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UNIVERSIDAD AUTÓNOMA DE MADRID

Facultad De Filosofía Y Letras

Instituto Universitario De Estudios De La Mujer

Programa de Doctorado en Estudios Interdisciplinares de Género

Tesis Doctoral

Presentada Por Amira Salah Elsharkawy

Bajo La dirección De Prof. Dra. Dª. Elena Beltran

2020

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« The woman'' was perceived as essentially, or exclusively, a sexual being, unlike ''the

man'' who was only partly understood in terms of his sexuality. Women were held to

possess a more powerful sexual drive than men, posing a threat to society because of the

chaos or fitna they could unleash. It was popularly believed that the mere proximity of a

woman to a man would lead to sexual relations. To make matters still more fraught,

women's sexual purity was linked to the honor of men and the family, while men's sexual

purity was not linked to their own honor nor to that of their women and family. »

Margot Badran

Badran, M. (1996). p5

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FEMALE GENITAL MUTILATION: BETWEEN

RELIGION AND TRADITION

Table of Contents

Abstract…………………………………………………………………………. vi

Abstract (In Spanish) …………………………………….……………………. vii

Acknowledgments…………………………………………………….………… viii

Abbreviations and Acronyms………….………….…………………………… ix

Religious Terms in the Thesis ……………………………….…...……………. x

Introduction ……………………………………………………………………. 11

Chapter 1: Roots of Egyptian feminism of the 19th and 20th century...……… 20

1.1 Introduction …………………………………………………………………. 20

1.2 Modernization and intellectual enhancement during the 19th century………. 24

1.3 Egyptian Male reformers and the emancipation of women…………………... 33

1.4 The Emergence of the Egyptian feminist conscience………………………... 44

1.5 The 1919 Revolution and Women’s Participation in the Political Life. …….. 53

1.6 The Creation of the Egyptian Feminist Union in 1923………………………. 58

Chapter 2: Women’s Status starting from 1952 till now………………….……. 64

2.1. Introduction…………………………………………………………………. 63

2.2. Egyptian feminism between two revolutions………………….…………… 66

2.2.1. A turning point for feminism …………………………………………. 65

2.2.2. Legal attempts to improve the situation of women since the 1970…… 70

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2.2.3. A period of setbacks in Women’s historical gains……………………. 80

2.3. Towards addressing violence in the new era of the state……………………. 86

2.3.1. Violence as a broad term ……………………………………………. 86

2.3.2. Violence in the Egyptian Society……………………………………. 92

2.3.3. The role of the media ………………………………………………. 96

2.3.4. International recognition of violence against women as a problem…. 99

Chapter 3: Female Genital Mutilation/Cutting (FGM/C). 107

3.1. Introduction…………………………………….............................................. 107

3.2.FGM: Terminology and Classification ………………………………………. 109

3.3.Negative Physical, Psychological and Sexual Effects of FGM …………........ 117

3.4. Women suffering FGM on Gender basis……………………………………. 121

3.5.International and National Recognition of FGM as Violence……………....... 131

3.6.Legislation on FGM in Egypt………………………………………………. 134

Chapter 4: Is FGM an Outcome of Islam? 145

4.1. Introduction…………………………………………………………………... 145

4.2. Islam a guidance for Muslima: An overview…………………………………. 149

4.2.1 Body, Marriage and Family in Islam. …………………………...……....... 152

2.2.2 Equality in Islam: Each responsible for own deeds……………………. 158

4.3. Female genital mutilation a mandatory religious act or imposed on religion 163

4.3.1 A mandatory practice in the name of religion……………………………. 165

4.3.2 A custom with no religious basis…………………………………………. 167

Conclusions ………………………………………………………………………... 175

References…………………………………………………………………………. 185

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ABSTRACT

The problem of female genital mutilation by which the external genitalia of girls are cut

has always been an endemic problem in Egypt despite the lack of data. Existing studies

reveal that such practice existed in Egypt since ancient times. However, feminist calls to

combat it began since the 1990s. This fact led to a public debate until its abolition in 2008.

With the January 2011 Revolution, Egyptian society went into shock, when calls were

made to revive the illegal practice of female genital mutilation. With the rise of patriarchal

Islamists to power, efforts were made to revive the practice of female circumcision that

had been outlawed in Egypt since 2008.

Female genital mutilation has always been painted as a religious act, the fact that

helped to increase the sense against Islam on the issue of women's rights. Therefore, in

this thesis I advance through a hypothesis: female genital mutilation is not related to

Islam, but the misinterpretation of religion by patriarchal societies is responsible for

women being exposed to such practice. Therefore, the objective of investigating FGM is

primarily to address fundamental issues related to practice and try to refute

misconceptions about female genital mutilation and Islam. After investigating the rights

granted to women by Islam by reading the verses of the Qur'an and religious opinions on

various topics, including the issue of female genital mutilation, I came up with a result

that is the subordination of women and their position meant that patriarchal thoughts are

socially constructed

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RESUMEN

El problema de la mutilación genital femenina por la que se cortan los genitales

externos de las niñas siempre ha sido un problema endémico en Egipto a pesar de la

escasez de datos. Los estudios existentes revelan que tal practica existía en Egipto desde

la antigüedad. Sin embargo, los llamamientos feministas para combatirla comenzaron

desde los anos noventa. Este hecho originó un debate público hasta conseguir su abolición

en 2008. Con la Revolución de enero de 2011, la sociedad egipcia entró en estado de

shock, cuando se hicieron llamamientos para revivir la práctica ilegal de la mutilación

genital femenina. Con el ascenso de los islamistas patriarcales al poder, se hicieron

esfuerzos para revivir la práctica de la circuncisión femenina que había sido ilegalizada

en Egipto desde 2008.

La mutilación genital femenina siempre ha sido pintada como un acto religioso el

hecho que ayudó a aumentar el sentido contra el islam en el tema de los derechos de las

mujeres. Por eso, en esta tesis avanzo a través de una hipótesis: la mutilación genital

femenina no está relacionada con el islam, sino que la interpretación errónea de la religión

por parte de las sociedades patriarcales es responsable de que las mujeres estén expuestas

a tal practica. Por lo tanto, el objetivo de investigar la MGF es principalmente abordar

cuestiones fundamentales relacionadas con la práctica y tratar de refutar los conceptos

erróneos sobre la mutilación genital femenina y el islam. Después de investigar los

derechos otorgados a las mujeres por el islam al leer los versos del Corán y las opiniones

religiosas sobre varios temas, incluido el tema de la mutilación genital femenina, salí con

un resultado que es la subordinación de las mujeres y su posición significaba que los

pensamientos patriarcales se construyen socialmente

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ACKNOWLEDGMENTS

With the completion of this thesis the pleasurable moment has come to remember

the people who encouraged me to complete this research and to offer them my gratitude.

I start with the professors of the Women’s Institute of the Autonomous University of

Madrid, and in particular Professor Yolanda Guerrero, for the continuous help and

support provided for this study. The guidance and advice I received from my professors

during my Masters’ degree and my PhD research are deeply appreciated. I am deeply

grateful to Professor Elena Beltran, Professor Cristina Sanchez, and Professor Silvina

Alvarez whose comments and edits greatly improved this paper. Also, I would like to

express my gratitude to all the people who, directly or indirectly, have contributed to the

elaboration of this thesis.

To my mother and father: There is no one word that can describe how much I

appreciate your continuous efforts to raise me without any type of discrimination for

being a girl. You were always by my side in my own decisions and always gave me the

courage to move on with my educational journeys. To Yassin: Your continuous wishes

and prayers that I finish my PhD as soon as possible are truly appreciated. To my sisters

and my friends: Thank you for your support, help and encouragement towards finishing

my PhD thesis. I am also grateful to the Egyptian women whom I met in Cairo and

allowed me to discuss with them in informal conversations their personal experiences

with female genital mutilation. It is my hope that this study will uncover some of the

erroneous convictions regarding women.

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ABBREVIATIONS AND ACRONYMS

CEDAW Convention on the Elimination of all forms of Discrimination Against Women

CRC The Convention of the Rights of the Child

CSW Commission on the Status of Women

EDHS Egyptian Demographic and Health Survey

FC Female circumcision

FGM/C Female genital mutilation or cutting

ICPD International Conference on Population and Development

IMAGES International Men and Gender Equality Survey

NGO Non-governmental organization

NCW National Council for Women

MB Muslim Brotherhood

UNDP United Nations Development Program

UNFPA United Nations Population Fund

UNICEF United Nations Children’s Fund

UNIFEM United Nations Development Fund for Women

USAID U.S. Agency for International Development

WHO World Health Organization

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RELIGIOUS TERMS IN THE THESIS

Ayah. Is the Arabic word “verse” which refer to one statement of various

statements which make up a chapter “Surah” in the Quran. Each Ayah

of the Quran is marked by a number. When there is a reference to more

than one Ayah, they are referred to by Ayat

Al-Azhar Al-Azhar is an Islamic institution which is the main responsible for

religious studies and Islamic affairs inside Egypt. The Grand Sheikh of

Al-Azhar is appointed by law from among the council of senior

scholars and is considered independent from the state authorities

Fatwa. A fatwa (fatawa in plural) in religion is an Islamic pronouncement on a

certain issue. It has to be made by an expert or a specialist in religious

law when uncertainty takes place on a certain issue in the Islamic

jurisprudence. The religious foundation in Egypt authorized in issuing

fatwas to the masses is Dar al-Ifta al Misriyyah and the person

authorized for this task holds the title of the Grand Mufti

Figh Understanding the Islamic jurisprudence

Hadith. Plural ahadiths refers to all what is said by prophet Muhammed

Haram It refers to any sinful action which is prohibited in the Muslim religion.

Hijab A head scarf or veil covering the hair. In Islam Muslim women are

requested to cover their hair and body leaving hands and face uncovered.

This request has been mentioned in the Qura’n in Surah An-Nur

and Surah Al-Ahzab of the Quran.

Ijmae It means consensus of Islamic scholars on a religious matter

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khul It refers to the divorce initiated by a wife by a judicial decree with

returning to her husband the amount of the dowry or what she received

from her husband.

Mufti Mufti or Grand Mufti occupies the highest religious authority in Egypt

and he is the one responsible of issuing fatwas on religious matters.

Prophet The prophet is the Messenger of God sent to humanity for leading them

to the good path in life according to God’s instructions. In the Islamic

religion, Prophet Muhammed is believed to be the last messenger of

God who was responsible of spreading the message of Islam

Quran Quran is the sacred book of the Islamic religion. It was revealed by God

on the tongue of angel Jibr to the prophet of Islam Muhammed and it

was carefully memorized by Muhammed’s companions. After the death

of the prophet, to save the Qur'an from being forgotten, the Qur'an was

collected in one book (Mushaf) by the order of the closest companion of

the prophet Abu Bakr al-Siddiq. Reading the Qur'an and memorizing it

are between the acts of worship by the Muslim towards his creator Allah

since everything in the life of a Muslim is linked to this book.

Ramadan Ramadan is a period of 30 days known as the holy month of Ramadan

during which Muslims fast from eating or drinking starting from sunrise

till sunset.Women are exempted from fastening during their menstrual

period of this month as well as from performing their prayers

Schools of fiqh Schools of Islamic thought or Islamic jurisprudence. Each of these

schools is called Mazhab which refers to a group of religious opinions

which dectate a certain rule for each issue. The accepted schools of fiqh

are; Maliki, Hanafi, Shafii, and Hanbali.

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Shafi`i Islamic law which include all laws, rules, regulations derived from

The main sources of Islam; Quran and Sunna in order to achieve

people's interests and happiness in matters of worship, morality and

dealing with others in all fields and systems of life.

Sheikh A tittle given to an Islamic cleric. Also, it is used for the highest

official in Al-Azhar who is titled Sheikh of al-Azhar

Surah Quran consists of 114 Surah (chapter) each is given a name.

Sunna. The Sunnah is the second source of legislation in Islam. It includes all

information about the prophet’s moral, ethical qualities, including

daily details of his relationship with his companions, his relationship

with his wives, and his attitudes with other people. It has been

transmitted from generations to generations.

Tafsir. It is a term which refers to the explications of the Quran.

Waed It is a custom prevailed in pre-Islamic period through which girls were

buried alive just after birth

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INTRODUCCIÓN

La historia de la humanidad está llena de múltiples formas de violencia contra las

mujeres, tanto en la vida privada como en la pública. Es un fenómeno universal que

afecta a las mujeres de todo el mundo independientemente de su credo, educación, edad

o situación económica. La violencia contra la mujer existe desde que el hombre está en

la tierra y este hecho ha ido pasando por las diferentes etapas de la historia hasta llegar

finalmente a nuestro tiempo. Si analizamos el problema a través del prisma de género,

una de las características distintivas de la violencia dirigida hacia las mujeres es que hay

un objetivo específico: controlar a las mujeres y someterlas al poder masculino. ¿Con qué

finalidad? Para proteger y mantener un sistema de poder en la vejez, que la teoría

feminista define como patriarcal. Según esta teoría, el concepto de Patriarcado organiza

la relación binaria hombre / mujer y transforma las diferencias biológicas entre ellos en

desigualdades sociales establecidas donde se atribuyen ciertos valores a cada sexo. La

violencia se produce a partir de este sistema para mantener el poder masculino.

En ciertas sociedades donde las relaciones humanas se rigen severamente por

normas patriarcales, la violencia a menudo se disfraza de costumbres y prácticas sociales

que se transmiten a través de la cultura y luego afectan a la mujer. A menudo estos hechos

son defendidos por estereotipos comunes y frecuentes conceptos erróneos culturales

sobre las mujeres. Entre ellos, la idea de que una mujer no es totalmente responsable de

proteger su honor o virginidad y esto ocupa un lugar primordial. Este concepto está

vinculado a una creencia común adoptada por algunos conservadores que describen a las

mujeres en general como seres humanos que poseen una enorme pasión sexual que podría

conducir al caos moral.

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Desafortunadamente, están justificados por un discurso religioso por parte de algunos

segmentos radicales de la sociedad que usan interpretaciones erróneas de la religión para

degradar a las mujeres en contra del alto estatus que el Islam les otorgó. Esto hace que un

amplio abanico de mujeres de la sociedad egipcia esté en una situación de inferioridad en

la que sufren ciertas formas de violencia tanto en el ámbito privado como en el público

como resultado de esos estereotipos.

El problema de la violencia contra las niñas y las mujeres siempre ha sido un

problema endémico en Egipto a pesar de la escasez de datos. Los estudios existentes

revelan que existían varias prácticas violentas en la antigüedad. Sin embargo, los

llamamientos feministas para combatir la violencia comenzaron en el siglo XX y, en,

concreto cuando comenzaron a exigir la abolición de ciertas prácticas. Entre ellas, la

mutilación genital femenina, por la que se cortan los genitales externos de las niñas. Este

hecho originó un debate público hasta conseguir su abolición en 2008. Con la Revolución

de enero de 2011, la sociedad egipcia entró en estado de shock, cuando se hicieron

llamamientos para revivir la práctica ilegal de la mutilación genital femenina. Con el

ascenso de los islamistas patriarcales al poder, se hicieron esfuerzos para revivir la

práctica de la circuncisión femenina que había sido ilegalizada en Egipto desde 2008.

Con este objetivo se difundió entre los ciudadanos analfabetos la idea de que las niñas

que no estaban circuncidadas carecían de fe religiosa. Se hizo evidente que, a pesar de los

esfuerzos realizados para combatir la circuncisión femenina en las últimas décadas, y a

pesar del compromiso de Egipto con las convenciones y acuerdos internacionales sobre

mujeres que el Estado ratificó, esas llamadas de reactivación de la mutilación genital

femenina utilizaron el mismo discurso retórico sobre la circuncisión femenina. Las

mujeres vieron en tales llamadas un retroceso frente a las ganancias de todo lo conseguido

en las diferentes fases históricas. Sorprendentemente, esas llamadas se hicieron después

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de varias décadas de lucha para poner fin a tal práctica en un país conocido por su larga

historia de feminismo y hogar de la institución islámica más antigua y más grande "al-

Azhar" con sus opiniones moderadas sobre el Islam.

La lucha contra la mutilación genital femenina siempre ha estado presente en la

batalla de las feministas contra la discriminación de la mujer, aunque se puede argumentar

que el caso de la violencia contra las mujeres en períodos de agitación política era una

mera distracción de la situación política en curso. Sin embargo, el tema de la violencia

contra las mujeres es más profundo que una situación política, siempre estuvo presente

en la ideología del extremismo y el patriarcalismo. Siempre se había utilizado contra las

mujeres por ejercer el poder masculino. Teniendo en cuenta que el término violencia

contra las mujeres abarca una variedad de prácticas y dado que cubrirlas está más allá del

alcance de este estudio, por lo tanto, el enfoque principal de esta tesis estará en la

mutilación genital femenina, que ha sido un tema polémico en Egipto.

Objetivos

Mi desagrado como mujer musulmana residente en un país extranjero donde es una

idea generalizada que todas las prácticas discriminatorias contra la mujer son el resultado

del Islam me empujó a investigar la verdad de tal práctica en las fuentes árabes y

religiosas. En esta tesis avanzo a través de una hipótesis: la mutilación genital femenina,

así como otras prácticas violentas contra las mujeres, no están relacionadas con el Islam,

sino que la interpretación errónea de la religión por parte de las sociedades patriarcales

es responsable de que las mujeres estén expuestas a la violencia. Lo que me preocupa

aquí son dos cosas:

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• En primer lugar: la mutilación genital femenina siempre ha sido pintada por

Occidente como un acto religioso que ayudó a aumentar el sentido contra el Islam

en el tema de los derechos de las mujeres.

• En segundo lugar: este hecho siempre ha estado vinculado a la religión en Egipto

por una gran parte de la población, lo que resultó fundamental para su difusión en

un país donde la religión representa un aspecto muy importante en la vida social,

política y económica de las personas.

Ser musulmana me impidió adoptar una visión externa del Islam y aceptar lo que

me pareció poco convincente. Por lo tanto, el objetivo de investigar la MGF es

principalmente abordar cuestiones fundamentales relacionadas con la práctica. Mi

objetivo, por lo tanto, es tratar de refutar los conceptos erróneos sobre la mutilación

genital femenina y el Islam a partir de mi creencia y convicción de que el uso de un

discurso religioso y el extremismo en el pensamiento sobre las mujeres se mantiene con

un ciclo de violencia. Este ciclo no solo afecta a las mujeres en el tema de la MGF, sino

que se extiende para afectarlas en todos los demás aspectos de la vida. El uso de la religión

a través de interpretaciones erróneas de la misma para justificar las prácticas sociales

impuestas a las mujeres de forma estricta en algunas prácticas priva a las mujeres de

muchos derechos prescritos por el Islam.

Para examinar el tema de la mutilación genital femenina en Egipto, que es una

manifestación de violencia, es crucial comprender la situación de las mujeres dentro de

la sociedad egipcia. Conocer el pasado del feminismo egipcio y colocarlo en su contexto

histórico es crucial para tener una idea de cómo el desarrollo político, cultural o social

configuraron una identidad femenina. Fueron los esfuerzos de las primeras feministas las

que desarrollaron un discurso que comenzó con una llamada a la educación de las mujeres

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y a la abolición de la segregación de género que abrió la puerta en las décadas modernas

para que las nuevas generaciones incluyan, en sus demandas feministas, temas tabú como

la práctica de la mutilación genital en el discurso público de los siglos XX y XXI.

Metodología

La tesis se divide en cuatro capítulos:

Capítulo 1: proporciona una visión general sobre las ideas innovadoras surgidas dentro

de la sociedad egipcia durante el período de la iluminación árabe, durante el cual un

despertar intelectual abrió la puerta a la participación de las mujeres en la vida pública

durante un tiempo en que las mujeres se mantenían dentro de la sociedad, en la esfera

doméstica, lo que en árabe se denominó "harén". Luego, el capítulo proporciona a los

lectores una idea de la aparición del feminismo egipcio y muestra cómo las primeras

feministas se comprometieron profundamente en la lucha por mejores oportunidades

hasta que se convirtieron en una fuerza real detrás de la transformación del estatus inferior

de las mujeres durante la última década del siglo XIX y el comienzo del siglo XX. Su

conciencia de género nacida de sus propias experiencias personales se había transformado

en una ideología feminista a principios del siglo XX. Las mujeres egipcias, por lo tanto,

penetraron en la vida pública a través de la enseñanza y la filantropía como dos campos

aceptados para su interacción en un espacio público dominado por los hombres. Sin

embargo, la situación política del país y el levantamiento de la revolución de 1919,

seguida por la exclusión de las mujeres de la participación política, llevaron el activismo

de las mujeres a un nuevo camino. Su activismo tomó una forma más organizada y se

vincularon con el feminismo internacional. Fueron los esfuerzos de esas primeras

feministas lo que garantizó a la generación futura la libertad de movimiento y la inclusión

en el dominio público. Intenté a través de este capítulo utilizar el orden cronológico para

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tratar las transformaciones que tuvieron lugar en Egipto hasta finales del siglo XIX y

principios del siglo XX.

Capítulo 2: proporciona una imagen de las transformaciones que tuvieron lugar dentro

de la sociedad egipcia y que desempeñaron un papel importante en el cambio de la

condición de la mujer desde la segunda mitad del siglo XX hasta la actualidad. Aunque

los problemas de las mujeres no fueron la principal preocupación de los actores políticos

durante varias décadas, la inclusión de los temas de mujeres y género en la agenda política

se intensificó recientemente durante el régimen del presidente Sisi. El estímulo

permanente para las mujeres egipcias se reflejó aún más en la reciente remodelación del

gabinete de diciembre de 2019, que fue testigo de la asunción de 7 carteras ministeriales

por parte de las mujeres. El capítulo dos, por lo tanto, comienza con un período muy

crítico durante el cual las ganancias históricas de las mujeres estuvieron en peligro. Tal

período nombrado por el término "Primavera Árabe" fue testigo de una agitación política

y el ascenso de una fuerza extremista al poder, seguida de la exposición del cuerpo de las

mujeres a la violencia. A raíz de la destitución de Mubarak del poder, se celebraron

elecciones parlamentarias durante el 2011. Durante las elecciones, los islamistas ganaron

la mayoría de los escaños y, en consecuencia, los derechos de las mujeres obtenidos en

décadas anteriores fueron atacados. El grupo de los Hermanos Musulmanes tenía como

objetivo poner sus intereses por encima de los intereses de otros segmentos de la sociedad.

Las mujeres se estaban convirtiendo en blanco de su violencia; un hecho se cristalizó al

eliminar un artículo del proyecto de constitución que criminalizaba la discriminación de

género. Dirigieron su ataque hacia la Convención contra todas las formas de

discriminación contra la mujer (CEDAW), las enmiendas hechas a las leyes y

disposiciones que benefician a las mujeres, y en particular hacia la ilegalización de la

mutilación genital femenina (MGF). No solo atacaron la ilegalización de la mutilación

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genital femenina, sino que también tuvieron como objetivo revivir esta práctica ilegal.

Para esto, lanzaron campañas de propagación y convoy móvil de caridad en mayo de 2012

para llevar a cabo la mutilación genital femenina en pueblos y procedencias de la parte

sur de Egipto.

El capítulo también revela que, a pesar de que los temas de violencia y género habían sido

descuidados en los estudios académicos y políticos egipcios durante varias décadas,

recientemente, estos temas han sido tratados en varios artículos y estudios. El período que

comenzó en 2014 representó un período de avance para los derechos de las mujeres en

Egipto, ya que el problema de la violencia contra las mujeres se había incluido en la

agenda política del nuevo gobierno. Este período comenzó con la adopción de la

Constitución de 2014, que favoreció los derechos de las mujeres. Mi objetivo en este

capítulo no era centrarme en el discurso de la violencia, sino proporcionar un trasfondo

general sobre la violencia que nos permita en el siguiente capítulo examinar en

profundidad uno de los tipos de violencia dentro de Egipto; a saber, la práctica de la

mutilación genital femenina. Aunque el tema de la violencia contra las mujeres no ocupó

los primeros debates en el feminismo occidental o egipcio, sin embargo, el problema de

la violencia se incluyó más tarde en la teoría feminista como uno de los principales

problemas que afectan a las mujeres y una de las principales razones detrás de su

discriminación en sus sociedades.

Capítulo 3: este capítulo analizará una manifestación de violencia, a saber, la MGF. A

través del capítulo, me sumergí con entusiasmo en la práctica al presentar el significado,

los antecedentes, la clasificación y la medicalización del procedimiento, así como sus

consecuencias negativas para la salud. El capítulo también proporciona información sobre

la legislación adoptada en Egipto para combatir la práctica durante varios años hasta que

la batalla legal sobre la mutilación genital femenina terminó en 2016 con el parlamento

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egipcio aprobado para aplicar una severa pena a los perpetradores de la mutilación genital

femenina. Dado que "Mutilación Genital Femenina" es un término recientemente

adoptado por la comunidad internacional para referirse a la severidad de la práctica. La

práctica había sido mencionada durante mucho tiempo por el término circuncisión

femenina. Entonces, ocasionalmente puedo usar el término circuncisión en particular

mientras escribo sobre el período anterior a la adopción del término universal. Luego, el

capítulo ilustrará la prevalencia de la práctica dentro de la sociedad egipcia, mostrando

cómo se percibe entre las poblaciones y qué hay detrás de esta realidad. Una explicación

de las razones que subyacen a la pregunta de por qué las familias aún defienden una

práctica que se ha demostrado que es peligrosa. Se han explorado muchas razones en

torno a la convicción de la gente común de que la práctica es buena para las niñas, todo

lo cual es el resultado de los estereotipos sociales de género que se crearon desde los

viejos tiempos. Esos estereotipos abogan por la idea de que las mujeres tienen un sentido

muy sexual que pone en peligro su virginidad y su honor. Lo sorprendente de estas

nociones es que a menudo son alentadas y defendidas por un discurso religioso por un

segmento importante de los jeques de predicadores religiosos radicales. El asunto que me

lleva a examinar en el siguiente capítulo la postura religiosa de la mutilación genital

femenina para descubrir el objetivo principal de esta tesis, es si la mutilación genital

femenina es un mandamiento islámico o no.

Capítulo 4: trata de proporcionar una discusión coherente sobre un tema contencioso: La

práctica de la mutilación genital femenina desde un punto de vista religioso. La primera

parte del capítulo ofrece a los lectores una breve introducción sobre el Islam para aquellos

que no tienen antecedentes islámicos. La introducción también destaca que el Islam viene

con reglas y regulaciones para hombres y mujeres y que sus versos incluyen los derechos

de las mujeres en muchos aspectos de la vida sin discriminación. A través de mi búsqueda,

19

cité los versos del Corán utilizados por diferentes fuentes para defender la opinión de que

el Islam brinda a las mujeres derechos y dignidad. Luego, la segunda parte se centra en

las opiniones religiosas sobre la práctica controvertida de la mutilación genital femenina.

Esas opiniones opuestas tanto de los opositores como de los partidarios de la práctica

marcaron un largo debate sobre si es exigido por el Islam o impuesto al Islam.

20

Chapter 1

Roots of Egyptian feminism of the 19th and 20th century

1.1 Introduction

After the death of Prophet Muhammed, and with the aim of spreading Islam in

other countries, warriors from the Arab Peninsula “had swept out of Arabia” to conquer

new areas.1 In 639 Egypt ,whose native inhabitants were different in language and

religion from the Arabs, was conquered under the leadership of Amr ibn al-As. The native

inhabitants were given the choice of adopting the new religion of Islam, or of retaining

their Christian religion. Most inhabitants retained their own religion and therefore “the

process of Arabization and Islamization that eventually took place was to take several

centuries”.2 Under the rule of the Arabs, Egypt witnessed several types of governments

who applied in their judging the Islamic law "Sharia" which was based on the Quran and

the sayings of prophet Muhammed.3 Several changes during the rule of the Arabs have

taken place which transformed Egypt from a Coptic Christian country to an Arab Muslim

one. After becoming a province of a great Arab empire ruled by Caliphs in Medina and

governor in Egypt, many Arab tribes migrated to Egypt during the eighth century, the

1 Hopwood, D. (1982). Egypt: Politics and society 1945-1981. London: Allen & Unwin.p9 2Marsot, A. L. A. S. (2007). A history of Egypt: from the Arab conquest to the present. Cambridge University Press. pp 1-29 3 ibidem

21

language of administration was replaced by the Arabic language, and the Coptic language

disappeared.4

In 969, Egypt witnessed the beginning of a new dynasty, that invaded Egypt and

lasted for two centuries until 1171. The Fatimi dynasty of North Africa introduced to

Egypt “strange laws” including prohibiting women from appearing in public spaces. It

was during such era that the crusaders invaded Egypt and caused insecurity among the

population. This matter led to the interference of the Syrian armies in the Egyptian

territories in 1169 “to oust the crusaders” and protect a Muslim country. The invasion of

the Syrian troops in Egypt marked a victory against the Crusaders and ended the Fatimi

Dynasty with its shii Islam to mark a beginning of the Ayyubid Dynasty with its Sunni

Islam. During the rule of the Ayyubids, Egypt became a great intellectual and religious

center for the Muslim countries. By the end of their Dynasty, the Turkic slave-soldiers

named the ‘Mamluks’ who had been recruited to their armies marked a new era in the

Egyptian history.5

During the Mamluk dynasty (1250-1516) Egypt was dominated by Turkic-

speaking rulers who were strong and were respected by the native population at the

beginning of their rule because they defended Egypt against the invaders (the Mongols).

Most of them were brought at younger age and were trained into military professions not

available for the common people at their time. However, the Mamluk dynasty introduced

to Egypt the system of slavery which lasted for several centuries.6 Such system of slavery

female Slaves who were considered objects to be sold, purchased, or inherited either for

4 Thompson, J (2008): A history of Egypt: from earliest times to the present. American University in Cairo Press, pp 167-169 5 Marsot, A. L. A. S. (2007). A history of Egypt: From the Arab conquest to the present Cambridge University Press. pp 1-29 6 Ibid.Pp. 31-47

22

households’ services or as concubines for “sexual benefits” of their owners.7 These

women had been brought from different countries such as Bosnia, Russia, or Ethiopia.

They were also kept in private domain or the harem of wealthy families.8 And by the term

harem here it refers to something sacred and forbidden to be violated. It can either refer

to a space reserved to female members of the house inaccessible by male strangers or can

refer to female members of households. Under the system of such harem, women

witnessed seclusion inside their domestic spaces and differential treatment between male

members of their family and themselves. Most often deprived of education, betrothed into

early marriages, and had their faces covered in the public sphere as will be discussed later

in the chapter. By the end of the fifteenth century, the Ottoman Empire became stronger

in their military power and represented a threat to the Mamluks of Egypt. In 1517, the

Ottomans entered Cairo and turned it to a province of a great Ottoman empire that shared

the same religion but not the same language nor ethnicity. The Ottoman rule of Egypt

(1516-1805) depended on entrusting the Egyptian government to a Mamluk appointed by

Ottoman Sultan. Consequently, the Mamluks remained holding political and financial

authority in Egypt which made the Ottoman viceroy only “a figurehead” and the Mamluks

the true rulers of Egypt until the French occupation of Egypt in 1798.9

The French invasion of Egypt in the 18th century marked the beginning of a modern

era and the “incursion of a European power” inside a Muslim territory which had been

isolated from the West and from any kind of modernization.10 It was under the leadership

of Napoleon Bonaparte, in 1798, that the French armies invaded Egypt accompanied by

7 Hanna, N. (2005). Sources for the study of slave women and concubines in Ottoman Egypt. In Sonbol, A. E. A. (Ed.). (2005). Beyond the exotic: women's histories in Islamic societies(pp.119-130). American University in Cairo Press. 8 Baer, G. (1967). Slavery in nineteenth century Egypt. The Journal of African History, 8(3), 417-441. 9 Marsot, A. L. A. S. (2007). A history of Egypt: From the Arab conquest to the present Cambridge University Press. Pp.31-51 10 Moaddel, M. (1998). Religion and women: Islamic modernism versus fundamentalism. Journal for the scientific study of religion, 108-130.

23

a large number of scientists. The aim of the French invasion was to turn Egypt into a

French colony as well as controlling an important route of the British which leaded to

India. Exceeding the Mamluks in number and in military discipline, the French soldiers,

launched a battle against them in which a great number of Mamluks were killed and the

survivors fled to Upper Egypt.11 By the fleeing of the Mamluks to Upper Egypt, the

common population became convinced that those were incapable of protecting their land

from foreign invaders. Thus, they realized that they needed different rulers who could

replace those Mamluks.12

In 1801, a combined British and Ottoman forces organized an expedition on Egypt

and ousted the French resulting a ''chaotic'' period characterized by a struggle on power

control between the Ottomans, the Mamluks, and the British. Desperate of the situation

of insecurity and instability prevailing in their country, the religious leaders known as the

Ulama became aware that Egypt needed a strong ruler. Thus, they asked Muhammed Ali,

an officer who had entered Egypt in 1801 with a Turkish force to fight the French, to

become their governor.13 It is worth mentioning that those Ulama were men of religion

who came from urban and rural parts inside Egypt and then occupied a special position

in society during the 18th century when religion dominated the life of the people. They

were influential and worked as intermediators between the citizens and their ruler to the

extent that they had been regarded by the Egyptian population as their true leaders. They

gained their political and economic power during the rule of the Mamluks and the French

occupation of Egypt. Such importance given to them was seen when Napoleon Bonaparte

aimed at winning their loyalty out of his recognition of the important position they

11 Thompson, J (2008): A history of Egypt: from earliest times to the present. American University in Cairo Press, pp 219-220 12 Marsot, A. L. A. S. (2007). A history of Egypt: From the Arab conquest to the present Cambridge University Press. Pp 49-69 13 ibidem

24

occupied among the native population. However, the role of the Ulama demised in 1805

when Muhammed Ali ruled the country.14

1.2. Modernization and intellectual enhancement during the 19th century

By 1805 Muhammed Ali had been recognized by the Egyptian people as their ruler

“who was to change the history of Egypt. To consolidate his rule, Ali first directed his

efforts to eliminate any possible obstacle to his power. For this, first he killed the

Mamluks, then he directed his efforts towards building his own army and modernizing

his country.15 His efforts towards strengthening the army and turning it into a “European-

style fighting force” aimed at following the steps of Europe of “a dynamic society

rationally exploiting its resources and administering its affairs, with national strength as

the criterion of law and policy.”16 Thus, he worked on building modern economy and on

improving the system of irrigation and transportation as well as creating advanced

industries. Not only did Ali focus his efforts on the economic improvement, but also he

directed his plans towards the intellectual enhancement of the people. For this, he opened

schools, sent educational missions to Europe and requested the translations of European

works to be printed in the press. According to the historian Albert Horani, the libraries of

the schools Ali opened, for example, included works of Voltaire, Rousseau and

Montesquieu.17 His efforts of encouraging the translations of European works during the

14 Marsot, A. L. A. S. (1973). The Political and Economic Functions of the 'Ulamā' in the 18th Century. Journal of the Economic and Social History of the Orient/Journal de l'histoire economique et sociale de l'Orient, 130-154. See also Burke, J. C. (1992). The Role of the ʻUlamāʼ During the French Rule of Egypt 1798-1801 (Doctoral dissertation, McGill University Libraries). 15 Marsot, A. L. A. S. (2007). A history of Egypt: From the Arab conquest to the present Cambridge University Press. pp. 29-69. See also. Baer, G. (1967). Slavery in nineteenth century Egypt. The Journal of African History, 8(3), 417-441. 16 Hourani, A. (1962). Arabic thought in the liberal age 1798-1939. Cambridge University Press.Pp51-54 17 ibidem

25

first half of the 19th century, were directed towards enabling doctors, engineers and army

officers to learn western sciences.18 The reforms adopted by Muhamad Ali, also included

medical reforms by which he approved the project presented to him by the French doctor

Clot Bay of opening a school for midwives in 1832 where girls were instructed in subjects

related to curing diseases and child delivery. With the opening of the school in 1832, and

due to families' refusal to send their daughters for education due to their conservative

traditions, slaves were bought by Clot Bey during the first year, to be instructed in such

school. In the following year orphans and most needed girls were convinced to join the

school where education was free as well as a financial remuneration was given. 19

Sending educational missions to Europe to enable Egyptian students to acquire

new European sciences and modern technologies had a positive impact on the future of

Egypt and, consequently, on the situation of women. The impact of the European

modernization, either directly by the contact with the Europeans or indirectly through

translations of European works, pushed reformers to criticize certain aspects existing

inside the Egyptian society.20 Such criticism formed part of an intellectual awakening

movement known in Arabic by the term al-Nahda which literally means Renaissance or

Modern Renaissance. This movement of (al-Nahda) took place during the first half of

the 19th century a period during which Islamic intellectuals had encountered with the

western development and came to realize the existing gap between their own societies

and the west.21 This encounter had made them recognized that their society had reached

a state of decline and stagnation as a result of ignorance which had led to people’s

18 Patel, A. (2013). The Arab Nahdah: The making of the intellectual and humanist movement. Edimburgo: University Press.Pp163-164 19y Sel, C. R. D. A. (1989). Historia del movimiento feminista egipcio. Universidad de Granada. Pp159-160. 20 Moaddel, M. (1998). Religion and women: Islamic modernism versus fundamentalism. Journal for the scientific study of religion, 108-130. 21 Patel, A. (2013). The Arab Nahdah: The making of the intellectual and humanist movement. Edimburgo: University Press. Pp12-13

26

backwardness. Hence, they advocated for the idea that it was necessary for the Islamic

societies to borrow from the west to cope with the modernization process. Yet, this idea

was controlled by a strategy of “acceptance and rejection.” In other words, their notion

of learning from the European experience of modernization was encouraged only in

matters related to acquiring sciences and modern technologies which were compatible

with the Islamic values and traditions while at the same time rejecting western

philosophical thought. 22

I want to point out here that the Arab Nahda during the 19th century was preceded

by a similar intellectual movement in Europe which started from the late seventeenth

century till the late eighteenth century. Such movement in Europe known as the

Enlightenment focused on the individual right in rational thinking. Initially, the ideas of

the Illustration were based on the concept of the emancipation of any individual from any

prejudice imposed since a human being is capable of using his rationality and reason.

Rationality, autonomy and emancipation, were therefore considered by intellectuals of

such period as concepts that should be universalized and applied to the entire human

species.23 In her book The origins of modern feminism: Women in Britain, France and

the United States, Jane Rendall explained that intellectuals such as John Locke, Voltaire,

and Diderot, had challenged the authority of that time and asserted the individual’s right

in the enjoyment of conscience and freedom of speech as well as religion. In the Social

Contract, as Rendall further explained, Jean-Jaques Rousseau one of the famous

intellectual of the Illustration, went further to assert the right of individuals to express

their political opinions in the government as citizens. Nonetheless, the Enlightenment did

not include women as equal individuals in the principles of rationalism but rather their

22 Ibid Pp 159-199 23 Beltrán, E., & Maquieira D'Angelo, V. (2001). Feminismos: debates teóricos contemporáneos. Madrid: Alianza Editorial.Pp17-20

27

position rotated around “what was natural for their sex” as appeared from Rousseau’s

discourse on women.24 Rousseau claimed that women were lacking rational thought and

creativity- characteristics that have been categorized with men - and that their functions

were distinct from those of men due to their sexual and procreative functions. He further

regarded woman as a source of danger and evil to men and the human world and therefore

advocated for the idea of women’s subjugation. Rousseau’s ideas and theories regarding

women, as highlighted Susan Okin, were “representative of a long tradition. They cannot,

however, be glossed over as mere biases or assumptions of the contemporary scene or as

anachronistic prejudices to which he gave little thought, which have slight bearing on the

main body of his work, and which in all difference to his genius, should be tactfully

ignored.”25

Rousseau differentiated in the moral conduct between males and females in his

writings. According to him a man’s morals should be guided by his capacity of reason,

while on the contrary his female companion should be guided through the opinion of the

collective male group since she in not capable of reason. Rousseau ideas of the role of

women is restricted to the domestic sphere where women should act as the guardians of

morals without interfering into the public sphere which belongs to male members of

society.26 Such belief included female education which should be restricted, as he

believed, to preparing women from an early age in order to become good companions to

men and making life for men more pleasant for men. Thus, Rousseau ideas and purpose

of female education, according to Cristina Sanchez, was to cultivate female dependency.

Rousseau defended the structure of the patriarchal family by considering women as

24Rendall, J. (1985). The Origins of Modern Feminism: Women in Britain, France and the United States, 1780-1860. Macmillan Press.pp15-16 25 Okin, S. M. (1979). Women in Western Political Thought. Princeton University Press. 26 Beltrán, E., & Maquieira D'Angelo, V. (2001). Feminismos: debates teóricos contemporáneos. Madrid: Alianza Editorial

28

merely dependent human beings who belong to the private sphere due to their

reproductive and sexual nature. On the opposite side, he considered men, as the source of

income, independent human beings who belong to the public sphere. As a consequence

of those ideas advocated by Rousseau and other intellectuals of his period, there appeared

a group of intellectuals who adopted an opposite opinion. The exclusion of women from

the universalist principles pushed prominent figures such as Condorcet and Mary

Wollstonecraft to reclaim the principles of the Illustration to include women as well as

men. Condorcet, for instance contradicted those ideas of Rousseau and highlighted that

the existing differences between men and women was an outcome of education by which

an individual’s emancipation could be achieved.27

Further, such polemical debate led to the emergence of intellectual Salons in France

in the 17th century, hosted by women and included well known philosophers such as

Diderot and Voltaire who discussed important issues related to women. During the period

1789 -1793 and through the 19th century, women claimed their right in the public sphere

as citizens through their continuous calls for revindications to their rights to education,

work, their rights inside marriage as well as their right to vote. Women’s demands for

those rights resulted into some legal advancement in the French laws and the French

Constitution of 1791. However, such Constitution distinguished between men and women

as active or passive citizens, the matter that resulted into the appearance of the

Declaration of the Rights of Woman and the Female Citizen (1791) by Olympe de

Gouges.28 During the 17th century, the French Francois Poulain de la Barre argued “that

women are as capable as men of gaining the skills and knowledge that would enable them

to participate equality in virtually all economic and social activities.” In France, by the

27 Beltrán, E., & Maquieira D'Angelo, V. (2001). Feminismos: debates teóricos contemporáneos. Madrid: Alianza Editorial.pp27-28 28 ibid. Pp30-32

29

late eighteenth century women claimed as well “that principles of the Enlightenment

applied to them too, and that political rights belonged to them as much as to men.” Valerie

Bryson highlights that the feminist demands during the French revolution had great

influence on other countries. 29

The debate on women and their rights did not appeared in France only, but was

coined with other debates in different European Countries. In Britain, Mary

Wollstonecraft who was born in England in 1759, in her famous book A Vindication of

the Rights of Women, she was concerned with refuting the ideas of Rousseau who claimed

that the biological differences between boys and girls define the role of each sex and their

education and insisted that principles of the Enlightenment could be applied to both

sexes.30 She affirmed that women as individuals who possess reason should acquire

human virtues in the same manner as men.31 Wollstonecraft highlighted the idea that

women were transformed into weak human beings through the education they receive as

a result of cultural influence which aims to justify such weakness as a natural factor. She

believed that women’s education cultivates in them their individuality as a rational and

autonomous beings.32

Mary Wollstonecraft, moreover, refuted the idea of the “ascribed social roles” that

are associated to both men and women and claimed women’s right in education,

employment and freedom of choice. Her ideas -as highlights Bryson- “were to lead to

29 Bryson, V. (2003). Feminist political theory: An introduction (2nd ed.). New York; Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. Pp15-16 30 Ibídem 31 Beltrán, E., & Maquieira D'Angelo, V. (2001). Feminismos: debates teóricos contemporáneos. Madrid: Alianza Editorial. Pp32-33 32 Beltrán, E., & Maquieira D'Angelo, V. (2001). Feminismos: debates teóricos contemporáneos. Madrid: Alianza Editorial. Pp32-35

30

later campaigns for women’s suffrage and legal rights and, eventually to the demand for

equal participation with men in the worlds of politics and paid employment”.33

In her book A Vindication of the Rights of Women which published in 1792, she demanded

equal education for both sexes and the rights for citizenship for women. Wollstonecraft

also criticized Rousseau’ ideas which conceptualized a female model through which

women were depicted as weak and inferior to men, which is a matter that contradicts

Nature. In her criticism of Rousseau’s female model – which was represented in the

character Sofia - Wollstonecraft criticized Rousseau’s artificial model of a woman

explaining that such model is an imaginary model invented by Rousseau which has no

historical roots. For Wollstonecraft, as highlights Celia Amoros, the principle criticism

towards Rousseau is his way of analyzing customs and habits as if they were a product of

nature ignoring the fact that women is directed towards such characteristics through a

process of socialization since an early stage.34

Moreover, in the 19th century, John Stuart Mill published his essay The Subjection

of Women in 1869, which is considered a landmark in the history of feminism since Mill

was “the only major liberal political philosopher to have set out explicitly to apply the

principles of liberalism to women.” 35 Mill’s adopted a feminist thinking from an early

age and during the period of the 1820s and 1830s, he criticized the common views on the

position of women and the differential treatment towards both sexes and published some

articles in the Westminster Review and Le Globe. Mill’s feminist beliefs were, further,

enriched by several factors including his inspiration and admiration of strong female

characters such as Harriet Taylor whom he met in 1830. Such influence played an

influential role, as highlights Jane Rendall, in “leading Mill towards an unusually

33 Bryson, V. (2003). Feminist political theory: An introduction (2nd ed.). New York; Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p17 34 (Amorós, 1994) Pp23-26 35 Okin, S. M. (1979). Women in Western Political Thought. Princeton University Press.

