Islam, Women, and Gender Justice

Different Definitions of Justice Render unto each his/her due (Aristotle) Render unto each his/her due (Aristotle) Moral rules that concern the essentials of human well- being more nearly, and are therefore of more absolute obligation than any other rules for the guidance of life. (John Stuart Mills, Utilitarianism) Moral rules that concern the essentials of human well- being more nearly, and are therefore of more absolute obligation than any other rules for the guidance of life. (John Stuart Mills, Utilitarianism) Justice requires that the basic structures of society be arranged so as to benefit the least advantaged (John Rawls, A Theory of Justice) Justice requires that the basic structures of society be arranged so as to benefit the least advantaged (John Rawls, A Theory of Justice) Right relationship Right relationship An ordering of society that enables all to flourish An ordering of society that enables all to flourish

Types of Justice Distributive Distributive Commutative Commutative Corrective/Restitutive Corrective/Restitutive Retributive Retributive

Justice in Islam Justice is a central concept in Islam Justice is a central concept in Islam includes retaliation includes retaliation But higher ideal is benevolence and forgiveness But higher ideal is benevolence and forgiveness includes concern for weaker members of society includes concern for weaker members of society Yet the idea of justice can change with new social situations (116) Yet the idea of justice can change with new social situations (116) How? What does this say about religious truth? How? What does this say about religious truth?

Asghar Ali Engineer The Qur’an and basic principles of Islam support gender justice The Qur’an and basic principles of Islam support gender justice But “what was done by the Qur’an to improve women’s situation was, to a great extent undone, by the ‘patriarchalization of Islamic law’ in later centuries” (Engineer, 109) But “what was done by the Qur’an to improve women’s situation was, to a great extent undone, by the ‘patriarchalization of Islamic law’ in later centuries” (Engineer, 109) So, one discern authentic vs. inauthentic teachings So, one discern authentic vs. inauthentic teachings

Authority Quran Quran divine and immutable divine and immutable Normative teachings more important than contextual teachings Normative teachings more important than contextual teachings Doesn’t anticipate all circumstances; as social setting changes, people confront new dilemmas Doesn’t anticipate all circumstances; as social setting changes, people confront new dilemmas NOTE: fundamentalists do not agree with the author NOTE: fundamentalists do not agree with the author

Authority, cont. Ahadith Ahadith Some spurious Some spurious Divine or human? Divine or human? Analogy (qiyas) Analogy (qiyas) Human reasoning process Human reasoning process Scholarly consensus (ijma) Scholarly consensus (ijma) Whose consensus counts? Whose consensus counts? Ijtihad: solving problems without guidance of Quran and ahadith Ijtihad: solving problems without guidance of Quran and ahadith

Shari’ah Based on: Based on: 1. Quran (divinely inspired) 2. Ahadith or sunna (divine or human? Forgeries?) 3. Analogy (qiyas) 4. Consensus (ijma) 3 and 4 (and perhaps 2) are human; therefore they can change 3 and 4 (and perhaps 2) are human; therefore they can change However, the Ulama present it as divine and immutable (122) However, the Ulama present it as divine and immutable (122) So, change is difficult So, change is difficult

Quranic teachings on women Full support for sexual equality (124) in several verses Full support for sexual equality (124) in several verses Distinguish between “is” (historical setting) and “ought” (ideal, eternal principle) Distinguish between “is” (historical setting) and “ought” (ideal, eternal principle) orthodox don’t accept this distinction, treat all the same (not historical) orthodox don’t accept this distinction, treat all the same (not historical) Rights of wife equal to her husband’s Rights of wife equal to her husband’s can demand a divorce can demand a divorce Women can inherit property (half of what the son inherits) Women can inherit property (half of what the son inherits) Some Quranic teachings are concessions to context, such as polygamy Some Quranic teachings are concessions to context, such as polygamy Limitation on how performed (widows and orphans only, to protect them, only 4, must treat justly) Limitation on how performed (widows and orphans only, to protect them, only 4, must treat justly) tension: Quran suggests it is difficult to fulfill the command to treat them all justly tension: Quran suggests it is difficult to fulfill the command to treat them all justly

Questions What rights should women have, in Engineer’s reading of Islam? What rights should women have, in Engineer’s reading of Islam? Why does Islam suppress women’s rights, according to his reading? Why does Islam suppress women’s rights, according to his reading? How can one discern between the “is” and the “ought” in sacred teachings? How can one discern between the “is” and the “ought” in sacred teachings? What are the dangers in emphasizing the historical context of sacred teachings? What are the dangers in emphasizing the historical context of sacred teachings?

Questions, cont. Why, as he claims, do those orthodox Muslims most resist change in teachings on women, when they accept change in other teachings (like money, property) (p. 123)? Why, as he claims, do those orthodox Muslims most resist change in teachings on women, when they accept change in other teachings (like money, property) (p. 123)? How significant is it that Islam improved women’s situation in the 7th and 8th centuries? Is that still meaningful today? How significant is it that Islam improved women’s situation in the 7th and 8th centuries? Is that still meaningful today? Is it proper to distinguish spirit and letter in Quranic interpretation? Is it proper to distinguish spirit and letter in Quranic interpretation?