WOMEN’S RIGHT AND ITS POSITION IN MUSLIM LAW WITH

INTERPRETATION OF QURAN

Aparna Tripathi1 & Raghav Rawat2

INTRODUCTION:

The extension of women’s rights is the basic principle of all social progress.3 Women’s right are

the entitlements claimed for girls and women all over the globe. In some places, these rights are

established or reinforced by law, local custom, and behavior, whereas in others they may be

overlooked or crushed.

Out of all the religion and society of the world status of women in Muslim law is suppressed and

consider to be pitiful. Islam was molded as religion that ordered a tribal society into a civilization.

Position of women in Islam is generally interpreted to be pitiful and suppressed. It is expected that

women have no place in a Muslim society and that they merely are made-up to follow the

instruction of the male members.

This paper aims to discover what really the position of women is under the Muslim law, whether

women are really as bottled-up as they are believed to be, or if the position of women is quite

conflicting or do they really have no rights and only compulsions.

Since the topic is so of broader nature therefore, the authors trace the condition and status of

Muslim women from pre Islamic era to the modern world, their economic rights i.e., their stand

on the economic matters be it holding property or inheritance and their political rights and duties

that they have under Muslim law.

Though the research done in summarizing this paper is not in depth, however, the authors have

tried to make it as broad as possible. The authors have tried their level best to not let the paper get

partial by their personal views and conduct an object research. If however, at any point of time the

1 2nd year B.com LLB student, UPES Dehradun 2 "2nd year B.tech CCVT,UPES Dehradun" 3Charles Fourier, The extension of women’s right is the basic principle of all social progress.

reader feels that the given information is inconsistent or inclined by personal opinions, then the

authors apologize for the same.

TRACES FROM HISTOY:

To get an idea to understand condition and position of women under Muslim law, it is essential to

trace the same from the glimpse of ancient position of women in the pre-Islamic era which is

known as Jahaliyya era.

Condition of women in Jahaliyya era in the Arab was suppressed. At the time of Prophet

Mohammad position of women was equal to a feeding animal. It is believed that women has no

legal rights. In their early ages (before age of puberty) they were govern by their fathers and after

marriage they were compelled to be the puppet of their husband.

This era dealt with women in a comprehensive way, be it in the context of a relationship between

ALLAH her executer and lord, with herself as a part of humanity and with men her partner and

natural spouse in the family.4

Marriage to more than more wife at the same time was practiced and were allowed by the custom

and were legalized by the heads of the society. Female infanticide was common. Disgraceful state

of women in Jahaliyya era may be traced from the fact that the birth of the girl child was never

welcomed. New born child (girl) was buried alive. This horrible act has been recorded in Quran.

“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 received! Shall he keep this [child] despite the contempt [which he feels for it]

or shall he bury it in the dust? Oh, evil is indeed whatever they decide!"5

4 Women in Islam; available at http://womeninislam.ws/en/women-right-islam.aspx 5 The Quran, 16:58-59

Further the almighty states that

“And they say: What is in the bellies of such cattle (whether milk or fetus) is for the male alone,

and forbidden from our females, however, if it was born dead, then all have shares therein...”6

Women were discriminated even in exercising most of their natural rights. They were not allowed

to eat certain type of foods which were according to the society bagged for males by birth.

Apart from this there were some part where women had freedom as well. They had right to choose

their own husband and could move out of the said marriage if mistreated.

However in general, the Jahaliyya era society treated the women badly. They were bound by the

custom and norms of their societies.

As atoms have dual quality with complementary roles played by the negative and the positive ions

yet each ion is an integral part of the atom.7

Quran by the all mighty states by putting light on equality of men and women as:

(O Mankind! We have created you from a male and a female, and made you into nations and

tribes, that you may know one another. Verily, the most honorable of you in the Sight of Allah

is the believer who has Taqwa (piety and righteousness). Verily, Allah is All-Knowing, All-

Aware.)8

In many cases during this era society treated women as equal to men. There were equality in basic

humanities, equality in religion and obligation, and equality in reward and punishment.

