Men and Women are Equal in Islam

Friday, 17 September, 2011

One of the many misconceptions about Islam is that Islam, in its scheme for human worldly life, affords the male sex a superior position over the female sex. Those who have advocated this understanding have taken two verses of the Noble Qur’an to support their position. However, on close examination it becomes clear that neither of these two verses may be rightly interpreted or construed to sanction a position of superiority for men over that of women.

Here I give you the verses, with their meanings and commentary by Allamah al-Marhum Muhammad Asad, the scholar-intellect par excellence of Islam.

The First Verse and Its Commentary

"And the divorced women shall undergo, without remarrying,214 a waiting-period of three monthly courses: for it is not lawful for them to conceal what God may have created in their wombs,215 if they believe in God and the Last Day. And during this period their husbands are fully entitled to take them back, if they desire reconciliation; but, in accordance with justice, the rights of the wives [with regard to their husbands] are equal to the [husbands'] rights with regard to them, although men have precedence over them [in this respect].216 And God is almighty, wise." – Surah al-Baqarah: 228

214 Lit., "by themselves".

215 The primary purpose of this waiting-period is the ascertainment of possible pregnancy, and thus of the parentage of the as yet unborn child. In addition, the couple are to be given an opportunity to reconsider their decision and possibly to resume the marriage. See also 65:1 and the corresponding note 2.

216 A divorced wife has the right to refuse a resumption of marital relations even if the husband expresses, before the expiry of the waiting-period, his willingness to have the provisional divorce rescinded; but since it is the husband who is responsible for the maintenance of the family, the first option to rescind a provisional divorce rests with him.

Some Thoughts on the First Verse

A husband is given the right to take back his wife if she is provisionally divorced and if the waiting period has not expired. But the verse makes it clear that this can only be done if his intention is reconciliatory; in other words, the husband's intention should be to carry on the marital relationship in accordance with the letter and spirit of verse 21 of Surah al-Rum which reads as follows – “And among His wonders is this: He creates for you mates out of your own kind, so that you might incline towards them, and He engenders love and tenderness between you: in this, behold, there are messages indeed for people who think!”

We must always keep in our minds that the basic function and purpose of marriage in Islam are 1) to enable a man and woman to love each other with moral and spiritual purity and decency, 2) to enable them to accompany each other as partners in their worldly journey with mercy, happiness, and mutual support, and 3) to enable them to procreate children and nurture them into becoming good human beings through the sacred and necessary institution of the family. If the husband has any intention other than continuing the marriage with mutual love and consent, then he is rebelling against God, and the wife shall be protected from him, and her rights must be secured. Islamic shari'ah, despite what many would have us believe, is not blind by choice. It fails only where the human agent entrusted with its implementation fails, and it requires us to go so far as is humanly possible to achieve the ideal of justice, and if the husband is trying to use the rules of the shari'ah to abuse the wife, the shari'ah WILL take all necessary actions to stop him .

The fundamental ideal of justice, which is held so dear by Islam and commanded so unconditionally and categorically by the Noble Qur’an, is at work when it comes to regulating the institution of family as well. Islam will never leave the husband to commit injustices against the wife, and vice versa. The verse in question makes it very clear that in accordance with the principles of justice, the rights of the wife are similar to those of the husband. This is a clear Qur’anic statement which tells us that in marriage, rights and duties are mutual and reciprocal. Islam does not, as some people imagine, give a superior position to one, and more rights to one of them.

As for the expression – “although men have precedence over them, or wa li-al-rijali alaihinna darajatun” – in the verse, we have to accept the simple truth that the statement is strictly within the context of resuming marriage after provisional divorce, during the waiting period. In other words, the phrase, which constitutes part of the whole sentence in the verse in question, cannot be separated from the rest of the sentence and generalized, for that is against all logic and all the rules of semantics of all languages including Arabic. Here in this verse, the Qur’an is merely stating that in the matter of revoking or resuming marriage after provisional divorce, men shall have precedence over women, and it is not intended to be a general statement of men’s superiority over women. As you would see clearly, this is how Allamah Asad translates the verse, in its true context.

