Islam, Women and Gender PDF

Islam, Women and Gender How does Islam arrive at this question of Equality ? Does Islam treat them equally ? What is the western secular definition of equality? Are Men Guardians over women? Inheritance AND testimony issues Are men allowed to BEAT their wives in Islam? Equality: Are Men and Women E...

Islam, Women and Gender How does Islam arrive at this question of Equality ? Does Islam treat them equally ? What is the western secular definition of equality? Are Men Guardians over women? Inheritance AND testimony issues Are men allowed to BEAT their wives in Islam? Equality: Are Men and Women Equal? Men Superior? Women Inferior? How does Islam arrive at this question of Equality ? In Islam the two most imp things are: Knowledge : Tafsir/Hadith/Fiqh/Arabic/History/etc Spirituality : Taqwa/Jannah/Akhirah According to Islamic religion, men and women are completely equal in these two things only. Spiritual Potential: ‫ُه‬ ‫َث‬ ‫ن‬‫ُأ‬ ‫َأ‬ ‫َك‬‫َذ‬ ‫ن‬ ‫ا‬ ‫ِل‬ ‫ا‬ ‫َل‬ ‫َع‬ ‫ٍر ْو ٰى َو َو‬ ‫ِّم‬ ‫ًح‬ ‫َص‬ ‫ِم‬ ‫َمْن‬ ‫َّن‬ ‫َن‬‫َل‬ ۖ ‫ِّيَب َو ْج ِزَي ُهْم‬ ‫ًة‬ ‫َط‬ ‫ًة‬ ‫ا‬ ‫َّن‬ ‫ُن‬‫َل‬ ‫ُمْؤِمٌن َف َأ ْح ِيَي ُه َحَي‬ ‫ُل‬ ‫َك‬ ‫َأ‬ ‫ْج َر ُهم ِب ْح َس ِن َما اُنوا َيْعَم وَن‬ Whoever does righteousness, whether male or female, while he is a believer - We will surely cause him to live a good life, and We will surely give them their reward [in the Hereafter] according to the best of what they used to do. (16:97) Spiritual Potential: ‫َأ‬ ‫ َواْلُمْؤِمُنوَن َواْلُمْؤِمَناُت َبْعُضُهْم ْوِلَياُء‬ ‫ْل‬ ‫ْأ‬ ‫َبْعٍض ۚ َي ُمُر وَن ِبا َمْعُر وِف َوَيْنَهْوَن َعِن‬ ‫اْلُمنَكِر َوُيِقيُموَن الَّصاَل َة َوُيْؤُتوَن الَّز َكاَة‬ ‫َك‬ ‫َٰل‬ ‫و‬‫ُأ‬ ۚ ‫َل‬ ‫َّل‬ ‫َح‬ ‫َس ْر ُمُهُم‬‫َي‬ ‫ِئ‬ ‫َوُيِطيُعوَن ال َه َوَر ُس ُه‬ ‫و‬ ‫ٌم‬ ‫ي‬‫ِك‬ ‫َح‬ ‫ٌز‬ ‫ي‬ ‫َع‬ ‫َه ِز‬ ‫َّل‬ ‫ال‬ ‫َّن‬ ‫َّل‬ ‫ال ُه ِإ‬ ۗ The believing men and believing women are allies of one another. They enjoin what is right and forbid what is wrong and establish prayer and give zakah and obey Allah and His Messenger. Those - Allah will have mercy upon them. Indeed, Allah is Exalted in Might and Wise. Spiritual Potential: ‫ ِإَّن اْلُمْس ِلِميَن َواْلُمْس ِلَماِت َواْلُمْؤِمِنيَن َواْلُمْؤِمَناِت‬ ‫َواْلَقاِنِتيَن َواْلَقاِنَتاِت َوالَّصاِدِقيَن َوالَّصاِدَقاِت‬ ‫َوالَّصاِبِريَن َوالَّصاِبَر اِت َواْلَخ اِش ِعيَن َواْلَخ اِش َعاِت‬ ‫َواْلُمَتَصِّدِقيَن َواْلُمَتَصِّدَقاِت َوالَّصاِئِميَن َوالَّصاِئَماِت‬ ‫َواْلَح اِفِظيَن ُفُر وَجَأُهْم َواْلَح اِفَظاِت َوالَّذاِكَأِريَن الَّلَه‬ ‫َكِثيًر ا َوالَّذاِكَر اِت َعَّد الَّلُه َلُهم َّمْغِفَر ًة َو ْج ًر ا َعِظيًما‬ Indeed, the Muslim men and Muslim women, the believing men and believing women, the obedient men and obedient women, the truthful men and truthful women, the patient men and patient women, the humble men and humble women, the charitable men and charitable women, the fasting men and fasting women, the men who guard their private parts and the women who do so, and the men who remember Allah often and the women who do so - for them Allah has prepared forgiveness and a great reward. (33:35) Spiritual Potential: The Merits of Amma Khadija (ra) Abu Huraira reported that Gabriel came to Allah's Apostle (may peace be upon him) and said: Allah's Messenger, lo. Khadija is coming to you with a vessel of seasoned food or drink. When she comes to you, offer her greetings from her Lord, the Exalted and Glorious, and on my behalf and give her glad tidings of a palace of jewels in Paradise wherein there is no noise and