Prominent Tunisian academic calls for Ijtihad
2009-03-06
In an interview with Magharebia, Professor Amel Grami talks about how Ijtihad can steer the Islamic world towards democracy and gender equality.
By Jamel Arfaoui for Magharebia in Tunis – 06/03/09
 [Jamel Arfaoui] Tunisian academic Amal Grami called for caution in adopting hadiths. |
University professor Amel Grami is one of the most prominent Arab female academics to call for Ijtihad, women’s right to lead prayer and equitable inheritance between males and females. Magaharebia recently spoke with her in Tunis about her calls for reform in the Maghreb.
Magharebia: You have said that in modern Islamic societies, rituals have come to replace real spiritual values, a change which has led to cultural "backwardness". What did you mean?
Amel Grami: We are living in an age of accumulated crises: war, famine, poverty, corruption, unemployment, human rights violations, illiteracy and dependency and others. Also affecting us is the phenomenon of “new slavery", which means control over the masses by sheikhs or preachers or others trying to restore their old glories.
This explains the spread of phenomena such as superficial devoutness, obsession with superstitions, the practice of rituals in public and private places and efforts to add a religious touch to public places, which weakens diversity and pluralism and weakens the margin of freedom. That also explains the disappearance of flexibility and tolerance among people and the spread of hypocrisy, tension, intolerance and hatred.
Magharebia: Can Ijtihad be effective in steering the Islamic world away from its present condition or is secularism the only option?
Amel Grami: Refusal to take responsibility and consequences of decisions, domination of stiff mentalities that insist on practicing the condition of "blindness"- all these impede not just the renewal of Islamic thought but also the course of establishing democracy and pluralism with all of their manifestations. As to the calls for reform within or outside the religious system, we are faced with more than one proposition.
Magharebia: A short time ago, Jamal Al Banna called on Muslims to refine the books of sunna and not take everything from Sahih Imam Bukhari for granted. Do you agree with him on that?
Amel Grami: Jamal Al Banna was preceded by a big number of thinkers who were interested in this issue, especially after the appearance of new methodologies, which opened new fields for examining and probing religious texts according to a concept where the approaches are integrated. Hence, we can’t deal with books like El Sahih and collections of hadiths as if they were isolated from a context where various sects, factions, denominations, creeds and groups were in conflict, where political enmities were strong, where ideological purposes were prominent, and where there were conflicting interests and bad needs for looking for legitimate arguments to strike balances or to sponsor certain goals.
It’s no wonder then that we find certain hadiths that contradict the true essence of the Islamic message. Therefore, we saw hadiths on the hatred of women, rejection of slaves and contempt of black people, etc. This makes caution in adopting all hadiths a necessary thing to do so that this issue can’t be used to tarnish the essence of Islam.
Magharebia: What is your position on female Imams that is sparking controversy among Muslims?
Amel Grami: There are no religious texts that prevent women distinguished in knowledge from leading the prayers. It was just the social considerations disguised in religious form which prevented women from Imama Kubra, Imama Sughra, the judiciary, etc. The issue is related to women’s relation with authorities: whether political or religious, and knowledge, holy things and collective imagined things.
The pulpit is the symbol of authority, sphere of confrontation and show of masculine distinction. Any attempt calling for equality is understood as some sort of transgression on standings, an aggression on men’s privileges, violation of Sharia, call for dissipation and loyalty to the West, etc. and other accusations directed at all these drives which call for women’s participation in the religious field through playing key roles.
Magharebia: The Tunisian woman has long held rights her peers in other Muslim countries do not share. Is this still the case?
Amel Grami: We are noting a change of awareness among the new generations, in particular, about these gains and ignorance of the history of Arab and world feminist movements and the sacrifices made in different countries to gain these rights. It seems to us that the position of Tunisian women started to shake in view of the changes taking place in neighboring countries. For instance, some articles in the Moroccan personal status law are more advanced than what we have in our personal status law, and perhaps considering the husband to be the head of the family is the best proof of that. This requires more keenness on developing these rights if we really want to maintain our leadership position.
Magharebia: Based on your experience, do you find differences between Maghreb and other Arab women?
Amel Grami: The toiling rural woman has certain demands and awareness about herself, existence and body that are different from those of the self-indulgent woman who cares only about consumption, her body and following the latest fashions. [But] there are common aspects among women in all countries, whether in the east or west, and in all cultures, such as women’s experience of violence of all its forms, whether verbal, material [or] symbolic. However, there are also certain aspects that characterise some regions and countries based on their geographical location, history, and economy, which are determined by the same facts and cultural legacy. We can say that Maghreb women have a joint history.
