The study of women in Islam investigates the role of women within the religion of Islam.[1] The complex relationship between women and Islam is defined by Islamic texts, the history and culture of the Muslim world.[2] The Qur'an states that both men and women are equal,[3][4][5] but also, as in 4:34, that "Men are the protectors and maintainers of women because God has given the one more (strength) than the other and because they support them from their means. Therefore the righteous women are devoutly obedient and guard in (the husband's) absence what God would have them guard."
Sharia (Islamic law) provides for complementarianism,[6] differences between women's and men's roles, rights, and obligations. However neither the Quran nor Hadith mention women have to be housewives.[7][8][9] Majority Muslim countries give women varying degrees of rights with regards to marriage, divorce, civil rights, legal status, dress code, and education based on different interpretations. Scholars and other commentators vary as to whether they are just and whether they are a correct interpretation of religious imperatives.
The Quran expresses two main views on the role of women. Men and women before God are equal in terms of their religious duties (i.e. belief in God and his messenger, praying, fasting, paying zakat , and performing the hajj) and places them in the care of men but It states that women are not equal to men in terms of inheritance, the same way that step children are not equal in terms of inheritance either, and relatives from different degrees. The Quran states that men and women are created from a single soul.[Quran 4:1] One person does not come before the other, one is not superior to the other, and one is not the derivative of the other. A woman is not created for the purpose of a man. Rather, they are both created for the mutual benefit of each other.[Quran 30:21]
The Islamic Prophet Muhammad was in a precarious position as he began to spread his teachings to his disciples. As an abtar (a man without male offspring), in a natalist and patriarchal culture, his proclaimed identity as the creator of a new religion was viewed as an affront by many who attached authority to a man with a proliferation of wives and children, and in particular, a male heir to ensure the descendance of his authority.[10] Nonetheless, Islam spread to become the dominant religion in the Arabian Peninsula, North Africa, Somalia and Djibouti in the Horn of Africa, the Anatolian region such as Turkey, and South Asia as far as Afghanistan, Pakistan, India, Malaysia and Indonesia.
The patriarchal character of pre-Islamic Arabic culture influenced not only the content of the Qur'an and related doctrine, it persists today in the interpretation and application of Islamic dogma. Theological scholarship and practices vary widely according to the country, region, or sectarian beliefs where an Islamic community is located. The largest groups of Muslim women are in: Indonesia (over 100 million), Bangladesh (over 75 million), Pakistan (over 85 million), India (over 80 million), Egypt (nearly 40 million), Nigeria (nearly 40 million), Turkey (over 35 million) and Iran (over 35 million). These countries total more than 60% of the world's Muslims; there are more than 750 million Muslim women worldwide, including sizable minorities in several countries of Africa and Europe, and in China.[11]
Islamic doctrine is the product of Qur'anic guidelines, as understood by Islamic jurisprudence (fiqh), as well as of the interpretations derived from hadith, that were agreed upon by majority of Sunni Muslim scholars as authentic beyond doubt based on the science of hadith.[2][12]
The Sunni Muslims are the largest Islamic sect, comprising approximately 80% of the world's Muslims. The Sunni sect includes many theological schools and doctrines interpreting the Qur'an. To Sunni Muslims, the hadith constitutes an important source of legislation. The fiqh is the basis of jurisprudence, or legal practise, developed by Muslim jurists during the centuries following the creation of Islam, and largely influenced by the hadith.[13] These interpretations and their application were shaped by the historical context of the Muslim world at the time they were written.[2] Many of the earliest writings were from a time of tribal warfare which could have been inappropriate for the 21st century, but most remain appropriate to how a Muslim following the sunnah should behave.
Early costumes of
Arab women.
The Marxist writer, Valentine M. Moghadam, argues that the position of women is mostly influenced by the extent of urbanization, industrialization, proletarization and political ploys of the state managers rather than culture or intrinsic properties of Islam; Islam, per Moghadam, is neither more nor less patriarchal than other world religions, especially Hinduism, Christianity and Judaism.[14][15] "The dowry, previously regarded as a bride-price paid to the father, became a nuptial gift retained by the wife as part of her personal property."[16][17]
Under Islamic law, marriage was no longer viewed as a "status" but rather as a "contract", in which the woman's consent was imperative.[16][17][18] "Women were given inheritance rights in a patriarchal society that had previously restricted inheritance to male relatives/ family members."[16] Annemarie Schimmel states that "compared to the pre-Islamic position of women, Islamic legislation meant an enormous progress; the woman has the right, at least according to the letter of the law, to administer the wealth she has brought into the family or has earned by her own work."[19]
William Montgomery Watt states that Muhammad, in the historical context of his time, can be seen as a figure who promoted women’s rights and improved things considerably. Watt explains: "At the time Islam began, the conditions of women were terrible - they had no right to own property, were supposed to be the property of the man, and if the man died everything went to his sons." Muhammad, however, by, "instituting rights of property ownership, inheritance, education and divorce, gave women certain basic safeguards."[20]
During his life Muhammad married eleven or thirteen women depending upon the differing accounts of who were his wives. In Arabian culture, marriage was generally contracted in accordance with the larger needs of the tribe and was based on the need to form alliances within the tribe and with other tribes. Virginity at the time of marriage was emphasized as a tribal honor.[21] Watt states that all of Muhammad's marriages had the political aspect of strengthening friendly relationships and were based on the Arabian custom.[22] Esposito points out that some of Muhammad's marriages were aimed at providing a livelihood for widows.[23] Francis Edwards Peters says that it is hard to make generalizations about Muhammad's marriages: many of them were political, some compassionate, and some perhaps affairs of the heart.[24]
Historically, women played an important role in the foundation of many Islamic educational institutions, such as Fatima al-Fihri's founding of the University of Al Karaouine in 859 CE. This continued through to the Ayyubid dynasty in the 12th and 13th centuries, when 160 mosques and madrasahs were established in Damascus, 26 of which were funded by women through the Waqf (charitable trust or trust law) system. Half of all the royal patrons for these institutions were also women.[25]
According to the Sunni scholar Ibn Asakir in the 12th century, there were various opportunities for female education in what is known as the medieval Islamic world. He writes that women could study, earn ijazahs (academic degrees), and qualify as scholars (ulamā’) and teachers. This was especially the case for learned and scholarly families, who wanted to ensure the highest possible education for both their sons and daughters.[26] Ibn Asakir had himself studied under 80 different female teachers in his time. In nineteenth-century West Africa, Nana Asma’u was a leading Islamic scholar, poet, teacher and an exceptionally prolific Muslim female writer who wrote more than 60 works. Female education in the Islamic world was inspired by Muhammad's wives: Khadijah, a successful businesswoman, and Aisha, a renowned hadith scholar and military leader. The education allowed was often restricted to religious instruction. According to a hadith attributed to Muhammad, he praised the women of Medina because of their desire for religious knowledge:[27]
"How splendid were the women of the
ansar; shame did not prevent them from becoming learned in the faith."
