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"The Discourse of the Veil"
from Women and Gender in Islam: Historical Roots of a Modern Debate
by Leila Ahmed

1, Page 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, Display All

Leila Ahmed
prosperity and benefits for some classes but worse conditions for others. The principal beneficiaries of the British reform measures and the increased involvement in European capitalism were the European residents of Egypt, the Egyptian upper classes, and the new middle class of rural notables and men educated in Western-type secular schools who became the civil servants and the new intellectual elite. Whether trained in the West or in the Western-type institutions established in Egypt, these new "modern" men with their new knowledges displaced the traditionally and religiously trained 'ulama as administrators and servants of the state, educators, and keepers of the valued knowledges of society. Traditional knowledge itself became devalued as antiquated, mired in the old "backward" ways. The 'ulama class was adversely affected by other developments as well: land-reform measures enacted in the nineteenth century led to a loss of revenue for the 'ulama, and legal and judicial reforms in the late nineteenth century took many matters out of the jurisdiction of the shari'a courts, over which the 'ulama presided as legislators and judges, and transferred them to the civil courts, presided over by the "new men."

The law reforms, under way before the British occupation, did not affect the position of women. The primary object of the reforms had been to address the palpable injustice of the Capitulary system, whereby Europeans were under the jurisdiction of their consular powers and could not be tried in Egyptian courts. (The Capitulations were concessions gained by European powers, prior to colonialism, which regulated the activities of their merchants and which, with the growing influence of their consuls and ambassadors in the nineteenth century, were turned into a system by which European residents were virtually outside the law.) The reforms accordingly established Mixed Courts and promulgated civil and penal codes applicable to all communities. The new codes, which were largely based on French law, bypassed rather than reformed shari'a law, although occasionally, concerning homicide, for instance, shari'a law, too, was reformed by following an Islamic legal opinion other than the dominant opinion of the Hanafi school, the school followed in Egypt. This method of reforming the shari'a, modifying it by reference to another Islamic legal opinion, was followed in Turkey and, later in the twentieth century, in Iraq, Syria, and Tunisia—but not Egypt—in order to introduce measures critically redefining and amending the law on polygamy and divorce in ways that fundamentally curtailed male license.

Other groups besides the 'ulama were adversely affected by Western penetration and the local entrenchment of Western power. Artisans and small