I hope for the opportunity to read Hamjatta's dissent on affirmative action
and feminism this weekend.   Have a health filled weekend.

Soffie

-----Original Message-----
From:   Madiba Saidy [mailto:[log in to unmask]]
<mailto:[mailto:[log in to unmask]]>
-------

Advocacy for Women Human Rights through Sharia Laws
By

Rahmatu H. Mohammad, Ph.D.
[Kano, Nigeria]
[log in to unmask] <mailto:[log in to unmask]>

The Quran is the principle source of Islamic law, the Sharia.  It contains
the rules by which the Muslims are governed (or should govern themselves)
and forms basis for relationship between man and God, between individuals,
whether Muslim or non-Muslim, as well as between man and the rest of
creation.  The Quran is thus central to the lives of over one billion
Muslims of the world.  Both the Quran and the Sunnah of the Prophet Mohammad
(Peace be upon him) form the primary source of the practices of Islam.  It
is necessary to make a clear distinction between the primary sources and the
legal opinions derived from them by scholars in regards to specific issues.
In this write -up the issue being the status of women in Islam.
Most of the contents of the Quran concerns human rights and to a large
extent, to free human beings from bondage of traditionalism,
authoritarianism, (religious, political, economic, or any other), tribalism,
racism, sexism, slavery, or anything else that prohibits or inhibits human
beings from actualising the divine vision of human destiny embodied in the
this proclamation: 'Towards Allah is thy limit' (Surah 53: An-Najim: 42).
In the first centuries of Islam, the religious practices of women and men
were basically identical.  Both received religious education and
participated in daily prayers at the Mosques.  Following the Prophet's
death, however, women's status in both religious institutions and the
broader Islamic culture declined dramatically.  The decline is attributed to
the consolidation of religious power into the hands of men which was
supposedly necessitated by Islam's spread to areas which were more rigidly
patriarchal than the Arabia peninsula.
With the growth of Islam, Quranic regulations requiring women to be modest
in public were gradually expanded leading to complete seclusion of women
first in their father's house and then as married women.  Despite the fact
that during recent time, few Muslim women have had the opportunity to shape
or even gain first hand knowledge of their tradition, the egalitarian core
of Islam remains quite explicit within the Quran.  Therefore, in spite of
the male-dominated inputs into the practice of Islam itself, Islam's primary
sacred text remains uncorrupted.
Therefore, regarding women and Sharia, it is pertinent to state here that
the fear of human rights activist all over the world that Sharia is
oppressive to women is baseless.  Our advocacy should be focused on making
sure that its implementation is carried out according to the teachings of
our beloved Prophet Mohammad (peace be upon him).
I.      Human Rights of women

        The status of woman in Islam constitutes no problem. The attitude of
the Quran and the early Muslims bear witness to the fact that woman is, at
least, as vital to life as man himself, and that she is not inferior to him
nor is she one of the lower species. Had it not been for the impact of
foreign cultures and alien influences, this question would have never arisen
among the Muslims. The status of woman was taken for granted to be equal to
that of man. It was a matter of course, a matter of fact, and no one, then,
considered it as a problem at all.
        Islam, fourteen centuries ago, made women equally accountable to God
in glorifying and worshipping Him - setting no limits on her moral progress.
Also, Islam established a woman's equality in her humanity with men.
        In the Quran, in the first verse of the chapter entitled "Women,"
God 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.(Surah 4:An-Nissa: 1)
        In order to understand what Islam has established for woman, there
is no need to deplore her plight in the pre-Islamic era or in the modern
world of today. Islam has given woman rights and privileges, which she has
never enjoyed under other religious or constitutional systems. This can be
understood when the matter is studied as a whole in a comparative manner,
rather than partially. The rights and responsibilities of a woman are equal
to those of a man but they are not necessarily identical with them. Equality
and sameness are two quite different things. This difference is
understandable because man and woman are not identical but they are created
equals.