While it was not common for women to enroll as students in formal classes, it was common for women to attend informal lectures and study sessions at mosques, madrassas and other public places. For example, the attendance of women at the Fatimid "sessions of wisdom" (majālis al-ḥikma) was noted by various historians including Ibn al-Tuwayr and al-Muṣabbiḥī.[28] Similarly, although unusual in 15th-century Iran, both women and men were in attendance at the intellectual gatherings of the Ismailis where women were addressed directly by the Imam.[29]
While women accounted for no more than one percent of Islamic scholars prior to the 12th century, there was a large increase of female scholars after this. In the 15th century, Al-Sakhawi devotes an entire volume of his 12-volume biographical dictionary Daw al-lami to female scholars, giving information on 1,075 of them.[30]
Recently there have been several female Muslim scholars including Sebeca Zahra Hussain who is a prominent female scholar from the Sunni sect.
Women are allowed to work in Islam, subject to certain conditions, such as if a woman is in financial need and her employment does not cause her to neglect her role as a mother and wife.[31][32] It has been claimed that it is the responsibility of the Muslim community to organize work for women, so that she can do so in a Muslim cultural atmosphere, where her rights (as set out in the Qur'an) are respected.[32] Islamic law however, permits women to work in Islamic conditions.[32]
- The work should not require the man or the woman to violate Islamic law (e.g., serving alcohol), and be mindful of the woman's safety.
- If the work requires the woman to leave her home, she must maintain her 'modesty' just as with men.
An indicator of the attitude of the Qur'an to women in the workplace can be seen in the quotes regarding working women. These are the examples of two female shepherds Qur'an 28:23,[non-primary source needed] and Muhammad's first wife Khadijah, who was an eminent businesswoman. Khadijah is called up as a role model for females in the Qur'an.[32][33]
A Woman collecting seeds for cultivation.
The labor force in the Caliphate were employed from diverse ethnic and religious backgrounds, while both men and women were involved in diverse occupations and economic activities.[34] Women were employed in a wide range of commercial activities and diverse occupations[35] in the primary sector (as farmers, for example), secondary sector (as construction workers, dyers, spinners, etc.) and tertiary sector (as investors, doctors, nurses, presidents of guilds, brokers, peddlers, lenders, scholars, etc.).[36] Muslim women also held a monopoly over certain branches of the textile industry,[35] the largest and most specialized and market-oriented industry at the time, in occupations such as spinning, dyeing, and embroidery. In comparison, female property rights and wage labour were relatively uncommon in Europe until the Industrial Revolution in the 18th and 19th centuries.[37]
In the 12th century, the famous Islamic philosopher and qadi (judge) Ibn Rushd, known to the West as Averroes, claimed that women were equal to men in all respects and possessed equal capacities to shine in peace and in war, citing examples of female warriors among the Arabs, Greeks and Africans to support his case.[38] In early Muslim history, examples of notable female Muslims who fought during the Muslim conquests and Fitna (civil wars) as soldiers or generals included Nusaybah Bint k’ab Al Maziniyyah[39] a.k.a. Umm Amarah, Aisha,[40] Kahula and Wafeira.[41]
A unique feature of medieval Muslim hospitals was the role of female staff, who were rarely employed in hospitals elsewhere in the world. Medieval Muslim hospitals commonly employed female nurses. Muslim hospitals were also the first to employ female physicians, the most famous being two female physicians from the Banu Zuhr family who served the Almohad ruler Abu Yusuf Ya'qub al-Mansur in the 12th century.[42] This was necessary due to the segregation between male and female patients in Islamic hospitals. Later in the 15th century, female surgeons were illustrated for the first time in Şerafeddin Sabuncuoğlu's Cerrahiyyetu'l-Haniyye (Imperial Surgery).[43]
Patterns of women's employment vary throughout the Muslim world: as of 2005, 16% of Pakistani women were "economically active" (either employed, or unemployed but available to furnish labor), whereas 52% of Indonesian women were.[44]
Due to cultural and not religious beliefs, in some cases, when women have the right to work and are educated, women's job opportunities may in practice be unequal to those of men. In Egypt for example, women have limited opportunities to work in the private sector because women are still expected to put their role in the family first, which causes men to be seen as more reliable in the long term.[45]
The cumulative doctrines contained within the Qur'an, hadith and fiqh are codified by sharia law, which attempts to set down rules for collective conduct, even including behaviour and attitudes of individuals within society. In some Muslim countries, sharia has become the sole legal prescription on which judges base their rulings. In Saudi Arabia, for example, practices such as severing the hand of a thief or the tongue of a liar persist as they are set in sharia law. Similarly, the death penalty is codified for offences such as murder, rape, apostasy, drug trafficking, and homosexuality. In some theocratic states, it is in practise impossible for legal officials to question the articles of the sharia. In orthodox countries such as Saudi Arabia, Sudan, Iran, Afghanistan under the Taliban regime, and Pakistan, perceived moral weakness by individuals is punished as aggressively as desecrating a tomb or a mosque.[46]
This legal framework has resulted in human rights and women's rights groups worldwide condemning and protesting convictions and sentences of women under sharia law, as in the case of Amina Lawal. Lawal is a Nigerian woman who was sentenced to be stoned to death in 2002 for bearing a child outside of marriage. Her sentence was based on a fetwa, issued by an imam, a recognized religious authority, citing ancient rules, a right promulgated in the name of sharia.[47]
The status of women's testimony in Islam is disputed. Some Islamic jurists have held that certain types of testimony by women may not be accepted. In other cases, the testimony of two women can equal that of one man (although the Qur'an says two women and two male are needed but if a male cannot find another male he may carry this testimony out himself).[48] The reasons put forward for such attitudes include: women's temperament, women's lack of interest in legal matters,[49] and also the need to spare women from the "burden of testifying".[50] In other areas, women's testimony may be accepted on an equal basis with men's.[51][52] The verse itself however relates to finances only.[53]
Controversial tribal customs such as diyyat or blood money remain an integral part of Islamic jurisprudence. By implementation this also discriminate against women. Diyya existed in Arabia since pre-Islamic times.[54][55] While the practice of diyya was affirmed by Muhammed,[55] Islam does not prescribe any specific amount for diyyat nor does it require discrimination between men and women.[56] The Qur'an has left open to debate, its quantity, nature, and other related affairs to be defined by social custom and tradition.[56][57] However in practice, the killing of a woman will generally invoke a lesser diyyat than the killing of a man. Commentators on the status of women in Islam have often focused on disparities in diyyat, the fines paid by killers to victims' next of kin after either intentional or unintentional homicide,[56] between men and women.
