Monday 16 January 2012

Islam and Gender




Islam and Gender



This conference speaks about gender and health within the socio-cultural framework of WHO’s Eastern Mediterranean Region.

As far as the individual is concerned, culture means certain basic values that take root within him from the early days of his life until he begins to look at things with clear understanding. These include what he learns from his parents, family, social surroundings, teachers and community. When he becomes independent, he uses his mind to look into things, formulate his own views and express them as he thinks fit. Language has a major role in giving firm roots to what is implanted within us, as also in transmitting essential information that helps us to communicate.[1]

National culture, on the other hand, is the total sum of the cultures of its individuals who have a common denominator of education that provides common grounds between, say, an English shepherd and an English doctor. Such common factors constitute culture which we may compare to a mirror reflecting every variant of the culture of all individual members, widely different as these may be in their views, inclinations and lifestyles. This mirror is essentially the language of a particular community.

Religion also has a major role in formulating the culture of both individual and community. This applies to divine religions, such as Islam, Christianity and Judaism, as well as to other religions including idolatrous ones. T.S. Eliot is of the view that “culture and religion are two faces of the same coin, because the culture of a certain community is no more than the expression of its religion.”[2]

Thus, the socio-cultural framework of this region of ours is closely related to its language, religion and prevailing traditions.

As for language, God has chosen Arabic as the language of the Qur'an which embodies His final message. But we need to ask here: which type of Arabic is that? The answer is given clearly in the Qur'an, for God says: “Never have We sent a messenger otherwise than speaking the language of his own people, so that he might make [the truth] clear to them.” (14: 4) Referring to the Qur'an, He says to the Prophet: “And so have We made [the Qur'an] easy to understand, in your own tongue.” (19: 97) This means that the Qur'an was revealed in the language spoken by the Prophet and his tribe, the Quraysh, and its Arab neighbours. Needless to say, language develops and admits new concepts giving old words modern meanings. This is a beautiful aspect of all languages. What is unacceptable, however, is that we impose modern meanings on the text of the Qur'an or the statements of the Prophet, thus twisting the text to make it fit with our own prejudices.  

The language that should be our light in understanding the Qur'an is the one that was spoken by the Prophet and the Quraysh tribe at the time. We cannot refer to any other language or dialect even though it might have been spoken by other Arabian tribes. Abu Amr ibn al-Alaa’, (d. 154 H/ 771 CE), who was one of the greatest authorities on Arabic and its different dialects and styles, says: “The language used in the Qur'an and which people spoke at the Prophet’s time is a different form of Arabic to what we speak today.”

Arabic uses two modes only in both address and reporting: one for females (feminine gender) only and one for both males and females (masculo-feminine or common gender). Arabic does not employ any special form or mode which makes the address specifically masculine. If males are addressed on their own, there must be some evidence that limits the address to them alone. When an address in made in general terms, then it is intended for both men and women, unless we have specific evidence making clear that women are excluded. Evidence in support of this is provided by Imam al-Khattabi as he comments on the Prophet’s hadith that states: ‘Women are men’s full sisters.” Al-Khattabi says: “If an address is made in the masculine form, then it is a common address that includes men and women alike, except in special situations where we have some indicators making it specifically intended otherwise.”[3] Imam Ibn al-Qayyim makes a similar point: “It is an established norm that all provisions stated in the masculine form apply to both men and women when they are expressed generally, without a special factor limiting them otherwise.”[4]

Prior to both, Imam Ibn Hazm, one of the leading scholarly figures in our history, said: “There is no disagreement among Arabs, or Arabic speaking people, past or contemporary, that an address or piece of information given about both men and women, males and females, is expressed in the same form as used for addressing men only or reporting about them. There is absolutely no distinction between the two. This is always consistent. It is, then, true to say that Arabic does not have a formula intended specifically for males other than the one that includes females with them. Thus, something extra has to be added to indicate that the address or the information given is meant for males alone. Hence, it is not permissible to limit an address to only a part or section of its intended addressees without clear evidence stated in a clear text or relying on clear unanimity. This means in practical terms that the word ‘Do’ and the regular and irregular plural formulae address both males and females. When we take this into account, and we are aware that God’s Messenger was sent to both men and women on equal footing, and that God and His Messenger make the same address to both, we conclude that it is not permissible to exclude women from any address or instruction without clear evidence made in a text or by unanimity.”[5]

Ibn Hazm further develops this point before he says: “We are absolutely certain that the Prophet has been sent by God to address women as he addresses men, that the divine law is applicable to women as it applies to men, and that all provisions and rules of Islamic worship and Islamic law are applicable to both on equal footing, except for what is clearly stated to apply to one sex but not the other. All this makes it imperative that men should not have any privilege over women concerning anything addressed to the Muslim community in its entirety, unless such exception is clearly stated in a religious text or by a unanimous ruling.”[6]

Ibn Hazm certainly states the truth. May God bless his soul and reward him well. No one doubts that the address in verses like the following are meant for both men and women:

“Vie with one another in good works.” (2: 148)
Give generously for the cause of God.” (2: 195)
“Believers, submit all of you to God and do not follow Satan’s footsteps.” (2: 208)
Spend [for God’s cause] out of that with which We have provided you.” (2: 254)
Spend in charity out of the good things you have earned, and out of that which We bring forth for you from the earth.” (2: 267)
“You shall not withhold testimony.” (2: 283)
“Fear God as you rightly should.” (3: 102)
“Let there become of you a nation that invites to all that is good.” (3: 104)
“Hasten, all of you, to the achievement of your Lord’s forgiveness.” (3: 133)
“Do not devour each other’s wealth illegally.” (2: 188 & 4: 29)
“Be true to your contracts.” (5: 1)
“Be steadfast in your devotion to God, bearing witness to the truth in all equity.” (5: 8)
“Believers, fear God and seek the means to come closer to Him.” (5: 35)
“Believers, do not forbid yourselves the good things God has made lawful to you.” (5: 87)

I have given all these examples, from the first five surahs only, so as to drive the point home, but there are many more examples that could be quoted from the Qur'an. The same applies to the Prophet’s own statements, such as “Every Muslim has an incumbent duty to do an act of charity.” [Related by al-Bukhari and Muslim.] The word ‘Muslim’ in this context refers to both men and women who are Muslims. The same may be said about other hadiths, such as:

“To pursue learning is obligatory to every Muslim.” [Related by Ibn Majah.]
“Whoever relieves a Muslim of a situation of stress in this life will be spared by God a situation of stress in the life to come.” [Related by al-Bukhari and Muslim.]
“Whoever believes in God and the Last Day must not harm his neighbour.” [Related by al-Bukhari and Muslim.]
“No one eats better food than what he buys with what he receives for his own work.” [Related by al-Bukahri.]
“Whoever of you is able to benefit his brother should do so.” [Related by Muslim.]
“The people loved most by God are the ones who are of most benefit to other people.” [Related by Ibn Abi al-Dunya and Ibn Asakir.]

These are but a few examples, but numerous other hadiths may be cited in confirmation of what we have stated.

As a language, Arabic asserts the absolute equality between man and woman, using the word zawj for both husband and wife. This is indeed the word used in the Qur'an for both. It also uses the word ‘arus for both bride and groom. This is perhaps the reason why in love poems we often find the common gender used in reference to the woman the poet loves. Although it takes the masculine form, it is never intended for a male lover as some people suggest.

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I would like to cite here a couple of examples showing how errors in Islamic thought could occur as a result of ignoring the fact I started with, namely that the Qur'an is to be understood only in accordance with the language spoken by the Prophet and his people. Take the following verses that speak about all Muslims, men and women alike: “Whatever is with God is far better and more enduring; [and it will be given] to those who believe and place their trust in their Lord; who shun more heinous sins and abominations; and who, whenever they are moved to anger, readily forgive; who respond to their Lord and attend regularly to their prayers; whose rule is to determine their affairs through consultation among themselves; who spend in charity out of what We provide for them; and who, whenever tyranny afflicts them, defend themselves.” (42: 36-39) It is unanimously agreed by Muslim scholars in all generations that these verses speak of all believers, men and women. All the qualities they mention, such as faith, placing one’s trust in God, steering away from sin, controlling one’s anger and forgiveness of others, attending to prayer, charitable spending as well as determining matters through common consultation and defending themselves against tyranny, are equally applicable to men and women. Nevertheless some Muslims today insist that the quality of deciding matters through consultation among Muslims is limited to men only. The Qur'anic statement here is definitive, yet they wish to make it lop-sided, setting aside one of the qualities and limiting it to men, thus forcing the relevant part of the verse out of context. The fact is that in the Islamic system all people, men and women, are guaranteed their political rights. The exercise of such rights is required as a binding duty on all people.

