The End of Eid

Dear readers

I hope you had a nice Eid. And, if you are Jewish, Rosh Hashanah is just around the corner. Christians will have to wait a while for our next religious holiday!

So, Ramadan is hard, really hard. Fasting from food is doable if difficult, but not drinking anything is nearly impossible, at least for me. However, millions of Muslims world wide do it successfully. I find it very difficult to get up before the first prayer to eat the Suhoor, so I usually sleep through it. I admire the discipline which lies behind Ramadan, and I like the idea of remembering the hungry, so relevant this year as the famine in the Horn of Africa wears on. It has been very very hot in Egypt lately, which makes it even more difficult to fast.

Ramadan ended this week. Eid Kareem! Where I live, in El Rehab City, the Mosque near me spread out persian rugs, and beautiful tapestries to create extra room for people to pray. Ramadan brings out unusually large crowds for prayer. In the evening, people break fast with dates and milk. Some neighborhoods share candy, or have food outside. Tragically, mine was not one of them.

In my neighborhood, people decorated their porches and trees with flashing lights of different colors. People shot of fireworks for eid, and many people had parties to celebrate the breaking of the fast. People stay up late at night, and kids play until midnight.  Last night, some boys were still busy with the firecrackers. I guess it is hard to let go of the fun.

I celebrated Eid ul fitr with my Sudanese colleague, Hamid Ali and his family. They are from Darfur. My children and my nanny,Feba, who is from South Sudan, went to Hamid's house on Tuesday. The end of Ramadan is determined astronomically and it ended on about August 30, 2011 this year. Apparently, there has been some controversy this year, as some say Saturn was seen, not the moon, and Eid did not really end on August 30th.

At my colleague's house, there were about 40 to 50 Darfuris present. I love the women's dress. I think I could wear it. They have colorful, very light cotton cloths which they tie around their shoulder and wrap around them, creating a built in, but very relaxed hijab. Some wear a separate piece of chiffon as hijab. I wore one to fit in, but my five year old daughter told me I looked weird. Then she tried one on herself.

We ate tripe carefully cleaned and chopped and mixed with onions. I think that they had soaked the tripe with salt to clean it, because it had no smell left. Of course, Mexicans love tripe. They call it Mondongo. My husband loves tripe. In Kenya, we call it Matumbo, which means stomach, in Swahili. The tripe is cleaned overnight, and then boiled. It is then chopped into small pieces. It was mixed with pieces of chopped stewed sheep meat, and some strange element of the sheep anatomy that I am not familiar with, and then the whole thing tossed with raw onions. I am not a fan, but this version was okay, and fairly neutral. We had a nice salad of tomatoes, cucumber and lemon juice. We also had some tasty stewed sheep which was served on a bed of torn pita, with stew poured over it, and red pepper on the side.

The men sat in the living room. Most had on white galabeya and white round turbans on their heads. Some had more (to my eyes) African looking white long tunics with white long pants underneath. The women sat in a different room together and discussed jealousy and children. I did not understand that much due to my poor Arabic, but my nanny translated. The house was full of children, and they had a grand time running around and screaming. When we women were not discussing ladies matters, we were in the kitchen cooking. When the tripe was prepared, there was a moment of gender mixing, as some men came in to clean and cut the tripe and help prepare it.

Anyway, as today is the last day of Eid, we can expect politics in the region to really pick up. WMB

Violence against women and harassment against women in Egypt

Dear readers

I mentioned in my last post that my nanny was assaulted on Friday for being Sudanese or dark skinned. However, I told this story to my class, and again on the bus, and now I am beginning to wonder if gender is a factor as well. As we say in the social sciences, perhaps there is an interaction effect between race and gender.

First of all, earlier this semester, a female student at the AUC campus was walking to her car at night. She was physically assaulted by a male assailant, and left with cuts and bruises, although she was able to fight him off. The guards did not come to her assistance, and when pressed, suggested that she had mental health problems.

In addition, an African American female student of mine who was veiled or covered, (i.e. she wore hijab) was also physically assaulted earlier this semester. At the time, I did not ask her the details, but we were concerned that it was due to her dark skin color. Then, last night, when I was telling my class this story, another brown skinned female student told me that she had been attacked in the metro. She defended herself, and had rocks thrown at her, and was left with cuts on her cheeks. Not only did the men and women around her not assist her, but the men around actually joined in on the attack like a mob.

So, at this point in the narrative, i.e. last night, I thought that perhaps dark skinned women are vulnerable to attack in Egypt. However, I got in the bus this morning, and a colleague, an archeologist, very blonde, very pretty, and very white, was recounting how she was physically assaulted by security in Cairo Airport. A male colleague was with her and confirmed her story. I told her that I had a female student attacked in the metro. She told me that she herself had been attacked in the metro, and that she had also had rocks thrown at her. She says that she has seen Egyptian women harassed as well.

