Kuwait 2004 Gender Segregation Law - Education

In 2004 gender segregation law number (24/1996), was passed in Kuwait. What are its implication especially when in recent times there seems to be a lot of conflict of ideas in Kuwait between those with secular ideas and those whom are labelled as "Islamist", this is just a short narrative with historical reflection and possible implications. 

Kuwait University opened its doors in October 1966 (as amended by Decree Law No.29 of 1966). This took place five years after it had gained independence when the British protectorate came to an end. Kuwait University began with the establishment of four colleges: the College of Science; the College of Arts; the College of Education, and the College for Women. Later, in April 1967, by Amiri Decree, additional colleges were established: the College of law; the College of Islamic Studies; the College of Business, the College of Economics, and the College of Political Science. The College of Business was eventually replaced by the College of Business Administration (by Amiri Decree No.164) in August 1995[1].

Prior to the mid 1970’s in Kuwait, there was flexibility in the adherence to strict regulation with respect to ‘gender’ integration. During the 1970’s female and male students began to share classes at Kuwait University, and activities were accordingly planned without taking into consideration  the gender of the students (Ghabra 2003:107). But, according to the new gender segregation law number 24 of 1996 which came into effect on May 9th 2004, this was no longer the case.

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[1]  http://www.kuniv.edu/ku/AboutKU/BriefHistory/index.htm

Religious Perspectives on Gender Segregation

Although religious and cultural perspectives on gender segregation are closely interrelated, it is necessary for the purposes of this research project to consider the religious perspective separately. The Muslim world is a vast geographical area that stretches from North Africa to the Far East, and within this sphere there is a huge diversity in culture, religion, and ethnicity. The one thing they all have in common is the first fundamental belief in Islam and that is the ‘Shahada’[1]. Yet, how this one simple declaration is understood and comprehended depends on the individual who is interpreting the message. The reason for making this statement is very simple. The interpretation of the Quran for example, is not a simple task; this is because those who have had the responsibility of interpreting the holy book have always been individuals who have understood the content according to their environment and their knowledge at the time. Furthermore, the Hadith[2] is vast in its collection, within which there is the authentic authority[3] as well as many that are known as weak or fabricated[4]. This problem does not occur for the Muslims in terms of the authority of the Quran, which is a primary undiluted source to many Muslims it is the word of God.

            In order to establish a basic idea of gender segregation in Islam it is important to emphasize the difference between the Quran and the Hadith. Nowhere in the Quran is there a commandment on gender segregation as we understand it[5].

            Gender segregation is a very complex subject in Islam. This is because during the worship or also known as circumbulation[6], which is going around the Kaaba[7], the very essence and fundamental gathering of human beings in the presence of God, there is no gender segregation. 

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[1] The meaning of this word is ‘the declaration of faith’, and that is declaring that ‘There is no (other) Lord except Allah and Muhammed is the Messenger of Allah.’ Without this simple belief in this statement, a person cannot be a Muslim. http://www.islamic-dictionary.com/index.php?word=shahadah

[2] This is the saying of the prophet Muhammed, and is also known as prophetic traditions. For further information see page 42 in  Bonney, R. (2007), Jihad: From Quran to Bin Laden.

[3] The two main authentic respected collections are Imam Bukhari and Imam Muslim, both of their works are known as the Shahi collection which means the authentic collection. See page 38 in Bonney, R. (2007), Jihad: From Quran to Bin Laden.

[4] For further information refer to Bonney, R. (2007), Jihad: From Quran to Bin Laden.

[5] It should be noted that one of the most primary sources of the Hadith collection is the prophet Mohammed‘s wife Ayesha. Yet, in today’s society it is men who propagate a rigid interpretation of Islamic literature who often forget that one of the greatest sources of authority in Islam was a woman.

[6] http://www.islamic-dictionary.com/index.php?word=circumambulate ‘To circumambulate (this is an English word), is to go round the Kaaba seven times.’ In Arabic it is also known as ‘Tawaf’.

[7] http://www.islamic-dictionary.com/index.php?word=kaaba ‘A square stone building in Al-Masjid-al-Haram (the well-known mosque at Makka). Muslims line up in prayer facing towards this direction.’

