Religion v Politics.

Religion v Politics

Iran is more comparable to a theocracy on the whole then many of the classical examples of this system of rule that exist e.g. Pakistan, Libya, Saudi Arabia, in which religious experts on the holy law have real policy influence. Iran was led by the Ayatollah Khomeini in the Islamic Revolution in 1979, he advocated a secular government constrained by a ‘theocratic guardianship’ (I. McLean, 1996, pg. 495) to prevent policy falling out of line with holy law. Thus, the post-revolutionary state and its theocrats had a distinct understanding of women’s place in society and the Islamic Iranian Constitution placed them resolutely within the home. But Iranian women have rejected this designated role and have “insisted on their right to participate fully in the political destiny of the nation” (H. Afshar, 2002, pg. 109). Iranian women justify their modern understanding of Islam by the traditional method of returning to the inception of the faith and emulating the paths chosen by the rightful; in this case, the paths chosen by the women associated with the Prophet Muhammad who played important parts in shaping the political destiny of Islam. This process of re-interpretation of the holy texts was a task undertaken by men for men in the past. However, as larger numbers of women gained access to education, and sought Islamic as well as secular learning, Muslim women were able to claim back rights that were given to them by God and denied to them by men.

Large parts of the Qu’ran are difficult to interpret; this is partly due to “obscure references as well as the traditional arrangement of chapters and verses in which unrelated passages are interspersed” (R. Roded, 1999, pg. 27). Only one woman is actually named in the Qu’ran (Khadijah, the wife of Muhammad), but a large number of verses refer to women “some 80 per cent of the legal material in the Qu’ran refers to women” (R. Roded, 1999, pg. 27). These include revelations specific to women or to relations between men and women, and laws relevant to marriage, divorce, inheritance etc. One of the most controversial statements in the Qu’ran, one which has been debated by classical, modernist and feminist interpretations is the opening phrase of verse 4:34, The Women, “Men have authority over women because God has made one superior to the other” (The Qu’ran, pg. 64). Classical analysis explained this phrase as referring to the dominance of men over women in a number of religious, political and intellectual fields and was frequently quoted to justify the exclusion of women from positions of authority over men. However, modernist Muslim translator A. Ysuf Ali believes the phrase as “men are the protectors and maintainers of women” (R. Roded, 1999, pg 28) and others have taken the phrase one step further by claiming the concept of moral guidance.

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Another controversial issue regarding women contained in the Qu’ran is the seeming recommendation to “beat” (4:34, The Qu’ran, pg. 64) disobedient wives. Within this framework of the ethical message of Islam, classical Muslim scholars tried to protect women from undue violence from men, but they did not question a man’s right to “admonish” (4:34, The Qu’ran, pg 64) his wife. It is can be argued that Islam provides a more secure basis for political equality than much of the Christian West, since Islamic law and indeed the Qu’ran allows women to own property in their own right: “If you find them capable of sound judgement hand over to them their property, and do not deprive them of it” (The Qu’ran, 4:6, pg. 61). However, the fact that women have been allowed to own property through the eyes of Islamic law and Islamic religion has not made a significant difference to the restrictions imposed on their real civil and political equality “since legally sanctioned patriarchal structures of power persist in the private ‘sphere’” (Potter, 1997, pg. 340).

The early Islamic community was a simple, tribal society and neither the Qu’ran nor the deeds and sayings of the Prophet contain a political theory or detailed rules of public administration appropriate to a large, complex state like Iran. According to Sunni Islamic tradition, the first four righteous Caliphs developed principles and institutions of governments in response to the needs of the growing Islamic empire. Modern Western historians have usually cited foreign, Graeco-Roman or Sassanian Persian concepts and Institutions as the sources of Islamic government. As a scholar and judge who undertook various posts in government service, Mawardi (364-450) was uniquely placed to compose a classic work of Islamic public law. His approach is that of a Muslim scholar and his rules of public administration are derived from the Qu’ran, the hadith and the opinions of legal experts. Mawardi’s interpretation of the Qu’ran was towards the subordination of women.

