human rights &women in islamic law

Human Rights Human Rights &Women in Islamic &Women in Islamic

LawLawoffered by:offered by:

Prof.Dr.Muhammad Zia-Ul-HaqProf.Dr.Muhammad Zia-Ul-Haq

Dean Faculty of Shariah & LawDean Faculty of Shariah & Law

International Islamic University, Islamabad International Islamic University, Islamabad

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Religions & Women Rights Religions & Women Rights

The issue of women’s human rights has become a The issue of women’s human rights has become a separate category of analysis in relatively recent separate category of analysis in relatively recent human rights scholarship and is at the centre stage in human rights scholarship and is at the centre stage in the discourse on human rights. Religion plays a the discourse on human rights. Religion plays a pivotal role in the way women are treated around the pivotal role in the way women are treated around the world, socially and legally. ‘The two major world, socially and legally. ‘The two major challenges to all human rights and especially those of challenges to all human rights and especially those of women in the twenty-first century will be the forces women in the twenty-first century will be the forces of religious extremism and economic globalisation’. of religious extremism and economic globalisation’. Some Scholars argues that: ‘religious Some Scholars argues that: ‘religious fundamentalism poses the most acute problems for fundamentalism poses the most acute problems for women’s equality’. women’s equality’.

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Islamic Law & Women (Western Islamic Law & Women (Western Perception)Perception)

It is believe in West that Islamic statutory laws It is believe in West that Islamic statutory laws practiced in many Muslim jurisdictions practiced in many Muslim jurisdictions wherein men and women are treated wherein men and women are treated unequally. The general areas of tension unequally. The general areas of tension between human rights standards and Islamic between human rights standards and Islamic law (as interpreted and practiced by Muslim law (as interpreted and practiced by Muslim states) are the unequal treatment of women states) are the unequal treatment of women and religious minorities, freedom of religion.and religious minorities, freedom of religion.

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Opinions of Muslim Scholars Regarding Opinions of Muslim Scholars Regarding

Women RightsWomen Rights

In Islamic human rights scholarship, a distinction In Islamic human rights scholarship, a distinction should be made between the positions of Islamic should be made between the positions of Islamic states and that of the scholars of Islam. The states and that of the scholars of Islam. The scholars of Islam may be broadly divided into scholars of Islam may be broadly divided into following categories:following categories:

1-Modernists,1-Modernists,2-Conservatives 2-Conservatives 3-Fundamentalists or Integrates 3-Fundamentalists or Integrates

Compatibility of Islam with Compatibility of Islam with human Rights human Rights

Is Islam compatible with human rights? This Is Islam compatible with human rights? This fundamental question has generated a large body of fundamental question has generated a large body of literature addressing the question from different, literature addressing the question from different, often opposing, positions. The literalist reading of often opposing, positions. The literalist reading of Islam emphasizes the gaps between the limits of Islam emphasizes the gaps between the limits of tolerance and acceptability in the Quràn and Hadith tolerance and acceptability in the Quràn and Hadith on the one hand, and internationally-sanctioned on the one hand, and internationally-sanctioned standards for human rights. The status of women and standards for human rights. The status of women and religious freedom are often the two key area of religious freedom are often the two key area of contention. contention.

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literalist reading of Islam literalist reading of Islam

It is perhaps ironic that the literalist reading of It is perhaps ironic that the literalist reading of Islam has been adopted by two very distinct Islam has been adopted by two very distinct groups. On the one hand some traditionalist groups. On the one hand some traditionalist Muslim leaders, have taken up a tough Muslim leaders, have taken up a tough attitude toward the idea of a human rights attitude toward the idea of a human rights regime because that is seen as nothing more regime because that is seen as nothing more than a cover for a neo-colonial attempt at than a cover for a neo-colonial attempt at regaining domination over the Muslim world regaining domination over the Muslim world by Western powers. by Western powers.

