Scientific
discourse about Woman
Contents:
It is well known that
Islam - and we should not forget that it is Allah who legislated
it - did not base its laws on experiments, like all other laws.
Yet, we are sometimes obliged to look at the rules, laws and customs
of modern and even ancient peoples, so that we may rationally
judge the shari’ah of Islam. We have to look at the felicity
of the human races and then see whether other customs and laws
fulfill the requirements of humanity or not. In this way, we may
see the difference between Islamic and non-Islamic rules, and
appreciate the living and powerful spirit of Islam in comparison
with others. That is why we refer to the history of nations and
societies, and describe what they have to say on particular subject.
Accordingly, we should
discuss the ideas and ideals of Islam about the following.
1. The identity of woman
and the comparison of it with the identity of man.
2. Her value and importance
in society - so that we may know what influence she had and has
in human life.
3. Her rights and the
laws made about her.
4. The foundation of
the above-mentioned laws.
But before we discuss
the above subjects from the Islamic point of view, it is necessary
to look at history and see what her life was like before the advent
of Islam, and what treatment has been accorded to her by non-Muslim
nations - both civilized and uncivilized - until now. It is not
within the, scope of this book to go into the detail of these
subjects; but a short review will not be out of place.
THE
LIFE OF WOMAN IN UNCIVILIZED NATIONS
In uncivilized tribes
and nations - like the tribes of Africa, the aboriginal of Australia,
the inhabitants of the Pacific Ocean islands, the Red Indians
of America, etc., a woman's life in comparison with a man's life
was exactly like the life of a domestic animal as compared with
the life of a human being.
Because of the natural
instinct of exploitation, man believes that he has a right to
possess cattle and other domestic animals, and to use them as
he wishes and in any work he likes. He makes use of their hair,
wool, meat, bones, blood, hides and milk; they serve him as a
guard and watch; they are exploited even for breeding and procreating;
their offspring and their profit serve the purpose of man; they
carry his burden, are used in agriculture and hunting and satisfy
the need of man in countless other ways.
These animals have no
say at all about their own necessities of life and their desires,
like food and drink, living space, their sexual urge, and the
rest. It is only their owner who provides them with these items
according to his own wish. And he would never wish but what is
beneficial to himself through those animals. If we were to look
from the eyes of that animal at the arrangements made by man we
would surely be alternately amused and enraged at his high-handedness;
we would find an animal being persecuted without any fault, another
one crying for. help without anyone paying any heed to it, a third
one oppressing others without any hindrance; we would see one
living a blissful and enjoyable life without doing any work to
deserve it, like the stallion or the bull kept for breeding, which
lives a most happy life according to its own view; and would find
others living a distressed and difficult life without having committed
any sin to deserve such a punishment, like a donkey which carries
loads heavier than itself and the horse in the mill.
Such animals do not
have even the right of life. The owner believes that it is he
who has the right of their lives. If someone kills a horse, he
is not charged with the murder of that horse, he is only accused
of destroying the property of the owner. It is because man thinks
that the animal's existence is an appendage to his own existence,
its life is an offshoot of his own life; and that its status is
that of a hanger-on.
The position of a woman
vise-e-vis a man in these tribes and societies is exactly the
same. According to their belief, woman was created for man. She
was her man's appendage even in existence and life.
It was the father who
owned her so long as she was not married, and the husband assumed
that right soon after marriage.
The man could sell her,
gift her away or loan her to some other man for the purpose of
cohabitation, procreation, or service, etc. He could mate out
to her any punishment he decided upon, even the death penalty.
He could abandon her, without caring whether she would die. He
could kill her to feed on her meat, especially in feasts and during
famine. All the properties and rights of the woman belonged to
the man; only he, and not she, could enter into dealings - selling,
buying, accepting, rejecting - on her behalf.
And the woman was duty-bound
to obey the man - her father or husband -- whether she liked it
or not; she was not expected to act independently even in her,
let alone his affairs. It was her duty to look after the house
and the children and make sure that the man's whims and desires
were properly satisfied. When there was work to do, she always
got the hardest, like carrying heavy load on her back, digging
the earth, etc., and from vocations and handicrafts her share
was the lowest and the most worthless. Things got bad to such
extent that in some tribes a woman, after giving birth to a child,
had to get up at once and engage herself in household drudgery,
while the man lay on her bed convalescing and getting treatment
for himself.
These were her rights
and her duties. Every tribe and society had its own special rules
and characteristics according to its habit and habitat; anyone
interested should study the books written on this subject.