The question that arises is when and how and why segregation became such an association with Islam and the Muslim world? Many Muslim households mix freely, and there are many Muslim countries where classrooms have no barriers or separate rooms between the genders. Yet, in some cases gender segregation not only occurs in universities but in society as a whole, and is the core practice of that community[1].

            The spread of Islam during the reign of Caliph Omar[2] saw the conquest of Persia and Jerusalem. The significance of this is very crucial in understanding how the Bedouins[3] of Arabia when encountering old civilizations, were greatly influenced by the traditions and culture.  The aristocracy in Persia, or in Byzantine as it was known then, had a type of gender segregation which was more of a status symbol rather than an everyday norm Almeida, R. (2005:381). This illustrates how Islam as it spread was adapting to different cultures, customs, and traditions. Many of the attitudes towards a woman’s position in society were adopted, it is this type of mindset that later interpreted and published Islamic doctrine which in many cases became widely available during British rule fuelled with anti-colonialism. Therefore, a woman’s role being segregated from society was not just based on the interpretation of ‘religious preachers’ but also from the politics of the time, and it does not take a generation before they lose the original message Prophet Muhammed.

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[1] At its most extreme are the actions of the Taliban in Afghanistan towards women.

[2] See chapter 7 in Rogerson, B. (2006), The heirs of the prophet Muhammed: and the roots of the Sunni-Shia Schism.

[3] http://www.oed.com/view/Entry/16897?redirectedFrom=bedouin#eid ‘An Arab of the desert.’

            

According to the author Ghabra (2003:107) during the decades of the1950's and the 1960's Arab societies of the Middle East at large were more subdued in their religious expression of Islam, it was more confined to matters of personal spirituality and cultural manifestation rather than taking the form of political idiom: ‘...Islam underpinned the moral rectitude of the community where followers were asked to remember God by doing good and caring for others.’

However, significant changes began to evolve in Kuwaiti society from 1979 (Ghabra, 2003:107), coinciding with the events of the Iranian Revolution, raging in the neighbouring country. It appears that both in Iran and Kuwait a more radical form of Islam was emerging, whereby religion was longer confined to spirituality. Kuwait found itself wedged in the middle:  to the North lay Pan-Arabist nationalistic Iraq; to the East a "Persian" revolution raged, headed by Ayatollah Khomeini, and to the West loomed Saudi Arabia, a royalist with tribal roots.

            Inevitably, the fragile influence of Kuwait’s national secularist forces - post 1979- lost ground to the Islamist. This shift of power even filtered down to effect ‘...traditional bases of power such as the teachers and students’ associations’ (Ghabra, 2003:107). The change in the power base was not only effected by the external political circumstances possibly rooted in tribal loyalty, but also by socio-economic realities. It is amply clear that the rapidly massive change in the region enabled Kuwait’s radical Islamists to finally achieve a forum for their voice. Furthermore, the demise of the British Protectorate status of Kuwait further weakened secular control, only to be replaced by a reactionary alternative influence that up until now lay dormant. According to Ghabra (2003:107) ‘In most nongovernemental organizations, every election after 1979 was characterised by an attempt on the part of Islamic forces to gain control.’

            As reported by Al-Naqib (1989:152), the Kuwaiti government was confronted with pan-Arab Nationalist and other opposition when it sought to suspend parliament in 1976. As a result of this, the government decided to form a coalition with the non-radical, non-political, moderate Islamic forces of Kuwait (ibid). This in turn gave leeway to the Social Reform Society (Islamists) who exploited the faults and deficiencies of the the nationalist and secular associations, whilst benefitting from their own ties with the Government (Ghabra 1991:206).

