Women in Islam

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Most commentary on gender and politics in the Middle East and Muslim world assigns a central place to Islam, but there is little agreement about the analytic weight Islam carries on the topic of women in Islam, accounting for the subordination of women or the role it plays in relation to women's rights.^[1][2][3] It is commonly believed by many Islamic scholars^{[attribution needed]} that the Qur'an maintains women's religious and moral equality.^[4][5][6] With the same token, women in Islam are subordinate to men in their family. They receive less inheritance and their testimony is also considered half.^[5] In Islam, relations between the sexes are governed not by the principle of equality but by the principle of complementarity.^[7] Some also argue that this differentiation is discrimination according to their status and responsibilities.^[8]

Using the Qur'an, the hadith and the lives of prominent women in the early period of Muslim history as sources, conservatives confirmed that existing gender asymmetries are divinely ordained, while feminists discerned possibilities for a more progressive politics of gender based on the egalitarian ideals of early Islam. These exegetical exercises mainly showed that, for both feminists and anti-feminists, Islamic doctrine continued to provide the only legitimate discourse within which to debate women's rights.^[3] However, contemporary analysts have renounced treatment of Muslim women as essentialist, ahistorical and lacking in class perspectives with respect to Islamic injunctions.^[9][10][3]

[edit] Women in Islam

Islam, both in the form of Quranic teachings and sharia has had a formative influence on the role of women and men in Muslim societies throughout the centuries.^[5] John Esposito writes with regard to women in Islam:^[5]

The study of women in Islam and Muslim society is complex, reflecting the diverse and varied realities of Muslim women and Muslim societies throughout the ages. Alongside ideals embodied in the Qur'an and the traditions (hadith) of Muhammad, one must look at the actual condition of Muslim women in diverse time periods and sociohistorical contexts. The status of women in Islam was profoundly affected not only by the fact that Islamic belief interacted with and was informed by diverse cultures, but also, and of equal importance, that the primary intepreters of Islamic law and tradition were men (religious scholars or ulama) from those cultures.

Islamic law is the product of Quranic guidelines, as understood by Islamic jurisprudence (fiqh), as well as of the interpretations derived from the traditions of Muhammad (hadith), which were also selected by a number of historical Islamic scholars. The Qur'an itself is not the sole guideline: "The Quran is not a law book; it does, however, provide principles and guidelines that were incorporated into Islamic law through selection and interpretation."^[5] Such rules were historically often eroded and subverted, claims Esposito, by social custom, poverty, illiteracy. Furthermore, whether or not Muslims tended to follow their rights, e.g. whether a man marries four wives or only one, was dependent on the prevailing culture, often different between social classes, local conditions, and regions. Quranic reforms, improving the historical position of women relative to their situation prior to Islam in many regions, have often been undermined by the reassertion of tribal customs, or the use of such under the name of Islamic law, and historical or cultural interpretations, reaffirming the male dominance and perpetuating gender inequality. Today, says Esposito, "the tensions between ideal and real world become compounded by conflicts between tradition and modernity."^[11]

The importance of female symbolism in Islamist movements is possibly explained by the following:^[12]

For Islamists, the primary threat of the West is cultural rather than political or economic. Cultural dependency robs one of faith and identity and thus destroys Islam and the Islamic community (umma) far more effectively than political rule. Women and the family have been identified as pivotal in this contest. (...) The hijab has become not only a sign of modesty but also the symbol for the defense of Islam, for the preservation of the family, and thus the Islamic identity of Muslim societies.

[edit] Women in their nature

Yvonne Haddad and John Esposito write that in principle, except for a verse or two, the Qur'an grants women equality.^[5](pp.163) It is only in the matter of the rights and responsibilities of males and females that the notion of equal human worth, otherwise equality of believers and the relative economic independence of women (right to inherit and to keep their own property) is so intrinsic to Qur'an.^[7]

Eve, in the Qur'an, is not blamed for Adam's first mistake although they are in the Hadith. Both were jointly wrong in their disobedience to God; both repented and both were forgiven.^[13] It also states that males and females were both created from the same soul.^[4] These arguments are presented to show that Eve was of the same species as Adam and women are not inferior beings.^[14][15] As in Qur'an:

It used to be a practice among pre-Islamic Arabs to bury their female infants alive. The Qur'an criticized the attitude of parents who reject their female children. As in the Qur'an:

Similarly, according to a saying attributed to Muhammad:

[edit] Religious responsibilities

Men and women are considered spiritually equal as the Qur'an places men and women in immediate comparison:^[6]

Women are exempted from praying and fasting during menstruation days and pregnancy while they are required to make up for fasts after the month of Ramadan. But Islam does not ask for isolation of women in this period. As it is attributed to Muhammad:^[16]

[You can] do everything [with your wives] except [for having] intercourse. Al-Muwatta 138

[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 Yemenese woman enveloped in Niqab dress. In general circumstances, Islam dignifies females with half the inheritance share available to males who have the same degree of relation to the deceased. The formulation is unaffected by any additional childrearing responsibilities that the female may have.