Magharebia: There are some who say that the campaign led by Maghreb women for equality in inheritance violates Islamic Sharia. Do you agree?
Amel Grami: The call for equality in inheritance must be preceded by studies that reveal the practices in everyday life, which actually contradict Qur’anic text that guarantees women's right to inheritance. We don’t have accurate field studies that cover all Muslim countries that would reveal the facts. Traditional thinkers, who call for the application of sharia laws, often neglect this subject. Only a few contemporary scholars have studied the gap between law and practice concerning women’s issues.
Since the Qur’an is the only source of inheritance rules in Islamic societies, I think that it is important to analyze the contexts of verses dealing with inheritance and show the relationship between the divine texts, jurisprudence and the role of ijtihad in responding to social change.
Email to a friend
Print version
مسلم و لا فخر Posted 2009-03-09
In the name of God the most gracious the most merciful. I would like to ask Mrs Amal about her statement that we live in the era of dependency and whether she speaks in general or exclusively about her? What you said was previously said by Christians and Jews. Moreover, your indecent way of dressing shows your dependency on the western vision which considers woman a product and not a human. The other does not know how to treat you women. You refuse to be women who have dignity but you accept to be a product which will make the wealth of others by offering you a small margin which you consider to be freedom. Is having intimate relationships with anyone you want freedom? Is going out without permission freedom? Is wearing indecent clothes and showing your beauty to others freedom? Don’t you say according to your theory of progress, civilization and urbanism… that your freedom ends when the freedom of the other begins?
نور الدين القريشي Posted 2009-03-12
Thanks sincerely Mrs Amal Guerrami and other Arab women intellectuals who work hard to improve the situation of women in the Islamic world, open the way to the equality between genders at all levels, defend the rights of women, eliminate all forms of discrimination including their legitimate right to inheritance, improve her status in economic, political and social life. One of the simplest rules of justice for example is when you have a boy and girl, you divide loaf evenly between them. If we had many women like Amal Guerrami a century or two centuries ago, the Islamic and Arab world wouldn’t have been in its current condition including backwardness, isolation and decline…
abdalah Posted 2009-03-12
Equality in inheritance is a call contrary to the Islamic laws (No Ijtihad in the presence of a text) or (No motive for Ijtihad if a text exists) as it is expressed by many scholars. It is the true text, which expresses its meaning and which couldn’t have any other interpretation.
أبو عبد الله التونسي السنّي Posted 2009-03-12
Concerning the leadership of women in prayer, God the Almighty said “Men are the maintainers of women because Allah has made some of them to excel others and because they spend out of their property” (Annissae: 34). Imma Al Chafii said in the chapter of the mother (1/191): “If a woman leads the prayer of men, women and boys, the prayer of women is acceptable while the prayer of men and boys is unacceptable. This is because He has made men maintainers of women and women cannot be custodians. Women can in no way lead men in prayer”. End.
أبو عبد الله التونسي السنّي Posted 2009-03-12
Leadership of woman in prayer. Al Boukhari (684) and Moslem related on Sahl Ben Saad Saidi, God bless him, that the messenger of God, peace and prayer be upon him said, “if you have doubt while performing prayer, praise God, if you praise God, attention will turn to you, clasping hands is to women”. Al Hafedh said “Woman were banned from praising because they are ordered to always lower their voices in prayer for those who fear temptation.” End. So if women are banned from warning the Imam if he makes a mistake, she rather clasps her hands, so that she won’t raise her voice in the presence of men, how can she lead prayer and preach them. Moslim (658) related on Anas Ben Malik that he prayed behind the messenger of God peace and prayer be upon him together with his grandmother and an orphan, he said I stood behind him with the orphan boy and the old woman behind us”. Al Hafedh said “Women do not line up with men. The motive is to avoid temptation by her.” End. So if a woman stands alone behind the line, does not stand in the same line with them, how can she lead them in prayer as Imam?
Eng.Hasan Al-Bahkali Posted 2009-03-12
“Men are a degree above them”, imitating the West which represents a civilization without morals. “And stay in your houses and do not display your finery like the displaying of the ignorance of yore”. Engineer Hasan Al Bahkali.
Lurker Posted 2009-03-13
Since when is wearing a long-sleeved sweater "Indecent"?!
