among many of the most conservative doctors of Islam the clearly expressed feeling that while education as such should be open to women, their natural aptitude for some topics over others (or, their inability to successfully function in some intellectual spheres) means that they should be exempted from certain fields more naturally masculine in orientation. It is also interesting to note that despite various social, educational, and political reforms that have taken place in the Islamic world with regard to women, there has been little progress in helping bring Muslim women back into the formal religious life of the community. As we observed earlier, any exclusion of women from religious practices is strictly non-Qur'anic. But because of the early development of forms of seclusion this removal did take place, and instead of worshipping in the mosque women were relegated to 526 Jane I. Smith worship in their homes / 33/ . This is not to say, of course, that women never attend the mosque; in recent times with their gradual emergence fxompurdah they are more in evidence, particularly for special occasions. It is also true that many liberals have urged the return to the situation which pertained at the time of the Prophet when men and women worshipped together and partic- ipated communally in the religious life of Islam /34/. In general, however, women pray at home and in fact may well be more regular in that per- formance than are the men in public or at the mosque. Women do tend to fast / 35/ and to go on the pilgrimage to Mecca, often welcoming the legitimate excuse to get outside of the home, and are especially faithful attendants at the shrines of local saints. A saint's sanctuary has been seen to offer women a great contrast to the usual subordinate position they hold /36/; there they feel themselves away from the mediation of their husbands and in direct communication with the saints (considered in a special sense to be still living), many of whom are themselves female. Through petitions and complaints women find at the saint's tomb one of the few releases for the frustrations and felt inequities of their daily lives. Responses to the general circumstances of women in the world of Arab Islam within the Muslim community itself have differed widely. The conservative stance often taken by doctors of Islam today is supported by many women, both passively and actively. Other feminine voices have been raised in sharp criticism, and have often been supported by liberal males. Some Muslim women are deeply angry and express with great candor their frustrations over the difficult position in which they find themselves. Talking about the Qur'n verse mentioned earlier which gives men authority over women, the Algerian Fadela M'rabet says that what is really being communi- cated is that God prefers men over women because the latter are inferior. And because of this inferiority follow some of the consequences for women which we have already noted: a man can marry a Christian or a Jew but a woman only a Muslim; a man can have four wives and a woman only one; a man is free to do as he pleases but a woman comes into her own only when she is older; a man does not have to be faithful to one woman only (in fact he can even have concubines) while a woman can be beaten or worse if she is even suspected of being unfaithful, and on and on. "This," asks M'rabet, "is equality?" /37/ Then in a terse paragraph she puts her finger on what she sees to be the basic orientation of Muslim males toward women: . . . despite the promise of a happy hereafter and a relatively comfort- able material existence on earth, the Muslim woman is still, ontolog- ically, inferior to the man. This is not a 'detail' which can be consid- ered negligible or re-interpretable: for a believer, this inferiority is fundamental. Because it proceeds from a divine preference, this infe- riority is the marknatural, ineffaceableof the woman /38/. Is this a fair assessment of the way Islam sees women? Let us look more closely at what Muslims in recent years have had to say on the question of equality and the natural. Muhammad al-Ghazzali asserts that "the concept . . . of the supposed inferiority of woman as such in Islam is pure fiction and Women in Islam 527 should be completely disgarded. On the other hand, the marked difference in the physical, mental, and emotional constitution of man and woman is a brute fact." He then goes on to say that "In the Sunnah, the tradition that women are inferior to men in respect to religion and the intellect has been unequivocally explained. . . ." /39/ The explanation, one that is commonly offered, is that her "religious inferiority" is because she menstruates and thus is exempted from prayer and fasting at certain times and because the testimony of two women is needed to balance that of one man since women are naturally more forgetful than men. (The Syrian feminist Fatme Jouyouchi remarks that this latter restriction is a standing joke among Muslim women who maintain that no law is broken when eight women ride in an automobile instead of the required four because