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Control and Sexuality: The Revival of Zina Laws in Muslim Contextsmisinterpretations to justify discrimination and violence against women have signed up tointernational human rights conventions; their lack of accountability in enacting the lattermust be exposed. But in the eyes of many Muslims, the moral high ground and justice ofinternational human rights law have been undermined by the politics and rhetoric of theso-called war on terror in the aftermath of the 9/11 attacks, as well as the West’s unwaveringsupport for Israel despite its escalating violations against the Palestinians and their land. 49Claiming to be advocates of justice, Islamists thrive on being seen to oppose such outsideinterventions. In these new 21 st century conditions, activists must also be able to engagein an internal discourse within Muslim communities (An-Na‘im 2005). As Abdullahi An-Na’im points out, “although the apparent dichotomy between the so-called religious andsecular discourses about the rights of women in Islamic societies is somewhat false orgrossly exaggerated, its implications are too serious to be ignored in practice” (1995b: 51).A campaign that can bring Islamic and human rights perspectives together can be morepersuasive and effective.To reiterate the main points of the argument in this chapter:• Strategies should be diverse and multi-levelled, and must be able to engage in aninternal discourse within communities. Given the intimate links between Islamiclegal tradition and culture, it is essential to frame arguments for reform and changeconcurrently within both Islamic and human rights frameworks.• In a campaign against zina laws or stoning, for strategies of confrontation such as‘naming and shaming’ to be more than political rhetoric and be effective in persuadinggovernments or Islamists to change laws or practices, they must be combined with aprocess of engagement, dialogue and debate in which all sides have the opportunityto articulate principles and defend practices. This has worked, for example, in Moroccowith the reform of Family Law following years of women’s activism and engagementwith clerics; 50 and in Pakistan, with the amendment of zina laws following theintervention of the Council of Islamic Ideology. 51• As a general principle, if the aim is to persuade some other group to change theirpractices or laws, it is more effective to argue that they transgress their own principles;that an alternative law or practice might be more in accordance with both theirprinciples and those of others – including international human rights law.• The principles and ideals of the Qur’an reflect universal norms that have resonance incontemporary human rights standards, and provide the basis for an ethical critiquefrom within an Islamic framework of penal laws based on classical jurisprudence.49 For an incisive discussion of dilemmas encountered by international NGOs working in Muslimcontexts, see Modirzadeh (2006).50 Buskens (2003); Collectif 95 Maghreb-Egalité (2005).51 Council of Islamic Ideology (2006); also Lau (2007).40
Criminalising Sexuality: Zina Laws as Violence Against Women in Muslim ContextsBibliographyAbou-Bakr, Omaima (2003), ‘Teaching the Words of the Prophet: Women Instructors of theHadith (Fourteenth and Fifteenth Centuries)’, Hawwa: Journal of Women of the MiddleEast and the Islamic World 1 (3): 306–328.Abou El Fadl, Khaled (2001), Speaking in God’s Name: Islamic Law, Authority and Women. Oxford:Oneworld.(2004–5), ‘The Place of Ethical Obligations in Islamic Law’, UCLA Journal of Islamic andNear Eastern Law 4 (1): 1–40.Abu-Odeh, Lama (1996), ‘Crimes of Honour and the Construction of Gender in Arab Society’, inMai Yamani (ed.), Feminism and Islam. Reading: Ithaca Press.Abu Zayd, Nasr Hamid (2001), ‘The Qur’anic Concept of Justice’, Polylog: Forum for InternationalPhilosophy 3, http://them.polylog.org/3/fan-en.htm(2006), Reformation of Islamic Thought: A Critical Analysis. Amsterdam: AmsterdamUniversity Press.Ahmed, Leila (1984), ‘Early Feminist Movements in the Middle East: Turkey and Egypt’, in FredaHussain (ed.), Muslim Women. London: Croom Helm.(1991), ‘Early Islam and the Position of Women: The Problem of Interpretation’, in NikkiKeddie and Beth Baron (eds.), Women in Middle Eastern History, 58–73. New Haven: YaleUniversity Press.Al-‘Ashmawi, Muhammad Sa‘id (2004), Usul al-Shari‘a (The Principles of Shari‘a), 5 th Ed. Beirut:Al-hintasar al-Arabi.Al-Hibri, Aziza (1982), ‘A Study of Islamic Herstory: Or How Did We Get Into This Mess’, in Islamand Women, special issue of Women’s Studies International Forum 5(2): 207–19.(1997), ‘Islam, Law and Custom: Redefining Muslim Women’s Rights’, AmericanUniversity Journal of International Law and Policy 12: 1–44.Ali, Kecia (2003), ‘Progressive Muslims and Islamic Jurisprudence: The Necessity for CriticalEngagement with Marriage and Divorce Law’, in Omid Safi (ed.), Progressive Muslims:On Justice, Gender, and Pluralism, 163–189. Oxford: Oneworld.(2006), Sexual Ethics and Islam: Feminist Reflections on Quran, Hadith and Jurisprudence.Oxford: Oneworld.(2010), ‘Marriage in Classical Islamic Jurisprudence: A Survey of Doctrines’, in AsifaQuraishi and Frank Vogel (eds.), The Islamic Marriage Contract: Case Studies in IslamicFamily Law, 11–45. Cambridge, MA: Islamic Legal Studies, Harvard Law School.(2010), Marriage and Slavery in Early Islam. Cambridge, MA: Harvard University Press.Amnesty International (2008), ‘Iran: End Executions by Stoning’, 15 January 2008,http://www.amnesty.org/en/library/info/MDE13/001/2008/en41
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Ziba Mir-Hosseini and Vanja Hamzić
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ContentsvviiAcknowledgementsGlossar
Page 9 and 10:
GlossaryAcross Muslim countries and
Page 11 and 12: GlossaryDarul Islam: ‘Abode of Is
Page 13 and 14: GlossaryIjab & Qabul: Lit. ‘offer
Page 15 and 16: Lawat/Liwat: Penetrative sex betwee
Page 18: Control and Sexuality: The Revival
Page 27: Introduction
Page 30: Control and Sexuality: The Revival
Page 35: Introductionbe sought both in ‘tr
Page 40 and 41: Control and Sexuality: The Revival
Page 43 and 44: Criminalising Sexuality: Zina Laws
Page 45 and 46: Criminalising Sexuality: Zina Laws
Page 73 and 74: IndonesiaCountry ProfileThe Republi
Page 75 and 76: Indonesiaon employing religion in t
Page 77 and 78: Indonesiamovement, however, unified
Page 79 and 80: IndonesiaAct also strengthened the
