Position of Woman in Shari’ah – I

Position of Woman in Shari’ah – I

1994 4-5 April-May21-29 Position of Woman in Shari’ah – I (2609)

QUR’ANIC VERSES

The Qur’an and Hadith give detailed commandments regarding women, and also lay down clear guidelines for the relationship between men and women. The following quotations from the Qur’an and Hadith highlight the most important aspects of feminine virtue and the standing which a woman should have vis-à-vis her husband and father:

Treat them with kindness; for even if you dislike them; it may be that you dislike a thing which Allah has meant for your own abundant good. I

Women shall with justice have rights similar to those exercised against them, although men have a degree (of advantage) above women. Allah is mighty and wise.2

Men shall have a share in what their parents and kinsmen leave; and women shall have a share in what their parents and kinsmen leave; whether it be little or much, it is legally theirs.3

And among His signs is this, that He created for you mates from among yourselves, that you may dwell in tranquillity with them, and He has put love and mercy between your (hearts). 4

Those that do evil shall be rewarded with like evil; but those that have faith and do good works, both men and women, shall enter the Gardens of Paradise and receive blessings without measure. 5

1. Qur’an, 4:19.

2. Qur’an, 2:228.

3. Qur’an, 4:7.

4. Qur’an, 30:21

5. Qur’an, 40:40

But the believers who do good works, whether men or women, shall enter the gardens of Paradise. They shall not suffer the least injustice.1

We shall reward the steadfast according to their noblest deeds. Be they men or women, those that embrace the faith and do what is right. We will surely grant a happy life; We shall reward them according to their noblest actions.2

The true believers, both men and women, are friends to each other. They enjoin what is just and forbid what is evil; they attend to their prayers and pay the alms-tax and obey Allah and His apostle. On these Allah will have mercy. He is mighty and wise.3

I will deny no man or woman among you the reward of their labour. You are the offspring of one another. Those that fled their homes or were expelled from them, and those that suffered persecution and fought and died for My cause, shall be forgiven their sins and admitted to gardens watered by running streams, as a reward from Allah; it is He who holds the richest recompense.4

WORDS OF THE PROPHET MUHAMMAD

The first four of the following sayings of the Prophet Muhammad, may peace be upon him, stress the high standard of conduct which a man is meant to maintain in his relations with women:

Only a man of noble character will honour women, and only a man of base intentions will dishonour them. 5

The best among you is he who is best for his family. For my family, I am the best of all of you.6

1. Qur’an, 4:124.

2. Qur’an, 16:97.

3. Qur’an, 9:71.

4. Qur’an, 3:195.

5. Thn Majah, Sunan, Kitab an-Nikah, 1/636.

6. Kanz al-’Ummal, 16/371.

No believing man should hate a believing woman, for if there is any habit of hers that displeases him, there will be some other habit of hers which pleases him. 1

The most perfect man of religion is one who excels in character. The best among you is he who gives the best treatment to his womenfolk.2

According to Abu Hurayrah, the Prophet considered a woman good if she was a delight to her husband’s gaze, obeyed his wishes when something had to be done for him, and placed her person and her wealth entirely at his disposal. 3

The following traditions give a clear indication of the position that a woman occupies in Islam.

Everything in this world is a piece of property, or a possession. The best possession in the world is a pious woman.4

Shall I not tell you what the best form of wealth is? It is a pious woman who is a delight to her husband’s eyes, who obeys when asked to do anything, and who looks after his interests when he is away.5

When it was revealed in the Qur’an that punishment awaited those who heaped up gold and silver, certain of the Companions said that if they could find out which form of wealth was better, they would accumulate that instead. At this the Prophet said, ‘The best thing one could have is a tongue which expresses remembrance, a heart which gives thanks and a believing woman who helps one to be more steadfast in one’s faith.’6

1. Muslim, Sahih, Kitab ar-Rada’, 2/1091.

2. At-Tirmidhi, Sahih, Abwab ar-Rada’, 2/l091.

3. An-Nasa’i, Sunan, Kitab an-Nikah, 6/68.

4. Ibid., p. 69.

5. Ibn Majah, Sunan, Kitab an-Nikah, 1/596.

6. At-Tirmidhi, Sahih, Abwab at-Tafsir, 11/238.

Next to piety itself, the best thing that a believer can find is a pious wife. She should be such that if he asks her to do anything, she obeys, and when he looks at him she should make him happy. When she swears upon him, she should fulfill her pledge and, in the absence of her husband, she should devote herself earnestly to keeping his wealth and preserving her chastity. 1

They have found all the good of this world and the hereafter who are in possession of these four things: a heart that gives thanks, a tongue that remembers God, a body which is patient when persecuted, and a wife who can be trusted to remain chaste and refrain from misusing her husband’s wealth.2

Treat women well, for they have been created from a rib. The rib is most curved in its upper part, so that if you try to straighten it out, it will break, but if you leave it as it is, it will remain intact.

