3. The Economic Aspect

Islam decreed a right of which woman was deprived both before Islam and after it (even as late as this century) [22], the right of independent ownership. According to Islamic Law, woman's right to her money, real estate, or other properties is fully acknowledged. This right undergoes no change whether she is single or married. She retains her full rights to buy, sell, mortgage or lease any or all her properties. It is nowhere suggested in the Law that a woman is a minor simply because she is a female. It is also noteworthy that such right applies to her properties before marriage as well as to whatever she acquires thereafter.

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 the 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 children. Such a noble and vital role, which largely shapes the future of nations, cannot be regarded as "idleness".

However, there is no decree in Islam which forbids woman from seeking employment whenever there is a necessity for it, especially in positions which fit her nature and in which society needs her most. Examples of these professions are nursing, teaching (especially for children), and medicine. Moreover, there is no restriction on benefiting from woman's exceptional talent in any field. Even for the position of a judge, where there may be a tendency to doubt the woman's fitness for the post due to her more emotional nature, we find early Muslim scholars such as Abu-Hanifa and Al-Tabary holding there is nothing wrong with it. In addition, Islam restored to woman the right of inheritance, after she herself was an object of inheritance in some cultures. Her share is completely hers and no one can make any claim on it, including her father and her husband.

"Unto men (of the family) belongs a share of that which Parents and near kindred leave, and unto women a share of that which parents and near kindred leave, whether it be a little or much - a determinate share." ((Qur'an 4:7).

Her share in most cases is one-half the man's share, with no implication that she is worth half a man! It would seem grossly inconsistent after the overwhelming evidence of woman's equitable treatment in Islam, which was discussed in the preceding pages, to make such an inference. This variation in inheritance rights is only consistent with the variations in financial responsibilities of man and woman according to the Islamic Law. Man in Islam is fully responsible for the maintenance of his wife, his children, and in some cases of his needy relatives, especially the females. This responsibility is neither waived nor reduced because of his wife's wealth or because of her access to any personal income gained from work, rent, profit, or any other legal means.

Woman, on the other hand, is far more secure financially and is far less burdened with any claims on her possessions. Her possessions before marriage do not transfer to her husband and she even keeps her maiden name. She has no obligation to spend on her family out of such properties or out of her income after marriage. She is entitled to the "Mahr" which she takes from her husband at the time of marriage. If she is divorced, she may get an alimony from her ex-husband.

An examination of the inheritance law within the overall framework of the Islamic Law reveals not only justice but also an abundance of compassion for woman. [23]  

4. The Political Aspect

Any fair investigation of the teachings of Islam into the history of the Islamic civilization will surely find a clear evidence of woman's equality with man in what we call today "political rights".

This includes the right of election as well as the nomination to political offices. It also includes woman's right to participate in public affairs. Both in the Qur'an and in Islamic history we find examples of women who participated in serious discussions and argued even with the Prophet (P) himself, (see Qur'an 58: 14 and 60: 10-12).

During the Caliphate of Omar Ibn al-Khattab, a woman argued with him in the mosque, proved her point, and caused him to declare in the presence of people: "A woman is right and Omar is wrong."

Although not mentioned in the Qur'an, one Hadeeth of the Prophet is interpreted to make woman ineligible for the position of head of state. The Hadeeth referred to is roughly translated: "A people will not prosper if they let a woman be their leader." This limitation, however, has nothing to do with the dignity of woman or with her rights. It is rather, related to the natural differences in the biological and psychological make-up of men and women.

According to Islam, the head of the state is no mere figurehead. He leads people in the prayers, especially on Fridays and festivities; he is continuously engaged in the process of decision-making pertaining to the security and well-being of his people. This demanding position, or any similar one, such as the Commander of the Army, is generally inconsistent with the physiological and psychological make-up of woman in general. It is a medical fact that during their monthly periods and during their pregnancies, women undergo various physiological and psychological changes. Such changes may occur during an emergency situation, thus affecting her decision, without considering the excessive strain which is produced. Moreover, some decisions require a maximum of rationality and a minimum of emotionality - a requirement which does not coincide with the instinctive nature of women.

