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WOMEN IN ISLAM
Muhammad and his first wife Khadija
Dr. Heba G. Kotb In Islam there is absolutely no difference between men and women as far as their relationship to Allah is concerned, as both are promised the same reward for good conduct and the same punishment for evil conduct. In the Qur’an, Allah says: “And for women are rights over men similar to those of men over women”. (2:226).[Source: “Sexualiy in Islam” by Heba G. Kotb M.D., A dissertation presented to Maimonides University, 2004]
In Islam a woman is a completely independent personality. She can make any contract or bequest in her own name. She is entitled to inherit in her position as mother, as wife, as sister and as daughter. She has perfect liberty to choose her husband. The pagan society of pre-Islamic Arabia had an irrational prejudice against their female children whom they used to bury alive. The Messenger of Allah (PBUH) was totally opposed to this practice. He showed them that supporting their female children would act as a screen for them against the fire of Hell.
The Qur’an admonishes those men who oppress or ill-treat women: “O you who believe! You are forbidden to inherit women against their will. Nor should you treat them with harshness, that you may take away part of the dowry you have given them — except when they have become guilty of open lewdness. On the contrary live with them on a footing of kindness and equity. If you take a dislike to them, it may be that you dislike something and Allah will bring about through it a great deal of good”. (4:19)
The Prophet Muhammad (peace be upon him) was full of praise for virtuous and chaste women. He said: "The world and all things in the world are precious but the most precious thing in the world is a virtuous woman. He once told the future khalif, 'Omar: "Shall I not inform you about the best treasure a man can hoard? It is a virtuous wife who pleases him whenever he looks towards her, and who guards herself when he is absent from her." On other occasions the Prophet said: "The best property a man can have is a remembering tongue (about Allah), a grateful heart and a believing wife who helps him in his faith." And again: "The world, the whole of it, is a commodity and the best of the commodities of the world is a virtuous wife."
Websites and Resources: Islam IslamOnline islamonline.net ; Institute for Social Policy and Understanding ispu.org; Islam.com islam.com ; Islamic City islamicity.com ; BBC article bbc.co.uk/religion/religions/islam ; University of Southern California Compendium of Muslim Texts web.archive.org ; Encyclopædia Britannica article on Islam britannica.com ; Islam at Project Gutenberg gutenberg.org ; Muslims: PBS Frontline documentary pbs.org frontline; Qur’an (Quran, Koran) and Hadith: Quran translation in English alahazrat.net ; Quran in Easy English, Urdu, Arabic and 70 other languages qurango.com ; Quran.com quran.com ; Al-Quran.info al-quran.info; Quranic Arabic Corpus, shows syntax and morphology for each word corpus.quran.com ; Word for Word English Translation – emuslim.com emuslim.com/Quran ; Digitised Qurans in the Cambridge University Digital Library cudl.lib.cam.ac.uk ; Sunnah.com sunnah.com ; Hadith – search by keyword and by narrator ahadith.co.uk
Sunnah in Women
The Sunnahs are the practices and examples drawn from the Prophet Muhammad's life. Along with the Hadiths they are the most important texts in Islam after the Quran. They must adhere to a strict chain of narration that ensures their authenticity, taking into account factors such as the character of people in the chain and continuity in narration. Reports that fail to meet such criteria are disregarded.
One Sunnah on women reads: “The world and all things in it are valuable, but the most valuable thing in the world is a virtuous woman. I have not left any calamity more hurtful to man than woman. A Muslim can not obtain (after righteousness) anything better than a well-disposed, beautiful wife: such a wife as, when ordered by her husband to do anything, obeys; and if her husband look at her, is happy; and if her husband swear by her to do a thing, she does it to make his oath true; and if he be absent from her, she wishes him well in her own person by guarding herself from inchastity, and taketh care of his property. [Source: Charles F. Horne, ed., The Sacred Books and Early Literature of the East, (New York: Parke, Austin, & Lipscomb, 1917), Vol. VI: Medieval Arabia, pp. 11-32]
“Verily the best of women are those who are content with little. Admonish your wives with kindness; for women were created out of a crooked rib of Adam, therefore if ye wish to straighten it, ye will break it; and if ye let it alone, it will be always crooked. Every woman who dieth, and her husband is pleased with her, shall enter into paradise. That which is lawful but disliked by God is divorce.
