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Women
had practically no rights in the ancient and medieval
civilizations like that of Greeks, Romans, Hebrews, early
Christians, Hindus, Chinese and Pagan Arabs. Before the advent of
Islam, the women were no better than animals or chattels. In many
countries of the world they were generally regarded as slaves or
at the best as domestic servants whose chief duty was to serve the
men and please them by satisfying their sexual appetite. Like a
piece of property, a woman was a marketable commodity and subject
of testamentary disposition. The philosophers of antiquity for
quite some time remained engaged in interesting debates over
issues like: Whether a woman is a human being? Whether she
possesses a human soul? etc. In the matters of marriage, divorce,
ownership of property, inheritance, etc. the women were given
hardly any rights. Polygamy was common in almost all societies
with no restrictions as to the number of wives a man could have at
a time. Birth of a daughter was considered a bad omen and a matter
of shame in a family particularly among the pagan Arabs who
preferred to dispose her by burying her alive. Such was the
miserable plight of women at the time of the birth of Prophet
Muhammad (PBUH).
Islam
elevated the status of women from the level of a mere chattel to
the level of a human being. Al-Qur’an, the revealed book of Islam,
declares that man and woman proceed from the same stock, they are
the members of the same species, and they are born of the same
parents. The Qur’an invariably calls man and woman as spouses of
each other, companions and helpmates. Besides restoring her human
dignity, Islam bestowed on the woman many rights in almost every
field of human life. In terms of rights and status, what the
modern western woman has achieved today by hectic struggle through
agitations, demonstrations, processions, strikes and violent
means, is nothing as compared to the rights Islam gave her
fourteen centuries earlier without her asking or demanding for
them.
Let
us see as to what are the rights which the great religion,
Al-Islam, has bestowed on woman in her various positions and in
various fields.
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Rights as a mother
In
the position of a mother, a woman enjoys unique status of honour
and respect in the Islamic society. Mother is the focus of
attention for all the members of the family in a Muslim home and
her opinions carry a lot of weight in all family matters. Apart
from respect and esteem, a mother enjoys many legal rights. She is
entitled to receive share in inheritance from her children and in
case she does not posses any adequate means of livelihood her
children are obliged by Islamic Shariah to provide her maintenance
according to means.
The
Qur’an in its verse 36 of Chapter 4 and 23 and 24 of chapter 17
places duty to parents only next in priority after duty to God,
the Almighty. Among parents, mother’s place in respect of
obedience has been elevated much above that of father because the
mother shares the major portion of privation and suffering in the
bringing up of children. The Qur’an points to this fact in verse
14 of Chapter 31 and verse 15 of Chapter 46. Prophet of Islam has
assigned status to a mother at least three times higher than that
of a father and is reported to have said that Paradise is at her
feet.
Let
us quote some verses of the Qur’an and some traditions of Prophet
Muhammad (PBUH) in support of the above contentions:
-
Thy Lord hath decreed that ye worship none save
Him, and (that ye show) kindness to parents. If one of them or
both of them attain to old age with thee, say not “Fie” unto them
nor repulse them, but speak unto them a gracious word. And lower
unto them the wing of submission through mercy, and say: My Lord!
Have mercy on them both as they did care for me when I was
little….. (Al-Qur’an 17:23-24)
-
And We have enjoined upon man concerning his
parents. His mother beareth him in weakness upon weakness, and his
weaning is in two years- Give thanks unto Me and unto thy parents.
Unto Me is the journeying. (Al-Qur’an 31:14)
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Muawiyah-b-Ja’hemah reported that Ja’hemah came to
the Messenger of Allah and said: I intend to join a battle and
have come to you for consultation. He enquired: have you got
mother? ‘Yes’ replied he, He said: Then keep near her, because
Paradise is at her feet. (Ahmad, Nisai, Baihaqi)
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Bahaj-b-Hakim reported from his father who from his
grandfather who had reported: I asked: O Messenger of Allah! who
is to be most obeyed? He said: Your mother. I asked: Who is next?
He said: Your mother. I asked: Who is next? He said: Your mother.
