Women in Islam and Muslim Society

By Dr. Hassan Turabi

Dr Hassan al-Turabi, based in Sudan, is one of the leading scholar of Islam. Equiped with traditional Islamic education from Sudan and a Ph.D from Sorbonne, he is among the unique few leaders-scholars of the Muslim world. He has served Sudan as Speaker of the parliament, Attorney General, Minister of Justice, Minister of Foreign Affairs, and Deputy Prime Minister. Dr Turabi wrote his booklet in Arabic in 1973. We are republishing this here with his permission.

SOURCES USED

1) Tafseer Ibn-Katheer
2) Tafseer Al-Tabari
3) Fath Al-Bari, By Ibn-Hajar Al-Asqalani Commentary on Sahih Al-Bukari
4) Al Jami Al Saheeh By Al-Tirmidhee
5) Saheeh Muslim
6) Sunan Abu Dawoud
7) Sunan Ibn-Maja
8) Al Isabah Fi Tamyeez Al Sahabah By Ibn-Hajar
9) Tabaqat By Ibn-Saad
10) Tareekh By Tabari
11) Sunan By Al Nisai

Women in Islam: The Verdict of Faith (Chapter 1)

In the religion of Islam, a woman is an independent entity, and thus a fully responsible human being. Islam addresses her directly and does not approach her through the agency of Muslim males. A woman would assume full capacity and liability once she has attained maturity and has received the message of Islam.
Moreover no woman is said to have truly accepted the message of Islam unless she does so out of original and independent will. Admission to faith is entirely a personal matter; indeed, faith cannot be adopted by proxy. Nor does a woman become a Muslim merely because of her relationship to father, husband or any other male. All Muslims used to present their oath of allegiance to the Prophet Muhammed (peace be upon him) personally and independently. Women, just like men, would come to the Prophet (peace be upon him) and pledge their own allegiance to Islam and the Prophet.
God Almighty commanded the Prophet (peace be upon him) in the following words: "O Prophet! when women believers come to you to make a covenant with you that they will not associate anything with God, nor steal, nor fornicate, nor kill their own children, nor slander anyone, nor disobey you in any fair matter, then make a covenant with them and seek God's forgiveness in their favour. Indeed God is extremely Forgiving and most Merciful". (Al-Mumtainah, 12).
Male and female relatives may assume different stands over the religious option. For instance, a woman like Fatima the daughter of Al Khattab, embraced Islam although her brother Umar was still an unbeliever. Ibn Abbas is reported to have asked Umar about the manner in which he embraced Islam. Umar said, "three days after Hamza had embraced Islam, I went out of my house, to meet by chance a man of the Makhzumi tribe whom I asked: "Do you prefer Muhammad's faith over that of your own forefathers?" The Makhzumi said: "One who is more closely related to you than myself has also done so". I asked him, who it was. Your sister and your brother-in-law, replied the Makhzumi. I hurried back and found the door of my sister's house bolted from within; and I heard some humming inside. Later, when the door was opened, I entered the house and asked: What is it that I am hearing? My sister replied: "You heard nothing". We were exchanging words when I struck her on the head, whereupon she stated defiantly: "We do that whether you like it or not". I was filled with remorse when I saw her bleeding, and said to her: "Show me the scripture". Umar narrated the whole incident. (Al-Isabah Fi Tamyeez Al Sahaba, by Ibn-Hajar Al Asqalani, hereafter cited as Al-Isabah).
Similarly a woman, like Umm-Habiba, the daughter of Abu Sufiyan, embraced Islam, though her father was still a pagan. When Sufiyan went to Madina, he visited his daughter, Umm-habiba, then wife of the Prophet Muhammad (peace be upon him). He was about to sit on the Prophet's bed but his daughter did not allow him to do so and rolled up the mattress. Abu Sufiyan, who felt grieved at her attitude, said to her, "Was it that the mattress is not worthy of me or that I am not worthy thereof"? Umm-Habiba curtly replied to her father, Abu Sufiyan, "But this is the Prophet's mattress, and you are an impure polytheist, I did not want you to sit on it." When he heard that, Abu Sufiyan felt annoyed and reprimanded her, "During my absence something has gone wrong with you." (Tabagat, Ibn-i-Saad).
A Muslim woman might have a husband who was still an atheist. Take, for instance, Zainab, the daughter of the Prophet himself (peace be upon him). She was married to her maternal cousin Abu Al-A's bin Al Rabee. She entered the fold of Islam though her husband held on to his original religion. In the battle of Badr, he fell prisoner of war. Zainab, however, offered a ransom for his release. He was, therefore, allowed to go free on the engagement that on his return he would let her free. Consequently, when he returned to Mecca, Zainab migrated to Madina. Her husband, Abu Al-A's, however, once again fell in the hands of Muslims as a prisoner of war. On this occasion Zainab provided him with asylum, and took him under her own protection. He finally returned to Mecca to settle his business and then embraced Islam.
Umm-Saleem bint Mahan was another such lady. She married Malik bin Al Nadir before the advent of Islam but was among the earliest converts to Islam. Her husband, Malik disapproved of that rather furiously and went to Syria to die there. (Al-Isabah)
Umm-Hani bint Abi Talib was married to Hubairah bin Amr. She was the daughter of the Prophet's uncle, Abu Talib, and embraced Islam on the occasion of the conquest of Mecca. This change of religion separated her from her husband, Hubairah, who fled to Najran. (Al-Isabah)
Hawa bint Yazeed was yet andther woman who acceded to Islam and patiently endured distress and torture at the hands of her husband, Qays bin Al Hateem, who was also a well-known poet. The Prophet (peace be upon him) happened to meet him in the market (Souq dhi'l-Majaz) and asked him to embrace Islam. He claimed that since he was too busy with war, he had little time to consider the proposal. The Prophet (peace be upon him) said to him, "I have been told that you are not treating your wife, Hawa, nicely ever since she renounced your religion. So fear God and in this matter keep me too in regard, don't bother her." He promised to oblige; then went to his wife and said to her, "O Hawa, I met your fellow Muhammad, who asked me to bear him in mind in matters concerning you. I swear by God I shall do so, I would leave you alone and do you no harm." She, then, declared her faith which she had so far kept secret. People talked to him about the matter, but he refused to do her any wrong. (Tabqat).
Another woman, Umm-kulthoom bint Ugba bin Abi Mait embraced Islam, though her whole family were still holding on to their original polytheistic religion. She migrated to Madina. Ibn Ishaq, a well-known historian, said that Umm-kulthoom migrated to the Prophet at Madina while the peace settlement of Hudaibia was still operative. In fact she was the first lady to follow the Prophet (peace be upon him) to Madina. She left Mecca unaccompanied by any one. Her brothers, Amara and al Waleed went to the Prophet (peace be upon him) and asked him for her repatriation as provided in the agreement between the Prophet and Quraish at Hudiabiya. But the Prophet refused to extend the terms of the agreement to women. (Tabqat).
A woman could singly adopt Islam and suffer from torture for that. Harithah bint Al Muammil, the sister of Umm-Ubais who was known as Zunairah Al Romiyah, was a slave girl. She was among the earliest believers in Islam and was one of those women who were tortured for their faith. Abu Jahal used to beat her severely; so did Umar before he embraced Islam. After embracing Islam the poor woman suffered so much torture that she lost her sight. The Meccan polytheists used that misfortune as an excuse for stigmatizing her for embracing Islam. They, used to say, "al Lat and Al Uzza (two deities which the Meccans used to worship in the holy Kaba) have rendered you blind". But she would always say, "They are lying, by the truth of God these idols bring no benefit nor harm." She ultimately recovered her sight.
Sumayah bint Khubat, a martyr, was the mother of Ammar bin Yasir, and was the seventh person to embrace Islam. The Al Mughira clan used to torture her. People used to pass by and witness her being tortured by the side of her son and husband in the hot sands of Mecca. The Prophet (peace be upon him) would console her by saying, "O the Yasirs, bear this suffering patiently, for God has given you the promise of heaven". She was aged, and weak too. Abu Jahl was also among those who used to torture her. She succumbed to the excessive torture and died to become the first person ever to suffer martyrdom in Islam. (Al Isabah)
Umm-habibah, the daughter of Abu Sufiyan was a lady who in exile firmly held on to Islam while her husband had converted to Christianity. Her husband Ubaid-ullah bin Jahash migrated to Abyssinia, along with his wife to escape persecution for their Islam. But there he renounced Islam and adopted Christianity, the religion of the Abyssinians. He tried to persuade her to do the same, but she steadfastly held on to Islam on top of all the suffering which as an exile she had to bear. (Tareekh Al Tabari)
Muslim women, on the strength of their unshakable personal faith, used to work for the propagation of Islam. many of them helped to promote the cause of Islam within their respective family circles, through discussion and debate. Arwa bint Abdul Muttalib was one such lady who used to support the Prophet (peace be upon him) and to argue in his favour. She always urged her son to help the Prophet (peace be upon him) and to do whatever he asked him to do. Another such lady was Um Shuraik who used to move secretly among the ladies of Quraish to solicit and convert them to Islam. She had converted many before she was exposed. The people of Mecca warned her that she would have suffered but for her kin. (Al Isabah)
Among Muslim ladies were some who invited their suitors to embrace Islam and made that a precondition for marriage. Umm-Saleem was one such lady. She said to Abu Talha, who asked her hand in marriage, "By God one like you can not be rejected, but you are a polytheist and I am a Muslim Woman. It is not at all lawful for me to marry you. If you embrace Islam, I would take that as my dowry from you". Anas bin Malik is reported to have said that Abu Talha had proposed to Umm-Saleem before embracing Islam. So she said to him, "Abu Talha don't you know that the God you worship grew from the earth"? Abu Talha replied, "Yes, indeed". She would then say: "Don't you feel ashamed to worship them? but if you embrace Islam I won't ask you anything else in dowry". Abu Talha asked her to wait till he looked into the matter, and went away. Later he returned and proclaimed, "There is no deity but God and Mohammad is his messenger". Thereupon Umm-Saleem cried out, "O Annas arrange the marriage of Abu Talha". And he married her. (Al Isabah)
If embracing Islam by a woman is an entirely personal matter in the Islamic tradition and can not be done through proxy, so are all obligations and duties which Islam enjoins on her. No one else can do them on her behalf. She performs her acts of worship purely on the basis of her own intention; and as such these are treated in Islam as her personal achievements. For God has proclaimed, "I do not allow the achievement of a worker, from amongst you, whether he be male or female, to go to waste. You all belong to one another". (Al-Imran 195). "A male or female, who is a believer and performs good deeds, we shall give him a goodly life. And ultimately a fine reward for what they had been doing". (Al Nahal 97)
On the basis of her own action, a woman earns reward or punishment. No man is allowed to plead or intercede for a woman, nor is he held responsible for her actions and their consequences. The doctrine of ultimate accountability does not take the family as a unit for collective responsibility; rather, each individual male or female, is an autonomous unit of reckoning in front of God, and is held directly responsible for his or her actions or his or her share in joint acts. "For, on the Day of Judgement, every one of them will come to Him singly". (Maryam, 96)
The judgement in the hereafter may not necessarily bracket husband and wife together; neither could relieve the other of his charge or appropriate his due. Nor will a believer be treated unfairly merely for his sex. God treats all mankind on an equal basis. "The Day a man will run away from his own brother, his own father, his own wife and his children. On that day every one will be in a state which will engross him completely". (Abasa, [35-38])
The individuality of a woman is a principle of religion, "For the disbelievers, God gave the example of Noah's wife and Lot's wife. Both of them were under two of our righteous bondmen. Both acted disloyally towards them, but (their esteemed husbands) could in no way protect them from God. And both were commanded to enter the fire (of hell) along with all others following the same course. And for those who believed, God gave the example of Pharaoh's wife, when she prayed: "O Lord, put up for me a home in heaven, and save me from the Pharaoh and his practices and save me from the transgressing people". And Mary the daughter of Imran who guarded her chastity, wherein we breathed of our Spirit. And she attested to the commandments of her Lord as well as his scriptures, and was one of the truly devout. (Al Tahreem, 10-12)

Women in Islam: The Verdict of Jurisprudence (Chapter 2)

The verdict of Islamic jurisprudence is just the practical expression of the dictates of the faith. Women, according to Sharia, are counterparts of men. And in Islamic jurisprudence, there is no separate order of regulations for them. There are, however, few limited secondary regulations where a distinction is drawn between the two sexes. But these are intended purely to enable both of them to give a genuine expression of their faith in accordance with their respective human nature. But the Sharia (or Islamic law) is essentially the same, and its general rules are common for both the sexes; it is addressed to both without any distinction. The underlying presumption in the Sharia is that sex is immaterial, except where the text makes the distinction or where proof can be adduced to that effect. Thus personal religious services for a woman in Islam, for instance, are the same as for a man. She has to perform her prayer, fasting, pilgrimage to the Holy Kaaba and remember God.

Just like men, women have to observe the general religious standards relating to personal conduct, social dealings and moral behaviour - like being truthful, fair altruistic, beneficent, righteous and well-mannered. Islam does not provide different moral codes for men and women. Even in matters of public life they, too, are expected to do their part and endure the sufferings of life as patiently as men are supposed to do. They too are expected to show solidarity with the community of believers and to forsake the comforts of their home and hearth to migrate to the state of the Muslims, to wage jihad with them, and to promote the well-being of their society. In all these matters there is no distinction between Muslim men and women. For God has proclaimed, "And the believers, men and women, are allies, of each other, enjoining the right and forbidding the wrong, establishing prayer, giving alms and obeying God and his messenger. As for these God will have mercy on them, God is Mighty and Wise". (Tawba, 71)
Women have an equal opportunity and incentive to share in every aspect of religious virtue: "God has got ready forgiveness and tremendous rewards for the Muslim men and women; the believing men and women; the devout men and women; the truthful men and women; the patiently suffering men and women; the humble men and women; the almsgiving men and women; the fasting men and women, the men and women who guard their chastity; and the men and women who are exceedingly mindful of God". (Al Ahzab, 35)

Tradition has it that Umm-Salmah said to the Prophet, "O Messenger of God! The Quran speaks of men but does not speak of us, women". As a consequence, the above-cited verses of the Quran were revealed.

Islam assigns a Muslim woman a due role to play in discharging collective responsibilities which preserve the essence of the religious society in general. She must, therefore, assiduously apply herself to fulfil her part; for if all Muslims neglect to discharge these collective responsibilities, she would have to answer for that default like every man. Some special obligations like maintenance of the family, attendance of group prayers, and the levy or mass general conscription for war are too onerous for the ordinary female. Islam has relieved women from attending to these as a matter of original, personal responsibility, if Muslim men can sufficiently attend to them. That does not mean that a woman is barred from doing any of these things. She may very well participate in all such activities even when there is no dearth of men to do them. However if men are not fulfilling their due obligations in this regard, it would be her duty to compensate their default or complement their effort.

None and nothing in Islam may stand in the way of a woman contributing to the general good and competing for religious achievement. The equal personal responsibilities of women in Islam are evident and clearly established. That collective duties are commonly borne by men and women is shown in the practice of the Prophet (peace be upon him), who commanded women to act charitably and give for the sake of God, and in that women used to respond.

In his collection of authentic traditions, Al-Bukhari narrates on the authority of Ibn-Abbas, who said: "I attended the prayer of Eid-ul-Fitr along with the Prophet, (peace be upon him) and Abu Bakr and Uthman. They offered the prayer before the sermon. Later the Prophet (peace be upon him) delivered his Eid address and then moved ahead making his way through the people, till he reached the ladies, accompanied by Bilal. The Prophet (peace be upon him) read out the following verse from the Holy Quran: 'O Prophet, when believing women come to you to offer their oath of allegiance that they will not associate any thing with God, nor will they commit theft, nor indulge in fornication, nor murder their children, nor slander any one, nor disobey you in whatever that is fair, do accept their oath of allegiance and beseech God to forgive them. Indeed God is the most Forgiving and most Kind'". [Al Mumtahinah, 12]

"When the Prophet had finished with these verses, he said to them: 'Are you all committed to that? One of the ladies replied, (while others kept silent), 'yes'. The Prophet (peace be upon him) did not, at that time. know which of them did so! The Prophet (peace be upon him) went on to ask them to make their donations. Bilal spread out his shirt and said: 'Donate, my parents be sacrificed for you ladies'. And they all dropped their rings, studded with precious or ordinary stone)".

Throughout the period of the Prophet's ministry, women used to offer their prayers, even the early morning and late evening ones, along with the congregation of Muslims in general. In his collection of authentic traditions Bukhari narrated: "I (the Prophet) like to prolong the prayer but when I hear a child weeping I make it shorter for I loathe to make any inconvenience to the child's mother". Similarly, Muslim, another prominent authority on traditions, narrated in his own collection of authentic traditions: "If your women ask for permission to visit the mosques, do allow them to do so". On the authority of a report by the Prophet's wife, Sayiadh Aishah, it is stated that the Prophet (peace be upon him) used to offer the morning prayer whence the ladies would disperse completely covered in their dresses and they could not be recognised in the darkness. (Bukhari)

Muslim Women used also to participate in military expeditions bringing water to the thirsty combatants, treating the wounded, and carrying them to safety, and sometimes engaging in active warfare. The Quran refers to this and other exploits of men and women, "And their lord responded to them: I suffer not the work of any worker male or female to be lost. You proceed one from another. So those who fled and were driven forth from their homes and suffered harm for my cause and fought or where slain, verily I shall remit their evil deeds and shall bring them into gardens underneath which rivers flow as a reward from God, and God offers the fairest of rewards". (All-Imran, 195)

Even the Prophet's own wife, Sayidah Aishah, actively participated in such military services. Anas stated, "In the Battle of Uhud when the Muslims were routed and were put to flight from the Prophet, I saw how Aisha bint Abu Bakr and Umm-Saleem were extremely busy carrying waterskins on their backs and emptying them into the mouths of the Muslims". (Bukhari)

There were other prominent ladies who equally participated in the war effort: Umm-Sinan Al Aslamyiah, and Ummyah bint Qais (as reported by Tabaqat). Hamnah bint Jahash was one of those ladies who pledged allegiance to Islam and participated in the battle of Uhud, bringing water to the thirsty, transporting the wounded to safety and giving them the necessary treatment. (Al Isabah). Al Rabee bint Mua'weth, also known as Laila al-Ghifariah, used to accompany the Prophet (peace be upon him) in his military campaigns, treating the wounded and looking after the sick. (Al-Isabah). Bukhari gives the following report from her: "We were with the Prophet (peace be upon him), giving water to the thirsty, treating the wounded and bringing the dead bodies of the Muslims to Madina". Umm-Dhahhak bint Masoud also accompanied the Prophet in his military campaign of Khaiber. The Prophet gave her the same share of spoils there as he gave to man. (Al-Isabah)

Safyiah bint Abdul Mattalib, too, was one of those women who actively participated in the battles: "When the people took off for the military campaign of Al Khandaq, the Prophet (peace be upon him) placed his women in a small fortress called Fari, and Hassan bin Thabit was also left with them. Later a Jew came and climbed up the fortress till he was in a position to command a full view of all. Saifyah belted herself around the waist, took a pole and descended upon him striking him with the pole till he died". (Al-Isabah)
Nusaybah bint Ka'b is another lady who witnessed the battle of Uhud. She intended to bring water to the wounded, but she in fact took an active part in the fighting, and on that day brought great havoc to the enemy and wounded twelve of them severely. When the Muslims pulled back and exposed the Prophet, she stood her ground firmly in his defence. (Tabaqat). The Prophet (peace be upon him) appreciated her much and praised her. When she heard the news that her son Habib was killed in battle, she swore either she would die in front of Musailamah, or kill him. She participated in the battle of Al Yamamah along with Khalid bin Al Waleed. Her son Abdullah, too, was with her. He was killed in battle while she as well lost one of her arms. (Al-Isabah)

Another case is Umm-Haran bint-Malhan. The Prophet (peace be upon him) went to the daughter of Malhan and stood by her side and then laughed. She said to him: "Why are you laughing, O Messenger of God?" The Prophet (peace be upon him) said: "Some of my people would sail on the Green Sea (the Mediterranean) for God's sake". She said to him: "Please pray that God may include me with them". The Prophet (peace be upon him) prayed for her. (Bukhari). About Umm-Saleem bint Malhan, Sahih Muslim reports that, in the battle of Junain, she had a dagger which she carried about.