31

sympathetic treatment of women’s situation.” Mill stance towards the issue of women-

as highlights Jane Rendall- articulated through two perspectives; the Utilitarian and the

Liberal perspectives. From the utilitarian perspective, he considered women’s position

and enhancement as beneficial to the whole society while from liberal perspective, he

considered women’s enhancement as necessary for their own individuality. Mill rejected

the idea of women’s biological inferiority and argued that such inferiority is an artificial

product of the process of their upbringing through which they were raised from an early

age to accept submission. He called for the legal reform of marriage inside Britain to

allow women equality inside the family. He called for women’s participation in public

professions and occupations.36

Despite that it appeared to me that there is no enough documented Arabic material

that speaks about the direct influence of the European illustration on the Arab awakening

movement. Yet, there are various resources which speak about the influence of the

European modernization process and the image of the French women on Egyptian

intellectuals. The reformers of the Enlightenment, for instance, included three prominent

figures; Rifaa al-Tahtawi (1801-1873), Mohammed Abdou (1849-1905) and Qasim Amin

(1863- 1908). Though, the time difference between al-Tahtawi’s ideas and Amin’s ideas

were fifty-five years, yet, the three of them had been residing in France for several years

and all of them introduced modern and new challenging ideas on women of which both

education and work were two important pillars for any enhancement of the society.

In introducing those ideas of elevating the status of their societies, al nahda

reformers articulated innovative ideas inside their society. They based their arguments on

the importance of re-examining Islam to challenge erroneous misconceptions regarding

36 Rendall, J. (1985). The Origins of Modern Feminism: Women in Britain, France and the United States, 1780-1860. Macmillan Press.Pp286-287

32

women and their situation in Egypt.37 Yet, those reformers did not reject the role of

religion from their conception of modernity. Amin, for instance, when advocating his

innovative ideas it seemed clear that he was not negating the role of religion in his

discourse for modernity, but he was advocating for the rejection of any inherited custom

which kept Egyptian women in an inferior status than that of the European women. This

was reflected in his book when he explained that there was a need to disapprove any

inappropriate inherited behavior and to follow the good ones. We can see this when he

wrote:

“Should we be satisfied with our present condition and accept the ways of

our forefathers while others around us race toward happiness, the resources

of comfort, and positions of strength, thus quickly overtaking us? Should we

stand and stare at them, either because we are unaware of our position or

because we feel it and are perplexed and baffled by it? It is not our

responsibility to compare how others have advanced and how we have fallen

back? How they have become strong and we have become weak? How they

have become happy and we have become miserable? This comparison will

force us to look again at our religion and the ways in which our pious

predecessors lived, and to follow in their footsteps. We like them, will then

listen to the teachings, follow the good aspects of those teachings, learn to

disapprove of inappropriate behavior, accept the good components, and walk

the road of happiness, progress and strength.”38

37 Badran, M. (1995): Feminists, Islam, and Nation: gender and the making of modern Egypt, Princeton University Press, New Jersey. 38 Amin, Q. (2000). The Liberation of Women and the New Woman: Two documents in the history of Egyptian feminism, trans. S. Sidhom Peterson, Cairo: American University of Cairo Press. P46

33

1.3. Egyptian Male reformers and the Emancipation of women

Rifaa al-Tahtawi was the first intellectual to include women in his discourse of

modernity.39 Born in a religious family in the town of Tahta, he moved in 1817 to Cairo

to study in al-Azhar and later became one of the members of Muhammed Ali’s missions

sent to study in Paris. The period of 1826-1831 which he spent in France had marked an

important phase in his life during which he focused his efforts on studying the French

language and on reading books for big philosophers such as Rousseau and Voltaire. His

experience in Paris and his admiration of the French modern life with its cleanliness,

education of children, and intellectual curiosity were reflected in his writings.40 After his

return from France he opened the door, starting from 1831, for future generations to use

personal ijtihad or the rational interpretation of religious texts to reform the Islamic law.41

At the beginning of his writings, al-Tahtawi offered a description of the condition and

life of the French women expressed his admiration of how those women had the freedom

to express their opinions and take part in public life. Then he wrote in about the situation

of Egyptian women criticizing social constraints forced on them which resulted in their

backwardness.42 Believing in the importance of education, in his famous book named Al-

Murshid al-Amin fi Tarbiyat al Banat wa'l Banin in 1872 which literally means (The

honest or Trusted Guide for the Education of Girls and Boys), Al-Tahtawi advocated for

female education including reading and writing which he considered important for every

girl’s manners as well as enriching her mind and knowledge to enable her to be worthy

39 El Sadda, H., & Abu Ghazi, I. (2001). Significant moments in the history of Egyptian Women. National Council for Women, Cairo. Egypt 40 Hourani, A. (1962). Arabic thought in the liberal age 1798-1939. Cambridge University Press.pp67-83 41 Patel, A. (2013). The Arab Nahdah: The making of the intellectual and humanist movement. Edimburgo: University Press. Pp181-199. 42 Khatab, F. (2007). Women and Pioneers of the Enlightenment. Egyptian General Book Authority. Cairo.

34

of admiration of her husband.43 Therefore, he asserted that girls should be educated on

the “same footing” of boys. Yet his position on this issue was motivated by three

purposes: preparing good wives, guaranteeing a good childrearing, and saving women

from committing gossips. According to Hourani, al-Tahtawi did not “seem to suggest that

they should come out of seclusion and take part in public life” 44

Similar to al-Tahtawi’s ideas, Mohamed Abdu emerged as another important

intellectual figure of the Arab Renaissance who saw in the necessity of acquiring modern

learning for civilization. Born in a small village in 1839 where he memorized the sacred

book al-Quran, Abdu moved to Cairo to study in the Islamic religious institution of al-

Azhar where he gradually occupied several positions until he became the Grand Mufti of

Egypt. Abdu became known by his articles published in famous newspapers of his times

such as al-Ahram. He called for a true understanding of the Islamic religion and advocated

for the re-examining of the sacred texts, namely al-Quran and al-Sunnah. Away from the

interpretations of different religious sects, Abdu believed that Islam is compatible with

modernization and the acquisition of learnings. Therefore, he believed that any reform

should begin with encouraging religious awareness among Muslims and fighting

superstitions 45 He wanted to reconcile Islamic studies with the learning of modern

developments in history, mathematics, and physics. For this he called for the reform of

al-Azhar institution, however, his appeals concerning al-Azhar were faced with

oppositions from conservative religious members.46 Like al-Tahtawi, Muhammed Abdu

aimed at improving the social aspects of his society through gradual reform. And for this

43El Sadda, H., & Abu Ghazi, I. (2001). Significant moments in the history of Egyptian Women. National Council for Women, Cairo. Egypt 44 Hourani, A. (1962). Arabic thought in the liberal age 1798-1939. Cambridge University Press. Chicago. Pp77-78 45 Khatab, F. (2007). Women and Pioneers of the Enlightenment. Egyptian General Book Authority, Cairo.P24 46 Patel, A. (2013). The Arab Nahdah: The making of the intellectual and humanist movement. Edimburgo: University Press.Pp190-193

35

he regarded education as the “single most important means for reaching this goal.”47 By

the 1870s, due to the political situation inside Egypt which paved the way for the

appearance of a nationalist discourse, Abdu's ideas articulated within a nationalist

argument in which he put emphasis in his articles on national education. 48 His school of

thought influenced Qasim Amin, a young student of law who came to be the most

important male reformer of al-Nahda and of the history of women’s enhancement.

A disciple of Abdu, Amin believed in the social reform, therefore he studied the

reasons of his nation’s backwardness, the foreign control over his country’s resources,

and linked this situation with women’s ignorance and her inferior status. For this, he

believed in the importance of education and the reestablishing of the institution of the

family as methods to gaining independence.49 Born in an aristocratic family, Qasim Amin

was sent after graduation in 1881 from the Law school on an educational scholarship to

Europe. His study in the University of Montepellier in France and his exposure to the

European culture represented a “turning point in his life.”50 During the four years of his

stay in Paris, Amin improved and enriched an intellectual thinking on important social

and political issues of his time. First, he acquired an interest in reading works of big

authors like Darwin, Marx and others. Then he engaged into a direct contact with

Egyptian national leaders, exiled in 1883, in Paris after the Ourabi Revolution. Those

leaders included prominent intellectuals namely Jamal al-Din al-Afghani and Muhammed

Abdu. Amin believed that the enhancement of society could start by the social reform of

47 Ibídem 48 Hourani, A. (1962). Arabic thought in the liberal age 1798-1939. Cambridge University Press. Chicago. Pp130-160 49 Khatab, F. (2007). Women and Pioneers of the Enlightenment. Egyptian General Book Authority, Cairo. 50 Saad El-Din, Mursi (2005, September 15-21).Plain Talk, Ahram weekly online News, Issue No. 760 Retrieved from http://weekly.ahram.org.eg/Archive/2005/760/cu3.htm. Accessed 9/8/2017

36

citizens and the uplifting of women stance. For him women's non-contribution in society

was “a major cause of its weakness.”51

After his return to Egypt, he incorporated into intellectual fields with a lot of

publications. Among them, al- Masriyoun written in 1894 (The Egyptians), Tahrir al-

Maraa in 1899 (The emancipation of Women) and al-Maraa al Jadida in 1900 (The New

Woman). It is documented that his first book al- Masriyoun was published in response to

a criticism written by a French writer Duc Harcourt on Egypt’s backwardness and the

inferior status of its women. Such criticism contained prejudice against Egypt, the

Egyptians and Islam. Therefore, Amin took to the pen in an attempt to demonstrate that

the status of backwardness and lack of education in which women lived should be subject

to question and were to be blamed on social institutions which favored men over women.

As he put it, women had been governed during several generations by male tyranny and

the rule of the strong.52 In his opinion, the degradation of women is not due to any

difference in capabilities between men or women, but is due to the fact that men had used

their physical and mental abilities to work and think for long generations during which

women were deprived of using those abilities which resulted in their decrease.53

Hence, he directed his writing on aspects related to women in a time where women

of the 19th century were obliged by traditions to have their faces covered in the public

sphere wearing a veil, secluded into their private life, avoided from appearing in front of

men who were not their relatives. In other words, women were living in what was called

Harem. The term is derived from the Arabic language which means something sacred and

forbidden to violate. It can either refer to a space reserved to female members of the house

51 Umara, M. (2008) Qasim Amin’s Emancipation of women and the Islamic modernization, Dar al-Shorouk Publications. Cairo. Pp 17-49 52 Moaddel, M. (1998). Religion and women: Islamic modernism versus fundamentalism. Journal for the scientific study of religion, 108-130. 53 Abu Al-Asaad, M. (1994): Nbawyat Musaa and her role in the Egyptian life. Egyptian General Book Authority, Cairo

37

inaccessible by male strangers. Not only Women lived in seclusion in household space,

but rather they witnessed a differential treatment between male members of their family

and themselves. They most often were deprived of education and were betrothed into

early marriages.54

Concerned about ‘the woman question’ as the term came to be known later, Amin

throughout his comprehensive and excellent books The Liberation of Women and The

New Woman, addressed important issues at his time. He called for the emancipation of

Egyptian women through education, abolition of face veiling and the reform of the

institution of the family.55 According to Ana de Miguel Alvarez, Amin’s two books

occupy their own place within the Illustration of the Arab and Muslim world. In her

analysis of Amin’s feminism, she explained that his feminism was mainly based on two

thesis; the first was centered on women’s achievement of rights as the other male part of

society and the second rotated around the notion that the emancipation of women is

beneficial to the nation. 56 Concerning his first thesis, Amin based his emancipatory

discourse on the notion that women considered equal human beings like men with the

same ability of feeling and thinking:

“Who do u understand a woman to be? Like a man, she too is a human being.

Her body and its functions, her feelings, and her ability to think are the same

as a man’s. She has all essential human traits, differing only in gender. The

superior physical and intellectual strength of men can be best explained by

54 For more information on life under the harem system, see Shaʻrāwī, H. (1998): Harem Years: the Memoirs of an Egyptian feminist (1879-1924). The American University in Cairo Press, Egypt 55 Bier, L. (2011): Revolutionary Womanhood; Feminisms, Modernity and the state in Nasser's Egypt, The American University in Cairo Press, Egypt. Pp26-27 56 de Miguel Álvarez, A. (2007). El feminismo de Quasim Amin: entre los derechos humanos y el progreso social in Puente, C. A., & Kubissa, L. P. (2005). Feminismo y multiculturalismo. In Teoría Feminista: de la Ilustración a la globalización (pp. 215-264). Editorial Minerva.

38

considering the past, when for many generation men have been involved in

the world of work and in the pursuit of intellectual activities. During these

years women were deprived of all opportunities and forced into an inferior

position.” 57

Among these opportunities granted to men as mentioned in Amin’s discourse was

education. The denial of the importance of education of daughters could be been when

Amin recalled in his book a discussion he had with a father of a nine-year old girl where

the topic of educating girl was the focus of their conversation. He recounts that in

response to his suggestion, the girl’s father expressed that the only education that a girl

should get is that kind related to preparing her for the domestic sphere. At that point Amin

highlighted the importance of education and criticized conservative families for depriving

girls such right which improve their intellectual knowledge for the future. He rejected the

limitation of girls’ instruction only to domestic household skills such as cooking, sewing

or ironing. And believed in education as a “necessity of human life” which could elevate

girls from an inferior position to a respectable one enabling them to her reject cultural

superstitions. He further explained that an educated woman could develop skills such as

self-esteem and high mental ability, characteristics which could enable her to protect her

reputation more than an illiterate fellow of the womankind. Amin also pointed out that

education could improve the self-protection of women with no male guardians, namely

divorced and widows, for it could prevent them from accepting “improper occupations.”58

Amin’s emancipatory discourse extended to include other critical issues affecting

women in society; namely the topic of face veiling and female seclusion. In view of the

57Amin, Q. (2000). The Liberation of Women and the New Woman: Two documents in the history of Egyptian feminism, trans. S. Sidhom Peterson, Cairo: American University of Cairo Press. p11 58Amin, Q. (2000). The Liberation of Women and the New Woman: Two documents in the history of Egyptian feminism, trans. S. Sidhom Peterson, Cairo: American University of Cairo Press. Pp11-34

39

prevalence of the veil during the 19th century among women in the Egyptian society,

Amin aimed at reconstructing the public debate on the issue of veiling. Here, I want to

point out that the ‘Veil’ Amin considered in his discourse was not the veil which is

mentioned in Islam, but rather, his criticism was directed to the face-cover which hide

“the nose, the mouth, and the jaws, and reveals the forehead, temples, eyebrows, eyes and

cheeks, and sides of the neck.”59 He has sought to reassert that this custom was culturally

imposed on Muslim woman “as a product of interactions among nations”. Therefore, he

vigorously opposed that it was ordained by Islam or the Islamic law (Shari ‘a). On this

subject he says:

“In truth, the gauze face-cover and the veil are not part of the Shari ‘a, in

terms either of piety or of morality. They have been handed down to us from

ancient traditions that preceded Islam and have continued to survive. The

proof is that this tradition is unknown in many other Islamic countries, and it

is still a custom in many Eastern countries that do not claim Islam as their

religion. Covering the bosom is part of Islamic Law- there are clear

admonitions about this- but nothing is mentioned about covering the face.”60

In his arguments, Amin depended on a religious discourse affirming that during the

early years of Islam, many women were influential in the life of Muslims, such as the

wife of the prophet Aisha who had contributed in the narration of many of the hadiths

and deeds of the prophet.61 He argued that Islam was compatible with women’s

emancipation since it has granted rights to women at times when they “occupied the

59 Ibid. P 42 60 ibid.Pp35-43 61 Ibid. P74

40

lowest status in all societies”62 Moreover, he believed that God granted human beings

many privileges and therefore men and women could use them without segregating their

world into two gendered spheres:

“God created this world and gave human beings mastery over it so that they

could enjoy the benefits according to what they can achieve. God granted

human beings privileges for administering this world, but He also placed

limitations on them. Thus, God established equality between men and women

regarding their obligations and privileges. God didn’t divide the universe,

making one part of it to be enjoyed by women alone and another to be enjoyed

by men, working in it segregated from women. In fact, He created the burdens

of life to be shared and controlled by both men and women.”63

Nonetheless, Amin’s criticism adopted a moderate idea between the west and

the East. He didn’t intend to advocate for unveiling, but he rejected the social

customs which overshadowed the Islamic veil mentioned in the Quran.64 His

criticism was not directed toward the Islamic form of veiling mentioned in Quran,

but rather toward the social transformation of this practice during his time. His

discourse based on highlighting the dangers of seclusion since it transforms women

into objects owned by men. According to him, these common customs belonged to

ancient civilization which had survived.65 Amin explained that although women’s

chastity was a necessity, what had not been accepted was the exaggeration of his

62 ibid.p 7 63 Ibid 64 Umara, M. (2008) Qasim Amin’s Emancipation of women and the Islamic modernization, Dar al-Shorouk Publications. Cairo.Pp 65-73 . 65 Moaddel, M. (1998). Religion and women: Islamic modernism versus fundamentalism. Journal for the scientific study of religion, 108-130.

41

society in using “all types of mechanisms to protect” such chastity.66 Good

upbringing of girls, as he highlighted, instead of their seclusion was the protection

of women from any type of corruption.

Amin's concern with the enhancement of the situation of women further pushed

him to tackle matters related to the foundation of marriage which he considered a field of

male tyranny against women. He believed that reforming the status of women could not

be achieved only by changes in their form of upbringing, but rather by the "perfection of

the institution of the family" which played an important role in the development of

women. For him if women remained in a condition of ignorance of their rights, marriage

will stay a site of inequality for them. In this matter, he again based his arguments on a

religious discourse and explored both the definition of marriage in the Quran and the texts

of Islamic theologians of his time. His comparison of both definitions opened his eyes on

the degree of inferiority to which theologians of his time relegated women since the

former defined it as a foundation based on mercy and love, while the latter described it

as a man's right to sexually satisfy his desires with his wife. He blamed those scholars of

being responsible of degrading the meaning of marriage to become only a tool to men’s

pleasure while the authentic purpose of marriage should be based on mercy and love as

the Quranic verse mentions. Amin insisted that the definition of marriage as mentioned

in the holy Quran is much better than any modern adopted definition. Therefore, he

stressed on the importance to drew on the learning of the Quran and the teaching of the

prophet:

“whoever compares the first definition, written for us by our theologians,

and the second definition, revealed to us by God, will discover the degree of

66 Amin, Q. (2000). The Liberation of Women and the New Woman: Two documents in the history of Egyptian feminism, trans. S. Sidhom Peterson, Cairo: American University of Cairo Press.Pp35-45

42

inferiority to which our theologians relegate women. This low opinion has

spread from them to all Muslims. One should not therefore be surprised to

find that marriage also has fallen to a position of low regard in society; it has

become a contract permitting men to find pleasure in a woman’s body.”67

Tackling another matter related to marriage, Amin launched his severe criticism

against polygamy which he regarded “nothing short of a legal trick to satisfy an animal-

like desire.” He first explained that polygamy existed in ancient civilization where

women occupied inferior social status and believed that whenever their status rises

polygamy diminishes. Though polygamy could be used in very restricted cases, he

defended monogamy as the best form of marriage. His rejection of this practice derived

from his belief that polygamy “implies an intense contempt for women” and brings

misery and discontent to the wife and the family. He called for a man who considers

marriage to be their choice on the moral perspective rather than the physical one to choose

the best wife for him.68 It was evident in Amin’s discourse that he believed polygamy to

be a degradation of women and therefore he called for its restriction.69 Amin also rejected

the idea of inheriting destructive traditional customs affecting women and society. He

believed that traditions of predecessors are important with the condition of differentiating

between good and bad ones.70

Amin’s defense of the emancipation of women and the elevation of their status

received several criticisms by his contemporaries. His books, especially The Liberation

67 Amin, Q. (2000). The Liberation of Women and the New Woman: Two documents in the history of Egyptian feminism, trans. S. Sidhom Peterson, Cairo: American University of Cairo Press. P76-100 68 Ibid 69 Umara, M. (2008) Qasim Amin’s Emancipation of women and the Islamic modernization, Dar al-Shorouk Publications. Cairo, PP73-75. 70Amin, Q. (2000). The Liberation of Women and the New Woman: Two documents in the history of Egyptian feminism, trans. S. Sidhom Peterson, Cairo: American University of Cairo Press.Pp 102-104

43

of Women, “trigged an impassionate debate between reformists and traditionalists.”71 It

was considered the biggest intellectual battle on a book during the whole century.72 The

criticism launched against the book, as highlighted Marilyn Booth, derived from its title

which to many represented an attack on women’s morals or a western propaganda aimed

at destroying honors of an Islamic culture. The attack was even directed to Amin without

reading the book but the emancipation of women as a tittle fueled angry among a

conservative society.73 Many scholars of al-Azahar, for instance, refused to consider

women as a source of a nation’s progress.74

Notwithstanding the vocal opposition directed towards Amin and his books by

conservatives who regarded his ideas contrary to the authentic Islamic teachings, his

approach to women, had paved the way for future discourses when Egyptian feminism

made a resurgence in the 20th century. Indeed, he is considered the father of female

liberation whose name still occupies a big space in intellectual debates on women since

the roots of Egyptian feminism could be traced back to his publications. Amin’s writings

on women’s emancipation and his calls for reforming the family institution, played an

influential role in paving the way for the appearance of Egyptian feminism of the 20th

century.75 His position about the “women`s questions” opened the door for following

debates tackling the issue in several periodicals of the time.76

71 Hassan, F. (2001). Speaking for the Other Half. Al-Ahram Weekly On-line, (523), 1-7. http://weekly.ahram.org.eg/Archive/2001/523/sc3.htm. 72 Umara, M. (2008) Qasim Amin’s Emancipation of women and the Islamic modernization, Dar al-Shorouk Publications. Cairo. P63 73 Booth, M. (2001). Woman in islam: Men and the "women's press" in turn-of-the-20th-century Egypt. International Journal of Middle East Studies, 33(2), 171-201. 74 Khatab, F. (2007). Women and Pioneers of the Enlightenment. Egyptian General Book Authority. Cairo. P20 75 Hassan, F. (2001). Speaking for the other half, Al-Ahram Weekly On-line, issue No.523 accessed at: http://weekly.ahram.org.eg/Archive/2001/523/sc3.htm 76 Baron, B. (1994): The Women’s Awakening in Egypt. Culture, Society, and the Press. Yale University Press. London. Pp21-33

44

Though some has suggested, that Amin’s concern with women’s enhancement was

motivated for the sake of the family and therefore represented a new form of husbands’

control over women.77 I believe that his arguments, during those years of the emerging

debate, were suitable for his time. Above all, I suggest that in a conservative nation which

were not yet prepared for accepting new changing in their social order, Amin's modest

attempts for the elevation of women’s status were suitable for opening the door for

following progressive demands. It would have been very difficult during such time where

women were completely obscured from the public sphere, if he would have called for

more emancipatory calls without trying to convince his contemporaries that those calls

are of mutual benefit for both men and women.

1.4. The Emergence of the Egyptian feminist conscience

Influenced by Amin’s ideas, upper and middle-class women started speaking out

and expressing their opinions on several social issues in writings scattered over place and

time. According to Nabila Ramdani, at the end of the 19th century women started to “make

their demands aired” through their articles in newspapers as well as through their poems.

Among the writers who played a great role in women’s awakening and in enhancing

people’s awareness, just to name few, was Hind Nawfal, Zaynab Fawwaz, and Aisha al-

Taymurria..78 By the beginning of the 20th century, secluded women from all social

classes outraged against their domestic confinement enforced upon them from male

members of their families. They gradually abandoned their harem seclusion and became

77 Abu-Lughod, L. (2002). Feminismo y modernidad en Oriente Próximo, Ediciones Catedra, Universidad de Valencia. Pp378-382 78 Ramdani, N. (2013). Women in the 1919 Egyptian Revolution: From Feminist Awakening to Nationalist Political Activism. Journal of International Women's Studies, 14(2), 39-52. Retrieved from http://vc.bridgew.edu/jiws/vol14/iss2/5. Visited on 24/9/2017

45

an increasing presence in society.79 Their efforts to philanthropy also facilitated their

mobility into the public space where they created charitable organizations.80 Among those

created to raise the intellectual level of women were the Society for the Advancement of

Women in 1908, the Intellectual Association of Egyptian Women in 1914, the Society of

the Renaissance of the Egyptian Women, and the Society of the New Women in 1919.81

Investigating in the history of Egyptian feminism, several women, as a number of

writings attest had worked hard to achieve women’s rights during the 19th and 20th

centuries. It appeared to me that feminism of the early 19th Century was born out of

several female figures each had his part in including certain issue in the discourse of

reform the status of women in those years. Yet, in Feminists, Islam, and nation: Gender

and the making of modern Egypt, Margot Badran highlights that “Two Women born in

the late nineteenth century shaped the history of feminism in Egypt in the first half of the

twentieth century”. Those two figures; Huda Shaarawi (1879–1947), and Nabawiya Musa

(1886-1951) although belonging to different social classes, as mentions Badran, they

played a significant role in articulating a female feminist discourse.82

Huda Shaarawi was born on 23 June 1879 in a rich family in Minya in Upper

Egypt. After her father’s death, in 1884, she was raised by her mother along with her

brother in the harem culture. Huda’s name at birth is Nur al-Huda Sultan, daughter of

Muhammad Sultan Pasha who was an influential inside his country until he died when

Huda was at the age of five. She served the organized feminist movement from 1923 till

79 Boldea, I. (2013). Studies on literature, discourse and multicultural dialogue, Editor Arhipelag XXI. 80 Baron, B. (1994): The Women’s Awakening In Egypt. Culture, Society, and the Press. Yale University.PP168-187 81 Ahmed, L. (1992). Women and gender in Islam: Historical roots of a modern debate. Yale University Press.Pp172 82 Badran, M. (1996). Feminists, Islam, and nation: Gender and the making of modern Egypt. Princeton University Press. P 31

46

her death in 1947.83 In contrast, Nabawiya Musa, on the other hand, was born into a

middle-class family in a small town of Egypt in 1886, She was raised by her mother after

her father’s death in a military mission in Sudan. Her mother moved with the two children

from the town of Zagazig to Cairo for better educational opportunity for her son.84 Their

childhood witnessed separation of social roles between each of them and her brother. As

a consequence, as time went on, they both articulated an ideology which rejected the

mainstream culture of those years which privileged men over women. They both had

come to recognize the importance of education and work for women and struggled to

include women in the public sphere.

Huda Shaarawi, at an early age improved a gender conscience which turned her

into the first female figures who called for education, democracy, and cultural reform as

fundamental measures to “vindicate the rights” of women.85 Among the issues she

focused on in her activism was the practice of face veiling which she considered an

“obstacle to women's participation in public life” and “emblematic of the whole urban

order of female confinement and containment.”86 It appears to me that the influence of

Amin on the ideas of early feminism could be seen when they repeated those themes

tackled by Amin. Concerned about the issue of education, Nabawiya Musa, on the other

hand, dedicated her efforts towards education. She first challenged social barriers

imposed upon her during her childhood and struggled for continuing her education. She

dedicated her life towards female education as an important area of struggle against both

gender discrimination and colonial authority.

83 Shaʻrāwī, H. (1998): Harem Years: the Memoirs of an Egyptian feminist (1879-1924). American University in Cairo Press. 84 Boldea, I. (2013). Studies on literature, discourse and multicultural dialogue, Editor Arhipelag XXI. 85 Quawas, R. B. (2006). “A sea captain in her own right”: Navigating the feminist thought of Huda Shaarawi. Journal of International Women's Studies, 8(1), 219-235. 86 Badran, M. (1995). Feminists, Islam, and nation: Gender and the making of modern Egypt. Princeton University Press. New Jersey.pp. 93

47

Getting an insight of the type of life of those feminists could be acquired from their

writings. In Huda Sharaawi’s memoirs, for instance, it contains a wide range of details

about a life a girl in the Harem. It is worth mentioning that Huda’s memoirs memoirs

were written when she was a leading feminist. The memoirs were dictated to her secretary

in Arabic during her lifetime and then were entrusted to her younger cousin Hawa Idris

to oversee its publishing after her death. After 20 years of Hua Shaarawi’s death, the

historian on women and gender studies Margot Badran met with Shaaarawi’s cousin

during her visit to Egypt from whom she borrowed the original notebook of Shaarawi’s

memoirs. The notebook named Mudhakirrati which literally means ‘my memoirs’ in the

English language contained valuable details concerning the Harem life and the emergence

of the feminist movement through the narration of Shaarawi’s life details, the matter

which encouraged Badran to ask for the permission to translate it into English.87 In her

life narrative of her autobiography, Huda Shaarawi used the narrative method chronicling

major events in which influential characters played a role in her life.88 She presented both

her childhood and adulthood experiences inside the harem culture. However, her memoirs

“do not just focus on private life, but rather frame the narration of private life within a

broader context” where her details of private life intermingle with the political events.89At

an early age when Huda was only a child, she realized restrictions imposed upon her from

all members of her family for the only reason of belonging to the female sex. The

differential treatment between her brother and herself on sex differentiated basis appeared

in different aspects of her childhood. Her memoir includes lengthy narrations in which

she recounts incidents which she realized that her brother was treated in the same way as

87 Shaʻrāwī, H. (1998): Harem Years: the Memoirs of an Egyptian feminist (1879-1924).The American University in Cairo Press, Egypt 88 ibid 89 Sorbera, L. (2014). Challenges of thinking feminism and revolution in Egypt between 2011 and 2014. Postcolonial Studies, 17(1), 63-75.

48

she was. In one of those, Huda recounts her brother having a pony while her family

suggested she have piano lessons instead.90As time went on, she then describes how at

the age of puberty she was requested to separate herself from her young male friends with

whom she had used to play in her childhood.91 She was overwhelmed by sad emotions

since she had always enjoyed the company of those friends:

“From the time, we were very small, my brother and I shared the same friends,

nearly all boys, most of whom were the children of our neighbors. The boys

remained my companions until I grew up- that is until I was about eleven –

when suddenly I was required to restrict myself to the company of girls and

women. I felt a stranger in their world, their habits and notions startled me.

Being separated from the companions of my childhood was a painful

experience. Their ways left a mark on me.”92

Ultimately, being a girl in the harem, further, affected Huda when she was

betrothed at the age of thirteen to her cousin Ali Shaarawi in 1891 who had been

nominated “to be the legal guardian of Huda” in case of her father’s death.93 Huda’s

marriage to her cousin whom she had always regarded as a big brother, brought her

to a state of unhappiness until she separated herself from him for a period of seven

years (1893-1900).94 Although these childhood experiences had not been defined

at that time in feminist terms, they helped her indirectly to reach maturity and to

90 Lanfranchi, S. S. (2012). Casting off the veil: The life of Huda Shaarawi, Egypt’s first feminist. IB Tauris. 91 Margot, B., & Miriam, C. (2004). Opening the Gates: An Anthology of Arab Feminist Writing. Indiana University Press, P. 41 92 Shaʻrāwī, H. (1998): Harem Years: the Memoirs of an Egyptian feminist (1879-1924). The American University in Cairo Press, Egypt 93 Lanfranchi, S. S. (2012). Casting off the veil: The life of Huda Shaarawi, Egypt’s first feminist. IB Tauris. 94 Shaʻrāwī, H. (1998): Harem Years: the Memoirs of an Egyptian feminist (1879-1924).The American University in Cairo Press, Egypt

49

develop an ideology on feminist issues. It was during such period and before Huda’s

reconciliation with her husband that Huda’s feminist awareness took a new path.95

In a lengthy description of the personal development of Huda in this period,

Lanfranchi says:

“During the seven years of separation, Huda had developed into a beautiful,

accomplished and personable young woman, well versed in both oriental

culture and Western academic subjects. She has studied the Quran and

religious sciences, as well as reading widely in French and Arabic history and

literature; and in the cultural realm, she had developed her knowledge of

music and had become an accomplished pianist. In general, she had

developed a clear vision of life and an independent mind. She had resolved

to live the rest of her life soberly, not to fall prey to impulse and emotion, and

to make use of all the time she was to be granted.”96

Among the important figures who played an influential role in Huda’s life was

Eugenie Le Brun. The French Le Brun guided her steps into the intellectual society where

she spent her time interacting into valuable conversations on important gender issues in

the Egyptian society. Le Brun was regarded Huda’s mentor who nourished her mind and

soul and encouraged her to attend her Saturday saloon to which she attended for the first

time in 1890. Among the important issues debated in the saloon was the practice of face

veiling which represented an obstacle to women’s enhancement and progress. Though as

an European who had converted to Islam after her marriage to an Egyptian citizen, Le

95Ibid 96 Lanfranchi, S. S. (2014). Casting off the veil: the life of Huda Shaarawi, Egypt's first feminist. IB Tauris.

50

Brun believed that Egyptian women’s backwardness was not a result of Islam, but rather

linked to the social customs inside the Egyptian society.

Huda’s social activities extended to organizing the first public lecture for women

inside the Egyptian University under the patronage of the Egyptian princess Ain al-Hayat.

The lecture discussed the lives of oriental women and the social practices inside the

Egyptian society such as veiling. The talk was an “unprecedented event” that marked a

remarkable success and opened the door for a series of lectures for women to express

their opinions.97 Consequently, Egyptian women’s lectures started to take place each

Friday in a reserved hall inside the university and included feminist figures who started

to talk about their own problems.98 Opening the door for women to speak about social

problems affecting them inside society was followed by further activism of Huda

Shaarawi in the public space.99

As for the second pioneering figure in the history of Egyptian feminism, Nabawiya

Musa played a great role in early Egyptian feminism. According to Mohammed Abu Al-

Asaad, Musa was at the age of thirteen when Qasim Amin published his book, and

therefore the issue of the liberation of women is considered the main axis of the thinking

of Musa100 Like Shaarawi, Nabawiya Musa developed gender awareness through

witnessing a preferential treatment given to her brother inside her home. In the domestic

sphere, Musa rejected her mother’s perception of education as “a violation of the rules of

decency and modesty” and got herself enrolled into the Saniyya school. After her

graduation from the Teacher Training program, Musa became a teacher in the Abbas

Primary school where she witnessed a salary discrimination between herself and the male

97Shaʻrāwī, H. (1998): Harem Years: the Memoirs of an Egyptian feminist (1879-1924). American University in Cairo Press, Egypt. Pp.76/82 98Ibid. pp 92-94 99 Ibid 100 Abu Al-Asaad, M. (1994): Nbawyat Musaa and her role in the Egyptian life. Egyptian General Book Authority, Cairo.P66

51

colleagues. This discrimination was justified to the fact that male teachers had obtained

secondary certificates, the matter which pushed Musa to challenge the educational

authorities who did not accept the notion of a girl with a secondary education and sit for

the secondary school examinations in 1907.101 She further developed gender awareness

through criticizing social habits and practices inside her society and refuted conventional

arguments on literacy as destructive to woman's morality. Musa was a strong advocate of

female education and called for a type of education that was not discriminatory to girls

on the basis of their sex. In writing on the issue, Musa in her book Women and Work

published in 1920, she refuted the claims that education and literacy of girls would lead

to vice, pointing out that literacy on the contrary would protect women. She further

attacked the Egyptian male society for advocating the notion that women were inferior to

men in strength and mental ability. A believe that led them to prevent women from work

due to their presumed inferior capacity. In her argument on the issue, she pointed out that

women and men were alike except for reproduction and insisted that it was unjust to

compare both sexes without providing the same education to women:

“how can one compare the mind of a man of education and experience who

has developed himself with that of a woman which has been neglected since

infancy. Her mind became rusty through lack of use the same way iron

implements rust through neglect. Her abilities were suppressed, and she was

sheltered from life’s experiences before her mind could develop naturally.”102

101 Badran, M. (1995): Feminists, Islam, and Nation: gender and the making of modern Egypt, Princeton University Press, New Jersey. Pp 41-44 102 Musa’s argument on the issue is translated into English and published in Badran, M., & Cooke, M. (2004): Opening the gates; An Anthropology of Arab Feminist Writing, Indiana University Press.pp257-258

52

Like Amin, Musa linked the progress of a nation with the status of their women.

According to Abu Al-Asaad, Musa adopted the opinion that Arab men misunderstood the

Quran which did not include any verse which prohibits women from education or work.

She added that women’s work is not contradictory to religion and called for the same call

which Amin did which is removing the face veil which restricts women’s work. Yet she

believed that women should maintain a conservative attire which does not contradict with

Islam. For Musa, she believed that men exaggerated in considering difference between a

man and a woman in terms of mental talents and customs which she rejected out of her

conviction that there is no difference between a male or a female except in the matter of

reproduction. She highlighted that the fact that women’s work had been limited to the

domestic sphere matter affected their abilities.103

Similar to Amin, Musa not only advocated for women’s education, but rather

included in her discourse calls for women’s work. She had come to recognize the

importance of education and linked women’s lack of it to the idea of their acceptance of

“tedious jobs” which could expose them to sexual exploitation. Same to Amin’s ideas on

the importance of work for women, Musa drew attention that women’s work was essential

for women with no male members to support them. She highlighted her point of view by

mentioning that several wives had lost their husbands and that work considered a

necessity for them for raising their own children to become good citizens inside society.

In advocating for this idea, she criticized men from preventing their women from work

and insisted that women’s work did not contradict with their roles as mothers or wives.

She pointed out that by preventing them from work, these women were led to misery. 104

103 Abu Al-Asaad, M. (1994): Nbawyat Musaa and her role in the Egyptian life. Egyptian General Book Authority, Cairo. P68 104 For the full argument of Musa see Badran, M., & Cooke, M. (2004): Opening the gates; An Anthropology of Arab Feminist Writing, Indiana University Press. Pp 257-269

53

1.5. The 1919 Revolution and Women’s Participation in the Political life

After Muhammad Ali's death in 1849, his successors neglected the reforms he had

initiated in a way that schools were closed, factories were disused, and the army declined

in number. Constructions undertaken in Egypt during the final decades of the 19th century

including the construction of the Suez Canal caused Egypt to loan from European bankers

and finally bankrupt. Most of the debt owed to British and French bankers, hence both

countries forced Khedive Ismail, who ruled Egypt from1863 till 1879, to accept the

formation of a commission in Egypt with European representative to monitor the debt.

Concerned about their collection of debts of the Canal, in 1882, the British army invaded

the canal zone and henceforth occupied Egypt for seven decades. Henceforth, Egypt

became subjected to financial difficulties resulted from debt payments, European

interference in economic and administrational affairs, and chaos. Since education was

considered a threat for colonial existence, education was discouraged, schools were

closed, and Egyptian appeals of forming an Egyptian university were resisted.105 Intended

to promote for education in a time where schools were administered by British staff and

run by a colonial ministry of education, Nabawiya Musa used a nationalist discourse in

advocating for female education. For her, education was considered the most pivotal

method through which colonialism could be combated and hence restore the country’s

wealth spent on foreign employees. Musa argued that girl’s education is a nationalist

progress and insisted that girls should attend state schools and be taught in their native

Arabic language rather than be educated in schools run by foreigners.106

105 Thompson, J. (2008). A history of Egypt: from earliest times to the present.American University in Cairo Press, Pp253-262. 106 Badran, M. (1995). Feminists, Islam, and nation: Gender and the making of modern Egypt Princeton University Press. P 78

54

At the beginning of the twentieth century a “resentment intensified against

control by a foreign power contemptuous of Egyptians”. Such resentment was

crystallized by Dinshawi incident which took place in 1906.107 In 1906, a famous

incident of British injustice took place in a village called Dinshawi which considered

a turning point of strengthening Egyptian nationalism among the population. During

the Dinshawi incident, some British officers shot a woman and caused a fire on a

barn on their pigeon-hunting excursion. One of those officers, beaten from the

Egyptian villagers fled and died from heatstroke. The British set up a special tribunal

and severe sentences were passed on twenty-one villagers. Dinshawi villagers

including women and children were forced by the British to watch the sentences that

included hangings and fifty lashes.108

After the Dinshaway incident, nationalists who became a rising force

supported by the Egyptian masses, believed that under the British rule no real justice

can be fulfilled. The emergence of a nationalist movement composed of middle-class

citizens who developed nationalist ideas against the foreign existence inside their

country aimed at establishing parliamentary democracy and for this they expressed

their ideas through the spoken press.109 Nationalists were reluctantly allowed by the

British, to form their political party named the National Party, to appoint Sa‘d

Zaghlul as a minister of education, and thus the British role in administration was

diminished. Furthermore, the nationalists demanded for drafting a constitution with

its legislative institutions. Another political party, the Ummah party, was formed of

landowners and intellectuals. When World War I erupted, the Ottoman Empire took

107 Ahmed, L. (1992). Women and gender in Islam: Historical roots of a modern debate. Yale University Press.Pp169-170 108 Fahmy, Z. (2011). Ordinary Egyptians: Creating the Modern Nation through Popular Culture, 1870-1919, The American University of Cairo Press, p.92 109 Thompson, J. (2008). A history of Egypt: from earliest times to the present.American University in Cairo Press, Pp253-262.

55

the side of Germany against Britain which arouse the British fear of losing control

over Egypt and the Canal zone. This political tension between foreign power and

nationalists threatened the British who took several measures to protect their interests

including they declared Egypt a British Protectorate in 1914 and a High

commissioner inside Egypt was appointed by Britain.110

When the First World War came to an end in 1918, Nationalism became a

stronger force because of the hard time during which the Egyptians had lived. The

nationalist leader Saad Zaghlul met the high Commissioner on the 13th of November

1918 and demanded to present Egypt's case to the peace conference in Britain for

achieving autonomy. As a response for the refusal of such demand, the Wafd Party

organized committees who collected 100,000 signatures supporting Egypt's demand.

The matter that ended in Zaghlul’s exile to Malta along with other leaders. This

incident ignited the 1919 revolution.111

Agitation against the colonial presence in Egypt fueled by Zaghloul’s exile,

had its impact on the political and public scene. This was evident when “the country

erupted in riots, strikes, and acts of violence against the British, with women of all

classes openly participating” in what came to be known as the 1919 revolution.112

The participation of women in public demonstration for the cause of their nationalism

had marked a historical event in the history of Egypt. This event had been

documented in several works. Laura Bier describes that women’s activism and

participation during the demonstrations “was public and militant and transcended

110 Thompson, J (2008): A history of Egypt: from earliest times to the present. American University in Cairo Press, Pp 233-253 111 Ibid. Pp 267-274 112Ahmed, L. (1992). Women and gender in Islam: Historical roots of a modern debate. Yale University Press.P173

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class barriers.”113 According to Beth Baron, the 1919 revolution played an important

role in redirecting the political and social life of ordinary people as it not only

accelerated the end of the British occupation, but rather, it raised the question of

womanhood and the debates over female domesticity. This was seen when women

had the courage to go out in the streets alongside with men to support the nationalist

cause carrying flags and placards with sentences against the British occupation and

supporting independence. In the placards carried they demanded, using sentences

written in both Arabic and French complete independence and freedom and the

removal of the Protectorate from their country. Their participation, therefore, “had a

strong psychological impact” on women and allowed them to challenge “the gender

status quo” inside society as she says:

“The event had inverted the usual gender order, although not in the ways that

were often attributed to it later. Women took center stage on major

thoroughfares, commanded public streets, and shouted slogans for a mostly

male audience. As they carved out new political roles for themselves, elite

women challenged the gender status quo. Herein lay the revolutionary

potential of their demonstrations. These were women who would not walk in

the streets alone for fear of being harassed, who had not engaged in collective

public action such as funeral marches or other such as ceremonies, and whose

voices were often muted or controlled. Now they won admiration and respect

when they marched for the nation. They submerged themselves in the

collective, raised their voices to shout slogans, and emerged with a greater

113Bier, L. (2011): Revolutionary Womanhood; Feminisms, Modernity and the state in Nasser's Egypt, The American University in Cairo Press, Egypt. p29

57

sense of solidarity. Participating in these demonstrations had a strong

psychological impact on those involved.” 114

On 28 February 1922, the British government issued a proclamation in which the

British protectorate over Egypt came to an end, and Egypt was finally declared an

independent state. Yet, this independence was conditioned by four reserved points by

which a big military base remained inside Egypt for protecting the security of the Suez

Canal or intervening in case of foreign invasion, safeguarding the rights of minorities in

Egypt, and maintaining the right of being the only responsible in the status of Sudan

which was still under Egyptian authority115 In 1923, a new Egyptian constitution was

drafted establishing a “an independent constitutional monarchy” formed by political

parties, parliament, and elections.116 According to Hala Kamal, this first Constitution to

be issued in Egypt which stayed in power till the year 1952, was always “considered to

be an outcome of the 1919 revolution which rose against the British occupation- a

document establishing the emerging modern Egyptian nation.”117

Despite that the new constitution stated equal civic and political rights between

Egyptians, however, the electoral law “restricted the exercise of political rights to male

Egyptians”. Hence, feminists who had participated in the nationalist struggle with their

male counterparts were disappointed from their exclusion from the political life.118

According to Laura Bier, this exclusion was due to “patriarchal conservatism of male

114Baron, B. (2005): Egypt as a woman: nationalism, gender and politics, University of California press, Ltd. England. Pp107-134 115 Thompson, J. (2008). A history of Egypt: from earliest times to the present. American University in Cairo Press, Pp 275 116Otto, J. M. (Ed.). (2010). Sharia and National Law: Comparing the Legal Systems of Twelve Islamic Countries. American University in Cairo Press. p56 117 Kamal, H. (2015). Inserting women’s rights in the Egyptian constitution: personal reflections. Journal for Cultural Research, 19(2), 150-161. 118 Badran, M. (1995): Feminists, Islam, and Nation: gender and the making of modern Egypt, Princeton University Press, New Jersey.pp80-86

58

nationalist leaders who, once women's active participation in nationalist struggle was no

longer needed, expected them to return to their ''natural'' place inside their home.119

Consequently, this exclusion from the political life fueled them with anger the matter that

could be seen in their activism in the period of the post-independence. Here I would like

to mention that in a story quoted by Fadya Khatab, for instance, Munira Thabet the first

woman to ask for women’s political inclusion in the parliament demanded from Saad

Zaghloul, who became in 1924 the Prime Minister, that women obtain the right to vote

after their participation on equal foot with men in the 1919 revolution. Her calls were met

with a refusal since male leaders were afraid that the issue of women’s participation in

politics would cause problems on the domestic level in a critical period in which Egypt

was struggling with the British.120

1.6. The creation of the Egyptian Feminist Union in 1923

Following the political limitation of their political rights and the right to suffrage, only

later did feminists elaborate an organized feminist activism. Those women were pushed

for the creation of the Egyptian Feminist Union (EFU) in 1923 with Huda Shaarawi

elected as its president.121 At the beginning, the EFU was formed by members of upper-

and middle-class women but in following years, members of different social classes

joined the union.122 With its creation, feminists opened a door through their social

activities to penetrate public arena and to interact with other women. They aimed to

119 Bier, L. (2011): Revolutionary Womanhood; Feminisms, Modernity and the state in Nasser's Egypt, The American University in Cairo Press, Egypt.Pp32 120Khatab, F. (2007). Women and Pioneers of the Enlightenment. Egyptian General Book Authority.Cairo. Pp76-82 121Ahmed, L. (1992). Women and gender in Islam: Historical roots of a modern debate. Yale University Press. p176 122 y Sel, C. R. D. A. (1989). Historia del movimiento feminista egipcio. Universidad de Granada. Instituto de Ciencias de la Educación. Servicio de Publicaciones. Pp 105-106

59

providing assistance to needy women in through establishing dispensaries and workshops

providing several services.123 EFU efforts were directed to urban women. Nevertheless,

in 1930s, it expanded its activities to reach rural women. They included health problems,

helping poor women in learning craftwork, and finding child-care solutions for working

mothers.124 The agenda of the EFU focused on nine main principles based on improving

public hygiene, eradication of prostitution, and amending laws regulating marriage,

divorce and child custody.125The organization, further, aimed at modifying the personal

status code to combat the cruel patriarchal practices against women and girls. They

addressed the problem of early marriage and called for setting a minimum age for girls'

marriage. Moreover, they campaigned for the restriction of polygamy which constitutes

a psychological harm for the first wife. One of the strong opponents to polygamy was

Malak Hifni Nasif who tackled the issue of polygamy in her writings after being a second

wife.126 Believing in the religious equality, Malak suggested that polygamy should be

restricted and controlled.127 In Casting off the Veil: The Life of Huda Shaarawi, Sania

Sharawi Lanfranchi gives a description of the agenda of the EFU as follows:

“Later in November 1923, Huda and her colleagues published a statement

listing the nine main principle of the EFU, Its goal would be to seek to elevate

the intellectual and moral standards of Egyptian women; to enable them to

obtain social, political, legal and moral equality with men; and to obtain the

right to higher education for girls. It would also seek a change in matrimonial

123 ibid. Pp 138-139 124Badran, M. (1995). Feminists, Islam, and nation: Gender and the making of modern Egypt. Princeton University Press. pp111-123 125 Hassan, Fayza (2001). Speaking for the other half. al-Ahram Weekly, March 1-7. http://weekly.ahram.org.eg/Archive/2001/523/sc3.htm. 126 Badran, M., & Cooke, M. (2004): Opening the gates; An Anthropology of Arab Feminist Writing, Indiana University Press, pp134-136. 127 Lanfranchi, S. S. (2014). Casting off the veil: the life of Huda Shaarawi, Egypt's first feminist. IB Tauris.

