Professional Documents
Culture Documents
Transnational Feminism as
Critical Practice
A Reading of Feminist Discourses in Pakistan
Introduction
58 amina jamal
that it was the activism of various groups of women, whom mainstream
Western feminist theory and practices traditionally marginalized, which
directed feminist attention toward power differences rooted in the struc-
tures of race, culture, class, histories of colonization and migration,
sexuality, and so on. While this challenge to universal feminism has
enabled more contextualized analyses of women’s lives and opened new
spaces for coalition building, it has unsettled traditional feminist demands
for gender equality that were based on developmentalist and moderniza-
tion discourses (Kandiyoti 1995).
In addition to women’s activism, Kandiyoti also points to a number of
global influences that have changed the context for international feminist
discussions (1995). She argues that widespread awareness of the failures of
developmentalist projects of postcolonial states coincided with theoretical
critiques of the premises on which ideas about development and social
transformation were based. Such critiques derived from poststructuralist
theories in social sciences that denounced both the narrow epistemologi-
cal foundations of Western humanist thought as well as the effects of such
assumptions on colonized societies. This critique of modernity also reso-
nated with feminist critiques of gender-biased and masculinist premises
of universalist discourses about rights and citizenship in the West. Both
poststructuralism and feminist criticism, therefore, focus on processes of
exclusion and inclusion in the construction of the universalist subject of
modernity. According to Kandiyoti, one of the by-products of this conjunc-
ture is a general distrust of the universal doctrine of human rights and its
condemnation as a tool of Western imperialism. In light of Kandiyoti’s
discussion, it is easy to understand the dilemma for Muslim feminists,
who—being positioned in a complicated network of cultural, colonial, and
imperialist histories and gender relations in their societies—must rely on
discourses of abstract citizenship and universal human rights as a means
of transcending culturalist power struggles being enacted at the local,
national, and transnational levels. Thus feminists in Muslim societies, as
Kandiyoti indicates, must develop strategies “to accommodate diversity
and difference without undermining the legal and ethical grounds on
which the right to difference itself can continue to be upheld” (1995, 20).
As she rightly emphasizes, this is more than an academic issue in societies
where political groups invoke religious authority to define the limits of
social behavior.
60 amina jamal
In the following sections I will first draw attention to some important
aspects of the contemporary discursive reconfiguring of nation-states in
the Muslim world and its implications for feminist struggles for secularist
politics, citizenship, and democratization in Muslim societies. Then, with
the proposition that feminism in Pakistan cannot be understood without
considering its agonistic engagement with Islamization, I will locate both
Islamization and feminism within the historical processes of nation-state
formation and globalization. Finally, I will engage with feminist rhetorical
practices in Pakistan and illustrate that bourgeois women’s emphasis on
universal human rights and the ideal of a transcendent citizen-subject
marks a potentially counterhegemonic move against the Islamization of
law and society that has derailed Pakistani politics since 1977. I will demon-
strate that a strategic displacement of our theoretical and analytical
presuppositions may sometimes be necessary in order to clear a space for
feminist practice that can be called transnational. I therefore attempt to
theoretically reposition these discourses through Spivak’s notion of
“catachresis” as a creative misuse of a term that opens a space for new
possibilities. I suggest Pakistani feminists’ catachrestic use of citizenship
and universalism marks a potentially transformative moment that Mrinalini
Sinha (1999) has, in another historical context, linked with the construc-
tion of new subject positions through women’s appropriation of modernity.
62 amina jamal
between Euro-American states and third world states such as Pakistan have
changed from an emphasis on democratization to a focus on security. One
widely expressed concern relates to the hasty abandonment of U.S.-led
sanctions related to the return of democracy in Pakistan. Since 11 Septem-
ber 2001 the United States government has waived a series of military and
economic sanctions that were imposed on Pakistan after its nuclear tests in
1998 and the takeover by General Pervez Musharraf. While U.S. diplomats
and officials insist that this new policy would somehow help the process of
democratization in Pakistan, politicians and activists are concerned that
states such as Pakistan are now judged by a new set of “global” standards
that prioritize the government’s ability to implement measures that are
deemed necessary for the security of citizens of Western states.
