Women's Rights in Islam

WOMEN'S RIGHTS IN ISLAM
Author(s): JOHN L. ESPOSITO

Source: Islamic Studies, Vol. 14, No. 2 (SUMMER 1975), pp. 99-114
Published by: Islamic Research Institute, International Islamic University, Islamabad
Stable URL: http://www.jstor.org/stable/20846947
Accessed: 17-05-2015 14:07 UTC
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at http://www.jstor.org/page/
info/about/policies/terms.jsp
JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content
in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship.
For more information about JSTOR, please contact support@jstor.org.
Islamic Research Institute, International Islamic University, Islamabad is collaborating with JSTOR to digitize, preserve
and extend access to Islamic Studies.
http://www.jstor.org
This content downloaded from 117.55.206.71 on Sun, 17 May 2015 14:07:21 UTC
All use subject to JSTOR Terms and Conditions

JOHN L. ESPOSITO
has provideda challengetoMuslim countries

The twentieth
century
throughoutthe world. Modernization has meant the harnessingof
witha growingtrendtowardsindustrialization
scienceand technology
and
urbanization.
The
results of these new
found social changes,

especially in woman's
developments have been pro

them changes in family structure and most
among
status and
role in Muslim
society. Recognition
inferior status during the long period of medieval Muslim
history and down to the modern period raises a serious question as to
whether or not this represents the Islamic ideal. Specifically, is there an
of women's
inherentconflictbetween the Islamic traditionand thedemands of the
modern age?
one
The subjectof women and the familyin Islam is a difficult
fraught with
stereotypes and misconceptions.
commonly
accepted
belief,fosteredby the existenceof such practicesas theveiling (burqa)

and seclusion{purdah)ofwomen, is thatIslam isa religionthatgrantsno
rights to women but rather prescribes their total subjugation to men. In

fact, this is far from theQur'anic reality, and from the picture that emer
search for the causes of women's low
ges from early Islamic histroy. A
society shows that such a situation reflects neither the;

nor
content of the Qur'an which had enacted many reforms
original spirit
to improve women's debased position in pre-Islamic society.
position
inMuslim
low
Many of the social and legal practices perpetuating women's
status actually developed through the influence of social customs com
these customs infiltrated'
mon
times. Once
in ancient and medieval
as
Islamic culture and then became accepted
norms, they were naturally
with Islam, theywere viewed

with Islam. And once identified
identified
as unchanging
if not sacrosanct
social standards.
The recognitionthat thesestandards,applied tomedieval society,
are no longer suitable for present social conditions has come
in the after
math of thesocialand economicupheaval in thetwentieth

century.These
women and theMuslim family
medieval attitudesand values regarding
100
have
JOHN L. ESPOSITO
caused
to cause unnecessary social inequities. The

in Islam can and must be viewed from within its his
and continue
position of women
torical context.
In order to better understand
the changing role of Muslim
women
and its relationshipto the Islamic tradition,this studywill examine the

status of women
in Muslim
society from an historical and
sociological
perspective.
Women's
position in classical times will be viewed in contrast
with her status in pre-Islamic Arabian society in order to provide a pers
pective on the improved status which Islam created for her in the classical
this will provide a vantage point from which to

of her status during the medieval period. This
thus concerns itselfwith a discussion of the factors which contri
Furthermore,
period.
view the deterioration
paper,
buted to the depressed position of women in medieval Muslim society?
a situation which has continued to exist down to the modern period.
Women
inPre-Islamic Arabia
low status in pre-Islamic times provides a

perspective on the extent of the reforms which the Qur'an introduced
to improve their position in classical Islam. In a primitive society threa
tened by poverty and starvation, female babies who did not have the same
A
review of women's
potential for individual strength and mobility as males, often represented

a great burden. One manifestation of this attitude was the pre-Islamic
practice of female infanticide. Its existence is attested to in the Qur'an:
When news is brought to one of themof the( birthoO a female (child), his
face darkens, and he is filledwith inwardgrief!With shame does he hide
himselffromhis people because of thebad news he has had! Shall he re
tain it (on sufferanceand contempt),or bury it in thedust? Ah! what an
evil (choice) theydecide on. (Qur'an: XVI, 58-59)1
they were stronger and more agile than women, most
of the tasks necessary in a society of nomads (ability to fight as warriors,
to attack animals, to seize food), were better done by men. Women,
who were easily overcome by force and who spent much of their lives
weakened by pregnancies or tied down with the care of children, could
Because
easily become liabilities to a tribe. They were often in danger of being

carried off as wives or concubines of the enemy, a serious disgrace for their
kin. Thus, social conditions and the necessities of survival accounted for
women's
low social position.
WOMEN'S
RIGHTS
101
IN ISLAM
In addition, the lowering of women's status can be attributed to the

