Women in Islam

The Muslim holy book, the Qur'an, is quite explicit in maintaining women's religious and moral equality. With the same token, they are subordinate to men in their family. They also receive less inheritence and their testimony is also considered half; however, the latter is contested by some Islamic scholars. In Islam, relations between the sexes are governed not by the principle of absolute equality but by the principle of complementarity. Some also argue that this differentiation is in fact discrimination according to their status and responsibilities.

Quran, Hadith, and the Idea of the Woman in Islam

Islam, both in the form of Quranic teachings and sharia has had a formative influence on the role of women and men in Muslim societies throughout the centuries. John Esposito writes with regard to women in Islam that

"The study of women in Islam and Muslim society is comlex, reflecting the diverse and varied realities of Muslim women and Muslim societies throughout the ages. Alongside ideals embodied in the Quran and the traditions (hadith) of the Prophet Mohammed, one must look at the actual condition of Muslim women in diverse time periods and sociohistorical contexts. The status of women in Islam was profoundly affected not only by the fact that Islamic belief interacted with and was informed by diverse cultures, but also, and of equal importance, that the primary intepreters of Islamic law and tradition were men (religious scholars or ulama) from those cultures."

Islamic law is the product of Quranic guidelines, as understood by Islamic jurisprudence (fiqh), as well as of the interpretations derived from the traditions of Mohammed (hadith), which were also selected by a number of historicall Islamic scholars. The Quran itself is not the sole guideline: "The Quran is not a law book; it does, however, provide principles and guidelines that were incorporated into Islamic law through selection and interpretation." Such rules were historically often eroded and subverted, claims Esposito, by social custom, poverty, illiteracy. Furthermore, whether or not Muslims tended to follow their rights, e.g. whether a men married four wives or only one, was dependent on the prevailing culture, often different between social classes, local conditions, and regions. Quranic reforms, often improving the historical position of women relative to their situation prior to Islam in many regions, have often been undermined by the reassertion of tribal custom, or the use of such under the name of Islamic law, and historical or cultural interpretations, reaffirming the male dominance and perpetuating gender inequality. Today, says Esposito, "the tensions between ideal and real world become compounded by conflicts between tradition and modernity."

The importance of female symbolism in Islamist movements is possibly explaine dby the following:

"For Islamists, the primary threat of the West is cultural rather than political or economic. Cultural dependency robs one of faith and identitiy and thus destroys Islam and the Islamic community (umma) far more effectively than political rule. Women and the family have been identified as pivotal in this contest. (...) The hijab has become no only a sign of modesty but also the symbol for the defense of Islam, for the preservation of the family, and thus the Islamic identity of Muslim societies."

Women in their nature

Yvonne Haddad and John Esposito write that in principle, except for a verse or two, the Qur'an grants women equality.(pp.163) It is only in the matter of the rights and responsibilities of males and females that the notion of equal human worth, otherwise equality of believers and the relative economic independence of women (right to inherit and to keep their own property) is so intrinsic to Qur'an.

Women according to the Qur'an are not to be blamed for Adam's first mistake. Both were jointly wrong in their disobedience to God; both repented and both were forgiven. It also states that males and females were both created from the same soul. These arguments are presented to show that Eve was of the same species as Adam and women are not inferior beings. As in Qur'an:

But the Satan made them both fall from it, and caused them to depart from that (state) in which they were; and We said: Get forth, some of you being the enemies of others, and there is for you in the earth an abode and a provision for a time. Then Adam received (some) words from his Lord, so He turned to him mercifully; surely He is Oft-returning (to mercy), the Merciful.

— Qur'an, ^{[Quran 2:36]}

O mankind! Fear your Lord, Who created you from a single person, created, of like species his mate, and from these two scattered countless men and women [in this world], and fear Allah through whom you seek mutual help and fear breaking blood relationships. Indeed God is watching over you.

— Qur'an, ^[Quran 4:1]

It used to be a common practice among pre-Islamic arabs to bury their female infants alive. The Qur'an criticized the attitude of parents who reject their female children. As in the Qur'an:

When news is brought to one of them, of [the birth of] a female [child], his face darkens and he is filled with inward grief! With shame does he hide himself from his people because of the bad news he had! Shall he retain her on [sufferance] and contempt, or bury her in the dust? Ah! What an evil [choice] they decide on?

