Abstract
This chapter examines the dynamics of Muslim marriages among women in Cape Town, employing Carole Pateman’s Sexual Contract as a theoretical framework. Pateman’s work elucidates the inherently patriarchal nature of social contracts, providing a valuable lens to understand the fraternal nature of Muslim marriages. The chapter explores the nikāḥ (Islamic marriage contract) and its limitations for women, addressing questions of agency, choice, and power within this cultural context. Against the backdrop of diverse historical backgrounds and societal histories, the research discusses the societal and religious significance of marriage. This exploration which took place through focus groups, reveals internalised pressures compelling women to fulfill cultural and traditional roles. Marriage is seen as central to perfecting one’s faith, yet entrenched hierarchies often privilege male interests, placing women in subordinate roles. The nikāḥ, conceived as both a marriage contract and a pre-nuptial agreement, is often underutilised by women due to limited bargaining power. Historical practices, such as the link between virginity and worth, have perpetuated inequalities. The mahr (dowry), designed for financial security, sometimes contributes to the expectation of a wife’s obedience, reinforcing hierarchical relationships. Uniform patterns in Muslim women’s marriage practices reveal that civil marriages or pre-nuptial contracts alongside a nikāḥ are rare. Polygamous marriages present additional challenges, exacerbating discrimination against women and lacking legal recognition in civil law.
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Notes
- 1.
Jami’ at-Tirmidhi, Volume 4, Book 35, Ḥadīth 2521. For full collection: https://quranx.com/Hadith/Tirmidhi/DarusSalam/.
- 2.
This was a general summary taken from reading many translations to this verse.
- 3.
- 4.
A Stepford Wife is understood as a wife who dutifully serves her husband in an almost unthinking manner and does as he pleases. The term originated from Ira Levin’s 1972 novel ‘The Stepford Wives’.
- 5.
The issue of divorce will be fully analysed in the next chapter.
References
Ali K (2006) Sexual ethics and Islam: feminist reflections on Qur’an, Hadith, and jurisprudence. Oneworld Publications
Ali K (2010) Marriage and slavery in Eary Islam. Harvard University Press
Amien W (2014) The recognition of religious and customary marriages and non-marital domestic partnerships in South Africa. In: Eekelaar J, George R (eds) Routledge handbook of family law and policy. Routledge, London, pp 26–44
at-Tirmidhi, Jami’ Volume 4, Book 35, Ḥadīth 2521. For full collection: https://quranx.com/Hadith/Tirmidhi/DarusSalam/, checked on 20/10/2023
Bano S (2016) Muslim women and Shari’ah councils. Transcending the boundaries of community and law. Palgrave Macmillan, Basingstoke
Fayker-Abrahams H (2015) South African engagement with muslim personal law: the Women’s Legal Centre, Cape Town and women in muslim marriages. In: African Gender Institute Feminist Africa (15), pp 39–62. Available online at https://feministafrica.net/wp-content/uploads/2019/10/fa_15__case_study_hoodah_abrahams-fayker.pdf, checked on 20/10/2023
Hassam v Jacobs NO and Others (CCT83/08) [2009] ZACC 19; 2009 (11) BCLR 1148 (CC); 2009 (5) SA 572 (CC) (15 July 2009). Available online http://www.saflii.org/za/cases/ZACC/2009/19.html, checked on 20/10/2023
Khan NA (2019) Please don’t fight your spouse after this khutbah - Khutbah by Nouman Ali Khan - YouTube. Bayyinah Institute. USA (Friday Khutbah). Available online at https://www.youtube.com/watch?v=q5-Noxu9zMw&feature=youtu.be, checked on 20/10/2023
Khreegi, Y (2014) Women in the writings of Muhammad ‘Abduh. PhD thesis. SOAS, University of London. https://doi.org/10.25501/SOAS.00020318
Macfarlane J (2012) Practising an ‘Islamic Imagination’: Islamic divorce in North America. In: Korteweg A, Selby J (eds) Debating Sharia: Islam, gender politics, and family law arbitration. University of Toronto Press, Toronto, pp 35–65. https://doi.org/10.3138/9781442694439-004, checked on 20/10/2023
Mohanty CT (1984) Under western eyes: feminist scholarship and colonial discourses. boundary 2 12/13:333–358. https://doi.org/10.2307/302821
Moosa N (2009) Polygynous Muslim marriages in South Africa: their potential impact on the incidence of HIV/AIDS. PER: Potchefstroomse Elektroniese Regsblad 12(3):65–96. Available online at http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1727-37812009000300004, checked on 20/10/2023
Motzki H (2018) Marriage and divorce. In: McAuliffe JD (ed) Encyclopaedia of the Qurʾān. Brill, Georgetown University, Washington DC
Mukaddam F (2017) The institution of marriage: a case study on social pressures surrounding marriage in Muslim Indian communities in Johannesburg. Altern J 24(1):107–126. Available online at https://journals.ukzn.ac.za/index.php/soa/article/view/733, checked on 20/10/2023
O’Donovan K (1985) Sexual divisions in law (law in context). Weidenfeld & Nicolson Ltd
Pateman C (1988) The sexual contract. Stanford University Press, Stanford
Sahih-Bukhari, Vol. 7, Book 62, Ḥadīth 81. Available online at https://www.sahih-bukhari.com/Pages/Bukhari_7_62.php, checked on 20/10/2023
Suliman S (2012) Becoming an honest woman. University of the Witwatersrand Campus Newspaper, Vuvuzela
Thompson S, Hayes L, Newman D, Pateman C (2018) The sexual contract 30 years on: a conversation with Carole Pateman. Fem Leg Stud 26:93–104. https://doi.org/10.1007/s10691-018-9368-1, checked on 20/10/2023
Uddin I (2018) Nikah-only marriages: causes, motivations, and their impact on dispute resolution and Islamic divorce proceedings in England and Wales. Oxf J Law Relig 7(3):401–426. https://doi.org/10.1093/ojlr/rwy051
Unicef (2019) Child marriage. Child marriage is a violation of human rights, but is all too common. Edited by Unicef. Available online at https://data.unicef.org/topic/child-protection/child-marriage/, checked on 20/10/2023
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Mukaddam, F. (2024). Social Context of Women’s Experiences. In: Muslim Women between Community and Individual Rights. Gender, Justice and Legal Feminism, vol 4. Springer, Cham. https://doi.org/10.1007/978-3-031-54614-3_7
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