Summary of the Issue

Boston, Massachusetts. 2009. Thanks in part to scholarships from the Saudi Arabian government, more Saudi women are coming to American Universities. Kamal (right), a 20-year-old student at Northeastern University, did what would have been unthinkable five years ago: she came from Saudi Arabia without a guardian. Photo credit: Elise Amendola/AP Images.

During the time of the Prophet, Islam significantly increased the level of women’s agency and autonomy. Women served as judges, scholars, teachers, and religious leaders and participated in the public affairs of the community.^1,2 Today, evolving interpretations of Islamic law among scholars in some countries, cultures, and communities over the centuries has dramatically altered the scope of feminine agency among Muslim women. In some societies the concept of qiwamah, which signifies “maintenance” or “protection,” has been mistakenly used as a justification for masculine superiority and feminine weakness, as it has been generally interpreted as meaning that men hold authority over women both intellectually and physically.^3,4,5 The patriarchal interpretation of the Quran has been used to legitimize various legal and social restrictions, which regard women as weak, emotional, and dependent.⁶ For example, in India an Islamic university issued a fatwa in 2011 banning women from travelling more than 48 miles outside her home without a male chaperone.⁷ Patriarchal interpretations of Islamic texts have been used to justify female subordination to men, as exemplified in some practices, such as forcing Muslim women to unconditionally obey their husbands, or requiring women to be accompanied by a male mahram, a close male relative who is legally prohibited from marrying them such as their brother, uncle, or father. This interpretation of feminine obedience often includes the wife’s obligation to remain in the home unless she has her husband’s consent, except for legitimate matters such as visiting her family or in cases of domestic violence. According to some scholars and activists these practices do not reflect the teachings in the Quran, as it specifically states (9:71): “The Believers, men and women, are awliya (protectors) of one another.” Thus, the notion of mutual protection between genders is incompatible with patriarchal assumptions that position men as superior over women.^8,9,10 Several Muslim countries are in the process of reforming, or have already reformed legislation, to protect women’s freedom. For example, Morocco passed a family law that describes marriage as an “equal partnership,” as similar to Tunisia and Turkey. In addition, a court case that may reach Saudi Arabia’s Supreme Court highlights the stifling effects of the cultural system of guardianship, which mandates that affairs related to an unmarried woman, such as employment, travel, or marriage, be decided by a male relative. Although Riyadh accepted a recommendation from the United Nations Human Rights Council to abolish guardianship in 2009, the government has yet to implement any changes, even as women are increasingly challenging abusive guardians in court.¹¹ Even though these changes are encouraging, more work still needs to be done to further women’s agency and decision making power. A critical analysis of the application and access of reformed law is also needed.

 

[1] Azizah al-Hibri, "Islam, Law and Custom: Redefining Muslim Women's Rights." American University International Law Review 12, no. 1 (1997): 1-44.
[2] “Reclaiming history: Oxford Centre for Islamic Studies produces 40-volume work on Muslim women scholars and prayer leaders,” Blogging Theology.wordpress.com.
[3] Haideh Moghissi, “Women and Islam: Social Conditions, Obstacles and Prospects,” Taylor and Francis, New York 2005.
[4] Melanie P. Mejia, “Gender Jihad: Muslim Women, Islamic Jurisprudence, and Women’s Rights,” Kritike 1, no. 1, (2007): 1-24.
[5] Azizah al-Hibri, "Islam, Law and Custom: Redefining Muslim Women's Rights." American University International Law Review 12, no. 1 (1997): 1-44.
[6] Al Hibri, Azizah. Roles of Women: Norms and Culture.
[7] Dean Nelson, “Muslim women 'should not travel more than 48 miles from home without male chaperone,'” The Telegraph, March 9, 2011.
[8] Melanie P. Mejia, “Gender Jihad: Muslim Women, Islamic Jurisprudence, and Women’s Rights,” Kritike 1, no. 1, (2007): 1-24.
[9] Jamal A. Badawi, “Gender Equity in Islam”
[10] Azizah al-Hibri, “An Introduction to Muslim Women’s Rights,” Ed. Gisela Webb, Windows of Faith, Syracuse University Press, New York: 2000.
[11] Caryle Murphy, “Female Saudi doctor appeals to top court for right to choose a husband,” Christian Science Monitor, May 23, 2011.