— Qur'an, ^{[Quran 16:58]}

Similarly, according to a saying attributed to Muhammad:

Whosoever has a daughter and he does not bury her alive, does not insult her, and does not favour his son over her, God will enter him into Paradise.

— Musnad Ahmad ibn Hanbal 1957

Religious responsibilities

Men and women are considered spiritually equal as the Qur'an places men and women in immediate comparison:

Behold, men who surrender to Allah, and women who surrender, and men who believe and women who believe, and men who obey and women who obey, and men who speak the truth, and women who speak the truth, and men who persevere [in righteousness] and women who persevere, and men who are humble and women who are humble, and men who give alms and women who give alms, and men who fast, and women who fast, and men who guard their modesty and women who guard [their modesty], and men who remember Allah much and women who remember. Allah has prepared for them forgiveness and a vast reward.

— Qur'an, ^{[Quran 33:35]}

...men shall have the benefit of what they earn and women shall have the benefit of what they earn; and ask Allah of His grace; surely Allah knows all things.

— Qur'an, ^{[Quran 4:32]}

Women are exempted from praying and fasting during menstruation days and pregnancy while they are required to make up for fasts after the month of Ramadan. But Islam does not ask for isolation of women in this period. As it is attributed to Muhammad:

[You can] do everything [with your wives] except [for having] intercourse. Al-Muwatta 138

Financial rights

Islam gives women the right to own, which entitles them to have personal possessions. The Qur'an also explicitly outline women's inheritance rights.

Inheritance

A female can have a share less than that of a male or equal to a male's, according to her degree of relation to the kin. Islamic scholars hold that the original reason for this difference is the difference in responsibility between men and women in the societies of Arabia in the 7th century: men had to provide for their family whereas women could keep all their money themselves. They were usually taken care of by their families or their husbands, whereas men would usually finance a family and relatives. As in Qur'an:

From what is left by parents and those nearest related, there is a share for men and a share for women whether small or large – a fixed share.

— Qur'an, ^[Quran 4:7]

God enjoins you about your children that a boy’s share is equal to that of two girls’. And, if there are only girls among the children and they are more than two, then they shall receive two-thirds of the inheritance, and, if there is only one girl, then her share is half. And if the deceased has children, then the parents shall inherit a sixth each, and if he has no children and only the parents are his heirs, then his mother shall receive a third, and if he has brothers and sisters, then the mother’s share is the same one-sixth after the payment of any legacies he may have bequeathed and after discharging any debts he may have left behind.

— Qur'an, ^{[Quran 4:11]}

If a man dies childless and he has only one sister, she shall inherit half of what he leaves; and if a sister dies childless then her brother shall be her heir; and if there are two sisters, they shall inherit two-thirds of what he [or she] leaves.

— Qur'an, ^{[Quran 4:126]}

And to you belongs a half of what your wives leave, if they die childless. And if they have children, a quarter of what they leave shall be yours after payment of any legacies they may have bequeathed and after discharging any [outstanding] debts. Your wives shall inherit a quarter of what you leave, if you die childless. If you have children, then they shall inherit one-eighth, after payment of any legacies you may have bequeathed, and after discharging any of your [outstanding] debts.

— Qur'an, ^{[Quran 4:12]}

In case of kalalah relation, which is an adjective used for a person who leaves behind neither parents nor children; it also means all the relatives of a deceased except his parents and children, and it also denotes the relationships which are not through [the deceased’s] parents or children. If kalalah relatives are not brothers and sisters, as in the case of a childless male or female, Qur'an does not discriminate between men and women. As in Qur'an:

If a man or a woman is made an heir on account of his [or her] kalalah relationship [with the deceased] and he [or she] has one brother or sister, then the brother or sister shall receive a sixth, and if they be more than this, then they shall be sharers in one-third, after payment of any legacies bequeathed and any [outstanding] debts – without harming anyone. This is a command from God, and God is Gracious and All-Knowing.

