Cyber-Blessing:
Arrival of information technology in India allows women professionals to work from home
By M. H. Lakdawala
THEY say you can't have your cake and eat it too. But for some women in India, it now looks as if you can. Countries opting for flex time or telecommuting have found that the system has thrived, and one of the best spin offs has proven to be for women working flex time. The quality of their family lives has often improved radically under the new working arrangements.
Flex time means no fixed working hours, no need to go to the office, and working from one’s residence at a convenient time. Already, one-third of American households have at least one person performing compensated work at home for at least one day each week. Thanks to new technology and the changing nature of work itself, fully 60 per cent of the workforce today perform jobs for which physical location is no longer critical. The geographic same-time-same-place workplace is being replaced by anytime-anywhere-workspaces.
The trend is gradually catching up in India.
Razia Patel has been in the hotel industry for 15 long years and had worked full-time. So when an option was pointed out by Redforwomen, a portal enrolling women for flex-time jobs, she thought she could see what it would do to change her working conditions. “Honestly, I needed a different work style - one in which I could work on my own terms and make the kind of money I wanted for myself," said Razia. "I also wanted to spend more time at home with my daughter and generally make time to do all the things I’ve missed out in life like learning embroidery and improving my existing skills like taking a HR course. Basically getting the maximum out of life."
What are the different types of flexi-time opportunities?
Consulting or project work: Utilising self employed professionals for long or short-term projects. Usually research and skill-based qualifications complement project work. Consultant positions would be retainerships with companies at medium or senior level management. Retainers can come in thrice a week, and manage the rest of the work from home, so they end up doing only 20 per cent less work than their full time employees. This is also because retainers are focused on meeting deadlines, and hence do not get involved in other office nitty-gritty, which full time employees generally find unavoidable.
Telecommuting: Permits some portion or even the employee’s entire job to be completed from home. This could be ideal for a stock market analyst, a media planner, a creative person in an ad agency, or a tele-sales executive.
Selling: Selling forms a large part of flex-time opportunities. Primarily, companies like Levers, Herbal Life, and Amway are looking for women to sell their products through their social groups.
Other categories of flexi-time opportunities are: art, paintings and craft, beauty products, beauty therapy, career counselling, communication, cookery classes, catering services data entry, education, fashion designinng, fashion exports, fashion retailing, fitness classes, footwear, furniture, gifts, greetings, hardware, interior design, jewellery, kidswear, match making, media, medical advice, miscellaneous research projects, selling stationary, tele-marketing, travel writers etc.
Zarina Memon operates from her home-office, helping clients plan and book their vacations. As an independent travel agent, she has a tie-up with a host agency and books airline tickets for them, of course for a percentage of commission. “There is neck-and-neck competition in this career," Zarina says. "Women who want to work on their own hours can represent different hotels or resorts and holidays can be arranged for them in collaboration with the hosting hotel or resort. Spending on travel and leisure is never expected to decrease so a world of opportunities is open for travel agents.”
Aliya Khan has embarked on a flex-time job by doing a part time diploma in public relations. She has approached business houses, government agencies, schools, hospitals, and other organisations. She earns money raising a client’s profile or by disseminating information on a client’s behalf. As much of the work involves calling up and writing, Aliya does her work at home, on part time basis.
Sania Punwani, a post graduate in Microbiology, is working as technical writer for a British firm. Her job involves translating scientific and technical jargon for consumers into simplified and plain English, by creating manuals, tutorials, and user documents for products ranging from computers to medical devices to household appliances. “This is an interesting job because technology is undergoing radical changes everyday and you would be abreast with the latest technology breakthroughs. Flexibility is the key word in this kind of job. You could work when and where you want to,”said Sania.
Farida Tankiwala, a diploma in hotel management from the Dadar catering college, Mumbai, has delivered her second daughter Sakina by Caesarean barely two months ago. But she is already back to work - at her residence. The job: Farida is a counsellor for overseas education specialising in admissions to hotel management programmes in various Australian universities. Sitting in a drawing room which has been transformed into an office, she advises students how to fill out forms, documents to go with them, manner of dispatching, and even what to carry when heading for the Down Under. The best thing about the job, according to Farida: “It is absolutely flex time. I can work out of home completely. And even while I do that, I can keep in touch with my profession and the industry.” Flex time is a good concept which needs active promotion in the community. It can be a powerful tool to empower the deprived section of the community, especially women. The need is to spread computer literacy and internet training by opening centres offering subsidized and if possible free computer training for women.
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Monday, 28 February 2011
Islamic Traditions and the Feminist Movement: Confrontation or Cooperation?
Islamic Traditions and the Feminist Movement: Confrontation or Cooperation?
By Dr. Lois Lamya' al Faruqi
Whether living in the Middle East or Africa, in Central Asia, in Pakistan, in Southeast Asia, or in Europe and the Americas, Muslim women tend to view the feminist movement with some apprehension. Although there are some features of the feminist cause with which we as Muslims would wish to join hands, other features generate our disappointment and even opposition. There is therefore no simple or "pat" answer to the question of the future cooperation or competition which feminism may meet in an Islamic environment.
There are however a number of social, psychological, and economic traditions which govern the thinking of most Muslims and which are particularly affective of woman's status and role in Islamic society. Understanding these can help us understand the issues which affect male and female status and roles, and how we should react to movements which seek to improve the situation of women in any of the countries where Muslims live.
THE FAMILY SYSTEM:
One of the Islamic traditions which will affect the way in which Muslim women respond to feminist ideas is the advocacy in Islamic culture of an extended rather than a nuclear family system. Some Muslim families are "residentially extended" - that is, their members live communally with three or more generations of relatives (grandparents, parents, uncles, aunts, and their offspring) in a single building or compound. Even when this residential version of the extended family is not possible or adhered to, family connections reaching far beyond the nuclear unit are evident in strong psychological, social, economic, and even political ties. Mutual supports and responsibilities affecting these larger consanguine groups are not just considered desirable, but they are made legally incumbent on members of the society by Islamic law. The Holy Quran itself exhorts to extended family solidarity; in addition it specifies the extent of such responsibilities and contains prescriptive measures for inheritance, support, and other close interdependencies within the extended family.[1]
Our Islamic traditions also prescribe a much stronger participation of the family in the contracting and preservation of marriages. While most Western feminists would decry family participation or arranged marriage as a negative influence because of its apparent restriction of individualistic freedom and responsibility, as Muslims we would argue that such participation is advantageous for both individuals and groups within the society. Not only does it ensure marriages based on sounder principles than physical attraction and sexual infatuation, but it provides other safeguards for successful marital continuity. Members of the family provide diverse companionship as well as ready sources of advice and sympathy for the newly married as they adjust to each others' way. One party of the marriage cannot easily pursue an eccentric course at the expense of the spouse since such behavior would rally opposition from the larger group. Quarrels are never so devastating to the marriage bond since other adult family members act as mediators and provide alternative sources of companionship and counsel following disagreements. The problems of parenting and generational incompatibility are also alleviated, and singles clubs and dating bureaus would be unnecessary props for social interaction. There is no need in the extended family for children of working parents to be unguarded, unattended, or inadequately loved and socialized because the extended family home is never empty. There is therefore no feeling of guilt which the working parent often feels in a nuclear or single-parent organization. Tragedy, even divorce, is not so debilitating to either adults or children since the larger social unit absorbs the residual numbers with much greater ease than a nuclear family organization can ever provide.
The move away from the cohesiveness which the family formerly enjoyed in Western society, the rise of usually smaller alternative family styles, and the accompanying rise in individualism which many feminists advocate or at least practice, are at odds with these deep-rooted Islamic customs and traditions. If feminism in the Muslim world chooses to espouse the Western family models, it should and would certainly be strongly challenged by Muslim women's groups and by Islamic society as a whole.
INDIVIDUALISM VS. THE LARGER ORGANIZATION:
The traditional support of the large and intricately interrelated family organization is correlative to another Islamic tradition which seems to run counter to recent Western trends and to feminist ideology. Islam and Muslim women generally advocate molding of individual goals and interests to accord with the welfare of the larger group and its members. Instead of holding the goals of the individual supreme, Islam instills in the adherent a sense of his or her place within the family and of a responsibility to that group. This is not perceived or experienced by Muslims as repression of the individual. Other traditions which will be discussed later guarantee his or her legal personality. Feminism, therefore, would not be espoused by Muslim women as a goal to be pursued without regard for the relation of the female to the other members of her family. The Muslim woman regards her goals as necessitating a balance with, or even subordination to, those of the family group. The rampant individualism often experienced in contemporary life, that which treats the goals of the individual in isolation from other factors, or as utterly supreme, runs against a deep Islamic commitment to social interdependence.
DIFFERENTIATION OF SEX ROLES:
A third Islamic tradition which affects the future of any feminist movement in an Islamic environment is that it specifies a differentiation of male and female roles and responsibilities in society. Feminism, as represented in Western society, has generally denied any such differentiation and has demanded a move toward a unisex society in order to achieve equal rights for women. By "unisex society," I mean one in which a single set of roles and concerns are given preference and esteem by both sexes and are pursued by all members of the society regardless of sex and age differentials. In the case of Western feminism, the preferred goals have been those traditionally fulfilled by the male members of society. The roles of providing financial support, of success in career, and of decision making have been given overwhelming respect and concern while those dealing with domestic matters, with child care, with aesthetic and psychological refreshment, with social interrelationships, were devalued and even despised. Both men and women have been forced into a single mold which is perhaps more restrictive, rigid and coercive than that which formerly assigned men to one type of role and women to another.
This is a new brand of male chauvenism with which Islamic traditions cannot conform. Islam instead maintains that both types of roles are equally deserving of pursuit and respect and that when accompanied by the equity demanded by the religion, a division of labor along sex lines is generally beneficial to all members of the society.
This might be regarded by the feminist as opening the door to discrimination, but as Muslims we regard Islamic traditions as standing clearly and unequivocally for the support of male-female equity. In the Quran, no difference whatever is made between the sexes in relation to God. "For men who submit [to God] and for women who submit [to God], for believing men and believing women, for devout men and devout women, for truthful men and truthful women, for steadfast men and steadfast women, for humble men and humble women, for charitable men and charitable women, for men who fast and women who fast, for men who guard their chastity and women who guard, for men who remember God much and for women who remember - for them God has prepared forgiveness and a mighty reward" (33:35). "Whoever performs good deeds, whether male or female and is a believer, We shall surely make him live a good life and We will certainly reward them for the best of what they did" (16:97).[2]
It is only in relation to each other and society that a difference is made - a difference of role or function. The rights and responsibilities of a woman are equal to those of a man, but they are not necessarily identical with them. Equality and identity are two different things, Islamic traditions maintain - the former desirable, the latter not. Men and women should therefore be complementary to each other in a multi-function organization rather than competitive with each other in a uni-function society.
The equality demanded by Islamic traditions must, however, be seen in its larger context if it is to be understood properly. Since Muslims regard a differentiation of sexual roles to be natural and desirable in the majority of cases, the economic responsibilities of male and female members differ to provide a balance for the physical differences between men and women and for the greater responsibility which women carry in the reproductive and rearing activities so necessary to the well-being of the society. To maintain, therefore, that the men of the family are responsible for providing economically for the women or that women are not equally responsible, is not a dislocation or denial of sexual equity. It is instead a duty to be fulfilled by men as compensation for another responsibility which involves the special ability of women. Likewise the different inheritance rates for males and females, which is so often sited as an example of discrimination against women, must not be seen as an isolated prescription.[3] It is but one part of a comprehensive system in which women carry no legal responsibility to support other members of the family, but in which men are bound by law as well as custom to provide for all their female relatives.
Does this mean that Islamic traditions necessarily prescribe maintaining the status quo in the Islamic societies that exist today? The answer is a definite "No." Many thinking Muslims - both men and women - would agree that their societies do not fulfill the Islamic ideals and traditions laid down in the Quran and reinforced by the example and directives of the Prophet Muhammad, salallahu alehi wasallam. It is reported in the Quran and from history that women not only expressed their opinions freely in the Prophet's presence but also argued and participated in serious discussions with the Prophet himself and with other Muslim leaders of the time (58:1). Muslim women are known to have even stood in opposition to certain caliphs, who later accepted the sound arguments of those women. A specific example took place during the caliphate of 'Umar ibn al Khattab.[4] The Quran reproached those who believed woman to be inferior to men (16:57-59) and repeatedly gives expression to the need for treating men and women with equity (2:228, 231; 4:19, and so on). Therefore, if Muslim women experience discrimination in any place or time, they do not and should not lay the blame on Islam, but on the un-Islamic nature of their societies and the failure of Muslims to fulfill its directives.
SEPARATE LEGAL STATUS FOR WOMEN:
A fourth Islamic tradition affecting the future of feminism in Muslim societies is the separate legal status for women which is demanded by the Quran and the Shari'ah. Every Muslim individual, whether male of female, retains a separate identity from cradle to grave. This separate legal personality prescribes for every woman the right to contract, to conduct business, to earn and possess property independently. Marriage has no effect on her legal status, her property, her earnings - or even on her name. If she commits any civil offense, her penalty is no less or no more than a man's in a similar case (5:83; 24:2). If she is wronged or harmed, she is entitled to compensation just like a man (4:92-93; see also Mustafa al Siba'i 1976:38; Darwazah n.d.:78). The feminist demand for separate legal status for women is therefore one that is equally espoused by Islamic traditions.
POLYGYNY:
Although the taking of plural wives by a man is commonly called polygamy, the more correct sociological designation is polygyny. This institution is probably the Islamic tradition most misunderstood and vehemently condemned by non-Muslims. It is one which the Hollywood stereotypes "play upon" in their ridicule of Islamic society. The first image conjured up in the mind of the Westerner when the subject of Islam and marriage is approached is that of a religion which advocates the sexual indulgence of the male members of the society and the subjugation of its females through this institution.
Islamic tradition does indeed allow a man to marry more than one woman at a time. This leniency is even established by the Quran (4:3).[5] But the use and perception of that institution is far from the Hollywood stereotype. Polygyny is certainly not imposed by Islam; nor is it a universal practice. It is instead regarded as the exception to the norm of monogamy , and its exercise is strongly controlled by social pressures.[6] If utilized by Muslim men to facilitate or condone sexual promiscuity, it is not less Islamically condemnable than serial polygyny and adultery, and no less detrimental to the society. Muslims view polygyny as an institution which is to be called into use only under extraordinary circumstances. As such, it has not been generally regarded by Muslim women as a threat. Attempts by the feminist movement to focus on eradication of this institution in order to improve the status of women would therefore meet with little sympathy or support.
II. DIRECTIVES FOR THE FEMINIST MOVEMENT IN AN ISLAMIC ENVIRONMENT
What can be learned about the future compatibility or incongruity of feminism in a Muslim environment from these facts about Islamic traditions? Are there any general principles to be gained, any directives to be taken, by those who work for women's rights and human rights in the world?
INTERCULTURAL INCOMPATIBILITY OF WESTERN FEMINISM:
The first and foremost principle would seem to be that many of the goals of feminism as conceived in Western society are not necessarily relevant or exportable across cultural boundaries. Feminism as a Western movement originated in England during the 18th century and had as one of its main goals the eradication of legal disabilities imposed upon women by English common law. These laws were especially discriminatory of married women. They derived in part from Biblical sources (e.g., the idea of man and woman becoming "one flesh," and the attribution of an inferior and even evil nature to Eve and all her female descendants) and in part from feudal customs (e.g., the importance of carrying and supplying arms for battle and the concomitant devaluation of the female contributions to society). The Industrial Revolution and its need for women's contribution to the work force brought strength to the feminist movement and helped its advocates gradually break down most of those discriminatory laws.
Since the history and heritage of Muslim peoples have been radically different from that of Western Europe and America, the feminism which would appeal to Muslim women and to the society generally must be correspondingly different. Those legal rights which Western women sought in reform of English common law were already granted to Muslim women in the 7th century. Such a struggle therefore holds little interest for the Muslim woman. In addition, it would be useless to try to interest us in ideas or reforms that run in diametrical opposition to those traditions which form an important part of our cultural and religious heritage. There has been a good deal of opposition to any changes in Muslim personal status laws since these embody and reinforce the very traditions which we have been discussing. In other words, if feminism is to succeed in an Islamic environment, it must be an indigenous form of feminism, rather than one conceived and nurtured in an alien environment with different problems and different solutions and goals.
THE FORM OF AN ISLAMIC FEMINISM:
If the goals of Western feminism are not viable for Muslim women, what form should a feminist movement take to ensure success?
Above all, the movement must recognize that, whereas in the West, the mainstream of the women's movement has viewed religion as one of the chief enemies of its progress and well-being, Muslim women view the teachings of Islam as their best friend and supporter. The prescriptions that are found in the Quran and in the example of the Prophet Muhammad, salallahu alehi wasallam, are regarded as the ideal to which contemporary women wish to return. As far as Muslim women are concerned, the source of any difficulties experienced today is not Islam and its traditions, but certain alien ideological intrusions on our societies, ignorance, and distortion of the true Islam, or exploitation by individuals within the society. It is a lack of an appreciation for this fact that caused such misunderstanding and mutual distress when women's movement representatives from the West visited Iran both before and after the Islamic Revolution.
Second, any feminism which is to succeed in an Islamic environment must be one which does not work chauvenistically for women's interest alone. Islamic traditions would dictate that women's progress be achieved in tandem with the wider struggle to benefit all members of the society. The good of the group or totality is always more crucial than the good of any one sector of the society. In fact, the society is seen as an organic whole in which the welfare of each member or organ is necessary for the health and well being of every other part. Disadventagous circumstances of women therefore should always be countered in conjunction with attempt to alleviate those factors which adversely affect men and other segments of the society.
Third, Islam is an ideology which influences much more than the ritual life of a people. It is equally affective of their social, political, economic, psychological, and aesthetic life. "Din," which is usually regarded as an equivalent for the English term "religion," is a concept which includes, in addition to those ideas and practices customarily associated in our minds with religion, a wide spectrum of practices and ideas which affect almost every aspect of the daily life of the Muslim individual. Islam and Islamic traditions therefore are seen today by many Muslims as the main source of cohesiveness for nurturing an identity and stability to confront intruding alien influences and the cooperation needed to solve their numerous contemporary problems. To fail to note this fact, or to fail to be fully appreciative of its importance for the average Muslim - whether male or female - would be to commit any movement advocating improvement of women's position in Islamic lands to certain failure. It is only through establishing that identity and stability that self-respect can be achieved and a more healthy climate for both Muslim men and Muslim women will emerge.
