Islam and Women: Misconceptions and Misperceptions (Part 1/4)
Feature Article
There exist a number of misconceptions regarding the stance of Islam on women. In this essay, an attempt, based on the views of Javed Ahmad Ghamidi, has been made to dispel some common misconceptions about Islam and women and to answer some nagging questions in this regard.
Before these misconceptions and misperceptions are discussed, it seems essential that some space be devoted to an age old question regarding women: What exactly is their role in the society? Many religious scholars argue that women should be confined to their homes and they should stick to serving the needs of their husbands and rearing the next generation. Modernists argue that women are seen to be simply wasting themselves in a typical eastern society. They have nothing to do except indulging in gossip and meaningless household problems. The majority have virtually killed their mental abilities and intellectual prowess. When we talk of boys, we discuss their careers; but when we talk of girls, we discuss their marriage.
In this regard, it needs to be appreciated that the role of women in the society can be understood if the following aspects are kept in consideration:
1. The Shari‘ah revealed by the Almighty is very brief and succinct. The thesis is that human intellect can itself discover the way out in most affairs. It is only at the crossroads where it is bound to falter that Islam interferes to guide it. In the sphere of gender and social interaction too – the sphere which one comes across so often – only certain guiding points have been given. In this regard, as far as the Shari‘ah is concerned, broadly speaking, Islam has given principle guidelines in matters such as the formation and dissolution of a family; its organization under a head; the dress code and behavioral conduct in social contact.
2. While stating this Shari‘ah, there is a directive which the Qur’an gives in this regard in its lofty style, the brevity of which touches sublimity. It says:
وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ وَاللَّهُ عَزِيزٌ حَكِيمٌ (2 :228)
And just as according to [society’s] norms these women have obligations [towards their husbands], they also have rights, although men [as husbands] have a status above women.(2:228)
This divine directive – a mere few words – covers a world of wisdom and sagacity. Evidently, it ends once and for all the debate regarding the role of women. What is implied is very clear: it is the sound conventions and traditions of a society which govern the responsibilities and rights of women. In other words, it is the collective conscience of a society that determines them. Also, since the conventions and customs of different societies can be different, these rights and responsibilities can be different in different societies. Who should raise children and look after them, who should cook the food, who should clean the house are all matters in which we must look towardstraditions and customs of a society. If they do not contradict the Shari‘ah and are also not against the universal norms of sense and reason, they should be adhered to.
3. Consequently, women have before them a whole arena of activities. They can do everything which is not against the healthy conventions of their society. They should educate themselves as far as they can and contribute positively in the society through their intellect, talent and ability. Earning for themselves is certainly not prohibited. They can pursue careers just as men can. However, as pointed out, they should always give due respect to the precepts of the Shari‘ah.
We now turn to the general misconceptions and some nagging questions that have arisen regarding Islam and women.
1. The Testimony of Women[1]
Since the Qur’an has in no way bound the Muslims to adopt a particular method in proving a crime, it is absolutely certain that a crime stands proven in Islamic law just as it is in accordance with the universally acceptable methods of legal ethics endorsed by sense and reason. Consequently, if circumstantial evidence, medical check-ups, post mortem reports, finger prints, testimony of witnesses, confession of criminals, oaths and various other methods are employed to ascertain a crime, then this would be perfectly acceptable by Islamic law.
It is to this fact that the following words of the Prophet (sws) allude to:
الْبَيِّنَةُ عَلَى الْمُدَّعِي وَالْيَمِينُ عَلَى الْمُدَّعَى عَلَيْهِ (ترمذى: رقم 1261)
To substantiate a crime is the claimant’s responsibility, and the person who refutes it will have to swear an oath. (Tirmadhi: No. 1261)
In the words of Ibn Qayyim:[2]
البينة في كلام الله و رسوله و كلام الصحابة اسم لكل ما يبين الحق فهي اعم من البينة في اصطلاح الفقهاء حيث خصوها بالشاهدين أو الشاهد واليمين
The word ‘Bayyinah’ in the language of the Qur’an, of the Prophet (sws) and of his Companions (rta) is the name of everything by which the truth becomes evident. Hence contrary to its connotations in the terminology of the jurists, it has a wider meaning because they only use it for two witnesses or an oath and a witness.
