Wemen section - , The Status of Women in Islam

The status of women in society is neither a new issue nor is it a
fully settled one.
The position of Islam on this issue has been among the subjects
presented to the Westernreader with the least objectivity.
This paper is intended to provide a brief and authentic exposition of
what Islam stands for in this regard. The teachings of Islam are based
essentially on the Quran (God's revelation) and Hadith (elaboration by
Prophet Muhammad).
The Quran and the Hadith, properly and unbiasedly understood, provide
the basic source of authentication for any position or view which is
attributed to Islam.
The paper starts with a brief survey of the status of women in the
pre-Islamic era. It then focuses on these major questions: What is the
position of Islam regarding the status of woman in society? How
similar or different is thatposition from "the spirit of the time,"
which was dominant when Islam was revealed? How would this compare
with the "rights" which were finally gained by woman in recent
decades?
II. HISTORICAL PERSPECTIVES
One major objective of this paper is to provide a fair evaluation of
what Islam contributed (or failed to contribute) toward the
restoration ofwoman's dignity and rights. In order to achieve this
objective, it may be useful to review briefly how women weretreated in
general in previous civilizations andreligions, especially thosewhich
preceded Islam (Pre-610 C.E.). Part of the information provided here,
however, describes the status of woman as late as the nineteenth
century, more than twelve centuries after Islam.
Women in Ancient Civilization
Describing the status of the Indian woman, Encyclopedia Britannica states:
In India, subjection was acardinal principle. Day and night must women
be held by their protectors in a state of dependence says Manu. The
rule of inheritance was agnatic, that is descent traced through males
to the exclusion of females.
In Hindu scriptures, the description of a good wife is as follows: "a
woman whose mind, speech and body are kept in subjection, acquires
high renown in this world, and, in the next, the same abode with her
husband."
In Athens, women were not better off than eitherthe Indian or the Roman women.
Athenian women were always minors, subject to some male - to their
father, to their brother, or to some of their male kin.
Her consent in marriage was not generally thought to be necessary and
"she was obliged to submit to the wishes of her parents, and receive
from them her husband and her lord, even though he were stranger to
her."
A Roman wife was described by an historianas: "a babe, a minor, a
ward, a person incapableof doing or acting anything according to her
own individual taste, a person continually under the tutelage and
guardianship of her husband."
In the Encyclopedia Britannica, we find a summary of the legal status
of women in the Roman civilization:
In Roman Law a woman was even in historic times completely dependent.
If married she and her property passed into the power of her
husband... the wife was the purchased property of her husband, and
like a slave acquired only for his benefit. A woman could not exercise
any civil or public office, could not be a witness, surety, tutor, or
curator; she could not adopt or be adopted, or make will or contract.
Among the Scandinavian races women were: under perpetual tutelage,
whether married or unmarried. As late as the Code of Christian V, at
theend of the 17th Century, it was enacted that if a woman married
without the consent of her tutor he might have, if he wished,
administration and usufruct of her goods during her life.
According to the English Common Law:
...all real property which a wife held at the time ofa marriage became
a possession of her husband. He was entitled to the rent from the land
and to any profit which might be made from operating the estate during
the joint life of the spouses. As time passed, the English
courtsdevised means to forbid a husband's transferring real property
without theconsent of his wife, but he still retained the right to
manage it and to receive the money which it produced. As to a
wife'spersonal property, the husband's power was complete. He had the
right to spend it as he saw fit.
Only by the late nineteenth Century did the situation start to
improve. "By a series of acts starting with the Married women's
Property Act in 1870, amended in 1882 and 1887, married women achieved
the right to own property and to enter contracts on a par with
spinsters, widows, and divorcees." As late as the Nineteenth Century
an authority in ancient law, Sir Henry Maine, wrote: "No society which
preserves any tincture of Christian institutions is likely to restore
to married women the personal liberty conferred on them by theMiddle
Roman Law."
In his essay The Subjection of Women, John Stuart Mill wrote:
We are continually told that civilization and Christianity have
restoredto the woman her just rights. Meanwhile the wife is the actual
bondservant of her husband; no less so, as far as the legal
obligationgoes, than slaves commonly so called.
