Abstract
Seen from the perspective of female citizenship in MENA, three observations can be tentatively drawn two years after the 2011 Arab uprisings. First, the upsurge of Islamist political leverage has made its toll in representative organizations (political parties) as well as institutions (parliaments). Second, the political cleavage between adversaries of secularist and non-secularist ideological visions pertaining to the organization and distribution of power within the state has widened in terms of topics addressed, and deepened in terms of voting fallouts. A rough two-third/one-third divide is most clearly evidenced in Egypt, but equally apparent in Tunisia, Morocco, and Jordan where turmoil has been primarily non-violent. Third, basic female civil rights buttressed in 1956 in Tunisia upon independence, and secured through parliamentary reforms after 2000 in Egypt and Morocco, are subject to political contestation. As a result, conservative doctrines of domesticated womanhood are enmeshed in current political agendas of reform.
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Notes
- 1.
Eleanor Abdella Doumato and Marsha Pripstein Posusney, “Introduction: The mixed blessings of globalization,” in Women and globalization in the Arab Middle East: gender, economy, and society, ed. Eleanor Abdella Doumato and Marsha Pripstein Posusney (Boulder, CO: Lynne Rienner, 2003), 10.
- 2.
A codified law was passed only for Sunnis in Bahrain. Lynn Welchman, “Bahrain, Qatar, UAE: First time family law codification in three Gulf states,” International Survey of Family Law 2010 (2010).
- 3.
Diane Singermann, “Rewriting divorce in Egypt: Reclaiming Islam, legal activism and coalition politics,” in Remaking Muslim politics: pluralism, contestation, democratization, ed. Robert W. Hefner (Princeton, NJ: Princeton University Press, 2005).
- 4.
”MENA” refers to the Middle East and North Africa region and includes here 18 (out of a total of 22) members of The Arab League (excluding thus the four non-Arab speaking states of Comoros, Djibouti, Somalia and Mauritania): Morocco, Algeria, Tunisia, Libya, Sudan, Egypt, Syria, Lebanon, Jordan, Iraq, Yemen, Palestinian Authorities, Kuwait, Bahrain, Qatar, the United Arab Emirates (hereafter UAE), Oman, and Saudi Arabia. A regional subdivision in MENA is a distinction between a western part that encompasses North African states (in this paper including Egypt) usually referred to as maghrib in Arabic; an eastern part that includes Jordan, Syria, Lebanon, the Palestinian Territories and Iraq, usually referred to as mashriq in Arabic; and the “Gulf states” situated in the sub-region called the khalij in Arabic and which includes Yemen along with the six member states of the Gulf Co-Operation Council (GGC): Saudi Arabia, Kuwait, Oman, Qatar, UAE, and Bahrain.
- 5.
Rania Maktabi, “Female citizenship in the Middle East: Comparing family law reform in Morocco, Egypt, Syria and Lebanon,” Middle East Law and Governance 5, no. 3 (2013).
- 6.
In the 2011–2012 parliamentary elections The Islamist FJP got 46 per cent, while an-Nour won 24 per cent of the vote. See “Egypt’s Islamist parties win elections to parliament”, BBC News 21 January 2012, http://www.bbc.co.uk/news/world-middle-east-16665748. The proportion of women diminished from 12 to 2 per cent after the 2011 elections. FIDH, Women and the Arab Spring: Taking their place (Paris: International Federation for Human Rights, May 2012), 16. The Islamist government was toppled by a coup on July 3, 2013, leaving Egypt under the military rule of General Abdul Fattah al-Sisi. By 25 December 2013, the MB was declared a terrorist group after a deadly attack on a police headquarters. “Egypt’s Muslim Brotherhood declared ‘terrorist group’,” http://www.bbc.co.uk/news/world-middle-east-25515932.
- 7.
The other two parties are the secular centrist party al-Kutla and the leftist Mu’tamar party where Siham al-Badi serves as Minister of women’s affairs. (Klassekampen, 23 April 2013). Women constituted 27 per cent of the Constituent Assembly elected in October 2011. In March 2012, 3 women were part of the 41-members government. FIDH, “Women and the Arab Spring: Taking their place,” 8. http://www.fidh.org/Women-and-the-Arab-Spring-Taking, 11550.
