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The complex relationship between women and Islam is defined by both Islamic texts and the history and culture of the Muslim world.¹ Sharia (Islamic law) provides for differences between women's and men's roles, rights, and obligations. Muslim-majority countries give women varying degrees of rights with regards to marriage, divorce, civil rights, legal status, dress code, and education.

Even where these differences are acknowledged, scholars and other commentators vary as to whether they are just and whether they are a correct interpretation of religious imperatives. Conservatives argue that differences between men and women are due to different status and responsibilities,² while liberal Muslims, Muslim feminists, and others argue in favor of more progressive interpretations.

Contents 1 Sources of influence 2 Early historical background 2.1 Early reforms under Islam 2.2 Female education 2.3 Female employment 2.4 Marriage and divorce 3 Gender roles 4 Sex segregation 5 Financial matters 5.1 Financial obligations 5.2 Inheritance 5.3 Employment 6 Legal and criminal matters 6.1 Rape 6.2 Honor killings 7 Marriage and sexuality 7.1 Who may be married? 7.2 Marriage contract 7.3 Behavior within marriage 7.4 Sexuality 7.5 Divorce 8 Movement and travel 9 Dress code 10 Women in religious life 11 Women and politics 12 Modern debate on the status of women in Islam 12.1 Conservatives and the Islamist movement 12.2 Liberal Islam, Islamic feminism, and other progressive criticism 13 See also 14 References 15 Works cited 16 Further reading 16.1 Scripture 16.2 Books 16.3 Articles

Sources of influence

Islamic law is the product of Quranic guidelines, as understood by Islamic jurisprudence (fiqh), as well as of the interpretations derived from the traditions of Muhammad (hadith), which were also selected by a number of historical Islamic scholars.¹ These interpretations and their application were shaped by the historical context of the Muslim world.¹ Furthermore, whether or not Muslims tended to follow these rules was dependent on the prevailing culture, which differed between social classes, local conditions, and regions.^{citation needed} Quranic reforms, which in many regions improved the position of women relative to their situation prior to Islam, have often been undermined by the reassertion of tribal customs, or the use of such customs under the name of Islamic law. The spirit of the Quranic reforms may also have been modified by historical or cultural interpretations, reaffirming male dominance and perpetuating gender inequality.^{citation needed}

Early historical background

See also: Women in Arab societies and Women in Iraq

To evaluate the effect of Islam on the status of women, many writers have discussed the status of women in pre-Islamic Arabia, and their findings have been mixed.³ Some writers have argued that women before Islam were more liberated drawing most often on the first marriage of Muhammad and that of Muhammad's parents, but also on other points such as worship of female idols at Mecca.³ Other writers, on the contrary, have argued that women's status in pre-Islamic Arabia was poor, citing practices of female infanticide, unlimited polygyny, patrilineal marriage and others.³ Valentine M. Moghadam analyzes the situation of women from a marxist theoretical framework and argues that the position of women are mostly influenced by the extent of urbanization, industrialization, poletarization and political ploys of the state managers rather than culture or intrinsic properties of Islam; Islam, Moghadam argues, is neither more nor less patriarchal than other world religions especially Hinduism, Christianity and Judaism. ⁴⁵

Islam changed the structure of Arab society and to a large degree unified the people, reforming and standardizing gender roles throughout the region. According to Islamic studies professor William Montgomery Watt, Islam improved the status of women by "instituting rights of property ownership, inheritance, education and divorce."⁶

Some have argued that in terms of women's rights, women generally had fewer legal restrictions under Islamic law than they did under certain Western legal systems until the 20th century. For example, restrictions on the legal capacity of married women under French law were not removed until 1965.⁷ However this argument is opposed by those^who? who state that the consensus of Islamic Jurists has consistently held that in many cases a woman's evidence has half the value of that of a man, and that in some cases it is not admissible.^{citation needed} To clarify, in matters of business, two men's testimony is required, and where there is only one man, two women and one man are required. In matters of family, marriage, divorce and such, however, one woman's evidence is enough to prove a case.

Noah Feldman, a law professor at Harvard University, notes:

As for sexism, the common law long denied married women any property rights or indeed legal personality apart from their husbands. When the British applied their law to Muslims in place of Shariah, as they did in some colonies, the result was to strip married women of the property that Islamic law had always granted them — hardly progress toward equality of the sexes.⁸

