Status Of Women
by Dr. Jamal Badawi, Canada
Reprinted from MWL Journal, Jumad
AI-Ula 1423 - July 2002
One major objective of this paper is to provide a fair
evaluation of what Islam contributed (or failed to contribute) toward the
restoration of woman's dignity and rights. In order to achieve this objective,
it may be useful to review briefly how women were treated in general in
previous civilizations and religions, especially those which preceded Islam
(Pre-610 C.E.). Part of the information provided here, however, describes
the status of woman as late as the nineteenth century, more than twelve
centuries after Islam.
Women in Ancient Civilizations
Describing the status of the Indian women, Encyclopaedia
Britannica states: "In India, subjection was a cardinal principle. Day
and night must women be held by their protectors in a state of dependence,
says Manu. The rule of inheritance was agnatic, that is descent traced
through males to the exclusion of females." In Hindu scriptures, the description
of a good wife is as follows: "a woman whose mind, speech and body are
kept in subjection, acquires high renown in this world, and, in the next,
the same abode with her husband." (In Mace, David and Vera, Marriage East
In Athens, women were not better off than either the Indian
or the Roman women. "Athenian women were always minors, subject to some
male - to their father, to their brother, or to some of their male kin."
(History of Civilization, Vol. 3) Her consent in marriage was not generally
thought to be necessary and "she was obliged to submit to the wishes of
her parents, and receive from them her husband and her lord, even though
he were stranger to her."
A Roman wife was described by an historian as: "a babe,
a minor, a ward, a person incapable of doing or acting anything according
to her own individual taste, a person continually under the tutelage and
guardianship of her husband."
In the Encyclopaedia Britannica, we find a summary of
the legal status of women in the Roman civilization: In Roman Law a woman
was even in historic times completely dependent. If married she and her
property passed into the power of her husband ...the wife was the purchased
property of her husband, and like a slave acquired only for his benefit.
A woman could not exercise any civil or public office ... could not be
a witness, surety, tutor, or curator; she could not adopt or be adopted,
or make will or contract.
Among the Scandinavian races women were under perpetual
tutelage, whether married or unmarried. As late as the Code of Christian
V, at the end of the 17th century, it was enacted that if a woman married
without the consent of her tutor he might have, if he wished, administration
and usurpation of her goods during her life.
According to the English Common Law: ... all real property
which a wife held at the time of a marriage became a possession of her
husband. He was entitled to the rent from the land and to any profit which
might be made from operating the estate during the joint life of the spouses.
As time passed, the English courts devised means to forbid a husband's
transferring real property without the consent of his wife, but he still
retained the right to manage it and to receive the money which it produced.
As to a wife's personal property, the husband's power was complete. He
had the right to spend it as he saw fit. (Encyclopaedia Americana)
Only by the late nineteenth century did the situation
start to improve. "By a series of acts starting with the Married Women's
Property Act in 1870, amended in 1882 and 1887, married women achieved
the right to own property and to enter contracts on a par with spinsters,
widows, and divorcee." (Encyclopaedia Britannica)
Before moving on to the Quranic decrees concerning the
status of woman, a few Biblical decrees may shed more light on the subject,
thus providing a better basis for an impartial evaluation. In the Mosaic
Law, the wife was betrothed. Explaining this concept, the Encyclopaedia
Biblica states: "To betroth a wife to oneself meant simply to acquire possession
of her by payment of the purchase [honey; the betrothed is a girl for whom
the purchase money has been paid."
From the legal point of view, the consent of the girl
was not necessary for the validation of her marriage. The girl's consent
is unnecessary and the need for it is nowhere suggested in the law."
As to the right of divorce, we read in the Encyclopaedia
Biblica: "The woman being man's property, his right to divorce her follows
as a matter of course." The right to divorce was held only by man. In the
Mosaic Law divorce was a privilege of the husband only ... (Encyclopaedia
The position of the Christian Church until recent centuries
seems to have been influenced by both the Mosaic Law and by the streams
of thought that were dominant in its contemporary cultures. In their book,
Marriage East and West, David and Vera Mace wrote:
Let no one suppose, either, that our Christian heritage
is free of such slighting judgements. It would be hard to find anywhere
a collection of more degrading references to the female sex than the early
Church Fathers provide. Lecky, the famous historian, speaks of these fierce
incentives which form so conspicuous and so grotesque a portion of the
writing of the Fathers. ...woman was represented as the door of hell, as
the mother of all human ills. She should be ashamed at the very thought
that she is a woman. She should live in continual penance on account of
the curses she has brought upon the world. She should be ashamed of her
dress, for it is the memorial of her fall. She should be especially ashamed
of her beauty, for it is the most potent instrument of the devil.
