Introduction
and Overview:
Recasting
the Middle East
Men are the
managers of the affairs of women
for that God
has preferred in bounty
one of them
over another ....
And those
you fear may be rebellious
admonish;
banish them to their couches,
and beat
them. --Quran,
Sura 4, verse 38
God . . .
makes it the duty of the man to provide all economic means for (his wife) . . .
. And in exchange for this heavy responsibility, that is, the financial burden
of the woman and the family, what is he entitled to expect of the woman? Except
for expecting her companionship and courtship, he cannot demand anything else
from the woman. According to theological sources, he cannot even demand that she
bring him a glass of water, much less expect her to clean and cook
--Fereshteh
Hashemi, Iranian Islamist intellectual, 1980
The study of social change has tended to regard certain societal institutions and structures as central and then to examine how these change. Family structure, the organization of markets, the state, religious hierarchies, schools, the ways elites have exploited masses to extract surpluses from them, and the general set of values that governs society's cultural outlook are part of the long list of key institutions. In societies everywhere, cultural institutions and practices, economic processes, and political structures are interactive and relatively autonomous. In the Marxist framework, infrastructures and superstructures are made up of multiple levels, and there are various types of transformations from one level to another. There is also an interactive relationship between structure and agency, inasmuch as structural changes are linked to "consciousness"--whether this be class consciousness (of interest to Marxists) or gender consciousness (of interest to feminists).
Social change and societal
development come about principally through technological advancements, class
conflict, and political action. Each social formation is located within and
subject to the influences of a national class structure, a regional context, and
a global system of states and markets. The world-system perspective regards
states and national economies as situated within an international capitalist
nexus with a division of labor corresponding to its constituent parts--core,
periphery, and semiperiphery. As such, no major social change occurs outside of
the world context.' Thus, to understand the roles and status of women or changes
in the structure of the family, for example, it is necessary to
examine economic development and political change, which in turn are affected
by regional and global developments. As we shall see in the discussion of
women's employment, the structural determinants of class location, state legal
policy, development strategy, and world market fluctuations come together to
shape the pace and rhythm of women's integration in the labor force and their
access to economic resources. Figure 1.1 illustrates the institutions and
structures that affect and arc affected by social changes in a Marxist inform
ed world system perspective. The institutions arc embedded within a class
structure (the system of production, accumulation, and surplus distribution),
a set of gender arrangements (ascribed roles to men and women through custom or
law; cultural understandings of "feminine" and "masculine"),
a regional context (the Middle East, Europe. Latin America), and a world system
of states and markets characterized by asymmetries between core, periphery, and
semi-periphery countries.
The study of social change is also often done comparatively. Although it
cannot be said that social scientists have a single, universally recognized
"comparative method," some of our deepest insights into society and
culture are reached in and through comparison. In this book, comparisons among
women within the region will be made, and some comparisons will be made between
Middle Eastern women and women of other Third World regions. Indeed, as a major
objective of this book is to show the changing and variable status of women in
the Middle East, the most effective method is to study the subject
comparatively, emphasizing the factors that best explain the differences in
women's status across the region and over time.
Yet such an approach is rarely applied to the Middle East,
and even less so to women in Muslim societies in general.²
The Debate on the Status of Arab-Islamic Women
That women's legal status and social positions are worse in
Muslim countries than anywhere else is a common view. The prescribed role of
women in Islamic theology and law is often argued to be a major determinant of
women's status. Women are perceived as wives and mothers, and gender segregation
is customary, if not legally required. Whereas economic provision is the
responsibility of men, women must marry and reproduce to earn status. Men,
unlike women, have the unilateral right of divorce; a woman can work and travel
only with the written permission of her male guardian; family honor and good
reputation, or the negative consequence of shame, rest most heavily upon the
conduct of women. Through the Shari'a, Islam dictates the legal and
institutional safeguards of honor, thereby justifying and reinforcing the
segregation of society according to sex. Muslim societies are characterized by
higher-than-average fertility, higher-than-average mortality, and rapid rates of
population growth. It is well known that age at marriage affects fertility. An
average of 34 percent of all brides in Muslim countries in recent years have
been under twenty years of age, and women in Muslim nations bear an average of
six children.