In ancient Arabia,
of
two main
types
marriage that were contracted.
categories of marriage can be distinguished, one based on female kinship
In sadlqa marriage,
Qadlqa) and the other based on male kinship (ba'l).
the wife stayed with her tribewhile her husband sometimes came from a
foreign tribe. The wife had the right to choose her husband, to receive
him in her tent and to dismiss him when she wished.
Sadlqa marriages
involved no subjugation of the,wife. She, and not her family, received a
No
gift from her prospective husband in consideration of the marriage.
witnesses or guardians were necessary since themarriage was based solely
on the consent of the two parties.
It did not involve any contract with the
Thus, the sadlqa marriage corresponded to the law of mother
kinship. Children belonged to the wife's tribe since her kin did not con
tractwith the husband to relinquish their rights to thewife or her children.
Two types of sadlqa marriages existed, mat*a or temporary marriage and
wife's kin.
what Robertson
which
a more permanent marriage

settled with his wife's tribe.2
Smith calls "beena"
the husband
through
marriage, the ba 7marriage, based on male

rules. This marriage originally
different
by very
kinship,
woman
in
battle. Later, however, such
of
the
took place by capture
marriages were contracted through purchase of the woman from her kin.
In contrast to the sadlqa
is governed
status was considerably lowered since

this marriage, the woman's
she lost her right to choose and to dismiss her mate, to receive a gift from
her husband and to live along with her future children among her own
tribe. Ba 7, meaning "lord" or "owner" reflected the status of the hus
With
band over the wife.

bear children who
She was obliged to follow him to his tribe and to

The wife's tribe
considered to be of his blood.
were
relinquished their rights to her and her future children by receiving a

price or gift called mahr. This marriage closely resembled a sale through
which the woman
became
the property of her husband
and his tribe.3
For some time, both ba'l and sadlqa marriages existed simultaneously
tribe, the ba'l marriages often being arranged with captive
or alien women.
However, eventually ba'l marriages became predomi
in the same
First, men wanted sons to be

long to their kin. Second, in a ba 7 marriage, much value was placed on
the chastity and potential fidelity of the girl for sale. Consequently, the
nant for all women
for two main
reasons.
girl's familystrictlylimitedher behaviour in orderto insurehervirginal

reputation and quality and
therefore their family honour.
As a result,
JOHN L. ESPOSITO
102
thebehaviourof a girl in a fadlqamarriagewho could takeor leaveher

at will came to be viewed as a disgrace. As Smith explains, 'In
this state of feeling, a woman who entertained a mut'a husband would sink
in social estimation and not be regarded as a proper wife at all."4
husband
The supercedence of the ba'l marriage over the ?adlqa forms contri
Since a
significantly to the depressed social status of women.
woman would eventually leave the family, her value consisted primarily
buted
in the mahr her family received at her marriage sale.

In addition, any
to
of
her
inheritance
from
her
right
family, especially inheritance
possibility
of fixed property such as land, which would in effect be transferring family

to another tribe, was out of the question. And, the married
status in her new family was not improved. As a wife she be
woman's
wealth
came totallysubjectedto her husband and to his kindredand totally
dependent upon
them for maintenance
and support.
Thus, the ba'l marriage of dominion in ancient Arabia produced a

situation in which a woman was subjugated by males, her father, brother
or close male relatives when she was a virgin and her husband when she
As a matter of custom, she came to be regarded as little

than chattle to be bought and sold. She had no voice in the initia
became a wife.
more
tion or termination of her marrige.
Another factor contributing to women's inferior status was men's

unlimited polygamy, contingent solely upon the males' ability to
of
right
or
Such rights had existed throughout Byzan
capture
purchase women.
tium, Persia, Syria and Arabia.5
Qur'anic
Reform
and the Classical
Period
The prevalence of ba'l marriages which led to the general denial of

any rights for women in inheritance, marriage and divorce, provides the
social context against which the life of the Prophet and the revelation of the
Qur'an must be understood in order to see the profound social changes
Islam brought a shift in the basis of the social founda
wrought by Islam.
blood kinship to fellowship of the community (umma) of be
lievers, from loyalty to the tribe to that of the extended family as its basic
unit, and a strong family meant recognition not only of male rights but of
female rights as well.
Some of the most important and radical reforms
tion?from
of customary law were those made by the Qur'an in order to improve the
status of women and strengthen the family inMuslim society. The three
WOMEN'S
main
areas of Qur'anic
RIGHTS
103
IN ISLAM
reform involved marriage, divorce and inheritance.
Pre-Islamic practices of temporary marriage (mut'a) and unrestricted

