The emergence of male reformist scholars engaging in ijtihad (independent reasoning) on gender issues within Islam holds profound significance for the acceptance and advancement of gender-affirmative interpretations of the faith. In this op-ed, we will explore the reasons why the male gender identity of these reformist ijtihadists matters, the collective nature of their efforts, their theoretical sophistication, insider engagement with tradition, global accessibility, and resonance with contemporary Muslim audiences. We will argue that these factors contribute to the potential impact and wider acceptance of gender-affirmative interpretations of Islam.

Male Gender Identity and Credibility

One of the notable aspects of the male reformist scholars’ ijtihad on gender issues is their gender identity. Historically, gender-affirmative interpretations were often dismissed by conservative-minded male scholars as feminist or subjective products of female identity. However, male reformist scholars challenge this narrative by providing a male perspective on gender equality within Islam. In traditional societies, religious authority has been predominantly associated with male figures, making the arguments put forth by these male reformists harder to dismiss. Their gender identity lends credibility to their perspectives, as they can navigate the patriarchal structures of Islamic scholarship and engage with a broader audience.

Collective Effort and Credibility

The collective nature of the male reformist scholars’ efforts significantly contributes to the impact of their work. It is not just a few isolated voices but a relatively large number of male scholars who are devoting their time and effort to foster gender equality-affirming interpretations of Islam. This collective effort enhances the credibility and influence of their arguments, distinguishing them from earlier male reformers of the twentieth century. Scholars such as Khaled Abou El Fadl , Muhammad Khalid Masud, Yousef Eshkevari ,Mohsen Kadivar and myself have made significant contributions to these discourses, amplifying the reach and influence of gender-affirmative interpretations of Islam.

Theoretical Sophistication and Engagement with Tradition

The male reformist scholars stand out due to their remarkable theoretical sophistication in engaging with the pre-modern Islamic tradition. Their work goes beyond superficial interpretations and offers robust and systematic approaches to gender issues. This level of scholarship adds substantial weight to their arguments, making them harder to dismiss or ignore. Moreover, these scholars have an intimate familiarity with the pre-modern Islamic hermeneutical, theological, ethical, and legal tradition. Many of them have undergone traditional Islamic education or have held high-ranking clerical positions. Their insider perspective enables them to engage with the tradition on its own terms, providing credibility and authority that cannot be easily dismissed by their traditionalist detractors.

Global Accessibility and Muslim Audiences

The impact of these reformist scholars extends beyond their scholarly contributions. Many of them reside in Western liberal democracies but write in major Islamic vernacular languages such as Arabic and Farsi, or their works are translated into these languages. This multilingual approach, coupled with the availability of their ideas through websites and publications, enhances the accessibility of their work to global Muslim audiences. This accessibility allows their gender equality-affirming hermeneutics to resonate with the lived realities and ethical sensibilities of contemporary Muslims, both male and female.

Reconciling Lived Experiences with Religious Ideals

Perhaps the most significant aspect of gender-affirmative Islamic hermeneutics is their potential to reconcile the lived experiences of contemporary Muslims with their desired religious ideals and norms. Unlike traditional interpretations, these hermeneutics acknowledge and address the gender-based realities of Muslims today. By doing so, they offer a path to bridge the gap between lived experiences and religious ideals, aligning with the ethical sensibilities of many contemporary Muslims.

The rise of male reformist scholars engaging in ijtihad on gender issues heralds a significant milestone in the pursuit of gender equality within Islam. Their gender identity, collective efforts, theoretical sophistication, insider engagement with tradition, global accessibility, and resonance with contemporary Muslim audiences all contribute to the potential impact and wider acceptance of gender-affirmative interpretations of Islam. By advancing gender equality through their scholarship, these male reformist scholars are paving the way for a more inclusive and progressive understanding of Islam that aligns with the lived realities and ethical sensibilities of Muslims in the modern world.

—–

A decades old patron of New Age Islam, Dr Adis Duderija is a Senior Lecturer in the Study of Islam and Society, School of Humanities, Languages and Social Science; Senior Fellow Centre for Interfaith and Intercultural Dialogue, Griffith University | Nathan | Queensland | Australia. His forthcoming books are ( co-edited)-  Shame, Modesty, and Honora in Islam  and Interfaith Engagement Beyond the Divide  (Springer)

This piece is based on authors academic paper that can be accessed here- https://www.academia.edu/43990448/Contemporary_Muslim_Male_Reformist_Thought_and_Gender_Equality_Affirmative_Interpretations_of_Islam

Courtesy: New Age Islam

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Ustaz Abdulfattah Adeyemi

He advised Muslim women to share their husbands with other women, saying they have just 25 per cent access to their husbands, while the remaining 75 per cent belongs to other women.

