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Islam & Women's Rights
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Women's Rights in Islamic Marriage
1. Introduction
Despite the predominant idea in the Western countries that Muslim women do not, or hardly, have basic human rights, in practice, but especially on theological basis, Muslim women actually do have more rights than their Western counterparts. To address all aspects of women's rights in Islam requires more space than a single essay; therefore I discuss only a part of the range of rights.
More intensely than many other societies, Muslim communities tend to divide the world into private (women's) and public (men's) spheres (Hassan), the public-private dichotomy, "which was never part of the Qur'anic world view but entirely cultural" argues Abou-Bakr (1999). This does not mean that one should adhere to the idea of cultural relativism to justify infringements on human rights in the 'Islamic culture' (Mayer, 1995: 8-9), but that there are general human rights that can be devised, being it universal 'man-made' rights as Mayer argues, or Divine rights1.
Nevertheless, the private sphere is very important in a Muslim woman's life, plus the assertion it being 'cultural' (read: societal, therefore changeable) as opposed to some pre-determined, God-given and/or natural order of things, I take a closer look its primary building block: marriage. After discussing the background in pre-Islamic times, I will outline the process of establishing the contract, polygamy and divorce (chapter 2), and how this can, or even does, influence conflict and peace in the larger community (chapter 3).
2. Marriage
First and foremost, there is no one single interpretation or implementation of 'the' Islamic marriage, although there is Shari'a law used in Islamic countries to a greater or lesser extend. To be able to put the various rules and regulations concerning marriage in context, knowledge of societies in the pre-Islam period, known as Jahiliya (a state of barbarism and ignorance), is useful because the Divine words and explanatory hadiths written during and after the life of Mohammed was an attempt to improve the then prevalent situation. You are led to believe that before the revelations, chaos existed, with widespread female infanticide and women having no status at all and not taken care of:
"Reflecting the culture of the seventh- and eight-century Arab world, the saying voice the cumulative biases, against women, of the Jewish, Christian, Hellenistic and pre-islamic Bedouin Arab traditions" (Hassan)2
And:
"Women ... were in subjugation either to their kinsmen or their husbands. They were considered a chattel to be possessed, to be bought, to be sold or to be inherited ... women were considered a liability to their own tribes ... Such a deplorable situation illustrated that the rights and the liberties of women in those ancient societies were not only trampled upon, but were entirely denied to them." (Jawad, 1998:1-4)
However, Mernissi (1994:67) points out that this is only part of the whole story, claiming it to be selective memory to suit the decisions made in Islam with regards to the gender dynamics. After all, the Prophet's first wife Khadija was a rich businesswoman. Stern (in Mernissi, 1994:72)3 points out the matri-local character of pre-Islamitic marriages, and Mernissi herself notes the story of the Whores of Hadramaut (1994:76-79)4.
Notwithstanding the different ideas of the pre-Islamic period, the overall result was that during the Mohammed's life the rights of women improved, but gradually faded away after his death. The pre-Islamic patriarchal ideologies, combined with the lack of education and ignorance returned (as the rapid expansion of Islam didn't leave the new converts enough time to obtain sufficient Islamic education) (Shorish-Shamley).
2.1 Marriage contract
Although I've read through many positive notions of what an Islamic marriage is supposed to be about ("catalyst for the development of their souls" (Jawad, 1998:31), "foster tranquility, love and compassion" (Anon 3, 1999)), practice can be quite different. First, rules and regulations as laid down in Islam in order to achieve a relatively stable and durable marriage bond. According to Jawad (1998:32-40) they are the following:
The couple have to be of proper marriageable age and there should be no discrepancy between their ages;
There should be a degree of compatibility between the two partners in terms of social status, educational standards and physical attraction;
The dowry (mahr) of the bride should be of a reasonable level;
The mutual consent of the couple is crucial for the stability and durability of the marriage, force or blackmail would automatically render the contract invalid;
The prospective partners have to be pious and of good moral conduct;
The marriage contract should be free of any hidden agenda such as casual or temporary unions
Overall, marriage in Islam requires a contract between equal partners, but the bride has the exclusive right to stipulate her own conditions in the contract. Conditions may include aspects of marriage (like monogamy) and divorce terms (e.g. if she wants to have the right to dissolve the contract). The husband has to meet his legal responsibility to provide full maintenance of the wife; in turn, the wife should ensure that the duties as wife and mother are performed to the best of her abilities. Second, the not-so-positive reality. Surah 2 Verse 228 of the Qur'an states a rather disputable sentence:
"And woman shall have rights similar to rights them, according to what is equitable. But men have a degree of advantage over them." (emphasis added)
Surah 4:34 continues:
"Men have authority over women because Allah has made the one superior to the other."
Some see it as a degree in intelligence, other view it as a degree in superiority. However, many Muslim scholars argue that the degree is related to maintenance of the family: a man is legally obligated for this responsibility. Therefore, this "degree above them" has an economic base and has nothing to do with intelligence or superiority of men over women. (Shorish-Shamley). A moderate interpretation of the verse 4:34 is, that the man should be seen as the chair-person (Jawad, 1998:37) or leader (El-Haggan, 1998) instead of absolute superiority on all matters. Many girls are married off when they are still minors, which gives special importance to the right to move freely and to emigrate from oppressive conditions (Hassan). On the other hand, Muslim Family Law Ordinance in Pakistan has banned child marriage and set a minimum age for the marriage of boys to 18 years and girls 14 (Ahmed), which is, arguably, still the age of a child. Other noted problems are forced marriages and the husband prohibiting the wife free movement in the public sphere, even when a woman wants to go to the mosque, thereby
"The husband, in fact, is regarded as his wife's gateway to heaven or hell and the arbiter of her final destiny." (Hassan)
2.2 Polygamy
Strictly in dictionary terms, polygamy means a marriage with more than one spouse, where the term polygyny refers to a husband with more than one wife and polyandry to a wife with more than one husband. That in everyday terms polygamy is used to refer to a situation that is actually described by polygyny tells us more about our (English-speaking Western) culture than what polygyny in Islam is about5 . What does the Qur'an say about polygyny? A few verses are widely cited to prove legitimacy of tolerating (thus not advocating) polygyny:
"...marry women of your choice, two, or three, or four; but if ye fear that ye shall not be able to deal justly (with them), then only one." (4:3)6 .
