Reading the Quran in Kuala LumpurPosted by Madhavi Sunder
http://uchicagolaw.typepad.com/faculty/2009/02/reading-the-quran-in-kuala-lumpur.html

Reading the Quran in Kuala Lumpur may ultimately prove much more
revolutionary than reading *Lolita* in Tehran.

Two decades ago, a small group of women of letters in Kuala
Lumpur—journalists, lawyers, academics—grew frustrated by the rise of
political Islam here and their inability to challenge it. Regressive laws
began curtailing the rights of Malaysian women, and yet women were told they
could not question the laws because they were "Islamic," and thus
indisputable.

Undeterred, the women decided to read the Quran for themselves.
Fortuitously, the African American theologian Dr. Amina Wadud had just
arrived to take up her first teaching job at the International Islamic
University in Kuala Lumpur. Wadud was fresh from completing her dissertation
on a feminist interpretation of the Quran. The women began meeting weekly,
with Wadud leading the Quranic study group.

Within two years, the "book club" grew into "Sisters in Islam." Resembling
modern-day Tom Paines, Sisters published a polemical pamphlet provocatively
titled, "Are Muslim Men Allowed to Beat Their Wives?" Invoking reasoned
arguments over Quranic verses and interpretations, they challenged Muslim
male leaders' claims that the newly proposed domestic violence law should
not apply to Muslims. (The subsequent Malaysian Domestic Violence Act of
1994 applies to all Malaysians).

Today many continue to ask: What do the Quran and Islamic Sharia law say
about women? Last week I came to Kuala Lumpur to see the launch of a global
movement to reinterpret Islam from within. More than 250 Muslim feminists
from 47 countries are here for a five-day conference organized by Sisters in
Islam. Like Sisters in Islam, the women gathered here, including
journalists, scholars, and grassroots community organizers, are using
Islamic feminist reformist arguments to counter discriminatory laws and
practices back home. The women, from Afghanistan, Gambia, Indonesia, Iran,
Morocco, Nigeria, Pakistan, and even Saudi Arabia, to name just a few of the
countries represented here, have come to learn and share the best arguments
to use as ammunition against religious mullahs or conservatives who argue
for the status quo. The *New York Times* covered the
meeting<http://www.nytimes.com/2009/02/16/world/asia/16women.html>in
today's paper.

The women claim their right to read and interpret Islam for themselves. As
the founding director of Sisters in Islam and the organizer of the meeting,
Zainah Anwar, declared at the opening of the conference, "we are all experts
here" with the authority "to think, to feel, to question what it means to be
Muslim in the 21st century."

A particularly moving moment came when Dr. Isatou Touray, a reformer from
Gambia who was circumsized at the age of 11 without ever asking questions,
shared her shock upon first reading the Quran herself as an adult and
discovering that "there is no mention in the Quran of" any such requirement.


The revelation led Touray to found the Gambia Committee on Traditional
Practices Affecting the Health of Women and Children (GAMCOTRAP). She says
that some 75% of girls in Gambia, between birth and age 12, are subjected to
female genital mutilation (FGM) in the name of Islam. But reformers'
protests are beginning to penetrate, she says. When they raise the fact that
the Quran is silent on this practice, religious leaders have no reply and in
fact have stopped making religious arguments for the practice, she says.
That opening makes it easier to counter FGM with arguments about girls' and
women's health and sexual freedom. In 2007 several communities in Gambia
publicly condemned FGM.

The meeting in Kuala Lumpur formally launches a "global movement" called
Musawah—"equality" in Arabic—to reform Muslim family law, in particular. The
recent successful reform effort in Morocco stands as the guiding example. In
2004 Moroccan feminists working with a broad civil society coalition
succeeded in upending a decades old discriminatory and oppressive Muslim
family law. The old law enshrined husbands' authority over their wives and
unequal rights to divorce.

The Moroccan activists pioneered a holistic approach to law reform,
contesting the old measures on four levels: as violating Islamic principles,
national Constitutional law, international human rights law, and as
conflicting with the lived realities of Moroccan women in the 21st century.
The new family law, which is still expressly "Muslim," now recognizes
husbands and wives as equals, sets an equal minimum marriage age for women
and men, and provides equal rights to divorce.

The movement launched this weekend in Kuala Lumpur seeks to harness the
holistic strategy for change successfully employed in Morocco for use by
reformers throughout the Muslim world. Women thus make rights arguments
simultaneously as Muslims, national citizens, citizens of the world, and as
women with particular lived experiences that must be acknowledged by law.

This strategy of reform *within* Islam remains controversial, especially
among many avowedly "secular" feminists, many of whom are here at the
conference. At the same time, as I argue in a draft book supported by a
Carnegie Corporation, "cultural dissent" is a critical strategy for bringing
about cultural and legal change. The reformers expose pluralism and dissent
within Islam to demystify the experts (putting debating mullahs on Muslim
satellite t.v.), network and share successful arguments and strategies
(especially religious arguments) at meetings like this one, and declare
women's right to participate democratically in remaking cultural and
religious meaning themselves. I published a *Yale Law Journal
article<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=280597>
* called "Piercing the Veil" on similar efforts to negotiate the impasse
between religion and women's human rights in international law.

Yakin Ertürk, the U.N. Special Rapporteur on Violence Against Women,
delivered a Keynote Address here in which she similarly recognized the need
for women to deconstruct culture and religion in order to fight violence
against them. "Violence is not only about protection and prosecution, it is
about prevention," Ertürk said. Women must "constantly engage with our
cultural and religious daily lives to demystify" them, "creating a public
discourse where we really unpack some of the taken for granted discourses
that come back as oppressive practices on women." You can read Ertürk's
influential report exploring the links between culture and violence against
women here <http://www.crin.org/docs/SRVAW_07.pdf>.

Anwar, the intellectual force behind Musawah, will be coming to the Law
School later this spring for a conference on "Democracy and Gender Equality
in the Muslim World" jointly organized by Martha Nussbaum and me on May 8-9,
2009. Other women intellectuals and activists present here in Kuala Lumpur
this weekend, including Ziba Mir-Hosseini and Mahnaz Afkhami, will also be
coming to the May conference at the Law School.

Islamic fundamentalism is a global phenomenon. So, too, is this movement to
counter the hegemonic discourse on what it means to be Muslim. This
movement, too, has grand ambitions. "Can we dare hope that within the next
10 years," Anwar asks,  "that 25 more Muslim countries in the world will
join Morocco in recognizing marriage as a partnership of equals, where we
will have the equal right to marry, to divorce, and to the custody of our
children?"

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