Although the role of qadi (Sharia judge) has traditionally been restricted to men, some women have been appointed as qadis in recent years. In 2009, two women were appointed as qadis by the Palestinian Authority in the West Bank.[58] In 2010, Malaysia appointed two women as qadis as well. However, it was decided that as women they may only rule over custody, alimony, and common property issues, not over criminal or divorce cases, which usually make up most of a qadi's work.[59] In Indonesia, there are nearly 100 female qadis.[59]
There is disagreement among Islamic scholars as to whether women are qualified to act as qadis or not.[58]
Historically, many scholars maintain that women in Muslim societies had more property rights than in many other parts of the world.[60] However, as the world has modernised, women's rights in many Muslim dominated countries are comparatively restricted. As Valentine M. Moghadam argues, "much of the economic modernization [of women] was based on income from oil, and some came from foreign investment and capital inflows. Economic development alters the status of women in different ways across nations and classes."[61]
Women's rights in the Qur'an are based around the marriage contract. A woman, according to Islamic tradition, does not have to give her pre-marriage possessions to her husband and receives a mahr (dowry) which she is allowed to keep.[62] Furthermore, any earnings that a woman receives through employment or business is hers to keep and need not be contributed towards family expenses. This is because the financial responsibility for reasonable housing, food and other household expenses for the family, including the spouse, falls entirely on the husband. In traditional Islamic law, a woman is also not responsible for the upkeep of the home and may demand payment for any work she does in the domestic sphere.[63]
In Islam, women are entitled to the right of inheritance, Qur'an 4:7. In general, Islam allows females half the inheritance share available to males who have the same degree of relation to the deceased. Qur'an 4:11. This difference derives from men's obligations to financially support their families.[2][31]
The Qur'an contains specific and detailed guidance regarding the division of inherited wealth, such as Surah Baqarah, chapter 2 verse 180, chapter 2 verse 240; Surah Nisa, chapter 4 verse 7-9, chapter 4 verse 19, chapter 4 verse 33; and Surah Maidah, chapter 5 verse 106-108. Three verses in the Qur'an describe the share of close relatives, Surah Nisah chapter 4 verses 11, 12 and 176. However, many Islamic majority countries have allowed inherently unfair (towards women) inheritance laws and/or customs to dominate.
According to the sunnah, a woman should not be punished for having been coerced into having sex.[64][65] This is made clear by the following hadith:
During the time of Muhammad punishment was inflicted on the rapist on the solitary evidence of the woman who was raped by him. Wa'il ibn Hujr reports of an incident when a woman was raped. Later, when some people came by, she identified and accused the man of raping her. They seized him and brought him to Muhammad, who said to the woman, "Go away, for God has forgiven you," but of the man who had raped her, he said, "Stone him to death." (Tirmidhi and Abu Dawud)
According to a Sunni hadith, the punishment for committing rape is death, there is no blame attached to the victim.[66][67]
According to Muslim writer, Khalilah Sabra, despite the teaching of Islam, "An overhaul in of present laws and an objective approach to enforcing just laws that violate women must go hand in hand with a fresh look at the rights of women in countries like Saudi Arabia. The question of who interprets and who enforces the law is an important as the contents of the law itself. Presently, female victims of sexual violence throughout the Middle East who seek justice must rely on a series of male authority figures whose masculine orientation, values, and suspicions place them squarely in the ‘criminal’ camp." <refhttp://www.theshalomcenter.org/node/1323>
An illustration of the women's quarters in a
Seraglio.
Marriage customs vary in Muslim dominated countries. Cultural customs are sometimes implemented under the cover of Islam. However Islamic law allows limited polygyny under strict conditions.
According to Islamic law (sharia), marriage cannot be forced.[62][68]
Islamic jurists have traditionally held that Muslim women may only enter into marriage with Muslim men,[69] On the other hand, the Qur'an allows Muslim men to marry women of the People of the Book, a term which includes Jews and Christians, but they must be chaste. However, fiqh law has held that it is makruh (reprehensible, though not outright forbidden) for a Muslim man to marry a non-Muslim woman in a non-Muslim country. One explanation for marriage restrictions is that they are pursuant to the principle that Muslims may not place themselves in a position inferior to that of the followers of other religions.[70]
Marriage within some predominantly Muslim countries still retains practices from pre-Islamic times. Endogamy, virilocality and polygyny are practiced in some Islamic countries. In some countries, however, polygamy is outlawed or restricted by new family codes; for example the Moudawwana in Morocco.[71]Polygamy is permitted under restricted conditions,[72] but it is not widespread.[73] However, it is strongly discouraged in the Qur'an, which says, 'do justice to them all, but you won't be able to, so don't fall for one totally while ignoring other wife(wives)'. This also must be taken in historical context, as this was actually a restriction on the number of wives men of the Arabian tribes can take. Sometimes Pre-Islamic men had up to eight wives. Women are not allowed to engage in polyandry, whereas men are allowed to engage in polygyny.[72]
A marriage of pleasure, where a man pays a sum of money to a woman or her family in exchange for a temporary spousal relationship, is an ancient practice that has been revived in Iraq in recent years. Its practitioners cite sharia law as permitting the practice. Women's rights groups have condemned it as a form of legalized prostitution.[74] This type of marriage is strictly prohibited in Sunni Islam. [75]
The Qur'an considers the love between men and women to be a Sign of God.[Quran 30:21] Husbands are asked to be kind to their wives and wives are asked to be kind to their husbands. The Qur'an also encourages discussion and mutual agreement in family decisions.[62]
Muslim scholars have adopted differing interpretations of An-Nisa, 34, a Sura of the Qur'an. In the event where a woman rebels against her husband, Muslim scholars disagree on what is prescribed by the Sura. According to some interpretations, it is permissible for the man to then lightly beat his spouse. However, this is disputed by many scholars[who?] who contend that the expression used alludes to temporary physical separation. Beating should not leave a mark or cause any pain. Muhammad also said to his followers that "the best amongst you are those who are good to their wives."