The Muslim countries of the Middle
East and South Asia also have a distinct gender disparity in literacy and
education, as well as low rates of female labor force participation.3 In 1980
the proportion of women to men in the paid labor force was lowest in the Middle
East (29 percent, though not far behind Latin America) and highest in Eastern
Europe and the Soviet Union, where the proportion was 90 percent.4
High fertility, low literacy, and low labor force participation are
commonly linked to the low status of women, which in turn is often attributed to
the prevalence of Islamic law and norms in Middle Eastern societies. It is said
that because of the continuing importance of values such as family honor and
modesty, women's participation in nonagricultural or paid labor carries with it
a social stigma, and gainful employment is not perceived as part of their roles
Muslim societies, like many others,
harbor illusions about immutable gender differences. There is a very strong
contention that women are different beings--different often meaning inferior--which
strengthens social barriers to women's achievement. In the realm of education
and employment, not only is it believed that women do not have the same
interests as men and will therefore avoid men's activities, but also care is
exercised to make sure they cannot prepare for roles considered inappropriate.
Women's reproductive function is used to justify their segregation in public,
their restriction to the home, and their lack of civil and legal rights. As both
a reflection of this state of affairs and a contributing factor, very few
governments of Muslim countries have signed or ratified the United Nations
Convention on the Elimination of All Forms of Discrimination Against Women. Half
of the forty-nine countries that have not signed have large Muslim populations.
In many Muslim countries, where gender inequality exists in its most egregious
forms, it claims a religious derivation and thus establishes its legitimacy.
Is the Middle East, then, so
different from other regions? Can we understand women's roles and status only in
terms of the ubiquity of deference to Islam in the region? In fact, such
conceptions are too facile. It is my contention that the position of women in
the Middle East cannot be attributed to the presumed intrinsic properties of
Islam. It is also my position that Islam is neither more nor less patriarchal than other major
religions, especially Hinduism and the or ear two Abrahamic religions, Judaism
and Christianity, all of which share the view of woman as wife and mother.
Within Christianity, religious s omen continue to struggle for a position equal
with men, as the ongoing debate over women priests in Catholicism attests. In
Hinduism a potent female symbol is that of the sari, the self immolating
widow. And the Orthodox Jewish law of personal status bears many similarities to
the fundamentals of Islamic law, especially with respect to marriage and
divorce. The gender configurations that draw heavily from religion and
cultural norms to govern women's work, political praxis, and other aspects of
their lives in the Middle East are not unique to Muslim or Middle Eastern
countries.
Religious-based
law exists in the Middle East, but not exclusively in Muslim countries; it is
also present in the Jewish state of Israel. Rabbinical judges are reluctant to
grant women divorces, and, as in Saudi Arabia, Israeli women cannot hold public
prayer services. The sexual division of labor in the home and in the society is
largely shaped by the Halacha, or Jewish law, and by traditions that continue to
discriminate against women. Marital relations in Israel, governed by Jewish law,
determine that the husband should pay for his wife's maintenance, while she
should provide household services. According to one account, "The structure
of the arrangement is such that the woman is sheltered from the outside world by
her husband and in return she adequately runs the home. The obligations one has
toward the other are not equal but rather based on clear gender
differentiation."6
Neither are the marriage and fertility patterns mentioned above unique to
Muslim countries; high fertility rates are found in sub-Saharan African
countries today and were common in Western countries in the early stage of
industrialization and the demographic transition. The low status accorded
females is found in non-Muslim areas as well. In the most patriarchal regions of
West and South Asia, especially India, there are marked gender disparities in
the delivery of health care and access to food, resulting in an excessive
mortality rate for women. In northern India and rural China, the preference for
boys leads to neglect of baby girls to such extent that infant and child
mortality is greater among females; moreover, female feticide has been well
documented. Thus, the low status of women and girls is a function not of the
intrinsic properties of any one religion but of kin-ordered patriarchal and
agrarian structures.
Finally, it should be recalled that in all Western
societies women as a group were disadvantaged until relatively recently.8
Indeed, Islam provided women with property rights for centuries while women in
Europe were denied the same rights. In
India, Muslim property codes were more progressive than English law until the
mid-nineteenth century. It should be stressed, too, that even in the West there
are marked variations in the legal status, economic conditions, and social
positions of women. The United States, for example, compares poorly to
Scandinavia and Canada in terms of social policies for women. Why Muslim women
lag behind Western women in legal rights, mobility, autonomy, and so forth, has
more to do with developmental issues--the extent of urbanization,
industrialization, and proletarianization as well as the political ploys of
state, managers with religious and cultural factors.
