Women's Rights in Islam by Dr. Muhammad Sharif Chaudhry (Chapter 22)

 

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WOMEN'S RIGHTS IN ISLAM

By Dr. Muhammad Sharif Chaudhry

 

CHAPTER 22

Status of Woman

 

  1. Verses of Al-Qur'an

  2. Ahadith of the Holy Prophet

  3. Her Status in the Light of Qur'an and Hadith

  4. Status of Women in Non-Muslim Nations

  5. Feminist Movements and Women's Rights in the Modern World

  6. Woman Suffrage

  7. Woman in Pakistan

I- VERSES OF AL-QUR'AN

Following verses of the Qur'an establish beyond any shadow of doubt that Islam gives very high status to the women:‑

  1. Permitted to you, on the night of the fasts, is the approach to your wives. They are your garments and ye are their garments. (2:187)

  2. Your wives are as a tilth unto you; so approach your tilth when or how ye will: But do some good act for your souls beforehand; and fear Allah, and know that ye are to meet Him (in the Hereafter) and give (these) good tidings to those who believe. (2:223)

  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. 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)

  5. From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large, ‑ a determinate share. (4:7)

  6. And in no wise covet those things in which Allah hath bestowed His gift 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 o£ all things. (4:32)

  7. 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)

  8. 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)

  9. 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)

  10. And Allah has made for you mates (and companions) of your own nature, and made for you, out of them, sons and daughters and grandchildren, and provided for you sustenance of the best: will they then believe in vain things, and be ungrateful for Allah's favours? (16:72)

  11. 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)

  12. And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquillity with them, and He has put love and mercy between your (hearts):Verily in that are signs for those who reflect:(30:21)

  13. And We have enjoined on man (to be good) to his parents; In travail upon travail did his mother bear him, and in years twain was his weaning; (hear the command), "Show gratitude to Me and to thy parents; to Me is (thy final) goal. (31:14)

  14. The Prophet is closer to the Believers than their own selves, and his wives are their mothers. (33:6)

  15. For Muslim men and women, ‑ 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. (33:35)

  16. 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)

  17. And of everything We have created pairs: That ye may receive instruction. (51:49)

  18. And Allah sets forth, as an example to' those who believe, the wife of Pharaoh: Behold, she said: "O my Lord! build for me, in nearness to Thee, a mansion in the Garden, and save me from Pharaoh and his doings, and save me from those that do wrong", And Mary the daughter of ‘Imran, who guarded her chastity; and We breathed into her (body) of Our spirit; and she testified to the truth of the words of her Lord and of His Revelations, and was one of the devout (servants). (66:11‑12)

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II ‑ AHADITH OF THE PROPHET (PBUH.)

Traditions of the Prophet of Islam about the status of women are quoted as under:‑

  1. Muawiyah‑b‑Ja'hemah reported that Ja'hemah came to the Messenger of Allah! t intend to join a battle and have come to you for consultation. He enquired: Have you got mother? `Yes' replied he. He said: Then keep near her, because Paradise is at her feet. (Ahmad, Nisai, Baihaqi)

  2. Bahaj‑b‑Hakim reported from his father who from his grandfather who had reported: I asked: O Messenger of Allah! who is to be most obeyed? He said: Your mother. I asked: who is next? He said: Your mother, I asked: who is next? He said: Your mother. I asked: who is next? He said: Your father; and then your nearer relations and then your near relations. (Tirmizi, Abu Daud)

  3. Mugirah reported that the Messenger of Allah said; Allah made unlawful to you disobedience to mothers, burying live of daughters, and refusing help. And he disliked for you frivolous gossips, frequent questions and squandering property. (Bukhari, Muslim)