60

customs to allow the two individuals directly concerned to meet each other

before committing themselves, to alter the law on marriage to prohibit

polygamy and divorce without the women’s consent, and to raise the age of

marriage to sixteen. It would promote public health and hygiene in Egypt and

discourage immorality. Finally, it would seek to publicise these principles and

to win public support.”128

As a result, the Egyptian movement achieved some of the rights they struggled for

during decades. They finally succeeded in ending the harem system and the practice of

face veiling. They also guaranteed women’s admittance to the Egyptian university in

1920. Further, their efforts resulted in raising the age of marriage for young girls to 16

years old in 1924.129 Their efforts were directed towards combating prostitution which

was characterized by being a multi-ethnic including Egyptians and foreigners. Their

struggle against prostitution had started since 1920s to be later included in the agenda of

the Egyptian Feminist Union.130 They criticized the authorities for their double standards

by their call for morals while allowing prostitution houses to function inside Egypt and

considered prostitution in contradiction to the morals of an Islamic country. For this they

contacted the head of the Islamic establishment of al-Azhar in an attempt to gain his

religious support. They targeted the closure of houses of prostitution which had spread in

Egypt. Their efforts and activism took further the subject beyond the national level to

discuss it on an international level. This was seen when they discussed the topic of

prostitution in 1924 during a conference organized by the International League for the

128 ibid Pp 104-105 129 El Saadawi, N. (2007). The hidden face of eve: Women in the arab world Zed Books. p26 130 See Badran, Margot (1995): Feminists, Islam, and Nation: gender and the making of modern Egypt, Princeton University Press.p192

61

Suppression of Traffic in Women. It was not until 1953 after the revolution of 1952 that

houses of prostitution were shut down and the practice was banned.131

One of the important contributions of the establishment of the EFU was the link

created with the Egyptian feminism and the international feminism. This assisted in

sending delegations to international feminist conferences where Egyptians met their

counterparts from other parts of the World.132 Further, the Union instituted a feminist

press through founding periodicals such as l’Egyptienne in 1925, al-Misriyya in 1937.133

Although, when one speaks of feminism, the presumption is that any feminism emerged

from the western feminism that this comprehends following the principles adopted by

western feminism. Yet such presumption is not applied on the Egyptian feminism. I

suggest that the Enlightenment ideas as mentioned above had a great influence in

changing the situation of European women and in particular the French women who were

a source of admiration to the Egyptian intellectuals who studied in Paris and consequently

enriched their ideas on women. Further, the European presence in Egypt and the

interaction between European and Egyptians women who belonged to the upper social

classes assisted in forming the feminist debate. The lectures and the intellectual saloons

where women gathered introduced new ideas which made those feminists think about the

actual change. Nonetheless, their aim at achieving the rights of education, work or

combating any form of discrimination against women were based in their feminist

discourse on a religious base. I believe that they wanted to adopt certain right which were

not contravening with their religion. I agree Leslie Lewis’s ideas when she says that the

Egyptian feminism is not an imitation of the west. She highlights her ideas as follows:

131 Ibid. Pp198-206 132 Badran, M. (1995): Feminists, Islam, and Nation: gender and the making of modern Egypt, Princeton University Press, New Jersey. pp47-52 133 Booth, M. (2001). Woman in Islam: Men and the “Women's Press” in Turn-of-the-20th-Century Egypt. International Journal of Middle East Studies, 33(2), 171-201.

62

“Egyptian feminism is neither inherently anti-religious, nor a negative and

corrupting import from the west. Egyptian feminism, like all local feminisms,

has observed and been influenced by the emancipatory efforts of people

across the globe. As groups in diverse settings have pushed to re-examine

gender, class, and colonial relations their fundamental ideas and

organizational strategies have been drawn on for inspiration in other settings.

In spite of this exposure and exchange of ideas, the Egyptian feminist

movement developed uniquely in a way that both reflected and responded to

local and national culture, norms, constraints, and exigencies.”134

In their struggle for their rights, Badran reported, feminists used both a secular

nationalist and modern Islamic discourse.135 This means that they advocated for women’s

right inside the limits of religion without transgressing what is prescribed by Islam.

Feminism of the 19th and 20th century, with no doubt, has contributed to the reconstruction

of a female voice which speaks out against the status quo they lived during previous

centuries. A voice which refuse to accept male injustices. The contribution of the early

Egyptian feminism has been fundamental to reach the current state of women’s equality

with men in education or their inclusion in the public life. And although their calls

included the calls for political participation and reforming the personal status law which

affect women in their personal life, it was not until the 21st century when these rights were

granted to women. It is worth mentioning here, that despite that feminists of the first wave

as I may call it didn’t address the issue of male violence in their writings as a central place

134 Lewis, L. (2012). Convergences and divergences: Egyptian women's activisms over the last century. Mapping Arab Women’s Movements: A Century of Transformations from Within, American University in Cairo Press. Pp43-62 135Badran, M. (1995): Feminists, Islam, and Nation: gender and the making of modern Egypt, Princeton University Press, New Jersey. p.95

63

in their discourse, and only focused on female education, work and the right of suffrage.

However, this wave of feminist paved the way for feminists of the second, third and fourth

wave to wide their circle of demands.

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Chapter 2

Women’s Status starting from 1952 till now

2.1. Introduction

On 4 February 1942, a great manifestation of the British interference in the

Egyptian affairs took place when the British tanks surrounded the King's palace and

forced him to accept appointing a pro-British government. This incident was considered

a turning point in the Egyptian political scene as Egyptian people were upset regarding

the corruption and the King’s existing political system. Realizing that the political

situation in Egypt under the rule of the King had become difficult, where there was a

struggle for power control between the King, the parliament and the British,136 a group of

military officers named the “Free Officers”, including General Gamal Abd Nasser took

control over Egypt and its institutions in a military coup and forced the King to abdicate

on the 23rd of July 1952. The ‘Free Officers as they came to be known were composed of

middle-class members and landowning families who were all united with the aim of

liberating Egypt from an old political system. Composed of many prominent figures

including Gamal Abdel Nasser and Anwar Sadat, their movement forced the king to

abdicate and leave the country on 26th of July of the same year, for thirteen years of exile

till his death. The forced abdication of the King ended a long dynasty in Egypt and

“marked the beginning of Egypt’s transition from a monarchy purportedly based on

136 Thompson, J. (2008). A history of Egypt: from earliest times to the present. American University in Cairo Press. Pp280-281

65

liberal-democratic principles to a republic nation, which by the 1960s had adopted Arab

socialism”.137

In the post-revolutionary era of the 23rd of July revolution of 1952, Abdel Nasser

who came to power as a president, suspended the 1923 Constitution and adopted a new

Constitution in 1956 which was in effect till 1971.138 He directed his attention to foreign

policy as well as to domestic affairs. He succeeded in the negotiations concerning the

British Egyptian Treaty that replaced the 1936 treaty and according to which the British

troops departed Egypt in 1956 ending seven decades of British occupation. Nasser

worked on achieving agricultural reforms and developing industrialization, which was

neglected under the British occupation. 139 It was true that before the revolution, the upper

class of the population in Egypt was mostly composed of people of Turkish origin who

considered most Egyptians as poor peasants and hence this poor segment of society was

treated in an inferior manner, with no education or sufficient resources.140 According to

Dereck Hopwood, for instance, President Nasser found that the previous Capitalist system

which had prevailed before the 1952 revolution proved to be inadequate for the Egyptian

people and hence the principles of socialism were the alternative solution for reforms.

Nasser's socialism aimed at achieving social justice and providing a better life to poor

citizens who faced inequalities during the pre-revolution era. Yet, as highlights Hopwood,

Nasser’s adoption of socialist principles was different from those of Marxist communism

since Egypt is an Islamic country. In other words, it was an Islamic version of socialism

aimed at achieving equality and bridging the gap between the rich and the poor through

137 Bier, L. (2011): Revolutionary Womanhood; Feminisms, Modernity and the state in Nasser's Egypt, The American University in Cairo Press, Egypt.p50 138 Kamal, H. (2015). Inserting women’s rights in the Egyptian constitution: personal reflections. Journal for Cultural Research, 19(2), 150-161. 139 Thompson, J. (2008). A history of Egypt: from earliest times to the present.American University in Cairo Press. Pp293-297 140Amin, G. (2011). Egypt in the Era of Hosni Mubarak, the American University in Cairo press. Pp85-100

66

the common ownership of the country’s means of production.141 His socialist reforms

also included the nationalization of the religious institution of Al-Azhar and the

transformation of the religious Ulama into governmental employees. Furthermore, they

included reforming the Egyptian legislation system; the abolishment of the separate

family courts for Jews and Christians as well as the abolition of the Sharia Courts for

Muslims.142 The Nasser’s years witnessed “a large scale of social reforms” such as land

redistribution, providing free education to middle class citizens and providing

governmental jobs to university graduates.143

2.2. Egyptian feminism between two revolutions

2.2.1. A turning point for Egyptian feminism

Regarding feminism during the second half of the twentieth century, it witnessed

a turning point with the new social and political transformations in which the country had

witnessed. The political and social transformations inside the country reshaped Egyptian

feminism which took a new path under the regime of President Jamal Abdul Nasser.144

In her book Revolutionary Womanhood; Feminisms, Modernity and the State in Nasser's

Egypt, for instance, historian Laura Bier, has suggested that at the beginning of Nasser’s

rule, the issue of women’s rights was not included on Nasser’s reform policy as his

141Hopwood, D. (1982). Egypt: Politics and society 1945-1981. London: Allen & Unwin. Pp 84-104 142 Berger, M., & Sonneveld, N. (2010). Sharia and national law in Egypt. In Otto, J. M. (Ed.). (2010). Sharia and National Law: Comparing the Legal Systems of Twelve Islamic Countries. American University in Cairo Press.Pp 51-88 143Sonneveld, N. (2012). Khul Divorce in Egypt; Public Debates, Judicial Practices, and Everyday Life, The American University in Cairo Press.p21 144 Lewis, L. (2012). Convergences and divergences: Egyptian women's activisms over the last century. Mapping Arab Women’s Movements: A Century of Transformations from Within, American University in Cairo Press. Pp49-50

67

“regime seemed largely unconcerned with gender issues” to avoid any opposition from

conservative elements inside the society.145 This included the replacement of the Egyptian

feminist organizations with an official one administered by the state.146 According to

Hoda Elsadda, the EFU was transformed to “a service-oriented charity, operating under

the supervision of the Ministry of Social Affairs.” 147

Yet, the Quest for female suffrage remained an occupying matter for some

feminists during the early years of Nasser’s regime. Among those figures who struggles

to achieve women’s political rights was feminist Doria Shafik who had studied in Paris

where she won her Doctoral degree. Among her efforts towards this goal was her

establishment of a political party named The Daughter of the Nile in 1953 dedicated to

women’s political rights.148 As part of her fight to guarantee those rights, in 1954, Shafik

went on a hunger strike till “the political rights of Egyptian women were secured,

specifically, the right to run for office and vote for the first time”.149 The struggle of

feminists to gain the right to suffrage turned victorious in 1956 when the Egyptian women

finally gained the right to vote.

Fortunately, the interest in granting women the opportunities in education, joining

the workforce and the right to vote were secured by the adoption of the Charter for

National Action which had a great impact on the women question since the charter

addressed women as equal citizens who should take part in society. This inclusion of

women in the official ideology of the state was reinforced by newly adopted constitution.

145 Bier, L. (2011): Revolutionary Womanhood; Feminisms, Modernity and the state in Nasser's Egypt, The American University in Cairo Press, Egypt.Pp23-58 146 Paradela, N. (2015). El feminismo árabe y su lucha por los derechos de la mujer.Instituto Universitario de Investigación de Estudios de Genero de la Universidad de Alicante. Pp17-29 147 Elsadda, H. (2011). Women’s rights activism in post-Jan25 Egypt: Combating the shadow of the first lady syndrome in the Arab world. Middle East Law and Governance, 3(1-2), 84-93. 148Hassan, Fayza (2001). Speaking for the other half. al-Ahram Weekly, March 1-7. http://weekly.ahram.org.eg/Archive/2001/523/sc3.htm. 149Durriya Shafiq: Rebellious Daughter of the Nile. Alakhbar English. Visited on 15/8/2017 at: http://english.al-akhbar.com/node/4958

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By the adoption of the 1956 Constitution where the principles of equality were clearly

stated women for the first time were granted the right to vote and to be elected for senior

positions with wages and salaries equal to their male counterparts. As Laura Bier puts it:

“With the publication of the charter and the adoption of Arab Socialism as

the official regime ideology, state discourses declared “the woman question”

as such definitely answered by the realization of national liberation. In 1956,

the new constitution had made women fully enfranchised citizens, granting

them the right to vote and to run for public office. Later measures were

enacted to guarantee women’s access to education and mobilization into the

workforce. All citizens regardless of gender, were granted the right to vote

and the right to public education and were charged with the duty of public

labor on the nation’s behalf. It was through their inclusion in the Egyptian as

citizens that groups formerly excluded from the body politics, women among

them, were to be liberated from past oppression.”150

Consequently, female education increased in Nasser years in all primary, secondary

and university education.151 According to Mervat Hatem, women benefited, during those

years, from the accomplishments of the state’s feminism or state commitments for public

equality which she described as “impressive by the standards of the 1950s and the 1960s”

through which changes were introduced on several levels including the gender relations.

Hatem added the social attitude towards women’s inclusion in the educational and

workplace changed, and their number increased. Moreover, women who achieved their

150 Bier, L. (2011): Revolutionary Womanhood; Feminisms, Modernity and the state in Nasser's Egypt, The American University in Cairo Press, Egypt. p25 151 Ibid, pp51-52

69

school diplomas or university degrees were guaranteed jobs in the governmental sector.152

However, despite of the civic and political achievements women gained under Nasser's

regime, women's situation inside the family under the personal status law “remained

unchanged”.153 It is worth mentioning that In Egypt, social issues such as marriage,

divorce, child custody, alimony and inheritance are regulated by the Personal status law

derived from the Islamic Sharia. Personal Status Laws has passed through several

amendments since the early decades of the twentieth century by legislators to adapt it to

the social developments people went through since its adoption. Personal status law

contains both Substantive rules and procedural rules. While Substantive rules are

included under Law No.25 for 1920, the decree of law No.25 for 1929, and law No.100

for 1985, the procedural rules are regulated by law No.1 for 2000 and law No.10 for 2004.

The amendments processes aimed at providing women with more rights and enhance their

social status regarding marriage and divorce. However, such amendments had raised

controversy by some segments of society who confront any rights granted to women due

to their confusion between basic sharia rules and opinions of some Sharia jurists.154

Despite the significant improvement in the country’s economic condition at the

beginning Nasser's era, the situation changed at the mid of the sixties where economic

hardships prevailed.155After Nasser's death in September 1970, he was succeeded by

President Anwar Sadat who had been selected before his death as his vice president in

152Hatem, M. F. (1992). Economic and political liberation in Egypt and the demise of state feminism. International Journal of Middle East Studies, 24(2), 231-251. 153Lewis, L. (2012). Convergences and divergences: Egyptian women's activisms over the last century. Mapping Arab Women’s Movements: A Century of Transformations from Within, American University in Cairo Press. Pp49-50 154 For more information see Elchazli, F. (2012): Women's Personal Status Rights: Marriage Rules from the legal Perspectives, National Council for Women, Egypt. 155Marsot, A. L. A. S. (2007). A history of Egypt: From the Arab conquest to the present Cambridge University Press. Pp142-150

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1969.156 Like his predecessor, Sadat suspended the constitution and adopted a new one,

the 1971 Constitution.157 Unlike Nasser, Sadat did not follow the socialist ideology which

Nasser applied in his rule, but rather Sadat adopted a new policy in 1973. The open-door

policy he followed was known as the Infitah “under which the country shifted from

domination by the public sector to private investment, both foreign and domestic”.158 In

other words, foreign investments and technology from the west were encouraged inside

Egypt. At the same time the Egyptian men from middle and lower classes migrated to

work abroad for improving of their income. The migration of young youth to the gulf

countries looking to better working opportunities led to the spread of an attitude of

conservatism among many those workers and also resulted into the transforming of their

wives into “de facto heads of household”159

2.2.2. Legal attempts to improve the situation of women since the 1970

According to Hoda ElSadda, during the 1970s, several initiatives led by women to

modify the personal Status Law (PSL) including tackling the problem of the personal

status law in a famous television work named Urid halan in 1974 which discussed gender

discrimination against a married woman. Elsadda points out that those local initiatives

were coincided with international efforts which resulted into the first international

156 Thompson, J. (2008). A history of Egypt: from earliest times to the present. American University in Cairo Press. Pp 317 157 Kamal, H. (2015). Inserting women’s rights in the Egyptian constitution: personal reflections. Journal for Cultural Research, 19(2), 150-161. 158 Lewis, L. (2012). Convergences and divergences: Egyptian women's activisms over the last century. Mapping Arab Women’s Movements: A Century of Transformations from Within, American University in Cairo Press. Pp52-54 159Lewis, L. (2012). Convergences and divergences: Egyptian women's activisms over the last century. Mapping Arab Women’s Movements: A Century of Transformations from Within, American University in Cairo Press. Pp52-54

71

women’s conference on women in Mexico in 1975.160 As was made clear by Nadia

Sonneveld, it was after the first UN World Conference on Women held in Mexico city in

1975 and attended by Sadat’s wife Gehan, that gender issues became important and were

included on Sadat’s agenda for social reform. On the level of legislative reforms, for

instance, in 1979 Sadat re-amended the constitution by adding electoral quotas for

women, and also issued an emergency decree amending the personal status law which

had been one of the concerns of feminists. Under the new law women were granted more

rights including their ability to leave their marital home for work without the consent of

their husbands and without being deprived of their marital maintenance. Further, the

exiting provision which had allowed a husband return to his wife by force to their marital

home against her consent was abolished under the such amendment. In addition, women

were provided the right to obtain divorce in case husbands practiced polygamy without

their consents, as well as the right of staying in the marital home after divorce.161

Yet, those reforms concerning personal status laws provoked an outrage among

both judges and the conservative forces inside the society. While the first group

considered the law unconstitutional for being issued by a presidential degree during a

period of “parliamentary recess” when the Egyptian People's Assembly was dissolved

and hence without being passed by the parliament. The second group considered it

incompatible with the sharia principles since it considered polygamy (which is a religious

right to men) harmful to women. Consequently, in the 1985 and after a long debate over

the law, the Supreme Constitutional Court declared it unconstitutional on 4 May 1985

and hence women facing legal issues related to the personal status law had to resort to the

160 Elsadda, H. (2011). Women’s rights activism in post-Jan25 Egypt: Combating the shadow of the first lady syndrome in the Arab world. Middle East Law and Governance, 3(1-2), 84-93. 161 Sonneveld, N. (2012). Khul Divorce in Egypt; Public Debates, Judicial Practices, and Everyday Life, The American University in Cairo Press P 27

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1929 law again.162 Mervat Hatem highlights the controversy debates around Sadat's

amendments of the personal status laws as follows:

“The use of presidential decrees to introduce changes in personal status laws

and in the rules of political representation antagonized the active political

groups in the country. It continued the pattern of state curtailment of

democratization, especially the right of the Assembly to discuss and approve

laws. The Assembly was again expected to ratify what the president had

decreed. The left attacked the law as an example of state authoritarianism,

and the Right charged that it contradicted the sharia. This placed political

women mobilized by the Left and the Right in a difficult position. Their

support for the badly needed changes introduced by the law was pitted against

important ideological and political principles they were committed to.” 163

Following president Sadat’s assassination during a public celebration in 1981,

President Muhammed Hosni Mubarak became the president of the Arab Republic of

Egypt who governed Egypt for thirty years. During such period, many achievements

towards women’s legal rights were reached but at the same time many economic burdens

escalated. On the positive side and despite the economic problems which the Egyptian

people witnessed during his reign, it is documented that state feminism under the

patronage of his wife Susanne Mubarak succeeded in guaranteeing some legal

achievements for women. It was during that time that Egypt signed various international

human rights treaties on women which became part of the Egyptian legislation after their

162 Ibídem 163 Hatem, M. F. (1992). Economic and political liberation in Egypt and the demise of state feminism. International Journal of Middle East Studies, 24(2), 231-251.

73

ratification and their publication in the Egyptian national newspapers. Among them The

Convention on the Elimination of All Forms of Discrimination Against women (CEDAW)

to which Egypt signed on the 18th of September 1981 with some reservations on articles

2,9, 16, and 29.164 Egypt also ratified The Convention on the Rights of the Child which

was adopted on 20 November 1989 by resolution 44/25 and entered force on 2 September

1990. Egypt’s ratification on the Convention was on 6 July 1990 with reservations on two

articles namely articles 20 and 21 of the Convention concerning child adoption. However,

on 31 July 2003, Egypt withdrew the reservations concerning the mentioned articles.165

Moreover, the National Council for Women was established by the presidential

decree no 90 in 2000, with the aim of enhancing the situation of women and guaranteeing

their participation inside society. The council has been responsible since then of

suggesting and revising public policies and legislations to ensure their exclusion of any

discrimination against women. 166 Further, the council had collaborated with different

organizations and political authorities towards empowering the Egyptian women

economically, socially and politically.167 Such efforts represented a new beginning and a

positive step towards enhancing the situation of Egyptian women on the legal level. The

government also moved forward towards reforming the personal status law and the

drafting a new marriage law on 26 January (Law no.1 of 2000) known as the Kul Law

signed by president Mubarak adding more rights to women. 168 The new law allowed

164 Morsy, M. (2014). Egyptian women and the 25th of January Revolution: presence and absence. The Journal of North African Studies, 19(2), 211-229. 165 For more details on the Convention and Egypt's reservations visit United Nations Treaty collection. Retrieved:https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-11&chapter=4&lang=en#9 16616-day campaign against violence against women (2016, November 29). Retrieved April 11, 2018, from National Council for Women website: http://ncw.gov.eg/ar/ ةلمح - ـلا 16- موي - ةضهانمل - فنعلا - دض - ةأرملا /. Visited on 11 April 2018 167 Sika, N., & Khodary, Y. (2012). One step forward, two steps back? Egyptian women within the confines of authoritarianism. Journal of International Women's Studies, 13(5), 91-100. 168 Sonneveld, N. (2012). Khul Divorce in Egypt; Public Debates, Judicial Practices, and Everyday Life, The American University in Cairo Press.Pp28-30

74

women to file for divorce contrary to the previous law under which women were not

allowed divorce unless they could prove an ill treatment form their husbands as well as

adopting a new marriage contract.

Under the rule of Mubarak, from the Egyptian legal perspective, there were certain

conditions that needed to be fulfilled before signing a marriage contract. Based on law

No. 100/1985, the “prospective husband” in a marriage contract should indicate his

marital status in the marriage contract and in case he has other wife, the marriage registrar

should inform his wife of the new marriage. Not documenting the marriage in an official

marriage contract results in the failure of accepting marital litigations according to article

17 of law No.1 for 2000.169 According to the conditions introduced by law no 126/2008,

minimum age of marriage by both spouses should not be less than 18 years old to

document a marriage contract and medical examinations are required before concluding

a marriage contract. Hence, no marriage litigations are accepted if one of the spouses is

under the legal age for marriage, as well as criminal punishments are applicable to the

marriage registrar who concluded the contract.170

It was also during the era of Mubarak, as mentions Lewis Leslie, that many activists

and feminists, (secular and Islamic) strengthened their efforts to achieve more rights such

as child custody. These activists based their debates on religious grounds from the Quran

and the Sunna out of their recognition of the importance of Islam as a powerful source

that influence people believes and thoughts171 According to Maya Morsi, who was elected

president of the National Council for Women since 1 February 2016, it was during the

Mubarak regime in which Egypt “witnessed undeniable progress in the women’s agenda

169Elchazli, F. (2012) . Women's Personal Status Rights: Marriage Rules from the legal Perspectives, National Council for Women Publications.Egypt 170 Ibid 171 Lewis, L. (2012). Convergences and divergences: Egyptian women's activisms over the last century. Mapping Arab Women’s Movements: A Century of Transformations from Within, American University in Cairo Press. Pp54-56

75

through legislation and representation in the parliament.” On the legal level, in 2007 for

example, women were granted a quota in the parliament. Moreover, on the national level,

the Mubarak era has been marked significant accomplishments for women’s rights

through the introduction of several legislative reforms which benefit women and girls. In

2008, legislative reforms have been adopted; the Child Law and the criminalizing Law of

the practice of Female genital Mutilation.172 Law no 126/2008 states that the legal age of

marriage should not be less than 18 years old before documenting a marriage contract.173

The 1996 Child Law was amended on the 8th of June 2008 as an outcome of efforts of the

National Council of Childhood and Motherhood (NCCM), a responsible body for drafting

legislations concerning child’s rights, in which the practice of female circumcision was

outlawed, the marriage age was raised to 18 instead of 16, and the penalties for child

abuses were increased. According to the amendments included to article 7 of the Child

Law “performing female circumcision became punishable by three months to two years

in prison and a fine of LE 1,000 to LE 5,000.” Yet, the law has provoked a great debate

among conservatives who believed that the articles amended are western imported and

that they are in contradiction with the Islamic sharia.174

Paradoxically, during the Mubarak years, the recent decade of his regime, the

country had reached a status of social, economic, and political deterioration. Citizens

grew dissatisfied with the situation of inequality, poverty and unemployment which had

prevailed in their country.175 It is true that Mubarak followed the open-Door policy

launched by his predecessor president Sadat “embracing neo liberalist thought” over the

172 Morsy, M. (2014). Egyptian women and the 25th of January Revolution: presence and absence. The Journal of North African Studies, 19(2), 211-229. 173 Elchazli, F. (2012) . Women's Personal Status Rights: Marriage Rules from the legal Perspectives, National Council for Women Publications. 174 The 1996 Child Law Amendments News Articles on the progress. Intact Network. June 2008 175 Singerman, D. (2013). Youth, gender, and dignity in the Egyptian uprising. Journal of Middle East Women’s Studies, 9(3), 1-27.

76

thirty years he remained in power. The neo-liberal policies of privatization of public

sectors as well as globalization affected large segments of the Egyptian society creating

a gap in wages between public and private sectors employees leading to a great

“vulnerability among those trying to remain economically afloat”.176 The decline in the

quality of governmental services including education, health, transportation and housing

negatively affected the population and in particular the poor who suffered from

unemployment and difficulties in obtaining houses due to increasing prices. The

incapability of “providing well-paid jobs to a major part of the workforce extended to

negatively affected women of poor classes. Women were pushed to accept work

opportunities for longer hours outside their homes. Some of those were, further, forced to

be driven out of poverty into compulsory and in-satisfying jobs such as working in trains

offering drinks or working in hotels. More often they were required to wear certain types

of outfits during their working hours such as “very short skirts” as a way of attracting

people and hence promoting for the products they were selling. On the contrary, poor

girls driven from the countryside to work as domestic servants inside houses of urban

families were obliged to wear the hair cover or veil out of the fear that they would have

a “loose behaviour.”177

It is worth mentioning that during the recent decade of Mubarak’s regime, a period

of decline in educational and moral standards, sexual harassment prevailed within the

society and although women were the victims they were often blamed for being

provocative to the harassers as they were conceived as “the sources of temptation and

sexual desires”178 A manifestation of such decline appeared in a shocking incident that

took place in 2006. It was on the vacation of a religious feast when a group of young boys

176 Ibid.p5 177 Amin, G. (2011). Egypt in the Era of Hosni Mubarak, the American University in Cairo press .Pp73-98 178 Alvi, H. (2015). Women's rights movements in the'Arab Spring': major victories or failures for human rights?. Journal of International Women's Studies, 16(3), 294-318.

77

collectively sexually harassed girls in the streets and started ribbing off their clothes in a

public scene in front of many viewers.179 Furthermore, during Mubarak’s era, Egypt

witnessed a widespread religious discourse on several social matters such as the face veil

(niqab). The society witnessed the appearance of religious preachers who influenced

many girls and women on religious matters. Several discourses were moderate and others

extremist through which new thoughts were introduced to the societies. Galal Amin

highlights that wearing the hijab or the head cover for many people became a social norm

to go out for work in a society mixed with men:

“wearing the hijab cannot be easily considered as ‘retrograde’ or that it

represents a deterioration of the status of women. Indeed, its spread could be

easily regarded as a new step along the road to the greater liberation of

women. The spread of the hijab may have something to do with Egyptian

women having to leave the house to work, to study, or to bear burdens that

their husbands once did before they migrated to the Gulf or before the

onslaught of high rates of inflation. Women, therefore, now must mix more

with unrelated men in the streets, in universities, and in mass transit than they

did before. Leaving the house wearing a hijab may indeed be a step toward

greater emancipation as compared to remaining bound to the home, with or

without the veil.”180

As time went on the social, economic, and political situation became deteriorating

to large segments of Egyptians. Most people became distressed of Mubarak’s rule in his

179 Amin, G. (2011). Egypt in the Era of Hosni Mubarak, the American University in Cairo press.Pp76-78 180 ibid. Pp124-125

78

final years of his regime when he reached his eighty-three years and all signs of corruption

spread among his ministers and cabinet. It became clear that laws were passed without

serious parliamentary discussions and signs for his son’s “bequeathing” of office became

obvious.181 On the 25th of January 2011, a mass revolution erupted in Cairo. The

demonstrators took from the Tahrir Square, which literally means liberation in the Arabic

language, a central spot for their gatherings. Their protests were initially against

deteriorating economic conditions, then on the 7th of February their demands were

extended to include the change of the regime which they saw as corrupting. Despite of

the concessions made by Mubarak and his promises of not running for the following

elections, protestors remained in the streets till the fall of the regime on the 11th of

February 2011.182 In fact, the 25th January revolution came as part of what came to be

known ar-Rabīʻ al-ʻArabī (the Arab Spring) or aṯ-'awrāt al-ʻarabiyyah (The Arab

Revolutionaries). The Arab Spring is a term which refers to a wave of revolutionary

movements emerged in several Arab countries. Such revolutions demanded the change

of the existing regimes during that time which had stayed in power for several decades.

It ignited in Tunis in December 2010, when a Tunisian man named Mohamed Bouazizi

set himself on fire in protest on his country’s corrupt government. When the Tunisian

revolution following the self- immolation of Bouazizi turned victorious and forced the

president to flee his country, similar revolutions erupted in Libya followed by Egypt.183

Though, the Arab Spring aimed for achieving political purposes, yet, what is

remarkable for this study is that it broke many barriers on taboo issues and paved the way

for the inclusion of gender issues and violence in the public and political discourse of the

181 Ibid, Pp147-159 182 Nepstad, S. E. (2013). Mutiny and nonviolence in the Arab Spring: Exploring military defections and loyalty in Egypt, Bahrain, and Syria. Journal of Peace Research, 50(3), 337-349. 183 Singerman, D. (2013). Youth, gender, and dignity in the Egyptian uprising. Journal of Middle East Women’s Studies, 9(3), 1-27.

79

21st century.184 During the uprisings of the 2011 revolution, as describes Sorbea, women

from various segments of society who “inundated the public space, the square, to assert

their will, as Egyptian citizens, to remove the regime” had developed during the 18 days

of the revolution a new experience and became aware that gender is a political problem.185

It was clear that women have become active “key players” in deciding their future and

the future of their country. They demanded freedom, equal citizenship, and better

opportunities as necessary steps on the road of gender equality. 186 It is worth mentioning

that Women’s participation in the revolution did not mean that they were passive

participants in earlier years. There have been some efforts during decades prior to the

revolution towards improving women’s situation inside society. Lila Abu-lughod, for

instance, describes those efforts as follows:

“in Egypt over the past two decades there has been an NGO-ization of

women’s rights work boosted by significant foreign funding, a strong

governmentalization of women’s rights work as in the takeover of resources

by Suzanne Mubarak and her council on women, and also a kind of

commercialization of feminist work as sophisticated urban feminists involved

themselves in catchy projects that depoliticized issues-like the campaign on

the street harassment that promised to use new technologies including instant

184 It is note mentioning that the Arab spring which initiated in Tunisia and spread among different countries resulted in some positive outcomes to women in following years. In Tunisia for instance and after several years of efforts regarding achieving gender equality- such as establishing a minimum age for marriage and the requirement of mutual consent in a marriage contract, On 26 July 2017, Tunisia achieved to adopt a new law on violence against women. Tunisian first national law on violence against women includes a definition of violence with its different types; physical, psychological, sexual and economic. And provides for new mechanism of protection and assistance to victims of violence. 185 Sorbera, L. (2014). Challenges of thinking feminism and revolution in Egypt between 2011 and 2014. Postcolonial Studies, 17(1), 63-75. 186Rice, X., Marsh, K., Finn, T., Sherwood, H., Chrisafis, A., & Booth, R. (2011). Women have emerged as key players in the Arab spring. The Guardian, 22, 2011.

80

Messaging and that was funded nicely by corporate interests, especially

mobile phone companies.”187

2.2.3. A period of setbacks in Women’s historical gains

On 2011, when President Mubarak started offering concessions before he finally

stepped down from power, the Muslim brotherhood member joined the gathering of

protestors in Tahrir square. Following the eruption of the January revolution, the

Constitution of 1971 had been annulled on 13 of February 2011 and a new Constitution

was being drafted.188It is worth mentioning that on 8th March 2011, hundreds of women

who took to the streets to celebrate the International Women’s day, were surrounded by

a group of men who harassed and sexually assaulted them. According to Elsadda, those

women protesters were accused of three things; copying the western agendas,

transcending the cultural values of the society, and of “accomplices of the decadent and

corrupt Mubarak regime.”189

On the post-revolution period of 2011, women’s situation became precarious, with

the Muslim Brotherhood who ascended to power for a short period which led the country

to a period of uncertainty. It seems that history repeated itself when women were deprived

of their rights after their participation in the 1919. The same incident happened after their

participation in the 25th revolution when the Muslim Brotherhood aimed at deprived

them of their historical gains. In the aftermath of Mubarak’s removal from power, In the

first parliamentary election of 2011, the Muslim brotherhood formed their political party

187 Abu-Lughod, L., & El-Mahdi, R. (2011). Beyond the" Woman Question" in the Egyptian revolution. Feminist Studies, 37(3), 683-691. 188 Kamal, H. (2015). Inserting women’s rights in the Egyptian constitution: personal reflections. Journal for Cultural Research, 19(2), 150-161. 189 Elsadda, H.(2011). Women’s Rights Activism in Post-Jan25Egypt: Combating the Shadow of the First Lady Syndrome in the Arab World. Middle East Law and Governance,3,84-93

81

the Freedom and Justice Party (FJP). On 2012, they ran for the presidential elections with

their candidate Muhammed Morsi who won by 51% of the votes to become Egypt’s

elected president.190 It is worth mentioning that the Muslim brotherhood group has been

known by their violent history since its founding in 1928 by Hassan Al-Banna. Initially,

it was founded to spread good Islamic morals among the population and sought to fight

corruption inside society. However, its works had been transformed into political

activities including assassinations and bombings. On 1954, whilst the group was banned

and many of its members were imprisoned, the group continued its activities clandestinely

till the 80th when the group managed to re-join the political life as the biggest opposition

party to the ruling regime.191

Only after a brief period of resuming his role as president, Morsi issued a new

Constitutional Declaration on November 2012 and granted himself several powers. It was

apparent that the Brotherhood aimed at putting their interests above the interest of other

segments of society, the matter that was manifested in the process of drafting the new

constitution. The Muslim Brotherhood dominated the Constituent Assembly by

appointing 65 Islamists out of the 100 members and thus leaving to women, Copts and

secularists only 20 seats.192 They directed their attack towards the Convention Against

all Forms of Discrimination against Women (CEDAW), the Khul’ Law, the amendments

made to the nationality law no. 26/1975 which granted Egyptian nationality to children

born to Egyptian mothers, the illegalization of the practice of Female genital mutilation

and the of legal age for marriage. In general ,women’s rights previously obtained in

190 ibid 191 Lewis, L. (2012). Convergences and divergences: Egyptian women's activisms over the last century. Mapping Arab Women’s Movements: A Century of Transformations from Within, American University in Cairo Press. Pp49-50 5 192 Tarek H. (2013, January3-9). The Muslim Brotherhood’s past and present, Al-Ahram Weekly News. issue 1129

82

former decades were being attacked.193 On the whole, it became obvious that the

Brotherhood started a process of political “Islamization” of the country’s institutions, and

that women were becoming targets of their violence.194 This fact was crystalized by their

removal of an article from the draft constitution which have criminalized gender

discrimination.195 Further, their stance from women’s rights were apparent through their

attack to the National Council for Women (NCW).196 They called for the dissolution of

the NCW upon following the criticism directed to it after the 57th session of the UN

Commission on the Status of Women (CSW) which took place from March 4-15 2013.197

Knowing the historical background of the Muslim brotherhood, the political scene during

the year 2012 aroused concerns about the future of women under the rule of the Muslim

Brotherhood due to their denial of women's rights.198

Many voices were raised against the personal status laws amended during

Mubarak’s regime and claimed that the laws were harming to the stability of Egyptian

families. The personal status laws included the Khul Law mentioned above which allowed

wives to obtain a unilateral divorce through a judicial order and raising the age of children

in the custody period in which they stay with their mother to 15 years old. On the other

side, advocates on the laws insisted that these laws were based on the Islamic sharia with

no contradiction to the Islamic faith. Further they pointed out that before these laws came

193 Sika, N., & Khodary, Y. (2012). One step forward, two steps back? Egyptian women within the confines of authoritarianism. Journal of International Women's Studies, 13(5), 91-100. 194Tarek H. (2013, January3-9). The Muslim Brotherhood’s past and present, Al-Ahram Weekly News. issue 1129 195Women the victim of violence — then be blamed (2013, January 16). Retrieved from AL- Ahram weekly newspapers http://weekly.ahram.org.eg/News/2117/22/Social-media.aspx 196 Egypt’s women Council slams shura MPs over UN criticism. (2013.April 16). Retrieved from http://english.ahram.org.eg/NewsContent/1/64/69405/Egypt/Politics-/Egypts-women-council-slams-Shura-MPs-over-UN-criti.aspx 197Salafist MP calls for dissolution of Egypt’s National Council for Women (2013, May30), aharam News. Retrived from http://english.ahram.org.eg/NewsContent/1/64/72765/Egypt/Politics-/Salafist-MP-calls-for-dissolution-of-Egypts-Nation.aspx 198Alvi, H. (2015). Women's rights movements in the'Arab Spring': major victories or failures for human rights?. Journal of International Women's Studies, 16(3), 294-318.

83

into force during the Mubarak regime, they have been approved by the Azhar Islamic

Research center before they were presented to the People’s Assembly.199

The Muslim Brotherhood Freedom and Justice Party, for instance aimed at reviving

the outlawed practice of Female genital mutilation (FGM) which had been outlawed since

2007. Their attempts to renew the procedure included launching propagating campaigns

and charity mobile convoy in May2012 performing FGM in villages and proveniences of

the southern part of Egypt.200 They spread among illiterate citizens that girls who are not

circumcised are lacking the religious faith. Members of the MB further forced poor

families in some Egyptian governments to circumcise their daughters.201

The situation which Egypt witnessed under their rule, made the majority of the

Egyptian worried about the situation of their country. For this on 25 January 2013, for

instance, the Egyptian square of Tahrir was filled with all strata of society who took to

the streets to urge the Morsi to step down. Women participated peacefully by raising

photos of prominent and feminist figures among history such as Huda Sharawi and Duria

Shafik.202 Nonetheless, violence against women escalated in the Tahrir square where 19

cases were reported to have been victims of violence on that day. Women were attacked,

beaten or cut by blades in parts near their genitals. Victims “who were shouting slogans

related to the empowerment of women and criticism of president Morsi” were encircled

by a group of men who groped victim’s bodies, breasts, and genitals. The organized

attacks aimed to refrain women from participating against the regime. In the story of one

of the victims to amnesty international the scene of the assault was described as follows:

199 Leila, R. (2011, May 5-11). Controversy over 'Suzanne's laws'. Retrieved from Al-Ahram Weekly News. 200Egypt to revive female genital mutilation in the name of Islam?(2012, May16) Retrieved from RT website https://www.rt.com/news/egypt-revive-mutilation-alarm-372/ 201 "Al-Talawy" accuses the Brotherhood of the prevalence of female genital mutilation: "they do everything necessary to break women.(2016, June2). Retrieved from al-Masri al Youm News http://www.almasryalyoum.com/news/details/887794. Visited on 27 June 2017 202 Salmawy, M. (2015): Single Shot Pistol � Egypt under Brotherhood rule, Al Dar Almasriah al-libnania Publications, Cairo.. Pp251-252.

84

“The space was gradually becoming narrower and I started hearing [name

removed] screaming… The girl next to me disappeared… Tens of hands then

came onto me, some touching my thighs… I started screaming: ‘What is this?

What is happening?’… Then five or six men dragged me away from the

circle, as someone was trying to lift my clothes up... They didn’t manage

because I had lots of layers on and a long heavy coat... They were pulling and

pushing me in all directions. At some points, I couldn’t feel my feet on the

ground.”203

On April 2013, a movement composed of young activists (Tamarod) started

collecting signatures for a petition asking Morsi for resignation. The movement

succeeded through its activism in the streets, and on social media such as Facebook and

Twitter to collect more than 22 million signatures from Egyptians on the petition.204 Upon

Morsi’s refusal to step down from power, after the collection of more than 22 million

signatures on the petition, Egyptian masses exceeding 33 million people, took to the

streets in a massive demonstration.205 The fear of the (MB), immensely reinforced the

notion that women’s rights are at stake, and therefore women participated in the massive

demonstrations. Upon the demands of the Egyptian people, Morsi was given an

ultimatum of 48 hours to step down from power.206 On 3 July 2013, after the revolutions

of 30 June which removed Morsi from power, the constitution which was drafted in 2012

203Amnesty International. (2013). Egypt: Gender-based violence against women around Tahrir Square. Retrieved from https://www.atria.nl/epublications/IAV_B00108541.pdf 204Egypt's Tamarod protest movement (2013, July1), BBC. Retrieved from http://www.bbc.com/news/world-middle-east-23131953 205 Salmawy, Mohamed (2015): Single Shot Pistol � Egypt under Brotherhood rule, Al Dar Almasriah al-libnania Publications, Egypt. Pp371-375. Original title of the book in Arabic is م ٫ ةدحاولا ةقلطلا سدسم�

ناوخالا م�ح تحت . 206 Tarek H. (2013, January3-9). The Muslim Brotherhood’s past and present, Al-Ahram Weekly News. issue 1129

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was suspended and a new committee formed of experts was formed to amend the

suspended Constitution. The final draft of 2014 Constitution, as Hala Kamal puts it,

revealed that “women’s voices were heard”.207The removal of Morsi from power was in

response to the demands of most of the Egyptians including women who saw in the rule

of the Muslim Brotherhood a threat towards their country. Everyone was concerned about

the future of Egypt under the rule of those radical and extremist group who wanted to

return the country to years of ignorance and subjugate women to several types of

discrimination and backwardness. They viewed women’s role as a one which should be

restricted to the domestic sphere with no participation in the public one. Hence, the

removal of Morsi from power was a fundamental step for protecting Egypt. It became

clear that such a step not only marked the end of a hostile regime to women’s rights, but

rather, opened the door for bigger role of women’s participation as equal citizens to men.

