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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, at times, by some Muslims as well. The predominant local cultural practices in different parts of the world and the actions of some Muslims tend to reinforce erroneous perceptions of the Islamic perspective. These problems are enhanced by the tendency to treat some juristic interpretations as if they were identical with the Qur’an and
Sunnah. When writing or speaking about the Islamic position on any issue, one ought to clearly differentiate between the normative teachings of Islam and the diversity of cultural practices prevalent among its adherents that may or may not be consistent with those teachings. This article is intended to provide a brief and authentic overview of what Islam stands for with regard to the status and rights of Muslim women.
The teachings of Islam are based on the Qur'an (The recorded Word of Allah, or "God", Himself dictated verbatim to Prophet Muhammad through Angel Gabriel) and the authentic Sunnah (explanations and exemplification by the Prophet
[PBUH]). The Qur’an and Sunnah, properly and unbiasedly understood, provide the basic source of authentication for any position, view or cultural practice which may be attributed to Islam. They serve also as the criteria to evaluate such views or practices. Following is a brief review of what the Qur’an and Sunnah teach on the gender equity issue. The term “equity” implies justice and balance of the totality of rights and responsibilities of both genders, not necessarily identity of each and every right and responsibility. Complimentarity of the roles of both genders is an undeniable biological and physical fact. It applies as well to fair and necessary role differentiation that is consistent with the particularity of God’s gifts to each gender, a divine design to make both genders dependent on each other. The spiritual and human foundation of gender relations, however, is more accurately described in terms of equality. This issue is discussed next.
I. Foundations of Spiritual and Human Equity
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According to the Qur'an, men and women have the same human spiritual nature: "O humankind, be mindful your Lord, who created you from one soul and created (of like nature) from it its mate and dispersed from both of them multitudes of men and women …"
(Qur'an 4:1, see also 7:189, 42:11, 16:72, 32:9 and 15:29).
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Allah has invested both genders with inherent dignity and has made men and women, collectively, the trustees of Allah on earth
(Qur'an 17:70 and 2:30).
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The Qur'an 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 Qur'an 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
(Qur'an 2:36 and 7:19 - 27). In one verse in fact (Qur'an 20:121), Adam specifically was blamed. The Qur'an also esteems pregnancy and childbirth as key reasons for the love and respect due to mothers from their children
(Qur'an 31:14 and 46:15).
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Men and women have the same religious and moral duties and responsibilities, and both get the same reward. 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..."
(Qur'an 3: 195, see also 74:38, 16:97, 4:124, 33:35 and 57:12).
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The Qur'an 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
(Qur'an 49:13).
Building upon the full spiritual and human equality, we now examine areas of equity form the economic, social and political perspectives.
II. The Economic Aspect
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The Right to Possess Personal Property:
Islam decreed a right of which women have been deprived both before Islam and after it (even as late as this past century), the right of independent ownership. The Shari`ah (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.
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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 Qur'an lays down in the laws of inheritance, which afford the male, in most cases, twice the inheritance of a female. Males inherit more but ultimately they are financially responsible for their female relatives: their wives, daughters, mothers and sisters, and in some cases other needy relatives. 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 in Pre-Islamic society, women themselves were sometimes objects of inheritance (see Qura'n 4:19).
In some western countries, even after the advent of Islam, the whole estate of the deceased was given to the eldest son. The
Qur’an, 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: "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, a mandatory share."
(Qur’an 4:7).
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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, emotionally stable, and carefully reared child. Such a noble and vital role, which largely shapes the future of families and 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 where women excel and may serve crucial social needs. Examples of these professions are nursing, teaching (especially children), medicine, and social and charitable work. Moreover, there is no restriction on benefiting from women's exceptional talents in any field. Some early jurists, such as
Abu-Hanifah and Al-Tabari, uphold that a qualified Muslim woman may be appointed to the position of a judge. Other jurists hold different opinions. Yet, no jurist is able to point to an explicit text in the Qur'an or Sunnah that categorically excludes women from any lawful type of employment. Omar, the second caliph after Prophet Muhammad, appointed a woman (Um
Al-Shifaa' bint Abdullah) as the marketplace supervisor, a position that is equivalent in our world to "Director of the consumer protection department."
