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		  ISLAM AND HUMAN RIGHTS IN  
		   
		  
		  Riffat Hassan, B.A. Hons., Ph. D. ( 
		   In  A: WHAT IT MEANS TO BE A 
		  MUSLIM :  MY UNDERSTANDING To be a Muslim is to live 
		  in accordance with the will and pleasure of God. Muslims often 
		  say, with joy and pride, that it is easy to be a Muslim since Islam is 
		  “the straight path” leading to paradise. 
		  What this means, in other words, is that the principles of 
		  Islam are simple and straight-forward, free of ambiguities, 
		  confusions, inconsistencies or mysteries, and that comprehending them 
		  or living in accordance with them is not difficult. 
		  The assumption here is that if one somehow comes to “the 
		  straight-forward path” by accepting Islam, which is God’s last and 
		  final revelation to humanity, one will fairly effortlessly arrive at 
		  the destination which is a state of eternal bliss in the presence of 
		  God.  I must confess that 
		  I am totally amazed, and overwhelmed, by this assumption. 
		  To me, being a Muslim 
		  seems to be exceedingly difficult, for to be a Muslim one has to 
		  constantly face the challenge, first of knowing what God wills or 
		  desires not only for humanity in general but also for one’s own self 
		  in particular, and then of doing what one believes to be God’s will 
		  and pleasure each moment of one’s life. To be a Muslim means, first and foremost, to believe in God, who is 
		  “Rabb al-’alamin”: creator and sustainer of all peoples and universes. 
		  The Qur’an, which to me is the primary source of normative 
		  Islam, tells me that God’s creation is "for just ends" 
		  (Surah 15: 
		  Al-Hijr ::85) and not 
		  in "idle sport"( Surah 21: 
		  Al-Anbiya’: 16). 
		  Humanity, fashioned "in the best of 
		  moulds" (Surah 95 : 
		  At-Tin : 4), has been 
		  created in order to serve God 
		  (Surah 51: 
		  Adh-Dhariyat : 56) 
		  According to Qur’anic 
		  teaching, service of God cannot be separated from service to 
		  humankind, or - in Islamic terms - believers in God must honor both 
		  “Haquq Allah” (Rights of God) and “Haquq al-`ibad” (Rights of 
		  creatures).  
		  Fulfillment of one’s duties to God and humankind constitutes 
		  righteousness, as stated in Surah 2:
		  
		  Al-Baqarah : 177, which 
		  reads as follows: It is not righteousness That ye turn your faces Towards East or West; But it is righteousness - 
	  
	   To believe in God And the Last Day, And the Angels, And the Book, And the Messengers; To spend of your substance, Out of love of God, For your kin, For orphans, For the wayfarer, For those who ask, And for the ransom of 
		  slaves; To be steadfast in prayer, And practice regular 
		  charity; To fulfil the contracts Which ye have made; And to be firm and patient, in pain (or suffering) And adversity, And throughout All periods of panic, Such are the people  Of truth, the God-fearing.
		  ( Translation by A. Yusuf 
		  ‘Ali) As I reflect upon the above 
		  passage, as well as many others in the Qur’an, I am struck deeply by 
		  the integrated vision of the Qur’an, which does not separate belief in 
		  God and God’s revelation (“iman”) from righteous action (“`amal”), or 
		  regular remembrance of God (“salat”) from regular discharge of one’s 
		  financial and moral obligations to God’s creature (“zakat”). 
		  Thus, to be a Muslim means - in a fundamental way - to be both 
		  God-conscious and creature-conscious, and to understand the 
		  interconnectedness of all aspects of one’s life, of the life of all 
		  creation and of our life in this transient world to life eternal. For Muslims, the Qur’anic notion of righteousness has been 
		  actualized in the life of the Prophet Muhammad (p.b.u.h.) - known in 
		  the Islamic mystic tradition as “Insan al-kamil” or the complete human 
		  being.  Through his 
		  God-centeredness, the Prophet of Islam attained the highest degree of 
		  “`ubudiyat” (service of God) and became a model of righteous living 
		  not only as the spiritual and political leader of the Muslim “ummah”, 
		  but also as a businessman, citizen, husband, father, friend and a 
		  human being in general. 
		  Following him, there have been individual Muslims - recorded 
		  and unrecorded - in every age, who have known that being a Muslim 
		  means more than seeking or worshipping God. 
		  The great poet-philosopher lqbal speaks for them when he 
		  proclaims, There are many who love God 
		  and wander in the wilderness, I will follow the one who 
		  loves the persons made by God.  (Translation of a verse in 
		  Bang-e-Dara, 
		  Lahore, 1962, p. 151) 
	  
	   
	  
	   Considering the emphasis 
		  placed upon the interrelatedness of “Haquq Allah” and “Haquq al-`ibad” 
		  both in Qur'anic teaching and in the life of the Prophet Muhammad 
		  (p.b.u.h.), the exemplar par excellence of this teaching, it is 
		  difficult to understand their compartmentalization in the minds and 
		  lives of many present-day Muslims. 
		  But what has happened is not surprising given the fact that 
		  many generations of Muslims have been told by their leaders that the 
		  primary duty of a Muslim is to engage in “`ibadat” - which is 
		  understood as “worship” rather than “service” of God 
		  (though the root from which the term “’ibadat” is derived means 
		  “to serve”) - and to obey those in authority over them rather than to 
		  engage in “jihad fi sabil Allah” (i.e. to strive in the cause of God) 
		  to ensure that the fundamental rights given to all creatures by God 
		  are honored within the Muslim “ummah”. For a number of contemporary Muslims, being a Muslim means 
		  following the “Shari’ah” of Islam. Here, it is apt to note that the 
		  term “Shari'ah” comes from the root “Shar`a”, which means “to open, to 
		  become clear”.  E.W. Lane 
		  points out in his monumental 
		  Arabic-English 
		  
		  Lexicon that, according 
		  to the authors of authoritative Arabic lexicons, the
		  
		  Taj al-`Arus, the
		  
		  Tadheeb, and the
		  
		  Misbah, the Arabs do 
		  not apply the term “shari-at” to “any but (a watering place) such as 
		  is permanent and apparent to the eye, like the water of a river, not 
		  water from which one draws with the well-rope.”(Arabic-English 
		  Lexicon, London, 1863, Book I. Part 4, p. 1535) 
		  A modern lexicon, 
		  Lughat ul Qur’an, 
		  states that the term “Shari’ah” refers to straight and clear path, and 
		  also to a watering place where both humans and animals come to drink 
		  water provided the source of water is a flowing stream or river. (G.A. 
		  Parwez, Lahore, 1960, Volume II, pp.941- 944). 
		  Is it not a little 
		  ironic that the term “Shari’ah”, which has the idea of fluidity and 
		  mobility as part of its very structure, should have become the symbol 
		  of rigid and unchanging laws to so many Muslims in the world? That the “Shari’ah” has played a pivotal role in Islamic history as 
		  a means of bringing diverse groups of Muslims within a single legal 
		  religious framework, is beyond dispute. 
		  However, the
		  claim made by some Muslims 
		  that the “Shari’ah” is “divine” cannot be validated logically or 
		  theologically. The “Shari’ah” is derived from four sources, 
		  namely, the Qur’an, Hadith and Sunnah, Ijma’ (consensus of the 
		  community) and Qiyas (analogical reasoning) or Ijtihad (independent 
		  judgment).  Of these 
		  sources, only one -  the 
		  Qur’an  - is believed by 
		  Muslims to be divine. Other sources of the “Shar’iah” cannot be 
		  regarded as “divine” and having the same authority as the Qur’an..  According to the Qur’an, God elevated “Adam” (representative of 
		  self-aware humanity) not only above the animals as the Greeks had 
		  said, but also above the “mala’ika” (celestial creatures) because he 
		  had the gift of “’aql” (reason).
		  The Qur’an puts paramount 
		  importance on the use of reason and constantly urges Muslims to 
		  “think” or to “reflect” and not to accept anything – including the 
		  Qur’an itself - without independent intellectual scrutiny. It is, 
		  therefore, not surprising that the most important thinkers of
		  modern Islam, including Syed Ahmad Khan and 
		  Iqbal, while advocating a return to the simplicity and universality of 
		  the Qur*an, 
		  stressed the tremendous importance of re-opening the gates of Ijtihad 
		  .  In this context the 
		  historic words of Iqbal cited below are a clarion call to Muslims who 
		  have abdicated the responsibility of exercising their God-given 
		  rational faculty and have become content with being blind followers of 
		  traditions and practices that violate Qur’anic ethics or teachings: I know the Ulema of Islam claim finality for the popular schools of 
		  Muslim Law, though they never found it possible to deny the 
		  theoretical possibility of a complete ljtihad... 
		  For fear of... disintegration, the conservative thinkers of 
		  Islam focused all their efforts on the one point of preserving a 
		  uniform social life for the people by a jealous exclusion of all 
		  innovations in the law of  
	  
