Women in Islam: Encyclopedia - Women in Islam

Women in Islam

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Women in Muslim society have varying roles, rights and obligations depending on the particular society they live in. In many Muslim countries women have fewer rights than men with regard to marriage, divorce, civil rights, legal status, dress code, professional lives and education.

Some Muslims feel that these restrictions are mandated by the Qur'an and sunnah, as explicated by sharia, or Islamic law. They argue that these laws are based on the divine understanding of the differences between the nature of men and women, and as such are immutable, perfect, and just.

Other Muslims say that these restrictions sometimes go beyond what is mandated by sharia, and are motivated by culture, not religion. However, they feel that the rules of sharia, liberally interpreted, should still apply.

Yet other Muslims feel that sharia, as developed by medieval scholars, is outdated and must be reinterpreted to fit the circumstances of modern life. They argue that these laws were intended to apply in the specific circumstances of the time of the prophet Muhammad, and that their intent can be defined by their contrast with the restrictions imposed on women in pre-Islamic Arabia. Muhammad set a process of liberation in motion which should be continued rather than frozen in its 7th century state. They argue that numerous verses from the Qur'an imply that men and women are equal as believers, and that these passages have precedence over more restrictive passages. (See [1] for a more extended treatment of such views.)

Women in Islam - Right to work

Islam does not prohibit women from working, though, it does emphasize the primary duty, applied to both parents, is of caring for the family and the household.

Many Muslims believe that a woman should work only if she can work without defying Islamic teachings. Often, this means that she must not do work that offends her modesty (Hijab) and chastity. In many interpretations it also means she must not work or interact with men who are not her relatives.

Many versions of Islamic law allow a husband to prevent his wife from working; some versions give the same right to her father as well. A husband may forbid his wife from leaving the house for any reason other than studying Islam.

There is no obligation on a woman to share her money with her spouse.

Women in Islam - Marriage

Islam does require a type of dowry but it is different from anthropological notions of brideprice. Islam requires that a husband make a gift, or settle money upon the bride. This is called mahr, mehr, or meher. The gift can be intangible or negligible, or it can be a valuable gift of real property or investments. The mahr may also be divided into portions, one to be given the bride at marriage, the other to be given the wife if she is widowed or divorced. The mahr can be a woman's protection against arbitrary divorce.

The details of the mahr should be specified in the marriage contract. The marriage contract can also specify where the couple will live, whether or not the first wife will allow the husband to take a second wife without her consent, whether or not the wife has the right to initiate divorce, and other such matters. The marriage contract somewhat resembles the marriage settlements once negotiated for upper-class Western brides, but can extend to non-financial matters usually ignored by marriage settlements or pre-nuptial agreements.

In practice, most Islamic marriages are contracted without a written contract, or using a "fill in the blanks" form supplied by the officiant. In such cases, custom and/or rulings by local courts based on local law governs the treatment of a divorcee or widow, and is often, in the opinion of Islamic feminists, unfair or unkind. Islamic feminists have been active in informing Muslim women of their rights under Islamic law and encouraging them to negotiate favorable contracts before marriage.

Women in Islam - Divorce

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 Shia traditions the right of divorce is preserved primarily for men, unless otherwise specified in the marriage contract, so that women can only seek divorce through court proceedings by convincing a Qadi to grant a divorce. Shi'as believe that a wife has the right to divorce but only after talking with a religious scholar and convincing him that her problem is serious -- for example, a husband who is beating her regularly. In practice divorce can be quite involved; there may be separate state proceedings to follow as well. This is the case in most of the Muslim world today. Usually, the divorced wife keeps her mahr, both the original gift and any supplementary property specified in the marriage contract. She is also given child support until the age of weaning, at which point the childs' custody will be settled by the couple or by the courts. In traditional Islamic law custody goes to the father after the child has reached a certain age.

Women were guaranteed certain rights of divorce and inheritance in Islam at an early stage, although the extent to which these rights have been exercised in practice has differed significantly from nation to nation, and from time period to time period.

A Muslim may not marry or remain married to an unbeliever of either sex (2:221, 60:10). A Muslim man may marry a woman of the People of the Book (5:5). Islamic law forbids a Muslim woman from marrying a non-Muslim man. If the man chooses to convert to Islam marriage would then be allowed.

Women in Islam - Women as clergy and religious scholars

Women are allowed to be religious scholars; however, this practice has fallen into disuse in most places, although in medieval times there were colleges devoted exclusively to women. The Hui people of China have a long tradition of female imams and the Chinese government maintains schools to train them.