polygamy were curtailed and the number of wives permitted was limited
to four. This restriction seems to represent a Qur'anic trend toward re
commending monogamy, a form of marriage that was not feasible at that
time. Social circumstances during this period, the widely-accepted prac
tice of polygamy and the existence of many widows and orphans left by
men who had died in battle and were in need of protection through marri
Thus, the Qur'anic
age, militated against the outlawing of polygamy.
verse from which
the control of polygamy
is derived must be understood
in thecontextof problemsresulting
which
fromthebattleofUhud, 3/625,
had caused
the deaths of a substantial percentage of Muslim
men:
Ifye fear thatye shallnot be able todeal justlywith theorphans,marrywomen

of your choice, twoor three,or four;But ifye fear thatye shallnot be able to
deal justly (with them) thenonly one. (Qur*an: IV, 3).
In the eyes of Muslim modernists, this Qur'anic injunction encour
aged monogamy by stressing the necessity for equal treatment of each wife.
ifnot impossibility
of thistask is
Moreover, recognitionof thedifficulty,
voiced
in a subsequent
verse:
Ye are never able to be fair and just between women even if thatwere
your ardent desire. (Qur'an: IV, 129).
In another attempt to strengthen woman's position in marriage,
the Qur'an affirmed her full legal capacity to contract marriage and re
ceive the dower (mahr). Only the wife, then, and not her father or other
male relatives, as had been the custom, was to receive the dower from her
"And give the women (in marriage) their dower as a free gift."
husband:
(Qur'an: IV, 4). Thus, the woman became a legal partner to themarriage
contract rather than an object for sale.
Contrary to popular belief in theWest, the original intent of early

Islamic faith was not to encourage divorce but to discourage it. Indeed,
. .of all the permitted
said that ".
the Prophet is reported to have
However, where
things, divorce is the most abominable with God."6
divorce was the only alternative, the Qur'an sought to protect woman and
her rights. Thus men who are considering divorce from their wives are
. . either take them back on
constantly commanded to ".
equitable terms
or part with them on equitable terms." (Qur'an: LXV, 2). In addition, in
order to provide an opportunity for reconciliation, an important Qur'anic
104
JOHN L. ESPOSITO
reformcalls fora waitingperiod ('idda) of three

months,givingthewife
fullmaintenance
can take place.
(Qur'dn: LXV, 6) during this period, before a final divorce

If a wife is pregnant, the waiting period is extended until
deliveryofherchild,(Qur'dn:LXV, 4).
A
common
abuse
in Ere-Islamic
Arabian
society occurred when
a
divorced his wife in
fit of anger and then just as capriciously
took her back. This practice existed for one of two possible reasons:
to convince the wife to relinquish her dower in exchange for her final free
dom or to prevent her from re-marrying. To eliminate this injustice,
a man
commanded that a husband may divorce his wife but twice

(Qur'dn: II, 229) and that regardless of his excuses, a third pronunciation
of the divorce formula constituted an irrevocable divorce.
the Qur'dn
to inherit.
Finally, the Qur'dn established the right of women
In Pre-Islamic Arabia, as in many civilizations, inheritance passed
only
to mature male relatives upon whom the women were totally dependent
for their survival.
in the Islamic community (umma) more

However,
emphasis was placed upon the rights of familymembers, especially women.
This Islamic reform is mirrored in the new rules of inheritance that were
The Qur'dn gives rights
superimposed upon existing customary practices.
of inheritance to wives, daughters, sisters and grandmothers of the de
ceased, all of whom had previously had no rights of succession at all.
These new "Qur'dnic heirs" received fixed proportionate shares from the
estate before the inheritance passed on to the male agnates.

after
these Qur'dnic claims were satisfied, was the residue of the
Only
estate awarded to the nearest agnate relatives. Generally speaking, female
deceased's
heirs were awarded
a share equivalent to half the amount given to their

whose
heavy maintenance responsibilities (for children,
counterparts,
all
members
in the extended family, (all specified in
and
female
parents
the Qur'dn) justified their larger share.
male
In addition
to specific Qur'dnic regulations which established and

rights, the Qur'dn declared woman's religious equality
protected women's
with men both as regards their obligation to pray and lead virtuous lives
and their equality of rewards and punishments at the final judgment.
The Qur'dn expressed their religious equality in this way:
? be
? and have
If any do deeds of righteousness,
theymale or female
faith,theywill enterHeaven, and not the least injusticewill be done to them.
(Qur'dn: IV, 124).
WOMEN'S
105
IN ISLAM
RIGHTS
in contrast to established custom, Muhammad