Okay, so now I have several stories 1) an Egyptian student, veiled, 2) a Sudanese nanny unveiled, 3) an African-American student veiled, 4) an African-American student unveiled, 5) a white professor unveiled. When I read these stories together, I see that the only thing these people had in common is that they were women, and that they were violently attacked, and that no one helped them.

This makes me think that the Laura Logan assault, and the "virginity testing" incident are not matters of oppression of journalists, or violence by the SCAF. Rather, perhaps there is a real problem of violence and harassment of women in Egypt. This is by no means a representative sample, yet apparently other people have done quite a bit of research on this.

Please see the following links I found on this topic.

Egyptian Center for Women's Rights Report on Violence Against Women in Egypt. 

Nadeem Center: Women Speak Out

National Council on Women Study: Egypt Violence Against Women 

Your thoughts are welcome. WMB

Post script. (1:44 p.m.) Dear readers, I am seriously not making this up. I just checked twitter, and look what I found.

International Blogging Day Against Sexual Harassment ignites in Egypt.

"Virginity Testing" by Egyptian Army

On March 23, 2011, Amnesty International issued a report that there were forced 'virginity tests' inflicted by the Egyptian Army upon women protesters arrested in Tahrir Square during a March 9 protest. This protest turned violent when plainclothes men attacked protesters, and the Army forcefully cleared the square.

Allegedly, at least 18 women were held in military detention, beaten, given electric shocks, strip searched, photographed by male soldiers and the subjected to virginity tests, all followed by being charged with prostitution. This apparently took place in a Cairo Museum annex, where some of the women were beaten with sticks and hoses. For more details, and both articles on this, see Amnesty International Egypt Reports. 

My colleague SO reminds me that  Article 5 of the Universal Declaration of Human Rights (my favorite document) is the cornerstone provision of any discussion of torture. According to Article 5 of the UNDH,

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Yet, this is exactly what happened to these women.

On May 30th, 2011, Shahira Amin writing for CNN broke the story that a senior Egyptian general admits that 'virginity checks' were performed on women arrested at a demonstration this spring. At the time of the Amnesty International report, Major Amr Imran of the Egyptian Army denied that virginity tests had been conducted. But an anonymous senior general admitted that such tests were conducted and defended the practice.

I quote from the CNN article Egyptian general admits 'virginity checks' conducted on protesters.

"The girls who were detained were not like your daughter or mine," the general said. These were girls who had camped out in tents with male protesters in Tahrir Square, and we found in the tents Molotov cocktails and drugs. The general said the virginity checks were done so that the women wouldn't later claim they had been raped by Egyptian authorities."  

According to the Daily Star of Lebanon, SCAF spokesman  General Ismail Etman reiterated the judgement of the women, stating that "there were girls with young men in one tent. Is this rational? There were drugs; pay attention!"

I do not even know how to respond to these comments, as they upset me at so many different and visceral levels. Encouragingly, the response to this outrageous line of reasoning has been dramatic. In heartening news, Egyptian activists have called for demonstrations to condemn the incident. A day of online protest is planned today, Wednesday, to voice outrage against the Supreme Council of the Armed Forces.

Ironically, when this issue first surfaced and I raised it to my class, the students, who were mostly women, believed that the women who spoke out were lying. This is a society where women's right to speak out and be heard in political matters is fragile, and emerging, and needs vigilant protection.  Indeed, according to an Egyptian newspaper, Al Masry Al Youm, the Egyptian military had the audacity to dismiss the CNN report. Yet, they have "vowed to investigate the matter," whatever that means . . . .

In addition, this morning a report by Rana Khazbak indicated  that Egypt's military prosecutors questioned journalists and a blogger for criticizing the SCAF with regard to this matter of torturing protests. Television anchor Reem Maged, journalist Nabil Sharaf al-Din and blogger Hossam el-Hamalawy were called in for questioning on Monday for "allegedly criticizing the military." Sharaf al-Din had alleged that the SCAF is involved in a secret deal with the Muslim Brotherhood. Hamalawy accused the head of the military police of violating human rights. Maged characterized the interrogation as "intimidation for journalists." Military questions journalists

Given that the SCAF has already sentenced at least one blogger to prison for his critiques, and has been actively detaining activists and subjecting them to illegal military trials, these interviews with journalists must be viewed as a type of muzzling of the press.

With regard to the virginity testing matter, the United Nations Convention Against Torture was adopted by the General Assembly on December 9, 1975. Article 1 of that document defines torture as follows

For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. 