Before moving on to the Quranic decrees concerning the status of
woman, a few Biblical decrees may shed more light on the subject, thus
providing a better basis for an impartial evaluation. In the Mosaic
Law, the wife was betrothed. Explaining this concept, the Encyclopedia
Biblical states: "To betroth a wife to oneself meant simply to acquire
possession of her by payment of the purchase money; the betrothed is a
girl for whom the purchase money has been paid." From the legal point
of view, the consent of the girl was not necessary forthe validation
of her marriage. "The girl's consent is unnecessary and the need for
it is nowhere suggested in the Law."
As to the right of divorce,we read in the Encyclopedia Biblical:"The
woman being man'sproperty, his right to divorce her follows as a
matter of course." The right to divorce was held only by man. "In the
Mosaic Law divorce was aprivilege of the husband only.... "
The position of the Christian Church until recent centuries seems
tohave been influenced by both the Mosaic Law and by the streams of
thought that were dominant in its contemporary cultures. Intheir book,
Marriage East and West, David and VeraMace wrote:
Let no one suppose, either, that our Christian heritage is free of
such slighting judgments. It would be hard to find anywhere a
collection of more degrading references to the female sex than the
early Church Fathers provide. Lecky, the famous historian, speaks of
(these fierce incentives which form so conspicuous and so grotesque a
portion of the writing of the Fathers... woman was represented as the
door of hell, as the mother of all human ills. She should be ashamed
at the very thought that she is a woman. She should live in continual
penance on account of the curses she has brought upon the world. She
should be ashamed of her dress, forit is the memorial of her fall. She
should be especially ashamed of her beauty, for it is the most potent
instrument of the devil). One of the most scathing of these attacks on
woman is that of Tertullian: (Do you know that you are each an Eve?
The sentence of God on this sex of yours lives in this age: the guilt
must of necessity live too.You are the devil's gateway: you are the
unsealer of that forbidden tree; you are the first deserters of the
divine law; you are she who persuades him whom the devil was not
valiant enough to attack. You destroyed so easily God's image, man. On
account of your desert - that is death - even the Son of God had to
die). Not only did the church affirm the inferior status of woman, it
deprived her of legal rights she had previously enjoyed.
III. WOMAN IN ISLAM
In the midst of the darkness that engulfed the world, the divine
revelation echoed in the wide desert of Arabia with a fresh, noble,
and universal message to humanity:
"O Mankind, keep your duty to your Lord who created you from a
singlesoul and from it created its mate (of same kind) and from them
twain hasspread a multitude of men and women...". [Noble Quran 4:1]
A scholar who pondered about this verse states: "Itis believed that
there is no text, old or new, that deals with the humanity of the
woman from all aspects with such amazing brevity, eloquence, depth,
and originality as this divine decree."
Stressing this noble and natural conception, themQuran states:
"He (God) it is who did create you from a single soul and therefrom
did create his mate, that he might dwell with her (in love)..." [Noble
Quran 7:189]
"The Creator of heavens and earth: He has made for you pairs from
amongyourselves" [Noble Quran 42:11]
"And Allah has given youmates of your own nature, and has given you
from your mates, children and grandchildren, and has made provision of
good things for you. Is it then in vanity that they believe and in the
grace of God that they disbelieve?" [Noble Quran16:72]
The rest of this paper outlines the position of Islam regarding the
status of woman in society from its various aspects - spiritually,
socially, economically and politically.
1. The Spiritual Aspect
The Quran provides clear-cut evidence that womanis completely equated
with man in the sight of God in terms of her rightsand
responsibilities. The Quran states:
"Every soul will be (held)in pledge for its deeds" [Noble Quran 74:38]
It also states:
"...So their Lord accepted their prayers, (saying): I will not suffer
to be lost the work of anyof you whether male or female. You proceed
one from another..." [Noble Quran 3:195]
"Whoever works righteousness, man or woman, and has faith, verily to
him will We givea new life that is good and pure, and We will bestow
on such their reward according to their actions." [Noble Quran 16:97,
see also 4:124]
Woman according to the Quran is not blamed for Adam's first mistake.
