Women and Religion
11 Islam B
In this topic we continue our exploration of women in Islam with a focus on their roles as wives and mothers. We also look at female leadership issues.
MARRIAGE
Spiritual Meaning
Like Judaism, Islam has never endorsed religious celibacy as a worthwhile path to follow. One reason is the influence of the founder. Just as the celibacy of Buddha Gautama and Jesus grounded its importance in their respective traditions, the fact that Muhammad was a married man with children carried similar impact. The Qur’an also refers to the fact that the prophets before Muhammad were husbands and fathers:
And certainly We sent apostles before you and gave them wives and children (13:38).
In one hadith, some companions of Muhammad decided to relinquish the world, forsake their wives and live like monks. Muhammad responded:
People before you perished because of their asceticism. They made excessive demands on themselves until Allah brought hardships on them; you can still see a few of them remaining in monasteries and temples. Worship Allah and do not associate anything with Him, perform the pilgrimage, be righteous, and all affairs will be set right for you. (Ibn Jarir, Abdur-Razzaq and Ibn al-Mundhir) .
Thus, you do not find an Islamic tradition of monks and nuns as you would in Buddhism and Christianity. There are times when sexual abstinence is required, such as during the daylight hours of Ramadan, but there is no tradition of lifelong celibacy as a religious vocation. There is no talk of abstaining from sexual activity in order to channel energy into the mind, or of giving up the idea of family so as to be more available for apostolic work. One might expect that celibacy would have been valued among the Sufis (the prayerful mystics of Islam), but even there, among the brotherhoods and sisterhoods, most Sufis were married. There were some rare exceptions such as Rabia of Basra (717-801CE). As a young woman, she lived in the desert as a hermit, possessing very little and spending most of her time in prayer. As her reputation spread, many people came to seek her spiritual advice. She stressed love of God above all else and her famous statement was:
O God! If I worship You for fear of Hell, burn me in Hell,
and if I worship You in hope of Paradise, exclude me from Paradise.
But if I worship You for Your Own sake, grudge me not Your everlasting Beauty.
Despite many offers of marriage, she remained celibate until her death.
Rabia of Basra
Given the preference for marriage over celibacy, it is not surprising to find that marriage is seen as an important part of God’s plan for humankind. Muhammad is quoted as saying that when a person marries, they fulfil “half of their religious obligations” (Tirmidhi 3096). This is not to be taken literally of course, but the hyperbole does underline the significance of the married state in this religion. As with the Jewish tradition, Islam sees one of the aims of marriage as companionship. In a manner reminiscent of Genesis 2 (where Adam is only complete when Eve is created) the Qur’an describes the importance of the special partnership that should exist between husband and wife:
One of His signs is that He created mates for you from yourselves that you may find rest in them, and He put between you love and compassion (30:21)
A man should find happiness in his wife and children:
They say: O our Lord! grant us in our wives and our offspring the joy of our eyes (25.74)
Thus, Islamic theology paints marriage as a divinely willed institution that is strongly recommended over celibacy and that should bring completeness and happiness to the spouses. That is the theory but, as in all religions, there are practical dimensions, some of which raise concerns about gender equality.
Practical Issues
1. Consent
The first issue that is often discussed in the context of Islamic marriage is the question of consent. As with many cultures, Islamic marriages are often arranged by the families involved and there is no legal impediment to this. However, there is a real difference between an arranged marriage and a forced marriage, which is prohibited by law. The former involves the influence of other parties, often the parents or guardians, but with the free consent of the couple. The latter is a marriage where the free consent of at least one of the spouses was absent. The problem that arises concerns the role of the guardian or ‘wali’. Usually the groom does not require a wali unless he is mentally incapacitated in some way. However, a young bride must have a wali since he is the one who signs the contract on her behalf. The wali is usually the bride’s father or paternal grandfather but it could also be a male relative. So two questions arise:
i. Can a woman marry without the consent of her wali?
It depends on the law school. The Hanafi school says that she can, provided she has reached the age of puberty. In contrast, the Shafi’i, Maliki and Hanbali schools say that she cannot.
ii. Can a wali sign a contract without the explicit consent of the bride?
Islamic law says that the bride’s consent is required, but the technicality is that a bride’s silence is interpreted as affirmative. Thus, critics are worried that a young girl who did not explicitly object to the marriage, perhaps out of fear of her wali, would be seen as giving her consent in the eyes the law.