Even in modern times, and in the most developed countries, it is rare to find a woman in the position of a head of state acting as more than a figurehead, a woman commander of the armed services, or even a proportionate number of women representatives in parliaments, or similar bodies. One can not possibly ascribe this to backwardness of various nations or to any constitutional limitation on woman's right to be in such a position as a head of state or as a member of the parliament. It is more logical to explain the present situation in terms of the natural and indisputable differences between man and woman, a difference which does not imply any "supremacy" of one over the other. The difference implies rather the "complementary" roles of both the sexes in life.

IV. CONCLUSION

The first part of this paper deals briefly with the position of various religions and cultures on the issue under investigation. Part of this exposition extends to cover the general trend as late as the nineteenth century, nearly 1300 years after the Qur'an set forth the Islamic teachings.

In the second part of the paper, the status of women in Islam is briefly discussed. Emphasis in this part is placed on the original and authentic sources of Islam. This represents the standard according to which degree of adherence of Muslims can be judged. It is also a fact that during the downward cycle of Islamic Civilization, such teachings were not strictly adhered to by many people who profess to be Muslims.

Such deviations were unfairly exaggerated by some writers, and the worst of this, were superficially taken to represent the teachings of "Islam" to the Western reader without taking the trouble to make any original and unbiased study of the authentic sources of these teachings.

Even with suchdeviations three facts are worth mentioning:

1) The history of Muslims is rich with women of great achievements in all walks of life from as early as the seventh century (B.C.)

2) It is impossible for anyone to justify any mistreatment of woman by any decree of rule embodied in the Islamic Law, nor could anyone dare to cancel, reduce, or distort the clear-cut legal rights of women given in Islamic Law.

3) Throughout history, the reputation, chastity and maternal role of Muslim women were objects of admiration by impartial observers.

It is also worthwhile to state that the status which women reached during the present era was not achieved due to the kindness of men or due to natural progress. It was rather achieved through a long struggle and sacrifice on woman's part and only when society needed her contribution and work, more especial!; during the two world wars, and due to the escalation of technological change.

In the case of Islam such compassionate and dignified status was decreed, not because it reflects the environment of the seventh century, nor under the threat or pressure of women and their organizations, but rather because of its intrinsic truthfulness.

If this indicates anything, it would demonstrate the divine origin of the Qur'an and the truthfulness of the message of Islam, which, unlike human philosophies and ideologies, was far from proceeding from its human environment, a message which established such humane principles as neither grew obsolete during the course of time and after these many centuries, nor can become obsolete in the future. After all, this is the message of the All-Wise and all-knowing God whose wisdom and knowledge are far beyond the ultimate in human thought and progress.

BIBLIOGRAPHY

The Holy, Qur'an: Translation of verses is heavily based on A. Yusuf Ali's translation, The Glorious Qur'an, text translation, and Commentary, The American Trust Publication, Plainfield, IN 46168, 1979.

Abd Al-Ati, Hammudah, Islam in Focus, The American Trust Publications, Plainfield, IN 46168, 1977.

Allen, E. A., History of Civilization, General Publishing House, Cincinnati, Ohio, 1889, Vol. 3.

Al Siba'i, Mustafa, Al-Alar'ah Baynal Fiqh Walqanoon (in Arabic), 2nd. ea., Al-Maktabah Al-Arabiah, Halab, Syria, 1966.

El-Khouli, Al-Bahiy, "Min Usus Kadiat Al-Mara'ah" (in Arabic), A 1- Waay A llslami, Ministry of Walcf, Kuwait, Vol.3 (No. 27), June 9, 1967, p.17.

Encyclopedia Americana (International Edition), American Corp., N.Y., 1969, Vol.29.

Encyclopedia Biblica (Rev.T.K.Cheynene and J.S.Black, editors), The Macmillan Co., London, England, 1902, Vol.3.

The Encyclopedia Britannica, (11 th ed.), University Press Cambridge, England, 191 1, Vol.28.