  4. In his famous Farewell Address, delivered at Arafat on the occasion of his last pilgrimage in 10 A.H., the Prophet Muhammad (peace be upon him) declared: "Well then, people! verily there are rights in favour of your women which are incumbent upon you, and there are rights in favour of you which are incumbent upon them. As to what is incumbent upon them in your regard, is that they should not let your beds be trampled by others than you, should not allow those to enter your houses whom you do not like without your authorization, and should not commit turpitude. If they do commit that, then God has given you permission to reprimand them, to separate yourself from them in beds, and to strike them but not hard. If they abstain and obey you, then it is incumbent upon you to provide their food and dress in accordance with good custom. And I command you to treat women well, because they are like captives in your houses, possessing nothing for themselves, and you, on your part, take them as a deposit from God, and permit yourselves the enjoyment of their persons by means of a word of God. Have therefore the fear of God with regard to women, and I order you to treat them well. Attention! Have I communicated? O God, be witness!" (Ibn Hasham quoted by Dr. Hamidullah)

  5. Hakim‑b‑Muawiyah from his father reported: I asked: O Messenger of Allah! what right has the wife of one among us got over him? He said it is that you shall give her food when you have taken your food, that you shall clothe her when you have clothed yourself, that you shall not slap her on the face, nor revile (her), nor leave (her) alone except within the house. (Ahmad, Abu Daud, Ibn Majah)

  6. Abu Hurairah reported that the Messenger of Allah said: The most perfect of the believers in faith is he who is the best of them in conduct, and the best of you are those who are the best to their wives. [Tirmizi (approved, correct)]

  7. Anas reported that the Messenger of Allah said: When a woman says her five (prayers) and fasts her month, and guards her private parts, and obeys her husband, let her enter Paradise by whichever door she likes. (Abu Nayeem in Hilya)

  8. Abu Omamah reported from the Messenger of Allah who used to say: Next to fear of Allah the believer finds nothing good for him than a virtuous wife. If he bids her, she obeys him; if he looks at her she gives him pleasure; if he gives her a promise, she fulfils it, and if he is absent from her, she guards herself and his property. (Ibn Majah)

  9. "It is reported by Abdullah bin Umar that during the life­time of the Holy Prophet, the companions treated their wives most politely for fear that a Commandment concerning them might be revealed, and not until he had passed away did they begin talking with them freely." (Bukhari).

  10. Anas reported that the Messenger of Allah said: Whoever maintains two girls till they attain maturity, he and I will come on the Resurrection Day like this; and he joined his fingers. (Muslim)

  11. ‘Ayesha reported: A woman came to me, while there were two of her daughters with her. She was begging of me, but found nothing from me except one date which I gave her. She divided it; between her two daughters and she herself did take nothing out of it. Then she got up and went away. The Holy Prophet came and I informed him (of it). He said: Whoever suffers for any thing on account of these daughters and (still) treats them with kindness, they will be a shield for him from hell. (Bukhari and Muslim)

  12. Ibn Abbas reported that the Messenger of Allah said: If any body has got a female child, and then does neither bury her alive, nor treats her unjustly, nor prefers his children (meaning male children) to her, Allah will admit him in Paradise. (Abu Daud)

  13. Ibn Abbas reported that the Holy Prophet said: "If one brings up three daughters or sisters, teaches them good manners and treats them kindly and lovingly till they no longer need his help, Allah will make Paradise obligatory for him." One man said: what if he has two? He replied. And he also, Ibn Abbas said that if the people had enquired about one, the Prophet would have said the same thing. (Shariah Sunnah)

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III ‑ HER STATUS IN THE LIGHT OF THE .QUR'AN AND HADITH

  1. Man and woman proceed from the same stock, they are the members of the same species and they are born of the same parents. The Qur'an says: "O Mankind! reverence your Guardian ‑ Lord, Who created you from a single soul, created, of like nature, his mate, and from them twain scattered (like seeds) countless men and women‑..." (4:1). God created Adam and from him created Eve and from this pair of human beings, He spread abroad a multitude of human beings. God has created everything in pairs (Al‑Qur'an 51:49) and the man and woman form one pair among the creations of God. Man and woman are members of humankind and the Qur'an has invariably called them spouses of each other or helpmates and companions of each other. As human beings, man and woman are equal having the same human rights and obligations. Man and woman, when they are united, constitute a family. Man is the father and bread‑winner of the family while woman is the mother and mistress of the house, managing the .house and bringing up the children. Role .of both is equally essential for the cause and advancement of humanity. Man and woman are two complementary parts of humanity and in the absence of one of them, humanity is not complete. The roles of the man and woman are neither opposed to each other nor inferior or superior to each . other, but are equally important and complementary of one another.

