Misconceptions about Women in Islam

There are some misconceptions that have been widely propagated about women and their rights in Islam. These misconceptions are often repeated by some that maliciously seek to defame Islam and Muslims. Women throughout the past centuries of Islam have been honored, respected, and dignified. The crimes of some who deviate do not reflect upon the principles and laws on which Islam is based. We shall present some answers to these common misconceptions that have been publicized about women’s rights in Islam and the position of women in Islam in general.

Polygyny in Islam

 Marriage to more than one wife at the same time – polygyny³. is a practice as old as the history of man, and is allowed in Islamic law. Among others, polygyny was well known to the Ancient Hebrews, Egyptians, Greeks, Persians, Assyrians, Japanese, Hindus, Russians and Germanic peoples.

All previous revealed religions practiced and condoned polygyny. The Old and New Testaments are at the foremost in the list of the religious Books that legalized and practiced it. Many of the Prophets of Allah before Prophet Muhammad entered into plural marriages. Prophet Abraham had two wives;

(³ Polygyny is a practice of having two or more wives at the same time; whereas polygamy is the practice of having two or more wives or husbands at the same time)

Prophet Jacob had four wives; and Prophet David had ninety- nine wives Prophet Solomon () had seven hundred wives who were free noble women, and three hundred other wives who were slave women. Nowhere does the law of the Prophet Moses set or determine a specific number of wives to which a husband was entitled. The compilers of the Talmud, who lived around Jerusalem, decided upon a certain number of wives for a man, and some Jewish scholars only permitted a second wife or more if the first wife was permanently ill or barren. Still other Jewish scholars did not permit plural marriages at all.

In the New Testament of the Bible, Jesus is commissioned to comply with and complete the Laws of Moses and we cannot find a single quote in the Bible that forbids plural marriage. The prohibition of plural marriages in Christianity came about only as a result of legislation set forth certain segments of the Christian church, and not by the original teachings of Christianity itself.

For this reason we find many examples of Christians taking multiple wives. The Irish king, Ditharmet, for instance, had two wives. King Frederick the Second had two wives with the church’s approval. Thus, it must be noticed that prohibition was in the hands of the priests of the church, and not in accordance with any universally recognized original law of Jesus Christ himself (). Martin Luther, the German priest who first established the Protestant sect, considered plural marriage acceptable and advocated it on many occasions.

Polygyny was well known amongst pagan Arab tribes prior to the advent of Islam but there was no limitation for the number of wives, like in the cases of some of the Prophets mentioned above. With the advent of Islam, the Islamic law condoned polygyny but a man was limited to only four wives, and specific rules regulated these marriages. There are numerous examples in the authentic traditions wherein the Messenger of Allah obligated those who had more than four wives, when they accepted Islam, to choose four and divorce the rest honorably.

Allah, the Most Beneficent, said:

 “And if you fear that you shall not be able to deal justly with the orphan-girls, then marry (other) 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 or (the captives and the slaves) that your right hands possess. That is nearer to prevent you from doing injustice.” [4:3]

Thus we see that strict justice and fairness in treatment, and avoiding any injustice and wrong practices against all wives, is stipulated and conditional for those who wish to take more than one wife.

The Messenger of Allah warned against favoritism saying:

 “He who has two wives and is not just between them, he will come on the Day of Resurrection with one of his sides fallen.” [Abu Dawood#2133 & Tirmidhi #1141 and verified]

Justice and fairness, in this context, applies to material things such as expenditure, fair division of wealth, gifts, time, etc. As for emotional matters, such as love and inclination of the heart towards one wife over the other, it is recognized that man has no control over his innermost heart and emotions, as they are involuntary. Allah, the Most Beneficent, said:

“You will never be able to do perfect justice between wives even if it is your ardent desire (i.e. emotions of the heart), so do not incline too much to one of them (by giving her more of your time and provision) so as to leave the other hanging (i.e. neither divorced nor married). And if you do justice, and do all that is right and fear Allâh by keeping away from all that is wrong, then Allâh is Ever OftForgiving, Most Merciful.” [4:129]

‘Aishah, the mother of the believers and the wife of the Prophet, narrated:

“The Prophet of Allah would distribute everything justly amongst his wives, then say: O Allah, this is my division concerning what I control, so do not blame me concerning what You control and I do not (i.e. emotions of the heart).” [Abu Dawood]

A man who is impotent should not seek any marriage since he is unable to fulfill its basic requirement. He who knows for sure that he is financially incapable of supporting another wife and household, is not allowed to seek another marriage, just as the bachelor who seeks to marry must strive to earn the wherewithal and must be able to sustain his wife and future children. As Allah says, and which can be taken as a general rule:

“And let those who find not the financial means for marriage keep themselves chaste, until Allah enriches them with His Bounty.” [34:٢٤ ]

Let us take a look of some conditions that befall people of any society, and then assess whether polygyny is a good solution for the problems that occur, and also the practice of polygyny is in favor of a woman or against her! The following points prove that monogamy in many situations leads to promiscuity, prostitution or divorce:

 1) If a woman is sterile and the husband is interested in having children, should he divorce the woman and marry a second wife? Or, if she chooses to stay married to him, should he take a second wife giving them both equal rights as his lawful wives?

2) If a wife is chronically ill and cannot maintain her marital relations with her husband, should he keep her and take a second wife wherein she remains perfectly honored, cared for and provided for by her husband? Or should he divorce her?

 3) Some men are financially strong, and sexually demanding and potent with higher levels of hormonal testosterone. One wife may not be able to fulfill his lawful and natural sexual desire. If the menstrual period or after-birth-confinement period is notably longer than normal, or if she has no natural sexual desire to match that of the husband, or other scenarios, what is better for both husband and wife in such a case? Is it better for the man to remain frustrated and pent up, or seek unlawful sexual satisfaction outside the marriage? Or to acquire other lawful wives who can help to keep him chaste and satisfied?

