Gender Equity in Islam

Jamal A. Badawi, Ph.D.
World Assembly of Muslim Youth
WAMY Studies on Islam
 
 

I. Introduction & Methodology

When dealing with the Islamic perspective of any topic, there should be a clear distinction between the
normative teachings of Islam and the diverse cultural practices among Muslims, which may or may not be
consistent with them. The focus of this paper is the normative teachings of Islam as the criteria to judge
Muslim practices and evaluate their compliance with Islam. In identifying what is "Islamic" it is necessary
to make a distinction between the primary sources of Islam (the Qur'an and the Sunnah) and legal
opinions of scholars on specific issues, which may vary and be influenced by their times, circumstances,
and cultures. Such opinions and verdicts do not enjoy the infallibility accorded to the primary and
revelatory sources. Furthermore, interpretation of the primary sources should consider, among other
things:

(a) The context of any text in the Qur'an and the Sunnah. This includes the general context of Islam, its
teachings, its world view, and the context of the surah and section thereof.

(b) The occasion of the revelation, which may shed light on its meanings.

(c) The role of the Sunnah in explaining and defining the meaning of the Qur'anic text.

This paper is a brief review of the position and role of woman in society from an Islamic perspective. The
topic is divided into spiritual, economic, social, and political aspects.

II. The Spiritual Aspect

1. According to the Qur'an, men and women have the same spiritual human nature:

O mankind: Reverence your Guardian Lord Who created you from a single person created of like nature
his mate and from them twain scattered (like seeds) countless men and women; reverence Allah through
Whom you demand your mutual (rights) and (reverence) the wombs (that bore you): for Allah ever
watches over you. (Qur'an 4:1)

It is He who created you from a single person and made his mate of like nature in order that he might
dwell with her (in love). When they are united she bears a light burden and carries it about (unnoticed).
When she grows heavy they both pray to Allah their Lord (saying): "If You give us a goodly child we
vow we shall (ever) be grateful." (Qur'an 7:189)

(He is) the Creator of the heavens and the earth: He has made for you pairs from among yourselves and
pairs among cattle: by this means does He multiply you: there is nothing whatever like unto Him and Her
is the One that hears and sees (all things.) (Qur'an 42:11)

2. Both genders are recipients of the "divine breath" since they are created with the same human and
spiritual nature (nafsin-waahidah):

But He fashioned him in due proportion and breathed into him something of His spirit. And He gave you
(the faculties of) hearing and sight and feeling (and understanding): little thanks to you give (Qur'an 15:29)

3. Both genders are dignified and are trustees of Allah on earth.

We have honored the children of Adam, provided them with transport on land and sea; given them for
sustenance things good and pure; and conferred on them special favors above a great part of Our
Creation. (Qur'an 17:70)

Behold your Lord said to the angels: "I will create a vicegerent on earth." They said "Will you place
therein one who will make mischief therein and shed blood? Whilst we do celebrate Your praises and
glorify Your holy (name)?" He said: "I know what you do not." (Qur'an 2:30)

4. According to the Qur'an, woman is not blamed for the "fall of man." Pregnancy and childbirth are not
seen as punishments for "eating from the for bidden tree." On the contrary, the Qur'an considers them to
be grounds for love and respect due to mothers.

In narrating the story of Adam and Eve, the Qur'an frequently refers to both of them, never singling out
Eve for the blame:

O Adam! Dwell you and your wife in the garden and enjoy (its good things) as you [both] wish: but
approach not this tree or you [both] run into harm and transgression. Then began Satan to whisper
suggestions to them bringing openly before their minds all their shame that was hidden from them
(before): he said "Your Lord only forbade you this tree lest you [both] should become angels or such
beings as live for ever." And he swore to them both that he was their sincere adviser. So by deceit he
brought about their fall: when they tasted of the tree their shame became manifest to them and they began
to sew together the leaves of the garden over their bodies. And their Lord called unto them: "Did I not
forbid you that tree and tell you that Satan was an avowed enemy unto you?" They said: "Our Lord! We
have wronged our own souls: if you forgive us not and bestow not upon us Your mercy we shall certainly
be lost." (Allah) said: "Get you [both] down with enmity between yourselves. On earth will be your
dwelling place and your means of livelihood for a time." He said: "Therein shall you [both] live and
therein shall you [both] die; and from it shall you [both] be taken out (at last)." O you children of Adam!
We have bestowed raiment upon you to cover your shame as well as to be an adornment to you but the
raiment of righteousness that is the best. Such are among the signs of Allah that they may receive
admonition! O you children of Adam! Let not Satan seduce you in the same manner as he got your
parents out of the garden stripping them of their raiment to expose their shame: for he and his tribe watch
you from a position where you cannot see them: We made the evil ones friends (only) to those without
faith. (Qur'an 7:19 27)