        This distinction between equality and sameness is of paramount
importance.  Equality is desirable, just, and fair; but sameness is not.
People are not created identical but they are created equals. With this
distinction in mind, there is no room to imagine that woman is inferior to
man. There is no ground to assume that she is less important than he just
because her rights are not identically the same as his. Had her status been
identical with his, she would have been simply a duplicate of him, which she
is not. The fact that Islam gives her equal rights - but not identical -
shows that it takes her into due consideration, acknowledges her, and
recognizes her independent personality.
        Woman is recognized by Islam as a full and equal partner of man in
the procreation of humankind. He is the father; she is the mother, and both
are essential for life. Her role is as vital as his.  By this partnership
she has an equal share in every aspect; she is entitled to equal rights; she
undertakes equal responsibilities, and in her there are as many qualities
and as much humanity as there are in her partner. To this equal partnership
in the reproduction of human kind God says:
        O mankind! Verily We have 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...  (Surah 49:Al-Hujurat: 13).
        She is equal to man in bearing personal and common responsibilities
and in receiving rewards for her deeds. She is acknowledged as an
independent personality, in possession of human qualities and worthy of
spiritual aspirations. Her human nature is neither inferior to nor deviant
from that of man. Both are members of one another. God says:
        'And their Lord has accepted (their prayers) and answered them
(saying):
        'Never will I cause to be lost the work of any of you, be he male or
female; you are members, one of another... (Surah 3: Al-mran: 195).

II.     Civil Rights of women


        In Islam, a woman has the basic freedom of choice and expression
based on recognition of her individual personality. First, she is free to
choose her religion. The Quran states: "There is no compulsion in religion.
Right has been made distinct from error." (Surah 2: Al-Baqarah: 256)
        Women are encouraged in Islam to contribute their opinions and
ideas. There are many traditions of the Prophet (peace be upon him), which
indicate women would pose questions directly to him and offer their opinions
concerning religion, economics and social matters.  Some Hadith show
instances when Muslim women's views on legislative matters of public
interest were accepted as sounder judgement than those of their male
counterparts.  A Muslim woman' s testimony is valid in legal disputes; in
fact, on issues in which women are more familiar their evidence is
conclusive.
        Islam does not state these rights in a statistical form and then
ends it there; it has taken all measures to safeguard them and put them into
practice as integral articles of Faith. It never tolerates those who are
inclined to prejudice against woman or discrimination between man and woman.
Time and again, the Quran reproaches those who discriminate against women,
and treat them as inferior to men. (Surah: 16 An-Nahl: 57-59)

III.    Political Right of women


        A right given to Muslim women by God 1,400 years ago is the right to
vote.  On any public matter, a woman may voice her opinion and participate
in politics. One example, narrated in the Quran, (Surah 6: Al-Mumtahana:
12), is that Muhammad (peace be upon him) is told that when the believing
women come to him and swear their allegiance to Islam, he must accept their
oath.  This established the right of women to select their leader and
publicly declare so.  Islam does not forbid a woman from holding important
positions in government.  During the time of the Prophet, Islamic
communities consulted many women before choosing their leaders.
        Historical records show that women participated in public life with
the early Muslims, especially in times of emergencies. Women used to
accompany the Muslim armies engaged in battles to nurse the wounded, prepare
supplies, serve the warriors, and so on. They were not shut behind iron bars
or considered worthless creatures and deprived of souls.
IV.     Social and Economic Rights of women


        The Prophet (peace be upon him) said: "Seeking knowledge is a
mandate for every Muslim (male and female)." This includes knowledge of the
Quran and the Hadith as well as other knowledge. Men and women both have the
capacity for learning and understanding. Since it is also their obligation
to promote good behaviour and condemn bad behaviour in all spheres of life,
Muslim women must acquire the appropriate education to perform this duty in
accordance with their own natural talents and interests.
        While maintenance of a home, providing support to her husband, and
bearing, raising and teaching of children are among the first and very
highly regarded roles for a woman, if she has the skills to work outside the
home for the good of the community, she may do so as long as her family
obligations are met.
        Islam recognizes and fosters the natural differences between men and
women despite their equality. Some types of work are more suitable for men
and other types for women. This in no way diminishes either's effort nor its
benefit. God will reward both sexes equally for the value of their work,
though it may not necessarily be the same activity.
        Concerning motherhood, the Prophet (peace be upon him) said: "Heaven
lies under the feet of mothers." This implies that the success of a society
can be traced to the mothers that raised it. The first and greatest
influence on a person comes from the sense of security, affection, and
training received from the mother. Therefore, a woman having children must
be educated and conscientious in order to be a skilful parent.
        The Quran states: "By the creation of the male and female; Verily,
(the ends) ye strive for are diverse." (Surah 92, Al-Lail: 3-4)
        In these verses, God declares that He created men and women to be
different, with unique roles, functions and skills. As in society, where
there is a division of labour, so too in a family; each member has different
responsibilities. Generally, Islam upholds that women are entrusted with the
nurturing role, and men, with the guardian role. Therefore, women are given
the right of financial support.
        The Quran states: "Men are the maintainers of women because Allah
has made some of them to excel others and because they spend of their wealth
(for the support of women)." (Surah: 4 An-Nissa: 34)
        This guardianship and greater financial responsibility is given to
men, requires that they provide women with not only monetary support but
also physical protection and kind and respectful treatment.
        The Muslim woman has the privilege to earn money, the right to own
property, to enter into legal contracts and to manage all of her assets in
any way she pleases. She can run her own business and no one has any claim
on her earnings including her husband. The Quran states:
        And in no wise 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. (Surah 4, An-Nissa: 32)

