women and education in the pre-modem middle east...
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Women and education in the pre-modem Middle East: Reconstructing the lives
oftwo female jurists (faqlhat).
by Saadia Yacoob
A Thesis submitted to McGill University in partial fulfillment of the requirements of the degree of
Master of Arts
Institute of Islamic Studies McGill University
Montreal
October, 2006
©Saadia Yacoob 2006
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ABSTRACT
Author: Saadia YacooD
Title: Women and education in the pre-modern Middle East: Reconstructing the
lives oftwo female jurists (faglhat).
Department: Institute oflslamic Studies, McGill University
Degree: Master of Arts
This thesis explores the education of women in the pre-modern Middle
East, particularly in legal matters. The goal of the work is to show that women
in the pre-modern Middle East not only had access to education but were also
learned in jurisprudence (figh). The work begins with a detailed discussion of
the pre-modern system oflearning. The first chapter explores not only the
educational institutions and methods of instruction, but also the avenues and
opportunities for education available to and utilized by women. The second
chapter concentrates on the lives oftwo female jurists (faglhat). The purpose of
this chapter is to explore in detail the methods by which these women acquired a
legal education and obtained their status as female jurists. This work is a
rudimentary effort at investigating .the role of women in the pre-modem system
oflearning and their access to and acquisition of a legal education.
SYNOPSIS
Auteure: Saadia Yacoob
Titre: Les Femmes et l'éducation dans le Moyen -Orient pré-moderne:
Reconstruire les vies de deux femmes juristes (faqlhat).
Département: Institut d'Études Islamiques, Université McGill
Diplôme: Master of Arts
Cette thèse tâche d'explorer le domaine de l'éducation des femmes dans
le Moyen-Orient pré-moderne, plus particulièrement du côté légal. Le but de
l'oeuvre est de montrer que les femmes dans le Moyen-Orient pré-moderne
avaient accès à l'éducation est qu'elles étaient aussi instruites en jurisprudence
(fiqh). L'œuvre commence par une discussion détaillée sur le système
pré-moderne d'apprentissage. Le premier chapitre explore les lieux
d'enseignement, les méthodes d'instruction et les occasions dont profitaient les
femmes pour s'instruire. Le deuxième chapitre se concentre sur les vies de deux
femmes juristes (faqlhat). L'objectif de ce chapitre est d'explorer en détailles
méthodes utilisées par ces femmes pour s'instruire en droit et obtenir leur statut
de femmes juristes. Cette thèse représente un premier pas vers le but de mener
une recherche sur le rôle des femmes dans le système d'apprentissage pré
moderne et leur accès à, et acquisition éventuelle, d'une formation en droit.
Il
TABLE OF CONTENTS
ABSTRACT •.•.•..•.•...•...•...•.•••.••••...•.•.•....••..•.•.•......•....•.•.•••.•.••..•...•.•.•....•.•.••......•.•... 1
SYNOPSIS ..•....•...•••...•....•..•...••.••.•.............•••••.•...•.......•.•••.•.•..•...••.•••.....•...••..••...•. II
TABLE OF CONTENTS .............•.•.....•••.•......•...•................•.•.......•••.•..•.....•.•.•••.. 111
ACKN'O'WLEDGEMENTS ..........•...........•.•.•....•.•.•.•..............•..••.•.•...•..•.....•.•..•.•.• V
IN'TRODUCTION ...................•.......•....•..................•...•...•....•••.•............................. 1
SECTION 1: WOMEN IN THE PRE-MODERN MIDDLE EAST: AN OVERVIEW OF THE
FIELD ..................................................................................................................... 3
SECTION 2: 1.'ABAQAT AND T ARAnM: DISCUSSIONS ON THE IDSTORY AND
SIGNIFICANCE OF BIOGRAPIDCAL DICTIONARIES ................................................ 10
Section 2.1: BiographicaJ works as historicaJ sources ................................. Il
Section 2.2: The significance ofwomen in biographicaJ dictionaries and
issues of representation ................................................................................ 16
SECTION 3: ON WRITING WOM;EN'S HISTORY ................................................... 20
CHAPTER 1: WOMEN AND LEARNING IN THE PRE-MODERN MIDDLE
EAST .•.•.•...•.........•.•.•.•••••....••.•.•...•..•.............•......•••••..•••..••.••••••.••..•.•.....•••..•...•.••.. 22
SECTION 1: INSTITUTIoNS OF LEARNING ........................................................... 23
SECTION 2: METRODS OF INSTRUCTION ............................................................ 37
SECTION 3: WOMEN AND LEARNING IN PRE-MODERN TIMES .............................. 44
SECTION 4: CONCLUSION ................................................................................... 50
III
CHAPTER 2: ACQUIRING A LEGAL EDUCATION: RECONSTRUCTING
THE LIVES OF TWO FEMALE JURISTS (F AQ1HAT) ................................... 53
SECTION 1: DEFININGTHE TERMFAQÏHA(FEMALEJURIST) ............................... 55
SECTION 2: THE TWO FAQIHAT (FEMALE JURISTS) ............................................. 56
Section 2.1: Amat al- Wi1Jid bt. al-Qaç/l AbJ 'Abd-Allah al-lfusayn b.
Isma'Il al-MalJiimili ...................................................................................... 56
Section 2.2: Fa.tima bt. 'Abbas b. Abiï al-Fatl} ...... ...................................... 62
SECTION 3: CONCLUSION ................................................................................... 69
CONCLUSION ..................................................................................................... 77
BmLIOGRAPHY ................................................................................................. 82
IV
ACKNOWLEDGEMENTS
AlI thanks are due, first and foremost, to the Creator who has blessed me
in ways that cannot even be recounted. 1 would also like to express my gratitude
to my advisor, Dr. Wael HalIaq, for aIl his support and encouragement. His
guidance and supervision have been crucial for my intelIectual dGvelopment. 1
am also grateful to Dr. Laila Parsons, Dr. Setrag Manoukian and other faculty
members at the Institute of Islamic Studies for their advice and assistance in
writing this thesis.
1 am thankful to the staff at the Islamic Studies Library, Salwa Ferahian,
Wayne St-Thomas and Steve Millier for their counsel and assistance. Their help,
especially in navigating through the library, has been essential to my research
experience.
A special thanks also goes to all my friends for our late night sessions and
chai conversations that have made this work possible. Lastly, but most
importantly, 1 would like to acknowledge the presence and love ofmy family,
and especialIy my mother, who has been the constant pillar in my life.
v
Introduction
Earlier this year, Morocco made headlines in newspapers throughout the
world for providing Muslim women with an opportunity that was heralded as
unique and unheard of in the Muslim world. This singular opportunity was the
permission for women to train as preachers (murshidat), lead religious
discussions, teach courses on Islam, and counsel people in need.1 In Turkey as
weU, female preachers (wa'izat) have been employed in state run mosques.
Among the responsibilities of these female preachers is to serve as deputies to
the jurisconsult (mufti) and teach courses on Islam.2 AdditionaUy, in 2003, an aU
female Dar al-Ifta' (panel for issuing legal opinions) was established in
Hyderabad, India. The legal opinions issued by these muftlyas (female
jurisconsults) concem issues related primarily to women.3
These opportunities have been hailed as revolutionary events that have
never been afforded to Muslim women before. The assumption made by aIl
individuals, those reporting these stories and those who brought about these
prospects, is that in the history of Islam, women have never had the chance to
function in such capacities. On rare occasions, the role of women in carly Islam
is acknowledged, however, here again the belief ho Ids that as time went on,
women progressively lost rights granted to them during the time of the Prophet.
l "Morocco Gets First Women Preachers." AIjazeera.net 2006. <http://english.aljazeera.net/NRlexeres/55410875-6CFA-4E19-9147-BDCB6ED3815A.htm> 2 Schleifer, Yigal. "In Turkey, Muslim Women Gain Expanded Religious Authority." The Christian Science Monitor 27 April 2005. <www.csmonitor.com/2005/0427/p04s01-woeu.htm> 3 Lancaster, John. "In India, Rulings for Women, by Women: Muslims Turn to Female Scholars on Varied Matters of Faith and Femininity." The Washington Post 5 Oct. 2003: A28.
1
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/ '
Leila Ahmed, a pioneering scholar in the field of gender and Islam, has argued
for example that the social practices ofthe early community of Muslims were far
more egalitarian than those that developed as the Arabs conquered new
territories and assimilated with more misogynistic populations.4 As she notes,
there are few studies that examine women and gender patterns in the Muslim
world before the 19th century.5 However, as 1 shaH argue here, the position of
women as preachers and scholars is hardly a historical anomaly. Far from being
the result of sorne increased emancipation for women in the modem era, the
education of females in religious matters was a common practice throughout
Islamic history. Thus, this thesis will concentrate on the education of women in
the pre-modem Middle East, particularly with regards to Islamic law. The
Introductory chapter has been organized into three sections. In the first section,
1 will provide a brief overview of the scholarship in the field of gender in the
Middle East. In providing this summary, 1 hope to lay down the context and
framework within which this work can be placed. The second section will
concentrate on the importance of biographical dictionaries as historie al sources.
Since such works were the primary sources used in writing this thesis, a brief
discussion of their importance is necessary. Lastly, the third section of the
Introduction will detail a few reflections on writing women's history.
4 Ahmed, Leila. Women and Gender in Islam: Historical Roots of a Modem Debate. New Haven: Yale University Press, 1992: 67. 5 Ibid., 1992, 2.
2
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Section 1: Women in the pre-modern Middle East: An overview of the field
The Muslim woman has long been an object of study and has been constructed
into the stereotype of the veiled and oppressed. For many Islamicists,
particularly those interested in gender and law, the oppressive and patriarchal
nature of the law is a presumed position and much of the early scholarship on the
subject functioned within a paradigm of the "inevitability of domination."6 For
proponents of this theory, women's defeat by the legal system was certain
regardless of social realities reflected in historical documents that might suggest
otherwise. Gabriel Baer's work on women and the system of waqf (an
endowment) is a good illustration of this paradigm. Having described in great
detail women's involvement in the establishment and administration of awqaf
(endowments), Baer concludes that women primarily endowed their wealth to
protect their income and property from the male members of their families. He
further argues that despite these efforts, women eventually lost their wealth
since the endowed property eventually fell into the hands of males who gradually
became beneficiaries and managers of the endowments. The institution of waqf,
Baer thus concluded, only served to weaken women's economic positions. There
were several assumptions, however, that underlay the author's conclusion. He
assumed initially that there was a tension between the genders owing to the fact
that women inherited property. Due to this conflict, women established
endowments to protect their property from men. Their efforts, however, were in
6 MacLeod, Arlene. "Hegemonie Relations and Gender Resistance: The New Veiling as Accommodating Protest in Cairo." SIGNS 17.3 (1992): 534.
3
vain since the property ultimately landed in the hands of men. Their domination
was unavoidable and any attempts to circumvent their position were futile.?
J.N.D Anderson, for example, also argued that historically, women in
Muslim societies were oppressed due to the patriarchal nature of the law.
Muslim women, he believed, lived in polygamous marri ages, constantly under
the threat of repudiation since men had an unconditional right to divorce.8 In his
Introduction to Islamic Law, Joseph Schacht argued that Islamic law considered
women to be inferior to men. This subordinate status accorded to females
manifested itself in lesser rights and duties in religious matters. Schacht states
that "as regards blood-money, evidence, and inheritance, she is counted as half a
man; she does not belong to the' iiJpla."9
However, since the 1970's, studies on women in the Middle East have
increasingly questioned prevalent assumptions and stereotypes about the Muslim
woman. This paradigm shift was influenced mostly by post-colonial
historiography and scholarship that questioned the assumptions and notions
employed by Western academia when studying non-Western cultures and
societies identified as the "other." The 1980's witnessed further developments
in a field that was being increasingly influenced by neo-Marxist theory, the
works of Foucault and poststructuralism.1o The works that emerged during these
7 See for example Baer, Gabriel. "Women and Waqf: An Analysis of the Istanbul Tahiir of 1546." Asian and African Studies 17 (1983): 27. 8 Anderson, J.N.D. ''The Eclipse ofthe Patriarchal Family in Contemporary Islamic law." Family Law in Asia and Africa. ed. J.N.D. Anderson. London: Allen and Unwin, 1968: 221-234. 9 Schacht, Joseph. An Introduction to Islamic Law. New York: Clarendon Press, 1982: 126. For an explanation ofthe term 'iJpla, see Schacht, 186. 10 Agmon, Iris. Family and Court: Legal Culture and Modemity in Late Ottoman Palestine. Syracuse: Syracuse University Press, 2006: 23.
4
two decades challenged many of the prevailing beliefs about and images of the
passive Muslim woman.
The earliest scholarship that sought to challenge popular assumptions
about gender in the Middle East concentrated mainly on quantitative analysis
and women's economic opportunities.1l Such works focused on women's
involvement in the system of awgaf, concentrating on their role as founders,
beneficiaries, and administ rat ors. In her study on wagf in Aleppo, Margaret L.
Meriwether, challenged Baer's assertions that women invested their wealth in
endowments to protect their properties from their male family members.
Instead, she argued that, at least in the case of Aleppo, women's endowments
were similar to those of men and these properties did not eventually return to
male ownership as argued by Baer.12 In his study of Bursa in the 1 i h century,
Haim Gerber too found that women were actively involved not only in the
system of awgaf but also engaged in the giving and taking of loans and were
financial partners in business and trade ventures. 13 In addition to studies on the
economic position of women in the Middle East, works such as Leslie Peirce's
The Imperial Harem explored the lives of the female elite. Again challenging the
image of the passive woman trapped in the confines of the harem, her work
focused on the politics of the imperial household during the sixteenth and
seventeenth centuries. Arguing against prevailing stereotypes, Peirce's work
11 See below for ex ample Meriwether 1997, Gerber 1980, and Jennings 1993. 12 Meriwether, Margaret. "Women and WaqfRevisited: The Case of Aleppo, 1770-1840." Women in the Ottoman Empire. Ed. M. Zeifi. Leiden: Brin, 1997: 128-152. 13 Gerber, Haim. "Social and Economie Position ofWomen in an Ottoman City, Bursa, 1600-1700." International Journal of Middle East Studies. 12.3 (1980): 231-244.
5
showed how female members of the royal household were also involved in the
politics of the Ottoman Empire.14
Though much of the work on gender in the pre-modem Middle East has
focused on the Ottoman period, works such as Yossef Rapoport's Marriage,
Money, and Divorce in Medieval Islamic Society concentrate on the Mamlük
period (1250-1517 CE).15 In his book, Rapoport seeks to challenge the
conventional belief that the prevalence of divorce is a product of modemity and
a symptom of society's departure from traditional family values. In analyzing
the biographical work of al-Sakhawl, Rapoport shows that at least a third of the
women mentioned in the work married more than once. His findings regarding
divorce led him to the conclusion that women in Mamlük society were probably
financially independent, perhaps due to their involvement in the textile industry.
Based on this observation, Rapoport argues that women were probably not as
dependent on their husbands as depicted in the writings of Muslim juristS.16 He
further maintains that women's increased opportunities for financial
independence probably allowed them to remain single for longer periods of time,
and thus challenge the patriarchal ideal ofwomen's financial dependency.17
Revisionist scholarship concentrated not only on women's financial
opportunities and eHte women but also on women's interaction with Islamic law.
This category of scholarship utilized Sharl'a (Islamic law) court records as an
14 Peirce, Leslie. The Imperial Harem: Women and Sovereignty in the Ottoman Empire. New York: Oxford University Press, 1993. 15 Rapoport, Yossef. Marriage. Money and Divorce in Medieval Islamic Society. Cambridge: Cambridge University Press, 2005. 16 Ibid., 2005, 6. 17 Ibid., 2005, 50.
6
object of study to detennine and understand the Iegal realities of women and the
avenues through which they negotiated their position in society.18 Islamic legal
opinions, coupled with court records, were drawn upon to understand the impact
of Islamic law on women. Such studies "have criticized the one-sided evaluation
of Islamic family law as a rigid and patriarchal institution and have also drawn
attention to Iegal mechanisms women may use to their advantage."19 One of the
earliest works ofthis kind was produced by Ronald Jennings in 1975. Jennings'
work concentrated on the legal position of women in the Ottoman city of
Kayseri in the sixteenth century. Amongst his results was the finding that the
women of Kayseri frequently approached the court with their problems. He
argued that the gam (judge) played a protective role and women depended upon
him to uphold their rights granted under Islamic law.2o
Subsequent scholarship reached findings similar to those of Jennings'.
