Corporal Punishment Verses in the Qur'an are to be Reinterpreted to Counter Violent Extremist Practices from Within the Islamic Juristic Tradition

Corporal punishments in the Qur'an, also grouped under the Arabic term Ḥudūd, have been understood as a set of preordained harsh punishments due whenever their conditions are met. They not only served mainly as a deterrent, but also as a penal code in traditional religious Islamic law books. This essay argues that those Ḥudūd‐Qur'anic corporal punishments can be reinterpreted to only represent an upper limit never to be exceeded, favoring more lenient noncorporal punishments, or even no punishment at all by the state. For the Qur'an recommends forgiveness for murder, theft, brigandage, slander, and adultery. If this powerful Qur'anic paradigm is to be well understood and popularized, it would contribute to eroding the ideological basis of the extremists’ propaganda machine. It would also help Muslims connect to their Islamic tradition in a modern pluralistic society without undue tension. An historic overview of the penal culture at the time of the Qur'anic revelation, and then through its modern evolution in various geographic locations, including Muslim majority societies is used to contextualize the discussion. Two possible counter arguments based on Muslim tradition are addressed, namely the concept of abrogation in the Qur'an, and the Hadith (Prophetic traditions) undermining this reading of the Qur'an.     

Misconceptions About the Caliphate in Islam

Three common misconceptions about the caliphate in Islam are explored alleging: 1) that there has been only one caliph at a given time governing all Muslims, uninterrupted until the caliphate system was abolished in 1924, 2) that caliphs governed vast territories, 3) that God in Islam mandates a blueprint for governance called the caliphate. This essay begins with the role the caliphate played in agendas of Islamic movements over the last 100 years. Then the historic development of the caliphate is discussed providing the background to explore the first two misconceptions. The third misconception is consequently addressed through a linguistic, Qur'anic, and historical analysis of the word “caliphate.” The fact that neither the Qur'an, nor the Prophet saw himself as a head of state is explored, and the misappropriation of the word “constitution” to replace the word “pact” in “the pact of Medina” is pointed out. A simple classification of three types of “caliphates” is suggested, emphasizing the wide range of connotations it conveys. Finally, counterarguments using the Qur'an and Hadith are addressed. The essay concludes with the idea that what makes a state Islamic are not name nor its structure, but rather its orientation towards Qur'anic ethical values.     

BOOK REVIEWS

Books reviewed in this article: Trialogue of the Abrahamic Faiths. Edited by Isma'il R. Al-Faruqi. The Tarjuman al-Qur'an: a critical analysis of Maulana Abu'l-Kalam Azad's approach to the understanding of the Qur'an. By I. H. Azad Faruqi. Major Themes of the Qur'ān. By Fazlur Rahman. Arabic Literature to the End of the Umayyad Period. Edited by A. F. L. Beeston, T. M. Johnstone, R. B. Serjeant and G. R. Smith. Man's Religious Quest: Units 20–21: Islam and the Muslim. By Kenneth Cragg. Muhammad and the Jews. By Barakat Ahmad. Christians and Jews in the Ottoman Empire: The Functioning of a Plural Society. Vol. I: The Central Lands; Vol. II: The Arabic-Speaking Lands. Edited by Benjamin Braude and Bernard Lewis. Minderheit, Millet, Nation?: Die Juden in Ägypten 1914–1952. (Studien zum Minderheiten-problem im Islam). By Gudrun Krämer. Reislamisierung und Entwicklungspolitik [Forschungsberichte des Bundesministeriums für Wirtschaftliche Zusammenarbeit, Band 30]. By D. Khalid. The Middle East Annual: Issues and Events [Volume 1–1981]. Edited by David H.     

‘It is because of our Islam that we are there’: The Call of Islam in the United Democratic Front Era

Abstract

This article examines the South African Islamic anti-apartheid organisation, the Call of Islam, in order to understand how progressive South African ‘ulama navigated the contested territory of Islam through an interpretation of the Qur'an that demanded a Muslim alliance with the oppressed in the anti-apartheid struggle and a South African Islam. The emergence of the United Democratic Front (UDF) in 1983 in reaction to the apartheid government's Tricameral Parliament created a space in which South African Muslims could enter the national anti-apartheid struggle according to their religious rather than ethnic identity. To illustrate the historical development of the Call of Islam and its affiliation with the UDF, the article will first outline the formation of the UDF in the Western Cape, the geographical area with the largest concentration of Muslims in South Africa. The focus will then turn to the impact of the UDF on the Cape's Muslim community, particularly the divide that developed amongst its ‘ulama over the stance of Muslim participation in the anti-apartheid struggle. The following section will analyse the emergence of the Call and how the questions of its founders concerning the religious Other led to an examination of Islam in its South African context. The final section will then look at the sources that the Call used to show it was indeed because of their South African Islam that they affiliated with the UDF and the oppressed.     

