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Human Rights and Status of Woman in Islam
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HUMAN RIGHTS AND STATUS OF WOMAN IN ISLAM Introduction The shart'ah regards women as the spiritual and intellectual equals of men. The main distinction it makes between them is in the physical realm based on the equitable principle of fair division of labour. It allots the more sirenuous work to man and makes him responsible for the ntenance of the family. It allots the work of managing the home and the upbringing and , of children to the woman. It is the work which has the greatest importance in the task of a healthy and prosperous society. In Islam, there is absolutely no difference between men and women as far as their relationship to Allah is concerned, as both are promised the same reward for good conduct and the same punishment for evil conduct. buildi ‘The Quran in addressing the believers, often uses the expression ‘believing men and women' to emphasise the equality of men and women, in regard to their respective duties, rights, sielues and merits. it says* cisills chyalls edablls olebills calisls cist 8) esills Gels enblls Endl dyblls cityalls 553 Ghealls ea bils dylais estaus cistaclsset eof « 4 : lec lez (Se - 225 2 Soh) Se Siicpe2,eedy os ot or BE p58 sake SEMEN SUISSE abl od SMa clad “Verily, the Muslims (those who submit to Allah in Islam) men and women, the believers men and women (who believe in Islamic Monotheism), the men and the women who.are obedient (to Allah), the men and women who are truthful (in their speech and deeds), the men and the women who are patient (in performing all the duties which Allah has ordered and in abstaining ‘from all that Allah has forbidden), the men and the wonen who ere humble (before their Lord - Allah), the men and the women who give Sadaqat (‘« zakat and alms), the men and the women who observe Sau (fast) (the obligatory fasting during the month of Ramadan, and the optional Nawafil fasting), the men and the women who guard their chastity (from illegal sexual acts) and the men and the women who remember Allah much with their hearts and tongues Allah has prepared for them forgiveness and a great reward (ie. Paradise).” (Surat Alvzah: 35) This clearly contradicts the assertion of the Christian fathers that women do not possess souls and that they will exist as sexless beings in the next life The Quran says uh svomen havc souls in exactly the same way as men and will enter Paradise ii they do good: “Enter into paradise, you and your wives with delight.” (43: 79) The Quran admonishes those men who oppress or ill-treat women: “O you who believer, You are forbidden to Inherit women against their will. Nor should you treat themt with harshness, that you may take avay part of the dowry you have given ilvn- except when they have become guilty of open lewdness. On the contrary live with them ou a footing of kindness and equity. If you take a dislike to them, it may be that you dislike something and Allah will bring about through It a great deal of good.” (Surah Nisa: 19) Old traditions | Considering the fact that before the advent of Islam, the pagan Arabs used to bury their | female children alive, make women dance naked in the vicinity of the Ka'aba during their annual | fairs and treat women as mere chattels and objects of sexual pleasure possessing no rights or | Position whatsoever, these teachings of the Noble Quran were revolutionary. | Unlike other religions, which regarded women as being possessed of inherent sin and wickedness and men as being possessed of inherent virtue and nobility, Islam regards men and women as being of the same essence created from a single soul. The Quran declares: Se silee SES i5eN5 Bo KEE Gs S158 MILL HAE Sis qoghld olan Sisrlasins Tees das less hele oF “O mankind! Be dutiful to your Lord, Who created you from a single person (Adam), and from him (Adam) He created his wife [Hawwa (Eve)], and from them both He created many men and women; and fear Allah through Whom you demand (your mutual rights), and (do not cut the relations of) the wombs (kinship). Surely, Allah is Ever an All- Watcher over you.” (Surah Nisa: 1)134 (a) Asa Daughter (b) (1) Female Infanticide: The Quran forbade the cruel practice of female infan, Iicide which was prevalent before Islam. God has said: ite, “And when the girl (who was) buried alive is asked, for what sin she was killed,” (Surah At-Takwir: 8-9) (2) Unwelcoming Attitude: The Quran went further to rebuke the unwelcomin attitude of some parents upon hearing the news of the birth of a baby girl instead i a baby boy. God