On the question of pregnancy and childbirth, the Qur'an states:

And We have enjoined on the person (to be good) to his/her parents: in travail upon travail did his/her
mother bear his/her and in years twain was his/her weaning: (hear the command) "Show gratitude to Me
and to your parents: to Me is (your final) Goal. (Qur'an 31:14)

We have enjoined on the person kindness to his/her parents: in pain did his/her mother bear him/her and
in paid did she give him/her birth. The carrying of the (child) to his/her weaning is ( a period of) thirty
months. At length when he/she reaches the age of full strength and attains forty years he/she says "O my
Lord! Grant me that I may be grateful for Your favor which You have bestowed upon me and upon both
my parents and that I may work righteousness such as You may approve; and be gracious to me in my
issue.Truly have I turned to You and truly do I bow (to You) in Islam [submission]." (Qur'an 46:15)

5. Men and women have the same religious and moral duties and responsibilities. They both face the
consequences of their deeds:

And their Lord has accepted of them and answered them: "Never will I suffer to be los the work of any
of you be it male or female: you are members of one another ..." (Qur'an 3:195)

If any do deeds of righteousness be they male or female and have faith they will enter paradise and not
the least injustice will be done to them. (Qur'an 4:124)

For Muslim men and women and for believing men and women, for devout men and women, for true
men and women, for men and women who are patient and constant, for men and women who humble
themselves, for men and women who give in charity, for men and women who fast (and deny
themselves), for men and women who guard their chastity, and for men and women who engage much in
Allah's praise, for them has Allah prepared forgiveness and great reward. (Qur'an 33:35)

One Day shall you see the believing men and the believing women how their Light runs forward before
them and by their right hands: (their greeting will be): "Good news for you this Day! Gardens beneath
which flow rivers! To dwell therein for ever! This is indeed the highest Achievement!" (Qur'an 57:12)

6. Nowhere dow the Qur'an state that one gender is superior to the other. Some mistakenly translate
"qiwamah" or responsibility for the family as superiority. The Qur'an makes it clear that the sole basis for
superiority of any person over another is piety and righteousness not gender, color, or nationality:

O mankind! We created you from a single (pair) of a male and a female and made you into nations and
tribes that you may know each other. Verily the most honored of you in the sight of Allah is (one who is)
the most righteous of you. And Allah has full knowledge and is well acquainted (with all things). (Qur'an
49:13)

7. The absence of women as prophets or "Messengers of Allah" in prophetic history is due to the
demands and physical suffering associated with the role of messengers and prophets and not because of
any spiritual inferiority.

III. The Economic Aspect

1. The Islamic Shariiah recognizes the full property rights of women before and after marriage. A married
woman may keep her maiden name.

2. Greater financial security is assured for women. They are entitled to receive marital gifts, to keep
present and future properties and income for their own security. No married woman is required to spend
a penny from her property and income on the household. She is entitled to full financial support during
marriage and during the waiting period ('iddah) in case of divorce. She is also entitled to child support.
Generally, a Muslim woman is guaranteed support in all stages of her life, as a daughter, wife, mother, or
sister. These additional advantages of women over men are somewhat balanced by the provisions of the
inheritance which allow the male, in most cases, to inherit twice as much as the female. This means that
the male inherits more but is responsible financially for other females: daughters, wives, mother, and
sister, while the female (i.e., a wife) inherits less but can keep it all for investment and financial security
without any legal obligation so spend any part of it even for her own sustenance (food, clothing, housing,
medication, etc.).