2. Age
Mention of a young girl under the care of her wali raises the second issue often debated in this context: the legal age. Most Islamic countries specify 15 years old with parental consent for the girl, which is also the case in most European countries as well (note: Catholic Canon Law stipulates 14 as the minimum age for girls). The main concern expressed by critics is that shariah law does not specify a minimum age for marriage and this is indeed the situation in Saudi Arabia and Yemen. There is an underlying presumption in shariah that one must wait for the onset of puberty, which usually occurs around 11-12 years for girls but can commence as early as 7 years old. Thus, critics are concerned that girls so young may be showing signs of physiological maturity but are in no position psychologically to enter the married state and take on responsibilities of parenthood. A key element in the debate is the case of Aisha mentioned earlier. The hadith claims that she was betrothed to Muhammad when she was 7 and that the marriage was consummated when she was 9, presumably at the start of puberty. The example of the Prophet is a powerful argument for conservative Muslims who wish to retain a low marriage age, especially for girls. For example, in 2011, Saudi cleric Dr Salih bin Fawzan attracted worldwide attention when he defended the shariah, and the Saudi Arabian legal position, stressing that the Qur’an and the hadith provide no minimum age for marriage. UNICEF has no clear data on child marriage rates in Saudi Arabia but reports that 12% of girls are married before 15 years of age in Yemen. Other Muslim commentators are more open to admit that the historical-cultural context of 7th Century Arabia is different to today’s world and this must be taken into account.
UNICEF: Percentage of women aged 20–24 who were married or in union before age 18 (1987–2006)
Media images of Muslim husbands with very young brides
3. Partner’s faith
A third area of alleged gender inequality concerns Islamic rules about interfaith marriages – in other words, marriage between a Muslim and a non-Muslim. According to shariah law, a Muslim woman must marry a Muslim or someone who converts to Islam. Conversely, a Muslim man must marry a Muslim woman or someone who converts to Islam or a woman from the People of the Book who does not have to convert. The “People of the Book” usually refers to non-Muslim monotheists such as Jews and Christians. The relevant Quranic verse is:
This day all good things are made lawful for you; and the food of those who have been given the Book is lawful for you and your food is lawful for them; and the chaste women from among the believers and the chaste women from among those who have been given the Book before you are lawful for you. (Qur’an 5:5)
There are restrictions on both the groom and bride, but the third option for the man is not available to the woman. How does the tradition justify these different positions for men and women? The key issue here is the faith of the children. As with most religions, Islam is concerned that the children of an interfaith marriage might be raised in the other faith and, thus, be lost to Islam. In contrast to Judaism, the Islamic tradition presumes that faith is passed on via the father and, hence, it is imperative that a woman be married to a Muslim or someone willing to convert to Islam. For the same reason, it is not as imperative that the wife be Muslim. However, Islam acknowledges the powerful influence of mothers in the early years of life, thus the women must at least be a believer in the one God. In practice, many Muslim scholars and leaders argue against the idea of marrying a woman of the Book, especially outside of an Islamic community where other cultural influences have a serious impact.
4. Polygyny
The fourth marriage issue that is usually raised in the context of women’s rights is that of polygyny. We should start by clarifying the difference between several technical terms:
polygamy = having more than one spouse (husband or wife)
polygyny = having more than one wife
polyandry = having more than one husband
Polyandry is very rare whereas polygyny was very common in the ancient world and, indeed, was the cultural norm in 7th Century Arabia. Islamic law prohibits polyandry but allows a limited form of polygyny. The Qur’an itself sets the maximum at four:
And if you fear that you cannot act equitably towards orphans, then marry such women as seem good to you, two and three and four; but if you fear that you will not do justice between them, then marry only one. (4:3)
Thus, a Muslim man may legally have up to four wives concurrently (we are not talking about remarrying after a divorce or the death of a spouse). At first, this sounds like Islam is encouraging men to take more than one wife but, in fact, the tone of the Qur’an is the opposite. It adds a condition for polygyny: “if you fear that you will not do justice between them”. This is understood to mean that the husband must treat all of his wives equally in every area of the marriage relationship: money, gifts, time, sexual activity etc. Some commentators also note that the Qur’an declares that this will not be an easy thing to achieve. It states elsewhere:
You have it not in your power to do justice between wives, even though you may wish it. (4:129)
So the Qur’an is quite possibly discouraging, rather than encouraging, polygyny. In this case, it falls into the same category as divorce: something permissible but not recommended.
We should also be aware of the original context of this revelation about polygyny. For anyone accustomed to a monogamous society, the right to take up to four wives seems to favour men – but the reality was the opposite. In pre-Islamic Arabia, there was no cap on how many wives a man could have at the same time. So the Qur’an was actually placing a serious restriction on what was a carte-blanche situation for the men. In other words, the original revelation was geared towards the rights and well-being of the women. A woman may share a husband with three other women, but not with dozens. Yet it didn’t ban polygyny altogether since the practice also provided important support for the many widows of Arabian society.