Judith Tucker, for exampIe, also found that women approached the Sharl'a court
to demand their rights and that there was an expectation that the court would
accommodate their needs. According to her results, Islamic Iaw, as practiced in
Syria and Palestine, was not only flexible in practice but also in theory,
compensating women for its patriarchal bias. She gives as an ex ample of this
18 See for example, Tucker, Judith. In the House of Law: Gender and Islamic Law in Ottoman Syria and Palestine. Berkeley: University ofCalifomia Press, 1998; Seng, Y.J. "Standing at the Gates of Justice: Women in the Law Courts ofSixteenth-Century Uskudar, Istanbul." Contested States: Law. Hegemony, and Resistance. Eds. M. Lazarus-Black and S.F. Hirsch. New York: Routledge, 1994: 184-203; Peirce, Leslie. Morality Tales: Law and Gender in the Ottoman Court of Aintab. Berkeley: University of Califomia Press, 2003. 19 Moors, Annelies. "Debating Islamic Family Law." Social History ofWomen and Gender in the Modem Middle East. Eds. M. Meriwether and J. Tucker. Boulder: Westview, 1999: 143. 20 Jennings. R.e. "The Legal Position ofWomen in Kayseri, a Large Ottoman City, 1590-1630." Studies on Ottoman Social History in the Sixteenth and Seventeenth Centuries. Istanbul, ISIS Press, 1999: 120.
7
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flexibility with regards to the issue of divorce: the courts, she demonstrates,
while upholding men's privilege to unilateral repudiation, were nevertheless
careful about women's entitlements to dower and financial support and ensured
that these rights be fulfilled. AdditionaIly, in matters of annulmept initiated by
women, the court accommodated their needs by accepting and adopting more
flexible rulings from amongst the schools of law.21 Peirce's Morality Tales
represents another analysis of Shaii'a court records that helps us to understand
gender dynamics. Written as a microhistory of the city of Aintab in the
sixteenth century, this work too illustrates that the Shaii'a court of the city was
accessed by women and was a site in which the law was negotiated and
interpreted by the gam as weIl as by the men and women who brought their cases
to court. Furthermore, based on her observation ofwomen's interaction with the
court, Peirce concludes that the "law as process was considerably less sharply
gendered than normative law.,,22 In opposition to previous works that portrayed
a monolithic image of the presumably oppressed Muslim woman, this particular
type of scholarship provides a more complex and nuanced picture. The historical
image of women presented in such works is one in which they are independent
and active members of their society, both socially and economicaIly.
Challenging the idea of Muslim women cloistered in the harem, these studies
argue instead that seclusion was commonly practiced by upper class elite
women. As such, the practice of seclusion was an emblem of prestige and did
21 Tucker, Judith. In the House of Law: Gender and Islamic Law in Ottoman Syria and Palestine. Berkeley: University of Califomia Press, 1998: 180. 22 Peirce, 2003, 382.
8
not necessary entail passiveness or the lack of opportunities for women to
engage with their society.23
The contribution of revisionist scholarship in the past twenty years has
changed our im~ge and perception of the Muslim woman. The numerous studies
on women and waqf disputed the idea of the dependency of Muslim women,
arguing instead that women were economically independent and socially active.
Furthermore, studies based on Shan'a court records challenged the notion that
Islamic law essentially reinforced the oppression of women. These works instead
explored the interaction of women with the legal process, contending that the
Shan'a court was a space where the law was contested and negotiated by both
sexes.
However, despite these advances in scholarship, only a handful of studies
have focused on women's education, particularly in matters oflaw. As discussed
in Chapter 1, few of the works on the system of learning in the pre-modem
Middle East concentrate on the education of Muslim women or their
i~volvement in the scholarly community.24 Furthermore, the focus of studies on
the Shar1'a court records has been on law as process and women's interaction
with the court system. None of the research has yet explored women's
knowledge of the legal discourse. For example, whereas Jennings notes, in his
study of Kayseri, that women were able to understand and manage their own
23 Agmon, Iris. "Women's History and Ottoman Sharia Court Records: Shifting Perspectives in Social History." HAWWA 2.2 (2004): 177. 24 An exception which proves the rule is a recent work published by Omaima Abou Bakr on muhaddithat (female transmitters of ahadith). See Abou Bakr, Omaima. "Teaching the Words of the Prophet: Women Instructors of Hadith (Fourteenth and Fifteenth Centuries)." HA WWA 1.3 (2003): 306-28.
9
legal affairs, he does not explore the possibility of women's study of the legal
diseourse.25 It is within this framework ofrevisionist seholarship that l place the
study here presented. Following in the footsteps of previous works that have
ehallenged the monolithie and stereotypieal image of Muslim women, this thesis
will explore the education of women in the pre-modem Middle East, partieularly
in the field oflaw.
Section 2: '{abaqat and Tarajim: Discussions on the history and significance of
biographical dictionaries26
The primary sources utilized in this thesis to gather information regarding
leamed women are biographieal dietionaries. Thus, this section provides not
only a definition of biographie al dietionaries but also details their importance as
aeeounts ofhistory and the signifieanee ofwomen's inclusion within them.
The biographieal dietionaries used for this researeh are from the Mamliik
period. The use of biographie al dietionaries from this era is signifieant sinee
works eompiled during this time tend to include more personal information.
Rapoport argues that many of the biographieal dietionaries from the Mamliik
period are written like memoirs. In the entries, biographers usually provide
detailed personal information about their own lives as weIl as those of the family
members, friends and acquaintances whom they decided to include in their
25 Jennings, 1999, 120. 26 Tabaqat are "books of classes or categories," and, with regards to time, refer to generations. Tabaqat literature generally refers to biographical collections ofmen and women who lived at the same time and thus form a generation or category. For more information see Heffening, W. "Tabaqat" in The First Encyclopedia ofIslam. Eds. M.TH. Houtsma, A.J. Wensinck, H.A.R. Gibb, W. Heffening and E. Levi-Provencal. Leiden: Brill, 1987.214-215.9 vols. The word tarajim means biographies and refers to books that include biographical entries.
10
dictionaries. Thus, one can expect to find more biographical information, even
regarding the family and friends of an individual, in entries from a fifteenth-
century biographical dictionary than in one from the thirteenth cent ury.
Rapoport argues that Mamluk historiography can be seen in two stages. The
first stage includes biographical works written in the thirteenth and fourteenth
centuries by Syrian historians such as Abu Shâma, al-Yiinlnl, al-Jazarl, and al-
~afadi. These biographical dictionaries have a more pronounced literary style
and include an abundance of anecdotes, poetry and colloquialism. The works of
historians from the fifteenth cent ury, following the example of the famous
historian Ibn ijajar al-' Asqalanl, provide even more information about the
personal lives of individuals for whom there are entries.27 Thus, since the
biographical dictionaries drawn upon for this thesis were written mostly between
the thirteenth and fifteenth centuries, they perhaps provide us with more detailed
accounts of the lives of the women discussed in Chapter 2.
Section 2.1: Biographical works as historical sources
A biographical collection is a work of prose comprised of a series of biographies,
. and is divided into either general or restricted collections. The general
collections, such as al-~afadi's Al-wafi bi al-wafayat, include biographies of
people from aIl segments of society. The restricted collections are those that
include people from a particular intellectual group such as jurists or exegetes.zs
27 Rapoport, 2005, 9-10. 28 Al-QiicfJ, Wadiid. "Biographie al Dietionaries: Inner Structure and Cultural Significance." The Book in the Islamic WorId: The Written Word and COlmmmication in the Middle East. Ed. George N. Atiyeh. New York: State University of New York, 1995.94-95.
11
Biographical entries included in this paper come from both the general and
particular collections.
The origins of biographical collections are disputed. One argument put
forward is that their origin lies perhaps with the rise of the discipline of hadith
( oral traditions) and the need for accurate biographical information about
transmitters.29 The other argument, however, is that the origins of this genre lie
in the importance of genealogy and biography for the Arabs.30 Irrespective of
origins, as argued by Sir Hamilton Gibb, the biographical collections seem to be
a unique production of Islamic civilization.31
The earliest biographical collections appeared at the beginning of the
third/ninth century. The earliest works that are still extant are Ibn Sa'd's (d. 845
CE) KiÜïb al-tabagat al-kablr32 and Ibn SaŒim al-Jumal).l's (d. 845 CE) Tabagat
fuhlïl al-shu'ara' .33 These works, however, were preceded by single biographies
such as the Sira of the Prophet Muhammad (Pbuh)?4 The development of the
genre of biographical dictionaries at this early stage is significant since it
"indicates that the genre of biographical dictionaries evolved in Islamic
civilization at the time when that civilization was beginning to develop a clear
self-image, and when it was reaching towards formalizing its stances.,,35
29 Khalidi, Tarif. "Islamic Biographical Dictionaries: A Preliminary Assessment." The Muslim World. 63 (1973): 53. 30 Heffening 1987. 31 Gibb, Hamilton Sir. "Islamic Biographical Literature." Historians ofthe Middle East. Eds. Bernard Lewis and P.M. Holt. London: Oxford University Press, 1962.54-58. 32 Ibn Sa'd, Mul}ammad. Kitab al-tabagat al-kabIr. Vol 9. Leiden: Brill, 1904-1940. 33 Al-JumaJ}l, Mul}ammad B. Sallam. Tabagat fuhül al-shu'arîi'. Cairo: Dîir al-ma'îirifli aHibîi'ah wa al-nashr, 1952. 34 AI-Qîi<ft, 1995,97. 35 Ibid., 1995,97.
12
As mentioned previously, biographical collections began to appear early
on as historical writings were beginning to develop.36 The earliest biographical
dictionaries deal primarily with the field of poetry and religious leaming,37 while
the later collections began to inc1ude biographies of people in the field of
medicine and lit erat ure. The emphasis of these works, however, was to
document the lives of those individuals who were involved in the building of the
Islamic religious and cultural tradition. It is essential to note, as observed by
Gibb, that the genre of biographical dictionaries developed alongside that of
historical works.38 Thus, biographical works are an essential resource for any
study that seeks to understand pre-modem Muslim society and its influential
men and women. These biographies "provide the fullest and most complete
detail for the religious and intellectuallife ofthe Muslim Community throughout
its history ... without these works, indeed, no detailed study of Islamic culture
would be possible.,,39 As such, these works are important for studying the lives
and intellectual activity of women in pre-modem Muslim societies. Until
recently, however, the subject of Muslim women and education had been largely
ignored and biographical collections have yet to be utilized as source material for
leaming about scholarly Muslim women. These works remain an essential, yet
unharvested, resource that can provide information about Muslim women in
religious and intellectual circles.
36 Humphreys, Stephen R. Islamic History: A Framework of Inguiry. Minneapolis: Bibliotheca Islamica, 1988: 174. 37 AI-Qaqi, 1995, 101. 38 Gibb, 1962, 54. 39 Ibid., 1962, 58.
13
The earlier biographies, arranged by generations, were difficult to
navigate, making it an arduous task to locate particular individuals within the
text. The format of the works changed, however, and the entries began to be
divided into smaH periods of time and were arranged alphabetically within each
period. Later works went even further, abandoning the system of classification
by time period and arranged aH the data alphabetically.4o Entries on women
within these works are either found in a separate section or volume or are
dispersed throughout the text.
Ibn l:Iazm (d. 1064 CE), in his Maratib al- 'ulüm, mentions that historical
writings can be organized according to kingdoms or dynasties, countries, or
classes (tabagat).41 In his al-l'lan bi al-tawblkh li man dhamma al-ta'nkh, al-
Sakhawl (d. 1497 CE) includes an extensive listing of works of history.42 He
includes not only his own classification, but also a list of historical works
delineated by al-Dhahabl (d. 1348 CE). It is interesting to note that biographical
dictionaries are included in the list of historical works included by both authors.
AI-Dhahabl's famous Ta'nkh al-isIam,43 a historical work, is replete with
biographical entries. He mentions that, in selecting individuals to include, he
40 Heffening, 1987,215. 41 Ibn I-Jazm as quoted in Rosenthal, Franz. A History ofMuslim Historiography. Leiden: Brill, 1968: 37. 42 For more information see al-Sakhawl, al-l'lan bi al-tawblkh li man dhamma al-ta'rlkh. trans. RosenthaI1968,263-530. 43 Al-Dhahabl, M~ammad b. Al:pnad. Ta'nkh al-islam wa tabaqat al-mashahlr wa al-a'lam. Cairo: Maktabat al-qudsl, 1947.
14
/~ / .
~ ...
has made mention only of those individuals who are famous or near-famous men
and women and has omitted those who are not well known.44
AI-Subkl (d. 1370 CE) describes his Tabagat al-shafi'iyya45 as a book of
tradition, law, history, and literature. He mentions that those inc1uded in his
work are the "gems of wisdom of early Shafi'ites."46 Al-$afadi (d. 1363 CE), a .
contemporary of al-Sublà, details the benefits of studying the lives of the past
generations in his Al-wafi bl al-wafayat, a biographical collection used in this
paper. Discussing the concept of the "mirror of times,"47 al-$afadi argues that
studying the past generations gives people comfort by leaming about the lives of
people before them. The record of history also helps people be firm and
determined in the face of opposition because "emulation of the worthy men of
the past, therefore, is of direct value as an incentive to greater effort, for in their
stories is a 'moral to those who know' ."48 The role played by these biographical
works as sources that provide information about individuals who should be
emulated is evidenced by the following statement of al-Nawawl (d. 1277 CE) in
his Mukht~sar tabagat al-fugaha' :49
44 As quoted in al-Sakhawl, al-I'lan trans. Rosenthal, 392. This point is particularly important considering that he includes a biography of Amat al-Wïi1}.id Bt. al-Qaqi Abü 'Abd-Allah all!usayn b. Isma'Il al-Mal).àmiH, ajurist mentioned in this paper. This occurrenceattests to the fact that these female jurists, and Amat al-Wïi1}.id in particular, were not ordinary and insignificant scholars of their time. 45 Al-Subk1, Taj al-DIn 'Abd al-Wahhab b. 'AIL Tahaqat al-shafi'Iyya al-kubra. Cairo: 'Isa albabl al-l).alabl, 1964. 46 Khalidi, 1973,56. 47 Kutubl, another contemporary of al-Subkl, de scribes the science ofhistory as a "mirror of the times," and a way for people to come to know the experiences of communities. See Khalidi 1973,56. 48 AI-~afadi as quoted in Khalidi 1973,57. 49 Al-Nawawl, Muqyl al-DIn Abü Zakarlya B. Sharaf. Mukhtasar tabaqat al-fuqaha'. Beirut: Mu'assasat al-kutub al-thaqafiyyah, 1995.
15
The knowledge of the details of the life (ah)wal) of [religious] scholars graces students and scholars, and ignorance of them disgraces them. AlI those who are [intellectually] awake know that the knowledge of this subject leads to greatly improved standards, while ignorance in this respect is one of the reasons of baleful incompetence. These scholars are the keepers of religion which is the foundation of enduring happiness. They are the transmitters of the science [of traditions] which leads up to high rank [in the Hereafter]. The perfection of one of these scholars gives perfection to his scholarly production, and his confusion leaves a heritage of confusion and distortion. An acquaintance with these scholars is an acquaintance with models most worthy of imitation. 50
Section 2.2: The significance of women in biographical dictionaries and issues of
representation
The existence of learned women in biographical collections is neither
insignificant nor an exception. As mentioned above, biographies served as
records of history and provided significant information about prominent
individuals who were exemplars worthy of being emulated. Additionally, the
female scholars mentioned in this paper are by no means exceptions or anomalies
among the learned c1ass. A brief survey of biographical works reveals the
existence of several such women. Ibn Sa'd's (d. 845 CE) Kitab al-tabagat al-
kubra, inc1udes 629 entries on women out of a total of 4250 (15%).51 Later
collections, such as those of Ibn al-Jawzl (d. 1201 CEi2 and al-Sakhaw153 (d.
1497 CE), continue to inc1ude women in proportionally large numbers.
50 Al-Nawawl quoted in Al-Sakhawl, al-I'lan trans. Rosenthal1968, 302-303. 51 See Roded, Ruth. Women in Islamic Biographical Collections: From Ibn Sa'd to Who's Who. Boulder: Lynne Rienner Publishers, 1994: 3. 52 In his Sifat al-safwa, Ibn al-Jawzl includes biographical entries for 240 women out of 1033 total entries (23%). See Roded 1994,3. 53 9% of the biographicaI entries in AI-Sakhawl's al-Daw' al-Iami' li ahl al-qam al-tasi' are about women (1075 out of 1 1,691). See Roded 1994,3.
16
,r---, r The discussion on biographical collections above leads us to two
conclusions. Firstly, biographical works were a form of historical writing and
"had a share in Muslim historiography from the very beginning, and it [the
biography] eventually achieved a dominating position in it.,,54 The presence of
learned women in these writings is significant since it points not only to the
inclusion of women in Muslim historical writings, but also to their prominence,
since authors of these collections often wrote only about famous individuals.
