Women�s Rights in Islam

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					Women’s Rights in
    Islam
   Siti Ruhaini Dzuhayatin
 Center for Women’s Studies
   State Islamic University
    Yogyakarta-Indonesia
  Women’s Rights in Islam
• Islamic mission is universal: applicable to
  different cultures in the changing time, space and
  circumstances.
• Islamic sources (Qur‟an & Hadist (sunnah) consist
  of two principles: universal („aam) and temporary &
  Specific principle (khosh).
• The „aam principles consist of supreme values:
  the goals of Syariah (Maqasid- Syariyah):
  Obedience to the order of God through the
  ibadah ( worship to God) and upholding the
  huminity .
• The khosh indicated practical and technical
  guidance.
Exclusivist & Textualist: ahl hadist
• the universal principles can be best explained
  by the specific verses or the prophet
  interpretation.
• The ijtihad should be carefully undertaken by
  distinctive ulama that meet the requirements
  set up by the great ulama. The use of ratio is
  forbidden to understand Islam as it possibly
  interfered by nafsu (individual interest).
Inclusive & Progresive:
• The khosh (temporary principles): can be applied
  only if not substantially contradict the aam
  principles.
• Muslim can ignore the temporary principles to
  achieve the maqasid-Syariah) by ijtihad ( strong
  effort to find the valid reasons to ignore the
  temporary principle). Those who take this stance
  are categorized as the ahli ra‟yi (the People of
  Ratio)
  Political Rivalry in Islamic
            Thought

• Constant rivalry and political collusion
  of the two main school of thoughts
• The exclusivist & textualist seems to
  be more attractive for the political
  power: both of them enjoy the status
  quo in using Islam as the source of
  legitimacy.
• The critical moment of this rivalry was in the time
  of the lateAbbasiyah regime where the
  conservative was strongly affiliated to the Sultan.
  In order to secure the crown from the ahli ra‟yi,
  the supreme judge who was also the prominent
  ulama of the ahli hadist declared the closure of
  the ijtihad for the fear of the ample deviation of
  Islam from the original teachings.
• Intimidation, corporal punishment and even death
  penalty imposed to the ahli ra‟yi had curtailed
  Islam as a rigid and stagnant religion.
• Ever since the Islamic discourse is limited
  to the classical literature written prior to
  the closure of the ijtihad and preserved as
  the authentic Islamic science.
• The hegemony of the ahl hadist through
  the Monarchy regime held accountable for
  the exclusionary stance of the majority of
  the Muslim.
• Detach the Muslim from the maqa‟sid as
  Syariah) and disengage them from the
  rapid social changes toward modernity.
  Women’s Right in Islam
• Issue of Creation
 – Q, arct 4:1:….Who created you from a one nafs
   and created his partner from it.

 – Conservative: woman is created from “Adam”
   based on the hadist: eve was created from the
  lost left rib of Adam.

 – Progressive: Adam & Eve were created from
   one substance. Scientifically invalid. The
   Prophet used as the metaphor that woman and
   men are created from the ribs not from the
   feet in order to bee respected.
     Women in Ibadah
• Men and women are equally obliged to
  perform the Ibadah: bearing witness
  (syahada), praying, fasting, pilgrimage.
  – Men are leaders in religious services:
     • The conservative &textualist:
     • No qur‟ anic verse; hadist ahad: it is inappropriate for
       women to lead the communal prayer.
     • Women are naturally inferior and culturally
       subordiate.
     • Women have lesser reward from God: menstruation
       which prevent them to perform ibadah.
• The inclusive & Contextualist
  – Hadist: um waraqah lead prayer for her
    family members which included the male
    servants/ slave: hadist more valid
    (muttawatir).
    • Munstruation prevent the formal ibadah but
      not theological degraded women as they can
      perform other ibadah.
  Political leadership

• Qur’anic: Men are the leader of
  women. leaders.
• Role model of Queen of Sheeba in
  Qur’an.
• Hadist: prevent women to lead the
  country: refered to the queen of
  Persia.
• Example from The wife of the
  prophet.
• Convervative:
  – It is religiously invalid: Women ruled the
    country: president & head of parliament.
    • The Qur‟an art 4: 34: men are leaders of
      women.
    • The hadist: a nation will not meet welfare &
      prosparity in the hand of the woman.
    • Misogyny : women has less ratio and
      dominated by emotion: False hadist:
       – Women have only one artio and 99 emotion.
• Inclusive and Progressive:
  – Q, art 4:34: specific to domestic affairs.
  – Women political leadership is valid through the
    example of queen of Sheba
  – The Hadist is “khosh” and specific to Persia,
    can not be generalized to other places
  – Aisyah (wife of the prophet) Led the army in
    the battle field.
 Women’s Rights in Family
Convervative:
   – The role and status of men and women are God
     given and naturally valid.
   – Men and women equal before God but have
     different responsibilities and duties.
   – Men is leaders, educator& main family
     provider:
   – Women „s duties:
      • Obeying husband‟s orders
      • Providing sexual services
      • Performing household affairs.
      • Educating and caring children.
Inclusive and progressive
• Q, art 2: consist of more universal values and
  gender relation in Islam:
   – Your wives are your garment & you are the garment of
     your wives.
   – Treat your wives fairly and respectfully.
      • Q. 4: 34: khosh and specific to the case of domestic
        violence. Men are the guardians and provider of women.
• Wives of the prophet were economically
  independence.
• Wive & husband are the sexual partner.
• The ideal family relation is the prophet family.
    Divorce & Inheritance

• Conservative:
  – Divorce is in the hand of husband.
  – Men can remarry without „waiting period”
    (women have to wait three months).
  – Men are providing the maintainance for the
    children & the wife until she remarry
  – Inheritance: boys entitled for twice as much as
    girl get in any circumstance.
• Inclusive & Progressive:
  – Women are granted to divorce their husbands.
  – “waiting period” is not required in modern time
    because prgnancy can be dictated immediately
    by modern technology.
  – Maintanance can be discussed by both parties
  – Inheritance can be divided equally or vice versa
    to the Qur‟anic dictum upon the agreement of
    the family.
            Polygamy

• Conservative:
  – Men are granted to have four wives in
    one time so long as they are able to
    treat the wives equally.
    • Based on the Qur‟an
    • Based on the prophet practise.
• Inclusive:
  – Q.4:3 : is specific on the issue of abusing
    orphan girls in the time of the prophet.
  – Uncomplete reading of verse on polygamy
  – Islam tends to regulate rather than stipulate
    polygamy.
  – Polygamy can be outlawed if contradict the
    core value of Islam non justice and equality.

				
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