Status of women in Islam

INTRODUCTION
The status of the women or women rights in our society is neither a new issue nor is it a fully settled one.
People are using words like oppressed or human rights incorrectly in the context of Muslim women not even in
just Pakistan but all over the world. Words are taken out of context to alter their meaning. For example, the
word oppression originally means “that which oppresses or burdens, a feeling of being heavily weighed down,
either mentally or physically; depression or weariness”. And, oppress means, “to subjugate or persecute by
unjust tyrannical use of force or authority”. But, the western society uses this word to explain anything that
violates their personal freedom, even if the violation is a law or a regulation which might protect them, and for
them oppression is a Muslim woman who fully covers her body. Skyrocketing rape statistics, sexual harassment
lawsuits, escalating female pornography industry, AIDS etc the woman who suffers oppression is not the
Muslim, but her Western counterpart. Islam is the only universal way of life that provides a pragmatic,
universal, workable and natural system and solution to the world’s currents dilemmas.

PRE ISLAMIC ERA

With reference to the traditional Islamic narratives, women in pre-Islamic eras had almost no rights. They were
not considered equal to men and were thus dictated under strict system. They were treated as objects and
were constantly humiliated.
They had a very little control over their marriages; they were also ineligible to inherit property. In one system of
marriage in the pre-Islamic era woman were forced into sexual relations with around tem men and when she
got pregnant the men would gather and a skilled individual would be called to recognize the likeliness of the
baby to one man. In that time, the purpose of women was considered just reproduction. The birth of a female
child was considered a burden and a disgrace which led to the common occurrence of female infanticide in the
most brutal of ways. So much so that it was even considered as an evil omen. Even in terms of inheritance, the
son would inherit majority of the assets left behind.

POST ISLAMIC ERA

In the midst of the darkness that engulfed the world, the divine revelation echoed in the wide desert of Arabia
with a fresh, noble, and universal message to humanity: "O Mankind, keep your duty to your Lord who created
you from a single soul and from it created its mate (of same kind) and from them twain has spread a multitude
of men and women" (Qur'an 4: 1).
A scholar who pondered about this verse states: "It is believed that there is no text, old or new, that deals with
the humanity of the woman from all aspects with such amazing brevity, eloquence, depth, and originality as
this divine decree."

The position of Islam regarding the status of woman in society from its various aspects - spiritually, socially,
economically and politically.

1. The Spiritual Aspect

CHRISTIANITY:
Many Old Testament verses blame Eve as the one who persuaded Adam to eat from the forbidden tree with
the result that Adam and his progeny were banished from paradise. This sin of disobeying the orders of God in
what is known as the Original Sin.
According to the Old Testament:
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“No wickedness comes anywhere near the wickedness of a woman…. Sin began with a woman and thanks to her
we all must die” (Ecclesiastics 25:19,24).

ISLAM
The Qur'an provides clear-cut evidence that woman is completely equated with man in the sight of God in
terms of her rights and responsibilities. The Qur'an states:
"Every soul will be (held) in pledge for its deeds" (Qur'an 74:38).
Woman according to the Qur'an is not blamed for Adam's first mistake. Both were jointly wrong in their
disobedience to God, both repented, and both were forgiven. In one verse in fact Adam specifically, was
blamed.

The Quran never blame Eve (Bibi Hawa).Al-A’raaf: 22-23

So, he (Satan) misled them (Hazrat Adam and Bibi Hawa) with deception…And their Lord called out to
them(saying): Did I not forbid you that tree and tell you: verily Satan is an open enemy unto you? They said Our
Lord! We have wrong ourselves. If you forgive us not, and bestowed not upon us your mercy, we shall certainly
be of the losers.

In terms of religious obligations, such as the Daily Prayers, Fasting, Poor-due, and Pilgrimage, woman is no
different from man. In some cases indeed, woman has certain advantages over man. For example, the woman
is exempted from the daily prayers and from fasting during her menstrual periods and forty days after
childbirth. She is also exempted from fasting during her pregnancy and when she is nursing her baby if there is
any threat to her health or her baby's.

