Gender Equity in Islam

When dealing with the Islamic perspective of any topic, there should be a
clear distinction between the normative teachings of Islam and the diverse
cultural practices among Muslims, which may or may not be consistent with
them. The focus of this paper is the normative teachings of Islam as the
criteria to judge Muslim practices and evaluate their compliance with Islam.
In identifying what is "Islamic" it is necessary to make a distinction
between the primary sources of Islam (the Qur'an and the Sunnah) and legal
opinions of scholars on specific issues, which may vary and be influenced by
their times, circumstances, and cultures. Such opinions and verdicts do not
enjoy the infallibility accorded to the primary and revelatory sources.



Furthermore, interpretation of the primary sources should consider, among
other things:

(a) The context of any text in the Qur'an and the Sunnah. This includes the
general context of Islam, its teachings, its world view, and the context of
the surah and section thereof.

(b) The occasion of the revelation, which may shed light on its meanings.

(c) The role of the Sunnah in explaining and defining the meaning of the
Qur'anic text.

This paper is a brief review of the position and role of woman in society
from an Islamic perspective. The topic is divided into spiritual, economic,
social, and political aspects.

*II. The Spiritual Aspect *

1. According to the Qur'an, men and women have the same spiritual human
nature:

O mankind: Reverence your Guardian Lord Who created you from a single person
created of like nature his mate and from them twain 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 genders are recipients of the "divine breath" since they are created
with the same human and spiritual nature (nafsin-waahidah):

But He fashioned him in due proportion and breathed into him something of
His spirit. And He gave you (the faculties of) hearing and sight and feeling
(and understanding): little thanks to you give (Qur'an 15:29)

3. Both genders are dignified and are 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 favors 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? Whilst we do celebrate Your praises and glorify Your holy
(name)?" He said: "I know what you do not." (Qur'an 2:30)

4. According to the Qur'an, woman is not blamed for the "fall of man."
Pregnancy and childbirth are not seen as punishments for "eating from the
for bidden tree." On the contrary, the Qur'an considers them to be grounds
for love and respect due to mothers.

In narrating the story of Adam and Eve, the Qur'an frequently refers to both
of them, never singling out Eve for the blame:

O Adam! Dwell you and your wife 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 began Satan to whisper suggestions to them bringing
openly before their minds all their shame that 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 for ever." And he swore to them
both that he was their sincere adviser. So by deceit he brought about their
fall: when they tasted of 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 not 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! We have bestowed raiment upon you to cover
your shame as well as to be an adornment to you but the raiment of
righteousness that is the best. Such are among the signs of Allah that they
may receive admonition! 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)

On the question of pregnancy and childbirth, the Qur'an states:

And We have enjoined on the person (to be good) to his/her parents: in
travail upon travail did his/her mother bear his/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 the person kindness to his/her parents: in pain did
his/her mother bear him/her and in paid did she give him/her birth. The
carrying of the (child) to 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 me 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. Men and women have the same religious and moral duties and
responsibilities. They both face the consequences of their deeds:

And their Lord has accepted of them and answered them: "Never will I suffer
to be los the work of any of you be it male or female: you are members of
one another ..." (Qur'an 3:195)

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 and for believing men and women, for devout men and
women, for true men and women, for men and women who are patient 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 shall you 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 for ever! This is indeed the highest Achievement!" (Qur'an
57:12)

6. Nowhere dow the Qur'an state that one gender is superior to the other.
Some mistakenly translate "qiwamah" or responsibility for the family as
superiority. The Qur'an makes it clear that the sole basis for superiority
of any person over another is piety and righteousness not gender, color, or
nationality:

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 honored 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)

7. The absence of women as prophets or "Messengers of Allah" in prophetic
history is due to the demands and physical suffering associated with the
role of messengers and prophets and not because of any spiritual
inferiority.

*III. The Economic Aspect *

1. The Islamic Shariiah recognizes the full property rights of women before
and after marriage. A married woman may keep her maiden name.

2. Greater financial security is assured for women. They are entitled to
receive marital gifts, to keep present and future properties and income for
their own security. No married woman is required to spend a penny from her
property and income on the household. She is entitled to full financial
support during marriage and during the waiting period ('iddah) in case of
divorce. She is also entitled to child support. Generally, a Muslim woman is
guaranteed support in all stages of her life, as a daughter, wife, mother,
or sister. These additional advantages of women over men are somewhat
balanced by the provisions of the inheritance which allow the male, in most
cases, to inherit twice as much as the female. This means that the male
inherits more but is responsible financially for other females: daughters,
wives, mother, and sister, while the female (i.e., a wife) inherits less but
can keep it all for investment and financial security without any legal
obligation so spend any part of it even for her own sustenance (food,
clothing, housing, medication, etc.).