allowed women
Women
men.?
scholars
and saints
with
the
to worship equally
preachers,
were also given significant recognition. As Ignaz Goldziher points out:
Thus,
There can be but fewbooks on thebiographies of saintswhich fail tomen

tion a number of women saints under every letterof the alphabet whose
wonderous deeds are no lessmarvelous than those ofmen dealt with in the
same works.8
Among
the most
renowned saints is themystic Rabi'a
al-'Adawiya
(d. 185/801)of Ba?ra. She was soughtas a spiritualguide by bothmen
and was often cited by most ?uf i writers and hagiographers

as a foremost authority on spirituality.*
and women
There were many women scholars who taught in the mosque

universities and whose learning earned them generous praise from male
colleagues and a large following of students. One who ranked among
them was one of themost notable scholars of her age, Shuhda bint al-Ibari,
in 574/1178'.
died in Baghdad
"the glory of woman" who
She studied with the leading scholars of her time and in turn attracted
many students to her lectures. Among her achievements was her pro
the same period the
found knowledge of religious sciences.10 During
surnamed
scholar Zaynab bint al-Sha'ri (d. 615/1219) earned many

ijazdt (diplomas) from tbe top scholars of her generation including al
As a result of her reputation, many men, among them the
Zamakhshari.
famous woman
noted
ibn Khallikan,
earned a diploma
as her student.11
area in which women distinguished themselves was badith

the fact that the science of badith refers
literature.
Despite
(tradition)
to the transmitters of traditions as rijdl al-badith (men of the tradition)
women often played a prominent role as transmitters. Thus, for example,
Another
Sahib was Karima. bint Ahmad (d. 462/

said that no transmitter of the text of Bukharl
a famous source of al-Bukhari's

it was
1066). Actually
could compete with her isndd.12
Decline
inWomen's
Status
TheMedieval Period
above portrayals of the freedom and equality enjoyed by
in the early centuries are a striking contrast to their more sub
events such as
jugated position in later Arab society. Many historical
theMongol and Turkish invasions and the subsequent decline of theMus
The
women
JOHN L. ESPOSITO
106
lim civilization
into feudalism were general causes for the deterioration of

As Nejla
Izzeddin perceptively observes:
status.
women's
When Arab societywas productive,creativewomen participated in its acti

vities and shared in thegeneral strengthand well-being.When vitalityebbed
away and deteriorationset in,woman sufferedalong with her community,l *
However,
one more
concrete problem
directly related to women's
loss of rightsoriginallygrantedher by theQur'an is the stronginfluence
of customary laws. In the course of time, as Islam spread to many lands,

the interaction and clash of Qur'anic reforms with the strong social customs
of new converts brought about new cultural adjustments
lowered women's status, i4 For example, when Muslims
that eventually
came into the
Persia and Egypt, theirwomen adopted the

cities of Syria, Mesopotamia,
face veil as a concession to the prevailing custom so that they would not
be misunderstood for women of loose character who remained unveiled.
Likewise, the custom of seclusion (harem or purdah) which originally had
been practiced in Byzantium and Persia made its way to the Persianized
court of Baghdad and eventually gained common acceptance inMuslim
lands, i5
Unfortunately,
through the ages the customs of seclusion and
veiling became justified by giving them religious authority and sanction and
thus by attributing them to Islam. For example, the Qur'an gives instruc
wives and daughters and the other Muslim women
tions toMuhammad's
to cover themselves with outer garments when walking outside. These
followers who were at
instructions were given to protect Muhammad's
this time inMecca
subject to insult:
O Prophet! Tell thywives and daughtersand thebelievingwomen, that they

should cast theirouter garmentsover theirpersons (when abroad): That is
most convenient, that they should be known (as such) and not molested.
(Qur'an: XXXIII, 59).
intention was not to restrict the liberty of women and yet this
to justify enforced veiling. A notable example of such a
used
passage is
justification comes from a famous commentary of the Qur'an written by
The
al-Tabari (d. 310/923)who livedmost of his lifeinBaghdad. His writing

reflects his environment where the veiling of freewomen as a status symbol
came about to distinguish them from the great number of unveiled slave
girls. Tabari's Tafslr interprets the above verse in the following way:
God says to his Prophet, 'Tell yourwives and daughters and thewives of
107
believerswhen theygo out of doors not to be likefemale slaves in theirgarb,

