control and sexuality

Control and Sexuality: The Revival of Zina Laws in Muslim Contextssituations, discriminatory laws have been made redundant by progressive case law ofthe high courts. Civil society’s advocacy towards states’ (unreserved) ratification andimplementation of gender-relevant international human rights treaties – in particular theConvention on the Elimination of All Forms of Discrimination against Women (CEDAW) –has succeeded in creating national platforms, campaigns, institutions and joint cross-sectorteams committed specifically to gender justice, working arduously towards remedying theconsequences of the legislative and societal revival of zina laws. This way, national legalsystems, whether pluralistic or not, have somewhat regained or further developed theirdeeply challenged human rights frameworks. The retention of (even dysfunctional) zinalaws and by-laws in some of the studied countries, however, continues to pose a seriousquestion as to what extent the states are willing to abandon the political misuse of religionin favour of gender justice. Ultimately, although identified as an all-important political andsocial tool by both sides in this struggle, law once again comes across as quite inept ataddressing the complexities surrounding both the revival of and resistance to zina laws.Here, the question of how to comprehensively and effectively frame and claim genderjustice is, indeed, crucial. Going beyond (yet certainly not abandoning) legal battlesand exploring other communal (religious, social, political, cultural...) aspects of genderrelations becomes inevitable. Yet, to what extent it will reform and revolutionise still widelypredominant (legalistic) human rights discourse remains to be seen.Reflection on Ways ForwardConfronting oppressive laws and practices promoted as inseparable and fundamental toreligion necessitates an ability to devise and implement multi-level, strategic approachesaddressing a variety of their causes. In other words, because the catalysts of the revival ofzina laws and similar phenomena are complex and many, the resistance strategies mustbe able to confront them all in some way, within a broader social justice framework. Theyhave to be ‘owned’ and, indeed, driven primarily by the groups representing the voices ofvictims of such laws and practices. Violence embedded in regulations of human sexuality,particularly that which disproportionally affects women, is of such a nature and urgencythat it calls for sustained civil society action, overcoming the existent ideological and classdivisions. It requires individuals, groups and movements to remain in constant search forcommon grounds, instead of those that divide them. What follows are some summarythoughts based on the insights gained from studying the movements resisting the revivalof zina laws and customs in Indonesia, Iran, Nigeria, Pakistan and Turkey. They reflect thesuccessful strategies employed by those movements and, as such, are potentially salientfor those and other societies affected by zina regulations.Promoting and Supporting Gender-Just Religious Research and Legal FrameworksIn each of the studied societies, the emergent non-patriarchal interpretations of religiouslegal traditions, including those related to gender and sexuality, have made a positiveimpact. They have underscored the importance of gender justice within both religious222