العين الناقدة Posted 2009-03-14
When the train leaves the trail, every inch which succeeds in its progress is considered an achievement before it loses its balance and overturns causing serious human and material losses whether for passengers or for those who were opposing its movement. Those who go beyond the text or invade it with keys which are not identical to the locks of its secrets, will not be able to overcome the entry steps. Therefore, they break the locks causing damage to both doors and shops. There are many interpretations of the intent of a text if its author did not define its intent or did not appoint someone who would teach the intended meaning of the pronounced text. Therefore, all these interpretations would be probable, on the same ground in value and legitimacy. One would prevail with the power of the argument for a period in which another one is preparing itself or the draft makes an alliance in one removing the prevalent and substituting it. Then all approaches enter in mutual, interactive, or entwined animosity. However, the only losers are the confused followers who are exhausted by the contradictory instructions which disturb their rest and stability. A researcher who invades a text does not find apparently anything allowing or banning him. So he does not study it as deeply, analytically, with the deserved edition and conclusions. Therefore, he will come up with rules which won’t make them live tranquilly and serenely. Moreover, those who invade texts with tools are unable to detect its particles, although simple, but they are necessary. Overlooking them might disturb the intended meaning. Has a plant not broken down for a “nail” which dropped out of its place in a machine which was examined by quasi-technicians and found it undamaged from all sides? However, they have not noticed that nail. Therefore, the owner of the plant called the manufacturing institute which sent a specialised technician expert in every detail about the machine. After a short diagnosis, he found out the defect, repaired it and the plant returned to life. If a tailor wants to pick up needles and pegs on the ground in his shop, does he use a magnet or a similar piece of iron? What if he uses the latter but it attracts nothing and a needle or peg sticks to his fingers, would he accuse the iron of not including magnet or blame himself for his ignorance of metals? Those who say that “There is no legal text which bans a woman who has knowledge qualification to lead prayer” may not have read Qur’an, so what would be their position if they are asked to do so? To be continued.
العين الناقدة Posted 2009-03-14
Those who say that “there is no text banning a woman who has knowledge qualification to lead prayer” may not have read the Qur’an. So what would be his position if he asked to bring it and read it as the sons of Israel were asked to do so when they pretended that he banned them from some food which he banned to himself only and God did not generalise it in Torah “All food was lawful to the children of Israel except that which Israel had forbidden to himself, before the Taurat was revealed. Say: Bring then the Taurat and read it, if you are truthful. Then whoever fabricates a lie against Allah after this, these it is that are the unjust” (Al Imrane: 93-94). Isn’t he lying to God? What would he say of the numerous texts in the book of God when gathered and collected as Qur’an explains itself by itself, refute this claim. Here are some of these texts “Men are the maintainers of women because Allah has made some of them to excel others and because they spend out of their property; the good women are therefore obedient, guarding the unseen as Allah has guarded” (Annissa). “the male is not like the female” (Al Imrane). “And We did not send before you any but men to whom We sent revelation-- so ask the followers of the Reminder if you do not know. With clear arguments and scriptures; and We have revealed to you the Reminder that you may make clear to men what has been revealed to them, and that haply they may reflect” (The bee: 43-44). Let’s suppose presumptuously that these texts or bear many meaning and everyone interpreting them according to his whims, logic would be the judge. If there is no text banning or forbidding a matter, for a person not concerned about it, authorises him to be in the state of the instructed? Is a boy who has not yet reached puberty ordered to clean up from sexual intercourse, or banned from approaching women in their menstruation, so if we don’t find a text banning or ordering the boy for things which concern only adults we are authorizing ourselves to teach him these things as he is a smart boy? So what is the use of this knowledge which will occupy a part of his memory which should be rather filled with information to develop his knowledge suitable to his childhood? (to be continued).
Unimpressed Posted 2009-03-15
Nothing new here. The same old failed westernization schemes masquerading as "progress." Lets become copycats of Europe and America, the biggest terrorists in the world. This woman knows nothing about Islam or faith, she's an atheist. These "academics" are slaves to the same corrupt Godless system which is destroying the world.
