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Islam and Human Rights in Pakistan: A Critical Analysis of the Positions of Three Contemporary Women
by Riffat Hassan
In Pakistan’s patriarchal
culture, it is rare to hear the voices of women who represent a distinct
perspective in the context of the public debate on Islam and human rights
(including women’s rights). Three women whose names have become known to
many in Pakistan as advocates of particular positions in the ongoing
debate are Asma Jahangir, Dr. Farhat Hashmi and myself. In
the last few years I have been asked by many people who are interested in
this debate to clarify how and why my views differ from those of Asma
Jahangir who is a human rights lawyer and Farhat Hashmi who is
a teacher and preacher of Islam. I have responded to this question in
various forums but since the spoken word only reaches a limited number of
people, I am writing this analysis which I hope will be used for serious
discussion and reflection on issues which are of critical importance in
our times.
A: What It means to be a Muslim: My
Understanding
To be a Muslim is to live in
accordance with the will and pleasure of God. Muslims often say, with joy and pride, that it is easy to
be a Muslim since Islam is "the straight path" leading to paradise. What
this means, in other words, is that the principles of Islam are simple and
straight-forward, free of ambiguities, confusions, inconsistencies or
mysteries, and that comprehending them or living in accordance with them
is not difficult. The assumption here is that if one somehow comes to "the
straight-forward path" by accepting Islam, which is God’s last and final
revelation to humanity, one will fairly effortlessly arrive at the
destination which is a state of eternal bliss in the presence of God. I
must confess that I am totally amazed, and overwhelmed, by this
assumption. To me, being a Muslim
seems to be exceedingly difficult, for to be a Muslim one has to
constantly face the challenge, first of knowing what God wills or desires
not only for humanity in general but also for one’s own self in
particular, and then of doing what one believes to be God’s will and
pleasure each moment of one’s life.
To be a Muslim means, first
and foremost, to believe in God, who is "Rabb al-’alamin": creator and
sustainer of all peoples and universes. The Qur’an, which to me is the
primary source of normative Islam, tells me that God’s creation is "for
just ends" (Surah 15: Al-Hijr: 85) and not in
"idle sport"(Surah 21: Al-Anbiya’: 16). Humanity, fashioned
"in the best of moulds" (Surah 95 : At-Tin : 4), has been
created in order to serve God (Surah 51: Adh-Dhariyat : 56)
According to Qur’anic teaching, service of God cannot be separated from
service to humankind, or - in Islamic terms - believers in God must honor
both "Haquq Allah" (Rights of God) and "Haquq al-`ibad" (Rights of
creatures). Fulfillment of one’s duties to God and humankind
constitutes righteousness, as stated in Surah 2: Al-Baqarah:
177, which reads as follows:
- It is not righteousness
- That ye turn your faces
- Towards East or West;
- But it is righteousness -
- To believe in God
- And the Last Day,
- And the Angels,
- And the Book,
- And the Messengers;
- To spend of your substance,
- Out of love of God,
- For your kin,
- For orphans,
- For the wayfarer,
- For those who ask,
- And for the ransom of slaves;
- To be steadfast in prayer,
- And practice regular charity;
- To fulfill the contracts
- Which ye have made;
- And to be firm and patient,
- in pain (or suffering)
- And adversity,
- And throughout
- All periods of panic,
- Such are the people
- Of truth, the God-fearing.
(Translation by A. Yusuf
‘Ali)
As I reflect upon the above
passage, as well as many others in the Qur’an, I am struck deeply by the
integrated vision of the Qur’an, which does not separate belief in God and
God’s revelation ("iman") from righteous action ("`amal"), or regular
remembrance of God ("salat") from regular discharge of one’s financial and
moral obligations to God’s creature ("zakat"). Thus, to be a Muslim means
- in a fundamental way - to be both God-conscious and creature-conscious,
and to understand the interconnectedness of all aspects of one’s life, of
the life of all creation and of our life in this transient world to life
eternal.
For Muslims, the Qur’anic
notion of righteousness has been actualized in the life of the Prophet
Muhammad (p.b.u.h.) - known in the Islamic mystic tradition as "Insan al-kamil"
or the complete human being. Through his God-centeredness, the Prophet of
Islam attained the highest degree of "`ubudiyat" (service of God) and
became a model of righteous living not only as the spiritual and political
leader of the Muslim "ummah", but also as a businessman, citizen, husband,
father, friend and a human being in general. Following him, there have
been individual Muslims - recorded and unrecorded - in every age, who have
known that being a Muslim means more than seeking or worshipping God.
The great poet-philosopher lqbal speaks for them when he proclaims,
- There are many who love
God and wander in the wilderness,
- I will follow the one who
loves the persons made by God.
(Translation of a verse in
Bang-e-Dara, Lahore, 1962, p. 151)
Considering the emphasis
placed upon the interconnectedness of "Haquq Allah" and "Haquq al-`ibad"
both in Qur'anic teaching and in the life of the Prophet Muhammad (p.b.u.h.),
the exemplar par excellence of this teaching, it is difficult to
understand their compartmentalization in the minds and lives of many
present-day Muslims. But what has happened is not surprising given the
fact that many generations of Muslims have been told by their leaders that
the primary duty of a Muslim is to engage in "`ibadat" - which is
understood as "worship" rather than "service" of God (though the root from
which the term "’ibadat" is derived means "to serve") - and to obey those
in authority over them rather than to engage in "jihad fi sabil Allah"
(i.e. to strive in the cause of God) to ensure that the fundamental rights
given to all creatures by God are honored within the Muslim "ummah".
For a number of contemporary
Muslims, being a Muslim means following the "Shari’ah" of Islam. Here, it
is apt to note that the term "Shari'ah" comes from the root "Shar`a",
which means "to open, to become clear". E.W. Lane points out in his
monumental Arabic-English Lexicon that,
according to the authors of authoritative Arabic lexicons, the Taj
al-`Arus, the Tadheeb, and the Misbah,
the Arabs do not apply the term "shari-at" to "any but (a watering place)
such as is permanent and apparent to the eye, like the water of a river,
not water from which one draws with the well-rope."(Arabic-English
Lexicon, London, 1863, Book I. Part 4, p. 1535) A modern lexicon,
Lughat ul Qur’an, states that the term "Shari’ah" refers to
straight and clear path, and also to a watering place where both humans
and animals come to drink water provided the source of water is a flowing
stream or river. (G.A. Parwez, Lahore, 1960, Volume II, pp.941- 944).
Is it not a little ironic that the
term "Shari’ah", which has the idea of fluidity and mobility as part of
its very structure, should have become the symbol of rigid and unchanging
laws to so many Muslims in the world?
That the "Shari’ah" has played
a pivotal role in Islamic history as a means of bringing diverse groups of
Muslims within a single legal religious framework, is beyond dispute.
However, the claim made by some Muslims that the "Shari’ah" is
"divine" cannot be validated logically or theologically. The "Shari’ah"
is derived from four sources, namely, the Qur’an, Hadith and Sunnah, Ijma’
(consensus of the community) and Qiyas (analogical reasoning) or Ijtihad
(independent judgment). Of these sources, only one - the Qur’an - is
believed by Muslims to be divine. Other sources of the "Shar’iah" cannot
be regarded as "divine" and having the same authority as the Qur’an.
