Women's Rights in Islam by Dr. Muhammad Sharif Chaudhry (Chapter 21)

 

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WOMEN'S RIGHTS IN ISLAM

By Dr. Muhammad Sharif Chaudhry

 

CHAPTER 21

Can a Woman Rule?

 

  1. Verses of the Qur'an

  2. Ahadith of the Holy Prophet

  3. Arguments For and Against

  4. Views of Eminent Scholars

  5. Discussion and Conclusion

I ‑ VERSES OF THE QUR'AN

Those who oppose the above proposition and contend that a woman is not permitted by Islam to become the head of state or chief executive, produce the following verses of the Holy Qur'an in their support:‑

  1. Behold, thy Lord said to the angels: "I will create a vicegerent on earth." They said, "Wilt thou place therein one who will make mischief therein and shed blood?‑ whilst we do celebrate Thy praises and glorify Thy holy (name)?" He said: "I know what ye know not." (2:30)

  2. And behold, We said to the angels, "Bow down to Adam'; and they bowed down :Not so Iblis: he refused and was haughty: He was of those who reject Faith. (2:34)

  3. 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)

  4. And get two witnesses, out of your own men, and if there are not 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)

  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. Therefore the righteous women are devoutly obedient, and guard in (the husband's) absence what Allah would have them guard. (4:34)

  6. 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 Thou givest us a goodly child, we vow we shall (ever) be grateful." (7:189)

  7. Before thee, also the apostles We sent were but men, to whom We granted inspiration: if ye realise this not, ask of those who possess the Message. (21:7)

  8. And stay quietly in your houses, and make not a dazzling display, like that of the former Times of Ignorance; and establish regular prayer and give regular charity; and obey Allah and His Apostle. And Allah only wishes to remove all abomination froze you, ye Members of the Family, and to make you pure and spotless. (33:33)

  9. O Prophet! Tell thy wives and daughters, and the believing women, that they should cast their outer garments over their persons (when abroad):that is most convenient, that they should be known (as such) and not molested: And Allah is Oft‑Forgiving, Most Merciful. (33:59)

  10. Is then one brought up among trinkets, and unable to give a clear account in a dispute (to be associated with Allah)? (43:18)

Those who support the proposition and contend that a woman can become the head of a Muslim state or chief executive, refer to the following verses of the Holy Qur'an:‑

  1. And remember that Abraham was tried by his Lord, with certain Commands, which he fulfilled: He said: "I will make thee an Imam to the Nations." He pleaded: "And also (Imams) from my offspring!" He answered: "But My Promise is not within the reach of evil doers." (2:124)

  2. 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)

  3. 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)

  4. And in no wise covet those things in which Allah hath bestowed His gifts more freely on some of you than on others: to men is allotted what they earn, and to women what they earn: but ask Allah of His bounty; for Allah hath full knowledge of all things. (4:32)

  5. 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)

  6. (They are) those who, if We establish them in the land, establish regular prayer and give regular charity; enjoin the right and forbid wrong: with Allah rests the end (and decision) of (all) affairs. (22:24)

  7. (The queen) said: "Ye chiefs! Here is‑delivered to me‑a letter worthy of respect. "It is from Solomon, and is (as follows):"In the name of Allah, Most Gracious, Most Merciful: "Be ye not arrogant against me but come to me in submission to the true Religion."

