Polygamy and Justice

Polygamy is one of the issues criticized by feminists in general and Muslim feminists in particular. This tradition of marrying more than one wife (mistresses), is always controversial. There is a matter of textual interpretation involved. In Al Qur’an, there is a verse that explicitly allows for polygamy. This verse becomes the weapon for polygamy’s advocates to justify it in an Islamic perspective. But one should not forget, that the verse following the verse above contains the strict restriction: the matter of justice: “….and if you fear that you cannot do justice (to so many) then (marry) one only . . . .” The Muslim community should ask then: what is the nature of marriage in Islam?

Polygamy is one of the issues criticized by feminists in general and Muslim feminists in particular. This tradition of marrying more than one wife (mistresses), is always controversial. There is a matter of textual interpretation involved. In Al Qur’an, there is a verse that explicitly allows for polygamy. This verse becomes the weapon for polygamy’s advocates to justify it in an Islamic perspective. But one should not forget, that the verse following the verse above contains the strict restriction: the matter of justice: “….and if you fear that you cannot do justice (to so many) then (marry) one only . . . .” The Muslim community should ask then: what is the nature of marriage in Islam?

The first verses about polygamy in the Qur’an, seem to support polygamy. Ordinary logic also supports the Qur’an: try two first; if you still desire, three; if there is still a will and ability, you may take four. Some Muslim communities even prefer to have more wives than ever mentioned in Al Qur’an. Yet what is often forgotten is the spirit of this “polygamy verse”. Therein polygamy is a matter of justice. Justice for whom? Of course for the women because woman are the objects of polygamy.

God also asserted “you could not do justice, even if you try hard for it”. The Prophet himself admitted that his heart tended toward Aisha more than to any other wives. She was the only prophet’s wife who was a virgin, brilliant, and jealously spoiled. The Prophet could not do justice in the matters of the heart and less still those in his community.

If this is the contextual logic of verses on polygamy, we might ask: what is the real ideal in Islamic marriage? If this question was presented to a reformer such Muhammad Abduh, he would answer: monogamy. Don’t believe it? Read Abduh’s complete compilations: al-A’mal al-Kamilah. There, sheltered behind the view of Abduh who is the Egyptian mufti, “the male feminist” named Qasim Amin, advocates monogamy and even more than that in his magnum opus: Tahrir al-Mar’ah (woman’s liberation).

by: Novriantoni
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Women’s Liberation Theology

Islam has been targeted to be the liberation religion, especially liberation upon the women. Could be imagine, how the misogynist Arab society which frequently killed the girls, suddenly is directed to hold ‘aqiqah (an event to express thanks to God) upon the girl’s birth, although it is merely a goat for a girl and two goats for a boy.

Since the beginning,
Islam has been targeted to be the liberation religion, especially liberation upon
the women. Could be imagine, how the misogynist Arab society which frequently
killed the girls, suddenly is directed to hold ‘aqiqah (an event to
express thanks to God) upon the girl’s birth, although it is merely a goat for
a girl and two goats for a boy.

How do the
society who does not recognize the concept of female bequest and witness
suddenly given the rights of inheritance and witness, even though only 1:2 for
the boys. Woman who was murdered suddenly ought to get a sum of fine (diyat),
even though it is merely half of what the boys get.

How the
woman which was made into a myth as “complement” of the man’s desire (Adam)
suddenly admitted as equal before Allah and has the equal rights and duty as
the heaven’s occupant (Q.S. al-Baqarah, 2:35). How the woman (Eve) imaged as
the temptator of man (Adam) suddenly is sanitised with the vindication that it
was both of them who are involved in the cosmic sin (Q.S. al-A’raf, 7:20).

Islam is
divine religion as well as humanitarian and social religion (Q.S. Ali ‘Imran,
3:112). In Islamic perspective, human got two capacities, as a slave (‘abid)
and God representation (khalifah), without distinguishing the sex,
ethnic, and skin colour (Q.S. al-Hujrat, 49:13). The piety’s quality is not
merely achieved trough the self-sacred endeavour (riyadlah nafsiyyah)
but also trough the awareness upon other’s misery (Q.S. Al-Ma’un, 107:1-7).
Islam since the beginning affirmed that the roles and gender relation’s
discrimination is one of the human rights violation which should be removed (Q.S.al-Nisa’,
4:75)

Islam commands
the human to pay attention upon the concept of balance, harmony, compatibility
and unity inter-humans as well as their environment. Gender relation concept in
Islam is more than merely managing the gender’s justice in the society, but
theologically and teleologically arranging the relation mode between microcosmic
(human), macrocosmic (environment) and God. Only trough it the human could
perform his function as caliph, and only the successful caliph who achieve the
real degree of abid.

Islam introduces
the gender relation concept that refers to the substantive verses that are the
common objective of shari’a (maqashid al-syari’ah): manifesting the
justice and righteousness (Q.S. al-Nahl, 16:90), security and peace (Q.S.Q.S.al-Nisa’,
4:58), call toward the
righteousness and prevent the evil (Q.S.Ali ‘Imran, 3:104). These verses made
as the framework to analyze the gender relation in Al Qur’an.

Men and
women have the equal rights and duties in performing the role as caliph and
slave. Regarding the social role in the society, there is no Qur’anic verse or Hadits,
which forbid the women to be active there. On the contrary, AlQur’an and Hadits
mostly indicate the women’s permission to be active in performing various professions.

In the
beginning of Islamic history, women got the independence and bright emotion
milieu. Their self-confidence grows stronger so that some of them noted the
dazzling achievement, not only in domestic sector but also in public sector. Unfortunately,
this fact does not sustain any longer due to many factors: the more developing
Islamic world moved toward the misogynist kingdom’s centres like Damascus, Baghdad and Persia.
Furthermore, the unification and codification of Hadits, Tafseer and Fiqh literatures
are influenced by the local culture, directly or indirectly play roles in
giving the restriction upon the women’s rights and movement.

In the meantime,
the anthropological politic to sustain the patriarch tradition which benefit
the men is taking place simultaneously.
Various values are directed and used to preserve the existence of gender
relation mode which rooted to the society. Because it occurs for such a long
time, that mode precipitated beneath the society’s consciousness, as if that
gender relation is kodrat/nature (in Arabic: kodrat or qudrah are determined by
God). It grows stronger after the power relations become the subsystem in the
modern-capitalist society, which later deliver the newpatriarchy society.

The stronger the
power relation mode, the greater the gender role’s disparity in the society,
because someone would be measured based on his productivity value. By the
motive of reproduction factor, hence the woman reproduction considered not
maximal as the men are. Woman claimed as the reproduction community, which is
more proper to take the domestic role, and man claimed as the productive
community, which is more proper to take the public role. Consequently, a
male-dominated society is created (al-mujtama’ al-abawiy).