In 1962, the Social Reform Society was founded as a charitable organisation whose ideals where based on philanthropy. During that time in Kuwait’s history the group known as the Muslim Brotherhood[1] was a fringe entity that gathered strength after the 1967 war[2] and following the “Nasirist” setback; it was at that point that the Brotherhood had started to infiltrate the Social Reform Society. They came into significance when they showed their dissatisfaction towards secular changes at Kuwait University when the administration introduced coeducation in their education system. The Brotherhood was opposed to this change and as a consequence public debate was attended by those youths who opposed coeducation signifying an ‘...important reorientation...’; thus it was no longer the elder members of the community who were participants in Islamic Activities as was the case in the 1950’s ad 1960’s (Ghabra 1991:206).

During that time, the government dismissed the Islamic Groups desire as non grata, as it did not consider them to be a significant political challenge to the status quo; similarly, they did not give any significance to the voice of the younger generation’s anti-coeducational stance. The beginning of the 1970’s was a valuable time for the Kuwaiti Islamic group. In 1977, followers of the Islamic group governed student activity within the university. In addition, the revolution in Iran played a vital role in the outlook of Muslim organizations. Islamic factions made great use of the surge in the Islamic reawakening; in doing so they gained and recruited innumerable members for their growing organization (Ghabra 1991:206-207). 

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[1] As stated by (Al-naqib 1989:130) : ‘...extremist, reactionary religious movements with their semi-Faschist ideology, represented by the Muslim Brotherhood, the Salafis, the ultra-conservative Shi’ites and other small splinter groups.’

[2] For further details see page 328 in Overy, R. (2010), The Times complete history of the world.

It is important to note that the Social Reform Society formed several committees whose primary objectives amongst other things were cultural and religious with the promotion of Quranic studies and Islamic book fairs, in addition to other venues to strengthen its public relations, as well as collecting ‘Zakat’[1]. Amongst other committees, the ones that gained significant followings together with other philanthropic organisations were the womens’ and youths’ committees. They offered aid programs to ‘...South East Asia, Afghanistan, Jordan, and the Palestinians in the West Bank, Gaza, and Lebanon’ (Ghabra 1991:207). Ghabra notes that each committee had a substantial budget which enabled its existence as an institution in its own right under the umbrella of the Social Reform Society (ibid).

            Such wealth in the hands of virtually unknown entities -in the shadow of any political significance- became a powerful institution with money and influence. This also gave room for the more ‘...extreme and less tolerant ideology’ (Ghabra 1991:207). Such a puritanical emergence was a literal interpretation of the Quran that was ‘...divorced from any consideration of the contemporary context’ (ibid).

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[1] A charitable donation and an important pillar in the Islamic faith, was something the Social Reform Society was in charge of. This fund was intended to benefit members of the population who were poorer sectors of the community.

This basically meant that groups such as the Salafi movement or even Wahhabisim[1] found strength to push for their own agenda which was strict and often merciless[2].

             In the 1980’s the Heritage Society was formed; though it was marginal, its strength was gradual throughout the decade and as a consequence friction developed between the various factional followers (the strict Salafis) and ‘...the more flexible...’ Social Reform Society (Ghabra 1991:208). Ghabra compares this conflict in terms of intensity to that similar in the 1960’s between the ‘...communists and the new left parties’ (ibid). The editor of Al-Mujtama, Ismail Al-Shatti, in an interview (during the summer of 1989), commented ‘...these differences helped the brotherhood clarify its position and sharpen its argument regarding the role of Islam in society’ (ibid).

            It must be noted that within Kuwait the role of the large Shi’a community[3], which was represented by the Cultural and Social Society, ‘...came under the influence of the pan-Islamic ideology inspired by the Iranian revolution’ (Ghabra 1991:208). This society was formed in 1968 by the Kuwaiti Shiaa population, and developed its Islamic identity which came into significance after the revolution in Iran, a major political force ‘...and performed many religious, educational, and social functions for the Shiaa of Kuwait’ (ibid). They had their own Shiaa parliamentary candidate demonstrating a growing political clout.

            The domination of the Islamic forces within the Social Reform Society was more influential than the secular nationalist forces, as noted from 1977 onwards. The influence of the Islamists transcended the religious sphere and into other aspects of society and the economy, such as labour unions and food cooperatives. During the 1980’s the religious forces attempted to gain control of other associations in Kuwait ‘...and to encourage society to conform to Islamic codes and practices’ (Ghabra 1991:208). This included their infiltration and eventual takeover of the executive committee elections of the Society of the Kuwaiti Teachers, not to mention in particular how ‘...the Muslim Brotherhood of the Social Reform Society dominated the student council’ (Ghabra 1991:209).

