Journeys Toward Gender Equality in Islam
By Ziba Mir Hosseini
Oneworld Academic, UK
ISBN: 978-0861543274
272pp.

The rise of political Islam in the Muslim world was accompanied by popular support for the implementation of Shariah [religious law governing day-to-day life], often as a counter to Western, imperialist ideology.

To achieve this end, classical fiqh [jurisprudence] rulings were adapted into policies that did not always reflect shifting ground realities. The nature of these policies, and the impact they had on societies where they were enforced, sparked debates and generated a particular consciousness that, by the 1990s, had begun to develop into a more or less systematic critique, known as ‘Islamic feminism’.

Iranian scholar Ziba Mir Hosseini identifies as a Muslim feminist and has been a vocal critic of legal practices within post-Islamic revolution Iran that have not only adversely impacted women’s lives but, in her opinion, have done Islam the grave disservice of equating it with injustice, while also divorcing it from reason, or aqal — a faculty Muslims are exhorted by the Holy Quran to exercise.

Hosseini has written extensively on the subject of gender politics; her notable books include Islam and Gender: The Religious Debate in Contemporary Iran and Marriage on Trial: A Study of Islamic Family Law. Her latest book, Journeys Toward Gender Equality in Islam broadens its scope beyond Iran, focusing instead on the diversity of approaches and opinions that characterise Islamic feminism, and begins with the following two questions at its core:

A fascinating book asks that, if justice is an intrinsic value in Islam, why have women been treated as second-class citizens in its legal tradition. And is gender equality possible within it?

“If justice is an intrinsic value in Islam, why have women been treated as second-class citizens in Islamic legal tradition?” and “Now that equality has been established as an essential principle in contemporary conceptions of justice, is it possible to argue for equality between men and women from within the Islamic tradition?”

Hosseini’s book comprises primarily a series of conversations with six distinguished scholars — Abdullahi Ahmed An-Na’im, Amna Wudud, Asma Lamrabet, Khaled Abou El Fadl, Mohsin Kadivar and Sedigheh Vasmaghi — whose lives and work have shaped the arguments and trajectory of Islamic feminism.

Each conversation is preceded by a short biographical account of the interlocutor that provides readers, especially those new to the discourse, with useful context. The conversations begin with a detailing of each scholar’s academic and spiritual journey, focusing on what led them to think critically about the Islamic tradition to which they were initially exposed.

The discussion then moves on to concerns more central to Islamic feminism — for instance, the relative status of men and women, especially with reference to traditional interpretations of Surah An Nisa, verse 34; a more equitable interpretation of the inheritance laws stated in the Holy Quran; the concept of obligatory hijab that enforces seclusion; the institution of marriage in its current patriarchal form; the possibility of the imamat [position of religious leadership] of women and the contentious nature of the hudood [moral limits] laws.

The approach of these reformist theorists ranges between those who believe in an essential separation between mosque and state, as it were, as well as those who, rather than seeking secularism, wish to engage with traditional conservative voices within the Muslim community to challenge the latter’s interpretation of God’s eternal message.

A core issue discussed is the distinction between fiqh and Shariah. Hosseini’s position — as of most others in the book — is that fiqh should not be treated as sacred, or equated with Shariah itself. Shariah is a potentially unattainable, Divine ideal always to be aspired for. Fiqh, on the other hand, is not Divine. It is the result of human effort, susceptible to human error and limitations in terms of its relevance and efficacy, both culturally and historically. Fiqh is, therefore, open to debate.

In fact, it is only with this distinction in place that a case for gender equality, or any other rational reform, can be made possible while remaining within the Islamic tradition.

Sudanese scholar Abdullahi Ahmed An-Na’im pushes back on this idea, arguing — rather incoherently — that the distinction is ultimately meaningless and that the focus should instead be on devising a new usool al fiqh [principles of jurisprudence].

The finer point of his argument is that the religious right holds all the power and will never allow alternate interpretations to have any currency at all, and that the only realistic way forward for Islamic feminists will be to first push for a secular state. Both Hosseini and Iranian lawyer Sedigheh Vasmaghi conclude — reluctantly, it seems — that this might indeed be the case.

Consider another important topic that is discussed: the status of men and women. Traditional fuqaha [jurists] have often interpreted Surah An Nisa, verse 34, as evidence that men and women are inherently unequal, that men hold a degree of superiority over women and, therefore, are to act as their wards.

Hosseini takes the first half of the verse — the part that seems to suggest male superiority — and discusses alternate interpretations with the six scholars. The responses are varied in their approach, but united by the sense that traditional fuqaha have clearly misunderstood the verse.

Naturally, one need only cast a cursory glance around the world one lives in to gain more than ample evidence that women are neither intellectually nor morally inferior to men. And since the word of God cannot be false, it is the interpretation of the ulema which then comes into question. Moroccan doctor Asma Lamrabet, for instance, concludes that the verse speaks of men’s role as caretakers only as husbands when their wives are pregnant, breastfeeding, etc, and not as a general principle.

Journeys Toward Gender Equality in Islam is a very useful and accessible book that presents a few ideas of some of the most prominent, contemporary reformist thinkers of Islam. For many, it will be an introduction to other important writings by these scholars as well; for instance, Kuwaiti-American professor of law Khaled Abou El Fadl’s The Search for Beauty in Islam: A Conference of the Books may well be worth looking into.

In all likelihood, readers will welcome much of what they confront in Hosseini’s book. However, there will be instances where they might find their own ways of thinking challenged, and everything will not be immediately palatable. Hosseini herself receives resistance on the issue of the hudood laws pertaining to zina [illicit sexual relations] and to gain a better understanding of her position in this matter, readers will have to consult her other published works.

A positive underlying assumption that characterises the efforts of the scholars featured in the book is their unshakeable faith that God is just, and, therefore, a policy that seems to belie this attribute of God has to be challenged. Challenging established norms is always fraught with real peril and Hosseini asks those who have had to suffer for their work to reveal the source of their strength. Their response is invariably their faith in God’s justness and their sense of duty to His message.

Any struggle undertaken with an honest intention to gain a deeper understanding of Islam should be valued. Criticism should be aimed at the proponent’s line of reasoning wherever it is found wanting, and not at the individual making the effort. Hopefully, this book will produce meaningful engagement and constructive criticism.

The reviewer is a bibliophile

Published in Dawn, Books & Authors, April 16th, 2023