Women rights in Islam ( women in Islam )

Women rights in Islam ( women in Islam )

& Refutation of some Common

Misconceptions

By:

Dr. Abdul-Rahman Al-Sheha

Translated by:

Abu Salman Deya ud-Deen Eberle

Preface

All praise is due to Allah the Exalted. May Allah exalt the mention of His Prophet and his household and render them safe from every derogatory thing. I believe that I cannot present any new information on the issues related to women's rights and the place of women in Islam. Therefore I have attempted to collect, arrange and summarize some of the relevant information on this subject and present it for the benefit of the reader.I hope and pray for guidance from Allah the Exalted that I am successful in reaching my goals.

It is a great injustice to accuse Islam of wrongdoing and oppression to women when there are many statements of the revealed book of Allah, the Qur'an, and of the teachings of the Prophet (Peace be upon Him) which negate and disprove this false slander. Allah, the Exalted, says:

(O Mankind! We have created you from a male and a female, and made you into nations and tr ibes, that you may know one another. Verily, the most honorable of you in the Sight of Allah is the believer who hasTaqwa (piety and righteousness). Verily, Allah is All-Knowing, All-Aware)

[49:13]

Allah, the Exalted, also says:

(And among His Signs is that He created for you wives from among yourselves, that you may find peace and repose in them, and He has put between you affection and mercy. Verily, in that are indeed signs for people who reflect)

[30:21]

The Prophet (Peace be upon Him) said:

"Verily women are the twin halves of men."

[Abu Dawood #234 , Tirmidhi #113 & others]

Introduction

Various calls for women's freedom, liberation and equal rights have been heard all over the world, and many slogans have been coined for the marches. In some societies women have indeed lived under oppression, cruelty and injustice, and have been denied basic rights of humanity. Nor is it denied that some Muslims have deviated from the Islamic principles and teachings. Islamic law, on the other hand, has collected women's rights in a comprehensive and balanced system of human rights and obligations. Close examination of the slogans propagated by the international women's liberation movements show that they revolve around three elements: women's liberation, equal rights with men and women's rights. We will examine them in the light of Islamic law and teachings, regardless of the practices of some of the ignorant and deviant Muslims.

Firstly, the word "liberation" indicates that there are shackles, bonds and restrictions in place, and secondly, that women are enslaved and must be liberated. This is ambiguous and misleading since absolute liberty is impossible, regardless of whether they are men or women. Mankind is naturally restricted by the limitations of innate limited abilities, and necessities of social organization. Both men and women must live in a social environment under certain laws, rules and regulations that govern and organize the various affairs of life. Does that mean that man is not free and independent in his actions, or that he is clear from the responsibility of his deeds? Can anyone be free of natural limits and legal restrictions? If they are slaves, then the question becomes, to whom? Any so called freedom and liberty has natural and legal limits, which, if exceeded, will lead to destructive activities that all recognize as indecent, uncivilized and criminal.

Islamic law decreed that both men and women seek freedom and liberation from idolatry, tyranny, exploitation and injustice. The divinely revealed principles and laws teach and advocate strict monotheism, justice and noble morality. Within this framework men and women have inter-dependent and complementary roles. Islamic law granted women the right to deal in many affairs within the society directly, rather than dealing via a guardian. Women in Islam are officially responsible and in charge of running all their affairs whether economical, social or otherwise, as in many societies. For her protection and maintenance, her father, brother, uncle and husband - the stronger sex - are obligated and legally bound to guard her honor and maintain her sustenance and proper living circumstances according to their abilities, throughout the stages of her life. Is this demeaning her position, or elevating it? Islam has forbidden men and women equally from being indecent publicly, and this translates differently for the two sexes for natural reasons. All must protect virtue in private, and guard themselves in public.

