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 He 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 dow 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.
III. 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
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