Arewa Voices

Examining Women's Rights In The Quran II

By Azeezat Okunlola | Apr 18, 2024

Islam, like other Abrahamic faiths, encompasses diverse perspectives and interpretations of its sacred texts, which were written in specific historical contexts. Extremist interpretations of Islam often selectively adapt Quranic and Hadith verses that originally guided early military and political aspects of the faith to fit modern contexts.

This three-part essay aims to promote the earnest pursuit of knowledge within Islam and address prevalent misconceptions about Islam's treatment of women, their rights, and the implementation of these rights.

In the first part of this essay, we discussed a woman's right to life and to choose her religion

 

A woman’s right to education, job opportunities:

The necessity of learning is emphasised throughout the Qur'an. Surah 96: Al-'Alaq: 1-5, which Muslims consider to be the first revelation received by the Prophet Muhammad, attests to the fact that knowledge has always been central to the Islamic worldview. God made man from a clot of congealed blood; thus, the text says, "Proclaim!" or "Read" in his name. Proclaim! And the Lord is Most Bountiful He who taught (the use of) the pen taught man that which he knew not”.

Chapter 39: 9 asks rhetorically if the ignorant can be on par with the knowledgeable, whereas verse 20: Ta-Ha: 114 exhorts believers to pray for wisdom. "Allah grant me knowledge of the ultimate nature of things" was the famous supplication of the Prophet Muhammad, and there is a well-known tradition that says, "Seek knowledge even though it be in China."

The Qur'an teaches that in order to build a fair world where genuine peace may exist, one must have knowledge. According to Q9: At-Tawbah: 122, which says: "With all this, it is not desirable that all of the believers take the pitch (in time of war)," the Qur'an stresses the need of continuing to study even while fighting is going on. In every group, there will be those who choose not to fight but instead delve into the teachings of the Faith. These dedicated individuals will then be able to educate their fellow believers who are returning home on how to protect themselves against evil.

In this context, it is worth noting that Fatima al-Fihri, a Muslim woman from Tunisia, established the first officially recognised educational institution, the University of al-Qarawiyyin, in Fez, Morocco, over a thousand years ago. It has the distinction of being the world's longest continuously running educational institution, according to Guinness World Records and UNESCO. In establishing this institution, she had the backing of the Muslim community.

In fact, it was built, and still remains within the grand mosque of Al-Andalus which she established in 859, having observed that the local mosques in Fez were becoming overcrowded with the growing population of worshipers. This goes a long way in cementing the fundamental rights of women in Islam to education and establishment.

In addition, Verse 6 of Quran 11 makes it clear that all living things rely on God for their survival. God, and no one else, is the rightful owner of all things; this is a central idea in the Qur'an and the foundation of Islam's social, economic, and political system. Because God created everything, everything has an inherent right to share in God's bounty (Surah 6: Al-An am: 165; Surah 67: Al-Mulk: 15).

This means that everyone has an inherent right to an adequate means of subsistence, and that individuals in positions of political or economic power should not be able to deny other people this right through the theft or abuse of resources that God created for the common good. Therefore, the right to labour, whether for pay or out of the goodness of one's heart, is a fundamental principle of Islam, as stated in the Qur'an. The one who has laboured for the products of their effort deserves them, regardless of gender. It is said in Q4 verse 32: "to men is allotted what they earn, and to women what they earn."

The story of the first wife of the Prophet (peace be upon him), Khadijah bint Khuwaylid (peace be upon her), also further buttresses this point, as she was known as one of the richest business women of that time. She used to take care of the impoverished by providing food and clothing, helping out her relatives financially, and even paying for the marriages of her relatives who would not have been able to afford it otherwise. Her rights to enterprise were not deprived of her, and neither was her right to inheritance. Pertinent verses regarding this right include; Q28:71, Q4:32, Q16:43 and Q103:3.

 

A woman’s right to marriage/ marital bliss, sustenance, and divorce:

Before a man may propose to a woman, he must fulfil certain requirements outlined in the Qur'an and sunnah. The man's financial stability is crucial for the woman's provision of private housing and for the support of their future children. She should not be hindered by her prospective spouse from visiting the mosque or studying. Even if he doesn't pray himself, he shouldn't prevent her from praising God via fasting and prayer.

Due to the negative impact anger has on family harmony, he has to be emotionally stable enough to learn to manage it. An obligatory dowry (mahr) is due from the man to his fiancée. This sum ought to reflect the going rate for women in a comparable social position. He can spread out the payment over time, but either way, he has to pay it. There's no getting around it. Without the dowry, the wife might legally forbid any sexual relations.