According to the Qur’an, God
elevated "Adam" (representative of self-aware humanity) not only above the
animals as the Greeks had said, but also above the "mala’ika" (celestial
creatures) because he had the gift of "’aql" (reason). The Qur’an puts
paramount importance on the use of reason and constantly urges Muslims to
"think" or to "reflect" and not to accept anything – including the Qur’an
itself - without independent intellectual scrutiny. It is, therefore,
not surprising that the most important thinkers of modern Islam, including
Syed Ahmad Khan and Iqbal, while advocating a return to the simplicity and
universality of the Qur’an, stressed the tremendous importance of
re-opening the gates of Ijtihad. In this context the historic words of
Iqbal cited below are a clarion call to Muslims who have abdicated the
responsibility of exercising their God-given rational faculty and have
become content with being blind followers of traditions and practices that
violate Qur’anic ethics or teachings:
I know the Ulema of Islam
claim finality for the popular schools of Muslim Law, though they
never found it possible to deny the theoretical possibility of a
complete Ijtihad. For fear of disintegration, the conservative
thinkers of Islam focused all their efforts on the one point of
preserving a uniform social life for the people by a jealous exclusion
of all innovations in the law of Shari`ah as expounded by the early
doctors of Islam. Their leading idea was social order, and there is no
doubt that they were partly right, because organization does to a
certain extent counteract the forces of decay. But they did not
see, and our modern Ulema do not see, that the ultimate fate of a
people does not depend so much on organization as on the worth and
power of individual men. In an over-organized society the individual
is altogether crushed out of existence... The closing of the door of
Ijtihad is pure fiction suggested partly by the crystallization of
legal thought in Islam, and partly by that intellectual laziness
which, especially in a period of spiritual decay, turns great thinkers
into idols. If some of the later doctors have upheld this fiction,
modern Islam is not bound by this voluntary surrender of intellectual
independence... Since things have changed and the world of Islam is
today confronted and affected by new forces set free by the
extraordinary development or human thought in all its directions, I
see no reason why this attitude (of the Ulema) should be maintained
any longer. Did the founders of our schools ever claim finality
for their reasoning and interpretation? Never. The claim of the
present generation of Muslim liberals to re-interpret the foundational
legal principles in the light of their own experience and altered
conditions of modern life is, in my opinion, perfectly justified. The
teaching of the Qur’an that life is a process of progressive creation
necessitates that each generation, guided but unhampered by the work
of its predecessors, should be permitted to solve its own problems. (The Reconstruction of Religious Thought in
Islam, p.151- 178)
To me being a Muslim means
knowing that the Qur’an is the Magna Carta of human freedom and
that a large part of its concern is to free human beings from the bondage
of traditionalism, authoritarianism (religious, political, economic, or
any other), tribalism, racism, sexism, slavery or anything else that
prohibits or inhibits human beings from actualizing their God-given
potential to the fullest. Though it
is necessary to set limits to what human beings may or may not do so that
liberty does not degenerate into license, the Qur’an safeguards against
the possibility of dictatorship or despotism and states with clarity and
emphasis that not even a prophet of God is authorized to demand that
his followers obey him rather than God:
"It is not conceivable
that a human being unto whom God has granted revelation, and sound
judgment, and prophethood, should thereafter have said unto people, ‘
Worship me beside God’; but rather (did he exhort them), ‘Become men
of God by spreading the knowledge of the divine writ, and by your own
deep study (thereof)." (Surah
3: Al-‘Imran: 79. Translation by Muhammad Asad)
To me being a Muslim means
carrying forward the message of the Muslim modernists who have raised the
cry "Back to the Qur’an" (which, in effect, also means "Forward with the
Qur’an") and insisted on the importance of "Ijtihad" - both at the
collective level (in the form of "Ijma’") and at the individual level - as
a means of freeing Muslim thought from the dead weight of outmoded
traditionalism. It is a profound irony and tragedy that the Qur’an,
despite its strong affirmation of human equality and the need to do
justice to all of God’s creatures, has been interpreted by many Muslims,
both ancient and modern, as sanctioning various forms of human inequality
and even enslavement. For
instance, even though the Qur’an states clearly that man and woman were
made from the same source, at the same time, in the same manner, and that
they stand equal in the sight of God, men and women are extremely unequal
in virtually all Muslim societies, in which the superiority of men to
women is taken to be self-evident.
In my judgment the most
important issue which confronts the Muslim ummah as a whole today is that
of gender equality and gender justice. The Islamic tradition - like the traditions of the world’s
major religions, namely, Judaism, Christianity, Hinduism and Buddhism
-, developed in a patriarchal culture which was male-centered and
male-controlled. While it is encouraging to know that women such as Hazrat
Khadijah and Hazrat A'ishah (wives of the Prophet Muhammad p.b.u.h.) and
Rabi'a al-Basri (the outstanding woman Sufi) figure significantly in early
Islam, the fact remains that until
the present time the Islamic tradition has remained largely
male-dominated, inhibiting the growth of scholarship among women
particularly in the realm of religious thought.
While the Qur'an, because of
its protective attitude towards all downtrodden and oppressed classes of
people, appears to be weighted in many ways in favor of women, a review of
Muslim history shows that many of its women-related teachings have been
used in patriarchal Muslim culture against, rather than for, women.
Given the fact that there is more Qur’anic teaching on the subject of how
to maintain justice in the home preserving the rights of all members of
the household equally, than on any other subject, it is deeply disturbing
that even after so many advances have been made in the realm of human
rights, many Muslim women are subjected not only to physical and economic
subjugation, but also to moral, intellectual and spiritual degradation
through a misrepresentation of the essential message of Islam. Thus,
they are told that according to Surah 2: Al-Baqarah : 223,
the wife is the husband's "tilth" so he can "plow" her whenever he so
desires, that according to Surah 2 : Al-Baqarah : 228, and
Surah 4: An-Nisa : 34, men have "a degree of advantage" over
them and that they have the right to control and confine and even to beat
women who refuse to be totally subservient and obedient to their husbands
who are referred to as "majazi khuda" or "god in earthly
form".
The Qur’an puts very strong
emphasis on the right to seek
justice and the duty to do justice. In Surah 5: Al-Ma'idah:8,
it tells the believers:
"O you who have
attained to faith! Be ever steadfast in your devotion to God, bearing
witness to the truth in all equity; and never let hatred of any one
lead you into the sin of deviating from justice. Be just: this is the
closest to being God-conscious." (Translation by Muhammad Asad)
And again, in Surah 4:
An-Nisa’:136, the Qur'an underscores the importance of upholding
justice:
- O ye who believe!
- Stand out firmly
- For justice, as witnesses
- To Allah, even as against
- Yourselves, or your parents,
- Or your kin, and whether
- It be (against) rich or poor:
- For Allah can best protect
both.
- Follow not the lusts
- (Of your hearts), lest ye
- Swerve, and if ye
- Distort (justice) or decline
- To do justice, verily
- Allah is well-acquainted
- With all that ye do.
(Translation by A. Yusuf ‘Ali)
In the context of justice, the
Qur'an uses two concepts: "'adl" and "ehsaan." Both are
enjoined and both are related to the idea of "balance," but they are not
identical in meaning.
"'Adl" is defined by A.A.A.
Fyzee, a well-known scholar of Islam, as "to be equal, neither more nor
less." Explaining this concept, Fyzee wrote: "...in a Court of Justice the
claims of the two parties must be considered evenly, without undue stress
being laid upon one side or the other. Justice introduces the balance in
the form of scales that are evenly balanced." (A Modern Approach to
Islam, Lahore, 1978, p.17) "'Adl" was described in similar terms
by Abu'l Kalam Azad, a famous translator of the Qur'an and a noted writer,
who stated: "What is justice but the avoiding of excess? There should be
neither too much nor too little; hence the use of scales as the emblems of
justice" (Ibid.) Lest anyone try to do too much or too
little, the Qur'an points out that no human being can carry another's
burden or attain anything without striving for it (Surah 53: An -
Name : 38-39)
Recognizing individual merit
is a part of "adl." The Qur'an teaches that merit is not determined by
lineage, sex, wealth, worldly success or religion, but by righteousness.
Righteousness consists of both right "belief" ("iman") and just
"action" ("'amal") as clearly indicated by Surah 2: Al-Baqarah:177
which was cited earlier. And Surah 49: Al-Hujurat: 13 tells
us:
- The most honoured of you
- In the sight of Allah
- Is (he who is) the most
- Righteous of you.
-
- (Translation by A. Yusuf ‘Ali)
While Surah 4: An-Nisa':
95 distinguishes clearly between passive believers and those who strive in
the cause of God:
Such of the believers as
remain passive - -other than the disabled - cannot be deemed equal to
those who strive hard in God's cause with their possessions and their
lives: God has exalted those who strive hard with their possessions
and their lives far above those who remain passive. Although
God has promised the ultimate good unto all (believers), yet has God
exalted those who strive hard above those who remain passive by
(promising them) a mighty reward - (many) degrees thereof - and
forgiveness of sins, and His grace: for God is indeed much-forgiving,
a dispenser of grace.
(Translation by Muhammad Asad)
Just as it is in the spirit of
"'adl" that special merit be considered in the matter of rewards, so also
special circumstances are considered in the matter of punishments. For
instance, for crimes of unchastity the Qur'an prescribes identical
punishments for a man or a woman who is proved guilty (Surah 2: Al-Baqarah:
2), but it differentiates between different classes of women: for the same
crime, a slave woman would receive half, and the Prophet's consort double,
the punishment given to a "free" Muslim woman (Surah 4: An-Nisa':25;
Surah 33: Al-Ahzab: 30). In making such a distinction, the
Qur'an while upholding high moral standards, particularly in the case of
the Prophet's wives whose actions have a normative significance for the
community, reflects God's compassion for women slaves who were socially
disadvantaged.
