Women in Islam
It is often stated that Islam considers women to be in a relatively lower position of a human being than men, and many times we hear that the Prophet Muhammad has been reputed as being “anti-women.” However, upon an in-depth examination of the Quran and the sayings and practices of the Prophet, one finds this to be a disingenuous accusation.
The Prophet was greatly aware about the rights of women and spoke about their lofty status. In fact, he fought actively to respond to them through legislation, and private and public practice.
An entire chapter of the Quran entitled “The Women” discusses a woman's spirituality, in addition to her domestic and social rights. The chapter begins with, ”O mankind! Be dutiful to your Lord Who created you from a single soul, and He created its mate out of it, and from them both He created many men and women.” (4:1)
Oftentimes, Islam has been depicted and judged by the misconduct of some Muslims, rather than by the content and philosophy of its teachings.
Islam equalizes men and women in their creation, religious obligations, honor, and dignity. Islam has recognized women as an integral part of life, however it also recognizes that there are natural differences in the peculiarities of each gender hence they require varying guidelines of life. The female, as a mother, differs in her personality than that of the man, as a father, and thus for each gender, there is a specified message of life.
Islam innovated social and individual rights for women, and respectively, has accredited women as full partners in life. She is entitled to pursue an education and no career is closed to her, unless it interferes with their dignity, respect, and chastity in society. Islam enables a woman to own and dispose of her property without the consent of her father or husband or any other male family member. She is able to contract and manage her own business affairs, as well as to earn and manage her own money, and Islam entitles her to an inheritance as a mother, daughter, sister, and wife!
Muslim women have the full right to choose their own husbands without pressure or intimidation and an 'arranged marriage' - one which is carried out without the tacit consent or acknowledgment of the woman is unlawful in Islam and the marriage mahr (gift) (which her and her husband decide upon) is solely for her.
She is entitled to vote (which is considered to be a religious duty), and to give her opinion or opposition in issues. The Quran states, “O Prophet! When believing women come to you to give you political and religious allegiance … then accept their allegiance…” (60:12)
Her penalty in a civil offense is the same as a man's and if she is harmed, she is entitled to just compensation.
The following are verses from the Quran that illustrate women's rights in society:
There is a share for men and a share for women from what is left by parents and those nearest related, whether the property be small or large, a legal share. (4:7)
O You who believe, you are forbidden to inherit women against their will, and you should not treat them with harshness, rather, live with them honorably. If you dislike them, it may be that you dislike a thing and that Allah brings through it a great deal of good. (4:19)
For men there is reward for what they have earned, and for women there is reward for what they have earned. (4:32)
Whoever performs righteous acts, whether male or female, while he or she is a true believer, verily to him We will give a good life in this world, with respect, contentment, and lawful provision, and We shall certainly pay them a reward in proportion to the best of what they used to do.(16:97)
Islam requires men and women to be conservative in their attire and behavior. However, the attire for men and women varies. Islam does not permit women to display and flaunt their physical beauty in society. Muslim women when they are among other men (who they are not directly related to - through marriage or blood), are required to cover modestly. The term used for moderate covering is known as hijab which includes covering the contour of the body and one's hair. The only parts permitted to be left uncovered are the hands and face.[93] The hijab also includes the way a woman carries herself in public and thus, the 'modest covering' of Islam is not only a physical covering, but it is also an awareness of how a woman interacts with people of the opposite gender.
Covering is a form of protection, maintenance of chastity, and it avoids negative temptations in society for women and men alike. When women cover, they provide dimensions of moral character and dignity, not only for themselves, but also for the entire society. Most importantly however, it is to protect women from being victimized. It is well noted that throughout history women have been the victims of physical, mental, and emotional abuse within societies. Many societies exploit and dishonor women, and therefore, Islam wants to shield her honor and dignity by protecting her physical nature.
Besides protecting the honor of women, Islam wants to inculcate upon men the importance of women in the sphere of life. Men must regard women in a dignified manner and value them as human beings. The acknowledgment of a woman should not be based on her physical appearance. Rather, respect and acknowledgment must be focused on her character, her intelligence, and her moral qualities.
Human Rights in Islam
Islam has laid the fundamental and universal rights for humanity.
Essential human rights have been guaranteed and conferred by God. Such rights are an important ingredient of the human creation and honor as God says, “And indeed we have honored the children of Adam.” (17:70)
The rights guaranteed by Islam include the right to life, justice, equality, safety, well-being, and freedom; additionally, respect for womens' honor and dignity is important.
Islam stresses that mankind originated from Adam and Eve; therefore, race, color, and ethnicity are not factors for social privileges or extended rights, and it is for this reason that Imam Ali has been reported as saying, “Know that people are of two types: they are either your brothers in religion or your equals in creation.”[94]
Every person is entitled to respect and equal opportunity, and an integral part of the Islamic faith is to recognize, accept, and practice the rights of mankind, and to do otherwise, is considered to be an injustice. The verdict in the Quran is unequivocal for those who fail to do so as it states, “Those who do not judge by what Allah has sent down are the disbelievers.” (5:44)
Human life is sacred and cannot be taken without justification. Once the sanctity of the human soul is violated by a killing, then in the words of God, the sanctity of all mankind would have been violated. God states, “Whoso slay a soul not to retaliate for soul slain, nor for corruption done in the land, it would be as if he has slain all of mankind.” (5:32) Islam, in all cases, protects and defends the life of infants, children, and elderly people.
Islam considers feeding the hungry, clothing the needy, sheltering the homeless, taking care of orphans, and treating the sick and wounded, regardless of race or color, as the essential qualities of the Islamic faith. God says, “Do you see the one who denies the reckoning such as one who shuns the orphan and does not encourage the feeding of the poor. So woe to the worshippers who do not pray with their hearts, but only wish to be seen, and deny aid (to others).” (107: 1-7)
The Islamic teachings are replete with examples of human rights - the below are just some of them:
The sanctity of people’s lives and property
The Prophet said, “Your lives and properties are forbidden [from violation] for one another until you meet your Lord on the Day of Resurrection.”
Freedom of expression
Every individual is privileged with the right to freedom of thought and expression. However, freedom should not be exploited in disseminating mischief or agony within the society. Therefore, freedom of expression is not extended to those who use abusive and offensive language. Islam puts great emphasis on protecting the dignity and reputation of other people as the Quran states,“And indeed We have honored the children of Adam.” (17:17)
Personal freedom
An individual is considered innocent until a legitimate court proves one to be guilty; and one is assumed truthful in speech and deeds until proven otherwise. No individual or group should be punished for the crime committed by another individual and in this regards, the Quran states, “Nor can one who bears burdens bear the burden of another.” (35:18)
Political activism
The Quran instructs believers not to sit idle in face of injustice, corruption, evildoers, and oppressors. God says, “And incline not toward those who do wrong, lest the fire should touch you.” (11:113)
Prophet Muhammad has stated, “Whoever offers help to an oppressor in his oppression will come on the Day of Reckoning with the writing on his forehead that: despaired from God's mercy.”[95]
Islam also encourages people to defy tyranny and the Quran states, “Allah does not love evil talk in public, unless it is by someone who has been injured thereby.” (4:148)
Religious freedom
Religion, ideology, and philosophy should not be imposed on an individual against their will as the famous verse of the Quran states, “Let there be no coercion in faith, truly the right way has been clearly distinct from error.” (2:256) Followers of all religions and sects have the right to worship and conduct their religious rites in an uninhibited atmosphere. Prophet Muhammad said this about the non-Muslim citizens in a Muslim state, “One who kills a man under covenant will never smell the fragrance of Paradise.”
Right to a standard means of living
All of mankind has an equal right for aid and assistance for the basic necessities in life, such as food, drink, shelter, clothing, and medication.
This is a promise God made to the first man, “Verily you have between [a promise from Us] that you will never be hungry therein, nor naked, and you will not suffer from thirst therein, nor from the suns heat.” (20:118-119)
The poor have an inalienable right of living upon the rich. The Quran states, “And in their wealth there is acknowledged right for the needy and destitute.” (51:19)
Equality before the law
All citizens, regardless of social class, are equal within the law. There are no dignitaries who can go unpunished for their crimes in Islam; no one is exempted from the law.
Islamic Law and Punishment
Before speaking about law and punishment in Islam, some premises must be introduced regarding Islamic jurisprudence.
Islamic ideology stipulates that God is the main source of 'religious' and 'secular' law. These laws were revealed to all of the Divinely sent messengers in different eras and geographical places, according to the intellectual progress of the various societies.
Thus, upon the coming of the Quran, God's laws were culminated as the universal legislation to guide mankind. Therefore, Islamic law is not only bound by time or place, the laws are designed to cater to the different needs of humanity until the end of time.
The Islamic law of punishment is based on prevention, not retribution. Islam seeks to prevent criminal acts before they happen in order to maintain the peace of society. These laws are dynamic in that they are everlasting and are not bound by individualistic interests, and the laws of Islam take into consideration the general interest of society. God speaks about the punishment of criminals by saying, “O you who believe, the law of equality in punishment is prescribed for you in case of murder, but if the killer is forgiven by the relatives of the killed against blood money, then adhering to it with fairness and payment of the blood money to the heir should be made in fairness. This is alleviation and a mercy from your Lord”(2:178).
Islam tries to combat crime and terror actively; however, it leaves room for mercy and forgiveness, emphasizing the human nature of people to commit unlawful acts. Islam teaches its followers to learn mercy and forgiveness from their Lord.
Islamic law is subject to the inherited rights of life. In order for the Islamic law to be judged and administered properly, all aspects (rights) of life have to be available for people as a whole in order for the judicial system to be incorporated.
Islam commands societies and individuals alike to promote social justice, equality, and to maintain distribution of wealth, and thus, Islamic rule can only be applied when a society has adequate food, shelter, clothing, and employment. Furthermore, Islamic rule is only possible if an equal opportunity for education is possible. It is also important for matrimony to be possible. The Islamic system of governance endeavors to bridge the gap between the haves and have-nots and only when these orders are in place does Islam then stand firmly against any person who attempts to terrorize or jeopardize the safety and security of society.
[93] Refer to the Quran 33:53, 33:59, and 24:31.
[94] Nahj al-Balagha, sermon #53.
[95] Kanz al-Ummal, saying 14,950.
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