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)

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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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Islam, Culture and Women
by Ruqaiyyah Waris Maqsood

How can anyone justify Islam's treatment of women, when it imprisons Afghans under blue shuttlecock burqas and makes Pakistani girls marry strangers against their will?

How can you respect a religion that forces women into polygamous marriages, mutilates their genitals, forbids them to drive cars and subjects them to the humiliation of "instant" divorce? In fact, none of these practices are Islamic at all.

Anyone wishing to understand Islam must first separate the religion from the cultural norms and style of a society. Female genital mutilation is still practised in certain pockets of Africa and Egypt, but viewed as an inconceivable horror by the vast majority of Muslims. Forced marriages may still take place in certain Indian, Pakistani and Bangladeshi communities, but would be anathema to Muslim women from other backgrounds.

Indeed, Islam insists on the free consent of both bride and groom, so such marriages could even be deemed illegal under religious law.

A woman forbidden from driving a car in Riyadh will cheerfully take the wheel when abroad, confident that her country's bizarre law has nothing to do with Islam. Afghan women educated before the Taliban rule know that banning girls from school is forbidden in Islam, which encourages all Muslims to seek knowledge from cradle to grave, from every source possible.

The Koran is addressed to all Muslims, and for the most part it does not differentiate between male and female. Man and woman, it says, "were created of a single soul," and are moral equals in the sight of God. Women have the right to divorce, to inherit property, to conduct business and to have access to knowledge.

Since women are under all the same obligations and rules of conduct as the men, differences emerge most strongly when it comes to pregnancy, child-bearing and rearing, menstruation and, to a certain extent, clothing.

Some of the commands are alien to Western tradition. Requirements of ritual purity may seem to restrict a woman's access to religious life, but are viewed as concessions. During menstruation or postpartum bleeding, she may not pray the ritual salah or touch the Koran and she does not have to fast; nor does she need to fast while pregnant or nursing.

The veiling of Muslim women is a more complex issue. Certainly, the Koran requires them to behave and dress modestly - but these strictures apply equally to men. Only one verse refers to the veiling of women, stating that the Prophet's wives should be behind a hijab when his male guests converse with them.

Some modernists, however, claim that this does not apply to women in general, and that the language used does not carry the textual stipulation that makes a verse obligatory. In practice, most modern Muslim women appreciate attractive and graceful clothes, but avoid dressing provocatively.

What about polygamy, which the Koran endorses up to the limit of four wives per man? The Prophet, of course, lived at a time when continual warfare produced large numbers of widows, who were left with little or no provision for themselves and their children.

In these circumstances, polygamy was encouraged as an act of charity. Needless to say, the widows were not necessarily sexy young women, but usually mothers of up to six children, who came as part of the deal.

Polygamy is no longer common, for various good reasons. The Koran states that wives need to be treated fairly and equally - a difficult requirement even for a rich man. Moreover, if a husband wishes to take a second wife, he should not do so if the marriage will be to the detriment of the first.

Sexual intimacy outside marriage is forbidden in Islam, including sex before marriage, adultery or homosexual relationships. However, within marriage, sexual intimacy should be raised from the animal level to sadaqah (a form of worship) so that each considers the happiness and satisfaction of the other, rather than mere self-gratification.

Contrary to Christianity, Islam does not regard marriages as "made in heaven" or "till death do us part". They are contracts, with conditions. If either side breaks the conditions, divorce is not only allowed, but usually expected. Nevertheless, a hadith makes it clear that: "Of all the things God has allowed, divorce is the most disliked."

A Muslim has a genuine reason for divorce only if a spouse's behaviour goes against the sunnah of Islam - in other words, if he or she has become cruel, vindictive, abusive, unfaithful, neglectful, selfish, sexually abusive, tyrannical, perverted - and so on.

In good Islamic practice, before divorce can be contemplated, all possible efforts should be made to solve a couple's problems. After an intention to divorce is announced, there is a three-month period during which more attempts are made at reconciliation.

If, by the end of each month, the couple have resumed sexual intimacy, the divorce should not proceed. The three-month rule ensures that a woman cannot remarry until three menstrual cycles have passed - so, if she happens to be pregnant, the child will be supported and paternity will not be in dispute.

When Muslims die, strict laws govern the shares of property and money they may leave to others; daughters usually inherit less than sons, but this is because the men in a family are supposed to provide for the entire household.

Any money or property owned by women is theirs to keep, and they are not obliged to share it. Similarly, in marriage, a woman's salary is hers and cannot be appropriated by her husband unless she consents.

A good Muslim woman, for her part, should always be trustworthy and kind. She should strive to be cheerful and encouraging towards her husband and family, and keep their home free from anything harmful (haram covers all aspects of harm, including bad behaviour, abuse and forbidden foods).

Regardless of her skills or intelligence, she is expected to accept her man as the head of her household - she must, therefore, take care to marry a man she can respect, and whose wishes she can carry out with a clear conscience. However, when a man expects his wife to do anything contrary to the will of God - in other words, any nasty, selfish, dishonest or cruel action - she has the right to refuse him.

Her husband is not her master; a Muslim woman has only one Master, and that is God. If her husband does not represent God's will in the home, the marriage contract is broken.

What should one make of the verse in the Koran that allows a man to punish his wife physically? There are important provisos: he may do so only if her ill-will is wrecking the marriage - but then only after he has exhausted all attempts at verbal communication and tried sleeping in a separate bed.

However, the Prophet never hit a woman, child or old person, and was emphatic that those who did could hardly regard themselves as the best of Muslims. Moreover, he also stated that a man should never hit "one of God's handmaidens". Nor, it must be said, should wives beat their husbands or become inveterate nags.

Finally, there is the issue of giving witness. Although the Koran says nothing explicit, other Islamic sources suggest that a woman's testimony in court is worth only half of that of a man. This ruling, however, should be applied only in circumstances where a woman is uneducated and has led a very restricted life: a woman equally qualified to a man will carry the same weight as a witness.

So, does Islam oppress women?

While the spirit of Islam is clearly patriarchal, it regards men and women as moral equals. Moreover, although a man is technically the head of the household, Islam encourages matriarchy in the home.