Gender asymmetry and the status of
women in the Muslim world cannot be solely attributed to Islam because adherence
to Islamic precepts and the applications of Islamic legal codes differ
throughout the Muslim world. For example, Tunisia and Turkey are secular states,
and only Iran has direct clerical rule. Consequently, women's legal and social
positions are quite varied, as this book will detail. And within the same Muslim
society there are degrees of sex-segregation, based principally on class. Today
upper class women have more mobility than lower-class women, although in the
past it was the reverse: Veiling and seclusion were upper-class phenomena. By
examining changes over time and variations within societies and by comparing
Muslim and non-Muslim gender patterns, one recognizes that the status of women
in Muslim societies is neither uniform nor unchanging nor unique.
In recent years the subject of women in
the Middle East has been tied to the larger issue of Islamic revival, or
"fundamentalism," in the region. The rise of Islamist movements in the
Middle East has once again reinforced stereotypes about the region, in
particular the idea that Islam is ubiquitous in the culture and politics of the
region, that tradition is tenacious, that the clergy have the highest authority,
and that women's status is everywhere low. How do we begin to assess the status
of women in Islam or in the Middle East? Critics and advocates of Islam hold
sharply divergent views on the utter. One author ha sardonically classified much
of the literature on the status of women as representing either "misery
research" or "dignity research." The former focuses on the
utterly oppressive aspects of Muslim women's lives, while the latter seeks to
show the strength of women's positions in their families and communities. In
either case, it is the status of women in Islam that is being scrutinized. Leila
Ahmed once concluded that Islam is incompatible with feminism--even with the,
am/modernist no ion of women's rights-because Islam regards women as the weak
and inferior sex Freda Hussein has raised counterarguments based on the concept
of "complementarily of the sexes" in Islam. Mernissi and others,
although critical of the existing inequalities, have stressed that the idea of
an inferior sex is alien to Islam, that because of their "strengths"
women, had to be subdued and kept under control.9
As noted by the Turkish sociologist Yakin Erturk, these arguments draw attention to interesting and controversial aspects of the problem, but they neither provide us with consistent theoretical tools with which to grasp the problem of women's status nor guide us in formulating effective policy for strategy and action. They are either highly ethnocentric in their critique of Islam or too relativistic in stressing cultural specificity. The former approach attributes a conservative role to Islam, assuming that it is an obstacle to progress whether it be material progress or progress with respect to the status of women. Erturk argues that overemphasizing the role of Islam not only prevents us from looking at the more fundamental social contradictions that often foster religious requirements but also implies little hope for change, because Islam is regarded by its followers as the literal word of God and therefore absolute. The cultural relativist approach produces a circular argument by uncritically relying on the concept of cultural variability/specificity in justifying Islamic principles. Erturk notes that many Western observers who resort to relativism in their approach to Islam hold liberal worldviews and treat Islamic practices within the context of individual freedom to worship; any interference with that freedom is seen as a violation of human rights. But gender tends to become occluded by this preoccupation with the human rights of cultural groups. As for the Muslim thinkers, a relativist stand is essentially a defensive response and imprisons its advocates in a pseudo-nationalistic and religious pride.10
However, as stated earlier, one
premise of this book is that Islam is neither more nor less patriarchal than the
other major religions. Moreover, Islam is experienced, practiced, and
interpreted quite differently over time and space. The Tunisian sociologist
Abdelwahab Bouhdiba convincingly shows that although the Islamic community
considers itself unified, Islam is fundamentally "plastic," inasmuch
as there are various Islams--Tunisian, Iranian, Malay, Afghan, Nigerian, and so
on. » Thus, in order to understand the social implications of Islam, it is
necessary to look at the broader sociopolitical and economic order within which
it is exercised. As Erturk correctly observes, and as can be discerned from the
two contrasting quotes at the beginning of this chapter, whether or not the
content of the Quran is inherently conservative and hostile toward women is
relevant, but it is less problematic than it is made out to be.