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[1] See chapter 2 in God's terrorists: The Wahhabi cult and the hidden roots of modern Jihad, by Charles Allen.

[2] It is important to note that this was not taught in Islam during the time of the Prophet Mohammed.

[3] For further details see http://www.oed.com/view/Entry/178047?redirectedFrom=shia#eid

The importance of the brief historical explanation above is to demonstrate how Arab society, particularly that of Kuwait, has been influenced by its Arab and non Arab Muslim neighbours such as Iran with its own rich language (Persian), culture and history. This influence has always been characterised by nationalistic tension between Kuwait and Iran.

            However, the introduction of an ‘Islamic revolution’, in 1979, was a new concept to the mindset of the traditional Arab tribal patriarchal society which was based on loyalty, hierarchy, and the maintaining of the status quo. In addition, the flood of pan-Arabism that came from the North also posed a significant threat to Kuwait’s stability. This is because Iraq has historically laid a claim on Kuwait as part of its territory. During the Ottoman era what eventually became the State of Kuwait was a mere province that was governed from Basra as part of the Ottoman Empire. This new secularist idea from Iraq was not just a threat to Kuwait’s existence, but the Baathist regime that overthrew King Faisal of Iraq (in 1958) also posed a more immediate potential threat to the ruling Al-Sabah family of Kuwait. At the time, any true alliance could only have been with Kuwait’s neighbour Saudi Arabia, because of historical links. The links were not only tribal, as for example, the alliance of the Al-Saud and the Al-Sabah families during the early conquest of the Najd area[1], and both families were not only Sunni but also ruling families of their area with significant new oil wealth.

            Furthermore, the Saudi ruling family established a partnership with the religious followers of Abdullah bin Wahhab. At the time it seemed natural for Kuwait to extend a hand of friendship to what it believed to be a benign, non-political religious organisation. Ironically, the extremist Wahhabi splinter group morphed into the Muslim Brotherhood which was established in Egypt 1928 and built on Wahhabi foundations predicated on Jihad. Extremist puritanical groups such as the Muslim Brotherhood grew over time gaining both ground and influence in Kuwaiti society[2].

            It is imperative, therefore, to comprehend the role of such influences in modern Kuwait. ‘Integral to the Wahhabi agenda was the establishment of a Muslim society merging government and religious authority. This agenda was dictated by a literal meaning of the Quran, and the collection of accepted sayings[3]...’ (Bromley and Melton 2002: XV).

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[1] For further information refer to chapter 3 in Al-Ghanim, S., (1998), The reign of Mubarak Al-Sabah Shaikh of Kuwait 1896-1915

[2] ‘The Wahhabis wanted to continue their expansion in the Arab world by expelling the British and French.  Ibn Saud broke with the Wahhabis in 1927 when the Wahhabis denounced him for selling out the cause.  Ibn Saud seeing the reign of terror begun by the Wahhabi religious police, fearing loss of his country in a fight with the colonial powers, and desiring to pursue oil exploration concessions, began a brutal repression of the Wahhabis and many of the Ikhwan fled to Egypt and other Arab countries’ Servold, G.M. (2003). See chapter 3for extensive background.

[3] Also known as ‘hadith’. See: http://www.britannica.com/EBchecked/topic/251132/Hadith 

One such consequence of the Wahhabi influence has been the segregation of the sexes at the University of Kuwait - along with all other Universities in Kuwait such as the American University of Kuwait where education

‘...is hindered by laws requiring gender segregation and censorship, and by social limitations that are institutional as much as cultural. Conflicting identities are visible, some conflated with Islamism, others with divergent expectations about gender roles...’ (Tétreault 2011:81).     

