The Sharia Issue

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The Shari’a issueAbdennur Prado

Conference at the Second International Congress on Islamic Feminism

Barcelona, 3rd November 2006

Bismillahi ar-Rahmani ar-Rahim

The First International Conference on Islamic Feminism (Barcelona, ctober 200!" #as considered

a $resentation of Islamic feminism as a cross-national movement, brin%in% to li%ht the desire of

man& 'slims, men and #omen, to fi%ht a%ainst in)stices committed a%ainst #omen in the name

of Islam* +t that time, #e listened to reflections from 'slims of different nationalities as to the

sitation of #omen in contries sch as the **+*, Iran, 'ala&sia, .a/istan, 'ali or Ni%eria*

Thro%h their #ords and the memor& of their deeds #e #ere able to sense the im$ortance of Islamic

feminism as an emer%in% movement that see/s %ender ealit& 1as &et a minorit& movement, bt

#hose messa%e holds %reat ho$e for the ftre*

+t this econd conference, #e #anted to ta/e another ste$ for#ard, to $ose a debate concernin% the

haria and %ender discriminator& Famil& codes crrentl& in force in man& contries #ith a 'slim

$o$lation* r intent is to focs directl& on certain to$ics #here $atriarch& eercises its control

over minds and bodies* In the net fe# da&s #e #ill have #ell-/no#n intellectals and activists

amon% s #ho #ill $resent their vie#s on $ol&%am&, divorce, abortion, famil& $lannin%, seal

ri%hts and the s$irital leadershi$ of #omen* +ll of this from an Islamic $ers$ective, and in

o$$osition to those sectors #hich see/ to im$ose an obscrant vie# of Islam* In other #ords, #e

#ill s$ea/ of the confrontation bet#een Islamic feminism and )dicial Islam, of real sitations of

in)stice #hich man& 'slim #omen are sb)ected to, and of res$onses to these in)stices from an

e%alitarian stand$oint*

The conference #ill not be limited to this to$ic, and the to$ic itself ma& serve as a thread #hich

ta/es s in other directions* If #e s$ea/ of la#s $ertainin% to famil&, #e mst s$ea/ of the

#orldvie# #hich sstains it, of a conce$t of famil& #here the #oman is sb)ect to the man* If #e

s$ea/ of re%ainin% ri%hts, #e are reco%ni4in% that these ri%hts have been violated* If #e s$ea/ of the

reestablishment of )stice and eit& bet#een the sees, #e are evo/in% the ethical dimension of

Islam, $held in the 5rnic conce$tion of the hman bein%, al-insan, a creatre ca$able of love,

solidarit& and transcendence* + creatre %ifted #ith an essential di%nit& re%ardless of %ender, race,

reli%ion or seal tendencies*

What is the Shari’a?

The $r$ose of this initial address is to offer a %eneral introdction to the to$ic7 I #ill $resent

$ers$ectives of Islamic feminism in connection to the isse of haria* In #hat terms is the haria

debate $resented in the Islamic #orld8 +nd more s$ecificall&, #hat overall vie# can #e contribte

to this debate from a feminist $ers$ective8 In order to ans#er this estion #e mst as/ another7

9hat is the haria8 9hat does this #ord mean in the life of ever& 'slim man and #oman8 +ndthis is #here #e meet the first difficlt& in nderstandin%, the first methodolo%ical sna% #hich #e

mst clarif& in the sim$lest fashion*

http://abdennurprado.wordpress.com/2006/11/30/the-shari%E2%80%99a-issue/http://abdennurprado.wordpress.com/2006/11/30/the-shari%E2%80%99a-issue/


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rel& man& of those $resent (some of #hom are 9esterners #ith little /no#led%e of Islam" have

heard the #ord haria in connection #ith barbaric la#s and cor$oral $nishments* :st a fe# da&s

a%o #e received ne#s of the imminent eection of a sentence of stonin% in a case of adlter& in

Iran* The cort #hich decreed this sentence claims to be flfillin% the la#s of Islam* ;i/e#ise from

omalia #e receive #orr&in% ne#s, the so-called corts of the haria are im$osin% cor$oral

