Category Archives: Impact on Women

Research Journal on Ch. 2: Status of Woman in Different Ages

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In this chapter, Maududi describes some doctrines that were prevalent in ancient Greece, ancient Rome, and Christian Europe. I will not be detailing this portion, but in a nutshell, he disproves of the many Goddesses like Aphrodite and the belief that woman was the mother of all sins. I am more interested in his criticism of equality and independence. He believes:

  1. Equality between male and female threatens the family system.
  2. Economic independence of woman also leads to the collapse of family system.
  3. Free intermingling of the sexes creates sexual chaos.

My take on this is as follows:

  1. Equality between the sexes means equal opportunity in every domain of life. It means upholding the Universal Declaration of Human Rights: http://www.un.org/en/documents/udhr/ Establishing an egalitarian society, by definition, grants everyone fair and equal rights. It does not marginalize rights or family order.
  2. Maududi is assuming that economic dependence of women on men is the main thing that binds family. In essence, he is implying that economic dependence holds the fabric of family life intact. That is an unreasonable thing to propose.

Research Journal on Ch. 1: Nature of the Problem

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Maududi, Abul A’la. Purdah and the Status of Women in Islam. Trans. Al-Ash’ari. Kazi Publications, 1939. Print.

In the next set of research journal entries, I will be outlining some of the main arguments of this book (one chapter at a time), and analyzing key themes. This book was originally written in Urdu and although I am reading its English translation, I am disappointed at Maududi’s language. The reason is that he emphasizes everything in terms of sexual dimorphism: man is this…woman is that… His chauvinistic viewpoint is inevitably expressed throughout the book.

Chapter 1: Nature of the Problem

The first chapter sets the tone for later arguments in favor of upholding a strict segregation of the sexes. I have briefly sketched out Maududi’s main argument.

  1. Despite making considerable advancements, humans don’t have definite answers in any field, including the sciences.
  2. Complex phenomenon is not understood accurately because of human’s inability to see all facets of a problem in one picture/analysis.
  3. In order for humans to make sense of the world, first, they have to understand themselves, which is not possible if they revert to extremes. What does he mean by extremes?
  4. To illustrate the concept of extremes, Maududi delves into describing the status of women. He states that women are either reduced to the position of maids or elevated to the levels of immoral prominence to become “Devil’s agent.” These are the two extremes, which the chapter title indicates as “nature of the problem.”
  5. He concludes the chapter by arriving at, “…the free intermingling of the sexes brings in its wake a flood of obscenity, licentiousness and sexual perversion, which ruin the morals of the community.” His proposed solution to avoid the two extremes is purdah/veil, segregation of the sexes or seclusion of women from men.

I will now raise objections to points 4 and 5 as they are directly concerned with the status of women and have underlying assumptions that can be challenged.

  1. Since Maududi’s conclusion is something based upon his experiences, one would expect a rather elaborate view on the status of women; after all, life is complex. However, his observation to categorize women’s role in two neat labels of “maids” or “Devil’s agent” shows us an oversimplified and an incomplete picture. Ignoring a whole range of the spectrum – in terms of division of labor – is silly. It is not as if Maududi collected empirical evidence on the status of women in Pakistan and has therefore arrived at such a conclusion.
  2. Sure humans are highly social animals, but we are also what Aristotle correctly described: rational! Maududi’s prediction of chaotic sexual anarchy is unfounded. It presumes that we do not control over ourselves and that we will destroy order by a “flood of obscenity.”
  3. Maududi’s solution, in itself, is an extreme view. Seclusion of women from public domain undermines the whole notion of being a productive and a dignified citizen of society. It denies women the opportunity to develop their intellectual and professional aspirations.
  4. He is placing the burden of maintaining a strict social structure, i.e. segregation, on women. What exactly justifies that is not mentioned.

