The Rights of Women in Islam [Archives:1999/34/Culture]

Dr. Azza Mohammed Abdo Ghanem 
Professor of Psychology 

Shahwar Hegazi presented a paper (The Child Welfare Association in Cairo) in Istanbul 1997 in a conference on Women in which she said that in 586 A.D. some of the top clergy in Europe met to discuss the issue of women and whether they could be considered as equal human beings to man. It was happily decided that they were human beings, second class citizens created to serve men. Islam came 60 years later to give women rights they had never envisaged. 
In a previous paper I had promised to clarify some misconceptions. I must warn you that my knowledge is tantamount to a drop of rainwater in a huge lake. But let us share that drop. Amongst the most important rights given to women by Islam – that might interest our foreign friends who should get to know the social milieu they are in – are some of the following issues. All I ask is that you read with an open mind and forget your line of reference that you are familiar with. 
Equality in origin: 
“O mankind! Be careful of your duty to your Lord who created you from a single soul and from this created its mate and from both spread a multitude of men and women” Surat Al Nisa – Women V.I 
Equal right to work: 
“And their Lord hath answered them: I will not waste the work, or let it be lost whether of male or female; you proceed one from another.” Surat Al-Imran – The Family of Imran V.195. 
Women have equal rights to work or take a job provided they are decently dressed and not in seclusion with a man to incur temptation. But even if she works, she is not responsible to support the family it is her prerogative. 
Right to Education and learning: 
Women participated in education circles and discussion groups throughout the life of the Prophet (P) e.g. Asma bint Omais, Fatma bint Qais and Aisha bint Abubaker retold the Prophets Hadith for many years. 
Right to inheritance: 
It is half that of the male only in the case of parents death. 
“Allah charged you concerning the inheritance of your children, to the male the portion of 2 females” Surat Al-Nisa – Women V.II. 
But in other cases it is not necessarily so. Females remain the males’ responsibility even after getting their share. Before Islam no woman could inherit from relatives, but rather women were inherited like other possessions. The issue of inheritance needs an article of its own. 
Right to business management and financial transactions: 
These rights became available to women, they could buy and sell, own a business in their name and make goods for sale. 
Rights to a dowry and financial support: 
This is stipulated in the marriage contact so that there will be no argument. This money and gold becomes her insurance in times of need. In addition anything that the husband gives her during the time of living together, she gets to keep. 
Rights to choose or accept a husband: 
A girl must be asked for her consent by her father of alive or next of kin if father is dead. 
Right to give testimony and act as witness: 
“And call to witness from among your men two, or one man and two women”. 
Surat Al Baqarah – The cow V282. 
Some use this as a sign of inequality, but in fact in matters of great delicacy and intimacy such as childbirth, breast feeding maternity etc. a man’s testimony is not accepted and only a woman’s. In murder issues and violent acts it is feared that a woman’s emotional bias might interfere. But more important than the gender issue is the security of the trait of justice and fairness in the witness. 
Right to be protected from slander and accusation: 
False accusations were punishable, and whoever accuses a woman say of adultery has to prove that and provide 4 witnesses. 
Islam stressed the independence of women in civil rights, and warned against gender envy: 
“And covet not the thing in which Allah hath made some of you excel others. Unto men a fortune from that which they have earned and unto women a fortune from that which they have earned.” 
Surat Al Nisa – Women V. 32. 
Women in the first stages of Islam, were given the right to protect in safe custody () those who begged for protection e.g. Um Hani – the sister of Khalifa Ali bin Abi Taleb – protected a non-believer from Ali’s wrath and the Prophet (P) supported her. 
Amongst the first political rights of women was the swearing of allegiance of the leader () which both men and women performed. The Prophet (P) accepted it by words from women and shaking hands in addition of men. 
Consultation and discussion () was one of the basic rules of legislation. It is the duty of both males and females. The Prophet (P), Abubaker, Othman and Omar invited guidance from women e.g. Omer ibn Alkhattab consulted Aisha the Prophet’s widow as to the maximum period of separation from spouse, and he decided according to her advice to make 4 months the upper limit for male expeditions. 
It is also a woman’s right to give () Shariah explanations if she is knowledgeable in juris prudence. 
Women are not allowed to become heads of states or Khalifas, however they are eligible and acceptable in all other positions below that. This is partly because the head of state must lead all in prayers and fights () etc. duties from which women are exempt and have not asked for equality. Thus women can be ministers, heads of offices, ambassadors etc. It has been said that the Prophet (P) said “No people who let a woman rule them will succeed”. But it was explained that this was a specific text referring to the case of Buran, a queen in Persia. Besides it does refer to the head of state and not other general leadership positions of lower magnitude. 
In acting as judges in law matters, there are different interpretations. The sects Al Shafey, Alhanbaly and Shiah do not allow females as judges. Al hanafy accepts them in minor issues but not say in crimes or murders. Al maliky accepts female judges in all matters. These multi sectorial interpretations are quite prominent in many issues and to me they represent the epitomy of democracy. 
Performing prayers in the mosque is not obligatory in order to avoid inconvenience for mothers and children, but it is complemented. In all other issues prayers, zakat, fasting and pilgrimage men and women are equal. 
There are many other issues that non-believers sometimes throw as sources of doubt of the equality issue. Amongst these are the rules of marriage, divorce, polygamy, the wearing of the veil, and dominance by men (). They are vital issues and In Sha Allah will be attempted in a future article to clear some of the extant misconceptions. 

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