It's Up to Muslim Women to Reclaim Our God-Given Rights

by Mahjaben Islam-Hussain

Overall we get a pretty bad rap, don't you think? We Muslims, I mean. Fanatical suicide bombers in search of a little heaven. And Muslim women? How does the world view them? Repressed, enshrouded and mindless is a brusque yet probably accurate description. Should Muslims be offended by this impression? I wonder.

At the outset, however, a distinction must be made between what Islam teaches as opposed to what Muslims have made of Islam. This is the point that personally hurts me the most: that Muslims, especially in regards to the rights and duties of women, have made such a hash of the doctrine of our great faith.

Mankind, as the Qur'an says, "created in the best structure" (95:4), has been placed on Earth as Allah's khalifa or viceregent (Qur'an 2:30). Fortunately for us Muslims, the Day of Reckoning will be primarily on an individual basis, as Islam is a deeds-based religion. On that Day our earthly sojourn will be recreated for us to view and understand the reward/punishment.

Thank goodness it will be primarily individual, for if it were not then as a collective whole Muslims through the ages would have a great deal of explaining to do for interpreting the Qur'an, the Hadith (sayings of the Prophet Muhammad), the Sunnah (life of the Prophet Muhammad), shariah (Divine Law, laid down in the Qur'an) and fiqh (jurisprudential issues) in a subjective manner skewed to one's own bias.

Nowhere does this apply as much as in the rights of women, where patriarchal Muslim societies have short-changed women so much and for so long that the fallout has been exponential. The Qur'an does not discriminate on the basis of gender. "For Muslim men and women, for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who fast, for men and women who guard their chastity, and for men and women who engage in Allah's praise, for them has Allah prepared forgiveness and a great reward" (Qur'an 33:35).

The Qur'an does not discriminate on the basis of gender.

Additionally, the Qur'an, recognizing the vulnerability of women and their great potential for exploitation, is very specific about women's rights, as illustrated by these examples:

1) Abolition of female infanticide: In pre-Islamic Arabia, killing female children was a widespread practice. This was completely forbidden by Islam. "When news is brought to one of them of [the birth of] a female [child], his face darkens and he is filled with inward grief! With shame he hides himself from his people because of the bad news he has had! Shall he retain her on contempt or bury her in the dust? Ah! What an evil [choice] they decide on!" (Qur'an 16:58-59).

It is reported that this barbaric practice continues today in India and China, where fetal ultrasounds are done and if it is a female fetus, some women undergo abortions. Having a son retains its "security," both financial and emotional, as it did in the days of jahilliyah or "ignorance" of pre-Islamic Arabia.

Muslims, on the other hand, must understand the concept of not relying on anyone but God alone. In fact, seeking security through sons, wealth, investments, or clout and influence, is akin to shirk, or equating any entity to God. This is a sin that Allah has said repeatedly in the Qur'an will never be forgiven.

2) Equal education opportunity: Islam equates attainment of knowledge to ibadah, or worship of Allah, recommending travel to China if need be to attain knowledge. Both sexes are dealt with equitably. "If any do deeds of righteousness, be they male or female, and have faith, they will enter Paradise and not the least injustice will be done to them" (Qur'an 4:124).

3) The right to choose her mate: A woman cannot be married against her will. The expression of her will should occur during the selection process, and not at the "I do" part. The majority of Muslim marriages are still arranged, and it is advisable that the woman be an integral part of the decision-making process from start to finish. The marriage is null and void if free consent is not given by both husband and wife.

4) The right to employment: Despite the male chauvinism of Muslim (actually all) societies, as well as the West's concept of the Muslim female as a cloistered, voiceless entity, Islam allows women to work outside the home. This is on condition that decency of attire is observed, the nurturing of the family is not compromised and the prior permission of the husband is obtained.

The rights of men and women in Islam therefore are not identical, but very equitable. There is not absolute mirror-image equality because of the difference in physical capabilities (pregnancy, nursing) and vulnerability, and the different role men and women play in society. Allah in His infinite wisdom has made it mandatory on the husband to be the provider for the family, so that with all the travails of childbearing and rearing, a woman does not have to undergo the additional stress of bringing money home.

Safeguarding the Family

In Islam the family is the most important unit of society, and safeguarding the interests of all its members is paramount. Just as two CEOs are not hired in a corporation, in a Muslim family the husband and wife are to play complementary roles, deciding jointly about issues, though the onus of the final decision is on the husband. Perhaps this is why women are required to obtain the permission of the husband prior to employment.

Here, actually, is the problem. Muslim males have exercised this right on the basis of incorrect information transmitted by mullahs (religious leaders) who have reduced women to pathetic receptacles of procreation, all in the name of Islam. They even have gotten away with this coercion for several centuries because of the illiteracy of their female "subjects," who are caught in the vicious circle of ignorance and consequent inertia. The Qur'an in fact states that women are to be confined to their homes only as a punishment for lewdness (Qur'an 4:15). Seen in this light, it seems that Muslim societies have overdone things a little.

5) The right to her earnings, property and wealth: The Qur'an states "men shall have of what they earn and women shall have of what they earn" (4:32). If Islam cloistered women, the question of women keeping their earnings would not arise, as homemakers are not paid for their work and it is implicit that these "earnings" come from outside employment. This is a right of which many enlightened Muslim women take full advantage. Since the husband is to support the family, regardless of his financial status, a woman gets to keep her earnings, spending them on the family according to her discretion. In real life, obviously, a wife and mother would not deprive her family if she were able and the husband were not.

