People who are are not very aware about Islamic teachings and history often claim that women are suppressed in Islam and that they don’t have any rights in Islam.
However, a good-faith analysis of Islamic teachings and history paints a completely different picture.
In fact, it would not be wrong to say if Allah bestowed prophethood on men, then he also has made his religion indebted to women like-
- Bibi Hazara RA (a slave girl and wife of Abraham PBUH) who founded the city of Mecca.
- Bibi Maryam RA who gave Prophet Jesus PBUH to Islam
- Bibi Khadija RA to whom all Muslims are indebted in terms of wealth.
- Bibi Fatima bint Asad RA who gave Ali to Islam (RA)
- Bibi Fatima RA who gave Hasan and Hussain to Islam (RA)
- Bibi Ayesha who narrated & preserved the traditions and teachings of Prophet PBUH.
- Bibi Zaynab bint Ali RA who safeguarded Islam from the hands of tyrant and hypocrite rulers.
One must read their inspiring biographies to get gist of the illuminating status of women in Islam.
Further, it is difficult to find any other religious or secular leader of the ancient world who had been as progressive and radical as Prophet Muhammad PBUH in the advocacy for women’s rights.
Due to his extremely progressive stance on women’s rights and empowerment, many modern scholars have even called him history’s first feminist.
For instance, Jim Garrison writes that “of all the founders of the great religions-Buddhism, Christianity, Confucianism, Islam, and Judaism-Muhammad was easily the most radical and empowering in his treatment of women. Arguably he was history’s first feminist”.
Rights of Women in Islam
Indeed, Prophet Muhammad PBUH improved the status of women in society both as a matter of religious conviction and state policy. He emphatically declared that-
- Women have right to Life and Human Dignity
- They can acquire and alienate property at her sweet will.
- Women also have a share in the property during inheritance.
- Whatever a woman earns, it will be her own property.
- She can marry someone of her choice
- Her consent is must at the time of Marriage. She can say no to a marriage proposal.
- Women have right to keep the Mehr at the time of her marriage.
- She is entitled to divorce on certain grounds
- She has a right to the custody of her children up to a certain age
- Whoever levels false allegations of any sort on any women must be subjected to the strict punishment of public whipping.
- Whoever harms her honour and dignity deserves a death sentence.
Islam shattered the Male Monopoly over Rights
Islamic laws shattered the monopoly of men over certain rights. These rights are concerned with marriage, inheritance, and property.
Leading scholars of religion and family laws across the world have praised the role of Islam in conferring inheritance and property rights on women that were earlier the monopoly of males.
To give effect to these rights in practice, Islamic law brought drastic changes in the customary inheritance laws of Arabs. It created a class of people and relatives to inherit the property of the deceased.
This class consists of 12 members most of whom are women. As the Holy mentions them by name, they are known as the Quranic heirs.
So, whenever there is a question of distribution of resources of a propositus who dies, the first one to get the shares are these Quranic heirs who are mostly the women of the household.
Property Rights
Next, the modern world considers the right to own and dispose of property to be an important right. The capitalist world considers it to be a determinant of the success and progress of any nation or community.
Islam bestowed these important property rights on both males and females on an equitable basis. And it conferred these rights on women way back in the sixth century.
In comparison, the rest of the world took over a thousand and a half years more to recognize women’s right to property.
Recently, Justice Qazi Faez Isa of the Pakistan Supreme Court observed that radical awakening was brought about by the Holy Quran as unfamiliar women’s rights were established for the first time in the scripture.
He held that in Islam, “a woman has the right to own and dispose of her property and she enjoys the right to retain, both before and after her marriage, her income, and property, her ability to do business without permission of her father or husband and keep and spend what she earns”.
Men shall have the benefit of what they earn and women shall have the benefit of what they earn
Al-Quran 4:32
It is true that women in some societies didn’t get property and inheritance rights as late as the 20th century.
Not only Preached but also Practiced
Prophet Muhammad (PBUH) not only preached about woman empowerment but also practiced it diligently in his day-to-day life. He strived for women’s empowerment through the mandate of Islam.
And once he presided over the Islamic Polity after the conquest of Mecca, he outlawed all social practices that were against the dignity of women.
He prohibited the earnings from a slave girl and encouraged Muslims to manumit and marry them for greater spiritual rewards.
And there are various instances in Islamic history attesting to the practice of this writ of the Prophet (s) in real life as well. This shows that Islam could enforce its writs at both normative and descriptive levels.
