



|
APPROVED IN ISLAM, DENOUNCED BY THE STATE: THE REPRESENTATION
OF POLYGAMY IN EGYPTIAN POPULAR CINEMA, 1950s-1970s
Shmulik Bachar*
For many centuries, polygamy has been one of the pillars
of Muslim patriarchal society, based on Koranic permission
for men
to be married to up to four women at the same time. In the
last century, voices calling for reform in the Arab and Muslim
world have been leading campaigns for the advancement of
women's status; the call for a ban on polygamy is an integral
part of this campaign. In Egypt, where reformists have
been particularly prominent, the struggle between religion
and modernity became more intense with the establishment
of the Egyptian nation-state. The Nasserist revolutionary
regime promoted social laws and reforms for the improvement
of women's status in order to lead the state to social, economic,
and cultural development. However, in the fight for changing
personal status laws, the conservatives had the upper hand.
Polygamy was never banned, although some procedural limitations
have been instituted. Still, despite religious authorization
and the state's incapability and unwillingness to confront
the religious establishment on these matters, popular culture--with
popular cinema in its lead--has chosen to deal with polygamy
in several feature films, taking an unequivocal stand against
it. The films claim that polygamy violates social and moral
order, and furthermore, that it is inappropriate in a society
striving for progress and development. In addition, these
films echoed the reformists' voices, which maintained that
polygamy was unacceptable even according to Islam. Cinematic
representation thus sends a clear message, the likes of which
has not been passed through legal and juridical means. Nonetheless,
it would be wrong to assume that an anti-polygamy agenda
is pro-feminist or revolutionary. On the contrary, it is
a national message for the preservation of patriarchal stability
in a society aiming at progress and development without breaking
existing moral and cultural boundaries.
THE
RELIGIOUS ASPECTS OF POLYGAMY IN THE MUSLIM WORLD: TRADITIONAL
AND REFORMIST PERSPECTIVES
Polygamy
has been considered one of the pillars of patriarchal society
in the Arab and Muslim world for many centuries. During the
pre-Islamic era (also known as the jahiliyya), polygamy
was widespread and unlimited among Arabian
Peninsula tribesmen. This was especially due to circumstances
in which violence, murder, and revenge characterized that male-dominated
society, thus creating a demographic imbalance in which women
outnumbered men significantly. In its primary stages, Islam
had to acknowledge that reality, and therefore polygamy as
an institution was rehabilitated.[1] Still,
the Koran made a particular reform by limiting to four the
number of wives that men could be married to at the same time
(in addition to an unlimited number of female slaves). According
to Chapter 4 of the Koran (Surat al-Nisa, The Women),
Verse 3:
And if you fear that you shall not be able to deal justly
with the orphan girls, then marry (other) women of your choice,
two or three or four, but if you fear that you shall not be
able to deal justly (with them), then only one or (the captives
and slaves) that your right hands possess. That is nearer to
prevent you from doing injustice.
It seems that since its early days, Islam's treatment of
polygamy has been cautious. However, the ambivalent wording
of the Koranic
law actually institutionalized the status quo, thus
making a coincidental and circumstantial reality perennial,
as Ahmed Souaiaia maintains.[2] According to the hadith (the sayings
of Muhammad), Muhammad ordered all converts to Islam who were
married to several women to keep only four. These traditions
clarify the vagueness of Verse 3,
in which there is no explicit ban on marrying more than four
women simultaneously.[3] The Koran obliges men to treat their wives equally,
but this restraint depends upon a man's conscience; therefore,
it is not considered a prerequisite to polygamy, according
to most commentators. All four schools of Islamic Law (madhahib)[4] unanimously
agree that a man does not have to get anyone's permission to
marry another wife (or wives). His right to do so, therefore,
is absolutely legal--provided he does not violate the existing
prohibitions.[5]
According
to Verse 129 in the same chapter, "You will never be able
to do perfect justice between wives even if it is your ardent
desire." Most commentators (among them al-Ghazali, d. 1111)
claim that since the Koran cannot contradict itself, this verse
refers only to the amount of affection men can provide for
their several wives. Therefore, they conclude that the principle
of justice and equality in polygamous marriages can be understood
only in material terms and not emotionally, because men cannot
control their feelings. These commentators maintain that even
if a man prefers one woman to the other, he should not neglect
the latter; he must therefore spend equal time with her day
and night and supply her with all her needs.[6]
Most
arguments in favor of polygamy maintain that this practice
protects sick, old, and barren women from divorce. Additionally,
it guarantees that men have descendants and continuity. Both
in urban and rural areas, sons are a symbol of wealth, social
status, and prosperity.[7] Furthermore,
polygamy solves demographic problems in times of war. Western
monogamy, on the other hand, leads to social inequality and
hypocrisy, according to traditional commentators.[8] In rural areas, polygamy is a
means for providing a cheap labor force--through reproduction.
In addition, wealthy villagers seek social leadership positions
by allying themselves through marriage with other economically
and politically powerful families.[9]
According to Islamic Law (Shari'a), a woman in a
polygamous marriage has certain rights, the most important
of which is the right
to live separately from her co-wives and her husband's family.
