Rights of women in Islam By

1. Rights of women in Islam By Tajudeen Adebayo

2. Outlines • Introduction • Gender Equality not Gender uniformity • Misconceptions /misconstrued stories • Equal rights • Woman as daughter • Woman as wife • Woman as co-wife in polygamy • Woman as mother • Woman as Divorcee • Woman as widow • Woman under Hijab / Niqab • Position of women in the Prophet’s farewell sermon • Conclusion

3. Introduction • You may have heard repeatedly in the speeches, and writings of the followers of western ideas that Islamic laws are contemptuous of the female sex. • Islam did the greatest service to the female sex, It gave them complete freedom; it gave individuality, an independence of thought and opinion, and formally acknowledged their natural rights. • Khadijah 'Sue' Watson - Former pastor, missionary, professor, now a teacher for women in one of the Da'wah Centers in Jeddah, started her journey towards Islam as a result of her discovery about the treatment of women in Islam. • The steps that Islam took on the rights of women are basically different in two ways from the approach of the West: • 1. Islam considers the psychologies of man and woman in its laws. • قال ربنا الذى أعطى كلّ شئ خلقه ثم هدى • “... Our Lord who gave to each (created) thing its form, then gave (it) guidance” Q 20. 50. • 2. The fact that Islam acquainted woman with her human rights, gave her individuality, freedom and independence, it never induced her to revolt against the male sex.

4. Gender Equality not Gender uniformity • Equality is different from uniformity / identicalness. Equality means parity and equitableness, while uniformity / identicalness means that they are exactly the same.. • In Islamic point of view, Allah created things in pair, male and female. Both are not identical with each other in many respects. Allah says in Q 51:49 • ومن كل شئ خلقنا زوجين لعلكم تذكرون. الذاريات 49 • “And of everything we have created pairs, that you may reflect”. • Positive and negative : The two sexes are made with the desire to live together; and to make the plan completely practical, remarkable physical and mental differences are established between them, so that their bodies and souls can be better united- Allah says: • ومن آياته أن خلق لكم من أنفسكم أزواجا لتسكنوا إليها... • “And of His signs is that He created for you, of yourselves, spouses that you might repose in them.”..Q 30.21

5. Man remains man and woman remains woman • If woman has the body, spirit, manners and behaviour of man, it would have been impossible for her to attract man towards herself. • Likewise, if man has all the physical and mental attributes of woman, it would have been impossible for woman to regard him as the hero of her life. • Islam frowns at every attempt to imitate the opposite sex. The Prophet said: • لعن الله المتشبهات من النساء بالرجال والمتشبهين بالنساء من الرجال. رواه الترمذى • “Allah has cursed those women who imitate men and those men who imitate women. “ Hadith • Creation has designed man as a symbol of searching, loving and demanding, and woman as a symbol of belovedness and attraction. • Every sex has his / her area of jurisdiction. Abu Huraira related from Allah’s Messenger (SAW): كل نفس من بني آدم سيد, فالرجل سيد أهله والمرأة سيدة بيتها. “ • “Every child of Adam is a master, , the man is the master of the family and the woman is the mistress of her home.” • Man is the head of the family while woman is his neck. Can the head turn without the neck? Food for thought!

6. Misconceptions /misconstrued stories • Origin of mankind- Some people claim that woman is created from man, but the truth is that both are created from the same source. Allah says in Q3.1 • يا أيها الناس اتقوا ربكم الذي خلقكم من نفس واحدة وخلق منها زوجها وبث منهما رجالا كثيرا ونساء... • “O mankind, fear your Lord Who created you from a single soul and created, out of it, his mate and from both of them he created men and women in multitude...” • Woman is a small devil. They say in every sin or crime committed by man, woman had her hand because Satan got Adam through Hawwah. Wherever the Qur’an describes the matter of Satan’s tempting, it uses the pronouns in dual form (i.e., referring to two persons). It says: • فوسوس لهما الشيطان, ...فدلهما بغرور • Satan tempted both of them, (7:20) So he led them both on by delusion, (7:22)   • Imran’s wife wanted a male child because of his superiority over a female child. • ...قالت ربي إنى وضعتها أنثى والله أعلم بما وضعت وليس الذكر كالأنثى... • She wanted a boy to be dedicated to the House of Allah, but Allah gave her a daughter, he was not complaining like some ignorant ones do nowadays. But Allah wanted to prove that what a man can do, woman can do better.

