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GENDER EQUITY IN
ISLAM
Jamal A.
Badawi, Ph.D.
World Assembly
of Muslim Youth
WAMY Studies on Islam
I.
Introduction & Methodology
When dealing with the Islamic perspective of any topic, there should
be a clear distinction between the normative teachings of Islam and the
diverse cultural practices among Muslims, which may or may not be
consistent with them. The focus of this paper is the normative teachings
of Islam as the criteria to judge Muslim practices and evaluate their
compliance with Islam. In identifying what is "Islamic" it is
necessary to make a distinction between the primary sources of Islam (the
Qur'an and the Sunnah) and legal opinions of scholars on specific issues,
which may vary and be influenced by their times, circumstances, and
cultures. Such opinions and verdicts do not enjoy the infallibility
accorded to the primary and revelatory sources. Furthermore,
interpretation of the primary sources should consider, among other things:
(a) The
context of any text in the Qur'an and the Sunnah. This includes the
general context of Islam, its teachings, its world view, and the context
of the surah and section thereof.
(b) The occasion of the revelation, which may shed light on its meanings.
(c) The role of the Sunnah in explaining and defining the meaning of the
Qur'anic text.
This
paper is a brief review of the position and role of woman in society from
an Islamic perspective. The topic is divided into spiritual, economic,
social, and political aspects.
II. The Spiritual Aspect
1. According to the Qur'an, men and women have the same spiritual human
nature:
O
mankind: Reverence your Guardian Lord Who created you from a single
person created of like nature his mate and from them twain scattered
(like seeds) countless men and women; reverence Allah through Whom you
demand your mutual (rights) and (reverence) the wombs (that bore you):
for Allah ever watches over you. (Qur'an 4:1)
It is
He who created you from a single person and made his mate of like nature
in order that he might dwell with her (in love). When they are united
she bears a light burden and carries it about (unnoticed). When she
grows heavy they both pray to Allah their Lord (saying): "If You
give us a goodly child we vow we shall (ever) be grateful." (Qur'an
7:189)
(He
is) the Creator of the heavens and the earth: He has made for you pairs
from among yourselves and pairs among cattle: by this means does He
multiply you: there is nothing whatever like unto Him and Her is the One
that hears and sees (all things.) (Qur'an 42:11)
2. Both
genders are recipients of the "divine breath" since they are
created with the same human and spiritual nature (nafsin-waahidah):
But He
fashioned him in due proportion and breathed into him something of His
spirit. And He gave you (the faculties of) hearing and sight and feeling
(and understanding): little thanks to you give (Qur'an 15:29)
3. Both
genders are dignified and are trustees of Allah on earth.
We
have honored the children of Adam, provided them with transport on land
and sea; given them for sustenance things good and pure; and conferred
on them special favors above a great part of Our Creation. (Qur'an
17:70)
Behold
your Lord said to the angels: "I will create a vicegerent on
earth." They said "Will you place therein one who will make
mischief therein and shed blood? Whilst we do celebrate Your praises and
glorify Your holy (name)?" He said: "I know what you do
not." (Qur'an 2:30)
4.
According to the Qur'an, woman is not blamed for the "fall of
man." Pregnancy and childbirth are not seen as punishments for
"eating from the for bidden tree." On the contrary, the Qur'an
considers them to be grounds for love and respect due to mothers.
In narrating
the story of Adam and Eve, the Qur'an frequently refers to both of them,
never singling out Eve for the blame:
O
Adam! Dwell you and your wife in the garden and enjoy (its good things)
as you [both] wish: but approach not this tree or you [both] run into
harm and transgression. Then began Satan to whisper suggestions to them
bringing openly before their minds all their shame that was hidden from
them (before): he said "Your Lord only forbade you this tree lest
you [both] should become angels or such beings as live for ever."