Women in Islam - As national leaders

There is a disputed Sunni hadith reported by Bukhari (Sahih Bukhari, Volume 5, Book 59, Number 709) which reports that Muhammad said that a people with a female ruler will never be successful. Many traditional Muslim societies have been unwilling to allow women to rule for this reason^{[citation needed]}.

Some interpretations of Islamic law hold that women should not lead men, and thus are forbidden from working in the government. This has been a widespread view in many Muslim nations in the last century.

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. However, (Aisha is seen in a darker light by many Shi'a Muslims because she opposed Muhammad's cousin and son-in-law Ali).

There are few other historical role models for Muslim women as leaders. Razia Sultan was the short-lived third major independent Muslim ruler of the Sultanate of Delhi (India); the [Mamluk]] queen Shajarat ad-Durr ruled for some years in Egypt.

There are many more contemporary models. Indeed, many Muslim-majority coutnries have had female heads of state:

• Pakistan, headed by Benazir Bhutto
• Indonesia, headed by Megawati Sukarnoputri
• Turkey, headed by Tansu Ciller
• Bangladesh, headed by Khaleda Zia

However, all except Ciller were the daughters or widows of powerful men. Some Muslim women also hold important positions in some governments and corporations.

Women in Islam - Right to vote

Until recently most Muslim nations (and indeed most nations) were non-democratic. Today a minority of Islamists view democracy as against Islam. This view is espoused by groups such as Al-Muhajiroun, whereas more mainstream Muslims disagree, and believe it to be an evolution of the Islamic concept of Shura.

Many Muslim nations today allow their citizens to have some level of voting and control over their local government; with a few exceptions in Arabia — Kuwait and Saudi Arabia; and Lebanon which requires proof of education for women to vote — all such nations allow women to vote.

In 2005 Kuwait passed a ruling that will allow women to vote in 2007.

Women in Islam - Clothing

The Qur'an requires believers, both male and female, to dress modestly.

All those in whose presence a woman is not obliged to cover herself are called her mahrams.

Traditionally, this sura has been interpreted to mean that women should cover all but their face and hands. Men are required only to cover themselves from knee to waist. Some Islamic societies have set even stricter dress codes for women, requiring women to wear chadors or burqas that hide all but the eyes. Some Muslims criticize this as excessive, referring to Quranic verses saying that it is wrong to refrain from what is permitted by God [Qur'an 66:1]. This is usually interpreted as applying to asceticism; critics of strict dress codes are applying this to clothing as well.

Many contemporary Muslims believe that the commandment to modesty must be interpreted with regard to the surrounding society. What is considered modest, or daring, in one society may not be considered so in another. It is important, they say, for believers to wear clothing that communicates modesty and reserve in the situations in which they find themselves. [2]

Other Muslims consider the Quranic commandment, and the dress codes that Islamic scholars have derived from it, apply no matter what the circumstances.

This is a highly contentious matter, more fully discussed in Islam and clothing and Hijab.

Women in Islam - Domestic violence

According to most interpretations of Sharia (Islamic law), authorization for the husband to physically beat disobedient wives is provided only under certain conditions. First, admonishment is verbal and secondly a period of refraining from intimate relations is observed. Finally, if the husband finds the situation very serious, he may hit her:

"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, guarding the unseen as Allah has guarded; and (as to) those on whose part you fear nushûz, admonish them, and (then) leave them alone in the sleeping-places and (last) idribûhunna'(usually translated as "beat"); then if they obey you, do not seek a way against them; surely Allah is High, Great." (Qur'an 4:34 English translation: MH Shakir)

Here the Qur'an prescribes the steps to be taken in the event of nushûz. Concerning the meaning of nushûz, Dr. Ahmad Shafaat writes:

The literal meaning of the word is "rebellion". But rebellion against whom and in what sense? We should certainly not think of this in terms the rebellion of the ruled against a ruler in a sultanate or dictatorship and conclude that it consists of the wife disobeying some of the husband's commands. This is because the same word nushuz is used in case of a husband in verse 128 of the same surah 4, where it is said: "If a woman fears nushuz on her husband's part..." So nushûz is something that can be feared by the husband on the wife's part or by the wife on her husband's part. It cannot therefore be understood in terms of the ruler-ruled relationship. To correctly understand the meaning of the word, it must be noted that both in the verse under consideration and in verse 128 the reference to nushuz is followed by a reference to the break-up of the marriage (see vv. 35, 130). If this context is kept in mind, then it becomes evident that nushuz means the type of behavior on the part of the husband or the wife which is so disturbing for the other that their living together becomes difficult. ...In short, nushûz is a behavior on the part of one marriage partner which comes out of ill-will and seriously disturbs the other partner.[3]

Thus, in the case of nushûz, the Qur'an prescribes three steps. First, the husband is to admonish the wife and reason with her as to why her actions are damaging the family. Secondly, when discussion between the two fails, they are requested to start avoiding each other and remain separate. Lastly, the Qur'an prescribes idribûhunna as the final step.