The cleric said this in a paper entitled: “Charity, a path to Jannah,” which he presented in Abuja during the inauguration of Sisters of Jannah, a Muslim women’s charity organisation.

Charging women to be magnanimous in sharing their husbands, Ustaz admonished them “not to deny their husbands polygamy,” but should only pray that the husbands treat all equally in any action taken.

Read full report:  https://punchng.com/your-husband-is-meant-to-be-shared-with-other-women-cleric-tells-muslim-wives/
 

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Image Courtesy: The News Minute
 
Directed by Rafeeq Mangalasseri, the play was well received during the District Youth festival. The artists even received a Grade A for their performance, but later landed in controversy when certain Islamic organisations like Sunni Yuvajana Sangam (SYS), Social Democratic Party of India (SDPI), Campus Front of India (CFI) and others protested against the play as it hurt their religious sentiments.  In response to Kithab, the SDPI staged a counter play titled Kithabile Koothara across Vadakara.

After the violent protest led by some of the radical Muslim organisations, the Memunda Higher secondary school issued a press release undersigned by the head, stating that the school authority will refrain from staging Kithab in the upcoming District Youth festival.

According to the complaint filed by the Muslim Students Federation (MSF), the play defames Islam. Perhaps Kithab appears to be “defaming” a certain religion because it exposes the vulnerability of women in that respective society.

The play ridicules the different forms of discrimination faced by women in the Muslim community. It begins with a young girl trying to steal fried fish from her own house. She challenges the existing custom in her society wherein women are not given the food they desire, while men get everything.  The reason behind this discrimination, as per the father in the play is that since women are made from the ribs of men, they are subordinate and hence cannot have the rights that men are entitled to. Further, the father insists that his daughter cover her head with parda as a woman without parda may invoke desire in other men. In one of the scenes, the wife of a mukiri reveals how, in following the Kithab or Quran, a woman’s desires are suppressed by men.

Since the play raises questions about women emancipation in Muslim society, many religious organisations demanded that the play should not be staged. Fearing the consequences, the school also chose not to send its students for the State Level Youth Festival. The series of events however, has resulted in the denial of the school children’s right to expression. Even though the students have approached the court seeking their right to stage the play, the court has put forth the school management’s decision over the children’s fundamental right to express.

Kithab is an independent adaptation of Malayalam writer Unni R’s short story Vaang and the characters portrayed by the author in the play are fictional characters.

The ban has taken place amidst widespread protests in the state of Kerala on the Sabarimala issue. While the Supreme Court passed a judgement in favour of women’s right to entry into the temple, women have been denied freedom of expression especially for questioning their denial of entry into the temple.

With the rise in communal agendas against one another, what some of these fundamentalist groups fail to understand is that the artists have a right to creativity which is not limited to any particular community, caste or religion. Earlier this year, Malayalam writer, S Hareesh’s novel Meesha faced similar attack when Mathrubhoomi weekly had to withdraw his works after the right wing Hindu groups’ threats. The same Hindu fundamentalist groups approached the Supreme Court seeking a ban on the writer’s creativity. Last year, renowned Malayalam writer and Sahitya Akademi award winner KP Ramanunni received an anonymous letter threatening him to convert to Islam within six months for using Prophet Muhammed as a protagonist in his novel Daivatinte Pustakam.

The culture of banning artists and their work needs to stop. The present scenario in our country needs a free flow of ideas, a new renaissance. The ongoing protest against Kithab play has only achieved in silencing an artist creativity and snatching away the opportunity of some budding artist. 

You can watch the play here.