Some[who?] hold that Islam enjoins sexual pleasure within marriage; see Asra Nomani's polemic "Islamic Bill of Rights for Women in the Bedroom". Some examples of this influence are set out below.
"And all married women except those whom your right hands possess (this is) Allah's ordinance to you, and lawful for you are (all women) besides those, provided that you seek (them) with your property, taking (them) in marriage not committing fornication. Then as to those whom you profit by, give them their dowries as appointed; and there is no blame on you about what you mutually agree after what is appointed; surely Allah is Knowing, Wise."
"The Believers must (eventually) win through—those who humble themselves in their prayers; who avoid vain talk; who are active in deeds of charity; who abstain from sex; except with those joined to them in the marriage bond, or (the captives) whom their right hands possess—for (in their case) they are free from blame."
— Qur'an, Sura 23 (Al-Mum'inun),
ayat 1
[77]
"O Prophet! surely We have made lawful to you your wives whom you have given their dowries, and those whom your right hand possesses out of those whom Allah has given to you as prisoners of war, and the daughters of your paternal uncles and the daughters of your paternal aunts, and the daughters of your maternal uncles and the daughters of your maternal aunts who fled with you; and a believing woman if she gave herself to the Prophet, if the Prophet desired to marry her-- specially for you, not for the (rest of) believers; We know what We have ordained for them concerning their wives and those whom their right hands possess in order that no blame may attach to you; and Allah is Forgiving, Merciful."
— Qur'an, Sura 33 (Al-Ahzab),
ayat 50
[78]
"Not so those devoted to Prayer—those who remain steadfast to their prayer; and those in whose wealth is a recognized right for the (needy) who asks and him who is prevented (for some reason from asking); and those who hold to the truth of the Day of Judgement; and those who fear the displeasure of their Lord—for their Lord’s displeasure is the opposite of Peace and Tranquillity—and those who guard their chastity, except with their wives and the (captives) whom their right hands possess—for (then) they are not to be blamed."
— Qur'an, Sura 70 (Al-Maa'raj),
ayat 22-30
[79]
A high value is placed on female chastity (not to be confused with celibacy). To protect women from accusations of unchaste behaviour, the scripture lays down severe punishments towards those who make false allegations about a woman's chastity. However, in some societies, an accusation is rarely questioned and the woman who is accused rarely has a chance to defend herself in a fair and just manner. This is always due to the local cultural customs and not a result of Islamic teachings.
Female genital mutilation has been erroneously associated with Islam. In fact it is practiced predominantly in Africa, where in certain areas it has acquired a religious dimension due to the justification that the practise is used to ensure female chastity.[80] A UNICEF study of fourteen African countries found no correlation between religion and prevalence of female genital mutilation.[81] In Mauritania, where "health campaigners estimate that more than 70 percent of Mauritanian girls undergo the partial or total removal of their external genitalia for non-medical reasons", 34 Islamic scholars signed a fatwa banning the practice in January 2010. Their aim was to prevent people from citing religion as a justification for genital mutilation. The authors cited the work of Islamic legal expert Ibn al-Hajj as support for their assertion that "[s]uch practices were not present in the Maghreb countries over the past centuries". FGM is "not an instinctive habit, according to the Malkis; therefore, it was abandoned in northern and western regions of the country," added the authors.[82][83]
The Qur'an does not discuss birth control, but the hadith do. The majority of traditions on the matter permit birth control, though some forbid it. Historically, the vast majority of Sunni and Shi'i scholars permitted birth control through coitus interruptus, so long as it was with the permission of the woman.[84] In the 21st century, the majority of Muslim scholars regard birth control to be acceptable so long as the wife and husband both agree to it.[85] Citing the permissibility of coitus interruptus, Muslim scholars argue, by analogy, that contraceptive pills, diaphragm and IUD must be acceptable as well.[84]
Islam has traditionally encouraged large families,[85] like the pre-Islamic Arabic culture before it. Limiting the number of children is recommended when a family lacks the resources to provide for them. Al-Ghazzali (1058-1111), allows for not giving birth "if the woman fears for her beauty" ("ida khafat al-mar'a 'ala jamâliha"), but other theologians disagree.[86]
Abortion (isqât al-ham or ijhadh) is allowed, on the condition that the embryo is less than 120 days in gestation,[87] the point at which Muslim teaching considers the pregnancy to have progressed too far for an abortion to be permissible. Valid reasons for abortion include, endangerment of a woman's health or if the woman has given birth many times.[86]
In Islam, a woman can initiate a divorce. According to Sharia Law, a woman can file a case in the courts for a divorce in a process called Khal'a, meaning "release from". To prevent irrational decisions and for the sake of the family's stability[according to whom?], Islam enjoins that both parties observe a waiting period (of roughly three months) before the divorce is finalized.[88]
Sharia Law states that divorce has to be confirmed on three separate occasions and not, as is commonly believed, simply three times at once. The first two instances the woman and the man are still in legal marriage. The third occasion of pronouncing divorce in the presence of the woman, the man is no longer legally the husband and therefore has to leave the house. The purpose of this procedure of divorce in Islam is to encourage reconciliation where possible. Even after divorce, the woman should wait three monthly cycles during which her husband remains responsible for her and her children's welfare and maintenance. He is not permitted to drive her out of the house.[89] This process may leave the woman destitute should her family not take her back or the ex-husband fail to support her and possibly his children.
After the third pronouncement they are not allowed to get back together as husband and wife, unless first the wife is divorced in another lawful and fully consummated marriage. This rule was made to discourage men from easily using the verbal declaration of divorce by knowing that after the third time there would be no way to return to the wife and thus encourage men's tolerance and patience[according to whom?].