Islamic law protects women from intimidation and molestation, and this demands that no one of either gender commit acts that are sexually provocative or enticing to the other. For this reason Islamic law requires modest clothing for her protection when going out of the home, and prohibits open ended free intermingling, and any type of physical touching of the other sex. Islam illustrates the concept of freedom and liberty in such a way that individual behavior must not be harmful to the individual or destructive to the society at large, as graphically illustrated in the words of the Messenger of Allah (Peace be upon Him) when he said in an authentic tradition:

"The example of a person who observes the laws of Allah and the person who violates them are examples of two groups of people who gathered on a ship and decided to divide their places. One group received the upper deck as their lot, while the other group received the lower part of the ship. Whenever the people in the lower part needed water they had to pass through the people on the upper deck. The people in the lower part thought to themselves:'If we drill a hole in our portion of the ship, we can have access to the water without disturbing the party on the upper deck.' If the group on the upper deck allows them execute their plan, all the people will be destroyed, and if they forbid them from doing so, they all will be safe"

[Bukhari #2361 & others]

A well-known German thinker and philosopher, Schopenhauer said:

"Grant woman total and absolute freedom and liberty for ONE YEAR ONLY, and check with me after that to see the results of such freedom. Do not forget that you (all), along with me, will inherit virtues, chastity and good morals. If I die (before then) you are free to say either: "He was wrong!"or "He hit the heart of the truth!"

An American female reporter, Helesian Stansbery, who is syndicated in over 250 newspapers, worked in the area of journalism and broadcasting for over 20 years, and visited numerous Muslim countries had this to say at the end of one of her visits to a Muslim country:

"The Arab-Islamic society is wholesome and healthy. This society must continue to protect its traditions that restrict both its males and females to a certain and reasonable degree. This society definitely differs from the European and American societies. The Arab-Islamic society has its own traditions that impose certain restrictions and limitations on women and give special respect and status to parents... First and foremost, the most strict restrictions and limitations are on absolute sexual freedom that truly threatens both the society and the family in Europe and the United States of America. Therefore, the restrictions that are imposed by the Arab-Islamic society are valid and beneficial as well. I strongly recommend that you adhere to your traditions and code of ethics. Forbid coeducation. Restrict female freedom, or rather, return back to the full 'purdah' (veiling) practices. Truly this is better for you than the sexual freedom of Europe and the United States of America. Forbid coeducation because we have suffered from it in the USA.

The American society has become sophisticated, full of all forms and terms of sexual freedom. The victims of sexual freedom and coeducation are filling the prisons, sidewalks, bars, taverns and whorehouses. The (false) freedom that we have granted to our young females and daughters has turned them to drugs, crime and white slavery. Coeducation, sexual freedom and all other types of "freedom" in the European and American societies have threatened the family and shaken moral values and ethics."

The question that poses itself to women's liberation advocates is: What is the truly the best, most beneficial and most protective system for the preservation of the honor, dignity and protection of women?

Demands for Women's Rights

Women worldwide demand equal rights. There is not a system of law that preserves, maintains and protects what are truly women's rights, as much as Islamic law does, whether in the past or in modern times. This will be verified and substantiated in the following sections of the book.

Sir Hamilton, the well-known English thinker and philosopher, stated in his book on Islam and Arab Civilization:

"The rules, regulations and verdicts concerning women in Islam are clear, frank and open. Islam capitalizes on the complete care that should be given to the protection of a woman against anything that may harm her personally, or cause ill-fame to her reputation or character."

Gustave Le Bon, the well-known French thinker stated in his book "The Arab Civilization":

"Islamic virtuous deeds are not limited to honoring and respecting women, but rather, we can add that Islam is the first religion to honor and respect women. We can easily prove this by illustrating that all religions and nations, prior to the advent of Islam, caused much harm and insult to women."

[p.488]

He also points out:

"Matrimonial rights which have been stated and illustrated in the Glorious Qur'an and by the interpreters of the meanings of the Glorious Qur'an are far better than European matrimonial rights for both husband and wife."

[p.497]

Over fourteen hundred years ago, Islam began to spread to the known world from Makkah, and then Madinah, where the Prophet of Allah, Muhammad bin Abdullah (Peace be upon Him) taught his message. Islam spread its light through the teachings of the revealed scriptures of the Glorious Book of Allah, the Qur'an, and the inspired traditions of the Sunnah (Way) of Prophet (Peace be upon Him) which are the undisputed basis of the Islamic law. The Islamic teachings and system of law had a profound impact on the lives of the followers of Islam, and consequently, this impact affected the societies in the lands where Muslims traveled and settled. Islam spread very rapidly in an astounding manner in the known world and left a comprehensive system of life that addresses every human need.

Islam does not contradict, clash with or reject any of the lawful, sound and meaningful requirements of the human being's existence, which are essential to his continuity in life.In order to understand changes that Islam brought for women, we must examine briefly the status of women prior to the advent of Islam in the Arab society and other civilizations in the world.

