Summary
The article explains women’s rights and responsibilities in Islam, addressing equality, marriage, modest dress, polygyny, sexual morality, inheritance, financial maintenance, and the distinction between Islamic teachings and cultural practices that contradict them.
(Tell the believing men to lower their gaze and guard their chastity. That is purer for them. Indeed, Allah is acquainted with what they do. And tell the believing women to lower their gaze and guard their chastity and not display their beauty except what [must ordinarily] appear thereof; and to wrap part of their head covers over their chests and not display their beauty except to their husbands, their fathers, their husbands’ fathers, their sons, their husbands’ sons, their brothers or their brothers’ sons, or their sisters’ sons.) [24:30-1]
The additional requirement for women to conceal their adornment and natural beauty is due to their greater need for privacy and protection. Except in the company of close relatives, a woman is required to cover her entire body with loose fitting garments with the exception of her face and hands. The Qur’an states why has prescribed particular dress regulations for women:(O Prophet, tell your wives and daughters and the women of the believers to draw over themselves their outer garments [when in public]. That is more suitable so they will be known (to be pious believing free women) and not be abused…) [33:59]
Why does Islam permit polygamy? Polygamy is a form of marriage wherein a person has more than one spouse. Polygamy can be of two types. The first type is called polygyny, where a man marries more than one woman, and the other is polyandry, where a woman marries more than one man. In Islam, a limited form of polygyny is permitted, whereas polyandry is completely prohibited. In contrast to Islam, one will not find a limit for the number of wives in the Jewish Talmud or the Christian Bible. According to these scriptures, there is no limit to how many women a man may marry. Therefore, polygyny is not something exclusive to Islam but was practiced by early Christians and Jews as well. According to the Talmud, Abraham had three wives, while King Solomon had hundreds of wives. The practice of polygyny continued in Judaism until Rabbi Gershom ben Yehudah (955-1030 CE) issued an edict against it. The Jewish Sephardic communities continued the practice until as late as 1950, when an Act of the Chief Rabbinate of Israel extended the ban on marrying more than one wife, thus prohibiting the practice for all Jews. In the early teachings of Christianity, men were permitted to take as many wives as they wished, since the Bible placed no limit on the number of wives a man could marry. It was only in recent centuries that the Church limited the number of wives to one. At a time when men were permitted an unlimited number of wives, Islam limited the number to a maximum of four. Before the Qur’an was revealed, there was no upper limit for polygyny and many men had scores of wives. It gives a man permission to marry two, three or four women, on the condition that he deals with all of them equitably, benevolently and justly, as indicated by ‘s statement:(But if you fear that you will not be just, then marry only one.) [4:3]
It is not incumbent upon Muslims to practice polygyny. In Islam, taking an additional wife is neither encouraged nor prohibited. Furthermore, a Muslim who has two, three or four wives may not be a better Muslim as compared to a Muslim who has only one wife.John Esposito, a professor of religion and international affairs and Islamic studies at Georgetown University, writes: “Although it is found in many religious and cultural traditions, polygamy is most often identified with Islam in the minds of Westerners. In fact, the Qur’an and Islamic Law sought to control and regulate the number of spouses rather than give free license.” He continues: “The Qur’an allows a man to marry up to four wives, provided he can support and treat them all equally. Muslims regard this Qur’anic command as strengthening the status of women and the family, for it sought to ensure the welfare of single women and widows in a society whose male population was diminished by warfare, and to curb unrestricted polygamy.”[1]
There are certain circumstances which warrant the taking of another wife. For example, if there is a surplus of unmarried women in society, especially during times of war when widows are in need of shelter and care. Infant mortality rates among males are higher when compared to that of females. During wars, there are usually more men killed than women. Statistically, more men die due to accidents and diseases than women. The average life span of females is also generally longer than that of males. As a result at any given time in practically any given place, there is a shortage of men in comparison to women. Therefore, even if every single man got married to one woman, there would be millions of women who would still not be able to find a husband. In Western society, it is not uncommon for a man to have girlfriends, or if he is married, to have extramarital affairs. Seldom is this practice scorned, despite the harms that stem from it. At the same time, polygyny is banned in western society although it produces none of these adverse effects; rather it preserves the honor and chastity of women. Within a second, third or fourth marriage the woman is a wife, not a mistress; she has a husband who is obligated by Islamic law to provide for her and her children, not a “boyfriend” who may one day cast her aside or deny knowing her if she becomes pregnant. There is no doubt that a second wife who is lawfully married and treated with honor is better off than a mistress without any legal rights or social respect. Islam strictly prohibits and penalizes prostitution, fornication, and adultery and permits polygyny under strict conditions. If a man is permitted to have more than one wife, then why can’t a woman have more than one husband? Islam teaches that has created men and women as equals, but not as identical beings. They are different, physically, biologically and physiologically and each have different capabilities. Their roles and responsibilities are therefore different, but they complement one another. Some may object to a man having the right to more than one wife by insisting that, in fairness, women should also be able to practice polyandry. However, the following few points could be part of the reason behind its prohibition by:* One of the benefits of polygyny is that it solves the problem of women outnumbering men.
* In general, men are polygamous by nature while women are not.
