THE RIGHTS OF
WOMEN IN ISLAM
According to the Oxford Dictionary, “Women’s Rights are the rights that promote a social and legal equality of women to men.” In Islam, a woman enjoys the same status as a man regarding rights and blessings in this world and hereafter. According to Islamic belief, men and women are equal partners in life. (Quran, 3:195)
The Prophet reportedly said, “Only a man of noble character will honour women, and only a man of base intentions will dishonour them.” (Ibn Asakir, Tarikh Dimashq, Vol. 13, p. 313) He also said, “The perfect man of religion excels in character. The best among you is he who gives the best treatment to his womenfolk.” (Sunan At Tirmidhi, Hadith No. 1162)
Islam confers on women all the political and social rights that man enjoys. She is entitled to all the privileges a man also has. The Quran says, “O humanity! Fear your Lord, who created you from a single soul. He created its mate from it, and the two spread countless men and women (throughout the earth). Fear God, in whose name you appeal to one another, and be mindful of your obligations regarding kinship ties.” (4:1)
From these verses, we can see that a man and a woman were created from equal parts, and from them, both progenies spread. It also tells humanity to respect one another and fear God in this matter.
Another verse of the Quran aptly describes the relationship between a man and a woman in this manner, “Another of His signs is that He created for you from among yourselves spouses so that you might find repose in them, and He created between you affection and kindness. Truly, there are signs in this for people who reflect.” (30:21) This verse brings out the need for love and respect of women, as created by God for its specific purpose. The discerning men must obey God’s command regarding women.
In this regard, the famous historian and writer William Montgomery Watt says that concerning the historical context of his time, the Prophet Muhammad is seen as a figure who promoted women’s rights and improved the status of women considerably during his time. He also highlighted how the women of those pre-Islamic days had no rights whatsoever and that after the death of a man, whatever he owned went to his sons and not to his wife. However, the Prophet Muhammad, by instituting rights of property ownership, inheritance, education, and divorce, gave women certain fundamental rights. (Maan, McIntosh, 1999)
Under Islam, marriage was not considered as just a status but as a contract, where the consent of the woman was imperative. The relationship formed by marriage in Islam is described in the Quran as a ‘firm contract’ (4:21). It is the same as any other contract, where rights and responsibilities bind a man and a woman together in a vital partnership, making them companions for life. The Prophet had said, “Beware, your women have rights over you, and you have rights over your women.” (Musnad Ahmad, Hadith No. 20695). Even what once was' bride-price' became a nuptial gift that the woman could retain as her own. (Esposito, 2005, p. 79/ Khadduri, 1978).
The Quran says, “And give the women their dowers willingly…” (4:4). The dower is in no way a payment for conjugal rights. It symbolizes in material form the responsibility a man has to fulfill regarding his wife until his last breath.
Annemarie Schimmel writes that compared to the pre-Islamic position of women, Islam gave enormous progress to women as they now had the right to own their property, whether delivered to them by their family or earned. (Annemarie Schimmel, Islam: An Introduction, 1992. p. 65) A woman could inherit property as a mother, sister, daughter, or wife. In their different capacities, they are allowed to share the properties of their relatives in a proportion fixed by the Quran, which is explained in the traditions or legal literature. The Quran says, “Concerning your children, God enjoins that a male shall receive a share equivalent to that of two females….” (4:11-12). Women thus enjoyed legal standing as equal and autonomous individuals with the right to manage and dispose of their property as they wished. Their marital status did not affect their ability to buy, sell, gift, or endow their property.
It is worth mentioning what the famous Historian J.M Roberts had to say regarding this. He writes: “It’s coming was in many ways revolutionary. It kept women, for example, in an inferior position but gave them legal rights over property not available to women in European countries until the 19th century.” (J. M. Roberts, The Pelican History of the World. New York, 1984. p 334) Retired Chief Justice of Delhi Court has said the same, Mr Rajindar Sachar:
“….Historically, Islam had been very liberal and progressive in granting property rights to women. It is a fact that there were no property rights given to Hindu women until 1956, when the Hindu Code Bill was passed, whereas Islam had granted these rights to Muslim women over 1400 years ago.” (The Statesman, New Delhi, April 26, 1986)
What is significant is that, in giving women equal status and proper rights, Islam set an important precedent, which in turn had a far-reaching effect on the civilization of the times. This raised the status of women without any sacrifice of femininity or traditional values and without creating any perversion in society.