She said: "Ye chiefs! Advise me in (this) my affair: no affair have I decided except in your presence." They said: "We are endued with strength, and given to vehement war: but the command is with thee; so consider what thou wilt command." She said: "King, when they enter a country, despoil it, and make the noblest of its people its meanest: thus do they behave. "But I am going to send him a present, and (wait) to see with what (answer) return (my) ambassadors." (27:29‑35)

  1. He said: "Transform her throne out of all recognition by her: Let us see whether she is guided (to the truth) or is one of those who receive no guidance." So when she arrived, she was asked, "Is this thy throne?" She said, "It was just like this: and knowledge was bestowed on us in advance of this, and we have submitted to Allah (in Islam)," and he diverted her from the worship of others besides Allah: for she was (sprung) of a people that had no faith. She was asked to enter that lofty Palace: but when she saw it, she thought it was a lake of water, and she (tucked up her skirts), uncovering her legs. He said: "This is but a palace paved smooth with slabs of glass." She said: "O my Lord!' I have indeed wronged my soul: I do (now) submit (in Islam), with Solomon, to the Lord of the Worlds." (27:41‑44)

  2. 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)

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II ‑ AHADITH OF THE PROPHET

Ahadith of the Prophet (PBUH) of Islam relevant to the subject are:‑

  1. Abu Bakrah reported: when it reached the Prophet that the Persians had enthroned a daughter of the Chosroe as queen over them, he said; never shall a people prosper who appoints a woman to conduct their affairs. (Bukhari)

  2. Abu Hurairah reported that the Messenger of Allah said: "When your rich are pious, your wealthy are generous and your affairs are governed by mutual consultation, the surface of earth is better for you than its crust; but when your rich are bad, your wealthy are miser and your affairs are conducted by women, the crust of the earth is better for you than its surface." (Tirmizi ‑ poor)

  3. Abu Saeed Al-Khudri reported that the Apostle of Allah came out for ‘Id‑ul‑Azha or ‘Id‑ul‑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 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

Let us examine the arguments of both the sides before we reach some conclusion. Those who oppose the rule of woman give the following arguments from the Qur'an and Hadith.

  1. It was Adam, the man and not the woman whom Allah placed as viceroy in the earth. (Al‑Qur'an 2:30) Since the man has been made viceroy, how a woman can rule? ‑ is the argument.

  2. It was Adam, the man; before whom the Angels prostrated at the command of Allah (Al‑Qur'an 2:34). So it is argued that the Angels prostrated before the man, how a woman can rule over him?

  3. Though the women have similar rights as men, yet the men are a degree above them (Al‑Qur'an 2:228). Hence the argument is: since the man is superior to woman, she cannot rule over him.

  4. Evidence of two women is equal to the evidence of one man (Al‑Qur'an 2:282), so the argument is that the woman who is half of man, how she can rule over him?

  5. Men have been declared as Qawwam (in charge of) of women and, according to some who translate the word Qawwam as ruler, they are rulers of women. (AI‑Qur'an 4:34). The man is the head of the family while a woman enjoys a secondary position. So it is argued that a woman who cannot become even head of the family in the presence of a man, how she can become head of the state or the nation?

  6. By referring to Al‑Qur'an (7:189) some argue that the function of women is to console the man and produce and bring up children and not to aspire for political offices.

  7. God has sent only men as prophets for guidance of, humanity (Al‑Qur'an 21:7). Since a woman has not been made Prophet, she cannot be ruler either.

  8. The women have been instructed to stay in their houses (Al‑Qur'an 33:33). One who cannot come out of her house except in the case of very essential need, then how can she be permitted to assume the responsibilities of the head of state which require full time engagements out of her home.

  9. The women have been directed to observe purdah when they come out of their houses (Al‑Qur'an 33:59). When a woman cannot come out of her house before the strangers without observing purdah, how she can hold political offices, specially the office of the head of state which requires frequent meetings with the men, not only from one's own country but also with foreigners.

  10. The woman is brought up in ornaments and in dispute cannot make herself plain (Al‑Qur'an 43:19). From this they argue that a woman is weak by nature. She is very delicate and is brought up in fineries and ornaments and lacks logical reasoning and sound argumentation. Therefore, she renders herself to be incapable of ruling.

  11. The Prophet of Islam, when he heard that the Persians had made the daughter of Kisra ruler over them, said: "Never shall a people prosper who make a woman their ruler"­(Bukhari). According to another Tradition, the Prophet of Islam called the women deficient in wisdom and religion (Hadith reported in Bukhari and Muslim).

