>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. > >---------------------------------------------------------------------------- > >To unsubscribe/subscribe or view archives of postings, go to the Gambia-L >Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html >You may also send subscription requests to >[log in to unmask] >if you have problems accessing the web interface and remember to write your >full name and e-mail address. >---------------------------------------------------------------------------- _____________________________________________________________________________________ Get more from the Web. 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