By Dr. Lois Lamya' al Faruqi
Whether living in the Middle East or Africa, in Central Asia, in Pakistan, in Southeast Asia, or in Europe and the Americas, Muslim women tend to view the feminist movement with some apprehension. Although there are some features of the feminist cause with which we as Muslims would wish to join hands, other features generate our disappointment and even opposition. There is therefore no simple or "pat" answer to the question of the future cooperation or competition which feminism may meet in an Islamic environment.
There are however a number of social, psychological, and economic traditions which govern the thinking of most Muslims and which are particularly affective of woman's status and role in Islamic society. Understanding these can help us understand the issues which affect male and female status and roles, and how we should react to movements which seek to improve the situation of women in any of the countries where Muslims live.
THE FAMILY SYSTEM:
One of the Islamic traditions which will affect the way in which Muslim women respond to feminist ideas is the advocacy in Islamic culture of an extended rather than a nuclear family system. Some Muslim families are "residentially extended" - that is, their members live communally with three or more generations of relatives (grandparents, parents, uncles, aunts, and their offspring) in a single building or compound. Even when this residential version of the extended family is not possible or adhered to, family connections reaching far beyond the nuclear unit are evident in strong psychological, social, economic, and even political ties. Mutual supports and responsibilities affecting these larger consanguine groups are not just considered desirable, but they are made legally incumbent on members of the society by Islamic law. The Holy Quran itself exhorts to extended family solidarity; in addition it specifies the extent of such responsibilities and contains prescriptive measures for inheritance, support, and other close interdependencies within the extended family.[1]
Our Islamic traditions also prescribe a much stronger participation of the family in the contracting and preservation of marriages. While most Western feminists would decry family participation or arranged marriage as a negative influence because of its apparent restriction of individualistic freedom and responsibility, as Muslims we would argue that such participation is advantageous for both individuals and groups within the society. Not only does it ensure marriages based on sounder principles than physical attraction and sexual infatuation, but it provides other safeguards for successful marital continuity. Members of the family provide diverse companionship as well as ready sources of advice and sympathy for the newly married as they adjust to each others' way. One party of the marriage cannot easily pursue an eccentric course at the expense of the spouse since such behavior would rally opposition from the larger group. Quarrels are never so devastating to the marriage bond since other adult family members act as mediators and provide alternative sources of companionship and counsel following disagreements. The problems of parenting and generational incompatibility are also alleviated, and singles clubs and dating bureaus would be unnecessary props for social interaction. There is no need in the extended family for children of working parents to be unguarded, unattended, or inadequately loved and socialized because the extended family home is never empty. There is therefore no feeling of guilt which the working parent often feels in a nuclear or single-parent organization. Tragedy, even divorce, is not so debilitating to either adults or children since the larger social unit absorbs the residual numbers with much greater ease than a nuclear family organization can ever provide.
The move away from the cohesiveness which the family formerly enjoyed in Western society, the rise of usually smaller alternative family styles, and the accompanying rise in individualism which many feminists advocate or at least practice, are at odds with these deep-rooted Islamic customs and traditions. If feminism in the Muslim world chooses to espouse the Western family models, it should and would certainly be strongly challenged by Muslim women's groups and by Islamic society as a whole.
INDIVIDUALISM VS. THE LARGER ORGANIZATION:
The traditional support of the large and intricately interrelated family organization is correlative to another Islamic tradition which seems to run counter to recent Western trends and to feminist ideology. Islam and Muslim women generally advocate molding of individual goals and interests to accord with the welfare of the larger group and its members. Instead of holding the goals of the individual supreme, Islam instills in the adherent a sense of his or her place within the family and of a responsibility to that group. This is not perceived or experienced by Muslims as repression of the individual. Other traditions which will be discussed later guarantee his or her legal personality. Feminism, therefore, would not be espoused by Muslim women as a goal to be pursued without regard for the relation of the female to the other members of her family. The Muslim woman regards her goals as necessitating a balance with, or even subordination to, those of the family group. The rampant individualism often experienced in contemporary life, that which treats the goals of the individual in isolation from other factors, or as utterly supreme, runs against a deep Islamic commitment to social interdependence.
DIFFERENTIATION OF SEX ROLES:
A third Islamic tradition which affects the future of any feminist movement in an Islamic environment is that it specifies a differentiation of male and female roles and responsibilities in society. Feminism, as represented in Western society, has generally denied any such differentiation and has demanded a move toward a unisex society in order to achieve equal rights for women. By "unisex society," I mean one in which a single set of roles and concerns are given preference and esteem by both sexes and are pursued by all members of the society regardless of sex and age differentials. In the case of Western feminism, the preferred goals have been those traditionally fulfilled by the male members of society. The roles of providing financial support, of success in career, and of decision making have been given overwhelming respect and concern while those dealing with domestic matters, with child care, with aesthetic and psychological refreshment, with social interrelationships, were devalued and even despised. Both men and women have been forced into a single mold which is perhaps more restrictive, rigid and coercive than that which formerly assigned men to one type of role and women to another.
This is a new brand of male chauvenism with which Islamic traditions cannot conform. Islam instead maintains that both types of roles are equally deserving of pursuit and respect and that when accompanied by the equity demanded by the religion, a division of labor along sex lines is generally beneficial to all members of the society.
This might be regarded by the feminist as opening the door to discrimination, but as Muslims we regard Islamic traditions as standing clearly and unequivocally for the support of male-female equity. In the Quran, no difference whatever is made between the sexes in relation to God. "For men who submit [to God] and for women who submit [to God], for believing men and believing women, for devout men and devout women, for truthful men and truthful women, for steadfast men and steadfast women, for humble men and humble women, for charitable men and charitable women, for men who fast and women who fast, for men who guard their chastity and women who guard, for men who remember God much and for women who remember - for them God has prepared forgiveness and a mighty reward" (33:35). "Whoever performs good deeds, whether male or female and is a believer, We shall surely make him live a good life and We will certainly reward them for the best of what they did" (16:97).[2]
It is only in relation to each other and society that a difference is made - a difference of role or function. The rights and responsibilities of a woman are equal to those of a man, but they are not necessarily identical with them. Equality and identity are two different things, Islamic traditions maintain - the former desirable, the latter not. Men and women should therefore be complementary to each other in a multi-function organization rather than competitive with each other in a uni-function society.
The equality demanded by Islamic traditions must, however, be seen in its larger context if it is to be understood properly. Since Muslims regard a differentiation of sexual roles to be natural and desirable in the majority of cases, the economic responsibilities of male and female members differ to provide a balance for the physical differences between men and women and for the greater responsibility which women carry in the reproductive and rearing activities so necessary to the well-being of the society. To maintain, therefore, that the men of the family are responsible for providing economically for the women or that women are not equally responsible, is not a dislocation or denial of sexual equity. It is instead a duty to be fulfilled by men as compensation for another responsibility which involves the special ability of women. Likewise the different inheritance rates for males and females, which is so often sited as an example of discrimination against women, must not be seen as an isolated prescription.[3] It is but one part of a comprehensive system in which women carry no legal responsibility to support other members of the family, but in which men are bound by law as well as custom to provide for all their female relatives.
Does this mean that Islamic traditions necessarily prescribe maintaining the status quo in the Islamic societies that exist today? The answer is a definite "No." Many thinking Muslims - both men and women - would agree that their societies do not fulfill the Islamic ideals and traditions laid down in the Quran and reinforced by the example and directives of the Prophet Muhammad, salallahu alehi wasallam. It is reported in the Quran and from history that women not only expressed their opinions freely in the Prophet's presence but also argued and participated in serious discussions with the Prophet himself and with other Muslim leaders of the time (58:1). Muslim women are known to have even stood in opposition to certain caliphs, who later accepted the sound arguments of those women. A specific example took place during the caliphate of 'Umar ibn al Khattab.[4] The Quran reproached those who believed woman to be inferior to men (16:57-59) and repeatedly gives expression to the need for treating men and women with equity (2:228, 231; 4:19, and so on). Therefore, if Muslim women experience discrimination in any place or time, they do not and should not lay the blame on Islam, but on the un-Islamic nature of their societies and the failure of Muslims to fulfill its directives.
SEPARATE LEGAL STATUS FOR WOMEN:
A fourth Islamic tradition affecting the future of feminism in Muslim societies is the separate legal status for women which is demanded by the Quran and the Shari'ah. Every Muslim individual, whether male of female, retains a separate identity from cradle to grave. This separate legal personality prescribes for every woman the right to contract, to conduct business, to earn and possess property independently. Marriage has no effect on her legal status, her property, her earnings - or even on her name. If she commits any civil offense, her penalty is no less or no more than a man's in a similar case (5:83; 24:2). If she is wronged or harmed, she is entitled to compensation just like a man (4:92-93; see also Mustafa al Siba'i 1976:38; Darwazah n.d.:78). The feminist demand for separate legal status for women is therefore one that is equally espoused by Islamic traditions.
POLYGYNY:
Although the taking of plural wives by a man is commonly called polygamy, the more correct sociological designation is polygyny. This institution is probably the Islamic tradition most misunderstood and vehemently condemned by non-Muslims. It is one which the Hollywood stereotypes "play upon" in their ridicule of Islamic society. The first image conjured up in the mind of the Westerner when the subject of Islam and marriage is approached is that of a religion which advocates the sexual indulgence of the male members of the society and the subjugation of its females through this institution.
Islamic tradition does indeed allow a man to marry more than one woman at a time. This leniency is even established by the Quran (4:3).[5] But the use and perception of that institution is far from the Hollywood stereotype. Polygyny is certainly not imposed by Islam; nor is it a universal practice. It is instead regarded as the exception to the norm of monogamy , and its exercise is strongly controlled by social pressures.[6] If utilized by Muslim men to facilitate or condone sexual promiscuity, it is not less Islamically condemnable than serial polygyny and adultery, and no less detrimental to the society. Muslims view polygyny as an institution which is to be called into use only under extraordinary circumstances. As such, it has not been generally regarded by Muslim women as a threat. Attempts by the feminist movement to focus on eradication of this institution in order to improve the status of women would therefore meet with little sympathy or support.
II. DIRECTIVES FOR THE FEMINIST MOVEMENT IN AN ISLAMIC ENVIRONMENT
What can be learned about the future compatibility or incongruity of feminism in a Muslim environment from these facts about Islamic traditions? Are there any general principles to be gained, any directives to be taken, by those who work for women's rights and human rights in the world?
INTERCULTURAL INCOMPATIBILITY OF WESTERN FEMINISM:
The first and foremost principle would seem to be that many of the goals of feminism as conceived in Western society are not necessarily relevant or exportable across cultural boundaries. Feminism as a Western movement originated in England during the 18th century and had as one of its main goals the eradication of legal disabilities imposed upon women by English common law. These laws were especially discriminatory of married women. They derived in part from Biblical sources (e.g., the idea of man and woman becoming "one flesh," and the attribution of an inferior and even evil nature to Eve and all her female descendants) and in part from feudal customs (e.g., the importance of carrying and supplying arms for battle and the concomitant devaluation of the female contributions to society). The Industrial Revolution and its need for women's contribution to the work force brought strength to the feminist movement and helped its advocates gradually break down most of those discriminatory laws.
Since the history and heritage of Muslim peoples have been radically different from that of Western Europe and America, the feminism which would appeal to Muslim women and to the society generally must be correspondingly different. Those legal rights which Western women sought in reform of English common law were already granted to Muslim women in the 7th century. Such a struggle therefore holds little interest for the Muslim woman. In addition, it would be useless to try to interest us in ideas or reforms that run in diametrical opposition to those traditions which form an important part of our cultural and religious heritage. There has been a good deal of opposition to any changes in Muslim personal status laws since these embody and reinforce the very traditions which we have been discussing. In other words, if feminism is to succeed in an Islamic environment, it must be an indigenous form of feminism, rather than one conceived and nurtured in an alien environment with different problems and different solutions and goals.
THE FORM OF AN ISLAMIC FEMINISM:
If the goals of Western feminism are not viable for Muslim women, what form should a feminist movement take to ensure success?
Above all, the movement must recognize that, whereas in the West, the mainstream of the women's movement has viewed religion as one of the chief enemies of its progress and well-being, Muslim women view the teachings of Islam as their best friend and supporter. The prescriptions that are found in the Quran and in the example of the Prophet Muhammad, salallahu alehi wasallam, are regarded as the ideal to which contemporary women wish to return. As far as Muslim women are concerned, the source of any difficulties experienced today is not Islam and its traditions, but certain alien ideological intrusions on our societies, ignorance, and distortion of the true Islam, or exploitation by individuals within the society. It is a lack of an appreciation for this fact that caused such misunderstanding and mutual distress when women's movement representatives from the West visited Iran both before and after the Islamic Revolution.
Second, any feminism which is to succeed in an Islamic environment must be one which does not work chauvenistically for women's interest alone. Islamic traditions would dictate that women's progress be achieved in tandem with the wider struggle to benefit all members of the society. The good of the group or totality is always more crucial than the good of any one sector of the society. In fact, the society is seen as an organic whole in which the welfare of each member or organ is necessary for the health and well being of every other part. Disadventagous circumstances of women therefore should always be countered in conjunction with attempt to alleviate those factors which adversely affect men and other segments of the society.
Third, Islam is an ideology which influences much more than the ritual life of a people. It is equally affective of their social, political, economic, psychological, and aesthetic life. "Din," which is usually regarded as an equivalent for the English term "religion," is a concept which includes, in addition to those ideas and practices customarily associated in our minds with religion, a wide spectrum of practices and ideas which affect almost every aspect of the daily life of the Muslim individual. Islam and Islamic traditions therefore are seen today by many Muslims as the main source of cohesiveness for nurturing an identity and stability to confront intruding alien influences and the cooperation needed to solve their numerous contemporary problems. To fail to note this fact, or to fail to be fully appreciative of its importance for the average Muslim - whether male or female - would be to commit any movement advocating improvement of women's position in Islamic lands to certain failure. It is only through establishing that identity and stability that self-respect can be achieved and a more healthy climate for both Muslim men and Muslim women will emerge.
Women in a Qur'anic Society
Women in a Qur'anic Society
By Lois Lamya' al-Faruqi
Vol. I
The topic of this paper was chosen out of the conviction that humanity is suffering today from a number of serious social problems related to women and to the interrelations of the two sexes in society. Although these problems may be more pronounced, disturbing, more debilitating for some of us than for others, there are probably few if any regions of the contemporary world whose citizens have not felt in some way the repercussions of these problems. Therefore, there is a pressing need for exploring possible solutions. The problem of women is linked, for the present study, with the Qur'an, and what I have called the "Qur'anic society," out of strong conviction that the Qur'an offers the most viable suggestions for contemporary social reform which can be found in any model or any literature. Many of you may be puzzled by the title of this paper-"Women in a Qur'anic Society." You may ask yourselves, "Why didn't she say "Women in Muslim Society" or even "Women in an Islamic Society?" Let me explain why the expressions "Muslim" and "Islamic" were rejected for this paper, and how the use of the rather unusual appellation, "Qur'anic society," is justified.
There are at least three reasons for my choice of that title. The first of these derives from the concern that many beliefs and practices have been labelled "Muslim" or "Islamic" without warranting those names. There are approximately 40 nations of the world which claim to have a Muslim majority population and therefore to be exemplary of "Muslim" or "Islamic" societies. This of course results in a great deal of confusion as the question is asked: Which of these regions represents most faithfully the true "Islamic" society? Among Muslims that question is most frequently answered by the claim that their own national or regional society is the truest to the intentions of Allah subhanahu wa ta'ala.
Non-Muslims, on the other hand, and especially the Western anthropologists who travel around the world to investigate the customs and mores of its peoples, tend to treat each variation within the Muslim World as equally valid. This results from their adherence to what I call the "zoo theory" of knowledge. Adherents of that theory regard all Muslims-and of course similar treatment of other non-Western people is discernible-as different species within the human zoo. The "zoo theory" protagonists go to the field, record and snap pictures of every strange or exotic practice they see and hear; and for them, this is Islam or Islamic practice. A trip to another part of the Muslim World with the ubiquitous devices for recording and photographing generates a different body of materials documenting superficial variations in customs. But this, too, is Islam or Islamic practice for the "zoo theory" investigator or ethnographer. There is far too little effort spent on understanding Islam as a whole. As a result, the basic premise of scepticism and relativism is confirmed in the mind of the researcher; and he/she returns home convinced that there is not one Islam, but scores of Islams existent in the world. In like fashion, the researcher reports that there are many definitions or descriptions of the status and role of women in Muslim society. Each one of the resultant definitions or descriptions is dubbed as "Muslim" or "Islamic" even if we as Muslims may hold some of these practices to be distortions or perversions of our principles and beliefs by the misguided or uninformed among us.
It was partly to avoid confusion with these variant descriptions and misunderstandings that I have chosen the appellation "Qur'anic" for the present discussion. In this way, I hope to move beyond the limited relevance and particularism of a "zoo theory" of investigation to a presentation which avoids such fragmentation and is ideologically in conformance with the true prescriptions of Islam. In regard to matters so determining of our destiny and very existence, we can never be satisfied with mere reportage about certain human animals in the "zoo" who are statistically "Muslim" or whose customs have been labelled as "Islamic." Those designations have sometimes been misapplied. "Qur'anic," on the other hand, is a term which is unequivocal. It points clearly to the topic of this paper.
Secondly, "Qur'anic society" was judged to be the most suitable title for it orients us towards discovering those core principles in the Qur'an itself which form the underlying framework for our societies throughout the Muslim World. It is the society based on Qur'anic principles which is the goal of all of us, even though we may unknowingly deviate from time to time from those principles. It is the conformance to a Qur'an-based society for which we must all work if the Muslim peoples are to enjoy a felicitous future. It is not an Indonesian, Pakistani, Saudi Arabian, Egyptian or Nigerian version of that society that we should regard as indisputable norm, but one firmly based on the teachings of the Holy Qur'an. Only therein can we find a proper definition of woman's role in society. Since it is these teachings which are the subject of my paper, "Women in a Qur'anic Society" seemed the most proper title.