Another example is the Qur'anic verses that state: “Say to them: ‘Work, for God will see your deeds, and so will His Messenger, and the believers.” (9: 104), “Do good works.” (34: 11), “Hence, whoever expects to meet his Lord [on Judgement Day], let him do what is right.” (18: 110) Some people simply do not wish to understand that God has made work a duty incumbent on man and woman alike, even though this last verse addresses both, using the imperative mode. As such, its import is that of a requirement made obligatory to both sexes. It is phrased in the imperative to state a duty that remains obligatory unless something is added by way of a qualification. Just like the pursuit of knowledge and learning is a duty of every Muslim, male and female, so is work. Hence, it is wrong to say that women must stay at home and not seek work, because work is required of both men and women. What is meant here is good work, which is beneficial to the Muslim community. This is indeed the reason why faith is linked to good work in no less than 82 verses of the Qur'an. On some occasions, God clarifies the matter further, giving more prominence to the quality of doing good works, saying for example: “Whoever does righteous deeds, whether man or woman, and is a believer, We shall most certainly give a good life.” (16: 97)

A third example may be taken from what is known as ‘enjoining what is right and forbidding what is wrong’, which is a duty incumbent on all believers, men and women. God says in the Qur'an: “The believers, men and women, are friends to one another: They enjoin what is right and forbid what is wrong.” (9: 71) Some people in our time have distorted the concept of ma‘roof, which may be translated as ‘what is right or acceptable’ so as to limit it to a small number of superficial matters that are of little or no consequence. What is right, or ma‘roof, includes everything that is good for the individual and the community; and under ‘what is wrong’, or munkar, is included all that is detrimental to the individual or the community. To give some examples: breast-feeding is right. Hence, when we in the World Health Organization advocate breast-feeding, we are actually enjoining what is right. Similarly, vaccinating our children to provide them with immunization against communicable diseases is right, or ma‘roof, because it protects children against a number of the worst childhood diseases. Hence, promoting universal immunization is part of ‘enjoining what is right’. By contrast, any type of polluting the environment is wrong, or munkar. Therefore, preventing pollution is a prevention of what is wrong, while promoting its preservation is part of enjoining what is right. Likewise, smoking is wrong, or munkar, because of its great detriment to the health of the smoker and the community. Hence, when we take action against smoking we are denouncing what is wrong and trying to forbid it. When the authorities promulgate traffic rules and regulations to prevent road accidents, they are enjoining what is right. Likewise, throwing rubbish on the road is wrong, while removing harmful objects from people’s way is a charitable deed. Therefore, to enjoin a person not to throw rubbish on the road is part of implementing this greatly advantageous duty.

The rightly-guided Caliphs dealt positively with this issue, making it an important institution of Islamic society. Thus, Umar ibn al-Khattab established the system known as al-hisbah, a word which refers to the highest authority that controls market activity and transactions, including quality control and prevention of cheating and fraud. Its aim was to ensure that all business transactions, as well as scholarly and professional activities, are carried out in accordance with Islamic law. This requires control machinery which he founded, appointing at its head in Madinah a most suitable lady, al-Shifa’ bint Abdullah, who had been active in teaching uneducated women to read and write. This measure gave this lady a public office with supervisory authority over all men and women carrying out trade and business in the market. The system was also applied in Makkah, where another lady, al-Samra’ bint Nuhayk, was at the head of this supervisory department. The reporter of the hadith from which we learn these facts says: “I saw al-Samra’ bint Nuhayk wearing a thick garment, holding a stick with which she disciplined people, ordering what is right and forbidding what is wrong.” Such was the state of affairs in Islamic society fourteen centuries ago, at its purest period, before decline started to set in.

May I mention here that we must be careful when dealing with texts that may initially appear to be contradictory. All Qur'anic verses and all hadiths have the same source, which is God Himself, who says: “Had it [i.e. the Qur'an] issued from any but God, they would surely have found in it many an inner contradiction.” (4: 82) Since it comes from God, then absolutely no contradiction can occur in it. Therefore, when we see two texts with some apparent conflict, we cannot just uphold one and negate the other. We must try to reconcile them on the basis of careful study. To give an example. The Prophet is quoted to have said: “I do not shake hands with women.” [Related by Malik, Ahmad, al-Nassaie and al-Tirmidhi.] Another version of this hadith sheds more light on its meaning, because it gives more details, mentioning that the Prophet “did not shake hands with women when accepting their pledges of loyalty, i.e. bay‘ah.” [Related by Ahmad.] Aishah, the Prophet’s wife, reports: “Never did the Prophet’s hand touched a woman’s hand when taking their pledges of loyalty.” [Related by al-Bukhari and Muslim.] God has distinguished the pledges given by men and women, with men committing themselves to fight against the enemy in addition to the same commitment by women to observe good manners and moral values. Hence, it was right that the Prophet should provide a physical distinction between the two to reflect the distinction in substance. This is why he shook hands with men but did not do so with women when he accepted the pledges of both. Thus, we understand the version that speaks in general terms in the light of the more specific version. This is in line with the accepted rules of Fiqh methodology. Thus we remove the seeming conflict between the hadith that denies the Prophet’s shaking hands with women and the Qur'anic verse which speaks of returning greetings: “When a greeting is offered you, answer it with an even better greeting, or [at least] with its like.” (4: 86) Similarly no conflict will remain between the above hadith and the authentic one that states: “Any young woman from Madinah would come and take the Prophet by the hand and he would go with her wherever she wanted.” [Related by al-Bukahri.] Another version of this hadith says that the Prophet “would not release his hand from hers as she took him wherever she wanted.”[7]

It should be noted that the fact that the Prophet did not shake hands with women when he accepted their pledges of loyalty does not imply that Muslims must refrain from such action, because ‘an action does not create an obligation’. Imam Ibn Hazm says: “There is absolutely no disagreement that the Prophet’s actions are not by themselves duties incumbent on him. It is impossible then that they should be obligatory to us.” Imam al-Shawkani further develops this point, citing the verse that says: “You have in God’s Messenger a good example to follow.” Al-Shawkani says: “Had it been obligatory to follow his example, God would have rephrased the verse so as to say: ‘You are required to…’ The fact that He says: ‘You have…’ indicates that it is not obligatory.”

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When we speak about Islam, we have to refer to the Qur'an and the authentic sunnah. Here we find that equality between men and women is not limited to the mode of address; it is carried further to apply to numerous details.

Islam makes it clear that both men and women have the same origin. It states that God has created all mankind “from a single soul, and from that soul He created its mate, and out of the two He brought forth countless men and women.” (4: 1)  God also says in the Quran: “Mankind, We have created you all out of a male and a female.” (49: 13)

According to Islam, both man and woman were equally responsible for what they did in the first stage of creation: “Satan whispered to the two of them in order to reveal to them their nakedness, which so far had been hidden from them. He said: ‘Your Lord has only forbidden you this tree lest you two should become angels or lest you live for ever.’  He swore to them: ‘To both of you I truly give friendly counsel.’  Thus, with cunning, did he lead them on. And as soon as the two tasted the fruit of the tree, their nakedness became manifest to them, and they began to cover themselves with the leaves of the garden. Their Lord called out to them: ‘Did I not forbid you that tree and tell you that to both of you Satan is indeed an open foe?’  The two replied: ‘Our Lord, we have wronged ourselves, and unless You grant us forgiveness and bestow Your mercy on us, we shall most certainly be lost.’”[8] (7: 20-3)

Equality in human responsibility is firmly established by Islam. In the Quran we read: “Anyone who does a bad deed shall be requited with no more than what is equal to it, whereas anyone, be it man or woman, who does what is right and is a believer shall enter paradise where they will all enjoy countless blessings.”  (40: 40)

The responsibility of both men and women to abide by the provisions of the divine constitution and to carry out religious commandments is absolutely the same as defined in the Quran: “It is not for any believer, man or woman, to have any choice concerning their own affairs, once God and His messenger have made a decision concerning them.” (33: 36)

Both men and women stand to receive equal reward from God for their good deeds: “For all who surrender themselves to God, be they men or women, and all believing men and women,  all truly devout men and women, all men and women who are true to their word, all men and women who are patient in adversity, all men and women who humble themselves before God, all charitable men and women, all men and women who fast, all men and women who are mindful of their chastity, and all men and women who remember God frequently: for all of them God has prepared forgiveness and a great reward.” (33: 35)

They also share equally the political responsibility for keeping their society on the right track: “The true believers, men and women, are patrons of one another. They enjoin what is right and forbid what is wrong...” (9: 71)

Islam extends equal rights of ownership to both men and women, covering anything they may earn in return for what they do or in any other legitimate way: “Men shall have the benefit of what they earn and women shall have the benefit of what they earn.” (4:32)

Men and women are treated on equal footing with regard to their financial and economic independence and competence. A wife does not have the right to dispose of her husband’s money. Likewise, a husband has no right to dispose of his wife’s money, even though she may be rich and he poor. The Prophet went further than that, allowing a wife to take from her husband’s money what covers the family’s needs. He said to a woman who asked him about this, complaining that her husband was stingy: “Take what is sufficient for you and your children, in accordance with what is reasonable.” Indeed, a wife may give to charity out of her husband’s money, within what is reasonable, but the husband has no similar right.[9]

Islam also makes the right of inheritance from parents and kinsfolk equally applicable to both sexes: “Men shall have a share in what parents and kinsfolk leave behind, and women shall have a share in what parents and kinsfolk leave behind, whether it be little or much – a share ordained by God.” (4: 7)  However, in order to maintain complete justice, Islam has made the share received by each one of them commensurate with the financial responsibilities Islamic law imposes on them both. It also takes into account a number of other factors. The result is that a man inherits more than a woman in four cases, but they have equal shares in far more cases, while a woman inherits more than a man in ten other cases. Besides, there are cases where a woman inherits but a man of the same relationship to the deceased does not.[10] Indeed, the Islamic inheritance system constitutes a separate and detailed discipline in Islamic law.