Allah SWT says in the Quran, “And give to the women (whom you marry) their mahr (obligatory bridal money given by the husband to his wife at the time of marriage) with a good heart…” [Qur’an 4:4].

On top of that, the husband is responsible for finding suitable, independent housing for his wife. This is quite relative, nonetheless, the standard includes; a separate dwelling from either the wife's or the husband's family; this dwelling must have its own bedroom, kitchen and bathroom; it is here that the woman is allowed to undress (Bukhari, k. Al-jumu'ah). A woman likewise has no moral duty to cater for a man's family (in-laws). She will be considered as completely charitable if she does this.

No wrongdoing will befall a husband whose wife chooses to reside with his family. As long as the couple is content with their living situation, there's no problem with moving in with the in-laws. It is her husband's responsibility to arrange for her to move out if she ever decides she wants to. If his wife is being oppressed in any way, he must step in and help her. He must also try to settle any conflicts in a peaceful manner. Additionally, a woman's right to sexual intimacy is comparable to a husband's right to the same.

Husbands have an obligation to supply their wives with food. The husband may exercise this duty by purchasing groceries, while the woman may prepare her own meals. He is allowed to prepare meals for her as well. It is the responsibility of the husband, not the woman, to provide food, according to the majority of jurists in every madhahib. If the woman has different dietary choices, this may be adjusted accordingly ('Abn Nujaym's, al-Bahr al-Ra'iq).

Electricity, gas, water and all other bills are to be paid by the man (Ibn Nujaym, al-Bahr al-Ra'iq). He is obligated to provide his wife with products for personal hygiene. According to Ibn Nujaym and al-Bahr al-Ra'iq, these items should be included: shampoo, body lotion, shower gel, and a monthly visit to the hammam after menstruation. According to Ibn Nujaym and al-Bahr al-Ra'iq, the husband is obligated to cover all costs incurred by his wife during her pregnancy and delivery.

Also, clothing for the wife is a responsibility of the husband. He is obligated to provide new garments for the wife every six months (Ibn Nujaym). Two lengthy kamees, two headscarves, a thin jacket, pants, two footwear options and a coat are all things he has to provide. According to Ibn Nujaym in al-Bahr al-Ra'iq, a husband is obligated to offer his wife silk garments if she so desires.

According to Shaykh Akram Nadwi, the frequency of clothing gifts should be six months as a general guideline; however, the specific garments given and the quantity should be determined by the wife's needs and preferences. Further, he is obligated to provide his wife with a bed, linens, and a chair or couch to sit on when they are at work or rest. These items become her property.

Ibn Nujaym states in al-Bahr al-Ra'iq that if his wife does not like to release their bed to visitors, she is not obligated to do so. If a lady has a servant, the husband is responsible for paying their salaries and providing housing for them (Bada'i al-sana'i of al-Kasani). Additionally, in verse 25 of Q4, it is stated that a man is permitted to marry a woman among his slaves, provided that he does it lawfully and grants her the same privileges as any other woman of higer status.

On childbearing, Allah makes it clear first of all that children are a gift and no human is entitled to the “gift” of a child. He is the giver of that gift and He alone decides whom he gives that to (Q42 vs 49-50). But for those whom Allah has gifted children, it is compulsory on them to take care of these gifts. In Islam, a woman is allowed to breastfeed or get a wet nurse if she pleases, under the expense of her husband. Further, women are given the right to divorce- ‘Khul’ on certain grounds.

She can do this by returning the mahr she received from her husband, or without returning any of it, depending on the agreement between the two. As an example, consider the life of Jamilah, who was married to Thabit Ibn Qays. Because of her husband's transgression and the impact it would have on her religion, she went to the prophet, peace be upon him, to ask for a divorce.

The prophet, peace be upon him, asked, “Will you give back the garden which your husband has given you as Mahr?,” to which she responded in the affirmative. Then he ordered Thabit to accept his garden and divorce her at once. Other relevant verses include; Q4:34, Q2 vs 231- 232 and Q4 vs 35, among others.

The Quran also clearly states in Q4 vs 19 that women are not to be inherited, maltreated, or constrained, and on no condition, except during divorce can a man take away what was lawfully given or gifted to her. In the case of infidelity or brazen immoral conduct, on the part of the woman, her husband is allowed to withdraw these gifts from her.

This also means that the relatives of the husband should not treat the widow of the deceased as if she were a part of the inheritance and thus impose their will on her. Upon the death of her husband, a woman becomes independent. Following the completion of the time she is required by law to wait, she will be free to marry whoever she wants.

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