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Women's Rights in Islam: Various Interpretations Printable Version PRINTABLE VERSION
by Saladin, Egypt Nov 29, 2003
Culture   Opinions

  


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 .







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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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