With A European Twist
The ٢١st General Conference of The Supreme Council for Islamic Affairs
Tajdid Al-Fikr Al-Islami on Women's Issues
- with a European Twist
B y: L ena L arsen
R esearch fellow , U niversity of O slo
N orw ay
Abstract
The renewal of Islamic thought (tajdid al-fikr al-islami) represents a
watershed in history. A number of Muslim personalities have contributed to
develop this trend of thought. The result is that we have a set of concepts and
methodologies that could serve as a framework for dealing with contemporary
Islam related questions. The field of usul al-fiqh concepts is in continuously
expanding new themes and topics being added at numerous conferences and
seminars as well as a number of new publications. The fiqh tradition is of a
transnational character, and this usul al-fiqh framework has also been
introduced into Western Europe.
Women's question has been a part of the agenda of the tajdid-rooted
movements, in one way or another. In Western Europe, women's questions
are considered to be crucial regarding Muslim identity and existence as a
minority.
A key question would be to whether the prevailing understanding of these
concepts serves adequately when dealing with Muslim women's questions in
Western Europe or, are there further possibilities of adding meaning and
enriching these concepts, in order to respond to Muslims women's challenges?
And, if yes, how?
Social and cultural reality (al-waqi،a) is considered to be an element to be
taken into consideration when ijtihad is done within specific matters. In this
small presentation I argue for the need of empirical data being a component of
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the notion of al-waqi،a when dealing with women's issues, due to the fact that
women's issues, to a great extent, are not dealt with adequately by Muslim
scholar, perhaps because most of them are men, without first hand experience
of the matters at hand.
The discussion in this paper is based upon findings in my research material
from Western Europe.
Introduction
The nineteenth and twentieth century call for revival and renewal is
represented by, among others, Muhammad Abduh (d.١٩٠٥), also called "the
architect of Islamic modernism".
Recognizing that Muslim society was underdeveloped in comparison to
Europe, [he] declared the necessity of a revival and rejuvenation of Islamic
thought and practice in order to restore dignity and greatness to Muslims.
( )"Not by imitating Western ways, but by focusing on the compatibility of
science and lslam.
Abduh made a distinction between ،ibadat (worship) and mu،amalat (social
transactions), and argued for the use of ijtihad, as well as maslaha amma and
talfiq, which opened possibilities for promotion and justification of new law
reforms.
One main concern of Abduh was women's issues, brought to a central place
of the salafiyya agenda by Qasim Amin in his book Tahriir al-Mar'a. There,
the agenda was presented: Mandatory education of girls, ending the practice
of face veil, the woman's self determination regarding marriage, prohibition
of polygamy and delegation of the man's right to talaq to the judiciary. The
arguments used were based upon Muhammad Abduh's project of tajdid.( )
The ground was laid with regard to conceptual framework and a certain
thematic regarding women's issues
Mohamed al-Ghazali
The modern salafiyya movment's principles for interpretation were brought
further by later generations of activists and new movements in the ٢٠th
century. But the neo-salafiyya did not attempt to build on the intellectual
venture, undertaken by the modern salafiyya on legal, political and
educational reform. Instead, these movements focused on reforming the
morality and beliefs of the Muslim individual.( ) One of the leading figures of
this trend was the late Mohamed al-Ghazali(d.١٩٩٦).
"Women" remained a main topic in al-Ghazali's books, and it is possible to
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distinguish three periods in his authorship following the development of his
methodology which changed as a result of the interplay between text and
reality. It is interesting how he changed his opinion on women: Firstly, he
used hadith in combination with a biology-based view on women to support
the claim that women could not have public functions nor become a judge to
support equality between man and woman (with ref. to Q. ٣:١٩٥ and ١٦:٩٧),
equal diya (compensation) for men and women, accepting that women could
become a judge, against face veil and the concept of Islamic dress.
Al-Ghazali described his framework of reference in the following manner:
"The school that I consider myself a leader in and contributor to, is one based
on the full use of all intellectual achievements as well as on all fiqh schools. It
believes in using discoveries in the disciplines of psychology, sociology,
politics, economics and history".( )
The salafiyya initiative had been modified and developed, both with regard
to the content of concepts, methodology and issues related to women.
Yusuf al-Qaradawi
The third person I shall mention is Yusuf al-Qaradawi, one of the leading
،ulama' in our modern world. An important part of his life and work has been
the concern for Muslims in Europe, and a well-known slogan used by him is
"to bring treatment for the Muslims from the ١slamic pharmacy". Women
have been a major issue, and his Halal and Haram fil-Islam made a new
organisation of furu' al-fiqh popular - women and family issues occupies
nearly one third of the book. The methodology is presented: Ijtihad based
upon the four madhahib, tafsir and hadith, as well as al-Qaradawi's "brand
mark" - wasatiyya. With regard to opinion on specific issues it clearly defines
itself within the trend of neo-salafiyya.
His focus on Muslims in Europe also led him to become the chair of the
European Council for Fatwa and Research( ) , which in its statutes mentions
fiqh al-aqalliyyat, maslaha and maqasid al-shari،a, and ،urf among others as
principles for the work of the council.
