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Women in Islam (part 1 of 2)

  
Description: The status of woman and gender equity in Islam.
By Mostafa Malaekah
Published on 19 Jan 2009 - Last modified on 18 Oct 2009
Viewed: 19567 (daily average: 9) - Rating: 4.4 out of 5 - Rated by: 12
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Category: Articles > Current Issues > Women

Introduction

The issue of gender equity is important, relevant, and current.  Debates and writings on the subject are increasing and are diverse in their perspectives.  The Islamic perspective on the issue is the least understood and most misrepresented by non-Muslims and some Muslims as well.  This article is intended to provide a brief and authentic exposition of what Islam stands for in this regard.

Women in Ancient Civilizations

In order to truly understand the status women have been given through Islam, one must compare it with other systems of law that exist today and that existed in the past.

(1)  The Indian System: It is stated in the Encyclopedia Britannica, 1911: “In India, subjection was a cardinal principle.  Day and night must women be held by their protectors in a state of dependence says Manu.  The rule of inheritance was agnatic, that is descent traced through males to the exclusion of females.”  In Hindu scriptures, the description of a good wife is as follows: “a woman whose mind, speech and body are kept in subjection, acquires high renown in this world, and, in the next, the same abode with her husband.” (Mace, Marriage East and West).

(2)  The Greek System: In Athens, women were not better off than either the Indian or the Roman women: “Athenian women were always minors, subject to some male - to their father, to their brother, or to some of their male kin.” (Allen, E. A., History of Civilization).  Her consent in marriage was not generally thought to be necessary and “she was obliged to submit to the wishes of her parents, and receive from them her husband and her lord, even though he were stranger to her.” (Previous Source)

(3)  The Roman System: A Roman wife was described by a historian as: “a babe, a minor, a ward, a person incapable of doing or acting anything according to her own individual taste, a person continually under the tutelage and guardianship of her husband.” (Previous Source).  In The Encyclopedia Britannica, 1911, we find a summary of the legal status of women in the Roman civilization: “In Roman Law a woman was even in historic times completely dependent.  If married she and her property passed into the power of her husband . . . the wife was the purchased property of her husband, and like a slave acquired only for his benefit.  A woman could not exercise any civil or public office . . . could not be a witness, surety, tutor, or curator; she could not adopt or be adopted, or make will or contract.”

(4)  The Scandinavian System: Among the Scandinavian races women were: “under perpetual tutelage, whether married or unmarried.  As late as the Code of Christian V, at the end of the 17th Century, it was enacted that if a woman married without the consent of her tutor he might have, if he wished, administration and usufruct of her goods during her life.” (The Encyclopedia Britannica, 1911).

(5)  The British System: In Britain, the right of married women to own property was not recognized until the late 19th Century, “By a series of acts starting with the Married Women’s Property Act in 1870, amended in 1882 and 1887, married women achieved the right to own property and to enter into contracts on a par with spinsters, widows, and divorcees.” (Encyclopedia Britannica, 1968).  In France, it was not until 1938 that the French Law was amended so as to recognize the eligibility of women to contract.  A married woman, however, was still required to secure her husband’s permission before she could dispense with her private property.

(6)  In the Mosaic (Jewish) Law: The wife was betrothed.  Explaining this concept, the Encyclopedia Biblica, 1902, states: “To betroth a wife to oneself meant simply to acquire possession of her by payment of the purchase money; the betrothed is a girl for whom the purchase money has been paid.”  From the legal point of view, the consent of the girl was not necessary for the validation of her marriage. “The girl’s consent is unnecessary and the need for it is nowhere suggested in the Law.” (Previous Source).  As to the right of divorce, we read in the Encyclopedia Biblica: “The woman being man’s property, his right to divorce her follows as a matter of course.”  The right to divorce was held only by man, The Encyclopedia Britannica, 1911, states: “In the Mosaic Law divorce was a privilege of the husband only...”