As stated in glorious Quran:

(O mankind! Be dutiful to your Lord, Who created you from a single person (Adam), and

from him (Adam) He created his wife (Eve), and from them both He created many men and

women...)9

6 The Quran, 6:139 7 Women in Islam; http://womeninislam.ws/en/women-right-islam.aspx 8The Quran, 49:13 9 The Quran, 4:1

(Does man think that he will be left neglected without being punished or rewarded for the

obligatory duties enjoined by his Lord (Allah) on him? Was he not a mixed male and female

discharge of semen pouring forth? Then he became a clot; then (Allah) shaped and

fashioned (him) in due proportion, and made him into two sexes, male and female. Is He

not able to raise to life those who are dead?)10

For equality in Reward and Punishment:

(Whoever does righteous acts, whether male or female, while he is a believer, verily, to him

we will give a good life, and we shall pay them certainly a reward in proportion to the best

of what they used to do)11

And further the Lord Most Majestic says:

(Surely for men who submit to Allah and for women who submit to Allah, for believing men

and for believing women, for devout men and devout women, for truthful men and truthful

women, for steadfast men and steadfast women, for humble men and humble women, for

charitable men and charitable women, for fasting men and fasting women, for men who

guard their chastity and women who guard their chastity, for men who remember Allah

much and for women who remember Allah much, for all of them Allah has prepared

forgiveness and a mighty reward.)12

THE FAMILIAL OUTLOOK:

Islamic teachings are attentive to the needs and rights of the weaker gender throughout her life as

a daughter, sister, mother, and wife and as a member of Islamic society.13 In the Jahaliyya era the

social stand of women’s right was pitiable as it could get. On the one side they were criticized for

having taken birth as a female and then were considered as burden and later were treated as the

property to be inherited that could be treated as per the head of the family in the male dominated

Islam society.

10 The Quran, 75:36-40 11The Quran, 16:97 12 The Quran, 33:35 13 Ameyavikrama Thanvi,status of womenin muslim law ; available at www.ssrn.com

By the birth of the Quran and Hadiths the dignity and status of rights of woman were restored who

were believed as material in the Jahaliyya era.

“Whoever 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.”14

These provisions of glorious Quran were a major landmark in the development of women. Later

education of girl child were taken into account.

Quran dealing with the education of girl child quoted that

“Those truly fear Allah, among His Servants, who have knowledge.”15

Making it mandatory it states:

"Seeking knowledge is a duty of every Muslim, man or woman."16

This made education compulsory for everyone and was one of the necessity for every real Muslim.

There were some women in the history who had played very vital role as scholars in the Islamic

world such as the Prophet’s wife was one of the most famous scholars. In the most of the reports

Prophet told the Muslims to go to Aisha for guidance and learning of religious duties. He also

emphasized to trust Aisha’s teaching and guidance.

WOMEN AS WIFE:

ALLAH says in glorious Quran

(Among His signs is that He created for you wives from among yourselves, that you may find

tranquility in them, and He has put between you affection and mercy.)17

14 lbn Hanbal, No. 1957 15 The Quran, 35:28

16Aishah Lemu, 1978:25 17 The Quran, 30:21

Which explains that, ALLAH showed great sign of mercy and power by creating mates for every

mankind with whom they can be comfortable satisfied and assisted by one another.

The foundation brick of the family is husband and wife as a co-partners upon which Muslim home

is established. For this Islam grants rights and duties to each co-partner.

Further authors will put light on these duties and rights of the wife under Muslim law.

DOWRY:

The glorious Quran states

(Give the women whom you marry their dowry with a good heart. If they remit any part of it to

you, of their own good pleasure, take it and enjoy it fully without fear of any harm.)18

A dowry is a right of every bride during the time of marriage. A legal and complete marriage

contract is not considered unless and until dowry has been specified.