eight women equal four persons! /40/ ) "It is regrettable," concludes al-Ghazzali, "that some women believe Islam thinks ill of them "/ 41/ It is perhaps unfortunate that certain Muslim writers have used such terms as "inferior" when describing women. This attitude that women are inferior may apply to some of the more conservative Muslim thinkers, but the moderate opinion holds that rather than inferior they are simply different. Their constitution is different, physically, mentally, and emotionally, and because of that their natural roles in society are different. A clear statement of this is put forward by Muhammad Abdul-Ra'uf, Director of the Islamic Center in Washington, D. C: To an ordinary observer, men and women share common biological and mental ingredients which justify and call for their legal, moral and economic equality. Yet there are obviously some somatic differences between men and women, affecting their temperaments, and con- sequently call in some situations for different but reciprocal sex roles . . . /42/. That there have been genuine inequities in the relationship between men and women in Islam is admitted by liberals and conservatives, Muslims as well as Western observers. The more basic question is whether or not the Islamic recognition of natural differences between men and women with the con- sequent insistence on differences in the roles they play in the social order con- stitutes a situation of inequality. For the most part Islam says no. Mu- hammad Ansari talks about "inequities of condition" but affirms woman's equality of status with man / 43/ . Both materially and spiritually, says Maulana Muhammad c Ali, Islam recognizes the position of women to be the same as that of men / 44/ . Interestingly enough, even some of the most articulate of the Muslim women critics of the Islamic system will agree that the problem is not simply that the woman is considered to be inferior. It is not an issue of female inferiority, says Fatima Mernissi in her sharp critique of the role of women in Islam entitled Beyond the Veil, but of laws and customs insuring woman's status as one of subjugation / 45/ . What she sees as subjugation, Muslim apologists affirm is rather the natural circumstance whereby men offer protection, care, and provision for their women. 528 Jane I. Smith Basic to this view is the understanding that women can best be fulfilled in marriage and through the bearing of children, and that within the marriage context it is necessary for one partner to have final authority. This authority, on the basis of the sanction afforded by the Qur'n, goes naturally to the man. In return for the concern of her husband for her "physical, mental, moral, spiritual and economic welfare" /46/ the wife must be obedient to the will and opinion of her husband. This view is far from limited to Muslim men alone. Many Muslim women share the idea that equality does not in any sense mean a mutual appropriation of function, nor does it negate the ultimate authority of the male over the female. "The ruling idea with regard to men and women," says Saneya Saleh, "is that the husband and wife should supplement each other, for each has particular features and characteristics. As a result, their functions are quite distinct, and each is entrusted with the functions which are best suited for his and her nature" /47/. The home is like a kingdom, she says, and without a ruler there would be anarchy. Therefore the responsibility of the wife is to look after the interests of her husband and submit to his authority in all matters. Again, we must recognize that basic to this perspective is the firm con- viction that this is a divinely-ordained and therefore a natural circumstance. "This pattern of reciprocal relationship, mutual love, cooperation and dedication," says Abdul-Ra*uf, "is the natural style. . . . This pattern sets a fair equilibrium compatible with sex differences and is by no means inimical to the sense of moral equality. What is important is not quantitative equality, but equity, domestic harmony, peace, love, and stability" /48/. What, then, can we project for the future of women in Islam? In the first place it is crucial to recognize that what we as Westerners might hope/or them in the way of greater steps toward equality and improvement in general status may very well not be what many Muslims want for themselves. There has been a feminist movement in the Middle East for years, but its causes, directions, and general motivations have in many ways been different from those of Western feminism /49/. For the vast majority of women in the Middle East, Islam remains a tremendously powerful influence. Elizabeth Fernea in Mus- lim Middle Eastern Women Speak quotes an Iraqi woman who states very poignantly the dilemma of many modern Muslims: I find to my dismay that I am full of conflict. I am pulled more strongly by the strings of tradition and Islam than I would have believed. I thought I was a modern woman, but what is that exactly? I am an Islamic woman first /50/. Liberation in the Arab world, and thus liberation for the Muslim woman, has