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 Qur'an (God's revelation) and Hadeeth (elaboration
by Prophet Muhammad).
The Qur'an and the Hadeeth, 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?
2. 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.
3. 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 the end 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 Qur'anic 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
Biblica 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 Biblica:"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 Sop
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.
4. 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 single soul and from it created its mate
(of same kind) and from them twain has spread a multitude of men and
women" (Qur'an 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, themQur'an 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)...(Qur'an
7:189)
The Creator of heavens and earth: He has made for you pairs from
amongyourselves ...Qur'an 42:1 1
And Allah has given you mates 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? Qur'an 16:72
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.
The Spiritual Aspect
The Qur'an provides clear-cut evidence that woman iscompletely equated
with man in the sight of God interms of her rights and
responsibilities. The Qur'an states:
"Every soul will be (held) in pledge for its deeds" (Qur'an 74:38). It
also states:
...So their Lord accepted their prayers, (saying): I will not suffer
to be lost the work of any of you whether male or female. You proceed
one from another ...(Qur'an 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 the their actions. (Qur'an 16:97,
see also 4:124).
Woman according to the Qur'an is not blamed for Adam's first mistake.
Bothwere jointly wrong in their disobedience to God, both repented,
and both were forgiven. (Qur'an 2:36, 7:20 - 24). Inone 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 and thereafter
attendance et 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.
The Social Aspect
a) As a child and an adolescent
Despite the social acceptance of female infanticide among some Arabian
tribes, the Qur'anforbade 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." (Qur'an 81:8-9).
Criticizing the attitudes of such parents who reject their female
children, the Qur'an states:
When news is brought to one of them, of (the Birthof) a female
(child), his face darkens and he is filled 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? (Qur'an 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 (P.) in this 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 Hadeeth deals inlike 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 (P.) said:
"Seeking knowledge is mandatory for every Muslim". (AlBayhaqi). Muslim
as used here including both males andfemales.
b) As a wife:
The Qur'an clearly indicates that marriage issharing between the
twohalves of the society, and that its objectives, besideperpetuating
human life, are emotional well-beingand spiritual harmony. Itsbases
are love and mercy.
Among the most impressive verses in the Qur'an 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." (Qur'an 30:2 1).
According to Islamic Law, women cannot be forced to marry anyone
without their consent.
Ibn Abbas reported that agirl came to the Messenger of God, Muhammad
(P.), and she reported that her father had forced her to 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
Iwanted to let women know that parents have no right (to force a
husband on them)" (Ibn Maja, 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 Qur'an thus states:
"And they (women) have rights similar to those (of men) over them, and
men are a degree above them." (Qur'an 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 Qur'an 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..." (Qur'an 2:
233).
Over and above her basic rights as a wife comes the right which is
emphasized by the Qur'an and is strongly recommended by the Prophet
(P); kind treatment and companionship.
The Qur'an 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."
(Qur'an 4: l9).
Prophet Muhammad. (P) 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 Qur'an 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). (Qur'an 2:231). (See also Qur'an 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..." (Qur'an 31:14) (See also
Qur'an 46:15, 29:8).
Moreover, the Qur'an 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. . ." (Qur'an 17:23).
A man came to Prophet Muhammad (P) asking:
O Messenger of God, who among the people is the most worthy of my good
company? The Prophet (P) said, Your mother. Theman said then who else:
The Prophet (P) said, Your mother. The man asked, Then who else? Only
then did the Prophet(P) say, Your father. (Al-Bukhari and Muslim).
A famous saying of The Prophet is "Paradise is at the feet of
mothers." (In Al'Nisa'I, Ibn Majah, Ahmad).
"It is the generous (in character) who is good to women, and it is the
wicked who insults them."
3. The Economic Aspect
Islam decreed a right of which woman was deprived both before Islam
and after it (even aslate as this century), the right of independent
ownership. According to Islamic Law, woman's right to her money, real
estate, or other properties is fully acknowledged. This rightundergoes
no change whether she is single or married. She retains her full
rights to buy, sell, mortgage or lease any or all her properties. It
is nowhere suggested in the Law that a woman is a minor simply because
she is a female. It is also noteworthy that such right applies to her
properties before marriage as well as to whatever she acquires
thereafter.
With regard to the woman's right to seek employment it should be
stated first that Islam regards her role in society as a mother and
awife as the most sacred and essential one. Neither maids nor
baby-sitters can possibly take the mother's place as the educator of
an upright, complex free, and carefully-reared children. Such a noble
and vital role, which largely shapes the future of nations, cannot be
regarded as "idleness".
However, there is no decree in Islam which forbids woman from seeking
employment whenever there is a necessity for it, especiallyin
positions which fit her nature and in which society needs her most.
Examples of these professions are nursing, teaching (especially for
children), and medicine. Moreover, there is no restriction on
benefiting from woman's exceptional talent in any field. Even for the
position of a judge, where there may be a tendency to doubt the
woman's fitness for the post due to her more emotional nature, we find
early Muslim scholarssuch as Abu-Hanifa and Al-Tabary holding there
isnothing wrong with it. Inaddition, Islam restored to woman the right
of inheritance, after she herself was an object of inheritance in some
cultures. Her share is completely hers and no one can make any claim
on it, including her father and her husband.
"Unto men (of the family)belongs a share of that which Parents and
near kindred leave, and unto women a share of that which parents and
near kindred leave, whether itbe a little or much - a determinate
share." ((Qur'an 4:7).