— Qur'an, ^{[Quran 4:12]}

People ask your pronouncement. Say: God enjoins you about your kalalah heirs that if a man dies childless and he has only a sister, then she shall inherit half of what he leaves and if a sister dies childless, then her brother shall be her heir; and if there are two sisters, then they shall inherit two-thirds of what he [or she] leaves. If there are many brothers and sisters, then the share of each male shall be that of two females. God expounds unto you that you err not and God has knowledge of all things.

— Qur'an, ^{[Quran 4:176]}

Right to work

Woman's primary responsibility is usually interpreted as having to raise children. Some Muslims believe that if women fulfill this, they may have a career if they wish and their husbands agree. Qur'an puts the main responsibility of earning over husband and asks wives to be obedient to their husbands. Hence, permission to work is generally considered conditional. As in Qur'an:

Men are the maintainers of women because Allah has made some of them to excel others and because they spend out of their property; the good women are therefore obedient...

— Qur'an, ^{[Quran 4:34]}

According to Sayyid Qutb as outlined by John Esposito, however, this passage does not imply the "quashing (of) the woman's personalty or her civic rights;rather it is an obligation to direct and protect the family." According to Qutb's analysis, the Quran "gives the man the right of 'guardianship' or 'superiority' over the family structure in order to prevent dissension and friction between the spouses. The equity of this system lies in the fact that God both favoured the man with the necessary qualities an skills for the 'guardianship' and also charged him with the duty to provide for the structure's upkeep."

Whether or not the above verse in the Quran forbids the work of women is thus disputed; this is illustrated by disagreements between Islamic schools of thought about whether women whould be able to enter specific job areas; One major disputed job area is that of the judge in a court: Shafi`ites claim that women may hold no judicial office, while Hanafites allow women to act as judges in civil cases only. These interpretation are based on the above quoted Medinese Sura ^{[Quran 4:34]}.

Obligations

A woman, when compared with her husband, is far less burdened with any claims on her possessions. Her possessions before marriage do not transfer to her husband and she even keeps her maiden name. She has no obligation to spend on her family out of such properties or out of her income after marriage. She is entitled to the Mahr which she takes from her husband at the time of marriage.

Although men appear to have more rights than women, women have some rights which men don't have, for example the right to be supported financially, and to a certain inviolability which is respected even by the most rude and warlike Bedouins.

Legal matters

Testimony

In case of witnesses for financial documents, the Qur'an asks for two men or one man and two women. Some argue that this command shows that Qur'an does not want to make difficulties for women. It is disputed whether the testimony of a woman is half or not.

...and call in to witness from among your men two witnesses; but if there are not two men, then one man and two women from among those whom you choose to be witnesses, so that if one of the two errs, the second of the two may remind the other...

— Qur'an, ^{[Quran 2:282]}

Averroes, one of the renowned Maliki jurist of 12th century writes:

There is a general consensus among the jurists that in financial transactions a case stands proven by the testimony of a just man and two women on the basis of the verse: ‘‘If two men cannot be found then one man and two women from among those whom you deem appropriate as witnesses’’. However; in cases of Hudud, there is a difference of opinion among our jurists. The majority say that in these affairs the testimony of women is in no way acceptable whether they testify alongside a male witness or do so alone. The Zahiris on the contrary maintain that if they are more than one and are accompanied by a male witness, then owing to the apparent meaning of the verse their testimony will be acceptable in all affairs. Imam Abu Hanifa is of the opinion that except in cases of Hudud and in financial transactions their testimony is acceptable in bodily affairs like divorce, marriage, slave-emancipation and raju‘ [restitution of conjugal rights]. Imam Malik is of the view that their testimony is not acceptable in bodily affairs. There is however a difference of opinion among the companions of Imam Malik regarding bodily affairs which relate to wealth, like advocacy and will-testaments, which do not specifically relate to wealth. Consequently, Ash-hab and Ibn Majishun accept two male witnesses only in these affairs, while to Malik Ibn Qasim and Ibn Wahab two female and a male witness are acceptable. As far as the matter of women as sole witnesses is concerned, the majority accept it only in bodily affairs, about which men can have no information in ordinary circumstances like the physical handicaps of women and the crying of a baby at birth.