It further, placed the issue of violence against women on the political agenda of the new

era starting from 2014.

In the above sections of this chapter, my aim was not directed to any political

interest, but rather to reflect back on the situation of women under the different

transformations. The transformations which have taken place in Egypt through history

played a great role in the current situation of women where finally the topic of violence

against women as a social problem was included into the public and political discourse

after long struggle of feminist and activists. Like western feminists who challenged the

narrow social expectations of intellectuals which regarded women as inferior, Egyptian

feminists played a similar role in Egypt during the 19th and 20th century and paved the

way for further generations of women. They refused gender segregation imposed upon

207 Kamal, H. (2015). Inserting women’s rights in the Egyptian constitution: personal reflections. Journal for Cultural Research, 19(2), 150-161.

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them and struggled to obtain what was granted to male members of society. However,

their feminism was based on respecting their religion without transcending their moral

code as Muslims. Yet what they refused what was erroneously imposed upon them and

inherited from social customs in the name of religion. Hala kamal, for example, suggests

“a framework in which the Egyptian feminist movement could be divided into four

waves”, according to such division the first wave takes place during the period which

extends from the 1919 revolution till the 1923. The second wave takes place starting with

the 1956 which witnessed what came to be known as state feminism. The third wave as

she classifies them dates back to the late 1970s and early 1980s. Finally, the fourth wave

started after the 25th January revolution and the rising of feminist activism.208

2.3. Towards addressing violence in the new era of the state

2.3.1. Violence as a broad term

Violence as a broad term is defined by the World Health Organization as “The

intentional use of physical force or power, threatened or actual, against oneself, another

person, or against a group or community, that either results in or has a high likelihood of

resulting in injury, death, psychological harm, maldevelopment or deprivation.” It is

divided into three categories; self-directed which include harm inflicted upon oneself,

interpersonal which include violent acts between family members of strangers, and

collective violence that is perpetrated by large groups or states against individual.209

Among these broad categories, violence against women constitutes part of the

interpersonal violence which in turn is divided into two subcategories; acts of violence

208 Kamal, H. (2015). Inserting women’s rights in the Egyptian constitution: personal reflections. Journal for Cultural Research, 19(2), 150-161. 209 Krug, E. G., Mercy, J. A., Dahlberg, L. L., & Zwi, A. B. (2002). The world report on violence and health. World Health Organization, Geneva.

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by family member, or those perpetrated by strangers inside a community.210 It represents

one of the epidemic problems in distinct parts of the globe and adopts various forms such

as; beating, murdering, trafficking, genital mutilations among many other types. And it

affects women despite of their education, age, or financial status either economically,

psychologically or sexually.211 As shown in the following Figure, it exists in a female life

cycle either in the period of pre-birth, girlhood, adolescence and adulthood or against

elderly women.212 In pre-birth stage, violence could appear in abortion operations in some

countries on sex selective basis. It also affects girls through different stages of life as seen

in several countries from girls undergoing female genital operations, suffering child

marriages or different types of abuse. It is estimated, for example, that around 650 million

girls and women around the world “have been married as children, and over 200 million

have undergone FGM.”213 Violence also extends throughout the life cycle of a woman to

affect elderly women in various forms.

210 Krantz, G., & Garcia-Moreno, C. (2005). Violence against women. Journal of Epidemiology & Community Health, 59(10), 818-821. 211The United Nations, United Nations Statistics Division (2015). The World’s Women 2015: Trends and Statistics. Retrieved from https://unstats.un.org/unsd/gender/worldswomen.html 212 World Health Organization. (1997). Violence Against Women: Definition and scope of the problem. Geneva, Switzerland: The World Health Organization. 213 UNICEF.Harmful practices: Child marriage and female genital mutilation are internationally recognized human rights violations. Retrieved from https://www.unicef.org/protection/harmful-practices

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Figure 1

Violence against Women Throughout the life cycle

Source: The table is my own elaboration based on World Health Organization. (1997). Violence Against Women: Definition and scope of the problem. Geneva, Switzerland: The World Health Organization. Retrieved from https://www.who.int/gender/violence/v4.pdf

Pre-birth1-Sex-selective abortion 2-Effects of battering during pregnancy on birth outcomes

Infancy1-Female infanticide 2-physical, sexual and psychological abuse

Girlhood

1-Child marriage 2-female genital mutilation 3-child prostitution 4-pornography

Adolescence andAdulthood

1-Trafficking2- sexual abuse in the home or workplace3-partner violence

Elderly1-Forced suicide or homicide of elderly

women for economic reasons

2-sexual, physical and psychological abuse

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One of the main characteristics of violence against women is that it is mainly directed

towards women for the only reason of belonging to the female sex. Therefore, it is

often referred to as gender-based violence due to its link to women’s subordinate status

inside society.214 It is seen “as frequently in the houses of the rich as in those of the

poor” where it only differs according to culture.215 For a better understanding of the

term, the United Nations General Assembly provided a clear definition on the matter.

Through its Declaration on the Elimination of Violence against Women, the General

Assembly introduced the “first official and comprehensive definition” of violence

against women in 1993.216 It is, thus, defined as “any act of gender-based violence that

results in, or is likely to result in, physical, sexual, or psychological harm or suffering

to women, including threats of such acts, coercion or arbitrary deprivation of liberty,

whether occurring in public or in private life.”217 It is classified into four categories;

physical, economic, psychological, and sexual. The physical violence, refers to the

“behavior by which a person(s) intentionally hurt another person physically.”218 This

could include beating, slapping, pushing, choking, threatening a victim with a certain

weapon, or ingestion of any object into the victim’s body. It results in injuries such as

scratches, bruises and burns,219 and in certain cases physical violence could lead to

214 Kharboush, I. F., Roudi-Fahimi, F., Ismail, H. M., Mamdouh, H. M., Muhammad, Y. Y., Tawfik, M. M., ... & Sallam, H. N. (2010). Spousal violence in EGYPT. Population Reference Bureau. 215 French, S. G., Teays, W., & Purdy, L. M. (Eds.). (1998). Violence against women: Philosophical perspectives. Cornell University Press. 216 Somach, S., & Abou Zeid, G. (2009). Egypt violence against women study. Literature review of violence against women. Washington (DC): United States Agency for International Development. 217 Assembly, U. G. (1993). Declaration on the Elimination of Violence against Women. UN General Assembly. Retrieved from http://www.un.org/documents/ga/res/48/a48r104.htm 218Steen, K., & Hunskaar, S. (2004). Gender and physical violence. Social Science & Medicine, 59(3), 567-571. 219Duvvury, N., Marcos, M. O., Gadallah, M., Attia, S., El Adly, N., Maged, W., & Haddad, G. (2016). The Egypt economic cost of gender-based violence survey (ECGBVS) 2015. Cairo: Central Agency for Public Mobilization and Statistics (CAPMAS), Egypt.

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death.220 Psychological Violence, on its turn, impairs all actions that result in

psychological harm to a victim and encompasses a wide range of actions including

insulting a female victim or “belittling her in front of others.”221 It further encompasses

the act of ignoring or treating a victim indifferently and forbidding her from visiting

her relatives or participating in any social activity.222 In marital relations, for instance,

psychological violence could be seen in continuous threatening of a wife by several

means which include the threat of divorce.223 As for the Economic violence, it refers

to the act of restricting or controlling a woman’s access to economic resources or

preventing her from working or from decision making on economic resources. It could

extend to forcing a woman to give up all her economic earnings under the use of force

to her husband.224 This occurs with the aim of guaranteeing a wife’s subjection to the

cycle of violence in which she lives.225The fourth type of violence namely sexual

violence, it refers to a wide range of sexual acts which are perpetuated by a stranger

or a known person. In its report on violence and health, the World Health Organization

defined sexual violence as “any sexual act, attempt to obtain a sexual act, unwanted

sexual comments or advances, or acts to traffic, or otherwise directed, against a

person’s sexuality using coercion, by any person regardless of their relationship to the

victim, in any setting, including but not limited to home and work.”226According to

220 United Nations Economic and social Commission for Western Asia. (2017). Status of Arab Women Report 2017 Violence against Women: What is At Stake. Retrieved from https://www.unescwa.org/sites/www.unescwa.org/files/publications/files/arab-women-report-violence-against-women-english.pdf 221 ibidem 222 Mosleh, H., Abdelhai, R., Roudi, F., & Ashford, L. S. (2015). Advancing Egyptian society by ending violence against women. 223National Council for women (2012). Violence against women. Nation council Publications, Cairo. 224 Mosleh, H. & Abdelhai, R (2014). Cairo University Study Shows Mental Ill-Health During Pregnancy Is Associated with Spousal Violence. Population Reference Bureau. 225 Krug, E. G., Mercy, J. A., Dahlberg, L. L., & Zwi, A. B. (2002). The world report on violence and health. World Health Organization, Geneva. Retrieved from http://apps.who.int/iris/bitstream/10665/42495/1/9241545615_eng.pdf 226Krug, E. G., Mercy, J. A., Dahlberg, L. L., & Zwi, A. B. (2002). The world report on violence and health. World Health Organization, Geneva.

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the World Health Organization report on violence and Health 2002, sexual violence

includes: “coerced sex in marriage and dating relationships, rape by strangers,

systematic rape during armed conflict, sexual harassment( including demands for

sexual favors in return for jobs or school grades), sexual abuse of children, forced

prostitution and sexual trafficking, child marriage, and violent acts against the sexual

integrity of women, including female genital mutilation and obligatory inspections for

virginity.”227 Sexual violence could be produced in several circumstances either in

private or in public spaces and could be performed by known or unknown persons.

Perpetuating sexual violence by Known persons could take place inside a marital

relationship, for instance, through which a husband or a partner forces his wife to

perform any sexual act considered humiliating to her or force her to have sex against

her will.228 It also occurs in families when parents marry off their daughters in an early

age in what came to be known as child marriage.229 In some cultures, sexual violence

appears in honor killings in which parents kill their daughter to defend their honor.230

Further, sexual violence is often seen in the practice of female genital mutilation

imposed on young girls by their caregivers which I will discuss in the next chapter.

227 World Health Organization. (2002).World report on violence and health: summary. Retrieved from https://www.who.int/violence_injury_prevention/violence/world_report/en/summary_en.pdf 228 United Nations Economic and social Commission for Western Asia: Status of Arab Women Report 2017 Violence against Women: What is At Stake. Accessed at: https://www.unescwa.org/publications/arab-women-report-violence-against-women 229 Roudi-Fahimi, F., & Ibrahim, S. (2013). Ending child marriage in the Arab region. Population Reference Bureau, 1(8). 230 Plan International. Gender Based Violence. https://plan-international.org/ending-violence/gbv-gender-based-violence#

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2.3.2. Violence in the Egyptian society

The problem of violence against girls and women had always been an epidemic

problem in the Egypt despite the shortage in data. With the fall of an authoritarian regime

in Egypt, social barriers on taboo issues have been broken and feminists’ activism after

that period succeeded in establishing an inclusive framework for addressing the different

forms of violence against women inside the Egyptian society. It was in light of the

escalating violence against women in all cities of Egypt, that silence was no longer an

option. It became obvious that violence became a problem for the society as a whole. In

Egypt Feminist discourse on violence can be traced back inside the Egyptian society to

the early twentieth century when feminists started to direct their criticism towards existing

social practices during their time such as prostitution which occupied their concern during

the colonial period. Also, they directed their efforts as mentioned in the first chapter

towards reforming the personal status law and restricting the practice of polygamy which

caused psychological harm to women. Yet those efforts exerted towards those practices

could not be described as efforts directed towards the concept of violence as a broad term

of its perception in the 21st century. And in spite of the state’s efforts during the final

decades of the 20th century and the beginning of the 21st century to enhance the situation

of women and outlaw certain practices against women, those efforts were of little

influence on the political debate. As a result, violence as a major problem did not occupy

the attention of the public discourse.

It was the new threat Egyptian women faced during the political transformations,

which brought the radical Islamists to power in the post 2011 revolution, that alarmed

feminists as well as the state. For this they were determent to addressing violence as a

major problem for women and an issue to be included in the political agenda of the 21st

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century. Accordingly, I believe that tackling violence against women initiated directly

after the removal of the Muslim Brotherhood from power, a time when violence as well

as women’s rights were included on the political and social agendas of the state. I believe

that the outcome of a long struggle of Feminists efforts against violence in that period

was coined with the state’s adoption of the 2014 Constitution which included for the first

time articles not mentioned in the previous constitution and provided equality between

men and women in all rights.231 Those efforts to combat violence against women or any

type of discrimination against women in the period following the fall of the Muslim

Brotherhood regime, included Amendments to Article 11 of the Constitution to become

more equitable for women. Article 11, for instance, states that “the State shall commit

itself to protect women against all forms of violence.”232 Moreover, article 11 mentions

the state’s commitment to ensuring “women empowerment to reconcile the duties of a

woman toward her family and her work requirements.”233 According to article 25 of the

Egyptian Constitution, the state commits to work on eradicating “alphabetical and digital

illiteracy for all citizens.”234Moreover, the constitution, in its article 53, established for

equality in public rights and duties and declared that all citizens “are equal before the law,

possess equal rights and public duties, and may not be discriminated against on the basis

of religion, belief, sex, origin, race, color, language, disability, social class, political or

geographical affiliation, or for any other reason”. And that all necessary measures shall

be taken to eliminate any form of discrimination.235

231 Combating violence against rural women and access to justice. http://ncw.gov.eg/ar/ ةحفا�م - فنعلا - دض -

ةارملا - ة¢ف �لا - وصولاو / 232 National Council for women. Press release 233 Egypt's Constitution of 2014, Translated by International IDEA. Retrieved from https://www.constituteproject.org/constitution/Egypt_2014.pdf. Accessed on 23/1/2018 234 ibid 235 Ibid

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According to Nehad Abol Komsan, the 2014 constitution is “considered one of the

best constitutions that maintained women’s rights in Egypt’s history” since it granted

mothers the right of passing the Egyptian nationality to their children from non-Egyptian

husbands, raised the obligatory education to the secondary level which declines child

marriages, and criminalizing trafficking in women and girls.236 Further, According to

article 51 of the Egyptian constitution, Human dignity is a right of all citizens without

discrimination as declared and to article 60 of the Egyptian constitution, any mutilation

to the human body is “a crime punishable by law.”237 A child according to the definition

of the Egyptian constitution (article 80) is “anyone who has not reached 18 years of age”

who shall be protected by the state from any form of violence or sexual exploitation

according to the same article of the constitution.238Moreover, on 2014, one of the positive

steps towards addressing violence against women inside society was the ratification of a

new law “criminalizing sexual harassment” by punishing the perpetrator by imprisonment

and a fine. Violence against women units, were also established by the Ministry of Interior

to provide more protection to victims of violence.239 In 2014, as a positive step to combat

sexual harassment, the Cairo University established an Anti-Harassment Unit, in which

complaint could be sent to provide an assistance to the victims.240 Further, violence

against women were addressed through several campaigns among them the 16 Day

Campaign denominated “Konnie” which took place during the period 25thof November

236 Egyptian Center for Women’s Rights. (2014). Women’s Status Report Summary of the Egyptian Center for Women’s Rights 2014. Retrieved from https://ecwronline.org/index.php/2015/03/08/2014-the-year-of-unfulfilled-promises-for-egyptian-women/ 237 Egypt's Constitution of 2014, Translated by International IDEA. Retrieved from: https://www.constituteproject.org/constitution/Egypt_2014.pdf. Accessed on 23/1/2018 238 Ibid 239 Egyptian Center for Women’s Rights. (2014). Women’s Status Report Summary of the Egyptian Center for Women’s Rights 2014. Retrieved from https://ecwronline.org/index.php/2015/03/08/2014-the-year-of-unfulfilled-promises-for-egyptian-women/ 240 For more information on the Anti-Harassment Unite inside the Cairo University, visit the following link: https://cu.edu.eg/anti-harassment

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till the 10thof December 2016. It focused on communications with youth and families in

different governments of Egypt to raise awareness among them of the importance of

combating all types of violence.241 Under the auspices of the National Council for

Women, and with the participation of the Social Research Center of the American

University in Cairo, and El-Zanaty and Associates, the International Men and Gender

Equality Survey (IMAGES) was conducted in Egypt in 2016-2017, to corporate in

understanding men’s attitudes towards certain topics of gender equality. The Survey

tackled men’s attitudes and practices in this respect and women’s opinions on topics

related to gender equality and violence against women. The Survey included a sample of

3000 households from five governorates in Egypt – Cairo, Menoufia and Sharkia, Sohag

and Beni-Suef). The five selected governorates represent both urban and rural areas.242

The questionnaires involved into the survey covered a range of topics related to gender

equality including topics of marriage and divorce, women’s role in public life, violence

and female genital mutilation.243 Further, the year 2017 was declared a year for women

due to the efforts exerted by the country- nationally, regionally and internationally - to

enhance the situation of Egyptian women.

It is true that women had suffered among different stages of history from violence

both in the private and public spheres. In the public sphere, for instance, women had

“suffer from all forms of sexual harassment; starting with verbal harassment up to

rape¨.244 In the private sphere, on the other hand, girls and women suffered from the

traditional practice of female genital mutilation which highly affected a country with a

241 The National Council for Women. Visited on 11 April 2018 http://ncw.gov.eg/ar/ ةلمح - ـلا 16- موي - ةضهانمل - فنعلا - دض - ةأرملا / 242 National Council For Women: 2016-2017 Understanding Masculinities: INTERNATIONAL MEN AND GENDER EQUALITY SURVEY (IMAGES), Egypt. http://ncw.gov.eg/wp-content/uploads/2017/12/mosawaeng.pdf. Accessed on 25 January 2018 243 Ibid 244 Abol Komsan, N. (2014). Women’s Status Report 2014 Summary. Egyptian Center for Women’s Rights, Retrieved from http://ecwronline.org/?p=6595

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population of over 91 million persons according to the Gender Global report.245 For my

part my discomfort with the promotion of the practice of female genital mutilation among

the common population in the name of religion led me to is to examine only the practice

of FGM which made several segments of the Egyptian population become deceived by

radical opinions on the practice and hence keep performing it on their daughters.

Though women’s issues were not the main concern of political players during several

decades, yet, the inclusion of women and gender issues in political agenda was intensified

recently during the regime of President Sisi. The permanent encouragement for Egyptian

women was further reflected in the recent cabinet reshuffle of December 2019 which

witnessed the assumption of 7 ministerial portfolios by women.246

2.3.3. The role of the media

Since the role of the media and Television has become an influential channel in

the lives of people on a daily basis, it came to an important channel in transmitting correct

information about the violent practice of FGM. Aimed at raising awareness on the issue

of violence against women, the media treatment of violence was outstanding. Public

debate emerged through the media where Taboo issues became a public discussion in TV

programs to raise awareness among society of the negative consequences of violence. In

recent years television programs were broadcasted “disseminating information” about the

negative consequences of FGM tackling both health and religious sides.247 These

245 The Global Gender Gap Report. 2016. The World Economic Forum. http://reports.weforum.org/global-gender-gap-report2016/economies/#economy=EGY 246 Egyptian women have a greater role in the political scene; The reshuffle confirms President Sisi’s support and confidence in her. (2019, December 22). Ahram News. Retrieved from http://gate.ahram.org.eg/News/2340297.aspx 247 United States Department of State. (2001).Egypt: Report on Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) Retrieved from www.refworld.org/docid/46d57876c.html

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programs used influential public figures such as the Minister of Health and Population as

well as the Grand Mufti of Al Azhar who addressed the issue in a simplified manner to

reach to the minds of ordinary people. Moreover, soap operas tackled FGM either directly

or indirectly. In 2013, for example, a famous soap opera named Bent Ismaha Zaat (A girl

named Zaat) addressed the issue of FGM through exploring the political and social

changes that occurred in Egypt during the two revolutions of 1952 and 2011.248 Inside

this work, FGM is tackled in a scene that shows the barbarity of this procedure by using

a shaver knife during operation. The negative effects of FGM were also highlighted

through shedding the light on the difficulties the protagonist faced since an early age and

through her marital life which convinced her to refuse circumcising her daughters.249

Another art production that shed the light on the practice of FGM is a movie called Asraar

Al-Banat (Girls’ secrets) in which the protagonist who had been engaged into a premarital

relation with her boyfriend got pregnant. On the day of the delivery, being not married

the doctor who delivered her performed circumcision on her without the consent of her

parents out of his judgment that she should be circumcised since she has an immoral

behavior. In a scene with his colleague about why he performed the operation of FGM he

expressed his belief that her illicit behavior was due to the fact that she had not been

circumcised.250 The argument in the scene between her family and the doctor reflects a

message through the media.

248 For information about the soap opera see: www.elcinema.com/work/1975418/content 249 An article in Arabic about TV series that dealt with the practice of FGM in the Egyptian society, Sada Al-Balad newspapers. http://www.elbalad.news/2324932 Accessed on 15 July 2016 250 An article in arabic about TV series that dealt with the practice of FGM in the Egyptian society, Sada Al-Balad newspapers, 15 July 2016, accessed at: http://www.elbalad.news/2324932. For more information see also http://www.elcinema.com/work/1975418/content

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The media, as Miguel Lorente Acosta describes, plays a key role in contributing

to spread the knowledge about the reality of existing aggression against women.251

Through the information transmitted through the television channels in Spain, for

instance, tackling the issue of violence against women, people got aware of a reality

existing around them in society. Likewise, Egyptian television and social media played

during the last few years an open channel for discussing issues which had been considered

taboo subjects in the past. Highlighting the issue of FGM as a violation of girls’ rights

had been the focus of many public campaigns and tv programs as well as film production.

Television, for example, has become an influential source in the lives of its audiences, on

daily basis, hence it could be used as an important channel of transmitting correct

information on social misconceptions. TV programs have been used lately regarding this

matter.

Further, modern technologies and the spread of several channels of mass media

such as Facebook and YouTube were used to denounce violence and spread awareness

among the public. For this, short films, documentaries and campaigns were realized in

collaboration with UN agencies such as Zero Tolerance for Female Genital Mutilation

campaign. Moreover, art was used as a “powerful tool” to convey certain messages such

as criticizing sexual harassment252, FGM or underage marriages. The Egyptian caricature

artist Doaa Al-Adl, for instance, used caricatures “to illustrate how Egypt's customs, laws

and societal perceptions continue to affect women's lives dramatically”.253In one of her

caricatures, she sheds the light on the problem of underage marriages from foreigners for

251 Acosta, M. L. (2003). La violencia contra las mujeres en los medios de comunicación: entre la noticia y la información. In Medios de comunicación y violencia contra las mujeres (pp. 33-44). Instituto Andaluz de la Mujer. 252 For more information about the efforts and initiatives undertaken to combat sexual harassment visit: HarassMap (https://harassmap.org/en/), OpAntiSH (http://www.facebook.com/opantish), Shoft Ta7arosh (https://www.facebook.com/pg/Shoft.Ta7rosh/about/). 253 Noureldin, O. (2017, March,8). International Women’s Day: Egyptian cartoonist sheds light on 10 discriminatory laws against women. Egypt Independent News.

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an exchange of an amount of money. In another caricature, Al-Adl depicts the problem

of Female genital mutilation that is still widespread in increasing rates.254

2.3.4. International recognition of violence against women as a problem

It is worth mentioning that violence as a social problem had always occupied Western

feminism.255 Radical feminism, in particular, took violence against women as one of the

main topics of their concern. For its part, it offered “the most detailed analysis of the

function of male violence in terms of women’s oppression.”256 Feminist theory on

violence considered violence as the nuclear of “men’s control over women” and female

subordination and linked the causes of male violence against women to the unequal

relations between the sexes. Through the lens of Western feminist theory on violence, it

reinforced the idea that violence is a “culturally rooted conduct” that is an outcome of a

certain system of inequality between men and women.257 They linked violence to the

concept of Patriarchy which is referred to as a type of a universal power scheme in which

women had been and are still under male authority.258 This theory is based on the believe

that Patriarchy was created to transform biological differences between the sexes into

social constructed inequalities where socially constructed values were attributed to each

sex. Therefore, men use social construction of biological differences to guarantee their

authority and power over women’s bodies to reflect their virility. They reduce women to

the position of body/sex and transform them into mere sexual objects available for male

254 See Appndix No1 255 Mooney, J. (2000). Gender, violence and the social order. Springer. Pp 66- 108 256 Ibidem 257 Perez, Jesus M. 2011. “Intervencion con mujeres victimas de violenica de genero”. In Perspectivas de la violencia de género, Pérez Viejo, Jesús M., Ana Escobar Cirujano, and Soledad Murillo. Madrid:Grupo 5 258 Valcárcel, A. (2012): Feminismo en el Mundo Global, Ediciones Catedra, Spain.pp255-282

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satisfaction.259 Further, feminists believe that any patriarchal system, in order to “endorse

and justify” violence, creates stereotypes and myths that are consolidated through

history.260 Those stereotypes were constructed to control women’s body and guarantee

their obedience under “clearly patriarchal dominance parameters”261

Violence against women was considered a private matter for a long time.262

However, feminism as social and political movement which emerged to help women

gaining awareness and conscience of their situation of oppression and subordination

succeeded in bringing the issue of violence to the international arena. Their efforts were

not limited to exploring the reasons of female subordination, or the nature of violence,

but rather, one of the great achievements of feminism is its success to turn personal

subjects into public issues inserted in political agendas of many countries. Since violence

represented a major problem which affected women all over the world and violated their

fundamental human Rights, it became a matter of international attention. This focus given

to violence was expressed in the general recommendation no 19 of the Convention on the

Elimination of Violence against women which stated that “Gender-based violence is a

form of discrimination that seriously inhibits women's ability to enjoy rights and

freedoms on a basis of equality with men.”263 The link between women’s discrimination

and violence against women in the international documents was an outcome of feminism

for several decades. Feminism linked discrimination and violence in the binary relation

domination/subordination resulted from the sex/gender system.264 As Raquel Osborne

259 Herrero, M. T. (2011). Violencia sexual:" cuando dicen no, quieren decir sí". In Perspectivas de la violencia de género (pp. 121-144). Madrid: Grupo 5. 260 ibidem 261 Martin, A. (2006). Antropología Del Genero, Madrid: Catedra, p 248. 262 Yakin E. (2012). Linking research, policy and action: a look at the work of the special rapporteur on violence against women, Current Sociology 60 (2), p. 143. 263 Assembly, U. G. (1979). Convention on the Elimination of All Forms of Discrimination against Women. Treaty Series 1249: 13. General recommendation No. 19: Violence against women. Retrieved from https://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm 264 i Mestre, R. M. M. (2017). Las MGF como una forma cultural de violencia contra las mujeres en el Convenio de Estambul. Revista europea de derechos fundamentales, (29), 205-219.

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pointed out, the international attention given to women’s rights as human rights started

with the adoption of the Universal Declaration of Human Rights (UDHR) in 1948

proclaimed by the United Nations General Assembly on 10 December 1948. The

international community’s concern with those rights were directed towards women’s

political and civil rights, however, starting from the 70s social and economic rights were

brought into the focus of the United Nations as important topic for women’s protection.265

In 1948, with the adoption of the Universal Declaration for Human Rights, women’s

rights as human rights were tackled to avoid any discrimination on the basis of sex.266

The interest in enhancing women’s rights were further consolidated with the adoption of

two international covenant; the International Covenant on Economic, Social and Cultural

Rights (ICESCR) and the International Covenant on Civil and Political Rights(ICCPR).

Both Covenants guaranteed in their articles equal rights to all individuals including

women with no distinction based on sex. The International Covenant on Economic, Social

and Cultural Rights adopted on 16 December 1966 and entered into force 3 January 1976

ensured in its articles “the equal right of men and women to the enjoyment of all

economic, social and cultural rights.”267 Furthermore, The international Covenant on

Civil and Political Rights adopted on 16 December 1966 and entered into force 23 of

March 1976 stressed that all humans and individual rights should be respected and

guaranteed with no distinction of any kind such as those distinctions based on sex which

meant that women should not be deprived on civil and political rights mentioned in the

covenant according to articles 2, 3, and 4 of the Covenant. It also stressed that no

individual should be exposed to torture or inhumane treatment according to article 7 of

265 Osborne, R. (2009). Apuntes sobre violencia de género. Barcelona. Pp 17- 52 266 Universal Declaration of Human Rights (1948). Available from http://www.un.org/en/universal-declaration- human-rights/. 267 The United Nations International Covenant on Economic, Social and Cultural Rights.Accesses at: https://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx

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the Covenant. Article 23, further tackled women’s rights to decision making in deciding

issues related to marriage such as the issue of consent.268

With the adoption of the Convention on the Elimination of All Forms of

Discrimination against Women on 18 December 1979, by the United Nations General

Assembly, yet entered into force on 3 September 1981 the recognition of women’s rights

took a new level. Despite that the Convention, did not directly mention the issue of

Violence against women in its articles, nevertheless it resulted in paving the way for

following efforts on the international level exerted towards the elimination of violence

against women. The CEDAW stressed on the importance of elevating the status of

discrimination in which women live and on removing any cultural or traditional practice

which affects women’s enjoyment of equality. In its articles, there was a call for the states

to suppress all forms of discrimination and exploitation of women.269 The Convention

came to be considered the most important document towards achieving women’s right

after 30 years of UN efforts. It is regarded as an important contribution towards the

protection of women and girls’ human rights. The attention given to violence as points

Osborne, initiated gradually during the 80s with these efforts, yet, it was the Third World

Conference on Women, held in Nairobi, 1985, which marked the first denouncement of

violence. Further, the General Assembly adopted, through its resolution 48/104 of 20

December 1993, the Declaration on the Elimination of Violence Against Women.

However, violence against women in some form, such as sexual abuse or female genital

mutilation had been completely ignored to be regarded as human rights violation, as

mentions Osborne, till the Fourth World Conference on Women held in Beijing in 1995

268 The United Nations International Covenant on Civil and Political Rights. Accessed at: https://www.ohchr.org/Documents/ProfessionalInterest/ccpr.pdf 269 Assembly, U. G. (1979). Convention on the elimination of all forms of discrimination against women. Retrieved from https://www.un.org/womenwatch/daw/cedaw/text/econvention.htm#article1

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in which violence in all its forms were regarded as a violation of human rights of

women.270 While the international recognition of violence against women, as mentions

Osborne, initiated during the 80s, it was the efforts of western feminists during the 70s,

which brought to light the topic of sexual violence. According to their ideology, they

linked violence and in particular sexual violence with the social subordination of women

in a system of domination. Under this system, women and their sexuality were considered

a property of men to be used as these men wish. For this, women were threatened with

violence by a man or a group of men if they do not follow the social norms. Therefore,

those feminists of the 70s collected their efforts to denounce the patriarchal system which

allows this male domination over women. 271

The adoption of the Declaration on the Elimination of all forms of Discrimination Against

women in 1993 which came as a complementary document of the Efforts towards

enforcing the works of the CEDAW. The Declaration endorsed a clear call for states to

end and eliminate violence against women and girls.272 Since the 1994, through the

declaration, Violence against women was announced as a violation of rights by the

General Assembly a matter which had not been previously recognized as a human rights

violation since the ratification of the UN Charter in San Francisco in 1945, by the five

permanent member states of the United Nations.273 The Beijing Declaration and Platform

for Action, adopted in 1995, further affirmed the call previously made in the Declaration

on the Elimination of all Forms of Discrimination against Women on the importance of

condemning and addressing violence against women.274

270 Osborne, R. (2009). Apuntes sobre violencia de género. Barcelona. Pp 17- 52 271 Ibid. Pp 53- 82 272 Assembly, U. G. (1993). Declaration on the Elimination of Violence against Women. UN General Assembly. Retrieved from http://www.un.org/documents/ga/res/48/a48r104.htm 273 Tardon, B. (2011). Violencia de genero y derechos humanos. Perspectivas de la Violencía de género. Madrid: Grupo 5. 274 United Nations. (1995): Beijing Declaration and Platform for Action.

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Furthermore, the problem of violence against women has been increasingly addressed

in recent years internationally and nationally during the period of 1995-2014 during

which at least one survey was conducted in 102 countries. Further efforts exerted to

combat violence against women were consolidated by the General Assembly’s adoption

of the resolution (A/RES/69/147) in 2014 to intensify the “calls on states to take

measures” towards eliminating violence against women.275 In 1999, the General

Assembly designated the date 25 of November of each year as the International Day for

the Elimination of Violence against Women. For this, UN organization and governments

of different countries were encouraged to organize activities on this day to raise public

awareness against the severity of violence against women and little girls. Further, the 16

Days of Activism Against Gender-Based Violence is an international campaign to

challenge all forms of violence against women and girls. The campaign takes place every

year with a theme tackling one of the gender issues on women. It lasts during the period

of 25 of November, till the 10th December. Meanwhile efforts were exerted from several

decades to denounce violence, yet the reaction of the international community towards

the practice of FGM was recently new. Efforts started in 1984 within the United Nations

to study the harmful practices affecting girls and women and it was not until the 1995,

when the Beijing platform of Action announced FGM as a type of violence against

women and a violation of human rights.276

On the European level, most recently in 2011, an important document was ratified

regarding combating violence against women namely ‘The Convention on preventing and

combating violence against women and domestic violence’ which was adopted by the

Council of Europe Committee of Ministers on 7 April 2011. The convention was opened

275 The United Nations, United Nations Statistics Division (2015). The World’s Women 2015: Trends and Statistics. Retrieved from https://unstats.un.org/unsd/gender/worldswomen.html 276 i Mestre, R. M. M. (2017). Las MGF como una forma cultural de violencia contra las mujeres en el Convenio de Estambul. Revista europea de derechos fundamentales, (29), 205-219.

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for signature in Istanbul on 11 May 2011and entered into force on 1 August 2014.277 What

was new about this convention is that it created a monitoring mechanism through which

parties who ratified the convention will be monitored through a mechanism formed of

group of experts named ‘GREVIO” as mentioned in article 66 of the convention as

follows:

“1. The Group of experts on action against violence against women and domestic

violence (hereinafter referred to as “GREVIO”) shall monitor the implementation

of this Convention by the Parties.

2. GREVIO shall be composed of a minimum of 10 members and a maximum of

15 members, taking into account a gender and geographical balance, as well as

multidisciplinary expertise. Its members shall be elected by the Committee of the

Parties from among candidates nominated by the Parties for a term of office of four

years, renewable once, and chosen from among nationals of the Parties.

3. The initial election of 10 members shall be held within a period of one year

following the entry into force of this Convention. The election of five additional

members shall be held following the 25th ratification or accession.

4. The election of the members of GREVIO shall be based on the following

principles:

a. they shall be chosen according to a transparent procedure from among

persons of high moral character, known for their recognised competence in

the fields of human rights, gender equality, violence against women and

domestic violence, or assistance to and protection of victims, or having

demonstrated professional experience in the areas covered by this

Convention;

b. no two members of GREVIO may be nationals of the same State;

c. they should represent the main legal systems;

277 Council of Europe. (2011). The Convention on preventing and combating violence against women and domestic violence. Retrieved from https://www.coe.int/en/web/istanbul-convention/historical-background

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d. they should represent relevant actors and agencies in the field of violence

against women and domestic violence;

e. they shall sit in their individual capacity and shall be independent and

impartial in the exercise of their functions, and shall be available to carry out

their duties in an effective manner.

5. The election procedure of the members of GREVIO shall be determined by the

Committee of Ministers of the Council of Europe, after consulting with and

obtaining the unanimous consent of the Parties, within a period of six months

following the entry into force of this Convention.

6. GREVIO shall adopt its own rules of procedure.

7. Members of GREVIO, and other members of delegations carrying out the

country visits as set forth in Article 68, paragraphs 9 and 14, shall enjoy the

privileges and immunities established in the appendix to this Convention.”278

278 Council of Europe. (2011). The Convention on preventing and combating violence against women and domestic violence. Retrieved from https://www.coe.int/en/web/istanbul-convention/historical-background

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Chapter 3

Female Genital Mutilation/cutting (FGM/C)

3.1. Introduction

Female genital mutilation (FGM) is a name given to a group of surgical procedures

performed on a girl’s genitals, either partially or totally, for cultural, traditional, or

religious beliefs. The actual number of operations around the world or in Egypt is difficult

to pinpoint given the fact that it is commonly performed in a clandestine manner.

Nonetheless, it is estimated that “at least 200 million girls and women have been cut in

30 countries.”279 It is documented that FGM surgeries are performed “without medical

indication or benefit” which result in many health complications.280 It is a practice that is

“closely linked to women’s sexuality and their reproductive role inside society.”281 There

is no clear evidence to ascertain whether the practice was originally a pharaonic or an

African tradition since “its origins are neither well researched nor fully understood.”282

However, evidence based on a Greek papyrus of 163 B.C shows that female circumcision

is an old custom that existed during ancient civilizations.283 It was therefore, assumed that

the custom of FGM/C had pre-dated Christianity as well as Islam, since it was known and

279 UNICEF. (2018). At least 200 million girls and women alive today living in 30 countries have undergone FGM. Retrieved from https://data.unicef.org/topic/child-protection/female-genital-mutilation/#_ftnref1 280 Groeneveld, A. E. (2013). Female genital mutilation: Tradition versus human rights. African Journal of Urology, 19(3), 134-135. 281 Toubia, N. (1994). Female circumcision as a public health issue. New England Journal of Medicine, 331(11), 712-716. 282 Assaad, M. B. (1980). Female circumcision in Egypt: social implications, current research, and prospects for change. Studies in family planning, 11(1), 3-16. 283 Zayed, A. A., & Ali, A. A. (2012). Abusing female children by circumcision is continued in Egypt. Journal of forensic and legal medicine, 19(4), 196-200.

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practiced during the ancient Egyptian civilization.284 During the 19th century, it had also

existed in Europe and the United States as a medical care for hypersexuality and

masturbation and was known at that time by the term ‘Clitoridectomy’.285 In some African

countries, during the fifties, as argues Maria Caterina La Barbera FGM has been used by

women as a “way to claim their autonomy” against both African men and colonial power

where girls used to circumcise themselves as a manifestation of national identity, when

Clitorectomy was banned under colonial administration.286 Nowadays, the procedure is

known in 29 African and Muslim countries. According to data provided by the UNICEF,

FGM is concentrated in Somalia, Guinea, Djibouti, Egypt, Eritrea, Mali, Sierra Leone,

Sudan, Cote D’Ivoire, Kenya, Nigeria, Senegal, Central African Republic, Yemen,

United Republic of Tanzania, Gambia, Burkina Faso, Ethiopia, Mauritania, Liberia,

Guinea Bissau, Chad, Benin, Iraq, Ghana, Togo, Niger, Cameroon, Uganda. 287 On the

European level, the practice also exists among Muslim immigrants who still believe that

this surgical procedure “ is requested as part of the Islamic religion.”288 It has been

estimated that over 200 million woman and girls have been victims to FGM/C around the

world.289 FGM/C is commonly performed before the age of puberty, normally in ages

between 2 and 10, however, the age may vary according to different communities.290 In

the Egyptian societies, for instance, the average age of performing FGM is between 7 and

284Wolper, A., & Peters, J. (Eds.). (1995). Women's Rights, Human Rights: International Feminist Perspectives. Routledge. Pp 224-235 285 Wood, A. N. (2001). A cultural rite of passage or a form of torture: female genital mutilation from an international law perspective. Hastings Women's LJ, 12, 347. 286La Barbera, M. C. (2009). Revisiting the anti-female genital mutilation discourse. Diritto & questioni pubbliche, 9, 485. 287 United Nations Children's Fund, & Gupta, G. R. (2013). Female Genital Mutilation/Cutting: A statistical overview and exploration of the dynamics of change. Reproductive Health Matters, 184-190. Retrieved from https://www.unicef.org/publications/index_69875.html 288 Elgaali, M., Strevens, H., & Mårdh, P. A. (2005). Female genital mutilation–an exported medical hazard. The European Journal of Contraception & Reproductive Health Care, 10(2), 93-97. 289 World Health Organization. (2018).Female genital mutilation fact sheet (Retrieved from http://www.who.int/mediacentre/factsheets/fs241/en/ 290 Toubia, N. (1994). Female circumcision as a public health issue. New England Journal of Medicine, 331(11), 712-716.

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10 years old.291 The operation often takes place with two or more sisters, or female

cousins prepared for undergoing the procedure during the same time.292

3.2. FGM: Terminology and Classification

Despite of the various connotations referring to the operation, formal documents

use common, agreed definition of the practice, namely the term ‘female genital

mutilation’ shortly known by FGM. It is also termed as female genital Cutting (FGC) or

female circumcision (FC).293 According to the official definition of the world Health

Organization, FGM refers to “all procedures involving partial or total removal of the

external female genitalia or other injury to the female genital organs for non-medical

reasons.”294 The term FGM was adopted in the 1990s by the World Health Organization

and the international community to indicate the severity and damage resulted from the

practice.295 Since then it has been used by United Nations agencies as well as other formal

organizations to call attention to the severe violation perpetrated to girl’s human rights.

The term mutilation in the Cambridge dictionary means “the act of damaging something

severely, especially by violently removing a part.”296 In classical Arabic, the custom is

commonly known among local populations by the term khafd, khitan,or tahara which

291 El-Zanaty, F., Hussein, E. M., Shawky, G. A., Way, A. A., & Kishor, S. (1996). Egypt Demographic and Health Survey 1995. Calverton, Maryland, USA: National Population Council [Egypt] and Macro International. Inc. 292 El-Gibaly, O., Ibrahim, B., Mensch, B. S., & Clark, W. H. (2002). The decline of female circumcision in Egypt: evidence and interpretation. Social science & medicine, 54(2),205-220. 293 Toubia, N. F., & Sharief, E. H. (2003). Female genital mutilation: have we made progress?. International Journal of Gynecology & Obstetrics, 82(3), 251-261. 294World Health Organization. (2018).Female genital mutilation fact sheet (Retrieved from http://www.who.int/mediacentre/factsheets/fs241/en/ 295 World Health Organization. (2008). Eliminating female genital mutilation: aninteragency statement-OHCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCR, UNICEF, UNIFEM, WHO 296 Cambridge dictionary. Retrieved from https://dictionary.cambridge.org/dictionary/english/mutilation?q=mutilation_1.

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means reduction or purification respectively.297 The term Khafd is derived from the verb

Khafada which means decrease, lower, reduce, or cut. While, Khitan is derived from the

verb Khatana which means cutting part of the genital organ. As for the term Tahara it is

derived from the verb Tatahara which means purifying onself from all what that might

destroy a person. However, most recently and due to the damage resulted from the

operation to the female body, official Arabic documents adopted the translated term of

‘female genital mutilation’ to use Tashwih al Aedai el Tanasoliya Al Onsawiya instead.

For better understanding, and before dealing with the classification and the

different types of the female genital mutilation, I would like to highlight basic information

regarding female sexual anatomy. The female genital organs are divided into two types,

internal genital organs and external genital organs. On one hand, the internal genital

organs consist of Vagina, Uterus, Fallopian tubes, and the Ovaries. Just inside the vaginal

opening exists a “a mucous membrane” called the hymen. The external genital organs

on the other hand consist of labia majora, labia minora and the clitoris. The labia majora

are the two longitudinal folds which extend from the pubis to the perineum and located

above two flappy skins on both sides of the vaginal opening and called labia minora. The

labia minora are covering the clitoris Each part of the internal or the external genital

organs is existing for a certain function. The internal organs, for instance, are mainly

responsible of the reception of the penis during sexual intercourse, developing a fetus and

then pushing out the baby during labor. The external genital organs are responsible for

enabling sperms to enter the vagina while protecting the internal organs of receiving

infectious organisms through the vagina. Further, those external genital organs are dense

297 Assaad, M. (1980). Female Circumcision in Egypt: Social Implications, Current Research, and Prospects for Change. Studies in Family Planning, 11(1), 3-16.

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with nervous and glands which provide sexual pleasure to a woman.298 All these three

sexual organs “function to achieve a purpose” to the female sexuality.299

Dealing with the classification of FGM, the operation differs in form or prevalence

among population groups according to each area or community. Hence, this leads to

variations in the actual practice in the form of how each community group performs FGM.

Yet, according to the World Health Organization in its joint statement with the United

Nations Children’s Fund and the United Nations Population Fund (UNFPA), FGM can

be internationally classified into four main types as shown below:

1. Clitoridectomy

It includes partial or total removal of the clitoris with or without the prepuce. This type is referred to as type I.

2. Excision This form refers to the removal of the clitoris or part of it with the labia minora. And in some case the clitoris is removed along with the excision of the labia minora and the labia majora.

3. Infibulation

Type III of the classification known by ‘Infibulation’ is the most severe form of all operations performed in girls’ genitals. It consists of narrowing the vaginal orifice through cutting then stitching labia minora or majora with or without the removal of the clitoris.According to many commentators this type is the most severe form of all categories as will be discussed in a following section.

