HISTORICAL PERSPECTIVES

One major objective of this paper is to provide a fair evaluation of what Islam contributed (or failed to contribute) toward the restoration of woman's dignity and rights. In order to achieve this objective, it may be useful to review briefly how women were treated in general in previous civilizations and religions, especially those which preceded Islam (Pre-610 C.E.). Part of the information provided here, however, describes the status of woman as late as the nineteenth century, more than twelve centuries after Islam.

Women in Ancient Civilizations

Describing the status of the Indian women, Encyclopaedia Britannica states: "In India, subjection was a cardinal principle. Day and night must women be held by their protectors in a state of dependence, says Manu. The rule of inheritance was agnatic, that is descent traced through males to the exclusion of females." In Hindu scriptures, the description of a good wife is as follows: "a woman whose mind, speech and body are kept in subjection, acquires high renown in this world, and, in the next, the same abode with her husband." (In Mace, David and Vera, Marriage East and West) 

In Athens, women were not better off than either the Indian or the Roman women. "Athenian women were always minors, subject to some male - to their father, to their brother, or to some of their male kin." (History of Civilization, Vol. 3) Her consent in marriage was not generally thought to be necessary and "she was obliged to submit to the wishes of her parents, and receive from them her husband and her lord, even though he were stranger to her."

A Roman wife was described by an historian as: "a babe, a minor, a ward, a person incapable of doing or acting anything according to her own individual taste, a person continually under the tutelage and guardianship of her husband."

In the Encyclopaedia Britannica, we find a summary of the legal status of women in the Roman civilization: In Roman Law a woman was even in historic times completely dependent. If married she and her property passed into the power of her husband ...the wife was the purchased property of her husband, and like a slave acquired only for his benefit. A woman could not exercise any civil or public office ... could not be a witness, surety, tutor, or curator; she could not adopt or be adopted, or make will or contract.

Among the Scandinavian races women were under perpetual tutelage, whether married or unmarried. As late as the Code of Christian V, at the end of the 17th century, it was enacted that if a woman married without the consent of her tutor he might have, if he wished, administration and usurpation of her goods during her life.

According to the English Common Law: ... all real property which a wife held at the time of a marriage became a possession of her husband. He was entitled to the rent from the land and to any profit which might be made from operating the estate during the joint life of the spouses. As time passed, the English courts devised means to forbid a husband's transferring real property without the consent of his wife, but he still retained the right to manage it and to receive the money which it produced. As to a wife's personal property, the husband's power was complete. He had the right to spend it as he saw fit. (Encyclopaedia Americana)

Only by the late nineteenth century did the situation start to improve. "By a series of acts starting with the Married Women's Property Act in 1870, amended in 1882 and 1887, married women achieved the right to own property and to enter contracts on a par with spinsters, widows, and divorcee." (Encyclopaedia Britannica)

Before moving on to the Quranic decrees concerning the status of woman, a few Biblical decrees may shed more light on the subject, thus providing a better basis for an impartial evaluation. In the Mosaic Law, the wife was betrothed. Explaining this concept, the Encyclopaedia Biblica states: "To betroth a wife to oneself meant simply to acquire possession of her by payment of the purchase [honey; the betrothed is a girl for whom the purchase money has been paid."

From the legal point of view, the consent of the girl was not necessary for the validation of her marriage. The girl's consent is unnecessary and the need for it is nowhere suggested in the law."