It is interesting to note that maqasid has become fashionable concept these
days. This one can understand, not least because it provides a possibility to
combine fiqh with overall ethical perspectives. Not least would "justice" and
"consequences' (ma'al) become central concerns. It is interesting however, al-
Qaradawi first and foremost is dealing with economical and political
questions, letting a theoretical discourse on maqasid from a gender
perspective be almost absent from the discourse. It could provide a framework
for dialogue on Muslim women concerns in Europe.
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It should also be mentioned that the format of a fatwa does not provide
format for an overall discussion on ethics. Fatwas represent, as I see them,
specific answers on specific questions. A hunch of where the shoe hurts one
gets by looking at the topic of questions. An impression of the mufti's
mentality and understanding of context one gets by looking into his ijtihad.
The question remains open, however, in what way and to what extent
Muslim women's challenges in European context is adequately dealt with, in
light of a "local understanding of "justice" as well as living with the
consequences of application of certain norms, within the framework of the
common morality of the majority as well as the mindset of young Muslims in
Europe? The principles embedded in the so-called "Model Marriage Contract"
that was launched in the UK could be a source of information.
The Model Muslim Marriage Contract
In the Press Release one can read:
In particular, the new contract provides women entering a Muslim marriage
with written proof of their marriage and of the terms and conditions agreed
between the spouses in the absence of such proof; women have faced
particular difficulties in securing the financial rights guaranteed to them under
the Shari،a upon divorce.
The contract emphasizes the Qur'anic vision of marriage as a relationship
of mutual love, mercy and kindness (mawaddah. rahmah, sukun), as well as
emphasis on mutual consultation, the financial independence of the husband
and wife but their shared obligation to support the family, and the husband
waiving his right to polygamy brings Muslim marriages in Britain into line
with positive developments in Muslim family law across the Muslim world.
The contract does not require a marriage guardian (wali) for the bride, and
also makes delegation of the right of divorce to the wife (talaq-i-tafweed)
automatic. This right does not affect the husband's right of talaq, but enables
the wife to initiate divorce and retain all her financial rights agreed in the
marriage contract .These provisions reflect a recognition of changes in the
Muslim world, including women's greater public roles, educational
achievements and financial autonomy.
The contract also requires "two adult witnesses of good character". In
today's multicultural Britain, women and non-Muslims must be recognized as
just as capable of providing a reputable guarantee that the marriage took place
and of the terms and conditions the couple agreed upon.
In the press release we distinguish a set of issues: the need for a written
contract, mutual consultation, shared obligation to support the family, waive
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the right to polygamy, the women's right to divorce, wilaya and witnesses.
Each of these issues has been subject of questions presented to muftis. The
fatwas have been more or less compatible with local common morality. The
Model Marriage Contract could be read as a coherent response to the need of
the Muslim community, providing legal solutions in accordance with local
based ethics.
In the same press release, we can read that "the new standard contract
reflects a consensus effort to protect the rights of both parties to a Muslim
nikah and that are guaranteed under the Shari،a. The contract has been drafted
after lengthy consultations with religious leaders, community organizations
and women's groups across the country, and comes with guidelines to
facilitate its use. As such it represents the norms, following a deductive
process, combined with knowledge from social and Cultural reality. A cross
fertilization has taken place. May be of benefit for Muslim men and women in
the future?
Conclusion
Tajdid al-fikr al-islami tradition has provided us with a wide range of
concept and principles that Muslims can face the challenges of our time.
Muslims, as minorities, have not been forgotten: The concept of fiqh al-
aqaliyya has been promoted to take Muslims concerns into consideration. The
question remains however, how efficient the ،ulama's responses (fatwas) are?
Do the ،ulama' understand the waqi،a they are living in, with regard to ،urf
and local context? Is it possible to deal with women's issues purely on basis of
texts and sophisticated concepts, in other words by way of a top-to-bottom
approach? To a certain extent, it may be so. The limitations however are that
the muftis are dealing with specific questions of a limited nature, not looking
into Muslim women's challenges in general. In other words, deduction as a
methodology has been a leading principle in the field of Islam and women.
This approach does not, however, question the set of premises which are to
serve as basis for conclusions regarding women's questions. I would argue for
the addition of a bottom-Up approach in dealing with women's questions, or a
more inductive approach. The dialogue between actors working with these
two approaches could provide a fruitful ground for re-examination of
concepts and principles used when dealing with women's issues, and provide
normative basis which includes Muslim women's experience and
weltanschauung. As such Muslim women would become a part of the great
Muslim "we", not remaining the "other" without aspirations for the future.
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١
( )The Oxford Dictionary of Islam: ٢٦٥f.
٢
( )The Egyptian intellectua١ Muhammad Ammara claims that this book is the result of
a co-authorship: While Amin authored the general parts of the book, Abduh was the
responsible for the fiqh arguments (conversation with Ammara, March ٢٠٠٨).
٣
( )Oxford Encyclopedia of the Modern Islamic World (٣:٤٦٧).
٤
( ) Abdallah al-Masri referred in Khalafallah: Rethinking Islamic Law Genesis and
Evolution in the Islamic Legal method and Structures, The case of a٢٠th Century Alim's
Journey into his legal Traditions. Muhammad Al-Ghazali (١٩١٧ -١٩٩٦). Ph.D thesis.
Georgetown University ١٩٩٩:١٠٤.
٥
( ) Established in ١٩٩٧.
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