2. The Social Aspect

a) As a child and an adolescent

BUDDHISM
The Times reported that the one-child-only policy applied in China led many Chinese to desire a male child
and as a result, they started aborting female babies, killing their female toddlers or selling their older girls to
mobile slave merchants until the policy that came into effect in 1978 and 1980.

HINDUISM
The strict caste system imposed by the Brahmins has resulted in the degradation of other castes resulting
female infanticide and selective abortion because of preference to male babies.
According to Dr. Chatterjee (1993) referred to Times of India report in which they reflected to Devadasi system
(religion prostitution) imposed by priests as system in which “Poor low-class girls, initially sold at private
auctions were later dedicated to the temples. They were then initiated into prostitution.”
The Devadasi system involves dedicating young “Harijian girls at childhood to a goddess, and their initiation
into prostitution, when they attain puberty continues to thrive in Karnataka. Andhra Pradesh and other parts of
South India. This system of prostitution flourishes as a result of conspiracy between the feudal class and the
Brahmins.

ISLAM
The Qur'an forbade female infanticide, and considered it a crime like any other murder.
"And when the female (infant) buried alive - is questioned, for what crime she was killed." (Qur'an 81:8-9).

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Criticizing the attitudes of such parents who reject their female children, the Qur'an states:
When news is brought to one of them, of (the Birth of) a female (child), his face darkens and he is filled with
inward grief! With shame does he hide himself from his people because of the bad news he has had! Shall he
retain her on (sufferance) and contempt, or bury her in the dust? Ah! What an evil (choice) they decide on?
(Qur'an 16: 58-59).
Prophet Muhammad (P.) said:
Whosoever has a daughter and he does not bury her alive, does not insult her, and does not favor his son over
her, God will enter him into Paradise. (Ibn Hanbal, No. 1957).

b) As wife

HINDUISM
Suttee, the burning of the widow alive after the death of her husband was a common practice until the British
government prohibited it in 1930.

CHRISTIANITY
The Code of Christian V, states that if a woman married without the consent of her tutor the might have, if he
wished, administration and usufruct of her goods during her life.

ISLAM
The Qur'an clearly indicates that marriage is sharing between the two halves of the society, and that its
objectives, beside perpetuating human life, are emotional well-being and spiritual harmony. Its bases are love
and mercy.
According to Islamic Law, women cannot be forced to marry anyone without their consent.
Ibn Abbas reported that a girl came to the Messenger of God, Muhammad (P.), and she reported that her
father had forced her to marry without her consent. The Messenger of God gave her the choice . . . (between
accepting the marriage or invalidating it). (Ibn Hanbal No. 2469). In another version, the girl said: "Actually I
accept this marriage but I wanted to let women know that parents have no right (to force a husband on them)"
(Ibn Maja, No.
1873)
Moreover woman has the full right to her Mahr, a marriage gift, which is presented to her by her husband and
is included in the nuptial contract, and that such ownership does not transfer to her father or husband.
The Qur'an thus states:
"And they (women) have rights similar to those (of men) over them, and men are a degree above them."
(Qur'an 2:228).
Such degree is Quiwama (maintenance and protection). As the woman's right to decide about her marriage is
recognized, so also her right to seek an end for an unsuccessful marriage is recognized. It is known as “khula”

c) As a mother:

CHRISTIANITY
The perception of women in Old Testament is that, all women were believed to have inherited from their
mother, the Biblical Eve, both her guilt and her guile, and as a result, they were all in untrustworthy, morally
inferior, and wicked. Menstruation and pregnancy and child bearing were considered the fair punishments for
the eternal guilt of the cursed female sex. The daughters inherit their father only if they have no brothers, and
widows, mothers, and sisters are deprived of inheritance.

