f 1M 8 a «Ase ae npkbinae CONTRACT « CASE Goat CAT Pa ppvAes Unto! Mes “Barttar’s PeRM/ss me) eee nan ere Wr IMPROVING THE STATUS OF WOMEN THROUGH REFORMS IN MARRIAGE CONTRACT LAW: THE EXPERIENCE OF THE NIZ ARI ISMAILI COMMUNITY by Ali S. Asani ‘The patriarchal nature of Islamic religious institutions is frequently cited as a major factor cootributing tothe inferior status accorded te Women in many Muslim societies. AN! over the Islamic ‘world the authority to interpre scriptural texts has been traditionally exercised by religious scholars, the lama, a loosely constituted group whose membership is restricted to males. Consequently, this class of scholars has promoted interpretations ofthe shariah that are frequently patriarchal and detrimental to the position of Muslim women. In the process, asthe scholar-acivist Riffat Hasan points out, the ulama have arrogated to themselves the task of defining the ontological, theological, sociological, and eschatological status of Muslim women.! This essay concems an Islamic religious institution which, at least in its con- temporary history, does not fit this mould --the Imamate ofthe Nizari Ismaili community. It discusses the manner in which the Imam, or the herediary spiritual leader of a minority Shii community, though ‘male, has used the full weight of his religious authority to ameliorate the status of his women adherents. Since the marriage contract is a symbolic focal point for gender relations in a community, changes instituted by the Tmanate in Ismaili marriage contract law, beginning in the frst decades ofthe twentieth century, were integral to the process of redefining the role of women in the Nizari Ismaili community. fn the process, the very institution of marriage and its significance for women was reinterpreted. A major focus of the paper will be the primary architect ofthis reformation, Sultan Mubammad Shah Aga Khan II (1877-1957), the forty-eighth Nizari Ismaili Imam, under whose seventy-two year leadership as Imam the most dramatic changes in marriage contract law were instituted. ‘Among Shii Muslims, the Nizar Ismailis are the only group that currently claims to have a living Imam, commonly called Hazir Imam (*preseat imam") or Imaswi Zaman ("Imam of the time").2 According to their belief, the Imam, by virme of his direct descent from the Prophet Muhammad's daughter Fatima (d. 633) and son-in-law Ali (@. 661) is endowed with special knowledge (iim) to inter- prete the Qur'an and provide authoritative guidance on all matters, religious and otherwise. Moreover, the Imam possesses knowledge of the inner or esoteric (pati) aspects of the divine revelation. Itis their belief in the infallible guidance and authority of the living Imam that sets Nizari Ismailis apart from the majority of Muslims, Shii and Suani. In the eighteenth century, the Imems of the Nizari Ismailis were siven the hereditary title "Aga Khan" by the Qajar Shah of Iran and it is by this ttle that they are popu larly known today. At present, the Nizari Ismailis believe that, Shah Karim Al-Huseiai, Aga Khan IV, is the forty-ainth Iman in direct suecession from the first Imam Ali. Since the late nineteenth century, the Ismaili Imams have employed the authority of their religious office to embark on an ambitious program of reform within the Nizari Ismili community. The ‘npetus for reform stemmed from the neil to respond to the growing impact of modernization and ratiogalism on the community and the need io define its identity within the context of the larger Mustim ummah. The reforms involved not only changes in the interpretations ofthe faith and religious practice but also affected the health, education, social welfare and economic aspects of the community's life. With regard to improving the stats of Ismaili women, the principal architect was Aga ‘Khan III whose work has been continued aftr his death in 1957 by his grandson, the current Aga Khan IV. That this was not entirely a male-driven reform program is apparent with the active involvement of ‘Aga Khan II's mother and tho current Aga Khan's daughter Princess Zahra in guiding and implementing change. Improving the status of women Wasa ifelong passion of Aga Khan II. As early as 1926 ho ie on record as declaring Ismaili women to be free and independent. "Your Imam bas brought you total free dom," he said in a speech to his women followers. He further declared, "I do not want Ismaili women dependent on anyone — their parents, husband, or anyone except God."? Critical of interpretations of Islam that do not recognize the rights and dignity of women, he wrote, "Lhave not the least doubt that the whole spirit and teaching of my ancestor the Holy Prophet encouraged the evolution of all legitimate freedom sad legitimate equality between men and women. The responsiblity before God for prayers, for3 action, and for moral decisions isthe same for men and women... I firmly beliove that in encouraging education amongst my religious followers, aad in trying as far as possible to give them equality ~ ‘women with men I have carried out the spist of the holy message of my ancestor (Prophet Mubam- mad].°3 He was critical of forms of veiling and gender segregation such as purdah and zengna prevalent in some Muslim societies as a result of whick women were totally secluded and marginalized from public life. ‘There is absolutely nothing in Islam, or the Koran, or the examples ofthe first two centuries [of Islamic history, to justify this terrible and cancerous growth that has for nearly a thousand years eaten into the very vitals of Islamic scciety....this custom] means the permanent imprisonment and enslavement of half the nation. How can wo expect progress from the children of mothers who Ihave never shared, or even seen, the ies social intercourse of modera mankind? This terrible can- cer that has grown since the 3rd and 4th century (sic of the Hijra must either be cut out, or the body of Moslem society will be poisoned to death by the permenant waste of all women of the nation: Not surprisingly, he strongly discouraged this practice among Ismaili women. In a speech to the Muslim womten of Pakistan be urged them to fight for their rights to pray in mosques. ‘The women here, to my horror, are forbidden to take part in the religious life of the country. In practically every Muslim country the women are allowed to go to mosques for Friday prayers....perhaps the greatest blot in Pakistanis the neglect of Friday prayers by Muslims generally but above all not giving women occassions for participating in these most important prayers. If you are forbidden even prayer what can you expect? The first thing to agitate for is to. et your right for your prayers...on that foundation of religious equality, you cas then build social, economic, patriotic and political equality, with mea.> ‘Aga Khan Ill was also a strong supporter of the right of women to vote in the electoral process and hold elected office for he argued that the inclusior of women would ensure that socially unjust laws would not bbe enacted. His demand for extending political franchise to women was made as early as 1918 whea the ‘most radical ulama were not prepared to sen Muslim womea out ofthe home while others argued that Islam did not sanction female franchise.§ ‘Aga Khan III's passionate views on the status of women led him to introduce 2 com- prehensive reform program for women withia the Ismaili community which included among its most sig- nificant components better education and ecmomic opportuaties. In a speech made to the community ia 1925 he declared, “All the knowledge that is available in the world ~ all of it ~ must remain open for girls to leam and acquire. Girls should be provided with such education that they can sun their own