2. EVE'S FAULT 3.
4. SHAMEFUL DAUGHTERS 5. FEMALE EDUCATION 6. UNCLEAN IMPURE WOMAN
7. BEARING WITNESS 8. ADULTERY 9. VOWS 10. WIFE'S PROPERTY
GO TO PART TWO
Five years ago, I read in the Toronto Star issue of July 3, 1990 an article titled "Islam is not alone in patriarchal doctrines", by Gwynne Dyer. The article described the furious reactions of the participants of a conference on women and power held in Montreal to the comments of the famous Egyptian feminist Dr. Nawal Saadawi. Her "politically incorrect" statements included : "the most restrictive elements towards women can be found first in Judaism in the Old Testament then in Christianity and then in the Quran"; "all religions are patriarchal because they stem from patriarchal societies"; and "veiling of women is not a specifically Islamic practice but an ancient cultural heritage with analogies in sister religions".
The participants could not bear sitting around while their faiths were being equated with Islam. Thus, Dr. Saadawi received a barrage of criticism. "Dr. Saadawi's comments are unacceptable. Her answers reveal a lack of understanding about other people's faiths," declared Bernice Dubois of the World Movement of Mothers. "I must protest" said panellist Alice Shalvi of Israel women's network, "there is no conception of the veil in Judaism." The article attributed these furious protests to the strong tendency in the West to scapegoat Islam for practices that are just as much a part of the West's own cultural heritage. "Christian and Jewish feminists were not going to sit around being discussed in the same category as those wicked Muslims," wrote Gwynne Dyer.
I was not surprised that the conference participants had held such a negative view of Islam, especially when women's issues were involved. In the West, Islam is believed to be the symbol of the subordination of women par excellence. In order to understand how firm this belief is, it is enough to mention that the Minister of Education in France, the land of Voltaire, has recently ordered the expulsion of all young Muslim women wearing the veil from French schools!1 A young Muslim student wearing a headscarf is denied her right of education in France, while a Catholic student wearing a cross or a Jewish student wearing a skullcap is not. The scene of French policemen preventing young Muslim women wearing headscarves from entering their high school is unforgettable.
It inspires the memories of another equally disgraceful scene of Governor George Wallace of Alabama in 1962 standing in front of a school gate trying to block the entrance of black students in order to prevent the desegregation of Alabama's schools. The difference between the two scenes is that the black students had the sympathy of so many people in the U.S. and in the whole world. President Kennedy sent the U.S. National Guard to force the entry of the black students. The Muslim girls, on the other hand, received no help from any one. Their cause seems to have very little sympathy either inside or outside France. The reason is the widespread misunderstanding and fear of anything Islamic in the world today.
What intrigued me the most about the Montreal conference was one question : Were the statements made by Saadawi, or any of her critics, factual? In other words, do Judaism, Christianity, and Islam have the same conception of women? Are they different in their conceptions ? Do Judaism and Christianity , truly, offer women a better treatment than Islam does? What is the Truth?
It is not easy to search for and find answers to these difficult questions. The first difficulty is that one has to be fair and objective or, at least, do one's utmost to be so. This is what Islam teaches. The Quran has instructed Muslims to say the truth even if those who are very close to them do not like it: "Whenever you speak, speak justly, even if a near relative is concerned" (6:152) "O you who believe stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents or your kin, and whether it be (against) rich or poor" (4:135).
The other great difficulty is the overwhelming breadth of the subject. Therefore, during the last few years, I have spent many hours reading the Bible, The Encyclopaedia of Religion, and the Encyclopaedia Judaica searching for answers. I have also read several books discussing the position of women in different religions written by scholars, apologists, and critics. The material presented in the following chapters represents the important findings of this humble research. I don't claim to be absolutely objective. This is beyond my limited capacity. All I can say is that I have been trying, throughout this research, to approach the Quranic ideal of "speaking justly".
I would like to emphasize in this introduction that my purpose for this study is not to denigrate Judaism or Christianity. As Muslims, we believe in the divine origins of both. No one can be a Muslim without believing in Moses and Jesus as great prophets of God. My goal is only to vindicate Islam and pay a tribute, long overdue in the West, to the final truthful Message from God to the human race.
I would also like to emphasize that I concerned myself only with Doctrine. That is, my concern is, mainly, the position of women in the three religions as it appears in their original sources not as practised by their millions of followers in the world today. Therefore, most of the evidence cited comes from the Quran, the sayings of Prophet Muhammad, the Bible, the Talmud, and the sayings of some of the most influential Church Fathers whose views have contributed immeasurably to defining and shaping Christianity. This interest in the sources relates to the fact that understanding a certain religion from the attitudes and the behaviour of some of its nominal followers is misleading. Many people confuse culture with religion, many others do not know what their religious books are saying, and many others do not even care.
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2. EVE'S FAULT
The three religions agree on one basic fact: Both women and men are created by God, The Creator of the whole universe. However, disagreement starts soon after the creation of the first man, Adam, and the first woman, Eve. The Judaeo-Christian conception of the creation of Adam and Eve is narrated in detail in Genesis 2:4-3:24. God prohibited both of them from eating the fruits of the forbidden tree. The serpent seduced Eve to eat from it and Eve, in turn, seduced Adam to eat with her. When God rebuked Adam for what he did, he put all the blame on Eve, "The woman you put here with me --she gave me some fruit from the tree and I ate it." Consequently, God said to Eve:
"I will greatly increase your pains in childbearing; with pain you will give birth to children. Your desire will be for your husband and he will rule over you."
To Adam He said:
"Because you listened to your wife and ate from the tree .... Cursed is the ground because of you; through painful toil you will eat of it all the days of your life..."