If in the
earlier period religion (Islam) was identical to the women liberation issue and
notion, now there is an Islamic tendency that is identical to the restriction
upon the women. In the end of this century, many Muslim countries execute
revolution and reformation by taking Islamic themes. Nevertheless, what is
mostly occurred post-revolution and reformation is the restriction upon the
woman. A state’s Islamization means “keeping home” the women or women’s veilization.
Iran, Pakistan, Algeria, and Afghanistan could be a good example for those
phenomena. How Islam made as an argument to take out the government officials
in some regions at Afghanistan on
the base that women should not work in the public area.

The regional
autonomy in Indonesia that give
greater role to the local traditional and religious figures, might lead the
women to be the target and object. We are expecting so much that Islam no
longer made as an ideological power that oppress a certain group or sex and on
the contrary benefit certain group and sex.

by: Nasaruddin Umar

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Women’s Liberation Theology

Islam introduces the gender relation concept as part of the objective of shari’a (maqashid al-syari’ah): that is in manifesting the justice and righteousness (Q.S. al-Nahl, 16:90), security and peace (Q.S.Q.S.al-Nisa’, 4:58), and in the call to righteousness and the prevention of evil (Q.S.Ali ‘Imran, 3:104). These verses can be used as a framework for analyzing gender relations in the Qur’an. Men and women have the equal rights and duties in performing the role as caliph and slave. Regarding the professional role of women, there are no Qur’anic verses or Hadits, which are forbiden for women. On the contrary, AlQur’an and Hadits mostly indicate that women are permited to be professionals.

Since the beginning, Islam has been understood as a religion of liberation, especially for the liberation of women. How then could misogynistic Arab society which accepted as natural the killing of girls and women, suddenly be directed to hold ‘aqiqah (an event to express thanks to God) for a girl’s birth, although it is merely a goat in the case of a girl and two goats in the case of a boy. How does a society which does not recognize the concept of female bequest and witness suddenly give women the rights of inheritance and witness, even though they receive only half of the inheritance which men receive? Even the family of a woman who is murdered ought to receive the fine (diyat), though merely half of what a man’s family would be compensated.

How have woman, as mythic “complements” of man’s desire (Adam) suddenly been admitted as equal before Allah and given equal rights and duties as heaven’s occupants (Q.S. al-Baqarah, 2:35)? How have woman (Eve, for example) who had been imagined as the temptor of men (Adam) suddenly become sanitised through the vindication that it was both of them who were involved in the cosmic sin (Q.S. al-A’raf, 7:20).

Islam is a divine religion as well as a humanitarian and social religion (Q.S. Ali ‘Imran, 3:112). From an Islamic perspective, humans have two capacities, as slaves (‘abid) and as God’s representation (khalifah) without distinction regarding sex, ethnicity, and skin colour (Q.S. al-Hujrat, 49:13). Becoming pious is the larger goal for all, and the quality of piety is not merely achieved through sacred endeavour (riyadlah nafsiyyah) but also through the awareness of other’s misery (Q.S. Al-Ma’un, 107:1-7). And in this regard, Islam, since the beginning, has affirmed that gender discrimination is a human rights violation for the misery it brings to women (Q.S.al-Nisa’, 4:75).

Islam commands people to pay attention to the concept of balance, harmony, compatibility and inter-human unity as well as to their environment. The concept of gender relations in Islam is more than merely the managing of gender justice, but theologically and teleologically arranging the relation mode between microcosmic (human), macrocosmic (environment) and God. Only through this can humans perform their functions as caliph, and it is only the successful caliph who can achieve the level of abid.

Islam introduces the gender relation concept as part of the objective of shari’a (maqashid al-syari’ah): that is in manifesting the justice and righteousness (Q.S. al-Nahl, 16:90), security and peace (Q.S.Q.S.al-Nisa’, 4:58), and in the call to righteousness and the prevention of evil (Q.S.Ali ‘Imran, 3:104). These verses can be used as a framework for analyzing gender relations in the Qur’an. Men and women have the equal rights and duties in performing the role as caliph and slave. Regarding the professional role of women, there are no Qur’anic verses or Hadits, which are forbiden for women. On the contrary, AlQur’an and Hadits mostly indicate that women are permited to be professionals.

In the beginning of Islamic history, women had independence and supportive emotional milieus. Some of them were noted for their dazzling achievements, not only in the domestic sector but also in the public sector. Unfortunately, this is not the case any longer due to many factors such as the rising power of misogynistic kingdom’s cenered in Damascus, Baghdad and Persia. In addition, the unification and codification of the Hadits, Tafseer and Fiqh literatures are influenced by the local cultures which have further restricted women’s rights.

In the meantime, politics sustain the patriarchal tradition which benefits men. Various values have been directed and used to preserve the existence of unequal gender relations. Because the process has been sustained over such a long time, it has become part of society’s consciousness such that gender relations have become see as natural or kodrat/nature (in Arabic: kodrat or qudrah are determined by God). This pre-existent patriarchalism has only been intensified through the power relations which exist in modern-capitalist societies.

The stronger the power relation, the greater the gender role’s disparity in the society. This is because the value of the individual is measured through productivity and women are excluded being mainly consigned to the role of domestic production and reproduction. In these male-dominated societies (al-mujtama’ al-abawiy), it is the men who lay claim to the productive community and the public role.

If in the earlier period of Islam, women’s liberation was a central issue, there later evolved an Islamic tendency to restrict women’s rights. By the end of this century, many Muslim countries had experienced revolutions and reformations based on fundamentalist patriarchal Islamic values which heavily oppress woman. A state’s Islamization is synonymous with keeping women at home and covering them in veils. Iran, Pakistan, Algeria, and Afghanistan are classic examples of this phenomenon in which women are prohibited from working in the public arena.

What relevance does this have locally? In the case of Indonesia, regional autonomy will give greater power to traditional and religious figures who might well use Sharia law to further restrict women’s potential and their fundamental rights. Is it too much to expect that Islam will not be used to oppress certain groups or women but on the contrary be used to benefit the oppressed?

by: Nasaruddin Umar

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Gender Equity in Islam

I. Introduction & Methodology

When dealing with the Islamic perspective of any topic, there should be a clear distinction between the normative teachings of Islam and the diverse cultural practices among Muslims, which may or may not be consistent with them. The focus of this paper is the normative teachings of Islam as the criteria to judge Muslim practices and evaluate their compliance with Islam. In identifying what is "Islamic" it is necessary to make a distinction between the primary sources of Islam (the Qur'an and the Sunnah) and legal opinions of scholars on specific issues, which may vary and be influenced by their times, circumstances, and cultures. Such opinions and verdicts do not enjoy the infallibility accorded to the primary and revelatory sources. Furthermore, interpretation of the primary sources should consider, among other things:

(a) The context of any text in the Qur'an and the Sunnah. This includes the general context of Islam, its teachings, its world view, and the context of the surah and section thereof.

(b) The occasion of the revelation, which may shed light on its meanings.

(c) The role of the Sunnah in explaining and defining the meaning of the Qur'anic text.

