Gender Equity in Islam
I. Introduction & Methodology
(a)
The context of any text in the Qur’an and the Sunnah. This includes the
general context of Islam, its teachings, its world view, and the
context of the surah and section thereof.
(b) The occasion of the revelation, which may shed light on its meanings.
(c) The role of the Sunnah in explaining and defining the meaning of the Qur’anic text.
This
paper is a brief review of the position and role of woman in society
from an Islamic perspective. The topic is divided into spiritual,
economic, social, and political aspects.
II. The Spiritual Aspect
1. According to the Qur’an, men and women have the same spiritual human nature:
O
mankind: Reverence your Guardian Lord Who created you from a single
person created of like nature his mate and from them twain scattered
(like seeds) countless men and women; reverence Allah through Whom you
demand your mutual (rights) and (reverence) the wombs (that bore you):
for Allah ever watches over you. (Qur’an 4:1)
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). When they are
united she bears a light burden and carries it about (unnoticed). When
she grows heavy they both pray to Allah their Lord (saying): “If You
give us a goodly child we vow we shall (ever) be grateful.” (Qur’an 7:189)
(He
is) the Creator of the heavens and the earth: He has made for you pairs
from among yourselves and pairs among cattle: by this means does He
multiply you: there is nothing whatever like unto Him and He is the One
that hears and sees (all things.) (Qur’an 42:11)
2.
Both genders are recipients of the “divine breath” since they are
created with the same human and spiritual nature (nafsin-waahidah):
But
He fashioned him in due proportion and breathed into him something of
His spirit. And He gave you (the faculties of) hearing and sight and
feeling (and understanding): little thanks do you give. (Qur’an 15:29)
3. Both genders are dignified and are trustees of Allah on earth.
We
have honored the children of Adam, provided them with transport on land
and sea; given them for sustenance things good and pure; and conferred
on them special favors above a great part of Our Creation. (Qur’an 17:70)
Behold
your Lord said to the angels: “I will create a vicegerent on earth.”
They said “Will you place therein one who will make mischief therein and
shed blood? Whilst we do celebrate Your praises and glorify Your holy
(name)?” He said: “I know what you do not.” (Qur’an 2:30)
4.
According to the Qur’an, woman is not blamed for the “fall of man.”
Pregnancy and childbirth are not seen as punishments for “eating from
the forbidden tree.” On the contrary, the Qur’an considers them to be
grounds for love and respect due to mothers.
In narrating the story of Adam and Eve, the Qur’an frequently refers to both of them, never singling out Eve for the blame:
O
Adam! Dwell you and your wife in the garden and enjoy (its good things)
as you [both] wish: but approach not this tree or you [both] run into
harm and transgression. Then began Satan to whisper suggestions to them
bringing openly before their minds all their shame that was hidden from
them (before): he said “Your Lord only forbade you this tree lest you
[both] should become angels or such beings as live for ever.” And he
swore to them both that he was their sincere adviser. So by deceit he
brought about their fall: when they tasted of the tree their shame
became manifest to them and they began to sew together the leaves of the
garden over their bodies. And their Lord called unto them: “Did I not
forbid you that tree and tell you that Satan was an avowed enemy unto
you?”
