Women's Rights in Islam
In earlier times, women were deprived of their rightful status. Even amongst Muslims, who have clear guidelines about the rights of women prescribed in the Holy Qur’an, a wife’s status was, as described by the Promised Messiah(as), like that of a worthless object. Even today in some of the poorer countries of the Third World, be they Christian or Muslim, regard for the status of women is deplorable.
In some cultures and families, women are considered of lowly stature. Even in the West, which claims to be the standard-bearer of women’s right, only until a few decades ago women had no status. Despite raising slogans of liberation for women, even today, the well-educated people of the West oppose women attaining key positions. For example, in the recent American presidential elections, excuses were presented against a potential woman candidate, declaring: how could a woman be the President of USA? They later did their best to cover up this impression but a large part of the American population is not ready for a woman president. Apparently, America is a developed country and is said to be broadminded about freedom and civil rights, but even they could not stand the idea that a woman should be their president and leader of the country.
Islamic teachings are unambiguous. If women are precluded from doing certain jobs, this is not because they are deemed incapable or because their rights are being compromised, but because God has divided the duties between men and women. Some roles are better suited to men and others to women; nevertheless as far as the rights are concerned they are equal. The history of pre-Islamic Arabia shows that women were treated in an appalling manner. Similar attitudes were prevalent in the Western civilisation and to some extent even now: if men can get away with it, they treat women badly. That is why domestic unhappiness and divorce rates are high. In Arabia, women had no rights as wives or as daughters and were treated atrociously.
These accounts of history are frightening. The Holy Prophet(saw) championed the rights of women. He established their rights of inheritance, gave them equal rights. Today the new generation and many newcomers may not even comprehend how it is possible to be deprived of such basic rights.
Therefore, I will briefly explain the customs and traditions of the Arab culture at the time of the Holy Prophet(saw).
In some tribes, the tradition was that close family inherited widows, just like property. Even a stepson could inherit his stepmother. Then it was up to the stepson whether he married the widow or just used her. The stepson had the right to compel this widow to marry whomever he wished. The widow had no say in the matter. God strictly forbade this practice explaining that stepmothers are your father’s wives; hence, they are your mothers and are unlawful for you. This was certainly a filthy and infuriating practice and a ghastly custom. God says in the Holy Qur’an:
And those of you who die and leave wives behind, these (wives) shall wait concerning themselves four months and ten days. And when they have reached the end of their period, no sin shall lie on you in anything that they do with regard to themselves according to what is fair. And Allah is aware of what you do. (Ch.2:Vs.235)Hence, in this verse women are given freedom to marry after the death of their husbands and on completion of ‘Iddat (the fixed period) and the friends and relatives are also instructed that they should not hinder this marriage. Instead, according to the hadith a widow can choose her own Wali (guardian). Therefore, this is the freedom that was given to women against the customs of that time.
Thus Islam is the first religion to give women rights of inheritance. In the Holy Qur’an daughters are given rights of inheritance from their parents, wives have a right on husbands’ inheritance; mothers have rights on their children’s inheritance, if they happen to die before her. Similarly in some situations daughters and sisters are heirs of their brothers. No other religion established women’s rights like this before Islam.
Husbands have no rights on their wives’ money, or her earnings; this is strictly forbidden.
Men are guardians over women because Allah has made some of them excel others, and because they (men) spend of their wealth… (Ch.4:Vs.35)Men have been given the distinction because they are made guardians of the household and secondly the household expenses are to be borne by them. If a man does not fulfil his responsibilities then he loses his position of authority. If men do not take part in their children’s training and upbringing, they are committing a sin. The Promised Messiah(as) said that because man sub-stantiates the term ‘guardians over women’ therefore if he is cursed for not fulfilling his obligation he also gives this curse to his family.
Thus, if the guardian does not fulfil his responsibilities and the next generation is at risk of going astray and to ruin, then the wisdom of a woman demands that she should get in touch with the community to protect herself and her children from the curse. However, no lame excuses should be used. Taqwa is the prime condition here as well. A woman should consider this when seeking her rights.