However, there are two exceptions to this:
Firstly, if a person accuses a chaste and righteous man or woman having a sound reputation of fornication. In this case, the Qur’an stresses that the accuser shall have to produce four eye-witnesses. Anything less than this will not prove his accusation. Circumstantial evidence or medical examination in this case are absolutely of no importance. If a person is of lewd character, such things have a very important role, but if he has a morally sound reputation, Islam wants that even if he has faltered, his crime should be concealed and he should not be disgraced in the society. Consequently, in this case, it wants four eye-witnesses to testify and if the accuser fails to produce them, it regards him as guilty of Qadhf. The Qur’an says:
وَالَّذِينَ يَرْمُونَ الْمُحْصَنَاتِ ثُمَّ لَمْ يَأْتُوا بِأَرْبَعَةِ شُهَدَاءَ فَاجْلِدُوهُمْ ثَمَانِينَ جَلْدَةً وَلَا تَقْبَلُوا لَهُمْ شَهَادَةً أَبَدًا وَأُوْلَئِكَ هُمْ الْفَاسِقُونَ إِلَّا الَّذِينَ تَابُوا مِنْ بَعْدِ ذَلِكَ وَأَصْلَحُوا فَإِنَّ اللَّهَ غَفُورٌ رَحِيمٌ (24 :4-5)
And upon those who accuse honourable women [of fornication] and bring not four witnesses as evidence [for their accusation], inflict eighty stripes, and never accept their testimony in future. They indeed are transgressors. But those who repent and mend their ways, Allah is Most-Forgiving and Ever-Merciful. (24:4-5)
Secondly, to purge an Islamic state from prostitutes who, in spite of being Muslims, do not give up their life of sin, the only thing required, according to the Qur’an, is that four witnesses should be called forth who are in a position to testify that a particular woman is a prostitute. In this case, it is not necessary at all that they be eye-witnesses. If they testify with full responsibility that she is known as a prostitute in the society and the court is satisfied with their testimony, then they can be given any of the punishments fixed by the Qur’an for habitual criminals. The Qur’an says:
وَاللَّاتِي يَأْتِينَ الْفَاحِشَةَ مِنْ نِسَائِكُمْ فَاسْتَشْهِدُوا عَلَيْهِنَّ أَرْبَعَةً مِنْكُمْ فَإِنْ شَهِدُوا فَأَمْسِكُوهُنَّ فِي الْبُيُوتِ حَتَّى يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللَّهُ لَهُنَّ سَبِيلًا (15:4)
And upon those of your women[3] who commit fornication, call in four people from among yourselves[4] to testify over them; if they testify [to their ill-ways], confine them to their homes till death overtakes them or God formulates another way for them. (4:15)
Barring these two exceptions, the Shari‘ah does not in any way bind the court to follow any prescribed procedure to ascertain a crime. Consequently, in cases of H~ududpunishments or in those of evidence in any other crime, in the view of this writer, it has been left to the discretion of the judge whether he accepts someone as witness or not. In this regard, there is to be no discrimination between men and women. If a woman testifies in a clear and definite manner, her testimony cannot be turned down simply on the basis that there is not another woman and a man to testify alongside her. Likewise, if a man records an ambiguous and vague statement, it cannot be accepted merely on the grounds that he is a man. If a court is satisfied by the statements of witnesses and by any circumstantial evidence, it has all the authority to pronounce a case as proven and if it is not satisfied, it has all the authority to reject it even if ten men have testified.
Except in cases where the Qur’an has used the words ‘منكم’ (minkum: from among you) as in 4:15 above, similar is the case with the testimony of non-Muslims: It is left to the discretion of a judge.