This paper is a brief review of the position and role of woman in society from an Islamic perspective. The topic is divided into spiritual, economic, social, and political aspects.
II. The Spiritual Aspect

1. According to the Qur'an, men and women have the same spiritual human nature:

O mankind: Reverence your Guardian Lord Who created you from a single person created of like nature his mate and from them twain scattered (like seeds) countless men and women; reverence Allah through Whom you demand your mutual (rights) and (reverence) the wombs (that bore you): for Allah ever watches over you. (Qur'an 4:1)

It is He who created you from a single person and made his mate of like nature in order that he might dwell with her (in love). When they are united she bears a light burden and carries it about (unnoticed). When she grows heavy they both pray to Allah their Lord (saying): "If You give us a goodly child we vow we shall (ever) be grateful." (Qur'an 7:189)

(He is) the Creator of the heavens and the earth: He has made for you pairs from among yourselves and pairs among cattle: by this means does He multiply you: there is nothing whatever like unto Him and Her is the One that hears and sees (all things.) (Qur'an 42:11)

2. Both genders are recipients of the "divine breath" since they are created with the same human and spiritual nature (nafsin-waahidah):

But He fashioned him in due proportion and breathed into him something of His spirit. And He gave you (the faculties of) hearing and sight and feeling (and understanding): little thanks to you give (Qur'an 15:29)

3. Both genders are dignified and are trustees of Allah on earth.

We have honored the children of Adam, provided them with transport on land and sea; given them for sustenance things good and pure; and conferred on them special favors above a great part of Our Creation. (Qur'an 17:70)

Behold your Lord said to the angels: "I will create a vicegerent on earth." They said "Will you place therein one who will make mischief therein and shed blood? Whilst we do celebrate Your praises and glorify Your holy (name)?" He said: "I know what you do not." (Qur'an 2:30)

4. According to the Qur'an, woman is not blamed for the "fall of man." Pregnancy and childbirth are not seen as punishments for "eating from the for bidden tree." On the contrary, the Qur'an considers them to be grounds for love and respect due to mothers.

In narrating the story of Adam and Eve, the Qur'an frequently refers to both of them, never singling out Eve for the blame:

O Adam! Dwell you and your wife in the garden and enjoy (its good things) as you [both] wish: but approach not this tree or you [both] run into harm and transgression. Then began Satan to whisper suggestions to them bringing openly before their minds all their shame that was hidden from them (before): he said "Your Lord only forbade you this tree lest you [both] should become angels or such beings as live for ever." And he swore to them both that he was their sincere adviser. So by deceit he brought about their fall: when they tasted of the tree their shame became manifest to them and they began to sew together the leaves of the garden over their bodies. And their Lord called unto them: "Did I not forbid you that tree and tell you that Satan was an avowed enemy unto you?" They said: "Our Lord! We have wronged our own souls: if you forgive us not and bestow not upon us Your mercy we shall certainly be lost." (Allah) said: "Get you [both] down with enmity between yourselves. On earth will be your dwelling place and your means of livelihood for a time." He said: "Therein shall you [both] live and therein shall you [both] die; and from it shall you [both] be taken out (at last)." O you children of Adam! We have bestowed raiment upon you to cover your shame as well as to be an adornment to you but the raiment of righteousness that is the best. Such are among the signs of Allah that they may receive admonition! O you children of Adam! Let not Satan seduce you in the same manner as he got your parents out of the garden stripping them of their raiment to expose their shame: for he and his tribe watch you from a position where you cannot see them: We made the evil ones friends (only) to those without faith. (Qur'an 7:19 27)

On the question of pregnancy and childbirth, the Qur'an states:

And We have enjoined on the person (to be good) to his/her parents: in travail upon travail did his/her mother bear his/her and in years twain was his/her weaning: (hear the command) "Show gratitude to Me and to your parents: to Me is (your final) Goal. (Qur'an 31:14)

We have enjoined on the person kindness to his/her parents: in pain did his/her mother bear him/her and in paid did she give him/her birth. The carrying of the (child) to his/her weaning is ( a period of) thirty months. At length when he/she reaches the age of full strength and attains forty years he/she says "O my Lord! Grant me that I may be grateful for Your favor which You have bestowed upon me and upon both my parents and that I may work righteousness such as You may approve; and be gracious to me in my issue.Truly have I turned to You and truly do I bow (to You) in Islam [submission]." (Qur'an 46:15)

5. Men and women have the same religious and moral duties and responsibilities. They both face the consequences of their deeds:

And their Lord has accepted of them and answered them: "Never will I suffer to be los the work of any of you be it male or female: you are members of one another ..." (Qur'an 3:195)

If any do deeds of righteousness be they male or female and have faith they will enter paradise and not the least injustice will be done to them. (Qur'an 4:124)

For Muslim men and women and for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who fast (and deny themselves), for men and women who guard their chastity, and for men and women who engage much in Allah's praise, for them has Allah prepared forgiveness and great reward. (Qur'an 33:35)

One Day shall you see the believing men and the believing women how their Light runs forward before them and by their right hands: (their greeting will be): "Good news for you this Day! Gardens beneath which flow rivers! To dwell therein for ever! This is indeed the highest Achievement!" (Qur'an 57:12)

6. Nowhere dow the Qur'an state that one gender is superior to the other. Some mistakenly translate "qiwamah" or responsibility for the family as superiority. The Qur'an makes it clear that the sole basis for superiority of any person over another is piety and righteousness not gender, color, or nationality:

O mankind! We created you from a single (pair) of a male and a female and made you into nations and tribes that you may know each other. Verily the most honored of you in the sight of Allah is (one who is) the most righteous of you. And Allah has full knowledge and is well acquainted (with all things). (Qur'an 49:13)

7. The absence of women as prophets or "Messengers of Allah" in prophetic history is due to the demands and physical suffering associated with the role of messengers and prophets and not because of any spiritual inferiority.

III. The Economic Aspect

1. The Islamic Shariiah recognizes the full property rights of women before and after marriage. A married woman may keep her maiden name.

2. Greater financial security is assured for women. They are entitled to receive marital gifts, to keep present and future properties and income for their own security. No married woman is required to spend a penny from her property and income on the household. She is entitled to full financial support during marriage and during the waiting period ('iddah) in case of divorce. She is also entitled to child support. Generally, a Muslim woman is guaranteed support in all stages of her life, as a daughter, wife, mother, or sister. These additional advantages of women over men are somewhat balanced by the provisions of the inheritance which allow the male, in most cases, to inherit twice as much as the female. This means that the male inherits more but is responsible financially for other females: daughters, wives, mother, and sister, while the female (i.e., a wife) inherits less but can keep it all for investment and financial security without any legal obligation so spend any part of it even for her own sustenance (food, clothing, housing, medication, etc.).

IV. The Social Aspect

First: As a Daughter

1. The Qur'an effectively ended the cruel pre Islamic practice of female infanticide (wa'd):

When the female (infant) buried alive is questioned for what crime she was killed. (Qur'an 81 89)

2. The Qur'an went further to rebuke the unwelcoming attitudes among some parents upon hearing the news of the birth of a baby girl, instead of a baby boy:

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)

3. Parents are duty bound to support and show kindness and justice to their daughters. Prophet Muhammad said:

"Whosoever has a daughter and he does not bury her alive, does not insult her, and does not favor his son over her, Allah will enter him into Paradise." [Ahmad]

"Whosoever supports two daughters til they mature, he and I will come in the day of judgment as this (and he pointed with his two fingers held together)." [Ahmad]

4. Education is not only a right but also a responsibility of all males and females. Prophet Muhammad said:

"Seeking knowledge is mandatory for every Muslim ("Muslim" is used here in the generic meaning which includes both males and females).