4) In various parts of the world international and civil wars and other catastrophes often take their toll on men more than women. Even naturally, the demographic number of females, for various reasons, is often more than males in most countries. The best example of this is the case of the First World War, and the Second World War, which claimed the lives of an astronomical number of men who had participated in the fighting, with tens of millions of them being killed. In other trouble spots the disproportionate death ratios are similar. In such a case, if every man had only one wife, what would be the necessary destiny of the women left without lawful marriage to satisfy their social, financial and sexual needs? Some women may be tempted to satisfy their sexual desires in unlawful ways through fornication, lesbian activities or prostitution, a destabilizing factor for any society. The abundance of women without husbands, or male relatives to care and protect their interests, is one factor that helps spread corruption and illegitimate sexual activities in societies. What is better for a society and for such women in this case: to remain single and suffer all the consequences of life without marriage; or to accept to be a second wife with an honest, protective, honorable and chaste man?

Promiscuity unfortunately exists in all modern societies, but should it be legalized or condoned, as is the case under man- made laws, with all the social consequences? In most contemporary societies only monogamous marriage is legal, but extra martial relations are allowed as a socially acceptable substitute for the situations mentioned above, in the form of mistresses, girlfriends, escort services, prostitution and common law marriages. These types of relationships have no merits of their own to stand on, and if the couple does not eventually get legally married, the illicit relationship often leads to abuse and conflict. These illicit relationships are only meant to fulfill sexual interests of the two parties involved without the responsibilities, and abuse the rights of the women in general. Legally it imposes no financial, social, or emotional obligations, and if the woman becomes pregnant, it is her own problem, with the illegitimate children left without the support of a family and sometimes abandoned to the social service system. Men, generally, are not obliged to admit the paternity of the child, thus not obliged to take financial responsibility for the child. Abortions proliferate in this kind of society. In accordance with Islamic law, a second, third, or fourth wife enjoys all the rights and privileges of the first wife without an iota of injustice or dishonor to her.

Adultery, fornication and all extramarital sexual relations are strictly forbidden in Islam and the prophet took all measures to protect the society from these social diseases which, if they become widespread, can only bring harm and destruction upon individuals, families, and the basic bond holding the society together as a whole. The following tradition shows the wisdom of the Prophet and patience in convincing a young virile man, by eloquent analogies, the injustice of double standards and the evils of wanton desires leading to fornication and adultery. No one would want his own female relatives to be exploited, used and abused, so how, then, can they allow themselves to exploit others?

An authentic tradition narrates:

“A young man came to the Messenger of Allah and asked: ‘O Messenger of Allah, permit me (with special license) to commit fornication (and adultery).’ The people started to rebuke him harshly, but the Prophet sat close to him and asked: ‘Would you like it for your mother?” He replied ‘No, by Allah, may Allah make me a sacrifice for you!’ The Messenger of Allah said: ‘And thus the people do not like it for their mothers,’ and continued: ‘Would you like it for your daughter?” ‘No’ he replied. The Messenger of Allah said: ‘And thus the people do not like it for their daughters,’ and continued: ‘Would you like it for your paternal aunt?’ ‘No’ he replied. The Messenger of Allah said: ‘And thus the people do not like it for their paternal aunts, and asked: ‘Would you like it for your maternal aunt?’ ‘No’ he replied. The Messenger of Allah said: ‘And thus the people do not like it for their maternal aunts.’ Then the Prophet put his hand on the youth and said: ‘O Allah forgive his sin and purify his heart and make him chaste (fortify his abstinence from sexual sins)’.” [Ahmad#22265 and verified]

One might say that this tradition is a practical application of the golden rule as mentioned by the Messenger of Allah:

“None of you [truly] believes until he loves for his brother that which he loves for himself.” [ Bukhari #15 &Muslim #44]

Polygyny in the Islamic society is limited to four wives only; the marriages being performed lawfully with a proper marriage contract, witnesses, etc. The man must bear all financial burdens and responsibilities to his wives and children that arise from his marriages. All the children are legitimate and must be raised and cared for under the responsibility of both parents.

One might ask that, if we permit polygyny for men, why is not polyandry⁴ permitted for women? The answer to this question is simple since numerous natural and physical reasons, as indicated above, preclude this as a viable option. Men in almost all societies of the world have the position, domination and authority over the households due to their natural endowment and strength. Even if, for argument’s sake, we forego the idea of their strength and suppose that a woman has two or more husbands, the question will arise: who will have the ultimate authority and leadership of the home as this would create harmful competition, jealousy, anger and hatred among the husbands and result in great destruction in the society. Moreover, if a woman were allowed to be married to more than one man, who would be the legal father of the child she bears, and how would fatherhood be convincingly determined? What would happen to the demography of the society after some generations of this arrangement? Would the men be able to remain chaste within their marriage vows in such an arrangement with one wife, or would he be tempted into promiscuity? The answers to all these questions are obvious. Since a woman can only become pregnant approximately once a year and she can get pregnant by only one man at a time, while a man can naturally impregnate more than one woman on a continual basis, it follows that it is more logical and natural that the man has more than one wife and that she doesn’t engage more than one husband.

(⁴Polyandry is the state or practice of having more than one husband at one time.)

Above all in polygyny, the man is responsible for the provision of all of his wives and children, which keeps everything in order, while this is not the case in polyandry, thus impractical from any conceivable angle whatsoever.

The following are statements of some Western thinkers who demanded polygyny and considered it the only solution for the problems they were confronted with in their societies.

Gustav Le Bon, the well-known French thinker, says in his book Arabic Civilization:

 “Polygyny enables the society to reduce social crisis, prevents the mistress problem and cures the society from illegitimate children.”