Here it should remain clear that our jurists hold a different view in this matter. Ibn Rushd has summed up the opinions of the jurists on this issue in his celebrated treatise Bidayatu’l-Mujtahid in the following words:
واتفقوا على انه تثبت الأموال بشاهد عدل ذكر و امرأتين لقوله تعالى : فرجل وامرأتان ممن ترضون من الشهداء واختلفوا في قبولهما في الحدود فالذي عليه الجمهور انه لاتقبل شهادة النساء في الحدود لامع رجل ولا مفردات وقال أهل الظاهر : تقبل إذا كان معهن رجل وكان النساء اكثر من واحدة في كل شىء على ظاهر الآية وقال ابوحنيفه : تقبل في الأموال وفيما عدا الحدود من أحكام الأبدان مثل الطلاق والرجعة والنكاح والعتق ولا تقبل عند مالك في حكم من أحكام البدن واختلف أصحاب مالك في قبولهن في حقوق الأبدان المتعلقة بالمال مثل الوكالات والوصية التي لا تتعلق الا بالمال فقط فقال مالك وابن القاسم وابن وهب : يقبل فيه شاهد وامرأتان وقال أشهب وابن الماجشون : لا يقبل فيه الا رجلان واما شهادة النساء مفردات اعنى النساء دون الرجال فهي مقبولة عند الجمهور في حقوق الأبدان التي لا يطلع عليها الرجال غالبًا مثل الولادة والاستهلال وعيوب النساء
There is a general consensus among the jurists that in financial transactions a case stands proven by the testimony of a just man and two women on the basis of the verse: ‘If two men cannot be found then one man and two women from among those whom you deem appropriate as witnesses’. However; in cases of H~udud, there is a difference of opinion among our jurists. The majority say that in these affairs the testimony of women is in no way acceptable whether they testify alongside a male witness or do so alone. The Z~ahirison the contrary maintain that if they are more than one and are accompanied by a male witness, then owing to the apparent meaning of the verse their testimony will be acceptable in all affairs. Imam Abu Hanifah is of the opinion that except in cases of H~ududand in financial transactions their testimony is acceptable in bodily affairs like divorce, marriage, slave-emancipation and raju‘ [restitution of marriage]. Imam Malik is of the view that their testimony is not acceptable in bodily affairs. There is however a difference of opinion among the companions of ImamMalik regarding bodily affairs which relate to wealth like advocacy and will-testaments which do not specifically relate to wealth. Consequently, Ash-hab and Ibn Majishun accept two male witnesses only in these affairs, while to Malik Ibn Qasim and Ibn Wahab two female and a male witness are acceptable. As far as the matter of women as sole witnesses is concerned, the majority accept it only in bodily affairs, about which men can have no information in ordinary circumstances like the physical handicaps of women and the crying of a baby at birth.[5]
The jurists have based their view upon the following verse of the Qur’an:
وَاسْتَشْهِدُوا شَهِيدَيْنِ مِنْ رِجَالِكُمْ فَإِنْ لَمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ مِمَّنْ تَرْضَوْنَ مِنْ الشُّهَدَاءِ أَنْ تَضِلَّ إِحْدَاهُمَا فَتُذَكِّرَ إِحْدَاهُمَا الْأُخْرَى (282:2)
And call in two male witnesses from among your men [over the document of loan]. And if two men cannot be found then one man and two women from among those whom you deem appropriate as witnesses so that if either of them gets confused the other reminds her. (2:282)
This view of our jurists concerning the testimony of a woman is not correct owing to the following two reasons:
Firstly, the verse has nothing to do with the bearing of witness to an incident. It explicitly relates to testifying over a document. It is very evident that in the second case witnesses are selected by an external agency, while in the first case the presence of a witness at the site of an incidence is an accidental affair. If we have written a document or signed an agreement, then the selection of witnesses rests upon our discretion, while in the case of adultery, theft, robbery and other similar crimes whoever is present at the site must be regarded as a witness. The difference between the two cases is so pronounced that no law about one can be deduced on the basis of the other.
Secondly, the context and style of the verse is such that it cannot relate to law or the judicial forums of a state. It is not that after addressing a court of law that it has been said that if such a law suit is presented before them by a claimant, then they should call in witnesses in this prescribed manner. On the contrary, this verse directly addresses people who borrow and lend money over a fixed period. It urges them that if they are involved in such dealings, then an agreement between the two parties must be written down, and to avoid disputes and financial losses only witnesses who are honest, reliable and morally sound should be appointed. At the same time their personal involvement and occupations should be suited to fulfill this responsibility in a befitting manner. The verse should not be taken to mean that a law-suit will only stand proven in court if at least two men or one man and two women bear witness to it. It is reiterated that the verse is merely a guidance for the general masses in their social affairs and counsels them to abide by it so that any dispute can be avoided. It is for their own benefit and welfare that this procedure should be undertaken.
