The matters about equity between man and woman
Quick links to the subtitles in this page:
The spiritual aspect
The economic aspect
The social aspect
The legal and political aspect
Foundations of spiritual and human equity
1. According to the Qur’an, men and women have the same human spiritual
nature.
O mankind! Reverence your Guardian-Lord, Who created you from a single
person (nafsin- waahidah), created, of like nature, his mate, and from them
two scattered (like seeds) countless men and women--reverence Allah through
Whom you demand your mutual (rights), and (reverence) the wombs (that bore
you): for Allah ever watches over you.... (Qur’an 4:1)
It is He Who created you from a single person and made his mate of like
nature, in order that he might dwell with her (in love). When they are
united, she bears a light burden and carries it about (unnoticed). When she
grows heavy, they both pray to Allah, their Lord (saying) “If You give us a
goodly child, we vow we shall (ever) be grateful. (Qur’an 7:189)
(He is) the Creator of the heavens and the earth: He has made for you
pairs from among yourselves and pairs among cattle: by this means does He
multiply you! There is nothing whatever like unto Him, and He is the one
that hears and sees (all things). (Qur’an 42:11)
2. Both men and women alike are recipients of the “divine breath,”
because they are created with the same human spiritual nature. Indeed, as
the Qur’an states, Allah originated them both from a single person or “one
soul” (nafsin-waahidah). Reflecting the magnitude of this universal divine
gift, the Qur’an states:
But He fashioned him (the human, or insan) in due proportion and breathed
into him something of His spirit. And He gave you (the faculties of) hearing
and sight and understanding: Little thanks do you give! (Qur’an 32:9)
Referring to Adam, the father of both men and women, the Qur’an relates
that Allah commanded the angels to bow down (in respect) to him:
So if I have fashioned him (in due proportion) and breathed into him of
My spirit, fall down in obeisance unto him. (Qur’an 15:29)
3. Allah has invested both genders with inherent dignity and has made men
and women, collectively, the trustees of Allah on earth.
We have honored the children of Adam, provided them with transport on
land and sea, given them for sustenance things good and pure, and conferred
on them special favours above a great part of Our Creation. (Qur’an 17:70)
Behold, your Lord said to the angels: “I will create a vicegerent on
earth.” They said “Will you place therein one who will make mischief therein
and shed blood? While we celebrate Your praises and glorify Your holy
(name)?” He said: “I know what you know not.” (Qur’an 2:30)
4. The Qur’an does not blame woman for the “fall of man,” nor does it
view pregnancy and childbirth as punishments for “eating from the forbidden
tree". On the contrary, the Qur’an depicts Adam and Eve as equally responsible
for their fault in the garden, never singling out Eve for blame. It also
esteems pregnancy and childbirth as sufficient reasons for the love and
respect due to mothers from their children.
O Adam! You and your wife dwell in the garden and enjoy (its good things)
as you (both) wish: but approach not this tree or you (both) run into harm
and transgression. Then Satan began to whisper suggestions to them, bringing
openly before their minds all their shame was hidden from them (before): he
said, “Your Lord only forbade you this tree lest you (both) should become
angels or such beings as live forever”. And he swore to them both that he
was their sincere adviser. So by deceit he brought about their fall. When
they tasted the tree, their shame became manifest to them and they began to
sew together the leaves of the garden over their bodies. And their Lord
called unto them: “Did I know forbid you that tree and tell you that Satan
was an avowed enemy unto you?” They said: “Our Lord! we have wronged our own
souls: If You forgive us not and bestow not upon us Your mercy, we shall
certainly be lost”. (Allah) said: “Get you (both) down with enmity between
yourselves. On earth will be your dwelling- place and your means of
livelihood for a time.” He said: “Therein shall you (both) live and therein
shall you (both) die; and from it shall you (both) be taken out (at
last)...” O you children of Adam! Let not Satan seduce you in the same
manner as he got your parents out of the garden stripping them of their
raiment to expose their shame: for he and his tribe watch you from a
position where you cannot see them: We made the evil ones friends (only) to
those without faith. (Qur’an 7:19-27)
Regarding pregnancy and childbirth, the Qur’an states:
And We have enjoined on (every) person (to be good) to
his/her parents: in travail upon travail did his/her mother bear him/her and
in years twain was his/her weaning: (hear the command) “Show gratitude to Me
and to your parents: to Me is (your final) Goal.” (Qur’an 31:14)
We have enjoined on (every) person kindness to his/her
parents: in pain did his/her mother bear him/her and in pain did she give
his/her weaning is (a period of) thirty months. At length, when he /she
reaches the age of full strength and attains forty years, he/she says “O my
Lord! grant that I may be grateful for Your favor which You have bestowed
upon me and upon both my parents and that I may work righteousness such as
You may approve; and be gracious to me in my issue. Truly have I turned to
You and truly do I bow (to You) in Islam (submission).” (Qur’an 46:15) [5]
