Islam and Social Policy

2. Islamic Law and the Position of Women

44 2 Islamic Law and the Position of Women Donna Lee Bowen The question of women’s status is one of the most sensitive areas in contemporary Islam. Asymmetry between men and women traditionallyhasbeenanintegralpartof Islamandhasemergedas a dynamic social issue in the twentieth century.The Islamic world does not face this tension on gender issues alone; non-Muslim cultures face equally difficult choices. First, if women and men are equal, should not access to resources be allocated equally among them? This would involve a far-reaching redistribution of property and would occasion equal access to work, education, credit, and capital; equal pay; and equal legal rights.Reallocating resources more equitably involves numerous economic and political questions that would engender considerable conflict. Second, women’s place in society and religious or legal support for their status has great symbolic import. These issues bring up subsidiary questions on the roles that men and women hold and their relations with each other, which include primary assumptions about community organization. For conservative religious groups (including Muslim activists), women’s behavior has become shorthand for the health of a society. Moreover, women’s roles have become a mark of piety and religiosity. Men’s religiosity is judged by the demeanor of their women and the IslamFinalPages.indd 44 5/26/04 4:19:00 PM Islamic Law and the Position of Women 45 women’s conformity to ideal norms of behavior.The well-being of the community hinges upon visible patterns of female conduct. Third, conflict between the Muslim world and the West is at a high point. Not just Muslim activists, but numerous political and social groups, take on legitimacy by defining themselves in opposition to the West. Since women’s liberation is perceived as aWestern phenomenon and many of the reforms are modeled on Westernparadigms,thetwoaretightlyinterwoveninthemindsof the opponents to change in women’s roles.Muslim activists judge women’s rights and women’s participation in the public sphere to be signs of westernization, not modernization, and therefore a destructive force in society, not a positive turn of events. Feelings run so high at times that even discussing these issues inanyforumcanprovearduous.Women’sstatusengendersagreat diversity of opinion, and the issues involved are numerous and thorny. This touchiness stems from women’s status being closely linked to how each of us defines our personal roles and way of life. No person approaches women’s status and roles neutrally. Personal assumptions of what should be can skew our reading of gender issues. In addition, the position taken as to the status of women generally indicates an individual’s viewpoint, be it religious or secular, patriarchal or egalitarian. Thus it is difficult to discuss aspects of this topic dispassionately because so much baggage is attached to the subject. PURPOSE OF THIS ESSAY To clarify this complex scene, this essay presents a spectrum of Muslim views on women to differentiate among varied trains of thought and to show points of articulation.Development experts work in all parts of the Muslim world—the Middle East, North Africa,EastandWestAfrica,SouthAsia,SoutheastAsia—where they confront expectations for Muslim women and encounter everyday actions of women—what they say and what they IslamFinalPages.indd 45 5/26/04 4:19:00 PM 46 Islam and Social Policy do—that may confound stereotypic beliefs prevalent about Muslim women. This essay surveys precepts of Islamic law to determine how they are used to formulate legal stances on women’s issues and reforms of those positions. Here customary practice and expectations often intersect with the historical tenets of a revealed religion. Practice and expectations emphasize women’s submissiveness.The Qur’an nowhere states that women submit to male domination and enjoins both men and women to behave judiciously. Anyone who deals with Islamic law faces the question of the interpretation of Islam and the formulation of Islamic law. Conservatives, reformers, and activists contend for the right to interpret Islam definitively, so any interpretation becomes problematic . Debates on the direction in which society should move still rage between fundamentalists,liberal democrats,leftists,and traditionalsocialgroups.Inthemidstof thisstruggle,thequestion of women’s role takes prominence. Reasons for this are many. First, the family is the basic institution of society: its health reflects that of society in general, and women are still seen as the prime keepers of family well-being. Women’s roles, in many cultures, are used as...