Women's Rights in Authoritarian Egypt

Negotiating Between Islam and Politics

Hiam Elgousi

• Publisher: I.B. Tauris
• Year: 2016
• Print ISBN: 9781784532451
• eBook ISBN: 9780857729781
• Edition: 1
• Topic: Social Sciences
• Subtopic: Islamic Theology
• Index: Social Sciences

During the uprisings of late 2010 and 2011 which took place across the Middle East and North Africa, women made up an important part of the crowds protesting. Women's rights were central to the demands made. However, despite this, in the ensuing social and political struggles, these rights have not progressed much beyond the situation under previous governments. Hiam El-Gousi's book offers an examination of the status of women under Egypt's various authoritarian regimes. In exploring the role played by religious scholars in helping to define women's status in society, she focuses on personal status laws and health rights. In examining the issue of women's rights El-Gousi begins with an account of feminism in Egypt: the centre of feminist thought in the Middle East at the end of the nineteenth and beginning of the twentieth century. Based on extensive research in the country, especially at grassroots level, El-Gousi goes on to analyse the constitutional and legislative rulings which have affected the lives and rights of Egyptian women. This book will become a vital primary resource for those studying feminism in the wider Middle East and North Africa.

CHAPTER 1

INTRODUCTION TO THE STATUS OF ARAB-MUSLIM WOMEN

This chapter is organized in two sections; each section has different aims. Section one will discuss and highlight the current status of women in Muslim societies, with special focus on Arab women. In section two I attempt to search for answers to one of the serious allegations that haunt Islam today, that it is a religion which calls for discrimination against women and devalues their role. I will set about this through an examination of women's rights acknowledged by Islam, the relationship between the Prophet of Islam Muhammad and his wives, and with Muslim women in general.

The present situation

It is important to start this section by agreeing that whenever we discuss the status of Muslim women in the Muslim world we should avoid using the common and widespread generalizations contained in phrases such as ‘the Muslim world’ or ‘women in the Muslim world’, as this misleading approach results in particularities and elements of diversity being overlooked. Whenever we refer to women living in the Muslim world, the question arises, which women are we referring to? Do we mean women who are living in China, Fiji, North America, Sudan, the Palestinian occupied territories, or in Egypt? (Shaheed 2001).

It is also a false notion to think that ‘women in the Muslim world’ are all alike simply because they are unified by Islam:

The approximately 1.2 billion persons who make up the ‘Muslim world’ are divided by class and social structures, political systems, cultures, ethnic and racial identities, natural, technological and economic resources, and differing histories to mention only the more obvious dividing lines. Women in this world spanning many continents are themselves neither uni-dimensional entities defined exclusively by their sex or by their religious identity, nor are they silent and passive victims. Instead, like women in everywhere, women in Muslim communities are fully fledged actors, bearing the full set of contradictions implied by their class, racial and ethnic locations as well as gender. (Khandiyoti 1994 cited in Shaheed 2001: 34-5)

Arab Muslim women (or Muslim Middle Eastern women) are no exception to this rule, even though they share the same religious values and language. They live in varying political environments, traditions and cultures which influence the social structure, and under the influence of prevailing theological interpretations that rank from radical to non-radical, and which determine the degree to which they are able to enjoy their rights as stated by their religion. The level of vulnerability also differs from one community to another. According to Shirn Shukri:

The Middle East is not a uniform and homogeneous region. Women are themselves stratified by class, education and age. There is no archetypal woman, but rather women interested in quite diverse socioeconomic and cultural arrangements. The fertility behaviour and needs of a poor woman are quite different from those of a professional woman or a wealthy urbanite. (1999: 3)

The impact of such diversity could be observed in the issues of the veil and family law in Egypt and Tunisia prior to the Arab Spring revolutions. These are both regarded as Islamic countries, the majority of the population being Sunni Muslims, and speaking Arabic. Tunisia is regarded as an Arab and Islamic country where the state has taken a progressive lead in terms of family law, and has introduced liberal reforms regarding women's rights, whereas in Egypt the struggle for such progressive laws is still taking place.

With regard to the veil, the Egyptian constitution granted the freedom to practice one's faith within broad terms, including the selection of dress. However in Tunisia, the issue of the veil has been the subject of a heated debate since the state perceived it as a political symbol associated with Islamic militants (Charrad 1998). Having said that, and as a result of the political upheaval in both countries, changes took place in terms of the freedom to practice one's faith and the dress code (Islamic dress). The provision of such rights was stated clearly in the new constitutions. The previous example, however, helps to demonstrate that Arab Muslim women do not constitute a homogenous block (Pardo 2005). This will become more relevant when we highlight those differences to enable us to have a coherent and constructive understanding of the complexity of their varying statuses.