Wife Seclusion and the Spatial Praxis of Gender Ideology in Nigerian Hausaland

In much of Nigerian Hausaland the prevailing religio-cultural ideology of female seclusion (if not always the practice) impinges on married Muslim Hausa women to a greater, or lesser, degree. This article examines the intimate relationships between space, gender and ideology in contemporary rural Hausa society, showing the social construction (and connectedness) of gender identities and associated spatial identities, thus illustrating how spatial praxis is based on hegemonic patriarchal gender ideology. Observations and interview material gathered from a village case study in Kano State demonstrate how gender divisions correspond with the ideology and contemporary practice of wife seclusion. Intersecting patterns of gender, space and time are revealed by detailed analyses of time- and space-use data, which scrutinise men's and women's daily activities and mobility patterns. The cross-cutting of gender with class, age and marital status is shown to be highly significant in determining everyday experiences of spatial praxis, especially for women. A materialist feminist theoretical framework is used to explain this gendered geography of Nigerian Hausaland in which men's and women's worlds are spatially segregated, yet complexly interlocked and interdependent beyond simple public‐private divisions of ‘female’ household compounds (private space) and ‘male’ public space. For this peasant society, aspects of the rural economy and ideology emerge as powerful factors in determining the nature of seclusion as part of gender praxis. It is argued that due to various cultural and religious factors socio-economic development in Northern Nigeria has not been translated into improved autonomy for Hausa women.     

The Book of Marriage: Histories of Muslim Women in Twentieth‐Century Australia

From 1860 to the 1920s, Muslim merchants and workers from across British India and Afghanistan travelled to Australian shores to work in the extensive camel transportation network that underpinned the growth of capitalism in the Australian interior. Through marriage, South Asian women in addition to white women and Aboriginal women became part of families spanning the Indian Ocean. Yet, the life‐worlds of these women are absent from Australian historiography and the field of Indian Ocean studies alike. When women do appear in Australian histories of Muslim communities, the orientalist accounts work to condemn Muslim men rather than shed light on women's lives. Leading scholars of Indian Ocean mobilities on the other hand, have tended to equate masculinity with motion and femininity with stasis, omitting analyses of women's life‐trajectories across the Indian Ocean arena. In this article, I rethink the definitions of ‘motion’ that underpin Indian Ocean histories by reading marriage records as an archive of women's motion. Using family archives spanning from Australia to South Asia, this article examines five women's marriages to South Asian men in Australia. Challenging the racist accounts of gender relations that currently structure histories of Muslims in Australia, I turn to the intellectual traditions of colonised peoples in search of alternatives to orientalist narratives. Redeploying the Muslim narrative tradition of Kitab al‐Nikah (Book of Marriage) to write feminist history, this article proposes a new framework to house histories of Muslim women.     

Gender equality: a core dimension in Rural Development Programmes in Austria?

The supranational gender equality regime of the European Union (EU), in place since the 1990s, affects gender-related social policy including the so-called ‘gender-neutral’ policy fields such as the common agricultural policy and rural development policy. Especially, the implementation of gender equality in all policy fields through the strategy of gender mainstreaming in EU Structural Funds and Rural Development Programmes has become a key challenge for political and administrative players and stakeholders. Analysis reveals that the existing institutional, political and social barriers for an effective implementation of gender equality in rural development policy are manifold. Instead of promoting rural women's agency and empowerment, Rural Development Programmes and processes in Austria are preserving and perpetuating traditional gender roles and patriarchal structures in rural society.     

