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Womens Rights In the Middle East

Introduction
The vast construction of misconceptions of the Islamic religion can be found in a variety
of subdivisions existing within the religion, whether that is the concept of jihad, tolerance, or
womens rights. The goal of this paper is to deconstruct the misconceptions associated with
womens equality in the Middle East and the rights women have in Islam. In an effort to achieve
this, conducted research aims to expose what may attribute to such presumed inequalities and
oppression in Islamic countries. Once these attributing influences have been identified it will
then be reinforced through examples that negate the blame that is often placed on Islam. Only
then can there be proposed solutions of reform in an effort to achieve progressive womens rights
and equality in a predominantly Muslim country.
In addition, this paper aims to answer the following question: How might the rights of
women in the Middle East be improved upon? The subsequent effects of answering this question
through presenting potential solutions will not only promote the progression of womens rights
and achievement of equality in the Middle East, but it will help remove common misconceptions
of Islam. At the base of Islam women are equal to men, and they are given equal rights.
However, given the laws of governing known as Sharia that has been inaccurately adopted by
most Middle Eastern countries, their religiously conservative views, and oppressive nature,
Middle Eastern women are continually oppressed and restricted from achieving full enforcement
of equal rights. It is in fact not Islam that is to attribute to these oppressive natures, but common
misperception, the inability to separate historical tradition and culture from Islam, and patriarchal

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interpretations that have resulted in the oppression and inequalities of women for centuries.
The applied methodology used to obtain an answer to the aforementioned research
question consists of drawing a nuance between the incorrect interpretation of the Quran and the
acquiring of un-Islamic traditions of empires during the adoption of Islamic values, which in
theory gave way to the oppression of women in both the public and private spheres. These
concepts are presented through examples of the Quran, historical accounts of the Abbasid
Empire, and documents that present various means of interpreting the Quran and its themes.
Furthermore, surveys of two countries, Saudi Arabia and Tunisia, are used to supplement the
previously mentioned theory that it is in fact due to political abuse of the religion and negative
societal stigmas that have facilitated the oppression of women and the lack of access they have to
their rights.

Background
History of the Sunnah, Shariah, and the State
Sunnah is a collection of accounts of how the prophet Mohamed lived his life in
accordance to the mandates and teachings of the Quran, also known as the word of Allah, with
regard to how one should pray, preform hajj, construct a marriage contract, and preform the act
of ablution. The examples of how the prophet addressed these concerns in Islam is how Muslims
should strive to model their lives after as well. The sunnahs content is derived from the Quran,
as well as the practices of the prophet Mohamed; together they were gathered to produce a
collective work known as Sunnah. In Kerstens essay she states that the Sunnah was not only
intended to counter the incursions of western philosophies and ideologies, (Kersten 90) but it
was a means of providing a check system in the effort to challenge the system of traditionalist

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Islamic learning, (90) this is because it has increasingly, in present times, come to be that many
Muslims chose to blindly follow what has been accepted as tradition which is not aligned with
the word of Allah. Barazangi attributes a majority of this theory of blind following to children
being born to Muslim families for which they just pick up the religion without ever questioning
it. (2004)
Shariah is an Arabic word, when translated it holds the meaning of definition of
practice [It] refers to classical Muslim law[furthermore it] determines how certain aspects
of everyday life are to be practiced according to the model provided by the canon (Believing
women 70). Barlas explains that it is through the understanding of the Sunnah that the Quran is
interpreted by a fiqh (religious scholar), which then gives way to Shariah law. This law is seen
as the law of behavior for Muslims, and the minimum requirement for an Islamic government to
adhere (Otto 2010). Present day Sharia law is applied selectively by countries in the Middle East,
others apply it entirely. Islamic countries in the Middle East have followed Sharia Law since the
century of the formation of Islam; however, arguably it has been followed and maintained
inaccurately. This form of law has been controversial in regards to the lack of progressive
womens rights. Depending on the country, women currently lack rights in varying degrees in the
following social, economic, and political categories: career/pay, child, education, health,
marriage/divorce, and political participation.
The State: Through interpretation of the Quran and Sunnah distinct laws are formed.
However, a countrys means of law enforcement is able to take the law into their own hands as
they see fit. It is even the case that due process is contingent on the states bias and political
interest.

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Abbasid & Sharia Law

Under the Abbasids Sharia Law was further developed (Esposito 1988, 58) and
recognized as the law of behavior inclusive of: Family relations: marriage, divorce, child
custody, crime and punishment, inheritance and disposal of property, regulation of local
economy, & external and other relations. Tribal laws were adapted to conform to Sharia.
Esposito expresses that the Islamic civilization that the Abbasids came to construct was due to
them borrowing from other cultures, essentially the new ideas and practices were Arabized and
Islamized. (1988, 60) This promotes hybrity which no longer allows for the maintenance of
pure Islamic traditions or history. As the Abbasid Empire was prospering there was a religious
struggle between the desire to maintain and preserve Islam, and the caliphals desire to continue
adopting new ideas and practices that also included the adoption of un-Islamic practices.

Saudi Arabia & Sharia Law

The Kingdom of Saudi Arabia is a sovereign Arab Islamic state with Islam as its religion;
Gods Book and the Sunnah of His Prophet, Gods prayers and peace be upon him, are its
constitution, Arabic is its language and Riyadh is its capital. (Otto 156) The Quran and the
Sunnah have the highest authority and all legislation is subordinate to them, including the Basic
Ordinance itself (Art. 7). In present day, Sharia law is administered and helps to supplement the
system of appeals. (Coulson 1964,163)

Womens Rights in the Middle East: Saudi Arabia

There is a vast inequality that exists in Saudi Arabia between the female and male
genders. Eleanor Doumato measured these inequalities in a survey she conducted (2010). The

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categories she assessed pertaining to the inequalities that exist for women in Saudi Arabia
include the following: nondiscrimination and access to justice, autonomy security and freedom
of the person, economic rights and equal opportunity, political rights and civic voice, and social
and cultural rights. First, nondiscrimination and access to justice is explained as the access to
justice for both men and women, however this research was conducted in the prior conception
that there are particularly discriminatory effects on women. Although, it must be
acknowledged that throughout Doumatos (2010) research she recognizes certain improvements,
or the potential for improvements. The inequalities include: The discrimination of women does
not only affect women of Saudi Arabia, but is inclusive of foreign women that enter the country.
Women are faced with a wide variety of discrimination including the following: They are barred
from voting, driving, and travelling without permission of their male guardian. Saudi women are
severely limited in their ability to exercise their legal capacity in matters pertaining to marriage,
divorce, child custody, and property control.

Womens Rights in the Middle East: Tunisia

Tunisia has been found to be one of the most progressive states in the Middle East in
regards to the advancement of womens rights, but by no means does it compare to that of the
west. Prior to achieving its independence from France women held no role in the public sphere;
most women wore the veil and minimal amount of education was accessible to women, and any
economic activity was limited to the household. The perception was that this was attributed to
Tunisias Islamic identity. In the efforts of achieving independence as a country, women banned
together in joint effort to voice their concerns and demand greater equality between men and
women. Many organizations now exist in Tunisia supporting the effort of achieving more rights,

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and reducing any remaining gender based inequalities. Fortunately, women in Tunisia did not
face any laws against the formation of human rights organizations. Despite great measures of
progress they are still met with the objections that are expressed by conservative Muslims.

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Works Cited
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Wadud, Amina. 1999. Quran and Women: Rereading the sacred text from a womans perspective.
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