By Dr. Mawahib Saleh Mahdi – College of Islamic Sciences – University of Karbala
In the name of Allah, the Most Gracious, the Most Merciful
“So when she delivered her, she said, ‘My Lord, I have delivered a female,’ and Allah was most knowing of what she delivered, ‘and the male is not like the female. And I have named her Mary, and I seek refuge for her and her descendants in You from Satan, the expelled one.'” (Aal Imran: 36)
These days, there is much talk about women’s rights and freedoms, with secularists attempting to distort the image of women in Islam, portraying them as deprived of rights and oppressed. In their view, Islam differentiates between men and women in terms of rights and establishes a relationship between them based on injustice and tyranny rather than harmony and compassion. From their perspective, this necessitates a reinterpretation of religion that aligns with the rights granted to women by international agreements, seeking to amend the fixed legal texts to conform to these conventions.
The call to amend divine legislation is not new but has been promoted since the beginning of this century, aligning with Western perspectives advocated by orientalists and their governments. Islamic scholars have responded to such claims since then, providing arguments that remain valid today because these challenges have not changed nor introduced anything new.
Some of the issues related to women that are mistakenly perceived as inequality include:
- The right of disciplining women, particularly physical discipline
- The unilateral divorce right granted to men
- The husband’s authority and guardianship
- Polygamy
- Inheritance laws
- Testimony in court
We will address these issues and respond to them, God willing. However, before delving into these matters, it is important to clarify the following general points:
- Islam is a universal system for all times and places. Any misuse of its legislation does not stem from the law itself but rather from individuals who misunderstand or misapply it. Islam builds its system on the conscience, righteousness, and mindfulness of a believer towards their Lord. The misapplication of divine legislation does not necessitate its abolition or revision; rather, it requires addressing the misuse by strengthening religious awareness and moral responsibility.
- Any renewal in legal rulings concerning women must be based on Islamic law and not dictated by personal whims or Western policies. Islam, along with civil laws derived from it, guarantees equal rights for men and women in several aspects, including:
- The right to choose a spouse and to marry only with full and free consent.
- Equal rights and responsibilities during marriage and upon its dissolution.
- Equal rights and responsibilities as parents, regardless of marital status, particularly in matters concerning their children. In all cases, the best interests of the child must be prioritized.
- The right to decide freely and responsibly on the spacing of children and access to education and resources that enable them to exercise these rights.
The Quran contains numerous verses that affirm these principles:
- Equality: Allah says: “And for women is a right similar to that of men, according to what is recognized as good conduct.” (Al-Baqarah: 228). This means that every right and duty for a woman corresponds to a right and duty for a man, except in the case of guardianship (qiwamah), where responsibilities are divided according to the nature of each gender.
- Guardianship (Qiwamah): This refers to the responsibility of managing and protecting the family, and we will discuss this in detail later, God willing.
- Mutual consultation in family affairs, which continues even after divorce, particularly regarding children.
- Treating women with kindness and good companionship, as Allah says: “And live with them in kindness.” (An-Nisa: 19).
- A woman’s right to custody of her child in the early years of life.
- The joint responsibility of both spouses in raising children.
These are, in summary, the rights of women in marriage as prescribed by Islam. However, the demand for absolute equality between men and women, as advocated by proponents of Western declarations, stems from ignorance of women’s rights in Islam and a disregard for the biological differences between men and women. This leads them to perceive the relationship between men and women as one of identical roles rather than complementary ones.
Responses to Secular Arguments
- The Right to Discipline One’s Wife, Particularly Physical Discipline
“Men are the protectors and maintainers of women by virtue of what Allah has given one over the other and what they spend from their wealth. So righteous women are devoutly obedient, guarding in their husbands’ absence what Allah would have them guard. But those [wives] from whom you fear arrogance—[first] advise them; [then if they persist], forsake them in bed; and [finally], strike them [lightly]. But if they obey you, seek no means against them. Indeed, Allah is ever Exalted and Grand.” (An-Nisa: 34).
The Prophet (PBUH) also said in his Farewell Sermon:
“Fear Allah regarding women, for you have taken them as a trust from Allah… If they commit a clear immorality, then you may admonish them, refuse to share their beds, and strike them in a way that is not severe. But if they obey you, then do not seek to harm them. Indeed, you have rights over your wives, and they have rights over you.”
Many critics selectively highlight the word “strike” in this verse while ignoring the full context. The verse first praises righteous, obedient women and only addresses cases of disobedience. Clearly, this applies to specific situations and not to all women. People have different temperaments, and what works for one person may not work for another. Islam, in its fairness, provides solutions for various situations.
Islamic legislation seeks to maintain family stability. There might be rare cases where a light disciplinary measure is effective. If there is even one woman out of a thousand for whom this approach is beneficial, then it cannot be dismissed as unjust. A legal system that ignores such realities is incomplete. Otherwise, the only alternative would be the destruction of families, which is not the intent of divine law.
Moreover, discipline exists in all societies. Even among nations, conflicts are sometimes resolved through military action. The Quran itself states:
“And if two groups among the believers should fight, then make peace between them. But if one of them oppresses the other, then fight against the one that oppresses until it returns to the ordinance of Allah.” (Al-Hujurat: 9).
Additionally, the discipline mentioned in the verse is conditional:
- It must be a last resort after admonition and separation in bed have failed.
- It must be non-violent, as scholars interpret it as a symbolic, light strike using a miswak (tooth-stick) or similar soft object.
- The purpose is not to harm but to correct behavior and maintain family unity.
- If the wife responds positively, then no further action is allowed.
The reality is that domestic violence is rampant in societies that completely ban any form of discipline. If such policies were effective, domestic violence rates in the West would not be alarmingly high. Islamic guidance ensures that corrective measures remain controlled and rare, as harmony and kindness remain the foundation of marriage.
Conclusion
I will stop at this point for now, leaving the responses to other misconceptions for future discussions. However, I would like to take you to a historical event that occurred between Nawawis and Karbala, where men fought with swords while women endured emotional struggles. They were equal in reward and sacrifice.
A notable example is the wife of Zuhayr ibn Qayn, who encouraged her husband to join the ranks of Imam Husayn (AS). When Zuhayr hesitated, she helped him make the right decision. When he resolved to leave, he offered to divorce her so she could return to her family, but she refused. She wanted to share in his sacrifice and support Lady Zainab (AS) in captivity. She bid him farewell with these poetic words:
“I heard that men from my kin have sworn an oath in secret
To kill you, may God protect you from their evil plot.
May God be your protector against those who conspire.”