Women may not be equal in the manner defined by Western feminists, but their core differences from men are acknowledged, and they have rights of their own that do not apply to men

[nusrat-diu]

Women Scholars of Hadith
Dr. Muhammad Zubayr Siddiqi

History records few scholarly enterprises, at least before modern times, in which women have played an important and active role side by side with men. The science of hadith forms an outstanding exception in this respect.

Islam, as a religion which (unlike Christianity) refused to attribute gender to the Godhead,1 and never appointed a male priestly elite to serve as an intermediary between creature and Creator, started life with the assurance that while men and women are equipped by nature for complementary rather than identical roles, no spiritual superiority inheres in the masculine principle.2 As a result, the Muslim community was happy to entrust matters of equal worth in God's sight. Only this can explain why, uniquely among the classical Western religions, Islam produced a large number of outstanding female scholars, on whose testimony and sound judgment much of the edifice of Islam depends.

Since Islam's earliest days, women had been taking a prominent part in the preservation and cultivation of hadith, and this function continued down the centuries. At every period in Muslim history, there lived numerous eminent women-traditionists, treated by their brethren with reverence and respect. Biographical notices on very large numbers of them are to be found in the biographical dictionaries.

During the lifetime of the Prophet, many women had been not only the instance for the evolution of many traditions, but had also been their transmitters to their sisters and brethren in faith.3 After the Prophet's death, many women Companions, particularly his wives, were looked upon as vital custodians of knowledge, and were approached for instruction by the other Companions, to whom they readily dispensed the rich store which they had gathered in the Prophet's company. The names of Hafsa, Umm Habiba, Maymuna, Umm Salama, and A'isha, are familiar to every student of hadith as being among its earliest and most distinguished transmitters.4 In particular, A'isha is one of the most important figures in the whole history of hadith literature - not only as one of the earliest reporters of the largest number of hadith, but also as one of their most careful interpreters.

In the period of the Successors, too, women held important positions as traditionists. Hafsa, the daughter of Ibn Sirin,5 Umm al-Darda the Younger (d.81/700), and 'Amra bin 'Abd al-Rahman, are only a few of the key women traditionists of this period. Umm al-Darda' was held by Iyas ibn Mu'awiya, an important traditionist of the time and a judge of undisputed ability and merit, to be superior to all the other traditionists of the period, including the celebrated masters of hadith like al-Hasan al-Basri and Ibn Sirin.6 'Amra was considered a great authority on traditions related by A'isha. Among her students, Abu Bakr ibn Hazm, the celebrated judge of Medina, was ordered by the caliph Umar ibn Abd al-Aziz to write down all the traditions known on her authority.7

After them, 'Abida al-Madaniyya, 'Abda bin Bishr, Umm Umar al-Thaqafiyya, Zaynab the granddaughter of Ali ibn Abd Allah ibn Abbas, Nafisa bint al-Hasan ibn Ziyad, Khadija Umm Muhammad, 'Abda bint Abd al-Rahman, and many other members of the fair sex excelled in delivering public lectures on hadith. These devout women came from the most diverse backgrounds, indicating that neither class nor gender were obstacles to rising through the ranks of Islamic scholarship. For example, Abida, who started life as a slave owned by Muhammad ibn Yazid, learnt a large number of hadiths with the teachers in Median. She was given by her master to Habib Dahhun, the great traditionist of Spain, when he visited the holy city on this way to the Hajj. Dahhun was so impressed by her learning that he freed her, married her, and brought her to Andalusia. It is said that she related ten thousand traditions on the authority of her Medinan teachers.8

Zaynab bint Sulayman (d. 142/759), by contrast, was princess by birth. Her father was a cousin of al-Saffah, the founder of the Abbasid dynasty, and had been a governor of Basra, Oman and Bahrayn during the caliphate of al-Mansur.9 Zaynab, who received a fine education, acquired a mastery of hadith, gained a reputation as one of the most distinguished women traditionists of the time, and counted many important men among her pupils.10

This partnership of women with men in the cultivation of the Prophetic Tradition continued in the period when the great anthologies of hadith were compiled. A survey of the texts reveals that all the important compilers of traditions from the earliest period received many of them from women shuyukh: every major collection gives the names of many women as the immediate authorities of the author. And when these works had been compiled, the women traditionists themselves mastered them, and delivered lectures to large classes of pupils, to whom they would issue their own ijazas.

In the fourth century, we find Fatima bint Abd al-Rahman (d. 312/924), known as al-Sufiyya on account of her great piety; Fatima (granddaughter of Abu Daud of Sunan fame); Amat al-Wahid (d. 377/987), the daughter of distinguished jurist al-Muhamili; Umm al-Fath Amat as-Salam (d. 390/999), the daughter of the judge Abu Bakr Ahmad (d.350/961); Jumua bint Ahmad, and many other women, whose classes were always attended by reverential audiences.11

The Islamic tradition of female hadith scholarship continued in the fifth and sixth centuries of hijra. Fatima bin al-Hasan ibn Ali ibn al-Daqqaq al-Qushayri, was celebrated not only for her piety and her mastery of calligraphy, but also for her knowledge of hadith and the quality of the isnads she knew.12 Even more distinguished was Karima al-Marwaziyya (d.463/1070), who was considered the best authority on the Sahih of al-Bukhari in her own time. Abu Dharr of Herat, one of the leading scholars of the period, attached such great importance to her authority that he advised his students to study the Sahih under no one else, because of the quality of her scholarship. She thus figures as a central point in the transmission of this seminal text of Islam.13 As a matter of fact, writes Godziher, 'her name occurs with extraordinary frequency of the ijazas for narrating the text of this book.'14 Among her students were al-Khatib al-Baghdadi15 and al-Humaydi (428/1036-488/1095).16

Aside from Karima, a number of other women traditionists 'occupy an eminent place in the history of the transmission of the text of the Sahih.'17 Among these, one might mention in particular Fatima bint Muhammad (d.539/1144; Shuhda 'the Writer' (d.574/1178), and Sitt al-Wuzara bint Umar (d.716/1316).18 Fatima narrated the book on the authority of the great traditionist Said al-Ayyar; she received from the hadith specialists the proud tittle of Musnida Isfahan (the great hadith authority of Isfahan). Shuhda was a famous calligrapher and a traditionist of great repute; the biographers describe her as 'the calligrapher, the great authority on hadith, and the pride of womanhood.' Her great-grandfather had been a dealer in needles, and thus acquired the sobriquet 'al-Ibri'. But her father, Abu Nasr (d. 506/1112) had acquired a passion for hadith, and managed to study it with several masters of the subject.19 In obedience to the sunna, he gave his daughter a sound academic education, ensuring that she studied under many traditionists of accepted reputation.