We noted earlier that Muhammad himself had up to 11 wives during the Medina phase of his public life (in fact, it was 10 when he married Maria, since one had died). So how is this possible if the Qur’an explicitly limits the number of wives to four? There are two explanations often given by Islamic commentators. The first is that when the revelation was communicated, Muhammad did not marry again (which would presume that it was a very late revelation in his career) but he did not divorce any of the existing wives to reduce the number. Such action would have put those affected at a distinct disadvantage since the Qur’an also states that the wives of the Prophet are not to marry another man:
It does not behove you that you should give trouble to the Apostle of Allah, nor that you should marry his wives after him ever; surely this is grievous in the sight of Allah. (33:53)
The second explanation is that Muhammad had a special role as the final prophet and, thus, God gave him special rights in this case. He is the exception that proves the rule.
O Prophet! surely We have made lawful to you your wives whom you have given their dowries, and those whom your right hand possesses out of those whom Allah has given to you as prisoners of war (33:50)
Rates of polygyny vary enormously from country to country, and within them from region to region, with the highest percentages in African societies. What is noticeable from the graph below is that there is not a strong connection between Islam and polygyny. There are some Muslim majority countries with high polygyny rates (Guinea, Mali, Niger, Senegal) but there are also Muslim majority countries with lower polygyny rates (Jordon, Morocco, Pakistan, Yemen) and there are non-Muslim countries with high polygyny rates (Benin, Togo, Cameroon).
Most Muslim countries permit polygyny (Turkey and Tunisia are notable exceptions). In places such as Iran, Bangladesh, Algeria, Lebanon, Morocco, Jordan, and Kuwait, women are allowed to include a clause prohibiting polygyny in their marriage contract. In places such as Pakistan and Malaysia a man must obtain permission from his first wife to take a second wife.
Black: Polygyny permitted
Light blue: Polygyny not permitted but practised
Blue: banned
5. Mahr
Another important issue that is often discussed in feminist studies of Islam is the question of dowry. We saw in Hinduism how the tradition of a dowry (a gift given by the bride’s family to the groom’s family) has sadly led to abuse and eventual outlawing. Islamic marriage law also requires a gift to be given but, in this case, from the husband to the wife. It is known as the ‘mahr’, and without it the marriage contract is not binding. The mahr can be an amount of money or some asset of value and it is usually part of the negotiations between the two parties prior to the wedding. Feminist writers often note the direction of the gift is in favour of the wife and unlike a “bride-price” (where the groom pays an amount to the bride’s father “for her hand”), the mahr is given to the bride personally and not to her family. According to law, it is her property and she may use it for whatever purpose she chooses. The mahr is mentioned in the Qur’an:
And give women their dowries as a free gift, but if they of themselves be pleased to give up to you a portion of it, then eat it with enjoyment and with wholesome result. (4:4)
6. Divorce
Like Judaism, Islam acknowledges the reality of marriage breakdown and allows for divorce between spouses. It should only be a last resort after serious attempts have been made to effect reconciliation between spouses. From the perspective of gender equality, there are some concerns that access to divorce is not the same for men and women. When divorce is initiated by the husband it is known as ‘talaq’. This is the most frequent form and one of the main reasons is that it is very easy in terms of the official process. According to Islamic law, a husband only needs to communicate three times to his wife that he intends to divorce her. No grounds are necessary but the legal tradition usually requires him to wait one month between each of the three declarations. Clearly, the reason is to create a ‘cooling off period’ in case the declaration was made in anger or haste.
According to the law, a wife may also initiate the divorce but, unlike her husband, she must provide grounds and present these to an Islamic marriage tribunal. This option is sometimes called ‘fasakh’. Valid grounds include desertion, abuse, lack of maintenance and insanity. In some traditions she also has the legal option of returning the mahr to her husband and acquiring a “no fault” divorce, called ‘khul’. The use of the mahr as a sort of leverage for the woman is also reflected in the practice of the husband paying her only a portion of the mahr at the wedding. The understanding here is that he would have to pay the balance if he seeks a divorce later on. Similar to the Jewish ketubah, this arrangement works as a disincentive for the husband and protection for the wife.
A woman seeks divorce via a Muslim tribunal
7. Adultery
We occasionally see media stories about persons convicted (or even merely accused) of adultery being sentenced to death (or actually executed) by stoning. For example, just recently:
Pakistani couple stoned to death for adultery
http://www.reuters.com/article/2014/02/17/us-pakistan-couple-stoned-idUSBREA1G18F20140217
Brunei to introduce stoning for adultery
Often these are cases where shariah law is either in effect or used as justification by perpetrators of the killing. The map indicates countries where stoning is a legal form of capital punishment.