Second: As a Wife

1. Marriage in Islam is based on mutual peace, love, and compassion, not just the satisfaction of man's needs:

And among His Signs is that He created for you mates from among yourselves that you may well in tranquillity with them and He has put live and mercy between your (hearts); verily in that are signs for those who reflect. (Qur'an 30:21)

(He is) the Creator of the heavens and the earth: He has made for you pairs from among yourselves and pairs among cattle: by this means does He multiply you: there is nothing whatever like unto Him and He is the One that hears and sees (all things). (Qur'an 42:11)

2. The female has the right to accept or reject marriage proposals. Her consent is prerequisite to the validity of the marital contract according to the Prophet's teaching. It follows that if by "arranged marriage" is meant marrying the girl without her consent, then such a marriage is nullifiable is she so wished.

"Ibn Abbas reported that a girl came to the Messenger of God, Muhammad, 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)." (Ahmad, Hadeeth 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 Majah] 3. The husband is responsible for the maintenance, protection, and overall headship of the family (qiwamah) within the framework of consultation and kindness. The mutual dependency and complementary of the roles of males and females does not mean "subservience" by either party to the other. Prophet Muhammad helped in household chores in spite of his busy schedule.

The mothers shall give suck to their offspring for two whole years if the father desires to complete the term. But he shall bear the cost of their food and clothing on equitable terms. No soul shall have a burden laid on it greater than it can bear. No mother shall be treated unfairly on account of her child nor father on account of his child. An heir shall be chargeable in the same way if they both decide on weaning by mutual consent and after due consultation there is no blame on them. If you decide on a foster mother for your offspring there is no blame on you provided you pay (the mother) what you offered on equitable terms. But fear Allah and know that Allah sees well what you do. (Qur'an 2:233)

The Qur'an urges husbands to be kind and considerate to heir wives even if they do not like them.

O you who believe! You are forbidden to inherit women against their will. Nor should you treat them with harshness that you may take away part of the marital gift you have given them except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If you take a dislike to them it may be that you dislike a thing and Allah brings about though it a great deal of good. (Qur'an 4:19)

Prophet Muhammad taught:

" I command you to be kind to women ..."

"The best of you is the best to his family (wife) ..."

Marital disputes are to be handled privately between the parties whenever possible, in steps (without excesses or cruelty). If disputes are not resolved then family mediation can be resorted to.

Divorce is seen as the last resort, which is permissible but not encouraged. Under no circumstances does the Qur'an encourage, allow or condone family violence or physical abuse and cruelty. The maximum allowed in extreme cases is a gentle tap that does not even leave a mark on the body while saving the marriage from collapsing.

3. Forms of marriage dissolution include mutual agreement, the husband's initiative, the wife's initiative (if part of her marital contract, court decision on the wife's initiative (for a cause), and the wife's initiative without a "cause" provided that she returns the marital gift to her husband (khul' [divestiture]).

4. Priority for custody of young children (up to the age of about seven) is given to the mother. A child later chooses between his mother and father (for custody purposes). Custody questions are to be settled in a manner that balances the interests of both parents and well being of the child

Question of Polygyny (Polygamy)

1. One of the common myths is to associate polygyny with Islam as if it were introduced by Islam or is the norm according to its teachings. While no text in the Qur'an or Sunnah states that either monogamy or polygyny is the norm, demographic data indicates that monogamy is the norm and polygyny is the exception. In almost all countries and on the global level the numbers of men and women are almost even, with women's numbers slightly more than men.

As such, it is a practical impossibility to regard polygyny as the norm since it assumes a demographic structure of at least two thirds females, and one third males (or 80 percent females and 20 percent males if four wives per male is the norm!). No Islamic "norm" is based on an impossible assumption.

2. Like many peoples and religions, however, Islam did not out law polygyny but regulated it and restricted it. It is neither required nor encouraged, but simply permitted and not outlawed. Edward Westermarck gives numerous examples of the sanctioning of polygyny among Jews, Christians, and others.

3. The only passage in the Qur'an (4:3) which explicitly mentioned polygyny and restricted its practice in terms of the number of wives permitted and the requirement of justice between them was revealed after the Battle of Uhud in which dozens of Muslims were martyred leaving behind widows and orphans. This seems to indicate that the intent of its continued permissibility is to deal with individual and collective contingencies that may arise from time to time (i.e., imbalances between the number of males and females created by wars). This provides a moral, practical, and humane solution to the problems of widows and orphans who are likely to be more vulnerable in the absence of a husband/father figure to look after their needs: financial, companions, proper rearing, and other needs.

If you fear that you shall not be able to deal justly with the orphans marry women of your choice two or three or four; but if you fear that you shall not be able to deal justly (with them) then only one ... (Qur'an 4:3)

4. All parties involved have options: to reject marriage proposals as in the case of a proposed second wife or to seek divorce or khul' (divestiture) as in the case of a present wife who cannot accept to live with a polygynous husband.

While the Qur'an allowed polygyny, it did not allow polyandry (multiple husbands of the same woman). Anthropologically speaking, polyandry is quite rare. Its practice raises thorny problems related to the lineal identity of children, and incompatibility of polyandry with feminine nature.

Third: As a Mother

1. Kindness to parents (especially mothers) is next to worship of Allah:

Your Lord has decreed that you worship none but Him and that you be kind to parents. Whether one or both of them attain old age in you life say not to them a word of contempt nor repel them but address them in terms of honor. (Qur'an 17:23)

And We have enjoined on the human (to be good) to his/her parents: in travail upon travail did his/her mother bear him/her and in years twain was his/her waning: (hear the command) "Show gratitude to Me and to your parents: to Me is (your final) destiny." (Qur'an 31:14)

2. Mothers are accorded a special place of honor in Hadeeth too:

A man came to the Prophet Muhammad asking: O Messenger of Allah, who among the people is the most worthy of my good companionship? The Prophet said, your mother. The man said then who is next: the Prophet said, Your mother. The man further asked, Then who is next? Only then did the Prophet say, Your father. (al Bukhari)

Fourth: As a Sister in Faith (Generally)

1. According to the Prophet Muhammad's saying:

"Women are but sisters (or the other half) of men (shaqa'iq).

2. Prophet Muhammad taught kindness, care, and respect of women in general:

"I commend you to be kind to women"

Fifth: Issue of Modesty and Social Interaction

1. There exists, among Muslims a big gap between the ideal of the real. Cultural practices on both extremes do exist. Some Muslims emulate non Islamic cultures and adopt the modes of dress, unrestricted mixing and behavior resulting in corrupting influences of Muslims and endangering the family's integrity and strength. On the other hand, in some Muslim cultural undue and excessive restrictions is not seclusion are believed to be the ideal. Both extremes seem to contradict the normative teachings of Islam and are not consistent with the virtuous yet participative nature of the society at the time of the Prophet Muhammad.