The Islamic conception of the first creation is found in several places in the Quran, for example:
"O Adam dwell with your wife in the Garden and enjoy as you wish but approach not this tree or you run into harm and transgression. Then Satan whispered to them in order to reveal to them their shame that was hidden from them and he said: 'Your Lord only forbade you this tree lest you become angels or such beings as live forever.' And he swore to them both that he was their sincere adviser. So by deceit he brought them to their fall: when they tasted 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 your avowed enemy?' They said: 'Our Lord we have wronged our own souls and if You forgive us not and bestow not upon us Your Mercy, we shall certainly be lost' " (7:19:23).
A careful look into the two accounts of the story of the Creation reveals some essential differences. The Quran, contrary to the Bible, places equal blame on both Adam and Eve for their mistake.Nowhere in the Quran can one find even the slightest hint that Eve tempted Adam to eat from the tree or even that she had eaten before him. Eve in the Quran is no temptress, no seducer, and no deceiver. Moreover, Eve is not to be blamed for the pains of childbearing. God, according to the Quran, punishes no one for another's faults. Both Adam and Eve committed a sin and then asked God for forgiveness and He forgave them both.
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3. EVE'S LEGACY
The image of Eve as temptress in the Bible has resulted in an extremely negative impact on women throughout the Judaeo-Christian tradition. All women were believed to have inherited from their mother, the Biblical Eve, both her guilt and her guile. Consequently, they were all untrustworthy, morally inferior, and wicked. Menstruation, pregnancy, and childbearing were considered the just punishment for the eternal guilt of the cursed female sex. In order to appreciate how negative the impact of the Biblical Eve was on all her female descendants we have to look at the writings of some of the most important Jews and Christians of all time. Let us start with the Old Testament and look at excerpts from what is called the Wisdom Literature in which we find:
"I find more bitter than death the woman who is a snare, whose heart is a trap and whose hands are chains. The man who pleases God will escape her, but the sinner she will ensnare....while I was still searching but not finding, I found one upright man among a thousand but not one upright woman among them all" (Ecclesiastes 7:26-28).
In another part of the Hebrew literature which is found in the Catholic Bible we read:
"No wickedness comes anywhere near the wickedness of a woman.....Sin began with a woman and thanks to her we all must die" (Ecclesiasticus 25:19,24).
Jewish Rabbis listed nine curses inflicted on women as a result of the Fall:
"To the woman He gave nine curses and death: the burden of the blood of menstruation and the blood of virginity; the burden of pregnancy; the burden of childbirth; the burden of bringing up the children; her head is covered as one in mourning; she pierces her ear like a permanent slave or slave girl who serves her master; she is not to be believed as a witness; and after everything--death." 2
To the present day, orthodox Jewish men in their daily morning prayer recite "Blessed be God King of the universe that Thou has not made me a woman." The women, on the other hand, thank God every morning for "making me according to Thy will." 3 Another prayer found in many Jewish prayer books: "Praised be God that he has not created me a gentile. Praised be God that he has not created me a woman. Praised be God that he has not created me an ignoramus." 4
The Biblical Eve has played a far bigger role in Christianity than in Judaism. Her sin has been pivotal to the whole Christian faith because the Christian conception of the reason for the mission of Jesus Christ on Earth stems from Eve's disobedience to God. She had sinned and then seduced Adam to follow her suit. Consequently, God expelled both of them from Heaven to Earth, which had been cursed because of them. They bequeathed their sin, which had not been forgiven by God, to all their descendants and, thus, all humans are born in sin. In order to purify human beings from their 'original sin', God had to sacrifice Jesus, who is considered to be the Son of God, on the cross. Therefore, Eve is responsible for her own mistake, her husband's sin, the original sin of all humanity, and the death of the Son of God. In other words, one woman acting on her own caused the fall of humanity. 5 What about her daughters? They are sinners like her and have to be treated as such. Listen to the severe tone of St. Paul in the New Testament:
"A woman should learn in quietness and full submission. I don't permit a woman to teach or to have authority over a man; she must be silent. For Adam was formed first, then Eve. And Adam was not the one deceived; it was the woman who was deceived and became a sinner" (I Timothy 2:11-14).
St. Tertullian was even more blunt than St. Paul, while he was talking to his 'best beloved sisters' in the faith, he said: 6
"Do you not know that you are each an Eve? The sentence of God on this sex of yours lives in this age: the guilt must of necessity live too. You are the Devil's gateway: You are the unsealer of the forbidden tree: You are the first deserter of the divine law: You are she who persuaded him whom the devil was not valiant enough to attack. You destroyed so easily God's image, man. On account of your desert even the Son of God had to die."
St. Augustine was faithful to the legacy of his predecessors, he wrote to a friend:
"What is the difference whether it is in a wife or a mother, it is still Eve the temptress that we must beware of in any woman......I fail to see what use woman can be to man, if one excludes the function of bearing children."
Centuries later, St. Thomas Aquinas still considered women as defective:
"As regards the individual nature, woman is defective and misbegotten, for the active force in the male seed tends to the production of a perfect likeness in the masculine sex; while the production of woman comes from a defect in the active force or from some material indisposition, or even from some external influence."
Finally, the renowned reformer Martin Luther could not see any benefit from a woman but bringing into the world as many children as possible regardless of any side effects:
"If they become tired or even die, that does not matter. Let them die in childbirth, that's why they are there"
Again and again all women are denigrated because of the image of Eve the temptress, thanks to the Genesis account. To sum up, the Judaeo-Christian conception of women has been poisoned by the belief in the sinful nature of Eve and her female offspring.