Therefore, follow my advice on giving women fair treatrnent.3

Women are the other half of men.4

Fear God in respect of women.5

Heaven lies beneath the feet of mothers.6 (i.e. those who serve their mothers well are deserving of Paradise)

One who brings up three daughters, teaches them good manners and morals, arranges their marriages and treats them with fairness, deserves to be ushered into Paradise. 7

If a man to whom a girl is born neither buries her alive, humiliates her, nor gives his sons preference over her, he will be allowed to enter heaven by God, as a reward. 8

1. Ibn Majah, Sunan, Kitab an-Nikah, 1/596.

2. AI-Haythami, Majma’ ai-Zawa ‘id wa Manba’ ai-Fawa ‘id, Kitab an-Nikah, 4/273.

3. AI-Bukhari, Sahih, Kitab an-Nikah.

4. Abu Dawud, Sunan, Kitab at-Taharah, 1/61.

5. Ibn Majah, Sunan, Kitab ai-Manasik, 2/1025.

6. Jalaluddin al-Suyuti, Ai-Jami’ as-Saghir fi Ahadith ai-Bashir an-Nadhir, 1/536.

7. Abu Dawud, Sunan, Kitab ai-Adab, 4/338.

8. Ibid., p. 337.

Shall I not tell you what the best object of your charity is? It is your own daughter who has returned to you as a widow, or a divorcee, and who has no one to earn for her except you.1 (That is, to spend on a daughter in need is the best form of charity).

When a man is tested through his daughters by God, and he treats them well, his actions will guard him from hellfire. 2

1. Ibn Majah, Sunan, Kitab ai-Adab, 2/1209-10.

2. At-Tirmidhi, Sahih, Abwab ai-Birr wa as-Silah, 8/105.

THE QUALITIES OF A BELIEVING WOMAN

Umm Salmah, the Prophet Muhammad’s wife, once remarked to the Prophet, ‘I hear of God mentioning men but not women.’ It was in this context that the following verse was revealed to the Prophet:

I will deny no man or woman among you the reward of their labours. You are members, one of another.3

3. Qur’an, 3:195.

This makes it clear that, although males and females differ from one another biologically, they are equal in terms of human status, they have a definite partnership with one another, and there is no distinction made between them as regards their respective rights. They are, in fact, each other’s lifetime companions.

THE PRINCIPLE OF THE DIVISION OF LABOUR

Within the social framework, however, Islam – to the extent that it is both natural and practical – has adopted the division of labour in respect of the sexes, the man’s field of activity being basically external to the home, while the woman’s is domestic. This division, however, has never been intended as a form of discriminatory treatment. Its main purpose has always been to preserve the distinctive characteristics of both the sexes, while deploying their respective talents and skills in the most socially useful manner.

This enables both sexes to make the best use of their innate capabilities without causing any undue disruption in the family or in society. In modern parlance, this is a form of managerial optimization rather than of sexual discrimination. For this principle to be effective, the spheres of activity of men and women have had to be quite different and, of course, separate from each other. That is to say that the man’s field of activity is in the outside world, while the woman’s is in the home. This traditional distinction has been so often cited by feminist as an inhibiting factor in women’s lives that the true meaning of equality has been lost sight of. After all, it will be the very same virtues in thought, word and deed which will be prerequisites for both sexes to enter Paradise. If the qualities of piety, humility, honesty, patience and compassion are demanded of men, they will in like measure be demanded of women. The fact that men and women function in different spheres has no bearing whatsoever on the ultimate equality – equality in the eyes of God.