Women and Peace Building: Local Perspectives on Opportunities and Barriers

The UN Security Council Resolution 1325 has made strong provisions to include women in peace‐building interventions and actions. This is, however, rarely observed in practice beyond local‐level activities. This article discusses new qualitative evidence on the opportunities and barriers to women's participation in peace‐building processes, based on a comparative analysis of case studies conducted in Afghanistan, Liberia, Nepal and Sierra Leone. The findings show that women's engagement in peace‐building activities, beyond their immediate social relations, is restricted by institutional, economic, cultural and social obstacles. These barriers prevent the realization of gender equality objectives in peace‐building initiatives. Moreover, local understandings of peace typically place family relations at the centre of how women engage with peace‐building processes, and how other community members perceive women's roles in peace building.     

BOOK REVIEWS

Book reviewed in this article: Palestinian Rights: Affirmation and Denial. Edited by Ibrahim Abu-Lughod A Mediterranean Society: The Jewish Community of the Arab World as Portrayed in the Documents of the Cairo Geniza , Volume 4: Daily Life. By S. D. Goitein The Arabic Book. By Johannes Pedersen The Early Islamic Conquests. By Fred McGraw Donner The Islamic Impact. Edited by Yvonne Yazbeck Haddad, Byron Haines and Ellison Findly Persian Miniature Painting: and its Influence on the art of Turkey and India [The British Library Collections]. By Norah M. Titley Essays in Islamic Art and Architecture [Islamic Art and Architecture, Vol. I]. Edited by Abbas Daneshvari Architecture and Community: Building in the Islamic World Today. [The Aga Khan Award for Architecture.] Edited by Renata Holod with Darl Rastorfer Islam and Ownership. By Seyyed Mahmood Taleqani Society and Economics in Islam: Writings and Declarations of Ayatullah Sayyid Mahmud Taleghani. Translated from the Persian by R. Campbell Equality, Efficiency, and Property Ownership in the Islamic Economic System. By Akhtar A. Awan. Lanham Crime and Corrections: An Al-Islamic Perspective. By Sidney R. Sharif The Qur'ān and Its Interpreters. Vol. I. By Mahmoud M. Ayoub 'Ulum al-Qur'ān: An Introduction to the Sciences of the Qur'ān. By Ahmad von Denffer Ibn Taymiyyah's Ethics—The Social Factor. By Victor E. Makari Shāh Wal?-Allāh And His Times. By Saiyid Athar Abbas Rizvi Islamic Theology and Philosophy: Studies in Honor of George F. Hourani. Edited by Michael E. Marmura Religion, My Own. The Literary Works of Naj?b Ma fūz. By Mattityahu Peled L'Orient dèchirè entre I'Est et L'Ouest (1955–1982). By Simon Jargy The Reflowering of Malaysian Islam: Modern Religious Radicals and Their Roots. By Judith Nagata Muslim Sects and Divisions. The section on Muslim sects in Kitāb al-Milal wa'I-Ni al by Mu ammad b. 'Abd al-Kar?m Shahrastān? (d. 1153) . By A. K. Kazi and J. G. Flynn Muslim Intellectual Responses to “New Order” Modernization in Indonesia. By Muhammad Kamal Hassan Social history of Timbuktu: the role of Muslim scholars and notables 1400–1900. By Elias N. Saad Religion and Politics in Muslim Society : Order and Conflict in Pakistan. By Akbar S. Ahmed Baba of Karo: A Woman of the Muslim Hausa. By Mary F. Smith     

The politics of saving Muslim women in India: Gendered geolegality,security, and territorialization

In this paper, we critically approach the idea of “saving Muslim women” by examining two prominent judgments by the Supreme Court of India and their attendant debates: Mohammad Ahmed Khan vs. Shah Bano Begum and Others 1985 AIR 945, popularly known as the Shah Bano judgment and Shayara Bano vs. Union of India And Others WP(C) No.118 of 2016, popularly known as the Triple Talaq (divorce) judgment. Using the frameworks of feminist geopolitics, femonationalism, and feminist geolegality, we analyze the debates around the Shah Bano and Triple Talaq judgments, looking at how the state employs and often usurps the narrative of gender equality and women's rights for its own purposes. We highlight how laws ostensibly for the protection of Muslim women (and the discourses that surround them) have the effect of strengthening the Hindu nationalist state, and furthering masculinist state building and territory making. By focusing debates on the categories of Muslim men and women, the law becomes a means to resolve the “problem” of Muslims in India.     