*IV. The Social Aspect *

First: As a Daughter

1. The Qur'an effectively ended the cruel pre Islamic practice of female
infanticide (wa'd):

When the female (infant) buried alive is questioned for what crime she was
killed. (Qur'an 81 89)

2. The Qur'an went further to rebuke the unwelcoming attitudes among 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 does he hide
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 said:

"Whosoever has a daughter and he 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 til they mature, he and I will come in the
day of judgment as this (and he pointed with his two fingers held
together)." [Ahmad]

4. Education is not only a right but also a responsibility of all males and
females. Prophet Muhammad said:

"Seeking knowledge is mandatory for every Muslim ("Muslim" is used here in
the generic meaning which includes both males and females).

Second: As a Wife

1. Marriage in Islam is based on mutual peace, love, and compassion, not
just the satisfaction of man's needs:

And among His Signs is that He created for you mates from among yourselves
that you may well in tranquillity with them and He has put live 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)

2. The female has the right to accept or reject marriage proposals. Her
consent is prerequisite to the validity of the marital contract according to
the Prophet's teaching. It follows that if by "arranged marriage" is meant
marrying the girl without her consent, then such a marriage is nullifiable
is she so wished.

"Ibn Abbas reported that a girl came to the Messenger of God, Muhammad, 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, Hadeeth no. 2469). In another version, 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] 3. The
husband is responsible for the maintenance, protection, and overall headship
of the family (qiwamah) within the framework of consultation and kindness.
The mutual dependency and complementary of the roles of males and females
does not mean "subservience" by either party to the other. Prophet Muhammad
helped in household chores in spite of his busy schedule.

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)

The Qur'an urges husbands to be kind and considerate to heir wives even if
they do not like them.

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
marital gift you have given them except where 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 and
Allah brings about though it a great deal of good. (Qur'an 4:19)

Prophet Muhammad taught:

" I command you to be kind to women ..."

"The best of you is the best to his family (wife) ..."

Marital disputes are to be handled privately between the parties whenever
possible, in steps (without excesses or cruelty). If disputes are not
resolved then family mediation can be resorted to.

Divorce is seen as the last resort, which is permissible but not encouraged.
Under no circumstances does the Qur'an encourage, allow or condone family
violence or physical abuse and cruelty. The maximum allowed in extreme cases
is a gentle tap that does not even leave a mark on the body while saving the
marriage from collapsing.

5. Forms of marriage dissolution include mutual agreement, the husband's
initiative, the wife's initiative (if part of her marital contract, court
decision on the wife's initiative (for a cause), and the wife's initiative
without a "cause" provided that she returns the marital gift to her husband
(khul' [divestiture]).

6. Priority for custody of young children (up to the age of about seven) is
given to the mother. A child later chooses between his mother and father
(for custody purposes). Custody questions are to be settled in a manner that
balances the interests of both parents and well being of the child

Question of Polygyny (Polygamy)

1. One of the common myths is to associate polygyny with Islam as if it were
introduced by Islam or is the norm according to its teachings. While no text
in the Qur'an or Sunnah states that either monogamy or polygyny is the norm,
demographic data indicates that monogamy is the norm and polygyny is the
exception. In almost all countries and on the global level the numbers of
men and women are almost even, with women's numbers slightly more than men.

As such, it is a practical impossibility to regard polygyny as the norm
since it assumes a demographic structure of at least two thirds females, and
one third males (or 80 percent females and 20 percent males if four wives
per male is the norm!). No Islamic "norm" is based on an impossible
assumption.

2. Like many peoples and religions, however, Islam did not out law polygyny
but regulated it and restricted it. It is neither required nor encouraged,
but simply permitted and not outlawed. Edward Westermarck gives numerous
examples of the sanctioning of polygyny among Jews, Christians, and others.