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.” (Allah)
said: “Get you [both] down with enmity between yourselves. On earth will
be your dwelling place and your means of livelihood for a time.” He
said: “Therein shall you [both] live and therein shall you [both] die;
and from it shall you [both] be taken out (at last).” O you children of
Adam! We have bestowed raiment upon you to cover your shame as well as
to be an adornment to you but the raiment of righteousness that is the
best. Such are among the signs of Allah that they may receive
admonition! O you children of Adam! Let not Satan seduce you in the same
manner as he got your parents out of the garden stripping them of their
raiment to expose their shame: for he and his tribe watch you from a
position where you cannot see them: We made the evil ones friends (only)
to those without faith. (Qur’an 7:19 27)
On the question of pregnancy and childbirth, the Qur’an states:
And
We have enjoined on the person (to be good) to his/her parents: in
travail upon travail did his/her mother bear his/her and in years twain
was his/her weaning: (hear the command) “Show gratitude to Me and to
your parents: to Me is (your final) Goal. (Qur’an 31:14)
We have enjoined on the person kindness to his/her parents: in pain did his/her mother bear him/her and in paid did she give him/her birth. The carrying of the (child) to his/her weaning is ( a period of) thirty months. At length when he/she reaches the age of full strength and attains forty years he/she says “O my Lord! Grant me that I may be grateful for Your favor which You have bestowed upon me and upon both my parents and that I may work righteousness such as You may approve; and be gracious to me in my issue.Truly have I turned to You and truly do I bow (to You) in Islam [submission].” (Qur’an 46:15)
5. Men and women have the same religious and moral duties and responsibilities. They both face the consequences of their deeds:
And their Lord has accepted of them and answered them: “Never will I suffer to be los the work of any of you be it male or female: you are members of one another …” (Qur’an 3:195)
If
any do deeds of righteousness be they male or female and have faith
they will enter paradise and not the least injustice will be done to
them. (Qur’an 4:124)
For Muslim men and women and for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who fast (and deny themselves), for men and women who guard their chastity, and for men and women who engage much in Allah’s praise, for them has Allah prepared forgiveness and great reward. (Qur’an 33:35)
One
Day shall you see the believing men and the believing women how their
Light runs forward before them and by their right hands: (their greeting
will be): “Good news for you this Day! Gardens beneath which flow
rivers! To dwell therein for ever! This is indeed the highest
Achievement!” (Qur’an 57:12)
6.
Nowhere does the Qur’an state that one gender is superior to the other.
Some mistakenly translate “qiwamah” or responsibility for the family as
superiority. The Qur’an makes it clear that the sole basis for
superiority of any person over another is piety and righteousness not
gender, color, or nationality:
O
mankind! We created you from a single (pair) of a male and a female and
made you into nations and tribes that you may know each other. Verily
the most honored of you in the sight of Allah is (one who is) the most
righteous of you. And Allah has full knowledge and is well acquainted
(with all things). (Qur’an 49:13)
7.
The absence of women as prophets or “Messengers of Allah” in prophetic
history is due to the demands and physical suffering associated with the
role of messengers and prophets and not because of any spiritual
inferiority.
III. The Economic Aspect
1.
The Islamic Shariiah recognizes the full property rights of women
before and after marriage. A married woman may keep her maiden name.
2.
Greater financial security is assured for women. They are entitled to
receive marital gifts, to keep present and future properties and income
for their own security. No married woman is required to spend a penny
from her property and income on the household. She is entitled to full
financial support during marriage and during the waiting period (‘iddah)
in case of divorce. She is also entitled to child support. Generally, a
Muslim woman is guaranteed support in all stages of her life, as a
daughter, wife, mother, or sister. These additional advantages of women
over men are somewhat balanced by the provisions of the inheritance
which allow the male, in most cases, to inherit twice as much as the
female. This means that the male inherits more but is responsible
financially for other females: daughters, wives, mother, and sister,
while the female (i.e., a wife) inherits less but can keep it all for
investment and financial security without any legal obligation so spend
any part of it even for her own sustenance (food, clothing, housing,
medication, etc.).
IV. The Social Aspect
First: As a Daughter
1. The Qur’an effectively ended the cruel pre-Islamic practice of female infanticide (wa’d):
When the female (infant) buried alive is questioned for what crime she was killed. (Qur’an 81 89)
2.