$nishments and other sentences* These are corts #ith estionable le%itimac&, #ho disre%ard all

the le%al $rocedres*

Cases li/e these fll& accont for the re)ection a%ainst the #ord haria, associated #ith a t&$e of

le%islation that seems to arise from the de$ths of or o#n histor&* ;et s not for%et that the fi%ht

a%ainst cor$oral $nishment mar/s the be%innin% of a ne# $aradi%m in le%al matters in


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concrete terms, 'slims #old not /no# ho# the& shold do these thin%s, ho# to $ractice the

$illars of or reli%ion* nl& if #e nderstand this can #e nderstand the meanin% of the classic

e$ression there is no Islam #ithot hariaD* The haria is the $ractice of Islam, #hat determines

ho# the rital $ra&ers shold be $erformed, and #hat the zakat consists of, the obli%ator& donation

of $art of ones earnin%s to the need&* The haria establishes ho# one carries ot the $il%rima%e to

'e//a, ho# one fasts drin% the month of Ramadan* In this sense, the haria is essential for ever&

'slim man and #oman*

No# then, the haria $rescri$tions %o be&ond these t&$icall& reli%ios $ractices* In addition to all

that is the $ractice of #orshi$, #e have #hat #e call in +rabic mu‘âmalât , #hich re%lates the

believers relations #ith societ&, incldin% commercial transactions or famil& ri%hts* This is to sa&,

all norms for all matters that are addressed in the social life of 'slims* To#ard this end it has been

a$$lied to the $enal $rocedre, to administrative la# and to #ar* The #ord mu‘âmalât means,

literall&, transactions, echan%es* If the ‘ibada refers to the vertical dimension7 mans direct

relationshi$ #ith the divine bein%, the mu‘âmalât refers to the social, hori4ontal dimension of Islam*

Sharia and Patriarchy

+ll this brin%s s to the crrent sitation* There are nmeros Islamist movements in certain

'slim-ma)orit& contries that in recent decades have invo/ed the haria as the onl& #a& ot of

the $olitical, social and economic evils #hich the& are sfferin%* This demand for the haria

coincides #ith the 4eal for de-coloni4ation, #ith sha/in% off a forei%n herita%e #hich is $erceived

as destrctive, not onl& of cltre and traditional life st&le, bt also of the econom& #hich

%aranteed the sbsistence of these contries $o$lations drin% centries*

+s ;il& Ea/i&ah 'nir e$ressed, “Failure of modernizing secular state is evident by political

decay the decline of politics into authoritarianism patrimonialism corruption and the

dissatisfaction !ith the pro"ect of the post colonial secular states# $he gro!ing saliency of religion

in the politics of countries throughout the !orld is a struggle for cultural liberation in search for

authentic identity political representation and more equitable development in third !orld

countries%#

Ths, the retrn to reli%ios matters is not necessaril& a ste$ bac/#ard* +cce$tance of modern

9estern vales is $roblematic for contries that have been coloni4ed, tortred and e$loited b& the

contries #ho claim to re$resent this modernit&, and this $roblem increases #ith the continit& of

$ost-colonial re%imes, #ho have a$$lied re$ression $olitics a%ainst all those crrents #hich demand

%reater social )stice and an end to $rivile%es* This is the contet in #hich Islamist movements call

for the a$$lication of the haria as a #a& to attain a more )st societ&* Ta/in% all this into

consideration, it is nderstandable that this $ossibilit& is attractive to man& 'slims* The $roblem

is that #hen the Islamists s$ea/ of a$$l&in% the haria, the& are s$ea/in% of a$$l&in% le%al

constrctions dra#n $ b& the %reat )rists of the classical $eriod of Islam* In $ractice, this involves

im$lementin% the death $enalt&, cor$oral $nishments, and a #hole series of la#s #hose $rinci$al

victim is the #oman* This $rocess is /no#n as a re-islami4ation of societ&D* Bt one mst /ee$

ver& mch in mind that this re-islami4ation does not mean retrnin% to a traditional Islam, rooted in