The word idribûhunna (from the root daraba ضرب) has several meanings in the Qur'an. Its commonest meaning in Arabic has been rendered as "beat", "hit", "scourge", or "strike". Other meanings for daraba used in the Qur'an (though not with a human direct object) include 'to travel', 'to make a simile', 'to cover', 'to separate', and 'to go abroad', among others.

For this reason, some contemporary Muslims consider "hit" to be a misinterpretation. They argue that this verse should be translated as "admonish them, and leave them alone in the sleeping-places and separate from them."

Yet other Muslim commentators and Quranic translators feel that these translations are strained, and that the most straightforward interpretation, "hitting", should be adopted.

Certain modern translations of the Qur'an in the English language accept the commoner translation of "beat", but tone down the wording with bracketed additions.

Women in Islam - How severe a beating?

Most commentators have accepted that idribûhunna means "beat", but have imposed strict limits of the severity of the beating allowed, and have indicated that it is better NOT to beat than to beat. Furthermore, if the beating leaves bruises, the husband can be sued according to Islamic law.

The contemporary commentator Abul 'Ala Maududi makes the following comment in his Tafheem Al-Qur'an:

So far as the actual application of these measures is concerned, there should, naturally, be some correspondence between the fault and the punishment that is administered. Moreover, it is obvious that wherever a light touch can prove effective one should not resort to sterner measures. ...And even in cases where it is necessary, the Prophet (peace be upon him) directed men not to hit across the face, nor to beat severely nor to use anything that might leave marks on the body. (See Ibn Majah, 'Nikah', 3-Ed.)

The medieval jurist ash-Shafi'i, founder of one of the main schools of fiqh, commented on this verse that "hitting is permitted, but not hitting is preferable." Likewise, Ibn Kathir Ad-Damishqee records in his monumental Tafsir Al-Qur'an Al-Azim:

Muhammad Asad notes, in his translation of the Qur'an, The Message of the Qur'an:

With all this, he stipulated in his sermon on the occasion of the Farewell Pilgrimage, shortly before his death, that beating should be resorted to only if the wife "has become guilty, in an obvious manner, of immoral conduct", and that it should be done "in such a way as not to cause pain (ghayr mubarrih)"; authentic traditions to this effect are found in Muslim, Tirmidhi, Abu Da'ud, Nasa'i and Ibn Majah. On the basis of these traditions, all the authorities stress that this "beating", if resorted to at all, should be more or less symbolic – "with a toothbrush, or some such thing" (Tabari, quoting the views of scholars of the earliest times), or even "with a folded handkerchief" (Razi); and some of the greatest Muslim scholars (e.g., Ash-Shafi'i) are of the opinion that it is just barely permissible, and should preferably be avoided: and they justify this opinion by the Prophet's personal feelings with regard to this problem.

Dr. Ahmad Shafaat says:

The wife has no religious obligation to take the beating. She can ask for and get divorce any time. The suggestion applies only in the case when the husband is seriously disturbed by a prolonged nasty behavior on the part of the wife but neither he nor the wife is as yet seriously thinking of breaking up... If the husband beats a wife without respecting the limits set down by the Qur'an and Hadith, then she can take him to court and if ruled in favor has the right to apply the law of retaliation and beat the husband as he beat her.

Several hadith condemn beating one's wife.

• "How does anyone of you beat his wife as he beats the stallion camel and then embrace (sleep with) her? (Al-Bukhari, English Translation, vol. 8, Hadith 68, pp. 42-43).

• "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, Book 11, Marriage (Kitab Al-Nikah), Number 2139)".

• "Never beat God's handmaidens". (Abu Da'ud, Nasa'i, Ibn Majah, Ahmad ibn Hanbal, Ibn Hibban and Hakim, on the authority of Iyas ibn `Abd Allah; Ibn Hibban, on the authority of `Abd Allah ibn `Abbas; and Bayhaqi, on the authority of Umm Kulthum).