[Top]
WOMAN
IN PRE-ISLAMIC CIVILIZATIONS
Now we come to those
nations who lived under traditional well-defiined customs which
they had inherited from their forefathers, and which were not
based on any book or codified law. Such were the people of ancient
China, India, Egypt and Iran.
In all these civilizations
the woman had no independence or freedom, either in her intentions
or her actions; she was totally under the guardianship and mastership
of man. Neither could she decide on anything concerning herself,
nor had she any right to interfere in civilian affairs like the
government, the judiciary, etc.
It was her duty to participate
with man in all the responsibilities of life, like earning a livelihood.
In addition, it was her exclusive duty to look after domestic
affairs and the children. She had to obey her man in all his orders
and desires.
On the whole, a woman
in these societies was in a better position than her sisters in
uncivilized nations. She was not killed4 and her meat was not
used in feasts. She was not entirely deprived of the right to
property; she owned to a certain extent what she got from inheritance
or marriage, though she could not administer it independently.
The man had the right to take, as many wives as he desired, and
to divorce whomever he wished. The husband could marry after the
death of his wife, but in most cases the widow had no such right;
and mostly she was forbidden to participate in society beyond
her door-step.
Each of these civilizations
had some particular customs. The class system in Iranian society,
gave women of the upper class a right to participate in government
and state and to succeed to the throne. Also it recognized as
valid a marriage with women having close affinity, like the mother,
daughter or sister.
In China, marriage was
a sort of servitude for woman. The husband almost purchased and
owned her. She had no right in inheritance and could not eat with
men, not even with her own sons. Polyandry was allowed; many men
jointly married one woman, and shared her among themselves, and
the chiwas affiliated in most cases with the strongest husband.
In India, she was completely
an appendage of the man. She was not allowed to remarry after
the death of her husband - she would be burnt alive with the body
of the deceased husband; otherwise she would live in disgrace.
During her monthly period she was treated as the dirtiest thing;
even her clothes could not be touched by others.
In short, the status
of women in these nations was something between a human being
and an animal. She was treated as a minor child under his guardianship;
but unlike the child, she was never thought fit to be free from
the yoke of her man's guardianship. [Top]
WOMAN
IN SOME OTHER CIVILIZATIONS
There were some other
nations who lived under, and were governed by, a codified law
or book, like the Chaldeans, the Romans and the Greeks.
The Chaldeans and the
Assyrians followed Hammurabi's Code, which made the woman an appendage
of her husband; she was not independent in her decision or action.
If the wife disobeyed her husband in any way, or decided independently
on anything, the husband could turn her out of his home or could
bring in another wife degrading the offending wife to concubinage.
If she made any mistake in household management or exceeded the
limits of the domestic budget, the husband could lodge complaints
before the judge and on being found guilty she could be drowned
in water.
The Romans were the
first to enact civil laws. The earliest laws were made four centuries
before the Christian era; and were gradually completed and perfected.
The Roman law gave some freedom to the woman in her own affairs.
The master of the house, that is, her husband and the father of
her children, was vested as, a sort of godhead; he was worshipped
by the people of his household, as he, in his return, worshipped
his forefathers and ancestors. He had full authority and decisive
will in all that he desired and ordered concerning his family
- he could kill them, if he so wished, without anybody lifting
a finger to restrain him. The females of the family - wife, daughter
and sister - were in a worse condition than the male members,
even than their own sons. The women were not a part of society;
their complaints were not heard, their dealings were not recognized
and they could not interfere in social affairs. But the men, like
brothers and sons, even the adopted ones (adoption and affiliation
of children to other than their real fathers was a common practice
in Roman society as well as in Greek, Iranian and Arabian) could
be granted independence in their affairs by the master of the
house.
The females were not
a part of the household. The men were the members of the family,
and the women were their appendage. Any formal relationship, giving
the right of inheritance, etc., was reserved for between the males.
The women had no formal relationships - neither between themselves
like mother with daughter, or sister with sister, nor between
themselves and the men like wife with husband, mother with son,
sister with brother or daughter with father. And there was no
mutual right of inheritance except where there was the formal
relationship. Of course, the natural relationship was not denied,
and some consequences of that half-hearted acceptance were the
prohibition of marriage between close relations in many societies,
and the guardianship of the master of the house over her women.
In short, woman, in
their eyes, was a parasite., completely dependent in her social
and domestic life; the rein of her life and her will was in the
_hands of the master of the household - her father if she was
with him, or husband if she lived with him, or others. The master
could do with her whatever he wished, and decide about her as
he thought fit. He sold her, gifted her away, loaned her to others
for sexual enjoyment, gave her in repayment of debt, rent or taxes.