$eo$les dail& life, bt rather the im$lementation of Islam as a reli%ion of the tate*

I ote a%ain ;il& Ea/i&ah 'nir7 “&hile this gro!ing 'slamization has had an impact on states


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societies and communities !omen seem to be impacted the most# (ore than anything else gender-

related issues present some of the most difficult and complicated challenges to contemporary

'slamic la!# 'slamic legal system regulating !omen-related issues the family la! )al-akh!al al-

syakhsyiyyah* has remained static and immutable since its codification a thousand years ago# $ime

and space have changed and (uslims are currently living in a completely different socio-cultural

and political conte+t but the conventional shari’a on gender and !omen remain unchanged# $his

same la! has been used as a reference on issues like gender relations polygamy divorce

inheritance !omen’s leadership role etc# !hich unsurprisingly reaffirms the already patriarchal

attitudes of many (uslim males# ,nder the guise of uplifting 'slamic la! the !ar against !omen is

launched demonstrating the misuse and abuse of od’s authority in order to impose a suffocating

patriarchy among (uslim society#% )'slam (odernity and .ustice for &omen* .a$er $resented at

the Islam and =man Ri%hts Fello# ;ectre, ctober ?>, 2003"*

+t this time there are %ro$s #hich advocate the im$lantation of a codification of Islamic la#

datin% bac/ to the @th or ?0th centr&, and #hich in $ractice means nothin% more than cor$oral

$nishment, )stification of domestic violence a%ainst #omen, dress codes #hich restrict freedom,

famil& codes #hich are stron%l& discriminator& and chavinistic, restrictin% #omens ri%hts to

divorce, inheritance, and eercisin% certain $rofessions*

Faced #ith these attem$ts, Islamic feminism denonces that this s$$osed Islamic la# is not the

la# of Aod, as its $ro$onents affirm, bt rather a hman creation codified too man& centries a%o,

in the contet of societies #here the #oman #as considered $ro$ert& of the man, and #here

reli%ios discorse #as in the hands of men* This movement considers that the Islamic tradition has

been de%raded and the 5rn has been distorted* It $ostlates that %enine Islam contains

im$ortant elements of liberation and it $ro$oses that these be re%ained as the basis for the 'slim

#omans emanci$ation*

Feminist readings of 1ur2an

The need for 5rnic hermenetics from an e%alitarian $ers$ective becomes evident here, as has

been $ro$osed b& +sma Barlas in her boo/ Believin% 9omen in Islam* +n anal&tical readin% of

the =ol& 5rn ma/es clear that classical Islamic )ris$rdence is not merel& an ob)ective

im$lementation of 5rnic $rinci$les, bt rather an inter$retation lin/ed to a concrete historical

$eriod, carried ot from a $atriarchal $ers$ective, and lin/ed to a hierarchical conce$t of societ&*

I #old li/e to mention a s$ecific eam$le of ho# sch hermenetics #or/7 the famos case of the

daraba and domestic abse, be%innin% at verse 3> of cha$ter > of the 5rn7

“3 a l4lat5 ta/6f7na nush78ahunna fa’d97hunna

a ih:ur7hunna f5 l4mad6:i’

a idrib7hunna0%

(5rn, srah >, an-Nisa, verse 3>"

This $assa%e has been the ob)ect of innmerable e$lanations and inter$retations thro%hot

histor&* The $roblem ori%inates in the $ol&semos natre of the last #ord, idribûhunna* +ccordin%to nmeros athors, the verb daraba in this contet means beat, stri/e, #ith #hich the 5rn is

$ermittin%, as a last resort, the beatin% of #ives7


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“As for those omen ith hom you may have a dis#ute)

admonish them)

then leave them alone in bed)

then beat them .