To provide for the household is also a man’s responsibility regardless of the fact that the woman is earning or has property. It is wrong to demand that the earning woman or a woman with property should help to provide household expenses. Allah the Exalted has said that men have been given a distinction. Therefore, now that you have been given the right of a ‘Qawwaam’ (guardian/leader) you should fulfil your responsibilities to your wife and children; it is your obligation. This is why Allah the Exalted states:
…Men shall have a share of that which they have earned, and women a share of that which they have earned… (Ch.4:Vs.33)This verse makes it clear to men that that they should discharge their God-given responsibility. Now appreciate this, that women used to be treated as an inheritance and had no rights to make their own decisions. However, Islam totally safe-guarded their rights and men were commanded not to look covetously at a woman’s wealth.
In pre-Islamic days slavery was a common practice. Islam ordered men that if they wished to marry a female-slave, they must pay her Haq Mehr (dowry) similar to a free woman. Thus, Islam did not only establish the rights of free women but also of female-slaves in order to develop a pious and progressive society. Such were the rights of women established by Islam. This degree of freedom for women was beyond the comprehension of the Arabs. As I mentioned, women were treated as chattel created solely for men’s pleasure and were inherited and mutually shared. This complete and perfect Shariah (religious law) took women out of the depths of darkness and established their rights, so much so that one who was previously treated as inheritance, was given rights to inheritance.
Allah the Exalted revealed this commandment:
For men is a share of that which parents and near relations leave; and for women is a share of that which parents and near relations leave, whether it be little or much – a determined share. (Ch.4:V.8)This is the state of equality of men and women in society. As I mentioned, in the West, until quite recently women did not have these rights. In fact, by making a will, according to the law here, a person can deny his/her rightful heirs their inheritance. In Islam, the maximum bequeathal to an heir is one third, and in this way, the rights of others are not denied.
In order to establish all aspects of freedom of women Islam gives women a right which is an amalgamation of many rights. Allah the Exalted states:
O ye who believe! it is not lawful for you to inherit women against their will; nor should you detain them wrongfully that you may take away part of that which you have given them, except that they be guilty of a flagrant evil; and consort with them in kindness; and if you dislike them, it may be that you dislike a thing wherein Allah has placed much good. (Ch.4:V.20)This is a right given to a woman in instances where, for example, a husband does not treat his wife well, dislikes her, does not fulfil his responsibilities to her, but does not divorce her either because he wishes to benefit from her wealth or pushes the poor woman to a state that she is on her deathbed whilst he schemes to benefit from her wealth after her death.
There is another situation. In Islam, women are allowed to apply for Khula‘ (divorce initiated by the wife) if the husband shows unreasonable behaviour. Men, at times, abuse this by deliberately traumatising women so much that they have no choice but to apply for Khula‘. In such circumstances men would not have to pay Haq Mehr. In such cases, the Qadha [board] takes note of the grievance and tends to issue Khula‘ in the form of divorce so that a woman is not deprived of her right of Haq Mehr. Sometimes men present false statements about women before the Qadha [board] and try to damage their reputation, hoping to avoid paying due rights. Some men even take their wives to court to seize half of their property. Allah Almighty has strictly forbidden this.
Sometimes relatives do not let a widow re-marry so that her husband’s wealth should remain at their disposal. These events happen even today and numerous such complaints are received. The Holy Qur’an warned men 1500 years ago to avoid such sins and safeguard the rights of women. Sometimes relatives force women to marry a certain person amongst their relatives, so that the wealth of her late husband stays within the family.
As I have said earlier, husbands snatch the wives’ property by unfair means. In these countries even legal measures are taken in this respect and at times if the husband dies, his relatives continue with the process.