He punished her by beating and even killing her. He had the authority
to administer her property if she got hold of any through marriage
or if she earned it with the permission of her master; but not
through inheritance be cause she had no such right. Her father
or other male relatives gave her in marriage and her husband had
the right to dissolve the marriage.
The custom of the Greeks
in the composition of the household and the mastership of the
males was almost identical with the Romans. Their social and domestic
organization was made up of the males; the females were their
dependants. They had no independence in their will or action except
under the guardianship of men. But there was a surprising contradiction
in that system: if there was any decision to be taken against
the woman, she was treated as an independent person, and if there
was any judgement in her favor, she was a dependant of men - provided
such orders were of benefit to the men. Thus, the woman was punished
for all her faults and crimes as though she were independent,
but she was never rewarded for her good work except under guardianship
of her man.
This shows that these
legal systems did not think that woman was a part of human society,
not even a weaker part dependent on others; instead, they treated
her as a harmful bacterium which disturbed society and damaged
its health; but there was the unavoidable reality that she was
needed to continue the human race; therefore it was necessary
to look after her. Even then she should be punished if she made
a mistake or committed a crime; and her rewards should be given
to the man when she did a good work. She was not to be left to
do as she liked; otherwise, society would come to harm. In this
she was like a powerful enemy who has been defeated, caught and
enslaved; he lives his long life under duress; if he does any
wrong he is punished, but if he does a good deed he is not thanked.
As society, according
to their thinking, was made up of the men only, they believed
that the progeny in reality consisted of male children only, and
the family could continue only when there was a male child to
carry it on. This belief was the basis of the system of the adoption
of sons. The house which had no male child was thought to be ruined,
and such a family was deemed extinct and dead. No wonder then
that they had to adopt others' sons as their own to save the family
from extinction. Such adopted sons were treated as legitimate,
legally recognized sons, having mutual rights of inheritance,
and subject to all the rules and customs concerning natural sons.
When a man thought himself to be sterile, he brought one of his
relatives like a brother or a brother's son to sleep with his
wife, so that she could conceive by that relative, and the son
born thereof would be called his own son, and the family would
continue.
Marriage and divorce
in Greece was like the Roman system. They could marry more than
one wife, but only one of the wives would be offiicially recognized;
others were unofficial. [Top]
WOMAN
IN ARABIA: THE ENVIRONMENT IN WHICH THE QUR'AN WAS REVEALED
The Arabs lived in the
Arabian peninsula, an infertile land with an extremely hot climate.
Most of them belonged to nomadic tribes far away from any civilization;
they lived on raid and plunder. Their neighbors were Iran on the
one side, Rome (the Byzantine Empire) on the other and Ethiopia
and Sudan on the third.
As a result of this
geography, most of their customs and traditions were barbarous,
and traces could be found in them of some Roman and Iranian traditions,
as well as some Indian and ancient Egyptian customs.
The Arabs did not accord
any independence to the woman in her life; nor did she have any
honour or dignity except that of her family. She was not entitled
to inheritance. A man could marry as many wives as he desired;
there was no restriction on divorce. Daughters were buried alive.
This wicked custom was started by Banu Tamim when many of their
daughters were made captive after a war against Nu'mân ibn Mundhir.
This disturbed them very much and they started burying their daughters
alive. Gradually the practice was adopted by other tribes. When
a daughter was born, the father thought it a disgrace and hid
himself from others' eyes. On the other hand, his joy knew no
bounds when he gonews that a son was born - the more the better,
even if the son was an adopted one. They gladly affiliated to
themselves the son born as a result of their adultery. Sometimes,
when many people slept with one woman in one month and a son was
born, every one of them claimed him for himself and often than
not, this led to dispute and conflicts.
Even then, it was seen
in some families that their women had some freedom, and especially
the daughters were free in matrimonial affairs, their consent
and choice was respected and accepted. In this they were influenced
by Iranian upper class society.
Anyhow, their treatment
of women was a mixture of the civilized systems of Rome and Iran
(not giving them any independent rights, not allowing them to
participate in public affairs like government and war, except
in exceptional cases) and the barbarous systems of primitive nomads.
The women were deprived of many human rights, but not because
the master of the house was a sacred person deserving to be worshipped.
It was simply a matter of the stronger party subjugating and exploiting
the weaker one.
So far as worship was
concerned, all of them (men and women both) worshipped idols,
as was also done by the as-Sabi, the worshippers of stars etc.