Early reforms under Islam

Main article: Early reforms under Islam

During the early reforms under Islam in the 7th century, reforms in women's rights affected marriage, divorce and inheritance.⁹ Women were not accorded with such legal status in other cultures, including the West, until centuries later.¹⁰ The Oxford Dictionary of Islam states that the general improvement of the status of Arab women included prohibition of female infanticide and recognizing women's full personhood.¹¹ "The dowry, previously regarded as a bride-price paid to the father, became a nuptial gift retained by the wife as part of her personal property."¹²⁹ Under Islamic law, marriage was no longer viewed as a "status" but rather as a "contract", in which the woman's consent was imperative.¹²⁹¹¹ "Women were given inheritance rights in a patriarchal society that had previously restricted inheritance to male relatives."⁹ Annemarie Schimmel states that "compared to the pre-Islamic position of women, Islamic legislation meant an enormous progress; the woman has the right, at least according to the letter of the law, to administer the wealth she has brought into the family or has earned by her own work."¹³ William Montgomery Watt states that Muhammad, in the historical context of his time, can be seen as a figure who testified on behalf of women’s rights and improved things considerably. Watt explains: "At the time Islam began, the conditions of women were terrible - they had no right to own property, were supposed to be the property of the man, and if the man died everything went to his sons." Muhammad, however, by "instituting rights of property ownership, inheritance, education and divorce, gave women certain basic safeguards."¹⁴ Haddad and Esposito state that "Muhammad granted women rights and privileges in the sphere of family life, marriage, education, and economic endeavors, rights that help improve women's status in society."¹⁵

Female education

Main article: Madrasah

Women played an important role in the foundations of many Islamic educational institutions, such as Fatima al-Fihri's founding of the University of Al Karaouine in 859. This continued through to the Ayyubid dynasty in the 12th and 13th centuries, when 160 mosques and madrasahs were established in Damascus, 26 of which were funded by women through the Waqf (charitable trust or trust law) system. Half of all the royal patrons for these institutions were also women.¹⁶

According to the Sunni scholar Ibn Asakir in the 12th century, there were opportunities for female education in the medieval Islamic world, writing that women could study, earn ijazahs (academic degrees), and qualify as scholars and teachers. This was especially the case for learned and scholarly families, who wanted to ensure the highest possible education for both their sons and daughters.¹⁷ Ibn Asakir had himself studied under 80 different female teachers in his time. Female education in the Islamic world was inspired by Muhammad's wives: Khadijah, a successful businesswoman, and Aisha, a renowned hadith scholar and military leader. According to a hadith attributed to Muhammad, he praised the women of Medina because of their desire for religious knowledge:¹⁸

"How splendid were the women of the ansar; shame did not prevent them from becoming learned in the faith."

While it was not common for women to enroll as students in formal classes, it was common for women to attend informal lectures and study sessions at mosques, madrasahs and other public places. While there were no legal restrictions on female education, some men did not approve of this practice, such as Muhammad ibn al-Hajj (d. 1336) who was appalled at the behaviour of some women who informally audited lectures in his time:¹⁹

"[Consider] what some women do when people gather with a shaykh to hear [the recitation of] books. At that point women come, too, to hear the readings; the men sit in one place, the women facing them. It even happens at such times that some of the women are carried away by the situation; one will stand up, and sit down, and shout in a loud voice. [Moreover,] her 'awra will appear; in her house, their exposure would be forbidden — how can it be allowed in a mosque, in the presence of men?"

Female employment

See also: Islamic economics in the world

The labor force in the Caliphate were employed from diverse ethnic and religious backgrounds, while both men and women were involved in diverse occupations and economic activities.²⁰ Women were employed in a wide range of commercial activities and diverse occupations²¹ in the primary sector (as farmers for example), secondary sector (as construction workers, dyers, spinners, etc.) and tertiary sector (as investors, doctors, nurses, presidents of guilds, brokers, peddlers, lenders, scholars, etc.).²² Muslim women also held a monopoly over certain branches of the textile industry,²¹ the largest and most specialized and market-oriented industry at the time, in occupations such as spinning, dying, and embroidery. In comparison, female property rights and wage labour were relatively uncommon in Europe until the Industrial Revolution in the 18th and 19th centuries.²³

In the 12th century, the famous Islamic philosopher and qadi (judge) Ibn Rushd, known to the West as Averroes, claimed that women were equal to men in all respects and possessed equal capacities to shine in peace and in war, citing examples of female warriors among the Arabs, Greeks and Africans to support his case.²⁴ In early Muslim history, examples of notable female Muslims who fought during the Muslim conquests and Fitna (civil wars) as soldiers or generals included Nusaybah Bint k’ab Al Maziniyyah,²⁵ Aisha,²⁶ Kahula and Wafeira,²⁷ and Um Umarah.

A unique feature of medieval Muslim hospitals was the role of female staff, who were rarely employed in ancient and medieval healing temples elsewhere in the world. Medieval Muslim hospitals commonly employed female nurses, including nurses from as far as Sudan, a sign of great breakthrough. Muslim hospitals were also the first to employ female physicians, the most famous being two female physicians from the Banu Zuhr family who served the Almohad ruler Abu Yusuf Ya'qub al-Mansur in the 12th century.²⁸ This was necessary due to the segregation between male and female patients in Islamic hospitals. Later in the 15th century, female surgeons were illustrated for the first time in Şerafeddin Sabuncuoğlu's Cerrahiyyetu'l-Haniyye (Imperial Surgery).²⁹

Marriage and divorce

See also: Talaq (Nikah)

