Alhassanain(p) Network for Heritage and Islamic Thought

An Introduction To The Rights And Duties Of Women In Islam

Author(s): Ayatullah Ibrahim Amini

Translator(s): Abuzar Ahmadi

Publisher(s): ABWA Publishing and Printing Center

www.alhassanain.org/english

Title: AN INTRODUCTION TO THE RIGHTS AND DUTIES OF WOMEN IN ISLAM

Author: Ibrāhīm Amīnī

Project supervisor: Translation Unit, Central Office of Research, Cultural Affairs Department, Ahl al-Bayt (‘a) World Assembly (ABWA)

Translator: Abuzar Ahmadi

Editor: Carol Eastman

Proofreader: Sayyid Baqir Husayni

Publisher: ABWA Publishing and Printing Center

First Printing: 2011

Notice:

This work is published on behalf of www.alhassanain.org/english

The typing errors are n’t corrected.

Table of Contents

Publisher’s Foreword 6

Section One The Rights and Duties of Women in Islam 8

The Standing of Women in Islam 9

The Standing of Women in Islam 9

Common Responsibilities of Men and Women 9

Women and Freedom 14

Women and Freedom 14

1. Freedom in Work 14

2. Freedom in Proprietorship 16

3. Freedom in Marriage 16

4. Freedom in Seeking Knowledge 17

5. Freedom in Residence Selection 17

Women and Ḥijāb 19

First Verse 19

Second Verse 21

Third Verse 22

The Limits of Ḥijāb 23

Reason One 23

Reason Two 24

Reason Three 25

Reason Four 25

Philosophy of Ḥijāb 27

First Point 27

Second Point 27

Third Point 27

Community A 28

Community B 29

Marriage and its Merits 32

1. Instrument of Love and Friendship 33

2. Instrument of Continence and Immunity from Sin 33

3. Instrument of Physical and Mental Health 34

4. Increase in the Well-being of the Social Environment 34

5. Procreation 34

6. Pleasure and Sensuality 35

Conditions of the Marriage Contract 35

Mutual Rights and Responsibilities of Spouses 36

Common Rights and Responsibilities 36

1. Sociability 36

2. Attracting the Attentions of One’s Spouse 37

3. Pleasure and Gratification 38

4. Rearing and Edifying Children 38

Exclusive Duties of Husbands and Wives 39

a. Men’s Obligations 39

1. Supervision of the Family 39

2. Providing Financial Support [nafaqah] 40

3. Honor, Gentleness, and Lenience 40

4. Religious and Moral Guidance 40

b. Women’s Obligations 41

The Mahr of Women and its Philosophy 43

The Philosophy of Mahr 45

Nafaqah (Financial Support) and its Philosophy 47

Criticism 47

Response 47

Criticism 48

Response 48

Women’s Inheritance in Islam 50

Criticism 51

Response 51

Islam and Polygamy 53

Conditions for Polygamy 55

Divorce in Islam 56

The Philosophy of Divorce 59

Section Two The Rights and Duties of Women in the Form of Questions and Answers 63

Introduction 64

Nonconformance of Publicity and Education 69

Common Rights of Women and Men 98

1. The Right to Live and Exist 98

2. The Right to Freedom 98

3. The Right to Utilize Natural Resources 98

4. The Right to Health Care and Sanitation 98

5. The Right to Employment 99

A Sympathetic Word 99

6. The Right to Possession and Enjoyment of Property 99

7. The Right to Security 100

8. The Right to Legislation and Living in the Presence of Laws 100

9. The Right to Participate and Associate in the Government 100

10. The Right to Choose a Spouse 101

11. The Right to Have and Raise Children 101

12. The Right to Think and Have Opinions and Beliefs 101

13. The Right to Seek Knowledge 102

14. The Right to Spiritual and Mystical Improvement 102

The Noble Zahrā (‘a): The Epitome of Women 106

Bibliography 116

Notes 117

Publisher’s Foreword

“In the Name of Allah, the Compassionate, the Merciful”

The invaluable legacy of the Household [Ahl al-Bayt] of the Prophet (may peace be upon them all), as preserved by their followers, is a comprehensive school of thought that embraces all branches of Islamic knowledge. This school has produced many brilliant scholars who have drawn inspiration from this rich and pure resource. It has given many scholars to the Muslim ummah who, following in the footsteps of Imāms of the Prophet’s Household (‘a), have done their best to clear up the doubts raised by various creeds and currents within and without Muslim society and to answer their questions. Throughout the past centuries, they have given well-reasoned answers and clarifications concerning these questions and doubts.

