Showing posts with label Women in islam. Show all posts
Showing posts with label Women in islam. Show all posts

Saturday, 6 February 2010

FEMALE INHERITANCE

by Sherif Abdel Azim

One of the most important differences between the Quran and the Bible is their attitude towards female inheritance of the property of a deceased relative. The Biblical attitude has been succinctly described by Rabbi Epstein: "The continuous and unbroken tradition since the Biblical days gives the female members of the household, wife and daughters, no right of succession to the family estate. In the more primitive scheme of succession, the female members of the family were considered part of the estate and as remote from the legal personality of an heir as the slave. Whereas by Mosaic enactment the daughters were admitted to succession in the event of no male issue remained, the wife was not recognized as heir even in such conditions."44

Why were the female members of the family considered part of the family estate? Rabbi Epstein has the answer: "They are owned --before marriage, by the father; after marriage, by the husband."45

The Biblical rules of inheritance are outlined in Numbers 27:1-11. A wife is given no share in her husband's estate, while he is her first heir, even before her sons. A daughter can inherit only if no male heirs exist. A mother is not an heir at all while the father is. Widows and daughters, in case male children remained, were at the mercy of the male heirs for provision. That is why widows and orphan girls were among the most destitute members of the Jewish society.

Christianity has followed suit for long time. Both the ecclesiastical and civil laws of Christendom barred daughters from sharing with their brothers in the father's patrimony. Besides, wives were deprived of any inheritance rights. These iniquitous laws survived till late in the last century. 46

Among the pagan Arabs before Islam, inheritance rights were confined exclusively to the male relatives. The Quran abolished all these unjust customs and gave all the female relatives inheritance shares:
"From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large --a determinate share" (Quran 4:7).

Muslim mothers, wives, daughters, and sisters had received inheritance rights thirteen hundred years before Europe recognized that these rights even existed. The division of inheritance is a vast subject with an enormous amount of details (Quran 4:7,11,12,176). The general rule is that the female share is half the male's except the cases in which the mother receives equal share to that of the father. This general rule if taken in isolation from other legislations concerning men and women may seem unfair. In order to understand the rationale behind this rule, one must take into account the fact that the financial obligations of men in Islam far exceed those of women (see the "Wife's property?" section). A bridegroom must provide his bride with a marriage gift. This gift becomes her exclusive property and remains so even if she is later divorced. The bride is under no obligation to present any gifts to her groom. Moreover, the Muslim husband is charged with the maintenance of his wife and children. The wife, on the other hand, is not obliged to help him in this regard. Her property and earnings are for her use alone except what she may voluntarily offer her husband. Besides, one has to realize that Islam vehemently advocates family life. It strongly encourages youth to get married, discourages divorce, and does not regard celibacy as a virtue. Therefore, in a truly Islamic society, family life is the norm and single life is the rare exception. That is, almost all marriage-aged women and men are married in an Islamic society. In light of these facts, one would appreciate that Muslim men, in general, have greater financial burdens than Muslim women and thus inheritance rules are meant to offset this imbalance so that the society lives free of all gender or class wars. After a simple comparison between the financial rights and duties of Muslim women, one British Muslim woman has concluded that Islam has treated women not only fairly but generously. 47


Source:muslimaccess.com

FEMALE EDUCATION

by Sherif Abdel Azim

The difference between the Biblical and the Quranic conceptions of women is not limited to the newly born female, it extends far beyond that. Let us compare their attitudes towards a female trying to learn her religion. The heart of Judaism is the Torah, the law. However, according to the Talmud, "women are exempt from the study of the Torah." Some Jewish Rabbis firmly declared "Let the words of Torah rather be destroyed by fire than imparted to women", and "Whoever teaches his daughter Torah is as though he taught her obscenity"8

The attitude of St. Paul in the New Testament is not brighter: "As in all the congregations of the saints, women should remain silent in the churches. They are not allowed to speak, but must be in submission as the law says. If they want to inquire about something, they should ask their own husbands at home; for it is disgraceful for a woman to speak in the church."
(I Corinthians 14:34-35)

How can a woman learn if she is not allowed to speak? How can a woman grow intellectually if she is obliged to be in a state of full submission? How can she broaden her horizons if her one and only source of information is her husband at home?

