Lecturing in front of a small group of students, University of Richmond Law professor and Penn alumna Azizah al-Hibri posed a question regarding the role of women in Islamic law: “Is it God who is patriarchal, or is it society?”
Delivering a short presentation sponsored by the Asian American Studies Program on Monday, al-Hibri discussed a range of topics broadly focused on the equality of women, including issues of voting and divorce.
The fundamental principals underlying Islam, al-Hibri argued, establish universal equality and are the basis of important legal rights for women. Referencing a variety of Quranic verses, al-Hibri explained that all of mankind was derived from the same original essence and suggested that God intentionally created diversity to serve as “the spice of life.”
Al-Hibri challenged the religious basis that some Middle Eastern states have used to deny women voting rights. “I went to a Parliamentary leader that was against women voting and asked him what in the Quran justified denying women their rights. He had no response so he replied, ‘it is not our religion; it is our culture.’” The issue is a cultural one, al-Hibri concluded, not a religious one.
Referring to an additional verse in the Quran, al-Hibri also argued that women do not need to obtain their husband’s consent in order to obtain a divorce. The khul’ provides women with that right even when there is no fear of abuse, provided that all dowry gifts are returned, she said.
Taking questions from students afterward, al-Hibri also explained that women are neither prohibited from exercising their right to work nor required to maintain the household. “Marriage agreements,” she explained, “are a contract of companionship, not service.”
Referring to women’s rights, Associate Director of the Asian American Studies Program Fariha Khan said, “It’s surprising how little some Muslim women know.”
Offering a possible solution, al-Hibiri explained that “Islamic law is one thing and its application is another. We would like to change the application.”
This will require “a more systemic education” for women, al-Hibiri added.
The Asian American Studies Program sponsors a number of discussions relevant to issues of faith, history, culture and politics. The program’s next event is tomorrow, April 14.
