I recently wrote this somewhere else (http://thenakedwriter.blogspot.com/). Also included are comments which I thought were pertinent to the issue.
____________________
Fatwa against Tomboys: Action and Reaction
A few weeks ago, the National Fatwa Council of Malaysia released a religious decree against women dressing like men, whatever those two identities - women and men - mean. A group of women from various NGOs decided to take to the streets to protest against this fatwa.
Rightly so. Before we can even disagree with the fatwa on trying to control the way women dress, the decree begs the question: what is it to dress like a man? To wear pants? Baggy t-shirts? Shirts without a female cut?
How much man-ness in clothing do we need to have to be considered tom-boys?
Under the syariah law of Malaysia, it is a crime to cross-dress from any one gender to another. Again, how much dressing is cross-dressing? Cosmetics on men? Flat shoes on women?
Unfortunately, the protests against this fatwa (accessed here: http://www.youtube.com/watch?v=ufgJWGmax-A - check out the comments below the video) uses alienating and dissenting language. The tone is condescending: “Short hair, who cares. Stupid fatwa everywhere.”
There are many problems with this chant: 1. it assumes that the fatwa is stupid. I agree that the fatwa is naive and archaic, but not stupid. Even if it is, calling it only 2. alienates the people we want to convince otherwise.
The main audience of the fatwa isn’t the people who are tomboys or who disagree with the fatwa. It is for those who came up with the fatwa, who support the fatwa, and who think women should not be dressing up as men. What a protest must do for its target audience, then, is engage these parties into seeing the issue with more open-mindedness, to arouse dialogue, and to initiate understanding. Engagement, not alienation.
Calling the fatwa stupid only alienates the parties who disagree with us and turns them away from any further discussion and contemplation. It confirms their suspicion of us as a group of people partaking in the many vices gender-variant members of the community are always accused of.
Short hair, who cares. Rights restricted everywhere?
Or as a friend tells me of a chant she once heard in Illinois: 2, 4, 6, 8 - How d’you know your daughter’s straight?
Why assume?
The Fatwa Council may have reasons behind their decisions - rather than to resist conviction, can we perhaps convince them otherwise?
COMMENTS:
1. I agree that the “Stupid fatwa everywhere” argument is overly simplistic, but it is often the case in political movements that you have to scream to be heard. While these protests probably are, as you rightly pointed out, not the most effective way to enact change, we cannot dismiss their value completely; after all, does it not bring awareness to the issue? Does it not inspire others, who may disagree with their tactics but still care about the same issues, to try to address the problem their own way?
This goes back to the issue of whether it is better to work from the inside or the outside. (Yay Wgs!) Working WITH the council probably will have more direct institutional influence, but if you are not in a position conducive to being listened to, then taking to the streets is not a bad way to start the conversation.
2. You are right when you say that the Fatwa Council have their reasons behind the Fatwa.Fatwas are not simply made,however,it involves deep discussions and debates among Muslim Scholars based on the Quran,the Prophet’s sayings,and also the context of our society.The fact that the fatwa might seem shallow to certain parties is due to the fact that the reasons are not communicated to the public.
My number 2 point is that these fatwas are laws that only govern muslims and are not imposed on those outside the religion.As much as a citizen of a country is required to abide the laws within his/her country,one who declares himself/herself a muslim is also required to abide the laws of Islam.I must also clarify that the fatwa of cross dressing is also imposed on muslim men.
3. Firstly, I want to address point no. 2. The issue of debate and protest over the fatwa isn’t about non-muslims fearing that we can’t do what we want to do. It’s the issue of protecting certain sectors of society who are unfairly repressed without being understood enough. Just as much as you claim that there are reasons behind the fatwa, there are also reasons behind people’s decision to dress up in certain ways. Why should one truth be greater than the other?
A rereading of the Quran and the Sunnah, as is done by Asma Barlas and Kecia Ali, shows us that the interpretation of Islam today, and the decisions made based on them, is constricted to very few people, from very limited backgrounds. Women, for one, are usually excluded although this did not use to be the case. (cf Aisyah, Fatimah, Hafsa).
I question the defense of certain fatwas on the basis that they are decided upon by highly religious and scholarly men, and then not explaining why the decision has been made that way. What happened to Ijtihad and Ijma? Why are fatwas being decreed without any evidence of critical reasoning and consensus?