Both were jointly wrong in their disobedience to God, both repented,
and both were forgiven. [Noble Quran 2:36, 7:20-24]
In one verse in fact [20:121], Adam specifically, was blamed.
In terms of religious obligations, such as the Daily Prayers, Fasting,
Poor-due, and Pilgrimage, woman is no different from man. In some
cases indeed, woman has certain advantages over man. For example, the
woman is exempted from the daily prayers and from fasting during her
menstrual periods and forty days after childbirth. She is also
exempted from fasting during her pregnancy and when she is nursing her
baby if there is any threat to her health or her baby's. If the missed
fasting is obligatory (during the month of Ramadan), she can make up
for the missed days whenever she can. She does not have to make up for
the prayers missedfor any of the above reasons. Although women can and
did go into the mosque during the days of the Prophet (peace and
blessings be upon him) and thereafterattendance at the Friday
congregational prayers isoptional for them while it is mandatory for
men (on Friday).
This is clearly a tender touch of the Islamic teachings for they are
considerate of the fact that a woman may be nursing her baby or caring
for him, and thus may be unable to go out to the mosque at the time of
the prayers. They also take into account the physiological and
psychological changes associated with her natural female functions.
2. The Social Aspect
a) As a child and an adolescent
Despite the social acceptance of female infanticide among some Arabian
tribes, the Quran forbade this custom, and considered it a crime like
any other murder.
"And when the female (infant) buried alive - is questioned, for what
crime she was killed." [Noble Quran 81:8-9]
Criticizing the attitudes of such parents who reject their female
children, the Quran states:
"When news is brought to one of them, of (the Birth of) a female
(child), his face darkens and he isfilled with inward grief! With
shame does he hide himself from his people because of the bad news he
has had! Shall he retain her on (sufferance) and contempt, or bury her
in the dust? Ah! What an evil (choice) they decide on?" [Noble Quran
16:58-59]
Far from saving the girl's life so that she may later suffer injustice
and inequality, Islam requireskind and just treatment for her. Among
the sayings of Prophet Muhammad (peace and blessings be upon him)
inthis regard are the following:
Whosoever has a daughter and he does not bury her alive, does not
insult her, and does not favor his son over her, God will enter him
into Paradise. [Ibn Hanbal, No. 1957]
Whosoever supports two daughters till they mature, he and I will come
in the Day of Judgment as this (and he pointed with his two fingers
held together).
A similar Hadith deals in like manner with one who supports two
sisters. [Ibn-Hanbal, No. 2104]
The right of females to seek knowledge is not different from that of
males. Prophet Muhammad (peace and blessings be upon him) said:
"Seeking knowledge is mandatory for every Muslim". [Al-Bayhaqi]
Muslim as used here including both males andfemales.
b) As a wife:
The Quran clearly indicates that marriage issharing between the
twohalves of the society, and that its objectives, besides
perpetuating human life, are emotional well-being and spiritual
harmony. Itsbases are love and mercy.
Among the most impressive verses in the Quran about marriage is the following.
"And among His signs is this: That He created mates for you from
yourselves that you may find rest, peace of mind in them, and He
ordainedbetween you love and mercy. Lo, herein indeed are signs for
people who reflect." [Noble Quran 30:21]
According to Islamic Law, women cannot be forced to marry anyone
without their consent.
Ibn 'Abbas reported that a girl came to the Messenger of God, Muhammad
(peace and blessings be upon him), and she reported that her father
had forced herto marry without her consent. The Messenger of God gave
her the choice... (between accepting the marriage or invalidating it).
[Ibn Hanbal No. 2469]
In another version, the girl said:
"Actually I accept this marriage but I wanted tolet women know that
parents have no right (to force a husband on them)" [Ibn Majah, No.