The Qur’an went further to rebuke the unwelcoming attitudes among some
parents upon hearing the news of the birth of a baby girl, instead of a
baby boy:
When news is brought to one of them of (the birth of) a female (child) his face darkens and he is filled with inward grief! With shame does he hide himself from his people because of the bad news he has had! Shall he retain her on (sufferance and) contempt or bury her in the dust? Ah! what an evil (choice) they decide on! (Qur’an 16:58 59)
3. Parents are duty bound to support and show kindness and justice to their daughters. Prophet Muhammad said:
“Whosoever
has a daughter and he does not bury her alive, does not insult her, and
does not favor his son over her, Allah will enter him into Paradise.”
[Ahmad]
“Whosoever
supports two daughters til they mature, he and I will come in the day
of judgment as this (and he pointed with his two fingers held
together).” [Ahmad]
4. Education is not only a right but also a responsibility of all males and females. Prophet Muhammad said:
“Seeking
knowledge is mandatory for every Muslim (“Muslim” is used here in the
generic meaning which includes both males and females).
Second: As a Wife
1. Marriage in Islam is based on mutual peace, love, and compassion, not just the satisfaction of man’s needs:
And
among His Signs is that He created for you mates from among yourselves
that you may well in tranquillity with them and He has put live and
mercy between your (hearts); verily in that are signs for those who
reflect. (Qur’an 30:21)
(He
is) the Creator of the heavens and the earth: He has made for you pairs
from among yourselves and pairs among cattle: by this means does He
multiply you: there is nothing whatever like unto Him and He is the One
that hears and sees (all things). (Qur’an 42:11)
2.
The female has the right to accept or reject marriage proposals. Her
consent is prerequisite to the validity of the marital contract
according to the Prophet’s teaching. It follows that if by “arranged
marriage” is meant marrying the girl without her consent, then such a
marriage is nullifiable is she so wished.
“Ibn Abbas reported that a girl came to the Messenger of God, Muhammad, and she reported that her father had forced her to marry without her consent. The Messenger of God gave her the choice … (between accepting the marriage or invalidating it).” (Ahmad, Hadeeth no. 2469). In another version, the girl said: “Actually I accept this marriage but I wanted to let women know that parents have no right to force a husband on them.” [Ibn Majah]
3.
The husband is responsible for the maintenance, protection, and overall
headship of the family (qiwamah) within the framework of consultation
and kindness. The mutual dependency and complementary of the roles of
males and females does not mean “subservience” by either party to the
other. Prophet Muhammad helped in household chores in spite of his busy
schedule.
The
mothers shall give suck to their offspring for two whole years if the
father desires to complete the term. But he shall bear the cost of their
food and clothing on equitable terms. No soul shall have a burden laid
on it greater than it can bear. No mother shall be treated unfairly on
account of her child nor father on account of his child. An heir shall
be chargeable in the same way if they both decide on weaning by mutual
consent and after due consultation there is no blame on them. If you
decide on a foster mother for your offspring there is no blame on you
provided you pay (the mother) what you offered on equitable terms. But
fear Allah and know that Allah sees well what you do. (Qur’an 2:233)
The Qur’an urges husbands to be kind and considerate to their wives even if they do not like them.
O
you who believe! You are forbidden to inherit women against their will.
Nor should you treat them with harshness that you may take away part of
the marital gift you have given them except where they have been guilty
of open lewdness; on the contrary live with them on a footing of
kindness and equity. If you take a dislike to them it may be that you
dislike a thing and Allah brings about though it a great deal of good. (Qur’an 4:19)
Prophet Muhammad taught:” I command you to be kind to women …”“The best of you is the best to his family (wife) …”
Marital
disputes are to be handled privately between the parties whenever
possible, in steps (without excesses or cruelty). If disputes are not
resolved then family mediation can be resorted to.
Divorce
is seen as the last resort, which is permissible but not encouraged.
Under no circumstances does the Qur’an encourage, allow or condone
family violence or physical abuse and cruelty. The maximum allowed in
extreme cases is a gentle tap that does not even leave a mark on the
body while saving the marriage from collapsing.
5.