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The fact that the normative framework of the human The fact that the normative framework of the human rights regime emerged in the halls of the United rights regime emerged in the halls of the United Nations where Western powers tend to set the agenda Nations where Western powers tend to set the agenda is seen as proof by the human rights skeptics of a is seen as proof by the human rights skeptics of a Western conspiracy. And by some the principles Western conspiracy. And by some the principles enshrined in the Universal Declaration of Human enshrined in the Universal Declaration of Human Rights were seen as contravening the Shari’a. Rights were seen as contravening the Shari’a. Accordingly, this Declaration (adopted in 1948 by the Accordingly, this Declaration (adopted in 1948 by the United Nations) was rejected by Saudi Arabia as un-United Nations) was rejected by Saudi Arabia as un-IslamicIslamic

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This perspective is shared by groups like the Taliban This perspective is shared by groups like the Taliban in Afghanistan, or the trans- national Islamist group in Afghanistan, or the trans- national Islamist group Hizb ut-Tahrir which argue that Islamic injunctions in Hizb ut-Tahrir which argue that Islamic injunctions in the text are perfect and eternal. Adopting anything the text are perfect and eternal. Adopting anything that contradicts or deviates from them, therefore, is that contradicts or deviates from them, therefore, is forbidden. The above position rests on the belief that forbidden. The above position rests on the belief that the Quràn and Hadith are immutable. Emphasizing the Quràn and Hadith are immutable. Emphasizing the timeless and eternal nature of Islamic junctions the timeless and eternal nature of Islamic junctions presents a challenge for its application in the presents a challenge for its application in the contemporary era, some fourteen centuries after their contemporary era, some fourteen centuries after their

articulationarticulation. . 04/21/2304/21/23


Indeed some Scholars use the very point Indeed some Scholars use the very point regarding the temporal modification of Islam regarding the temporal modification of Islam to criticize ruling regimes. For example, the to criticize ruling regimes. For example, the famous father of Islamism Sayed Qutb, famous father of Islamism Sayed Qutb, rejected the Egyptian regime for allowing rejected the Egyptian regime for allowing society to astray from the path of Islam and society to astray from the path of Islam and permitting Islam to be contaminated by permitting Islam to be contaminated by contemporary influencescontemporary influences

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literalist approach to Islam and literalist approach to Islam and human rights and West human rights and West

IIn a mirror image of this literalist approach to Islam n a mirror image of this literalist approach to Islam and human rights, critics have presented the two as and human rights, critics have presented the two as poles apart and insisted on the incapacity of Islam to poles apart and insisted on the incapacity of Islam to reform itself. Authors such as Bernard Lewis and reform itself. Authors such as Bernard Lewis and Daniel Pipes have argued that Islam contradicts Daniel Pipes have argued that Islam contradicts modern human rights norms and conventions as it modern human rights norms and conventions as it reflects the norms and conventions of the seventh reflects the norms and conventions of the seventh century civilization of Arabia. In an ironic twist, they century civilization of Arabia. In an ironic twist, they add their voice to the literalist Islamic approach by add their voice to the literalist Islamic approach by

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Approach of Bernard Lewis Approach of Bernard Lewis

Lewis has argued that there is an inherent Lewis has argued that there is an inherent resistance to democratic governance as the resistance to democratic governance as the notion of a ‘corporate or majority decision’ notion of a ‘corporate or majority decision’ through electoral means is an ‘alien’ concept through electoral means is an ‘alien’ concept in many Islamic societies, with violent in many Islamic societies, with violent contestations, in this view, seen as the norm . contestations, in this view, seen as the norm . Echoing the literalist approach to Islam, Lewis Echoing the literalist approach to Islam, Lewis insists on the incompatibility of Islam and insists on the incompatibility of Islam and modernity. modernity.

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Approach of Daniel PipesApproach of Daniel Pipes

Daniel Pipes, former appointee by the Bush Administration to Daniel Pipes, former appointee by the Bush Administration to the United States Institute of Peace, leads the charge in the United States Institute of Peace, leads the charge in seeking to highlight what he claims is the ‘historically-abiding seeking to highlight what he claims is the ‘historically-abiding Muslim imperative to subjugate non-Muslim peoples’ (2006). Muslim imperative to subjugate non-Muslim peoples’ (2006). The conclusion Pipes draws is that ‘ultimately, there is no The conclusion Pipes draws is that ‘ultimately, there is no compromise’ with Muslim communities and what he sees as compromise’ with Muslim communities and what he sees as the inherent absolutist drive of the religion, one that, in his the inherent absolutist drive of the religion, one that, in his own words, asks the question of whether ‘the West [will] own words, asks the question of whether ‘the West [will] stand up for its customs and mores, including freedom of stand up for its customs and mores, including freedom of speech, or will Muslims impose their way of life on the West?’speech, or will Muslims impose their way of life on the West?’