BASIC ATTRIBUTES OF MEN AND WOMEN

The characteristics of true believers, both men and women are depicted in the Qur’an in the following words:

Men and women who have surrendered,

believing men and believing women,

obedient men and obedient women,

truthful men and truthful women,

enduring men and enduring women,

humble men and humble women,

men and women who give in charity,

men who fast and women who fast,

men and women who guard their chastity,

men and women who remember God in abundance -

for them God has prepared forgiveness and a great reward. 1

1. Qur’an, 33:35.

These then are the. basic attributes which both men and women must cultivate if they are to endear themselves to God and become His favoured servants:

Islam The initial step to be taken is to embrace Islam, which means that one should willingly obey God, leading one’s life within the bounds of God’s commandments.

Iman (faith) Islam begins really to take root with the conscious discovery of God, which is known as iman (faith). When iman is genuine, the men or women concerned cannot but surrender themselves to God. Discovering God as their Creator causes them to treat Him as an object of worship and to mould their thinking upon the truth. They control their desires and dedicate their wealth to the cause of God. They even stop eating and drinking the whole day throughout the month of Ramazan in obedience to God’s will. Their consciousness of their servitude to God makes them remember God constantly, on all occasions and at all times.

Qunut (sincere obedience to God) This entails the adoption of the path of piety as shown by God and His prophet. It means the fullest concentration of the heart and mind on the will of the Almighty.

Sidq (truthfulness) means living an honest, straightforward life in the sense of saying plainly what one is going to do, and then actually doing as one has said. In other words, it means leading a life of principle.

Sabr (patience) is a quality which enables one never to deviate from religious teachings, even if one is faced with difficulties and persecution. It is the quality one needs if one is to follow the path of Truth, surmounting all obstacles which have been placed there either by the self or by Satan. It is the virtue which will keep one from abandoning the divine path and succumbing to worldly temptations.

Khushu’ (apprehension, fear) is a powerful emotion which engenders an attitude of humility and submission. One comes to this state through a realization of God’s greatness and His absolute power, which is in stark contrast to man’s total powerlessness. The fear of God completely engulfs the believer, making him bow before his Maker. In consequence, he becomes kind to and humble towards other human beings.

Sadaqah (alms-giving, charity) is the duty of acceding to others the right to a share in one’s wealth. It makes one aware that if one’s own needs require the expenditure of money for their satisfaction, so also do the needs of others. One is never then oblivious to the needs of others.

Sawm (fasting) must be practised for the sake of God. By fasting, man contrasts his own helplessness with God’s omnipotence, and thanks God for the food and drink which He has bestowed upon him.

The preservation of chastity. It is important as it keeps one pure and guards one against shameful behaviour. The sense of shame which God has given man acts as a natural deterrent against permissiveness.

Remembrance of God. One of the most important virtues is the frequent remembrance of God. It is not enough to have made discovery of the Creator and Sustainer of mankind: truly virtuous men and women must remember God at all times. One who has truly found God will always have Him in his thoughts and will always have His name on his lips.

The 66th chapter of the Qur’an, entitled ‘Prohibition,’ mentions three more qualities of believing women: penitence, devoutness and obedience.

Tawbah means feeling penitent about having committed a sin and then turning away from sinfulness. This is a very special attribute of believing men and women. In this world of trial one does make mistakes from time to time – dominated as one is by the self – but the effect of one’s wrongdoing will not be irreversible if one at once turns to God and repents one’s misdeeds. This repentance acknowledges God’s greatness as compared to man’s insignificance. Those who are truly repentant find the greatest favour in God’s eyes.

‘Ibadah. This is the act performed to acknowledge supernatural exaltedness. It is familiarly known as worship, and its object should be none other than the Almighty. Believing men and women worship God and God alone.

ltinerancy. The virtues of undertaking journeys for God’s cause are best explained in the hadith recorded by Abu Dawud: ‘According to Abu Umamah, a certain individual once asked the Prophet’s permission to become a dervish. The Prophet replied that the dervishism of his ‘Ummah (community) meant struggling in the path of God.’ 1

Travelling for the cause of God includes, according to Imam Raghib Asfahani, taking such action for His sake as necessitated moving about from one place to another. Examples of such travel are: covering long distances in order to acquire a knowledge of religion; emigrating for the sake of religion: visiting scenes of natural beauty or places of historical interest which have some lesson for mankind: especially undertaking journeys in order to convey God’s message to His creatures. 1

These qualities, separately enumerated above, when taken together constitute an ideal, not just for men, but for both sexes. These are the qualities that form the basis of Islam, and are the true means of salvation in the world to come.

(TO BE CONTINUED)

1. Abu Dawud, Sunan, Kitab at-Jihad, 5/3.