2. 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 seen by believing men and women as divinely based guidelines with legitimate aims, and divine wisdom behind them. They are not male imposed or socially imposed restrictions.

3. The notion of near total seclusion of women is alien to the prophetic period. Interpretation problems in justifying seclusion reflect, in part, cultural influences and circumstances in different Muslim countries.

V. The Legal/Political Aspect

1. Both genders are entitled to equality before the law and courts of law. Justice is genderless.

Most references to testimony (witness) in the Qur'an do not make any reference to gender. Some references fully equate the testimony of males and female.

And for those who launch a charge against their spouses and have (in support) no evidence but their own their solitary evidence (can be received) if they bear witness four times (with an oath) by Allah that they are solemnly telling the truth; And the fifth (oath) (should be) that they solemnly invoke the curse of Allah on themselves if they tell a life. But it would avert the punishment from the wife is she bears witness four times (with an oath) by Allah that (her husband) is telling a lie; And the fifth (oath) should be that she solemnly invokes the wrath of Allah on herself is (her accuser) is telling the truth. (Qur'an 24:69)

One reference in the Qur'an distinguishes between the witness of a male and a female. It is useful to quote this reference and explain it in its own context and in the context of other references to testimony in the Qur'an.

O you who believe! When you deal with each other in transactions involving future obligations in a fixed period of time reduce them to writing. Let a scribe write down faithfully as between the parties: let not the scribe refuse to write as Allah has taught him so let him write. Let him who incurs the liability dictate but let him fear his Lord Allah and not diminish aught of what he owes. If the party liable is mentally deficient or weak or unable himself to dictate let his guardian dictate faithfully. And get two witnesses out of your own men

and if there are not two men then a man and two women such as you choose for witnesses so that if one of them errs the other can remind her. The witnesses should not refuse when they are called on (for evidence). Disdain not to reduce to writing (your contract) for a future period whether it be small or big: it is just in the sight of Allah more suitable as evidence and more convenient to prevent doubts among yourselves; but if it be a transaction which you carry out on the spot among yourselves there is no blame on you if you reduce it not to writing. But take witnesses whenever you make a commercial contract; and let neither scribe nor witness suffer harm. If you do (such harm) it would be wickedness in you. So fear Allah; for it is Allah that teaches you. And Allah is well acquainted with all things. (Qur'an 2:282)

A few comments on this text are essential in order to prevent common misinterpretations:

a) It cannot be used as an argument that there is a general rule in the Qur'an that the worth of a female's witness is only half the male's. This presumed "rule" is voided by the earlier reference (24:69) which explicitly equates the testimony of both genders in the issue at hand.

b) The context of this passage (ayah) relates to the testimony on financial transactions which are often complex and laden with business jargon. The passage does not make a blanket generalization which would otherwise contradict 24:69 cited earlier.

c) The reason for variations in the number of male and female witnesses required is given in the same passage. No reference was made to the inferiority or superiority of one gender's witness or the other's. The only reason given is to corroborate the female's witness and prevent unintended errors in the perception of the business deal. The Arabic term used in this passage (tadhilla) means literally "loses the way," "gets confused or errs." But are females the only gender that may err and need corroboration of their testimony. Definitely not, and this is why the general rule of testimony in Islamic law is to have two witnesses even if they are both males. This leaves us with only one reasonable interpretation that in an ideal Islamic society as envisioned by Islamic teachings the female members will give priority to their feminine functions as wives, mothers, and pioneers of charitable works. This emphasis, while making them more experienced in the inner function of the family

and social life, may not give them enough exposure and experience to business transactions and terminology, as such a typical Muslim woman in a truly Islamic society will not normally be present when business dealings are negotiated and if may present may not fully understand the dealings. In such a case, corroboration by two women witnesses helps them remind one another and as such give an accurate account of what happened.

d) It is useful to remember that it is the duty of a fair judge, in a particular case, to evaluate the credibility, knowledge and experience of any witness and the specific circumstances of the case at hand.

2. The general rule in social and political life is participation and collaboration of males and female in public affairs:

The believers, men and women, are protectors one of another; they enjoin what is just and forbid what is evil: they observe regular prayers, practice regular charity, and obey Allah and His apostle. On them will Allah pour His mercy: for Allah is Exalted in power, Wise. (Qur'an 9:71)

3. Now there is sufficient historical evidence of participation by Muslim women in the choice of rulers, in public issues, in lawmaking, in administrative positions, in scholarship and teaching, and even in the battlefield. Such involvement in social and political affairs was done without losing sight of the complementary priorities of both genders and without violating Islamic guidelines of modesty and virtue.

4. There is no text in the Qur'an or the Sunnah that precludes women from any position of leadership, except in leading prayer due to the format of prayer as explained earlier and the headship of state (based on the common and reasonable interpretation of Hadeeth).

The head of state in Islam is not a ceremonial head. He leads public prayers in some occasions, constantly travels and negotiates with officials of other states (who are mostly males). He may be involved in confidential meetings with them. Such heavy involvement and its necessary format may not be consistent with Islamic guidelines related to the interaction between the genders and the priority of feminine functions and their value to society. Furthermore, the conceptual and philosophical background of the critics of this limited exclusion is that of individualism, ego satisfaction, and the rejection of the validity of divine guidance in favor of other man-made philosophies, values, or "ism." The ultimate objective of a Muslim man or woman is to selflessly serve Allah and the ummah in whatever appropriate capacity.

Conclusion:

1. Textual injunctions on gender equity and the prophetic model are sometimes disregarded by some if not most Muslims individually and collectively. Revision of practices (not divine injunctions) is needed. It is not the revelatory Qur'an and the Sunnah that need any editing or revision. What needs to be reexamined are fallible human interpretations and practices.

2. Diverse practice in Muslim countries often reflect cultural influences (local or foreign), more so than the letter or spirit of the Shariiah.

3. Fortunately, there is an emerging trend for the betterment of our understanding of gender equity, based on the Qur'an and Hadeeth, not on alien and imported un-Islamic or non-Islamic values and not on the basis of the existing oppressive and unjust status quo in many parts of the Muslim world.

Endnotes

1. The term equity is used instead of the common expression 'equality" which is sometimes mistakenly understood to mean absolute equality in each and every detailed item of comparison rather than the overall equality. Equity is used here to mean justice and overall equality of the totality of rights and responsibilities of both genders. It does allow for the possibility of variations in specific items within the overall balance and equality. It is analogous to two persons possessing diverse currencies amounting, for each person to the equivalence of US$1000. While each of the two persons may possess more of one currency than the other, the total value still comes to US$1000 in each case. It should be added that from an Islamic perspective, the roles of men and women are complementary and cooperative rather than competitive.

2. The Sunnah refers to the words, actions, and confirmations (consent) of the Prophet Muhammad in matters pertaining to the meaning and practice of Islam. Another common term which some authorities consider to be equivalent to the Sunnah is the Hadeeth (plural: Ahadeeth) which literally means "sayings."