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ISLAM
The Quran does not view child birth and pregnancy as a punishment for women but rather as an honorable
duty that the mothers should be appreciated for. Islam considered kindness to parents next to the worship of
God.
"And we have enjoined upon man (to be good) to his parents: His mother bears him in
weakness upon weakness..." (Qur'an 31:14)
A famous saying of The Prophet is
"Paradise is at the feet of mothers." (In Al'Nisa'I, Ibn Majah, Ahmad)

THE ECONOMIC ASPECT

HINDUISM
In Dharma Shastra Manu states, “There are certain types of people who do not deserve any rights like a wife, a
daughter and a slave are declared by law having no wealth of their own. The wealth which they may earn, is
regularly acquired for the man to whom they belong. (Dharma Shastra, Ch.V.pp.162-3)

CHRISTIANITY
According to the English Common Law…all real property which a wife held at the time of a marriage became
possession of her husband. He was entitled to the rent from the land and to any profit which might be made
from operating the estate during the joint life of the spouses. As time passed, the English courts devised
means to forbid a husband's transferring real property without the consent of his wife.
Starting with the Married Women's Property Act in 1870, amended in 1882 and 1887, married women achieved
the right to own property and to enter contracts on a par with spinsters, widows, and divorcees".

ISLAM
Islam decreed a right of which woman was deprived both before Islam and after it (even as late as this
century), the right of independent ownership. According to Islamic Law, woman's right to her money, real
estate, or other properties is fully acknowledged. This right undergoes no change whether she is single or
married. She retains her full rights to buy, sell, mortgage or lease any or all her properties. It is nowhere
suggested in the Law that a woman is a minor simply because she is a female. And there is no decree in Islam
which forbids woman from seeking employment.
Quran States:
"Unto men (of the family) belongs a share of that which Parents and near kindred leave, and unto women a
share of that which parents and near kindred leave, whether it be a little or much - a determinate share."
((Qur'an 4:7).
In addition, Islam restored to woman the right of inheritance, after she herself was an object of inheritance in
some cultures. Her share is completely hers and no one can make any claim on it, including her father and her
husband.

4. The Political Aspect

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Ancient Rome
Roman law, similar to Athenian law, was created by men in favor of men. Women had no public voice, and no
public role which only improved after the 1st century to the 6th century BCE. Freeborn women of ancient Rome
were citizens who enjoyed legal privileges and protections that did not extend to non-citizens or slaves.
Roman society, however, was patriarchal, and women could not vote, hold public office, or serve in the military.

ISLAM
Any fair investigation of the teachings of Islam into the history of the Islamic civilization will surely find a clear
evidence of woman's equality with man in what we call today "political rights".
This includes the right of election as well as the nomination to political offices. It also includes woman's right to
participate in public affairs. Both in the Qur'an and in Islamic history we find examples of women who
participated in serious discussions and argued even with the Prophet (P) himself, (see Qur'an 58: 14 and 60: 10-
12).
During the Caliphate of Omar Ibn al-Khattab, a woman argued with him in the mosque,
proved her point, and caused him to declare in the presence of people: "A woman is right
and Omar is wrong."

CONTEMPORARY ISSUES OF WOMEN

VEIL

Dr. Asghar Ali Engineer

According to Dr. Asghar, the word hijab does not occur in Qur’an for veiling the face of an ordinary Muslim
woman. It was only meant for the wives of the Prophet; the Bedouin Arabs would talk freely with the Prophet’s
wives after dinner. The Prophet did not like it and hence it was revealed that men should leave after dinner; if
they talk with the wives of the Prophet, they should talk from behind the curtain, hijab. Seen in proper context,
it is therefore clear that a reference has only been made to a curtain and not to a face veil.

Quran States:
“And say to the believing women that they lower their gaze and restrain their sexual passions and do not
display their adornment except that appears thereof. And let them let them wear their head coverings over
their bosoms."
It begins with advising men to lower their gaze while meeting a woman and then advising woman also to
lower their gaze while meeting men.
More fundamental to Quranic prescription is the one with respect to lowering of gaze rather than hiding one's
face behind the hijab. There is a Quranic verse which states,
“O Prophet, tell thy wives and they daughters and the women of believers to let down upon them their over-
garments. This is more proper so that they may be known, and not be given trouble (or teased).”
The veil was merely used by women to distinguish themselves from slave girls. Since slavery no longer exists,
this practice is redundant now. One cannot impose certain contextual practices of early Arabic society over
women today. Unfortunately, some ulama continue to use such verses in the Qur‟an for justifying the face veil.
It also becomes pertinent to discuss the burqa ban controversy in Europe now, Belgium and France having
passed legislation to that effect. The justification for this move is that it is necessary for the preservation and
protection of the countries secular culture and for the liberation of Muslim women from oppression. Both