— Ibn Rushd, Bidayatu’l-Mujtahid, 1st ed., vol. 4, (Beirut: Daru’l-Ma‘rifah, 1997), p. 311

Many Muslims believe that the testimony of women is also half. Javed Ahmed Ghamidi writes that Islam asks for two women witnesses against one male because this responsibility is not very suited to their temperament and general sphere of interests and the environment they are used to. He argues that Islam makes no claim that woman's testimony is half in any case.

Diyya

Main article: Diyya

Diyya is paid as a fine to the next of kin of somebody who was killed unintentionally (in Arabic: Diyat or Diyya دية). Islam has not prescribed any specific amount for Diyat nor has it obligated to discriminate in this matter between a man or a woman, a slave or a free man and a Muslim or a non-Muslim; however its quantity, nature and other related affairs have been left open, by the Qur’an, to the customs and traditions of a society. The law of Diyya was in force in Arabia before the advent of Islam. The Qur’an directed to pay Diyat just according to this law both in case of intentional as well as unintentional murder.

Countries like Saudi Arabia, are still using the same law of Diyya, which was in force in Arabia in Muhammad's time. According to this particular law, the fine for unintentional murder of a woman is half of that of a man.

Punishments

While describing punishments for different crimes, the Quran does not discriminate between genders. In case of sexual crimes like fornication, a woman can be found guilty easily as she may become pregnant, while it becomes difficult for the prosecution of males, as Islam asks for four witnesses to file a case for fornication. Some scholars don't differentiate between rape and adultery while still others do; however, there is a consensus that in the former offence the victim is not prosecuted. This creates more complications as the woman cannot file a case without having four witnesses (even for rape cases). Most scholars, however, agree that rape cannot be treated as adultery and ask for harsher punishments of hiraba or disorder in the land, as mentioned in verses ^{[Quran 5:33]}, which do not require four witnesses to register the case. The form of punishment and interpretation of Islamic law in this case is highly dependent on the respective government legislation and/or judge.

Women as slaves

Main article: Islam and Slavery

Main article: Ma malakat aymanukum

Slavery as an institution which, as elsewhere in the ancient world, Islam took for granted both at the time of the Qur'an's revelation and subsequently. However, Islam mitigated slavery by recommending kindness and the freeing of slaves as acts of great merit, and declaring that their mistreatment would cause damnation. Islam permits intimate relations between a male master and his female slave outside of marriage referred to in the Qur'an as ma malakat aymanukum or "what your right hands possess", although he may not co-habit with a female slave belonging to his wife. Neither can he have relations with a female slave if she is co-owned, or already married. If the female slave has a child by her master, she then receives the title of "Umm Walad" (lit. Mother of a child), which is an improvement in her status as she can no longer be sold and is legally freed upon the death of her master. The child, by default, is born free due to the father (i.e. the master) being a free man. Although there is no limit on the number of concubines a master may possess, the general marital laws are to be observed, such as not having intimate relations with the sister of a female slave. Some Islamic scholars assert that sexual relations with concubines were only permitted because slavery couldn't be eradicated immediately being an essential component of social and economic infra-structure, as Qur'an presents marriage as the only legal way of satisfying one's sexual desires(^{[Quran 24:32]}).

The Qur’an recognized slavery only as an undesirable transitional socio-political condition and spelled out many ways for its elimination. It also gave slaves the right of Mukatabat i.e. to make contract with their masters according to which they would be required to pay a certain sum of money in a specific time period, or would carry out a specific service for their masters; once they would successfully fulfill either of these two options, they would stand liberated. The exegetical literature identified slaves as mukatab when buying their own freedom. As stated in Qur'an:

And if any of your slaves ask for Mukatabat, accept it give it to them if you know any good in them and [for this] give them out of the wealth which Allah has given to you.