Those who say that a woman can rule advance the following arguments.

  1. The Qur'an has not prohibited the rule of woman anywhere. Not to speak of prohibiting or condemning it in clear‑cut words in the direct manner, the Qur'an has not even uttered a single word in disapproving or disfavouring it. Had it been unlawful or haram, as the orthodox say, there would have been certainly revealed a verse declaring it so. When the Qur'an has not overlooked even minor issues while laying down the rules and regulations governing the conduct of an individual in the family and society, how it could overlook such an important and vital issue like the rule of woman if it is haram and adversely effects the progress and welfare of humanity. The silence of Qur'an on this crucial issue means that . the Muslim community has been left to decide it according to the circumstances and according to their best interest.

  2. It has been related in the Qur'an (2:124) that God was pleased with Prophet Abraham and appointed him a leader for mankind. In response to the question of the Prophet whether there would be leaders from his offspring also, God said that there would be leaders from his offspring but the wrongdoers from them would not be appointed leaders. Had the leadership of women been unlawful; God would have certainly said," My promise does not` include wrongdoers and women," instead of saying, "My promise includes not wrongdoers."

  3. The women have rights similar to those of the men (Al­Qur'an 2:228). If, the man has the ‑right to become head of state or government, why can't a woman aspire for this office?

  4. The story, of a woman ruler, the Queen of Sheba, has been related by the Qur'an in its chapter 27. From the description of the Qur'an, we come to notice that

  1. Her rule was not that of an autocrat: She had a very good quality of consulting others on all important affairs of the state (a quality which was lacking in most of the male rulers of her times).

  2. She was a very wise woman and her sound opinion could not be ignored. See how she convinces her chieftains to come to terms with (Prophet) Solomon.

  3. Like a true statesman, she was against war and loved peace. Instead of agreeing with her war lords, she advances very sound arguments against the war. Thus a decision is taken to start negotiations rather than going to war. Perhaps a chauvinist would not have adopted this course of action.

  4. Prophet Solomon tested her judgement bymiraculously producing her throne but in a disguised form and she recognised it.

  5. And on top of all that she accepts Islam when she meets the Prophet and sees the light despite the fact that she was the ruler of a disbelieving nation and had lived all her life among the polytheists and idolaters.

  1. The Qur'an has not talked of the rule of the Queen of Sheba with disapproval and condemnation or denunciation: Rather her habit of consulting others before taking decision on vital issues, her peace‑loving temperament, her wisdom and sound judgment, and her readiness to accept Islam at once rather than persisting in disbelief, have found special mention in the Qur'an.

  2. There is almost a consensus of opinion among the jurists and scholars of Islam that the functions of an Islamic state have been outlined by the Qur'an in its verse 41 of chapter 22. These functions include establishing of prayer, paying of zakat, and enjoining good and forbidding wrong. These very functions have been again mentioned in the verse 71 of chapter 9 of the Qur'an and the responsibility of discharging these functions has been laid on both the Muslim men and women.

  3. It is also held unanimously that verse 38 of chapter 42 of the Holy Qur'an provides the foundations of Islamic democracy when it lays down:"...and whose affairs are a matter of counsel..." If this verse is considered along with the verse preceding it and subsequent to it, we can easily understand that the Qur'an is mentioning the virtues of the believers, both male and female. One of these virtues is that they decide their affairs by mutual consultation. History is witness to many incidents when the Prophet (PBUH) himself consulted the believers before taking a decision. On some occasions he consulted the women also. At Hudeybia he consulted his wife Umme Salamah and made an important decision. From this it is evident that a woman can be a counsel. Since in a democratic government (and the system of government in Islam is democracy), the ruler is one of the counsels and conducts the affairs of the state in consultation, the modern scholars and the liberal thinkers infer that a woman can also become a ruler.