I asked: who is next? He said: Your father; and then your nearer
relations and then your near relations (Tirmizi, Abu Daud)
-
Mugirah reported that the Messenger of Allah said:
Allah made unlawful to you disobedience to mothers, burying alive
of daughters, and refusing help. And he disliked for you frivolous
gossips, frequent questions and squandering property. (Bukhari,
Muslim)
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Rights as a wife
Islam
for the first time in the history of humankind on earth, raised
the status of a woman from a mere chattel owned and possessed and
enjoyed like any other object of property to the status of a human
being. Allah has created everything in pairs and man and woman
form a pair. The Qur’an says: “And Allah has made for mates of
your own nature, and made for you out of them, sons and
daughters….” (16:72). God has created relationship of love and
affection between these two members of a human pair and the Qur’an
calls a wife as a tilth of her husband because husbands are
blessed with children through them. At another place the Holy book
of Islam emphasizes the close relationship between husband and
wife by calling them garments of each other. It says: “Permitted
to you on the night of fasts is the approach to your wives. They
are your garments and ye are their garments….” (2:187)
The
Qur’an therefore enjoins upon the believers to accord good and
kind treatment to their women. The relevant injunction is: “Treat
them kindly, if you hate them it may be that you dislike a thing
while Allah has placed abundant good in it” (4:19). The Prophet of
Islam is reported to have said: “Let no believing man hate a
believing woman.; If he hates one trait of her character, he shall
be pleased with another that is within her” – (Muslim). According
to another tradition reported by Abu Hurairah, the Messenger of
Allah said: “The most perfect of the believers in faith is he who
is the best of them in conduct, and the best of you are those who
are the best to their wives” (Tirmizi). A virtuous wife is a
great blessing and a favour of God, and the Prophet of Islam has
said: “Next to fear of Allah the believer finds nothing good for
him than virtuous wife. If he bids her, she obeys him; if he looks
at her she gives him pleasure; if he gives her a promise, she
fulfills it, and if he is absent from her, she guards herself and
his property. (Ibn Majah).
The
woman enjoys many rights in Islam. The Qur’an the revealed book of
Islam says: “And woman shall have rights similar to the rights
against them, according to what is equitable……”(2:228). Her rights
as a wife regarding, marriage, dower, divorce, inheritance,
maintenance, etc. have been guaranteed by Islam. These rights are
briefly stated as follows:
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Marriage, according to Islamic law, is a contract
between husband and wife and wife is an equal partner in this
contract. No marriage can be contracted without free will and
consent of the bride. She can have her conditions and terms
settled in the contract of marriage and the husband would be
legally bound to honour and fulfil the stipulated terms of the
agreement.
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She has got absolute rights to get dower (Mahr)
from her husband. Dower is a bridal gift which may be in cash or
in kind. No maximum or minimum limit has been prescribed in
respect of quantum of dower. However it is an essential part of
marriage contract and is payable compulsorily by the husband to
his wife.
-
A wife has got certain legal protections in respect
of capricious and arbitrary use of her husband’s power of divorce.
In troublesome situations, she is entitled to get divorce through
the court on some legal grounds. She can get khula (a kind of
divorce) by surrendering a part or whole of her dower (Mahr) to
her husband. She can exercise power of divorce herself if she has
secured this power at the time of entering into the contract of
marriage.