5. Men and women have the same religious duties and responsibilities.
Each human being shall face the consequences of his or her deeds. And their
Lord has accepted of them and answered them:
“Never will I suffer to be lost the work of any of you, be he/she male or
female: you are members one of another...” If any do deeds of righteousness,
be they male or female, and have faith, they will enter paradise and not the
least injustice will be done to them. (Qur’an 4:124)
For Muslim men and women, for believing men and women, for devout men and
women, for true men and women, for men and women who are patent and
constant, for men and women who humble themselves, for men and women who
give in charity, for men and women who fast (and deny themselves), for men
and women who guard their chastity, and for men and women who engage much in
Allah’s praise-- for them has Allah prepared forgiveness and great reward. (Qur’an
33:35)
One Day you shall see the believing men and the believing women, how
their Light runs forward before them and by their right hands. (Their
greeting will be): “Good News for you this Day! Gardens beneath which flow
rivers! To dwell therein forever! This is indeed the highest Achievement!” (Qur’an
57:12)
Criterion for “superiority”
The Qur’an is quite clear about the issue of claimed superiority or
inferiority of any human male or female:
O mankind! We created you from a single (pair) of a male and
a female, and made you into nations and tribes, that you may know each
other. Verily the most honoured of you in the sight of Allah is (one who is)
the most righteous of you. And Allah has full knowledge and is well
acquainted (with all things). (Qur’an 49:13)
A few observations about this verse may be helpful in tracing the
foundation of spiritual and human equality before Allah:
- It begins by addressing not only Muslims but the whole of mankind,
irrespective of their gender and their national or religious backgrounds.
As such, it is a universal declaration to all made by the Creator of all.
- It states that there is only One creator of all mankind. As such there
is no room for arguments of superiority based on one’s having been created
by a “superior” God, as there is only One god (Allah). Nor is there any
basis for a caste system based on some having been created in a way which
is “different” from others or is superior. As Prophet Muhammad (P)
explained, “... You all belong to Adam, and Adam was created from dust.”
In the process of human reproduction there is no superiority or
inferiority; kings and paupers, males and females, are created from what
the Qur’an describes as “despised fluid.” Our having been crated by the
One and Only Creator implies our basic equality before Him; He is just to
all.
- Being a faithful creature, servant and worshipper of the One god is at
the heart of one’s real spirituality and humanness. In this, the essence
of gender equality finds its most profound basis.
- The verse states that all human beings are created min thakarin
wa-untha, which can be translated literally as “of male and female.” This
means in pairs, as the Qur’an explicitly mentions elsewhere (e.g. 78:8).
Each component of the pair is as necessary and as important as the other
and hence is equal to him or her. The wording of this verse has been
commonly translated as “from a (single pair of) a male and a female,”
referring to Adam and Eve. this serves as a reminder to all mankind that
they belong to the same family, with one common set of parents. As such
they are all equal, as brothers and sisters in that broad and “very
extended” family.
- Variations in gender, languages, ethnic backgrounds and, by
implication, religious claims, do not provide any basis for superiority or
inferiority. The implication of “that you may know each other” (Qur’an
49:13) is that such variations constitute a deliberate mosaic that Allah
created, which is more interesting and more beautiful than a single
“color” or a “unisex”.
- Most significant and relevant to the topic at hand is the clear
categorical statement that the most honored person in the sight of Allah
is the one who is most pious and righteous. this precludes any other basis
for superiority, including. gender.
6. Nowhere does the Qur’an state that ones gender is superior to the
other. Some interpreters of the Qur’an mistakenly translate the Arabic word
qiwamah (responsibility for the family) with the English word “superiority.”
The Quran makes it clear that the sole basis for superiority of any person
over another is piety and righteousness, not gender, color or nationality.