“A woman may be married by four qualifications: one, on account of her money; another, on account of the nobility of her pedigree; another, on account of her beauty; a fourth, on account of her faith; therefore look out for religious women, but if ye do it from any other consideration, may your hands be rubbed in dirt. A widow shall not be married until she be consulted; nor shall a virgin be married until her consent be asked, whose consent is by her silence. When the Prophet was informed that the people of Persia had made the daughter of Chosroes their queen, he said The tribe that constitutes a woman its ruler will not find redemption.
“Do not prevent your women from coming to the mosque; but their homes are better for them. O assembly of women, give alms, although it be of your gold and silver ornaments; for verily ye are mostly of hell on the day of resurrection. When ye return from a journey and enter your town at night, go not to your houses, so that your wives may have time to comb their disheveled hair.
See Separate Article MUHAMMAD, HIS WIVES AND WOMEN factsanddetails.com
Improvement for Women Made by Islam
Islamic did lighten the burden women bore in pre-Islamic times. It brought significant changes to the seventh-century Arabian family, significantly enhancing the status of women and children. Qur’anic reforms in marriage, divorce, and inheritance sought to protect and enhance the status and rights of women. [Source: John L. Esposito “Worldmark Encyclopedia of Religious Practices”, 2000s, Encyclopedia.com]
Dr. Heba G. Kotb wrote: Before the advent of Islam the pagan Arabs used to bury their female children alive, make women dance naked in the vicinity of the Ka'ba during their annual fairs, and treat women as mere chattels and objects of sexual pleasure possessing no rights or position whatsoever, these teachings of the Noble Qur’an were revolutionary. Unlike other religions, which regarded women as being possessed of inherent sin and wickedness and men as being possessed of inherent virtue and nobility, Islam regards men and women as being of the same essence created from a single soul. The Qur’an declares: “O mankind! Reverence your Guardian-Lord, who created you from a single person, created, of like nature, his mate, and from this pair scattered (like seeds) countless men and women. Reverence Allah, through Whom you demand your mutual (rights), and reverence the wombs (that bore you); for Allah ever watches over you”. (4:1) [Source: “Sexualiy in Islam” by Heba G. Kotb M.D., A dissertation presented to Maimonides University, 2004]
According to the “Worldmark Encyclopedia of Religious Practices”: The Qur’an raised the status of women by prohibiting female infanticide, abolishing women's status as property, establishing their legal capacity, granting women the right to receive their own dowry, changing marriage from a proprietary to a contractual relationship, and allowing women to retain control over their property and use their maiden name after marriage. In addition, the Qur’an granted women financial maintenance from their husbands and controlled the husband's free ability to divorce. The hadith (Prophetic tradition) saying that "The best of you is he who is best to his wife" also reflects Muhammad's respect for, and protection of, women.
In his time, Muhammad wanted to put a stop to all cruelties to women. He preached kindness and mercy towards them and told Muslims: "Fear Allah in respect of women."And: "The best of you are they who behave best to their wives." And: "A Muslim must not hate his wife, and if he be displeased with one bad quality in her, let him be pleased with one that is good." And: "The more civil and kind a Muslim is to his wife, the more perfect in faith he is." [Source: “Sexualiy in Islam” by Heba G. Kotb M.D., A dissertation presented to Maimonides University, 2004]
Women and Men in Islam
Dr. Heba G. Kotb wrote: The Prophet (PBUH) was most emphatic in enjoining upon Muslims to be kind to their women when he delivered his famous “khutba” (Public speech) on the Mount of Mercy at Arafat in the presence of one hundred and twenty-four thousand of his Companions who had gathered there for the Hajj al-Wada (Farewell Pilgrimage). In it he ordered those present, and through them all those Muslims who were to come later, to be respectful and kind towards women. He said: "Fear Allah regarding women. Verily you have married them with the trust of Allah, and made their bodies lawful with the word of Allah. You have got (rights) over them, and they have got (rights) over you in respect of their food and clothing according to your means." [Source: “Sexualiy in Islam” by Heba G. Kotb M.D., A dissertation presented to Maimonides University, 2004]
The Prophet of Islam (PBUH) said, "Women are the twin halves of men." The Qur’an emphasizes the essential unity of men and women in a most beautiful simile: “They (your wives) are your garment and you are a garment for them” (2:187) Just as a garment hides our nakedness, so do husband and wife, by entering into the relationship of marriage, secure each other's chastity. The garment gives comfort to the body; so does the husband find comfort in his wife's company and she in his. "The garment is the grace, the beauty, the embellishment of the body, so too are wives to their husbands as their husbands are to them." Islam does not consider woman "an instrument of the Devil", but rather the Qur’an calls her ‘muhsana’ — a fortress against Satan because a good woman, by marrying a man, helps him keep to the path of rectitude in his life.