While constantly enjoining "'adl,"
the Qur'an goes beyond this concept to "ehsaan" which literally means,
"restoring the balance by making up a loss or deficiency." In order to
understand this concept, it is necessary to understand the nature of the
ideal society or community ("ummah") envisaged by the Qur'an. The word "ummah"
comes from the root "umm," or "mother." The symbols of a mother and
motherly love and compassion are also linked with the two attributes most
characteristic of God, namely, "Rahim" and "Rahman," both of
which are derived from the root "rahm," meaning "womb." The ideal "ummah"
cares about all its members just as an ideal mother cares about all her
children, knowing that all are not equal and that each has different
needs. While showing undue favor to any child would be unjust, a mother
who gives to a "handicapped" child more than she does to her other
children is not acting unjustly but exemplifying the spirit of "ehsaan" by
helping to make up the deficiency of a child who is unable to meet the
requirements of life. "Ehsaan" thus, shows God's sympathy for the
"disadvantaged" segments of human society (such as women, orphans, slaves,
the poor, the infirm, and the minorities).
Having spent almost three
decades in doing research on women-related texts in the Qur'an, I know
that the Qur'an does not discriminate against women. In fact, in view of
their disadvantaged and vulnerable condition, it is highly protective of
their rights and interests. But this does not change the fact that the way
Islam has been practiced in most Muslim societies for centuries has left
millions of Muslim women with battered bodies, minds and souls.
If the Muslim ummah is to
become worthy of being the "khalifah" or deputy of God on earth and to
actualize its highest potential, it will have to make a strong commitment
that it will give its highest priority to the issue of gender-equality and
gender-justice. No society can claim to be truly Islamic unless it
recognizes, in word and in deed, that man and woman are equal before God
and that each has an equal right to develop his or her God-given
capabilities to the fullest.
While Muslims in general have
always regarded the Qur’an as the highest source of Islam, they have often
focused more on rituals and dogmas than on Qur’anic ethics. Ethics pertain to the universal principles
governing human action and Qur’anic ethics provides the normative
framework within which Muslims are enjoined to live their lives. Many
present-day Muslims, having heard all their lives that "the Qur'an is a
complete code of life" expect to find in the Qur'an specific or direct
statements pertaining to all the issues or subjects which are of
importance to them. When they do not find such statements they assume that
the Qur'an has nothing to say about these issues or subjects. This
perceived "silence" of the Qur'an regarding a number of significant
"modern" issues - such as the issue of family planning - creates a
theological and ethical vacuum which different persons and groups fill in
different ways. What is urgently needed - in my opinion - is a critical
review of the idea that the Qur’an is a complete code of life.
In what way is the Qur'an a complete
code of life? Certainly, it is not an encyclopaedia which may be consulted
to obtain specific information about how God views each problem, issue or
situation that human beings may be confronted with. Nor is the Qur'an "a
legal code", as pointed out by Iqbal. By regarding the Qur'an as a Book in
which they will find ready-made laws, regulations, prescriptions or
assessments relating to everything in life, a large number of Muslims have
lost sight of the main purpose of the Qur'an. This purpose - as stated by
Iqbal - is "to awaken in man the higher consciousness of his relation with
God and the universe.... The important thing in this connection is the
dynamic outlook of the Qur'an". (The Reconstruction of Religious
Thought in Islam, p. 168) In other words, the main purpose of the
Qur’an is to provide the ethical framework in which all significant
matters are to be considered. It is vitally important for present-day
Muslims to realize that they will receive the guidance they seek from the
Qur’an not by looking for selected verses on specific subjects but by
understanding its ethical framework consisting of universal principles
which form the core of Islam.
B: My Background and Struggle for Helping Muslim Women Reclaim
their God-Given Rights
While my work and writings are
known to many persons in many countries, this statement may be read by
some who are not aware of my background and what I have focused on as a
student, as a researcher, as a teacher, as a philosopher, as a writer, or
as an activist. I consider it important, therefore, to begin by mentioning
some facts of my personal and professional history that might be helpful
to the reader in understanding my ideas and the larger framework within
which they have developed. Like many other contemporary women thinkers I
see a profound linkage between what is intellectual and what is
existential and experiential. Consequently this statement reflects the
"jihad" (struggle) I have engaged in both as a theologian and as a
Pakistani Muslim woman.
I come from an old Saiyyad
family from Muslim Town, Lahore. Faiz Road on which my ancestral home is
situated is named after my grandfather Saiyyad Faizul Hassan whose
progenitors "founded" Muslim Town. My maternal grandfather Hakim Ahmad
Shuja came from Bazaar-e-Hakiman which was named after his family, in the
old city of Lahore. The Hakims (and their cousins, the Faqirs) were known
for its patronage of art and literature and nurtured many gifted artists,
thinkers and writers including the young Iqbal when he first came from
Sialkot to study at the Government College, Lahore. Hakim Sahib was not
only a well-known poet and playwright but also a Qur’anic scholar who
collaborated with Iqbal in some of his early works.
Upholding the "honor" of his
Saiyyad heritage and being "model" Muslims was very important to my
father. Being educated, creative, and independent was what mattered
greatly to my mother. My parents differed greatly in their
life-perspectives and had strongly conflicting views regarding how girls
were to be brought up. Growing up in the midst of so much discord, trying
to figure out with the mind of a young child who I was and what was the
purpose of my life, was a very difficult thing. What sustained me during
the troubled years of my childhood were two things: my faith in God who
was to me the source of light , of justice and compassion, and my love of
reading and writing which enabled me to create an inner universe in which
my mind and spirit could grow.
I left home at seventeen to
study in England and returned seven years later with a B. A. Honors degree
in English Literature and Philosophy, and a Ph. D for my thesis on the
philosophy of Allama Iqbal. There is no question that the single most
important intellectual influence on my mental development has been that of
Iqbal. From him I learnt more than I can say - his philosophy of "Khudi"
(selfhood) became the foundation of my evolving philosophical vision, and
his insistence on going back to the Qur’an and going forward with "ijtihad"
(independent reasoning which he called "the principle of movement in
Islam") was something that became pivotal in my own study of Islam.
I have been involved in the
teaching of Islam since January 1973 and have been engaged in research on
issues relating to Women in Islam since the fall of 1974. Recalling how I
embarked on the most important journey of my life, I wrote in one of my
articles, "I do not know exactly at
what time my ‘academic’ study of women in Islam became a passionate quest
for truth and justice on behalf of Muslim women - perhaps it was when I
realized the impact on my own life of the so-called Islamic ideas and
attitudes regarding women. What began as a scholarly exercise became
simultaneously an Odyssean venture in self-understanding. But
‘enlightenment’ does not always lead to ‘endless bliss’ (as the Buddhists
say) The more I saw the justice and compassion of God reflected in the
Qur'anic teachings regarding women, the more anguished and angry I became,
seeing the injustice and inhumanity to which Muslim women, in general, are
subjected in actual life. I began to feel strongly that it was my duty -
as a part of the microscopic minority of educated Muslim women - to do as
much consciousness-raising regarding the situation of Muslim women as I
could."
Very early in my study I
realized that Islam, like the other major religions of the world (namely,
Judaism, Christianity, Hinduism and Buddhism) had developed in patriarchal
culture in which its major sources, i.e., the Qur’an, the Sunnah, the
Hadith literature, and Fiqh, had been interpreted almost exclusively by
men who had assigned to themselves the right to define the ontological,
theological, sociological, and eschatological status of Muslim women. I
spent the first decade of my research on Women in Islam (1974-1984) in
reinterpreting the Qur’anic texts relating to women from a non-patriarchal
perspective and came to the conclusion that the Qur’an does not
discriminate against women in any way. In fact if one can see the
Qur’anic text without the lens of patriarchal biases one discovers how
strongly it affirms the rights of women - and of other socially
disadvantaged groups.
Since the 1970s the process of
"Islamization" which was initiated in some Muslim countries including
Pakistan, led to the promulgation of laws whose primary objective was to
put women "in their place". Women were also a major target of the
so-called "Islamic" punishments that were instituted by General Zia ul Haq
in Pakistan who enacted the Hudood Ordinance (1979), the Qanun-e-Shahadat
(1984), and the Qisas and Diyat Ordinance (1990). These laws which aimed
at reducing the value and status of women systematically and virtually
mathematically, to less than that of men, are manifestly unjust and
unIslamic as pointed out repeatedly by advocates of women’s rights in
Pakistan. No government, however, has had the moral or political will to
amend or repeal these laws which have caused great suffering to a large
number of girls and women in Pakistan.