Secondly, quantitative analysis shows that entries on women in biographical
works range from 23% to sometimes less than 1%.55 Thus, biographical
collections are undoubtedly a unique source for exploring the role of women in
the educated circles of pre-modem society.
Though the use of biographical dictionaries for the study of learned
women is an essential project, there are certain weaknesses to the approach that
should be clearly delineated. First, the authors of biographical collections are aIl
males and were prominent members of the intellectual circles of their societies.
In my research, 1 did not come across any biographical works, writings or
autobiographies where educated women represented themselves. Thus, the
information gathered regarding learned women is problematic since it is an
image presented by male writers. This particular limitation regarding
representation has a significant impact on the work at hand and our
understanding of these women. The aspects of the women's lives and their
personalities that are emphasized in the entries are primarily those that appealed
54 RosenthaI, 1968, 10 1. 55 Roded, 1994,3.
17
to the male writers. Additionally, since biographical works are mostly anecdotal
and narrative in style, only those characteristics of the person are highlighted
that make himlher stand out. Thus, "characteristics singled out as unique or
eccentric are often emphasized at the expense of analyzing how the subject fits
into her social environment. A woman's uniqueness is exaggerated because
biographers do not know the options and expectations their subject had, nor do
they have perspective on the time, place, and conditions in which she lived and
worked."56
It is also important to note that the activities that are noted in the entries
relate primarily to the women's participation in the public sphere. Perhaps due
to the practice of a certain level of segregation and the existence of clearly
marked gendered spaces, men usually did not have access to or knowledge of
happenings in female-exclusive spaces. Thus, the role played by these female
scholars in private settings, particularly those in which men were absent, are not
cited. It is essential to recognize, therefore, that the image presented of these
women, as weIl as the extent of their prominence and involvement in their
community is limited by the knowledge of their male biographers. A case in
point would be the example of Fatima bt. 'Ayyash, discussed in Chapter 2, who
is represented in different ways based on the biographer in question. Whereas al-
Safadi describes her activities as primarily related to preaching to women, Ibn
Rajab does not characterize her work in gendered terms but instead uses
56 Gordon, Ann. "The Problem ofWomen's History." Liberating Women's History: Theoretical and Critical Essays. Ed. Berenice A. Carroll. Chicago: University of Illinois Press, 1976: 79-80.
18
language that encompasses both males and females.57 Thus, to utilize these
sources without recognizing their limitations would be detrimental to this
project as the biographical dictionaries can be gleaned for information regarding
particular social and educational activities of individuals not for a comprehensive
understanding of the lives of these women. It is also important to note that the
lack of works authored by females, as mentioned previously, is no indication of
the extent ofwomen's literacy. In his observation ofthis phenomenon, Rapoport
argues that "the relative absence of female authors was not simply for want of
literate women; rather, the forms and the extent of female literary expression
were subject to social restrictions. In a society that attached high value to texts,
th h· . t "58 au ors IP was an empowenng ac .
The second limitation to the use of biographical dictionaries is that the
women represented in these works are exceptional by virtue of their inclusion in
the collections. Though educated women were by no means an anomaly, and
biographical dictionaries are full of entries on women who were noteworthy, it
should be recognized that these female scholars were probably an exception
among the population of women, similar to male scholars when compared to men
in general. Conversely, it is quite probable that educated women existed in
larger numbers than those represented in the biographical collections, since only
women of fame and eminence were inc1uded in these works. Thus, it would be a
mistake to make any conclusions based on these sources regarding women's
involvement and activity in society at large. This work should be recognized for
57 For further infonnation see Chapter 2. 58 Rapoport, 2005, Il.
19
what it is; the reconstruction of the lives of leamed women among the educated
elite.
Section 3: On Writing Women's History
In her book on the social history of women and gender in the Middle East,
Tucker discusses four areas in which writings on women's histories have been
pursued. The first area encompasses historical work that focuses on the lives of
women worthies or notable women. These individuals were generally members
of the elite c1ass of their society and had achieved a visible public image that
was recorded in historical documents. It is this first type of historical writing
that often utilizes biographie al collections and information to leam more about
the lives of these famous women. Authors of such works often make use of
information from different sources to recast historical events from a female-
centered perspective, recognizing and emphasizing the role played by women. 59
Histories of prominent females have not only challenged stereotypes
about the passive role of women in the Middle East, but have retold Islamic
history inc1uding women as active participants. However, as mentioned
previously regarding biographical works, historical works that concentrate
exc1usively on the lives of famous women have an elite bias that must be
recognized in order to put the full import of the work in perspective.
In recognition of the strengths and weaknesses of this approach, 1 present
this thesis as a historical work on women worthies. Since this research
59 These four areas ofhistorical writing are those that focus on women worthies, political and institutional history, social and economic hi st ory, and cultural history and gender discourse. For more information see Tucker 1999.
20
~ ..
concentrates on the lives of educated women, particularly those who engaged in
legal education, these female scholars were part of the scholarly elite and had
gained considerable fame that led to their inclusion in biographical works.
Similar to other works that have also focused on the lives of famous women in
the Middle East,60 this work is a rudimentary effort at re-presenting the image of
the scholarly community of the pre-modem Middle East by including female
actors that played an active role within it as both students and teachers.
In keeping with the purpose of this thesis, 1 have focused my attention on
women's education, especially women's legal education. In the first chapter, 1
focus on the pre-modem system of education and women's role within it. The
purpose of this chapter is to outline and detail the nature of the system of
leaming in the pre-modem Middle East and how it facilitated the education of
females. The second chapter then concentrates on the lives of two women who
were not only educated in general terms, but also leamed in matters of law. In
studying their lives, 1 am interested in exploring how the examples of these
women reflect the discussions on women's education in Chapter 1. 1 have
chosen these two female scholars in particular, not only because they were
leamed but aiso because they were well-versed in matters of jurisprudence and
were classified as female jurists (faglhat ).
60 See, for example, works such as Peirce 1993 and Memissi 1993.
21
Chapter 1: Women and Learning in the pre-modem Middle East.
In 1981, George Makdisi published his highly influential The Rise of
Colleges,61 a book that provides detailed information about the institutions and
methods of learning in the pre-modem Middle East. In addition to Makdisi,
Abdul Latif Tibawi and other scholars have also written on the topic of
education, many offering critiques of Makdisi's conclusions.62 Irrespective of
their differences, however, all agree upon certain aspects of the pre-modem
system of learning that are important for the topic explored in this thesis. This
system of learning was informaI in nature and revolved around the figure of the
teacher, with various institutions serving a supplementary role. The marginal
nature of the institutions allowed for learning to take place in numerous
alternative spaces, particularly in private homes. Despite the extensive research
done in this area, women's participation in this system, as both teachers and
students, has yet to be explored in depth.63 The litt le scholarship on this issue
does reveal, however, that women had access to and· opportunities for learning
and were active participants in this system as both teachers and st udents.
61 Makdisi, George. The Rise ofColleges: Institutions of Leaming in Islam and the West. Edinburgh: Edinburgh University Press, 1981. 62 See Tibawi, Abdul Latif. "Origin and Character of Al-Madrasah." Arabic and Islamic Themes: Historical, Educational and Literm Studies. London: Luzac, 1976.212-27. For works by other scholars see Berkey, Jonathan. The Transmission ofKnowledge in Medieval Cairo: A Social History ofIslamic Education. Princeton: Princeton University Press, 1992; Chamberlain, Michael. Knowledge and SocialPractice in Medieval Damascus. 1190-1350. Cambridge: Cambridge University Press, 1994; Ephrat, Daphna. A Leamed Society in a Period of Transition: The Sunni "Ulama" ofEleventh Century Baghdad. Albany: State University of New York Press, 2000. 63 Jonathan Berkey's book on medieval Cairo is one of the few works that explore women's participation in and access to education. For more information see Berkey 1992 and Berkey, Jonathan. "Women and Islamic Education in the Mamluk Period." Women in Middle Eastern History: Shifting Boundaries in Sex and Gender. Ed. N. Keddie. New Haven: Yale University Press, 1991. 143-157.
22
Perhaps it was the particuiarly informaI nature of the educationai system and the
peripheral nature of the institutions that facilitated women's access to
knowledge.
ln this chapter, 1 begin by exploring and describing the institutions and
methods of Iearning in the pre-modem Middle East. 1 highlight the
unceremonious nature of the system, the central role of teachers and the different
avenues utilized as sites oflearning. 1 then detail the issue ofwomen's access to
education, focusing on their roles as teachers and students and opportunities
available to them for acquiring knowledge.
Section 1: Institutions of Learning
As mentioned above, the methods of Ieaming in pre-modem Muslim societies
were primarily informaI and personal in nature. The teacher was the central
figure and the relationship between teacher and student held primacy over
institutions of Iearning. Perhaps the strongest indicator of the centrality of the
instructor is that information given for individuals in biographical dictionaries
often includes an extensive list of teachers, but rarely mentions the location or
institution attended by the student. As Jonathan Berkey states in his book on
Iearning in medieval Cairo, it was the reputation and excellence of the scholar
that attracted students, not the prestige of the institution.64 Furthermore,
Makdisi notes that masjids (mosques) were often named after the individual who
taught there, another marker of the focal role of teachers.65 ln his study of
64 Berkey, 1992, 18. 65 Makdisi, 1981,21.
23
medieval Damascus, Michael Chamberlain too notes that madrasas tended to be
fluid in nature and changed their forms eàsily. To illustrate his point, he gives
the example of the Mu'a~amiyya madrasa that converted into a mosque when
the waqf income could no longer support a madrasa-type establishment.66 The
works of several scholars on the subject of learning in the pre-modem Middle
East conelude that the educational process was not formalized and that
institutions did not develop a lasting identity and prestige separate from that of
the individuals who taught there.
The masjid, notes Makdisi, became one of the first centers of learning in
the early days of Islamic history. Cireles of leaming (halaqa) developed in the
masjids and came to be known as majlis. Derived from the verb jalasa. which
me ans to sit up, Makdisi argues that that the term mailis probably emerged from
the early practice of teachers attending prayer in the masjid and then sitting up
to teach.67 Quoting al-Baghdadi, he describes how the early generation of
Muslims used to attend Friday prayer and then sit up to teach the religious
sciences or the Sunna.68 The masjid, therefore, became a primary site of
education and this association of the masjid with leaming remained one of its
characteristics throughout Islamic history.69
Several terms were used to designate the different locations of learning
but, as Makdisi notes, it is difficult to outline exact definitions. The masjid,
jami', and later the madrasa, are among the severalloci for education. Makdisi
66 Chamberlain, 1994, 79. 67 Makdisi, 1981, 10. 68 Ibid., 1981, 1 L 69 Tibawi, 1972,24 and Makdisi, 1981, 12.
24
classifies the masjid and jami' as pre-madras a institutions and notes an
ambiguity in their definition. The masjid, he argues, was a place for prayer and
often a site for the instruction of one ofthe several religious sciences. The jami',
on the other hand, was a congregation al space where people gathered for Friday
prayer and was an avenue where, in contrast to the masiid, several subjects were
taught.70 He further notes that the jami's of Cairo and Damascus had zawiyas71
attached to them that were referred to as madras as and law was often taught
there. Jami's were relatively few, in eomparison to the masiid, and were
designated by the order of the ealiph who appointed individuals for teaehing
posts.72 Several subjeets were taught in halaqas, including the Qur'an and aIl the
sciences related to it. Additionally, oral tradition (hadith), exegesis (tafslr), law
(fiqh), legal theory (usül al-fiqh), grammar (nahw), and literature (adab) were aIl
among the topies taught?3 In Baghdad, however, Makdisi argues, the halaga
was not just a site for learning but also for issuing legal opinions (sing. fatwa),
sessions of disputation (munazara) and sermons (sing. wa'z).
In his book, Makdisi provides a linear narrative towards a formaI and
institutionalized educational system. The madrasa, he argued, developed in
three stages: from the masjid, to the masiid-khan eomplex (the khan was the
residence of students studying law at the masjid), to the madrasa.74 Though the
masjid had been present since the beginning of Islam, the madrasa as an
institution came into existence in the fifth/eleventh cent ury. By the
70 Makdisi, 1981, 12. 71 Zawiyas are living quart ers usually attached to the masjid. 72 Makdisi, 1981, 13. 73 Makdisi, 1991, 6. 74 Makdisi, 1981,27.
25
second/eight cent ury, Makdisi argues, the masjid had become an established
institution with a curriculum, paid staff and students (who were provided with
stipends). Built as a charitable foundation, the income from the wagf paid for
the salaries of the imam and teachers employed at the masjid. Furthermore,
leaming was provided free of charge since the student did not have to pay any
tuition. Makdisi places the course of study in the masjid at four years, thus
arguing for the existence of the khan that housed students studying at the
mosque. The essential difference, however, between the masjid and the
masdrasa, he argues, was their legal status. The masjid,· established with an
endowment, was considered as belonging to God and therefore no interference on
the part of the founder was legally admissible. The madrasa, though also an
endowed establishment, was an innovation with regards to its legal status.
Though the curriculum and nature of the madras a were the same as for the
masjid-khan complex, the substantial difference lay in the ability of the endower
to dictate particulars regarding the administration of the institution.75
Makdisi marks the transition from the masiid-khan complex to the
madrasa with the inauguration of the Madrasa Ni~amlya in 459 AHll067 CE
Founded by the vizier Ni~am al-Mulk (d. 1092 CE) in Baghdad, this madras a was
established, Makdisi argues, for the teaching of Shafi'I law. Ni~am al-Mulk
placed the madras a in the charge of Abu IsJ:;üiq al-Shlrazl who, having consented
to the appointment, failed to appear at the inauguration. MakdisÎ describes how
al-Shlrazl rejected the position due to reports that the materials for the
75 Ibid., 1981,33.
26
construction of the madras a had been unjustly appropriated. Al-Shlâizi later
accepted the position because his students indicated that if he continued to reject
the position they would go and study with the teacher who had been temporarily
appointed in his place. Makdisi sees this statement by the students as an
indication of how, with the development of the madras a, the prestige of
institutions began to trump that of the teacher:
The student's choice was henceforth to be influenced by economic necessity. Whereas previously he chose the prof essor on the basis of the latter's scholarship and renown, now he concentrated on achieving economic independence while pursuing his studies under the direction of the professor who happened to be appointed by Ni~am al-Mulk.76
Though Makdisi daims that the development of the madras a marked the decline
of the centrality of the teacher, it is interesting to note his mention of Ibn al-
Jawz1's account of the building of the Ni~amlya. When the great vizier heard
that Abü Is1)aq would not accept the teaching post, he responded by saying: "For
whom did 1 found this college if not for Abü Is1)aq?,,77 Far from affecting the
focal role of the teacher, the madrasa was perhaps built around the figure of an
influential scholar. The practice of establishing institutions for the employment
of a prestigious scholar was perhaps not an unusual practice. Abü al-Farj al-
Ba~r1, for example, had a madrasa founded especially for him when he retumed
to his hometown from Baghdad and took up the post of gadi.78 Contrary to
Makdisi's assertion, it was the prestige of the scholar that probably attracted
students to the institution, giving it a particular fame and reputation.
76 Makdisi, 1991,35. 77 Ibid., 1991,33. 78 Ephrat, 2000, 64.
27
~ ..
To Makdisi, the madrasa was the "Muslim institution of learning par
excellence,,79 and was devoted solely to the teaching of law. The masjid and
jami' were, according to his narrative, unrestricted sites of learning. The
madrasa, however, functioned more as an academic institution, with restricted
admissions (in the forms of stipends offered to st udents ), a specifie curriculum,
and examinations that were given before diplomas could be received. Though
Makdisi recognizes the informaI nature of the system, he argues for the graduaI
development of a more structured and restricted system in the form of the
madrasa and which was similar to the colleges in Europe. Makdisi's claim,
however, has not gone unchallenged and subsequent studies in this field have
stressed the persistence of informaI structure to education, despite the
development of the madrasa.
A.L. Tibawi disagrees with Makdisi's conclusion that the madras a gained
primacy as a place of learning. He maintains that the masiid and jami' were
always the cent ers of learning and continued to be so even after the
establishment of the madrasa.80 Tibawi further asserts that the~e is no proof for
the content of a curriculum that might have been taught at the madrasa, leaving
us with no conclusive evidence that law was the primary subject ofinstruction.81
Describing the early methods of learning, he lists two main educational
institutions, the maiIis and the maktab, as sites of instruction until the fourth
century AH. The maktab, Tibawi contends, was established for the elimination
79 Makdisi, 1981,27. 80 Tibawi, 1976,215-225. 81 Ibid., 1976,215.
28
of illiteracy and provided elementary education in grammar, poetry, history, and
the Qur'an. The maiIis, like the halaqa, was an open gathering of students
around a particular teacher. Both these establishments, he argues, were held in
severallocations, including the masjid, private homes, bookshops, or libraries.82
ln his study of medieval Cairo, Berkey also notes the personal authority
of the teacher and the flexible nature of the educational system. Like Tibawi, he
too conc1udes that despite the existence of several institutions of learning (the
masiid, jami', and madras a), the teacher remained the main actor in the system
and no institution gained a monopoly over the inculcation of knowledge.