Every tribe had its own idol made according to its liking and
preference. They also worshipped the celestial bodies and the
angels (whom they thought to be the daughters of Allah!) and made
idols representing them according to their own fancy. The idols
were made of various materials, often of stone and wood, though
Banu Hanifah are reported to have made their idol from flour.
They worshipped it for a long time, then came a time of famine,
so they ate it. A poet says about it.
The (tribe of)
Hanifah ate its lord, At the time of hardship and famine.
They did not fear
their lord, About (its) evil consequences and effect.
Sometimes they worshipped
a stone; then if a more beautiful stone came to hand, the first
one was thrown away and replaced by the second one. If nothing
suitable was found, they took a double handful of earth, brought
a sheep or goat and milked it over that mound of earth. Then they
started going round it and worshipping it.
Such deprivation and
misery created in woman's mind a weakness which made her an easy
prey to superstition and credulity. Books of history and anthropology
have recorded how she fell into error whenever she tried to explain
natural phenomena and simple events.
This in short, was the
condition of woman in human society in various eras before the
advent of Islam. It may be seen from above that.
First: Men thought
that women were human beings, but on the level of dumb animals,
or with very weak and low grade human qualities, who could not
be trusted if set free. The first was the view of primitive people,
and the second, of others.
Second: Society
did not accord her the status of a member; and she was not considered
an integral part of humanity. For primitives, she was one of the
necessities of life like a home and accommodation. For civilized
people, she was a captive and dependant on her masters who took
advantage of her labor and always remained alert lest she escaped
or cheated.
Third: Both types
of societies deprived her of all common rights; she was given
only that much which was necessary for her exploitation by men.
Fourth: They
treated her as a strong person treats a weakling. In other words,
the basis of their dealings with her was exploitation. In addition,
civilized nations believed that she was a weak human being, incapable
of independently looking after herself, and who could not be trusted
in any matter.
Different nations and
tribes had different ways, and sometimes customs and beliefs were
mixed; also there were variations in the degrees and grades of
the above treatment. [Top]
WHAT
ISLAM BROUGH FOR WOMAN
Woman had to
undergo patiently the above-mentioned treatment, which imprisoned
her in the dungeon of humiliation and disgrace. Consequently,
weakness and inferiority became her second nature; she was brought
up in this environment and lived and died in it. Ultimately, the
word 'woman' became synonymous with 'weakness' and 'insignificance'
- not only in the conversation of men but even in the language
of women themselves.
Look at any society,
primitive or civilized, and you will find adages and proverbs
reflecting on woman's feebleness and unimportance. Take any two
or more languages of different origins and unrelated developments,
and you will find one thing in common: allegories, metaphors and
similes connected with the word 'woman' to scold a coward, to
rebuke a weakling and to chide a contemptible and despised person.
An Arab poet said.
I do not know (and
would that I knew), Whether the family of Hisn are people or women.
Such expressions may
be seen in hundreds and thousands in every language.
These idioms and expressions
were enough to show what human society believed about women, even
if there were nothing recorded in the books of history and culture,
because the ideas and ideals of a nation may clearly be gleaned
from its language.
The only thing showing
any consideration and care towards her is found in a few sentences
of the Torah and in the admonition of Jesus to have mercy on her.
Then came Islam, the
religion of truth and monotheism, accompanied by the Qur’an. Islam
originated and initiated in her favour a system which the world
had never known before, from the early dawn of humanity. It set
forth straight away against the dictum of the whole world, and
rebuilt, for her, her natural place, which the world had completely
destroyed, from the very beginning. It cancelled and dismissed
as baseless their belief about her identity and their practice
concerning her treatment.
HER IDENTITY: Islam
declared that woman is as much a human being as man is. Every
person, male or female, is a human being, whose substance and
ingredients combinedly originate from two human beings - one male
and one female, and no one has any superiority over the other
except through piety. Allah says: 0 you people! Surely We have
created you of a male and a female, and made you nations and tribes
that you may recognize each other; surely the -most honorable
of you with Allah is one among you who guards (him/her self)
most (against evil); surely Allah is Knowing, Aware
(49:13). Allah clearly says that every human being' originates
and is made from two human beings, a male and a female, and they
both jointly and in equal degree are the source of his existence;
and everyone, male or female, is a combination of the substances
taken from those two. Note that Allah did not say as the Arab
poet had said: "And surely the mothers of the people are
but receptacles". Nor did He say like another poet.
i Our sons are (those
who are) the sons of our sons; and as for our daughters, Their
sons are the sons of distant men.
1 Instead He (Allah)
declared that every one was created from both male and female.
All were, therefore, similar to each other. There could be no
declaration more complete and more appropriate. Finally, He declared
that being a male or a female or being born in a certain family
or tribe is not the criterion of superiority. Superiority originates
only from piety.