This nderstandin% sitates s #ithin the $atriarchal le%al tradition of Islam* Aiven its contradiction

#ith the %eneral teachin%s of Islam and #ith the nna of the .ro$het ($eace and blessin%s",

scholars have to e$lain this verse in some #a&* In relation to this matter 'hammad ($eace be

$on him" clearl& sho#ed his re)ection of all forms of violence a%ainst #omen7 “/ever beat od’s

handmaidens% “0e !ho beats his !ife is the !orst of all men%, and “$he best amongst you men is

he !ho best treats his !ife%* Ths #ith the intention of em$t&in% of violenceD this beatin%D, a

series of limitations are indicated7 one cannot stri/e in moments of an%erG one cannot stri/e

sensitive areasG one can onl& stri/e li%htl&, etc* +n&one can see that these limitations dilte the

$nishment to its minimm and ma/e it ridiclos or im$ossible*

This has an e$lanation in the ver& $ol&semos natre of the #ord idrib1hunna . Ta/in% into

accont that man& +rabic s$ea/in% 'slims read verse 3> of an-Nisa as beat themD, and that the

nna e$licitl& $rohibits this, the fuqaha have come $ #ith a means of nitin% the t#o* The&

have come $ #ith a series of limitations to this beat themD ma/in% it so absrd that it cannot ta/e

$lace* For eam$le, there is a hadith #hich s$ea/s of not beatin% the faceD of the enem&, %iven that

the face is the si%n of or li/eness* The idea of beatin% #ith a si!ak (a t&$e of toothbrsh" has its

ori%in in a hadith in #hich the .ro$het (sa#", an%r& #ith someone, said to him if it !asn’t for the

fact that ' kno! that it !ill !eigh against me on the 2ay of .udgement ' !ould beat you !ith this

3sho!ing a si!ak4% ($assed on b& Ibn 'a)ah and for Ibn =ibban in their Sahih"* In this #a&, it is an

attem$t to avoid beatin%s #ithot %ivin% $ the $ossibilit& (#hich is a fact" of readin% the verse of

an-Nisa in the sense of beat themD* + strata%em 1 #hen the cases that have made it necessar& are

left to one side, one %ives #a& to ambi%ities and misnderstandin%*

$$osin% these t&$es of ar%ments (casistr& t&$ical of Islamic )ris$rdence of the H th to ?2th

centries", other 'slim scholars stated em$haticall& their re)ection of an& $ossibilit& of ill-

treatmentD of #ives, no matter ho# remote or limitedD it claims to be* In this case, the

limitationsD do no more than leave the door o$en, )st as it has been sho#n in cases of domestic

violence in #hich a 'slim man has so%ht $rotection in his reli%ion in order to )stif& his actions*

In this controvers&, the determinant $oint is the meanin% of verse 3> of the srah an-Nisa* The verb

daraba is eminentl& $ol&semos and that in the ver& 5rn it has different meanin%s*

To travel, to leave7 37?!6G >7?0?G 3@7>>G J3720G 272J3

To stri/e7 2760,J3G J7?60G @7?2G 207JJG 2>73?G 26763G 3J7H3G >J7>

To beat7 @7!0G >J72J

To %ive eam$les7 ?>72>,>!G ?67J!,J6,??2G ?@732,>!G 2>73!G 3072@,!@G 367J@G 3H72J,2HG

>37?JG !H72?G 667?0,??

To ta/e a#a&, de$rive7 >37!

To condemn7 276?


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To seal, to hide7 ?@7??

To cover7 2>73?

To e$lain7 ?37?J

In the 5rn, daraba a$$ears #ith at least ten different meanin%s #hich are onl& some of the morethan thirt& meanin%s of this +rabic verb* 9hen the scholars e$lain ho# the abltions (!udu"

shold be carried ot the& se this verb 1 $orD (daraba" #ater over the face* ther meanin%s are7

im$rintD (coin"G mlti$l&D (nmbers"G finishD (a )ob"G etc* From this, one nderstands that each

reader of the 5rn in +rabic reads this $art of the verse accordin% to his or her o#n

nderstandin%*

Not all scholars read the verb daraba, in an-Nisa 3>, as beatD* ome ar%e it cannot refer to ill-

treat or $h&sicall& beat* In an& case, it #old refer to beat in a fi%rative sense 1 a coup de

th5âtre or to set an eam$le in order to brin% abot a chan%e*

The adi Kr* +bdl =amid +b la&man, $resident of the 'nternational 'nstitute of 'slamic

