Status of Women in Islam

Islam was revealed at a time when a lot of people denied the humanity of the woman; some were skeptical about it, and still, others admitted it, yet considered the woman a thing created for the humble service of the man. Islam is the first religion that defined the status and rights of women. 

The Woman as Human Being

Islam was revealed at a time when a lot of people denied the humanity of the woman; some were skeptical about it, and still, others admitted it, yet considered the woman a thing created for the humble service of the man.

With the advent of Islam, circumstances improved for the woman. The woman's dignity and humanity were restored. Islam confirmed her capacity to carry out Allah's commands, her responsibilities, and observation of the commands that lead to heaven. Islam considered the woman as a worthy human being, with a share in humanity equal to that of the man. Both are two branches of a single tree and two children from the same father, Adam, and mother, Eve. Their single origin, their general human traits, their responsibility for the observation of religious duties with the consequent reward or punishment, and the unity of their destiny all bear witness to their equality from the Islamic point of view.

Legal testimony

The Quranic verse known as "the indebtedness verse" in which Allah prescribes writing debt contracts as a precautionary measure is: "And get two witnesses out of your own men. And if there are not two men (available), then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs, tile other can remind her. And the witnesses should not refuse when they are called on (for evidence). [ Surah 2:282] Thus, the Qur'an makes the testimony of Oman equal to the testimony of two women. Moreover, the majority of jurisprudents establish that a woman's testimony does not count in major crimes and in matters which do not relate to the rule of retaliation in kind.

Yet the distinction is far from being due to any belief in a deficiency of the woman's humanity and integrity. It is rather due to her natural disposition and her special inclinations which may exclude her involvement in such matters while being focused on motherhood or the household. Hence, there is very likely to be a kind of characteristic inattention on her part when it comes to handling these matters. For this reason, Allah commands creditors if they want to verify the value of debt to seek the testimony of two men or one man and two women. The Qur'an puts it unambiguously: " so that if one of them (two women) errs, the other can remind her. [ Surah 2:282]

Inheritance

The difference between the man and the woman in their respective shares in inheritance established by Allah's statement: " Allah commands you as regards your children's (inheritance); to the male, a portion equal to that of two females. [ Surah 4:11], is clearly due to the difference in the duties and costs that each has to cope with by virtue of the Islamic teachings.

Blood money

There is not a single well-authenticated statement by the Prophet (blessings and peace be upon him), nor any consensus of religious authorities (Ijm,') to establish that the blood money paid for the killing of a woman is half the sum paid for the killing of a man. There are two Hadiths (prophetic traditions), neither perfectly authenticated, that address the question. The best one in terms of authentication is that narrated Al-Nisa"i and Al-Daraqatny, which still suffers a time gap in the chain of transmitters up to the Prophet (blessings and peace be upon him). Statements related to the Companions suffer in the same manner. What remains then is the only well-authenticated tradition on the subject "for a soul, a hundred camels."

The general agreement of authorities that make the value of the blood money paid for the killing of a woman half that for the killing of a man falls short of a consensus. Ibn `UIayya and Al-Asam, two scholars from the high order of jurisprudents (fuquh," as-salaf) make the value of the blood money the same for both men and women. This opinion is in agreement with the generality of reference to "believer" and `soul" in the Qur'an and the Hadith. If we opt for this opinion today, we are not to blame since, in addition to the previous reason, the legal opinion (fatwa) could change with the age and environment but the new legal opinion is not in conflict with the relevant textual statements nor with the general objectives of Islamic Teachings. Under the subtitle of "Blood Money, the Same for Men and Women,"

Guardianship

Allah assigns guardianship to the man by virtue of the Quranic verse: " Men are the protectors of women, because Allah has made one of them excel the other and because they spend (to support them) from their means". [ Surah 4:34]

There are two reasons for this, one has to do with a natural quality and the other relates to something acquired. First, Allah has provided the man with the quality of greater strength whereas he has equipped the woman with a lighter and usually more delicate physique. Secondly, Allah has delegated the man to be the family provider. If the family collapses, he must bear the brunt of the collapse. This responsibility naturally entails deference and support.