(7)  The Christian Church: the position of the Christian Church until recent centuries seems to have been influenced by both the Mosaic Law and by the streams of thought that were dominant in its contemporary cultures.  In their book, Marriage East and West, David and Vera Mace wrote: “Let no one suppose, either, that our Christian heritage is free of such slighting judgments.  It would be hard to find anywhere a collection of more degrading references to the female sex than the early Church Fathers provide.  Lecky, the famous historian, speaks of ‘these fierce incentives which form so conspicuous and so grotesque a portion of the writing of the Fathers . . . woman was represented as the door of hell, as the mother of all human ills.  She should be ashamed at the very thought that she is a woman.  She should live in continual penance on account of the curses she has brought upon the world.  She should be ashamed of her dress, for it is the memorial of her fall.  She should be especially ashamed of her beauty, for it is the most potent instrument of the devil.’  One of the most scathing of these attacks on woman is that of Tertullian: ‘Do you know that you are each an Eve?  The sentence of God on this sex of yours lives in this age; the guilt must of necessity live too.  You are the devil’s gateway; you are the unsealer of that forbidden tree; you are the first deserters of the divine law; you are she who persuades him whom the devil was not valiant enough to attack.’  Not only did the church affirm the inferior status of woman, it deprived her of legal rights she had previously enjoyed.”

Foundations of Spiritual and Human Equity in Islam

In the midst of the darkness that engulfed the world, the divine revelation echoed in the wide desert of Arabia in the seventh Century with a fresh, noble, and universal message to humanity, described below.

(1)  According to the Holy Quran, men and women have the same human spiritual nature:

“O mankind, fear your Lord, who created you from one soul and created from it its mate and dispersed from both of them many men and women...” (Quran 4:1, see also 7:189, 42:11, 16:72, 32:9, and 15:29)

(2)  God has invested both genders with inherent dignity and has made men and women, collectively the trustees of God on earth (see the Quran 17:70 and 2:30).

(3)  The Quran does not blame woman for the “fall of man,” nor does it view pregnancy and childbirth as punishments for “eating from the forbidden tree.”  On the contrary, the Quran depicts Adam and Eve as equally responsible for their sin in the Garden, never singling out Eve for blame.  Both repented, and both were forgiven (see the Quran 2:36-37 and 7:19-27).  In fact, in one verse (Quran 20:121) Adam specifically was blamed.  The Quran also esteems pregnancy and childbirth as sufficient reasons for the love and respect due to mothers from their children (Quran 31:14 and 46:15).

(4)  Men and women have the same religious and moral duties and responsibilities.  Each human being shall face the consequences of his or her deeds:

“And their Lord responded to them (saying): Never will I allow to be lost the work of (any) worker among you, whether male or female; you are of one another...” (Quran 3:195, see also 74:38, 16:97, 4:124, 33:35, and 57:12)

(5)  The Quran is quite clear about the issue of the claimed superiority or inferiority of any human, male or female.  The sole basis for superiority of any person over another is piety and righteousness not gender, color, or nationality (see the Quran 49:13).

The Economic Aspect of Women in Islam

(1)  The Right to Possess Personal Property: 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.  The Islamic Law recognizes the full property rights of women before and after marriage.  They may buy, sell, or lease any or all of their properties at will.  For this reason, Muslim women may keep (and in fact they have traditionally kept) their maiden names after marriage, an indication of their independent property rights as legal entities.

(2)  Financial Security and Inheritance Laws: Financial security is assured for women.  They are entitled to receive marital gifts without limit and to keep present and future properties and income for their own security, even after marriage.  No married woman is required to spend any amount at all from her property and income on the household.  The woman is entitled also to full financial support during marriage and during the “waiting period” (iddah) in case of divorce or widowhood.  Some jurists require, in addition, one year’s support for divorce and widowhood (or until they remarry, if remarriage takes place before the year is over).  A woman who bears a child in marriage is entitled to child support from the child’s father.  Generally, a Muslim woman is guaranteed support in all stages of her life, as a daughter, wife, mother, or sister.  The financial advantages accorded to women and not to men in marriage and in family have a social counterpart in the provisions that the Quran lays down in the laws of inheritance, which afford the male, in most cases, twice the inheritance of a female.  Males do not always inherit more; at times a woman inherits more than a man. In instances where the men inherit more they ultimately are financially responsible for their female relatives: their wives, daughters, mothers, and sisters.  Females inherit less but retain their share for investment and financial security, without any legal obligation to spend any part of it, even for their own sustenance (food, clothing, housing, medication, etc).  It should be noted that before Islam, women themselves were sometimes objects of inheritance (see the Quran 4:19).  In some western countries, even after the advent of Islam, the whole estate of the deceased was given to his/her eldest son.  The Quran, however, made it clear that both men and women are entitled to a specified share of the estate of their deceased parents or close relatives.  God has said:

“For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much, an obligatory share.” (Quran 4:7)

(3)  Employment: 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 her 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 child.  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 that forbids women from seeking employment whenever there is a necessity for it, especially in positions which fit her nature best and in which society needs her most.  Examples of these professions are nursing, teaching (especially children), medicine, and social and charitable work.

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