"when considering some aspects of legal gender inequality in sharia law and how to address them in a constructive way."
In which country/ies do you think this has been best adressed? I.e.: Which Muslim-majority country has a legal code that has the most gender equality?

To some of your other points: Yes, one of the hijab's main uses is as a symbol of rejection of the West ("the West" would have to be defined here, to some people it means "everything I like" while to others it means "everything I don't like"). Also, the fact that many feminists are heavily influenced by the West discredits them to a large degree in many places. In what I read it was linked to memories of colonialism.

Related: Is "Western" an epithet/discrediting in former colonies like India/Singapore? Is it for Indian Muslims?

it’s difficult for me to understand why some Muslim women writers insist that the hijab worn by choice is not oppressive

I've read many debates on this subject elsewhere, and to me it hinges on whether the hijab-wearing is really by choice.

To me, feminism isn't about having women make a particular set of life choices; it’s about equipping them with the freedom to make whatever choices they believe are best for them, and the knowledge of and exposure to a wide variety of options that they will need to make informed choices.

Oddly, though as a secular Western feminist I will probably never understand the urge to wear a hijab (or all sorts of other clothing choices, either highly conservative or highly revealing), to me it’s practically just as patriarchal to tell a woman that she should not be allowed to wear a hijab as it is to force her to wear one.

I've read many debates on this subject elsewhere, and to me it hinges on whether the hijab-wearing is really by choice.

Well, if you talk to young hijab-wearers in North America, many will say it's a freely made choice based on Muslim identity, etc. and not because they're pressured to veil by parents or spouses. The choice is arguably informed because they are living in a pluralistic society and are exposed to alternatives all the time. One Muslim girl at my work says that it immediately removes any sense of being "checked out" or objectified by men.

A bit of a grey area. If a woman doesn't feel oppressed, how does a person convince her that she is oppressed?

As for wearing certain kinds of clothing...well, most people dress in a way that reflects their identity and/or conforms to cultural (or subcultural) expectations.

One Muslim girl at my work says that it immediately removes any sense of being "checked out" or objectified by men.

Coincidentally - or not - that's a similar rationale to the one for why Orthodox Jewish women are religiously required to dress conservatively (though this generally takes the form of long skirts or dresses and long-sleeved shirts), and married women are required to cover their heads in public or in the presence of unrelated men (in fact, Orthodox Judaism holds that married women leaving the home with uncovered heads have provided their husbands grounds for divorce).

Ostensibly men are helpless to resist the temptation of a woman’s hair (though given my own love/hate relationship with my rather characteristically Semitic hair, this is a viewpoint I’ll never entirely understand), so it’s the woman’s responsibility to refrain from providing the temptation. Why it’s not the man’s responsibility to control his hormones, or why conservative religion tends not to acknowledge that women are also subject to sexual temptation, is probably a rant for another day.

It wouldn’t be my personal choice to cover my hair, but then there is a reason why I don’t wear bikinis that has basically nothing to do with religion; people should be allowed to decide for themselves how private they want to be with their own bodies. Some people find objectification fun; most of the time I'm not one of them.

Why it’s not the man’s responsibility to control his hormones, or why conservative religion tends not to acknowledge that women are also subject to sexual temptation, is probably a rant for another day.

Yes, but even in a secular Western environment like North America, there is a strong expectation that women be sexy and that beauty is more valued than intelligence. It is this hypersexualization and perceived degradation of Western women that is noticed by Muslim women (and perhaps other orthodox/conservative types). Depending on how the woman views things, it may not be absolving men of responsibility as much as a refusal to conform to certain societal expectations about how women should dress.

Assuming the choice ultimately rests with the woman, there are pressures to conform to various cultural/subcultural expectations. Refusing to conform can result in marginalization/ostracism, but conforming to expectations that damage self-esteem can also be problematic.

BSR:

I think my extended comment to you got eaten by the anti-spam thing, but that Emory Family Law site might be useful to you - law.emory.edu/IFL/

Of course, there are lots of unenforced laws promoting gender equality.

And yes, "Western" is often a convenient way to discredit but in this case I'm using the loose "Western secular liberal cultural concepts" definition.

Really not sure how much Indian Muslims identify with pan-Arab/ME anger.

Thanks for the link.

I know it's frustrating to retype what the Internet monster ate but would you tell me again which Muslim-majority country(or handful of countries) has, in your opinion, given women the best deal?

BSR, you might well wish to define what you mean by "best deal" and in what context. It is not really an answerable question as posed.

Col,

Right, my question stemmed from:" I think this point is especially important when considering some aspects of legal gender inequality in sharia law and how to address them in a constructive way."

So "best deal" would be legal gender equality. One can say that a country has laws that aren't enforced and that unenforced laws are, at best, unconsequential and at worst counter-productive. In this case, the question would be which country's system gives the greatest amount* of practical legal gender equality. If the amount of enforcement is not known to a sufficient extent, just a simple guess at which Muslim-majority country gives the most legal gender equality will be enough for me. I want to know which Muslim-majority country, according to Eerie (originally at least, feel free to answer), gives women the best deal in its legal/judicial system.

*Which need not be perfect, just the best/least worst.

BSR:

This is the problem, assuming that the "best deal" for women in MENA is legal equality across the board in sharia-based personal status law. The basis of the inequality in marriage and inheritance law comes from the idea that men are responsible for taking care of and protecting women (as mentioned in the Qur'an). Without having any statistics handy, my impression is that women still do not constitute a large part of the workforce and don't tend to work after marriage unless there is a real economic need. I do recall a figure somewhere about 15% of Cairene women being the primary breadwinners, but will have to verify. In the case of inheritance, perhaps there should be a provision for women who aren't directly supported by any male to get an equal share of inheritance (relative to the male).

It may also be wiser to focus on strengthening divorce laws so that (largely non-working) women do not have to deal with secret/surprise talaq divorces, secret second wives and so on. Also, sharia provisions granting women their own assets should be upheld and extended so that women who get divorced have some means to support themselves. These provisions are already in the sharia to some degree, so extending them to better protect women would not necessarily be viewed as an imposition of Western ideals.

Anyway, my point here is to try and show that with such vastly different societal expectations (very strong emphasis on family, pressure against divorce, pressure to be married, pressure on the male to provide for his family), the vague notion of legal "equality" may not make as much sense as simply ensuring that sharia-based personal status laws are equitable and enforced.

Regarding the "best deal" for women, my general view is that rural women across MENA get the worst of it and that elite women usually have a better time (though deal with similar social pressures). Unless we have some tangible benchmarks (e.g. a specific aspect of divorce law), credible statistics and realistic performance measures, it's a very hard question to answer.