Both men and women have the same rights to undertake any profession. At the time of the Prophet, women worked in agriculture, grazing, knitting, textiles and domestic industries. Others took up professions such as treating the sick, attending to those who were wounded in battle and general nursing.

Islam makes it imperative that men and women should receive the same wages when they do the same work. Yet many countries in the developed world continue to give men higher wages than women for the same work. Figures published this year clearly confirm this trend.

Muslim children of both sexes have the same right to education. Indeed they are required to seek education. Islam makes the pursuit of knowledge a duty of every Muslim, male and female. This means in effect that illiteracy must be totally eradicated in Muslim society.

Under Islam, both men and women enjoy the same rights to have their reputation and social standing protected against any slander, ridicule or backbiting: “Believers, no men shall deride other men, for it may well be that those whom they deride are better than themselves; and no women shall deride other women, for it may well be that those whom they deride are better than themselves. Do not defame one another, nor call one another by nicknames... Do not allow yourselves to speak ill of one another behind your backs.” (49: 11-2)

Both men and women enjoy the same standing before the law and bear the same responsibility for any offences they may commit. They are liable to be punished in the same way and receive the same damages or compensation for any injury they may sustain.

Equality is assured in making a decision to get married and in the choice of marriage partners. Marriage cannot take place without the free and complete agreement of both man and woman.

Both men and women are equal partners in sharing responsibilities in their home. As Prophet Muhammad (peace be upon him) clearly states: “A man is a shepherd in his home, and a woman is also a shepherd.” [Related by al-Bukhari and Muslim.] The Prophet himself used to “mend his shoes, repair and sew his garments.” [Related by al-Bukhari in al-Adab al-Mufrad.] He also “attended to the needs of his household.” [Related by al-Bukahri.] In their home where peace and feelings of mutual love and compassion prevail, the husband and the wife give good counsel to each other and determine all their family affairs on the basis of consultation and mutual care.

And Islam gives men and women equal rights to attend congregational worship, social occasions and any worthwhile gathering.

These are only some examples of the equality of men and women under Islamic law, which were put into practice by Prophet Muhammad (peace be upon him).[11]

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In order to make equality equitable Islam takes special care of women in certain areas, particularly those related to physical and mental health. Women have been favoured by God as He assigned to them the supervision of the future generation. As women will inevitably experience their biological role of pregnancy and childbirth, which is described by God as an experience of ‘weakness after weakness’, they need to receive full health care. This means that right from her early childhood, a girl should have proper nutrition. She must never, at any stage of her life, particularly during her youth and physical development, be compelled to undertake any work that undermines her health or causes her any physical impairment. For all this, God has honoured men by requiring them to take full care of women, indicating the reason for that by saying: “Men shall take full care of women with the bounties with which God has favoured some of them more abundantly than others.” (4: 34)

In the Arabic of the Qur'an, this means that in certain ways or bounties women are more favoured than men while in others men are more favoured. All these bounties are related to human nature, which means that neither men nor women are less favoured. They are thus created, and such is their nature. To illustrate I cite the case of Aishah, the Prophet’s wife and the mother of all believers. She started her menstrual period when she was on her journey to do the pilgrimage. The Prophet found her very distressed as she felt that she might not be able to perform her pilgrimage duties. When he confirmed with her the cause of her distress, he said to her: “Aishah, this is something God has made as part of women’s nature.” Thus, it is nothing to be ashamed of. Needless to say, a woman who has her period during the pilgrimage can easily fulfil all the requirements of her pilgrimage, even though she must adjust the timing of fulfilling one or two of her duties. On the other hand, it is not permissible that one person should envy another for what God has granted him or her of talent or instinctive quality: “Do not covet the bounties God has bestowed more abundantly on some of you than on others.” (4: 32) This applies in equal measure to both sexes.

We need to speak about the meaning of the verse in which God describes men as qawwamoon over women. What does this description signify in the language of the Qur'an and the hadith? A basic rule in understanding the Qur'an is to look at the ways in which it uses the same words and phrases in different verses. This process is known as ‘explaining the Qur'an by means of the Qur'an.’ Describing His book, God says that it is “fully consistent within itself, repeating statements in manifold forms.” (39: 23) This means that we can make use of such consistency and similarity to explain one verse by reference to another. The same applies to the hadith, which is another form of divine revelation. Thus we can understand the concept of qawwamoon, used in the Qur'anic verse by reference to the hadith that states: “A section of my community will continue to take full care of God’s bidding until what God has ordained shall come about when they are triumphant.” [Related by Ibn Majah.] The hadith uses the same Arabic word, with appropriate inflection, qawwamah in expressing the role of this group as ‘taking full care’ of God’s faith, ensuring that it remains free of distortion and helping in its implementation.

This is the concept mentioned in the verse speaking of men and women which, correctly translated, reads: “Men shall take full care of women with the bounties with which God has favoured some of them more abundantly than others.” (4: 34) This means that it is men’s duty to take full care of women, ensuring that they have what they need and they are comfortable in their life. This is so, because God has favoured the woman with pregnancy and giving birth to children. Hence, He favours her with imposing a duty on the Muslim community to take care of her from the time of her birth, ensuring that she enjoys good health. Hence, she should be well nourished and nurtured. Any contrary situation should be rejected. One such unacceptable situation is that which involves forcing a woman to work for her living. A woman may work when she finds that she is able to do so. Hence, God has honoured men by charging them with taking full care of women, providing them with what they need. Thus, the woman does not have to bear the difficulties of life. This is expressed by the Prophet as he says: “It is their [i.e. women’s] right that you should provide them with food and clothing, in accordance with what is reasonable…” [Related by Muslim.]

At the time of making the marriage contract, the man makes a symbolic gesture presenting the woman with her dowry, to indicate his readiness to take full care of her. The woman may subsequently make a counter gesture should she wish to leave her husband. She refunds him the dowry when she seeks khul‘, which denotes ‘the termination of the marriage at the wife’s request’. She thus relieves him of his responsibility, refusing that he should take care of her. Ibn Rushd says: “Just like God has given the man the right to divorce if he dislikes his wife, He has given the woman the right to khul‘ if she dislikes her husband.”

I wish to make another observation concerning this verse. God does not limit this duty to husbands. He does not say that ‘husbands shall take full care of their wives’, but He makes it a requirement of all men and a benefit of all women. Thus, an unmarried woman must be taken full care of by her father or brother or other relatives. This is a responsibility to be fulfilled by the male sex in society. If there is a case of failure due to particular circumstances, the whole community is responsible to take care of the woman concerned. We realize then that God has favoured women by assigning them the duty of taking care of the future of humanity, while men look after the present. Needless to say, the future is more important than the present. Hence, God has given men the duty of taking full care of women, meeting their needs, so that women should have the best possible situation to fulfil their role of looking after the future of mankind.

A statement in the Qur'an mentions a step or an advantage given to men. This occurs in a long verse that includes the following statement: “Women shall, in all fairness, enjoy rights similar to those exercised against them, although men have an advantage over them.” (2: 228) This advantage, or step as the relative Arabic term darajah literally means, may signify – but God knows best – that women are entitled to have psychological care when needed. In his commentary on the Qur'an, Imam al-Tabari mentions several reports before making the following conclusion: “Perhaps the best of these views is that expressed by Ibn Abbas which denotes that this step means that the man should graciously overlook his wife’s failure to do some of what she is required to perform while he continues to do all that he is bound to do towards her. The point is that God says, ‘men have an advantage over them,’ immediately after saying, ‘Women shall, in all fairness, enjoy rights similar to those exercised against them.’ … He thus enjoins men to rise to a more advantageous position should women fail to meet some of what God has required them to do… Although the Qur'anic statement is phrased in the informative mood, it denotes an encouragement to men to take this advantage so that they would have the reward of an additional step.”