Also, Allah has said:
. . . that I will not waste the work of a worker among you,
whether male or female, the one of you being from the other .
. . (3:195).
Here it is clearly said
that endeavor is not repulsed and work is not wasted. And why?
Because the one of you is from the other. This verse in this way
clearly says what was implied in the words of the previous verse,
"surely We have created you of a male and a female":
The man and the woman together are a single species, without any
difference in their origin and root. He goes on to say that the
work of anyone from these two groups is not wasted before Allah;
it will not be neglected, nor will its reward be given to another
person; every soul is mortgaged against its own endeavours. It
is not as the people have said, that women were responsible for
their mistakes, but so far as their good work was concerned, its
reward should be given to the men.
Every male and every
female get what he or she does, and there is no superiority except
of piety. The virtues are a part of piety like faith with its
various degrees, beneficial knowledge, balanced wisdom, good character,
patience and forbearance. Therefore, a believing woman (in various
stages of the faith), or a learned and wise one, or one who is
of noble character, will be superior in her own right, and higher
in grade than those men, whosoever, who are not equal to her in
these virtues. Because there is no superiority except of piety
and noble character.
There are other verses
of the same meaning, and rather more clear. Allah says.
Whoever does good,
whether male or female, and he is a believer, We will most certainly
make him live a happy life, and We will most certainly give them
their reward for the best of what they did ( 16:97).
. . . and whoever
does good, whether male or female and he is a believer, these
shall enter the garden in which they shall be given sustenance
without measure (40:40).
And whoever does
good deeds, whether male or female and he is a believer, these
shall enter the garden, and they shall not be dealt with a lot
unjustly (4:124).
And Allah has condemned
their disdain of the daughters in these words (and it is the most
telling condemnation).
And when a daughter
is announced to one of them his face becomes black and he is full
of wrath. He hides himself from the people because of the evil
of that which is announced to him. Should he keep it with disgrace
or bury it (alive) in the dust? Now surely evil is what
they judge ( 16:58 - 59).
Obviously they hid themselves
because they thought that a daughter was a disgrace for the father.
They thought that she would soon reach marriageable age and would
become a toy in the hands of her husband who would use her for
sexual enjoyment - a shameful thing; and this shame would effect
her family and her father; it was, therefore, better to bury her
alive. (The original reason of this custom has already been described.)
Allah severely condemned this practice in these word. And when
the buried alive shall be asked for what sin she was killed (81:
8 -9).
There has remained a
residue of such superstitions among Muslims, a legacy of their
pagan ancestors, which has not been washed away 6om their hearts.
You will see them thinking that illicit sexual relations are a
shame and disgrace for the woman (even if she repents) but not
for the man (even if he continues in that sin); while Islam has
declared that disgrace and evil belongs to the sin in which the
man and the woman were equal partners.
HER VALUE IN SOCIETY:
Islam has made the man and the woman equal in their will and action
so far as the management of their lives is concerned. Allah said:
The one of you being from the other (3:195). She is independent
in her will and intention and independent in her action. The woman
owns the products of her own will and action as the man owns his
own without any difference whatsoever. For her is the benefit
of what she earns, and on her is the responsibility of what she
does.
According to Islam both
are equal; the Qur’an confirms it and Allah shows the truth to
be the truth by His words. Side by side, Islam recognizes two
special qualities in her,' by which the Creator has distinguished
her from the man: First, she is like a tilth for the creation
and propagation of the human race. The species cannot exist without
her. This distinction calls for some special rules concerning
her life. Second, she has a comparatively delicate body and a
sensitive perception. This has a tangible effect on her life and
on the social and domestic responsibilities entrusted to her.
This is her value in
human society - and also the value of the man may be understood
from it. These two distinctions are the basis of all the rules
that are common to both groups and of those that are reserved
for either of the two. Allah says: And do not covet that by
which Allah has made some of you excel others; men shall have
the benefit of what they earn and women shall have the benefit
of what they earn; and ask Allah of His grace; surely Allah knows
all things (4:32). It shows that the contribution made by
each group to society is the criterion of the excellence granted
to it. And it is this excellence which gives special status to
one in comparison to the other. For example, man has been given
preference over woman in the share of inheritance; while woman
has been given preference over man by being exempted from the
responsibilities of maintenance. And no one should covet the preference
given to someone else.
There is another type
of excellence, which results from the deeds of the doer, whoever
he or she might be. For example, the virtues of faith, knowledge,
reason, piety and other admirable qualities. And it is the grace
of Allah, He gives it. to whomsoever He wishes, and ask Allah
of His grace.