7. Proximity to Allah does not depend on sex • A woman can attain an enviable proximity to Allah like man because nearness to Allah does not depend upon sex, but upon faith and deeds. • The declaration in SurahAhzab ( Q33.35) clarifies this assertion. • In the Qur’an, Allah narrated stories of some pious men as well as pious women. The wives of Adam and Ibrahim, the mothers of Musa (Moses) and Isa (Jesus) and the wife of Fir’awn (Pharaoh) are women of distinction that are mentioned with great esteem in the Qur’an.  • In the history of Islam, there are many pious and distinguished women such as Khadija, Fatima Zahra, Aisha etc. There can be few men who are able to reach their high status. • A whole lengthy Surah is dedicated to women (SurahNisa Q.4) even though there is non dedicated to men. Allah discussed in the surah issues related to women, orphans, inheritance, marriage and other family rights. • Another Sura was dedicated to Maryam, the mother of Jesus. • SurahMujadala (Q58.) was revealed in response to a woman, Khaula bint Tha’laba who pleaded in respect of herself and her children.

8. Equal rights • Right to fundamental human rights – • Life - وإذا الموؤودة سئلت بأيّ ذنب قتلت-when the female (infant) buried alive will be questioned, for what sin was she killed. Q 81.8-9 • Seeking Knowledge- طلب العلم فريضة على كل مسلم ومسلمة. Seeking knowledge is compulsory on every male and female Muslims. Hadith • Ownership of property – A woman has right to own a property like her husband starting with her Mahr. (Dowry). Allah says: • وءاتوا النساء صدقاتهن نحلة فإن طبن لكم عن شئ منه فكلوه هنيئا مريئا. ...النساء 4. • “And give women (on marriage) their dowry as an obligation; but if they, of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer. Q4.4 • Rewards for worship and spiritual attainment • من عمل صالحا من ذكر أو أنثى وهو مؤمن فلنحيينه حيوة طيبة ولنجزينهم أجرهم بأحسن ما كانوا يعملون. • Whoever works righteousness, man or woman, and has faith, verily to him We will give a new life, a life that is good and pure, and We will bestow on such their rewards according to the best of their actions." (Al-Nahal:97) • Punishment of sinsas they are both accountable to Allah. • الزانية والزاني فاجلدوا كل واحد منهما مائة جلدة...(النور 2) وقال تعالى أيضا: والسارقة والسارقة فاقطعوا أيديهما... المائدة 38

9. Woman as daughter • Islam treats women in various dimensions: as daughter, as wife, as a co-wife, as mother, and as divorcee, as widow, and gives them rights accordingly. • Women always belong to the paternal family and marriage does not break this bond. Change of name after marriage is a borrowed culture. • The Islamic social order makes elaborate arrangements for fair treatment of the daughter. They must receive love and best maintenance. If been biased is allowed among children, it should be in favour of a female child. • They have as much rights as the son in educational, physical and mental upliftment. By training a girl, you have trained a nation. • Daughters have their share in the father's property, which is recognised and granted at every cost. Allah says: للرجال نصيب مما ترك الوالدان والأقربون وللنساء نصيب... • If, by chance, a woman becomes a widow or is divorced, Islamic law reverts her back to the paternal home where she may be looked after with love and affection. • The Holy Prophet (PBUH) said, "should I not tell you what is the best charity" That you should show kindness to that daughter who(becoming a widow or having been divorced) has been returned to you, and who has no other maintainer or supporter." (Ibne-e-Majah, Abwahul Adab).

10. Woman as wife • Islam encourages marriage and prohibits any deviated form of sexual gratification. The spouses in marriage agree to share rights and responsibilities to develop a happy family. Ijab wa qubul (Offer and acceptance) • The offer is usually from the man, if it will come from a woman, she has to be diplomatic about it. (lesson from Nana Khadijah and the Prophet) • The consent of the girl is essential for the completion of the marriage. • A young girl came to the holy Prophet perplexed and exclaimed: “O Messenger of Allah. . . From the hand of this father...” • “But what has your father done to you”, the Prophet asked. “He has a nephew”, she replied, “and he has given me in marriage to him before consulting me in the matter”. • “Now that he has done it,” said the Prophet, “you should not oppose it. Agree to it” • “O Messenger of Allah! I do not like my cousin. How can I be the wife of a man whom I do not like.” •  “If you do not like him, that is an end to the matter. You have full authority. Go and make the choice of man whom you would like to marry.” •  “By chance”, the girl finally admitted, “I very much like my cousin and do not like any other person, but because my father did this thing without asking my consent, I have purposely come to put questions on this matter and to get your replies, and so inform all women that henceforth fathers have no right to take a decision on their own and give their daughter in marriage to anyone they like without their consents.”

