Women in Islam/sandbox

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Vocabulary of Islam

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Islam considers men and women to be equal by nature. However, it differentiates between men and women in certain aspects. Some argue that this differentiation is in fact discrimination according to their status and responsibilities.[1]

Contents

[edit] Introduction

In Islam, men and women are considered to be equals in humanity, both having responsibility over their own souls and selves. At the same time both are encouraged to show love and devotion to eachother.[dubious ] On a social and familiar scale, Islam recognizes that there are differences between the genders, and thus gives each one of the different roles in society. Due to perceived differences in needs and abilities, different rights and obligations are considerd to be appropriate.

[edit] Women in the Qur'an

Main article: Women in the Qur'an

The Qur'an deals extensivly with issues related to woman.

[edit] Women's status

On a literal basis, the word "The men" (Al-Rajul) and the word "The women" (Al-Mar'ha) are both used 24 times[2].

On a Moral plane, the responsibility of men and women is considered equal as the Qur'an places men and women in immediate comparison.

Also,

In the pre-Arabic Islamic societies, it was common practice to burry unwanted daughters alive. Islam condemns the attitudes of such parents.

Similarly, according to a saying attributed to Muhammad:

  • Whosoever has a daughter and he does not bury her alive, does not insult her, and does not favour his son over her, God will enter him into Paradise.[3]

[edit] Financial rights

Islam gives women the right to own, which entitles them to have personal possessions. The Qur'an also explicitly outline women's inheritance rights.

[edit] Inheritance

A female can have a share less than of a male or equal to a male, according to her degree of relation to the kin. Some consider this difference to be according to the responsibility of women in that role.[4] As in Qur'an:

  • From what is left by parents and those nearest related, there is a share for men and a share for women whether small or large – a fixed share.4:7
  • God enjoins you about your children that a boy’s share is equal to that of two girls’. And, if there are only girls among the children and they are more than two, then they shall receive two-thirds of the inheritance, and, if there is only one girl, then her share is half. And if the deceased has children, then the parents shall inherit a sixth each, and if he has no children and only the parents are his heirs, then his mother shall receive a third, and if he has brothers and sisters, then the mother’s share is the same one-sixth after the payment of any legacies he may have bequeathed and after discharging any debts he may have left behind.4:11
  • If a man dies childless and he has only one sister, she shall inherit half of what he leaves; and if a sister dies childless then her brother shall be her heir; and if there are two sisters, they shall inherit two-thirds of what he [or she] leaves.4:126
  • And to you belongs a half of what your wives leave, if they die childless. And if they have children, a quarter of what they leave shall be yours after payment of any legacies they may have bequeathed and after discharging any [outstanding] debts. Your wives shall inherit a quarter of what you leave, if you die childless. If you have children, then they shall inherit one-eighth, after payment of any legacies you may have bequeathed, and after discharging any of your [outstanding] debts.4:12

In case of kalalah relation, which is an adjective used for a person who leaves behind neither parents nor children; it also means all the relatives of a deceased except his parents and children, and it also denotes the relationships which are not through [the deceased’s] parents or children. If kalalah relatives are not brothers and sisters, as in the case of a childless male or female, Qur'an does not discriminate between men and women.[4] As in Qur'an:

  • If a man or a woman is made an heir on account of his [or her] kalalah relationship [with the deceased] and he [or she] has one brother or sister, then the brother or sister shall receive a sixth, and if they be more than this, then they shall be sharers in one-third, after payment of any legacies bequeathed and any [outstanding] debts – without harming anyone. This is a command from God, and God is Gracious and All-Knowing.4:12
  • People ask your pronouncement. Say: God enjoins you about your kalalah heirs that if a man dies childless and he has only a sister, then she shall inherit half of what he leaves and if a sister dies childless, then her brother shall be her heir; and if there are two sisters, then they shall inherit two-thirds of what he [or she] leaves. If there are many brothers and sisters, then the share of each male shall be that of two females. God expounds unto you that you err not and God has knowledge of all things.4:176