And he swore to them both that he was their sincere adviser. So by
deceit he brought about their fall: when they tasted of the tree their
shame became manifest to them and they began to sew together the leaves
of the garden over their bodies. And their Lord called unto them:
"Did I not forbid you that tree and tell you that Satan was an
avowed enemy unto you?" They said: "Our Lord! We have wronged
our own souls: if you forgive us not and bestow not upon us Your mercy
we shall certainly be lost." (Allah) said: "Get you [both]
down with enmity between yourselves. On earth will be your dwelling
place and your means of livelihood for a time." He said:
"Therein shall you [both] live and therein shall you [both] die;
and from it shall you [both] be taken out (at last)." O you
children of Adam! We have bestowed raiment upon you to cover your shame
as well as to be an adornment to you but the raiment of righteousness
that is the best. Such are among the signs of Allah that they may
receive admonition! O you children of Adam! Let not Satan seduce you in
the same manner as he got your parents out of the garden stripping them
of their raiment to expose their shame: for he and his tribe watch you
from a position where you cannot see them: We made the evil ones friends
(only) to those without faith. (Qur'an 7:19 27)
On the
question of pregnancy and childbirth, the Qur'an states:
And We
have enjoined on the person (to be good) to his/her parents: in travail
upon travail did his/her mother bear his/her and in years twain was
his/her weaning: (hear the command) "Show gratitude to Me and to
your parents: to Me is (your final) Goal. (Qur'an 31:14)
We
have enjoined on the person kindness to his/her parents: in pain did
his/her mother bear him/her and in paid did she give him/her birth. The
carrying of the (child) to his/her weaning is ( a period of) thirty
months. At length when he/she reaches the age of full strength and
attains forty years he/she says "O my Lord! Grant me that I may be
grateful for Your favor which You have bestowed upon me and upon both my
parents and that I may work righteousness such as You may approve; and
be gracious to me in my issue.Truly have I turned to You and truly do I
bow (to You) in Islam [submission]." (Qur'an 46:15)
5. Men
and women have the same religious and moral duties and responsibilities.
They both face the consequences of their deeds:
And
their Lord has accepted of them and answered them: "Never will I
suffer to be los the work of any of you be it male or female: you are
members of one another ..." (Qur'an 3:195)
If any
do deeds of righteousness be they male or female and have faith they
will enter paradise and not the least injustice will be done to them. (Qur'an 4:124)
For
Muslim men and women and for believing men and women, for devout men and
women, for true men and women, for men and women who are patient and
constant, for men and women who humble themselves, for men and women who
give in charity, for men and women who fast (and deny themselves), for
men and women who guard their chastity, and for men and women who engage
much in Allah's praise, for them has Allah prepared forgiveness and
great reward. (Qur'an 33:35)
One
Day shall you see the believing men and the believing women how their
Light runs forward before them and by their right hands: (their greeting
will be): "Good news for you this Day! Gardens beneath which flow
rivers! To dwell therein for ever! This is indeed the highest
Achievement!" (Qur'an 57:12)
6.
Nowhere does the Qur'an state that one gender is superior to the other.
Some mistakenly translate "qiwamah" or responsibility for the
family as superiority. The Qur'an makes it clear that the sole basis for
superiority of any person over another is piety and righteousness not
gender, color, or nationality:
O
mankind! We created you from a single (pair) of a male and a female and
made you into nations and tribes that you may know each other. Verily
the most honored of you in the sight of Allah is (one who is) the most
righteous of you. And Allah has full knowledge and is well acquainted
(with all things). (Qur'an 49:13)
7. The
absence of women as prophets or "Messengers of Allah" in
prophetic history is due to the demands and physical suffering associated
with the role of messengers and prophets and not because of any spiritual
inferiority.
II. The Economic Aspect
1. The Islamic Shariiah recognizes the full property rights of women
before and after marriage. A married woman may keep her maiden name.
2.
Greater financial security is assured for women. They are entitled to
receive marital gifts, to keep present and future properties and income
for their own security. No married woman is required to spend a penny from
her property and income on the household. She is entitled to full
financial support during marriage and during the waiting period ('iddah)
in case of divorce. She is also entitled to child support. Generally, a
Muslim woman is guaranteed support in all stages of her life, as a
daughter, wife, mother, or sister. These additional advantages of women
over men are somewhat balanced by the provisions of the inheritance which
allow the male, in most cases, to inherit twice as much as the female.
This means that the male inherits more but is responsible financially for
other females: daughters, wives, mother, and sister, while the female
(i.e., a wife) inherits less but can keep it all for investment and
financial security without any legal obligation so spend any part of it
even for her own sustenance (food, clothing, housing, medication, etc.).