Thirdly, I wish by this choice of title to emphasize that we should regard the Holy Qur'an as our guide in all aspects of our lives. It is not only the prime source of knowledge about religious beliefs, obligations, and practices, it is also the guide, whether specific or implied, for every aspect of Islamic civilization. In the centuries of past glory, it determined the political, economic, social and artistic creativity of the Muslim peoples. If we are to succeed as members of an Islamic society in the coming decades and centuries, it must again determine our thinking and our actions in an all-inclusive way. Din is not limited to the Five Pillars of the shahadah, salat, siyam, zakat, and the hajj. Din in fact defies simple equation with the English term "religion," for the former's significance penetrates into every nook and cranny of human existence and behaviour. Surely it should be our goal to relate every action to our Din. We can only do this by allowing the Holy Qur'an to in-form and re-form every realm of our lives.
As a step in this direction, let us consider what the Qur'an has to teach us about the society towards which we should be striving, and ponder its effect on the position of women. What are the basic characteristics of a Qur'anic society which particularly affect women?
Five characteristics - which seem basic, crucial and incontrovertible - of Qur'anic society will be considered. Although they are presented in a series, each one rests upon the others and affects them. The interdependence of these five characteristics makes it difficult to speak of any one of them without mention of the others, and of course they do not and cannot exist in isolation from one another.
1. EQUAL STATUS AND WORTH OF THE SEXES
The first of these characteristics of a Qur'anic society which affect women is that both sexes are held to be equal in status and worth. In other words, the Qur'an teaches us that women and men are all creatures of Allah, existing on a level of equal worth and value, although their equal importance does not substantiate a claim for their equivalence or perfect identity. This equality of male and female is documentable in the Qur'an in passages pertaining to at least four aspects of human existence and interaction.
A. Religious Matters
The first of these Qur'anic confirmations of male-female equality are contained in statements pertaining to such religious matters as the origins of humanity, or to religious obligations and rewards.
1. Origins of Humanity. The Qur'an is devoid of the stories found in the Old Testament which denigrate women. There is no hint that the first woman created by God is a creature of lesser worth than the first male, or that she is a kind of appendage formed from one of his ribs. Instead, male and female are created, we read, min nafsin wahidatin ("from a single soul or self") to complement each other (Qur'an 4:1; 7:189). Whereas the Torah or Old Testament treats Eve as the temptress of the Garden of Eden, who aids Satan in enticing Adam to disobey God, the Qur'an deals with the pair with perfect equity. Both are equally guilty of sinning; both are equally punished by God with expulsion from the Garden; and both are equally forgiven when they repent.
2. Religious Obligations and Rewards. The Qur'an is not less clear in commanding equality for men and women in its directives regarding religious obligations and rewards. We read:
Lo! Men who surrender unto Allah, and women who surrender, and men who believe and women who believe, and men who obey and women who obey, and men who speak the truth and women who speak the truth, and men who persevere (in righteousness) and women who persevere and men who are humble and women who are humble, and men who give aims and women who give alms, and men who fast and women who fast, and men who guard their modesty and women who guard (their modesty), and men who remember Allah and women who remember-Allah hath prepared for them forgiveness and a vast reward. (33:35)
B. Ethical Obligations and Rewards
Secondly, the Qur'an reveals to mankind the desired equality of the two sexes by establishing the same ethical obligations and rewards for women and men.
And who so does good works, whether male or female, and he (or she) is a believer, such will enter Paradise and they will not be wronged the dint in a date-stone. (4:124)
Whosoever does right, whether male or female, and is a believer, him verily We shall quicken with good life, and We shall pay them a recompense according to the best of what they do. (16:97)
If Allah subhanahu wa ta'ala had not deemed the two sexes of equal status and value, such explicit statements of their equality in ethical obligations and rewards would not have been made in the Qur'an.
C. Education
Although the more specific commands for the equal rights of women and men to pursue education can be found in the hadith literature, the Qur'an does at least imply the pursuit of knowledge by all Muslims regardless of their sex. For example, it repeatedly commands all readers to read, to recite, to think, to contemplate, as well as to learn from the signs (ayat) of Allah in nature. In fact, the very first revelation to Prophet Muhammad (S) was concerned with knowledge. In a Qur'anic society, there can never be a restriction of this knowledge to one sex. It is the duty of every Muslim and every Muslimah to pursue knowledge throughout life, even if it should lead the seeker to China, we are told. The Prophet (S) even commanded that the slave girls be educated, and he asked Shifa' bint 'Abdillah to instruct his wife Hafsah bint 'Umar. Lectures of the Prophet (S) were attended by audiences of both men and women; and by the time of the Prophet's death, there were many women scholars.
D. Legal Rights
A fourth evidence in the Qur'an for the equality of men and women is its specification of legal rights which are guaranteed for every individual from cradle to grave. Unlike the situation in the West, where until the last century it was impossible for a married woman to hold property on her own, to contract with other persons, or to dispose of her property without the consent of her husband, the Qur'an proclaims the right of every woman to buy and sell, to contract and to earn, and to hold and manage her own money and property. In addition to these rights, the Qur'an grants woman a share in the inheritance of the family (4:7-11), warns against depriving her of that inheritance (4:19), specifies that the dower (mahr) of her marriage should belong to her alone and never be taken by her husband (2:229; 4:19-21,25) unless offered by the woman as a free gift (4:44).
As with any privilege, these rights of women carry corresponding responsibilities. If she commits a civil offence, the Qur'an tells us, woman's penalty is no less or no more than that of a man in a similar case (5:41; 24:2). If she is wronged or harmed, she is entitled to compensation just like a man.
It is clear that the Qur'an not only recommends, but is even insistent upon, the equality of women and men as an essential characteristic of a Qur'anic society. The claim of the non-Muslim critics that Islam denigrates women is denied emphatically by the Qur'an. Similarly denied are the arguments of certain Muslims that women are religiously, intellectually and ethically inferior to men, as Jewish and Christian literatures had earlier maintained.
2. A DUAL SEX RATHER THAN UNISEX SOCIETY
Now let us consider the second basic characteristic of the Qur'anic society which affects the position of women. This is found in the directives for a dual sex rather than a unisex society. While maintaining the validity of the equal worth of men and women, the Qur'an does not judge this equality to mean equivalence or identity of the sexes.
Probably all of you are familiar with the contemporary move toward unisex clothes and shoes, unisex jewellery and hair styles, unisex actions and entertainments. In fact, it is often difficult in America to decide whether one is looking at a boy or a girl. This results from the current notion in Western society that there is little if any difference between the two sexes in physical, intellectual and emotional endowment; and that, therefore, there should be no difference in their functions and roles in society. The dress and the actions are but superficial evidence of this deeper conviction. Accompanied by a downgrading of the qualities and roles traditionally associated with the female sex, this current idea has generated a unisex society in which only the male role is respected and pursued. Although meant to bring a larger measure of equality for women, the idea that men and women are not only equal, but equivalent and identical, has actually pushed women into imitating men and even despising their womanhood. Thus it is generating a new type of male chauvinism. Tremendous social pressures have resulted in stripping women of their role-responsibilities formerly performed by them, and they are forced to live a life devoid of personality and individuality.
The society based on the Qur'an is, in contrast, a dual-sex society in which both sexes are assigned their special responsibilities. This assures the healthy functioning of the society for the benefit of all its members. This division of labour imposes on men more economic responsibilities (2:233, 240-241; 4:34), while women are expected to play their role in childbearing and rearing (2:233; 7:189). The Qur'an, recognising the importance of this complementary sexual assignment of roles and responsibilities, alleviates the greater economic demands made on male members of the population by allotting them a larger share than women in inheritance. At the same time it grants women the right to maintenance in exchange for her contribution to the physical and emotional well being of the family and to the care she provides in the rearing of children. The unisex ideology generates a competitive relationship between the sexes which we find in America and which is disastrous for all members of society: the young; the old; the children; the parents; the single and the married; the male and the female. The dual-sex society, by contrast, is a more natural answer to the question of sexual relationships, a plan encouraging co-operation rather than competition between the sexes. It is a plan which has been found suitable in countless societies through history. Only in very recent times did the idea of sexual non-differentiation or identity achieve prominence, and then primarily in the Western society. Even the medical evidence for mental or emotional difference between the sexes is suppressed in Western research, for it threatens the prevailing trends of thought. How long this socially disastrous movement will continue before it is rejected as bankrupt is not known. But certainly we as Muslims should be aware of its deficiencies and dangerous consequences, and make our societies and young people aware of the disaster caused by it.
Protagonists of the unisex society have condemned the dual-sex human organisation as dangerous for the well-being of women. If dual sex means that one sex is superior to the other, such a situation could have arisen. But in the true Qur'anic society, toward which we all aspire to move, this is not possible. As we have seen above, the Qur'an advocates eloquently the equal status of women and men at the same time as it recognises their generally relevant differences of nature and function. Thus while acknowledging the religious, ethical, intellectual and legal equality of males and females, the Qur'an never regards the two sexes as identical or equivalent. It justifies this stand in its assignment of variant responsibilities and its provisions regarding inheritance and maintenance which match those responsibilities.
3. INTERDEPENDENCE OF THE MEMBERS OF SOCIETY
The third characteristic of the Qur'anic society which is strongly assertive of women's position is the insistence on the interdependence of the members of society. Contrary to the contemporary trend to emphasize the rights of the individual at the expense of society, we find the Qur'an repeatedly emphasising the interdependence of the male and female as well as of all members of society. The wife and husband, for example, are described as "garments" (libas) of each other (2:187), and as mates living and dwelling in tranquillity (33:21;see also 7:189). Men and women are directed to complement each other, not to compete with each other. They are the protectors of each other (9:71). Each is called upon to fulfil certain assigned responsibilities for the good of both and the larger group.
In order to insure this interdependence which is so necessary for the physical and psychological well-being of both men and women, Allah, in the Holy Qur'an, stipulated the reciprocal or mutual duties and obligations of the various members of the family-men and women, fathers and mothers, children and elders, and relatives of all degrees (17:23-26; 4:1, 7-12; 2:177; 8:41; 16:90; etc.). The care of and concern for other members of society is equally a duty of the Muslim.
It is not righteousness that you turn faces to the east and the west; but righteous is he who believes in Allah and the Last Day and the angels and the Scripture and the prophets; and gives his wealth, for love of Him, to kinsfolk and to orphans and the needy and the wayfarer and to those who ask, and to set slaves free ... (2:177)
The Qur'an thereby instils in the Muslim a sense of a place within, and responsibility to society. This is not regarded or experienced as a repression of the individual. Instead the Muslim is constantly encouraged in this interdependence by experiencing the benefits it brings. The economic, social and psychological advantages of such close relationships and concerns within the social group provide more than ample compensation for the individual to sublimate his/her individualistic aspirations. The anonymity and lack of social interdependence among its members in contemporary Western society have caused many serious problems. Loneliness, inadequate care of the aged, the generation gap, high suicide rates, and juvenile crime can all be traced back to the ever-worsening breakdown of social interdependence and the denial of the human necessity for mutual care.
4. THE EXTENDED FAMILY
Closely intertwined with interdependence is the fourth basic characteristic of the Qur'anic society which serves to improve male-female relations. This is the institution of the extended family. In addition to the members of the nucleus that constitutes the family- mother, father and their children-the Islamic family or 'a'ilah also includes grandparents, uncles, aunts and their offspring. Normally Muslim families are "residentially extended;" that is, their members live communally with three or more generations of relatives in a single building or compound. Even where this residential version of the extended family is not possible or adhered to, family connections reaching far beyond the nuclear unit are evident in strong psychological, social, economic and even political ties.
The extended family solidarity is prescribed and strengthened by the Holy Qur'an, where we find repeated references to the rights of kin (17:23-26; 4:7-9; 8:41; 24:22; etc.) and the importance of treating them with kindness (2 :83; 16: 90; etc.). Inheritance portions, for not only the nuclear family members but those of the extended family as well, are specifically prescribed (2:180-182; 4:33,176). Dire punishment is threatened for those who ignore these measures for intra-family support (4:7-12). The extended family of Islamic culture is thus not merely a product of social conditions, it is an institution anchored in the word of God Himself and buttressed by Qur'anic advice and rules.
The extended family is an institution which can provide tremendous benefits for both women and men when it exists in conjunction with the other basic characteristics of a Qur'anic society.
1) It guards against the selfishness or eccentricity of any one party, since the individual faces not a single spouse but a whole family of peers, elders and children if he or she goes "off course."
2) It allows for careers for women without detriment to themselves, spouse, children or elders, since there are always other adults in the home to assist the working wife or mother. Career women in an Islamic extended family suffer neither the physical and emotional burden of overwork nor the feeling of guilt for neglecting maternal, marital or familial responsibilities. In fact, without this sort of family institution, it is impossible to imagine any feasible solution for the problems now facing Western society. As more and more women enter the work force, the nuclear family is unable to sustain the needs of its members. The difficulties in the single parent family are of course magnified a hundred-fold. The strain that such family systems put on the working woman are devastating to the individual as well as to the marriage and family bonds. The dissolutions of families which result and psychological and social ramifications of the high divorce rate in America and other Western nations are the growing concern of doctors, lawyers, psychiatrists and sociologists as well as, of course, of the unfortunate victims of these phenomena.
3) The extended family insures the adequate socialisation of children. A mother's or father's advice in a nuclear or single parent family may be difficult to be followed by an unruly or obstinate child, but the combined pressure of the members of a strong extended family is an effective counter to non-conformance or disobedience.
4) The extended family provides for psychological and social diversity in companionship for adults as well as children. Since there is less dependence on the one-to-one relationship, there are less emotional demands on each member of the family. A disagreement or clash between adults, children or between persons of different generations does not reach the damaging proportions it may in the nuclear family. There are always alternative family members on hand to ease the pain and provide therapeutic counselling and companionship. Even the marriage bond is not put to the enormous strains that it suffers in the nuclear family.
5) The extended family or a'ilah guards against the development of the generation gap. This social problem arises when each age group becomes so isolated from other generations that it finds difficulty in achieving successful and meaningful interaction with people of a different age level. In the 'a'ilah, three or more generations live together and constantly interact with one another. This situation provides beneficial learning and socialisation experiences for children and the necessary sense of security and usefulness for the older generation.
6) The 'a'ilah eliminates the problems of loneliness which plague the isolated and anonymous dwellers in the urban centres of many contemporary societies. The unmarried woman, or the divorced or widowed woman in an Islamic extended family will never suffer the problems that face such women in contemporary American society, for example. In a Qur'anic society, there is no need for the commercial computer dating establishments, the singles' clubs and bars, or the isolation of senior citizens in retirement villages or old people's homes.
The social and psychological needs of the individual, whether male or female, are cared for in the extended family.
As marriage-bonds grow more and more fragile in Western society, women tend to be the chief victims of the change. They are less able to re-establish marriage or other bonds than men, and they are more psychologically damaged by these losses.
7) The extended family provides a more feasible and humane sharing of the care of the elderly. In the nuclear family unit, the care of the elderly parent or parents of one spouse may fall entirely on one individual, usually the mother of the family. She must provide for the extra physical care as well as for the emotional well-being of the elderly. This is a tremendous burden on a woman who probably has children's and husband's needs to attend to as well. If she is a working mother, the burden can be unmanageable; and the elderly are put in an old peoples' home to await death. With the shared responsibilities and duties that the extended family provides, the burden is significantly lightened .
5. A PATRIARCHAL FAMILY ORGANIZATION
The fifth basic characteristic of a Qur'anic society is that it is patriarchal. Contrary to the goals of the Women's Liberation movement, the Qur'an calls for a society which assigns the ultimate leadership and decision-making role in the family to men.
Any society is made up of smaller organisations of humans, governments, political parties, religious organisations, commercial enterprises, extended families, etc. Each of these organs needs to be stable, cohesive and manoeuvrable if it is to be beneficial to its constituents. In order to acquire these characteristics, the organisation must assign ultimate responsibility to some individual or some group within its ranks.
Therefore, the citizens may vote, parliament may legislate, and the police may enforce the law; but it is ultimately the head of state that carries the burden of making the crucial decisions for the nation, as well as the onus or approval, i.e., the responsibility, for those decisions. In like manner, the work of a factory is conducted by many individuals, but all of them are not equally capable of making the ultimate decisions for the company. Neither is each employee equally charged with the responsibility for the organisation's success or failure.
The family also has need for someone to carry the burden of ultimate responsibility for the whole. The Qur'an has assigned this role to the most senior male member of the family. It is this patriarchal assignment of power and responsibility which is meant by such expressions as "wa lil rijali 'alathinna darajatun " (2.228; see supra, pp. 40, 41), and "al-rijalu qawwdmuna 'ala al-nisa'i.... " (4:34). Contrary to misrepresentations by the Qur'an's enemies, these passages do not mean the subjugation of women to men in a gender-based dictatorship. Such an interpretation shows a blatant disregard of the Qur'an's repeated calls for the equality of the sexes and for its command to show respect and kindness to women. The passages in question point instead to a means for avoiding internal dissension and indecision for the benefit of all family members. They advocate for a patriarchal society.
In addition, we would draw attention to the use of the word qawwamun in the statement, al-rijalu qawwamuna 'ala al-nisa'i ... (4:34). Certainly the verb qawwama, from which the verbal noun qawwamun is derived, does not imply despotic overlordship. Instead, the term refers to the one who stands up (from qama, "to stand") for another in a protective and benevolent way. If an autocratic or domineering role for the male half of the society had been meant, there are many other verbal derivatives which would have been more applicable, for example, musaytirun and muhayminun Other instances of the Qur'anic use of the term qawwamun confirm this supportive rather than authoritarian or tyrannical meaning of the term (see 4:127-135; 5:9). Ascription of a different significance to the passage in question is, therefore, ideologically inconsistent as well as linguistically unsupportable.