Furthermore, he found that the development and spread of the madrasa in
medieval Cairo "never resulted in any formalization of the educational
process."83 Having studied the works of historians of the time (such as the
historian al-Maqrlzl)84 Berkey too noticed an ambiguity in the terms used to
describe the different institutions. In 1426 CE, the historian Ibn Iyas wrote
about the establishment of the madrasa of Sultan al-AshrafBarsbay, although, in
the endowment deed, the institution is referred to as a jami'. 85 According to
both Makdisi and Berkey, the madrasa is distinguished by its exclusive attention
to the teaching of law and the payment of salaries ta teachers. Some madras as
even provided for the accommodation of teachers and students. However, the
institution endowed by the Sultan fit the definition of a madrasa but was
endowed as a jami'. According to Berkey, this vagueness in terminology can be
82 Ibid., 1976,213. 83 Berkey, 1992,45. 84 See Al-Maqnzl, Taql al-Dtn. al-Muwa'iz wa al-i'tibar. 2005. <http://www.alwaraq.net/index2.htm?i=45&page= 1> 85 Berkey, 1992,48.
29
understood if we see it as a reflection of the diversity and range of the
educational system. Since the system was centered on the teacher, effectively
any place where the instructor sat and taught could be referred to as a madras a,
in a broad conception of the term. Berkey contends that to popular perception,
what was most important was the function served by these institutions, and thus
the labels and meanings assigned to the institutions could change ~ver time.86
Chamberlain too observed the unregimented and informaI nature of the
educational system in medieval Damascus. In discussing terminology employed
to describe students, Chamberlain notes that there were no specific words used
to characterize students or teachers within the madrasa. The term tilmldh
(pupil) was used for the student of a shaykh, irrespective of the location of
instruction. Similarly, learned individu ais were called 'alim or shaykh (or 'alima
or shaykha for females) and these labels did not correspond to employment at a
madrasa or any such institution. Moreover, several terms were used to denote
studying or learning and did not correspond to the student's enrollment in a
specific institution.87 Contrary to Makdisi's contention that the madrasas taught
a specifie curriculum, Chamberlain remarks that students usually chose their own
teachers and the subjects they wished to study.88 In his research, Chamberlain
found that there was a lack of evidence that would lead to the conclusion that
students who resided at the madras a followed a particular curriculum or studied
exclusively with the appointed lecturer. Shaykhs not employed at the madras a
86 Ibid., 1992, 50. 87 Chamberlain, 1994,76-77. 88 Ibid., 1994,87.
30
would also hold lectures there and students studied with them, as weIl as with
scholars who gave lectures outside of their particular madrasa.89 Contrary to
Makdisi's argument that the madras a became the center for legal education, in
Damascus, there is little evidence to suggest that the education provided in the
madrasa was different from that provided in circles and lectures outside the
institution. When acquiring knowledge in any field, the student's best
opportunity to build hislher own prestige lay in finding and studying with as
many renowned and distinguished teachers as possible. Thus, biographical
entries often note that students from far and wide came to study with a
particular teacher, the eminence and fame of the teacher, rather than of an
institution, attracting them. As Chamberlain argues, to restrict the avenues for
learning to lectures given in madras as alone would prevent scholars from having
a comprehensive understanding of how people obtained knowledge in the pre-
modem Middle East.
In her study of eleventh century Baghdad, Daphna Ephrat too found that
the establishment of the madrasa did not monopolize the avenues for learning.
She also remarks that biographical dictionaries about the learned community in
Baghdad rarely mention the names of the madrasas where the individuals
acquired an education. However, the entries are replete with information about
teachers with whom these scholars studied and any infonnation regarding the
location of their studies has to be reconstructed from altemate sources.90
Clearly, for the purposes of building one's reputation and standing as a scholar, it
89 Ibid., 1994,80. 90 Ephrat, 2000, 59.
31
was not the institution but the scholars with whom one studied that were
important. Ephrat asserts that despite the establishment of the madrasa, the
masjid maintained a strong role in the system of learning. In the middle of the
eleventh century in Baghdad, even after the establishment of the Ni?amlya, there
were six jami's and hundreds of masjids where scholars taught several subjects,
including law.91 Furthermore, individuals did not teach exclusively in one
location. Scholars who taught at a madras a often also taught at the masjid,
jami', or in private homes. Ephrat gives the example of Abü al-Qasim al-
Dabbüsl (d. 482 AH/I089 CE) who taught at the Ni?amiya but also taught figh
and dictated hadith at several masjids in the city. Abü Bakr al-Khujandi (d. 552
AH/1157 CE), another teacher at the Ni?amiya, had a permanent halaga at the
Jami' al-Qa~r where he dictated hadith.
Apart from the masiid, madras a, and jami " learning also took place in
khangahs and ribats. The khangah, established in Cairo in 1329 CE, was lead by
a shaykh who was not only responsible for the spiritual development of its
inhabitants but also taught a class in ijanafi figh.92 The Riba! al-Zauzanl, in
Baghdad, was founded and lead by Abü al-ijasan aI-Zauzanl who was a ijanbali
faglh. As Ephrat notes, the ribats of Baghdad gradually became cent ers of
leaming and the shaykh of the ribat was often a scholar who had ~ufi
inclinations.93 Despite their role as centers ofleaming, in the early years oftheir
development, ribats and khangahs primarily served the purpose of providing
91 Ibid., 2000, 70. 92 Berkey, 1992,49. 93 Ephrat, 2000, 49.
32
accommodations and meals for ~ufi mystics and the poor. However, they
gradually took on the role of educational institutions as well. Berkey's research
on medieval Cairo shows that khangahs established at the beginning of the
fourteenth century usually served no educational purposes; organized or endowed
classes were not held there. However, this began to change and the khanqah of
Mughul!ay al-JamaIi, built between 1320-1330, was established for the benefit of
a shaykh and twenty ~ufis who were students of the religious sciences and
subscribed to the Hanafi school of law. The beginning of the fourteenth century
saw the development of institutions that functioned as both madrasas and
khang ahs , such as the Aqbughawiyya, the Jawuliyya, and the Mihmandariyya.
The famous khangah of Jamal al-Dln Yusuf al-Ustadar, established in the
fifteenth century, had classes in aIl four schools of law, hadith, tafslr, and variant
readings of the Qur'an. Furthermore, the shaykh of this khangah was a teacher
of Shafi'i law and was responsible for leading ~ufi spiritual practices.94 The
ribat was also an institution established for the benefit of female ~ufis and served
as a center for learning. An excellent example is the Rib~t al-Baghdadiya, which
had an official position for a shaykha who was responsible not only for preaching
to the women and Ieading them in ~ufi practices but also for teaching them figh
(tafagqahunna).95
Learning also took place in the homes of learned individuals and this was
probably a common practice. Ahmad Shalaby writes that Ibn Sina used to read
from certain texts to large gatherings in his home. AdditionaIly, al-GhazaIi,
94 Berkey, 1992,56-57. Also see n. 28. 95 al-Maqr1z1, 2005, 1194.
33
after he retired from teaching, returned to his home-town of 1üs and taught
theology in his home.96 In the context of medieval Cairo, Berkey writes that
"several of the more than one hundred schools were simply preexisting mosques
or private houses for which a wealthy individual provided endowments to
support one or more courses."97 In Baghdad too learning took place in the
residences of scholars or their patrons who offered up their homes as a space for
holding halagas. Abü al-Qasim al-Jurjanl, a scholar of hadith, used to ho Id a
halaga at his residence for teaching hadith and fiqh. The vizier Abü al-Qasim al-
Zainabl, who was from a family of judges, held a study circ1e in his house and
often famous scholars of hadith would dictate there. Another vizier, Ibn
Hubayra is reported to have opened his home to the poor and the 'ulama'.
Ephrat quotes Ibn al-Jawzl who says that the 'ulama' often debated points of law
at Ibn Hubayra's home and the poor leamt how to read the Qur'an. Though not
aIl of these study sessions were held on a regular basis, sorne circ1es, such as the
Majlis al-N~ar of Qa<ft al-Simnanl, were permanent and regular sessions that
became famous in Baghdad. Ephrat describes that the houses of wealthy
individuals often had a separate family section and another area where guests
were entertained. It was in this sitting area, near the entrance of the house, that
study circles and discussion forums were held.98
Learning and teaching in private homes was also common for women.
Chamberlain mentions that in the context of Damascus there were several study-
96 Shalaby, Ahmad. History ofMuslim Education. Beirut: Dar al-Kashshaf, 1954: 29. 97 Berkey, 1992,46. 98 Ephrat, 2000, 71.
34
circles held in private homes where female scholars gave lectures and taught
other women the religious sciences.99 In his prescriptive treatise, al-Madkhal,
Ibn al-IJajj wrote about social practices in Mamllik Cairo that he believed were
contrary to the teachings of the Shan' a. In this book, he wrote about female
sessions being held in private homes and led by a female ~ufi (shaykha). Ibn al-
IJajj' s criticism of this practice was due to the fact that the women attending
these gatherings were involved in dancing and playing music and the shaykha
often told stories about the Prophets that were inaccurate. To provide an
example of these inaccuracies, he mentions that he heard that one shaykha
related a st ory that was blasphemous at the house of a religious scholar and no
one corrected her. lOo Though we are less interested here in Ibn al-IJajj's
criticism, what it reveals is a social practice of holding sessions in private homes
that were attended and led by women. Furthermore, it seems that at least on
certain occasions, if not on a regular basis, these women were also present in the
homes ofreligious scholars for the purposes oflearning. Opening one's home for
the benefit and instruction of the poor and destitute seems to have been a
common practice among the financially prosperous sections in these societies. In
addition to the home of the vizier mentioned earlier by Ibn Hubayra, there is also
the example of the home of a learned woman in Cairo whose family opened their
99 Chamberlain, 1994,81. 100 Lutfi, Huda. "Manners and Custorns ofFourteenth Cent ury Cairene Wornen: Fernale Anarchy Versus Male Shar'i Order in Muslirn Perspective Treatises." Wornen in Middle Eastern History: Shifting Boundaries in Sex and Gender. N. Keddie. NewHaven, Yale University Press: 1991, 115-116.
35
house for the moral and religious education of divorced and widowed women and
young girls. 101
The research of aIl the scholars discussed in this section leads us to
conclude that the systems of leaming in the pre-modem Middle East were
informaI and personal, centered around the teacher rather than institutions. As
noted by Daphna Ephrat, "it was not around the madrasas that the scholarly
networks, which constituted the core of the Baghdadi legal schools, were formed
and orbited."I02 Though the position of madrasas was not pivotaI in the
educational system, several individuals have concluded that they later came to
serve as establishments from which jurists and bureaucrats were recruited. This
process lead to the "creation of a religious establishment incorporated into the
state bureaucracy and dependent upon the military ruling elite."I03 Despite this
function, the system, even after the development of the madras a, continued to be
unceremonious and intimate in nature. Learning often took place in study circ1es
(halaga) that were held by scholars at different locations. These avenues
inc1uded the madrasa, masjid, jami', ribats, khangas, and often even private
homes. The prestige of the scholar held primacy over the site of acquiring an
education and it was with these scholars that student sought to study, rather than
in any particular institution.
lOI Berkey, 1991, 150. 102 Ephrat, 2000, 73. 103 Ibid., 2000, 8.
36
r-.. Section 2: Methods of Instruction
. As discussed in the previous section, the system of learning in the pre-modem
Middle East was informaI and centered on the teacher rather than institutions.
ln this section, 1 discuss the nature of the methods of instruction which
complemented the flexible and personal nature of the system.
Regardless of its location, studying always took place in the form of the
halaqa or circles. Ephrat describes the setup of the halaqa as a radical network in
which each student was connected to the shaykh as the central link. The
physical arrangement of the circle is perhaps the best indicator of the status of
the instructor. The teacher usually sat on a cushion or chair with the students
sitting close, forming a semi-circle around him. This seating arrangement not
only exemplified the centrality of the teacher but also the competence of the
students. The seating in the halaga was based on level of knowledge and
understanding of subject matter. The more competent the student, the closer
he/she sat to the teacher. As admissions were open to everyone, regardless of
age or knowledge, the teacher tested the level of the student through a process of
discussion and debate. According to this method, the academic aptitude of the
student was established based on discussions and responses to questions posed.
The position of students in the circle was constantly changing as the discussions
continued and the students progressed in their level of knowledge.104 Ephrat
104 Makdisi, 1981,91-92. See also Fischer, Michael M.J. Iran: From Religious Dispute to Revolution. Cambridge: Harvard University Press, 1980, who describes the contemporary methods of instruction in Qom that still follow the traditional methods ofleaming. Though AlAzhar has been through many efforts at reform and has been refashioned into a modem university, Qom has still maintained its traditional teaching methods. For more on reforms in
37
relates the story of Abu Bakr al-Dinawan, the favorite student of Abu al-Kh~t~ab
al-Kalwadhanl, to emphasize this process of assessment. When he first attended
the halaga of al-Kalwadhiinl, al-Dinawan sat at the end of the study circle. After
a discussion took place between him and another student, who sat in close
proximity to the teacher, the student himself relinquished his position in
recognition of al-Dinawan's excellence. As time went on, al-Dinawan moved
closer to the teacher until he had only two students between himself and al-
Kalwadhanl. Eventually, al-Dinawan was appointed by his teacher to take on
his position, after his death, at the al-Man~Ur Mosque.105 Another anecdote is
that of Abu Sa'd al-Mutawalfi who told his students that he attended the halaqa
of Abu al-ijiirith b. Abu al-Fa<}l al-Sarakshl and, as usual, sat at the end of the
class. After engaging in a disputation during the lecture, he was asked by Abu
al-ijiirith to move closer to him. Upon the initiation of another dispute, al-
Mutawalfi again responded and was asked by the teacher to move closer still.
This process continued until al-Mutawalfi came to sit next to Abu al_l:liirith. 106
These stories illustrate that the knowledge and competence of the student was
assessed primarily by the teacher, through a process of disputation rather than
any formaI examination.107 The shaykh of the halaga not only assessed the
competence of the student but also had exclusive say in admissions and the
subject matter that was taught. In the context of Baghdad, Ephrat notes that the
Al-Azhar see Heyworth-Dtmne, James. An Introduction to the History of Education in Modem .fum!!.. London: Luzac, 1939: 395-406. 105 Ephrat, 2000, 77. 106 Ibid., 2000, 79. 107 See for example Makdisi, 1981, 151 who argues for a more formaI process of examination that students of Iaw tmderwent in order to determine their competence and gain authorization (ijâziit).
38
teacher decided whether a student was to be allowed into the halaga, how often
the majlis was to meet, as ~eIl as the method and content of instruction. I08
Thus, the study circ1es, like the larger system of learning, were focused around
the figure of the teacher. Often the halaga of a teacher would fall apart after his
death since students would then attach themselves to other teachers. It did not
seem to be customary for the student of a teacher to take over his halaqa, unless
the teacher had appointed him to do so during his lifetime. So common and
entrenched was this system of independent study circ1es, and the position of the
teacher within it, that it continued to exist even after the establishment of the
madrasa. In fact, Ephrat argues that the madras a "was but a glorified halqa,"I09
Iacking the hierarchical structure of its contemporary institutions of Iearning,
such as the yeshiva or European colleges.