$hought and rector of the International Islamic niversit& of 'ala&sia affirms in his article

‘6hastising &omen7 8 (eans to 9esolve (arital :roblems’ 7 “8 correct reading of the term daraba

advises a husband to ‘separate’ from his !ife to ‘distance himself ’ from her and to ‘leave’ the

con"ugal home%# In addition, he indicates that #hen the 5rn tal/s of stri/e $h&sicall&D it ses

the verb "alada (flo%", as at the be%innin% of the srah an-Nr ($nishment in the case of adlter&"*

7?0?G 3@7>>G J372HG 272J3"* This

o$inion is shared b& nmeros athors, sch as 'ohammed +bdl 'ale/ (Koes The 5ran

anction The Beatin% of 9omen8", 4ma 'a4har (Treatment of 9ife", and man& others*

This readin% is reinforced b& the verse as a #hole and the verse that follo#s it* ne needs to ste$

bac/ a little in order to see the #hole $ictre* The #hole can be nderstood as follo#s* If &o have

domestic $roblems, in the first $lace tr& to tal/ calml&* If this does not solve the $roblem, leave

&or #ives alone in bed* +s a last resort it is best to se$arate* If the& are in a%reement, in no #a&

shold &o loo/ for ecses to abse them* ee/ an arbitrator to settle &or dis$tes and formalise

the divorce*

This translation is in accordance #ith other $assa%es of the 5rn #hich deal #ith the sb)ect of

divorce7

A divorce may be ;revo.ed< tice& hereu#on& the marriage must either be resumed in

fairness or dissolved in a goodly manner0

(rah 2, +l-baara, 22H"

And so& hen you divorce omen and they are about to reach the end of their aiting4

term& then either retain them in a fair manner or let them go in a fair manner0 =ut do

not retain them against their ill in order to hurt ;them


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If you marry believing omen and then divorce them ere you have touched them& you

have no reason to e>#ect& and to calculate& any aiting #eriod on their #art hence&

ma.e ;at once< #rovision for them& and release them in a becoming manner0

(rah 33, +l-+hsab, >H"*

And if a oman has reason to fear ill4treatment from her husband& or that he may turn

aay from her it shall not be rong for the to to set things #eacefully to rights

beteen themselves, for #eace is best& and selfishness is ever4#resent in human souls0

(rah >, an-Nisa, ?2@"

In the case of a serios domestic conflict the 5rn recommends resolvin% the matter in a %oodl&

mannerD, #ithot hrtin% themD and in a becomin% mannerD* Bet#een this and beat themD there

is an ab&sm, and as sch this translation a$$ears incon%ros*

In his translation of the 5rn $blished b& .rinceton niversit& .ress (?H@@G $$* J@-JH", +hmed

+li offers an alternative readin%7

As for omen you feel are averse& tal. to them suasively) then leave them alone in bed

!ithout molesting them" and go to bed ith them !hen they are illing"0

9here some read beat themD, +hmed +li reads %o to bed #ith themD* In other #ords, ma/e love*

This ma& seem frivolos, and &et +hmed +li ses as a basis t#o indis$table athorities in order to

)stif& his translation* The first is the 5rnic commentator Eama/hsari* The second is Ra%hibs

8l-(ufridat fi harib al-;ur


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and even less a catechism #hich mst %ive an ans#er to ever& estion* This #a& #e #ish to sho#

that Islamic feminism has its fondation in the =ol& 5rn, as revealed b& an anal&tical readin% of

the tet* In other #ords7 if, to be%in #ith, #e have sho#n that the traditional $atriarchal readin% has

al#a&s chosen the inter$retation most detrimental to #omen, ot of all $ossible readin%s, a

inter$retation in the contet of the #hole sho#s that this readin% cannot be $held in the least* The

error often committed is $recisel& that of avoidin% this readin% of the 'essa%e of the 5rn as a

