[wvns] Gender Equity in Islam
Gender Equity in Islam
Jamal A. Badawi, Ph.D.
World Assembly of Muslim Youth
http://whyislam.org/877/Gender_Issues/Gender_Equity.asp
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 He 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.
5. 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]).
6. 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
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