Narrated Abu Huraira: The Prophet forbade taking the earnings of a slave girl by prostitution. (Sahih al-Bukhari, Volume 7, Book 63, Number 260)
Narrated Abu Musa Al-Ashari: Allah’s Apostle said, “If a person teaches his slave girl good manners properly, educates her properly, and then manumits and marries her, he will get a double reward. And if a man believes in Jesus and then believes in me, he will get a double reward. And if a slave fears Allah and obeys his masters, he too will get a double reward”. (Sahih-al-Bukhari, Volume 4, Book 55, Number 655)
Narrated Anas: Allah’s Apostle manumitted Safiyya and then married her, and her Mahr was her manumission, and he gave a wedding banquet with Hais (a sort of sweet dish made from butter, cheese, and dates). (Sahih-al-Bukhari, Volume 7, Book 62, Number 98)
And his life is a beautiful attestation to this claim. So why was the Prophet more forthcoming in his demand for women’s empowerment compared to others?
There is both religious and secular explanation to the reason behind the progressive stance of Islam on woman empowerment.
Religious Explanation
The gist of the religious explanation revolves around the mandate of Islam as contained in the Holy Quran.
The Almighty Allah through the verses of the Glorious Quran commanded the holy Prophet to liberate women from oppressive, barbaric, and discriminatory social sanctions.
Some of these verses have been discussed below in some detail.
Secular Explanation
The secular explanation as to why Prophet Muhammad (PBUH) was so successful in empowering women revolves around the aspect of his strong will, firm determination, humble upbringing, and the class perspective.
Having spent his childhood as a poor orphan, the Prophet (s) was well aware of the pain of suffering, deprivation, and humiliation.
He, therefore, sympathized with all those who were similarly situated. It would be pertinent to quote once more the opinion of Jim Garrison who has articulated excellently on this issue.
“Muhammad was sensitized to the plight of women because he was born poor and orphaned at a very early age. He was also illiterate. He knew as few did what poverty and social exclusion meant. Confucius was born into the gentry scholar class of ancient China.
Buddha was born a wealthy prince in Nepal. Jesus was born the son of a carpenter with royal lineage and within a tightly-knit Jewish community in Palestine.
Moses was born into a Hebrew family and raised in the palace of the Pharaoh of Egypt. Muhammad had none of these advantages. Thus, while other religious leaders seemed strangely silent about the oppression of women, Muhammad dramatically raised the status of women as a matter of religious conviction and state policy.”
Lesser Share in Inheritance?
Having said that, let’s come back to the Islamic inheritance laws once more. Many critiques point out that even if Islam conferred inheritance rights to women so early, it gave them a lesser share compared to men.
Modern laws on the other hand grant equal inheritance rights to both men and women. To buttress their claims they also cite certain verses from the Holy Quran.
There is no denying that under the Islamic inheritance laws, there is a disparity in terms of the shares of men and women in the property as far as inheritance is concerned.
No Arbitrary Disparity
The share of women is half of the equivalent share of a man. But this disparity is a reasoned one and not arbitrary. It is a distinction based on equity and justice.
If Islam grants the male some extra share in the property, then it also places on him the sole burden to feed the family and take care of its financial needs.
Islam places no such burden or budgetary obligation on the woman. She does not owe any financial obligation towards the household except that she should spend righteously and reasonably out of her husband’s earnings.
And as per Islam, only women can wear gold jewelry and not men.
Balancing Privileges
In addition to this, Islam also balances out this male privilege by granting females certain other privileges that males are not entitled to.
For instance, women’s right to Mehr at the time of marriage that she is entitled to keep as her private property.
Though at the time of divorce, the husband may take it back, the Holy Quran insists that it is better if one does not take it back.
Fathers free to Gift all to Daughters
Furthermore, the provision of gifts or Hiba in Islam also balances out this disparity in male and female shares at the time of inheritance.
If the father thinks that his daughters are more capable than his sons in managing his property or business then he can always gift them to his daughters.
Apart from this, he can also give a proportion of his property to his daughters by making a will.
This shows that the doors of justice and equity are always open in Islam. That’s why many people including Prof. Afzal Wani rightly argue that there is no problem that cannot be addressed in a justiciable manner under Islamic Law.
If one diligently follows them in good faith, one cannot commit injustice. This applies to both personal and public life.