1873]
Besides all other provisions for her protection at the time of
marriage, it was specifically decreed that woman has the full right to
her Mahr, a marriage gift, which is presented to her by her husband
and is included in the nuptial contract, and thatsuch ownership does
not transfer to her father or husband. The concept of Mahr in Islam is
neither an actual or symbolic price for the woman, as was the case in
certain cultures, but rather it is a gift symbolizing love and
affection.
The rules for married life in Islam are clear and in harmony with
upright human nature. In consideration of the physiological and
psychological make-up ofman and woman, both have equal rights and
claims on one another, except for one responsibility, that of
leadership. This is a matter which is natural in any collective life
and which is consistent with the nature of man.
The Quran thus states:
"...And they (women) have rights similar to those (of men) over them,
and men are a degree above them." [Noble Quran 2:228]
Such degree is Quiwama (maintenance and protection). This refers
tothat natural difference between the sexes whichentitles the weaker
sex toprotection. It implies no superiority or advantage before the
law. Yet, man's role of leadership in relation to his family does not
mean the husband's dictatorship over his wife. Islam emphasizes the
importance of taking counsel and mutual agreement in family decisions.
The Quran gives us an example:
"...If they (husband wife) desire to wean the child by mutual consent
and (after) consultation, there is no blame on them..." [Noble Quran
2:233]
Over and above her basic rights as a wife comes the right which is
emphasized by the Quranand is strongly recommended by the Prophet
(peace and blessings be upon him); kind treatment and companionship.
The Quran states:
"...But consort with them in kindness, for if you hate them it may
happen that you hate a thing wherein God has placed much good." [Noble
Quran 4:19]
Prophet Muhammad (peace and blessings be upon him) said:
"The best of you is the best to his family and I am the best among you
to my family."
The most perfect believers are the best in conduct and best of you are
those who are best totheir wives. [Ibn-Hanbal, No. 7396]
Behold, many women came to Muhammad's wives complaining against their
husbands (because they beat them)- - those (husbands) are not the best
of you.
As the woman's right to decide about her marriage is recognized, so
also her right to seek an end for an unsuccessful marriage is
recognized. To provide for the stability of the family, however, and
in order to protect it from hasty decisions under temporary emotional
stress, certain steps and waiting periods should be observed by men
and women seeking divorce. Considering the relativelymore emotional
nature of women, a good reasonfor asking for divorce should be brought
before the judge. Like the man, however, the woman can divorce her
husband with out resorting to the court, if the nuptial contract
allows that.
More specifically, some aspects of Islamic Law concerning marriage
anddivorce are interesting and are worthy of separate treatment.
When the continuation of the marriage relationship is impossiblefor
any reason, men are still taught to seek a gracious end for it.
The Quran states about such cases:
"When you divorce women, and they reach their prescribed term, then
retain them in kindness and retain themnot for injury so that you
transgress (the limits)..." [Noble Quran 2:231] [See also Quran 2:229
and 33:49]
c) As a mother:
Islam considered kindness to parents next to the worship of God.
"And we have enjoined upon man (to be good) to his parents: His
motherbears him in weakness upon weakness..." [Noble Quran 31:14] [See
also Quran 46:15, 29:8]
Moreover, the Quran has a special recommendation for the good
treatment of mothers:
"Your Lord has decreed that you worship none save Him, and that you
bekind to your parents..." [Noble Quran 17:23]
A man came to Prophet Muhammad (peace and blessings be upon him) asking:
O Messenger of God, who among the people is the most worthy of my good
company? The Prophet (peace and blessings be upon him) said, Your
mother. The man said then who else: The Prophet (peace and blessings
be upon him) said, Your mother. The man asked, Then who else? The
Prophet (peace and blessings be upon him) said, Your mother. The man
asked, Then who else? Only then did the Prophet (peace and blessings
be upon him) say, Your father. [Al-Bukhari and Muslim]
A famous saying of the Prophet (peace and blessings be upon him)
is:"Paradise is at the feet of mothers." [In An-Nasa'i, Ibn Majah,
Ahmad]
"It is the generous (in character) who is good to women, and it is the
wicked who insults them."