To understand the strong
impetus to "Islamize" Muslim societies, especially with regard to
women-related norms and values, it is necessary to know that of all the
challenges confronting the Muslim world, perhaps the greatest is that of
modernity. Unable to come to grips with modernity as a whole, many Muslim
societies make a sharp distinction between two aspects of it. The first -
generally referred to as "modernization" and largely approved - is
identified with science, technology and a better standard of life. The
second - generally referred to as "Westernization" and largely disapproved
- is identified with emblems of "mass" Western culture such as
promiscuity, break-up of family and community, latch-key kids, and drug
and alcohol abuse. What is of importance to note, here, is that an
emancipated Muslim woman is seen by many Muslims as a symbol not of
"modernization" but of "Westernization" (These days Muslim girls as well
as boys go to Western institutions for higher education. However, often
when a young man returns from the West he is considered "modernized", but
when a young woman returns she is considered "Westernized"). This is so
because she appears to be in violation of what traditional societies
consider to be a necessary barrier between "private space" (i.e., the
home) where women belong and "public space" (i.e., the rest of the world)
which belongs to men. This invisible barrier between these two unequal
spaces is called "hijab" (literally meaning "curtain") Traditionally,
Muslims have developed the belief that it is best to keep men and women
segregated, i.e., in their separate, designated spaces, because the
intrusion of women into men's space is seen as leading to the disruption,
if not the destruction, of the fundamental order of things. According
to a popular "hadith", whenever a man and woman are alone, "ash-Shaitan"
(the Satan) is bound to be there.
The self-styled caretakers of
Muslim traditionalism are aware of the fact that viability in the modern
technological age requires the adoption of the scientific or rational
outlook that inevitably brings about major changes in modes of thinking
and behavior. Women, both educated
and uneducated, who are participating in the national work force and
contributing towards national development, think and behave differently
from women who have no sense of their individual identity or autonomy as
active agents in a history-making process and regard themselves merely as
instruments designed to minister to and reinforce a patriarchal system
that they believe to be divinely instituted.
Though I emigrated to the U.S.
in 1972, I have always maintained strong ties with Pakistan and spent
every summer in Lahore. I, therefore, knew from close quarters what was
happening in the country. In I983 – 84, I was able to spend two years in
Pakistan since I had a year’s sabbatical leave and a National Endowment
for the Humanities fellowship for a one-year research project. This was
the time when the victimization of women by the new laws (particularly the
Zina Ordinance which was part of the Hudood Ordinance) had started. Though
most of the victims were poor and illiterate, many affluent and educated
women in Pakistan began to realize that the discriminatory laws were
threatening to erode the fundamental rights not only of disadvantaged
females but of all females. In addition to the increase in violence being
perpetrated upon women through legislation, there was a deluge of
anti-women literature produced by religious extremists which flooded the
popular market. The purpose of the multi-faceted onslaught unleashed
against women by the "Islamization" process was to push women out of
"public space" into the "chadur" and "chardewari" where they would perform
the traditional roles of wives and mothers as defined by a patriarchal
society that regards the inferiority and subservience of women to men as
part of God’s eternal system. These roles are promoted as bringing not
respect but respectability to the women in the name of Islam.
As I reflected upon the scene
I witnessed, and asked myself how it was possible for laws that were
archaic if not absurd to be implemented in a society that professed a
passionate commitment to modernity, the importance of something that I had
always known dawned on me with stunning clarity. Pakistani society (or
any other Muslim society for that matter) could enact or accept laws that
specified that women were less than men in fundamental ways because
Muslims, in general, consider it a self-evident truth that women are not
equal to men. Anyone who states that in the present-day world it is
accepted in many religious as well as secular communities that men and
women are equal, or that evidence can be found in the Qur'an and the
Islamic tradition for affirming man-woman equality, is likely to be
confronted, immediately and with force, by a mass of what is described as
"irrefutable evidence" taken from the Qur'an, Hadith, and Sunnah to
"prove" that men are "above" women. Among the arguments used to overwhelm
any proponent of man-woman equality, the following are perhaps the most
popular: that according to the Qur'an, men are "qawwamun"
(generally translated as "hakim" or "rulers") in relation to women; that
according to the Qur'an, a man's share in inheritance is twice that of a
woman; that according to the Qur'an, the witness of one man is equal to
that of two women; that according to the Prophet (p.b.u.h.), women are
deficient both in prayer (due to menstruation) and in intellect (due to
their witness counting for less than a man's). In my theological work I have presented compelling evidence
to show that a correct reading of the Qur’an or the Prophetic tradition
does not support such arguments and that the normative teachings of Islam
strongly uphold the equality of men and women both in relation to God and
to each other.
Since I was (in all
probability) the only Muslim woman in the country who was attempting to
interpret the Qur'an systematically from a nonpatriarchal perspective, I
was approached numerous times by women leaders (including the members of
the Pakistan Commission on the Status of Women, before whom I gave my
testimony in May 1984) to state what my findings were and if they could be
used to improve the situation of women in Pakistani society. I was
urged by those spirited women who were mobilizing and leading women's
protests in the streets to help them by developing an ideology or strategy
that they could use to counter the avalanche of negative laws, literature,
and actions with which they were being confronted. Some of them wanted
to use the work I had already done and use my interpretations of Qur’anic
texts to refute the arguments that were being used to make them less than
fully human on a case-by-case or point-by-point basis. I must admit that I
was tempted to join the foray in support of my beleaguered sisters
(amongst whom was Asma Jahangir ) who were being deprived of their
human rights in the name of Islam. But I knew through my long and
continuing struggle with the forces of Muslim traditionalism (which were
now being gravely threatened by what they described as "the assault of
Westernization under the guise of modernization") that the arguments that
were being broadcast to "keep women in their place" of subordination and
submissiveness were only the front line of attack. Behind these arguments
were others, and no sooner would one line of attack be eliminated than
another one would be set up in its place. What had to be done, first and foremost, in my opinion, was
to examine the theological ground in which all the anti-women arguments
were rooted to see if, indeed, a case could be made for asserting that
from the point of view of normative Islam, men and women were
essentially equal, despite biological and other differences.
As a result of my study and
deliberation I came to perceive that not only in the Islamic, but also in
the Jewish and Christian traditions, there are three theological
assumptions on which the superstructure of men's alleged superiority to
women (which implies the inequality of women and man) has been erected.
These three assumptions are: (1) that God's primary creation is man, not
woman, since woman is believed to have been created from man's rib, hence
is derivative and secondary ontologically; (2) that woman, not man, was
the primary agent of what is customarily described as the "Fall," or man's
expulsion from the Garden of Eden, hence all "daughters of Eve" are to be
regarded with hatred, suspicion, and contempt; and (3) that woman was
created not only from man but also for man,
which makes her existence merely instrumental and not of fundamental
importance. The three theological questions to which the above assumptions
may appropriately be regarded as answers, are: How was woman created? Was
woman responsible for the "Fall" of man? Why was woman created?
I have spent many years working on these questions and have shown in my
writings that none of the above-mentioned assumptions is warranted by a
correct reading of the Qur’an which states categorically (in 30 passages)
that God created all humanity at the same time, of the same substance, in
the same manner; that both man and woman disobeyed God by going near the
forbidden tree but that they acknowledged their wrongdoing and were
forgiven by God (hence there is no "Fall" in Islam); that God created both
men and women "for a just purpose" and that the relationship between them
is one of equality, mutuality and cordiality.
It has been the major mission
of my life especially since I became involved in 1984 in helping women
activists in Pakistan, to educate Muslim/Pakistani girls and women about
the rights given to them by God in the Qur’an. These rights may be denied
or dishonored - as they have been through much of our history - but rights
given by God cannot be abrogated by any human being or agency.
In pursuit of my
passionate quest for justice on behalf of Muslim women I have traveled
from one end of the Muslim world to the other conducting workshops,
participating in conferences, meeting leaders and policy makers. I have
had the privilege of being one of the main spokespersons for Islam at
several United Nations Conferences, including those held at Cairo (1994),
Copenhagen (1995), Beijing (1995) and Istanbul (1996). I have also been a
featured speaker at several hundred conferences in the U.S., Canada,
Europe, Asia, and Africa. The message I have
delivered in each of my presentations is that Islam is a
justice-and-compassion-centered religion which values the life of each
person and holds before all human beings - women as well as men - the
lofty vision embodied in the Qur’anic proclamation, "Towards God is
your limit." (Surah
53: An-Najm: 42, translation by Iqbal, The
Reconstruction of Religious Thought in Islam, Lahore, 1971, p. 57)
In February 1999, ABC showed
the BBC documentary entitled "Murder in Purdah" – a very
graphic and powerful film about "honor" crimes in Pakistan - in
Nightline, and I was one of the two commentators (the other one
being Asma Jahangir) in this program. Following the airing of this
program, I was inundated with letters, faxes and E-mail from women and men
around the United States. Most expressed a sense of outrage that
vulnerable girls and women were being subjected to so much brutality and
violence in Pakistan, and a keen desire to do something about it. Out of
these initial contacts grew a loose network of concerned individuals which
I formalized into The International Network for the Rights of
Female Victims of Violence in Pakistan (INRFVVP) in
February, 1999. The membership of the INRFVVP
grew rapidly not only in the U. S. and Pakistan, but throughout the world,
and it soon became incorporated as a non-profit, non-governmental
organization. In the three and a
half years since its inception, the INRFVVP has gone beyond being a
mere organization. I see it as a movement for change which is committed to
identifying those negative factors - whether religious, cultural or any
other - which promote or permit violence against girls and women and any
other socially marginalized group in Pakistan. Once these factors have
been identified through field research, strategies and programs will be
developed to eliminate them and to create a culture in which the rights of
all human beings are recognized, safeguarded and implemented.