IV. The Social Aspect

First: As a Daughter

1. The Qur'an effectively ended the cruel pre Islamic practice of female infanticide (wa'd):

When the female (infant) buried alive is questioned for what crime she was killed. (Qur'an 81 89)

2. The Qur'an went further to rebuke the unwelcoming attitudes among some parents upon hearing the
news of the birth of a baby girl, instead of a baby boy:

When news is brought to one of them of (the birth of) a female (child) his face darkens and he is filled
with inward grief! With shame does he hide himself from his people because of the bad news he has had!
Shall he retain her on (sufferance and) contempt or bury her in the dust? Ah! what an evil (choice) they
decide on! (Qur'an 16:58 59)

3. Parents are duty bound to support and show kindness and justice to their daughters. Prophet
Muhammad said:

"Whosoever has a daughter and he does not bury her alive, does not insult her, and does not favor his son
over her, Allah will enter him into Paradise." [Ahmad]

"Whosoever supports two daughters til they mature, he and I will come in the day of judgment as this
(and he pointed with his two fingers held together)." [Ahmad]

4. Education is not only a right but also a responsibility of all males and females. Prophet Muhammad
said:

"Seeking knowledge is mandatory for every Muslim ("Muslim" is used here in the generic meaning which
includes both males and females).

Second: As a Wife

1. Marriage in Islam is based on mutual peace, love, and compassion, not just the satisfaction of man's
needs:

And among His Signs is that He created for you mates from among yourselves that you may well in
tranquillity with them and He has put live and mercy between your (hearts); verily in that are signs for
those who reflect. (Qur'an 30:21)

(He is) the Creator of the heavens and the earth: He has made for you pairs from among yourselves and
pairs among cattle: by this means does He multiply you: there is nothing whatever like unto Him and He is
the One that hears and sees (all things). (Qur'an 42:11)

2. The female has the right to accept or reject marriage proposals. Her consent is prerequisite to the
validity of the marital contract according to the Prophet's teaching. It follows that if by "arranged
marriage" is meant marrying the girl without her consent, then such a marriage is nullifiable is she so
wished.

"Ibn Abbas reported that a girl came to the Messenger of God, Muhammad, and she reported that her
father had forced her to marry without her consent. The Messenger of God gave her the choice ...
(between accepting the marriage or invalidating it)." (Ahmad, Hadeeth no. 2469). In another version, the
girl said: "Actually I accept this marriage but I wanted to let women know that parents have no right to
force a husband on them." [Ibn Majah] 3. The husband is responsible for the maintenance, protection,
and overall headship of the family (qiwamah) within the framework of consultation and kindness. The
mutual dependency and complementary of the roles of males and females does not mean "subservience"
by either party to the other. Prophet Muhammad helped in household chores in spite of his busy
schedule.

The mothers shall give suck to their offspring for two whole years if the father desires to complete the
term. But he shall bear the cost of their food and clothing on equitable terms. No soul shall have a burden
laid on it greater than it can bear. No mother shall be treated unfairly on account of her child nor father on
account of his child. An heir shall be chargeable in the same way if they both decide on weaning by
mutual consent and after due consultation there is no blame on them. If you decide on a foster mother for
your offspring there is no blame on you provided you pay (the mother) what you offered on equitable
terms. But fear Allah and know that Allah sees well what you do. (Qur'an 2:233)

The Qur'an urges husbands to be kind and considerate to heir wives even if they do not like them.

O you who believe! You are forbidden to inherit women against their will. Nor should you treat them with
harshness that you may take away part of the marital gift you have given them except where they have
been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If you
take a dislike to them it may be that you dislike a thing and Allah brings about though it a great deal of
good. (Qur'an 4:19)

Prophet Muhammad taught:

" I command you to be kind to women ..."

"The best of you is the best to his family (wife) ..."

Marital disputes are to be handled privately between the parties whenever possible, in steps (without
excesses or cruelty). If disputes are not resolved then family mediation can be resorted to.

Divorce is seen as the last resort, which is permissible but not encouraged. Under no circumstances does
the Qur'an encourage, allow or condone family violence or physical abuse and cruelty. The maximum
allowed in extreme cases is a gentle tap that does not even leave a mark on the body while saving the
marriage from collapsing.

5. Forms of marriage dissolution include mutual agreement, the husband's initiative, the wife's initiative (if
part of her marital contract, court decision on the wife's initiative (for a cause), and the wife's initiative
without a "cause" provided that she returns the marital gift to her husband (khul' [divestiture]).

