Sexuality and Reforms against Gender Violence in Islam, between Preachers and Law. Focus on Saudi Arabia, Pakistan and Morocco (original) (raw)

2019, Il Diritto Ecclesiastico

Religious Law of Islam, as a set of Ethical Rules destinated to the Community of Believers, also permeates the sphere of sexuality and clearly establishes what should be the behaviors among genres. Although Shari'a is crystallized with Constitutional status in the Legislation of the majority of Islamic States, there is a shy but progressive tendency towards Secularization of some Rules, particularly as regards to Sexuality and Protection from Gender Violence, to better adapt the Shariatic field to the needs of an evolving Society. Moreover, the transition between Qur'an, Sunnah and the Hermeneutics of Islamic Law Schools has found its justification in response to new needs arisen after the Qur'anic Revelation. The Manichean division between Lawful (halal) and Forbidden (haram), typical of Islamic Law and transfused into legislation of Islamic Countries, has inevitably permeated Sexual Sphere and Gender Relations, to protect Family (pillar of Islamic Society) and fight Gender Violence. In fact, the connection between Islamic Tradition and Legal Reforms had, as an effect, the proliferation of fatawas of Islamic Preachers on Ethical dimension of Sexuality and the promulgation of National Laws that protect Women from Abuse and Violence. The Debate on Women’s protection is fervent in Islamic world, where Feminist Movements are particularly active and find a growing consensus in Civil Society. Although foramally forbidden, Gender Violence is a widespread practice in Islamic Countries: Female Genital Mutilation, Forced and Early Marriages, Sexual Violence, Domestic Abuse are frequent and often State Institutions, led by Public Opinion, have launched Initiatives to stigmatize these harmful practices. Recently, in fact, as evidence of a new contextualization of Religion and Law in the Social Arena, some Countries such Saudi Arabia and Pakistan have adopted specific Laws against Gender Violence, while, in Morocco, legislation is being discussed in Parliament.