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Another example that may be cited in giving preferential treatment to women is the waiting period Islam requires a woman to observe after her husband’s death, or when she is divorced. The waiting period is in fact intended to ensure that the woman is honourably treated. Take the case of a woman whose husband dies and his house is taken over by his relatives, in accordance with the rules of inheritance. Those relatives of his may force her to leave home the following day. This was the prevailing situation in pre-Islamic days. When God laid down Islamic legislation, He said clearly of such women: “Do not drive them out of their homes.” (65: 1) He also says: “Those of you who die leaving their wives behind, shall bequeath to their wives provisions for one year without their being obliged to leave [their deceased husbands’ homes].” (2: 240) What is implied in both verses is a definitive rule concerning one of the woman’s matrimonial rights that remains valid for a whole year, during which a woman can sort out her situation, taking up a new home and making her arrangements with ease. Thus, her dignity is maintained. However, she has the right to leave that home if she so prefers: “Should they leave home [of their own accord], you shall incur no sin for what they may do with themselves in a lawful manner.” (2: 240) By contrast, a widower whose wife was the owner of their home and it is inherited by her relatives can be forced out the following day by the new owners and he cannot make even a word of protest.

Yet another example of the preference Islam gives to women is that a woman must never be compromised or made to suffer defamation merely because she might have done something her husband or community considers to be unbecoming. Hence Islam provides her with a way out should such deviant behaviour take place. We find this in what the Prophet said in his farewell speech during his pilgrimage, which means that it belongs to what the Prophet said only a few weeks before his death: “Take good care of women, for they always look after you, and you have no authority over them… unless they perpetrate a clear act of gross indecency. Should they do that, [i.e. only in such a situation], you may admonish them, then leave them alone in bed, then beat them, provided that your beating is not too painful.” This hadith gives us an insight into the meaning of the Qur'anic verse which says: “As for those women from whom you have reason to fear rebellion, admonish them [first]; then leave them alone in bed; then beat them.” (4: 43) Imam al-Shawkani says: “The apparent meaning of the above hadith is that leaving a woman alone in bed or beating her is only permissible should she commit a clear act of gross indecency, and not for any other reason, while the order to refrain from beating women is expressed in general terms in the hadith that says, ‘Do not beat God’s female servants.’”[12]

These three graded measures to which a man may have recourse ensure that the whole problem should remain within the home. The husband should not be hasty with his wife denouncing her among his or her relatives, or in court, or in any other way. Should the problem be sorted out as a result, well and good. The past could then be forgiven. It should be remembered that these measures are applicable only to women. They do not apply to a man who might have perpetrated a gross indecency. In such a case, the first attempt to sort out the problem is to refer it to a family committee: “If you have reason to fear that a breach may occur between a (married) couple, appoint an arbiter from among his people and an arbiter from among her people. If they both want to set things aright, God will bring about their reconciliation. (4: 35) Recourse to such family committee represents, in the woman’s case, the fourth stage of seeking a peaceful outcome. This is one of women’s privileges under Islamic law.

*          *          *

Having spoken about language and religion, we need to cast a glance at traditions and how they affect the status of women.

 

Women continued to enjoy a respectable status in the Muslim community, enjoying full equality with man throughout the rule of the four rightly-guided Caliphs and the first part of the Umayyad period. But later in the Umayyad period and early in the Abbasid reign, there was a great influx of new Muslims who brought with them certain aspects of their own cultures. Needless to say, culture relies considerably on social traditions. God says in the Qur'an: “When it is said to them, ‘Follow what God has revealed’, they say, ‘No; but we will follow only what we found our forefathers believing in.’” (2: 170) Following in the footsteps of forefathers is indeed the essence of tradition, and it is clearly apparent that it is stronger than faith.

When such traditions crept into Islamic society, bringing in diverse trends from other cultures, the direction of that society began to change. There is no doubt that Muslim society was enriched by a diversity of cultures, Nubian, Coptic and Barber in the west, and Syriac, Greek, Persian and Indian in the east. All these trends interacted and enriched the common Islamic civilization. Muslims benefited by all these because ‘wisdom is the pursuit of a believer, and wherever he finds it, he has the first claim to it.’ Muslims were certainly very receptive of the best that such cultures could offer. While this was a great gain, it also involved importing some practices and concepts that are solidly based on traditions but are in conflict with Islamic teachings. Such traditions were soon able to establish themselves in Muslim society. Some scholars went as far as trying to find justification for them and incorporating them within Islam. Numerous are the examples that can be given in this respect.

When Persians embraced the divine faith of Islam in large numbers during the early Abbasid period, they did so on the basis of conviction and with good intention. However, they brought with them some elements of their Zoroastrian culture which looked down on women and deprived them of their rights. This was universally known at the time. Such male chauvinist thought that is characteristic of the Zoroastrian culture derives from its legend on the beginning of creation. It speaks of a supreme Lord who is addressed in worship as he is the source of wisdom. From him twin spirits came into existence: one, Spenta Mainyu, chose truth and light and the other, Angra Mainyu, chose untruth and darkness. These two spirits represent the Supreme Deity’s ability to create, but they are the ones who create the world. In this process the good spirit creates goodness while all that is bad and evil is created by the other spirit. A permanent conflict rages on between the two until final victory is achieved by the good spirit.

A later version was started in some parts of Western Iran came to be known as Zarvani, or neo-Zorastrianism in which the two distinguished aspects of the creative attribute of the supreme deity are seen as two separate deities, with the Ahura Mazda, by now called Ormizd, being himself the creator of good and Angra Mainyu, or Ahriman, the creator of evil. This later version of Zoroastrianism makes Ahriman, the evil spirit, very powerful and in practically full control of the world. However, like all such powers, he needs means and tools to exercise his authority and impose his will. Neo-Zoroastrianism makes the sexual desire, epitomized in the woman, his main tool to seduce good people and divert them from their good ways. In old Zoroastrainism, the woman was part of the good world, created by the spirit of truth and light, but she was transferred in Zarvanism to the realm of evil to serve Ahriman’s purpose of spreading evil. Indeed under this new version, the woman’s position was even worse as she was thought to have originated in the realm created by the evil spirit. Thus, the woman, the symbol of tempting sexual desire, was always manipulated by the evil spirit, ever since she tempted the first man. She has continued to do so ever since.

When Islam spread into Iran, the true faith soon took roots. However, local traditions continued to shape the communal mentality, manifesting themselves in different ways. Thus, the woman continued to suffer under a concept that places her solidly in the domain of evil. Since she was the medium for spreading corruption and vice, then she should be kept in an inferior position, humiliated and looked upon with contempt, so that she should not tempt man into sin.

Unfortunately, a number of Muslim scholars in the Abbasid period began to be influenced by this traditional outlook, importing such concepts into Islamic Fiqh rather than the shari’ah itself. Hence, we find in traditional Fiqh many borrowed elements that blame the woman, making her the cause of man’s fall into sin and his deviation from the right path, and assigning to her the original role of seduction and temptation. It is our duty to combat such concepts and purge Islamic society from them. This is how emphasis was placed on the Arabic term fitnah. In the Arabic of the Qur'an, this term has six meanings: ‘test; depriving a person of his freedom; persecution; encouraging dislike; admiration; and tempting someone away from the right path.’ The woman was permanently linked with such temptation, which is akin to the teaching of Neo-Zorastrianism or Zarvanism. Such are the origins of the great deviation in Muslims’ outlook concerning women. It came later to influence the interpretation of religious texts.

The proper attitude we should adopt is that explained by Imam Ibn Taymiyah: “When Islamic law forbids imitating non-Arabs, the prohibition includes imitating non-Arab Muslims who do not follow the example of the early generations of Muslims. The same applies to the term Arab Jahiliyyah which denotes the beliefs and practices that prevailed in Arabia before Islam, some of which have been revived by many Arabs.”[13]

*          *          *

Such was the situation in Muslim communities. In the end, women were in no better position. Women endured injustice, humiliation and exclusion in great measures, leading eventually, and by natural social process, to extremism in the opposite direction.

It was natural at first that certain movements advocated fairness in the treatment of women so that all injustice could be removed. This trend came to be known as Women’s liberation. But this gave way to more extreme trends, some of which considered women’s biological constitution to be responsible for much of the injustice that women had suffered. This we see clearly, for example, in Simone de Beauvoir’s reference to child bearing as ‘the slavery of reproduction’.[14] She thus considered human reproduction, beautiful and enriching as it is, to be a form of slavery, limiting women’s freedom.

That was the first step towards making a complete break between sexuality and reproduction. The second and most decisive step was the manufacture of the contraceptive pill by Gregory Pincus in 1965.[15] With the pill, the Western woman was able to exercise her freedom in enjoying unrestricted sex, feeling that she was the one to decide whether to have a child or not. Further developments, such as in vitro fertilization, made the break between sexuality and childbearing total. Since the social biological function of reproduction has been split from the individual one of sexual pleasure, it was only to be expected that further steps would be taken to promote sexual permissiveness. This meant that the woman’s body was used as a commercial and marketing agent. We need only look at press advertisements and television commercials to see a full picture of such usage. Beauty contests, fashion shows and similar activities go much further in revealing women’s bodies before all spectators.

We see how traditional feminism gave way to liberal feminism, only for a new trend that is now known as gender feminism to gather force and become very active. This new trend aims to abolish all types of distinction between men and women, regarding these as artificial, be they physical and biological or social distinctions, or ones that assign different roles to men and women on the basis of their different biological make-up.