Annie Besant, in her book on Indian Religions says:

“I read in the Old Testament that the closest friend to Allah, whose heart acts upon the Will of Allah, was polygynous. Moreover, the New Testament did not forbid polygyny except for priests or ministers of the church, who were required to keep and maintain one wife only. Old Indian religious books also permitted polygyny. It is easy, however, to criticize others in their religious practices. And that is what made people accuse Islam and attack it for its permission of polygyny. However, it is strange that Westerners are against the restricted and limited polygyny of the Muslims, while they suffer from wide scale prostitution and promiscuity in their own societies. A close examining look at the Western society illustrates that only a few pure, chaste and honest men respect their clean marital relationships and honor their marriage to one single wife and have no other sexual relationship outside marriage. It is an incorrect and inaccurate statement, therefore, to describe a community as monogamous, in which the men maintain a single marriage, while they are indeed having mistresses, girlfriends and other means of sexual relationship outside the marriage to their legal and lawful wife. If we were to be fair and just, we could see that polygyny in Islam protects, honors, maintains and respects women in society. Polygyny is better than the Western prostitution that permits a man to have a mistress or a girl friend to fulfill his sexual desires with no respect to the feelings, emotions, needs and honor of the women. The man will disown that woman as soon as he gets his satisfaction. The man has no social commitment or obligation towards the mistress or the girl friend. She is only meant to fulfill his sexual needs of the moment and give him the company he needs temporarily. Even though some people declare both polygyny and fornication or prostitution as bad and unacceptable, yet it is unfair for the non-Muslims to blame a Muslim for doing the same thing that he does while his society accepts and condones it.”

Jawad, a well-known English scholar, says:

“The stiff British system which prevents polygyny is an unfair and unacceptable system. It severely hurts approximately two million women who have become old maids. These women have lost their youth and were deprived of having children. Thus, these women were forced to throw away the moral values as one throws away the pit of a date.”

Mobenar, a member of the previous French Parliament noted:

“There are two and a half million French girls now who cannot find a husband, if we assume that every French young man will marry only one woman. I frankly declare what I truly believe is that a woman will not enjoy a healthy life unless she becomes a mother. I believe that any law which passes a judgment that such a big number of the members of a society should live opposing, contradicting and neglecting to fulfill the natural laws of man on the Earth is but a cruel and savage law that contradicts the simplest meaning of justice and fairness.”

In 1959, the United Nations published a special publication stating:

“This publication has proven, by numbers and statistics, that the entire world is now facing a growing problem of illegitimate children, as opposed to legitimate children. The number of illegitimate children has increased 60% in some countries. In Panama, for instance, the percentage of illegitimate births soared to 75% of the total number of births in the country. This means that three out of every four children are illegitimate, born outside of wedlock. The highest percentage of illegitimate births is stated to be in Latin America.”

At the same time, the publication proves and indicates that the number of illegitimate births in the Islamic world is almost nil (in comparison with other countries). The editor of the publication goes on to say that Islamic countries are protected against such social problems and disease due to the fact that the people practice polygyny.

Testimony of Women

Allah, the Exalted, stated in the Glorious Qur’an:

 “And get two witnesses out of your own men. And if there are not two men (available), then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs, the other can remind her.” [2:282]

Allah clarifies to assure the rights of others that testimonies will not be valid unless two men, or one man and two women offer them.

Divine wisdom has granted women, in general, very sensitive emotions, tender feelings, and a predisposition towards care and love of other members of the family. This makes a woman capable of her natural task of childbearing, nursing, taking care of all the needs of the young child, etc. Based on these emotional characteristics of the woman, she might very well follow her emotional inclinations and swerve from harsh realities due to an emotional involvement in a case. A woman’s loving and kind feelings might overcome what she has witnessed, and thus she may distort the story of her witness and testimony. At the same time the biological changes that occur in her body due to menses, pregnancy, child-birth and post- natal conditions reduce the sharpness of her memory and may make her forget the details of the issue. Therefore, a divine precautionary measure was established to eliminate any shortcoming on a woman’s part in any case of testimony. We would like to point out here one of the essential principles of the legal and judicial system in Islam, which states that the case is not valid for proceedings if a doubt arises in the case. Therefore, the strength of two female witnesses is intended to eliminate this doubt.

Besides testimony that involves other people’s rights, Islam has granted women full financial freedom in terms of independence and financial decision-making, and made her exactly equal to men in that regard. However, woman’s natural role in life, in raising children and caring for the family requires her to stay in the home for longer and extended periods in comparison to men, thus limiting her knowledge and experience to the affairs she stays involved in most of her life.

It is a false accusation to say that making the testimonies and witnesses of two women equal to one man in certain cases is an insult to the woman’s intelligence and a dishonor to her integrity. If that were the case, a single woman’s testimony would, likewise, not be acceptable in the other affairs of women. Islamic jurisprudence accepts a woman’s testimony in all affairs that are private like in confirming the virginity of a woman, delivery of a child, clarification of female sexual defects, and other matters that mandate examination due to a dispute. At the same time, it must be remembered that Islamic law rejects a man’s lone testimony in the least significant financial matters such as lending or borrowing funds and other transactions, since there must be two. The critically serious cases, wherein a woman’s testimony must be doubled, is established in order to preserve and prove the rights of individuals in the society based on the reliability and irrefutability of that testimony.

Note that testimony in the Islamic law in itself is not a privilege but a burden that many attempt to avoid, and for this reason Allah commanded people to offer their testimonies and not to seek to escape or withhold it. Allah stated in the Glorious Qur’an:

“And the witnesses should not refuse when they are called on (for evidence).” [2:28]

The address here is general for both male and female. Many people all over the world try to avoid becoming a witness, and attempt to escape involvement in offering testimonies, because one is required to go to the court, sit on the witness stand, take an oath to tell the truth, be cross-examined and many other burdens. Financial and physical burdens or threats may result from being a witness and offering testimony. Islam therefore aims at eliminating many of these burdens from the woman, unless she has a partner who witnesses as she does, in matters involving many forms of testimony.