Forms of marriage dissolution include mutual agreement, the husband’s
initiative, the wife’s initiative (if part of her marital contract,
court decision on the wife’s initiative (for a cause), and the wife’s
initiative without a “cause” provided that she returns the marital gift
to her husband (khul’ [divestiture]).
6.
Priority for custody of young children (up to the age of about seven)
is given to the mother. A child later chooses between his mother and
father (for custody purposes). Custody questions are to be settled in a
manner that balances the interests of both parents and well being of the
child
Question of Polygyny (Polygamy)
1.
One of the common myths is to associate polygyny with Islam as if it
were introduced by Islam or is the norm according to its teachings.
While no text in the Qur’an or Sunnah states that either monogamy or
polygyny is the norm, demographic data indicates that monogamy is the
norm and polygyny is the exception. In almost all countries and on the
global level the numbers of men and women are almost even, with women’s
numbers slightly more than men.
As
such, it is a practical impossibility to regard polygyny as the norm
since it assumes a demographic structure of at least two thirds females,
and one third males (or 80 percent females and 20 percent males if four
wives per male is the norm!). No Islamic “norm” is based on an
impossible assumption.
2.
Like many peoples and religions, however, Islam did not out law
polygyny but regulated it and restricted it. It is neither required nor
encouraged, but simply permitted and not outlawed. Edward Westermarck
gives numerous examples of the sanctioning of polygyny among Jews,
Christians, and others.
3.
The only passage in the Qur’an (4:3) which explicitly mentioned
polygyny and restricted its practice in terms of the number of wives
permitted and the requirement of justice between them was revealed after
the Battle of Uhud in which dozens of Muslims were martyred leaving
behind widows and orphans. This seems to indicate that the intent of its
continued permissibility is to deal with individual and collective
contingencies that may arise from time to time (i.e., imbalances between
the number of males and females created by wars). This provides a
moral, practical, and humane solution to the problems of widows and
orphans who are likely to be more vulnerable in the absence of a
husband/father figure to look after their needs: financial, companions,
proper rearing, and other needs.
If
you fear that you shall not be able to deal justly with the orphans
marry women of your choice two or three or four; but if you fear that
you shall not be able to deal justly (with them) then only one … (Qur’an 4:3)
4.
All parties involved have options: to reject marriage proposals as in
the case of a proposed second wife or to seek divorce or khul’
(divestiture) as in the case of a present wife who cannot accept to live
with a polygynous husband.
While
the Qur’an allowed polygyny, it did not allow polyandry (multiple
husbands of the same woman). Anthropologically speaking, polyandry is
quite rare. Its practice raises thorny problems related to the lineal
identity of children, and incompatibility of polyandry with feminine
nature.
Third: As a Mother
1. Kindness to parents (especially mothers) is next to worship of Allah:
Your
Lord has decreed that you worship none but Him and that you be kind to
parents. Whether one or both of them attain old age in you life say not
to them a word of contempt nor repel them but address them in terms of
honor. (Qur’an 17:23)
And We have enjoined on the human (to be good) to his/her parents: in travail upon travail did his/her mother bear him/her and in years twain was his/her waning: (hear the command) “Show gratitude to Me and to your parents: to Me is (your final) destiny.” (Qur’an 31:14)
2. Mothers are accorded a special place of honor in Hadeeth too:
A
man came to the Prophet Muhammad asking: O Messenger of Allah, who
among the people is the most worthy of my good companionship? The
Prophet said, your mother. The man said then who is next: the Prophet
said, Your mother. The man further asked, Then who is next? Only then
did the Prophet say, Your father. (al Bukhari)
Fourth: As a Sister in Faith (Generally)
1. According to the Prophet Muhammad’s saying:
“Women are but sisters (or the other half) of men (shaqa’iq).
2. Prophet Muhammad taught kindness, care, and respect of women in general:
“I commend you to be kind to women”
Fifth: Issue of Modesty and Social Interaction
1.