It seems clear from this definition that the 18 women protesters were subjected to an act of severe pain and suffering, both physical and mental at the hands of a public official, namely the Egyptian military. Further, the convention indicates that

No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture.

Accordingly, on the face of the matter, the Generals' comments that the women were "sharing a tent with men" do not justify this act of torture.  According to the Convention, all acts of torture are offenses under criminal law. The officers involved in this act should be tried accordingly. The convention was written in Arabic in its original text. As a result, all officials in the Arab world should be familiar with its contents. Further,  Egypt is a signatory of the Convention against Torture, and is therefore bound by the same.

According to New York lawyer SO,  one distinction can be made: i.e not all acts of "virginity testing" can be classified as acts of torture. Instead, under the same ambit of the Convention Against Torture -- vide Article 16, some of these acts could constitute "cruel [and/or] inhuman [and/or] degrading treatment or punishment." 

He notes that "The lynch pin for the definition of torture is the "severity" of the intentional infliction of physical or mental pain or suffering towards obtaining information from someone. In some cases, the acts of virginity testing could be considered torture. In others, depending on the facts, the acts could constitute "cruel and inhuman... treatment." Yet in others -- perhaps the majority -- said acts more acutely can be defined as "degrading treatment or punishment" under the convention. Articles 11, 12 and 13 as read with Article 16 (begin with Article 16 first), provide color on potential legal redress these ladies can obtain." 
 

Turning to the matter of the implicit oppression of women implied by these acts, it is a matter of fundamental human rights that women may participate in public gatherings and express their opinions. Under Articles 19 and 20 of the Universal Declaration of Human Rights,  "Everyone has the right to freedom of peaceful assembly and association." The word everyone is usually understood to include women.

I do not even want to grace the General's ignorant and deeply offensive comment that the women were in the same tent as men with a response, but here are a few thoughts. Even accounting for cultural differences in gender relations, this may easily be explained by the fact that it was night, and it was cold. Second, it does not imply that the women were engaged in any inappropriate behavior. Third, even if the women were engaged in so called "inappropriate behavior," however one may choose to define that, that still does not justify torture.

I also want to point out that testing the hymen for penetration is an absurdity. Vigorous exercise or even horse riding can break the hymen, so a young woman who has never had sexual intercourse or any interaction with men whatsoever could have a hymen that does not look "virgin." Furthermore, if the idea was to prevent later allegations of rape, then the police could have simply taken a statement from each woman regarding whether they had been raped or molested by any person in the course of the protest. In addition, we do not know what means these so called tests were conducted, but they sound quite physically painful, and they were clearly meant to humiliate as men and women both watched them be conducted, and the women were photographed by male soldiers during the event. Actually, this situation is beginning to sound like Abu Ghraib to me. Finally, as Amnesty International points out, when determining a case of rape, it is irrelevant whether or not the victim is a virgin.

Dan Murphy, writing in the Christian Science Monitor on June 1, 2011, points out that male protesters have been raped by state officials and that journalist Lara Logan was assaulted by pro-Mubarak operatives on February 13th. These actions remind us that rape and acts of sexual violence are crimes of power, not passion. As the elections in Kenya in 2007, and the violence in the Congo, Darfur and the Balkans have shown us, rape is a commonly used act of war and aggression.

I agree with Murphy, that the goal of this aggression is in part to prevent women from speaking their minds. But I think there is more at stake here. To use an economic lens, this approach "increases the cost" to protesters, both male and female, of opposing government actions. The physical abuse of both women and men by the Egyptian Military makes it more hazardous for women to participate in public assemblies, therefore reducing the number of people who can oppose the current military regime. I think Murphy over simplifies the case a bit, as the independent press in Egypt has in fact been outspoken about these atrocities.

Women in Egypt, the Middle East, and the entire world MUST have the right to protest, to write, to speak, and to express their political opinions. These female protesters have been subjected to torture, and an outrageous violation of the civil and human rights. The Generals' justifications of these actions are of the garden variety "Blame the Victim" style.

These actions by the SCAF to intimidate journalists, and detain and torture women (and men) are part of a pattern and practice of press intimidation, restrictive laws, military trials of civilians and physical abuse of protesters broadly calculated to reduce and control protests and public dissent. We must not tolerate this shocking suppression of the freedom to peaceably assemble.

Does Shariah Allow Women to Vote?

 Women voters stand in line to cast their ballot in Egypt's first major democratic vote, the Constitutional Referendum, 2011. Photo Credit: the author.