It is for this reason that marriage was considered by the Prophet Muhammad (PBUH) as a most virtuous act. He said: "When a man marries, he has completed one half of his religion."He enjoined matrimony on Muslims by saying:"Marriage is part of my way and whoever keeps away from my way is not from me (i.e. is not my follower)”. The Qur’an has given the ‘raison d'être’ (reason of being) of marriage in the following words: And among His signs is this, that He has created for you mates from among yourselves, that you may dwell in tranquillity with them; and He has put love and mercy between you. Verily in that are signs for those who reflect”. (30:21)
Men and Women Customs in the Arab-Muslim World
The Arab world remains male dominated. If a man and a woman are together questions are usually addressed to the man. Males often shake hands and ignore the woman. In the cities, men and women walk together on the streets and mix freely. In some conservative areas this kind of behavior may be frowned upon. In any case, men and women, even husbands and wives, should refrain from public displays of affection—kissing, hugging, holding hands—wherever they are in the Arab and Muslim world.
Men should never touch women, stare at them or even look them directly in the eye. Women are not supposed to look or smile at men who are not their husbands. Men and men, and women and women, hold hand and walk arm and arm. It is frowned upon for women to smoke in public. Some women smoke in their homes.
The customs involving women are often based on local traditions rather than the tenets of Islam. In social situations, in the presence of men, women are expected to behave demurely and not speak unless they are spoken to. Sometimes a woman will stand behind her husband. If the husband is talking with another man, they will completely ignore her. Many social events are men-only affairs
Rules for Women In Conservative Muslim Areas
gender segregation at a McDonald's in Saudi Arabia
Women are expected to respect Islamic and local customs and traditions. Any law or rule that applies to local women should be treated as also applying to foreign women. Western women are treated differently than local women and are cut more slack when it comes to abiding by Islamic customs, but not much.
In Saudi Arabia, women are not supposed to leave home without a male escort, although many do. They can't drive or ride bicycles; they can’t fly without permission from their husbands; and they can not eat in the company of men even in hotel restaurants frequented by foreigners. Some restaurants, shops and fast-food joints won’t even let unaccompanied women in the door.
Women can not travel alone on long distance buses or trains, nor can they check into a hotel by themselves. Foreign women need to travel with a tour group, a man or Saudi friends. Women on their own may be harassed by men, conservative Saudis or the religion police. When asked about marriage, women should say they married even if they not, and have an excuse to explain why their husband isn’t with them. Boyfriends should be treated like husbands. It is also a good idea to wear a “wedding ring” and bring pictures of “your children” (some nephews).
Single woman travelers can sometimes get around with the help of a taxi and driver arranged through a hotel. A good driver can be a real asset for a woman on her own by acting as her escort and helping her do things she is not allowed to do on her own. In public areas, women should avoid having eye contact with men; ignore rude remarks and gestures; and avoid places like crowded markets where men can touch them. Sanitary napkins are widely available. Tampons can be found at supermarkets, pharmacies and hotel shops. Bring along whatever birth control you use.
Quran: "The Women"
The Qur’an, in addressing the believers, often uses the expression,’ believing men and women' to emphasize the equality of men and women in regard to their respective duties, rights, virtues and merits. It says: “For Muslim men and women, for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who fast, for men and women who guard their chastity, and for men and women who engage much in Allah's praise, for them has Allah prepared forgiveness and great reward”(33:35) [Source: “Sexualiy in Islam” by Heba G. Kotb M.D., A dissertation presented to Maimonides University, 2004]
In the name of Allah, the Beneficent, the Merciful: “4.1: O people! be careful of (your duty to) your Lord, Who created you from a single being and created its mate of the same (kind) and spread from these two, many men and women; and be careful of (your duty to) Allah, by Whom you demand one of another (your rights), and (to) the ties of relationship; surely Allah ever watches over you.
“4.3: And if you fear that you cannot act equitably towards orphans, then marry such women as seem good to you, two and three and four; but if you fear that you will not do justice (between them), then (marry) only one or what your right hands possess; this is more proper, that you may not deviate from the right course.