The proof of the above
statement is found in the words of Allah, following the above-mentioned
verse: Men are the maintainers of women . . . (3:34).
[Top]
COMMON
AND SPECIAL RULES:
Woman, like man, is
subject to all the rules concerning worship and social rights.
She may act independently in all matter in which man is free to
act, like inheritance, earning, dealings with other people, learning,
teaching, making a claim, defending her rights, and so on. In
all such affairs, Islam makes no discrimination between man and
woman.
Of course, in other
matters it has limited her sphere of activity, because of her
natural characteristics. For example, she may not be made a ruler
or a Qâ01, she is exempted from participation in fighting, although
she may attend the jihâd and be en trusted with its other
responsibilities, like nursing and treating the wounded soldiers;
and she gets half the share of man in inheritance. She has to
hide her body and the places of adornment; she has to obey her
husband so far as his conjugal rights are concerned. To compensate
these burdens, she is exempted from her own maintenance; it is
her father or husband who must maintain her, and they are also
obliged to protect her to their utmost ability, and she has the
right to bring up her children. Islam has also enjoined that her
person and honour must be protected - her name may not be used
in an undignifiied manner. Also, she is exempted from worship
during her monthly period and after delivery. In short, Islam
says that in all conditions and in every way she should be treated
with tenderness and kindness.
What she is obliged
to learn and do, in brief, is as follows: On the side of learning,
she must know the fundamentals of the faith and the commandments
of the shari'ah concerning worship and civil rules. And
on the side of action, she must follow the rules of the religion
and obey her husband by giving him his conjugal rights.
But she is not obliged
to earn her livelihood by any employment, handicrafts or artisanship.
Nor she is obliged to take up the drudgery of domestic work. Similarly,
it is not her duty to burden herself with what is considered useful
for the general welfare of the society, like learning various
disciplines (other than those mentioned earlier) or participating
in useful industries or handicrafts.
She is not obliged to
do so. But if she acquires such extra knowledge or looks after
her domestic arrangements or affairs useful for the society, it
will be regarded as her extra excellence, provided she keeps within
the limits imposed upon her by the shari'ah. It will be
a matter of pride for her. Islam has allowed, nay, encouraged
her to boast of such achievements before her compatriots, although
it has forbidden the men to boast (except in jihâd).
The traditions of the
Prophet support what we have said. Space does not allow full details;
otherwise, we would have, liked to describe how the Prophet lived
with his wife, Khadijah, and his daughter, Fâtimah, as well as
with his other wives; and how he behaved with the women of his
community and what he said and enjoined about women. Also, we
would have quoted the traditions narrated from the Imâms of Ahlu
'1-bayt and their women like Zaynab (d/o 'All), Fâtimah and
Sakinah (ds/o Uusayn) and others, and what they said about wom.
Perhaps we will get a chance to quote some of them in the traditions
connected with the verses concerning woman.
THE FOUNDATION: The
foundation upon which these rules have been built is nature. It
may be understood from the explanation under the heading, "Her
value in the Society". Further, details are as follows.
The scholars of social
sciences will no doubt agree with the premise that the duties
imposed by society should be based upon natural abilities and
demands. It is nature which has led human beings to this collective
social life from the earliest dawn of humanity. Of course, a certain
society may at times deviate from the natural course. As the body,
by deviating from its natural way, looses its health and becomes
sick, likewise, a society, by astraying from natural dictates,
deteriorates into chaos.
Society, healthy or
sick, is thus based on nature; although a sick society has been
contaminated by extraneous and harmful elements during its progress.
This fact has been mentioned,
or alluded to, by scholars of social sciences. And the Book of
Allah, long before these researches, has explained it in the most
excellent style: Our Lord is He who gave everything its creation,
then guided it (20:50); Who created, then made complete, and Who
made (things) according to a measure, then guided (87:2
-3); And (1 swear by) the soul and Him Who made it perfect,
then He inspired it to understand what is wrong for it and right
for it (91:7-8).
These and other such
verses show that all things, including human beings, are guided
to what they have been created for; and that they have been equipped
with what is needed to reach their goal. The blissful life is
that which conforms perfectly with the dictates of nature. It
has been pointed out in these words of Allah: 77zen set your
face uprightly for the (right) religion - the nature made
by Allah in which He has made men; there is no alteration
(by anyone else) in the creation of Allah; that is the
established religion . . . (30:30).
So far as social norms
are concerned, nature demands that all individuals should have
equal rights and duties. It does not approve of giving one more
than his due and oppressing another by depriving him of his rights.