6. Priority for custody of young children (up to the age of about seven) is given to the mother. A child
later chooses between his mother and father (for custody purposes). Custody questions are to be settled
in a manner that balances the interests of both parents and well being of the child

Question of Polygyny (Polygamy)

1. One of the common myths is to associate polygyny with Islam as if it were introduced by Islam or is
the norm according to its teachings. While no text in the Qur'an or Sunnah states that either monogamy or
polygyny is the norm, demographic data indicates that monogamy is the norm and polygyny is the
exception. In almost all countries and on the global level the numbers of men and women are almost
even, with women's numbers slightly more than men.

As such, it is a practical impossibility to regard polygyny as the norm since it assumes a demographic
structure of at least two thirds females, and one third males (or 80 percent females and 20 percent males
if four wives per male is the norm!). No Islamic "norm" is based on an impossible assumption.

2. Like many peoples and religions, however, Islam did not out law polygyny but regulated it and
restricted it. It is neither required nor encouraged, but simply permitted and not outlawed. Edward
Westermarck gives numerous examples of the sanctioning of polygyny among Jews, Christians, and
others.

3. The only passage in the Qur'an (4:3) which explicitly mentioned polygyny and restricted its practice in
terms of the number of wives permitted and the requirement of justice between them was revealed after
the Battle of Uhud in which dozens of Muslims were martyred leaving behind widows and orphans. This
seems to indicate that the intent of its continued permissibility is to deal with individual and collective
contingencies that may arise from time to time (i.e., imbalances between the number of males and
females created by wars). This provides a moral, practical, and humane solution to the problems of
widows and orphans who are likely to be more vulnerable in the absence of a husband/father figure to
look after their needs: financial, companions, proper rearing, and other needs.

If you fear that you shall not be able to deal justly with the orphans marry women of your choice two or
three or four; but if you fear that you shall not be able to deal justly (with them) then only one ... (Qur'an
4:3)

4. All parties involved have options: to reject marriage proposals as in the case of a proposed second wife
or to seek divorce or khul' (divestiture) as in the case of a present wife who cannot accept to live with a
polygynous husband.

While the Qur'an allowed polygyny, it did not allow polyandry (multiple husbands of the same woman).
Anthropologically speaking, polyandry is quite rare. Its practice raises thorny problems related to the lineal
identity of children, and incompatibility of polyandry with feminine nature.

Third: As a Mother

1. Kindness to parents (especially mothers) is next to worship of Allah:

Your Lord has decreed that you worship none but Him and that you be kind to parents. Whether one or
both of them attain old age in you life say not to them a word of contempt nor repel them but address
them in terms of honor. (Qur'an 17:23)

And We have enjoined on the human (to be good) to his/her parents: in travail upon travail did his/her
mother bear him/her and in years twain was his/her waning: (hear the command) "Show gratitude to Me
and to your parents: to Me is (your final) destiny." (Qur'an 31:14)

2. Mothers are accorded a special place of honor in Hadeeth too:

A man came to the Prophet Muhammad asking: O Messenger of Allah, who among the people is the most
worthy of my good companionship? The Prophet said, your mother. The man said then who is next: the
Prophet said, Your mother. The man further asked, Then who is next? Only then did the Prophet say,
Your father. (al Bukhari)

Fourth: As a Sister in Faith (Generally)

1. According to the Prophet Muhammad's saying:

"Women are but sisters (or the other half) of men (shaqa'iq).

2. Prophet Muhammad taught kindness, care, and respect of women in general:

"I commend you to be kind to women"

Fifth: Issue of Modesty and Social Interaction

1. There exists, among Muslims a big gap between the ideal of the real. Cultural practices on both
extremes do exist. Some Muslims emulate non Islamic cultures and adopt the modes of dress, unrestricted
mixing and behavior resulting in corrupting influences of Muslims and endangering the family's integrity
and strength. On the other hand, in some Muslim cultural undue and excessive restrictions is not seclusion
are believed to be the ideal. Both extremes seem to contradict the normative teachings of Islam and are
not consistent with the virtuous yet participative nature of the society at the time of the Prophet
Muhammad.

2. Parameters of proper modesty for males and females (dress and behavior) are based on revelatory
sources (the Qur'an and authentic Sunnah) and as such are seen by believing men and women as divinely
based guidelines with legitimate aims, and divine wisdom behind them. They are not male imposed or
socially imposed restrictions.