A female can have a share less than that of a male or equal to a male's, according to her degree of relation to the kin. Islamic scholars hold that the original reason for this difference is the difference in responsibility between men and women in the societies of Arabia in the 7th century: men had to provide for their family whereas women could keep all their money themselves. They were usually taken care of by their families or their husbands, whereas men would usually finance a family and relatives. Also, men had to pay the dowry to women in marriage while women don't have to pay anything to men. ^{[17] [18]} As in Qur'an:

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.^[17] As in Qur'an:

[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 if 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:

According to Sayyid Qutb as outlined by John Esposito, however, this passage does not imply the "quashing (of) the woman's personalty or her civic rights;rather it is an obligation to direct and protect the family." According to Qutb's analysis, the Quran "gives the man the right of 'guardianship' or 'superiority' over the family structure in order to prevent dissension and friction between the spouses. The equity of this system lies in the fact that God both favoured the man with the necessary qualities and skills for the 'guardianship' and also charged him with the duty to provide for the structure's upkeep."^[19]

Whether or not the above verse in the Quran forbids the work of women is thus disputed; this is illustrated by disagreements between Islamic schools of thought about whether women whould be able to enter specific job areas; One major disputed job area is that of the judge in a court: Shafi`ites claim that women may hold no judicial office, while Hanafites allow women to act as judges in civil cases only. These interpretation are based on the above quoted Medinese Sura 4:34.^[20]

[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 keeps her maiden name. She has no obligation to spend on her family out of such properties or out of her income after marriage. Unless she is a slave she is entitled to the Mahr which she takes from her husband at the time of marriage.^[21]

Although men appear to have more rights than women, women have some rights which men don't have, for example the right to be supported financially, and to a certain inviolability which is respected even by the most rude and warlike Bedouins.^[4]

[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.^[22] It is disputed whether the testimony of a woman is half or not.

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

Many Muslims believe that the legal value of the testimony of women is also half that of a man. 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.^[23]

[edit] Diyya

Main article: Diyya

Diyya is paid as a fine to the next of kin of somebody who was killed unintentionally (in Arabic: Diyat or Diyya دية). 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.^[24]

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, the Quran does not discriminate between genders. 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). Most scholars, however, agree that rape cannot be treated as adultery and ask for harsher punishments of hiraba or disorder in the land, as mentioned in verses 5:33-34, which do not require four witnesses to register the case.^[24] The form of punishment and interpretation of Islamic law in this case is highly dependent on the respective government legislation and/or judge.

[edit] Women as slaves

Main article: Islam and Slavery

Main article: Ma malakat aymanukum

There are several disabilities on the civil and economic rights of women and girls enslaved with the connivance of Islam which may affect them at vario times of their lives:^[25]

• they may not inherit property, even if they are freed upon their owner's death^[26]
• their evidence is generally rejected in a court of law^[27][28]
• they cannot hold property and must hand over to their owner any they may acquire^[29][30]
• except as their master's agent they may not carry on trade or business^[31]
• slaves may lawfully killed in vengeance (talio) if their master or their master's kinfolk kill the slave of another person^[32][33]
• except in the Hanafi madhhab, slaves may be killed for killing other slaves but no free person may be killed for killing a slave.^[34][35] If they are killed by a free man, the killer is only liable to at the time of the death not to pay their owner their sale value and not full blood-money compensation.^[36][37] Thus, their owners may kill them with impunity.
• they are not permitted marriage without their owner's consent. A master cannot be compelled to give his/her consent to his/her slave's marriage.^[38][39] By the view of some madh'hab (but not others), a master may compel his/her slave(s) to marriage and determine the identity of their marriage partner(s)^{[40] [41]}
• the mahr that is given for marriage to a female slave is taken by her owner, whereas all other women possess it absolutely for themselves^[42]

The property of slaves is owned by the master unless the master has granted the terms of a mukataba, which allows the slave to earn money to purchase his or her freedom and similarly to pay bride wealth.^[43]

