Women's Rights in Islam by Dr. Muhammad Sharif Chaudhry (Chapter 20)

 

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WOMEN'S RIGHTS IN ISLAM

By Dr. Muhammad Sharif Chaudhry

 

CHAPTER 20

Is Woman Equal to Man?

 

  1. Verses of the Qur'an

  2. Ahadith of the Holy Prophet

  3. Arguments For and Against

  4. Views of the Renowned Scholars

I ‑ VERSES OF THE QUR'AN

Those who contend that a woman is equal to man in the matter of rights and obligations, quote the following verses of the Qur'an in their support:‑

  1. And be steadfast in prayer and regular in charity: and whatever good ye send forth for your souls before you, ye shall find it with Allah: for Allah sees well all that ye‑ do. (2:110)

  2. O ye who believe! the law of equality is prescribed to you in cases of murder: The free for the free, the slave for the slave, the woman for the woman. But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him 'with handsome gratitude; this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty. (2:178)

  3. O ye who believe! fasting is prescribed to you as it was prescribed to those before you, that ye may (learn) Self­restraint. (2:183)

  4. 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)

  5. 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 ye demand your mutual (rights), and (reverence) the wombs (that bore you):for Allah ever watches over you. (4:1)

  6. O ye who believe! Believe in Allah and His apostle, and the scripture which He hath‑ sent to His apostle and the scripture which He sent to those before (him). And who denieth Allah, His angels, His Books, His apostles, and the Day of Judgment, hath gone far, far astray. (4:136)

  7. As to the thief, male or female, cut off his or her hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted in Power. (5:38)

  8. Whoever works righteousness, man or woman, and has Faith, verily, to him will We give a new Life, a life that is good and pure, and We will bestow on such their reward according to the best of their actions. (16:97)

  9. The woman and the man guilty of adultery or fornication,‑ flog each of them with a hundred stripes; let not compassion move you in their case, in a matter Prescribed by Allah, if ye believe in Allah and the Last Day:And let a party of the believers witness their punishment. (24:2)

  10. For Muslim men and women= for believing men and women, for devout men and women, for true men and women, for men and women whe are patient and constant, for men and women who humble th&nselves, 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. (33:35)

  11. 11. O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that ye may know each other (not that ye may despise each other). Verily the most honoured of you in the sight of Allah is (he who is) the most righteous of you. And Allah has full knowledge and is well acquainted (with all things). (49:13)

  12. 12.‑ And of everything We have created pairs:that ye may receive instruction. (51:49)

Those who argue that a woman is not equal to a man, produce the following verses of the Qur'an in their support:‑

  1. And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. And Allah is Exalted in Power, Wise. (2:228)

  2. And get two witnesses, out of your own men, and if there are net two men, then a man and two women, such as ye choose, for witnesses, so that if one of them errs, the other can remind her. (2:282)

  3. If ye fear that ye shall not be able to deal justly with the orphans, marry women of your choice, two, or three, or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess. That will be more suitable, to prevent you from doing injustice. (4:3)

  4. Allah (thus) directs you as regards your children's (Inheritance):to the male, a portion equal to that of two females: if only daughters, two or more, their share is two­-thirds of the inheritance; if only one, her share is a half. (4:11)

  5. Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means... (4:34)

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II ‑ AHADITH OF THE PROPHET

The Traditions of the Prophet of Islam regarding the equality of man and woman in the matter of rights and obligations and their equality in criminal and civil law, are quoted below:‑

  1. Abu Bakr reported that the Messenger of Allah wrote to the inhabitants of Yemen and there was in his letter: whoso kills a believer unjustly will suffer retaliation for what his hand has done unless the relatives of the murdered man consent otherwise. And therein it was: A man shall be killed for (the murder of) a woman. And therein it was: For (the murder of) a life, there is a blood‑wit of 100 camels, 1000 dinars on the owner of gold. (Nisai, Darimi)

  2. Anas reported that the Messenger of Allah said: Search for knowledge is compulsory upon every Muslim male and female. (Ibn Majah)

  3. Umar‑b‑al‑Khattab reported ... the Messenger of Allah said: "Islam is ‑ that you attest that there is no deity but Allah and that Muhammad (PBUH) is the Messenger of Allah, that you keep up prayer, pay poor‑due, keep fast of Ramazan and make pilgrimage of the House provided you have means of making journey to it. (Muslim)

  4. Jaber‑b‑Abdullah reported that the Messenger of Allah said: Fear Allah regarding women ... you have got rights over them that they entertain nobody to your beds which you dislike ... they have got rights over you in respect of their food and clothing according to means. (Bukhari and Muslim)

