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RIGHTS OF WOMAN IN ISLAM By: Sharif Amin Feb. 17, 2005 The status of women in society is not a new issue nor is it a fully settled one. The position of Islam on this issue is among the subjects presented to Westerners with the least objectivity. The Qur'an and the Hadeeth, properly and unbiased understood, provide the basic source of authentication for any position or view, which is attributed to Islam. As Muslims, we understand that violence and coercion used, as a tool of control in the home is oppression and NOT accepted in Islam. Prophet Mohamed (peace be upon him) said in reference to women, “I recommend that you treat women with goodness. The best of you are those who treat their wives the best”. “Treat your women well and be kind to them for they are your partners and committed helpers." From the last sermon of Prophet Mohammed. Marriage in the Islamic context is a means of tranquility, protection, peace and comfort. Abuse of any kind is in conflict to the principles of Islamic marriage. Any justification of abuse is in opposition to what Allah has revealed and the example of Prophet Mohamed. This writing 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 in terms 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 precede 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). 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). 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 forbids this custom, and considers it a crime like any other murder. "And when the female (infant) buried alive, it 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, besides 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 is 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. 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 come 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 without resorting to the court, if the nuptial contract allows that. 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).
"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."
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 (incapable) 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). 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 sustain her family out of such properties or her income after marriage. She is entitled to the "Mahr" which she receives from her husband at the time of marriage. If she is divorced, she may get alimony from her ex-husband.
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 Qur'an and in Islamic history we find examples of women who participated in serious discussions and even argued 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." 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 that does not coincide with the instinctive nature of women. CONCLUSION: In this writing 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, many people who profess to be Muslims did not strictly adhere to such teachings. Such deviations were unfairly exaggerated by some writers, or were taken to represent the teachings of "Islam" to the Western readers. Such deviations were not obtained from the original sources through unbiased study. Above and beyond such deviations three facts stand out: 1. The history of Muslims is rich with women of great achievements in all walks of life from as early as the seventh century. 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 note that the status, women have attained in recent times, 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 the part of women when society needed her contribution and work, especially during the two world wars, and because of 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. This demonstrates the divine origin of the Qur'an and the truthfulness of the message of Islam, which, unlike human philosophies and ideologies, that will never become obsolete. 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. By: Sharif Amin Email: sharifamin@hotmail.com ________________________________________________________ Sharif Amin , Assists Survivors of Torture and War Trauma Advocate for the Victims of Domestic Violence and Human Rights abuses Denver, CO. USA .
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