Women - S Rights in Islam
Women - S Rights in Islam
Women - S Rights in Islam
Introduction:
The status of woman in Islam constitutes no problem. The attitude of the Qur’an and the early
Muslims bear witness to the fact that woman is, at least, as vital to life as man himself, and that she
is not inferior to him nor is she one of the lower species.
Had it not been for the impact of foreign cultures and alien influences, this question would have
never arisen among the Muslims. The status of woman was taken for granted to be equal to that of
man. It was a matter of course, a matter of fact, and no one, then, considered it as a problem at all
In order to understand what Islam has established for woman, there is no need to deplore her plight
in the pre-Islamic era or in the modern world of today. Islam has given women rights and privileges
which she has never enjoyed under other religious or constitutional systems. This can be understood
when the matter is studied as a whole in a comparative manner, rather than partially. The rights and
responsibilities of a woman are equal to those of a man but they are not necessarily identical with
them. Equality and sameness are two quite different things. This difference is understandable
because man and woman are not identical but they are created equals.
With this distinction in mind, there is no problem. It is almost impossible to find two identical men
or women This distinction between equality and sameness is of paramount importance. Equality is
desirable, just, fair; but sameness is not. People are not created identical but they are created equals.
With this distinction in mind, there is no room to imagine that woman is inferior to man. There is no
ground to assume that she is less important than he just because her rights are not identically the
same as his. Had her status been identical with his, she would have been simply a duplicate of him,
which she is not.
The fact that Islam gives her equal rights - but not identical - shows that it takes her into due
consideration, acknowledges her, and recognizes her independent personality It is not the tone of
Islam that brands woman as the product of the devil or the seed of evil. Nor does the Qur’an place
man as the dominant lord of woman who has no choice but to surrender to his dominance. Nor was
it Islam that introduced the question of whether or not woman has any soul in her. Never in the
history of Islam has any Muslim doubted the human status of woman or her possession of soul and
other fine spiritual qualities. Unlike other popular beliefs, Islam does not blame Eve alone for the
First Sin. The Qur’an makes it very clear that both Adam and Eve were tempted; that they both
sinned; that God’s pardon was granted to both after their repentance; and that God addressed them
jointly. (2:35-36; 7:19,27; 20:117-123). In fact the Qur’an gives the impression that Adam was
more to blame for that First Sin from which emerged prejudice against woman and suspicion of her
deeds. But Islam does not justify such prejudice or suspicion because both Adam and Eve were
equally in error, and if we are to blame Eve we should blame Adam as much or even more (In
connection with this discussion, see the Concept of Sin above.)
The status of woman in Islam is something unique, something novel, something that has no
similarity in any other system. If we look to the Eastern Communist world or to the democratic
nations, we find that woman is not really in a happy position. Her status is not enviable. She has to
work so hard to live, and sometimes she may be doing the same job that a man does but her wage is
less than his. She enjoys a kind of liberty which in some cases amounts to libertinism. To get to
where she is nowadays, woman struggled hard for decades and centuries. To gain the right of
learning and the freedom of work and earning, she had to offer painful sacrifices and give up many
of her natural rights. To establish her status as a human being possessing a soul, she paid heavily.
Yet in spite of all these costly sacrifices and painful struggles, she has not acquired what Islam has
establish by Divine decree for the Muslim woman The rights of woman of modern times were not
granted voluntarily or out of kindness to the female. Modern woman reached her present position by
force, and not through natural processes or mutual consent or Divine teachings. She had to force her
way, and various circumstances came to her aid. Shortage of manpower during wars, pressure of
economic needs and requirements of industrial developments forced woman to get out of her home
- to work, to learn, to struggle for her livelihood, to appear as an equal to man, to run her race in the
course of life side by side with him.
She was forced by circumstances and in turn she forced herself through and acquired her new
status. Whether all women were pleased with these circumstances being on their side, and whether
they are happy and satisfied with the results of this course is a different matter. But the fact remains
that whatever rights modern woman enjoys fall short of those of her Muslim counterpart. What
Islam has established for woman is that which suits her nature, gives her full security and protects
her against disgraceful circumstances and uncertain channels of life. We do not need here to
elaborate on the status of modern woman and the risks she runs to make her living or establish
herself.