One of the most scathing of these attacks on woman is
that of Tertullian: "Do you know that you are each an Eve? The sentence
of God on this sex of yours lives in this age: the guilt must of necessity
live too. You are the devil's gateway: you are the unsealer of that forbidden
tree; you are the first deserters of the divine law; you are she who persuades
him whom the devil was not valiant enough to attack. You destroyed so easily
God's image, man. On account of your desert - that is death - even the
Son of God had to die."
Not only did the church affirm the inferior status of
woman, it deprived her of legal rights she had previously enjoyed.
Women in Islam
In the midst of the darkness that engulfed the world,
the divine revelation echoed in the wide desert of Arabia with a fresh,
noble, and universal message to humanity:
"O Mankind, keep your duty to your Lord who
created you from a single soul and from it created its mate (of same kind)
and from them twain has spread a multitude of men and women." (Qur'an,
A scholar who pondered about this verse states:
"It is believed that there is no text, old or
new, that deals with the humanity of the woman from all aspects with such
amazing brevity, eloquence, depth, and originality as this divine decree."
(Al-Wa'y Al-Islami, Kuwait)
Stressing this noble and natural conception, the Qur'an states:
"He (Allah) it is Who did create you
from a single soul and therefrom did create his mate, that he might dwell
with her (in love)... " (Qur'an, 7:189)
"The Creator of heavens and earth: He has made for
you pairs from among yourselves..." (Qur'an, 42:11)
"And Allah has given you mates of your own
nature, and has given you from your mates, children and grandchildren,
and has made provision of. good things for you. Is it then in vanity that
they believe and in the grace of Allah that they disbelieve?" (Qur'an,
The rest of this paper outlines the position of Islam regarding
the status of woman] in society from its various respects -- spiritually,
socially, economically and politically.
The Spiritual Aspect
The Qur'an provides clear-cut evidence that woman is completely
equated with man in the sight of God in terms of her rights and responsibilities.
The Qur'an states:
"Every soul will be (held) in pledge for its
deeds." (Qur'an, 74:38)
It also states:
"And their Lord has accepted of them, and
answered them: 'Never will I suffer to be lost the work of any of you,
be he male or female: You are members one of another...'" (Qur'an,
Woman, according to the Qur'an, is not blamed for Adam's
first mistake. Both were jointly wrong in their disobedience to God, both
repented, and both were forgiven. (Qur'an, 2:36, 7:20-24) In one verse,
in fact, (20:121), Adam specifically was blamed.
"Whoever works righteousness, man or woman, and has
faith, verily to him will We give a new life that is good and pure, and
We will bestow on such their reward according to their actions." (Qur'an,
16:7), see also (4:124)
In terms of religious obligations, such as the daily prayers,
fasting, poor-due, and pilgrimage, woman is I no different from man. In
some cases indeed, woman has certain advantages over man. For example,
the woman is exempted from the daily prayers and from fasting during her
menstrual periods and forty days after childbirth. She is also exempted
from fasting during her pregnancy and when she is nursing her baby if there
is any threat to her health or her baby's.
If the missed fasting is obligatory (during the month
of Ramadhan), she can make up for the missed days whenever she can. She
does not have to make up for the prayers missed for any of the above reasons.
Although women can and did go into the mosque during the days of the Noble
Prophet (peace be on him) and thereafter attendance at the Friday congregational
prayers is optional for them while it is mandatory for men on Friday.
This is clearly a tender touch of the Islamic teachings
for they are considerate of the fact that a woman may be nursing her baby
or caring for him, and thus may be unable to go out to the mosque at the
time of the prayers. They also take into account the physiological and
psychological changes associated with her natural female functions.
The Social Aspect
a) As a child and an adolescent. Despite
the social acceptance of female infanticide among some Arabian tribes,
the Qur'an forbade this custom, and considered it a crime like any other
murder. "And when the female (infant) buried alive is questioned, for what
crime she was killed. " (Qur'an, 81:89)
Criticizing the attitudes of such parents who reject their
female children, the Qur'an states: "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 has 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,
Far from saving the girl's life so that she may later
suffer injustice and inequality, Islam requires kind and just treatment
for her. Among the sayings of Prophet Muhammad (peace be on him) in this
regard are the following: "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." (Ibn Hanbal) "Whosoever supports two daughters
till they mature, he and I will come on the Day of judgement as this (and
he pointed with his two fingers held together)." A similar Hadith deals
in like manner with one who supports two sisters. (Ibn Hanbal). The right
of females to seek knowledge is not different from that of males.