In the following section I will be highlighting three main areas that play influential roles in affecting the well-being and development of Muslim women in general, with the focus on women in the Arab region. Those areas are: health status and access to health services, education status, and the political realm. Before examining health status and access to health services in the Muslim world, it is worth noting the definition of the term ‘health’ provided by the World Health Organization (WHO).

According to WHO (1948: http://www.who.int/about/mission/en/) health is, ‘A state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.’ Aoyama (1999) states also that:

In considering the status of women's [health] in the [Muslim world in general] and Arab world countries, it is important to distinguish between the poor developing countries and the more developed, wealthy Arab countries. Important factors influencing the status of women include education, economy, poverty and religion. In many instances these factors are shown to be interrelated with cultural practices and attitudes (cited in Hwalla 2006: 283).

In light of the WHO definition and the statement by Aoyama, the question is, do women in the Muslim world enjoy a healthy life and have equal access to health services with men, or do they not? Nawal El Saadawi provides a descriptive analytical view regarding the status of women in the Arab and Muslim world:

From the moment she is born and even before she learns to pronounce words, the way people look at her, the expression in their eyes, and their glances somehow indicate that she was born (incomplete) or with something missing. From the day of her birth to the moment of death, a question will continue to haunt her: why? Why that preference is given to her brother, despite the fact that they are the same or that she may even be superior to him in many ways, or at least in some aspects. (El Saadawi 1980: 12)

According to the Arab Human Development Report ‘Towards the Rise of Women in the Arab Worlds’ (United Nations Development Programme 2005),¹ women in Arab countries, especially the least developed countries, endure an unacceptable rate of risk of morbidity and mortality connected with pregnancy and reproductive functions. For example: the maternal mortality rate (MMR) is more than 400 deaths per 100,000 births in poor countries such as Mauritania, Somalia and Yemen; while in the rich countries such as Kuwait the situation is different, the maternal mortality rate being in the range of four deaths per 100,000 (United Nations Development Programme 2009).²

It is also worth noting the problematic consequences of unwanted pregnancies among married women in the Arab world. These lead not only to abortions, which are unsafe, but also to physical and emotional pressures on mothers and their children. Likewise, the sterility problems and miscarriages from which Arab women suffer are ignored, a matter that seriously harms their mental and social wellbeing. Failure to bear children leads some women to resort to dangerous treatments (electric cauterization, dilation and curettage, and inflation of the fallopian tubes) that expose them to serious health hazards. It also contributes to social pressures and high rates of divorce. (United Nations Development Fund for Women (UNIFEM) 2004: 54 (in Arabic) cited in United Nations Development Programme 2005)

The report indicates that in more than 80 per cent of cases trained personnel are present at births in most Arab countries, which indicates an improvement in health coverage. However, the situation is different and remains weak in less developed countries such as Mauritania, Somalia and Yemen. For example, in Yemen only a quarter of births are attended by trained health workers, which in many cases puts the life of the mother and the infant at risk.

Another issue of great concern that demands rapid and serious intervention by both national and international bodies is Acquired Immune Deficiency Syndrome, the AIDS virus. Although the Arab region remains one of those least affected by the virus, according to WHO and UNAIDS³ estimates for 2007, the number of people living with HIV in Arab countries was 435,000, of whom 73.5 per cent were in Sudan. An important observation in this context is that the estimated numbers of those living with HIV/AIDS in the Maghreb (particularly Algeria, Morocco and Tunisia) are far higher than those in the Mashreq (which includes Egypt, Jordan and Syria) (United Nations Development Programme 2009: 160). However, overall Arab women and girls are becoming infected in increasing numbers and now account for half of the total number of people carrying the virus in the region. ‘Women are now at risk of catching the virus and contracting the disease: the probability of infection among females from 15 to 24 years of age is double that of males in the same age group’ (Joint United Nations Programme on HIV/AIDS, in Arabic, 2004 cited in Human Development Report 2005:72).

These figures are not just a worrying indication of the extent of the problem, but also serve to demonstrate the reasons, and highlight the need for a rapid and progressive solution. These are: poor quality of health services; lack of information on methods of protection; high rates of illiteracy; harmful practices such as FGM,⁴ as a result of using unsterilized tools during the operation; lack of body awareness by many girls and women; women's economic dependency on men, which increases their reliance and makes them more exposed to sexual subjugation and physical violence.