C: Dr. Farhat Hashmi’s
Views: An Analysis of Her Approach and Message
In my view, given the
patriarchalism of Pakistani society, the presence of a Muslim woman who
can teach or preach Islam should be seen as a positive event. Further, the
fact that Dr. Farhat Hashmi wants to educate other Muslim women about
Islam should also be seen as a worthy objective. This has also been my
objective for many years and I am very glad to see that after centuries of
being excluded from religious education and discourse, an increasing
number of women in Pakistan are now engaging in the study of Islam. To the
extent that Dr. Farhat Hashmi is instrumental in this she deserves to be
commended. Nothing is worse than ignorance which the Qur’an likens to the
state of being blind, and the seeking of knowledge is a primary mandate
for all Muslims. However, while I applaud the effort of Dr. Hashmi and any
other Muslim woman who aspires to be a scholar of Islam, I have serious
reservations with regards to Dr. Hashmi’s approach to the teaching (or
preaching ) of Islam, and the message that she is communicating. In this
context I would like to make the following observations which highlight
the major points she makes in her public statements as well as the salient
differences between my approach and perspective and hers:
1. Dr. Hashmi appears to
be making the claim that what she is communicating in her "dars"
(teaching) is what God has revealed in the Qur’an. In her interview
with Samina Ibrahim of Newsline magazine (February
2001), she said, "All I am doing is spreading the message of the
Qur’an. If somebody objects to that, then their fight is not
with me, but with God." What Dr. Hashmi is presenting to her
listeners is what she
understands to be the meaning of a particular Qur’anic text just as I
have, for many years, been presenting to diverse audiences what I
understand to be the meaning or intent of particular Qur’anic
passages. However, neither she nor I nor anyone else except the
Prophet of Islam (p.b.u.h.) is the recipient of God’s revelation ("wahy")
and the possessor of prophetic wisdom ("hikmat") All of us who seek to
understand the Word of God are fallible and limited human beings whose
interpretation of the divine text cannot be regarded as final and
definitive having the seal of approval from God. Therefore, saying
that any objection to Dr. Hashmi’s representation of what is in the
Qur’an is tantamount to "a fight with God" is indefensible both from a
religious and a methodological viewpoint.
2. In her interview Dr.
Hashmi says, "I am not prepared to take dictation from the ulema and
teach their version of Islam". This means that she is aware of the
fact that there is more than a single version of Islam. Dr. Hashmi
also objects to "too much rigidity" in matters of religious
interpretation in Pakistan where the prevailing attitude is summarized
by Dr. Hashmi as follows: "Whatever a scholar said a 1000 years ago is
the final word. One cannot change or bring a different interpretation
to the Qur’an. This has hurt and damaged the Muslims because there is
capacity within Islam to grow with changing times. But in Pakistan the
way we approach Islam is very rigid. In academics one does not take the word of only one
scholar alone, one learns from as many sources as possible". If this
is the case then why should Dr. Hashmi regard any objection to her
version of Islam to be tantamount to "a fight with God" or heresy?
In my work over the last
28 years I have shown how a number of Qur’anic passages that are
commonly cited to discriminate against women can be interpreted
differently and can, in my judgment, be used to strengthen rather than
weaken women’s position in a Muslim society. However, I have not
demanded nor expected that my interpretations be regarded as
definitive and final. Human knowledge is always tentative and the more
I study the Qur’an the more aware I become of the complexity of its
multi-layered text whose total meaning is known only to its author.
Furthermore, given the nature of the Semitic language in which the
Qur’anic text is written - Arabic - it is virtually impossible to say
that a particular concept or term can only mean one thing. In Arabic
the meaning of a word derives from its "roots" and generally "root -
words" have multiple meanings. For example, the root-word "daraba"
which has been commonly translated as "to beat" by interpreters of
Surah 4 : An-Nisa’ 34 (who have used this verse to assert that
men have been permitted by God to beat women if they are guilty of "nushuz"
which is commonly translated as "disobedience") has a large number of
meanings as may be seen from Taj al-‘Arus, the authoritative
classical lexicon of the Arabic language. (My interpretation of this
passage which has been regarded by many as the definitive text
with regards to the husband-wife relationship in Islam is contained in
a number of my published writings. In my exegesis I have shown that on
the basis of sound linguistic, philosophical, and ethical
hermeneutical criteria it is possible to arrive at a radically
different understanding of this text)
3. Many people who have
talked to me about Dr. Hashmi (including Samina Ibrahim who
interviewed both her and me for Newsline ) tell me that
they are confused by many things that Dr. Hashmi says. For instance,
she criticizes male ‘ulema who do not accept her as a scholar and
faults them for being "too rigid" and not being open to new
interpretations. She says that she has been told that "I have a
feminist approach" and that "I have liberalized Islam".
It is clear from Dr. Hashmi’s words and tone that she considers being
called a "feminist" or "liberal" a compliment - perhaps because this
helps her to distinguish herself from the male ‘ulema who have
rejected her authority as a teacher or preacher of Islam and to
vindicate her as a woman ‘alim. However, if one examines the content
of Dr. Hashmi’s message she can be called neither a "feminist" nor a
"liberal". She may perhaps , in some ways, be to the left of the most
conservative ‘ulema in Pakistan in that she speaks with a softer voice
and supports the idea of women studying Islam, but her ideological
stance is still very markedly right-wing (reminiscent in some ways of Mr. Bush’s "compassionate
conservatism") and uncompromisingly committed to upholding a
patriarchal system and segregated sex-roles.
When asked by Samina
Ibrahim if she felt there was "need for reinterpretation of Islamic
thought in today’s context particularly human rights issues concerning
women", Dr. Hashmi stated: "I feel that there is need for
interpretation on all issues. But this should be done by a group of
people who understand today’s problems and a group of people who
understand religion so that solutions that are there for modern issues
can be applied. An interpretation for a problem made a 1000 years ago
was made in a different historical era and environment. It has to be
reinterpreted within the parameters of the Qur’an." What Dr.
Hashmi is stating here appears to be a reformulation of the modernist
position represented, for instance, by the late Professor Fazlur
Rahman who had pointed out that one major problem confronting
contemporary Muslims was that those who understood Islam did not
understand modernity and those who understood modernity did not
understand Islam. Professor Rahman - like the modernist thinkers
before him - had also advocated a return to the Qur’an to discover the
normative principles of Islam and then going forward with "ijtihad" to
see how these principles could be applied in present-day contexts.
Some of Dr. Hashmi’s statements - including the one cited above -
appear to incorporate the modernist views of thinkers like Iqbal and
Fazlur Rahman. From her public statements it is clear that Dr.
Hashmi considers herself a modernist Muslim thinker who is opposed to
what is archaic and outdated. But if one scrutinizes the message that
she is giving to those who go and hear her one realizes that she is no
more "modernist" than she is "feminist" or "liberal". Dr. Hashmi has
made a number of statements which she deems to be "politically
correct" in the twenty-first century but these statements do not add
up to a coherent or consistent system of thought nor are they in line
with what she actually preaches to women. .
It is not surprising that
so many people are confused about what Dr. Hashmi is saying. The
confusion is not in the minds of the listeners. It is in the
statements made by Dr. Hashmi herself. What she wants her public
projection as a Muslim ‘alim to be is very different from her
bottom-line position as an ultra-conservative Muslim woman. Since
she does not participate in academic conferences where other qualified
Muslims can engage in a critical discussion with her about her
statements, she is not obliged to clarify the discrepancy between her
so-called "feminism", "liberalism" and "modernism" and what she is
preaching to an increasing number of girls and women who want to find
out what Islam is from a woman who has shrouded herself in the mantle
of piety and authority.
4. Dr. Hashmi’s message is
directed mainly at affluent urban women and young girls who are
students in her "Al-Huda" academies or other institutions. There is
one aspect of her message that is positive. This message has to do
with making an effort to study Islam and not to be absorbed in
material things. Many women who have become the followers of Dr.
Hashmi come from the elite classes and had plenty of money and time
much of which was spent on worldly pursuits. Dr. Hashmi made these
women aware of the importance of fulfilling their religious
obligations. She also told them that doing whatever was pleasing to
their husbands was good. If, for instance, their husbands wanted them
to dress ornately or in any other way it was their duty to be
compliant. It is interesting to note that a number of women who follow
Dr. Hashmi still wear rich and gaudy attire beneath their "hijab." It
is likely that they are still spending a lot of money on their
appearance but now their husbands appear to be happy because they are
told that whatever the wives are doing is for their pleasure. It is
not surprising that Dr. Hashmi’s message is irresistible to the
privileged women in her "target groups." These women had all the
material things and comforts they wanted when they came to Dr. Hashmi.