While the space of national politics has become somewhat tenuous for
conventional feminist politics, another emergent concern from the
perspective of women and human rights groups in Pakistan is the percep-
tible diminishing of the global public sphere, whose existence is crucial for
consensus around universality, community, and equality across and within
nation-states. It is this international, transnational public sphere that
women’s and human rights activists in Pakistan have routinely referenced
in recent struggles with the state. This space has been seriously under-
mined by developments in international politics. Since democratization
struggles in Pakistan have traditionally relied on internationally agreed
norms and civil rights instruments, the delegitimation of these mecha-
nisms at the international level is bound to influence political—including
feminist—discourse in Pakistan in the coming phase and shape the nature
of transnational linkages. The meaning of globalization—as a specific type
of financial, political, and cultural restructuring that both reconfigures
state-citizen relationships and constructs new types of political subjects, as
emphasized by Spivak (1999), M. Jacqui Alexander and Chandra Talpade
Mohanty (1997), and others—has assumed its worst scenario in combina-
tion with the flexibility of defenses, the widespread dispersal of military
forces, and a contradictory intertwining of global and local violence.
64 amina jamal
world, which excludes not only those territorially outside it but also others
within the “true” community. Central to these discourses is the image of
the Westernized woman as one who is wedded to Western ideas and inter-
ests through either false consciousness or because of selfish investments.
Third, the secular women’s struggle in Pakistan cannot be seen as a
struggle between Islam and modernity. Rather, it must be viewed as a
contest between two competing versions of modernity, between two
competing sections of the middle class. Both secular feminists—as they
proclaim themselves—and Islamists are attempting to play a developmen-
tal role in meditating different cultural projects and internal and external
groups, and thus they are participating in shaping the nation according to
their own ideals (Chatterjee 1986). As Mervat F. Hatem (1998) and
Kandiyoti (1994) reveal, Islamist discourse has embraced modern regimes
of power whose goal is to discipline or domesticate the relations of power
between men and women of the middle class within and outside the
nuclear family. They suggest that while anticolonial nationalist movements
were concerned with modernizing Islam, the concern of Islamists is to
Islamize the expression of modernity in present-day Muslim societies. In
Pakistan, Islamization has attempted to reappropriate aspects of the
public, political space that were at least formally designated as a space of
universal citizenship by the developmental state in its earlier modernizing
phase. Thus the struggle for feminists is to reverse this tide of cultural par-
ticularity in the public space while attempting to extend notions of citizen-
ship to the areas of family and community. Most critics of the Islamization
policy agree that, apart from the direct impact of laws, one of its most
lasting effects has been the noticeable change in the public environment
regarding questions of morality, with severe effects on women and
minorities (Mumtaz and Shaheed 1987; Weiss 1986; Richter 1986).
Fourth, we need to reposition secular women’s activism in the political
and social space of Pakistan by challenging representations that construct
it as a struggle of “elite women versus the masses” in which the latter are
seamlessly identified with “fundamentalist” men and women (Said Khan
1994). As Nighat Said Khan indicates, the conflict of women versus
“fundamentalist” (whether the latter are overtly part of the state, as under
Zia, or in opposition to the state) is not between the West and the rest (the
masses). Rather, it is a contest between two groups of elite, both of which
are equally removed from the day-to-day life of most of the people of
Pakistan (Said Khan 1994, 87).
66 amina jamal
Mahaz-e-Amal, it is only one of many groups that was and continues to be
engaged in the struggles to which I refer in the following discussion.5
The WAF was formed in 1981 at a time of the worst political repression
by the government of General Zia ul Haq, who had introduced a series of
repressive legal and political measures in the name of Islamization. The
most well-known among these are the Hudood Ordinances, which are a set
of laws defining rape, adultery, theft, use of alcohol and drugs, and
prescribing punishments for these offenses. When a small group of upper-
and middle-class women organized public demonstrations and protests
against Hudood laws, they broke the silence that had enveloped Pakistani
politics and continued to pose the most important challenge to the
Islamization of law and society throughout Zia’s regime (Haq 1996;
Gardezi 1997; Mumtaz and Shaheed 1987; Weiss 1998). The founding of
the WAF is considered significant for feminism in Pakistan since it marks a
change in elite women’s understanding of their relationship with the state
(Mumtaz and Shaheed 1987; Haq 1996). Until 1977 women of the urban
educated upper and middle classes looked to the modernizing state to
implement women’s rights. However, elite women’s faith in the modern
state was shaken by Zia’s control of the state. Thus, after the introduction
of state-sponsored Islamization and the attendant moves to reassign
women’s place in social and political life, women’s struggle for rights and
freedom had to be waged against a confrontational rather than reformist
state. As many Pakistani scholars have pointed out, this changed the
nature and terms of the women’s movement in Pakistan (Mumtaz and
Shaheed 1987; Gardezi 1997). Formed by middle-class women as a reaction
to the Islamization policy of Zia and with the stated aim of protecting
women’s rights gained under the developmental phase of the postcolonial
state, the WAF struggled for a long time with the question of how to reframe
modernist issues related to women’s rights and equality into an effective
counter to the discourses of Islamization. Since women who resort to