[edit] Right to work

Woman's primary responsibility is usually interpreted as having to raise children. Some Muslims believe that if women fulfill this, they may have a career if they wish and their husbands agree. Qur'an puts the main responsibility of earning over husband and asks wives to be obedient to their husbands. Hence, permission to work is generally considered conditional. As in Qur'an:

Men are the maintainers of women because Allah has made some of them to excel others and because they spend out of their property; the good women are therefore obedient... 4:34

[edit] Obligations

A woman, when compared with her husband, 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.[5]

[edit] Legal matters

[edit] Testimony

In case of witnesses for financial documents, the Qur'an asks for two men or one man and two women. Some argue that this command shows that Qur'an does not want to make difficulties for women.[6] It is disputed whether the testimony of a woman is half or not.

Averroes, one of the renowned Maliki jurist of 12th century writes:

There is a general consensus among the jurists that in financial transactions a case stands proven by the testimony of a just man and two women on the basis of the verse: ‘‘If two men cannot be found then one man and two women from among those whom you deem appropriate as witnesses’’. However; in cases of Hudud, there is a difference of opinion among our jurists. The majority say that in these affairs the testimony of women is in no way acceptable whether they testify alongside a male witness or do so alone. The Zahiris on the contrary maintain that if they are more than one and are accompanied by a male witness, then owing to the apparent meaning of the verse their testimony will be acceptable in all affairs. Imam Abu Hanifa is of the opinion that except in cases of Hudud and in financial transactions their testimony is acceptable in bodily affairs like divorce, marriage, slave-emancipation and raju‘ [restitution of conjugal rights]. Imam Malik is of the view that their testimony is not acceptable in bodily affairs. There is however a difference of opinion among the companions of Imam Malik regarding bodily affairs which relate to wealth, like advocacy and will-testaments, which do not specifically relate to wealth. Consequently, Ash-hab and Ibn Majishun accept two male witnesses only in these affairs, while to Malik Ibn Qasim and Ibn Wahab two female and a male witness are acceptable. As far as the matter of women as sole witnesses is concerned, the majority accept it only in bodily affairs, about which men can have no information in ordinary circumstances like the physical handicaps of women and the crying of a baby at birth.

Ibn RushdBidayatu’l-Mujtahid, 1st ed., vol. 4, (Beirut: Daru’l-Ma‘rifah, 1997), p. 311

Many Muslims believe that the testimony of women is also half. Javed Ahmed Ghamidi writes that Islam asks for two women witnesses against one male because this responsibility is not very suited to their temperament and general sphere of interests and the environment they are used to. He argues that Islam makes no claim that woman's testimony is half in any case.[7]

[edit] Diyya

Main article: Blood money (term)

Diyya is paid as a fine to the next of kin of somebody who was killed unintentionally (in Arabic: Diyat or Diyya ديت). Islam has not prescribed any specific amount for Diyat nor has it obligated to discriminate in this matter between a man or a woman, a slave or a free man and a Muslim or a non-Muslim; however its quantity, nature and other related affairs have been left open, by the Qur’an, to the customs and traditions of a society. The law of Diyya was in force in Arabia before the advent of Islam. The Qur’an directed to pay Diyat just according to this law both in case of intentional as well as unintentional murder.[8]

Countries like Saudi Arabia, are still using the same law of Diyya, which was in force in Arabia in Muhammad's time. According to this particular law, the fine for unintentional murder of a woman is half of that of a man.

[edit] Punishments

While describing punishments for different crimes, Qur'an does not discriminate between genders. Although, in case of sexual crimes like fornication, a woman can be found guilty easily as she may become pregnant, while it becomes difficult for the prosecution of males, as Islam asks for four witnesses to file a case for fornication. Some scholars don't differentiate between rape and adultery while still others do; however, there is a consensus that in the former offence the victim is not prosecuted. This creates more complications as the woman cannot file a case without having four witnesses (even for rape cases). While other scholars agree that rape cannot be treated like adultery and ask for harsher punishments of hiraba or disorder in the land, as mentioned in verses 5:33-34, which don't require four witnesses to register the case.[9]

