Islamic Feminisms: Rights and Interpretations Across Generations in Iran

166 Pages·2016·0.86 MB·English

by  Roja Fazaeli

Islamic Feminisms
“This book is an important contribution to the study of Iranian women’s
struggle for legal equality since the early twentieth century. With a fascinating
personal account of the aftermath of the 1979 revolution that brought cler-
ics to power, Fazaeli chronicles the coming of age of an indigenous feminism
that has challenged the official interpretation of ‘Shari’a’.”
– Ziba Mir-Hosseini, SOAS University of London
“A child of revolution and a martyr’s daughter, Fazaeli situates herself in the
ongoing resilient political activism of Iranian women in their pursuit of legal
and political equality – despite the relentless state obstruction and harass-
ment. She has written a highly engaging, intelligent and readable book. I
recommend this book enthusiastically.”
– Shahla Haeri, Associate Professor, Boston University
This book explores the contentious topic of women’s rights in Muslim-
majority countries, with a specific focus on Iran and the Iranian women’s
movement from 1906 to the present. The work contextualizes the authorial
self through the use of personal narrative and interviews. A new critique of
Islamic law is produced through an in-depth study of the Iranian Constitu-
tion, civil and criminal codes. The work presents a novel reconceptualization
of the term “Islamic feminism” by revisiting the arguments of various schol-
ars and through analysis of interviews with Iranian women’s rights activists.
It is contended that the feminist movements can play a critical role in Islamic
law reform and consequently the eventual implementation of international
human rights law in Muslim-majority countries. What emerges from this
study is not only a feminist critique of two major regimes of law, but also the
identification of possibilities for reform in the future. The study transitions
from the Iranian national context to the international by way of a compara-
tive legal study of international human rights laws and Islamic laws. The book
will appeal both to academics and human rights practitioners.
Dr Roja Fazaeli is Lecturer in Islamic Civilizations, Department of Near and
Middle Eastern Studies, Trinity College, Dublin, Ireland. She has published
widely on the topics of Islam and gender, Islamic feminism and human rights.
Gender in Law, Culture, and Society
Series Editor
Martha Albertson Fineman
Emory University School of Law, Atlanta, Georgia, USA
For a full list of titles in this series, please visit www.routledge.com
Gender in Law, Culture, and Society addresses key issues and theoretical debates
related to gender, culture, and the law. Its titles seek to advance understand-
ing of the ways in which a society’s cultural and legal approaches to gender
intersect, clash, and are reconciled or remain in tension. The series further
examines connections between gender and economic and political systems,
as well as various other cultural and societal influences on gender construc-
tion and presentation, including social and legal consequences that men and
women uniquely or differently encounter. Intended for a scholarly readership
as well as for courses, its titles are a mix of single-authored volumes and collec-
tions of original essays that are both pragmatic and theoretical. It draws from
the perspectives of critical and feminist legal theory, as well as other schools of
jurisprudence. Interdisciplinary, and international in scope, the series offers a
range of voices speaking to significant questions arising from the study of law
in relation to gender, including the very nature of law itself.
Other titles in the series
In Search of Common Ground on Abortion
From Culture War to Reproductive Justice
Robin West, Justin Murray and Meredith Esser
ISBN 978-1-4724-2045-9
Sister Wives, Surrogates and Sex Workers
Outlaws by Choice?
Angela Campbell
ISBN 978-1-4094-3521-1
Vulnerability
Reflections on a New Ethical Foundation for Law and Politics
Edited by Martha Albertson Fineman and Anna Grear
ISBN 978-1-4724-2162-3
Islamic Feminisms
Rights and interpretations across
generations in Iran
Roja Fazaeli
First published 2017
by Routledge
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and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2017 Roja Fazaeli
The right of Roja Fazaeli to be identified as author of this work has
been asserted by her in accordance with sections 77 and 78 of the
Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic, mechanical,
or other means, now known or hereafter invented, including
photocopying and recording, or in any information storage or
retrieval system, without permission in writing from the publishers.
Trademark notice : Product or corporate names may be trademarks
or registered trademarks, and are used only for identification and
explanation without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
Names: Fazaeli, Roja, author.
Title: Islamic feminisms : rights and interpretations across generations
in Iran / Roja Fazaeli.
Description: New York, NY : Routledge, 2016. | Series: Gender in
law, culture and society | Includes index.
Identifiers: LCCN 2016022555 | ISBN 9781472489159 (hardback) |
ISBN 9781315411446 (web pdf ) | ISBN 9781315411439 (epub) |
ISBN 9781315411422 (mobipocket)
Subjects: LCSH: Women—Legal status, laws, etc.—Iran. | Women
(Islamic law) | Women’s rights—Iran. | Feminism—Iran. | Equality
before the law—Iran.
Classification: LCC KMH517.5 .F39 2016 | DDC 342.5508/78—dc23
LC record available at https://lccn.loc.gov/2016022555
ISBN: 978-1-4724-8915-9 (hbk)
ISBN: 978-1-3154-1145-3 (ebk)
Typeset in Galliard
by Apex CoVantage, LLC
For my mother, Dr Nasrin Nakhshab