- 8.
“Yet another Islamist victory”, The Economist, http://www.economist.com/node/21541058. The proportion of women elected in March 2012 did not exceed the quote of 15 per cent set by the electoral law. One women, Bassima Hakkaoui, serves as Minister of Solidarity, Women, Family and Social Development.
- 9.
”Reform” is a relative term and implies here changes in state laws that reduce inequality in the distribution of civil, political and economic rights between male and female citizens.
- 10.
Maktabi, “Female citizenship in the Middle East: Comparing family law reform in Morocco, Egypt, Syria and Lebanon.”
- 11.
Rania Maktabi, “The politicization of the demos in the Middle East: Citizenship between membership and participation in the state” (Ph.D. thesis, Department of political science, University of Oslo, 2012), 45–53; 171–81.
- 12.
Sieglinde Gränzer, “Changing discourse: transnational advocacy networks in Tunisia and Morocco,” in The power of human rights: international norms and domestic change, ed. Kathryn Sikkink, Thomas Risse, and Steve C. Ropp (Cambridge: Cambridge University Press, 1999). See also Laurie A. Brand, Women, the state, and political liberalization: Middle Eastern and North African experiences (New York: Columbia University Press, 1998). On the power of economic globalization as principle driving force for political change, see Clement M. Henry and Robert Springborg, Globalization and the politics of development in the Middle East (Cambridge: Cambridge University Press, 2010).
- 13.
The terms “family law” [qanun usra] and “personal status laws” [qawanin al-ahwal ash-shakhsiyya] are here used interchangeably.
- 14.
Mustafa al-Siba’i, sharh qanun al-ahwal as-shakhsiyya. [Explaining the law of personal status] (Damascus: Dar al-Warraq, 2001). 11.
- 15.
George N. Sfeir, “The place of Islamic law in modern Arab legal systems: A brief for researchers and reference librarians,” 28 Int’l J. Legal Info. 117(2000).
- 16.
Maurits Berger, Laila al Zwaini, and Baudouin Dupret, Legal pluralism in the Arab world (The Hague: Kluwer Law International, 1999).
- 17.
On “rule of law” and gender, see Anna Loretoni, “The rule of law and gender difference,” in The Rule of law: history, theory and criticism, ed. Pietro Costa, Danilo Zolo, and Emilio Santoro (Dordrecht: Springer, 2007). For CEDAW work and reports 1979 - 2007, see http://www.un.org/womenwatch/daw/cedaw/. Since 2008 CEDAW has been under the UN High Commissioner for Human Rights, see http://www2.ohchr.org/english/bodies/cedaw/index.htm. For the lifting of CEDAW reservations in Arab states, see the website of the “Coalition Equality without Reservations” launched in 2006: http://cedaw.wordpress.com/, accessed 18 August 2009.
- 18.
Maktabi, “The politicization of the demos in the Middle East: Citizenship between membership and participation in the state,” 96–103.
- 19.
Suad Joseph, “Gendering citizenship in the Middle East,” in Gender and citizenship in the Middle East, ed. Suad Joseph (Syracuse, NY: Syracuse University Press, 2000), 29.
- 20.
Lisa Baldez, “The gender lacuna in comparative politics,” Perspectives on Politics 8, no. 1 (March 2010): 202.
- 21.
Georgina Waylen, Engendering transitions: Women’s mobilization, institutions and gender outcomes (Oxford: Oxford University Press, 2007). 1. Quoted in Baldez, “The gender lacuna in comparative politics,” 202.
- 22.
Rania Maktabi, The politicization of the demos in the Middle East: citizenship between membership and participation in the state, vol. no. 357 (Oslo: Unipub, 2012).
- 23.
The Arabic transliteration is as-sha’b yurid isqat an-nitham. The Arabic word nitham may be translated into both “regime” or “political order.”
- 24.
On theoretical and analytical perspectives regarding the demos in contemporary states in MENA, see Maktabi, “The politicization of the demos in the Middle East: Citizenship between membership and participation in the state,” 39–61.
- 25.