From this chapter, it is clear that in terms of spirituality and
humanness, both genders stand on equal footing before Allah. It is clear
also that nowhere in the primary sources of Islam (the Qur’an and Sunnah) do
we find any basis for the superiority of one gender over the other. Human
misinterpretations, culturally-bound opinions or manipulations are not
congruent with what Islam teaches. The full equality of all human beings
before Allah is beyond doubt. This equality should not be confused, however,
with role differentiation in the spirit of cooperation and complimentary.
This is why equity is a more accurate term than “equality.”
The right to possess personal property
One aspect of the world-view of Islam is that everything in heaven and
earth belongs to Allah:
To Allah belongs all that is in the heavens and on earth...
(Qur’an 2:284)
As such, all wealthy and resources are ultimately “owned” by Allah.
However, out of Allah’s mercy He created mankind to be, collectively, his
trustees on earth. In order to help mankind fulfill this trustee- ship, he
made the universe serviceable to mankind:
And He (Allah) has subjected to you, as from Him, all that
is in the heavens and on earth: behold, in that are signs indeed for those
who reflect. (Qur’an 45:13)
It is the human family that is addressed in the above and in other verses
of the Qur’an. And since that family includes both genders, it follows that
the basic right to personal possession of property (as Allah’s trustees)
applies equally to males and females. More specifically:
1. The Shari‘ah (Islamic Law) recognizes the full property rights of
women before and after marriage. They may buy, sell or lease any or all of
their properties at will. For this reason, Muslim women may keep (and in
fact they have traditionally kept) their maiden names after marriage, an
indication of their independent property rights as legal entities.
2. Financial security is assured for women. They are entitled to receive
martial gifts without limit and to keep present and future properties and
income for their own security, even after marriage. No married woman is
required to spend any amount at all from her property and income on the
household. In special circumstances, however, such as when her husband is
ill, disabled or jobless, she may find it necessary to spend from her
earnings or savings to provide the necessities for her family. While this is
not a legal obligation, it is consistent with the mutuality of care, love
and cooperation among family members. The woman is entitled also to full
financial support during marriage and during the waiting period (‘iddah) i n
case of divorce or widowhood. Some jurists require, in addition, one year’s
support for divorce and widowhood (or until they remarry, if remarriage
takes place before the year is over).
A woman who bears a child in marriage is entitled to child support from
the child’s father. Generally, a Muslim woman is guaranteed support in al
stages of her life, as a daughter, wife and mother or sister. The financial
advantages accorded to women and not to men in marriage and in family have a
social counterpart in the provisions that the Qur’an lays down in the laws
of inheritance, which afford the male, in most cases, twice the inheritance
of a female. Males inherit more but ultimately they are financially
responsible for their female relatives: their wives, daughters, mothers and
sisters. Females inherit less but retain their share for investment and
financial security, without any legal obligation to spend any part of it,
even for their own sustenance (food, clothing, housing, medication, etc).
It should be noted that in pre-Islamic society, women themselves were
sometimes objects of inheritance. In some Western countries, even after the
advent of Islam, the whole estate of the deceased was given to his/her
eldest son. The Qur’an however , made it clear that both men and women are
entitled to a specified share of the estate of their deceased parents or
close relations:
From what is left by parents and those nearest related,
there is a share for men and a share for women, whether the property be
small or large—a determinate share (Qur’an 4:7)
Employment
With regard to the woman’s right to seek employment , it should be stated
first that Islam regards her role in society as a mother and a wife as her
most sacred and essential one. Neither maids nor baby sitters can possibly
take the mother’s place as the educator of an upright, complex-free and
carefully-reared child. Such a noble and vital role, which largely shapes
the future of nations, cannot be regarded as “idleness.” This may explain
why a married woman must secure her husband’s consent if she wishes to work,
unless her right to work was mutually agreed to as a condition at the time
of marriage.
However, there is no decree in Islam that forbids women from seeking
employment whenever there is a necessity for it, especially in positions
which fit her nature best and in which society needs her most. Examples of
these professions are nursing, teaching (especially children), medicine, and
social and charitable work. Moreover there is no restriction on benefiting
from women’s talents in any field. Some early jurists, such as Abu-Hanifah
and Al-Tabari, uphold that a qualified Muslim woman may be appointed to the
position of a judge. Other jurists hold different opinions. Yet, no jurist
is able to point to an explicit text in the Qur’an or Sunnah that
categorically excludes women from any lawful type of employment except for
the headship of the state. Omar, the second Caliph after the Prophet (P),
appointed a woman (Um Al-Shifaa’ bint Abdullah) as the marketplace
supervisor, a position that is equivalent in our world to “director of the
consumer protection department.”