This verse came about after the war of Uhud, where many Muslim men died, thereby leaving behind widows and orphans. In a situation where there is no such thing as a developed welfare state redistributing tax money to mothers on social security and orphanage allowances, it allowed men to marry more than one woman, thereby providing her and her offspring a stable and secure environment where they wouldn't have to endure the (economic) hardship of surviving alone. Naik continues to justify this for 21st century: because the average life span of females is more than males, the world female population is larger than of males and therefore
"the only two options before a woman who cannot find a husband is to marry a married man or to become public property. Islam prefers giving women the honourable position by permitting the first option and disallowing the second."
In addition, Mababaya argues the plural marriages of the Prophet as the main guideline, but Jawad (1998:47-48) mentions only three exceptional circumstances where polygyny is permitted according to the Qur'an: the desire of a man to have children of his own (if the wife is unable to bear him children), if his wife is critically ill and therefore she is be unable to perform her duties as a wife and the social necessity as outlined in the previous alinea.
On the contrary, verses explaining The Creation mentions one man and one woman created out of one cell, not Adam and a team of women at his service (Patootie). The most cited counter-argument, though, is Surah Nisa verse 129 (4:129):
"Ye are never able to be fair and just as between women...."
indicating polygyny is an exception and not the rule. Though a more rigorous explanation, noting the moral and religious limitation on polygyny, is:
"... treating ones wives justly is a sine qua non for the practice of polygamy and since ... a man will not be able to attain justice no matter how hard he tries, polygamy in the end is unlawful or forbidden" (Jawad, 1998:45)
But it is argued that treating wives 'justly' is incorporated into given rules, where the husband must spend his nights with one of his wives not by preference, but on a rotational basis, allowing the women 'equal access' to the husband (Mernissi, 1994:137-138), lowering the possibility of emotional attachment and fostering the degrading idea of exchangeability of the wives.
Given the different interpretations of the verses and variations in societal structures in Islamic countries, the ruling with regards to allowing polygyny is diverse. Turkey (on paper a secular state) and Tunisia have banned polygyny altogether under Muslim Family Law, Pakistani men need to have permission from the Arbitration Council before engaging in a second marriage (Ahmed), Syria and Iraq require authorization of the Judge and in Egypt the wife has to give permission first (Jawad, 1998:46). The actual procedure by the Arbitration Council or the Judge and how permission by the woman is granted is another matter.
2.3 Divorce
In contrast with Christianity, Islam does acknowledge the dissolution of marriage: although marriage is considered a life-long commitment, a situation may arise where marriage cease to fulfill its purpose. In such a situation when all else fails, dissolution (in English the word divorce is more commonly used) may be initiated by either side or both the husband and wife (Jawad, 1998:73).
Before the marriage is dissolved, God encourages the husband and wife to appoint two arbitrators from each side as the first step to aid in reconciliation trying to prevent the process of divorce (Anon 3, 1999). Reasons for setting this process in motion can be their 'incompatibility', an impotent husband, one or both spouses suffer form a serious disease, or when the husband is put into prison for a long time. Then, dissolution can be initiated by the husband (talaq) or wife (khula, if the husband is not at fault). The man can do this verbally (see Verse 2:229, cited in Jawad, 1998:78) or in writing. Once done, there is a three-month waiting period () in whic'iddath there are no sexual relations between the two. This helps prevent hasty decisions made in anger and enables both parties to reconsider as well as determine if the wife is pregnant. If the wife is pregnant, the waiting period is lengthened until she delivers. At any point during this time, the husband and wife are free to resume their relationship, thereby stopping the divorce process. (Anon 3, 1999). If the divorce statement is called upon for a third time, the dissolution is irreversible (Jawad, 1999:78), but the woman is allowed to keep her dowry (Anon 3). However, a woman seeking divorce via khula, may lose financial support and will lose her dowry. Besides that, khula is hardly used these days and Jawad suggests that many women may not even be aware of this possibility (1999:79). Last, when both parties agree to separate through mutual consent, no exchange or payment is made by either side7.
Back to reality. Despite women having the right under 'true' Qur'anic interpretation to dissolve marriage, men seem to have absolute power on the dissolution, mainly backed up by referring to Verse 2:228 and using 4:34 in the same breath (see �2.1), which can be interpreted in different ways. Most women are hardly allowed to exercise their right to divorce because of the tremendous social and mental pressures to which they are subjected (Hassan; Jawad, 1998:82). Further, to discourage women to initiate or agree with the above-mentioned idea of a no-fault divorce, they are normally denied custody of their children (Hassan). Moreover, one needs to take into account that the majority of Muslim women have had minimal, or no, education and no job, together with minimal social security (compared to European states) resulting in relatively more economic hardship.