As to the right of divorce, we read in the Encyclopaedia Biblica: "The woman being man's property, his right to divorce her follows as a matter of course." The right to divorce was held only by man. In the Mosaic Law divorce was a privilege of the husband only ... (Encyclopaedia Britannica)

The position of the Christian Church until recent centuries seems to have been influenced by both the Mosaic Law and by the streams of thought that were dominant in its contemporary cultures. In their book, Marriage East and West, David and Vera Mace wrote:

Let no one suppose, either, that our Christian heritage is free of such slighting judgements. It would be hard to find anywhere a collection of more degrading references to the female sex than the early Church Fathers provide. Lecky, the famous historian, speaks of these fierce incentives which form so conspicuous and so grotesque a portion of the writing of the Fathers. ...woman was represented as the door of hell, as the mother of all human ills. She should be ashamed at the very thought that she is a woman. She should live in continual penance on account of the curses she has brought upon the world. She should be ashamed of her dress, for it is the memorial of her fall. She should be especially ashamed of her beauty, for it is the most potent instrument of the devil.

One of the most scathing of these attacks on woman is that of Tertullian: "Do you know that you are each an Eve? The sentence of God on this sex of yours lives in this age: the guilt must of necessity live too. You are the devil's gateway: you are the unsealer of that forbidden tree; you are the first deserters of the divine law; you are she who persuades him whom the devil was not valiant enough to attack. You destroyed so easily God's image, man. On account of your desert - that is death - even the Son of God had to die."

Not only did the church affirm the inferior status of woman, it deprived her of legal rights she had previously enjoyed. 

Women in Islam

In the midst of the darkness that engulfed the world, the divine revelation echoed in the wide desert of Arabia with a fresh, noble, and universal message to humanity: 

"O Mankind, keep your duty to your Lord who created you from a single soul and from it created its mate (of same kind) and from them twain has spread a multitude of men and women." (Qur'an, 4:1)

"It is believed that there is no text, old or new, that deals with the humanity of the woman from all aspects with such amazing brevity, eloquence, depth, and originality as this divine decree." (Al-Wa'y Al-Islami, Kuwait)

"He (Allah) it is Who did create you from a single soul and therefrom did create his mate, that he might dwell with her (in love)... " (Qur'an, 7:189) 

"The Creator of heavens and earth: He has made for you pairs from among yourselves..." (Qur'an, 42:11) 

"And Allah has given you mates of your own nature, and has given you from your mates, children and grandchildren, and has made provision of. good things for you. Is it then in vanity that they believe and in the grace of Allah that they disbelieve?" (Qur'an, 16:72)

The Spiritual Aspect

The Qur'an provides clear-cut evidence that woman is completely equated with man in the sight of God in terms of her rights and responsibilities. 

The Qur'an states: 

"Every soul will be (held) in pledge for its deeds." (Qur'an, 74:38)

"And their Lord has accepted of them, and answered them: 'Never will I suffer to be lost the work of any of you, be he male or female: You are members one of another...'" (Qur'an, 3:195) 

"Whoever works righteousness, man or woman, and has faith, verily to him will We give a new life that is good and pure, and We will bestow on such their reward according to their actions." (Qur'an, 16:7), see also (4:124)

In terms of religious obligations, such as the daily prayers, fasting, poor-due, and pilgrimage, woman is I no different from man. In some cases indeed, woman has certain advantages over man. For example, the woman is exempted from the daily prayers and from fasting during her menstrual periods and forty days after childbirth. She is also exempted from fasting during her pregnancy and when she is nursing her baby if there is any threat to her health or her baby's. 

If the missed fasting is obligatory (during the month of Ramadhan), she can make up for the missed days whenever she can. She does not have to make up for the prayers missed for any of the above reasons. Although women can and did go into the mosque during the days of the Noble Prophet (peace be on him) and thereafter attendance at the Friday congregational prayers is optional for them while it is mandatory for men on Friday.

This is clearly a tender touch of the Islamic teachings for they are considerate of the fact that a woman may be nursing her baby or caring for him, and thus may be unable to go out to the mosque at the time of the prayers. They also take into account the physiological and psychological changes associated with her natural female functions.