[edit] Women as slaves

Main article: Slavery in Islam
Main article: Ma malakat aymanukum

At the time of the revelation of the Qur'an, the institution of slavery was essential to the economic and social needs of the society. In markets, slave-men and slave-women were bought and sold, and affluent houses had slave-men and slave-women of all ages. Sex with female-slaves was considered a norm. Qur'an gave slaves the right to make contract with their masters according to which they would be required to pay a certain sum of money in a specific time period, or would carry out a specific service for their masters; once they would successfully fulfill either of these two options, they would stand liberated. As stated in Qur'an:[9]

And if any of your slaves ask for Mukatabat, accept it give it to them if you know any good in them and [for this] give them out of the wealth which Allah has given to you.24:33

This right of Mukatabat was granted to slave-men and slave-women. Prior to this, various other directives were given at various stages to gradually reach this stage. These steps are summarized below:[9]

  1. In the very beginning of its revelation, the Qur'an regarded emancipation of slaves as a great virtue.[10]
  2. People were urged that until they free their slaves they should treat them with kindness.[11][12]
  3. In cases of unintentional murder, Zihar, and other similar offences, liberating a slave was regarded as their atonement and charity.[13]
  4. It was directed to marry off slave-men and slave-women who were capable of marriage so that they could become equivalent in status, both morally and socially, to other members of society.[14]
  5. If some person were to marry a slave-woman of someone, great care was exercised since this could result in a clash between ownership and conjugal rights. However, such people were told that if they did not have the means to marry free-women, they could marry, with the permission of their masters, slave-women who were Muslims and were also kept chaste. In such marriages, they must pay their dowers so that this could bring them gradually equal in status to free-women.[15]
  6. In the heads of Zakah, a specific head (for [freeing] necks) was instituted so that the campaign of slave emancipation could receive impetus from the public treasury.[16]
  7. Fornication was regarded as an offence. Since prostitution centers around this offence, brothels that were operated by owners using their slave-women were shut down automatically, and if someone tried to go on secretly running this business, he was given exemplary punishment.[17]
  8. People were told that they were all slaves/servants of Allah and so instead of using the words عَبْد (slave-man) and اَمَة (slave-woman), the words used should be فَتَى (boy/man) and فَتَاة (girl/woman) so that the psyche about them should change and a change is brought about in these age-old concepts.[18]
  9. A major source of slaves within the institution of slavery at the advent of Islam were the prisoners of war. The Qur'an rooted this out by legislating that prisoners of war should be freed at all costs, either by accepting ransom or as a favour by not taking any ransom money. No other option was available to the Muslims.[19][20]

[edit] Marriage

Generally in Islam, marriage is an open declaration of a contract by a man and a woman to live permanently as husband and wife. It is declared in the presence of people through a responsible personality with great solemnity and gravity after he delivers a sermon to counsel and guide them.[9] However, these conditions may vary among different Muslims e.g. Shia Muslims have Nikah Mut‘ah, which is quite different in its nature. Islam allows marriage of Muslim men with chaste women from people of the Book.[21] However some consider this permission to be conditional as this permission was granted when Islam prevailed over polytheistic Arab society in every manner and there was a great chance that most women would accept Islam as the relevant verse 5:5 begins with the word ‘اَلْيَوْم’ (this day).[9] Pre-requisites of marriage include:

  • Marriage should be conducted through dower.[22] It is an amount or gift, that is given by the husband to his wife. Once a dower has been ascertained with the realization that it is an obligation of a Muslim husband, he and his wife can mutually change its amount as well as the time of its payment. However, some Muslims insist that dower should be paid by the husband to his wife before they sleep together. Dower should not be considered as a favor rather as an obligation. It should be given according to the social status of the lady. Islamic scholars consider it a way of showing importance of marriage contract and a preparation on behalf of husband to fulfill his marital responsibilities.[23]
  • The second pre-requisite of marriage is chastity. Islam does not give adulterers the right to marry a chaste woman and no adulteress is given the right to marry a chaste man, except if the matter has not gone to court and the two purify themselves of this sin by sincere repentance.[24][9]