But this equality does not mean that every individual should be
offered every responsibility and every office. It would be wrong,
for example, for a young inexperienced man to be given the place
of a well-experienced official, oc for an idiot to be given the
chair of a professor; or to expect from a weakling the performance
of a strong and brave person. If we treat capable and incapable
persons equally, it will be harmful to both.
What is then the meaning
of this equality? It means that every person should be given his
right and put in his proper place. This equality between individuals
and groups implies that shall get his due rights without any let
or hindrance; no right shall be usurped or denied unjustly. The
following words of Allah point to it.
and they have tights
similar to those upon them in a just manner, and for the men is
(the right) a degree above them . . .
This verse ordains equality
between the rights of both groups at the same time as it shows
the difference between both.
j Both groups, men and
women, share equally in the basic gifts of thinking and will (which
in their turn create free choice). She should, therefore, be equally
free in her thought and will and should have free choice. In other
words, she should be free to look after her life's affairs - as
well as social, except where there is any genuine reason to the
contrary. Islam gave her this freedom and independence in full
measure, as has been explained earlier. She, thus, became, by
the grace of Allah, an independent ~ personality, unfettered in
her will and action by men and their guardianship. She got what
the world had denied her throughout all her existence since the
beginning of humanity and which was unheard of in all her history.
Allah says: There is no blame on You for what they do for themselves
in a proper manner (2:234).
But while sharing these
basic qualities with man, she differs i from him in other ways.
An average woman lags behind an average man in the build of her
body and its basic organs, like the brain, the heart, the veins,
the nerves, her height and weight. (The details may be seen in
any book of anatomy.) As a result, her body is comparatively soft
and elegant, while a man's is tough and rough. And the fine sentiments,
like love, tender -heartedness, and inclination towards beauty
and adornment are more pronounced in her than in man. On the other
hand, the reasoning power is more prominent in man than in woman.
The woman lives a sentimental life; the man an intellectual one.
It was for this reason,
that Islam differentiated between men and women in those duties
and responsibilities which were related to reason and those related
to sentiment. Ruling, judging and fighting have been reserved
for man, because these things are closely related to reasoning
and thinking. And the bringing up of, and looking after, the children,
the domestic management has been reserved for woman. Her maintenance
is the responsibility of her husband, for which he is compensated
by a double share in inheritance.
Look at the division
of inheritance in this way: It is as though inheritance is divided
in two equal shares. Then one-third of the woman's share is given
to the man in lieu of her maintenance. Thus the man gets two-thirds
of the estate and the woman is left with one-third. But the expenses
of her maintenance are not less than that of a man. In this way,
she gets the benefit of the man's two-thirds share in equal measure.
(One-third's benefit goes to her while the man gets the benefit
of the remaining one third.) The net result is that the man gets
two-thirds in species while the woman gets two-thirds in benefit.
Man has been given more to manage, because reasoning is his predominant
characteristic; woman has been bestowed with more to benefit from
and enjoy, because feeling and sentiment is more pronounced in
her nature. (This topic will be explained under the verses of
inheritance.) Then Allah completed His grace and bounty to women
by giving them the concessions and exemptions mentioned earlier.
QUESTION: The above-mentioned
clemency granted in Islam to woman makes her idle. When she is
told to hide herself from strangers and is guaranteed all the
necessities of life (by transferring its burden onto man) she
is bound to become slow, lazy, idle and unproductive; she will
not be able to exert herself in difficult works and professions.
Thus her growth will be retarded and her progress will turn into
backwardness; she will not be able to contribute meaningfully
in making society perfect. And experience is an irrefutable proof
of this aspect.
REPLY: It is one thing
to ordain laws to improve the conditions of humanity; and a completely
separate thing to enforce these laws through exemplary character
and good upbringing (which leads humanity to progress). It was
the tragedy of Islam in the past that it did not get good rulers
and striving guardians. Consequently, the laws were suffocated,
upbringing halted and then turned in the opposite direction. Irrefutable
experience shows that mere theories and beliefs do not produce
the desired result, unless, and until, they are ingrained in the
soul by exhortation and good training and example. The Muslims
in their long history could not take any good example to follow
from their rulers, who usurped full authority over them. Look
at Mu'âwiyah speaking on the pulpit of Iraq after taking over
the caliphate: "I did not fight you to make you pray or fast
- this is your own affair. 1 fought you only to become your ruler,
and this 1 have now become." Also look at other caliphs from
the Umayyid and 'Abbâsid dynasties and other rulers after them.