Abd Allah b. ‘Umar reported the Messenger of Allah (ﷺ) as saying: I did not see more defective in respect of reason and religion than the wise of you (women). A woman asked: What is the defect of reason and religion ? He replied: The defect of reason is the testimony of two women for one man, and the defect of faith is that one of you does not fast during Ramadan (when one is menstruating), and keep away from prayer for some days. (Sunan Abi Dawud 4679)
Equal obligations on Men and Women
While the critiques of Islam do not fail to notice the disparity in male and female shares under the Islamic succession laws, they conveniently forget other verses of the Holy Quran that place similar obligations on both men and women.
Kindly appreciate these few verses on this matter-
And in no wise person covet those things in which Allah Hath bestowed His gifts More freely on some of you than on others: To men are allotted what they earn, and to women what they earn: But ask Allah of His bounty. For Allah hath full knowledge of all things. (Al-Quran 4:32)
O People, it is true that you have certain rights with regard to your women, but they also have rights over you. Remember that you have taken them as your wives only under a trust from God and with His permission. If they abide by your right then to them belongs the right to be fed and clothed in kindness. Do treat your women well and be kind to them for they are your partners and committed helpers.” (Prophet Muhammad (s) in his last sermon)
Narrated Salim’s father: The Prophet said, “If the wife of any one of you asks permission to go to the mosque, he should not forbid her.” (Sahih al-Bukhari, Volume 7, Book 62, Number 165)
It may be noted that each Quranic verse has a context to it. They should be read not stand alone but in that appropriate context only in which they were revealed.
One must study them in good faith keeping in mind the overarching framework of justice, fairness, and equity which forms the backbone of Islam.
If one appreciates the verses in this spirit, then one would notice that the glorious Quran empowers womankind and does not oppress them.
Consent before Marriage
Islam explicitly forbids marrying women against their will or without their informed consent. In several of its verses, the Holy Quran prohibits the harsh treatment of women.
And it mandates utmost equity and kindness in dealing with them. Prophet Muhammad (PBUH) said that the best amongst men are those who are best in their behavior with women.
O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may Take away part of the dower ye have given them,-except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good. (Al-Quran 3:19)
Abu Hurairah narrated that: The Prophet said: “A matron should not be given in marriage until she is consulted, and a virgin should not be given in marriage until her permission is sought, and her silence is her permission.” (Jami` at-Tirmidhi 1107)
Narrated Al-Qasim-‘A woman from the offspring of Ja’far was afraid lest her guardian marries her (to somebody) against her will. So she sent for two elderly men from the Ansar, ‘Abdur Rahman and Mujammi’, the two sons of Jariya, and they said to her, “Don’t be afraid, for Khansa’ bint Khidam was given by her father in marriage against her will, then the Prophet canceled that marriage.” (Sahih al-Bukhari Volume 9, Book 86, Number 99 (See Hadith No. 78))
Narrated Abdullah ibn Umar: The Prophet (ﷺ) said: Consult women about (the marriage of) their daughters. (Sunan Abi Dawud 2095 (Grade: Da’if (Al-Albani))
It was narrated from Ibn ‘Abbas that the Prophet said: “The guardian has no right (to force) the previously married woman (into a marriage). And an orphan girl should be consulted, and her silence is her approval.” (Sunan an-Nasa’i 3263)
Abu Hurairah narrated that: The Messenger of Allah said: “An orphan is to be consulted about herself, then if she is silent that is her permission, and if she refuses, then do not authorize it (the marriage) for her” (meaning: when she attains the age of puberty and refuses it.) (Jami` at-Tirmidhi 1109)
It was narrated from Ibn ‘Abbas that the Prophet said: “A previously married woman has more right (to decide) about herself (with regard to marriage), and a virgin should be consulted by her father, and her permission is her silence.” (Sunan an-Nasa’i 3264)
Narrated Abu Huraira: Allah’s Messenger (ﷺ) said, “A lady slave should not be given in marriage until she is consulted, and a virgin should not be given in marriage until her permission is granted.” The people said, “How will she express her permission?” The Prophet (ﷺ) said, “By keeping silent (when asked her consent).” Some people said, “If a man, by playing a trick, presents two false witnesses before the judge to testify that he has married a matron with her consent and the judge confirms his marriage, and the husband is sure that he has never married her (before), then such a marriage will be considered as a legal one and he may live with her husband.” (Sahih al-Bukhari 6970)
It was narrated from Khansa’ bint Khidham that her father married her off when she had been previously married, and she was unwilling. She went to the Messenger of Allah and he annulled the marriage. (Sunan an-Nasa’i 3268)
The best amongst you are those who are best to their women.