Rights in marriage

Islamic marriage is a contract between a male and a female; the woman has
the right to choose her husband and could retain her father's name.  Islamic
marriage is an institution in which both husband and wife come together to
form a union in which they maintain their individuality, spiritually and
otherwise. The Quran states:
And among His signs is that He created for you mates from among yourselves
that you may live in tranquillity with them, and He has put love and mercy
between you; Verily, in that are signs for people who reflect. (Surah: 30,
Ar-Rum: 21)
Marriage is therefore not just a physical or emotional necessity, but in
fact, a sign from God! It is a relationship of mutual rights and obligations
based on divine guidance. God created men and women with complimentary
natures, and in the Quran, He laid out a system of laws to support
harmonious interaction between the sexes. "...They are your garments and you
are their garments." (Surah 2:Al-Baqarah: 187)
Clothing provides physical protection and covers the beauty and faults of
the body. Likewise, a spouse is viewed this way. Each protects the other,
hides the faults, and compliments the characteristics of the spouse.
To foster the love and security that comes with marriage, Muslim wives have
various rights. The first of the wife's rights is to receive dowry, a gift
from the husband, which is part of the marriage contract and required for
the legality of the marriage.
The second right of a wife is maintenance. Despite any wealth she may have,
her husband is obligated to provide her with food, shelter and clothing. He
is not forced, however, to spend beyond his capability and his wife is not
entitled to make unreasonable demands. The Quran states:
Let the man of means 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. (Surah
65: Al-Talaq:7)
A wife's rights extend beyond material needs. She has the right to kind
treatment. The Prophet (peace be upon him) said: "The most perfect believers
are the best in conduct. And the best of you are those who are best to their
wives".
Duties of a Wife
With rights come responsibilities. Therefore, wives have certain obligations
to their husbands. The Quran states: "The good women in the absence of their
husbands guard their rights as Allah has enjoined upon them to be guarded."
(Surah 4:An-Nissa: 34)
A wife is to keep her husband's secrets and protect their marital privacy.
Issues of intimacy or faults of his that would dishonour him are not to be
shared by the wife with a third party, just as he is expected to guard her
honour.
A wife must also guard her husband's property. She must safeguard his home
and possessions, to the best of her ability, from theft or damage. She
should manage the household affairs wisely so as to prevent loss or waste.
She should not allow anyone to enter the house that her husband dislikes nor
incur any expenses of which her husband disapproves.
A Muslim woman must cooperate and coordinate with her husband. There cannot,
however, be cooperation with a man who is disobedient to God. She should not
fulfil his requests if he wants her to do something unlawful. A husband also
should not take advantage of his wife, but be considerate of her needs and
happiness.
Some aspects of the Muslim woman's life that seem to oppressive to some non
Muslims
Women and Inheritance
A woman inherits from her relatives. The Quran states:
For men there is a share in what parents and relatives leave, and for women
there is a share of what parents and relatives leave, whether it be little
or much - an ordained share. (Surah 4: An-Nissa: 7)
Apart from recognition of woman as an independent human being acknowledged
as equally essential for the survival of humanity, Islam has given her a
share of inheritance. Before the advent of Islam, she was not only deprived
of that share but was herself considered as property to be inherited by man.
Out of that transferable property Islam made an heir, acknowledging the
inherent human qualifies in woman. Whether she is a wife or mother, a sister
or daughter, she receives a certain share of the deceased kin's property, a
share that depends on her degree of relationship to the deceased and the
number of heirs. This share is hers, and no one can take it away or
disinherit her. Even if the deceased wishes to deprive her by making a will
to other relations or in favour of any other cause, the Law will not allow
him to do so. Any proprietor is permitted to make his will within the limit
of one-third of his property, so he may not affect the rights of his heirs,
men and women. In the case of inheritance, the question of quality and
sameness is fully applicable. In principle, both man and woman are equally
entitled to inherit the property of the deceased relations but the portions
they get may vary. In some instances man receives two shares whereas woman
gets one only. This is not a sign of giving preference or supremacy to man
over woman, but a provision for that 'degree' of additional responsibility
of family support given to man by law.
Women as Witness
In some instances of bearing witness to certain civil con-tracts, two men
are required or one man and two women. Again, this is no indication of the
woman being inferior to man. It is a measure of securing the rights of the
contracting parties, because woman as a rule is not so experienced in
practical life as man. This lack of experience may cause a loss to any party