3. Marriage in Islam: conflict or peace?
Mernissi (1994:126-131) discusses marriage as a conflict: conflict as part of being human, of sexuality and segregation between men and women, but most of all the inequalities between husband and wife in marriage. Article 36 of the Moroccan Code lists rights a husband has towards his wife, but he has no moral duties to fulfill. She adds Imam Ghazali's opinion that marriage for a woman equals slavery. The patriarchal system, sub-optimal establishment of the marriage contract, arguable degrading situation of polygyny and the practical restrictions for women on divorce is a reality, but the Qur'an views the marriage of a man and a woman as sharing of the two halves of society:
"Among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquility with them, and He has put love and mercy between your (hearts): Verily in that are Signs for those who reflect" (30:21)
The objectives of marriage, aside from human reproduction, are love, mercy, mutual respect, justice, emotional well-being and spiritual harmony (Shorish-Shamley). Notwithstanding mentioned societal reality, the Qur'anic decrees
"No one but God can limit human freedom" (Surah 42:Ash-Shura:21)
"Judgment is Allah's alone" (Surah 12:Yusuf:40)
are interpreted in this context as:
"Without justice -- between men and women, as between classes and between nations -- there can be no peace in the world." (Hassan)
The roles of both the husband and wife (/wives) are equally essential for the successful working of family life, as it is considered the fundamental and primary root of human civilization (Ali). As the Qur'an considers the home as a microcosm of the umma, it is not possible to talk about peace in Qur'anic terms without the elimination of the inequities, inequalities, and injustices that pervade the personal and collective lives of human beings.
"If human beings can learn to order their homes justly so that the human rights of all within its jurisdiction - children, women, and men - are safeguarded, then they can also order their society and the world at large, justly." (Hassan)
There is a long way to go.
4. Conclusions
Purely looking at the Qur'anic verses, the potential is there for Muslims to achieve peace and harmony within marriage between man and woman, based on mutual respect, equality, love and understanding. The truth is, real-life in Islamic countries is far from the Qur'anic ideal, as is the case with most ideologies. Muslim women are often oppressed and denied their Divine Rights, even treated as an object instead of a full human being8. Although there are variations in the implementation of Islamic Family Law between Islamic countries and in recent times they are given more rights, it probably will take several generations more to shake off the negative aspects of the (remnants of the pre-Islamic) patriarchal society with regards to establishing marriage, the contract itself, polygyny and the exercise of the women's rights of marriage dissolution. When Muslim women, and men, are educated about the 'true' interpretations and meanings of the Verses in the Qur'an, Islamic marriage may indeed be the important building block towards a just and peaceful society Islamic theologians claim it to be.
Source: www.meteck.org
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What are women's rights in Islam?
Courtesy of Islamic.Org
In a truely Islamic society women have the following rights in Islam:
1. The right and duty to obtain education.
2. The right to have their own independent property.
3. The right to work to earn money if they need it or want it.
4. Equality of reward for equal deeds.
5. The right to express their opinion and be heard.
6. The right to provisions from the husband for all her needs and more.
7. The right to negotiate marriage terms of her choice.
8. The right to obtain divorce from her husband, even on the grounds that she simply can't stand him. (pls note that God deeply frowns upon divorce as a solution unless there is hardly any other alternative but it does not mean that men have more right to divorce their wives than women do.)
9. The right to keep all her own money (she is not responsible to maintain any relations).
10. The right to get sexual satisfaction from her husband.
11. custody of their children after divorce.
12. to refuse any marriage that does not please them
and more...
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A Collection of References from the Quran and Hadeeth about the Rights of Women guaranteed by Islam
Spiritual Equality of Women and Men
Allah has got ready forgiveness and tremendous rewards for the Muslim men and women; the believing men and women; the devout men and women; the truthful men and women; the patiently suffering men and women; the humble men and women; the almsgiving men and women; the fasting men and women, the men and women who guard their chastity; and the men and women who are exceedingly mindful of Allah. (Al-Ahzab 33:35)
Attitudes towards women
O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may take away part of the dower ye have given them,-except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good. (An-Nisa 4:19)
Collaboration and consultation
The believing men and women, are associates and helpers of each other. They (collaborate) to promote all that is beneficial and discourage all that is evil; to establish prayers and give alms, and to obey Allah and his Messenger. Those are the people whom Allah would grant mercy. Indeed Allah is Mighty and Wise. (Al-Taubah 9:71)
Examples of Consensual Decision Making
If both spouses decide, by mutual consent and consultation, on weaning [their baby], there is no blame on either. If you want to have your babies breastfed by a foster mother you are not doing anything blame-worthy provided you pay to the fostermother what you had agreed to offer, in accordance with the established manner. Fear Allah and know that Allah is aware it what you are doing". (Al-Baqarah, 2:233)
Women's Right to Attend Mosques
Narrated Ibn Umar: The Prophet (p.b.u.h) said, "Allow women to go to the Mosques at night." (Bukhari Volume 2, Book 13, Number 22)
Narrated Ibn Umar: One of the wives of Umar (bin Al-Khattab) used to offer the Fajr and the 'Isha' prayer in congregation in the Mosque. She was asked why she had come out for the prayer as she knew that Umar disliked it, and he has great ghaira (self-respect). She replied, "What prevents him from stopping me from this act?" The other replied, "The statement of Allah's Apostle (p.b.u.h) : 'Do not stop Allah's women-slave from going to Allah s Mosques' prevents him." (Bukhari Volume 2, Book 13, Number 23)
