Does Islam Constrain or Liberate Women?

DOES ISLAM CONSTRAIN OR LIBERATE WOMEN?

Few issues in the Islamic culture has attracted as much interest – and yet proven so susceptible to stereotyping – as issues concerning women. Women in Islamic societies have been the subjects of images and generalisations, romantic orientalist tales and feminist expose. For many non-Muslims, the subject of women in Islam is characterised by images of deserts, harems, veils and subordination. However, many Muslims counter this by stating that Islam liberates women – but they often present an ideal – without the problems and issues encountered in the diverse experiences of Muslim women. The study of Islam and Muslim society is complex, reflecting the diverse and varied realities of Muslim women and Muslim societies throughout the ages. The status of women in Islam was profoundly affected not only by the fact that Islamic belief interacted with and was influenced by various cultures, but also the fact that the primary interpreters of the Koran and the makers of the Islamic Laws and traditions were men from this culture.

However, the western perceptions of Islamic women have been subjective – in many of the literatures about Islam and gender – it is not the Muslim women who are heard, but that of Westerners speaking for them. But, recently these women have been voicing their opinions. They feel Islam has within its scope the power to liberate women as the Koran places men and women in equal positions. But the Laws that had been formed ages ago are just a reflection of the patriarchal society of that time. As Prof. Leila Ahmed said, men over the ages have tended to “black out the egalitarian message”. This debate about whether Islam liberates or constrains women, therefore seems to be a bit controversial. I feel that Islam has the capacity to liberate women but the laws and interpretations that have been enforced over the ages have not just constrained women, but in many cases placed them in a position of an object – no more better than a slave. Both sides of this debate thus needs to be looked at, along with a look at the relationship between Islam and feminism.

Feminism, which already has a wide variety of theories and expressions, has seen another dimension added to it with the advent of Islamic feminism. ‘Such feminism is unique in conjuring up delicate and challenging issues for political and religious authorities as well as for scholars in a world of a billion Muslims.’ [Yamani, 1996] Islamic feminists stress on the point that it is the patriarchal interpretations of Islam that oppress women and not Islam per se. From the beginning, Muslim men have interpreted their scriptures in the light of socio-economic and political situations. This text has thus served as both the foundation and as the point of convergence of many different interpretations. Also the colonisation of the East by European powers involving the ‘abuse of female sexuality and the sexual objectification and exploitation of native women’ by the colonisers, seem to be very similar to contemporary Islamic societies of the time. As Moghissi puts it, ‘colonial or home grown, externally imposed or locally generated, compelled by Koranic injunctions and Sharia rulings or the erratic interpretations of local ulema, the ‘Muslim woman’, her sexuality and her moral conduct, has remained a central preoccupation of Muslim men over many centuries. This preoccupation has been translated into institutions, policies, legal practises and personal status codes which determine women’s life options and the extent of woman’s participation in public life.’ [ Moghissi, 1999 : 18-19]

However, the 20th century has seen women being active in their own right in the interpretation of the Koran. The bulk of Islamic ideology though being interpreted by and being adopted by men, women have nevertheless managed to hold a presence, albeit a small one. The Islamic feminists in the recent years argue that ‘Islam as a religion has always had to accommodate women’s specific needs.’

[ Afshar, 1996 : 199] The feminist interpretation of the Islamic texts stress on the rights of women that are ...

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[ Afshar, 1996 : 199] The feminist interpretation of the Islamic texts stress on the rights of women that are mentioned in these doctrines. Afshar argues that, Islamic history offers modern feminists role models instead of Western ones ‘which are alien to them and generally viewed as a tool of patriarchal capitalism.’ [ Yamani, 1996] The Prophets wives – Khadija, who was a business woman and A’isha who was a prominent religious and political leader – even his daughter Fatima, are the idealised role models for Islamist Feminists. However, as in all theories – putting the ideas of the reinterpreted Koran into practise have not been widely achieved. ‘Although Islam does provide a space for women, it has been as difficult for Muslim women, as for their western counterpart, to obtain and maintain their rights.’ [ Afshar, 1996 : 201] The element of oppressing women has been a constant presence throughout Islamic history. Thus even with many Muslim nations pursuing modernisation and development that were Western inspired, developments in the field of gender relations has proven to be both complex and enigmatic.

National liberation and emerging forms of nationalism provided the context for political and social developments in many arenas. However, while Muslim governments had borrowed heavily from the institutions of the West in political, economic and legal development, Muslim family law was generally not replaced by Western civil codes but reformed through legislation that affected laws of marriage, divorce or inheritance. But, to what extent have these reforms affected the definiton of gender – the roles and status of women in society – in terms of authority or decision making? The answer is – very insignificantly. However, the practise of viewing women as objects is not a new one and historical analysis shows us that the position of Islamic woman is not just determined by her religion, but also the socio-economic and political conditions of that time. As said earlier, theory does not always translate into practise. Such was the case in the early interpretations and their implementations derived from the Koran. ‘For example, while the Koran clearly lays down that women can inherit (usually half the share of men), is some Muslim societies their share was cut, with properties transformed into trusts, waqf. The dowry, mahr, legally owing to the bride has often been retained in practise by her family. Furthermore, since there is no concept of joint property in Islam, her wealth is, in some cases, unjustly used by her husband as his own. [ Yamani, 1996]