4.Harmful procedures

This category which is not given a name according to the classification of the WHO includes all non-medical harmful procedures which are harmful to the female genitals that result in harm to the female genitals. This might include any procedure which is not common in certain areas but appears in rare circumstances. They could include piercing, cauterization, pricking, incising or scrapping.300

298 Knudtson, Jennifer. Female External Genital Organs. MSD Manuel for the Consumer. Accessed at: https://www.msdmanuals.com/home/women-s-health-issues/biology-of-the-female-reproductive-system/female-external-genital-organs 299 World Health Organization, Regional Office for the Eastern Mediterranean. (1996). Islamic ruling on male and female circumcision. Retrieved from https://apps.who.int/iris/handle/10665/119559 300 World Health Organization. (2008). Eliminating female genital mutilation: an interagency statement-OHCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCR, UNICEF, UNIFEM, WHO

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Though, FGM in all types represent a type of violence to the human body, the most severe

form among the four categories classified, is the Infibulation. It is also known as the

pharaonic circumcision.301 Infibulation is in certain countries is performed more than one

time during the life of a woman. In the first process of infibulation a girls genital is cut

and sewed together as a common traditional ritual and then a process of infibulation is

undergone for a second time on either divorced woman or women who gave birth in order

to “create an illusion of virginal tightness for their husbands.”302 In addition, Infibulation

leads to future intervention where “re-cutting or defibulation is inevitable” due to the

narrow opening of the vagina. This re-cutting process is done either to treat problems

resulting from urine or menstrual blood retention, or to allow the process of sexual

intercourse. It is documented also that defibulation is necessitated in childbirths to allow

the fetus out.303 This happens because during the infibulation process, a small hole of the

vaginal opening is left in the size of “the tip of the little finger” which results in severe

pain to a woman in sexual intercourse upon marriage.304 Infibulation, further, results in

severe health problems to girls since the same small vaginal opening is the only way out

for both the urine and the menstrual blood after the girl reaches puberty.305 The reason of

stitching the sides together leaving a very narrow opening not only are performed with

the aim of preventing girls from having premarital sex, but also for increasing men’s

301 El-Zanaty, F., Hussein, E. M., Shawky, G. A., Way, A. A., & Kishor, S. (1996). Egypt Demographic and Health Survey 1995. Calverton, Maryland, USA: National Population Council [Egypt] and Macro International. Inc. pp71-183 302 Asefa, S. (1998). Female Genital Mutilation: Violence in the Name of Tradition, Religion, and Social Imperative. Violence Against Women: Philosophical Perspectives, 92-104. 303 ibid 304 Wolper, A., & Peters, J. (Eds.). (1995). Women's Rights, Human Rights: International Feminist Perspectives. Routledge.p227 305 World Health Organization, Regional Office for the Eastern Mediterranean. (1996). Islamic ruling on male and female circumcision. Retrieved from https://apps.who.int/iris/handle/10665/119559

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satisfaction by having a female “narrower organ.”306 Nahid Toubia describes the cruelty

of the infibulation and its consequences as follows:

“Since the physical barrier to intercourse has been created, a small opening

must be reconstructed for the flow of urine and menstrual blood. It is

surrounded by skin and tough scar tissue and is sometimes as small as the

head of a matchstick or the tip of the little finger. If the opening is more

generous, sexual intercourse can take place after gradual dilation, which may

take days, weeks, or even months: If the opening is too small to start the

dilation, re-cutting has to take place before intercourse. Re-cutting also occurs

with each childbirth to allow exit of the fetal head without tearing the tough

tissue. After birth, the raw edges are sutured again- often to the same size as

existed before marriage to recreate the illusion of vaginal tightness.”307

Based on data provided by the Egyptian Demographic and Health Survey 1995

(EDHS-95)308 in Egypt the most common form of female genital mutilation performed

inside the Egyptian society, is the one which implicates the removal of the clitoris with

306Andarge, M. Y. (2014). The Difficulties of Ending Female Genital Mutilation (FGM): Case of Afar Pastoralist Communities in Ethiopia: Retrieved from www. ohchr.org/Documents/Issues/Women/WRGS/FGM/NGOs/ActionFor. 307 Wolper, A., & Peters, J. (Eds.). (1995). Women's Rights, Human Rights: International Feminist Perspectives. Routledge. p227 308 In the recent years national surveys have been undertaken to provide full information on the issue of FGM, yet the EDHS-95 was the first survey on the national level to reveal the widespread prevalence of FGM in the Egyptian society. It included a questionnaire on the age of circumcision, the persons who performed the operations and other questions directed to women victims of FGM. The Survey showed that 97percent of the Egyptian women had undergone the procedure at the time of the survey. Reasons given in favour of the practice included cleanliness, providing marriage opportunities for their daughters, preservation of girl’s virginity, and providing greater sexual pleasure for husbands. For full access of the survey see El-Zanaty, F., Hussein, E. M., Shawky, G. A., Way, A. A., & Kishor, S. (1996). Egypt Demographic and Health Survey 1995. Calverton, Maryland, USA: National Population Council [Egypt] and Macro International. Inc.Pp71-183

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the labia minora which represented 64 percent of all operations. Infibulation cases also

exist in little percentage and is practiced in the southern area of Egypt closer to Sudan,

however, the most usual form of the four types, as mentioned above, is the

Clitordectomy.309 Concerning the person who performs the operation, during old times,

such operations were performed inside private houses by midwives or birth attendants

known among the population by the term dayas.310 Yet, operations by dayas appeared to

continue till lately according to a study conducted in Assiut University Hospital during

March 1998 till November 1999, in which the majority of women in the study sample had

circumcision done by dayas who were described by the study as persons with little

knowledge about anatomy.311 In her writing about the scene of the operation Nawal al-

Saadawi describes it as follows:

“on the scene appears the daya or local midwife. Two members of the family

grasp the child’s thighs on either side and pull them apart to expose the

external genital organs and to prevent her from struggling-like trussing a

chicken before it is slain. A sharp razor in the hand of the daya cuts off the

clitoris”312

However, in recent years operations has been performed by physicians either inside

clinics or at home.313 According to the 2014 EDHS there has been a shift in the personnel

309 Zayed, A. A., & Ali, A. A. (2012). Abusing female children by circumcision is continued in Egypt. Journal of forensic and legal medicine, 19(4), 196-200. 310 Based on the 1995 DHS, the majority of the procedures have been performed by the time of the survey by traditional birth attendants among the population by the term dayas. The operations took place inside private houses respresenting 89.3 percent of the respondants. Little percentage of people implied in the survey mentioned barbers and medical personal as performers of operations. Also the instruments used in such operations were citied such as razor blades or scalpel. See El-Zanaty, F., Hussein, E. M., Shawky, G. A., Way, A. A., & Kishor, S. (1996). Egypt Demographic and Health Survey 1995. Calverton, Maryland, USA: National Population Council [Egypt] and Macro International. Inc. 311 Al-Hussaini, T. K. (2003). Female genital cutting: types, motives and perineal damage in laboring Egyptian women. Medical principles and practice, 12(2), 123-128. 312 El Saadawi, N. (2007). The hidden face of eve: Women in the arab world Zed Books. Pp50-65. 313United States Department of State. (2001). Egypt: Report on Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) Retrieved from www.refworld.org/docid/46d57876c.html

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who perform the operations. The 2014 EDHS came out with the finding that operations

on younger generations were performed by medical personnel contrary to operations

performed on older women which were performed by midwives.314 This replacement of

traditional practitioners with medical personnel has been named as the medicalization of

FGM. According to the world Health organization, medicalization of FGM refers to

“situations in which the procedure (including re-infibulation) is practiced by any category

of health-care provider, whether in a public or a private clinic, at home or elsewhere, at

any point in time in a woman’s life.”315 Those healthcare providers could include

physicians or their assistants, nurses, midwives or birth attendants.316 The term

‘medicalization’ was first mentioned by the WHO in 1997 in its document Female genital

mutilation : a joint WHO/UNICEF/UNFPA statement and once again condemned in 2008

in the interagency statement on the elimination of FGM.317 In this document, the WHO

considered medicalization as a form of legitimizing the practice and advised that FGM “

should not be practiced by health professional in any settings including hospitals or other

health establishments.”318

The increase dependence on medical personnel in performing the operations is possibly

due to the increase in awareness of the negative health effects resulting from the

operations since the problem has been addressed as a severe health issue among several

parts of the world.319 Nonetheless, medicalization was condemned on the international

314 El-Zanaty and Associates [Egypt], and ICF International. (2015). Egypt Demographic and Health Survey 2014. Cairo, Egypt and Rockville, Maryland, USA: Ministry of Health and Population and ICF International. 315World Health Organization. (2016). WHO guidelines on the management of health complications from female genital mutilation (No. 9789241549646). World Health Organization. 316 Rushwan, H. (2013). Female genital mutilation: A tragedy for women’s reproductive health. African Journal of Urology, 19(3), 130-133. 317 World Health Organization. (2010). Global strategy to stop health-care providers from performing female genital mutilation. Geneva: World Health Organization. 318 World Health Organization, United Nations Population Fund & United Nations Children's Fund (UNICEF). (1997). Female genital mutilation : a joint WHO/UNICEF/UNFPA statement. World Health Organization. https://apps.who.int/iris/handle/10665/41903 319 World Health Organization. (2010). Global strategy to stop health-care providers from performing female genital mutilation. Geneva: World Health Organization.

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level by the world health organization, the world medical association, the international

federation of Gynecology and Obstetrics and the Committee on Elimination of all forms

of Discrimination Against Women.320 Medicalizing the procedure “contributes to

upholding the practice of FGM” as it leads the population to believe that the operation is

beneficial for health since it is performed by doctors.321 The 2000 survey showed that

medical personnel replaced traditional birth attendants ‘dayas’ in most of the operations

representing more than 60 percent comparing to 32.1 percent performed by dayas. This

increase in the involvement of medical trained doctors or nurses was linked with the

mother’s educational levels as shown by the survey.322 Also based on the latest survey of

2015, it appeared that in urban areas medical personal are more common in performing

the operation than in rural areas.323

Though “contravening the medical code of ethics” which impose on doctors to do

no harm to patients, medical professionals are performing the operation either for

financial profit or out of their belief that medicalizing the operation is “a safer option”

which minimizes any health complication accompanied with the operation.

Medicalization is being adopted to reduce the health complications which often result

from the procedure. However, medicalization of the operation does not prevent the long-

term complications which affect women the rest of their life.324 Despite of the

replacement of traditional circumcisers nowadays by medical personnel or heath care

providers, FGM/C still represents an alarming health problem and a risk factor affecting

girls and women both physically and psychologically. The performance of the operation

320 ibid 321 ibid 322 El-Zanaty, F., & Way, A. A. (2001). Egypt Demographic and Health Survey 2000. Calverton, Maryland [USA]: Ministry of Health and Population [Egypt], National Population Council and ORC Macro. pp191-200 323 El-Zanaty and Associates [Egypt], and ICF International. (2015). Egypt Demographic and Health Survey 2014. Cairo, Egypt and Rockville, Maryland, USA: Ministry of Health and Population and ICF International. 324 Serour, G. I. (2013). Medicalization of female genital mutilation/cutting. African Journal of Urology, 19(3), 145-149.

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by specialized medical personnel or by persons who lack medical knowledge about the

human anatomy does not change the fact that the operation affects female genitals which

were created of minute parts each has its own function.

3.3. Negative Physical, Psychological and Sexual Effects of FGM

Health as a general concept is defined by the World Health Organization as “a state

of complete physical, mental and social well-being and not merely the absence of disease

or infirmity.”325 We shall see in the succeeding section how FGM is a significant a public

health concern since the operation leads to a broad array of persistent adverse outcomes.

The documented health effects in several studies of FGM on women reveal that the

procedure deprives women from their rights in maintaining a healthy body, and also

violates their right in sexual satisfaction under their wedlock. It is true that FGM is often

performed on young girls out of the “firm belief in the physical and moral benefits of this

operation as a guarantee of marriage and consequent economic and social security” of

daughters.326 Yet, through the operation “healthy genital tissues” are removed or damaged

which result in both short and long-term medical consequences.327 Victims of FGM suffer

severe pain since the operation is performed in a barbaric manner without anesthesia or

in some cases with only local anesthesia which caused severe pain for its victims..328 In

325 World Health Organization (1946). Constitution of the World Health Organization. Retrieved from http://www.who.int/about/mission/en/. 326 Assaad, M. B. (1980). Female circumcision in Egypt: social implications, current research, and prospects for change. Studies in family planning, 11(1), 3-16. 327 World Health Organization. (2008). Eliminating female genital mutilation: an interagency statement-OHCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCR, UNICEF, UNIFEM, WHO 328 Wolper, A., & Peters, J. (Eds.). (1995). Women's Rights, Human Rights: International Feminist Perspectives. Routledge.

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the cases where anesthesia is used, nonetheless, children are exposed to “a considerable

risk” due to the lack of professional anesthetists.329

In his Female genital mutilation: A tragedy for women’s reproductive health,

Hamid Rushwan summons the immediate and the later complications of FGM showing

how “such operations are distinctly hazardous to the patients’ health” as he elaborates.

He explains that the immediate physical consequences of FGM appear in bleeding, shock,

infections and septicemia, Urine retention and injury to adjacent tissue. Concerning

bleeding, arteries and veins are damaged resulting in hemorrhaging, anemia or even

death. As for septicemia, the use of surgical instruments without sterilization could spread

the infection inside the female body reaching the vagina, uterus and ovaries. The Urine

retention is also resulted from the operation due to the fact that “the urinary canal may be

partially or entirely obstructed” The long-term complications, on the other hand, could

result in the formation of keloid, dermoid or inclusion cysts, vulval abscesses, calculus or

Fistulae. Moreover, the later complications created from FGM could include menstrual

problems, infertility or problems at pregnancy and delivery, chronic pelvic infections or

sexual problems.330

Those above-mentioned physical consequences are often accompanied with other

psychological or mental health problems which affect a woman victim of FGM. The

operation, therefore, has psychological consequences such as depression, anxieties or a

sense of shame. Though too little research had been conducted on the psychological

disturbances of FGM, yet, one of the documented manifestations of those psychological

effects appears in the trauma resulting from the operation. The trauma accompanying the

procedure happens as a result of the state of fear or shock and confusion in which a girl

329 Ibidem 330 Rushwan, H. (2013). Female genital mutilation: A tragedy for women’s reproductive health. African Journal of Urology, 19(3), 130-133.

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lives during the violent operation. Not understanding the situation of violence in which

she confronts perpetrated by the people she trusts or in the presence of her caregivers

could remain in her memory for the rest of her life. This difficult experience was

expressed eloquently by the famous Egyptian feminist Nawal al-Saadawi, in her

comprehensive and excellent book The Hidden Face of Eve. She recalled and documented

her childhood experience of circumcision when she had suffered that painful and

shocking operation in the presence of her mother. She expressed those disturbing feelings

as follows:

“I was six years old that night when I lay in my bed, warm and peaceful in

that pleasurable state which lies halfway between wakefulness and sleep, with

the rosy dreams of childhood flitting by, like gentle fairies in quick

succession. I felt something mover under the blankets, something like a huge

hand, cold and rough, fumbling over my body, as though looking for

something. Almost simultaneously another hand, as cold as rough and as big

as the first one, was clapped over my mouth, to prevent me from screaming.

They carried me to the bathroom… At that moment I realized that my thighs

had been pulled wide apart, and that each of my lower limbs was being held

as far away from the other as possible, gripped by steel fingers that never

relinquished their pressure. I felt that the rasping knife or blade was heading

straight down towards my throat. Then suddenly the sharp metallic edge

seemed to drop between my thighs and there cut off a piece of flesh from my

body. I screamed with pain, despite the tight hand, held over my mouth, for

the pain was not just a pain, it was like a searing flame that went through my

whole body. After a few moments, I saw a red pool of blood around my hips.

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I did not know what they had cut off from my body, and I did not try to find

out. I just wept and called out to my mother for help. But the worst shock of

all was when I looked around and found her standing by my side.”331

It is worth noting that in the old primitive way, it was believed that an “effective

circumcision necessitated a deep cut with the razor to ensure radical amputation of the

clitoris, so that no part of the sexually sensitive organ would remain.”332 This fact which

al-Saadawi highlighted in her book, takes me back to an informal conversation I got

involved into with an old lady in her late sixties in Cairo during one of my vacations,

when I started to be interested in researching over the subject. Recalling her personal

experience with circumcision when she was approximately eight years old, she mentioned

that she was circumcised by two ladies on the roof of their building in the presence of her

grandmother who instructed the two midwives after finishing the mutilation process, to

remove more parts from the girl’s genitals in an attempt of her to guarantee the removal

as big part as possible. In this story what surprised me that that lady had no medical

information about the anatomy, yet, she was following the common tradition of her time

by removing all possible parts which could be, according to their belief, a threat to a girls’

honor. This segment of society that are lacking an adequate knowledge on a female’s

anatomy are easily deceived by mistaken notions about femininity and sexuality.

In addition, removal of the clitoris signifies removal of the main organ responsible

of sexual pleasure in the body and restricting women’s sexual pleasure to only the vagina

which has “minimal sensory capacity for sexual response.”333 Therefore, it affects women

psychologically since they are denied “the relaxation of nerves which accompanies proper

331 El Saadawi, N. (2007). The hidden face of eve: Women in the arab world Zed Books. P13-19 332 Ibid.p51 333 Wolper, A., & Peters, J. (Eds.). (1995). Women's Rights, Human Rights: International Feminist Perspectives. Routledge. p229

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sexual intercourse” and creates in her a feeling of anxiety and sexual frigidity.334 They

become sexually frustrated and may no longer seek sexual contact with their husbands

and ultimately become sexual objects and only reproductive vehicles for men.

3.4. Women’s suffering FGM on gender Basis

It is not surprising that female circumcision is a practice that is defended and

encouraged by male members of society. Yet what is paradoxical about the practice is

that a large majority of women are often key players behind circumcising their

daughters. Though circumcised themselves, mothers still opt for the continuation of

the practice and a large scale of society are planning to circumcise their daughter in

the future. This bring to our mind trenchant questions, why despite of the various

complications associated with FGM operations and despite the pain they witnessed as

victims of this violent act, they are still in favor of the practice. Why do they still

defend this severe and painful procedure knowing of its negative effects? Aida Seif El

Dawla, in her article ‘The Political and legal Struggle Over Female genital Mutilation

in Egypt: Five Years Since the ICPD’, suggested that the matter goes beyond a mere

surgical operation and is in fact related to “women’s perception of their role in the

world”.335 On this subject, she says:

“women give two main reasons why girls are circumcised. The first is that

the practice reduces a woman’s sexual desire, thus preserving her virginity

334 World Health Organization, Regional Office for the Eastern Mediterranean. (1996). Islamic ruling on male and female circumcision. Retrieved from https://apps.who.int/iris/handle/10665/119559 335 El Dawla, A. S. (1999). The political and legal struggle over female genital mutilation in Egypt: Five years since the ICPD. Reproductive health matters, 7(13), 128-136.

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until she gets married. The second is that circumcision works as a catalyst to

speed up a woman’s full achievement of her femininity. Most women agree

that the process of FGM itself is extremely painful; however, they regard it

as the rite of passage to femininity. Other reasons given include that it is

beautifying for women, and that it prevents the clitoris from growing to the

size of a male organ. That religion recommends or even ordains the practice

is a widely held belief, but this is the second most commonly given reason

for the practice. Tradition is the first.”336

In exploring the reasons provided to justify FGM, several explanations were

given. Reasons linked to the practice among different cultures could be classified into

Hygienic, religious, psychosexual, or sociological.337 However, on the Egyptian level,

data compiled from the Egyptian Demographic and Health Surveys reflect various

justifications given to the practice. As shown in the following table, several reasons

were cited by women who experienced female circumcision. Though there are several

reasons given to justify the practice, preserving virginity or Religious beliefs are the

main reasons behind parent’s circumcising their daughter’s.338

336 El Dawla, A. S. (1999). The political and legal struggle over female genital mutilation in Egypt: Five years since the ICPD. Reproductive health matters, 7(13), 128-136. 337 Trueblood, L. A. (1999). Female Genital Mutilation: A Disussion of International Human Rights Instuments, Culteral Sovereignty and Dominance Theory. Denv. J. Int'l L. & Pol'y, 28, 437. 338 Rasheed, S. M., Abd-Ellah, A. H. and Yousef, F. M. (2011), Female genital mutilation in Upper Egypt in the new millennium. International Journal of Gynecology & Obstetrics, 114: 47–50.

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Table 1: Reasons Given in favor of FGM

Year 1995 2000 2003 2005 2008 2014 2015

Tradition

58.3%

57.7%

72.2%

Not

mentioned

Not

mentioned

Not

mentioned

Not

mentioned

Required by Religion

30.8% 12.1%

60.8%

49.1%

51.7%

46.2%

Cleanliness 36.1% 28.6% Not mentioned

Not mentioned

Not mentioned

Not mentioned

Not mentioned

Better Marriage prospects

8.9%

3.8%

Not mentioned

Not mentioned

Not mentioned

Not mentioned

Not mentioned

Greater pleasure for Husbands/ Husbands preference of wife circumcised

3.8%

1.4%

64.3%

61.3%

44.8%

49.7%

53.0%

Preservation of virginity/reducing sexual desire

9.1%

9.3%

Not mentioned

Not mentioned

Not mentioned

Not mentioned

Not mentioned

Prevention of adultery

5.6% 51.4% 46.7% 54.2% 34.1% 46.3% 43.1%

Source: Data collected based on the EDHS of Various years. See Appendix on Reasons given in the different surveys In a study by the Ministry of State for Population, Preserving virginity is one of the

most commonly cited justifications for many segments of the Egyptian society who still

believe FGM is the only method by which female chastity could be protected.339 For this,

Parents take several measures and make strict rules for their daughter to follow to

guarantee their chastity and virginity protection. These measures include imposing dress

339Ministry of State for Population. (n.d). The National FGM Abandonment Strategy 2016-2020. Retrieved from http://www.npc.gov.eg/2013-09-28-20-39-20/ ة¢موقلا - ططخلا

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codes, prohibit mixing with the opposite sex, early marriage and the severe form of sexual

control represented in the issue of female genital mutilation. Protecting virginity is related

to the common belief in the social culture that each girl “must possess that very fine

membrane called a hymen which is considered one of the most essential, if not the most

essential, part of her body.”340 The accidental torn of such hymen could lead a girl to a

doom fate after her marriage. Keeping the hymen intact as mentions al-Saadawi is

essential due to the belief that the very honor of a girl, and her family, is closely linked

to the preservation of this virginity.”341 The value placed on virginity is strongly linked

to the traditional concepts that a broken hymen is a matter of disgrace to family’s honor

for this the physiological state of virginity is considered the most precious possession of

the unmarried woman” in the Egyptian society.342

In review of all social reasons given to justify female circumcision, there is some

evidence that FGM is closely linked with the idea of socially constructing the feminine

gender identity. Women are perceived among society as not fully responsible in

protecting their honor and consequently the honor of their families as they are supposed

to do according the cultural belief of society. It is linked with the idea of constructing a

female identity suitable to cope with the standards of society and for this they are

controlled by cultural measures. These measures go further to justify the use of violence

on the female body. There are several factors that increase women´s vulnerability to

become victims of sexual violence, including suffering FGM.343 Yet, gender

discrimination is one of the main reasons behind women’s experience of FGM. And by

340 El Saadawi, N. (2007). The hidden face of eve: Women in the Arab world Zed Books. p38 341 ibid 342 Assaad, M. B. (1980). Female circumcision in Egypt: social implications, current research, and prospects for change. Studies in family planning, 11(1), 3-16. 343 Krug, E. G., Mercy, J. A., Dahlberg, L. L., & Zwi, A. B. (2002). The world report on violence and health. World Health Organization, Geneva.

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gender it is understood “the socially constructed roles, behaviours, activities and

attributes that a given society considers appropriate for women and men.”344

This takes us to the western discourse elaborated by western feminists who

attempted to understand women’s inferiority and discrimination inside society. By

discrimination, it is referred to “ any distinction, exclusion or restriction made on the basis

of sex which has the effect or purpose of impairing or nullifying the recognition,

enjoyment or exercise by women, irrespective of their marital status, on a basis of equality

of men and women, of human rights and fundamental freedoms in the political, economic,

social, cultural, civil or any other field.”345 Historically, feminists struggled to elevate

women of gender discrimination which existed in male/female relations. Virginia

Maquieira D'Angelo provides us with an understanding of how feminism as a theory

unearthed and revealed new realities on power relations governing human’s social life.346

A woman has been instructed on specific rules suitable to be accepted inside the

community where she is living. Women pass through a hard process to become the

socially accepted women including passing FGM which is included among the necessary

steps undertaken which lead to the passage into adulthood. A necessity to become the

women expected to be socially by the surrounding society. This process of socialization

and feminization starts from an early age through which girls are instructed into a

different way than their male counterparts. It starts from inside the family and continues

through all social institutions such as the school, the social clubs, the university, and even

inside the work.

344 Article 3 of the Council of Europe Convention on preventing and combating violence against women and domestic violence retrieved from https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/090000168008482e 345Assembly, U. G. (1979). Convention on the elimination of all forms of discrimination against women. Retrieved from https://www.un.org/womenwatch/daw/cedaw/text/econvention.htm 346 Beltrán, E., & Maquieira D'Angelo, V. (2001). Feminismos: debates teóricos contemporáneos. Madrid: Alianza Editorial. Pp127-190

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In speaking about the issue, al-Saadawi unveils the reality of how a girl is treated

in a different manner since her birth from male children. She is instructed from early age

to be cautious about her sexual organs and to achieve this, she is treated with a serious of

warnings.347 Feminists linked FGM operations to the institution of Patriarchy and the

common interest in controlling women’s bodies. Patriarchal culture describes women as

highly sexualized-being who possess enormous sexual passion or appetite which would

lead to social and moral disorder and chaos. And for this reason, women’s bodies and

sexuality must be controlled by all possible means as a fundamental matter for protecting

male’s honor.348 Same idea has been expressed by Margot Badran who explained that

women are perceived as an “omnisexual-and highly sexualized- being” who would lead

to social and moral disorder and chaos. Such chaos connected to women’s bodies and

sexuality must therefore be avoided by containing women and their chastity, a matter

considered fundamental for male’s honor. Badran believes that such cultural notions

about women and the threat their sexuality might cause to social order and males’ honor,

they are often controlled by all possible means in the traditional patriarchal culture. These

possible means that included face veiling and seclusion during the 19th century also

include FGM. However, FGM is considered a severe form of such control. Badran

elaborates her ideas about the notions of the female body as follows:

“Notions of women as an omnisexual- and highly sexualized- being permeate

the entire culture in Egypt. This is to say that such thinking is shared by both

Christians and Muslims, who generally believe that women’s sexuality is the

product of “nature”. Women, as omnisexual creatures, have been associated

347El Saadawi, N. (2007). The hidden face of eve: Women in the arab world Zed Books 348 Berkey, J. (1996). Circumcision Circumscribed: Female Excision and Cultural Accommodation in the Medieval near East. International Journal of Middle East Studies, 28(1), 19-38. Retrieved from http://www.jstor.org/stable/176113 .

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with disorder or chaos (fitnah) connected with sexuality… women must be

contained, therefore, to preserve social order. The need to control women is

made more urgent still by linking male and family honor to the chastity of

women.”349

The practice has been promoted as it has been seen from the justifications provided

by the people in the EDH Surveys, through old socially constructed stereotypes which

are imposed on women to help sustain the patriarchal power inside societies in which

they prevail.350 They advocate FGM by convincing the people that through the operation,

girl turn more beautiful, or by describing the clitoris as a dangerous organ which could

lead to men’s death.351 On 2013, during my Masters studies’ project on FGM, I was

engaged into several discussions with some illiterate mothers. According to some, the

reasons given behind their subjugation of their daughters to circumcision were linked to

social misconceptions concerning FGM. They informed me during my discussions that

they had to circumcise their daughters despite of the pain to guarantee their daughters

future marriage since they believe that circumcision could make a girl more beautiful and

taller. Further they informed me that when a groom goes asking for a girl’s hand he

normally asks if she is circumcised or not. Besides if a girl is nor circumcised she might

be insulted by her husband for having a big clitoris.

Further, religion is often used to facilitate such mission of deceiving people in an

effort to guarantee the continuation of the practice. In the Egyptian Demographic and

Health Surveys, for example, religious reasons were cited tradition as one of the principle

349 Badran, M. (2009). Feminism in Islam: Secular and religious convergences. Oxford: Oneworld. p171 350 Ibid.p168 351 Tag-Eldin, M. A., Gadallah, M. A., Al-Tayeb, M. N., Abdel-Aty, M., Mansour, E., & Sallem, M. (2008). Prevalence of female genital cutting among Egyptian girls. Bulletin of the World Health Organization, 86, 269-274.

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reasons of conserving the practice352 Convinced that it is a religious duty, ordinary people

continue subjecting their daughters to such dangerous operation out of fear that any

abandonment would lead to corrupt morals and chaos. In an interview with an Egyptian

family in the BBC channel in 2012 on female circumcision, the mother declared that

FGM/C is considered a necessity for controlling sexuality of little girls and deprive them

of any sexual desire in an early age as she declared in the interview broadcasted:

“I will remove these parts of her body instead of letting her play with herself

or she might ask a boy to touch this part and she might enjoy it. It might be a

stranger or even one of her male cousins, so this will protect her and when

she feels the pain of it, she will be more careful about this part. removing

these parts of her daughter’s body will protect the girl’s virginity. In her

opinion when a girl feels pain, she will be more careful about this part.”353

Furthermore, most illiterate people believe that FGM/C is a religious obligation

that should be fulfilled. On 2013, during my master’s studies’ project on FGM, I was

engaged into several discussions with some illiterate mothers. According to some, the

reasons given behind their subjugation of their daughters to circumcision were linked to

social misconceptions concerning FGM:

“I circumcised my girl when she was six. At first, I was afraid because she

was weak in body but a friend of mine encouraged me to accompany her and

352 El-Zanaty, F., & Way, A. A. (2001). Egypt Demographic and Health Survey 2000. Calverton, Maryland [USA]: Ministry of Health and Population [Egypt], National Population Council and ORC Macro. 353 BBC Newsnight report on female genital mutilation in Egypt. Retrieved from https://youtu.be/bObvzSHRKT8

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circumcise my daughter at the same time, she will perform the operation to

her daughter. We went to a doctor in a Clinique and they circumcised my

daughter using anesthesia. Life is no different not like before, they did a blood

analysis and checked her heart before the operation, so she won’t die. I could

go inside with her because I can’t see her in pain. I had to circumcise her to

protect her virginity to guarantee her future marriage. Also, circumcision

makes the girl more beautiful and taller and, in our village, when a groom

comes for a girl’s hand he asks if she is purified or not” 354

In another discussion with an illiterate old mother who favors defends circumcision

despite of the prohibiting law, she expressed her ideas as follows:

“I have three daughters all circumcised when they were Young. My first

daughter was circumcised when she was eight in a Clinique while the other

two were circumcised in our house in the village. On that day when they

circumcised my two daughters, the doctor of the village passed by many

houses and circumcised several girls at the same day. My three daughters

were circumcised many years ago, before the prohibiting law of FGM/C, but

If I had another daughter after the illegalization of FGM/C I would have

circumcised here despite of the law because it is our religion that tells us to

circumcise our girls. Besides if a girl is not circumcised, she might be insulted

by her husband for having a big clitoris.

354 In an interview I elaborated with one of the victims of FGM in Egypt

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Further, this the practice of FGM had been considered necessary for preparing girls

for womanhood since “an uncircumcised woman retains masculine characteristics that

render her unfit for marriage”.355 The clitoris is considered as a male organ in the female

body and hence removing it is necessary to ensure full femininity to a girl. In an informal

conversation I conducted with several women in Egypt on the topic out of my interest in

hearing in their opinions about the reasons of circumcising their daughters, they replied

that one of the main reasons was the fear that upon a girl’s marriage, the girls husband

could criticize her if having this male organ in their belief. This idea of the expansion of

the clitoris in the size of the penis occupied Muslim medieval thinkers who considered

the clitoris an obstacle for sexual intercourse and therefore “should be cut off”.356 It is

believed to be essential in increasing a “daughter’s future chances of finding a

husband”.357 It is noted that circumcision is commonly performed on Egyptian girls

before the age of puberty out of the belief that circumcision in an early age could be

useless since younger girls’ genital grow and hence could need a re-circumcision before

puberty.358

The idea of the clitoris and the importance of removing it takes me to link the issue

with the western debate of the clitoris which were tackled by western feminists who

criticized Freud’s theories on female sexuality. The function of the clitoris as an organ

dense with nerves endings and the center of sexual sensibility and pleasure in women, it

represented in male western theories on sexuality a threat to male power as an equivalent

to the penis. Therefore, this organ has been dealt with in western theories on sexuality as

355 ibid 356 Berkey, J. (1996). Circumcision Circumscribed: Female Excision and Cultural Accommodation in the Medieval near East. International Journal of Middle East Studies, 28(1), 19-38. Retrieved from http://www.jstor.org/stable/176113. 357 Elgaali, M., Strevens, H., & Mårdh, P. A. (2005). Female genital mutilation–an exported medical hazard. The European Journal of Contraception & Reproductive Health Care, 10(2), 93-97. 358 Ministry of State for Population. (n.d). The National FGM Abandonment Strategy 2016-2020. Retrieved from http://www.npc.gov.eg/2013-09-28-20-39-20/ ة¢موقلا-ططخلا

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an unimportant organ in anatomy textbooks. While during the 19th century, it had been

dealt with as a passive organ inside the anatomy textbooks, situation had not changed

during the 20th century when Freud’s theories on sexuality dealt with it as an organ with

no name. These theories crystalized the vagina as the sole dominant organ responsible for

female sexuality ignoring the role of the clitoris. However, those theories of Freud-

followed by and his counterparts of psychoanalysts had been challenged by a number of

Western feminists. They rejected Freudian theories on female sexuality which not only

considered the vagina as the sole responsible of sexual pleasure, but also accused women

with no orgasm of frigidity. For them, linking female frigidity to the vagina and

discrediting the role of the clitoris incorporated in women’s suffering of psychological

problems of self-blaming and insecurity and advocated for male’s sexual domination over

women. Those feminist arguments were based on modern ideas of sexologists who

confirmed the vital role of the clitoris as “the center piece of female sexual response”.359

3.5. International and National Recognition of FGM as Violence

Recognized as a threat to women’s physical, sexual or mental wellbeing, FGM is

condemned on the international level and is placed as one of the forms of violence

perpetuated against women and girls.360 It is considered among the international

community as “a violation of a person’s right to health, security and physical integrity

and the right to be free from torture and cruel, inhumane or degrading treatment.”361

Internationally, the topic of FGM was raised for the first time in 1976 in Sudan during

359 Gerhard, J. (2000). Revisiting" the myth of the vaginal orgasm": The female orgasm in American sexual thought and second wave feminism. Feminist Studies, 26(2), 449-476. 360 Wolper, A., & Peters, J. (Eds.). (1995). Women's Rights, Human Rights: International Feminist Perspectives. Routledge. p225 361 Groeneveld, A. E. (2013). Female genital mutilation: Tradition versus human rights. African Journal of Urology, 19(3), 134-135.

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the United Nations conference held in Khartoum .362 The conference, named ‘Traditional

Practices affecting the Health of Women and Children’, included in its agenda the

problem of female genital mutilation among several other issues affecting women’s

health. During the Seminar participants from several countries including Egypt,

submitted their reports and discussed the physical and mental complications linked to

female circumcision.363 Though, the primary concern of the international community at

that time focused only on the health risks affecting women, yet, the interest into the matter

took a new perspective starting from the 90s. It was since the 1993, that the World

Conference on Human Rights in Vienna considered FGM as a violation of human

rights.364 It became to be considered a violation on girls and women’s rights since it

“reflects deep-rooted inequality between the sexes, and constitutes an extreme form of

discrimination against women and girls.”365

It violates human rights principles of several international conventions set for

women such as the right to non-discrimination on the basis of sex, the right to life and

maintain high standard of health, and the right to freedom of torture.366 For this FGM, for

instance, violates girl’s and women’s right to freedom from torture as stated in article 5

of the Universal Declaration of Human Rights (UDHR) 1948 which states that “No one

shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

362 Rushwan, H. (2013). Female genital mutilation: A tragedy for women’s reproductive health. African Journal of Urology, 19(3), 130-133. 363 World Health Organization (1979, February 10-15). Seminar on Traditional practices affecting the health of women and children. Retrieved from https://apps.who.int/iris/bitstream/handle/10665/254379/em_mch_137_em_ment_91_em_sem_tr_pr_aff_hth_wm_44_en.pdf?sequence=1&isAllowed=y 364 UNICEF. (2013). Female genital mutilation/cutting: a statistical overview and exploration of the dynamics of change. New York. https://www.unicef.org/cbsc/files/UNICEF_FGM_report_July_2013_Hi_res.pdf 365 World Health Organization. (2008). Eliminating female genital mutilation: an interagency statement-OHCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCR, UNICEF, UNIFEM, WHO 366 World Health Organization. (2010). Global strategy to stop health-care providers from performing female genital mutilation. Geneva: World Health Organization.

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367 Further the operation in is contradiction with the principles called for in the

Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)

(1979). In its article 5, the Convention calls on state parties to “To modify the social and

cultural patterns of conduct of men and women, with a view to achieving the elimination

of prejudices and customary and all other practices which are based on the idea of the

inferiority or the superiority of either of the sexes or on stereotyped roles for men and

women.”368 It also contravenes with the Convention on the Rights of the Child (1989)

which stressed in article 24 on the abolishing of “traditional practices prejudicial to the

health of children” and on taking “all appropriate legislative, administrative, social and

educational measures to protect the child from all forms of physical or mental violence,

injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including

sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has

the care of the child.” FGM violates, also article3, para. 1 of the CRC which states that

''the best interests of the child shall be a primary consideration.”369 In addition, in Article

4 of the Declaration on the Elimination of Violence against Women 1993, violence in all

its forms even if it is a tradition or custom is condemned as it called on states to “condemn

violence against women and should not invoke any custom, tradition or religious

consideration to avoid their obligations with respect to its elimination.”370

For all this, since 1997, intensive international efforts towards combating FGM

have been exerted. These efforts were seen from the World Health Organization exerted

367Universal Declaration of Human Rights. Retrieved from https://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf 368 Assembly, U. G. (1979). Convention on the elimination of all forms of discrimination against women. Retrieved from https://www.un.org/womenwatch/daw/cedaw/text/econvention.htm#article5 369The Convention was adopted by the UN General Assembly’s resolution 44/25 of 20 November 1989 and entered into force on 2 September 1990 For more information see: The Convention on the Rights of the Child, United Nations Human Rights Office Of the High Commissioner accessed at : http://www.ohchr.org/en/professionalinterest/pages/crc.aspx 370 Assembly, U. G. (1993). Declaration on the Elimination of Violence against Women. UN General Assembly. Retrieved from http://www.un.org/documents/ga/res/48/a48r104.htm

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in collaboration with OHCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA,

UNHCR, UNICEF, UNIFM, a matter which is reflected in the interagency statement

issued in 2008.371 In the same year of 2008, the World Health Assembly agreed on

(resolution WHA61.16) concerning FGM. In 2010 WHO published the “Global Strategy

to stop health-Care provider from performing female genital mutilation.”372 In November

2012, the UN General Assembly adopted a resolution on the elimination of female genital

mutilation/cutting (FGM/C).373 In addition, in 2013, the Commission on the Status of

Women on its 57-session confirmed the necessity of putting end to gender-based

violence.374

3.6. Legislation on Female Genital Mutilation in Egypt

At the national level, the battle against female circumcision is not a recent one, but

rather, it dates back to the fiftieth of the twentieth century. controversy over female

circumcision initiated with a mere discussion inside medical circles in 1920 as a health

problem when “the Egyptian Physician Association recommended banning FGM/C

because its health impact”.375 This debate developed through the pass of years and took

serious steps during the fiftieth when the topic had been seriously dealt with from a health

perspective.376 In 1959, the Minister of Health issued a ministerial decree no.74 of 1959

371 World Health Organization. (2008). Eliminating female genital mutilation: an interagency statement-OHCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCR, UNICEF, UNIFEM, WHO 372 World Health Organization. (2010). Global strategy to stop health-care providers from performing female genital mutilation. Geneva: World Health Organization. 373 WHO Fact Sheet. https://apps.who.int/iris/bitstream/handle/10665/112328/WHO_RHR_14.12_eng.pdf?ua=1 374 La Comisión de la Condición Jurídica y Social de la Mujer sobre su 57 periodo de sesiones (CSW57) 375 Serour, G. I., & Ragab, A. (2013). Female Circumcision: Between the Incorrect Use of Science and the Misunderstood Doctrine. Retrieved from UNICEF website https://www.unicef.org/cbsc/files/Final_English_FGM_summary.pdf 376 Ministry of State for Population. (n.d). The National FGM Abandonment Strategy 2016-2020. Retrieved from http://www.npc.gov.eg/2013-09-28-20-39-20/ ة¢موقلا-ططخلا

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in which he prohibited operations of female circumcisions to take place inside any of the

governmental hospitals or health units.377 However, this ministerial degree though

prevented midwives to perform operations or even allowed circumcision inside state-run

hospitals, it, “astonishingly allowed partial clitoridectomy if parents requested it.”378 By

this, the decree left a loophole through which FGM operations continued to persist inside

the Egyptian society.379 It seems that this positive step, at least partially, did not succeed

to bring an end to the persistence of the operations.

In later years, the debate over female circumcision developed to take a new perspective

rather than the medical one. This appeared during the period of the seventieth, when the

issue of female circumcision has been dealt with for the first time from a social

perspective, when the socialist Marie Asaad presented the first social research on the

problem.380 In her ‘Female Circumcision in Egypt: Social Implications, Current Research,

and Prospects for Change’ Assaad presented a sociological interpretation of the practice

among the Egyptian society through interviewing 54 Egyptian respondents on their

experience with female circumcision.381 The topic, was also addressed between the 1970s

and 1980s female circumcision by the Egyptian feminist Nawal al-Saadawi who was

herself a victim of FGM and came into direct contact with FGM cases after graduating

from the medical school. Her job as a medical doctor in rural areas allowed her to see

many emergency cases of bleeding among young girl who undergone FGM, as well as

examining cases from Sudanese women who were subjected to the severe case of FGM

377 Hafez, M. (2019, July18). Chronology: Stations in the War on FGM in Egypt. Retrieved From https://wlahawogohokhra.com/10065/ خ-¸ع-ةدتمملا-برحلا-²́±-تاطحم-²±°مز-لسلس­ / 378 Ayman, Dina. The uphill Battle against FGM: Four female activists stood against the Long-Standing Practice. Accessed at: https://wlahawogohokhra.com/8698/the-uphill-battle-against-fgm-four-female-activists-stood-against-the-long-standing-practice/?lang=en 379 United States Department of State. (2001). Egypt: Report on Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) Retrieved from www.refworld.org/docid/46d57876c.html 380 Ministry of State for Population. (n.d). The National FGM Abandonment Strategy 2016-2020. Retrieved from http://www.npc.gov.eg/2013-09-28-20-39-20/ ة¢موقلا-ططخلا 381 Assaad, M. B. (1980). Female circumcision in Egypt: social implications, current research, and prospects for change. Studies in family planning, 11(1), 3-16.

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named infibulation or pharaonic circumcision. All these circumstances influenced Nawal

and arouse her anger against such inhumane practice.382

The debate over female genital mutilation then developed during the ninetieth to

be dealt with from a human-rights perspective as a result of the controversary followed

the International Conference for Population and Development (ICPD). On 5-13

September 1994, The International Conference on Population and Development (ICPD)

was held in Cairo during which topics related to women’s reproductive health were on

the agenda of the conference. Female circumcision was a matter of conflict between

several opinions. For some, it was considered a religious matter and for others it was seen

as a violation of girl’s and women’s rights. It was the ICPD, which politicized the issue

of female circumcision, after a long time of media silence on an old age practice, and

included it into the political agenda of the state. Following the ICPD, the national Anti-

FGM Task force was created in 1994 to study the issue of female circumcision from

several perspective including the medical, social, religious and human rights.383 The Task

Force, chaired by Marie Assaad, aimed at to uniting forces towards working together for

the eradication of FGM.384

On October 1994 Ministerial Resolution No. 1994 which allowed the opening of

public hospitals to perform female circumcision only upon the wish of a girls’ guardians

and to be performed by only doctors. The resolution caused an outrage which made the

Minister of Health Dr Ali Abdelfatah ,17 October 1995, to issue a new resolution banning

the performance of female circumcision inside public hospitals. This decision was

followed in 1996 by resolution 261 of 1996 by Dr Isamail Salam Minster of Health in

382El Saadawi, N. (2007). The hidden face of eve: Women in the arab world Zed Books. Pp 13- 17 383 Ministry of State for Population. (n.d). The National FGM Abandonment Strategy 2016-2020. Retrieved from http://www.npc.gov.eg/2013-09-28-20-39-20/ ة¢موقلا-ططخلا 384El Dawla, A. S. (1999). The political and legal struggle over female genital mutilation in Egypt: Five years since the ICPD. Reproductive health matters, 7(13), 128-136.

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which he banned the performance of female circumcision either by medical personal or

by any other person either in public hospitals and private clinics 385 The new decision of

1996 excluded cases where FGM is necessary due to medical reasons such as cases of

illness with a condition of prior consent of the head of the Department of Obstetrics and

Gynecology in the hospital in which the operation is taking place.386 Further since 2003,

combating and eradicating female circumcision has been included in the state’s efforts

through its several organizations concerned with women and girl’s health and rights. This

is reflected through the FGM Free Village model387 Program adopted by the National

Council for Childhood and Motherhood which later developed to become the National

FGM Abandonment and Family Empowerment Program. The Abandonment program

also included launching a number of media campaigns against female circumcision which

helped in breaking with a taboo issue which kept hidden from public discussion for

several decades. Governmental and non-governmental bodies were also involved into the

implementation of the program which extended to 2009. The efforts exerted from

different key players in an attempt to combat female circumcision resulted in the decrease

in the percentages of circumcision. 388 Yet, female circumcision was not totally banned

on the official level of the State until the death of a 12-year old girl named Bdour Shaker

385 Retived from http://nccm.gov.eg/wp-content/uploads/2019/07/ ثانإلا - ناتخو - مالعإلا .pdf 386 Hafez, M. (2019, July18). Chronology: Stations in the War on FGM in Egypt. Retrieved From https://wlahawogohokhra.com/10065/ خ-¸ع-ةدتمملا-برحلا-²́±-تاطحم-²±°مز-لسلس­ / 387 The FGM Free Village Model (NCCM/Project) was launched in 2003 as an Egyptian national initiative under the auspicious of the National Council for Childhood and Motherhood (NCCM) in collaboration with United Nations Development Programme (UNDP), Donor Assistance Group (DAG), European Commission (EC), United Nations population fund (UNFPA), United Nations of Volunteers (UNV), Plan International. The project aimed at eliminating the practice of female genital mutilation as a national priority towards girl’s rights through addressing families and enhancing their knowledge on the detriments of the operation to move them towards abandoning the practice. The programe was implemented inmore than 180 villages on two faces For more details on the program and its objectives see: http://www.nccm-egypt.org/e11/e3172/index_eng.html 388 Ministry of State for Population. (n.d). The National FGM Abandonment Strategy 2016-2020. Retrieved from http://www.npc.gov.eg/2013-09-28-20-39-20/ ة¢موقلا-ططخلا

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in upper Egypt while exposed to the operation.389 The story of Bdour’s death ended up

on various national newspapers and awareness of the severity of the practice sparked

among the population. Further, her death pushed the Ministry of Health to take the matter

more seriously and to issue decree No. (271) for the year 2007.390 The decree issued on

28 of June 2007, banned doctors and health workers either in government or non-

government health facilities to perform FGM.391 Further, more steps were taken to ensure

the eradication of FGM and punishing the perpetrators.