Ibn 'Umar reported: Grant permission to women for going to the mosque in the night. His son who was called Waqid said: Then they would make mischief. He (the narrator) said: He thumped his (son's) chest and said: I am narrating to you the hadith of the Messenger of Allah (may peace be upon him), and you say: No! (Sahih Muslim Book 004, Number 0890)
Ibn Umar reported: The Messenger of Allah (may peace be upon him) said: Do not deprive women of their share of the mosques, when they seek permission from you. Bilal said: By Allah, we would certainly prevent them. 'Abdullah said: I say that the Messenger of Allah (may peace be upon him) said it and you say: We would certainly prevent them! (Sahih Muslim Book 004, Number 0891)
Yahya related to me from Malik from Yahya ibn Said that Atika bint Zayd ibn Amr ibn Nufayl, the wife of Umar ibn al-Khattab, used to ask Umar ibn al-Khattab for permission to go to the mosque. He would keep silent, so she would say, "By Allah, I will go out, unless you forbid me," and he would not forbid her. (Sunan Abu Dawud Book 14, Number 14.5.14)
The Common Performance of Ablutions
Narrated Ibn Umar: "It used to be that men and women would perform ablutions together in the time of the Messenger of Allah's assembly." (Bukhari: 1: Ch. 45, Book of Ablution)
Women's Right of Proposal
Narrated Sahl: A woman came to the Prophet, and presented herself to him (for marriage). He said, "I am not in need of women these days." Then a man said, "O Allah's Apostle! Marry her to me." The Prophet asked him, "What have you got?" He said, "I have got nothing." The Prophet said, "Give her something, even an iron ring." He said, "I have got nothing." The Prophet asked (him), "How much of the Quran do you know (by heart)?" He said, "So much and so much." The Prophet said, "I have married her to you for what you know of the Quran." (Bukhari Volume 7, Book 62, Number 72)
Women's Right of Permission
Narrated Abu Huraira: The Prophet said, "A matron should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission." The people asked, "O Allah's Apostle! How can we know her permission?" He said, "Her silence (indicates her permission)." (Bukhari Volume 7, Book 62, Number 67)
Narrated Khansa bint Khidam Al-Ansariya that her father gave her in marriage when she was a matron and she disliked that marriage. So she went to Allah's Apostle and he declared that marriage invalid. (Bukhari Volume 7, Book 62, Number 69)
The Right of Women not to be Forced
Narrated Ibn 'Abbas: Barira's husband was a slave called Mughith, as if I am seeing him now, going behind Barira and weeping with his tears flowing down his beard. The Prophet said to 'Abbas, "O 'Abbas ! are you not astonished at the love of Mughith for Barira and the hatred of Barira for Mughith?" The Prophet then said to Barira, "Why don't you return to him?" She said, "O Allah's Apostle! Do you order me to do so?" He said, "No, I only intercede for him." She said, "I am not in need of him." (Bukhari: Volume 7, Book 63, Number 206)
Asserting Women's Rights
Ibn Al-Jauzi narrated the virtues and merits of Umar bin Al-Khattab (Allah bless him) in the following words: Umar forbade the people from paying excessive dowries and addressed them saying: "Don't fix the dowries for women over forty ounces. If ever that is exceeded I shall deposit the excess amount in the public treasury". As he descended from the pulpit, a flat-nosed lady stood up from among the women audience, and said: "It is not within your right". Umar asked: "Why should this not be of my right?" she replied: "Because Allah has proclaimed: 'even if you had given one of them (wives) a whole treasure for dowry take not the least bit back. Would you take it by false claim and a manifest sin'". (Al Nisa, 20). When he heard this, Umar said: "The woman is right and the man (Umar) is wrong. It seems that all people have deeper insight and wisdom than Umar". Then he returned to the pulpit and declared: "O people, I had restricted the giving of more than four hundred dirhams in dowry. Whosoever of you wishes to give in dowry as much as he likes and finds satisfaction in so doing may do so". quoted in: "On the Position and Role of Women in Islam and Islamic Society"
Seeking advice and comfort
Narrated 'Aisha (the mother of the faithful believers): ... Then Allah's Apostle returned with the Inspiration and with his heart beating severely. Then he went to Khadija bint Khuwailid and said, "Cover me! Cover me!" They covered him till his fear was over and after that he told her everything that had happened and said, "I fear that something may happen to me." Khadija replied, "Never! By Allah, Allah will never disgrace you. You keep good relations with your kith and kin, help the poor and the destitute, serve your guests generously and assist the deserving calamity-afflicted ones." Khadija then accompanied him to her cousin Waraqa bin Naufal bin Asad bin 'Abdul 'Uzza ... (Bukhari Volume 1, Book 1, Number 3)
The Characteristics of a Believing Man
Narrated AbuHurayrah: Allah's Messenger (pbuh) said: a believing man should not hate a believing woman; if he dislikes one of her characteristics, he will be pleased with another. (Muslim Book 8, Number 3469)
The Education of Women
Narrated Abu Said: A woman came to Allah's Apostle and said, "O Allah's Apostle! Men (only) benefit by your teachings, so please devote to us from (some of) your time, a day on which we may come to you so that you may teach us of what Allah has taught you." Allah's Apostle said, "Gather on such-and-such a day at such-and-such a place." They gathered and Allah's Apostle came to them and taught them of what Allah had taught him. (Bukhari Volume 9, Book 92, Number 413)
On the Treatment of Women
Narrated Mu'awiyah al-Qushayri: I went to the Apostle of Allah (pbuh) and asked him: "What do you say (command) about our wives?" He replied: "Give them food what you have for yourself, and clothe them by which you clothe yourself, and do not beat them, and do not revile them." (Sunan Abu Dawud: Book 11, Number 2139) "The best of you is one who is best towards his family and I am best towards the family". (At-Tirmithy). "None but a noble man treats women in an honourable manner. And none but an ignoble treats women disgracefully". (At-Tirmithy).