All of them were of the same type. And had it not been that this
religion gets its light from the light of Allah which cannot be
extinguished (and Allah is to complete His light even if the unbelievers
dislike it), judgement would have been pronounced against the
Muslims long ago. [Top]
THE
FREEDOM OF WOMIN WESTERN CIVILIZATION
There is no doubt whatsoever
that Islam was the first to release woman from her bondage and
to grant her freedom of will and action. All the slogans of the
emancipation of woman raised in western countries are an echo
of the clarion call of Islam. These nations in this matter are
just following the lead given by Islam - even though they have
made mistakes in this endeavour. The principle laid down by Islam
is a perfectly circular ring, and nothing can be added to, or
subtracted from, this circle without disturbing the whole alignment.
These people tried to
improve upon the masterpiece of Islam, and decided to create complete
equality between man and woman in all rights and privileges. This
was done after long agitations and demands. They did not pause
to ponder that woman lags behind man in many powers and faculties.
They explain away the
inherent weakness of the woman by attributing it to the defective
training and upbringing to which she has been subjected since
time immemorial (perhaps, since the beginning of humanity) even
though she was equal to man in all her natural potentials.
But it may be asked
that if the natural potentials of both groups were the same, why
did society since the dawn of humanity decide to oppress her?
Why and how did man succeeded in subjugating her in the first
place? And why has this oppression never changed its course? Western
civilization, in spite of its keen desire to emancipate woman,
has not succeeded in doing so. The data collected show that woman
is far behind man in all those professions and activities which
Islam has reserved for man, like ruling, judging and military
service.
And as to what has been
the fruit of this endeavour, the less said the better. [Top]
A
DISCUSSION ABOUT MARRIAGE AND DIVORCE
Marriage is one of the
fundamental sociological institutions. Mankind, since its very
beginning, has been keeping to it without any disruption. Such
an institution must have been based on the foundation of nature
itself.
Islam has based its
matrimonial laws on the correlation between masculinity and femininity.
There is no need to emphasize that this complementary system created
in man and woman - and it is the most intricate and interrelated
system permeating their whole bodies - was not created in vain
and without purpose. The male by his nature is attracted to the
female and vice versa. And this system has only one goal in sight:
reproduction and the continuity of the race. Marriage is based
on this reality; and all its rules revolve around this axis. That
is why Islam in its matrimonial laws has kept in view the fundamental
principle of sexual interrelation; and on this principle are based
the laws concerning chastity and conjugal rights; exclusive attachment
of the wife to the husband and the rules of divorce and 'iddah;
legitimacy and parentage, the custody and upbringing of the
children; inheritance and other related subjects.
Modern non-Islamic laws
have laid the foundation of matrimony on a co-operation between
husband and wife in their struggle for life. Marriage accordingly,
is a co-operative institution much narrower than other such institutions
like municipality etc.
It is for this reason
that modern laws do not pay any attention to the rules of chastity
etc., which are an integral part of the matrimonial laws of Islam.
This basis, co-operation
in life, has given rise to a vast multitude of social problems
and domestic upheavals. Apart from that, ,1 it is not in conformity
with the realities of creation and nature.
Why does a man want
to join others and co-operate with them? It is because his well-being
depends on countless things and innumerable actions which he alone
cannot get and do. He is by necessity obliged to join hands with
others. Consequently each person co-operates with the others,
dividing labor and work according to their aptitudes. And all
the required work is completed with their joint effort.
This development requires
co-operation between any two persons - it does not specifically
call for co-operation between a man and a woman. Therefore, building
the edifice of matrimony is fundamentally wrong. Nature has based
it on the need of procreation and not on social or domestic co-operation.
Otherwise, there would not have been any need of any special laws
for marriage; the general rules governing association and co-operation
would have been enough. It would negate the virtue of chastity
and fidelity, nullify the concept of legitimacy and affinity,
and abrogate the rules of inheritance - as communism has done.
If we accept this ultimate result of the western philosophy of
marriage, we would have to accept that all this complicated and
interrelated system in the bodies of man and woman was created
without any purpose.
This is a short review
of the Islamic and western philosophies of marriage. More explanation
will be given in some other relevant place.
So far as divorce is
concerned, it is a thing which the shari’ah of Islam should
be proud of. It has been made lawful and this legalization also
is based on nature. There is nothing in nature to interdict it.
Details of the conditions of its validity will be given in the
chapter of "Divorce" (chap. 55). Here it should be noted
that today all the nations of the world (not excepting the Roman
Catholic countries) have had to adopt this system in their civil
codes, even though previously they ridiculed Islam on this account.
[Top]
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