A woman who does not receive separate accommodation as she
pleases may refuse to live with her husband until he provides
her with these legally acceptable conditions. While the four
Schools of Law in Sunni Islam disagree on whether or not a
husband should provide his wives equal funding for their livelihood
and day-to-day expenses,[10] all
schools agree that a husband's financial responsibility to
each wife includes food and money supply, as well as taking
care of the children's future marriages.[11]
Despite
all these deeply rooted beliefs and practices, towards the
end of the nineteenth century and throughout
the twentieth century,
some Muslim scholars and intellectuals (especially from the
elite circles) began to voice different opinions on women's
status in general and specifically on polygamy. They stressed
that the Koran itself maintains that it is impossible for a
man to treat all his wives equally in every sense. They therefore
concluded that there was a Koranic prohibition on polygamy.
According to these scholars, the permission to be to married
to more than one woman simultaneously entailed conditions that
could not be met (based upon the combined understanding of
Verses 3 and 129 in Chapter 4, as quoted above). This thus
made monogamy the only acceptable marital arrangement in
Islam,
both morally and legally.[12]
One of the first people to call for the adjustment of Islam to the modern
era, and for a reform in the status of women was Muhammad Abdu
(d. 1905), who became the Grand Mufti of Egypt. Abdu opposed
polygamy. He said it might corrupt Muslim societies and should
be allowed only under urgent social necessity, as in times
of war, and even then tolerated only so long as the husband
treated his wives equally. According to Abdu, the conditions
that prevailed in the days of Muhammad were irrelevant in contemporary
society. Thus any justification for polygamy is eliminated.[13] In addition to Abdu, there were other reformists such as Qasim
Amin (d. 1908) and the feminist movement's leaders--headed by
Huda Sha'rawi (d. 1947) and Durriyya Shafiq (d. 1975)--who claimed
that polygamy was one of the most obvious characteristics of
women's subordination; they viewed it as a sign of inequality,
violating women's honor and ruining any chance of promoting
human rights and equality in Arab and Muslim societies as a
whole.[14]
POLYGAMY
IN EGYPT: LEGAL, HISTORICAL, AND SOCIAL ASPECTS
Throughout
the twentieth century, most Arab states enacted their own unique
personal status legal codes (dealing with matters of marriage,
divorce, and inheritance). Egypt was the first Arab nation to fight for
the codification of personal status laws and it was there that
the reform movement for the advancement of women originated.
Despite this, however, the country's laws lagged behind other
Arab states for decades. This was due to its reluctance to
adopt a unified code of personal status laws. Thus, while other
fields of law adopted the European Continental Law's shape
and content, Egyptian personal status laws were founded upon
Islamic Law. It is important, though, to note that since the
Free Officers' Revolution (July 1952), there has been a certain
process of codification, and these matters have been debated
in national civil courts--not in religious Shari'a courts,
which were abolished in January 1956 (according to the 1955
Law 462).[15]
Despite
the enactment of social laws for the betterment of women's
status and the regime's attempt (under Nasser
and his successors) to marginalize the role of religion in
state affairs, Islam was recognized as the state's religion.
This thus acknowledged the immense power of Islamic religious
and cultural discourse that has been so well entrenched in
Egyptian patriarchal society. The state's surrender to and
alliance with the religious establishment of al-Azhar and its
scholars (ulama) made the reform movement's battles
for change in the legal and social status of women, in particular
concerning polygamy, almost impossible.[16]
In 1926, the government appointed a committee that recommended
a change in the marriage and divorce laws that had been enacted
at the
end of the Ottoman era's reforms. This committee recommended
a restriction on polygamy, maintaining that it constituted
harm (darar) and discrimination--both forbidden by the
Koran. Still, most of the clauses that were meant to limit
polygamy were taken out of the final draft of the law by the
order of King Fouad (ruled 1917-1936), who regarded polygamy
as a means for improving birth rates and economic conditions
in rural areas.[17]
Therefore,
according to Clause 6 in the 1929 Personal Status Law (Law
25, which remained in
force until the end of the 1970s), if a woman whose husband
takes another wife (or wives) claims that he treats her discriminately,
in a way that prevents her from staying married, she asks the
court to grant her a divorce. If she can prove that the second
marriage caused her husband to neglect her and treat her unequally,
this is considered ill treatment and a sufficient condition
for the judge to approve her appeal. If there is no proof of
discrimination, the judge must appoint two arbitrators whose
task is to reach rapprochement between the couple. If a settlement
of the dispute is impossible, then divorce is declared (provided
that either the husband or both sides are at fault, or it is
impossible to determine fault).[18]
In 1979, President Sadat issued a presidential decree (also
known as the "Jihan
Laws," named after Sadat's highly influential wife) in which
women were entitled to ask for divorce in the case of the husband
marrying a second wife. However, due to immense pressure from
al-Azhar and the Islamic movements, in 1985, the decree was
declared unconstitutional. In the less liberal amendment to
the Personal Status Law (the 1985 Law 100) the decision on
whether or not a woman could file for divorce was once again
placed in the judge's hands. In addition, the husband was obligated
to declare his family status during marriage registration.
In 1994, another amendment was added to the 1985 law, stressing
that the judge would authorize divorce only if the wife proved
her husband's second marriage caused economic harm. She had
no right to file for divorce on psychological or moral grounds.[19]
In 2000, a new Personal Status Law was enacted after
long deliberations between the People's Council (Majlis
al-Sha'b) and the religious establishment of al-Azhar.