A man’s single testimony is not acceptable in financial matters, since there must be two male witnesses to prove the financial right of a claimant, or one man and two women. We have never heard that anyone considered this requirement an insult to man’s intelligence or contrary to his rights. This proves that the requirement is for the protection against false accusations and mistakes.

 There are some cases when the testimony of each is totally equal. For instance, the testimony of a wife is exactly equal to the testimony of her husband when a husband accuses his wife of committing adultery and he has no evidence to prove his claim. Allah stated in the Glorious Qur’an:

“As for those who accuse their wives, but have no witnesses except themselves, let them present their testimony four times, that by Allah he is one of those who speak the truth. By the fifth (testimony, he invokes) the Curse of Allah on himself, if he is of those who tell a lie (against her). She will avert the punishment (of stoning to death) from her if she bears witness four times by Allah, that he (her husband) is telling a lie. And the fifth (testimony) should be that the Wrath of Allah be upon her if he (her husband) is speaking the truth.” [24:6-9]

Financial and Moral Responsibilities of the Household

Allah, the Exalted, stated in the Glorious Qur’an:

“Men are protectors and maintainers of women because Allah has made one of them to excel the other, and because they spend to support them from their means.” [4:34]

This verse emphasizes that the financial and moral responsibilities of a household is the husband’s responsibility. The natural, physical and social qualities of men demand that they take charge of these responsibilities since they are of the stronger gender and physically fit to work being free from the burden of menses, pregnancy, nursing and early childrearing. The man is the “guardian” of his own household – a shepherd of his flock in the idiom mentioned earlier and he will be asked and accounted about all his responsibilities. Women by their natural constituency are the weaker sex, built biologically, emotionally and socially for their role as child bearer and homemaker. They are more endowed with intuition and emotional intelligence. This is their natural feminine role that is fully honored and protected. Due to the pains and burdens of menses, pregnancy, delivery, nursing, and continual child-care, women often require various periods of confinement for rest, and they are not required to take on additional financial and vocational responsibilities for the sustenance and maintenance of the household. All these concerns affect the mental state of a woman and will be reflected in her life, attitude and behavior. This is a natural state prescribed in many civilizations, but often with many injustices, as mentioned earlier.

‘Abbas Mahmoud al-‘Akkad, the well-known Egyptian writer, notes:

“Women have a very special emotional make-up that does not resemble the emotional make-up of man. The companionship of a little infant or child requires a lot of similarity and resemblance between the child’s mentality and his companion, the mother. She has to understand what he wants, what he needs and how he thinks and feels. Therefore, to fulfill this requirement, a woman is much more responsive to emotions. This makes it difficult for a woman, when compared with man, to be firm, fierce and determined when needed.”

 Dr. Alex Liberelle, a Nobel Prize winner, says while illustrating the natural organic differences between man and woman:

“Matters that differentiate between man and woman are not limited to sexual organs, the presence of the womb and pregnancy. These matters are also not limited to the difference of teaching methods of man and woman. In fact, these differences are of basic nature. The tissues of the body in both male and female are different. The chemistry of the bodies is also different in both. Certain glands excrete certain secretions that are only suitable for a specific gender. The woman is completely different from man in terms of the chemical material secreted from the ovary inside the woman’s body.”

Those who call for complete equality between men and women disregard basic facts and essential differences. Advocates of women’s equal rights demand the same type of education to be given to both male and female, and same type of jobs, tasks, responsibilities, positions to be offered, etc. This absurdity neglects woman’s nature and essential physical, mental, emotional, and social traits. Every cell of the body of a woman has a feminine quality, nursed by female hormones, just as a man has his distinct qualities and hormones. Are they blind when they wish to be equal? They don’t see that each organ of every man and woman are unique in and of themselves, and different from each other. The male and female central nervous systems function in exact precision to help their respective roles in human life. We must accept natural laws and movements as they are, without attempting to change them to seek unnatural obstruction or interference with them. For their own benefit, both men and women should build upon their natural talents and gifts, and never deviate into imitating those of the other sex, which only leads to abuse of themselves and others. Another factor is that it is a well-established fact that the bone structure and muscles of men are naturally heavier and more powerful than those of women. Men can perform more laborious and manual jobs, while women are not physically able to show comparable physical endurance. This is another proof that men are naturally equipped and qualified to assume the role of leadership over financial and vocational responsibilities of the household in consultation with their best second-halves (their wives), which is also a general rule in Islam, as mentioned previously.

Women’s Right to Work

 As mentioned above, Allah created all mankind from a single male and female, and placed natural love and affection for one another in order that they cooperate to build families and relationships of families. We see in nature that Allah bestowed the male of each species with superior power and endurance in order that he may dominate in certain spheres and seek provisions and protection for the species, while the female of each species is equipped to reproduce and multiply to maintain the continuity of that species. Only the female is equipped with the necessary apparatus to bear, deliver, nurse and care for the young. The female human has been endowed with love, kindness, sympathy, care and affection in order to carry out her duties to her children with dignity. Based on this natural predisposition and delegation of responsibilities, and based on the unique qualities of the male and the female, it is only natural for man to work outside the house and earn for the sustenance of the family and for the woman to work inside the house and take care of the children and the family in general.

Considering this basic fact, Islamic law does not deprive a woman from the right to work within the limits that protect her honor and dignity. Islam permits the woman to personally conduct her business contracts and financial transactions. All such contracts and transactions are sound and valid in the view of Islamic jurisprudence. There are certain set conditions which if violated, the permission given to the woman to practice this right will be rendered void and she can be restrained from the use of her right.