From the preceding exposition, it is evident that in defence and other collective duties and obligations of public life Muslim women may participate. But they are not duty-bound to do so, except when the urgency is such that their participation becomes mandatory. The Mother of Believers, A'yishah, is reported to have requested the Prophet (peace be upon him) for permission to participate in Jihad (fighting). The Prophet (peace be upon him) said to her, "Haj is your Jihad".

According to Ibn-Batal, a commentator, the tradition of A'yishah mentioned above proves that participation in fighting is not binding on women, but the statement that Haj is their Jihad does not bar them from volunteering for Jihad. Bukhari seems to express the same opinion.

On the basis of the uniform principles of Islamic jurisprudence, a Muslim Woman enjoys the same capacity and freedom enjoyed by a man. She too can propose to a man for marriage, orally or in writing, she can freely choose her spouse, reject a suitor she does not like or obtain divorce from an estranged husband against his will. But a male relative normally formalises the marriage contract, and marriage dissolution or divorce on a woman's initiative is only granted by a judge.

Umamah bint Abi'l-As was one lady companion of the Prophet (peace be upon him) who proposed for marriage in writing. She sent a message to Al Mugheerah bin Naufal saying: "If you feel you stand in need of us then proceed forth". He then sought her hand in marriage from Al Hasan, her cousin, who duly solemnised the marriage. (Al-lsabah)

An account about Sahal bin Saad Al Saidi in the books of authentic traditions tells about a Muslim woman who proposed verbally to the Prophet (peace be upon him) himself. She told him: "I present myself to you". She then waited for quite some time while the Prophet kept looking at her. A man said to the Prophet: "If you don't need her please marry me to her". The Prophet (peace be upon him) asked him: "Do you have anything to offer as dowry?" The man replied: "I don't have anything except this loin cloth". The Prophet (peace be upon him) said to him: "If you give her your loin cloth you will remain without one, look for something else". The man said: "I can't find any". The Prophet (peace be upon him) then advised him, "Try to find even an iron ring". He tried in vain. The Prophet (peace be upon him) finally asked him: "Do you know anything from the Quran (learnt by heart)?" The man replied: "Yes, such and such Surah of the Quran", and he named the Surahs. The Prophet (peace be upon him) then declared: "I solemnize your marriage with her with whatever verses of the Quran you have as dowry". (All Six Reporters of Tradition)

Regarding the making of marriage proposals to women, one may read the provisions of the Quran about proposing to a woman whose husband has died, while she is spending the period of transition, "Iddah". God says, "There is no harm to you if you make a hint of an offer of betrothal to women or hold it in your hearts; God knows that you cherish them in your hearts. But don't make a secret engagement with them, except in terms indirect and honourable, nor resolve the bond of marriage till the term prescribed is fulfilled. And know that God knows what is in your hearts. So take heed of Him. And know that God is most forgiving and most forbearing". (Al Bagarah, 235).

Regarding the freedom of marital choice of a woman, one may read the provisions of the Quran about not preventing a woman, by force, from marrying: "And when you divorce women, and they fulfil the term of their Iddat, either take them back on equitable terms or set them free on equitable terms. But do not take them back to prejudice them or to take undue advantage thereof. Whosoever does that, indeed, he harms his own self". (Al Bagarah, 232).

The Prophet (peace be upon him) ordered that a woman should not be married but with her own authority and consent. The Prophet (peace be upon him) ordered: "Do not marry a non-virgin except on her instruction, nor marry a virgin except with her permission; and her silence may go for permission". (Bukhari). Whether a girl is a virgin or not, the Prophet (peace be upon him) would not allow their marriage under compulsion. Ibn-Abbas stated that a virgin girl came to the Prophet (peace be upon him) and told him that her father had got her married without her approval. The Prophet (peace be upon him) gave her complete freedom to choose whichever course that pleased her. (Reported by Abu Dawoud, Ahmed, and Ibn-Majah). Another girl came to the Prophet (peace be upon him) and complained that her father had married her to his nephew against her wish, the Prophet gave her the choice of rejecting the marriage. But she said to the Prophet (peace be upon him), "I endorse what my father did, but I wanted to show women that parents have nothing to do in the matter". (Ibn-Majah).

The dissolution of marriage and the grant of divorce by the judge on the wife's application is normal practice in personal law. A wife can have whatever creed of scriptural religion at variance with her Muslim Husband without any compulsion. She can and should acquire any education without any limit or hindrance. It is reported that Prophet (peace be upon him) strongly recommended the good education of girls. Abu Bardah Ibn-Abi Musa quoted his father as saying that the Prophet (peace be upon him) said, three people will be doubly rewarded by God. Any one from among the people of the scriptures who believed in his own Prophet as well as in Prophet Muhammad (peace be upon him), a slave who endeavours to meet his obligation towards God as well his masters and anyone who has a slave girl and strove to educate her and teach her well and then gives her freedom and marries her. (All the six reporters of tradition). It is worthy of note that women have been attending the general assemblies for learning held by the Prophet (peace be upon him).

Women are entitled to full freedom of expression of their proper views. Sayidah Ayishah is famous for going all-out to advance her juristic opinions. Muslim ladies used to venture their views in the presence of the Prophet (peace be upon him) as well his successors, the Caliphs. Ibn Al-Jauzi narrated the virtues and merits of Umar bin Al-Khattab (God bless him) in the following words: Umar forbade the people from paying excessive dowries and addressed them saying: "Don't fix the dowries for women over forty ounces. If ever that is exceeded I shall deposit the excess amount in the public treasury". As he descended from the pulpit, a flat-nosed lady stood up from among the women audience, and said: "It is not within your right". Umar asked: "Why should this not be of my right?" she replied: "Because God has proclaimed: 'even if you had given one of them (wives) a whole treasure for dowry take not the least bit back. Would you take it by false claim and a manifest sin'". (Al Nisa, 20). When he heard this, Umar said: "The woman is right and the man (Umar) is wrong. It seems that all people have deeper insight and wisdom than Umar". Then he returned to the pulpit and declared: "O people, I had restricted the giving of more than four hundred dirhams in dowry. Whosoever of you wishes to give in dowry as much as he likes and finds satisfaction in so doing may do so".

According to Islamic jurisprudence a woman is competent to own property and dispose of it in any manner. The Sharia generally provides for an equitable and fair role for women in the economic life of Muslim society. Just as much as they share in the management of family affairs, they can contribute to the support of the family, although they are not legally bound to provide maintenance. A woman can share outdoor work with the man to earn a common living. Asma bint Abu Bakr is said to have narrated that when Al Zubair married her, he had no land property, nor a slave, nor anything else, except a camel for * lmgation * and a horse. She said: "I would give fodder to his horse, draw the water, patch his water skin, knead the flour. I was not good at baking and preparing bread; but I had some sincere Ansar neighbour ladies who used to help me with the baking. I used to bring, on my head, fruit kernels from the land which the Prophet (peace be upon him) had given to Al Zubair. That land was at a distance of three farsakhs (about ten miles). One day I was on my way home with a load on my head when I met the Prophet with a number of Ansar. the Prophet (peace be upon him) asked me to ride, behind him on the camel, but I felt shy of joining the company of men. The Prophet (peace be upon him) realised that I was feeling shy and, therefore, continued his journey without me. Later I came to Al Zubair and told him how I met the Prophet (peace be upon him) with a company of Ansars, and how I declined his offer when he bade the camel to kneel so that I might ride behind him. I told Al Zubair I felt shy and remembered your jealousy over your self-respect and honour. On hearing that account Al Zubar said, 'By God your carrying fruit kernels is far more distressing for me than riding the camel with the Prophet'. Later Abu Bakr sent me a servant to save me the trouble of looking after the horse and I felt as if I had been relieved of the bondage of slavery". (Bukhari).

Muslim couples are supposed to cooperate and consult over matters relating to their family, even after divorce. The Quran so provides that "Mothers shall breastfeed their babies for two complete years, if a father desires that the term be completed. The father of the baby shall provide them food and clothes in the established manner. None shall be charged more than his capacity. No mother shall be prejudiced with respect to her child, nor father with respect to his. The same is the responsibility of them. If both spouses decide, by mutual consent and consultation, on weaning, there is no blame on either. If you want to have your babies breastfed by a foster mother you are not doing anything blame-worthy provided you pay to the fostermother what you had agreed to offer, in accordance with the established manner. Fear God and know that God is aware it what you are doing". (Al-Bagarah, 233).

In an Islamic Society women also take part in the appointment of counselling and control officers responsible for the public affairs of society. This may be done either through the process of election or consultation. The account of the Shura process following Umar's death firmly establishes this matter. Muslim ladies did actually participate in that general consultation. Ibn Katheer, the historian, told, "then Abdur Rahman bin Auf undertook to consult the people about (the candidates) Uthman bin Affan and Ali bin Abi Talib. He was collecting and collating the general opinion of the Muslims through their leaders. he consulted them singly as well as collectively; privately as well as publicly. He even reached to the Muslim ladies in their privacy". (Al Bidayah Wa-'Nihayah).
The tradition of early Muslim Society was for women to attend all public meetings and festivals. Authentic reports about life with Prophet (peace be upon him) give account of women going to attend the two Eid (festive days) prayers. Even those who were excused from prayer, would also come to attend the congregation. Hafsah, the Prophet's wife (God bless her) is reported to have said: "We used to forbid young girls to go out to attend the Eid prayers. But a woman came to visit and stayed in Qasr Bani Khelf, and told about her sister, whose husband had participated in twelve military campaigns of the Prophet (peace be upon him), her sister took part in six thereof". She said: "We treated the wounded and looked after the sick. I asked the Prophet (peace be upon him): would there be any harm in not going out if we do not have julbabs (wide loose gowns)?" The Prophet (peace be upon him) replied, "Let her friend lend her a julbab so that she may attend the blessed occasion and the preaching of Islam". Hafsah went on: "when Umm Salma came I asked her (to confirm): 'Did you hear the Prophet (peace be upon him)?' she replied, 'Yes indeed I heard him say: all girls, young, screened or in their monthly periods should go out to attend the Eid congregation and witness the blessedness and publicity of social Islam. The menstruating ladies should however stand by during the prayer'". Hafsa asked: "The menstruating ladies too?" she replied: "Don't you see that they attend the congregation in Arafa for pilgrimage?". (Bukhari).
Another aspect of women in Apostolic society was revealed by an account of Sayidah Ayishah about how she attended a spectacle of the Ethiopians: "By God the Prophet was by my chamber's door while the Ethiopians were showing their spear games in Al Haram. The Prophet (peace be upon him) covered me with his shawl so that I may too watch their feats. I was watching them from behind his shoulder. He would pose there for my sake till I choose to break off". Ayishah suggests: "you should fully appreciate a young girl's interest in fun". (Bukhari).

Excepting those specific tasks of public life which are obligatory on men and only voluntary to women, male Muslims in an Islamic Society have no exclusive prerogative or specialisation.

They have no power or authority over women except in the context of conjugal relationship. That relationship itself is established and dissolved with the consent of the female party, and should be conducted in a spirit of mutual respect, consultation and conciliation. The man is in charge of the family, but that amounts only to responsibility for financial maintenance and authority for direction and discipline exercised in a reasonable manner. Both spouses should share in the management of family affairs, and have equal authority over their sons and daughters.

Public life is no stage where men alone can play. There is no segregation of sexes in public domains which call for joint efforts. Thus both men and women are supposed to participate in congregational prayers. The Prophet, (peace be upon him) is reported to have said: "Don't stop women form going to mosques at night". A son of Abdullab bin Umar, on hearing this statement, said to his father: "We would not allow women to go out of the house at night for fear of any abuses". * Ibn-Umar * reprimanded his son: "I say the prophet (peace he upon him) said so, and you still say you won't allow it". (Muslim).

From the foregoing, it is clear that the Prophet's directive is for women to go out publicly to frequent mosques even at night, and to attend and offer Eid prayers. It is also recognised that pilgrimage (Haj), despite its displacements and thick crowds, is a function performed in common by men and women. Some over-scrupulous Muslim rulers endeavoured to introduce some modification in this respect with a view of segregating men and women in the Tawaf (going round the holy Kabah). But scholars who upheld the Sunna and favour strict adherence to Tradition, opposed any change in the practice current in the Prophet's own times. Consequently, the traditional practice of Tawaf in common remained established and the change fell through. That was when Muhammed bin Hisham, the governor of Mecca, stopped ladies performing tawaf alongside men. Ata, the famous scholar of tradition objected: "How do you stop them when the Prophet's own wives did Tawaf of Kaba alongside men?" The practice had continued without any change even after the introduction of the restrictive regime imposed on the Prophet's wives, although they used to steer clear of the men around them, while all other women used to mix with men and huddle to touch and kiss the Black Stone in the wall of Kabah (Bukhari). Educational assemblies, too were attended by men and women jointly. The Prophet (peace be upon him), in teaching the Muslims, used to address men and women together even where he was giving instruction, relating to conjugal matters. Once he was lecturing muslims after prayer about tales they would tell the morning following their conjugal activities. Abu Hurrairah is quoted to have reported this as follows: "The Prophet (peace be upon him) had just finished his prayer with us, when he directly turned and asked us to keep sitting, and then asked: 'Is there amongst you any who would shut doors and draw curtains when he approaches his wife, but would later go out and tell every body how he did so and so?' all men present kept silent. Then the Prophet (peace be upon him) turned to the ladies and said: "Does any one of you openly discuss her conjugal matters with other women?" A young lady in the audience, when she heard this, knelt up on one knee and craned her neck so that the Prophet (peace be upon him) might see her and hear her speak. She said: 'Yes by God, all men discuss these matters among themselves and so do all women, too'. The Prophet (peace be upon him) said: 'Do you know whom does one doing that compare to?' 'Indeed it is like two satanic couples who meet on a high street and indulge their sexual desire in full view of the people'". (reported by Ahmed, Abu Dawwod, and Albazar).

In another mixed audience, a woman intervened during a sermon the Prophet (peace be upon him) was delivering to a congregation of Muslims by publicly asking: "Why do you reckon most women would go to hell?". This was reported by Ibn-Umar who quoted the Prophet (peace be upon him) saying: "O women! Give alms, and beseech God excessively for his forgiveness, for I see that most of the inmates of hell will be from amongst you". Some of the ladies present in the congregation asked: "What it was that made women outnumber the male inmates of hell?". The Prophet (peace be upon him) replied: "Because you curse excessively and are ungrateful to your partners. I haven't seen anything so deficient in wisdom and religion". The Prophet (peace be upon him) replied: "The testimony of two women equals that of one man; further, she has to abstain from the prayer for days" (Meaning that limited experience and abstinence from prayer during her period may impinge on her proper conduct and judgement). (Muslim).
Separate meetings exclusively for ladies were sometimes convened, but that was for practical reasons, mostly the dominance of men, sitting close to the Prophet (peace be upon him) after prayer and the inability of women sitting behind to hear him well. Bukhari narrated, in a chapter titled, 'Is a day set aside exclusively for the education of women?', that women told the Prophet, "men have dominated us around you", the Prophet (peace be upon him) promised to give them a separate day. He would meet them on the scheduled day and deliver his lecture and instruction. It is in such a session that he once told them: "Any woman who loses three children would find it a barrier from hell". A woman said, "and what about two?" The Prophet (peace he upon him) replied, "even two". (Bukhair).

On the authority of Ibn Abbas, Bukhari stated that the Prophet (peace be upon him) was on his way after delivering his Eid address and Bilal was with him. He felt that the ladies attending the congregation did not hear his lecture. He therefore went to preach to them especially and to ask them to give alms.

A woman is quite entitled to go out for any need. She may go to the market to do business or otherwise; even though this may entail someone inconveniencing her. After the Prophet's wives were curtained away and segregated, the Prophet (peace be upon him) would still permit them to go out of their houses for their needs. Sayyidah Ayishah is quoted as saying that after the introduction of segregation "Saudah went out of her house to pursue some need. She was a bulky lady and anyone who knew her could easily recognise her. Umar bin Alkhatab saw her once and said, 'O Saudah you are not unrecognisable to us. Just see how you have come out?' when she heard that, she withdrew and returned. The Prophet (peace be upon him) was at that time in my (Ayishah's) house for his dinner. Sauda entered and said to him, 'O Prophet of God, I went out of my house for some need and Umar said to me so and so'" Sayyedah Ayishah Said, "Then revelation came from God and later, when it was over, the Prophet (peace be upon him) regained his hand and said to Sauda, 'God has permitted you to go out of your house for your needs'". (Bukhari).

The following verse of the Quran clearly bears out that ladies can go out of their houses: "O Prophet! tell your wives and daughters and the women of the believers to lower their outer garments on their persons. That is likely to allow them to be recognised and by consequence, not be molested, and God is most Forgiving and most kind". (Al Ahzab, 59). The occasion for the revelation of these verses of the Quran was the fact that some rogue individuals would inconvenience ladies in the streets of Madinah. Explaining the meaning of: "To lower their outer garments on their person", Mujahid (a famous early authority on the exegesis of the Quran) said, "they covered themselves with their outer garments so that it is known that they are free-born women of good social standing and no depraved person may level at them undue words or suspicions".