An alternative to the conceptual
trap and political problem created by the devil of ethnocentrism and the deep
blue sea of cultural relativism needs to be developed. In this regard it is
useful to refer to various "universal declarations" and conventions
formulated within the United Nations and agreed upon by the world community. For
example, the Universal Declaration on Human Rights (of 1948) provides for both
equality between women and men and freedom of religion. The practical meaning of
gender equality and means to achieve it have been reflected in the United
Nations Convention on the Elimination of All Forms of Discrimination Against
Women, adopted on December 10, 1979. The Convention entered into force in 1981
and by July 1992 had 114 government signatories. Similarly, the type of actions
necessary to achieve equality by the year 2000 are set out in the Nairobi
Forward-looking Strategies adopted by the United Nations General Assembly
by consensus in 1985, at the end of the World Decade on Women. While the
Strategies are not legally binding, they reflect a moral consensus of the
international community and provide an understanding of how equality should be
interpreted in practice. The Strategies strongly emphasize the necessity of
fully observing the equal rights of women and eliminating de jure and
de facto discrimination. They address in particular social, economic,
political, and cultural roots of de facto inequality. The Strategies provide a
set of measures to improve the situation of women with regard to social
participation, political participation and decision making, role in the family,
employment, education and training, equality before the law, health, and social
security.
The Universal Declaration on Human
Rights, the Convention, and the Strategies are all intended to set out
universally agreed-upon norms. They were framed by people from diverse cultures,
religions, and nationalities and intended to take into account such factors as
religion and cultural traditions of countries. For that reason, the Convention
makes no provision whatsoever for differential interpretation based on culture
or religion. Instead, it states clearly in Article 2 that "States Parties .
. . undertake . . . to take all appropriate measures, including legislation, to
modify or abolish existing laws, regulations, customs and practices which
constitute discrimination against women . . . ."12 All three international
standards are thus culturally neutral and universal in their applicability. They
provide a solid and legitimate political point of departure for women's rights
activists everywhere.
As for social-scientific research
to assess and compare the positions of women in different societies, a sixfold
framework of dimensions of women's status adopted from Janet Giele--a framework
that is quite consistent with the spirit of the Convention and the Nairobi
Forward--looking Strategies--can usefully guide concrete investigations of
women's positions within and across societies.13
●
Political
expression: What rights do women possess, formally and otherwise? Can
they own property in their own right? Can they express any dissatisfactions
within their own political and social movements?
●
Work and mobility: How do women fare in the
formal labor force? How mobile are they, how well are they paid, how are their
jobs ranked, and what leisure do they get?
●
Family: Formation, duration, and size:
What is the age of marriage? Do women choose their own partners? Can they
divorce them? What is the status of single women and widows? Do women have
freedom of movement?
●
Education: What access do women have, how
much can they attain, and is the curriculum the sane for them as for men?
●
Health and sexual control:
What is women's mortality, to what particular illnesses and stresses (physical
and mental) are they exposed, and what control do they have over their own
fertility?
●
Cultural expression: What images of women and
their "place" are prevalent, and how far do these reflect or determine
reality? What can women do in the cultural field?
This is a useful way of specifying
and delineating changes and trends in women's social roles in the economy, the
polity, and the cultural sphere. It enables the researcher (and activist) to
move from generalities to specificities and to assess the strengths and
weaknesses of women's positions. It focuses on women's betterment rather than on
culture or religion, and it has wide applicability. At the same time, it draws
attention to women as actors. Women are not only the passive targets of policies
or the victims of distorted development; they are also shapers and makers of
social change-especially Middle Eastern women in the late twentieth century.
Diversity in the Middle East
To study the Middle East and Middle
Eastern women is to recognize the diversity within the region and within the
female population. Contrary to popular opinion, the Middle East is not a uniform
and homogeneous region. Women are themselves stratified by class, ethnicity,
education, and age. There is no archetypal Middle Eastern woman, but rather
women inserted in quite diverse socioeconomic and cultural arrangements. The
fertility behavior and needs of a poor peasant woman are quite different from
those of a professional woman or a wealthy urbanite. The educated Saudi woman
who has no need for employment and is chauffeured by a Sri Lankan migrant worker
has little in common with the educated Iranian woman who needs to work to
augment the family income and also acquires status with a professional position.
There is some overlap in cultural conceptions of gender in Iran and Saudi
Arabia, but there are also profound dissimilarities (and driving is only one of
the more trivial ones). Saudi Arabia is far more conservative than Iran in terms
of what is considered appropriate for women.
