Gender Equity in Islam presents an overview of the status and rights of Muslim women as defined by the Qur'an and Sunnah. In this brief but important work, Dr. Jamal Badawi examines the spiritual, social, economic, and political aspects of women's position in Islam and, in doing so, effectively summarizes the role of women in Muslim society. Further, in explaining the sources that provide the foundations for Islam's stance on gender equity, the author discusses the role of Islamic scholars in their approach to women's issues.

Dr. Badawi is a well-respected author and scholar of Islam. I respect him highly and also recommend this book to muslims and non-muslims alike (i wish it was required reading :)) Dr. Badawi takes no profit from his books and tapes, and the cost of his books are basically the cost of printing. May we make duah for him and his family Ameen.


This book is reproduced here electronically with the permission of Dr. Badawi. - H.A.

copyright 1995 Jamal Badawi
published by American Trust Publications
Plainfield, Indiana.



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: for Allah can best protect both. Follow not the desires (of your hearts), lest you swerve, and if you distort (justice) or decline to do justice, verily Allah is well acquainted with all that you do. (Qur'an 4:135)
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--fear 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)

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 Messenger. On them will Allah pour His Mercy: for Allah is Exalted in power, Wise. (Qur'an 9:71)


Highlights you can jump to in the book::


The Spiritual Aspect
The Qur'an depicts Adam and Eve as equally responsible for their sin in the garden
Pregnancy and Childbirth
Men and women have the same religoius and moral duties and responsibilities
The Economic Aspect The right to possess personal property
Financial security and inheritance laws
Woman's right to seek employment
As a Daughter
As a Mother
Marriage in Islam is based on mutual peace, love and compassion
Education is not only a right but a responsibilityfor all males and females.
The right to accept or reject marriage proposals
Associating polygyny with Islam is one of the most persistent myths
Modesty and Social Interaction
Total seclusion of women is alien to the prophetic period
Both genders are entitled to equality before the law
Testimony
Participation in social and political life
Women in Leadership Positions
The Ideal and the Reality: Islamic Reformation and Renewal


INTRODUCTION AND METHODOLOGY


ISLAM AND CULTURAL PRACTICES
When writing or speaking about the Islamic position on any issue, one ought to clearly differentiate between the normative teachings of Islam and the diversity of cultural practices prevalent among its adherents that may or may not be consistent with those teachings. This paper discusses the normative teachings of Islam with regard to the standing and role of women in society as the criteria by which to judge the practice of Muslims and to evaluate their compliance with Islam.

PRIMARY SOURCES OF ISLAM
In identifying what is "Islamic" it is necessary to make a clear distinction between the primary sources of Islam -- the Qur'an and the Sunnah of Prophet Muhammad (P) [2] -- and legal opinions derived from them by scholars in regard to specific issues.

FACTORS IN INTERPRETATION
The process of extracting laws from the primary sources is a human function. The surmise of legal practitioners may therefore vary considerabley and be influenced by their specific times, circumstances and cultures. Obviously, opinions and verdicts of human beings do not enjoy the autheority or the finality accorded to the primary sources, which God revealed. Futhermore, interpretation of the primary sources should consider, among other things:
1. The context of any statement or commandment in the Qur'an and the Sunnah.

In the case of the Qur'an, this includes both the context of the surah and the verses under examination, as well a sthe general perspective of Islam, its teachings, and its world-view. As for the Sunnah of the Prophet (P) the same applies to its texts.

2. The occasion of revelation that is, the historical background providing the primary reasons or causes underlying revelation of a Qur'anic portion or verse to the Prophet (P), which may help to better elucidate its meaning; and, with regard to the Sunnah, the event or the incident that occasioned the statement or action of the Prophet.

