>From: Madiba Saidy <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list
><[log in to unmask]>
>To: [log in to unmask]
>Subject: ADVOCACY FOR WOMEN HUMAN RIGHTS THROUGH SHARIA LAWS
>Date: Sat, 9 Dec 2000 16:02:12 -0800
>
>********************************************************************
>WARNING:  My response will be slow or non-existent in the period:
>           December 12 - 22.
>********************************************************************
>
>Cheers!
>
>Madiba.
>-------
>
>Advocacy for Women Human Rights through Sharia Laws
>
>By
>
>Rahmatu H. Mohammad, Ph.D.
>
>[Kano, Nigeria]
>
>[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).
>
>
>----------------------------------------------------------------------------
>----
>
>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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