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A wife is one of the legal heirs of her husband and
after the death of the latter she is entitled to inheritance in
the estate of the deceased. The Qur’an says: “….. And unto them
belongeth the fourth of that which ye leave if you have no child,
but if ye have a child then the eighth of that which ye leave……
(4:12)
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A wife is entitled to get maintenance from her
husband such as food, clothing and residential place, besides love
and good treatment. Following Hadith (tradition) of the Prophet of
Islam stresses
the rights of women regarding food, clothing and
human treatment:-
Hakim-b-Muawiyah from his father reported: I asked: O Messenger of
Allah! what right has the wife of one among us got over him? He
said it is that you shall give her food when you have taken your
food, that you shall clothe her when you have clothed yourself,
that you shall not slap her on the face, nor revile (her), nor
leave (her) alone except within the house. (Ahmad, Abu Daud, Ibn
Majah)
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Rights as a daughter
The
Qur’an in the verses 58 and 59 of its chapter 16, draws a very
vivid picture of the pagan Arabs on the birth of a daughter. It
reads: “When news is brought to one of them, of (the birth of) a
female (child), his face darkens, and he is filled with inward
grief! With shame does he hide himself from his people, because of
the bad news he has had! Shall he retain it on (sufferance and)
contempt, or bury it in the dust? Ah! What an evil (choice) they
decide on!-“ (16:58-59). As the practice of killing female
children and burying them alive is evil and very much inhuman, the
Qur’an not only condemned it but also abolished it. The Qur’an
says: “Kill not your children for fear of want: We shall provide
sustenance for them as well as for you: Verily the killing of them
is a great sin-“(17:31). Slaying of daughters is such a heinous
crime that on the Day of Judgment, Almighty God will not like even
to talk to a murderer of female children. Evidence of the
girl-child who was buried alive would be sufficient for punishing
the killer.
Prophet Muhammad (peace be upon him) raised the status of
daughters by promising high reward for those in the Hereafter who
accord kind treatment to them, and also by setting good example
of his own good treatment with his daughters. Following Ahadith of
the Prophet (PBUH) are quoted on the subject of treatment of
daughters:
-
Ibn Abbas reported that the Holy Prophet said: If
one brings up three daughters or sisters, teaches them good
manners and treats them kindly and lovingly till they no longer
need his help, Allah will make Paradise obligatory for him. One
man said: that if he has two? He replied: And he also. Ibn Abbas
said that if the people had enquired about one, the Prophet would
have said the same thing. (Sharai Sunnah)
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Ayesha reported: A woman came to me, while there
were two of her daughters with her. She was begging of me, but
found nothing from me except one date which I gave her. She
divided it between her two daughters and she herself did take
nothing out of it. Then she got up and went away. The Holy Prophet
came and I informed him (of it). He said: Whoever suffers for any
thing on account of these daughters and (still) treats them with
kindness, they will be a shield for him from Hell. (Bukhari and
Muslim)
-
Ibn Abbas reported that the Messenger of Allah
said: If anybody has got a female child, and he does neither bury
her alive, nor treats her unjustly, nor prefers his children
(meaning male children) to her, Allah will admit him in
Paradise. (Abu Daud)
-
Soraqa-b-Malik reported that the Holy Prophet said:
Shall I not teach you the best form of charity? – (Maintaining)
your daughter who has been returned to you, who has got no earning
member except you. (Ibn Majah)
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Ayesha reported: I have seen none more resembling
in manners, guidance and conduct (in another narration-in talk and
speech) of the Holy Prophet than Fatimah. Whenever she came to
him, he used to stand up for her and then take her by the hand,
kissed her and would make her sit in his seat. (Abu Daud)
The
daughters are entitled to share the estate left by their deceased
father or mother alongwith other legal heirs. The Qur’an commands:
“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. (4:11)
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Rights as a sister
Islam
assigns an honourable status to a woman in her position as a
sister. She is entitled to as good a treatment from her parents as
her brothers are. According to an authentic tradition reported in
Abu Daud, the Prophet of Islam has exhorted his followers not to
discriminate between their male and female children and give the
children equal treatment in love and material things as far as
possible. In case of death of parents or the disability or old age
of parents, the responsibility of bringing up sisters and
providing for their living devolves upon their brothers. Prophet
Muhammad (peace be upon him) has urged the Muslims to bring up
their sisters, teach them good manners and accord them kind
treatment. Following tradition throws light on this issue:
Ibn Abbas reported that the Holy Prophet said: If
one brings up three daughters or sisters, teaches them good
manners and treats them kindly and lovingly till they no longer
need his help, Allah will make Paradise obligatory for him. One
man said: What if he has two?; He replied: And he also. Ibn Abbas
said that if the people had enquired about one, the Prophet would
have said the same thing. (Sharai Sunnah).
According to the Qur’an, the sister is entitled to receive share
in inheritance if the deceased leaves no parents and no child.