If we now turn our attention to what the Quran has to say about women, we will soon realize that the Islamic conception of women is radically different from the Judaeo-Christian one. Let the Quran speak for itself:
"For Muslim men and women, for believing men and women, for devout men and women, for true men and women, for men and women who are patient, for men and women who humble themselves, for men and women who give in charity, for men and women who fast, for men and women who guard their chastity, and for men and women who engage much in Allah's praise-- For them all has Allah prepared forgiveness and great reward" (33:35).
"The believers, men and women, are protectors, one of another: they enjoin what is just, and forbid what is evil, they observe regular prayers, practise regular charity, and obey Allah and His Messenger. On them will Allah pour His Mercy: for Allah is Exalted in power, Wise" (9:71).
"And their Lord answered them: Truly I will never cause to be lost the work of any of you, Be you a male or female, you are members one of another" (3:195).
"Whoever works evil will not be requited but by the like thereof, and whoever works a righteous deed -whether man or woman- and is a believer- such will enter the Garden of bliss" (40:40).
"Whoever works righteousness, man or woman, and has faith, verily to him/her we will give a new life that is good and pure, and we will bestow on such their reward according to the best of their actions" (16:97).
It is clear that the Quranic view of women is no different than that of men. They, both, are God's creatures whose sublime goal on earth is to worship their Lord, do righteous deeds, and avoid evil and they, both, will be assessed accordingly. The Quran never mentions that the woman is the devil's gateway or that she is a deceiver by nature. The Quran, also, never mentions that man is God's image; all men and all women are his creatures, that is all. According to the Quran, a woman's role on earth is not limited only to childbirth. She is required to do as many good deeds as any other man is required to do. The Quran never says that no upright women have ever existed. To the contrary, the Quran has instructed all the believers, women as well as men, to follow the example of those ideal women such as the Virgin Mary and the Pharoah's wife:
"And Allah sets forth, As an example to those who believe, the wife of Pharaoh: Behold she said: 'O my lord build for me, in nearness to you, a mansion in the Garden, and save me from Pharaoh and his doings and save me from those who do wrong.' And Mary the daughter of Imran who guarded her chastity and We breathed into her body of Our spirit; and she testified to the truth of the words of her Lord and of His revelations and was one of the devout" (66:11-13).
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4. SHAMEFUL DAUGHTERS?
In fact, the difference between the Biblical and the Quranic attitude towards the female sex starts as soon as a female is born. For example, the Bible states that the period of the mother's ritual impurity is twice as long if a girl is born than if a boy is (Lev. 12:2-5). The Catholic Bible states explicitly that:
"The birth of a daughter is a loss" (Ecclesiasticus 22:3).
In contrast to this shocking statement, boys receive special praise:
"A man who educates his son will be the envy of his enemy." (Ecclesiasticus 30:3)
Jewish Rabbis made it an obligation on Jewish men to produce offspring in order to propagate the race. At the same time, they did not hide their clear preference for male children : "It is well for those whose children are male but ill for those whose are female", "At the birth of a boy, all are joyful...at the birth of a girl all are sorrowful", and "When a boy comes into the world, peace comes into the world... When a girl comes, nothing comes."7
A daughter is considered a painful burden, a potential source of shame to her father:
"Your daughter is headstrong? Keep a sharp look-out that she does not make you the laughing stock of your enemies, the talk of the town, the object of common gossip, and put you to public shame" (Ecclesiasticus 42:11).
"Keep a headstrong daughter under firm control, or she will abuse any indulgence she receives. Keep a strict watch on her shameless eye, do not be surprised if she disgraces you" (Ecclesiasticus 26:10-11).
It was this very same idea of treating daughters as sources of shame that led the pagan Arabs, before the advent of Islam, to practice female infanticide.
The Quran severely condemned this heinous practice:
"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 contempt or bury her in the dust? Ah! what an evil they decide on?" (16:59).
It has to be mentioned that this sinister crime would have never stopped in Arabia were it not for the power of the scathing terms the Quran used to condemn this practice (16:59, 43:17, 81:8-9). The Quran, moreover, makes no distinction between boys and girls. In contrast to the Bible, the Quran considers the birth of a female as a gift and a blessing from God, the same as the birth of a male.
The Quran even mentions the gift of the female birth first:
" To Allah belongs the dominion of the heavens and the earth. He creates what He wills. He bestows female children to whomever He wills and bestows male children to whomever He wills" (42:49).
In order to wipe out all the traces of female infanticide in the nascent Muslim society, Prophet Muhammad promised those who were blessed with daughters of a great reward if they would bring them up kindly:
"He who is involved in bringing up daughters, and accords benevolent treatment towards them, they will be protection for him against Hell-Fire" (Bukhari and Muslim).
"Whoever maintains two girls till they attain maturity, he and I will come on the Resurrection Day like this; and he joined his fingers" (Muslim).
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5. Education of Women
The difference between the Biblical and the Quranic conceptions of women is not limited to the newly born female, it extends far beyond that. Let us compare their attitudes towards a female trying to learn her religion. The heart of Judaism is the Torah, the law. However, according to the Talmud, "women are exempt from the study of the Torah."
Some Jewish Rabbis firmly declared "Let the words of Torah rather be destroyed by fire than imparted to women", and "Whoever teaches his daughter Torah is as though he taught her obscenity"8
The attitude of St. Paul in the New Testament is not brighter:
"As in all the congregations of the saints, women should remain silent in the churches. They are not allowed to speak, but must be in submission as the law says. If they want to inquire about something, they should ask their own husbands at home; for it is disgraceful for a woman to speak in the church." (I Corinthians 14:34-35)
How can a woman learn if she is not allowed to speak? How can a woman grow intellectually if she is obliged to be in a state of full submission? How can she broaden her horizons if her one and only source of information is her husband at home?