Now, to be fair, we should ask: is the Quranic position any different? One short story narrated in the Quran sums its position up concisely. Khawlah was a Muslim woman whose husband Aws pronounced this statement at a moment of anger: "You are to me as the back of my mother. " This was held by pagan Arabs to be a statement of divorce which freed the husband from any conjugal responsibility but did not leave the wife free to leave the husband's home or to marry another man. Having heard these words from her husband, Khawlah was in a miserable situation. She went straight to the Prophet of Islam to plead her case. The Prophet was of the opinion that she should be patient since there seemed to be no way out. Khawla kept arguing with the Prophet in an attempt to save her suspended marriage. Shortly, the Quran intervened; Khawla's plea was accepted. The divine verdict abolished this iniquitous custom. One full chapter (Chapter 58) of the Quran whose title is "Almujadilah" or "The Woman Who Pleads" was named after this incident:

"Allah has heard and accepted the statement of the woman who pleads with you (the Prophet) concerning her husband and carries her complaint to Allah, and Allah hears the arguments between both of you for Allah hears and sees all things...." (Quran 58:1).

A woman in the Quranic conception has the right to argue even with the Prophet of Islam himself. No one has the right to instruct her to be silent. She is under no obligation to consider her husband the one and only reference in matters of law and religion.

Source:muslimaccess.com

Women in Islam

by: Aicha Elshabini-Riad

Women in Islam is a multidimensional and a complex topic. The teachings of Islam are based essentially on the Qur'an (God's revelation) and Hadeeth ( elaboration by Prophet Mohammad, peace be upon him ). The Qur'an and the Hadeeth, when properly and unbiasedly understood, provide the basic source for any position or view which is attributed to Islam.

I am not an expert or a religious scholar. I am speaking from my personal convictions and experience as a mother, a wife, and an educator.

It is rare in the west that someone should ask the Muslim woman about her opinion, experiences and feelings as she fulfills her role in life. We as human beings unfortunately tend to misjudge, that which does not meet our standards or that which we do nor understand, yet do we ever stop to think how superficial that may be? Do we ever think to look deeper and learn, and then judge? To the common lay person an uncut diamond may look like a stone, but to a jeweler it is a treasure beyond comparison. Such is Islam to a Muslim and all who care to learn. To set the stage for the subject of Islam and Women, we have to understand two basic Islamic concepts. These two concepts are:

* Islam is not a common religion in the popular understanding of most people, rather Islam is a way of life to be practiced constantly and be reflected in all of our actions. The basis of these actions is the strong belief in God's commands in total obedience to his role. What our Creator commands is not for us, as his creations, to question. If one thinks of these commands, one does not find them insulting to his or her intelligence but rather they serve to enrich and improve humanity's well being. In this context, a Muslim man or woman understands their mutual role in society.
* The status of woman in Islam is something unique, something novel, something that has no similarity in any other system.

Islam acknowledges women as equal partners to men in fulfilling God's purpose for our existence on this earth. Men and women are to complement each other and not to compete with each other. According to Islam, all and each one of us, men and women should only have one reason for doing whatever we do, and that reason is satisfied by God. In Islam, men and women are equal, yet they are not identical. It therefore follows that the

rights and responsibilities of a woman are equal to those of a man but they are not necessarily identical. Equality and sameness are two quite different things. People are not created identical but they are created equal.

Contrary to popular misconception, Islam has long recognized that man and woman are equal, equal spiritually and mentally. It is to Islam's credit that it does not commit hypocrisy and claim them to be identical.

The fact that Islam gives the woman equal rights, but recognizes her as an individual, shows that it takes her into consideration, acknowledges her, and recognizes her independent personality.

What Islam has established for woman is that which suits her nature, gives her full security and protects her against disgraceful circumstances and uncertain channels of life.

God says in His Holy Book Qur'an: "Every soul will be (held) in pledge for its deeds" (Qur'an 74:38). The Qur'an also states that: "... So their Lord accepted their prayers, (saying): I will not suffer to be lost the work of any of you whether male or female. You proceed one from another..." (Qur'an 3:195).

The 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. Islam acknowledges and emphasizes the importance of the woman's role in her family and society as a mother. A mother whose function can not be substituted by any others. The man's function as a father can not be substituted by the woman. Both are there to complement each other. Islam respects both functions and calls on both men and women to fulfill their responsibilities in this regard. Neither men nor women should degrade the other party's function or look down to his or her own.