	   To me being a Muslim means 
		  knowing that the Qur’an is the Magna Carta of human freedom and 
		  that a large part of its concern is to free human beings from the 
		  bondage of traditionalism, authoritarianism (religious, political, 
		  economic, or any other), tribalism, racism, sexism, slavery or 
		  anything else that prohibits or inhibits human beings from actualizing 
		  their God-given potential to the fullest. Though it is necessary 
		  to set limits to what human beings may or may not do so that liberty 
		  does not degenerate into license, the Qur’an safeguards against the 
		  possibility of dictatorship or despotism and states with clarity and 
		  emphasis that not even a 
		  prophet of God is authorized to demand that his followers obey him 
		  rather than God:  “It is not conceivable that 
		  a human being unto whom God has granted revelation, and sound 
		  judgment, and prophethood, should thereafter have said unto people, ‘ 
		  Worship me beside God’; but rather (did he exhort them), ‘Become men 
		  of God by spreading the knowledge of the divine writ, and by your own 
		  deep study (thereof).” (Surah 3 :
		  
		  Al-‘Imran : 79 .
		   Translation by Muhammad Asad)  To me being a Muslim means carrying forward the message of the 
		  Muslim modernists who have raised the cry “Back to the Qur’an” (which, 
		  in effect, also means “Forward with the Qur’an”) and insisted on the 
		  importance of  “ljtihad” - 
		  both at the collective level (in the form of “Ijma’”) and at the 
		  individual level - as a means of freeing Muslim thought from the dead 
		  weight of outmoded traditionalism. 
		  It is a profound irony 
		  and tragedy that the Qur’an, despite its strong affirmation of human 
		  equality and the need to do justice to all of God’s creatures, has 
		  been interpreted by many Muslims, both ancient and modern, as 
		  sanctioning various forms of human inequality and even enslavement. 
		  For instance, even 
		  though the Qur’an states clearly that man and woman were made from the 
		  same source, at the same time, in the same manner, and that they stand 
		  equal in the sight of God, men and women are extremely unequal in 
		  virtually all Muslim societies, in which the superiority of men to 
		  women is taken to be self-evident. In my judgment the most 
		  important issue which confronts the Muslim ummah as a whole today is 
		  that of gender equality and gender justice. 
		  The Islamic tradition - like the traditions of the world’s 
		  major religions, namely, Judaism, Christianity, Hinduism and Buddhism, 
		  developed in a patriarchal culture which was male-centered and 
		  male-controlled. While it is encouraging to know that women such as 
		  Hazrat Khadijah and Hazrat A'ishah (wives of the Prophet Muhammad 
		  p.b.u.h.) and Rabi'a al-Basri (the outstanding woman Sufi) figure 
		  significantly in early Islam, 
		  the fact remains that until the present time the Islamic tradition has 
		  remained largely male-dominated, inhibiting the growth of scholarship 
		  among women particularly in the realm of religious thought. While the Qur'an, because of its protective attitude towards all 
		  downtrodden and oppressed classes of people, appears to be weighted in 
		  many ways in favor of women, a review of Muslim history shows that 
		  many of its women-related teachings have been used in patriarchal 
		  Muslim culture against, rather than for, women. 
		  Given the fact that 
		  there is more Qur’anic teaching on the subject of how to maintain 
		  justice in the home preserving the rights of all members of the 
		  household equally, than on any other subject, it is deeply disturbing 
		  that even after so many advances have been made in the realm of human 
		  rights, many Muslim women are subjected not only to physical and 
		  economic subjugation, but also to moral, intellectual and spiritual 
		  degradation through a misrepresentation of the essential message of 
		  Islam.  Thus, they are 
		  told that according to Surah 2: 
		  Al-Baqarah : 223, the wife is the husband's “tilth” so he can 
		  “plow” her whenever he so desires, that according to Surah 2 :
		  
		  Al-Baqarah : 228, and 
		  Surah 4: 
		  An-Nisa : 34, men have 
		  “a degree of advantage” over them and that they have the right to 
		  control and confine and even to beat women who refuse to be totally 
		  subservient and obedient to their husbands who are referred to as “majazi 
		  khuda” or “god in 
		  earthly form”. The Qur’an puts very strong 
		  emphasis on the right to seek justice and the duty to do justice. 
		  In Surah 5: 
		  Al-Ma'idah:8, it tells 
		  the believers:  "O 
		  you who have attained to faith! 
		  Be ever steadfast in your devotion to God, bearing witness to 
		  the truth in all equity; and never let hatred of any one lead you into 
		  the sin of deviating from justice. 
		  Be just: this is the closest to being God-conscious.”
		  (Translation 
		  by Muhammad Asad)  And again, in Surah 4: 
		  An-Nisa' :136, the 
		  Qur'an underscores the importance of upholding justice:                        
		  O ye who believe! 
		                         
		   Stand out firmly 
		                         
		   For justice, as 
		  witnesses 
		                         
		   To Allah, even as 
		  against 
		                         
		  Yourselves, or your parents, 
		                         
		  Or your kin, and whether 
		             
		             
		  It be (against) rich or poor: 
		                         
		   For Allah can best 
		  protect both. 
		             
		             
		  Follow not the lusts 
		                         
		  (Of your hearts), lest ye 
		                         
		   Swerve, and if ye 
		                         
		   Distort (justice) or 
		  decline 
		             
		             
		  To do justice, verily 
		             
		             
		  Allah is well-acquainted 
		             
		             
		  With all that ye do. 
		  (Translation by A. Yusuf ‘Ali) In the context of justice, the Qur'an uses two concepts: "'adl" 
		  and "ehsaan." 
		  Both are enjoined and both are related to the idea of 
		  "balance," but they are not identical in meaning. "'Adl" is defined by A.A.A. Fyzee, a well-known scholar of Islam, 
		  as "to be equal, neither more nor less." 
		  Explaining this concept, Fyzee wrote: 
		  "...in a Court of Justice the claims of the two parties must be 
		  considered evenly, without undue stress being laid upon one side or 
		  the other.  Justice 
		  introduces the balance in the form of scales that are evenly 
		  balanced.” (A 
		  Modern Approach to Islam , Lahore, 1978, p.17) "'Adl" was 
		  described in similar terms by Abu'l Kalam Azad, a famous translator of 
		  the Qur'an and a noted writer, who stated: 
		  "What is justice but the avoiding of excess? 
		  There should be neither too much nor too little; hence the use 
		  of scales as the emblems of justice” (Ibid.) 
		  Lest anyone try to do too much or too little, the Qur'an points 
		  out that no human being can carry another's burden or attain anything 
		  without striving for it (Surah 53:
		   An 
		  - Najm : 38-39) Recognizing individual merit is a part of "'adl". The Qur'an 
		  teaches that merit is not determined by lineage, sex, wealth, worldly 
		  success or religion, but by righteousness. 
		  Righteousness consists 
		  of both right "belief" ("iman") and just "action" ("'amal") as 
		  clearly indicated by Surah 2: 
		  Al-Baqarah:177 which 
		  was cited earlier. And Surah 49:Al-Hujurat:13 
		  tells us:                        
		  The most honoured of you 
		             