“4.4: And give women their dowries as a free gift, but if they of themselves be pleased to give up to you a portion of it, then eat it with enjoyment and with wholesome result.
“4.7: Men shall have a portion of what the parents and the near relatives leave, and women shall have a portion of what the parents and the near relatives leave, whether there is little or much of it; a stated portion.
Qur'an
“4.12: And you shall have half of what your wives leave if they have no child, but if they have a child, then you shall have a fourth of what they leave after (payment of) any bequest they may have bequeathed or a debt; and they shall have the fourth of what you leave if you have no child, but if you have a child then they shall have the eighth of what you leave after (payment of) a bequest you may have bequeathed or a debt; and if a man or a woman leaves property to be inherited by neither parents nor offspring, and he (or she) has a brother or a sister, then each of them two shall have the sixth, but if they are more than that, they shall be sharers in the third after (payment of) any bequest that may have been bequeathed or a debt that does not harm (others); this is an ordinance from Allah: and Allah is Knowing, Forbearing.
“4.15: And as for those who are guilty of an indecency from among your women, call to witnesses against them four (witnesses) from among you; then if they bear witness confine them to the houses until death takes them away or Allah opens some way for them.
“4.23: Forbidden to you are your mothers and your daughters and your sisters and your paternal aunts and your maternal aunts and brothers' daughters and sisters' daughters and your mothers that have suckled you and your foster-sisters and mothers of your wives and your step-daughters who are in your guardianship, (born) of your wives to whom you have gone in, but if you have not gone in to them, there is no blame on you (in marrying them), and the wives of your sons who are of your own loins and that you should have two sisters together, except what has already passed; surely Allah is Forgiving, Merciful.
“4.25: And whoever among you has not within his power ampleness of means to marry free believing women, then (he may marry) of those whom your right hands possess from among your believing maidens; and Allah knows best your faith: you are (sprung) the one from the other; so marry them with the permission of their masters, and give them their dowries justly, they being chaste, not fornicating, nor receiving paramours; and when they are taken in marriage, then if they are guilty of indecency, they shall suffer half the punishment which is (inflicted) upon free women. This is for him among you who fears falling into evil; and that you abstain is better for you, and Allah is Forgiving, Merciful.
“4.32: And do not covet that by which Allah has made some of you excel others; men shall have the benefit of what they earn and women shall have the benefit of what they earn; and ask Allah of His grace; surely Allah knows all things.
“4.34: Men are the maintainers of women because Allah has made some of them to excel others and because they spend out of their property; the good women are therefore obedient, guarding the unseen as Allah has guarded; and (as to) those on whose part you fear desertion, admonish them, and leave them alone in the sleeping-places and beat them; then if they obey you, do not seek a way against them; surely Allah is High, Great.
“4.124: And whoever does good deeds whether male or female and he (or she) is a believer -- these shall enter the garden, and they shall not be dealt with a jot unjustly.
“4.128: And if a woman fears ill usage or desertion on the part of her husband, there is no blame on them, if they effect a reconciliation between them, and reconciliation is better, and avarice has been made to be present in the (people's) minds; and if you do good (to others) and guard (against evil), then surely Allah is aware of what you do.
“4.130: And if they separate, Allah will render them both free from want out of His ampleness, and Allah is Ample-giving, Wise.
Quran on What Is Expected of Women
Bedouin woman in 1898
“2.222: And they ask you about menstruation. Say: It is a discomfort; therefore keep aloof from the women during the menstrual discharge and do not go near them until they have become clean; then when they have cleansed themselves, go in to them as Allah has commanded you; surely Allah loves those who turn much (to Him), and He loves those who purify themselves.
“2.223: Your wives are a tilth for you, so go into your tilth when you like, and do good beforehand for yourselves, and be careful (of your duty) to Allah, and know that you will meet Him, and give good news to the believers.
“2.228: And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs, if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and Allah is Mighty, Wise.
“2.233: And the mothers should suckle their children for two whole years for him who desires to make complete the time of suckling; and their maintenance and their clothing must be -- borne by the father according to usage; no soul shall have imposed upon it a duty but to the extent of its capacity; neither shall a mother be made to suffer harm on account of her child, nor a father on account of his child, and a similar duty (devolves) on the (father's) heir, but if both desire weaning by mutual consent and counsel, there is no blame on them, and if you wish to engage a wet-nurse for your children, there is no blame on you so long as you pay what you promised for according to usage; and be careful of (your duty to) Allah and know that Allah sees what you do.