Slavery is an institution which Islam took for granted both at the time of the Qur'an's revelation and subsequently. However it mitigates slavery by recommending kindness and the freeing of slaves as acts of great merit and declaring that their mistreatment will cause damnation.^[44] It permits sexual relations between a male master and his female slave outside of marriage referred to in the Qur'an as ma malakat aymanukum or "what your right hands possess",^[45][46] although he may not co-habit with a female slave belonging to his wife.^[47] Neither can he have relations with a female slave if she is co-owned. If the female slave has a child by her master, she then receives the title of "Umm Walad" (lit. Mother of a child), and she may no longer be sold and is deemed freed upon the death of her master. The child, by default, is born free due to the free status of the father. Although there is no limit on the number of concubines a master may possess general marital laws are to be observed - such as not having intimate relations with the sister of a female slave.^[47][48] Ghamidi asserts that sexual relations with concubines were only permitted because slavery couldn't be eradicated immediately being an essential component of social and economic infra-structure.^[15]

The Qur’an urges masters to favour deserving slaves by granting terms of Mukatabat i.e. a contract between a slave and his or her master according to which the former would be required to pay a certain sum of money in a specific time period or perform some specific service to achieve his or her freedom.^[15] Exegetical literature identifies slaves as mukatab when buying their own freedom.^[49] As stated in Qur'an:

This favour of mukatabat may be granted to deserving slaves or either gender. Prior to its formulation, other directives were given in stages gradually approaching it:^[15]

1. At beginning of its revelation, the Qur'an proclaims emancipation of slaves to be virtuous.^[50]
2. People were urged that until they free their slaves they should treat them with kindness.^[51][52]
3. In cases of unintentional murder, Zihar (see footnote for definition)^[53], and other similar offences, liberating a slave was defined as a means of atonement and charity.^[54]
4. It was directed to marry off morally-fit slaves with those who are solitary^[55]
5. If some person were to marry a slave-woman of someone, great care was exercised since it could result in a clash between ownership and conjugal rights. Such people were told that if they did not have the means to marry free women they could marry, with the permission of the owner(s), slave-women who were 'Believers' and chaste. In such marriages, they must pay mahr and the slave-wife is liable to half the punishment inflicted upon free-women for acts of indecency.^[56]
6. In the heads of Zakah (Legal almsgiving, Islamic religious tax), a specific head (for freeing necks [emancipation of slaves]) was instituted so that the campaign of slave emancipation could receive impetus from the public treasury.^[57]
7. Fornication (sexual intercourse between a man and a woman who are not married to each other) 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.^[24]
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.^[58]
9. A source of slaves within the institution of slavery at the advent of Islam were the prisoners of war. The Qur'an legislated that prisoners of war should either be freed or ransomed during the continuation of the state of war.^[59][60]

[edit] Marriage

Main article: Islamic marital jurisprudence

No age limits have been fixed by Islam for marriage. Children of the youngest age may be married or promised for marriage, although a girl is not handed across to her husband until she is fit for marital sexual relations.^[61] It is related that Muhammed himself took a nine year old child^[62] as one of his wives and commenced sexual relations with her when she was thirteen years of age^[63].

Under Hanafi fiqh, the wali(male guardian of an unmarried woman) may give in marriage a girl who is a virgin and also a minor, after informing her that her suitor has presented himself, even if he (the suitor) is a slave. Her silence is taken as consent, but even if she says that she does not consent, the marriage is still lawful.^[64][65] Hanafi fiqh also strictly requires in such a case that the wali should be the bride's father, or else her son or other relative in the descendant line, if she has one; if not, then some other male relative may act.^[66]

The owner of a girl slave might give her in marriage to anyone that he is pleased without asking her consent. However if he wished to marry her himself then he must first emancipate her and then seek her consent.^[67] The mahr of such a child slave bride is alienated from her instead given to her master.^[68]

Islam denies women a certain freedom of choice in their marriage and relationship partners. Women and girls are denied the choice of a marriage or relationships with non-muslim partners (while boys and men are not so restricted with respect to Jews,Sabians and Christians as partners^[69]).^[70]

Female slaves be held in concubinage outside of marriage by their owners at the owner's absolute discretion.