  2. Woman enjoys very high status of respect and honour in an Islamic society. As a wife she is the queen and mistress of the house. She manages the house and brings up and trains the children. She enjoys full and complete social, religious, cultural, legal and economic rights. She is entitled to receive dower and maintenance from her husband. She can own and manage her property and can also purchase or sell the property without the intervention of her husband. She can sue and can be sued and she can enter into contracts independently of her husband. In case of differences with her husband she can nominate an arbiter or can take the matter to the court. She can get divorce or‑can seek the dissolution of marriage in certain situations. Husband and wife are garments of each other being very near and close to each other. They are for mutual support, comfort and protection of each other. The Qur'an calls the wife as the tilth of the husband and thus lays down the responsibility of her protection and security on her husband. According to the Qur'an, the women have similar rights on men as the. men have got over the women (Al‑Qur'an 2:228). Thus she enjoys equal rights with her husband. (For details, please see chapter 2).

  3. In the position of a mother, the woman enjoys a unique status of honour and esteem. She is the focus of attention for all the members of the family. In a Muslim home her opinions carry a lot of weight in all family matters. This is due to the teachings of Islam. The Qur'an ordains that the obedience to parents is next to obedience to God. When the Qur'an enjoins upon the believers to obey their parents; it especially mentions the services rendered by the mother (31:14) and thus indirectly places the position of the mother above that of the father. The Prophet of Islam (may Allah's peace be upon him), according to a well reported Tradition, declared in unambiguous words that the best person for one's association and obedience is one's mother. According to another tradition, the Prophet (PBUH) declared that the paradise is under the feet of one's mother. As mother she enjoys many legal rights in addition to respect and obedience. She is entitled to receive share in inheritance from her children and is also' entitled to receive maintenance from her children in certain situations. (For details, please see chapter 1)

  4. The Qur'an in its verses (58 and 59 of chapter 16) draws a very vivid picture of the pagan Arabs on the birth of a female child. The birth of daughters was considered to be a bad omen in the family and a matter of great shame and insult. So the evil custom of burying alive of female children in infancy was common in certain tribes of the pagan Arabs. Islam not only abolished this criminal practice of killing the daughters but also enjoined upon the parents to accord the daughters equal treatment with their sons. The Prophet (PBUH) declared the act of bringing up of daughters and giving them good treatment to be a shield for the parents from hell. According to another tradition, the Prophet (PBUH) said that whoever brings up two daughters, treats them well and educates them, Allah will make paradise obligatory for him. As daughter, the female has got equal rights with the male children of her parents. She is entitled to maintenance and receives share in inheritance (please see chapter 3). Woman also enjoys respectable status in the position of sister in a Muslim home. She receives inheritance on the death of her brothers in certain circumstances. According to an authentic Tradition the Prophet declared whoever brings up two or more sisters and ‑teaches them good manners, Allah makes paradise obligatory for him. (For details, please see chapter 4).

  5. Islam has conferred the same religious, social, economic, legal and political rights and obligations on the woman as those which have been bestowed upon the man. Like man she is obliged to discharge all the duties placed upon her by the Islamic faith such as worship of one God, belief in God and His Messenger, prayer, Zakat, fasting and pilgrimage. However on account of her nature and physical constitution, she has been given certain concessions in the fulfilment of certain religious obligations in some situations. She is exempt from Jihad and Ju’muah prayer in congregation in the mosque. During menstruation she is exempt from fasting, prayer and certain rituals in Hajj. Otherwise a man and woman are equal in the performance of religious duties.

