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 forbidden 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 forever." 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 81-8-9).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 24:6-9)

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 (24:6-9) 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 24:6-9 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 (con-sent) 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 32:9-9, 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 2-3, especially

3:6, 12, 17-17; Levi-ticus 12:1-7; 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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