Tirmidhi 1162
Importance of Mother in Islam
Narrated Abu Huraira (r)- A man came to Allah’s Apostle and said, “O Allah’s Apostle! Who is more entitled to be treated with the best companionship by me?” The Prophet said, “Your mother.” The man said. “Who is next?” The Prophet said, “Your mother.” The man further said, “Who is next?” The Prophet said, “Your mother.” The man asked for the fourth time, “Who is next?” The Prophet said, “Your father.” (Sahih Bukhari Volume 8, Book 73, Number 2)
Narrated Sa`id bin ‘Ubada Al-Ansari: that he consulted the Prophet (ﷺ) about a vow that had been made by his mother who died without fulfilling it. The Prophet (ﷺ) gave his verdict that he should fulfill it on her behalf. The verdict became Sunna (i.e. the Prophet’s tradition). (Sahih al-Bukhari 6698)
It was narrated that ‘Aishah said: “When the following was revealed: ‘But if you desire Allah and His Messenger,’ the Prophet came and started with me. He said: ‘O ‘Aishah, I am going to say something to you and you do not have to rush (to make a decision) until you consult your parents.'” She said: “He knew, by Allah, that my parents would never tell me to leave him. Then he recited to me: ‘O Prophet! Say to your wives: If you desire the life of this world, and its glitter.'” “I said: ‘Do I need to consult my parents concerning this? I desire Allah and His Messenger.'” (Sunan an-Nasa’i 3440)
Narrated Asma ‘bint Abi Bakr: During the period of the peace treaty of Quraish with Allah’s Messenger (ﷺ), my mother, accompanied by her father, came to visit me, and she was a pagan. I consulted Allah’s Messenger (ﷺ), “O Allah’s Messenger (ﷺ)! My mother has come to me and she desires to receive a reward from me, shall I keep good relation with her?” He said, “Yes, keep good relation with her.” (Sahih al-Bukhari 3183)
Clothing and Dressing Norms
Islam does provide for modest clothing. But this rule applies to both women and men. It is unfortunate that in some Muslim societies, only women are singled out and castigated for not dressing modestly.
O ye Children of Adam! We have bestowed raiment upon you to cover your shame, as well as to be an adornment to you. But the raiment of righteousness,- that is the best. Such are among the Signs of Allah, that they may receive admonition! (Al-Quran 7:26)
Women are not Inferior to Men
Even if one goes by a literal interpretation, there is not a single verse in the Holy Quran that refers to women as inferior to men. On the contrary, I came across a verse that says men were created weak.
Holy Quran says that both men and women are protectors of one another. It also takes a serious note of the unfounded allegations often smeared on the character of women in many patriarchal societies all over the world.
It provides for strict punishment in such cases if the complainant fails to prove the charges with proper evidence.
The Believers, men, and women are protectors one of another: they enjoin what is just, and forbid what is evil: they observe regular prayers, practice regular charity, and obey Allah and His Messenger. On them will Allah pour His mercy: for Allah is Exalted in Power, Wise. (Al-Quran 9:71)
Allah doth wish to lighten your (difficulties): For man was created Weak (in flesh). (Al-Quran 4:28)
And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquillity with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect. (Al-Quran 30:21)
Narrated Ibn Abbas: Hilal bin Umaiya accused his wife before the Prophet of committing illegal sexual intercourse with Sharik bin Sahma.’ The Prophet said, “Produce a proof, or else you would get the legal punishment (by being lashed) on your back.” Hilal said, “O Allah’s Apostle! If anyone of us saw another man over his wife, would he go to search for proof?” The Prophet went on saying, “Produce a proof or else you would get the legal punishment (by being lashed) on your back.” The Prophet then mentioned the narration of Lian (as in the Holy Book). (Surat-al-Nur: 24) (Sahih al-Bukhari, Volume 3, Book 48, Number 837)
Does Islam Encourage Woman Bashing?
In most discussions concerning women’s rights in Islam, non-Muslims often allege that Islam permits the beating of women. Islam is a religion that fully takes into account the practicalities of life. It acknowledges the normal wear and tear of married life.
If in some of the hadiths, the Prophet (PBUH) is said to have permitted gentle bashing of women in some exceptional circumstances, in many other traditions (graded as sahih and authentic), he also prohibited the beating of women as can be ascertained from the one quoted below-
Bahz bin Hakim reported on the authority of his father from his grandfather (Mu’awiyah ibn Haydah) as saying: I said: Messenger of Allah, how should we approach our wives and how should we leave them? He replied: Approach your tilth when or how you will, give her (your wife) food when you take food, clothe when you clothe yourself, do not revile her face, and do not beat her. Abu Dawud said: The version of Shu’bah has: That you give her food when you have food yourself and that you clothe her when you clothe yourself. (Sunan Abi Dawud 2143)
Most importantly, in Islam, Muslims are obliged to follow and imitate the life of Prophet Muhammad (PBUH). And as far as the Prophet (PBUH) is concerned, he never stuck any woman. And this hadith quoted below (graded as sahih and authentic) proves that.