Woman in Islam enjoys very wide legal rights. She has got rights of getting married as much as a man has got. She has full liberty to choose her partner in life. No marriage under Muslim Law can be solemnised without her consent. If she is forced into marriage, she can sue in a court of law for its dissolution. If she is married during her minority, she can exercise her option after attaining puberty and can repudiate the marriage. She is entitled to maintenance from her husband like food, clothing and lodgement. She enjoys absolute and unrestricted rights regarding dower or bridal gift. which she is entitled to receive from her husband. It is interesting to note that the husband has got no such right to receive any obligatory gift from his wife. She can get divorce and can seek for dissolution of marriage in certain situations. Woman enjoys rights of property in Islam. She can acquire, own, possess and dispose of her property independently of her father or husband. Islam has bestowed upon her rights of inheritance in her various positions like wife, mother, daughter and sister after the death of her close relatives.

In the social and political field also, she enjoys many rights. She can participate in all the social, public and religious festivals and events after observing the rules of decency, modesty and proper dress. She can adopt any profession or legitimate source of earning income and can participate in the family welfare. She has as much rights for getting education as a man has got. She can participate in Jihad though it is not obligatory for her. In the political life of Muslim Ummah she can not only participate but also enjoys rights and obligations. The Qur'an prescribes the mode of her Ba'iat (allegiance to the Prophet PBUH). Female citizens of an Islamic state have also got right of mutual consultation and of being consulted as the male citizens have. Islamic history bears evidence that the Prophet (PBUH) and the pious caliphs used to consult the women in many important matters. Enjoining good and forbidding wrong is an important political function of an Islamic state and the woman have also been enjoined by the Qur'an (9:71.) to discharge this duty along with men. In the modern interpretation(and construction of these concepts, she enjoys right of vote, right to contest for elections and right to seek for public offices.

  1. The question of absolute equality between man and woman is a complete nonsense according to Islam. ,As discussed above, Islam confers equal rights on the women and men in various fields of life. As a human being woman enjoys equal status and equal. rights with man. But in certain spheres of life, Islam makes distinction between a man and a woman and bestows different rights and obligations on them. It is not on account of any hatred or prejudice against any sex but due to the natural, biological .and physiological differences between the sexes. Islam has taken these natural differences into account and has assigned distinct roles and functions to each sex. So Islam treats the man and woman as equal in most of the fields of human life, but it differentiates between them when there is natural scope for it: Otherwise as human beings, as. complementary parts of humanity, as spouses of each other and as members of the same pair of human species; men and women are equal. The Qur'an says: "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. Verily the most honoured of you in the sight of Allah is he who is the most righteous of you ...." (49:13). Thus Islam does not make any distinction among the human beings on the basis of colour, race, sex, language, place of birth etc.

  2. Islam has done indeed a great service to the humanity by emancipating the women from so many religious, moral, legal, social and political taboos. It has raised the status of woman and uplifted her to the honourable and respectable position of a human being while she had been degraded to the position o a mere chattel and a piece of property. However, it is a great pity that many people particularly non‑Muslim scholars have tried to belittle the importance of this great contribution o Islam. By referring to the verses of the Qur'an regarding the evidence of woman (2:282), woman's share in inheritance (4:11.12)'permission of polygamy to man (4:3) and instruction; regarding purdah (Al‑Qur'an 24:31, 33:59), they try to establish that Islam has granted lesser legal rights to the woman in comparison with man and thus has given a lower status to the woman. These objections have been discussed a~ length in the relevant chapters of this book and have been rejected as. nonsensical and ridiculous. To recapitulate we can briefly say that so far as woman's evidence is concerned, it is not equal to man only in cases of complicated commercial and mercantile transactions. Evidence is to be given by only one woman and the presence of the other woman is required to remind her if she forgets. (For details; see chapter 10). Her share in inheritance is generally equal to one half of that of man simply because Islam places the responsibility of earning livelihood for the family on the shoulders of man and absolves the woman of any such responsibility (For details, see chapter 9). So far as polygamy is concerned that had existed in the world from time immemorial and most often in its worst forms. It is Islam which restricted this practice by limiting number of wives at four and linking the permission with the equality bf treatment and justice between the wives (for details, see chapter 11). No doubt some instructions have been issued to the women regarding observing, of modesty and wearing of proper dress when they come out of their houses, but by doing so, Islam has not in any way restricted their movement or made them prisoners confined in their houses. Rather, Islam has taken these measures to protect their person and honour from men of loose character and eve‑teasers. (For details, please see chapter 12).