The Islamic family law also allows polygamy for men – with them being allowed to marry up to four wives. However, the Koran says that each of these four wives have to be treated equally. Recently it has been admitted that doing so is not humanly possible, and some Islamic states have tried to reform this law – but in most cases it has been ineffective. It has resulted instead in the spreading of male debauchery and greed. The marriage contract contains a clause mentioning, the women’s rights on divorce. This, in most cases is blacked out by male relatives of the bride during the marriage and many women are ignorant of the existence of such a clause! Another highly discriminatory law is that women’s evidence is worth half of that of men! This clause allows the guilty to be let off free in cases of rape etc where the victim instead is condemned. Questions of veiling again are highly debatable. Does it really liberate women? Do they have a choice in choosing to wear it? Does it protect them and erase class boundaries? Not really.... In many cases veiling just mystifies the woman with the men wanting to know ‘what lies beneath’ and bestowing unwanted attention in many cases on the women. Many countries like

Arabia does not give women a choice in veiling. It’s compulsory and non-compliance results in the women being legally punished or worse – being publicly stoned.... In some cases stoned to death. Nor does veiling prevent sexual harassment and rape. Thus, the issue of constrainment within Islam for women is quite serious. A case study of a country like Iran after the revolution reveals that women were far from being the legal or social equal of men. In fact, the new governments cleansing and purifying campaigns located the site of social sickness in the body of women! To eradicate ‘Westoxification’ unveiled women were repeatedly attacked and the veil and an elaborate code of modesty was eventually imposed. ‘Incontestably misogynous interpretations of Islamic notions of gender set the political agenda of the new government.’

In spite of these facts, many Muslim women still insist Islam is a liberating force. They argue that the Islamic law is the product of divine law or sharia as understood, interpreted and applied by male religious scholars in the past and preserved in legal texts and manuals. Also they point out that the Koran reformed but did not replace the Arabian patriarchal tribal societies and their customary laws. The Koranic reforms, in many cases, enhanced or enforced the status of women at that time. Throughout much of Arabia women were often treated as objects – with no rights what so ever. These tribal societies of pre Islamic Arabia were completely patriarchal, and a woman’s only identity was that of a wife, a mother or a daughter. Islam outlawed female infanticide, emphasised a woman’s right to contract marriage, refuse marriage, get economic support in marriage, enjoy sexual pleasure and participate in religious ceremonies. Also it granted a woman inheritance rights and control over property and it tried to protect the rights of widows and children. The Sunni’s also gave the women the right to divorce at the time of marriage and allowed them access to contraception and abortion. Though polygamy continued to be practised the number of wives was limited to four, and guidelines were provided for the just and equal treatment of the co – wives. While (among other than the Sunni’s) men had the right to divorce, the Koran advocated Equity and responsibility and stipulated maintenance, child support and a period of reconciliation.

This attraction to return to Islam – seen as a liberating force- thus probably does make sense. As Prof. Leila Ahmed says, the interpretation of the Koran by men was what probably doomed the life of nearly all women thereafter. But, the fact remains that the Koran does give rights to women that were unprecedented at that time, even under Christianity. The idea of veiling also arises from the stipulation that all men and women should be modestly dressed. Also, if the veil gives Muslim women the freedom to access higher education and the public sphere – areas previously barred to them – there is no reason why Western critics have to be question it. Although, the question does remain that why these women have to veil to gain this right. But, in accordance to the history and the reality of their society, veiling probably does give them greater freedom than what they would have had got otherwise.

Liberation and oppression of women in Islamic societies again vary across classes. In many cases, the laws of the Sharia do not affect the upper class women as much as it affects her poorer sister. On the other hand, the elite women are often faced with a greater social and moral responsibility to carry. Thus, even if they come from the upper classes and have had access to good education, they are expected to be subservient to their husband. Also, often they do not have the economic independence of the poorer woman and the subsequent sense of power achieved from it.

Thus, in the light of all these arguments, I think it is best to say that Islam –as in the sayings of the Koran – has the scope to liberate women. But the laws derived from it’s interpretations by men under definite socio-historical contexts and it’s implementation over the ages, still perceive women as ‘things’, constraining them and denying them the right to power and authority.

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BIBLIOGRAPHY

Moghissi, H (1999) Feminism and Islamic Fundamentalism : The Limits of Post-modern Analysis, London : Zed
Yamani, M (ed.) (1996) Feminism and Islam, Reading : Ithaca Press
Najambadi, A (1991) ‘Hazards of Modernity and Morality : Women, State and Ideology in Contemporary Iran’, in D. Kandiyoti (ed.) Women, Islam and the State, London : Macmillan, pp. 48-76
Watson, H (1994) ‘Women and the Veil : Personal Responses to Global Process’, in A.S. Ahmed and D. Hastings (eds.) Islam, Globalisation and Post-modernity, London : Routledge, pp. 141-159