In contrast to the Western world where divorce was relatively uncommon until modern times, and in contrast to the low rates of divorce in the modern Middle East, divorce was a common occurence in the pre-modern Muslim world. In the medieval Islamic world and the Ottoman Empire, the rate of divorce was higher than it is today in the modern Middle East.³⁰ In 15th century Egypt, Al-Sakhawi recorded the marital history of 500 women, the largest sample on marriage in the Middle Ages, and found that at least a third of all women in the Mamluk Sultanate of Egypt and Syria married more than once, with many marrying three or more times. According to Al-Sakhawi, as many as three out of ten marriages in 15th century Cairo ended in divorce.³¹ In the early 20th century, some villages in western Java and the Malay peninsula had divorce rates as high as 70%.³⁰

Gender roles

Main article: Gender roles in Islam

In Islam, relations between the sexes are governed by the principle of complementarity.³²³³

In the family unit, Islam honours mothers very highly.

Narrated Abu Huraira: A man came to Allah's Messenger and said, "O Allah's Messenger! Who is more entitled to be treated with the best companionship by me?" The Prophet said, "Your mother." The man said. "Who is next?" The Prophet said, "Your mother." The man further said, "Who is next?" The Prophet said, "Your mother." The man asked for the fourth time, "Who is next?"The Prophet said, "Your father." [Sahih Bukhari 8.73.2] [3]

As men are blessed with more strength, they're commanded to support and take care of women; where as women safeguards.

"Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband's) absence what Allah would have them guard..." ^Qur'an 4:34

Still even though men are given more strength, kindness to women are commanded. It is forbidden to take women against their will.

"O you who believe! It is not lawful for you that you should take women as heritage against (their) will, and do not straiten them in order that you may take part of what you have given them, unless they are guilty of manifest indecency; And treat them kindly; then if you hate them, it may be that you dislike a thing while Allah has placed abundant good in it."^Qur'an 4:19

"...O People, it is true that you have certain rights with regard to your women, but they also have rights over you. Remember that you have taken them as your wives only under Allah's trust and with His permission. If they abide by your right then to them belongs the right to be fed and clothed in kindness. Do treat your women well and be kind to them for they are your partners and committed helpers. And it is your right that they do not make friends with any one of whom you do not approve, as well as never to be unchaste..." [Prophet's Last Sermon] [4]

In many Islamic societies, there is a division of roles creating a woman’s space in the private sphere of the home and a man’s in the public sphere.³⁴

Sex segregation

Main article: Sex segregation and Islam

See also: Purdah

Islam discourages social interaction between unmarried or unrelated men and women when they are alone, but not all interaction between men and women. This is shown in the example of Khadijah, a rich, twice widowed businesswoman who employed Muhammad and met with him to conduct trade before they were married, and in the example set by his other wives, who taught and counseled the men and women of Medina.

In strict Islamic countries, such as Saudi Arabia, sex segregation has been or is strictly enforced. The Taliban treatment of women in Afghanistan is an extreme example of this. Even in countries where the sexes mingle socially, they generally remain segregated within the mosque (see Women in religious life below).

Financial matters

Islam gives women the right to own, which entitles them to have personal possessions. While women have no financial obligations like men, some of their financial rights are less. Women's share of inheritance, as outlined in the Qur'an, is typically less than that of men, but in some cases, women get more, depending on their placement in the family, and the existence of other heirs. Women's right to work is also disputed.

According to Bernard Lewis, while Islam sanctions a social inequality between man and woman, Muslim women have historically had property rights unparalleled in the modern West until comparatively recently.³⁵

In general, as Valentine M. Moghadam argues, "much of the economic modernization [of women] was based on income from oil, and some came from foreign investment and capital inflows. Economic development alters the status of women in different ways across nations and classes"³⁶. This is a proof that since always the status of women was influenced by the economy of the region and its development.

Financial obligations

A woman, when compared with her husband, is far less burdened with any claims on her possessions. Her possessions before marriage do not transfer to her husband and she is encouraged to keep her maiden name. She has no obligation to spend on her family out of such properties or out of her income after marriage. A woman also receives a mahr (dowry), which is given to her by her husband at the time of marriage.³⁷ Women are not required to provide financial support for their family under Sharia Law. Men as with women also have the right to be supported financially by their families or State.³⁸³⁹

Inheritance

Main article: Islamic inheritance jurisprudence#Women and inheritance

In Islam, women are entitled the right of inheritance,^Qur'an 4:7 but often a woman's share of inheritance is less than that of a man's. In general circumstances, Islam allows females half the inheritance share available to males who have the same degree of relation to the deceased.⁴⁰ This difference derives from men's obligation to financially aid his parents, wife, children, and sisters, while the women's share would be entirely at her own disposal. ¹

In most Muslim nations, the law of the state concerning inheritance is in accordance with this law.^{citation needed}

The Qur'an guarantees women the right to inherit a proportion of their father's estate. A widowed woman inherits a portion of her husband's estate.