I find “denizenship” to be a fruitful concept that sheds considerable light on the paradoxical legal status of female citizens in contemporary states in the Middle East. I was first acquainted with the term “denizens” through literature on immigration policies where Tomas Hammar denotes “denizens” as privileged resident aliens. See, Tomas Hammar, Democracy and the nation state: aliens, denizens and citizens in a world of international migration (Aldershot: Avebury, 1990). 12–14. Lately, the term “denizens” has been used by scholars in urban studies to denote marginalized citizens such as the homeless and long-term unemployed who are excluded from public space. See Clifford Shearing and Jennifer Wood, “Nodal governance, democracy, and the new ‘Denizens’,” Journal of Law and Society 30, no. 3 (2003); Marc Schuilenburg, “Citizenship revisited – denizens and margizens,” Peace Review 20, no. 3 (2008).
- 26.
Alfred Stepan and Juan Linz, “Islamists and the ‘Arab Spring’,” Journal of Democracy 24, no. 2 (2013): 19.
- 27.
In Morocco, for instance, article 475 allows rapists to marry their victim freeing them of criminal charges.
- 28.
Maktabi, “Female citizenship in the Middle East: Comparing family law reform in Morocco, Egypt, Syria and Lebanon.”
- 29.
On 11 April 2011 a new electoral law in Tunisia contained the requirement of parity between women and men candidates on electoral lists. Four months later, on 13 August 2012, women’s rights organizations demanded the withdrawal of reservations to CEDAW and pressured that the programs of political parties give priority to women’s rights. Only three days later, on 16 August 2012, the interim government announced the withdrawal of reservations to CEDAW. FIDH, “Women and the Arab Spring: Taking their place,” 9.
- 30.
In Morocco, thousands of demonstrators took to the streets on 20th February 2011 giving the name to the still ongoing protests that have taken organizational by 2013. Only one day after, on 21 February 2011, King Mohammad VI announced a series of reforms: a commission that was to propose amendments to the constitution was established on 9 March. A month later, on 8 April, the government announced the withdrawal of its reservations to CEDAW, and promised to increase wages and pensions. Ibid., 71. See also Zakiya Salime, “Signs of new feminism? Promises of Morocco’s February 20”, http://www.jadaliyya.com/pages/index/8842/signs-of-new-feminism-promises-of-moroccos-februar
- 31.
Beth A. Simmons, Mobilizing for human rights: international law in domestic politics (Cambridge: Cambridge University Press, 2009). 23–56.
- 32.
“Egyptian courts stops virginity tests in military prisons”, BBC, 27 December 2011, http://www.bbc.co.uk/news/world-middle-east-16339398. One week later, an appeal court ruling freed the 14 women, while the Juvenile court ruled that the seven youngsters were to be set free on three months’ probation. “Women pro-Morsi protestors freed in Egypt”, BBC, 7 December 2013. http://www.bbc.co.uk/news/world-middle-east-25283054.
- 33.
The memorandum stated that the MB condemned the content of the UN declaration and declared that it was against granting equal rights for men and women with reference to divorce and the sharing guardianship of children between spouses. Marital rape was not acknowledged, neither was equal inheritance between males and females. Ikhwan Web, the Muslim Brotherhood’s Official English website: http://www.ikhwanweb.com/article.php?id=30731. See also Patrick Kingsley, “Muslim Brotherhood backlash against UN Declaration on women’s rights,” The Guardian, 15 March 2013 2013. http://www.guardian.co.uk/world/2013/mar/15/muslim-brotherhood-backlash-un-womens-rights.
- 34.
“Egypt jails girls over pro-Morsi demonstration”, BBC, 28 November 2013, http://www.bbc.co.uk/news/world-middle-east-25127371.
- 35.
Francesco and Dalmasso Cavatorta, Emanuela, “Liberal outcomes through undemocratic means: The reform of the Code de statut personnel in Morocco,” Journal of Modern African Studies 47, no. 4 (2009).
- 36.
Brand, Women, the state, and political liberalization: Middle Eastern and North African experiences: 6.
- 37.
Samira Ibrahim was one of seven female protesters in Cairo who were detained on 9 March 2011 and forced to comply with what was presented as “virginity tests” by the prison officers the following day. After being released she filed a case against the Egyptian military. The Cairo administrative court deemed virginity tests illegal on 27 December 2011. The Guardian 27 December 2011, http://www.guardian.co.uk/world/2011/dec/27/virginity-tests-egypt-protesters-illegal
- 38.