A Husband must keep the Privacy of his Wife
Narrated AbuSa'id al-Khudri: Allah's Messenger (peace_be_upon_him) said: The most wicked among the people in the eye of Allah on the Day of Judgement is the man who goes to his wife and she comes to him, and then he divulges her secret. (Muslim Book 8, Number 3369)
A Husband's Attitude
'Umar ibn al-Khattab (RA) said that a man came to his house to complain about his wife. On reaching the door of his house, he hears 'Umar's wife shouting at him and reviling him. Seeing this, he was about to go back, thinking that 'Umar himself was in the same position and, therefore, could hardly suggest any solution for his problem. 'Umar (RA) saw the man turn back, so he called him and enquired about the purpose of his visit. He said that he had come with a complaint against his wife, but turned back on seeing the Caliph in the same position. 'Umar (RA) told him that he tolerated the excesses of his wife for she had certain rights against him. He said, "Is it not true that she prepares food for me, washes clothes for me and suckles my children, thus saving me the expense of employing a cook, a washerman and a nurse, though she is not legally obliged in any way to do any of these things? Besides, I enjoy peace of mind because of her and am kept away from indecent acts on account of her. I therefore tolerate all her excesses on account of these benefits. It is right that you should also adopt the same attitude." quoted in Rahman, Role of Muslim Women page 149
The Prophet's Disapproval of Women Beaters
Patient behavior was the practice of the Prophet, even when his wife dared to address him harshly. Once his mother-in-law- saw her daughter strike him with her fist on his noble chest. When the enraged mother -in-law began to reproach her daughter, the Prophet smilingly said, "Leave her alone; they do worse than that." And once Abu Bakr, his father-in-law, was invited to settle some misunderstanding between him and Aishah. The Prophet said to her, "Will you speak, or shall I speak?" Aisha said, "You speak, but do not say except the truth." Abu Bakr was so outraged that he immediately struck her severely, forcing her to run and seek protection behind the back of the Prophet. Abu Bakr said, "O you the enemy of herself! Does the Messenger of Allah say but the truth?" The Prophet said, "O Abu Bakr, we did not invite you for this [harsh dealing with Aishah], nor did we anticipate it." quoted in: Mutual Rights and Obligations
And Allah (swt) knows best.
Source: http://www.maryams.net
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Women's Liberation Through Islam
by Mary C. Ali and Anjum Ali
The Qur'an and the Traditions of the Prophet (Hadith or Sunnah) are the sources from which every Muslim woman derives her rights and duties
Today people think that women are liberated in the West and that the women's liberation movement began in the 20th century. Actually, the women's liberation movement was not begun by women but was revealed by God to a man in the seventh century by the name of Muhammad (peace be upon him), who is known as the last Prophet of Islam. The Qur'an and the Traditions of the Prophet (Hadith or Sunnah) are the sources from which every Muslim woman derives her rights and duties.
I. HUMAN RIGHTS
Islam, fourteen centuries ago, made women equally accountable to God in glorifying and worshipping Him - setting no limits on her moral progress. Also, Islam established a woman's equality in her humanity with men.
In the Qur'an, in the first verse of the chapter entitled "Women," God says, "O mankind! Be careful of your duty to your Lord Who created you from a single soul and from it its mate and from them both have spread abroad a multitude of men and women. Be careful of your duty toward Allah in Whom you claim (your rights) of one another, and towards the wombs (that bore you). Lo! Allah has been a Watcher over you." (4:1)
Since men and women both came from the same essence, they are equal in their humanity. Women cannot be by nature evil (as some religious believe) or then men would be evil also. Similarly, neither gender can be superior because it would be a contradiction of equality.
II. CIVIL RIGHTS
In Islam, a woman has the basic freedom of choice and expression based on recognition of her individual personality. First, she is free to choose her religion. The Qur'an states: "There is no compulsion in religion. Right has been made distinct from error." (2:256)
Women are encouraged in Islam to contribute their opinions and ideas. There are many traditions of the Prophet (pbuh) which indicate women would pose questions directly to him and offer their opinions concerning religion, economics and social matters.
A Muslim woman chooses her husband and keeps her name after marriage. A Muslim woman's testimony is valid in legal disputes. In fact, in areas in which women are more familiar, their evidence is conclusive.
III. SOCIAL RIGHTS
The Prophet (pbuh) said: "Seeking knowledge is a mandate for every Muslim (male and female)." This includes knowledge of the Qur'an and the Hadith as well as other knowledge. Men and women both have the capacity for learning and understanding. Since it is also their obligation to promote good behavior and condemn bad behavior in all spheres of life, Muslim women must acquire the appropriate education to perform this duty in accordance with their own natural talents and interests.
While maintenance of a home, providing support to her husband, and bearing, raising and teaching of children are among the first and very highly regarded roles for a woman, if she has the skills to work outside the home for the good of the community, she may do so as long as her family obligations are met.
Islam recognizes and fosters the natural differences between men and women despite their equality. Some types of work are more suitable for men and other types for women. This in no way diminishes either's effort nor its benefit. God will reward both sexes equally for the value of their work, though it may not necessarily be the same activity.
