Reinterpretating patriarchy

Reinterpretating patriarchy

Damanhuri, Contributor/Jakarta

Kembang Setaman Perkawinan: Analisis Kritis Kitab 'Uqud al-
Lujjayn
(Miscellany of Marriage: Analysis of the 'Uqud al-Lujjayn Text)
Forum Kajian Kitab Kuning (FK3)
Kompas Books Publisher, April 2005
xxii + 336 pages

Abuse of and violence against women are of diverse origins.
Customs, dominant ideologies and interpretations of religions,
for instance, are frequently referred to as the main pillars of
the advance and perpetuation of the patriarchal order, which
corners women's positions.

With traditions, ideologies and religious interpretations --
often complexly interwoven -- as shelter, the disparities in
relationships between women and men continue to be maintained and
preserved as if they were something natural and even divine.

Consequently, even if women's existence and roles in public
life are recognized, they constitute a mere complement to men, a
subordinate and second-class group. On the opposite extreme, men
retain their position as a superior, ideal figure and the center
of women's obedience.

It is this inequality and gender bias that many circles have
started questioning lately. Various activists have raised the
issue of patriarchal communities and strive to make new
interpretations of man-wman relationships that are emerging.

The attempt by Siti Musdah Mulia's group, recently proposing a
Counter Legal Draft (CLD) of the Islamic Law Compilation (KHI),
for instance, was an important part of the process toward
realizing their aspirations.

Forum Kajian Kitab Kuning (FK3), headed by Sinta Nuriyah, is
an institution that deals with the same concern, and along with
Siti Musdah Mulia, Hussein Muhammad, Badriyah Fayumi, Zuhairi
Misrawi and other activists, is enthusiastically campaigning for
the creation of a society without gender bias.

While critically reviewing all religious interpretations of
man-woman ties considered gender biased, it also seeks to
formulate new anti-patriarchy understandings. Kembang Setaman
Perkawinan: Analisis Kritis Kitab 'Uqud al-Lujjayn is one of the
works resulting from the long quest.

Although nothing novel is presented in its discourse on
Islamic femininism, the choice of the 'Uqud al-Lujjayn text as
the core of analysis gives Kembang Setaman a special place among
other books delving into the same theme.

The 'Uqud al-Lujjayn, written by Syeikh Nawawi al-Bantany
(1813-1897), is an Islamic jurisprudence on the rights and
obligations of husband and wife, and is most frequently used as
the main source of reference in the tradition of Indonesia's
Islamic boarding schools.

In fact, from the perspective of Islamic femininism, most of
the text's content fully support the unequal husband-wife
relationship, which concerns us all.

Through an intense study of the verses, prophetic words and
deeds (hadits) used to justify the practices of "domestication"
and abuse of women in 'Uqud al-Lujjayn, it has been discovered
that previous analyses on the verses contain serious flaws that
demand a review.

The verses that have so far been interpreted as seemingly
justifying the practice of a husband beating up his wife
(nusyuz), the leadership monopoly by a husband, the absence of a
wife's right to property, for instance, are opposed to the basic
spirit of the Koran and Hadits, which call for equality and
justice.

The same is true of the hadits typicall quoted as providing
the basis for a wife's obligation to totally obey the wishes of
her husband. After an examination of the validity of sanad (links
of those related hadits) as well as matan (substance of hadits),
most of the hadits in al-Lujjayn are weak, defective and even
mysterious.

Therefore, amid serious attempts at advocating women's rights,
which have been denied for such a long time already -- let alone
the use of religious interpretations as an excuse and argument to
perpetuate this denial -- this book is worthy of appreciation.

And by agreeing with the methodology of interpretation verses
in the Koran and a critical scrutiny of Hadits applied by writers
of this book, we are in fact also striving to do what Muslim
feminist Asma Barlas calls "unreading" a patriarchal
interpretation of the Koranic verses -- that is, reading the
Koran in a way that sets women free.

Through such means, the creation of an non-patriarchical
society can hopefully approach reality.

The writer is pursuing a Master's degree at the Islamic
College for Advanced Studies (ICAS) in Paramadina, Jakarta.