“Women in the Arab Spring: The other side of the story”, The Washington Post, 21 June 2011, http://www.washingtonpost.com/blogs/blogpost/post/women-in-the-arab-spring-the-other-side-of-the-story/2011/06/21/AG32qVeH_blog.html.
- 39.
“Women and the Arab Spring.: An ongoing struggle for equal rights”, United Nations Human Rights, 22 March 2013, http://www.ohchr.org/EN/NewsEvents/Pages/WomenandtheArabspringanongoingstruggleforequalrights.aspx
- 40.
See “Sexual violence in Egypt, myths and realities”, Jadaliyya, 16 July 213, http://www.jadaliyya.com/pages/index/13007/sexual-violence-in-egypt_myths-and-realities.
- 41.
“Tahrir’s bodyguards fight to ‘cure Egypt’s disease’”, CNN 6 March 2013, http://edition.cnn.com/2013/03/05/world/meast/tahrir-bodyguard-egypt-assaults.
- 42.
On 20 December 1993, the United Nations General Assembly adopted The declaration on the elimination of violence against women. Some years later, in 1999, the date 25 November was chosen as The International Day for the Elimination of Violence against Women. http://www.un.org/en/events/endviolenceday/. A substantial re-definition of the concept of “security” at the international level came with the adoption of Security Council Resolution 1325 on 31 October 2000 where gender-based violence, sexual abuse and rape were explicitly stated as areas where girls and women need special protection through international law (art. 9 and 10). See also UN Women, Violence against Women, http://www.un.org/womenwatch/daw/vaw/
- 43.
See the excellent interview with professor Cynthia Enloe, The Graduate Institute in Geneva 17 January 2012 who argues about focusing on “gendered dynamics of masculinity and femininity” within fields of research, http://www.youtube.com/watch?v=DbEJ3RESlf0.
- 44.
“Signs of new feminism? Promises of Morocco’s February 20”, Jadaliyya 7 December 2012, http://www.jadaliyya.com/pages/index/8842/signs-of-new-feminism-promises-of-moroccos-februar
- 45.
Trade unionist Chokri Belaid of the UGTT, Tunisia’s biggest and oldest trade union federation, was killed in February 2013. Left-wing opposition politician Mohammed Brahmi was killed in July 2013.
- 46.
Juan Linz and Alfred Stepan, “Democratization theory and the “Arab Spring”,” Journal of Democracy 24, no. 2 (2013). “Tunisia’s Ennahda and opposition ‘agree on caretaker PM’,” BBC, 13 December 2013. http://www.bbc.co.uk/news/world-africa-25360927.
- 47.
Carole Pateman, Democratization and citizenship in the 1990s: The legacy of T.H. Marshall, vol. 96:17, Rapport (Oslo: Institutt for samfunnsforskning, 1996). 4.
- 48.
Kjetil Selvik, Stig Stenslie, and John Meyrick, Stability and change in the modern Middle East (London: I.B. Tauris, 2011). 107.
- 49.
On general features of economic globalization, see Ngaire Woods and Andrew Hurrell, Inequality, globalization, and world politics (Oxford: Oxford University Press, 1999). For the impact of globalization on female economic rights, see Doumato and Posusney, “Introduction: The mixed blessings of globalization.” See also Valentine M. Moghadam, Women, work, and economic reform in the Middle East and North Africa (Boulder, CO: Lynne Rienner, 1998); Valentine M. Moghadam, Modernizing women: gender and social change in the Middle East (Boulder, CO: Lynne Rienner, 2003).
- 50.
Massoud Karshenas and Valentine M. Moghadam, Social policy in the Middle East: economic, political, and gender dynamics (Basingstoke: Palgrave Macmillan, 2006). 222.
- 51.
Moghadam, V. M., 2008. “Globalization, the state and women’s economic citizenship in the Maghreb.” Paper presented at the Societal Transformations in the Middle East conference, Yale University, 30–31 January 2009. See also Valentine M. Moghadam, “States and social rights: Women’s economic citizenship in the Maghreb,” Middle East Law and Governance 2, no. 2 (2010): 186.