In countries where Muslims are a numerical minority, some Muslim women,
while recognizing the importance of their role as mothers, may be forced to
seek employment in order to survive. This is especially true in the case of
divorcees and widows and in the absence of the Islamic financial security
measures outlined above.
As a daughter
1. The Qur’an ended the cruel pre-Islamic practice of female infanticide:
When the female (infant) buried alive is questioned for what crime she
was killed.... (Qur’an 81:8-9)
2. The Qur’an went further to rebuke the unwelcoming attitude of some
parents upon hearing the news of the birth of a baby girl, instead of a baby
boy:
When news is brought to one of them of (the birth of) a female (child),
his face darkens and he is filled with inward grief! With shame he hides
himself from his people because of the bad news he has had! Shall he retain
her on (sufferance and) contempt or bury her in the dust? Ah! what an evil
(choice) they decide on! (Qur’an 16:58-59)
3. Parents are duty-bound to support and show kindness and justice to
their daughters. Prophet Muhammad (P) said,
Whosoever has a daughter and does not bury her alive, does not insult
her, and does not favor his son over her, Allah will enter him into
Paradise. (Ahmad)
Whosoever supports two daughters until they mature, he and I will come on
the day of judgment as this (and he pointed with his two fingers held
together). (Ahmad)
4. A crucial aspect in the upbringing of daughters that greatly
influenced their future is education. Education is not only a right but a
responsibility for all males and females. Prophet Muhammad (P) said,
“Seeking knowledge is mandatory for every Muslim.” The word “Muslim” here is
inclusive of both males and females.
As a wife
5. Marriage in Islam is based on mutual peace, love and compassion, and
not the mere satisfying of human sexual desire.
And among His Signs is this, that He created for you mates from among
yourselves that you may dwell in tranquillity with them, and He has put love
and mercy between your (hearts); verily in that are signs for those who
reflect. (Qur’an 30:21)
(He is) the Creator of the heavens and the earth: He has made for you
pairs from among yourselves and pairs among cattle: by this means does He
multiply you: there is nothing whatever like unto Him and He is the One that
hears and sees (all things). (Qur’an 42:11)
Marriage and divorce
6. The female has the right to accept or reject marriage proposals. Her
consent is a prerequisite to the validity of the marital contract, according
to the Prophet’s teaching. It follows that if an “arranged marriage” means
the marrying of a female without her consent, then such a marriage may be
annulled if the female so wishes:
Ibn Abbas reported that a girl came to the Messenger of Allah, and she
reported that her father had forced her to marry without her consent. The
Messenger of God gave her the choice...(between accepting the marriage or
invalidating it) (Ahmad, Hadith no. 2469). another version of the report
states that “the girl said: ‘Actually, I accept this marriage, but I wanted
to let women know that parents have no right to force a husband on them.’” (Ibn-Majah).
The husband is responsible for the maintenance, protection and overall
leadership (qiwamah) of the family, within the framework of consultation and
kindness. The mutuality and complementary of husband and wife does not mean
“subservience” by either party to the other. Prophet Muhammad (P) helped
with household chores although the responsibilities he bore and the issues
he faced in his community were immense.
The mothers shall give suck to their offspring for two whole years, if
the father desires to complete the term. But he shall bear the cost of their
food and clothing on equitable terms. No soul shall have a burden laid on it
greater than it can bear. No mother shall be treated unfairly on account of
her child, nor father on account of his child. An heir shall be chargeable
in the same way. If they both decide on weaning by mutual consent. and after
due consultation, there is no blame on them. If you decide on a
foster-mother for your offspring, there is no blame on you, provided you pay
(the mother) what you offered on equitable terms. But fear Allah and know
that Allah sees well what you do. (Qur’an 2:233)
Prophet Muhmmad (P) instructed Muslims regarding women, “I commend you to
be kind to women.” He said also, “the best of you is the best to his family
(wife).” The Qur’an urges husbands to be kind and considerate to their
wives, even if a wife falls out of favor with her husband or disinclination
for her arises within him. It also outlawed the pre-Islamic Arabian practice
whereby the stepson of the deceased father was allowed to take possession of
his fathers widow(s) (inherited them) as if they were part of the estate of
the deceased:
O you who believe! You are forbidden to inherit women against their will.