— Qur'an, ^{[Quran 24:33]}

This right of mukatabat was granted to slave-men and slave-women. Prior to this, various other directives were given at various stages to gradually reach this stage. These steps are summarized below:

1. In the very beginning of its revelation, the Qur'an regarded emancipation of slaves as a great virtue.
2. People were urged that until they free their slaves they should treat them with kindness.
3. In cases of unintentional murder, Zihar (see footnote for definition), and other similar offences, liberating a slave was regarded as their atonement and charity.
4. It was directed to marry off slave-men and slave-women who were capable of marriage so that they could become equivalent in status, both morally and socially, to other members of society.
5. If some person were to marry a slave-woman of someone, great care was exercised since this could result in a clash between ownership and conjugal rights. However, such people were told that if they did not have the means to marry free-women, they could marry, with the permission of their masters, slave-women who were Muslims and were also kept chaste. In such marriages, they must pay their dowers so that this could bring them gradually equal in status to free-women.
6. In the heads of Zakah (Legal almsgiving, Islamic religious tax), a specific head (for freeing necks [emancipation of slaves]) was instituted so that the campaign of slave emancipation could receive impetus from the public treasury.
7. Fornication (sexual intercourse between a man and a woman who are not married to each other) was regarded as an offence. Since prostitution centers around this offence, brothels that were operated by owners using their slave-women were shut down automatically, and if someone tried to go on secretly running this business, he was given exemplary punishment.
8. People were told that they were all slaves/servants of Allah and so instead of using the words عَبْد (slave-man) and اَمَة (slave-woman), the words used should be فَتَى (boy/man) and فَتَاة (girl/woman) so that the psyche about them should change and a change is brought about in these age-old concepts.
9. A major source of slaves within the institution of slavery at the advent of Islam were the prisoners of war. The Qur'an rooted this out by legislating that prisoners of war should be freed at all costs, either by accepting ransom or as a favour by not taking any ransom money. No other option was available to the Muslims.

Marriage

Main article: Islamic marital jurisprudence

Generally in Islam, marriage is an open declaration of a contract by a man and a woman to live permanently as husband and wife. It is declared in the presence of people through a responsible personality with great solemnity and gravity after he delivers a sermon to counsel and guide them. However, these conditions may vary among different Muslims e.g. Shia Muslims have Nikah Mut‘ah, which is quite different in its nature. Islam allows marriage of Muslim men with chaste women from people of the Book. However some consider this permission to be conditional as this permission was granted when Islam prevailed over polytheistic Arab society in every manner and there was a great chance that most women would accept Islam as the relevant verse ^[Quran 5:5] begins with the word ‘اَلْيَوْم’ (this day). Pre-requisites of marriage include:

• Marriage should be conducted through dower. It is an amount or gift, that is given by the husband to his wife. Once a dower has been ascertained with the realization that it is an obligation of a Muslim husband, he and his wife can mutually change its amount as well as the time of its payment. However, some Muslims insist that dower should be paid by the husband to his wife before they sleep together. Dower should not be considered as a favor rather as an obligation. It should be given according to the social status of the lady. Islamic scholars consider it a way of showing importance of marriage contract and a preparation on behalf of husband to fulfill his marital responsibilities.

• The second pre-requisite of marriage is chastity. Islam does not give adulterers the right to marry a chaste woman and no adulteress is given the right to marry a chaste man, except if the matter has not gone to court and the two purify themselves of this sin by sincere repentance.

According to the Islamic Law, women cannot be forced to marry anyone without their consent. As it is attributed to Muhammad:

• Ibni `Abbaas reported that a girl came to the Messenger of God, Muhammad (sws), and she reported that her father had forced her to marry without her consent. The Messenger of God gave her the choice [between accepting the marriage or invalidating it]. Musnad Ahmad ibn Hanbal 2469
• ...the girl said: "Actually I accept this marriage but I wanted to let women know that parents have no right [to force a husband on them]". Sunan Ibn Maja 1873

Divorce

Main article: Talaq (Nikah)

The rules for Talaq (divorce) vary among the major Islamic schools. Most importantly Shi'a and Sunni Muslims have different rules to engage a Talaq. In both the Sunni and Shi'a traditions the right of divorce is primarily for men. In case where the woman wants a divorce, she will ask a court of law for divorce. The divorced wife keeps her mahr and anything which was given by the husband to his wife. As in Quran:

And do not treat them (wife) with harshness that you may take away what you have given them...

— Qur'an, ^{[Quran 4:19]}

Post divorce

After divorce, Qur'an puts some responsiblities on divorcee and divorcer on behalf of their children.