3. In both Qur'anic references, 15:29 and 32:99, the Arabic terms used are basharan and al Insaun both mean a human being or a person. English translations do not usually convey this meaning and commonly use the terms "man" or the pronoun" him" to refer to "person" without a particular gender identification. Equally erroneous is the common translation of Bani Adam into "sons of Adam" or "men" instead of a more accurate term "children of Adam."

4. The emphasis is ours. The explanatory "both"{ was added whenever the Our'anic Arabic text addresses Adam and Eve, like "lahoma, akala, akhrajahoma." This was done in order to avoid misinterpreting the English term "you" to mean an address to a singular person. For the Biblical version of the story and its implications, see The Holy Bible, RSV, American Bible Society, New York: 1952: Genesis, chapters 23, especially 3:6, 12, 1717; Levi ticus 12:17; 15:19 30; and Timothy 2:11 14.

5. A common question raised in the West is whether a Muslim woman can be ordained as a priest as more "liberal" churches do? It should be remembered that there is no "church" or "priesthood" in Islam. The question of "ordaining" does not arise. However, most of the common "priestly" functions such as religious education, spiritual and social counseling are not forbidden to Muslim women in a proper Islamic context. A woman, however, may not lead prayers since Muslim prayers involve prostrations and body contact. Since the prayer leader is supposed to stand in front of the congregation and may move forward in the middle of crowded rows, it would be both inappropriate and uncomfortable for a female to be in such a position and prostrate, hands, knees and forehead on the ground with rows of men behind here. A Muslim woman may be an Islamic scholar, In the early days of Islam, there were several examples of female scholars who taught both genders.

6. This contrast with the legal provisions in Europe which did not recognize the right until nearly 13 centuries after Islam. "By a series of acts starting with the Married Women's Property Act in 1879, amended in 1882 and 1997, married women achieved the right to won property and to enter into contracts on a par with spinsters, widows, and divorcees." See Encyclopedia Britannica, 1968, vol. 23, p. 624.

7. This period is usually three months. If the wife is pregnant, it extends until childbirth.

8. Ahmad Ibn Hanbal (compiler), Musnad Ibn Hanbal, Dar al Ma'arif, Cairo: 1950 and 1955, vols. 3 and 4. Hadith nos. 1957 and 2104.

9. Narrated in Al Bayhaqi and Ibn Majah, quoted in M. S. Aftfi, Al Martah wa Huququhafi al Islam (in Arabic), Maktabat al Nahdhah, Cairo: 1988, p. 71.

10. Ibn Majah (compiler), Sunan Ibn Majah, Dar Ihya' al Kutub al Arabiyah, Cairo: 1952, vol. 1, Hadith #1873.

11. Matn al Bukhari, op. cit., vol. 3, p. 257.

12. Riyad al Saliheen, op. cit, pp. 140.

13. In the event of a family dispute, the Qur'an exhorts the husband to treat his wife kindly and not to overlook her positive aspects. If the problem relates to the wife's behavior, her husband may exhort her and appeal for reason. In most cases, this measure is likely to be sufficient. In cases where the problem continues, the husband may express his displeasure in another peaceful manner by sleeping in a separate bed from hers. There are cases, however where a wife persists in deliberate mistreatment of her husband and disregard for her marital obligations. Instead of divorce, the husband may resort to another measure that may save the marriage, at least in some cases. Such a measure is more accurately described as a gentle tap on the body, but never on the face, making it more of a symbolic measure than a punitive one. Following is the related Qur'anic text:

Men are the protectors and maintains of women because Allah has given the one more (strength) than the other and because they support them from their means. Therefore the righteous women are devoutly obedient and guard in (the husband's) absence what Allah would have them guard. As to those women on whose part you fear disloyalty and ill conduct, admonish them (first), (next) refuse to share their beds (and last) beat them (lightly); but if they return to obedience seek not against them means (of annoyance): for Allah is Most High, great (above you all). (Qur'an 4:34)

Even here, that maximum measure is limited by the following:

a) It must be seen as a rare exception to the repeated exhortation of mutual respect, kindness and good treatment discussed earlier. Based on the Qur'an and Hadeeth, this measure may be used in the case of lewdness on the part of the wife or extreme refraction and rejection of the husband's reasonable requests on a consistent basis (nushuz). Even then other measures such as exhortation should be tried first.

b) As defined by the Hadeeth, it is not permissible to strike anyone's face, cause any bodily harm or even be harsh. What the Hadeeth qualified as dharban ghayra mubarrih or light beating was interpreted by early jurists as a (symbolical) use of the miswak (a small natural toothbrush).

They further qualified permissible "beating" as beating that leaves no mark on the body. It is interesting that this latter fourteen centuries old qualifier is the criterion used in contemporary American law to separate a light and harmless tap or strike from "abuse" in the legal sense. This makes it clear that even this extreme, last resort and "lesser of the two evils" measure that may save the marriage does not meet the definitions of "physical abuse," "family violence," of "wife battering" in the twentieth century laws in liberal democracies, where such extremes are commonplace that they are seen as national concerns.

c) Permissibility of such symbolical expression of the seriousness of continued refraction does not imply its desirability. In several Ahadeeth, Prophet Muhammad discouraged this measure. Among his sayings: "Do not beat the female servants of Allah," "Some (women visited my family complaining about their husbands (beating them). These (husbands) are not the best of you," "[Is it not a shame that], one of you beats his wife like [an unscrupulous person] beats a slave and maybe he sleeps with her at the end of the day." See Riyad Al Saliheen, op cit., pp. 130 140. In another Hadeeth, the Prophet said:

"How does anyone of you beat his wife as he beats the stallion camel and then he may embrace (sleep with) her?" Shaheeh Al Bukhari, op. cit., vol. 8, Hadeeth no. 68, pp. 42 43.

d) True following of the Sunnah is to follow the example of the Prophet Muhammad, who never resorted to that measure regardless of the circumstances.

e) Islamic teachings are universal in nature. They respond to the needs and circumstances of diverse times, cultures, and circumstances but unnecessary in others. Some measures may work in some cases, cultures, or with certain persons but may not be effective in others. By definition a "permissible" it is neither required encouraged, or forbidden. In fact, it may be better to spell out the extent of permissibility such as in the issue at hand, than leaving it unrestricted and unqualified or ignoring it all together. In the absence of strict qualifiers, persons may interpret the matter in their own way lending to excesses and real abuse.

f) Any excess, cruelty, family violence, or abuse committed by any "Muslim" can never be traced, honestly, to any revelatory text (Qur'an and Hadeeth). Such excesses and violations are to be blamed on the person(s) himself as it shows that he is paying lip service to Islamic teachings and injunctions and is failing to follow the true sunnah of the Prophet.

14. For more details on marriage dissolution and custody of children, see A. Abd al Ati, Family Structure in Islam, Indianapolis: American Trust Publications, 1977, pp. 217 49.