Crucial to the question of the Islamicity of state and society are the laws and rules of family relations and female demeanour. Apart from the symbolic and highly visible hejab, which continues to be enforced, the Republic has retreated on many fronts. The Family Protection Laws of the ancient regime were at first denounced as un-Islamic and repealed in favour of the classic Shari’a provisions giving husbands and fathers wide powers (control of wives, renunciation at will, custody, denial of alimony) to the detriment of women and children. Khomeini also ruled that family planning and birth control were forbidden to Muslims, and abolished the programmes initiated by the previous regime, denouncing them as “imperialist conspiracies against Islam” (Zubaida, 2000, pg.65). Under political pressure from influential Muslim women groups and policy convenience, successive legislative steps more or less restored the provisions of family laws of the past, giving greater rights to the protection of women. On family planning, Khomeini and the Republic under threat of one of the highest fertility rates in the world, did a complete reversal and re-started contraception programmes, and a publicity campaign to reduce the birth rate. This raises the issue of whether the Islamic religion and politics are compatible?

An examination of the constitution in Iran will be an insightful opportunity in order to survey the extent to which the religion shapes the political structure and constraints within the politics. In the Iranian constitution the Sovereign Powers are independent of each other, but all of them are subject to the absolute authority and leadership of the Spiritual Leader (Ayatollah Khamenei). Therefore the principle separation of powers does not govern in the constitution. Most notable is the election of President Khatami by an absolute majority (of which women played a significant role) that indicates the public’s increasing demand for political freedom and an increased role of the people within the political sphere. According to Article 177, any amendment to the constitution is dependent upon the Leaders’ assent; however, the likelihood of the Leader’s willing consent to the amendment decreasing his authority appears improbable. Furthermore, Article 177 requires that the substance and spirit of the Articles of the constitution relate to the Islamic foundation of the system and to Islamic criteria for constituting the basis for all rules and regulations, and the Velayat-e-Amr va Imamat-e-Ommat (Politico-Religious Leadership of the Nation by the Leader). Therefore not even an absolute majority of the people holds enough power to alter the Leaders authority.

Article 21 of the constitution is specific to Women Rights and states “The government must ensure the rights of women in all respects, in conformity with Islamic criteria, and accomplish the following goals: 1) create a favourable environment for the growth of woman’s personality and the restoration of her rights, both the material and intellectual”1. Article 20 of the constitution is related to Equality Before Law, regarding men and women and states “All citizens of the country, both men and women, equally enjoy the protection of the law and enjoy all human, political, economic, social, and cultural rights, in conformity with Islamic criteria”2. Therefore, according to the Iranian Constitution, women are granted permission to enhance their learning and are allowed to equally participate in Iranian society in all fields. The reality is somewhat different. Due to the ambiguity of the constitution, women do not have a precise idea of their legal rights. They can be elected or appointed to any of the seven positions (Leadership, Executive, Legislative, Judiciary, Assembly of Experts, National Security Council, Assembly of Expediency Discernment), unfortunately they live in a situation where males have interpreted the vague laws.

Although the constitution does not exclude women from participating in public, the conditions and qualifications stated in the constitution historically and traditionally apply only to men. Emphasis on qualifications and titles such as Islamic knowledge to issue decree (fatwa), exegesis of divine law on matters of theology and law (ejtehad), and righteous consultations, are requirements for candidates seeking to gain Leadership. Historically and culturally these are indications of men. These words and phrases clearly eliminate women.

In Iran, the country of popular revolution that became Islamic, there is now a move away from Islamic government. Islamic ideology and institutions, in becoming part of the state and politics, lost their sanctity and charisma. They became “embroiled in factional fights and transparently corrupt practices” (Zubaida, 2000, pg. 66). Khomeini’s successor as Leader is not distinguished by religious rank or charisma; rather Khamenei is associated as a political appointment. These developments have the effect of “distancing Islam from politics and government, in favour of a new Muslim humanism” (Zubaida, 2000, pg. 67). The conservative forces typically and strenuously resist these innovations and departures.

The constitution clearly displays signs of a democracy that if followed could be implemented in Iranian politics. The problem lies in the fact that the real power lies in the hands of the Spiritual Leader Khamenei who places precedence on the Islamic scriptures and religion. Within this context it can be argued that women may possibly never be equal to men, as the roots of this ideology lie powerfully embedded in the Qu’ran “because God has made one superior to the other” (The Qu’ran, 4:34, pg. 64).

1 www.oefre.unibe.ch/law/icl/ir00t__.html

2 ibid