As mentioned earlier in his book, Rise of Colleges, Makdisi draws a very
formaI and institution-based picture of the pre-modem system of Iearning. He
argues that the madras a was like a college of law and students went through a
particular course of study. After completing this curriculum, the students went
through a process of examination and were given authorizations (ijaÛit) to
teach. IIO Though he also mentions the process of disputation and the seating
arrangement of students based on their level of knowledge, he argues for a more
systematized process of assessment. The goal of Islamic education, according to
Makdisi, was the training of jurisconsults (sing. muftI). Therefore, he argues
108 Ephrat, 2000, 79. 109 Ibid., 2000, 78. 110 Makdisi, 1981, 151.
39
that the process of disputation was crucial in this training, particularly for
advanced students. 111 He also argues that the level of knowledge of students was
indicated by the terms used to describe them. The mutafaggih was an
undergraduate student of law, whereas the faqih was either a graduate law
student or a jurisconsult. ll2 It was at this advanced stage oflegal studies, as the
individual was being prepared to take on the role of a jurisconsult, that Makdisi
acknowledges the role of disputation. He argues that the authorization to teach
law (ijaza fi al-tadrls) and issue legal opinions (ijaza fi ifta') was only given to
students after they passed an oral examination that tested their knowledge and
command over particular books that they had read. l13
This formai and systemized method of instruction, as suggested by
Makdisi, has once again been challenged. Tibawi mentions that there is neither
any direct evidence for a course of study in the madrasa nor evidence of a
particular curriculum that students had to complete.114 He further argues that
one cannot assume that the halaga was only attended by, or even exc1usively
intended for, scholars. These circ1es were open to aIl individuals who could
benefit from attending them. Thus, the "palqah had to be 'liberal' in its
approach to leaming."115 In discussing the theory and attitude towards
education, Tibawi points out that the scholars saw the relationship between
teacher and student as a spiritual bond. The connection between teacher and
student was likened to that of the father and child. In fact, the former was a
III Makdisi, 1981, 128. 112 Ibid., 1981, 172. lJ3 Ibid., 1981, 151. 114 See Tibawi 1976. 115 Tibawai, 1976, 18.
40
st ronger relationship since the teacher guided the soul of the individual, whereas
the father only brought the child into a transient world. 116 This intimate link
between teacher and student allowed for close interaction and learning, and
students were free to attend the halaqa of a particular teacher or study with him
privately, as Tibawi notes. ll7
Chamberlain, in his study of learning in medieval Damascus, also
challenges many of Makdisi's depictions of the madrasa as a college system.
Chamberlain notes not only a lack of emphasis on institutions, but also that the
learning system was very flexible and students decided upon the teachers and
subjects they wished to study. Once an individual decided upon a particular
subject, they worked with a particular shaykh and text. Additionally,
Chamberlain points out, even students at a madrasa did not follow an assigned or
specified curriculum of study, nor did they necessarily take classes with the
appointed lecturer of the madrasa.118 Furthermore, the reputation and knowledge
of a teacher did not seem to be related to an appoint ment at a madrasa. Learned
people were generally referred to as shaykh(a) or 'iilim(a) but these did not
indicate any appoint ment at an institution. The prestige of a teacher was not
associated with any official appoint ment and Chamberlain notes that shaykhs
who refused to take on positions at madrasas were highly regarded. Benefiting
from the stipend provided by the madrasa was possibly seen as a corrupting
116 Tibawi, 1972,39. 117 Ibid., 1972,39. 118 Chamberlain, 1994,80.
41
influence. 1 19 Berkey too states that there is no evidence of a fonnal degree
system at any of the institutions in major cent ers of learning. The knowledge
and reputation of the teacher and the text one studied remained the primary fonn
and method of learning. 12o As Berkey points out, the venue of instruction was of
secondary importance; "what was critical was the character and knowledge of
the individuals with whom one had studied.,,121 So common was the practice of
students choosing their own teachers that the process of selecting an instructor
was much discussed. As Berkey notes, the important factors in picking teachers
were their character, academic excellence in the subject matter and their
reputation. 122 These issues were of great importance since, in order to build
one's own reputation as an upcoming scholar, the task of the student was to
study with as manY reput able scholars as possible and gain authorizations
(ijazat) from them.
Ijazat were of several types, including those that were issued for a single
text as weIl as the more general authorization to teach (ijaza fi al-tadrls) and the
authorization to issue fatwas (ijaza fi al-ifta'). Ijazat could also be issued for the
transmission of a whole body of text that the teacher had studied or his èntire
corpus of knowledge.123 Regardless of its manY fonns, the ijaza was the me ans
of the spread of knowledge. It certified that the student had studied a text with a
particular shaykh and had the authority of his teacher to transmit it.124 Thus, the
119 Ibid., 199477. 120 Berkey, 1992,22. 121 Ibid., 1992, 18. 122 Ibid., 1992,22. 123 Chamberlain, 1994,88. 124 Berkey, 1992,31.
42
personal contact between teacher and student was essential, as the teacher
"imparted authority, an authority over texts and over a body of leaming that was
intensely personal, and that could be transmitted only through sorne form of
direct personal contact."125
The importance of issuing ijazat is better understood by looking at the
role of texts in the leaming process. In the pre-modem leaming system, texts
were considered important but could not be studied alone. The study of a text
with a teacher, through oral transmission, was considered superior to studying
alone. Texts, however, did play an important role in the leaming process and
students were encouraged to read, though not without the direction of a teacher
who could correct any mistakes the student might make in reading and
comprehension. In this system, knowledge was considered to originate from
leamed people, not from texts. Thus, Ibn Jama'a, in his treatise on education,
cautioned students about choosing teachers whose knowledge came from self-
study of texts rather than engagement with a leamed person. Studying books
alone "leads to spelling errors [ta~41f] and mistakes [ghala!] and mis-
pronunciation [tal).rlfJ. Whoever does not take his leaming ['ilm] from the
mouths of men is like he who leams courage without ever facing battle.,,126
The relationship between the student and teacher was a close one, based
on suhba or companionship, a close and intimate intellectual relationship
between the teacher and student. Berkey writes that not aIl students had a
relationship of suhba with the teacher. This particular relationship existed
125 Ibid., 1992, 24. 126 Ibid., 1992,26.
43
generally with those students who engaged in intensive study.127 Ephrat argues
that the notion of suhba probably stemmed from the belief that the closer the
relationship between teacher and student, the more accurate the transmission of
knowledge and authority.128 In several treatises on education, students were
advised to respect their teachers since they imparted knowledge to them.
Teachers were also counseled on their behavior with students and were advised
not to treat students harshly but instead treat them as their children.129
Section 3: Women and learning in pre-modern times
It has been shown thus far that the pre-modem leaming methods were primarily
informaI and personal in nature. Though institutions did exist they only
supplemented the informaI structures of leaming. AdditionaIly, the method of
instruction and establishing oneself as a scholar was primarily based on the
reputation of one's teachers and authorizations received. The question that must
be addressed now is to what extent women participated in this system. Did
women in pre-modem Muslim societies have access to leaming? If so, did they
participate i~ the methods of leaming mentioned above or did they learn through
other methods?
Before starting on this topic, it is worth noting a few points and concems.
Firstly, one must point to the dearth of information on women and leaming in
pre-modem societies. Few scholars have written on this topic and those who
127 Ibid., 1992, 34. 128 Ephrat, 2000, 81. 129 Ibid., 2000, 36.
44
.~ .. have approach the issue with several assumptions that shape and inform their
research and writing. One such assumption, resting on the preconceived notion
of gender segregation in Islam, is that education was the realm of men, not
women. If women were relegated to the realm of the home, and men and women
who were not related could not freely interact, how then could women be
frequent and active participants in an educational structure that would require
them to interact constantly with males who were not family members?
Chamberlain, for example, only mentions women's access to leaming in the
context of private homes where shaykhas delivered lectures to other women. I3O
Ahmad Shalaby, in his History of Muslim Education, notes that women in pre-
modem Muslim societies had far less opportunities for leaming than men.
Among the reasons outlined was the troubles faced by a seeker of knowledge,
such as having to joumey to far away places. The Arab woman, Shalaby argues, 1
was not exposed to such hardship because of "her sacred position in society.,,13l
However, despite these assumptions and biases, none of the scholars argue that
women did not have access to leaming. Yet, at the same time, they rarely devote
any attention to this particular group and the means by which they acquired
education. Of aH the scholars mentioned in this paper, the only one to devote
attention to women's leaming methods is Berkey. In developing my argument in
this part of the paper, 1 rely upon his work and my own preliminary research in
this area.
130 Chamberlain, 1994, 81. J3) Shalaby, 1954, 190.
45
Berkey's work is primarily based on women in the Mamllik period. He
too argues that women were practically absent, as both teachers and students, in
institutions of learning such as the madrasa. No evidence has been found of any
women who were given the post of prof essors in madras as and no record has
been found of femaie students formally enroIled in institutions where they might
have received financiai assistance from the endowment. 132 However, since the
madrasa never achieved the status of the primary methods of Iearning, and
considering the informaI nature of the educational system, women still had many
opportunities for gaining knowledge. Since the study circles were held in
mosques and private homes and were open to aIl, Berkey argues that it is very
possible that women were found studying alongside men in these spaces.
We can get a clearer picture of the avenues where women studied by
100 king at works from the period. For example, in his treatise al-Madkhal, Ibn
al-IJajj criticizes the behavior of women who attendhaIaqas in the mosque. He
firstly criticizes the arrangement of the class, where men sit on one side and
women sit facing them. Finding this arrangement inappropriate, he is even more
upset with the behavior of women who, in participating in the les son, speak in a
loud voice or move about the circle and, in so doing, risk revealing their 'awra
(that which should not be revealed to unrelated males).133 Though one cannot
conclude from Ibn al-FJajj's statement that it was common for women to attend
halagas at the masjid, it does tell us that women were not entirely absent from
132 Berkey, 1992, 165-167. 133 Ibid., 1992, 171-172.
46
these public learning spaces134 and that they actively participated in the circ1es,
as opposed to simply attending to hear the teacher. Additionally, though we
cannot argue that this was the norm, c1early this happened often enough so that
Ibn al-ijajj felt the need to mention it in his treatise as another ex ample of moral
laxity on the part of the population that was not checked by the 'ularna' of the
time. 135 Women were c1early not only present in the masiid as students but
perhaps also as teachers. In his A'yan al-'asr wa a'wan al-nasr, al-~afadi
mentions a shaykha and faglha (jurist) Fatima bt. 'Abbas b. Abü al-Fatl:].136 who
was weIl known in Cairo for her knowledge and preaching and to whom people
came from far and wide. l37 AI-~afadi tells us that she gave lessons at the masjid
and would climb the minbar138 to preach (ta'izu) to the women.139 Again, we
cannot derive from this information that it was common for women to teach and
preach in the masjid. We can glean from this account, however, that it was not a
prohibited or unknown practice. Furthermore, the language used by al-~afadi in
describing this behavior is far from condemnatory, indicating that even if it was
not a common practice, it was not viewed negatively.140
134 1 use the terms public/private and formaI/informaI very broadly. As Chamberlain notes, one should hesitate to use these categories since they are derived primarily from a Western experience and it is therefore are highly problematic to apply them when talking about a different system. Chamberlain, 1994,87. 135 See, Lutfi 1991 for more information on other social practices and gender relations that were critiqued by Ibn al-Iiâjj in al-Madkhal. 136 For more information on Fatima bt. 'Abbas b. Abu al-Fatl~ please see Chapter 2. 137 See also, Ibn Iiajar, 1966,307-308 and Ibn-Rajab, 1952,467-468. 131:\ A minbar is a raised platform in the masjid from where the Friday prayer sermon is given. 139 Al-~afadi, 1990,331-332. 140 It is interesting to note that al-~afadi mentions that Ibn Taymlya, who was much impressed with Fatima bt. 'Abbas, stated that he wanted to prohibit her from climbing the minbar. He decided that he would tell her so, but slept on his decision for a night. Al-~afadi then tells us that at night, Ibn Taymlya saw the Prophet (pbuh) in his dream and asked him about her and the Prophet (pbuh) told him that she was a righteous woman. Al-~afadi does not continue that
47
Tibawi notes that at a younger age, girls probably attended the maktab
and kuttab with boys, though in lesser numbers.141 Shalaby argues, however,
that girls were generally taught privately and not in the kuttabs. He quotes Ibn
Sa4niin who states, in his Adab al-mu'allimln, thatoften the father would teach
his daughters at home, providing them with an elementary education. 142
Biographical notes also tell us much about how women were taught. Citing
examples of women whose information is available in biographical dictionaries,
Berkey too argues that fathers, brothers, and husbands often became the teachers
of their female relatives. Women from learned or scholarly families were often
educated as well, like their male counterparts. For example, al-Sakhawl, author
of a biographical dictionary from the Mamltik period, wrote that though he could
not find any information about the education of a particular woman, he was sure
she was learned since she came from a scholarly family.143 As mentioned earlier,
homes of scholars werealso spaces for learning and women were present in these
venues. Berkey mentions, for example, a prof essor and ijanbali judge, 'Izz al-
Dln ~mad al-Kinanl, whose home was a site for the education of women,
particularly widows. Furthermore, Ibn al-ijajj notes in his al-Madkhal, a scholar
who had offered to have halaqas for women, led by a shaykha, held in his
home.144
account, 80 perhaps we cao assume that Ibn Taymlya did not prohibit her from continuing. Al~afadi, 1990, 332. 141 Tibawi, 1972,26. 142 Shalaby, 1954, 19I. 143 Al-Sakhawl as quoted in Berkey 1992, 17I. 144 Berkey, 1992, 173.
48
In the context of Mamliïk Cairo, ribats seem to have been an institution
where women attended halaqas. The ribat was an endowed institution (wag!)
that was specifically allocated for housing women, particularly widows,
divorcees and abandoned women. 145 In addition to this purpose, there is
evidence that learning also took place at these institutions. Berkey mentions
that sorne of these ribats were connected to madras as, and in one case in
particular, a ribat for women was built inside the madrasa itself. 146 These ribats
are important because they seem to have been a site for women's learning and,
like the madrasa, had an appointed position for a shaykha. The Riba! al-
Baghdadlya, mentioned earlier, is a case in point. This ribat was built
exc1usively for women and was endowed for the benefit of a ~ufi woman Zinat
al-Baghdadlya, who became its first shaykha. 147 Like other institutions, the
Riba! al-Baghdadlya also seems to have had an official position for a shaykha.
Although it is not known if this position was paid, it was nevertheless clearly
designated and was filled by different women. As mentioned previously, the
shaykha of the ribat was responsible not only for the spiritual guidance of the
women, but also taught figh. 148 Fatima bt. 'Abbas b. Abu al-Fath, the shaykha
who gave lessons at a masiid, also received the position of the shaykha of this
ribat. 149 It is clear, therefore, that in sorne form or the other Fatima bt. 'Abbas b.
Abu al-Fatl). functioned in an official position as a teacher at an institution. AI-
145 Rapoport, 2005, 40. 146 See Berkey 1992, 174 where he writes that Shams al-DIn Sunqur al-Sa'di constructed a ribat for women in the madras a that he built in 1315-1316. 147 Rapoport, 2005,40. 148 For more information see Section 2 of this chapter. See also AI-Maqnz1. 149 Al-Maqrlz1, 2005, 1194.
49
Maqr1z1 reports that she was so popular and successful as a teacher that she
became popularly known as "al-Baghdadiya.,,150
Section 4: Conclusion
In this chapter, 1 have provided an in-depth analysis of the pre-modem system of
education and the place ofwomen within it. These methods ofleaming, as noted
in the first part of this paper, were primarily informaI and personal in nature.
The position of the teacher as the source of knowledge and leaming was
unrivaled by any other factor. Institutions never gained prominence but were
simply avenues to facilitate learning. It was the prestige, knowledge, and
authorizations (ijazat) granted by teachers that were the basis of the educational
system. Leaming generaUy took place in halagas (circles) which Were open to aU
individuals regardless of age, class, gender, or level of kilowledge. The method
of leaming focused primarily on the reading of a text with a teacher and there is .
lack of evidence to indicate that anY grades or examinations were administered.
Students showed their merit and quality through the process of questions and
answers and discussions that took place in the halagas. The most knowledgeable
and learned student found himselflherself seated closest to the teacher, but these
positions seem to have been fluid and changed as discussions continued and
students demonstrated their command over the material. Learning took place in
several places with the madras a being an institution designated exclusively for
learning. Despite the emergence of the madrasa, however, it never overtook the
150 Ibid., 2005, 1194.
50
~ ! .
masjid and private sessions (halagas) as sites of learning. Thus, the masjid and
sessions held in the homes of scholars remained the primary sites of learning
throughout pre-modem Muslim history. It is also important to note that these
institutions and avenues for education simply provided a space for learning to
take place and "played no actual role in Islamic education. The schools existed
as buildings and endowments, but Islamic law allowed no corporate identity to
any particular institution, and no formaI degree system was ever established."151
Women also had access to education and female members of scholarly
families were generally educated like the rest of the individuals in their family.
Though there is little research done in this area, women seem to have had several
avenues available to them for leaming. It was perhaps the informaI and private
nature of the system that provided women with several opportunities for
education. They were present in halagas in the masjid and even at the private
homes of scholars. Since learning could take place wherever a teacher sat to
teach, women probably had greater access to teachers than they would have had
in a system that was centered on an institution. Additionally, since many
halagas took place in private homes, this probably made it easier for women to
attend and participate. There is also evidence that male members of a woman's
family, and often even the husband, wouldtake on the role of a teacher. Women
had their own institutions, such as the ribat, where learning took place in female-
only environments. In addition to the lack of institutional monopoly, the
importance of the teacher and the method of transmission of knowledge also
151 Berkey, 1992, 16.
51
~ .. f
added greatly to women's access to education. The teacher, his/her authority,
prestige, and knowledge, were the crucial factors in the process of learning.