What is the official position of Islam on adultery and its appropriate punishment? First, Islam is certainly clear that adultery is a serious sin against one’s married partner. Unlike Judaism, if either husband or wife sleeps with a person other than their spouse, they have committed adultery in the eyes of Islam. But in terms of punishment, there is no reference to stoning in the Qur’an. There is a verse that recommends 100 lashes for those convicted of ‘zina’:
As for the fornicatress and the fornicator, flog each of them, a hundred stripes, and let not pity for them detain you in the matter of obedience to Allah (24:2)
Zina usually refers to sexual intercourse outside of marriage but the Qur’an does not distinguish between pre-marital (the parties are unmarried) and extra-marital (one or both of the parties is/are married).
However, there are a number of hadith stating that Muhammad condoned the stoning of men and women adulterers:
In the case of married persons there is a punishment of one hundred lashes and then stoning to death. And in case of unmarried persons, the punishment is one hundred lashes and exile for one year. (Muslim 4191, 4192, 4196, 4206, 4209)
Moreover, one hadith reports that the second caliph, Umar, claimed that an explicit revelation regarding stoning was delivered to Muhammad but was, for an unstated reason, omitted from the Qur’an:
Umar said: Verily Allah sent Muhammad (may peace be upon him) with truth and He sent down the Book upon him, and the verse of stoning was included in what was sent down to him. We recited it, retained it in our memory and understood it. Allah's Messenger (may peace be upon him) awarded the punishment of stoning to death to the married adulterer and adulteress and, after him, we also awarded the punishment of stoning, I am afraid that with the lapse of time, the people may forget it and may say: We do not find the punishment of stoning in the Book of Allah, and thus go astray by abandoning this duty prescribed by Allah. Stoning is a duty laid down in Allah's Book for married men and women who commit adultery when proof is established, or if there is pregnancy, or a confession. (Muslim 4194)
It is probable that questions were being asked about the practice at the time, with people pointing out that there was no explicit Quranic basis, but Umar insisted that it is in accordance with God’s will. Although the issue of adultery being a crime that attracts capital punishment (indeed a particularly brutal form) is highly controversial today, at this point it is not a gender issue. What makes it relevant to our course is the last line of Umar’s statement above concerning proof of guilt: when proof is established, or if there is pregnancy, or a confession. Traditionally Islamic law makes it difficult to prove guilt since most law schools (Hanbali, Shafi’i and Hanafi) require four witnesses to the act itself! Moreover, the Qur’an also specifies 80 lashes for anyone who falsely accuses someone of committing adultery:
And those who accuse free women then do not bring four witnesses, flog them, giving eighty stripes, and do not admit any evidence from them ever; and these it is that are the transgressors (24:4)
This revelation is linked to an episode in the life of Muhammad when his wife Aisha was accidentally left behind by her caravan in the desert. She was found sometime later by a soldier who brought her back to the camp, but this generated rumours that the two were having an affair. This distressed Muhammad greatly, especially given his particular fondness for Aisha. Eventually he received the revelation that confirmed her innocence and imposed the penalty for slander quoted above.
The other element in Umar’s list is “pregnancy” and, of course, this affects only the woman, putting her in a more vulnerable position than the man. Of course, pregnancy is not necessarily evidence of adultery if a woman is married since she could claim it is her husband’s child; and it is not evidence of adultery for an unmarried girl since she has ‘only’ committed fornication and, thus, would be liable to flogging as stipulated in the Qur’an. But some Islamic leaders believe that a divorced woman who has not remarried and falls pregnant (not to her ex-husband) is guilty of adultery and not fornication. Thus, they argue that she should be stoned to death after the birth of the child. See the 2009 case of a Somalian woman: http://news.bbc.co.uk/2/hi/8366197.stm.
A related issue is the practice of ‘honour killing’, which involves the murder of a person by relatives who believe that her or his actions have brought shame or dishonour to the family. The “unacceptable” behaviour is usually of a romantic or sexual nature and the victim is more often the woman. This phenomena is found in both Muslim and non-Muslim communities. Sadly, like-minded authorities sometimes turn a blind eye or impose only light punishments on the offenders. Although Islam considers pre-marital intercourse as a serious sin, there is no basis for honour killing in the Qur’an, the hadith or shariah law.