Usually, assuming her husband demands a divorce, the divorced wife keeps her mahr (dowry), both the original gift and any supplementary property specified in the marriage contract. She is also given child support until the age of weaning, at which point the child's custody will be settled by the couple or by the courts.
In actual practice and outside of Islamic judicial theory, a woman’s right to divorce is often extremely limited compared with that of men in the Middle East.[90] While men can divorce their wives easily, women face many legal and financial obstacles. In practice in most of the Muslim world today divorce can be quite involved as there may be separate secular procedures to follow as well.
In some instances, a Sharia court may pronounce a marriage dissolved as a punitive measure against a woman who they have deemed to be haram, or sinful. In a 2005 case in India, a Muslim woman named Imrana turned to a Sharia court to complain of being raped by her father-in-law, Ali Mohammed. Her marriage was dissolved by the court on these grounds. Although India is a secular country, Muslim communities in rural India generally make use of the Sharia judicial system rather than the secular one. The Sharia verdict was upheld by the Indian Muslim seminary Darul ul Uloom Madrasa, which issued a fetwah in support of it. The All India Muslim Personal Law Board, consisting of 41 Muslim scholars, also upheld the verdict. In this instance, Imrana refused to accept the verdict of the Sharia court. Her case was heard in a secular court, which resulted in Ali Mohammed receiving an eight year sentence and a fine.[91]
This contentious area of religious practice and tradition is being increasingly challenged by those promoting more liberal interpretations of Islam.
In contrast to the Western world where divorce was relatively uncommon until modern times, and in contrast to the low rates of divorce in the modern Middle East, divorce was a more common occurrence in certain states of the late medieval Muslim world. In the Mamluk Sultanate and Ottoman Empire, the rate of divorce was higher than it is today in the modern Middle East, due to relatively liberal women's rights.[92] The Qur'an is explicit in addressing zawaj al-hall, or a disrupted marriage, where a man intends to remarry a former wife for a second time; (2:230) indicates that for the second marriage to be lawful for the former husband, the former wife must have been remarried during the intervening time to a second man since the renunciation of the previous marriage. The intention behind this Qur'an passage was to end abuses of the right to marital renunciation dating from ancient customs.[93]
In medieval Egypt, Al-Sakhawi recorded the marital history of 500 women, the largest sample of married women in the Middle Ages, and found that at least a third of all women in the Mamluk Sultanate of Egypt and Syria married more than once, with many marrying three or more times. According to Al-Sakhawi, as many as three out of ten marriages in 15th century Cairo ended in divorce.[94] In the early 20th century, some villages in western Java and the Malay peninsula had divorce rates as high as 70%.[92]
As with every culture, practices and cultures change over time but it is the origins of these cultures that allow us to see how and why some conclusions are formed or how a culture hypothetically speaking, goes from “point A to point B.” After discussing the topics of gender, marriage, and sexuality customs, it can be derived that changes from Pre-Islam to Islam can give a more detailed highlight of the topics discussed. As mentioned in Muslim Marriage Customs, marriage customs varied in Muslim dominated countries. In addition, in Pre-Islamic times, marriages were mainly matriarchal.[95] Matriarchal refers to descent being traced through the female line; women stayed in their tribe and children belonged to the mother’s tribe. Although this seems to indicate a higher status, practices did not indicate greater power or the absence of misogyny; they did correlate with women’s being active participants, even leaders, and greater sexual autonomy.[95] Yet, Islam brought on a more patriarchal society which highlights one of the main views of Islam expressed in the Quran,"women are not equal in terms of inheritance" (Gender Roles).
Heated debates and limitations often surround polygyny, a male marrying more than one wife. Pre-Islam describes women as having greater sexual autonomy.[95] The saying was, “as you see a man visiting the hut of women, you see women leaving the huts of men.”[95] After Islam men controlled women’s sexuality and many limitations were placed upon them.[95] Polygyny is a heated debate because it is a seed that has branched from oppression of sexual autonomy.
A water
Fountain specifically for women.
Although no limitation or prohibition against women's travelling alone is mentioned in the Qur'an, there is a debate in some Islamic sects, especially Salafis, regarding whether women may travel without a mahram (unmarriageable relative).[96] Some scholars state that a woman may not travel by herself on a journey that takes longer than three days (equivalent to 48 miles in medieval Islam).[97] According to the European Council for Fatwa and Research, this prohibition arose from fears for women's safety when travel was more dangerous.[96] Some scholars relax this prohibition for journeys likely to be safe, such as travel with a trustworthy group of men or men and women, or travel via a modern train or plane when the woman will be met upon arrival.[96]
Sheikh Ayed Al-Qarni, a Saudi Islamic scholar, has said that neither the Qur'an nor the sunnah prohibits women from driving and that it is better for a woman to drive herself than to be driven by a stranger without a legal escort.[98] (He also stated, however, that he "personally will not allow [his] wife or daughters or sisters to drive."[98]) Women are forbidden to drive in Saudi Arabia per a 1990 fatwa (religious ruling);[99] Saudi Arabia is currently the only Muslim country that bans women from driving.[100][101] When the Taliban ruled Afghanistan, they issued a 2001 decree that also banned women from driving.[102] John Esposito, professor of International Affairs and Islamic Studies at Georgetown University, has argued that these restrictions originate from cultural customs and not Islam.
Hijab is the Qur'anic requirement that Muslims, both male and female, dress and behave modestly. The most important Qur'anic verse relating to hijab is sura 24:31, which says, "And tell the believing women to lower their gaze and guard their private parts and not to display their adornment except that which ordinarily appears thereof and to draw their headcovers over their chests and not to display their adornment except to their [maharim]..."
There are regional and sectarian variations of the veil associated with hijab. Depending upon local views regarding female modesty, they may or may not cover the face or the eyes, or the entire body. These variations include:
A map showing dress code types in Islamic countries, 2008.
- Hijab - A scarf covering the hair.
- Chador - A cloak covering the head and body, but leaving the face uncovered; worn by many women in Iran when outside the home.
- Shayla - A long rectangular scarf, pinned or tucked at the shoulder, leaving the face uncovered; worn by many women in the Persian Gulf region.