The Prophet (peace be upon him) taught Muslims, if they had to sit by the road, to lower their gaze as women pass by. Abu Saeed Al-khudri quoted the Prophet (peace be upon him) as saying, "try to avoid sitting by the roads and paths". The Muslims said, "O Prophet! sitting by the roads is unavoidable for us". The Prophet (peace be upon him) then said, "If you insist on sitting there, then give the highway its due". The Muslims asked, "what is that?" the Prophet (peace be upon him) said, "lowering of your gaze, desisting from hurting any one, exchange of greetings, asking others to do good, and warning others off anything foul". (Muslim).
Women can engage in business and commerce. Take the case of Qailah Umm-Bani Atmar, one of the merchant ladies. She said, "I am a woman who buys and sells". (Al Isabah). Umar Ibn Al Khattab entrusted the supervision of administrative market affairs to Shaff'a bint Abdullah bin Abd Shams. Umar used to seek her counsel, pay due regard to her and hold her in high esteem. (Al-Isabah). In this regard the dialogue between Abu Al-Yasar and a woman who came to purchase dates from him, is also significant to show how women went about shopping (Trimithi).

Islam does not call for segregation between men and women. A woman may, therefore, receive the family guests, serve and entertain them. Consider the story of Ibraheem (Abraham) (peace be upon him), when he received the angels in the guise of (human) guests who told him, "We were sent to the folk of Lot". And his wife, standing by, laughed. They gave her good tidings of the birth of Isaac and after Isaac of Jacob. She said, "O woe to me, shall I bear a child when l am an old woman and this is my husband an old man? This is a strange thing?" (Hud, 70-72)

There were some elderly ladies whom the Prophet (peace be upon him) used to visit, regularly. He might take meals in their places and pray there, and when they fell sick he would call upon them to console them. Take, for instance, Umm-Aiman. She migrated from Mekkah to Madinah walking all the way on foot with none to keep her company and in extremely hot weather. The prophet (peace be upon him) used to honour her with his social visits (Seerat Ibn-Hisham).

Khaulah bint Qais is another such lady. According to Al Tabrani, Ibn-Harith heard Khaula hint Qais say: "the Prophet (peace be upon him) and I took meals in the same dish". (AI-Isabah). Al-Shaffa bint Abdullah was one of the wise and prominent ladies of Madinah. The Prophet (peace be upon him) used to visit her and took his mid-day nap in her house. She arranged a bed and a sheet for him to sleep in. (Al-Isabah)

Al-Shaykhan (i.e Bukkari and Muslim) give an account of Maleekah Al Ansariah on the authority of Anas who said that his grandmother Maleekah invited the Prophet to meals which she herself had prepared. The same tradition relates how the Prophet (peace be upon him) offered his prayers in their houses: Anas said, "An orphan and I would stand behind him, and the old lady behind us". (Al-Isabah)

Lubabah bint Al-Harith, it is stated, was one of the first ladies after Sayyedah Khadijah, to embrace Islam. The Prophet (peace be upon him) used to visit her and take his mid-day nap in her house. Umm-Waraga was a lady that the Prophet (peace be upon him) used to visit. The Prophet (peace be upon him) allowed her to pray at home and to lead her staff, male and female, in prayer (Abu Dawoud). It was she who, when the Prophet (peace be upon him) conducted the battle of Badr, requested him to allow her to accompany him so that she might treat the patients and that perhaps God might bless her with martyrdom. (Al-Isabah).
Fatimah bint Asad bin Hashim was a very pious lady. The Prophet (peace be upon him) used to visit her and take his mid-day nap in her house. (Tabaqat)

Umm al Fadhl bint Al-Harith was the first woman to embrace Islam after Sayyedah Khadijah. The Prophet (peace be upon him) used to visit her and take his mid-day nap in her house. (Tabqat). All these were women of social distinction worthy of the Prophet's consideration.

Even a bride may undertake to serve guests personally. Sahal bin S'ad Al Ansari stated that Abu Saeed invited the Prophet (peace be upon him) to his wedding feast. His bride Umm-Saeed was the one who prepared the meals and served the guests too. She put some dates in a stone vessel to soak in water. When the Prophet (peace be upon him) had finished the meal she crushed the dates with her own hand and gave the prophet (peace be upon him) to drink, as a special favour. (The Shaikhan, Bukhari and Muslim).
The practice of family visits was also common in the early period of Islam. For instance, the visits of the Prophet (peace be upon him) to Al Rabee bint Muawiz and her husband Ilyas bin Al Kabeer, were well-known. Abu Dawoud, At-Tirmithy and Ibn-Majah quoted a number of traditions on the authority of Ibn-Aqeel. Al Rabee bint Muawiz gives a description of the Prophet's ablution. She said that the Prophet (peace be upon him) used to come to them and say, "please pour water so that I may do the ablution (wadu)". (Al-Isabah)

So far as the familiar Hijab is concerned, it refers to the special regulation pertaining to the Prophet's wives due to their status and situations. They occupied a position different from all other women, their responsibility is thereby stiffened. God has ordained that their reward as well as punishment be double that for any other woman. "O wives of the Prophet whoever of you commits a vile deed will have her punishment doubled. And that, for God, is quite easy. And whosoever of you serves God and his Prophet devoutly and acts righteously, we shall give her double reward. And we have prepared for her honourable sustenance in the hereafter". (Al-Ahzab, 30-31).

The verses of the same Sura ordained that the wives of the Prophet (peace upon him) draw a curtain (to ensure privacy in the Prophet's room which naturally attracted many visitors of all sorts), and that they dress up completely without showing any part of their bodies including face and hands to any man; though all other Muslim women were exempted from these restrictions. Thus the Quran goes: "O you who believe don't enter the Prophet's homes except when you are invited for a meal and don't come too early awaiting its preparation. But when you are invited, do enter (the prophet's home). When you have finished the meal, disperse, without (lingering) for familiar talk. Such behaviour used to inconvenience the Prophet who was too embarrassed shy (to ask you to disperse). But God is not embarrassed to say the truth. And when you ask the Prophet's women something ask, them from behind a curtain. This is purer for your hearts as well as for theirs. It is not proper for you to annoy the Prophet. None of you will at all marry the Prophet's wives after his death. God considers that an enormously great sin". (Al-Ahzab, 53).
The text of this commandment is evidently restricted to the Prophet's house, dialogue with his wives, and impermissibility of their remarriage after his death. The circumstances surrounding the revelation of the commandment confirm that the provisions of the commandment are so confined. An authentic tradition demonstrates that this commandment vindicated a specific suggestion advanced by Umar bin al Khattab. Sayyedha Aishah is quoted as saying that Umar bin Al Khattab asked the Prophet (peace be upon him) to confine his wives. She said, "but the Prophet (peace he upon him) did not do so. Then God sent down the verses relating to confinement". (Bukhari). Anas reported that Umar said: "My Lord granted me three wishes: I asked the Prophet (peace be upon him), 'how about adopting the spot of Prophet Ibraheem for prayer?' and later the verse, 'Adopt the spot of Ibraheem for prayer' was sent down. I said to the Prophet (peace be upon him), 'O Prophet the pious as well as the dissolute enter your house to meet your wives. How about ordering them to withdraw themselves?' Subsequently the verses of confinement were sent down. Similarly the wives of the Prophet (peace be upon him) conspired, out of jealousy, against the Prophet (peace be upon him), and I said to them what was later sent down the verse, 'God may, if he divorced you, give him in exchange wives better than you'". (Al Tahreem, 5) (Musand Al-Imam Ahmed Ibn-Hambal).

The verses may directly concern the prolonged stay of the guests who came to attend the wedding to Zainab bint Jahash. Ibn-shihab reports that Anas bin Malik gave him the following account: "When the Prophet (peace be upon him) arrived in Madinah, I was a boy of ten. And I spent 10 years serving him. None knows more than myself about the revelation related to the confinement of his wives. Ubai bin K'ab used to ask me about the Prophet's marriage to Zainab bint Jahash. The Prophet (peace be upon him), as bridegroom, invited the people in the morning to feast. Most took the meal and went away. A group of them, however, remained with the Prophet (peace be upon him) and stayed rather long. The Prophet (peace be upon him) stood up and went out. I followed him out so that they might likewise go. The Prophet (peace be upon him) walked up to the threshold of Sayyedah Ayishah's room, and thought that by that time they might have left. But when he returned, with me after him, to Zainab's, that group was still sitting and had not dispersed. The Prophet (peace be upon him) returned, and again I followed, till he reached threshold of Sayyedah Aiashah's room that they might go. It was only when we returned that they had just gone out. As a consequence the verses relating to confinement were revealed. A curtain was then lowered between me and the Prophet's private quarters". (Bukhari).

A further confirmation of the foregoing conclusion in respect of the scope of the confinement rule is that those women who were separated from the Prophet (peace be upon him) before consummation of marriage, were not given the title of Mothers of the Believers nor was confinement imposed on them. Some did, in fact, remarry after the Prophet's death. Take, for instance, Asma bint Al Numan. There is consensus over the fact that the Prophet (peace be upon him) did marry her; but there is some controversy about the circumstances surrounding his separation from her. Some said that she remarked, "I seek refuge in God from you". The prophet (peace be upon him) said, "You sought sure refuge and God has granted you protection from me". He, therefore, divorced her. (Al-Isabah). Another example is the case of Qeelah bint Qais whom the Prophet (peace be upon him) married in the tenth year A.H., shortly before his death,and died soon after. He did not receive her; and the marriage was not consummated. It is also said that he married her only two months before his death. It is said that he married her during the illness that led to his death. It is reported that the Prophet's instructions were that if she liked she might be confined and abstain from remarriage. Otherwise she might marry whomsoever she liked. She opted to marry Ikrimah in Hadramaut. When the news of the remarriage reached Abu Bakr, he threatened to burn their house. but Umar told him that she was not reckoned among the Mothers of the Believers, and that the Prophet (peace be upon him) did not consummate his marriage with her, nor was she confined. (AI-Isabah).

The commandments regarding confinement were sent down in the month of Dhul-Qaidah of the fifth year of Hijrah. It did not affect the position of the generality of Muslim ladies.

Life in Islam is oriented towards God. If it allows men to come into contact with women that is indeed a test. A Muslim should make such association an opportunity for furthering the aims of worship and gratitude to God. At least he should observe the limits of what is permissible in that association. There can be no legitimacy in exploiting the relations between persons of opposite sexes as an occasion for illicit sexual enjoyment in contravention of God's commands and in deviation from the proper system for conjugal relations. There is no scope in religion for licentious sexual pleasure, which reduces man to a situation of slavery to passions, instead of to God, or to which man dedicated his time and exploits his total energies as ultimate purpose in life. There is no room for unbridled and uncontrolled passions outside the bounds of marriage.

Fornication, therefore is strictly forbidden; and as commanded by the Quran, no man is allowed to approach a woman with that intention. "Don't get close to fornication. it is indeed atrocious and a bad way". (Al-Isra, 32).

One should even avoid any perverse sight or touch that may excite sex. Abu Saeed Al-Khudri reported that the Prophet (peace be upon him) said, "No man should look at another man's private parts, nor a woman at another woman's. No man or woman shall rub skin with another in the same dress". (Abu Dawoud, At-Tirmithy, Muslim).

It is not permissible for a man and a woman not tied by marriage to seek privacy - the two of them alone hidden from the view of other people. Indeed in such a situation the temptation of sex would be dominant and would engross one's thoughts, whereas in larger company one is more likely to be oblivious of sex and preoccupied by the pursuits and affairs of the community.
Ibn-Abbas says that the Prophet (peace be upon him) said, "Keep it in mind that in the absence of a mahram (real father, real brothers, real uncles, etc. to whom a women can not be lawfully married) no man shall be alone with a woman". (Bukhari and Muslim). Abduallah bin Amr bin Al-A'as said a number of men of the tribe of Bani Hashim came to see Asma bint Amees. In the meantime Abu Bakr Also came. She was at that time his wife. When Abu Bakr saw those people, he did not approve of their being in his house. He told the Prophet (peace be upon him) about it and said, "I did not see anything wrong", the Prophet said, "God has acquitted her of that suspicion". Then the Prophet ascended the pulpit and said, "In the absence of her man, no woman shall meet a man but in the presence of another man or two". (Muslim)

In public, however, man and woman can confer privately at a distance from others. Anas reports that a woman who was slightly abnormal said to the Prophet (peace be upon him) "O Messenger of God! I need you for something". The prophet said, "O mother of such and such, look which way you want to go, that I may arrange your need". He went with her along some path till all what she required was over. (Bukhari, Muslim, Abu Dawoud)

The story of Moses (peace be upon him) and the two daughters of Shuaib, as narrated by the Quran, is very instructive: "and when he came onto the water of Madian, he found there a group of people watering, and he found apart of them two women holding back. He said: 'what is the matter?' They said: 'we cannot water until all the shepherds leave, and our father is an old man.' He watered for them and withdrew to the shade... shortly afterwards, one of the two maidens came to him and said: 'my father calls you that he might reward you for watering for us....' One said, 'O my father, hire him, for the best you can hire is one who is strong and trustworthy'". (Al-Qasas, 22-28)

A man should not gaze at a women nor a woman at a man so fixedly that temptation is stimulated. Instead, whenever any such thing strikes the mind, one must desist from looking on. "Tell the believers to lower their looks and guard their private organs. This is purer for them. God is fully aware of what they are doing. And ask believing women to lower their looks and to guard their private organs...." (An Nur, 30-31)

In the traditions, Jabir bin Abduallah is reported to have said, "I asked the Prophet (peace be upon him) about looking at some woman by chance, the Prophet (peace be upon him) told me to divert my looks".

The Prophet (peace be upon him) advised Ali, "O Ali, you must not gaze at a woman. You are allowed the first look but not the subsequent". But Ali's report does not mean that looking at a person of the opposite sex is absolutely forbidden. It is only when one seeks sexual pleasure or finds and relishes it. Indeed, in the model society of Islam, Muslims used to assemble freely and frequently; they were mostly acquainted with each other, men and women; they conversed and interacted intensively. But all those activities, were undertaken in a spirit of innocence and in the context of a virtuous society.

The meaning behind the prohibition of some looks at women is borne out by the correlation between such looks and sexual intercourse: "Allah decreed for every human being his unavoidable share of sexual intercourse. The eye partakes of that by looks, the tongue by speech the soul aspires and craves, and the genital organs fulfil or deny the final act". (Bukhari and Abu Dawooed).
Similarly Abdullah bin Abbas reports that the Prophet was riding a camel with Al-Fadhl, Abdullah's brother, behind him. A beautiful woman came to ask the Prophet about the Haj of her father. Al Fadhl began to stare at her; her beauty impressed him a lot. The Prophet (peace be upon him) having noticed this while Al Fadhl was busy looking, put his hand behind and turned his face away from her hither and thither as she went along with them. Al Abbas said to the Prophet, "you are twisting the neck of your nephew!" The Prophet replied, "I noticed that both the boy and the girl were young; and I feared that Satan may intervene". (At-Tirmithy and Bukhari).

When assembled men and women must not be crammed in such a manner that breaths and bodies are very close to each other. If the practical exigencies demand, they may, however, get closer, as for instance during Haj. And wherever there are men and women in homes, streets, meetings or public occasions, it is advisable that some distance between the two sexes be maintained. It is on the basis of the same principle that men and women occupy conspicuously separate rows in prayers. During the prayer, sitting or standing, people take up their position in a very compact manner; and while praying one should be completely detached from everything that may divert one from attending fully to God. The Prophet (peace be upon him) designated a door exclusively for ladies to enter and leave the mosque. Ibn-Umar reports that the Prophet (peace be upon him) said, "may we restrict this door for ladies only". (Abu Dawoud).

Similarly, on the highway, men and women must maintain some distance. Hamza bin Sayyed Al Ansari cited his father as saying that he heard the Prophet (peace be upon him) ask the ladies, "you stay apart, for you can not walk in the middle of the road; you bear to the sides of the road". "A Lady", he added, "would walk so close to the walls along the road that her clothes would touch the walls". (Abu Dawoud). The Prophet (peace be upon him) used to defer his departure so that the ladies might leave the mosque first. (Bukhair). Umm-Salama reported that when the Prophet (peace be upon him) finished with his prayer, the women would immediately get up from their places to leave, while he would remain in his place for a short while, and then would rise to go.
The dress of a man or a woman should be modest. By no gesture, word or appearance should man or woman deliberately tempt the other. God says: women shall not show their adornment except what is naturally visible. They should draw their scares on their bosoms. And they must not show their adornment except to their husbands, or their fathers or the fathers of their husbands, or their sons or the sons of their husbands, or their brothers or the sons of their brothers or the sons of their sisters or their women slaves, or male servants uninterested in physical needs, or small children who are not sexually aware. Nor will they kick with their feet, to announce whatever is invisible of their adornment. (An-Nur, 31). "0 Prophet tell your wives and your daughters and wives of the believers to lower their outer garments on their persons. That is likely to make them known, and, as a consequence, not be molested. And God is Most Forgiving and Most Merciful". (Al-Ahaab, 59).

The Prophet (peace be upon him) directed that excepting face and hands no other part of a woman's body should be exhibited. Sayyedah Ayishah is said to have reported that Asma bint Abu Bakr came to the Prophet (peace be upon him) wearing a dress made of thin cloth. The Prophet (peace be upon him) turned his face away and said to her: "when a girl matures it is not appropriate for her to show but such and such", pointing towards his face and hands. Abu Dawoud quoted this tradition, And the majority of Muslims have accepted it in practice.

Thus temptation is the basic criterion on which these rulings rest. "For women of advanced age who do not expect to be married, there is no harm if they set aside their outer garments provided they do not play up their charms. But it is better for them if they abstain from doing so. And God is All-seeing and All-knowing". (An-Nor 60). The Prophet (peace be upon him) prohibited women from passing by men after perfuming themselves. he warned women in these words: "after using scents no lady should attend Isha prayer with us" (Muslim). Abu Musa Al Ashari reports that the Prophet (peace be upon him) said, "any woman who, after perfuming herself, passes by the people so that they may find her smell, is a fallen woman". (Musnad Imam Ahmed). The Prophet (peace be upon him) warned against women who walk swinging ostentatiously and temptingly: "two categories of the inmates of hell I did not see before: a group of people holding whips resembling cow tails lashing at people, and women, half dressed and half naked, walking swingingly to all allure, with their heads like inclined humps of camels. They shall never enter Heaven nor get the inclined nor get the smell thereof, even though its smell can be felt from such and such distance". (Muslim)

Any relationship or situation which may be instrumental to temptation or illegal sexual contact between men and women, is thus not permissible. God says, "don't approach fornication. It is indeed a vile deed and what an evil practice it is". (Al Isra 32) That is the standard which determines cases which we did not mention. Thus Islam tolerates that one may greet women or talk to them in decent and chaste language and with good intent. The Prophet used to do so. Asma bint-Yazeed reported that one day the Prophet (peace be upon him) passed through the mosque where a group of women were sitting. He greeted them by waving his hand. (At-Tirmithy). In the chapter Kitab ul-adab of his collection of traditions, Abu Dawoud gave the following account on the authority of Asma: "the Prophet (peace be upon him) passed by us and greeted us". Imam Bukhari has given a chapter in his collection of authentic traditions under the title, "Greeting Women by Men". Ibn-Hazim reported that his father cited Sahal, why so? he said, an aged lady used to send me some goods. She would take the roots of salaq (a salad) and put them in a pan, and then prepare some barley bread. After offering Juma prayer we would go and greet her and she would serve us those dishes, which gave us a lot of joy. On Fridays we always took our meal and mid-day nap after offering Juma prayer. (Bukhari)

Asma bint-Yazeed narrated that, "the Prophet (peace be upon him) passed by us, the women, and greeted us". (Al-Tirimizy)
When greeting a lady, shaking hands in a spontaneous manner may be permissible, especially if it is a customary practice in a chaste setting. One may find in Islamic texts strong admonition against touching strange women. But the word "touch" or the like is, in this context, a euphemism for sexual intercourse.

