Women's Rights in Islam by Dr. Muhammad Sharif Chaudhry (Chapter 19)

 

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WOMEN'S RIGHTS IN ISLAM

By Dr. Muhammad Sharif Chaudhry

 

CHAPTER 19

Rights to Participate in Socio-Political Life

 

  1. Verses of the Qur'an

  2. Ahadith of the Holy Prophet

  3. Women's Participation in Socio-political Life

  4. Views of the Renowned Scholars

I ‑ VERSES OF THE QUR'AN

The performance of religious obligations like prayer, fasting, Hajj, etc. are equally binding on the women as on the man. The Prophet (PBUH) used to take their Ba'iat also. Relevant verses are:

  1. And be steadfast in prayer; practise regular charity; and bow down your heads with those who bow down (in worship). (2:43)

  2. In it are Signs manifest; (for example), the Station of Abraham; whoever enters it attains security; Pilgrimage thereto is a duty men owe to Allah, ‑ those who can afford the journey; but if any deny faith, Allah stands not in need of any of His creatures. (3:97)

  3. The Believers, men and women, are protectors, one of another: they enjoin what is just, and forbid what is evil: they observe regular prayers, practise regular charity, and obey Allah and His apostle. On them will Allah pour His mercy: for Allah is Exalted in power, Wise. (9:71)

  4. Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them: and Allah is well acquainted with all that they do. And say to the believing women that they should lower their gaze and guard their modesty; (24:30‑31)

  5. Those who hearken to their Lord, and establish regular prayer; who (conduct) their affairs by mutual consultation; who spend out of what We bestow on them for Sustenance; (42 38)

  6. O Prophet! when believing women come to thee to take the oath of, fealty to thee, that they will. not associate in worship any other thing whatever with Allah, that they will not steal, that they will not commit adultery (or fornication), that they will not kill their children, that they will not utter slander, intentionally forging falsehood, and that they will not disobey thee in any just matter, —then do thou receive their fealty, and pray to Allah for the forgiveness (of their sins): for Allah is Oft‑Forgiving, Most Merciful. (60:12)

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II ‑ AHADITH OF THE PROPHET

Ahadith of the Prophet (Allah's peace be upon him) regarding the Bai'at of women, their participation in public

worship and their interest in socio‑religious festivals are as follows:‑

  1. It has been narrated on the authority of ‘A'isha, the wife of the Holy Prophet (may peace be upon him). She said: When the believing women migrated (to Medina) and came to the Messenger of Allah (may peace be upon him), they would be tested in accordance with the following words of Allah, the Almighty and Exalted: "O Prophet, when believing women come to thee to take the oath of fealty to thee that they will not associate in worship anything with God, that they will not steal, that they will not commit adultery ... " to the end of the verse (60:12).

Whoso from the believing women accepted these conditions and agreed to abide by them were considered to have offered themselves for swearing fealty. When they had (formally) declared their resolve to do so, the Messenger of Allah (may peace be upon him) would say to them: You may go. I have confirmed your fealty. By God, the hand of the Messenger of Allah (may peace be upon him) never touched the hand of a woman. He would take the oath of fealty from them by oral declaration. By God, the Messenger of Allah (may peace be upon him) never took any vow from women except that which God had ordered him to take, and his palm never touched the palm of a woman. When he had taken their vow, he would tell them that he had taken the oath from them orally. (Muslim)

  1. It has been narrated on the authority of ‘Urwa that ‘A'isha described to him the way the Holy Prophet (may peace be upon him) took the oath of fealty from women. She said: The Messenger of Allah (may peace be upon him) never touched a woman with his hand. He would only take a vow from her, and when he had taken the (verbal) vow, he would say: You may go. I have accepted your fealty. (Muslim)

  2. Ibn Umar reported that the Messenger of Allah said: When the wife of one of you seeks permission to go to the mosque, he must not prevent her. (Bukhari, Muslim)

  3. Zainab, wife of Abdullah‑b‑Mas'ud reported: The Apostle of Allah said to us: When one of you is present in the mosque, let her not touch perfume. (Muslim)