According to the new law, polygamy is permitted only when the
husband declares his family status in his new marriage certificate
and signs it as a notary document, where the name(s) of his
other wife (or wives) is written. This document must be sent
to the existing wife (or wives). In this case, the first wife
is entitled to file for divorce based on material or moral
harm. The judge must try to reconcile the couple. The woman
loses her right to file for divorce if over a year has passed
since she was informed of her husband's second marriage.[20]
According to data collected by J. Chamie on polygamy in the Arab world,
it turns out that the rate of Arab Muslim men who are married
to more than one woman at the same time is rather low (between
two and 12 percent in all Arab states). In Egypt, 3.8 percent of married
men in 1960 had more than one wife, a rate that remained stable
between 1947 and 1960. Between the years 1952 to 1978, the
rate of polygamous marriages out of all marriage registrations
in Egypt ranged between six
to eight percent.[21] A decisive majority of polygamous married
men had two wives (for example, in 1960, the rate was 92 percent,
while 6.8 percent had three wives, and 1.2 percent married
four wives). A large percentage of the women who had wed already
married men were previously divorced (about 45 percent) or
widowed (11 to 12 percent), while surprisingly 43 to 44 percent
are single. This belies the common belief that widows and divorced
women would rather marry men who were already married since
they find it harder to marry single men and out of fear for
their social status as unmarried--and therefore unprotected--women
in a traditional patriarchal society.[22] The older the man is, the greater his chances
of marrying an additional wife.[23] The
more educated a man is, the smaller the chances that he will
marry more than one woman.[24]
HISTORIOGRAPHY
AND POPULAR CULTURE
From the data that has been presented above, one may conclude
that polygamy is a rather marginal phenomenon in Egyptian
society, as well
as in other Arab and Muslim countries. This is not only due
to economic reasons (most men simply cannot afford spending
the necessary expenses), but also due to cultural and social
reasons. For example, since the beginning of the twentieth
century, polygamy has become less popular in light of--among
other things--the reformist discourse on this matter (which
has gradually permeated larger segments of the society). As
marginal as it may be, one must examine this phenomenon in
the broader perspective of women's status in Egyptian society,
which has always been considered a criterion for examining Egypt's success in its attempt to become a free,
modern nation. It was particularly important under the Nasserist
regime, which maintained that women's liberation was a prerequisite
to Egypt's development and to
the regime's nation-building project.[25]
As
will be shown below, Egyptian popular (and public)[26] cinema found polygamy and its social and
cultural consequences an important topic to deal with. Three
films that were made between the end of the 1950s and the mid-1970s
in which polygamy is discussed with a crystal clear unified
message are discussed. These films state that polygamy is wrong
and no longer acceptable in a society that strives for progress
and modernity. In spite of religious permission, which itself
remains rather vague and questionable, as explained above,
the state expresses its utter disgust, denunciation, and disapproval
of this long-lasting practice through the mediation of a powerful
social agent such as the cinematic medium.
It
is important to note here that up until the end of the 1990s,
the dominant attitude toward Egyptian popular cinema was one
of denigration: Both Western and Egyptian critics and researchers
claimed it to be a cheap imitation of Hollywood, lacking any kind of sophistication.[27] However,
since the late 1990s, a few Western researchers have been leading
a new approach. They claim popular cinema provides essential
information about a society undergoing changes and about the
visual texts to which that society is attracted, taking into
consideration the constant dialogue between filmmakers and
audiences and the latter's gender conventions.[28] As Armbrust claims, Egyptian cinema was
a vital ingredient in the construction of modernity and national
identity in Egypt. He also claims it served as a powerful
tool of indoctrinating the masses and promoting the bourgeois
lifestyle.[29]
Based
on this new approach, it shall be assumed that the Egyptian
feature film is a central medium of popular culture and a coherent
tool for social expression that enables the understanding of
how society deals with changes from within and explains to
what extent it is willing to accept and internalize them. All
cinematic genres, from melodramas to comedies, have been obsessed
with women, including questions of morality, values, traditions,
relations between the sexes, and other important issues stemming
from women's entering the public sphere. This continuous treatment
of women's issues in feature films may be the primary justification
for the use of this medium as a tool for understanding social
changes.
POLYGAMY
IN CINEMATIC REPRESENTATION: IT MIGHT BE PERMISSIBLE, BUT
STILL...
Forbidden Women (Nisa Muharramat) The
melodramatic feature film Forbidden Women (directed
by Mahmoud Dhu al-Fiqar, 1959) deals with the causes that lead
men to be married to more than one woman and the dangers that
lie in wait for such families. This is the story of Tawfiq
(Hussein Riyadh), a middle-aged wealthy businessman,[30] a pious Muslim, who has been married for the
past 25 years to his beloved wife Hafiza (Amina Rizq). Yet
their love is overshadowed by their inability to bear children.
Tawfiq envies his friends and employees for having many children
and directs his grievances to God. He asks why a wealthy man
such as himself does not have descendents while poor men have
so many children despite their economic difficulties.
