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).
INTRODUCTION
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.