At other times it is demanded that the gifts exchanged at the time of marriage are returned. Such demand of return of gifts is a common complaint in matrimonial grievances. The Holy Qur’an establishes women’s rights and goes on to safeguard these rights like no other religion. God Almighty says that all these situations are forbidden and are tantamount to depriving women of their rights. As I said earlier, women have the right to re-marry, of their own choice, after divorce or the death of the husband. As the marriage ceremony of Nikah cannot be officiated without a Wali (guardian) for the woman, in instances where impediments are created, a woman can request the Khalifa of the time to intervene. If the case is genuine then the Khalifa of the time can himself become the Wali (guardian), or appoint a Wali or a Wakil. So Allah the Exalted says in this verse:
… and consort with them in kindness… (Ch.4:Vs.20)Treat them well, do not look for excuses to be malicious and unkind to them, do not desire their wealth or whatever you have given them. The Holy Prophet(saw) said: ‘The best of you is he who is the best to his wife.’ Then he said: ‘and I am the best to my wives.’ Thus, by his own excellent and blessed model, the Holy Prophet(saw) further drew men’s attention towards women’s rights.
Let it be clear that the use of the term ‘flagrant evil’ in the aforementioned verse does not give men the right to confiscate women’s property. Instead, this term is related to the subject-matter stated in the verses preceding this verse. That is, if a woman is involved in indecent acts she can be restricted to her home. It is not sufficient to just blame her for open flagrance, rather witnesses have to be produced to support the accusation and that is a lengthy procedure in itself. If the person making the accusation is the husband then he is required to take an oath in the name of Allah before he gives his evidence. He has to state that he be cursed if he is lying. Similarly, the wife has the right to refute these allegations and assert her innocence under an oath. Thus, rights of both parties are established. It needs to be understood that the use of the phrase ‘flagrant evil’ is not a licence for men to get their hands on their wife’s property. The word is used here to encourage men to live peacefully with their wives and honour their rights.
Allah Almighty says that it is entirely possible that you may dislike something [in your wives] and Allah has made it beneficial for you. You may dislike a woman but Allah can make her good for you. Therefore unless you can prove open and clear misconduct, do not make her life difficult by accusing her or attempt to deprive her of her property. Do not withhold the rights she has over you. Therefore, Allah the Exalted has admonished men who torment women or threaten them with divorce over trivial errors by upholding her rights in this regard as well.
Therefore, from whatever angle you look, women’s rights are safeguarded in Islam. So extensive is this safeguarding of rights that no Muslim women can be adequately grateful for these commandments in the Holy Qur’an. No other religious book or Shariah watches over women’s rights so well. Not only are the rights established, but men are also advised to overlook women’s mistakes and weaknesses. Men are, moreover, encouraged to treat them gently and with kindness. This kindness should not be limited as a reward for something that pleases them; rather, they have to be kind even if they do not like them. This is how Islam has set the standard of women’s rights at the highest level.
I briefly explained the state of affairs during the pre-Islamic era; to draw men’s attention to this matter under those circumstances, not to mention establishing women’s rights, was the greatest act of kindness of God Almighty and by the Holy Prophet(saw) for a Muslim woman. Seeing his practices and the effort to establish rights of women, the people of Arabia sometimes stumbled. On the other hand, when women realised that there was someone to champion their cause, they became confident.
It is related about Hadhrat ‘Umar(ra) that he said his wife interfered in his matters. He chided her saying who was she to interfere in his matters. Arabs could not tolerate a woman advising them. Hadhrat ‘Umar’s(ra) wife replied that if the wives of the Holy Prophet(saw) could give him their advice and the Holy Prophet(saw) allowed this, then how could he put a stop to her counsel? Such was the courage that the Holy Prophet(saw) inculcated in women, with his blessed model and his teaching.
Arabs had a very severe attitude towards women. They would easily hit women even over simple mistakes. This still happens, as I said, even in Western countries. Many women write to me about such treatment by their husbands. Out of fear of their husbands some simply write that ‘these are our circumstances, we are tired of daily beatings which have begun to affect the lives of the children and we are only writing to you for prayers’. They say that they do not wish their husbands to find out. These women think that if the husbands find out, they will not reform themselves but instead the women will get beaten more for complaining. Anyway, this was a common tradition among Arabs. The Holy Prophet(saw), who was the greatest champion of women rights, said that women are servants of Allah and not your servants; therefore do not hit them.
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