3. The notion of near total seclusion of women is alien to the prophetic period. Interpretation problems in
justifying seclusion reflect, in part, cultural influences and circumstances in different Muslim countries.

V. The Legal/Political Aspect

1. Both genders are entitled to equality before the law and courts of law. Justice is genderless.

Most references to testimony (witness) in the Qur'an do not make any reference to gender. Some
references fully equate the testimony of males and female.

And for those who launch a charge against their spouses and have (in support) no evidence but their own
their solitary evidence (can be received) if they bear witness four times (with an oath) by Allah that they
are solemnly telling the truth; And the fifth (oath) (should be) that they solemnly invoke the curse of Allah
on themselves if they tell a life. But it would avert the punishment from the wife is she bears witness four
times (with an oath) by Allah that (her husband) is telling a lie; And the fifth (oath) should be that she
solemnly invokes the wrath of Allah on herself is (her accuser) is telling the truth. (Qur'an 24:69)

One reference in the Qur'an distinguishes between the witness of a male and a female. It is useful to
quote this reference and explain it in its own context and in the context of other references to testimony in
the Qur'an.

O you who believe! When you deal with each other in transactions involving future obligations in a fixed
period of time reduce them to writing. Let a scribe write down faithfully as between the parties: let not the
scribe refuse to write as Allah has taught him so let him write. Let him who incurs the liability dictate but
let him fear his Lord Allah and not diminish aught of what he owes. If the party liable is mentally deficient
or weak or unable himself to dictate let his guardian dictate faithfully. And get two witnesses out of your
own men

and if there are not two men then a man and two women such as you choose for witnesses so that if one
of them errs the other can remind her. The witnesses should not refuse when they are called on (for
evidence). Disdain not to reduce to writing (your contract) for a future period whether it be small or big: it
is just in the sight of Allah more suitable as evidence and more convenient to prevent doubts among
yourselves; but if it be a transaction which you carry out on the spot among yourselves there is no blame
on you if you reduce it not to writing. But take witnesses whenever you make a commercial contract; and
let neither scribe nor witness suffer harm. If you do (such harm) it would be wickedness in you. So fear
Allah; for it is Allah that teaches you. And Allah is well acquainted with all things. (Qur'an 2:282)

A few comments on this text are essential in order to prevent common misinterpretations:

a) It cannot be used as an argument that there is a general rule in the Qur'an that the worth of a female's
witness is only half the male's. This presumed "rule" is voided by the earlier reference (24:69) which
explicitly equates the testimony of both genders in the issue at hand.

b) The context of this passage (ayah) relates to the testimony on financial transactions which are often
complex and laden with business jargon. The passage does not make a blanket generalization which
would otherwise contradict 24:69 cited earlier.

c) The reason for variations in the number of male and female witnesses required is given in the same
passage. No reference was made to the inferiority or superiority of one gender's witness or the other's.
The only reason given is to corroborate the female's witness and prevent unintended errors in the
perception of the business deal. The Arabic term used in this passage (tadhilla) means literally "loses the
way," "gets confused or errs." But are females the only gender that may err and need corroboration of
their testimony. Definitely not, and this is why the general rule of testimony in Islamic law is to have two
witnesses even if they are both males. This leaves us with only one reasonable interpretation that in an
ideal Islamic society as envisioned by Islamic teachings the female members will give priority to their
feminine functions as wives, mothers, and pioneers of charitable works. This emphasis, while making
them more experienced in the inner function of the family

and social life, may not give them enough exposure and experience to business transactions and
terminology, as such a typical Muslim woman in a truly Islamic society will not normally be present when
business dealings are negotiated and if may present may not fully understand the dealings. In such a case,
corroboration by two women witnesses helps them remind one another and as such give an accurate
account of what happened.

d) It is useful to remember that it is the duty of a fair judge, in a particular case, to evaluate the credibility,
knowledge and experience of any witness and the specific circumstances of the case at hand.