And the mothers should suckle their children for two whole years for him who desires to make complete the time of suckling; and their maintenance and their clothing must be-- borne by the father according to usage; no soul shall have imposed upon it a duty but to the extent of its capacity; neither shall a mother be made to suffer harm on account of her child, nor a father on account of his child, and a similar duty (devolves) on the (father's) heir, but if both desire weaning by mutual consent and counsel, there is no blame on them, and if you wish to engage a wet-nurse for your children, there is no blame on you so long as you pay what you promised for according to usage; and be careful of (your duty to) Allah and know that Allah sees what you do.

— Qur'an, ^{[Quran 2:223]}

Qur'an also prohibit interventions from previous husband in divorced lady's life.

And when you have divorced women and they have ended-- their term (of waiting), then do not prevent them from marrying their husbands when they agree among themselves in a lawful manner; with this is admonished he among you who believes in Allah and the last day, this is more profitable and purer for you; and Allah knows while you do not know.

— Qur'an, ^{[Quran 2:232]}

Custody of children

The Sharia does not have any directive for custody of children because this matter can only be decided keeping in view the welfare of the children and the circumstances of the parents, which of course vary a lot. Following are some of the cases decided by Muhammad:

• Abd-Allah ibn Umar (rta) narrates that a lady came to the Prophet (sws) and said: ‘For this son of mine, it is only my belly which was his abode, and my breasts which were his vessel and my lap which was his dwelling place. Now his father has divorced me and wants to take him away from me. The Prophet replied: ‘You are more entitled to keep him until you marry again’. Sunnan Abu Dawood 2276
• Abu Hurairah (rta) narrates that in his presence once a lady came to the Prophet. I heard her saying: ‘My husband wants to take away from me this child even though he has brought over water for me from the well of Abu ‘Anbah and given me a lot of benefit’. The Prophet replied: ‘Both of you can cast a lot on this’. [Upon hearing this], the husband said: ‘Who will quarrel with me regarding this son of mine’. The Prophet asserted: ‘O son! This is your father and this is your mother; grasp the hand of the one you want to hold’. The child grasped the mother’s hand and she took him away. Sunnan Abu Dawood 2277

Rights and obligations as wife

Main article: Rights and obligations of spouses in Islam

Islam advocates a harmonious relationship between husband and wife. It puts the main responsibility of earning over the husband. Both are asked to fulfill the other's sexual needs. Husbands are asked to be kind to their wives and wives are asked to be obedient to their husbands. Qur'an also emphasizes the importance of taking counsel and mutual agreement in family decisions. As in the Qur'an:

If they [husband and wife] desire to wean the child by mutual consent and after consultation, there is no blame on them.

— Qur'an, ^{[Quran 2:233]}

Behaviour with rebellious wives

Main article: An-Nisa, 34

In case of rebellious behaviour, the husband is asked to urge his wife to mend her ways, then to refuse to share their beds, and as the last resort, husbands are allowed to admonish their wives by beating (which is normally described as mild and which doesn't leave a mark). As Qur'an states:

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. As to those women on whose part ye fear disloyalty and ill-conduct, admonish them (first), (Next), refuse to share their beds, (And last) beat them (lightly); but if they return to obedience, seek not against them Means (of annoyance): For Allah is Most High, great (above you all).

— Qur'an, ^{[Quran 4:34]}

Muhammad is attributed to say in the Farewell Sermon:

O people! Accept the advice regarding good treatment of women and [accept it] because they are duty bound [to fulfill your marital rights]. You have no other authority on them except this. And if they commit open sexual misconduct you have the right to leave them alone in their beds and [if even then, they do not listen] beat them such that this should not leave any mark on them. Then if they obey you, take no further action against them. Indeed you have rights over women and they also have rights over you. You have the right that they do not permit into your homes nor sleep with anyone else. Listen! their right upon you is that you feed and clothe them in the best way [you are able to]. Sunan Ibn Maja 1841

Beating wives for any other reason is completely prohibited, as Muhammad is attributed to say:

I went to the Apostle of Allah (peace be upon him) and asked him: What do you say (command) about our wives? He replied: Give them food what you have for yourself, and clothe them by which you clothe yourself, and do not beat them, and do not revile them. Sunan Abu Dawud Template:Abudawud-usc

John Esposito writes that Quranic passages that talk about rights of women and counsel that they be treated justly and equitably, regulations were enacted such as the “house of obedience”, which has been misused by husbands.