#hole, loo/in% instead for verses #hich re%late the life of believers* This is the essence of )dicial

Islam7 transformin% the 5rn into a boo/ of la#s, contrar& to all the evidence*

The& are mista/en those #ho thin/ that Islamic feminism constittes a heterodo&, as o$$osed to

the orthodo& re$resented b& the $atriarch&, as if this constitted tre Islam, and feminism #ere a

modern movement that tries to ada$t the messa%e of the 5rn to contem$orar& realit&* In fact it is

)st the o$$osite7 an e%alitarian readin% of the 5rn res$ects the tet as the revealed 9ord,

#ithot the need to t#ist its meanin%* B& contrast, the $atriarchal readin% of the tet re$resents a

clear mani$lation in man& as$ects, in man& cases offerin% inter$retations #hich cannot #ithstand

the most minimal anal&sis* If these inter$retations are maintained over the centries as nchan%in%

trth, it is onl& becase of the constant $ressre from the traditionalist cler%& #ho are at the service

of totalitarian $o#er* This alliance bet#een reactionar& cler%& and des$otic $o#er constittes the

essence of the $atriarch&* This alliance is seen not onl& in all that concerns #omens ri%hts, bt also

in the ver& s&stem of %overnment and social or%ani4ation* The commnit& s$irit of Islam has been

sbstitted b& a reli%ion of the tate* The ma/in% of collective decisions in traditional assemblies

has been eradicated* The conce$t of the cali$h, accordin% to #hich ever& hman bein% is a cali$h of

Aod over the earth, has been converted into the e$ression of des$otic $o#er*

+s o$$osed to the $atriarchal reli%ion #hich #e have inherited, thro%h Islamic feminism #e o$en

$ to a ne# dimension of or tradition, so as to recover the balance that shold $revail in a ri%htl&

%ided societ&* Islamic feminism is dee$l& rooted in the 'essa%e of the 5rn* In the ;ur=n, #eare ite far from #orldvie#s #hich $resent a male s$eriorit& over the female* Thin/ of =esiods

#orldvie#7 #oman re$resents the chaotic forces of natre, a creatre contrar& to Civili4ation and

Cltre* For =esiod, Civili4ation is $rodced as a reslt of male dominion over the female*

.andora, the first #oman, enters later than man, a $oisoned %ift from Ees, a $nishment for havin%

stolen fire* 9oman is a $nishment, a %reat calamit&, re$resentative of the blind forces of natre

that man mst master* The case of =esiod is $aradi%matic to all Aree/ tho%ht, a $atriarchal

conce$tion, stron%l& miso%&nos, #hich $assed from m&tholo%& to $hiloso$h&* This vie# has

dominated 9estern tho%ht for man& centries, $ ntil the arrival of modern times*

n the contrar&, in the 5rn there are none of the ideolo%ical elements #hich )stif& theestablishment of a $atriarch&* The 5rn s$ea/s to s of Creation of men and #omen from a sin%le

sol, from a nitar&, ndifferentiated base, from #hich the be%innin%s of both mascline and

feminine a$$ear* +t no time is an ontolo%ical difference established bet#een men and #omen* +ll

hman bein%s en)o& the same ran/ before +llh, and the& are onl& differentiated b& their inner

alities* The ontolo%ical ealit& bet#een men and #omen ta/es s to the cosmic ima%e of the

Balance* 9e created ever&thin% in $airsD, sa&s +llh in the 5rn* 9e live in a #orld of

$olarities7 cold and hot, active and $assive, bod& and s$irit* +ll these o$$osin% or com$lementar&

$airs are held in tension #ithin the hman bein%*

nl& a fll a#areness of the eilibrim bet#een male and female res$onds to these teachin%s* This balance can never be based on the idea of male s$eriorit& over the female, or in mans

%ardianshi$ of #oman* In this sense, #e mst reali4e that $atriarch& means the destrction of