Her share in most cases is one-half the man's share,with no
implication that she is worth half a man! It would seem grossly
inconsistent after the overwhelming evidence of woman's equitable
treatment in Islam, whichwas discussed in the preceding pages, to make
such an inference. This variation in inheritance rights is only
consistent with the variations in financial responsibilities of man
and woman according to the Islamic Law. Man in Islam is fully
responsible for the maintenance of his wife, his children, andin some
cases of his needy relatives, especially the females. This
responsibility is neither waived nor reduced because of his wife's
wealth or because of her access to any personal income gained from
work, rent, profit, or any other legal means.
Woman, on the other hand, is far more secure financially and is far
less burdened with any claims on her possessions. Her possessions
before marriage do not transfer to her husband and she even keeps her
maiden name. She has no obligation to spend on her family out of such
properties or out of her income after marriage. She is entitled to
the"Mahr" which she takes from her husband at the time of marriage. If
she isdivorced, she may get an alimony from her ex-husband.
An examination of the inheritance law within the overall framework of
the Islamic Law reveals not only justice but also an abundance of
compassion for woman.
4. The Political Aspect
Any fair investigation of the teachings of Islam o~ into the history
of the Islamic civilization will surely find a clear evidence of
woman's equality with man in what we call today"political rights".
This includes the right of election as well as the nomination to
political offices. It also includes woman's right to participate in
public affairs. Both in the Qur'anand in Islamic history we find
examples of women who participated in serious discussions and argued
even with the Prophet (P) himself, (see Qur'an 58: 14 and 60: 10-12).
During the Caliphate of Omar Ibn al-Khattab, a woman argued with him
in the mosque, proved her point, and caused him to declare in the
presence of people: "A woman is right and Omaris wrong."
Although not mentioned in the Qur'an, one Hadeeth of the Prophet
isinterpreted to make woman ineligible for the position of head of
state. The Hadeeth referred to is roughly translated: "A people will
not prosper ifthey let a woman be their leader." This limitation,
however, has nothing to do with the dignity of woman or with her
rights. It is rather, related to the natural differences in
thebiological and psychological make-up ofmen and women.
According to Islam, the head of the state is no mere figurehead. He
leads people in the prayers, especially on Fridays and festivities; he
is continuously engaged in the process of decision-making pertaining
to the securityand well-being of his people. This demanding position,
or any similar one, such as the Commander of the Army, is generally
inconsistent with the physiological and psychological make-up of woman
in general. It is a medical fact that during their monthly periods and
during their pregnancies,women undergo various physiological and
psychological changes. Such changes may occur during an emergency
situation, thus affecting her decision, without considering the
excessivestrain which is produced.Moreover, some decisionsrequire a
maximum of rationality and a minimum of emotionality- a requirement
which does not coincide with the instinctive nature of women.
Even in modern times, and in the most developed countries, it is rare
to find a woman in the position of a head of state acting as more
thana figurehead, a woman commander of the armedservices, or even a
proportionate number ofwomen representatives in parliaments, or
similar bodies. One can not possibly ascribe this to backwardness of
various nations or to any constitutional limitation on woman's right
to be in such a position as a head of state or as a member of the
parliament. It is more logical to explain the present situation in
termsof the natural and indisputable differences between man and
woman, a difference which does not imply any"supremacy" of one over
the other. The difference implies rather the"complementary" roles
ofboth the sexes in life.
IV. CONCLUSION
The first part of this paper deals briefly with the position of
various religions and cultures on the issue under investigation. Part
of this exposition extends to cover the general trend as late as the
nineteenth century, nearly 1300 years after the Qur'an set forth the
Islamic teachings.
In the second part of the paper, the status of women in Islam is
briefly discussed. Emphasis in this part is placed on the original and
authentic sources of Islam. This represents the standard according to
which degree of adherence of Muslims can be judged. It is also a fact
that during the downward cycle of Islamic Civilization, such teachings
were not strictly adhered to by many people who profess to be Muslims.
Such deviations were unfairly exaggerated by some writers, and the
worst of this, were superficially taken to represent the teachings of
"Islam" to the Western reader without taking the trouble to make any
original and unbiased study of the authentic sources of these
teachings.
Even with such deviations three facts areworth mentioning:
1. The history of Muslims is rich with women of great achievements in
all walks of life from as earlyas the seventh century (B.C.)
2. It is impossible for anyone to justify any mistreatment of woman by
any decree of rule embodied in the Islamic Law, nor could anyone dare
to cancel, reduce, ordistort the clear-cut legal rights of women given
inIslamic Law.
3. Throughout history, the reputation, chastity and maternal role of
Muslim women were objects of admiration by impartial observers.
It is also worthwhile to state that the status which women reached
during the present era was not achieved due to the kindness of men or
due to natural progress. It was rather achieved through a long
struggle and sacrifice on woman'spart and only when society needed her
contribution and work, more especial!; during the two world wars, and
due to the escalation of technological change.
In the case of Islam such compassionate and dignified status was
decreed, not because it reflects the environment of the seventh
century, nor under the threat or pressure of women and their
organizations, but rather because of its intrinsic truthfulness.
If this indicates anything,it would demonstrate thedivine origin of
the Qur'an and the truthfulness of the message of Islam, which, unlike
human philosophies and ideologies, was far from proceeding from its
human environment, a message which established such humane principles
as neither grew obsolete during thecourse of time and after these many
centuries, nor can become obsolete in the future. After all, this is
the message of the All-Wise and all-knowing God whose wisdom and
knowledge are far beyond the ultimate in human thought and progress.
'' Our Lord ! grant us good in this world and good in the hereafter and save us from the torment of the Fire '' [Ameen]
-
{in Arab} :->
Rabbanaa aatinaa fid-dunyaa hasanatan wafil aakhirati hasanatan waqinaa 'athaaban-naar/-
(Surah Al-Baqarah ,verse 201)
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