Consequently, about all such directives the Qur’an says:
ذَلِكُمْ أَقْسَطُ عِنْدَ اللَّهِ وَأَقْوَمُ لِلشَّهَادَةِ وَأَدْنَى أَلَّا تَرْتَابُوا (282:2)
This is more just in the sight of God; it ensures accuracy in testifying and is the most appropriate way for you to safeguard against all doubts. (2:282)
Ibn Qayyim comments on this verse in the following manner:
فهذا في التحمل والوثيقة التي يحفظ بها صاحب المال حقه لأفي طريق الحكم وما يحكم به الحاكم فان هذا شيء وهذا شئ
It relates to the heavy responsibility of testifying by which an owner of wealth protects his rights. It has no concern with the decision of a court. The two are absolutely different from each other.[6]
2. Women are less Sensible than Men
The following H~adithis generally presented to support the view that women are less sensible than men:
عن أبي سعيد الخدري قال خرج رسول اللهفي أضحى أو فطر إلى المصلىفمر على النساء فقال …ما رأيت من ناقصات عقل ودين أذهب للبالرجل الحازم من إحداكن قلن وما نقصان ديننا وعقلنا يا رسول الله قال أليس شهادةالمرأة مثل نصف شهادة الرجل قلن بلى قال فذلك من نقصان عقلها أليس إذا حاضت لم تصلولم تصم قلن بلى قال فذلك من نقصان دينها(بخارى رقم: 298)
Abu Sa‘id Khudrinarrates that the Prophet (sws) while once talking to a group of women on the occasion of Eid ul Fitr or Eid ul Adha said: ‘… and I have seen no one more than you rob even a resolute man of his senses in spite of being Naqisati ‘Aql wa Din’. They said: ‘O Allah’s Messenger, what is this Naqs in religious and worldly affairs?’ He said: ‘Is not the evidence of a woman equal to half of a man’s’. They said: ‘Yes’. He said: ‘This is their Naqs in worldly affairs’. He said: ‘Is it not a fact that when they enter the period of menses they neither pray nor fast’. They said: ‘Yes’. Whereupon he said: ‘This is the Naqs in religious affairs’. (Bukhari, No: 298)
This misconception has arisen because of a wrong translation of the Arabic phrase Naqisati ‘Aql wa Din. The word ‘Naqs’ has generally been translated as ‘defective’ keeping in view the Urdu meaning of the word. However, in Arabic, the verb ‘نَقَصَ’ (Naqasa)means ‘to reduce’ and the word ‘عقل’ (‘Aql) here means ‘worldly affairs’ since it is used in conjugation with the word ‘دين’ (religion). Keeping in view, both these aspects, the correct translation of the above phrase, if the context is also taken into consideration, is that women have been given a relief and reduction in their worldly and religious affairs.
The relief in worldly responsibilities, as is mentioned in this H~adith, is that women have not been dragged in certain activities and spheres. For example, the Qur’an urges men to testify on legal documents so that women are relieved of appearing in courts and wasting their precious time on affairs which others can handle. Only if men are not available should a society involve women in such affairs.
The relief women have been given in religious affairs is that they are not required to pray or fast during their monthly periods as is mentioned in this H~adith.
So what must be kept in mind is the fact that the meaning of a word does not always remain the same in two different languages. For example, the word ‘غَلِيْظ’ in Arabic means ‘firm’ while in Urdu it means ‘dirty’. Thus the Qur’an (4:21) has referred to marriage as ‘مِيثَاقاً غَلِيْظَا’ (a firm agreement).
Moreover, people who think that women are less sensible than men on the basis of this H~adithdo not realize that the Hadith is not merely saying that women are Naqisati ‘Aql, it is also saying they are Naqisati Din. If Naqisati ‘Aql means that there is some defect in their ‘Aql (intellect), then by the same token, Naqisati Din should mean that there is also some shortcoming in the religion they follow! This of course is absurd and as referred to above is the result of keeping the Urdu meaning of the word in consideration.
3. The Diyat of Women
Diyatmeans a fine a murderer has to pay the family of the murdered person in case he or she is granted pardon. It is believed that if a lady is murdered the fine that would be given to her relatives would be half the amount of what would have been given in case a man had been murdered.
Consider now the verse of the Qur’anwhich mention this issue:
فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ (178:2)
Then for whom there has been some pardon from his brother, [the remission] should be followed according to the Ma‘ruf and Diyat should be paid with goodness. (2:178)
It is evident from this verse that the Diyat should be paid according to the Ma‘ruf of a society. Ma‘ruf means the customs and conventions of a society.