She married Ali ibn Muhammad, an important figure with some literary interests, who later became a boon companion of the caliph al-Muqtadi, and founded a college and a Sufi lodge, which he endowed most generously. His wife, however, was better known: she gained her reputation in the field of hadith scholarship, and was noted for the quality of her isnads.20 Her lectures on Sahih al-Bukhari and other hadith collections were attended by large crowds of students; and on account of her great reputation, some people even falsely claimed to have been her disciples.21

Also known as an authority on Bukhari was Sitt al-Wuzara, who, besides her acclaimed mastery of Islamic law, was known as 'the musnida of her time', and delivered lectures on the Sahih and other works in Damascus and Egypt. 22 Classes on the Sahih were likewise given by Umm al-Khayr Amat al-Khaliq (811/1408-911/1505), who is regarded as the last great hadith scholar of the Hijaz.23 Still another authority on Bukhari was A'isha bint Abd al-Hadi.24

Apart from these women, who seem to have specialized in the great Sahih of Imam al-Bukhari, there were others, whose expertise was centered on other texts. Umm al-Khayr Fatima bint Ali (d.532/1137), and Fatima al-Shahrazuriyya, delivered lectures on the Sahih of Muslim.25 Fatima al-Jawzdaniyya (d.524/1129) narrated to her students the three Mu'jams of al-Tabarani.26 Zaynab of Harran (d.68/1289), whose lectures attracted a large crowd of students, taught them the Musnad of Ahmad ibn Hanbal, the largest known collection of hadiths.27 Juwayriya bint Umar (d.783/1381), and Zaynab bint Ahmad ibn Umar (d.722/1322), who had travelled widely in pursuit of hadith and delivered lectures in Egypt as well as Medina, narrated to her students the collections of al-Darimi and Abd ibn Humayd; and we are told that students travelled from far and wide to attend her discourses.28 Zaynab bint Ahmad (d.740/1339), usually known as Bint al-Kamal, acquired 'a camel load' of diplomas; she delivered lectures on the Musnad of Abu Hanifa, the Shamail of al-Tirmidhi, and the Sharh Ma'ani al-Athar of al-Tahawi, the last of which she read with another woman traditionist, Ajiba bin Abu Bakr (d.740/1339).29 'On her authority is based,' says Goldziher, 'the authenticity of the Gotha codex ... in the same isnad a large number of learned women are cited who had occupied themselves with this work."30 With her, and various other women, the great traveller Ibn Battuta studied traditions during his stay at Damascus.31 The famous historian of Damascus, Ibn Asakir, who tells us that he had studied under more than 1,200 men and 80 women, obtained the ijaza of Zaynab bint Abd al-Rahman for the Muwatta of Imam Malik.32 Jalal al-Din al-Suyuti studied the Risala of Imam Shafii with Hajar bint Muhammad.33 Afif al-Din Junayd, a traditionist of the ninth century AH, read the Sunan of al-Darimi with Fatima bin Ahmad ibn Qasim.34

Other important traditionists included Zaynab bint al-Sha'ri (d.524/615-1129/1218). She studied hadith under several important traditionists, and in turn lectured to many students - some of who gained great repute - including Ibn Khallikan, author of the well-known biographical dictionary Wafayat al-Ayan.35 Another was Karima the Syrian (d.641/1218), described by the biographers as the greatest authority on hadith in Syria of her day. She delivered lectures on many works of hadith on the authority of numerous teachers.36

In his work al-Durar al-Karima,37 Ibn Hajar gives short biographical notices of about 170 prominent women of the eighth century, most of whom are traditionists, and under many of whom the author himself had studied.38 Some of these women were acknowledged as the best traditionists of the period. For instance, Juwayriya bint Ahmad, to whom we have already referred, studied a range of works on traditions, under scholars both male and female, who taught at the great colleges of the time, and then proceeded to give famous lectures on the Islamic disciplines. 'Some of my own teachers,' says Ibn Hajar, 'and many of my contemporaries, attended her discourses.'39 A'isha bin Abd al-Hadi (723-816), also mentioned above, who for a considerable time was one of Ibn Hajar's teachers, was considered to be the finest traditionist of her time, and many students undertook long journeys in order to sit at her feet and study the truths of religion.40 Sitt al-Arab (d.760-1358) had been the teacher of the well-known traditionist al-Iraqi (d.742/1341), and of many others who derived a good proportion of their knowledge from her.41 Daqiqa bint Murshid (d.746/1345), another celebrated woman traditionist, received instruction from a whole range of other woman.

Information on women traditionists of the ninth century is given in a work by Muhammad ibn Abd al-Rahman al-Sakhawi (830-897/1427-1489), called al-Daw al-Lami, which is a biographical dictionary of eminent persons of the ninth century.42 A further source is the Mu'jam al-Shuyukh of Abd al-Aziz ibn Umar ibn Fahd (812-871/1409-1466), compiled in 861 AH and devoted to the biographical notices of more than 1,100 of the author's teachers, including over 130 women scholars under whom he had studied.43 Some of these women were acclaimed as among the most precise and scholarly traditionists of their time, and trained many of the great scholars of the following generation. Umm Hani Maryam (778-871/1376-1466), for instance, learnt the Qur'an by heart when still a child, acquired all the Islamic sciences then being taught, including theology, law, history, and grammar, and then travelled to pursue hadith with the best traditionists of her time in Cairo and Mecca. She was also celebrated for her mastery of calligraphy, her command of the Arabic language, and her natural aptitude in poetry, as also her strict observance of the duties of religion (she performed the hajj no fewer than thirteen times). Her son, who became a noted scholar of the tenth century, showed the greatest veneration for her, and constantly waited on her towards the end of her life. She pursued an intensive program of learning in the great college of Cairo, giving ijazas to many scholars, Ibn Fahd himself studied several technical works on hadith under her.44

