Women's Human Rights in the Koran: An Interpretive Approach

Abstract

This article discusses three different Islamic approaches towards human rights, secular, non-compatible, and reconciliatory, and proposes an interpretive approach. It argues that if the discriminatory statutory Islamic laws of Muslim states are reformed according to the suggested contextual interpretation of the Koran, greater compatibility with international human rights standards may be achieved, specifically in contentious areas such as divorce, polygamy, evidence, and inheritance. The thrust of the article is that the intention of the Koran was to raise the status of women in society, not to relegate them to subordination as is commonly believed and practiced in much of the Muslim world today.

Teaching “Islam and Human Rights” in the Classroom

“…For the noncompatible approach regarding Islam and human rights, I discuss the positions that advocates of this position may take (Shah 2006), namely that Islam and "the West" have different values (Huntington 1993), that Islam has its own laws (that are God centered), as well as the idea that human rights is seen as a political tool. 5 From this point, we discuss responses to this position, namely that Islam has within it and its teachings numerous references toward rights, which are ideas similar to international human rights law.…”

“…Also within this position is Mashood Baderin's (2003) "margin of appreciation" in which international organizations should allow states the ability to interpret and implement human rights for their respective societies (in Shah 2006, 877). One last approach that Shah (2006) discusses, which is within the compatible approach, is An-Na¨im's (1990) argument for the compatibility of Islam and human rights through a reexamination of verses in the Quran that highlight differences between Mecca and Medinarevealed verses. Because the Meccan verses often emphasized a "timeless" message compared to time-specific prescriptions of Medina verses (which often dealt with the situation of the community at the time of Muhammad), An-Na¨im argues that the Meccan verses should be the ones that should be applied to modern day contexts.…”

“…The core readings introduce the debates surrounding actions of actors in the name of Islam or the leaders of Muslim states and their level of protection and/or level of respect for rights of individuals and groups. First, I always include "Women's Human Rights in the Koran: An Interpretive Approach" written by Niaz Shah (2006). This article sets out a range of positions regarding Islam and human rights.…”

“…After a discussion about the students' thoughts regarding human rights in the Middle East and Islam, a series of lectures follow. The lectures are set up to discuss the range of four approaches regarding Islam and human rights the secular approach, the noncompatible approach, the reconciliatory approach (and a variety of positions within the reconciliatory approach), and the interpretive approach (Shah 2006). 4 Within each approach I lay out the major arguments espoused by individuals of the approach.…”

After Secularism

“…Recently, Al-Atiyat and Barari (2011) and Eslen-Ziya and Korkut (2011) have emphasized the role Muslim activists have played in furthering the rights of women in Jordan and Turkey respectively. Several Islamic scholars have highlighted aspects of Islamic teaching and law that have in many ways contributed to enhancing the rights of women, albeit with several caveats, and that the Koran was in fact intended to enhance women's status in society, rather than be used as a tool for women's oppression (An'Naim 1990: 39-40;Shah 2006). Despite these significant contributions from theology and religious actors towards women's emancipation, feminist International Relations scholars continue to be sceptical and even hostile towards religion, rarely actively engaging with its contributions to global politics, other than in ways that correspond to negative secularist assumptions about religion.…”