IV. The Social Aspect
First: As a Daughter
1. The Qur'an effectively ended the cruel pre Islamic practice of
female infanticide (wa'd):
When
the female (infant) buried alive is questioned for what crime she was
killed. (Qur'an 81 89)
2. The
Qur'an went further to rebuke the unwelcoming attitudes among some parents
upon hearing the news of the birth of a baby girl, instead of a baby boy:
When
news is brought to one of them of (the birth of) a female (child) his
face darkens and he is filled with inward grief! With shame does he hide
himself from his people because of the bad news he has had! Shall he
retain her on (sufferance and) contempt or bury her in the dust? Ah!
what an evil (choice) they decide on! (Qur'an 16:58 59)
3.
Parents are duty bound to support and show kindness and justice to their
daughters. Prophet Muhammad said:
"Whosoever
has a daughter and he does not bury her alive, does not insult her, and
does not favor his son over her, Allah will enter him into
Paradise." [Ahmad]
"Whosoever
supports two daughters til they mature, he and I will come in the day of
judgment as this (and he pointed with his two fingers held
together)." [Ahmad]
4.
Education is not only a right but also a responsibility of all males and
females. Prophet Muhammad said:
"Seeking
knowledge is mandatory for every Muslim ("Muslim" is used here
in the generic meaning which includes both males and females).
Second: As a Wife
1. Marriage in Islam is based on mutual peace, love, and compassion,
not just the satisfaction of man's needs:
And
among His Signs is that He created for you mates from among yourselves
that you may well in tranquillity with them and He has put live and
mercy between your (hearts); verily in that are signs for those who
reflect. (Qur'an 30:21)
(He
is) the Creator of the heavens and the earth: He has made for you pairs
from among yourselves and pairs among cattle: by this means does He
multiply you: there is nothing whatever like unto Him and He is the One
that hears and sees (all things). (Qur'an 42:11)
2. The
female has the right to accept or reject marriage proposals. Her consent
is prerequisite to the validity of the marital contract according to the
Prophet's teaching. It follows that if by "arranged marriage" is
meant marrying the girl without her consent, then such a marriage is
nullifiable is she so wished.
"Ibn
Abbas reported that a girl came to the Messenger of God, Muhammad, 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)." (Ahmad, Hadeeth no. 2469). In
another version, the girl said: "Actually I accept this marriage
but I wanted to let women know that parents have no right to force a
husband on them." [Ibn Majah] 3. The husband is responsible for the
maintenance, protection, and overall headship of the family (qiwamah)
within the framework of consultation and kindness. The mutual dependency
and complementary of the roles of males and females does not mean
"subservience" by either party to the other. Prophet Muhammad
helped in household chores in spite of his busy schedule.
The
mothers shall give suck to their offspring for two whole years if the
father desires to complete the term. But he shall bear the cost of their
food and clothing on equitable terms. No soul shall have a burden laid
on it greater than it can bear. No mother shall be treated unfairly on
account of her child nor father on account of his child. An heir shall
be chargeable in the same way if they both decide on weaning by mutual
consent and after due consultation there is no blame on them. If you
decide on a foster mother for your offspring there is no blame on you
provided you pay (the mother) what you offered on equitable terms. But
fear Allah and know that Allah sees well what you do. (Qur'an 2:233)
The
Qur'an urges husbands to be kind and considerate to heir wives even if
they do not like them.
O you
who believe! You are forbidden to inherit women against their will. Nor
should you treat them with harshness that you may take away part of the
marital gift you have given them except where they have been guilty of
open lewdness; on the contrary live with them on a footing of kindness
and equity. If you take a dislike to them it may be that you dislike a
thing and Allah brings about though it a great deal of good. (Qur'an
4:19)
Prophet
Muhammad taught:
"
I command you to be kind to women ..."
"The
best of you is the best to his family (wife) ..."
Marital
disputes are to be handled privately between the parties whenever
possible, in steps (without excesses or cruelty). If disputes are not
resolved then family mediation can be resorted to.
Divorce is
seen as the last resort, which is permissible but not encouraged. Under no
circumstances does the Qur'an encourage, allow or condone family violence
or physical abuse and cruelty. The maximum allowed in extreme cases is a
gentle tap that does not even leave a mark on the body while saving the
marriage from collapsing.
5. Forms
of marriage dissolution include mutual agreement, the husband's
initiative, the wife's initiative (if part of her marital contract, court
decision on the wife's initiative (for a cause), and the wife's initiative
without a "cause" provided that she returns the marital gift to
her husband (khul' [divestiture]).
6.
