Gender Equity in Islam - 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 (con-sent) 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 32:9-9, 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 2-3, especially 3:6, 12, 17-17; Levi-ticus 12:1-7; 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 Islamic Books in English:

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.

Gender Equity - Question of Polygyny

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 24:6-9)

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 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 (24:6-9) 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 24:6-9 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.

Also I got some reference there on Yaari, you can read Islamic Learning Books to enhance your knowledge.

Gender Equity in Islam - Economic & Social Expect

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 81-8-9)

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

 For more reference and details you can read some Islamic Books on Yaari.