Why should the Qur'an specify male leadership for the 'a'ilah, i.e., a patriarchal family, rather than a matriarchal organisation? The Qur'an answers that question in the following manner:
Men are in charge of women, because Allah has made the one of them to excel the other, and because they spend of their property (for the support of women)....(4:34)
Physical and economic contributions and responsibility are, therefore, the Qur'anic reasons for proposing a patriarchal rather than a matriarchal society.
Some Westerners, confronted by the problems of contemporary society, are beginning to ask such questions as: Where can we turn for help? What can we do in the face of the present social disintegration? It is a time of despair and searching as Western society reels under the blows of steadily increasing personal disorientation and societal dissolution.
What can we do as Muslims to help? First of all, we must build true Qur'anic societies throughout the Muslim World. Without these, we cannot establish equitable and viable accommodation for the interaction of men and women in society. In addition, we cannot hope to establish in the coming generations a respect for and loyalty to our societies and their accompanying institutions if pseudo-Islamic societies are the only ones we are capable of producing and maintaining. Pseudo-Islamic measures or institutions are actually anti-Islamic; for they posit a model which cannot be respected, and attach to it the label of "islam" in the minds of many Muslims as well as non-Muslim. this results in a wrongful transfer of the onus of the faulty institution to the religion of Islam itself.
We must educate our fellow Muslims-and especially the youth for they are the leaders of tomorrow-with regard to the importance and viability of their (Qur'anic traditions concerning women, the family and society. Despite the failure of alternative contemporary Western social patterns, some Muslims seem to hanker after the Western brand of sexual equality, its unisex ideas and modes of behaviour, overemphasis on individualism or personal freedom from responsibility, and the nuclear family system. We must awake to the dangers which accompany such social ideas and practices. If the consequences of these ideas and practices are not pointed out and combated, we are doomed to an unfortunate future as such social experiments are to fail ultimately.
But even this is not an adequate response for us as Muslims. As vicegerents of Allah on earth (2:30), it is our duty to be concerned about the whole world and about all of God's creatures. In the light of the command to propagate the will of Allah in every corner of the earth, we should not neglect to suggest or offer the good that we know to others. It is time for Islam and the Muslims to present their solutions of the problems of contemporary society, not only to the Muslim audience, but to the non-Muslim audience as well. This can and should be done through the living example of true Qur'anic societies in which the problems of men and women are resolved. It should also be done through informative writings and discussions by our scholars which could be made available to Muslims and non-Muslims alike.
There is no better way to serve the will of Allah and the whole of mankind. There is no better da'wah than such offering of a helping hand to the struggling victims of contemporary society.
By Lois Lamya' al-Faruqi
Vol. I
The topic of this paper was chosen out of the conviction that humanity is suffering today from a number of serious social problems related to women and to the interrelations of the two sexes in society. Although these problems may be more pronounced, disturbing, more debilitating for some of us than for others, there are probably few if any regions of the contemporary world whose citizens have not felt in some way the repercussions of these problems. Therefore, there is a pressing need for exploring possible solutions. The problem of women is linked, for the present study, with the Qur'an, and what I have called the "Qur'anic society," out of strong conviction that the Qur'an offers the most viable suggestions for contemporary social reform which can be found in any model or any literature. Many of you may be puzzled by the title of this paper-"Women in a Qur'anic Society." You may ask yourselves, "Why didn't she say "Women in Muslim Society" or even "Women in an Islamic Society?" Let me explain why the expressions "Muslim" and "Islamic" were rejected for this paper, and how the use of the rather unusual appellation, "Qur'anic society," is justified.
There are at least three reasons for my choice of that title. The first of these derives from the concern that many beliefs and practices have been labelled "Muslim" or "Islamic" without warranting those names. There are approximately 40 nations of the world which claim to have a Muslim majority population and therefore to be exemplary of "Muslim" or "Islamic" societies. This of course results in a great deal of confusion as the question is asked: Which of these regions represents most faithfully the true "Islamic" society? Among Muslims that question is most frequently answered by the claim that their own national or regional society is the truest to the intentions of Allah subhanahu wa ta'ala.
Non-Muslims, on the other hand, and especially the Western anthropologists who travel around the world to investigate the customs and mores of its peoples, tend to treat each variation within the Muslim World as equally valid. This results from their adherence to what I call the "zoo theory" of knowledge. Adherents of that theory regard all Muslims-and of course similar treatment of other non-Western people is discernible-as different species within the human zoo. The "zoo theory" protagonists go to the field, record and snap pictures of every strange or exotic practice they see and hear; and for them, this is Islam or Islamic practice. A trip to another part of the Muslim World with the ubiquitous devices for recording and photographing generates a different body of materials documenting superficial variations in customs. But this, too, is Islam or Islamic practice for the "zoo theory" investigator or ethnographer. There is far too little effort spent on understanding Islam as a whole. As a result, the basic premise of scepticism and relativism is confirmed in the mind of the researcher; and he/she returns home convinced that there is not one Islam, but scores of Islams existent in the world. In like fashion, the researcher reports that there are many definitions or descriptions of the status and role of women in Muslim society. Each one of the resultant definitions or descriptions is dubbed as "Muslim" or "Islamic" even if we as Muslims may hold some of these practices to be distortions or perversions of our principles and beliefs by the misguided or uninformed among us.
It was partly to avoid confusion with these variant descriptions and misunderstandings that I have chosen the appellation "Qur'anic" for the present discussion. In this way, I hope to move beyond the limited relevance and particularism of a "zoo theory" of investigation to a presentation which avoids such fragmentation and is ideologically in conformance with the true prescriptions of Islam. In regard to matters so determining of our destiny and very existence, we can never be satisfied with mere reportage about certain human animals in the "zoo" who are statistically "Muslim" or whose customs have been labelled as "Islamic." Those designations have sometimes been misapplied. "Qur'anic," on the other hand, is a term which is unequivocal. It points clearly to the topic of this paper.
Secondly, "Qur'anic society" was judged to be the most suitable title for it orients us towards discovering those core principles in the Qur'an itself which form the underlying framework for our societies throughout the Muslim World. It is the society based on Qur'anic principles which is the goal of all of us, even though we may unknowingly deviate from time to time from those principles. It is the conformance to a Qur'an-based society for which we must all work if the Muslim peoples are to enjoy a felicitous future. It is not an Indonesian, Pakistani, Saudi Arabian, Egyptian or Nigerian version of that society that we should regard as indisputable norm, but one firmly based on the teachings of the Holy Qur'an. Only therein can we find a proper definition of woman's role in society. Since it is these teachings which are the subject of my paper, "Women in a Qur'anic Society" seemed the most proper title.
Thirdly, I wish by this choice of title to emphasize that we should regard the Holy Qur'an as our guide in all aspects of our lives. It is not only the prime source of knowledge about religious beliefs, obligations, and practices, it is also the guide, whether specific or implied, for every aspect of Islamic civilization. In the centuries of past glory, it determined the political, economic, social and artistic creativity of the Muslim peoples. If we are to succeed as members of an Islamic society in the coming decades and centuries, it must again determine our thinking and our actions in an all-inclusive way. Din is not limited to the Five Pillars of the shahadah, salat, siyam, zakat, and the hajj. Din in fact defies simple equation with the English term "religion," for the former's significance penetrates into every nook and cranny of human existence and behaviour. Surely it should be our goal to relate every action to our Din. We can only do this by allowing the Holy Qur'an to in-form and re-form every realm of our lives.
As a step in this direction, let us consider what the Qur'an has to teach us about the society towards which we should be striving, and ponder its effect on the position of women. What are the basic characteristics of a Qur'anic society which particularly affect women?
Five characteristics - which seem basic, crucial and incontrovertible - of Qur'anic society will be considered. Although they are presented in a series, each one rests upon the others and affects them. The interdependence of these five characteristics makes it difficult to speak of any one of them without mention of the others, and of course they do not and cannot exist in isolation from one another.
1. EQUAL STATUS AND WORTH OF THE SEXES
The first of these characteristics of a Qur'anic society which affect women is that both sexes are held to be equal in status and worth. In other words, the Qur'an teaches us that women and men are all creatures of Allah, existing on a level of equal worth and value, although their equal importance does not substantiate a claim for their equivalence or perfect identity. This equality of male and female is documentable in the Qur'an in passages pertaining to at least four aspects of human existence and interaction.
A. Religious Matters
The first of these Qur'anic confirmations of male-female equality are contained in statements pertaining to such religious matters as the origins of humanity, or to religious obligations and rewards.
1. Origins of Humanity. The Qur'an is devoid of the stories found in the Old Testament which denigrate women. There is no hint that the first woman created by God is a creature of lesser worth than the first male, or that she is a kind of appendage formed from one of his ribs. Instead, male and female are created, we read, min nafsin wahidatin ("from a single soul or self") to complement each other (Qur'an 4:1; 7:189). Whereas the Torah or Old Testament treats Eve as the temptress of the Garden of Eden, who aids Satan in enticing Adam to disobey God, the Qur'an deals with the pair with perfect equity. Both are equally guilty of sinning; both are equally punished by God with expulsion from the Garden; and both are equally forgiven when they repent.
2. Religious Obligations and Rewards. The Qur'an is not less clear in commanding equality for men and women in its directives regarding religious obligations and rewards. We read:
Lo! Men who surrender unto Allah, and women who surrender, and men who believe and women who believe, and men who obey and women who obey, and men who speak the truth and women who speak the truth, and men who persevere (in righteousness) and women who persevere and men who are humble and women who are humble, and men who give aims and women who give alms, and men who fast and women who fast, and men who guard their modesty and women who guard (their modesty), and men who remember Allah and women who remember-Allah hath prepared for them forgiveness and a vast reward. (33:35)
B. Ethical Obligations and Rewards
Secondly, the Qur'an reveals to mankind the desired equality of the two sexes by establishing the same ethical obligations and rewards for women and men.
And who so does good works, whether male or female, and he (or she) is a believer, such will enter Paradise and they will not be wronged the dint in a date-stone. (4:124)
Whosoever does right, whether male or female, and is a believer, him verily We shall quicken with good life, and We shall pay them a recompense according to the best of what they do. (16:97)
If Allah subhanahu wa ta'ala had not deemed the two sexes of equal status and value, such explicit statements of their equality in ethical obligations and rewards would not have been made in the Qur'an.
C. Education
Although the more specific commands for the equal rights of women and men to pursue education can be found in the hadith literature, the Qur'an does at least imply the pursuit of knowledge by all Muslims regardless of their sex. For example, it repeatedly commands all readers to read, to recite, to think, to contemplate, as well as to learn from the signs (ayat) of Allah in nature. In fact, the very first revelation to Prophet Muhammad (S) was concerned with knowledge. In a Qur'anic society, there can never be a restriction of this knowledge to one sex. It is the duty of every Muslim and every Muslimah to pursue knowledge throughout life, even if it should lead the seeker to China, we are told. The Prophet (S) even commanded that the slave girls be educated, and he asked Shifa' bint 'Abdillah to instruct his wife Hafsah bint 'Umar. Lectures of the Prophet (S) were attended by audiences of both men and women; and by the time of the Prophet's death, there were many women scholars.
D. Legal Rights
A fourth evidence in the Qur'an for the equality of men and women is its specification of legal rights which are guaranteed for every individual from cradle to grave. Unlike the situation in the West, where until the last century it was impossible for a married woman to hold property on her own, to contract with other persons, or to dispose of her property without the consent of her husband, the Qur'an proclaims the right of every woman to buy and sell, to contract and to earn, and to hold and manage her own money and property. In addition to these rights, the Qur'an grants woman a share in the inheritance of the family (4:7-11), warns against depriving her of that inheritance (4:19), specifies that the dower (mahr) of her marriage should belong to her alone and never be taken by her husband (2:229; 4:19-21,25) unless offered by the woman as a free gift (4:44).
As with any privilege, these rights of women carry corresponding responsibilities. If she commits a civil offence, the Qur'an tells us, woman's penalty is no less or no more than that of a man in a similar case (5:41; 24:2). If she is wronged or harmed, she is entitled to compensation just like a man.
It is clear that the Qur'an not only recommends, but is even insistent upon, the equality of women and men as an essential characteristic of a Qur'anic society. The claim of the non-Muslim critics that Islam denigrates women is denied emphatically by the Qur'an. Similarly denied are the arguments of certain Muslims that women are religiously, intellectually and ethically inferior to men, as Jewish and Christian literatures had earlier maintained.
2. A DUAL SEX RATHER THAN UNISEX SOCIETY
Now let us consider the second basic characteristic of the Qur'anic society which affects the position of women. This is found in the directives for a dual sex rather than a unisex society. While maintaining the validity of the equal worth of men and women, the Qur'an does not judge this equality to mean equivalence or identity of the sexes.
Probably all of you are familiar with the contemporary move toward unisex clothes and shoes, unisex jewellery and hair styles, unisex actions and entertainments. In fact, it is often difficult in America to decide whether one is looking at a boy or a girl. This results from the current notion in Western society that there is little if any difference between the two sexes in physical, intellectual and emotional endowment; and that, therefore, there should be no difference in their functions and roles in society. The dress and the actions are but superficial evidence of this deeper conviction. Accompanied by a downgrading of the qualities and roles traditionally associated with the female sex, this current idea has generated a unisex society in which only the male role is respected and pursued. Although meant to bring a larger measure of equality for women, the idea that men and women are not only equal, but equivalent and identical, has actually pushed women into imitating men and even despising their womanhood. Thus it is generating a new type of male chauvinism. Tremendous social pressures have resulted in stripping women of their role-responsibilities formerly performed by them, and they are forced to live a life devoid of personality and individuality.
The society based on the Qur'an is, in contrast, a dual-sex society in which both sexes are assigned their special responsibilities. This assures the healthy functioning of the society for the benefit of all its members. This division of labour imposes on men more economic responsibilities (2:233, 240-241; 4:34), while women are expected to play their role in childbearing and rearing (2:233; 7:189). The Qur'an, recognising the importance of this complementary sexual assignment of roles and responsibilities, alleviates the greater economic demands made on male members of the population by allotting them a larger share than women in inheritance. At the same time it grants women the right to maintenance in exchange for her contribution to the physical and emotional well being of the family and to the care she provides in the rearing of children. The unisex ideology generates a competitive relationship between the sexes which we find in America and which is disastrous for all members of society: the young; the old; the children; the parents; the single and the married; the male and the female. The dual-sex society, by contrast, is a more natural answer to the question of sexual relationships, a plan encouraging co-operation rather than competition between the sexes. It is a plan which has been found suitable in countless societies through history. Only in very recent times did the idea of sexual non-differentiation or identity achieve prominence, and then primarily in the Western society. Even the medical evidence for mental or emotional difference between the sexes is suppressed in Western research, for it threatens the prevailing trends of thought. How long this socially disastrous movement will continue before it is rejected as bankrupt is not known. But certainly we as Muslims should be aware of its deficiencies and dangerous consequences, and make our societies and young people aware of the disaster caused by it.
Protagonists of the unisex society have condemned the dual-sex human organisation as dangerous for the well-being of women. If dual sex means that one sex is superior to the other, such a situation could have arisen. But in the true Qur'anic society, toward which we all aspire to move, this is not possible. As we have seen above, the Qur'an advocates eloquently the equal status of women and men at the same time as it recognises their generally relevant differences of nature and function. Thus while acknowledging the religious, ethical, intellectual and legal equality of males and females, the Qur'an never regards the two sexes as identical or equivalent. It justifies this stand in its assignment of variant responsibilities and its provisions regarding inheritance and maintenance which match those responsibilities.
3. INTERDEPENDENCE OF THE MEMBERS OF SOCIETY
The third characteristic of the Qur'anic society which is strongly assertive of women's position is the insistence on the interdependence of the members of society. Contrary to the contemporary trend to emphasize the rights of the individual at the expense of society, we find the Qur'an repeatedly emphasising the interdependence of the male and female as well as of all members of society. The wife and husband, for example, are described as "garments" (libas) of each other (2:187), and as mates living and dwelling in tranquillity (33:21;see also 7:189). Men and women are directed to complement each other, not to compete with each other. They are the protectors of each other (9:71). Each is called upon to fulfil certain assigned responsibilities for the good of both and the larger group.
In order to insure this interdependence which is so necessary for the physical and psychological well-being of both men and women, Allah, in the Holy Qur'an, stipulated the reciprocal or mutual duties and obligations of the various members of the family-men and women, fathers and mothers, children and elders, and relatives of all degrees (17:23-26; 4:1, 7-12; 2:177; 8:41; 16:90; etc.). The care of and concern for other members of society is equally a duty of the Muslim.
It is not righteousness that you turn faces to the east and the west; but righteous is he who believes in Allah and the Last Day and the angels and the Scripture and the prophets; and gives his wealth, for love of Him, to kinsfolk and to orphans and the needy and the wayfarer and to those who ask, and to set slaves free ... (2:177)
The Qur'an thereby instils in the Muslim a sense of a place within, and responsibility to society. This is not regarded or experienced as a repression of the individual. Instead the Muslim is constantly encouraged in this interdependence by experiencing the benefits it brings. The economic, social and psychological advantages of such close relationships and concerns within the social group provide more than ample compensation for the individual to sublimate his/her individualistic aspirations. The anonymity and lack of social interdependence among its members in contemporary Western society have caused many serious problems. Loneliness, inadequate care of the aged, the generation gap, high suicide rates, and juvenile crime can all be traced back to the ever-worsening breakdown of social interdependence and the denial of the human necessity for mutual care.
4. THE EXTENDED FAMILY
Closely intertwined with interdependence is the fourth basic characteristic of the Qur'anic society which serves to improve male-female relations. This is the institution of the extended family. In addition to the members of the nucleus that constitutes the family- mother, father and their children-the Islamic family or 'a'ilah also includes grandparents, uncles, aunts and their offspring. Normally Muslim families are "residentially extended;" that is, their members live communally with three or more generations of relatives in a single building or compound. Even where this residential version of the extended family is not possible or adhered to, family connections reaching far beyond the nuclear unit are evident in strong psychological, social, economic and even political ties.