III. The Social Aspect
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As a Daughter:
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The Qur’an ended the cruel Pre-Islamic practice of female infanticide,
wa'd: "And when the girl [who was] buried alive is asked, for what sin she was killed."
(Qur’an 81:8-9).
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The Qur’an went further to rebuke the unwelcoming attitude of some parents upon hearing the news of the birth of a baby girl, instead of a baby boy: "And when one of them is informed of [the birth of] a female, his face becomes dark, and he suppresses grief. He hides himself from the people because of the ill of which he has been informed. Should he keep it in humiliation or bury it in the ground? Unquestionably, evil is what they decide."
(Qur’an 16:58-59).
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Parents are duty-bound to support and show kindness and justice to their daughters. Prophet Muhammad said: "Whosoever has a daughter and does not bury her alive, does not humiliate her, and does not favor his son over her, Allah will enter him into Paradise;" and "Whosoever supports two daughters until they mature, he and I will come on the day of judgment as this (and he pointed with his two fingers held together)."
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A crucial aspect in the upbringing of daughters that greatly influences their future is education. Education is not only a right but also a responsibility for all males and females. Prophet Muhammad said: "Seeking knowledge is mandatory for every
Moslim." The word "Muslim" here is inclusive of both males and females.
(5) Islam neither requires nor encourages female circumcision. And while some Muslims maybe practice it in certain parts of Africa, it is also practiced by other peoples, including Christians, in those places, a reflection merely of the Pre-Islamic local customs and practices there.
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As a wife:
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Marriage in Islam is based on mutual peace, love and compassion, and not just the mere satisfying of human sexual desire. Among the most impressive verses in the Qur’an about marriage is the following: "And of His signs is: that He created for you from yourselves mates that you may find tranquility in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought."
(Qur’an 30:21, see also 42:11 and 2:228).
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The female has the right to accept or reject marriage proposals. According to Islamic Law, women cannot be forced to marry anyone without their consent.
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The husband is responsible for the maintenance, protection, and overall leadership
(qiwamah) of the family, within the framework of consultation (Qur'an 2:233) and kindness
(Qur'an 4:l9). The mutuality and complementarity of husband and wife does not mean "subservience" by either party to the other. Prophet Muhammad instructed Muslims regarding women: "I commend you to be kind to women;" and "The best of you is the best to his family (wife);" and "It is the generous (in character) who is good to women, and it is the wicked who humiliates them."
The Qur'an urges husbands to be kind and considerate to their wives, even if a wife falls out of favor with her husband or disinclination for her arises within him: "...And live with them in kindness. For if you dislike them - perhaps you dislike a thing and Allah makes therein much good."
(Qur'an 4:l9). It also outlawed the Pre-Islamic Arabian practice whereby the stepson of the deceased father was allowed to take possession of (inherit) his father's widow (stepmother), as if they were part of the estate of the deceased (see Qur'an 4:19).
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Should marital disputes arise, the Qur’an encourages couples to resolve them privately in a spirit of fairness and probity. Under no circumstances does the Qur’an encourage, allow, or condone family violence or physical abuse. In extreme cases, and whenever greater harm, such as divorce, is a likely option, it allows for a husband to administer a gentle pat to his wife that causes no physical harm to the body nor leaves any sort of mark. It may serve, in some cases, to bring to the wife's attention the seriousness of her continued unreasonable behavior (refraction), and may be resorted to only after exhausting other steps outlined in the Qur’an in 4:34. If that mild measure is not likely to prevent a marriage from collapsing, as a last measure, it should not be resorted to.