Courtesy: Indian Cultural Forum
 

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The term “West” and “Feminism” have both assumed negative connotations in the Muslim world, thanks to the zealous efforts of Islamic revivalist movements like Jamaat e Islami, Ikhwan ul Muslimoon and Tablighi Jamaat. The Islamic Revivalists like Maulana Abul Ala Mawdudi wrote books and treatises like Purdah, Islam and West. So is the case with Syed Qutb who penned down books and pamphlets like What I saw in America. Women associated with revivalist movements like Maryam Jameelah who converted from Judaism to Islam and settled permanently in Pakistan was vociferous in her attacks on West and Feminism as can be witnessed in her books like Islam and West, Women between Islam and West. The antagonism between Islam and West has been reinforced with these types of diatribes. Very few efforts have been made to bridge this artificial divide. Both the West and Feminism have been demonized in the Muslim world in such a manner that they appear synonymous to everything vice.

The theologians have been blaming every calamity confronting the Muslim world to the West. Blaming the West is the favourite pastime of most Muslim clergy and theologians. Most of them have been rabble rousing against the West since last several centuries.

It is true that colonization of the Muslim world did gave birth to the anti-west sentiment among the Muslims, particularly in the clergy whose authority was undermined during the colonial process. Also, the colonization rendered Muslims under siege so they were vehemently opposed to the West. What is West? If we study the Muslim literature produced during the colonial era, two issues emerge as having been engaged critically by Muslims. One is the West and the other is the question of Women! Critical understanding of Muslim world and Muslim men has been missing from the discourse!

The theologians, scholars and Islamic revivalists all of them have written tomes about West, demeaning, denigrating and demonizing it. This is not to say that Western civilization is flawless. In reality certain aspects of the West’s value system cannot be acceptable to the Eastern or Muslim civilization. But that should not render us blind to the positive contribution of Western civilization in building the contemporary era.

When one engages with the literature of Islam and West critically a serious flaw is revealed. Many scholars compare the Islamic ideals with the West pointing to incidents like rapes, extra marital affairs, violence against women happening in the West as if these vices are absent in the Muslim world. Also, the criticism is aimed in such a manner that renders the West bereft of any values and ideals. The point is to drive home the fact that Muslims have ideals, but the West is just surviving on animal instincts. The “animal existence” of Western people is ridiculed vehemently basing the arguments on secondary sources or brief visits in which the clergy and theologians claim to have understood, analysed and rejected the West. Maulana Mawdudi’s writings offer ample proof of these shortcomings and flaws while criticising West. 

The biggest criticism against West is that it is inherently antagonistic and holds a deep animosity against Muslims and Islam. Islamophobia is a reality but to paint the entire West as Islamophobic will be gross injustice. The best academic works on Islam and Muslims is produced in the Western institutions and there are millions of Muslims residing in the West.

Linked to “Westoxification,” to paraphrase Ali Shariti, is the question of Women. The West is accused of destroying the morals, values and image of what constitutes as an “Ideal Woman”. The Islamic literature reveals an unseemly obsession with women’s bodies. There are scores of works titled as “Ideal Woman” available in the bookshops but I have yet to come across a title as “Ideal Man” or “Ideal Muslim Man”. Men are supposed to be legislators and can bend laws as per their whims whereas women as conformists have to abide by male centric and patriarchal laws. Feminism as a movement is being tagged as an extension of Westoxification in the Muslim world. Feminism is held to be antagonistic to being an ideal woman because feminists are destroyers of homes and families. The family as an institution is deeply patriarchal in the Muslim world and any challenge or change to its status quo is deemed as a threat to the basic unit of Muslim society that is far from what an ideal woman is supposed to behave like. The ideal Muslim wife is subservient to her husband and cares for the children, sacrificing all the way through as patriarchy demands. Thus, feminism is held antagonistic to ideal patriarchal motherhood in the Muslim world. It is this notion of feminism that Imran Khan describes as the destroyer of motherhood.

The deep-rooted prejudices against West and Feminism have been embedded over the last century deeply in the Muslim mind and it will certainly take decades to de-condition the same. But this point needs to be emphasized that not everything Western civilisation and the ideals of Feminism uphold need be accepted in toto. West and Feminism are dynamic and static concepts. They are not the same today as our older generation of Islamic revivalists understood them during colonization.

As Muslims we need to overcome this approach of either complete acceptance or total rejection. In every situation, there are certain grey areas and it is reading between the lines that help us negotiate with changing times. The new age demands a fresh engagement with the text as the context has changed. To end, it must be acknowledged that it was feminism that waged the battle for equal wages for women, paid maternity leaves, equal working hours and punishment for sexual crimes. So, lets us hope the Muslim clerics and popular leaders like Mr. Imran Khan begin to realise the virtues of the West and movements like Feminism.

