A Need for the Active Role of Women in the Islamic Movement

Discussions regarding woman in Islam often end up divided into two extreme views. Firstly, is the defence that Islam genuinely respects and values women. Secondly, is the allegation that Islam, on the contrary, does not respect or value women. In the writer’s opinion, both of these views depend on our assumptions regarding Islam itself. As a normative teaching, Islam values not only women but all humankind. However as a subjective teaching, Islam depends on the very person who carries out the actual teaching. Therefore, in the hands of a just person, subjective Islam can generate a view and attitude that genuinely respects and values women. Conversely, in the hands of an irresponsible person subjective Islam may indeed bring about injustice for anyone, including women.

In regard to these two basic perspectives, the writer disagrees with the point of view that perceives Islam as limited by its religious texts and history. Firstly, despite the assumption that there was only one meaning behind each religious text when they first emerged, after becoming autonomous each was open to varied interpretations, including those interpretations that discredited women. For example, the following verse: Your wives are as a tilth unto you; so approach your tilth when or how ye will (Al-Baqarah: 223).

As an independent text, disconnected from other verses and lacking a story or actual event that lead to its emergence, this verse gives the reader at least two contradictory interpretations. One interpretation is that a man may sexually exploit his wife. That is to say, a wife must accept her husband’s invitation to have sexual relations at any given time, submitting herself to her husband, like tilth to its owner. The other interpretation contradicting this is protection for the wife from being infected by a sexual illness that her husband could have contracted from another woman. This meaning that a wife should be the field that her husband can approach and ‘work in’ at any given time, so that the husband does not go off and ‘work the soil of another field’, so to speak.

Secondly, the history of Islam has been a contestation between normative Islam and subjective Islam, which has created space for success, yet at the same time for failure. There are many experiences and examples from classical Islamic history that are not suitable references to Sharia, such as; the opinion that women are inferior to men; special treatment for Arab nations and the Arab race and; the bloodshed that has occurred between fellow Muslims, etc. The history of Islam can only be a reference to Sharia if it reflects human equality, peace, and other normative values.

This is where the spirit of justice (as inspired by both our religious texts and the history of Islam) is required. It is very important to pay attention to this issue, so that Islam may remain ever present with all its wisdom, as practiced by The Prophet.

The era of The Prophet is usually referred to as an ideal example of the implementation of Sharia. A special feature of this period was that Sharia was in the control of someone whose credibility as a just leader was never doubted, a person who was independent and by no means mixed his personal, economic, political, family or group interests in applying the law. The Prophet’s commitment to weak and vulnerable groups such as the poor, slaves, the elderly, women and children was indeed tested. Likewise his good nature and sympathetic attitude toward these groups set a good example. This is extraordinary and needs to be underlined to firmly distinguish between the Sharia of The Prophet’s era and that of the following eras, including the present day. If this exceptional feature of The Prophet’s era is forgotten then we will be easily tricked by the promise of justice in the name of Sharia, which in practice is often far from how it was practiced in the era of The Prophet.

Although not substantial, the role of women in the public sphere could already be seen before the presence of Islam. Islam, in the hands of The Prophet, did not dismiss women’s roles but actually allowed women to grow and develop. There were many Muslim women that played active roles in the public sphere during the era of The Prophet. One example is Siti Khadijah. Khadijah was known as a successful businesswoman who created work opportunities for many people including The Prophet’s uncle, Abu Thalib. She was also the first person to give Muhammad the opportunity to develop his skills in trading. Her business developed in the city of Mecca and then spread out to other cities, such as Syam. Siti Khadijah continued with her career in finance even after she had become The Prophet’s wife.

Siti Aisyah is another example of a woman that was active in the public sphere at the time of The Prophet. Aisyah was known as the intellectual wife of The Prophet and she was not shy to criticise those people she thought contradicted the spirit of the Qur’an. For example; One day, The Prophet passed a Jewish cemetery where a family was mourning. The Prophet said that the body of the deceased Jewish person was being tortured. From this incident, Ibnu Umar concluded that it must have been the family’s crying that caused the body to be tortured. When others repeated this to Siti Aisyah, she immediately criticised Ibnu Umar’s understanding as it contradicted a verse from the Qur’an, "No-one will bear another person’s sin" (HR. Abu Daud).

