|
THE STATUS OF WOMAN IN ISLAM
from “Islam in focus”
by
Hammuda Abdul-Ati, PH.D.
The status of woman
in Islam constitutes no problem. The
attitude of the Qur’an and the early
Muslims bear witness to the fact that
woman is, at least, as vital to life as
man himself, and that she is not
inferior to him nor is she one of the
lower species. Had it not been for the
impact of foreign cultures and alien
influences, this question would have
never arisen among the Muslims. The
status of woman was taken for granted to
be equal to that of man. It was a matter
of course, a matter of fact, and no one,
then, considered it as a problem at all.
Equity or equality or
sameness?
In order to
understand what Islam has established
for woman, there is no need to deplore
her plight in the pre-Islamic era or in
the modern would of today. Islam has
given woman rights and privileges which
she has never enjoyed under other
religious or constitutional systems.
This can be understood when the matter
is studied as a whole in a comparative
manner, rather than partially. The
rights and responsibilities of a woman
are equal to those of a man but they are
not necessarily identical with them.
Equality and sameness are two quite
different things. This difference is
understandable because man and woman are
not identical but they are created
equals. With this distinction in mind,
there is no problem. It is almost
impossible to find even two identical
men or women.
This distinction
between equality and sameness is of
paramount importance. Equality is
desirable, just, fair; but sameness is
not. People are not created identical
but they are created equals. With this
distinction in mind, there is no room to
imagine that woman is inferior to man.
There is no ground to assume that she is
less important than he just because her
rights are not identically the same as
his. Had her status been identical with
his, she would have been simply a
duplicate of him, which she is not. The
fact that Islam gives her equal rights -
but not identical -
shows that it takes her into due
consideration, acknowledges her, and
recognizes her independent personality.
The status of woman
in Islam is something unique, something
novel, something that has no
similarity in any other system
It is not the tone of
Islam that brands woman as the product
of the devil or the seed of evil. Nor
does the Qur’an place man as the
dominant lord of woman who has no choice
but to surrender to his dominance. Nor
was it Islam that introduced the
question of whether or not woman has any
soul in her. Never in the history of
Islam has any Muslim doubted the human
status of woman or her possession of
soul and other fine spiritual qualities.
Unlike other popular beliefs, Islam does
not blame Eve alone for the First Sin.
The Qur’an makes it very clear that
both Adam and Eve were tempted; that
they both sinned; that God’s pardon
was granted to both after their
repentance; and that God addressed them
jointly. (2:35-36;7:19, 27; 20:117-123).
In fact the Qur’an gives the
impression that Adam was more to blame
for that First Sin from which emerged
prejudice against woman and suspicion of
her deeds. But Islam does not justify
such prejudice or suspicion because both
Adam and Eve were equally in error, and
if we are to blame Eve we should blame
Adam as much or even more.
The status of woman
in Islam is something unique, something
novel, something that has no similarity
in any other system. If we look even to
the democratic nations, we find that
woman is not really in a happy position.
Her status is not enviable. She has to
work so hard to live, and sometimes she
may be doing the same job that a man
does but her wage is less than his. She
enjoys a kind of liberty which in some
cases amounts to libertinism. To get to
where she is nowadays, woman struggled
hard for decades and centuries. To gain
the right of learning and the freedom of
work and earning, she had to offer
painful sacrifices and give up many of
her natural rights. To establish her
status as a human being possessing a
soul, she paid heavily. Yet in spite of
all these costly sacrifices and painful
struggles, she has not acquired what
Islam has established by a Divine decree
for the Muslim woman.
The rights of woman
of modern times were not granted
voluntarily or out of kindness to the
female. Modern woman reached her present
position by force, and not through
natural processes or mutual consent or
Divine teachings. She had to force her
way, and various circumstances came to
her aid. Shortage of manpower during
wars, pressure of economic needs and
requirements of industrial developments
forced woman to get out of her home -
to work, to learn, to struggle for her
livelihood, to appear as an equal to
man, to run her race in the course of
life side by side with him. She was
forced by circumstances and in turn she
forced herself through and acquired her
new status. Whether all women were
pleased with these circumstances being
on their side, and whether they are
happy and satisfied with the results of
this course is a different matter. But
the fact remains that whatever rights
modern woman enjoys fall short of those
of her Muslim counterpart.