M.H.A.Sikander is Writer-Activist based in Srinagar, Kashmir 

Courtesy: New Age Islam
 

The post Why are Muslim Leaders and Clerics So Afraid of Feminism and Critical of the West? appeared first on SabrangIndia.

I don’t ever see the Wallah Bros and Haram Police crying over the state of pollution and the rising number of people suffering from asthma, or the rising number of species falling on the endangered list. I don’t see any prominent Muslims speaking on the excessive amounts of meat many of the Muslim communities consume which, one, is abusive to our God-given bodies and, two, against the sunnah to eat so much meat and to buy into an industry that abuses animals endlessly.

All of this suffering in the world, and yet still such emphasis is placed by men upon how I choose to display my modesty, to the point where it makes me feel like less of a Muslim if I don’t wear my hijab. The mainstream Islamic narrative, the patriarchal interpretations and constant bickering about visible modesty (like the hijab), has inextricably linked our subconscious perception of faith to how well we can display it outwardly, on how well we can cover up.

Read the full report here: http://muslimgirl.com/48724/modesty-is-not-the-most-important-thing-in-my-relationship-with-god/

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The paper is an outcome of a long-term and multi-faceted project that Musawah has been working on since 2010. The research is founded on the crucial distinction in Muslim legal thought between Shariah and fiqh. Shari‘ah (lit. ‘the way’) in Muslim belief is God’s will as revealed to the Prophet Muhammad. Fiqh (lit. ‘understanding’) is the science of jurisprudence, the process and methodology for discerning and extracting legal rulings from the sacred sources of Islam (the Qur’an and Sunnah – the practice of the Prophet as contained in ahadith  Traditions). Musawah maintains that “fiqh, like any other system of jurisprudence and law, is human, temporal, and local, thus open to change in response to the requirements of time and place”.
 
The paper argues that the concepts of qiwamah (in a marital relation, husbands protect and provide; in turn wives obey) and wilayah (right and duty of husband or a male member of the family to exercise guardianship rights over dependents, male or female), developed in classical Islamic jurisprudence are no longer universally valid in view of current social and economic reality.  The rule that ‘husbands provide and women obey’ does not work for all families. Despite the changed and changing reality, these two concepts continue to underpin religious discourse on family matters and contemporary family [personal laws]. Among other things, it is these twin notions that are deployed by the ulema who, relying on classical fiqh schools, justify men’s privileged rights to divorce and polygamy, and unequal gendered parental rights and responsibilities.
 
Clinging on to the ‘husbands provide and wives obey rule’ in a fast-changing world, the paper argues, is harmful for the well-being of families and unfair not only to women but men too. It points to many situations where men are not able to provide for the family while women bear the double burden of contributing financially to the family and at the same time undertake most of the unpaid labour and care giving responsibilities at home. Yet, the husband continues to believe in his right to control his wife. This is unfair to women. But men too are saddled with the physical, mental and sole financial burden of providing for their family. Within this paradigm, men are not expected to share the responsibility domestic labour and of nurturing children.
 
The paper maintains that “society as a whole would benefit if families were freed from the burden of adhering to a rigid frame-work for gender roles. Connecting the legal structure and the realities of marital and family life can prevent discord, anxieties, and injustice within families, thus strengthening family stability and influencing the broader society. Properly valuing unpaid labour and equalizing household and care-giving work would allow women increased opportunities in the formal economy, which can boost national and regional economies. Encouraging and enabling men and women to parent children equally can enhance children’s physical, intellectual, psychological, and social development”.
 
In conclusion, the paper recommends that “states, the private sector, communities and NGOs, faith-based leaders, and individuals and families should work collectively and individually to reform Muslim family laws and reshape family relationships in a way that is consistent with the ethical framework in the Qur’an and Islamic teachings and reflects the needs and realities of today’s societies”.
 
Read the full paper here.
http://www.musawah.org/sites/default/files/WhoProvidesWhoCares_En.pdf

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“And for those women, of whom you fear their dissent (نُشُوزَهُنَّ), exhort them, abandon them in their beds, and beat them.  But if they obey you, seek not a way against them. Surely God is Sublime, Great” (Qur’an 4: 34).