A’isha said: the Messenger of Allah (saws ) never struck a servant or a woman.
Sunan Abi Dawud 4786
False allegations on Women
Islam not only makes character assassination of women very difficult by mandating a very rigorous burden of proof but also penalises and deters false accusers with a heavy punishment.
For instance, if a man accuses a women of adultery, he has to bring four witnesses who saw her engaged in an adulterous act. And if the man fails to do so, the Holy Quran mandates a strict punishment of 80 lashes for each accuser.
Holy Quran 24:4-5 Those who accuse chaste women ˹of adultery˺ and fail to produce four witnesses, give them eighty lashes ˹each˺. And do not ever accept any testimony from them—for they are indeed the rebellious except those who repent afterwards and mend their ways, then surely Allah is All-Forgiving, Most Merciful.
If a husband accuses his wife of any adulterous or immoral act and he does not has four witnesses, he he has to testify four times before the judge swearing by Allah that he is telling the truth. He also has to make a fifth testimony invoking the curse of Allah on him if he is lying.
Holy Quran 24:6-7 And those who accuse their wives ˹of adultery˺ but have no witness except themselves, the accuser must testify, swearing four times by Allah that he is telling the truth. And yet a fifth, invoking the curse of Allah on him if he is of those who lie.
However, even these 5 testimonies of Husband cannot lead to automatic conviction of the wife or woman concerned. If the wife also swears 4 times that her husband is lying and a 5th oath invoking the wrath of Allah upon her if she is lying, she can easily get away without getting convicted.
Holy Quran 24:7-8 For her to be spared the punishment, she must swear four times by Allah that he is telling a lie, and a fifth oath that Allah may be displeased with her if he is telling the truth.
Why no Women Prophet in Islam?
It is like asking why no mother have been a father. It is as simple or complex as that.
Further, those who ask such questions should first read the life stories and duties of prophets in Islam.
It is evident that all prophets came from very poor and impoverished backgrounds (most were shepherds and farmers) with lifelong sufferings and tribulations throughout life as they lead people against the tyranny of powerful classes and rulers.
They were abused, thrown out of their homes and nations and many were tortured to death for advocating the worship of God over might kings, queens, priests and false deities created by the upper classes to exploit people. For instance
- Prophet Moses PBUH faced the wrath of powerful Egyptian Pharaoh when he called for the worship of God over kings.
- Prophet Abraham PBUH was thrown into the fire for questioning the authority of mighty Nimrud.
- Prophet Jesus Christ PBUH was crucified on the orders of Romans for calling people to the way of Gond.
- Prophet Muhammad PBUH also had multiple attempts on his life, was forced to leave his birthplace Mecca and migrate to Medina.
Thus the institution of prophethood was fraught with extreme threats and challenges. Perhaps God did not want women to go through these difficulties. God knows best.
Nonetheless, as we discussed earlier, even if God didn’t make women Prophets, he got Islam indebted to women in other manners as is evident by the role and position of great ladies like Hazara, Khadija, Fatima, and Ayesha, etc (Allah’s blessings be upon them all).
One should also not forget that it were the women who birthed Prophets and were mothers of Prophet PBUH.
Conclusion
To conclude, Islam conferred certain rights on women like the right to property, dignity, work, and consent before marriage way back in the 6th century.
These rights include but are not limited to-
- Life and Human Dignity
- Work and Livelihood
- Share in the ancestral property during inheritance.
- Acquire and alienate property on her sweet will.
- Marry someone of her choice.
- Consent before Marriage.
- Mehr amount at the time of Marriage.
- Divorce on certain grounds.
- Custody of children up to a certain age.
Thus, Islam empowered women much before the idea entered the consciousness of civilised nations.
Many of the above-mentioned rights could find a place in the statute books of the rest of the world only in the previous century.
In such a case, the role of Islam in the empowerment of women must be appreciated.
Humanity has never known a religion that has honoured womenkind as much as Islam
Imam Ahmad Ibn Hanbal (r)
To learn more about the Muslim personal law and matters connected to it, kindly refer to our Family Law notes section.