  4. To support their contention, they also argue that Hadrat `Ayesha, the wife of the Prophet (may Allah's peace be on him), commanded the troops and participated in the `Battle of the Camel' in order to get the Qisas of the murder of Hadrat Usman the third righteous Caliph.

  5. The supporters of the women's rule do not accept the Hadith. pertaining to daughter of Kisra as authentic since its reporter Abu Bakra was found guilty of false evidence and was punished by Hadrat Umar. The other Hadith regarding a woman's deficiency in wisdom and religion is not accepted being its contradiction with the teachings of the Qur'an and the Prophet (PBUH) of Islam about women.

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IV ‑ VIEWS OF EMINENT SCHOLARS

Now some views of the scholars are quoted for and against the rule of woman.

  1. Encyclopaedia of Seerah says: "That a woman is not only physically weak and mentally emotional, tender, sensitive and delicate, but is also under great strain for a few days every month 'during menstruation. Then " she has periods of physiological as well as psychological strain during pregnancy, birth and suckling. She is naturally most suited for the job of childbearing, and their nursing, training and education. The chief office of the state needs qualifications and qualities quite opposed to the natural endowments of a woman. Islam has therefore advised against entrusting the chief executive post of the leadership (imamat) of the nation to a ,woman for these very reasons, and not because of any feeling of hatred or contempt for her." It further says: "Muslim scholars have summed, up the qualifications necessary for a candidate for leadership in these words: he has independent judgement (of a mujtahid) in the fundamentals. and details of Din, so as to satisfy people of every opinion; he has a deep and penetrating vision of human problems and is fully acquainted with the strategies of war and peace, as otherwise, he will not be able to solve the multifarious problems facing Din and the Millat; and he should be a man of great determination and courage, so that no power can obstruct him in the fulfilment of his duties. Obviously, these qualities are more often found in men than in women; and even then in very few men."

  2. Maulana Ashraf Ali Thanvi, a leading scholar of the . Islamic world, gave a Fatwa in favour of the rule of Shahjahan Begum, the queen of Bhopal. The Maulana states that if the government is democratic and the affairs of the state are being conducted by the ruler with the help of elected representatives and in consultation with them, then there is no bar against the woman becoming the head of state or government. He argues that in such a situation the woman ruler is in fact one of the counsels and the woman is eligible for counselship because the Prophet of Islam consulted Umme Salamah at Hudeybia and acted upon her advice. To justify his view, the Maulana has relied on the reference of the Qur'an about the rule of Queen .of Sheba.

  3. Head of a leading religious and political party, Maulana Abul Ala Maududi, one of the greatest scholars of the modern Muslim world, favoured the candidature of a woman against a man for the Presidentship of Pakistan in the elections of 1964. It was argued that if one is confronted with a dilemma to choose between two evils, one must choose the lesser one. Another argument which was advanced to justify the action of the Maulana was: If on one side there is a woman possessing all the merits except that she is a woman and,on the other side there is a man having all the demerits except, that he is a man, you should support the woman in such a situation.

  4. Professor Rafiullah Shehab, in his book ‘Mansab‑e­Hukoomat our Musalman Aurat', quotes besides others the following authorities to support his contention that a Muslim woman can become head of state:‑

  1. Muhammad‑ bin‑Jarir Al Tabari, one of the early commentators of Islam, gave the verdict (Fatwa) that a Muslim, woman is eligible for all the offices in an Islamic state.

  2. Imam Malik, the founder of Maliki school of Islamic Fiqh is reported to have opined that a woman can head the state in all its affairs.

  3. Sheikh‑ul‑Islam Allama Khair‑ud‑Din Ramli has justified the rule of woman by the application of Doctrine of Necessity.