There is a common misunderstanding that one particular Qur’anic verse perpetuates violence against women.  Image: AAP/Lukas Coch

So, the Islam-critics argue that the Qur’an permits spousal abuse and so, Islam is misogynic. Their pretention appears reasonable if the verse is read in a vacuum disconnected with rest of the Qur’an. We, Muslims, must ask “Does anyone know a woman who spot ‘beauty and dignity’ in spousal brutality?”  Probably, Women suffering from the abnormal mental condition called masochism may find “beauty and dignity” in it.  There is no way to unmask the “beauty or dignity” in the jurists’ license of spousal abuse hinging on the verse.  There is not one incident in the life of Prophet (s) when he beat or treated disrespectfully any of his wives.  And if the Muslim’s claim of Islam being a liberator of women ought to be valid, Muslims must reject the jurists’ sanction of shameful act of wife beating by husbands.

To understand the verse 4:34 we must focus on the context and what is being addressed to know its meaning.  With respect to context, there is no unanimity among the exegetes of the Qur’an.

Some commentators say this verse was revealed when Saudah (d. 54/674) Prophet’s (s) wife feared that the Prophet (s) would divorce her and so she relinquished some of her rights so that he would not divorce her.

But this report is incorrect, for how can these commentators know what was in her heart?  Further, Allah gave the Prophet’s (s) wives the right to choose him.

Other commentators say that this verse was revealed when a husband and wife constantly fought over the husband’s second marriage. 

Therefore, due to lack of unanimity among exegetes, we cannot get the true meaning of the verse from the reported context of revelation.  Only thing that the jurists agree upon is that this verse means that a form of reconciliation between husband and wife is better than a separation. [Ref: Conference of the Books by Khalid M. Abou El Fadl].

The jurists have stated that Arabic word “NUSHUZ (نُشُوزَ)” in the Qur’an means “arrogance and defiance,” and a NASHIZ is an “arrogant and disobedient person.”  Some jurists such as Ibn Rush (d. 520/1126) said that a NASHIZ is a deviant woman who refuses to pray, fast, or cleanse herself from impurities.  But the word NUSHUZ is also used to describe men, Allah says:

وَإِنِ امْرَأَةٌ خَافَتْ مِنْ بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا فَلَا جُنَاحَ عَلَيْهِمَا أَنْ يُصْلِحَا بَيْنَهُمَا صُلْحًا ۚ وَالصُّلْحُ خَيْرٌ ۗ وَأُحْضِرَتِ الْأَنْفُسُ الشُّحَّ ۚ وَإِنْ تُحْسِنُوا وَتَتَّقُوا فَإِنَّ اللَّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًا

“And if a woman fears abstention or aversion [NUSHUZ] on the part of her husband, then it is no sin on both that they amend things between them, for right settlement is better…” (Qur’an 4:128). Bearing in mind of the jurists’ definition of NASHIZ into “arrogant and disobedient person, we need to ask, “Does NASHUZ in the verse mean the disobedience of a husband to his wife? Does it also mean that a husband owes a duty of obedience to his wife?” The jurists troubled by this tension said that NUSHUZ (نُشُوزَ _) in the case of a wife means disobedience, and in the case of a husband means a grave and known sin (فَاحِشَةٍ مُبَيِّنَةٍ).  Why are they giving different meanings to the same word in similar situations?  Does this mean that NUSHUZ in the case of a wife means a grave sin as well? These are very valid questions to ask.

It is reported that the Prophet (s) in his final pilgrimage said, “O people, I command you to treat women with kindness for they are your support.  You have no other rights over them unless they are committing a grave and known sin (فَاحِشَةٍ مُبَيِّنَةٍ).  If they do abandon them in beds, and beat them lightly, but if they comply, do not transgress against them” Professor Khalid M. Abou El Fadl of Stanford University states: “It seems to me that the Prophet (s) uses the expression فَاحِشَةٍ مُبَيِّنَةٍ as the equivalent of NUSHUZ ( نُشُوزَ _), and that NUSHUZ  ( نُشُوزَ _) means  فَاحِشَةٍ مُبَيِّنَةٍ  (a grave and known sin).” [Ref: Conference of the Books by Khalid M. Abou El Fadl].  If that is so, NUSHUZ cannot mean “disobedience or a case of simple disagreement,” but means lewd acts.