Women in the Pre-Islamic Societies and Civilizations

Women suffered great injustices in the pagan Arab society and were exposed to diverse kinds of humiliation prior to the mission of the Messenger of Allah (Peace be upon Him). They were treated like material property to be disposed of at the whim of the male guardian. They were not entitled to inherit from their parents or husbands. Arabs believed inheritance should only be granted to those who had martial abilities, like being able to ride a horse, fight, gain war booties and help protect the tribe and clan territory.

Since women in the pagan Arab society did not generally have these qualities, they were themselves inherited like any moveable commodity after the death of an indebted husband. If the deceased husband had adult sons from other marriages, the oldest son amongst them had the right to add her to his household, just as a son inherits other chattels of his deceased father. She was unable to leave the house of her stepson unless she paid a ransom. As a general practice, men had the freedom to acquire as many wives as they desired with no set limits. There was no system of law and justice that would forbid a man from committing any injustice towards his wives. Women had no right to choose, or even consent to being chosen as a partner for marriage; they were simply given away. Women were forbidden to remarry if a husband divorced them.

In the pre-Islamic era of Arabia, fathers commonly became extremely angry and disgraced with the birth of a female child into their family. Some considered it an evil omen. Allah, the Exalted, describes the father's reception of the news about the birth of a daughter:

(When the news of (the birth of) a female is brought to any of them, his face becomes dark, and he is filled with inward grief! He hides himself from the people because of the evil (and shame) of that which he has been informed. Shall he keep her with dishonor, or bury her in the dirt? Certainly, evil is their decision...)

[16:59]

Women were not even able to practice some of the most natural of rights. For instance eating certain types of foods was allowed only for males. Allah, the Exalted, records this in the Glorious Qur'an:

(And they say: What is in the bellies of such cattle (whether milk or fetus) is for the male alone, and forbidden from our females, however, if it was born dead, then all have shares therein...)

[6:139]

The hatred of female babies prompted Arabs to bury them alive. Allah, the Exalted, states in the Glorious Qur'an with reference to the Day of Requital:

(And when the female buried alive shall be questioned: for what sin was she killed?)

[81:8-9]

Some fathers used to bury their female children alive if the child was leprous, lame or with birth defect. Allah (The Almighty) states in the Glorious Qur'an:

(And kill not your children for fear of poverty. We provide for them and you. Surely, the killing of them is a great sin.)

[17:31]

The one honor afforded to women during the pre-Islamic era was the protection of her person, family and tribe, and the revenge against any who humiliated or dishonored her, but even this was more for male pride, dignity and tribal honor than a concern for the female gender.

This situation of women in the Arab society led Umar ibn al-Khattab, the second Caliph of the Muslims (may Allah exalt their mention) to say, as reported by Muslim:

"By Allah, we didn't use to think that women had anything until Allah revealed about them what He revealed in the Qur'an, and distributed to them what He distributed..."

[Bukhari #4629 & Muslim #31]

Status of women in Indian society

In Indian society women were treated generally as maids or slaves as if they had no will or desire of their own. They had to follow their husbands in all matters. Women were given as payment for loss to a gambling opponent. To show devotion, they were forced to burn themselves alive by jumping onto the funeral pyre of their husbands after their death. This practice, called "sutti" continued until the end of the 17th century when this custom was outlawed in spite of the dismay it caused the Hindu religious leaders. Although outlawed formally, "sutti" was widely practiced until the end of 19th century and still continues in some of the remote areas of India.

In certain regions of India, women are offered to the priests as concubines, or as prostitutes to be exploited. In others, they were sacrificed to the Hindu gods to please them or seek rain. Some Hindu laws even declare that: "The predestined patience, the blowing wind or tornadoes, death, hellfire, poison, snakes and fire are no less evil than women". It is also stated in Hindu religious books, that "When Manna [the Hindu god of creation] created women he imposed onto them the love of bed, seats, decoration [make-up], filthy lust (of all types and kinds), anger, rebellion against honor and dignity and evil attitudes, behavior and conduct".