Since the segregation law of number 24/1996 which came into effect at the time of its publication in the official Gazette on May 9th 2004, and the implementation of law number 30/2004[1] regarding the New University city[2], at the time of the writing of this paper, a segregated university is under construction[3] with duplicate facilities for males and females-with a man made river separating the two[4] Members of the Muslim Brotherhood[5] have been directly responsible – along with other extremist groups such as Salafis– for the radicalisation of the University of Kuwait. 

Because education is the basis of civilised society, a young oil rich developing nation such as Kuwait it can be argued that it should continue to direct its growth in a way that enables its educational institutions to prepare the youth of Kuwait to participate as valuable members of the global community. One is led to question whether the 2004 segregation law will have progressive or retrogressive effects on the consciousness of the Kuwaiti youth long term and the ramifications. The State of Kuwait has reached the stage where it is beginning to carefully weigh the potential positive and/or negative psycho-social consequences of the segregation law. The future will determine whether the eventual effects of such a law will prove a benefit or a liability for Kuwait.

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[1] Law 24/1996 along with the publication in the official gazette, and law 30/2004 are available in  appendix A (page 43), along with relevant sections taken from the booklet: Unconstitutional Laws ‘Sout AlKuwait’ (Voice of Kuwait) which relate to these two laws, available in appendix B (page 47).

[2] http://www.thenational.ae/news/worldwide/kuwait-university-short-of-space-segregating-sexes-blamed Available in appendix C (page 64)

[3] Refer to http://www.planning.kuniv.edu.kw/English/ku%20new_city2.htm and http://www.planning.kuniv.edu.kw/English/ku%20new_city6.htm

[4] http://www.gulfconsult.net/

[5] See appendix B (page 47) for the MP’s in favour of the gender segregation law. (Note: some MP’s have voted for the segregation law for political or personal agendas, rather than for ‘religious reasons’).

Education is a fundamental right that is expected upon a society to provide for its well being and progress. The consequences of this law in my opinion may not be positive for creating a progressive civil society that could be competitive in the global community. This is because at university the level students should be treated as adults, as reported in several students’ commentaries.

            In addition, as is it clearly demonstrated by the comments made by the students and teachers, there will be inevitable consequences of the new law. Some of the students’ comments revealed their difficulties in interacting with the opposite gender due to the fact that they have been taught at segregated schools. Not only does this create a problem for them once they are faced with a teacher of the opposite gender in Kuwait University, but their levels of motivation and participation as well as their participation in the classrooms is affected. Furthermore, once they venture into the workplace where the possibility of both genders to interact is likely, one can expect an environment of intimidation and other tensions created in a conservative segregated society.

 Politics aside, a practical society needs to have a tolerant interactive community and if this cannot be established within academic institutions, then it is inevitable that it will be a weak foundation for civil society. What has been established so far from empirical data collection as well as taking the opinion of teachers and students on record and off the record, the law has not been received positively. Moreover, one can confidently say where students have been hesitant in criticising the law, it has been mainly due to cultural and traditional bias.  It would be unfair to suggest the findings presented in this study are comprehensive enough to be conclusive, in other words a proper empirical data collection is required on a long term study, rather than a few classes during the summer. The limitations were due to selective classes and topics as well lack of time and other hindrances. One thing for sure, both students and teachers will adapt because they have to since it is the law, which does not necessarily mean it is a good law when there is no choice. Unfortunately there is no evidence to suggest that students and teachers are adapting, this is because a consultative based on studies and scientific research were not the motive behind this law.

            At the time of writing this paper, a lawsuit is ‘...currently making its way through the Administrative Court to overturn the gender segregation law’ (Tetreault 2011:93).

            It is difficult to predict what the future will hold for Kuwait University since this is a highly politically charged issue. What should be born in mind is that ‘democracy’ in Kuwait is in its infancy with a lot of political groups that have vested interests; and gender segregation has become a tool for their agenda. This is done without a balanced outlook for the future, as well as for the benefit of the students and public institutions, such as Kuwait University. I fear that in the midst of political wrangling an opportunity to develop the education system is being overshadowed.  The consequences of a country wholly dependent on oil will be dire, because a society’s interests lie in its economic and social prosperity in order to establish a tolerant, diverse and a competitive society, and the basis of this is education.

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