Note: Woman holds an exalted position in the pristine religion of Islam, and in none of the verses or narrations do we observe superiority of man over woman; the difference lies solely in the degree of piety (taqwa) possessed by each. Furthermore, Islam emphasizes that women, like men, possess the ability to attain the station of divine proximity; however, in certain instances, distinct duties and obligations are stated for them, naturally stemming from their physical differences. Despite such a position for women in Islam, we occasionally observe individuals harboring malice toward Islam raising doubts against the rights and status of women in Islam, requiring suitable and scientific responses to such perspectives. To further examine the status of women in Islam and compare it with the status of women in other religions, we sat down for a conversation with Nasim Arabi, faculty member at the University of Islamic Denominations.
In your view, what are the most important criticisms regarding the status of women in Islam, and what is their cause?
At times, the question is raised: Is it scientifically correct and logical to say that because differences exist in the creation of men and women, distinction should exist in the rights granted in response to these differences, and is such an act considered justice? On the other hand, they ask: Based on what logic did God create differences in creation, granting man traits such as greater courage, strength, and capability in tough arenas, while bestowing greater delicacy upon woman? Therefore, is it correct to assign unequal rights to women due to this difference in creation? These questions stem from the belief that matters such as dower (mahr), inheritance, maintenance (nafaqah), and other disputed issues regarding women in Islam are enacted to the benefit of men, regarding the backing for these differences as an essential difference in the creation and physique of men and women.
This perspective arises from regarding justice between men and women on the basis of similarity between them; that is, believing that similarity exists between men and women, thereby advocating equality of rights. However, Islam, based on jurisprudential rulings, the distinct duties, obligations, and characteristics deposited in women, and relying on Quranic verses and narrations, advocates desert-based justice (‘adalat-e isthqaqi); meaning that for women, duties are defined based on characteristics proportionate to femininity, and in exchange for these duties, rights are considered for her, while for men, based on these distinctions and individual, physical, and psychological characteristics, distinct duties and obligations are defined; hence, he possesses distinct rights compared to women.
In Western societies, a perspective of gender equality exists without considering distinctions. Based on the Universal Declaration of Human Rights adopted in 1948, they declared that day as Human Rights Day, believing that men and women are equal and defining the word “equal” to mean uniformity and similarity. However, the religion of Islam never agrees with equality and uniformity of rights that disregards the differences and distinctions between women and men. Hence, in certain cases, definitive rulings exist, and at times secondary laws leave the ruler’s hand open to make modifications in rulings proportionate to societal conditions.
Why does the religion of Islam oppose equating men and women?
The religion of Islam strongly opposes such equates, and primary laws and rulings explicitly state that differences exist between men and women in certain jurisprudential rulings, because based on duties and obligations, no similarity exists between men and women. The system of creation rests upon the premise that the universe is the manifestation of God’s attributes, and one of the manifestations of God’s attributes is creation. God creates every instant, and this creation occurs through man and woman; that is, man and woman share equally in multiplying this system of creation and manifesting God’s attributes, and not for a moment should any flaw enter this divine phenomenon and Sunnah.
On this basis, the sacred institution of the family was formed, and consequently family rulings were issued for men and women. Thus, all rulings questioned in the realms of inheritance, dower, and maintenance are intended to ensure the family system remains firm and unaffected by policy shifts. God regards woman as the haven of tranquility and comfort for the family to nurture the family and society, while the duty of sustaining family livelihood rests upon man, and both are equally responsible for preserving the sacred institution of the family.
Today, questions like why differences exist between men and women in rulings such as inheritance are frequently raised among women and girls?
If we observe rulings in the Holy Quran stating that a man’s inheritance is twice a woman’s inheritance, this difference lies in quantity and quality. Outwardly, certain jurisprudential rulings appear patriarchal, including inheritance, dress code (hijab), and the right to divorce, which are questioned at times under the title of legal limitation, legal deprivation, or legal prohibition. The crucial point is that if we consider distinctions in duties and obligations and prioritize quality over quantity as our principle, we thoroughly comprehend the high quality of such laws in the pristine religion of Islam.
For example, in inheritance law, if the man’s share is double, it is because in Islam greater duties and obligations are stated for the man, placing family livelihood upon his shoulders, whereas we witness no such obligation regarding the woman. Therefore, we conclude that the quality of a woman’s inheritance is indeed very high; thus we must focus on the outcome, because the results of these jurisprudential rulings ultimately lead to preserving the family unit, benefiting all family members whether male or female, while protecting the family core. Here, our focus is on spiritual transcendence formed through the family.