3. The only passage in the Qur'an (4:3) which explicitly mentioned polygyny
and restricted its practice in terms of the number of wives permitted and
the requirement of justice between them was revealed after the Battle of
Uhud in which dozens of Muslims were martyred leaving behind widows and
orphans. This seems to indicate that the intent of its continued
permissibility is to deal with individual and collective contingencies that
may arise from time to time (i.e., imbalances between the number of males
and females created by wars). This provides a moral, practical, and humane
solution to the problems of widows and orphans who are likely to be more
vulnerable in the absence of a husband/father figure to look after their
needs: financial, companions, proper rearing, and other needs.

If you fear that you shall not be able to deal justly with the orphans marry
women of your choice two or three or four; but if you fear that you shall
not be able to deal justly (with them) then only one ... (Qur'an 4:3)

4. All parties involved have options: to reject marriage proposals as in the
case of a proposed second wife or to seek divorce or khul' (divestiture) as
in the case of a present wife who cannot accept to live with a polygynous
husband.

While the Qur'an allowed polygyny, it did not allow polyandry (multiple
husbands of the same woman). Anthropologically speaking, polyandry is quite
rare. Its practice raises thorny problems related to the lineal identity of
children, and incompatibility of polyandry with feminine nature.

Third: As a Mother

1. Kindness to parents (especially mothers) is next to 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 you 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 the human (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 waning: (hear the command) "Show gratitude to Me and to your
parents: to Me is (your final) destiny." (Qur'an 31:14)

2. Mothers are accorded a special place of honor in Hadeeth too:

A man came to the Prophet Muhammad asking: O Messenger of Allah, who among
the people is the most worthy of my good companionship? The Prophet said,
your mother. The man said then who is next: the Prophet said, Your mother.
The man further asked, Then who is next? Only then did the Prophet say, Your
father. (al Bukhari)

Fourth: As a Sister in Faith (Generally)

1. According to the Prophet Muhammad's saying:

"Women are but sisters (or the other half) of men (shaqa'iq).

2. Prophet Muhammad taught kindness, care, and respect of women in general:

"I commend you to be kind to women"

Fifth: Issue of Modesty and Social Interaction

1. There exists, among Muslims a big gap between the ideal of the real.
Cultural practices on both extremes do exist. Some Muslims emulate non
Islamic cultures and adopt the modes of dress, unrestricted mixing and
behavior resulting in corrupting influences of Muslims and endangering the
family's integrity and strength. On the other hand, in some Muslim cultural
undue and excessive restrictions is not seclusion are believed to be the
ideal. Both extremes seem to contradict the normative teachings of Islam and
are not consistent with the virtuous yet participative nature of the society
at the time of the Prophet Muhammad.

2. 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 are seen 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.

3. The notion of near total seclusion of women is alien to the prophetic
period. Interpretation problems in justifying seclusion reflect, in part,
cultural influences and circumstances in different Muslim countries.

*V. The Legal/Political Aspect *

1. Both genders are entitled to equality before the law and courts of law.
Justice is genderless.

Most references to testimony (witness) in the Qur'an do not make any
reference to gender. Some references fully equate the testimony of males and
female.

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 life. But it
would avert the punishment from the wife is she bears witness four times
(with an oath) by Allah that (her husband) is telling a lie; And the fifth
(oath) should be that she solemnly invokes the wrath of Allah on herself is
(her accuser) is telling the truth. (Qur'an 24:69)

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 references to testimony in the Qur'an.

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 just in the sight of Allah more suitable as evidence and
more convenient to prevent doubts among yourselves; but if it be a
transaction which you carry out on the spot among yourselves there is no
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:

a) 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 earlier reference (24:69) which explicitly
equates the testimony of both genders in the issue at hand.

b) The context of this passage (ayah) relates to the testimony on financial
transactions which are often complex and laden with business jargon. The
passage does not make a blanket generalization which would otherwise
contradict 24:69 cited earlier.

c) The reason for variations in the number of male and female witnesses
required is given in the same passage. No reference was 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) means literally "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 this is why the general rule of testimony in
Islamic law is to have two witnesses even if they are both males. This
leaves us with only one reasonable interpretation that in an ideal Islamic
society as envisioned by Islamic teachings the female members will give
priority to their feminine functions as wives, mothers, and pioneers of
charitable works. This emphasis, while making them more experienced in the
inner function of the family

and social life, may not give them enough exposure and experience to
business transactions and terminology, as such a typical Muslim woman in a
truly Islamic society will not normally be present when business dealings
are negotiated and if may present may not fully understand the dealings. In
such a case, corroboration by two women witnesses helps them remind one
another and as such give an accurate account of what happened.

d) It is useful to remember that it is the duty of a fair judge, in a
particular case, to evaluate the credibility, knowledge and experience of
any witness and the specific circumstances of the case at hand.

2. The general rule in social and political life is participation and
collaboration of males and female 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 9:71)

3. Now there is sufficient historical evidence of participation by Muslim
women in the choice of rulers, in public issues, in lawmaking, in
administrative positions, in scholarship and teaching, and even in the
battlefield. Such involvement in social and political affairs was done
without losing sight of the complementary priorities of both genders and
without violating Islamic guidelines of modesty and virtue.

4. There is no text in the Qur'an or the Sunnah that precludes women from
any position of leadership, except in leading prayer due to the format of
prayer as explained earlier and the headship of state (based on the common
and reasonable interpretation of Hadeeth).

The head of state in Islam is not a ceremonial head. He leads public prayers
in some occasions, constantly travels and negotiates with officials of other
states (who are mostly males). He may be involved in confidential meetings
with them. Such heavy involvement and its necessary format may not be
consistent with Islamic guidelines related to the interaction between the
genders and the priority of feminine functions and their value to society.
Furthermore, the conceptual and philosophical background of the critics of
this limited exclusion is that of individualism, ego satisfaction, and the
rejection of the validity of divine guidance in favor of other man-made
philosophies, values, or "ism." The ultimate objective of a Muslim man or
woman is to selflessly serve Allah and the ummah in whatever appropriate
capacity.

*Conclusion: *

1. Textual injunctions on gender equity and the prophetic model are
sometimes disregarded by some if not most Muslims individually and
collectively. Revision of practices (not divine injunctions) is needed. It
is not the revelatory Qur'an and the Sunnah that need any editing or
revision. What needs to be reexamined are fallible human interpretations and
practices.

2. Diverse practice in Muslim countries often reflect cultural influences
(local or foreign), more so than the letter or spirit of the Shariiah.

3. Fortunately, there is an emerging trend for the betterment of our
understanding of gender equity, based on the Qur'an and Hadeeth, not on
alien and imported un-Islamic or non-Islamic values and not on the basis of
the existing oppressive and unjust status quo in many parts of the Muslim
world.

*Endnotes *

1. The term equity is used instead of the common expression 'equality" which
is sometimes mistakenly understood to mean absolute equality in each and
every detailed item of comparison rather than the overall equality. Equity
is used here to mean justice and overall equality of the totality of rights
and responsibilities of both genders. It does allow for the possibility of
variations in specific items within the overall balance and equality. It is
analogous to two persons possessing diverse currencies amounting, for each
person to the equivalence of US$1000. While each of the two persons may
possess more of one currency than the other, the total value still comes to
US$1000 in each case. It should be added that from an Islamic perspective,
the roles of men and women are complementary and cooperative rather than
competitive.

2. The Sunnah refers to the words, actions, and confirmations (consent) of
the Prophet Muhammad in matters pertaining to the meaning and practice of
Islam. Another common term which some authorities consider to be equivalent
to the Sunnah is the Hadeeth (plural: Ahadeeth) which literally means
"sayings."

3. In both Qur'anic references, 15:29 and 32:99, the Arabic terms used are
basharan and al Insaun both mean a human being or a person. English
translations do not usually convey this meaning and commonly use the terms
"man" or the pronoun" him" to refer to "person" without a particular gender
identification. Equally erroneous is the common translation of Bani Adam
into "sons of Adam" or "men" instead of a more accurate term "children of
Adam."

4. The emphasis is ours. The explanatory "both"{ was added whenever the
Our'anic Arabic text addresses Adam and Eve, like "lahoma, akala,
akhrajahoma." This was done in order to avoid misinterpreting the English
term "you" to mean an address to a singular person. For the Biblical version
of the story and its implications, see The Holy Bible, RSV, American Bible
Society, New York: 1952: Genesis, chapters 23, especially 3:6, 12, 1717;
Levi ticus 12:17; 15:19 30; and Timothy 2:11 14.

5. A common question raised in the West is whether a Muslim woman can be
ordained as a priest as more "liberal" churches do? It should be remembered
that there is no "church" or "priesthood" in Islam. The question of
"ordaining" does not arise. However, most of the common "priestly" functions
such as religious education, spiritual and social counseling are not
forbidden to Muslim women in a proper Islamic context. A woman, however, may
not lead prayers since Muslim prayers involve prostrations and body contact.
Since the prayer leader is supposed to stand in front of the congregation
and may move forward in the middle of crowded rows, it would be both
inappropriate and uncomfortable for a female to be in such a position and
prostrate, hands, knees and forehead on the ground with rows of men behind
here. A Muslim woman may be an Islamic scholar, In the early days of Islam,
there were several examples of female scholars who taught both genders.

6. This contrast with the legal provisions in Europe which did not recognize
the right until nearly 13 centuries after Islam. "By a series of acts
starting with the Married Women's Property Act in 1879, amended in 1882 and
1997, married women achieved the right to won property and to enter into
contracts on a par with spinsters, widows, and divorcees." See Encyclopedia
Britannica, 1968, vol. 23, p. 624.

7. This period is usually three months. If the wife is pregnant, it extends
until childbirth.

8. Ahmad Ibn Hanbal (compiler), Musnad Ibn Hanbal, Dar al Ma'arif, Cairo:
1950 and 1955, vols. 3 and 4. Hadith nos. 1957 and 2104.

9. Narrated in Al Bayhaqi and Ibn Majah, quoted in M. S. Aftfi, Al Martah wa
Huququhafi al Islam (in Arabic), Maktabat al Nahdhah, Cairo: 1988, p. 71.

10. Ibn Majah (compiler), Sunan Ibn Majah, Dar Ihya' al Kutub al Arabiyah,
Cairo: 1952, vol. 1, Hadith #1873.

11. Matn al Bukhari, op. cit., vol. 3, p. 257.

12. Riyad al Saliheen, op. cit, pp. 140.

13. In the event of a family dispute, the Qur'an exhorts the husband to
treat his wife kindly and not to overlook her positive aspects. If the
problem relates to the wife's behavior, her husband may exhort her and
appeal for reason. In most cases, this measure is likely to be sufficient.
In cases where the problem continues, the husband may express his
displeasure in another peaceful manner by sleeping in a separate bed from
hers. There are cases, however where a wife persists in deliberate
mistreatment of her husband and disregard for her marital obligations.
Instead of divorce, the husband may resort to another measure that may save
the marriage, at least in some cases. Such a measure is more accurately
described as a gentle tap on the body, but never on the face, making it more
of a symbolic measure than a punitive one. Following is the related Qur'anic
text:

Men are the protectors and maintains of women because Allah has given the
one more (strength) than the other and because they support them from their
means. Therefore the righteous women are devoutly obedient and guard in (the
husband's) absence what Allah would have them guard. As to those women on
whose part you fear disloyalty and ill conduct, admonish them (first),
(next) refuse to share their beds (and last) beat them (lightly); but if
they return to obedience seek not against them means (of annoyance): for
Allah is Most High, great (above you all). (Qur'an 4:34)

Even here, that maximum measure is limited by the following:

a) It must be seen as a rare exception to the repeated exhortation of mutual
respect, kindness and good treatment discussed earlier. Based on the Qur'an
and Hadeeth, this measure may be used in the case of lewdness on the part of
the wife or extreme refraction and rejection of the husband's reasonable
requests on a consistent basis (nushuz). Even then other measures such as
exhortation should be tried first.

b) As defined by the Hadeeth, it is not permissible to strike anyone's face,
cause any bodily harm or even be harsh. What the Hadeeth qualified as
dharban ghayra mubarrih or light beating was interpreted by early jurists as
a (symbolical) use of the miswak (a small natural toothbrush).

They further qualified permissible "beating" as beating that leaves no mark
on the body. It is interesting that this latter fourteen centuries old
qualifier is the criterion used in contemporary American law to separate a
light and harmless tap or strike from "abuse" in the legal sense. This makes
it clear that even this extreme, last resort and "lesser of the two evils"
measure that may save the marriage does not meet the definitions of
"physical abuse," "family violence," of "wife battering" in the twentieth
century laws in liberal democracies, where such extremes are commonplace
that they are seen as national concerns.

c) Permissibility of such symbolical expression of the seriousness of
continued refraction does not imply its desirability. In several Ahadeeth,
Prophet Muhammad discouraged this measure. Among his sayings: "Do not beat
the female servants of Allah," "Some (women visited my family complaining
about their husbands (beating them). These (husbands) are not the best of
you," "[Is it not a shame that], one of you beats his wife like [an
unscrupulous person] beats a slave and maybe he sleeps with her at the end
of the day." See Riyad Al Saliheen, op cit., pp. 130 140. In another
Hadeeth, the Prophet said:

"How does anyone of you beat his wife as he beats the stallion camel and
then he may embrace (sleep with) her?" Shaheeh Al Bukhari, op. cit., vol. 8,
Hadeeth no. 68, pp. 42 43.

d) True following of the Sunnah is to follow the example of the Prophet
Muhammad, who never resorted to that measure regardless of the
circumstances.

e) Islamic teachings are universal in nature. They respond to the needs and
circumstances of diverse times, cultures, and circumstances but unnecessary
in others. Some measures may work in some cases, cultures, or with certain
persons but may not be effective in others. By definition a "permissible" it
is neither required encouraged, or forbidden. In fact, it may be better to
spell out the extent of permissibility such as in the issue at hand, than
leaving it unrestricted and unqualified or ignoring it all together. In the
absence of strict qualifiers, persons may interpret the matter in their own
way lending to excesses and real abuse.

f) Any excess, cruelty, family violence, or abuse committed by any "Muslim"
can never be traced, honestly, to any revelatory text (Qur'an and Hadeeth).
Such excesses and violations are to be blamed on the person(s) himself as it
shows that he is paying lip service to Islamic teachings and injunctions and
is failing to follow the true sunnah of the Prophet.

14. For more details on marriage dissolution and custody of children, see A.
Abd al Ati, Family Structure in Islam, Indianapolis: American Trust
Publications, 1977, pp. 217 49.

15. For more details on the issue of polygyny, see Jamal A. Badawi, Polygyny
in Islamic Law, Plainfield, IN: American Trust Publications, also Islamic
Teachings (audio series), Islamic Information Foundation, 1982, album IV.

16. See for example, Edward A. Westermarck, The History of Human Marriage,
4th ed. (London: Macmlllan, 1925), vol 3, pp. 42 43; also Encyclopedia
BibRca, Rev. T. K. Cheyene and J. S. Black, eds.) (London: Macmillan, 1925),
vol. 3, p 2946.

17. A. M. B. 1. Al Bukhari (compiler) Matn al Bukhari, Cairo: Dar Ihya al
Kutub al Arabiyah, n.d., vol. 3 Kitab al Adab, p. 47. Translated by the
author. For a similar English translation of this Hadeeth, see Sahih al
Bukhari translated by M. M. Khan Maktabat al Riyadh al Hadeethah, Riyadh,
Saudi Arabia, i982, colt 8, the Book of ai Adab, Hadeeth no. 2, p. 2.

18. Narrated by Aisha, collected by Ibn Asakir in Silsilat Kunaz al Sunnah
1, Al./ami Al Sagheer, Ist ed. 1410 AH. A computer program.

19. Riyadh al Saliheen, op. cit., p. 139.

*Bibliography *

I. The Qur'an and Hadeeth

1. The Holy Qur'an: Text, Translation and Commentary by A. Y. Ali, The
American Trust Publication, Plainfield, IN 1977.

2. Matn al Bukhari, Al Bukhari (compiler), Dar Ihya al Kutub al Arabiyah,
Cairo, Egypt, n.d.

3. Musnad Ahmad Ibn Hanbal, Ibn Hanbal (compiler), Dar Ihya' al Kutub al
Arabiyah, Cairo Egypt, 1950 and 1955.

4. Riyadh al Saliheen, Al Nawawi, (compiler) New Delhi, India n.d.

5. Sahih Al Bukhari, M. Khan (translator), Maktabat Al Riaydh Al Hadeethah,
Riyadh, Saudi Arabia 1982.

6. Silsilat Kunuz Al Sunnah: Al Jami al Sagheer, 1st ea., 1410 AH, a
computer software.

7. Sunan Ibn Majah, Dar Ihya al Kutub al Arabiyah, Cairo: 1952.

II. Other References

1. Al Martah wa Huququha fi al Islam, M. S. Aftfi, Maktabat AlNadhhah,
Cairo: 1988.

2. Holy Bible, RSV, American Bible Society, New York: 1952.

3. Encyclopedia Biblica, vol. 3, Rev. T. K. Cheyene and J. S. Black,
editors, London: Machollan, 1925.

4. Encyclopedia Britanica, Vol. 23, 1968

5. The History of Human Marriage, vol. 3, Edward A. Westermarck, London:
Macmillan, 1925.

Abstracted from Jamal A. Badawi, Ph.D 's lectures
(World Assembly of Muslim Youth)