Whenever women came to the Prophet (peace be upon him) for the oath of allegiance, it is reported that he would not shake hands with them. This is obviously a reservation unique to him. It is quoted by Al Bukhari that the Prophet (peace by upon him) said: "I don't shake hands with women". Other reports say that the Prophet (peace be upon him) did shake hands with the ladies covering the hand with a garment. (Abu Dawoud cited that on the authority of Al Shaabi and Abdul Razzaq). Sometimes the Prophet (peace be upon him) would deputise Umar for that function (Al Tabrani).

So long as the conditions already mentioned are observed, family gatherings and joint meals, both at home or elsewhere are permissible. Abu Hurairah (may God be bless him) narrated that a man came to the Prophet (peace be upon him) and said, "I am completely exhausted with hunger". The Prophet (peace be upon him) sent a message to one of his wives. She told him, "by God, who sent you with the truth, I don't have anything except water". The Prophet (peace be upon him) then sent the message to another of his wives. She, too, told the same thing. It was the same with all the rest of his wives: "By God, who sent you with the truth, I don't have anything except water". "By God, who sent you with the truth, I don't have anything except water". The Prophet (peace be upon him) then said, "whosoever takes this man as his guest God will grant him mercy". An Ansari of Medina stood up and said, "O Messenger of God, I shall take him as my guest". He, then took him to his dwelling, and said to his wife, "Do you have something?" "Nothing except the meal for my children", she replied. He said to her, "you distract them with something: when our guest arrives, put out the lamp, and show him that we. too, are eating". He narrated how they all sat down and the guest took his meal. Next day when the Ansari went to the Prophet (peace be upon him) the latter said to him, "God appreciated so much the treatment you extended to your guest last night". (Muslim)

More than anybody else, it is permissible for those who are seeking each other's hand in marriage or are divorced, to see or talk to each other. Mughirah bin Shubah stated that he proposed to a woman for marriage. The Prophet (peace be upon him) told him, "Have a look at her. that some affection might develop between you two". Mughirah went to the girl's parents and told them about the Prophet's instruction. It was as if they were reluctant. The lady, who was in her private room. having overheard this, called out, "If the Prophet has ordered you to see me, then do so". Mughirah said: "I saw her and married her". (Ahmed, Ibn-Majah, At-Tirmithy, Ibn-Habban and Al-Darimi).

A case in point is the famous story of Mughith who used to go after his ex-wife Burairah through the streets of Madinah. He would try to appease her with tears flowing from his eyes in order to bring her back; but she would refuse to do so. When Burairah was set free, her husband, a negro, was a slave of Bani al Mughirah. "By God" Ibn Abbas said, "I still recall how he followed her all over the streets of Madinah with his beard bathed in tears trying to please her in vain". The prophet (peace be upon him) himself tried to intercede but the girl declined as long as the Prophet (peace be upon him) did not order her to reconcile (At-Tirmithy).
The application of the standard of temptation depends subjectively on what a person finds in his soul - that is what he experiences by way of feeling in the case. This is naturally a function of his religious education and integrity. Objectively, it would depend on the seriousness of the affair in any association of men and women such as would distract them from thinking of sex, and partly on the innocence of the particular social context.

The juridical principle is sound: that the avenues and approaches of wrong-doing should be closed by barring acts innocent in themselves for fear of what might ensue. But over-caution may inhibit legitimate conduct on the pretext that it exposes to the risk of temptation and vice. This may lead to the distortion of the general social system of Islam which is based on the full participation of men and women in everyday life with piety and chastity. Indeed, segregation and isolation may well protect a woman from temptation, but it essentially denies her the benefits of the communal life of Muslims.

It denies and abrogates her legitimate role in the social process of cooperation in the promotion of knowledge and good work, in the mutual counselling of Muslims to do all that is beneficial and avoid all that is objectionable, in their solidarity for the maintenance of their well-being and the defence of their establishment. God says, "The believing men and women, are associates and helpers of each other. They (collaborate) to promote all that is beneficial and discourage all that is evil; to establish prayers and give alms, and to obey God and his Messenger. Those are the people whom God would grant mercy. Indeed God is Mighty and Wise". (Al-Taubah, 71) The benefits drawn from that communal life of Muslims more than outweigh any preventive considerations in the segregation of sexes in ways not ordained or clearly implied in the formal text of the Sharia.

Women in Islam: Women in Muslim Society (Chapter 3)

The Muslims in history have experienced a significant deisation from the general ideals of life as taught by Islam. It is, therefore, not at all surprising that their loss is equally great in the area of social guidance which Islam offered regarding women. Whenever weakness creeps into the faith of Muslim men they tend to treat women oppressively and seek to exploit them. This is natural and is amply demonstrated by the fact that most of the rulings of the Quran regarding women were sent down as restrictions on at men with a view to preventing them from transgressing against women, as is their natural disposition and their actual practice in many societies. Only a few of the Quranic injunctions impose restrictions on women.
We here quote some of those rulings that guarantee a fair deal for women. "When you divorce women and they fulfil the term of their Iddat, then retain them in kindness or release them in kindness. But do not retain them to prejudice them or to take undue advantage. Do not take the revelations of God as a laughing matter. Remember God's grace upon you and that which he has revealed upon you of the scripture and of wisdom to exhort your. be pious and know that God is aware of all things. When you divorce women and they fulfil their term do not prevent them from marrying their former husbands, if they agree on equitable terms. That is an admonition for him among you who believes in God and the day of judgement and God knows, but you do not know". (Al-Bagarah, 231). "O you who believe, it is not lawful for you to inherit women against their will [by maliciously retaining them captive in formal marriage till death], nor to put constraint upon them to take away part of what you have given them unless they be guilty of flagrant lewdness. Consort with them in kindness for if you hate them it may happen that you hate something wherein God has placed much good". (Al-Nisa, 19). "When they have fulfilled their term, there is no blame on you if they [women] dispose of themselves in a decent and reasonable manner. And God is well aware of what you do" (Al-Bagarah, 234)
Most if not all of the verses of the Quran regarding oath (of abstinence from sex), divorce and Iddat (term of transition) were revealed to bring an end to the oppressive traditions and customs according to which a woman was retained in formal marital captivity and for long periods of time while her fate remained in suspense. The same is true of the verses concerning inheritance which restored rights which had been denied to her by guaranteeing her a definite share. Other verses were revealed which criticized the pessimism and dejection that used to attend a female birth and the abominable practices of female infanticide. The Quran says, "When any of them receives the tidings of the birth of a female his face becomes dark and he is filled with sulkiness. He keeps hiding from people because of the unfortunate news, [wondering] whether to hold on to it as a contemptible thing or just bury it in the soil. O! what a foul judgement". (Al-Nahal, 58-59). "When the [female] buried alive will be questioned: for what fault was she murdered?" (Al-Takwir, 8-9).
There are furthermore, many traditions of the Prophet (peace be upon him) which warn menfolk against meting out an ill-treatment to women, beating or detaining them. The Prophet said, "None of you will flog his wife like a donkey and later towards the end of the day have intercourse with her". (Bukhari). He once warned: "A large number of women have come to the Muhammads complaining about their husbands. Those husbands are not the best amongst you". (Riad Us-Saliheen). The Prophet's traditions encourage the Muslim to care for the good upbringing and education of women, and for their well-being in general: "The best of you is one who is best towards his family and I am best towards the family". (At-Tirmithy. "None but a noble man treats women in an honourable manner. And none but an ignoble treats women disgracefully"). (At-Tirmithy).
Weak commitment to religion tends to cultivate unjust and hostile treatment of women. For unlike man, a woman is created and brought up gentle and delicate. Performance of her natural functions keeps her away from the toughening experience of everyday public life. Man, uncultured by religion, tends to oppress her as is common in many a human society. Men normally purposefully keep women weak, and the jealousy which they entertain in respect of women induces them to multiply the means for restraining and monopolising them. They like to dominate the property and life of the female with a view to assert their vanity and arrogance.
Male jealousy is but one aspect of masculine capricious tendencies which only godly men are immune from and which inculcated the myth that women, by nature, suffer from excessive incapacity. Men use that fantasy as an excuse to ban women from active participation in the broad spectrum of human life and to deprive them of experience and training - thereby devitalizing and debilitating them in fact. and finding reason for further ill-treatment and prejudice. These male tendencies and the appending customs and ways are manifest in many societies where male arbitrariness runs amok with no religious or human limitation.
Take, for instance, the Arab, Persian and Indian Societies. Although the message of Islam has spread in these societies from early times, the teaching and inculcation of Islamic cultural values was not coextensive with the horizontal expansion. Consequently some pre-Islamic values and prejudices have continued to persist, despite the domination of islamic forms. In some cases there was manifest historical religious decline and a relapse to anterior social ethos and mores.
This phenomenon has sometimes occasioned an even more serious development. New or degenerate Muslim societies would sometimes, out of ignorance, attribute their un-Islamic legacy or custom to Islam itself. By attaching an Islamic value to these practices they seek to give them legitimacy and sanctity, the values of Islam being accepted as sacred and supreme. This explains the unabated influence on the minds of many otherwise good Muslims of attitudes abhorrent to Islam, especially in the sensitive area of sex relations where passion is strong and custom is sacrosanct.
Many latterly juristic rules and stratagems have been adopted to qualify the Sharia to suit cherished customs and traditions. For instance, with a view to do this, express provisions of the Sharia are sometimes compared and contrasted, not to give relative effect to all, but to claim the abrogation of provisions purporting to extend rights, immunities or liberties to women; or to restrict their general scope almost to a vanishing point. Another tricky approach is to read liberally and broaden the scope of rules granting authority to men, while reading literally and strictly those imposing limitations on women. This discriminatory attitude of interpretation is very widespread. Yet another aspect of this tendentious jurisprudence is to generalise the provisions of the Quran and the Sunna that were meant to apply exclusively to the Prophet or his wives due to their unique position.
But the most popular anti-feminist argument derives from the abuse of the juristic principle that means and preliminaries assume the value of their ends and results. Thus the maximum precautionary prohibitions have to be observed to bar approaches to sexual temptation and avoid its undesired consequences. But the proper jurisprudential judgement in the absence of an express provision is to balance in consideration the risks of temptation with the positive merits of the integration of men and women in Muslim society, and not to forfeit all freedom for some necessary reserve in social intercourse.
The traditional Muslim Society, which is over-impressed by its historical decline, had developed a general preference for circumspection and cautiousness over the demands of positive pursuits. It has become unduly conservative for fear that freedom of thought would lead astray and divide the community; and that freedom of women would degenerate into licentious promiscuity - so much that the basic religious rights and duties of women have been forsaken and the fundamentals of equality and fairness in the structure of Muslim Society, as enshrined in the Sharia, have been completely overlooked.
Pseudo-religious arguments have been advanced for justifying a complete metamorphosis of the patterns of social life initiated by the Prophet (peace be upon him) himself under the guidance of the Quran. The most popular is the claim that the magnificent Quranic and Sunnic regulations had relevance for the virtuous society which prevailed during the Prophet's own life. Later however, it is argued that people have changed and corruption became the order or succeeding societies and latter days. Hence the necessity to correct this degenerative tendency by adjusting the norms of social conduct in the sense of greater circumspection. This would be a liberal manner of interpretation that underlines the spirit and purpose rather than the letter of the law, in order to allow for a progressive application thereof. But this is not the prevailing manner of thinking among Muslims who advance conservative views on female affairs. They are normally very literal in their understanding of texts; but they tendentiously opt for an understanding that suits their prejudice. Islam is not a matter of a single rule that can be flexibly understood; it is a whole order of norms that establish the entire way of life or social structure of Islam, and is not liable to variation.
Furthermore, the claim is based on a pious but excessive overvaluation of the society of Madinah. In fact not all its members were like the rightly-guided companion of the Prophet; some elements were hypocrites or new converts not yet free of Jewish or pre-Islamic Arabic influences and manners. The very verses of the Quran that prescribe proper dress for ladies refer to the presence of hypocrites and rumour-mongers (Al-Ahzab 59-60). Whatever the comparative character of our present-day society the proper reform policy is to reshape it after the example of the Sunnie society by changing its deviant ways and re-establishing Islamic Social practices and institutions now in disuse. It is not sound social policy to submit to the dominant ways of the de facto historical society and then either to forsake Islamic institutions in an attempt to save some of the ideals in that alien social context.
The thought and practice of Muslims have come lately to misrepresent most of the doctrinal and normative teachings of Islam on female affairs. The female is hardly ever religiously addressed except through the mediation of the male and as an addendum to him. In the fallen society of Muslims, women have little freedom to marry the person she likes, or to separate from a husband she loathes. Nor is she, as wife, entitled to full consultation and gracious companionship by her husband. In many cases she hardly enjoys an equal opportunity to earn and own property, or the full capacity to manage her property or to dispose thereof. All sorts of subterfuges are employed to deny her inheritance. Her role in private life has been reduced to that of a housewife chosen not for her personal merit, for she was denied the education or the opportunity to acquire merit, but for the merit of her menfolk.
In the domain of public life she is not allowed to make any original contribution to the promotion of the religious quality of life. Whenever she was allowed to work towards the material development of life that was likely to be in a context of exploitation or as mundane work with little spiritual satisfaction or significance.
The greatest injustice visited upon women, is their segregation and isolation from the general society. Sometimes the slightest aspect of her public appearance would be considered a form of obscene exhibitionism. Even her voice was bracketed in the same category. Her mere presence at a place where men are also present was considered shameful promiscuity. She was confined to her home in a manner prescribed in Islam only as a penal sanction for an act of adultery. She was so isolated on the pretext that she might devote herself exclusively to the care of her children and the service of her husband. But how could she qualify for attending to domestic family affairs or to the rearing of children in a satisfactory manner without being herself versed through education or experience, in the moral and functional culture of the wider society?
 

Women in Islam: The Resurgence of Women (Chapter 4)

The traditional customs and practices of the historical Muslim Society could not have endured long in the face of challenges posed by alien cultures and unconventional patterns of life. The external influences are represented mainly in the ideological inroads of western civilization which have swept the whole of Muslim World. The Cultural domination of Muslims by the West has shattered their confidence in almost the whole legacy of ideas, Islamic and traditional. Furthermore Muslims have imbibed and assimilated cultural attitudes and modes which are very liberal with regard to women. This trend of women's liberation constituted a serious temptation for the downtrodden Muslim women.
The western liberal tendency has itself been a revolt against a sickly religious tradition which maltreated women in ways which closely resembled the aberrant traditional ways of the Muslims. In early European Society women were not equated with men in humanity or religion, in fundamental rights or obligations, nor in legal capacity or social consideration. The revolt of the new European society against religion and convention was universal. It was in particular a complete departure from the absolute homogeneous and monotheist order that once prevailed under the authority of the Church. Society became secular and humanistic in its values and therefore heterogeneous and free, pursuing no single ultimate end in life and tending to nonconformism and libertarianism. Thus, politics, economics, science and arts - all became free and autonomous. Likewise the petrified traditional forms of social life relating to sex relations and conduct broke down towards promiscuity, permissiveness and sexual indulgence. Like power, pleasure, knowledge and beauty, sex almost became an object of total uninhibited devotion. As a consequence the woman, once again, began to lose her primacy and autonomy as a human being, to become an object for physical pleasure and commercial promotion. Her purpose in life became more to realize her femininity than to fulfil her humanity. She would fake her natural physical aspect by all sorts of artificiality and cosmetic treatment or surgery: and waste her energy, wealth and time simply to maximize her seductiveness in the eyes of men. She would dress up, adorn herself and go out simply to attract, charm and excite, by her tempting nudity, beautiful form, sweet scent, delightful colours and sex appeal. This she would do to invite the fixed attention of men, to entice some to seek her privacy. Similarly the man, when overcome by the wanton pursuit of carnal pleasure would relate to women only as male, and would affect looks and conduct simply to attract them. He might waste all energy and wealth in satisfaction of his base desires. The privacy of sex is thereby shattered in society, matrimonial relations are subverted and the institution of family is undermined as the special stable milieu for nursing, rearing, and educating the child.
This way of life has become universal in the West; but some aspects of it have swept over most of the modern sectors of our Islamic societies, just as much as economic materialism and political secularism have spread to break some Muslims loose of their solid religious moorings and thereby to weaken the norms of social control in their life. This was brought about by the dominance of western culture and the debility of the Muslim society that has become prone to adulteration and blind imitation.
On the other hand, economic and social developments in Muslim lands have precipitated the destruction of the old social order. That order, with all its conventions and traditions was rooted in the past and could not withstand the change of circumstances. Neither man nor woman was holding on to the values of the past consciously, it was merely a legacy received from historical custom giving way to practices and developments of new times. Religion was hardly present in people's minds, and then only as a cultural value to sanctify custom. Anyway, religious values were waning as religious institutions which used to promote them date and die away.
As consciousness of the growing economic needs spread in the impoverished society of Muslims, and as they became less resistant to material temptation and more deprived of the close social ties of economic solidarity, the strong pressures for a better life swept away the reservations of the past. Fathers and husbands came to encourage daughters and spouses to go out, not in pursuit of knowledge or good works, but to earn a living and supplement the family income. Women took advantage of this new-found experience and power to assert their freedom from the vanity and authority of men. This was not so much a full choice of a new and better way of life, but a liberation from the old order: a revolt against control and a fancy of the permissive model of the West. Furthermore, increased urbanisation brought more people into a new and impersonal social context with little of the close community ties of acquaintance, kinship and solidarity, that used to cultivate regard for the norms of public decency or for family honour, and that was a deterrent to acts of indecency and ignominy. The crowded urban conditions brought about much more direct contact and, as a result, many occasions for temptation between men and women. The old-time institution of 'harem', the barrier of female privacy, was dismantled for practical considerations, with no compensating development of personal piety or moral barriers. The new urban attitude was one of indifference and emancipation. in lieu of the considerate, reserved attitude of before. Under the impact of cultural change and alien domination, the traditional society of Muslims is falling apart. No lamentations by conservatives over the changing times or tenacious clinging to the past would save much. The fate of the traditional way of Muslims would not be different from that of the European old orders when its theoretical and material foundations collapsed and new social values and structures were ushered in by the revolution. If conservatives hold on to rigid customary forms of the past and fail to direct the process of change according to Islamic guidance, the change will come to pass all the same; and even faster and more tragic than in the case of Europe, if only because the European example has become so compelling.
A revolution against the condition of women in the traditional Muslim societies is inevitable. The Islamists are urged by their own ideals to reform the traditional society and to close the gap between the fallen historical reality and the desired model of ideal Islam. This is even more urgent with respect to the present state of women. Contemporary social trends in an ever closer world require an early initiative to take the direction of change in hand before it takes its free course, when the alien trends take root and are assimilated, and it becomes too late to undertake right-guided Islamic reform. The Islamists should beware of an attitude that seeks refuge from the invading liberating western culture in the indigenous past as a lesser evil that should be preserved with some accommodation. Conservation is a wasted effort. The Islamists are worthy of the leadership of the movement of women's liberation from the traditional quagmire of historical Islam, and that of their resurgence towards the heights of ideal Islam. They should not leave their society at the mercy of the advocates of westernization who exploit the urgency of reform to deform society and lead it astray. The teachings of their own religion call upon Islamists to be the right-guided leaders for the salvation of men and women, emancipating them from the shackles of history and convention, and steering their life clear of the aberrations of mutative change.