modernist concepts are threatened by charges of antinationalism, the WAF,
like other secular women’s groups in Pakistan, has had to shape its
political and discursive interventions in a tension between an Islamic
framework and an avowedly secularist framework. After a decade-long
internal debate, some of which is reflected in papers that WAF activists
published, the organization decided in 1991 to declare itself secular,
meaning that it would advocate the separation of religion from the state
(Shaheed 1998). This act of self-naming, rather than being a settled issue,
68 amina jamal
social formation where the idealized relationship between individual and
state is mediated by family, community, tribe, and other affiliations? Seen
this way, a privatized notion of religion in which it is relegated to the
private sphere of family or community would not be secular since it would
bolster the rule of the powerful (mostly men) over women, religious
minorities, gays, and working-class people in these situations. “Secular”
for Muslim feminists is a politically charged concept that refers to a
contigent relationship between state and citizen. Thus it can mean a total
separation of politics and religion, as women in Pakistan are demanding in
their struggle for repeal of the Hudood Ordinances. Or it can entail state
intervention to protect vulnerable citizens as Muslim feminists in India
demanded during the famous Shah Bano case in 1996 when a Muslim
woman was deprived of financial support from her ex-husband because of
the culturalist interpretation of secularism. Therefore, while calling for
secularism, Muslim women appear to call into play the role of the state as
mediator between religion and politics, and the nature of this role could
vary in different contexts.
In Pakistan secular women’s groups have challenged Islamization in
two important ways. First, they reject the cultural particularism of the
Islamization project according to which differential legal and social status
is assigned to women and religious minorities. Thus the WAF and other
women’s groups emphasize universal human rights and international
conventions to argue that there should be no legal discrimination among
citizens on the basis of gender or religion. Part of this strategy is to re-
present the state’s Islamization program not as a social, political, and
economic reconstruction of society, as the governments of General Zia and
Mian Nawaz Sharif claimed,7 but as a project aimed at reducing the status
of women and minorities and depriving them of their rights. That is,
Islamization is seen as an anti-citizenship policy. Another aspect of the
strategy is to argue that it is, in fact, the responsibility of the state to
uphold the rights of citizens by disallowing (mis)interpretations of the
Quran and Hadith since this is against both Islamic justice and the consti-
tutional rights of citizens. This line of argument mobilizes both religious
and legal claims. Second, secular women activists draw on modern
theories of the state to insist that the Pakistani state override all other
claims to authority such as familial, tribal, or religious and act as a neutral
arbiter of interests within the nation when the rights of the individual
collide with the interests of the “community.” These arguments have been
70 amina jamal
Evidence, the WAF categorically rejected official claims that the legal
changes were meant to Islamize the existing law of evidence in Pakistan
(“WAF Position Paper on the Draft Law of Evidence,” in Mumtaz and
Shaheed 1987, App. 4A). Rather, the WAF termed it as an attempt to
diminish the legal status of women and religious minorities. The group
said that by equating the evidence of two women with one man the law
would reduce the status of a woman to half that of a man. Moreover, the
WAF said: “Not only is this law discriminatory it also finds no support
from any Quranic injunction.” To prove that Allah addresses men and
women equally in the Quran and accords equal rewards and punishments,
the paper cited an oft-quoted Quranic verse (Sura 5–33:35).10 It further
tried to establish the equality and personhood of women by referring to the
important testimonies by Prophet Muhammed’s wives Khatija, who was
the first to testify to the truth of the Prophet’s revelation, and Aisha, who
has been relied on to pass on authentic traditions of the Prophet. The
group argued:
Thus a single woman’s testimony not only changed the entire course of
history, but was also instrumental in convincing the Prophet of the truth
of his revelation. Nowhere in the Quran is a single woman disqualified
from bearing testimony. God calls forth all the believers, obviously both
men and women, to bear witness and depose the truth (Sur Al-Nisa Vrs
135). There is, therefore, no justification for interpreting other Aiyats
of the Quran in such a way as to relegate the evidence of women to
secondary position. (“WAF Position Paper on the Draft Law of Evidence,”
qtd. in Mumtaz and Shaheed 1987, App. 4A)
The use of the word (amongst you—male gender) is relied upon for
disqualifying women from bearing testimony in certain cases, i.e.,
Hudood, and totally excluding the evidence of a single woman. The male
gender is used in many places in the Quran where the direction given
applies generally to all believers both men and women. The male gender
is used in a generic sense and not in any discriminatory way. Thus
In its arguments for women’s rights, the WAF also seized from Islamist
modernists and secular nationalists the right to diagnose social problems
associated with modernity and to propose its own solutions for the
establishment of a moral social order. The WAF, therefore, asserted its
own, gendered definition of “social chaos” and “immorality” that would
ensue from relegating women to a secondary status in society and that
could be averted through establishment of women as equal members of
society. It stated:
Since the message of Islam is peace and equality, any laws formulated
which do not conform to the spirit of Islam will weaken the moral fibre
of society and result in dissatisfaction and frustration amongst the
people. It is repugnant to the spirit of Islam to exclude one half of the
believing population from the equal status and position that is the right
granted to them by Islam.