“2.234: And (as for) those of you who die and leave wives behind, they should keep themselves in waiting for four months and ten days; then when they have fully attained their term, there is no blame on you for what they do for themselves in a lawful manner; and Allah is aware of what you do.
“2.236: There is no blame on you if you divorce women when you have not touched them or appointed for them a portion, and make provision for them, the wealthy according to his means and the straitened in circumstances according to his means, a provision according to usage; (this is) a duty on the doers of good (to others).
“2.240:And those of you who die and leave wives behind, (make) a bequest in favor of their wives of maintenance for a year without turning (them) out, then if they themselves go away, there is no blame on you for what they do of lawful deeds by themselves, and Allah is Mighty, Wise.
“2.241: And for the divorced women (too) provision (must be made) according to usage; (this is) a duty on those who guard (against evil).
Quran on Hijab
young woman in Iran
According to the BBC: “The Qur'an makes a few references to Muslim clothing, but prefers to point out more general principles of modest dress. “Both men and women are commanded to lower their gaze and "guard their modesty". The most basic interpretation of "guard their modesty" is to cover the private parts, which includes the chest in women ("draw their veils over their bosoms"). However, many scholars interpret this injunction in a more detailed way and use Hadith (recorded sayings of the Prophet Muhammad) to support their views. [Source: BBC, September 3, 2009 |::|]
“Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them: And Allah is well acquainted with all that they do.” — Quran 24:30
“And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands, [a list of relatives], [household servants], or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments. And O ye Believers! turn ye all together towards Allah, that ye may attain Bliss. ) — Quran 24:31
See Separate Article MUSLIM VEILING: HIJAB, NIQAB, HISTORY AND INTERPRETATIONS OF THE QUR'AN factsanddetails.com
Hadiths and Women
Muslim Texts other than the Qur’an include: 1) the “Hadith” , a collection of sayings and deeds of the Prophet (Muhammad); 2) the “sunna” , the body of Islamic social and legal customs based on the Prophet’s response to his revelations; 3) the “ sira” , biographies of the Muhammad; and 4) “ tafsir” and 5) “ tawil” , Qur’anic commentary and explanation. Sometimes all these texts are collectively called as the Hadiths Both the Hadith and Sunnah must adhere to a strict chain of narration that ensures its authenticity, taking into account factors such as the character of people in the chain and continuity in narration. Reports that fail to meet such criteria will be disregarded.”[Source: BBC, July 14, 2011 |::|]
Many of the precepts for appropriate behavior are specified in the Qur’an. Other spiritual and ethical guidelines are found in the hadis (in Arabic, hadith ), an authenticated record of the sayings and actions of Muhammad and his earliest companions. Devout Muslims regard their words, acts, and decisions called collectively the sunna as models to be emulated by later generations. Because of its normative character, the sunna is revered along with the Qur’an as a primary source of seriat (in Arabic, sharia ), or Islamic law. [Source: Library of Congress]
The Hadith provides the basis for much of Islamic law. It contains many laws and rules based on interpretations of the Qur’an. Much of Islamic thought is found in the Hadith partly because the Hadith has traditionally been understood to be a text open to "interpretation. argument and rigorous intellectual inquiry."
The Hadith is a collection of more than 60,000 accounts of Muhammad’s words and actions. They are divided into six revered collections, or “ sahib” , meaning “sound.” The authenticity of some hadiths is still a matter of debate. Those who told the stories, and recorded them, were not always reliable.
Some hadiths with historical contexts are erroneously used to justify modern prohibtions. One that forbids women from traveling alone is used to deny women the right to drive in Saudi Arabia. Gormez said, “This is clearly not a religious injunction but related to security in a specific time and place. In the Qur’an Muhammad laments the days when women could travel alone from Yemen to Mecca.”