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Opinion of Abdullah Saeed-1Opinion of Abdullah Saeed-1

Abdullah Saeed, among others, has argued that there Abdullah Saeed, among others, has argued that there is nothing certain and undeniable about the literalist is nothing certain and undeniable about the literalist approach. In recognizing that, Saeed advocates approach. In recognizing that, Saeed advocates recognition of human agency and an acknowledgment recognition of human agency and an acknowledgment of the context to help give meaning to the text. Such of the context to help give meaning to the text. Such contextualization offers new opportunities for contextualization offers new opportunities for exploring the relevance of Islam to contemporary exploring the relevance of Islam to contemporary conditions and the challenges faced by Muslims conditions and the challenges faced by Muslims today.today.

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The above recommendation holds significant promise The above recommendation holds significant promise on the question of compatibility between Islam and on the question of compatibility between Islam and human rights. An increasing number of Muslim human rights. An increasing number of Muslim thinkers in modern times have tried to move away thinkers in modern times have tried to move away from ideological rigidity, emphasizing instead the from ideological rigidity, emphasizing instead the essence and core values embedded in the holy text. In essence and core values embedded in the holy text. In this perspective, restrictions on women and religious this perspective, restrictions on women and religious freedom which are applied in most Muslims societies, freedom which are applied in most Muslims societies, are challenged as contradictory to the essence of are challenged as contradictory to the essence of Islam.Islam.

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Accordingly, Islam is seen to be founded on the Accordingly, Islam is seen to be founded on the principle of unity between God and the humankind; principle of unity between God and the humankind; piety and personal devotions are key to the ideal piety and personal devotions are key to the ideal Islamic state. This approach places the individual, the Islamic state. This approach places the individual, the Muslim believer, as the conscious actor on the centre Muslim believer, as the conscious actor on the centre stage, and may therefore be called the humanist stage, and may therefore be called the humanist approach. In this vein Ali Abootalebi, a former approach. In this vein Ali Abootalebi, a former associate of the Iranian President Muhammad associate of the Iranian President Muhammad Khatami, has argued in favor of ‘freedom of thought Khatami, has argued in favor of ‘freedom of thought and expression, including freedom from government and expression, including freedom from government control and suppression’control and suppression’

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Opinion ofAbdullah Ahmed An-Opinion ofAbdullah Ahmed An-Na’im Na’im

He has argued for the religious neutrality of the state in He has argued for the religious neutrality of the state in Muslim communities. For An-Na’im, Islamic thought can be Muslim communities. For An-Na’im, Islamic thought can be injected with renewed vitality and flexibility through the injected with renewed vitality and flexibility through the process of process of ijtihad ijtihad as a means to maximise the ability of as a means to maximise the ability of Muslims to exercise their human agency. In other words, this Muslims to exercise their human agency. In other words, this perspective perspective focuses on the need for Muslim communities to focuses on the need for Muslim communities to reconcile with the human rights regimereconcile with the human rights regime , not to manipulate , not to manipulate the concept of human rights to further particular social the concept of human rights to further particular social interests. This allows for Muslim communities to engage with interests. This allows for Muslim communities to engage with the human rights regime on their own terms. This also helps the human rights regime on their own terms. This also helps undermine the view of human rights as a ‘Western’ concept undermine the view of human rights as a ‘Western’ concept imposed on Muslim communities. This approach contains imposed on Muslim communities. This approach contains significant implications for the idealized Islamic state. significant implications for the idealized Islamic state.

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Khaled Abou El Fadl, s Humanist Approach-Khaled Abou El Fadl, s Humanist Approach-1 1

In the words of Khaled Abou El Fadl, the In the words of Khaled Abou El Fadl, the Quràn ‘does not specify a particular form of Quràn ‘does not specify a particular form of government’ (2004: 5). In a direct challenge to government’ (2004: 5). In a direct challenge to the literalist reading of Islam especially that the literalist reading of Islam especially that adopted by Islamist groups, El Fadl insists on adopted by Islamist groups, El Fadl insists on the importance of values: justice, consultative the importance of values: justice, consultative government, mercy and compassion are government, mercy and compassion are essential values for Muslim policy. essential values for Muslim policy.

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Khaled Abou El Fadl, s Khaled Abou El Fadl, s Humanist Approach-2 Humanist Approach-2

The humanist approach in Islam offers significant The humanist approach in Islam offers significant promise, not only in Muslim majority societies enthused by promise, not only in Muslim majority societies enthused by the prospects of establishing an Islamic state but also for the prospects of establishing an Islamic state but also for the Muslim Diaspora. One of the challenging features of the Muslim Diaspora. One of the challenging features of globalization in the latter part of the twentieth century has globalization in the latter part of the twentieth century has been the movement of a significant number of people from been the movement of a significant number of people from the Muslim world to territories that have traditionally the Muslim world to territories that have traditionally been regarded as foreign. Muslim settlements in Europe, been regarded as foreign. Muslim settlements in Europe, the United States, and in subsequent years Canada and the United States, and in subsequent years Canada and Australia, have presented difficult questions to migrant Australia, have presented difficult questions to migrant communities and their hosts regarding the precedence of communities and their hosts regarding the precedence of one rule over another. one rule over another.