ALLAH giving right of retention of dowry in case of divorce states in Quran that:

(If you intend to replace a wife by another and you have given one of them a huge sum of gold

as dowry, take not the least of it back; would you take it wrongfully without a right and with a

manifest sin. And how can you take it back while you have entered with intimate relationship

unto each other, and they (the wives) have taken from you a firm and strong covenant?)19

FINANCIAL SUPPORT:

A husband must give sufficient maintenance to his wife according to his status. This is stated in

Quran as:

18 The Quran, 4:4 19 The Quran, 4:20-1

(Let the rich man spend according to his means, and the man whose resources are restricted,

let him spend according to what Allah has given him. Allah puts no burden on any person

beyond what He has given him. Allah will grant after hardship ease.)20

Justice, equity and fairness were also stated by ALLAH in the Quran as:

(And if you fear that you shall not be able to deal justly with the orphan-girls, then marry

(other) women of your choice, two or three or four, but if you fear that you shall not be able

to deal justly (with them), then only one or (the captives and the slaves) that your right

hands possess. That is better to prevent you from doing injustice.)21

This indicates husband should give justice, fairness and equality amongst all his wives and he

should warned of paralysis as a punishment.

If husband who continued to act immorally were offered divorce just as she may seek ‘Khul’

wherein she ask for divorce due to misbehavior.

PROTECTION AND PRESERVATION:

A husband must shield and prevent his wife from any possible harm to the best of his capacities

as ALLAH said:

(O you who believe! Save yourselves and your families from a Fire whose fuel is Men and

Stones, over which are (appointed) angels stern (and) severe, who disobey not the

Commands they receive from Allah, and do what they are commanded.)22

Thus it can be concluded that even though women is bound to her husband but unlike other religion

she is on the same level as her husband when it comes to executing various aspects of her marriage.

20 The Quran, 67:7 21 The Quran, 4:3 22 The Quran, 66:6

WOMEN AS MOTHER:

ALLAH emphasized on mother in the Quran as:

(Your Lord has decreed that you worship none but Him; and that you be good to your parents.

If one of them or both reach old age in your life, do not say to them a word of the faintest

complaint or disrespect, nor shout at them; but address them in terms of honor.)23

Further with regard to the mother prophet stated:

“Paradise lies at the feet of your mothers.”24

Like any other religion a mother has not been granted godlike status but Muslim law provides

sufficient provision for a woman to be taken care and respected as a mother. Under the Muslim

law as well, mother has always priority and an upper level over the father.

ECONOMIC OUTLOOK:

Even in the most ancient and evolved religions, women do not enjoy complete economic freedom;

even where they have been allowed to enjoy economic freedom, it is subject to some restrictions.

With regard to women’s right of inheritance, Allah in the Quran has said:

“Allah commands you as regards to your children's (inheritance); to the male, a portion equal

to that of two females”25

Centuries ago when the foundation of Islam was laid down, women were given right to inherit

ancestral property and also gain benefit in work field if they were good in any profession.

Those who misjudge, or rather mis-read, the postulates of Islam claim that Islam does injustice to

women in terms of inheritance. They argue that it is unfair to grant the male a double to that of the

female even though they are children of the same parents. However, if the Muslim law is

understood with an impartial reflection upon it, it can be seen that the Muslim law, through the

23 The Quran, 17:23 24Ameyavikrama Thanvi, Status of women in Muslim Law, available at www.ssrn.com/fgkh-gpg 25 The Quran, 4:11

Quran and Sunnah, does not grant an unfair treatment to the women. This may be understood from

this Quranic verse:

“There is a share for men and a share for women from what is left by parents and those nearest

related, whether the property is small or large, an obligatory share.”26

According to Islam, a male is obligatory to take care of the entire financial needs of the female

wards of the family until they are married. From the time a female marries, her financial

accountabilities are her husband's obligation. After the death of the husband, the son or other male

relative is obliged to care for the widow.

