Domestic Violence and the Islamic Tradition

268 Pages·2014·3.386 MB·English

by  Ayesha S. Chaudhry

O XFORD ISLAMIC LEGAL STUDIES
S eries Editors:
A nver M. E mon, C lark L ombardi, and L ynn W elchman
D OMESTIC VIOLENCE AND THE ISLAMIC TRADITION
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Domestic Violence
and the Islamic
Tradition
E thics, Law, and the Muslim
Discourse on Gender
A YESHA S. C HAUDHRY

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F or Rumee,
W ho inspires me
t o be the best version of myself.
I n you I have found at last
a Refuge,
a Haven,
a Sanctuary.
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S eries Editors’ Preface

T he Oxford Islamic Legal Studies Series promotes scholarship that speaks
to a broad scholarly audience. The books in this series are designed
to speak to specialists in the (cid:976)ield. They are also selected with an eye to
non-specialists, and are written in a manner that allows non-specialists
to engage in a nuanced way with cutting-edge topics regarding Islamic
law. The current volume exempli(cid:976)ies this type of nuanced, accessible, and
provocative text.
P erhaps no topic in Islamic law has as broad ranging an audience as
those related to the (cid:976)ield of Islam and gender. As editors, we recognize
that concerns about gender justice in the Muslim world have contributed
to policies and agendas all too often associated with empire. Yet, we also
acknowledge that cultures of patriarchy—which are not limited to the
Muslim world—continue to perpetuate limits on the scope of freedom
and self-ful(cid:976)illment that women continue to experience. Calling patriarchy
to account through sustained, rigorous scholarship provides a model
of engagement that elevates conversation from the mere polemical or
apologetic trends that often appear in the popular media.
A yesha S. Chaudhry’s Domestic Violence and the Islamic Tradition offers
such a model. In this book, Chaudhry closely examines the historical
and contemporary “Islamic tradition”, and illuminates the legal and
theological paradigms that enable patriarchy to regulate the bodies of
Muslim women. Chaudhry focuses attention on the historical debates
around a speci(cid:976)ic Qur’anic verse. Q (cid:876):(cid:875)(cid:876), the so-called “beating verse”,
often engenders extreme reactions, whether of outrage, discomfort,
or defensiveness. Recognizing how this verse plays out in popular and
often politicized debates about Islam and Muslims, Chaudhry takes the
reader step-by-step through the historical commentary on that verse. Her
analysis proceeds from the pre-modern period into the modern one, with
a review of contemporary sources in Arabic, Urdu, and English, whether
in print or audiovisual. Reading the (cid:976)irst page of her book, the reader
will immediately encounter the distinctive and stirring voice of a scholar
working through the implications of a tradition for which she cares, but
who does not shy away from critique. Her analysis reveals the way in which
patriarchy informs what she calls an “idealized cosmology”, an optative
“as if” world that provides an interpretive lens of gendered hierarchy. She
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Series Editor’s Preface vii
shows that if there is to be a tradition of gender egalitarianism in Islamic
thought, more than piecemeal reform is required. Nothing short of a
refashioned cosmology—which touches upon law, theology, exegesis, and
text criticism—is required.
A nver M. Emon
C lark B. Lombardi
L ynn Welchman
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A cknowledgments