11. Woman as wife cont’d • As a wife, woman should be protected by the husband.الرجال قوامون على النساء • She should be provided with financial support according to the man’s ability • لينفق ذوا سعة من سعته ومن قدر عليه رزقه فلينفق مما ءاتاه الله لا يكلف الله نفسا إلا ما آتاها... الطلاق. • “Let a man of wealth spends of his wealth; and as for him whose provision is restricted, let him spend from what Allah has given him. Allah does not require from a soul except what He has given. Q 65.7 • If a man does not support his wife in a manner compatible with his financial resources and her needs, she would be justified to take without his permission. The Prophet told Hind bn Utba who complained of her husband’s stinginess: • خذى من ماله ما يكفيك ويكفي بنيك. • Take of his money, in a reasonable manner, what suffices you and your children. • Provision of feeding, shelter and clothing are parts of the rights of women. • The husband should respond adequately to his wife’s emotional and physical needs. The Prophet instructed a number of his companions who used to dedicate all their nights to Ibadah: إن لزوجك عليك حقا. Your wife has aright upon you. • Hadrah Umar once asked his daughter, Hafsah, about how long a married woman could endure her husband’s absence and she replied: 4 months. Then, Umar ordered that every warrior should be allowed to return to his family at most every four months. • Man should also extend a supporting hand to the wife in house chores like the Prophet as Aisha reported:كان يكون فى مهنة (أو خدمة) أهله, وإذا حضرت الصلاة خرج إلى الصلاة.

12. Woman as wife cont’d • To whom much is given, much is expected. When a man fulfils all his responsibilities as the family head, the wife should also reciprocate the kind gesture by: • Being submissive to the husband’s authority. • Absolute willingness to serve and cooperate with him. • Showing gratitude to him • Obeying the husband and Kindness to him are acts of worship. Abu hurairah reported that the Messenger of Allah said: • إذا صلت المرأة خمسها, وصامت شهرها, وحصنت فرجها, وأطاعت زوجها, قيل لها: ”ادخلى الجنة من أي أبواب الجنة شئت“. • “ when a woman prays her five (prayers), fasts her month (Ramadan), preserves her chastity, and obeys her husband, she will be told (on the Day of Judgement) “Enter Jannah from any of its eight gates”. • Pleasing him with her appearance. Abu Huraira reported from the Prophet SAW: • خير النساء التي تسرّه إذا نظر وتطيعه إذا أمر... • “…The Best of women is that who pleases him (her husband) when he looks at her, obeys him when he orders…” • Fulfilling the husband’s physical desire. The Prophet said: When a woman deserts her husband’s bed at night, the angels curse her till the morning.

13. Woman rights as co-wife in polygamy • Polygamy is one of the misconceptions that surround Islam • However, polygamy of various forms is as old as humanity on earth. • In Tibet, for example, it was the custom for a group of brothers to marry a group of sisters, and for the two groups to practice sexual communism between them, each of the men cohabiting with each of the women. • Another form of multiple partnerships is that of polyandry. In other words, a woman may have more than one husband at a time. • In Sahih al-d-Bukhari, A’ishah (the Prophet’s wife), is reported to have related that “In Arabia in the pre-Islamic period, four kinds of matrimony were practised, one of such marriages is that a group of men, less than ten in number, used to arrange to have sexual relations with a particular woman. When the woman became pregnant and a child had been born to her, the woman summoned all the members of that group, and, in conformity with the convention of that period, none of them could refuse to be present at her call. On that occasion that woman made a choice of a father for her child from amongst that group according to her own inclination. That man, however, was not entitled to refuse to acknowledge that child as his own. Thus, the child was considered to be the legal and official child of that man.

14. Woman rights in polygamy cont’d • Islam condemns all these matrimonies except polygamy with some modifications. • It abolished its non- restrictedness and confined it to a maximum of four wives. • The issue of justice between the co-wives becomes a primary condition. • Allah says: فإن خفتم ألا تعدلوا فواحدة...If you fear that you will not be equitable, then only one wife. (Q4.3). • Whoever discriminates between his wives or their children will come on the Day of Judgement with a bent side. Hadith • Financial capability- the man who wants to marry more than one wife should have the wherewithal to provide for them as enumerated earlier. • Physical and emotional capability are also required. • As a practical religion that gives no room to hypocrisy, • Islam legalises polygamy and condemned polyandry because the latter will mix paternity. • Unlike the Western communities, where Polygamy is prohibited but homosexuality and adultery is lawful! • In real sense, polygamy is a source of protection for monogamy- some wives will struggle to satisfy their husbands so that they will not look elsewhere. • Despite the age difference, the Prophet remained monogamous with Nana Khadija for about 25 years because Nana Khadija was everything he needed in a woman.