3. The role of the Sunnah in explaining and defining the meaning of the Qur'anic text.

To Muslims, Sunnah is a form of revealation given to Prophet Muhammad (P), but not verbatim, as is the case with the Qur'an. As such, authentic Sunnah is the second primary source of Islamic teachings, after the Qur'an. It plays the important roles of defining, explaining and elaborating the Qur'anic text. for example, the second "pillar" of Islam, prayer, is mentioned in the Qur'an but without details about how it should be performed. Such details were left for Prophet Muhammad (P) to explain based on the instructions of angel Gabriel.

Disregard or ignorance of sunnah may lead to serious errors of interpretation. At times, the literal or lexical meaning of a term used in the qur'an may not be its correct meaning if the Prophet (P) qualified or specified what is meant by it. erros are multipled when an erroneous literal meaning is translated from the original Arabic text of the Qur'an into another language, which, in turn may have its own connotations for the translated words used. A detailed illustrationo f this type of error is provided in endnote 14.

Following the above methodology, and for the reader's convenience, the issue of gender equity is discussed under four broad headings:


The Spiritual Aspect
The Economic Aspect
The Social Aspect
The Political and Legal Aspect

It is hoped that, insha'Allah (God willing), this humble contributionmay help in providing a basic frame of reference for more detailed treatments of this vital topic, from an Islamic perspective.



THE SPIRITUAL ASPECT
FOUNDATIONS OF SPIRITUAL AND HUMAN EQUITY

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


O mankind! Reverence your Guardian-Lord, Who created you from a single person (nafsin- waahidah), created, of like nature, his mate, and from them two 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 He is the one that hears and sees (all things). (Qur'an 42:11)

2. Both men and women alike are recipients of the "divine breath," because they are created with the same human spiritual nature. Indeed, as the Qur'an states, Allah originated them both from a single person or "one soul" (nafsin-waahidah). Reflecting the magnitude of this universal divine gift, the Qur'an states:


But He fashioned him (the human, or insan) in due proportion and breathed into him something of His spirit. And He gave you (the faculties of) hearing and sight and understanding: Little thanks do you give! (Qur'an 32:9)

Referring to Adam, the father of both men and women, the Qur'an relates that Allah commanded the angels to bow down (in respect) to him:


So if I have fashioned him (in due proportion) and breathed into him of My spirit, fall down in obeisance unto him. (Qur'an 15:29)
3. Allah has invested both genders with inherent dignity and has made men and women, collectively, the 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? While we celebrate Your praises and glorify Your holy (name)?" He said: "I know what you know not." (Qur'an 2:30)

4. The Qur'an does not blame woman for the "fall of man," nor does it view pregnancy and childbirth as punishments for "eating from the forbidden tree."On the contrary,the Qur'an depicts Adam and Eve as equally responsible for their sin in the garden , never singling out Eve for blame. It also esteems pregnancy and childbirth as sufficient reasons for the love and respect due to mothers from their children.


O Adam! You and your wife dwell 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 Satan began to whisper suggestions to them, bringing openly before their minds all their shame 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 forever."
And he swore to them both that he was their sincere adviser. So by deceit he brought about 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 know 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! 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)
Regarding pregnancy and childbirth, the Qur'an states:


And We have enjoined on (every) person (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 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 (every) person kindness to his/her parents: in pain did his/her mother bear him/her and in pain did she give 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 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 duties and responsiblities. Each human being shall face the consequences of his or her deeds. And their Lord has accepted of them and answered them:


"Never will I suffer to be lost the work of any of you, be he/she male or female: you are members one of another..." 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, for believing men and women, for devout men and women, for true men and women, for men and women who are patent 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 you shall 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 forever! This is indeed the highest Achievement!" (Qur'an 57:12)


CRITERION FOR "SUPERIORITY"
The Qur'an is quite clear about the issue of claimed superiority or inferiority of any human male or female:

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 acquanted (with all things). (Qur'an 49:13)
A few observations about this verse may be helpful in tracing the foundation of spiritual and human equality before Allah:

a. It begins by addressing not only Muslims but the whole of mankind, irrespective of their gender and their national or religious backgrounds. As such, it is a universal declaration to all made by the Creator of all.

b. It states that there is only One creator of all mankind. As such there is no room for arguments of superiority based on one's having been created by a "superior" God, as there is only One god (Allah). Nor is there any basis for a caste system based on some having been created in a way which is "different" from others or is superior. As Prophet Muhammad (P) explained, "... You all belong to Adam, and Adam was created from dust." In the process of human reporduction there is no superiority or inferiority; kings and paupers, males and females, are created from what the qur'an describes as "despised fluid."