Indeed, the Qur’an outlines an enlightened step and wise approach for the husband and wife to resolve persistent conflict in their marital life: In the event that dispute cannot be resolved equitably between husband and wife, the Qur’an prescribes mediation between the parties through family intervention on behalf of both spouses (see Qur’an 4:35). The Prophet never resorted to that exceptional measure himself and even said that “the best of you” will never resort to that. It should be remembered that the Qur’an clearly stated that marital relations should be based on peace, love and compassion.
(Qur’an 30:22)
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Divorce is a last resort, permissible but not encouraged, for the Qur’an esteems the preservation of faith and the individual's right -male and female alike- to felicity. Forms of marriage dissolution include an enactment based upon mutual agreement, the husband's initiative, the wife's initiative (if part of her marital contract), the court's decision on a wife's initiative (for a legitimate reason), and the wife's initiative without a "cause," provided that she returns her marital gift to her husband
(khul`, or divestiture).
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: "And when you divorce women and they have fulfilled their term (waiting period), either keep them in kindness or release them in kindness, and do not keep them, intending harm, to transgress [against them]."
(Qur’an 2:231, see also 2:229 and 33:49).
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Priority for the custody of young children (up to the age of about seven) is given to the mother. A child may later choose the mother or father as his or her custodian. Custody questions are to be settled in a manner that balances the interests of both parents, the well being of the child and society at large.
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Associating polygyny [polygamy] with Islam, as if it were introduced by it or as if it were the norm according to its teachings, is one of the most persistent myths perpetuated in Western literature and media. Polygyny existed in almost all nations and was even sanctioned by Judaism and Christianity until recent centuries (see for example, Edward Westermarck’s History of Human Marriage). In fact, most Biblical prophets practiced
polygyny. Islam did not outlaw polygyny, as did many peoples and religious communities; rather, it regulated and restricted it. It is neither required nor encouraged, but simply permitted with conditions.
Spirit of law, including timing of revelation, is to deal with individual and collective contingencies that may arise from time to time (e.g., imbalances between the number of males and females created by wars) and to provide a moral, practical and humane solution for the problems of widows and orphans (see Qur’an 4:3). All parties involved have options: reject marriage proposals, seek divorce or ask for
"Khul`."
c) As a mother:
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The Qur’an elevates kindness to parents (especially mothers) to a status second only to the worship of Allah: "And your Lord has decreed that you not worship except Him, and to parents, kind treatment. Whether one or both of them reach old age [while] with you, say not to them [so much as],
"uff," (an expression of disapproval or irritation) and do not repel them but speak to them a noble word…"
(Qur’an 17:23-24, see also 31:14, 46:15 and 29:8).
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Naturally, Prophet Muhammad specified this behavior for his followers, rendering to mothers an unequalled status in human relationships. When asked by a man "Who is most worthy of kindness”, the Prophet answered, three times “ your mother”, only in the fourth time did he say “and your father!”
d) As a Sister in Faith (Generally):
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According to Prophet Muhammad's saying (Hadeeth), "women are but sisters
(shaqa'iq, or twin halves) of men." This Hadeeth is a profound statement that directly relates to the issue of human equality between the genders. If the first meaning of shaqa'iq is adopted, it means that a male is worth one half (of society), with the female worth the other half. If the second meaning, "sisters," is adopted, it implies the same. The term "sister" is different from "slave" or "master."
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Prophet Muhammad taught kindness, care and respect toward women in general:
"I commend you to be kind to women". It is significant that such instruction of the Prophet was among his final instructions and reminders in the "farewell pilgrimage" address given shortly before his passing away.
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Modesty and social interaction:
The parameters of proper modesty for males and females (dress and behavior) are based on revelatory sources (the Qur’an and authentic
Sunnah) and, as such, are regarded by believing men and women as divinely-based injunctions and guidelines with legitimate aims and divine wisdom behind them. They are not supposed to be male-imposed or socially- imposed restrictions.