has said: “And when the news of (the birth of) a female (child) is brought to any of them, his face becomes dark and he is filled with inward griefl. He hides himself from the people because of the evil of that whereof he has been informed. Shall he keep her with dishonour or bury her in the earth? Certainly, evil is their decision.” (Surah Nahl: 58-59) (3) Kindness and Justice to Daughter: Parents are duty-bound to support and show kindness and justice to their daughters, The Prophet Muhammad (PBUH) said: “Whosoever supports two daughters until they mature, he and I will come on the Day of Judgement as this (and he pointed with his fingers held together).” (4) Right of Education: A crucial aspect in the upbringing of daughters that greatly influences their future is education, Education is not only a right but a responsibility for all males and females. The Prophe! Muhammad (PBUH) said: “Seeking knowledge is mandatory for every Muslim.” The word “Muslim” here is inclusive of both males and females. Asa wife (1) Marriage in Islam: Marriage in Islam is based on mutual peace, love and compassion and not just the mere satisfying of human sexual desires. Among the most impressive verses in the Quran about marriage is the following: ets Sees UALR ls BI gs I LE oT eal os OSS pW aig she ssise “And among His Signs is this, that He created for you wives from among yourselves, that you may find repose in them, and He has put between you affection and mercy. Verily, in that are indeed signs for a people who reflect.” (Surah Rum: 21) (2) Right to accept or reject the marriage proposals: The female has the right to acer or reject marriage proposals. According to the Islamic Law, women cannot be force to marry anyone without their consent. (3) Maintenance and protection of wife: The husband is responsible for oe maintenance, protection and overall leadership of the family within the framework consultation and kindness, The mutuality and complementarily of husband and wit does not mean subservice by either party to the other. The Prophet Muhamma (PBUH) instructed Muslims regarding women: “I commend you to be good to women.” And“The best among you are those who are best to their wives,” ‘The Quran urges husbands to be kind ai i their wives, ; ind consid ir wit f falls out of favour with her husband or disinelination for her arises within hs awit within him: «.,.And live with them in kindness, For, i isl . For, i thing and God makes therein much good.” iersoh Ni ‘a menage eaten @ Solution of Disputes: Should marital d: , resolve them privately in a spirit Off disputes arise, the Quran encourage couples to an enlightened step and wise ap proach oe ee eget tie Goran cutlines persistent conflict in their marital life. In the ¢ the husband and wife to resolve quitably between husband and wife, sh a Matrdispute'cannatibe resolved intervention on behalf of both spouses,” should be resolved through family (6) Right of Divorce: Divorce is the last resort, permissible but Quran estecms the preservation of faith and te individuals rightmale fenae alike to felicity. Forms of marriage dissolution include an enactment based upon im tual agreement, the husband’s initiative, the wife's initiative (if part of her marital cone the court's decision on a wife's initiative (for a legitimate reason) and the wife’s cniuatve without a cause, provided that she returns her marital gift to her husband. When the continuation of the marriage relationship is impossible for any reason, men are still taught to seek a gracious end. The Quran states about such cases: “And when you divorce women and they have fulfilled their term (ie waiting period), either keep them in kindness or release them in kindness and do not keep them, intending harm, to transgress (against them)......” (Quran -2: 231) . c) Asa Mother () Kindness towards parents: The Quran elevates kindness to parents (especially mothers) to a status second to the worship of God: “And your Lord has decreed that you worship none but Him, And that you be dutiful to your parents, If one of them or both of them attain old age in your life, say not to them a word of disrespect nor shout at them but address them in terms of honour. And lower unto them the wing of submission and humility through mercy, and say: "My Lord! Bestow on them Your Mercy as they did bring me up when I was young." (Quran-17: 23-24) (2) Behaviour towards Mother: Naturally, the Holy Prophet Muhammad (PBUH) specified this behaviour for his followers, rendering to mothers an ‘unequalled status in human relationships. A man came to the Prophet Muhammad (PBUH) and said, “O Messenger of God! Who