هبة العدوي
عضو سوبر
 |  موضوع: Women in Islam- المرأة في الإسلام  الجمعة ديسمبر 28, 2012 1:53 am | |
| Women
in Islam I. INTRODUCTIONThe status of women in society is neither a new issue nor is it a fully
settled one.The position of Islam on this issue has been among the subjects
presented to the Western reader with the least objectivity.This paper is intended to provide a brief and authentic exposition of
what Islam stands for in this regard. The teachings of Islam are based
essentially on the Qur'an (God's revelation) and Hadeeth (elaboration by
Prophet Muhammad).The Qur'an and the Hadeeth, properly and unbiasedly understood, provide
the basic source of authentication for any position or view which is attributed
to Islam.The paper starts with a brief survey of the status of women in the
pre-Islamic era. It then focuses on these major questions: What is the position
of Islam regarding the status of woman in society? How similar or different is
that position from "the spirit of the time," which was dominant when
Islam was revealed? How would this compare with the "rights" which
were finally gained by woman in recent decades? II. HISTORICAL PERSPECTIVESOne major objective of this paper is to provide a fair evaluation of
what Islam contributed (or failed to contribute) toward the restoration of
woman's dignity and rights. In order to achieve this objective, it may be
useful to review briefly how women were treated in general in previous
civilizations and religions, especially those which preceded Islam (Pre-610 C.E.). Part of the
information provided here, however, describes the status of woman as late as
the nineteenth century, more than twelve centuries after Islam.
Women in Ancient CivilizationDescribing the status of the Indian woman, Encyclopedia Britannica
states: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."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.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."A Roman wife was described by an 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."In the Encyclopedia Britannica, 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. 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.According to the English Common Law:...all real property which a wife held at the time of a marriage became
a possession of her husband. He was entitled to the rent from the land and to
any profit which might be made from operating the estate during the joint life
of the spouses. As time passed, the English courts devised means to forbid a
husband's transferring real property without the consent of his wife, but he
still retained the right to manage it and to receive the money which it
produced. As to a wife's personal property, the husband's power was complete.
He had the right to spend it as he saw fit.Only by the late nineteenth Century did the situation start to improve.
"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 contracts on a par with spinsters, widows, and
divorcees." As late as the Nineteenth Century an authority in ancient law,
Sir Henry Maine, wrote: "No society which preserves any tincture of
Christian institutions is likely to restore to married women the personal
liberty conferred on them by the Middle Roman Law."In his essay The Subjection of Women, John Stuart Mill wrote:We are continually told that civilization and Christianity have
restored to the woman her just rights. Meanwhile the wife is the actual
bondservant of her husband; no less so, as far as the legal obligation goes,
than slaves commonly so called.Before moving on to the Qur'anic decrees concerning the status of
woman, a few Biblical decrees may shed more light on the subject, thus
providing a better basis for an impartial evaluation. In the Mosaic Law, the
wife was betrothed. Explaining this concept, the Encyclopedia Biblica 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."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. "In the
Mosaic Law divorce was a privilege of the husband only .... "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. You destroyed so easily God's image, man. On
account of your desert - that is death - even the Sop of God had to die). Not
only did the church affirm the inferior status of woman, it deprived her of
legal rights she had previously enjoyed. III. WOMAN IN ISLAMIn 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, them 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 1And 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 16:72The 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 AspectThe 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 Aspecta) As a child and an adolescentDespite 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 AspectIslam 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 AspectAny 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. IV. CONCLUSIONThe first part of this paper deals briefly with the position of various
religions and cultures on the issue under investigation. Part of this
exposition extends to cover the general trend as late as the nineteenth
century, nearly 1300 years after the Qur'an set forth the Islamic teachings.In the second part of the paper, 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, such teachings were not strictly
adhered to by many people who profess to be Muslims.Such deviations were unfairly exaggerated by some writers, and the
worst of this, were superficially taken to represent the teachings of
"Islam" to the Western reader without taking the trouble to make any
original and unbiased study of the authentic sources of these teachings.Even with such deviations three facts are worth mentioning:1. The history of Muslims is rich with women of great achievements in
all walks of life from as early as the seventh century (B.C.)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 state that the status which women reached
during the present era 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 woman's part and only when society needed her contribution and work, more
especial!; during the two world wars, and due to 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.If this indicates anything, it would demonstrate the divine origin of
the Qur'an and the truthfulness of the message of Islam, which, unlike human
philosophies and ideologies, was far from proceeding from its human
environment, a message which established such humane principles as neither grew
obsolete during the course of time and after these many centuries, nor can
become obsolete in the future. 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. BIBLIOGRAPHYThe Holy, Qur'an: Translation of verses is heavily based on A. Yusuf
Ali's translation, The Glorious Qur'an, text translation, and Commentary, The
American Trust Publication, Plainfield, IN 46168, 1979.Abd Al-Ati, Hammudah, Islam in Focus, The American Trust Publications,
Plainfield, IN 46168, 1977.Allen, E. A., History of Civilization, General Publishing House,
Cincinnati, Ohio, 1889, Vol. 3.Al Siba'i, Mustafa, Al-Alar'ah Baynal Fiqh Walqanoon (in Arabic), 2nd.
ea., Al-Maktabah Al-Arabiah, Halab, Syria, 1966.El-Khouli, Al-Bahiy, "Min Usus Kadiat Al-Mara'ah" (in
Arabic), A 1- Waay A l-lslami, Ministry of Walcf, Kuwait, Vol.3 (No. 27), June
9, 1967, p.17.Encyclopedia Americana (International Edition), American Corp., N.Y.,
1969, Vol.29.Encyclopedia Biblica (Rev.T.K.Cheynene and J.S.Black, editors), The
Macmillan Co., London, England, 1902, Vol.3.The Encyclopedia Britannica, (11 th ed.), University Press Cambridge,
England, 191 1, Vol.28.Encyclopedia Britannica, The Encyclopedia Britannica, Inc., Chicago,
III., 1968, Vol.23.Hadeeth. Most of the quoted Hadeeth were translated by the writer. They
are quoted in various Arabic sources. Some of them, however, were translated
directly from the original sources. Among the sources checked are Musnad Ahmad
Ibn Hanbal Dar AlMa'aref, Cairo, U.A.R., 1950, and 1955, Vol.4 and
3,SunanIbnMajah, Dar Ihya'a Al-Kutub al-Arabiah, Cairo, U.A.R., 1952, Vol.l,
Sunan al-Tirimidhi, Vol.3.Mace, David and Vera, Marriage: East and West, Dolphin Books, Doubleday
and Co., Inc., N.Y., 1960 | |
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