  4. Ibn Umar reported that the Messenger of Allah said:Don't prevent your women from (going to) the mosques, and their houses are better for them. (Abu Daud)

  5. Tariq‑b‑Shehab reported that the Messenger of Allah said:Jumu'ah is a duty binding upon every Muslim in congregation except upon four:slave, woman, boy or sick man. (Abu Daud)

  6. A woman of Banu Abdal‑As'hal reported: I asked: O Messenger of Allah! verily there is a rotten way for us to go to the mosque. So how shall we proceed when rain will overtake us? He asked: Is there no way better than this? `Yes', replied I. Then the latter is (to be preferred) to the former. (Abu Daud)

  7. Umme Atiyyq reported: The Messenger of Allah commanded us to bring out on Id‑ul‑Fitr and Id‑ul‑Adha young women, menstruating women and purdah‑observing ladies, menstruating women kept back from prayer, but participated in goodness and supplication of the Muslims. I said: Messenger of Allah, one of us does not have an outer garment. He said: Let her sister cover her with her outer garment. (Muslim)

  8. Jarir‑b‑Abdullah reported: I asked the Prophet about glance at a strange woman. He ordered ma to turn away my glance. (Muslim)

  9. Ibn Abbas was asked: Were you‑with the Prophet in an I'd prayer? `Yes', said he, the Messenger of Allah came out, prayed and then delivered sermon. He did not mention about Azan or Aqamat. Afterwards, he came to the women, gave them admonition, reminded them (of Allah) and enjoined them .to give alms. Then I saw them putting their hands to their ears and necks, throwing off (ornaments) to Bilal. (Bukhari, Muslim)

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III ‑ WOMAN'S PARTICIPATION IN SOCIO­-POLITICAL LIFE

In the light of the Qur'an and Sunnah, the rights of a Muslim woman to participate in public worship and socio-­political life of the Muslim Ummah are discussed below:‑

  1. "Establish worship, pay the poor ‑ due and bow your heads with those who bow (in worship)" ‑ (A1‑Qur'an 2:43). Again, the Qur'an says:"... And pilgrimage to the House is a duty unto Allah for mankind, for him who can find a way thither ... " (3:97). In both these verses, the address of the Qur'an is both to the Muslim men and the Muslim women. Performance of religious obligations like prayer, Zakat, pilgrimage and fasting is equally binding on every Muslim. Though the women have been given an option to establish their prayer in their houses, yet they are not forbidden to participate in I'd prayer, in Friday prayer or in daily prayers which are established in the mosques or other public places. I'd and Friday prayers are specially established in the bigger mosques or public places of worship and attract large gatherings. In addition to performance of a religious ritual, these gatherings are socially very important and every Muslim, man or woman, has right to participate in these gatherings. In early Islam, such meetings were utilized to discuss and decide the issues of common interest which had a bearing on the social or political life of the Muslim community. The Muslim women were encouraged to participate in these gatherings along with the men.

Similarly pilgrimage or Hajj is also a very important annual meeting of the Muslim Ummah, in which they not only perform a religious ritual but also meet each other and discuss the matters of mutual interest. The Hajj has been traditionally and historically the largest annual gathering of the Muslim Community carrying a good deal of social significance in addition to being a religious festival. To perform Hajj is as much a duty of a woman as that of man.

  1. According to verse 71 of chapter 9 of the Qur'an, the Muslim men and women are friends and helpers of each other. They are severally and jointly responsible for enjoining the right and forbidding the wrong, and for establishing worship and paying Zakat. To cooperate with each other for the good of the community and to protect their common interests, is the duty of Muslim men and women. They can form political or social organisations for protection of their religious, social and political rights and for promotion and advancement of Islamic values regarding socio‑economic and legal justice.