Turkey’s Effort to Update the Hadith in Regard to Women
Prof Mehmet Gormez, a senior official in the Department of Religious Affairs and an expert on the Hadith, told the BBC: "There are some messages that ban women from travelling for three days or more without their husband's permission and they are genuine. But this isn't a religious ban. It came about because in the Prophet's time it simply wasn't safe for a woman to travel alone like that. But as time has passed, people have made permanent what was only supposed to be a temporary ban for safety reasons." [Source: Robert Piggott, BBC News, February 26, 2008 /=/]
Robert Piggott of the BBC wrote: “Prof Gormez points out that in another speech, the Prophet said "he longed for the day when a woman might travel long distances alone". So, he argues, it is clear what the Prophet's goal was. Yet, until now, the ban has remained in the text, and helps to restrict the free movement of some Muslim women to this day. /=/
“As part of its aggressive programme of renewal, Turkey has given theological training to 450 women, and appointed them as senior imams called "vaizes". They have been given the task of explaining the original spirit of Islam to remote communities in Turkey's vast interior. One of the women, Hulya Koc, looked out over a sea of headscarves at a town meeting in central Turkey and told the women of the equality, justice and human rights guaranteed by an accurate interpretation of the Qur’an - one guided and confirmed by the revised Hadith. /=/
“She says that, at the moment, Islam is being widely used to justify the violent suppression of women. There are honour killings," she explains. "We hear that some women are being killed when they marry the wrong person or run away with someone they love. "There's also violence against women within families, including sexual harassment by uncles and others. This does not exist in Islam... we have to explain that to them."” /=/
Sharia and Women
Islamic Law, or Sharia, s a set of legal codes based on scriptures from the Qur'an (the Muslim holy book), the Hadith (sayings and conduct of the prophet Muhammad) and fatwas (the rulings of Islamic scholars) — and interpretations of these scriptures by classical Islamic schools of thought. Governing public, private, social, religious and political life of Muslims, the laws are based on the principal that Qur’anic commands are divine and absolute and can not be questioned.
The Qur’an and Muslim law grants women the rights of property, divorce, inheritance, child custody, alimony, education, choosing a husband, divorce, working, engaging in business and entering a profession. Islam also recognizes the right of women to enjoy sex in their marriage and make decisions about contraceptives and family size. Even in conservative Saudi Arabia women are allowed to run businesses, donate land for schools and endow trusts.
The Conversation : The Quran recognizes the absolute equality of men and women as human beings and proclaims that they are each other’s partners in promoting the common good.
Sharia provides women with certain rights that were practically unheard of in the premodern world. It requires that both men and women have equal access to knowledge; it requires a woman’s consent before marriage; and it allows her the right to initiate divorce under certain conditions. Muslim jurists allowed abortion in the first trimester of pregnancy, especially if the mother’s health was in jeopardy. [Source: Asma Afsaruddin, Professor of Islamic Studies and former Chairperson, Department of Near Eastern Languages and Cultures, Indiana University, The Conversation, June 16, 2017]
Above all, Sharia allows a woman to inherit property from her male relatives and to keep this property for herself, even after marriage – her husband cannot lay any claim to it. In contrast, European Christian women were not allowed to hold on to their property after marriage until the 19th century. Muslim feminists campaigning for equal legal rights in Muslim majority societies today draw their arguments and strength from Sharia.
Honor killings and female genital mutilation, often ascribed to Sharia, are in “fact non-Islamic tribal practices that have no basis in Sharia,” writes Afsaruddin. In other words, they are cultural and not religious practices. Female genital mutilation is practiced by non-Muslims as well. [Source: The Conversation, August 31, 2021]
Problems with Sharia and Women
But for many of the things listed above, according to some interpretations of sharia, women need permission of a man. Asifa Quraishi-Landes wrote in the Washington Post: “There is a verse in the Qur’an that holds that men are the “protectors” of women, but many contemporary scholars dispute the notion that this suggests women must obey men or that women are inferior. While it’s true that many majority-Muslim societies have laws that treat women unfairly, many of these laws, like Saudi Arabia’s ban on female drivers, have no basis in fiqh [Islamic rules of right action]. In instances where there is a fiqh origin for modern legislation, that legislation often cherry-picks certain rules, including more woman-affirming interpretations. And on a range of issues, Islam can fairly be described as feminist. Fiqh scholars, for instance, have concluded that women have the right to orgasm during sex and to fight in combat. (Women fought alongside the prophet Muhammad himself.) Fiqh can also be interpreted as pro-choice, with certain scholars positing that although abortion is forbidden, first-trimester abortions are not punishable. [Source: Asifa Quraishi-Landes, Washington Post, June 24, 2016. Asifa Quraishi-Landes is an associate professor at the University of Wisconsin School of Law. ~~]
According to Muslim law males and a women's testimony in court, at least on financial matters, hold's half the weight of a man's testimony. Women have traditionally been barred from courtrooms and had to testify through a special window. According to Muslim law males receive twice as much in inheritance as females. Under the current system daughters inherit half of what sons gets and if a daughters only the only heir a proportion of the money goes to male relatives not the daughters because according to Islamic tradition men are responsible for taking care of their female relatives. Muslim law also says the blood money for a woman is half that of a man.
