Conclusion

Muslim women activists see the inequality and repression they experience as a result of how Islam has been used by the rulers and religious elites, rather than something caused directly by the Islamic texts, the Qur’an and Hadith, themselves.

Through this framework, Muslim women activists do not see Islam as a stumbling block for women, but rather as a basis for women to assert equality with men and to be treated fairly. Women and male reformists in Muslim societies mobilize and refer to ‘Islamic feminism’ as they see it as the most realistic approach to fight against conservative religious authority, restrictive social attitudes and global pressures. As shown in this chapter, feminist Muslims who are part of women’s movements use a range of different strategies, including collaborating with male religious authority, in their attempts to reform legal Islamic doctrines and social norms. They also incorporate their understanding of Islamic texts within a wider discourse on human rights and democracy. This chapter also showed that the emergence of Islamic feminism in Muslim societies is a response to three interrelated sets of domestic, national and global pressures.

The chapter provides a comparative analysis on the experience of women mobilizing into NGOs and creates movements in Muslim countries to challenge the move towards pushing back women from public life. The next chapter discusses the history behind the application of Islamic law in Aceh and that it is the result of both local and national politics in Indonesia. It discusses how Acehnese society in general has responded to it and debated about it. This will demonstrate that the application of legal Islamization has not gone uncriticized within Acehnese society.

Notes

1 It was reported that ten out of 13 women were found guilty and received ten lashes and paid a fine of 250 Sudanese pounds. Ms Hussein worked for the UN, which gives her impunity in Sudan, however she chose to challenge Islamic law in Sudan by appealing to the sharia court. See Copnall (2009) and BBC (2009).

2 The Malaysian National News Agency, Bernama (1 April 2010) reported that Kartika Sari Dewi Shukarnor was finally ordered by the Sultan of Pahang to do three weeks’ community service at a welfare home in Kuantan, instead of undergoing the caning punishment.

3 See Chapter 2 for a discussion on the implementation of Islamic law and how it has negatively affected women. Acehnese women have been caned for being in violation of Qanun 14/2003 on Khalwat or illicit sexual relations outside marriage, and Qanun No. 13/2003 on Maisir or gambling. There has been no exact record of how many women have been caned. The first caning for women was on August 2005 in Biereuen district. Sumardoni (2009) noted that in 2005 four women were caned and, in 2006, three more were caned for violating Islamic law.

4 The Tangerang district enacted a Regional Regulations or PERDA No. 8/2005 on banning prostitution. However, the definition of prostitution was broad, and it includes all women’s activities at night. For more detail on the effect of recent Islamization and the enactment of a series of PERDA in Indonesia see Bush (2008), Chandraningrum (2006) and Crouch (2009).

5 Ahmed (1992, 116) wrote that the word awra is ‘one of those words with complicated layered meanings and range of possible referents’. According to her its meaning includes ‘blind in one eye’; ‘blemished defective’; ‘the genital area’; ‘generally parts of the body that are shameful and must be concealed’; ‘women’s bodies’; and ‘women’s voices’. Lorius (1996, 518) defines awra as ‘shame’, meaning men and women have to guard their private parts. In the dictionary of Indonesian Islam, Federspiel (1995, 25) defines aurat or awra as ‘the body part of the human body that is to be covered when a person is outside the confines of the family’.

6 In her article ‘Do Muslim Women Really Need Saving?’, Abu-Lughod (2002) criticized former First Lady Laura Bush for using women with burqa as a starting point to justify the US military campaign in Afghanistan. The US military attack against the Taliban, Bush said, would ‘liberate Afghan women’.

7 The women’s mosque movement in Egypt, according to Mahmood (2001, 202), is part of the larger Islamic revival. Women of different socio-economic backgrounds learn Islamic scriptures and social practices in the mosque. The mosque movement, according to Mahmood, represents an unprecedented engagement of women with scholarly materials and theological reasoning that ‘had been the purview of learned men’.

