Yoni - Blog 1

In her piece, Ziba Mir-Hossini writes about her debates with the clerics of payam-e zan with whom she discusses sex inequality in Iran. Their discussions were mainly focused on whether sex equality can be achieved within the framework of feqh (Islamic legal theory). The ground for this discussion is established with the first question—can feqh provide justice? The clerics believe that justice is already achieved within feqh, since women have their own duties and rights just as men have their own duties and rights based on their different natures. Mir-Hossini accepts that physical differences exist between sexes but does not accept that duties and rights are intrinsic at birth or related to one’s sex. Mir-Hossini raises the possibility of the benefit that experts from fields of psychology, sociology etc., could have on justice in marital ruling. The clerics agree that indeed religious ruling has its limitations, yet they also see religion as a science, and therefore see no reason to turn to non-religious scholarship for answers. So, it seems that there is a fundamental disagreement regarding the separation between science and religion. Though it may appear that Mir-Hossini and the clerics had relatively open discussions, parts of the debates were omitted and edited by the clerics. This demonstrates that the clerics assessed her opinions as external and her questions as “intrusive”, this is also an act of censorship, which should not be necessary in a respectful conversation regarding matters of rulings that effect many people.  

Kecia Ali also touches on the point of gender inequality of marital laws in Islamic ruling. First, Ali points out that in countries that do not follow Islamic law, dowry is not enforced legally, leaving the decision to pay or not to pay, to men. This is only an issue when divorce laws are inequal, if woman got half the fortune that the couple have together, they would not have to depend on a dowry. Second, the idea of a dowry is that a man buys the right to a women’s virginity, this in and of itself is incredibly objectifying, and creates a measurable worth for each woman, which is her virginity. The problems of dowry that is enforced by the state is shown in Divorce, Iranian Style. As depicted women, even if legally can demand their dowry upon divorce, end up forsaking this right just to finish the legal process that is made wretched for them. It was remarkable for me to see in this movie how the state is involved in the intimacy of couples and in their relationships. To the point where arguments of sexual satisfaction come to be the main point of a case. 

Iran is not the only state where religious tradition dictates martial status. In Israel for example, for Jewish citizens, the rabbinical institution mediates divorce cases on the bases of Jewish law (Muslims and Christians have their own religious justice system). The rabbinical institution also dictates a male-divorce-superiority where a divorce can be attained only thorough the acceptance of the man. An Israeli movie ‘Gett: The Trial of Viviane Amsalem' critically examines an individual divorce case. In this movie, one can get a glimpse of the process and the consequence of the clash between religion and state.  

A short review of the movie ‘Gett: The Trial of Viviane Amsalem' and its official trailer can be found here - https://www.haaretz.com/life/television/gett-wins-big-at-hamptons-film-fest-1.5315365