To meet the responsibilities assigned to it, the Ahl al-Bayt World Assembly (ABWA) has embarked on a defence of the sanctity of the Islamic message and its verities, often obscured by the partisans of various sects and creeds as well as by currents hostile to Islam. The Assembly follows in the footsteps of the Ahl al-Bayt (‘a) and the disciples of their school of thought in its readiness to confront these challenges and tries to be on the frontline in consonance with the demands of every age.

The arguments contained in the works of the scholars belonging to the School of the Ahl al-Bayt (‘a) are of unique significance. That is because they are based on genuine scholarship and appeal to reason, and avoid prejudice and bias. These arguments address scholars and thinkers in a manner that appeals to healthy minds and wholesome human nature.

To assist the seekers of truth, the Ahl al-Bayt World Assembly has endeavored to present a new phase of these arguments contained in the studies and translations of the works of contemporary Shī‘ah writers and those who have embraced this sublime school of thought through divine blessing.

The Assembly is also engaged in edition and publication of the valuable works of leading Shī‘ah scholars of earlier ages to assist the seekers of the truth in discovering the truths which the School of the Prophet’s Household (‘a) has offered to the entire world.

The Ahl al-Bayt World Assembly looks forward to benefit from the opinions of the readers and their suggestions and constructive criticism in this area.

We also invite scholars, translators and other institutions to assist us in propagating the genuine Islamic teachings as preached by the Prophet Muḥammad (ṣ).

We beseech God, the Most High, to accept our humble efforts and to enable us to enhance them under the auspices of Imām al-Mahdī, His vicegerent on the earth (may Allah expedite his advent).

We express our gratitude to Ibrāhīm Amīnī, the author of the present book, and Abuzar Ahmadi, its translator. We also thank our colleagues who have participated in producing this work, especially the staff of the Translation Office. ?

Cultural Affairs Department

Ahl al-Bayt (‘a) World Assembly

Section One The Rights and Duties of Women in Islam

The Standing of Women in Islam

Women and Freedom

Women and Ḥijāb

Marriage and its Merits

Mutual Rights and Responsibilities of Spouses

The Mahr of Women and its Philosophy

Nafaqah (Financial Support) and its Philosophy

Women’s Inheritance in Islam

Islam and Polygamy

Divorce in Islam

The Standing of Women in Islam

The Standing of Women in Islam

According to Islam, women and men alike possess the lofty status of humanity because they are both equally human. The Quran identifies humans as “viceroys of God” [khalīfat ullāh] and reveres them greatly:

وَ لَقَدْ كَرَّمْنَا بَنِي آدَمَ وَ حَمَلْنَاهُمْ فِي الْبَرِّ وَ الْبَحْرِ وَ رَزَقْنَاهُم مِّنَ الطَّيِّبَاتِ وَ فَضَّلْنَاهُمْ عَلَى كَثِيرٍ مِّمَّنْ خَلَقْنَا تَفْضِيلاً

“And We have surely honored the children of Adam. We have presented them with transport on land and sea, provided them good and pure sustenance, and We have greatly exalted them over many of Our creations.”[1]

Additionally, it states that Adam (‘a) had such high rank that the angels bowed to him:

فَإِذَا سَوَّيْتُهُ وَ نَفَخْتُ فِيهِ مِن رُّوحِي فَقَعُواْ لَهُ سَاجِدِينَ

“So when I shape him and breathe into him of My spirit, fall down, prostrating yourselves unto him.”[2]

All this is due to our humanity. Regarding Adam (‘a), the Holy Quran declares:

﴿وَ عَلَّمَ آدَمَ الأَسْمَاء كُلَّهَا ثُمَّ عَرَضَهُمْ عَلَى الْمَلاَئِكَةِ فَقَالَ أَنبِئُونِي بِأَسْمَاء هَؤُلاء إِن كُنتُمْ صَادِقِينَ* قَالُواْ سُبْحَانَكَ لاَ عِلْمَ لَنَا إِلاَّ مَا عَلَّمْتَنَا إِنَّكَ أَنتَ الْعَلِيمُ الْحَكِيمُ* قَالَ يَا آدَمُ أَنبِئْهُم بِأَسْمَآئِهِمْ فَلَمَّا أَنبَأَهُمْ بِأَسْمَآئِهِمْ قَالَ أَلَمْ أَقُل لَّكُمْ إِنِّي أَعْلَمُ غَيْبَ السَّمَاوَاتِ وَ الأَرْضِ وَ أَعْلَمُ مَا تُبْدُونَ وَ مَا كُنتُمْ تَكْتُمُونَ

“And He taught Adam all the Names; then He presented them upon the angels and said: ‘Explain to Me these names, if thou speak truly.’ They said: ‘Glory be unto Thee! We have no knowledge save what Thou hast taught us. Surely Thou art the All-knowing, the All-wise.’ He said: ‘O Adam! Explain unto them their names.’ When he notified them of their names, God said, ‘Did I not tell you that I know the invisible things of the heavens and earth and that I know what you reveal and what you hide?’”[3]

The fact that noble Adam (‘a) was able to understand the Names and explain them was due to his unique genesis as a human and men and women are equal in this genesis. In general, all extolments in the Quran and Hadith regarding humans encompass both women and men. There is no verse in the Quran that reproaches women for being women.

Therefore, according to Islam and the Quran, men and women are equally human, they are no different in worth, and they possess common responsibilities in managing the society, some of which are enumerated below:

Common Responsibilities of Men and Women

I. Men and women are both equally responsible for reproduction and continuance of the human race.

The Holy Quran states:

يَا أَيُّهَا النَّاسُ إِنَّا خَلَقْنَاكُم مِّن ذَكَرٍ وَ أُنثَى وَ جَعَلْنَاكُمْ شُعُوبًا وَ قَبَائِلَ لِتَعَارَفُوا إِنَّ أَكْرَمَكُمْ عِندَ اللَّهِ أَتْقَاكُمْ إِنَّ اللَّهَ عَلِيمٌ خَبِيرٌ

“O Humans! Surely, I have created you as males and females and have made you into [diverse] races and tribes that you may know one another. Verily, the most noble among you before Allah is the most pious of you. Truly, Allah is All-knowing, All-aware.”[4]

It also declares:

يَا أَيُّهَا النَّاسُ اتَّقُواْ رَبَّكُمُ الَّذِي خَلَقَكُم مِّن نَّفْسٍ وَاحِدَةٍ وَ خَلَقَ مِنْهَا زَوْجَهَا وَ بَثَّ مِنْهُمَا رِجَالاً كَثِيرًا وَ نِسَاءً وَ اتَّقُواْ اللّهَ الَّذِي تَسَاءلُونَ بِهِ وَ الأَرْحَامَ إِنَّ اللّهَ كَانَ عَلَيْكُمْ رَقِيبًا

“O humans! Fear your Lord who created you from a single soul and from it created its mate and from the pair of them has disseminated many men and women. So be pious toward Allah, in whose name you ask for assistance, and do not cut off from your relatives. Surely, Allah watches over you.”[5]

In these verses, women and men are identified as two chief pillars of the society. Additionally, piety is regarded as the criterion for the superiority of men and women.

II. The Quran identifies faith in God, edification [tahdhīb] and purification of the soul of all evils [tazkiyah], piety, and performing good deeds as the only path to human salvation. In this context, it does not differentiate between women and men. In fact, it regards both equally worthy of spiritual advancement, perfection, and proximity to God [qurb ila allāh].

God, the Sublime, has stated in the Quran:

مَنْ عَمِلَ صَالِحًا مِّن ذَكَرٍ أَوْ أُنثَى وَ هُوَ مُؤْمِنٌ فَلَنُحْيِيَنَّهُ حَيَاةً طَيِّبَةً وَ لَنَجْزِيَنَّهُمْ أَجْرَهُم بِأَحْسَنِ مَا كَانُواْ يَعْمَلُونَ

“Whosoever performs a good deed, whether man or woman, while having faith in Allah, We shall assuredly restore them with a good and pure life and We shall recompense them with rewards according to the best of what they have done.”[6]

Allah also declares:

فَاسْتَجَابَ لَهُمْ رَبُّهُمْ أَنِّي لاَ أُضِيعُ عَمَلَ عَامِلٍ مِّنكُم مِّن ذَكَرٍ أَوْ أُنثَى بَعْضُكُم مِّن بَعْضٍ

“Therefore their Lord granted their prayers. Verily, I shall not suffer the work of any agent among you to be lost, whether man or woman; you are all members of the same race.”[7]

The Quran praises righteous and worthy women and men similarly and thus states:

إِنَّ الْمُسْلِمِينَ وَ الْمُسْلِمَاتِ وَ الْمُؤْمِنِينَ وَ الْمُؤْمِنَاتِ وَ الْقَانِتِينَ وَ الْقَانِتَاتِ وَ الصَّادِقِينَ وَ الصَّادِقَاتِ وَ الصَّابِرِينَ وَ الصَّابِرَاتِ وَ الْخَاشِعِينَ وَ الْخَاشِعَاتِ وَ الْمُتَصَدِّقِينَ وَ الْمُتَصَدِّقَاتِ وَ الصَّائِمِينَ وَ الصَّائِمَاتِ وَ الْحَافِظِينَ فُرُوجَهُمْ وَ الْحَافِظَاتِ وَ الذَّاكِرِينَ اللَّهَ كَثِيرًا وَ الذَّاكِرَاتِ أَعَدَّ اللَّهُ لَهُم مَّغْفِرَةً وَ أَجْرًا عَظِيمًا

“Verily, for Muslim men and women, for faithful men and women, for obedient men and women, for truthful men and women, for patient men and women, for humble men and women, for almsgiving men and women, for fasting men and women, for men and women who guard their private parts, and for men and women who remember God much, Allah has prepared forgiveness and a mighty reward.”[8]

The Quran has indicated worthy women in history just as it has mentioned such men and has commended them greatly. For example, regarding Saint Maryam (Mary) (‘a), the Quran states:

فَتَقَبَّلَهَا رَبُّهَا بِقَبُولٍ حَسَنٍ وَ أَنبَتَهَا نَبَاتًا حَسَنًا وَ كَفَّلَهَا زَكَرِيَّا كُلَّمَا دَخَلَ عَلَيْهَا زَكَرِيَّا الْمِحْرَابَ وَجَدَ عِندَهَا رِزْقاً قَالَ يَا مَرْيَمُ أَنَّى لَكِ هَذَا قَالَتْ هُوَ مِنْ عِندِ اللّهِ إنَّ اللّهَ يَرْزُقُ مَن يَشَاء بِغَيْرِ حِسَابٍ

“So her Lord accepted her with gracious favor and nurtured her well and appointed Zachariah to foster her. Whenever Zachariah came to her in her sanctuary, he would see that she had (special) food. He said, ‘O Maryam! From where does this come to you?’ She answered, ‘This is from Allah. Verily, Allah provides sustenance to whomever He wills without reckoning.’”[9]

Furthermore, it proclaims:

وَ إِذْ قَالَتِ الْمَلاَئِكَةُ يَا مَرْيَمُ إِنَّ اللّهَ اصْطَفَاكِ وَ طَهَّرَكِ وَ اصْطَفَاكِ عَلَى نِسَاء الْعَالَمِينَ

“And (remember) when the angels said, ‘O Maryam! Allah has chosen you and made you pure and has preferred you above all women in creation.’”[10]

Regarding Āsiyah (‘a), Pharaoh’s wife, God the Most High has stated:

وَ ضَرَبَ اللَّهُ مَثَلًا لِّلَّذِينَ آمَنُوا اِمْرَأَةَ فِرْعَوْنَ إِذْ قَالَتْ رَبِّ ابْنِ لِي عِندَكَ بَيْتًا فِي الْجَنَّةِ وَ نَجِّنِي مِن فِرْعَوْنَ وَ عَمَلِهِ وَ نَجِّنِي مِنَ الْقَوْمِ الظَّالِمِينَ

“And Allah cites Pharaoh’s wife as an example for the believers when she said, ‘O Lord! Build for me, close to Yourself, a home in Paradise and deliver me from Pharaoh and his works and deliver me from evil doing peoples.’”[11]

Virtuous Fāṭimah (‘a), the honorable daughter of the Prophet (ṣ), is also one of these superior women. The Verse of Purification [āyah taṭhīr] is about Fāṭimah (‘a), her husband, father, and children. The exalted Lord declares:

إِنَّمَا يُرِيدُ اللَّهُ لِيُذْهِبَ عَنكُمُ الرِّجْسَ أَهْلَ الْبَيْتِ وَيُطَهِّرَكُمْ تَطْهِيرًا

“Surely, Allah only wishes to remove from you, People of the House, all uncleanness and purify you thoroughly.”[12]

Regarding these lofty women, the Messenger of Allah (ṣ) stated:

قال النبي (ع): سيّدات أهل الجنة أربع: مريم بنت عمران، و فاطمة بنت محمّد، و خديجة بنت خويلد، و آسية بنت مزاحم إمرأة فرعون

“The great women of paradise are four: Maryam daughter of ‘Imrān, Fāṭimah daughter of Muḥammad, Khadījah daughter of Khuwaylid, and Āsiyah daughter of Muzāḥim, wife of Pharaoh.”[13]

As you can see, the Quran does not regard being a woman an impediment to advancement, elevation, and attaining human perfections [faḍāyil-e insānī]; rather, it regards women to be as worthy as men in attaining perfections.

Of course, some women have been reproached in the Quran, such as Prophet Noah’s (‘a) wife, Prophet Lot’s (‘a) wife, and the wife of the idolater, Abū Lahab.[14] In a similar manner, various men have also been reproached due to their contemptible works, such as Pharaoh, Nimrod, and Abū Lahab.

III. Islam regards women and men as two pillars of the society that have a common role in the emergence, formation, and management of the society and have an equal share in all its aspects. Men and women are both part of the community and they uniformly benefit from the virtues of a righteous society and suffer from the destructive effects of its corruption. Consequently, the responsibility of correct management and reformation of the society is charged to both women and men. God most high states in the Quran:

وَ الْمُؤْمِنُونَ وَ الْمُؤْمِنَاتُ بَعْضُهُمْ أَوْلِيَاء بَعْضٍ يَأْمُرُونَ بِالْمَعْرُوفِ وَ يَنْهَوْنَ عَنِ الْمُنكَرِ وَ يُقِيمُونَ الصَّلاَةَ وَ يُؤْتُونَ الزَّكَاةَ وَ يُطِيعُونَ اللّهَ وَ رَسُولَهُ أُوْلَئِكَ سَيَرْحَمُهُمُ اللّهُ إِنَّ اللّهَ عَزِيزٌ حَكِيمٌ

“And male and female believers are protecting friends of each other; they enjoin righteousness and forbid evil, they perform ṣalāt[15] and pay their alms-tax, they obey Allah and His Messenger. Upon these, Allah shall have mercy. Truly, Allah is Almighty, All-wise.”[16]

It is true that presence in jihad and fighting against enemies is not obligatory [wājib] for women. However, they have not been relieved of any other social responsibilities: enjoining virtues [amr be ma‘rūf] and forbidding evils [nahī az munkar]; protecting the religion and its sanctities; propagating Islam; struggling against violation and infringement; defending the rights of the deprived and oppressed; cooperating in good works; aiding the destitute and afflicted; nursing the sick, elderly, and invalids; campaigning against ethical and social corruption; proper fostering and nurturing of the young; augmenting knowledge in the society; fortifying the just government of Islam; upholding Islamic values; contributing to the financial well being of the family and country; and many other common responsibilities have been given to men and women alike.

IV. Other common duties of women and men are acquisition of knowledge and decipherment of the secrets of the cosmos, and their utilization for increasing welfare. Men and women are both human and thereby responsible and capable in this regard.

Islam greatly emphasizes pursuing knowledge and even identifies it as an obligation. Thus, Imam Ṣādiq (‘a) has quoted from the Messenger of Allah (ṣ) that:

عن أبي عبدالله (ع) قال: قال رسول الله (ص): طلب العلم فريضة على كلّ مسلم، ألا إنّ الله يحبّ بغاة العلم

“Obtaining knowledge is obligatory for all Muslims. Know that Allah truly loves seekers of knowledge.”[17]

Moreover, Imam Bāqir (‘a) has stated:

عن أبي جعفر (ع) قال: عالم ينتفع بعلمه، أفضل من سبعين ألف عابد .