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Islam as a s$irital $ath* .atriarch& is nothin% more than fiction, it re$resents a brea/ from the order

of creation, from the ver& inner d&namism of thin%s* The sb)ection of the female to the male leads

to a sta%nation of societ&, $on eclsion of #omen* The $atriarch& is in essence n)st, contrar& to

the messa%e of the 5rn, contrar& to the eam$le of the .ro$het 'ohammed, contrar& to or

ori%inal natre, to that innate feelin% of )stice en%raved on the heart of ever& creatre*

In short, Islamic feminism $resents itself as a movement for s$irital restoration as #ell as a socialmovement* In the social arena, recoverin% the messa%e of the 5rn corres$onds to the str%%le for

%ender ealit&, a%ainst all discrimination that the& tr& to im$ose on s in the name of Islam* n the

s$irital s$here, this gender "ihad consists in recoverin% the balance bet#een the mascline and

feminine #ithin each one of s*

To affirm that the 5rn does not $hold the $atriarch& has %reat im$lications* This is not )st a

nice statement, to $la& to the %aller&, bt rather to become conscios of #hat this means and to act

accordin%l&*

First of all, it means reco%ni4in% that a lar%e $art of the /no#led%e $assed do#n to s b& the %reat#ise men of the $ast is corr$ted b& a $atriarchal vie# #hich disfi%res the 'essa%e of the 5rn

on im$ortant $oints* If one ta/es 5rnic commentar& from the classical $eriod, this bias is $lainl&

seen, to the $oint that it can be said that man& of the %reat commentators res$ected as %reat #ise

men b& the ma)orit& of 'slims #ere absoltel& miso%&nos, to etremes that are difficlt to

ima%ine* This is so in almost ever& area, not onl& in )ris$rdence, bt also in 5rnic ee%esis, in

$hiloso$h&, and even in m&sticism and fism* This does not mean that #e mst thro# this

immense le%ac& a#a&1that #old constitte intellectal sicide* Instead, it means that #e mst

maintain a critical a$$roach to the Islamic le%ac& from the classical $eriod*

econd, to affirm that the ;ur=n does not $hold the $atriarch& $laces s in o$$osition to a #holecaste of miso%&nos and reactionar& cler%&* Resistance to Islamic feminism from these sectors is

enormos* ;et s not for%et that the $atriarch& has constitted the sbstrate of Islamic societ& for

forteen centries, and $ermeates all as$ects of societ&* The criticism of Islamic feminism from

other 'slims focses on t#o $oints7 (?" feminism is a 9estern movement #hich ndermines the

cltral and reli%ios identit& of the 'slimsG and (2" feminism is a movement #hich destro&s the

famil&*

Theolo%ical criticism of feminism focses on the idea that Aod has created man and #oman as

differentiated creatres*


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Faced #ith criticism on the $art of other 'slims, #e mst ma/e clear that (?" Islamic feminism is

based on an anal&tical readin% of the 5rn, and (2" Islamic feminism is not a%ainst the haria*

Insistence on fi%htin% a%ainst in)stices #hich are committed in the name of the haria is not

fi%htin% a%ainst the haria7 it is fi%htin% a%ainst in)stice* +ctall&, the bi% enemies of the haria

are those #ho tr& to a$$l& discriminator& la#s* 9e are not s$ea/in% of abstractions, bt of star/

realit&* Krin% the conference, haheen ardar +li #ill s$ea/ to s abot the hudood la#s in.a/istan, #here the #oman #ho re$orts a ra$e is reired to have for male #itnesses #ho

corroborate the facts* ther#ise, she ma& be accsed of zina, adlter&, or even be $nished for

re$ortin% a ra$e that she cannot $rove* nder these circmstances, most ra$es are not re$orted, ths

%ivin% incentive to ra$ists, #ho /no# the& #ill %o n$nished* +nd all this becase of the stron%

$ressre from Islamic $arties to maintain this la#, #hich has nothin% to do #ith Islam, bt is

$resented as a $art of the haria* These Islamic %ro$s are the ones #ho are creatin% a stron%

re)ection of the haria amon% the 'slims themselves* Faced #ith this realit&, Islamic feminism

can be seen as a defense of the haria in modern societ&, based on an e%alitarian readin% of the