Concerning motherhood, the Prophet (pbuh) said: "Heaven lies under the feet of mothers." This implies that the success of a society can be traced to the mothers that raised it. The first and greatest influence on a person comes from the sense of security, affection, and training received from the mother. Therefore, a woman having children must be educated and conscientious in order to be a skillful parent.
IV. POLITICAL RIGHTS
A right given to Muslim women by God 1400 years ago is the right to vote. On any public matter, a woman may voice her opinion and participate in politics. One example, narrated in the Qur'an (60:12), is that Muhammad (pbuh) is told that when the believing women come to him and swear their allegiance to Islam, he must accept their oath. This established the right of women to select their leader and publicly declare so. Finally, Islam does not forbid a woman from holding important positions in government. Abdur-Rahman Ibn Auf consulted many women before he recommended Uthman Ibn Affan to be the Caliph.
V. ECONOMIC RIGHTS
The Qur'an states: "By the creation of the male and female; Verily, (the ends) ye strive for are diverse." (92:3-4)
In these verses, God declares that He created men and women to be different, with unique roles, functions and skills. As in society, where there is a division of labor, so too in a family; each member has different responsibilities. Generally, Islam upholds that women are entrusted with the nurturing role, and men, with the guardian role. Therefore, women are given the right of financial support.
The Qur'an states: "Men are the maintainers of women because Allah has made some of them to excel others and because they spend of their wealth (for the support of women)." (4:34)
This guardianship and greater financial responsibility is given to men, requires that they provide women with not only monetary support but also physical protection and kind and respectful treatment.
The Muslim woman has the privilege to earn money, the right to own property, to enter into legal contracts and to manage all of her assets in any way she pleases. She can run her own business and no one has any claim on her earnings including her husband. The Qur'an states:
"And in no wise covet those things in which Allah hath bestowed His gifts more freely on some of you than on others; to men is allotted what they earn, and to women, what they earn; but ask Allah of His bounty, for Allah hath full knowledge of all things." (4:32)
A woman inherits from her relatives. The Qur'an states: "For men there is a share in what parents and relatives leave, and for women there is a share of what parents and relatives leave, whether it be little or much - an ordained share." (4:7)
VI. RIGHTS OF A WIFE
The Qur'an states: "And among His signs is that He created for you mates from among yourselves that you may live in tranquility with them, and He has put love and mercy between you; Verily, in that are signs for people who reflect." (30:21)
Marriage is therefore not just a physical or emotional necessity, but in fact, a sign from God! It is a relationship of mutual rights and obligations based on divine guidance. God created men and women with complimentary natures, and in the Qur'an, He laid out a system of laws to support harmonious interaction between the sexes.
"...They are your garments and you are their garments." (2:187)
Clothing provides physical protection and covers the beauty and faults of the body. Likewise, a spouse is viewed this way. Each protects the other and hides the faults and compliments the characteristics of the spouse.
To foster the love and security that comes with marriage, Muslim wives have various rights. The first of the wife's rights is to receive mahr, a gift from the husband which is part of the marriage contract and required for the legality of the marriage.
The second right of a wife is maintenance. Despite any wealth she may have, her husband is obligated to provide her with food, shelter and clothing. He is not forced, however, to spend beyond his capability and his wife is not entitled to make unreasonable demands. The Qur'an states: "Let the man of means spend according to his means, and the man whose resources are restricted, let him spend according to what Allah has given him. Allah puts no burden on any person beyond what He has given him." (65:7)
God tells us men are guardians over women and are afforded the leadership in the family. His responsibility for obeying God extends to guiding his family to obey God at all times.
A wife's rights also extend beyond material needs. She has the right to kind treatment. The Prophet (pbuh) said: "The most perfect believers are the best in conduct. And the best of you are those who are best to their wives." God tells us He created mates and put love, mercy, and tranquility between them.
Both men and women have a need for companionship and sexual needs, and marriage is designed to fulfill those needs. For one spouse to deny this satisfaction to the other, temptation exists to seek it elsewhere.
VII. DUTIES OF A WIFE
With rights come responsibilities. Therefore, wives have certain obligations to their husbands. The Qur'an states: "The good women in the absence of their husbands guard their rights as Allah has enjoined upon them to be guarded." (4:34)
A wife is to keep her husband's secrets and protect their marital privacy. Issues of intimacy or faults of his that would dishonor him, are not to be shared by the wife, just as he is expected to guard her honor.
A wife must also guard her husband's property. She must safeguard his home and possessions, to the best of her ability, from theft or damage. She should manage the household affairs wisely so as to prevent loss or waste. She should not allow anyone to enter the house whom her husband dislikes nor incur any expenses of which her husband disapproves.
A Muslim woman must cooperate and coordinate with her husband. There cannot, however, be cooperation with a man who is disobedient to God. She should not fulfill his requests if he wants her to do something unlawful. A husband also should not take advantage of his wife, but be considerate of her needs and happiness.
VIII. CONCLUSION
The Qur'an states: "And it becomes not a believing man or a believing women, when Allah and His Messenger (Muhammad) have decided on an affair (for them), that they should (after that) claim any say in their affair; and whoso is rebellious to Allah and His Messenger, he verily goes astray in error manifest." (33:36)
The Muslim woman was given a role, duties and rights 1400 years ago that most women do not enjoy today, even in the West. These are from God and are designed to keep balance in society; what may seem unjust or missing in one place is compensated for or explained in another place. Islam is a complete way of life.
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Source: The Institute of Islamic Information and Education (III&E)
nusrat-diu:
Women in the Qur'an and the Sunnah
by Dr. 'Abdur Rahman I. Doi, Professor and Director, Center for Islamic Legal Studies, Ahmadu Bello University, Zaria, Nigeria.
