If some people are arguing that Islam ensures equity between men and women in both rights and duties, then what does it mean when the Qur'an, which is the standard revelatory source of Islamic Law, says: "And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage in some cases of inheritance) over them," (Qur'an 2:228). How would those people explain the meaning of that "degree" that men have over women? Is it because of that revelatory verse that some Muslim societies until now treat women as second-degree creatures in the name of Islam? What is this "degree"? There are different views about it.
One strict view is that it means that qualities of leadership, surveillance and maintenance are bestowed only upon men. Another moderate view is that it signifies the tolerance with which men must treat their wives even when they are in extremely bad moods. Yet another view is that it is man's natural gift from God to judge matters relating to his family and manage the problems affecting it. Hammuda Abdul-Ati, an Egyptian PhD at Al-Azhar Islamic University, provides a very interesting interpretation of that verse, when he says that this degree is neither a title of supremacy nor an authorization of dominance over women, but is to correspond with the extra responsibilities of men, and to give them some compensation for their familial duties. Thus, "it is the extra responsibilities that give man a degree over woman in some economic aspects," and that degree "is not a higher degree in humanity or in character, nor is it a dominance of one over the other or suppression of one by the other" (Abdul-Ati).
In addition, Sheikh Abdur-Rahman Doi, Professor of Islamic Law in the International Islamic University of Malaysia, introduces what Sheikh Muhammad 'Abduh, who was known as one of the earliest Muslim women liberators, has argued. 'Abduh says that it does not mean that every man is generally better than every woman or vice versa, but it is an indication that "each sex, in general, has some preferential advantage over the other, though men have a degree over women" in financial duties and responsibilities particularly, provided that men must possess the four elements of familial responsibility or guardianship, which are protection, surveillance, custody, and maintenance (qtd. in Doi). Hence, it might be understandable then, when we hear that in Islam, "a woman inherits half of the man and the man inherits twice as much as the woman because he has to take care of all women in his family." Moreover, her part of the inheritance is considered as her fully-owned property (Al-Disuqi).
An Islamic researcher called Dr. Mohamed Saad told a useful story once:
A brother and sister inherited such that the sister got half of what her brother had got; according to Islamic Shari'a, at the same time, another brother and sister inherited in the same way... then, the first brother was married to the second sister, and the second brother was married to the second sister, so that at the end each of the new families had equal shares!
On the other hand, Jamal Badawi, a PhD at Indiana State University, says that in some cases indeed, women have certain advantages and yet "degrees" also over men. For example, the Muslim woman is exempted from daily prayers, from fasting during her menstrual periods and during the forty days following childbirth. She is also exempted from fasting during her pregnancy and from nursing her baby if there is any threat to her health or her baby's. If she misses the obligatory fasting (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 previous reasons. Although women can and did enter mosques during the days of the prophet, their attendance at the Friday prayers is optional for them while it is mandatory for men (Badawi).
The existence of some specific women's rights in Islam is now obvious, and provided with a good argument, but how about polygamy in Islam? Is it true that a Muslim man has the right to marry up to four wives? Where is equity, then? What does it mean when the Qur'an states that a Muslim man, if he has the potential, can choose to marry one or two or three, or even four women (Badawi)? Does it mean that women are that marginalized and humiliated by the name of the religion?
To be fair, let us hear what Islamic searchers and thinkers say about that, keeping in mind that polygamy existed in several cultures before the appearance of Islam. Therefore, "associating polygamy with Islam, as if it were introduced by it or is the norm according to its teachings, is one of the most persistent myths" (Badawi). This is supposed to mean that while monogamy represents a universal tradition, polygamy represents a universal special case, or exception. Taking this into consideration, we can find that Islam has regulated polygamy, and furthermore restricted it by mandatory conditions that the husband must afford, like justice and financial capabilities, without outlawing it. Moreover, Islam did not make polygamy as an obligatory task, but as an optional but not encouraged matter. The wisdom of permitting polygamy, as Badawi thinks, lies in dealing with special contingencies and imbalances between the number of males and females created by frequent wars, for example. Thus, polygamy in such special cases provides a humanitarian practical solution to the problems of widows and orphans, who would otherwise be economically and socially vulnerable (Badawi).
This interpretation of polygamy in Islam is quite logical, but why did the Prophet of Islam marry more than four wives? Is this a violation of a religion's principle by its own prophet? One may reply to this by saying that the prophet of Islam has certain advantages over the rest of Muslims. Another more logical one might say that the prophet did not choose to marry except in his first marriage to Khadeejah, and that in all other cases there were direct verses in the Qur'an that ordered the prophet to marry certain women belonging to different tribes, in order to maintain peace and unity between Muslim tribes who were in continuous conflicts before Islam--knowing that the new Muslims were following their prophet in that peace process.