The extended family solidarity is prescribed and strengthened by the Holy Qur'an, where we find repeated references to the rights of kin (17:23-26; 4:7-9; 8:41; 24:22; etc.) and the importance of treating them with kindness (2 :83; 16: 90; etc.). Inheritance portions, for not only the nuclear family members but those of the extended family as well, are specifically prescribed (2:180-182; 4:33,176). Dire punishment is threatened for those who ignore these measures for intra-family support (4:7-12). The extended family of Islamic culture is thus not merely a product of social conditions, it is an institution anchored in the word of God Himself and buttressed by Qur'anic advice and rules.
The extended family is an institution which can provide tremendous benefits for both women and men when it exists in conjunction with the other basic characteristics of a Qur'anic society.
1) It guards against the selfishness or eccentricity of any one party, since the individual faces not a single spouse but a whole family of peers, elders and children if he or she goes "off course."
2) It allows for careers for women without detriment to themselves, spouse, children or elders, since there are always other adults in the home to assist the working wife or mother. Career women in an Islamic extended family suffer neither the physical and emotional burden of overwork nor the feeling of guilt for neglecting maternal, marital or familial responsibilities. In fact, without this sort of family institution, it is impossible to imagine any feasible solution for the problems now facing Western society. As more and more women enter the work force, the nuclear family is unable to sustain the needs of its members. The difficulties in the single parent family are of course magnified a hundred-fold. The strain that such family systems put on the working woman are devastating to the individual as well as to the marriage and family bonds. The dissolutions of families which result and psychological and social ramifications of the high divorce rate in America and other Western nations are the growing concern of doctors, lawyers, psychiatrists and sociologists as well as, of course, of the unfortunate victims of these phenomena.
3) The extended family insures the adequate socialisation of children. A mother's or father's advice in a nuclear or single parent family may be difficult to be followed by an unruly or obstinate child, but the combined pressure of the members of a strong extended family is an effective counter to non-conformance or disobedience.
4) The extended family provides for psychological and social diversity in companionship for adults as well as children. Since there is less dependence on the one-to-one relationship, there are less emotional demands on each member of the family. A disagreement or clash between adults, children or between persons of different generations does not reach the damaging proportions it may in the nuclear family. There are always alternative family members on hand to ease the pain and provide therapeutic counselling and companionship. Even the marriage bond is not put to the enormous strains that it suffers in the nuclear family.
5) The extended family or a'ilah guards against the development of the generation gap. This social problem arises when each age group becomes so isolated from other generations that it finds difficulty in achieving successful and meaningful interaction with people of a different age level. In the 'a'ilah, three or more generations live together and constantly interact with one another. This situation provides beneficial learning and socialisation experiences for children and the necessary sense of security and usefulness for the older generation.
6) The 'a'ilah eliminates the problems of loneliness which plague the isolated and anonymous dwellers in the urban centres of many contemporary societies. The unmarried woman, or the divorced or widowed woman in an Islamic extended family will never suffer the problems that face such women in contemporary American society, for example. In a Qur'anic society, there is no need for the commercial computer dating establishments, the singles' clubs and bars, or the isolation of senior citizens in retirement villages or old people's homes.
The social and psychological needs of the individual, whether male or female, are cared for in the extended family.
As marriage-bonds grow more and more fragile in Western society, women tend to be the chief victims of the change. They are less able to re-establish marriage or other bonds than men, and they are more psychologically damaged by these losses.
7) The extended family provides a more feasible and humane sharing of the care of the elderly. In the nuclear family unit, the care of the elderly parent or parents of one spouse may fall entirely on one individual, usually the mother of the family. She must provide for the extra physical care as well as for the emotional well-being of the elderly. This is a tremendous burden on a woman who probably has children's and husband's needs to attend to as well. If she is a working mother, the burden can be unmanageable; and the elderly are put in an old peoples' home to await death. With the shared responsibilities and duties that the extended family provides, the burden is significantly lightened .
5. A PATRIARCHAL FAMILY ORGANIZATION
The fifth basic characteristic of a Qur'anic society is that it is patriarchal. Contrary to the goals of the Women's Liberation movement, the Qur'an calls for a society which assigns the ultimate leadership and decision-making role in the family to men.
Any society is made up of smaller organisations of humans, governments, political parties, religious organisations, commercial enterprises, extended families, etc. Each of these organs needs to be stable, cohesive and manoeuvrable if it is to be beneficial to its constituents. In order to acquire these characteristics, the organisation must assign ultimate responsibility to some individual or some group within its ranks.
Therefore, the citizens may vote, parliament may legislate, and the police may enforce the law; but it is ultimately the head of state that carries the burden of making the crucial decisions for the nation, as well as the onus or approval, i.e., the responsibility, for those decisions. In like manner, the work of a factory is conducted by many individuals, but all of them are not equally capable of making the ultimate decisions for the company. Neither is each employee equally charged with the responsibility for the organisation's success or failure.
The family also has need for someone to carry the burden of ultimate responsibility for the whole. The Qur'an has assigned this role to the most senior male member of the family. It is this patriarchal assignment of power and responsibility which is meant by such expressions as "wa lil rijali 'alathinna darajatun " (2.228; see supra, pp. 40, 41), and "al-rijalu qawwdmuna 'ala al-nisa'i.... " (4:34). Contrary to misrepresentations by the Qur'an's enemies, these passages do not mean the subjugation of women to men in a gender-based dictatorship. Such an interpretation shows a blatant disregard of the Qur'an's repeated calls for the equality of the sexes and for its command to show respect and kindness to women. The passages in question point instead to a means for avoiding internal dissension and indecision for the benefit of all family members. They advocate for a patriarchal society.
In addition, we would draw attention to the use of the word qawwamun in the statement, al-rijalu qawwamuna 'ala al-nisa'i ... (4:34). Certainly the verb qawwama, from which the verbal noun qawwamun is derived, does not imply despotic overlordship. Instead, the term refers to the one who stands up (from qama, "to stand") for another in a protective and benevolent way. If an autocratic or domineering role for the male half of the society had been meant, there are many other verbal derivatives which would have been more applicable, for example, musaytirun and muhayminun Other instances of the Qur'anic use of the term qawwamun confirm this supportive rather than authoritarian or tyrannical meaning of the term (see 4:127-135; 5:9). Ascription of a different significance to the passage in question is, therefore, ideologically inconsistent as well as linguistically unsupportable.
Why should the Qur'an specify male leadership for the 'a'ilah, i.e., a patriarchal family, rather than a matriarchal organisation? The Qur'an answers that question in the following manner:
Men are in charge of women, because Allah has made the one of them to excel the other, and because they spend of their property (for the support of women)....(4:34)
Physical and economic contributions and responsibility are, therefore, the Qur'anic reasons for proposing a patriarchal rather than a matriarchal society.
Some Westerners, confronted by the problems of contemporary society, are beginning to ask such questions as: Where can we turn for help? What can we do in the face of the present social disintegration? It is a time of despair and searching as Western society reels under the blows of steadily increasing personal disorientation and societal dissolution.
What can we do as Muslims to help? First of all, we must build true Qur'anic societies throughout the Muslim World. Without these, we cannot establish equitable and viable accommodation for the interaction of men and women in society. In addition, we cannot hope to establish in the coming generations a respect for and loyalty to our societies and their accompanying institutions if pseudo-Islamic societies are the only ones we are capable of producing and maintaining. Pseudo-Islamic measures or institutions are actually anti-Islamic; for they posit a model which cannot be respected, and attach to it the label of "islam" in the minds of many Muslims as well as non-Muslim. this results in a wrongful transfer of the onus of the faulty institution to the religion of Islam itself.
We must educate our fellow Muslims-and especially the youth for they are the leaders of tomorrow-with regard to the importance and viability of their (Qur'anic traditions concerning women, the family and society. Despite the failure of alternative contemporary Western social patterns, some Muslims seem to hanker after the Western brand of sexual equality, its unisex ideas and modes of behaviour, overemphasis on individualism or personal freedom from responsibility, and the nuclear family system. We must awake to the dangers which accompany such social ideas and practices. If the consequences of these ideas and practices are not pointed out and combated, we are doomed to an unfortunate future as such social experiments are to fail ultimately.
But even this is not an adequate response for us as Muslims. As vicegerents of Allah on earth (2:30), it is our duty to be concerned about the whole world and about all of God's creatures. In the light of the command to propagate the will of Allah in every corner of the earth, we should not neglect to suggest or offer the good that we know to others. It is time for Islam and the Muslims to present their solutions of the problems of contemporary society, not only to the Muslim audience, but to the non-Muslim audience as well. This can and should be done through the living example of true Qur'anic societies in which the problems of men and women are resolved. It should also be done through informative writings and discussions by our scholars which could be made available to Muslims and non-Muslims alike.
There is no better way to serve the will of Allah and the whole of mankind. There is no better da'wah than such offering of a helping hand to the struggling victims of contemporary society.
The Role of Muslim Women in an Islamic Society
The Role of Muslim Women in an Islamic Society
A publication of the Ikhwan Muslimeen (Muslim Brotherhood)
This translation of the official document is copyrighted. You may copy and distribute it freely for private use but it may not be published under another name or mass-produced without permission. To obtain permission, please send e-mail to mail.mb@prelude.co.uk
The Role of Muslim Women in an Islamic Society and the stand of the Muslim Brotherhood regarding Womens' rights to vote, be elected, occupy public and governmental posts, and work in general.
INTRODUCTION
The Status of Women as Defined by Islam
The woman is a mother and it is said that "Paradise lies under her feet" (reported by Al Tabarani). In an authentic hadith the Prophet (peace be upon him)(SAAS) was asked by a man: 'Who is the one most worthy of my care?'. The Prophet replied: 'Your mother'. The man asked: 'Then whom?'. He replied: 'Your mother'. The man further asked: 'Then whom?'. He replied: 'Your mother'. The man asked: 'Then whom?'. And in this fourth time the Prophet replied: 'Then your father.' This shows that Allah has placed the care of the mother as a primary responsibility of her sons.
Allah, exalted be He, says: {Your Lord has decreed that you worship none but Him and that you be kind to parents. When one or both of them attains old age in your life, say not to them a word of disrespect, nor repel them but address them in terms of honour.} (Surat Al-Isra' (17), ayah 23).
A woman is also a daughter and sister and like their male brothers, are born of the same lineage and from the same womb: {He bestows female (offspring) upon whom He wills, and bestows male (offspring) upon whom Him wills.} (Surat Al-Shura (42), ayah 49). The Prophet (SAAS) says: 'Women are the (equal) sisters of men'.
A woman is also a wife who is a source of comfort for her husband as he is to her: {And among His signs is this, that He created wives from among yourselves, that you may dwell in tranquillity with them, and He has put love and mercy between your (hearts)} (Surat Al-Rum (30), ayah 21). Allah also said: {They are like a garment to you and you are like a garment to them} (Surat Al-Baqara (2), ayah 187)
Women make up half of society and they are responsible for the nurturing, guidance and reformation of the subsequent generations of men and women. It is the female who imbues principles and faith into the souls of the nation.
Allah, exalted be He, created Adam from clay and Eve from Adam, and mankind came from both of them: {O mankind! Fear your Guardian Lord, who created you from a single person, created out of it, his mate, and from them twain scattered (like seeds) countless men and women;} (Surat Al-Nisa (4), ayah 1). {It is He Who created you from a single person, and made his mate of like nature, in order that he might dwell with her (in love).}(Surat Al-A'raf (7), ayah 189).
There is no direct or indirect text in the Islamic Law (Shari'a) that even remotely suggests that women are inherently evil or impure as found in some distorted creeds that attribute lies to God. In fact, the Prophet (SAAS) said in an authentic hadith that 'A believer is never impure'.
People are differentiated in Islam according to their faith, God-consciousness and good conduct. Allah, exalted be He, says: {O mankind! We created you from a single (pair) of male and female, and made you into nations and tribes, that you may know one another. Verily, the most honourable of you in the sight of Allah is (he who is) the most God-fearing} (Surat AI-Hujurat (49), ayah 13). He also says: {And their Lord has accepted of them, and answered them: 'Never will I suffer to be lost the work of any of you, be he male or female: you are members, one of another',} (Surat Al-Imran (3), ayah 195). {Whoever works righteousness, whether male or female, and has faith, verily, to him will We give a life that is good and pure, and We will bestow on such their reward according to the best of their actions.} (Surat Al-Nahl (16), ayah 97).
There is nothing in the Quran or the Sunnah (Prophet's tradition) to support the allegations made by the distorted creeds that have attributed lies to Allah by claiming that it was Eve who seduced Adam into eating from the tree. The Quran categorically addresses the Divine command to both Adam and Eve: {O, Adam dwell you and your wife in the Garden, and eat thereof as you both wish: but approach not this tree, lest you become of the unjust. Then Satan whispered suggestions to them, in order to uncover that which was hidden from them (before); he said: 'Your Lord only forbade you this tree, lest you should become angels or such beings as live for ever.' And he (Satan) swore to them both, (saying) that he was their sincere advisor.} (Surat Al-Araf (7), ayah 19-21). Both repented together: {They said: 'Our Lord, we have wronged our own souls: If You forgive us not and bestow not upon us Your Mercy, we shall certainly be lost.'} (Surat Al-Araf (7), ayah 23). Also {Then did Satan make them slip from the (Garden), and get them out of the state (of felicity) in which they had been.} (Surat Al-Baqarah (2), ayah 36).
Thus, the Quran and the authentic traditions have refuted all false claims and superstitions that may arise concerning women and their purity.
A woman's responsibility in faith is exactly the same as that of a man. She is accountable for her belief in Allah and the Prophet (SAAS) even if her closest of kin, like her father, husband or brother disagrees with her in this. Allah, the All-Wise and All-Knowing gave an example of the infidels through two women and an example of the faithful also citing two women. {Allah sets forth an example for those who disbelieve, the wife of Noah and the wife of Lot: they were under two of our righteous servants but they both betrayed their (husbands by rejecting their doctrine), so they (Noah and Lot) benefited them (their wives) not against Allah, and it was said: 'Enter the Fire along with those who enter!' And Allah has set forth, as an example to those who believe the wife of Pharaoh: Behold she said: 'O My Lord! Build for me, in nearness to You, a mansion in the Garden, and save me from Pharaoh and his doings, and save me from those that do wrong'; And Mary the descendant of 'Imran, who guarded her chastity and We breathed into (her body) of Our Spirit; and she testified to the truth of the words of her Lord and of his Revelations, and was one of the devout (servants).} (Surat Al-Tahrim (66), ayah 10-12).
The Muslim woman, like the Muslim man is called upon to believe in Allah, the Day of Judgement, the Book, the Angels, and the Prophets, etc. She is also asked to perform prayers, pay out the Zakat duty, fast in the month of Ramadan and perform Pilgrimage to the Holy Places if she can do so. She must also call for the good and forbid evil in addition to being responsible for the well-being of the Muslim community. {The believers, men and women, are guardians, one of another: they enjoin what is just, and forbid what is evil,} (Surat Tawbah (9), ayah 71); {O you who believe! When there come to you believing women refugees, examine them. Allah is more knowledgeable of their faith. If you find them to be believers, do not return them to the infidels} (Surat Al-Mumtahina (60), ayah 10). {O Prophet, when believing women come to you to give you the pledge that they will not associate anything in worship with Allah, that they will not steal, they will not commit adultery (or fornication), that they will not kill their children, that they will not utter slander intentionally forging falsehood, and that they will not disobey you in anything that is virtuous then accept their allegiance and ask Allah to forgive them,} (Surat Al-Mumtahina (60), ayah 12).
A woman also has to study the Islamic teachings for her own personal guidance the same as the male. She is responsible for conveying and communicating Islam. {Ask the knowledgeable people if you do not know.} (Surat Al-Anbia' (21), ayah 7) {of every troop of them, a party only should go forth, that they (who are left behind) may get instructions in (Islamic) religion, and that they may warn their people when they return to them, so that they may beware of evil.} (Surat Tawbah (9), ayah 122).
The hudood (punishments) that are prescribed in the Shari'a are the same for men and women; the female thief is punished the same as the male thief, the adulteress is punished like the adulterer, the female wine-drinker is punished like the male wine-drinker, and the female who wages war on Allah and the Prophet is punished like the male who does so.
In qisas (retribution), the woman's soul is equal to that of the man. The murderess is like the murderer and the murdered woman is like the murdered man. Qisas is exacted from a man if he kills a woman exactly and as equally as when he kills a man. Blood money rules do not discriminate between male and female.
It has been shown throughout the history of Islam that women took part in the First and Second Ba'yat al-Aqabah (pledges of allegiance). Furthermore, it was Khadija, the wife of the Prophet Mohamed (SAAS) who was the first to believe in, support and comfort our Prophet. It was Somayya who was among the first to be martyred upholding Islam. Al-Bukhari and Ahmed (reporters of the traditions of the Prophet Mohamed) cited Al-Rabiyya' the daughter of Mu'awadh as saying: 'We used to participate in the battles with the Prophet of Allah. We gave water to the fighters, served them, and returned the dead and wounded to Medina.'
Also Muslim, Ibn Majah and Ahmed (in their narrations) said that Umm Ateyya, the Ansari , said: 'I accompanied the Messenger of Allah (SAAS) seven times, guarding the camp, making the food, treating the wounded and caring for the sick'.
In his Sahih, Muslim reported Umm Sulaim, the wife of Abi Talha, as saying that she carried a dagger on the day of the battle, of Hunain. When the Prophet (SAAS) asked her about it she said, 'I carry it so that I can defend myself against the enemies.' The Messenger (SAAS) did not forbid this. Nusaibah, the daughter of Ka'b, fought in the wars of riddah (apostasy) at the time of the caliphate of Abu Bakr and she suffered many wounds caused by stabs and strikes.
A marriage is not valid in the Shari'ah of Allah without the approval, acceptance and consent of the woman and it is forbidden by the Shari'a that she be forced to marry someone that she does not accept.