In the times of the Prophet (sws), the Ma‘ruf of the Arab society was that the Diyat of a woman was half that of a man. So while following the directive of the Qur’anregarding Diyat the Prophet (sws) enforced the Ma‘ruf of his society.
The Ma‘ruf of different societies may be different and therefore the Ma‘ruf of each society should be followed. In other words, Islam has not obligated us to discriminate in this matter between a man or a woman, a slave or a free man and a Muslim or a non-Muslim. It wants us to follow the Ma‘ruf of our society. Scholars have erroneously enforced the Ma‘ruf of the Arab society of the times of the Prophet (sws). Since then, the wheel of fortune has revolved through fourteen more centuries and the tide of time has sped past innumerable crests and falls. Social conditions and cultural traditions have undergone a drastic change.
As per this Qur’anicdirective, every society is to obey its custom, and since in our own society no law about Diyat exists, those at the helm of affairs of our state can re-legislate in this regard. Ibn ‘A%bidin,a celebrated Hanifite scholar, writes:
اعلم أن لمسائل الفقهية أما إن تكون ثابتة بصريح النص وهى الفصل الأول واما إن تكون ثابتة بضرب اجتهاد ورأي وكثير منها ما يبنيه المجتهد على ماكان في عرف زمانه بحيث لوكان في زمان العرف الحادث لقال بخلاف ما قاله أولا ولهذا قالوا في شروط الاجتهاد انه لابد فيه من معرفة عادات الناس فكثير من الأحكام تختلف باختلاف الزمان لتغير عرف أهله أو لحدوث ضرورة أو فساد أهل الزمان بحيث لوبقى الحكم على ماكان عليه أولا للزم منه المشقة والضرر بالناس ولخالف قواعد الشريعة المبنية على التخفيف والتيسير ودفع الضرر والفساد
It should be noted that juristic issues either stand proven by a categorical injunction which is the first type, or stand proven by Ijtihad and opinion [which is the second type]. Most issues of the second category are based by the Mujtahids upon the customs and traditions of a particular period in such a way that if they would have been present in this age which has a certain custom and tradition, they would have given a different opinion. Hence, about the conditions of Ijtihad, they also state the condition that it is necessary to have a clear understanding of the habits and common practices of the people because with the change in times a lot of the directives change. This may be due to a number of reasons. For example, a change in the general custom, requirement of a situation or a fear of disorder in the general condition of the people that if a directive is continued in its original state it might create difficulties for them or inflict a loss upon them; this would be against the principles of the Shari‘ahwhich are based upon facility, comfort, and prevention of damage and disorder.[7]
4. Women must travel with a Mahram
Most scholars are of the opinion that women cannot travel alone. They must be accompanied by a Mahram(a relative with whom marriage is prohibited). Therefore, in journeys such as Hajj they do not allow women to travel alone. The following Ahadith are the basis of their view:
It is narrated by Abu Hurayrah:
لا يحل لامرأة تؤمن بالله واليوم الآخر تسافر مسيرة يوم وليلة إلا مع ذيمحرم عليها) مسلم رقم: 1339(
‘It is not permissible for a woman who believes in Allah and the Last Day to travel a distance for one day and one night without a Mahramwith her’. (Muslim, No: 1339)
Abu Sa‘id narrates that the Prophet (sws) said:
نهى أن تسافر المرأةمسيرة يومين إلا ومعها زوجها أو ذو محرم (مسلم رقم: 827)
‘A woman is not to travel a distance for two days except with her husband or Mahramwith her’. (Muslim, No: 827)
It needs to be appreciated that there are a number of Ahadith in which directives have been given by the Prophet (sws) for the well-being of the Muslims. However, if the circumstances in which such directives have been given change, then as is the case with all conditional directives such directives may no longer apply in the changed circumstances.
The directives given to Muslim women about travelling belong to the above mentioned category. To ensure a safe journey for a woman and to protect her moral character from any scandalous allegation in the strife ridden society of Arabia, the Prophet (sws) bade them travel with a Mahramrelation.
Thus, all tours and journeys etc in which the above two bases still exist, the condition of a woman travelling with a Mahrammust be followed. However, with the changed circumstances of modern times, travelling has become a lot different from what it used to be in previous days. There are some travels in which safety both physical as well as moral is ensured. So, in such cases, the Mahramcondition no longer applies. As far as the decision as to which journeys have become safe is concerned, the traveller must decide for herself.