2. The general rule in social and political life is participation and collaboration of males and female in
public affairs:

The believers, men and women, are protectors one of another; they enjoin what is just and forbid what is
evil: they observe regular prayers, practice regular charity, and obey Allah and His apostle. On them will
Allah pour His mercy: for Allah is Exalted in power, Wise. (Qur'an 9:71)

3. Now there is sufficient historical evidence of participation by Muslim women in the choice of rulers, in
public issues, in lawmaking, in administrative positions, in scholarship and teaching, and even in the
battlefield. Such involvement in social and political affairs was done without losing sight of the
complementary priorities of both genders and without violating Islamic guidelines of modesty and virtue.

4. There is no text in the Qur'an or the Sunnah that precludes women from any position of leadership,
except in leading prayer due to the format of prayer as explained earlier and the headship of state (based
on the common and reasonable interpretation of Hadeeth).

The head of state in Islam is not a ceremonial head. He leads public prayers in some occasions, constantly
travels and negotiates with officials of other states (who are mostly males). He may be involved in
confidential meetings with them. Such heavy involvement and its necessary format may not be consistent
with Islamic guidelines related to the interaction between the genders and the priority of feminine
functions and their value to society. Furthermore, the conceptual and philosophical background of the
critics of this limited exclusion is that of individualism, ego satisfaction, and the rejection of the validity of
divine guidance in favor of other man-made philosophies, values, or "ism." The ultimate objective of a
Muslim man or woman is to selflessly serve Allah and the ummah in whatever appropriate capacity.

Conclusion:

1. Textual injunctions on gender equity and the prophetic model are sometimes disregarded by some if
not most Muslims individually and collectively. Revision of practices (not divine injunctions) is needed. It
is not the revelatory Qur'an and the Sunnah that need any editing or revision. What needs to be
reexamined are fallible human interpretations and practices.

2. Diverse practice in Muslim countries often reflect cultural influences (local or foreign), more so than
the letter or spirit of the Shariiah.

3. Fortunately, there is an emerging trend for the betterment of our understanding of gender equity, based
on the Qur'an and Hadeeth, not on alien and imported un-Islamic or non-Islamic values and not on the
basis of the existing oppressive and unjust status quo in many parts of the Muslim world.

Endnotes

1. The term equity is used instead of the common expression 'equality" which is sometimes mistakenly
understood to mean absolute equality in each and every detailed item of comparison rather than the
overall equality. Equity is used here to mean justice and overall equality of the totality of rights and
responsibilities of both genders. It does allow for the possibility of variations in specific items within the
overall balance and equality. It is analogous to two persons possessing diverse currencies amounting, for
each person to the equivalence of US$1000. While each of the two persons may possess more of one
currency than the other, the total value still comes to US$1000 in each case. It should be added that from
an Islamic perspective, the roles of men and women are complementary and cooperative rather than
competitive.

2. The Sunnah refers to the words, actions, and confirmations (consent) of the Prophet Muhammad in
matters pertaining to the meaning and practice of Islam. Another common term which some authorities
consider to be equivalent to the Sunnah is the Hadeeth (plural: Ahadeeth) which literally means "sayings."

3. In both Qur'anic references, 15:29 and 32:99, the Arabic terms used are basharan and al Insaun both
mean a human being or a person. English translations do not usually convey this meaning and commonly
use the terms "man" or the pronoun" him" to refer to "person" without a particular gender identification.
Equally erroneous is the common translation of Bani Adam into "sons of Adam" or "men" instead of a
more accurate term "children of Adam."

4. The emphasis is ours. The explanatory "both"{ was added whenever the Our'anic Arabic text
addresses Adam and Eve, like "lahoma, akala, akhrajahoma." This was done in order to avoid
misinterpreting the English term "you" to mean an address to a singular person. For the Biblical version of
the story and its implications, see The Holy Bible, RSV, American Bible Society, New York: 1952:
Genesis, chapters 23, especially 3:6, 12, 1717; Levi ticus 12:17; 15:19 30; and Timothy 2:11 14.

5. A common question raised in the West is whether a Muslim woman can be ordained as a priest as
more "liberal" churches do? It should be remembered that there is no "church" or "priesthood" in Islam.
The question of "ordaining" does not arise. However, most of the common "priestly" functions such as
religious education, spiritual and social counseling are not forbidden to Muslim women in a proper Islamic
context. A woman, however, may not lead prayers since Muslim prayers involve prostrations and body
contact. Since the prayer leader is supposed to stand in front of the congregation and may move forward
in the middle of crowded rows, it would be both inappropriate and uncomfortable for a female to be in
such a position and prostrate, hands, knees and forehead on the ground with rows of men behind here. A
Muslim woman may be an Islamic scholar, In the early days of Islam, there were several examples of
female scholars who taught both genders.