See also: Ma malakat aymanukum and Ma malakat aymanukum and sex

In other circumstances, marriage is an open declaration of a contract by a man and a woman to live 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.^[15] However, these conditions may vary among different Muslims e.g. Shia Muslims have Nikah Mut‘ah, which is quite different in its nature. 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).^[15] Pre-requisites of marriage include:

• Marriage should be conducted through dower.^[71] 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.^[72]

• 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.^[73][15]

According to the Islamic Law, women cannot be forced to marry anyone if they object. As it is attributed to Muhammad:^[21]

• 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]. Musnad Ahmad ibn Hanbal 2469
• ...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]". Sunan Ibn Maja 1873

[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.^[74] The divorced wife keeps her mahr and anything which was given by the husband to his wife. As in Quran:

[edit] Post divorce

After divorce, Qur'an puts some responsiblities on divorcee and divorcer on behalf of their children.^[75]

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

[edit] Custody of children

Islamic law does not have any directive for custody of children because this matter can only be decided keeping in view the welfare of the children and the circumstances of the parents. Following are some of the cases decided by Muhammad:^[15]

• Abd-Allah ibn Umar narrates that a lady came to Muhammad and said: "For this son of mine, it is only my belly which was his abode, and my breasts which were his vessel and my lap which was his dwelling place. Now his father has divorced me and wants to take him away from me." Muhammad replied, "You are more entitled to keep him until you marry again." Sunnan Abu Dawood 2276
• Abu Hurairah narrates that in a woman came to Muhammad and said, "My husband wants to take away from me this child even though he has brought over water for me from the well of Abu ‘Anbah and given me a lot of benefit." Muhammad replied, "Both of you can cast a lot on this." When the husband heard, he said, "Who will quarrel with me regarding this son of mine?" Muhammad said, "O son! This is your father and this is your mother; grasp the hand of the one you want to hold." The child grasped the mother's hand and she took him away. Sunnan Abu Dawood 2277

[edit] Rights and obligations as wife

Main article: Rights and obligations of spouses in Islam

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. Qur'an also emphasizes the importance of taking counsel and mutual agreement in family decisions.^[21] As in the Qur'an:

[edit] Behaviour with rebellious wives

Main article: An-Nisa, 34

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^[76] (which is normally described as mild and which doesn't leave a mark).^[77][78] As Qur'an states:

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 else. Listen! their right upon you is that you feed and clothe them in the best way [you are able to]. Sunan Ibn Maja 1841

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. Sunan Abu Dawud 11:2139

John Esposito writes that Quranic passages that talk about rights of women and counsel that they be treated justly and equitably, regulations were enacted such as the “house of obedience”, which has been misused by husbands.^[79]

[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:

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.^[80] This is also to ascertain whether a lady is pregnant or not.^[81]

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:

[edit] Polygamy

Qur'an addresses guardians of the orphans to marry the mothers of the orphans that are lawful to them if they fear that they would not be able to do justice to the onerous responsibility of protecting the rights of the orphans and taking care of their wealth and property. Men are allowed to engage in polygamy with two conditions:^[15]

1. Even for as noble an objective as the welfare of orphans, a person may not marry more than four wives at a time.
2. If a person is not able to deal justly with all four wives he should not marry more than the number he can be just with. Justice is a value that has to be maintained at all costs and cannot be sacrificed even for such a noble cause. What "dealing justly" actually consists of is determined by the man concerned.

As the Qur'an states:

Qur'an encourages wives to adjust and adapt to the situation, but in spite of the wife's efforts, if the family does not remain intact then its not her responsibility. As the Qur'an says:^[82]

In Islamic world, the polygamous marriages constitute only 1–3 % of all marriages.^[83]

[edit] Restriction of movement

Islam restricts the dignity of women to travel independently or with other women as a group.

Generally, it is impermissible for a woman to travel the distance of three days (equivalent to 48 miles) without her husband or a Mahram (unmarriageable kin) accompanying her.^[84]

[edit] Dress code

Main article: Hijab

A woman wearing a burqa in Afghanistan

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

Traditionally Muslims, Salafis particularly and others generally, believe that the garments known today as jilbab and khumūr are the very garments demanded by the Qur'an. However, Qur'an translators and commentators translate the Arabic into English words with a general meaning - such as veils, head-coverings and shawls.^[85] While some scholars argue that verses 24:30-31 teach etiquettes 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.^[15]

The British Oxford professor John Esposito writes that veil and seclusion is not a Quranic injunction rather a custom assimilated by early Islamic society from conquered Persian and Byzantine societies.^[86] He claims that "in the midst of rapid social and economic change when traditional security and support systems are increasingly eroded and replaced by the state, (...) hijab maintains that the state has failed to provide equal rights for men and women because the debate has been conducted within the Islamic framework, which provides women with equivalent rather than equal rights within the family."^[87]

Restrictive Islamic dress requirements imposed on women have necessitated the innovation of coverall swimwear attire such as the boerkini (pictured)