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Humanist ApproachHumanist Approach

In other words, to what extent should In other words, to what extent should Muslim minorities in the West follow and Muslim minorities in the West follow and obey secular law? In the literalist obey secular law? In the literalist perspective, the dichotomy of Shari’a perspective, the dichotomy of Shari’a versus secular law is absolute. But the versus secular law is absolute. But the humanist approach to Islam moves beyond humanist approach to Islam moves beyond the apparent dichotomy and questions the the apparent dichotomy and questions the assumed contradiction between the two. assumed contradiction between the two.

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The Opinion of Tariq RamadanThe Opinion of Tariq Ramadan

Tariq Ramadan, perhaps the best known author on Tariq Ramadan, perhaps the best known author on this matter, has argued that the Western-style secular this matter, has argued that the Western-style secular law is very much inspired by the same core values law is very much inspired by the same core values that rest at the heart of Islam. Writing on the question that rest at the heart of Islam. Writing on the question of being a good citizen and a Muslim in Europe, of being a good citizen and a Muslim in Europe, Ramadan has emphasised the principles of fairness, Ramadan has emphasised the principles of fairness, equity and justice as common to Islamic equity and justice as common to Islamic jurisprudence and secular law (which is ironically jurisprudence and secular law (which is ironically inspired by Judea-Christian traditions). Consequently, inspired by Judea-Christian traditions). Consequently, he sees no contradictions between the two he sees no contradictions between the two

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The Opinion of Tariq RamadanThe Opinion of Tariq Ramadan

In this approach, Muslims in the West can abide by In this approach, Muslims in the West can abide by secular rules that govern their country of adoption secular rules that govern their country of adoption without fear of violating Islamic principles. The without fear of violating Islamic principles. The liberal and tolerant nature of European states liberal and tolerant nature of European states facilitates this interpretation because it allows facilitates this interpretation because it allows significant freedoms to individuals to pursue their significant freedoms to individuals to pursue their interests, beliefs and traditions. In other words, interests, beliefs and traditions. In other words, individual liberties enshrined in liberal democracies individual liberties enshrined in liberal democracies offer sanctuary to the Muslim diaspora.offer sanctuary to the Muslim diaspora.

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Challenges to the Humanistic Challenges to the Humanistic Approach Approach

It is important to note here that Western liberal democracies It is important to note here that Western liberal democracies meet the qualifications set out by El Fadl for legitimate meet the qualifications set out by El Fadl for legitimate political authority. In some cases, however, the humanist political authority. In some cases, however, the humanist position on the compatibility of secular law and Islamic position on the compatibility of secular law and Islamic principles faces serious challenges, as became evident in principles faces serious challenges, as became evident in France under the new law banning hijab at schools. This ban, France under the new law banning hijab at schools. This ban, which came into force in 2004 appeared to reverse the tolerant which came into force in 2004 appeared to reverse the tolerant traditions of France and put Muslim girls wearing hijab and traditions of France and put Muslim girls wearing hijab and their families in a difficult dilemma: either remove the hijab to their families in a difficult dilemma: either remove the hijab to attend school or keep the hijab and be excluded from public attend school or keep the hijab and be excluded from public education. education.

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Some French Muslims have responded by Some French Muslims have responded by weighing the costs and benefits of the weighing the costs and benefits of the alternatives and opted to stay in the education alternatives and opted to stay in the education system, even if that means removing the system, even if that means removing the hijab.3 For most French Muslims, however, hijab.3 For most French Muslims, however, that is not an acceptable compromise. Islamic that is not an acceptable compromise. Islamic reformism which is at the heart of the reformism which is at the heart of the humanist approach is still in its infancy and humanist approach is still in its infancy and stumbling from one challenge to the next. stumbling from one challenge to the next.