Scholars argue under Islamic law, why is a woman's share of the inherited wealth only half that of a man?

Koran contains specific and detailed guidance regarding the division of the inherited wealth, among the rightful beneficiaries.

The Quraanic verses that contain guidance regarding inheritance are:

Surah Baqarah, chapter 2 verse 180 Surah Baqarah, chapter 2 verse 240 Surah Nisa, chapter 4 verse 7-9 Surah Nisa, chapter 4 verse 19 Surah Nisa, chapter 4 verse 33 and Surah Maidah, chapter 5 verse 106-108

There are three verses in the Koran that broadly describe the share of close relatives i.e. Surah Nisah chapter 4 verses 11, 12 and 176.

The translation of these verses are as follows:

"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. For parents, a sixth share of the inheritance to each, if the deceased left children; If no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah; and Allah is All-Knowing, All-Wise. In what your wives leave, your share is half. If they leave no child; but if they leave a child, ye get a fourth; after payment of legacies and debts. In what ye leave, their share is a fourth, if ye leave no child; but if ye leave a child, they get an eight; after payment of legacies and debts. If the man or woman whose inheritance is in question, has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus it is ordained by Allah; and Allah is All-Knowing Most Forbearing" [Al-Qur'an 4:11-12]

"They ask thee for a legal decision. Say: Allah directs (them) about those who leave no descendants or ascendants as heirs. If it is a man that dies, leaving a sister but no child, she shall have half the inheritance. If (such a deceased was) a woman who left no child, Her brother takes her inheritance. If there are two sisters, they shall have two thirds of the inheritance (between them). If there are brothers and sisters, (they share), the male having twice the share of the female. Thus doth Allah (swt) makes clear to you (His knowledge of all things). [Al-Qur'an 4:176]

In most of the cases, a woman inherits half of what her male counterpart inherits. However, this is not always the case. In case the deceased has left no ascendant or descendent but has left the uterine brother and sister, each of the two inherit one sixth. If the deceased has left children, both the parents that is mother and father get an equal share and inherit one sixth each. In certain cases, a woman can also inherit a share that is double that of the male. If the deceased is a woman who has left no children, brothers or sisters and is survived only by her husband, mother and father, the husband inherits half the property while the mother inherits one third and the father the remaining one sixth. In this particular case, the mother inherits a share that is double that of the father.

It is true that as a general rule, in most cases, the female inherits a share that is half that of the male. For instance in the following cases:

daughter inherits half of what the son inherits, wife inherits 1/8th and husband 1/4th if the deceased has no children. Wife inherits 1/4th and husband 1/2 if the deceased has children If the deceased has no ascendant or descendent, the sister inherits a share that is half that of the brother.

In Islam a woman are required by Sharia to financially support their blood-related relatives. Before a woman is married it is the duty of the father to look after the lodging, boarding, clothing and other financial requirements of the woman. After she is married it is the duty of the husband.

Islam holds the men and women financially responsible for fulfilling the needs of his family.

The men get double the share of the inheritance. For example, if a man dies leaving about Rs. One Hundred and Fifty Thousand, for the children (i.e one son and one daughter) the son inherits One Hundred Thousand dollars and the daughter only Fifty Thousand dollars. Out of the one hundred thousand which the son inherits, as his duty towards his family, he may have to spend on them almost the entire amount or say about eighty thousand and thus he has a small percentage of inheritance, say about twenty thousand, left for himself. On the other hand, the daughter, who inherits fifty thousand is bound to spend the money for his blood-related family members.

Employment

Women are allowed to work in Islam, subject to certain conditions, and even recommended to do so should they be in financial need.⁴¹ This is supported by the Quranic example of two female shepherds (^{Qur'an 28:23}).⁴¹ Islam recognizes that the society needs women to work for the sake of development. In general, women's right to work is subject to certain conditions:⁴¹

• The work should not require the woman to violate Islamic law (e.g., serving alcohol), and be mindful of the woman's safety.
• If the work requires the woman to leave her home, she must maintain her modesty.
• Her work should not affect more important commitments, such as those towards her family.

Furthermore, it is the responsibility of the Muslim community to organize work for women, so that she can do so in a Muslim atmosphere, where her rights are respected.⁴¹

However, the employment of women varies over fields in Islamic law. Whereas women may seek medical treatment from men, it is preferred that they do so from female physicians. It is also preferred that female schools, colleges, sports centers and ministries be staffed by women rather than men. On the contrary, there are disagreements between Islamic schools of thought about whether women should be able to hold the position of judge in a court. Shafi`ites claim that women may hold no judicial office, while Hanafites allow women to act as judges in civil cases only, not criminal ones. These interpretations are based on the above quoted Medinan sura (verse) ^Qur'an 4:34.⁴²