Nor should you treat them with harshness, that you may take away part of the
martial gift you have given them, except when they have been guilty of open
lewdness; on the contrary, live with them on a footing of kindness and
equity. If you take a dislike to them, it may be that you dislike a thing
through which Allah brings about a great deal of good. (Qur’an 4:19)
Should marital disputes arise, the Quran encourages couples to resolve
them privately in a spirit of fairness and probity. Under no circumstances
does the Qur’an encourage, allow or condone family violence of physical
abuse. In extreme cases, and whenever greater harm, such as divorce, is a
likely option, it allows for a husband to administer a gentle pat to his
wife that causes no physical harm to the body nor leaves any sort of mark.
It may serve, in some cases, to bring to the wife’s attention the
seriousness of her continued unreasonable behavior (refraction, and may be
resorted to only after exhausting other steps discussed in endnote. If the
mild measure is not likely to prevent a marriage from collapsing, as last
measure, it should not be resorted to. Indeed the Qur’an outlines an
enlightened step and a wise approach for the husband and wife to resolve
persistent conflict in their marital life: In the event that dispute cannot
be resolved equitably between husband and wife, the Qur’an prescribes
mediation between the parties through family intervention on behalf of both
spouses.
Divorce is a last resort, permissible but not encouraged, for the Qur’an
esteems the preservation of faith and the individuals right--male and female
alike--to felicity. Forms of marriage dissolution include an enactment based
upon mutual agreement, the husband’s initiative, the wife’s initiative (if
part of her marital contract), the court’s decision on a wife’s initiative
(for a legitimate reason), and the wife’s initiative without a “cause,”
provided that she returns her marital gift to her husband (khul’, or
divestiture).
Priority for the custody of young children (up to the age of about seven)
is given to the mother. A child later may choose the mother or father as his
or her custodian. Custody questions are to be settled in a manner that
balances the interests of both parents and the well-being of the child.
As a mother
7. The Qur’an elevates kindness to parents (especially mothers) to a
status second only to the worship of Allah.
Your Lord has decreed that you worship none but Him and that you be kind
to parents. Whether one or both of them attain old age in your life, say not
to them a word of contempt nor repel them, but address them in terms of
honor. (Qur’an 17:23)
And We have enjoined on every human being (to be good) to his/her
parents: in travail upon travail did his/her mother bear him/her and in
years twain was his/her weaning: (hear the command) “Show gratitude to me
and to your parents: to Me is (your final) destiny.” (Qur’an 31:14)
8. Naturally, the Prophet specified this behaviour for his followers,
rendering to mothers an unequalled status in human relationships.
A man came to Prophet Muhammad (P) asking, “O Messenger of Allah, who
among the people is the most worthy of my good companionship?” The Prophet
(P) said, “Your mother”. The man said, “Then, who is next?” The Prophet (P)
said, “Your mother”. The man said, “Then, who is next?” The Prophet (P)
said, “Your mother”. The man further asked, “Then who is next?” Only then
did the Prophet (P) say, “Your father.” (Al-Bukhari).
As a sister in faith (generally)
9. According to Prophet Muhammad’s (P) saying, “Women are but sisters
shaqa’iq, or twin halves) of men.” This hadith is a profound statement that
directly relates to the issue of human equality between the genders. If the
first meaning of shaqa’iq is adopted, it means that a male is worth one half
(of society), with the female worth the other half. Can “one half” be better
or bigger than the other half? Is there a more simple but profound physical
image of equality? if the second meaning, “sisters,” is adopted, it implies
the same. The term “sister” is different from “slave” or “master.”
10. Prophet Muhammad (P) taught kindness care and respect toward women in
general (“I commend you to be kind to women”). It is significant that such
instruction of the Prophet (P) was among his final instructions and
reminders given in the “farewell pilgrimage” address given shortly before
his passing away.
Modesty and social interaction
11. There exists a gap between the normative behavior regarding women
outlined in the Qur’an and the prevalent reality among Muslims, both as
societies in the Muslim world and as communities in the west. Their diverse
cultural practices reflect both ends of the continuum -- the liberal West
and the ultra-restrictive regions of the Muslim world. Some Muslims emulate
non-Islamic cultures and adopt their modes of dress, unrestricted mixing,
and behavior, which influence them and endanger their families’ Islamic
integrity and strength. On the other hand, in some Muslim cultures undue and
excessive restrictions for women, if not their total seclusion, is believed
to be the ideal. Both extremes seem to contradict the normative teachings of
Islam and are consistent with the virtuous yet participate nature of both
men and women in society at the time of the Prophet Muhammad (P).