During a conversation with his close friends, one of them
suggests that Tawfiq marry a second wife. This suggestion
arouses a lot of
anger from Tawfiq's young assistant, Ahmad, who is like a son
to the old man (and lives in the attic in the building that
Tawfiq owns). Ahmad develops a theological debate, during which
he maintains that God forbids polygamy. He brings forth the
Divine stipulation from Chapter 4, Verses 3 and 129, in which God orders his believers to settle
for one woman if they fear they will not be able to treat all
wives equally. Representing the reformist-modernist perception
of the Nasserist regime, young Ahmad, who belongs to the middle
class that led the Free Officers' Revolution, declares, "Polygamy
is forbidden!" However, he remains silent when one of Tawfiq's
friends says that a wife's infertility is a justified enough
reason for polygamy. When she hears about the idea, Hafiza,
Tawfiq's wife, reluctantly and painfully gives her husband
her approval, saying she is his wife, sister, and slave and
thus will be pleased with everything he does.
Tawfiq's second wife, Mahasin (Huda Sultan), a widow and
a mother to a 16- year-old daughter, turns out to be the
antithesis of humble,
dedicated Hafiza: She is a notorious woman, a cabaret performer
who drinks alcohol and sleeps with men. The matchmaker, however,
presents her as an ideal respectable woman in order to convince
Tawfiq to marry her and provide for her. Mahasin refrains from
telling her daughter about her marriage to an already married
man out of shame. After a few months of cohabitation in constant
tension, jealousy, anger, and hatred between the co-wives (darra in
singular), it becomes impossible for Hafiza to continue living
with Mahasin, who makes her life miserable. Consequently, Hafiza
leaves her home and moves downstairs to live alone.[31] Tawfiq
and his younger and more attractive new wife remain together,
and Tawfiq continues his attempts to get Mahasin pregnant in
order for him to have an heir. However, his love for his first
wife is still very strong. Tawfiq thus secretly (due to his
second wife's pretence of objection) goes over to her apartment
to spend time with her.[32] Meanwhile, Mahasin becomes acquainted with Ahmad, the fervent
young assistant, and a love affair develops between the two,
with Ahmad unaware that his lover is his boss's wife.
Despite the separation between the co-wives, the constant
struggle continues, until at a certain point the fight reaches
another peak. Hafiza
decides to defend her honor and rights. She mocks her husband,
wondering out loud why Mahasin does not get pregnant (thus
hinting at Tawfiq's infertility). In the heat of the fight,
Tawfiq slaps his beloved Hafiza, drives her out of the house,
and divorces her, while Mahasin, of course, gloats. However,
this is when things change for the worse for Mahasin, continuing
until the tragic end. She gets pregnant with Ahmad's child,
while Tawfiq thinks the child is his. When, at the end, Ahmad
realizes that he had an affair with his boss's wife--which makes
him an accomplice to this betrayal against his will--he wishes
to go over to Tawfiq and tell him who his wife really is. As
Ahmad is leaving the apartment, Mahasin stabs him in the back,
but before he dies, he strangles her to death. Tawfiq, who
had been eavesdropping all along, suffers a heart attack, but
watches with gratitude, as he is thankful to Ahmad for wiping
away the shame with Mahasin's murder. In the finale, Hafiza,
the beloved first wife, returns home. The reunited couple decides
to adopt Mahasin's daughter as their own.
In addition to the messages of the need to punish Mahasin
(and Ahmad) for adultery, wickedness, and immoral behavior,
the more important
message for the sake of this paper is the objection to polygamy,
as expressed by Ahmad at the beginning of the film. This also
conveys the state's perception of this matter concerning all
segments of Egyptian society. Quoting the Koranic verses on
polygamy and interpreting them according to the reformist perception,
Ahmad's words show that polygamy is unacceptable and unworthy.
Furthermore, the film shows how a man's life changes for the
worse when he chooses to marry an additional wife in order
to have an heir. Thus, the message is by far pro-monogamy:
A man should renounce the idea of marrying a second wife even
if his wife is barren, since polygamy's social and moral damage
is much worse. The film illustrates how a man cannot, in any
way, treat his wives equally. Therefore, despite the possibility
of interpreting the Koranic verses both ways, one should refrain
from choosing the polygamous option.
The Second Wife (al-Zawja al-Thaniyya)
Famous director Salah abu Seif made the film The Second Wife in
the genre of social realism in 1967 under the public cinema
sector. The film portrays women's intolerable status in the
villages of Upper Egypt and deals directly
with polygamy and its moral and social faults. This is the
story of Uthman (Salah Mansur), the village mayor (umda).
He is a wealthy, cruel middle-aged man[33] who has been married for many years to Hafiza
(San'a Jamil) without being able to bear children despite tremendous
efforts. Just like Tawfiq in Forbidden Women, Uthman
strives for male children and envies all the poor villagers
for having so many sons. He fears he might die without leaving
an heir to inherit his immense wealth. He blames his wife for
being infertile and convinces her that he should take a second
wife. He promises Hafiza that as soon as the child is born,
he will divorce the second wife, take her child, and give him
to Hafiza as if he were her own.
Uthman decides that he wants to marry beautiful Fatima
(Su'ad Husni, the
Egyptian cinema's Cinderella), who is married to Abu al-Eila
(Shukri Sarhan), a poor villager and the mother of his children.
This fact does not prevent Uthman from forcing Abu al-Eila
through threats and pressure to divorce his beloved wife in
the presence of the religious clerics, who fear the village
mayor and therefore support his immoral behavior. Immediately
after the coerced signing of the divorce, Uthman makes the
marriage registrar (ma'dhun) marry him and Fatima (who
is not even present). Due to the fact that according to the
Shari'a there has to be a period of three months of waiting
before the divorce is final,[34] Uthman
makes the ma'dhun change the dates on the marriage certificate
in order to enable the marriage.
