Section 2. A framework for comparative analysis

To establish a framework for comparative analysis of the relationship between domestic violence and shari'a in Muslim societies, three factors must be taken into consideration. One is the marked variation in the uses and interpretations of shari'a, which evince a lack of consensus among Muslims and should deter generalizing about Islam.

A second factor is the relationship between religious law and state power. For comparative purposes, this relationship can be divided into three general categories (elaborated in greater detail below): in some countries, the state ‘communalizes’ religion by according its authorities and institutions semi-autonomy from the national legal regime, the latter under the direct control of the state; in other countries, the state ‘nationalizes’ religious law by utilizing and incorporating its principles into the national legal regime; and in a few countries, the state ‘theo- cratizes’ religion by basing its own authority on religious law and functioning as its enforcer.

A third factor to consider in assessing the relationship between domestic violence and shari'a is the influence of trans-national discourses and movements. Two in particular are worth noting because of their relevance to the subject of this study: Islamization and human rights. Since the 1970s, Islamist movements have mobilized in many countries across the Middle East, Africa and Asia to demand a (re)turn to Islam through the establishment of a system of government that adheres to and enforces shari'a (Beinin and Stork 1997). In some countries, Islamists represent an opposition movement, in others they represent an influential con­stituency, and in a few they have assumed control of the state. However, regardless of the relationship between Islamist movements and regimes, there is a generally shared commitment to the preservation of patriarchal family relations.

Since the 1970s, there has also been a mobilization of movements to promote international human rights. Human rights organizations have been established in most countries, leading to greater awareness of the discourse and principles of international law, and, consequently, more visibility and critique of violations. The kinds of activities that comprise this trend include monitoring and reporting on rights violations, networking with activists from other countries and regions, and advocating that governments adopt, adhere to and enforce international legal standards locally.¹¹

The issues of women’s rights within the family and the role of shari'a have been central concerns to both of these movements, albeit in often contradictory and even adversarial ways. The critical question is whether Islam and human rights offer compatible worldviews, and, if not, which should prevail. This is not an abstract philosophical matter; it is a deeply charged political concern that informs the strategies that local actors pursue to institute their visions and goals, whether their priority is to promote women’s rights in accordance with international law, to promote an ‘authentically Islamic’ social order (however that is interpreted), or to reconcile religious laws and beliefs with women’s rights (Afkhami and Vazeri 1996)∙