Saturday 16 July 2011

Women’s Human Rights and Islam by Shahid Rashid (Criminologist, law enforcer & law instructor)

It is necessary to highlight the human rights of women according to Islamic teachings in order to viulaize the true concepts of islam regarding women.  Islam admits the rights of women. Islam does not impose restrictions or restrains to the freedom and privileges of women (Ahmad, 1992). The rights of women are present vividly and resolutely in the teachings of Islam. Holy prophet Muhammad (Peace be upon him) ordered in his last sermon "Treat your women well and be kind to them for they are your partners and committed helpers"(qtd in Engineer, 1992, p.23)
In Ibn Hanbal 33, The Prophet also said, "Whosoever has a daughter and he does not bury her alive, does not insult her, and does not favour his son over her; God will enter him into Paradise" (qtd in Engineer, p.23). In another saying he expressed, "Whosoever supports two daughters till they mature, he and I will come in the Day of Judgment as this, and he pointed with his two fingers held together" (qtd in Engineer, p.24). These statements showed that the holy prophet Muhammad (PBHU) focused on the improvement of the status of women in Islam.
A woman is equally important to man as a member of society. In front of God, there are the same standards of punishments and rewards for women and men. The Holy Quran says," Whoever works righteousness, man or woman, and has faith, verily to him will We give a new life that is good and pure, and We will bestow on such their reward according to the their actions" (16:97)-44.
Unfortunately, many historians and religious scholars try to downgrade the status of woman by saying that women are inferior; they claim that it is because of Eve that Adam committed the first mistake of eating the forbidden fruit. However, women, according to the Quran, are not to be blamed for Adam's first mistake. Both were jointly wrong in their disobedience to God, both repented, and both were forgiven (2:36).
Similarly, according to Islamic sharia (Islamic laws), women cannot be forced to marry anyone against their will (Engineer, 1992). The women's free consent to a marriage proposal is indispensable and the man must agree to pay a specified amount of money which is mahr (55) to the women with whom he is going to marry (Jilanee, 2004). The following example clearly illustrates this right, “Ibn Abbas (66) reported that a girl came to the Messenger of God, Muhammad (PBUH) 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 and invalidating it”(qtd in Engineer, 1992). About the treatment of women, the Holy Quran clearly says, "consort with them in kindness, for if you hate them it may happen that you hate a thing wherein God has placed much good" (4: l9). Islam gives rights of inheritance to women. The following verse of the Holy Quran explains this right clearly. "To the men a share of what parents and kinsmen leave, and to the women a share of what parents and kinsmen leave, whether it be little or much, a share apportioned" (4:7). Likewise, according to Islam, women have same rights as men have. The slightest difference is that, being physically strong, man is supposed to work for the nourishment of his family.
The Quran thus states: "And they (women) have rights similar to those (of men) over them, and men are a degree above them"(2:228). From this verse of Holy Quran, many narrow-minded religious scholars try to prove that man is superior to woman. Here the Holy Quran, however, is speaking only in terms of protection. It implies no superiority or advantage before the law. This does not mean the husband has dictatorship over his wife (Engineer, 1992). Similarly, the Holy Quran calls both spouses as each other "garment"(2:187). The Holy Quran also gives the right for separation to a wife if she fears her cruel husband (4:128).
Also, according to Quran, if a person launches a bad charge against a chaste woman and he does not support this charge by four male witnesses, he will be punished (24:4). The unfortunate fact is that here the Quran did not say a victim of rape must provide four male witnesses for a rape to be proven, but people have interpreted these verses in just such a way in recent history.
The Quran further says:
O mankind! Be careful of your duty to your Lord, Who created you from a single soul and from it its mate and from them both have spread abroad a multitude of men and women. Be careful of your duty toward Allah in Whom you claim (your rights) of one another, and towards the wombs (that bore you). Lo! Allah has been a Watcher over you (4:1)
Also in this verse, gender equality is obvious. "I shall not lose sight of the labor of any of you who labors in My way, be it man or woman; each of you is equal to the other"(3:195).
Since men and women both came from the same essence, they are equal in their humanity. Women cannot be by nature evil (as some religions believe) or else men would be evil also. Similarly, neither gender can be superior because it would be a contradiction of equality. Men and women are regarded as equal, keeping in view their different nature and particular disposition. A woman's rights and responsibilities are equal to those of a man yet not alike. Their roles are different yet this does not imply that one is inferior to the other (Unis, 2004).
In Ibn-Hanbal, the Holy Prophet clearly said, “The most perfect believers are the best in conduct and best of you are those who are best to their wives" (qtd in Engineer, 1992, p.29). In a true Islamic society, women enjoy their rights. They are safe from the domestic violence in their homes. They have same right and duty to obtain education as men have. In Sahih Bukhari (77), the Holy prophet said,' it is compulsory for women and men to get education" (qtd in Engineer, 1992, p.29).
Islam also gives the right to work, to earn money if women need it or want it. According to Holy Quran "Men have a share of what they earn and women have a share of what they earn" (4:32). Similarly women enjoy having rights to property in Islam, "Men have a share of what their parents and relatives leave behind, and women have a share of what their parents and relatives leave behind, whether the estate be small or large – a legal share"(4:7).
These statements of Holy Prophet Muhammad (PBHU) and Holy Quran clearly show how Islam determines the status of women in society. The problem starts when people misinterpret the teachings of Islam according to their own wishes. Scholars such as Engineer (1992), Hekmat (1998) and Barlas (2002) highlight that throughout the history of Islam, male historians and religious scholars wrote about the teachings of Islam and they kept their gender- biased approach in their work. Similarly, different cultural and traditional practices have been incorporated in the teachings of Islam, which have spoiled the true teachings of Islam.

REFERENCES
Ahmad, Leila. (1992). “Women and gender in Islam: historical roots of a modern
debate.” USA: Yale university press.

Engineer, Asghar Ali. (1992). “The Rights of Women in Islam”. London: C.Hurst&
Company.

Jilanee, B.G. (2004, December 17). “Status of women in Islam”. DAWN,
Islamabad, http://www.dawn.com/2004/12/17/op.htm

Unis, Sidrah. (2004). “Woman’s status in Islam". DAWN. Islamabad, 1st October,
http://www.dawn.com/2004/10/01/op.htm

Hekmat, Anwar. (1998). “Women and the Quran: the status of women in Islam".
New York: Prometheus books.

Barlas, Asma.( 2002). “Believing Women" in Islam: Unreading Patriarchal
Interpretations of the  Qur'an”. Karachi: Oxford University Press.

3 3 Name of a religious book of Muslims, consisting of sayings of Holy Prophet Muhammad (PBHU)

4 4 Chapter no 16 and verse no 97 of Holy Quran, religious book of Muslims

5 5 Arabic word for dowry given by Husband to wife

6 6 A companion of Holy Prophet Muhammad ( PBUH)

7 7 A religious book of Muslims consisting of sayings of Holy Prophet Muhammad (PBUH)

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