Sometimes I can see what people are interested in by what they type into search engines in order to get to my site. This morning, I saw the following question: Does Shariah allow women to vote? This is an interesting question. Again, we must make the distinction between Shariah, and fiqh, which is Islamic Jurisprudence as applied.

I think that we should start this inquiry with reflections upon the words of Arzu Merali, the Director of Research for the Islamic Human Rights Commission. Writing in The Guardian, she notes that neither men nor women could vote under Mullah Omar's regime in Afghanistan. Mullah Omar was the spiritual leader of the Taliban, and was Afghanistan's "head of state," from 1996 to 2001. She makes the important point that the cruel excesses and limitations upon womens' rights in Taliban-led Afghanistan must be seen as an indictment of the Taliban's prejudices, and cultural views, not an indictment of Islam.

By the way, I myself am not a practicing Muslim. I am a practicing Presbyterian and sometimes Unitarian Universalist. However, I have a deep respect for many of the world's great religions, including Islam, Buddhism, Christianity and Judaism. Zakat, which is a pillar of Islam, is basically tithing. Ramadan, which is a pillar of Islam, is basically a more rigorous version of Lent. Accordingly, do not interpret my words as an attempt to convert you. Rather, interpret my words as an attempt to "get it right."

Saraji Umm Zaid, writing at modernmuslima, makes a very important point. She notes that we must respect Shariah, but that we should not fall into the trap of focusing on the "virtues of the Ideal Place of Women in Ideal Islam." Rather, we must confront the reality on the ground. It is not enough, she argues, to simply place all the negative aspects of how women are treated in predominantly Muslim societies, on "culture." She notes that among conservative Muslims,

[] there is a resounding silence when the issue being raised is Female Genital Mutilation (FGM), honor killings, forced marriages, the unequal application of hadd punishments on women, or the denial of education to girls and women. 

Saraji Umm Zaid urges the average Muslim to petition governments, and urge for change against these practices. She states that Muslims can no longer afford to be silent about human rights abuses, especially those committed against women, in the name of Islam. I provide a long quote from her here, because her words are simply brilliant:

Prophet Mohammed, sallalahu aleyhi wa salaam, was mocked and assaulted because of his strong and courageous stance on the status of women.  He came with a message that lifted women up and gave them dignity.  Fourteen hundred years later, we have descended back into the dark pit of Jahiliya, and Muslim women around the world find themselves cast into the same slavery that the Prophet, sallalahu aleyhi wa salaam, was sent to liberate them from.

It does not make you a "radical feminist" to decry honor killings and volunteer for peaceful campaigns to educate and change laws.  Raising your voice against Female Genital Mutilation does not mean you want to "undermine Islam."  To the contrary, working against these injustices in the way of Allah is a manifestation of the desire to uplift Islam and the Muslim people.

When the Taliban decided to deny education to any girl over a certain age, it is the conservative Muslims, the ones who profess adherence to "Qur'an and Sunnah" that should have spoken the loudest against this.  The longer we stay silent, the more people, both Muslim and non Muslim, will begin to equate "Shar'ia" with the oppression of women.

Returning to the topic of voting, the teachings of Islam, according to Jamal A. Badawi, author of "The Status of Women in Islam," Al-lttihad, Vol. 8, No. 2, Sha'ban 1391/Sept 1971, informs us that Islam gives women the right of election, as well as of nomination to political offices. Women have the right to participate in political affairs and the Holy Quran gives examples of women who participated in political discussions and even argued with the Prophet Mohammed (See Qur'an 58: 14 and 60: 10-12).

Interestingly, Pakistan, a predominantly Muslim country, has had a woman head of state, Benazir Bhutto, and several other prominent female politicians. According to Saimah Ashraf, women in Pakistan are allowed to drive, vote, attend co-educational universities, and hold paying jobs.That being said, life in Pakistan is not very pleasant for women, as there are honor killings and high rates of violence against women there, but that is another topic.

Certainly, women just voted in the last referendum here in Egypt, and the Egyptian legal system is based in part on Shariah. The Parliament in Egypt is currently suspended, so no women or men are serving in it. The country is being run by the SCAF, which appears to be composed entirely of men. There is certainly a lot of room to expand the role and influence of women in Egypt now that the country is in the process of forming new political parties.

The right to vote was established in Iran in 1963. Iran has a very high number of women in Parliament, and women form more than half the entering class in Iran's universities according to Simin Royanian as well as an article in the BBC by Roxana Saberi. According to that article Women in Iran's Parliament are very active, and women also serve in local government. However, in Iran, women cannot be judges, and have many social rights restricted. President Ahmadinejad is quite conservative on the role of women, and wants them home with their families.There is a lot of room for improvement on the political role of women in Iran. According to Raz Zimmt, writing about Iran's parliamentary elections, currently only eight women have been elected in the 8th Majlis (elected in March 2008), in comparison to four women in the first, second, and third Majlis; nine in the fourth Majlis; 14 in the fifth and sixth Majlis sessions; and 13 in the seventh.