The need for the Active Role of Women

Unfortunately, the implementation of Sharia in many countries nowadays has exactly the opposite intent in that it aims to domesticate women. In the hands of the irresponsible, Sharia merely functions as a tool of repression and discrimination, especially toward women. The implementation of Sharia, for example as was carried out by the Thaliban in Afghanistan, began with directing women into the household. Women were banned from school and from working in the public sphere despite the fact that at the time there were many professional women working as doctors, lawyers, radio announcers etc. A woman was forbidden to set foot outside of the home unless she was accompanied by her mahram (chaperone). Sanctions for this violation (for any given reason) was the death sentence.

The principle of mahram is to protect women from being disturbed by strangers or from trouble that could occur outside the home. Therefore, this cannot be separated from the principle concerning punishment that is applied to perpetrators of crime in the public sphere. When the genuine (and original) purpose was absent (or forgotten) in the implementation of the concept of mahram, women were forced to remain in the home, even if they required urgent medical attention. Under these circumstances women are continuously punished if they violate the rules, even in a situation where a woman needs to work outside the home in order to make a living, yet has no male member of the family who can act as her mahram.

A crucial problem in the implementation of Sharia these days is the lack of a clear distinction between rape and adultery. On the grounds that it is not found in any religious texts or Islamic practices throughout history, the implementation of Sharia generally does not give special consideration to certain conditions regarding sexual relations outside of marriage, such as rape. This clearly places female victims of rape in a disturbing and distressful situation, as was experienced by Zarfan Bibi in Pakistan. After her husband was imprisoned over a murder case, her brother-in-law repeatedly raped her and she became pregnant. When she reported the crime, her pregnancy was used as proof by the court to accuse her of adultery. The rapist was set free from all charges, with the reason that there was not enough proof to convict him. Tragically, Zarfan Bibi was stoned to death, as sentenced by the court.

In Malaysia this issue has triggered serious public debate. Zina (adultery) and qazaf (a false accusation) are considered crimes worthy of hudud (a sentence) and are qishas (punishable) according to the Sharia Criminal Code Enactment that was put into effect in Kelantan, and the Sharia Criminal Offences Code which is currently effective in Trengganu. In connection with hudud, there were two provisions that were rather controversial. Firstly, if an unmarried person committed adultery their punishment would be one hundred lashings and one year of incarceration; if a married person committed adultery their punishment would be public stoning to death. Secondly, any person who accused another of adultery and could not prove it by providing four mature-age male Muslim witnesses would be punished with eighty lashings. It was also determined that if a reported rape could not be proved by the victim, then it would be considered qazaf (a false accusation). As for a married couple, adultery could be confirmed by taking an oath.

The Muslim Women of Malaysia actively criticised these regulations. In Trengganu, they protested about the terms of hudud, which they considered discriminatory toward women and succeeded in amending the law, especially in relation to hudud zina (the sentence for adultery) and qazaf (a false accusation). Based on the amendment, if a woman revealed that she had been raped yet could not provide enough evidence for a court to sentence the rapist, she would not be charged with qazaf (making a false accusation). In this case the rapist would be punished with ta’zir (sentence for a petty crime). Several circumstances and actions that would quite normally incur a sentence (in connection with adultery) were not included in the amendment. For example, a woman would not be charged with adultery if she had been raped, bewitched with black magic, or drugged (by the perpetrator) and therefore rendering her unconscious or completely unaware of the situation.

With different political systems, the challenges for Muslim women (in relation to the struggle between normative Islam and subjective Islam) undoubtedly vary from country to country. Indonesian Muslim women for example, have enjoyed the right to vote and be elected since the first general election in 1955, and although not yet optimal have succeeded in securing a quota of 30 percent of the seats in parliament. Kuwaiti Muslim women have recently been given the right to vote, thanks to a new law that was recently ratified by the Kuwaiti parliament on May 16 2005. Yet, the right of a Kuwaiti women to be elected as a member of parliament is still being debated by the Kuwaiti Muslim community as to whether or not it complies with Sharia. What about Muslim women in Saudi Arabia? Up until six months ago, neither man nor woman had the right to vote. At present, the right to vote is reserved for men only and at no more than local-level elections.

Interpretations of Sharia continue to evolve in Muslim communities, both in those that officially put Sharia into effect as actual law and in those that do not. The fate of Muslim women is ultimately determined by different perceptions of Sharia itself. The challenge for Indonesian Muslim women is becoming more and more serious, with an increase in the formal implementation of Sharia in various regions through local (autonomous) policies. From now on if women do not play an active role in issues regarding Sharia it will remain restricted to merely texts and Islamic history, and through the course of its formalisation in Indonesia, Sharia could consequently restrict women. Let’s hope not!

The Author, Dr. Nur Rofiah is an observer of women’s issues and Guest Lecturer of Women’s Studies at University Indonesia.