In Western thought since the fourteenth century, we witness Christian societies introducing changes in women’s rights. Of course, this occurred also through the export of Islamic thought via Andalusia to Europe, as Andalusia served as the nexus connecting Islamic and European societies. At this point, the woman’s condition—having suffered absolute marginalization and being regarded as the man’s absolute property—underwent change. Throughout historical eras and ancient societies prior to Islam’s advent, we witness an unfavorable status for women. In certain periods, a woman was inherited and traded like a child or commodity, or gifted by her father or husband; however, with the advent of Islam in the sixth century AD, Islamic laws cast aside the notion that woman is a personal possession of man, resulting in the period of legal capacity (ahliyyah).
What do you mean by the period of legal capacity (ahliyyah)?
In this period, a woman owned her property but lacked the permission of disposal (tasarruf) over her property, which rested solely with her father or husband, believing woman lacked proper decision-making and management capacity over her property. However, when the Noble Prophet of Islam (s) was commissioned, one of the first and most valuable acts he performed was placing men and women on equal footing, granting women the right to allegiance (bi’ah), participation in social and political affairs, and the right to choose.
All jurisprudential rulings in the Holy Quran and women’s rights in Islam were granted to women fourteen centuries ago, whereas only since the fourteenth century do we observe European societies raising the topic of legal capacity. On International Human Rights Day, due to materialistic thinking and exploiting women’s capabilities and talents, they propose equality of men and women, believing men and women are equal in all affairs, including duties, obligations, and rights.
What critique do you have regarding the perspective and rights of women in the West?
Outwardly, the matter appears pleasing in certain instances and at times commendable; however, the outcome of this approach to gender, legal, and obligatory equality has caused serious damage to the sacred family unit—a sacred system in divine religions and monotheistic schools—because God created this system, and creation’s main objective was manifesting God’s creative attributes. Yet the materialistic and instrumental view of Western societies toward women causes these differences and distinctions to be ignored. Therefore, the religion of Islam pays great attention to qualities, and its perspective is desert-based justice (‘adalat-e isthqaqi) based on physical and psychological distinctions between men and women.
Regarding the family, two views exist: one view holds that no difference exists between man and woman in the family, and creation differences do not lead to differences in duties. For this reason, we observe all rights equal in Western societies. However, the other view holds that differences and distinctions exist, and in the family system distinct duties are designated for men and women, considering these distinctions essential for preserving the family unit.
What role do temporal and spatial conditions and contemporary requirements play in the status of women? In your opinion, can today’s woman be treated like a woman from a hundred years ago, or must temporal and spatial conditions be taken into account?
Islam is a dynamic religion possessing primary and secondary rulings. Certain rulings follow the Quranic text, while others follow cultural and social conditions, traditions, and customs. From this aspect, in both Islam’s legal system and epistemological system, we witness dynamism and flourishing in viewing all dimensions of religion. In the sphere of women as well, certain definitive rulings exist in the Quran demonstrating special attention to women’s rights, including dower (mahr) and maintenance (nafaqah), which belong exclusively to women and not to men.
According to this framework and Islamic rules, certain laws follow contemporary conditions and require continuous revision based on conditions, provided no flaw enters the main, grave objective of creation’s system and the universe’s systematicity; meaning laws and rules must fit within this framework so men and women remain in their primary position according to the system God determined for them.
According to the theory of organizational systematicity, a system can produce desirable output only when all system members perform their duties in an integrated, united manner, playing their role seamlessly based on assigned duties within that system. If in a gear system we make all components identical without considering the functions of each gear, will this system function properly within the systematic framework merely by asserting that all components must be identical?
The important issue is that the universe is a system, the manifestation of God’s attributes, and the locus of creation’s traits. Therefore, provided this sanctuary is protected, modifying rules and laws in the sphere of women poses no obstacle in Islam. The Supreme Leader emphasized in one of his statements that at times neglect of women’s rights causes dissatisfaction in these areas. Therefore, greater care must be taken and a broader executive framework created for realizing rights.
Every society enacts laws based on governmental policy-making and prevailing historical and cultural custom, and religion casts its shadow over these matters. Naturally, we cannot ignore the role of governments and custom in any historical era. Today’s societal custom differs from that of 1,400 years ago, which must be considered. Therefore, paying attention to the fundamental duties and obligations of women in the system of creation is necessary and rooted in preserving the family and social system; alongside this, realizing women’s rights based on Sharia frameworks is deemed unproblematic in Islam.
Source: IQNA