SOURCES

1) Tafseer Ibn-Katheer
2) Tafseer Al-Tabari
3) Fath Al-Bari, By Ibn-Hajar Al-Asqalani Commentary on Sahih Al-Bukhari
4) Al Jami Al Saheeh By Al-Tirmithy
5) Saheeh Muslim
6) Sunan Abu Dawoud
7) Sunan Ibn-Maja
8) Al Isabah Fi Tamyeez Al Sahabah By Ibn-Hajar
9) Tabaqat By Ibn-Saad
10) Tareekh By Tabari
11) Sunan By Al Nisai

Gender Equity in Islam: Basic Principles

By Jamal Badawi, Ph.D.
Reproduced here with the permission of Dr. Jamal Badawi.
The 1999 edition. Copyright 1995-2000 Jamal Badawi
Dr. Jamal Badawi is the director of the Islamic Information Foundation, Halifax, Canada. Dr. Badawi is a professor of Management at Saint Mary University in Halifax. He has authored several books and articles on Islam and designed and participated in the production of nearly 350 half hour segments of a TV series on Islam.

Gender Equity: Preface

Alhamdu Lillahi wassalatu wassalamu ala Rasooli Allahi wa ala Alihi wa Sahbihi wa man walalah.

The issue of gender equity is important, relevant and current. Debates and writings on the subject are increasing and are diverse in their perspectives.
The Islamic perspective on the issue is the least understood and most misrepresented by non-Muslims and, at times, by some Muslims as well. The predominant local cultural practices in different parts of the world and the actions of some Muslims tend to reinforce erroneous perceptions of the Islamic perspective. These problems are enhanced by the tendency to treat some juristic interpretations as if they were identical with Islam.

As such, there is a pressing need to reexamine this issue in the light of the primary sources of Islam. This brief book is a call for such an over due task. It is based on a more detailed treatment by the author in album 4 of the Islamic Teachings audiotape series and may be a prelude to a more comprehensive work on the subject, Allah willing.
The author wishes to express his gratitude to all reviewers of the manuscript, especially Dr. Ahmad Zaki Hammad, who made several thoughtful comments. Any shortcoming or error is mine, and I seek both forgiveness and correction.
As a reader, your comments, criticisms and suggestions are appreciated and encouraged. Let us all engage in a collective search for truth, guided by the revelatory sources of Islam, the Quran and Sunnah.

Comments may be sent to the author:

Jamal Badawi
8 Laurel Lane, Halifax, NS, B3M 2P6, CANADA

Gender Equity: Introduction and Methodology

ISLAM AND CULTURAL PRACTICES

When writing or speaking about the Islamic position on any issue, one ought to clearly differentiate between the normative teachings of Islam and the diversity of cultural practices prevalent among its adherents that may or may not be consistent with those teachings. This paper discusses the normative teachings of Islam with regard to the standing and role of women in society as the criteria by which to judge the practice of Muslims and to evaluate their compliance with Islam.

PRIMARY SOURCES OF ISLAM

In identifying what is "Islamic," it is necessary to make a clear distinction between the primary sources of Islam–the Quran and the Sunnah of Prophet Muhammad (P)2–and the legal opinions derived from them by scholars in regard to specific issues.

FACTORS IN INTERPRETATION

The process of extracting laws from the primary sources is a human function. The surmise of legal practitioners may therefore vary considerably and be influenced by their specific times, circumstances and cultures. Obviously, opinions and verdicts of human beings do not enjoy the authority or the finality accorded to the primary sources, which God revealed. Furthermore, interpretation of the primary sources should consider, among other things:
1. The context of any statement or commandment in the Quran and the Sunnah.
In the case of the Qur'an, this includes both the context of the surah and the verses under examination, as well as the general perspective of Islam, its teachings, and its worldview. As for the Sunnah of the Prophet (P) the same applies to its texts.
2. The occasion of revelation, that is, the historical background providing the primary reasons or causes underlying revelation of a Qur'anic portion or verse to the Prophet (P) which may help to better elucidate its meaning; and, with regard to the Sunnah, the event or the incident that occasioned the statement or action of the Prophet
3. The role of Sunnah in explaining and defining the meaning of the Quranic text
To Muslims, Sunnah is a form of revelation as is the case with the Quran. As such, authentic Sunnah is the second primary source of Islamic teachings, after the Quran. It plays the important roles of defining, explaining and elaborating the Quranic text. For example, the second "pillar" of Islam, prayer, is mentioned in the Qurian but without details about how it should be performed. Such details were left for Prophet Muhammad (P) to explain based on the instructions of Angel Gabriel.
Disregard or ignorance of Sunnah may lead to serious errors of interpretation. At times, the literal or lexical meaning of a term used in the Quran may not be its correct meaning if the Prophet (P) qualified or specified what is meant by it. Errors are multiplied when an erroneous literal meaning is translated from the original Arabic text of the Quran into another language, which, in turn may have its own connotations for the translated words used. A detailed illustration of this type of error is provided in endnote 14.
Following the above methodology, and for the reader's convenience, the issue of gender equity is discussed under four broad headings:
Chapter 1: The Spiritual Aspect
Chapter 2: The Economic Aspect
Chapter 3: The Social Aspect
Chapter 4: The Political and Legal Aspect
It is hoped that, insha'Allah (God willing), this humble contribution may help in providing a basic frame of reference for more detailed treatments of this vital topic, from an Islamic perspective.

Gender Equity: The Spiritual Aspect (Chapter 1)

FOUNDATIONS OF SPIRITUAL AND HUMAN EQUITY

1. According to the Quran, men and women have the same human spiritual nature.
O mankind! reverence your Guardian-Lord,
Who created you from a single person
(nafsin-waahidah), created, of like nature, his
mate, and from them two scattered (like
seeds) countless men and women; reverence
Allah through Whom you demand your
mutual (rights) and (reverence) the wombs
(that bore you): for Allah ever watches over you…
(Quran 4:1)
It is He Who created you from a single
person and made his mate of like nature, in
order that he might dwell with her (in love).
When they are united, she bears a light burden
and carries it about (unnoticed). When
she grows heavy, they both pray to Allah,
their Lord (saying) "If You give us a goodly
child, we vow we shall (ever) be grateful."
(Quran 7:189)
(He is) the Creator of the heavens and the earth:
He has made for you pairs from among yourselves
and pairs among cattle: by this means does
He multiply you! There is nothing whatever like
unto Him, and He is the one that hears and
sees (all things). (Quran 42:11)
2. Both men and women alike are recipients of the "divine breath," because they are created with the same human spiritual nature. Indeed, as the Quran states, Allah originated them both from a single person or "one soul" (nafsin waahidah).
Reflecting the magnitude of this universal divine gift, the Quran states:
But He fashioned him (the human, or insan) in due
proportion and breathed into him something of His spirit.
And He gave you (the faculties of) hearing and sight and
understanding: Little thanks do you give! 3 (Quran 32:9)
Referring to Adam, the father of both men and women, the Quran relates that Allah commanded the angels to bow down (in respect) to him:
So if I have fashioned him (in due proportion) and
breathed into him of My spirit, fall down in
obeisance unto him. (Quran 15:29)
3. Allah has invested both genders with inherent dignity and has made men and women, collectively, the trustees of Allah on earth.
We have honored the children of Adam,
provided them with transport on land and
sea, given them for sustenance things good
and pure, and conferred on them special
favors above a great part of Our Creation.
(Quran 17:70)
Behold, your Lord said to the angels: "I
will create a vicegerent on earth." They said
"Will you place therein one who will make
mischief therein and shed blood? While we
celebrate Your praises and glorify Your holy
(name)?" He said: "I know what you know
not." (Quran 2:30)?
4. The Quran does not blame woman for the "fall of man," nor does it view pregnancy and childbirth as punishments for "eating from the forbidden tree." On the contrary, the Quran depicts Adam and Eve as equally responsible for their sin in the Garden, never singling out Eve for blame. It also esteems pregnancy and childbirth as sufficient reasons for the love and respect due to mothers from their children.
0 Adam! You and your wife dwell in the
garden and enjoy (its good things) as you
(both) wish: but approach not this tree or you
(both) run into harm and transgression.
Then Satan began to whisper suggestions
to them, bringing openly before their minds
all their shame that was hidden from them (before):
he said, "Your Lord only forbade you this tree
lest you (both) should become angels or such beings
as live forever.
"And he swore to them both that he was
their sincere adviser. So by deceit he brought
about their fall. When they tasted of the tree, their
shame became manifest to them and they
began to sew together the leaves of the garden over
their bodies. And their Lord called unto them:
"Did I not forbid you that tree and tell you that Satan
was an avowed enemy unto you?"
They said: "Our Lord! we have wronged our own souls:
If You forgive us not and bestow not upon us Your
mercy, we shall certainly be lost.
(Allah) said: "Get you (both) down with enmity between yourselves. On earth will be your dwelling place and your means of livelihood for a time." He said: "Therein shall you (both) live and therein shall you (both) die; and from it shall you (both) be taken out (at last)..."
0 you children of Adam! Let not Satan seduce you in
the same manner as he got your parents out of the garden,
stripping them of their raiment to expose their shame:
for he and his tribe watch you from a position where
you cannot see them: We made the evil ones friends
(only) to those without faith.4 (Quran 7:19-27)
Regarding pregnancy and childbirth, the Quran states:
And We have enjoined on (every) person
(to be good) to his/her parents: in travail
upon travail did his/her mother bear him/her
and in years twain was his/her weaning:
(hear the command) show gratitude to Me
and to your parents: to Me is (your final)
Goal." (Quran 31:14)
We have enjoined on (every) person kindness
to his/her parents: in pain did his/her
mother bear him/her and in pain did she give
him/her birth. The carrying of the (child) to
his/her weaning is (a period of) thirty months.
At length, when he/she reaches the age of full
strength and attains forty years, he/she says
"O my Lord! grant that I may be grateful for
Your favor which You have bestowed upon
me and upon both my parents and that I may
work righteousness such as You may approve;
and be gracious to me in my issue. Truly have
I turned to You and truly do I bow (to You) in
Islam (submission)." (Quran 46:15) 5
5. Men and women have the same religious and moral duties and responsibilities.
Each human being shall face the consequences of his or
her deeds. And their Lord has accepted of them and
answered them: "Never will I suffer to be lost
the work of any of you, be he/she male or
female: you are members one of another... (Quran 3:1 95)
If any do deeds of righteousness, be they male or female,
and have faith, they will enter paradise and not the least
injustice will be done to them. (Quran 4:124)
For Muslim men and women, for believing men and women,
for devout men and women, for true men and women, for
men and women who are patient and constant, for men and
women who humble themselves, for men and women who
give in charity, for men and women who fast (and deny
themselves), for men and women who guard their chastity,
and for men and women who engage much in Allah's praise
for them has Allah prepared forgiveness and great reward.
(Quran 33:35)
One Day you shall see the believing men and the believing
women, how their Light runs forward before them and by
their right hands. (Their greeting will be): "Good News for
you this Day! Gardens beneath which flow rivers! To dwell
therein forever! This is indeed the highest Achievement!"
(Quran 57:1 2)

CRITERION FOR "SUPERIORITY"

The Quran is quite clear about the issue of the claimed superiority or inferiority of any human.
O mankind! We created you from a single (pair) of a male
and a female, and made you into nations and tribes, that you
may know each other. Verily the most honored of you in the
sight of Allah is (one who is) the most righteous of you.
And Allah has full knowledge and is well acquainted
(with all things).(Quran 49:13)
A few observations about this verse may be helpful in tracing the foundation of spiritual and human equality before Allah:
a. It begins by addressing not only Muslims but the whole of mankind, irrespective of their gender and their national or religious backgrounds. As such, it is a universal declaration to all made by the Creator of all.
b. It states that there is only One Creator of all mankind. As such there is no room for arguments of superiority based on one's having been created by a "superior" God, as there is only One God (Allah). Nor is there any basis for a caste system based on some having been created in a way which is "different" from others or is superior. As Prophet Muhammad (P) explained, " . . . You all belong to Adam, and Adam was created from dust." In the process of human reproduction, there is no superiority or inferiority; kings and paupers, males and females, are created from what the Quran describes as "despised fluid."
Our having been created by the One and Only Creator implies our basic equality before Him; He is just to all.
c. Being a faithful creature, servant and worshipper of the One God is at the heart of one's real spirituality and humanness. In this, the essence of gender equality finds its most profound basis.
d. The verse states that all human beings are created min thakarin wa untha, which can be translated literally as "of male and female." This means in pairs, as the Quran explicitly mentions elsewhere (e.g. 78:8). Each component of the pair is as necessary and as important as the other and hence is equal to him or her. The wording of this verse has been commonly translated also as "from a (single pair of) a male and a female," referring to Adam and Eve. This serves as a reminder to all mankind that they belong to the same family, with one common set of parents. As such they are all equal, as brothers and sisters in that broad and "very extended" family.
e. Variations in gender, languages, ethnic backgrounds and, by implication, religious claims, do not provide any basis for superiority or inferiority. The implication of "that you may know each other"(Quran 49:13) is that such variations constitute a deliberate mosaic that Allah created, which is more interesting and more beautiful than a single "color" or a "unisex. "
f. Most significant and relevant to the topic at hand is the clear categorical statement that the most honored person in the sight of Allah is the one who is most pious and righteous. This precludes any other basis for superiority, including gender.
6. Nowhere does the Quran state that one gender is superior to the other. Some interpreters of the Quran mistakenly translate the Arabic word qiwamah (responsibility for the family) with the English word "superiority." The Quran makes it clear that the sole basis for the superiority of any person over another is piety and righteousness, not gender, color or nationality.
7. The absence of women as prophets or "messengers of Allah" in prophetic history is because of the demands and physical suffering associated with the role of messengers and prophets and not because of any spiritual inferiority attributed to women.6 Societies to which prophets were sent, including the Israelites, pre-Islamic Arabs and others, were largely patriarchal societies. They probably would have been less responsive to the ministry of female messengers of God. In fact, they made things extremely difficult for male messengers.
From this chapter, it is clear that in terms of spirituality and humanness, both genders stand on equal footing before Allah. It is clear also that nowhere in the primary sources of Islam (the Quran and Sunnah) do we find any basis for the superiority of one gender over the other. Human misinterpretations, culturally-bound opinions or manipulations are not congruent with what Islam teaches. The full equality of all human beings before Allah is beyond doubt. This equality differentiation in the spirit of cooperation and complimentarity. This is why equity is a more accurate term than "equality," as explained in endnote 1 and as applied in the remaining chapters.

Gender Equity: The Economic Aspect (Chapter 2)

THE RIGHT TO POSSESS PERSONAL PROPERTY

One aspect of the world-view of Islam is that everything in heaven and on earth belongs to Allah:
To Allah belongs all that is in the heavens and on earth. . .
(Quran 2:284)

As such, all wealth and resources are ultimately "owned" by Allah. However, out of Allah's mercy He created mankind to be, collectively, His trustees on earth. In order to help mankind fulfill this trusteeship, he made the universe serviceable to mankind:
And He (Allah) has subjected to you, as from Him, all that is in the heavens and on earth: behold, in that are signs indeed for those who reflect. (Quran 45:13)

It is the human family that is addressed in the above, and in other verses of the Quran. And since that family includes both genders, it follows that the basic right to personal possession of property (as Allah's trustees) applies equally to males and females. More specifically:

1. The Shariah (Islamic Law) recognizes the full property rights of women before and after marriage. They may buy, sell or lease any or all of their properties at will. For this reason, Muslim women may keep (and in fact they have traditionally kept) their maiden names after marriage, an indication of their independent property rights as legal entities.7

FINANCIAL SECURITY AND INHERITANCE LAWS

2. Financial security is assured for women. They are entitled to receive marital gifts without limit and to keep present and future properties and income for their own security, even after marriage. No married woman is required to spend any amount at all from her property and income on the household. In special circumstances, however, such as when her husband is ill, disabled or jobless, she may find it necessary to spend from her earnings or savings to provide the necessities for her family. While this is not a legal obligation, it is consistent with the mutuality of care, love and cooperation among family members. The woman is entitled also to full financial support during marriage and during the waiting period (iddah) 8 in case of divorce or widowhood. Some jurists require, in addition, one year's support for divorce and widowhood (or until they remarry, if remarriage takes place before the year is over).

A woman who bears a child in marriage is entitled to child support from the child's father. Generally, a Muslim woman is guaranteed support in all stages of her life, as a daughter, wife, mother or sister. The financial advantages accorded to women and not to men in marriage and in family have a social counterpart in the provisions that the Quran lays down in the laws of inheritance, which afford the male, in most cases, twice the inheritance of a female. Males inherit more but ultimately they are financially responsible for their female relatives: their wives, daughters, mothers and sisters. Females inherit less but retain their share for investment and financial security, without any legal obligation to spend any part of it, even for their own sustenance food, clothing, housing, medication, etcetera).