There are many reasons to reject the jurists’ authorization to beat their wives by husbands at will.  These are some of them. An ideal God-conscious Muslim husband must know the Qur’anic description of human nature (Qur’an 2:128): “…But men keeps self-interest utmost.  Yet if you do good fear God, God is cognizant of all that you do.”) that could potentially steer him away from justice. God demands:

“O you who believe!  Be you maintainers of your pact with Allah, as witnesses to fair dealing, and let not the hatred of others to you make you swerve to wrong and depart from justice.  Be just: that is nearer to Duty: and fear Allah.  For Allah is well acquainted with what you do.” [Qur’an 5:9]. 

“Oh you who believe!  Stand out firmly for justice, as witnesses to God, even as against yourselves, or your parents, or your kin, and whether it be against rich or poor; for God can best protect both.  Follow not the lusts of your hearts, let you swerve, and if you distort justice or decline to do justice, verily God is well acquainted with all that that you do…” (4:135).

Therefore, men in a state of resentment cannot be a judge and be fair and just especially over perceived NUSHUZ (lewd act) by their wives. Moreover, Prophet (s) said:

“The judge should not judge between two people while he is angry.” (Source: Sunan At-Tirmidhi 1334);
“You will not find the men who beat their wives as good one among you.’ (Abu Daus: Sunan Vol 1, page 292);
 “The best of you is he who is best to his wife.”  (Ibn Majah: Sunan Bab Husn Ma’ashrat al-Nisa, page 142).

Therefore, The All-knowing and the Most Compassionate would not have decreed the right to punish his wife for Nushuz (lewd act) in the hands of an angry husband. Therefore, the trial, conviction, and nature of punishment for Nushuz (نُشُوزَ _) rest with a jury or judge, not with the husbands.

While the matter is in the court of law, both spouses are expected to lay out evidences and bring witnesses to support their side of defence:

“And those who accuse the women in wedlock and do not bring four witnesses, flog them, therefore, eighty stripes, and never accept any testimony from them, for those, they are miscreants; …And those who accuse their wives, but have no witnesses except themselves, let each of these [accusers] call God four times to witness that he is indeed telling the truth, and the fifth time, that God’s curse be upon him if he is telling a lie. But [as for the wife, all] chastisement shall be averted from her by her calling God four times to witness that he is indeed telling lie and the fifth [time], that God’s curse be upon her if he is telling the truth.” [24:4-9].

According to these verses, accusing Nushuz (lewd act) is a grave matter and the accuser is bound by the law to present four eyewitnesses to prove his/her case. A circumstantial evidence alone is not enough. If there are no eyewitnesses, four solemn affirmations calling the name of God by the husband is accepted if the wife refuses to take an oath to the contrary. And the husband’s testimony is not accepted if the wife denies the accusation of her husband after taking the oath calling the name of God. In other words, she disproves him if she solemnly set her word against his.

In this legal procedure, which is called li’an (“oath of condemnation”), leave the question of guilt legally undecided; both parties are absolved of all the legal consequences.

Following the conviction for Nushuz ( نُشُوزَ _), whether committed by husband (Qur’an 4:128) or wife (Qur’an 4: 34), the punishment is same for both sexes.  From the God’s perspective, sexes do not matter but only deeds are crucial and counted.  The justice, reward, and retribution are equitably served on male and female:

“Whoever does righteousness, whether male or female, while he is a believer – We will surely cause him to live a good life, and We will surely give them their reward [in the Hereafter] according to the best of what they used to do. (Qur’an 16:97);
“And their Lord has responded them thus: Verily! I waste not the deeds of any worker, male or female, to be lost. You are all on the same footing.” (Qur’an 3:195).”
 … (such is) the artistry of Allah, who disposes of all things in perfect order…” (Quran 27;88).

God’s ways are perfect and so human is expected to emulate Him in administering justice without favouring one sex over the other.

Finally, Judge may rule for a graded punishment of “advising her/him” at first for self-correction, and then if that does not work “leave her/him in bed.” The Qur’anic wisdom aims at harmonious reconciliation:
 “It is no sin for two of them if they make peaceful settlement; and peace is an excellent thing…” [Qur’an 4:128].