Contents
Acknowledgements ix
Introduction: situating the self 1
Memories 2
1 Iranian women’s movement: narratives of dissent 9
Overview 9
The Iranian women’s movement: a brief historical
account (1872–2012) 11
Iranian women’s movement through offline and
online media 29
2 Contemporary feminism in Iran: definitions,
narratives and identity 56
Introduction 56
The struggle to define “Islamic feminism” 57
3 Women’s rights in Islam: an Iranian case study 73
Introduction 73
Divorce 103
Conclusion 108
4 Human rights, Islam and the debate around CEDAW 110
Introduction 110
A brief background to CEDAW 113
viii Contents
International debate: CEDAW and Muslim-majority
countries 119
Iranian debates on CEDAW 131
Conclusion: a personal account 143
Index 151
Acknowledgements
As I conclude this journey of writing, my foremost gratitude goes to Profes-
sor Martha Fineman, without whom this book might not ever have been
realized. Martha’s support began during my Ph.D. work and has been ever
constant. Through Martha I benefitted from time with Emory Law’s Femi-
nism and Legal Theory Project, as well as Emory University’s Vulnerability
and the Human Condition Initiative. Both spaces are imbued with Martha’s
critical spirit and advance her determined work for gender justice. If a similar
spirit and ethic has not been translated into these pages the fault is my own,
as I could have had no better mentor.
I am continually thankful as well for the supervision and encouragement I
received from Professor William Schabas during his tenure at the Irish Centre
for Human Rights, NUI Galway. Bill first helped me to engage the freedom
and responsibility that comes with research, and his work continues to be a
north star for my own writing. I hope that this work edges closer to his high
standards of precise and exhaustive research.
Professor Abdullahi An-Na’im was an early inspiration for my work on
Islam and human rights. I am grateful for all the ways that his challenging
ideas have influenced and shaped this work. My thanks also go to Professor
Joshua Castellino, who first welcomed me to the bustling community at the
Irish Centre for Human Rights, as well as Dr Kathleen Cavanaugh, who con-
tinues to be a resolute and inspirational colleague. I also extend my gratitude
to Professor Lila Abu-Lughod, who kindly supported me during a sojourn at
Columbia University.
This book has been largely written at Trinity College, Dublin. I’m espe-
cially grateful for the platform and context that the Near and Middle East-
ern Studies Department has afforded me during the process of writing. My
thanks, in particular, go to Dr Anne Fitzpatrick for her support from the
beginning. The earliest stages of this research were made possible by a doc-
toral grant from the Irish Research Council (IRC). I remain cognizant and
quite appreciative of the fact that proper funding can make or break a project,
and am thankful to the IRC for helping me start on the right foot.