- Khimar - A long rectangular scarf, covering the head, neck and shoulders, but leaving the face uncovered.
- Burka - Covers the entire head and body, including the eyes; the wearer sees through a cloth mesh eye veil sewn into the burka.
- Al-Amira - A two-piece veil that includes a close-fitting cap and a tube-shaped scarf covering the head and neck, but leaving the face uncovered.
- Niqab - A veil that leaves the eye clear (although it may be worn with an eye veil), and worn with a headscarf.[103]
The hijab, and the veil in particular, have often been viewed by many as a sign of oppression of Muslim women.[104] The wearing of the hijab has become controversial in countries where Muslims are a minority, and where majority secular opinions regard the hijab as violating women's freedom, especially in Europe amid increasing immigration of Muslims.[105] The 2006 United Kingdom debate over veils and the 2004 French law on secularity and conspicuous religious symbols in schools are two notable examples. However, it is argued that if it is acceptable for a Christian Nun to cover her head and body for religious reasons, then why is it not for a Muslim woman? [106] In France, the law banning the wearing of a face veil in public is being enforced. Sentencing includes a 150 euro fine and a citizenship course. Two women were detained in April 2011 when the law came into force.[103]
In some countries where Muslims are a minority, there is much less public opposition to the practise, although concerns about it are discussed. Canadian media, for example, have covered controversies where concerns have been raised over the veil being a possible security risk, as in cases where Muslim women have refused to remove their niqab or burka veil for voter identification at polls. In 2007, the federal government of Canada introduced a bill to ban face coverings for voter identification, but this bill was dropped as not required:
it was pointed out that thousands of Canadians have no photo ID. Requiring them to show their faces would be meaningless without photo identification against which to verify their identities. The Elections Act gives voters three ways to prove their identification in order to cast a ballot: provide a government photo ID; provide two pieces of approved ID, at least one of which must state their address (but neither of which must contain a photo); or have another voter registered in the same district vouch for them.
[107]
In Islam, there is no difference between men and women's relationship to God; they receive identical rewards and punishments for their conduct.[108] According to a saying attributed to Muhammad, women are allowed to go to mosques.[109] However, as Islam spread, it became unusual for women to worship in mosques because of fears of unchastity caused by interaction between sexes; this condition persisted until the late 1960s.[110] Since then, women have become increasingly involved in the mosque, though men and women generally worship separately.[111] (Muslims explain this by citing the need to avoid distraction during prayer prostrations that raise the buttocks while the forehead touches the ground.[112]) Separation between sexes ranges from men and women on opposite sides of an aisle, to men in front of women (as was the case in the time of Muhammad), to women in second-floor balconies or separate rooms accessible by a door for women only.[112]
In Islam's earlier history, female religious scholars were relatively common. Mohammad Akram Nadwi, a Sunni religious scholar, has compiled biographies of 8,000 female jurists, and orientalist Ignaz Goldziher earlier estimated that 15 percent of medieval hadith scholars were women.[113] After the 16th century, however, female scholars became fewer,[113] and today — while female activists and writers are relatively common — there has not been a significant female jurist in over 200 years.[114] Opportunities for women's religious education exist, but cultural barriers often keep women from pursuing such a vocation.[113]
Women's right to become imams, however, is disputed by many. A fundamental role of an imam (religious leader) in a mosque is to lead the salah (congregational prayers). Generally, women are not allowed to lead mixed prayers, because certain positions of the prayer would likely prove distracting for her and those praying behind her. However, some argue that Muhammad gave permission to Ume Warqa to lead a mixed prayer at the mosque of Dar.[115][116]
Hui women are self aware of their relative freedom as Chinese women in contrast to the status of Arab women in countries like Saudi Arabia where Arab women are restricted and forced to wear encompassing clothing. Hui women point out these restrictions as "low status", and feel better to be Chinese than to be Arab, claiming that it is Chinese women's advanced knowledge of the Qur'an which enables them to have equality between men and women.[117]
The Islamic mystic movement known as Sufism is believed to have been created by a female holy woman, Rabiah al-Basri (d. 801). She created the doctrine of "disinterested love of God".[118]
Sufi Islam teaches the doctrine of tariqa, meaning following a spiritual path in daily living habits. To support followers of this concept, separate institutions for men (ta'ifa, hizb, rabita) and women (khanqa, rabita, derga) were created. Initiates to these groups pursued a progression of seven stages of spiritual discipline, called makamat (stations) or ahwal (spiritual states).[119]
There are a number of prominent female Islamic scholars. They generally focus on questioning gender-based interpretations of the Qur'an, the traditions of the Prophet and early Islamic history. Some notable Muslim women scholars are: Azizah al-Hibri, Amina Wadud, Fatima Mernissi, Asma Barlas, Riffat Hassan, Leila Ahmed, Aisha Abdul-Rahman, and Merryl Wyn Davies.[120]
The only hadith relating to female political leadership is Sahih al-Bukhari, 5:59:709, in which Muhammad is recorded as saying that people with a female ruler will never be successful.(Muhammed was referring to the Persian people. He said, "Such people as ruled by a lady will never be successful." [122] (The al-Bukhari collection is generally regarded as authentic, though one Muslim feminist has questioned the reliability of the recorder of this particular hadith.[122]) However, many classical Islamic scholars, such as al-Tabari, supported female leadership.[122] In early Islamic history, women including Aisha, Ume Warqa, and Samra Binte Wahaib took part in political activities.[115] Other historical Muslim female leaders include Razia Sultana, who ruled the Sultanate of Delhi from 1236 to 1239,[123][124] and Shajarat ad-Durr, who ruled Egypt from 1250 to 1257.[125]
In the past several decades, many countries in which Muslims are a majority, including Indonesia,[126] Pakistan,[127] Bangladesh,[128] Turkey,[129] and Kyrgyzstan have been led by women. Nearly one-third of the Parliament of Egypt also consists of women.[130]
According to Sheikh Zoubir Bouchikhi, Imam of the Islamic Society of Greater Houston’s Southeast Mosque, nothing in Islam specifically allows or disallows voting by women.[131] Until recently most Muslim nations were non-democratic, but most today allow their citizens to have some level of voting and control over their government. The disparate times at which women’s suffrage was granted in Muslim-majority countries is indicative of the varied traditions and values present within the Muslim world. Azerbaijan has had women's suffrage since 1918.