The toranaThe veil has become a subject of great controversy in non-Muslim countries with significant Muslim minorities, such as France and Britain, where it has been seized upon as a symbol of oppression of Muslim women and the “backwardness” of Islam. Senior British government minister Jack Straw was recently drawn into the debate after he suggested that communication with some members of the Muslim members of his constituency would be made significantly easier if they ceased covering their faces. ^[88][[2]]

Such arguments highlight the much greater significance and symbolism the veil has assumed in recent times. It can no longer be seen in purely religious terms, but is now an important aspect of a wider cultural debate that first emerged during colonial times. Writers such as Leila Ahmed and Karen Armstrong have highlighted how the veil became a symbol of resistance to colonialism, particularly in Egypt in the latter part of the 19th Century, and again today in the post-colonial period. In The Battle for God, Armstrong writes:

“The veiled woman has, over the years, become a symbol of Islamic self-assertion and a rejection of Western cultural hegemony.” ^[89]

While in Women and Gender, Ahmed states:

“…it was the discourses of the West, and specifically the discourse of colonial domination, that in the first place determined the meaning of the veil in geopolitical discourses and thereby set the terms for its emergence as a symbol of resistance.” ^[90]

The issue of the veil has thus been “hijacked” to a degree by cultural essentialists on both sides of the divide. Arguments against veiling have been co-opted, along with wider “feminist” discourse, to create a colonial “feminism” that uses questions of Muslim women’s dress amongst others to justify “patriarchal colonialism in the service of particular political ends.”^[91] Thus, efforts to improve the situation of women in Arab (and other non-Western) societies are judged purely on what they wear. Meanwhile, for Islamists, rejection of “Western” modes of dress is not enough: resistance and independence can only be demonstrated by the “wholesale affirmation of indigenous culture”^[92] – a prime example being the wearing of the veil.

[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.^[93][94][95]

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 5:59:709

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.^[93]

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 Muhammad himself.^[96] 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".^[21]

On February 20, 2007 a female Pakistani minister, Zilla Huma Usman was shot dead by a Muslim man Mohammad Sarwar who stated "I have no regrets. I just obeyed Allah’s commandment," adding that Islam did "not allow women to hold positions of leadership." ^[97]

[edit] Criticism

Main article: Criticism of Islam

Critics say Islam discriminates against women in law of inheritance and divorce. However, whether perceived injustice is according to Islamic religious doctrine or culture is disputed.

[edit] See also

• Criticism of the Qur'an
• Female Circumcision
• Gender Apartheid
• Golden Needle Sewing School
• Hijab
• Islamic feminism
• Rights and obligations of spouses in Islam
• Role of women in religion
• Sisters in Islam
• Taliban treatment of women
• Women as imams
• Women in Muslim societies
• Women in the Qur'an
• Women's Rights

[edit] References

• Juynboll (1910). Handbuch des Islamischen Gesetzes. 
• Khalil bin Ishaq. Mukhtasar tr.Guidi and Santillana (Milan, 1919). 
• Levy, Reuben (1969). The Social Structure of Islam. UK: Cambridge Univerisity Press. 

• Sachau (1897). Muhammedanisches Recht [cited extensively in Levy,R 'Social Structure of Islam']. 

[edit] Further reading

• John Esposito and Yvonne Yazbeck Haddad, Islam, Gender, and Social Change, Oxford University Press, 1997, ISBN 0-195-11357-8
• Leila Ahmed, "Women and Gender in Islam: Historical roots of a modern debate," Yale University Press, 1992
• Valentine Moghadam (ed), "Gender and National Identity".
• Nadje Al-Ali and Nicola Pratt, "Women in Iraq: Beyond the Rhetoric," Middle East Report, No. 239, Summer 2006
• Karen Armstrong, “The Battle for God: Fundamentalism in Judaism, Christianity and Islam”, London, HarperCollins/Routledge, 2001

[edit] External links

• The Noble Women Scholars of Hadeeth
• The Position of Women in Islam, online book.
• "The Liberation of Women in the Middle East" by Azam Kamguian.
• Women scholars in Islam by Khalid Abou El Fadl
• IslamicFeminism.org
• Relation of the Sexes, a lecture by Muhammad Marmaduke Pickthall in 1925
• A Sufi feminist perspective
• The status of women in Islam by a Muslim author
• Women in Islam A Salafi perspective
• How parental rights are not granted to women when it comes to divorce and children's movement Real stories
• Women in Muslim History: Traditional Perspectives and New Strategies
• Women in Islam: Quranic verses and hadith relating to women.