 If these methods do not work in the case of a refractory wife or husband, the judge may impose corporeal punishment as the last resort. Even in that case, the beating of wife/husband for lewdness is symbolic or nominal type. It should be “striking without injury or pain” [Ref: Ibn Majah: Sunan, page 133. Muslim: Sahih, Vol. I, page 291] If such symbolic striking does not correct and the husband/wife cannot fulfil the Qur’anic teaching:
 “…And (O Believers) live with them (i.e., wives) on a footing of kindness and equality…,” the husband cannot remain legally wedded.

The Qur’an recommends:
 “Either take back on equitable terms or set them free on equitable terms, do not take back to injure them or take unfair advantage…” [Qur’an 2:231].
In summary, husbands cannot be the accuser, judge, and executioner in the matter of Nushuz of the wives.  A Jury or judge determines the matter of the truth. If admonition, leaving in bed alone, symbolic striking, or reconciliation in equitable term does not work, the righteous action of the husband and wife is to divorce on equitable terms. Unlike the Jurists’ misogynic interpretation of the verse 4:34, I witness the “beauty and dignity” in my reading the Divine Revelation.  Moreover, it is internally consistent without contradicting the meaning of any verses of the Qur’an.

T.O. Shanavas is a native of Kerala, India and is now based in the USA. He is the author of “Islamic Theory of evolution of Evolution the Missing Link between Darwin and The Origin of Species.” Co-author of the book, And God Said, “Let There Be Evolution!” Reconciling the Book of Genesis, The Qur’an, And the Theory of Evolution. Edited by Prof. Charles M. Wynn and Prof. Arthur W. Wiggins.

Courtesy: New Age Islam

The post Muslim Jurists Are Wrong, Husbands Cannot Beat Wives appeared first on SabrangIndia.

Picture of the author taken in 2015 by Lujain Mirza as part of her research project about visual representation of Saudi Women at Brighton University. All rights reserved.

On September 26th 2017, the Saudi Arabian government announced the suspension of its infamous and much-criticised ban on female drivers. Unsurprisingly, the news was welcomed by some and rejected by others, although it is hard to get an accurate sense of the reception since the government routinely curbs freedom of expression. Nevertheless, a small minority will undoubtedly be jubilant: since 2011, a movement campaigning for the Saudi women’s right to drive has haunted the peripheries of national discourse, occasionally entering mainstream discussion and attracting national attention. It is interesting, in hindsight, to ask if this collective action influenced the decision and if, since much of this campaigning took place via Twitter, this validates optimistic arguments claiming that online spaces can be origins of real, material change? 

Since their emergence, the information and communication technologies (ICTs) of the web 2.0 era have radically altered debates around online protest. In the early days of web 2.0, many viewed the Internet’s poly-centric, interactive and trans-nationalist nature as indicative of a new era of democracy, interdependence and interconnection, while others glimpsed darker futures of fragmentation and terror. Today, expectations have been moderated accordingly, with Babak Rahimi  conceptualising the internet as a shifting mythic realm of constant discursive conflict. That being said, many still view the Internet as a radical ‘space’ beyond traditional power relations where individuals can engage in radical reinterpretations of their narratives of self. Could Saudi Arabia’s recent decision strengthen the case of these optimistic arguments? Can online activism really bring about change?

One can tweet anonymously, although still not entirely without risk
We should first note Twitter’s popularity in Saudi Arabia: in 2015 the country led the Arab world in Twitter usage with 2.4 million users. Statista lists a much higher figure for 2016 with 4.9 million active users. Increasingly, Twitter has become the arena in which women (and men) express resistance and opposition towards officially sanctioned discrimination. To some, such political engagement may be surprising; Saudi Arabia’s social, political and legal practices are notoriously discriminatory and exclusionary towards women. Such treatment can, however, fuel the anger which in turn motivates resistance. Various Twitter hashtags (e.g., #StopEnslavingSaudiWomen) became very popular, one following on from the other, giving Saudi women the ability to challenge (almost always anonymously) the existing patriarchal social system. The benefits of using Twitter for such purposes are evident: one can tweet anonymously, although still not entirely without risk, from an environment “characterized by relations of a minimal hierarchy and organizational heterogeneity”. 