العين الناقدة Posted 2009-03-15
To those who say “there is nothing which bans women who have knowledge qualification from leading prayer”, yes there is a ban. It is not a spoken or written text. It is a self-evidence which imposes itself. If both the male and female had the same role, what would be the use of their diversity? Moreover, why do we find opposition between man and woman but not between man الرجل and الرجلة leg; individual المرء and المرأة? Why were the genital parts, emotional system and number of chromosomes different for each of them? Will a plant survive if we extract it, make its land and air parts identical, or reverse it upside down? Will we boast or lie to ourselves to witness the apparent flourishing moments? If we put a sea fish in a bowl wherein there is natural water then it survives for a period, shall we certify that it will continue to live? If a diver manages to stay under water for a few minutes, shall we certify that he is capable of living there without a change in the respiratory system or providing him with an artificial system? The success of the call to “grant women the right to lead prayer”, to “equality in inheritance between men and women” will be in favour of whom? Is it for God? For a group of people? What is the reply of these callers in front of their creator when he will ask them: you have lied, attributed falsehood to me, and mocked my verses and prophets? Shall we worship God with what He legislated to is, shall we worship him with what we have legislated to ourselves, or with what we see as proper for our times taken His words from their appearance or invading it with words which are not in harmony with its content so that every research we make about it will be negative? What would happen for example if someone dialled through the phone a number which is not the same as the requested line? Will there be any interaction? What if a shop changed a number, added or removed a number? If you add a point or delete it from an email, will I reach the intended recipient? The only green line entrusted to us by God is “In the name of God the most gracious the most merciful”. No one should abuse of His words in order to suit his whims to confer on them legitimacy. Is it not courageous to declare expressly, without dodging that he disowns the words of God then he presents his independent religion to people trusting the power of his argument not taking as pretexts the material or moral constraint? In that case he will be respected and will subjugate people if he manages to win the majority. Let him expose the positive points of his religion without cover or mediation of the religion of God.
العين الناقدة Posted 2009-03-16
“There is no text banning a woman who has knowledge qualification to lead prayer” is a statement which is doubtful in its validity. Its author seems not to have studied deeply the book of God or he is learned and knows its existence but he ignores it or is abusive in its interpretation. In the reactions to Mrs Amal, there were many texts which are separated from the lady and her supporters with a secret veil. Let us keep aside these texts temporarily and see what was related about the messenger of God and stick to one issue: all the prayers of women are secret. So is this which is established in the daily agenda of the Muslim woman the result of an invented hadith or the implementation of a wrong interpretation imposed by “sheikhs, preachers and others who try to restore their former glories?” The equality of woman and man in legal rights as a human is indisputable. However, saying that she is akin to him is like comparison of sale to usury “they say, trading is only like usury…”. Maybe this is one of the plights with which Muslims have been plagued throughout history such as “the invention of the Qur’an”…is woman like man? Is it man who has distinguished her from him? Let’s ask shoe factories for the biggest size of shoes for both sexes and the average size for both of them. To what extent is man responsible for the smaller size of the woman's feet than his feet? Has he interfered with a positive legislation directly or indirectly in that creation? Let’s presumptuously suppose that man interfered in legislations to make woman in a lower rank to the point of limiting the development of her body so that it doesn’t reach his. So can the pretender determine this period, where was she absent, why has she not resisted to that legislation while she is still in her natural strength residing in her which is identical to the strength of man? Who said that woman is incapable of performing the same acts of man with high skills? But when she does so, isn’t she driving man to unemployment? Have states today, both developed and underdeveloped, found a practical solution to the growing problem of unemployment which will persist to the day of judgment in the persistence of the belief of similarity of genders? Or will she push him to do her function, will he succeed in all of them or will he fail in pregnancy and breast-feeding? Is the diversity in nature a decoration or need? Is it futility or wisdom? What is the purpose of diversity if not to perform different functions? Does the pencil carry out the same function as a pen? Why don’t we fill in authentic documents with the former? Why don’t we fill in title deeds with the first?