However, some suggest that these hadith were later abrogated, noting that on his last pilgrimage to Mecca, Muhammad is supposed to have said:

Fear Allah concerning women! Verily you have taken them on the security of Allah, and intercourse with them has been made lawful unto you by words of Allah. You too have right over them, and that they should not allow anyone to sit on your bed whom you do not like. But if they do that, you can chastise them but not severely. Their rights upon you are that you should provide them with food and clothing in a fitting manner. (Narrated in Sahih Muslim, on the authority of Jabir.) [4]

Sheikh Yusuf al-Qaradawi, head of the European Council for Fatwa and Research, says that:

"If the husband senses that feelings of disobedience and rebelliousness are rising against him in his wife, he should try his best to rectify her attitude by kind words, gentle persuasion, and reasoning with her. If this is not helpful, he should sleep apart from her, trying to awaken her agreeable feminine nature so that serenity may be restored, and she may respond to him in a harmonious fashion. If this approach fails, it is permissible for him to beat her lightly with his hands, avoiding her face and other sensitive parts. In no case should he resort to using a stick or any other instrument that might cause pain and injury. Rather, this 'beating' should be of the kind the Prophet (peace be on him) once mentioned to a disobedient maid-servant, when he said 'If it were not for the fear of retaliation on the Day of Resurrection, I would have beaten you with this miswak (tooth-cleaning twig)' [as reported by Ibn Majah, by Ibn Hibban in his Sahih, and by Ibn Sa`d in his Tabaqat]. [5].[6]

Al-Qaradawi's critics say that he should also have mentioned the verse following the verse regarding wife-beating. This verse calls for arbitration:

"And if you fear a breach between them twain (the man and his wife), appoint (two) arbitrators, one from his family and the other from her's; if they both wish for peace, Allah will cause their reconciliation. Indeed Allah is Ever All-Knower,
Well-Acquainted with all things." (Qur'an 4:35) Sura An-Nisa:35

Critics argue that the Qur'an favors arbitration over beatings; others disagree.

Women in Islam - Domestic violence among Muslims

Even though the scholars who do accept that "beating" is allowed stress that it is a last resort, discountenanced, and must be done so as not to cause injury, in practice, some Muslim men feel that the Qur'an gives them licence to beat their wives as they choose. Domestic violence is regarded as an endemic problem by officials of many Western countries with large populations of diasporic Muslims. The incidence in many Muslim-majority countries (where women hide their bruises and nothing is ever reported to authorities) is uncertain, but believed to be great by Muslim feminists. In some recent high-profile cases, Muslim women have dared to publicize their mistreatment at the hands of their husbands, in hopes that public condemnation of wife-beating will end toleration of the practice (see Rania al-Baz).

Women in Islam - Legal status

In Islamic law the legal status of women is similar to that of men, but in certain cases men have advantages. It is mentioned in the Qur'an:

"... And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. And Allah is Exalted in Power, Wise." Sura 2:228[7]

Women are entitled the right of inheritance:

"From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large,-a determinate share."Sura 4:7 [8]

But a daughter's share is half the share of a son , otherwise the share of a female heir is less than a male one :

"Allah (thus) directs you as regards your Children's (Inheritance): to the male, a portion equal to that of two females: if only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of the inheritance to each, if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased Left brothers (or sisters) the mother has a sixth. (The distribution in all cases ('s) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah; and Allah is All-knowing, Al-wise. "Sura 4: 11 [9]

This starts to make sense once one realizes the fact that a muslim male is obligated to spend part of his inheritance on his wife, children and house, while the female may keep all of it for herself, for taking care of the home finacially is solely the responsibility of the husband.

In most Muslim nations, the law of the state concering inheritence is in accordance with this law.

In Islamic law, in general, testimony of two female witnesses is considered equal to that of one male witness in terms of legal reliability :

"...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 ye choose, for witnesses, so that if one of them errs, the other can remind her..."Sura 2: 282[10]

On this basis, it is concluded that the testimony of a woman is not reliable unless it is affirmed by another woman (at least).

Today in Muslim nations, this rule is not applied as it stands, although in theory and practice, less reliance is put on female testimony.