Encyclopedia Britannica, The Encyclopedia Britannica, Inc., Chicago, III., 1968, Vol.23.

Hadeeth. Most of the quoted Hadeeth were translated by the writer. They are quoted in various Arabic sources. Some of them, however, were translated directly from the original sources. Among the sources checked are Musnad Ahmad Ibn Hanbal Dar AlMa'aref, Cairo, U.A.R., 1950, and 1955, Vol.4 and 3,SunanIbnMajah, Dar Ihya'a Al-Kutub al-Arabiah, Cairo, U.A.R., 1952, Vol.l, Sunan al-Tirimidhi, Vol.3.

Mace, David and Vera, Marriage: East and West, Dolphin Books, Doubleday and Co., Inc., N.Y., 1960.

[1] "C.E." throughout the paper stands for Christian Era (A.D.).
[2] The Encyclopedia Britannica, 11th ed., 1911, Vol. 28, p. 782.
[3] In Mace, David and Vera, marriage East and west. Dolphin Books, Doubleday and Co., Inc., N.Y., 1960.
[4] Allen, E.A., history of Civilization, Vol. 3, P.444.
[5] Ibid., p. 443.

[6] Ibid., p. 550.
[7] The Encyclopedia Britannica, 11th ed., 1911, op.cit., Vol. 28, P.782.
[8] Ibid., p.783.
[9] Encyclopedia American international (edition), Vol. 29, p. 108.
[10] encyclopedia britannica, 1968, Vol. 23, P. 624.
[11] Quoted in Mace, marriage east and West, op.cit., p. 81.
[12] Ibid., pp. 82-83.
[13] Encyclopedia Biblical, 1902, Vol. 3, p. 2942.
[14] Ibid., p.2942.
[15] Ibid., p. 2947
[16] The Encyclopedia britannica, 11th ed., op.cit., p. 782.

It should be noted here that such interpretation by religious institution do not necessarily conform to what the Muslim believes to be the original version of all revealed religions, which is believed to be essentially the same throughout history.

[17] Mace, Marriage East and West, op.cit. pp. 80-81.

[18]"From it" here refers to the kind, i.e. "from the same kind, or of like nature, God created its mate." There is no trace in the Qur'an to a parallel of Biblical concept that Eve was created from one of Adam's ribs." See Yousuf Ali, The Holy Qur'an, note No. 504.

[19] El-Kouly, Al-Bahiy, "Min Uses Kadiyat Almar'ah," Al-Waa'y Al-Islami, Ministry of Wakf, Kuwait, Vol. 3, No. 27, June 9, 1967, p. 17. translated by the writer.

[20]Some less authentic versions add "male and female." The meaning, however, is sound etymologically even as it is consistent with the over-all

Nature of Islamic duties inapplying equally to males and females unless special exemptions are specified.

[21] A separate paper clarifying the position of Islam with regard to polygamy (polygyny) is available from the M.S.A. Islamic Book Service, P.O.Box 38, Plainfield, IN 46168. It is sufficient to say here that polygamy existed in almost all nations and was even sanctioned by Judaism and Christianity until recent centuries. The Qur'an is the only revealed scripture that explicitly limited polygamy and discouraged its practice by various stringent conditions. One reason for not categorically forbidding polygamy is that in different places at different times, there may exist individual or social exigencies which make polygamy a better solution that either divorce or hypocritical monogamy while indulging in all types of illicit relations.

[22] For example, it was not until 1938 that the French Law was amended so as to recognize the eligibility of women to contract. A married women, however, was still required to secure her husband's permission before she could dispense with her private property. See for example Al-Sibaa'i, op.cit., pp. 31

[23] For a good discussion of this point, also for the acceptance of women's witness according to Islamic Law, see Abd al-Ati, Hammudah, Islam in Focus, pp. 117-118 and Al-Sibaa'i, Mustafa, Al-Marah Baynal Fiqh WalQanoon (in Arabic) pp. 31-37.

OUR PARTNERS