		             
		  In the sight of Allah 
		             
		             
		  Is (he who is) the most 
		                         
		  Righteous of you. 
		  (Translation by A. Yusuf ‘Ali) while Surah 4:An-Nisa': 
		  95 distinguishes clearly between passive believers and those who 
		  strive in the cause of God: Such of the believers as 
		  remain passive--other than the disabled - cannot be deemed equal to 
		  those who strive hard in God's cause with their possessions and their 
		  lives:  God has exalted 
		  those who strive hard with their possessions and their lives far above 
		  those who remain passive.
		  Although God has promised 
		  the ultimate good unto all (believers), yet has God exalted those who 
		  strive hard above those who remain passive by (promising them) a 
		  mighty reward -(many) degrees thereof - and forgiveness of sins, and 
		  His grace:  for God is 
		  indeed much-forgiving, a dispenser of grace. 
		   (Translation by Muhammad Asad) Just as it is in the spirit of "'adl" that special merit be 
		  considered in the matter of rewards, so also special circumstances are 
		  considered in the matter of punishments. 
		  For instance, for crimes of unchastity the Qur'an prescribes 
		  identical punishments for a man or a woman who is proved guilty (Surah 
		  2: 
		  Al-Baqarah:2), but it 
		  differentiates between different classes of women: 
		  for the same crime, a slave woman would receive half, and the 
		  Prophet's consort double, the punishment given to a "free" Muslim 
		  woman (Surah 4:An-Nisa':25; 
		  Surah 33:Al-Ahzab:30). 
		  In making such a distinction, the Qur'an while upholding high 
		  moral standards, particularly in the case of the Prophet's wives whose 
		  actions have a normative significance for the community, reflects 
		  God's compassion for women slaves who were socially disadvantaged. While constantly enjoining "'adl," the Qur'an goes beyond this 
		  concept to “ehsaan” which literally means, "restoring the balance by 
		  making up a loss or deficiency." In order to understand this concept, 
		  it is necessary to understand the nature of the ideal society or 
		  community ("ummah") envisaged by the Qur'an. 
		  The word "ummah" 
		  comes from the root "umm," 
		  or "mother."  The symbols 
		  of a mother and motherly love and compassion are also linked with the 
		  two attributes most characteristic of God, namely, "Rahim" 
		  and "Rahman," both of 
		  which are derived from the root "rahm," 
		  meaning "womb."  The ideal 
		  "ummah" cares about all its members just as an ideal mother cares 
		  about all her children, knowing that all are not equal and that each 
		  has different needs.  
		  While showing undue favor to any child would be unjust, a mother who 
		  gives to a "handicapped" child more than she does to her other 
		  children, is not acting unjustly but exemplifying the spirit of 
		  "ehsaan" by helping to make up the deficiency of a child who is unable 
		  to meet the requirements of life. 
		  "Ehsaan" thus, shows God's sympathy for the "disadvantaged" 
		  segments of human society (such as women, orphans, slaves, the poor, 
		  the infirm, and the minorities). 
		   
