Here is my outline for the first practice presentation. The structure of my discussion is to (1) give a brief overview of the Hudood Laws (2) explain its subcategory of Offence of Zina (3) bring up some statistics (4) describe the islamization period (5) delve into how Zia’s martial law and Maududi’s political opposition played an influential role in passing discriminatory rape laws.
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.
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. I will begin writing my interview questions, which will be sent out to various NGOs such as War Against Rape (WAR), women rights organizations such as Women’s Forum Action (WFA), political parties such as Jama’at-i-Islami, ulemas, and authors whose work I have read. My interviews will include questions about the justification used for restrictive rape laws, why such laws are targeting towards women etc. Although one can argue that I can get that sort of information by research alone, I think interviewing will narrow down my sources. Since most of my questions will be open-ended, I will be organizing this information in the form of separate journal entries. Later, I will put them in a visual for easier comparison.
2. I will also be reading the following books:
3. My research goals:
I have not set exact deadlines yet because I will be doing most of the tasks simultaneously. I will also be reading journal articles and watching documentaries to gather further information.
Weiss, A. (1986). The Historical Debate on Islam and the State in South Asia. In Islamic Reassertion in Pakistan (21). New York: Syracuse University Press.
Even though Pakistan is a confessional state in the sense that its creation was due to religion, the three main leaders of the Muslim nationalist movement –Sayyid Ahmad Khan, Mohammad Iqbal, Mohammad Ali Jinnah – were secularitist, who wanted a secular state with a Muslim majority. They did not want to establish a theocratic state based on Islamic laws. As a matter of fact, in his inaugural address as Pakistan’s first president, Jinnah stated, “in course of time Hindus would cease to be Hindus and Muslims would cease to be Muslims, not in the religious sense, because that is the personal faith of each individual, but in the political sense as citizens of the state.” Clearly, he envisioned a country where everyone would have equal rights, despite their religion. So why, despite the fact that ulema (religious leaders) did not organize the independence movement, has Islamic law influenced the legal system in Pakistan so profoundly? In order to understand the role of Islam in judicial reforms and policies, I have to grasp a basic background on early political parties that played a role in creating/ shaping the constitution and then understand their stance on Islamic laws.
In the late 1800s, Sir Sayyid Ahmad Khan organized a socio-educational movement, urging Muslims to participate in social and educational institutions to gain representation. He believed that Muslims would only achieve emancipation if they were willing to advance in modern education. In 1877, he founded the Muhammadan Anglo-Oriental (MAO) College at Aligarh, where scientific and western philosophy was emphasized. In 1906, Agha Khan led a group of Aligarh-educated Muslims (future Muslim League, a political party) to demand separate representation in the government and three years later they were successful in most provinces. Followers of the Aligarh movement are identified as modernist as they draw a distinct line between religion and politics.
The antithesis of Aligarh movement was Deoband School, founded by Muhammad Qasim Nanawtawi in the mid-1800s. This religious institution’s philosophy stressed Islamic traditional sciences and totally cut off Western education. It is important to note that the Deobandis were opposed to modernist’s two-nations theory, i.e., Hindus and Muslims were essentially two different nations with distinct cultures, histories, and customs. Deobandis did not believe in a separate state.
In 1919, some ulema affiliated with the Deoband School founded another religious-political movement called the Jamiat-i-ulema-i-Hind. This group opposed British rule and were also against a separate state. Later, it split into Jamiat-i-ulema-i-Hind and Jamiat-i-ulema-i-Islam, which supported Pakistan.
In 1941, as a direct response to the Lahore Resolution, Maulana Maududi formed a political party called the Jama’at-i-Islami. In conjunction with eight other political parties, a collective group known as Pakistan National Alliance (PNA) firmly demanded that Islamic laws be included in the legal system. In 1977, when General Zia-ul-Haq Chief Martial Law Administrator PNA applauded his military intervention for members of PNA became cabinet members without elections. The irony of General Zia’s martial law is that it was not a legitimate move in democratic or Islamic sense. In secular view, he took over the state without any elections; in religious view, he did not come to power with the consent of the people or their leaders.