It should be noted that in pre-Islamic society, women themselves were sometimes objects of inheritance (see Quran 4:19). In some Western countries, even after the advent of Islam, the whole estate of the deceased was given to his/her eldest son. The Quran, however, made it clear that both men and women are entitled to a specified share of the estate of their deceased parents or close relations:
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)

EMPLOYMENT

With regard to the woman's right to seek employment, it should be stated first that Islam regards her role in society as a mother and a wife as her most sacred and essential one. Neither maids nor baby sitters can possibly take the mother's place as the educator of an upright, complex-free, and carefully reared child. Such a noble and vital role, which largely shapes the future of nations, cannot be regarded as "idleness." This may explain why a married woman must secure her husband's consent if she wishes to work, unless her right to work was mutually agreed to as a condition at the time of marriage.

However, there is no decree in Islam that forbids women from seeking employment whenever there is a necessity for it, especially in positions which fit her nature best and in which society needs her most. Examples of these professions are: nursing, teaching (especially children), medicine, and social and charitable work. Moreover, there is no restriction on benefiting from women's talent in any field. Some early jurists, such as Abu Hanifah and Al-Tabari, uphold that a qualified Muslim woman may be appointed to the position of a judge. Other jurists hold different opinions. Yet, no jurist is able to point to an explicit text in the Quran or Sunnah that categorically excludes women from any lawful type of employment except for the headship of the state, which is discussed in the following chapter. Omar, the second Caliph after the Prophet (P), appointed a woman (Um Al-Shifaa' bint Abdullah) as the marketplace supervisor, a position that is equivalent in our world to "director of the consumer protection department."

In countries where Muslims are a numerical minority, some Muslim women, while recognizing the importance of their role as mothers, may be forced to seek employment in order to survive. This is especially true in the case of divorcees and widows and in the absence of the Islamic financial security measures outlined above.

Gender Equity: The Social Aspect (Chapter 3)

AS A DAUGHTER

1. The Quran ended the cruel pre-Islamic practice of female infanticide, wa'd:
When the female (infant) buried alive is questioned
for what crime she was killed (Quran 81:8-9)

2. The Quran went further to rebuke the unwelcoming attitude of some parents upon hearing the news of the birth of a baby girl, instead of a baby boy:
When news is brought to one of them of (the birth of) a female (child), his face darkens and he is filled with inward grief! With shame he hides himself from his people because of the bad news he has had! Shall he retain her on (sufferance and) contempt or bury her in the dust? Ah! what an evil (choice) they decide on! (Quran 16:58-59)

3. Parents are duty-bound to support and show kindness and justice to their daughters. Prophet Muhammad (P) said,
Whosoever has a daughter and does not bury her alive, does not insult her, and does not favor his son over her, Allah will enter him into Paradise. (Ahmad)
Whosoever supports two daughters until they mature, he and I will come on the day of judgment as this (and he pointed with his two fingers held together). (Ahmad)9

4. A crucial aspect in the upbringing of daughters that greatly influences their future is education. Education is not only a right, but a responsibility for all males and females. Prophet Muhammad (P) said, "Seeking knowledge is mandatory for every Muslim.'10 The word "Muslim" here is inclusive of both males and females.

AS A WIFE

1. Marriage in Islam is based on mutual peace, love and compassion, and not the mere satisfying of human sexual desire.
And among His Signs is this, that He created for you mates from among yourselves that you 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. (Quran 30:21)

(He is) the Creator of the heavens and the earth: He has made for you pairs from among yourselves and pairs among cattle: by this means does He multiply you: there is nothing whatever like unto Him and He is the One that hears and sees (all things). (Quran 42:11)

MARRIAGE AND DIVORCE

2. The female has the right to accept or reject marriage proposals. Her consent is a prerequisite to the validity of the marital contract, according to the Prophet's teaching. It follows that if an "arranged marriage" means the marrying of a female without her consent, then such a marriage may be annulled if the female so wishes:
Ibn Abbas reported that a girl came to the Messenger of Allah, and she reported that her father had forced her to marry without her consent. The Messenger of God gave her the choice ...(between accepting the marriage or invalidating it) (Ahmad, Hadith No.2469).
Another version of the report states that "the girl said: 'Actually, I accept this marriage, but I wanted to let women know that parents have no right to force a husband on them."' (Ibn-Majah).11

3. The husband is responsible for the maintenance, protection, and overall leadership (qiwamah) of the family, within the framework of consultation and kindness. The mutuality and complementarity of husband and wife does not mean "subservience" by either party to the other. Prophet Muhammad (P) helped with household chores although the responsibilities he bore and the issues he faced in his community were immense.
The mothers shall give suck to their offspring for two whole years, if the father desires to complete the term. But he shall bear the cost of their food and clothing on equitable terms. No soul shall have a burden laid on it greater than it can bear. No mother shall be treated unfairly on account of her child, nor father on account of his child. An heir shall be chargeable in the same way. If they both decide on weaning by mutual consent, and after due consultation, there is no blame on them. If you decide on a foster-mother for your offspring, there is no blame on you, provided you pay (the mother) what you offered on equitable terms. But fear Allah and know that Allah sees well what you do. (Quran 2:233)

Prophet Muhammad (P) instructed Muslims regarding women, "I commend you to be kind to women.'l2 He said also, "The best of you is the best to his family (wife).13 The Quran urges husbands to be kind and considerate to their wives, even if a wife falls out of favor with her husband or disinclination for her arises within him. It also outlawed the pre-lslamic Arabian practice whereby the stepson of the deceased father was allowed to take possession of his father's widow(s) (inherit them) as if they were part of the estate of the deceased:
O you who believe! You are forbidden to inherit women against their will. Nor should you treat them with harshness, that you may take away part of the marital gift you have given them, except when they have been guilty of open lewdness; on the contrary, live with them on a footing of kindness and equity. If you take a dislike to them, it may be that you dislike a thing through which Allah brings about a great deal of good. (Quran 4:19)

Should marital disputes arise, the Quran encourages couples to resolve them privately in a spirit of fairness and probity. Under no circumstances does the Quran encourage, allow, or condone family violence or physical abuse. In extreme cases, and whenever greater harm, such as divorce, is a likely option, it allows for a husband to administer a gentle pat to his wife that causes no physical harm to the body nor leaves any sort of mark. It may serve, in some cases, to bring to the wife's attention the seriousness of her continued unreasonable behavior (refraction), and may be resorted to only after exhausting other steps discussed in endnote 14. If that mild measure is not likely to prevent a marriage from collapsing, as a last measure, it should not be resorted to. Indeed, the Quran outlines an enlightened step and a wise approach for the husband and wife to resolve persistent conflict in their marital life: In the event that dispute cannot be resolved equitably between husband and wife, the Quran prescribes mediation between the parties through family intervention on behalf of both spouses.14

4. Divorce is a last resort, permissible but not encouraged, for the Quran esteems the preservation of faith and the individual's right—male and female alike—to felicity. Forms of marriage disso-lution include an enactment based upon mutual agreement, the husband's initiative, the wife's initiative (if part of her marital contract), the court's decision on a wife's initiative (for a legitimate reason), and the wife's initiative without a "cause," provided that she returns her marital gift to her husband (khul', or divestiture).15

5. Priority for the custody of young children (up to the age of about seven) is given to the mother. A child later may choose the mother or father as his or her custodian. Custody questions are to be settled in a manner that balances the interests of both parents and the well-being of the child.16

POLYGYNY

1. Associating polygyny with Islam, as if it were introduced by it or is the norm according to its teachings, is one of the most persistent myths perpetuated in Western literature and media. No text in the Quran or Sunnah explicitly specifies either monogamy or polygyny as the norm, although demographic data indicates strongly that monogamy is the norm and polygyny the exception.

In almost all countries and on the global level, the numbers of men and women are almost even, with women typically slightly outnumbering men. As such, it is a practical impossibility to regard polygyny as the norm, since it assumes a demographic structure of at least two-thirds females and one third males (or eighty percent females and twenty percent males, if four wives per male is the norm!). No Quranic "norm" is based on an impossible assumption.17 The Quran was revealed by Allah, Who is the creator of males and females. Allah created about equal numbers of human males and females. This is His law in the physical world. It follows that His "norms" in the social realm must be consistent with His norms in the physical realm. Only monogamy fits as a universal norm, with polygamy as an exception.

2. Islam did not outlaw polygyny, as did many other peoples and religious communities; rather, it regulated and restricted it. It is neither required nor encouraged, but simply permitted and did not outlaw. Edward Westermarck gives numerous examples of the sanctioning of polygyny among Jews, Christians and others.18

3. The only passage in the Quran (4:3) that explicitly addresses polygyny and restricts its practice, in terms of the number of wives permitted and the requirement of justice between them on the part of the husband, was revealed after the Battle of Uhud, in which dozens of Muslims were martyred, leaving behind widows and orphans. This seems to indicate that the intent of its continued permissibility, at least in part, is to deal with individual and collective contingencies that may arise from time to time (e. g., imbalances between the number of males and females, created by war). This provides a moral, practical and humane solution to the problems of widows and orphans, who would otherwise surely be more vulnerable in the absence of a husband and father figure in terms of economics, companionship, proper child rearing and other needs.
If you fear that you shall not be able to deal justly with the orphans, marry women of your choice, two or three or four; but if you fear that you shall not be able to deal justly (with them), then only one. . . (Quran 4:3)

4. It is critically important to point out with regard to polygyny that all parties involved have options. Men may choose to remain monogamous. A proposed second wife may reject the marriage proposal if she does not wish to be party to a polygynous marriage. A prospective first wife may include in her marital contract a condition that her prospective husband shall practice monogamy. If this condition is mutually accepted, it becomes binding on the husband. Should he later violate this condition, his first wife will be entitled to seek divorce with all the financial rights connected with it. If such a condition was not included in the marital contract, and if the husband marries a second wife, the first wife may seek khul (divestiture), explained in endnote 15.

While the Quran allowed polygyny, it did not allow polyandry (a woman's marriage to multiple husbands). Anthropologically speaking, polyandry is quite rare. Its practice raises thorny problems related to the lineal identity of children and the law of inheritance, both important issues in Islamic law.

In the case of polygyny, the lineal identities of children are not confused. They all have the same father and each of them knows his or her mother. In the case of polyandry, however, only the mother is known for sure. The father could be any of the "husbands" of the same wife. In addition to lineal identity problems, polyandry raises problems relating to inheritance law. For example, which of the children inherits or shares in the estate of a deceased "probable" father?

AS A MOTHER

1. The Quran elevates kindness to parents (especially mothers) to a status second only to the worship of Allah.
Your Lord has decreed that you worship none but Him and that you be kind to parents. Whether one or both of them attain old age in your life, say not to them a word of contempt nor repel them, but address them in terms of honor. (Quran 17:23)

And We have enjoined on every human being (to be good) to his/her parents: in travail upon travail did his/her mother bear him/her and in years twain was his/her weaning: (hear the command) "Show gratitude to Me and to your parents: to Me is (your final) destiny." (Quran 31:14)

2. Naturally, the Prophet specified this behavior for his followers, rendering to mothers an unequaled status in human relationships.
A man came to Prophet Muhammad (P) asking, "0 Messenger of Allah, who among the people is the most worthy of my good companionship?" The Prophet (P) said, "Your mother". The man said, "Then, who is next?" The Prophet (P) said, "Your mother." The man said, "Then, who is next?" The Prophet (P) said, "Your mother." The man further asked, "Then who is next?" Only then did the Prophet (P) say, "Your father. " (Al-Bukhari) 19

AS A SISTER IN FAITH (GENERALLY)

1. According to Prophet Muhammad's (P) saying, "Women are but sisters (shaqaiq, or twin halves) of men."20 This hadith is a profound statement that directly relates to the issue of human equality between the genders. If the first meaning of shaqaiq is adopted, it means that a male is worth one half (of society), with the female worth the other half. Can "one half" be better or bigger than the other half? Is there a more simple but profound physical image of equality? If the second meaning, "sisters," is adopted, it implies the same. The term "sister " is different from "slave " or "master. "

2. Prophet Muhammad (P) taught kindness, care and respect toward women in general ("I commend you to be kind to women").21 It is significant that such instruction of the Prophet (P) was among his final instructions and reminders in the "farewell pilgrimage" address given shortly before his passing away.

MODESTY AND SOCIAL INTERACTION

1. There exists a gap between the normative behavior regarding women outlined in the Quran and the prevalent reality among Muslims, both as societies in the Muslim world and as communities in the West. Their diverse cultural practices reflect both ends of the continuum—the liberal West and the ultra-restrictive regions of the Muslim world. Some Muslims emulate non Islamic cultures and adopt their modes of dress, unrestricted mixing, and behavior, which influence them and endanger their families' Islamic integrity and strength. On the other hand, in some Muslim cultures undue and excessive restrictions for women, if not their total seclusion, is believed to be the ideal. Both extremes seem to contradict the normative teachings of Islam and are not consistent with the virtuous yet participative nature of both men and women in society at the time of the Prophet Muhammad (P).

2. The parameters of proper modesty for males and females (dress and behavior) are based on revelatory sources (the Quran and authentic Sunnah) and, as such, are regarded by believing men and women as Divinely-based guidelines with legitimate aims and Divine wisdom behind them. They are not male-imposed or socially imposed restrictions.

3. The near or total seclusion of women is alien to the prophetic period. Interpretive problems in justifying seclusion reflect, in part, cultural influences and circumstances in different Muslim countries. There is ample evidence in authentic (sound) hadith supporting this thesis. Women at the Prophet's (P) time and after him participated with men in acts of worship, such as prayers and pilgrimage, in learning and teaching, in the market place, in the discussion of public issues (political life), and in the battlefield when necessary.22

Gender Equity: The Legal and Political Aspect (Chapter 4)

EQUALITY BEFORE THE LAW

1. Both genders are entitled to equality before the law and courts of law. Justice is genderless. According to the Quran, men and women receive the same punishment for crimes such as theft (5:38), fornication (24:2) 23 murder and injury (5:45). Women do possess an independent legal entity in financial and other matters. One legal issue is widely misunderstood: testimony. A common but erroneous belief is that as a "rule," the worth of women's testimony is one half of men's testimony. A survey of all passages in the Quran relating to testimony does not substantiate this claimed "rule."

TESTIMONY

Most Quranic references to testimony (witness) do not make any reference to gender. Some references fully equate the testimony of males and females.
And for those who launch a charge against their spouses and have (in support) no evidence but their own, their solitary evidence(can be received) if they bear witness four times (with an oath) by Allah that they are solemnly telling the truth; And the fifth (oath) (should be) that they solemnly invoke the curse of Allah on themselves if they tell a lie. But it would avert the punishment from the wife if she bears witness four times (with an oath) by Allah that (her husband) is telling a lie; And the fifth (oath) should be that she solemnly invokes the wrath of Allah on herself if (her accuser) is telling the truth. (Quran 24:6-9)

One reference in the Quran distinguishes between the witness of a male and a female. It is useful to quote this reference and explain it in its own context and in the context of other Quranic references to testimony:
O you who believe! When you deal with each other in transactions involving future obligations in a fixed period of time, reduce them to writing. Let a scribe write down faithfully as between the parties: let not the scribe refuse to write: as Allah has taught him, so let him write. Let him who incurs the liability dictate, but let him fear his Lord, Allah, and not diminish aught of what he owes. If the party liable is mentally deficient, or weak, or unable himself to dictate, let his guardian dictate faithfully. And get two witnesses out of your own men, and if there are not two men, then a man and two women, such as you choose for witnesses so that if one of them errs, the other can remind her.
The witnesses should not refuse when they are called on (for evidence). Disdain not to reduce to writing (your contract) for a future period, whether it be small or big: it is more just in the sight of Allah, more suitable as evidence, and more convenient to prevent doubts among yourselves, but if it be a transaction which you carry out on the spot among yourselves, there is no blame on you if you reduce it not to writing. But take witnesses whenever you make a commercial contract; and let neither scribe nor witness suffer harm. If you do (such harm), it would be wickedness in you. So fear Allah; for it is Allah that teaches you. And Allah is well acquainted with all things. (Quran 2:282)

A few comments on this text are essential in order to prevent common misinterpretations:

a. It cannot be used as an argument that there is a general rule in the Quran that the worth of a female's witness is only half the male's. This presumed "rule" is voided by the above reference (24:6-9), which explicitly equates the testimony of both genders on the issue at hand.

b. The context of this passage (verse, or ayah) relates to testimony on financial transactions, which are often complex and laden with business jargon. The passage does not a make blanket generalization that would otherwise contradict 24:6-9, cited above.

c. The reason for variations in the number of male and female witnesses required is given in the same passage. No reference is made to the inferiority or superiority of one gender's witness or the other's. The only reason given is to corroborate the female's witness and prevent unintended errors in the perception of the business deal. The Arabic term used in this passage, tadhilla, literally means "loses the way," "gets confused," or "errs." But are females the only gender that may err and need corroboration of their testimony? Definitely not, and that is why the general rule of testimony in Islamic law is to have two witnesses, even when they are both male.

One possible interpretation of the requirements related to this particular type of testimony is that in numerous societies, past and present, women generally may not be heavily involved with and experienced in business transactions. As such, they may not be completely cognizant of what is involved. Therefore, corroboration of a woman's testimony by another woman who may be present ascertains accuracy and, hence, justice. It would be unreasonable to interpret this requirement as a reflection on the worth of women's testimony, as it is the only exception discerned from the text of the Quran. This may be one reason why a great scholar like Al-Tabari could not find any evidence from any primary text (Quran or hadith) to exclude women from something more important than testimony: being herself a judge who hears and evaluates the testimony of others.

d. It must be added that unlike pure acts of worship, which must be observed exactly as taught by the Prophet (P), testimony is a means to an end, ascertaining justice as a major objective of Islamic law. Therefore, it is the duty of a fair judge to be guided by this objective when assessing the worth and credibility of a given testimony, regardless of the gender of the witness. A witness of a female graduate of a business school is certainly far more worthy than the witness of an illiterate person with no business education or experience.

PARTICIPATION IN SOCIAL AND POLITICAL LIFE

2. The general rule in social and political life is participation and collaboration of males and females in public affairs.
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 apostle. On them will Allah pour His mercy: for Allah is Exalted in power, Wise. (Quran 9:7)

3. There is sufficient historical evidence of participation by Muslim women in the choice of rulers, in public issues, in lawmaking, in administrative positions, in scholarship and teaching, and even in the battlefield. Such involvement in social and political affairs was conducted without the participants' losing sight of the complementary priorities of both genders and without violating Islamic guidelines of modesty and virtue.

WOMEN IN LEADERSHIP POSITIONS

There is no text in the Quran or Sunnah that precludes women from any position of leadership, except in leading prayer (however, women may lead other women in prayer), due to the format of prayer, as explained earlier. There are exceptions even to this general rule, as explained later in this chapter. Another common question relates to the eligibility of Muslim women to be heads of state.