Even when women have the right to work and are educated, women's job opportunities may in practice be unequal to those of men. In Egypt for example, women have limited opportunities to work in the private sector because women are still expected to put their role in the family first, which causes men to be seen as more reliable in the long term.⁴³ Patterns of women's employment vary throughout the Muslim world: as of 2005, 16% of Pakistani women were "economically active" (either employed, or unemployed but available to furnish labor), whereas 52% of Indonesian women were.⁴⁴

Legal and criminal matters

The status of women's testimony in Islam is disputed. Some jurists have held that certain types of testimony by women will not be accepted.⁴⁵. In other cases, the testimony of two women can equal that of one man ( although Quran says 2 women and 2 male are needed but if a male cannot find another male he may carry this testimony out himself).^{45Qur'an 2:28246} The reason for this disparity has been explained in various manners, including women's lack of intelligence,⁴⁷ women's temperament and sphere of interest,⁴⁸ and sparing women from the burden of testifying.⁴⁹ In other areas, women's testimony may be accepted on an equal basis with men's.⁴⁵⁵⁰

Commentators on the status of women in Islam have often focused on disparities in diyyat, the fines paid by killers to victims' next of kin after either intentional or unintentional homicide,⁵¹ between men and women. Diyya has existed in Arabia since pre-Islamic times.⁵²⁵³ While the practice of diyya was affirmed by Muhammed,⁵³ Islam does not prescribe any specific amount for diyyat nor does it require discrimination between men and women;⁵¹ the Qur'an has left open its quantity, nature, and other related affairs to be defined by social custom and tradition.⁵¹ Traditionally, however, diyya for a woman is half that of a man;⁵⁴⁵⁵ this is currently codified in the laws of some Muslim-majority countries such as Iran.⁵⁶

Rape

Islamic criminal jurisprudence does not discriminate between genders in punishments for crimes.^{citation needed}. In case of sexual crimes such as zina (fornication), for both men and women four witnesses are required to testify that they have seen the accused individuals having intercourse, in the eyes of the islamic law if the woman commits zina and as a result becomes pregnant she cannot be tried for zina if four witnesses are not available. The punishment for zina varies depending on the marital status of the guilty individuals. If they are single then both get a hundred lashes⁵⁷. If they are married the punishment is death, by stoning, or rajam.⁵⁸ The difficulty of prosecuting rapists and the possibility of prosecution for women who allege rape has been of special interest to activists for Muslim women's rights.⁵⁹ In the past decades there have been several high profile cases of pregnant women prosecuted for zina who claim to have been raped.^{606162 63}

The overwhelming majority of Muslim scholars believe that there is no punishment for a woman coerced into having sex.⁶⁴ According to a Sunni hadith, the punishment for committing rape is death, there is no sin on the victim, nor is there any worldly punishment ascribed to her.⁶⁵ However, the stringent requirements for proof of rape under some interpretations of Islamic law, combined with cultural attitudes regarding rape in some parts of the Muslim world, result in few rape cases being reported; even the cases brought forward typically result in minimal punishment for offenders or severe punishment for victims.⁶⁶ It can be difficult to seek punishment against rapists, because a zina case cannot be brought without four witnesses, Most scholars, however, treat rape instead as hiraba (disorder in the land),⁶⁷, which does not require four witnesses. The form of punishment and interpretation of Islamic law in this case is highly dependent on the legislation of the nation in question, and/or of the judge.

In Pakistan, at least 100 women are raped each day in Karachi alone, according to Additional Police Surgeon Dr Zulfiqar Siyal⁶⁸

Honor killings

See also: Honour Killing

According to law professor Noah Feldman in the New York Times, Islam "condemns the vigilante-style honor killings that still occur in some Middle Eastern countries."⁶⁹ So-called honor killings (murders, nearly exclusively of women, of persons who are perceived as having brought dishonor to their families) are often identified with Islam. The Hadith refer to a case where Mohammed sanctions the stoning of an adulterous women. Honor killings are sanctioned in Iran's and Afghanistan's penal codes in which honor killing is legal or lightly punished.⁷⁰ Honor killings are more common in Muslim-majority countries, though they occur in other countries as well.⁷¹ Many Muslim scholars and commentators say that honor killings are a cultural practice which is neither exclusive to, nor universal within, the Islamic world.⁷²⁷³

Marriage and sexuality

Who may be married?

See also: Islamic marital jurisprudence and Polygamy in Islam

According to Islamic law (sharia), marriage cannot be forced.³⁷⁷⁴

No age limits have been fixed by Islam for marriage. Though it is said that women should not be married under the age of nine. Children of the youngest age may be married or promised for marriage, although a girl is not handed across to her husband until she is fit for marital sexual relations.⁷⁵

Islamic jurists have traditionally held that Muslim women may only enter into marriage with Muslim men,⁷⁶ although some contemporary jurists question the basis of this restriction.⁷⁶⁷⁷⁷⁸ This is pursuant to the principle that Muslims may not place themselves in a position inferior to that of the followers of other religions.⁷⁹On the other hand, the Qur'an explicitly allows Muslim men to marry chaste women of the People of the Book, a term which includes Jews and Christians.⁸⁰⁷⁶ However, fiqh law has held that it is makruh (reprehensible, though not outright forbidden) for a Muslim man to marry a non-Muslim woman in a non-Muslim country.⁷⁶