What Islam has
established for woman is that which
suits her nature, gives her full
security and protects her against
disgraceful
circumstances and uncertain channels of
life
What Islam has
established for woman is that which
suits her nature, gives her full
security and protects her against
disgraceful circumstances and uncertain
channels of life. We do not need here to
elaborate on the status of modern woman
and the risks she runs to make her
living or establish herself. We do not
even need to explore the miseries and
setbacks that encircle her as a result
of the so-called rights of woman. Nor do
we intend to manipulate the situation of
many unhappy homes which break because
of the very “freedom” and “rights”
of which modern woman is proud. Most
women today exercise the right of
freedom to go out independently, to work
and earn, to pretend to be equal to man,
but this, sadly enough, is at the
expense of their families. This all
known and obvious. What is not known is
the status of woman in Islam. An attempt
will be made in the following passages
to sum up the attitude of Islam with
regard to woman.
Woman is recognized
by Islam as a full and equal partner of
man in the procreation of humankind. He
is the father; she is the mother, and
both are essential for life. Her role is
not less vital than his. By this
partnership she has an equal share in
every aspect; she is entitled to equal
rights; she undertakes equal
responsibilities, and in her there are
as many qualities and as much humanity
as there are in her partner. To this
equal partnership in the reproduction of
human kind God says:
O mankind! Verily We
have created your from a single (pair)
of a male and a female, and made you
into nations and tribes that you may
know each other... (Qur’an, 49:13; cf.
4:1).
She is equal to man
in bearing personal and common
responsibilities and in receiving
rewards for her deeds. She is
acknowledged as an independent
personality, in possession of human
qualities and worthy of spiritual
aspirations. Her human nature is neither
inferior to nor deviant from that of
man. Both are members of one another.
God says:
And their Lord has
accepted (their prayers) and answered
them (saying): ‘Never will I cause to
be lost the work of any of you, be he
male or female; you are members, one of
another... (3:195; cf 9:71;33:35-36;66:19-21).
She is equal to man
in the pursuit of education and
knowledge. When Islam enjoins the
seeking of knowledge upon Muslims, it
makes no distinction between man and
woman. Almost fourteen centuries ago,
Muhammad declared that the pursuit of
knowledge is incumbent on every Muslim
male and female. This declaration was
very clear and was implemented by
Muslims throughout history.
She is entitled to
freedom of expression as much as man is.
Her sound opinions are taken into
consideration and cannot be disregarded
just because she happen to belong to the
female sex. It is reported in the Qur’an
and history that woman not only
expressed her opinion freely but also
argued and participated in serious
discussions with the Prophet himself as
well as with other Muslim leaders (Qur’an,
58:1-4; 60:10-12). Besides there were
occasions when Muslim women expressed
their views on legislative matters of
public interest, and stood in opposition
to the Caliphs, who then accepted the
sound arguments of these women. A
specific example took place during the Caliphate
of Umar Ibn al-Khattab.
Historical records
show that women participated in public
life with the early Muslims, especially
in times of emergencies. Women used to
accompany the Muslim armies engaged in
battles to nurse the wounded, prepare
supplies, serve the warriors, and so on.
They were not shut behind iron bars or
considered worthless creatures and
deprived of souls.
Islam grants woman
equal rights to contract, to enterprise,
to earn and possess independently. Her
life, her property, her honor are as
sacred as those of man. If she commits
any offense, her penalty is no less or
more than of man’s in a similar case.
If she is wronged or harmed, she gets
due compensations equal to what a man in
her position would get (2:178;4:45,
92-93).
Islam does not state
these rights in a statistical form and
then relax. It has taken all measures to
safeguard them and put them into
practice as integral articles of Faith.
It never tolerates those who are
inclined to prejudice against woman or
discrimination between man and woman.
Time and again, the Qur’an reproaches
those who used to believe woman to be
inferior to man (16:57-59, 62; 42:47-59;
43:15-19; 53:21-23).
Apart from
recognition of woman as an independent
human being acknowledged as equally
essential for the survival of humanity,
Islam has given her a share of
inheritance. Before Islam, she was not
only deprived of that share but was
herself considered as property to be
inherited by man. Out of that
transferable property Islam made an
heir, acknowledging the inherent human
qualifies in woman. Whether she is a
wife or mother, a sister or daughter,
she receives a certain share of the
deceased kin’s property, a share which
depends on her degree of relationship to
the deceased and the number of heirs.