The Social Aspect

a) As a child and an adolescent. Despite the social acceptance of female infanticide among some Arabian tribes, the Qur'an forbade this custom, and considered it a crime like any other murder. "And when the female (infant) buried alive is questioned, for what crime she was killed. " (Qur'an, 81:89)

Criticizing the attitudes of such parents who reject their female children, the Qur'an states: "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)

Far from saving the girl's life so that she may later suffer injustice and inequality, Islam requires kind and just treatment for her. Among the sayings of Prophet Muhammad (peace be on him) in this regard are the following: "Whosoever has a daughter and he does not bury her alive, does not insult her, and does not favour his son over her, God will enter him into Paradise." (Ibn Hanbal) "Whosoever supports two daughters till they mature, he and I will come on the Day of judgement as this (and he pointed with his two fingers held together)." A similar Hadith deals in like manner with one who supports two sisters. (Ibn Hanbal). The right of females to seek  knowledge is not different from that of males. Prophet Muhammad (peace be on him) said: "Seeking knowledge is mandatory for every Muslim". (Baihaqi) [the term] Muslim is used here [to include] both males and females.

b) As a wife. The Qur'an clearly indicates that marriage is sharing (between the two halves of the society, and that its objectives, beside perpetuating human life, are emotional well-being and spiritual harmony. Its bases are love and mercy.

Among the most impressive verses in the Qur'an about marriage is the following:

"And among His signs is this that He created mates for you from yourselves that you may find rest, peace of mind in them, and He ordained between you love and mercy. Lo, herein indeed are signs for' people who reflect. " (Qur'an, 30:21)

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)

The rules for married life in Islam are clear and in harmony with upright human nature. In consideration of the physiological and psychological make-up of man and woman, both have equal rights and claims on one another, except for one responsibility, that of leadership. This is a matter which is natural in any collective life and which is consistent with the nature of man.

The Qur'an thus states:

 "And they (women) have rights similar to those (of men) over them, and men are a degree above them." (Qur'an, 2:228)

"If they (husband and wife) desire to wean the child by mutual consent and (after) consultation, there is no blame on them..." (Qur'an, 2:233)

The Qur'an states: 

"...But consort with them in kindness, for if you hate them it may happen that you hate a thing wherein Allah has placed much good. " (4:19) 

"The best of you is the best to his family and I am the best among you to my family." 

As the woman's right to decide about her marriage is recognized, so also her right to seek an end for an unsuccessful marriage is recognized. To provide for the stability of the family, however, and in order to protect it from hasty decisions under temporary emotional stress, certain steps and waiting periods should be observed by men and women seeking divorce. Considering the relatively more emotional nature of women, a good reason for asking for divorce should be brought before the judge. Like the man, however, the woman can divorce her husband without resorting to the court, if the nuptial contract allows that. More specifically, some aspects of Islamic Law concerning marriage and divorce are interesting and are worthy of separate treatment. When the continuation of the marriage relationship is impossible for any reason, men are still taught seek seek a gracious end to it.

The Qur'an states about such cases: 

"When you divorce women, and they reach their prescribed term, then retain them in kindness and retain them not for injury so that you transgress (the limits)." (2:231) See also (2:229 & 33:49)

"And we have enjoined upon man (to be good) to his parents: His mother bears him in weakness upon weakness..." (Qur'an, 31:14) See also (46:15 & 29:8)

 
"Your Lord has decreed that you worship none save Him, and that you be kind to your parents..." (Qur'an, 17:23)

"O Messenger of God, who among the people is the most worthy of my good company? The Prophet (peace be on him) said: "Your mother." The man said then who else? The Prophet (peace be on him) said: "Your mother." The man asked then who else? Only then did the Prophet (peace he on him) say: "Your father." (Bukhari and Muslim)

"Paradise is at the feet of mothers." (Al-Nissaie, Ion Majah and Ahmad)

"It is the generous (in character) who is good to women, and it is the wicked who insults them!"