Polygamy is permitted under restricted conditions,⁸¹ but it is not widespread.³⁸ Women are not allowed to engage in polyandry, whereas men are allowed to engage in polygyny (a man can take up to four wives at any given time as mentioned in Quran).⁸¹ Widow inheritance is 1/4 of the property of her deceased husband, however, if he had children the inheritance reduces to 1/8. The widow woman is allowed to marry any non-mahram person, if she wishes.^Qur'an 4:19

Marriage contract

Main article: Islamic marriage contract

The contract specifies the dowry (mahr) the groom gives to the bride upon their marriage. It may also specify where the couple will live, whether or not the first wife will allow the husband to take a second wife without her consent, whether or not the wife has the right to initiate divorce, and other such matters. The marriage contract somewhat resembles the marriage settlements once negotiated for upper-class Western brides, but can extend to non-financial matters usually ignored by marriage settlements or pre-nuptial agreements.

In practice, most Islamic marriages are entered into without a written contract, or with a "fill in the blanks" form supplied by the officiant. In such cases, Islamic law, influenced by custom and/or rulings by local courts based on local law, governs the treatment of a divorcee or widow, and is often, in the opinion of Islamic feminists, unfair or unkind. Islamic feminists have been active in informing Muslim women of their rights under Islamic law (sharia) and encouraging them to negotiate favorable contracts before marriage.

Behavior within marriage

Main articles: Rights and obligations of spouses in Islam and Domestic violence and Islam

The Qu'ran considers the love between men and women to be a Sign of God.^{Qur'an 30:21} Islam advocates a harmonious relationship between husband and wife, and mandates that the will of the woman be honoured.^{citation needed} It puts the main responsibility of earning over the husband. Both are asked to fulfill the other's sexual needs.^{citation needed} Husbands are asked to be kind to their wives and wives are asked to be obedient to their husbands. The Qur'an also encourages discussion and mutual agreement regarding family decisions.³⁷

Sexuality

Main article: Islamic sexual jurisprudence

More positively, some hold that Islam enjoins sexual pleasure within marriage; see Asra Nomani's polemic "Islamic Bill of Rights for Women in the Bedroom".

A high value is placed on chastity (not to be confused with celibacy) for both men and women. To protect women from accusations of unchaste behaviour, the scripture lays down severe punishments towards those who make false allegations about a woman's chastity.^Qur'an 24:4

Female genital cutting has been erroneously associated with Islam,but in fact is practiced almost exclusvely in Africa and in certain areas has acquired a religious dimension⁸² The factuality of this is disputed though, as a UNICEF study of fourteen African countries found no correlation between religion and prevalence of FGM.⁸³

Divorce

Main article: Talaq (Nikah)

The rules for talaq (divorce) vary among the major Islamic schools. For both Shi'a and Sunni Muslims, the right to demand a divorce is primarily for men. Unless otherwise specified in the marriage contract, women can only seek divorce through court proceedings by convincing a qadi to grant a divorce. Shi'as and Sunnis believe that a wife can ask for a hula (also transliterated khulah) divorce.

Usually, assuming her husband demands a divorce, the divorced wife keeps her mahr (dowry), both the original gift and any supplementary property specified in the marriage contract. She is also given child support until the age of weaning, at which point the child's custody will be settled by the couple or by the courts.

Women’s right to divorce is often extremely limited compared with that of men in the Middle East.⁸⁴ While men can divorce their wives easily, women face many legal and financial obstacles. For example, in Yemen, women usually can ask for divorce only when the husband’s inability to support her life is admitted, while men can divorce at will by verbally declaring "I divorce you" to his wife. One time is similar to three times unlike commonly stated, since by verbally declaring the divorce to his wife, he is ending the current marriage whether it is said once or three times. If they however get back to each other and divorce happens again and then a third time, they are not allowed to get back together as husband and wife, unless the wife enters into another lawful and fully consummated marriage and is unfortunate in that marriage and has a divorce from her husband. This rule was made to discourage men from easily using the verbal declaration of divorce by knowing that after the third time there will be no way to return to the wife and thus encourage men's tolerance and patience.

In practice in most of the Muslim world today divorce can be quite involved as there may be separate secular procedures to follow as well.

This contentious area of religious practice and tradition is being increasingly challenged by those promoting more liberal interpretations of Islam.