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V ‑ DISCUSSION AND CONCLUSION

If we make a thorough examination and critical appreciation of the arguments advanced by both the parties, people who are opposed to women's rule and people who support women's rule, we come to notice that none of these two parties has been able to carry their point. Arguments given in favour of the proposition and arguments given against the proposition are by and large indirect and generally not relevant. Arguments of both the parties, given by them from the Qur'an and Sunnah, neither prove the proposition nor disprove it. These arguments simply bring home the fact that man and woman are equal in some matters while in some other they are not equal as nature has intended different fields of activity for them. In fact there is no verse or injunction in the Holy Qur'an which directly and clearly either permits the rule of woman or prohibits her rule'. Similarly there is no Hadith or injunction of the Prophet (peace be upon him) which can be quoted to establish that the Holy Prophet either allowed the woman to become head of state and government or disallowed and forbade her to assume such responsibilities. The Tradition of the Prophet Muhammad (Allah's‑peace be upon him) about Kisra's daughter who was enthroned by the Persians`, is believed by many to be unreliable and unauthentic as the reporter of this Tradition was convicted and punished in a case of Hudood and his evidence is not dependable. Thus we can safely and without fear of contradiction conclude that the Qur'an and sunnah neither permit nor forbid the woman's rule.

The silence of the Qur'an and Hadith on this very important and vital issue is not without wisdom and sagacity. This deliberate silence means that Islam has given full freedom and discretion to the Muslim Ummah to decide this matter according to the ever changing socio‑political circumstances. Since the socio‑economic and political environments change with the passage of time effecting the human needs and necessities, no permanent injunctions laying down any hard and fast rules regarding the choice of the ruler or his sex, colour, race, language or other qualifications have been enunciated by the Qur'an and Sunnah. The choice has been left open to the Muslim community to decide according to their needs in the prevailing circumstances as to who should be their Amir or chief. Islam favours the form of government by consultation which in the modern jargon:. is called democratic form of government. In this form of government the people are free to elect anybody who, they feel, would be able to discharge the responsibilities of the highest office of the chief executive or head of state. The ruler in Islam is not a despot, autocrat or dictator. He is to rule in consultation with others. So the ruler may be a man or a woman, he or she is to discharge duties of the office with the consultation and advice of the elected representatives of the people.

The Qur'an condemns in open and unambiguous terms the rule of Pharaoh of Egypt who was a man, but it does not express even a slight disapproval of the rule of the Queen of Sheba who was a woman. So it is not the sex of the ruler which is important, but it is in fact the nature and spirit of the rule which is significant. Circumstances may arise for the Muslim Ummah when the benevolent and democratic rule of a woman like Queen of Sheba may be preferable to the despotic and tyrannical rule of a man like Pharaoh of Egypt. Pages of history bear witness to the fact that women became rulers in the Muslim world like Razia daughter of Sultan Iltutmash in India, in thirteenth century. Shajrat‑ul‑Darr daughter of King Najam‑ud‑Din in Egypt in thirteenth century, Chand Bibi in southern part of India in 16th century, Sutt‑ul‑Mulk daughter of caliph Al‑Aziz Billah in Egypt in 11th Century A.D. and Queen Shahjahan Begum of Bhopal in India in early 20th century. Their rule was never opposed by any of the well known ulema of their age, neither any of the contemporary jurists, scholars or leading ulema gave a Fatwa declaring their rule Haram (unlawful) on the basis of their sex. On the other hand; some ulema gave Fatwas to justify their rule, e.g., in case of Queen of Bhopal, Maulana Ashraf Ali Thanvi gave a Fatwa favouring her rule. However, we can easily find many examples in history when the scholars of Islam and the ulema vehemently opposed some male rulers because of their tyrannical and despotic rule. Only recently we have seen in Pakistan that most of the leading ulema supported the candidature of a woman for the highest post of the President of Pakistan in the elections of 1964. Thus the Muslim Ulema, unlike the Jewish and Christian clergy, have never opposed any advancement of the Muslim Ummah in educational, scientific, cultural and socio‑political fields.

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