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An ongoing issue that is still to be addressed by An ongoing issue that is still to be addressed by reformist thinkers in Islam is the position of non-reformist thinkers in Islam is the position of non-Muslims in Muslim societies. To what extent does the Muslims in Muslim societies. To what extent does the humanist interpretation of Islam, which emphasises humanist interpretation of Islam, which emphasises the intrinsic values of individual piety and freedom to the intrinsic values of individual piety and freedom to pursue a personal path to divinity may be applied to pursue a personal path to divinity may be applied to non-Muslim individuals and minority groups? More non-Muslim individuals and minority groups? More specifically, what role is set aside for non-Muslims in specifically, what role is set aside for non-Muslims in Muslim majority states?Muslim majority states?

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Present Muslim Societies and Present Muslim Societies and Human Rights Human Rights

The question of compatibility between Islam and human rights The question of compatibility between Islam and human rights in Muslim majority states is an urgent and topical issue, partly in Muslim majority states is an urgent and topical issue, partly because most such states in the Middle East suffer under the because most such states in the Middle East suffer under the yoke of authoritarian rule while the United States has made yoke of authoritarian rule while the United States has made democracy promotion and protection of human rights its top democracy promotion and protection of human rights its top mission in this oil-rich region. The most immediate mission in this oil-rich region. The most immediate beneficiaries of any move towards greater freedoms tend to be beneficiaries of any move towards greater freedoms tend to be Islamist groups in opposition, which might explain why the Islamist groups in opposition, which might explain why the latter has adopted a conciliatory (sometimes enthusiastic) latter has adopted a conciliatory (sometimes enthusiastic) position towards human rights, freedom and democracy.position towards human rights, freedom and democracy.

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Present Muslim Societies and Present Muslim Societies and Human Rights Human Rights

Appeals to values of liberalism and human rights by Islamist Appeals to values of liberalism and human rights by Islamist groups have precipitated a debate in policy and academic groups have precipitated a debate in policy and academic circles about the relationship between political expediency and circles about the relationship between political expediency and principles. Are Islamists using human rights as a pretext to principles. Are Islamists using human rights as a pretext to push their own agenda that is inherently intolerant and push their own agenda that is inherently intolerant and totalitarian? Or in the words of Neil Hicks, Director of the totalitarian? Or in the words of Neil Hicks, Director of the Human Rights Defenders’ Protection Initiative at the Lawyers Human Rights Defenders’ Protection Initiative at the Lawyers Committee for Human Rights in New York ‘Committee for Human Rights in New York ‘is it conceivable is it conceivable that we might have human rights activists who are that we might have human rights activists who are Islamists, that is to say Islamist human rights activists?’ Islamists, that is to say Islamist human rights activists?’

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Present Muslim Societies and Present Muslim Societies and Human Rights -3Human Rights -3

There are no easy answers to these questions, which helps There are no easy answers to these questions, which helps explain why the debate appears to go round and round with no explain why the debate appears to go round and round with no end in sight. One response that is often favored in Western end in sight. One response that is often favored in Western policy circles is that Islamist groups such as Hamas and policy circles is that Islamist groups such as Hamas and Hizbullah or the Muslim Brotherhood are only interested in Hizbullah or the Muslim Brotherhood are only interested in human rights because they draw immediate benefits from them. human rights because they draw immediate benefits from them. There is no doubt that an effective protection of human rights, There is no doubt that an effective protection of human rights, which entails the promotion of individual liberties, offers direct which entails the promotion of individual liberties, offers direct benefit to Islamist groups that have been pushed to the margin benefit to Islamist groups that have been pushed to the margin by authoritarian regimes. The Muslim Brotherhood in Egypt is by authoritarian regimes. The Muslim Brotherhood in Egypt is ready to burst out on the political scene the minute Hosni ready to burst out on the political scene the minute Hosni Mubarak’s regime loosens its grip on power. Mubarak’s regime loosens its grip on power.

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Women Rights and Islam Women Rights and Islam

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The Role of Muslim Women in The Role of Muslim Women in Early Islamic Period Early Islamic Period

According to the traditions of Shi’s Muslims, the revolt of According to the traditions of Shi’s Muslims, the revolt of Imam Husayn against the tyrannical Caliph Yazid in 680 C.E. Imam Husayn against the tyrannical Caliph Yazid in 680 C.E. ended in the greatest tragedy in the history of Islam. Not only ended in the greatest tragedy in the history of Islam. Not only was the Prophet’s grandson killed along with his male was the Prophet’s grandson killed along with his male followers, but the women of his family were stripped of their followers, but the women of his family were stripped of their veils and paraded publicly in disgrace. Brought to the presence veils and paraded publicly in disgrace. Brought to the presence of the caliph in Damascus, Husayn’s sister Zaynab remained of the caliph in Damascus, Husayn’s sister Zaynab remained defiant, openly challenging Tazid’s authority and lamenting defiant, openly challenging Tazid’s authority and lamenting the death of her brother, who was the rightful inheritor of the the death of her brother, who was the rightful inheritor of the authority of the Prophet. So striking was her indignation that authority of the Prophet. So striking was her indignation that the caliph was shamed and let her and the other depart in the caliph was shamed and let her and the other depart in peace.peace.