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arguments are flawed. Today Europe is multi-cultural and all cultures are to be respected. It is no more mono-
cultural and such arguments are no more valid. Second, it would be against individual rights to impose what
one should wear and what one should not. Such imposition itself is an oppressive act, replacing, at best, one
kind of oppression by another. Some women might be wearing it of their own conviction and free choice.
Unless a woman complains that she is being coerced into wearing such veil there is no justification for
punishing her if she does wear it. Otherwise she will suffer doubly. Her family will force her to wear the veil and
if she refuses, she will suffer the wrath of the family. If she does wear it, she will suffer from the wrath of the
state by being made to either pay fine or go to jail.

DOMESTIC VIOLENCE
Verse 34, Chapter 4 of the Quran, being the chapter on women, has assumed great importance in any debate
on women's rights. The orthodox jurists argue that it gives men authority over women and even a right to beat
them if they rebel.
Kasshaf notes that a woman came to the Prophet, seeking readdress after she was slapped by her husband
without any fault on her part. The Prophet told her to go and retaliate (izhabi was iqtasi). The men complained
to the Prophet (PBUH) to which the Prophet said that it was his personal opinion and that he would wait for
revelation from Allah. The following verse of Surah An-Nisa was revealed in that context.
Men are the protectors and maintainers 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 ye 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).( Quran 4:34)
The most controversial word used in the verse is idribuhunna; commonly interpreted to mean “beating”. Such
a translation is rejected, the word daraba having, in reality, a variety of meanings. While the word is equivalent
to „strike‟ in English, in the Qur‟an, its usages have multiple meanings such as – to travel, to give an example,
to strike, to regret, to ignore, to take away. The phrase idribuhunna can be and should be rendered to mean -
"separate them". If a wife or a husband, indulged in disloyalty in marital matters, it is better if they are
separated from their respective spouses. Therefore, the phrase cannot, in any way, be interpreted to permit the
beating of women. Such an understanding also runs against the core values running through the Quran.
The Qur'an states:
"...But consort with them in kindness, for if you hate them it may happen that you hate a thing wherein God
has placed much good." (Qur'an 4: l9).
Prophet Muhammad. (P) said: The best of you is the best to his family and I am the best among you to my
family.
The most perfect believers are the best in conduct and best of you are those who are best to their wives. (Ibn-
Hanbal, No. 7396)
How can the same Qur‟an allow men to beat them? It is unfortunate that Muslims preferred to revert to their old ways
than abide by the divine instructions

IS A WOMAN A HALF-WITNESS?
Another legal myth is that a woman is a half-witness compared to man as the Qur‟an requires two female
witnesses in place of one man. The relevant Qur‟anic verse states:
"And call to witness from among your men two witnesses; but if there are not two men, then one man and
two women from among those whom you choose to be witnesses, so that if one of the two errs, one may
remind the other."

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According to Dr. Asghar Ali Engineer, this verse does not warrant any such conclusion. He further states: As I
have emphasized before, no verse should be read in isolation; the general approach of the Quran must always
be kept in mind. The Quran makes it clear that men and women are equal in abilities, capacities and
intellectual gifts; verse 3:1934 holds that men and women will be equally rewarded, while verse 24:6:9 clearly
states that men and women are equal in matters of witness too. The cultural context at the time of revelation
needs to be kept in mind. Few women possessed the requisite business expertise; hence this verse was
revealed so that “if one of the two errs, the one may remind the other.”
There are other explanations as well, offered by some liberal and progressive commentators. Maulavi Mumtaz
Ali Khan, for example, maintains that requirement of two women is a sort of privilege, rather than disability. If
one woman is menstruating or has delivered or is suckling her child, the other may go and bear witness. Such
privilege has not accorded to man. Moreover, there is no common consensus among jurists that women are
half-witnesses as well. Ibn Qayuyim, a prominent disciple of Ibn Taymiyyah, maintains that a single woman, if
she is reliable, can be accepted as a witness.