The work that the women engage outside the home must not conflict with her duties and responsibilities to her husband and children. Her work must be with other women and free of intermingling in a male environment, where she comes into physical contact with men, or is confined and exposed to molestation and abuse. As the Messenger of Allah said:

“A man is not secluded with a woman, but that the Satan is the third party to them.” [Tirmidhi #1171 and verified]

And in another tradition:

A man said: “O Messenger of Allah my wife has gone out to go for Pilgrimage and I have been written to go for a military campaign.” He said: “Go and make Pilgrimage with your wife.” [Bukhari #4935 & Muslim #1341]

Lady Cook, the well-known English writer says in New Echo:

 “Men like (and prefer) the mixed environment. Thus, women are lured to something that conflicts with their human nature. The greater the co-ed. environment (between male and female), the more illegitimate children the society will have. There is the greatest disaster…”

The work that the woman performs outside her home must be, in the first place, a lawful employment or job that suits the nature and physique of the woman. She must not, for instance, be obliged to do heavy industrial jobs, and other jobs to which men are more suited to perform.

The question that poses itself here is: Why does the woman have to work in the first place? If a woman is working to earn her own living expenses, Islam has absolved her from this duty by obliging, as mentioned earlier, the male family members to take care of the entire financial needs and obligations. Thus from her birth to death, throughout the various stages of her entire life, she is not required to work to give utmost dignity and concentration to her paramount mission and duty of taking care of the home and raising the children. This honorable mission requires great sacrifices and devotion, and has the highest status.

The well-known English scholar Samuel Smiles, one of the pillars of the English renaissance says:

“The system that has required women to work in factories and industrial areas, regardless of the national wealth it brings, has destroyed the family life. It has attacked, in fact, the basic structure and foundations of the home and destroyed the essential pillars of the family. It has cut and destroyed social ties as well. Stripping the wife from her husband, and depriving children of their rights of proper, tender and maternal care, has resulted in lower moral values for the women. The real job and profession of a woman is to raise a good, sound and moral family. She is mainly required to take care of household responsibilities, home economics and other domestic needs. Work in factories has stripped the woman, as we pointed earlier, of all these responsibilities which changed the looks and the realities of the inner home. Children, as well, were often neglected and raised with no sound standards. The love and affection between husband and wife were somewhat extinguished. The woman was no longer the sought, wanted, admired and loved by man, after he got used to seeing her in the factory next to him doing the same thing he does. Woman came under many influences and pressures that changed her mentality and thinking pattern on which moral values and virtues were established.”

 In fact, the First Lady of South Africa calls for the return of woman to the home saying:

 “The most natural place for a woman is her own home. The main task and responsibility for a woman must be to care for her husband and attend to the needs of her children.” 

Travel Without a Male Guardian

The Prophet said:

“A woman must not travel alone without a mahram (her husband or a man with whom that woman cannot marry at all according to the Islamic Jurisprudence). No man may enter the house of a woman unless there is a mahram with her.” A man stood up and asked Allah’s Prophet: “O Messenger of Allah! My wife is going on Hajj (pilgrimage), while I want to participate in a battle, what should I do?” The Prophet of Allah said: “Go out with her.” [ Bukhari #1763]

For the protection of the person and honor of women, the Islamic rule encompassed in this tradition forbids any woman, whether she be young or old, single or married, to travel alone without (mahram) as a travel companion. This man must be of those to whom she is permanently prohibited to marry due to their close blood relationship, such as a father, a brother, an uncle, an elder son or nephew after he has reached puberty, or a husband, etc. Some people might say that this regulation restricts the freedom of the woman and her basic right of movement. The purpose of this rule is not to prevent her ravel but to free her from harm and molestation, and thus to maintain and preserve her right of dignity. Traveling entails many hardships and dangers, and since women are physically weaker than men, and moreover she may have circumstances of pregnancy, menses, nursing and childcare, or some ailments, she is in more need of help and service. Also women are generally more emotional and impressionable; they are more susceptible to unscrupulous and characterless men in search of victims.

 Anas said:

“The Prophet was on a journey and a slave named Anjasha was chanting (singing) for the camels to let them go fast (while driving). The Prophet said, “O Anjasha, drive slowly (the camels) with the glass vessels!” Abu Qilaba said, “By the glass vessels’ he meant the women (riding the camels).” [Bukhari #5857]

The phrase “delicate glassware” describes the fragileness and softness of the women’s nature, who were the riders in that caravan, easily broken or disturbed.

There are, as we all know, wicked minded, evil and violent men who lurk about and seek to take advantage of women whom they find susceptible, gullible or traveling alone. Such wicked- minded men are of course cither interested in robbery, trickery, seduction, or rape. Therefore, a woman is very much in need of someone to care for, protect and fulfill her special needs while traveling, providing her the needed security, service and attention to help her in the difficulties and ward off strangers and potential predators. The “mahram” of a woman in Islam protects and serves with utmost sincerity since this is a natural obligation on him, rewarded by Allah (). We find that many civilizations have similar rules about escorting women in travel, but often they allow other than the “mahram” to escort her since they do not differentiate between a mahram and a non-mahram in their cultures, which results in terrible stories. Therefore, and upon this line of reasoning, forbidding a woman to travel alone, and mandating a male escort who must be a “mahram,” is not in any way a humiliating restriction or insult to her abilities, but, in fact, is an honor that she is served, protected and given companionship by a male escort who has to give her preference over his personal matters and needs.

Women’s Right of Inheritance

 Allah, the Exalted, stated in the Glorious Qur’an:

 “Allah commands you as regards to your children’s (inheritance); to the male, a portion equal to that of two females.” [4:11]

Those who misunderstand Islam claim that Islam does injustice to women in terms of inheritance. They opine that it is unfair to grant the male a double to that of the female even though they are children of the same parents. Allah, the Exalted, offered a full and detailed method of women’s inheritance in the Qur’an and Sunnah, and if an unbiased student of knowledge reflects on the details, he or she will discover the fault of this opinion.