*          *          *

This trend felt the need to have a brand new term to refer to this new creature which carries no distinction between males and females, as its advocates maintained, except for their respective sexual organs. Hence, they retained the word sex to denote this difference. The irony is that in English they could only find a word used to denote complete distinction between male and female. Thus they plucked the word ‘gender’ out of context and deprived it of all its former connotations in order to give it a neutral sense.

This new term started its life cycle as a product of the new world order during the Conference on Population and Development held in Cairo in 1994. The term was used about 50 times in the basic document of the conference. With its newly acquired connotations, the term ‘gender’ was later used extensively in the basic document of the Beijing Conference on Women held in 1995, where it occurs more than 130 times. There was, however, inconsistency in its usage, making it denote ‘both sexes’ in certain cases, or ‘women’ in others, while it meant ‘the roles and qualities of the two sexes’ in a third set of cases. In fact, the title of this basic document, ‘Remoulding the World from Women’s Perspective’, (?) and the multiple meanings referred to by the term ‘gender’ caused much uneasiness among a number of delegations which demanded that the ambiguity should be cleared. The Conference Secretariat formed an ad hoc committee to define and explain the term ‘gender’. This committee reported on 7 July 1995, offering a comic definition stating that “the term ‘gender’, as used in the document of the Conference on Women should be understood in the same ‘ordinary’ way it has been used in previous conferences and seminars held by the UN. There are no new connotations given to this term in the present document.” Thus they actually evaded the task of defining the term, which similarly was neither defined nor explained in previous meetings.[16]

When this new term needed to be expressed in other languages, a problem of translation occurred. French, Spanish and other Latin languages translated ‘gender’ as ‘sexospécifité’, because there was no Latin word that corresponds to ‘gender’. Hence, they coined a word that expresses what they thought it to denote. The same may be said about translating it into Arabic. Some writers and translators used al-naw‘ al-ijtima‘i, which means ‘the social kind’. This usage is highly problematic, because we speak about ‘mankind’ or the ‘human kind’, and if we were to use the term that means ‘the social kind’ then this may give an impression that women are different from mankind. Hence, this term must never be used as an equivalent to ‘gender’. Other people have been using the phrase al-jins al-ijtima‘i, which means ‘the social sex’, while others are expressing it as khasa’is al-jinsayn, which means ‘the specific characteristics of the two sexes’, which is more or less a translation of the term ‘sexospécifité’. Some writers have derived from the root denoting sex a new word, junoosah, following the same form as dhukoorah and unoothah, meaning masculinity and femininity respectively. Others, on the other hand, have imported the word ‘gender’ as it is and added it to Arabic vocabulary.

*          *          *

What is the Islamic attitude with regard to gender?

Islam draws clear distinction between three separate areas: 1) biology; 2) social and public activity; and 3) the family.

With regard to biology, the distinction between male and female is absolutely clear with regard to genes, anatomy and hormones. In all these we see that a woman is totally different from a man. Femininity in this respect is a bequest given with a whole range of potentials and talents that may be developed or neglected. Here upbringing plays a vital role at the family, local community and society levels.

The gender concept advocates that all biological differences between man and woman are artificial and should be discounted together with all psychological and social differences based on them. Yet human experience shows this view to be wrong, particularly when we look at things from a broad, rather than a narrow perspective. Let us take emotion as an example. It is true that in its origin, the woman’s emotions are the same as the man’s. But the two are certainly different in the scope of their emotions, in volume, flow and ways of expression of emotion, both in the case of initiation and in that of reception. This state of affairs has led to an unresolved dispute with one party making hard endeavours to deny this fact, asserting that the whole question of emotion is the product of family and social upbringing. The opposite party makes the emotional distinction between man and woman the basis of a strict division of social roles. According to this party, women should only work in the areas that suit their feminine nature, such as teaching, nursing and medicine. Any employment that requires intellectual activity is deemed ‘naturally unsuitable’ to women!

Despite the apparent conflict between the two parties, both look at emotion as derogatory, or at least as something lower than intellect. Some see it as a shameful thing that they would love to disown, while others want women to resign themselves to it as their apportioned lot, accepting the role given to them on its basis. But this is a mistaken outlook. Emotion is by no means lower than intellect. New trends in psychological research show that there can be no mature intellectual thought without warm feelings and emotions. The reverse is also true. That women are emotionally different from men does not mean that women have a lower intellectual capacity, with all that entails of role assignment to both men and women. What it means is that a woman differs from a man in the way she looks at things and appreciates them. When we make proper use of this fact, it enriches social activity instead of excluding women from it.[17]

*          *          *

In the second area of social and public activity, the equality of men and women is complete. Distinction may be made only on the basis of equal opportunity and competence. It is unfair that a woman is barred from any activity she wants to perform and feels able to undertake under the pretext that it is incompatible with feminine nature. The argument to be made is whether this particular activity is suitable to the particular woman who wants to do it, and whether she fulfils its requirements? What is unsuitable for one woman may suit another. A particular activity may not suit a certain woman at a particular period of her life, while it could be highly suitable to her at an earlier or later stage. The same argument applies in the case of a man as well. 

Many people cite the Islamic dress code, which is often referred to as the hijab, and approvingly or disapprovingly exaggerate its significance. A piece of cloth, one metre in length, dominates our discussions, to the exclusion of more important and constructive issues we need to address. The issue here is that God has ordered both man and woman to work, which means that a woman is allowed to have a regular job, outside her home, but He has made certain rules for her going out, making a distinction between what is appropriate at home and what is appropriate outside. What we need to understand here is that when a man goes out to work, he does so as a human being, not as a male. Likewise, when a woman goes out to work, she should do so as a human being, not as a female.

Thus, when a woman covers some aspects of her femininity, observing a dress code that makes certain requirements, she actually emphasizes her humanity which becomes the basis of her interaction with society. As such, she demonstrates her absolute equality with man, competing with him on the basis of equal opportunity, personal competence, talent and abilities. If femininity, charm, beauty are allowed into play, then fairness, equality and competence are placed at a great disadvantage.

The detailed dress requirements of both man and woman are made by the local community, provided that, in the women’s case, two conditions are met: that a woman should cover her physical charms as appropriate and that her attire should be pleasant. In the Qur'an, God refers to clothes as zeenah, which we normally translate as ‘adornment or charms’, but in this sense means ‘smart’. He says in the Qur'an: “Let them not display their charms except what may ordinarily appear thereof.” (24: 31) We understand from this that what appears of our clothing should be decent and smart. Such adornment does not mean black or white, but means other colours such as red, green, yellow and blue. Muslim women used to wear such colours during the time of the Prophet.

During the Prophet’s only pilgrimage, known as the farewell pilgrimage, he ordered all his companions who were not committed to perform their pilgrimage in the qiran method, which combines the pilgrimage and the umrah (i.e. mini-pilgrimage) in performing the same rituals to release themselves from the state of consecration by performing their duties in the tamattu’ method, which involves doing the umrah first and then doing the pilgrimage on its own at the appropriate time. This relaxes the restrictions on the clothes they were, the prevention of using perfume, and some other restrictions. Ali ibn Abi Talib, the Prophet’s cousin and son-in-law was in Yemen and he travelled to join the Prophet on this farewell pilgrimage. When Ali arrived and joined his wife, Fatimah, the Prophet’s youngest daughter, he found her wearing a colourful dress and some make up, which is the normal situation. He felt that this was not appropriate as she was on pilgrimage. Hence, she replied to his questions by saying: “My father [i.e. the Prophet] ordered me to do so.” He went to the Prophet and reported the incident, but the Prophet told him: “What she said is certainly true.”

Another hadith mentions that Subay‘ah al-Aslamiyyah gave birth a few days after her husband’s death. When she finished her postnatal discharge and purified herself she put on her adornment, hoping to be sought in marriage.” [Related by al-Bukhari and Muslim.] Another version of this hadith related by Ahmad mentions that “she used kohl and other forms of make up.” Aishah reports a hadith in which the Prophet says in reference to Usamah ibn Zayd, who was very dear to him: “Had Usamah been a girl, I would have adorned her so that she is married.” [Related by Ahmad.] Such was the normal situation which we need to emulate. It is certainly inappropriate that men and women should appear only in two colours: one sex wearing black and the other wearing white.

Indeed the Prophet and his companions considered a woman’s abstention from adorning herself to indicate her dissatisfaction with her marital situation that may result from her husband’s failure to fulfil his physical duty. Aishah reports: “Uthman ibn Maz‘oon’s wife used to wear make-up and perfume, but then abandoned that. She came once to me… and I asked her what was wrong. She said: ‘Uthman cares nothing for anything in the world including women.’” Another version of this hadith mentions that “the Prophet met him and said: ‘Uthman! Are you not required to follow my example?’ When Uthman acknowledged that, the Prophet told him: ‘I do this, and I do that… Certainly your wife has rights which you should fulfil.’ The woman subsequently came to them wearing perfume, as if she was a bride. When she was asked what happened, she said: ‘What happened to other people has happened to us.’” [Related by Ahmad.]

