|

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, the 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, 29:8).
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 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. |