In Islam there is absolutely no difference between men and women as far as their relationship to God is concerned, as both are promised the same reward for good conduct and the same punishment for evil conduct.
The Qur'an, in addressing the believers, often uses the expression, 'believing men and women' to emphasize the equality of men and women in regard to their respective duties, rights, virtues and merits. It says:
For Muslim men and women, for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who fast, for men and women who guard their chastity, and for men and women who engage much in God's praise, for them has God prepared forgiveness and great reward. (33:35)
This clearly contradicts the assertion of some the Christian Fathers that women do not possess souls and that they will exist as sexless beings in the next life. The Qur'an says that women have souls in exactly the same way as men and will enter Paradise if they do good :
Enter into Paradise, you and your wives, with delight. (43:70) Who so does that which is right, and believes, whether male or female, him or her will We quicken to happy life. (16:97)
The Qur'an admonishes those men who oppress or ill-treat women:
O you who believe! You are forbidden to inherit women against their will. Nor should you treat them with harshness, that you may take away part of the dowry you have given them - except when they have become guilty of open lewdness. On the contrary live with them on a footing of kindness and equity. If you take a dislike to them, it may be that you dislike something and God will bring about through it a great deal of good. (4:19)
Considering the fact that before the advent of Islam the pagan Arabs used to bury their female children alive, make women dance naked in the vicinity of the Ka'ba during their annual fairs, and treat women as mere chattels and objects of sexual pleasure -- possessing no rights or position whatsoever, these teachings of the Noble Qur'an were revolutionary. Unlike other religions, which regarded women as being possessed of inherent sin and wickedness, and men as being possessed of inherent virtue and nobility, Islam regards men and women as being of the same essence created from a single soul. The Qur'an declares:
O mankind! Revere your Guardian-Lord, who created you from a single person, created, of like nature, his mate, and from this pair scattered (like seeds) countless men and women. Revere God, through Whom you demand your mutual (rights), and reverence the wombs (that bore you); for God ever watches over you. (4:1)
The Prophet of Islam, peace be upon him, said, "Women are the twin halves of men". The Qur'an emphasizes the essential unity of men and women in a most beautiful simile:
They (your wives) are your garment and you are a garment for them. (2:187)
Just as a garment hides our nakedness, so do husband and wife, by entering into the relationship of marriage, secure each other's chastity. The garment gives comfort to the body; so does the husband find comfort in his wife's company and she in his. "The garment is the grace, the beauty, the embellishment of the body, so too are wives to their husbands as their husbands are to them." Islam does not consider woman "an instrument of the Devil", but rather the Qur'an calls her muhsana - a fortress against Satan because a good woman, by marrying a man, helps him keep to the path of rectitude in his life. It is for this reason that marriage was considered by the Prophet Muhammad, peace be upon him, as a most virtuous act. He said: "When a man marries, he has completed one half of his religion." He enjoined matrimony on Muslims by saying: "Marriage is part of my way and whoever keeps away from my way is not from me (i.e. is not my follower)." The Qur'an has given the raison d'être of marriage in the following words:
And among His signs is this, that He has created for you mates from among yourselves, that you may dwell in tranquility with them; and He has put love and mercy between you. Verily in that are signs for those who reflect. (30:21)
The Prophet Muhammad, peace be upon him, was full of praise for virtuous and chaste women. He said: "The world and all things in the world are precious but the most precious thing in the world is a virtuous woman." He once told the future Caliph, 'Umar: "Shall I not inform you about the best treasure a man can hoard? It is a virtuous wife who pleases him whenever he looks towards her, and who guards herself when he is absent from her." On other occasions the Prophet, peace be upon him, said: "The best property a man can have is a remembering tongue (i.e. which remembers God), a grateful heart and a believing wife who helps him in his faith." And again: "The world, the whole of it, is a commodity and the best of the commodities of the world is a virtuous wife." Before the advent of Islam women were often treated worse than animals. The Prophet wanted to put a stop to all cruelties to women. He preached kindness towards them. He told the Muslims: "Fear God in respect of women." And: "The best of you are they who behave best to their wives." And: "A Muslim must not hate his wife, and if he be displeased with one bad quality in her, let him be pleased with one that is good." And: "The more civil and kind a Muslim is to his wife, the more perfect in faith he is." The Prophet, peace be upon him, was most emphatic in enjoining upon Muslims to be kind to their women when he delivered his famous sermon (Arabic: khutba on the Mount of Mercy, at Arafat, in the presence of one hundred and twenty-four thousand of his Companions who had gathered there for the Hajj al-Wada (Farewell Pilgrimage). In it he ordered those present, and through them all those Muslims who were to come later, to be respectful and kind towards women. He said:
"Fear God regarding women. Verily you have married them with the trust of God, and made their bodies lawful with the word of God. You have got (rights) over them, and they have got (rights) over you in respect of their food and clothing according to your means."
In Islam a woman is a completely independent personality. She can make any contract or bequest in her own name. She is entitled to inherit in her position as mother, as wife, as sister and as daughter. She has perfect liberty to choose her husband. The pagan society of pre-Islamic Arabia had an irrational prejudice against their female children whom they used to bury alive. The Messenger of God, peace be upon him, was totally opposed to this practice. He showed them that supporting their female children would act as a screen for them against the fire of Hell:
It is narrated by the Prophet's wife, 'A'isha, that a woman entered her house with two of her daughters. She asked for charity but 'A'isha could not find anything except a date, which was given to her. The woman divided it between her two daughters and did not eat any herself. Then she got up and left. When the Prophet, peace be upon him, came to the house, 'A'isha told him about what had happened and he declared that when this woman was brought to account (on the Day of Judgment) about her two daughters, they would act as a screen for her from the fires of Hell.