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Present Picture of Women in Present Picture of Women in Muslim Societies Muslim Societies

The standard picture of the Muslim woman shows The standard picture of the Muslim woman shows someone who is oppressed by men, restricted to someone who is oppressed by men, restricted to home, and veiled in public, although this image is home, and veiled in public, although this image is admittedly anonymous and not related to any admittedly anonymous and not related to any particular location. The extraordinary recent behavior particular location. The extraordinary recent behavior of the Taliban in Afghanistan, who denied women of the Taliban in Afghanistan, who denied women education and even the most basic rights, has education and even the most basic rights, has encouraged the impression that Islam is dedicated to encouraged the impression that Islam is dedicated to the oppression of women. How can we reconcile the oppression of women. How can we reconcile these conflicting depictions of Muslim women?these conflicting depictions of Muslim women?

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The Role of Muslim Women in The Role of Muslim Women in Early Islamic Period-2 Early Islamic Period-2

This dramatic picture, which has been evoked This dramatic picture, which has been evoked by many poems of lamentation, presents a by many poems of lamentation, presents a powerful reminder of the important roles played powerful reminder of the important roles played by women in the early Muslim community. by women in the early Muslim community. Women have never been ciphers or nonentities Women have never been ciphers or nonentities in Islamic history. The wives of the Prophet in Islamic history. The wives of the Prophet Muhammad were his partners and supporters in Muhammad were his partners and supporters in the creation of the new society, and the the creation of the new society, and the continued to have eminence after his death. ‘continued to have eminence after his death. ‘

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The Role of Muslim Women in The Role of Muslim Women in Early Islamic Period -3Early Islamic Period -3

A’isha is noteworthy for transmitting more A’isha is noteworthy for transmitting more than 2,000 hadith reports from the Prophet than 2,000 hadith reports from the Prophet and she was the principal leader of an and she was the principal leader of an unsuccessful revolt against ‘Ali. The unsuccessful revolt against ‘Ali. The prominence of women in early Muslim prominence of women in early Muslim society stands in contrast with the image society stands in contrast with the image of Muslim women today, at least as they of Muslim women today, at least as they are perceived in Europe and America.are perceived in Europe and America.

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Present Picture of Women in Present Picture of Women in Muslim Societies Muslim Societies

As mentioned earlier, Islamic law in theory provides As mentioned earlier, Islamic law in theory provides resources for women, such as property rights, which resources for women, such as property rights, which were not available to European women until very were not available to European women until very recent times. Yet in practice the complex application recent times. Yet in practice the complex application of Islamic law was filtered through multiple levels of of Islamic law was filtered through multiple levels of custom and tradition, so that ethical principles of custom and tradition, so that ethical principles of equality between the sexes all too frequently were equality between the sexes all too frequently were sacrificed for the benefit of male privilege. The sacrificed for the benefit of male privilege. The imposition of patriarchal authority over women is imposition of patriarchal authority over women is hardly unique to Islamic civilization. hardly unique to Islamic civilization.

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Women and Ancient Civilizations Women and Ancient Civilizations

Aristotle, it must be remembered, regarded women as Aristotle, it must be remembered, regarded women as natural slaves. Despite statements about gender natural slaves. Despite statements about gender equality in the New Testament there are also strong equality in the New Testament there are also strong traditions that for centuries have excluded women from traditions that for centuries have excluded women from positions of authority in Christian churches. Misogyny positions of authority in Christian churches. Misogyny and the assertion of men’s authority over women is, in and the assertion of men’s authority over women is, in fact, characteristic of the history of much of the world, fact, characteristic of the history of much of the world, including china and India. Disentangling the roles of including china and India. Disentangling the roles of the ethics of gender and patriarchal history is a task the ethics of gender and patriarchal history is a task that now is the name of feminism.that now is the name of feminism.

