Justice – common
theme in this volume
and
these two chapters, in particular
Scholars argue that justice is one of
the superordinate goals of these two faiths yet the admit that their
practioners
have used their religious texts expressly to treat women INJUSTLY
Why?
Engineer
Engineer argues that interpretations of
the Koran, the ahadith, and shari’ah laws should be
seen CONTEXTUALLY, i.e., as products of their CULTURAL and HISTORICAL
contexts.
Koran/Qur'an = Islamic
scripture; the word of GOd as revealed to the Prophet Muhammad
normative - i.e., it speaks to how things should be (not how they are)
Shari'ah = Islamic law, first
codified in the 4th century of the Islamic calendar.
Consists of:
1) Koran
2) Hadith (other people's reports of the prophets sayings and doings)
3) Qiyas (def: analogy. For new situations, i.e.,
situations not explicitly covered in the Koran or existing ahadith;
legal scholars reason by analogy)
4) Ijma (def: consensus; the process by which qiyas become part
of shari'ah law)
How did ahadith, qiyas
(analogy), and consensus evolved unjustly vis-a-vis women
1) through cultural amplification, interpretations that were culturally
shaded
2) through personal biases,
unfaithful recollections, falliability of narrators of ahadith
3) through the capture of
political power by practioners of Islam; by becoming part of
establishment, it lost its initial revolutionary thrust (113)
4) by converting
religion into an institutionalized estalishment, pwer structure;
religion than used to distribute favors rather than for spiritual
enrichment (113)
5) by using intellect
(rationality) to interpret Scripture robbing it of its transcendental
thrust (113); in other words, human beings use Scripture to rationalize
what they want rather than to hear what god wants for us.
***combined - these
tendencies create a theology supportive of the status quo (113)
While Islam improved the status in some ways, interpretation of revealed scripture (i.e., the Koran) and teaching developed by Islamic legal scholars (ulama) are reflections of the patriarchal, subhuman view of women common in many parts of the Arab world.
Koranic verses have been used
to
justify
polygamy and wife abandonment (Zihar)
both of which were practiced by Arab
tribes
before the introduction of Islam.
Interpretation of
Scripture Must Evolve
Engineer argues even scripture needs to be interpreted according to
contemporary notions of justice, human rights, etc.
Indeed, as in the Bible/Torah there are verses in the Koran saying its fine to have sexual relations with one’s “slave girls” (sic).
The Jewish chapter in Raines and Maguire refers to the Torah talking about how to treat women captured from conquered people (that they should be left to grieve for one month and then made one’s “wife” (i.e., subject to the man’s sexual will) and then if he grows tired of her, let her go but not sell her! (Deut. 21:10-14).
Engineer uses the references to slavery in the Koran to bolster his argument that human concepts of justice have evolved over time, that no one believes slavery is right any more, and that if we can move beyond this horrible institution, that we can also develop a new consensus on the treatment of women that is in keeping with contemporary views of equality and rights.
Examples of Women's
Status Improving through Islamic teachings, practice
Engineer asserts that Arabs treated their women as chattel before the
teachings
of the Prophet Mohammed.
Koran requires a man to protect and provide for his wives and to have more than one wife ONLY if he can treat all equally are not often followed in practice.
Yet, the Koran implies that it is NOT POSSIBLE to treat all wives equally in practice, the implication being that, therefore, polygamy is not really an option for the faithful Islamic man.
The Koran gives women the
right to inheritance (half that of a son)
The Koran implies the right
to divorce for women, even without husband's consent as in story of
Mohammad granting divorce to Jamila (not how divorce has been codified
over time in shari'ah law of specific countries, communities; Egyptian
example)
The Koran on women's
dress, appearance
There is no requirement in the Koran
that women be veiled only dressed modestly, (covering their breasts and
without showing their adornments and fineries publicly)
Engineer argues that definition of modesty varies from culture to culture (126-7)
Both men and women are
inveighed to
lower
their gaze from the opposite sex (127)
Therefore, not necessary to
keep women at home, practice purdah
Further questions on slavery, and the treatment of women in world
economy and under Shari'ah law today:
Is it true that everyone believes
slavery
is wrong? We have been confronted with evidence in this class
that
it is still practiced with women (and
children)
from many parts of the world – Eastern Europe, Russia, East Asia, South
Pacific Islands, Africa – sold into and living in slavery everyday
.
Thus, how can we say that slavery is universally condemned today?
Do the people that sell them
believe that slavery doesn’t exist anymore
or that it is wrong?
This may sound like pedantic
questions
but I think that often people arguing for a more contextual (i.e.,
modern
and Liberal) reading of religious texts often assert notions of human
rights
that ARE NOT universally held. If they were, we wouldn’t be
having
this conversation and there wouldn’t be death sentences on women’s
heads
imposed by shari’ah courts for “committing adultery” when they have
actually
been raped, etc.
National
Geographic story on slavery today
Story
on Harvard student activist