“A learned person who uses their knowledge is better than seventy thousand devout worshipers [‘ābid].”[18]

There are hundreds of similar Hadith on this subject and there is no differentiation between men and women in this respect. As Muslims, women are charged with gaining knowledge in order to become self-sufficient; especially regarding sciences that are essential such as therapeutics, dentistry, psychiatry, pharmaceutics, nursing, obstetrics, experimental sciences, education, psychology, biology, chemistry, management, accounting, Islamic sciences, exegesis, religious belief, religious jurisprudence, history, literature, art, linguistics, language, law, economics, etc.

Women comprise around half the society; therefore, they must share in its administration. This is why female scientists and specialists of necessary and relevant sciences must equal the men in these fields in order that they are self-sufficient. Half of all hospitals, clinics, universities, schools, academies, pharmacies, laboratories, academies of religion, and Islamic promotional institutes must be assigned to women. Additionally, all maternity hospitals must be female specific and have only as many male specialists as needed for their male patients, though unfortunately this is not so. This defect or disparity may be for the following two reasons:

a. The selfishness, egocentricity, and injustice of men throughout history, which has prevented women from attaining their lawful rights in independence and has kept women dependent

b. The self-negligence, absence of self-knowledge, opulence-centricity, and aestheticism of women who have not understood the correct manner to vindicate their rights and have fallen astray

Women must understand their true roles and responsibilities. They must endeavor to realize independence, self-reliance, and their lawful rights and must be careful not to deviate from the correct path as many others who have diverged.

Women and Freedom

Women and Freedom

Like men, women have been created free and desire to live without the intrusion of others. The inclination for freedom is a natural and legitimate desire. However, can humans truly live independently and unassisted in a community?

Humans have need of their fellow creatures. They must observe the rights and wants of others and must restrict their individual freedoms to the limits of societal laws. Such restrictions are not adverse to humans; they benefit humanity. Additionally, living in complete freedom and unquestionably following one’s carnal desires injures humankind. In such cases, restrictions must be endorsed since it is to everyone’s true advantage.

Even though Islam respects humanity’s right to freedom, it regards absolute freedom neither possible nor compliant with humankind’s individual or social good. Hence, by observing the spiritual, material, worldly, otherworldly, individual, and social benefit of humans, Islam has decreed ordinances, laws, and responsibilities and has thus confined the freedom of humans. Some of these limiting rules and injunctions may not be pleasing to some people and they may regard them obtrusive to their personal freedom. However, these assessments are an effect of shortfalls in correctly understanding one’s own true interests. If humans were fully aware of their true interests, they would not deem religious restrictions detriments to their freedom and would willingly consent to these limitations.

The freedom of women is also such. Islam respects the freedom of women and observes it in its legislation, provided that it is not contrary to the true interests of the collective human society. Thus, in cases that freedom is at variance with the true interests of women, Islam prefers restrictions to unconditional latitude. Herein several of women’s liberties shall be briefly reviewed:

1. Freedom in Work

As previously stated, Islam regards women as one of the two pillars of the society and has given them various responsibilities. Women cannot and must not be crippled members or useless constituents of the society. Islam regards work as an obligation and a superior form of worship and warns its supporters to avoid idleness, vanity, and retirement from work. There are many Hadith regarding this issue, some of which are mentioned below.

The Messenger of Allah (ṣ) has stated:

قال رسول الله (ص): «العبادةُ سَبْعُونَ جزءً أفضلها طَلَبُ الحَلال

“Worship has seventy elements; the noblest of which is endeavoring to gain legitimate income.”[19]

The noble Mūsā ibn Ja‘far (‘a) has declared:

بشير الدهان، قال سمعت ابالحسن موسى (ع) يقول: «انّ الله عزّوجلّ يُبغِض الْعَبد النّوام الْفارغ

“Surely Allah, the Honored, the Glorified, disfavors languid and idle servants.”[20]

According to Islam, working is not a right but a duty and men and women are no different in this regard. Women must also perform their social duties and they are free in choosing their occupation. However, taking heed of the special physical and spiritual genesis of women, not all lines of work are consistent with their eminence or abilities and other members of the society. Women are exquisite, sensitive, and beautiful beings. Because of this exquisiteness and beauty, they have much allure and influence with men. Thus, they must endeavor to choose professions that can keep their spiritual and physical beauty impeccable for their husbands. Thus working in onerous and physically taxing jobs is not advisable for women; these include professions such as driving heavy vehicles, overnight jobs, farming, animal husbandry, and working in mines, ironworks, cement and automobile factories, etc. These occupations are usually beyond the normal physical capacities of women and endanger their beauty, exquisiteness, and allure, which is neither to the benefit of women nor to that of their spouses.