Movement and travel

Both husbands and wives are required to inform their spouses before leaving home.⁸⁵ A woman needs her husband's permission to leave home, though general permission is sufficient for routine trips—with such permission, the wife need not seek permission for each individual trip.⁸⁵

Although no limitation or prohibition against women's travelling alone is mentioned in Quran, there is a debate in some Islamic sects, especially Salafis, regarding whether women may travel without a mahram (unmarriageable relative).⁸⁵ Some scholars state that a woman may not travel by herself on a journey that takes longer than three days (equivalent to 48 miles in medieval Islam).⁸⁶ According to the European Council for Fatwa and Research, this prohibition arose from fears for women's safety when travel was more dangerous.⁸⁵ Some scholars relax this prohibition for journeys likely to be safe, such as travel with a trustworthy group of men or men and women, or travel via a modern train or plane when the woman will be met upon arrival.⁸⁵

Sheikh Ayed Al-Qarni, a Saudi Islamic scholar known for his moderate views, has said that neither the Qur'an nor the sunnah prohibits women from driving and that it is better for a woman to drive herself than to be driven by a stranger without a legal escort.⁸⁷ (He also stated, however, that he "personally will not allow [his] wife or daughters or sisters to drive."⁸⁷) Women are forbidden to drive in Saudi Arabia per a 1990 fatwa (religious ruling);⁸⁸ Saudi Arabia is currently the only Muslim country that bans women from driving. ⁸⁹⁹⁰ When the Taliban ruled Afghanistan, they issued a 2001 decree that also banned women from driving.⁹¹ John Esposito, professor of International Affairs and Islamic Studies at Georgetown University, has argued that these restrictions originate from cultural customs and not Islam.⁸⁹

Dress code

Main article: Hijab

Hijab is the Quranic requirement that Muslims, both male and female, dress and behave modestly. The most important Quranic verse relating to hijab is sura 24:31, which says, "And tell the believing women to lower their gaze and guard their private parts and not to display their adornment except that which ordinarily appears thereof and to draw their headcovers over their chests and not to display their adornment except to their maharim..."

Scholars agree that a woman should act and dress in a way that does not draw sexual attention to her when she is in the presence of someone of the opposite sex. Some scholars specify which areas of the body must be covered; most of these require that everything besides the face and hands be covered, and some require all but the eyes to be covered, using garments such as chadors or burqas. Most mainstream scholars say that men, in contrast, should cover themselves from the navel to the knees.

Sartorial hijab as practiced varies throughout the Muslim world. In Iran, strict hijab requirements are enacted in law, while in Muslim-majority areas of India, social norms rather than law dictate the wearing of hijab. At the opposite end of the spectrum is Tunisia, where the government is actively discouraging women from wearing the veil.

Sartorial hijab, and the veil in particular, has often been viewed by Westerners as a sign of oppression of Muslim women.⁹² It has also been the cause of much debate, especially in Europe amid increasing immigration of Muslims;⁹³ the 2006 United Kingdom debate over veils and the 2004 French law on secularity and conspicuous religious symbols in schools are two notable examples.

Arab women often observe purdah (the practice of preventing men from seeing women). It is important to differentiate between purdah and hijab. Hijab is an Islamic tradition that is based on physical and psychological morality, while purdah does not necessarily conform to Islamic teachings.

Women in religious life

In Islam, there is no difference between men and women's relationship to God; they receive identical rewards and punishments for their conduct.⁹⁴

According to a saying attributed to Muhammad, women are allowed to go to mosques.⁹⁵ However, as Islam spread, it became unusual for women to worship in mosques because of fears of unchastity caused by interaction between sexes; this condition persisted until the late 1960s.⁹⁶ Since then, women have become increasingly involved in the mosque, though men and women generally worship separately.⁹⁷ (Muslims explain this by citing the need to avoid distraction during prayer prostrations that raise the buttocks while the forehead touches the ground.⁹⁸) Separation between sexes ranges from men and women on opposite sides of an aisle, to men in front of women (as was the case in the time of Muhammad), to women in second-floor balconies or separate rooms accessible by a door for women only.⁹⁸

In Islam's earlier history, female religious scholars were relatively common. Mohammad Akram Nadwi, a Sunni religious scholar, has compiled biographies of 8,000 female jurists, and orientalist Ignaz Goldziher earlier estimated that 15 percent of medieval hadith scholars were women.⁹⁹ After the 1500s, however, female scholars became fewer,⁹⁹ and today—while female activists and writers are relatively common—there has not been a significant female jurist in over 200 years.¹⁰⁰ Opportunities for women's religious education exist, but cultural barriers often keep women from pursuing such a vocation.⁹⁹

Women's right to become imams, however, is disputed by many. A fundamental role of an imam (religious leader) in a mosque is to lead the salah (congregational prayers). Generally, women are not allowed to lead mixed prayers. However, some argue that Muhammad gave permission to Ume Warqa to lead a mixed prayer at the mosque of Dar.¹⁰¹¹⁰²

Women and politics

See also: Female political leaders in Islam and in Muslim-majority countries and Timeline of first women's suffrage in majority-Muslim countries