Equality of Women's Economic Status? A Major Bone of Contention in the International Gender Politics Emerging During the Interwar Period*

This study brings together the often disparate scholarship on the League of Nations and the ILO. It follows the interactions between the League, women internationalists, and the ILO, which evolved around the question of woman-specific labor legislation and the equality of women's status. These interactions resulted in a broadening mandate of international gender policies while deepening the institutional and legal distinction between women's ‘political and civil’ as opposed to their ‘economic’ status. The ILO insisted on certain forms of women-specific labor regulation as a means of conjoining progressive gender and class politics, and was anxious to ensure its competence in all matters concerning women's economic status. The gender equality doctrine gaining ground in the League was rooted in a liberal-feminist paradigm which rejected the association of gender politics with such class concerns, and indeed aimed to force back the ILO's politics of gender-specific international labor standards. As a result of the widening divide between the women's policies of the League and the ILO, the international networks of labor women reduced their engagement with women's activism at the League. The developments of the 1930s deepened the tension between liberal feminism and feminisms engaging with class inequalities, and would have problematic long-term consequences for international gender politics.     

The ‘New Woman’ and the Politics of Love,Marriage and Divorce in Colonial Korea

This study seeks to explore the changing discursive forces that competed to define Korean women's identity and roles within the context of the new spaces created by colonialism and modernity. It argues that a small coterie of literate women seized the initiative to enhance their education, define the politics of physical aesthetics and con‐tribute to the debate about the changing gender roles and expectations in Korean society all under the guise of 'Westernisation' and progress. The emergence of these 'new women' challenged traditional notions of Korean womanhood and brought the 'woman question' to the forefront of public discourse.     

Embodying Islam and laïcité: young French Muslim women at work

In this article, I consider how the racialisation of Muslim identities in the French context affects the education and employment trajectories of six young French Muslim women with post-secondary education, living and working in Paris. I call attention to the pernicious effects of the intersection of three sets of governing discourses: laïcité, post-feminism and neoliberalism. These discourses obscure the way state-endorsed racialisation intersects with class and gender relations to erect barriers to Muslim women's employment opportunities. I examine the complex discursive and performative work Muslim women engage in, to inhabit, reproduce, reject or contest various interpretations of pious feminine Muslim and of French secular republican subjecthood. Work sites become important places where both pious and laïque subjectivities are often simultaneously produced and negotiated through performance and corporeality. In this way, the women's narratives challenge the discursive construction of the incompatibility of pious and secular subjectivities. Participants disrupted their racialisation as oppressed women who embody Muslimness by emphasising their individual and conscious choice to practise their religion. Yet, in doing so, and in the light of the challenges finding work for those wearing the headscarf, they were inadvertently rendered the agents of the discriminatory treatment that disadvantaged them in the labour market. The rational, free-choosing, neoliberal ‘self’ that they construct must then take individual responsibility for the negative consequences on their lives of broader collective racialising discourses.     

Frank Cass THE JOURNAL OF DEVELOPMENT STUDIES

Much environment and development discourse assumes that women are the ‘natural’ constituency for conservation interventions. This article attempts to illuminate this assumption with the lens of a gendered critique of environmentalisms (technocentric, ecocentric and non-western). How do the intellectual roots of Western environmentalisms influence the positions, or non-positions, of contemporary environmentalism with regard to gender? What does research on environmental perceptions in non-Western societies imply about gender differentiation in environmental relations? The article concludes that there are no grounds for assuming an affinity between women's gender interests and those of environments and that such a view is symptomatic of the gender blind, ethnocentric and populist character of western environmentalisms. By contrast the application of gender analysis to environmental relations involves seeing women in relation to men, the disaggregation of the category of ‘women’, and an understanding of gender roles as socially and historically constructed, materially grounded and continually reformulated. The issue of how far women's gender interests and environmental interests go hand in hand leads us to pose a broader question of the degree to which environmental conservation is premissed upon social inequality.     

Telling Stories about the Colonies: British and French Women in Algeria in the Nineteenth Century

This article recounts the stories told about Véronique Eugénie Allix‐Luce and her school for Muslim girls founded in Algiers in 1845. Drawing on English feminist writings, including correspondence and travel narratives, it explores how women, such as Barbara Bodichon and Bessie Rayner Parkes, constructed this French schoolteacher as a modern day heroine. French colonial authorities and women's travel narratives provide a more complicated portrait and reveal the weight of cultural and gender politics within the French ‘civilising mission’ that ultimately erased the memory of this initiative. By retelling the story of Mme Luce's school through the double perspective of British and French contemporaries, the article offers insight into the disappearance of women's roles in the French story of Algerian colonisation.     