  2. One of the attributes of the believers, according to the Qur'an (42:38) is that their affairs are a matter of counsel. This verse is very important in the socio‑political life of Islam. It is of a great constitutional significance and has laid down the foundations of Islamic democracy. According to the Qur'an, the believers are to decide their matters with mutual consultation and no autocrat or dictator or despot has the authority to decide for them or impose his decision on them. The believers, men as well as women, have equal rights to participate, to discuss and decide their matters regarding social, public and political issues. In the matters where the Prophet of Islam did not receive any guidance from Allah through revelation, he used to consult his companions. Matters regarding Jihad, social or political life of the community were decided with mutual consultations by the Prophet (may Allah's peace be upon him). Men and women both were consulted and many such incidents have been reported in the compilations of Ahadith and books of Islamic history. When the Treaty of Hudaibiyah was signed with the Quraish and the depressed and disappointed companions were reluctant to sacrifice their animals, the Prophet (PBUH) consulted his wife Umme Salamah. On her advice, he offered his own sacrifice which had a salutary effect and adduced the response of the companions who followed suit. Once Hadrat Umar wanted to fix the maximum amount of dower, but he dropped the idea on the advice of a woman who drew the attention of the caliph to verse 20 of chapter 4 of the Qur'an. The righteous Caliphs used to consult the wives of the Prophet (peace be upon him) and other eminent female scholars on many important issues of public interest. This idea of mutual consultation led to the establishment of Shura or consultative body in the early days of Islam and right of vote, election of representatives, establishment of parliaments and election of the heads of Islamic republics in modern times. The women have equal rights with the men to elect their representatives and contest elections and seek for public offices.

  3. In verse 12 of chapter 60 of the Qur'an, the Almighty Allah has instructed the Prophet of Islam to take oath of allegiance (Bai'at) from the Muslim women. According to Marmaduke Pickthal, "It was the oath exacted from men also until the second pact of Al‑Aqabah when the duty of defence was added to the men's oath." Oath of allegiance or Bai'at in the Islamic state is not only a solemn promise on the part of every Muslim man or woman to uphold the Islamic values like belief in the unity of God, performance of acts of worship, abstinence from evils like stealing, adultery, telling lie, killing children, disobeying the Prophet, etc. but also a declaration on his or her part to remain loyal to the Muslim community and Islamic state through thick and thin and to protect it against internal disruption or external invasion. Muslim woman being equal citizen of the Islamic state has equal obligations and consequently equal rights with man. So the idea of Bai'at not only imposes certain liabilities on the citizens, men or women, but also confers reciprocal rights on them. If the idea is developed further and taken in the modern sense, it would include the right of vote, right of representation, right to elect the public representatives, head of the state and government and to participate in socio‑political activities of the state. So, from the idea of Mutual Consultation (AI‑Qur'an 42:38) and significance of Bai'at propounded by the Qur'an, we can safely conclude that the Qur'an vests the viceroyalty of God on earth in all the human beings, men and women, equally and gives equal rights to all the believers in the exercise of Sovereignty of God on earth. The Qur'an thus conferred such political and constitutional rights on its followers, both men and women, like franchise and right to participate in the state affairs, which have been obtained by the western and non­-Muslim people after a lot of struggle against their despotic monarchs.

  4. The Qur'an prescribes a code of conduct for the believing men and women when they come in each other's presence and when they meet each other. This has been done with a view to avert the possible evils which generally come up in the community as a result of free mixing of the men and women. So, some hard and fast rules of behaviour have been laid down. In its verses 30 and 31 of chapter 24, the Qur'an Commands the believers to lower their gaze and to be modest. In the verse 31 of chapter 24 and 59 of chapter 33, the Muslim women have been ordered to fulfil certain additional responsibilities regarding dress, purdah and keeping modesty. They have been forbidden to display their adornment except that which is apparent and over which they have got no control. They have also been instructed to dress up properly and cover their heads and bosoms with cloaks or sheets or outer‑garments when they come out of their homes. These verses do not order to shut the women in their homes like prisoners as some of the people suppose. Neither the women in the Muslim community have been secluded or segregated nor forbidden to come out of their houses. They can participate in all the religious and social gatherings provided they observe the commands regarding dress and purdah. The verses 30 and 31 of chapter 24 rather pre‑suppose that the women would come out of their houses and hence the command to the men and women to lower their gaze and be modest.