I have not had time to review the situation of women and the vote in Saudi Arabia, but this quick survey indicates that under Shariah, women certainly have the right to vote, and in many countries that are governed by Islamic Jurisprudence, women have that right as well. 


I would like to leave you with some wise words from Dr. Christina Jones, a professor of Law from Germany with expertise in Islamic Law:

I would like to leave you with the following proposition: It is possible to use Islamic law in the interests of women's rights. It is possible to combine the very best for women from all of the interpretations of the Quranic text. The decision to do this is political.

Amr Al Shalakany's Series of Unfortunate Events: An Essay on Military Detentions in Egypt

 Military observe and control a protest in Tahrir Square, Cairo.
Photo Credit, the author.

  
I have spent quite a bit of time writing about the detention of American University in Cairo Law Professor Amr El Shalakany. (Please See post post 1, and post 2, and finally post 3) Dr. Shalakany was arrested and detained at a police station near Sharm El Sheikh. He was charged with being drunk in public, and slandering a police officer. He was later charged with inciting a riot, damaging public property, and attempting to escape. He was handed over to a military prosecutor's office. Shalakany was released after paying a bail of 100 pounds, and a case of slandering a police officer is still pending against him.

One reason I have paid attention to the matter is that I know Shalakany a little bit. He works on my floor, in my building.  There, but for the grace of God go I, and all of that. Another reason I have been following his case is that he found himself in a situation that many everyday Egyptians have found themselves in. Namely, he had a run in with the military, and it ended badly.

Luckily for Shalakany, he is a prominent lawyer, from a family of prominent lawyers, who teaches at a prominent university, and has prominent friends. Al Jazeera states that Shalakany was released because of an "honest military prosecutor." However, a more cynical analyst (i.e. me), might suggest that he was released because holding him was a lot more trouble to the SCAF than he was actually worth. Regardless of why he was released, we are very happy for him. I suggest we celebrate his release by reflecting upon how the series of unfortunate events he just experienced gives us an insight into military detentions in Egypt.

Let us begin our discussion with reference to one of my favorite documents, the Universal Declaration of Human Rights. This crucial document was passed by the General Assembly of the United Nations on December 10, 1948. Since Egypt is in the middle of a "Revolution," the country has a chance to reconsider its laws and government, and really rearrange and rebuild its institutions and organizations. Accordingly,  reference to core documents such as the Declaration is important during this period.

A few different articles of the UDHR are relevant to this discussion. Article 5 states that "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." Article 9 states that "No one shall be subjected to arbitrary arrest, detention or exile." Article 10 states that "Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him." A strong argument can be made that the Egyptian military has routinely violated all three of these provisions since January 25th, 2011.


First of all, the military and the "government," have passed a law declaring that "calling for or participating in protests that disrupt business or involve violence while the emergency law is in effect," is a crime punishable by up to a year in jail, and a fine of LE 500,000.  (Al Masry Al Youm, "Demonstrators Denounce Protest Ban, Call for More Reforms," March 28, 2011) This law is carte blanche for illegal detentions in my view, in addition to being an unnecessary constraint on the freedom of the people to peaceably assemble (another right protected by the UDHR). The Emergency Law remains in effect in Egypt. This law has been in force for the past 30 years, and according to Jano Charbel, is to remain in effect until parliamentary elections are held. (Al Masry Al Youm, Jano Charbel. "Activists Denounce New Law Criminalizing Protests," March 24, 2011) As Karam Saber of the Land Center for Human Rights has noted, it is not clear how to determine whether strikes and protests disrupt the economy. In addition, it is unknown if protesters will be subject to military tribunals, and it is unknown if their sentences can be appealed.

According to Ahmed Maher, a co-founder of the April 6 Youth Movement, the SCAF has become increasingly "opaque and unaccountable." (AlJazeera.net, Evan Hill, "Egypt's Youth Leaders Vow Continued Protests," April 7, 2011).  Evan Hill reports that Egyptian military police have been accused of baseless arrests, abuse and torture, summary trials, and illegal detentions. (Ibid at 2). A recent report by Hill notes that the Egyptian army has subjected thousands of ordinary Egyptians "to incommunicado detentions, trials and sentencings in front of military courts that provide little or no due process. Soldiers have . . . beaten activists with metal bars, ropes and electrified batons." (AlJazeera.net, Evan Hill, "Egypt's Crackdown now Wears Camouflage," May 20, 2011)

The Egyptian Army may be holding as many as 10,000 people (Ibid, Hill 2). After a church attack in early May, the army detained more than 190 people, and said they will face military trials as a deterrent against further violence.("Egypt Christians Protest in Cairo after Church Attack," BBC News, May 9, 2011)   On its Facebook Page, the Egyptian Army announced that the SCAF will send all 190 persons arrested to the Supreme Military Court. Although the violence against Christians must be strongly and unequivocally condemned, we must also condemn summary justice and sham trials.

