P1: RIGHTS OF WOMEN IN ISLAM | CSS SERIES | ISLAMIC STUDIES | RMR
During the time of Jahiliyyah (age of ignorance) before Islam. Women were treated as a commodity to be purchased, sold, retained, exchange, and inherited. Islam transformed the status of women, from once considered commodity to the blessing of God, in all its roles. It strengthened the dignity and symbolized her as the greatest gift, and important component of society, and not a sin or curse on a family, which Arabs and during the Dark Ages was believed to be the case.
The history of gender and sexes reveals that the roles were once based on physiological takings in the early development of humans, but with time it became rigid. The women started losing her say in the society with men pushing her off the limit and dominating the society. It created a void in even the basic rights which women deserved. It established a patriarchal society dominated by masculinity with limited or no role of women.
Islam changed the way women were treated. It rejected the notion already prevailing in the society at that time that “Women are in subjugation either in their husbands or Kinsmen, or considering that women are a chattel or a property of some sort”.
Islam further elevates the status of women by including her in socio-economic and political affairs in society.
The condition of women was so worst in the patriarchal society of the time that she had no say in the personal consent concerning the affairs which involved her, even women were not made a party to the marriage contract. The birth of women was considered humiliation and disgrace to the family and in the act of war between the tribe, the women were desired loot.
“ And when female birth news was brought to them, their face would turn dark with grief. He would hide himself out of disgrace from the society as if something evil has happened to him. The question haunts him, if he is to keep her as a disgrace, or burry her alive in earth? certainly, evil is their decision”
— Surah Nisa 16 : 58–
The same was the case in other parts of the world and even worst. Such as India, while the rich women were enjoying the freedom there, the women of the different classes were cast with different discriminations. As India progresses now, women in India are still in the dark ages. Europe was suffering from the same class difference, even among the women themselves. Egyptian civilization was suffering the same fate. Islam changed everything and became the protector of women's rights irrespective of the caste or color of the skin. In France, it was in 1938 that eligibility of women to contract was realized under the amendment the same year. all in all, each society had to fight to get their fair play in society. while Islam came forward without a struggle of any sort from women. The text of God enumerated the rights of Women and dignified her status.
Islam accepted women as a fundamental part of society and highlighted her 1442 years ago. long before the women were guaranteed even the basic right to vote in 1920 in the United State of America. It was long before the first women's right convention was held in 1848 which followed the declaration of sentiments. which later became instrumental in women's rights in America.
Right of independent ownership:
The legal right to own and dispose of the property was guaranteed by Islam. It further guarantees the sale, purchase, borrow, lend, mortgage, and sign documents.
Right to do Business:
The women were not granted the right to do business or hold command of any part of the economy. They were limited to the affairs of the house and were not accepted to act more than that. Islam on other hand, provided women with the just economic participation, granting her the right to own, invest, distribute, and save. It also highlights the principle of Zakat and its applicability to women. In order to recognize and accept her part in the economic cycle.
Right to Marry by Choice:
Islam considers marriage, not as a social contract but as a commitment, which requires the consent of both man and woman. It's a union between two consenting adults. Islam forbids forced marriages and marriage based on lies. Islam binds the father to marry her daughter according to her consent. That is the reason why three times it is asked from both men and women their consent at the time of Nikkah.
Prophet said that “ a widow or divorcee is not to be married unless her consent is sought”
Right to Divorce:
Islam is the only religion that granted women the right to end the relationship. under the condition if in Nikkah Nama (marriage agreement) it is mentioned then it would take effect instantly. If not, women can resort to the court for a divorce.
If the divorce takes place then men have to pay maintenance money and return the dowry and pay a decent amount for her maintenance.
if the woman is pregnant then in her Idda period (three months and 10 days) husband has to support her.
Right to Education:
The women in Islam are granted the right to acquire knowledge. In the early period of Islam, Prophet Muhammad (SAW) used to stress a lot on the importance of education for Muslim women and men alike.
“ Say: Lord, increase my knowledge”
“if a daughter is born in a house and he takes good care of her and gives good education and trains her in the art of life. I shall my self stand between him and hellfire”
Right to keep her own identity:
Women can not be forced to change their name. The customs of a particular place has nothing to do with Islam and its basic injunctions. Women can keep their identity and family name after marriage and can not be forced to take her husband's name.
Islam has no concept of changing name be it for married, divorced, or widowed.
Right to inheritance
Surah Nisa in ayat Number seven (4:7)of the holy scripture Quran suggests the share of women and her right in the share in what their parents and kinsmen leave, irrespective of its amount, is legally theirs.
inheritance law is strict in Islam and must be followed by all parties if they fail to do so they are bound to punishment under the law of the state.
Right of election and nomination
Islam recognizes the political role of women. The examples of Umme- Salma (R.A) and Amma Ayesha is prominent among all, they had an active role in decisions and suggestions made from time to time. They were also the prime source of Islamic traditions.
Right to work opportunity
Islam encourages women's active participation in the economic activities of the state. Hazrat Khadija was one of the prominent figures in Islam. In the shape of women as an active participant in the work. She used to send great caravans. The women healers and nurses in medina were also the testimony of the fact that women were encouraged to employ and work if they want to. They can not be forced to work.
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