* Islam assigns great importance to the recognition of parents, both the mother and father. When a man has more than one wife, the parents of children born in such marriages can easily be identified. But in the case of a woman marrying more than one husband, only the mother of children born within the marriage would be known without resorting to laboratory tests. Psychologists tell us that children who do not know their parents, the father in particular, undergo severe mental disturbances and trauma, and often have unhappy childhoods.
Why does Islam impose such harsh punishments for sex outside marriage? Punishment in Islam has a social purpose, which is to dissuade others from committing the same crime. The nature of the punishment depends on the seriousness of the crime in question. Nowadays, some are opposed to the Islamic punishment for fornication and adultery because they see it as disproportionate or too harsh a punishment. The basic problem here is the different standards by which the severity of the crime is measured. Islam views adultery as a very serious crime, because it undermines the very foundation of the family system upon which the whole superstructure of the society is built. Illicit relationships destabilize the family and bring about the breakdown of the system. Family breakdown imperils the physical and mental health of future generations, which in turn leads to a vicious circle of decadence, dissipation, and dissolution. Therefore, it is imperative that all measures must be taken to protect the family. That is why Islam emphasizes protection of the family by imposing severe punishments for activities that threaten the family foundation. These punishments are the same for men and women alike. There is no overstating of the fact that Islamic punishments are only a part of a vastly larger integrated whole. There are essential conditions for the application of prescribed punishments in Islam: * First, Muslims are strongly encouraged to marry whenever possible, providing a lawful means of gratification. Prophet Muhammad (r) said:‘O youths, whoever of you can afford marriage [financially and physically] let him get married; for indeed it lowers the gaze, and keeps one chaste; whoever cannot get married, he should fast, for it safeguards him.’
A man may legally take as many as four wives as long as he treats each of them equitably and justly. In cases of confirmed incompatibility or dissatisfaction, a wife has the right to request the dissolution of the marriage. * Second, Muslims, whether married or unmarried, must adhere to proper dress and behavior guidelines at all times. Privacy is to be respected and compromising situations strictly avoided as a matter of obedience to. * Third, only a legitimate Islamic government has the right to implement these punishments. Such an Islamic government must establish justice as its core value in all affairs so that the social and cultural environment of the country is congenial for the moral life of its citizens. It is only after the above two conditions have been fulfilled that a government is entitled to implement Islamic punishments on its land, and only then does the court gain the authority to judge a case according to its provisions. * And finally, any case that comes before the court for judgment must be investigated thoroughly and proper evidence brought before the court to satisfy all the requirements of Islamic law. Conviction is subject to strict conditions, which are most difficult to fulfill. This means that, in reality, the punishments are seldom carried out without the connivance of the criminal and serve primarily as deterrents. Under Islamic law, why is a woman’s share of inherited wealth half that of a man’s? Islam abolished the former practice whereby inheritance went only to the oldest male heir. According to the Qur’an, a woman automatically inherits from her father, her husband, her son and her childless brother. The Qur’an contains specific guidance regarding the division of the inherited wealth among the rightful beneficiaries. The three verses that broadly describe the share of close relatives are found in Surah an-Nisaa’, verses 11, 12 and 176. In these verses, establishes the right of children, parents and spouses to inherit a specific share without leaving the matter to human judgment and emotions. In the absence of certain close relatives, a share is apportioned to more distant ones. The system of inheritance is a perfectly balanced product of the Creator’s knowledge of human need and takes into account His imposition of greater responsibility upon particular members of the family in varying situations. In most cases, the female inherits a share that is half that of the male. However, this is not always so. There are certain instances when they inherit equal shares, and in some cases, a female can inherit a share that is more than that of the male. But even when the male is given a larger share there is a perfectly logical reason behind it. In Islam a woman has no financial obligations towards her family, even if she is wealthy or has her own source of income; the economic responsibility always lies upon the man. As long as a woman remains unmarried, it is the legal obligation of her father, brother or other guardian to provide her food, clothing, medication, housing and other financial needs. After she is married, it is the duty of her husband or adult son. Islam holds the man financially responsible for fulfilling all the needs of his family. So, the difference in shares does not mean that one sex is preferred over the other. It represents a just balance between the roles and responsibilities of family members according to their natural, physical and emotional makeup. In general, the woman is in charge of running the household and taking care of the needs of those within it, so she is alleviated from financial obligations. Despite this, she receives a share of inheritance which becomes her own property to save or use as she pleases. No other person has claim to any portion of her share. In contrast, the man’s share becomes a part of his property from which he is obligated to maintain his children and all female members of the household, so it is constantly being consumed. Suppose someone died leaving a son and a daughter. The son’s share of inheritance will be depleted when he gives a dowry to his wife and supports his family, including his sister until she marries. Any additional income will have to be earned through his work. However, his sister’s share remains untouched, or might even increase if she invests it. When she marries, she will receive a dowry from her husband and will be maintained by him, having no financial responsibilities whatsoever. Thus, a man might conclude that Islam has favored women over men! In addition, the Muslim may make a bequest at his own discretion, in which he can will up to one third of his property to anyone who would not inherit otherwise. The bequest can be a means of assistance to other relatives and people in need, both men and women. One may also allocate this portion or part of it toward charities and good works of his choice.[1] John Esposito, Islam: The Straight Path, Oxford University, 1988, p. 97
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