Her Syrian contemporary, Bai Khatun (d.864/1459), having studied traditions with Abu Bakr al-Mizzi and numerous other traditionalists, and having secured the ijazas of a large number of masters of hadith, both men and women, delivered lectures on the subject in Syria and Cairo. We are told that she took especial delight in teaching.45 A'isha bin Ibrahim (760/1358-842/1438), known in academic circles as Ibnat al-Sharaihi, also studied traditions in Damascus and Cairo (and elsewhere), and delivered lectures which eminent scholars of the day spared no efforts to attend.46 Umm al-Khayr Saida of Mecca (d.850/1446) received instruction in hadith from numerous traditionists in different cities, gaining an equally enviable reputation as a scholar.47

So far as may be gathered from the sources, the involvement of women in hadith scholarships, and in the Islamic disciplines generally, seems to have declined considerably from the tenth century of the hijra. Books such as al-Nur al-Safir of al-Aydarus, the Khulasat al-Akhbar of al-Muhibbi, and the al-Suluh al-Wabila of Muhammad ibn Abd Allah (which are biographical dictionaries of eminent persons of the tenth, eleventh and twelfth centuries of the hijra respectively) contain the names of barely a dozen eminent women traditionists. But it would be wrong to conclude from this that after the tenth century, women lost interest in the subject. Some women traditionists, who gained good reputations in the ninth century, lived well into the tenth, and continued their services to the sunna. Asma bint Kamal al-Din (d.904/1498) wielded great influence with the sultans and their officials, to whom she often made recommendations - which, we are told, they always accepted. She lectured on hadith, and trained women in various Islamic sciences.48 A'isha bint Muhammad (d.906/1500), who married the famous judge Muslih al-Din, taught traditions to many students, and was appointed professor at the Salihiyya College in Damascus.49 Fatima bint Yusuf of Aleppo (870/1465-925/1519), was known as one of the excellent scholars of her time.50 Umm al-Khayr granted an ijaza to a pilgrim at Mecca in the year 938/1531.51

The last woman traditionist of the first rank who is known to us was Fatima al-Fudayliya, also known as al-Shaykha al-Fudayliya. She was born before the end of the twelfth Islamic century, and soon excelled in the art of calligraphy and the various Islamic sciences. She had a special interest in hadith, read a good deal on the subject, received the diplomas of a good many scholars, and acquired a reputation as an important traditionist in her own right. Towards the end of her life, she settled at Mecca, where she founded a rich public library. In the Holy City she was attended by many eminent traditionists, who attended her lectures and received certificates from her. Among them, one could mention in particular Shaykh Umar al-Hanafi and Shaykh Muhammad Sali. She died in 1247/1831.52

Throughout the history of feminine scholarship in Islam it is clear that the women involved did not confine their study to a personal interest in traditions, or to the private coaching of a few individuals, but took their seats as students as well as teachers in pubic educational institutions, side by side with their brothers in faith. The colophons of many manuscripts show them both as students attending large general classes, and also as teachers, delivering regular courses of lectures. For instance, the certificate on folios 238-40 of the al-Mashikhat ma al-Tarikh of Ibn al-Bukhari, shows that numerous women attended a regular course of eleven lectures which was delivered before a class consisting of more than five hundred students in the Umar Mosque at Damascus in the year 687/1288. Another certificate, on folio 40 of the same manuscript, shows that many female students, whose names are specified, attended another course of six lectures on the book, which was delivered by Ibn al-Sayrafi to a class of more than two hundred students at Aleppo in the year 736/1336. And on folio 250, we discover that a famous woman traditionist, Umm Abd Allah, delivered a course of five lectures on the book to a mixed class of more than fifty students, at Damascus in the year 837/1433.53

Various notes on the manuscript of the Kitab al-Kifaya of al-Khatib al-Baghdadi, and of a collection of various treatises on hadith, show Ni'ma bin Ali, Umm Ahmad Zaynab bint al-Makki, and other women traditionists delivering lectures on these two books, sometimes independently, and sometimes jointly with male traditionists, in major colleges such as the Aziziyya Madrasa, and the Diyaiyya Madrasa, to regular classes of students. Some of these lectures were attended by Ahmad, son of the famous general Salah al-Din.54

 


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The above article originally appeared as Chapter 6, pp. 142-153, in Hadith Literature: Its Origin, Development, Special Features & Criticism by Dr. Muhammad Zubayr Siddiqi (Sir Ashutosh Professor of Islamic Culture, Calcutta University; published by Calcutta University, 1961).  A revised edition is now available, rearranged and modified under the title, Hadith Literature: Its Origins, Development & Special Features published by Islamic Texts Society (Cambridge, 1993). The original edition is out of print.

Footnotes:

Maura O'Neill, Women Speaking, Women Listening (Maryknoll, 1990CE), 31: "Muslims do not use a masculine God as either a conscious or unconscious tool in the construction of gender roles."
For a general overview of the question of women's status in Islam, see M. Boisers, L'Humanisme de l'Islam (3rd. ed., Paris, 1985CE), 104-10.
al-Khatib, Sunna, 53-4, 69-70.
See above, 18, 21.
Ibn Sa'd, VIII, 355.
Suyuti, Tadrib, 215.
Ibn Sa'd, VIII, 353.
Maqqari, Nafh, II, 96.
Wustenfeld, Genealogische Tabellen, 403.
al-Khatib al-Baghdadi, Tarikh Baghdad, XIV, 434f.
Ibid., XIV, 441-44.
Ibn al-Imad, Shsadharat al-Dhahah fi Akhbar man Dhahah (Cairo, 1351), V, 48; Ibn Khallikan, no. 413.
Maqqari, Nafh, I, 876; cited in Goldziher, Muslim Studies, II, 366.
Goldziher, Muslim Studies, II, 366. "It is in fact very common in the ijaza of the transmission of the Bukhari text to find as middle member of the long chain the name of Karima al-Marwaziyya," (ibid.).
Yaqut, Mu'jam al-Udaba', I, 247.
COPL, V/i, 98f.
Goldziher, Muslim Studies, II, 366.
Ibn al-Imad, IV, 123. Sitt al-Wuzara' was also an eminent jurist. She was once invited to Cairo to give her fatwa on a subject that had perplexed the jurists there.
Ibn al-Athir, al-Kamil (Cairo, 1301), X, 346.
Ibn Khallikan, no. 295.
Goldziher, Muslim Studies, II, 367.
Ibn al-Imad, VI. 40.
Ibid., VIII, 14.
Ibn Salim, al-Imdad (Hyderabad, 1327), 36.
Ibn al-Imad, IV, 100.
Ibn Salim, 16.
Ibid., 28f.
Ibn al-Imad, VI 56.
ibid., 126; Ibn Salim, 14, 18; al-Umari, Qitf al-Thamar (Hyderabad, 1328), 73.
Goldziher, Muslim Studies, II, 407.
Ibn Battuta, Rihla, 253.
Yaqut, Mu'jam al-Buldan, V, 140f.
Yaqut, Mu'jam al-Udaba, 17f.
COPL, V/i, 175f.
Ibn Khallikan, no.250.
Ibn al-Imad, V, 212, 404.
Various manuscripts of this work have been preserved in libraries, and it has been published in Hyderabad in 1348-50. Volume VI of Ibn al-Imad's Shadharat al-Dhahab, a large biographical dictionary of prominent Muslim scholars from the first to the tenth centuries of the hijra, is largely based on this work.
Goldziher, accustomed to the exclusively male environment of nineteenth-century European universities, was taken aback by the scene depicted by Ibn Hajar. Cf. Goldziher, Muslim Studies, II, 367: "When reading the great biographical work of Ibn Hajar al-Asqalani on the scholars of the eighth century, we may marvel at the number of women to whom the author has to dedicate articles."
Ibn Hajar, al-Durar al-Karima fi Ayan al-Mi'a al-Thamina (Hyderabad, 1348-50), I, no. 1472.
Ibn al-Imad, VIII, 120f.
Ibind., VI, 208. We are told that al-Iraqi (the best know authority on the hadiths of Ghazali's Ihya Ulum al-Din) ensured that his son also studied under her.
A summary by Abd al-Salam and Umar ibn al-Shamma' exists (C. Brockelmann, Geschichte der arabischen Litteratur, second ed. (Leiden, 1943-49CE), II, 34), and a defective manuscript of the work of the latter is preserved in the O.P. Library at Patna (COPL, XII, no.727).
Ibid.
Sakhawi, al-Saw al-Lami li-Ahl al-Qarn al-Tasi (Cairo, 1353-55), XII, no. 980.
Ibid., no. 58.
Ibid., no. 450.
Ibid., no. 901.
al-Aydarus, al-Nur al-Safir (Baghdad, 1353), 49.
Ibn Abi Tahir, see COPL, XII, no. 665ff.
Ibid.
Goldziher, Muslim Studies, II, 407.
al-Suhuh al-Wabila, see COPL, XII, no. 785.
COPL, V/ii, 54.
Ibid., V/ii, 155-9, 180-208. For some particularly instructive annotated manuscripts preserved at the Zahiriya Library at Damascus, see the article of Abd al-Aziz al-Maymani in al-Mabahith al-Ilmiyya (Hyderabad: Da'irat al-Ma'arif, 1358), 1-14.


 
 

[nusrat-diu]

The Status of Women in Islam
Jamal A. Badawi provides a brief and authentic exposition of the teachings of Islam regarding women.

CONTENTS

PREFACE

INTRODUCTION

HISTORICAL PERSPECTIVES

Women in Ancient Civilization
WOMEN IN ISLAM
1. The Spiritual Aspect
2. The Social Aspect
(a) As a Child and Adolescent
(b) As a Wife
(c) As a Mother
3. The Economic Aspect
4. The political Aspect
CONCLUSION

BIBLIOGRAPHY


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PREFACE

Family, society and ultimately the whole of mankind is treated by Islam on an ethical basis. Differentiation in sex is neither a credit nor a drawback for the sexes. Therefore, when we talk about status of woman in Islam it should not lead us to think that Islam has no specific guidelines, limitations, responsibilities and obligations for men. What makes one valuable and respectable in the eyes of Allah, the Creator of mankind and the universe, is neither one's prosperity, position, intelligence, physical strength nor beauty, but only one's Allah-consciousness and awareness (taqwa). However, since in the Western culture and in cultures influenced by it, there exists a disparity between men and women there is more need for stating Islam's position on important issues in a clear way.

Dr. Jamal Badawi's essay, The Status of Women in Islam, was originally published in our quarterly journal, Al-lttihad, Vol. 8, No. 2, Sha'ban 1391/Sept 1971. Since then it has been one of our most-demanded publications. We thank Br. Jamal for permitting us to reprint his essay. We hope it will clarify many of the misconceptions.

Anis Ahmad,
Director Dept. of Education and Training
MSA of U.S. and Canada
P.O. Box 38 Plainfield, IN 46168 USA

Jumada al Thani 1400 April 1980

 


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I. INTRODUCTION

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 Western reader 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 that position 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?

 


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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 of woman's dignity and rights. In order to achieve this objective, it may be useful to review briefly how women were treated in general in previous civilizations and religions, especially those which 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 a cardinal 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 either the 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 historian as: "a babe, a minor, a ward, a person incapable of 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 of a 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 courts devised means to forbid a husband's transferring real property without the consent of his wife, but he still retained the right to manage it and to receive the money which it produced. As to a wife's personal 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 the Middle Roman Law."

In his essay The Subjection of Women, John Stuart Mill wrote:

We are continually told that civilization and Christianity have restored to the woman her just rights. Meanwhile the wife is the actual bondservant of her husband; no less so, as far as the legal obligation goes, 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 for the 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's property, 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 a privilege of the husband only .... "

The position of the Christian Church until recent centuries seems to have been influenced by both the Mosaic Law and by the streams of thought that were dominant in its contemporary cultures. In their book, Marriage East and West, David and Vera Mace 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, for it 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.

 


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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 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: "It is 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, them Qur'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 among yourselves ...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.


1. 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 give a 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. Both were jointly wrong in their disobedience to God, both repented, and both were forgiven. (Qur'an 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 missed for 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 is optional 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 Qur'an 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." (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 Birth of) 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 requires kind 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 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 (P.) said:

"Seeking knowledge is mandatory for every Muslim". (AlBayhaqi). Muslim as used here including both males and females.

b) As a wife:

The Qur'an clearly indicates that marriage is sharing between the two halves of the society, and that its objectives, beside perpetuating human life, are emotional well-being and spiritual harmony. Its bases 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 ordained between 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 a girl 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 I wanted 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 that such 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 of man 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 to that natural difference between the sexes which entitles the weaker sex to protection. 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 to their 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 relatively more emotional nature of women, a good reason for 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 and divorce are interesting and are worthy of separate treatment.