Prophet Muhammad (peace be on him) said: "Seeking knowledge is mandatory
for every Muslim". (Baihaqi) [the term] Muslim is used here [to include]
both males and females.
b) As a wife. The Qur'an clearly indicates
that marriage is sharing (between the two halves of the society, and that
its objectives, beside perpetuating human life, are emotional well-being
and spiritual harmony. Its bases are love and mercy.
Among the most impressive verses in the Qur'an about marriage
is the following:
"And among His signs is this that He created
mates for you from yourselves that you may find rest, peace of mind in
them, and He ordained between you love and mercy. Lo, herein indeed are
signs for' people who reflect. " (Qur'an, 30:21)
According to Islamic Law, women cannot be forced to marry
anyone without their consent. Ibn Abbas reported that a girl came to the
Messenger Muhammad (peace be on him), and she reported that her father
had forced her to marry without her consent. The Messenger gave her
the choice... (between accepting the marriage or invalidating it).
In another version, 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)."
Besides all other provisions for her protection at the time
of marriage, it was specifically decreed that woman has the full right
to her Mahr, a marriage gift, which is presented to her by her husband
and is included in the nuptial contract, and that such ownership does not
transfer to her father or husband. The concept of Mahr in Islam is neither
an actual or symbolic price for the woman, as was the case in certain cultures,
but rather it is a gift symbolizing love and affection.
The rules for married life in Islam are clear and in harmony
with upright human nature. In consideration of the physiological and psychological
make-up of man and woman, both have equal rights and claims on one another,
for one responsibility, that of leadership. This is a matter which is natural
in any collective life and which is consistent with the nature of man.
The Qur'an thus states:
"And they (women) have rights similar
to those (of men) over them, and men are a degree above them." (Qur'an,
Such degree is Quiwamah (maintenance and protection).
This refers to that natural difference between the sexes which entitles
the weaker sex to protection. It implies no superiority or advantage before
the law. Yet, man's role of leadership in relation to his family does not
mean the husband's dictatorship over his wife. Islam emphasizes the importance
of taking counsel and mutual agreement in family decisions. The Qur'an
gives us an example:
"If they (husband and wife) desire
to wean the child by mutual consent and (after) consultation, there is
no blame on them..." (Qur'an, 2:233)
Over and above her basic rights as a wife comes the right
which is emphasized by the Qur'an and is strongly recommended by the Prophet
(peace be on him); kind treatment and companionship.
The Qur'an states:
"...But consort with them in kindness, for
if you hate them it may happen that you hate a thing wherein Allah has
placed much good. " (4:19)
Prophet Muhammad (peace be on him) said:
"The best of you is
the best to his family and I am the best among you to my family."
The most perfect believers are the best in conduct and best
of you are those who are best to their wives. (Ibn Hanbal) "Behold, many
women came to Muhammad's wives complaining against their husbands (because
they beat them) - those (husbands)
are not the best of you."
As the woman's right to decide about her marriage is recognized,
so also her right to seek an end for an unsuccessful marriage is recognized.
To provide for the stability of the family, however, and in order to protect
it from hasty decisions under temporary emotional stress, certain steps
and waiting periods should be observed by men and women seeking divorce.
Considering the relatively more emotional nature of women, a good reason
for asking for divorce should be brought before the judge. Like the man,
however, the woman can divorce her husband without resorting to the court,
if the nuptial contract allows that. More specifically, some aspects of
Islamic Law concerning marriage and divorce are interesting and are worthy
of separate treatment. When the continuation of the marriage relationship
is impossible for any reason, men are still taught seek seek a gracious
end to it.
The Qur'an states about such cases:
"When you divorce women, and they reach their
prescribed term, then retain them in kindness and retain them not for injury
so that you transgress (the limits)." (2:231) See also (2:229 &
c) As a mother: Islam considered kindness to parents
next to the worship of God.
"And we have enjoined upon man (to be good)
to his parents: His mother bears him in weakness upon weakness..."
(Qur'an, 31:14) See also (46:15 & 29:8)
Moreover, the Qur'an has a special recommendation for the
good treatment of mothers:
A man came to Prophet Muhammad (peace be on him) asking:
"Your Lord has decreed that you worship none save
Him, and that you be kind to your parents..." (Qur'an, 17:23)
"O Messenger of God, who among the people is
the most worthy of my good company? The Prophet (peace be on him) said:
"Your mother." The man said then who
else? The Prophet (peace be on him) said: "Your
mother." The man asked then who else? Only then did the Prophet
(peace he on him) say: "Your father."
(Bukhari and Muslim)
A famous saying of the Prophet is:
"Paradise is at the
feet of mothers." (Al-Nissaie, Ion Majah and Ahmad)
The Economic Aspect
"It is the generous (in
character) who is good to women, and it is the
wicked who insults them!"