Rights of Women in Islam:
We do not even need to explore the miseries and setbacks that encircle her as a result of the so-
called rights of woman. Nor do we intend to manipulate the situation of many unhappy homes
which break because of the very "freedom" and "rights" of which modern woman is proud. Most
women today exercise the right of freedom to go out independently, to work and earn, to pretend to
be equal to man, but this, sadly enough, is at the expense of their families. This is all known and
obvious. What is not known is the status of woman in Islam. An attempt will be made in the
following passages to sum up the attitude of Islam with regard to woman.
Still a few things are to be highlighted:
The Conditions of Women in Arabia Before Islam
In those days before Islam, women were treated like slaves or property. Their personal consent
concerning anything related to their well-being was considered unimportant, to such a degree that
they were never even treated as a party to a marriage contract.
Women were used for one purpose, and then discarded. They had no independence, could own no
property and were not allowed to inherit. In times of war, women were treated as part of the prize.
Simply put, their condition was unspeakable.
In addition, the birth of a daughter in a family was not an occasion for rejoicing, but was regarded
with humiliation. The practice of killing female children was uncontrolled.
With the advent of Islam came the verse from the Quran condemning those who practiced female
infanticide:
"And when the news of (the birth of) a female (child) is brought to any of them, his face becomes dark,
and he is filled with inward grief! He hides himself from the people because of the evil of that whereof
he has been informed. Shall he keep her with dishonor or bury her in the earth? Certainly, evil is their
decision." (An-Nahl 16:58-59)
And as part of a description of various events on the Day of Judgment, the Quran mentions:
"And when the female (infant) buried alive (as the pagan Arabs used to do) shall be questioned. For
what sin she was killed? (At-Takwir 81:8-9)
Outside Arabia conditions for women were no better. In India, Egypt, and all European countries in
the Dark Ages, women were treated worse than slaves. They were not regarded as human beings but
as sort of a sub-species between humans and animals.
Then Allah (SWT) gave the Arab Women their rights:
The rights of Muslim women were given to us by Allah (SWT), who is All-Compassionate, All-
Merciful, All-Just, All-Unbiased, All-Knowing and Most Wise. These rights, which were granted to
women more than 1400 years ago, and were taught by the perfect example of the Prophet
Muhammad (SAW), were given by the one Who created us and Who alone knows what rights are
best for our female natures. Allah (SWT) says in the Quran:
"O You who believe! You are forbidden to inherit women against their will, and you should not treat
them with harshness, that you may take away part of the Mahr (bridal-money given by the husband to
his wife at time of marriage) you have given them, unless they commit open illegal sexual intercourse.
And live with them honorably. If you dislike them, it may be that you dislike a thing and Allah brings
through it a great deal of good." (An-Nisa 4:19)
The most basic right of a woman in Islam is the knowledge and recognition that she never has to
ask or demand or fight for her rights which are guaranteed to her by Allah (SWT) Himself.