When the continuation of the marriage relationship is impossible for 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 them not 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 mother bears him in weakness upon weakness..." (Qur'an 31:14) (See also Qur'an 46:15, 29:.

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 be kind 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. The man 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 as late 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 right undergoes 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 a wife 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, especially in 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 scholars such as Abu-Hanifa and Al-Tabary holding there is nothing wrong with it. In addition, 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 it be 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, which was 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, and in 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 is divorced, 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'an and 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 Omar is wrong."

Although not mentioned in the Qur'an, one Hadeeth of the Prophet is interpreted to make woman ineligible for the position of head of state. The Hadeeth referred to is roughly translated: "A people will not prosper if they 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 the biological and psychological make-up of men 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 security and 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 excessive strain which is produced. Moreover, some decisions require 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 than a figurehead, a woman commander of the armed services, or even a proportionate number of women 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 terms of 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 of both the sexes in life.





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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 are worth mentioning:

1. The history of Muslims is rich with women of great achievements in all walks of life from as early as 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, or distort the clear-cut legal rights of women given in Islamic 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's part 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 the divine 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 the course 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.

 

 


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BIBLIOGRAPHY

The Holy, Qur'an: Translation of verses is heavily based on A. Yusuf Ali's translation, The Glorious Qur'an, text translation, and Commentary, The American Trust Publication, Plainfield, IN 46168, 1979.

Abd Al-Ati, Hammudah, Islam in Focus, The American Trust Publications, Plainfield, IN 46168, 1977.

Allen, E. A., History of Civilization, General Publishing House, Cincinnati, Ohio, 1889, Vol. 3.

Al Siba'i, Mustafa, Al-Alar'ah Baynal Fiqh Walqanoon (in Arabic), 2nd. ea., Al-Maktabah Al-Arabiah, Halab, Syria, 1966.

El-Khouli, Al-Bahiy, "Min Usus Kadiat Al-Mara'ah" (in Arabic), A 1- Waay A l-lslami, Ministry of Walcf, Kuwait, Vol.3 (No. 27), June 9, 1967, p.17.

Encyclopedia Americana (International Edition), American Corp., N.Y., 1969, Vol.29.

Encyclopedia Biblica (Rev.T.K.Cheynene and J.S.Black, editors), The Macmillan Co., London, England, 1902, Vol.3.

The Encyclopedia Britannica, (11 th ed.), University Press Cambridge, England, 191 1, Vol.28.

Encyclopedia Britannica, The Encyclopedia Britannica, Inc., Chicago, III., 1968, Vol.23.

Hadeeth. Most of the quoted Hadeeth were translated by the writer. They are quoted in various Arabic sources. Some of them, however, were translated directly from the original sources. Among the sources checked are Musnad Ahmad Ibn Hanbal Dar AlMa'aref, Cairo, U.A.R., 1950, and 1955, Vol.4 and 3,SunanIbnMajah, Dar Ihya'a Al-Kutub al-Arabiah, Cairo, U.A.R., 1952, Vol.l, Sunan al-Tirimidhi, Vol.3.

Mace, David and Vera, Marriage: East and West, Dolphin Books, Doubleday and Co., Inc., N.Y., 1960.

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Is Hijab Compulsory?
"The Quran does not suggest that women should be veiled or they should be kept apart from the world of men. On the contrary, the Quran is insistent on the full participation of women in society and in the religious practices."
By Dr. Ibrahim B. Syed, Ph.D

One of the verses in the Quran protects a woman's fundamental rights. Verse 59 of Surah Al-Ahzaab reads: "O Prophet! Tell thy wives and daughters and the believing women, that they should cast their outer garments over their persons (when outside) : so that they should be known (as such) and not molested".

According to the Quran, the reason why Muslim women should wear an outer garment when going out of their homes is that they may be recognised as "Believing" women and differentiated from streetwalkers for whom sexual harassment is an occupational hazard. The purpose of this verse was not to confine women to their homes, but to make it safe for them to go about their daily business without attracting unsavoury attention.

Older Muslim women who are past the prospect of marriage are not required to wear "the outer garment". "Such elderly women as are past the prospect of marriage, there is no blame on them if they lay aside their (outer) garments, provided they make not wanton display of their beauty; but it is best for them to be modest; and Allah is One Who sees and knows all things". (24:60).

The Quran does not suggest that women should be veiled or they should be kept apart from the world of men. On the contrary, the Quran is insistent on the full participation of women in society and in the religious practices.

Morality of the self and cleanliness of conscience are far better than the morality of the purdah. No goodness can come from pretence. Imposing the veil on women is the ultimate proof that men suspect their mothers, daughters, wives and sisters of being potential traitors to them. How can Muslim men meet non-Muslim women who are not veiled and treat them respectfully, but not accord the same respectful treatment to Muslim women?

To wear the Hijaab is certainly NOT an Islamic obligatory on women. It is an innovation (Bid'ah) of men suffering from a piety complex who are so weak spiritually that they just cannot trust themselves!

Muslim women remained in mixed company with men until the late sixth century (A.H.) or 11 th century (A.C.). They received guests, held meetings and went to wars to help their brothers and husbands, and they defended their castles and bastions.

It is part of the growing feeling on the part of Muslim men and women that they no longer wish to identify with the West, and that reaffirmation of their identity as Muslims requires the kind of visible sign that adoption of conservative clothing implies.

For these women the issue is not that they have to dress conservatively, but that they choose to. In lran, Imam Khomeini first insisted that women must wear the veil and chador, but in response to large demonstrations by women, he modified his position and agreed that while the chador is not obligatory, MODEST dress is.

[nusrat-diu]

The Veil

A brief exploration of the complex topic of hijab and face-veiling in Islam

If the average non-Muslim were asked to name one thing about Islam, it could well be that women are required by Islamic Law to wear a veil and cover their faces in public. In fact, that is a gross simplification of a complex topic.

The Quran enjoins both men and women to dress modestly, and also speaks of covering women's adornments from outsiders of the family. All four of the major schools of Islamic law developed a code where women were expected to cover their bodies from the ankles to the neck and the arms above the elbow. But the veil itself, particularly a veil which covers the face, is much more controversial.