among the people is the most worthy of my good companionship?” The Prophet (PBUH) said: “Your mother.” Man said, “Then who?” The Prophet (PBUH) said: “Then your mother.” Man further asked, “Then who?” The Prophet (PBUH) said: “Then your mother.” Man asked again “Then who?” The Prophet (PBUH) said: "Then your father.” @) Asa Sister () Human Equality between the Genders: (PBUH) sayings: “Women are but shaqa’it ( saying is a profound statement that directly relates ‘According to the Prophet Muhammad's ‘twin halves or sisters) of men.” This to the issue of human equality— i ag of the Arabic word Shayaiq, “twi If the first meaning ©! Shay‘iq, “twit ‘at the male is worth one half (of society) while the for nd meaning, “sisters” is adopted, it implies ue is A iowa as well: The Prophet Muhammad ‘nue (2) Kindnes in Boreas wrouen in general: “Lconimiand you yt i and respec! 7 i i. taught kindness, significant that such instruction of the Prophet (aur? bs 00d to wry instructions and semuinders 1 the fawell pilgrimage addres en between the genders: — is adopted, it means th ath the other half. If the seco! worth the oir eds worsen in gereral among, ¢ shortly before his passing away. in Islam The Legal aspect of women in Is ; | Equality before the Law: Both genders are entitled to equality before the Law and coux, / Law. Justice is genderless. Women do possess an independent legal entity in financial ang 4, at matters. The economic aspect deprived both before Islam and after it (even +h woman was Islam decreed a right of whicl independent ow’ late as this century), the right of right to her money, real estate or other pro| change whether she is single or married. Sh any or all her properties. It is nowhere suggeste because she is a female. Its also noteworthy that such ri whatever she acquires thereafter. With regard to the woman's right to seek employment, it should be stated first that Islam regards her role in society as a mother and a wife as the most sacred and essential one. Neither maids nor baby-sitters can possibly take the mother's place as the educator of an upright, complex free and carefully reared children. Such a noble and vital role, which largely shapes the future of nations, cannot be regarded as "idleness". The Political aspect sank Any fle invetigaion of the teachings of Isiamy, into the history of the Islamic civilisation, will ve a en evi oe of woman's equality with man in what we call today "political rights’, jis include: i i ine ght of election as well as the nomination to political offices. It abo Se ee ae wupimad a ea de ol co Prophet (PBUH) himself. participated in serious discussions and argued even with the According to Islam ership. According to Islamic law, woman! ves fully acknowledged. This right undergoes te e retains her full rights to buy, sell, mortgage or lease 4 in the Law that a woman is a minor simply ht applies to her properties before marriage as wel as to According to Islam, the . Prayers, especially on Frida head of the state is no mere figurehead. He leads people © decision-making pertainin, e ae festivities. He is continuously engaged in the process position, or any similar one: such wg ere nt ele being of his people. This demanding y ogi a the Commander of the Army, is generally inconsistent wil mé : * ‘i ‘ake-up of woman in general. It is a medical fact that during women undergo various physiological ™¢ ring an emergency situation, thus affe which is produced. Psychological changes. Such her decision, without considertor orwover, some decisions require a maxim i Hii ‘um of rationalit vequirement which does not coincide tionality and 7 a « minimum of with the instinctive nature sonality = @ emotional of women, omen i modern time Won en in modern tintcs and in the most develo Eve fara head of state acting as more than a fj, Ped countries, itis rare to find a woman in the sition of @ igurchead, a woman command. , , ler of the armed ices or even a proportionate number of women Tepresentatives in parliaments or similar os. One can not possibly ascribe this to backwardness of various nations or to an constitutional limitation on woman's right to be in such a position as a head of slate or as member of the parliament. It is more logical to explain the Present situation in terms of the ratural and indisputable differences between man and woman, a difference which does not imply any "supremacy" of one over the other. The difference implies rather the "complementary" roles of both the sexes in life. Human Rights Islam considers a woman to be equal to a man as a human being and as his partner in his lie. Women have been created with a soul