This all contributes to the limitation of their chances of protection from AIDS. According to the Joint United Nations Programme on HIV/AIDS (2004: 39-40): ‘Estimates indicate that the vast majority of women in the Arab region infected by the virus contracted it from their husbands’ (cited in United Nations Development Programme 2005: 73).

In some Arab-Muslim countries young females are subjected to the very harmful practice of Female Genital Mutilation: this is known also as Female Circumcision (FC), Female Genital Operation or surgeries (FGOs) and Female Cutting (FC). Female Genital Mutilation (FGM) is a general term used to describe the traditional practice of cutting off either parts or entire organs from the vulva of a girl. The term was adopted by the United Nations Fourth World Conference on Women (Beijing, 1999). The deeply rooted traditional practice involves, in some types of FGM, the cutting of the genital part of young girls and the stitching together of the vulva. There are four different types of FGM, which are:

• Sunnah: refers to the traditional practice as described by a tradition of the Prophet Muhammad which says that light cutting could be practiced, and hence the Muslim community's belief that Islam requires female circumcision. It has to be highlighted, however, that this hadith is believed by many to be inauthentic.
• Excision: classified by the WHO as type II: where there is a partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora (World Health Organization (WHO) 2010).
• Infibulation: classified by the WHO as type III: Narrowing of the vaginal orifice with creation of a covering seal by cutting and appositioning the labia minora and/or the labia majora, with or without excision of the clitoris (ibid). It is also known by the term ‘Pharaonic’, a Sudanese colloquial reference to infibulation which also implies a historical origin, though this is still open to question. This type of FGM is referred to as ‘Sudanese Circumcision’ in Egypt.
• Type IV: classified by the WHO as: all other harmful procedures to the female genitalia for non-medical purposes, for example: pricking, piercing, incising, scraping and cauterization. It is also known as re-infibulation, according to Dr Asma El-Dareer, the Sudanese doctor who carried out the first national research on FGM in 1979, and classified the fourth type as ‘re-circumcision’ or to be more precise ‘re-infibulation’. Known also as ʿadel in colloquial Sudanese, it literally means ‘reconstruction’, or making the opening as tight as in the original circumcision. It is usually carried out on women who have been pharaonically or intermediately circumcised, and rarely in cases where women have undergone the Sunnah type.

FGM is usually carried out by old women from a low economic and social class in the community, not educated in most cases, seeking respect by providing this type of service, which is also a good source of income. Additionally, the operation is mostly done under less than sterile circumstances, with rudimentary instruments such as razors, knives, glass, tin cans, with no anaesthesia and in poor light. There are serious health complications, which occur either immediately after the operation or in the long term. FGM is practiced in 28 countries in Africa, as well as in some cases in Asia and the Middle East. Numbers are also increasing in Europe, America, Canada and Austria among immigrant communities. The estimated number of girls and women who have undergone the operation is between 100 and 140 million. Additionally, each year about 2 million girls are at risk of undergoing FGM. Justifications for practicing FGM can be classified under cultural, religious and health headings.

While the rationale for practicing FGM is to control women's sexuality in the name of protecting the honour of society (Elgousi 1999), the phenomena of early and forced marriages are common social norms and traditional practices which are still haunting the lives of young girls in some parts of the Muslim world. In such cases the age range of the girl will be between 14 and 15. This practice has multiple serious impacts on the reproductive health of women and girls. The majority of the girls are hardly aware of the sexual life they are entering at the time of marriage. Their vulnerabilities expose them to an initial trauma through which they pass immediately after marriage, and which is often instrumental in developing a negative attitude towards sexuality.

An example of this is Bangladesh, where in 37 per cent of registered marriages the brides were underage, and 82 per cent involved a dowry payment, both of which are illegal. Moreover, marriage entails social isolation for the young bride, since after dropping out from school, her post-marital residence is usually patrilineal, and restrictions on her mobility set strong limits on the social networks that are available to her in her husband's home (MOWCA⁵ 2002, cited in SEARO⁶ World Health Organization Regional Office for...

Table of contents

• Front Cover
• Title Page
• Copyright
• Dedication
• Contents
• List of Illustrations
• List of Abbreviations
• Preface
• Acknowledgements
• 1. Introduction to the Status of Arab-Muslim Women
• 2. The Ulama, al-Azhar and the State in Contemporary Egypt
• 3. The Egyptian Feminist Movement: Past and Present
• 4. The Egyptian Constitution and its Influence on Women’s Rights
• 5. Fieldwork and Data Presentation
• 6. Discussion of Findings
• Appendix I: Egyptian Constitution
• Appendix II: Map of Egypt
• Appendix III: Qena Governorate Map
• Appendix IV: Cairo Governorate Map
• Notes
• Bibliography