There exists, among Muslims a big gap between the ideal of the real.
Cultural practices on both extremes do exist. Some Muslims emulate non
Islamic cultures and adopt the modes of dress, unrestricted mixing and
behavior resulting in corrupting influences of Muslims and endangering
the family’s integrity and strength. On the other hand, in some Muslim
cultures undue and excessive restrictions are believed to be the ideal.
Both extremes seem to contradict the normative teachings of Islam and
are not consistent with the virtuous yet participative nature of the
society at the time of the Prophet Muhammad.
2.
Parameters of proper modesty for males and females (dress and behavior)
are based on revelatory sources (the Qur’an and authentic Sunnah) and
as such are seen by believing men and women as divinely based guidelines
with legitimate aims, and divine wisdom behind them. They are not male
imposed or socially imposed restrictions.
3.
The notion of near total seclusion of women is alien to the prophetic
period. Interpretation problems in justifying seclusion reflect, in
part, cultural influences and circumstances in different Muslim
countries.
V. The Legal/Political Aspect
1. Both genders are entitled to equality before the law and courts of law. Justice is genderless.
Most
references to testimony (witness) in the Qur’an do not make any
reference to gender. Some references fully equate the testimony of males
and female.
And
for those who launch a charge against their spouses and have (in
support) no evidence but their own their solitary evidence (can be
received) if they bear witness four times (with an oath) by Allah that
they are solemnly telling the truth; And the fifth (oath) (should be)
that they solemnly invoke the curse of Allah on themselves if they tell a
life. But it would avert the punishment from the wife is she bears
witness four times (with an oath) by Allah that (her husband) is telling
a lie; And the fifth (oath) should be that she solemnly invokes the
wrath of Allah on herself is (her accuser) is telling the truth. (Qur’an 24:69)
One
reference in the Qur’an distinguishes between the witness of a male and
a female. It is useful to quote this reference and explain it in its
own context and in the context of other references to testimony in the
Qur’an.
O
you who believe! When you deal with each other in transactions
involving future obligations in a fixed period of time reduce them to
writing. Let a scribe write down faithfully as between the parties: let
not the scribe refuse to write as Allah has taught him so let him write.
Let him who incurs the liability dictate but let him fear his Lord
Allah and not diminish aught of what he owes. If the party liable is
mentally deficient or weak or unable himself to dictate let his guardian
dictate faithfully. And get two witnesses out of your own men and if
there are not two men then a man and two women such as you choose for
witnesses so that if one of them errs the other can remind her.
The
witnesses should not refuse when they are called on (for evidence).
Disdain not to reduce to writing (your contract) for a future period
whether it be small or big: it is just in the sight of Allah more
suitable as evidence and more convenient to prevent doubts among
yourselves; but if it be a transaction which you carry out on the spot
among yourselves there is no blame on you if you reduce it not to
writing. But take witnesses whenever you make a commercial contract; and
let neither scribe nor witness suffer harm. If you do (such harm) it
would be wickedness in you. So fear Allah; for it is Allah that teaches
you. And Allah is well acquainted with all things. (Qur’an 2:282)
A few comments on this text are essential in order to prevent common misinterpretations:
a)
It cannot be used as an argument that there is a general rule in the
Qur’an that the worth of a female’s witness is only half the male’s.
This presumed “rule” is voided by the earlier reference (24:69) which
explicitly equates the testimony of both genders in the issue at hand.
b)
The context of this passage (ayah) relates to the testimony on
financial transactions which are often complex and laden with business
jargon. The passage does not make a blanket generalization which would
otherwise contradict 24:69 cited earlier.
c)
The reason for variations in the number of male and female witnesses
required is given in the same passage. No reference was made to the
inferiority or superiority of one gender’s witness or the other’s. The
only reason given is to corroborate the female’s witness and prevent
unintended errors in the perception of the business deal. The Arabic
term used in this passage (tadhilla) means literally “loses the way,”
“gets confused or errs.” But are females the only gender that may err
and need corroboration of their testimony. Definitely not, and this is
why the general rule of testimony in Islamic law is to have two
witnesses even if they are both males.