  5. Abu Saeed Al Khudri reported that the Prophet of Allah came out for I'dul Adha or I'dul‑Fitr towards the praying place and passed by some women. He said; O Assembly of women, give alms and verily I see majority of you as the inmates of hell. They asked: O Messenger of Allah, for what? He said: You often take to curse and are ungrateful to companions. What I see from one of you about defect of wisdom and of religion in comparison with the wisdom of a wise man is a proof. They asked: And what is the defect in our religion and intelligence, O Messenger of Allah? He said :Is not the attestation of a woman like half of the attestation of a man? Yes, they said: And that is on account of her short intelligence. He said: Does she not, 'when she menstruates, desist from praying and fasting? Yes, said they. He said: That is on account of her defect in religion. (Bukhari, Muslim)

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III ‑ ARGUMENTS FOR AND AGAINST

The question of equality between man and woman has been debated from time immemorial and the controversy still goes on. Some people argue that they are equal to man while some other contend that they are riot equal.

Arguments of those who claim that men and women are equal, are:

  1. Man and woman both come from the same stock. God has created all of us from a single soul. Adam was created first and from him was created Eve and from this pair of human beings was created a multitude of men and women (Al‑Qur'an 4:1). Since the men and women have been created from the same parents, they are equal as human beings. Neither is a man superior to woman, nor is a woman superior to man. God has created everything in pairs. Man and woman are pair of the same species. They are zauj or spouses of each other. They are two complementary parts of humanity and . thus none is superior or inferior.

  2. Both man and woman are equally required to perform their religious obligations like belief in God and His Messenger, prayer, zakat, fasting and pilgrimage. When the Qur'an says: "Establish worship and pay the poor‑due ..." (2:110), it addresses both the man and the woman. Again, the Qur'an says: "And pilgrimage to the House is a duty unto Allah for mankind... " (3:97). In this verse also both man and woman have been required to perform Hajj. Fasting is also obligatory for the believers, men as well as women (Al‑Qur'an 2:183). In verse 136 of chapter 4, the Qur'an addresses the believers, men as well as women, to believe in Allah and His Messenger and the Scripture which He has revealed unto His Messenger . ... So in the matters of religious obligations both man and woman are equal and none is superior or inferior to the other.

  3. In case of crime, there is no discrimination and the punishment for one offence is the same for man and woman, e.g., theft (Al‑Qur'an 5:38), adultery (Al‑Qur'an 24:2), etc.

  4. In the matter of Qasas (retaliation) man and woman are equal. If a man kills a woman, he would be killed in retaliation. Similarly if a woman ‑kills a man, she would be killed in retaliation (Al‑Qur'an 2:178 and 5:45). Similarly in the matter of diyyat there is no distinction between a male and a female.

  5. Reward for good deeds is the same for the male as well as for the female (Al‑Qur'an 16:97)

  6. In the matter of rights, man and woman are equal (al­-Qur'an 2:228). the Qur'an says: "And they (women) have rights similar to those (of men) over them ..." we have already discussed a lot regarding the rights of woman in different fields of life.

  7. All human beings are equal. The Qur'an does not discriminate between them on the basis of sex, race, language, colour or place etc. However, in the sight of Allah the noblest of them, will be the man or woman, who is the best in conduct (Al‑Qur'an 49:13)

Those who hold that the woman is not equal to man produce the following arguments:

  1. Though the women have same rights as those of men, yet the men are superior to the women. The Qur'an says: "And they (women) have rights similar to those (of men) over them in kindness, and men are a degree above them". (2:228)

  2. According to verse 282 of chapter 2 of the Qur'an, the evidence of two women is equal to that of one man. Thus, they argue, that the man is superior to the woman.

  3. It is argued that the man is permitted to contract marriages with four women at a time (Al‑Qur'an 4:3) while the woman has not been given this right of contracting multiple marriages. So on the basis of this argument they claim that the woman is inferior to man.

  4. In the laws of inheritance laws, the man's share is double that of woman generally in the same category. Thus they refer to the verses 11, 12 and 176 of Surah 4 of the Qur'an and argue that the man is superior.

  5. According to verse 34 of Surah 4, the man is Qawwam of the woman and it is argued that he is, therefore, superior to her. However this argument is not sound and it does not justify the conclusion which is drawn. The verse itself explains the reason why man has been called Qawwam (caretaker) over woman. It is because the man earns bread for the family and spends his wealth for the maintenance of woman. This verse in fact demarcates duties and fields of activities between the man and the woman and lays down the responsibility of earning livelihood for the family on the shoulders of the man and running household as the duty of the woman.