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Rights regarding marriage
Rights conferred on a Muslim woman pertaining to marriage are
discussed in the light of the Qur’an and the Sunnah of the Prophet
(PBUH) as under:-
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A woman has got as much right to marry as a man
has. The Qur’an says. “Marry those among you who are
single”-(24:32). The Arabic word Ayyama’ means single or solitary.
A single person, may be a man or a woman, should be married. He or
she may be single on account of having not married or on account
of dissolution of his or her marriage by divorce or by death of
the other spouse. Whatever may be the reason for being single, he
or she may be married.
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The woman has been granted as much freedom in the
choice of her husband as the man has been granted in choosing his
wife. Nobody has any right to give her away in marriage without
her consent. A tradition reported by Abu Hurairah in Bukhari and
Muslim states that the Prophet (May Allah’s peace be upon him)
said: “A previously married woman (whose marriage is dissolved)
shall not be married till she gives consent nor a virgin be
married till her consent is sought….. and her silence is her
consent.” No compulsion or coercion can be exercised to force a
woman into marriage.
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A minor girl, when given in marriage by her
guardian, has the option to repudiate the marriage when she
attains puberty if such a marriage is to her disliking. The
Prophet of Islam annulled the marriage of a girl who had been
given in marriage by her father, since she disliked it (Bukhari).
However, repudiation must be made immediately after she attains
puberty and before cohabiting with the husband.
-
Islam, unlike some other religions such as
Hinduism, permits a divorcee or a widow to remarry. Al-Qur’an
says: “And when you have divorced women and they reach their term,
place not difficulties in the way of their marrying their
husbands” (2:232). About the widow’s right of second marriage the
Qur’an says, “When they have fulfilled their term, there is no
blame on you if they dispose of themselves in a just and
reasonable manner-“ (2:234). According to a Tradition reported in
Bukhari, Prophet Muhammad (May Allah’s peace be upon him)
permitted a widow Sobaiata-al-Aslamiyah to contract second
marriage.
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Some other reforms introduced by Islam regarding
marriage (which redeem the position of women) are as under:-
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System of exchange marriages, bride purchase and
bride capture was abolished by Islam.
-
No Jahez or dowry is to be given by the family of
the bride under compulsion. On the other hand the husband has to
give Mahr or dower to the wife compulsorily.
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It is not obligatory on the family of the bride to
provide luxurious feasts or meals to the groom and his party. On
the other hand, it is obligatory on the bridegroom to host a feast
for his friends and relations to celebrate his marriage.
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Rights regarding dower
Dower
(Mahr) is gift in cash or in the form of property which is
compulsorily given by a Muslim bridegroom to his bride in
consideration of marriage. Dower is essential in marriage, so much
so that in case it is not fixed, even then the wife is entitled to
its payment according to the standard in the family. Wife has the
right to remit the dower or to accept the reduced amount or to
postpone her demand for its payment.
The
object of dower is three-fold. Firstly, it would be a check on the
arbitrary exercise of the power of divorce by the husband.
Secondly, it would restrain the husband to indulge in polygamy.
Thirdly, it would work as an obligation imposed upon the husband
as a mark of respect to the wife.
The
amount of dower which the bridegroom has to give to his bride has
not been fixed by the Qur’an or the Sunnah. It depends entirely on
the agreement of the contracting parties. The Qur’an says:”….. The
wealthy according to his means and the poor according to his
means; a gift of a reasonable amount is due from those who wish to
do the right things”-(2:236). Neither there is any minimum nor any
maximum limit of dower which has been prescribed under Islamic
law. Muslim women generally demand very heavy amounts of dower and
the Islamic law does not circumscribe this right of a Muslim
woman. Caliph Umar once thought of fixing the upper limit of dower
when he received many complaints from men regarding huge amounts
of dower demanded from them which had made marriage a very
expensive affair. However,
he dropped the idea when a lady stood up in the mosque and drew
his attention to verse 20 of chapter 4 of the Holy Qur’an and
addressed the great caliph thus: “when no restriction has been
placed by Allah and Allah’s messenger on this right of women then
who are you to place restriction?” The said verse of the Qur’an
reads: “But if ye decide to take one wife in place of another,
even if ye had given the latter a whole treasure for dower, take
not the least bit of it back” –(4:20). From this verse the jurists
of Islam have deduced that the right of a woman to demand any
amount of dower as a condition of her agreeing to marriage is not
restricted by the Islamic Law.