The woman has full financial status that is no less than that of the man. She has the right, in the same way that a man does, to possess all types of wealth whether it be in the form of assets, real estate or cash. She has the right to use her wealth in any manner she wishes to as long as it is approved by the Shari'a. So she can buy, sell, trade, barter, provide grants and loans, incur loans, exchange assets etc. All these actions do not require the consent of any male whether this be her father, husband, or brother. In his sahih, Al-Bukhari titles one chapter: "A woman is permitted to free slaves and give gifts to someone other than her husband, unless she is mentally deranged." In this he reported that Umm al-Muminin, the wife of the Messenger of Allah (SAAS), Maimunah bint Al-Harith freed a girl born as her slave without asking for the Prophet's (SAAS) permission. When she mentioned this to him he said: 'If you had given her to your maternal uncle as a gift, your reward (with Allah) would have been greater.'
In one saying, the Messenger (SAAS) said that women are less (than men) in mind, deen and fortune, however he has explained this saying in a manner that is consistent with the texts cited concerning the rights, dignity and honour of women.
The lesser degree in deen does not mean a lesser degree of Iman (Belief) or that she is less human, in that she cannot rise to the highest ranks. This only means that Allah Himself has exempted her from certain forms of ritual worship at certain times, such as prayers and fasting during her ha'id (menstruation periods) and during her nifaas (bleeding time after delivery). The lesser fortune only means that in some cases of inheritance a woman's share is less than that of a man's. The Messenger (SAAS) did not generalise this to other rights or to anything indicating a lesser status. The lesser mind is concerning the status of a woman's testimony in certain matters like debts and sale contracts, and in hudood (punishments). It does not imply anything other than this and is not generalised to degrade women into being inferior to men.
Indeed, in this regard, it should be pointed out that there are certain matters which only accept the testimony of a woman and not that of a man. Furthermore, women are unanimously accepted as narrators of ahadith (the sayings of the Prophet Mohamed), and this means that their testimony in narrating ahadith is treated like that of a man. In addition to this a woman is responsible towards her duties to her faith and she has full independence in her right to possess, and in her right to make contracts. If she was supposed to have a lesser mind, the contracts and other dealings would have required the assistance of a male.
The Quran addresses everyone, men and women, equally: {The Muslim men and Muslim women, the believing men and believing women, the worshipping men and worshipping women, the truthful men and truthful women, the pious men and pious women, the alms-giving men and the alms-giving women, the fasting men and fasting women, the men who are chaste and the women who are chaste, the men who remember Allah much and the women who do likewise, Allah has prepared a forgiveness and a great reward for all.} (Surat Al-Ahzab (33), ayah 35). Allah also says: {It is not for a believing man or woman, when Allah and His messenger have decreed a matter, that they should have any option in their decision.} (Surat Al-Ahzab (33), ayah 36) and {Say to the believers to lower off their gaze and be chaste for this is more pure for them and God knows what they do. Say to the believing women to lower off their gaze and be chaste.} (Surat Al-Nour (24), ayah 30).
As for the Qawwaamah (directing role) that men have over women as mentioned in Allah's saying {men are the protectors and maintainers of women} (Surat Al-Nisa' (4), ayah 34), this should not be understood as an absolute and general attitude in all things and for all men over all women. The above verse goes on to an explanation of the matter. {For what Allah has favoured some of them over others and for the money they spend.} This determines that a directing role is confined to the family alone and to matters only concerning the husband and wife relationship. As was said earlier the husband has no such directing role over the financial assets of his wife. All her decisions concerning her own property are valid and the husband can not nullify any of them. None of these decisions require the husband's permission.
This Qawwaamah is merely a matter of leadership and directing in exchange for duties that should be performed. For it is the husband who pays the dowry in marriage, it is he who provides the house, its furniture, and all its needs and it is he who provides for the wife and children. He cannot force his wife to pay for any of these expenses even if she is wealthy. In most cases, the husband is older and it is the husband who is usually the breadwinner of the family and mixes more, with a wider range of people. Every type of group including the family must have a leader to guide it within the limits of what Allah has ordained for there can be no obedience for a human being in a matter involving disobedience to the Creator. It is the husband who is qualified for that leadership.
This role is not one of repression, hegemony, or tyranny but one of kindness, love and gentleness. It directs to the right path in wisdom and benevolence. It is fundamentally based on consultations, as the Quran speaks of the Muslims as {having their affairs in consultation among them.} (Surat Al-Shura (42), ayah 38); this being a general injunction. There is also a specific order in Quran for consultations in the affairs of marriage: {Should they (husband and wife) wish to separate from each other in agreement and upon consultation then they can do so blame lessly.} (Surat Al-Baqara (2),ayah 232). Similarly, in divorce: {And it is not lawful for you (men) to take back (from your wives) any of your gifts which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives something for her freedom} (Surat Al-Baqara (2), ayah 229). Add to this Allah's saying: {Live with them (wives) in honourably (kindness). If you hate them, it may be that you hate a thing and Allah brings through it a great deal of Good.} (Surat Al-Nisa' (4), ayah 19). Other texts in the Shari'a indicate in a clear manner that marital life is based on comfort, gentleness and love and they categorically set out the meaning of Qawwaamah and its limits. Qawwaamah does not mean that women are lower or that they have less rights, Qawwaamah means, as Allah has indicated, that men are responsible for what they spend.
The general rule, therefore, is equality between men and women. The exceptions are from Allah, the All-Knowing and All-Aware because it is He who knows His creation best and the exceptions are in those specific characteristics that distinguish the female from the male. These differences are due to the separate functions that have been accorded to the male and the female. It is because of these complimentary and necessary distinctions that a man becomes attracted to a woman and a woman becomes attracted to a man and a marriage can be a happy, constructive and a healthy one.
The woman's nature as the mother means that there are certain virtues which Allah has made specific to her such as the protection of her honour and the honour of her offspring. For example, religious texts ordained that the woman's body, except for the face and the hands, should be covered in front of all except those who are a mahram (those she is forbidden to marry). And that a woman should not sit in private with a man who is not mahram.
Furthermore, the female has a greater sense of modesty and sensitivity. Hence, though she should demand her rights and practise them accordingly, this practice should be such that her modesty, dignity, virtue and sanctity be preserved.
We must not forget that the woman has a noble and significant task entrusted to her by Allah Almighty, child-bearing and motherhood. A man cannot undertake this most noble of tasks, which is being denigrated today by some; furthermore the human race itself would disappear in the absence of this process. Moreover, it is the mother that suckles the baby with her milk, giving out of care, nurturing the child, the effects of which remain with him throughout his life. The woman is also the lord of the house and it is her task to care for the family and prepare the home as a place of comfort; her role is a huge responsibility and noble mission that must not be in any way neglected or underestimated.
These characteristics, duties and rights which have been allocated to women by Allah are in balance with the duties she has towards her husband and her children. These duties must be given precedence over other responsibilities and they are necessary for the stability of the family which is the basic cell of the society and the cause for its cohesion, strength, and efficiency. However, the husband has a right to permit his wife to work. This right is to be regulated by an agreement between the husband and the wife. Such rights should not be regulated by law and the authorities should not interfere with them except in some rare cases.
THE WOMAN'S RIGHT TO VOTE, BE ELECTED AND OCCUPY PUBLIC AND GOVERNMENTAL POSTS.
We hope that we have been able to shed some light on the status of the Muslim woman in an Islamic society concerning her rights and duties. We now deal with the issue of the woman's right to vote and be elected as a member to representative councils, or to assume public office or carry out professional work.
Firstly, women and the right of electing members of representative councils and similar bodies
We are of the view that there is nothing in Shari'a to prevent women from taking part in these matters. Allah says: {the men believers and the women believers are responsible for each other . They enjoin the good and forbid the evil } (Surat al-Tawbah' (9), ayah 71) and His saying {Let there arise out of you a group of people inviting to all that is good and forbidding all Evil. And it is they who are the successful.} (Surat Al-Imran (3), ayah 104). This verse includes a command that gives women the right to enjoin the good and forbid the evil and part of this is the right to vote for the representative council in the elections. Some Muslim countries stipulate that it is the absolute right of women to vote in the elections because these countries wish to demonstrate their "democratic basis"; the Muslim women should not avoid this opportunity because their reluctance to vote can often weaken the position of the Islamic candidates.
Secondly, women's membership in representative councils and similar bodies
We are of the view that there is nothing in the Shari'a texts to prevent this either. The views we cited earlier concerning their right to vote applies to their right to be elected as well.
There are some views which are held by others which support the contrary, they say that: 1- Women lack the knowledge of practising public affairs. Hence, they can be easily misled. This argument is refuted by the fact that an ignorant woman is like an ignorant man. Not all women are ignorant and not all men are educated or experienced in public affairs. We are dealing with the basic right, not with the conditions that must be present in every candidate whether they be male or female. This is quite another issue. We call for the education and the enlightenment of both women and men, and the exertion of all possible efforts in this connection, this being an important objective and duty made binding by the Shari'a.
2- It is argued that women undergo menstruation, child-bearing and labour -a fact which may hamper their performance in the council to which they are elected. But this can be refuted by saying that men also may be subject to misjudgement or illness which may impair their performance. Add to this, that membership in representative councils has certain conditions including a certain age range for the deputy of between thirty and forty years. In most cases, when a woman is around the age of forty, she will have completed her burdens of child-bearing, and would have attained to a phase of mental and psychological maturity, as well as emotional stability. It is unlikely that a person in the minimum age limit can gain a seat in the representative office because this requires long experience for many years in the exercise of public office. Statistics show that only a few members of representative bodies are in or near the minimum mandatory age. The majority are much older.
We are speaking about the right of standing for membership, we are not dealing with the qualifications necessary for conditions of membership for men and women. It is up to the voters to choose if they see that the female candidate is not in a condition or a state which enables her to perform her duties. It is supposed that they will not support her and that the body patronising her will be reluctant to go on doing so or to field her as candidate.
3- Immodesty and intermingling of the sexes are also cited as counter-arguments. We do not call for immodesty and free mixing of the sexes. For the woman is bound by the Shari'a to abide by the Islamic dress code whether she goes out to take part in elections or to attend the sessions of the council in which she is a member or for any other purpose. It is a duty to set aside election centres for women, which are already in effect in most Islamic countries. Women should be allocated special places in the representative councils so that there will be no fear of crowding or intermingling.
4- Travelling abroad by a female member, without company of a mahram, is similarly cited in opposition but it can be countered by realising that it is not necessary for her to travel without the company of a mahram. She need not be in a situation without secure company nor in any situation which is not within the boundaries of the Shari'ah.
Thirdly, Women's holding of Public Office
The only public office which it is agreed upon that a woman cannot occupy is the presidency or head of state. As for judiciary office, the jurisprudents have differed over women's holding of it. Some, like Al-Tabari and Ibn-Hazm, said this is permissible without any restrictions. The majority of jurispudents, however, have forbidden it completely. But there have been those who allowed it for certain types of legal matters and forbade it in others (like the Imam Abu Hanifa). As long as the matter is the subject of interpretation and consideration, it is possible to choose from these opinions in accordance with the fundamentals of the Shari'a and to achieve the interests of Muslims at large as governed by the Shari'a controls and also in accordance to the conditions and circumstances of society. As for other types of public office the woman can accept them as there is nothing in the Shari'a to prevent her from doing so. Also, there is nothing to prevent her from working in what is permissible since the public office is a type of work that the Shari'a allowed women to undertake. Women can work in professions becoming doctors, teachers, nurses, or such fields which she or the society may need.
A GENERAL REMARK
We, The Muslim Brotherhood, wish to draw attention to the need of distinguishing between a person's having a right and the way, the conditions, and the appropriate circumstances for the use of that right. Thus, if today's societies have different social circumstances and traditions it is acceptable that the exercise of these rights should be gradually introduced in order for the society to adjust to these circumstances. More importantly, such an exercise should not lead to the violation of ethical rules laid down by the Shari'a and made binding by it.
We completely reject the way that western society has almost completely stripped women of their morality and chastity. These ideals are built upon a philosophy which is in contradiction to the Shari'ah and its morals and values. It is important in our Islamic Society, that the Islamic principles, morals and values are upheld with the fullest conviction, honour and austerity, in obedience to Allah, exalted be He.
And all praise is due to Allah, in the beginning and the end. May the blessings of Allah be upon His Messenger and his companions and his family.
A publication of the Ikhwan Muslimeen (Muslim Brotherhood)
This translation of the official document is copyrighted. You may copy and distribute it freely for private use but it may not be published under another name or mass-produced without permission. To obtain permission, please send e-mail to mail.mb@prelude.co.uk
The Role of Muslim Women in an Islamic Society and the stand of the Muslim Brotherhood regarding Womens' rights to vote, be elected, occupy public and governmental posts, and work in general.
INTRODUCTION
The Status of Women as Defined by Islam
The woman is a mother and it is said that "Paradise lies under her feet" (reported by Al Tabarani). In an authentic hadith the Prophet (peace be upon him)(SAAS) was asked by a man: 'Who is the one most worthy of my care?'. The Prophet replied: 'Your mother'. The man asked: 'Then whom?'. He replied: 'Your mother'. The man further asked: 'Then whom?'. He replied: 'Your mother'. The man asked: 'Then whom?'. And in this fourth time the Prophet replied: 'Then your father.' This shows that Allah has placed the care of the mother as a primary responsibility of her sons.
Allah, exalted be He, says: {Your Lord has decreed that you worship none but Him and that you be kind to parents. When one or both of them attains old age in your life, say not to them a word of disrespect, nor repel them but address them in terms of honour.} (Surat Al-Isra' (17), ayah 23).
A woman is also a daughter and sister and like their male brothers, are born of the same lineage and from the same womb: {He bestows female (offspring) upon whom He wills, and bestows male (offspring) upon whom Him wills.} (Surat Al-Shura (42), ayah 49). The Prophet (SAAS) says: 'Women are the (equal) sisters of men'.
A woman is also a wife who is a source of comfort for her husband as he is to her: {And among His signs is this, that He created wives from among yourselves, that you may dwell in tranquillity with them, and He has put love and mercy between your (hearts)} (Surat Al-Rum (30), ayah 21). Allah also said: {They are like a garment to you and you are like a garment to them} (Surat Al-Baqara (2), ayah 187)
Women make up half of society and they are responsible for the nurturing, guidance and reformation of the subsequent generations of men and women. It is the female who imbues principles and faith into the souls of the nation.
Allah, exalted be He, created Adam from clay and Eve from Adam, and mankind came from both of them: {O mankind! Fear your Guardian Lord, who created you from a single person, created out of it, his mate, and from them twain scattered (like seeds) countless men and women;} (Surat Al-Nisa (4), ayah 1). {It is He Who created you from a single person, and made his mate of like nature, in order that he might dwell with her (in love).}(Surat Al-A'raf (7), ayah 189).
There is no direct or indirect text in the Islamic Law (Shari'a) that even remotely suggests that women are inherently evil or impure as found in some distorted creeds that attribute lies to God. In fact, the Prophet (SAAS) said in an authentic hadith that 'A believer is never impure'.
People are differentiated in Islam according to their faith, God-consciousness and good conduct. Allah, exalted be He, says: {O mankind! We created you from a single (pair) of male and female, and made you into nations and tribes, that you may know one another. Verily, the most honourable of you in the sight of Allah is (he who is) the most God-fearing} (Surat AI-Hujurat (49), ayah 13). He also says: {And their Lord has accepted of them, and answered them: 'Never will I suffer to be lost the work of any of you, be he male or female: you are members, one of another',} (Surat Al-Imran (3), ayah 195). {Whoever works righteousness, whether male or female, and has faith, verily, to him will We give a life that is good and pure, and We will bestow on such their reward according to the best of their actions.} (Surat Al-Nahl (16), ayah 97).
There is nothing in the Quran or the Sunnah (Prophet's tradition) to support the allegations made by the distorted creeds that have attributed lies to Allah by claiming that it was Eve who seduced Adam into eating from the tree. The Quran categorically addresses the Divine command to both Adam and Eve: {O, Adam dwell you and your wife in the Garden, and eat thereof as you both wish: but approach not this tree, lest you become of the unjust. Then Satan whispered suggestions to them, in order to uncover that which was hidden from them (before); he said: 'Your Lord only forbade you this tree, lest you should become angels or such beings as live for ever.' And he (Satan) swore to them both, (saying) that he was their sincere advisor.} (Surat Al-Araf (7), ayah 19-21). Both repented together: {They said: 'Our Lord, we have wronged our own souls: If You forgive us not and bestow not upon us Your Mercy, we shall certainly be lost.'} (Surat Al-Araf (7), ayah 23). Also {Then did Satan make them slip from the (Garden), and get them out of the state (of felicity) in which they had been.} (Surat Al-Baqarah (2), ayah 36).
Thus, the Quran and the authentic traditions have refuted all false claims and superstitions that may arise concerning women and their purity.
A woman's responsibility in faith is exactly the same as that of a man. She is accountable for her belief in Allah and the Prophet (SAAS) even if her closest of kin, like her father, husband or brother disagrees with her in this. Allah, the All-Wise and All-Knowing gave an example of the infidels through two women and an example of the faithful also citing two women. {Allah sets forth an example for those who disbelieve, the wife of Noah and the wife of Lot: they were under two of our righteous servants but they both betrayed their (husbands by rejecting their doctrine), so they (Noah and Lot) benefited them (their wives) not against Allah, and it was said: 'Enter the Fire along with those who enter!' And Allah has set forth, as an example to those who believe the wife of Pharaoh: Behold she said: 'O My Lord! Build for me, in nearness to You, a mansion in the Garden, and save me from Pharaoh and his doings, and save me from those that do wrong'; And Mary the descendant of 'Imran, who guarded her chastity and We breathed into (her body) of Our Spirit; and she testified to the truth of the words of her Lord and of his Revelations, and was one of the devout (servants).} (Surat Al-Tahrim (66), ayah 10-12).
The Muslim woman, like the Muslim man is called upon to believe in Allah, the Day of Judgement, the Book, the Angels, and the Prophets, etc. She is also asked to perform prayers, pay out the Zakat duty, fast in the month of Ramadan and perform Pilgrimage to the Holy Places if she can do so. She must also call for the good and forbid evil in addition to being responsible for the well-being of the Muslim community. {The believers, men and women, are guardians, one of another: they enjoin what is just, and forbid what is evil,} (Surat Tawbah (9), ayah 71); {O you who believe! When there come to you believing women refugees, examine them. Allah is more knowledgeable of their faith. If you find them to be believers, do not return them to the infidels} (Surat Al-Mumtahina (60), ayah 10). {O Prophet, when believing women come to you to give you the pledge that they will not associate anything in worship with Allah, that they will not steal, they will not commit adultery (or fornication), that they will not kill their children, that they will not utter slander intentionally forging falsehood, and that they will not disobey you in anything that is virtuous then accept their allegiance and ask Allah to forgive them,} (Surat Al-Mumtahina (60), ayah 12).