 

Research Journal on In the Name of Honor: A Memoir

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Mai, M., & Cuny, M. (2006). In the Name of Honor: A Memoir. New York: Washington Square Press.

Mai’s memoir chronicles all the events (with exact dates and times!) that led up to and followed after the gang rape that was approved by her village’s jirga*. However, the book is not particularly critical of discriminatory laws toward women. I picked up the book with hopes of not only finding more about her case, but also understanding why the media publicized her story and how that played a role in her trial. The first reason why her story circulated around was due to the local imam, who publicly denounced the horrific crime in Friday prayers. This act held significance on two accounts: first, it was announced to the entire community and for those people who stayed away from controversial news, the imam’s public announcement rendered them to discuss the issue openly; second, when a leader (even if he/she is locally known by a small number of people) takes a stand, it influences people’s opinion.

There were some shocking parts of the story that I had not gathered from my previous research about her case. For instance, she says, “…decision to rape me was made in the presence of the whole community. My father and uncle heard that verdict along with all the other villagers…” But if that is the case, her family knowingly walked her over to where she was going to be raped. My earlier readings made it seem that along with her father and uncle she was asking for forgiveness for her brother’s alleged misbehavior when the Mastoi dragged her and raped her; in other words, they had no knowledge of what was coming. Also, if both the decision and denouncement of Mai’s rape was public, it seems that the community members of Meerwala village were aware of both sides of the story. I still haven’t answered why media took such a strong interest in Mai’s rape. For one thing, she recognized its value: “I sense[d] instinctively that I must take advantage of the presence of these journalists.”

Mai calls attention to class differences. She repeatedly mentions that since she belongs to the Gujar clan and the accused men were from Mastoi clan (rich people who owned a lot of land in the village), the police were not cooperative and sided with the Mastoi. In fact, she states that the police and all the justice system is controlled by upper class people like Mastoi. To illustrate this point, she narrates her experience at the police station where is asked to dictate her case. The policemen ask her to thumbprint the end of a few blank pages. Later, she learns that they have written things inaccurately. While you can argue this shows that justice is reserved as a privilege for the rich and educated, it also exemplifies what an average peasant, who has never been to school and who cannot read and write, is denied her right to justice.

Mai adopts a rather unusual approach/ attitude when she says, “I was born in this country, subject to its laws, and I know that I am like all other women who belong to the men of their families: we are objects, and they have the right to do whatever they want with us. Submission is compulsory (67).” This sort of echoes what Socrates said when he refused to escape his death; Socrates asserted that since the State married his parents, and had him nurtured and educated in Athens, he was bound by its laws because he had chosen to stay there after coming of age. Mai is also accepting that the laws apply to her and there is nothing she can do about it. However, she comes to the conclusion that, “But despising men is not the way to win respect. The solution is to try to fight them as equals (112).”

To sum it up, I can use Mai’s case to support my hypothesis. The jirga, which consisted of many Mastoi men, punished a peasant woman from Gujar class not because she had committed a crime, but because they sought revenge. The sad part is that such revenge was justified by the jirga because they claim to make decisions consistent with Sharia law.

*jirga: village council which makes decisions based on Sharia law.

 

Research Journal: Interpretive Frameworks

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Khouri, N. (2007). Human Rights and Islam: Lessons from Amina Lawal and Mukhtar Mai. The Georgetown Journal of Gender and the Law, 8(93), 93-109.

Khouri explains three accounts/ interpretative frameworks that are used to draw relationships between human rights and Islamic law. There are named as Clash of Civilizations, Global Legal Pluralism, and Transnational Legal Process. The following mind map briefly outlines the important components associated with each:

Frameworks

She also analyzes two case studies – Amina Lawal and Mukhtar Mai- and interprets both of them in light of the three frameworks that she provides in this article. I will only be summarizing Mukhtar Mai’s case since it happened in Pakistan and it is directly related to my topic. The other case is that of a Nigerian woman, but since the penal code in Nigeria is different, I will not go into its detail.