This
leaves us with only one reasonable interpretation that in an ideal
Islamic society as envisioned by Islamic teachings the female members
will give priority to their feminine functions as wives, mothers, and
pioneers of charitable works. This emphasis, while making them more
experienced in the inner function of the family and social life, may not
give them enough exposure and experience to business transactions and
terminology, as such a typical Muslim woman in a truly Islamic society
will not normally be present when business dealings are negotiated and
if may present may not fully understand the dealings. In such a case,
corroboration by two women witnesses helps them remind one another and
as such give an accurate account of what happened.
d)
It is useful to remember that it is the duty of a fair judge, in a
particular case, to evaluate the credibility, knowledge and experience
of any witness and the specific circumstances of the case at hand.
2. The general rule in social and political life is participation and collaboration of males and female in public affairs:
The believers, men and women, are protectors one of another; they enjoin what is just and forbid what is evil: they observe regular prayers, practice regular charity, and obey Allah and His apostle. On them will Allah pour His mercy: for Allah is Exalted in power, Wise. (Qur’an 9:71)
3.
Now there is sufficient historical evidence of participation by Muslim
women in the choice of rulers, in public issues, in lawmaking, in
administrative positions, in scholarship and teaching, and even in the
battlefield. Such involvement in social and political affairs was done
without losing sight of the complementary priorities of both genders and
without violating Islamic guidelines of modesty and virtue.
4.
There is no text in the Qur’an or the Sunnah that precludes women from
any position of leadership, except in leading prayer due to the format
of prayer as explained earlier and the headship of state (based on the
common and reasonable interpretation of Hadeeth).
The
head of state in Islam is not a ceremonial head. He leads public
prayers in some occasions, constantly travels and negotiates with
officials of other states (who are mostly males). He may be involved in
confidential meetings with them. Such heavy involvement and its
necessary format may not be consistent with Islamic guidelines related
to the interaction between the genders and the priority of feminine
functions and their value to society. Furthermore, the conceptual and
philosophical background of the critics of this limited exclusion is
that of individualism, ego satisfaction, and the rejection of the
validity of divine guidance in favor of other man-made philosophies,
values, or “ism.” The ultimate objective of a Muslim man or woman is to
selflessly serve Allah and the ummah in whatever appropriate capacity.
Conclusion:
1.
Textual injunctions on gender equity and the prophetic model are
sometimes disregarded by some if not most Muslims individually and
collectively. Revision of practices (not divine injunctions) is needed.
It is not the revelatory Qur’an and the Sunnah that need any editing or
revision. What needs to be reexamined are fallible human interpretations
and practices.
2.
Diverse practice in Muslim countries often reflect cultural influences
(local or foreign), more so than the letter or spirit of the Shariiah.
3.
Fortunately, there is an emerging trend for the betterment of our
understanding of gender equity, based on the Qur’an and Hadeeth, not on
alien and imported un-Islamic or non-Islamic values and not on the basis
of the existing oppressive and unjust status quo in many parts of the
Muslim world.
Endnotes
1.
The term equity is used instead of the common expression ‘equality”
which is sometimes mistakenly understood to mean absolute equality in
each and every detailed item of comparison rather than the overall
equality. Equity is used here to mean justice and overall equality of
the totality of rights and responsibilities of both genders. It does
allow for the possibility of variations in specific items within the
overall balance and equality. It is analogous to two persons possessing
diverse currencies amounting, for each person to the equivalence of
US$1000. While each of the two persons may possess more of one currency
than the other, the total value still comes to US$1000 in each case. It
should be added that from an Islamic perspective, the roles of men and
women are complementary and cooperative rather than competitive.
2.