1) Woman is recognized by Islam as a full and equal partner of man in the procreation of
humankind. He is the father; she is the mother, and both are essential for life. Her role is no less
vital than his. By this partnership she has an equal share in every aspect; she is entitled to equal
rights; she undertakes equal responsibilities, and in her there are as many qualities and as much
humanity as there are in her partner. To this equal partnership in the reproduction of human kind
God says:
O mankind! Verily We have created you from a single (pair) of a male and female, and made you into
nations and tribes that you may know each other. . . .(Qur’an, 49:13; cf. 4:1)
Islam does not blame Eve alone for the First Sin. The Quran makes it very clear that both
Adam and Eve were tempted, that they both sinned and were both forgiven after their
repentance. Allah (SWT) says in the Quran:
"Then Satan whispered suggestions to them both in order to uncover that which was hidden from them
of their private parts (before); he said: "Your Lord did not forbid you this tree save you should
become angels or become of the immortals." And he (Satan) swore by Allah to them both (saying):
"Verily, I am one of the sincere well-wishers for you both." So he mislead them with deception. Then
when they tasted of the tree, that which was hidden from them of their shame (private parts) became
manifest to them and they began to stick together the leaves of Paradise over themselves (in order to
cover their shame). And their Lord called out to them (saying): "Did I not forbid you that tree and tell
you: Verily, Satan is an open enemy unto you?" They said: "Our Lord! We have wronged ourselves. If
You forgive us not, and bestow not upon us Your Mercy, we shall certainly be of the losers." (Allah)
said: "Get down, one of you an enemy to the other (i.e. Adam, Eve, and Satan, etc.). On earth will be a
dwelling-place for you and an enjoyment, - for a time." He said: "Therein you shall live, and therein
you shall die, and from it you shall be brought out (i.e. resurrected)."(Al-A’raf 7:20-25)
In Islamic law a woman is an independent, unique individual in her own right. She has the same
responsibilities towards herself, towards Allah (SWT) and towards other human beings as the male,
and will be punished or rewarded in the Hereafter without discrimination towards her female
gender.
There is no compulsion in religion according to the Quran:
"There is no compulsion in religion. Verily, the Right Path has become distinct from the wrong path.
Whoever disbelieves in Taghut [anything worshipped other then the Real God (Allah)] and believes in
Allah, then he has grasped the most trustworthy handhold that will never break. And Allah is All-
Hearer, All-Knower." (Al-Baqarah 2:256)
A Muslim woman is not permitted to change her family name to her husband’s name upon
marriage. She is always known by her father’s name, as a mark of her own identity. In choosing a
marriage partner, her consent to accept or reject any prospective suitor for marriage must be
respected. A Muslim woman has the right to seek divorce, if necessary within the laws of Islam.
2) She is equal to man in bearing personal and common responsibilities and in receiving rewards
for her deeds. She is acknowledged as an independent personality, in possession of human
qualities and worthy of spiritual aspirations. Her human nature is neither inferior to nor deviant
from that of man. Both are members of one another. God says:
And their Lord has accepted (their prayers) and answered them (saying): ’Never will I cause to be lost
the work of any of you, be he male or female; you are members, one of another … . (3:195; cf. 9:71;
33:35-36; 66:19-21)
Muslim women are not forbidden from going out in the community, working, or visiting
relatives and female friends, if there is no objection from their guardian/husband and they
are covered and behave and speak according to Islamic guidelines and, if necessary,
escorted by their Mahram (a close male relative). However, a woman’s home should be the
main base that she works from. Allah (SWT) instructed the wife’s of the Prophet (SAW):
"O wives of the Prophet! You are not like any other women. If you keep your duty (to Allah), then be
not soft in speech, lest he is whose heart is a disease (of hypocrisy or evil desire for adultery, etc.)
should be moved with desire, but speak in an honorable manner. And stay in your houses, and do not
display yourselves like that of the times of ignorance, and offer prayers perfectly (Iqamat-as-Salat),
and give Zakat and obey Allah and His Messenger. Allah wishes only to remove Ar-Rijs (evil deeds
and sins, etc.) from you, O members of the family [of the Prophet (SAW)], and to purify you with a
thorough purification." (Al-Ahzab 33:32-33)
3) She is equal to man in the pursuit of education and knowledge. When Islam enjoins the seeking
of knowledge upon Muslims, it makes no distinction between man and woman. Almost fourteen
centuries ago, Muhammad declared that pursuit of knowledge is incumbent on every Muslim
male and female. This declaration was very clear and was implemented by Muslims throughout
history.
4) She is entitled to freedom of expression as much as man is. Her sound opinions are taken into
consideration and cannot be disregarded just because she happens to belong to the female sex. It
is reported in the Qur'an and history that woman not only expressed her opinion freely but also
argued and participated in serious discussions with the Prophet himself as well as with other
Muslim leaders (Qur'an, 58:1-4; 60:10-12).