- 52.
“Let them eat baklava”, The Economist, 17 March 2012.
- 53.
Larbi Sadiqi, “Popular uprisings and Arab democratization,” in Islam: critical concepts in sociology/Islam, state and politics, ed. Bruyan S. Turner (London: Routledge, 2003), 231. The article was originally published in International Journal of Middle East Studies 32 (2000):71–95.
- 54.
Bryan S. Turner and Peter Hamilton, Citizenship: critical concepts (London: Routledge, 1994). 4. The exact wording is: “The major intellectual debate, which we can identify in the development of citizenship, concerns the problem of whether citizenship emerges from social class struggles against arbitrary powers from the absolute and arbitrary states and sovereigns, or whether citizenship is primarily a set of concessions handed down from the states to citizens as a method of securing loyalty and commitment.”
- 55.
Karshenas and Moghadam, Social policy in the Middle East: economic, political, and gender dynamics: 13.
- 56.
I elaborate more on the economic dimensions of labor participation in Rania Maktabi, “Arabiske kvinners statsborgerskap [Arab Women’s Citizenship],” Babylon, no. 2 (2011): 13–15. The article can be retrieved at http://www.tidsskriftet-babylon.com/Maktabi.pdf, accessed 16 February 2012.
- 57.
Deniz Kandiyoti, “Islam and patriarchy: A comparative perspective,” in Feminist approaches to theory and methodology, ed. Christina Gilmartin Sharlene Hesse-Biber, Robin Lydenberg (New York/Oxford: Oxford University Press, 1999), 230.
- 58.
The Norwegian historian Hilde Sandvik points at an interesting parallel to the financial crisis in Norway during the 1860s which prompted previously reluctant male politicians to support parliamentary reforms that gave female citizens full independent legal authority over property and revenues. See “Der, hvor de ikke driver handel, selger de heller ikke sin sjarme”, http://kilden.forskningsradet.no/c17251/artikkel/vis.html?tid=61040, accessed 10 August 2011. See also Hilde Sandvik, “Kvinners rettslige handleevne på 1600- og 1700-tallet, med linjer fram til gifte kvinners myndighet i 1888 [Women’s legal capacity in the 17th and 18th century, with lines towards married women’s full legal capacity in 1888]” (Det humanistiske fakultet, Universitetet i Oslo, 2002).
- 59.
For the case of Egypt, see Eleanor Abdella Doumato and Marsha Pripstein Posusney, Women and globalization in the Arab Middle East: gender, economy, and society (Boulder, CO: Lynne Rienner, 2003): 132–40. For historical similarities pertaining to gendered waged labor in a Norwegian context, see Mona Bråten and Anne Mette Ødegård Kristine Nergaard, “Kvinner i fagbevegelsen 2013 [Women in the labour movement 2013],” (Fafo, 2013), 13–15.
- 60.
Ziba Mir-Hosseini et al., Gender and equality in Muslim family law: justice and ethics in the Islamic legal tradition (New York: I.B. Tauris, 2013).
- 61.
“The Egyptian Interim Constitution 2011”, http://www.mpil.de/ww/en/pub/research/details/know_transfer/constitutional_reform_in_arab_/_gypten.cfm
- 62.
“Put faith in writing”, The Economist 31 March 2012. Stepan, “Democratization theory and the ‘Arab Spring’.”
- 63.
Robert E. Goodin, Carole Pateman, and Keith M. Dowding, Justice and democracy: essays for Brian Barry (Cambridge: Cambridge University Press, 2004). See also Susan Moller Okin, Justice, gender, and the family (New York: Basic Books, 1989).
- 64.
Arab Human Development Report 2005, “Towards the rise of women in the Arab World,” ed. United Nations Development Program (Amman: National Press, 2006), 19.
- 65.
Michael L. Ross, “Oil, Islam and women,” American Political Science Review 102, no. 1 (2008): 107, 20. See 6 on page 116 which displays an overview of the position of different MENA according to the amount of oil rents and gender rights index.
- 66.
Henry and Springborg, Globalization and the politics of development in the Middle East: 79–85.
- 67.
Nathan J. Brown, The rule of law in the Arab world: Courts in Egypt and the Gulf (Cambridge; NY: Cambridge University Press, 1997).