leavingtheirhair and faceuncovered; but let themletdown part of theirrobes
thatno miscreantmay expose themtoharmfulcommentswhen he discovers
them to be freewomen, i*
significant Qur'anic passages, often misinterpreted, deal with
The
the rules of modesty, which are similar for both men and women.
following passage applies to women:
Other
And say to the believing women that they should lower their gaze and
guard theirmodesty; that theyshould not display theirbeauty and ornaments
exceptwhat (must ordinarily) appear thereof; that theyshould draw their
veils over theirbosoms and not display theirbeauty except to their husbands,
theirfathers (Qur'an: XXIV, 31).
From
these injunctions al-BaydawI, a thirteenth century Persian

renowned commentators on the Qur'an, reflects the
and one of the most
customs of his day by his interpretation. Al-BaydawI

believed that the
are
two
to
thewoman's face and
hands which should
"ornaments" referred
only be uncovered for prayer for:
Indeed thewhole of thebody of a freewoman is to be regardedas pudendal
and no part of hermay lawfullybe seen by anyone but her husband or close
or
kin, except in case of need, as when she isunder-goingmedical treatment
evidence.17
giving
However, despite attempts of commentators to justify their social
customs through Qur'anic passages, further evidence that veiling is a
social custom instead of a religious edict comes from the fact that Chris
tian women inArab cities also covered their faces, and in nineteenth cen
tury Egypt both Jewish and Coptic women
also kept their faces veiled.18
negative effect of veiling and seclusion, customs which had

to give honour and distinctoin to women, came with
meant
originally
their hardening into what was thought to be religious precepts and their
stringent application to women in all environments. The original pra
tice of the harem for women in great houses or palaces, who had consider
The
able mobilitywithin thehouseholdand theopportunityto join inmany
this environment, was quite another custom for poorer

women confined in small houses and barred from the community. How
ever, once this custom was given religious authority it even led to the loss
activities within
of women's
a woman's
Any question of
right to publically worship in the mosque.
leaving her seclusion to engage in any activity that would
JOHN L. ESPOSITO
108
attract public attention to her was condemned by the learned. Although

the Qur'dn stresses the mutual religious obligations of women and men,
women's inability to worship in public came to be taken for granted and
gradually led to a lack of their worship in private. This
that has extended even to modern times. As Muhammad
is a problem
al-Ghazzall
observed regarding Egyptian women 20 years ago, "-ninety

percent of
our veiled women do not pray at all; nor do they know of the other duties
of Islam any more than their names."
lack of participation in the spiritual life of the mosques,
Women's
which were also the centres of education and community life, forced them
to lead a life of serious cultural deprivation as well as absolute economic
As time passed, itwas taken for granted that women were
dependence.
unfit for public service or employment and therefore in no need of an
education.
The narrowing of the scope of theirmobility and duties relegated
to the role of simple domestics, uneducated and dependent
and socially on their menfolk.
Only the
psychologically, economically
the strictures of seclusion. Thus,
economic necessities of life weakened
all women
thefellahinand bedouinwomenwho did outdoorwork infieldsor villages
led freer lives than the middle and upper classes whose economic status
These women
never necessitated work or activity outside the home.20
set the norm and imprisoned themselves within a social ideal. The far
reaching effect of their example can be seen in the nostalgic image of the
ideal harem lady critically described by Aziza Hussein who believes that
is responsible for many ambivalent attitudes about women
this "ideal"
today.
to Mrs. Hussein,
According
.
.marriage
was
a matter
the harem
to be arranged
lady's
by the family.
As
a wife, her
passivityand submissiontoher husband's desires and whimswas thecriterion

of her success
....
Her
the primary
education,
beyond
of his own
future family ....

and the supernatural
grade, was
consi
while her
dered a waste of timeor even a dangerous risk to her femininity
was plain disgrace,as it indicatedthe incapacityof thehead of the
employment
familytofulfilhis basic functionas thefinancialproviderof thefamily . . . .
She usually doted her son at theexpense of her daughter,and thusprepared
him for his role as autocrat
functions
she often
resorted
to magic
devoid
of basic
to give
release
to her frustrationsand hermain concern in so doing was usually to find the

formula.
Once women's
. to keep
hold
place was
over her husband.21
traditionally understood
to be away from
WOMEN'S
RIGHTS
IN ISLAM
109
of life,her limited role within the family and the low status
in society that resulted was easily perpetuated for generations. The micro
cosm of her world was the extended family, a family structure predomi
nant for many centuries in Egypt. A closer look at the workings of the
themainstream
extended family provides us with an important illustration of the lives of

and women within the household and of the traditional attitudes
men
and females developed from their childhood.