Many Islamic fundamentalist movements believe their religion prescribes the covering of women's faces - and they are in the headlines in one country or another almost very week for punishing women who fail to wear what they consider to be proper Islamic dress. But that is largely a political statement.

Traditional dress codes in fact vary sharply in different Muslim societies. In Iran, the black chador is traditional among wide sectors of society but among the bedouin of the Arabian peninsular, women wear scarves that cover their hair but leave their faces open - just like most of their men. The same is also true in Muslim areas of south-east Asia.

As political Islam is at least partly based on the 'Coca-Cola' invasion that followed the withdrawal of European colonial domination, the veil becomes a key part of the ideology. But it's important to recognise that Islam itself merely prescribes modesty rather than actually forcing the wearing of a particular garment. Some scholars, for example, suggest that as modesty means not drawing unnecessary attention to oneself, a woman wearing baggy jeans, a jumper and an unobtrusive scarf in a Western country could be more in accordance with the spirit of Islamic law than another woman who wore the full costume of an alien culture.

Source: http://www.megastories.com/islam/glossary/veil.htm

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A Study of Surah an-Nur, Ayah 31
What is the meaning of Surah an-Nur ayah 31?  What does "what is apparent of it" refer to?  What type of garment is the khimar?  What is the woman's jayb?
"Al-Muhajabah", a European-American convert to Islam examines the hijab question.

What is the meaning of Surah an-Nur ayah 31?

The Arabic text of this ayah is:

Wa qul li al-mu'minat yaghdudna min absarihinna wa yahfazna furujahunna wa laa yubdina zenatahunna illa maa zahara min haa wal-yadribna bi khumurihinna ala juyubihinna; wa laa yubdina zenatahunna illa li bu'ulatihinna aw aba'ihinna aw aba'i bu'ulatihinna aw abna'ihinna aw abna'i bu'ulatihinna aw ikhwanihinna aw bani ikhwanihinna aw bani akhawatihinna aw nisa'ihinna aw maa malakat aymanu hunna aw at-tabi'ina ghayri ulu'l-irbat min ar-rijal aw at-tifl alladhina lam yazharu ala awrat an-nisa wa laa yadribna bi arjulihinna li yu'lama maa yukhfina min zenatahinna. Wa tubu ilaAllahi jami'an, ayyuha al-mu'minun la'allakum tuflihun

A translation of this is:

And say to the faithful women to lower their gazes, and to guard their private parts, and not to display their adornment except what is apparent of it, and to extend their headcoverings (khimars) to cover their bosoms (jaybs), and not to display their adornment except to their husbands, or their fathers, or their husband's fathers, or their sons, or their husband's sons, or their brothers, or their brothers' sons, or their sisters' sons, or their womenfolk, or what their right hands rule (slaves), or the followers from the men who do not feel sexual desire, or the small children to whom the nakedness of women is not apparent, and not to strike their feet (on the ground) so as to make known what they hide of their adornments. And turn in repentance to God together, O you the faithful, in order that you are successful

As we can see, this ayah contains six commands for the Muslim sister, which I will list briefly, inshallah.

1) Lower the gaze.

2) Guard the private parts.

3) Not display the adornment "except what is apparent of it".

4) Draw the khimar to cover the jayb.

5) Not display the adornment except to the people listed in the ayah.

6) Not stamp the feet so as to give knowledge of hidden adornment.

Three of these commands relate to behavior, which are lowering the gaze, guarding the private parts, and not stamping the feet. The other three relate to dress. It can also be noted that commands 3 and 5 are actually parts of the same command. Thus there are two basic rules for the dress of the Muslim sister:

A) Not display the adornment except "what is apparent of it" except to the people listed in the ayah.

B) Draw the khimar to cover the jayb.

There are three things that need to be explained in this:

1) What does "what is apparent of it" refer to?

2) What type of garment is the khimar?

3) What is the woman's jayb?

Inshallah, I will deal with each of these questions in turn.

 

What does "what is apparent of it" refer to?

There is a difference of opinion on this, and was even among the Sahaba (rAa). The opinion of Abdullah ibn Masud (rAa) is that "what is apparent of it" refers to the outer surface of the woman's garments. This would not permit any of her body to be seen whatsoever (uncovering one or both eyes is a concession to necessity).

The other opinion is that "what is apparent of it" refers to the face and hands and/or to the decorations that are worn on the face and the hands. This is the opinion of Aisha Umm al-Muminin (rAa), Anas ibn Malik (rAa), Abdullah ibn Abbas (rAa), and Miswar ibn Makhrama (rAa) - these are all Sahaba - and also of Ata (rAa), Qatada (rAa), Sa'id ibn Jubayr (rAa), Mujahid (rAa), al-Dahhak (rAa), and al-Hasan (rAa) - these are all Tabi'un (rAa). Almost every tafsir (commentary on the Quran) will include some if not all of these authorities for this opinion.

Among the commentators themselves, some of the most respected have followed the "face and hands" opinion. Among these are Imam Tabari, Imam Zamakhshari, Imam Fakhr ad-Din Razi, and Imam Qurtubi. Here is what they have written in their own words.

Imam Abu Jafar Tabari
"The strongest and most accurate view is that which says that the exemption refers to the face and the hands. Also included are kohl, rings, bracelets, and makeup. We say that this is the strongest and most accurate opinion because all scholars are unanimous that everyone who needs to pray must cover the awra in his or her salat. A woman may reveal the face and the hands in her salat, while she must cover the rest of her body. What is not awra is not haram to be revealed" from his tafsir of Surah an-Nur ayah 31, this is in Volume 18, pages 118-119 of Jami Bayan Ta'wil al-Qur'an

Imam Abu'l-Qasim Zamakhshari
"Why is the woman permitted to display 'what is apparent of it'? Because to conceal that would cause her inconvenience. A woman is forced to deal in commodities with her hands. She is compelled by genuine need to expose her face especially at the times of giving evidence, litigating in court, and marriage. She is compelled to walk the streets and expose her feet, especially poor women. This is the meaning of 'illa maa zahara min ha', that is, what the situations of ordinary life compel her to expose" from his tafsir of Surah an-Nur ayah 31

Imam Fakhr ad-Din Razi
"Since the showing of the face and hands is necessary, the jurists had no choice but to agree that they are not awra" from his tafsir of Surah an-Nur ayah 31

Imam Abu Abdullah Qurtubi
"Since the normal case is that a woman’s face and hands are revealed by the force of habit and for worship, as this is required in salat and hajj, then it is appropriate to say that the exemption applies to these" from his tafsir of Surah an-Nur ayah 31

From this, we can see that the predominant opinion on the meaning of "what is apparent of it" is that it refers to the face and hands. In the context of the ayah, it means that around non-mahram men, women are allowed to display their faces and their hands. This is the exemption that God has given. Everything else must be covered.

