Status of Women in Islam

The Status of Women in Islam
Dr. Jamal Badawi
I. INTRODUCTION
The status of women in society is neither a new
issue nor is it a fully settled one.
The position of Islam on this issue has been among
the subjects presented to the Western reader with
the least objectivity.
This paper is intended to provide a brief and
authentic exposition of what Islam stands for in
this regard. The teachings of Islam are based
essentially on the Quran (God's revelation) and
Hadith (elaboration by Prophet Muhammad).
The Quran and the Hadith, 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 Quranic 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 Biblical 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 Biblical: "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 Son 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...". [Noble
Quran 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
Quran 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)..." [Noble Quran
7:189]
"The Creator of heavens and earth: He has made for
you pairs from among yourselves" [Noble Quran
42:11]
"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?" [Noble
Quran 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 Quran provides clear-cut evidence that woman is
completely equated with man in the sight of God in
terms of her rights and responsibilities. The Quran
states:
"Every soul will be (held) in pledge for its deeds"
[Noble Quran 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..." [Noble Quran 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 their actions." [Noble Quran
16:97, see also 4:124]
Woman according to the Quran is not blamed for
Adam's first mistake. Both were jointly wrong in
their disobedience to God, both repented, and both
were forgiven. [Noble Quran 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 (peace and blessings be upon him) and
thereafter attendance at 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 Quran 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." [Noble
Quran 81:8-9]
Criticizing the attitudes of such parents who reject
their female children, the Quran 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?" [Noble Quran 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 (peace and blessings be upon
him) 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 Hadith 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
(peace and blessings be upon him) said:
"Seeking knowledge is mandatory for every Muslim".
[Al-Bayhaqi]
Muslim as used here including both males and
females.
b) As a wife:
The Quran clearly indicates that marriage is sharing
between the two halves of the society, and that its
objectives, besides perpetuating human life, are
emotional well-being and spiritual harmony. Its
bases are love and mercy.
Among the most impressive verses in the Quran
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." [Noble Quran 30:21]
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 (peace and blessings
be upon him), 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 Majah, 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 Quran thus states:
"...And they (women) have rights similar to those
(of men) over them, and men are a degree above
them." [Noble Quran 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 Quran 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..." [Noble Quran 2:233]
Over and above her basic rights as a wife comes the
right which is emphasized by the Quran and is
strongly recommended by the Prophet (peace and
blessings be upon him); kind treatment and
companionship.
The Quran 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." [Noble Quran
4:19]
Prophet Muhammad (peace and blessings be upon
him) 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 Quran 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)..." [Noble Quran 2:231] [See also Quran
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..." [Noble Quran 31:14] [See also Quran
46:15, 29:8]
Moreover, the Quran 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..." [Noble
Quran 17:23]
A man came to Prophet Muhammad (peace and
blessings be upon him) asking:
O Messenger of God, who among the people is the
most worthy of my good company? The Prophet
(peace and blessings be upon him) said, Your
mother. The man said then who else: The Prophet
(peace and blessings be upon him) said, Your
mother. The man asked, Then who else? The Prophet
(peace and blessings be upon him) said, Your
mother. The man asked, Then who else? Only then did
the Prophet (peace and blessings be upon him) say,
Your father. [Al-Bukhari and Muslim]
A famous saying of the Prophet (peace and blessings
be upon him) is: "Paradise is at the feet of
mothers." [In An-Nasa'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-Hanifah and At-Tabari 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." [Noble Quran 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 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 Quran and in Islamic history we find examples
of women who participated in serious discussions
and argued even with the Prophet (peace and
blessings be upon him) himself (see the Noble Quran
58:14 and 60:10-12).
During the Caliphate of 'Umar 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 'Umar is wrong."
Although not mentioned in the Quran, one Hadith of
the Prophet is interpreted to make woman ineligible
for the position of head of state. The Hadith
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 a 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
Quran 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 professed to be
Muslims.
Such deviations were unfairly exaggerated by some
writers, and the worst of this, were superficially
taken to represent the teachings of "Islam" to the
Western reader without taking the trouble to make
any original and unbiased study of the authentic
sources of these teachings.
Even with such deviations three facts are worth
mentioning:
The history of Muslims is rich with women of great
achievements in all walks of life from as early as the
seventh century (A.D.)
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.
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
especially during the two world wars, and due to the
escalation of technological change.
In the case of Islam such compassionate and
dignified status was decreed, not because it
reflects the environment of the seventh century, nor
under the threat or pressure of women and their
organizations, but rather because of its intrinsic
truthfulness.
If this indicates anything, it would demonstrate the
divine origin of the Quran and the truthfulness of
the message of Islam, which, unlike human
philosophies and ideologies, was far from proceeding
from its human environment, a message which
established such humane principles as neither grew
obsolete during the course of time and after these
many centuries, nor can become obsolete in the
future. After all, this is the message of the All-Wise
and All-Knowing God whose wisdom and knowledge
are far beyond the ultimate in human thought and
progress.
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The Holy, Quran: Translation of verses is heavily
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'Abd Al-Ati, Hammudah, Islam in Focus, The
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Allen, E. A., History of Civilization, General
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Al Siba'i, Mustafa, Al-Alar'ah Baynal Fiqh Walqanoon
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Cairo, U.A.R., 1952, Vol.l, Sunan al-Tirmidhi, Vol.3.
Mace, David and Vera, Marriage: East and West,
Dolphin Books, Doubleday and Co., Inc., N.Y., 1960.

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