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Rights regarding divorce
Marriage, according to Islam, is not sacerdotal. It is a civil
contract and it can be broken at the option of either of the
parties to contract i.e. the husband or the wife. Although the
divorce, which according to a saying of Prophet Muhammad (PBUH),
is the most detestable of lawful things near Allah, yet Islam
permits divorce in extraordinary situations when it is not
possible for the husband and the wife to live together. The
procedure of divorce as laid down by the Qur’an and the Sunnah is,
however, spread over a period of almost three months, during which
the husband has a right to revoke the divorce. It has been done
with a view to check hasty or rash or an arbitrary action on the
part of the husband and also to leave the door open for the
parties to patch up during the period. Fantastic amounts of dower
fixed at the time of marriage contract are also aimed at
restricting the capricious exercise of power of divorce vested in
a Muslim husband.
Al-Qur’an has given the right of obtaining divorce to a wife if
she agrees to pay some consideration or compensation. This is
called Khula. If the husband and wife are not able to keep the
limits of Allah and they agree to dissolve the marriage on the
condition that the wife gives some compensation, it would be
permitted under the law (The Qur’an 2:229). The jurists are
generally of the opinion that such compensation should not exceed
the dower given by the husband to the wife. So it is a kind of
facility provided to the woman to secure divorce from her husband
by returning a part of or full amount of the bridal gift or Mahr.
Islamic law permits a woman to secure right of divorce for herself
as a stipulation of marriage when marriage contract is made. In
that case she can exercise her right of divorce if she is forced
by the situation to do so.
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Rights regarding maintenance
The
meaning of “Nafqah”, which is the Arabic equivalent of
“maintenance”, is what a person spends on his family. Maintenance
includes food, clothing and lodging.
The
husband is bound to maintain his wife. Her right to receive
maintenance is absolute even if she is very rich and owns a lot of
property. If the husband is poor and the wife supports the family,
she is entitled to recover the amount expended by her from the
husband when he is in easy circumstances. Dr. Hamidullah writes:
“The notion of the maintenance goes so far in Islam that,
according to the law, a wife is not obliged even to give her
breast to suckling; it is the duty of the father of the child to
procure for it a foster mother at his own expense, if the mother
does not want to suckle it.”
No
scale or standard has been fixed for maintenance by the Qur’an or
by the Sunnah. However, lot of guidance has been provided to
determine it in the given circumstance. The Qur’an says: “No one
should be charged beyond one’s capacity” (2:233). At another
place, the Qur’an directs: “Provide for them, the rich according
to his means and the straitened according to his means, a fair
provision “–(2:236). The same principle has been further
elaborated when the Qur’an says: “Let the man of means spend
according to his means; and the man whose resources are
restricted, let him spend according to what Allah has given
him”-(65:7) These are some of the verses which highlight the
guiding principles regarding the determination of the quantum of
maintenance. The rich according to his means and the poor
according to his means and nobody to be charged beyond his
capacity —this is the golden rule.
In
addition to her entitlement as wife, a woman is also entitled to
maintenance in her position as mother, daughter (after marriage)
and sister in some compelling and exceptional situations.
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Rights regarding inheritance
No
woman had the right to inherit in pre-Islamic Arabia and only the
male adults who could take up arms in a war had the right to
inherit the estate. Islam conferred the rights of inheritance upon
the woman in Arabia for the first time. The Qur’an says: “Unto the
men (of a family) belongeth a share of that which parents and near
kindred leave, and unto the women a share of that which parents
and near kindred leave, whether it be little or much a legal
share” (4:7). Verses No 11, 12 and 176 of chapter 4 of the Qur’an
elaborate the Islamic law of inheritance in detail discussing the
shares of the legal heirs. According to the Qur’anic law, a woman
is entitled to share the inheritance in different capacities as a
daughter, mother, wife and a sister, etc. However, it is to be
noted that her share is generally half that of a male in her own
category. So an explanation of this inequality is necessary.