6. This contrast with the legal provisions in Europe which did not recognize the right until nearly 13
centuries after Islam. "By a series of acts starting with the Married Women's Property Act in 1879,
amended in 1882 and 1997, married women achieved the right to won property and to enter into
contracts on a par with spinsters, widows, and divorcees." See Encyclopedia Britannica, 1968, vol. 23, p.
624.

7. This period is usually three months. If the wife is pregnant, it extends until childbirth.

8. Ahmad Ibn Hanbal (compiler), Musnad Ibn Hanbal, Dar al Ma'arif, Cairo: 1950 and 1955, vols. 3 and
4. Hadith nos. 1957 and 2104.

9. Narrated in Al Bayhaqi and Ibn Majah, quoted in M. S. Aftfi, Al Martah wa Huququhafi al Islam (in
Arabic), Maktabat al Nahdhah, Cairo: 1988, p. 71.

10. Ibn Majah (compiler), Sunan Ibn Majah, Dar Ihya' al Kutub al Arabiyah, Cairo: 1952, vol. 1, Hadith
#1873.

11. Matn al Bukhari, op. cit., vol. 3, p. 257.

12. Riyad al Saliheen, op. cit, pp. 140.

13. In the event of a family dispute, the Qur'an exhorts the husband to treat his wife kindly and not to
overlook her positive aspects. If the problem relates to the wife's behavior, her husband may exhort her
and appeal for reason. In most cases, this measure is likely to be sufficient. In cases where the problem
continues, the husband may express his displeasure in another peaceful manner by sleeping in a separate
bed from hers. There are cases, however where a wife persists in deliberate mistreatment of her husband
and disregard for her marital obligations. Instead of divorce, the husband may resort to another measure
that may save the marriage, at least in some cases. Such a measure is more accurately described as a
gentle tap on the body, but never on the face, making it more of a symbolic measure than a punitive one.
Following is the related Qur'anic text:

Men are the protectors and maintains of women because Allah has given the one more (strength) than the
other and because they support them from their means. Therefore the righteous women are devoutly
obedient and guard in (the husband's) absence what Allah would have them guard. As to those women on
whose part you fear disloyalty and ill conduct, admonish them (first), (next) refuse to share their beds
(and last) beat them (lightly); but if they return to obedience seek not against them means (of annoyance):
for Allah is Most High, great (above you all). (Qur'an 4:34)

Even here, that maximum measure is limited by the following:

a) It must be seen as a rare exception to the repeated exhortation of mutual respect, kindness and good
treatment discussed earlier. Based on the Qur'an and Hadeeth, this measure may be used in the case of
lewdness on the part of the wife or extreme refraction and rejection of the husband's reasonable requests
on a consistent basis (nushuz). Even then other measures such as exhortation should be tried first.

b) As defined by the Hadeeth, it is not permissible to strike anyone's face, cause any bodily harm or even
be harsh. What the Hadeeth qualified as dharban ghayra mubarrih or light beating was interpreted by early
jurists as a (symbolical) use of the miswak (a small natural toothbrush).

They further qualified permissible "beating" as beating that leaves no mark on the body. It is interesting
that this latter fourteen centuries old qualifier is the criterion used in contemporary American law to
separate a light and harmless tap or strike from "abuse" in the legal sense. This makes it clear that even
this extreme, last resort and "lesser of the two evils" measure that may save the marriage does not meet
the definitions of "physical abuse," "family violence," of "wife battering" in the twentieth century laws in
liberal democracies, where such extremes are commonplace that they are seen as national concerns.

c) Permissibility of such symbolical expression of the seriousness of continued refraction does not imply
its desirability. In several Ahadeeth, Prophet Muhammad discouraged this measure. Among his sayings:
"Do not beat the female servants of Allah," "Some (women visited my family complaining about their
husbands (beating them). These (husbands) are not the best of you," "[Is it not a shame that], one of you
beats his wife like [an unscrupulous person] beats a slave and maybe he sleeps with her at the end of the
day." See Riyad Al Saliheen, op cit., pp. 130 140. In another Hadeeth, the Prophet said:

"How does anyone of you beat his wife as he beats the stallion camel and then he may embrace (sleep
with) her?" Shaheeh Al Bukhari, op. cit., vol. 8, Hadeeth no. 68, pp. 42 43.

d) True following of the Sunnah is to follow the example of the Prophet Muhammad, who never resorted
to that measure regardless of the circumstances.

e) Islamic teachings are universal in nature. They respond to the needs and circumstances of diverse
times, cultures, and circumstances but unnecessary in others. Some measures may work in some cases,
cultures, or with certain persons but may not be effective in others. By definition a "permissible" it is
neither required encouraged, or forbidden. In fact, it may be better to spell out the extent of permissibility
such as in the issue at hand, than leaving it unrestricted and unqualified or ignoring it all together. In the
absence of strict qualifiers, persons may interpret the matter in their own way lending to excesses and real
abuse.

f) Any excess, cruelty, family violence, or abuse committed by any "Muslim" can never be traced,
honestly, to any revelatory text (Qur'an and Hadeeth). Such excesses and violations are to be blamed on
the person(s) himself as it shows that he is paying lip service to Islamic teachings and injunctions and is
failing to follow the true sunnah of the Prophet.

14. For more details on marriage dissolution and custody of children, see A. Abd al Ati, Family Structure
in Islam, Indianapolis: American Trust Publications, 1977, pp. 217 49.

15. For more details on the issue of polygyny, see Jamal A. Badawi, Polygyny in Islamic Law, Plainfield,
IN: American Trust Publications, also Islamic Teachings (audio series), Islamic Information Foundation,
1982, album IV.

16. See for example, Edward A. Westermarck, The History of Human Marriage, 4th ed. (London:
Macmlllan, 1925), vol 3, pp. 42 43; also Encyclopedia BibRca, Rev. T. K. Cheyene and J. S. Black,
eds.) (London: Macmillan, 1925), vol. 3, p 2946.

17. A. M. B. 1. Al Bukhari (compiler) Matn al Bukhari, Cairo: Dar Ihya al Kutub al Arabiyah, n.d., vol. 3
Kitab al Adab, p. 47. Translated by the author. For a similar English translation of this Hadeeth, see Sahih
al Bukhari translated by M. M. Khan Maktabat al Riyadh al Hadeethah, Riyadh, Saudi Arabia, i982, colt
8, the Book of ai Adab, Hadeeth no. 2, p. 2.

18. Narrated by Aisha, collected by Ibn Asakir in Silsilat Kunaz al Sunnah 1, Al./ami Al Sagheer, Ist ed.
1410 AH. A computer program.

19. Riyadh al Saliheen, op. cit., p. 139.

Bibliography

I. The Qur'an and Hadeeth

1. The Holy Qur'an: Text, Translation and Commentary by A. Y. Ali, The American Trust Publication,
Plainfield, IN 1977.

2. Matn al Bukhari, Al Bukhari (compiler), Dar Ihya al Kutub al Arabiyah, Cairo, Egypt, n.d.

3. Musnad Ahmad Ibn Hanbal, Ibn Hanbal (compiler), Dar Ihya' al Kutub al Arabiyah, Cairo Egypt, 1950
and 1955.

4. Riyadh al Saliheen, Al Nawawi, (compiler) New Delhi, India n.d.

5. Sahih Al Bukhari, M. Khan (translator), Maktabat Al Riaydh Al Hadeethah, Riyadh, Saudi Arabia
1982.

6. Silsilat Kunuz Al Sunnah: Al Jami al Sagheer, 1st ea., 1410 AH, a computer software.

7. Sunan Ibn Majah, Dar Ihya al Kutub al Arabiyah, Cairo: 1952.

II. Other References

1. Al Martah wa Huququha fi al Islam, M. S. Aftfi, Maktabat AlNadhhah, Cairo: 1988.

2. Holy Bible, RSV, American Bible Society, New York: 1952.

3. Encyclopedia Biblica, vol. 3, Rev. T. K. Cheyene and J. S. Black, editors, London: Machollan, 1925.

4. Encyclopedia Britanica, Vol. 23, 1968

5. The History of Human Marriage, vol. 3, Edward A. Westermarck, London: Macmillan, 1925