Our having been crated by the One and Only Creator implies our basic equality before Him; He is just to all.

c. Being a faithful creature, servant and worshipper of the One god is at the heart of one's real spirituality and humanness. In this, the essence of gender equality finds its most profound basis.

d. The verse states that all human beings are created min thakarin wa-untha, which can be translated literally as "of male and female." This means in pairs, as the Qur'an explicitly mentiones elsewhere (e.g. 78:8). Each component of the pair is as necessary and as important as the other and hence is equal to him or her. The wording of this verse has been commonly translated as "from a (single pair of) a male and a female," referring to Adam and Eve. this serves as a reminder to all mankind that they belong to the same family, with one common set of parents. As such they are all equal, as brothers and sisters in that broad and "very extended" family.

e. Variations in gender, languages, ethnic backgrounds and, by implication, religious claims, do not provide any basis for superiority or inferiority. Thhe implication of "that you may know each other" (Qur'an 49:13) is that such variations constitute a delibrate mosaic that Allah created, which is more interesting and more beautiful than a single "color" or a "unisex".

f. Most significant and relevant to the topic at hand is the clear categorical statement that the most honored person in the sight of allah is the one who is most pious and righteous. this precludes any other basis for superiority, including. gender.

6. Nowhere does the Qur'an state that ones gender is superior to the other. Some interpreters of the Qur'an mistakenly translate the Arabic word qiwamah (responsibility for the family) with the English word "superiority." The Quran makes it clear that the sole basis for superiority of any person over another is piety and righteousness , not gender, color or nationality.

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 attributed to women. Socitied to which prophets were sent, including the Israelities, pre-Islamic Arabs and others, were largely patriarchal socieites. they probably would have been less responsibe to the ministry of female messengers of god. In fact, they made things extremely difficult for male messengers.

From this chapter, it is clear that in terms of spirituality and humanness, both genders stand on equal footing before Allah. It is clear also that nowhere in the primary sources of Islam (the Qur'an and Sunnah) do we find any basis for the superiority of one gender over the other. Human misinterpretations, culturally-bound opinions or manipulations are not congruent with what Islam teaches. The full equality of all human beings before Allah is beyond doubt. This equality should not be confused , however , with role differentiation in the spirit of cooperation and complimentary. This is why equity is a more accurate term than "equality," as explained in end-note 1 and as applied in the remaining chapters of this work.



THE ECONOMIC ASPECT
THE RIGHT TO POSSESS PERSONAL PROPERTY

One aspect of the world-view of Islam is that everything in heaven and earth belong to Allah:


To Allah belongs all that is in the heavens and on earth... (Qur'an 2:284)
As such, all wealthy and resources are ultimately "owned" by Allah. However, out of Allah's mercy He created mankind to be, collectively, his trustees on earth. In order to help mankind fulfill this trustee- ship, he made the universe serviceable to mankind:


And He (Allah) has subjected to you, as from Him, all that is in the heavens and on earth: behold, in that are signs indeed for those who reflect. (Qur'an 45:13)
It is the human familiy that is addressed in the above and in other verses of the Qur'an. And since that family includes both genders, it follows that the basic right to personal possession of property (as Allah's trustees) applies equally to males and females. More specifically:

1. The Shari'ah (Islamic Law) recognizes the full property rights of women before and after marriage. They may buy, sell or lease any or all of their properties at will. For this reason, Muslim women may keep (and in fact they have traditionally kept) their maiden names after marriage, an indication of their independent property rights as legal entities.


