As we continue our discussion of women’s rights in Islam, it is important for us to pay attention to context and history in order to understand the way women’s rights were understood during the time of the Prophet. By doing this, the role of women in the religion will make more sense in modern times. Generally, this is how religious scholars and academics study religion because, while the information and practice should be applied in any time period, the context in which the different practices and principles came about developed out of a need for the community of believers at the time. If the principle is taken out of context and applied in modern times without concern for its original application, the soul and true intention is lost. Sometimes we can see this in predominantly Muslim societies of the Middle East and South Central and Eastern Asia wherein women’s rights are sometimes sidelined or the religious interpretation is out of the sync with Quranic principles. Unfortunately, this perpetuates the stereotype that women are treated as second-class citizens in Islam. In order to address this problem and create important distinctions, comparing and contrasting using the original sources such as the Quran will allow readers to understand women’s rights as they were initially intended within the religion. The best way to begin this discussion is by comparing particular topics regarding women within pre-Islamic Arabian society as well as after Islam was revealed to the Prophet. For this blog post, we will explore the topics of marriage and divorce and women’s rights and responsibilities.
Before Islam was revealed to the Prophet and his community, a women’s position in the society of the Arabian peninsula was much different. Due to the tribal basis of Arabian society at this time as well as the traditional patrilineal custom of inheritance, men’s rights and desires almost always trumped those of women. Infanticide was common for female babies and in general, women were considered a burden on the family. The pride of the family and weight of responsibility lay with the males. This led to men marrying as many women as they chose, a lack of inheritance for women, and no choice for women whether or not to marry or divorce. Women’s status in pre-Islamic society is often described as harsh and lacking in very basic rights unless the woman was of high-status and from a well-respected family within the tribe. Women were usually referred to as a type of property and an item with which to use in trade and financial transactions. Indeed, a woman’s worth was seemingly not acknowledged, particularly in relation to a man’s value.
When the Quran was revealed to the Prophet and he recited the verses to his community, it became clear that Islam had a particular focus on improving the status of women and that this issue was something of concern for the Prophet. “In Islamic marriage, a legal contract is the basis of the union, with the rights and duties plainly laid out and mutually agreed upon by both parties.” There are many sayings and stories about the Prophet concerning women’s rights and attitudes toward women in general. His relationship with his first wife Khadijah was seen as a model for the relationship between husbands and wives. As the Quran was revealed, several verses discussed women’s rights and their choices when it came to marriage. For example, in Surat Al-Rum 21, God makes it explicit that He created humanity as man and woman and they were intended to be together and provide tranquility and affection. In Surat Al-Nisaa 1, we find: “O mankind, fear your Lord, who created you from one soul and created from it its mate and dispersed from both of them many men and women. And fear Allah, through whom you ask one another, and the wombs. Indeed Allah is ever, over you, an Observer.” In essence, admitting that men and women were created from one was radical–especially to even compare women with men, the previously exalted figure of seventh-century society. There are other verses of the Quran reiterating this idea about the special relationship between men and women in marriage which reflects the importance of marriage in Islam. These verses and others mention how men and women should respect each other in marriage, no doubt reflecting the idea that stability in the marriage relationship leads to the foundation of strong societies.
In those instances, where marriage does not work out, women do have options. There are various verses in the Quran dealing with divorce. They deal with topics such as parting on good terms, appointing a mediator, allowing for remarriage, providing support to divorced women, and allowing for reconciliation if they change their minds on divorce after the fact. These verses explicitly lay out women’s rights and responsibilities when she requests a divorce and the assistance she receives when this procedure takes place. In pre-Islamic societies, such a notion of supporting a woman after divorce occurs was unheard of. Indeed, divorced and widowed women were unsupported and considered a societal burden. By creating a basis by which women could obtain a divorce and be supported afterwards, the society begins to institute the normalization of women requesting the same rights that men ask for and that allow women to maintain a normal role in society instead of divorce leading to her shame in society.
As discussed, the rights of women concerning marriage and divorce are fairly explicit and further guidance can be taken from the Hadith of the Prophet himself. Much of the stereotypes about women’s rights in Islam often come from news clippings and scattered media coverage of sensationalist and unfortunately occurrences happening in the Muslim world. As Frederick Matthewson Denny suggests,
“As was suggested above, the original teachings of Islam, as contained in the Quranic revelation, may be seen to be quite liberating to women, whereas the subsequent history of the Umma saw the triumph of absolute male domination, not only of the institutions of Islamic civilization but also of the sources principles, and procedures of its discourse.”
The institutions and practice of the religion that has developed in Muslim-majority countries and societies may not reflect the aforementioned understanding of marriage and divorce when it comes to men and women, but this debate and discussion must be had by Muslims themselves since.