72 amina jamal
an attempt to establish women as individuals in a society where prevalent
representations of “woman” are situated in constructs of “family,”
“community,” and “honor.” In discursive efforts to push women into the
private sphere of the family and home, proponents of Islamization
frequently use the terms “girl,” “daughter,” or “ward,” thereby denying
women’s legal status as adult individuals who have the capacity to give
consent or to enter into contracts. Through persistent protests against
court decisions, publicizing “family” actions to control individual women,
and protesting against discriminatory laws and social practices, groups
such as the WAF have successfully managed to keep the issue of women’s
legal status unsettled and controversial in Pakistan rather than being fixed
by the particular configurations of religion and law that Islamization has
produced.
This is evident in the continuing campaign against the practice of so-
called honor killing. Secular women’s groups in Pakistan routinely couch
their protests not in the language of violence against women, and therefore
of state protection for victims of male or family violence, but as an issue of
compromised citizenship arising from an ambiguous relationship between
state and civil society. An illustrative case is the campaign the WAF and
other groups organized around the most publicized case of honor kill-
ing—the cold-blooded murder of twenty-seven-year-old Samia Imran in
April 1999 in the office of her lawyers Asma Jahangir and Hina Jilani, at the
behest of her enraged family. The case caused a huge outcry throughout
the country, especially over the failure of police to make any arrests and the
hesitation of the state to provide security for human rights lawyers Asma
Jahangir and Hina Jilani, who were threatened by supporters of Samia’s
family (Press 1999).
Women’s and human rights groups described Samia’s murder not as the
issue of violence against women but as an “outrage in Pakistan’s human
rights history and a matter that had shaken ‘all concerned and conscien-
tious citizens’” (Press 1999). Apart from the issues of safety, there was
indignation that the incident was “an open challenge to the government
and institutions of law enforcement” (Press 1999). In a press statement a
group of human rights organizations stated that:
The deafening silence maintained by the government and State institu-
tions on this incident is also a matter of grave concern for all citizens.
No section of the government has condemned the murder or the
74 amina jamal
arena; and, in so doing, they received little support from either politico-
religious parties or secular nationalists. Thus the historical experience of
Islamization, which necessitated bourgeois women’s reexamination of
their relationship with the state, has also led to a reappraisal of their
relation regarding secular nationalist modernity. As illustrated by the
Senate debates in the Samia case, Islamization as played out in the space
of public politics and parliament has revealed the cracks in the relationship
between women activists and self-styled modernist nationalists. The past
few years, therefore, mark a shift in middle-class professional women’s
subjectivities in relation to the project of nationalism (Jalal 1991; Mumtaz
and Shaheed 1987).14
By unsettling traditional demarcations of home and street, by challeng-
ing both modernist nationalist and Islamist constructions of private and
public, by going international, beyond nation-state limits in their struggle
for universal rights, middle-class women in Pakistan are in some ways
challenging the role assigned to them in Chatterjee’s definition of the
project of anticolonial nationalism (1993). To gauge their success or failure
we need to highlight, in addition to changes at the material level, what
Sinha refers to as women’s “rhetorical agency” in constructing new subject
positions through appropriation of modernity (1999, 208). Such agency
can be properly apprehended by paying closer attention to the ideological
and political dimension of women’s struggles in specific situations rather
than its legislative aspects (Sinha 1999). As Sinha shows in the case of
Indian women organizing in the Child Marriage Restraint Act (Sarda Act)
of 1929, discursive constructions and historical acts of discursively
constructed subjects cannot be separated; rather, they transform each
other. It is by underlining this transformative link that we can understand
the process of subject production as historically contingent. Sinha shows
that organized women constructed fresh subject positions for themselves
that contested the reformist claims of both colonial and nationalist
modernity. Following Sinha, one can argue that bourgeois women’s
activism against the nationalist project of Islamization in Pakistan marks a
