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1. shabeer

   May 12, 2014 | Log in to Reply

   How substantial is the allegation that the social setup envisioned
   by the Qur’an is a male dominated one?
   This is a baseless allegation. Certainly, it is the Creator of man
   and woman who is best aware of their natures. On giving a little thought
   it will become clear that the moral system recommended by the Lord
   God can never be the cause of the overlordship of one group to the
   detriment of the other. The problem is then not of the moral system as
   such. It is more a problem of the type of criterion that is used to
   measure it.
   The Qur’an teaches that it is the cooperation and mutuality
   between man and woman which works as the foundational basis for
   the very existence and furtherance of the institution of the family.
   Indeed, the Qur’an formulated laws on the ground that to ensure the
   permanence of any moral code it is necessary that the institution of
   the family is itself manifested in good order. It is possible, however,
   that those who believe in the ideology of the necessity of the collapse
   of the family, will find the Qur’anic laws unacceptable. But those
   who think over the existence of human society which is grounded in
   morality can never say that even one among the Qur’anic laws is in
   favour of male domination.
   The Qur’an teaches that in the preservation of the solid edifice
   of the family, both the man and the woman are to play their respective
   roles. It is from this foundational basis that the Qur’anic laws
   concerning their rights, responsibilities and duties emanate. The
   Qur’anic vision with regard to man and woman may be summarised
   as follows:
   One : Both man and woman originated from the same soul.
   They are like the two sides of a coin. Although both are independent,
   it is their mutuality which gives each its fullness.
   Two : Neither can a woman be like a man nor a man be like a
   woman. Each has its very own different, yet, potentially mutual,
   existence.
   Three : Both man and woman have then rights. However those
   rights are to be attained not through violence. It must be through mutual
   cooperation.
   Four : Both have their respective duties. It is only by virtue of
   fulfilling these duties that both the individual and the society can survive.
   Five : It is against the very law of nature for a man to undertake
   the responsibilities of a woman and for a woman to try to fulfill those
   of a man. Each has to perform its own duty.
   Six : It should not be at the expense of the other’s rights that
   each seeks to fulfill one’s obligations and enjoy one’s own rights.
   What is the Qur’anic idea of the woman ?
   This is a very pertinent question Whatever the organization, in
   the final analysis we see that it will be its theoretical underpinnings
   that will ultimately have a bearing on its laws and recommendations.
   As far as the woman is concerned, the source of the Islamic
   recommendations on the subject lies in the answer which the Qur’an
   provides to the question as to what a women really is.
   It is the Qur’anic position that like the man, the woman, too, is
   the most special creation of the Lord Creator.
   “O mankind! Fear your Guardian Lord, Who created you from
   a single Person, created, out of it, his mate, and from them twain
   scattered (like seeds) countless men and women; fear Allah, through
   Whom ye demanded your mutual (rights), and be heedful of the wombs
   (that bore you): for Allah ever watches over you.” (H.Q. 4:1)
   Here the Qur’an has indicated the fact that both man and woman
   have been created from a single soul; that both man and woman are
   but two aspects of the same soul. It is only when these two aspects
   are joined together that a completeness becomes possible. Or that it is
   only in the mutual cooperation between man and woman that life
   become wholesome. Indeed, the well spring of all love and compassion
   that exists in a man-woman relationship is to be found in this
   cooperation. It is the Qur’anic view that the love and compassion that
   exists between life partners is but one among the many signs of God.
   “And among His Signs is this, that He created for you mates from
   among yourselves, that ye may dwell in tranquility with them, and He
   has put love and mercy between you (hearts): Verily in that are signs
   for those who reflect.” (H.Q. 30:21)
   The Qur’an does not accord recognition to the division that is
   based on gender. However, it does reject the idea of the equality of
   the sexes as well. In its view, it is impossible that man be equivalent to
   woman or that woman be the equal to man. To strive to conform to
   such an idea would then be against nature herself. The Qur’an has
   placed man and woman on that position which nature itself has assigned
   to them. A position that is not inferior or equal to that of the man – this
   is the position which nature has bestowed upon the woman. Islam, the
   religion of nature, too, has conferred the same position.
   Patriarchial systems speak to the woman of her obligations while
   to the man they speak of rights. Is this not evident in the Qur’an
   also?
   No. The Qur’an speaks to both man as well as to woman
   concerning their duties and rights. “Divorced women shall wait
   concerning themselves for three monthly periods. And it is not lawful
   for them to hide what Allah hath created in their wombs, if they have
   faith in Allah and the Last Day. And their husbands have the better
   right to take them back in that period, if they wish for reconciliation.
   And women shall have rights similar to the rights against them,
   according to what is equitable; but men have a degree over them and
   Allah is Exalted in Power, Wise.” (Qur’an 2:28). This is the clear and
   unambiguous statement of the Qur’an. How then can it be said that
   the Qur’an, which contains this declaration is the creation of a
   patriarchial system? In reality, there is no other religious text, like the
   Qur’an, which deals with the rights of the woman in so clear and
   exhaustive a manner.
   If the impact of the rights which the Qur’an allowed – nay,
   achieved – for the woman is to be fully appreciated, the position of the
   woman during the time of its revelation must first be understood. Greek
   philosophers considered woman to be the very personification of the
   devil. The Roman law was such that it granted complete freedom for
   the male to even murder his wife. The Indian woman was given the
   religious advise to immolate herself at the funeral pyre of her husband.