At the mosque, the imam tells sobbing Fatima that
her marriage to Uthman is illegal since her husband was coerced
to divorce her.[35] Still,
the wedding takes place, and Hafiza, the first wife, fears
for her position. She tries to prevent her husband from spending
nights with his second wife. Fatima, for her part, does not even wish to compete with Hafiza and
promises Abu al-Eila that she would not in any case give in
to Uthman's attempts to have sex with her. She takes advantage
of the nights her co-wife spends with Uthman to be with her
beloved allegedly ex-husband. Fatima even gets pregnant while avoiding becoming intimate with Uthman
several times. When the latter finds out that Fatima is pregnant, he realizes that it is not his child. Fatima
takes advantage of the situation and starts behaving like the
mother of the heir-to-be and even declares that she would return
all the lands that Uthman has stolen from the villagers. A
symbolic moment is when Fatima gives birth
while Uthman dies after suffering a stroke. At the end, Fatima
reunites with her husband, while Uthman's brother becomes the
village mayor and promises to keep Fatima's
promise to the villagers.
Like the first film, this one also shows how polygamy destroys
familial stability and violates the moral, social, and religious
values
upon which communal life in the village are built. Uthman's
desire to have an heir for his property, for his land, and--foremost--for
his name caused him to ruin his marriage to a woman who loved
him (she almost committed suicide during the wedding ceremony
to the second wife). He also violated the moral and religious
code of sacred matrimony by forcing Abu al-Eila to divorce Fatima.
The film harshly criticizes the state's religious clerics,
who succumbed to Uthman's orders without objection. The film
was made in 1967, just after Egypt's defeat by Israel, when a wave of critical movies against
the regime began.[36] Thus, one might conceptualize Uthman as the
Nasserist tyrannical regime and the clerics as the religious
establishment of al-Azhar (which had become a part of that
regime back in 1961). These supposed men of faith had become
spineless and therefore a part of the governmental corruption
and decay.
I Shall Never Return (Abadan
Lan A'ud)
This melodramatic love triangle, which was directed in 1975 by Hasan Ramzi,
does not deal directly with polygamy, but interestingly enough,
the issue does arise during the course of the film. This is
the story of Dr. Ahmad (Rushdi Abaza), a modern, liberal, and
wealthy businessman (previously a university professor). Dr.
Ahmad is married to Huda (Nadia Lutfi), a woman who is presented
as the perfect role model for the Egyptian wife and who also
volunteers in health and welfare organizations. She is a loving
mother to Isam, their ten-year-old son. The family idyll is
interrupted during summer vacation in Alexandria, when a young woman named Su'ad (Safia al-Umri) enters
their lives after rescuing their son from drowning. The grateful
couple lets Su'ad enter their lives, but very quickly she takes
advantage of the situation and seduces Ahmad, who is fascinated
by her charms. This fling soon becomes a complicated love affair,
and Su'ad gets pregnant.
Ahmad rejects Su'ad's proposal that she have an abortion
and confesses his new love to his wife Huda, who is deeply
offended and demands
a divorce. Ahmad refuses to grant her one, and she leaves home
and goes to live with her uncle. From there, she plans to flee
to Europe with her son, since otherwise
Ahmad might take him away from her--after the age of ten the
father becomes the guardian of the son in the case of divorce.[37] Ahmad,
for his part, does not understand how his wife dared to leave
their home, while his friend Salah (Salah Nazmi) tries to explain
to Ahmad that he has been behaving in the worst possible way.
In a very telling moment, Ahmad complains, saying that according
to the Shari'a, it is a man's right to be married to
more than one woman at the same time.[38] His friend explains to him that today, there
is not a single modern educated woman who would agree to be
a co-wife.[39] He reminds Ahmad of Huda's loyalty to him
for many years and urges him to reconcile with her and end
his relations with Su'ad.
Still, Huda continues to demand a divorce until Ahmad consents
to grant her one. Ahmad then decides to marry Su'ad. However, on their
wedding day, Su'ad falls down the stairs and miscarries. She
thinks it is a Divine message, according to which the marriage
cannot take place. She decides to let Ahmad go and urges him
to reach reconciliation with Huda. Just before Huda's flight
to Europe, Ahmad arrives at the airport,
accompanied by friends and relatives who help him pressure
Huda to return home with him. She is finally persuaded, and
the group leaves the airport happily.
This film also expresses the modernist discourse that the state wishes
to promote in light of religious and social ambivalence on
the matter of polygamy. The episode during which Ahmad, who
looks and behaves like a modern man, wonders why he cannot
marry another wife despite religious approval, expresses most
vividly the continuous struggle between Islam and modernity.
Still, the plot develops in a way that signals to a male spectator
that despite religious authorization, polygamy is not the right
or respectable option. This is a clear triumph for monogamy
and a total revocation of polygamy as a normative social solution.
One should not conclude, however, that a liberal-feminist or
a humanitarian discourse is the necessary basis for this anti-polygamy
perception. Perhaps the more correct assumption would be the
understanding that modern educated people do not behave this
way anymore.