Now, to be fair, we should ask: is the Quranic position any different? One short story narrated in the Quran sums its position up concisely. Khawlah was a Muslim woman whose husband Aws pronounced this statement at a moment of anger: "You are to me as the back of my mother." This was held by pagan Arabs to be a statement of divorce which freed the husband from any conjugal responsibility but did not leave the wife free to leave the husband's home or to marry another man. Having heard these words from her husband, Khawlah was in a miserable situation. She went straight to the Prophet of Islam to plead her case. The Prophet was of the opinion that she should be patient since there seemed to be no way out. Khawla kept arguing with the Prophet in an attempt to save her suspended marriage. Shortly, the Quran intervened; Khawla's plea was accepted. The divine verdict abolished this iniquitous custom. One full chapter (Chapter 58) of the Quran whose title is "Almujadilah" or "The woman who is arguing" was named after this incident:
"Allah has heard and accepted the statement of the woman who pleads with you (the Prophet) concerning her husband and carries her complaint to Allah, and Allah hears the arguments between both of you for Allah hears and sees all things...." (58:1).
A woman in the Quranic conception has the right to argue even with the Prophet of Islam himself. No one has the right to instruct her to be silent. She is under no obligation to consider her husband the one and only reference in matters of law and religion.
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6. UNCLEAN IMPURE WOMAN ?
Jewish laws and regulations concerning menstruating women are extremely restrictive. The Old Testament considers any menstruating woman as unclean and impure. Moreover, her impurity "infects" others as well. Anyone or anything she touches becomes unclean for a day:
"When a woman has her regular flow of blood, the impurity of her monthly period will last seven days, and anyone who touches her will be unclean till evening. Anything she lies on during her period will be unclean, and anything she sits on will be unclean. Whoever touches her bed must wash his clothes and bathe with water, and he will be unclean till evening. Whoever touches anything she sits on must wash his clothes and bathe with water, and he will be unclean till evening. Whether it is the bed or anything she was sitting on, when anyone touches it, he will be unclean till evening" (Lev. 15:19-23).
Due to her "contaminating" nature, a menstruating woman was sometimes "banished" in order to avoid any possibility of any contact with her. She was sent to a special house called "the house of uncleanness" for the whole period of her impurity. 9 The Talmud considers a menstruating woman "fatal" even without any physical contact:
"Our Rabbis taught:....if a menstruant woman passes between two (men), if it is at the beginning of her menses she will slay one of them, and if it is at the end of her menses she will cause strife between them" (bPes. 111a.)
Furthermore, the husband of a menstruous woman was forbidden to enter the synagogue if he had been made unclean by her even by the dust under her feet. A priest whose wife, daughter, or mother was menstruating could not recite priestly blessing in the synagogue. 10 No wonder many Jewish women still refer to menstruation as "the curse." 11
Islam does not consider a menstruating woman to possess any kind of "contagious uncleanness". She is neither "untouchable" nor "cursed." She practises her normal life with only one restriction: A married couple are not allowed to have sexual intercourse during the period of menstruation. Any other physical contact between them is permissible. A menstruating woman is exempted from some rituals such as daily prayers and fasting during her period.
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7. BEARING WITNESS
Another issue in which the Quran and the Bible disagree is the issue of women bearing witness. It is true that the Quran has instructed the believers dealing in financial transactions to get two male witnesses or one male and two females (2:282). However, it is also true that the Quran in other situations accepts the testimony of a woman as equal to that of a man. In fact the woman's testimony can even invalidate the man's. If a man accuses his wife of unchastity, he is required by the Quran to solemnly swear five times as evidence of the wife's guilt. If the wife denies and swears similarly five times, she is not considered guilty and in either case the marriage is dissolved (24:6-11).
On the other hand, women were not allowed to bear witness in early Jewish society. 12 The Rabbis counted women's not being able to bear witness among the nine curses inflicted upon all women because of the Fall (see the "Eve's Legacy" section). Women in today's Israel are not allowed to give evidence in Rabbinical courts. 13 The Rabbis justify why women cannot bear witness by citing Genesis 18:9-16, where it is stated that Sara, Abraham's wife had lied. The Rabbis use this incident as evidence that women are unqualified to bear witness. It should be noted here that this story narrated in Genesis 18:9-16 has been mentioned more than once in the Quran without any hint of any lies by Sara (11:69-74, 51:24-30). In the Christian West, both ecclesiastical and civil law debarred women from giving testimony until late last century. 14
If a man accuses his wife of unchastity, her testimony will not be considered at all according to the Bible. The accused wife has to be subjected to a trial by ordeal. In this trial, the wife faces a complex and humiliating ritual which was supposed to prove her guilt or innocence (Num. 5:11-31). If she is found guilty after this ordeal, she will be sentenced to death. If she is found not guilty, her husband will be innocent of any wrongdoing.