Islam
has placed the responsibility of earning livelihood for the family
on the shoulders of the male members while the females have been
exempted from this burden. A woman when she is unmarried lives
with her parents and her father is responsible for providing all
her expenses and in case of the death of her father, her brothers
become responsible for her maintenance and also for meeting her
marriage expenses. After marriage she is entitled to maintenance
from her husband. In addition to food, clothing and residence, all
her expenses are met by her husband. If the husband is poor and
she spends out of her personal property for her family, she is
entitled to get it back from her husband when the latter is in
easy circumstances. Besides maintenance, the woman is also
entitled to receive dower and she can demand any amount of dower
while entering into a marriage contract. Amounts of dower are
normally fantastic in Muslim marriages and the contracted dower,
how much it may be, has to be paid by the husband and in case of
his death, from his estate as a debt. In old age also the
entitlement of the woman for maintenance continues and if her
husband dies and she is unable to live on her share of the estate
of the deceased, she can claim maintenance from her children. Thus
it is seen that a woman has practically very few material needs to
satisfy on her own account as compared with a man who has been
saddled with very heavy economic obligations and liabilities. In
this situation there is ample justification for giving a man
greater share in inheritance.
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Rights regarding property
Islam
does not make distinction between man and woman so far as their
rights of property are concerned. The women enjoy equal rights in
this field and their position is in no way inferior to that of
men. Like a man, the woman can acquire property through
inheritance, through will, through gift, or through purchase from
her own earnings. She has an additional right to acquire property
which is not available to man i.e. through Mahr or dower which she
is entitled to receive from her husband.
She
can own the property, possess it, manage it and enjoy its income.
Over her property she has the exclusive and absolute rights. Her
father, her husband or her brother or her children have no legal
right over her property.
She
has got full right regarding the alienation of her property. She
can dispose it of by sale, transfer or settlement. She can gift it
away to her husband, children or anybody. She can arrange for its
disposal (upto one third of it) through will. Aftab Hussain J, the
author of “The Status of Women in Islam”, writes: “As summed up in
the Age of Faith by Will Durant, Islam placed woman and man on the
same footing in economic independence, property rights and legal
process. She might follow any legitimate profession, keep her
earnings,; inherit property and dispose of her belonging at will.”
At another place, he writes: “Marriage confers no right on either
party over the property of the other. The legal capacity of the
wife is not sunk in that of the husband; she retains the same
powers of using and disposing of her property, or of entering into
all contracts regarding it, of suing and being sued without his
consent, as if she were still unmarried.”
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Rights to earn livelihood
Earning of livelihood for the family is basically a duty of the
man. Islamic law makes the man responsible for providing bread and
butter for his wife and children and for meeting their expenses.
However, there may arise situations where the women have also to
work for earning livelihood. So the Qur’an does not debar them
from working. This right of earning income through lawful (Halal)
means is granted to a woman by the Revealed Book when it says:
“….. to men is allotted what they earn, and to women what they
earn” – (4:32). Earning signifies the reward of good deeds in the
next world as well as earning of provision for the family in this
world.
According to some authentic Traditions of Prophet Muhammad (may
Allah’s peace be upon him), he permitted the women to earn for
themselves and for their family if needed. A Hadith quoted in
Sahih Muslim states that the Prophet permitted a woman who had
been divorced, to visit her garden and take her fruit. According
to another Hadith reported by Umme Atiyyah, the Prophet allowed
the women to render services in Jihad like preparing of food,
nursing the wounded etc. From this we can conclude that the women
can adopt the profession of a nurse and of a doctor.
Hadrat Saudah, the wife of the Prophet (PBUH), was skilled in
tanning the skins of the animals and used to make a considerable
amount of earning from this vocation. Abdullah-bin-Mas’ud was
mostly engaged in religious work and had no time to earn for the
family. So his wife used to work as artisan to earn livelihood for
the family. When the Prophet came to know about it, he assured her
reward for this in the Hereafter. Khaulah-binet-Thalabah also used
to meet the needs of her husband who was a poor man and earned
nothing and she told this thing to the Prophet. A lady named
Qailah was a trader and bought and sold goods. Once she met the
Prophet and asked him some questions about trade. It is also
narrated about Asma-b-Makhramah that she received perfumes from
her son in Yemen and sold them.
