Yesterday I finished Wael Hallaq’s Introduction to Islamic Law, which not only does a great job of explaining the classical structures of Shari’a legal reasoning but also mounts an argument that the imposition of modern state structures fundamentally transformed Shari’a law into something that would have been unrecognizable to pre-modern Muslims. This was most striking in his account of the aspect of Shari’a that superficially seems to have escaped unscathed from these changes — namely, family law. The implicit question underlying his argument is why precisely this was what the colonizers and indigenous modernizers “left alone,” and the answer is that maintaining implicit continuity with traditional Shari’a in this area served as cover for an agenda that replaced extended families with the modern nuclear family in Muslim countries.
This got me thinking: why would the modern state have a stake in the nuclear family? And I think the answer is that it is the absolute minimum level of solidarity — a reluctant concession to biological necessity in a society that otherwise wants to turn everyone into an individual monad. If the state endorsed or even tolerated other, more wide-ranging forms of solidarity, then a significant center of loyalty other than the state may arise, potentially undermining the state’s efforts to discipline and control the population and, in particular, opening up the possibility of economic relations not predicated on individualism and competition. Enshrining monogamous marriage and the nuclear family in law has the additional bonus that this minimal concession to community and solidarity owes its existence directly to the state, and so any discussion of how to change this arrangement must necessary be routed through the state.
I wonder if an analogy can be drawn with the rise of gay marriage. Why precisely this form of recognition for gay relationships? As we know, in periods when LGBT people were more marginal, communities structured more like “extended families” arose, which proved particularly important in caring for AIDS patients. Why not formalize the varied forms of relationships that were indigenous to the LGBT community, as opposed to a nuclear family model that few had the resources or inclination to imitate?
If we look at Hallaq’s account of the imposition of the nuclear family on Islamic countries, the reason is clear — gay marriage was a perfect opportunity to undermine the alternative forms of solidarity that had grown up in the LGBT community and a way to incorporate previously recalcitrant populations into the nuclear family model. And for those who are opposed to gay marriage, the struggle against it only serves to emphasize the state’s role in recognizing and supporting their relationships — giving them prestige which is watered down by the inclusion of more people into the system.
Hence I’d say that liberals who claim that gay marriage actually strengthens all marriage are correct, though that’s perhaps not as good a thing as they believe.