Priority for custody of young children (up to the age of about seven) is
given to the mother. A child later chooses between his mother and father
(for custody purposes). Custody questions are to be settled in a manner
that balances the interests of both parents and well being of the child
Question of Polygyny (Polygamy)
1. One of the common myths is to associate polygyny with Islam as if
it were introduced by Islam or is the norm according to its teachings.
While no text in the Qur'an or Sunnah states that either monogamy or
polygyny is the norm, demographic data indicates that monogamy is the norm
and polygyny is the exception. In almost all countries and on the global
level the numbers of men and women are almost even, with women's numbers
slightly more than men.
As such, it
is a practical impossibility to regard polygyny as the norm since it
assumes a demographic structure of at least two thirds females, and one
third males (or 80 percent females and 20 percent males if four wives per
male is the norm!). No Islamic "norm" is based on an impossible
assumption.
2. Like
many peoples and religions, however, Islam did not out law polygyny but
regulated it and restricted it. It is neither required nor encouraged, but
simply permitted and not outlawed. Edward Westermarck gives numerous
examples of the sanctioning of polygyny among Jews, Christians, and others.
3. The
only passage in the Qur'an (4:3) which explicitly mentioned polygyny and
restricted its practice in terms of the number of wives permitted and the
requirement of justice between them was revealed after the Battle of Uhud
in which dozens of Muslims were martyred leaving behind widows and
orphans. This seems to indicate that the intent of its continued
permissibility is to deal with individual and collective contingencies
that may arise from time to time (i.e., imbalances between the number of
males and females created by wars). This provides a moral, practical, and
humane solution to the problems of widows and orphans who are likely to be
more vulnerable in the absence of a husband/father figure to look after
their needs: financial, companions, proper rearing, and other needs.
If you
fear that you shall not be able to deal justly with the orphans marry
women of your choice two or three or four; but if you fear that you
shall not be able to deal justly (with them) then only one ... (Qur'an
4:3)
4.
All parties involved have options: to reject marriage proposals as in the
case of a proposed second wife or to seek divorce or khul' (divestiture)
as in the case of a present wife who cannot accept to live with a
polygynous husband.
While the
Qur'an allowed polygyny, it did not allow polyandry (multiple husbands of
the same woman). Anthropologically speaking, polyandry is quite rare. Its
practice raises thorny problems related to the lineal identity of
children, and incompatibility of polyandry with feminine nature.
Third: As a Mother
1. Kindness to parents (especially mothers) is next to worship of
Allah:
Your
Lord has decreed that you worship none but Him and that you be kind to
parents. Whether one or both of them attain old age in you life say not
to them a word of contempt nor repel them but address them in terms of
honor. (Qur'an 17:23)
And We
have enjoined on the human (to be good) to his/her parents: in travail
upon travail did his/her mother bear him/her and in years twain was
his/her waning: (hear the command) "Show gratitude to Me and to
your parents: to Me is (your final) destiny." (Qur'an 31:14)
2.
Mothers are accorded a special place of honor in Hadeeth too:
A man
came to the Prophet Muhammad asking: O Messenger of Allah, who among the
people is the most worthy of my good companionship? The Prophet said,
your mother. The man said then who is next: the Prophet said, Your
mother. The man further asked, Then who is next? Only then did the
Prophet say, Your father. (al Bukhari)
Fourth: As a Sister in Faith (Generally)
1. According to the Prophet Muhammad's saying:
"Women
are but sisters (or the other half) of men (shaqa'iq).
2.
Prophet Muhammad taught kindness, care, and respect of women in general:
"I
commend you to be kind to women"
Fifth: Issue of Modesty and Social Interaction
1. There exists, among Muslims a big gap between the ideal of the
real. Cultural practices on both extremes do exist. Some Muslims emulate
non Islamic cultures and adopt the modes of dress, unrestricted mixing and
behavior resulting in corrupting influences of Muslims and endangering the
family's integrity and strength. On the other hand, in some Muslim
cultural undue and excessive restrictions is not seclusion are believed to
be the ideal. Both extremes seem to contradict the normative teachings of
Islam and are not consistent with the virtuous yet participative nature of
the society at the time of the Prophet Muhammad.
2.
Parameters of proper modesty for males and females (dress and behavior)
are based on revelatory sources (the Qur'an and authentic Sunnah) and as
such are seen by believing men and women as divinely based guidelines with
legitimate aims, and divine wisdom behind them. They are not male imposed
or socially imposed restrictions.