Still, any political protest is risky in Saudi Arabia, and political discourse by Saudi women is particularly unacceptable, often entailing fierce punishments. Such extreme conditions ultimately lead to a unique ‘protest ecology’ with little resemblance to what many traditionally think of as ‘activism’. For example, external threats mean these anonymous female activists will likely never meet, and therefore their online protests seemingly stand little chance of becoming offline actions. Within such anonymous, scattered resistance, can opportunities for real psychological resistance still occur?

The questions I want to raise concern how we think of resistance: are we unethical if we downplay online resistance, knowing it may play even a small role in policy change? There are other issues, too: Alexander Haslam and Stephen Reicher’s suggest a social identity model of resistance dynamics arguing that a fixation with the processes of oppression can lead to a conception of “domination, tyranny, and abuse as natural or inevitable”. They characterise the oppressed as inevitable victims, leading to a reduced belief in the possible agency of the disadvantaged. Instead, we must be creative in seeking out resistances where we can.

In order to ease the identification of resistance, Haslam and Reicher propose a three-stage model that emphasises the importance of collective identity to the processes of resistance, and highlights oppression itself can often lead to the creation of shared identities that can help the disadvantaged endure their oppression. The act of identity creation itself thus needs to be re-characterised as an extremely active act – the first stage in a process of psychological resistance. Once this shared identity is established, a group can more effectively stabilise or destabilise intergroup inequality through the creation of cognitive alternatives (or shared visions of alternative ways of being), which are reinforced through sharing.

Of course, if there is one thing we can unequivocally say about Twitter, it is this: it allows one to see others like oneself, and thus to form an in-group (however loosely), which in turn leads to the creation of cognitive alternatives. Once a group identity and cognitive alternative is formed, support can be sought from third parties: thus such cognitive fantasies can spread, new ideas of being travel through a global communications networks.

In an environment like Saudi Arabia, protest will begin online, hidden and anonymous

Like other observers, I argue that even in such contexts as Saudi Arabia, might still take online resistance less seriously due to a persistent and widespread misinterpretation of ‘resistance’ as largely referring to offline, physical actions, which are seen as more consequential. In contrast, recent social movements scholars advocate treating alternative forms of collective mobilisation as legitimate objects of study. Indeed, it has been argued that internal psychological resistance should be more highly valued, as it offers a middle ground for the oppressed, helping them to define their world view amidst oppression without the need for action – or without, we might say, the freedom for action.

On a final hopeful note, in an environment like Saudi Arabia, protest will begin online, hidden and anonymous. I hope that the Saudi decision will show that such activism can be consequential too. Moreover, this shows that we need to champion these beginnings, these early stages of internal resistances. Glimpsing these beginnings, we must not be disheartened by their clandestine, anonymous, restricted and underground nature. The decision to allow Saudi women to drive shows that through the creation of group identities and cognitive alternatives such hidden online spaces may produce new physical realities.

Heyla Selim holds a doctorate degree from the School of psychology at the University of Sussex in the United Kingdom. Her PhD thesis titled: “Why the caged bird sings: an investigation of cultural influence on online behaviour in Saudi Arabia and the United Kingdom”. She is an assistant professor at the Psychology Department at King Saud University in Ryadh since July 2008.

Courtesy: Open Democracy
 
 

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At a time when Muslim women are breaking into many a male bastion, a mosque on Yari Road has taken an exemplary decision — which is being touted as a first in the city — to allow Shia women to don the role of Ulemas.

While the “Jumme ki namaz” is still read out by the Maulana at Mehfil-e-Saani-e-Zahra or the Zaib Palace mosque, as it is popularly called, there are women Ulemas or scholars, who impart knowledge about the Quran and Islamic teachings to females in the community. Uzma, the wife of Maulana Mohammed Fayyaz Baqri, is one such woman scholar.

Maulana Baqri told the Mumbai Mirror that his wife offers sermons on the importance of women’s education and the role of women in Islam.

“Once you educate women, you educate a family. Once you educate a family, you educate a society. Women who sermonise offer lessons on a number of subjects — how to read Quran, how to bring up children and educate girls, and how to become better human beings by leading a righteous life. They basically preach on Islamic beliefs and the need to find a balance between ‘deen’ (knowledge of religion) aur ‘duniya’ (world),”he said.

Uzma said, “I also conduct classes on the Quran at the mosque. I teach girls and women from 5 to 15 years of age on how to pray and how to behave in the society according to Islamic rules.”

Read the full report published on Mumbai Mirror.
 

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