Besides, there were occasions when Muslim women expressed their views on legislative matters of
public interest, and stood in opposition to the Califs, who then accepted the sound arguments of
these women. A specific example took place during the Califate of Umar Ibn al-Khattab
5) Historical records show that women participated in public life with the early Muslims, especially
in times of emergencies. Women used to accompany the Muslim armies engaged in battles to
nurse the wounded, prepare supplies, serve the warriors, and so on. They were not shut behind
iron bars or considered worthless creatures and deprived of souls
6) Islam grants woman equal rights to contract, to enterprise, to earn and possess independently.
Her life, her property, her honor are as sacred as those of man. If she commits any offense, her
penalty is no less or more than a man's in a similar case. If she is wronged or harmed, she gets
due compensations equal to what man in her position would get (2:178; 4:45, 92-93)
While Islam does not prohibit women working outside the home, it does stipulate that the following
restrictions be followed to safeguard the dignity and honor of women and the purity and stability of
the Islamic society, (the conduct of women, after all, is the "backbone" of any society):
a) Outside employment should not come before, or seriously interfere with her responsibilities
as wife and mother.
b) Her work should not be a source of friction within the family, and the husband’s consent is
required in order to eliminate later disagreements. If she is not married, she must have her
guardian’s consent.
c) Her appearance, manner and tone of speech and overall behavior should follow Islamic
guidelines. These include: restraining her glances in relation to any men near the work place,
wearing correct Islamic dress, avoiding men, not walking in a provocative manner, and not
using make-up or perfume in public.
d) Her job should not be one which causes moral corruption in society, or involve any
prohibited trade or activity, affect her own religion, morals, dignity and good behavior, or
subject her to temptations.
e) Her job should not be one which is mixing and associating with men.
f) A woman should try to seek employment in positions which require a woman’s special
skills, or which relate to the needs of women and children, such as teaching, nursing other
women, midwifery, medicine with specialization’s like pediatric or obstetrics-gynecology.
7) Islam does not state these rights in a statistical form and then relax. It has taken all measures to
safeguard them and put them into practice as integral articles of Faith. It never tolerates those
who are inclined to prejudice against woman or discrimination between man and woman. Time
and again, the Qur'an reproaches those who used to believe woman to be inferior to man (16:57-
59, 62; 42:47-50; 43:15-19; 53:21-23)
8) Apart from recognition of woman as an independent human being acknowledged as equally
essential for the survival of humanity, Islam has given her a share of inheritance. Before Islam,
she was not only deprived of that share but was herself considered as property to be inherited by
man. Out of that transferable property Islam made an heir, acknowledging the inherent human
qualities in woman. Whether she is wife or mother, a sister or daughter, she receives a certain
share of the deceased kin’s property, a share which depends on her degree of relationship to the
deceased and the number of heirs. This share is hers, and no one can take it away or disinherit
her. Even if the deceased wishes to deprive her by making a will to other relations or in favor of
any other cause, the Law will not allow him to do so. Any proprietor is permitted to make his
will within the limit of one-third of his property, so he may not affect the rights of his heirs, men
and women. In the case of inheritance, the question of equality and sameness is fully applicable.
In principle, both man and woman are equally entitled to inherit the property of the deceased
relations but the portions they get may very. In some instances man receives two shares whereas
woman gets one only. This is no sign of giving preference or supremacy to man over woman.
The reasons why man gets more in these particular instances may be classified as follows:
First, man is the person solely responsible for the complete maintenance of his wife, his family and
any other needy relations. It is his duty by Law to assume all financial responsibilities and maintain
his dependents adequately. It is also his duty to contribute financially to all good causes in his
society. All financial burdens are borne by him alone.
Secondly, in contrast, woman has no financial responsibilities whatsoever except very little of her
personal expenses, the highly luxurious things that she likes to have. She 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 on
whom she can depend, then there is no question of inheritance because there is nothing to inherit
and there is no one to bequeath anything to her. However, she will not be left to starve; maintenance
of such a woman is the responsibility of the society as a whole, the state. She may be given aid or a
job to earn her living, and whatever money she makes will be hers. She is not responsible for the
maintenance of anybody else besides herself. If there is a man in her position, he would still be
responsible for his family and possibly any of his relations who need his help. So, in the hardest
situation her financial responsibility is limited, while his is unlimited.