Anyone who was able to study with a prestigious teacher and gain
authorization(s) from himlher could build his/her own prestige as a scholar. It
was irrelevant where the leaming took place, what was important was with
whom. This aspect of the educational system probably made it easier for women
also to gain fame and reputation as scholars since what was important was the
authorizations they held, regardless of institutional affiliation.
ln this chapter, 1 have argued that women in the pre-modem Middle East
had access to leaming and education and could gain a reputation and prestige as
scholars, much like male scholars. In the next chapter, 1 discuss the lives of two
female scholars, in particular female jurists (faglhat), women who were well-
versed in the legal discourse.
52
~. ( Chapter 2: Acquiring a Legal Education: Reconstructing the
lives oftwo female jurists (faqThat)
In the previous chapter, 1 detailed the pre-modem system of education
and stressed its informaI nature and the central role of the teacher within it. 1
further discussed the position of women within this system, arguing that women,
particularly those from scholarly families, were often educated, the flexible
nature of the system perhaps providing them with greater access. In this chapter,
1 look at the role of educated women, particularly in the field of Islamic law
(figh). In order to do so, 1 discuss and elaborate upon the lives of two female
jurists (faglhat) from different time periods ofIslamic history.
In his brief, yet pertinent, article on female jurists in Islamic history,
Khaled Abou EI-Fadl writes:
Although the role of men in the development of Islamic law is weIl documented, the various roles played by women in the different places and periods of the legal system remain the subject of speculative and presumptuous scholarship. Moreover, the various texts that embody the Islamic juristic tradition are a rich but insufficiently exploited source for understanding the construction and reformulation of gender roles in the various periods of Islamic history. There is abundant evidence that the story of patriarchy in Islamic law was not a linear or straightforward one, and that despite the powerful patriarchal forces attempting to exclude and limit women, Islamic Iaw remained one of the major fields where gender roles were strongly negotiated and contested. Both as the subjects and recipients and as the authors and makers of Iegai determinations, Muslim women played a dynamic negotiative role that is inconsistent with the prevailing stereotypes of the submissive position ofwomen in Isiamic Iegai history.152
As noted by Abou El FadI, the role of women in Islamic Iaw has yet to be
explored in contemporary scholarship. As discussed in the Introduction, much of
152 Abou EI-Fadl, Khaled. "Legal and Jurisprudential Literature: 9th to 15th Century." Encyclopedia ofWomen and Islamic Cultures. 2 vols. Ed. Suad Joseph. Leiden: Brill, 2003. Vol. 1: 37-41.
53
the scholarship in the field of women in the Middle East has explored the
interaction of women with the Shan'a courts and how women negotiated their
legal rights. However, the interaction of women with the legal discourse has
rarely been discussed. Thus, in this thesis, 1 discuss the lives of two female
jurists. My purpose in discussing the lives ofthese women is to show that they
were educated in matters of law. The primary sources, the biographical
dictionaries, used to glean information about the lives of these women only
present a brief image of these women and their lives. Due to the scarcity and
brevity of the sources, 1 am not arguing that these women were involved in the
legal discourse or influenced its development and articulation. By discussing the
lives of these women, 1 am simply asserting that women in the pre-modem
Middle East were not only educated, but also leamed in the field of Islamic law.
What their legal education entailed, and what impact this had on the legal
discourse, can only be a matter of speculation until further evidence îs found.
Before delving into the lives of these women, it is important to note that,
though 1 discuss only two women in this paper, they are by no me ans an
anomaly. A survey of biographical dictionaries shows a large number of female
juristS.153 Whereas certain authors identify these women as jurists, others
describe them as leamed women who studied under, and received authorizations,
from well-knownjurists ofthe time.
153 See Roded, 1994.
54
,r--"
Section 1: Defining the term faqIha (femalejurist)
Islamic jurisprudence (figh) is perhaps the most important of aIl. the Islamic
sciences.154 Given the importance of the study of the law, it is essential to
discuss the importance of the faqlh (jurist). Understanding the role of the jurist
will help assess the relevance of female faqlhat (jurists) in society and legal
circ1es.
The fuqaha' (sing. faqlh) were a part of the religious elite in Muslim
society. They were "the 'ulama', who were considered the guardians of the
community and its religion. Socially they were the pillars of the community, and
legally they functioned as judges and jurisconsults (muft1s )."155
By the eight century CE, the faqlh (jurist) had become an expert in figh
(law) and specialized in the knowledge of the law. However, with the emergence
of legal theory (usiil al-figh) by the tenth century CE, the term faqlh (jurist) is
used to refer to a "legist who can reason and mediate on a particular case of
substantive law on the basis of textual evidence specifically relevant to that
case.,,156 In contrast, the usiifi (legal theoretician) was a legist who studied the
methodological foundations and sources ofthe law. J57
The faglhat (female jurists), in their function as jurists, were part of an
essential and foundational element of society. It is important to keep this in
mind as we explore the lives of these women and the role they played in their
154 Makdisi, 1981,9. 155 Hallaq, Wael. "Faqlh." The Oxford Encyclopedia of the Modem Islamic World. 2 vols. Ed. John Esposito. New York: Oxford University Press, 1995. Vo12: 1. 156 Ibid., 1995, 1 157 Ibid., 1995, 1
55
societies. The female jurists, like their male counterparts, would have been
influential members of their social and intellectual circ1es by virtue of their
status as jurists.
Section 2: The two faqlhat (female jurists)
Section 2.1: Amat al-Wahid bt. al-Oadi Abû 'Abd-Allah al-Husayn b. Isma'il al-
MahamiIi
ln his Tabaqat al-shafi'iyya, Ibn Kathlr158 mentions a faqlha by the name of
Amat al-WaI}.id bt. al-Qa<ft Abû 'Abd-Allah al-ijusayn b. Isma'il al_Maqamili. 159
The following is a translation of the entry:
They say her name is Satayta, and she is the mother of Qa<ft Abû al-ijusayn MlÙ).ammad b. A4mad B. Abû al-Qasim al-Mal).amili.
She transmitted from her father, and Isma'il al-Warraq and 'Abd al-Ghafir b. Salama. She memorized the Qur'an and (studied) fiqh of the Shafi'i school, the law of inheritance, literature, Arabie, and other fields of Islamic studies.
A4mad b. 'Abd-Allah, the son of her brother said: She was an excellent scholar, one of those who were the best graspers of the fiqh.
AI-~afi~ Abu-Bakr said: Abu Isl).aq IbrahIm b. 'AH al-Shlrazl told me: 1 heard Abu Bakr al-Burqaul say: Ibnat al-Maqamili used to give legal opinions with160 Abu 'An B. Hm:aira.
Al-ijafi~ Abu-Bakr al-Khatlb said: 'Abd al-Karim b. MlÙ).ammad b. Al).mad al-Dhabbl told us: 1 heard Abû al-~asan al-Daraqutn1 say: Amat al-WaI}.id b. al-ijusayn b. Isma'il al-Mal).amili heard from her father, Isma'il b. al-' Abbas al-W arraq, 'Abd al-Ghafir b. Salama al~im~l, Abu al-~asan aI-Ma~r1, ~amza al-~ashiml al-Imam, and others apart from them. She memorized the Qur'au and (studied) figh of the Shafi'i school, inheritance law and its calculations, literature, grammar, and other fields. Her personal behavior excelled, she was generous in charity, and a helper in good deeds. [1 transmitted and wrote many
158 Ibn Kathlr. Isma'Il b. 'Umar. Tabaqat al-shafi'Iya. Beirut: Dar al-madar al-islaml, 2004. Vol 2: 299. 159 Biographical entries for Amat al-Wal;lid can also be found in al-Dhahabl. Mul]ammad b. ~mad. Ta'iikh al-islam. 52 vols. Beirut: Dar al-kit ab aI-'arabl, 1987. Vol 26: 607. 160 The sentence structure of the Arabic (taftl ma'a Abl 'Ali b. Huraira) here indicates that she issued Iegal opinions on the same level as Abu' Ali b. Huraira as opposed to physically with him.
56
narrations from her. She died in the month of Ramaçlan in the year 377 AH, Allah have mercy on her].161
A native of Baghdad, Satayta was commonly known as Amat al-WiiQ.id.
She came from a scholarly family, the Mal)amiIis, who were famous jurists and
judges. Coming from a learned family, she was not only educated but followed
the legacy ofher juristic family and gained esteem as a Shafi'I jurist herself.
Amat al-WiiQ.id was the daughter of al-Qaçli al-fJusayn b. Isma'Il b ..
MlÙ}.ammad b. Isma'Il, Abu "Abdullah al-Qabl al-Mal)amiIi. 162 Born in the year
235 AH, al-Qaçli al-M$amiIi was a famous Shafi'I jurist and judge who heard
hadith from many individuals. Several individuals, including his daughter Amat
al-WiiQ.id, transmitted from him. A brilliant jurist, he became a judge by the
time he reached twenty years of age and the chief judge of Kufa (waIi qaq.a' al-
Kufa) by the time he was sixty. It was in Kufa that al-Qaçli al-Mal)amiIi held a
majlis of figh that was very popular.163 Al-&afadi reports that al-Qacft al-
Mal)amiIi's mams used to be attended by over ten thousand men and he was
highly praised in his position as the chief judge. As noted by Ibn Kathlr and
others who wrote about her, Amat al-Wattid studied under her father, a practice
that was common at the time. l64 It was under the tutelage ofthis great jurist and
161 The edit or ofthis edition ofTabagât al-shâfi'1yah notes that the last sentence of the text was fOlUld in one manuscript but not the other. 162 AI-Safadi, Khalil b. Aybak. Kitab al-wafi bi al-wafayat. 2005. <http://www.alwaraq.net/index2.htm?i=280&page= 1733> 163 AI-Dhahabl, MuQarnmad b. Al]mad. Siyar a'lâm al-nubula'. 2005. <http://www.alwaraq.net/index2.htm?i=3 71 &page= 1923> 164 See Tritton, A.S. Materials on Muslim Education in the Middle Ages. London: Luzac & Co., 1957: 1-26, on his discussion ofelementary education. See also Shalaby 1954, 191, where he quotes Ibn S$ùn who says that often fathers would teach their daughters. Though it is possible, as argued by Shalaby, that girls generally received their education at home, Tritton mentions anecdotes that show that it was not unheard of for girls to attend school alongside
57
judge, her father, that Amat al-Wa9.id studied figh (tafaggahat) and heard
(sami'at) hadith. 165
Amat al-Wal}id married a patemal cousin by the name of Al}mad b. al-
Qasim b. Isma'Il, possibly the son ofher father's brother. Al-Kh~tlb al-Baghdadi
informs us that though A9.mad b. al-Qasim b. Isma'Il was not a jurist, he heard
(al-sama') hadith from his father and his patemal uncle {possibly the father of
Amat al_W~id).166 Amat al-Wal}id's son with A9.mad b. al-Qasim was also a
famous jurist and judge by the name of Mu9.ammad b. A9.mad b. al-Qasim b.
Isma'Il famously known as Ibn al-Mal}amifi. Like his mother, Ibn al-Ma9.amifi
was a Shafi'I jurist who had memorized the Qur'an, studied the law of
inheritance (fara'id) and its calculations. Like aIl the other members of his
family, he too engaged in the transmission of ahadith and used to record them
(kataba al-hadith).167 Though there is no mention that Amat al-W~id was a
teacher to her son, it is possible that she taught him from an early age, much like
her father had done with her.168
boys. Among the stories he relates is one about a man who fell in love with a girl whom he saw in school (or on her way to school). Though it is hard to assess how many girls attended these schools, or how common it was, we know for sure that girls did get educated outside the home. 165 Al-Dhahabl, Mu~ammad b. ~mad. Siyar a'liim al-nubulii'. 2005. <http://www.alwaraq.net/index2.htm?i=371&page=1925> Al-Dhahabl is the only writer who mentions that Amat al-W3ltid studied figh with her father. The others aIl report that she heard ahadith from her father but make no mention ofteachers with whom she studied law. 166 Al-Baghdiidi, Kha.tlb. Ta'nkh Baghdad. AI-Waraq.net, 2005. <http://www.alwaraq.net/index2.htm?i=284&page=1> 167 Ibid., 2005, 150. 168 Ibn al-Maltiimifi's father died in the year 337 AH when he was only five years old, therefore, he probably did not get a chance to study with his father. It is interesting to note that the subjects of study mentioned in Ibn al-Maltamifi's biographical entry are almost identical to those ofhis mother. Like her, he is specifically mentioned for having memorized the Qur'iin, studying the law of inheritance and its calculations and al-dawr (the science of avoiding circular reasoning).
58
Amat al-Wâ4id, like her father and other members of her family, was a
Shâfi'i jurist. The biographical entries specifically mention that she had
memorized the Qur'ân in addition to her study of figh. She had studied not only
the law in general but also had in-depth knowledge of the law of inheritance
(farâ'id) and its calculations. It is interesting to note that mention of the law of
inheritance is made separately from her knowledge oflaw in general. The law of
inheritance is a particularly challenging and complicated branch of the law and it
is a testimony to her excellence as a jurist that she possessed both the legal and
mathematical mind to grasp this particular field. Amat al-W~id was not only
educated in the law (figh) but had also studied al-dawr (the science of avoiding
circular reasoning), lit erature , grammar, and Arabic among other fields. The
study and knowledge of several subjects was not uncommon in the pre-modem
period and one often finds that biographical entries list the several subjects in
which an individual was weIl versed.
Amat al-Wâ.pid was, as attested by her nephew, an excellent scholar who
had a strong grasp of figh. Perhaps nothing is a stronger indicator of her
excellence as a jurist than her position as a jurisconsult (muftlya). AlI the
biographical entries mention that Amat al-W~id used to issue legal opinions
(taftl). A jurisconsult (mufti) is a jurist who has the capacity to issue legal
opinions (fatwa; pl. fatawa). The muftl's role is much like that of the creative
jurist (mujtahidI69); the mufti meeting all the scholarly requirements of being,a
169 Whereas the jurist (faqlh/faqlha) is one who is knowledgeable about the law, the jurisconsult (muftl/muft1ya) is one who provided legal opinions (fatawa). The mujtahid(a), however, is "the human agent whose creative legal reasoning is directed toward producing the fruit, the legal
59
mujtahid. The jurisconsult (muftI), however, is required to be just and
trustworthy and a pious person who takes religion and religious issues seriously.
A muftI is further obHgated to issue legal opinions when requested and must also
teach and impart hislher knowledge to anyone who asks. 170 With regards to legal
knowledge and competence, the muftI is required to have knowledge of and
mastery over the Qur'an, the hadith, biographies of the companions of the
Prophet (pbuh), key historical events, and legal texts that are pertinent to issues
of theory and principles of law in hislher particular school of law (madhhab) as
weIl as the law in general. 17l
Ibn Kathlr and others tell us that Amat al-WalIid was a muftiyya who
gave legal opinions (fatawa) at the level of a jurist by the name of al-l:Iasan b.
al-Ifusayn al-Qaçfi Abu' Ali B. Hurayra al-Baghdadi. Ibn Qacft Shuhbah relates
in his Tabagat al-shafi'iya that Abu 'An B. Hurayra (d. 345 A.H.) was also a
Shafi'I jurist who studied fiqh with Ibn Surayj and Abu Is1)aq al-'Marwazl in
Baghdad. He continued to teach in Baghdad after he completed his own
education and many people studied under him. Abu 'An B. Hurayra wrote a
nonn." Hallaq, Wael. A History ofIslamic Legal Theories: An Introduction to Sunn1 Usûl alFigh. Cambridge: Cambridge University Press, 1997: 117. Though a mujtahid(a) is also a fag1h(a) and muft1(ya), the opposite is not always true. Not every fag1h(a) or muft1(ya) is a mujtahid(a). What then are the qualifications for this position? Firstly, a mujtahid(a) must have an understanding of the approximately 500 legal verses of the Qur'an. Secondly, he/she must know the ahadith that are relevant to the law and be knowledgeable in hadith criticism in order to detennine the authenticity ofthe narrations. They must also have mastered the Arabic language and be proficient in the theories of abrogation. Additionally, they have to be wellversed in the procedures of inferential reasoning and know those cases that have become subject to the consensus of the jurists. Ibid., 1997, 118. 170 Ibid., 1997, 123-124. 171 Tucker, 1998, 14.