In 2002, Mai was ganged raped on orders of her panchayat (village council) in retribution for alleged zina committed by her younger brother. Khouri explains this case in view of the three frameworks.

1. Clash of Civilization

International media adopted this interpretative framework to state that Mai’s human rights had been violated as a result of Sharia law. However, this framework ignores the fact that the village council did not have any legal authority to impose Sharia. Local tribunals are not part of the federal state law or the penal code. The clash is between traditional tribal law and official state law, not human rights and Islamic law.

2. Global Legal Pluralism

Because global legal pluralism recognizes human rights and Islamic law as separate and interacting entities, it takes local political structures into account. This framework explains that while the village council did not have legal authority, it was the village imam who spoke against the sexual violence. It also considers the class differences of perpetrator and victim. Mai’s perpetrators were from Mastoi tribe and because most members of the village council were from that tribe, they issued such a horrific act of violence against Mai, who was from the socially low Gujar tribe.

3. Transnational Legal Process

This interpretative framework emphasizes the concept of norm internalization. In Mai’s case, government condemned rape, compensated her and provided her legal costs. This could be partly attributed to international pressure which emphasizes human rights norms.

Each interpretative framework provides a unique analysis, but because the global legal pluralism accepts alternative models, it is neutral and more tolerant. Of course, the relationship between human rights and Islamic law is more complex than it is portrayed in these frameworks.

Research Journal: Differences in Women’s Perspective on Legal Rights

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Mumtaz, K. (1994). Identity Politics and Women: “Fundamentalism” and Women in Pakistan. In V. Moghadam (Ed.), Identity politics and women: Cultural reassertions and feminisms in international perspective (pp. 228-242). Boulder: Westview Press.

Resistance to government’s Islamization program has not been a unified struggle for all women in Pakistan. A sharp divide exists between women who Mumtaz calls “fundamentalists” and women’s right activists. The difference in their perspectives arises from factors such as class differences and exposure to type of education (Western education or Islamic education). Although the concerns of the two groups are the same: they call for a ban on polygamy, demand fair divorce procedures, etc., the bifurcation in their ideas emerge regarding the concept of gender equality, women’s role, legal rights etc.

Women’s Action Forum (WAF), which was created in response to Zia’s Islamization program, has been at the forefront questioning patriarchal structures and the use of misinterpreted Islam to justify restrictive legal laws. While women’s rights activists challenge strictly defined gender roles and the notion of women being nurturers and reproducers of society, “fundamentalist” women embrace these ideas. They opt for complete gender segregation. So which organizations or political party are “fundamentalist” women affiliated with? Mumtaz identifies that most “fundamentalist” women are either supported by Jama’at-i-Islami or they belong to its student wing called Jama’at-i-Talebat. Also, the party has a strong influence in urban areas that have gone through industrialization. Other religious-based political parties include Jamiat-Ulema-e-Pakistan (JUP), Jamiat-Ulema-e-Islam (JUI), Anjuman Sipah-e-Sahaba, but none of these parties have a women’s wing or women members in their higher ranks.

Before picking this book, I had incorrectly assumed that most women in Pakistan would consider the Hudood Laws to be restrictive and downright discriminatory towards women. However, “fundamentalist” women do not think that way. They argue that women should not interact with men and therefore should not pursue careers in politics, but these “fundamentalist” women –although small in percentage when compared to the party’s total members – hold positions in their party and parliament themselves.

World Philosophy Day

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Alcoff, Linda. “What Philosophy can Contribute to the Global Resistance Against Rape?” City College of New York. New York City. 20 Nov. 2014.

“I cannot teach anybody anything. I can only make them think.” –Socrates

Yesterday was World Philosophy Day and UNESCO had organized a public talk with guest speaker Linda Alcoff at City College. Alcoff is a philosopher of epistemology, who has written on the global epidemic of rape. She talked about how social media is used in this politically complex problem of sexual violence, how society still clings to taint of the victims, though the taint has grown into a psychological one in the recent years, and she also discussed meta-lucidity and epistemic resistance.