In addition to that Dr. Hashmi showed them the way of attaining
paradise ( by doing what was pleasing to God ) as well as marital
bliss (by doing what was pleasing to their husbands).
Amongst Dr. Hashmi’s
followers are also young girls and it is important to understand their
motivation. Youth is always idealistic and action-oriented. But living
in a society as patriarchal and as morally and intellectually bankrupt
as Pakistan, many amongst our teeming millions of young people are
highly frustrated and desperately in search of direction and guidance
that would lead them to a purposeful life. Unfortunately, our
so-called "liberal" and "progressive" classes have never undertaken
the responsibility to provide a forum or a platform for discussion and
action to these young persons. The "religious extremists" have taken
full advantage of the situation and have actively targeted youth,
going literally from classroom to classroom and institution to
institution. As a result tens of millions of young people not only in
Pakistan but also in other Muslim countries and even in Muslim
communities living in the West, have adopted a version of Islam that
is in complete contrast to the life-affirming, reason-affirming,
justice-and-compassion centered teachings embodied in the Qur’an and
the teachings of the Prophet of Islam (p.b.u.h.)
Some girls and women who
are followers of Dr. Hashmi have told me that she has put them on the
"right track" to paradise. I have asked them to explain to me what is
this "right track". They say that she has told them how important it
is to pray to God and fulfill their religious obligations and that
taking care of the family is the primary purpose of a women’s life.
When I ask them if she told them to wear "hijab" they say that she has
not "forced" them to wear "hijab" but that wearing "hijab" is a
religious mandate for Muslim women. Those of Dr. Hashmi’s followers
who imitate her style of not only wearing a "chadur" on their heads
but also covering their faces (except for the eyes) apparently do not
know that this form of "hijab" was unknown at the time of the Prophet
Muhammad (p.b.u.h.) when the Qur’an was revealed.
5. Every Muslim has
been commanded in the Quran to enjoin "al-ma’ruf" (the good) and to
forbid "al-munkar" (the evil). Unless the evil is forbidden the good
cannot flourish. In explaining the meaning of the "Shahadah" which
states that there is no ("la") god except ("illa") Allah, Iqbal makes
an important point that has its roots in the Sufi tradition: it is
necessary to negate everything that is not God ("la") before it is
possible to affirm ("illa") one’s faith in God.
To ignore the massive injustice,
oppression and violence to which millions of girls and women (and
other marginalized groups) in Pakistan are subjected is to abandon the
commandment to forbid "al-munkar". And if one cannot forbid "al-munkar"
how would one set about doing "al-mar’uf" because the two are
inextricably linked? By refusing to get engaged in the vitally
important discussion of "al-mar’uf" and "al-munkar", Dr. Hashmi has
demonstrated that what she calls Islam is little more than the
observance of ritual obligations and popular piety.
6. In her interview with
Samina Ibrahim, Dr. Hashmi states, " …the ‘ulema do not want to
educate the common man about the Qur’an. The ‘ulema say the masses are
not capable of understanding it, that only religious scholars are able
to understand it. The ‘ulema cannot accept that a woman is capable of
understanding, interpreting or teaching the Qur’an. I have even been
called a ‘kafir’ because I do not propagate jihad. I teach women : are
they going to go and fight? Anyway there are many things to be done
before thinking of jihad. From beginning to end I keep the Qur’an in
front of me. And for me what is written in the Qur’an is Islam."
Dr. Hashmi’s understanding
of the core Qur’anic concept of "Jihad" appears to be as flawed as
that of many Western media experts who have been attacking Islam
relentlessly since September 11, 2001. In fact, "Jihad" refers to
moral, intellectual and spiritual striving to attain a higher level of
self-development, and even "jihad al-asghar" (the lesser jihad) which
is directed toward combating social evils does not refer primarily to
"fighting". Her question: "I teach women : are they going to go and
fight?" seems to have been rhetorical not seeking a response. I
want, however, to respond to it: the mandate to engage in "jihad fi
sabil Allah" is given as much to women as to men. In Islam, women have
the same rights and obligations as men and nowhere is it stated in the
Qur’an that women are exempted from any form of "jihad". Islam does
not permit wars of aggression but in the defensive wars fought by the
Prophet of Islam (p.b.u.h.) women were out in the battlefield
ministering to the wounded.
In my view the greatest
"jihad" for the Muslims today is not physical but moral and
intellectual. That is why a thinker like Iqbal who had such profound
understanding of the Qur’an and Islam put so much emphasis on "Ijtihad"
(which comes from the same root as the word "jihad"). But Dr. Hashmi
who so easily dismisses the idea that women should engage in jihad,
also does not encourage her followers to engage in "ijtihad". Both
involve intense individual effort which could lead to women developing
leadership skills and acquiring the ability and confidence to start
questioning the patriarchal traditions that have discriminated against
them in multifarious ways.
7. Dr. Hashmi prefers
to focus on "hijab" which she interprets in a very restrictive way. In
the context of proper attire and conduct, the Qur’an lays down one
basic principle which may be described as the principle or law of
modesty. In Surah 24: An-Nur: 30-31, modesty is enjoined both upon Muslim men and
women:
- Say to the
believing men
- That they should lower
- Their gaze and guard
- Their modesty: that
will make
- For greater purity for
them:
- And God is
well-acquainted
- With all that they do.
- And say to the
believing women
- That they should lower
- Their gaze and guard
- Their modesty: and
they
- Should not display
- Beauty and ornaments
except
- What (must ordinarily)
appear
- Thereof; that they must
- Draw their veils over
- Their bosoms and not
display
- Their beauty except
- To their husbands,
their fathers,
- Their husband’s
fathers, their sons,
- Their husband’s sons,
- Or their women, or
their slaves
- Whom their right hands
- Possess, or male
servants
- Free of physical
needs,
- Or small children who
- Have no sense of the
shame
- Of sex; and that they
- Should not strike
their feet
- In order to draw
attention
- To their ornaments
-
- (Translation by A.
Yusuf ‘Ali)
On the basis of the
above-cited verses, the following points may be made:
a). The Qur’anic
injunctions enjoining the believers to lower their gaze and behave
modestly applies to both Muslim men and women and not to Muslim
women alone. Here it is to be noted that there are no statements
in the Qur’an which justify the extremely rigid restrictions
regarding veiling and segregation which have been imposed on
Muslim women by some Muslim societies or groups (e.g., the Taliban
in Afghanistan). To those who dispute this let me put one short
question: If the Qur’an
intended for women to be completely veiled why, then, did it
command the men to "lower their gaze"?
b). Muslim women are
enjoined to "draw their veils over their bosoms and not display
their beauty" except in the presence of their husbands, other
women, children, eunuchs and those men who are so closely related
to them than they are not allowed to marry them. Although a
self-conscious exhibition of one’s "zeenat" (which means "that
which appears to be beautiful" or "that which is used for
embellishment or adornment") is forbidden, the Qur’an makes it
clear that what a woman wears ordinarily is
permissible. Another interpretation of this part of this
passage is that if the display of "zeenat" is unintentional or
accidental, it does not violate the law of modesty.
c). Although Muslim
women may wear ornaments they should not walk in a manner intended
to cause their ornaments to jingle and thus attract the attention
of others.
At this point a
"liberated" woman might ask: Why should a Muslim woman display her
beauty only in the presence of those (apart from her husband) who are
likely to have no sexual interest in her? The answer to this question
is contained in the Qur’anic view of the ideal society and the social
and moral values to be upheld by both Muslim men and women. In
Qur’anic terms, the ideal society is that in which there is justice
for all, i.e., justice between man and man and what is perhaps even
more important justice between man and woman (It is important to note
that there is more Qur’anic legislation on the subject of a proper
ordering of the relationship of men and women than on any other
subject). Whilst a good portion of the Qur’anic legislation regarding
women was aimed at protecting them from inequities and vicious
practices (such as female infanticide, unlimited polygamy or
concubinage, etc.) which prevailed in seventh century Arabia, the main
purpose of the women-related Qur’anic statements was to establish the
essential equality of man and woman. But women at the dawn of Islam
were in a very vulnerable position. They were regarded as sex-objects
to be used as toys and baits, to be bought and sold, to be ogled at
and discarded at will. They could even be killed with impunity. By
using an elaborate network of laws and recommendations, the Qur’an
aimed at liberating women from the indignity of being sex-objects and
transforming them into persons. If a woman wished to be
regarded as a person and not as a sex-object it was necessary -
according to Qur’anic teaching - that she should behave with dignity
and decorum befitting a secure, self-respecting and self-aware human
being rather than an insecure female who felt that her survival
depended on her ability to attract, entertain or cajole those men who
were interested not in her personality but only in her sexuality.