Consequently, Islam advises that men not allow women to perform laborious work. Amīr al-Mu’minīn[21] said to his son Imam Ḥassan (‘a):

في رسالة أميرالمؤمنين إلى الحسن (ع) قال: لا تملك المرأة من الأمر ما يجاوز نفسها؛ فإنّ ذلك أنعم بحالها، و أرخى لبالها، و أدوم لجمالها؛ فإنّ المرأة ريحانة و ليست بقهرمانة

“Do not tolerate that women do things beyond their abilities because this is more suitable for their status, it calms their hearts, and preserves their beauty; surely women are like fragrant flowers and not warriors.”[22]

Another important issue is that the exquisiteness, beauty, and allure of women are as natural as the inability of most men in resisting sexual temptation. Thus, it is in the interests of women and the society in general that they choose professions with less contact with non-kindred men, especially youths and unmarried men, in order to avoid probable harm to their faith and reputation and aid the health and virtue of the society.

We must also bear in mind that women are sentimental and affectionate beings and can be more quickly affected by their emotions than men. Hence, it is not in the interests of women or the society that they take professions that require increased decisiveness or brutality such as judgeship and military and disciplinary professions.

The final issue that women must take in mind in choosing a line of work is observing the rights of their children and preserving the family. If a woman is married and has children, she must be heedful of the fact that she has an even greater responsibility, which is caring for her husband and correctly rearing their children; a charge that the unique genesis of women has put upon them. It is true that women are free in selecting their careers, but they must choose one that does not weaken the benign cornerstones of the family and that does not deprive children of maternal love and affection and correct education and training.

In such cases, the course of action must be determined by mutual agreement and men must abandon inappropriate prejudices, selfishness, egocentricity, and patriarchal habits and must impartially allow women to choose suitable careers in proportion with the interests of the family as a whole.

2. Freedom in Proprietorship

Islam respects the ownership of both women and men. A woman may gain and become owner of properties and wealth through industry, commerce, dower, gifts, working as a staff member, or any other legitimate method. She may gain profit from these methods and no one has the right to appropriate her possessions without her consent, whether they be her father, mother, husband, or children. The Quran declares:

وَ لاَ تَتَمَنَّوْاْ مَا فَضَّلَ اللّهُ بِهِ بَعْضَكُمْ عَلَى بَعْضٍ لِّلرِّجَالِ نَصِيبٌ مِّمَّا اكْتَسَبُواْ وَ لِلنِّسَاء نَصِيبٌ مِّمَّا اكْتَسَبْنَ وَ اسْأَلُواْ اللّهَ مِن فَضْلِهِ إِنَّ اللّهَ كَانَ بِكُلِّ شَيْءٍ عَلِيمًا

“Do not covet that by which Allah has elevated some of you over others. To men is allotted what they earn and to women is allotted what they earn. So ask Allah of His bounty. Surely Allah has absolute knowledge of all things.”[23]

3. Freedom in Marriage

Like men, women are completely free in marriage and choosing their spouse. A mature woman may not be married without her consent and such a marriage is void. No one has the right to force a woman to marry or to choose a specific husband for her, even one’s father, mother, sibling, or grandparents. Imam Ṣādiq (‘a) has stated:

منصور بن حازم، عن أبي عبدالله (ع) قال: «تستأمر البكر و غيرها ولا تنكح إلّا بأمرها

“Women must be asked permission for their marriage, virgin or otherwise, and marriage is not correct without the woman’s behest.”[24]

Concerning a man who wanted to marry off his sister, Imam Ṣādiq (‘a) stated:

داود بن سرحان، عن أبي عبدالله (ع) في رجل يريد أن يزوّج أخته، قال: «يؤامرها، فإن سكتت فهو إقرارها، و لا تنكح إلّا بأمرها

“She must be asked permission; if she is reticent, her silence is permission. However, marriage is not correct without the woman’s behest.”[25]

Hence, in order for a marriage to be correct, the acquiescence of the woman is necessary regardless of whether she is a virgin or not. Here, the question arises that: in order for a marriage to be correct, in addition to the woman’s consent, is her father or grandfather’s consent also a requirement?