no toil. This hadith has been narrated on the authority of Abu Huraira through another chain of transmitters with a slight variation of wording. (Muslim, 5967) Does Islam treat them equally ? Timothy Winter says, “ In Islam, men & women can never be equal to each other. This is because they are mutually superior to one another” This is because Allah swt has assigned different roles to both men & women. Hadith about afzaliyat of women First hadith, “jannah lies under the feet of the mother”. We don’t argue that why fathers aren’t that important? There doesn’t have to be symmetry. Second hadith… Mother, mother, mother and then fourth place is father. Third hadith: “A person who raises two daughters will be like this with me in Jannah”. Where is the hadith of two sons ? Its not there because the fazeelat of raising two sons is not as much. Hadith about afzaliyat of men The Prophet sw said, : The best of you is he who best treats his wife” The hadith doesn’t talk about any such merit for a wife towards her husband. Buddhism According to Gautama Buddha, the founder of Buddhism, a woman can attain enlightenment, it is also clearly stated in the Bahudhātuka-sutta that there could never be a female Buddha. Digambara Jains believe that women are capable of spiritual progress but must be reborn male in order to attain final spiritual liberation Buddhism says that only men can attain there Ghana with a Buddhist spirit and in order to become a monk, not only can u not marry, even if u touch a woman accidently, it will spiritually defile you. (A Dictionary of Buddhism, Oxford University Press US. 2003. p. 174. ) Hinduism: Sati Sati (as verb) is the act of immolation of a woman on her husband's funeral pyre. Sati (as noun) refers to one who either immolated herself willingly or through societal inducement and compulsion. Sati was ideally performed as an act of immortal love, and was believed to purge the couple of all accumulated sin. Sati is considered highly meritorious in several instances. According to Hinduism, She is considered spiritually impure. A woman cannot become Brahim, guru or yogi. Christianity According to Christianity, woman is an inferior being.A woman cannot become a Pope, Cardinal, Arch Bishop or Bishop A woman is impure and an obstruction in the spiritual development. A man cannot marry her Islam: Women are aides to spirituality ‫َأ‬ ‫ُك‬ ‫َأ‬ ‫ُك‬‫َل‬ ‫َل‬ ‫َأ‬ ‫ َوِمْن آَياِتِه ْن َخ َق م ِّمْن نُفِس ْم ْز َواًج ا‬ ۚ ‫ًة‬ ‫ًة‬ ‫َّمَوَّد َوَر ْح َم ِإَّن‬ ‫م‬ ‫ُك‬ ‫َن‬ ‫َل‬ ‫ا‬ ‫ِإ ْيَه َوَجَع َبْي‬‫َل‬ ‫وا‬‫ُن‬‫ُك‬ ‫ْس‬‫َت‬‫ِّل‬ ‫ِفي َٰذِلَك آَل َياٍت ِّلَقْوٍم َيَتَفَّكُر وَن‬ And of His signs is that He created for you from yourselves mates that you may find tranquility in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought. (30:21) Islam: Women are aides to spirituality ‫ النکاُح ِمن سّنتی‬ “Nikah is from my Sunnah” (Ibn Majah) ‫ اذا تزوَج العبُد فقد استکمَل نصُف الدین‬ “When a servant gets married, he completes half of his Deen” ‫ النکاُح نصُف االیمان‬ Islam: Women are aides to spirituality The Prophet (saw) is reported to have said "The world, the whole of it, is a commodity and the best of the commodities of the world is a virtuous wife.