A third might say that between the twelve wives of the prophet, there were Jews and Christians, which means that God allows Muslims to marry Jews and Christians, by a vivid example (Al-Tamimi).
Hence, in order to understand the real purpose behind the number of the prophet's wives, we shall stick to the last two points, and we can see that they indicate a very further vision that aims to achieve some crucial objectives, which exceed in their importance a lonely case of polygamy, and we can also feel the wisdom behind this. Doi adds also that a Muslim wife is allowed to "stipulate in the marital agreement that she too will have the right to divorce or that she will keep the marriage bond only so long as she remains the only wife" (quoted in Doi).
Another central issue should be examined--whether a Muslim man's testimony in a court is counted as equal to the testimony of two Muslim women. If we examine the two basic revelatory sources of Islamic Law, which are the Qur'an and the Sunnah (i.e. Prophetic narrations), we can hear various interpretations, ranking from fundamentalist to moderate, of a Qur'anic verse that translates as follows: "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 God has taught him, so let him write. Let him who incurs the liability dictate, but let him fear his Lord, God, and not diminish aught of what he owes. If the party liable is mentally deficient, weak, or unable 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 more just in the sight of God, more suitable as evidence, and more convenient to prevent doubts among yourselves, but if it be a transaction wich you carry out on the spot among yourselves, there is not 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 God, for it is He who teaches you. And God is well acquainted with all things" (Qur'an 2:282).
Some Muslim men consider this verse religious evidence that women are mentally deficient, and they use some prophetic narrations from non-reliable sources, which they claim to indicate the superiority of man over woman, because of the latter's mental deficiency. Moderate Muslim thinkers see that the meaning of that verse should not be interpreted while neglecting other verses that bring up the same issue, and while forgetting the definite context of that verse (Badawi). Hence, if we examine other verses of the Qur'an that deal with testimony, we find one that equates clearly between the testimony of men and women, and translates as follows: "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 God that they are solemnly telling the truth; and the fifth (oath) (should be) that they solemnly invoke the curse of God on themselves if they tell a lie. But it would avert the punishment from the wife if she bears witness four times (with an oath) by God that (her husband) is telling a lie; and the fifth (oath) should be that she solemnly invokes the wrath of God on herself if (her accuser) is telling the truth"(Qur'an 24:6-9). Therefore, Al-Tabari, the Abbasid Muslim thinker, finds that the first verse explains witnessing business deals, which is considered as a special case of testimony. He is logical when he states that the reason behind the extra female witness is to corroborate the first female's witness and prevent unintended errors in the perception of the business deal. But are females the only gender that may err and need corroboration of their testimony? Badawi rejects this completely, and gives a similar interpretation, which is that women generally in numerous societies, past and present, may not be heavily involved with and experienced in business transactions. Therefore, corroboration of a woman's testimony by another woman who may be present ensures accuracy, and consequently justice. It would be unreasonable to interpret this requirement as a reflection on the worth of women's testimony, as it is the only exception found in the text of the Qur'an .
"This may be one reason why a great scholar like Al-Tabari could not find any evidence from any revelatory source (Qur'an or Sunnah) to exclude women from something as important as testimony: being herself a judge who hears and evaluates the testimony of others" (qtd. in Badawi). Another strong argument states that the first Qur'anic verse indicates that the number of witnesses shall either be two males, or a male and two females. The same reason, which is the assertion of the testimony, and the prevention of error, is behind the need of two male witnesses also. Moreover, the most crucial aspect of Islamic Law is its ability to be adapted to social and historical changes, without escaping from the spirit of Islam. Badawi states that if the general rule in Islamic testimony fully equates between men and women, an exception occurs in the case of business testimony. Therefore, in a similar manner, exceptions may occur in the case of business testimony, when a woman's testimony could be more valuable than a man's testimony, due to her educational or experimental superiority in lots of domain during the contemporary history. He states on the principle of "Ijtihad", which means the collective search in Islamic sources in order to afford a certain flexibility to Islamic Law, to let it match the social, economic, geographical and historical variations (Badawi).