A number of women-related
Qur’anic laws which are interpreted by some critics of Islam to be a
restrictive of women’s freedom are in fact meant to protect what the
Qur’an deems to be a woman’s fundamental rights. For instance, in
Surah 33: Al-Ahzab: 59, the Qur’an says:
- O Prophet! Tell
- Thy wives and
daughters,
- And the believing
women,
- That they should cast
- Their outer garments
over
- Their persons (when
abroad):
- That is most
convenient,
- That they should be
known
- (As such ) and not
molested
According to the Qur’anic
text the reason why Muslim women should wear an outer garment when
they go out of their houses is so that they may be recognized as
"believing" Muslim women and differentiated from
street-walkers for whom sexual harassment is an occupational hazard.
The purpose of this verse was not to confine a woman to her house
but to make it safe for her to go about her daily business without
attracting unwholesome attention. The Qur’an decreed that "the
outer garment" be worn as a mark of identification by "believing"
Muslim women so apparently there was a need at the time of the
Qur’anic statement for a means whereby a "believing" Muslim woman
could be distinguished from the others. In societies where there is no danger of "believing"
Muslim women being confused with street-walkers or in which "the outer
garment" is unable to function as a mark of identification for
"believing" Muslim women, the mere wearing of "the outer garment"
would not fulfill the true objective of the Qur’anic decree.
It is worth noting that
older Muslim women who are "past the prospect of marriage" are not
required to wear "the outer garment." Surah 24: An-Nur: 60 reads:
- Such elderly women are
- Past the prospect of
marriage, --
- There is no blame on
them
- If they lay aside
- Their (outer)
garments, provided
- They make not wanton
display
- Of their beauty: but
- It is best for them
- To be modest: and
Allah
- Is One Who sees and
knows
- All things. (Translation by A. Yusuf ‘Ali)
Women who on account of
their advanced age are not likely to be regarded as sex-objects are
allowed to discard "the outer garment" but there is no relaxation as
far as the essential Qur’anic principle of modest behavior is
connected. Regardless of age or sex, this Qur’anic principle - like
all other principles of what is termed the "Deen" or core teachings of
Islam - is, for Muslims unchanging and unchangeable.
Reflection on the last-cited verse shows
that "the outer garment" is not required by the Qur’an as a necessary
expression of modesty since it recognizes the possibility that women
may continue to be modest even when they have discarded "the outer
garment".
Muslim societies in
general, have, however, disregarded the basic intent of the Qur’anic
statements which regard women as autonomous human beings capable of
being righteous as an act of choice rather than as mentally and
morally deficient creatures on whom morality has to be externally
imposed. Not satisfied with
"the outer garment" prescribed by the Qur’an for Muslim women in a
specific cultural context, some conservative Muslims have also sought
the help of traditions ("ahadith") whose authenticity is dubious to
compel women to cover themselves from head to foot leaving only the
face and hands uncovered. Dr. Hashmi has gone even farther than
these men and initiated a style of "hijab" which requires the covering
also of the face (except for the eyes). This kind of "hijab" was not
mandated by the Qur’an nor found in the days of the
Prophet Muhammad (p.b.u.h.). Nor is it
indigenous to urban Pakistani society. It is very difficult to
understand why Dr. Hashmi, who, on the one hand, wants to be regarded
as a "feminist" "liberal" and "modernist" scholar of Islam, on the
other hand, wants to be seen as more conservative than the rigid
‘ulema whom she constantly criticizes.
During the initial phases
of the "Islamization" process efforts were made by conservative Muslim
men who were threatened by women’s presence in "public space" to put
them in the "chadur" and "chardewari". Due to various reasons these
efforts were not very successful especially amongst urban elite women.
Dr. Hashmi has been far more
successful in her so-called "Islamization" campaign since her
followers seem to have voluntarily adopted a style of "hijab" that not
only covers their bodies but virtually makes them faceless. Along with
this has come a withdrawal from any meaningful engagement in social
issues and a relapse into totally segregated traditional roles.
While Dr. Hashmi and her
followers have the right to wear any kind of "hijab" they choose to,
they do not have the right to assert or imply that by doing so they
have acquired a higher station as a Muslim or that those women who
dress differently are somehow deficient in their "iman" or "’amal". As
Surah 12: Yusuf: 40 states,
"Judgment (as to what
is right and what is wrong) rests with God alone "
(Translation by
Muhammad Asad)
Dr. Hashmi says "I do not
judge anyone by their appearance alone" and denounces "judgmental and
self-righteous behavior" but appearance and self-righteous behavior
is precisely what distinguishes Dr. Hashmi’s followers from
others.
My greatest objection to Dr.
Hashmi’s message to women is the total absence in it of any reference to
social justice or human rights. I believe that the most important mandate of
Islam as a prophetic religion is that Muslims should strive to create a
just society. Living as we do in an unjust world, the creation of a just
society is a formidable task and requires unceasing "jihad". The greatest
"jihad" ("jihad al-akbar") is against one’s own shortcomings and
deficiencies. In his philosophy of "Khudi", Iqbal identifies factors which
strengthen the Self and those which weaken it. "Pillars of faith" such as
"salat" (prayer), "siyam" (fasting) or "zakat" (wealth-sharing) are
intended to make us more integrated and disciplined so that we are better
able to fulfill the mission given to us by God. But personal piety -
important as it is - is only a means to an end, the end being engagement
in the struggle to create a society in which there is both "adl
"(legalistic justice) and "ehsaan" (compassionate justice).
What kind of Islam is Dr.
Hashmi teaching if she does not speak about "adl" or "ehsaan" which are
emphasized throughout the Qur’an ? Her teachings show an obvious lack of
reflection on Surah 107: Al-Ma’un which reads:
Hast thou ever considered
(the kind of man) who gives the lie to all moral law? Behold, it is
this (kind of man) that thrusts the orphan away, and feels no urge to
feed the needy. Woe, then, unto those praying ones whose hearts from
their prayers are remote – those who want only to be seen and praised,
and, withal, deny all assistance (to their fellowmen)
(Translation by Muhammad Asad)
Perhaps many of the women who
have become followers of Dr. Hashmi would not have become social activists
in any case since they come from those strata of Pakistani society which
is largely self-indulgent and not particularly interested in social
issues. However, it is possible that if they had been exposed to a
different version of Islam that made them realize the importance of
engaging in the struggle for a more just-and-compassionate world, they
might not have chosen to follow the escape route offered to them by Dr.
Hashmi.
What is a matter of deep
concern today is the fact that Dr. Hashmi’s message - like that of the other extremist religious groups -
is being spread through educational institutions to young girls who have
the potential of contributing to the development of their poor country and
its disadvantaged people. I believe that it is extremely important to
challenge the teachings of Dr. Hashmi in a public forum so that whose who
are mesmerized by her pious-sounding words can actually begin to see its
internal contradictions or inconsistencies and how profoundly its narrow,
closed-minded and rigid intent and content differs from the expansive,
enlightened and empowering teachings of the Qur’an.
D: Nature of the Discourse on Islam and Human Rights in Pakistan
The discourse on Islam and
Human Rights in Pakistan is dominated by two highly vocal and visible
groups that represent opposing mindsets. In some ways both of
these mindsets can be described as "extremist." The first mindset is
represented by persons such as Dr. Farhat Hashmi who consider
themselves the custodians of "Islam" which they generally define in
narrowly-construed literalistic and legalistic terms. The second mindset
is represented by others such as Asma Jahangir and other leaders of the
Human Rights Commission of Pakistan who consider themselves the
guardians of "human rights" which they see as being incompatible with
religion, particularly Islam.
A review of Pakistan's history
shows that "religious" extremists have, in general, opposed any critical
review or reform of traditional attitudes and practices which have become
associated with popular Muslim culture. They have, in particular, been
opposed to any changes in the traditional roles of women and have regarded
the movement for women's rights as a great threat to the integrity and
solidarity of the Muslim family system.
Averse in general to
"modernity" which they identify largely with "Westernization" of Muslim
societies, "religious" extremists
have raised a red flag and shouted that "the integrity of the Islamic way
of life" was under assault, each time any government has taken any step to
address the issue of gender inequality or discrimination against women.