of the same nature as man’s. Aliah says in the 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 and fear Allah through Whom you demand your mutual (rights) and (do not cut the relations of) the wombs (kinship). Surely, Allah is Ever and All-Watcher over you." (Surah Nisa 4:1) And in the words of the Prophet Muhammad (PBUH), “Assuredly, women are the twin halves of men.” (Sahih reported by Abu-Dawud) Civil Rights There is no compulsion in religion according to the Holy Quran: at Fog 306 5 Seach 2 ey 58 22h sey Bey cre, Meese FW i oF Poets pi As FUMIGISIS J Zinje 8 N18 c22IL Clezhgluds ais Rettig alas Y Salas sheets "There is no compulsion in religion. Verily, the Right Path has become distinct from the wrong path. Whoever disbelieves in Tagiut (anything worshipped other then the Real God (Allah)) and believes in Allah, then he has grasped the most trustworthy handhold that will never break. And Allah is All-Hearer, All-Knower." (Surah Baqarah: 256) A Masti i ed to change her family name to her husband's name upon Marriage, cen ana mae ol he father’s name, as a mark of her own identity. In choosing a roe patner het coasene ee accept o reject any prospective suitor for marriage must be tan A Muslim woman has the right to seek divorce, if necessary within the laws of Islam. * to 80 outside of her home sit im women are not forbidden from going out in the female friends, if there is no objection from their community, working or visiting *elaives ang guardian/husband and they are138 ii. | ceand speak according t0 Islamic guidelines and, if necessary es Mahram (a close male relative). However: ern teouty should be the an tae OY ta wiaks from. Allah instructed the wives of the Prophe! f that a nO wives of the Prophet! You &¢ mot like any other women. If you Keep your duty ¢ “Allal), ten be not soft i speech, lest he is whtose heart is a disease (of iy 7 moved with desire, but speak in an honourab y, ete be it e desi a your houses and iio not display yourselves like that of the times ignorance and offer prayers perfectly (Igamat-as-Salat) and give zakat and obey Allah ia; His Messenger (PBUH): Allah wishes only f0 remove Ar-Rijs (evil deeds and sins etc.) from you, O members of the. family (of the Prophet (PBUH), and to purify you with oe horough purification." (Surat ‘Ahzab: 32-33) Right to go to the Mosque The Messenger of Allah (PBUH) said: “af someone's wife asks his permission Women should be covered Islamically; according to the Muslim womans 4 requirements. At the same time, a woman's prayer in her home is better, from the stand pote her household duties ‘and duties as a mother. ‘Also, it is better in the sense that it ana unnecessary mixing with men. The Prophet (PBUH) also stated on another occasion: ‘“But their homes are better for them." (Abu Dawud) covered and behav} to go tothe mosque, ke should not deny tthe.” POLYGAMY Meaning Polygamy means a sys! Polygamy can be of two types: the other is polyandry where a woman marries more permitted whereas polyandry is completely prohibited. Quran permits limited polygamy i ‘The Holy Quran is the only religious book on the face of the earth that says ‘mary oy one’, The context of this phrase is the following vomit from Surah Nisa of the Glorious = ".,.. Marry women of your choice two or three or four; but if ye fear that ye shall not be abe to deal js (ith them), then only one." [Surah Nisa: 3] "| Before the Quran was revealed, there was no upper limit for polygamy and many nett scores ot wives, some even hundreds, Islam put an UP ret pour wives. slam get" ‘on tp marry two, three or four women, only on the condition that he deals justly Wit In the Surah Nisa verse 129 Allah says: th "Ye ‘are never able to be fair and just as between women..." * refore, polygamy is not a rule but an exception. Many le are i ‘i i . y peop mae that it is compulsory for a Muslim man to neve more than one Wives neal, is has five categories of Do's and Don'ts: ‘Fard’ ie, compulsory or obligatory (i) ‘Mustahab’ Le recommended or encouraged i. at te permissible or allowed oe ‘Makruh’ ie, not recommended or di (v) ‘Haraam' ie. prohibited or ae tem of marriage whereby one person has mort than one spouse ‘One is polygamy where a man marries more than one woman and thasrone man. In Islam, limited polygany's139 polygamy falls in the middle category of things that are permissible, Muslim who has two, three or four wives is a bett It ‘ ‘er Muslim as compare cannot be said that a only one wife. ‘d to a Muslim who has Moral System of Islam Islam has laid down universal fundamental rights for h i respected under all circumstances, In order to realise