FINANCIAL SECURITY AND INHERITANCE LAWS
2. Financial security is assured for women. They are entitled to receive martial gifts without limit and to keep present and future properties and income for their own security, even after marriage. No married woman is required to spend any amount at all from her property and income on the household. In special circumstances, however, such as when her husband is ill, disabled or jobless, she may find it necessary to spend from her earnings or savings to provide the necessities for her family. While this is not a legal obligation, it is consistent with the mutuality of care, love and cooperation among family members. The woman is entitled also to full financial support during marriage and during the waiting period ('iddah) in case of divorce or widowhood. Some jurists require , in addition, one year's support for divorce and widowhood (or until they remarry, if remarriage takes place before the year is over).

A woman who bears a child in marriage is entitled to child support from the child's father. Generally, a Muslim woman is guaranteed support in al stages of her life, as a daughter, wife and mother or sister. The financial advantages accorded to women and not to men in marriage and in family have a social counterpart in the provisions that the Qur'an lays down in the laws of inheritance, which afford the male, in most cases, twice the inheritance of a female. Males inherit more but ultimately they are financially responsible for their female relatives: their wives, daughters, mothers and sisters. Females inherit less but retain their share for investment and financial security, without any legal obligation to spend any part of it, even for their own sustenance (food, clothing, housing, medication, etcetera).

It should be noted that in pre-Islamic society, women themselves were sometimes objects of inheritance. In some Western countries, even after the advent of Islam, the whole estate of the deceased was given to his/her eldest son. The Qur'an however , made it clear that both men and women are entitled to a specified share of the estate of their deceased parents or close relations:


From what is left by parents and those nearest related, there is a share for men and a share for women, whether the property be small or large -- a determinate share (Qur'an 4:7)


EMPLOYMENT
With regard to the woman's right to seek employment , it should be stated first that Islam regards her role in society as a mother and a wife as her most sacred and essential one. Neither maids nor baby sitters can possibly take the mother's place as the educator of an upright, complex-free and carefully-reared child. Such a noble and vital role, which largely shapes the future of nations, cannot be regarded as "idleness." This may explain why a married woman must secure her husband's consent if she wishes to work, unless her right to work was mutually agreed to as a condition at the time of marriage.

However, there is no decree in Islam that forbids women from seeking employment whenever there is a necessity for it, especially in positions which fit her nature best and in which society needs her most. Examples of these professions are nursing, teaching (especially children), medicine, and social and charitable work. Moreover there is no restriction on benefiting from women's talents in any field. Some early jurists, such as Abu-Hanifah and Al-Tabari, uphold that a qualified Muslim woman may be appointed to the position of a judge. Other jurists hold different opinions. Yet, no jurist is able to point to an explicit text in the Qur'an or Sunnah that categorically excludes women from any lawful type of employment except for the headship of the state, which is discussed in the following chapter. Omar, the second Caliph after the Prophet (P), appointed a woman (Um Al-Shifaa' bint Abdullah) as the marketplace supervisor, a position that is equivalent in our world to "director of the consumer protection department."

In countries where Muslims are a numerical minority, some Muslim women, while recognizing the importance of their role as mothers, may be forced to seek employment in order to survive. This is especially true in the case of divorcees and widows and in the absence of the Islamic financial security measures outlined above.


THE SOCIAL ASPECT

AS A DAUGHTER

1. The Qur'an 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 81:8-9)
2. The Qur'an went further to rebuke the unwelcoming attitude of 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 he hides 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 (P) said,


Whosoever has a daughter and 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 until they mature, he and I will come on the day of judgment as this (and he pointed with his two fingers held together). (Ahmad)

4. A crucial aspect in the upbringing of daughters that greatly influenced their future is education. Education is not only a right but a responsibility for all males and females. Prophet Muhammad (P) said, "Seeking knowledge is mandatory for every Muslim." The word "Muslim" here is inclusive of both males and females.



AS A WIFE
1. Marriage in Islam is based on mutual peace, love and compassion, and not the mere satisfying of human sexual desire.


And among His Signs is this, 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. (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)