The Islamic Conception of Women and Their Rights

Picture of Shaykh Muṣṭafā al-Sibāʿī
Shaykh Muṣṭafā al-Sibāʿī

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بِسْمِ اللهِ الرَّحْمَـٰنِ الرَّحِيمِ

In the name of Allah, the Most Gracious, the Most Merciful. All praise belongs to Allah, Lord of the Worlds. Prayers and salutations be upon the Master of the Messengers ﷺ, and upon his family and Companions. There is no power nor strength except through Allah, the Mighty, the Wise.

In the late sixth century CE, amid the enveloping darkness that surrounded the question of women throughout the civilised and uncivilised worlds of that time, a voice from heaven rang out from the Arabian Peninsula: from its dark sands, barren plains, red mountains, and from Makkah itself. It came upon the tongue of Muḥammad ﷺ, establishing the true measure of women’s dignity, granting them their rights in full and without diminution, removing from their shoulders the burden of humiliations inflicted upon them throughout history by the whims of nations, declaring their full humanity and complete legal capacity, protecting them from the frivolity of desires and from being reduced to objects of animalistic sexual gratification, and making them an active element in the advancement, cohesion, and moral integrity of societies.

The reformative principles proclaimed by Islam through Prophet Muḥammad ﷺ concerning women may be summarised as follows:

First: Woman is equal to man in humanity, without distinction.

Allah, Exalted is He, says: ﴾O mankind, fear your Lord, who created you from a single soul﴿ [Qurʾān 4:1].

The Messenger of Allah ﷺ said: “Women are but the counterparts of men.” Narrated by Aḥmad, Abū Dāwūd, al-Tirmidhī, and others.

Second: Islam removed from women the curse with which men of previous religious traditions had branded her. It did not make Ādam’s punishment of being expelled from Paradise arise from her alone, but from both of them together.

Allah, Exalted is He, says concerning the story of Ādam: ﴾Then Satan caused them both to slip from it and brought them out of that in which they had been﴿ [Qurʾān 2:36]. He says concerning Ādam and Ḥawwāʾ: ﴾Then Satan whispered to them both, in order to reveal to them what had been concealed from them of their nakedness﴿ [Qurʾān 7:20]. And He says regarding their repentance: ﴾They said: Our Lord, we have wronged ourselves, and if You do not forgive us and have mercy upon us, we shall surely be among the losers﴿ [Qurʾān 7:23].

Indeed, in some āyāt, the Qurʾān attributes the mistake to Ādam alone, saying: ﴾And Ādam disobeyed his Lord, so he erred﴿ [Qurʾān 33:35].

Islam then established another principle, absolving woman from responsibility for her mother Ḥawwāʾ; and this principle applies equally to both men and women: ﴾That was a nation which has passed away. For it is what it earned, and for you is what you have earned, and you will not be questioned about what they used to do﴿ [Qurʾān 2:36].

Third: Woman is fully qualified for religious devotion, worship, and entry into Paradise if she does good, and she is liable to punishment if she does evil, just like man.

Allah, Exalted is He, says: ﴾Whoever does righteous deeds, whether male or female, while being a believer, We shall surely grant him a good life, and We shall surely reward them according to the best of what they used to do﴿ [Qurʾān 16:97]. He also says: ﴾So their Lord responded to them: I do not allow the deed of any worker among you, male or female, to be lost; you are of one another﴿ [Qurʾān 3:195].

Observe how the Qur’an affirms this principle in the following noble āya: ﴾Indeed, the Muslim men and Muslim women, the believing men and believing women, the devout men and devout women, the truthful men and truthful women, the patient men and patient women, the humble men and humble women, the charitable men and charitable women, the fasting men and fasting women, the men who guard their chastity and the women who guard it, and the men who remember Allah often and the women who remember Him—Allah has prepared for them forgiveness and a tremendous reward﴿ [Qurʾān 33:35].

Fourth: Islam opposed pessimism regarding the birth of girls and the grief felt at their birth, as was the practice of the Arabs and remains the practice of many nations, including some Westerners, as I have personally verified.

Allah, Exalted is He, condemned this evil custom, saying: ﴾And when one of them is given the glad tidings of a female child, his face remains darkened and he is filled with suppressed grief. He hides himself from the people because of the evil of what he has been given as news. Shall he keep her in humiliation, or bury her in the dust? How evil is what they judge﴿ [Qurʾān 16:59]

Fifth: Islam prohibited the burying alive of girls and denounced it in the strongest terms.

Allah, Exalted is He, says: ﴾And when the girl buried alive is asked for what sin she was killed﴿ [Qurʾān 81:9]. He also says: ﴾Lost indeed are those who killed their children foolishly, without knowledge﴿ [Qurʾān 6:100].

Sixth: Islam commanded that woman be honoured: as a daughter, as a wife, and as a mother.