The Prophet established a bond of brotherhood between Salman and Abu al-Darda’. One day Salman visited Abu al-Darda’ and found his wife wearing a plain dress. On asking her the reason, she said: ‘Your brother, Abu al-Darda’ has no use for anything in the world.’ When Abu al-Darda’ came in, Salman said to him: ‘Your Lord has a right against you; and your wife has a right against you, and your body has a right against you. Give each their rights.’ Abu al-Darda’ went to the Prophet and mentioned this to him. The Prophet said: ‘Salman is certainly right.’” [Related by al-Bukahri.]

*          *          *

In order to outline women’s social and public role we need to refer to the Qur'an and the sunnah. This will help us in establishing a Muslim’s role, male or female, in building life on earth and promoting human society. The first statement we should consider is the Qur'anic verse: “The believers, men and women, are friends to one another: they enjoin what is right and forbid what is wrong.” (9: 71) The first thing we note is this friendship. Indeed the word ‘friends’ fails short of conveying the full meaning of the Arabic term awliya’ used in the verse, which is a bond between all believers, males and females, reflected in their mutual cooperation, solidarity and readiness to help one another in every way. This is clearly explained in the hadith that says: “In their mutual friendliness, compassion and care, believers are like one body: when any organ suffers a complaint, the rest of the body will respond with sleeplessness and fever.” [Related by al-Bukhari and Muslim.]

Thus, every Muslim, man and woman, is supposed to bring benefit to their brethren, doing their best to ensure what serves their mutual interests. Islam does not permit that a Muslim, man or woman, should remain idle or negative. Indeed it deprives anyone who does not care about others of his basic quality of being a Muslim: “Whoever does not care for Muslims does not belong to them.” [Related by al-Tabarani.]

Islam requires every Muslim, male and female, to prove at least once a day, his or her belonging to the Muslim community by undertaking at least one civilized action, which it calls sadaqah. By its very connotation, sadaqah provides true evidence of the individual’s belonging to the civilized Muslim community. Hence, the Prophet says: “Sadaqah is a proof.” [Related by Muslim.] Issuing a general directive to all Muslims, the Prophet says: “It is an incumbent duty for everyone to fulfil a civility (sadaqah) every day the sun rises.” [Related by Ahmad.] The Prophet gives a full clarification, indicating the numerous aspects of civility (sadaqah) in the Islamic sense. He said: “Among the ways of civility (sadaqah) are … enjoining what is right and forbidding what is wrong; removing a thorn, a bone or a stone from people’s passage way; guiding a blind person; helping a deaf or a deaf-mute person to understand; giving directions to someone who wants something you know where to find; rushing to provide help to someone appealing for urgent assistance; helping someone to lift something that is too heavy for him… All these are aspects of civility (sadaqah) you bestow upon yourself.”

In another version the Prophet says: “Turning to your brother with a smile on your face is a civility (sadaqah); enjoining what is right and forbidding what is wrong is a civility; giving directions to someone who has lost his way is a civility; helping a person with poor eyesight through his difficulty is a civility; removing a stone, thorn and bone from people’s pathway is a civility; and pouring water out of your bucket into your brother’s bucket is a civility.” [Related by al-Tirmidhi and al-Bukhari in al-Adab al-Mufrad.]

In a third version the Prophet says: “Every kind word is a civility; a help provided by one person to another is a civility; a drink of water given to someone is a civility; and removing harmful objects from people’s passage is a civility.” [Related by al-Bukhari in al-Adab al-Mufrad.]

*          *          *

With such a long list of civilities, or sadaqah, and good actions, we see in front of our eyes a bright picture drawn by the verse that says: The believers, men and women, are friends to one another: They enjoin what is right and forbid what is wrong.” (9: 71) We can thus see the importance of all believers, men and women, exercising their duty of enjoining what is right and forbidding what is wrong. This means enjoining what promotes the interests of the individual and the community and forbidding what undermines them. If we add here what we have already said about how this duty should apply in our contemporary world, the image of the good society Islam advocates becomes even clearer, particularly as we broaden the concept of the interests of society.

Muslim women, like Muslim men, are required to fulfil a long list of collective duties, some of which we have already mentioned. It is not by coincidence that faith is frequently linked with good action in the Qur'an. Being a true believer cannot be based on wishful thinking, but it is something deeply ingrained in one’s mind and confirmed by good action: “It may not accord with your wishful thinking, nor with the wishful thinking of the people of earlier revelations. He who does evil shall be requited for it, and shall find none to protect him from God, and none to bring him support. But anyone, be it man or woman, who does good deeds and is a believer, shall enter paradise and shall not suffer the least injustice.” (4: 123-124)

First of all, women have a very important role in health education, which is a kind of enjoining what is right and forbidding what is wrong. We have already mentioned some right and wrong practices in the sphere of health, highlighting breast-feeding and immunization as rights and smoking and pollution as wrongs. But the list of rights and wrongs in this area is very long indeed. Women are the ones best qualified to exercise a role of promoting right and combating wrong in the health area.

Similarly important is women’s role in nutrition. It is the woman indeed who provides nutrition for the world. It is beyond the scope of this paper to speak about the woman’s role in food production, which is vital indeed according to the reports of the UN Food and Agriculture Organization. We only need to refer to her role in choosing her family’s food and preparing it in accordance with the best healthy practices. The woman also explains to others in society the necessary elements of healthy nutrition, and directs them to observe health standards in preparing food, its safety and proper storage. More important than all this is the woman’s role in ensuring that her children develop healthy food habits.

Women play a leading role in children’s immunization. May I cite the case of Afghanistan as an example. We in the World Health Organization only needed to broadcast through the radio an invitation to Afghan women to bring their children for immunization. These Afghan women, who are often wrongly described as backward, responded in a way none of us could have expected. They came in large numbers, bringing their children to immunization centres, so that the coverage ratio was soon on a par with developed countries, despite the fact that Afghanistan was still in a state of war.

It is often the woman that ensures the provision of drinking water for her family. She often has to carry water for long distances. She also trains her family to observe proper standards of hygiene and waste disposal.     

Moreover, it is women who provide care for other women who are pregnant and breast-feeding and take care of young children. They are the ones who provide first aid when children are involved in accidents, and decide whether she or anyone in her family should have recourse to health services.

Furthermore, it is the woman who undertakes the management of treatment of numerous cases of ill-health that may not need to be referred to a doctor, such as headaches, constipation, diarrhoea, throat infection, colds, slight temperature, etc. She is the one who takes the necessary precautions to protect other family members and prevent further infection.

She is the one who administers medication to her sick family members, and ensures that medicines are kept away from heat and dampness, and out of the reach of children.

She does all this, but we have not mentioned anything about the woman’s role as a doctor, nurse, health visitor, or professional worker in a health centre or facility.

*          *          *
   
Many a well meaning person feel worried that when women undertake this sort of social activity God requires her to do, they actually imitate others whose societies suffer from loose morality and social disintegration. To these we will quote Imam Ibn Taymiyah who says: “What we are forbidden is to imitate them in such things as were contrary to the practices of the early Muslim generations. What those generations did is perfectly acceptable, whether such people do or omit to do it. We must not refrain from doing what God has ordered simply because unbelievers do it.”[18] A similarly valuable remark is stated by Imam al-Izz ibn Abd al-Salam: “The order not to follow the unbelievers’ example is limited to those of their practices that are in conflict with our faith. As for their practices that are in agreement with what is required, encouraged or permitted in our faith, these we cannot omit because they do it. Islam does not forbid us to emulate those that do what God has permitted.”[19]

It is not to be assumed that when a woman undertakes a job in her home or community, this is bound to be at the expense of her children’s upbringing. The practice of Muslim women during the Prophet’s lifetime indicates otherwise. Asma’ bint Abi Bakr says: “Al-Zubayr married me when he had no property, slave or anything in the world other than a camel used for carrying water, and his horse. I used to feed his horse, fetch water, mend his pail, and make the dough… I also carried over my head date stones from the plot of land the Prophet gave him, which was a long distance (nearly 3 kilometres) from where I lived… Then my father sent me a servant to take over feeding the horse. It was as if he freed me from slavery.” She, a noble companion of the Prophet, did all this work. Can anyone suggest that because of her work she neglected the upbringing of her two sons, Abdullah and Urwah?

*          *          *

The family, which is the third area Islam distinguishes in its attitude to the gender issue, is the basic unit of society. If it is sound and wholesome, the society is stable and strong. This basic social unit begins to take shape with marriage, which is a tradition laid down by God’s messengers. God says: “We have indeed sent messengers before you and given them wives and offspring.” (13: 38) Prophet Muhammad has encouraged marriage and enjoined his followers to be married, saying: “Marriage is part of my tradition. Whoever abandons my tradition does not belong to me.” [Related by Ibn Majah.] He also said: “I marry women. Whoever turns away from my practice does not belong to me.” [Related by al-Bukhari and Muslim.] Addressing the young among his community, the Prophet said: “O you young people! Whoever of you has the wherewithal should get married.” [Related by al-Bukhari and Muslim.] Perhaps it should be explained that the address is made to all young people, men and women, and that ‘the wherewithal’ includes physical, psychological and financial ability. The Prophet also orders his followers not to turn away from marriage,[20] and he said: “I have not been ordered to encourage celibacy.” [Related by al-Darimi.]