Directives for widows

Qur'an prohibits widows to engage themselves for four lunar months and ten days, after the death of their husbands. According to Qur'an:

And those of you who die and leave widows behind, they should keep themselves in waiting for four months and ten days. Then when they have fulfilled their term, there is no blame on you about what they do with themselves in accordance with the norms [of society]. And Allah is well acquainted with what you do. And there is also no blame on you if you tacitly send a marriage proposal to these women or hold it in your hearts. Allah knows that you would definitely talk to them. [Do so] but do not make a secret contract. Of course you can say something in accordance with the norms [of the society]. And do not decide to marry until the law reaches its term. And know that Allah has knowledge of what is in your hearts; so be fearful of Him and know that Allah is Most forgiving and Most Forbearing.

— Qur'an, ^{[Quran 2:234]}

Islamic scholars consider this directive a balance between mourning of husband's death and protection of widow from censure that she became interested in re-marrying soon after her husband’s death. This is also to ascertain whether a lady is pregnant or not.

Husbands should make a will in favor of their wives for the provision of one year’s residence and maintenance, except if the wives themselves leave the house or take any other similar step. As stated in Qur'an:

And those of you who die and leave widows should bequeath for their widows a year’s provision and [bequeath] that [in this period] they shall not be turned out of their residences; but if they themselves leave the residence, there is no blame on you for what they do with themselves according to the norms of society. And Allah is Exalted in Power, Wise.

— Qur'an, ^{[Quran 2:240]}

Polygamy

Qur'an addresses guardians of the orphans to marry the mothers of the orphans that are lawful to them if they fear that they would not be able to do justice to the onerous responsibility of protecting the rights of the orphans and taking care of their wealth and property. Men are allowed to engage in polygamy with two conditions:

1. Even for as noble an objective as the welfare of orphans, a person cannot marry more than four wives.
2. If a person is not able to deal justly with all four wives he should not marry more than the number he can be just with. Justice is a value that has to be maintained at all costs and cannot be sacrificed even for such a noble cause.

As the Qur'an states:

And if you fear that you shall not be able to deal justly with the orphans, marry [their mothers] that are lawful to you, two two, three three, four four; but if you fear that you shall not be able to deal justly [with them], then only one, or those which your right hands possess. That will be more suitable to prevent you from doing injustice. And give these women their dowers also the way dowers are given; but if they, of their own good pleasure, remit any part of it to you, take it and consume it gladly.

— Qur'an, ^[Quran 4:3]

Qur'an encourages wives to adjust and adapt to the situation, but in spite of the wife's efforts, if the family does not remain intact then its not her responsibility. As the Qur'an says:

And even if it is your ardent desire, you will never be able to be totally just between women; so it is enough if you do not completely incline yourself to a woman altogether, so as to leave the other aside. And if you come to a friendly understanding, and fear Allah; Allah is Oft-Forgiving, Most Merciful. But if they disagree and [eventually] must part, Allah will provide abundance for each from His bounty. He is Bountiful and is Wise.

— Qur'an, ^{[Quran 4:129]}

In Islamic world, the polygamous marriages constitute only 1–3 % of all marriages.

Dress code

Main article: Hijab

Hijab is usually taken to mean modest dress and demeanor in general. According to Qur'an:

[O Prophet!] tell believing men to restrain their eyes and guard their private parts [if there are women present in these houses]. That is purer for them. And Allah is well aware of what you do. And tell the believing women to restrain their eyes and to guard their private parts and to display of their ornaments only those [which are worn on limbs] which are normally revealed and to draw their khumūr over their bosoms. They should not reveal their ornaments to anyone save their husbands or their fathers or their husbands’ fathers or their sons or their husbands’ sons or their brothers or their brothers’ sons or their sisters’ sons or other women of acquaintance or their slaves or the subservient male servants who are not attracted to women or children who have no awareness of the hidden aspects of women. They should [also] not stamp their feet in order to draw attention to their hidden ornaments. Believers turn to Allah in repentance that you may prosper.