Since the Egyptian penal code promulgated by Law No. 58 of 1937 and its

amendment is the principle law under which all crimes against the human body is

persecuted and therefore female circumcision were punishable under article 240 of the

penal code which states that anyone who has caused a wound or injury to another person

which results into a cut or separation of a part of this person’s body and loss of its function

and resulted into a permanent disability is punishable by law from 3 to 5 years.392 For

this, on 7 June 2008, two articles were added to the penal code (law No.58 of 1937) that

condemns any person from performing FGM/C. Nonetheless, the period following the

year 2008 witnessed several calls to intensify legal actions against FGM since the

operations continued to be performed, yet, these efforts were interrupted by the political

situation inside Egypt with the 2011 revolution and the rising of the political Islam

reflected in the Muslim Brotherhood. The period during which they stayed in power that

Egypt witnessed several calls towards encouraging female circumcisions. In 2012, as to

389 Ayman, Dina. The uphill Battle against FGM: Four female activists stood against the Long-Standing Practice. Retrieved from https://wlahawogohokhra.com/8698/the-uphill-battle-against-fgm-four-female-activists-stood-against-the-long-standing-practice/?lang=en 390 http://anaweelamargeran.blogspot.com/2017/03/doctorizing-female-genital-mutilation.html 391 Hafez, M. (2019, July18). Chronology: Stations in the War on FGM in Egypt. Retrieved From https://wlahawogohokhra.com/10065/ خ-ىلع-ةدتمملا-برحلا-يف-تاطحم-ينمز-لسلست / 392 Serour, G. I., & Ragab, A. (2013). Female Circumcision: Between the Incorrect Use of Science and the Misunderstood Doctrine. Retrieved from UNICEF website https://www.unicef.org/cbsc/files/Final_English_FGM_summary.pdf

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mention, some religious leaders tried to revoke the criminalization law and further

encouraged families in villages to circumcise young daughter, however, the Supreme

Constitutional Court rejected their lawsuit, and by this keeping with the criminalization

law of 2008.393 In 2016 intensive debates on FGM were reopened with the death of a new

victim in the city of Suez in Egypt while undergoing an FGM. It was on May 2016, when

a 17-year-old girl named Mayar Mahmoud, died and paved the way for the amendments

to the law to treat FGM as a crime with a punishment up to 15 years of prison in the case

of a victim’s death.394

Finally, the legal battle regarding FGM ended in 2016 with the Egyptian parliament

approving to change the consideration of the crime from a misdemeanor to a felony apply

and by this applying a severe penalty on the perpetrators of FGM.395 Further, as part of

Egypt’s commitment to the Convention on the Elimination of All Forms of

Discrimination Against Women as well as the Convention on the Right of the Child and

the UN resolution adopted in 2012 on intensifying efforts to combat FGM, the National

FGM Abandonment Strategy 2016-2020 was adopted to reduce FGM rated in future

generations.396 Further exerted efforts are being exerted from the Egyptian State to put

end to the practice. Last efforts are reflected during June 2019, during which a regional

conference on child marriage and Female genital mutilation (FGM) was hosted in Egypt

organized by the Egyptian Ministry of Foreign Affairs, the National Council for Women

(NCW)and the National Council for Childhood & Motherhood, in cooperation with the

393 Ministry of State for Population. (n.d). The National FGM Abandonment Strategy 2016-2020. Retrieved from http://www.npc.gov.eg/2013-09-28-20-39-20/ ة¢موقلا-ططخلا 394 Dina, A. (2009, February13). The Uphill Battle against FGM: Four Female Activists Stood against the Long-Standing Practice. Retrieved from https://wlahawogohokhra.com/8698/the-uphill-battle-against-fgm-four-female- activists-stood-against-the-long-standing-practice/?Lang=en 395 Hafez, M. (2019, July18). Chronology: Stations in the War on FGM in Egypt. Retrieved From https://wlahawogohokhra.com/10065/ خ-ىلع-ةدتمملا-برحلا-يف-تاطحم-ينمز-لسلست / 396 Ministry of State for Population. (n.d). The National FGM Abandonment Strategy 2016-2020. Retrieved from http://www.npc.gov.eg/2013-09-28-20-39-20/ ة¢موقلا-ططخلا

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European Union and the African Union.397As mentions Maya Morsi, President of Egypt's

National Council for Women ( NCW), in her speech during the Conference that “The

formation of the National Committee for the Elimination of Female Genital Mutilation,

chaired by the National Council for Women and the National Council for Childhood and

Motherhood, represents an important step towards working together for Egypt, which is

completely free of female genital mutilation, and coordinating all efforts and partnership

with all state agencies and civil society to work for Egypt free from FGM.”398

Despite of the criminalization FGM is still commonly performed among families,

especially in the Upper region of Egypt, and the “procedure is almost never

discovered”.399 The difficulty of discovering FGM operation and punish its perpetrators

are due to two reasons; first since the first type of the procedure performed in Egypt is

mainly type I in which severe bleeding is uncommon, and second since those performers

are protected by the families inside the communities in which FGM is practiced.400

Families are seeking ways to “get round the law” to cut their daughters often by doctors

in secret either in the late-night hours or early in the morning to avoid the penalty of

prison.401 Thus, informal or clandestinely practice are still taking place inside the

Egyptian society. Though no recent data is available since the national survey conducted

in 2015, it is revealed that the operations are still existing among girls. As table 2

demonstrates, nearly the percentage of circumcision among women and girls remained a

high percentage till 2015 as latest data available are reflected in the EDHS of 2015. Such

397 Egypt Today. (2019). Egypt hosts regional Conference on Child Marriage, FGM. Retrieved from http://www.egypttoday.com/Article/1/71781/Egypt-hosts-regional-conference-on-child-marriage-FGM 398 National Council for Women. (2019).Under the patronage of President Abdel Fattah El-Sisi, President of the Republic, the activities of the regional conference on eliminating child marriage and female genital mutilation were launched. Retrieved from http://ncw.gov.eg/ar/ سÁسلا-حاتفلا-دÃع-سÁئرلا-د¢سلا-ة¿اعر-تح / 399 Rasheed, S. M., Abd-Ellah, A. H. and Yousef, F. M. (2011), Female genital mutilation in Upper Egypt in the new millennium. International Journal of Gynecology & Obstetrics, 114: 47–50. 400 ibidem 401 Cut in secret: the medicalization of FGM in Egypt CNN (2017, February7) CNN. Retrieved from https://edition.cnn.com/2017/02/06/africa/africa-view-egypt-fgm/

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data are extracted from the Egyptian Demographic and Health Surveys of several years.

These surveys were conducted as part of an international Demographic and Health

Surveys program (DHS) aimed at collecting data on maternal and child health, fertility

and family planning. The Surveys in Egypt started with the 1988 EDHS Survey, followed

by the 1992 EDHS both of which addressed issues related to women’s health without any

mention to female circumcision. It was the EDHS of 1995 which started to provide

statistics on the issue, followed by subsequent DHS surveys in Egypt. Although in the

EDHS 1997 and the EDHS 1998 the issue of female circumcision disappeared from the

topic covered by the two surveys. However, in the EDHS 2000, the EDHS 2003, the

EDHS 2005, EDHS 2008, EDHS 2014 and the EDHS 2015, female circumcision was

included as a main topic affecting women’s health. 402The 1995 Egypt Demographic and

Health Survey (EDHS-95), conducted by the National Population Council, is considered

“the first national-level survey” to provide statistics and undertake a questionnaire on the

practice of Female circumcision in the Egyptian Society.403

402 For full access of the survey see The DHS program, Demographic and Health Surveys. Retrieved from https://dhsprogram.com/pubs/pdf/FR14/FR14.pdf 403 El-Zanaty, F., & Way, A. A. (2001). Egypt Demographic and Health Survey 2000. Calverton, Maryland [USA]: Ministry of Health and Population [Egypt], National Population Council and ORC Macro.

142

Table2. A comparison between EDHS of different years on FGM

Year

1995

1997

1998

2000

2003

2005

2008

2014

2015

Prevalence among Women

97.0%

NO Data

No Data

97.3%

97%

95.8%

91.1%

92.3%

87.2%

Percentage of women supporting

81.6%

No Data

No Data

75.3%

71.1%

67.5%

54.0%

57.8%

53.9%

Daughters circumcised

49.7%

No Data

No Data

49.5%

47.3%

27.7%

24.1%

21.4%

14.1%

Mother’s intention to circumcise daughters

37.6%

No Data

No Data

80.9%

30.7%

41.0%

32.9%

34.9%

40.8%

Source: Based on EDHS of 1995, 2000, 2003, 2005, 2008, 2014 and 2015.404

According to the EDHS-95, the practice of female circumcision represented a universal

phenomenon among Egyptian women. The survey indicated that 97 percent of ever-

married women interviewed have been subjected to circumcision.405 This percentage

remained high for quite a long time as indicated the subsequent DHS surveys of 2000 and

2005 where the percentage of circumcised women marked 97 percent and 96 percent

respectively.406 In the 2000 EDHS, the results show that little change have been made to

404 Full Surveys available at: https://www.dhsprogram.com/pubs/pdf/FR71/FR71.pdf https://www.dhsprogram.com/pubs/pdf/FR117/FR117.pdf https://dhsprogram.com/pubs/pdf/FR149/FR149.pdf https://www.dhsprogram.com/pubs/pdf/FR176/FR176.pdf https://dhsprogram.com/pubs/pdf/FR220/FR220.pdf https://dhsprogram.com/pubs/pdf/fr302/fr302.pdf https://dhsprogram.com/publications/publication-FR313-DHS-Final-Reports.cfm 405 El-Zanaty, F., Hussein, E. M., Shawky, G. A., Way, A. A., & Kishor, S. (1996). Egypt Demographic and Health Survey 1995. Calverton, Maryland, USA: National Population Council [Egypt] and Macro International. Inc 406 El-Zanaty, F., & Way, A. A. (2001). Egypt Demographic and Health Survey 2000. Calverton, Maryland [USA]: Ministry of Health and Population [Egypt], National Population Council and ORC Macro. And El-

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the existence of FGM among the population. Though there was a slight decline according

to the 2000 survey in parent’s intention of circumcising their daughters, yet they

expressed their intention to have their daughters undergone the operation in the future.

Thus this percentage indicate a continuous support of the practice among the

population.407 The slightly improvement in the proportion of girls undergoing FGM could

be seen in younger generations.408 Also, the survey shows that the percentage of girls who

have been circumcised is lower in Urban Governorates than in rural areas.409 According

to the last 2014 EDHS, the FGM percentage among women was 92 percent among the

age group 15-49 years, and 61 percent among the age group 15-17 years.410 Nonetheless,

the prevalence of circumcision among girls and women in the age between 15-49 marked

a modest decline where the 2015 EDHS indicated that the practice of female circumcision

marks 87 percent by this confirming that the practice is still widespread in Egypt.411

However, it could be noticed that more recently, although the overall percentage of

circumcision among circumcised women is still high, there is a decline in the percentage

of circumcision among the youngest generations as indicates the last survey. The

percentage of girls between the age of 15-19 for example marked in the 2015 EDHS 69.6

percent in comparison with 2014 EDHS in which the percentage of circumcised girls

between 15-19 years marked 87.6 percent.412 Based on the above mentioned data, effort

exerted for more than two decades to combat female circumcision has contributed to the

Zanaty, Fatma and Ann Way (2006). Egypt Demographic and Health Survey 2005.Cairo, Egypt: Ministry of Health and Population, National Population Council, El-Zanaty and Associates, and ORC Macro. 407 El-Zanaty, F., & Way, A. A. (2001). Egypt Demographic and Health Survey 2000. Calverton, Maryland [USA]: Ministry of Health and Population [Egypt], National Population Council and ORC Macro. Pp191-200 408 El-Zanaty, F., & Way, A. A. (2004). 2003 Egypt interim demographic and health survey. Calverton: Ministry of Health and Population [Egypt], National Population Council and OCR Macro. 409 El-Zanaty and Associates [Egypt], and ICF International. (2015). Egypt Demographic and Health Survey 2014. Cairo, Egypt and Rockville, Maryland, USA: Ministry of Health and Population and ICF International. 410 ibid 411 ibid 412 El-Zanaty and Associates [Egypt], and ICF International. (2015). Egypt Demographic and Health Survey 2014. Cairo, Egypt and Rockville, Maryland, USA: Ministry of Health and Population and ICF International.

144

decline of the prevalence of circumcision among the Egyptian society despite that the

decline could be described as modest. Nonetheless, despite the continuous efforts exerted

to constrain the practice, FGM is still commonly performed with the claim of respecting

tradition, ensuring female virginity, as well as fulfilling a “religious precept”413 Now the

puzzling question is why this old age practice is still persistent inside the Egyptian

society? Why despite the legal status and the extensive efforts which have been made

starting from campaigns against FGM, initiatives addressing the practice or programs

aiming at raising awareness of the problem, do parents ask practitioners to circumcise

their daughters illegally.

413 Rasheed, S. M., Abd-Ellah, A. H. and Yousef, F. M. (2011), Female genital mutilation in Upper Egypt in the new millennium. International Journal of Gynecology & Obstetrics, 114: 47–50.

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Chapter 4

Is FGM an outcome of Islam?

4.1.Introduction

The status of women in Islam had raised much debate and had been a subject of

much disagreement in numerous scholarly articles. For the majority of Western

Intellectuals, women’s position in Muslim societies is that of subordination and

inferiority. Western writings on Muslim women dealt extensively with the idea that

Muslim women often suffered abuse such as polygamy, forced marriages, inequality in

inheritance, or domestic violence. It is a common perception that Islam and the system of

the family under the Islamic law are discriminatory to women through which a woman is

not allowed to marry upon her will or end the marital relationship upon her request. Those

writers accusing Islam directly link forms of discrimination against women to religion

which they depict as hostile towards women. The controversy might stem from the fact

that, through history, women in Muslim families and Islamic communities had been

treated in an inferior manner than men. They were often oppressed or discriminated and

were deprived of several rights which women had gained in western cultures both in the

domestic and public spheres. In several countries such as Saudi Arabia, for instance,

which “is largely regarded as the main reference point for a conservative application of

Islamic Shari'a” women had always suffered from different form of discrimination among

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them the simple right to drive a car till recent improvement.414 For significant number of

Western scholars, intellectuals, and researchers, they tested a set of questions that might

serve as a basis for the general conclusion; that religions in general and Islam in particular

through its Islamic law(sharia) are the main responsible of this situation of inferiority in

which women were submitted to. They went further to accuse Islam of being the main

factor behind the widespread practice of female genital mutilation.

We find the idea of accusing Islam of mistreating women and depriving them from

several rights in many books and articles. Just to mention few, in Unveiling Islam, Islam

is depicted according to the authors of the book as a discriminatory religion and abusive

to women through the Holy Quran which they claim contains several verses on women’s

inferiority. The book under review also suggest that a married Muslim woman, as they

put it, is considered as only her “husband’s sex object” who lacks many rights and

becomes a victim to marital punishment and violence. The authors of this books also

accuse Islam of depriving women from several rights among them unilateral divorce or

equal inheritance since women is depicted as “a lesser creature” who inherits half of a

man. 415 Similarly, this idea of women’s inferiority in Islam has been tackled by other

authors. In an article named Women's Rights in Islam, for instance, it is mentioned that

Prophet Muhammed “introduced harsh stipulations” and enforced the concept or the

belief that woman is an inferior being, heartless, who must unconditionally bow to the

man.”416 Further, according to the same article, a woman has no say in her marriage

contract and that a man’s superiority is a clear and a woman’s role is only directed towards

414 Mansour, D. (2014). Women’s rights in Islamic Shari’a: between interpretation, culture and politics. Muslim world journal of human rights, 11(1), 1-24. 415 Caner, E. M., & Caner, E. F. (2003). Unveiling Islam: An insider's look at Muslim life and beliefs. Milll Hill, London &Grand Rapids, Michigan.p137 416 Nicolau, I. (2014). WOMEN'S RIGHTS IN ISLAM. Contemporary Readings in Law and Social Justice, 6(1), 711-720. Retrieved from http://search.proquest.com/docview/1550171469?accountid=14478

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procreation.417 Moreover, to some feminists the story of the creation of Adam and Eve

showed this relation of inferiority, since Eve was created from Adam’s Rib.418

On the other hand, however, the bias against Islam in relation to women have made

scholars and other determents to take an opposite stance. Among the writers who rejected

the western views on religious matters regarding women was Martha Nussbaum who

highlighted that those who adopt views against the Islamic traditions were ignorant about

the reality of Islam. She further argued that western practices such as breast implants, sex

magazines, or nude photos were the behind degrading women and objectify them for male

benefits.419 As for the religious scholars who defended women’s position in Islam, they

came out with interesting results. They highlighted that Islam provided women with

rights, several centuries ago, that were not previously mentioned in other religions. In an

attempt to rectify this conception about women and Islam, they returned to the text of the

Quran and the hadith420 to refute those Western claims. This included revising the

religious texts which were used to defend the link between religion and FGM to come

with an analysis on the matter. In his search on women named Women between Islam and

the suspicions of the other, Sheikh Ali Gomaa Mohamed, for instance, spoke about the

status of women before the advent of Islam when they were humiliated and oppressed

from all ancient civilizations.421 He affirms that all texts driven from the Quran and the

Sunna demonstrate the high status of women in the Islamic Sharia. And highlights that

417 ibidem 418 For more information about western opinión on this matter See Amorós, C. (2009). Vetas de ilustración: Reflexiones sobre feminismo e Islam. Ediciones Cátedra.p212 419 Nussbaum, M. (2010). Veiled threats. New York Times, 11, 2010. 420 A recommended book to get insight about some hadiths translated to English is Budak, A & Altay, K. (2013): 40 Hadiths: Translation & commentary. 421 G. Mohamed, Ali. Women between Islam and the suspicions of the other. Retrieved from: https://www.draligomaa.com/index.php/ بتكÆةÃتكملا /item/1488- -د-أ-رخألا-تاهبشو-مالسإلا-فاصنإ-±ÊËب-ةأرملا

ةعمج-²̧ع

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the existing differences between a woman and a man in functions does not implicate any

type of diminution to each of them.422

Among the scholars who also dealt with women’s situation in Islam is Muhammed

Al-Ghazali who asserted the same idea mentioned above. In his book, Women’s Issues

between Stagnant Traditions and Expatriate Traditions, Al-Ghazali shed the light on

verses of the Quran, namely An-Nahl423 and al Imran424, in which men and women were

mentioned as human-beings on equal footage without any type of discrimination. He

explained that the distinction made on few matters was based on the natural being of each

sex without considering any of them inferior to the other. He then explained that Islam

treated women in a compassionate manner in certain issues, among them was relieving

them from some religious obligations. This matter included exempting them from

performing prayers or fastening, during the holy month of Ramadan due to their physical

pain during the menstrual period. Al-Ghazali also sought to shed light on the fact that

Islam dictated norms for both men and women to guarantee the rights of both in various

aspects of life with no discrimination. In his book, he explained that the sacred religious

texts of the Holy Quran illustrate the value in which Islam placed women through its’

various verses. Yet, the social customs set by humans affected the social and intellectual

situation of women despite of the obvious equality mentioned in the Quran between men

and women. 425 Now if one probes in this subject tackled by the two groups of intellectuals

and scholars who adopted opposing opinions on the status of women in Islam, we find it

necessary to shed light on Islam and understand how it treated women to provide the

422 Ibid 423 Surat An-Nahl of the Quran is verse 97 and can be accessed at https://quran.com/16/97 424 Surat Al Imran of the Quran is verse 195 Can be accessed at: https://quran.com/3 425 Al-Ghazali, M. (2013). Women’s’ Issues between Stagnant Traditions and Expatriate Traditions, Cairo: Dar Al Shorroq Publication. Translation of the title is my own translation. Its original Arabic name is ( هدفاولاو هدكارلا دیلاقتلا نیب ةأرملا ایاضق ) Pp39-125

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reader with a better insight into the issue and then move on to tackle the issue of FGM

from a religious point of view.

4.2.Islam a guidance for Muslims: An overview

Islam is the last of the heavenly religions which was revealed to prophet

Muhammed by the Archangel Gabriel who instructed him with words of the Quran. In a

Muslim society, Islamic faith is the most influential source on the lives of every believer.

Muslims believe in God as the only creator and believe in Prophet Muhammed as the last

prophet sent to humans by the Creator. People in their daily life, derive their religious

teachings and instructions from the Quran and the Sunnah as a guidance for a correct

behavior of Muslims. The Quran is the holy book which contains the words of God

revealed in the Arabic language to prophet Muhammed during a period of twenty-three

years in which “various elements, such as parables, ethical pronouncement, general legal

rules and specific ones, as well as spiritual guidance” were included. There is no

disagreement between scholars on the content of Quran, however disagreement aroused

from some interpretations of it.426 The Quran is divided into 114 chapter each chapter is

known by Sura and each Surah is divided into verses known as Ayah. In the Quran a long

verse named al-Nisaa (Women). Understanding the qur’anic verses necessitates both

dominating the Arabic language as well as understanding the circumstances under which

each verse was revealed. In several verses of the Quran men and women were addressed

by using the Arabic word ‘insan’ which literally means a ‘human soul’ or a ‘human being’

in reference to both women and men regardless of their gender. Yet, in some verses men

426 Browning, D. S., Green, M. C., & Witte Jr, J. (Eds.). (2006). Sex, marriage, and family in world religions. Columbia University Press.

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or women were addressed using words women or men to assert on a certain meaning. The

Sunnah is the second source of the Islamic legislation; it includes all sayings, deeds, moral

qualities of Prophet Muhammad which had been transferred to us in a correct and clear

manner. It is worth mentioning that Asr al Tadwin, as mentions Fatima Mernessi in which

religious texts were put into writings it began in the eighth century “when the Muslim

Savants began to make a catalogue of Hadith (the recorded deeds and saying attributed to

the prophet), fiqh (religious knowledge), and tafsir( explications of the Koran).”427

Based on the Quran and the hadith, it is clear that Islam dictated norms for both

men and women for all aspects of life to guarantee a life with no discrimination.428 These

regulations set by Islam, included all aspects of human life. They also organized matters

related to women to guarantee their rights and duties in a time where women had been

treated in a degrading manner before the advent of Islam. This status of degradation and

inferiority before Islam was reflected in the writings of many religious figures among

them, Sheikh Ali Gomaa Mohamed who tackled the status of women before the advent

of Islam when they were humiliated and oppressed from all ancient civilizations. In this

he wrote:

“ A woman for the Greeks was as a poisoned tree, or a work of Satan. For the

Romans a woman was been looked to as something with no soul. And in the

ancient Chinese culture, a husband had the right to bury his wife alive and if

he died, his family had the right to inherit her. And to the Indians, they said

not death, hell, poison, snakes and fire worse than women. Women do not

have the right to live after the death of her husband, but rather must be burned

427 Fatima, M., & Lakeland, M. J. (1991). Women and Islam: An historical and theological enquiry. Trans. Mary Jo Lakeland. Oxford: Basil Blackwell. 428 Al-Ghazali, M. (2013). Women’s’ Issues between Stagnant Traditions and Expatriate Traditions, Cairo: Dar Al Shorroq Publication. Translation of the title is my own translation. Its original Arabic name is ( ایاضق

هدفاولاو هدكارلا دیلاقتلا نیب ةأرملا ) Pp39-125

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with him. And the Persians allowed taboo marriages without exception and

the Persian may sentence his wife to death. And the Jews considered cursed

her as they considered her the source of seduction and unclean in the case of

menstruation and may be sold to her father. For the Christians, women were

created to serve men. And for the Arabs before Islam, women were buried

alive (in what is known as Waed).”429

Girls during the Jahilya, a name given on the period before the advent of Islam,

female girls represented a disgrace to their families and therefore were buried alive

directly on their birth. However, Islam prohibited and refused such practice of female

infanticide against newborn girls who haven’t committed any sin but were buried alive

for the only reason of being “a girl”. Such practice known in Arabic as Wa’ad al-Onsa is

mentioned in the following two Quranic verses. God Almighty, in Quran surat An-Nahl,

prohibited the widespread female infanticide as follows:

1. “And when one of them is informed of [the birth of] a female, his face

becomes dark, and he suppresses grief. He hides himself from the people

because of the ill of which he has been informed. Should he keep it in

humiliation or bury it in the ground? Unquestionably, evil is what they

decide”430

2. “When the sun is wrapped up [in darkness], And when the stars fall,

dispersing, And when the mountains are removed, And when full-term

429 Mohamed, A.G.: Women between Islam and the suspicions of the other. The original Arabic book is titled ( ةعمج-²̧ع روتكدلل رخألا-تاهبشو مالسإلا فاصنإ ±ÊËب ةأرملا ). Retrieved from: https://www.draligomaa.com/index.php/ بتكÆةÃتكملا /item/1488-- مالسإلا - فاصنإ - ±ÊËب - ةأرملا

ةعمج-²̧ع-د-أ-رخألا-تاهبشو 430 Quran An-Nahl 16:58:59, accessed at http://quran.com/16

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she camels are neglected, And when the wild beasts are gathered, And

when the seas are filled with flame, And when the souls are paired, And

when the girl [who was] buried alive is asked, For what sin she was

killed”431

Therefore, with the advance of Islam, it became evident through The Holy Quran

as well as the hadiths of prophet Muhammed that Islam came with many regulations on

women’s rights in marriage, divorce, inheritance as well as other human rights. It also

prohibited many discriminatory social customs against women that existed in pre-Islamic

periods. In examining many of the sources which spoke about women’s situation

according to Islam, I found many materials which proves how Islam inscribed for women

several rights.432 Sheikh Ali Gomaa Mohamed, for instance, explained that the Quranic

texts which honored women were divided into two categories; those which equate

between men and women in terms of mandates, rights and duties and those which

requested more protection for women.433 Given the fact that FGM is related to the concept

of marriage and the female body in general, I will provide an overview on marriage in

Islam.

4.2.1. Body, Marriage and Family

Implicated in premarital sexual relations is forbidden in Islam in what is known in

Arabic as (haram) and thus marriage is encouraged according to the Islamic Sharia. A

431Quran Retrieved from http://quran.com/81/1-6 432 See for instance Goma, A. A. (2014).Eliminating all forms of violence and discrimination against women, Al Waraa Institution Publications. Aldin, S.S. (2005). Women between customs and religion. Al Mahrousa Publications. Cairo. Binalia,B. (2017). Legal mechanisms to combat violence against women, Al Wafaa Publications, Alexandria, Al ANjar, A. (2012). Political rights of women in Islamic legislation, National Council for Women Publications. 433 ibid

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marriage contract had been described in the Quran as a “solemn covenant” as mentioned

in Surat Al-Nisa which literally means “women”.434 The marriage contract is not regarded

in religion as a mere contract between two parties but rather is considered superior to any

other contracts and is governed by certain Quranic standards and laws.435 Marriage,

according to the Islamic Sharia should be organized by rules and by certain conditions

which organize the relation between two spouses, including the duties and rights of each

of them. Fatouh, Elchazli in his Women's Personal Status Rights: Marriage Rules from

the legal Perspectives, spoke about those conditions. The condition of ‘mutual consent’,

as he explained, is considered one of the main requests of marriage. This consent refers

to the acceptance of both spouses of such marriage and their indication of such acceptance

to their registrar or to their proxy. He added that according to the Hanafite School of

Islamic Jurisprudence, mutual consent is “the main pillar of marriage.”436 Marriages in

Islam also include the concept of the dower (mahr) which refers to a sum of money

presented to a spouse by her husband according to Quranic verse named Suraa Nisaa

which says “And give the women [on marriage] their dower as a free gift”437

In his Women’s Issues between Stagnant Traditions and Expatriate Traditions, Al

Ghazali refuted the mainstream notion which understand marriage as only based on the

sexual satisfaction of the body. And stressed that marriage should not only depend on

admiring the physical aspects of a woman, on the contrary it should be based on

tranquility, mercy and good social morals within the principles of Islamic principles.438

434 Quran surah al-Nisa available at https://quran.com/4/21 435 Don S. Browning, M. Christian Green, and John Witte (1893): Sex, Marriage, and Family in World Religions. Colombia University Press. New York.Pp166

436 Elchazli, Fatouh (2012): Women's Personal Status Rights: Marriage Rules from the legal Perspectives, National Council for Women Publications, Cairo 437 Quran surah Nisaa 438 Al-Ghazali, M. (2013). Women’s’ Issues between Stagnant Traditions and Expatriate Traditions, Cairo: Dar Al Shorroq Publication. Translation of the title is my own translation. Its original Arabic name is ( ایاضق

هدفاولاو هدكارلا دیلاقتلا نیب ةأرملا ).P114

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This could be seen in the Quranic verse which says “He created for you from yourselves

mates that you may find tranquillity in them; and He placed between you affection and

mercy.”439 It is worth mentioning that before Islam, several types of marriages existed.

One of the writers who spoke about those types was Fatima Mernissi. In her book Beyond

the Veil: Male-Female Dynamics in Muslim Society, Mernissi speaks about the types of

marriages existed before Islam in pre-Islamic period. In her description, she speaks about

four types of marriages or sexual unions existed according to Bukhari. These four types

are described as follows;

1. A type where a man marries off his daughter to another man who offers her a

dowry

2. A type known as Nikah al-Istibada in which a man who seeks a child allows his

wife intercourse to have sexual intercourse with another during which period her

husband avoids having sexual intercourse with her till it is proved that she became

pregnant and then he resumes his sexual life with his wife.

3. The third type in which a group of men visited a woman for sexual intercourse

and after pregnancy and childbirth she named the men she had intercourse with and

named one of them to be the father of her child. No objection on attaching the child

to him can be made.

4. The fourth type was related to the prostitutes who raised signs on their tents

indicating the possibility of entrance to any men if he so desired. If the woman gave

birth to a child, they call upon all men that had sexual intercourse with her and

attach the child to the man who most resembles the child.440

439Quran, Surat Ar-Rum. Retrieved from https://quran.com/30/21 440Fatima M.(1975): Beyond the Veil: Male-Female Dynamics in Muslim Society. Indiana University Press.Pp75-76

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Nonetheless, with the advent of Islam, marriage had been redefined and regulated

with several conditions as mentioned above. In her Women and the Question of Polygamy

in Islam, H.A. Jawad explained that Islam also restricted the practice of polygamy since

it “prescribed monogamy as an ideal form of marriage” and only permitted polygamy

under certain circumstances. Before the advent of Islam, Polygamy was a widespread

phenomenon in ancient times and was practiced among several nations including it was

known among the Jews. It was a social custom in pre-Islamic Arabia that allowed males

of the tribes to marry an unlimited number of wives. The qur’anic verse regarding

polygamy was revealed to the Prophet after the known battle of Uhud where many male

warriors were killed leaving behind them lot of widows. Thus, polygamy was restricted,

and men were permitted to marry up to four wives under a very strict condition that there

should be treated in an equal manner, a condition which is hard to fulfil. The

permissibility of polygamy, as mentions Jawad, was initially given according to the

qur’anic verse with the aim of protecting widows and orphans.441 The Quranic stance

regarding polygamy was clear through two verses of the Quran that equality in treatment

is an essential requirement in polygamous marriages. The Quran states that if a man fears

injustice then he should marry only one as follows:

And if you fear that you will not deal justly with the orphan girls, then marry

those that please you of [other] women, two or three or four. But if you fear

that you will not be just, then [marry only] one or those your right hand

possesses. That is more suitable that you may not incline [to injustice].442

441 Jawad, H. A. (1991). Women and the question of polygamy in Islam. Islamic Quarterly, 35(3), 181. 442 Quran Surah Al- Nisaa. Quran available https://quran.com/4/3

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Islam also regulated the issue of divorce according to what was mentioned in the

Quran and the Sunnah in a way to protect women from any form of discrimination. This

regulation was clearly mentioned in the qur’anic verse named Surat al-Baqara in which

a man was requested to treat his wife in a dignified manner and to release her, in case of

divorce, without causing her harm. The verse says “And when you divorce women and

they have [nearly] fulfilled their term, either retain them according to acceptable terms or

release them according to acceptable terms, and do not keep them, intending harm, to

transgress [against them].443 As for the Sunnah, it also mentioned women’s right in

divorce, if requested, in good terms. According to Muhammed Al Ghazali, who quoted a

religious source, he highlighted a story of a woman named Jamila Bint Aws who came to

Prophet Muhammed informing him about her hatred of her husband. She expressed her

inability to continue living with him to the Prophet who then asked her if she could accept

returning the dower to her husband, and upon approval, the prophet ordered the husband

to divorce her.444

In his comment on the claim that Islam insulted a woman by allowing her beating,

Ali Gomaa explained that during the time of The Prophet Mohamed many women went

to complain their situation in which they witnessed beating from their husbands the matter

which angered the prophet. Gomaa then added that the Prophet never used physical

violence with any of his wives.445

443 Quran Surah Al-Baqarah availabe at https://quran.com/2/231 444 Al-Ghazali, M. (2013). Women’s’ Issues between Stagnant Traditions and Expatriate Traditions, Cairo: Dar Al Shorroq Publication. Translation of the title is my own translation. Its original Arabic name is ( ا¿اضق

ەدفاولاو ەد×ارلا د¢لاقتلا ±ÊËب ةأرملا ). p73 445Gomaa, A. (2016) There are those who repeat that Islam insulted women that the man was allowed to hit her, so what is the truth? Retrieved from DrAliGomaa website https://www.draligomaa.com/index.php/ ةÜأو-عمتجمÆىواتفلا /item/1974- -ةأرملا-ناهأ-مالسإلا-نأ-ددري-نم-كانه

ßلجرلل-حمس-نأ-ß�±â؟لوقلا-كلذ-ةق¢قح-امف-،اهــ

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The word ‘beating’ in the language of the Arabs has several meanings, depending

on the context in which it is used.446 Islamic jurists say that beating is allowed in only one

case in a marital relationship in what is named as Nushuz which is a status in which a wife

refuses to perform her duties. However, this license given to men was restricted by certain

conditions that must be met. These conditions consist in providing preaching to the wife,

then abandoning her in bed and third beating. They explain that beating should not be a

severe beating but should be beating by toothpick (alsawak) to show a wife her mistake.

They explain that the aim behind beating is to only fix her behavior and not to punish her.

Beating in their opinion was only limited to the wife which was described as being

Nashez. On the other hand, as shows the study, a different opinion regarding beating a

wife reflect that according to the meaning of the word in Arabic language, it refers to

leaving the marital house and abandoning the wife. This opinion was based on analyzing

the verse of the Quran which honored women and gave them the right to Khul which is

an evidence that the Islamic Sharia did not want any pain or harm to women.447

It is worth mentioning that one of the main issues that appears as a discrimination

or inequality to some is the issue of inheritance. However, inheritance in Islam is guided

by certain rules as mentioned in the Quran. Those norms on inheritance differ in each

single case and affects the portion of inheritance regardless of the sex. The division of

inheritance was mentioned in verses of Surat al-Nisaa of the Quran. Sallem Abdel-jalil

says that a woman inheriting half of the share is not a fixed rule in Islam for all cases of

inheritance between males and females. But rather, it is applied only in certain and

446Zakariyah, H. (2018) The Man's Power to Beat His Unpredictable Wife: A Critical Study of the Book of Beating the Woman by Abdul Hamid Abi Suleiman. Al-Qanatir: International Journal of Islamic Studies. Vol 10. No.1 April issue (2018). Retrieved from https://al-qanatir.com/index.php/qanatir/article/view/5/5 Original title in Arabic: ²́± لجرلا ةطلس è±انلا هتجوز بÜê±: ل ة¿دقن ةساردëبات è±عل ةأرملا بÃأ د¢محلا دìí² نام¢لس . 447Z Zakariyah, H. (2018) The Man's Power to Beat His Unpredictable Wife: A Critical Study of the Book of Beating the Woman by Abdul Hamid Abi Suleiman. Al-Qanatir: International Journal of Islamic Studies. Vol 10. No.1 April issue (2018). Retrieved from https://al-qanatir.com/index.php/qanatir/article/view/5/5 Original title in Arabic: ²́± لجرلا ةطلس è±انلا هتجوز بÜê±: ل ة¿دقن ةساردëبات è±عل ةأرملا بÃأ د¢محلا دìí² نام¢لس .

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particular cases of inheritance. He explained that this is limited to only four cases. He

further explained that a male on inheriting his share he is obliged to spend from it on his

family and on himself, while a female is not obliged to spend any of her own share since

it is her own money. In one example he mentioned, he says if a woman dies and she has

a daughter, a husband and her mother and father are alive. Her husband inherits quarter

of what she left, her daughter inherits half of what she left, both grandparents inherit the

sixth of what she left. In this case for example, Abdel-Jalil explains that a female inherits

double the portion of a male (daughter and father), and a female inherits exactly the same

portion of a male (grandmother and grandfather) and a female inherits more than the half

of a male (daughter and grandfather).448

Islam also required the protection of children, in 2005, a jointly published manual

by Al-Azhar University and UNICEF named ''Children in Islam'' tackled important issues

concerning children. The ‘children in Islam’ highlights how Islam stresses on the

importance of protecting children (including girls) starting from their early stages. During

pregnancy, women have the choice of not fastening during the Holy Month of Ramadan

to provide adequate nutrition for her fetus.449

4.2.2. Equality in Islam: Each responsible for own deeds

Ali Gomaa cited verses of Quran which defended his argument that humans were

treated in an equal manner each of which, regardless of being a man or a woman. Each

human being where male or female was created responsible of his or her own deeds. He

quoted verse [40:40] which says: “Whoever does an evil deed will not be recompensed

448 National Council of Women: Al Shobha Alaty Tothar Hawl Mawkif al-Sahrea al-Islamiya Min al-Maraa. Accessed at: http://ncw.gov.eg/ar/ 449UNIECF (2005). Children in Islam. Retrieved from http://www.unicef.org/egypt/Egy-ChildinIslam.pdf

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except by the like thereof; but whoever does righteousness, whether male or female, while

he is a believer- those will enter Paradise, being given provision therein without account.”

And verse [3:195] which says: “And their Lord responded to them, “Never will I allow

to be lost the work of [any] worker among you, whether male or female; you are of one

another.”450

This sheikh then wrote that Islam equated between men and women in choosing

their spouse with no obligation from parents adding that the role of parents is to provide

advice and guidance with no compel on children whether male or female to accept a

marriage against their choice. He further explained that forcing a daughter to marry

someone whom she does not want is forbidden in Islam and an infringement on her rights

since she has the freedom to accept - or return - whoever comes to propose to her. He

added that a father or a guardian has no right to compel his daughter to a marital life based

on coercion which is in contradiction to the qur’anic rule of marriage which states that

marriage should be based on mercy and affection between the spouses.451

As Islam gave a woman the right to choose her husband, as Gomaa put it, Islam

granted her the choice to stay with him or to separate herself if the marital relation

between them worsened in a way no reconciliation could be reached and for this divorce

was permitted in Islam in the interest of both women and men.452

According to Gomaa explanation on the issue of women’s right in divorce he says that

the Islamic legislation gave a woman the right to end a marital relationship as it gave this

450 G. Mohamed, Ali. Women between Islam and the suspicions of the other. Retrieved from https://www.draligomaa.com/index.php/ بتكÆةÃتكملا /item/1488- -د-أ-رخألا-تاهبشو-مالسإلا-فاصنإ-±ÊËب-ةأرملا

ةعمج-²̧ع 451G. Mohamed, Ali. Does Islam give the father the right to compel his daughter to marry whom she does not want? Is it for women in Islam to end the marital relationship or whether this is a man’s right -Alone? Retrieved from DrAliGomaa website https://www.draligomaa.com/index.php/ ةÜأو-عمتجمÆىواتفلا /item/1976- -²́±-دلاولل-قحلا-مالسإلا-î²ع¿-له

؟-ەدحو-لجرلل-قح-اذه-نأ-مأ-ة¢جوزلا-ةقالعلا-ءاهنإ-مالسإلا-²́±-ةأرملل-لهو-؟د �ت-ال-نم-جاوز-¸ع-هتðبا-راÃجإ 452 ibid

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right to a man. A marital relationship could be ended by a woman in three forms; a woman

has the right to stipulate in her marriage contract that she could divorce herself at anytime

she wishes as if the husband was the one who divorced her, she also has the right to ask

a judge for a separation between her and her husband if she suffers a certain damage from

him, or she has the right to divorce (takhtalie) with no reason to end the marital

relationship.453

Abdullah Mubarak Al-Najar, working as Professor and Head of Private Law

Department, Faculty of Law and Law, Al-Azhar University in his booklet ‘Islamic law

and some societal issues’ published by the National Council of Women Egypt, explained

the Islamic position from the use of violence against women including the topic of FGM.

Al Najar pointed out that violence against women is prohibited in the relationship of men

to women quoting verses from the Quran which speak about the equality of rights granted

to both sexes. And he added that the degree daraja mentioned in the Quranic verses refer

to the responsibility which men have towards women.454

And on the matter of protection of rights, meanwhile, the second category Gomaa

explains that those verses addressed men to provide women with rights in different

circumstances, we see him quoting, for example, verse [4:19] which says: “And live with

them in kindness.” And in a case of divorce verse [2:236] instructs men to “give them [a

gift of] compensation - the wealthy according to his capability and the poor according to

his capability - a provision according to what is acceptable, a duty upon the doers of

good.” And in verse [2:229] instructs a husband to “either keep [her] in an acceptable

453G. Mohamed, Ali. Does Islam give the father the right to compel his daughter to marry whom she does not want? Is it for women in Islam to end the marital relationship or whether this is a man’s right -Alone? Retrieved from DrAliGomaa website https://www.draligomaa.com/index.php/ ةÜأو-عمتجمÆىواتفلا /item/1976- -²́±-دلاولل-قحلا-مالسإلا-î²ع¿-له-؟ ەدحو - لجرلل - قح - اذه - نأ - مأ - ة¢جوزلا - ةقالعلا - ءاهنإ - مالسإلا - ±́

² - ةأرملل - لهو - ؟د �ت -ال- نم - جاوز - ¸ع - هتðبا - راÃج إ454National Council for women. (2013). Islamic law and some societal issues. National Council for Women Publications

161

manner or release [her] with good treatment”. Furthermore, Gomaa strengthened his view

by adding that not only honoring women is mentioned in Quran, but also in Sunnah.

Similarly, he cited several hadiths in which prophet Muhammed addressed men in various

situations and instructed them to well treat women.455 The prophet’s emphasis on the

good treatment of women in his hadiths included all women either a mother, a daughter

or a wife. Among those hadiths, just to mention few, the one which says: “The most

excellent among you in faith, is the most virtuous of you; and the most virtuous of you is

the one who treats his wife best”.456 In another hadith, he says: “God has forbidden you

from disobeying your mothers, from burying newborn daughters alive, from not

honouring the rights and debts that have been incurred.”457 The prophet himself was a

role model in showing respect to women through the kind treatment for his wives and this

appeared in a quoted story of his wife Aisha who mentioned that Prophet had never beaten

or hit any of his wives.458

The idea of equality between men and women is mentioned in many verses of the

Quran. In the holy Quran, God the creator in Surat At-Tin, for example, mentioned that

he created the human being in the best form and best creation as follows “Certainly we

have created the human(soul) in a calendar of perfection (so that it can turn to be the best

in a period of time by doing the soul’s cleansing and purification’.459 Mohammed

Al/Khayat, for instance, returned to the text of the hadith to show that Islam equate

between men and women in seeking knowledge. He quoted the prophetic hadith which

455 G. Mohamed, Ali: Women between Islam and the suspicions of the other. Retrieved from https://www.draligomaa.com/index.php/ بتكÆةÃتكملا /item/1488- -د-أ-رخألا-تاهبشو-مالسإلا-فاصنإ-±ÊËب-ةأرملا

ةعمج - ²̧ ع456 Hadith cited in Budak, A & Altay, K. (2013): 40 Hadiths: Translation & commentary. Tughra Books. USA. Pp116 457 ibid 458 See Muhammed, Abdel Rahim (2011). The Prophet’s wives, children, and grandchildren. Dar al Turath Publications, Cairo. p362. Original title in Arabic هدافحاو ھئانباو لوسرلا تاجوز 459 Quran Surah At-Tin

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said that seeking knowledge is obligatory for a Muslim. And by a Muslim here it refers

to both males and females with no distinction.460 In his arguments regarding the idea of

equality, Al-Ghazali, also quoted verses of the Quran in which equality regarding matters

of human behavior and actions is clearly mentioned. Al-Ghazali says that despite this

equality clearly mentioned in the verses of the holy Quran, some people “twist words”

from their original meaning with the aim of depriving women from such rights dictated

by Islam.461

Departing from this perspective of twisting words from the original meaning, it

could be noted that in social aspects of women life, women had become victims to many

social practices which turned them to victims of violence as a consequence. According to

Islam, for instance, Muslim women are requested to cover their hair and body leaving

hands and face uncovered. Yet conservative and radical thinking obliged women for

several decades to cover their face and to be secluded from the public domain. As I

mentioned in chapter 1, women were kept in isolation for decades as a result of strict

understanding of religion till the calls of emancipation by Qasim Amin and feminists who

defended that women’s seclusion was not an ordain of Islam. This matter occurs in several

contexts and in different historical periods. They consider women as the most vulnerable

group of society to enforce on them the strict and radical ideas. We saw it also as

mentioned in chapter 2 during the revival of the Islamists in 2012 when strict

interpretations of religion aimed at reviving certain practices against women as the

practice of female circumcision.