Taking into account all this, authors conclude that female is still entitled by the Islamic law to a

half share of the share of inheritance received by the male.

Also, if a woman is married and her husband is insufficient, the wife has the right to take of her

husband’s property without his consent and can satisfy her own and her family’s practical needs.

Further, if she was happily maintained as a daughter, then as a wife, she is eligible to the same

economic standard of living if her husband can afford it. Then, a Muslim woman has rights of

inheritance in marriage as well, mention has been made of the obligation of the husband to make

a settlement on the wife, in proportion to his means, at the time of marriage. This settlement is

called dower (mehr). If at the time of the death of the husband the wife’s dower should be still due,

it ranks as a debt to be settled out of his estate, in priority to all his other debts.

In fact, under the Sunni inheritance laws, women in the capacity of wife, mother and/or daughter

are primary heirs i.e. they can never be excluded from inheriting ancestral property.

Islam has given women the straight rights to work, to own property and to have wealth. Women

can seek employment and work in profession such as medical care, teaching, civil and justice

professions. These rights remain the same before and after marriage.

26 The Quran, 4:7

In this context the Quran states thus,

“And in nowise covet those things in which Allah hath bestowed His gifts more freely on some

of you than on others: to men is allotted what they earn, and to women what they earn: But ask

Allah of his bounty. For Allah hath full knowledge of all things.”27

Thus, a woman has been given rational amount of freedom from economic aspect under the

Muslim law.

POLITICAL OUTLOOK:

Likewise, even history has witnessed some major Muslim female leaders, for example Aisha, the

Prophet’s wife used to help him with administration and the Prophet greatly respected her opinion,

and then there was Razia Sultana who ruled over India in the 13th century. In the recent past, the

world has seen some of the leading female leaders who are Muslims, from late Benazir Bhutto, the

former Prime Minister of Pakistan to Ms. Shirin Ebadi, an Iranian lawyer, former judge and a

Nobel Laureate, the there are Sheikh Haseena and Khaleda Zia, both of whom have led Bangladesh

in the recent past.28

Although nothing has been mentioned in the Quran, there is one Hadith of the Prophet that is

interpreted to make women ineligible for becoming leader of the state:

"A people will not prosper if they let a woman be their leader."29

By these traces Authors concluded that Women had and have reasonable political rights under

Muslim law.

27 The Quran, 4:32 28 Ameyavikrama Thanvi, Status of women in Muslim Law, available at www.ssrn.com/kgj-php 29 The Quran, 58:1-4 and 60:10-12

CONCLUSION:

Therefore, we conclude that condition of women in Islam and Muslim laws being conflicting to

the idea of women’s liberation is unacceptably faulty. A correlation of Islam or the Muslim law

can be drawn with many of acts, as they are supposed in the light of circumstances and therefore

wrapped in cotton wool from curse of the present day values. Islam needs to be read in the light of

the conditions in which it was born.

Change is an essential rule of nature, nothing is constant but change. Though, the rules provided

for Muslims by the Quranic legislations and the Hadiths have been well safeguarded from this

constant of the nature as the supporters of the religion have struggled over fourteen hundred years

to safeguard what they believe their lord ordered them to follow.

This paper was a comprehensive study of position of women in the Muslim law. If anything, this

study submits that the position of women in Islam may not be as progressive as many of the modern

western nations have, there may not be the sexual right or the complete independence; however,

there is a reasonable amount of freedom and rights in the share of women. No text can be free of

varied clarification and likewise applies to the Muslim Law. However, the purpose behind the

provisions of the law are unpolluted but misinterpretation by a male-controlled society have today

made the position of women in Muslim law extremely weak. However, the author believes that if

implemented in the correct spirit, Muslim law treats every woman with as much, if not more,

dignity as any other religion in the world. In fact in certain extents such as dissolution of marriage,

property holding rights, inheritance laws, the author believes, Muslim law is much ahead of many

other world religions.