This share is hers, and no one can take
it away or disinherit her. Even if the
deceased wishes to deprive her by making
a will to other relations or in favor of
any other cause, the Law will not allow
him to do so. Any proprietor is
permitted to make his will within the
limit of one-third of his property, so
he may not affect the rights of his
heirs, men and women. In the case of
inheritance, the question of quality and
sameness is fully applicable. In
principle, both man and woman are
equally entitled to inherit the property
of the deceased relations but the
portions they get may vary. In some
instances man receives two shares
whereas woman gets one only. This no
sign of giving preference or supremacy
to man over woman. The reasons why man
gets more in these particular instances
may be classified as follows:
First man, is the
person solely responsible for the
complete maintenance of his wife, his
family and any other needy relations. It
is his duty by Law to assume all
financial responsibilities and maintain
his dependents adequately. It is also
his duty to contribute financially to
all good causes in his society. All
financial burdens are borne by him
alone.
Secondly, in
contrast, woman has no financial
responsibilities whatsoever except very
little of her personal expenses, the
high luxurious things that she likes to
have. She is financially secure and
provided for. If she is a wife, her
husband is the provider; if she is a
mother, it is the son; if she is a
daughter, it is the father; if she is a
sister; it is the brother, and so on. If
she has no relations on whom she can
depend, then there is no question of
inheritance because there is nothing to
inherit and there is no one to bequeath
anything to her. However, she will not
be left to starve, maintenance of such a
woman is the responsibility of the
society as a whole, the state. She may
be given aid or a job to earn her
living, and whatever money she makes
will be hers. She is not responsible for
the maintenance of anybody else besides
herself. If there is a man in her
position, he would still be responsible
for his family and possibly any of his
relations who need his help. So, in the
hardest situation her financial
responsibility is limited, while his is
unlimited.
Thirdly, when a woman
gets less than a man does, she is not
actually deprived of anything that she
has worked for. The property inherited
is not the result of her earning or her
endeavors. It is something coming to
them from a neutral source, something
addition-al or extra. It is something
that neither man or woman struggled for.
It is a sort of aid, and any aid has to
be distributed according to the urgent
needs and responsibilities especially
when the distribution is regulated by
the Law of God.
Now, we have a male
heir, on one side, burdened with all
kinds of financial responsibilities and
liabilities. We have, on the other side,
a female heir with no financial
responsibilities at all or at most with
very little of it. In between we have
some property and aid to redistribute by
way of inheritance. If we deprive the
female completely, it would be unjust to
her because she is related to the
deceased. Likewise, if we always give
her a share equal to the man’s, it
would be unjust to him. So, instead of
doing injustice to either side, Islam
gives the man a larger portion of the
inherited property to help him to meet
his family needs and social
responsibilities. At the same time,
Islam has not forgotten her altogether,
but has given her a portion to satisfy
her very personal needs. In fact, Islam
in this respect is being more kind to
her than to him. Here we can say that
when taken as a whole the rights of
woman are equal to those of man although
not necessarily identical (see Qur’an,
4:11-14, 176).
In some instances of
bearing witness to certain civil
contracts, two men are required or one
man and two women. Again, this is no
indication of the woman being inferior
to man. It is a measure of securing the
rights of the contracting parties,
because woman as a rule, is not so
experienced in practical life as man.
This lack of experience may cause a loss
to any party in a given contract. So the
Law requires that at least two women
should bear witness with one man. if a
woman of the witness forgets something,
the other one would remind her. Or if
she makes an error, due to lack of
experience, the other would help to
correct her. This is a precautionary
measure to guarantee honest transactions
and proper dealings between people. In
fact, it gives woman a role to play in
civil life and helps to establish
justice. At any rate, lack of experience
in civil life does not necessarily mean
that women is inferior to man in her
status. Every human being lacks one
thing or another, yet no one questions
their human status (2:282).
Woman enjoys certain
privileges of which man is deprived. She
is exempt from some religious duties,
i.e., prayers and fasting, in her
regular periods and at times of
confinement. She is exempt from all
financial liabilities. As a mother, she
enjoys more recognition and higher honor
in the sight of God (31:14-15;46:15).
The Prophet acknowledged this honor when
he declared that Paradise is under the
feet of the mothers. She is entitled to
three-fourths of the son’s love and
kindness with one-fourth left for their
father. As a wife she is entitled to
demand of her prospective husband a
suitable dowry that will be her own. She
is entitled to complete provision and
total maintenance by the husband. She
does not have to work or share with her
husband the family expenses. She is free
to retain, after marriage, whatever she
possessed before it, and the husband has
no right whatsoever to any of her
belongings. As a daughter or sister she
is entitled to security and provision by
the father and brother respectively.