Thirdly, when a woman gets less than a man does, she is not actually deprived of anything that she
has worked for. The property inherited is not the result of her earning or endeavors. It is something
coming to them from a neutral source, something additional or extra. It is something that neither
man nor woman struggled for. It is a sort of aid, and any aid has to be distributed according to the
urgent needs and responsibilities, especially when the distribution is regulated by the Law of God.
Now, we have a male heir, on one side, burdened with all kinds of financial responsibilities and
liabilities. We have, on the other side, a female heir with no financial responsibilities at all or at
most with very little of it. In between we have some property and aid to redistribute by way of
inheritance. If we deprive the female completely, it would be unjust to her because she is related to
the deceased. Likewise, if we always give her share equal to the man’s, it would be unjust to him.
So, instead of doing injustice to either side, Islam gives the man a larger portion of the inherited
property to help him to meet his family needs and social responsibilities. At the same time. Islam
has not forgotten her altogether, but has given her a portion to satisfy her very personal needs. In
fact, Islam in this respect is being more kind to her than to him. Here we can say that when taken as
a whole the rights of woman are equal to those of man although not necessarily identical (see
Qur’an, 4:11-14, 176)
9) In some instances of bearing witness to certain civil contracts, two men are required or one man
and two women. Again, this is no indication of the woman being inferior to man. It is a measure
of securing the rights of the contracting parties, because woman, as a rule, is not so experienced
in practical life as man. This lack of experience may cause a loss to any party in a given contract.
So the Law requires that at least two women should bear witness with one man. If a woman of
the witnesses forgets something, the other one would remind her. Or if she makes an error, due
to lack of experience, the other would help to correct her. This is a precautionary measure to
guarantee honest transactions and proper dealings between people. In fact, it gives woman a role
to play in civil life and helps to establish justice. At any rate, lack of experience in civil life does
not necessarily mean that woman is inferior to man in her status. Every human being lacks one
thing or another, yet no one questions their human status (2:282). (It is interesting that a
woman’s witness in certain matters is exclusive and her expertise conclusive. No man’s witness
is accepted and no more than one woman is needed. Furthermore, bearing witness to contracts
and business transactions is not a privilege but a duty (Qur’an, 2:282-283) that must be
performed.
If the woman’s share of this duty is lightened by one half, it can hardly be called a denial of her
rights; if anything, it is a favor or an exemption).
10) Woman enjoys certain privileges of which man is deprived. She is exempt from some
religious duties, i.e., prayers and fasting, in her regular periods and at times of confinement. She
is exempt from attending the obligatory congregation of Fridays.
She is exempt from all financial liabilities. As a mother, she enjoys more recognition and higher
honor in the sight of God (31:14-15; 46:15). The Prophet acknowledged this honor when he
declared that Paradise is under the feet of the mothers. She is entitled to three-fourths of the son’s
love and kindness with one-fourth left for the father. As a wife she is entitled to demand of her
prospective husband a suitable dowry that will be her own. She is entitled to complete provision and
total maintenance by the husband. She does not have to work or share with her husband the family
expenses. She is free to retain, after marriage, whatever she possessed before it, and the husband has
no right whatsoever to any of her belongings. As a daughter or sister she is entitled to security and
provision by the father and brother respectively.
That is her privilege. If she wishes to work or be self supporting and participate in handling the
family responsibilities, she is quite free to do so, provided her integrity and honor are safeguarded.
11) A woman may attend the mosque for congregational prayer. But she The Messenger of
Allah (SAW) said: "If someone’s wife asks his permission to go to the mosque, he should not
deny it to her."
Women should be covered Islamically, according to the Muslim woman's dress requirements.