— Qur'an, ^{[Quran 24:30]}

Traditionally Muslims, Salafis particularly and others generally, believe that the garments known today as jilbab and khumūr are the very garments demanded by the Qur'an. However, Qur'an translators and commentators translate the Arabic into English words with a general meaning - such as veils, head-coverings and shawls. While some scholars argue that verses ^{[Quran 24:30]} teach etiquettes for male and female interactions, where khumūr is mentioned in reference to the clothing of Arab women in the 7th century, but there is no command to actually wear them in any specific way. Hence they consider head-covering a preferable practice but not a directive of the sharia.

The British Oxford professor John Esposito writes that veil and seclusion is not a Quranic injunction rather a custom assimilated by early Islamic society from conquered Persian and Byzantine societies. He claims that "in the midst of rapid social and economic change when traditional security and support systems are increasingly eroded and replaced by the state, (...) hijab maintains that the state has failed to provide equal rights for men and women because the debate has been conducted within the Islamic fraework, which priovides women with equivalent rather than equal rights within the family."

Women as Islamic scholars, Imams, and leaders

Main article: Women as imams

Main article: Islamic feminism

Women, as well as men, are encouraged to become as educated as they can in Islam, and therefore there is nothing wrong with women becoming scholars. However the right to have an official position in a masjid is disputed by many. A fundamental role of an imam in a masjid is to lead the salah, or congregational prayers. Women are generally not allowed to lead mixed prayers, but some argue that Muhammad gave permission to Ume Warqa to lead a mixed prayer at the mosque of Dar.

According to a Sunni hadith:...When Allah's Apostle was informed that the Persians had crowned the daughter of Khosrau as their ruler, he said, "Such people as ruled by a lady will never be successful.

Some Muslims argue that Muhammad's wife Aisha, who both took part in politics and served as a major authority on hadith, is an example of possible roles for Muslim women. Other Muslims would strongly disagree (Aisha is seen in a darker light by Shi'a Muslims because she opposed Muhammad's cousin and son-in-law Ali). Other examples include the appointment of Ume Warqa and Samra Binte Wahaib as the head of market committees of Medina and Mecca by Umar, the second Sunni Caliph.

Some argue that Qur'an gives woman's right to participate in public affairs as there are examples of women who participated in serious discussions and argued even with the Prophet Muhammad himself. Also during the Caliphate of Umar, a woman argued with him in the mosque, proved her point, and caused him to declare in the presence of many people: "A woman is right and Umar is wrong".

Criticism

Main article: Criticism of Islam

Critics of Islam present discrimination in law of inheritence and divorce. However, it is unclear whether these seeming injustices are based explicitly on religious doctrine or cultural influences.

See also

• Islam
• Criticism of the Qur'an
• Women in the Qur'an
• Women in Muslim societies
• Women as imams
• Islamic feminism
• Rights and obligations of spouses in Islam
• Gender Apartheid
• Role of women in religion
• Hijab
• Sisters in Islam

Further Reading

• John Esposito and Yvonne Yazbeck Haddad, Islam, Gender, and Social Change.

External links

• The Status Of Women In Islam - Dr.Yusuf Al Qaradawy
• Gender Equity in Islam - Jamal A. Badawi
• THE STATUS OF WOMAN IN ISLAM - Jamal A. Badawi
• Women in Islam versus Judaeo-Christian Tradition The Myth & The Reality - Sherif Mohammed
• The Position of Women in Islam, online book.
• "The Liberation of Women in the Middle East" by Azam Kamguian.
• The central role of women in Islam and Islamic history
• Women scholars in Islam
• IslamicFeminism.org
• BackToIslam.com Articles about Women in Islam
• Relation of the Sexes, a lecture by Muhammad Marmaduke Pickthall in 1925
• A Sufi feminist perspective
• The status of women in Islam by a Muslim author
• Women in Islam A Salafi perspective
• Free and Equal under the Qur'an - an analysis by Havva G Guney-Ruebenacker
• Women in Muslim History: Traditional Perspectives and New Strategies