Protests against honour killing
Another related practice is a form of temporary marriage known as mut’a (literally “joy”). Although rejected by the Sunni tradition, mut’a is legal in Shi’ite Islam. Basically it allows a man and a woman to marry and, thus, engage in licit sexual intercourse. The mut’a marriage can be for a period ranging from 1 hour to 99 years. The marriage must be registered in court but does not require witnesses. Any children born of the union are legitimate and have full inheritance rights. Naturally, many Sunnis and other critics condemn the practice as a form of prostitution, especially since a mahr must be given as in a permanent marriage contract. Defenders of the practice point out that it is no worse than the prevalence of pre-marital relationships in Western society, and, indeed, it enables more liberal minded Muslims to have Western-style relationships without compromising their religion.
The Authority of Husband
We have noted in some religions how the husband is given authority over his wife. There is the concept of pativrata in Hinduism; the Genesis 3:16 statement about Adam “ruling” over Eve in Judaism; and New Testament texts about husband as “head” of the household as Christ is “head” of the Church. Similarly, there are a number of Quranic verses that seem to imply some sort of authority of the husband over the wife.
The first is the statement that “the men are a degree (daraja) above them” (2:228). This verse is often quoted as proof that, in some sense, men are “above” women in terms of degree or grade, even though the Qur’an speaks elsewhere of a fundamental equality between the sexes (see above). But what sort of degree or grade does this verse mean? Many Muslim commentators have taken it to mean that men have authority over women in all areas of life. However, others say that this differentiation of degree between the sexes has a specific context: one that is mentioned at the start of the verse, namely divorce proceedings. The full verse reads:
And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs, if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and Allah is Mighty, Wise. (2:228)
The verse refers to a divorce process in which the wife is pregnant. It states that this should not be concealed and that a waiting period will confirm the pregnancy. So some authors argue that the claim that men are “a degree above” women is actually referring to the fact that the divorce process is easier (a degree above) for men than women. Indeed it is easier, as we noted earlier, because a man does not require grounds (talaq) whereas a woman does (fasakh).
The second verse that is often quoted to support the authority of the husband comes from chapter 4 of the Qur’an (the chapter is aptly named Women). We should divide it into two parts because there are two separate issues here. The first part states:
Men are the maintainers (qawwam) of women because Allah has preferred (faddala) some of them over others, and because they spend out of their property; the good women are therefore obedient (qanitat), guarding the unseen as Allah has guarded. (4:34a)
Again, this verse is frequently cited to prove that men are “preferred” over women by God and that they are the “rulers” (qawwam) of women who should be “obedient” (qanitat) to their husbands. However, some commentators argue that the term qawwam is more properly translated as “guardian” or “maintainer”, not in the sense of ruling but in the sense of caring for and protecting. Indeed Islamic law dictates that male relatives are legally and financially responsible for the wellbeing of their wives but this legal obligation does not apply in the reverse. For example, we have seen how a wife may keep the mahr for her own personal use; she is not obligated to spend it on her husband or children.
The verse goes on to describe how men are “preferred” (faddala) over others. For feminist scholars such as Amina Wadud, this provides the key for a correct interpretation of the verse. It is not a general principle that men are rulers of women and are preferred by God over women in all things, which would undermine the basic principle of gender equality. Rather, the context here is inheritance and the fact that, according to shariah law, male relatives receive twice as much as their female equivalents, precisely because the male is financially responsible for the woman. This is how men are “preferred” (faddala) - in the inheritance model and because of their duty to care for their women.
The final point identifies good women as “obedient” (qanitat) and this is often taken to mean obedient towards their husbands and maintainers. However, Wadud points out that the word qanitat usually means obedience to God and not to another human being. The term for the latter is ta’a. Thus, it could be argued that the obedience referred to here is not a conjugal one for wives towards husbands but a general obedience by all towards Allah.
The second part of the verse 34 is the notorious one that seems to allow husbands to “hit” their wives.
To those on whose part you fear desertion, admonish them, and leave them alone in the sleeping-places, and strike (daraba) them; then if they obey you, do not seek a way against them. (4:34)
Again, it is a verse that has been taken by some Muslim leaders to justify the authority of husbands over wives even to the point of physical discipline. However, Wadud argues that the verse must again be placed in its proper context, which is a crisis in the marital relationship (“if you fear desertion”) and not ordinary daily life. The verse does mention “striking” (daraba) but it comes as the third (not first) item in a list of graded responses to the problem. The first step is to “admonish” the wife, which presumably involves some sort of verbal address. If that fails, the second step is physical separation (“leave them alone in their sleeping places”). If that fails, the third and final step is apparently permission to “strike” the wife. The word used is daraba, which can mean to hit or slap but it is different to the term darraba which means to use force repeatedly. Thus, it could refer to a symbolic slap or reprimand, not intended to injure or harm the woman. Furthermore, daraba could also mean to “strike out” or “abandon”, which may make more sense given that a more drastic form of separation (leaving the house) is the next logical step after a partial separation (separate bedrooms).