- 68.
Haim Malka and William Lawrence, “Jihadi Salafism’s next generation” (October 2013), http://csis.org/files/publication/131011_MalkaLawrence_JihadiSalafism_Web.pdf.
- 69.
For the year 2012, Morocco rates at appr. 4,300, Egypt at appr. 5,400, and Tunisia at appr. 8,100 PPP US dollars. In the Gulf, Saudi Arabia rates at appr. 22,600, UAE at appr. 42,700, and Kuwait at 52,700 PPP USD. Human Development Report 2013: 144–145.
- 70.
Despite comparable GNI per capita levels in Morocco, Egypt and Tunisia, levels of illiteracy and poverty are markedly higher in Morocco and Egypt compared to other MENA states, and particularly low in Tunisia where women enjoy high levels of literacy.
- 71.
Philippe Fargues, “Changing hierarchies of gender and generation in the Arab World,” in Family, gender, and population in the Middle East: Policies in context, ed. Carla Makhlouf Obermeyer (Cairo: American University in Cairo Press, 1995).
- 72.
Andrzej Kapiszewski, Gwenn Okruhlik, and Mary Ann Tétreault, Political Change in the Arab Gulf States: Stuck in Transition (Boulder, Colo.: Lynne Rienner, 2011).
- 73.
Some Arab women with conservative political leanings argue reportedly that “being granted “too many rights” contravenes religion and social norms.” They present views such as “[w]ork cannot interfere with women’s mission, which is first to raise children and take care of the home.” See “Women on the backfoot in the Arab Spring”, http://www.alarabiya.net/articles/2012/03/07/199129.html, accessed, 24 May 2012.
- 74.
Henry and Springborg, Globalization and the politics of development in the Middle East: 5. For a comparative study of the impact of oil revenues on female citizenship in two Gulf states, see Maktabi, Female citizenship and family law in Kuwait and Qatar: Globalization and pressures for reform in two rentier states.
- 75.
On the use of the term the “woman question” in MENA, see my “Civil citizenship: The “woman question” reinterpreted” in Maktabi, “The politicization of the demos in the Middle East: Citizenship between membership and participation in the state,” 61–67.
- 76.
See Guillermo O’Donnell, Philippe C. Schmitter, and Laurence Whitehead, “IV. Tentative conclusions about uncertain democracies,” in Transitions from authoritarian rule: prospects fro democracy, ed. Philippe C. Schmitter Guillermo O’Donnell, and Laurence Whitehead (Baltimore and London: The John Hopkins University Press, 1986), 27. Seen in a MENA-setting, “tolerance of diverse actors” alludes to what Buskens has called as the enlargement as well as politicization of the “public sphere” which followed from the intensified public debates on family law reform in Morocco between 1991 and 2003. Léon Buskens, “Recent Debates on Family Law Reform in Morocco: Islamic Law as Politics in an Emerging Public Sphere,” Islamic Law & Society 10, no. 1 (2003).
- 77.
O’Donnell, “IV. Tentative conclusions about uncertain democracies,” 27–28.
- 78.
To use a phrase coined by Chester L. Karrass, In business as in life, you don’t get what you deserve, you get what you negotiate (Stanford Street Pr 1996).
- 79.
The Norwegian political sociologist Stein Rokkan’s (1921–1979) theoretical and historical comparative methodological approach to studies of state formation and democratization lies as a thick thread and as a “conceptual map” throughout my work on family law and female citizenship in MENA. On the relationship between the separate but interlinked processes of democratization and state formation in the Middle East, see my “The theoretical framework: State formation and democratization” in Maktabi, “The politicization of the demos in the Middle East: Citizenship between membership and participation in the state,” 92–105. See also Stein Kuhnle et al., State formation, nation-building, and mass politics in Europe: the theory of Stein Rokkan based on his collected works (Oxford: Oxford University Press, 1999).
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Maktabi, R. (2017). Post-2011 Pressures for Expanded Female Citizenship and Family Law Reform in Mena: Theorizing on Change amidst Political Transition. In: Touaf, L., Boutkhil, S., Nasri, C. (eds) North African Women after the Arab Spring. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-49926-0_2
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