 

What type of garment is the khimar?

In common usage, the words "head" and "face" are distinct. Unless specified otherwise, the word "head" is not taken to refer to the face, but instead refers to the rest of the head, while the word "face" is specially used to designate the face. An example of this is the process of wudu; the Quran and hadiths mention washing the "face" separately from wiping the "head", and we do not again run our hands over the face when we get to the stage of wiping the head. In order to say that the khimar is a garment which covers the face, therefore, it must be specified that it covers the "face". If the khimar just covers the "head" then the general meaning is that it covers the hair. If you think about how we use these words, inshallah you will see that I am correct.

Keeping this in mind, here are some definitions of the khimar and what it means in classical Arabic:

Imam Abu'l-Fida ibn Kathir:
"Khumur is the plural of khimar which means something that covers, and is what is used to cover the head. This is what is known among the people as a khimar."

The dictionary of classical Arabic, Aqrab al-Mawarid:
"[The word khimar refers to] all such pieces of cloth which are used to cover the head. It is a piece of cloth which is used by a woman to cover her head."

Shaykh Muhammad al-Munajjid on Islam Q&A:
"Khimaar comes from the word khamr, the root meaning of which is to cover. For example, the Prophet (peace and blessings of Allaah be upon him) said: “Khammiru aaniyatakum (cover your vessels).” Everything that covers something else is called its khimaar. But in common usage khimaar has come to be used as a name for the garment with which a woman covers her head; in some cases this does not go against the linguistic meaning of khimaar. Some of the fuqahaa’ have defined it as that which covers the head, the temples and the neck. The difference between the hijaab and the khimaar is that the hijaab is something which covers all of a woman’s body, whilst the khimaar in general is something with which a woman covers her head."

Shaykh Muhammad Nasiruddin Albani:
"The word khimaar linguistically means only a head covering. Whenever it is mentioned in general terms, this is what is intended."

Now, in case my argument presented above about "covering the head" versus "covering the face" does not seem convincing, we can also look at what some tafsirs say about the exact meaning of the commandment in Surah an-Nur ayah 31 regarding the khimar:

Imam Abu Abdullah Qurtubi:
"Women in those days used to cover their heads with the khimar, throwing its ends upon their backs. This left the neck and the upper part of the chest bare, along with the ears, in the manner of the Christians. Then God commanded them to cover those parts with the khimar."

Imam Abu'l-Fida ibn Kathir:
"'Draw their khumur to cover their bosoms' means that they should wear the khimar in such a way that they cover their chests so that they will be different from the women of the jahiliyyah who did not do that but would pass in front of men with their chests uncovered and with their necks, forelocks, hair and earrings uncovered."

Both Imam Qurtubi and Imam ibn Kathir are agreed that the women of jahiliyyah (in imitation of the Christian women, according to Imam Qurtubi) used to wear the khimar to cover their hair, but they threw its ends upon their backs. This sloppy way of wearing the khimar exposed the forehead, ears, neck, and upper chest. Subsequently, God ordered them to draw their khimars to cover themselves. It is easy to see how pulling the ends forward again and pulling the khimar tightly around the circle of the face then fastening it at the throat, letting the ends fall downwards, would cover the forehead, ears, neck, and upper chest, as Imam Qurtubi and Imam ibn Kathir have specified. It should also be easy to recognize in this a description of the headscarf of the Muslim sister.

The point is, neither Imam Qurtubi nor Imam ibn Kathir describes that the khimar was to be pulled over the face, even though each specifies a variety of anatomical features of the woman.

This should be strong evidence that the word khimar means HEADSCARF. Its linguistic meaning is a headcovering, not a face veil, and the information provided by both Imam Qurtubi and Imam ibn Kathir clearly shows that the khimar is to be worn as a HEADSCARF not as a face veil.

 

What is the woman's jayb?

Actually, the quotes from Imam Qurtubi and Imam ibn Kathir provide a pretty good explanation of what the jayb is. The usual translation of the term is "bosom". The word "jayb" has also given its name to a certain type of mathematical curve (see The Origin of the Word Sine).

As well, Surah al-Qasas ayah 32 in Arabic reads "Usluk yadaka fii JAYB ka takhrur bayda'a..." which means "Thrust your hand into your chest and it will come out white..." (this is a story about the prophet Musa, alayhi salam).

Shaykh Muhammad Nasiruddin Albani says that the word "jayb" is related to the word "jawb" which refers to something cut out, and he says that in this context it refers to the neckline of the woman's dress.

In any case, all of these definitions clearly point to the bosom, the upper chest, or the neck and upper chest. They certainly do not mean "face" or "entire body"!

 

Summary

Surah an-Nur ayah 31 gives two basic commands in regard to women's dress. The first of these commands is that the Muslim sister shall cover all of her beauty except "what is apparent of it" whenever non-mahram men are present. The majority opinion on the meaning of "what is apparent of it" is the face and hands.

The second command is to draw the khimar to cover the jayb. In classical Arabic, the khimar is the headcovering or headscarf, and the jayb is the bosom or more generally the neck and upper chest. Imam Qurtubi and Imam ibn Kathir have provided a precise description of how the khimar is to be drawn to cover the jayb, and why this was necessary. Neither the word "khimar" nor the word "jayb" has anything to do with the face.

Therefore, the first command (to cover the beauty) contains a specific exemption that the majority of scholars have taken to refer to the face and the hands. And the second command (regarding the wearing of the khimar) does not mandate the covering of the face either.

In conclusion, I feel that there is a very strong case to be made that Surah an-Nur ayah 31 does not make niqab fard, but in fact allows the display of the face and hands.


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"Al-Muhajabah" is an Arabic pseudonym meaning "she who wears Islamic dress".  Visit the author's website here.

 

 

[Md. Fouad Hossain Sarker]

Thanks lot for your efforts.