Islam decreed a right of which woman was deprived both
before Islam and after it (even as late as this century), the right of
independent ownership. According to Islamic Law, woman's right to her money,
real estate, or other properties is fully acknowledged. This right undergoes
no change whether she is single or married. She retains her full rights
to buy, sell, mortgage or lease any or all her properties. It is nowhere
suggested in the Law that a woman is a minor simply because she is a female.
It is also noteworthy that such right applies to her properties before
marriage as well as to whatever she acquires thereafter.
With regard to the woman's right to seek employment it
should be stated first that Islam regards her role in society as a mother
and a wife as the most sacred and essential one. Neither maids nor baby-sitters
can possibly take the mother's place as the educator of the upright, complex-free,
and carefully-reared children. Such a noble and vital role, which largely
shapes the future of nations, cannot be regarded as "idleness".
However, there is no decree in Islam which forbids woman
from seeking employment whenever there is a necessity for it, especially
in positions which fit her nature and in which society needs her most.
Examples of these professions are nursing, teaching (especially for children),
and medicine. Moreover, there is no restriction on benefiting from woman's
exceptional talent in any field. Even for the position of a judge, where
there may be a tendency to doubt the woman's fitness for the post due to
her more emotional nature, we find early Muslim scholars, such as Abu Hanifah
and Al-Tabari, holding there is nothing wrong with it.
In addition, Islam restored to woman the right of inheritance,
after she herself was an object of inheritance in some cultures. Her share
is completely hers and no one can make any claim on it, including her father
and her husband.
"Unto men (of the family) belongs a share
of that which parents and near kindred leave and unto women a share of
that which parents and near kindred leave whether it be a little or much,
a determinate share." (Qur'an, 4-7)
Her share in most cases is one-half the man's share, with
no implication that she is worth half a man! It would seem grossly inconsistent
after the overwhelming' evidence of woman's equitable treatment in Islam,
which was discussed in the preceding pages, to make such an inference.
This variation in inheritance rights is only consistent with the variations
in financial responsibilities of man and woman according to the Islamic
Man in Islam is fully responsible for the maintenance
of his wife, his children, and in some cases of his needy relatives, l
especially the females. This responsibility is neither waived nor reduced
because of his wife's wealth or because of her access to any personal income
gained from work, rent profit, or any other legal means.
Woman, on the other hand, is far more secure financially
and 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. If she is divorced, she may get an
alimony from her ex-husband.
An examination of the inheritance law within the overall
framework of the Islamic Law reveals not only justice but also ad abundance
of compassion for woman.
The Political Aspect
Any fair investigation of the teachings of Islam or into
the history of the Islamic civilization will surely find a clear evidence
of woman's equality with man in what we call today "political rights".
This includes the right of election as well as the nomination
to political offices. It also includes woman's right to participate in
public affairs. Both in the Qur'an and in Islamic history we find examples
of women who participated in serious discussions and argued even with the
Prophet (peace be on him) himself. (see Qur'an 58:1-4 & 60:10-12).
During the Caliphate of Omar Ibn al-Khattab, a woman argued
with him in the mosque, proved her point, and caused him to declare in
the presence of people: "A woman is right and Omar is wrong."
Although not mentioned in the Qur'an, one Hadith
of the Prophet interpreted to make woman ineligible for the position of
head of state. The Hadith referred to is roughly translated:
"A people will not prosper
if they let a woman be their leader."
This limitation, however, has nothing to do with the dignity
of woman or with her rights. It is rather related to the natural differences
in the biological and psychological make-up of men and women. According
to Islam, the head of the state is no mere figurehead. He leads people
in the prayers, especially on Fridays and festivities; he is continuously
engaged in the process of decision making pertaining to the security and
well-being of his people. This demanding position, or any similar one,
such as the Commander of the Army, is generally inconsistent with the physiological
and psychological make-up of woman in general.
It is a medical fact that during their monthly periods
and during their pregnancies, women undergo various physiological and psychological
changes. Such changes may occur during an emergency situation, thus affecting
her decision, without considering the excessive strain which is produced.
Moreover, some decisions require a maximum of rationality and a minimum
of emotionality - a requirement which does not coincide with the instinctive
nature of women.
Even in modern times, and in the most developed countries,
it is rare to find a woman in the position of a head of state acting as
more than a figurehead, a woman commander of the armed services, or even
a proportionate number of women representatives in parliaments, or similar
One cannot possibly ascribe this to backwardness of various
nations or to any constitutional limitation on woman's right to be in such
a position as a head of state or as a member of the parliament. It is more
logical to explain the present situation in terms of the natural and indisputable
differences between man and woman, a difference which does not imply any
"supremacy" of one over the other. The difference implies rather the "complementary"
roles of both the sexes in life.