Judiciary and political corps

Abu Hanifa establishes that women are not forbidden from occupying positions in the judiciary system in matters that are of their sphere of testimony, that is in non-criminal affairs. At-Tabari and Ibn Hazim, on the other hand, establish the authority of their judgment of criminal cases, as well as financial and other cases. Yet, that this is not prohibited does not give it the status of incumbency or necessity. It is a possibility that can be adjusted according to different circumstances and interests: the interest of the family, the interest of the community and, above all, the interest of Islam. Thus, the possibility may lead to a situation where some distinguished women at a certain point of their age are chosen for the judgeship in certain matters and under certain circumstances.

The Woman as Feminine Being

Islam has always appreciated the femininity of the woman and regarded her as playing a role integral to that of the man, and similarly regarded the man as playing a role integral to that of the woman. Neither is a foe, adversary or a competitor to the other. Rather, each is a help to the other in attaining the relative perfection of his or her person and each's whole sex.

The Woman as Mother

The first contact with a woman is with one's mother, who suffers in the pregnancy, delivery, nursing, and rearing of her child.

History does not recall a religion or a system which honors the woman as a mother and which raises her as Islam does. Islam repeatedly commends the woman, and this comes directly after the command to worship and believe in the Oneness of Allah. Allah has made honoring one's mother a virtue, and He puts forth the mother's right over that of the father for what she endures in pregnancy, delivery, nursing and raising her children. This is stated and restated in the Qur'an, in multiple chapters, to imprint this notion in the child's mind and heart as per the following verses: "And we have enjoined on man (to be dutiful and good) to his parents. His mother bore him in weakness and hardship upon weakness and hardship, and his weaning is in two years give thanks to Me and your parents,-unto Me is the final destination. [Surah 31:14] and "And We have enjoined on man to be dutiful and kind to his parents.

Woman as daughter

In pre-Islamic times, the Arabs used to be disheartened and annoyed with the birth of girls, so that a father, when informed his wife had given birth to a girl, said, "By Allah, she is not as blissful as a son; her defense is crying and her care is but stealing!" He meant she could not defend her father and her family except by screaming and crying, not by fighting and carrying arms. She also cannot be good to them and care for them except by taking from her husband's money to give to her family. Their traditions allowed the father to bury his daughter alive for actual poverty, or for expected poverty, or out of fear of a disgrace she might bring upon them when she grew up. In that context, the Qur'an says, denouncing and derogating them: "And when the female (infant) buried alive (as the pagan Arabs used to do) shall be questioned. For what sin was she killed? [Surah 81:8-9]

The Quran also describes the condition of fathers when daughters are born: "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 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". [ Surah 16:58-59]

Some ancient laws gave the father the right to sell his daughter if he wished, while others allowed him to hand her to another man who would either kill her or own her if the father killed the other man's daughter.

When Islam was revealed, it decreed a daughter-like a son-was a gift from Allah, to be granted to whomever Allah wishes of His worshippers.

The Woman as Daughter

In pre-Islamic times, the Arabs used to be disheartened and annoyed with the birth of girls, so that a father, when informed his wife had given birth to a girl, said, "By Allah, she is not as blissful as a son; her defense is crying and her care is but stealing!" He meant she could not defend her father and her family except by screaming and crying, not by fighting and carrying arms. She also cannot be good to them and care for them except by taking from her husband's money to give to her family. Their traditions allowed the father to bury his daughter alive for actual poverty, or for expected poverty, or out of fear of a disgrace she might bring upon them when she grew up. In that context, the Qur'an says, denouncing and derogating them: "And when the female (infant) buried alive (as the pagan Arabs used to do) shall be questioned. For what sin was she killed? [Surah 81:8-9]

The Qur'an also describes the condition of fathers when daughters are born: "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 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".[ Surah 16:58-59]
Islam gave women the right to live. Islam gave women the right to get the education.

The Woman as Wife

Islam has made a good wife the best treasure a man can have in his life, after belief in Allah and following His commands. She is considered the key to happiness. According to the Hadith, "the Prophet (greetings and peace be upon him) told `Umar, shall I tell you the best a man can treasure? It is a good wife. If he looks at her, she gives him pleasure; if he orders her, she obeys; and if he is away from her, she remains faithful to him"The Prophet (peace be upon him) said, "The world is delightful and its greatest treasure is a good woman". He also said, "Whoever is granted a good wife, he is helped to follow half his religion, let him obey God in the second half".

source:iupui.edu