	  
	   Having spent almost three 
	  decades in doing research on women-related texts in the Qur'an, I know 
	  that the Qur'an does not discriminate against women. 
	  In fact, in view of their disadvantaged and vulnerable condition, 
	  it is highly protective of their rights and interests. 
	  But this does not change the fact that the way Islam has been 
	  practiced in most Muslim societies for centuries has left millions of 
	  Muslim women with battered bodies, minds and souls. If the Muslim ummah is to 
	  become worthy of being the “khalifah” or deputy of God on earth and to 
	  actualize its highest potential, it will have to make a strong commitment 
	  that it will give its highest priority to the issue of gender-equality and 
	  gender-justice.  No society 
	  can claim to be truly Islamic unless it recognizes, in word and in deed, 
	  that man and woman are equal before God and that each has an equal right 
	  to develop his or her God-given capabilities to the fullest. While Muslims in general have 
	  always regarded the Qur’an as the highest source of Islam, they have often 
	  focused more on rituals and dogmas than on Qur’anic ethics. 
	  Ethics pertain to the universal principles governing human action 
	  and Qur’anic ethics provides the normative framework within which Muslims 
	  are enjoined to live their lives. 
	  Many present-day Muslims, having heard all their lives that “the 
	  Qur'an is a complete code of life” expect to find in the Qur'an specific 
	  or direct statements pertaining to all the issues or subjects which are of 
	  importance to them.  When they 
	  do not find such statements they assume that the Qur'an has nothing to say 
	  about these issues or subjects. 
	  This perceived “silence” of the Qur'an regarding a number of 
	  significant “modern” issues - such as the issue of family planning - 
	  creates a theological and ethical vacuum which different persons and 
	  groups fill in different ways. 
	  What is urgently needed - 
	  in my opinion - is a critical review of the idea that the Qur’an is a
	  complete code of life. 
	  In what way is the Qur'an a 
	  complete code of life? Certainly, it is not an encyclopaedia which may be 
	  consulted to obtain specific information about how God views each problem, 
	  issue or situation that human beings may be confronted with. 
	  Nor is the Qur'an “a legal code”, as pointed out by Iqbal. 
	  By regarding the Qur'an as a Book in which they will find 
	  ready-made laws, regulations, prescriptions or assessments relating to 
	  everything in life, a large number of Muslims have lost sight of the main 
	  purpose of the Qur'an.  This 
	  purpose - as stated by Iqbal - is “to awaken in man the higher 
	  consciousness of his relation with God and the universe.... The important 
	  thing in this connection is the dynamic outlook of the Qur'an”. (The 
	  Reconstruction of Religious 
	  Thought in Islam, p. 168) In other words, the main purpose of the 
	  Qur’an is to provide the ethical framework in which all significant 
	  matters are to be considered. It is vitally important for present-day 
	  Muslims to realize that they will receive the guidance they seek from the 
	  Qur’an not by looking for selected verses on specific subjects but by 
	  understanding its ethical framework consisting of universal principles 
	  which form the core of Islam. B: MY BACKGROUND AND 
	  STRUGGLE FOR HELPING MUSLIM WOMEN RECLAIM THEIR GOD-GIVEN RIGHTS  While my work and writings are 
	  known to many persons in many countries, this statement may be read by 
	  some who are not aware of my background and what I have focused on as a 
	  student, as a researcher, as a teacher, as a philosopher, as a writer, or 
	  as an activist. I consider it important, therefore, to begin by mentioning 
	  some facts of my personal and professional history that might be helpful 
	  to the reader in understanding my ideas and the larger framework within 
	  which they have developed. Like many other contemporary women thinkers I 
	  see a profound linkage between what is intellectual and what is 
	  existential and experiential.  
	  Consequently this statement reflects the “jihad” (struggle) I have engaged 
	  in both as a theologian and as a Pakistani Muslim woman.  I come from an old Saiyyad family from   Upholding the “honor” of his 
	  Saiyyad heritage and being “model” Muslims was very important to my 
	  father.  Being educated, 
	  creative, and independent was what mattered greatly to my mother. My 
	  parents differed greatly in their life-perspectives and had strongly 
	  conflicting views regarding how girls were to be brought up. Growing up in 
	  the midst of so much discord, trying to figure out with the mind of a 
	  young child who I was and what was the purpose of my life, was a very 
	  difficult thing. What sustained me during the troubled years of my 
	  childhood were two things:  my 
	  faith in God who was to me the source of light , of justice and 
	  compassion, and my love of  
	  reading and writing which enabled me to create an inner universe in which 
	  my mind and spirit could grow. I left home at seventeen to study in  I have been involved in the teaching of Islam since January 1973 and 
	  have been engaged in research on issues relating to Women in Islam since 
	  the fall of 1974. Recalling how I embarked on the most important journey 
	  of my life, I wrote in one of my articles,
	  “I 
	  do not know exactly at what time my ‘academic’ study of women in Islam 
	  became a passionate quest for truth and justice on behalf of Muslim women 
	  - perhaps it was when I realized the impact on my own life of the so- 
	  called Islamic ideas and attitudes regarding women. What began as a 
	  scholarly exercise became simultaneously an Odyssean venture in 
	  self-understanding. But ‘enlightenment’ does not always lead to ‘endless 
	  bliss’ (as the Buddhists say)  
	  The more I saw the justice and compassion of God reflected in the Qur'anic 
	  teachings regarding women, the more anguished and angry I became, seeing 
	  the injustice and inhumanity to which Muslim women, in general, are 
	  subjected in actual life. I began to feel strongly that it was my duty - 
	  as a part of the microscopic minority of educated Muslim women - to do as 
	  much consciousness-raising regarding the situation of Muslim women as I 
	  could.” Very early in my study I realized 
	  that Islam, like the other major religions of the world (namely, Judaism, 
	  Christianity, Hinduism and Buddhism) had developed in patriarchal culture 
	  in which its major sources, i.e., the Qur’an, the Sunnah, the Hadith 
	  literature, and Fiqh, had been interpreted almost exclusively by men who 
	  had assigned to themselves the right to define the ontological, 
	  theological, sociological, and eschatological status of Muslim women. I 
	  spent the first decade of my research on Women in Islam (1974-1984) in 
	  reinterpreting the Qur’anic texts relating to women from a non-patriarchal 
	  perspective and came to the conclusion that
	  the Qur’an does not discriminate 
	  against women in any way. In fact if one can see the Qur’anic text 
	  without the lens of patriarchal biases one discovers how strongly it 
	  affirms the rights of women - and of other socially disadvantaged groups.  Since the 1970s the process of 
	  “Islamization” which was initiated in some Muslim countries including  To understand the strong impetus 
	  to "Islamize" Muslim societies, especially with regard to women-related 
	  norms and values, it is necessary to know that of all the challenges 
	  confronting the Muslim world, perhaps the greatest is that of modernity.
	  Unable to come to grips with modernity as a whole, many Muslim 
	  societies make a sharp distinction between two aspects of it. 
	  The first -- generally referred to as "modernization" and largely 
	  approved - is identified with science, technology and a better standard of 
	  life.  The second - generally 
	  referred to as "Westernization" and largely disapproved - is identified 
	  with emblems of "mass" Western culture such as promiscuity, break-up of 
	  family and community, latch-key kids, and drug and alcohol abuse. 
	  What is of importance to note, here, is that an emancipated Muslim 
	  woman is seen by many Muslims as a symbol not of "modernization" but of 
	  "Westernization" (These days Muslim girls as well as boys go to Western 
	  institutions for higher education. 
	  However, often when a young man returns from the West he is 
	  considered "modernized", but when a young woman returns she is considered 
	  "Westernized").  This is so 
	  because she appears to be in violation of what traditional societies 
	  consider to be a necessary barrier between "private space" (i.e., the 
	  home) where women belong and "public space" (i.e., the rest of the world) 
	  which belongs to men. This invisible barrier between these two unequal 
	  spaces is called “hijab” (literally meaning “curtain”)
	  Traditionally,
	  Muslims have developed the belief 
	  that it is best to keep men and women segregated, i.e., in their separate, 
	  designated spaces, because the intrusion of women into men's space is seen 
	  as leading to the disruption, if not the destruction, of the fundamental 
	  order of things.  
	  According to a popular "hadith", whenever a man and woman are alone, 
	  "ash-Shaitan" (the Satan) is bound to be there. The self-styled caretakers of 
	  Muslim traditionalism are aware of the fact that viability in the modern 
	  technological age requires the adoption of the scientific or rational 
	  outlook that inevitably brings about major changes in modes of thinking 
	  and behavior.  
	  Women, both educated and 
	  uneducated, who are participating in the national work force and 
	  contributing towards national development, think and behave differently 
	  from women who have no sense of their individual identity or autonomy as 
	  active agents in a history-making process and regard themselves merely as 
	  instruments designed to minister to and reinforce a patriarchal system 
	  that they believe to be divinely instituted.  
	   Though I emigrated to the  As I reflected upon the scene I 
	  witnessed, and asked myself how it was possible for laws that were archaic 
	  if not absurd to be implemented in a society that professed a passionate 
	  commitment to modernity, the importance of something that I had always 
	  known dawned on me with stunning clarity. 
	  Pakistani society (or any 
	  other Muslim society for that matter) could enact or accept laws that 
	  specified that women were less than men in fundamental ways because 
	  Muslims, in general, consider it a self-evident truth that women are not 
	  equal to men.  Anyone who 
	  states that in the present-day world it is accepted in many religious as 
	  well as secular communities that men and women are equal, or that evidence 
	  can be found in the Qur'an and the Islamic tradition for affirming 
	  man-woman equality, is likely to be confronted, immediately and with 
	  force, by a mass of what is described as "irrefutable evidence" taken from 
	  the Qur'an, Hadith, and Sunnah to "prove" that men are "above" women. 
	  Among the arguments used to overwhelm any proponent of man-woman 
	  equality, the following are perhaps the most popular: that according to 
	  the Qur'an, men are “qawwamun”
	  (generally translated as  
	  “hakim” or “rulers”)  in 
	  relation to women; that according to the Qur'an, a man's share in 
	  inheritance is twice that of a woman; that according to the Qur'an, the 
	  witness of one man is equal to that of two women; that 
	  according to the Prophet (p.b.u.h.), women are deficient both in 
	  prayer (due to menstruation) and in intellect (due to their witness 
	  counting for less than a man's). 
	  In my theological work I 
	  have presented compelling evidence to show that a correct reading of the 
	  Qur’an or the Prophetic tradition does not support such arguments and that 
	  the normative teachings of Islam strongly uphold the equality of men and 
	  women both in relation to God and to each other. Since I was (in all probability) 
	  the only Muslim woman in the country who was attempting to interpret the 
	  Qur'an systematically from a nonpatriarchal perspective, I was approached 
	  numerous times by women leaders (including the members of the Pakistan 
	  Commission on the Status of Women, before whom I gave my testimony in May 
	  1984) to state what my findings were and if they could be used to improve 
	  the situation of women in Pakistani society. 
	  I was
	  urged by those spirited women who 
	  were mobilizing and leading women's protests in the streets to help them 
	  by developing an ideology or strategy that they could use to counter the 
	  avalanche of negative laws, literature, and actions with which they were 
	  being confronted. Some of them wanted to use the work I had already 
	  done and use my interpretations of Qur’anic texts to refute the arguments 
	  that were being used to make them less than fully human on a case-by-case 
	  or point-by-point basis.  I 
	  must admit that I was tempted to join the foray in support of my 
	  beleaguered sisters (amongst whom was
	  Asma Jahangir ) 
	   who were being deprived of their 
	  human rights in the name of Islam. 
	  But I knew through my long and continuing struggle with the forces 
	  of Muslim traditionalism (which were now being gravely threatened by what 
	  they described as "the assault of Westernization under the guise of 
	  modernization") that the arguments that were being broadcast to "keep 
	  women in their place" of subordination and submissiveness were only the 
	  front line of attack.  Behind 
	  these arguments were others, and no sooner would one line of attack be 
	  eliminated than another one would be set up in its place. 
	  What had to be done, first 
	  and foremost, in my opinion, was to examine the theological ground in 
	  which all the anti-women arguments were rooted to see if, indeed, a case 
	  could be made for asserting that from the point of view of normative 
	  Islam, men and women were 
	  essentially equal, despite biological and other differences.  
	   
	  As a result of my study and 
	  deliberation I came to perceive that not only in the Islamic, but also in 
	  the Jewish and Christian traditions, there are three theological 
	  assumptions on which the superstructure of men's alleged superiority to 
	  women (which implies the inequality of women and man) has been erected. 
	  These three assumptions are: (1) that God's primary creation is 
	  man, not woman, since woman is believed to have been created from man's 
	  rib, hence is derivative and secondary ontologically; (2) that woman, not 
	  man, was the primary agent of what is customarily described as the "Fall," 
	  or man's expulsion from the Garden of Eden, hence all "daughters of Eve" 
	  are to be regarded with hatred, suspicion, and contempt; and (3) that 
	  woman was created not only from
	  man but also for 
	  man, which makes her existence merely instrumental and not of fundamental 
	  importance. The three theological questions to which the above assumptions 
	  may appropriately be regarded as answers, are: How was woman created? 
	  Was woman responsible for the "Fall" of man? 
	  Why was woman created? 
	  I have spent many years working on these questions and have shown 
	  in my writings that none of the above-mentioned assumptions is warranted 
	  by a correct reading of the Qur’an which states categorically (in 30 
	  passages) that God created all humanity at the same time, of the same 
	  substance, in the same manner; that both man and woman disobeyed God by 
	  going near the forbidden tree but that they acknowledged their wrongdoing 
	  and were forgiven by God (hence there is no “Fall” in Islam); that God 
	  created both men and women  
	  “for a just purpose” and that the relationship between them is one of 
	  equality, mutuality and cordiality.  
	   