There is no evidence from the Quran to preclude women from headship of state. Some may argue that according to the Qurtan (4:34), men are the protectors and maintainers of women. Such a leadership position (responsibility, or qiwamah) for men in the family unit implies their exclusive leadership in political life as well. This analogy, however, is far from conclusive. Qiwamah deals with the particularity of family life and the need for financial arrangements, role differentiation, and complementarity of the roles of husband and wife. These particularities are not necessarily the same as the headship of state, even if some elements may be similar. Therefore, a Quranically based argument to exclude women from the headship of state is neither sound nor convincing. Most arguments for exclusion, however, are based on the following hadith, narrated by Abu Bakrah:

During the battle of Al-Jamal (in which Aisha, the Prophet's widow, led an army in opposition to Ali, the fourth Caliph), Allah benefitted me with a word. When the Prophet heard the news that the people of Persia had made the daughter of Khosrau their queen (ruler), he said, "Never will such a nation succeed as makes a woman their ruler."24

While this hadith has been commonly interpreted to exclude women from the headship of state, other scholars do not agree with that interpretation. The Persian rulers at the time of the Prophet (P) showed enmity toward the Prophet (P) and toward his messenger to them. The Prophet's response to this news may have been a statement about the impending doom of that unjust empire, which did take place later, and not about the issue of gender as it relates to headship of the state in itself. Z. Al-Qasimi argues that one of the rules of interpretation known to Muslim scholars is that there are cases in which the determining factor in interpretation is the specificity of the occasion (of the hadith) and not the generality of its wording. Even if the generality of its wording is to be accepted, that does not necessarily mean that a general rule is applicable, categorically, to any situation. As such, the hadith is not conclusive evidence of categorical exclusion.25

Some argue that since women are excluded from leading the prayer for a mixed gathering of men and women, they should be excluded from leading the state as well. This argument, however, overlooks two issues: (1) Leading the prayer is a purely religious act and, given the format of Muslim prayer and its nature, it is not suitable for women to lead a mixed congregation. This point was discussed earlier. Leading the state, however, is not a "purely" religious act but a religiously based political act. Exclusion of women in one instance does not necessarily imply their exclusion in another.26
(2) Even the matter of whether women may lead prayer is not without exception. Prophet Muhammad (P) asked a woman by the name of Umm Waraqah to lead her household in prayer, which included a young girl, a young boy, and a mu'azzin (caller to prayer—who is always a male).27

Al-Qasimi notes that the famous jurist, Abu-Ya'la Al-Farra' (known for his writings on the political system of Islam), did not include among the qualifications of the imam (head of state) being a male.28 It should be noted, however, that the head of state in Islam is not a ceremonial head. He leads public prayers on some occasions and constantly travels and negotiates with officials of other states (who generally are men). He may be involved in confidential meetings with them. Such heavy and secluded involvement of women with men and its necessary format may not be consistent with Islamic guidelines related to the proper interaction between the genders and to the priority of feminine functions at home and their value to society.

Furthermore, the conceptual and philosophical background of the critics of this limited exclusion is that of individualism, ego satisfaction, and the rejection of the validity of divine guidance in favor of other man-made philosophies, values or "isms." The ultimate objective of a Muslim man or woman, however, is to selflessly serve Allah and the Ummah in whatever appropriate capacity. In the incident of Al-Hudaybiyah, Umm Salamah, a wife of the Prophet (P), played a role equal to what we would refer to today as "chief advisor of the head of state."

Gender Equity: The Ideal and the Reality (Conclusion)

ISLAMIC REFORMATION AND RENEWAL

This work focuses on the normative, or ideal, relating to gender equity in Islam. This ideal may serve as a yardstick against which the reality of present-day Muslims should be evaluated. It serves also as the objective toward which any Islamic reformation and renewal should be directed, reformation of wrong practices and renewal of adherence to the Islamic ideal.
When assessing the realities of Muslims, two extremes should be avoided:
1. Justifying injustices done to most Muslim women by religiously flavored cultural arguments
Most problematic in that extreme is the subtle assumption of the "correctness" of traditional cultural practices and attitudes, followed by a selective search for endorsement in the primary sources of Islam.
2. Failing to see numerous positive aspects in Muslim societies, such as family stability and cohesiveness, the respect and adoration of mothers, and the sense of self-fulfillment of women who are not frequently seen in public; in the meantime, painting a stereotypical picture of Muslim women as ignorant, submissive, oppressed and almost totally enslaved by women-hating chauvinist men.
The focus on injustices and on magnifying them is sometimes partly based on questionable interpretations of outsiders' observations. For example, the smaller percentage of career women in many Muslim societies is interpreted in a Western framework and is seen as an indication of Muslims' oppressing women and depriving them of job opportunities. Little attention, if any, is given to the personal choices of Muslim women and their concepts of family happiness, which may or may not be the same choices or concepts of their non-Muslim sisters.

RELATING TO INTERNATIONAL BODIES AND MOVEMENTS

Once an objective and fair assessment of Muslim practices is made, it should be compared with the normative teachings of Islam. There are enough indications to show that a gap does exist between the ideal and the real. Given the existence of such a gap, a wide gap at times, it follows that Muslim reformers and other international bodies and movements share at least one thing in common: an awareness of the need to close or at least narrow that gap. The problem arises, however, as to the most effective frame of reference and to the particulars of implementation.
International bodies and women's rights organizations tend to consider documents and resolutions passed in conferences as the ultimate basis and standard expected of all diverse peoples, cultures and religions. Committed Muslims, however, both men and women, believe in the ultimate supremacy of what they accept as God's Divine revelation (the Quran and authentic hadith). To tell Muslims that one's religious convictions should be subservient to "superior" man-made (or woman-made) standards or to secular humanism, is neither acceptable nor practical. Even if pressures, economic and otherwise, are used to bring about compliance with such resolutions or documents, the resulting changes are not likely to be deep-rooted and lasting. For Muslims, divine injunctions and guidance are not subject to a "voting" procedure or to human election, editing, or whimsical modifications. They constitute, rather, a complete way of living within Islam's spiritual, moral, social, political and legal parameters. Imposed cultural imperialism is not the solution.

IMPOSITION OR REFORM FROM WITHIN

On the other hand, reformation from within requires the following:
1. Social scientists, legislators and rulers should avoid using the argument of cultural particularity to justify anti-Islamic and non-Islamic practices and to continue oppressing men and women alike.
2. Scholars should not continue to quote and repeat some of the long-standing juristic interpretations as if they were equal in authority and finality to the two primary sources of Islam. Nor should they engage in a fragmentary and selective approach in seeking justification of the erroneous status quo. They should realize that even the greatest of jurists are fallible humans, whose interpretations have been affected by the culture and circumstances under which they have lived. With the host of pressing and significant contemporary issues, a fresh ijtihad (interpretation) is needed.
One of the main obstacles in the way of such a reexamination of some of the traditional views is worry on the part of some scholars about the reaction of other scholars or of the public to their conclusions. Yet, it is not the duty of the scholar to speak for what others want or expect. A qualified scholar is duty-bound to give practical answers to contemporary issues and problems without losing sight of the boundaries of proper interpretation. In the final analysis, it is Muslims' practices and understanding that need revision, not the revelatory sources, if properly understood, and more important, implemented.

Gender Equity: The Issue of Female Circumcision (Appendix)

The Issue of Female Circumcision

One of the common misconceptions is to connect female circumcision with the teachings of Islam. This appendix addresses the following three questions:

1. WAS FEMALE CIRCUMCISION INTRODUCED BY ISLAM?

While the exact origin of female circumcision is not known, "it preceded Christianity and Islam."1 The most radical form of female circumcision (infibulation) is known as the Pharaonic Procedure. This may signify that it may have been practiced long before the rise of Islam, Christianity and possibly Judaism. It is not clear, however, whether this practice originated in Egypt or in some other African countries then spread to Egypt.2
It is common knowledge that in some countries like Egypt, female circumcision has been practiced by both Muslims and Christians.3 In the meantime, this practice is not known in most Muslim countries including Iraq, Iran, and Saudi Arabia.4 This leads to the conclusion that female circumcision is connected with cultural practices rather than Islam itself as a world religion. It was made clear in the introduction of this book that some cultural practices, whether by Muslims alone or Muslims and others (such as the case with female circumcision), are not part of Islam, and in some cases, may violate its teachings as embodied in its primary sources, Quran and Hadeeth. These sources are examined next.

2. IS THERE ANY AUTHENTIC TEXT IN THE PRIMARY SOURCES OF ISLAM WHICH REQUIRES FEMALE CIRCUMCISION FOR RELIGIOUS REASONS?

No mention of female circumcision is to be found in the Quran either directly or indirectly. There is no known Hadeeth which requires female circumcision. Some argued, however, that one Hadeeth, while not requiring female circumcision, appears to accept it:" Circumcision is a commendable act for men (Sunnah) and an honorable thing for women (Makromah)."5
There are two observations on this Hadeeth:
a) A distinction is made between male circumcision which is described in a stronger religious term (Sunnah)6 or commendable while another weaker description is given to female circumcision (Makromah) which implies no religious obligation.
b) This Hadeeth is of weak authenticity (dha'eef) according to Hadeeth scholars.7

There is, however, a more authentic Hadeeth in which Prophet Muhammad (P) is reported to have passed by a woman performing circumcision on a young girl. He instructed the woman by saying:
"Cut off only the foreskin (outer fold of skin over the clitoris; the prepuce) but do not cut off deeply (i.e. the clitoris itself), for this is brighter for the face (of the girl) and more favorable with the husband."8

While the Prophet (P) did not explicitly ban this practice, his words project a great deal of sensitivity to the instinctive needs of females and their matrimonial happiness and legitimate enjoyment. Reference to the brightness of the face and to better relationship with the husband is clear indications of his sensitivity and compassion. They also stand in contrast to the arguments that female circumcision "controls" the woman's sexual appetite and hence contributes to sexual morality and virtue in society. It is true that Islam requires adherents of both genders to be chaste. Yet, there is no text in the Quran or Sunnah which requires selective curtailment or control of the sexual desire of one specific gender. Furthermore, chastity and virtue are not contingent on "cutting off" part of any sensitive and crucial human organ. Rather, they are contingent on spiritual and moral values of the person and the supporting virtuous environments.

3. SHOULD FEMALE CIRCUMCISION BE BANNED OR RESTRICTED?

Shariah (Islamic law) divides actions into five categories; mandatory, commendable, permissible, detestable and strictly forbidden. Female circumcision falls within the category of the permissible. It was probably on this basis that some scholars opposed a sweeping ban of this practice. Before discussing this view, it is important to distinguish between different types of procedures that were and still are called circumcision.

TYPES OF CIRCUMCISION

a) Removal of the hood (or prepuce) of the clitoris. This procedure is, to some degree, analogous to male circumcision since in both cases, no part of the sexual organ is cut off. In both cases also, it is only the foreskin, or outer fold of the skin, which is cut off. Properly done, it is not likely to cause any "matrimonial" problem. While some may call it "sunnah circumcision," this is their own appellation and not that of the Prophet (P) who used the term Sunnah only in the context of male circumcision.
b) Removal of the entire clitoris (clitorectomy) along with part of the labia minora, which is sutured together leaving an opening. This is a form of mutilation.
c) Removal of the entire clitoris, labia minora and medial part of the labia majora, with both sides of the female organ stitched together leaving a small opening. This procedure requires tying together the child's legs for nearly three weeks.9 It is called the Pharaonic procedure but may as well be called "mutilation."

It is obvious that the second and third procedures were never mandated, encouraged or even consented to by the Prophet (P). They even violate a known rule in Shari'ah prohibiting the cutting off of any part of the human body except for unavoidable reasons (e.g. medical treatment, trimming nails or hair, or for an explicitly specified reason such as male circumcision). Such necessity or need does not exist in female circumcision. Nothing justifies genital mutilation. In fact, no mutilation is allowed by Islam even in the battlefield. Not only are these two procedures unjustifiable, they are brutal, inhumane and in violation of Islam.
The remaining question then relates to the first procedure. Some (e.g. the late Rector of Al-Azhar University, Sheikh Gad Al-Haque) argued that since the Prophet (P) did not ban female circumcision, it falls within the category of the permissible. As such, there is no ground for a total ban on it. However, it is within the spirit of Shari'ah to restrict something that is permissible if discovered to be harmful. For example, all fish are permissible to eat. Should a particular type of fish be proven to be poisonous or harmful, it could be banned based on a known Shari'ah rule (Aldharar Yozaal), or harm must be removed. The real issue then boils down to whether the first procedure is harmful or not. Granted that such a procedure may not be seriously damaging like the other two, it may be argued that it is painful, traumatic and often performed in an unhygienic setting leading to infection and other problems.10
Even if the procedure is performed by a physician, it is so delicate that not all physicians master it.11
It should be noted that some people oppose female circumcision as part of their opposition to any "tradition" as old and invalid. This is as inappropriate as practicing female circumcision because it is a "tradition," regardless of its consistency with Islam or not. The practice should be evaluated objectively, on the basis of
a) whether it is required religiously or not
b) whether there are medical and other relevant issues to be considered in evaluating this practice.

While any form of female circumcision is already legally banned in some countriesl12 and may be banned in others in the future, it is not suggested here that this is the only option. In societies and cultures where the practice is well-entrenched and socio-cultural pressures for it are great 13 abrupt legal banning may not end the practice. It may cause it to be practiced "underground" and under more problematic circumstances. However, the problem is serious enough that some action is needed. A starting point, perhaps, is to begin by educating the masses in countries where female circumcision is commonly practiced. All possible media should be used in the process. The contents of this appendix may serve as an outline of such an educational program, or it is so hoped. In any case, the conclusion which appears to be certain is that there is no single text of the Qur'an and Hadeeth which requires 14 female circumcision.
---------------
Notes:

1. Stewart, Rosemary, "Female Circumcision: Implications for North American Nurses," in Journal of Psychosocial Nursing, vol. 35, no. 4, 1997, p. 35.
2. Haqa'iq llmiyya Hawla Khitan Al-Inuath (in Arabic), Jam'iyyat Tanzeem Al-Usrah, Cairo, 1983, p. 7.
3. Ibid, p.8.
4. Ibid, p.8.
5. Al-Shawkani, Nayl Al-Awtar, Dar Al-Jeel, Beirut, 1973, vol.1, p. 139
6. A broader definition of Sunnah is "the words, actions and approval (or consent) of Prophet Muhammad (P)." In the context of religious obligations, however, Sunnah refers to act that are commendable but not obligatory. It is in that context that the Prophet Muhammad (P) used the term Sunnah to refer to male circumcision but not female circumcision.
7. Al-Shawkani, op. cit, p. 139.
8. Al-Tabarani, quoted in Al-Albani, Muhammad N., Silsilat Al-Ahadeeth Al-Sahihah, A1 Maktab Al-Islami, Beirut, Lebanon, 1983, vol. 2, Hadeeth no. 722, pp. 353-358 especially pp. 356-357. See also N. Keller (translator/editor), The Reliance of the Traveller by Ahmad Al-Masri, Modern
9. Stewart, op. cit, p. 35.
10. Including bleeding, scars, painful intercourse, difficulty to achieve sexual fulfillment which may lead to pain, reducing chances of pregnancy, causing infertility in some instances, chronic pelvic infection, urinary tract infection, psychological problems and unhappy husbands. See Stewart, op. cit, pp. 36-37.
11. The author was informed by some physicians that since the clitoris itself is quite tiny, even tinier in younger girls it is very difficult to do the first procedure properly even by a non-specialist physician. The much easier procedure of male circumcision is usually referred to a physician with experience in that particular procedure.
12. Presently female circumcision is illegal in Britain and other European countries through the passage of the Prohibition of Female Circumcision Act of 1985. Due to the publicity given to this topic recently, other countries are expected to follow suit, especially those with a large number of immigrants from countries which practice this procedure. Stewart, op. cit, p. 36.
13. Some such pressure is the non-Islamically based cultural norms that only a circumcised woman is fit for marriage, other superstitious ideas that a child born to an uncircumcised woman is likely to die. See for example Stewart, op. cit, p. 36.
14. Reference is sometimes made to a saying of the Prophet Muhammad (P) narrated in Ahmad, also in Malik with similar wordings to the effect that if the two areas of circumcision (for a male and female) touch one another, then Ghusl (bathing) is required. This expression simply signifies that after the intimate matrimonial relationship, both husband and wife must take a complete bath before they perform their daily prayers. The relevant part of this Hadeeth, however, is its reference to the two circumcised parts. Imam Ahmad uses this Hadeeth as an evidence that women (in Madinah) used to be circumcised. This is no evidence, however, that it was religiously required. It could have been a cultural practice which was not prohibited.

• Even the few Ahadeeth which Al-Albani considered to be authentic do not require female circumcision as discussed earlier. In fact, some of them speak against radical forms of circumcision.
  See Sabiq, Al-Sayyid, Figh Al-Sunnah, Dar Al-Kitab AlArabi, Beirut, 1969, vol. 1, pp. 37 and 66. Also Al-Albani, Muhammad N., Tamam Al-Minnah Fi Al-Ta'leeq Ala Fiq AlSunnah, Al-Maktabah Al-Islamiyyah, Amman, 3rd printing, 1409 A.H., p. 67, and Muwatta'AI-lmam Malik, Dar AlQalam, Beirut, n.d., pp. 50-51.