The Veil
The dress code for Muslim women is one of the most public aspects of Islam, often attracting criticism and generating much controversy in the media. As with most socio-religious issues, this issue is also complex. There are two Quranic texts that are relevant to the topic.
And say to the believing women that they cast down their looks and guard their modesty and do not display their beauty and ornaments except what appears thereof, and let them wear their head-coverings (khimar) over their bosoms, and not display their beauty except to their husbands or their fathers, or the fathers of their husbands, or their sons, or the sons of their husbands, or their brothers, or their brothers' sons, or their sisters' sons, or their women, or those whom their right hands possess, or the male servants not having need (of women), or the children who have not attained knowledge of what is hidden of women; and let them not strike their feet so that what they hide of their ornaments may be known. (24:31)
Prophet! say to your wives and your daughters and the women of the believers that they let down upon them their over-garments (jilbab); this will be more proper, that they may be known, and thus they will not be given trouble; and Allah is Forgiving, Merciful. (33:59)
Both texts require women to cover themselves to a certain degree, in certain circumstances and for certain reasons. The first question is whether there are similar requirements of Muslim men. Indeed, the verse immediately prior to the first text is addressed to men with very similar language:
Say to the believing men that they cast down their looks and guard their private parts; that is purer for them; surely Allah is aware of what they do. (24:30)
So, the bottom line is that both men and women are expected to be modest in their dress, which is nothing unusual. Every society has its basic dress standards and draws a line between modest and immodest apparel. In Islam the term is “awrah” (nakedness) – the parts of the body that must be covered. Most Sunni law schools agree that men should at least cover themselves between their navel and their knees. However, much more detail and attention is given to women’s dress.
The second question is whether all women are involved or only some. Some commentators think that the original revelation about veiling was directed at the wives of Muhammad in order to protect them and offer them some privacy from the many male visitors who came to see Muhammad (his office was in his own house). Another verse echoes this original concern and, in fact, uses the term “hijab” (curtain or screen):
And when you ask goods of his wives, ask of them from behind a curtain (hijab); this is purer for your hearts and (for) their hearts. (33:53)
The theme of protection is also indicated in the second quote above; women who wear their over-garments (jilbabs) in a certain way will “be known” and will “not be given trouble”. Indeed, a head-veil would have been a sign of status within pre-Islamic Arabian society rather than a sign of oppression. However, the requirement of veiling was then extended to all “women of the believers” who had reached the age of puberty. Although pre-pubescent girls may wear a veil, Islamic law does not require it. In other words, the veil applies to women who have reached sexual maturity and indeed the entire custom is about covering up a woman’s body to reduce sexual temptation.
This naturally leads to the third question, which is whether the covering up is required at all times. Clearly the first text above indicates that it applies only when a woman is in the company of certain males: namely adult men to whom she is not related and whom she could legally marry. In other words, she is not required to be covered in the presence of other women, children, her husband and other close male relatives (whom she is not allowed to marry).
The fourth, and arguably the most practical question, is what precisely a woman must cover in public. The two Quranic texts are not very helpful on this question since they speak rather vaguely about wearing their head-coverings (khimars) over their breasts and letting down their over-garments (jilbabs). Most Islamic law schools agree that at least the hair, torso, arms and legs should be covered in public. The most disputed area is whether a woman should also cover some or all of her face. The different positions on this question are reflected in the different types of garments used across the Islamic world and the different names given to them. The four principal ones are:
What does the hadith say on the matter of whether a woman’s face should be covered? Well there is one hadith that states that Muhammad allowed women to have their face uncovered:
Asma, daughter of Abu Bakr, entered upon the Apostle of Allah wearing thin clothes. The Apostle turned his attention from her. He said: O Asma, when a woman reaches the age of menstruation, it does not suit her that she displays her parts of body except this and this, and he pointed to her face and hands. (Dawud 4092)
But there is also a hadith that states that Aisha and other women interpreted the Quranic revelation to mean that they should cover their faces:
Aisha used to say: When the Verse: "They should draw their veils over their necks and bosoms," was revealed, the ladies cut their waist sheets at the edges and covered their faces with the cut pieces. (Bukhari 60. 282)
At present there are a small number of countries or regions where some form of head-covering is compulsory according to the law: for example the burqa under the Taliban in Afghanistan; the niqab in Saudi Arabia; some sort of head-scarf in Iran. On the other hand, there are some countries where the niqab has been banned in public (although the media usually refers to it as a “burqa”), notably France and Belgium.
