Misinterpretation of Womens Rights in Islam

Any academic discourse pertaining to the link between Islam and Human Rights in the end will revolve around the subjugation of women’s rights within Islam. One cannot discuss Islam and Human Rights in an academic context and fail to add to the flaring debate of the place of women in Islam. Propagators of Islam within this discourse are quick to defend Islam’s position by quoting directly from the Quran and Hadith; verses that spell out the spiritual equality of men and women. 

The Holy Prophet (PBUH) in known to have once said: 

“All people are equal, as equal as the teeth of a comb. There is no claim of merit of an Arab over a non-Arab, or of white over a black person, or of a male over a female. Only God-fearing people merit a preference with God.¹“ 

The people on the other side of the fence, however, are quick to point out different provisions within Islam which subjugate women’s rights. These include the man’s right to polygamy, the woman’s inferior status in terms of inheritance and the right to divorce. It is my contention that the arguments waged by both parties are one-sided and circular. In the end the rights of women in Islam do not come down to the actual religion itself but instead to the cultures of the different societies implementing the religion. This is not to say that the above mentioned provisions are the only snippets within Islam which are pin-pointed as patriarchal, but these are the ones I would like to elaborate upon to prove my point. 
 

Looking first at a man’s permission to be polygamous in Islam we must examine the circumstances through which such polygamy is allowed. The main purpose behind the acceptance of polygamy in Islam was to care for the wives of war widows and provide them and their children with a stable financial and home environment. Furthermore the Quran restricts a mans decision to be polygamous by emphasizing that 

“If you fear lest you may not be perfectly equitable in treating more than one wife, then you shall be content with one².” (4:3)

A man’s dominance in the sphere of obtaining a divorce in Islam is also highly criticized by human rights activists in the west.  Although it is true that a man in Islam can unilaterally divorce his wife without any reason, it is not an action condoned by religion. The Holy Prophet (PBUH) once said 

“Divorce is what Allah hates most in what he has made licit³“. 

It is also the case that a woman can do the same if she obtains the right of divorce from her husband before marriage. Furthermore one has only to look into hadith and find that Islam allows women to dissolve a marriage in which they are unhappy. A woman once came to the holy prophet (PBUH) asking him if she could divorce her husband, and when asked what was wrong with him could not come up with a valid reason other than not liking him. The prophet (PBUH) allowed this woman to get her divorce⁴. 

Looking at a woman’s right to inheritance, cynics are quick to point out that a woman will inherit less than a man if Islamic provisions are followed. The relevant verse sited by them is 

“Allah (swt) (thus) directs you as regards your children’s (inheritance): to the male, a portion equal to that of two females, if only daughters, two or more, their share is two-thirds of the inheritance; If only one, her share is a half. Allah (swt) (thus) directs you as regards your children’s (inheritance): to the male, a portion equal to that of two females, if only daughters, two or more, their share is two-thirds of the inheritance; If only one, her share is a half⁵“. 

What they conveniently ignore, however, is the reasoning behind such a provision. A woman has no financial liability in Islam, and whatever inheritance she receives she can dispose of at her own will. Men on the other hand, may have the added responsibility of taking care of their women folk.⁶ A man is obligated to such a large to extent to care for his wife that the Quran states 

“Then if they suckle for you give them their recompense⁷“  

Furthermore a woman has a right over a man’s earnings as a wife, mother, unmarried sister or daughter, but a man has no such claim⁸ 

This illustrates the fact that both propagators and critics of Islam tend to tend to wear blinders when talking about Islam and do not examine a holistic picture. It is true that many Islamic countries at the moment have s structure which is completely patriarchal in nature. Saudi Arabia is a prime example of a country where women’s rights are raped, plundered and completely looked down upon. This mindset, however, does not reflect the Islamic perspective, but how different Islamic provisions are interpreted and implemented. A countries own cultural norms to a great extent influence the way religion is practiced in its borders, and it would therefore be uncalled for to blame Islam for the low position of women in such societies.

Contributed by:

Economics Major

LUMS 2008