60
I~· co~mentary (ta'lig)l72 on the famous Mukhtasar al-muzanl, al-Shafi'1's book on
legal theory (usül al-figh) and his student Abü 'Ali al-raban wrote a famous
commentary ofhis own based on the lectures ofhis teacher. 173
AH the above information informs us of a few important points. We can
be certain that Amat al-Wap.id was weH-versed in the law and had the authority
and ability to give legal opinions. Though we do not know if she taught law or
authorized people to teach, we do know that al-Ijasan b. MlÙ}.ammad al-KHal and
Abü al-ijasan al-Darq~tnl transmitted and related ahadith from her.174 We can
perhaps only conjecture on the nature of the legal opinions that she gave.
Considering her specialty, it is possible that she gave opinions conceming issues
of inheritance. Speculating on her role as a jurisconsuIt leads us to a further
question regarding the existence of these opinions. It is unfortunate that we are
no longer in possession of her legal opinions; however, the biographical entry
cIues us in to an important facto We know that women authored legalliterature
in the form of legal opinions and books and, like the male jurists, took on the role
of authors. 175
172 Ibn QiifI al-Shuhbah mentions that Abü 'AIl b. Hurayra wrote a ta'liq whereas Abü Is~iiq alShlrazl uses the word al-sharh, (al-Shlriiz1, Abü Ispiiq Ibriihlm b. 'Ali b. yüsuf. Tabaqiit alfuqahii'. 2005. <http://www.alwaraq.net/index2.htm?i=402&page=22>) The ta'liqa, in the case of a teacher, can be a set oflecture notes that the teacher might use as a teaching aid, Makdisi 1981, 114. The sharh, however, is a commentary written by an individual on a particular text. 173 Ibn QiiçIi al-Shuhbah, Abü Bakr b. AtImad. Tabaqat al-shiifi <iya. 2005. <http://www.alwaraq.net/index2.htm?i=292&page=14>.SeealsoMakdisi.115. 174 See Ibn Kathlr, 2004, 300 and al~Dhahabl, 2005, 1925 175 For more information on this see the conclusion to this chapter.
61
Section 2.2: Fatima bt. 'Abbas b. Abü al-Fath 176
Ibn Rajab writes in his Kitab al-dhayl 'ala tabaqat al-Hanabila177 about the
followingjurist:
Umm Zaynab, a preacher and ascetic worshipper. She was a teacher and faqlha Ourist), a learned woman, a transmitter of narrations, a muftlya Ourisconsult). She was fearful of God, humble, honorable and obedient, a sustainer and mode st. She was pious and righteous, the doer of good, virtuous, rigorous and investigative, and well..,rounded (in matters of knowledge). From Baghdad, she was excellent and masterful (in her field), one of a kind in her time, unique in her era, and people would come to her from everywhere.
Loft y in rank and abounding in knowledge, she was asked about intricate and particular questions. She had mastered fiqh and had a profound understanding of it. She learnt from the teacher Shams al-Dln b. Abü 'Umar until she excelled. If she was ambiguous about a question she would ask Ibn Taymlya regarding it and he would inform her about it. He was amazed by her and her intellect and was excessive in his praise ofher.
She was diligent, fasting during the day and praying through the night. She was a caretaker, speaker of truth, ascetic in her lifestyle, satisfied and content with little, commander of good and prohibiter of wrong. Many people benefited from her and her status arose and her position ascended. It was said: 'She passed 80 years (age).'
She died in the night of 'Arafa in the year 714 AH, Allah have mercy on her and be pleased with her, ameen. (From Ta'iikh b. Rasül).
A contemporary of Ibn Taymlya and a I-Janbafi jurist, Fatima bt. 'Abbas
b. Abü al-Fatl} was a brilliant jurist (faqlha) and jurisconsult (muftlya). In
addition to her expertise in law, FaJima bt. 'Abbas had an additional role as a
preacher (wa'iza). Whereas Amat al-Wapid came from a scholarly family of
famousjurists, Fatima bt. 'Abbas does not seem to have belonged to a learned or
influential family. There is no information available for her father ('Abbas b.
176 Also see Ibn I-Jajar al-'Asqalanl, Al).mad b. 'Ali. al-Durar al-kamina fi a'yan al-mi'a althïimina. 5 vols. Cairo: Dar al-kutub al-I}aditha, 1966. Vol 3: 307-308. 177 Ibn-Rajab, 'Abd al-RaQman b. Al).mad. Kitab al-dhayl 'ala tabagat al-Hanabila. Vol. 1. Cairo: Matba'at al-sunnah al-muJ}ammadiyah, 1952: 467-468.
62
Abü al-Fatp) in biographie al dietionaries of the time and no mention is made, by
any of the biographers, of her father, son, or other male members of her family.
The only information we have about her personal life is that she had a daughter
named Zaynab, sinee she is also known as Umm Zaynab.
The biographieal entries indieate that Fatima bt. 'Abbas studied fiqh
(tafaqqahat) under the direction of Shaykh Shams al-DIn b. Abü 'Umar and
others from among the Maqadisa, a group of I:Ianbail juristS.178 Shaykh Shams
al-DIn B. Abü 'Umar179 was bom in the year 597 AH and studied fiqh under his
father and patemal uncle and heard (sama'a) hadith from sever al scholars in
Mecca and Madina. Among the people he heard from was a woman by the name
of Ni'ma bt. 'Ail b. Yapya b. 'Ail b. al-1arap, commonly known as Sitt al-
Kutba,180 who had heard ahadith from her grandfather. Among the books she
taught him was al-Khatlb al-Baghdadi's Kitab al;.kifâya fi 'nm al_riwayal81 and
Kitab al-jami' al-sahih by Mt$ammad b. Isma'Il Bukhan.182 Shaykh Shams al-
DIn was an excellent jurist who studied jurisprudence (fiqh), legal theory (usül)
and taught and gave legal opinions (fatawa). He was a famous jurist, known as
the judge of judges (gadi al-quda'), the jurist of the area of Sham, and was given
the title of not only the Shaykh of the I:Ianbails but also Shaykh al-Islam. 183
178 AI-$afadi, Khafil b. Aybak. A'yan al-'asr wa a'wan al-nasr. 2005. <http://www.alwaraq.net/index2.htm?i=146&page=670> 179 Shams al-DIn b. Abû 'Umar is also the author of a text called Sharh al-kabIr 'ala matn almuqni'. See Abû 'Umar, Shams al-DIn. Sharh al-kabIr 'ala matn al-muqni'. Madina: al-Maktaba al-salafiya, 1970. 180 Kutubl, Mullammad b. Shakir. Fawat al-wafayat. 2005. <http://www.alwaraq.net/index2.htm?i=257&page=227> 181 Khafib al-Baghdadi, Abû Bakr ~ad b. 'All. Kitab al-kifâya fi 'Hm al-riwaya. Hyderabad: Idiirat jami'1yat da'irat al-ma'iirif al-'uthmanlya, 1938. 182 Bukhiiii, MuQammad b.isma'il. Kitab al-jami' al-sahlh. 2 vols. Delhi: A~a~~ al-ma!abi', 1938. 183 Ibn-Rajab, 1952,305-307
63
Among his famous students was the well-known Taql al-Dln b. Taymiyya, a
contemporary of Fa.tima bt. 'Abbas who engaged with her on several
occasions. 184 It was with Shaykh Shams al-Dln, an exceptional and famous
jurist, that Fatima bt. 'Abbas studied fiqh, a point that is worth noting if we are
to understand the level of education and excellence of the teachers with whom
she studied.
Fa~ima bt. 'Abbas was probably a native of Baghdad and was bom around
630 AH. Her place and date of birth are not provided in the biographie al entries
but we can infer this information sinee she is referred to as al-Baghdadiyya. She
died in the year 714 AH and is said to have passed eighty years of age. She
settled in Damascus, where she probably studied with Shaykh Shams al-DIn and
others. She later moved to Cairo in the year 700 A.H., a few years before her
death. 185
An accomplished jurist and jurisconsult (muftlya), F~tima bt. 'Abbas is
described as having a strong grasp of jurisprudence (fiqh) and knowledge of its
intricate details, particularly over ambiguous and abstract matters.186 In his
biographical entry, al-~afadi goes so far as to argue that her excellence
(tafdiliha) approximated that of Shaykh Taql al-DIn b. Taymiya.187 Such was
her command over jurisprudence, that when she engaged with the famous
Shaykh ~adr al-Dln b. al-Wakl1 in a discussion over menstruation, her opinion
184 For more information on the relationship between Taql al-nin B. Taymlya and Fa~ima bt. , Abbas, see the latter portion of this section. 185 Al-~afadi. A'yan al-'asr wa a'wan al-nasr. 2005. <http://www.alwaraq.net/index2.htm?i= 146&page=670> 186 Ibid., 2005, 670. 187 Ibid., 2005, 670.
64
prevailed over his.188 Shaykh ~adr al-DIn b. al-Wakll was a weIl known Shafi'I
jurist who studied fiqh under his father, a jurist from among the Maqadisa. He
was known not only for his excellence in figh but also his sharp memory. AI-
~afadi relates that ~adr al-DIn is said to have memorized Kitab al-mufassal189 in
a hundred days.190 Aided by this exceptional memory, ~adr al-DIn is perhaps
best known for his strength ànd excellence in debating (munazara). AI-$afadi
tells us that no one was able, to defeat him in debate and that he was the only one
who had the ability to oppose Ibn TaymIya in disputation. 191 This specifie skill-
set possessed by Shaykh ~adr al-DIn is important for us to know in order to
recognize the importance of Fatima bt. 'Abbas engaging with him and why her
fame grew after this incident. Of aIl the biographers, the only one to mention
this discussion (bahath) is al-$afadi. He reports that when Fajima bt. 'Abbas
discussed the matter of menstruation with ~adr al-DIn she prevailed (rajat
'alaihi) over him and subsequently pointed out to him that "You understand
(tadrI) this [menstruation] in knowledge, and 1 understand (adrI) it in knowledge
and in action.,,192
Fatima bt. 'Abbas also met and met with Ibn Taymiya during her
lifetime. Ibn KathIr, for example, reports that she used to attend the majlis of
188 Ibid., 2005, 670. 189 Zamakhshaii, Malpnüd b. 'Umar. Kitab al-mufassal fi 'Hm al- 'arablya. Egypt: Ma!aba'at altaqaddwn, 1905. 190 Al-$afadi. A'yan al-'asr wa a'wao al-nasr. 2005. <http://www.alwaraq.net/index2.htm?i= 146&page=870> 191 Ibid., 2005,870. See also Makdisi 1981, 149. 192 The Arabie states: "Bahathat ma' al-Shaykh Sadr al-Dln b. al-Wakll fi al-hayd wa rajat 'alayhi. Thwnma galat anta tadrl hadha 'Hman wa ana adrlhi 'ilman wa 'amalan." Ibid., 2005, 870.
65
Ibn Taymiya and benefited from his knowledge.193 Incredibly impressed by her,
Ibn Taymiya used to praise her intellect and understanding. Ibn Rajab wrote that
whenever she was faced with a particularly ambiguous issue she would approach
Ibn Taymiya with the matter and he would engage her on the issue and provide
her with information.194 Ibn Kath!r specifically mentions that Ibn Taymiya
would spend time in preparation before meeting FaJima bt. 'Abbas due to the
number and excellence of questions she posed and her swift intellect.195
In addition to her legal brilliance, Fa.tima bt. 'Abbas was also a popular
preacher and "people would come to her from everywhere.,,196 Al-$afadi notes
her singular talent as a preacher in being able to affect her audience, since people
often cried as she spoke. He wrote that the women of Damascus and Cairo
benefited greatly from her and many women returned to obedience (ta'a) due to
her efforts.197 Ibn Kath!r also mentions that under her tutelage several women
memorized the Qur'an, and among them was his mother-in-Iaw, 'Aisha bt.
~iddiq, and wife Amat al-Ra41m.198
In preaching to the women, al-$afadi informs us that F~tima bt. 'Abbas
would climb the minbar at the masjid. 199 He further relates an anecdote that Ibn
Taymiya did not like this preaching from the minbar and decided that he would
stop her from doing so. However, when he was sleeping, he saw the Prophet
193 Ibn Kath1r, Isma'Il b. 'Umar. al-Bidaya wa al-nihaya. 14 vols. Beirut: Dar al-kutub al-'ilm1ya, 1985. Vol 13: 74-75. 194 Ibn-Rajab, 1952,467-468. 195 Ibn Kath1r, 1985, 75. 196 AI-~afadi, 2000, 670. 197 Ibid., 2000, 670. 198 Ibn Kath1r, 1985, 75. 199 AI-Safadi, 2000, 670.
66
(pbuh) in his dream. Upon asking her about Fa~ima bt. 'Abbas the Prophet
(Pbuh) responded by attesting to her righteousness.2OO Though aHiafadi does not
mention the issue further, it seems that Ibn Taymiya took back his objection and
left her to continue her preaching. This particular anecdote is important, partly
for what it meant to the individuals in question, but also for the opportunity it
provided for FaJima bt. Abbas. It is evident from what al-~afadi tells us that Ibn
Taymiya did not approve of the practice of women preaching from the minbar.
However, seeing the Prophet in his dream provided Ibn Taymiya with a divine
affirmation for the actions of FaJima bt. 'Abbas and prevented him from
stopping or reprimanding her. It is also interesting to note that al-~afadi stated,
at the beginning of the entry, that F~tima bt. 'Abbas used to preach from the
minbar and his tone and language was in no way condemnatory.
The anecdote related above affirms sorne of the observations made in
Chapter 1 regarding avenues for teaching and learning for women. As a
preacher, Fii.tima bt. 'Abbas was teaching at the mosque. Her sessions were not
only in the mosque but also very public, since she was climbing the minbar.
Additionally, from al-~afadi's description, the audience in these mosque halagas
were women.201 This informs us that women not only had the opportunity to
teach at the mosque but also came there to study. Similar conclusions have been
reached hy those studying women's education in Cairo during the Mamlük
200 Ibid., 2000, 670. 201 It is worth noting that al-~afadi's description ofF~tima bt. 'Abbiis as a preacher is confined primarily to her interaction with women. His entry relates how the women ofboth Damascus and Cairo benefited from her preaching and instruction (insalaha biha jama'a nisa' fi Damashg ... wa intafa'a biha fi Misr min al-nisa' jama'a). Ibn Rajab, however, in his entry does not make any specifie mention ofher activities with women he relates instead that many people benefited from her knowledge and preaching (intafa'a biha khalg kath Ir).
67
period. Berkey cites, for example, Ibn al-FJajj who stood strongly against the
common practice of men and women sitting together in the mosque to hear the
recitation of books by scholars?02
Though F~tima bt. 'Abbas taught in a public space and had herself
attended majlises led by men, she seemed to be critical about the interaction of
unrelated men and women. Ibn Kathlr relates that F~tima bt. 'Abbas was in
charge of supervising members of a ~ufi group known as al-APmadiya. He
relates that she was concemed about the mixing of the genders within this group
and used to take care to prevent their leaders from keeping close company with
women and young men (mardan). Though Ibn Kathlr does not expand on this
point further, he states that in this matter, Fatima· bt. 'Abbas was able to
accomplish what no man had been able to achieve before.
After her move to Cairo after the year 700 AH, Fatima bt. 'Abbas began
to teach at the Ribat al-Baghdadiya in Cairo. This ribat, mentioned previously
in Chapter 1, was built by Tidhkarbay, daughter of Malik al-4ahir Baybars, for a
woman known as Zinat al-Baghdadiya. The ribat was endowed primarily for
women in need, particularly those who were divorced or widowed and did not
have a residence. Like the madras a and khangah, the ribat had an endowed
position for a teacher (shaykha). It was at Ribat al-Baghdadiya that Fatima bt.