Besides, if a man takes a woman as a wife and then accuses her of not being a virgin, her own testimony will not count. Her parents had to bring evidence of her virginity before the elders of the town. If the parents could not prove the innocence of their daughter, she would be stoned to death on her father's doorsteps. If the parents were able to prove her innocence, the husband would only be fined one hundred shekels of silver and he could not divorce his wife as long as he lived:
"If a man takes a wife and, after lying with her, dislikes her and slanders her and gives her a bad name, saying, 'I married this woman, but when I approached her, I did not find proof of her virginity,' then the girl's father and mother shall bring proof that she was a virgin to the town elders at the gate. The girl's father will say to the elders, 'I gave my daughter in marriage to this man, but he dislikes her. Now he has slandered her and said I did not find your daughter to be a virgin. But here is the proof of my daughter's virginity.' Then her parents shall display the cloth before the elders of the town, and the elders shall take the man and punish him. They shall fine him a hundred shekels of silver and give them to the girl's father, because this man has given an Israelite virgin a bad name. She shall continue to be his wife; he must not divorce her as long as he lives. If, however, the charge is true and no proof of the girl's virginity can be found, she shall be brought to the door of her father's house and there the men of the town shall stone her to death. She has done a disgraceful thing in Israel by being promiscuous while still in her father's house. You must purge the evil from among you." (Deuteronomy 22:13-21)
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Adultery is considered a sin in all religions. The Bible decrees the death sentence for both the adulterer and the adulteress (Lev. 20:10). Islam also equally punishes both the adulterer and the adulteress (24:2). However, the Quranic definition of adultery is very different from the Biblical definition. Adultery, according to the Quran, is the involvement of a married man or a married woman in an extramarital affair. The Bible only considers the extramarital affair of a married woman as adultery (Leviticus 20:10, Deuteronomy 22:22, Proverbs 6:20-7:27).
"If a man is found sleeping with another man's wife, both the man who slept with her and the woman must die. You must purge the evil from Israel" (Deut. 22:22).
"If a man commits adultery with another man's wife both the adulterer and the adulteress must be put to death" (Lev. 20:10).
According to the Biblical definition, if a married man sleeps with an unmarried woman, this is not considered a crime at all. The married man who has extramarital affairs with unmarried women is not an adulterer and the unmarried women involved with him are not adulteresses. The crime of adultery is committed only when a man, whether married or single, sleeps with a married woman. In this case the man is considered adulterer, even if he is not married, and the woman is considered adulteress. In short, adultery is any illicit sexual intercourse involving a married woman. The extramarital affair of a married man is not per se a crime in the Bible. Why is the dual moral standard? According to Encyclopaedia Judaica, the wife was considered to be the husband's possession and adultery constituted a violation of the husband's exclusive right to her; the wife as the husband's possession had no such right to him. 15 That is, if a man had sexual intercourse with a married woman, he would be violating the property of another man and, thus, he should be punished.
To the present day in Israel, if a married man indulges in an extramarital affair with an unmarried woman, his children by that woman are considered legitimate. But, if a married woman has an affair with another man, whether married or not married, her children by that man are not only illegitimate but they are considered bastards and are forbidden to marry any other Jews except converts and other bastards. This ban is handed down to the children's descendants for 10 generations until the taint of adultery is presumably weakened. 16
The Quran, on the other hand, never considers any woman to be the possession of any man. The Quran eloquently describes the relationship between the spouses by saying:
" And among His signs is that He created for you mates from among yourselves, that you may dwell in tranquillity with them and He has put love and mercy between your hearts: verily in that are signs for those who reflect" (30:21).
This is the Quranic conception of marriage: love, mercy, and tranquillity, not possession and double standards.
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According to the Bible, a man must fulfil any vows he might make to God. He must not break his word. On the other hand, a woman's vow is not necessarily binding on her. It has to be approved by her father, if she is living in his house, or by her husband, if she is married. If a father/husband does not endorse his daughter's/wife's vows, all pledges made by her become null and void:
"But if her father forbids her when he hears about it, none of her vows or the pledges by which she obligated herself will stand ....Her husband may confirm or nullify any vow she makes or any sworn pledge to deny herself" (Num. 30:2-15)
Why is it that a woman's word is not binding per se ? The answer is simple: because she is owned by her father, before marriage, or by her husband after marriage. The father's control over his daughter was absolute to the extent that, should he wish, he could sell her! It is indicated in the writings of the Rabbis that: "The man may sell his daughter, but the woman may not sell her daughter; the man may betroth his daughter, but the woman may not betroth her daughter." 17 The Rabbinic literature also indicates that marriage represents the transfer of control from the father to the husband: "betrothal, making a woman the sacrosanct possession--the inviolable property-- of the husband..." Obviously, if the woman is considered to be the property of someone else, she cannot make any pledges that her owner does not approve of.
It is of interest to note that this Biblical instruction concerning women's vows has had negative repercussions on Judaeo-Christian women till early in this century. A married woman in the Western world had no legal status. No act of hers was of any legal value. Her husband could repudiate any contract, bargain, or deal she had made. Women in the West (the largest heir of the Judaeo-Christian legacy) were held unable to make a binding contract because they were practically owned by someone else. Western women had suffered for almost two thousand years because of the Biblical attitude towards women's position vis-à-vis their fathers and husbands. 18
In Islam, the vow of every Muslim, male or female, is binding on him/her. No one has the power to repudiate the pledges of anyone else. Failure to keep a solemn oath, made by a man or a woman, has to be expiated as indicated in the Quran:
"He [God] will call you to account for your deliberate oaths: for expiation, feed ten indigent persons, on a scale of the average for the food of your families; Or clothe them; or give a slave his freedom. If that is beyond your means, fast for three days. That is the expiation for the oaths you have sworn. But keep your oaths" (5:89).
Companions of the Prophet Muhammad, men and women, used to present their oath of allegiance to him personally. Women, as well as men, would independently come to him and pledge their oaths:
"O Prophet, When believing women come to you to make a covenant with you that they will not associate in worship anything with God, nor steal, nor fornicate, nor kill their own children, nor slander anyone, nor disobey you in any just matter, then make a covenant with them and pray to God for the forgiveness of their sins. Indeed God is Forgiving and most Merciful" (60:12).