460AlKhayat, Mohammed (2007) Muslim women and issues of the times, Safir Alduwaliih Lilnashr Publications.Cairo Pp38-39 461 Al-Ghazali, M. (2013). Women’s’ Issues between Stagnant Traditions and Expatriate Traditions, Cairo: Dar Al Shorroq Publication. Translation of the title is my own translation. Its original Arabic name is ( ایاضق

هدفاولاو هدكارلا دیلاقتلا نیب ةأرملا ). Pp39-46

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4.3.Female genital mutilation: a mandatory religious act or imposed on religion

According to a study published by The National Council for Childhood and Motherhood,

the Egyptians practiced female circumcision in historical periods prior to the existence of

monotheistic religions; Judaism, Christianity, and Islam. This is reflected, as indicates the

study, from the existence of a papyrus belonging to the Greek era dating back to the year

163 BC archived in the British Museum which contains a conversation of a woman who

planned to circumcise her daughter to prepare her to marriage. The same study added that

the Egyptians kept with the practice despite of their adoption of Christianity in the first

century and of Islam in the seventh century. 462 In spite of the fact that FGM in the

Egyptian society has been performed on both Muslims and Christians, yet, the practice is

associated with Islam. Therefore, the practice had raised controversy

and aroused a polemical debate among scholars and religious leaders on whether to

consider it Islamic or not Islamic. Defenders of the practice consider it a religious duty

known as “circumcision” while the opponents refuse this opinion and regard it a

“mutilation” of the female body. This disagreement between religious jurists is a clear

manifestation of the controversary which has surrounded FGM till the present day.

Historically, since the beginning of the twentieth century there have been some

legal religious fatwas from senior Islamic scholars such as Sheikh Rashid Reda who

tackled the issue of female circumcision saying that it was not a religious obligation and

that there was no sin for those who do not perform it.463 The debate initially started in

Egypt in 1904 in Al-Manar magazine in which its founder Sheikh Rashid Reda tackled

the matter of whether female circumcision obligatory ‘wajib’ or Sunnah in Islam. After

462 Retived from http://nccm.gov.eg/wp-content/uploads/2019/07/ ثانإلا - ناتخو - مالعإلا .pdf 463ibid

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several years, and in particular in 1951, the same question was raised when a religious

opinion was requested by the Egyptian Minister of Health from sheikh Mahmoud

Shaltout, a senior member in Al-Azhar Institution. He provided the religious opinion on

the matter which was published on 28 May 1951 in Al-Ahzar magazine. In his reply, he

clarified that as a general rule in the Islamic Sharia; whenever a certain matter is proven

to result into moral or physical damage, it should be prohibited to avoid such damage and

until this damage could be proven in the issue of female circumcision, he confessed that

as a religious opinion female circumcision is not a religious obligation nor Sunnah

according to the Islamic Sharia.464

This disagreement in religious opinions appeared once more during the final decade

of the twentieth century. It was during the celebration of the International Conference on

Population and Development (ICPD) in which religious leaders have adopted two

opposing stances regarding the linkage of FGM to Islam. Their ideas had been crystalized

during the period of the conference in which a confrontational debate existed between the

shaykh al-Azhar during that time and the Chief Mufti of al-Azhar on the issue. The former

declared FGM a religious duty while the latter, issued a religious opinion known in Arabic

as “fatwa” declaring the practice to be non-Islamic. Before a variety of prevailed religious

opinions on the matter of female circumcision which entails in our minds several

questions on the authentic reality of the practice, and to unfold the truth, it is necessary

to start with dealing with each of those opinions on FGM.

464 Gomaa, A. (2007, August 6). Female circumcision retrieved from ahram newspaper

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4.3.1. A mandatory practice in the name of religion

Proponents of the practice, who are often radical religious jurists, were adamant to

consider the practice a religious obligation for all Muslim girls. For those defenders, they

insist that the procedure is necessary since girls possess enormous sexual desires and

therefore, they must be contained.465 Proponents of female circumcision advocate for the

idea that female circumcision leads to “calming the eruption of lust” as described by some

jurists. In defending their point of view, without providing any medical evidence on what

they advocate, we find them explaining that a circumcised woman, for example, is more

moderate in her intimate relation with her husband than the uncircumcised woman whom

they describe as having excessive lust in her sexual intercourse. They added that girls

who do not undergo circumcision in an early age grow up with an aggressive attitude in

her teenage.466 They based their arguments, on three prophetic traditions hadiths, among

them the one in which Prophet Muhammad, enjoined a female circumciser named Om

Attiya not to exaggerate in cutting the external genitals.467 In this mentioned hadith, the

prophet was quoted saying “O Om Attiyah, when you do circumcise, restrict yourself to

cut a minute part and do not excise. That will be far more pleasant for the wife and

satisfying for the husband.”468 The second hadith highlights the importance of the process

of abolition after the coitus by referring to the sexual intercourse as ‘the touching of the

two circumcisions’. This led to the assumption that both female and male sexual organs

are taken for granted to be circumcised. The third hadith, however, described the act of

465 Circumcision controls women’s sex common sense, A BBC interview with one of the advocates of FGM accessed at: http://www.bbc.com/news/av/world-africa-22958512/circumcision-controls-women-s-sex-common-sense-sheikh-yussef-al-badri 466 Hassan, A.M.A. (2011). The rule of circumcision in Islamic law and law and the opinion of medicine in it. Retrieved from https://www.iasj.net/iasj?func=fulltext&aId=47428 467 Jawad, H. (1998). The rights of women in Islam: An authentic approach. Springer. 468 ibid

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circumcision as a “noble deed” for a Muslim woman. Berkey resumes the above-

mentioned hadiths as follows:

“In the absence of an explicit Quranic statement, discussions of female

excision by the Islamic jurists began with those hadiths which deal

specifically with the issue. Generally, these traditions fall into one of three

categories, the first of which includes those enjoining ablutions after sex. The

second category includes a hadith in which Umm Atiya al-Ansariyya reports

that the prophet enjoined a khatina (female circumciser) in Medina: “Do not

destroy it completely … In the third category is an important tradition in the

Musnad of Ibn Hanbal (d.855), which described circumcision as Sunna for

men and a “noble deed” (makruma) for women, and which reappeared

frequently in later juristic literature.”469

Nonetheless, contrary to the above-mentioned opinions in favor of FGM, many

questioned the validity of these ahadiths. Many scholars highlight that each of those is

either considered poor on authenticity or is lacking the degree of authenticity as indicated

by several Islamic scholar who stress that the chain of transmitters is not considered

strong and were reported by unknown transmitters.470 Considering those ahadiths as weak

is a decision affirmed by multiple scholars. This decision was taken after a serious of

discussions held in Egypt inside al-Azhar University in Cairo in 1998 with the

participation of Islamic scholars from 35 Muslim countries. This conclusion was adopted

469 Berkey, J. P. (1996). Circumcision circumscribed: Female excision and cultural accommodation in the medieval Near East. International Journal of Middle East Studies, 28(1), 19-38. http://www.jstor.org/stable/176113. 470 World Health Organization. (1996). Islamic ruling on male and female circumcision. Accessed at: https://apps.who.int/iris/handle/10665/119559

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since no “unanimous consent on FGM/C” by jurists had been reached. There was no

mention in the Holy Quran neither there was any citation in “Prophet Muhammad’s

Hadith containing any evidence of authentic isnad (chain of narration) that could justify

a sharia provision” on the matter of FGM/C. Further, their decision was based on the fact

that the principles of the Islamic Sharia, indicate that any act which has been proved to

be harmful to humans’ health or morals should be prevented to avoid such harm. This

principle was based on the sayings of prophet Muhammed “There should be neither

harming nor reciprocating harm”. Hence, according to these principles, they rejected to

accept FGM as a religious duty since it inflicts harm on girl’s body and since it is based

on Hadiths that were not announced authentic.471 Further, it was said that in old ancient

Muslim communities the term son of the cutter of the clitoris was used as an expression

of contempt to call a man as indicated some narrations.472

4.3.2 A custom with no religious basis

In discussion of female circumcision, from a religious point view, we find many written

sources which present an opposite religious view on the matter. The opponents of FGM

vigorously opposed the above-mentioned claim, arguing that FGM is a habit which

clearly violates the Islamic principles. They rejected the adopted religious value given to

FGM and refused to assume it as a religious deed. They explained that this mutilation of

the female body is contradictory to Islam and its teachings which prohibits any harm to

the human body. For them, the procedure is a mere habit which “is not required by

471 Serour, G. I., & Ragab, A. (2013). Female Circumcision: Between the Incorrect Use of Science and the Misunderstood Doctrine. Retrieved from UNICEF website https://www.unicef.org/cbsc/files/Final_English_FGM_summary.pdf 472Berkey, J. P. (1996). Circumcision circumscribed: Female excision and cultural accommodation in the medieval Near East. International Journal of Middle East Studies, 28(1), 19-38. http://www.jstor.org/stable/176113.

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Islam”473 In exploring some of the views of this group, we find, for instance, Amna

Nusseir, the former Dean of Faculty of Islamic Studies, Al-Azhar University, confirming

that FGM is not a religious matter. In her Al Manzour al Islami Li Kadiyat Monahadit

Khitan Al Inas, for instance, she highlighted that it is often difficult to discuss female

circumcision in isolation from the general conditions surrounded women and the cultural

heritage of ancient civilizations such as the Greek, Romans and the Arabs during the

Jahiliya period. She adopted the view which Gomaa expressed in a previous section that

women were besieged by injustice and humiliation till the advent of Islam. She explained

that despite the clarity of the position of Islamic law from women, cultural legacies

inherited from older times remained in control in matters related to women and moreover,

the religious perspective is used to enforce those inherited legacies a matter which appears

in FGM474 Nusseir then stressed on the same notion which other religious scholars tackled

that Islam consider men and women as human beings who have rights and duties with no

privilege based on the sex. And based her arguments on a qur’anic verse which say “O

mankind, indeed We have created you from male and female and made you peoples and

tribes that you may know one another. Indeed, the most noble of you in the sight of Allah

is the most righteous of you. Indeed, Allah is Knowing and Acquainted.”475

In providing her religious opinion on the matter of FGM, Amna Nusseir wrote that

the clear truth of the aforementioned hadiths attributed to the Prophet Mohammed is that

they do not have a single evidence of authenticity as concluded the views of some of the

old and contemporaries scholars and specialists in the area of sources of Sunnah. Further,

she added that in case of assuming the validity of the above-mentioned hadiths, the

473 United States Department of State. (2001). Egypt: Report on Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) Retrieved from www.refworld.org/docid/46d57876c.html 474 Nusseir, A. (2012). Islamic Perspective Against Female Genital Mutilation, National Council for Women Publications, Cairo 475 ibidem

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prophet could have said that circumcision is sunnah and then it would have been a general

legislation to which Muslims adhere. Nusseir concludes her ideas by asserting that

circumcision in all forms which take place either in Egypt or in other parts of the world

has nothing to do with religion and is totally rejected. She also elaborated her opinion by

saying that the tendency of man and woman for sexual satisfaction is a natural demand

and the role of religion in that case is not resistance of this nature, but its role is the

organization of this satisfaction to be in the circle of Halal or what is religiously accepted.

In what she refers to be under a wedlock. She added that Islam respects women’s feelings

and the Quran is keen that women get their legitimate right to sexual enjoyment and

pleasure as men do and explained that the Quranic verse number (2:223) which speaks

about this issue contained an indication to this right of women. Nusseir added that also

the Sunnah included a reference to this matter on the importance of women’s sexual

pleasure as mentioned in the prophetic hadiths which instruct a man to ensure his wife’s

satisfaction during the sexual intercourse.476

For this, Nusseir believes that circumcision is one of the bad habits that was

inherited from old ages which is totally rejected according to the divine law. Moreover,

in her response to the claims that circumcision is necessary for maintaining chastity and

purity of girls, she replied to those claims saying that Chastity preservation and the

prevention of what God forbid among people, as she puts it, could not be guaranteed by

mutilating a girl’s organs, but rather, they could be preserved by good education of

morals. Further, FGM could be included under the ideology of changing God’s creation,

according to Nusseir, a prohibited matter under Islamic Sharia. Therefore combating it is

considered a religious obligation for every person who can.477 This fact is highlighted by

476 Nusseir, A. (2012). Islamic Perspective Against Female Genital Mutilation, National Council for Women Publications, Cairo 477 ibidem

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Hussein A. Gezairy who wrote that “God created human beings in the best mold and

wanted them to keep the nature in which they were created, forbidding them to make any

changes in God’s creation. Such a change, as God makes clear, would be an atrocity

inspired by devil.”478

To further explain the views of several Muslim jurists who were involved in

clarifying the relation of FGM to Islam, the former Grand Mufti of Al Azhar Sheikh Ali

Gomaa issued fatwas declaring female circumcision as a matter “not required by

Islam”.479 In 2007, Gomaa announcing FGM/C to be a social custom and even a disaster

that affects girls and further insisted that such tradition has no religious basis. This fatwa

has been reflected also through a declaration issued by Al-Azhar Supreme Council of

Islamic Research, the highest religious authority inside Egypt. In a statement, it

announced that this practice “has no basis in core Islamic law or any of its partial

provisions and explained that it is harmful and should not be practiced.”480 Moreover,

recently, Dar Alifta in several occasions confirmed this previous opinion which rejected

the notion that FGM is a religious deed. In one of its press release 2016, Dar Alifta

described the practice as an issue performed “due to customs, traditions and popular

legacies” highlighting that the evidence that circumcision is not obligatory for women is

that the Prophet did not circumcise his daughters.481 Further, in 2019 Dar Alifta

reaffirmed its previous opinion which had stated that female circumcision is only a

478 World Health Organization, Regional Office for the Eastern Mediterranean. (1996). Islamic ruling on male and female circumcision. Retrieved from https://apps.who.int/iris/handle/10665/119559 479 United States Department of State. (2001). Egypt: Report on Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) Retrieved from www.refworld.org/docid/46d57876c.html 480 UNICEF. (2007). Fresh progress toward the elimination of female genital mutilation and cutting in Egypt. News Release. 481 Dar Al Iftaa (2016). Female genital mutilation is against Sharia and law. Retrieved from https://www.dar-alifta.org/AR/Viewstatement.aspx?sec=media&ID=4006

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custom and criticized those who promote this harmful habit in the name of religion

emphasizing the sanctity of FGM and considering it an assault on women 482

To conclude, FGM is not required by Islam, a conclusion has been reached by the

majority of Muslim scholars who agreed that “female circumcision is neither required nor

is it an obligation nor a Sunna.”483 Moreover, there is some evidence that Islam instructed

each husband to satisfy his wife sexually and to treat her in a dignified manner. Yet, it

has been associated with Islam and performed on women in an attempt of controlling

women’s sexuality by limiting their sex drive or, more precisely, by limiting the physical

pleasure which they can receive from sexual intercourse”484 Islam did not request

women’s control of sexuality in such kind of practices, but rather dictated norms to be

followed to both male and female, Islam is a religion of justice, that recognized and

organized women’s rights in the verses of Quran and the hadiths of prophet Muhammed

before the appearance of human rights organizations and international agreements on

women’s rights. However, the real cause of such situation lies, as noted in the previous

chapter, in the inequality and the relation of power that exists between men and women

as a result of gender stereotypes. FGM persists in the society due to social construction

of gender and stereotypes which reproduce a system of male-domination and female-

exploitation in which illiteracy plays a great role in keeping with this system.

We could link the matter to western explication of the relation between men and

women to get a better insight. In that light, Western theory of Patriarchy which govern

male/female relations is linked to the conviction that women’s biology is the main

482 Dar Al Iftaa (2019). On the International Day for the Rejection of Female Genital Mutilation .. Dar Al Iftaa affirms the sanctity of circumcision and considers it an attack on women. Retrieved from https://www.dar-alifta.org/ar/Viewstatement.aspx?sec=media&ID=6316 483 World Health Organization. (1996). Islamic ruling on male and female circumcision. Retrieved from https://apps.who.int/iris/handle/10665/119559 484Berkey, J. P. (1996). Circumcision circumscribed: Female excision and cultural accommodation in the medieval Near East. International Journal of Middle East Studies, 28(1), 19-38. http://www.jstor.org/stable/176113.

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justification of their subordination to men.485 But why does this concept of inequality

exist and why do women are often subordinated and victims of violence? This question

occupied the thinking of many feminists and academic social scientists who questioned

the reasons of such inequality between men and women. On this subject Sherry Ortner,

for instance, in examining the secondary status of women provided us with an explanation

of that situation. She highlighted that since women were regarded as inferior to men in

every culture, it was mistakenly assumed, that female inferiority was a result of the

“biological determinism” in which men were considered the “naturally dominant sex”.

Nonetheless, Ortner rejected such “genetic determinism” and refuted women’s inferiority

on biological reasons. In rejecting values attributed to male superiority versus female

inferiority, Ortner provided us with a possible explanation of “the universal fact of female

devaluation”. According to her point of view, a woman as a result of “natural procreative

functions” in her body was often associated with nature which was always regarded

inferior to culture. She elaborated such idea as follows:

“Woman could be accounted for, quite simply, by postulating that woman is

being identified with, or symbolically associated with, nature, as opposed to

man, who is identified with culture. Since it is always culture’s project to

subsume and transcend nature, if woman is a part of nature, then culture

would find it “natural” to subordinate, not to say oppress, her. While this

argument could be shown to have considerable force, it also seems to over-

simplify the case. The formulation I would like to defend and elaborate on,

then, is that women are seen “merely” as being closer to nature than men.”486

485 Lerner, G., & Tusell, M. (1990). La creación del patriarcado (pp. 34-36). Barcelona: Crítica. 486 Ortner, S. B. (1972). Is female to male as nature is to culture? Feminist studies, 1(2), 5-31.

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This notion regarding woman’s body, as admits Ortner, “has been anticipated”

before by de Beauvoir’s argument that a woman was always placed in a “stigmatized

state” in society where her activities was restricted due to her physiology. It was,

therefore, assumed that a woman’s body which link her to nature and her reproductive

functions that reproduce perishable human beings were placed in contrast with men who

create “relatively lasting, eternal, transcendent objects”. However, Ortner explains that

women might seem closer to nature because of her physiological functions, she asserts

that “women cannot be consigned fully to the category of nature” as she is a human being

with consciousness exactly like a man. Ortner stressed that women’s appearance to be

closer to nature is a cultural product and not a ‘given nature’ and insisted that both men

and woman have consciousness.487 The idea of female inferiority based on the female sex

provides us with a perfect example of how Social construction of gender, and not the

biological sex, as highlights Henrietta Moore, associate features of superiority or power

to men and inferiority or weakness to women.488 It has been highlighted that women´s

oppression has been attributed to society and not biology nor to the physiological

differences between men and women. The cultural construction of masculinity and

femininity consider a man as a subject and agent of society, while a woman as an object

or other.489 Therefore, human activities are to be measured according to male members

of society in which all aspects attributed to maleness are to be the measuring scale.490

Cultural construction of gender uses notions of femaleness and maleness related to

the biological sex to justify women’s inferiority and to treat a man as if “he belongs to a

487 ibid 488 Moore, H. (1991). Antropología y feminismo. Madrid: Cátedra.p.28 489 Edwards, A. (1987). Male violence in feminist theory: An analysis of the changing conceptions of sex/gender violence and male dominance. In Women, violence and social control (pp. 13-29). Palgrave Macmillan, London.p16 490 López Mora, F. (2003). Violencia, género e historia. Claves conceptuales y canteras documentales.

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species which is superior to that of the female.”491 As a result, a continuous system of

gender inequality exists in male/female relations which is based in male power and results

in violence. For this, women have been and still are victims of certain types of violence,

namely those forms based on gender basis. All forms of violence serve a specific purpose,

that of protecting and maintaining an old age powerful system which govern male and

female relations. This hierarchical system named by feminists as ‘patriarchal system’

plays a main role in turning women into second class citizens dominated and controlled

by the power of the male members of either social, political or economic organizations.

It divides human beings since their birth into two symbolically binary poles; superior and

inferior. On the masculine pole, men are always associated with positive values such as

force, speed, courage and rationality. On the feminine pole, on the contrary, women are

associated with inferior aspects comparing to those of men. They are educated through a

long process of socialization through which they are instructed that their role is to satisfy

men from whom they receive their true value. As a result of such ideology, violence is

used as an extremely powerful tool to keep with the male domination over women and

control their bodies in order to achieve this purpose that of fulfilling men’s desire in being

cared for emotionally, materially or sexually by women. This reflects the fact why

women´s body has been used under men’s authority and for men’s desires as an object

which reflects male´s power and women´s subordination. For this it has been used in

different parts of the world in prostitution purposes, as a weapon of war, as a source of

men’s honor or for men’s sexual satisfaction. Such male satisfaction of female bodies is

reflected in numerous practices such as -naming only some- sexual aggressions, female

genital mutilations, sexual violence in a marital relation, or prostitution.492

491 El Saadawi, N. (2007). The hidden face of eve: Women in the arab world Zed Books. p19 492Nogueiras García, B. (2011). Feminismo y violencia contra las mujeres por razón de género. Perspectivas de la violencia de género. Madrid: Grupo, 5, 31-45.

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Conclusion

El análisis en esta tesis ha demostrado al lector cómo las mujeres egipcias habían pasado

por varias transformaciones desde su aislamiento dentro de los espacios domésticos hasta

lograr la emancipación gradual de la situación en la que vivían. A través de su feminismo,

se convirtieron en actores activos para exigir sus propios derechos y abrieron la puerta a

las generaciones futuras para rechazar las injusticias o la violencia social. Como se ve en

el capítulo uno, el movimiento intelectual en Europa, que comenzó desde finales del siglo

XVII hasta finales del siglo XVIII, se centró en el derecho individual en el pensamiento

racional, pero excluyó a las mujeres. Esas teorías occidentales sobre las mujeres se

centraron en la idea de que las mujeres eran consideradas como seres humanos menores

que carecían de la capacidad de pensamiento racional. Consideraban que el papel de una

mujer solo se limitaba a la esfera privada o doméstica, donde se convertía en una buena

compañera de su marido. Las ideas de esos intelectuales sobre las mujeres impulsaron el

surgimiento de feministas prominentes que rechazaron la noción común de su tiempo con

respecto a las mujeres y expresaron este rechazo en sus escritos o en los salones

intelectuales donde se debatieron cuestiones importantes.

Tal debate polémico que se había extendido en diferentes países europeos tuvo su

influencia en la situación de las mujeres, que se mejoró en los años siguientes. También

influyó en intelectuales de otras naciones cuyos estudiantes fueron enviados en misiones

educativas para adquirir nuevas ciencias y tecnologías modernas. De hecho, fue la

influencia de la modernización occidental del siglo XIX en aquellos estudiantes lo que

sentó las bases para el movimiento Nahda o el movimiento del Despertar árabe. Los

intelectuales de la Nahda admiraban a las mujeres europeas, y en particular a las francesas

que vieron en París, que gozaban de libertad de expresión y participaban en la vida

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pública. Por lo tanto, abogaron por ideas innovadoras dentro de la sociedad egipcia sobre

las mujeres y la importancia de su educación. Pidieron la verdadera comprensión del

islam y las interpretaciones de los textos religiosos. Esto fue por la creencia de que el

islam es compatible con la modernización y la adquisición de aprendizajes. Su objetivo

era combatir las supersticiones y las costumbres sociales que conducen al atraso de la

nación.

Entre las ideas de esos reformadores estaba la noción de que la mejora de la

sociedad debería comenzar por la reforma social de los ciudadanos, incluidas las mujeres.

Por lo tanto, su discurso se centró en la necesidad de la educación y el trabajo para las

mujeres y en la necesidad de reformar el concepto de matrimonio para que se base en el

respeto mutuo. Además, su discurso sobre la modernidad difundida durante el siglo XIX

incluyó los llamamientos a la abolición de la práctica del velo, que está relacionado con

el aislamiento y la segregación de las mujeres. Aunque esos llamados a la mejora de las

mujeres dentro de la sociedad egipcia provocaron muchas críticas, sin embargo, allanaron

el camino para el surgimiento del feminismo temprano en Egipto. Influenciadas por esas

ideas, además de experimentar varias barreras sociales impuestas por sexo, las mujeres

dentro de la sociedad egipcia comenzaron a expresar sus opiniones sobre varias injusticias

sociales en poemas y escritos. Articulaban una ideología que rechazaba la cultura

dominante de aquellos años que privilegiaba a los hombres sobre las mujeres. A

principios del 20, las feministas egipcias comenzaron a reivindicar sus derechos y

pidieron la educación femenina y la incorporación a las ocupaciones profesionales en

imágenes iguales con los miembros masculinos de la sociedad. Adoptaron la opinión de

que los hombres malinterpretaron los textos religiosos del Corán que no incluían ningún

texto que prohibiera a las mujeres la educación o el trabajo. Además, criticaron el velo de

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su tiempo que restringía la incorporación de las mujeres en el espacio público y pidieron

la restricción de la práctica de la poligamia.

Con las transformaciones políticas que tuvieron lugar dentro de Egipto bajo la

ocupación británica y el surgimiento del sentido del nacionalismo que unió a hombres y

mujeres en sus demandas de independencia, la participación de las mujeres en la vida

pública marcó un punto de inflexión. Como se muestra en el capítulo, los acontecimientos

de 1919 plantearon la cuestión de la feminidad y la domesticidad femenina. Las mujeres

ya no estaban restringidas a la reclusión después de participar en los eventos nacionales

junto con miembros masculinos de la sociedad. Así, tras la privación de los derechos

políticos inscritos en la nueva constitución de 1923, ya que de acuerdo con la nueva

constitución la ley electoral estaba restringida a los hombres, las mujeres incluyeron el

derecho a votar sobre sus demandas feministas. Las primeras feministas también crearon

su unión feminista donde incluyeron en su agenda la lucha contra la prostitución,

modificando las leyes que regulan el matrimonio y las relativas al divorcio y la custodia

de los hijos. Como resultado de todos esos esfuerzos, lograron varios avances, como la

distinción del velo, el aumento de la edad de matrimonio de las niñas hasta los 16 años,

la admisión de niñas en las universidades y la prohibición de la prostitución. El más

importante de los cuales fue el vínculo de la feminista egipcia con el feminismo

internacional.

Como se muestra en el Capítulo 2, la educación femenina aumentó durante los años

de Nasser y a las mujeres se les garantizó trabajo en el sector gubernamental. Sin

embargo, la búsqueda del sufragio femenino siguió siendo un tema de ocupación para

algunas feministas durante los primeros años del régimen de Nasser hasta que el derecho

al sufragio salió victorioso en 1956, cuando las mujeres egipcias finalmente obtuvieron

el derecho al voto. Con la adopción de una nueva constitución en 1956, los principios de

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igualdad se establecieron claramente por primera vez. Por lo tanto, a las mujeres se les

otorgó el derecho a votar y se las aceptó para ocupar altos cargos dentro del país. A pesar

de esos logros dentro del dominio público, el estado de la mujer dentro de la familia siguió

afectado por la Ley del estado personal que era una cuestión de ocupación durante los

años 70. Durante esos años, Egipto se unió a la comunidad internacional en cuestiones

relacionadas con el género, como se vio en la participación en la Conferencia Mundial de

la ONU sobre la mujer celebrada en México en 1975. Después de la conferencia, los

temas de género se incluyeron en la agenda de Sadat para la reforma social. Sin embargo,

la enmienda que hizo a la ley del estado personal provocó la ira de las fuerzas

conservadoras dentro de la sociedad.

El feminismo estatal a partir de los años 80 logró garantizar algunos logros legales

para las mujeres. fue durante ese tiempo que Egipto firmó muchos tratados

internacionales de derechos humanos sobre mujeres. La más importante fue la

Convención sobre la eliminación de todas las formas de discriminación contra la mujer

(CEDAW) ratificada en 1981. También Egipto ratificó la Convención sobre los Derechos

del Niño en 1990. Además, uno de los logros más importantes del feminismo es el

establecimiento del Consejo Nacional de Mujeres en 2000, que había trabajado desde

entonces para mejorar la situación de las mujeres. Había sido responsable de sugerir,

revisar las políticas públicas del estado para asegurar su exclusión de cualquier

discriminación contra la mujer. Entre ellos se encontraban las enmiendas hechas sobre la

custodia de los hijos, la elevación de la edad del matrimonio de las niñas a 18 años en

lugar de 16, y la criminalización de la conocida práctica de la mutilación genital femenina

que constituye violencia contra las mujeres. Paradójicamente, durante el régimen de

Mubarak, y a pesar de todos los logros a nivel legal para beneficiar a las mujeres, era

evidente que, esos esfuerzos tuvieron poca influencia en la lucha contra la violencia. La

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violencia contra las mujeres, como consecuencia, se extendió en las calles y las

mutilaciones genitales femeninas continuaron clandestinamente. La disminución de los

estándares educativos y morales prevaleció dentro de la sociedad durante la última década

del gobierno de Mubarak, afectó a las mujeres que se convirtieron en víctimas de varios

tipos de violencia y abuso sexual. Se hizo evidente que el cuerpo femenino se convirtió

en un sujeto de violencia. Sin embargo, la violencia seguía siendo un tema tabú.

Como se vio, el deterioro de las condiciones económicas y la propagación de la

corrupción durante la primera década del siglo XXI provocaron la ruptura de la

Revolución del 25 de enero, que incluía a hombres y mujeres. Las mujeres participaron

en las manifestaciones pidiendo mejores oportunidades y condiciones sociales. Después

de las elecciones presidenciales de 2012, y el ascenso del grupo de la Hermandad

Musulmana a la presidencia con su pensamiento extremista sobre las mujeres, las mujeres

estuvieron a punto de perder sus logros históricos. Estaba claro que la hermandad

musulmana apuntaba a desterrar a las mujeres y privarlas de muchos derechos. Este

asunto se manifestó a través de su ataque directo a la Convención sobre la eliminación de

todas las formas de discriminación contra la mujer. No solo esto, sino que atacaron el

Consejo Nacional de Mujeres y pidieron su disolución y criticaron las enmiendas

legislativas que habían brindado a las mujeres más protección. Todos esos llamados

contra los derechos de las mujeres se intensificaron aún más por sus llamados a revivir la

práctica de la mutilación genital femenina que estaba prohibida en décadas anteriores de

su gobierno. La Hermandad Musulmana utilizó un discurso religioso para violar el cuerpo

femenino al vincular la práctica con la noción de la fe religiosa de una niña. Antes de que

Morsi fuera destituido del poder en julio de 2013, a las mujeres les preocupaba que ese

grupo las devolviera a años de ignorancia y subyugación. El período difícil que siguió a

la revolución rompió por primera vez muchas barreras sobre temas tabú con respecto al

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cuerpo femenino. Se hizo evidente que el tema de la violencia ya no se podía ocultar del

debate público.

A pesar de que la violencia en todas sus formas representa una violación del cuerpo

humano, como se vio en el capítulo 3, la preocupación de mi tesis se dirige a la práctica

de la mutilación genital femenina. Como se vio en el capítulo 3, la mutilación genital

femenina es un tipo de violencia, ya que viola el derecho de las mujeres a mantener un

cuerpo sano. La mutilación genital femenina conduce a una amplia gama de resultados

adversos persistentes ya sea física o psicológicamente. Como consecuencia, contraviene

la declaración internacional de los derechos humanos y el derecho del niño. Como se ve

en el capítulo, la práctica a menudo es defendida por hombres y mujeres miembros de la

sociedad. Como vemos por las razones dadas para justificar la continuación de la

mutilación genital femenina, las concepciones sociales de la feminidad ocupan una gran

parte. La construcción de una identidad femenina adecuada para hacer frente a los

estándares de la sociedad hace que las familias utilicen este tipo de violencia contra sus

hijas. Los que abogan por la idea de que una mujer no es responsable de su propio honor

vinculado al honor de la familia articulan un discurso patriarcal que coloca a las mujeres

en una posición inferior. A menudo se percibe a las niñas como no lo suficientemente

responsables de proteger su virginidad, un asunto relacionado con el honor de su familia.

Por esta razón, esas familias hacen cumplir todas las medidas posibles para controlar el

cuerpo femenino y preservar la virginidad de una niña. Al hacerlo, usan la religión para

justificar sus decisiones.

Como se vio en el capítulo 4, traté de demostrar que el Islam o la religión no eran

responsables de la situación de discriminación o estado de violencia en todos los aspectos

de la vida de la mujer. Pero que el uso radical de la interpretación de los textos religiosos

fue la verdadera causa de la violencia sufrida por las mujeres. Cuando consideré el asunto,

181

y después de investigar los derechos otorgados a las mujeres por el Islam al leer los versos

del Corán y las opiniones religiosas sobre varios temas, incluido el tema de la mutilación

genital femenina, salí con un resultado que es la subordinación de las mujeres y sus

posición significaba que los pensamientos patriarcales se construyen socialmente, me di

cuenta de que en el Sagrado Corán, las mujeres no son tratadas de manera inferior, por el

contrario, fueron mencionadas de manera digna.

Como se demostró al lector, el Islam trató a las mujeres de manera digna y les

otorgó los a las mujeres derechos no mencionados antes del avance del Islam. Varios

derechos otorgados a las mujeres en los últimos años, como resultado del activismo

feminista, siempre han sido inscritos por la religión, sin embargo, han sido oscurecidos o

perdidos debido a interpretaciones estrictas o engañosas de la religión por parte de algún

segmento de la sociedad. Por esto, creo que las nociones sobre las mujeres y sus derechos

en el Islam son el resultado de la falta de una verdadera comprensión de la religión

islámica y las enseñanzas del Corán. El asunto que engaña a muchas personas y las hace

participar en la reproducción de estereotipos sociales sobre las mujeres justificadas por

musulmanes conservadores que defienden la idea de que las mujeres deben ser tratadas

en un estado inferior al de los hombres, ya que en sus opiniones es un orden religioso

natural. En muchos casos, algunos segmentos de la sociedad interpretan erróneamente la

religión utilizando hadices poco auténticos, como los citados anteriormente en la MGF

que reproducen prácticas violentas. Si tratamos con el Islam y entendemos los versos

coránicos, así como los hadices del profeta Mahoma de una manera verdadera y auténtica,

descubrimos que el Islam es una religión de justicia que trata a las mujeres y a los hombres

como seres humanos iguales, independientemente de su sexo y que el Las prácticas

sociales generalizadas que prevalecen entre las sociedades islámicas a menudo se

malinterpretan y se ajustan a las religiones islámicas.

182

Las transformaciones que han tenido lugar dentro de la sociedad egipcia desde el

siglo XIX hasta la actualidad tuvieron un gran impacto en la situación actual de las

mujeres. Al igual que las mujeres occidentales, que reafirmaron los derechos de las

mujeres e incluyeron el tema de la lucha contra la violencia en su demanda, el feminismo

egipcio logró incluir la violencia en el discurso público. Podemos decir que el feminismo

egipcio reivindicó los derechos de las mujeres en el marco del respeto a la religión. El

feminismo egipcio reclama los derechos de las mujeres al basar sus argumentos en un

discurso religioso. Su lucha contra la mutilación genital femenina, como podemos ver,

incluyó un discurso religioso basado en opiniones de la institución religiosa oficial de al

Azhar y jeques religiosos que adoptan una visión moderada del Islam.

La lucha contra la mutilación genital femenina se puede lograr en general mediante

esfuerzos sostenidos de todas las organizaciones gubernamentales y no gubernamentales.

Sin embargo, creo que este objetivo puede lograrse principalmente a través de la

educación, ya que el analfabetismo juega un papel importante en la situación de las

mujeres. El analfabetismo y la ignorancia aumentan la discriminación de las mujeres y

allanan el camino para regenerar viejos conceptos erróneos sobre el cuerpo. Además, La

falta de información correcta sobre los derechos sexuales y reproductivos entre las

jóvenes y sus madres analfabetas allana el camino para reproducir estereotipos erróneos

sobre la sexualidad. Por lo tanto, dicha situación podría resolverse mediante la educación

y, en particular, la conciencia sobre su sexualidad, que es el método más eficaz que se

utilizará.

La educación de las mujeres, así como el conocimiento de los padres sobre la

información médica sobre la naturaleza reproductiva y sexual, son fundamentales para

rechazar cualquier práctica dañina. Además, la educación permitiría a las mujeres la

comprensión de las auténticas interpretaciones religiosas sobre su estatus en el Islam, lo

183

que les permitiría refutar cualquier costumbre social discriminatoria vinculada al Islam.

Volver a la comprensión plena y auténtica de la religión sin escuchar opiniones radicales

sobre las mujeres ayudaría a rechazar la mutilación genital femenina. La preservación de

la castidad no podría lograrse mediante la violencia o afectando al cuerpo humano con el

pretexto de preservar la virginidad. Por lo tanto, liberar a las mujeres a través de educarlas

e iluminarlas combate el Patriarcado. Al hacer esto, no tiene la intención de negar el papel

de la religión en la vida de las personas y las mujeres, sino solo rechazar la interpretación

errónea de la religión defendida por algunos para justificar el dominio de los hombres

sobre las mujeres.

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Reference Abu-Lughod, L. (2002). Feminismo y modernidad en Oriente Próximo, Ediciones

Catedra, Universidad de Valencia

Abu Al-Asaad, M. (1994): Nbawyat Musaa and her role in the Egyptian life. Egyptian General Book Authority, Cairo. P68. Original book in Arabic titled: ةیرصملا ةایحلا يف اھرودو يسوم ھیوبن Acosta, M. L. (2003). La violencia contra las mujeres en los medios de comunicación:

entre la noticia y la información. In Medios de comunicación y violencia contra las mujeres (pp. 33-44). Instituto Andaluz de la Mujer.

Ahmed, L. (1992). Women and gender in Islam: Historical roots of a modern debate. Yale University Press. Aldin, S.S. (2005). Women between customs and religion. Al Mahrousa Publications. Cairo. Title in Arabic نیدلا و فارعالا نیب ةأرملا

Al-Ghazali, M. (2013). Women’s’ Issues between Stagnant Traditions and Expatriate Traditions, Cairo: Dar Al Shorroq Publication. Translation of the title is my own

translation. Its original Arabic name is ( ةدفاولاو ةدكارلا دیلاقتلا نیب ةأرملا ایاضق )

Al-Hussaini, T. K. (2003). Female genital cutting types, motives and perineal damage in laboring Egyptian women. Medical principles and practice, 12(2), 123-128. AL Khayat, Mohammed (2007) Muslim women and issues of the times, Saffir Alduwaliih Lilnashr Publications. Cairo Pp38-39. Original title in Arabic: رصعلا ایاضقو ةملسملا ةأرملا Alvi, H. (2015). Women's rights movements in the ‘Arab Spring': major victories or failures for human rights? Journal of International Women's Studies, 16(3), 294-318. Amorós, C. (2009). Vetas de ilustración: Reflexiones sobre feminismo e Islam. Ediciones Cátedra. Amin, G. (2011). Egypt in the Era of Hosni Mubarak, the American University in Cairo press. Amin, Q. (2000). The Liberation of Women and the New Woman: Two documents in the history of Egyptian feminism, trans. S. Sidhom Peterson, Cairo: American University of Cairo Press. Andarge, M. Y. (2014). The Difficulties of Ending Female Genital Mutilation (FGM): Case of Afar Pastoralist Communities in Ethiopia: A thesis in Retrieved from www. ohchr.org/Documents/Issues/Women/WRGS/FGM/NGOs/ActionFor. Arenfeldt, P., & Golley, N. A. H. (Eds.). (2012). Mapping Arab women's movements: A century of transformations from within. The American University in Cairo Press

186

Assaad, M. B. (1980). Female circumcision in Egypt: social implications, current research, and prospects for change. Studies in family planning, 11(1), 3-16. Asefa, S. (1998). Female Genital Mutilation: Violence in the Name of Tradition, Religion, and Social Imperative. Violence Against Women: Philosophical Perspectives, 92-104. Badran, M. (1995). Feminists, Islam, and nation: Gender and the making of modern Egypt. Princeton University Press. New Jersey. Badran, M. (2009). Feminism in Islam: Religious and Secular Convergences. Oxford: Oneworld. Baer, G. (1967). Slavery in nineteenth century Egypt. The Journal of African History, 8(3), 417-441. Baron, B. (1994). The Women’s Awakening in Egypt. Culture, Society, and the Press. Yale University Press. London. Baron, B. (2005). Egypt as a woman: nationalism, gender, and politics. University of California press. Beltrán, E., & Maquieira D'Angelo, V. (2001). Feminismos: debates teóricos contemporáneos. Madrid: Alianza Editorial Berkey, J. P. (1996). Circumcision circumscribed: Female excision and cultural accommodation in the medieval Near East. International Journal of Middle East Studies, 28(1), 19-38. http://www.jstor.org/stable/176113. Bier, L. (2011). Revolutionary womanhood: feminisms, modernity, and the state in Nasser's Egypt. The American University in Cairo Press. Booth, M. (2001). Woman in Islam: Men and the “Women's Press” in Turn-of-the-20th- Century Egypt. International Journal of Middle East Studies, 33(2), 171-201. Browning, D. S., Green, M. C., & Witte Jr, J. (Eds.). (2006). Sex, marriage, and family in world religions. Columbia University Press. Brison, S. J. (1993). Surviving sexual violence. In French, S. G., Teays, W., & Purdy, L. M. (Eds.). Violence against women: Philosophical perspectives. (pp. 11-26). Cornell University Press, Cambridge, England. Bryson, V. (2003). Feminist political theory: An introduction (2nd ed.). New York; Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. Campbell, J. C. (2002). Health consequences of intimate partner violence. The lancet, 359(9314), 1331-1336. Caner, E. M., & Caner, E. F. (2003). Unveiling Islam: An insider's look at Muslim life and beliefs. Mill Hill, London and Grand Rapids, Michigan

187

Casares, A. M. (2006). Antropología del género: culturas, mitos y estereotipos sexuales (Vol. 89). Universitat de Valencia. Edwards, A. (1987). Male violence in feminist theory: An analysis of the changing conceptions of sex/gender violence and male dominance. In Women, violence and social control (pp. 13-29). Palgrave Macmillan, London. El-Gibaly, O., Ibrahim, B., Mensch, B. S., & Clark, W. H. (2002). The decline of female circumcision in Egypt: evidence and interpretation. Social science & medicine, 54(2), 205-220. Ertürk, Y., & Purkayastha, B. (2012). Linking research, policy and action: A look at the work of the special rapporteur on violence against women. Current Sociology, 60(2), 142-160. El Dawla, A. S. (1999). The political and legal struggle over female genital mutilation in Egypt: Five years since the ICPD. Reproductive health matters, 7(13), 128-136. Elgaali, M., Strevens, H., & Mårdh, P. A. (2005). Female genital mutilation–an exported medical hazard. The European Journal of Contraception & Reproductive Health Care, 10(2), 93-97. Elsadda, H. (2011). Women’s rights activism in post-Jan25 Egypt: Combating the shadow of the first lady syndrome in the Arab world. Middle East Law and Governance, 3(1-2), 84-93. El Sadda, H., & Abu Ghazi, I. (2001). Significant moments in the history of Egyptian Women. National Council for Women, Cairo. Egypt El Saadawi, N. (2007). The hidden face of eve: Women in the Arab world Zed Books. Fahmy, Z. (2011). Ordinary Egyptians: Creating the Modern Nation through Popular Culture, 1870-1919, The American University of Cairo Press Elchazli, F. (2012) . Women's Personal Status Rights: Marriage Rules from the legal

Perspectives, National Council for Women Publications. Book title in Arabic is ةینوناقلا ةھجولا نم جاوزلا تایلاكشإ ةیصخشلا لاوحألا لاجم يف ةأرملا قوقح

French, S. G., Teays, W., & Purdy, L. M. (Eds.). (1998). Violence against women: Philosophical perspectives. Cornell University Press. Gerhard, J. (2000). Revisiting" the myth of the vaginal orgasm": The female orgasm in American sexual thought and second wave feminism. Feminist Studies, 26(2), 449- 476. See Goma, A. A. (2014). Eliminating all forms of violence and discrimination against women, Al Waraa Institution Publications. Title in Arabic ةأرملا دض زییمتلاو فنعلا لاكشا ةفاك يلع ءاضقلا Groeneveld, A. E. (2013). Female genital mutilation: Tradition versus human rights. African Journal of Urology, 19(3), 134-135.

188

Hassan, A.M.A. (2011). The rule of circumcision in Islamic law and law and the opinion of medicine in it. Retrieved from https://www.iasj.net/iasj?func=fulltext&aId=47428.