I am grateful to many amazing people whose goodwill and kindness
sustained me through the many years that were devoted to this book.
First and foremost, I acknowledge the great debt I owe my dear husband,
Rumee Ahmed, whose patience and generosity have been ceaseless and
whose kindness and compassion seem inexhaustible. This book would
simply not exist without his constant love and support. He played multiple
roles through the process of this project, including friend, critic, chef,
editor, interlocutor, research assistant, nursemaid, travel agent, driver,
therapist, and entertainer. Most of all, I am thankful that he has chosen to
walk with me in this journey through life, showing me how to delight in its
joys and persevere through its sorrows. I cannot imagine a more perfect
life partner and am truly honored by this tremendous privilege.
I n writing this book, I have had the great fortune of working with an
excellent editorial team. I am especially lucky to have worked with Anver
M. Emon, who guided me through the publication process with great
sagacity. He has been accommodating, patient, and constructive, and
made the publication experience thoroughly enjoyable. In addition, he
introduced me to an ethos of collegiality that separates scholarly critique
from personal attack and in the process has reaf(cid:976)irmed the human dignity
of a scholar. I am also fortunate to have had the privilege of working with
Lisa Y. Gourd as my copy-editor. Her corrections, comments, and insights
were meticulous, painstaking, and brilliant. They greatly improved the
quality of this manuscript. Most of the current version of this book was
written at Bel Café and Revolver in Vancouver, where I was treated with
exceptional hospitality and graciousness. I am particularly indebted to
Bel Café, where I sometimes worked for ten hours at a time, right through
the afternoon rush hour. Anna Heyd and Parker McLean were sunshine
on rainy days.
A lthough it has turned out to be a rather different book, this project
began during my graduate studies in the Department of Middle Eastern
and Islamic Studies at New York University. At NYU I had the good fortune
to meet and work with extraordinary scholars, friends, and colleagues,
who deeply in(cid:976)luenced my personal and intellectual trajectory. I am
thankful to those who went above and beyond the call of duty to lend a
kind word, sympathetic ear, and helping hand. Thank you, Khaled Fahmy,
Michael Gilsenan, Bernard Haykel, Zachary Lockman, and Catharine
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Acknowledgments ix
R. Stimpson. I am also thankful to my dissertation committee, namely
Kecia Ali, Marion H. Katz, and Everett K. Rowson, for reading through the
many drafts of the dissertation and encouraging me to be a better scholar.
I am also grateful to the external readers Fiona J. Grif(cid:976)iths and Kristin
Z. Sands. Kecia Ali deserves special thanks. Her dissertation inspired mine,
and she took on this project as an external advisor, providing feedback
at every stage and acting as a mentor as I have transitioned to a career
in teaching. Now that I am an assistant professor myself, I have renewed
appreciation for the magnitude of her commitment. I am also grateful to
my intellectual mentors at the University of Toronto who helped shape my
scholarly trajectory, particularly Robert Gibbs, Sebastian Günther, James
A. Reilly, Walid Saleh, and Janice Stein.
I must also thank the foremothers in the (cid:976)ield of Gender and Islamic
Studies who cobbled together this (cid:976)ield with their intellectual curiosity,
commitment to justice, and courageous spirit. Without their pioneering
work, a project like this would be unimaginable. The women whose work
most directly shaped and in(cid:976)luenced my personal intellectual journey
include Leila Ahmed, Asma Barlas, Fatima Mernissi, Ziba Mir-Hosseini,
and Amina Wadud.
I have been blessed with fabulous and nourishing friends who have
supported me through the process of writing this book, sometimes
enabling and other times rejecting my hermit-like tendencies. Special
thanks to Sarah Abdullah, Charlie Bergstrom, Menka Berry, Jeff Bary, Craig
Bohlken, Doug Brockway, Lale Can, Allyssa Case, Aryeh Cohen, Elliott Colla,
Valerie Cooper, Amanullah De Sondy, Vivette Elfawal, Barney Ellis-Perry,
Farid Esack, Neal Ferrazani, David Fushtey, Leah Greenstein Ferrazani,
Benjamin Goold, Tom Greggs, Noah Haiduc-Dale, Susan Hardy, Irfana
Hashmi, Suzanne Holland, Matthew Ingalls, Steven Kepnes, Meher Khan,
Nadia Mahdi, Mahan Mirza, Ebrahim Moosa, Rachel Muers, Noor Najeeb,
Sarah Namer, Martin Nguyen, Peter Ochs, Vanessa Ochs, Krisjon Olson,
Kristian Petersen, Moura Quayle, Aadia Rana, Randi Rashkover, Nevin
Reda, Deena Rymhs, Mohammed Rustom, Maher Samra, Sa’diyya Shaikh,
Mary Simonson, Anjali Thomas-Bohlken, William Twaddell, Homayra
Ziad, and Laurie Zoloth.
A nd last but certainly not least, I am thankful to my family: my father,
Abdul Ghafoor, for his unconditional pride; my mother, Noor Fatima, for
instilling a desire to seek knowledge; Omar, for starting off my doctoral
career in style with my (cid:976)irst computer; Amena for holding my hand as
I jumped into the abyss of independence; Tayyab, for sharing in the
endeavor of self-improvement; Khadijah, for showing me the humor in
things; and Maryum, who knows when words are unnecessary and hugs are
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x Acknowledgments
better. I am appreciative of my siblings’ spouses—Ayesha, Ahmed, Rachel,
and Ozair—and my in-laws for adding light to our lives. May the world
be bright and vibrant for my nephews, niece, and godson: Abdur-Rauf,
Zainab, Abdullah, Hamza, Ibrahim, and Hafez. Dearest Sibghatullah, may
you rest in peace.
A yesha S. C haudhry
V ancouver, BC
J anuary (cid:878)(cid:884), (cid:878)(cid:876)(cid:877)(cid:879)
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