A man could not swear the oath on behalf of his daughter or his wife. Nor could a man repudiate the oath made by any of his female relatives.
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10. WIFE'S PROPERTY
The three religions share an unshakeable belief in the importance of marriage and family life. They also agree on the leadership of the husband over the family. Nevertheless, blatant differences do exist among the three religions with respect to the limits of this leadership. The Judaeo-Christian tradition, unlike Islam, virtually extends the leadership of the husband into ownership of his wife.
The Jewish tradition regarding the husband's role towards his wife stems from the conception that he owns her as he owns his slave. 19 This conception has been the reason behind the double standard in the laws of adultery and behind the husband's ability to annul his wife's vows. This conception has also been responsible for denying the wife any control over her property or her earnings. As soon as a Jewish woman got married, she completely lost any control over her property and earnings to her husband. Jewish Rabbis asserted the husband's right to his wife's property as a corollary of his possession of her: "Since one has come into the possession of the woman does it not follow that he should come into the possession of her property too?", and "Since he has acquired the woman should he not acquire also her property?" 20 Thus, marriage caused the richest woman to become practically penniless. The Talmud describes the financial situation of a wife as follows:
"How can a woman have anything; whatever is hers belongs to her husband? What is his is his and what is hers is also his...... Her earnings and what she may find in the streets are also his. The household articles, even the crumbs of bread on the table, are his. Should she invite a guest to her house and feed him, she would be stealing from her husband..." (San. 71a, Git. 62a)
The fact of the matter is that the property of a Jewish female was meant to attract suitors. A Jewish family would assign their daughter a share of her father's estate to be used as a dowry in case of marriage. It was this dowry that made Jewish daughters an unwelcome burden to their fathers. The father had to raise his daughter for years and then prepare for her marriage by providing a large dowry. Thus, a girl in a Jewish family was a liability and no asset. 21 This liability explains why the birth of a daughter was not celebrated with joy in the old Jewish society (see the "Shameful Daughters?" section). The dowry was the wedding gift presented to the groom under terms of tenancy. The husband would act as the practical owner of the dowry but he could not sell it. The bride would lose any control over the dowry at the moment of marriage. Moreover, she was expected to work after marriage and all her earnings had to go to her husband in return for her maintenance which was his obligation. She could regain her property only in two cases: divorce or her husband's death. Should she die first, he would inherit her property. In the case of the husband's death, the wife could regain her pre-marital property but she was not entitled to inherit any share in her deceased husband's own property. It has to be added that the groom also had to present a marriage gift to his bride, yet again he was the practical owner of this gift as long as they were married. 22
Christianity, until recently, has followed the same Jewish tradition. Both religious and civil authorities in the Christian Roman Empire (after Constantine) required a property agreement as a condition for recognizing the marriage. Families offered their daughters increasing dowries and, as a result, men tended to marry earlier while families postponed their daughters' marriages until later than had been customary. 23 Under Canon law, a wife was entitled to restitution of her dowry if the marriage was annulled unless she was guilty of adultery. In this case, she forfeited her right to the dowry which remained in her husband's hands. 24 Under Canon and civil law a married woman in Christian Europe and America had lost her property rights until late nineteenth and early twentieth centuries. For example, women's rights under English law were compiled and published in 1632. These 'rights' included: "That which the husband hath is his own. That which the wife hath is the husband's." 25 The wife not only lost her property upon marriage, she lost her personality as well. No act of her was of legal value. Her husband could repudiate any sale or gift made by her as being of no binding legal value. The person with whom she had any contract was held as a criminal for participating in a fraud. Moreover, she could not sue or be sued in her own name, nor could she sue her own husband. 26 A married woman was practically treated as an infant in the eyes of the law. The wife simply belonged to her husband and therefore she lost her property, her legal personality, and her family name. 27
Islam, since the seventh century C.E., has granted married women the independent personality which the Judaeo-Christian West had deprived them until very recently. In Islam, the bride and her family are under no obligation whatsoever to present a gift to the groom. The girl in a Muslim family is no liability. A woman is so dignified by Islam that she does not need to present gifts in order to attract potential husbands. It is the groom who must present the bride with a marriage gift. This gift is considered her property and neither the groom nor the bride's family have any share in or control over it. In some Muslim societies today, a marriage gift of a hundred thousand dollars in diamonds is not unusual. 28 The bride retains her marriage gifts even if she is later divorced. The husband is not allowed any share in his wife's property except what she offers him with her free consent. 29 The Quran has stated its position on this issue quite clearly:
"And give the women (on marriage) their dower as a free gift; but if they, Of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer" (4:4)
The wife's property and earnings are under her full control and for her use alone since her, and the children's, maintenance is her husband's responsibility. 30 No matter how rich the wife might be, she is not obliged to act as a co-provider for the family unless she herself voluntarily chooses to do so. Spouses do inherit from one another. Moreover, a married woman in Islam retains her independent legal personality and her family name. 31 An American judge once commented on the rights of Muslim women saying: " A Muslim girl may marry ten times, but her individuality is not absorbed by that of her various husbands. She is a solar planet with a name and legal personality of her own." 32
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The three religions have remarkable differences in their attitudes towards divorce. Christianity abhors divorce altogether. The New Testament unequivocally advocates the indissolubility of marriage. It is attributed to Jesus to have said, "But I tell you that anyone who divorces his wife, except for marital unfaithfulness, causes her to become adulteress, and anyone who marries the divorced woman commits adultery" (Matthew 5:32). This uncompromising ideal is, without a doubt, unrealistic. It assumes a state of moral perfection that human societies have never achieved. When a couple realizes that their married life is beyond repair, a ban on divorce will not do them any good. Forcing ill-mated couples to remain together against their wills is neither effective nor reasonable. No wonder the whole Christian world has been obliged to sanction divorce.
