The issue of women in Islam, is topic of great misunderstanding and distortion due partly to a lack of understanding, but also partly due to misbehavior of some Muslims which has been taken to represent the teachings of Islam. We speak here about what Islam teaches, and that is that standard according to which Muslims are to be judged. As such, my basis and source is the Quran--the words of Allah, and the sayings of the Prophet, his deeds and his confirmation. Islamic laws are derived from these sources. To facilitate our discussion we can discuss the position of women from a spiritual, economic, social, and political standpoint.
From the spiritual aspect, there are seven points to remember:
According to the Quran, men and women have the same spirit, there is no superiority in the spiritual sense between men and women. [Noble Quran 4:1, 7:189, 42:11]
The Quran makes it clear that all human beings (and the phraseology doesn't apply to men or women alone, but to both) have what you might call a human; He
"breathed some of My spirit into divine touch. When God created him"(or her in this sense). [Noble Quran 15:29 See also 32:9]
Some of His spirit here means not in the incarnational sense, but the pure, innate spiritual nature that God has endowed her or him with.
The Quran indicates again that one of the most honored positions of human, is that God created the human, and as I referred to Surah 17 earlier, it means both sexes, as His trustee and representative on earth. There are many references in the Quran that reaffirm this.
Nowhere in the Quran do we find any trace of any notion of blaming Eve for the first mistake or for eating from the forbidden tree. Nowhere, even though the Quran speaks about Adam, Eve, and the forbidden tree, but in a totally different spirit. The story is narrated in 7:19-27, and it speaks about both of them doing this, both of them are told that both of them disobeyed, both of them discovered the consequences of their disobedience, both of them seek repentance and both of them are forgiven. Nowhere in the Quran does it say woman is to be blamed for the fall of man. Furthermore, when the Quran speaks about the suffering of women during the period of pregnancy and childbirth, nowhere does it connect it with the concept of original sin, because there is no concept of original sin in Islam. The suffering is presented not as a reason to remind woman of the fall of man, but as a reason to adore and love woman or the mother. In the Quran, especially 31:14, 46:15, it makes it quite clear God has commanded upon mankind to be kind to parents and mentions,
"His mother bore him in difficulty or suffering upon suffering." [Noble Quran 31:14, 46:15]
The Quran makes it clear again to remove any notion of superiority and I refer you again to 49:13. I must caution you that there are some mistaken translations, but if you go to the original Arabic, there is no question of gender being involved.
In terms of moral, spiritual duties, acts of worship, the requirements of men and women are the same, except in some cases when women have certain concessions because of their feminine nature, or their health or the health of their babies.
The Quran explicitly, in more than one verse, 3:195, 4:124, specified that whoever does good deeds, and is a believer and then specifies "male or female" God will give them an abundant reward.
In the area of economic rights, we have to remember that in Europe until the 19th century, women did not have the right to own their own property. When they were married, either it would transfer to the husband or she would not be able to dispense of it without permission of her husband. In Britain, perhaps the first country to give women some property rights, laws were passed in the 1860's known as "Married Women Property Act." More than 1300 years earlier, that right was clearly established in Islamic law.
"Whatever men earn, they have a share of that and whatever women earn, they have a share in that." [Noble Quran 4:32]
Secondly, there is no restriction in Islamic law that says a woman cannot work or have a profession, that her only place is in the home. In fact, by definition, in a truly Islamic society, there must be women physicians, women nurses, women teachers, because it's preferable also to separate teenagers in the volatile years in high school education. And if she chooses to work, or if she's married with the consent of her husband, she's entitled to equal pay, not for equal work, but for work of equal worth.
Thirdly, when it comes to financial security, Islamic law is more tilted in many respects towards women. These are seven examples:
During the period of engagement, a woman is to be on the receiving side of gifts.
At the time of marriage, it is the duty of the husband, not the bride's family. He is supposed to pay for a marital gift. The Quran called it a gift, and it is exclusively the right of the woman. She doesn't have to spend it on the household, she doesn't have to give it to her father or anyone else.
If the woman happened to own any property prior to marriage, she retains that property after marriage. It remains under her control. Also, in most Muslim countries, the woman keeps her own last name, and her own identity.
If the woman has any earnings during her marital life, by way of investments of her property or as a result of work, she doesn't have to spend one penny of that income on the household, it is entirely hers.
The full maintenance and support of a married woman is the entire responsibility of her husband, even though she might be richer than he is. She doesn't have to spend a penny.
At the time of divorce, there are certain guarantees during the waiting period and even beyond for a woman's support.
If the widow or divorcee has children, she's entitled to child support.
In return for these listed securities, it is clear why the Islamic laws pertaining to inheritance give men a higher share. From the social standpoint, as a daughter we find that credit goes to Islam for stopping the barbaric practice of pre-Islamic Arabs of female infanticide. These ignorant people used to bury female daughters alive. The Quran forbade the practice, making it a crime. Surah 81 Additionally, the Quran condemned the chauvinistic attitudes of some people who used to greet the birth of a boy with gladness, but sadness in the case of a girl.
The duty, not the right, the duty of education, as the Prophet said, is a duty on every Muslim, male and female.
As far as treatment of daughters is concerned, Prophet Muhammad (peace and blessings be upon him) said, "Anyone who has two daughters, and did not bury them, did not insult them and brought them up properly, he and I will be like this," holding his two fingers close together. Another version adds, "And also did not favor his sons over daughters." One time the Prophet (peace and blessings be upon him) was seated. A companion was sitting with him. The companion's son came. He kissed his son and put him on his lap. Then his daughter came, and he just sat her by his side. The Prophet told the man, "You did not do Justice," meaning he should have treated the daughter equally, kissed her and put her in his lap also. Indeed, whenever the Prophet's daughter Fatimah came to him, in front of everyone, he stood up, kissed her and let her sit in his favorite place where he'd been sitting.
From the marital standpoint, the Quran clearly indicates in Surahs 30:20 and 42:11 that marriage is not just an inevitable evil, marriage is not somebody getting married to his master or slave, but rather to his partner.
"Among His Signs is this, that he created for you mates from among yourselves, that they may dwell in tranquility with them, and He has put love and mercy between your (hearts): Verily in that are signs for those who reflect." [Noble Quran 30:21]
There are numerous verses in the Quran to the same effect.
Secondly, the approval and consent of the girl to marriage is a prerequisite for the validity of marriage in Islam. She has the right to say yes or no.
Husbands' and wives' duties are mutual responsibilities. They might not be identical duties, but the totality of rights and responsibilities are balanced. The Quran says:
"Women have the same rights (in relation to their husbands) as are expected in all decency from them, while men stand a step above them." [Noble Quran 2:228]
This only specifies the degree of responsibility, not privilege, in man's role as provider, protector, maintainer, and leader of the family. The same Surah speaks about divorce, about consultation between husband and wife, even in the case of divorce. When there are family disputes, first the Quran appeals to reason and the consideration of positive aspects of one's spouse,
"Dwell with your wives in kindness for even if you hate them, you might be hating someone in whom God has placed so much good." [Noble Quran 4:19]
If that appeal does not succeed, and problems between the husband and wife continue, there are measures that can be applied. Some of these measures are done privately between husband and wife. Some of them might appear harsh, but there are qualifications to restrict excessive or abusive use of these measures. These measures are considered an attempt to save a marriage rather than break a family apart. If the situation does not improve, even with the limitation and prevention of excesses, the next step is a family council. One arbiter from his family and one from her family should sit together with the couple and try to resolve the problems.