in a given contract. So the Law requires that at least two women should bear
witness with one man, if a woman of the witness forgets something, the other
one would remind her. Or if she makes a mistake, due to lack of experience,
the other would help to correct her. This is a precautionary measure to
guarantee honest transactions and proper dealings between people. In fact,
it gives woman a role to play in civil life and helps to establish justice.
At any rate, lack of experience in civil life does not necessarily mean that
women are inferior to man in her status. Every human being lacks one thing
or another, yet no one questions his or her human status (Surah 2: Al
Baqarah: 282).
Women praying behind men
The standing of woman in prayers behind man does not indicate in any sense
that she is inferior to him. Woman, as already mentioned, is exempt from
attending congregational prayers, which are obligatory on man. But if she
does attend she stands in separate lines made up of women exclusively. This
is a regulation of discipline in prayers, and not a classification of
importance. In men's rows the head of state stands shoulder to shoulder to
the pauper. Men of the highest ranks in society stand in prayer side by side
with other men of the lowest ranks. The order of lines in prayers is
introduced to help every one to concentrate in his meditation. It is very
important because Muslim prayers are not simply chanting or the sing-a-song
type. They involve actions, motions, standing, bowing, prostration, etc. So
if men mix with women in the same lines, it is possible that something
disturbing or distracting may happen. The mind will become occupied by
something alien to prayer and derailed from the clear path of mediation. The
result will be a loss of the purpose of prayers, besides an offence of
adultery committed by the eye, because the eye-by looking at forbidden
things - can be guilty of adultery as much as the heart itself. Moreover, no
Muslim man or woman is allowed during prayers to touch the body of another
person of the opposite sex. If men and women stand side by side in prayer
they cannot avoid touching each other. Furthermore, when a woman is praying
in front of a man or beside him, it is very likely that any part of her
dressed body may become uncovered after a certain motion of bowing or
prostrating. The man's eye may happen to be looking at the uncovered part,
with the result that she will be embarrassed and he will be exposed to
distraction or possibly evil thoughts. So, to avoid any embarrassment and
distraction to help concentrate on mediation and pure thoughts, to maintain
harmony and order among worshippers, to fulfil the true purposes of prayers,
Islam has ordained the organization of rows, whereby men stand in front
lines, and women behind the children. Anyone with some knowledge of the
nature and purpose of Muslim prayers can readily understand the wisdom of
organizing the lines of worshippers in this manner.
The Hijab
The Muslim woman is always associated with the Hijab, a modest way of
dressing by Muslim woman for dignity. It is an Islamic prescription that
woman should beautify herself with the dress of honour, dignity, chastity,
purity and integrity. She should refrain from all deeds and gestures that
might stir the passions of people other than her legitimate husband or cause
evil suspicion of her morality. She is warned not to display her charms or
expose her physical attractions before strangers. The dressing, which she
must put on, is one that can save her soul from weakness, her mind from
indulgence, her body from lustful looks, and her personality from
demoralization. Islam is most concerned with the integrity of woman, with
the safeguarding of her morals and morale and with the protection of her
character and personality (Surah 24: An-Nur: 30-31).
Women's Liberation Through Islam
Today people think that women are liberated in the West and that the women's
liberation movement began in the 20th century. Actually, the women's
liberation movement was not begun by women but was revealed by God to a man
in the seventh century by the name of Muhammad (peace be upon him), who is
known as the last Prophet of Islam. The Quran and the Traditions of the
Prophet (Hadith or Sunnah) are the sources from which every Muslim woman
derives her rights and duties.
The rights of woman of modern times were not granted voluntarily or out of
kindness to the female. Modern woman reached her present position by force,
and not through natural processes, mutual consent, or Divine teachings. She
had to force her way, and various circumstances came to her aid. Shortage of
manpower during wars, pressure of economic needs and requirements of
industrial developments forced woman to get out of her home - to work, to
learn, to struggle for her livelihood, to appear as an equal to man, to run
her race in the course of life side by side with him. She was forced by
circumstances and in turn she forced herself through and acquired her new
status. Whether all women were pleased with these circumstances being on
their side, and whether they are happy and satisfied with the results of
this course is a different matter. But the fact remains that whatever rights
modern woman enjoys fall short of those of her Muslim counterpart.
The status of woman in Islam is something unique, something novel, and