Since 2002, Afghanistan is one of the Muslim states with the highest number of female politicians. Saudi women have been allowed to vote in some elections.[132][133]
Within the Muslim community, conservatives and Islamic feminists have used Islamic doctrine as the basis for discussion of women's rights, drawing on the Quran, the hadith, and the lives of prominent women in the early period of Muslim history as evidence.[134] Where conservatives have seen evidence that existing gender asymmetries are divinely ordained, feminists have seen more egalitarian ideals in early Islam.[134] Still others have argued that this discourse is essentialist and ahistorical, and have urged that Islamic doctrine not be the only framework within which discussion occurs.[134]
Conservatives reject the assertion that different laws prescribed for men and women imply that men are more valuable than women. Ali ibn Musa Al-reza reasoned that at the time of marriage a man has to pay something to his prospective bride, and that men are responsible for both their wives' and their own expenses but women have no such responsibility.[135]
The nebulous revivalist movement termed Islamism is one of the most dynamic movements within Islam in the 20th and 21st centuries. The experience of women in Islamist states has been varied. Women in Taliban-controlled Afghanistan faced treatment condemned by the international community.[136] Women were forced to wear the burqa in public,[137] not allowed to work,[138] not allowed to be educated after the age of eight,[139] and faced public flogging and execution for violations of the Taliban's laws.[140][141] The position of women in Iran, which has been a theocracy since its 1979 revolution, is more complex. Iranian Islamists are ideologically in favour of allowing female legislators in Iran's parliament[142] and 60% of university students are women.[143]
Liberal Muslims have urged that ijtihad, a form of critical thinking, be used to develop a more progressive form of Islam with respect to the status of women.[144] In addition, Islamic feminists have advocated for women's rights, gender equality, and social justice grounded in an Islamic framework. Although rooted in Islam, pioneers of Islamic feminism have also used secular and western feminist discourses and have sought to include Islamic feminism in the larger global feminist movement. Islamic feminists seek to highlight the teachings of equality in Islam to question patriarchal interpretations of Islamic teachings.[145] Others point out the incredible amount of flexibility of shariah law, which can offer greater protections for women if the political will to do is present.[146][147]
After the September 11, 2001, attacks, international attention was focused on the condition of women in the Muslim world.[148] Critics asserted that women are not treated as equal members of Muslim societies[149][150] and criticized Muslim societies for condoning this treatment.[149] Some critics have gone so far as to make allegations of gender apartheid due to women's status.[151] At least one critic has alleged that Western academics, especially feminists, have ignored the plight of Muslim women in order to be considered "politically correct."[152]
The Indonesian Islamic professor Nasaruddin Umar is at the forefront of a reform movement from within Islam that aims at giving women equal status. Among his works is a book "The Qur'an for women", which provides a new feminist interpretation.
Some Muslim women exposed to the growth in civil rights accessible to secular or non-Muslim women have protested to strengthen their own rights within Islamic communities. One example is Malaysia, where 60% of the population is Muslim, and where there are separate parallel legal systems for secular law and sharia law. In 2006, Marina Mahathir, the daughter of Malaysia's former Prime Minister, Mahathir Mohamad, published an editorial in the Malaysia Star newspaper to denounce what she termed "a growing form of apartheid" for Malaysia's Muslim women:
Non-Muslim Malaysian women have benefited from more progressive laws over the years while the opposite has happened for Muslim women.
She pointed out that polygamy was illegal in Malaysia for non-Muslims but not for Muslims, and that child custody arrangements for Muslims were biased towards fathers as opposed to the shared-custody arrangements of non-Muslim parents.[153] Women's groups in Malaysia began campaigning in the 1990s to have female sharia judges appointed to the sharia legal system in the country, and in 2010 two female judges were appointed.[154]
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- ^ Karon, Tony. "Megawati: The Princess Who Settled for the Presidency." Time (July 27, 2001).
- ^ Ali A. Mazrui, Pretender to Universalism: Western Culture in a Globalizing Age, Journal of Muslim Minority Affairs, Volume 21, Number 1, April 2001
- ^ MacDonald, Elizabeth and Chana R. Schoenberger. "The 100 Most Powerful Women: Khaleda Zia." Forbes (Aug. 30, 2007).
- ^ "Tansu Çiller." About.com.
- ^ Shaheen, Jack G. (2003). "Reel Bad Arabs: How Hollywood Vilifies a People". The Annals of the American Academy of Political and Social Science 588 (1): 171–193 [184]. DOI:10.1177/0002716203588001011
- ^ Islam Online.net
- ^ "Saudi women take part in election ," BBC News.
- ^ Central Intelligence Agency. "Saudi Arabia." World Factbook (2007).
- ^ a b c Deniz Kandiyoti, "Women, Islam and the State", Middle East Report, No. 173, Gender and Politics. (Nov.-Dec., 1991), pp. 9-14.
- ^ Quoted in Grand Ayatollah Makarim Shirazi, Tafsir Nemoneh, on verse 4:12.
- ^ M. J. Gohari (2000). The Taliban: Ascent to Power. Oxford: Oxford University Press, pp. 108-110. For an example, see http://www.state.gov/g/drl/rls/6185.htm.
- ^ M. J. Gohari (2000). The Taliban: Ascent to Power. Oxford: Oxford University Press, pp. 108-110.
- ^ Office of the United Nations High Commissioner for Refugees. "Chronology of Events January 1995 - February 1997."[dead link] UNHCR.org.
- ^ U.S. Bureau of Democracy, Human Rights and Labor. "Report on the Taliban's War Against Women." State.gov (November 17, 2001).
- ^ "The Taliban's War on Women"PDF (857 KB), Physicians for Human Rights, August 1998.
- ^ A woman being flogged in public
- ^ See, e.g., Tahereh Saffarzadeh, Masumeh Ebtekar, Marzieh Dabbaq and Zahra Rahnavard.
- ^ Esfandiari, Golnaz. "Iran: Number Of Female University Students Rising Dramatically." Radio Free Europe/Free Liberty (November 19, 2003).
- ^ Haddad, Moore, and Smith, p19.
- ^ Madran, Margot. "Islamic feminism: what's in a name?" Al-Ahram Weekly Online, issue no. 569 (January 17–23, 2002).