Understandably, the veil in its various forms has become a symbol of the debate over women’s status in Islam, and it is a debate with many layers. The three main arguments against the veil are sexual discrimination, security and health. The first is the most widespread concern of critics, namely that the veil is symptomatic of a fundamental patriarchy in Islam that views women not only as sources of sexual temptation for men (rather than the man’s inability to control his lust) but as second-class citizens, or worse, objects that must be wrapped up. It is not only their public visibility that is curtailed but also their public involvement. The second issue of security targets the niqab and burqa in particular, likening them to the mask worn by criminals to conceal identity. In an age when many terrorist attacks are carried out by Islamic jihadists, calls for “burqa bans” are common (for example the aborted plan to ban the burqa in the Australian Parliament in September 2014). The third argument is based on alleged evidence that vitamin D deficiencies are widespread in Islamic communities where women must cover themselves most of the time and, thus, deprive themselves of much needed sunshine for their physical wellbeing. This is also supplemented by claims that these forms of covering are extremely uncomfortable in warmer climates. For example see this 2009 article from Scientific American:
On the other side of the debate, there are voices that defend the wearing of the veil on a number of fronts. The main reply to the patriarchal accusation is that most Muslim women around the world wear their veil of their own accord. They argue that it is not something imposed upon them by patriarchal males in their family or in the mosque or even in the government, but rather something they embrace freely. Clearly this argument does not work in societies where veiling is a legal requirement; but it is a powerful counter-argument to Western governments who have banned certain forms of face-coverings since it, paradoxically, is an argument for women’s free choice. The second approach is to point out that these forms of dress actually enable women to leave their homes (and their domestic chores) and become involved in public life free of harassment – after all, they are only required to wear this dress when in public. Third, even feminists sympathise with the claim that the Islamic veil is a timely reminder to Western women that they may not be as free or as valued as they think. In highly sexualised Western society, many women are under tremendous pressure to look sexually attractive and please the “male gaze”: in danger of being enslaved by a shallow beauty cult. Aisha’s comments on this would be appreciated by many non-Muslim feminists:
“I wear the veil so that I can be valued not for my looks but for who I am”.
Menstruation
Islam places great importance on motherhood, especially given that there is no established tradition of religious celibacy and procreation is seen as one of the two key aims of marriage. One hadith story relates how Muhammad was asked the question “Whom shall I honour most?” He answered “your mother”. The person asked “Who else?” and the Prophet again replied “your mother”. The person repeated the question and for a third time Muhammad said again “your mother”. The persistent person asked yet again and, on the fourth occasion, Muhammad finally said “your father”. Moreover, some Islamic traditions hold that a mother who dies in childbirth is a martyr (sahid).
Yet the female reproductive cycle involves menstruation and, as in Hinduism and Judaism, Islam considers it to be a polluting time. The legal period can vary from 3 to 10 days, during which there are restrictions placed on the woman. One important restriction is that a menstruating woman may not “remain” in a mosque, which usually includes a ban on attending official prayers or the Friday noon sermon. However, she is allowed to enter the mosque briefly on an errand or if she is simply passing through the building (see Bukhari 974 and Muslim 890). Other restrictions include touching a Qur’an or engaging in sexual intercourse with one’s husband. The period of menstruation ends with a ritual bath (ghusl), which is very similar to the Jewish mikveh. Indeed, anyone (man or woman) who has had sexual intercourse must take the ghusl bath before the official daily prayer whether that is in a mosque or not.
Ghusl – the Islamic ritual bath
Female Circumcision
Another issue that is frequently reported in the media and is often linked to Islam is the question of female circumcision. The World Health Organisation prefers the term “female genital mutilation” and defines it as such:
All procedures that involve partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons.
According to the WHO, there are four types:
Ia Removal of the prepuce (hood)
Ib Removal of the clitoris
II Removal of the inner labia
III Stitching of the outer labia
There are many cultures that practise forms of female circumcision but most are found in northern and central Africa as indicated by the map below. Most of these cultures are Muslim majority societies now, but the practice of female circumcision seems to predate the arrival of Islam.