CONCLUSIONS
The establishment of nation-states in the Arab and Muslim
world since the beginning of the Twentieth Century has provided
new opportunities
for the development of women's social, legal, and juridical
status. However, the enactment of personal status and family
laws in these states exemplifies the complex relationship between
state and religion in Islam. Unlike other fields of law, personal
status laws are based on religious law and jurisprudence as
the primary source of inspiration and interpretation. Social
and political changes that have taken place over the last 50
years have brought about hopes and aspirations to improve Arab
societies. Still, attempts to promote reforms in the status
of women varied from one country to another, while in each
place the aim was to remain inside the religious framework.
This was permitted due to the flexible ability to choose rather
freely from within the four Schools of Islamic law while also
using procedural steps and regulations in order to bypass the
strict authority of religious establishments.[40]
Cinematic representation deals with the ambivalent relations between state
and religion and focuses quite often on the struggle between
tradition and modernity, between conservatism and progress.
Through popular culture in general and via the popular cinema
as a means of indoctrination in particular, the state, especially
in the 1950s and 1960s under the Nasserist regime, tried to
promote its agenda. It maintained that even though polygamy
was allowed as a religious practice (notwithstanding the controversial
aspects of that male prerogative), it should not be accepted
in a new society that wishes to reach progress and be regarded
as more enlightened. There is no hidden ideological message
in Forbidden Women; young Ahmad declares quite bluntly
that polygamy is wrong, thus echoing early reformists' rhetoric
in this matter. The feature film chooses other means to prove
that polygamy should be avoided; it shows what happens to social
stability as a result, from adultery to extramarital pregnancy,
murder, and an intense struggle between co-wives. All three
films convey the monogamist message, maintaining that the desire
for offspring is not a good enough a reason to put a happy
marriage at risk for the sake of a social practice that violates
sacred codes of equality and fair treatment of a man's spouse.
Even though this is a rather marginal social phenomenon,
it still seems that there is a need in popular culture to
deal with this issue,
and the messages conveyed through the silver screen are of
great importance. This is still a patriarchal society with
male-dominated values. Yet within these limitations, the important
message to society is that the moral and social faults of polygamy
outnumber the benefits. It seems that what the state is unable
to achieve through legislation and legal struggle--due to a
powerful religious establishment and a discourse that fears
change--it aims to do through its cultural agents. One need
not falsely think that the message is pro-feminist or an inseparable
part of the women's liberation movement. The goal of these
movies is to preserve a social order similar to the religious
elements but in slightly different way, in a way that corresponds
with the more general messages of the revolutionary ideals
and ideology of national development.
*Shmulik Bachar is a research fellow at the Institute for Policy and
Strategy at the Interdisciplinary Center, Herzliya. He is
a Ph.D. student at the Hebrew University of Jerusalem,
writing his dissertation on representations of urban women
in the Egyptian popular cinema in times of social changes
(1940s-1960s). Mr. Bachar also deals with other political
and social affairs related to the contemporary Middle East,
including: Egypt's social, political, and cultural history;
radical Islam and religious establishments; and the Iran-Syria-Hizballah
triangle.
NOTES
[1] Ahmed E. Souaiaia, "From Transitory Status to Perpetual Sententiae:
Rethinking Polygamy in Islamic Traditions," Hawwa,
Vol. 2, No. 3 (2004), pp. 290-91.
[3] Muhammad himself was married to nine women at the same time.
Sunni scholars who were asked to explain the contradiction
between Muhammad's conduct and the religious prohibition
maintained that Muhammad was exceptional and that what was
allowed for him is forbidden among the rest of the Muslim
community.
[4] The Hanafi School
is named after Abu Hanifa (d. 765); The Maliki School is
named after Malik ibn Anas (d. 796); The Shafi'i School is
named after Imam al-Shafi'i (d. 820); The Hanbali School
is named after Ahmad bin Hanbal (d. 855).
[5] Souaiaia, "From Transitory Status to Perpetual Sententiae," p.
293; Doreen Hinchcliffe, "Polygamy in Traditional and Contemporary
Islamic Law," Islam and the Modern Age, No. 1 (1970),
pp. 13-14; Roxanne D. Marcotte, "How Far Have Reforms Gone
in Islam?," Women's Studies International Forum, Vol.
26, No. 2 (2003), p. 156.
[6] Hinchcliffe, "Polygamy in Traditional and Contemporary Islamic
Law," p. 14; Marcotte, "How Far Have Reforms Gone in Islam?," p.
156; Souaiaia, "From Transitory Status to Perpetual Sententiae," p.
293.
[7] Laila S. Shahd, An Investigation of the Phenomenon of Polygamy
in Rural Egypt (Cairo:
The American University
in Cairo Press, 2001), p. 33. Many men, mainly in villages, marry a second
wife after their first wife gives birth to females. They
believe that a second wife might bring them male children,
despite the fact that it is the man who determines the
newborn's sex. Shahd, An Investigation of the Phenomenon
of Polygamy in Rural Egypt, pp. 23, 97.
[8] Marcotte, "How Far Have Reforms Gone in Islam?," p. 156.
[9] Shahd, An Investigation of the Phenomenon of Polygamy in
Rural Egypt,
pp. 16-17, 97.
[10] The Hanafi, Hanbali, and Maliki schools maintain
that this question must be evaluated according to the woman's
standard of living prior to marriage, whereas the Shafi'i
School maintains that an equal allowance should be given
to all women in accordance with the husband's financial capabilities.