In the teachings of Manna Herma Sistra concerning women, one can read:

"A woman may live without a choice regardless of whether she is a little girl, a young lady or a mature woman. A young girl is under the command and choice of her father. A married woman is under the command and choice of her husband. A widow is under the command and choice of her male children, and she may never become independent (after the death of her husband). A widow may never remarry after the death of her husband, but rather, she must neglect all that she likes in terms of food, clothes, and makeup until she dies. A woman may not own or possess anything, as whatever she may gain or acquire shall go straight and immediately to the ownership of her husband".

Refer to 'Hindu Inter-caste Marriage in India", Chapter 3 [Forms of Marriage] part 2 [Polyandry], by Haripada Chakraborti.

In some rare cases, a woman had several husbands at the same time.(1) No doubt this made her as a prostitute in society.

1.         Refer to 'Hindu Inter-caste Marriage in India, & Chapter 3 [Forms of Marriage] part 2 [Polyandry], by Haripada Chakraborti.

Status of Women in Chinese Society

Women in Chinese society occupied a low and degraded status. They were customarily assigned the most despised and least important jobs and positions. The male child was looked upon as a "gift" from the gods, and treated accordingly. As for the female child, she had to endure multiple hardships, like the binding of her feet in order to cripple her from running and other customs. A Chinese proverb says:

"Listen to your wife, but never believe what she says."

The status of women in the Chinese society was not much better than that of the pagan pre-Islamic Arab and the Indian societies.

Women in Greek Society

Among the Greeks, women were degraded to the extent that men claimed that women were nothing but the epitome of evil. There was no system to protect women in that society. They were deprived of the rights to education; bought and sold like any other commodity; deprived of the right of inheritance; and considered as minors with no rights to make any transactions regard to possessions and wealth. Women were subjected to the will of men throughout their lives. Divorce was an absolute right of men. The common situation of women in the society led some Greek thinkers to say:

"Woman's name must be locked up in the house, as it is the case with her body."

Gustave Le Bon, the French thinker, stated about the status of women in the Greek society in his book "Arab Civilization":

"Greeks, in general, considered women to be the lowest creatures of the low. They were useful for nothing other than reproduction and taking care of the household affairs. If a woman gave birth to an 'ugly, retarded or handicapped' child, the man could take the liberty to kill the (unwanted or undesirable) child".

Demosthenes, the well-known Greek orator and thinker said:

"We Greek men enjoy the company of prostitutes for sexual pleasure; 'girl-friends' and 'sweet-hearts', to care of our daily needs, and we marry to get 'legitimate' children".

From this licentious double standard, and depraved morality, we can see what fortune women had in such a society based on the statement issued by one of their top rank, well-known thinkers.

Woman in Roman Society

A woman in Roman society was also looked upon as an inferior being that could not run her own affairs. All authority was in the hands of men who totally dominated all private and public affairs. Men even had the authority to sentence their wives to death in certain cases when accused of specific crimes. The authority of man over woman in the Roman society included the right to sell her, punish her with tortuous punishments, send her into exile or kill her. The woman in Roman society had to listen to and obey all commands given by the man. And they were deprived of the right of inheritance.

Status of women in Jewish Society

Women in traditional Jewish society were not more fortunate than those previously described.

In the Old Testament women were described as follows: "I applied mine heart to know and to search, and to seek out wisdom, and the reason of things, and to know the wickedness of folly, even of foolishness and madness: And I find more bitter than death the woman, whose heart snares and nets, and her hands as bands...

[Ecclesiastes(7:25-26)]

In the Septuagint, it says, "And if a man sells his daughter to be a maidservant, she shall not go out as the menservants do. If she pleases not her master, who has betrothed her to himself, then shall he let her be redeemed: to sell her unto a strange nation he shall have no power, seeing he has dealt deceitfully with her. And if he had betrothed her unto his son, he shall deal with her after the manner of daughters. If he takes him another wife, her food, her raiment, and her duty of marriage, shall he not diminish. If he does not do these three unto her, then shall she go out free without money".

[Exodus (21:7-11)]

Thus, if a Jewish woman got married, her guardianship was transferred from her father to her husband and she became as one of his possessions such as his house, his slave, his maidservant or his money or wealth. Jewish teachings and laws deprived the girl of her father's inheritance if the father had other male children. In the Old Testament, the Septuagint, it says:

"And thou shalt speak unto the children of Israel, 'If a man dies, and has no son, then ye shall cause his inheritance to pass unto his daughters'."