To begin with, Allah has determined all the shares of all the relatives in respect to their relationship to the deceased. As He the Most Wise said:

“There is a share for men and a share for women from what is left by parents and those nearest related, whether the property is small or large, an obligatory share.” [4:7]

 Allah has stated three types of shares for a woman’s inheritance as follows:

1. A woman will have an equal share as that of the man.
2. A woman will have an equal share to that of the man, or a little less.
3. A woman will have half the share of a man. This means that the minimum of her shares is half, and considering that a female has no continual financial responsibilities as a child, sister, wife or mother, and these responsibilities are always on the men of the family, this is very generous indeed.

Those who are interested in the details about this subject should review the discussions in books about the special branch of Islamic knowledge called “The science of inheritance and division of the estate”. These books deal with all the different ways of dividing an inheritance, and the proper share of all relatives according to the Qur’an and Sunnah. Prior to passing any judgment about “unfair treatment of Islam to women in terms of inheritance”, one must examine this subject closely.

 In contrast to all the other societies, Islamic Jurisprudence stipulates the rules and regulations about all the affairs of a man, from big to small, to bring harmony to their lives. Just like a person has specific instructions for how to live and use his money in his lifetime, his wealth after his death is dealt with the same way. Unlike other social systems, a person can generally do with his wealth in his life however he wants but his will has certain restrictions according to the Islamic Law. Through his will he can only give 1/3 of his wealth to whoever he wants, all the rest is distributed according to the law of inheritance derived from the Qur’an.

In the famous tradition; the companion Sa’d ibn Abi Waqqas was ill and requested to bequest the majority of his wealth as charity, or a half of it since he was wealthy and only had one daughter. The Messenger of Allah forbade him and only allowed him to give a third, and said:

“A third and a third is a lot, and it is better that you leave your heirs wealthy rather than leave them needy begging from the people. You will not spend anything seeking Allah’s countenance but you receive a reward for that expenditure, even the morsel of food you put into your wife’s mouth.” [ Bukhari #2591 & Muslim #1628]

An important point to note is that in many civilizations, man- made laws of inheritance are at the whim of a powerful individual; to give or deprive, as one will, however unjustly. Moreover, in these societies often there is no law that obligates a man with financial responsibilities and relieves the women from them. On the other hand, according to Islam, a male is required to take care of the entire financial needs of the female dependents of the family until they are married. From the time a female marries, her financial responsibilities are her husband’s obligation. After the death of the husband, the son or other male relative is obliged to care for the widow.

Therefore, demanding a “fair”, “just” or “equal” share of inheritance for both male and female Muslims, who do not have equal financial obligations and responsibilities, is an unfair and unjust demand. It is only fair and just to give preference to a male heir, in light of his financial responsibilities, over the female heir from the inheritance of the father, mother or others. Considering all this, the fact that a female is still entitled by the Islamic law to a half share of the portion of inheritance received by the male, and sometimes an equal share, is indeed fair, just, and generous.

Gustave Le Bon says in his book Arab Civilization:

“The principles of inheritance which have been determined in the Qur’an have a great deal of justice and fairness. The person who reads the Qur’an can perceive these concepts of justice and fairness in terms of inheritance through the verses I quoted. I should also point out the great level of efficiency in terms of general laws and rules derived from these verses. I have compared British, French and Islamic Laws of inheritance and found that Islam grants the wives the right of inheritance, which our laws are lacking while Westerners consider them to be ill-treated by the Muslim men.”

Also, in accordance with Islam, the men of the family shoulder all expenses resulting from payment of “blood-money”, and this is another subject of concern that we will discuss now.

Power of Guardianship in the Marriage Contract

In Islamic jurisprudence one requirement for a sound marriage is the total agreement of the woman concerned.

The Prophet of Allah said:

“An ‘ayyim’ (a divorcee or a widow) must not be wedded unless she is asked, and gives her approval. And a virgin must not be wedded unless she gives her permission.” It was asked: “O messenger of Allah, how can we know her permission?” He said: “If she remains silent (from shyness).” [ Bukhari #4843 & Muslim #1419]

If a woman is coerced into accepting an undesired marriage, she is entitled to present her case before a Muslim judge to seek annulment. A woman by the name of al-Khansa bint Khadam, who had been previously married (and was now divorced or widowed), came complaining to the Messenger of Allah that her father had forced her to marry a person she despised. He disapproved and invalidated it.⁵ (⁵ Reported by Bukhari #6546.)

Another requirement is that she does not give herself in marriage to anyone without guardianship. Her father, or in case he is not alive, her grandfather, paternal uncle, brother or even her mature son, or the ruler of the State, must act as her guardian in this affair to assure her rights are protected and to sign the marriage contract along with her signature. His role is to make sure that the groom is sincere and of standard, that she has a proper dowry, and that two witnesses testify to the contract which she willfully accepts. All these measures are to protect her rights and the sanctity of marriage.

The Messenger of Allah made this perfectly clear when he said:

“There is no marriage except with a guardian.” [Abu Dawood #2058 and verified]

And in another version:

“There is no marriage except with a guardian, and the ruler is the guardian for those who have no guardian.” [Ahmad #2260 & Ibn Maajah #1889 and verified]

Therefore, if she elopes and marries herself, this marriage is considered unlawful, as the Prophet declared:

 “Any woman who marries without the consent of her guardian, then her marriage is invalid, then her marriage is invalid, then her marriage is invalid. If (the man) has had intercourse with her then she must keep the dowry (that she took from him) for his intimacy with her, and if they fall into dispute then the ruler is the guardian for those who have no guardian.” [ Abu Dawood #2083 & Tirmidhi #1102 and verified]

As mentioned above in the rights of daughters, whether a virgin or otherwise, the right of a woman is to accept or reject any marriage offer of her own free will. The institution of guardianship is only to protect her interests. The fact that the ruler or governor becomes her legal guardian to assure that all is in order and that no criminal injustice is perpetrated reinforces the sacredness of the marriage contract and the sanctity of her rights in Islam.