-133 ,)26/2(2 ھیف بطلا يأرو نوناقلاو ةیمالسإلا ةعیرشلا يف ناتخلا مكح .)2011( .نسح نیمأ دمحم رمع.172 Hatem, M. F. (1992). Economic and political liberation in Egypt and the demise of state feminism. International Journal of Middle East Studies, 24(2), 231-251. Hopwood, D. (1982). Egypt: Politics and society 1945-1981. London: Allen & Unwin Herrero, M. T. (2011). Violencia sexual:" cuando dicen no, quieren decir sí". In Perspectivas de la violencia de género (pp. 121-144). Madrid: Grupo 5. Hourani, A. (1962). Arabic thought in the liberal age 1798-1939. Cambridge University Press. Jawad, H. (1998). The rights of women in Islam: An authentic approach. Springer. i Mestre, R. M. M. (2017). Las MGF como una forma cultural de violencia contra las mujeres en el Convenio de Estambul. Revista europea de derechos fundamentales, (29), 205-219. Kamal, H. (2015). Inserting women’s rights in the Egyptian constitution: personal reflections. Journal for Cultural Research, 19(2), 150-161. Kharboush, I. F., Roudi-Fahimi, F., Ismail, H. M., Mamdouh, H. M., Muhammad, Y. Y., Tawfik, M. M., ... & Sallam, H. N. (2010). Spousal violence in Egypt. Population Reference Burea 2010. Khatab, F. (2007). Women and pioneers of the Enlightenment. Al hayaa al Masriya Alama lil kitab Publications. Egypt. Book title in Arabic ریونتلا داورو ةأرملا Krantz, G., & Garcia-Moreno, C. (2005). Violence against women. Journal of Epidemiology & Community Health, 59(10), 818-821. La Barbera, M. C. (2009). Revisiting the anti-female genital mutilation discourse. Diritto

& questioni pubbliche, 9, 485. Lanfranchi, S. S. (2012). Casting off the veil: The life of Huda Shaarawi, Egypt’s first feminist. IB Tauris. Lerner, G., & Tusell, M. (1990). La creación del patriarcado. Barcelona: Crítica. Lewis, L. (2012). Convergences and divergences: Egyptian women's activisms over the last century. Mapping Arab Women’s Movements: A Century of Transformations from Within, American University in Cairo Press. Marsot, A. L. A. S. (2007). A history of Egypt: from the Arab conquest to the present. Cambridge University Press. Moaddel, M. (1998). Religion and women: Islamic modernism versus fundamentalism.

189

Journal for the Scientific Study of Religion. Muhammed, Abdel Rahim (2011). The Prophet’s wives, children, and grandchildren. Dar al Turath Publications, Cairo. p362. Original title in Arabic هدافحاو ھئانباو لوسرلا تاجوز Mora, F. L. (2003). Violencia, género e historia. Claves conceptuales y canteras documentales. In Violencia y género: congreso internacional, 9, 10 de marzo de 2001, Córdoba (pp. 15-24). Servicio de Publicaciones. Morsy, M. (2014). Egyptian women and the 25th of January Revolution: presence and absence. The Journal of North African Studies, 19(2), 211-229. Mansour, D. (2014). Women’s rights in Islamic Shari’a: Between interpretation, culture and politics. Muslim World Journal of Human Rights, 11(1), 1-24. Margot, B., & Miriam, C. (2004). Opening the Gates: An Anthology of Arab Feminist Writing. Indiana University Press Marsot, A. L. A. S. (2007). A history of Egypt: from the Arab conquest to the present. Cambridge University Press. Moaddel, M. (1998). Religion and women: Islamic modernism versus fundamentalism. Journal for the scientific study of religion, 108-130. Mooney, J. (2000). Gender, violence and the social order. Springer Moore, H. (1991). Antropología y feminismo. Madrid: Cátedra. Mosleh, H., Abdelhai, R., Roudi, F., & Ashford, L. S. (2015). Advancing Egyptian society by ending violence against women. Population Reference Bureau. Mosleh, H. & Abdelhai, R (2014). Cairo University Study Shows Mental Ill-Health During Pregnancy Is Associated with Spousal Violence. Population Reference Bureau. Retrieved from

https://www.researchgate.net/publication/304197398_CAIRO_UNIVERSITY_STUDY_SHOWS_MENTAL_ILL-HEALTH_DURING_PREGNANCY_IS_ASSOCIATED_WITH_SPOUSAL_VIOLENCE

Muñoz, C. S., Pedreira, M. E. B., & Medina, S. Á. (2001). Feminismo liberal, radical

y socialista. In Feminismos: debates teóricos contemporáneos (pp. 75-126). Alianza.

Nicolau, I. (2014). Women’s Rights in Islam. Contemporary Readings in Law and Social Justice, 6(1), 711-720. Nogueiras García, B. (2011). Feminismo y violencia contra las mujeres por razón de género. Perspectivas de la violencia de género. Madrid: Grupo, 5, 31-45. Nepstad, S. E. (2013). Mutiny and nonviolence in the Arab Spring: Exploring military

190

defections and loyalty in Egypt, Bahrain, and Syria. Journal of Peace Research, 50(3), 337-349. Nusseir, A. (2012). Islamic Perspective Against Female Genital Mutilation,

National Council for Women Publications, Cairo. The Arabic title ثانالا ناتخ ةضھانم ةیضقل يمالسالا روظنملا

National Council for women (2012). Violence against women. National Council for Women Publications, Cairo. Original title of the book ةأرملا دض فنعلا Retrieved from http://ncw.gov.eg/wp-content/uploads/2016/05/ar11.pdf Okin, S. M. (1979). Women in Western Political Thought. Princeton University Press. Otto, J. M. (Ed.). (2010). Sharia and National Law: Comparing the Legal Systems of Twelve Islamic Countries. American University in Cairo Press. Ortega, M. S. (2003). El papel da la educación y los medios de comunicación en la erradicación de la violencia contra las mujeres. In Medios de comunicación y violencia contra las mujeres (pp. 23-32). Instituto Andaluz de la Mujer. Ortner, S. (1972). Is Female to Male as Nature Is to Culture? Feminist Studies, 1(2), 5-31. Patel, A. (2013). The Arab Nahdah: The making of the intellectual and humanist movement. Edimburgo: University Press. Paradela, N. (2015). El feminismo árabe y su lucha por los derechos de la mujer. Instituto Universitario de Investigación de Estudios de Genero de la Universidad de Alicante. PÉREZ VIEJO, J., Escobar Cirujano, A., & Murillo de la Vega, S. (2011). Perspectivas de la violencia de género. Madrid: Grupo, 5. Peters, J. S., & Wolper, A. (Eds.). (1995). Women's rights, human rights: International feminist perspectives. Routledge. New York Quawas, R. B. (2006). “A sea captain in her own right”: Navigating the feminist thought of Huda Shaarawi. Journal of International Women's Studies, 8(1), 219-235. Rice, X., Marsh, K., Finn, T., Sherwood, H., Chrisafis, A., & Booth, R. (2011). Women have emerged as key players in the Arab spring. The Guardian, 22, 2011. Rasheed, S. M., Abd‐Ellah, A. H., & Yousef, F. M. (2011). Female genital mutilation in Upper Egypt in the new millennium. International Journal of Gynecology & Obstetrics, 114(1), 47-50. Recio, B. T. (2011). Violencia de género y derechos humanos: la violencia contra las mujeres: la responsabilidad eludida del Estado frente a un grave problema de derechos humanos. In Perspectivas de la violencia de género (pp. 47-72). Madrid: Grupo 5.

191

Rendall, J. (1985). The Origins of Modern Feminism: Women in Britain, France and the United States, 1780-1860. Macmillan Press. Rushwan, H. (2013). Female genital mutilation: A tragedy for women’s reproductive health. African Journal of Urology, 19(3), 130-133. Salmawy, M. (2015): Single Shot Pistol ٫ Egypt under Brotherhood rule, Al Dar Almasriah al-libnania Publications, Cairo. Original title ناوخالا مكح تحت رصم ٫ ةدحاولا ةقلطلا سدسم Saleh, M., Friesen, P., & Ades, V. (2018). On female genital cutting: Factors to be considered when confronted with a request to re-infibulate. Journal of bioethical inquiry, 15(4), 549-555. Serour, G. I. (2013). Medicalization of female genital mutilation/cutting. African Journal of Urology, 19(3), 145-149. Shaʻrāwī, H. (1998): Harem Years: the Memoirs of an Egyptian feminist (1879-1924). The American University in Cairo Press. Sika, N., & Khodary, Y. (2012). One step forward, two steps back? Egyptian women within the confines of authoritarianism. Journal of International Women's Studies, 13(5), 91-100. Silverman, E. K. (2004). Anthropology and circumcision. Annu. Rev. Anthropol., 33,

419-445. Singerman, D. (2013). Youth, gender, and dignity in the Egyptian uprising. Journal of Middle East Women’s Studies, 9(3), 1-27. Sonneveld, N. (2012). Khul Divorce in Egypt; Public Debates, Judicial Practices, and Everyday Life, The American University in Cairo Press. Sorbera, L. (2014). Challenges of thinking feminism and revolution in Egypt between 2011 and 2014. Postcolonial Studies, 17(1), 63-75. Soudias, D. (2014). Negotiating Space: The Evolution of the Egyptian Street, 2000-2011. American University in Cairo Press. Somach, S., & Abou Zeid, G. (2009). Egypt violence against women study. Literature review of violence against women. Washington (DC): United States Agency for International Development. Steen, K., & Hunskaar, S. (2004). Gender and physical violence. Social Science & Medicine, 59(3), 567-571. Tag-Eldin, M. A., Gadallah, M. A., Al-Tayeb, M. N., Abdel-Aty, M., Mansour, E., & Sallem, M. (2008). Prevalence of female genital cutting among Egyptian girls. Bulletin of the World Health Organization, 86, 269-274.

192

Thompson, J. (2008). A history of Egypt: from earliest times to the present. American University in Cairo Press Toubia, N. (1994). Female circumcision as a public health issue. New England Journal of Medicine, 331(11), 712-716. Wolper, A., & Peters, J. (Eds.). (1995). Women's Rights, Human Rights: International Feminist Perspectives. Routledge. Pp 224-235 Toubia, N. F., & Sharief, E. H. (2003). Female genital mutilation: have we made progress? International Journal of Gynecology & Obstetrics, 82(3), 251-261. Trueblood, L. A. (1999). Female Genital Mutilation: A Disussion of International Human Rights Instuments, Culteral Sovereignty and Dominance Theory. Denv. J. Int'l L. & Pol'y, 28, 437. Umara, M. (2008) Qasim Amin’s Emancipation of women and the Islamic modernization, Dar al-Shorouk Publications. Cairo. The original book title in Arabic is يمالسإلا ندمتلاو ةأرملا ریرحت نیما مساق Valcárcel, A. (2012): Feminismo en el Mundo Global, Ediciones Catedra, Spain.

Wood, A. N. (2001). A cultural rite of passage or a form of torture: female genital mutilation from an international law perspective. Hastings Women's LJ, 12, 347. y Sel, C. R. D. A. (1989). Historia del movimiento feminista egipcio. Universidad de Granada. Instituto de Ciencias de la Educación. Servicio de Publicaciones Zayed, A. A., & Ali, A. A. (2012). Abusing female children by circumcision is continued in Egypt. Journal of forensic and legal medicine, 19(4), 196-200.

Retrieved from: http://www.sciencedirect.com/science/article/pii/S1752928X11002356.

Zakariyah, H. (2018) The Man's Power to Beat His Unpredictable Wife: A Critical Study of the Book of Beating the Woman by Abdul Hamid Abi Suleiman. Al-Qanatir: International Journal of Islamic Studies. Vol 10. No.1 April issue (2018). Retrieved from https://al-qanatir.com/index.php/qanatir/article/view/5/5 Original title in Arabic: نامیلس يبأ دیمحلا دبعل ةأرملا برض باتكل ةیدقن ةسارد :زشانلا ھتجوز برض يف لجرلا ةطلس . Other sources consulted Al-Talawy accuses the Brotherhood of the prevalence of female genital mutilation: "they do everything necessary to break the women"(2016, February6). Al Masri al Youm News. Original Arabic article Retrieved from: https://www.almasryalyoum.com/news/details/887794. Amnesty International. (2013). Egypt: Gender-based violence against women around Tahrir Square. Retrieved from https://www.atria.nl/epublications/IAV_B00108541.pdf

193

Assembly, U. G. (1993). Declaration on the Elimination of Violence against Women. UN General Assembly. Retrieved from http://www.un.org/documents/ga/res/48/a48r104.htm Assembly, U. G. (1979). Convention on the elimination of all forms of discrimination against women. Retrieved from https://www.ohchr.org/en/professionalinterest/pages/cedaw.aspx Boldea, I. (2013). Studies on literature, discourse and multicultural dialogue, Editor Arhipelag XXI. Council of Europe.(2011). The Convention on preventing and combating violence against women and domestic violence. Retrieved from https://www.coe.int/en/web/istanbul-convention/historical-background Cut in secret: the medicalization of FGM in Egypt CNN (2017, February7) CNN. Retrieved from: https://edition.cnn.com/2017/02/06/africa/africa-view-egypt-fgm/ Dar Al Iftaa: Female genital mutilation is against Sharia and law (2016, June2). Retrieved from https://www.dar-alifta.org/AR/Viewstatement.aspx?sec=media&ID=4006 Dar Al Iftaa (2019). On the International Day for the Rejection of Female Genital Mutilation .. Dar Al Iftaa affirms the sanctity of circumcision and considers it an attack on women. Retrieved from https://www.dar-alifta.org/ar/Viewstatement.aspx?sec=media&ID=6316 Dina, A. (2009, February13). The Uphill Battle against FGM: Four Female Activists Stood against the Long-Standing Practice. Retrieved from https://wlahawogohokhra.com/8698/the-uphill-battle-against-fgm-four-female- activists-stood-against-the-long-standing-practice/?Lang=en Duvvury, N., Marcos, M. O., Gadallah, M., Attia, S., El Adly, N., Maged, W., & Haddad, G. (2016). The Egypt economic cost of gender-based violence survey (ECGBVS)

2015. Cairo: Central Agency for Public Mobilization and Statistics (CAPMAS), Egypt. Retrieved from https://egypt.unfpa.org/en/publications/economic-cost-gender-based-violence-survey-egypt-2015

Eltahawy, M. (2011, January 16). Tunisia: the first Arab revolution. The Guardian. Retrieved from https://www.theguardian.com/commentisfree/2011/jan/16/tunisia- first-arab-revolution-ben-ali Egyptian women have a greater role in the political scene; The reshuffle confirms President Sisi’s support and confidence in her. (2019, December 22). Ahram News. Retrieved from http://gate.ahram.org.eg/News/2340297.aspx Hafez, M. (2019, July18). Chronology: Stations in the War on FGM in Egypt. Retrieved From https://wlahawogohokhra.com/10065/ خ-ىلع-ةدتمملا-برحلا-يف-تاطحم-ينمز-لسلست / Original name in Arabic: رصم يف ثانإلا ناتخ ىلع ةدتمملا برحلا يف تاطحم :ينمز لسلست

194

G. Mohamed, Ali. Women between Islam and the suspicions of the other. The original Arabic title is ( ةعمج - يلع - رخألا روتكدلل تاھبشو مالسإلا فاصنإ نیب ةأرملا ) Retrieved from:

https://www.draligomaa.com/index.php/ بتك/ةبتكملا /item/1488- -مالسإلا-فاصنإ-نیب-ةأرملاةعمج-يلع-د-أ-رخألا-تاھبشو

G. Mohamed, Ali. (2007, August6). Female mutilation. Ahram newspapers. Retrieved from http://www.ahram.org.eg/Archive/2007/8/6/WRIT5.HTM. Title in Arabic: ثانإلا ناتخ

G. Mohamed, Ali (2016) There are those who repeat that Islam insulted women that the man was allowed to hit her, so what is the truth? Retrieved from DrAliGomaa website

https://www.draligomaa.com/index.php/ ةرسأو-عمتجم/ىواتفلا /item/1974- -نأ-ددری-نم-كانھ؟لوقلا-كلذ-ةقیقح-امف-،اھبرضب-لجرلل-حمس-نأب-ةأرملا-ناھأ-مالسإلا

G. Mohamed, Ali. Does Islam give the father the right to compel his daughter to marry whom she does not want? Is it for women in Islam to end the marital relationship or whether this is a man’s right -Alone? Retrieved from DrAliGomaa website https://www.draligomaa.com/index.php/ ةرسأو-عمتجم/ىواتفلا /item/1976- -ةقالعلا-ءاھنإ-مالسإلا-يف-ةأرملل-لھو-؟دیرت-ال-نم-جاوز-ىلع-ھتنبا-رابجإ-يف-دلاولل-قحلا-مالسإلا-يطعی-لھ

.؟-هدحو-لجرلل-قح-اذھ-نأ-مأ-ةیجوزلا Hassan, Fayza. (2001). Speaking for the Other Half. Al-Ahram Weekly On-line, (523) Retrieved from: http://weekly.ahram.org.eg/Archive/2001/523/sc3.htm. Jawad, H. A. (1991). Women and the question of polygamy in Islam. Islamic Quarterly, 35(3), 181. Retrieved from https://search.proquest.com/docview/1304275829?accountid=14478 Kharboush, I. F., Roudi-Fahimi, F., Ismail, H. M., Mamdouh, H. M., Muhammad, Y. Y., Tawfik, M. M., ... & Sallam, H. N. (2010). Spousal violence in EGYPT. Population Reference Bureau. Leila, R. (2011, May5-11). Controversy over Suzanne’s laws. Al-Ahram Weekly News. Leila, R. (2016, December8-14). Code of honor, a new law is being drafted to combat violence against women. Al-Ahram weekly News. Laila, R. (2012): Moving Backwards; The draft Constitution sounds alarm bells among women's rights activists, Al-Ahram Weekly News. Ministry of State for Population. (n.d). The National FGM Abandonment Strategy 2016- 2020. Retrieved from http://www.npc.gov.eg/2013-09-28-20-39-20/ ةیموقلا - ططخلا Noureldin, O. (2017, March,8). International Women’s Day: Egyptian cartoonist sheds light on 10 discriminatory laws against women. Egypt Independent. Retrieved

from:http://www.egyptindependent.com/international-women-s-day-egyptian- cartoonist-sheds-light-10-discriminatory-laws-against-women.

195

Saad El-Din, M. (2005, September 15-21) Plain Talk, Ahram weekly News, Retrieved from http://weekly.ahram.org.eg/Archive/2005/760/cu3.htm. Egyptian Center for Women’s Rights. (2014). Women’s Status Report Summary of the Egyptian Center for Women’s Rights 2014. Retrieved from

https://ecwronline.org/index.php/2015/03/08/2014-the-year-of-unfulfilled-promises-for-egyptian-women/

Egypt hosts regional Conference on Child Marriage, FGM (2019, June19) Egypt today. Retrieved from https://www.egypttoday.com/Article/1/71781/Egypt-hosts-regional- conference-on-child-marriage-FGM Egypt's Tamarod protest movement (2013, July 1), BBC News. Retrieved from http://www.bbc.com/news/world-middle-east-23131953 Egypt to revive female genital mutilation in the name of Islam. (2012, May16). RT Question More News. Retrieved from: https://www.rt.com/news/egypt-revive-mutilation-alarm-372/ . Egypt’s women council slams shura MPs over UN criticism (2013 April,16),

Ahramonline News. Retrieved from: http://english.ahram.org.eg/NewsContent/1/64/69405/Egypt/Politics-/Egypts- women-council-slams-Shura-MPs-over-UN-criti.aspx

El-Zanaty, F., Hussein, E. M., Shawky, G. A., Way, A. A., & Kishor, S. (1996). Egypt

Demographic and Health Survey 1995. Calverton, Maryland, USA: National Population Council [Egypt] and Macro International. Inc. Retrieved from https://www.dhsprogram.com/pubs/pdf/FR71/FR71.pdf

El- Zanaty& ssociates. (1998). Egypt Demographic and Health Survey 1998.Calverton, Maryland, USA. Retrieved from https://dhsprogram.com/what-we- do/survey/survey-display-144.cfm El-Zanaty, F., & Way, A. A. (2001). Egypt Demographic and Health Survey 2000. Calverton, Maryland [USA]: Ministry of Health and Population [Egypt], National Population Council and ORC Macro.

Retrieved from https://www.dhsprogram.com/pubs/pdf/FR117/FR117.pdf El-Zanaty, F., & Way, A. A. (2004). 2003 Egypt interim demographic and health survey. Calverton: Ministry of Health and Population [Egypt], National Population Council and OCR Macro. Retrieved from https://dhsprogram.com/pubs/pdf/FR149/FR149.pdf El-Zanaty, Fatma and Ann Way (2006). Egypt Demographic and Health Survey 2005.

Cairo, Egypt: Ministry of Health and Population, National Population Council, El-Zanaty and Associates, and ORC Macro. Retrieved from https://www.dhsprogram.com/pubs/pdf/FR176/FR176.pdf

196

El-Zanaty, Fatma and Ann Way (2009). Egypt Demographic and Health Survey 2008. Cairo, Egypt: Ministry of Health, El-Zanaty and Associates, and Macro International. Retrieved from https://dhsprogram.com/pubs/pdf/FR220/FR220.pdf El-Zanaty and Associates [Egypt], and ICF International. (2015). Egypt Demographic and Health Survey2014. Cairo, Egypt and Rockville, Maryland, USA: Ministry of Health and Population and ICF International. Retrieved from https://dhsprogram.com/pubs/pdf/fr302/fr302.pdf Female genital mutilation is against Sharia and law (2016, June 2). Retrieved from:

http://dar-alifta.org.eg/AR/Viewstatement.aspx?sec=media&ID=4006. Original title in Arabic is نوناقلاو ةعیرشلل فلاخم ثانإلا ناتخ :ءاتفإلا راد

Krug, E. G., Mercy, J. A., Dahlberg, L. L., & Zwi, A. B. (2002). The world report on violence and health. World Health Organization, Geneva. National Council for women (2012). Violence against women. National Council Publications Retrieved from: http://ncw.gov.eg/wp-content/uploads/2016/05/ar11.pdf (Original book name in Arabic ةأرملا دض فنعلا ) National Council for women (2015). National strategy for Combating Violence against

Women 2015-2020. National Council for Women Publications. Cairo. Original title in Arabic is ةأرملا دض فنعلا ةحفاكمل ةینطولا ةیجیتارتسالا Retrieved from http://ncw.gov.eg/wp-content/uploads/2017/04/36a.pdf

National Council for Women (2016). 16-day campaign to combat violence against women. National Council for Women Publications. Retrieved form http://ncw.gov.eg/ar/ ةلمح - ـلا 16- موی - ةضھانمل - فنعلا - دض - ةأرملا / National Council of Women (2018). Combating violence against rural women and access to justice. National Council for Women Publications. Retrieved from http://ncw.gov.eg/ar/ ةحفاكم - فنعلا - دض - ةارملا - ةیفیرلا - وصولاو /

Title in Arabic ةلادعلل لوصولاو ةیفیرلا ةأرملا دض فنعلا ةحفاكم

Roudi-Fahimi, F., & Ibrahim, S. (2013). Ending child marriage in the Arab region. Population Reference Bureau, 1(8). Salafist MP calls for dissolution of Egypt’s National Council for Women (2013, May30), aharmonline News. Retrieved from.

http://english.ahram.org.eg/News/72765.aspx

Serour, G. I., & Ragab, A. (2013). Female Circumcision: Between the Incorrect Use of Science and the Misunderstood Doctrine. Retrieved from UNICEF website: https://www.unicef.org/cbsc/files/Final_English_FGM_summary.pdf

Tarek H. (2013, January3-9). The Muslim Brotherhood’s past and present, Al-Ahram Weekly News. issue 1129

197

UNICEF. (2007). Fresh progress toward the elimination of female genital mutilation and cutting in Egypt. News Release. Retrieved from UNICEF website: https://www.unicef.org/media/media_40168.html United Nations Children's Fund, & Gupta, G. R. (2013). Female Genital Mutilation/Cutting: A statistical overview and exploration of the dynamics of change. Reproductive Health Matters, 184-190. Retrieved from: https://www.unicef.org/publications/index_69875.html The United Nations Statistics Division (2015). The World’s Women 2015: Trends and Statistics. Retrieved from https://unstats.un.org/unsd/gender/worldswomen.html United Nations Economic and social Commission for Western Asia (2017). Status of Arab Women Report 2017 Violence against Women: What is At Stake.

Retrieved from ESCWA website: https://www.unescwa.org/publications/arab-women-report-violence-against-women

United Nations International Covenant on Economic, Social and Cultural

Rights. Retrieved from https://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx

United States Department of State. (2001). Egypt: Report on Female Genital Mutilation (FGM) or Female Genital Cutting (FGC). Retrieved from www.refworld.org/docid/46d57876c.html Van Vossole, A., Middelburg, M. J., Arnaut, C., Leye, E., Deblonde, J., Mergaert, L., & O'Brien Green, S. (2013). Female genital mutilation in the European Union and

Croatia. Retrieved from: http://eige.europa.eu/sites/default/files/documents/eige-report-fgm-in-the-eu-and-croatia.pdf [accessed 22 May 2017]

World Health Organization (1946). Constitution of the World Health Organization. Retrieved from http://www.who.int/about/mission/en/. World Health Organization. (1979) Seminar on Traditional practices affecting the health of women and children. Retrieved from:

https://apps.who.int/iris/bitstream/handle/10665/254379/em_mch_137_em_ment_9_em_sem_tr_pr_aff_hth_wm_44_en.pdf?sequence=1&isAllowed=y

World Health Organization. (1996). Islamic ruling on male and female circumcision. Retrieved from: https://apps.who.int/iris/handle/10665/119559 World Health Organization. (1997). Violence Against Women: Definition and scope of the problem. Geneva, Switzerland: The World Health Organization.

198

World Health Organization, United Nations Population Fund & United Nations Children's Fund (UNICEF). (1997). Female genital mutilation: a joint WHO/UNICEF/UNFPA statement. World Health Organization. https://apps.who.int/iris/handle/10665/41903 World Health Organization. (2008). Eliminating female genital mutilation: an

interagency statement-OHCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCR, UNICEF, UNIFEM, WHO. Retrieved from https://www.who.int/reproductivehealth/publications/fgm/9789241596442/en/

World Health Organization. (2010). Global strategy to stop health-care providers from

performing female genital mutilation. Retrieved from: https://www.who.int/reproductivehealth/publications/fgm/rhr_10_9/en/ World Health Organization. (2016). WHO guidelines on the management of health complications from female genital mutilation (No. 9789241549646). World Health Organization. Retrieved from: https://apps.who.int/iris/bitstream/handle/10665/206437/9789241549646_eng.pdf World Health Organization. (2018) Female genital mutilation. Fact Sheet, 2018.

Retrieved from https://www.who.int/en/news-room/fact-sheets/detail/female-genital-mutilation

Videos Consulted on FGM

1. Interview with Sheikh Ali Gomaa on his religious opinion on FGM. Video dated 24 February 2009. Retrieved from: https://www.youtube.com/watch?v=I10_6ioD6Xs&feature=youtu.be

2. Another interview by Sheikh Ali Gomaa on female circumcision. Video dated 6 January 2015. Retrieved from: https://youtu.be/TSIh2DbXXdc

3. A speech by Sheikh Muhamad Said Tantawi on FGM and the equality between

men and women. Retrieved from https://youtu.be/zUP0QiELGXs

4. Speech by Sheikh Muhamad Mutawaliy Alshaerawi on FGM. Retrieved from https://youtu.be/SLUMOqsdf_A

5. An interview with Sheikh Salim Abdaljalil on female circumcision. Retrieved from https://youtu.be/FnP-a1CGznA

6. An interview with sheikh Ahmad karimieh on female circumcision. Retrieved from https://youtu.be/kMnJQOpmtVo

7. An interview with Sheikh Saad Al Hilaly. Video dated 8 September 2017.

199

Retrieved from https://youtu.be/gmGNSi56PL0

8. A UNDP video including different opinions of Egyptians on FGM. The video is provided by English subtitles. Retrieved from: https://www.youtube.com/watch?v=Om5i8JYyyIM#action=share

9. Report on the suffering of the victim of female circumcision, A victim of FGM retelling her experience with the operation https://youtu.be/WLpeLYmbtS0

10. Interview on the CBC TV channel with victims of FGM https://youtu.be/MyoJxNDKSgs

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Appendix

Appendix

Prohibiting Medical personnel from performing FGM

Ministry of Health and Population Decision No. 271 of 2007

Minister of Health and Population, after reviewing Law No. 415 of 1954 on practicing the medical

profession and Law No. 51 of 1981 regulating medical establishments, the Presidential Decree No.

242 of 1996 regulating the Ministry of Health and Population and Ministerial Decree No. 261 of

1996 banning female genital mutilation decided:

Article 1:

Doctors, nurses or any other person are prohibited from performing any cuts, adjustments or

modifications to any normal part of the female reproductive system (circumcision) whether in this

occurs in public or non-governmental hospitals or other places. Conducting such an operation by

any of those above mentioned is contrary to the laws and regulations governing the practice of

medicine.

Article 2:

This decision shall be published in the Egyptian Newspapers and shall come into force the day

following the date of its publication

Source: sout alomma Newspaper. Retrieved from http://www.soutalomma.com/Article/553420/- ناتخ - عنمب - ةحصلا - ریزو - رارق - صن

ةصاخلاو - ةماعلا - تایفشتسملاب - ثانإل ا

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Appendix

Sexual Harassment Act

Official Gazette- Number 23. June 5, 2014 Decision of the President of the Arab Republic of Egypt by Law No. 50 of 2014 Amending some provisions of the Penal Code promulgated by Law No. 58 of 1937 Interim President of the Republic Having considered the Interim Constitution of January 18, 2014; And the Penal Code; The Code of Criminal Procedure; Law No. 10 of 1961 on combating prostitution; And after the Council of Ministers' agreement; Based on the opinion of the State Council; The following law was decided:

(Article 1) Article 1 of the Penal Code promulgated by Law No. 58 of 1937 shall be replaced by the following text: Article 306 bis (a):Shall be punished by imprisonment for a period not less than six months and a fine not less than three thousand pounds and not more than five thousand pounds or shall be punished by either of these two penalties, any person who commit in a public, private or hammered place any sexual or pornographic suggestion, suggestion, or suggestion, whether by reference, speech or by any means, including by means of telecommunications or wireless communications. The penalty shall be imprisonment for a period not less than one year and a fine of not less than five thousand pounds and not more than ten thousand pounds, or either one of these two penalties if the act is repeated by the perpetrator through prosecution and tracking of the victim. In case of recidivism, the penalties of imprisonment and fines shall be doubled to the minimum and maximum.

(Article 2) A new article 306 bis shall be added to the Penal Code referred to as follows: The offence set force in Article 306 bis (a) of this Law Shall be considered as sexual harassment if committed with the intent of obtaining the benefit of the victim of a sexual nature. The offender shall be punished by imprisonment for a period not less than one year and a fine of not less than ten thousand pounds and not more than twenty thousand pounds, or either of these two penalties. If the offender is one of those stipulated in the second paragraph of Article (267) of this law, or he has a functional, family or educational authority over the victim or exerted any pressure that the circumstance allows him to exert on him or the crime was committed by two or more persons, or at least one of them was Carrying a weapon The penalty shall be imprisonment for a period not less than two years and not exceeding five years and a fine of not less than twenty thousand pounds and not more than fifty thousand pounds.

(Article 3) This Decree shall be published by law in the Official Gazette and shall come into force on the day following its publication. Issued at the Presidency of the Republic on 7 Sha'ban 1435 AH (Corresponding to 5 June 2014).

Note: Translation is mine. The original text of the law in Arabic is accessed from http://www.cc.gov.eg/Images/L/290067.pdf

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Appendix Law No 78 on Female Genital Mutilation Law No. 78 of 2016 on Amending the Penal Code (Female Genital Mutilation) Official Gazette No. 38 bis (c) dated 26/9/2016 The House of Representatives decided the following law, which we have issued:

Article 1

Article 242 (bis) of the Penal Code replaces the following text: Article (242) bis: Subject to the provisions of Article (61) of the Penal Code, and without prejudice to any more severe punishment provided for in another law, any person who commits a female genital mutilation- by removing any of the external genitalia in whole or in part or to inflict injury to those organs without medical justification- shall be punished with a term of not less than five years and not exceeding seven years. The penalty shall be aggravated imprisonment if such act results in permanent disability or if that act leads to death.

(Article 2)

Article (242) bis (a) shall be added to the Penal Code, which reads as follows: Article 242 bis (a): Anyone who has requested female circumcision for a female, and circumcision has been performed at his request- shall be punished by imprisonment for a period not less than one year and not exceeding three years, as provided for in article 242 bis of this law.

(Article 3)

This Law shall be published in the Official Gazette and shall come into force on the day following the date of its publication. This law shall be stamped with the seal of the state and enforced as one of its laws. Issued by the Presidency of the Republic on 23 Dhu al-Hijjah year 1437 AH Corresponding 25 September 2016.

Source: The law is in Arabic and the translation is mine. For the original text of the law see Source http://www.cc.gov.eg/Images/L/372254.pdf

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Appendix Several Organizations working to combat FGM

Assiut Childhood and Development Association. http://acdaegypt.com/

Amnesty International

http://www.amnesty.org/

Center for Egyptian Women Legal Assistance (CEWLA). Accessed at: http://www.cewla.org/

Coptic Evangelical Organization for Social Services (CEOSS). http://en.ceoss-eg.org

Africa Regional Sexuality Resource Center

http://www.arsrc.org/

Center for Reproductive Rights http://www.reproductiverights.org/arabic_aboutus.html

Coalition for Sexual and Bodily Rights in Muslim Societies (CSBR) http://www.wwhr.org/musluman_toplumlarda_dayanisma_agi.php

Coptic Orphans

http://www.copticorphans.org/index.htm

Care International. http://www.care.org/careswork/projects/EGY055.asp

http://www.care.org.eg/

Egyptian Center for Women’s Rights. Accessed at: http://www.ecwronline.org/english/index.htm

Equality Now

http://www.equalitynow.org/english/campaigns/fgm/fgm-campaign_en.html

PATH http://www.path.org

UNIFEM. http://www.unifem.org/

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Appendix Cartoon depicting child marriages and Female Genital Mutilation

Source: Egyptian Independent accessed on 5 August 2017 at:

http://www.egyptindependent.com/international-women-s-day-egyptian-

cartoonist-sheds-light-10-discriminatory-laws-against-women/

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Appendix no.6: News published in Egyptian newspapers on victims of FGM

Source: almisri alyawm Newspapers https://today.almasryalyoum.com/article2.aspx?ArticleID=65684&IssueID=713

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Appendix

A Medical center in Egypt where FGM took place illegally.

Source: almisri alyawm Newspapers Accessed at: https://www.almasryalyoum.com/news/details/1412077

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Appendix.: Egyptian and International Organizations combating FGM Assiut Childhood and Development Association http://acdaegypt.com/ Center for Egyptian Women Legal Assistance (CEWLA) http://www.cewla.org/ Egyptian Center for Women’s Rights http://www.ecwronline.org/english/index.htm National Council for Childhood and Motherhood http://www.nccm.org.eg/ Plan Egypt http://plan-international.org/where-we-work Population Council http://www.popcouncil.org/rh/fgc.html Save the Children http://www.savethechildren.org/ UNIFEM http://www.unifem.org/ The Center for Development and Population Activities (CEDPA) http://www.cedpa.org/section/wherewework/egypt Population Council http://www.popcpuncil.org/rh/fgc.html UNICEF http://www.unicef.org/egypt/protection148.htlm Care International http://www.care.org/careswork/projects/EGY055.asp http://www.care.org.eg/ Population Council http://www.popcouncil.org/topics/fgmc.asp TARGET http://www.target-human-rights.com/HP-09_filme/index.php United Nations Development Programme http://www.undp.org.eg/ UNFPA http://www.unfpa.org/public/site/global/search-results?q=FGM%20Egypt

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Appendix

Prevalence of FGM in the 1995 EDHS

Percentage of women who have been circumcised and the percentage of those who support the continuation of FGM according to the 1995 EDHS

Background Percentage of. Percentage of Number Characteristic circumcised women supporting. of women. the practice Women

Age 15-19 98.1 84.8 673 20-24 98.3 83.9 2,136 25-29 97.0 81.6 2,749 30-34 95.8 79.2 2,605 35-39 96.7 81.3 2,573 40-44 97.2 80.8 2,059 45-49 96.8 82.1 1,984 Urban- rural residence. Urban 94.0 70.3 6,809 Rural 99.5 91.2 7,970 Place of residence Urban governments 92.7 66.4 3,312 Lower Egypt 98.9 86.9 6,207 Urban 96.7 75.1 1,830 Rural 99.8 91.8 4,377 Upper Egypt 98.6 85.5 5,125 Urban 94.2 73.1 1,583 Rural 99.6 91.6 3,543 Frontier governments 75.4 60.7 135 Mothers’ education No education 99.4 93.1 6,464 Some primary 99.8 89.2 2,908 Primary through secondary 97.7 76.7 1,923 Completed secondary/higher 89.6 56.5 3,483 Work Status Working for cash 92.8 65.3 2,312 Not working for cash 97.7 84.6 12,467 Total 97.0 81.6 14,779

Source: EI-Zanaty, Fatma, Enas M. Hussein, Gihan A. Shawky, Ann A. Way, and Sunita Kishor. 1996. Egypt Demographic and Health Survey 1995. Calverton, Maryland [USA]: National Population Council [Egypt] and Macro International Inc.

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Appendix

An Arabic article published, in the official newspaper aharam in 2007, by the Grand

Mufti of Al-Azhar on FGM

ثانإلا ناتخ ةعمج يلع .د :ملقبةیروھمجلا يتفم ناكسلا رمتؤم دعب تریثأ دق اھنأ يعدی مھضعبو ,هذھ انمایأ يف تریثأ ةدیدج ةیضق ثانإلا ناتخ ةیضق نأ سانلا نم ریثك نظی نع ذئنیح سانلا لأس ثیح ,م 1904ةنس يف رانملا ھتلجم يف اضر دیشر خیشلا هراثأ ثانإلا ناتخف ,كلذك سیل رمألاو ,ةرھاقلاب جتحاو ,عبتت ھنسالو ھیلإ عجری ربخ ناتخلا يف سیل :رذنملا نبا لاق ھتینس وأ ناتخلا بوجو ناونع تحت بتكیف ,ناتخلا بوجو .سلدم ةاطرأ نب جاجحلا ھیوارو ءاسنلا يف ةمركم ,لاجرلا يف ةنس ناتخلا :يقھیبلاو دمحأ دنع ةماسأ ثیدحب ةنس ھنأب نولئاقلا ذاتسأو ,ءاملعلا رابك ةئیھ وضع توتلش دومحم خیشلا ةمالعلا ةلیضف يلإ يرصملا ةحصلا ریزو يلاعم لسری م 1951ةنس يفو م1951ـ 5ـ 28يف باوجب ھبیجیف ,ثانإلا ناتخ ةصاخ ,ناتخلا ةیضق نع ھلأسی )دعب امیف ربكألا مامإلاو (فیرشلا رھزألاب ةعیرشلا ھنأ وھو ,اماع أدبم ررقت ةعیرشلاو :حوضو لكب لوقیو ,21ةحفص يف ـھ 1371ةنس مرحملا ددع 23دلجم رھزألا ةلجم يف هرشنی اررض ام رمأ يف نأ نینیعم موق ةاراجم وأ ةصاخ ةعزنل ةیبلت يقلت يتلا ةیتقولا ءارآلا قیرطب ال قیقدلا ثحبلا قیرطب تبث يتم

ام يلع ھیف رمألا نإف ,ىثنألا ناتخ يف كلذ تبثی نأ يلإو ,داسفلا وأ ررضلل اعفد ,لمعلا كلذ عنم اعرش بجو ,ایقلخ اداسف وأ ,ایحص ,ةمركم اھناتخ نأ وھو ,اذھ انموی يلإ ةوبنلا دھع نم ةعیرشلا لاجر ملعو ,ةیمالسإلا ةعیرشلا لظ يف هدوعتو ,سانلا ھیلع جرد .ھنسالو ,ابجاو سیلو ویام رھش يف ھنأ اذھ ةصقو ,ھھقف نم نكمتملا ملسملا ھیقفلا لقع لثمت ,ةمھم ةدعاق هانلقن ایمف نكل ,كلذ دعب اسیفن امالك ملكت مث اذھ يف ھب نوحصنی امو مھیأر نع ءابطألا نم ةفئاط ھیف تلأس ,تانبلا ناتخ لوح اقحلم روتكدلا ةلجم تردصأ ةنسلا تاذ نم ـ لاقی قحلاو ـ مھنكل ,ةیلمعلا هذھ نع مجنی دق يذلا ررضلا يلإ اوراشأو ,تانبلا ناتخ ةرورض مدع يلع مھتملك تعمجأف ,عوضوملا .ةدكؤملا ةیبطلا ةمولعملا لیبس يلع سیلو ,ةراضحلا ةاراجمو ,يأرلا لیبس يلع كلذ اودبأ عالطتسا لمعب ةلجملا تماق )ـھ 1370ناضمر (م 1951وینوی رداصلا ةسماخلا ةنسلا نم لوألا اھددع يف مالسإلا ءاول ةلجم يفو فقسب قلعتی لیوط مالك دعب رھزألاب يوتفلا ةنجل سیئرو ,ءاملعلا رابك ةعامج وضع شورمح میھاربإ خیشلا لاقف ,ءاملعلا رابكل مقت مل ةلاحلا هذھ يف اھنكلو ,ناتخلا كرت اھل زوجی :مكایند رومأب ملعأ متنأ انرمأ امك انایند رومأ يلإ دتری يذلاو ,عئاشلا فراعملا نكمی يتح اھب ارارضإ اھناتخ يف نأ تبثی ملعلا نأ حیحص قیرطب ملعی نأ دبالف ,ةأرملا ناتخ نم عنملا ریرقت دیرأ اذإف ,ةمركملاب اوعسوی نأ ءابطألا يلع بجی يذلا :لیوط مالك دعب قوقحلا ةیلكب ةعیرشلا ذاتسأ ,فالخ باھولادبع ذاتسألا لوقیو .عنملاب لوقلا مل نمو ,تنتخ نم نیب ةیحصلا ةھجولا نم اونراقی نأو ,ةیدرف تالاح يلع ءانب راض تنبلا ناتخ نأب اومكحی الأو ءارقتسالا ةرئاد اعامجإ الو ,نیدلا يف اصن ضراعی ال عنملا اذھف ھعنم اوأرو اھب راض تنبلا ناتخ نأ ةجیتنلا تناكو ءارقتسالا اذھ مت اذإف ,نتتخت .نیملسملا ءاھقفل ربكأ ددع كلذ يف كرتشا اذإف :لاق مث ,ءابطألا فالتخا يلإ ھیف راشأ لیوط مالك دعب اضیأ ءاملعلا رابك نم وھو ,انبلا كب دمحم لوقیو نأو ,ةینیدلا ةیحانلا نم رایخلاب نیملسملا نأ ةصالخلاو ,يفوأو متأ ثحبلا ناك ـ رمتؤم ةئیھ يلع ينعأ ـ ھتیدبأ يذلا وحنلا يلع .ءاربخلا ةفرعمب ایفاك اثحب ثحبی نأ بجیو ,ةحلصملل كورتم رمألا خیشلا ملكتی 1953ةنس وینوی 11قفاوملا ـھ 1372ةنس لاوش يف رداصلا رشاعلا اھددع يف ,رھزألا ةلجم نم 24دلجملا يفو راشتنا يلإ يدؤیو ,ةیجوزلا ةایحلاب رضی ھنأ يری ملعلاو :لوقیف ,ءاملعلا رابك ةعامج وضعو ,ةلجملا ریرحت سیئر ةفرع دمحم كھنی الأ بجیف تنتتخا نمو ,سأب نم ءاسنلا نم نتتخت مل نم يلع سیلف ,ادج لھس هرمأف كلذ لك تبث اذإف ,لاجرلا نیب تاردخملا

.باوصلل قفوملا هللاو سأب الف برغملا دالبو ایكرتك ةیمالسإلا دالبلا ضعب يف عنم امك رصم يف عنم اذإو ,اھنم وضعلا اذھ توتلش دومحم خیشلا اھدیعیو ,قباس دیس خیشلاو ,فولخم دمحم نینسح خیشلا اھنع ملكتی ,ةمیدق ةلأسملا نأ كلذ لك نم نیبتیو اعرش ال ھمیتحت يلإو ,ھیلإ وعدی ام انیدل سیل ىثنألا ناتخ نإ ةیناث ةرم ھیف ركذیو ,م 1959ةنس رداصلا )يواتفلا (ھباتك يف .ابطالو اقلخالو يلوألا روصعلا يف ةدئاسلا ةیبطلا فراعملا تناك املو ,ةینیقیلا ةیبطلا فراعملاب قلعتم ءاملعلا رابك دنع رمألا اذھ نأ كلذك نیبتیو ةیملعلا مھفراعمل سانلا لثتمی ةداع ھلعجتو ,ةنس ھنأو لبو ,بجاو ھنأ يفنت ةمركم تملكو ,ةمركم ھنأب :ءاھقفلا لاق دقف ,ھعفنب لوقت .اھنع ةینسلاو بوجولا يفنل لب ,اھرارقإل ال ,ةمركم اھنأب نیلوألا نع القن انبتك يف درو دقف كلذلو ,رصع لك يف يلع ءاھقفلا ملكت مھیلع ءانب نیذلاو ,ءامدقلا ءابطألا اھانع يتلا يھ يلوألا ةلحرملا نأو ,عاونأ ةعبرأ ناتخلل نأ نع اضیأ انملكتو ,ءيش يف ةعیرشلا نم تسیل يھف ,ةمركم اھنأ اضیأ ينعم اذھو ,رئاعشلا نم تسیلو ةداع يھ يلوألا ةلحرملا هذھ نأو ,ةمركم اھنأ .روصعلا نم رصع يف ةدئاسلا ةیبطلا تامولعملا يلع ءانب اھنكلو يتلا تارارقلابو ,ةیملعلا تارمتؤملابو ,ثحبلاب اھیلإ لصوت دق يتلا قئاقحلا اونلعی نأ ءابطألا يلع بجی ھنأ نیبتی كلذ لك نمو امك ,ينیقی ملعب اعامجإ راص ثیحب ,نآلا نأشلا اذھ يف نوصتخملا ءابطألا ھیلع قبطأ دق امبو ,ةیملاعلا ةحصلا ةمظنم اھیلإ تلصوت

.مھاضرأو مھنع يلاعت هللا يضر ,نرق فصن نم رثكأ ذنم ةعیرشلا ءاملع بلاط ةجحملا يلع انوكرتو ,لوصألا انل اولصأ نیذلا ءاملعلا ءالؤھ عبتن نحنف ,ةملكلا ھیلع ترقتساو ,بطلا ھنم نقیتام عبتن ذإ نحنو.نیملاعلا بر ß دمحلاو ,ءاضیبلا

Source: Published in aharam newspaper on 6 August 2007 www. aharam.org.eg

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