3. The
notion of near total seclusion of women is alien to the prophetic period.
Interpretation problems in justifying seclusion reflect, in part, cultural
influences and circumstances in different Muslim countries.
V. The
Legal/Political Aspect
1. Both genders are entitled to equality before the law and courts of law.
Justice is genderless.
Most
references to testimony (witness) in the Qur'an do not make any reference
to gender. Some references fully equate the testimony of males and female.
And
for those who launch a charge against their spouses and have (in
support) no evidence but their own their solitary evidence (can be
received) if they bear witness four times (with an oath) by Allah that
they are solemnly telling the truth; And the fifth (oath) (should be)
that they solemnly invoke the curse of Allah on themselves if they tell
a life. But it would avert the punishment from the wife is she bears
witness four times (with an oath) by Allah that (her husband) is telling
a lie; And the fifth (oath) should be that she solemnly invokes the
wrath of Allah on herself is (her accuser) is telling the truth. (Qur'an
24:69)
One
reference in the Qur'an distinguishes between the witness of a male and a
female. It is useful to quote this reference and explain it in its own
context and in the context of other references to testimony in the Qur'an.
O
you who believe! When you deal with each other in transactions involving
future obligations in a fixed period of time reduce them to writing. Let
a scribe write down faithfully as between the parties: let not the
scribe refuse to write as Allah has taught him so let him write. Let him
who incurs the liability dictate but let him fear his Lord Allah and not
diminish aught of what he owes. If the party liable is mentally
deficient or weak or unable himself to dictate 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 you choose for
witnesses so that if one of them errs the other can remind her. The
witnesses should not refuse when they are called on (for evidence).
Disdain not to reduce to writing (your contract) for a future period
whether it be small or big: it is just in the sight of Allah more
suitable as evidence and more convenient to prevent doubts among
yourselves; but if it be a transaction which you carry out on the spot
among yourselves there is no blame on you if you reduce it not to
writing. But take witnesses whenever you make a commercial contract; and
let neither scribe nor witness suffer harm. If you do (such harm) it
would be wickedness in you. So fear Allah; for it is Allah that teaches
you. And Allah is well acquainted with all things. (Qur'an 2:282)
A few
comments on this text are essential in order to prevent common
misinterpretations:
a) It
cannot be used as an argument that there is a general rule in the Qur'an
that the worth of a female's witness is only half the male's. This
presumed "rule" is voided by the earlier reference (24:69) which
explicitly equates the testimony of both genders in the issue at hand.
b) The
context of this passage (ayah) relates to the testimony on financial
transactions which are often complex and laden with business jargon. The
passage does not make a blanket generalization which would otherwise
contradict 24:69 cited earlier.
c)
The reason for variations in the number of male and female witnesses
required is given in the same passage. No reference was made to the
inferiority or superiority of one gender's witness or the other's. The
only reason given is to corroborate the female's witness and prevent
unintended errors in the perception of the business deal. The Arabic term
used in this passage (tadhilla) means literally "loses the way,"
"gets confused or errs." But are females the only gender that
may err and need corroboration of their testimony. Definitely not, and
this is why the general rule of testimony in Islamic law is to have two
witnesses even if they are both males. This leaves us with only one
reasonable interpretation that in an ideal Islamic society as envisioned
by Islamic teachings the female members will give priority to their
feminine functions as wives, mothers, and pioneers of charitable works.
This emphasis, while making them more experienced in the inner function of
the family and social life, may
not give them enough exposure and experience to business transactions and
terminology, as such a typical Muslim woman in a truly Islamic society
will not normally be present when business dealings are negotiated and if
may present may not fully understand the dealings. In such a case,
corroboration by two women witnesses helps them remind one another and as
such give an accurate account of what happened.
d) It is
useful to remember that it is the duty of a fair judge, in a particular
case, to evaluate the credibility, knowledge and experience of any witness
and the specific circumstances of the case at hand.
