ISLAMIC 'PURSE STRINGS': THE KEY TO THE AMELIORATION OF WOMEN'S LEGAL RIGHTS IN THE MIDDLE EAST

摘要

Islamic law is often viewed as a repressive legal system which effectively denies women equal rights around the world. The truth is that Islamic law is fundamentally fair, and can be interpreted in such a way as to protect a woman's fundamental rights. Placed into context with international law, Islamic law can find conformity. Unfortunately, because Islamic law is often taken hostage by customs and traditions that are clearly not Islamic, the fairness of Islamic law has been trumped at times by putative scholars trying to justify patriarchal traditions by misinterpreting Islamic law. When Islamic law is properly interpreted, however, one sees a system intended to benefit, if not advance, the rights of women. To encourage states to properly interpret Islamic law so as to protect the basic human rights of women, a mechanism is needed to change the underlying attitudes that halt such interpretations. This underlying mechanism is the economic development of women. As women in Saudi Arabia, Kuwait, Egypt, and other Islamic countries begin to experience economic advancement, they will also by necessity experience improved human rights. In reality, when a woman acquires financial freedom, she is able to unshackle constraints on her preexisting legal rights, whether those rights are based in international human rights or Islamic fundamental rights of women.