While "extremism" is
associated most often with "the religious right" referred to above, it is
important to note that it is also to be found in the utterances and
actions of those who regard religion, especially Islam, negatively. In
asserting that "Islam" and "human rights" are mutually exclusive,
advocates of human rights such as Asma Jahangir adopt a position which is
untenable both on theoretical and pragmatic grounds. The Qur'an strongly
affirms all the fundamental human rights. In pragmatic terms, it is
evident that Muslims generally - including the vast majority of
Pakistanis - are strong believers in God and Islam, regardless of how they
express or enact their beliefs. The insistence by "anti-religious"
advocates of human rights that Islam should not be made part of the
ongoing discourse on human rights in Pakistan, is, therefore, vacuous.
Whether acknowledged or not,
Islam – which defines the identity and ground reality of millions of
Pakistanis – is already, and inevitably, a part of this discourse.
Furthermore, it is important to know that "religious" and "anti-religious" extremisms
feed into one another. The more the "anti-religious" extremists
marginalize Islam in their rhetoric, the stronger is the outcry from
"religious extremists" that "Islam is in danger."
Here I would like to make an
important clarification. Just as there are many people in Pakistan who are
confused regarding the ideological position of Dr. Farhat Hashmi
(largely, as illustrated in this analysis, due to her conflicting
statements), so also there are people who confuse what I have termed
"anti-religious extremism" with "secularism." As pointed out by
The Encyclopaedia of Religion, "The term
secularization came into use in European languages at the Peace of
Westphalia in 1648 where it was used to describe the transfer of
territories previously under ecclesiastical control to the dominion of lay
political authorities." (Edited by Mircea Eliade, The Macmillan Publishing
Company, New York, 1987, Volume 13, p.158) A secular society is one
in which religion is not the controlling factor in the lives of the people
or one in which no one religion is privileged. A person who is "secular"
may not attach much significance to religious consciousness, activities
and institutions in the context of society, but is not "anti-religious."
Whereas "secular" people may be open-minded and tolerant of different
viewpoints, "anti-religious" persons can be just as absolutist,
closed-minded and intolerant as "religious extremists."
The Qur'anic proclamation in
Surah 2: Al-Baqarah : 256. "There shall be no coercion in
matters of faith"(Translation by Muhammad Asad) guarantees freedom of
religion and worship. A number of Qur'anic passages also state clearly
that the responsibility of the Prophet Muhammad (p.b.u.h.) is to
communicate the message of God and not to compel anyone to believe (For
instance Surah 6: Al-An'am :107; Surah 10: Yunus
: 99; Surah 16: An-Nahl : 82; Surah 42 : Ash-Shura
: 48). The right to exercise free choice in matters of belief is
unambiguously endorsed by the Qur'an in Surah 18 : Al-Kahf :
29, which states:
- The Truth is
- From your Lord:
- Let him who will
- Believe, and let him
- Who will, reject (it). (Translation
by A. Yusuf ‘Ali)
Whether or not leading
advocates of human rights believe in God or in any religion is up to them.
However, it is legitimate to ask how the Human Rights Commission of
Pakistan - the non-governmental organization which has virtual monopoly of
the human rights discourse in Pakistan and receives an enormous amount of
funding from Western donors - can claim to represent the people of
Pakistan who are near-universally "believers" and regard Islam as the
matrix in which their lives are rooted when it holds the position that Islam should not be part of the
human rights discourse except in a negative sense.
My philosophical disagreement
with the viewpoint that Islam should be excluded from the human rights
discourse in Pakistan held by Asma Jahangir and her colleagues does not
mean that I do not acknowledge or respect their efforts to document human
rights abuses in Pakistan or the bold stand they have been taking on
behalf of victims of violence in the courts, the media, and the public.
I believe that it is possible
for persons of different religious, ideological or philosophical
perspectives to work together in pursuit of the common good. When this has
been done (as in Latin America with the rise of "liberation theology" when
Catholics, Protestants, Communists, persons of indigenous religions and
others joined hands to combat social evils) the results have been
inspirational.
Despite my openness to working
with others who support the struggle for human rights and women's rights,
the position that I represent has been resented and rejected by many
"anti-religious" human rights advocates in Pakistan. I believe that they
are threatened by my stated conviction that it is possible to construct a
paradigm of human rights within the framework of normative Islam. They
also do not want to accept my view that in the context of contemporary Pakistan and most of the
Muslim world, this paradigm of human rights is the only one that is likely
to be accepted or actualized because it is based on religious principles
respected by masses of people and is not seen as a foreign imposition.
E: Developing a new Paradigm in the Discourse on Islam and Human
Rights in Pakistan – The Third Option
Vocal and visible as the
extremists in Pakistan are, they constitute a small percentage of the
total population of Pakistan.
The vast majority of Pakistanis are middle-of-the-road people who neither
subscribe to nor support extremism. While they have a strong Muslim
identity and their faith is very important to them, they also aspire to be
a part of the "modern" world through acquiring education, awareness of
contemporary values, and the means to have what the Greeks called "the
good life". In other words, they want both "Deen" (religion) and "Dunya"
(the world). This is a position supported by Qur'anic teaching and the
Prophetic example which describe Islam as a religion of balance and moderation, stressing the
complementarity of various spheres of life.
It is a matter of utmost
gravity that in Pakistan the discourse on Islam has been hijacked by
"religious extremists" and the discourse on human rights has been hijacked
by "anti-religious extremists". In my judgment, it is vitally important to
broaden the discourse both on Islam and human rights to include a third
option. This option means the creation of a new discourse or an
alternative paradigm which is grounded in the ethical principles of the
Qur'an and relates to the beliefs as well as the aspirations of
middle-of-the-road Pakistanis.
Islam is, undoubtedly, the
sustaining factor in the lives of millions of Muslims - including
Pakistanis - many of whom live in conditions of great hardship, suffering
or oppression. It can easily become a source of empowerment for them if
they begin to see that they have been given a large number of rights - not
by any human agency but by God. Once the masses who constitute "the silent
majority" of Pakistanis become conscious of their God-given right to
actualize their human potential to the fullest, they can be mobilized to
participate in building a dynamic and democratic society. But in order to
make this happen, a new perspective on human rights (including women's
rights) grounded in normative Islamic ideas of universalism, rationalism,
moderation, social justice and compassion must be disseminated as widely
as possible.
F: Conclusion
In the foregoing analytic
narrative, I have shared my research findings and reflections on a number
of issues that are of critical importance to many Pakistanis and Muslims
today. I have endeavored to articulate the philosophical vision which
motivates my lifelong struggle to understand the purpose of creation and
what we have to do to fulfill the responsibility of being God’s "khalifa"
(vicegerent) on earth. I have also attempted to state as clearly and
coherently as I could my perspective what it means to be a Muslim and the
contemporary discourse on Islam and human rights. In response to numerous
queries asking me to clarify my position vis-à-vis that of Dr.
Farhat Hashmi and Asma Jahangir, I have given my analysis of what I
believe Dr. Hashmi’s approach and message is, and indicated why I
do not subscribe to Asma Jahangir’s perspective on human rights.
For the record I would like to say
that I have challenged Dr. Farhat Hashmi and Asma Jahangir to a public
debate on human rights and women’s rights at a number of important forums.
I believe that the public is entitled to hear the views of all three of us
in an open setting so that it can understand and evaluate the content and
worth of what each of us is saying. To date, the challenge remains
unaccepted.
In February 2000, in an "Open
Letter" to General Pervez Musharraf, I had stated:
"One major reason for my
writing this open letter to you at this time, is to emphasize to you
the critical need for reflecting on the whole issue of human rights,
particularly the rights of women and minorities. Ever since I can
remember, rulers in Pakistan have been worried about economic and
political problems. I cannot recall any time when any government in
Pakistan seemed to understand that the issue of human rights or
women’s rights is not a minor or side issue to which reference can be
made now and then largely to placate world opinion. The issue of human
rights and women’s rights is an issue of the greatest importance for
Pakistan today. It is so important because - first and foremost - in
order to make Pakistan a strong, self-respecting, self-sustaining
country it is essential to build its moral foundations and this cannot
be done until justice is done to those who are the weakest and the
most vulnerable in society. Abraham Lincoln had said that a nation
could not survive half-slave and half-free. Likewise, without
establishing gender equality and gender-justice, Pakistan can never
become what Allama Iqbal, the Quaid-e-‘Azam , or you General Musharraf,
would want it to be. Economic and military strength, important as they
are, cannot stem the rot that has set in through a long period of
intellectual myopia and moral bankruptcy. The only way you can start
reversing the process of ruin is by building, brick by brick, a
tradition of respecting the fundamental human rights of all citizens
and residents of Pakistan, irrespective of gender, class, and ethnic,
sectarian or religious difference."
It is my hope that what I have
presented to you in this account will stimulate your own deeper thoughts
and that you will find compelling reasons for joining the movement that
aims to rebuild the intellectual and ethical foundations of our beloved
Pakistan which is not doing well in any way.
Source:
by courtesy & © 2002 Riffat Hassan
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