Islam decreed a right of which woman was deprived both before Islam and after it (even as late as this century), the right of independent ownership. According to Islamic Law, woman's right to her money, real estate, or other properties is fully acknowledged. This right undergoes no change whether she is single or married. She retains her full rights to buy, sell, mortgage or lease any or all her properties. It is nowhere suggested in the Law that a woman is a minor simply because she is a female. It is also noteworthy that such right applies to her properties before marriage as well as to whatever she acquires thereafter.

With regard to the woman's right to seek employment it should be stated first that Islam regards her role in society as a mother and a wife as the most sacred and essential one. Neither maids nor baby-sitters can possibly take the mother's place as the educator of the upright, complex-free, and carefully-reared children. Such a noble and vital role, which largely shapes the future of nations, cannot be regarded as "idleness".

However, there is no decree in Islam which forbids woman from seeking employment whenever there is a necessity for it, especially in positions which fit her nature and in which society needs her most. Examples of these professions are nursing, teaching (especially for children), and medicine. Moreover, there is no restriction on benefiting from woman's exceptional talent in any field. Even for the position of a judge, where there may be a tendency to doubt the woman's fitness for the post due to her more emotional nature, we find early Muslim scholars, such as Abu Hanifah and Al-Tabari, holding there is nothing wrong with it.

In addition, Islam restored to woman the right of inheritance, after she herself was an object of inheritance in some cultures. Her share is completely hers and no one can make any claim on it, including her father and her husband.

"Unto men (of the family) belongs a share of that which parents and near kindred leave and unto women a share of that which parents and near kindred leave whether it be a little or much, a determinate share." (Qur'an, 4-7)

Man in Islam is fully responsible for the maintenance of his wife, his children, and in some cases of his needy relatives, l especially the females. This responsibility is neither waived nor reduced because of his wife's wealth or because of her access to any personal income gained from work, rent profit, or any other legal means.

Woman, on the other hand, is far more secure financially and is far less burdened with any claims on her possessions. Her possessions before marriage do not transfer to her husband and she even keeps her maiden name. She has no obligation to spend on her family out of such properties or out of her income after marriage.

She is entitled to the "Mahr" which she takes from her husband at the time of marriage. If she is divorced, she may get an alimony from her ex-husband. 

An examination of the inheritance law within the overall framework of the Islamic Law reveals not only justice but also ad abundance of compassion for woman.

The Political Aspect

Any fair investigation of the teachings of Islam or into the history of the Islamic civilization will surely find a clear evidence of woman's equality with man in what we call today "political rights". 

This includes the right of election as well as the nomination to political offices. It also includes woman's right to participate in public affairs. Both in the Qur'an and in Islamic history we find examples of women who participated in serious discussions and argued even with the Prophet (peace be on him) himself. (see Qur'an 58:1-4 & 60:10-12).

During the Caliphate of Omar Ibn al-Khattab, a woman argued with him in the mosque, proved her point, and caused him to declare in the presence of people: "A woman is right and Omar is wrong."

Although not mentioned in the Qur'an, one Hadith of the Prophet interpreted to make woman ineligible for the position of head of state. The Hadith referred to is roughly translated: 

"A people will not prosper if they let a woman be their leader." 

It is a medical fact that during their monthly periods and during their pregnancies, women undergo various physiological and psychological changes. Such changes may occur during an emergency situation, thus affecting her decision, without considering the excessive strain which is produced. Moreover, some decisions require a maximum of rationality and a minimum of emotionality - a requirement which does not coincide with the instinctive nature of women.

Even in modern times, and in the most developed countries, it is rare to find a woman in the position of a head of state acting as more than a figurehead, a woman commander of the armed services, or even a proportionate number of women representatives in parliaments, or similar bodies. 

One cannot possibly ascribe this to backwardness of various nations or to any constitutional limitation on woman's right to be in such a position as a head of state or as a member of the parliament. It is more logical to explain the present situation in terms of the natural and indisputable differences between man and woman, a difference which does not imply any "supremacy" of one over the other. The difference implies rather the "complementary" roles of both the sexes in life.