6) The right to inherit and financial security: Prior to the advent of Islam women were nonentities. Islam gave us the right to ownership and to inherit property. "From what is left by parents and those nearest related, there is a share for men and a share for women, whether the property be small or largea determinate share" (Qur'an 4:7). Critics have argued about the lower share of the woman as compared to a man, disregarding the fact that a man has to provide for his mother, sister, daughter and all women related to him, whereas a woman again gets to keep her share.

Islam provides financial security to a woman by requiring a man to pay the woman mahr at the time of marriage. This gift may be foregone initially, but the woman reserves the right to collect unpaid mahr at the time of divorce. This is an amount that is mutually determined prior to marriage. A man also is obligated to support a woman during the iddah period after a divorce. This is the equivalent of three menstrual cycles or four months, and is provided to ensure the paternity of a possible pregnancy.

7) The right to divorce: Unlike Catholicism, Orthodox Judaism and Hinduism, Islam does not condemn a woman to a lifetime of a failed, repressive, disillusioned or abusive relationship. In regards to divorce the Qur'an says, "In a fair manner women have the same rights against their men as men have against them" (2:228).

Pious men and women are advised to work out their differences, and divorce, though allowed, is abhorred by Islam. "And if you fear a breach between the couple, then send an arbitrator from his family and an arbitrator from her family; if they both desire compromise, God will effect harmony between the couple: verily God is All-Knowing, All-Aware" (Qur'an 4:35). In the event of cruelty, impotence, insanity or absolutely irreconcilable differences the woman can seek a divorce.

It's tragic indeed that with probably the most liberating religion, Muslim women are the most oppressed in the world. The reasons are multifactorial: patriarchal, male-dominated societies, illiteracy, poverty, the consequent dependence on men and the daily struggle for survival. All these preclude women understanding our God-given rights, let alone demanding them from society.

8) The right to remarry: In some other religions that do not allow divorce, the question of remarriage does not arise. A Muslim woman, however, need not remain a stigmatized divorcee. She can remarry, although she is obligated to marry a Muslim. In the event of widowhood, also, a woman can remarry after finishing the required period of iddah.

The very controversial and greatly abused concept of polygamy has served as the "Sword of Damocles" for Muslim women for ages. Islam did not outlaw polygamy, but regulated and restricted it. It is neither required nor encouraged, only permitted. Edward Westermarck, in The History of Human Marriage, gives numerous examples of polygamy among Jews, Christians and others. The only passage in the Qur'an (4:3) that explicitly addresses polygamy and restricts its practice in terms of the number of wives permitted, and the requirement of justice between them on the part of the husband, was revealed after the battle of Uhud, in which dozens of Muslims were martyred, leaving behind widows and orphans. "If you fear that you shall not be able to deal justly with the orphans, marry women of your choice, two or three or four: but if you fear that you shall not be able to deal justly with them, then only one " (Qur'an 4:3). This seems to indicate that the reason for its continued permissibility is to deal with individual and collective contingencies that may arise. It provides a moral, practical and humane solution to the problems of widows and orphans who, in the absence of a father figure, would suffer in terms of economics, companionship, proper child rearing, etc. A woman, however, may specify in a pre-nuptial contract that the man will practice monogamy and, in the event of the man violating the contract, that his first wife will be entitled to seek divorce with all its associated financial rights.

Recognizing the difficulty in being totally fair to women, the Qur'an states, "You will never be able to attain justice between women [wives] even though you may covet it, so incline not with a total inclination to one so that you leave her as it were in suspense; and if you effect a reconciliation and guard yourself against evil, verily then God is oft oft-forgiving merciful" (4:129). Mullahs have interpreted this to mean that since men cannot be fair to women and since God is oft-forgiving most merciful, the enforcement of Qur'anic teachings regarding justice to all wives is not required in a strict fashion. The fact that the Qur'an takes note of a human failing with a forbearing attitude is thus taken by many Muslims to be a justification for disregard of a clearly enunciated highly stressed injunction. Polygamy, as conceived by the Qur'an, was to be practiced for the benefit of women and children, and not as a means of satisfying male sensuality and wantonness.

Despite skewed interpretations of the Qur'an by Muslims, there are still situations where polygamy is an alternative which dependent, destitute, chronically ill or otherwise disadvantaged women prefer to divorce or abandonment by the husband.

As far as the enshrouded Muslim woman is concerned, there is a misconception in the West that a Muslim woman is forced to dress modestly by the male elite. Excluding the Taliban of Afghanistan, who are placing unreasonable demands on society in the name of Islam, a great number of Muslim women observe hijab due to their personal conviction regarding the recommendation of modest attire by Islam.

Unfortunately, no Muslim society is a paragon of Islam. The famous Pakistani poet Allama Iqbal said no community's state is changed by God except for the community that wants to change its situation. It is true that Muslim women are oppressed and underrepresented due to the male-dominated, economically backward societies they live in. Muslim women are, however, the only force that can break the ignorance-inertia-oppression cycle in which they are caught. In various Muslim countries there are movements toward this.

Interestingly, the one place where this is very practicable is the United States, because here putting belief into action is not a distant mirage. Again, only we Muslim women, through education, action and courage, can reclaim what in actuality are our God-given rights.