15. For more details on the issue of polygyny, see Jamal A. Badawi, Polygyny in Islamic Law, Plainfield, IN: American Trust Publications, also Islamic Teachings (audio series), Islamic Information Foundation, 1982, album IV.

16. See for example, Edward A. Westermarck, The History of Human Marriage, 4th ed. (London: Macmlllan, 1925), vol 3, pp. 42 43; also Encyclopedia BibRca, Rev. T. K. Cheyene and J. S. Black, eds.) (London: Macmillan, 1925), vol. 3, p 2946.

17. A. M. B. 1. Al Bukhari (compiler) Matn al Bukhari, Cairo: Dar Ihya al Kutub al Arabiyah, n.d., vol. 3 Kitab al Adab, p. 47. Translated by the author. For a similar English translation of this Hadeeth, see Sahih al Bukhari translated by M. M. Khan Maktabat al Riyadh al Hadeethah, Riyadh, Saudi Arabia, i982, colt 8, the Book of ai Adab, Hadeeth no. 2, p. 2.

18. Narrated by Aisha, collected by Ibn Asakir in Silsilat Kunaz al Sunnah 1, Al./ami Al Sagheer, Ist ed. 1410 AH. A computer program.

19. Riyadh al Saliheen, op. cit., p. 139.

Bibliography

I. The Qur'an and Hadeeth

1. The Holy Qur'an: Text, Translation and Commentary by A. Y. Ali, The American Trust Publication, Plainfield, IN 1977.

2. Matn al Bukhari, Al Bukhari (compiler), Dar Ihya al Kutub al Arabiyah, Cairo, Egypt, n.d.

3. Musnad Ahmad Ibn Hanbal, Ibn Hanbal (compiler), Dar Ihya' al Kutub al Arabiyah, Cairo Egypt, 1950 and 1955.

4. Riyadh al Saliheen, Al Nawawi, (compiler) New Delhi, India n.d.

5. Sahih Al Bukhari, M. Khan (translator), Maktabat Al Riaydh Al Hadeethah, Riyadh, Saudi Arabia 1982.

6. Silsilat Kunuz Al Sunnah: Al Jami al Sagheer, 1st ea., 1410 AH, a computer software.

7. Sunan Ibn Majah, Dar Ihya al Kutub al Arabiyah, Cairo: 1952.

II. Other References

1. Al Martah wa Huququha fi al Islam, M. S. Aftfi, Maktabat AlNadhhah, Cairo: 1988.

2. Holy Bible, RSV, American Bible Society, New York: 1952.

3. Encyclopedia Biblica, vol. 3, Rev. T. K. Cheyene and J. S. Black, editors, London: Machollan, 1925.

4. Encyclopedia Britanica, Vol. 23, 1968

5. The History of Human Marriage, vol. 3, Edward A. Westermarck, London: Macmillan, 1925




MORE.....

THE STATUS OF WOMAN IN ISLAM....!!!!

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". (Al Bayhaqi). 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 or 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.

BIBLIOGRAPHY

The 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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Women in the Quran and the Sunnah.........

In Islam there is absolutely no difference between men and women as far as their relationship to Allah is concerned, as both are promised the same reward for good conduct and the same punishment for evil conduct. The Qur'an says:

And for women are rights over men similar to those of men over women. (2:226)

The Qur'an, in addressing the believers, often uses the expression,'believing men and women' to emphasize the equality of men and women in regard to their respective duties, rights, virtues and merits. It says:

For Muslim men and women,
for believing men and women,
for devout men and women,
for true men and women,
for men and women who are patient and constant,
for men and women who humble themselves,
for men and women who give in charity,
for men and women who fast,
for men and women who guard their chastity,
and for men and women
who engage much in Allah's praise,
for them has Allah prepared
forgiveness and great reward. (33:35)

This clearly contradicts the assertion of the Christian Fathers that women do not possess souls and that they will exist as sexless beings in the next life. The Qur'an says that women have souls in exactly the same way as men and will enter Paradise if they do good :

Enter into Paradise, you and your wives, with delight. (43:70)

Who so does that which is right, and believes, whether male or female, him or her will We quicken to happy life. (16:97)

The Qur'an admonishes those men who oppress or ill-treat women:


O you who believe! You are forbidden
to inherit women against their will.
Nor should you treat them with harshness,
that you may take away part of the dowry
you have given them - except when
they have become guilty of open lewdness.
On the contrary live with them
on a footing of kindness and equity.
If you take a dislike to them,
it may be that you dislike something
and Allah will bring about through it
a great deal of good. (4:19)

Considering the fact that before the advent of Islam the pagan Arabs used to bury their female children alive, make women dance naked in the vicinity of the Ka'ba during their annual fairs, and treat women as mere chattels and objects of sexual pleasure possessing no rights or position whatsoever, these teachings of the Noble Qur'an were revolutionary. Unlike other religions, which regarded women as being possessed of inherent sin and wickedness and men as being possessed of inherent virtue and nobility, Islam regards men and women as being of the same essence created from a single soul. The Qur'an declares:

O mankind! Reverence your Guardian-Lord, who created you from a single person, created, of like nature, his mate, and from this pair scattered (like seeds) countless men and women. Reverence Allah, through Whom you demand your mutual (rights), and reverence the wombs (that bore you); for Allah ever watches over you. (4:1)

The Prophet of Islam (peace be upon him) said, "Women are the twin halves of men." The Qur'an emphasizes the essential unity of men and women in a most beautiful simile:

They (your wives) are your garment and you are a garment for them. (2:187)

Just as a garment hides our nakedness, so do husband and wife, by entering into the relationship of marriage, secure each other's chastity. The garment gives comfort to the body; so does the husband find comfort in his wife's company and she in his. "The garment is the grace, the beauty, the embellishment of the body, so too are wives to their husbands as their husbands are to them."

Islam does not consider woman "an instrument of the Devil", but rather the Qur'an calls her muhsana - a fortress against Satan because a good woman, by marrying a man, helps him keep to the path of rectitude in his life. It is for this reason that marriage was considered by the Prophet Muhammad (peace be upon him) as a most virtuous act. He said: "When a man marries, he has completed one half of his religion." He enjoined matrimony on Muslims by saying: "Marriage is part of my way and whoever keeps away from my way is not from me (i.e. is not my follower)." The Qur'an has given the raison d'être of marriage in the following words:

And among His signs is this, that He has created for you mates from among yourselves, that you may dwell in tranquillity with them; and He has put love and mercy between you. Verily in that are signs for those who reflect. (30:21)

The Prophet Muhammad (peace be upon him) was full of praise for virtuous and chaste women. He said:

"The world and all things in the world are precious but the most precious thing in the world is a virtuous woman. He once told the future khalif, 'Umar: "Shall I not inform you about the best treasure a man can hoard? It is a virtuous wife who pleases him whenever he looks towards her, and who guards herself when he is absent from her."

On other occasions the Prophet said:

"The best property a man can have is a remembering tongue (about Allah), a grateful heart and a believing wife who helps him in his faith." And again: "The world, the whole of it, is a commodity and the best of the commodities of the world is a virtuous wife."