According to Islam, marriage is not merely an individual duty; it is also a duty of the Muslim community. God addresses the Muslim community saying: “Marry the single from among you.” (24: 32) However, Islam requires those who are unmarried to preserve their chastity until they are able to get married: “As for those who are unable to marry, let them live in continence until God grants them sufficiency out of His bounty.” (24: 33) The point here is that Islam considers choosing celibacy and refusing to facilitate marriage a means leading to corruption. This is clear in the hadith that says: “If someone whom you find acceptable with regard to his strength of faith and trustworthiness comes to you seeking marriage, accept his marriage proposal. Unless you do, there will be oppression on earth and much corruption.” [Related by Ibn Majah.]

This basic social institution, the family, is given important status and viewed in high regard. Thus, it is regulated through a formal contract, or pledge which God describes by saying: “They (i.e. your women) have received from you a most solemn pledge.” (4: 21) In reference to the marriage contract, the Prophet says: “Fear God in your treatment of women; for you have taken them according to God’s trust.” [Related by Muslim.] This contract is regulated with well defined conditions in accordance with clear and definitive laws. It remains, however, a simple contract that is free of complication. The Prophet said to a certain man: “Do you agree that I marry you this woman?” [The Prophet named her.] When the man agreed, the Prophet asked the woman whether she agrees to marry the man, and she expressed  her consent. He married them, and the man consummated the marriage. [Related by Abu Dawood.]

With the importance Islam attaches to the family, it takes all necessary measures to ensure its success from the physical, psychological, social and sexual points of view.

Islam first defines the desirable qualities of a Muslim wife. The Prophet says: “A woman may be sought in marriage for any of four qualities: faith, lineage, wealth and beauty. Make sure to choose the woman with faith.” [Related by al-Bukhari and Muslim.] The Prophet does not undervalue beauty, wealth or lineage, but he simply emphasizes the importance of the central quality, i.e. faith, without which all else becomes valueless. The Prophet says: “The best of your women is the one who is friendly, gives you children, comfort you when you are in distress, and responds to your needs.” [Related by al-Bayhaqi.] He also says: “The best of women is the one who pleases you when you look at her, obeys you when you give an order, and protects you in your absence with regard to herself and your property.” [Related by al-Tabarani.]

Islam, however, gives top importance to love and inclination. A man came to the Prophet putting the following case: “We have an orphan girl and she is sought in marriage by a very poor man and by a rich man. She is more inclined to the poor one, while we prefer the rich suitor.” The Prophet told him: “Nothing is better for the two who are in love than marriage.” [Related by Ibn Majah.] He often said about his first wife, Khadeejah: “I have been granted her love.” [Related by Muslim.]

Hence, Islam stipulates that a woman should have the freedom to choose her husband and forbids marrying a woman to any man against her will. The Prophet says: “A woman without a husband must not be married unless she gives her consent, and a virgin girl cannot be married unless she gives her permission.” Ibn Abbas reports that “a virgin girl complained to the Prophet that her father had married her to someone while she disliked that marriage. The Prophet gave her the right to choose.” [Related by Abu Dawood.] Khansa’ bint Khidam of the Ansar reports that her father “married her against her will while she had been married before. She complained to the Prophet, and he annulled the marriage.” [Related by al-Bukahri.]

In order to ensure the success of the marriage, Islam encourages that a man should see the woman he proposes to marry. It does not like choosing a wife without first looking at her. The Prophet said: “If any of you proposes to marry a certain woman, and he can see of her what encourages him to proceed with this marriage, he should do so.” [Related by Abu Dawood.] Another hadith mentions the Prophet’s advice to one of his companions: “Look at her, because this could help establish a better relation between you two.” [Related by al-Tirmidhi, al-Nassaie and Ibn Majah.]

Islam also prefers that the age gap between the couple should not be too wide. On separate occasions “both Abu Bakr and Umar proposed to marry Fatimah, the Prophet’s daughter, but he said to them: ‘She is too young.’ When Ali ibn Abi Talib made a similar proposal, the Prophet sanctioned her marriage to him.” [Related by al-Nassaie.]

Another important safeguard is to ensure the health of one’s offspring. This begins with choosing a good and suitable marriage partner, in fulfilment of the Prophet’s directive: “Make a good choice for your offspring.”[21] [Related by Ibn Majah and al-Hakim.] Needless to say, this is something that changes with time so as to make use of the best means to make such a good choice, including the latest medical tests and scientific methods.

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Now we need to ask how does Islam view the sexual relation between husband and wife?

There is no doubt that the continued survival of mankind is one of the essential aims of Islamic law. This is achieved through reproduction within the legal framework of marriage. Thus, child bearing is an important aim of marriage, as indicated in the hadith that quotes the Prophet as saying: “Marry the one who is friendly and who gives you children.” [Related by al-Nassaie and Abu Dawood.] There is, however, another aspect of marriage to which Islam attaches much greater importance, namely legitimate sexual pleasure.

Islam elevates sexual relation between husband and wife very highly so as to make it earn reward for the married couple in the same way as worship. The Prophet says: “Even in sex you have an act of sadaqah.”[22] People asked: “Messenger of God! Are we to be rewarded for the fulfilment of our sexual desire?” The Prophet said: “Is it not true that when someone uses it in a forbidden way, he incurs a punishable sin? Likewise, when he uses it in a legitimate way, he earns a reward.” [Related by Muslim.] He also says: “One of the best things you do is legitimate fulfilment.” [Related by Ahmad.]

It should be remembered that when God made fasting obligatory on believers, He initially required them to abstain from sex if they sleep, even for a short while, after they had ended their fast. Many of the Prophet’s companions, however, found that too hard. Therefore, God revealed the verse that relaxes this rule, stating: “It is lawful for you to be intimate with your wives during the night preceding the fast. They are as a garment for you, as you are for them. God is aware that you have been deceiving yourselves in this respect,[23] and He has turned to you in His mercy and pardoned you. So, you may now lie with them and seek what God has ordained for you.” (2: 187) It is clear that the Prophet’s companions did not deceive themselves in order to have children. This is something that could easily be postponed. They did so for the satisfaction of the sexual urge and to have pleasure. This is a very strong motive, well entrenched in human nature, as evidenced by the Qur'anic verse that says: “Alluring to man is the enjoyment of worldly desires through women.” (3: 14) God graciously responded to them and allowed them sexual intercourse during the night of any fasting day.

Islam has taken every care to ensure that marriage should be successful in meeting the couple’s sexual needs. Jabir reports that the Prophet once asked him: “Have you got married?” When he answered in the affirmative, the Prophet said to him: “When you want to approach your wife, be gentle.” [Related by al-Bukhari and Muslim.] Here we see God’s messenger as “a great educator instructing a newly married young man to be gentle with his wife, resorting to pleasant methods and foreplay, and not to take his wife by surprise.”[24]

Islam also encourages foreplay, flirtation and gentle arousal before intercourse. The Prophet says: “Do not fall upon your wife like a camel, but let there be something going between them.” When they asked what sort of thing, he answered: “Kissing and sweet talk.” [Related by al-Daylami.] He also bids each of the spouses to hold until the other has reached satisfaction: “When any of you makes love to his wife, let him be true to her. If he reaches his climax before her, he should hold on for her until she has reached hers.” [Related by Abu Ya‘la and al-San‘ani.]

In recognition of the strength of the sexual urge, the Prophet says: “When a man wants to take his wife to bed, she must positively respond.” [Related by al-Bazzar.] It is clear that the situation is true in reverse: a man should fulfil his wife’s desire when she makes an express or implicit indication, as God states: “Women shall, in all fairness, enjoy rights similar to those exercised against them.” (2: 228) Indeed Islam encourages positive response to the sexual desire whenever there is need for that. The Prophet says: “If any of you sees a woman and feels sexually attracted to her, let him go to his wife and make love to her.” [Related by Muslim.]

Mutual love and compassion are essential elements in the relation between man and wife. God says in the Qur'an: “And among His signs is that He creates for you spouses out of your own kind, so that you might incline towards them, and He engenders love and tenderness between you.” (30: 21) “It is He who has created you all from a single soul, and out of it brought into being its mate, so that he might incline with love towards her.” (7: 189) This relationship is founded in the moral dimension of Islam which is reflected first and foremost in love and tenderness. Besides, Islam lays strong emphasis on love. Can we imagine that God in His glory descends to the level of man so as to allow a love relationship to flourish between them? In reference to believers, God says: “He loves them and they love Him.” (5: 54) The Prophet considers the first sign that a certain person is a true believer: “that God and His messenger should be dearer to him than anyone else.” [Related by al-Bukhari and Muslim.] In the Qur'an God bids the Prophet to say to all people: “If you love God, then follow me and God will love you.” (3: 31) Such mutual love and intimate relationship which are often overlooked by most people is the essence of the relation between man and God. Christianity expresses it by saying: “God is love.” Among true believers, this love penetrates everything. God bestows His grace on His servants, particularly those who love Him and follow the light and guidance He has revealed, establishing and furthering a bond of love between them all, as He says: “As for those who believe and do righteous deeds, God will certainly bestow love on them.” (19: 96) “In their mutual friendliness, compassion and care, believers are like one body.” [Related by al-Bukhari and Muslim.]