12. The parameters of proper modesty for males and females (dress and
behavior) are based on revelatory sources (the Qur’an and authentic Sunnah)
and, as such, the regarded by believing men and women as divinely-based
guidelines with legitimate aims and divine wisdom behind them. They are not
male-imposed or socially imposed restrictions.
13. The near or total seclusion of women is alien to the prophetic
period. Interperative problems in justifying seclusion reflect, in part,
cultural influences and circumstances in different Muslim countries. There
is ample evidence in authentic (sound) hadith supporting this thesis. Women
at the Prophet’s (P) time and after him participated with men in acts of
worship, such as prayers and pilgrimage, in learning and teaching, in the
market place, in the discussion of public issues (political life) and in the
battlefield when necessary.
The legal and political aspect
Equality before law
1. Both genders are entitled to equality before the law and courts of
law. Justice is genderless. According to the Qur’an, men and women receive
the same punishment for crimes such as theft (5:38),fornication (24:2),
murder and injury (5:45). Women do possess and independent legal entity in
financial and other matters. One legal issue is widely misunderstood:
testimony. A common but erroneous belief is that as a “rule,” the worth of
women’s testimony is one half of men’s testimony. A survey of all passages
in the Qur’an relating to testimony does not substantiate this claimed
“rule.”
Testimony
2. Most Qur’anic references to testimony (witness) do not make any
reference to gender. Some references fully equate the testimony of males and
females.
And for those who launch a charge against their spouses and have (in
support) no evidence but their own, their solitary evidence (can be
received) if they bear witness four times (with an oath) by Allah that they
are solemnly telling the truth; And the fifth (oath) (should be) that they
solemnly invoke the curse of Allah on themselves if they tell a lie. But if
would avert the punishment from the wife if she bears witness four times
(with an oath) by Allah that (her husband) is telling a like; And the fifth
(oath) should be that she solemnly invokes the wrath of Allah on herself if
(her accuser) is telling the truth. (Qur’an 24:6-9)
One reference in the Qur’an distinguishes between the witness of a male
and a female. It is useful to quote this reference and explain it in its own
context and in the context of other Qur’anic references to testimony:
O you who believe! When you deal with each other in transactions
involving future obligations in a fixed period of time, reduce them to
writing. Let a scribe write down faithfully as between the parties: let not
the scribe refuse to write: as Allah has taught him, so let him write. Let
him who incurs the liability dictate, but let him fear his Lord, Allah, and
not diminish aught of what he owes. If the party liable is mentally
deficient, or weak, or unable himself to dictate, let his guardian dictate
faithfully. And get two witnesses out of your own men, and if there are not
two men, then a man and two women, such as you choose for witnesses so that
if one of them errs, the other can remind her. The witnesses should not
refuse when they are called on (for evidence). Disdain not to reduce to
writing (your contract) for a future period, whether it be small or big: it
is more just in the sight of Allah, more suitable as evidence, and more
convenient to prevent doubts among yourselves, but if it be a transaction
with you carry out on the spot among yourselves, there is not blame on you
if you reduce it not to writing, But take witnesses whenever you make a
commercial contract; and let neither scribe nor witness suffer harm. If you
do (such harm), it would be wickedness in you. So fear Allah; for it is
Allah that teaches you. And Allah is well acquainted with all things. (Qur’an
2:282)
A few comments on this text are essential in order to prevent common
misinterpretations:
- It cannot be used as an argument that there is a general rule in the
Qur’an that the worth of a female’s witness is only half the male’s. This
presumed “rule” is voided by the above reference (24:6-9), which
explicitly equates the testimony of both genders on the issue at hand.
- The context of this passage (verse, or ayah) relates to testimony on
financial transactions, which are often complex and laden with business
jargon. The passage does not make a blanket generalization that would
otherwise contradict 24:6-9, cited above.
- The reason for variations in the number of male and female witnesses
required is given in the same passage. No reference is made to the
inferiority or superiority of one gender’s witness or the other’s. The
only reason given is to corroborate the female’s witness and prevent
unintended errors in the perception of the business deal. The Arabic term
used in this passage, tadhilla, literally means “loses the way,” “gets
confused,” or “errs.” But are females the only gender that may err and
need corroboration of their testimony? Definitely not, and that is why the
general rule of testimony in Islamic law is to have two witnesses, even
when they are both male.