And, since
the extended family naturally reflected the social customs of the times,
(women's seclusion, lack of education, etc.) an analysis of family customs
can also help to provide reasons for the gradual loss of women's rights and
toward males
responsibilities granted by the Qur'an.

extended family served as a very practical, self-sufficient
unit in an agrarian economy.
The household contained the
sons
or
unmarried
and
wife
his
wives,
father,
daughters and married sons
with their wives and children, all of whom had well-defined roles within
The
economic
the family structure. The role reserved for woman as childbearer and do
mestic was most appropriate to her seclusion and lack of education, but
in its very suitability it unwittingly served to limit her potential and to per
of women's
petuate her inferior status. Reflecting the disappearance
rights and responsibilities,
family embodies masculine
almost
every characteristic of the extended

supremacy and paternal power.
First of all, the family is patrilineal, i.e. it relies on male kinship.

This is explained in an Arab proverb in the following way:
"The people
rely in descent on the father and not on the mother; the mother is like a
vessel of oil that is emptied."22
Second, it is patriarchal since the oldest
male, as master of his immediate family and head of the extended family,
controls all family land and wealth.
Therefore, sons born to a family not
name
and strength. The
but also protect its wealth
only preserve its
The
role in the extended family centres around motherhood.
3
an
as
woman
for
been
has
defined
conception,"2
proper village
"envelope
and her prestige is heightened by the number of male children that she
mothers'
the son is born, themother's identity is fused with her name

is
thereafter
since she
called "mother of the first born son" or "Umm
bears.
Once
The preeminence of childbearing in a woman's

Nabil," for example.24
life can also be seen by the fact that when a woman reaches menopause,
The
this period of her lifehas been referred to as the "age of despair."25
extended family is thirdlypatrilocal, meaning thatmarried sons bring home

their new wives and expand the family with their future children. The
JOHN L. ESPOSITO
110
rather servile position of the young wife under her mother-in-law's autho
rity is considerably improved when she bears children, especially males.
On the other hand, childlessness or failure to bear a male child is often
considered grounds for divorce.26
Naturally, from a family's point of view, the birth of sons was a time
of great rejoicing since they determined the family's future growth and
power. The medieval woman's prayer has been "Sons, give me sons,"
while friends and relatives wish a man "Seven sons and seven pilgrimages,"
for as an old proverb says, "The boy is the tent peg of the house."27
in contrast, it is not difficult to understand the family's senti
However,
ments regarding the birth of a daughter, a time when "the threshold of a
house weeps for 40 days."28
Certainly, women's childbearing role was
important in a growing society in need of constant manpower, but

this role would be fulfilled only upon her marriage.
Therefore, another
most
family (i.e., the husband's kin) was destined to receive the benefits of
children the daughter would bear. And, until marriage, separated from
the social and intellectual benefits of the outside world, she was suited
psychologically and intellectually for littlemore than the role of house
hold
servant.
the other hand, her brothers, who would function as

financial providers, were naturally exposed to greater social, educational
and economic opportunities in order to develop their independence and
On
responsibility.
the great difference between the opportunities and life
to men and women, it is not surprising that women
available
experiences
who had lostmany of their rights and responsibilities never even attempted
Given
to claim them. During the period of women's low status, social customs
reflecting her passive, limited role were often at great variance with certain
principles of Islamic law. In the arrangement of her marriage, for example,
Islamic law specifies that the daughter and not her father receive the dower.
However, the sum commonly functioned as a "bride price" given to her
family. This situation, resembling practices in the pre-Islamic ba7 marriage,
is one illustration of the infiltration of pre-Islamic custom into common
practice. To the extent that this arrangement gained general acceptance,
the daughter, contrary to Qur'dnic intent, became the object rather than the
subject of the marriage agreement.
The marriage contract is considered in Islam to be a contract con
taining an offer and acceptance between two independent parties who had
WOMEN'S
attained puberty.
However,
RIGHTS
IN ISLAM
the economic
and
social
111
structure of the
ofmarriagesby thefathers
had lentitselfto thecontracting
extendedfamily
or grand-fathers of the spouses who were often very young children.