Since the woman remains in a position of natural weakness, Islamic jurisprudence lays down principles and laws to protect her interests and welfare and preserve her rights. The father, the mother and other concerned relatives, if need be, help select the right and most suitable husband for her, since all seek her happiness and none wish her to be victim of a failed marriage. The goal of marriage is to establish an everlasting relationship between a male and a female and a loving and beneficial home for the children, not mere gratification of certain desires. Since women are, in general, more emotional than men and more easily affected and tempted with appearances rather than the deeper realities, Islamic jurisprudence gives the right to the guardian to refuse and reject proposals if the suitor is not deemed a sound and sincere match. Male guardianship in this case is only natural given their role of authority and responsibility. Moreover, it cannot be denied that men, being of the same gender, have a better ability to perceive qualities of other men in certain areas, and are more capable of finding those characteristics of a man that suit his daughter or the woman under his responsibility of guardianship. Of course he seeks counsel of the wife and other concerned females in the process of selection of the bridegroom. If an appropriate man proposed for marriage and the guardian refused for no valid reason, then the guardianship can be contested in the court of law. The guardianship is then given to the nearest responsible male relative of the woman, or, in case she has no responsible male relatives, the Muslim Judge assumes guardianship. In the final analysis, the true measurement of a suitable match in marriage is the statement of the Prophet of Allah:

“If a person comes to you to propose a marriage and you are pleased with his religious commitment and morals, then marry (your daughter or female relative under your care) to him. For if you do not do that there will be Fitnah (great affliction) on earth, and corruption will be widespread.” [ Tirmidhi #1085 and verified]

A man with a sound and good understanding of his Islamic commitment, with good moral standards will honor his wife and dignify her, and treat her justly with decency even if he does not love her.

 Power to Divorce is with the Husband

In pre-Islamic times divorce was a weapon used against the woman solely in a man’s hands; when he wanted to harm the wife he would seek to divorce her and then take her back as he pleased. There were no set rules and the woman had no rights in the matter. So Allah invalidated this injustice by revealing the verse which says:

“Divorce is two times: then one may retain with goodness (and reasonable terms), or let go with goodness (and reasonable terms).” [2:229]

As a way to help preserve the marriage even when some differences occur, a Muslim man following the Sunnah (way)of the Prophet  may only divorce his wife while she is clean from menses wherein he has not had sexual relations with her in that month. Since this requires some waiting period before the pronouncement of divorce, this allows time for any anger to subside or misunderstandings to be cleared up, and gives time to other family members or mediators to help in reconciliation. If they continue on the path towards divorce, then she must wait three menstrual periods. During this time, he may “take her back” honorably into marriage. This will be counted as the first divorce and return. If the time lapses and he lets her go her way, she will be fully divorced for the first time, and is free to marry another man. Her first husband may remarry her with a new contract, if they both choose that option. If he does, and he then again divorces her, he may “take her back” her within the three menstrual periods, and this will be two divorces and returns. After two divorces and returns, if he divorces her a third time this is called the final and separating divorce wherein they are not allowed to remarry unless she waits the specified time of three menstrual cycles and then freely marries a different man with no intention of availing herself to this means in order to be able to lawfully marry her previous husband. If, for any reason, she becomes divorced from that man, only then, and on the condition that no shady pre-arranged dealings were made to circumvent this rule, can she re-marry her first husband. All these measures are designed to help protect the family and sanctity of the marriage bond, and the rights of the man and the woman. The waiting period is to determine that she is free from pregnancy. In case of pregnancy, the woman has to wait until after delivery before she marries a second husband.

Divorce is ultimately allowed in Islam to escape from any harm caused by the irreconcilable differences. It may become necessary in certain cases. There are strict rules about divorce to protect the interests and rights of the parties involved: the husband, wife and children. Some of them have been mentioned above.

Divorce might be forbidden in the case where it would not solve the problem and cause undue harm to one of the two marriage partners, without achieving a needed benefit.

Islamic jurisprudence obligates that in order to avoid divorce, solutions should be sought when critical disputes and differences occur between husband and wife; Allah, the Exalted, states in the Glorious Qur’an:

“And if a woman fears cruelty or desertion from her husband, there is no sin on both of them if they make terms of peace between themselves; and making peace is better.” [4:128]

Allah, the Exalted, also says:

“If you fear a breach between them appoint two arbitrators, one from his family and the other from her family: if the two of them both wish for correction, Allah will cause their reconciliation. Indeed, Allah is Omniscient and Well-Acquainted with all things.” [4:35]

One of the most natural and logical ways to help maintain a successful marriage is to let the man have more control over the divorce process than the woman because it is the man who is financially obliged to take care of his wife, household and family, and has ultimate responsibility of their welfare. Therefore, he must rationally assess the situation, grave consequences, and huge financial and emotional loss that will result from a divorce. The husband will lose the dowry he spent for the marriage, and will have to pay the alimony and child support, as well as any newly acquired expenses from a new marriage on top of that. Thus, with all these considerations, he will not act just out of quick anger, fickleness or passing emotion.

A man is more capable at least theoretically of controlling his flitting emotions and personal reactions when upset about the smaller issues in life, especially in terms of disputes with his wife. Divorce should never be a quick reaction for some suffering, misunderstandings, or differences of viewpoints, but only as a last resort and final solution when life becomes dangerously problematic and intolerable, wherein both spouse are afraid that they will not be able to abide by the limits set by Allah and His Prophet about respectable behavior with one another.