As for honouring her as a daughter, many aḥādīth have been narrated concerning this, including the statement of the Prophet ﷺ: “Any man who has a young girl under his care, teaches her and teaches her well, and disciplines her and disciplines her well…” to the end of the ḥadīth.

As for honouring her as a wife, there are many verses and aḥādīth concerning this, including the statement of Allah, Exalted is He: ﴾And among His signs is that He created for you from yourselves spouses, that you may find tranquillity in them, and He placed between you affection and mercy﴿ [Qurʾān 30:21].

The Prophet ﷺ also said: “The best provision of this world is a righteous wife: if you look at her, she pleases you; and if you are absent from her, she preserves herself and your trust.” Narrated with similar wording by Muslim and Ibn Māja.

As for honouring her as a mother, there are many āyāt and aḥādīth concerning this.

Allah, Exalted is He, says: ﴾And We have enjoined upon man kindness to his parents. His mother carried him with hardship and gave birth to him with hardship﴿ [Qurʾān 46:15].

A man came to the Prophet ﷺ and said: “Who among people is most entitled to my good companionship?” He said: “Your mother.” The man said: “Then who?” He said: “Your mother.” The man said: “Then who?” He said: “Your mother.” The man said: “Then who?” He said: “Your father.” Narrated by al-Bukhārī and Muslim.

Another man came to the Prophet ﷺ and said: “I wish to strive in the path of Allah.” The Messenger ﷺ said to him: “Is your mother alive?” He said: “Yes.” He said: “Remain at her feet, for there lies Paradise.” Narrated by al-Ṭabarānī.

Seventh: Islam encouraged educating women just as it encouraged educating men. The Prophet’s ﷺ statement has already been mentioned: “Any man who has a young girl under his care and teaches her well…”

It is also narrated from him ﷺ: “Seeking knowledge is an obligation upon every Muslim.” Narrated by al-Bayhaqī.

This ḥadīth has become widespread on people’s tongues with the additional wording “and Muslim woman.” This addition is not authentically established as a narration, though its meaning is correct, for the scholars have agreed that whatever a man is required to learn, a woman is likewise required to learn. Ḥāfiẓ al-Sakhāwī said in al-Maqāṣid al-Ḥasanah (p. 277): “Some authors appended to the end of this ḥadīth the word ‘and Muslim woman’, though it is not mentioned in any of its chains of transmission, even though its meaning is sound.”

Eighth: Islam granted woman the right of inheritance: as a mother, as a wife, and as a daughter, whether she is an adult, a child, or even an unborn child in her mother’s womb.

Ninth: Islam regulated the rights of spouses and granted women rights corresponding to those of man, while assigning the man leadership over the affairs of the household—a leadership that is neither despotic nor unjust.

Allah, Exalted is He, says: ﴾And for them are rights similar to those over them, according to what is recognised as good; and men have a degree over them﴿ [Qurʾān 2:228].

Tenth: Islam regulated the matter of divorce in a way that prevents a man from abusing it or exercising arbitrary power in it. It set for divorce a limit beyond which he may not go, namely three divorces, whereas among the Arabs it previously had no fixed limit. Islam also appointed a proper time for pronouncing divorce and prescribed a waiting period for its effects, allowing the spouses an opportunity to return to harmony and reconciliation.

Eleventh: Islam restricted polygyny by limiting it to four wives, whereas among the Arabs and among other nations that permitted polygyny, it had not been restricted to any specific number.

Twelfth: Islam placed woman, before puberty, under the guardianship of her legal guardians, making their authority over her one of care, discipline, concern for her affairs, and development of her wealth—not an authority of ownership, domination, or tyranny.

After puberty, Islam made her fully competent with respect to financial obligations, just like man.

Whoever studies the rulings of Islamic Fiqh will find no distinction between the legal capacity of men and women in the various forms of financial transactions, such as sale, rescission, contractual options, forward sale, currency exchange, pre-emption, lease, pledge, division, evidentiary testimony, acknowledgement, agency, suretyship, transfer of debt, settlement, partnership, muḍārabah, deposit, gift, endowment, manumission, and other matters.

In conclusion, from these twelve principles, we know that Islam granted woman her proper status in three principal domains:

  • The human domain: Islam recognised her full humanity, equal to that of man. This was something that had previously been subject to doubt or denial among most civilised nations.
  • The social domain: Islam opened before her the field of education and conferred upon her an honourable social status at every stage of life, from childhood until the end of her life. Indeed, this honour increases as she advances in age: from a child, to a wife, to a mother, until she reaches old age, when she becomes even more deserving of love, tenderness, and honour.
  • The legal domain: Islam granted her complete financial capacity in all transactions once she reaches maturity, and did not place over her the authority of any father, husband, or head of household in this regard.

And Allah, Exalted is He, knows best.

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