Judaism, on the other hand, allows divorce even without any cause. The Old Testament gives the husband the right to divorce his wife even if he just dislikes her:
"If a man marries a woman who becomes displeasing to him because he finds something indecent about her, and he writes her a certificate of divorce, gives it to her and sends her from his house, and if after she leaves his house she becomes the wife of another man, and her second husband dislikes her and writes her a certificate of divorce, gives it to her and sends her from his house, or if he dies, then her first husband, who divorced her, is not allowed to marry her again after she has been defiled" (Deut. 24:1-4).
The above verses have caused some considerable debate among Jewish scholars because of their disagreement over the interpretation of the words "displeasing", "indecency", and "dislikes" mentioned in the verses. The Talmud records their different opinions:
"The school of Shammai held that a man should not divorce his wife unless he has found her guilty of some sexual misconduct, while the school of Hillel say he may divorce her even if she has merely spoiled a dish for him. Rabbi Akiba says he may divorce her even if he simply finds another woman more beautiful than she" (Gittin 90a-b).
The New Testament follows the Shammaites opinion while Jewish law has followed the opinion of the Hillelites and R. Akiba. 33 Since the Hillelites view prevailed, it became the unbroken tradition of Jewish law to give the husband freedom to divorce his wife without any cause at all. The Old Testament not only gives the husband the right to divorce his "displeasing" wife, it considers divorcing a "bad wife" an obligation:
"A bad wife brings humiliation, downcast looks, and a wounded heart. Slack of hand and weak of knee is the man whose wife fails to make him happy. Woman is the origin of sin, and it is through her that we all die. Do not leave a leaky cistern to drip or allow a bad wife to say what she likes. If she does not accept your control, divorce her and send her away" (Ecclesiasticus 25:25).
The Talmud has recorded several specific actions by wives which obliged their husbands to divorce them: "If she ate in the street, if she drank greedily in the street, if she suckled in the street, in every case Rabbi Meir says that she must leave her husband" (Git. 89a). The Talmud has also made it mandatory to divorce a barren wife (who bore no children in a period of ten years): "Our Rabbis taught: If a man took a wife and lived with her for ten years and she bore no child, he shall divorce her" (Yeb. 64a).
Wives, on the other hand, cannot initiate divorce under Jewish law. A Jewish wife, however, could claim the right to a divorce before a Jewish court provided that a strong reason exists. Very few grounds are provided for the wife to make a claim for a divorce. These grounds include: A husband with physical defects or skin disease, a husband not fulfilling his conjugal responsibilities, etc. The Court might support the wife's claim to a divorce but it cannot dissolve the marriage. Only the husband can dissolve the marriage by giving his wife a bill of divorce. The Court could scourge, fine, imprison, and excommunicate him to force him to deliver the necessary bill of divorce to his wife. However, if the husband is stubborn enough, he can refuse to grant his wife a divorce and keep her tied to him indefinitely. Worse still, he can desert her without granting her a divorce and leave her unmarried and undivorced. He can marry another woman or even live with any single woman out of wedlock and have children from her (these children are considered legitimate under Jewish law). The deserted wife, on the other hand, cannot marry any other man since she is still legally married and she cannot live with any other man because she will be considered an adulteress and her children from this union will be illegitimate for ten generations. A woman in such a position is called an agunah (chained woman). 34 In the United States today there are approximately 1000 to 1500 Jewish women who are agunot (plural for agunah), while in Israel their number might be as high as 16000. Husbands may extort thousands of dollars from their trapped wives in exchange for a Jewish divorce. 35
Islam occupies the middle ground between Christianity and Judaism with respect to divorce. Marriage in Islam is a sanctified bond that should not be broken except for compelling reasons. Couples are instructed to pursue all possible remedies whenever their marriages are in danger. Divorce is not to be resorted to except when there is no other way out. In a nutshell, Islam recognizes divorce, yet it discourages it by all means. Let us focus on the recognition side first. Islam does recognize the right of both partners to end their matrimonial relationship. Islam gives the husband the right for Talaq (divorce). Moreover, Islam, unlike Judaism, grants the wife the right to dissolve the marriage through what is known as Khula'. 36 If the husband dissolves the marriage by divorcing his wife, he cannot retrieve any of the marriage gifts he has given her. The Quran explicitly prohibits the divorcing husbands from taking back their marriage gifts no matter how expensive or valuable these gifts might be:
"But if you decide to take one wife in place of another, even if you had given the latter a whole treasure for dower, take not the least bit of it back; Would you take it by slander and a manifest wrong?" (4:20).
In the case of the wife choosing to end the marriage, she may return the marriage gifts to her husband. Returning the marriage gifts in this case is a fair compensation for the husband who is keen to keep his wife while she chooses to leave him. The Quran has instructed Muslim men not to take back any of the gifts they have given to their wives except in the case of the wife choosing to dissolve the marriage:
"It is not lawful for you (Men) to take back any of your gifts except when both parties fear that they would be unable to keep the limits ordained by Allah. There is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah so do not transgress them" (2:229).
Also, a woman came to the Prophet Muhammad seeking the dissolution of her marriage, she told the Prophet that she did not have any complaints against her husband's character or manners. Her only problem was that she honestly did not like him to the extent of not being able to live with him any longer. The Prophet asked her: "Would you give him his garden (the marriage gift he had given her) back?" she said: "Yes". The Prophet then instructed the man to take back his garden and accept the dissolution of the marriage (Bukhari).