One possible interpretation of the requirements related to this particular
type of testimony is that in numerous societies, past and present, women
generally may not be heavily involved with and experienced in business
transactions. As such, they may not be completely cognizant of what is
involved. Therefore, corroboration of a woman’s testimony by another woman
who may be present ascertains accuracy and, hence, justice. It would be
unreasonable to interpret this requirement as a reflection on the worth of
women’s testimony, as it is the ONLY exception discerned from the text of
the Qur’an . This may be one reason why a great scholar like Al-Tabari
could not find any evidence from any primary text (Qur’an or hadith) to
exclude women from something more important than testimony: being herself
a judge who hears and evaluates the testimony of others.
- It must be added that unlike pure acts of worship, which must be
observed exactly as taught by the prophet (P), testimony is a means to an
end, ascertaining justice as a major objective of Islamic law. Therefore,
it is the duty of a fair judge to be guided by this objective when
assessing the worth and credibility of a given testimony, regardless of
the gender of the witness. A witness of a female graduate of a business
school is certainly far more worthy than the witness of an illiterate
person with no business education or experience.
Participation in social and political life
3. The general rule in social and political life is participation and
collaboration of males and females in public affairs.
The believers, men and women, are protectors, one of another: they enjoin
what is just and forbid what is evil: they observe regular prayers, practice
regular charity, and obey Allah and His apostle. On them will Allah pour His
mercy: for Allah is Exalted in power, Wise. (Qur’an 9:7)
4. There is sufficient historical evidence of participation by Muslim
women in the choice of rulers, in public issues, in lawmaking, in a
administrative positions, in scholarship and teaching, and even in the
battlefield. Such involvement in social and political affairs was conducted
without the participants’ losing sight of the complementary priorities of
both genders and without violating Islamic guidelines of modesty and virtue.
Women in leadership positions
There is no text in the Qur’an or Sunnah that precludes women from any
position of leadership, except in leading prayer (however, women may lead
other women in prayer), due to the format of prayer, as explained earlier.
There are exceptions even to this general rule, as explained later in this
chapter. Another common question which relates to whether Muslim women are
eligible to be heads of state is a controversial matter.
There is no evidence from the Qur’an to preclude women from headship of
state. Some may argue that according to the Qur’an (4:34), men are the
protectors and maintainers of women. Such a leadership position
(responsibility, or qiwamah) for men in the family unit implies their
exclusive leadership in political life as well. This analogy, however, is
far from conclusive. Qiwamah deals with the particularity of family life and
the need for financial arrangements, role differentiation, and complementary
of the roles of husband and wife. These particularities are not necessarily
the same as the headship of state, even if some elements may be similar.
Therefore, a Qur’anically based argument to exclude women from the headship
of state is neither sound nor convincing. Most arguments for exclusion,
however, are based on the following hadith, narrated by Abu Bakrah:
During the battle of Al-Jamal (in which A’isha, the Prophet’s widow, led
an army in opposition to Ali, the fourth Caliph), Allah benefited me with a
word. When the Prophet heard the news that the people of Persia had made the
daughter of Khorsrau their queen (ruler), he said, “Never will such a nation
succeed as makes a woman their ruler.”
While this hadith has been commonly interpreted to exclude women from the
headship of state, there are scholars who relate this narration to a
specific event.
Some argue that since women are excluded from leading the prayer for a
mixed gathering of men and women, they should be excluded from leading the
state as well. This argument, however overlooks two issues: (1) Leading the
prayer is a purely religious act and, given the format of Muslim prayer and
its nature, it is not suitable for women to lead a mixed congregation.
Leading the state, however, is not a “purely” religious act but a
religiously based political act. Exclusion of women in one instance does not
necessarily imply their exclusion in another.
Al-Qasimi notes that the famous jurist, Abu-Ya’la al-Farra’ (known for
his writings on the political system of Islam), did not include among the
qualifications of the imam (head of state) being a male. It should be noted,
however, that the head of state in Islam is not a ceremonial head. He leads
public prayers on some occasions and constantly travels and negotiates with
officials of other states (who generally are men). He may be involved in
confidential meetings with them. Such heavy and secluded involvement of
women with men and its necessary format may not be consistent with Islamic
guidelines related to the proper interaction between the genders and to the
priority of feminine functions at home and their value to society. |