something that has no similarity in any other system. Unlike other cultures
around the world, democratic or communist, where the status of women is not
enviable.  She has to work so hard to live, and sometimes she may be doing
the same job that a man does but her wage is less than his. She enjoys a
kind of liberty, which in some cases amounts to libertinism. To get to where
she is nowadays, the so-called modern woman struggled hard for decades and
centuries. To gain the right of learning and the freedom of work and
earning, she had to offer painful sacrifices and give up many of her natural
rights. To establish her status as a human being possessing a soul and equal
rights with men, she paid heavily.  Yet in spite of all these costly
sacrifices and painful struggles, she has not acquired what Islam has
established by a Divine decree for the Muslim woman, over 14 centuries ago!
Re-integrating women's human rights back to the communities.
Having stated all the above, one is not under any illusion that women are
not oppressed in our societies.  The reality is that women, regardless of
their religious orientation, from developed or under developed countries are
discriminated against for one reason or another.  The oppression is even
more obvious when women are illiterates, and of low socio-economic status.
In the case of Muslim women, majority of whom are found in developing
countries, where poverty and ignorance are endemic, majority are
illiterates.  In addition to this, the Quran is written in Arabic text in
which it is encouraged to be read, therefore, it is easy for
politico-religious groups who cause confusion in the society to subject
women to manipulation, using Islam as camouflage to for their mischief.
There is also the problem of confusing culture with religion.  For example
if a community that is predominantly Muslims carry out a particular
traditional practice that is seen to be oppressive and barbaric on women,
the blame is put on Islam.  An example is the practice of female genital
mutilation (FGM).  Campaigners against the practice in the early 1980s were
blaming Islam of the practice, even though 85% of the Muslim world does not
practice FGM.  However raising community awareness at the grassroots and on
the harm done on women by the practice, as well as public enlightenment at
international level, women's human rights activists are now dropping the
idea that Islam is to blame for the practice.
As with the example above, thorough education, both at grassroots and
international levels on the issues of Sharia will bring out the benefit of
its implementation to the light.  Through such education and public
enlightenment, the Muslim Ummah and the general public can engage in
informed discussions and dialogue, instead of expending energies on trivial
issues that cause confusion and conflicts because they lack any substance of
Islamic law.  In addition, incorporating aspects of women's human rights
described above in awareness-raising and educational components of
development interventions could be very helpful in the improvements of the
quality of lives of women.
This is a challenging task but one that must be taken head-on in order to
bring about some sense of direction to women and men who have lost the focus
that could guide 'All people everywhere to have same human rights which no
one can take away from them.  This is the basis of Freedom, Justice, and
Peace in the world' - a Universal Declaration on Human Rights.
Sharia has always being in existence; especially with the rural people - who
are in majority - they do not know any other form of legal system apart from
the Sharia.  The resurfacing/revival of Sharia among the urban populace is
the Truth in form of Light, shining to remove, lies, confusion, deceit,
social vices and the corruptions with which we have been burdened in the
past years.  With regards to women's issues, this is an opportunity for even
the literate ones to become fully educated on the various rights as laid
down for us by Islam.  Our prayer now should be that Allah guides those who
have the responsibility of implementing the Sharia so that they can take the
women along with them for the development of the communities for justice,
freedom and peace for all.
The way forward is for social scientists, legislators and rulers to avoid
using the arguments of cultural peculiarity to justify anti-Islamic and
non-Islamic practices, which are oppressive to women.  Quotations and
repetitions of some long-standing juristic interpretations of Islam that are
not relevant to the primary sources (Quran and Sunnah) should stop.  Muslim
scholars should also not engage in a fragmentary and selective approach in
seeking justification of the erroneous status quo.
(The quotations from the Holy Quran are from the English translations of the
meanings and commentary of the text by Sheikh Yusuf Ali.  References have
also been made to articles written by other Muslim scholars who have thought
it necessary to make contributions to the on-going debate on Islamic law as
it affects women both here at home and in the West).

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Dr. Rahmat Hassan Mohammad is the Project Co-ordinator of Foundation for
Women's Health, Research and Development (FORWARD Nigeria). A.A. Maitangaran
House, 4 Fagge ta Kudu, P.O. Box 4188, Kano Nigeria. Tel/Fax: 064 640574.

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