One Step Forward, Two Steps Back: Women’s Rights in Kuwait

It’s been a busy month for the constitutional court in the tiny Gulf Arab nation of Kuwait. Earlier this week, Kuwait’s highest court ruled that women now have the right to obtain a passport without the consent of their husbands and guardians. The ruling abrogated an article of a 1962 law that required women to gain their husband’s signature on any passport application.

The court, following complaints from thousands of women who have petitioned to change the law, finally ruled that the article violated a number of constitutional provisions that guarantee personal freedom and gender equality.

The Kuwait Times, billed as the first daily in the Gulf, hailed the decision as “historic” and “landmark” in its piece on the ruling, and cited an interview with a Kuwaiti man who noted that the ruling was long overdue.

“The court should have ruled on this issue a long time ago as women have already obtained the right to vote and run for office in parliament,” Khalid Ahmed, a 32-year-old Kuwaiti told the Kuwait Times.

But, even as some Kuwaitis were lauding the new advances, others were criticizing a “controversial” decision by one of Kuwait’s four female members of parliament to fight another constitutional law.

Rola Dashti, who was elected to parliament in May, submitted a proposal to the court last week to remove a 2005 electoral law requirement that women must comply with Islamic Shariah law. The law doesn’t specify what that entails or which women it applies to.

Rola Dashti. Image via womenwithoutborders.org.

Rola Dashti. Image via womenwithoutborders.org.

Last week, the government’s Fatwa Department complicated the matter when it ruled that under Shariah law, Muslim women are required to wear hijab. Conservative lawmakers say that fatwa must apply to parliament’s four female members (two of whom wear hijab, two of whom two do not), the U.A.E. newspaper The National reports. But Dashti has dismissed the fatwa as non-binding and has said that including Shariah regulations in the electoral law is a breach of the constitution.

“The regulations clearly violate articles in the constitution which call for gender equality and make no reference to Sharia regulations,” she told the AFP news agency.

The timing of the two constitutional court cases couldn’t be more ironic and could indicate a significant shift in the cultural underpinnings of Kuwaiti society. Within the same month, Kuwaitis on seemingly polar opposite ends of the ideological spectrum are attempting to make their voices heard, for what they believe to be the good of the nation. It’s a delicate dance between those who are fighting to allow women more rights and those who would prefer she stay within the status quo.

But also of note are the mostly positive reactions to change in the country from major media outlets in the Gulf and the wider Middle East. A Voice of America news report quotes Hala Mustafa, of Egypt’s Al-Ahram newspaper, as saying the passport ruling is a “positive” sign of progress.

Meanwhile, an editorial in the Kuwait Times warns that the parliamentary hijab situation could spell “a recipe for disaster” for the country. The Times’ Badrya Darwish, heavy on the sarcasm, asks:

“How come the issue of hijab and niqab and the dress code among women is a major issue in the Arab world today? As I already wrote earlier this week, Egypt has a dispute over hijab or niqab. It looks like everything is peaceful in the Middle East. Business is booming. Economy is flourishing. Democracy prevails everywhere. There is stability and security at its best.”

The court is due to rule on the hijab issue next week, but in the meantime, one can’t help but wonder if Kuwait is in the midst of a paradigm shift in popular opinion of women’s rights.

Another New MMW Contributor

Salam MMW readers!

My name is Malika and I’m an American journalist who recently moved to the Gulf (Persian to some, Arabian to others). It’s an incredibly interesting time to be living in a region that’s still trying to determine what kind of place it wants to be. In the meantime, there are lots of fascinating critiques to be made on the representation of women in pop culture and in the media here as the region vacillates between Western tendencies and Eastern traditions, and I look forward to delving into them.

Authority, the Media, and Muslim Women

I have begun to read Khaled Abou El-Fadl’s Speaking in God’s Name: Islamic Law, Authority and Women again. My first attempt was about two years ago while I was still finishing my Bachelor’s. The book is not easy to get through and the first time out proved to be a massive failure. This time is proving to be better, since I have more time to read it (although it is still proving to be difficult yet enjoyable to read). As we can tell from the title, a huge part of the book is dedicated to authority, as in who has authority to speak for what Islamic law says about a variety of issues, women included. A good portion of the book also deals with sources of authority and the types of authority that exist when it comes to Islamic law.

Reading Fatemeh’s post on Asra Nomani’s documentary that aired on PBS Monday evening as well Alicia’s post on the Sisters in Islam opposition and the struggles of Islamic feminists in Malaysia made me think once more authority in Islam. I believe that rethinking and challenging authority is at the heart of the recent wave of Islamic feminism that we have seen around the world. Muslim women the world over are challenging forms of authority that have often had a male face and used a patriarchal reading of Islamic texts (Qur’an and hadith literature) to justify gender oppression.  They also using traditional forms of authority, such as Islamic texts, to overcome gender oppression, bring about gender equality and create a feminism that has Islam as its heartbeat.

One of the most important tools in discussing, rethinking and challenging authority as it relates to Muslim women is the media (in this post, media will refer to the mainstream media as well as various forms of non-traditional media). As much as I have been critical of the mainstream media’s coverage of Muslim women in general, I cannot deny that it has allowed traditional authorities in the Muslim community (‘ulamah, imams, mosque boards composed mostly or entirely by men, etc.) to be challenged on their interpretation of women’s rights. The ummah has been forced to grapple with issues ranging from masjid accommodations for women and mixed gender salat to domestic violence and the texts traditionally used to justify it because the mainstream media has covered these issues.

When the media covers an event like Amina Wadud leading a mixed gender prayer, it does have the effect of making Muslims discuss women’s place in mosques. I remember when that event occurred and hearing so many Muslims say things like “Even if I don’t think women should lead salat, I wonder what the conditions are in masjids that would make her do that?” or “I don’t think women should lead salat but the accommodations for women in masajid leave a lot to be desired.”

Additionally, it did make a lot of scholars look at the place of women in masjids. While most may not have taken the position that women can lead the prayer, it did make a lot of them reaffirm women’s right to even be in a masjid and women’s to have equal access to masjids, something that was and still is sorely lacking in masjids around the world, the U.S. included. Watching Asra Nomani’s documentary on Monday evening, I admit that I was thoroughly disgusted with her tactics and confrontational style, but I also had to admit that in some way, her constant use of the media for her cause (which was vague, I admit) did make Muslims in her community think about their leadership and the role of women in the masjid in Morgantown.

This is just one example of the use of the mainstream media in challenging and reshaping authority. Non-traditional media has allowed Muslims to challenge authoritative views of women in Islam. From websites dedicated to moderate and progressive views to blogs like MMW, non-traditional media has provided a platform for Muslims to discuss traditionally authoritative views about Muslim women and to challenge them. Non-traditional media has made it easier for Muslims to discuss what Islamic texts say about women, whether we even want to accept certain texts that have traditionally been held as authoritative and more importantly, who has the authority to interpret those texts and who should have the authority to interpret those texts. We can now discuss issues like hadith literature typically used to oppress women, question them and even reject them on a much more massive scale. Non-traditional media has, for better or for worse, made it much easier for lay Muslim to challenge and even reject authority

The media will continue to play a vital role in the fight for Muslim women’s rights. One of the most important ways the media will achieve this is by encouraging Muslims to look at Islamic texts as well as those who interpret them. It will make those who interpret the texts and who do hold authority more beholden to lay Muslims; that is a good thing.