Furthermore, the contracts could not be repudiated by the children when
theyattainedpuberty(Hanafi law).
Control of the marriage arrangement exerted by the husband's

family came from the economic dependence of the boy on his father for
the dower and his need for his family's approval of the girl he intended
to bringhome to livewith them. The bride's familyalso naturallyhad
full control over her marriage choice since girls, secluded within the family
and married very young, lacked the discrimination as well as the oppor
tunity to meet eligible men by themselves. And, although the daughter
could by law reject the arranged marriage in certain situations, this "dis
obedience" would have caused great difficulties with her relatives.29
family's handling of a daughter's inheritance rights also re
flects social custom. As we have seen, the Qur'dn included wife, mother
and daughters among the primary heirs of the deceased who were entitled
The
to fixed shares.
However, given the social structure of the extended

family , awarding married daughters their rightful share of money or land
was often viewed as transferring family wealth to an alien family. Thus
this law, viewed as contrary to the existing social structure, was often
ignored or circumvented through waqf or religious endowment. Although
the waqf has a noble raison d'etre, itwas also un-fortunately used in the
past to avoid awarding a woman her inheritance rights. Through waqf

a family could specify exactly who
should receive income from certain
a
some
As
founders of waqf had denied their
result,
family possessions.
daughters any share in income and others had specified that aftermarriage
the daughter relinquishes her share.
After marriage, the low position of women in the family and society
was well-illustrated by the accepted practices of divorce. The stringent
control of the daughter's life by her father was transferred to the husband
when daughter became wife. Many factors seem to have contributed to
the very unequal status of husband and wife. First of all, the high status
given themale fromthe timeof his birthas well as thebroaderoppor
tunities for social and intellectual development place him above the female
A great difference in maturity and experience between
was
also due to the fact that daughters were married very
husband and wife
young to husbands who were somewhat older, probably more educated
from childhood.
JOHN L. ESPOSITO
112
and certainly more worldly-wise. Naturally, considering the circumstances

husbands would play a dominant role in the relationship from the very be
ginning. Reflecting the above circumstances, as well as a strongly patriar
chal society, divorce was left almost solely to the husband's discretion.
In fact, the privileges of divorce granted to themale (most notably exem

plified in the sinful but legal falaq al-bid'dp* serve as one of themost strik
ing examples of the influence of social custom on Islamic law. In con
trast, the influence of custom has also shown its strength in themore limited
rights of divorce available to the wife, despite the Qur'dnic prescription
which says "And women shall have rights similar to the rights against them,
In addition, because
according to what is equitable." (Qur'an: II, 228).
of the social situation, wives who were very socially and economically
on the basis of these rights.
dependent seldom initiated divorces even
Another noteworthy example of the husband's control over his wife

which made itsway into accepted legal practices is known as the Bayt-al
td'a (house of obedience) which is still operative in Egypt today.31 With
theBayt al-ta'a ifa wife leaves her husband's house without his permission,
he may call upon the police to forcibly bring her back and may even im
prison her until she becomes more obedient.
authority in law also extends to such matters as cus
tody of the children. Although the mother's exclusive role in the tradi
tional extended family centres around the bearing and rearing of children,
The husband's
their father, after divorce, always received custody of boys at seven and
The
girls at nine because he is cnosidered to be their legal guardian.
facilitated such an arrangement since
extended family structure also
many women (grandmothers, aunts, etc.) would be available in the hus

band's house to care for the children. Of course, the father is also the chil
dren's legal maintainer
and this role helps to justify his rights in law.
The financial responsibilities of themales in traditional society and

their central role as family supporters serve as an important factor for
understanding the legal powers granted to them. As has been mentioned,
men are subject to very extensive financial responsibilities both for their
nuclear family and formany extended family members, especially females.
could always expect maintenance from their closest male relatives.
Of course, along with such heavy responsibilities came considerable
east and west, was
prestige and such prestige in traditional societies,
This attitude is reflected inMuslim family
strictly reserved for themales.
law in theHanafI requirement that a man maintain his wife regardless of
Women
WOMEN'S
IN ISLAM
RIGHTS
113
This unqualified obligation also resulted in

her own personal wealth.
social
sanctions
strong
against a wage-earning woman who would dis
theirinabilityto fulfilltheirtraditionalrole.
gracehermenfolkby implying
Conclusion
status in
picture that emerges from an analysis of women's
is a multifaceted one. The implementation of Qur'anic reforms
markedly improved her position in the family and society in the classical
The
Islam
period. However, subsequent historical events as well as assimilated

tural influences at times seriously compromised her rights.
cul
NOTES
1. Unless otherwise specified,all Qur'antc referencesarc fromTheHoly Qur'an (Text,
Translation and Commentary),Ed. Abdullah Yusuf Ali, (Beirut:Dar al-*Arabia,
1968).
2.
W.
Robertson
Smith, Kinship
and Marriage
in Early
Arabia,
(Boston:
Beacon
Press,
1903), p. 87. (The term"beend" is used inCeylon to describemarriages inwhich

thehusband goes to settle inhis wife's village. Smith, followingJ.F.McLennan,
has extended theuse of the termto similarmarriages inother lands.)
3. W.R.
Smith, Op.
4.
Ibid.,
p.
5.
Lamia
Gustave
cit.9 pp.
76-100.
128.
"Women's
al-Faruqi,
and
Rights
theMuslim
Woman,"
Islam
Age, Vol. Ill, No. 2, (May, 1972), 79.