There
are many other examples reported in the books of history which
establish that the women used to work in the days of the Prophet
to support their families and the Prophet never objected to their
such engagements. Therefore, we can conclude that the Muslim women
can engage themselves in lawful professions to earn income for
supporting their families in case of need provided they observe
the rules regarding their proper dress
when they come out of their homes.
Dr.
Hamidullah writes: “In every epoch of Islamic history, including
the time of the Prophet, one sees Muslim women engaged in every
profession that suited them. They worked as nurses, teachers, and
even as combatants by the side of men when necessary, in addition
to being singers, hair-dressers, etc. Caliph Umar employed a lady,
Shifa-bint-Abdullah, as inspector in the market at the capital (Madinah),
as Ibn Hajar (Isabah) records. The same lady had taught Hafsah,
wife of the Prophet, how to write and read. The jurists admit the
possibility of women being appointed as judges of tribunals and
there are several examples of the kind. In brief, far from
becoming a parasite, a woman could collaborate with men, in Muslim
society, to earn her livelihood and to develop her talents.”
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Protection of her rights in case of husband’s polygamy
The
Holy Qur’an, as it has been discussed earlier, gives right to a
man, by its verse 3 of chapter 4, to marry up to maximum number of
four women at a time. However, in this very verse some
restrictions have also been placed on the exercise of this right
by a man. The husband is obliged to do justice (‘Adl’) with all
the wives and if he cannot do it then he is advised to marry only
one.
‘Adl’
or justice used in this verse has not been defined. However all
the commentators of the Qur’an unanimously hold that justice in
this verse means equality of treatment in food, clothing and
lodgement. But some mu’tazilite doctors consider that in addition
to food, clothing and lodging there must be equal treatment in
love and affection also.
Thus
the concept of justice protects the rights of a wife in case of
multiple marriages of her husband. Besides this a Muslim woman is
also permitted by Islamic law to put a stipulation in marriage
contract that her husband would not take another wife and if he
does so then she would be entitled to get divorce or to get a
stipulated sum or property from the husband.
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Rights to participate in socio-political life
Right
of a Muslim woman to participate in socio-political life of the
Muslim community in an Islamic State are briefly discussed in the
light of the Qur’an and the Sunnah as under:
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According to verse 71 of chapter 9 of the Qur’an,
the Muslim men and women are friends and helpers of each other.
They are severally and jointly responsible for enjoining the right
and forbidding the wrong, and for establishing worship and paying
Zakat. To cooperate with each other for the good of the community
and to protect their common interests, is the duty of Muslim men
and women. They can form political or social organizations for
protection of their religious, social and political rights and for
promotion and advancement of Islamic values regarding
socio-economic and legal justice.
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One of the attributes of the believers, according
to the Qur’an (42:38), is that their affairs are a matter of
counsel. The believers, men as well as women, have equal rights to
participate, to discuss and decide their matters regarding social,
public and political issues. In the matters where the Prophet of
Islam did not receive any guidance from Allah through revelation,
he used to consult his companions. Matters regarding Jihad, social
or political life of the community were decided with mutual
consultations by the Prophet (may Allah’s peace be upon him). Men
and women both were consulted and many such incidents have been
reported in the compilations of Ahadith and books of Islamic
history. When the Treaty of Hudaibiyah was signed with the Quraish
and the depressed and disappointed companions were reluctant to
sacrifice their animals, the Prophet (PBUH) consulted his wife
Umme Salamah. On her advice, he offered his own sacrifice which
had a salutary effect and adduced the response of the companions
who followed suit. Once Caliph Umar wanted to fix the maximum
amount of dower, but he dropped the idea on the advice of a woman
who drew the attention of the caliph to verse 20 of chapter 4 of
the Qur’an. The righteous Caliphs used to consult the wives of the
Prophet (peace be upon him) and other eminent female scholars on
many important issues of public interest.