always meant both implicit and explicit liberation from the domination of the West. It began as a response to imperialism and in many of the statements made by Muslims todaywomen as well as menone finds the continuation of the expressed need to be free of the ideological as well as the political presuppositions of Westerners. As a young Muslim woman friend from Egypt has said, "The cause of liberation of women is too specifically Western to be Women in Islam 529 applied unconditionally to the Arab world. Many Western scholars have disregarded what Muslim women think of themselves and have imposed their own value judgments on the condition of women there" / 51/ . It is, in fact, by virtue of their association with Western ideas and Western styles of life that some women in the Middle East, who in their own understanding are attempting to raise the status of women, are looked upon with suspicion by many in the Islamic community. The conservative views expressed earlier must be understood at least in part as direct response to the condemnations of Westernersmissionaries, orientalists, and othersas well as of Arab secularists / 52/ . Women's liberation in the Muslim world is often seen as another concession to the influences of the West which have already done so much to undermine Islam. As Fatima Mernissi so graphically points out, the very political setbacks that signal the need for progressive development are precisely the occasions when it is most necessary to defend and reaffirm Islam as a viable way of life. "In a single blow," she says, "both the forces for modernity and the forces for tradition are unleashed, and they then confront each other with dramatic consequences for the relation of the sexes" / 53/ . In many cases women in the Middle East who continue to enjoy the love, care, and protection of the males in their lives are not interested in the kind of liberation that would remove them from that protection. To ask about rights for these persons is to ask the wrong question, as many of the Muslim apol- ogists have perceived. One should rather ask upon whom lies the ultimate re- sponsibility for the care of the family, and many Muslim women are glad to re- spond that it lies not on them but on their fathers, husbands, and sons.". . . it is not a matter of rights," says an official statement on Muslim Doctrine and Human Rights in Islam / 54/, "but rather a charge for man. It is fortunate for women to be exempted from it." Many Muslim women agree. And what is more, they look at their "liberated" female counterparts in Western society as burdened by great and unnecessary (to say nothing of unnatural) respon- sibilities from which they are happy that their religion provides a protection. It is also important for us as Westerners to understand that for most Muslim women, movements toward increased opportunities are not viewed as anti-male in the way that Arabs often feel is the case among Western women. The clearest voices proclaiming the need to improve the lot of women in the early part of this century were male voices, and the felt need on the part of most women continues to be cooperation rather than competition with the men of their families and community. Middle Eastern women have no desire to usurp the position of males in society, and attitudes that reflect a "female against male" approach are foreign to a culture in which such a high priority is put on the complementary nature of the roles of women and men / 55/ . Regardless of their degree of liberation, Muslim women value modesty as well as prize and retain their femininity. They find particularly odious, as do Muslim men, the sexual permissiveness of Western society. Whether the control exercised by Muslim men over their women is viewed as protection or exploitation, the fact remains that liberal and conservative Muslims alike are 530 Jane I. Smith appalled and disgusted by women's open display of themselves and the sexual freedoms seen as part of the general emancipation of women in the West. Again to cite the expressive commentary of Fatima Mernissi, "While Muslim exploitation of the female is clad under veils and buried behind walls, Western exploitation has the bad taste of being unclad, bare and overexposed" / 56/. It is my opinion that Western feminists are beginning to recognize what historians of religion were a long time in realizingthat the kinds of assumptions one brings to the observation of another culture often lead to the asking of questions basically inappropriate to that culture. We must begin to listen more carefully to what persons from within cultural traditions, in this case particularly women, are saying in response to their own felt needs and priorities. The point has been made repeatedly that the history of women in Islam reveals a clear pattern of male domination. But what I have tried to indicate is that from within the Islamic perspective this is a divinely-initiated and therefore natural and right circumstance. In all religions the rules have been made by men, insist Western feminists, and women must play the parts thus determined for them. But for