Status of Woman in Islam [Electronic resources] نسخه متنی

Status
of Woman in Islam

THE STATUS OF WOMAN IN ISLAM

By Jamal A.
Badawi

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

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?

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.

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 42:11

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? 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 is completely 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 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 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,
29:8).

Moreover, the Qur'an has a special
recommendation for the good treatment of mothers: "Your Lord has
decreed that you worship none save Him, and that you 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 or 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.

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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