Muslim women's agency through a feminist institutionalist lens

Debates around accommodating minority religious groups in Western multicultural societies, particularly post-9/11, tend to focus on Muslim communities, and often draw on feminist arguments opposing multiculturalism to illustrate the 'perils' of accommodating minority religious orders. Namely, that religion is incompatible with gender equality, and reinforces oppressive constraints upon Muslim women. Multicultural theorists, such as Will Kymlicka, argue that minority groups should be granted special group rights and recognition to better protect their individual rights.1 Conversely, feminists, like Susan Okin, argue that such multicultural accommodation leads to oppression of vulnerable members within these groups.2 If women accept the norms of their culture or religion, which, against liberal ideals would be considered illiberal norms, then there can be no agency"”and agency would be rendered a useless, ineffectual concept.3 However, focusing on multiculturalism and feminism alone overlooks other influential forces that operate alongside culture and religion to impact Muslim women's lives and agency"”namely, the gender biases that emerge within a state's institutional landscape. This is particularly important when considering questions of religious accommodation, as 'secular' state institutions are often heralded as 'neutral',4 and thus pro-gender equality (compared to religious orders and norms). Nevertheless, the notion of neutrality in state institutions is a fallacy as there are gendered hierarchies and legacies within formal institutions that shape outcomes for women's agency. Employing a 'feminist institutionalist' lens to examine this helps to better understand the nuances surrounding Muslim women's agency in the Australian context. In doing so this chapter explores two formal institutions that have become sites for the Sharia debates in Australia"”family law and state multiculturalism. First, this chapter will outline existing discussions around Muslim women and agency, and the scope of feminist institutionalism as a frame through which to build on these understandings. It is important to also note that Muslim women in Western multicultural societies often straddle two worlds; and their experiences with formal state institutions and informal religious institutions may consist of intersecting patterns of both racism and sexism. As such, it is crucial to recognise that many Muslim women do not simply choose between state institutions and religious processes, they have the capacity to navigate (and do engage with) multiple institutions and legal forums.