Human Rights Watch has asked that the Egyptian military immediately end trials of civilians before military courts and release all those arbitrarily detained or convicted after unfair proceedings. (Human Rights Watch, "Egypt: Military Trials Usurp Justice System," April 29, 2011.) Human Rights Watch points out that the SCAF has tried more than 5000 civilians before military tribunals since February, including many arrested following peaceful protests in Tahrir and elsewhere. The trials are taking place under the Code of Military Justice   Ironically, at the same time that protesters are being charged in military courts, senior officials of Mubarak's governments facing corruption allegations are being tried in civilian courts. (Ibid, HRW). Over the past several months, civilians have been sentenced to prison terms ranging from six months to seven years, with some receiving sentences ranging from 25 years to life imprisonment. These military trials of civilians "constitute wholesale violations of basic fair trial rights," according to HRW.

Writing in April, Mohamed Elmeshad noted that "activists and analysts are questioning the ruling military council's decision-making process and challenging the military on frequent allegations of human rights abuses." (Al Masry Al Youm, Mohamed Elmeshad, "Military's Performance raises questions on the way forward"). Elmeshad quotes a prisoner, Hany Adel, who claims to have beaten for seven hours straight. Further, women prisoners have allegedly been subjected to "virginity tests," a form of torture. (Amnesty International, Egyptian Women Protesters Forced to Take "Virginity Tests") Further, blogger Michael Nabil has been imprisoned for criticizing the SCAF, a fairly obvious violation of free speech, among other things.( Pen International, Blogger Michael Nabil Sentenced to three years in prison)  )

There is mounting evidence that illegal detentions and unfair trials are occurring in Egypt, in violation of international human rights guidelines. Let us all-- as scholars, activists, journalists and citizens-- deplore the series of unfortunate events which Dr. Shalakany was subjected to. Let us take his case as a call to oppose illegal detentions, and summary military trials in Egypt. WMB


I would like to thank my colleague Joe Hill,, who has done a good job of keeping me up to date on the topic of military detentions.  

Postscript May 25, 2011. 


According to my Kenyan attorney friend Samuel Ochieng Ollunga, who is himself a Harvard Law graduate like Shalakany,  civilians' right to a fair trial is also buttressed by the following statutes:  the International Covenant on Civil and Political Rights (Article 14 and 16), the Convention Against Torture to which Egypt is a signatory circa 1986, and the African Charter on Human and Peoples' Rights (Article 7 and 25). The ACHPR's protocol also establishes the African Court on Human and Peoples' Rights.

Initial Thoughts on Shariah Law, Women, and the Muslim Brotherhood

Dear readers

My students had a lively debate in my leadership class yesterday about whether Shariah humiliates women. (By the way, and importantly, they suggested the topic, and they voted on it. It was not my idea).  I learned a lot. Let me just start by saying that I do not know the answer to this question. But since I am a "lifelong learner" I am ready to study up on it. My biggest reaction to the debate was pleasure that all the students were extremely well prepared. I also was extremely relieved that no blood was on the floor by the end of the debate.

First of all, I learned that Shariah is based on the Holy Quran and the Sunna.

One side of the debate made a very persuasive case that the Holy Quran has a progressive stance on the rights of women in society and in the family. The other side of the debate made an equally persuasive case that Shariah, as actually implemented in Saudi Arabia, Iran and Afghanistan, and to a certain extent Egypt, severely and unfairly restricts the rights of women.

This topic is of interest to both Egyptians, and those who follow Egyptian politics because the policies of the Muslim Brotherhood (MB's) proposed  Freedom and Justice Party are to be based on Shariah ("Brotherhood's Freedom and Justice Party to be based on Islamic Law," Al Masry Al Youm English, February 23, 2011)  At least four Islamic political parties are likely to be formed in the wake of Egypt's uprising. ("Muslim Brotherhood to Establish Freedom and Justice Party, Al Masry Al Youm English, February 21, 2011) The Freedom and Justice Party is scheduled to officially begin on June 17, 2011. ("Brotherhood Expects Political Party to Be Active by June," Al Masry Al Youm English, May 18, 2011)

A thoughtful article, "Why Shariah?" by Noah Feldman, a Harvard Law Professor, in the New York Times (March 16, 2008) makes the following point.