these rights wo nee ot ve abserved and Islam provides both legal safeguards and a very effective moral system. In brict, eg improves the well-being of an individual or a society is morally good and whaterer heen well-being is morally bad. tever harms this Islam attaches great importance to the love of God and : i 1 discourages excessive formalism. We read in the Quran (what means): low human beings and i : MAH Diy delsg alld Key sidgolgh al Sl oS et Ge I Us chins : Ns KAdls 5S sschs StshsLall ao Sp scales fepa caisciSacls pals es TNs Lalli g cd pts 13de 51 sause ox elis do ot RL Itdtoaslesrolh “It is not righteousness that you turn your faces towards East or West, but (true) righteousness is (in) one who believes in Allah, the Last Day, the Angels, the Book and the prophets and gives wealth, in spite of love for it, to relatives, orphans, the needy, the traveller, those who ask (for help), and for freeing slaves; (and who) establishes prayer ‘nd gives Zakaah; (those who) fullfl their promise when they promise and (those who) are patient in poverty and hardship and during battle. Those are the ones who have been true and itis those who are the righteous.” [Surah Bagarah 177] ___ These verses give a beautiful description of the righteous and religiously committed individual. He should obey salutary regulations but fix his gaze on the love of God and the love of humanity. An individual's faith should be true and sincere and he must bé prepared to show it in deeds of charity to other people and by living as a good ctisen and supporter of social organisations. This is the standard by which a particular mode of conduct can be élassified as either good ot bad. It also provides the nucleus around which an individual's and society's moral code should revolve, Before laying down any moral injunctions, Islam seeks to implant firmly in man's art the conviction that his dealings are with God, Who sees him at all times and in all places. le he may hide himself from others or deceive them, he cannot do so with God. oral evolution ich age, lt eaches thatthe objective of one's feist live a fe that is pleasing to God To mie fl possible, Islam has provided humankind with the highest possible sanirs erable wml code, which is both straightforward and practical, provides the MCT 10 Revelation "YS to embark upon and then continue the path of moral evolution. BY140 made permanent and stable. s primary source of knowledge, moral standards are n the i open rok ake them inflexible, for ehere is FOO for reasonable adjustmeny and adaptation when needed. i virtues Islamic moral 1 the commonly accepted moral virtues and then ‘The Islamic moral code incorporates all the lya it endows them with a sense ‘of balance and proportion by assigning each one a suitable place ang function in the scheme of fe. Tt widens the scope of man's individual and collective life by deating tions, civic conduct and his activities in the political, economic, ‘educational and social realms. It covers his life from the home to the society, from the dining table to the battlefield and peace conferences. In short from the cradle to the grave - for no sphere of life is exempt from the universal and comprehensive application of the moral principles of Islam. It makes morality reign supreme and ensures that the affairs of life are regulated by moral norms and not dominated by selfish desires and petty interests. Humility, modesty, control of passions and desires, truthfulness, integrity, patience, steadfastness and fulfilling one's promises - all these moral values are mentioned many times in the Quran. The Quran also tells: with his domestic a fel Siig Spall ge Hiss KGS od Soaks I NBs F Galas Leh ciybis Asis Ap goskss cid ctskel AesheZaseWl “And hasten to forgiveness from your Lord and a garden (i.e, Paradise) i ie, 2) as wide as the bmvas and the earth, prepared for the righteous. Who spend (in the cause of Allah) turing ease and hardship and who restrain anger and who pardon the people — and Allak loves the doers of good?” (Surah Aal-e-Imrdn: 133-134) The following statement of th “ coianaited Malis of the Prophet (PBUH), summarises the moral behaviour of 4 “My Sustainer has gi ty as given me nine commands: to remain conscious of God in private and it iblic, to jl Public, to speak justly whether angry or pleased, to show moderation when poor ot rich, © rane {riendship ae those who ‘are broken it off with me, to give to him who refuses me that occupied wit! i that] should command what is ight.” thought, that my looking should be an admonition
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The Islamic Social System
8 pages