gender equality and equity

By: Shafin Verani

November 2013

Marriage/ Mehr:

Also (forbidden are) women already married, except those whom your right hands possess. Thus has Allah ordained for you. All others are lawful, provided you seek (them in marriage) with Mahr from your property, desiring chastity, not committing illegal sexual intercourse, so with those of whom you have enjoyed sexual relations, give them their Mahr as prescribed; but if after a Mahr is prescribed, you agree mutually (to give more), there is no sin on you. Surely, Allah is Ever All-Knowing, All-Wise.

Surah 4 Ayat 24

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Divorce/ Mehr:

And if you divorce them before you have touched (had a sexual relation with) them, and you have appointed unto them the Mahr, then pay half of that (Mahr), unless they (the women) agree to forego it, or he, in whose hands is the marriage tie, agrees to forego and give her full appointed Mahr. And to forego and give (her the full Mahr) is nearer to At-Taqwa (piety, righteousness, etc.). And do not forget liberality between yourselves. Truly, Allah is All-Seer of what you do.

Surah 2 Ayat 237

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Legality of Marriage – A Social Contract Why not religious or spiritual bond? What are the binding principles of any contract?

Social Economics / Financial What else ??

Men / Women who are allowed to get married with Why there are limitations?

Piety Mehr Divorce Gender Equality / Equity

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We find four kinds of biological relationships between the males and females in pre-Islamic society; they are:

1. Man would propose for and marry another’s daughter

or dependent by giving a certain dower

2. A man desiring a noble offspring, would ask his wife to call in the house a noble man and beget an issue through that man

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We find four kinds of biological relationships between the males and females in pre-Islamic society; they are:

3. A limited number of persons, less than 10, would visit a

woman and after delivery of a child, the woman would fix paternity out of those people and the man would be bound to accept the child.

4. There were prostitutes who had a large number of visitors. If a child was born to any of them, paternity would be decided on comparing the appearance of the child with any of the visitors.

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Which of the above, do you think, has been accepted by Islam and with what sort

of amendment?

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Which of the above, do you think, has been accepted by Islam and with what sort of amendment?

Case # 1 has been granted legality in Islam with the

amendment that the amount to be paid to the wife.

Now look at the Ayat again.

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Marriage / Mehr:

Also (forbidden are) women already married, except those whom your right hands possess. Thus has Allah ordained for you. All others are lawful, provided you seek (them in marriage) with Mahr from your property, desiring chastity, not committing illegal sexual intercourse, so with those of whom you have enjoyed sexual relations, give them their Mahr as prescribed; but if after a Mahr is prescribed, you agree mutually (to give more), there is no sin on you. Surely, Allah is Ever All-Knowing, All-Wise.

Surah 4 Ayat 24

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Gender Equality:

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“Gender equality implies that men and women receive equal treatment..”

Gender Equality:

1964 - 2013

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Men’s

100m

• 10.06 sec

• 9.58 sec

Women’s

100m

• 11.23 sec

• 10.49 sec

Gender Equality:

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“Gender equality implies that men and women receive equal treatment unless, there is a

sound biological reason for different treatment.”

(United Nation’s Universal Declaration of Human Rights)

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Equality vs Equity:

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Equality = Sameness

Giving everyone the same thing: It only works if everyone starts from the same point / place

Equality vs Equity:

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Equity = Fairness

Giving everyone the same opportunities

We must first ensure equity before we can enjoy equality

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Conclusion:

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It is true that the Qur’an treats women and men differently with respect to some issues, but this doesn’t mean that it establishes them as being unequal.

Moreover, difference does not always imply inequality.