Rights in Islam

Women's Rights In Islam The Conditions of Women in Arabia Before Islam In those dayWomen's Rights in Islam 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  "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. If a divorce becomes necessary, there are many detailed procedures in Islamic law that really knock down the common notion that divorce in Islam is very easy and that it is the sole right of man. It is not the sole right of man alone and neither is it true that all you have to say is: "I divorce you three times," and that's it. Islam also has laws regarding custody of children. I was very surprised to see newspapers making the false claim that in all cases custody goes to the father. Custody involves the interest of the child, and laws often favor the mother  young children. Polygamy has become so mythical in the minds of many people that they assume being Muslim means having four wives. This is a false notion, of course. A very renowned anthropologist, Edward Westermarck, in his two-volume work, "History of Human Marriage," notes that there has been polygamy in virtually every culture and religion, including Judaism and Christianity. But the point here is not to say, "Why blame Islam?" Actually, Islam is the only religion even among Abrahamic faiths, that specifically limited the practice of polygamy that existed before Islam and established very strict conditions for guidance. The question, "How could any man have two wives? That's terrible!" reflects ethnocentrism. We assume that because we're living in the West and it seems strange, and we assume it must apply to all cultures, all times, under all circumstances. This simply isn't true. Let me give you one current-day example. In the savage attack on Afghanistan, genocide was committed on the Afghani people. It is estimated that 1-1.5 million people lost their lives, a great majority of whom were men of a marriageable age. Now, with a great shortage of men, what will happen to their widows, their orphans and their daughters of marriageable age? Is it better to leave them in a camp, with a handout? Or better a man is willing to take care of his fallen comrade's wife and children? It is obvious that monogamy is the norm for Muslims. If we assume that having four wives is the norm, then we assume a population of 80% female and 20% male, which is an impossibility on the aggregate level. The only verse in the Quran that speaks about polygamy, speaks about limiting not instituting polygamy. The verse was revealed after the Battle of Uhud in which many Muslims were martyred, leaving behind wives and children in need of support. This verse shows the spirit and reason of the revelation. The Quran placed obedience to parents immediately after worship of God. "We commanded mankind to be kind to his parents" [Noble Quran 31:14] And then speaks of the mother. In a very succinct statement, Prophet Muhammad (peace and blessings be upon him) said, "Paradise is at the feet of mothers." Once a man came to him and asked, "O, Messenger, who among mankind is worthy of my kindness and love?" The Prophet answered, "Your mother." "Who next?" "Your mother." "Who next?" "Your mother." Only after the third time he said, "And your father." As a sister in faith, in blood, we find the Quran speaks about men and women, that they should cooperate and collaborate in goodness. Surah 9:71 speaks about men and women as supporters and helpers of each other, ordaining the good and forbidding the evil, establishing prayers and doing charity. Prophet Muhammad (peace and blessings be upon him) echoed what the Quran said, "I command you to be kind to women." In one of his last commands in his farewell pilgrimage before his death, he kept repeating, "I command you to be kind and considerate to women." In another hadith, he said, "It is only the generous in character who is good to women, and only the evil one who insults them." On the question of attire, the Quran and the sayings of the Prophet did not say women must adopt a particular dress of a particular country. It only gives basic boundaries, and for a committed Muslim woman, she doesn't follow this simply because her father or husband tells her, but because Allah already stated that as a requirement in the Quran, and was explained through revelation given to Prophet Muhammad (peace and blessings be upon him) that this was not to restrict woman, but to provide a virtuous society where sexual attraction is not the main obsession of everyone. This forces everyone to respect the woman for what she is as a human being, as an intellectual and a spiritual being, rather than being diverted to her sexuality. Finally, a few words about political involvement. The verse quoted earlier, Surah 9:71, which speaks about men and women being supporters and helpers of each other was taken by some jurists to mean that it involves also public life. How could they ordain the good and forbid the evil without women being active in the affairs of their society? According to the Quran, I'm not talking about the practices of Muslims, in Surah 60:12, we read about Muslim women making "bayy'ah" to the Prophet. Bayy'ah as an Islamic term is somewhat analogous, to a degree, to what we would call an election, or oath of allegiance. And that was given in his capacity not only as a Prophet, but as a head of state, as he was already the head of state in Medina. During the rein of 'Umar, women participated in law making. 'Umar made a proposal of a certain regulation concerning marriage. A woman in the mosque stood up and said, "'Umar, you can't do that." 