Prevalence of Female Genital Mutilation
The person who performs the operation is usually an older woman of the tribe or community. The age of the victim varies considerably: from infancy to puberty. The reasons provided by those who advocate the practice include:
· to ensure female chastity and virginity
· to enhance male sexual pleasure
· to reduce the girl’s sexual desire
· to clean the female genitalia, which are regarded as dirty
The key question is whether Islam requires or endorses the practice. In fact, the Qur’an is silent on the question of circumcision – both male and female forms. There are a number of hadith about male circumcision, which seems to be mainly about grooming and hygiene rather than a specifically religious sign as in Judaism. In terms of female circumcision, there are only two weak hadith from Abu Dawud:
A woman used to perform circumcision in Medina. The Prophet said to her: Do not cut severely as that is better for a woman and more desirable for a husband. (Dawud 5251)
Aisha narrated that the Prophet said: "When a man sits between the arms and legs of his wife and the two circumcised parts meet, then ghusl (bath) is obligatory." (Dawud 5271)
The two quotes both seem to presume that female circumcision was a common practice in Arabian culture and that the early Muslims may have continued the practice for hygienic or other non-religious reasons. The first quote also implies that the type of female circumcision recommended by the Prophet was a mild one, perhaps type Ia. The Shafi’i law school considers female circumcision as obligatory whereas the other three Sunni law schools do not require it. However, there are modern Islamic scholars who condemn the practice including a 2006 statement from the Al Azhar University (Cairo): http://www.stopfgmmideast.org/fatwas-against-fgm/
See also this recent episode of Insight on the SBS:
http://www.sbs.com.au/ondemand/video/17428035977/insight-clear-cut
RELIGIOUS LEADERS
Finally, we need to take a quick look at the degree to which Islam has allowed women to take up roles as religious teachers and prayer leaders.
In the early years of Islam, there is evidence that women played important roles in learning and teaching. For example, women were involved in the memorisation, collection and canonisation of the Qur’an. Aisha and other women witnesses were key sources of information for the hadith collections. And there is evidence that women acted as teachers of the faith, not only in their homes but also in mosques and colleges. Some of the most famous Sufi mystics were women, as with the case of Rabia of Basra (see above).
However, the overwhelming majority of Islamic teachers and prayer leaders down through the centuries have been men. In some places, women’s access to education is limited or even banned as in the extreme case of the Taliban in Afghanistan and the amazing courage of young Malala Yousafzi who defied the ban and was shot as a result. Yet there are many Muslim nations where women are beginning to outnumber men in some tertiary education courses, including Saudi Arabia, Malaysia and Algeria. British Muslim scholar Myriam Francois-Cerrah points out that the very first Quranic revelation given to Muhammad was “Read!” and this applies to men and women.
In terms of religious leadership, the role of imam has traditionally been reserved for men only. The imam is not an ordained priest in the Christian sense, but more like a Jewish rabbi: someone who has expert knowledge of the Qur’an and is able to lead the official prayers and deliver the Friday noon sermon (nb. Only males are obliged to attend mosque at Friday noon). So there is nothing inherently “male” about the role (the imam does not represent Muhammad as some Christian priests represent Jesus). As a result, most law schools today agree that a woman can act as imam when only women are present. The tricky question is whether a woman can act as imam when men are present (or at least men who are not close male relatives). Most law schools teach that this is not appropriate and the main reason is the custom that women stand behind men during official prayer; whereas the imam stands in front of the congregation. The reason for this custom is that official prayers involve bowing and prostrating and it would be considered immodest if a female imam was bowing and prostrating in front of her fellow male believers. It is very similar to the requirement that women cover their hair with a veil when in the presence of men outside her immediate family circle.
However, there are Muslim feminists who point to a precedent during the life of Muhammad. According to the hadith, the Prophet appointed Um Waraqa (a woman who had memorised the Qur’an) to act as imam in her “dar”. The term “dar” usually means household or even village and if there were males in the congregation then it would be proof that Muhammad thought that a woman could lead men in official prayer. Opponents argue that she led a female-only congregation or that the males present were close blood-relatives. More recently, in 2005, the scholar Amina Wadud led official prayers for a mixed congregation in New York. Most Islamic leaders disapproved but there are Muslim academics who lent their support. Similar cases have occurred in other places such as Canada, South Africa and elsewhere in the USA. Some argue that a woman could legitimately lead a mixed congregation provided that she does not stand directly in front of the men.
Women pray behind men for the sake of modesty
Amina Wadud acting as “imam”, leading Islamic prayer
Videos
Amina Wadud on a woman leading Islamic prayer
Listen for: the role of the prayer leader (is it “intercessory”?); how the congregation is organized in a mosque; theological arguments for or against a woman leading prayer; her reasons for accepting the role
Shabir Ally on Women as Imams (from Let the Quran Speak, Canada TV)
Listen to the various arguments for and against allowing women to lead prayer in a public congregation and one possible solution to the ‘modesty’ issue.
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