The only hadith relating to female political leadership is Sahih Bukhari 5:59:709, in which Muhammad is recorded as saying that people with a female ruler will never be successful.¹⁰⁴ (The al-Bukhari collection is generally regarded as authentic, though one Muslim feminist has questioned the reliability of the recorder of this particular hadith.¹⁰⁴) However, some classical Islamic scholars, such as al-Tabari, supported female leadership.¹⁰⁴ In early Islamic history, women including Aisha, Ume Warqa, and Samra Binte Wahaib took part in political activities.¹⁰¹ Other historical Muslim female leaders include Razia Sultana, who ruled the Sultanate of Delhi from 1236 to 1239,¹⁰⁵¹⁰⁶ and Shajarat ad-Durr, who ruled Egypt from 1250 to 1257.¹⁰⁷

In the past several decades, many countries in which Muslims are a majority, including Indonesia,¹⁰⁸ Pakistan,¹⁰⁹ Bangladesh,¹¹⁰ and Turkey,¹¹¹ have been led by women. Nearly one-third of the Parliament of Egypt also consists of women.¹¹²

According to Sheikh Zoubir Bouchikhi, Imam of the Islamic Society of Greater Houston’s Southeast Mosque, nothing in Islam specifically allows or disallows voting by women.¹¹³ Until recently most Muslim nations were non-democratic, but most today allow their citizens to have some level of voting and control over their government. The disparate times at which women’s suffrage was granted in Muslim-majority countries is indicative of the varied traditions and values present within the Muslim world. Azerbaijan has had women's suffrage since 1918, but some Islamic states did not have women's suffrage until the last ten years^{citation needed}. Today, aside from Brunei (where neither men nor women can vote)¹¹⁴ and Saudi Arabia (where only men can vote),¹¹⁵ all Muslim-majority nations allow women to vote. (Lebanon requires proof of education for women to vote.¹¹⁶) It is to be noted that even where women's suffrage as a right is technically present, women may not as a practical matter be able to vote.^{citation needed}

Modern debate on the status of women in Islam

Within the Muslim community, conservatives and Islamic feminists have used Islamic doctrine as the basis for discussion of women's rights, drawing on the Qur'an, the hadith, and the lives of prominent women in the early period of Muslim history as evidence.¹¹⁷ Where conservatives have seen evidence that existing gender asymmetries are divinely ordained, feminists have seen more egalitarian ideals in early Islam.¹¹⁷ Still others have argued that this discourse is essentialist and ahistorical, and have urged that Islamic doctrine not be the only framework within which discussion occurs.¹¹⁷

Whether perceived injustice is according to Islamic religious doctrine or culture is disputed.

Conservatives and the Islamist movement

Conservatives reject the assertion that different laws prescribed for men and women imply that men are more valuable than women, arguing that both genders must have a different role in society and the only criterion of value before God is piety.^{citation needed} Some Islamic scholars justify the different religious laws for men and women by referring to the biological and sociological differences between men and women^{citation needed}. For example, regarding the inheritance law which states that women’s share of inheritance is half that of men, the imam Ali ibn Musa Al-reza reasoned that at the time of marriage a man has to pay something to his prospective bride, and that men are responsible for both their wives' and their own expenses but women have no such responsibility.¹¹⁹

The nebulous revivalist movement termed Islamism is one of the most dynamic movements within Islam in the 20th and 21st centuries. The experience of women in Islamist states has been varied. Women in Taliban-controlled Afghanistan faced treatment condemned by the international community.¹²⁰ Women were forced to wear the burqa in public,¹²¹ not allowed to work,¹²² not allowed to be educated after the age of eight,¹²³ and faced public flogging and execution for violations of the Taliban's laws.¹²⁴¹²⁵ The position of women in Iran, which has been a theocracy since its 1979 revolution, is more complex. Iranian Islamists are ideologically to sex segregation,^{citation needed}but allow many more rights such as allowing female legislators in Iran's parliament¹²⁶ and 60% of university students are women.¹²⁷

Liberal Islam, Islamic feminism, and other progressive criticism

Liberal Muslims have urged that ijtihad, a form of critical thinking, be used to develop a more progressive form of Islam with respect to the status of women.¹²⁸ In addition, Islamic feminists have advocated for women's rights, gender equality, and social justice grounded in an Islamic framework. Although rooted in Islam, pioneers of Islamic feminism have also used secular and western feminist discourses and have sought to include Islamic feminism in the larger global feminist movement. Islamic feminists seek to highlight the teachings of equality in Islam to question patriarchal interpretations of Islamic teachings.¹²⁹

After the September 11, 2001 attacks, international attention was suddenly focused on the condition of women in the Muslim world. ¹³⁰ Critics asserted that women are not treated as equal members of Muslim societies¹³¹¹³² and criticized Muslim societies for condoning this treatment.¹³¹ Some critics have gone so far as to make allegations of gender apartheid due to women's status.¹³³ At least one critic has alleged that Western academics, especially feminists, have ignored the plight of Muslim women to be "politically correct."¹³⁴

See also

• Islamic feminism
• Women in the Qur'an
• Role of women in religion
• Muhammad's wives
• Women in Arab societies
• Women's rights
• Cairo Declaration on Human Rights in Islam
• Hazrat Babajan

References