One reason for the divergence between Western and Muslim views of Shariah is that we are not all using the word to mean the same thing. Although it is commonplace to use the word “Shariah” and the phrase “Islamic law” interchangeably, this prosaic English translation does not capture the full set of associations that the term “Shariah” conjures for the believer. Shariah, properly understood, is not just a set of legal rules. To believing Muslims, it is something deeper and higher, infused with moral and metaphysical purpose. At its core, Shariah represents the idea that all human beings — and all human governments — are subject to justice under the law.

In fact, “Shariah” is not the word traditionally used in Arabic to refer to the processes of Islamic legal reasoning or the rulings produced through it: that word is fiqh, meaning something like Islamic jurisprudence. The word “Shariah” connotes a connection to the divine, a set of unchanging beliefs and principles that order life in accordance with God’s will. Westerners typically imagine that Shariah advocates simply want to use the Koran as their legal code. But the reality is much more complicated. Islamist politicians tend to be very vague about exactly what it would mean for Shariah to be the source for the law of the land — and with good reason, because just adopting such a principle would not determine how the legal system would actually operate.


My students made some interesting points. One team pointed out that there are varying interpretations and applications of shariah, which allow some disturbing behavior towards women. For example, the law in Saudi Arabia, which the Saudi Government claims is based in sharia, allows amputation, and stoning for various violations of the law. In Iran, my students argue, a woman is wholly the possession of her husband. In Saudi Arabia, women may not drive, unless they are accompanied by an employee or close male relative. In Afghanistan, they argued, only 5% of women can read and write, and young women are married off early for the bride price.

The other side argued persuasively that in fact these governments are not following the true Shariah. The true Shariah, they argue, protects the role of women. The Quran elevated the status of women, who were subjected to infanticide in the Arab desert 1400 years ago at the dawn of Islam. Islam came to address the wrongs committed against women. Men at the time could marry as many women as they chose. Islam limited men to four wives, who must be cared for in equal measure. In addition, my students pointed out, it is the case that women in Britain and America could not own property until the early 1900s. How can Shariah humiliate women, when it has always allowed women to own property? They noted that Shariah states that gender is recognized in the Holy Quran, and that a woman's personhood is respected. According to my students, Islam honors mothers, and protects the rights of the wife in divorce and marriage.

Fiqh, or Islamic Jurisprudence, my students argued echoing Feldman, although they had not read him, should not be confused with Shariah. The Islamic Jurisprudence applied in Taliban run Afghanistan or Saudi Arabia, they stated, is not Shariah. Those governments are mixing culture, and their own internalized sexism, with Shariah. Feldman makes an argument that supports this position, saying that the governments in these countries are not adequately limited by Islamic scholars, and thus, behave somewhat arbitrarily. He states:

But if Shariah is popular among many Muslims in large part because of its historical association with the rule of law, can it actually do the same work today? Here there is reason for caution and skepticism. The problem is that the traditional Islamic constitution rested on a balance of powers between a ruler subject to law and a class of scholars who interpreted and administered that law. The governments of most contemporary majority-Muslim states, however, have lost these features. Rulers govern as if they were above the law, not subject to it, and the scholars who once wielded so much influence are much reduced in status. If they have judicial posts at all, it is usually as judges in the family-law courts.


In other words, the problem is that traditionally, Islamic scholars had significant social power. They could control arbitrary or unjust rulers and protect the people. Unfortunately, these scholars have lost their social position in the modern world, and have thus lost the ability to ensure that Shariah is applied in accordance with the consensus of Quranic law. For Shariah to be applied properly, there would have to be an effort to rebalance the power of the Islamic scholar in order to reinstate their ability to restrain the executive, like a kind of "Supreme Court." In the absence of these balancing institutions, Feldman and my students argue, the Saudi state, for example, has imposed extreme restrictions on the actions of women that arguably many Islamic scholars would argue are in conflict with the intention of the Quran.

Anyway, this is a very difficult topic. I am not suggesting an answer. I am just trying to become literate about it. I hope you found my musings informative. These are my thoughts for today. Lots to think about. WMB

Violence against women in Egypt: Will it ever come to an End? (guest blogger)

I want to thank my Guest Bloggers: Rana Korayem, Samah Abdel Geleel, Samah elAzab, and Yasmine Sorour, for their penetrating and insightful analysis. I believe that the women of Egypt are best positioned to speak on behalf of the women of Egypt. WMB

Egypt is a signatory of the Convention on all Forms of Discrimination against Women (CEDAW). It has duly adopted the United Nations Declaration on Violence against Women of 1993, however, despite these facts; the rates of Violence Against Women (VAW) are on the rise. Negative behaviors directed at women exist in different forms; the most common of which involve wife battering and sexual harassment. It is widely argued that many of the forms of violence directed at women stem from deeply rooted cultural norms and taboos, which were internalized and thus, became acceptable over time.