Among the greatest gifts God has blessed womankind with is the motherhood. God says in His Holy Book, the Qur'an: "Oh Mankind! Obey your Lord, who created you from a single person and creates from like nature his mate, and from both derived countless men and women. Obey God, whom you turn to and obey the wombs that bore you, for God is ever-watching you."

In a single verse God establishes the status and high rank of women as demonstrated by the most beautiful and incomparable role of mother in Islam, the place of the woman in general and mother in particular has no equal.

Like everything, Islam seeks to accomplish in our lives, it harmonizes between the physical, the mental and the spiritual. In other words, it treats the individual as a total being and does not ignore part. That is why rather than push man or woman to the denial of their nature, it instructs them to take advantage, to nurture and develop what God has given to them.

God says in His Holy Book, the Qur'an: "Your Lord has decreed that you worship none save Him, and that you be kind to your parents..." (Qur'an 17:23). Moreover, the Qur'an has a special recommendation for the good treatment of mothers: "And we have enjoined upon man (to be good) to his parents: His mother bears him in weakness upon weakness..." (Qur'an 31:14).

The Prophet Mohammad (peace be upon him) said: "Everyone of you is shepherd and everyone of you shall be asked about those under his (or her) guard. The king is a shepherd and shall be asked about his subjects, the man is shepherd and shall be asked about his family, and the woman is a shepherdess in the house of her husband and shall be asked about those under care."

In fact, the role of mother is given a higher position in importance, in responsibility and in respect, as illustrated in the following story bout the Prophet Mohammad (peace be upon him). A man came to the Prophet (peace be upon him) and asked him to advise him on whom should he takes into consideration. The Prophet (peace be upon him) answered "your mother", the man said "then", the Prophet (peace be upon him) said "your mother", the man said "then", the Prophet (peace be upon him) said "your mother", the man said "then", the Prophet (peace be upon him) said "your father". and yet again the Prophet (peace be upon him) said: "Paradise lies at the feet of mothers" which means that the woman's role as a mother is a sacred one. Islam has emphasized this fact in great fashion by instructing us to respect and care for our mothers for more than what we do for our fathers.

In the light of the important function that mother serves, Islam has gone so far as to advice parents to pay extra attention and devote time and efforts in the up bringing and raising of their daughters. The Prophet Mohammad (peace be upon him) said: "Whoever takes care of three daughters will enter Paradise." So a man asked how about two daughters, the Prophet (peace be upon him) said "he, too, will enter Paradise," so the man asked how about one daughter and the Prophet (peace be upon him) answered "he, too, will enter paradise."

The role of mother in Islam is no less in importance or social impact than the role of man as protector and provider. Islam has given the wife all what it takes to protect her rights and to create the adequate environment for a healthy family life. In an Islamic family, the man is responsible for supporting his family's needs. If the wife has income, it is her privilege to decide what to do with it independently. Family related decisions are to be discussed jointly.

The role of mother in Islam is so majestic and noble that women in general and mother in particular have been called the "School of the Nation". From our mothers new generations have sprung forth and from today's mothers, new generations will spring forth again. A blessing and trust given to us to nurture, protect, guide and educate. The first seeds of knowledge and the first knowledge of God is planted and developed at home under the guidance and loving care of the mother. It is a role God has gifted her with the capabilities to accomplish, the sense of giving and ability to inspire a sense of belonging.

The torn families of our days, and our social problems can be all avoided if the motherhood is taken as a serious responsibility and a respectable duty. Islam does not ask of the women to stay at home, have children, and be limited to raising them. Islam emphasizes the importance of this task to a healthy family and a healthy society. If a woman is capable of taking other tasks of life without abandoning such an important and vital task, she is not only allowed to do so, but she is requested to do just that. Every person, man or a woman, is requested to do his utmost to be a positive productive useful member of his or her own society. Talking about my personal experience, God have blessed me with the ability to be a caring mother of two young boys, a house wife with a content husband, and a productive career as a university professor. I do all that because God gave me the capability to do them all, not because I am in competition with any body, and not to prove that women can do it. I do it all in the way of God, and for his sake. There is no feeling of being threatened or a need to compete. Each man and woman recognizes their capabilities and their limitations.

So much can be said about the rights of women in Islam. But to be fair, we would not be talking about that if it were not for the other societies which denied women of their fair share of rights and equality. Islam gives women this fair share. It is all logical and obvious, and can be summarized on one simple statement. In the words of Prophet Mohammad (peace be upon him) "Women are men's mothers, sisters, and daughters".
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