5. Women can’t become Heads of State
A vast majority of Muslim scholars believe that women cannot become heads of state. Many of them base their view on the following Hadith:
عن أبي بكرة قال لقد نفعني الله بكلمة سمعتها من رسولاللهأيام الجمل بعد ما كدت أن ألحق بأصحاب الجمل فأقاتل معهم قال لما بلغ رسولاللهأن أهل فارس قد ملكوا عليهم بنت كسرى قال لن يفلح قوم ولوا أمرهم امرأة (بخارى رقم: 4163)
Abu Bakrah reports: Allah has given me the benefit of a word – which I heard from the Messenger of Allah – during the days of [the battle of] Al-Jamal, when I was about to join the people of Al-Jamal and fight alongside them: When the Messenger of Allah heard that the people of Persia had appointed the daughter of Chosroes (Qisra), he said: ‘People who appoint a woman as their leader will never succeed’. (Bukhari, No: 4163)
This Hadith suffers from the following flaws:
1. It is evident from the very text of the narrative that it was never known until the battle of Jamal took place in 36 AH. It was brought forward only after A%’ishah (rta) faced ‘Ali (rta) in battle. Before that it was never heard of – which of course is quite strange.
2. One of the narrators is ‘Awf Ibn Abi Jamilah about whom scholars of Rijal know that he used to give preference to ‘Ali (rta) over ‘Uthman (rta) and it is also known that since A%’ishah(rta) sided with ‘Uthman (rta), a group of the followers of ‘Ali (rta) targeted her to besmear her character. Moreover, the Hadith can never be applied to the case of A%’ishah(rta) since she never claimed to be the ruler of the Muslims.
3. It is a Gharib Hadith. In Hadith parlance, a narrative which has just one narrator in any section of its chain is called ‘Gharib’. It makes the narrative quite weak. It is only Abu Bakrah who is reporting this narrative at the top of this chain. The nature of the narrative is such that other companions too should have reported it from the Prophet (sws) but we find none.
4. If the content of the Hadith is analyzed, one can easily conclude that the Prophet (sws) could never have uttered these words. After all, success in this world was attained by many nations who had women rulers until the time of the Prophet (sws) and even after him.
5. Last but not the least, this Hadith is against the Qur’an. It is the purport of the Qur’an (42:38) that anyone who enjoys the confidence of the majority is eligible to become the ruler of the Muslims:
وَأَمْرُهُمْ شُورَى بَيْنَهُمْ (38:42)
And their system is based on their consultation. (42:38)
Nowhere does the Qur’an exclude women from this general principle.
6. Men are Superior to Women
It is argued by some people that men are superior to women. They present the following verses in support of their view:
الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاءِ بِمَا فَضَّلَ اللَّهُ بَعْضَهُمْ عَلَى بَعْضٍ وَبِمَا أَنفَقُوا مِنْ أَمْوَالِهِم ا(34:4)
Men are the guardians of women, because God has given the one more preference over the other, and because they support them. (4:34)
وَ لِلِّرجَالِ عَلَيْهِنَّ دَرَجَه(228:2)
And the husbands hold a degree of superiority over them. (2:228)
As per the Qur’an (see, for example, 3:195 and 4:1), men and women as human beings are equal and deserve equal respect. However, they have been entrusted with different responsibilities in a family set-up which make them superior to one another in various respects. According to the Qur’an(4:34), as far as a husband is concerned one sphere of his superiority is his status as the head of the family alluded to in 2:228 with the words ‘husbands are one degree superior to their wives’. There are certain spheres in which women by nature – physical, physiological as well as psychological – are superior to men and much more suitable to do certain tasks. Thus 4:34 speaks of the relative superiority of a husband to his wife – that too in responsibility and status – in just one sphere and cannot be generalized to men and women.
Two reasons have been given in 4:34 for granting the husband this status: Firstly, because they are physically and temperamentally more suited to this task and secondly, because they have been entrusted with the responsibility of earning for the family. It also needs to be appreciated in this regard that Islam does not forbid women to earn a living. It has only relieved them of the responsibility of earning, which lies upon their husbands. It also needs to be understood that the verse does not say that the one among the husband or wife who supports the family should become the head; husbands, whether their wives earn or not, are liable for this responsibility. A woman may earn if she likes or if some need arises, but since she has not been entrusted with this duty she has not been given the governing position in the family.