15. Woman as mother • Mothers contribute enormously to society. • The Quran recognises the pain and hardship the mother experiences while keeping the human race alive and evoking. Allah says: • ووصينا الإنسان بوالديه حملته أمه وهنا على وهن وفصاله فى عامين... • “We have enjoined on man to be good to his parents, in travail upon travail did his mother bear him, and in two years twain was his weaning" (Luqman:14). • Keeping this noble service in view, the mother is evaluated to the highest pedestal of human glory as taught by the Prophet (PBOH): الجنة تحت أقدام الأمهات. الحديث "Paradise lies at the feet of mothers,” • Islam makes it compulsory for children to obey their mothers. A mother's interest and welfare must be preferred thrice before a father's. • أي الناس أحق بحسن صحبتي قال أمك, قال ثم من؟ قال أمك, قال ثم من؟ قال أمك قال ثمّ من؟ قال أبوك. الحديث. • A mother deserves gratitude, respect, love, kindness and obedience. • ...أن اشكر لي ولوالديك إليّ المصير. • Be grateful to me and to your parents and unto me is your return. • Therefore, the kind of respect that the woman gives to the husband is repaid by the children in manifold, however, it is only the forbearing mothers who are not carried away by pursuit of money at the expense of their children’s lives that can get the reward.

16. Woman as divorcee • Islam is strongly against divorce and wants divorce to be avoided as much as possible. • Islam considers as enemies of Allah, those men who marry one woman after the other and divorce them in quick succession and whom it calls mutallaq (lit: a divorcer). • One may ask, what is the logic in saying that divorce is a lawful but detestable thing? • The marriage contract which is based on love and unity, and not on working together and comradeship, cannot be forced or coerced. • The natural mechanism of marriage, on which Islam has based its laws, is that the woman should have a position of being loved and respected in the family order. • Consequently, if, for some reasons, the wife has fallen from the position of warmth love and affection of the husband and the woman has also lost her affection for him, the foundation and the main pillar of the family had been destroyed. • Then, the Qur’an has left two windows for a man to divorce his wife in a revocable manner while the third divorce is irrevocable • الطلاق مرتان فإمساك بمعروف أو تسريح بإحسان ... البقرة. • “The Divorce is twice, after that, either you retain her on reasonable terms or release her with kindness…” (Q.2:229)

17. Woman rights in Talaq • Woman rights in Talaq are given in details in Q.2: 229- 232 and Q65 (Sura Talaq). The Summary is given below: • Divorced woman is entitled to her dowry at Talaq. (Non-refundable) • She is entitled to shelter and maintenance during the waiting period (3 menstrual periods or 3 months for non-menstruating women). • If she happens to be pregnant, the man should spend on her until she delivers. • She is entitled to a pay for breastfeeding and upkeep of such children. (Q 65.6) • She is entitled to guardianship of her little children until maturity, even if she remarries. • She should not be retained by the man mainly to be tortured physically or emotionally. • She should not be prevented from re-marrying her ex-husband or another man. • After the 3rd divorce, they cannot remarry except after another man should have divorced her after a consummated marriage not pre-arranged. • The woman may also initiate separation through ‘Khul’, but in that case, she has to refund her dowry. • In the case of ‘Khul’ she does Ida for one menstrual period. Ikrima reported from ibn Abbas that the wife of Thabit bn Qays did ‘Khul’ from her husband and the Prophet asked her to do wait for a menstrual period.

18. Woman as widow (Inheritance) • The old world either gave absolutely no inheritance to women or, when it was given, the woman was treated as a minor, which meant that she was not given independence and the status of a person having rights. • The Qur’an gives women a fixed share of the estate. • للرجال نصيب مما ترك الوالدان والأقربون وللنساء نصيب مما ترك الوالدان والأقربون مما قل منه أو كثر نصيبا مفروضا • There is share for men and a share for women from what is left by parents and those nearest related, whether the property is small or large, a legal share. Q4.7 • In Islam, a son inherits twice as much as a daughter, a brother twice as much as a sister, and a husband twice as much as a wife. Allah says: للذكر مثل حظ الأنثيين...“to the male a portion equal to that of two females” • The only exception to that rule is when the deceased left behind children and his both parents. Both the father and the mother will inherit one sixth of the property of the deceased. • The fact that a woman inherits one half of the share of a man is due to a special state of affairs. • Because, under normal circumstances, a woman is entitled to a dowry during marriage and maintenance after marriage. Whatever she inherits will be spent on her personal needs while the man spends his on himself and his family.