INHERITANCE

Quran States:
For men there is a share from what their parents and close relatives leave, and for women there is a share from
what their parents and close relatives leave, be it little or considerable; a definite share. “
Her share in most cases is one-half the man's share, with no implication that she is worth half a man. This
variation in inheritance rights is only consistent with the variations in financial responsibilities of man and
woman according to the Islamic Law. Man in Islam is fully responsible for the maintenance of his wife, his
children, and in some cases of his needy relatives, especially the females. This responsibility is neither waived
nor reduced because of his wife's wealth or because of her access to any personal income gained from work,
rent, profit, or any other legal means. Woman, on the other hand, is far more secure financially and is far less
burdened with any claims on her possessions. Her possessions before marriage do not transfer to her husband
and she even keeps her maiden name. She has no obligation to spend on her family out of such properties or
out of her income after marriage. She is entitled to the "Mahr" which she takes from her husband at the time
of marriage. If she is divorced, she may get alimony from her ex-husband. An examination of the inheritance
law within the overall framework of the Islamic Law reveals not only justice but also an abundance of
compassion for woman. The master then explains if the father leaves behind 1,000 dirhams,
the son will get 500 and the daughter 250. When the son marries, he will give away 250
dirhams by way of mehr and will be left with only 250. But when the daughter marries
she will get 250 by way of mehr and will have 250 plus 250, i.e. 500 dirhams, while her
brother is left with only 250 dirhams after giving mehr. Thus who gets twice the father's
share, the son or the daughter? Obviously, the daughter.

Child Marriage
Like any other patriarchal feudal society, the institution of child marriage existed in Arabic society. However,
the woman was given the right to accept or reject the marriage on attaining majority. This right in shari‟ah
language is called khiyar al-bulugh. . The woman had every right to exercise this option and could not be
coerced into accepting the commitment which her father made when she was a child.

Guardianship for Marriage

In pre-Islamic times, a marriage guardian, known as wali, was required for the conduct of the marriage
ceremony. No nikah could be performed without the agency of wali. However, the Qur‟an does not make any

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reference to this institution of wali. This clearly indicates that an adult woman could enter into a marriage
contract herself, without the agency of her father or in absence of the father, her grandfather or uncle or
brother. However, similar to other situations, this was too radical a step for Arabs to accept. The jurists retained
the institution of wali in the case of bakirah, a virgin who was marrying for the first time but allowed a thayyib,
that is, a widow or a divorcee, to marry without a wali. The justification rendered was that a virgin was not
experienced and hence, required her father or nearest male relative to act as her marriage guardian. However
a widow or a divorcee was experienced enough to dispense with the presence of a marriage guardian. With or
without a marriage guardian, the consent of the woman was nonetheless absolutely necessary.

DIVORCE
Quran States:
“Verily, Allah loves a house in which a wedding is held and hates a house in which a divorce is conducted and
there is nothing more hateful than divorce”
The Quran did not approve of triple talaaq (divorce) in one sitting as was the case in pre-Islamic days. Such
divorce was considered irrevocable unless the divorced woman married another man, the marriage was
consummated and then the man divorced her. Only then could the woman become hallalah, that is, it became
permissible for her to marry her former husband. This was, evidently, a very humiliating practice. The Qur’an
brought about thorough reform in this form of divorce and required the three divorces to be spaced at one
month’s interval, and to pronounce one divorce at one time, after checking that the woman was not in a state
of menstruation. The man could take back his wife before one month was over. If that did not happen and the
second pronouncement was made, the man could still revoke the declarations by taking her back before the
third pronouncement. The Prophet also denounced the practice of hallalah and forbade it. After
pronouncement of the third divorce, the woman could marry another person of her choice.
“Among that which Allah has made permissible there is nothing He hates more than divorce and Allah hates a
man who divorces and marries many women”

Polygamy

“…then marry [other] women, who seem virtuous to you, two or three or four; and if you fear that you cannot
do them justice, then one [only]…”

Normally, polygamy is not permissible, as even in the Qur’an it is allowed in certain exceptional circumstances
only, such as for instance, to help widows. A bride can, inter alia, stipulate that the husband cannot take any
other wife during the subsistence of their marriage. Polygamy should not be treated as the right of the
husband. This is in line with the Quranic verses. Even if a second marriage happens, the first wife’s consent
should be obtained. The qazi should only permit such a marriage if he is satisfied that the husband will treat
both wives equally and justly.

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