	  It has been the major mission of my 
	  life especially since I became involved in 1984 in helping women activists 
	  in  
	   In pursuit of my passionate quest 
	  for justice on behalf of Muslim women I have traveled from one end of the 
	  Muslim world to the other conducting workshops, participating in 
	  conferences, meeting leaders and policy makers. 
	  I have had the privilege of being one of the main spokespersons for 
	  Islam at several United Nations Conferences, including those held at   In 
	  February 1999,  ABC showed the 
	  BBC documentary entitled “Murder 
	  in Purdah” – a very graphic and powerful film about “honor” crimes 
	  in Pakistan - in  
	  
	  Nightline,
	   and I was one of the two 
	  commentators (the other one being 
	  Asma Jahangir) in this program. Following the airing of this 
	  program, I was inundated with letters, faxes and E-mail from women and men 
	  around the  C: 
	  DR. FARHAT HASHMI’S VIEWS : AN ANALYSIS OF HER APPROACH AND 
	  MESSAGE  In my view, given the patriarchalism of Pakistani society, the presence 
	  of a Muslim woman who can teach or preach Islam should be seen as a 
	  positive event. Further, the fact that Dr. Farhat Hashmi wants to educate 
	  other Muslim women about Islam should also be seen as a worthy objective. 
	  This has also been my objective for many years and I am very glad 
	  to see that after centuries of being excluded from religious education and 
	  discourse, an increasing number of women in  
	  1.     
	  Dr. Hashmi appears to be making the claim that 
	  what she is communicating in her “dars” (teaching) is what God has 
	  revealed in the Qur’an. In her interview with Samina Ibrahim of
	  
	  Newsline magazine (February 
	  2001), she said, “All I am doing 
	  is spreading the message of the Qur’an. 
	  If somebody objects to that, then their fight is
	  not with me, but with God.” 
	  What Dr. Hashmi is presenting to her listeners is
	  what she understands to be the 
	  meaning of a particular Qur’anic text just as I have, for many years, been 
	  presenting to diverse audiences what I understand to be the meaning or 
	  intent of particular Qur’anic passages. 
	  However, neither she nor I nor anyone else except the Prophet of 
	  Islam (p.b.u.h.) is the recipient of God’s revelation (“wahy”) and the 
	  possessor of prophetic wisdom (“hikmat”) 
	  All of us who seek to understand the Word of God are fallible and 
	  limited human beings whose interpretation of the divine text cannot be 
	  regarded as  final and 
	  definitive having the seal of approval from God. Therefore, saying that 
	  any objection to Dr. Hashmi’s representation of what is in the Qur’an is 
	  tantamount to “a fight with God” is indefensible both from a religious and 
	  a methodological viewpoint.  2.     
	  In her interview Dr. Hashmi says, “I am not 
	  prepared to take dictation from the       
	  ulema and teach their version of Islam”.
	  This means that she is aware of 
	  the fact that there is more than a 
	  single version of Islam. Dr. Hashmi also objects to “too much 
	  rigidity” in matters of religious interpretation in  In my work over the last 28 
	  years I have shown how a number of 
	  Qur’anic passages that are commonly cited to discriminate against 
	  women can be interpreted differently and can, in my judgment, be used to 
	  strengthen rather than weaken women’s position in a Muslim society. 
	  However, I have not demanded nor expected that my interpretations 
	  be regarded as definitive and final. Human knowledge is always tentative 
	  and the more I study the Qur’an 
	  the more aware I become of the complexity of its multi-layered text 
	  whose total meaning is known only to its author. Furthermore, given the 
	  nature of the Semitic language in which the Qur’anic text is written - 
	  Arabic - it is virtually impossible to say that a particular concept or 
	  term can only mean one thing.  
	  In Arabic the meaning of a word derives from its “roots” and generally 
	  “root - words” have multiple meanings. For example, the root-word “daraba” 
	  which has been commonly translated as “to beat” by interpreters of Surah 4 
	  :  
	  An-Nisa’ 
	  34  (who have used this 
	  verse to assert that men have been permitted by God to beat women if they 
	  are guilty of “nushuz” which is commonly translated as “disobedience”) has 
	  a large number of meanings as may be seen from
	  Taj al-‘Arus, the authoritative 
	  classical lexicon of the Arabic language. 
	  (My interpretation of this passage which has been regarded by many 
	  as the definitive text with regards to the husband-wife 
	  relationship in Islam is contained in a number of my published writings. 
	  In my exegesis I have shown that on the basis of sound linguistic, 
	  philosophical, and ethical hermeneutical criteria 
	  it is possible to arrive at a radically different understanding of 
	  this text) 3.     
	  Many people who have talked to me about Dr. Hashmi 
	  (including Samina Ibrahim  who interviewed both her and myself for
	  