'Umar did not tell her, "Shut up, you are a woman, you have nothing to do with politics, etc." He asked, "Why?" She made her argument on the basis of Quran. In front of everybody, he stood up and said, "The woman is right and 'Umar is wrong," and he withdrew his proposal. That was the spirit in the early days of Islam. In the most authentic collection of Hadith, Hadith Bukhari, a section is devoted to the participation of women, not only in public affairs, but in the battlefield, too, and not only as logistical support. Women carried arms, and when there was great danger to the Muslims, they volunteered to participate even in the battlefield. The problems presented here are not the problems of Islam. They are problems of a lack of commitment, lack of application, or misapplication of Islamic teachings by Muslims themselves. The topics I have tried to cover here represent and exemplify the big gap that exists between the true teachings of Islam as derived from its original sources and its projected image in the West and the way some Muslims behave in the disregard of those noble teachings. There's no question that the Western media has played an important role in perpetuating these misconceptions. But in fairness, we should not blame the media alone. Western culture, in writings about other religions, in particular Islam, have distorted images. From books, novels, even in the academic circle, and sermons from the pulpit in places of worship, these kinds of prejudices are perpetuated. There are fair and honorable people in the media who are receptive to correction of inaccuracies, and who present the facts, when the facts become manifest, as we have seen in the coverage of the barbaric and cruel treatment of the Palestinians n the Occupied Territories. What I would suggest to the media is instead of depending on the distorted information about Islam, they should keep in touch with educated Muslims, and remember, the U.S. has between 5 and 6 million Muslims. Only through correct representation and open communication with Muslims in America can the media give a fair analysis of current events, given the background of those conflicts, and provide a great service to society.  s before Islam, women were treated like slaves or property. Their personal consent concerning anything related to their well-being was considered unimportant, to such a degree that they were never even treated as a party to a marriage contract. Women were used for one purpose, and then discarded. They had no independence, could own no property and were not allowed to inherit. In times of war, women were treated as part of the prize. Simply put, their condition was unspeakable. In addition the birth of a daughters in a family was not an occasion for rejoicing, but was regarded with humiliation. The practice of killing female children was uncontrolled. With the advent of Islam came the verse from the Quran condemning those who practiced female infanticide: "And when the news of (the birth of) a female (child) is brought to any of them, his face becomes dark, and he is filled with inward grief! He hides himself from the people because of the evil of that whereof he has been informed. Shall he keep her with dishonor or bury her in the earth? Certainly, evil is their decision." And as part of a description of various events on the Day of Judgment, the Quran mentions: "And when the female (infant) buried alive (as the pagan Arabs used to do) ;shall be questioned. For what sin she was killed? (At-Takwir 81:8-9) Outside Arabia conditions for women were no better. In India, Egypt, and all European countries in the Dark Ages, women were treated worse than slaves. They were not regarded as human beings but as sort of a sub-species between humans and animals;. Allah (SWT) Gave the Arab Women Their Rights The rights of Muslim women were given to us by Allah (SWT), who is All-Compassionate, All-Merciful, All-Just, All-Unbiased, All-Knowing and Most Wise. These rights, which were granted to women more than 1400 years ago, and were taught by the perfect example of the Prophet Muhammad (SAW), were given by the one Who created us and Who alone knows what rights are best for our female natures. Allah (SWT) says in the Quran: "O You who believe! You are forbidden to inherit women against their will, and you should not treat them with harshness, that you may take away part of the Mahr (bridal-money given by the husband to his wife at time of marriage) you have given them, unless they commit open illegal sexual intercourse. And live with them honorably. If you dislike them, it may be that you dislike a thing and Allah brings through it a great deal of good." (An-Nisa 4:19) The most basic right of a woman in Islam is the knowledge and recognition that she never has to ask or demand or fight for her rights which are guaranteed to her by Allah (SWT) Himself. Rights That Islam Gives to Women Human Rights Islam considers a woman to be equal to a man as a human being and as his partner in this life. Women have been created with a soul of the same nature as man’s. Allah (SWT) says in the Quran: "O mankind! Be dutiful to your Lord, Who created you from a single person (Adam), and from him (Adam) He created his wife (Eve), and from them both He created many men and women and fear Allah through Whom you demand your mutual (rights), and (do not cut the relations of) the wombs (kinship). Surely, Allah is Ever and All-Watcher over you." (Al-Nisa 4:1) And in the words of the Prophet Muhammad (SAW), "Assuredly, women