A woman also has to study the Islamic teachings for her own personal guidance the same as the male. She is responsible for conveying and communicating Islam. {Ask the knowledgeable people if you do not know.} (Surat Al-Anbia' (21), ayah 7) {of every troop of them, a party only should go forth, that they (who are left behind) may get instructions in (Islamic) religion, and that they may warn their people when they return to them, so that they may beware of evil.} (Surat Tawbah (9), ayah 122).
The hudood (punishments) that are prescribed in the Shari'a are the same for men and women; the female thief is punished the same as the male thief, the adulteress is punished like the adulterer, the female wine-drinker is punished like the male wine-drinker, and the female who wages war on Allah and the Prophet is punished like the male who does so.
In qisas (retribution), the woman's soul is equal to that of the man. The murderess is like the murderer and the murdered woman is like the murdered man. Qisas is exacted from a man if he kills a woman exactly and as equally as when he kills a man. Blood money rules do not discriminate between male and female.
It has been shown throughout the history of Islam that women took part in the First and Second Ba'yat al-Aqabah (pledges of allegiance). Furthermore, it was Khadija, the wife of the Prophet Mohamed (SAAS) who was the first to believe in, support and comfort our Prophet. It was Somayya who was among the first to be martyred upholding Islam. Al-Bukhari and Ahmed (reporters of the traditions of the Prophet Mohamed) cited Al-Rabiyya' the daughter of Mu'awadh as saying: 'We used to participate in the battles with the Prophet of Allah. We gave water to the fighters, served them, and returned the dead and wounded to Medina.'
Also Muslim, Ibn Majah and Ahmed (in their narrations) said that Umm Ateyya, the Ansari , said: 'I accompanied the Messenger of Allah (SAAS) seven times, guarding the camp, making the food, treating the wounded and caring for the sick'.
In his Sahih, Muslim reported Umm Sulaim, the wife of Abi Talha, as saying that she carried a dagger on the day of the battle, of Hunain. When the Prophet (SAAS) asked her about it she said, 'I carry it so that I can defend myself against the enemies.' The Messenger (SAAS) did not forbid this. Nusaibah, the daughter of Ka'b, fought in the wars of riddah (apostasy) at the time of the caliphate of Abu Bakr and she suffered many wounds caused by stabs and strikes.
A marriage is not valid in the Shari'ah of Allah without the approval, acceptance and consent of the woman and it is forbidden by the Shari'a that she be forced to marry someone that she does not accept.
The woman has full financial status that is no less than that of the man. She has the right, in the same way that a man does, to possess all types of wealth whether it be in the form of assets, real estate or cash. She has the right to use her wealth in any manner she wishes to as long as it is approved by the Shari'a. So she can buy, sell, trade, barter, provide grants and loans, incur loans, exchange assets etc. All these actions do not require the consent of any male whether this be her father, husband, or brother. In his sahih, Al-Bukhari titles one chapter: "A woman is permitted to free slaves and give gifts to someone other than her husband, unless she is mentally deranged." In this he reported that Umm al-Muminin, the wife of the Messenger of Allah (SAAS), Maimunah bint Al-Harith freed a girl born as her slave without asking for the Prophet's (SAAS) permission. When she mentioned this to him he said: 'If you had given her to your maternal uncle as a gift, your reward (with Allah) would have been greater.'
In one saying, the Messenger (SAAS) said that women are less (than men) in mind, deen and fortune, however he has explained this saying in a manner that is consistent with the texts cited concerning the rights, dignity and honour of women.
The lesser degree in deen does not mean a lesser degree of Iman (Belief) or that she is less human, in that she cannot rise to the highest ranks. This only means that Allah Himself has exempted her from certain forms of ritual worship at certain times, such as prayers and fasting during her ha'id (menstruation periods) and during her nifaas (bleeding time after delivery). The lesser fortune only means that in some cases of inheritance a woman's share is less than that of a man's. The Messenger (SAAS) did not generalise this to other rights or to anything indicating a lesser status. The lesser mind is concerning the status of a woman's testimony in certain matters like debts and sale contracts, and in hudood (punishments). It does not imply anything other than this and is not generalised to degrade women into being inferior to men.
Indeed, in this regard, it should be pointed out that there are certain matters which only accept the testimony of a woman and not that of a man. Furthermore, women are unanimously accepted as narrators of ahadith (the sayings of the Prophet Mohamed), and this means that their testimony in narrating ahadith is treated like that of a man. In addition to this a woman is responsible towards her duties to her faith and she has full independence in her right to possess, and in her right to make contracts. If she was supposed to have a lesser mind, the contracts and other dealings would have required the assistance of a male.
The Quran addresses everyone, men and women, equally: {The Muslim men and Muslim women, the believing men and believing women, the worshipping men and worshipping women, the truthful men and truthful women, the pious men and pious women, the alms-giving men and the alms-giving women, the fasting men and fasting women, the men who are chaste and the women who are chaste, the men who remember Allah much and the women who do likewise, Allah has prepared a forgiveness and a great reward for all.} (Surat Al-Ahzab (33), ayah 35). Allah also says: {It is not for a believing man or woman, when Allah and His messenger have decreed a matter, that they should have any option in their decision.} (Surat Al-Ahzab (33), ayah 36) and {Say to the believers to lower off their gaze and be chaste for this is more pure for them and God knows what they do. Say to the believing women to lower off their gaze and be chaste.} (Surat Al-Nour (24), ayah 30).
As for the Qawwaamah (directing role) that men have over women as mentioned in Allah's saying {men are the protectors and maintainers of women} (Surat Al-Nisa' (4), ayah 34), this should not be understood as an absolute and general attitude in all things and for all men over all women. The above verse goes on to an explanation of the matter. {For what Allah has favoured some of them over others and for the money they spend.} This determines that a directing role is confined to the family alone and to matters only concerning the husband and wife relationship. As was said earlier the husband has no such directing role over the financial assets of his wife. All her decisions concerning her own property are valid and the husband can not nullify any of them. None of these decisions require the husband's permission.
This Qawwaamah is merely a matter of leadership and directing in exchange for duties that should be performed. For it is the husband who pays the dowry in marriage, it is he who provides the house, its furniture, and all its needs and it is he who provides for the wife and children. He cannot force his wife to pay for any of these expenses even if she is wealthy. In most cases, the husband is older and it is the husband who is usually the breadwinner of the family and mixes more, with a wider range of people. Every type of group including the family must have a leader to guide it within the limits of what Allah has ordained for there can be no obedience for a human being in a matter involving disobedience to the Creator. It is the husband who is qualified for that leadership.
This role is not one of repression, hegemony, or tyranny but one of kindness, love and gentleness. It directs to the right path in wisdom and benevolence. It is fundamentally based on consultations, as the Quran speaks of the Muslims as {having their affairs in consultation among them.} (Surat Al-Shura (42), ayah 38); this being a general injunction. There is also a specific order in Quran for consultations in the affairs of marriage: {Should they (husband and wife) wish to separate from each other in agreement and upon consultation then they can do so blame lessly.} (Surat Al-Baqara (2),ayah 232). Similarly, in divorce: {And it is not lawful for you (men) to take back (from your wives) any of your gifts which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives something for her freedom} (Surat Al-Baqara (2), ayah 229). Add to this Allah's saying: {Live with them (wives) in honourably (kindness). If you hate them, it may be that you hate a thing and Allah brings through it a great deal of Good.} (Surat Al-Nisa' (4), ayah 19). Other texts in the Shari'a indicate in a clear manner that marital life is based on comfort, gentleness and love and they categorically set out the meaning of Qawwaamah and its limits. Qawwaamah does not mean that women are lower or that they have less rights, Qawwaamah means, as Allah has indicated, that men are responsible for what they spend.
The general rule, therefore, is equality between men and women. The exceptions are from Allah, the All-Knowing and All-Aware because it is He who knows His creation best and the exceptions are in those specific characteristics that distinguish the female from the male. These differences are due to the separate functions that have been accorded to the male and the female. It is because of these complimentary and necessary distinctions that a man becomes attracted to a woman and a woman becomes attracted to a man and a marriage can be a happy, constructive and a healthy one.
The woman's nature as the mother means that there are certain virtues which Allah has made specific to her such as the protection of her honour and the honour of her offspring. For example, religious texts ordained that the woman's body, except for the face and the hands, should be covered in front of all except those who are a mahram (those she is forbidden to marry). And that a woman should not sit in private with a man who is not mahram.
Furthermore, the female has a greater sense of modesty and sensitivity. Hence, though she should demand her rights and practise them accordingly, this practice should be such that her modesty, dignity, virtue and sanctity be preserved.
We must not forget that the woman has a noble and significant task entrusted to her by Allah Almighty, child-bearing and motherhood. A man cannot undertake this most noble of tasks, which is being denigrated today by some; furthermore the human race itself would disappear in the absence of this process. Moreover, it is the mother that suckles the baby with her milk, giving out of care, nurturing the child, the effects of which remain with him throughout his life. The woman is also the lord of the house and it is her task to care for the family and prepare the home as a place of comfort; her role is a huge responsibility and noble mission that must not be in any way neglected or underestimated.
These characteristics, duties and rights which have been allocated to women by Allah are in balance with the duties she has towards her husband and her children. These duties must be given precedence over other responsibilities and they are necessary for the stability of the family which is the basic cell of the society and the cause for its cohesion, strength, and efficiency. However, the husband has a right to permit his wife to work. This right is to be regulated by an agreement between the husband and the wife. Such rights should not be regulated by law and the authorities should not interfere with them except in some rare cases.
THE WOMAN'S RIGHT TO VOTE, BE ELECTED AND OCCUPY PUBLIC AND GOVERNMENTAL POSTS.
We hope that we have been able to shed some light on the status of the Muslim woman in an Islamic society concerning her rights and duties. We now deal with the issue of the woman's right to vote and be elected as a member to representative councils, or to assume public office or carry out professional work.
Firstly, women and the right of electing members of representative councils and similar bodies
We are of the view that there is nothing in Shari'a to prevent women from taking part in these matters. Allah says: {the men believers and the women believers are responsible for each other . They enjoin the good and forbid the evil } (Surat al-Tawbah' (9), ayah 71) and His saying {Let there arise out of you a group of people inviting to all that is good and forbidding all Evil. And it is they who are the successful.} (Surat Al-Imran (3), ayah 104). This verse includes a command that gives women the right to enjoin the good and forbid the evil and part of this is the right to vote for the representative council in the elections. Some Muslim countries stipulate that it is the absolute right of women to vote in the elections because these countries wish to demonstrate their "democratic basis"; the Muslim women should not avoid this opportunity because their reluctance to vote can often weaken the position of the Islamic candidates.
Secondly, women's membership in representative councils and similar bodies
We are of the view that there is nothing in the Shari'a texts to prevent this either. The views we cited earlier concerning their right to vote applies to their right to be elected as well.
There are some views which are held by others which support the contrary, they say that: 1- Women lack the knowledge of practising public affairs. Hence, they can be easily misled. This argument is refuted by the fact that an ignorant woman is like an ignorant man. Not all women are ignorant and not all men are educated or experienced in public affairs. We are dealing with the basic right, not with the conditions that must be present in every candidate whether they be male or female. This is quite another issue. We call for the education and the enlightenment of both women and men, and the exertion of all possible efforts in this connection, this being an important objective and duty made binding by the Shari'a.
2- It is argued that women undergo menstruation, child-bearing and labour -a fact which may hamper their performance in the council to which they are elected. But this can be refuted by saying that men also may be subject to misjudgement or illness which may impair their performance. Add to this, that membership in representative councils has certain conditions including a certain age range for the deputy of between thirty and forty years. In most cases, when a woman is around the age of forty, she will have completed her burdens of child-bearing, and would have attained to a phase of mental and psychological maturity, as well as emotional stability. It is unlikely that a person in the minimum age limit can gain a seat in the representative office because this requires long experience for many years in the exercise of public office. Statistics show that only a few members of representative bodies are in or near the minimum mandatory age. The majority are much older.
We are speaking about the right of standing for membership, we are not dealing with the qualifications necessary for conditions of membership for men and women. It is up to the voters to choose if they see that the female candidate is not in a condition or a state which enables her to perform her duties. It is supposed that they will not support her and that the body patronising her will be reluctant to go on doing so or to field her as candidate.
3- Immodesty and intermingling of the sexes are also cited as counter-arguments. We do not call for immodesty and free mixing of the sexes. For the woman is bound by the Shari'a to abide by the Islamic dress code whether she goes out to take part in elections or to attend the sessions of the council in which she is a member or for any other purpose. It is a duty to set aside election centres for women, which are already in effect in most Islamic countries. Women should be allocated special places in the representative councils so that there will be no fear of crowding or intermingling.
4- Travelling abroad by a female member, without company of a mahram, is similarly cited in opposition but it can be countered by realising that it is not necessary for her to travel without the company of a mahram. She need not be in a situation without secure company nor in any situation which is not within the boundaries of the Shari'ah.
Thirdly, Women's holding of Public Office
The only public office which it is agreed upon that a woman cannot occupy is the presidency or head of state. As for judiciary office, the jurisprudents have differed over women's holding of it. Some, like Al-Tabari and Ibn-Hazm, said this is permissible without any restrictions. The majority of jurispudents, however, have forbidden it completely. But there have been those who allowed it for certain types of legal matters and forbade it in others (like the Imam Abu Hanifa). As long as the matter is the subject of interpretation and consideration, it is possible to choose from these opinions in accordance with the fundamentals of the Shari'a and to achieve the interests of Muslims at large as governed by the Shari'a controls and also in accordance to the conditions and circumstances of society. As for other types of public office the woman can accept them as there is nothing in the Shari'a to prevent her from doing so. Also, there is nothing to prevent her from working in what is permissible since the public office is a type of work that the Shari'a allowed women to undertake. Women can work in professions becoming doctors, teachers, nurses, or such fields which she or the society may need.
A GENERAL REMARK
We, The Muslim Brotherhood, wish to draw attention to the need of distinguishing between a person's having a right and the way, the conditions, and the appropriate circumstances for the use of that right. Thus, if today's societies have different social circumstances and traditions it is acceptable that the exercise of these rights should be gradually introduced in order for the society to adjust to these circumstances. More importantly, such an exercise should not lead to the violation of ethical rules laid down by the Shari'a and made binding by it.
We completely reject the way that western society has almost completely stripped women of their morality and chastity. These ideals are built upon a philosophy which is in contradiction to the Shari'ah and its morals and values. It is important in our Islamic Society, that the Islamic principles, morals and values are upheld with the fullest conviction, honour and austerity, in obedience to Allah, exalted be He.
And all praise is due to Allah, in the beginning and the end. May the blessings of Allah be upon His Messenger and his companions and his family.
Economic Independence of Women in Islam
Economic Independence of Women in Islam
Excerpted from a book by by Chaudry Zuffrullah Khan
Of the great faiths, Islam has been foremost in assigning to woman a position of economic independence. It is well known that in the United Kingdom till as late as 1882, when the first Married Women's Property Act was passed by Parliament, a married woman could hold no property of her own, independently of her husband. Any property that a femme sole (unmarried woman) held in her own right vested automatically in her husband on her marriage. A hundred years later traces still linger in certain aspects of British Law which illustrate a married woman's position of dependence upon her husband.
The Mahr (Dowry)
In Islam the independent economic position of woman has been established since the very beginning. Mention has been made of the obligation of the husband to make a settlement on the wife, in proportion to his means, at the time of marriage. This settlement is called dower (mehr). If at the time of the death of the husband the wife's dower should be still unpaid, it ranks as a debt to be discharged out of his estate, in priority to all his other debts. In addition, the widow is entitled to her share in the husband's estate, which is determined by law.
Any property that a woman might acquire by her own effort, or might inherit as an heir or receive as a legacy or gift, belongs to her independently of her husband. She may ask her husband to manage it, but if she chooses to manage or administer it herself, he cannot interfere in her management or administration of it.
Married Woman Is Not Responsible for Financial Upkeep of Home
A married woman who possesses means of her own may, and in most cases does, contribute a portion or the whole of her independent means towards the upkeep of the household, but is under no obligation to do so. The upkeep of the household is the entire responsibility of the husband, even when the wife is in her own right better off than her husband.
This is well illustrated by the following incident. The Holy Prophet, peace be on him, on one occasion admonished women to spend in charity out of their own means also. Thereafter two women, both bearing the name of Zainab, one of them the wife of the well known companion Abdullah bin Masood, came to him and told him that their respective husbands were men of straitened means, but that they in their own rights were comparatively better off. Would it be an act of spiritual merit if they were to assist their husbands out of their own means?
The Holy Prophet assured them their spending on their husbands would be doubly meritorious, as it would rank both as charity and as graciousness towards kindred. The Holy Quran admonishes:
Covet not that whereby Allah has made some of you excel others. Men shall have a portion of that which they earn and women shall have a portion of that which they earn. Ask Allah alone of His bounty. Surely, Allah has perfect knowledge of all things. (4:33)
For everyone leaving an inheritance We have appointed heirs, parents and near relations, and also husbands and wives to whom you are bound by solemn covenants. So give all of them their appointed shares. Surely, Allah watches over all things. (4:34)
Inheritance
The Islamic system of succession and inheritance, set out in 4:12-13 and 177, aims at a wide distribution of property. If a person should die leaving his or her surviving parents, wife or husband, sons and daughters, they all share in the inheritance; the general rule being that the share of a male is double that of a female in the same degree of relationship. In this there is no discrimination against female heirs in view of the obligation of the male to provide for his family, while the female has no such obligation. In practice the rule works out favorably for female heirs.
A Muslim may not dispose of more than one-third of his assets by testamentary directions. Legacies, whether for charity or in favor of non-heirs, must not exceed one-third of net assets; nor may the share of an heir be augmented or diminished by testamentary direction. There is no room for discrimination between the heirs under the Islamic system of inheritance, like, for instance, primogeniture, or exclusion of females.