the Muslim women this is not necessarily the case. Listen again to my Egyptian friend: They [Western feminists] say that the rules have been made by men for women to follow. But they do not understand that Muslim women believe these to be divine rules. . . . By liberating them from these "man-made" regulations they are in fact liberating them from their own religion /57/. Perhaps not all Muslim women would agree, but then as we have said, we are talking about a vast number of persons representing greatly differing stages of modernization. In attempting to understand the circumstances and problems of Muslim women let us at least make every effort to listen to their own voices and hopefully to refrain from the kind of comment made recently by Gloria Steinern in which she referred to Saudi Arabia as a "Nazi Germany of sexual rights" / 58/. To a people for whom God's word has been absolutely revealed and whose law has developed under God's guidance, change is a slow and problematic process. When it does come, Muslim men and women agree, it must be within the framework of that revelation. Equality will carry an Islamic, not a Western, definition, and in the Muslim mind the role of women must evolve in a pattern consistent with God's ordered plan for humankind. NOTES /1 / P. 319. References to the opinions of contemporary Muslim writers are taken exclusively from works in English, expressly to illustrate the kind of material that is Women in Islam 531 presented by Muslims for Western readers. For a detailed study of contemporary Arabic writers on the role of women in Islam see Y. Y. Haddad, "Traditional Affirmations Concerning the Role of Women as Found in Contemporary Arab Islamic Literature." 21 Galwash, p. 125. / 3/ Peter Dodd (1974) in a study of religion as a (possible) source of resistence to change in the Levant, for example, has found that attitudes toward change in women's status are due less to religious teaching than to general level of education and development, and that Christians and Muslims have very similar patterns of role expectations. / 4/ Cf. Smock and Youssef who feel that Islam before the revelation of Muhammad accorded considerable freedom to women with few restrictions on marriage and divorce. 5/ Nicholson, p. 88; Nicholson affirms that their position was high and their influence great, a view not necessarily shared by other Western scholars. Cf. Esposito, p. 100: "Social conditions and the necessity of survival accounted for women's low social position." / 6/ Some have suggested that there was a time in Arabia when society was predominantly matrilineal; we know that there were forms of matrilocal marriage (see note 7 below). 7/ It appears that for some time several types of marriage existed si- multaneously: (1) sadlqa in which the wife chose her husband, stayed with her tribe, and received a dowry, while her children remained part of her family; this was either of the temporary (mut c a) or more permanent (beena) type; and (b) ba c l, described in the text above, which came to predominate. Cf. Esposito, pp. 100-102; Faruqi, pp. 78-79. / 8 / Smock and Youssef point out that the traditional roles and status of women in Egypt before the advent of Islam were quite different from those in Arabia. Many of the rights introduced by Islam were already held by Egyptian women, and in fact for centuries after the Islamic conquest of Egypt these rights continued to be held. Women even ruled briefly in the tenth and thirteenth centuries. Women's relatively high status there in relation to the rest of the Islamic world was not substantially altered until Turkish rule in 1517. 9/ Here again, however, the facts are subject to more than one interpretation. Fatima Mernissi says about the introduction of the family order over tribal society (1975:39): ". . . the Prophet had a vested interest in having women, made helpless by the breakdown of tribal society, reintegrated into new solidarity units . . . the insti- tution of the family allowed new allegiances, new ways to transfer private possession of goods, while providing at the same time tight controls over women's sexual freedom." Earlier (pp. 32-34) Mernissi argues that many women were opposed to Islam because it jeopardized their relatively advantageous position. /10/ lthna Ash c ari Sh c Islam, however, still allows any number of temporary marriages. /11 / Faruqi (p. 86) also adds that unlike Christianity, Islam puts on woman no blame for original sin; both Adam and his wife are equally responsible. 