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V ‑ STATUS OF WOMAN IN NON‑MUSLIM NATIONS

Woman had practically no status and no rights in the non-­Muslim nations of ancient and medieval times. Before the advent of Islam, the women were no better than animals or chattels. In many countries of the world they were generally regarded as slaves or at the best as domestic servants whose chief duty was to serve the men and please them by satisfying their sexual appetite. They had no rights or privileges in any sphere of life like social, economic, legal or political. They had no rights of inheritance, no rights of owning of property, no rights of earning livelihood, no rights in marriage, dower or divorce, not to speak of any political rights. They were treated like commercial goods and purchased and sold in open markets. For years together, the scholars and philosophers remained engaged in interesting debates over the issues like; whether a woman has got a soul? whether a woman is a human being? whether she possesses any entity? whether she has got any honour? whether she has some rights? etc. etc. Now let us study briefly the plight of woman in various leading civilizations and communities of the world.

  1. Women in ideal Jewish society were viewed as wives and mothers. They managed the household and _ produced the children. Their contracts could be disallowed by their husbands or fathers. Women were responsible for the religious training of their children, yet had no public religious role. Polygamy and divorce were allowed. Men and women were punished for adultery, women more severely. Menstruating women were avoided as unclean. The word for wife, beulah, meant "owned" and the scriptures instructed the wife: "Thy desire shall be to thy husband, and he shall rule over thee."[1] The husband had proprietary rights over his wife. The property rights of the wife were limited. Her earnings and her property income belonged to her husband. In ancient Israel, a husband could divorce his wife at any time. Though dower was specified in the contract of marriage but was seldom handed over to the wife for her use and enjoyment. The woman had got no right to demand divorce from her husband for any reason whatsoever[2]. In the matters of inheritance, daughters were excluded by sons and mothers inherited nothing from their children. Polygamy was common and Mosaic law did not impose any restrictions on the number of wives a Hebrew husband could have. A father had rights of selling his daughter during minority. Ten men were required in offering a public prayer and if there were nine men and lot of women, the prayer could not be offered as the women were counted to be non‑entities. A woman was not to touch pickles, wine or soup if she was not ritually cleansed[3].

  2. Christian doctrine both praised women and blamed them for Adam's fall. Jesus welcomed women as well ‑as men as followers. However, Saint Paul forbade them to preach or teach[4]. Jesus Christ did not forbid polygamy. The canon law of the Christian church did not provide for divorce. Separation could be granted by the church only upon the proof of sufficiently serious grounds like adultery, extreme cruelty or heresy of one of the partners. Following views of some early Christian doctors throw light on the status of women in Christian society:(quoted by Syed Muzaffar‑ud­Din Nadvi in his book Human Rights and Obligations)

"Woman is the organ of the Devil." ‑St. Bernard.

"Woman is the fountain of the arm of the Devil, her voice is the hissing of the serpent." ‑ St. Antony.

"Woman is a scorpion, ever ready to sting. She is the lance of the Demon." ‑ St. Bonaventure.

"Woman is the instrument which the Devil uses to gain possession of our souls." ‑ St. Cyprian:

"Women is the gate of the Devil. The road of inequity, the sting of the scorpion." ‑ St. Jerome.

"Woman is a daughter of Falsehood, a sentinel of Hell, the enemy of Peace; through her Adam lost Paradise." ‑St. John Damascene.

"Through woman the Devil has triumphed, through her Paradise has been lost; of all beasts, the most dangerous is woman." ‑ St. John Chrysoston.

"Woman has the poison of an asp, the malice of a dragon." ‑ St. Gregory, the Great.