[11] After a husband's death, his wives and children
share his property equally (in fact the children receive
most of it, especially his sons, since according to the Shari'a,
a brother receives as much as twice as his sister). Shahd, An
Investigation of the Phenomenon of Polygamy in Rural Egypt,
pp. 36-37; Hinchcliffe, "Polygamy in Traditional and Contemporary
Islamic Law," pp. 15-19, where there are many details on
what solutions Islamic Law provides for women who find themselves
in polygamous marriages against their will.
[12] Tunisian reformers adopted this point of view
in 1956, when personal status laws were legislated in the
country. Tunisia is the only Arab state to date that has
abolished polygamy. Hinchcliffe, "Polygamy in Traditional
and Contemporary Islamic Law," pp. 14, 26-27.
[13] Marcotte, "How Far Have Reforms Gone in Islam?," pp.
156-57.
[14] Ibid., p. 157; Shahd, An Investigation
of the Phenomenon of Polygamy in Rural Egypt, p. 11;
Orit Bashkin, Liat Kozma, and Israel Gershoni (eds.), Sculpturing
Culture in Egypt: Cultural Planning, National Identity
and Social Change in Egypt, 1890-1939 (Tel Aviv: Ramot,
Tel Aviv University, 1999), pp. 61-94; Qasim Amin, The
New Woman, (Cairo: The American University in Cairo
Press, 1995); Margot Badren, "Independent Women: More Than
a Century of Feminism in Egypt" in Judith E. Tucker (ed.), Arab
Women: Old Boundaries, New Frontiers (Bloomington and
Indianapolis: Indiana University Press, 1993), pp. 129-48;
Earl L. Sullivan, Women in Egyptian Public Life (Syracuse,
NY: Syracuse University Press, 1986), pp. 21-38; Margot
Badran, "Gender Activism: Feminists and Islamists in Egypt" in
Valentine M. Moghadam (ed.), Identity Politics and Women:
Cultural Reassertions and Feminisms in International Perspective (Boulder,
CO: Westview Press, 1994), pp. 202-27; Ghada Hashem Talhami, The
Mobilization of Muslim Women in Egypt (Gainesville:
University Press of Florida, 1996), pp. 2-28; Soha Abdel
Kader, Egyptian Women in a Changing Society, 1899-1987 (Boulder,
CO: Lynne Rienner Publishers, 1987).
[15] Guy Bechor, Between Vision and Reality: Law
in the Arab World (Herzliya: IDC Publications, 2002),
pp. 264, 266-67 (published in Hebrew); Essam Fawzy, "Muslim
Personal Status Law in Egypt: the Current Situation and
Possibilities of Reform through Internal Initiatives" in
Lynn Welchman (ed.), Women's Rights and Islamic Family
Law: Perspectives on Reform (London & New York:
Zed Books Ltd, 2004), pp. 30-57; Valentine M. Moghadam, Modernizing
Women: Gender and Social Change in the Middle East (Boulder,
CO: Lynne Rienner Publishers, 1993), pp. 109-16.
[16] Mervat F. Hatem, "Egyptian Discourses on Gender
and Political Liberalization: Do Secularist and Islamist
Views Really Differ?" Middle East Journal, Vol. 48, No. 4 (Autumn 1994), p. 664;
Bechor, Between Vision and Reality, pp. 264-66;
Shahd, An Investigation of the Phenomenon of Polygamy
in Rural Egypt, p. 11; Malika Zeghal, "Religion and Politics
in Egypt: The Ulema of al-Azhar, Radical Islam and the State
(1952-94)," International Journal of Middle East Studies,
Vol. 31, No. 3 (August 1999), pp. 371-99; Tamir Moustafa, "Conflict
and Cooperation between the State and Religious Institutions
in Contemporary Egypt," International Journal of Middle
East Studies, Vol. 32 (2000), pp. 3-22; Meir Hatina, "Egypt's
al-Azhar: Fortress of Orthodoxy and the Challenge of Modernity," Zmanim (Israel),
Vol. 74 (2001), pp. 43-55, (published in Hebrew); Talhami, The
Mobilization of Muslim Women in Egypt, pp. 18-28.
[17] Marcotte, "How Far Have Reforms Gone in Islam?," pp.
157-58; Shahd, An Investigation of the Phenomenon of Polygamy
in Rural Egypt, p.
11.
[18] Hinchcliffe, "Polygamy in Traditional and Contemporary
Islamic Law," p. 33; Fawzy, "Muslim Personal Status Law in Egypt," pp. 33-34.
[19] Shahd, An Investigation of the Phenomenon
of Polygamy in Rural Egypt, p. 12; Bechor, Between
Vision and Reality, p. 265; Fawzy, "Muslim Personal
Status Law in Egypt," pp. 35-44; For more details on the
Jihan Laws, see Talhami, The Mobilization of Muslim
Women in Egypt, pp. 74-122 (chapters 4-5).
[20] Marcotte, "How Far Have Reforms Gone in Islam?" p.
159. More details on the 2000 Law in Bechor, Between Vision
and Reality, pp. 280-87; Fawzy, "Muslim Personal
Status Law in Egypt," pp. 58-71.
[21] Accurate figures in J. Chamie, "Polygyny among
Arabs," Population Studies, Vol. 40, No. 1 (1986),
p. 58, table 2.