[Numbers (27:8)]

Moreover, Jewish men never slept in the same bed with a menstruating woman, or ate with her or drank with her. Jewish men used to isolate themselves fully from a menstruating woman until she was completely free from her menses.

Status of women in Christian Society

Christian priests went to the extreme of considering the woman as the cause of "original sin" and the source of all catastrophes from which the entire world has suffered. For this very reason, the physical relationship between man and woman has traditionally been labeled as "filthy" or "dirty" even if it were officially done and performed within a legitimate marriage contract. Saint Trotolian says:

"Woman is the Satan's pathway to a man's heart. Woman pushes man to the "Cursed Tree." Woman violates God's laws and distorts his picture (i.e. man's picture).

Wieth Knudesen, a Danish writer, illustrated the woman's status in the middle ages saying:

"According to the Catholic faith, which considered the woman as a second class citizen, very little care and attention was given to her."

In 1586 a conference was held in France to decide whether women should be considered as human beings or not. The conference came to a conclusion that:

"Woman is a human being, but she is created to serve man."

Thus, the conference approved the rights for women as human beings, a matter that was previously in doubt and undecided! Moreover, those who attended the conference did not decide on full rights for the woman, but rather; she was a follower of man and a maidservant to him with no personal rights. This decision was in effect until 1938, when, for the first time, a decree wasissued to abrogate all the laws that forbid a woman from conducting her own financial affairs directly and opening a bank account in her own name.

Europeans continued to discriminate against women and deprive them of their rights throughout the Middle-Ages. It is also surprising to know that English laws turned a blind eye to the selling of one's wife! The rift between the sexes, men and women, continued to increase, so much so that women became fully under the control of men. Women were stripped completely of all their rights and whatever they owned.

All that a woman owned belonged to her husband. For instance, until very recently women, according to the French law, were not considered capable of making their own financial decisions in their private ownership. We can read article 217 of the French law that states:

"A married woman has no right to grant, transfer, bond, own with or without payment, without her husband's participation in the sale contract, or his written consent to it, regardless of whether the marriage contract stipulated that there should be a complete separation between the husband's and wife's possessions and ownership of various items."

Despite all amendments and modifications, which occurred in these French laws, we can still see how these laws are affecting married French women. It is a form of civilized slavery. Furthermore, a married woman loses her surname (family's name) as soon as she enters into a marriage contract. A married woman shall carry the family name of her husband. This, of course, indicates that a married woman will only be a follower of her husband and she will even lose her personal identity.

Bernard Shaw, the well-known English writer says:

"The moment a woman marries; all her personal possessions become her husband's in accordance to the English law."

Lastly, there is one more injustice that has been imposed upon the woman in the Western society which is that a marriage bond is made to last forever, in accordance with legal and religiousteachings. There is no right of divorce (according to Catholicism, at least). Husband and wife are only separated from each other physically. This separation may have contributed to all sorts of social decay and corruption, such as having affairs, mistresses, boyfriends, girlfriends, as well as possibly prostitution, and homosexual and lesbian relations. Moreover, a surviving widow is not given the chance to remarry and lead a normal married life after the death of her husband.

No doubt, what is called modern western civilization and which endeavors to dominate the globe, is indebted to the Greek and Roman traditions for its civil foundations, and to the Judaic-Christian traditions for its ideological and religious foundations. The abuses mentioned above collectively led, due to gradual and eventual effects of technological and social modernization, to the expected and natural reaction: movements demanding women's rights in the society, led by thinkers, educators, lobbyists, and human rights and women right's activists.

The pendulum was set to swing in the other direction, and they demanded absolute equal rights and liberation from male chauvinism and abuses. In many of the modern secular societies, women are indeed given numerous equal rights, but at the same time, equality has exposed them to the molestation and double standards rampant in the immoral materialistic culture that markets her as an object of sexual desire, for sale, contract or rent. The ensuing breakdown of the family unit, and the widespread sexual immorality, abortion, homosexuality, and criminal deviancy from sexual liberation, has led to some counter reactions in the society, especially from the religious conservatives, but apparently, the trends are too strong to turn the tide back.

In this global context, and from this historical legacy, we will present the salient features of women's rights in Islam and shed light on some common misconceptions in order to show the superiority of following Allah's guidance rather than men and women guiding each other by whim and desire.