Before the advent of Islam women were often treated worse than animals. The Prophet wanted to put a stop to all cruelties to women. He preached kindness towards them. He told the Muslims: "Fear Allah in respect of women." And: "The best of you are they who behave best to their wives." And: "A Muslim must not hate his wife, and if he be displeased with one bad quality in her, let him be pleased with one that is good." And:"The more civil and kind a Muslim is to his wife, the more perfect in faith he is."

The Prophet (peace be upon him) was most emphatic in enjoining upon Muslims to be kind to their women when he delivered his famous khutba on the Mount of Mercy at Arafat in the presence of one hundred and twenty-four thousand of his Companions who had gathered there for the Hajj al-Wada (Farewell Pilgrimage). In it he ordered those present, and through them all those Muslims who were to come later, to be respectful and kind towards women. He said:

"Fear Allah regarding women. Verily you have married them with the trust of Allah, and made their bodies lawful with the word of Allah. You have got (rights) over them, and they have got (rights) over you in respect of their food and clothing according to your means."

In Islam a woman is a completely independent personality. She can make any contract or bequest in her own name. She is entitled to inherit in her position as mother, as wife, as sister and as daughter. She has perfect liberty to choose her husband. The pagan society of pre-Islamic Arabia had an irrational prejudice against their female children whom they used to bury alive. The Messenger of Allah (peace be upon him) was totally opposed to this practice. He showed them that supporting their female children would act as a screen for them against the fire of Hell:

It is narrated by the Prophet's wife, 'A'isha, that a woman entered her house with two of her daughters. She asked for charity but 'A'isha could not find anything except a date, which was given to her. The woman divided it between her two daughters and did not eat any herself. Then she got up and left. When the Prophet (peace be upon him) came to the house, 'A'isha told him about what had happened and he declared that when the woman was brought to account (on the Day of Judgment) about her two daughters they would act as a screen for her from the fires of Hell.

The worst calamity for a woman is when her husband passes away and, as a widow, the responsibility of maintaining the children falls upon her. In the Eastern World, where a woman does not always go out to earn her living, the problems of widowhood are indescribable. The Prophet Muhammad (peace be upon him) upheld the cause of widows. Most of his wives were widows. In an age when widows were rarely permitted to remarry, the Prophet encouraged his followers to marry them. He was always ready to help widows and exhorted his followers to do the same. Abu Hurairah reported that the Prophet said: "One who makes efforts (to help) the widow or a poor person is like a mujahid (warrior) in the path of Allah, or like one who stands up for prayers in the night and fasts in the day."

Woman as mother commands great respect in Islam. The Noble Qur'an speaks of the rights of the mother in a number of verses. It enjoins Muslims to show respect to their mothers and serve them well even if they are still unbelievers. The Prophet states emphatically that the rights of the mother are paramount. Abu Hurairah reported that a man came to the Messenger of Allah (peace be upon him) and asked: "O Messenger of Allah, who is the person who has the greatest right on me with regards to kindness and attention?" He replied, "Your mother." "Then who?" He replied, "Your mother." "Then who?" He replied, "Your mother." "Then who?" He replied, "Your father."

In another tradition, the Prophet advised a believer not to join the war against the Quraish in defense of Islam, but to look after his mother, saying that his service to his mother would be a cause of his salvation. Mu'awiyah, the son of Jahimah, reported that Jahimah came to the Prophet (peace be upon him) and said, " Messenger of Allah! I want to join the fighting (in the path of Allah) and I have come to seek your advice." He said, "Then remain in your mother's service, because Paradise is under her feet."

The Prophet's followers accepted his teachings and brought about a revolution in their social attitude towards women. They no longer considered women as a mere chattels, but as an integral part of society. For the first time women were given the right to have a share in inheritance. In the new social climate, women rediscovered themselves and became highly active members of society rendering useful service during the wars which the pagan Arabs forced on the emerging Muslim umma. They carried provisions for the soldiers, nursed them, and even fought alongside them if it was necessary. It became a common sight to see women helping their husbands in the fields, carrying on trade and business independently, and going out of their homes to satisfy their needs.

'A'isha reported that Saudah bint Zam'ah went out one night. 'Umar saw her and recognized her and said, "By God, O Saudah, why do you not hide yourself from us?" She went back to the Prophet (peace be upon him) and told him about it while he was having supper in her room, and he said, "It is permitted by Allah for you to go out for your needs." The predominant idea in the teachings of Islam with regard to men and women is that a husband and wife should be full-fledged partners in making their home a happy and prosperous place, that they should be loyal and faithful to one another, and genuinely interested in each other's welfare and the welfare of their children. A woman is expected to exercise a humanizing influence over her husband and to soften the sternness inherent in his nature. A man is enjoined to educate the women in his care so that they cultivate the qualities in which they, by their very nature, excel.

These aspects were much emphasized by the Prophet (peace be upon him). He exhorted men to marry women of piety and women to be faithful to their husbands and kind to their children. He said:

"Among my followers the best of men are those who are best to their wives, and the best of women are those who are best to their husbands. To each of such women is set down a reward equivalent to the reward of a thousand martyrs. Among my followers, again, the best of women are those who assist their husbands in their work, and love them dearly for everything, save what is a transgression of Allah's laws."

Once Mu'awiyah asked the Prophet (peace be upon him), "What are the rights that a wife has over her husband?" The Prophet replied, " Feed her when you take your food, give her clothes to wear when you wear clothes, refrain from giving her a slap on the face or abusing her, and do not separate from your wife, except within the house." Once a woman came to the Prophet with a complaint against her husband. He told her: "There is no woman who removes something to replace it in its proper place, with a view to tidying her husband's house, but that Allah sets it down as a virtue for her. Nor is there a man who walks with his wife hand-in-hand, but that Allah sets it down as a virtue for him; and if he puts his arm round her shoulder in love, his virtue is increased tenfold." Once he was heard praising the women of the tribe of Quraish, "...because they are the kindest to their children while they are infants and because they keep a careful watch over the belongings of their husbands."

The Shari'ah regards women as the spiritual and intellectual equals of men. The main distinction it makes between them is in the physical realm based on the equitable principle of fair division of labor. It allots the more strenuous work to the man and makes him responsible for the maintenance of the family. It allots the work of managing the home and the upbringing and training of children to the woman, work which has the greatest importance in the task of building a healthy and prosperous society.

It is a fact, however, that sound administration within the domestic field is impossible without a unified policy. For this reason the Shari'ah requires a man, as head of the family, to consult with his family and then to have the final say in decisions concerning it. In doing so he must not abuse his prerogative to cause any injury to his wife. Any transgression of this principle involves for him the risk of losing the favor of Allah, because his wife is not his subordinate but she is, to use the words of the Prophet (peace be upon him), 'the queen of her house', and this is the position a true believer is expected to give his wife. In contrast to these enlightened teachings of Islam in respect of women, Western talk of women's liberation or emancipation is actually a disguised form of exploitation of her body, deprivation of her honor, and degradation of her soul!


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