The Sunnah refers to the words, actions, and confirmations (consent) of
the Prophet Muhammad in matters pertaining to the meaning and practice
of Islam. Another common term which some authorities consider to be
equivalent to the Sunnah is the Hadeeth (plural: Ahadeeth) which
literally means “sayings.”
3.
In both Qur’anic references, 15:29 and 32:99, the Arabic terms used are
basharan and al Insaun both mean a human being or a person. English
translations do not usually convey this meaning and commonly use the
terms “man” or the pronoun” him” to refer to “person” without a
particular gender identification. Equally erroneous is the common
translation of Bani Adam into “sons of Adam” or “men” instead of a more
accurate term “children of Adam.”
4.
The emphasis is ours. The explanatory “both”{ was added whenever the
Our’anic Arabic text addresses Adam and Eve, like “lahoma, akala,
akhrajahoma.” This was done in order to avoid misinterpreting the
English term “you” to mean an address to a singular person. For the
Biblical version of the story and its implications, see The Holy Bible,
RSV, American Bible Society, New York: 1952: Genesis, chapters 23,
especially 3:6, 12, 1717; Levi ticus 12:17; 15:19 30; and Timothy 2:11
14.
5.
A common question raised in the West is whether a Muslim woman can be
ordained as a priest as more “liberal” churches do? It should be
remembered that there is no “church” or “priesthood” in Islam. The
question of “ordaining” does not arise. However, most of the common
“priestly” functions such as religious education, spiritual and social
counseling are not forbidden to Muslim women in a proper Islamic
context. A woman, however, may not lead prayers since Muslim prayers
involve prostrations and body contact. Since the prayer leader is
supposed to stand in front of the congregation and may move forward in
the middle of crowded rows, it would be both inappropriate and
uncomfortable for a female to be in such a position and prostrate,
hands, knees and forehead on the ground with rows of men behind here. A
Muslim woman may be an Islamic scholar, In the early days of Islam,
there were several examples of female scholars who taught both genders.
6.
This contrast with the legal provisions in Europe which did not
recognize the right until nearly 13 centuries after Islam. “By a series
of acts starting with the Married Women’s Property Act in 1879, amended
in 1882 and 1997, married women achieved the right to won property and
to enter into contracts on a par with spinsters, widows, and divorcees.”
See Encyclopedia Britannica, 1968, vol. 23, p. 624.
7. This period is usually three months. If the wife is pregnant, it extends until childbirth.
8.
Ahmad Ibn Hanbal (compiler), Musnad Ibn Hanbal, Dar al Ma’arif, Cairo:
1950 and 1955, vols. 3 and 4. Hadith nos. 1957 and 2104.
9.
Narrated in Al Bayhaqi and Ibn Majah, quoted in M. S. Aftfi, Al Martah
wa Huququhafi al Islam (in Arabic), Maktabat al Nahdhah, Cairo: 1988, p.
71.
10. Ibn Majah (compiler), Sunan Ibn Majah, Dar Ihya’ al Kutub al Arabiyah, Cairo: 1952, vol. 1, Hadith #1873.
11. Matn al Bukhari, op. cit., vol. 3, p. 257.
12. Riyad al Saliheen, op. cit, pp. 140.
13.