According to the Islamic Law, women cannot be forced to marry anyone without their consent. As it is attributed to Muhammad:[5]

  • Ibni `Abbaas reported that a girl came to the Messenger of God, Muhammad (sws), 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].[25]
  • ...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]".[26]

[edit] Divorce

Main article: Talaq (Nikah)

The rules for Talaq (divorce) vary among the major Islamic schools. Most importantly Shi'a and Sunni Muslims have different rules to engage a Talaq. In both the Sunni and Shi'a traditions the right of divorce is primarily for men. In case where the woman wants a divorce, she will ask a court of law for divorce.[27] The divorced wife keeps her mahr and anything which was given by the husband to his wife. As in Quran:

And do not treat them (wife) with harshness that you may take away what you have given them...4:19

[edit] Post divorce

After divorce, Qur'an puts some responsiblities on divorcee and divorcer on behalf of their children.[28]

Qur'an also prohibit interventions from previous husband in divorced lady's life.

[edit] Rights and obligations as wife

Islam advocates a harmonious relationship between husband and wife. It puts the main responsibility of earning over the husband. Both are asked to fulfill the other's sexual needs. Husbands are asked to be kind to their wives and wives are asked to be obedient to their husbands. However, in case of rebellious behaviour, the husband is asked to urge his wife to mend her ways, then to refuse to share their beds, and as the last resort, husbands are allowed to admonish their wives by beating (which is normally described as mild and which doesn't leave a mark).[29] Islam emphasizes the importance of taking counsel and mutual agreement in family decisions.[5] As in the Qur'an:

  • If they [husband and wife] desire to wean the child by mutual consent and after consultation, there is no blame on them. 2:233

As Muhammad is attributed to say in the Farewell Sermon:

  • O people! Accept the advice regarding good treatment of women and [accept it] because they are duty bound [to fulfill your marital rights]. You have no other authority on them except this. And if they commit open sexual misconduct you have the right to leave them alone in their beds and [if even then, they do not listen] beat them such that this should not leave any mark on them. Then if they obey you, take no further action against them. Indeed you have rights over women and they also have rights over you. You have the right that they do not permit into your homes nor sleep with anyone you dislike. Listen! their right upon you is that you feed and clothe them in the best way [you are able to].[30]

Beating wives for any other reason is completely prohibited, as Muhammad is attributed to say:

  • I went to the Apostle of Allah (peace be upon him) and asked him: What do you say (command) about our wives? He replied: Give them food what you have for yourself, and clothe them by which you clothe yourself, and do not beat them, and do not revile them.[31]

[edit] Directives for widows

Qur'an prohibits widows to engage themselves for four lunar months and ten days, after the death of their husbands. According to Qur'an:

And those of you who die and leave widows behind, they should keep themselves in waiting for four months and ten days. Then when they have fulfilled their term, there is no blame on you about what they do with themselves in accordance with the norms [of society]. And Allah is well acquainted with what you do. And there is also no blame on you if you tacitly send a marriage proposal to these women or hold it in your hearts. Allah knows that you would definitely talk to them. [Do so] but do not make a secret contract. Of course you can say something in accordance with the norms [of the society]. And do not decide to marry until the law reaches its term. And know that Allah has knowledge of what is in your hearts; so be fearful of Him and know that Allah is Most forgiving and Most Forbearing.2:234-235

Islamic scholars consider this directive a balance between mourning of husband's death and protection of widow from censure that she became interested in re-marrying soon after her husband’s death.[32]

Husbands should make a will in favor of their wives for the provision of one year’s residence and maintenance, except if the wives themselves leave the house or take any other similar step. As stated in Qur'an:

And those of you who die and leave widows should bequeath for their widows a year’s provision and [bequeath] that [in this period] they shall not be turned out of their residences; but if they themselves leave the residence, there is no blame on you for what they do with themselves according to the norms of society. And Allah is Exalted in Power, Wise.2:240

[edit] Dress code

Main article: Hijab

Hijab is usually taken to mean modest dress and demeanour in general. According to Qur'an:

[O Prophet!] tell believing men to restrain their eyes and guard their private parts [if there are women present in these houses]. That is purer for them. And Allah is well aware of what you do. And tell the believing women to restrain their eyes and to guard their private parts and to display of their ornaments only those [which are worn on limbs] which are normally revealed and to draw their khumūr over their bosoms. They should not reveal their ornaments to anyone save their husbands or their fathers or their husbands’ fathers or their sons or their husbands’ sons or their brothers or their brothers’ sons or their sisters’ sons or other women of acquaintance or their slaves or the subservient male servants who are not attracted to women or children who have no awareness of the hidden aspects of women. They should [also] not stamp their feet in order to draw attention to their hidden ornaments. Believers turn to Allah in repentance that you may prosper. 24:30-31

Some Muslims who follow the Salafi strand of Sunni Islam insist that the garments known today as jilbab and khumūr are the very garments demanded by the Qur'an, but this is not accepted by non-Salafis. Instead most Qur'an translators and commentators translate the Arabic into English words with a general meaning - such as veils, head-coverings and shawls.[33] While some scholars argue that verses 24:30-31 teach ettiquettes for male and female interactions, where khumūr is mentioned in reference to the clothing of Arab women in the 7th century, but there is no command to actually wear them in any specific way. Hence they consider head-covering a preferable practice but not a directive of the sharia.[9]

[edit] Women as Islamic scholars, Imams, and leaders

Main article: Women as imams
Main article: Islamic feminism

Women, as well as men, are encouraged to become as educated as they can in Islam, and therefore there is nothing wrong with women becoming scholars. However the right to have an official position in a masjid is disputed by many. A fundamental role of an imam in a masjid is to lead the salah, or congregational prayers. Women are generally not allowed to lead mixed prayers, but some argue that Muhammad gave permission to Ume Warqa to lead a mixed prayer at the mosque of Dar.[34][35][36]

According to a Sunni hadith:...When Allah's Apostle was informed that the Persians had crowned the daughter of Khosrau as their ruler, he said, "Such people as ruled by a lady will never be successful.Sahih Bukhari Vol 5 Book 59 Hadith 709

Some Muslims argue that Muhammad's wife Aisha, who both took part in politics and served as a major authority on hadith, is an example of possible roles for Muslim women. Other Muslims would strongly disagree (Aisha is seen in a darker light by Shi'a Muslims because she opposed Muhammad's cousin and son-in-law Ali). Other examples include the appointment of Ume Warqa and Samra Binte Wahaib as the head of market committees of Medina and Mecca by Umar, the second Sunni Caliph.[34]

Some argue that Qur'an gives woman's right to participate in public affairs as there are examples of women who participated in serious discussions and argued even with the Prophet Muhammad himself.[37] Also during the Caliphate of Umar, a woman argued with him in the mosque, proved her point, and caused him to declare in the presence of many people: "A woman is right and Umar is wrong".[5]

[edit] Views

[edit] Comparision to Christianity

While Christianity and Judaism blame Eve for Adam's actions, the Qur'an does not do the same, both are given the same resposinility for their actions.[38] It also states that males and females were both created from the same soul. These arguments are presented to show that Eve was of the same species as Adam and women are not inferior beings.[39][9] As in Qur'an:

  • But the Satan made them both fall from it, and caused them to depart from that (state) in which they were; and We said: Get forth, some of you being the enemies of others, and there is for you in the earth an abode and a provision for a time. Then Adam received (some) words from his Lord, so He turned to him mercifully; surely He is Oft-returning (to mercy), the Merciful.2:36-37
  • O mankind! Fear your Lord, Who created you from a single person, created, of like species his mate, and from these two scattered countless men and women [in this world], and fear Allah through whom you seek mutual help and fear breaking blood relationships. Indeed God is watching over you.4:1

[edit] Criticism

Main article: Criticism of Islam

Critics of Islam present discrimination in law of inheritence, Islamic law of divorce, and husband's allowance of beating his wife as reasons for domestic voilence in Islamic society, that sometimes lead to honor killing. However, it is unclear whether these seeming injustices are based explicitly on religious doctrine or cultural influences.