  1. Hindus in India absolutely gave no status to a woman. Under Hindu Law, wife was under complete‑ subjugation of her husband who could seize her property at any time. Child marriage was the common practice and the minor had no right to repudiate such a marriage after attaining puberty. Sons excluded daughters from inheritance. Widows and other females had got no absolute rights in the estate left by the deceased relations. In the laws of inheritance, distinction was also made between, self acquired and ancestral properties. Hindu Law considers the marriage as sacrament and makes no provision for its dissolution. In the early Hindu period, polygamy was in practice with no limit as to number of wives. A high caste Brahmin even today is allowed to have as many wives as he chooses[5]. A woman was considered as a source of sin and moral degradation. She addressed her husband as "My God". The law required the woman to be extremely obedient and submissive to her husband so much so that she should practically worship him and in certain situations even die with him. Views of some Hindu law‑givers about the status of woman are given as under:(quoted by Syed Muzaffar‑ud‑Din Nadvi in his book Human Rights and Obligations).

"A wife, a son and a slave are devoid of property. Whatever they acquire becomes his whose they are." ‑ Manu viii, 416.

"A woman is never fit for independence." ‑ Manu ix, 3.

"Women are devoid of the senses, and incompetent to inherit." ‑ Baudhayan.

"Drums, peasants,. the depressed animals and women ‑ all these ought' to be kept under iron sway" enjoins the Ramayan.

"There can be no friendship with women. Women's hearts are in fact the dens of wolves" ‑ Rig Veda:10, 95, 15.

"A woman's‑ heart is devoid of self‑control and fidelity, and in the balance of reason she weighs very light" ‑ Rig Veda:8, 13, 17.

  1. In Rome, men who were citizens had public responsibilities and women were to bear children and manage household. Poor women found ways to add to the family income and peasant women worked in the fields. With the passage of time, Roman women gained the right to conduct their business and personal affairs themselves and also to attend public functions. Prostitution was common. Prostitutes had less restrictions, so some women got themselves registered as prostitutes in order to get freedom. Slave women were economically and sexually exploited[6]. The Romans gave power to the men of propertied class to divorce their wives. The husband simply presented his wife with a letter declaring their mutual release. But the wife had no right to sue for divorce[7].

  2. The Greeks considered the women inferior to men. They followed Aristotle's view that women should be passive, obedient and silent. Generally the women could only leave their homes to attend funerals and some religious celebrations. They had no control over the property they could own or inherit. Wives were usually less educated and significantly younger to their husbands. Prostitution was common and slave women had a miserable plight[8]. The wife was a mere chattel marketable and transferable to others and subject of testamentary disposition. She was regarded as an indispensable evil for ordering of a household and procreation of children[9]. The husband could dismiss his wife for any cause. However the wife had no right to leave the house of her husband. She could only present her case to the court on grounds of cruelty and degenerate behaviour[10]. The Greek women were always considered as minors and were expected to obey blindly their male kinsmen. A chaste woman was a precious thing. House of a prostitute became focus of all attention which attracted all the classes of Greek society.

  3. Status of woman in China was perhaps at the lowest ebb. The women were given the lowest position in society while they performed most of the menial jobs. Nobody was happy when a female child was born. So none wept for or mourned her death. Marriage was arranged by formal agreement between the heads of the families. After marriage, a woman passed on under the authority of her husband and his family. Any property brought by the bride, apart from her personal ornaments, was transferred to the ownership of her husband's family. The position of a bride was largely weak, but it strengthened with time more particularly after the birth of sons and performance of mourning for her husband's seniors[11].

  4. Among the pre‑Islamic pagan Arabs, the wife had no locus standi. She was considered to be a mere chattel and was regarded to have no soul. The woman was treated like a very inferior creature. The Qur'an draws a very vivid picture of a pagan Arab on the birth of a daughter. When anyone of the pagans received the news of the birth of a female‑child, his face turned black and he started hiding himself from the people because of the ‘sad news'. He asked himself: "Should I bear this insult and keep up with it or should' I bury it alive? So the evil practice of burying the female children alive was common among the pagan Arab tribes. Women, after the death of their husbands, were inherited by the sons like ordinary pieces of property. The power of divorce possessed by the husband was unrestricted and unlimited. They knew no rule of humanity in treating their wives. Under the laws of inheritance, succession was confined only to able male relations who could take up arms to defend the tribe against foreign aggression. Wives, mothers, sisters, daughters, minors, incapable, and infirm male heirs had no right in the estate of the deceased. Polygamy was common and prostitution was generally run through the slave girls.