If we thoroughly examine and weigh the arguments advanced by both the parties in favour of and against the proposition, we can conclude that these arguments are not relevant. In most of the matters, man and woman are equal particularly in the matter of rights and obligations. But in certain other matters they are unequal because nature has ordained different spheres of activities for them. Thus we can sum up the discussion in these words: Where the roles assigned to the mail and woman by nature are different, the man and woman would be unequal to each other; but where there is no inconsistency between their roles and they are being judged as the members of the same species having similar rights and obligations, they are perfectly equal.

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IV ‑ VIEWS OF RENOWNED SCHOLARS

1. Dr. Hamidullah, in his famous work, "Introduction to Islam", writes:

"To avoid redundance, Nature has not willed a perfect equality among the two sexes, but a complemental distribution of avocations and functions. 1" or instance, it will not be possible for man to conceive a baby; similarly the natural attributes of men cannot be exercised by women. She has a more delicate physical constitution, affecting even the weight of her brain and bones, and she will have a taste more in conformity with the need of the conservation of this delicacy. More robust, man will have greater strength and therefore more endowed to engage in the more painful parts of life. To each will be according to his (or her) requirements, both natural and reasonable.

If there is a certain natural inequality between the two sexes, in many other aspects of life they resemble each other. Therefore their rights and obligations in these domains will also be similar.

This sums up, in a way, the Islamic teachings on woman: She is considered equal to man in certain respects and not so in certain others. This could be understood better in the description of her obligations and her rights:"

2. Encyclopaedia of Seerah says: "Islam recognises biological and physiological differences between the two sexes and the consequent differences in the nature and areas of their activities and functions in practical life. It determines their functions, their place and their duties in the social system on the basis of these differences."

It further says at another place: "Islam recognises woman as an equal and full partner to man in their matrimonial relationship. Man is the father and the bread‑winner and woman is the mother and the manager of the household and the role of both is equally essential for the successful working of the family life, fundamental and primary root of human civilisation."

About the equality of man and woman in criminal and civil laws and also about the privileges of women in certain obligations the Encyclopaedia of Seerah says: "A woman enjoys perfect equality with man in so far as civil and penal laws are concerned. In the eyes of the law, both sexes are equal and are treated alike, the same legal penalties being imposed on both men and women for breaking any moral, civil or criminal laws. Both enjoy equal rights and privileges as members of the Islamic.. society. In civil law, women lead exactly the same life, with the same rights and obligations as men. However, women enjoy certain privileges and exemptions because of their physiological and biological functions. They are exempt from some religious duties such as daily prayer and annual fasting in the month of Ramadan during menstrual periods and during confinement and are permanently exempt from obligatory congregational Friday prayer."

3. "Whatever the rights women have obtained through demonstrations, strikes and other weapons of persuasion are still far short of the standard set by the Holy Prophet fourteen hundred years ago. "The woman is still inferior in Western eyes as she was in the past ages of ignorance."

In the West, a real genuine woman has yet to have respect as the queen of a home, the wife of a husband, the mother of children. The so‑called respect that she enjoys today is, in fact, for being a he‑woman or a she‑man who is physiologically a woman, but mentally a man and who pursues masculine activities in life. Obviously, this respect is for manhood, not for womanhood." (Encyclopaedia of Seerah)

It may, however; be pointed out that although woman, as a human being occupies equal status with man and is treated as equal, and enjoys equal rights, privileges etc., the fact remains that there is a differences between the sexes: No amount of debating or discussion, physical exercise or hard, industrial work can change her sex. As a woman, her special function in life is different from that of a man and she is naturally equipped with a different physical, physiological, biological, and even psychological structure. Islam has taken these natural differences between the sexes into account in differentiating roles and allotting functions to each sex. Therefore to talk of absolute equality between men and women is complete nonsense. Their general equality as human beings is quite natural and reasonable because men and women are two complementary parts of humanity proceeding from common parents. But to assign them equal or. similar functions in life is preposterous because it is physically impossible to interchange their functions, e.g., men sharing in conception, birth, suckling, etc. Islam has therefore given due allowance to these factors and treated men and women on the basis of equality where there is a natural scope for it, and differentiated between them where such differentiation is in accordance with nature. (Syed Muhammad Qutb: Islam the Misunderstood Religion quoted by Encyclopaedia of Seerah.)

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