THE STATUS OF WOMAN IN ISLAM
by Jamal A. Badawi
CONTENTS
PREFACE
INTRODUCTION
HISTORICAL PERSPECTIVES
- Women in Ancient Civilization
WOMEN IN ISLAM
- 1. The Spiritual Aspect
- 2. The Social Aspect
- (a) As a Child and Adolescent
- (b) As a Wife
- (c) As a Mother
- 3. The Economic Aspect
- 4. The political Aspect
CONCLUSION
BIBLIOGRAPHY
PREFACE
Family, society and ultimately the whole of mankind is
treated by Islam on an ethical basis. Differentiation in sex
is neither a credit nor a drawback for the sexes. Therefore,
when we talk about status of woman in Islam it should not
lead us to think that Islam has no specific guidelines,
limitations, responsibilities and obligations for men. What
makes one valuable and respectable in the eyes of Allah, the
Creator of mankind and the universe, is neither one's
prosperity, position, intelligence, physical strength nor
beauty, but only one's Allah-consciousness and awareness
(taqwa). However, since in the Western culture and in
cultures influenced by it, there exists a disparity between
men and women there is more need for stating Islam's
position on important issues in a clear way.
Dr. Jamal Badawi's essay, The Status of Women in Islam,
was originally published in our quarterly journal,
Al-lttihad, Vol. 8, No. 2, Sha'ban 1391/Sept 1971. Since
then it has been one of our most-demanded publications. We
thank Br. Jamal for permitting us to reprint his essay. We
hope it will clarify many of the misconceptions.
Anis Ahmad,
Director Dept. of Education and Training
MSA of U.S. and Canada
P.O. Box 38 Plainfield, IN 46168 USA
Jumada al Thani 1400 April 1980
I. INTRODUCTION
The 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 PERSPECTIVES
One 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 Civilization
Describing 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 ISLAM
In 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 1
And 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 16:72
The 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 Aspect
The 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 Aspect
a) As a child and an adolescent
Despite 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 Aspect
Islam decreed a right of which woman was deprived both
before Islam and after it (even as late as this century),
the right of independent ownership. According to Islamic
Law, woman's right to her money, real estate, or other
properties is fully acknowledged. This right undergoes no
change whether she is single or married. She retains her
full rights to buy, sell, mortgage or lease any or all her
properties. It is nowhere suggested in the Law that a woman
is a minor 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 Aspect
Any 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. CONCLUSION
The 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.
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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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