According to the 2005 Demographic and Health Survey (DHS), approximately a third of married women have been physically abused by their husband (USAID, 2009). However, for the past years, many women were discouraged from going to police stations to file cases against an abusive husband. Reasons revolving around not reporting range between beliefs that they will not receive appropriate support to fearing the social and economic implications of divorce – a stigma Egyptian women strive to avoid–, which could be a resultant of them reporting.

Physical violence against women has further extended to the Egyptian streets. According to a study conducted by the Egyptian Center for Women’s rights (ECWR), 83% of surveyed female respondents were harassed, and 98 % of the surveyed foreign female respondents were subjected to harassment (Harass Map). Those women who went against the norm and reported to police have achieved results and received legal support. For example, in June 2008, Noha Rushdi Saleh; a film director, activist and a member of ECWR, was groped and harassed by a truck driver while walking in the street. When she had decided to go to the police to file a case, passers-by had told her not to do so, accusing her that she was initially the cause of this incidence. Saleh Insisted on dragging the man to the police station in order to file a case. At the beginning, the police officer refused to start an investigation, but with the perseverance of Saleh and her strong will, the accused received a statement of three years in jail (“Prison for street,”). Another example is the recent assault that happened to a female student by the campus of the American University in Cairo (AUC). The student was “grabbed” and her clothes got torn off, and was left with scratches on her face. In response, AUC had to take stricter security measures to ensure student’s safety (El Gibaly, 2011). Stories of many women and girls who were subjected to assault in public were also showcased in a recent Egyptian movie entitled “678”.

The women’s rights agenda has witnessed improvements over the past decade after the establishment of the National Council for Women. Furthermore, a draft law was previously submitted to the lately dissolved parliament, to criminalize the act of harassing women and girls on the streets. However, culture still comes into play. The main problem is prevalent in the perceived social roles of women and girls and the fostered culture in the households, particularly the least fortunate. The last women’s peaceful demonstration in Tahrir square on March 8, 2011 that coincided with the International Women’s Day serves as strong proof. Men started grouping together to harass women, verbally and physically, asking them to actually leave the square. Many of them denied the rights that women were coming to ask for, not accepting the idea of ever having a woman president. Most arguments are attributed to Islam, although Islam has granted women all their rights, including the right to lead. Women at earlier Islamic times led an army, ran their own business, and were consulted in all affairs. With the rising fundamentalism, that might be a product of the Wahabi movements initiated at the gulf, as well as the increased illiteracy that has reached almost 48% in Egypt, and hence, strong misconceptions about women’s roles are being propagated. This might imply that Egyptian men do not have the willingness to question women’s roles and rather prefer the easy way out by attributing their reasons to religious beliefs that to them are not questionable.

A culture and legal environment that fosters and enforces values related to non-violence against women is needed, as indicators of inclusiveness, participation, and equal opportunities for women are not positive at the moment. This is manifested in the recently proposed amendments to Egypt’s constitution that deprive women from the right to run for political office as president of the state. The proposed amendment to article 75 states that the upcoming president “cannot be married to a non-Egyptian woman”(The Egyptian Center for Women’s Rights). The phrase implies that nomination is only limited to men, which is against practicing citizenship rights for women. It is thus evident that a lot still needs to be done to advance women’s rights in Egypt. Strong pressure groups and coalitions should work collaboratively to voice out women’s concerns. The religious discourse also must be changed to a more open one that includes the opinions of enlightened religious leaders as well.

References:
USAID 2009. Egypt Violence Against Women Study: Literature review of Violence Against Women, April 2009. available at: http://pdf.usaid.gov/pdf_docs/PNADQ891.pdf
Statement The Constitutional Amendments Exclude Women. Egyptian Center for Women's Rights, 02 March 2011. available at: http://ecwronline.org/index.php?option=com_content&task=view&id=438&Itemid=64
Harass Map: executive summary. available at: http://blog.harassmap.org/wpcontent/uploads/2010/08/harassmap_executive_summary.pdf
=Prison for street harasser in Egypt. available at:
http://streetharassment.wordpress.com/2008/10/24/prison-for-street-harasser-in-egypt/.
El Gibaly 2011. When gender equality becomes a reality. Caravan, The American University in Cairo. March 11th, 2011. available at:http://academic.aucegypt.edu/caravan/story/when-gender-equality-becomes-reality