8 Muzzafar (2006, 214), for example, observes that ‘the holy Qur’an abounds with reference to justice, emphasising a whole variety of human situations that include interpersonal relationships, relations within the family; the community, and in the interaction between communities and nations and between the human being and nature’.

9 The reference that the Qur’an indeed promotes gender equality is made in Surah Al-Hujurat (49:13), which says, ‘Oh humankind. We have created you from a single pair of a male and female and made you into tribes and nations that you may know each other. The most honoured of you in the sight of God is the most righteous of you’ (cited in Badran 2002, 5).

10 Badran (2002, 5) noted that in doing this women activists use feminist hermeneutics, which follow three approaches: first, attempts to revisit the text of the Qur’an to correct ‘false stories’ in common circulation, such as accounts of creation and of events in the Garden of Eden, that have shored up claims of male superiority; second, citing ayat or Qur’anic verse that unequivocally articulate the equality of women and men; and third, deconstructing ayat (Qur’anic verse) attentive to male and female difference that have been commonly interpreted in ways that justify male domination.

11 Moghissi (1999, 69) noted that ‘Islamic Law is more patriarchal than the Qur’an’ so that a reinterpretation will reshape Islamic law. See also Ahmed (1999) on this issue.

12 For further discussion on issues that have been contested between conservative and moderate Muslims, see for example Haddadb and Esposito (1998).

13 The initiative for the need to reread Islamic texts is driven by women’s conviction that as believers of Islam, God demands his followers, regardless of their gender, to pursue knowledge to become learned followers of Islam, so that they would be able to read these texts by themselves (Afshar 2008, 123; Anwar 2001, 228). Similarly, Mir-Hosseini (2003, 26) argued that since Fiqh knowledge is still under the monopoly of male scholars, women must take part in the production of knowledge and begin to engage in the process.

14 See also Moghadam (2002, 1142) who discusses in detail the discontent of some Iranian women to Islamic feminism. According to her, those who oppose Islamic feminism argue that as long as Islamic Republic is still in place, Islamic feminism will only delegitimize secular trends and ‘reinforce and legitimise the Islamic state’s gender policy’.

15 Indonesia ratified CEDAW on 13 September 1984. The ratification of this international convention marked the beginning of the state’s attempt to introduce women’s rights and promote women’s equality (Katjasungkana and Wierenga 2003, 66).

16 Malaysia is a constitutional democratic country and has Islam as its official religion. Almost 60 per cent of the Malaysian population profess Islam as their religion. Martinez (2006, 247), however, observes that there has been a growing political discourse among Malaysian conservative Muslims, in particular the All-Malaysia Islamic Party (PAS), to change the constitution and turn Malaysia to become an Islamic state. According to her, the discourse gained its momentum after Prime Minister Mahathir Muhammad declared Malaysia to already be an Islamic state, on 29 September 2001.

17 Morfit (1981, 840) argued that the Indonesian state is not secular in the Western sense due to the fact that the first principle of the state’s ideology, ‘Pancasila’, states ‘a belief in one supreme being’. However, Morfit noted that the notion of ‘supreme being’ encompasses all the official religions recognized by the state: Islam, Christianity (Catholic and Protestant), Hinduism, Buddhism and Confucianism.

18 For more accounts on the dynamic role of Islam in Indonesia, see Effendy (2003), Baswedan (2004) and Hefner (1993).

19 Jayawardena (1986) discussed that in the nineteenth and twentieth centuries, feminism and nationalism were linked during the independence movements. According to her, this is because women and men shared resistance to foreign domination and imperialism.