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This idea of mutual consultation led to the
establishment of Shura or consultative body in the early days of
Islam and right of vote, election of representatives,
establishment of parliaments and election of the heads of Islamic
republics in modern times. The women have equal rights with the
men to elect their representatives and contest elections and seek
for public offices.
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Women and scarf (purdah or veil)
Islam
requires the believers, both men and women, to lower their gaze
and guard their modesty. However, for women the fulfillment of
certain additional responsibilities in the matter of dress,
adornment, etc., is required. The Qur’an says:
Tell
the believing men to lower their gaze and be modest. That is purer
for them. Lo! Allah is Aware of what they do. And tell the
believing women to lower their gaze and be modest, and to display
of their adornment only that which is apparent, and to draw their
veils over their bosoms, and not to reveal their adornment save to
their own husbands or fathers or husbands’ fathers, or their sons
or their husbands’ sons, or their brothers or their brothers’ sons
or sisters’ sons, or their women, or their slaves, or male
attendants who lack vigour, or children who know naught of women’s
nakedness. And let them not stamp their feet so as to reveal what
they hide of their adornment. And turn unto Allah together, O
believers, in order that ye may succeed. (24:An-Nur:30-31)
When
the women come in the presence of men or they come out of their
homes, they are required to act upon the following rules:
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The believing women should lower their gaze and
should not intentionally gaze at men or at the satar (private
parts) of others or at the indecent scenes.
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They should be modest, protect their chastity and
guard their private parts. Guarding of private parts means to
avoid exposing their private parts or satar. Satar of a woman is
the entire body except her face and hands.
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The women should not display their adornment except
that which is displayed of itself. Adornment means ornamentation
and decoration and, to use the modern terminology, make-up. The
women have been prohibited to display their make-up except that
which is apparent and which is beyond their control to hide. It
means that they cannot intentionally display their adornment
except that which becomes exposed without any intention or purpose
on their part.
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The Women should draw their veils on their bosoms.
It means the women should cover their bosom properly with a
wrapper and should not keep exposed any part thereof.
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The women should not reveal their adornment except
before the following:
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Men who are their husbands or close
relations within prohibited degrees like fathers, brothers, sons,
etc.
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Slaves or male servants who are not
interested in sex matters.
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Children below age of puberty who
have no knowledge of sex.
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Their female associates.
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The
women
should not stamp their feet on the ground so as to reveal their
hidden adornment. Therefore, the sound of ornaments should not be
audible.
The
most important requirement that the women are obligated to observe
in their dress code, when they step out of their homes, is
contained in verse 59 of Surah (chapter) 33 of the Qur’an which
reads: “O Prophet! Tell thy wives and thy daughters and the women
of the believers to draw their cloaks close round them (when they
go abroad). That will be better, that so they may be recognised
and not annoyed. Allah is ever Forgiving, Merciful.” It commands
the women to draw their cloaks close round them when they go
aboard. The purpose of this injunction has been disclosed in the
latter part of this verse: “So that they may be recognized as
decent and noble ladies and not annoyed being taken as women of
ill repute.” A lot of heat has been generated about the
interpretation of this verse. The orthodox opinion is that the
word ‘Jalbab’ means veil and it should cover the
whole body including face and the
hands. But
the liberal commentators interpret it to mean that the women
should wrap up their gowns or outer garments covering their heads,
necks and bosoms but not faces and hands.
Verse
60 of chapter 24 of the Holy Qur’an relaxes the conditions
regarding veil in respect of the old women who are past the
prospect of marriage and are no longer capable of exciting the
passions of men. According to the verse, it is no sin for them if
they discard their outer clothing in such a way as not to display
or exhibit their adornment or make-up. However this permission
cannot be used by those women who still have sexual desires or who
want to attract others by displaying their embellishments.
Let
us reproduce a tradition of Prophet Muhammad which clarifies the
Qur’anic injunctions regarding veil (purdah): Ayesha reported that
Asma’a daughter of Abu Bakr came to the Messenger of Allah while
there were thin clothes on her. He approached her and said: O
Asma’a! when a girl reaches the menstrual time, it is not proper
that anything on her should remain exposed except this and this.
He hinted on her face and palms. (Abu Daud)
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