One of the acts of a wife which may trigger the chastisement discussed in the earlier post on domestic violence is "nushuz" or disobedience. Nushuz covers many acts, including leaving the home without permission or refusing to have sex with the husband. Because of this, acting in a way that many if not most women living in the west (including Muslim women) take for granted, whether it be freedom of movement, freedom to work outside the home, the right to refuse her husband when she is angry or because she is simply not in the mood, is criminalized in the Shariah. While it is true that a wife may place many stipulations in the marriage contract, most women do not and, to quote Kecia Ali, "this approach misses the forest for the trees" because it "fail[s] to address the basic parameters of the marriage contract itself and the assumptions it is based on." More than this, it fails to take into consideration the universal ethical principles that make life in a diverse, multicultural society possible.
It is this lack of principle that I find to be the most objectionable trait of the Muslim community. All the other evils that I have written about or will write about in this blog, gender injustice, racism, irrational prejudice against Jews and homosexuals, etc., are symptoms of this cardinal failing. Muslims are quite quick to condemn the injustices done to them by invoking universal moral norms or by taking shield behind legal structures that embody these norms, such as the Bill of Rights. On the other hand, when criticism is made of certain Islamic practices, they are just as quick to retreat into the particularities of their own religion, eschewing any universal framework for moral thought.
While the theoretical foundation can be quite different and specific application may vary, the universal ethical principles which have guided moral decision making have at least one trait in common: they admonish us to place care for the other and care for ourselves on equal footing. This is true whether we are talking about the Golden Rule (in it's Jewish, Christian, or Confucian forms), the principle of utility, the Categorical Imperative, veil of ignorance underlying Rawls' Theory of Justice, or Schopenhauer's injunction to "harm no one; on the contrary help everyone as much as you can." These rules force use to take a universal perspective in our decision making, to consider other people as beings with the same inherent worth as we ourselves possess. This universality is independent of their usefulness to us, our emotional attachment to them, or their familial, cultural, or religious bonds to us. Unfortunately, Islam's version of the universal rule, "Love for your brother what you love for yourself" is ambiguous. While many Muslims interpret the term "brother" (akh in arabic) in a universal sense, embracing all of humanity, there are a large number of Islamist ideologues who interpret this term in an exclusive way, referring only to the brotherhood of Muslims. Another ambiguity, to return to the topic of this post, is the manner in which this principle is applied in practice.
Islam is the religion of Submission. Muslims seek the pleasure of Allah and a share in his paradise by way of a life-transaction or, in Arabic, deen. This life-transaction requires sincere submission to a number of religious rites, restrictions, and duties. When notions of gender equality are mentioned to Islamic scholars and other ideologues, the most common apologetic tactic is to invoke the notion of this ultimate goal. Yes, we should love for our sisters in Islam what we love for ourselves. In this case, we should want them to go to paradise just as we desire to go to paradise. The way to paradise according to Islam is clear: in the sphere of gender relations it requires obedience to certain norms regarding dress, speech, association with members of the opposite gender, and compliance with certain laws regarding marriage and family life. Islam is not concerned with equality but equity. A good husband is not the one who indulges his wife's desire but one who ensures that she gets to paradise via adherence to the formal code. Indeed, as any member of the Tableeghi Jamaat will tell you, men will be held accountable for the action of "their women." This creates a further incentive, beyond the strictly ethical, to maintain prescribed norms within the Muslim household. The problem with this approach is that it permits virtually any behavior in the name of the benevolent tutelage of the wife and the sanctity of the home.
To what extremes can this attitude lead? Kecia Ali argues that, based on a study of several Sunni legal texts, "The husband's right to derive pleasure from his wife... led the jurists to grant him total control over her mobility." She quotes a striking example from the Hanafi Law Book, Kitab an-Nafaqat, by Al-Khassaf. What measure can the husband take in response to a refusal of sexual relations? "Is it lawful for the husband to have sex with her against her will...? It is lawful because she is a wrongdoer." This is not an isolated opinion, at least not within the Hanafi school which is dominant in South and Central Asia and parts of the Middle East. Marital rape is a serious issue in every community. It does not need a religious sanction or motivation to occur; it is an expression of the desire for absolute power over another. When this illicit desire is fed the fuel of piety and righteousness, when it is combined with the urge to punish a wrongdoer, it is easy for the marital chamber to become a torture chamber.
No comments:
Post a Comment