20 Kartini’s day of birth is celebrated on 21 April every year. Kartini (1879–1904) was eventually forced into polygamous marriage and died after childbirth at the age of 25. Kartini herself was born into a polygamous family, and her mother was the unofficial wife of her husband (Cote 2008, 5). A collection of Kartini’s letters can be read in Monash Papers on Southeast Asia (2005); see also Tiwon (1996). Kartini’s calls for women’s liberation were expressed through her letters to her Dutch friends in the Netherlands from 1899 to 1904 (Cote 2008, 4). As a daughter of an aristocrat Javanese, Kartini’s awareness of equality was developed as a result of her exposure to Dutch feminist literature that was provided to her by the wife of the local Dutch official (Cote 2008, 5).

21 See also Blackburn (2004, 19), Soewondo (1977, 285) and Suryochondro (2000, 232).

22 For more on the development of polygamy in Indonesia, see Brenner (2007), Blackburn (1999, 2004), and Nurmila (2007).

23 In terms of divorce and polygamy, Law 1/1974 requires the husband to go to the religious court if he wants a divorce. A man is also required to get the permission from a court if he wants to take more than one wife (Katz and Katz 1978, 310–311).

24 For further discussion on the political situation prior to the passing of the Marriage Law 1/1974, see Hefner (1997, 87) in which he describes the debate among Muslims who support and oppose the law. Hefner argues that the enactment of the new law can be seen as a strategic concession to Muslim communities by the Indonesian government. In addition, Blackburn (2004, 114) explains that those who opposed the law argued that the state must leave matters of polygamy and marriage to the religious or adat officials, while others demand state intervention. See also Butt (1999) and Cammack (1989).

25 Saptari and Utrecht (1997, 322) observe how the Indonesian government controlled NGOs activities by enacting a series of regulations. In 1985, the government enacted the Law on Social Organization and in 1990 a ministerial instruction was issued. Both were aimed at controlling and limiting the activities of NGOs by requiring all NGOs to adopt Pancasila as their sole ideological basis.

26 For a more detail account of Dharma Wanita, see Suryakusuma (1996).

27 For more on PKK see for example Marcoes-Natsir (2002).

28 Suara Ibu Peduli (SIP, The Voice of Concerned Mothers) was a women’s NGO that played a leading role during the ‘reformasi’ crisis. It went to the streets before any other civil society organization to voice its concern over the increasing difficult economic situation during the 1997 monetary crisis. Budianta (2002, 36) observes that SIP was the first to initiate street demonstrations to draw public attention to the worsening economy and its impact on women and children.

29 Syafiq Hasyim, a male Muslim feminist, made this comment in an online discussion organized by the Solution Exchange in Banda Aceh. This programme is run by UNFPA as part of its programme to promote women’s rights in Islam.

30 P3M was established in 1983 and has been very active in promoting community development programmes through its pesantren networks.

31 Nahdlatul Ulama is a traditional mass-based Muslim organization, established in 1926. NU is claimed to be the largest Muslim mass-based organization in Indonesia with over 40 million followers. For more detail on NU see Bush (2009) and Nakamura (1981).

32 Bruinessen (1990, 236) observes that Ibn Umar al-Nawawi al-Jawi was an Indonesian Muslim from Banten. He wrote 22 titles on every aspect of Islamic learning, and his works are mostly commentaries on well-known texts.

33 Kyai Husein is currently one of the more prominent Muslim figures who actively campaigns for issues of justice and women’s equality. He serves as the Commissioner on the Indonesian National Commission on Women (KOMNAS Perempuan) and is Deputy Director of Fahmina, an Islamic NGO in Cirebon, West Java.

34 Federspiel (1995, 133) wrote that Kitab Kuning are the work of Muslim writers from the middle period. The works cover the subject of jurisprudence (Fiqh), nature of God (Tauhid), traditions of the prophet (Hadith), mystical practice (tasawuf) and the Arab language. The Kitab Kuning are studied by students at Pesantren and have become standard sources for pesantren graduates. Bruinessen (1990b, 227) noted that these texts are called ‘kuning’ or yellow, because of the tinted paper of books brought from the Middle East in the early twentieth century.

35 See also Kandiyoti (1995, 19–21).

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