Three themes stood out to me:

  1. It takes time to make sense of any situation, including traumatic ones such as rape. Survivors’ perspective may change, but the credibility deficit associated with women, children, slaves etc. is not grounded.
  2. She explained that reverse empiricism is unjustified in the context of sexual violence. The logic that if a woman has been sexually abused, then she can’t reason properly is not justified considering that people’s opinion change.
  3. The key solution to sexual violence is to create safe circles of discourse. She noted that sexual violence is brought up only when it serves another narrative, so one needs to think of that too.

I haven’t read any of her books or articles, but it would be a helpful resource in answering, “What can philosophy contribute to the debate on unjust and restrictive laws?”

Research Journal: Debate on Hudood Ordinances in Television Series

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Khan, A. (2006). After TV Series, Pakistan Rethinks Rape, Sex Laws. Christian Science Monitor, 98(157), 1-10.

Geo Television Network is a private station that has emerged in recent years. To determine whether the Hudood Ordinances are divine or man-made, Geo TV organized a show called “Zara Sochieye” – it literally translates to “Just Think” in Urdu. In this show, Islamic scholars, clerics, muftis, and jurists were invited to debate on the issue. Despite the fact that scholars were from various schools of thought, they all agreed that the law was flawed and needed change. Mohammad Farooq Khan, a religious scholar, stated, “The biggest flaw in the ordinance is that it does not distinguish between fornication and rape.”

Although one cannot say that this television show is the main reason why Hudood Ordinances came under spotlight, it certainly began a conversation about its repeal. It also brought attention to some of the statistics, which were either not talked about or not well known at that time. For instance, in 2005, Human Rights Commission of Pakistan reported that out of the 6,000 women imprisoned, two-thirds cases were directly related to Hudood. I think that when people see such high rates of imprisonment due to Hudood Ordinances, they can understand the restrictive nature of these laws. The opinion of public matters a lot because, theoretically, they can influence the government’s decisions about amendments of such laws. So having shows like this being aired on national television can prove to be a catalyst in the improvement of women’s rights.

Khan mentions that the Islamic Ideology Council, which is comprised of up to 20 scholars from both Sunni and Shiite sects, is a constitutional body created for advising the government on religious laws. My next step should be to find more about how this legal body functions. Although this is not on my immediate to-do list, I am also going to peruse through sections of the show and understand both sides of the debate.

Research Journal: Mukhtar’s Story in Half the Sky

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Kristoff, Nicholas D., & WuDunn, Sheryl. (2009). Half the Sky: Turning Oppression into Opportunities for Women Worldwide. New York: Random House.

Half the Sky is the reason why I changed my topic to rape laws in Pakistan. The book is a compilation of real-life stories about sex trafficking, sexual violence, maternal mortality, girls’ education etc. Each story narrated harsh conditions women face around the world, but it was inspirational to learn about individuals who rose up against all odds. The story that is most relevant to my research project was of Mukhtar Mai’s. She is a Pakistani from a village in southern Punjab, where she was gang-raped by four men because her younger brother was falsely accused of illicit sex. She reported her perpetrators to the police and, surprisingly, they were arrested. Then president of Pakistan, Musharraf, awarded her $8,300, which Mukhtar used for building her own school. When money started to channel in for her school ($430,000) through contributions from Times readers, Musharraf became uneasy about the “embarrassment” she was garnering for Pakistan from the international community. He put her on the “exit control list,” preventing her from leaving the country, kidnapped her, seized her passport, and stationed intelligence agents to spy on her. All this was done to prevent the outside world from knowing the circumstances women like Mukhtar face. Mukhtar opened her aid group, called the Mukhtar Mai Women’s Welfare Organization, which offers a 24/7 hotline, free clinic, public library, and a shelter.