The answer of this question has been expounded thus: If the woman is not a virgin (hence previously married), the consent of her father or grandfather is not necessary and she may decide to remarry independently. Various Hadith have emphasized this fact. Regarding the marriage of a non-virgin woman, Imam Ṣādiq (‘a) has stated:

حلبي عن أبي عبدالله (ع) قال: في المرأة الثيّب تخطب إلى نفسها، قال: هي أملك بنفسها، تولّي أمرها من شاءت إذا كان كفواً بعد أن تكون قد نكحت رجلاً قبله

“She has more authority over herself than any other person. If she has had a previous marriage, she can choose her desired spouse for remarriage if he is good for her.”[26]

Imam Ṣādiq (‘a) has also stated:

عن أبي عبدالله (ع) قال: لا بأس أن تزّوج المرأة نفسها إذا كانت ثيّباً بغير إذن أبيها إذا كان لا بأس بما صنعت

“There is no problem with a non-virgin (previously married) woman getting married without the consent of her father if she has no defects.”[27]

However, if a woman is a virgin (and previously unmarried), almost all religious jurisprudents [faqīh] regard the permission of the father or grandfather necessary for her marriage and have substantiated this claim with various Hadith. Imam Ṣādiq (‘a) has declared:

أبو مريم، عن أبي عبدالله (ع) قال: الجارية البكر التي لها أبٌ لا تتزوّج إلّا بإذن أبيها

“A virgin woman who has a father must not marry without her father’s consent.”[28]

The freedom of virgin women in choosing a husband has only been restricted in this case to the permission of their fathers or grandfathers. Even so, this restriction is not only not harmful to the woman, it is primarily in her good interests. Because virgin women have not married before, they have no experience is this matter and cannot completely investigate their suitor due to their modesty. In this case, they need a compassionate, loving, and experienced advisor who can give them guidance. Hence, a father or grandfather is the best person for aiding the woman in this important and fateful issue.

Consultation with and permission of the father has an additional benefit. It is a type of respect towards the father, seeking his approval and cooperating with him. Doubtless, this will have a great part in improvement of family relations, the future life of the married couple, and the solving of potential problems.

However, it must be stated that there are two exceptions to this rule: First, when the woman’s father or grandfather is not available for obtaining permission. Second, when it is time for the woman to marry and she has a fitting suitor but her father brings undue excuses and refuses everyone. In these two cases, religious jurisprudents can give the woman permission to marry a desired and worthy suitor in lieu of her father’s permission.

4. Freedom in Seeking Knowledge

Unmarried women may freely endeavor to acquire knowledge and no one has the right to prevent them from learning. However, a married woman must observe the rights of her spouse and children and must confer with her husband on this issue in order to reach a consensus. The conditions surrounding this issue are similar to those of freedom in work. Of course, this refers to studying outside the home at educational facilities such as a university; studying at home in one’s leisure time is not detrimental to familial life.

5. Freedom in Residence Selection

Single women are at liberty to choose a home for themselves, though wedded women must adhere to their husband’s place of residence. Providing a house is up to men and it is their prerogative. Naturally, the home must be within the dignity of the family, consistent with the husband’s capital, and such that the peace and welfare of the family is assured. If they are living in a shared home (with other relatives) and the woman requests a private home, if it is in his power the man must acquiesce. In addition, if their house is small or if they are under pressure for some reason and the woman asks for a new residence the man must accept if he is able. These are examples of kind association [mu‘āshirat bi ma‘rūf] that God enjoins in the Quran:

...وَ عَاشِرُوهُنَّ بِالْمَعْرُوفِ ...

“And consort with your wives in kindness.”[29]

It is also stated in the Quran as follows:

...وَ لَا تُضَارُّوهُنَّ لِتُضَيِّقُوا عَلَيْهِنَّ ...

“And harass them not, so as to straiten life for them.”[30]

Even though choosing a home is the man’s prerogative, the woman may stipulate as an annex to the marriage contract that she select a dwelling place or request that she be given dwelling rights. If the man accepts the annex, he must abide by his wife’s desires in this matter and if he violates her request, he is a sinner.