532 Jane I. Smith /12/ Saneya Saleh, a Muslim woman writing in defense of Islamic provisions for women, comments (p. 42) that ". . . the low status of all women stems from extra- religious conditions in the Middle East. To a limited extent this low status is attributable to the abuses of Islamic law on the part of males." She also insists (p. 38) that this low status is due as much to transplanted laws as it is to extra-Islamic Middle Eastern traditions. /13 / This is not to indicate that a woman was necessarily personna non grata in the Middle Ages of Islamapologists delight in telling about women who were famous as scholars teaching in mosque-universities, transmitters of oral tradition, poets, musicians, occasional warriors for the cause of Islam, scribes and calligraphers, leaders of jurisprudence, and well-known saints and members of Sufi orders. These were a small minority, however, and it is obvious that higher education for women and men was limited to a very few. /14/ Writing from the perspective of Islam in the U. S., for example, Muhammad Abdul Ra'uf of the Islamic Center in Washington, D. C. explains (p. 35): "Advantage should not be taken of the woman's body and her flesh should not be put on public display. . . toleration of an evil leads to other evils. First we condone public exposure; next dating and easy mixing; next, pre-marital 'games', extra-marital relations, and open marriages; next, the elevation of homosexuality to an acceptable normal status; and next, uni-sex marriages. Where, and when, shall we stop? " /15/ In the early days of Islam, polygamy was for the protection of widows and orphans; or, polygamy makes for a stable family unit in society. ". . . the four wives that a Muslim can marry," says Hossein Nasr (p. Il l ), "like the four-sided Ka^ah, symbolize this stability . . . " Others have stressed the positive side of the Prophet's taking a number of wives by saying that this opportunity for him to educate his own wives helped the spread of Islamic education among women in the community, and that strategically such marriages enabled him to contract beneficial liaisons and thus aid the spread of Islam. /16/ The limitation of four wives is a great improvement over the unlimited number available before Islam; or, the Qur'n really favors having only one wife as is evident in its insistence that it is difficult to achieve equal treatment among several wives. /17/ "The triangle of mother, son, and wife is the trump card in the Muslim pack of legal, ideological, and physical barriers which subordinate the wife to the husband," comments Mernissi (p. 79), "and condemns the heterosexual relationship to mistrust, violence and deceit." /18/ This is still attested to by contemporary Muslim conservatives, although with the clear recommendation of lenience and moderation. Some even insist that the woman likes to be beaten and gets pleasure out of submission to man's strength. /19 / This divorce by mutual consent can be of two kinds: khul, which is instituted at the insistence of the wife and therefore involves return of the dower, and mubra'a, in which no compensation on either side is made. /20/ See Prothro and Diab, p. 185. / 21/ Since the law of Personal Status in 1957 in Tunisia, polygamy is prohibited (Tunisia and Morocco also forbid marriage by compulsion); Attaturk in the 1920s in Turkey abolished it in a series of statutes giving women equal rights with men (including the vote, rights of consent in marriage, divorce, inheritance, and the holding Women in Islam 533 of public office). Egypt under Nasser in 1966 attempted to pass a law which, while not eliminating polygamy, made the taking of a second wife grounds for divorce by the first. The bill was withdrawn, however, after active opposition from al-Azhar. President Sadat, despite attempts to improve the situation of women legally, has also been thwarted by the conservative response of the doctors of the Azhar. / 22/ While in the early part of this century the rate was high in comparison with the West, it is substantially lower today. Many of what would appear as divorces are actually only a breaking of the engagement contract. It is true, however, that the rate seems to be rising rapidly in the Gulf States, generally for purposes of profit-making on a lucrative settlement. /23/ Mme. Sha c rawi was not the first to disgard her veil, of course (other upper class women had done so especially in the urban areas of the Levant), but her act was significant because of the public attention it drew. /24/ It is nonetheless true that efforts such as those of Jehan Sadat in Egypt to introduce birth control in the rural areas have been consistently thwarted by the conservative Mullahs. /25/ This is what Greer Litton Fox (p. 806) calls "self-control through the internalization of values and norms . . ." It is important to remember, of course, that this process involves not only negative sanctions but positive rewards both psychologically and practically. /26/ Dodd (1973:40-45) concludes that both urbanization and the political revolutionary mentality have had little lasting effect in changing the male-enforced code of honor, but that continuing education may induce changes in both norms and valuation of Hrd. I Smock and Youssef, p. 57. /28/ Dodd (1968) suggests that in the Arab world any significant role for women outside the home is still far off. His findings indicate that the most important factor in the acceptance by young men of an increased role for women in society at large is the degree of education attained by their mothers. / 29/ P. 192; Ansari here is actually defending the Qur'anic injunction that says the witness of two women is needed to equal that of