العين الناقدة Posted 2009-03-16
It is true that “some invented hadiths emerged about hating women, hating slaves and despising the black people” so shall we save the correct hadiths or reject all hadiths? And do we correct a mistake with a worse mistake? It is true that humanity has engaged in the project of matching genders despite the denunciation calls, express or repressed, here and there for the deficiencies and psychological distortions undergone by current generations as a result of the changes in the family system. The biggest loser is the child who did not receive the adequate share of affection and compassion. These are lost between a real mother who is exhausted by a job which consumed an important share of her time as she only consecrated a small share which harms them with the concision it accompanies it and psychological pressure on the one hand, an artificial mother who is a grandmother, aunt, sister or maid, or part of an artificial mother such as the nurse or educators who care for many children who get thus only a fraction of care according to their number. Who benefits from the analogy of genders in function? What is the retroactive material effect of this? Is it the happiness of the family which is divided and fragmented? When will it benefit from the accumulated achievements in the corner of the palace which is filled with us and became even corroded as a result of the low use? If woman goes to work and leaves an assistant at home to whom she offers a wage which might exceed her income, in addition to the loss inflicted by the assistant to the achievements within the mentality of disregard of public money. So where is the profit in the operation or is it an abandon of woman for her main function? When the soldier prefers civil to military work, is he protecting his country from the enemy? Of course he prefers more titles of sport events which will gain him fame away from field victories which threaten his life. Shall we bury our heads in the sad like ostriches or plan on the long term for counter shifts until we achieve return to authenticity and until man is reconciled with himself? The issue is not that easy and requires patience, time, requires flexibility to ensure the shift. This was not understood by some impulsive sides which chose violent shift disregarding rules of nature.
العين الناقدة Posted 2009-03-17
“The essence of Islamic message/In a religious dress/ male notability/ religious field”, the person who uses this language has not and will not understand anything in the religion of God. He is like a person who suffers from colour blindness who sees red green. He is excused in some way when he confronts this priority, when he rejects following up after discovering the driving defect. But can breaks be neglected while injuries follow his body with suffering and pain? Will he forgive the person who granted him the driving licence notwithstanding his visual impairment? Let’s contemplate this “And they shall say: We believe in it. And how shall the attaining of faith be possible to them from a distant place? And they disbelieved in it before, and they utter conjectures with regard to the unseen from a distant place”. (Saba: 52-53). People who were in life interpreting the words of God with tools which did not allow them to understand the intended meaning. Moreover, they attributed to it words which did not occur in it or the Arabic language. “They utter conjectures with regard to the unseen from a distant place”. So is there an “Islamic” message, a Christian, a Jewish, or Buddhist…? In which language do we find such expressions: “religious dress, male notability, religious field? Its user, unknowingly uncovers the nature of his belonging to the religion of God, the sincerity of his concern and defense of it. He should know that Islam is not a proper name of a religion called for by Mohamed, peace and prayer of God be upon him. It is a state of worship and we find on the opposite side disbelief in God. This state applies to the communist, socialist, capitalist, secularist or liberal. You submit your face to religion, which means you believe in it, full submission for which you sacrifice money, soul and blood. Reality bears evidence of death for it whether he is American, Israeli, Afghan, Iraqi or Palestinian…There are two Muslims (submissive) one to God, and the other to some other side but not God. “And they say: None shall enter paradise except he who is a Jew or a Christian. These are their vain desires. Say: Bring your proof if you are truthful. Yes! whoever submits himself entirely to Allah and he is the doer of good (to others) he has his reward from his Lord,”. Everyone is submissive but to whom? Everyone says: In the name of God but is it “the most gracious the most merciful” or “the cursed Satan”? Every wise and smart person should notice the duality how they came in the same grammatical form and the difference between the most merciful (الرحيم ) and cursed (الرجيم ) is a point.
عبد الله التونسي Posted 2009-06-15
It is clear that such ignorant ‘academician’ who is one of those who are insolent to their masters scholars of the nation, to the simplest and most important postulates of the tolerant Islam has found a tool to communicate their dissonant voices which don’t require a high intelligence to uncover their void except from agency to Zionists and Americans. Oh managers of the site, respect the orders of God. You should know that you will return to God and will ask you about what you put in the hands of readers and about every word of the trivialities of these idiots who pretend to be learned, ignorant heads, preachers on the gates of hell. Repent to God or God will reward you with what you deserve. God suffices us and He is the best mandate.
abou oussama Posted 2009-10-17
If the world is sick nowadays and if social evils are worsening in this century, where there is no lack of piles of money, then it is because of the fact that our leading class and our thinkers ignore that in this lowly world there are constants and variables to be thought about!!!
We welcome your comments on Magharebia's articles.
It is our hope that you will use this forum to interact with other readers across the Maghreb. In order to keep this experience interesting, we ask you to follow the rules outlined in the comments policy. By submitting comments, you are consenting to these rules. While Magharebia.com encourages discussion on all subjects, including sensitive ones, the comments posted are solely the views of those submitting them. Magharebia.com does not necessarily endorse or agree with the ideas, views, or opinions voiced in these comments. This is a moderated forum. Comments deemed abusive, offensive, or those containing profanity may not be published.
Magharebia's Comments Policy