are the twin halves of men." (Sahih reported by Abu-Dawud (RA) Islam does not blame Eve alone for the First Sin. The Quran makes it very clear that both Adam and Eve were tempted, that they both sinned and were both forgiven after their repentance. Allah (SWT) says in the Quran: "Then Satan whispered suggestions to them both in order to uncover that which was hidden from them of their private parts (before); he said: "Your Lord did not forbid you this tree save you should become angels or become of the immortals." And he (Satan) swore by Allah to them both (saying): "Verily, I am one of the sincere well-wishers for you both." So he mislead them with deception. Then when they tasted of the tree, that which was hidden from them of their shame (private parts) became manifest to them and they began to stick together the leaves of Paradise over themselves (in order to cover their shame). And their Lord called out to them (saying): "Did I not forbid you that tree and tell you: Verily, Satan is an open enemy unto you?" They said: "Our Lord! We have wronged ourselves. If You forgive us not, and bestow not upon us Your Mercy, we shall certainly be of the losers." (Allah) said: "Get down, one of you an enemy to the other (i.e. Adam, Eve, and Satan, etc.). On earth will be a dwelling-place for you and an enjoyment, - for a time." He said: "Therein you shall live, and therein you shall die, and from it you shall be brought out (i.e. resurrected)."(Al-A’raf 7:20-25) In Islamic law a woman is an independent, unique individual in her own right. She has the same responsibilities towards herself, towards Allah (SWT) and towards other human beings as the male, and will be punished or rewarded in the Hereafter without discrimination towards her female gender. Civil Rights There is no compulsion in religion according to the Quran: "There is no compulsion in religion. Verily, the Right Path has become distinct from the wrong path. Whoever disbelieves in Taghut [anything worshipped other then the Real God (Allah)] and believes in Allah, then he has grasped the most trustworthy handhold that will never break. And Allah is All-Hearer, All-Knower." (Al-Baqarah 2:256) A Muslim woman is not permitted to change her family name to her husband’s name upon marriage. She is always known by her father’s name, as a mark of her own identity. In choosing a marriage partner, her consent to accept or reject any prospective suitor for marriage must be respected. A Muslim woman has the right to seek divorce, if necessary within the laws of Islam. Muslim Women Have the Right to Go Outside of Her Home Muslim women are not forbidden from going out in the community, working, or visiting relatives and female friends, if there is no objection from their guardian/husband and they are covered and behave and speak according to Islamic guidelines and, if necessary, escorted by their Mahram (a close male relative). However, a woman’s home should be the main base that she works from. Allah (SWT) instructed the wife’s of the Prophet (SAW): "O wives of the Prophet! You are not like any other women. If you keep your duty (to Allah), then be not soft in speech, lest he is whose heart is a disease (of hypocrisy or evil desire for adultery, etc.) should be moved with desire, but speak in an honorable manner. And stay in your houses, and do not display yourselves like that of the times of ignorance, and offer prayers perfectly (Iqamat-as-Salat), and give Zakat and obey Allah and His Messenger. Allah wishes only to remove Ar-Rijs (evil deeds and sins, etc.) from you, O members of the family [of the Prophet (SAW)], and to purify you with a thorough purification." (Al-Ahzab 33:32-33) A Woman in Islam Has the Right to Get an Education In the words of the Prophet Muhammad (SAW): "To seek knowledge is obligatory on every Muslim." (Declared Authentic By Shaikh Muhammad Naasir-ud-Deen Al-Albaani) Muslim here meaning male and female Muslims, as women are the twin halves of men. The Prophet (SAW) also said: "Whoever follows a way to seek knowledge, Allah will make easy for him a way to paradise." (Declared Authentic By Shaikh Muhammad Naasir-ud-Deen Al-Albaani) A woman in Islam has the right to knowledge and education. Allah (SWT) encourages women to read and keep up the learning process. He also bestows His mercy upon all who seek knowledge, and gives them high status: "Is one who is obedient to Allah, prostrating himself or standing (in prayer) during the hours of the night, fearing the Hereafter and hoping for the Mercy of his Lord (like one who disbelieves)? Say: "Are those who know equal to those who know not?" It is only men of understanding who will remember (i.e. get a lesson from Allah’s Signs and Verses). (Az-Zumar 39:9) "O you who believe! When you are told to make room in the assemblies, (spread out and) make room. Allah will give you (ample) room (from His Mercy). And when you are told to rise up (for prayers, Jihad, or for any other good deed), rise up. Allah will exalt in degree those of you who believe, and those who have been granted knowledge. And Allah is Well-Acquainted with what you do. (Al-Mujadilah 58:11) This is referring to religious knowledge, in the first place, and to any other kind of knowledge, in the second place, where one has the intention of benefiting herself, her family and the Islamic society. Additionally, a husband should not forbid his wife from going out of the house to seek basic religious knowledge, unless he is teaching her at home. The Quran advises mankind to pray: "Then High above all be Allah, the