2. The
general rule in social and political life is participation and
collaboration of males and female in public affairs:
The
believers, men and women, are protectors one of another; they enjoin
what is just and forbid what is evil: they observe regular prayers,
practice regular charity, and obey Allah and His apostle. On them will
Allah pour His mercy: for Allah is Exalted in power, Wise. (Qur'an 9:71)
3. Now
there is sufficient historical evidence of participation by Muslim women
in the choice of rulers, in public issues, in lawmaking, in administrative
positions, in scholarship and teaching, and even in the battlefield. Such
involvement in social and political affairs was done without losing sight
of the complementary priorities of both genders and without violating
Islamic guidelines of modesty and virtue.
4.
There is no text in the Qur'an or the Sunnah that precludes women from any
position of leadership, except in leading prayer due to the format of
prayer as explained earlier and the headship of state (based on the common
and reasonable interpretation of Hadeeth).
The head of
state in Islam is not a ceremonial head. He leads public prayers in some
occasions, constantly travels and negotiates with officials of other
states (who are mostly males). He may be involved in confidential meetings
with them. Such heavy involvement and its necessary format may not be
consistent with Islamic guidelines related to the interaction between the
genders and the priority of feminine functions and their value to society.
Furthermore, the conceptual and philosophical background of the critics of
this limited exclusion is that of individualism, ego satisfaction, and the
rejection of the validity of divine guidance in favor of other man-made
philosophies, values, or "ism." The ultimate objective of a
Muslim man or woman is to selflessly serve Allah and the ummah in whatever
appropriate capacity.
Conclusion:
1. Textual injunctions on gender equity and the prophetic model are
sometimes disregarded by some if not most Muslims individually and
collectively. Revision of practices (not divine injunctions) is needed. It
is not the revelatory Qur'an and the Sunnah that need any editing or
revision. What needs to be reexamined are fallible human interpretations
and practices.
2.
Diverse practice in Muslim countries often reflect cultural influences
(local or foreign), more so than the letter or spirit of the Shariiah.
3.
Fortunately, there is an emerging trend for the betterment of our
understanding of gender equity, based on the Qur'an and Hadeeth, not on
alien and imported un-Islamic or non-Islamic values and not on the basis
of the existing oppressive and unjust status quo in many parts of the
Muslim world.
Endnotes:
1. The term equity is used instead of the common expression
'equality" which is sometimes mistakenly understood to mean absolute
equality in each and every detailed item of comparison rather than the
overall equality. Equity is used here to mean justice and overall equality
of the totality of rights and responsibilities of both genders. It does
allow for the possibility of variations in specific items within the
overall balance and equality. It is analogous to two persons possessing
diverse currencies amounting, for each person to the equivalence of
US$1000. While each of the two persons may possess more of one currency
than the other, the total value still comes to US$1000 in each case. It
should be added that from an Islamic perspective, the roles of men and
women are complementary and cooperative rather than competitive.
2. The
Sunnah refers to the words, actions, and confirmations (consent) of the
Prophet Muhammad in matters pertaining to the meaning and practice of
Islam. Another common term which some authorities consider to be
equivalent to the Sunnah is the Hadeeth (plural: Ahadeeth) which literally
means "sayings."
3. In
both Qur'anic references, 15:29 and 32:99, the Arabic terms used are
basharan and al Insaun both mean a human being or a person. English
translations do not usually convey this meaning and commonly use the terms
"man" or the pronoun" him" to refer to
"person" without a particular gender identification. Equally
erroneous is the common translation of Bani Adam into "sons of
Adam" or "men" instead of a more accurate term
"children of Adam."
4. The
emphasis is ours. The explanatory "both"{ was added whenever the
Our'anic Arabic text addresses Adam and Eve, like "lahoma, akala,
akhrajahoma." This was done in order to avoid misinterpreting the
English term "you" to mean an address to a singular person. For
the Biblical version of the story and its implications, see The Holy
Bible, RSV, American Bible Society, New York: 1952: Genesis, chapters 23,
especially 3:6, 12, 1717; Levi ticus 12:17; 15:19 30; and Timothy 2:11 14.
5. A
common question raised in the West is whether a Muslim woman can be
ordained as a priest as more "liberal" churches do? It should be
remembered that there is no "church" or "priesthood"
in Islam. The question of "ordaining" does not arise. However,
most of the common "priestly" functions such as religious
education, spiritual and social counseling are not forbidden to Muslim
women in a proper Islamic context. A woman, however, may not lead prayers
since Muslim prayers involve prostrations and body contact. Since the
prayer leader is supposed to stand in front of the congregation and may
move forward in the middle of crowded rows, it would be both inappropriate
and uncomfortable for a female to be in such a position and prostrate,
hands, knees and forehead on the ground with rows of men behind here. A
Muslim woman may be an Islamic scholar, In the early days of Islam, there
were several examples of female scholars who taught both genders.