6. AbO Dawud, Sunan (Kanpur: Matba* Majidi, 1346A.H.) I: 296.
E. von Grunebaum,
Medieval
Islam
(Chicago:
1946), p. 174.
8.
9.
University
and theModern
of Chicago
Press,
Ignaz Goldziher, Muslim Studies, II (London: George Allen and Unwin,
1971),
p. 274.
Margaret
H.A.R.
Gibb,
Cf.
463.
Smith,
also
"Rabi'a
al-'Adawiya*
(Ithaca, New
by the same author,
et. al
York:
Rdbt'a
"Shorter
Encyclopedia
Cornell
University
theMystic
and Her
of Islam.
Press,
Edited
1965),
Fellow-Saints
pp.
by
462
in Islam
(Cambridge: Cambridge UniversityPress, 1928), pp. 19, 47.

10. Nejla Izzeddin, The Arab World, (Chicago: Henry RegneryCo., 1953), p. 300.
[An annotated Urdu translationof thisbook by lateDr. Maljmud IJusayn,Vice
ChancsllerKarachi University,was published under the title 'ArabDunyd (Lahore:
Maktaba-e-Jadid: 1960).Editor]
11.
Ibid.,
p.
367.
12. Ibn al-Athir,Al-Kamil, (Cairo, 1290A.H.), X, p. 26.

13. Izzeddin, p. 302.
14. Muhammad M. Pickthall,CulturalSide of Islam (Lahore: Sh. Muhammad Ashraf,
1966), pp. 146-147.
114
JOHN L. ESPOSITO
15. Pickthall, p. 147. Cf. also R. Levy, The Social Structureof Islam, (Cambridge:
CambridgeUniversityPress, 1955), p. 127.
16. Al-Tabari, Tafsir Jam? al-Bayan (Cairo: Bulaq, 1328A.H.), part 22, p. 33.
17. Tafsir al-Qa&l al-Baydawi,Vol. II (Istambul:Uthmaniya, 1314A.H.), p. 138.
18. Gabriel Baer, Population and Society in theArab East (London: Routledge and
KeganPaul, 1963),p. 42.
19. Mubammad al-Ghazzali, Our Beginning inWisdom, trans,by Isma'il R. al-Faruqi
(Washington:American Council of Learned Societies, 1953), p. 111.
20. Raphael Patai, Society .Cultureand Change in the
Middle East (Philadelphia: Uni
versityof PennsylvaniaPress, 1969), p. 120.
21. Aziza Hussein, "The Family as a Social Unit ? Responsibilities ofHusband and
Wife" (Unpublished article,Cairo: Social Research Center,American University
inCairo, 1967)' pp. 7-8.
22.
Patai,
p. 86.
23. Hamad Ammar,GrowingUp inan Egyptian Village. (London: Routledge andKegan

Paul,
1966),p.
94.
24. Laila ShukryEl-Hamamsy, "Belief Systemsand Family Planning in Peasant Socie

ties," (paper delivered at theConference on Technological Change and Population
Growth, California Instituteof Technology,May 6-8, 1970), p. 24.
25.
26.
J.N.D.
"Recent
Anderson,
41, (1951) 194.

El-Hamamsy,
Development
in Shariah
Law,"
Muslim
World,
Vol.
p. 24.
27. Dorothy F. Beck, "The ChangingMoslem Family of theMiddle East," Marriage

and Family Living,XIX, No. 4. (November 1957), pp. 343-344.
28. Ibid.
29.
Lamia
al-Faruqi,
p. 87.
30. Talaq al-btd'a refersto those formsof divorcewhich ignoretheprescribedwaiting

period (U'dda) and are immediately irrevocable. Thus, through the husband's
simple pronouncementof "I divorce you three times," a wife may be legallydi
vorced. Though "disapproved", such formsarc neverthelessvalid in law.
31. AUAhram, June 7, 1971.

Women&#39;s Rights in Islam

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Women&#39;s Rights in Islam

Uploaded by

Copyright:

Available Formats

WOMEN'S RIGHTS IN ISLAM

Author(s): JOHN L. ESPOSITO