According to Muslim law, every girl and woman has a guardian — her father, brother, or some male relative — and he makes major decisions about her life. Marriage contracts, for example, are worked out by him and the groom's family and the woman has no say in the matter and must follow the wishes of her guardian. The views towards women are often conveyed as being protective of women and serving their own interests rather than being discriminatory. Where honor or kin group is concerned Muslim law is often protective of women, for example, providing the widest possible limits within which the legitimacy of children born in wedlock are recognized.
Asifa Quraishi-Landes wrote in the Washington Post: ““Fiqh doctrine says a woman’s property, held exclusively in her name, cannot be appropriated by her husband, brother or father. (For centuries, this stood in stark contrast with the property rights of women in Europe.) Muslim women in America are sometimes shocked to find that, even though they were careful to list their assets as separate, those can be considered joint assets after marriage. To be sure, there are patriarchal rules in fiqh, and many of these are legislated in modern Muslim-majority countries. For example, women in Iran can’t run for president or attend men’s soccer matches. But these rules are human interpretations, not sharia.” [Source: Asifa Quraishi-Landes, Washington Post, June 24, 2016. Asifa Quraishi-Landes is an associate professor at the University of Wisconsin School of Law]
Questions about Muslim laws that affect women have traditionally been decided by male clerics. But in some places there are women muftias , overseen by male muftis. One such group ruled that a husband is not obliged to pay his wife's travel expenses if she goes to her parents house without her permission and that trimming one's nails during menstruation is not advisable and decided that the question of whether high heels are allowable required more thought an analysis.
Sharia Versus Western Laws in Regard to Gender
Sharia law has both differences from, and similarities to, the laws of western countries. In many western legal systems, for example, solemnized marital relationships with more than one partner at a time are prohibited and entail criminal liability, while non-solemnized sexual relations are not subject to any legal restrictions. Under Sharia law, the opposite is true. A husband is permitted to have solemnized sexual relationships with up to four wives at the same time, while any non-solemnized sexual relations would subject him to severe criminal punishment. [Source: Issam M. Saliba, Senior Foreign Law Specialist, Library of Congress Law Library, Legal Legal Reports, 2010 |*|]
Some provisions of Sharia law are difficult to reconcile with western concepts of personal freedom and equality between the sexes. A husband, for example, has the right to discipline his wife, prevent her from leaving the house without his permission, and divorce her at will. However, these rights are subject to the implied consent of the wife. If the wife, prior to the conclusion of the marriage contract, wants to alter or limit the rights of the husband or keep the marital relationship monogamous, she has the power to do so by withholding her consent to the marriage contract until her conditions are met and included in the contract. It has been reported that after he made an agreement with his wife to keep the relationship monogamous, the Caliph Al-Mansour wanted to break the agreement and marry another woman. He solicited the advice of the Muslim jurists in his court. The legal advice he received affirmed that he was not permitted to do so under Sharia law. |*|
The fact that women under Sharia law have the legal capacity to own, manage, and dispose of property; to be involved in trade and commerce; and to negotiate and enter into contracts without any interference by their husbands illustrates the compatibility of Sharia law with modern legal concepts. |*|
Image Sources: Wikimedia Commons
Text Sources: Internet Islamic History Sourcebook: sourcebooks.fordham.edu ; Arab News, Jeddah; “Islam, a Short History” by Karen Armstrong; “A History of the Arab Peoples” by Albert Hourani (Faber and Faber, 1991); “World Religions” edited by Geoffrey Parrinder (Facts on File Publications, New York); “Encyclopedia of the World’s Religions” edited by R.C. Zaehner (Barnes & Noble Books, 1959); Metropolitan Museum of Art, Encyclopedia.com, National Geographic, BBC, New York Times, Washington Post, Los Angeles Times, Smithsonian magazine, The Guardian, Al Jazeera, The New Yorker, Time, Newsweek, Reuters, Associated Press, AFP, Library of Congress and various books and other publications.
Last updated April 2024