6. This
contrast with the legal provisions in Europe which did not recognize the
right until nearly 13 centuries after Islam. "By a series of acts
starting with the Married Women's Property Act in 1879, amended in 1882
and 1997, married women achieved the right to won property and to enter
into contracts on a par with spinsters, widows, and divorcees." See
Encyclopedia Britannica, 1968, vol. 23, p. 624.
7. This
period is usually three months. If the wife is pregnant, it extends until
childbirth.
8. Ahmad
Ibn Hanbal (compiler), Musnad Ibn Hanbal, Dar al Ma'arif, Cairo: 1950 and
1955, vols. 3 and 4. Hadith nos. 1957 and 2104.
9.
Narrated in Al Bayhaqi and Ibn Majah, quoted in M. S. Aftfi, Al Martah wa
Huququhafi al Islam (in Arabic), Maktabat al Nahdhah, Cairo: 1988, p. 71.
10. Ibn
Majah (compiler), Sunan Ibn Majah, Dar Ihya' al Kutub al Arabiyah, Cairo:
1952, vol. 1, Hadith #1873.
11. Matn
al Bukhari, op. cit., vol. 3, p. 257.
12.
Riyad al Saliheen, op. cit, pp. 140.
13. In
the event of a family dispute, the Qur'an exhorts the husband to treat his
wife kindly and not to overlook her positive aspects. If the problem
relates to the wife's behavior, her husband may exhort her and appeal for
reason. In most cases, this measure is likely to be sufficient. In cases
where the problem continues, the husband may express his displeasure in
another peaceful manner by sleeping in a separate bed from hers. There are
cases, however where a wife persists in deliberate mistreatment of her
husband and disregard for her marital obligations. Instead of divorce, the
husband may resort to another measure that may save the marriage, at least
in some cases. Such a measure is more accurately described as a gentle tap
on the body, but never on the face, making it more of a symbolic measure
than a punitive one. Following is the related Qur'anic text:
Men are
the protectors and maintains of women because Allah has given the one more
(strength) than the other and because they support them from their means.
Therefore the righteous women are devoutly obedient and guard in (the
husband's) absence what Allah would have them guard. As to those women on
whose part you fear disloyalty and ill conduct, admonish them (first),
(next) refuse to share their beds (and last) beat them (lightly); but if
they return to obedience seek not against them means (of annoyance): for
Allah is Most High, great (above you all). (Qur'an 4:34)
Even
here, that maximum measure is limited by the following:
a) It
must be seen as a rare exception to the repeated exhortation of mutual
respect, kindness and good treatment discussed earlier. Based on the
Qur'an and Hadeeth, this measure may be used in the case of lewdness on
the part of the wife or extreme refraction and rejection of the husband's
reasonable requests on a consistent basis (nushuz). Even then other
measures such as exhortation should be tried first.
b) As
defined by the Hadeeth, it is not permissible to strike anyone's face,
cause any bodily harm or even be harsh. What the Hadeeth qualified as
dharban ghayra mubarrih or light beating was interpreted by early jurists
as a (symbolical) use of the miswak (a small natural toothbrush).
They
further qualified permissible "beating" as beating that leaves
no mark on the body. It is interesting that this latter fourteen centuries
old qualifier is the criterion used in contemporary American law to
separate a light and harmless tap or strike from "abuse" in the
legal sense. This makes it clear that even this extreme, last resort and
"lesser of the two evils" measure that may save the marriage
does not meet the definitions of "physical abuse," "family
violence," of "wife battering" in the twentieth century
laws in liberal democracies, where such extremes are commonplace that they
are seen as national concerns.
c)
Permissibility of such symbolical expression of the seriousness of
continued refraction does not imply its desirability. In several Ahadeeth,
Prophet Muhammad discouraged this measure. Among his sayings: "Do not
beat the female servants of Allah," "Some (women visited my
family complaining about their husbands (beating them). These (husbands)
are not the best of you," "[Is it not a shame that], one of you
beats his wife like [an unscrupulous person] beats a slave and maybe he
sleeps with her at the end of the day." See Riyad Al Saliheen, op
cit., pp. 130 140. In another Hadeeth, the Prophet said:
"How
does anyone of you beat his wife as he beats the stallion camel and then
he may embrace (sleep with) her?" Shaheeh Al Bukhari, op. cit., vol.