[edit] See also

[edit] References

  • Tafseer of Surah an-Nisa, Ayah 34, Dr. Ahmad Shafaat, Islamic Perspectives. August 10, 2005.[8]

also

  1. ^ Amin Ahsan Islahi, Tadabbur-i-Qur'an, 2nd ed., vol. 2, (Lahore: Faran Foundation, 1986), p. 278
  2. ^ http://islamicweb.com/beliefs/science/numbers.htm
  3. ^ Musnad Ahmad ibn Hanbal, 1957
  4. ^ a b Javed Ahmed Ghamidi, Mizan, Chapter:The Islamic Law of Economics, Al-Mawrid
  5. ^ a b c d Jamal Badawi, The status of women in Islam.[1]
  6. ^ Half of a Man!, Renaissance, Al-Mawrid Institute, July, 2004.[2]
  7. ^ Javed Ahmed Ghamidi, Burhan, The Law of Evidence, Al-Mawrid.[3]
  8. ^ Javed Ahmed Ghamidi, Mizan, Chatper:The Penal Law of Islam, Al-Mawrid Institute.[4]
  9. ^ a b c d e f g h Javed Ahmed Ghamidi, Mizan, Chapter:The Social Law of Islam, Al-Mawrid
  10. ^ Qur'an, 90:13
  11. ^ Sahih Muslim,1662, 1661, 1657, 1659
  12. ^ Sunan Abu Dawud, 5164
  13. ^ Qur'an, 4:92, 58:85, 5:89
  14. ^ Qur'an, 24:32-33
  15. ^ Qur'an, 4:25
  16. ^ Qur'an, 9:60
  17. ^ Javed Ahmed Ghamidi, Mizan, Chapter:The Penal Law of Islam, Al-Mawrid
  18. ^ Sahih Muslim, 2249
  19. ^ Qur'an, 47:4
  20. ^ Javed Ahmed Ghamidi, Mizan, Chapter:Islamic Law of Jihad, Al-Mawrid
  21. ^ Qur'an, 5:5
  22. ^ Qur'an, 4:24
  23. ^ Amin Ahsan Islahi,Tadabbur-i-Qur'an, 2nd ed., vol. 2, (Lahore: Faran Foundation, 1986), p. 278
  24. ^ Qur'an, 24:3, 2:221
  25. ^ Musnad Ahmad ibn Hanbal, 2469
  26. ^ Sunan Ibn Maja, 1873
  27. ^ Moiz Amjad, Regarding the Iddah (Waiting Period) when the Woman has asked for Divorce, Understanding-islam.com, Al-Mawrid.[5]
  28. ^ Amin Ahsan Islahi, Tadabbur-i-Qur'an, 2nd ed., vol. 1, (Lahore: Faran Foundation, 1986), p. 545
  29. ^ Sunan Abu Dawud, 1878
  30. ^ Sunan Ibn Maja, 1841
  31. ^ Sunan Abu Dawud, 11:2139
  32. ^ Amin Ahsan Islahi, Tadabbur-i-Quran, 2nd ed., vol. 1, (Lahore: Faran Foundation, 1986), p. 546
  33. ^ See [6] for a collection of Qur'an translations, compared verse by verse
  34. ^ a b Javed Ahmed Ghamidi, Religious leadership of women in Islam, April 24, 2005, Daily Times, Pakistan.[7]
  35. ^ Sunan Abu Dawud, 2:591
  36. ^ Musnad Ahmad ibn Hanbal, (Bayrut: Dar Ihya’ al-Turath al- ‘Arabi, n.d.) vol.5, 3:1375
  37. ^ Qur'an 58:1, 60:10-12
  38. ^ Qur'an, 2:36-37, 7:20-24
  39. ^ Amin Ahsan Islahi, Tadhkiyah-i-Nafs (purification of oneself), 1st ed., vol. 2, (Lahore, Faran Foundation, 1989), p. 142

[edit] External links