In the fifth episode of the Women of the Middle East Podcast, I had the privilege of engaging in an enlightening conversation with Dr. Marwa Sharafeldin, an influential figure in the Musawah movement. Our discussion delved deep into the pressing need for reform in Muslim family laws, aiming to dispel misconceptions and shed light on the intersection of religion, feminism, and legal activism. This recap article provides a summary of the main points explored during our thought-provoking conversation.
During our conversation, Dr. Marwa eloquently explained the multifaceted nature of Muslim feminism, emphasizing the shared goal of gender equality and justice among feminists of various beliefs and backgrounds. She challenged the notion of a divide between secular feminism and religious feminism, highlighting the power of unity in working towards achieving women’s full rights. Drawing parallels to feminist movements worldwide, Dr. Marwa emphasized that the objective of equality transcends labels and religious affiliations.
Dr. Marwa skillfully distinguished between Shari’a (الشريعة) and Islamic jurisprudence (أصول الفقه), enlightening our listeners about their interplay within Muslim family laws. She emphasized that Islamic jurisprudence, being a human understanding of divine teachings, forms the basis for such laws. However, she clarified that the conflation of Islamic jurisprudence with Sharia has led to the misrepresentation of family laws as unchangeable commands from God. Dr. Marwa underscored the dynamic nature of Islamic jurisprudence, highlighting the fact that the diverse family laws across different Muslim countries reflect the interplay between Muslim legal tradition, human rights, state laws, and societal norms.
Our conversation delved into the pivotal role played by women’s movements and activists in advocating for substantial changes in family laws. Dr. Marwa showcased various approaches used by activists and reformers, including constitutional arguments and religious-based justifications, to challenge discriminatory provisions. She provided inspiring examples from different countries, such as Morocco, India, and Tunisia, where reformers successfully utilized Islamic jurisprudence and constitutional principles to push for progressive reforms.
We then explored the economic consequences of gender inequality perpetuated by family laws. Dr. Marwa highlighted the costs associated with intimate partner violence and the underutilization of women’s potential in the workforce. By double burdening women with unpaid care work and restricting their rights, family laws hinder their economic empowerment and impede overall societal progress. Dr. Marwa emphasized the significance of recognizing and rectifying these economic implications as crucial aspects of reform efforts and social justice.
In conclusion to our conversation, Dr. Marwa offered several examples of substantive reforms that have taken place in the MENA region. These reforms included removing the obligation of obedience, banning or imposing restrictions on polygamy, granting women a share in matrimonial assets, and criminalizing marital rape. These progressive reforms, supported by Islamic jurisprudential arguments, challenged the misconception that gender equality and justice are inherently incompatible with Islamic beliefs and teachings.