one man. /30/ P. 113. / 31 / A religious pronouncement issued by the Mufti of Egypt in 1952 went so far as to condemn the granting of the right to vote to women entirely because it would involve them in going to public meetings and thus exposing them to male society. This fatwa was so extreme in its conservative pronouncements concerning the position and status of women as to have incurred a great outcry among many more liberal Muslims. See "Al-Azhar, Islam, and the Role of Women in Islamic Society." /32/ Replying to the 1952 fatwa (note 31) Maulana Abul-Kalam Azad said, "I am astonished to read this report, for if we consider the Philosophy of Muslim Law or the History of Muslim Societies we get an exactly opposite picture. Islam has from its inception denied all distinction between men and women in political as well as public life. . . . " ("Al-Azhar", p. 4) And from the Egyptian Khalid Muhammad Khalid (p. 157): ". . . the fear that, if women were to implement their political rights, they would 534 Jane I. Smith be deterred from their housework and matrimonial duties, is ridiculous. This assump- tion implies that every one of our twelve million women is going to become a member of parliament and that their enjoyment of their right is going to change them funda- mentally, making none of them capable of becoming a wife, a mother, or a mistress of the home." /33/ Typical of the response of contemporary male conservatives to the issue of women praying in public is this statement by Ahmad Galwash (pp. 155-56): "As regards attending public prayers, there is nothing to prevent women from doing so under certain reservations, but it is preferable that they should pray at home. 'It is more meritorious,' said the Prophet, 'that a woman should say her prayers in the courtyard of her house, rather than in the mosque; it is more meritorious that she should say her prayers within the house, rather than in the courtyard; and better still, in her closet, rather than in her house; and all this with a view to conceal her from public view.'" /34/ Sakr, pp. 132-35. / 35 / The Prothro and Diab study of the Levant reveals that women fast much more regularly than they pray, probably because of the social aspect of the breaking of the Ramadan fast. /36/ "Visits to and involvement with saints and sanctuaries are two of the rare options left to women to be, to shape their world and their lives. And this attempt at self-determination takes the form of an exclusively female collective endeavor." (Mernissi 1977:104) /37/ Pp. 336-37. /38/ P. 338. /39/ Pp. 109-10. /40/ "The Arab Woman: Between Tradition and Revolution" (an unpublished lecture delivered in July 1973 at an international gathering of women in Lebanon). /41/ P. 122. /42/ P. 31. /43/ P. 189. /44/ P. 643. /45/ P. ix. Mernissi refuses to accept the argument that Islam sees women as biologically inferior, claiming that subjugation is due rather to male fear of women's potential power. "Paradoxically, and contrary to what is commonly assumed, Islam does not advance the thesis of women's inherent inferiority. Quite the contrary, it affirms the potential equality between the sexes. The existing inequality does not rest on an ideological or biological theory of women's inferiority, but it is the outcome of specific social institutions designed to restrain her power: namely segregation and legal subordination of the woman to the man in the family structure." (pp. xv-xvi) /46/ Ansari, pp. 200-204. /47/ P. 37. /48/ Pp. 160-61. Women in Islam 535 /49/ What roughly can be named a movement for the liberation of women in the Arab world began as part of the broader movement in several Middle Eastern countries, Egypt in particular, for total emancipation. The Egyptian Feminist Union of Huda Sha c rawi maintained a platform in which both socio-political and feminist issues were outlined. Most of the programs of women's organizations (such as the Union of the Daughters of the Nile founded in 1948) were based primarily on social reform, the fight against illiteracy among women, and on the personal status issues of polygamy and divorce. See Doria Shafiq, Aziza Hussein, Joseph Graziani. /50/ P. xxxiv. / 51 / Sanaa Makhlouf, taken from comments made at a symposium on Feminism and Non-Western Women at the Center for the Study of World Religions, Harvard, April 24, 1978. /52/ See Haddad (p. 67): "Liberation is not freedom from obedience to men, or freedom from restrictions on the faith; rather, liberation must be free from corruption and alienation that have been brought about by Western impingement on the East." /53/ 1975:ix. /54/ P. 175. /55/ ". . . Islam ascribes to each sex an equal status and a complementary role." (Saleh, p. 42) Cf. Devaki Jain, p. 10: "These female-versus-male attitudes are often rejected because of concepts in both Eastern religious and agrarian peasant work patterns that are based on the assumption of unity and complementary functions of male and female." /56/ P. 101. /57/ See note 51. /58/ Patriot Ledger (Quincy, Massachusetts), Tuesday, August 29, 1978. 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