While some consider the standing of Muslim women behind men in prayers a practical evidence that women under Islam, are excluded and humiliated, even in matters regarding their spiritual rights, other see that the explanation of this fact requires a simple knowledge about the nature of Islamic daily prayers, which involve actions, motions, standing, bowing, and prostration. Consequently, "if men mix with women in the same lines, it is possible that something disturbing or distracting may happen. The mind will become occupied by something alien to prayer and derailed from the clear path of mediation" (qtd. in Abdul-Ati). Hence, "to avoid any embarrassment and distraction to help concentrate on mediation and pure thoughts, to maintain harmony and order among worshippers, to fulfill the true purposes of prayers, Islam has ordained the organization of rows, whereby men stand in front lines, and women behind them"(qtd. in Abdul-Ati).
One may oppose this opinion by claiming that Abdul-Ati's argument justifies only the separation between men and women in prayers, but does not justify the standing of women behind men. A possible response to this is that the congregational prayers (i.e. prayers at mosques), are obligatory for men, and optional for women, who are allowed to pray at home in order to look after her children. Moreover, the mother has a task in adapting her children to prayer, by accompanying them to the mosque for example. In perhaps every mosque today, there exists a part for women, and a part for men. Even in the women's part, mothers who bring their children stand with them in the back, in order to prevent the other women from any distraction that children may often cause. Another reason behind the standing of women in the back, is simply preventing them from any embarrassment caused by the uncover of certain parts of her body, unwillingly, due to the various actions, motions, standings, bowings, and prostrations that have to be done in the Muslim prayers (Abdul-Ati).
Reform from within Muslim societies is needed, first by education, knowing that from 1.5 billion Muslims today, there are 900 million who are illiterate, and from the remaining 600 million, only 200 million knows Arabic, which is the language of the Qur'an, the holy book of Islam. Education is the most important key that will lead Muslims, at least individual males and females within the societies, to explore more about their religion, and know the real position of women in Islam which is currently unknown by that terrible number of illiterate Muslims. Hence, "The Muslim woman, if she is true to the principles of her religion, has lessons in equality to teach the westerner, and her descendants in the east have to learn anew the role demanded of them by their religion" (Al- Faruqi). Taking into consideration the relative impossibility of changing countries' political agendas, we shall know that in order to fill the gap between women's rights afforded by Islam, and women's rights afforded by at least the Muslim societies, Muslim males and females will have to accept that in Islam, "the general rule in social and political life is participation and collaboration of males and females in public affairs (Badawi).
----------------------------------------------------------
Works Cited
Abdul-Ati, Hammuda. "Women's Status in Islam". From Islam in Focus. Plainfield: American Trust Publications, 1994.
Al-Disuqi, Rasha. The Resurgent Voice of Muslim Women. Cardiff: Black Stone Press, 1999.
Al-Faruqi, Lois Lamya. Women, Muslim Society, and Islam. Trenton: Prentice Hall College Div, July 1986.
Ali, Mary, et al. "Women's Liberation Through Islam." Diss. Institute of Islamic Information and Education, 1996.
Al-Tahlawi, Lubna W. "Privileges of Saudi Women." Arabnews. 29 Oct. 2002
Al-Tamimi, Ali. "Islam-Elevation of Women's Status". Chicago: Jannah, 1997. Online. Sisters. Internet. 20 April 2003. www.jannah.org
Badawi, Jamal. Gender Equity in Islam: Basic Principles. Plainfield: American Trust Publications, 1995.
Badawi, Jamal. "The Status of Women in Islam." 8.2 Al-Ittihad. 1971.
Doi, Abdur-Rahman I. "Women in Shari'ah (Islamic Law)." Diss. International Islamic U of Malaysia, 1992.
Leila, Reem. "Their Mother's Country." Al-Ahram Weekly. 10-16 Jan. 2002. 568
Why the veil? Is it a religious requirement or a cultural influence? Those are questions frequently posed in most non-Muslim societies. Before all, let us examine what Islamic revelatory sources, and Muslim searchers say about the veil. The prophet of Islam once said:"It is not lawful for any woman who believes in Allah (Note: Allah is an Arabic translation of the English word God) and the Last Day that she should uncover her hand more than this, and then he placed his hand on his wrist," and he said also on another occasion: "When a woman reaches puberty no part of her body should remain uncovered except her face and the hand up to the wrist joint"(qtd. in Doi). It is clear then that the type of veil indicated in the previous prophetic narrations is a requirement by Islam, and neither traditional nor cultural influence. But again, why the veil? Abdul-Ati states that it is Islamic that women beautify themselves with the veil of honor, dignity, charity, purity, and integrity, and that women should refrain from all deeds and gestures that might stir the passions of people other than her legitimate husband or can cause evil assumptions about her morality. "The veil which she must put on is one that can save her soul from weakness, her mind from indulgence, her eyes from lustful looks, and her personality from demoralization"(qtd. in Abdul-Ati). As we can see, the description of the veil, as well as its purpose is far apart from violating women's rights. However, the complete veil (which is father or husband-imposed in most cases) worn by many women in various Muslim countries might rise an important questioning about the freedom given to Muslim women to choose to be veiled or unveiled. Have all the great numbers of veiled teenage girls and women in Muslim societies chosen the veil out of sense of faith, or because their fathers or husbands obliged them?