True King. And be not in haste [O Muhammad (SAW)] with the Quran before its revelation is completed to you, and say: My Lord! Increase me in knowledge." (Ta-Ha 20:114) The Right to Go to the Mosque The Messenger of Allah (SAW) said: "If someone’s wife asks his permission to go to the mosque, he should not deny it to her." Women should be covered Islamically, according to the Muslim woman's dress requirements (see Her Dress). At the same time, a woman’s prayer in her home is better, from the standpoint of her household duties and duties as a mother. Also it is better in the sense that it prevents unnecessary mixing with men. The Prophet (SAW) also stated on another occasion: "But their homes are better for them." (Reported by Abu Dawud and Ahmed) Islam Gives Men and Women Equal Rights In reality, and in Islam, the rights and responsibilities of a woman are equal to those of man, but they are not necessarily identical with them. Equality and sameness are two very different things. I think you’ll agree that, for one thing, women and men are physically very different from one another, although they are equal to each other in other important ways. In the West, women may be doing the same job that men do, but their wages are often less. The rights of Western women in modern times were not created voluntarily, or out of kindness to the female. The modern Western woman reached her present position by force, and not through natural processes or mutual consent of Divine teachings. She had to force her way, and various circumstances aided her. Shortage of manpower during wars, pressure of economic needs and requirement of industry forced women to leave their homes to work, struggling for their livelihood, to appear equal to men. Whether all women are sincerely pleased with these circumstances, and whether they are happy and satisfied with the results, is a different matter. But the fact remains that whatever rights modern Western women have, they fall short of those of her Muslim counterpart! Islam has given woman what duties her female nature. It gives her full security and protects her against becoming what Western modern women themselves complain against: a "mere sex object." The Right to Seek Employment If you take a look at many societies today, a woman is only valued and considered important if she performs the functions of a man, (while at the same time displaying her feminine attractions to the public). While these women may carry the immense responsibility of bearing and rearing children, you have to admit that they may still be at par with men in nearly every area of life. The result is the present-day confusion concerning sex role differentiation, resulting in very large numbers of divorces and emotionally distraught children. In Islam, however, the value and importance of women in society and the true measure of their success as human beings, is measured with completely different criteria: their fear of Allah (SWT) and obedience to Him, and fulfillment of the duties He has entrusted them with, particularly that of bearing, rearing and teaching children. Nevertheless, Islam is a practical religion, and responds to human needs and life situations. Many women need, or wish, to work for various reasons. For example, they may possess a needed skill, such as a teacher or a doctor. While Islam does not prohibit women working outside the home, it does stipulate that the following restrictions be followed to safeguard the dignity and honor of women and the purity and stability of the Islamic society, (the conduct of women, after all, is the "backbone" of any society): 1. Outside employment should not come before, or seriously interfere with her responsibilities as wife and mother. 2. Her work should not be a source of friction within the family, and the husband’s consent is required in order to eliminate later disagreements. If she is not married, she must have her guardian’s consent. 3. Her appearance, manner and tone of speech and overall behavior should follow Islamic guidelines. These include: restraining her glances in relation to any men near the work place, wearing correct Islamic dress, avoiding men, not walking in a provocative manner, and not using make-up or perfume in public. 4. Her job should not be one which causes moral corruption in society, or involve any prohibited trade or activity, affect her own religion, morals, dignity and good behavior, or subject her to temptations. 5. Her job should not be one which is mixing and associating with men. 6. A woman should try to seek employment in positions which require a woman’s special skills, or which relate to the needs of women and children, such as teaching, nursing other women, midwifery, medicine with specialization’s like pediatric or obstetrics-gynecology. A Muslim Woman is Required to Dress a Certain Way When She Goes Out in Public For a Muslim woman, her modest dress is an expression of a universal sisterhood. An Islamic dress also liberates the Muslim woman, and she is then automatically respected for her mind instead of her body. Simply put, she retains her dignity! It is like saying: I am a respectful woman. I am not for every man to look at, touch, or speak to. I am protected, exactly like a precious white pearl which, if touched by everyone, will become black and dirty. A woman’s modest dress protects society from adultery and other forms of illegal sexual relations that lead to the break up of families and corruption of society. THE RIGHT OF A MUSLIM WOMAN IS TO BE RESPECTED FOR HER MIND AND FOR BEING HER OWN PERSON