“ What is the western secular definition of equality? The West looks at it from a different way :They look at dress, role in public society, etc. So they will look at issues like can a woman be a soldier or a construction worker? Are Men Guardians over women? ‫ُه‬‫َّل‬‫ٱل‬ ‫َل‬ ‫َّض‬‫َف‬ ‫ا‬ ‫ِبَم‬ ‫ٓاِء‬ ‫َس‬‫ِّن‬‫ٱل‬ ‫ى‬‫َل‬‫ ٱلِّر َج اُل َقَّوٲُموَن َع‬ )4:34(‌ۚ‫َوِلِهۡم‬ ‫َأ‬ ‫ٍ۬ض ۡنۡم‬ ‫ْا‬ ‫َأ‬ ‫َبۡعَضُهۡم َعَلٰى َبۡع‬ ‫َوِبَمٓا نَفُقو ِم‬ “Men are in charge of women, because of that which Allah has favored one over the other (i.e. men over women) and because of which that they have their duty to earn and spend over their family.” This is not a privilege; it’s a responsibility! (continued…) Modern management says that every unit needs a manager: So for the house, the man is the manager. But this doesn’t mean that you have to be a cruel manager, a dictatorial manager or a harsh manager. The leadership model of Islam is that an ameer is a khaadim and a servant of people and is a person who keeps the best interest of the people and takes mashwara (shura) and listens to everyone. Inheritance: Do women ALWAYS get half as much as men? ‫ ُيوِصيُكُم الَّلُه ِفي َأْواَل ِدُكْم ۖ ِللَّذَكِر ِمْثُل َح ِّظ اُأْلنَثَيْيِن ۚ َفِإن ُكَّن ِنَس اًء‬ ۚ ‫َفْوَق اْثَنَتْيِن َفَلُهَّن ُثُلَثا َما َتَر َك ۖ َوِإن َكاَنْت َواِح َدًة َفَلَها الِّنْصُف‬ ‫َوَأِلَبَوْيِه ِلُكِّل َواِح ٍد ِّمْنُهَما الُّس ُدُس ِمَّما َتَر َك ِإن َكاَن َلُه َوَلٌدۚ َفِإن‬ ‫َأ‬ ‫َّلْم َيُكن َّلُه َوَلٌد َوَوِرَثُه َبَواُه َفُأِلِّمِه الُّثُلُث ۚ َفِإن َكاَن َلُه ِإْخ َوٌة َفُأِلِّمِه‬ ‫الُّس ُدُس ۚ ِمن َبْعِد َوِصَّيٍة ُيوِصي ِبَها َأْو َدْي ۗ آَباُؤُكْم َوَأْبَناُؤُكْم اَل‬ ‫ٍن‬ ‫َتْدُر وَن َأُّيُهْم َأْقَر ُب َلُكْم َنْفًعاۚ َفِريَضًة ِّمَن الَّلِهۗ ِإَّن الَّلَه َكاَن َعِليًما‬ ‫َح ِكيًما‬ Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise. Man/Woman dies, leaves behind inheritors Father and/or Mother Husband or Wife Son and/or Daughter Brother and/or Sister Three Types of Cases: A woman gets half as much as a man A man and a woman get equal shares A woman gets twice as much as a man Case 1: A woman gets half as much as a man E.g. Daughter gets ½ as much as a son. WHY ? Quran looks at what stage men & women are at their life and what type of expenses they will be incurring. Boy – gets married then he has to pay Mehr. Support his wife Support his children Girl - unmarried then she is being supported by parents Marriage- gets mehr Gets husband support Older age: kids will support her Case 2: When a Man and Woman get Equal Shares E.g. When a man/woman die and leave behind: – Parents- Mother and Father – Children If the deceased leaves behind children- Both mother and father get equal shares: one third of inheritance Case 3: When a woman gets twice as much as a man: E.g. When a man/woman die and leave behind: – Parents- Mother and Father – No Children If the deceased leaves behind no children- – Mother gets: one third of inheritance – Father gets: one sixth of inheritance NOTE: Parents can still give their sons and daughters equal amounts by gifting them money in their lifetime The testimony of a woman ‫َواْس َتْش ِهُدوا َش ِهيَدْيِن ِمن ِّر َج اِلُكْم ۖ َفِإن‬ ‫َأ‬ ‫َّلْم َيُكوَنا َر ُج َلْيِن َفَر ُج ٌل َواْمَر َتاِن ِمَّمن‬ ‫َأ‬ ‫َتْر َضْوَن ِمَن الُّش َهَداِء ن َتِضَّل ِإْحَداُهَما‬ ‫ُأْل‬ ‫ِّك‬ ‫َرٰى‬ ‫ْخ‬ ‫ا‬ ‫ا‬ ‫َفُتَذ َر ِإْحَد َم‬ ‫ُه‬ ‫ا‬ And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses - so that if one of the women errs, then the other can remind her. Four types of cases A woman’s testimony is half A woman’s testimony is equal A man’s testimony doesn’t count Only a man can testify Case 1: A woman’s testimony is half to that of a man E.g. Monetary transactions: If there is a dispute, one should go to the court. Either there should be 2 men or 1 man