Page 81 and 82: IndonesiaCases of Human Rights Viol
Page 83 and 84: Indonesia2008 Law on PornographySin
Page 85 and 86: Indonesiathat “community [moral]
Page 87 and 88: Indonesiajustified as a pre-emptive
Page 89 and 90: Indonesiato leave their village and
Page 91 and 92: Indonesia(1) the right to an object
Page 93 and 94: Indonesiahas been difficult; Indone
Page 95 and 96: Indonesiaparticularly those of the
Page 97 and 98: IndonesiaIndonesian civil society,
Page 99 and 100: IndonesiaGeertz, Clifford (1971) [1
Page 101: IndonesiaVan Klinken, Gerry (2007),
Page 105 and 106: IranCountry Profile 1Iran is one of
Page 107 and 108: Iranpresident Khatami in 1997. Desp
Page 109 and 110: Iranwere retained only in the new C
Page 111 and 112: IranThe success of the Revolution w
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Iranelected bodies, which came to b
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IranMore importantly, it enables th
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IranThe clerics who took power afte
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Iranwoman who are forbidden (haram)
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IranThe notion of “his own knowle
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Iranconvicted women have already at
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Iranwhich, despite severe repressio
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Iranamended so as to curtail men’
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Irangovernment. Despite the silenci
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Iran- and in a few cases has obtain
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IranMovement, under the joint - but
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IranBibliographyAfary, Janet (2009)
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Iran(2009), ‘Iran’, in Sanja Ke
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NigeriaCountry ProfileThe Federal R
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Nigeriaand international advocacy,
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Nigerianorthern provinces, allows f
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Nigeria‘Settlement’ and Dynamic
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Nigeria“any other question” wit
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Nigeriaset up by Muslims in the abs
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Nigeriaappellate court of “any [s
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Nigeriathat the ruling elite of 11
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Nigeriaby-laws remain in force, zin
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Nigeriaon first instance, and then
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NigeriaUnder the 1999 Constitution
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Nigeriaorganisation fighting for wo
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NigeriaAs a result of these litigat
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NigeriaDominant colonialist discour
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NigeriaBibliographyAbdullah, Hussai
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NigeriaJohnson-Odim, Cheryl and Nin
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NigeriaTerman, Rochelle and Mufulia
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PakistanCountry ProfileThe Islamic
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Pakistanvote in the Bakhsh case - o
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Pakistanpolicies, which effectively
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PakistanIn the closing years of Bri
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Pakistanpredominantly Hanafi classi
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Pakistanbetween an ideological Musl
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PakistanThe 1979 Hudood Ordinances
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Pakistanthe absence of medical evid
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Pakistanacts, ranging from the subj
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Pakistanparliamentary democratic sy
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PakistanSeptember 1981, while worki
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PakistanConclusionThe present chapt
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PakistanSaigol, Rubina (2010), ‘D
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TurkeyCountry ProfileThe Republic o
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TurkeyIn theory, under this system,
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Turkeyauthority in religious knowle
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Turkeywhat ‘women are like’ and
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Turkeynow turns to investigate how
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TurkeyRescript’ - a programme of
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Turkeyplease with ‘their’ women
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Turkeycountry’s approximately 80,
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Turkeyto and the grounds for divorc
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Turkeythe technological advances wh
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TurkeyIn September 2004, the Nation
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Existing Activism for ChangeTurkeyT
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Turkeyfrom the previous ones, as th
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TurkeyThe history of Turkey, includ
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TurkeyHirsch, Ernst (1968), ‘Vier
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TurkeyToprak, Metin and Nasuh Uslu
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Conclusion
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Control and Sexuality: The Revival
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Page 251 and 252:
IndexAAbbasgholizadeh, Mahboubeh 97
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Indexequality 3, 25, 36, 37, 51, 83
Page 255 and 256:
IndexMinistry of Justice (Iran) 87,
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IndexWomen in Nigeria (WIN) 142Wome
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