Women Rights in Noble Islam ~ The Noble Islam

Women Rights in Noble Islam a Brief Topic

Women Rights in Noble 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.

Some of The Rights of Women in Islam

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.

Summary:

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 Allah (God) whose wisdom and knowledge are far beyond the ultimate in human thought and progress.

Source: www.islamswomen.com