Rights of women in Islam

By Syed Imad-ud-Din Asad


IT is a general concept in the West that in the eyes of Islam woman is inferior to man. They staunchly believe that there is no such thing as “rights of woman” in Islam. This misconception is partly due to their lack of access to the Quran and the Traditions, and partly due to the irresponsible attitude of certain Muslim jurists and groups.

In fact, Islam is the only system which contains provisions that ensure equality between man and woman. No religion, no system has done even a fraction of what Islam has done to secure her rights and ensure a status for her that is at par with that of man. The status accorded to woman by Islam is unique and has no parallel in any other society.

If, on the other hand, we look at the western woman, we find that her rights were not acknowledged voluntarily or out of kindness or compassion. The early Greek philosophers had very disparaging views of women. They argued that women were not full human beings and were by nature deficient. The West inherited this thought and we find it persistent throughout the Middle-Ages. This concept was not discarded even during the Age of Enlightenment. Writers of that period, like Rousseau and Voltaire, looked at women as a burden.

In his book “Emile”, Rousseau proposed a different form of education for women because he believed that women were unable to comprehend what men were able to do. In other words, he believed women had lesser intellectual abilities than man. It was in the 1800s that the first feminine movement emerged in the West. The first laws that allowed women to own property also appeared in the same century. As time moved on, certain circumstances also aided women in their struggle for their rights such as shortage of manpower in times of war, demands of industrial development, etc., gave them the opportunity to learn, to work, to earn, to appear as an equal to man. They were forced by circumstances and in turn they forced themselves through and acquired a new status.

Still, the present set of rights that the Western woman attained after a long effort, fall short of those of her Muslim counterpart. Islam has granted rights to woman that suit her nature and disposition, and give her full security and protection. Also, in declaring man and woman as equal human beings, Islam is centuries ahead of the western legal systems.

However, while discussing the rights of man and woman, the distinction between equality and similarity must be kept in mind. Man and woman have been created equal, not identical. In Islam, the rights and responsibilities of a woman are equal to those of a man, but they are not necessarily the same. Both have been fashioned differently from each other, so their roles are also different. The variation in their functions does not imply that one is inferior to the other.

Here, it must be mentioned that if certain rights of woman are being ignored, restricted, or denied in present-day Islamic states, it is a fault of the Muslims — governments and people — who are not enforcing them, not Islam’s. Let’s have a brief look at some of the rights granted by Islam:

1. Reward for good deeds: The Quran makes no difference between man and woman regarding the bestowal of reward for the good deeds performed by him or her: “Whoever does good, whether male or female, and is a believer, We will certainly make him live a happy life, and We will certainly give them their reward for the best of what they did.” (16:97) “Surely the men who submit and the women who submit; and the believing men and the believing women; and the obeying men and the obeying women; and the truthful men and the truthful women; and the patient men and the patient women; and the humble men and the humble women; and the charitable men and the charitable women; and the fasting men and the fasting women; and the men who guard their chastity and the women who guard their chastity; and the men who remember Allah and the women who remember Allah - Allah has prepared for them forgiveness and a mighty reward.” (33:35)

2. Freedom of expression: Man and woman are equally entitled to freedom of expression. Women not only expressed their opinion freely, but also argued and participated in important discussions with the Prophet (PBUH) and other Muslim leaders. There were occasions when women expressed their views on matters of public interest and stood in opposition to the Caliphs, who then accepted their sound arguments.

3. Right to education: Woman is equal to man in the pursuit of education and knowledge. The Prophet declared: “Search for knowledge is a sacred duty imposed on every Muslim man and woman.”

4. Right to inherit: Man and woman have been given equal right to inherit from the parents and the near relatives: “Men shall have a portion of what the parents and the near relatives leave, and women shall have a portion of what the parents and the near relatives leave...” (4:7)

A woman’s right to inherit is as much protected by law as that of a man. If the deceased wishes to deprive her by making a will in favour of other relations or any other cause, the law will not allow it. However, it must be remembered that whereas the right to inherit of both man and woman is equal, their shares in the inheritance may differ. In certain cases, a woman gets half of what a man in her position would get. The cause of this variation is the financial responsibilities and liabilities with which man has been burdened, not woman.

As compared to Muslim man, Muslim woman is financially secure and provided for. If she is a wife, her husband is the provider; if she is a mother, it is the son; if she is a daughter, it is the father; if she is a sister, it is the brother; and so on. If she has no relations, then it is the responsibility of the state to maintain her. In no case she will be left helpless. Whereas, a man, except in one or two cases, is supposed to not only look after his family and other needy relations, but also to make financial contributions to good causes in society. Thus, a larger share in the inheritance does not depict the supremacy of man over woman, but it is rather a concession granted to him in lieu of his financial burden.

5. Right to earn: Islam has given man and woman equal rights to contract, to enterprise, and to earn and possess independently. The Quran says: “...For men is the benefit of what they earn. And for women is the benefit of what they earn. And ask Allah of His grace...” (4:32)

Women conducted trade and business even during the time of the Prophet. In fact, his first wife was a successful and famous business woman of Makkah.

6. Legal protection: In the eyes of Islam, a woman’s life, property, and honour are as sacred as those of a man. If she commits an offence, her penalty is no less or more than a man’s in a similar case. If she is wronged or harmed, she gets due compensation, equal to what a man in her position would get.

7. Right to contract marriage: Contrary to prevalent belief, in Islam, there is no concept of forced marriages of women. Parents have no right to force their daughters to marry against their will. Just as a woman has the right to choose her spouse, she also has the right to seek divorce from him.

8. Right to participate in public life: Islam does not ask woman to confine herself to her house. It gives woman the right to participate in public life along with man. History shows that women played active role in all walks of life. Women not only participated in trade, but even took part in battles. They were never shut behind iron bars or considered worthless creatures.

Laila Al-Ghifaria would nurse the wounded in battles. Suffiah Bint Abdul Muttalib even fought and killed the enemies. Women were also rewarded with booty in the same manner as Muslim men. The Second Caliph of Islam, Umar, appointed a woman, Shaffa Bint Abdullah, to supervise the market. He would often consult her and held her in high esteem. Under the Fatmids, a woman, Arwa Bint Ahmad, even served as the Governor of Yemen.

Conclusion:
The verdict of Islam on the inter se status of man and woman is the only complete, logical, and practical declaration pertaining to the matter, as it always handles the issue by making a distinction between equality and sameness. The Quran, the Traditions of the Prophet, and the attitude of the early Muslim scholars prove that the position and rights of woman are equal to those of man. In fact, Islam has safeguarded the rights of women by putting them into practice as essential articles of Faith.