politically transformative moment. Central to this moment is activist
women’s holding out, through their emphasis on universal human rights,
democracy, and global feminism, the ideal of a new citizen-subject that
could transcend not only the differences of gender, class, religion, and
ethnicity but also the nation-state and its insistence on cultural national-
Conclusion
76 amina jamal
such as “nation” and “home” and destabilizes anticolonial nationalisms by
calling into question their ability to fulfill their liberatory claims for all
those who are theoretically included in the concept of the nation. She
argues that the face of postcolonial feminism must look “outward” in
order to challenge the repressiveness that underlies the postcolonial nation
and nation-state. Thus the “internationalism” of activists such as Helie-
Lucas of Women Living Under Muslim Laws both disrupts and exceeds the
internationalism that is rooted in nation-state or workers’ struggles
(Spivak 1993, 162). In so doing, it demonstrates the use of both strategic
essentialism and persistent critique (Spivak 1993, 162). Therefore, for
Spivak, Helie-Lucas, in calling for internationalism, is not just invoking
universal sisterhood or universal rights of the individual, but she is calling
into question “the essentialized notions of home as a basis of woman’s
identity in exogamous societies where home is in fact a radical exile fixed
by her male owner” (Spivak 1993, 162). It is an attempt to disrupt the
regime of power/knowledge that upholds ideas about “home,” “family,”
and “nation” and, through these, the repressive construction of “woman,”
“daughter,” and “wife.” As Spivak suggests, we should read this kind of
internationalism as being oppositional to the nationalist project that is
repressive of woman in the nation-space.
Consequently, I have tried to read elite women’s appropriation of
universalist and essentialized notions of woman and citizen as a
counterhegemonic move aimed at shaping the public/political space in
Pakistan in such a way that new subject positions could be located from
which to challenge patriarchal nationalism thinly veiled as either modern-
ism or Islamization. In so doing, I have attempted to offer a reading of
feminist discursive practices in Pakistan that suggests a fresh engagement
of women with both Islam and modernity. I propose that such a reading
takes us beyond the Islam versus modernity debate by enabling Muslim
women to pose another question: What discursive conditions of “Islamiza-
tion” make it necessary for women in Pakistan to privilege discourses of
universal (Western) modernity despite their problematic epistemological
and political connotations?
notes
A draft of this essay was presented for discussion at the Ford Faculty Seminar at
the Five Colleges Women’s Studies Research Center, Mt. Holyoke, in November
2003. I am grateful to the FCWSRC and Ford Foundation for according me the
78 amina jamal
10. Sura 5–33:35 as cited in the WAF position paper reads:
For Muslim men and women
For believing men and women
For devout men and women
For true men and women
For men and women who are patient and constant
For men and women who humble themselves
For men and women who give
In charity, for men and women
Who fast (and deny themselves)
For men and women who
Guard their chastity, and
For men and women who
Engage much in God’s praise
or them has God prepared
Forgiveness and great reward.
11. AGHS is the law office of Asma Jahangir and Hina Jilani. The letters represent
the intials of the four women lawyers who founded the organization.
12. I am grateful to AGHS for providing access to their clipping file on the Saima
case, and to Dawn (Kimachi) for their files on women’s issues and Islamization.
These clipping files are the sources for some of the news reports and news
articles cited without page numbers in this essay.
13. Since coming to power in 1999, General Pervez Musharraf has condemned
honor killing and declared it a crime; however, the practice continues unabated
due to lack of implementation. See “Musharraf for Debate on Hudood Ordi-
nance: Honour Killing a Crime,” Dawn, 11 February 2004, 1.
14. This is also reflected in Pakistani activists’ efforts in recent years to build ties
with progressive groups in India in the face of mounting militarism between
the two states.
15. Compare with earlier campaigns such as those around the Family Laws in the
1960s. The change I argue that occurred in women’s struggles during Zia’s
regime was not simply a political strategic change but also a subjective one.
While bourgeois women in the 1960s couched their demands in terms of a
tradition versus modernity debate, the present-day struggles avoid this
language in their unequivocal demands for universalism, pluralism, and gender
neutrality from the state.
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