Here it would be appropriate to analyze another concept which has also contributed to the notion that men are superior to women. As per a Hadith, a woman is created from the rib of man referring to the fact that Eve was created from Adam’s rib and thus was a secondary being. The text of the Hadith is:
عنأبي هريرة رضي الله عنه قال قال رسول اللهاستوصوا بالنساء فإن المرأة خلقت منضلع وإن أعوج شيء في الضلع أعلاه فإن ذهبت تقيمه كسرته وإن تركته لم يزل أعوجفاستوصوا بالنساء (بخارى رقم: 3135)
Abu Hurayrahreports that Allah’s Prophet said: Treat women nicely, for a woman is created from a rib, and the most curved portion of the rib is its upper portion; so, if you should try to straighten it, it will break, but if you leave it as it is, it will remain crooked. So treat women nicely. (Bukhari, No: 3135)
It needs to be appreciated that according to the Qur’an, Eve was not created from Adam’s rib. The first verse of Surah Nisa explicitly states that the first man and woman (Adam and Eve) were created directly by the Almighty:
يَاأَيُّهَا النَّاسُ اتَّقُوا رَبَّكُمْ الَّذِي خَلَقَكُمْ مِنْ نَفْسٍ وَاحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالًا كَثِيرًا وَنِسَاءً وَاتَّقُوا اللَّهَ الَّذِي تَتَسَاءَلُونَ بِهِ وَالْأَرْحَامَ إِنَّ اللَّهَ كَانَ عَلَيْكُمْ رَقِيبًا(1:4)
O mankind! Fear your Lord, Who created you from a single person, created, of like species his mate, and from these two scattered countless men and women [in this world], and fear Allah through whom you seek mutual help and fear breaking blood relationships. Indeed God is watching over you. (4:1)
Some people translate this verse as ‘It is he Who has created you from a single person (Adam) and then He created from him his wife (Eve)’. They explain this verse by saying that Eve was created from the rib of Adam. This misleading translation has probably arisen because of a literal translation of the Arabic words ‘وَخَلَقَ مِنْهَا زَوْجَهَا’ viz. ‘and created from him [–the initial soul–] his wife’. Actually the word ‘مِنْهَا’ (from the soul) does not imply that ‘Eve was made from Adam’; it rather implies that Eve was made from the same species as Adam. A similar verse points to this interpretation:
وَاللّهُ جَعَلَ لَكُم مِّنْ أَنفُسِكُمْ أَزْوَاجًا (72:16)
It is God who has made from your species your mates. (16:72)
A literal translation of the words ‘جَعَلَ لَكُم مِّنْ أَنفُسِكُمْ أَزْوَاجًا’ of the above quoted verse (which are similar to ‘وَخَلَقَ مِنْهَا زَوْجَهَا’) would mean ‘it is God Who has created your mates from you’ implying that every wife is made from her husband as Eve was. This of course is incorrect; the word anfus (plural of nafs) in this verse means ‘genre’, ‘species’ and not ‘physical being’.
As far as the actual H~adithquoted above is concerned, it needs to be appreciated that in Arabic the words ‘created from’ do not necessarily refer to the substance of creation; they can also refer to the nature of something. For example the Qur’an says: ‘Man has been created from hastiness’ (21:37). This does not of course mean that man’s substance is hastiness; it only refers to his nature.
Secondly, if all the textual variants of the Hadith are collected and analyzed, it becomes evident that the Prophet (sws) has compared the nature of a woman with a rib. The comparison subtly alludes to the fact that a woman’s nature is very delicate and tender as well as a bit adamant. The Prophet (sws) has advised men to treat them tactfully keeping in view this nature. Instead of forcing them to accept a particular point of view, men should try to convince and persuade them.
7. Female Circumcision
It is believed by some people that like the male children, female children must also be circumcised. They base their opinion on the following Hadith:
حدثني يحيى عن مالك عنبن شهاب عن سعيد بن المسيب أن عمر بن الخطاب وعثمان بن عفان وعائشة زوج النبيكانوا يقولون إذا مس الختان الختان فقد وجب الغسل(مؤطّا رقم: 102 )
‘Umar and ‘Uthman and A’ishah, the wife of the Prophet, used to say: ‘When the circumcised part touches the circumcised part, the ceremonial bath becomes obligatory’. (Mua’tta, No: 102)
This misconception has arisen because of a literal translation of the above Hadith.
