Islamic Feminism is a term nowadays becoming
very common, especially in Islamic Countries insisting Islam is complete and
there is nothing out of it happening, but just a few people think how can one
have it both ways, i.e. be a Muslim and be a feminist? This compound noun is so
contradictory that words cannot describe it. Obviously, it is formed by adding
“Islamic” to “Feminism” that will be scrutinized briefly in this article to
prove why these two words cannot stand together and it is an absolute “no way”!
In 18th century, Feminism, became
popular in France and the Netherlands and in early twentieth century it reached
USA. This civil movement first aimed to gain some civil rights for women but
amongst all, “the right to vote” became bold. The second movement began in 70s
and 80s and then activists did not just demand “the right to vote” but to gain
civil and economical rights. As a matter of fact what Feminists are demanding
is equal rights regardless of gender in all grounds. Some critics point out to
the physical differences between men and women and try to whitewash and keep
Patriarchal system, but assuming only men existed, even men are physically
different and for instance in a factory that only men work, even they are
different from each other, some are thin and some are muscular, some are
handsome and some rather ugly, some are strong and some weak, so the salary of
them must be differentiate based on appearance! This is not a fair theory. We should
note that some has exceeded feminism and believe women are better than men,
they are extremists and this article is not related to them. According to
article 1 of International Declaration of Human Rights: “all human being are
born free and equal in dignity and rights.” And article 2.1 of The
International Covenant on Civil and Political Rights it is mentioned: “Each State Party to the present Covenant undertakes to respect and
to ensure to all individuals within its territory and subject to its jurisdiction
the rights recognized in the present Covenant, without distinction of any kind,
such as race, color, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status” and amongst all in
the article 1 of Convention of Elimination of all forms of discrimination
against women is mentioned: “Any distinction, exclusion or
restriction made on the basis of sex which has the effect or purpose of
impairing or nullifying the recognition, enjoyment or exercise by women,
irrespective of their marital status, on a basis of equality of men
and women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field.” Thus, talking about
Feminism is talking about equal rights and stand against any law that forbids
or limits some rights based on the gender and for instance we cannot deprive
women from studying a particular major because they are “women”.
But what are women’s rights in Islam? Maybe
1400 years ago, when Arabs buried their daughters and it was a shame if a man
had a daughter, some rights have been given to women, but this does not mean
yet, there is no need to change those rights that in our era are mostly
violating international documents. These changes are inevitable and the end of
the day are doomed to be removed. In Iran there are evidences that there was a
“matriarchal” period which lasted up to Alexander attacked Persia, this attack
ended in taking over our land and replaced “matriarchal” system with
“patriarchal” up till Sasanian Empire, when once again women gained their
rights but this was temporary and by Islamic forces invading Iran, women lost
all their rights and was amounted as property of a man. For instance in Quran
2-223 indicates: “Your wives are a place of sowing of
seed for you, so come to your place of cultivation however you wish and put
forth [righteousness] for yourselves. And fear Allah and know that you will
meet Him. And give good tidings to the believers”. In a case in family court, I
was advocating a woman who was blaming his husband because he was only
interested in oral sex and asked the court to issue a sentence to force husband
to pay more attention to her needs as well, but surprisingly the court by
indicating the aforementioned verse of Quran did not accept the case and dismissed
it, while if the claimant was man, the woman was sentence on the grounds of
being disobedient and forced her to do whatever her husband asks for, and if
she declined her daily allowance was suspended and issued a permission for the
man to get married again. In 4-34 it is mentioned: “Men are in charge of women
by [right of] what Allah has given one over the other and what they spend [for
maintenance] from their wealth. So righteous women are devoutly obedient,
guarding in [the husband's] absence what Allah would have them guard. But those
[wives] from whom you fear arrogance - [first] advise them; [then if they
persist], forsake them in bed; and [finally], beat them. But if they obey you
[once more], seek no means against them. Indeed, Allah is ever exalted and
grand”, many commentators tried to define this and for example they said this
is the third step, but domestic or intimate partner violence is not acceptable
in any way and “Beat them” is an order in imperative form, so it is not an
option, but a “must be done”. Women in Islam has no power at all to choose
And are always
under custody of a man, either her father of grandfather from father side
before marriage – regardless of her age – and after that her husband. A girl
cannot choose who she wants to marry with unless her father approves him and
gives permission (article 1044 Civil Law); or cannot study or work unless they
give permission, so a husband can intervene and force his wife not to work if
he assumes it against his dignity and prestige (article 1117 Civil Law), that
all are adopted from Islamic Jurisprudence. On the other hand Ali Ibn Abi
Taleb, fourth Caliph of Sunnis and first Imam of Shi’as in the book mentioning
his speeches, in the 80th speech assumes women as “wanting in reason” and make it clear why 1
male witness equals 2 female witnesses or inherits half of a man in the same
position.
Another right feminists have fought for is the “Divorce Right” and “Child
Custody”. The first one according to article 1133 of Civil Law, and in
competence with Islamic jurisprudence is a right dedicated to men and the
second one according to Islam is always dedicated to the father or his father,
thus in article 1169 in a divorce case, mother has custody only up to the time
the child becomes 7 years old and after that they must live with their father
until they reach to Islamic mature age, i.e. 9 lunar years for girls and 15
lunar years for boys, and in this case considering omitting article 1209 –
which has been recognized as incompetent with Islamic Law and was deleted –
which indicated 18 years is the age an individual is considered mature and discerning, first a case must be filed to
approve child’s discerning and the another case should be filed for the child
to choose with whom he or She wishes to live. Although tutorship remains always
in hands of father of his father, but in article 43 of Family Protection Law
the custody is given to mother in case the father is dead, yet if the child’s
grandfather is alive he will be the tutorship.