	  Newsline ) 
	  tell me that they are confused by many things that Dr. Hashmi says. 
	  For instance, she criticizes male ‘ulema who do not accept her as a 
	  scholar and faults them for being “too rigid” and not being open to new 
	  interpretations. She says that she has been told that “I 
	  have a feminist approach” and that “I 
	  have liberalized Islam”.  
	  It is clear from Dr. Hashmi’s 
	  words and tone that she considers being called a “feminist” or “liberal” a 
	  compliment - perhaps because this helps her to distinguish herself from 
	  the male ‘ulema who have rejected her authority as a teacher or preacher 
	  of Islam and to vindicate her as a woman ‘alim. 
	    However, 
	  if one examines the content of Dr. Hashmi’s message she can be called 
	  neither a “feminist” nor a “liberal”. She may be to the left of the most 
	  conservative ‘ulema in Pakistan in that she speaks with a softer voice and 
	  supports the idea of women studying Islam, but her ideological stance is 
	  still very markedly right-wing 
	  (reminiscent in some ways of Mr. Bush’s “compassionate conservatism”) and 
	  uncompromisingly committed to upholding a patriarchal system and 
	  segregated sex-roles.  When asked by Samina Ibrahim if she felt there was “need for 
	  reinterpretation of Islamic thought in today’s context particularly human 
	  rights issues concerning women”, Dr. Hashmi stated:
	  “I feel that there is need for 
	  interpretation on all issues.  
	  But this should be done by a group of people who understand today’s 
	  problems and a group of people who understand religion so that solutions 
	  that are there for modern issues can be applied. An interpretation for a 
	  problem made a 1000 years ago was made in a different historical era and 
	  environment.  It has to be 
	  reinterpreted within the parameters of the Qur’an.” What Dr. Hashmi is 
	  stating here appears to be a reformulation of the modernist position 
	  represented, for instance, by the late Professor Fazlur Rahman who had 
	  pointed out that one major problem confronting contemporary Muslims was 
	  that those who understood Islam did not understand modernity and those who 
	  understood modernity did not understand Islam. 
	  Professor Rahman - like the modernist thinkers before him - had 
	  also advocated a return to the Qur’an to discover the normative principles 
	  of Islam and then going forward with “ijtihad” to see how these principles 
	  could be applied in present-day contexts. 
	  Some of Dr. Hashmi’s statements - including the one cited above - 
	  appear to incorporate the modernist views of thinkers like Iqbal and 
	  Fazlur Rahman. From her public 
	  statements it is clear that Dr. Hashmi considers herself a modernist 
	  Muslim thinker who is opposed to what is archaic and outdated. 
	  But if one scrutinizes the message that she is giving to those who 
	  go and hear her one realizes that she is no more “modernist” than she is 
	  “feminist” or “liberal”. Dr. Hashmi has made a number of statements which 
	  she deems to be “politically correct” in the twenty-first century but 
	  these statements do not add up to a coherent or consistent system of 
	  thought.   It is not surprising that so many people are confused about what Dr. 
	  Hashmi is saying. The confusion is 
	  not in the minds of the listeners. 
	  It is in the statements made by Dr. Hashmi herself. 
	  What she wants her public projection as a Muslim ‘alim to be is 
	  very different from her bottom-line position as an ultra-conservative 
	  Muslim woman. Since she does not participate in academic conferences 
	  where other qualified Muslims can engage in a critical discussion with her 
	  about her statements, she is not obliged to clarify the discrepancy 
	  between her so-called “feminism”, “liberalism” and “modernism” and what 
	  she is preaching to an increasing number of girls and women who want to 
	  find out what Islam is from a woman who has shrouded herself in the mantle 
	  of piety and authority.  4.     
	  Dr. Hashmi’s message is directed mainly at 
	  affluent urban women and young girls  who are students in her “Al-Huda” academies or other institutions. 
	  There is one aspect of her message that is positive. This message 
	  has to do with making an effort to study Islam and to live simple lives 
	  free of ostentation, frivolity and self-centered indulgences. 
	  Many women who have become the followers of Dr. Hashmi come from 
	  the elite classes and had plenty of money and time much of which was spent 
	  on worldly pursuits. Dr. Hashmi made these women aware of the fleeting 
	  nature of earthly pleasures and the importance of living a God-focused 
	  life and thinking of the hereafter. 
	  Due to her influence many of them began to change their lifestyles 
	  and appeared to become more “religious”. Since these women came from 
	  wealthy families few of them had to deal with the problems of survival. 
	  They already had whatever 
	  they wanted or needed in terms of material comfort. In addition to that 
	  they acquired the spiritual comfort of knowing that if they followed Dr. 
	  Hashmi’s teachings, paradise would also be theirs. 
	   It is no wonder that Dr. Hashmi’s 
	  message was irresistible to the privileged women who formed her “target 
	  groups”.   Amongst Dr. Hashmi’s followers are also young girls and it is important 
	  to understand their motivation. Youth is always idealistic and 
	  action-oriented. But living in a society as patriarchal and as morally and 
	  intellectually bankrupt as Pakistan, many amongst our teeming millions of 
	  young people are highly frustrated and desperately in search of 
	  direction and guidance that would lead them to a purposeful life. 
	  Unfortunately, our so-called “liberal” and “progressive” classes 
	  have never undertaken the responsibility to provide a forum or a platform 
	  for discussion and action to these young persons. 
	  The religious right-wing has taken full advantage of 
	  the situation and has actively targeted youth, going literally from 
	  classroom to classroom and institution to institution. As a result tens of 
	  millions of young people not only in Pakistan but also in other Muslim 
	  countries and even in Muslim communities living in the West, have adopted 
	  a version of Islam that is in complete contrast to the life-affirming, 
	  reason-affirming, justice-and-compassion centered teachings embodied in 
	  the Qur’an and the teachings of the Prophet of Islam (p.b.u.h.) Some girls and women who are followers of Dr. Hashmi have told me that 
	  she has put them on the “right track” to paradise. I have asked them to 
	  explain to me what is this “right track”. 
	  They say that she has told them how important it is to pray to God 
	  and fulfill their religious obligations and that taking care of the family 
	  is the primary purpose of a women’s life. When I ask them if she told them 
	  to wear “hijab” they say that she has not “forced” them to wear “hijab” 
	  but that wearing “hijab” is a religious mandate for Muslim women. 
	  Those of Dr. Hashmi’s followers who imitate her style of not only 
	  wearing a “chadur” on their heads but also covering their faces (except 
	  for the eyes) apparently do not know that this form of “hijab” was unknown 
	  at the time of the Prophet Muhammad (p.b.u.h.) when the Qur’an was 
	  revealed.  5. Every Muslim has been 
	  commanded in the Quran to enjoin 
	  “al-ma’ruf” (the good)  
	  and to forbid “al-munkar” (the evil). 
	  Unless the evil is forbidden the good cannot flourish. 
	  In explaining the meaning of the “Shahadah” which states that there 
	  is no (“la”) god except (“illa”) Allah, Iqbal makes an important point 
	  that has its roots in the Sufi tradition: it is necessary to negate 
	  everything that is not God  
	  (“la”) before it is possible to affirm 
	  (“illa”) one’s faith in God.
	  To ignore the massive injustice, 
	  oppression and violence to which millions of girls and women (and other 
	  marginalized groups) in  6.   In her interview 
	  with Samina Ibrahim, Dr. Hashmi states, “
	  …the ‘ulema do not want to educate 
	  the common man about the Qur’an. 
	  The ‘ulema say the masses are not capable of understanding it, that 
	  only religious scholars are able to understand it. 
	  The ‘ulema cannot accept that a woman is capable of understanding, 
	  interpreting or teaching the Qur’an. 
	  I have even been called a ‘kafir’ because I do not propagate jihad. 
	  I teach women : are they going to go and fight? Anyway there are 
	  many things to be done before thinking of jihad. From beginning to end I 
	  keep the Qur’an in front of me. 
	  And for me what is written in the Qur’an is Islam.” 
	   Dr. Hashmi’s understanding of 
	  the core Qur’anic concept of “Jihad” appears to be as flawed as that of 
	  many Western media experts who have been attacking Islam relentlessly 
	  since  In my view the greatest “jihad” 
	  for the Muslims today is not physical but moral and intellectual. 
	  That is why a thinker like Iqbal who had such profound 
	  understanding of the Qur’an and Islam put so much emphasis on “Ijtihad” 
	  (which comes from the same root as the word “jihad”). 
	  But Dr. Hashmi who so easily dismisses the idea that women should 
	  engage in jehad, also does not encourage her followers to engage in 
	  “ijtihad”.  Both involve 
	  intense individual effort which could lead to women developing leadership 
	  skills and acquiring the ability and confidence to start questioning the 
	  patriarchal traditions that have discriminated against them in 
	  multifarious ways. 7. Dr. Hashmi prefers to focus 
	  on “hijab” which she interprets in a very restrictive way. In my judgment 
	  in the context of proper attire and conduct, the Qur’an lays down one 
	  basic principle which may be described as the principle or law of modesty. 
	  In Surah 24: An-Nur:
	  30-31, modesty is enjoined both 
	  upon Muslim men and women: Say 
	  to the believing men 
	                                                 
	  That they should lower 
	                                                 
	  Their gaze and guard 
	                                                 
	  Their modesty: that will make 
	                                                 
	  For greater purity for them: 
	                                                 
	  And God is well-acquainted 
	                                                 
	  With all that they do. 
	                                                 
	  And say to the believing 
	  women 
	                                                 
	  That they should lower 
	                                                 
	  Their gaze and guard 
	                                                 
	  Their modesty: and they 
	                                                 
	  Should not display 
	  
	                                                 
	  Beauty and ornaments expect 
	  
	                                                 
	  What (must ordinarily) appear 
	                                     
	  
	             