and 2 women. There is no aqli reason for this. They will say that women sometimes have menstrual periods, they might get emotional creatures and thus you should not take their testimony. So we would say that ok, why not wait six days. And if this was the case, why do you take their testimony in the case of hadith. So women’s being emotional isn’t a strong reason! (continued…) Other reasons: Monetary issues are extremely intense amongst people. People get extremely agitated. Since there is intimidation, threat, etc, so Allah swt does not put women in the front line. Is this really a sha’an of the women that you want to testify for someone. This is just the Duniya and something of dharurat. One might ask now that why not only 2 women? Money issues can get extremely dirty. So we want a man to take the lead. He has to get up and look the other in the eye and settle the issue for once! Case 2: A woman’s testimony is equal to that of a man Loan Will Hadith transmission Case 3: Only women can testify Menstruation Wet nursing Child birth: In Muslim countries, usually only women are present at the time of a birth; whether they are the mid-wife, doctor etc. In some cases only one woman may be present. There are serious legal implications in inheritance as to whether the baby is still-born, lives, or breathes (is alive) and then dies almost immediately. Yet, if only one woman is present at such times, her testimony is taken as valid. Case 4: Only men can testify Matter of Qisaas* *Qisas is one of several forms of punishment in Islamic Law. In the case of murder, Qisas means the right of a murder victim's nearest legal guardian to (if the court approves) take the life of the killer. Those who are entitled to Qisas have the option of receiving monetary compensation or granting pardon to the perpetrator instead. Are men allowed to BEAT their wives in Islam? ‫َوٱَّلٰـِتى َتَخ اُفوَن ُنُش وَز ُهَّن َفِعُظوُهَّن َوۡهُج ُر وُهَّن‬ ‫ِفى ۡلَمَضاِج َوۡضِرُبوُهَّنۖ‌ َف ۡن َأَطۡعَنُڪۡم َفاَل‬ ‫ِإ‬ ‫ِع‬ ‫َتۡبُغوْا َعَلۡيَّن َس ِبيًالًا ِإَّن ۗ‌لَّلَه َكاَن َعِلًّ۬يا َڪِبيً۬ر ا‬ As for those from whom ye fear rebellion, admonish them and banish them to beds apart, and scourge them. Then if they obey you, seek not a way against them. Lo! Allah is ever High, Exalted, Great. (4:34) Four ways of reconciliation mentioned in the Qur’an/Hadith ▪ Admonish them ▪ Separate beds ▪ Call two arbitrators ▪ ‘Beat’ them The purpose of the above is RECONCILIATION. But if nothing works out then last resort is DIVORCE and it is the most disliked of all permissible things (As per a hadith) ▪ Hadith: “A person who divorces with no reason is inviting the wrath of Allah swt. Shaytan becomes very happy when a man divorces his wife. (Kanzul A’maal) ▪ Sayyidina Ali (ra) has narrated that the Messenger of Allah (saw) said: “Marry and do not divorce because divorce causes the Throne of the All- Merciful to shudder” ▪ Sayyidna Abu Musa Ash’ari (ra) narrates that the Messenger of Allah (saw) said: Do not divorce women without their committing the evil act, because Allah does not love men who merely wish to experience the taste of sex, nor does He love women who merely wish to experience the taste of The teachings of the Prophet (saw) ▪ “Do not beat the handmaidens of Allah (swt)” (Muslim & Abu Dawud) ▪ “The most perfect of believers in faith are those who are the finest in manners and most gentle toward their wives.” ▪ The Prophet (saw) never hit his wives ▪ It is haram to beat one’s wife out of anger