Gender Equity: Notes

1. The term "equity" is used instead of the more common expression " equality, " which is sometimes misunderstood to mean absolute equality in each and every detailed item of comparison rather than overall equality. Equity is used here to mean justice and overall equality in the totality of rights and responsibilities of both genders and allows for the possibility of variations in specific items within theoverall balance and equality. It is analogous to two persons possessing diverse currencies amounting, for each person, to the equivalent of US $1000. While each of the two persons may possess more of one currency than the other, the total value still comes to US $1000 in each case. It should be added that from an Islamic perspective, the roles of men and women are complementary and cooperativerather than competitive.
2. The Quran is universally accepted by Muslims as the word of Allah, or "God," dictated verbatim to Prophet Muhammad (P) through Angel Gabriel. It is divided into 114 units, each called a surah. The Quran is the highest authority for information on Islam. Sunnah refers to the words, actions and confirmations (consent) of Prophet Muhammad (P) in matters pertaining to the meaning and practice of Islam. Another common term that some authorities consider to be equivalent to Sunnah is hadith(plural ahadith), which literally means "sayings." The letter (P) is an abbreviation of "peace be upon him," a form of respect used by Muslims whenever the name of any prophet is mentioned.
3. In both Quranic references, 15:28 and 32:7, the Arabic terms used are basharan and al-insaan. Both mean a human being or a person. English translations do not usually convey this meaning and commonly use the terms "man" or the pronoun "him" to refer to "person," which is actually without a particular gender identification. Equally erroneous is the common translation of "bani-Adam" as "sons of Adam" or "men" instead of the more accurate translation, "children of Adam. "
4. The explanatory "both" was added whenever the Quranic Arabic text addresses Adam and Eve, as in "lahoma, akala, akhrajahoma." This was done in order to avoid misinterpreting the English term "you" to mean an address to a singular person. For the Biblical version of the story and its implications, see The Bible, RSV, American Bible Society, N.Y.,1952, Genesis, chs. 2-3, especially 3:6, 12, 16-17; Leviticus 12:1-7 and 15:19-30, and Timothy 2:11-14. It may be added here that in one surah in the Quran it is Adam, not Eve, who is especially chastised for eating from the "forbidden tree," even through Eve is not regarded as totally blameless:
We (Allah) had already, beforehand taken the covenant of Adam, but he forgot: and We found no firm resolve on his part. (Qur'an 20:1 15)
After relating the story of temptation and the partaking of the "forbidden tree," the Quran states,.
Thus did Adam disobey his Lord, and allow himself to be seduced (by Satan). (Qur'an 20:121)
5. Pregnancy and childbirth are not the only feminine functions that are treated with respect and compassion. The same applies to menstruation. In consideration of the health of husband and wife and to prevent discomfort to the wife, sexual intercourse is prohibited during menstruation. This is what is meant by the Quranic directive,
They ask you [O Muhammad] concerning menstruation. Say: It is a hurt and pollution. So keep away from women (i.e. do not engage in intercourse with them) until they are clean. . . (Quran 2:222)
Two common misunderstandings of this passage need to be cleared:
a. The description of "pollution" does not apply to women but to menstrual blood. Not only is it unhealthy to engage in intercourse during this period, but it may also hurt the woman due to the irritation that may be caused by such an activity.
b. The restriction here is limited to intercourse, not to any other forms of permissible sexual intimacy, as is clearly explained in hadith. Keeping away from women does not mean "do not touch them, sit or eat with them" or even " do not be intimate with them. " Prophet Muhammad (P) used to rest his head on A'isha's lap during her menses and recite the Quran, perform his prayers very close to her, let her comb his hair, drink from the same cup she drank from, and allow her to bring things he needed from the mosque. Numerous ahadith to this effect are narrated by Bukhari and Muslim. See Abu-Shuqqah, Tahrir Al-Mar'ah Al-M uslimah Fi 'Asr Al-Risalah (in Arabic), Dar Al-Qalam, Kuwait, vol 6, pp. 107-109.
6. A common question raised in the West is whether a Muslim woman can be ordained as a minister, as more liberal churches allow. It should be remembered that there is no "church" or "priesthood" in Islam. The question of "ordination" therefore does not arise. However, most of the common "priestly" functions, such as religious education and spiritual and social counseling, are not forbidden to Muslim women in a proper Islamic context. Woman, however, may not lead prayers (except for other women), as Muslim prayers involve prostrations and body contact. Since the prayer leader is supposed to stand in front of the congregation and may move forward in the middle of crowded rows, it would be both inappropriate Islamically and uncomfortable for a female to be in such a position and prostrate, hands, knees and forehead on the ground, with rows of men behind her. A Muslim female may be an Islamicscholar. In the history of Islam, there were many examples of female scholars who taught both genders.
7. This contrasts with the legal provisions in Europe, which did not recognize that right until nearly thirteen centuries after Islam. In Britain, "by a series of acts starting with the Married Women's Property Act in 1870, amended in 1882 and 1887, married women achieved the right to own property and to enter into contracts on a par with spinsters, widows and divorcees." See Encyclopedia Britannica, 1968, vol. 23, p. 624.
8. This period is usually three months. If the wife is pregnant, it extends until childbirth. In the case of widows, the waiting period is 130 days. In case of divorce before a marriage is consummated, there is no required waiting period and the woman may remarry immediately after divorce (Qur'an 33:49).
9. Ahmad Ibn-Hanbal (compiler), Musnad Ibn Hanbal, Dar Al- Ma'arif, Cairo, Egypt, 1950 and 1955, vol. 3 and 4, ahadith 1957 and 2104.
10. Narrated in Al-Bayhaqi and Ibn-Majah, quoted in M.S. Afifi, Al-Mar'ah Wa Huququha Fil-Islam (in Arabic), Maktabat Al-Nahdhah, Cairo, Egypt, 1988, p. 71.
11. Ibn Majah (compiler), Sunan Ibn Majah, Dar Ihya' Al Kutub Al-Arabiwah, Cairo, Egypt, 1952, vol.1, hadith 1873.
12. Matn Al-Bukhari, Dar Ihya' Al-Kutub Al-Arabiyyah, Cairo, Egypt, n.d., vol.3, p. 257.
13. Riyodh Al-Saliheen, (Al-Nawawi, Compiler), Nizamuddin, New Delhi, India, n.d., p. 140.
14. In the event of a family dispute, the Quran exhorts the husband to treat his wife kindly and not overlook her positive aspects(see Quran 4:19). If the problem relates to the wife's behavior, her husband may exhort her and appeal for reason. In most cases, this measure is likely to be sufficient. In cases where the problem continues, the husband may express his displeasure in another peaceful manner, by sleeping in a separate bed from hers. There are cases, however, in which a wife persists in deliberate mistreatment and expresses contempt of her husband and disregard for her marital obligations. Instead of divorce, the husband may resort to another measure that may save the marriage, at least in some cases. Such a measure is more accurately described as a gentle tap on the body, but never on the face, making it more of a symbolic measure than a punitive one. Following is the related Quranic text:
Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband's) absence what Allah would have them guard. As to those women on whose part you fear disloyalty and ill-conduct, admonish them (first), (next) do not share their beds, (and last) beat (tap) them (lightIy); but if they return to obedience, seek not against them means (of annoyance): for Allah is Most High, Great (above you all).(Quran 4:34)
Even here, that maximum measure is limited by the following:
a. It must be seen as a rare exception to the repeated; exhortation of mutual respect, kindness and good treatment discussed earlier. Based on the Quran and hadith, this measure may be used in the cases of lewdness on the part of the wife or extreme refraction and rejection of the husband's reasonable requests on a consistent basis (nushuz). Even then, other measures, such as exhortation, should be tried first.
b. As defined by hadith, it is not permissible to strike anyone's face, cause any bodily harm or even be harsh. What the hadith qualified as dharban ghayra mabarrih, or light striking, was interpreted by early jurists as a (symbolic) use of the miswak (a small natural toothbrush)! They further qualified permissible "striking" as that which leaves no mark on the body. It is interesting that this latter fourteen-centuries-old qualifier is the criterion used in contemporary American law to separate a light and harmless tap or strike from "abuse" in the legal sense. This makes it clear that even this extreme, last resort, and "lesser of the two evils" measure that may save a marriage does not meet the definitions of "physical abuse," "family violence," or "wife battering" in the 20th century law in liberal democracies, where such extremes are so commonplace that they are seen as national concerns.
c. The permissibility of such symbolic expression of the seriousness of continued refraction does not imply its desirability. In several ahadith, Prophet Muhammad (P) discouraged this measure. Among his sayings are the following: "Do not beat the female servants of Allah;" "Some (women) visited my family complaining about their husbands (beating them). These (husbands) are not the best of you;" and "[Is it not a shame that] one of you beats his wife like [an unscrupulous person] beats a slave and maybe he sleeps with her at the end of the day." (See Riyodh Al-Salibeen,op.cit, p.p. 137-140). In another hadith the Prophet (P) said,
How does anyone of you beat his wife as he beats the stallion camel and then he may embrace (sleep with) her?… (Sahih Al-Bukhari, op. cit., vol. 8, hadith 68, pp. 42-43).

d. True following of the Sunnah is to follow the example of Prophet Muhammad (P), who never resorted to that measure, regardless of the circumstances.
e. Islamic teachings are universal in nature. They respond to the needs and circumstances of diverse times, cultures and circumstances. Some measures may work in some cases and cultures or with certain persons but may not be effective in others. By definition, a "permissible" act is neither required, encouraged nor forbidden. In fact, it may be better to spell out the extent of permissibility, such as in the issue at hand, rather than leaving it unrestricted and unqualified, or ignoring it all together. In the absence of strict qualifiers, persons may interpret the matter in their own way, which can lead to excesses and real abuse.
f. Any excess, cruelty, family violence, or abuse committed by any "Muslim" can never be traced, honestly, to any revelatory text (Quran or hadith). Such excesses and violations are to be blamed on the person(s) himself, as it shows that they are paying lip service to Islamic teachings and injunctions and failing to follow the true Sunnah of the Prophet (P).
15. Khul', or divestiture, is an arrangement whereby the wife may offer some financial compensation to her husband (usually by returning his marital gift to him) in return for terminating the marital relationship. It is provided for in cases in which there is "no fault" on the part of the husband (e.g. failure to support his wife, impotence or abuse) and the wife is the one who initiates marriage dissolution. In such cases, it is only fair that she should return to her husband whatever he gave or paid her with the view of permanent and lasting marital commitment. In case of dispute over the amount of compensation, a judge may examine the case and determine the fair amount, which is normally the marital gift (mahr) previously paid by the husband. See Sayyid Sabiq's Fiqh-us-Sunnah, Dar Al-Kitab Al-Arabi, Beirut~ Lebanon, 1969, pp. 294-308.
16. For more details on marriage dissolution and custody of children, see H. Abd al-Ati, Family Structure in Islam, American Trust Publications, Indianapolis, In, 1977, pp. 217-249; Sayyid Sabiq, Figh-us-Sunnah, ibid., vol. 2, p.349.
17. For more details on the issue of polygyny, see Badawi, Jamal. A, Polygyny In Islamic Law, American Trust Publications, Indianapolis, IN; also Islamic Teachings (audio series), Islamic Information Foundation, Halifax, Canada, 1982, album 4. The term polygyny rather than polygamy is used since polygamy means either polygyny (more than one wife of the same husband) or polyandry (more than one husband of the same wife). Only polygyny is permissible in Islam.
18. See, for example, Westermarck, Edward A., The History of Human Marriage, (5th Edition Rewritten), Macmillan and Co., London, 1925, vol. 3, pp. 42-43; also Encyclopedia Biblica (Rev. T.K. Cheney and S. Black, Editiors), Macmillan, London, 1925, vol 3, p. 2946.
19. Matn Al-Bukhari, op. cit., vol. 4, kitab Al-Adab, p.! 47. Translated by the author. For a similar English translation of this hadith, see Sahih Al-Bukhari, translated by M.M. Khan, Maktabat Al-Riyadh Al-Hadeethah, Riyadh, Saudi Arabia, 1982, vol. 8, "The Book of Al-Adab," hadith 2, p.2.
20. Narrated by Aisha (R.A.), collected by Ibn 'Asakirt in Silsilat Kunuz Al Sunnah I, Al-Jami' Al-Sagheer, lst ed., 1410 A.H. (after Hijrah). Computer software.
21. Riyodh Al-Saliheen, op.cit., p.l39.
22. For a comprehensive and detailed documentation from the most authentic sources of hadith, see Abdul Haleem Abu-Shuqqah, Tahrir AI-Mar'ah op. cit., 1990, 91, 94, vols. 1-6.
23. An earlier passage in the Quran (4:15-16) appears to prescribe a different punishment for lewdness in the cases of females and males (confinement at the home for the guilty female and unspecified punishment for that guilty male, without requiring his confinement at home). Al-Razi suggests that since the male was the breadwinner of the family, confining him at home would thus punish his innocent dependents. A female, on the other hand, is always guaranteed support, making her confinement a personal punishment only for her. This provision, however, was a transitory one pending the next stage, when "Allah [would] ordain for them some (other) way." That other way was equal punishment for both males and females, as explained in the Quran (24:2), which is flogging each of them with one hundred stripes, provided that four witnesses testify unanimously that they saw everything in graphic detail. Such a requirement is practically impossible, indicating that the severity of the punishment is a statement on sexual morality in an Islamic society and a deterrent from flagrant public indecency (see Al-Sabouni, M.A., Salwat Al-Tafaseer (in Arabic), Dar Al-Qur'an Al-Kareem, Beirut, Lebanon, 1980, vol. 1, p.266). In the case of rape, however, only the rapist is to be punished, while the victim goes free. See A. Owdah, A1-Thashree' Al-Jina'i Fi Al-Islam (in Arabic), Dar Al-Kitab Al-Arabi, Beirut, Lebanon, n.d., vol. 2, p. 364; Ibn Anas, Maik, Muatta'AI-Imam Malik (in Arabic). Dar Al-Qalam, Beruit, Lebanon, 1st ed.., n.d., p. 245; and Sabiq, S., Fiqh-us-Sunnah, op. cit, vol. 2, pp. 427-428.
24. Sahih Al-Bukhari, translated by M.M. Khan, op, cit, vol. 9, pp. 170-171.
25. Al-Qasimi, Zafer, Nizam Al-Hukm Fi Al-Shari'ah Wal-Tareekh (in Arabic), Dar Anafa'is, Beirut, Lebanon, 1974,p.342.
26. Ibid., p. 342.
27. Narrated by Abu-Dawood, also by Ibn Khuzaimah, who rated it as "sound" or "authentic." This is why some notable jurists, such as Al-Mozni, Abu Thawr, and Al-Tabari, are of the opinion that a woman may lead (both genders) in taraweeh prayers, (special prayers during the month of Ramadan), if no memorizer of the Quran is present (see, Al-Shawkani, M., Nayl Al-Awtar (in Arabic), Dar Ajeel, Beirut, Lebanon 1973, vol. 3, pp. 201-202). Some of the Hanbali jurists, following the lead of Ibn-Hanbal, agree with the same opinion. Ibn Taymiyah stated that "it is permissible for an illiterate man to be led in prayers by a woman who is reciter of the Quran in qiyam (prayers) in Ramadan, according to the more commonly known opinion of Ahmad (Ibn Hanbal)." See Ibn Taymiyah, Ar-Radd 'Ala Maratib Al-Iimoa' (in Arabic), Dar Al-Afaq Al-Jadeedah, Beirut, Lebanon, 1980, p. 208, quoted in Abu Shuqqah, A., Tahrir Al-Mar'ah Al-Muslimah, op. cit, vol. 3, pp. 31 and 60. The same opinion was reported by Ibn Qudamah in Al-Mughni, who added that it is permissible (for women) to lead men in taraweeh prayers and stand behind them. See Abu-Shuqqah, ibid. p. 31.
28.Imam Al-Haramain Al-Jawayni states: "They [scholars] are unanimous that women should not be an imam [head of state], even though they differed about her being a judge in matters where her witness is accepted." The failure of Al-Farra to include male gender as a required condition for leadership of the state indicates that the "unanimity" spoken of by Imam Al-Haramain and others is not such a complete " unanimity. " Furthermore, Al-Tabari does not even limit the categories in which a woman may act as a judge. See Al-Qasimi, op. cit, p. 342. Among contemporary scholars who are of the opinion that a woman may be appointed to any state position is M.I. Darwazah, whose main argument can be summarized as follows:
1. The Quran provides for the participation of women in the state, society, and all social and political activities, except for few exceptions related to their gender particularity. Such allowed activities include parliamentary life and representation of all sectors of society; these activities include the participation in the making of laws and regulations and the supervision of public affairs.
2. To oppose this on the grounds that Muslim women are "ignorant and unmindful" overlooks the fact that the great majority of men in Muslim countries are also "ignorant and unmindful." Yet this is not a reason to deprive them of their political rights.
3. Recognition of the political rights of women does not necessarily mean belittling or undermining their crucial functions ashomemakers and mothers.
4. The fact that Muslim women did not participate widely in the political life of the community in the earlier times in Muslim history is explained by the nature of social life at that time. This does not in itself negate the rights enshrined in the Quran and Sunnah. See Al Qasimi, ibid., pp. 342-343.

Gender Equity: Bibliography

I. The Quran and Hadeeth

1. Ali, Abdullah, Yusuf, trans. The Holy Quran, American Trust Publications, Indianapolis, 1977. Whenever necessary, slight modifications of this translation were made by the author of this work in the interest of improved clarity and accuracy.
2. Al-Bukhari, comp. Matn Al-Bukhari, Dar Ihya' Al-Kutub Al-'Arabiyyah, Cairo, Egypt. n.d.
3. Al-Bukhari, Sahih Al-Bukhari, trans. M. Khan, Maktabat Al-Riyadh Al-Hadeethah, Riyadh, Saudi Arabia, 1982.
4. Al-Nawawi, comp. Riyad Al-Saliheen, New Delhi, India, n.d.
5. Ibn Hanbal, Ahmad, comp. Musnad Ahmad ibn Hanbal, Dar Ihya' Al-Kutub Al-'Arabiyyah, Cairo, Egypt, 1950 and 1955.
6. Ibn Majah, comp. Sunan Ibn Majah, Dar Ihya' Al-kutub Al-Arabiyyah, Cairo Egypt, 1952.
7. Silsilat Kunaz Al -Sunnah: Al-Jami' Al-Sagheer, 1st ed., 1410 A.H. Computer software.

II. Other References

1. Abd al-Ati, H., Family Structure in Islam, American Trust Publications, Indianapolis, 1977.
2. Abu-Shuqqah, Tahrir AI-Mar'ah Al-Muslimah Fi 'Asr Al-Risalah (in Arabic), Dar Al-Qalam, Kuwait, 1990,1991,1994, vols. 1 to 6.
3. Afifi, M.S., Al-Mar'ah Wabuququha Fi Al-lslam, Maktabat Al-Nahdhah, Cairo, Egypt, 1988.
4. Al-Sabouni, M.A., Salwat Al-Tafseer (in Arabic), Dar Al-Qur'an Al-Kareem, Beirut, Lebanon, 1980, vol. 1
5. Al-Qasimi, Zafar, Nizam, Al-HuRm Fi Al-Shari'ah Wal-TareeRh (Arabic), Dar Al-Nafatis, Beirut,Lebanon, 1974.?
6. Al-Shaw Kani, M., Nayl Al-Awtar (Arabic), Dar AlJeel, Beirut, Lebanon, 1973, vol. 3.
7. Badawi, Jamal, A., Polygyny In Islamic Law, American Trust Publications, Indianapolis, n.d.
8. Badawi, Jamal, A., Islamic Teachings (audio series),Islamic Information Foundation, Halifax, Canada, 1982, album 4.
9. Cheney, T.K. and Block, J. S., Ed., Encyclopedia Biblica, Macmillan, London, U K, 1925, vol. 3.
10. Encyclopedia Britannica, The Encyclopedia Britannica, Inc., Chicago, I1., 1968, vol. 23.
11. The Holy Bible, Revised Standard Version, American Bible Society, NY, 1952.
12. Owdah, A., Al-Tashrea'AI-Jina'i Fi Al-lslam (Arabic),Dar Al-Kitab Al-Arabi, Beirut, Lebanon, n.d., vol. 2.
13. Sabiq, S., Fiqh Al-Sunnah (Arabic), Dar Al-Kitab Al-Arabi, Beirut, Lebanon, 1969.
14. Westermarck, E.A., The History of Human Marriage, Macmillan, London, U. K., vol. 3.