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IV ‑ VIEWS OF RENOWNED SCHOLARS

1. Encyclopaedia of Seerah writes: "This incident fully reflects the temperament, nature and attitude of Islam. The Prophet is praying for the participation of a woman in jihad, even though jihad is not obligatory on her; and in a jihad which is overseas, demanding all kinds of sacrifices and extreme patience against very heavy odds. This shows that Islam does not want woman to be totally excluded from collective social activities and never to come out of her own circle of activities. Its intention is that whenever there is a need and demand for her services in any field and there is sufficient talent and willingness available among them, society can make use of them in those areas where they are most suitable and effective in increasing the overall efficiency of the community without damaging the fundamental principle of AI‑Din."

At another place, the Encyclopaedia says: "Besides, there is sufficient historical evidence that women did assemble occasionally for their various needs and sometimes even presented their problems to the Prophet and received replies from him. On some occasions; they sent their representative to the Prophet to present their case. (Bukhari, Kitab al‑Istihsan).

The famous case of Asma bint Zaid, already described, when she presented the problems of women to the Prophet, and the covenant that he took from women when they accepted Islam are examples which indicate that women did sometimes present their collective problems to the Prophet and received satisfactory answers from him."

2. In his book, `The Spirit of Islam', Syed Ameer Ali writes about the position of woman in an Islamic society as under: ­"In the early centuries of Islam, almost until the extinction of the Saracenic empire in the East, women continued to occupy as exalted a position as in modern society. Zubaida, the wife of Harun, plays a conspicuous part in the history of the age, and by her virtues, as well as by her accomplishments, leaves an honoured name to posterity. Humaida, the wife of Faruk, a Medinite citizen, left for many years the sole guardian of her minor son, educates him to become one of the most distinguished jurisconsults of the day. Sukaina, or Sakina, the daughter of Husain, and•the grand‑daughter of Ali, was the most brilliant, most accomplished, and most virtuous woman of her time,‑ "la dame des dames de son temps, la plus belle, la plus gracieuse, la plus brillante de qualites." as Perron calls her. Herself no mean scholar, she prized the converse of learned and pious people. The ladies of the Prophet's family were noted for their learning, their virtues, and their strength of character. Buran, the wife of the Caliph Mamun, Umm‑ul­Fazl, Mamun's sister, married to the eighth Imam of the house of Ali, Umm-ul‑Habib, Mamun's daughter, were all famous for their scholarship. In the fifth century of the Hegira, the Sheikha Shuhda, designated Fakhr-un‑nisa ("the glory of women"), lectured publicly, at the Cathedral Mosque of Baghdad, to large audiences on literature, rhetoric, and poetry. She occupies in the annals of Islam a position of equality with the most distinguished 'ulama. What would have befallen this lady had she flourished among the fellow‑religionists of St. Cyril can be judged by the fate of Hypatia. Possibly she would not have been torn to pieces by enthusiastic Christians, but she would, to a certainty, have been burnt as a witch. Zat ul­Hemma, corrupted into Zemma, "the lion‑heart," heroine of many battles, fought side by side with the bravest knights."

"He draws the comparative picture of a Christian woman of those days as follows:‑

"In the early ages, when the religion of the people, high and low, the ignorant and educated, consisted only of the adoration of the mother of Jesus, the Church of Christ had placed the sex under a ban. Father after father had written upon the enormities of women, their evil 'tendencies, their inconceivable malignity. Tertullian represented the general feeling in a book in which he described women as "the devil's gateway, the unsealer of the forbidden tree, the deserter of the divine law, the destroyer of God's image‑man." Another authority declared with a revolting cynicism, "among women ‑he sought for chastity but found none." Chrysostom, who is recognised as a saint of high merit, "interpreted the general opinion of the Fathers," says Lecky, "when he pronounced women to be a necessary evil, a natural temptation, a desirable calamity, a domestic peril, a deadly fascination, a painted ill." The orthodox Church excluded women from the exercise of all religious functions excepting the lowliest. They were excluded absolutely from society; they were prohibited from appearing in public, from going to feasts or banquets. They were directed to remain in seclusion, to observe silence; to obey their husbands, and to apply ­themselves to weaving and spinning and cooking. If they ever went out they were to be clothed from head to foot. Such was the position of women in Christianity when Mariolatry was recognised and practised by all classes."

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