In the event of a family dispute, the Qur’an exhorts the husband to
treat his wife kindly and not to overlook her positive aspects. If the
problem relates to the wife’s behavior, her husband may exhort her and
appeal for reason. In most cases, this measure is likely to be
sufficient. In cases where the problem continues, the husband may
express his displeasure in another peaceful manner by sleeping in a
separate bed from hers. There are cases, however where a wife persists
in deliberate mistreatment of her husband and disregard for her marital
obligations. Instead of divorce, the husband may resort to another
measure that may save the marriage, at least in some cases. Such a
measure is more accurately described as a gentle tap on the body, but
never on the face, making it more of a symbolic measure than a punitive
one. Following is the related Qur’anic text:
Men
are the protectors and maintains of women because Allah has given the
one more (strength) than the other and because they support them from
their means. Therefore the righteous women are devoutly obedient and
guard in (the husband’s) absence what Allah would have them guard. As to
those women on whose part you fear disloyalty and ill conduct, admonish
them (first), (next) refuse to share their beds (and last) beat them
(lightly); but if they return to obedience seek not against them means
(of annoyance): for Allah is Most High, great (above you all). (Qur’an
4:34)
Even here, that maximum measure is limited by the following:
a)
It must be seen as a rare exception to the repeated exhortation of
mutual respect, kindness and good treatment discussed earlier. Based on
the Qur’an and Hadeeth, this measure may be used in the case of lewdness
on the part of the wife or extreme refraction and rejection of the
husband’s reasonable requests on a consistent basis (nushuz). Even then
other measures such as exhortation should be tried first.
b)
As defined by the Hadeeth, it is not permissible to strike anyone’s
face, cause any bodily harm or even be harsh. What the Hadeeth qualified
as dharban ghayra mubarrih or light beating was interpreted by early
jurists as a (symbolical) use of the miswak (a small natural
toothbrush).
They
further qualified permissible “beating” as beating that leaves no mark
on the body. It is interesting that this latter fourteen centuries old
qualifier is the criterion used in contemporary American law to separate
a light and harmless tap or strike from “abuse” in the legal sense.
This makes it clear that even this extreme, last resort and “lesser of
the two evils” measure that may save the marriage does not meet the
definitions of “physical abuse,” “family violence,” of “wife battering”
in the twentieth century laws in liberal democracies, where such
extremes are commonplace that they are seen as national concerns.
c)
Permissibility of such symbolical expression of the seriousness of
continued refraction does not imply its desirability. In several
Ahadeeth, Prophet Muhammad discouraged this measure. Among his sayings:
“Do not beat the female servants of Allah,” “Some (women visited my
family complaining about their husbands (beating them). These (husbands)
are not the best of you,” “[Is it not a shame that], one of you beats
his wife like [an unscrupulous person] beats a slave and maybe he sleeps
with her at the end of the day.” See Riyad Al Saliheen, op cit., pp.
130 140. In another Hadeeth, the Prophet said:
“How
does anyone of you beat his wife as he beats the stallion camel and
then he may embrace (sleep with) her?” Shaheeh Al Bukhari, op. cit.,
vol. 8, Hadeeth no. 68, pp. 42 43.
d)
True following of the Sunnah is to follow the example of the Prophet
Muhammad, who never resorted to that measure regardless of the
circumstances.
e)
Islamic teachings are universal in nature. They respond to the needs
and circumstances of diverse times, cultures, and circumstances but
unnecessary in others. Some measures may work in some cases, cultures,
or with certain persons but may not be effective in others. By
definition a “permissible” it is neither required encouraged, or
forbidden. In fact, it may be better to spell out the extent of
permissibility such as in the issue at hand, than leaving it
unrestricted and unqualified or ignoring it all together. In the absence
of strict qualifiers, persons may interpret the matter in their own way
lending to excesses and real abuse.
f)
Any excess, cruelty, family violence, or abuse committed by any
“Muslim” can never be traced, honestly, to any revelatory text (Qur’an
and Hadeeth). Such excesses and violations are to be blamed on the
person(s) himself as it shows that he is paying lip service to Islamic
teachings and injunctions and is failing to follow the true sunnah of
the Prophet.
14.
For more details on marriage dissolution and custody of children, see
A. Abd al Ati, Family Structure in Islam, Indianapolis: American Trust
Publications, 1977, pp. 217 49.
15.
For more details on the issue of polygyny, see Jamal A. Badawi,
Polygyny in Islamic Law, Plainfield, IN: American Trust Publications,
also Islamic Teachings (audio series), Islamic Information Foundation,
1982, album IV.
No comments:
Post a Comment