Social Context of Women’s Experiences

This chapter examines the dynamics of Muslim marriages among women in Cape Town, employing Carole Pateman’s Sexual Contract as a theoretical framework. Pateman’s work elucidates the inherently patriarchal nature of social contracts, providing a valuable lens to understand the fraternal nature of Muslim marriages. The chapter explores the nikāḥ (Islamic marriage contract) and its limitations for women, addressing questions of agency, choice, and power within this cultural context. Against the backdrop of diverse historical backgrounds and societal histories, the research discusses the societal and religious significance of marriage. This exploration which took place through focus groups, reveals internalised pressures compelling women to fulfill cultural and traditional roles. Marriage is seen as central to perfecting one’s faith, yet entrenched hierarchies often privilege male interests, placing women in subordinate roles. The nikāḥ, conceived as both a marriage contract and a pre-nuptial agreement, is often underutilised by women due to limited bargaining power. Historical practices, such as the link between virginity and worth, have perpetuated inequalities. The mahr (dowry), designed for financial security, sometimes contributes to the expectation of a wife’s obedience, reinforcing hierarchical relationships. Uniform patterns in Muslim women’s marriage practices reveal that civil marriages or pre-nuptial contracts alongside a nikāḥ are rare. Polygamous marriages present additional challenges, exacerbating discrimination against women and lacking legal recognition in civil law.