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Effects of European Colonialism Effects of European Colonialism and Women Rights-1and Women Rights-1

What makes the discussion of gender relations in What makes the discussion of gender relations in Islamic cultures especially tricky is, once again, the Islamic cultures especially tricky is, once again, the effects of European colonialism. By the late effects of European colonialism. By the late nineteenth century, Europeans had developed a nineteenth century, Europeans had developed a number of arguments to demonstrate the cultural number of arguments to demonstrate the cultural inferiority of the nations of the Orient, principally inferiority of the nations of the Orient, principally Muslim countries., the scientific language of racial Muslim countries., the scientific language of racial categories and the alleged evolutionary superiority categories and the alleged evolutionary superiority of Europeans were key elements in the ideology of of Europeans were key elements in the ideology of colonial ascendancy. A new and surprising weapon colonial ascendancy. A new and surprising weapon in the colonialists’ arsenal was the language of in the colonialists’ arsenal was the language of European feminism. European feminism.

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Effects of European Colonialism Effects of European Colonialism and Women Rights-2 and Women Rights-2

However uncomfortable Victorian officials However uncomfortable Victorian officials may have been with feminist agitation for may have been with feminist agitation for equal rights at home, they eagerly and equal rights at home, they eagerly and hypocritically criticized Asian and especially hypocritically criticized Asian and especially Muslim men for their bad treatment of women Muslim men for their bad treatment of women (although some colonial administrators, such (although some colonial administrators, such as Lord Cromer and Lord Curzon, were active as Lord Cromer and Lord Curzon, were active opponents of the British suffragette opponents of the British suffragette movement). movement).

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Effects of European Colonialism Effects of European Colonialism and Women Rights-3and Women Rights-3

By maintaining that Islam was essentially oppressive By maintaining that Islam was essentially oppressive to women and by linking Muslim backwardness to to women and by linking Muslim backwardness to the practice of veiling women, colonial administrators the practice of veiling women, colonial administrators could justify their rule over Asia and Africa, since could justify their rule over Asia and Africa, since they were the bearers of enlightened modernity. At they were the bearers of enlightened modernity. At the same time, they maintained that Muslims could the same time, they maintained that Muslims could only become civilized if they abandoned veiling – only become civilized if they abandoned veiling – that is, if they abandoned what were believed to be that is, if they abandoned what were believed to be essential practices of Islam. essential practices of Islam.

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Actual Reality-1 Actual Reality-1

The same rhetoric of condescending shock about the The same rhetoric of condescending shock about the veiling of Muslim women continues to be applied veiling of Muslim women continues to be applied today, despite less than perfect gender equity in today, despite less than perfect gender equity in Europe and America. When we look, however, at the Europe and America. When we look, however, at the authoritative Islamic scriptures, we can see prominent authoritative Islamic scriptures, we can see prominent resources for an ethic of gender equality. In Christian resources for an ethic of gender equality. In Christian and Jewish circles, it is only in relatively recent years and Jewish circles, it is only in relatively recent years that the gendered language of the Bible has become an that the gendered language of the Bible has become an issue, leading to new translations that do not issue, leading to new translations that do not automatically assumes the male gender as normal.automatically assumes the male gender as normal.

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Actual Reality -2Actual Reality -2

It is striking fact of the history that among all the great It is striking fact of the history that among all the great religions of the World ,Islam made a very religions of the World ,Islam made a very comprehensive survey of the position of the women in comprehensive survey of the position of the women in Society, and laid down a very detailed legal Society, and laid down a very detailed legal framework of her rights and privileges. Prior to the framework of her rights and privileges. Prior to the advent of the Islam, the Arab women enjoyed no advent of the Islam, the Arab women enjoyed no rights. They had absolutely no share in the property rights. They had absolutely no share in the property left behind by their parents. Their position in the left behind by their parents. Their position in the society was that of mere chattel or marketable society was that of mere chattel or marketable commodity. commodity.

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Islam came to set that: [and women shall have Islam came to set that: [and women shall have rights similar to the rights against them, rights similar to the rights against them, according to what is equitable] Al-Quran 2:228.according to what is equitable] Al-Quran 2:228.

Although modern European and Americans Although modern European and Americans assume that Muslim women are invariably assume that Muslim women are invariably oppressed, it is by no means clear that Muslim oppressed, it is by no means clear that Muslim women have always suffered from disadvantages women have always suffered from disadvantages in comparison with Christians or other.in comparison with Christians or other.

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This is an instance in which very recent This is an instance in which very recent advances in Europe and America are some-advances in Europe and America are some-how assumed to be an essential part of the how assumed to be an essential part of the West. English women did not have full West. English women did not have full property rights until the Married Women’s property rights until the Married Women’s Property Acts of 1870 and 1882, yet under Property Acts of 1870 and 1882, yet under Islamic law, Muslim women have been Islamic law, Muslim women have been guaranteed inheritance and property rights guaranteed inheritance and property rights since the seventh century. since the seventh century.

