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 Quran (God's revelation)
and Hadith (elaboration by Prophet Muhammad).
The Quran and the Hadith, properly and
unbiasedly understood, provide the basic source of authentication for
any position or view which is attributed to Islam.
The paper starts with a brief survey of
the status of women in the pre-Islamic era. It then focuses on these
major questions: What is the position of Islam regarding the status of
woman in society? How similar or different is 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?
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 Quranic decrees
concerning the status of woman, a few Biblical decrees may shed more
light on the subject, thus providing a better basis for an impartial
evaluation. In the Mosaic Law, the wife was betrothed. Explaining this
concept, the Encyclopedia Biblical states: "To betroth a wife to oneself
meant simply to acquire possession of her by payment of the purchase
money; the betrothed is a girl for whom the purchase money has been
paid." From the legal point of view, the consent of the girl was not
necessary 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 Biblical: "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 Son of God had to die). Not
only did the church affirm the inferior status of woman, it deprived her
of legal rights she had previously enjoyed.
III. WOMAN IN ISLAM
In the midst of the darkness that
engulfed the world, the divine revelation echoed in the wide desert of
Arabia with a fresh, noble, and universal message to humanity:
"O Mankind, keep your duty to your Lord
who created you from a single soul and from it created its mate (of same
kind) and from them twain has spread a multitude of men and women...".
[Noble Quran 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 Quran states:
"He (God) it is who did create you from a
single soul and therefrom did create his mate, that he might dwell with
her (in love)..." [Noble Quran 7:189]
"The Creator of heavens and earth: He has made for you pairs from among yourselves" [Noble Quran 42:11]
"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?" [Noble Quran 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 Quran provides clear-cut evidence
that woman is completely equated with man in the sight of God in terms
of her rights and responsibilities. The Quran states:
"Every soul will be (held) in pledge for its deeds" [Noble Quran 74:38]
It also states:
"...So their Lord accepted their prayers,
(saying): I will not suffer to be lost the work of any of you whether
male or female. You proceed one from another..." [Noble Quran 3:195]
"Whoever works righteousness, man or
woman, and has faith, verily to him will We give a new life that is good
and pure, and We will bestow on such their reward according to their
actions." [Noble Quran 16:97, see also 4:124]
Woman according to the Quran is not
blamed for Adam's first mistake. Both were jointly wrong in their
disobedience to God, both repented, and both were forgiven. [Noble Quran
2:36, 7:20-24]
In one verse in fact [20:121], Adam specifically, was blamed.
In terms of religious obligations, such
as the Daily Prayers, Fasting, Poor-due, and Pilgrimage, woman is no
different from man. In some cases indeed, woman has certain advantages
over man. For example, the woman is exempted from the daily prayers and
from fasting during her menstrual periods and forty days after
childbirth. She is also exempted from fasting during her pregnancy and
when she is nursing her baby if there is any threat to her health or her
baby's. If the missed fasting is obligatory (during the month of
Ramadan), she can make up for the missed days whenever she can. She does
not have to make up for the prayers missed for any of the above
reasons. Although women can and did go into the mosque during the days
of the Prophet (peace and blessings be upon him) and thereafter
attendance at 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 Quran forbade this custom,
and considered it a crime like any other murder.
"And when the female (infant) buried alive - is questioned, for what crime she was killed." [Noble Quran 81:8-9]
Criticizing the attitudes of such parents who reject their female children, the Quran states:
"When news is brought to one of them, of
(the Birth of) a female (child), his face darkens and he 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?" [Noble Quran 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 (peace and
blessings be upon him) 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 Hadith deals in like manner with one who supports two sisters. [Ibn-Hanbal, No. 2104]
The right of females to seek knowledge is
not different from that of males. Prophet Muhammad (peace and blessings
be upon him) said:
"Seeking knowledge is mandatory for every Muslim". [Al-Bayhaqi]
Muslim as used here including both males and females.
b) As a wife:
The Quran clearly indicates that marriage
is sharing between the two halves of the society, and that its
objectives, besides perpetuating human life, are emotional well-being
and spiritual harmony. Its bases are love and mercy.
Among the most impressive verses in the Quran about marriage is the following.
"And among His signs is this: That He
created mates for you from yourselves that you may find rest, peace of
mind in them, and He ordained between you love and mercy. Lo, herein
indeed are signs for people who reflect." [Noble Quran 30:21]
According to Islamic Law, women cannot be forced to marry anyone without their consent.
Ibn 'Abbas reported that a girl came to
the Messenger of God, Muhammad (peace and blessings be upon him), and
she reported that her father had forced 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 Majah, No. 1873]
Besides all other provisions for her
protection at the time of marriage, it was specifically decreed that
woman has the full right to her Mahr, a marriage gift, which is
presented to her by her husband and is included in the nuptial contract,
and 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 Quran thus states:
"...And they (women) have rights similar to those (of men) over them, and men are a degree above them." [Noble Quran 2:228]
Such degree is Quiwama (maintenance and
protection). This refers 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 Quran gives us an example:
"...If they (husband wife) desire to wean
the child by mutual consent and (after) consultation, there is no blame
on them..." [Noble Quran 2:233]
Over and above her basic rights as a wife
comes the right which is emphasized by the Quran and is strongly
recommended by the Prophet (peace and blessings be upon him); kind
treatment and companionship.
The Quran states:
"...But consort with them in kindness,
for if you hate them it may happen that you hate a thing wherein God has
placed much good." [Noble Quran 4:19]
Prophet Muhammad (peace and blessings be upon him) said:
"The best of you is the best to his family and I am the best among you to my family."
The most perfect believers are the best in conduct and best of you are those who are best 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 Quran 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)..." [Noble Quran 2:231]
[See also Quran 2:229 and 33:49]
c) As a mother:
Islam considered kindness to parents next to the worship of God.
"And we have enjoined upon man (to be
good) to his parents: His mother bears him in weakness upon weakness..."
[Noble Quran 31:14] [See also Quran 46:15, 29:8]
Moreover, the Quran has a special recommendation for the good treatment of mothers:
"Your Lord has decreed that you worship none save Him, and that you be kind to your parents..." [Noble Quran 17:23]
A man came to Prophet Muhammad (peace and blessings be upon him) asking:
O Messenger of God, who among the people
is the most worthy of my good company? The Prophet (peace and blessings
be upon him) said, Your mother. The man said then who else: The Prophet
(peace and blessings be upon him) said, Your mother. The man asked, Then
who else? The Prophet (peace and blessings be upon him) said, Your
mother. The man asked, Then who else? Only then did the Prophet (peace
and blessings be upon him) say, Your father. [Al-Bukhari and Muslim]
A famous saying of the Prophet (peace and
blessings be upon him) is: "Paradise is at the feet of mothers." [In
An-Nasa'i, Ibn Majah, Ahmad]
"It is the generous (in character) who is good to women, and it is the wicked who insults them."
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-Hanifah and At-Tabari 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." [Noble Quran 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 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 Quran and in Islamic
history we find examples of women who participated in serious
discussions and argued even with the Prophet (peace and blessings be
upon him) himself (see the Noble Quran 58:14 and 60:10-12).
During the Caliphate of 'Umar 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
'Umar is wrong."
Although not mentioned in the Quran, one
Hadith of the Prophet is interpreted to make woman ineligible for the
position of head of state. The Hadith 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 a 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.
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 Quran 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 professed 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:
The history of Muslims is rich with women of great achievements in all walks of life from as early as the seventh century (A.D.)
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.
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 especially 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 Quran 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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