Women are likewise divided
ideologically and politically. Some women activists align themselves with
liberal, social democratic, or communist organizations; others support Islamist/fundamentalist
groups. Some women reject religion as patriarchal; others wish to reclaim
religion for themselves or to identify feminine aspects of it. Some women reject
traditions and time-honored customs; others find identity, solace, and
strength in them. More research is needed to determine whether social background
shapes and can predict political and ideological affiliation, but in general
women's social position has implications for their consciousness and activism.
The countries of the Middle East and North Africa differ in their historical evolution, social composition, economic structures, and state forms. All the countries are Arab except Turkey, Iran, Afghanistan, and Israel. All the countries are Muslim except Israel. All Muslim countries are predominantly Sunni except Iran, which is predominantly Shi'a. Some of the countries have sizable Christian populations (Egypt, Lebanon, Syria, Iraq, the Palestinians); others are ethnically diverse (Iran, Lebanon, Afghanistan); some have had strong working-class movements and trade unions (Egypt, Tunisia, Iran, Turkey) or large communist organizations (Egypt, Sudan, Iran, the Palestinians). Others have nomadic and semi-sedentary populations (Saudi Arabia, Libya, Oman). In almost all countries, a considerable part of the middle classes have received Western-style education.
Economically, the countries of the region comprise oil economies poor in other resources, including population (United Arab Emirates [UAE], Saudi Arabia, Oman, Qatar, Kuwait, Libya); mixed oil economies (Tunisia, Algeria, Syria, Iraq, Iran, Egypt); and non-oil economies (Israel, Turkey, Jordan, Morocco, Sudan, Yemen). The countries are further divided into the city-states (such as Qatar and the UAE); the "desert states" (for example, Libya and Saudi Arabia); and the "normal states" (Turkey, Egypt, Iran, Syria). The latter have a more diversified structure, and their resources include oil, agricultural land, and large populations. Some of these countries are rich in capital and import labor (Libya, Saudi Arabia, Kuwait), while others are poor in capital or are middle-income countries that export labor (Algeria, Egypt, Tunisia, Turkey, Yemen). Some countries have more-developed class structures than others; the size and significance of the industrial working class, for example, varies across the region. There is variance in the development of skills ("human capital formation"), in the depth and scope of industrialization, in the development of infrastructure, and in standards of living and welfare.
Politically, the state types range
from theocratic monarchism (Saudi Arabia) to secular republicanism (Turkey).
States without constitutions are all Gulf states except Kuwait. Many of the
states in the Middle East have had consistent legitimacy problems, which became
acute in the 1980s. Political scientists have used various terms to describe the
states in the Middle East: "authoritarian-socialist" (for Algeria,
Syria, Iraq), "radical Islamist" (for Iran and Libya),
"patriarchal-conservative" (for Saudi Arabia, Morocco, Jordan), and
"authoritarian-privatizing" (for Turkey, Tunisia, Egypt). Some of
these states have strong capitalistic features, while others have strong
feudalistic features. In this book I use "neopatriarchal state,” adopted
from Hisham Sharabi, as an umbrella term for the various state types in the
Middle East.14 In the neopatriarchal state, unlike liberaI democratic societies,
Middle Eastern countries bind religion to power and state authority, resulting
in a situation whereby the family, rather than the individual, constitutes the
universal building block of the community.
In the Middle East there is a variable mix of religion and
politics. For example, Islam is not a state religion in Syria, whose
constitution provides that "freedom of religion shall be preserved, and the
state shall respect all religions and guarantee freedom of worship to all,
provided that public order is not endangered." Syria's Muslim majority
coexists with a Christian minority totaling about 12 percent of the population.
Christian holidays are recognized in the same way as Muslim holidays. Syria
observes Friday rest but also allows time off for Christian civil servants to
attend Sunday religious services. The constitution also guarantees women
"every opportunity to participate effectively and completely in political,
social, economic, and cultural life." Although women, especially in Syrian
cities, enjoy a degree of freedom comparable to their counterparts in the West,
it is difficult to reconcile women's rights with Quranic law, which remains
unfavorable to women with regard to marriage, divorce, and inheritance.
Table 1.1 illustrates some economic
characteristics of Middle Eastern countries, as well as juridical features
relevant to women. A key factor shared by all countries except Tunisia and
Turkey is the absence of a comprehensive civil code. Most of the countries of
the Middle East and North Africa are governed to some degree by Islamic canon
law, the Shari'a. (Israeli law is based on the Halacha.) Only in Turkey is there
a constitutional separation of church and state.