The worst calamity for a woman is when her husband passes away and, as a widow, the responsibility of maintaining the children falls upon her. In the Eastern World, where a woman does not always go out to earn her living, the problems of widowhood are indescribable. The Prophet Muhammad, peace be upon him, upheld the cause of widows. Most of his wives were widows. In an age when widows were rarely permitted to remarry, the Prophet encouraged his followers to marry them. He was always ready to help widows and exhorted his followers to do the same. Abu Hurairah reported that the Prophet said: "One who makes efforts (to help) the widow or a poor person is like a mujahid (warrior) in the path of God, or like one who stands up for prayers all of the the night and fasts all of the day."
Woman as mother commands great respect in Islam. The Noble Qur'an speaks of the rights of the mother in a number of verses. It enjoins Muslims to show respect to their mothers and serve them well even if they are still unbelievers. The Prophet, peace be upon him, states emphatically that the rights of the mother are paramount. Abu Hurairah reported that a man came to the Messenger of God, peace be upon him, and asked: "O Messenger of God, who is the person who has the greatest right on me with regards to kindness and attention?" He replied, "Your mother." "Then who?" He replied, "Your mother." "Then who?" He replied, "Your mother." "Then who?" He replied, "Your father."
In another tradition, the Prophet advised a believer not to join the war against the Quraish (i.e. the pagan disbelievers at that time) in defense of Islam, but to look after his mother, saying that his service to his mother would be a cause for his salvation. Mu'awiyah, the son of Jahimah, reported that Jahimah came to the Prophet, peace be upon him, and said: "Messenger of God! I want to join the fighting (in the path of God) and I have come to seek your advice." He said, "Then remain in your mother's service, because Paradise is under her feet."
The Prophet's followers accepted his teachings and brought about a revolution in their social attitude towards women. They no longer considered women as a mere chattels, but as an integral part of society. For the first time women were given the right to have a share in inheritance. In the new social climate, women rediscovered themselves and became highly active members of society rendering useful service during the wars which the pagan Arabs forced on the emerging Muslim umma. They carried provisions for the soldiers, nursed them, and even fought alongside them if it was necessary. It became a common sight to see women helping their husbands in the fields, carrying on trade and business independently, and going out of their homes to satisfy their needs.
'A'isha reported that Saudah bint Zam'ah went out one night. 'Umar saw her and recognized her and said, "By God, O Saudah, why do you not hide yourself from us?" She went back to the Prophet, peace be upon him, and told him about it while he was having supper in her room, and he said: "It is permitted by God for you to go out for your needs." The predominant idea in the teachings of Islam with regard to men and women is that a husband and wife should be full-fledged partners in making their home a happy and prosperous place, and that they should be loyal and faithful to one another, and genuinely interested in each other's welfare and the welfare of their children. A woman is expected to exercise a humanizing influence over her husband and to soften the sternness inherent in his nature. A man is enjoined to educate the women in his care so that they cultivate the qualities in which they, by their very nature, excel.
These aspects were much emphasized by the Prophet, peace be upon him. He exhorted men to marry women of piety and women to be faithful to their husbands and kind to their children. He said: "Among my followers the best of men are those who are best to their wives, and the best of women are those who are best to their husbands. To each of such women is set down a reward equivalent to the reward of a thousand martyrs. Among my followers, again, the best of women are those who assist their husbands in their work, and love them dearly for everything, save what is a transgression of God's laws."
Once Mu'awiyah asked the Prophet, peace be upon him: "What are the rights that a wife has over her husband?" The Prophet, peace be upon him, replied: "Feed her when you take your food, give her clothes to wear when you wear clothes, refrain from giving her a slap on the face or abusing her, and do not separate from your wife, except within the house." Once a woman came to the Prophet, peace be upon him, with a complaint against her husband. He told her: "There is no woman who removes something to replace it in its proper place, with a view to tidying her husband's house, but that God sets it down as a virtue for her. Nor is there a man who walks with his wife hand-in-hand, but that God sets it down as a virtue for him; and if he puts his arm round her shoulder in love, his virtue is increased tenfold." Once he was heard praising the women of the tribe of Quraish, saying: " . . . because they are the kindest to their children while they are infants and because they keep a careful watch over the belongings of their husbands."
The Shari'ah (Islamic Law) regards women as the spiritual and intellectual equals of men. The main distinction it makes between them is in the physical realm based on the equitable principle of fair division of labor. It allots the more strenuous work to the man and makes him responsible for the maintenance of the family. It allots the work of managing the home and the upbringing and training of children to the woman, work which has the greatest importance in the task of building a healthy and prosperous society.
It is a fact, however, that sound administration within the domestic field is impossible without a unified policy. For this reason the Shari'ah requires a man, as head of the family, to consult with his family and then to have the final say in decisions concerning it. In doing so he must not abuse his prerogative to cause any injury to his wife. Any transgression of this principle involves for him the risk of losing the favor of God, because his wife is not his subordinate but she is, to use the words of the Prophet, peace be upon him, 'the queen of her house', and this is the position a true believer is expected to give his wife. In contrast to these enlightened teachings of Islam in respect of women, Western talk of women's liberation or emancipation is actually a disguised form of exploitation of her body, deprivation of her honor, and degradation of her soul!
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