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RIGHTS OF WOMEN IN ISLAM

 

It may be pointed out that the Qur’an and the Islamic way of life outlined by the Holy Prophet, give to women rights almost equal or very close to those of men, which no other religion or society does. The only difference in their status and that of man is because of the fact that the man has been and is still considered to be the bread winner and the provider of protection to the family, while woman remains mostly the housewife, responsible for mothering the children. By nature also their faculties differ as do their physical capabilities, and prowess, mental attitudes.

In patriarchal societies only the husband has been given authority to divorcé his wife. It is only Islam that allows the wife also to seek divorce.  Marriage according to Islamic Law is a civil contract. The wife at the time of marriage is at liberty to get husbands power of divorce delegated to her on stated conditions.

One of the objections levelled by outsiders against Islam is that in this religion the evidence given by two women is considered equal to the evidence given by a single man. According to the Qur’anic injunction, that relates to the specific case in which witness is required to testify a loan transaction between two parties, where no scribe is available to record the transaction.  It is stipulated that in such cases there should be two male witnesses but if two men are not available, there should be one man and two women. That is just to protect the lender’s interest in case one woman forgets the transaction or the amount involved, the second could remind her. Apart from any other reason it may be observed that women have regular low periods during which time they are liable to become jittery, forgetful or suffer slight nausea and headache. If one of the female witness is passing through the phase, the second one would be necessary to depose the facts. However, if the specific situation requires a woman’s witness is considered equal to that of a man. For example, in case a woman is an eyewitness to a murder or robbery, her sole witness is considered good enough by the court for conviction. Even in cases of molestation of woman by a man, only single witness of the aggrieved woman is adequate in law. It may well be observed here that the statement of a midwife (women) is considered enough to prove that the child was born of a certain woman. Also the statement of a foster-mother that she has breast-fed a particular boy and a particular girl from different parents, debars any marriage between the two, according to Islamic Law.

The other matter of apparent inequality between man and woman pertains to the inheritance. Out of a father’s assets a woman gets half of what her brother gets. The logic behind this provision is that the son has to set up and run his business and be the provider for a new household. He must therefore be allowed more resources at the start. 

The share of the daughter is determined not by any inferiority inherent in her, but in view of her economic opportunities, and the place she occupies in the social structure of which she is a part and parcel. In fact the daughter is held to be the full owner of the property given to her by both the father and the husband at the time of her marriage; while further, she absolutely owns her dower-money, which may be prompt or deffered according to her choice. The responsibility of maintaining her throughout her life is put on the husband. In fact the wife can claim her sustainance from husband while the husband has no legal right on wife’s property or her income from the property business or work. So it may be observed that the rule of inheritance from this point of view does not make any material difference between the economic position of sons and daughters.