19. Woman under Hijab / Niqab • Hijab / Jilbab are identities of Muslim women. Allah says: • ياأيها النبي قا لأزواجك وبناتك ونساء المؤمنين يدنين عليهن من جلابيبهن ذلك أدني أن يعرفن فلا يؤذين... • O Prophet, tell your wives and daughters and the believing women they should cast their garment over their persons (when they are outdoor) that is more convenient they should be known and not molested...” • A Muslim woman should not uncover herself outside her home. Aisha said that he heard Allah’s Messenger saying: • أيما امرأة وضعت ثيابها فى غير بيت زوجها, فقد هتكت ستر ما بينها وبين الله عزّ وجلّ. • “Any woman who takes off her clothes in other than her husband’s house has indeed broken off the veil between herself and Allah” • Hijab (Head cover) is not peculiar to Islam, it was known in both Jewish and Christian religions, it is only in Islam that the enemy of Islam count it as women oppression. • Would any sensible person prefers an egg without its shell to the other in its shell? • There are divergent views on Niqab (covering of face) for female believers. However, it was compulsory for Prophets wives. • I must commend the efforts of MPAC with regards its pamphlet on Hijab.

20. Position of women in the Prophet’s Farewell sermon • This presentation might not be complete without reference to the farewell sermon of our Dear Prophet SAW. • The Prophet SAW made a passionate appeal with regards women rights when he says: • “…O People! It is true that you have certain rights in regard to your women, but they also have rights over you. Remember that you have taken them as your wives, only under Allah's trust and with His permission. If they abide by your right, to them belongs the right to be fed and clothed in kindness. Do treat your women well and be kind to them, for they are your partners and committed helpers. And it is your right that they do not make friends with anyone of whom you do not approve, as well as never to be unchaste…”

21. Conclusion • Allah created existence in pairs with natural peculiar characteristics but equal rights and duties. • Islam rendered the greatest service to woman hood, if only our women can read the Qur’an and sunnah. • It is an attempt to change these natural course that creates problem and avoidable social problems that we now live with in modern day. • Emulating the West will only relegate women to object of entertainment and advertisement that they used to be in the Jahiliyyah period. • Such blind emulation will further discourage young men from marriage as they would always have a cheap way to satisfy their lust. • Gender uniformity in the name of equality as promoted by the West will only create more unmarriageable ladies, more divorcee and more single parents. • Finally, Allah says: أفحكم الجاهلية يبغون ومن أحسن من الله حكما لقوم يوقنون. • “Do they then seek after a judgment of the days of Ignorance? But, who can give better judgment than Allah for a people whose faith is assured. Q 5.50

22. References • Abdur Rahman Doi: 1984. Shariah the Islamic law. London: Taha Publishers. • Ayatullah Muritada Mutahari: 1980. The Rights of women in Islam. Tehran: World Organisation for Islamic services. • Hamudah Abulati. 1985. Islam in Focus. Diwan Press. • MPAC: Hijab, Lets do it • Muhammad bn Ismail al-Bukhari. 2003. Sahih Bukhari. Beirut: Dar Ibn Hazm • Muslim bn Muslim. 2003. Sahih Muslim. Beirut: Dar Ibn Hazm. • Muhammad bn Isa. 2003. Sunan Tirimidhi. Beirut: Dar Ibn Hazm. • Muhammad bn Yazid al-Qazwini. 2003. Sunan Ibn Majah. Beirut: Dar Ibn Hazm. • M. Hamidullah. 1981. Introduction to Islam. IPB, Lagos, Nigeria. • Muhsin Khan et al(Trans). 1996. Interpretation of The Noble Qur’an in English language. Darussalam • Muhammad Mustafa al-Jibaly. nd. The Quest for love and mercy. Revised edition. Al-kitab & Sunnah Publishing. • Muhammad Mustafa al-Jibaly: The Fragile Vessels. Revised edition. Al-kitab and Sunnah Publishing. • Seyyid Sabiq: 1992. Fiqh Sunnah, Part 2, Dar-l-Fikr. • Sulaiman bn Ash’ath. 2003. Sunan Abi Dawud. Beirut: Dar Ibn Hazm. • www.zawaj.com

23. Thanks for listening