That is her privilege. If she wishes to
work or be self-supporting and
participate in handling the family
responsibilities, she is quite free to
do so, provided her integrity and honor
are safeguarded.
The standing of woman
in prayers behind man does not indicate
in any sense that she is inferior to
him. Woman, as already mentioned, is
exempt from attending congregational
prayers which are obligatory on man. But
if she does attend she stands in
separate lines made up of women
exclusively . This is a regulation of
discipline in prayers, and not a
classification of importance. In men’s
rows the head of state stands shoulder
to shoulder to the pauper. Men of the
highest ranks in society stand in prayer
side by side with other men of the
lowest ranks. The order of lines in
prayers is introduced to help every one
to concentrate in his meditation. It is
very important because Muslim prayers
are not simply chanting or the
sing-a-song type. They involve actions,
motions, standing, bowing, prostration,
etc. So if men mix with women in the
same lines, it is possible that
something disturbing or distracting may
happen. The mind will become occupied by
something alien to prayer and derailed
from the clear path of mediation. The
result will be a loss of the purpose of
prayers, besides an offense of adultery
committed by the eye, because the eye-by
looking at forbidden things - can be
guilty of adultery as much as the heart
itself. Moreover, no Muslim man or woman
is allowed during prayers to touch the
body of another person of the opposite
sex. If men and women stand side by side
in prayer they cannot avoid touching
each other. Furthermore, when a woman is
praying in front of a man or beside him,
it is very likely that any part of her
dressed body may become uncovered after
a certain motion of bowing or
prostrating. The man’s eye may happen
to be looking at the uncovered part,
with the result that she will be
embarrassed and he will be exposed to
distraction or possibly evil thoughts.
So, to avoid any embarrassment and
distraction to help concentrate on
mediation and pure thoughts, to maintain
harmony and order among worshippers, to
fulfill the true purposes of prayers,
Islam has ordained the organization of
rows, whereby men stand in front lines,
and women behind the children. Anyone
with some knowledge of the nature and
purpose of Muslim prayers can readily
understand the wisdom of organizing the
lines of worshippers in this manner.
The Muslim woman is
always associated with an old tradition
known as the “veil”. It is Islamic
that the woman should beautify herself
with the veil of honor, dignity,
chastity, purity and integrity. She
should refrain from all deeds and
gestures that might stir the passions of
people other than her legitimate husband
or cause evil suspicion of her morality.
She is warned not to display her charms
or expose her physical attractions
before strangers. The veil which she
must put on is one that can save her
soul from weakness, her mind from
indulgence, her eyes from lustful looks,
and her personality from demoralization.
Islam is most concerned with the
integrity of woman, with the
safeguarding of her morals and morale
and with the protection of her character
and personality (cf. Qur’an,
24:30-31).
By now it is clear
that the status of woman in Islam is unprecedentedly
high and realistically
suitable to her nature. Her rights and
duties are equal to those of man but not
necessarily or absolutely identical with
them. If she is deprived of one thing in
some aspect, she is fully compensated
for it with more things in many other
aspects. The fact that she belongs to
the female sex has no bearing on her
human status or independent personality,
and it is no basis for justification of
prejudice against her or injustice to
her person. Islam gives her as much as
is required of her. Her rights match
beautifully with her duties. The balance
between rights and duties is maintained,
and no side overweighs the other. The
whole status of woman is given clearly
in the Qur’anic verse which may be
translated as follows:
And women shall have
rights similar to the rights against
them, according to what is equitable;
but man have a degree (of advantage as
in some cases of inheritance) over them
(2:228).
This degree is not a
title of supremacy or an authorization
of dominance over her. It is to
correspond with the extra
responsibilities of man and give him
some compensation for his unlimited
liabilities. The above mentioned verse
is always interpreted in the light of
another (4:34).
It is these extra
responsibilities that give man a degree
over woman in some economic aspects. It
is not a higher degree in humanity or in
character. Nor is it a dominance of one
over the other or suppression of one by
the other. It is a distribution of God’s
abundance according to the needs of the
nature of which God is the Maker. And He
knows best what is good for woman and
what is good for man. God is absolutely
true when He declares:
Mankind! reverence
your Guardian-Lord, Who created you from
a single person, and created of like
nature his mate, and from them twain
scattered (like seeds) countless men and
women (4:1).
|
|