IV. The Legal and Political Aspect
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Equality
before the Law:
Both genders are entitled to equality before the Law and courts of Law. Justice is genderless
(Qur’an 5:38, 24:2 and 5:45). Women do possess an independent legal entity in financial and other matters.
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Testimony:
A common but erroneous belief is that as a "rule," the worth of women's testimony is one half of men's testimony. A survey of all passages in the Qur’an relating to testimony does not substantiate this claimed "rule." Variation of number of witnesses in court appears in the Qur’an in the context of financial contracts only (see Qur’an 2:282) and to ascertain accuracy in a given setting where women may not be exposed to or experienced in commercial matters. Judge may use discretion needed to ascertain justice. Testimony of men and women are fully equated in the Qur’an in 24:6-9.
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Participation in Social and Political Life:
The general rule in social and political life is participation and collaboration of males and females in public affairs (see Qur’an 9:71). There is sufficient historical evidence of participation by Muslim women in the choice of rulers, in public issues, in Law making, in administrative positions, in scholarship and teaching, and even in the battlefield. Such involvement in social and political affairs was conducted without the participants' losing sight of the complementary priorities of both genders and without violating Islamic guidelines of modesty and virtue.
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Women in leadership positions:
There is no text in the Qur’an or Sunnah that precludes women from any position of leadership, political or otherwise, except in leading Islamic prayer (however, women may lead other women in prayer), possibly due to the format of prayer, involving prostrations and close proximity. Another common question relates to the eligibility of Muslim women to be heads of state. There is no evidence from the Qur’an to preclude women from headship of state. Some Hadeeth are commonly interpreted by most scholars to exclude women from the headship of state. Other scholars do not agree with that interpretation. The issue, however, is not a creedal matter e.g., the late Islamic scholar Al- Mawdudi supported the candidacy of Lady Fatimah Jinah for President of Pakistan, considering her to be a better choice as compared to the other [male] candidate.
CONCLUSION
Emphasis in this article is placed on the original and authentic sources of Islam. They represent the standards according to which the degree of adherence of Muslims can be judged. It is also a fact that during the downward cycle of Muslim Civilization, such teachings were not strictly adhered to by many people who professed 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
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The history of Muslims is rich with women of great achievements in all walks of life from as early as the seventh century
(C.E.)
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It is impossible for anyone to justify any mistreatment of woman by any decree or rule embodied in the Qur’an and authentic
Sunnah, nor could anyone dare to cancel, reduce, or distort the clear-cut legal rights of women given in these two primary sources.
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Throughout history, the reputation, chastity and maternal role of Muslim women were objects of admiration by impartial observers.
When assessing the realities of Muslims, the Western media often overlook the numerous positive aspects in Muslim societies. They include family stability and cohesiveness, the respect and adoration of mothers, and the sense of self-fulfillment of women who may not be frequently seen in public. In the meantime, painting a stereotypical picture of Muslim women, as ignorant, submissive, oppressed and almost totally enslaved by women-hating chauvinist men is neither fair nor accurate.
It is worthwhile to state that the status, which non-Muslim 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 especially 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 and fairness.
For Muslims, demonstrates the Divine origin of the Qur’an and the truthfulness of the final messenger of Allah. Islam, unlike human philosophies and ideologies, was far from proceeding, uncritically, from its human environments. Rather, It is a message that established such humane and equitable and balanced principles that neither grew obsolete in the course of time, 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.
For More Information on Islam visit:
1- www.WhyIslam.org
2- www.islam-guide.com
3- www.unn.ac.uk/societies/islamic
4- www.beconvinced.com
5- www.islamzine.com
6- www.islamworld.net
7- www.Islamonline.com
8- www.discoverislam.com
For the author’s tapes and some written material on gender [and other] issue, visit:
1. www.Islamicity.com/multimedia/Radio/Ra200
2. www.google.com and type “Gender Equity in Islam” in the search window
August/September
2003
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