Given
the wide range of socioeconomic and political conditions, it follows that gender
is not fixed and unchanging in the Middle East (and neither is culture). There
exists internal regional differentiation in gender codes, as measured by
differences in women's legal status, education levels, fertility trends,
employment patterns, and political participation. For example, gender
segregation in public is the norm and the law in Saudi Arabia but not in Syria,
Iraq, or Morocco. In Iran, Egypt, Tunisia, and elsewhere, women vote and run for
parliament. In Turkey, the female share of certain high-status occupations (law,
medicine, judgeship) is considerable. Following the Iranian Revolution, the new
authorities prohibited abortion and contraception, and lowered the age of
consent to thirteen for girls. But in Tunisia contraceptive use is widespread,
and the average age of marriage is twenty-founts Afghanistan has the highest
rate of female illiteracy among Muslim countries, but the state took important
steps after the Saur Revolution of April 1978 to expand educational facilities
and income-generating activities for women. And, as seen in Table 1.2, women's
participation in government as key decision makers and as members of parliament
varies across the region.
If all the countries we are studying are Muslim (save Israel), and if the legal status and social positions of women are variable, then logically Islam and culture are not the principal determinants of their status. Of course. Islam can be stronger in some cases than in others, but what I wish to show in this book is that women's roles and status are structurally determined by state ideology (regime orientation and juridical system), level and type of economic development (extent of industrialization, urbanization, proletarianization, and positron m the world system), and class location. A sex/gender system informed by Islam may be identified, but to ascribe principal explanatory power to religion and culture is methodologically deficient, as it exaggerates their influence and renders them timeless and unchanging. Religions and cultural specificities do shape gender systems, but they are not the most significant determinants and are themselves subject to change. The content of gender systems is also subject to change.
A
Framework for Analysis:
The theoretical framework that informs this study rests on the premise that stability and change in the status of women are shaped by the following structural determinants: the sex/gender system, class, the state, and development strategy that operate within the capitalist world system.
Sex/Gender
System
A
useful definition of gender is provided by de Lauretis:
The
cultural conceptions of male and female as two complementary yet mutually
exclusive categories into which all human beings are placed constitute within
each culture a gender system, that correlates sex to cultural contents according
to social values and hierarchies. Although the meanings vary with each concept,
a sex-gender system is always intimately interconnected with political and
economic factors in each society. In this light, the cultural construction of
sex into gender and the asymmetry that characterizes all gender systems cross-culturally
(though each in its particular ways) are understood as systematically linked to
the organization of social inequality.16
The sex/gender system is primarily a cultural construct that is itself constituted by social structure. That is to say, gender systems are differently manifested in kinship-ordered, agrarian, developing, and advanced industrialized settings. Type of political regime and state ideology further influence the gender system. States that are Marxist (for example, the former German Democratic Republic), theocratic (Saudi Arabia), conservative democratic (the United States), and social democratic (the Nordic countries) have quite different laws about women and different policies on the family.17
The
thesis that women's relative lack of economic power is the most important
determinant of gender inequalities, including those of marriage, parenthood, and
sexuality, is cogently demonstrated by Blumberg and Chafetz, among others. The
division of labor by gender at the macro level reinforces that of the household.
This dynamic is an important source women's disadvantaged position and of the
stability of the gender system. Another important source is juridical and
ideological. In most contemporary societal arrangements, "masculine"
and "feminine" are defined by law and custom; men and women have
unequal access to political power and economic resources, and cultural images
and representations of women are fundamentally distinct from those of men-even
in societies formally committed to social (including gender) equality.
Inequalities are learned and taught, and "the non-perception of
disadvantages of a deprived group helps to perpetuate those disadvantages."
18 Many governments do not take an active interest in improving women's status
and opportunities, and not all countries have active and autonomous women's
organizations to protect and further women's interests and rights. High
fertility rates limit women's roles and perpetuate gender inequality. Where the
state's policies and rhetoric are actively pronatalist, as with neopatriarchal
states, and where official and popular discourses stress sexual differences
rather than legal equality, an apparatus exists to create stratification based
on gender. The legal system, educational system, and labor market are all sites
of the construction and reproduction of gender inequality and the continuing
subordination of women.