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Advancement of Islam in Women Advancement of Islam in Women Rights Rights

English women were still chattels of their husband or English women were still chattels of their husband or father when Lady Mary Wortley Montague traveled father when Lady Mary Wortley Montague traveled to Constantinople in 1716 with her husband, the to Constantinople in 1716 with her husband, the British ambassador. She was amazed to meet their British ambassador. She was amazed to meet their Ottoman women of the nobility who owned large Ottoman women of the nobility who owned large estates and managed their own property without male estates and managed their own property without male interference. Lady Mary even found the veil to be a interference. Lady Mary even found the veil to be a liberating device that freed women from the prying liberating device that freed women from the prying eyes of men. eyes of men.

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Western Hypocracy Western Hypocracy

Certainly misogyny and unequal rights for women are Certainly misogyny and unequal rights for women are features that can be found in abundance in the features that can be found in abundance in the societies of North Africa, the Near East, and much of societies of North Africa, the Near East, and much of Asia, but can we honestly say that America and Asia, but can we honestly say that America and Europe are free of these problems? It is easy and Europe are free of these problems? It is easy and hypocritical to accuse other societies of abuses and hypocritical to accuse other societies of abuses and inequities when injustices still exist in our own inequities when injustices still exist in our own culture. The image of the oppressed Muslim woman culture. The image of the oppressed Muslim woman can all too often serve as another self-righteous reason can all too often serve as another self-righteous reason for Europeans to congratulate themselves on their for Europeans to congratulate themselves on their superiority.superiority.

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Image of Islam and the West-1 Image of Islam and the West-1

In all the images of Islam that are commonly In all the images of Islam that are commonly circulated in European and American culture, little circulated in European and American culture, little can be found that is positive. Is it possible for an can be found that is positive. Is it possible for an entire civilization to have such negative features, entire civilization to have such negative features, enduring more than 1,000 years across half the enduring more than 1,000 years across half the world? Although as world? Although as Carl W.Ernst Carl W.Ernst feel in his book feel in his book Rethinking Islam in the Contemporary WorldRethinking Islam in the Contemporary World. . but feel that there is a mechanism of projection but feel that there is a mechanism of projection operating here, along the lines spoken of by Jungians, operating here, along the lines spoken of by Jungians, in which one’s own negative characteristics are in which one’s own negative characteristics are projected onto others. projected onto others.

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Image of Islam and the West -2Image of Islam and the West -2

There is certainly plenty of evidence of fantasy There is certainly plenty of evidence of fantasy throughout the history of anti-Islamic stereotypes. throughout the history of anti-Islamic stereotypes. Muslims are considered to be violent, yet we do not Muslims are considered to be violent, yet we do not hear any similar accusations about intrinsic violence hear any similar accusations about intrinsic violence in Christianity or European culture; what was it about in Christianity or European culture; what was it about Christianity that motivated the world conquests of the Christianity that motivated the world conquests of the nineteenth century or more recent atrocities such as nineteenth century or more recent atrocities such as the 1996 massacre of more than 6,000 Muslim men the 1996 massacre of more than 6,000 Muslim men and boys carried out in a single day by Eastern and boys carried out in a single day by Eastern Orthodox Serbs in Srebrenica? Orthodox Serbs in Srebrenica?

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Muslims are considered to have dysfunctional Muslims are considered to have dysfunctional roles for women, yet that emblem of Western roles for women, yet that emblem of Western technological superiority, the Internet, is technological superiority, the Internet, is saturated with pornographic mages, and the saturated with pornographic mages, and the sexualization of women is omnipresent in sexualization of women is omnipresent in television, newspapers, and advertising. Is the television, newspapers, and advertising. Is the West so confident of its relations between the West so confident of its relations between the sexes? sexes?

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Everyone needs to become educated as a Everyone needs to become educated as a media critic nowadays, because the recycling media critic nowadays, because the recycling of sensational images is what the of sensational images is what the communications media love most, especially communications media love most, especially when conflict is present. Islam is a subject that when conflict is present. Islam is a subject that most Americans and Europeans have most Americans and Europeans have experienced only through these negative experienced only through these negative images and stereotypes. Clearly the time has images and stereotypes. Clearly the time has come to go beyond those images and come to go beyond those images and encounter real human beings.encounter real human beings.04/21/2304/21/23

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