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V ‑ FEMINIST MOVEMENTS AND WOMEN'S RIGHTS IN THE MODERN WORLD

Demands by women for equal rights and equal status with men and freedom to decide their own careers and life patterns have been a continual theme in western society for at least the last two hundred years. The American Revolution of 1776 and French Revolution of 1789 perhaps provided the philosophical basis to the western women for their own insurrections. Mary Wollstonecraft wrote "A vindication of the Rights of woman" is sharp reaction to the revolutionary French Declaration of the Rights of Man. Her book was published in 1792 in England and it challenged the idea that women exist only to please men and demanded equal treatment with men in education, work, politics etc[12].This sparked off the Feminist movement in Britain which demanded the equal rights for women in education, employment, politics, besides woman's right to vote. First Woman's Suffrage Committee was formed in 1865 in Manchester. In 1867, a bill presented to parliament by John Stuart Mill was lost, 73 in favour and 196 against[13]. From 1876 onwards, the women suffrage societies and other feminist organisations had to make a lot of struggle through demonstrations, agitations, militant methods or violence to achieve their rights. However, not until the Married Women's Property Act of 1870 did British wives secure the right to own property. Not. until 1918 were British women allowed to vote at the age of 30 and run for parliament in 1919. Not until 1928 did they get the right to vote on the same basis as men.

In the United States, the American Declaration of Independence was the model for the Declaration of sentiments drawn up by the first feminist convention, in Seneca Falls, N.Y., in 1848. Signed by 68 women and 32 men the Seneca Falls declaration stated: "We hold these truths to be self-evident: that all men and women are created equal... The history of mankind is a history ‑ of repeated injuries and usurpations on the part of man toward woman, having in direct object the establishment of an absolute tyranny over her..." The convention demanded for women the right of equal education and the right to preach, to teach, and to earn a livelihood. It also passed a resolution stating "that it is the sacred duty of the women of this country to secure to themselves their sacred right to the elective franchise." Thus was laid the foundation for the woman suffrage movement in the United States[14].

National Woman Suffrage Association was formed in 1869 while in the same year another feminist organisation called American Woman Suffrage Association was established. These two organisations amalgamated in 1890 and started the movement for women's ~ rights particularly the right to vote. However, the right to vote was long delayed ‑ until 1920. The resistance to the women franchise can be judged from this very fact that Amendment to the American constitution, known as the Anthony Amendment, seeking for the women equal rights of vote, was moved in‑1878 which was defeated many times in the Congress until 1919 when it was passed by the Congress and was ratified by the States in 1920.

Elsewhere, especially in continental Europe, the situation was often even less progressive. French women did not receive the vote until 1944 and still remain, under the Napoleonic Code, severely restricted in property and other rights relative to men and husbands[15].

It would not be without interest to mention here the efforts made ‑by the United Nations for the liberation and emancipation of women and for securing to them many socio-political rights in the modern world. The U.N. charter of 1945 was the first accepted international document that clearly defines equal rights for women. To implement the provisions of U.N. charter, the commission on the status of women was established. In 1948 the Universal Declaration of Human Rights was adopted by the United Nations. In 1952, U.N. General Assembly adopted convention on the Political Rights of women'. It provides that the women shall be entitled to vote in all elections and be eligible for election to all elected offices. The United Nations declared 1975 to be the International Women's year and established 1975‑85 as the U.N. Decade for Women.

Movements for women's rights meet resistance in different countries in different shapes. In the beginning the political parties resisted it , as they were, uncertain of the effects of women's votes. 'The; religious circles opposed their participation in anything that did not pertain directly to the home and rearing of children. Economic interests wanted to keep women as a voiceless labour‑force.

Women today in most of the countries of the world can vote and be elected to public offices on the same basis as men. This has been achieved only . after centuries of , work, by individuals and organisations. Whatever .has been achieved by the woman in the modern world has been on account of the hectic, struggle made sometimes through peaceful means but more often through agitations and violent ways. But Islam has given her more than that without even her asking for or demanding it.

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VI ‑ WOMAN SUFFRAGE

Right of vote has been given to the women in different countries of the world in the year indicated against each:.