If linguistic principles are given due consideration, the Arabic word Khitan used in the Hadithand translated as ‘the circumcised part’, actually implies the male and female reproductive organs.
In the Arabic language, there is a style called Mujanasah which means using similar words such that the second used word does not do the job of conveying its original meaning but rather being of the same genre and category as the previous one. We have examples of such usage in the Qur’an also. For example a verse says:
وَجَزَاء سَيِّئَةٍ سَيِّئَةٌ مِّثْلُهَا (40:42)
The recompense of evil is similar evil. (42:40)
Here, the word evil used second is merely for Mujanasah ie. it does not do convey its original meaning; it is only of the same genre. Of course, the reward of evil is not a similar evil for the reward is a just act which the perpetrator of evil deserves; this act of justice cannot be called evil in the literal sense.
8. Mahr: the Price of owning a Wife
Mahris a sum of money which a husband is required to pay to his wife at the time of marriage or make a commitment that it shall be paid later. It is erroneously believed by some that Mahr (dowry) is the price of owning a wife.
In reality, the payment of Mahr has a deep symbolic significance: Islam has entrusted the husband with the responsibility of supporting his wife and children. It is he who must earn to fulfill the requirements of the family. The Mahr money is only a token of this responsibility. In other words, when a man pays this sum, he makes a symbolic expression of the fact that he has taken the financial responsibility of the woman he intends taking as his wife. Consequently, it is in the spirit of this commitment that he pay the agreed sum before he takes home the bride.
It would not be out of place to mention that the amount of the Mahr money, as the Qur’an asserts, should be fixed keeping in view the social customs and traditions of a society :
وَآتُوهُنَّ أُجُورَهُنَّ بِالْمَعْرُوفِ(25:4)
... and pay them their dowers according to the custom. (4:25)
Also, as mentioned above, it is in the fitness of things that the amount be paid to the wife as soon as possible since it symbolizes one of the primary responsibilities of the husband.
9. Women Outnumbering Men in Hell
The following Hadith is often presented to support the view that women will outnumber men in Hell:
عنأبي سعيد الخدري قال خرج رسول اللهفي أضحى أو فطر إلى المصلى فمر على النساءفقال يا معشر النساء تصدقن فإني أريتكن أكثر أهل النار فقلن وبم يا رسول الله قالتكثرن اللعن وتكفرن العشير (بخارى رقم: 298)
Abu Sa‘id Khudri reported: Allah’s Messenger (sws) went out to the place of worship on the day of ‘Idu’l Adha or Fitr and he passed by the women and said to them: ‘O Women, give charity for I have been shown the majority amongst you as the inmates of Hell’. They said: ‘Allah’s Messenger, wherefore?’ He said: ‘It is because you curse one another very much and show ungratefulness to your husbands’. (Bukhari, No: 298)
This inference is incorrect and has arisen by not properly appreciating a particular style of communication used in certain Ahadith which depict dreams of the Prophet (sws). Such dreams are a source of revelation for the Prophets of Allah and in them they are shown certain images by the Almighty for the purpose of educating Muslim men and women. As a principle, all such dreams are not to be interpreted literally; they contain realities which are depicted in symbolic form.
Symbolic representation is a very subtle and powerful way of expression: Facts seem veiled yet for him who pauses to ponder they are the most evident. They move a person in the manner poetry does. They ignite in a person the spark to look behind the apparent. They urge him to reflect and to meditate and then to discover and to infer. They educate him without rousing his prejudices. The Prophets of Allah (sws) have effectively employed this technique of communication. The words and discourses of the Prophets Joseph (sws) and Jesus (sws) for example are full of powerful parables and subtle symbolism. The dream of the Prophet Joseph (sws) and the way he interpreted it is mentioned in the Qur’an also. If he saw in his dream that the sun and the moon and eleven stars were bowing before him in prostration, he knew that these heavenly bodies symbolized certain personalities.
The Ahadith which depict more women in Hell should also be interpreted keeping in view this basic principle. These Ahadith do not delineate the population of women in Hell since this would be a literal interpretation; on the contrary, they just caution them that there are certain deeds which they do a lot and which, therefore, would be more instrumental in taking them to Hell; so they should avoid them. In other words, the symbolism is causative in nature. In the above quoted Hadith, the cause has been symbolized to warn women of something which they often do.