[22] Ibid., pp. 59-60; Shahd, An Investigation
of the Phenomenon of Polygamy in Rural Egypt, p. 103.
[23] More than six percent of men over 50 years old--urban
and rural alike--married more than one woman in the year 1960.
Exact details in Chamie, "Polygyny among Arabs," p. 61, table
6.
[24] 1.5-2 percent of men with secondary or academic
education married another woman, while 3.7-4.1 percent of
men with primary education or without education at all were
polygamous in Egypt in 1960. Chamie, Polygyny among Arabs," p.
62.
[25] Laura Bier, "Modernity and the Other Woman: Gender
and National Identity in the Egyptian Women's Press, 1952-1970," Gender and History, Vol. 16, No. 1
(April 2004), pp. 100, 107.
[26] It is important to note here that in the period
under inspection, the Egyptian cinema industry is split into
two: A part of it remained in private hands and continued
to make commercial films, while at the same time, the state
began to nationalize private companies in all sectors of
the economy. In 1963,
a part of the cinema industry was nationalized, when the
government purchased studios, filming equipment, and screening
halls. The public sector collapsed in the beginning of the
1970s, after making 145 films, about a third of the entire
426 films that were made between 1963-1972. The reasons for
this failure were mainly the lack of worthy management and
the lack of popularity of the productions among the masses.
Ziyad Fayed, The Revolution in the Egyptian Cinema July
1952-October 1973 [al-Thawra fi al-Sinama al-Misriyya
Yulyu 1952-October 1973] (Cairo: al-Hay'a al-Misriyya
al-Amma lil-Kitab, 1999), pp. 47-48; Ali Abu Shadi, Cinema
and Politics [Sinama wa-Siyasa] (Damascus:
al-Mada, 2002), pp. 41-105.
[27] Raymond William Baker, "Egypt in Shadows: Film
and the Political Order," American Behavioral Scientist,
Vol. 17, No. 3 (January-February 1974), pp. 393-423; Lizbeth
Malkmus and Roy Armes, Arab and African Film Making (London
and New Jersey: Zed Books, 1991); Samir Farid, "Periodization
of Egyptian Cinema" in Alia Arasoughly (ed.), Screens
of Life: Critical Film Writing from the Arab World, Vol.
1 (Quebec: World Heritage Press, 1996), pp. 1-18.
[28] Sherifa Zuhur, "Victims or Actors? Centering
Women in Egyptian Commercial Film" in Sherifa Zuhur (ed.), Images
of Enchantment: Visual and Performing Arts of the Middle
East (Cairo: The American University in Cairo Press,
1998), p. 213.
[29] Walter Armbrust, "The Rise and Fall of Nationalism
in the Egyptian Cinema" in Fatma Muge Gocek (ed.), Social
Constructions of Nationalism in the Middle East (New York: State University of New York Press,
2002), pp. 217, 221.
[30] This stereotype fits the data in Chamie's article
for 50-year-old men and even older, who own businesses and
are wealthy enough to marry more than one woman at the same
time. Chamie, "Polygyny among Arabs," pp. 60-61.
[31] It is her right, after all. Hinchcliffe, "Polygamy
in Traditional and Contemporary Islamic Law," p. 15.
[32] He is actually obliged to do so according to
Islamic Law. Hinchcliffe, "Polygamy in Traditional and Contemporary
Islamic Law," p. 15.
[33] The description fits the data from Chamie's article
about wealthy men over 50 years old, both in the city and
in the village, who marry more than one woman at the same
time. Chamie, "Polygyny among Arabs," pp. 60-61, 64.
[34] Idda, a legally prescribed period of waiting
during which a woman cannot marry someone else after being
widowed or divorced. Hinchcliffe, "Polygamy in Traditional
and Contemporary Islamic Law," p. 18; Bechor, Between
Vision and Reality, p. 276.
[35] The imam's argument is based upon the famous
Koranic notion, which maintains, "There is no compulsion
in religion." Chapter 2, Surat al-Baqara (The Cow), Verse
256.
[36] After the 1967 defeat, the regime provided a
wider scope for criticism, since there was a feeling then
public debate would help reorganize Egyptian society and
prevent another military defeat. Any criticism against Nasser
after 1967 was made through allegorical means. The 1968 film Land of Hypocrisy (Ard
al-Nifaq by director Fatin Abd al-Wahab is a good example
of this kind of allegory. Another film from the same year, Certain
Fear (Shay' min al-Khawf) by director Hussein
Kamal exemplifies the boundaries of criticism. The film,
which presents the story of a village gang leader, was prohibited
by the censorship, since it allegedly equated Nasser
to the gang leader. Nasser thought differently
and approved the film's screening, maintaining that his government
was not a gang, and that he was not a gang leader.
[37] Hadana. To read about this in more detail,
see Bechor, Between Vision and Reality, pp. 278-79.
[38] It must be recalled that this is a most surprising
remark coming from a supposedly liberal enlightened man who
should not have been considering polygamy in the first place.
After all, according to statistics, the more educated a man
is, the less he is inclined to seek polygamous marriage.
Chamie, "Polygyny among Arabs," p. 62.
[39] Hinchcliffe, "Polygamy in Traditional and Contemporary
Islamic Law," p. 19.
[40] Marcotte, "How Far Have Reforms Gone in Islam?," p.
158.
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