The standing of woman in prayers behind man does not indicate in any sense that she is inferior
to him. Woman, as already mentioned, is exempt from attending congregational prayers which
are obligatory on man. But if she does attend she stands in separate lines made up of woman
exclusively, just as the under-aged children compose separate lines behind the adult men. This is
a regulation of discipline in prayers, and not a classification of importance. In men’s rows the
head of state stands shoulder to shoulder to the pauper. Men of the highest ranks in society stand
in prayer side by side with other men of the lowest ranks. The order of lines in prayers is
introduced to help every one to concentrate in his meditation. It is very important because
Muslim prayers are not simply chanting or the sing-a-song type. They involve actions, motions,
standing, bowing, prostration, etc. So if men mix with women in the same lines, it is possible
that something disturbing or distracting may happen. The mind will become occupied by
something alien to prayer and derailed from the clear path of meditation. The result will be a loss
of the purpose of prayers, besides an offense of adultery committed by the eye, because the eye -
by looking at forbidden things - can be guilty of adultery as much as the heart itself. Moreover,
no Muslim man or woman is allowed during prayers to touch the body of another person of the
opposite sex. If men and women stand side by side in prayer they cannot avoid touching each
other. Furthermore, when a woman is praying in front of a man or beside him, it is very likely
that any part of her dressed body may become uncovered after a certain motion of bowing or
prostrating. The man’s eye may happen to be looking at the uncovered part, with the result that
she will be embarrassed and he will be exposed to distraction or possibly evil thoughts. So, to
avoid any embarrassment and distraction, to help concentrate on meditation and pure thoughts, to
maintain harmony and order among worshippers, to fulfill the true purposes of prayers, Islam has
ordained the organization of rows, whereby men stand in front lines, children behind them, and
women behind the children. Anyone with some knowledge of the nature and purpose of Muslim
prayers can readily understand the wisdom of organizing the lines of worshippers in this manner.
12) The Muslim woman is always associated with an old tradition known as the "veil". It is
Islamic that the woman should beautify herself with the veil of honor, dignity, chastity, purity
and integrity. She should refrain from all deeds and gestures that might stir the passions of
people other than her legitimate husband or cause evil suspicion of her morality. She is warned
not to display her charms or expose her physical attractions before strangers. The veil which she
must put on is one that can save her soul from weakness, her mind from indulgence, her eyes
from lustful looks, and her personality from demoralization. Islam is most concerned with the
integrity of woman, with the safeguarding of her morals and morale and with the protection of
her character and personality (cf. Qur’an. 24:30-31)
13) By now it is clear that the status of woman in Islam is unprecedentedly high and realistically
suitable to her nature. Her rights and duties are equal to those of man but not necessarily or
absolutely identical with them. If she is deprived of one thing in some aspect, she is fully
compensated for it with more things in many other aspects.
The fact that she belongs to the female sex has no bearing on her human status or independent
personality, and it is no basis for justification of prejudice against her or injustice to her person.
Islam gives her as much as is required of her. Her rights match beautifully with her duties. The
balance between rights and duties is maintained, and no side overweighs the other. The whole status
of woman is given clearly in the Qur’anic verse which may be translated as follows:
And women shall have rights similar to the rights against them, according to what is equitable; but
man have a degree (of advantage as in some cases of inheritance) over them (2:228)
This degree is not a title of supremacy or an authorization of dominance over her. It is to correspond
with the extra responsibilities of man and give him some compensation for his unlimited liabilities.
The above-mentioned verse is always interpreted in the light of another (4:34). (Compare the
section on "The Family Life" above.)
It is these extra responsibilities that give man a degree over woman in some economic aspects. It is
not a higher degree in humanity or in character. Nor is it a dominance of one over the other or
suppression of one by the other. It is a distribution of God’s abundance according to the needs of
the nature of which God is the Maker. And He knows best what is good for woman and what is
good for man. God is absolutely true when he declares:
O mankind! Reverence your Guardian-Lord, Who created you from a single person, and created of
like nature his mate, and from them twain scattered (like seeds) countless men and women (4:1).