The moral resopnsibility of men and women is considered equal, as suggested by verses like this :

"Lo! Men who surrender unto Allah, and women who surrender, and men who believe and women who believe, and men who obey and women who obey, and men who speak the truth and women who speak the truth, and men who persevere (in righteousness) and women who persevere and men who are humble and women who are humble, and men who give aims and women who give alms, and men who fast and women who fast, and men who guard their modesty and women who guard (their modesty), and men who remember Allah and women who remember-Allah hath prepared for them forgiveness and a vast reward." Sura 33:35[11]

But some Islamic laws concerning murder and injury deal with women separately, there is a verse in this connection :

"O ye who believe! the law of equality is prescribed to you in cases of murder: the free for the free, the slave for the slave, the woman for the woman. But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude, this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty."Sura 2:178 [12]

This verse is referred to in connection with the legal concept of diyah, which is roughly the financial compensation for an injury or murder [13].In Shari'ah , the diyah paid in compesation of an injury done to a woman is usually half the diyah paid for a similar injury done to a man. It should noted that diya usually applies only to un-intentional injuries and manslaughter.

These laws of shari'a are practiced in some Muslim nations. Their application has been considered a violation of human rights. [14]

It is sometimes argued that these laws unfair as they might seem at first ensure justice because positions of men and women are different in Islam. In this regard, the differences between the concepts of gender equity and gender equality are emphasized.[15]

Women in Islam - Honor killings

Due to the prevalance of honor killings in some Muslim societies, "Honor killings" are often identified with Islam, with some writers asserting that they are part of Islamic teaching. However, many Muslim scholars and commentators say that honor killings are a cultural practice which is neither exclusive to, nor universal within, the Islamic world. Such killings take place within a few Muslim communities around the Mediterranean as well as in Brazil, Sweden, the United Kingdom, the Punjab in India (see http://www.dfn.org/articles/currentevents/asia/HonorKillings.html), and non-Muslim parts of West Africa. On the other hand, the practice is unknown in Indonesia, the world's largest Islamic country.

The stated reason for honor killings is the belief that the woman had caused the clan or family to lose honor by her alleged sexual activity and therefore deserved to be killed. Islamic teaching holds that life is given by Allah and should not be taken lightly, but it allows severe punishment, up to and including capital punishment, for certain kinds of crime; these include, in strict interpretations, all extramarital sexual relations by both men and women — though only adulterers may be punished with death. The interpretation and application of these laws relating to marriage and chastity has varied in different eras and places. (See Islamic view of marriage)

Women in Islam - Women as prisoners of war or as slaves

The term "what your right hands possess", Ma malakat aymanukum, occurs 14 times in the Qur'an. It is most often used with reference to women, but may be applied to both sexes. The term usually refers to prisoners of war, or may more broadly refer to slaves in general, according to the usual tafsirs (eg Ibn Kathir.) Most muslims believe that what these verses state should not be applied today. The arguments range from simply ethical and social to strictly jurisprudential.

Women in Islam - The effect of Islamism

The nebulous revivalist movement termed Islamism is one of the most dynamic movements within Islam in the 20th and 21st centuries. Islamists tend to minimize the role of women in some aspects of civil life, although in the longest-standing Islamist state - Iran - women legislators are included in the Majlis, and women comprise 60% of university students.[16]

Women in Islam - Taliban

In Taliban-controlled Afghanistan, only the Taliban's version of Islam was permitted. The Taliban prevented women from working, and they sharply restricted the education of girls. Women were also denied hospital treatment to prevent their exposure to male hospital staffers and doctors.

Taliban religion minister, Al-Haj Maulwi Qalamuddin, told the New York Times that "To a country on fire, the world wants to give a match. Why is there such concern about women? Bread costs too much. There is no work. Even boys are not going to school. And yet all I hear about are women. Where was the world when men here were violating any woman they wanted?"

Although the Taliban claimed that the education of girls in rural Afghanistan was increasing, a UNESCO report stated that there was "a whopping 65 per cent drop in their enrollment. In schools run by the Directorate of Education, only 1 per cent of the pupils are girls. The percentage of female teachers, too, has slid from 59.2 per cent in 1990 to 13.5 per cent in 1999." To almost all Muslims in the world, Taliban regime was considered no more than a sect and was not recognized by most Muslim nations. Most Muslims believe that Taliban damaged the true Islamic faith image with their ultra-strict acts that are nowhere to be found in true Islamic teachings.

Women in Islam - The effect of feminism on Islam

All the mainstream denominations of Islam allow Muslim women to be recognized as religious scholars (at least in theory), but not to lead mixed prayers, i.e. be imams, or deliver Friday sermons.In practice, despite Aisha's example, few female religious scholars exist. This state of affairs is considered unsatisfactory by liberal movements within Islam (among others), which have attempted to bring about feminist reforms.

See also

• Islam
• Women as imams
• Islamic feminism
• Golden Needle Sewing School
• Taliban treatment of women
• Revolutionary Association of the Women of Afghanistan

Adapted from the Wikipedia article "Women in Islam", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki