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Women’s rights;
is everything as it seems?

By: Nur Masyitah Binte Borhan

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In this present-day where technology has advanced significantly, one would think that humans would have progressed just as much as a civilisation. Time and time again, we experienced, witnessed, heard of mistreatment of women, be it social or employment discrimination or sexual harassment or objectification or domestic abuse, and the list goes on. Much effort has been made to empower women through conventions, laws, campaigns, and many more.

 

As Muslims, we take pride in the fact that the Islamic revelation 14 centuries ago has raised women’s status in society, returning to them the rights they were deprived of for so long. When everyone else deemed women intellectually inferior to men and treated them less than human, Islam frees women from this unjust misconception and respected women for their strengths and capabilities. People consulted Aisyah radhiyAllahu ‘anha about jurisprudential issues for her vast knowledge in fiqh. Ummu Umarah radhiyAllahu ‘anha went to war. Rubayyi' bintu Mu'awwiz radhiyAllahu ‘anha nursed the injured in the Muslim army. And many others had shown that Islam does not suppress women.

 

Despite that, today, the Muslim society, in reality, is not free from mistreating women. The fault lies in none other than our own negligence in practicing Islam, be it by clinging to customs and traditions that contradict Islam or being influenced by emerging philosophies, ideologies, personalities, and others. Some even cherry-pick from what the Prophet ﷺ had conveyed to us to justify their wrongdoings while others dare to claim that the very care Islam has provided women is in actuality denying them from their rights!

 

“Men inheriting twice the share of women is discriminating!”

 

They claim that the reasoning behind men's entitlement to this allocation, which is their responsibility towards their families, is irrelevant in today's context as a lot of women nowadays work to support their families too [1]. While they are focused on men’s double shares, they ignored the existence of more than 30 other situations in Islamic inheritance whereby women receive the same portion as men or even more. Islam strives for fairness which does not necessarily equate to equality, but rather, it is about giving each individual their rights.

 

“Women should be free and independent. There is no need for a guardian (wali)!”

 

Does being under the care of men – as to how the Prophet ﷺ taught us – make women inferior to men? Or does the care women are entitled to, in fact, be a privilege? Human beings, by nature, are social beings. As independent as one can be, one will still yearn to be cherished and have someone to rely on. Men's guardianship over women, if done correctly, is not supposed to be restricting. It also ensures women are never left to fend for themselves alone as distant male relatives must take up the task in the absence of immediate relatives. Hence, Islam only honours women by entitling them to rights and care.

 

Islam has never looked down on women. For instance, the Prophet ﷺ had confided in his wife Ummu Salamah radhiyAllahu ‘anha, which shows how he valued her views. Right after the signing of the Treaty of Hudaibiyyah, the Prophet ﷺ had ordered his companions ridhwaanullahi ‘alaihim to slaughter their flock and shave their heads. However, they did not do as they were told even after ﷺ repeated his orders as it was hard for them to return to Medina without entering Mecca at all. Thus, Ummu Salamah radhiyAllahu ‘anha suggested that the Prophet ﷺ to do it first for his companions to see, and indeed when they saw him, they followed suit. [2]

 

All in all, in our efforts to empower women, we must stay close to two things:

 

Firstly, women must know their rights as stated in Islam. Everything else that comes in the name of empowering women is okay only if it concurs with Islam. Otherwise, one should return to the Quran and Sunnah. Our brains’ capabilities – as phenomenal as they are – are limited. We may not comprehend the wisdom behind what Allah has decreed upon us except for a chosen few. Thus, no matter how compelling one may be in propagating his ideas, ultimately, it comes from a mere human and should not be opted for over Allah’s 'azza wajalla words. Indeed, the Creator knows best of His creations’ matters.

 

Secondly, men must understand the role that Allah ‘azza wajalla has mandated upon them: al-qiwaamah [3]. Men are to care for women and guide them, not to dominate. What Allah has given men over women – generally – is nothing but to enable men to carry out their responsibilities towards those under their care. Al-qiwaamah is a duty to be fulfilled, not a privilege to be exploited.

 

In the end, there is no denying that men and women are different. Men have rights they are entitled to and their own duties to fulfil, and so do women. At the same time, men and women are the same; none is superior to the other. If they do good, Allah ‘azza wajalla will reward them. And if they err, they will be punished [4]. The only criterion that differentiates one from the other is piousness [5]. There is as much a chance for a man to be better than 100 women, as it is for a woman to be better than 100 men.

 

References:

[1] See Jana Rumminger, Janine Moussa, Zainah Anwar, CEDAW and Muslim Family Laws: In Search of Common Ground, Malaysia, 2011, page 38-39

[2] See Musnad Ahmad, book 31, hadith 18910

[3] See Quran (4:34)

[4] See Quran (4:32)

[5] See Quran (49:13)

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