8, Hadeeth no. 68, pp. 42 43.
d) True
following of the Sunnah is to follow the example of the Prophet Muhammad,
who never resorted to that measure regardless of the circumstances.
e)
Islamic teachings are universal in nature. They respond to the needs and
circumstances of diverse times, cultures, and circumstances but
unnecessary in others. Some measures may work in some cases, cultures, or
with certain persons but may not be effective in others. By definition a
"permissible" it is neither required encouraged, or forbidden.
In fact, it may be better to spell out the extent of permissibility such
as in the issue at hand, than leaving it unrestricted and unqualified or
ignoring it all together. In the absence of strict qualifiers, persons may
interpret the matter in their own way lending to excesses and real abuse.
f) Any
excess, cruelty, family violence, or abuse committed by any
"Muslim" can never be traced, honestly, to any revelatory text
(Qur'an and Hadeeth). Such excesses and violations are to be blamed on the
person(s) himself as it shows that he is paying lip service to Islamic
teachings and injunctions and is failing to follow the true sunnah of the
Prophet.
14. For
more details on marriage dissolution and custody of children, see A. Abd
al Ati, Family Structure in Islam, Indianapolis: American Trust
Publications, 1977, pp. 217 49.
15. For
more details on the issue of polygyny, see Jamal A. Badawi, Polygyny in
Islamic Law, Plainfield, IN: American Trust Publications, also Islamic
Teachings (audio series), Islamic Information Foundation, 1982, album IV.
16. See
for example, Edward A. Westermarck, The History of Human Marriage, 4th ed.
(London: Macmlllan, 1925), vol 3, pp. 42 43; also Encyclopedia BibRca,
Rev. T. K. Cheyene and J. S. Black, eds.) (London: Macmillan, 1925), vol.
3, p 2946.
17. A.
M. B. 1. Al Bukhari (compiler) Matn al Bukhari, Cairo: Dar Ihya al Kutub
al Arabiyah, n.d., vol. 3 Kitab al Adab, p. 47. Translated by the author.
For a similar English translation of this Hadeeth, see Sahih al Bukhari
translated by M. M. Khan Maktabat al Riyadh al Hadeethah, Riyadh, Saudi
Arabia, i982, colt 8, the Book of ai Adab, Hadeeth no. 2, p. 2.
18.
Narrated by Aisha, collected by Ibn Asakir in Silsilat Kunaz al Sunnah 1,
Al./ami Al Sagheer, Ist ed. 1410 AH. A computer program.
19.
Riyadh al Saliheen, op. cit., p. 139.
Bibliography
I. The
Qur'an and Hadeeth
1. The
Holy Qur'an: Text, Translation and Commentary by A. Y. Ali, The American
Trust Publication, Plainfield, IN 1977.
2. Matn
al Bukhari, Al Bukhari (compiler), Dar Ihya al Kutub al Arabiyah, Cairo,
Egypt, n.d.
3.
Musnad Ahmad Ibn Hanbal, Ibn Hanbal (compiler), Dar Ihya' al Kutub al
Arabiyah, Cairo Egypt, 1950 and 1955.
4.
Riyadh al Saliheen, Al Nawawi, (compiler) New Delhi, India n.d.
5. Sahih
Al Bukhari, M. Khan (translator), Maktabat Al Riaydh Al Hadeethah, Riyadh,
Saudi Arabia 1982.
6.
Silsilat Kunuz Al Sunnah: Al Jami al Sagheer, 1st ea., 1410 AH, a computer
software.
7. Sunan
Ibn Majah, Dar Ihya al Kutub al Arabiyah, Cairo: 1952.
II.
Other References
1. Al
Martah wa Huququha fi al Islam, M. S. Aftfi, Maktabat AlNadhhah, Cairo:
1988.
2. Holy
Bible, RSV, American Bible Society, New York: 1952.
3.
Encyclopedia Biblica, vol. 3, Rev. T. K. Cheyene and J. S. Black, editors,
London: Machollan, 1925.
4.
Encyclopedia Britanica, Vol. 23, 1968
5. The
History of Human Marriage, vol. 3, Edward A. Westermarck, London:
Macmillan, 1925