5rn* ne %ood eam$le of this attitde is +&esha Imam, #ho after her fi%ht a%ainst sentences of

stonin% and other $nishments im$osed b& the haria corts in Ni%eria, has $blicl& defended the

ri%ht of Ni%erian 'slims to be %overned b& the haria*

9e find orselves, therefore, needin% to carr& ot an inter$retation of the haria #hich does not

enter into contradiction #hich the le%al $rinci$les of ealit& bet#een the sees, of non-

discrimination* This im$lies leavin% behind medieval codifications and carr&in% ot a radical

transformation of Islamic )ris$rdence* In $ractice, this means revisin% all those discriminator&

la#s, those a%ainst #omen as #ell as those #hich discriminate a%ainst reli%ios, seal or racial

minorities* '& $osition on this is ver& sim$le* If #hat #e call haria involves the least

discrimination, I #ill o$$ose it #ith all m& stren%th* B& contrast, if the haria means a $ossible

a$$lication of the 5rnic 'essa%e of social )stice and ealit& of all hman bein%s, in this case I#ill defend the ri%ht of 'slims to be %overned b& the haria, #ithot an& contradiction #ith

hman ri%hts and democrac&*

In order for this e%alitarian vie# of the haria to be fritfl, it mst be absoltel& clear that it

cannot be based on discriminator& criteria, or on a se%re%ation of man and #oman, se$arated b&

some ideali4ed vie# of male and female, assi%nin% social roles accordin% to %ender and not

accordin% to the alities and abilities of each hman bein%* In order for this e%alitarian vie# of the

haria to be fritfl, it mst be based on a dee$ a#areness of the essential di%nit& of each hman

bein%, re%ardless of their se, as a cali$h of +llh over the earth, char%ed #ith carin% for the earth

and im$rovin% ones srrondin%s*

This criterion involves recoverin% the 5rnic vie# of the hman bein%, al-insan* It mst be stated

clearl&7 the 5rn does not establish roles as a fnction of se, bt it considers each creatre as

insan, a transcendental creation, %ifted #ith reason and )d%ment, a creatre ca$able of lovin% and

%ivin% itself to another, of bein% flfilled as a cali$h of Aod over the earth* The assi%nin% of

differentiated roles for man and #oman is a social constrction that #as im$osed as a basis from

#hich to limit the e%alitarian messa%e of Islam* +s +sma Barlas ri%htl& states, it is not a matter of

critici4in% the %reat thin/ers of Islam from the classical $eriod for not havin% the same criteria as

#e do* It is rather a matter of reco%ni4in% that the& a$$lied criteria #hich intervened in their

inter$retation of the 5rn, and of decidin% #hether this criterion is valid for s*

+s a movement rooted in the most athentic Islamic tradition, Islamic feminism shold not remain


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in #hat is merel& ideolo%ical* It mst be able to %et $ast or differences and to acce$t the str%%le

#hich, from different trends and sensitivities, is ta/in% $lace on behalf of #omen* In this sense, the

movement mst /no# ho# to reach ot both to Islamist movements and to seclar +rab feminism,

dra#in% from the most athentic as$ects of their $ositionin% and le%acies* Aoin% be&ond the

ideolo%ical means considerin% orselves a movement for s$irital rene#al* nl& from a rene#ed

commitment to the vales of Islam can #e reach or ob)ective* The $atriarch& is nothin% more than

fiction, an ideal order created b& man in order to veil or access to the nie Realit&, #here

masclinit& and feminit& are $erfectl& balanced*

In smmar&, #hat #e $ro$ose is a %enine transformation, carried ot from a dee$ connection #ith

the 'essa%e of the 5rn, from o$enin% or heart to +llh as :st and 'ercifl, al-‘8dl !a al-

9ahman, a $rofond Fontain of ;ove that reaches everhere, #ho has established the Balance,

al-(i>an, the $erfect eilibrim of forces #hich rn thro%h Creation, and affect the creatres, as

an nendin% movement from the ne to#ards the ne*

Bt onl& +llh /no#s*

The Sharia Issue

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