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Women's Rights in Islam: Various Interpretations Printable Version PRINTABLE VERSION
by Saladin, Egypt Nov 29, 2003
Culture   Opinions
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Stereotyping Islam as a religion aiming to oppress women is a direct result of the abuse of Islam by some Muslim states, depending on the absolute respect given to religion by Muslim societies. In fact, Islamic law, if interpreted outside of its proper context, could be abused to justify and codify the violations of women's rights in Muslim societies and states in the name of religion, in order to achieve certain social and political goals. The central question that poses itself, is whether there already exists a space for women to enjoy their human rights under the umbrella of Islam, or whether in general, men "have a degree" over women in Islam (Abdul-Ati).

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?





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Writer Profile
Saladin


My name is Ayman el-Hakea, I am a Construction Engineering graduate from the American University in Cairo. My origins date to an interesting mixture of Yemeni, Moroccan, Albanian, and Egyptian ancestors. I always try to be a moderate Muslim, I like animation, geopolitics, comparative religion, and football. I like to be with "people"...and I hope my writing isn't boring for anyone.
Comments


I Like ...
Marwan Mohamed El Solaih Hamad Aly | Jul 8th, 2004
Your Islamic Soul ... really you have that golden mind about Islamic rights's . Keep it up ... u r really more than perfect . hope to be like u !



Ayman El Hakea | Mar 6th, 2005
I am just a humble guy, trying in vain to be a good Muslim...don't give me more than I deserve...



..
Marium Chowdhury | Apr 5th, 2006
Ayman..you knw ur a great guy masha Allah..so stop freaking out when people praise you..(lol)...no no..im serious..n ur writing is not boring at all..keep up the great work..and insha Allah you will be successful in all your ventures..take care...salam!. Marium..:)

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