The Company Owns the Mine but They Don't Own Us: Feminist Critiques of Capitalism in the Coalfields of Kentucky in the 1970s

This article examines women's involvement in the Brookside Mine strike of 1974, which captivated US audiences and provided women with an unprecedented public platform to challenge the class and gender system undergirding coalfield capitalism. During the strike, female kin of miners in Harlan County, Kentucky, started a club to support striking miners and their families and to organise picket lines; they were joined by women from across the region and country. With the strike as their foundation these women generated a women's movement that revealed the specific ways class and gender inequality shaped their lives, defined by the heavy‐duty care work characteristic of the coalfields. This article argues that the Brookside women's support of striking miners was fundamentally about gendered class inequality: the denigration of working‐class, female caregivers alongside the devaluing of men's labour. Using collective memory and individual experience as their interpretive devices, the Brookside women forged a class‐conscious feminism. In it they exposed the traumas of coalfield capitalism, shone a light on women's unpaid care work (one of the foundations of corporate capitalism) and destabilised the gender and class hierarchies that defined coalfield communities.     

Women's Work in Urban Bangladesh: Is there an Economic Rationale?

The general phenomenon that women in Bangladesh engage less frequently in market work than men is commonly explained as the lack of response of female labour to economic imperatives due to the overarching influence of purdah. However, this emphasis on a cultural rationale for gender-differentiated work behaviour diverts attention away from the deep-rooted economic inequalities at the societal level. This article examines women's work in urban Bangladesh from a female labour supply and demand perspective that is rooted in the socio-economic institutional context. The study finds that, despite the strong gender segregation of economic roles, women's roles are more flexible and lend themselves to changing household strategies more easily compared to men's. The evidence indicates that female labour market participation is largely the outcome of the supply effect shaped by the pattern of gender roles and gender-specific access to human capital. Consequently, women are relegated to low-skill market activities and have lower earnings than men, even without any overt discrimination in labour demand. The covert discrimination that leads women to pursue a different pattern of labour use than men is the fundamental gender bias of socio-economic institutions that govern household allocational decisions and dictate gender-specific behaviour.     

Islam,Human Rights and Interfaith Relations: Some Contemporary Egyptian Perspectives

Abstract

This paper explores current discussions and debates on Islam, human rights and interfaith relations in Egypt through an analysis of the public statements and writings of various religious scholars and spiritual teachers and the textbooks used to teach Islam in public secondary schools. It is well known that Islamist perspectives have become mainstream in Egypt, a largely devout and socially conservative country that is also the source of most of the major Islamic trends and political ideologies that have impacted the Muslim world in the nineteenth and twentieth centuries. Nonetheless, there is a broad tendency in government-issued textbooks on Islam and in the population at large to equate Islam with democracy and human rights, despite the authoritarianism of the state and the contradictions between traditional interpretations of Islam and international human rights norms. The rhetoric of democracy and human rights is linked to the threat of terrorism, which is labeled un-Islamic. Among ordinary Egyptian Muslims, even those who support Islamist politics, there seems to be a new concern to eradicate Islamic extremism and more openness to unconventional Muslim approaches. The most liberal example of this is an association that teaches the unity of all religions from a somewhat Sufi perspective, promotes interfaith dialogue, and advocates reinterpreting the Shari'a to promote gender equality and equal human rights for all Egyptians.     

To be a true Muslim: online discussions on the headscarf among Moroccan-Dutch women

The headscarf (hijab) and its relation to Muslim identity and gender relations within Islam is a major topic of contention for Muslim women living in Western Europe. One aspect of this is that they have to present an acceptable religious identity vis-à-vis other Muslims. The present study uses membership categorization analysis to examine the membership categories and category-bound attributes used in Internet forum discussions on the headscarf among Moroccan-Dutch women. The analysis shows how the category of ‘true’ Muslim is linked to wearing the headscarf out of religious submission. Women who did not wear the headscarf produced accounts that emphasized personal conviction and religious engagement as additional defining attributes of a ‘true’ Muslim, or emphasized other activities or predicates as being critical for a Muslim female identity. With these accounts, these women negotiated the normative religious context on which categorization practices with fellow believers are based.