- ^ "The Role of Islamic Shari’ah in Protecting Women’s Rights". http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1526868.
- ^ [2] Wagner, Rob L.: "Saudi-Islamic Feminist Movement: A Struggle for Male Allies and the Right Female Voice", University for Peace (Peace and Conflict Monitor), March 29, 2011.
- ^ United States Institute of Peace. "Women, Human Rights, and Islam."[dead link] Peace Watch (August 2002).
- ^ a b Timothy Garton Ash (10-05-2006). "Islam in Europe". The New York Review of Books. http://www.nybooks.com/articles/19371.
- ^ Kamguian, Azam. "The Liberation of Women in the Middle East." NTPI.org.
- ^ Feminist author Phyllis Chesler, for example, asserted: "Islamists oppose the ideals of dignity and equality for women by their practice of gender apartheid."[3] For further examples, see http://www.google.com/search?q=%22gender+apartheid%22+islam
- ^ Lopez, Katherine Jean. A survey conducted by the Gallup Organization found that most Muslim women did not see themselves as oppressed.[4] "Witness to the Death of Feminism: Phyllis Chesler on Her Sisterhood at War." National Review (March 08, 2006).
- ^ Berger, Sebastien (March 11, 2006). "Malaysian Muslim women 'live under apartheid'". London: http://www.telegraph.co.uk. http://www.telegraph.co.uk/news/worldnews/asia/malaysia/1512732/Malaysian-Muslim-women-live-under-apartheid.html. Retrieved September 3, 2011.
- ^ England, Vaudine (July 9, 2010). "Malaysian groups welcome first Islamic female judges". http://www.bbc.co.uk. http://www.bbc.co.uk/news/10567857. Retrieved September 3, 2011.
- Bullough, Vern L (2001). "Islam," Encyclopedia of Birth Control. Santa-Barbara: ABC-CLIO.
- El Fadl, Khaled Abou. "The Death Penalty, Mercy, and Islam: A Call for Retrospection." In Religion and the Death Penalty: A Call for Reckoning (Erik C. Owens, John David Carlson, and Eric P. Elshtain, eds.). Wm. B. Eerdmans Publishing (2004), ISBN 0-8028-2172-3.
- Esposito, John (2003). The Oxford Dictionary of Islam. Oxford University Press.
- Esposito, John (2011). What Everyone Needs To Know About Islam. New York: Oxford University Press.
- Friedmann, Yohanan (2003). Tolerance and Coercion in Islam: Interfaith Relations in the Muslim Tradition. Cambridge University Press. ISBN 978-0-521-02699-4.
- Glassé, Cyril. The New Encyclopedia of Islam (2002), AltaMira Press, ISBN 0-7591-0189-2.
- Yvonne Haddad and John Esposito. Islam, Gender, and Social Change, Published 1998. Oxford University Press, US. ISBN 0-19-511357-8.
- Yvonne Yazbeck Haddad, Kathleen M. Moore, and Jane I Smith. Muslim Women in America: The Challenge of Islamic Identity Today. Oxford University Press (2006): ISBN 0-19-517783-5.
- Hessini, L., 1994, Wearing the Hijab in Contemporary Morocco: Choice and Identity, in Göçek, F. M. & Balaghi, S., Reconstructing Gender in the Middle East: Tradition, Identity & Power, New York, Columbia University Press
- Suad Joseph and Afsaneh Najmabadi. Encyclopedia of Women & Islamic Cultures BRILL (2005), ISBN 90-04-12818-2
- Javed Ahmed Ghamidi. Mizan. Al-Mawrid (2001–present).
- Levy, Reuben (1969). The Social Structure of Islam. UK: Cambridge University Press.
- Scripture
- Books
- Roded, Ruth (1994). Women in Islamic biographical collections: from Ibn Saʻd to Who's who. Lynne Rienner Publishers. ISBN 978-1-55587-442-1.
- Bernadette Andrea, Women and Islam in Early Modern English Literature, Cambridge University Press, 2008 Amazon.com: Women and Islam in Early Modern English Literature (9780521867641): Bernadette Andrea: Books
- Leila Ahmed, Women and Gender in Islam: Historical roots of a modern debate, Yale University Press, 1992
- Karen Armstrong, The Battle for God: Fundamentalism in Judaism, Christianity and Islam, London, HarperCollins/Routledge, 2001
- Alya Baffoun, Women and Social Change in the Muslim Arab World, In Women in Islam. Pergamon Press, 1982.
- Nonie Darwish, Cruel and Usual Punishment: The Terrifying Global Implications of Islamic Law, Thomas Nelson, 2008. ISBN 978-1-59555-161-0
- John Esposito and Yvonne Yazbeck Haddad, Islam, Gender, and Social Change, Oxford University Press, 1997, ISBN 0-19-511357-8
- Gavin Hambly, Women in the Medieval Islamic World, Palgrave Macmillan, 1999, ISBN 0-312-22451-6
- Suad Joseph, ed. Encyclopedia of Women and Islamic Cultures. Leiden: Brill, Vol 1-4, 2003-2007.
- Sultan.org - Islamic portal dealing with many points related to women in Islam.
- Rasoulallah.net - numerous entries under the title 'Refuting Misconceptions about Women in Islam'.
- Oxford Islamic Studies Online - numerous entries dealing with the role of women in Islamic societies.
- www.IslamsWomen.com Muslim Woman Status, Rights, Hijab, Marriage, and More – Official Website.
- The Rights And Duties of Women In Islam
- Women and Islam A set of essays discussing women in Islam, including polygamy, inheritance, marriage to non-Muslims, birth control, and Islamic dress. Also highlighting Quranic and Biblical references concerning women.
- Women in Muslim History: Traditional Perspectives and New Strategies
- My Mother and My Religion: Mothers in Islam
- WOMEN IN THE MIDDLE EAST: PROGRESS OR REGRESS? Middle East Review of International Affairs, Volume 10, No. 2, Article 2 - June 2006
- The Status of Women in Islam by Dr. Jamal Badawi
- Women in Islam vs. Women in the Judeo-Christian Tradition
- Women in Islam
- The Noble Women Scholars of Hadeeth
- Division of Inheritance in Islam
- Dr. Zakir Naik on Women's Rights in Islam
- Interview with Moroccan activist Nouzha Guessous on www.resetdoc.org
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