The cultural articulation of patriarchy: legal systems, Islam and women.

Abstract

Patriarchy in Pakistan results in inequalities to women. Issues emphasized include Islamic customary laws, the movement to Islamize penal and social behavioral codes, the mislabeling of Islamic beliefs as "westernization", and the rising women's movement's attempt to oppose present trends. Many practices thought to reflect Muslim culture are really the infliction of Islamic religious principles on pre-existing behavioral codes in Pakistan; thus, such practices are not actually Islamic teachings and are used to control social behavior. It is necessary to separate Islamic institution and actual Pakistanian practices in order to identify Islamic ideology's role in sustaining and vindicating patriachary. 3 roots of shaping jurisprudence are customary law, religious law, and British civil and criminal law. Further investigation of customary and religious laws currently employed indicates acceptance of Muslim practices promoting superiority of men and rejection of Islamic teachings promoting women's rights. Such Islamic teachings include a marriage settlement requiring men to give money to their wives, acknowledgement of marriages as an agreement between consenting adults, and a woman's right to divorce. Customs contradicting Islamic teachings and leading to inequalities for women include denial of a woman's access to economic resources, the annulment of the marriage settlement, and the relative ease of Muslim men to divorce their wives. Some communities practice purdah in which women are secluded from men and excluded in economic and political decisions. Such social restrictions minimize women's involvement in political decision making and in the judiciary. Exercising their right to vote and participating in trade unions, women would influence decision making. Resistance to current practices has been trade unions, women could influence decision making. resistance to current practices has been primarily from upper and middle class women; but to be effective all classes of women must unite. PRoblems confronting the women's movement are the need for a common language to communicate feminist messages to other developing countries and the movement being labelled westernized. To challenge Islamic ideology, the inequalities faced by women must be exposed and consensus and reasoning must be employed to establish equality. Furthermore, women must be ensured access and control over their economics resources and allowed to freely marry and divorce.