Islamic jurisprudence permits the wife to have her marriage nullified upon her request if the husband abuses her physically or verbally. She is also entitled to have the marriage nullified for the following general reasons:

1. a) if the husband is impotent and cannot perform his marital duties.
2. b) or if the husband for any reason, refuses to have sexual relations with his wife and fulfill her lawful needs.
3. c) or is afflicted with a disabling terminal illness after the marriage.
4. d) or contracts any type of venereal or reproductive disease that may harm the wife or make her lose her desire to be with her husband. Thus, we see that the woman is given the right to seek separation from her husband for legitimate reasons in many situations, exactly as the man has the right to seek divorce. If a wife reaches the extreme limits of patience and abhors her husband, feeling that life is unbearable, then she has the right to divorce. This form of divorce is called annulment, or “Khul’a”, wherein she pays compensation by returning her dowry or some other property. A competent Muslim judge will look into the individual case if the husband refuses to accept the wife’s request and if the request is considered sound and valid, will pass a judgment in favor of the woman.

On Honor Killings

In some traditional and tribal custom based societies, custom gives the male such a dominant role that if the honor of his womenfolk are perceived, even without proper verification, to have been violated by an action of promiscuity on her part, the man kills her to protect his honor. This situation has been hyped up in the media because some unscrupulous people who continue to do this and others who allow it to continue.

The answer to this is simple. To begin with, people are not allowed to take the law into their own hands and punish in this manner based on unverified accusations of promiscuity, as the rules of testimony in Islam are very strict. Therefore, this is a direct violation of the Islamic law. If the court assesses the case as an outright premeditated murder, after considering all circumstances and receiving proofs conclusively, it becomes punishable by the Islamic law of equity and retribution in cases of premeditated murder. The unfortunate reality is that because secular laws are in place in these countries, and because politicians appease tribal and other leaders for political advantages, these unjust customs are allowed to continue. If the Islamic laws were established and executed, the severe punishments for fornication, adultery, murder, etc, would satisfy the Muslim population; that justice has been done, and this would curtail the sense of vengeance that one needs to have recourse to.

On Hijab (covering head)

 This issue has been sensationalized in the media, especially in some secular countries like France and Turkey which seek to make illegal the wearing of the Muslim headscarf or face veil in public places. We will not delve into all the details of the issue but, given the information above and some additional information below, we will let the readers judge for themselves whether or not the modest clothing and covering of the beauty and adornments of women, mandated in Islamic scriptures, is only for her own honor and protection, or not.

Allah says:

 “O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (and/or veils) over their bodies. That is better that they should be known so as not to be annoyed and molested. Allah is Ever Oft- Forgiving, Most Merciful.” [33:59]

This verse clearly states that the reason the woman is obligated to cover herself is to distinguish her to be identified as a respectable Muslim lady, to avoid the annoying glances and glares of the men. As we all know, provocative clothing urges some men to make advances, and expose women to molestation. This may be encouraged and marketed in some societies, but not among the respectable faithful Muslims.

All protective measures should be taken to guard women from excess temptation, which are explained in Islamic jurisprudence. Some of them are related to the women’s attire like loose fitting body wrapping, head covering, and according to the authentic interpretations of the scriptures of the Qur’an and Sunnah, the face veil.

Allah also said:

 “And tell the believing women to lower their gaze and guard their private parts and not display their adornment (and beauty), except that which appears thereof (ordinarily) and to draw their coverings over their chests and not display their adornment except to their husbands, their fathers, their husband’s fathers, their sons, their husband’s sons, their brothers, their brothers’ sons, their sisters’ sons, their women, that which their right hands possess (their slaves) or those male attendants having no physical desire, or children who are not yet aware of the private aspects of women. And let them not stomp their feet to make known what they conceal of their adornments. And turn to Allah in repentance, all of you, O believers that you might succeed.”[24:31]

This verse indicates those males who are categorized as “mahram,” as mentioned above, and designates that men and women should lower their gazes in modesty, which is the best self-protection from natural temptations and mutual attractions that occur between the opposite sexes.

And Allah says, indicating the provocative manners with which the women of pre-Islamic era used to walk about, and calling the believers to appropriate behavior and repentance:

“And stay in your houses, and do not display yourselves like that of the times of ignorance, and establish regular prayers and give obligatory charity and obey Allah and His Messenger. Allah wishes only to remove impurity from you, O members of the family (of the Prophet), and to purify you with a thorough purification. And remember (O you the members of the Prophet’s family, the Graces of your Lord), that which is recited in your houses of the Verses of Allah and Wisdom (i.e. Prophet’s Sunnah ). Verily, Allah is Ever Most Courteous, Well-Acquainted with all things. Verily, the Muslims men and women, the believing men and women, the obedient men and women, the truthful men and women, the patient men and women, the humble men and women, the charitable men and women, the fasting men and the women, the chaste men and women, and the men and the women who remember Allah much with their hearts and tongues; Allah has prepared for them forgiveness and a great reward (i.e. Paradise). It is not for a believing man or woman, when Allah and His Messenger have decreed a matter, that they should have any option in their decision. And whoever disobeys Allah and His Messenger, he has indeed strayed in a clear error.” [33:33- 6]

We can see that Islamic regulations, although similar to many other cultures where modest dress and behavior is concerned, are yet unique to the highest standards of the Muslim identity of chastity, righteousness, and moral uprightness. Islam protects and safeguards the individuals and the society from awkward situations of unnecessary intermingling between marriageable males and females leading to natural temptations.

The Messenger of Allah said in an authentic tradition:

 “Verily for every religion there is a characteristic, and the characteristic of Islam is Hayaa (modesty, shyness, bashfulness).” [Ibn Maajah #4172 and verified]

REFERENCE:

Book: “Women in Islam & Refutation of some common Misconceptions”
by Dr. Abdur Rahman bin Abdul Kareem Al- Sheha

Translated by: Abu Salman Deya ud-Deen Eberle.