	  Thereof; that they must 
	                                                 
	  Draw their veils over 
	                                                 
	  Their bosoms and not display 
	                                                 
	  Their beauty except 
	                                                 
	  To their husbands, their fathers, 
	                                                 
	  Their husband’s fathers, their sons, 
	                                                 
	  Their husband’s sons, 
	                                                 
	  Or their women, or their slaves 
	                                                 
	  Whom their right hands 
	                                                 
	  Possess, or male servants 
	                                                 
	  Free of physical needs, 
	                                                 
	  Or small children who 
	                                                 
	  Have no sense of the shame 
	                                                 
	  Of sex; and that they 
	                                                 
	  Should not strike their 
	  feet 
	                                                 
	  In order to draw attention 
	                                                 
	  To their ornaments  
	  (Translation by 
	  A. Yusuf ‘Ali) On the basis of the above-cited verses, the 
	  following points may be made: 1. The Qur’anic injunctions enjoining the 
	  believers to lower their gaze and behave modestly applies to both Muslim 
	  men and women and not to Muslim women alone. Here it is to be noted that 
	  there are no statements in the Qur’an which justly the extremely rigid 
	  restrictions regarding veiling and segregation which have been imposed on 
	  Muslim women by some Muslim societies. 
	  To those who dispute this let me put one short question:
	  If the Qur’an intended for women 
	  to be completely veiled why, then, did it command the men to “lower their 
	  gaze”? 2. Muslim women are enjoined to “draw their 
	  veils over their bosoms and not display their beauty” expect in the 
	  presence of their husbands, other women, children, eunuchs and those men 
	  who are so closely related to them than they are not allowed to marry 
	  them.  Although a 
	  self-conscious exhibition of one’s “zeenat” (which means “that which 
	  appears to be beautiful” or “that which is used for embellishment or 
	  adornment”) is forbidden, the 
	  Qur’an makes it clear that 
	  what a woman wears ordinarily is permissible. 
	  Another interpretation of this part of this passage is that if the 
	  display of “zeenat” is unintentional or accidental, it does not violate 
	  the law of modesty. 3. Although Muslim women may wear ornaments 
	  they should not walk in a manner intended to cause their ornaments to 
	  jingle and thus attract the attention of others. At this point a “liberated” woman might ask: 
	  Why should a Muslim woman display her beauty only in the presence of those 
	  (apart from her husband) who are likely to have no sexual interest in her? 
	  The answer to this question is contained in the Qur’anic view of the ideal 
	  society and the social and moral values to be upheld by both Muslim men 
	  and women.  In Qur’anic terms, 
	  the ideal society is that in which there is justice for all, i.e., justice 
	  between man and man and what is perhaps even more important justice 
	  between man and woman (It is important to note that there is more Qur’anic 
	  legislation on the subject of a proper ordering of the relationship of men 
	  and women than on any other subject). 
	  Whilst a good portion of the Qur’anic legislation regarding women 
	  was aimed at protecting them from inequities and vicious practices (such 
	  as female infanticide, unlimited polygamy or concubinage, etc.) which 
	  prevailed in seventh century  A number of women-related Qur’anic laws 
	  which are interpreted by some critics of Islam to be a restrictive of 
	  women’s freedom are in fact meant to protect what the Qur’an deems to be a 
	  woman’s fundamental rights.  
	  For instance, in Surah 33: 
	  Al-Ahzab: 59, the Qur’an 
	  says: O 
	  Prophet! Tell Thy 
	  wives and daughters, And 
	  the believing women, 
	  That 
	  they should cast 
	  Their 
	  outer garments over 
	  Their 
	  persons (when abroad): 
	  That is 
	  most convenient, 
	  That 
	  they should be known 
	  
	             
	  (As such ) and not molested  According to the Qur’anic text the reason 
	  why Muslim women should wear an outer garment when they go out of their 
	  houses is so that they may be 
	  recognized as “believing” Muslim women and differentiated from 
	  street-walkers for whom sexual harassment is an occupational hazard. 
	  The purpose of this verse 
	  was not to confine a woman to her house but to make it safe for her to go 
	  about her daily business without attracting unwholesome attention. 
	  The Qur’an decreed that 
	  “the outer garment” be worn as a mark of identification by “believing” 
	  Muslim women so apparently there was a need at the time of the Qur’anic 
	  statement for a means whereby a “believing” Muslim woman could be 
	  distinguished from the others. 
	  In societies where there is 
	  no danger of “believing” Muslim women being confused with the others or in 
	  which “the outer garment” is unable to function as a mark of 
	  identification for “believing” Muslim women, the mere wearing of “the 
	  outer garment” would not fulfill the true objective of the Qur’anic 
	  decree.  It 
	  is worth noting that older Muslim women who are “past the prospect of 
	  marriage” are not required to wear “the outer garment.” 
	  Surah 24: 
	  An-Nur: 60 reads: Such 
	  elderly women are Past 
	  the prospect of marriage, --  
	             
	  There is no blame on them 
	                         
	  If they lay aside 
	                         
	  Their (outer) garments, provided 
	                         
	  They make not wanton display 
	                         
	  Of their beauty: but 
	                         
	  It is best for them 
	                         
	  To be modest: and Allah 
	                         
	  Is One Who sees and knows 
	                                                 
	  All things.  
	  (Translation by A. Yusuf ‘Ali) Women who on account of their advanced age 
	  are not likely to be regarded as sex-objects are allowed to discard “the 
	  outer garment” but there is no relaxation as far as the essential Qur’anic 
	  principle of modest behavior is connected. 
	  Regardless of age or sex, this Qur’anic principle - like all other 
	  principles of what is termed the “Din” or core teachings of Islam - 
	  is, for Muslims unchanging and unchangeable. 
	  Reflection on the 
	  last-cited verse shows that “the outer garment” is not required by the 
	  Qur’an as a necessary expression of modesty since it recognizes the 
	  possibility that women may continue to be modest even when they have 
	  discarded “the outer garment”. 
	  Muslim societies in general, have, however, discarded the basic intent of 
	  the Qur’anic statements which regard women as autonomous human beings 
	  capable of being righteous as an act of choice rather than as mentally and 
	  morally deficient creatures on whom morality has to be externally imposed. 
	  Not satisfied with “the outer garment” prescribed by the Qur’an for 
	  Muslim women in a specific cultural context, some conservative Muslims 
	  have also sought the help of traditions (“ahadith”) 
	  whose authenticity is dubious to compel women to cover themselves 
	  from head to foot leaving only the face and hands uncovered. 
	  Dr. Hashmi has gone even farther than these men and initiated a 
	  style of  “hijab” which 
	  requires the covering also of the face (except for the eyes) 
	  This kind of “hijab” was not mandated by the Qur’an nor found in 
	  the days of the Prophet Muhammad (p.b.u.h.). Nor is it indigenous to urban 
	  Pakistani society.  It is 
	  very difficult to understand why Dr.Hashmi who, on the one hand, 
	  wants to be regarded as a “feminist” “liberal” and “modernist” scholar of 
	  Islam, on the other hand, wants to be seen as more conservative than the 
	  rigid ‘ulema whom she constantly criticizes. During the initial phases of the 
	  “Islamization” process efforts were made by conservative Muslim men who 
	  were threatened by women’s presence in “public space” to put them in the 
	  “chadur” and “chardewari”.  
	  Due to various reasons these efforts were not very successful especially 
	  amongst urban elite women. Dr. Hashmi has been far more successful in her 
	  so-called “Islamization” campaign since her followers seem to have 
	  voluntarily adopted a style of “hijab” that not only covers their bodies 
	  but virtually makes them faceless. 
	  Along with this has come a withdrawal from any meaningful 
	  engagement in social issues and a relapse into totally segregated 
	  traditional roles.   While Dr. Hashmi and her followers have the 
	  right to wear any kind of “hijab” they choose,to, they do not have the 
	  right to assert or imply that by doing so they have acquired a higher 
	  station as a Muslim or that those women who dress differently are somehow 
	  deficient in their “iman” or “’amal”. As Surah 12:
	  