Thus, love between husband and wife is greatly important, although many overlook this fact. While love and mutual inclination are the predominant feelings when they are young, as they grow older, tenderness and compassion take over: “He creates for you spouses out of your own kind, so that you might incline towards them, and He engenders love and tenderness between you.” (30: 21) It is this tenderness that makes each of them easily handle all the faults and stupidities of the other in old age.

All these concepts are solidly established in this bond which ties the couple together. This is what makes the family the essential institution of society. Therefore, when one of them is unfaithful, the crime committed is in no way less than high treason. This is the reason why Islam punishes adultery with death by stoning. At the national level, high treason is a crime punished by the death penalty. By the same token, high treason at the family level is a similarly serious crime.

To ensure stability of the delicate institution of the family, God speaks of three safeguards. The first is the strong emphasis that men should always take full care of women. Many are the hadiths that enjoin that, such as:
·        “Take good care of women.” [Related by al-Bukhari and Muslim.]
·        “Fear God in your treatment of women.” [Related by Muslim.]
·        “I strongly urge you to give their full rights to the two weaker elements: the orphan and the woman.” [Related by al-Hakim.]
·        “The best of you are those who are best to their women.” [Related by Ibn Majah.]
·        “The best one among you is the one who is best to his wife, and I am the best of you to my wives.” [Related by Ibn Majah.]
·        Umar ibn al-Khattab reported: “… We, the people of the Quraysh, used to have the better of our women. When we immigrated to Madinah and lived with the Ansar, we found that their women had the better of them. Our women began to learn some of the ways of the Ansari women. One day I spoke hard to my wife and she objected to me. I was amazed that she should object to me. She said: ‘Why do you wonder that I should object to you? By God, the Prophet’s wives object to him sometimes…” [Related by al-Bukhari and Muslim.] In commenting on this hadith, Ibn Hajar says: “This hadith makes clear that harsh treatment of women is unacceptable, because the Prophet adopted the Ansar’s gentle way of treating their women in preference to his own people’s way.”[25]

The second safeguard is what is known as ‘the bounds set by God’, which He has set so that no one should transgress or even come close to them. We frequently come across this expression in the Qur'an, as in: “These are the bounds set by God, so do not come near them.” (2: 187) “This, so that you might prove your faith in God and His Messenger. Now these are the bounds set by God.” (58: 4) “These are the bounds set by God, so do not transgress them.” (2: 229) “These are the bounds set by God. Whoever transgresses the bounds set by God does indeed sin against himself.” (65: 1) This means that God has set for us the guidelines and set for us the limits that we must keep within, but He gave us the freedom to choose concerning details.

The third safeguard to ensure keeping the family on an even keel is immediate intervention whenever it is ‘feared’ that something might go seriously wrong. About the privilege of marrying more than one wife, the Lord of all the worlds says: “You may marry of other women as may be agreeable to you, two or three or four. But if you fear that you will not be able to maintain fairness between them, then marry only one.” (4: 3) We see here that a mere suspicion that transgression may occur denies the person concerned this privilege, because the matter is too serious to be left until we make certain. God also says: “If you have cause to fear that they would not be able to keep within the bounds set by God, it shall be no offence for either of them if she gives up whatever she may in order to free herself.” (2: 229) In other verses He says: “If a woman has reason to fear ill-treament or desertion by her husband, it shall not be wrong for the two of them if they should try to set things peacefully to rights between them; for peace is best.” (4: 128) “If you have reason to fear that a breach may occur between a (married) couple, appoint an arbiter from among his people and an arbiter from among her people.” (4: 35) Verses speaking in similar terms are in plenty.

Such is the proper relationship that we should promote and maintain between the two sexes, keeping always in mind that the divine address in the Qur'an, as also by the Prophet, is always made equally to both, unless a clear indication makes it otherwise. To my mind, this must always be kept in front of our eyes as we try to define the status of women in Islam and assign to them their role in the family and in society. A woman has a social role that enables her to enjoin what is right and forbid what is wrong: “The believers, men and women, are friends to one another: they enjoin what is right and forbid what is wrong.” (9: 71) We should also reflect on how she could be empowered to fulfil her political role in the best possible way? How has Islam guaranteed her economic independence, giving her full authority over her money and property: “Men shall have a benefit of what they earn and women shall have a benefit of what they earn.” (4: 32) “Men shall have a share in what parents and kinsfolk leave behind, and women shall have a share in what parents and kinsfolk leave behind; whether it be little or much. It is an apportioned share.” (4: 7) This equality, which is full and complete in principle, may take different ways in certain details so as to make it equitable equality. We need to study all this and reflect on it in a proper way so as to grasp the profound concepts it lays down to ensure what is best for mankind in all situations, whether easy and comfortable or hard and difficult. God always says the truth, and to Him we look for guidance.



[1] Mahmood Muhammad Shakir, Risalah fi al-Tariq ila Thaqafatina, Kitab al-Hilal, No. 442, October 1987.
[2] T.S. Eliot, Mulahazat Nahwa Taarif al-Thaqafah; an Arabic translation of ‘On Defining Culture’, by Dr Shukri Muhammad Ayyad, Al-Hay’ah al-Misriyyah al-Ammah lil-Kitab, Cairo, 2001.
[3] Al-Khattabi, Hamad ibn Muhammad, Ma‘alim al-Sunan, Vol. 1, p. 161.
[4] Ibnal-Qayyim, Muhammad ibn Abi Bakr, I‘lam al-Muwaqqi‘in, Dar al-Fikr, Beirut, 1977, Vol. 1, p. 92.
[5] Ibn Hazm, Ali, Al-Ihkam fi Usul al-Ahkam, Dar al-Afaq al-Jadeedah, Beirut, 1980, Vol. 3, p. 80.
[6] Ibid, p. 80.
[7] This hadith is related by Ibn Majah, and mentioned by Ibn Hajar in Fatth al-Bari, which is a voluminous commentary on al-Bukhari’s authentic anthology.
[8] It should be noted that in the Arabic text the address and the reference to Adam and Eve throughout this passage are made in the dual form. In translating it, an attempt is made to reflect this, but it could not be done throughout because English does not have the dual form. Hence, in a few instances, the pronouns used are in the plural form.
[9] This is stated in a hadith related by al-Bukhari and Muslim.
[10] Sultan, Salah al-Deen, Mirath al-Mar’ah wa Qadiyyat al-Musawah or Women’s Inheritance and the Question of Equality, Dar al-Nahdah, Egypt, 1999, pp. 10 & 46.
[11] These remarks about the equality of men and women under Islamic law and teachings are quoted from “Letter to the Women of the World,” by a number of eminent scholars, published on the occasion of the Fourth International Conference on Women held in Beijing.
[12] Al-Shawkani, Nayl al-Awtar, Vol. 7, p. 412.
[13] Ibn Taymiyah, Iqtida’ al-Sirat al-Mustaqeem, p. 162.
[14] Simone de Beauvoir, Le Deuxieme Sexe, Ballimare, 1949.
[15] Pincus, Gregory, The Control of Fertility, Academic Press, New York & London, 1965.
[16] Farag, Amani Abu al-Fadl, Tahrir al-Mar’ah al-Arabiyyah: Falsafat al-Gender Namoodhaja, or Emancipation of Arab Women: A Case Study of the Gender Philosophy.
[17] Abdullah, Ahmad Muhammad, Al-Mar’ah al-Untha wal-Mar’ah al-Insan, or The Woman as a Female and as a Human Being.
[18] Ibn Taymiyah, Iqtida’ al-Sirat al-Mustaqeem, p. 177.
[19] Al-Izz ibn Abd al-Salam, Al-Fatawa al-Mawsiliyyah, p. 23.
[20] This is in a hadith related by al-Nassaie.
[21] Literally translated, the hadith reads: “Make a good choice for your gametes.” It is clear that the implication here is to choose the marriage partner who is most likely to give one healthy children.
[22] Literally the term sadaqah means ‘charity or civility.’
[23] I.e. exposing yourselves to a position of sinful disobedience through sex.
[24] Abu Shuqqah, Abd al-Haleem, Tahrir al-Mar’ah fi ‘Asr al-Risalah, or Women’s Emancipation at the Prophet’s Time, Cairo, Vol. 6, p. 169.
[25] Ibn Hajar, Fath al-Bari, Vol. 11, pp. 193.

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