U.K.

1928

New Zealand

1893

U.S.A.

1920

Australia

1902

U.S.S.R.

1917

Canada

1948

China

1947

India

1949

Japan

1945

Pakistan

1956

Germany

1919

Iran

1963

France

1944

Syria

1949

Italy

1945

Turkey

1934

Sweden

1919

Egypt

1956

Finland

1906

Tunisia

1959

Norway

1913

Indonesia

1949

Denmark

1915

Burma

1935

Spain

1931

Thailand

1932

Ceylon

1934

 

 

[Back to the start of this chapter]

VII ‑ WOMAN IN PAKISTAN

The Constitution of the Islamic Republic of Pakistan, 1973, makes the following provisions in its various Articles for the uplift of the status of women and ensuring them rights in the socio‑economic and political life of the nation.

  1. I . Every citizen shall have the right to acquire, ‑hold and dispose of property in any, part of Pakistan, subject ‑to the Constitution and any reasonable restrictions imposed by law in the public interest. (Article 23)

No distinction has been made by the above mentioned Article regarding the property rights of citizens on the basis of sex. Men and women have equal rights in this field.

  1.  

    (i) All citizens are equal before law and are entitled to equal protection of law.

    (ii) There shall be no discrimination on the basis of sex     alone.

    (iii) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children. (Article 25)

  2.  

    (i) In respect of access to places of public entertainment or resort, not intended for religious purposes only, there shall be no discrimination against any citizen on the ground only of race, religion, caste, sex, residence or place of birth.

    (ii) Nothing in clause (I) shall prevent the State from making any special provision for women and children.‑ (Article 26)

  3.  

    (i)            No citizen otherwise qualified for appointment in          the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth.

Provided further that, in the interest of the said service, specified posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately performed by members of the other sex. (Article 27)

  1. The State shall encourage local Government institutions composed of elected representatives of the areas concerned and in such institutions special representation will be given to peasants, workers and women. (Article 32)

  2. Steps shall be taken to ensure full participation of women in all spheres of national life. ‑ (Article 34)

  3. The State shall protect the marriage, the family, the mother and the child. ‑ (Article 35)

  4. The State shall ‑

make provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment; . . . . . .

prevent prostitution, gambling and taking of injurious drugs, printing, publication, circulation and display of obscene literature and advertisements;  (Article 37)

  1. The State shall ‑

    (a)           Secure the well‑being of the people, irrespective of sex, caste, creed or race, by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants;

    (b)           provide for all citizens, within the available resources of the country, facilities for work and adequate livelihood with reasonable rest and leisure;

    (c)           provide for all persons employed in the service of Pakistan or otherwise, social security by compulsory social insurance or other means;

    (d)          provide basic necessities of life, such as food, clothing, housing, education and medical relief, for all such citizens, irrespective of sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment;

    (e)           reduce disparity in the income arid earnings of individuals, including persons in the various classes of the service of Pakistan; ‑ (Article 38)

  2. Until the expiration of a period of ten years from the commencing day or the holding of the [third] general election to the National Assembly, whichever occurs later, [twenty seats] in addition to the number of seats referred to in clause (1) shall be reserved for women and allocated to the Province in accordance with the Constitution and law. ‑ Article 51 (4)

    Comments; 20 seats have been reserved‑for women in National Assembly of Pakistan by the above‑mentioned Article.

  3. The Constitution does not make distinction between man and woman regarding their political rights. So a woman in Pakistan has got right of vote and right to contest for representative offices.

[1] Encyclopedia Americana

[2] Ameer Ali

[3] Encyclopedia Americana

[4] Encyclopedia Americana

[5] Ameer Ali

[6] Encyclopedia Americana

[7] Encyclopedia Americana

[8] Encyclopedia Americana

[9] Ameer Ali

[10] Encyclopedia Americana

[11] Encyclopedia Britannica

[12] Encyclopedia Britannica

[13] Encyclopedia Americana

[14] Encyclopedia Americana

[15] Encyclopedia Britannica

[Back to the start of this chapter]

 

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