	  Yusuf: 40 states,  
	  “Judgment (as to what is right and what is wrong) rests with God alone “ 
	   (Translation 
	  by Muhammad Asad)   Dr. Hashmi says “I do not judge anyone by 
	  their appearance alone” and  
	  denounces “judgmental and self-righteous behavior”
	  but appearance and self-righteous 
	  behavior is  precisely what 
	  distinguishes Dr. Hashmi’s followers from
	  others.    My greatest objection to Dr. 
	  Hashmi’s message to women is the total absence in it of any reference to 
	  social justice or human rights. I believe that the most important
	  mandate of Islam as a prophetic 
	  religion is that Muslims should strive to create a just society. 
	  Living as we do in an unjust world, the creation of a just society 
	  is a formidable task and requires unceasing “jihad”. 
	  The greatest “jihad” (“jihad al-akbar”) is against one’s own 
	  shortcomings and deficiencies. 
	  In his philosophy of “Khudi”, Iqbal identifies factors which 
	  strengthen the Self and those which weaken it. 
	  “Pillars of faith” such as “salat” (prayer), “siyam” (fasting) or 
	  “zakat” (wealth-sharing) are intended to make us more integrated and 
	  disciplined so that we are better able to fulfill the mission given to us 
	  by God.  But personal piety - 
	  important as it is - is only a means to an end, the end being engagement 
	  in the struggle to create a society in which there is both “adl 
	  ”(legalistic justice) and “ehsaan” (compassionate justice).  What kind of Islam is Dr. 
	  Hashmi teaching if she does not speak about “adl” or “ehsaan” which are 
	  emphasized throughout the Qur’an ? 
	  Her teachings show an obvious lack of reflection on Surah 107:
	   Al-Ma’un 
	  which reads: Hast thou ever considered (the 
	  kind of man) who gives the lie to all moral law? Behold, it is this (kind 
	  of man) that thrusts the orphan away, and feels no urge to feed the needy. 
	  Woe, then, unto those praying ones whose hearts from their prayers 
	  are remote – those who want only to be seen and praised, and, withal, deny 
	  all assistance (to their fellowmen) 
	  (Translation by Muhammad Asad) Perhaps many of the women who have become 
	  followers of Dr. Hashmi would not have become social activists in any case 
	  since they come from that strata of Pakistani society which is largely 
	  self-indulgent and not particularly interested in social issues.
	  But now her message - like that of 
	  the other right-wing religious groups - is being spread through 
	  educational institutions to young girls who have the potential of 
	  contributing to the development of their poor country and its 
	  disadvantaged people.  I 
	  believe that it is extremely important to challenge the teachings of Dr. 
	  Hashmi in a public forum so that whose who are mesmerized by her 
	  pious-sounding words can actually begin to see its internal contradictions 
	  or inconsistencies and how profoundly its narrow, closed-minded and rigid 
	  intent and content differs from the expansive, enlightened and empowering 
	  teachings of the Quran.    D: 
	  NATURE OF THE DISCOURSE ON ISLAM AND HUMAN RIGHTS IN  The discourse on Islam and Human Rights in  A review of  Averse in general to "modernity" which they identify largely with 
	  "Westernization" of Muslim societies,
	  "religious" extremists have raised 
	  a red flag and shouted that "the integrity of the Islamic way of life" was 
	  under assault, each time any government has taken any step to address the 
	  issue of  gender inequality or 
	  discrimination against women.  While "extremism" is associated most often with "the religious right" 
	  referred to above, it is important to note that it is also to be found in 
	  the utterances and actions of those who regard religion, especially Islam, 
	  negatively.  
	  In asserting that "Islam" and 
	  "human rights" are mutually exclusive, advocates of human rights such as 
	  Asma Jahangir adopt a position which is untenable both on theoretical and 
	  pragmatic grounds. The Qur'an strongly affirms all the fundamental human 
	  rights. 
	   In pragmatic terms, it is evident 
	  that Muslims generally - including
	  the vast majority of Pakistanis - 
	  are strong believers in God and Islam, regardless of how they express or 
	  enact their beliefs. The insistence by "anti-religious" advocates of 
	  human rights that Islam should not be made part of the ongoing discourse 
	  on human rights in  
	  
	  Here I would like to make an important clarification. Just as there are 
	  many people in  
	   I have personally heard key members 
	  of the Human Rights Commission of Pakistan state that they are 
	  “unbelievers” and express great aversion to Islam. Just as there are many 
	  people in                
	  The Truth is               
	   From your Lord:               
	   Let him who will               
	   Believe, and let him               
	   Who will, reject 
	  (it).(Translation by A. Yusuf  
	  ‘Ali) Whether or not leading 
	  advocates of human rights believe in God or in any religion is up to them. 
	  However, it is legitimate to ask how the Human Rights Commission of 
	  Pakistan - the non-governmental organization which has virtual monopoly of 
	  the human rights discourse in Pakistan and receives an enormous amount of 
	  funding from Western donors, - can claim to represent the people of 
	  Pakistan who are near-universally “believers” and regard Islam as the 
	  matrix in which their lives are rooted when to its leaders the very 
	  mention of Islam is anathema. 
	  
	  My philosophical disagreement with the viewpoint that Islam should be 
	  excluded from the human rights discourse in Pakistan held by
	  Asma Jahangir and her 
	  colleagues does not mean that I do not acknowledge or respect their 
	  efforts to document human rights abuses in Pakistan or the bold stand they 
	  have been taking on behalf of victims of violence in the courts, media and 
	  the public. 
	    
	  
	  I believe that it is possible for persons of different religious, 
	  ideological or philosophical perspectives to work together in pursuit of 
	  the common good. When this has been done - as in  
	  
	  persons of indigenous religions and others joined hands to combat social 
	  evils - the results were inspirational. 
	   
	  
	  Despite my openness to working with others who support the struggle for 
	  human rights and women's rights, the position that I represent has been 
	  resented and rejected by many “anti-religious” human rights advocates in  
	  
	  conviction that it is possible to construct a paradigm of human rights 
	  within the framework of normative Islam. 
	  They also do not want to accept my view that
	  in the context of contemporary  
	   E: 
	  DEVELOPING A NEW PARADIGM IN THE DISCOURSE ON ISLAM AND HUMAN 
	  RIGHTS IN  Vocal and visible as the 
	  extremists in  
	   It is a matter of utmost gravity 
	  that in  Islam is, undoubtedly, the 
	  sustaining factor in the lives of millions of Muslims - including 
	  Pakistanis - many of whom live in conditions of great hardship, suffering 
	  or oppression.  It can easily 
	  become a source of empowerment for them if they begin to see that they 
	  have been given a large number of rights - not by any human agency but by 
	  God.  Once the 
	  masses who constitute “the silent majority” of Pakistanis become 
	  conscious of their God-given right to actualize their human potential to 
	  the fullest, they can be mobilized to participate in building a dynamic 
	  and democratic society.  But 
	  in order to make this happen, a new perspective on human rights (including 
	  women's rights) grounded in normative Islamic ideas of universalism, 
	  rationalism, moderation, social justice and compassion must be 
	  disseminated as widely as possible. 
	   F: 
	  IN SUMMATION In the foregoing analytic narrative I have shared my research findings 
	  and reflections on a number of issues that are of critical importance to 
	  many Pakistanis and Muslims today. 
	  I have endeavored to articulate the philosophical vision which 
	  motivates my lifelong struggle to understand the purpose of  
	  creation and what we have to do to fulfill the responsibility of 
	  being God’s “khalifa” (vicegerent) on earth. 
	  I have also attempted to state as clearly and coherently as I could 
	  my perspective what it means to be a Muslim and the contemporary discourse 
	  on Islam and human rights. In response to numerous queries asking me to 
	  clarify my position vis-à-vis
	  that of Dr. Farhat Hashmi and Asma 
	  Jahangir, I have given my 
	  analysis of what I believe Dr. 
	  Hashmi’s approach and message is, and indicated why I do not subscribe to 
	  Asma Jahangir’s perspective on 
	  human rights.  
	  For the record I would like to say 
	  that I have challenged Dr. Farhat Hashmi and Asma Jahangir to a public 
	  debate on human rights and women’s rights at a number of important forums. 
	  I believe that the public is entitled to hear the views of all three of us 
	  in an open setting so that it can understand and evaluate the content and 
	  worth of what each of us is saying. 
	  To date the challenge remains unaccepted. In an “Open Letter” to 
	  General Pervez Musharraf written in February 2000, I had stated:  “One major reason for my 
	  writing this open letter to you at this time, 
	  is  to emphasize to you 
	  the critical need for reflecting on the whole issue of human rights, 
	  particularly the rights of women and minorities. 
	  Ever since I can remember, rulers in  It is my hope that what I have presented to you in this account will 
	  stimulate your own deeper thoughts and that you will find compelling 
	  reasons for joining the movement that aims to rebuild the intellectual and 
	  ethical foundations of our beloved  | |||||||||
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