Certainly, both kinds of women exist. The fact that some Muslim men impose the veil on their daughters or wives doesn't prove that this is Islamic. The Qur'an states: "There is no compulsion in religion. Right has been made distinct from error" (Qur'an 2:256). Therefore, to oblige someone to do a religious task is not Islamic (Ali et al.). That might be the reason behind which Islam does not impose any sort of penalty upon unveiled women. It is extremely confusing, however, when we examine the obligatory and complete veil or (Niqab) that covers all the body, imposed by the state in cases like Saudi Arabia and Iran, and the different kind of veil stated in numerous prophetic narrations. Accordingly, the most interesting fact that we should know is that Islam obliges men to cover there bodies from the abdomen to the knee.
The previous example of the obligatory Niqab imposed by Muslim Governments leads us to many other examples of supposedly-Islamic-based laws in various Muslim countries, dealing with extremely sensitive issues directly related to women's rights. This strange situation has lead Rasha al-Disuqi, Phd in Islamic Studies, University of Wales, to state: "If we examine the rights that are supposed to be given as compared to the rights that are being given and practiced, we will find that we are far behind the 7th century!"(qtd. in Al-Disuqi). The example of the public elections for the Saudi Parliament is an interesting one. Islam has given the right to women to voice their opinion and participate in politics 1400 years ago.
The prophet of Islam was ordered in the Qur'an to ratify and accept the oath of various women who went to him and declared their Islam, as stated in the Qur'an (60:12). Hence, "This established the right of women to select their leader publicly and declare so" (qtd. in Ali etal.) Illogically, and added to the obligatory Niqab, we find that the Saudi Government deprive Saudi women from their right to vote in public elections. Moreover, while women were riding on horses and camels freely at the time of prophecy, and even participating in battles, "the Saudi Government doesn't allow Saudi women to get driving licenses" (qtd. in Al-Tahlawi). The only possible explanation of these facts, is that the Saudi Government tries, after veiling women's bodies, to veil their basic and essential freedoms, in order to control, by selective religion-based arguments, the half of the Saudi people.
In a quite similar manner, but in Egypt, "the wives and children of Egyptian men are granted Egyptian Citizenship automatically, but Egyptian women cannot pass their nationality on to anyone"(qtd. in Leila). The Islamic-based argument of the authorities here depends on an issue that has nothing to do with citizenship, which is legislation. A Qur'anic verse that states that children must be named after their father is taken by the Government as an Islamic authorization of the establishment of such citizenship law. Hence, not only did the Egyptian authority abuse Islam to relate Islamic nomenclature of children with their citizenship, but also it did not give any justification for the favoring of foreign women over Egyptian women. Some Muslim and secular Egyptian thinkers find that the use of any religious-based law in such a way, is not applicable in cases of non-Muslim minorities for example, who do not believe in Islam. Fortunately the application of this law has been ended in September 2003, after long years of injustice.
The most severe example of supposedly-Islamic-based laws were those of the former Taliban regime in Afghanistan. Women were obliged to remain inside their houses. Added to the obligatory Niqab, education was forbidden to females, while the prophet of Islam says: "Seeking knowledge is mandatory for every Muslim, male and female"(qtd. in Badawi). The prophet made it a point of duty for every father and mother to make sure that their daughters (and sons also) did not remain ignorant of the teachings of Islam because they would, after the marriage, have to play important roles as housewives and as mothers of children (Doi). These were very few examples of how an image of a religion can be darkened and twisted because of the political, cultural and authoritative motives of policy-makers and societies.
In conclusion, the great gap between the rights that are supposed to be given to women by Islam, and the rights that are given to them now by Muslim states who work on implementing their own agendas, and by Muslim societies who are still under the influence of their pre-Islamic male-dominant cultures, exists and impacts both Muslim and non-Muslim societies.
« return.