In relation to the family, Islam assigns the husband a position of duty - the duty to take care of the family and protect the family. This duty demands a corresponding position of leadership. This is necessary from a functional perspective as well, for if there is a social union, whether it is a family, or any other organization, there needs to be ONE person who leads, in order to ensure smooth functioning of the union. Such leadership in the family is not to be confused as anything amounting to a superior position. It is no less or more than a position of responsibility and duty. In fact, the husband's very limited authority as the head of the family is strictly regulated by God's laws of justice, and the rights of the wife are similar to his in principle, as can be seen from the verse. The husband does not have any authority or right to conduct the affairs of the family according to his whims and caprices. He must follow God's laws, and he must consult the wife and take her opinions into consideration as equal options in all matters, and the decision as to the matter should be a mutually taken one, taken in the light of Islamic rules regulating the family. If the wife's opinion is the better one, he has an Islamic duty to accept it. The husband can,as a leader, set aside the wife's opinion and act in accordance with his opinion only where it is just and reasonable to do so. The question is, where would it be just and reasonable to do so; It would be so in a situation where they have discussed over the matter and have not been able come to a mutually agreeable point of view, where one of the two differing views needs to be acted upon, where the husband's opinion is not oppressive against the wife but is just and fair, and where the husband's view does not wrongfully violate the wife's rights and feelings. In such circumstances only can the husband, as a leader, choose his view over that of the wife.

The Second Verse and Its Commentary

"MEN SHALL take full care of women with the bounties which God has bestowed more abundantly on the former than on the latter,42 and with what they may spend out of their possessions. And the righteous women are the truly devout ones, who guard the intimacy which God has [ordained to be] guarded."43 – Surah al-Nisa: 34

42 Lit., "more on some of them than on the others". - The expression qawwam is an intensive form of qa'im ("one who is responsible for" or "takes care of" a thing or a person). Thus, qama 'ala l-mar'ah signifies "he undertook the maintenance of the woman" or "he maintained her" (see Lane VIII, 2995). The grammatical form qawwam is more comprehensive than qa'im, and combines the concepts of physical maintenance and protection as well as of moral responsibility: and it is because of the last-named factor that I have rendered this phrase as "men shall take full care of women".

43 Lit., "who guard that which cannot be perceived (al-ghayb) because God has [willed it to be] guarded".

Some Thoughts on the Second Verse

Allamah Asad has explained the meaning of the word qawwamun in the context of its use, and cleared the misconceptions surround the implications of the term in Qur’anic studies. I would like to merely state that the traditional understanding of this term and the phrase that goes with it, as another authority for men’s superiority over women, is not acceptable.

Men are assigned a position of duty towards the family (and a corresponding position of leadership), not because they are superior, but merely based on functional grounds. Islam assigns different and distinct functions for man and woman in their family union, so that their family shall work in a balanced manner, and thus be successful. In accordance with God’s plan, financial support of the family is a duty assigned to the man, though Islam does not oppose or disapprove the wife working and earning income without compromising her family duties, and without disrupting the smooth functioning of the family. In fact, Islam allows the wife to keep all her earnings for herself, imposes no duty whatsoever on her to provide it or contribute out of it for the expenses of the family, although the husband and wife can do it if it is their wish.

Conclusion

No man is superior to another before God, though some are obviously nobler and better than others because of their own chosen virtues. Such nobleness is not by virtue of sex, or nationality, or ethnicity, or anything akin to that. It is only by virtue of the person’s God-consciousness! It is by virtue of the person’s love towards God and God’s Creation, and by virtue of the person’s spiritual and moral integrity. Man and Woman are both on the same standing with regards to God, and they are one and the same creature before God, and it is from them that the human race proceeds forth as a nation of equal subjects of God. Therefore, let us repeat in conclusion this beautiful statement from the Noble Qur’an:

“O men! Behold, We have created you all out of a male and a female, and have made you into nations and tribes, so that you might come to know one another. Verily, the best of you in the sight of God is the one who is most deeply conscious of Him. Behold, God is all-knowing, all-aware.” – Surah al-Hujraat: 13

Comments