In some cases, A Muslim wife might be willing to keep her marriage but find herself obliged to claim for a divorce because of some compelling reasons such as: Cruelty of the husband, desertion without a reason, a husband not fulfilling his conjugal responsibilities, etc. In these cases the Muslim court dissolves the marriage. 37
In short, Islam has offered the Muslim woman some unequalled rights: she can end the marriage through Khula' and she can sue for a divorce. A Muslim wife can never become chained by a recalcitrant husband. It was these rights that enticed Jewish women who lived in the early Islamic societies of the seventh century C.E. to seek to obtain bills of divorce from their Jewish husbands in Muslim courts. The Rabbis declared these bills null and void. In order to end this practice, the Rabbis gave new rights and privileges to Jewish women in an attempt to weaken the appeal of the Muslim courts. Jewish women living in Christian countries were not offered any similar privileges since the Roman law of divorce practiced there was no more attractive than the Jewish law. 38
Let us now focus our attention on how Islam discourages divorce. The Prophet of Islam told the believers that:
"among all the permitted acts, divorce is the most hateful to God" (Abu Dawood).
A Muslim man should not divorce his wife just because he dislikes her. The Quran instructs Muslim men to be kind to their wives even in cases of lukewarm emotions or feelings of dislike:
"Live with them (your wives) on a footing of kindness and equity. If you dislike them it may be that you dislike something in which Allah has placed a great deal of good" (4:19).
Prophet Muhammad gave a similar instruction:
" A believing man must not hate a believing woman. If he dislikes one of her traits he will be pleased with another" (Muslim).
The Prophet has also emphasized that the best Muslims are those who are best to their wives:
"The believers who show the most perfect faith are those who have the best character and the best of you are those who are best to their wives" (Tirmidthi).
However, Islam is a practical religion and it does recognize that there are circumstances in which a marriage becomes on the verge of collapsing. In such cases, a mere advice of kindness or self restraint is no viable solution. So, what to do in order to save a marriage in these cases? The Quran offers some practical advice for the spouse (husband or wife) whose partner (wife or husband) is the wrongdoer. For the husband whose wife's ill-conduct is threatening the marriage, the Quran gives four types of advice as detailed in the following verses:
"As to those women on whose part you fear disloyalty and ill-conduct, (1) Admonish them, (2) refuse to share their beds, (3) beat them; but if they return to obedience seek not against them means of annoyance: For Allah is Most High, Great. (4) If you fear a break between them, appoint two arbiters, one from his family and the other from hers; If they wish for peace, Allah will cause their reconciliation" (4:34-35).
The first three are to be tried first. If they fail, then the help of the families concerned should be sought. It has to be noted, in the light of the above verses, that beating the rebellious wife is a temporary measure that is resorted to as third in line in cases of extreme necessity in hopes that it might remedy the wrongdoing of the wife. If it does, the husband is not allowed by any means to continue any annoyance to the wife as explicitly mentioned in the verse. If it does not, the husband is still not allowed to use this measure any longer and the final avenue of the family-assisted reconciliation has to be explored.
Prophet Muhammad has instructed Muslim husbands that they should not have recourse to these measures except in extreme cases such as open lewdness committed by the wife. Even in these cases the punishment should be slight and if the wife desists, the husband is not permitted to irritate her:
"In case they are guilty of open lewdness you may leave them alone in their beds and inflict slight punishment. If they are obedient to you, do not seek against them any means of annoyance" (Tirmidthi)
Furthermore, the Prophet of Islam has condemned any unjustifiable beating. Some Muslim wives complained to him that their husbands had beaten them. Hearing that, the Prophet categorically stated that:
"Those who do so (beat their wives) are not the best among you" (Abu Dawood).
It has to be remembered at this point that the Prophet has also said:
"The best of you is he who is best to his family, and I am the best among you to my family" (Tirmidthi).
The Prophet advised one Muslim woman, whose name was Fatimah bint Qais, not to marry a man because the man was known for beating women:
"I went to the Prophet and said: Abul Jahm and Mu'awiah have proposed to marry me. The Prophet (by way of advice) said: As to Mu'awiah he is very poor and Abul Jahm is accustomed to beating women" (Muslim).
It has to be noted that the Talmud sanctions wife beating as chastisement for the purpose of discipline. 39 The husband is not restricted to the extreme cases such as those of open lewdness. He is allowed to beat his wife even if she just refuses to do her house work. Moreover, he is not limited only to the use of light punishment. He is permitted to break his wife's stubbornness by the lash or by starving her. 40
For the wife whose husband's ill-conduct is the cause for the marriage's near collapse, the Quran offers the following advice:
"If a wife fears cruelty or desertion on her husband's part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best" (4:128).
In this case, the wife is advised to seek reconciliation with her husband (with or without family assistance). It is notable that the Quran is not advising the wife to resort to the two measures of abstention from sex and beating. The reason for this disparity might be to protect the wife from a violent physical reaction by her already misbehaving husband. Such a violent physical reaction will do both the wife and the marriage more harm than good. Some Muslim scholars have suggested that the court can apply these measures against the husband on the wife's behalf. That is, the court first admonishes the rebellious husband, then forbids him his wife's bed, and finally executes a symbolic beating. 41
To sum up, Islam offers Muslim married couples much viable advice to save their marriages in cases of trouble and tension. If one of the partners is jeopardizing the matrimonial relationship, the other partner is advised by the Quran to do whatever possible and effective in order to save this sacred bond. If all the measures fail, Islam allows the partners to separate peacefully and amicably.