Legal Testimony
A direction designed to secure the preservation of testimony relating to civil transactions, which requires that they must be reduced to writing, is sometime mistakenly seized upon as evidence of discrimination against females. The direction is as follows:
Procure two witnesses from among your men; and if two men be not available, then one man and two women, of such as you like as witnesses, so that if either of the two women should be in danger of forgetting, the other may refresh her memory. (2:283)
There is here not the slightest trace of discrimination. The normal rule is that women should be safeguarded against the contingency of having to appear as witnesses in judicial proceedings. Therefore, normally a woman should not be called upon to attest a document recording a transaction. This rule may be relaxed in an emergency. But then another difficulty would arise. In the case of male witnesses their memory of a transaction that they attest as witnesses would be refreshed when they met socially and the transaction was recalled for one reason or another. In the case of a document recording a transaction, which is attested by one male and one female witness, the female witness, under the Islamic social system, as will presently be appreciated, would not normally have frequent occasion to meet the male witness and talk to him, so that there would be little chance of her memory of the transaction being refreshed. To overcome this lack of opportunity of refreshing the memory, it is wisely provided that where only one male witness is available two female witnesses may be called upon so that, in the very words of the text, one may refresh the memory of the other.
This provision is concerned only with the preservation of evidence, and does not deal with the weight to be attached to the testimony of a male or female witness. An illustration may help to clear up any doubt on the matter. Assume that a transaction recorded in a document attested by one male and two female witnesses becomes the subject of a dispute which comes up for judicial determination. It is then discovered that one of the two female witnesses has in the meantime died. The male witness and the surviving female witness are examined in court and the judge finds that their respective accounts of the terms of the transaction are not entirely in harmony; but he feels very strongly that taking every relevant factor into consideration the testimony of the female witness is more reliable than that of the male witness. In such a case it would be his plain duty to rely on the testimony of the female witness in preference to that of the male witness. There could be no question of discrimination in favor of or against a woman.
Excerpted from a book by by Chaudry Zuffrullah Khan
Of the great faiths, Islam has been foremost in assigning to woman a position of economic independence. It is well known that in the United Kingdom till as late as 1882, when the first Married Women's Property Act was passed by Parliament, a married woman could hold no property of her own, independently of her husband. Any property that a femme sole (unmarried woman) held in her own right vested automatically in her husband on her marriage. A hundred years later traces still linger in certain aspects of British Law which illustrate a married woman's position of dependence upon her husband.
The Mahr (Dowry)
In Islam the independent economic position of woman has been established since the very beginning. Mention has been made of the obligation of the husband to make a settlement on the wife, in proportion to his means, at the time of marriage. This settlement is called dower (mehr). If at the time of the death of the husband the wife's dower should be still unpaid, it ranks as a debt to be discharged out of his estate, in priority to all his other debts. In addition, the widow is entitled to her share in the husband's estate, which is determined by law.
Any property that a woman might acquire by her own effort, or might inherit as an heir or receive as a legacy or gift, belongs to her independently of her husband. She may ask her husband to manage it, but if she chooses to manage or administer it herself, he cannot interfere in her management or administration of it.
Married Woman Is Not Responsible for Financial Upkeep of Home
A married woman who possesses means of her own may, and in most cases does, contribute a portion or the whole of her independent means towards the upkeep of the household, but is under no obligation to do so. The upkeep of the household is the entire responsibility of the husband, even when the wife is in her own right better off than her husband.
This is well illustrated by the following incident. The Holy Prophet, peace be on him, on one occasion admonished women to spend in charity out of their own means also. Thereafter two women, both bearing the name of Zainab, one of them the wife of the well known companion Abdullah bin Masood, came to him and told him that their respective husbands were men of straitened means, but that they in their own rights were comparatively better off. Would it be an act of spiritual merit if they were to assist their husbands out of their own means?
The Holy Prophet assured them their spending on their husbands would be doubly meritorious, as it would rank both as charity and as graciousness towards kindred. The Holy Quran admonishes:
Covet not that whereby Allah has made some of you excel others. Men shall have a portion of that which they earn and women shall have a portion of that which they earn. Ask Allah alone of His bounty. Surely, Allah has perfect knowledge of all things. (4:33)
For everyone leaving an inheritance We have appointed heirs, parents and near relations, and also husbands and wives to whom you are bound by solemn covenants. So give all of them their appointed shares. Surely, Allah watches over all things. (4:34)
Inheritance
The Islamic system of succession and inheritance, set out in 4:12-13 and 177, aims at a wide distribution of property. If a person should die leaving his or her surviving parents, wife or husband, sons and daughters, they all share in the inheritance; the general rule being that the share of a male is double that of a female in the same degree of relationship. In this there is no discrimination against female heirs in view of the obligation of the male to provide for his family, while the female has no such obligation. In practice the rule works out favorably for female heirs.
A Muslim may not dispose of more than one-third of his assets by testamentary directions. Legacies, whether for charity or in favor of non-heirs, must not exceed one-third of net assets; nor may the share of an heir be augmented or diminished by testamentary direction. There is no room for discrimination between the heirs under the Islamic system of inheritance, like, for instance, primogeniture, or exclusion of females.
Legal Testimony
A direction designed to secure the preservation of testimony relating to civil transactions, which requires that they must be reduced to writing, is sometime mistakenly seized upon as evidence of discrimination against females. The direction is as follows:
Procure two witnesses from among your men; and if two men be not available, then one man and two women, of such as you like as witnesses, so that if either of the two women should be in danger of forgetting, the other may refresh her memory. (2:283)
There is here not the slightest trace of discrimination. The normal rule is that women should be safeguarded against the contingency of having to appear as witnesses in judicial proceedings. Therefore, normally a woman should not be called upon to attest a document recording a transaction. This rule may be relaxed in an emergency. But then another difficulty would arise. In the case of male witnesses their memory of a transaction that they attest as witnesses would be refreshed when they met socially and the transaction was recalled for one reason or another. In the case of a document recording a transaction, which is attested by one male and one female witness, the female witness, under the Islamic social system, as will presently be appreciated, would not normally have frequent occasion to meet the male witness and talk to him, so that there would be little chance of her memory of the transaction being refreshed. To overcome this lack of opportunity of refreshing the memory, it is wisely provided that where only one male witness is available two female witnesses may be called upon so that, in the very words of the text, one may refresh the memory of the other.
This provision is concerned only with the preservation of evidence, and does not deal with the weight to be attached to the testimony of a male or female witness. An illustration may help to clear up any doubt on the matter. Assume that a transaction recorded in a document attested by one male and two female witnesses becomes the subject of a dispute which comes up for judicial determination. It is then discovered that one of the two female witnesses has in the meantime died. The male witness and the surviving female witness are examined in court and the judge finds that their respective accounts of the terms of the transaction are not entirely in harmony; but he feels very strongly that taking every relevant factor into consideration the testimony of the female witness is more reliable than that of the male witness. In such a case it would be his plain duty to rely on the testimony of the female witness in preference to that of the male witness. There could be no question of discrimination in favor of or against a woman.
The Voice of a Woman in Islam
The Voice of a Woman in Islam
By Dr. Yusuf Al-Qaradawi
Many Muslims have adopted the Judeo-Christian ethic which views women as the source of human tragedy because of her alleged biblical role as the temptress who seduced Adam into disobedience to his Lord. By tempting her husband to eat the forbidden fruit, she not only defied Allah, but caused humankind's expulsion from Paradise, thus instigating all temporal human suffering. Those misogynists who support this Biblical myth, dredge from the archives of psuedo-Islamic literature such as false and weak hadiths.
This Old Testament myth is a widely circulated belief in the Islamic community despite the fact that Allah in the Qur'an stresses that it was Adam who was solely responsible for his mistake. In 20:115 it is stated: "We had already, beforehand, taken the convenant of Adam, but he forgot; and we found on his part no firm resolve." Verse 20:121-122 continues: "In result, they both ate of the tree...thus did Adam disobey His Lord, and fell into error. But his Lord chose for him (From His Grace): He turned to him, and gave him guidance." Therefore, there is nothing in Islamic doctrine or in the Qur'an which holds women responsible for Adam's expulsion from paradise or the consequent misery of humankind. However, misogyny abounds in the pronouncements of many Islamic "scholars" and "imams."
The result of such misinterpretation of hadiths and spreading negativity is that entire societies have mistreated their female members despite the fact that Islam has honored and empowered the woman in all spheres of life. The woman in Islamic law is equal to her male counterpart. She is as liable for her actions as a male is liable. Her testimony is demanded and valid in court. Her opinions are sought and acted upon. Contrary to the pseudo hadith: "Consult women and do the opposite," the Prophet (SAW) consulted his wife, Um Salama on one of the most important issues to the Muslim community. Such references to the Prophet's positive attitudes toward women disprove the one hadith falsely attributed to Ali bin Abi Talib: "The woman is all evil, and the greatest evil about her is that man cannot do without her."
The promotion of such negativity against women has led many "scholars" and "imams" to make the unsubstantiated ruling about female speech. They claim that women should lower their voice to whispers or even silence except when she speaks to her husband, her guardian or other females. The female act of communication has become to some a source of temptation and allurement to the male.
The Qur'an, however, specifically mentions that those seeking information from the Prophet's wives were to address them from behind a screen (33:53). Since questions require an answer, the Mothers of the Believers offered fatwas to those who asked and narrated hadiths to whomever wished to transmit them. Furthermore, women were accustomed to question the Prophet (SAW) while men were present. Neither were they embarassed to have their voices heard nor did the Prophet prevent their inquires. Even in the case of Omar when he was challenged by a woman during his khutba on the minbar, he did not deny her. Rather, he admitted that she was right and he was wrong and said: "Everybody is more knowledgeable than Omar."
Another Qur'anic example of a woman speaking publicly is that the daughter of the Shaykh mentioned in the Qur'an in 28:23. Furthermore, the Qur'an narrates the coversation between Sulayman and the Queen of Sheba as well as between her and her subjects. All of these examples support the fatwa that women are allowed to voice their opinion publicly for whatever has been prescribed to those before us is prescribed to us, unless it was unanimously rejected by Islamic doctrine.
Thus, the only prohibition is the female talking softly and flirting in a manner meant to excite and tempt the male. This is expressed in the Qur'an as complacent speech which Allah mentions in 33:32: "O consorts of the Prophet! Ye are not like any of the other women: If ye do fear Allah, be not too complaisance of speech, lest one in whose heart is a disease should be moved with desire: but speak ye a speech that is just."
What is prohibited then is alluring speech which entices those whose diseased hearts may be moved with desire and that is not to say that all conversation with women is prohibited for Allah completes the verse: "...but speak ye a speech that is just." (33:32)
Finding excuses to silence women is just one of the injustices certain scholars and imams attempt to inflict upon women. They point to such hadiths as narrated by Bukhari about the Prophet which says: "I have not left a greater harm to men than women." They assume that the harm implies that women are an evil curse to be endured just as one must endure poverty, famine, disease, death and fear. These "scholars" ignore the fact that man is tried more by his blessings than by his tragedies.
And Allah says: "And We test you by evil and by good way of trial." (21:35). To support this argument Allah says in the Qur'an that two of the most appreciated blessings of life, wealth and children, are trials. Allah says: "And know ye that your posessions and your progeny are but a trial." (Anfal 28) A woman, despite the blessings she bestows on her relations, can also be a trial for she may distract a man from his duty toward Allah. Thus, Allah creates awareness how blessings can be misguided so that they become curses. Men can use their spouses as an excuse for not performing jihad or for eschewing sacrafice for the compiling of wealth. Allah in the Qur'an warns: "Truly among your wives and children are enemies for you." (64:14)
The warning is the same as for the blessings of abundant welath and offspring (63:9). In addition, the sahih hadith says: "By Allah I don't fear for you poverty, but I fear that the world would be abundant for you as it has been for those before you so you compete for it as they have competed for it, so it destroys you as it has destroyed them." (Agreed upon) This hadith does not mean that the Prophet (SAW) encouraged poverty.
Poverty is a curse from which the Prophet sought refuge from Allah. He did not mean for his Ummah to be bereft of wealth and abundance for he said: "The best of the good wealth is for the pious person." (narrated by ahmed and Al-Hakam) Women are also a gift for the pious person for the Qur'an mentions the Muslim men and women (the Muslimat), the believing men (Mumins) and women Muminat as aids and comforts for each other here and in the hereafter. The Prophet did not condemn the blessings Allah provided for his Ummah. Rather the Prophet wished to guide the Muslims and his Ummah away from the slippery slope whose bottomless pit is a mire of callousness and desire.
By Dr. Yusuf Al-Qaradawi
Many Muslims have adopted the Judeo-Christian ethic which views women as the source of human tragedy because of her alleged biblical role as the temptress who seduced Adam into disobedience to his Lord. By tempting her husband to eat the forbidden fruit, she not only defied Allah, but caused humankind's expulsion from Paradise, thus instigating all temporal human suffering. Those misogynists who support this Biblical myth, dredge from the archives of psuedo-Islamic literature such as false and weak hadiths.
This Old Testament myth is a widely circulated belief in the Islamic community despite the fact that Allah in the Qur'an stresses that it was Adam who was solely responsible for his mistake. In 20:115 it is stated: "We had already, beforehand, taken the convenant of Adam, but he forgot; and we found on his part no firm resolve." Verse 20:121-122 continues: "In result, they both ate of the tree...thus did Adam disobey His Lord, and fell into error. But his Lord chose for him (From His Grace): He turned to him, and gave him guidance." Therefore, there is nothing in Islamic doctrine or in the Qur'an which holds women responsible for Adam's expulsion from paradise or the consequent misery of humankind. However, misogyny abounds in the pronouncements of many Islamic "scholars" and "imams."
The result of such misinterpretation of hadiths and spreading negativity is that entire societies have mistreated their female members despite the fact that Islam has honored and empowered the woman in all spheres of life. The woman in Islamic law is equal to her male counterpart. She is as liable for her actions as a male is liable. Her testimony is demanded and valid in court. Her opinions are sought and acted upon. Contrary to the pseudo hadith: "Consult women and do the opposite," the Prophet (SAW) consulted his wife, Um Salama on one of the most important issues to the Muslim community. Such references to the Prophet's positive attitudes toward women disprove the one hadith falsely attributed to Ali bin Abi Talib: "The woman is all evil, and the greatest evil about her is that man cannot do without her."
The promotion of such negativity against women has led many "scholars" and "imams" to make the unsubstantiated ruling about female speech. They claim that women should lower their voice to whispers or even silence except when she speaks to her husband, her guardian or other females. The female act of communication has become to some a source of temptation and allurement to the male.
The Qur'an, however, specifically mentions that those seeking information from the Prophet's wives were to address them from behind a screen (33:53). Since questions require an answer, the Mothers of the Believers offered fatwas to those who asked and narrated hadiths to whomever wished to transmit them. Furthermore, women were accustomed to question the Prophet (SAW) while men were present. Neither were they embarassed to have their voices heard nor did the Prophet prevent their inquires. Even in the case of Omar when he was challenged by a woman during his khutba on the minbar, he did not deny her. Rather, he admitted that she was right and he was wrong and said: "Everybody is more knowledgeable than Omar."
Another Qur'anic example of a woman speaking publicly is that the daughter of the Shaykh mentioned in the Qur'an in 28:23. Furthermore, the Qur'an narrates the coversation between Sulayman and the Queen of Sheba as well as between her and her subjects. All of these examples support the fatwa that women are allowed to voice their opinion publicly for whatever has been prescribed to those before us is prescribed to us, unless it was unanimously rejected by Islamic doctrine.
Thus, the only prohibition is the female talking softly and flirting in a manner meant to excite and tempt the male. This is expressed in the Qur'an as complacent speech which Allah mentions in 33:32: "O consorts of the Prophet! Ye are not like any of the other women: If ye do fear Allah, be not too complaisance of speech, lest one in whose heart is a disease should be moved with desire: but speak ye a speech that is just."
What is prohibited then is alluring speech which entices those whose diseased hearts may be moved with desire and that is not to say that all conversation with women is prohibited for Allah completes the verse: "...but speak ye a speech that is just." (33:32)
Finding excuses to silence women is just one of the injustices certain scholars and imams attempt to inflict upon women. They point to such hadiths as narrated by Bukhari about the Prophet which says: "I have not left a greater harm to men than women." They assume that the harm implies that women are an evil curse to be endured just as one must endure poverty, famine, disease, death and fear. These "scholars" ignore the fact that man is tried more by his blessings than by his tragedies.
And Allah says: "And We test you by evil and by good way of trial." (21:35). To support this argument Allah says in the Qur'an that two of the most appreciated blessings of life, wealth and children, are trials. Allah says: "And know ye that your posessions and your progeny are but a trial." (Anfal 28) A woman, despite the blessings she bestows on her relations, can also be a trial for she may distract a man from his duty toward Allah. Thus, Allah creates awareness how blessings can be misguided so that they become curses. Men can use their spouses as an excuse for not performing jihad or for eschewing sacrafice for the compiling of wealth. Allah in the Qur'an warns: "Truly among your wives and children are enemies for you." (64:14)
The warning is the same as for the blessings of abundant welath and offspring (63:9). In addition, the sahih hadith says: "By Allah I don't fear for you poverty, but I fear that the world would be abundant for you as it has been for those before you so you compete for it as they have competed for it, so it destroys you as it has destroyed them." (Agreed upon) This hadith does not mean that the Prophet (SAW) encouraged poverty.
Poverty is a curse from which the Prophet sought refuge from Allah. He did not mean for his Ummah to be bereft of wealth and abundance for he said: "The best of the good wealth is for the pious person." (narrated by ahmed and Al-Hakam) Women are also a gift for the pious person for the Qur'an mentions the Muslim men and women (the Muslimat), the believing men (Mumins) and women Muminat as aids and comforts for each other here and in the hereafter. The Prophet did not condemn the blessings Allah provided for his Ummah. Rather the Prophet wished to guide the Muslims and his Ummah away from the slippery slope whose bottomless pit is a mire of callousness and desire.
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