I will be reading her book In the Name of Honor: A Memoir to understand how she was able to dispel the stigma of rape in her little village, Meerwala. I am interested in understanding the factors that were able to make her case heard and receive a fair decision. She won her case when the Hudood laws were in effect. What was different about her case that led to a Kuhnian “paradigm shift”?

Watch this short video to learn more about Mukhtar’s story: https://www.youtube.com/watch?v=XlhKyPOuRvA

Research Journal on Women Prisoners in Pakistan: Changing Practices to Enforce Laws and Rights

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Ali, A., and Shah, N. A. (2011). Women Prisoners In Pakistan: Changing Practices To Enforce Laws & Rights. Kuwait Chapter of Arabian Journal of Business and Management Review. 1(4). 57-63.

In Pakistan, rates of female imprisonment have increased significantly over the recent decades. Ali and Shah identify the Hudood Ordinances as one of the major reasons for the increase. They cite that a report by National Commission on the Status of Women states that 80% of female prisoners are locked up because they cannot disprove rape charges and have subsequently been convicted of adultery. (They did not provide which year the report was released.) Furthermore, 80% of them are raped in police custody.

Ali and Shah note that only 10% of the judges in the country are female. They argue that people (including judges) carry the cultural prejudices of their society. Having predominantly male judges reflects the patriarchal norms that work against women. The lack of representation of women in the judicial system is troubling. I want to find out the percentage of female judges in lower and higher courts and see whether more restrictive laws are applied to rape charges in the lower or higher levels of judiciary. This will enable me to see if there is a higher correlation between male judges and restrictive laws issued.

Ali and Shah conducted a study at Youth Offenders and Special Prison for Women, a jail founded in 1993 in Peer Ilahi Bakhash Colony, Jamshed Town. After surveying 200 women prisoners under the jail staff’s supervision, they concluded the following:

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Research Journal: Reasons for the Lack of Women’s Participation in Pakistan’s Workforce

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Raza, F. (2007). Reasons for the Lack of Women’s Participation in Pakistan’s Workforce. Journal Of Middle East Women’s Studies, 3(3), 99-102.

After re-reading this article, I was grappling with these questions: Do we really need laws to bring equality in society? Why doesn’t their existence mean that we have achieved equality? When do laws fail to play a fair role? I think that passing laws is just the beginning step, but implementing it is another feat in itself. That is because implementing laws need a wave of change in the overall attitudes of people towards women, in general, and especially towards women who have been raped or sexually assaulted. After watching the documentary titled Outlawed in Pakistan, I realized that although repealing restrictive laws like the Hudood Ordinances is relieving, the prejudice still exists and is reflected in the sort of outcomes that young women like Soomro face today.

Raza states that according to the Constitution of Pakistan, which was ratified in 1973, women are equal citizens. However, gender inequality is widespread and lack of women’s role in Pakistan’s economy is dismal. He elaborates on the government’s efforts to create committees such as Commission on Marriage and Family Laws (1955), Women’s Rights Committee (1976), Commission of Inquiry for Women (1977), and Pakistan Commission on the Status of Women (1985). Although they have been founded to address gender imbalances, Raza notes that the government’s initiative to tackle problem of gender inequality by increasing reserved parliament seats for women provides a temporary solution. In 2001, Pakistan’s government reserved 33% of seats in local bodies and 17% of seats in nationals and provincial assemblies for women. With less than 10% of women working, the rationale for increasing the number of reserved seats was clear: (1) to deter underemployment of women in government offices and (2) to increase their participation in political decision-making. However, reasons for underemployment arises from factors such as gender-specific roles in society, lack of safety using public transportation, inadequate education or vocational training, and workplace harassment. Raza mentions that human rights report indicate that women in secretarial jobs and semi-skilled or unskilled employments face sexual harassment. (He does not give specific numbers.)