   The attitude of the Jews towards the woman, the cause of sin, was
   most cruel. No better was the case of Christianity which followed in
   the footsteps of the Jewish religion. Even as late as the 16th century,
   the subject of discussion amongst the church fathers was the question
   as to whether or not woman did possess a soul. As for the Arabia
   before Prophet Muhammad (e), the condition of the woman there
   was even worser off. She was not even allowed to have the right to
   live. It was a society which was ever ready to bury alive the infant if
   it was a female. It was in such a social context that the Qur’an first
   began to speak on the rights of woman.
   The rights accorded to woman by the Qur’an may be summarized
   as follows :
   1. The right to live. The Arabs were a people who, on knowing
   that one’s wife had delivered a female child, contemplated killing it
   (Qur’an 16:59). The moral level of contemporary society, which, through
   modern technological devices, identifies the sex of the embryo and on
   learning that the child to be born is a female, one resorts to killing it in
   its embryonic stage itself, is hardly above that of the Arabs of primitive
   times. The Qur’an criticizes that narrow- mindedness which would
   not permit the girl child to live. (Qur’an 16:59, 81:9). It declares that
   like man, she, too, has the right to birth and to life.
   2. The right to own property : The Qur’an has given the woman,
   like the man, the right to earn wealth. The view of the Qur’an is that all
   her earnings, whether it be through her personal efforts or by way of
   inheritance, belongs to her and to her alone. None, not even the husband,
   has the right to take anything, whatsoever, of her earnings without her
   explicit permission. “And in no wise covet those things in which Allah
   hath bestowed His gifts more freely on some of you than on others: to
   men is allotted what they earn; But ask Allah of His bounty. For Allah
   hath full knowledge of all things.” (Qur’an 4:32)
   3. The right to inheritance : It is the Qur’anic recommendation
   that daughters, too, have a share in the wealth of their parents. In
   reality, no other religious scripture has declared the right to inheritance
   of the woman. Even in Europe, which boasts to be very civilized, the
   right to inheritance for women was recognized and put into effect only
   since the last couple of centuries. The Qur’an had, however, declared
   and brought into effect the law fourteen centuries ago that women
   had the right to inheritance. “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 large – a determinate share.” (Qur’an
   4:7)
   4. The right to choose a mate : Islam recommends that while
   putting forth marriage proposals, the likes and dislikes of the woman
   must be seriously considered. None, not even the father, has the right
   to marry off his daughter to a person whom she dislikes. Prophet
   Muhammad(e) had said, “The widow is not to be given in marriage
   without her consent. The virgin is not to be given in marriage without
   consulting her for her acceptance. Her silence constitutes her
   acceptance” (Bukhari, Muslim)
   5. The right to education and free thought: The Qur’an’s view is
   that women have the right to education and free thought. This view is,
   however, not restricted to mere advice. The Prophet had practically
   demonstrated this. The great yearning for knowledge exhibited by the
   woman who followed the Prophet is universally acknowledged. For it
   can be seen from the history of the times that women used to always
   approach the Prophet and his wives to acquire knowledge. Indeed it is
   seen in the hadith reported by Imam Bukhari that the Prophet had set
   aside one day for his discussions with them.
   6. The right to criticize: Islam provides the woman with the
   right to criticize and question. The incident wherein quoting from the
   Qur’an a woman once criticizes the Caliph Umar when he prepared to
   control the value of Mehr as men were finding it difficult to pay their
   due to the constant increase in its value and wherein he corrected
   himself saying: “Everybody – even an old woman – knows better than
   Umar.” (Muslim), is quite well-known.
   The first verses of Surah Mujadilah (Those who question) were
   revealed in response to the questions put by a woman companion who
   argued with the Prophet concerning the traditions of lihaar which
   prevailed during the time of Jahiliyyah. This makes it quite clear that
   even women were permitted to discuss matters freely with the Prophet
   when it came to the issue of their rights. It is especially relevant that at
   no point in these verses has the argument raised by the woman been
   frowned upon.
   7. The right to take part in social activities: Although it is only
   natural that men take part in politics, Islam has granted the freedom to
   participate in matters pertaining to the nation to the woman also. Islam,
   however, does not compel women to take part directly in the campaigns
   for freedom of belief. But Muslim women did take part in helping out
   those who were fighting in the field of battle. History does give us
   accounts of woman-companions of the Prophet who proceeded to the
   battlefield accompanying the men, prepared food for them, distributed
   water and nursed the wounded. There has been in Islamic history
   even those precious few who, under dire circumstances, went with
   the men to very thick of the action on the battle field. Indeed, it was
   Ayesha, the Prophet’s wife, who led her side in the Battle of the Camel
   which transpired as a result of the contention , and the opposition to it,
   that Ali was not to be elected as Caliph until the assassins of Caliph
   Usman were apprehended and punished.
   8. The right to dower: It is the right of the woman being married
   to recieve Mehr. The woman has the right to demand the Mehr of her
   choice through her guardian. It is the duty of the man to give this
   dower. The dower which is given to her is then considered as the
   wealth of the woman. None can take from it except with her permission.
   “And give the women (on marriage) their dower as an obligation; but
   if they, of their own good pleasure, remit any part of it to you, take it
   and enjoy it with right good cheer.” (H.Q. 4:4) – this is the
   commandment of the Qur’an.
   9. The right to divorce: The woman has the right to get a divorce
   under circumstances wherein she becomes unable to live with her
   husband. The divorce from the woman’s side is referred to by the two
   terms Khul’a and Fasq. The first is the divorce wherein the dower is
   also to be returned while the second is the one in which it is not
   returned. In any event, Islam does not force the woman to live with
   a husband whom she does not like. Under compelling circumstances,
   she can recieve a divorce.