What if Shari’a Weren’t the Enemy



What if Shari’a Weren’t the Enemy?

Rethinking International Women’s Rights Advocacy on Islamic Law

Asifa Quraishi

(forthcoming: Columbia Journal of Gender and Law, Spring 2011)

Abstract

For many international (especially western-oriented) women’s rights activists, sharia is the enemy. In order to protect women from Muslim religious law, these advocates often position themselves aggressively against so-called sharia legislation (and sharia in general), in the interest of helping Muslim women. I argue that this approach is counterproductive. This strategy ultimately exacerbates, rather than holds back, the oppression of many women living in Muslim majority countries. In this article I explain how current international feminist strategies have created an unwinnable and unnecessary war: that of “sharia vs. women’s rights.” Drawing on my work on zina (extra-marital sex) laws in Nigeria and Pakistan, I argue for an alternative: international women’s rights advocates concerned about the situation of Muslim women would do better not to mention Islamic law at all. This would be a major strategy shift, requiring significant restraint on the part of western secular feminist activists, but I believe it is worth it. Below, I explain how, with a shift in its approach, international women’s rights advocates could not only more effectively secure rights for women in Muslim majority countries, but also better appreciate more of the global spectrum of feminism – including that coming from a sharia-mindful perspective. In short, I imagine a world of international advocacy for women that is nuanced and sophisticated and works with -- not against -- the reality of sharia in Muslim lives.

Table of Contents

Introduction

I. Why Bariya Got Lashed, and Other Stories

II. What is Sharia, Exactly? And Is It Bad for Women?

a. What Does Sharia-Based Advocacy Look Like?

i. Amending Pakistan’s Zina Ordinance

ii. The Intersectionalities of Muslim Women’s Activism

III. “Feminism vs. Islam”: Unpacking Some Very Old Baggage

IV. A Different Strategy: Sharia? Islamic Law? No Comment.

a. A Footnote On the Veil: Can we Take it Down a Notch?

Conclusion

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