Women’s
movements towards gaining equal rights, began with the revolution known as
“constitutional revolution” in which the revolutionaries asked Muzafareddin
Shah Qajar to give up the power and a constitutional law was written and a
parliament formed. Famous authors including Kasravi, Malekzade, Adamiyat, Nezam
Mafi, Mohit Mafi, Nazemolislam kermani, safaee, Dowlat Abadi and Rezvani marked
out unions formed by women during the mentioned revolution: Unions such as Free
Women Union in 1907, Women of Country in 1910, Patriot Women, etc. challenging
the traditions and culture of that moment. However, only a few of these women
who supported Constitutional revolution, were considering women’s rights, but
the first women taking actions for women’s rights were either a
constitutionalist or one of the civil movement of 1280 solar year, namely,
seddighe dolatabadi, Banou Amir Sehi Mah Sultan, or were from the open minded
families with nationalistic ideas like Mohtaram Eskandari. After the
constitutionists earned what they asked for, “a lot of uneducated women
returned to their former places in their homes” and only educated and open
minded women continued their way and insist on gaining women’s rights. At this
time, constitutionalist men like Mirzadeh Eshqi, Malekoshoara Bahar, Iraj
Mirza, etc. also supported women’s movements and what they proposed, especially
the right to study and remove Compulsory hijab. For instance in 4th
of August 1911Haj Mohammadtaghi Vakilolroaya, an MP, talked about equal rights
and proposed the pass a law to give voting right to women in parliament and
caused the parliament a great discussion and one of the mullahs in the
parliament disagreed with it and mentioned it is against Islam. Although these
supports did not end in any results but in a comparison to Islamic Revolution
in 1979 were more emphasizing women’s rights.
Over all it can
be said that although constitutionalist Revolution profited from women but with
disagreements of mullahs at that time had no good consequences for women and in
action gave them no specific success for them and no rights were recognized by
law for women. The constitution law contained absolutely no right for women which
caused them to react and since then different unions or associations were
formed under different titles and focused on women’s rights.
During Pahlavi
Era, Reza Shah ordered to remove Hijab and criminalized wearing Hijab.
Notwithstanding all criticisms against this “unveiling” no one mentions it
caused half of Iranian society comes back to the stage and gain their own
rights. In 1959 after Mohammad Raza Shah Pahlavi gave a speech in Ministers
meeting, media covered the issue that Shah wants Women to have the right to
vote and everyone were talking about it. In media it was mentioned that Shah is
standing against those who disagree with this right alone. After all these
fights and disagreements Shah declared “the white revolution” also known as “Shah
and People Revolution” 26th of January 1963 the election law was
amended and according to the 5th principle of the mentioned
revolution’s declaration for the first time, women were allowed to take part in
elections either by voting or becoming a candidate, and in the same year women
participated in the election. The consequence of this principle was that women
also had the right to decide for their own future and play a vital role in the
future of the country. Afterwards a law was passed under the name of The Family
Protection Law in 16th of April 1963according to which women gained
the right to file divorce and custody of children. Lots of women after these
reforms and took part on national events and became minister, Member of
Parliament or Senate, University Instructors, Judges, Lawyers and Attorneys,
manager of companies and even employed by Governmental or nongovernmental
organizations and companies.
During that
year Ruhollah Khomeini sent a telegraph addressing Shah that these are all
against Islam and asked him to step down and overrule them, but Shah did not
and so this was the first time a mullah who has published his theory of
religious leader was published began his disagreements, and finally in a
coalition with lefties 1979 revolution happened. As soon as Khomeini gained
power, first killed all opposing him, including lefties to whom he promised he
would not get the power and does not want to be leader. Then Hijab became
compulsory by Hassan Rouhani, the current president of Islamic Republic,
suggesting and Khomeini signed it. In 8th of March 1979 women
demonstrated while shouting “we did not take revolution, to go backwards” but
it was not efficient and since then all women has gained are demolished. In
politics, by using the term “political-man” –an Arabic compound noun – they prevented
women to become candida and remove their right to file divorce or custody as
mentioned above.
To sum up, two words “Islam” and “Feminism”
cannot form a single compound noun and it is impossible a person be “Muslim
Feminist”. In fact those advertising this theory are giving wrong and
fraudulent interpretations from Islam, while bearing in mind all Abrahamic
religions are masculine and patriarchal, now the third wave of Feminism is
criticizing Simone de Beauvoir used the patriarchal literature and ask for
removing gender base words be eliminated and languages be amended, while in
Farsi, the Language spoken in Iran, Tajikistan and Afqanistan there is no
gender and for instance there is only one third person singular subject form
“OU” and the gender of the person has no role to play in it. Anyway, “Islamic
Feminism” is more like a dirty joke rather than a serious term because Islam
never agrees to equal rights for women because it is mentioned in Quran and
Islamic jurisprudence and it is like a weird alien to accept equal rights while
believing in Islam.
Houshmand Rahimi
Attorney-at-law and University Instructor in Iran
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