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

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.

Research Journal: Doublethink in Laws

Bari, F. (2002). Pakistan: Woman Rape Victim Sentenced to Death by Stoning – According to Moslem Law. Women’s International Network News, 28(3), 47.

In this short article, Bari explains that the Hudood Ordinances provides a legal basis of gender discrimination. She writes, “Hudood laws are clearly in conflict with the principle of gender equality that is enshrined in article 25 of the constitution that does not permit discrimination on the basis of sex.” When I read this statement, it reminded me of George Orwell’s 1984, where doublethink is the norm among people of Oceania. In Orwell’s words, doublethink is,

The power of holding two contradictory beliefs in one’s mind simultaneously, and accepting both of them… To tell deliberate lies while genuinely believing in them, to forget any fact that has become inconvenient, and then, when it becomes necessary again, to draw it back from oblivion for just as long as it is needed, to deny the existence of objective reality and all the while to take account of the reality which one denies – all this is indispensably necessary.

Essentially, Bari calls for a reform in the laws; she proposes to eliminate gender discrimination in the legal framework. Although she does not present any other reason for the repeal of strict laws like Hudood Ordinances (such as human rights violation etc.), she underscores that the clash of Sharia and secular laws is a problem because they cannot be upheld at the same time.