'Abbas took on the position ofteacher (shaykha) upon settling in Cairo. Among
her responsibilities (and the responsibilities of the shaykha in general) were
leading women in prayer and devotion, and teaching them figh
202 See Berkey, 1991, 146.
68
(tafaggahmma)?03 The above infonnation infonns us that Fii~ima bt. 'Abbas
engaged in teaching, particularly the teaching of law. Though it is not known if
this position was endowed, it is clear that it was a designated and official
position that was fulfilled by different women throughout the history of the
ribat. Additionally, considering that this ribat was built next to the Baybars'
khangah, it is possible that it was a comparable and sister institution to the male
establishment and functioned similar to the khangah.204 It is evident, therefore,
that Fatima bt. 'Abbas b. Abü al-Fath functioned in an official capacity as a
teacher, and taught law to the female residents of the ribat. Already well-known
as a preacher, she became very famous at the ribat as weIl. AI-Maqrlz1 reports
that she became so popular and successful as a teacher that aIl those who took on
the position of shaykha after her used to refer to her as "al-Baghdadiya.,,205
Section 3: Conclusion
The main focus of the first chapter of this thesis was on the system of education
in the pre-modem Middle East and women's education in particular. Having
discussed the avenues available for leaming, I argued that women had both
access to and opportunity for being educated. In examining this issue further,
the main focus of the second chapter has been on the lives of two women, Amat
al-Wlli}.id bt. al-QaQi Abü 'Abd-Allah al-IJusayn b. Isma'Il al-Mal}.amili and
F~tima bt. 'Abbas b. Abü al-FatlI. In discussing their lives, my main interest has
been not only to understand and illustrate how these women were educated, but
203 AI-Maqrlzl, 2005,1194. 204 Ibid., 2005, 1194. 205 Ibid., 2005, 1194.
69
also to take note of the subjects they studied. My chief reason for choosing to
study these women was due to the fact that they were educated in matters of
law. Both the women discussed in this chapter are classified by their various
biographers as jurists (faqlha) and jurisconsults (muftlya). In discussing their
lives, 1 have not only explored their methods of learning and instruction in
matters oflaw, but have also tried to understand how these women related to and
engaged with other jurists and the legal discourse.
As mentioned in the Introduction, scholarship that explores the
interaction of women and Islamic law generally assumes the exclusion and
absence of the voices of women in the legal discourse. This chapter, however, is
an attempt to question sorne of these assumptions by presenting and discussing
the biographies of two women who were not only educated in jurisprudence
(figh), but also engaged with fellow jurists. These women, in their role as jurists
(faqlhat), were important and essential members of their societies and legal
circles. Having the power to preach, lecture, teach, and even give legal opinions
probably allowed them to play a certain role in the legal discourse of their time.
However, this role has yet to be researched and is seriously limited by the
scarcity of sources. Thus far, published literature in the field of Islamic law does
not include any works by female jurists (faglhat). It is also hard to determine
whether works by any of these women are extant since many texts still remain
unpublished and in manuscript form.206 Biographical entries, however, do
206 For more information on writings by female jurists (faqlhat), see the lecture on this topic by Khaled Aboul El Fadl who points to two extant manuscripts written by female jurists from the 5th and i h centuries AH. These two manuscripts are located in Cairo and Damascus respectively.
70
indicate writings by women, confirming for us their existence, even if we are no
longer in possession of them. These writings were both in the area of law as well
as in other subjects. For example, Ibn Kathlr tells us about Rabl'a Khatüu (the
sister of Sul!an ~ala4 al-Dln) who built a renowned ijanbali madrasa. She was
encouraged to build this madrasa by a ijanbali jurist by the name of Amat al-
La!lf bt. AI-Na~ih who served the Khatüu. Amat al-La.tlf was not only a jurist
but also authored many books (laha tasiinlf).207 'A'isha bt. 'Ali b. Mup,ammad b.
Ibriihlm b. Na~ralliih b. A.p.mad, a ijanbafi scholar, had compiled a book about the
subjects that she specialized in. These subjects included figh, hadith, and slra
among others. Furthermore, Niçliir bt. Mup,ammad b. Yusuf, who was a scholar
of hadith, is said to have written a book on a certain subject, though this subject
is not mentioned in the entry?08 'Umar Riçlii al-K$llala in his A'liim al-nisa'
mentions a faglha from Mecca by the name of Zaynab. In the year 1220 AH, she
is said to have authored a work of more than sixt Y volumes on the rites of l:Iajj
according to the four schools of law (madhiihib).209 Despite the existence of
these works authored by females, it is too soon to make any firm conclusions
about this matter. The subjects and contents of these works are unknown and
will remain so until manuscripts are found and investigated.
Despite the lack of extant works authored by women, there are several
interesting facts that can be gleaned from the information provided in th~s
See, Abou El Fadl, Khaled. Muslim Women Jurists in Islamic History. Rec August 19-21. AMILA (American Muslims Intent on Learning and Activism), 1994. 207 Ibn Kathlr, Isma'Il b. 'Umar. al-Bidaya wa al-nihaya. Vol. 13. 14 vols. Beirut: Dar al-kutub al'ilmlya, 1985: 182. 208 Abou Bakr, 2003, 321. 209 Kal}l}ala, 'Umar Riçla. A'liim al-Disa' fi 'alaml al-'arab wa al-isliim. 5 vols. Damascus: alMa.tba'a al-hashimlya, 1958-1959. Vol. 1: 45.
71
~. i chapter. Each one of the women presents a different image of the educated
woman, often affirming many of the findings detailed in Chapter 1.· As noted
earlier, women from scholarly families were generally educated as weIl. The first
woman discussed in this chapter exemplifies this finding. Amat al-Wap.id not
only came from a scholarly family, but from a juristic family. Like her father,
and other male members ofher family, Amat al-Wap.id was educated in matters
of law and became a famous jurist as weIl. Fa.tima bt. 'Abbas, however, does not
seem to be from a scholarly family and no mention is made of any scholarly
leanings on the part of her father. However, she too was able to gain a legal
education from famous and brilliant jurists. Whereas Amat al-WaI1.id· was
primarily taught by her father, F~tima bt. 'Abbas was trained under jurists who
were not from her family. Additionally, Fa~ima bt. 'Abbas had a very public life
as a preacher andwas well-known and sought out for her knowledge. She not
only taught women law but also engaged with fellow jurists on legal matters.
Her image, as presented in the entries, is that of a dynamic woman who was a
renowned preacher and jurist and who was able to engage some of the most
famous actors in the legal community of her time. She also seems to have been
mobile and traveled and lived in different cities. Though she spent most of her
time in Damascus, she moved to and settled in Cairo near the end of her life to
teach at a ribat. Amat al-Wav.id however is presented in a very different manner.
She is praised for her knowledge of law and excellence as a jurist. However, the
image drawn of her by the biographers is substantially different from that of
Fa~ima bt. 'Abbas. No mention is made of any teaching possessions that Amat
72
al-W~id might have possessed and only one of her students is referred to.
Considering the different images and roles played by these two women, they
present an interesting image of educated women in the pre-modem Middle East.
There are certain elements that are common between these two women
that are important to observe. Though they were both educated in legal matters,
they did not seem to have an active role as teachers of law. Amat al-Wapid,
though an excellent jurist and jurisconsult (muftlya), did not teach this subject.
The biographie al entries for her do not mention her teaching activities and 1
could not find information about any students who might have studied figh with
her. Her only student mentioned is one who transmitted ahadith from her. The
biographical entries concentrate on detailing and praising her excellence as a
scholar but, unlike the male members of her family, she did not seem to have an
active and public role as a teacher. Fa.tima bt. 'Abbas, however, was a famous
preacher. Though she had a very public role and image, her teaching seems to
have been confined to the instruction of women. There is no mention of any
male students that might have studied with her, even though she did engage with
men on matters regarding law. Most of her biographers, particularly al-Safadi,
mention her activities related to women, presenting her as primarily a teacher to
females. Though it is not uncommon to find men with female teachers who
taught thern ahadith, it did not seern to be a cornrnon practice for wornen to
teach law.210 F~tima bt. 'Abbas, for example, taught law but only to women who
had access to the ribat. In addition, her preaching activities in the masjid, a
210 For more information on women teaching ahadith to men, see Abou Bakr 2003.
73
public space, are described by the biographers as related again primarily to
women who were the main audience of these sessions.
It is also interesting that though these women had access to legal
education and were acknowledged for their brilliance in legal matters, they did
not hold the position of prof essor at the madrasa or any judicial posts. 1 have not
found any information for any woman who might have had an endowed teaching
position at a madras a and women were generally excluded from positions as
judges. Though FaJima bt. 'Abbas had an official position as a teacher at the
ribat, an institution comparable to the khangab, it is a position that was
exclusive to women~ Whereas men who taught at the madrasa had access to
students ofvarying backgrounds, teaching at the ribat probably restricted Fa.tima
bt: 'Abbas' students to the female gender. It is possible, however, though not
mentioned in the entries, that classes at the ribat were open to aIl individuals,
thus allowing men to participate. Though not having a position at a madras a did
not prevent women's access to learning or teaching, it did prevent them from
being in positions of political power. As noted earlier, the madrasa served a
supplement al role in the system of education in the pre-modem period.
However, the establishment ofthe madrasa did allow for the creation of a certain
religious establishment that was engaged in power politics and state
bureaucracy.211 Since the official post of prof essor at a madrasa was given to
male scholars, it probably confined the politics of acquiring an official teaching
position, and its ensuing fame, to the male gender.
211 Ephrat, 2000, 8.
74
I,r--
In this chapter, 1 have simply attempted to scratch the surface of the issue
ofwomen's education, particularly in the area oflaw. Having discussed in detail
the lives of just two women, my effort has been to illustrate the arguments about
women's education presented in Chapter 1 by looking in detail at the lives of
two female jurists. It is important, however, to recognize the weaknesses and
shortcomings of the above information. In presenting and discussing the lives of
these women, particularly in their capacity as jurists (faqlhat), 1 am merely
arguing for women's education in and awareness of the legal discourse. Without
further information and sources, it is difficult to argue that these women were
involved in the development and articulation of the legal discourse of their time.
My interest in discussing the lives of these two women is to argue not only for
the education of women in the pre-modem Middle East but also for their
knowledge in the are a of law and jurisprudence (figh).
As mentioned in Chapter 1, scholarship on education in the pre-modem Middle
East rarely discusses female education. Furthermore, works that examine the
engagement of women with Islamic law concentrate on women's interaction
with the law in the arena of the court but do not discuss women's education in
the legal discourse. For example, the life of Fatima bt. 'Abbas was discussed in
this chapter not only for her role as a preacher but particularly for her position as
a jurist and her knowledge of jurisprudence (fiqh). However, when discussed in
another context, her role as a preacher is foremost. Thus, when Fatima bt.
'Abbas b. Abu al-Fath is mentioned by Ruth Roded in her book on women in
Islamic biographical dictionaries, she is described as a mystic and preacher.
75
Though her proficiency in law is mentioned, Roded argues that her "prominence
appears to have resulted primarily from her preaching activities, and her
proficiency in law was emphasized to distinguish her from popular preachers.,,212
No mention is made of Fatima bt. 'Abbas' role as a jurist, let alone as a
jurisconsult (muftlya).
Though it is difficult to make any grand conclusions about women's roles
in the legal discourse from the information presented in this chapter, we have
enough evidence to challenge sorne of the assumptions mentioned earlier
regarding women's education, particularly in the area of jurisprudence (figh).
We can conclude from the information provided in this chapter that women in
the pre-modem Middle East not only had access to education, but could also
leam jurisprudence (figh) and engage with the legal discourse at least as
students, if not as jurists. The question that remains, however, is to what extent
these women contributed to, and shaped, the legal discourse. However, this
question can only be explored by further research in this area and the
examination of possible works offemale jurists (faglhat).
212 Roded, 1994, 82.
76
Conclusion
The study of women in Islam and the Middle East has undergone radical
changes in the past two decades. Previous scholarship tended to paint an image
of the Muslim woman as a veiled and submissive object of men's oppression.
Such works viewed the domination and inferior position of women as being
further enforced by Islamic law, a patriarchallegal system. These conventional
assumptions and beHefs have increasingly come under challenge and much of the
recent scholarship has sought to understand how women negotiated their spaces
and actively participated in their societies. This type of research has not only
shown that women were financially and economically active but has also
explored the interaction of women with the Sharl'a courts. These latter works
have concentrated on the tactics used by women to negotiate their rights within
the legal structure. Though the lat est scholarship has explored many aspects of
the lives of women in the pre-modem Middle East, few have studied the issue of
women's education. Of the several monumental works on the system ofleaming
in the pre-modem Middle East, not many have given attention to the education
of women. Not only this field, which has yet to be researched, but women's
involvement in legal education in general is far from being acknowledged. Thus,
the focus of this thesis has been on this particular issue. In this work, 1 have
argued not only for the general education of women in the pre:..modem Middle
East but also for their knowledge of jurisprudence.
1 have argued, in this thesis, that the system of education in the pre
modem Middle East was flexible and informaI in nature. Despite the existence
77
of the madrasa, the avenues of learning remained unrestrained by institutions.
Students gathered for and acquired education in different spaces including the
masjid, the jami', ribats and the private homes of individuals. The stable
character and central actor of this system of leaming was the teacher. Students
often traveled far and wide, seeking famous and brilliant teachers who had
gained a reputation in their field of expertise. In this system, it was the teacher
who was sought after, not the institution.
The method of instruction too was focused on the teacher, and students
sat and studied in a circular arrangement, the center of which was the instructor.
Students had a certain level of flexibility in being able to decide the texts they
wished to study and tliey often joined a particular majlis with the intention of
studying and leaming a specifie text with a qualified teacher. The system of
certification (ijaza) was the main form of qualifying individuals to transmit and
teach particular books. Fame and reputation in this system were built upon the
shoulders of one's teachers, thus, students tried to receive as many certifications
from eminent scholars as possible in order to establish their own reputation and
prestige.
Women were also involved in this system of education. Biographical
dictionaries have several entries devoted to learned and educated women.
Women from schoIarIy families were generally Ieamed as well, showing that
opportunities for leaming available to women were probably conflated with
issues of gender and class. Since the system was fairly informaI and focused on
the teacher, women had several avenues for gaining an education. As the system
78
was not institution-based, women who had access to particular teachers and
gained certification (ijazat) from them developed a reputation as scholars in their
own right. It was not uncommon, however, for women to attend public spaces,
such as themosque, in order to gain an education.
Exploring the lives of two leamed women reveals many interesting
aspects about the system of leaming. In studying and examining the lives of
these two women, 1 focused not only on their education but also on their study of
the subject of jurisprudence (fiqh). Both the women in question were not only
female jurists (faqlhat) but have been described as jurisconsults (muft1ya).
Whereas both women had studied similar subjects, their lives present two
different images of the leamed woman. While the first scholar, Amat al-Wav.id,
came from a famous family of jurists and was taught by her father, the second,
Fa~ima bt. 'Abbas, did not seem to come from a scholarly family. Despite this
difference in family background, however, both had access to education. F~tima
bt. 'Abbas led a very active life as a preacher and even held a post as a teacher
(particularly of jurisprudence), near the end of her life, at a ribat in Cairo. Amat
al-Wav.id, on the other hand, is reported as having issued legal opinions, although
no mention is made of any ofher teaching activities related to law.
In her work on female transmitters of ahadith (muhaddithat), Omaima
Abou Bakr argues that "there is a forgotten and disregarded history of women in
medieval and pre-modem Muslim societies that should continue to be
highlighted and studied.,,213 Whereas Abou Bakr's work concentrated on the
213 Abou Bakr, 2003, 326.
79
role of muhaddithiit in the study and transmission of ahiiruth, the focus of this
thesis has been on women's involvement in legal education. However, this work
is an elementary effort towards researching and exploring this particular issue.
The two women studied and presented in this thesis were not only educated in
matters of law but also engaged the legal and scholarly community on
jurisprudential issues.
Despite the effort to explore the lives of two female scholars, this thesis
is limited in its scope and conclusions due to the scarcity of sources. It is
important to acknowledge that only information from biographical dictionaries
has been utilized in this attempt at reconstruction. Additionally, the sources
used are entirely written by men. The information provided, and images
presented, of these women are based on the knowledge and perception of male
authors. To view the information in biographical entries as literaI and factual
would fail to take into account the complexities of the issue of representation
and the role of the author in creating images. By solely utilizing biographie al
dictionaries as source material, we must recognize that our understanding of the
lives and influence of these women is mediated by the author. The brief
information provided in the entries covers only certain aspects of the lives of the
individuals in question. The entries relate primarily to the activities of the se
scholars in the public sphere, and their personal lives, and aspirations. Their
activities in the private sphere, however, have not been documented.
It is also important to keep in mind that this work looks at the lives of a
very select group of women. By virtue of their being educated, these women
80
;----..
were part of an elite group in society in general and women in particular.
Moreover, the se women are the ones who have been listed in works that were not
only written exclusively by men, but include information predominantly about
male members of society. Thus, these learned women are further unique since
they reached such great fame as to be acknowledged and included in male
dominated spheres. Therefore, it is important not only to recognize that these
women belong to a privileged group, but also to realize that educated women
perhaps existed in greater numbers than those represented in the biographical
collections. Finally, whereas it can be argued that women were educated in legal
matters, the limited information in the biographical dictionaries does not allow
us to draw a complete picture of how these women contributed to and influenced
the legal discourse. Perhaps as further information and sources are discovered,
we will be able to make a clearer and stronger argument regarding women's role
in the legal discourse. It is hoped that the research presented in this the sis will,
in some small way, contribute to this larger endeavor to discover the function
played by female jurists in the formulation and development of the Islamic legal
discourse.
81
r-'. !
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