Alhassanain(p) Network for Heritage and Islamic Thought

Chapter Four: Woman’s Social Status

Islam has given equal positions to man and woman in most social activities. Woman has responsibilities in all group social activities, except Jihad (the holy war) and only Jihad; women have duties in defense, preceding and following the stages of Jihad.

The Holy Qur’an says: (And as for the believing men and the believing women, they are guardians of each other; they enjoin good and forbid evil and keep up prayer and pay the poor-rate, and obey Allah and His Messenger. As for these, Allah will show Mercy to them; surely Allah is Mighty, Wise)46

As to these words of Allah, women have the great responsibility of guardianship as men do, so they enjoin to good and forbid from evil.

Woman’s social status is as vast as the concept of good and evil in Islam. Therefore, women can engage in all social activities that men do, including the most important social field that is politics and government.

That is why women were active in political scenes in the early Islamic era and had leading roles in government. Prophet Mohammad (a.s .) took an oath of allegiance with women, according to theQur’anic order, so that this half of the Islamic society becomes familiar with its socio-political responsibilities.

The Holy Qur’an states: (O Prophet! When believing women come to you, giving you a pledge that they will not associate aught with Allah and will not steal and will not commit fornication and will not kill their children and will not bring calumny with what they have forged of themselves and will not disobey you in what is good, accept their pledge and ask forgiveness for them from Allah, surely Allah is Forgiving, Merciful)47

This verse is about paying of allegiance with the newly-established Islamic government in the Prophet’s age, which happened on the Day of the Conquest of Mecca. After the men’s allegiance with the Prophet (a.s .), women came to him and asked to pay allegiance too. Then the mentionedQur’anic verse was revealed and it mentioned the qualifications for being the prophet’s allegiant, emphasizing women’s engagement in the political activities.

It is narrated that the Prophet (a.s .), on that day, took the women’s allegiance verbally. Women could also do so by putting their hands inside a bowl of water in which the Prophet (a.s .) had put his own hand. This way, the allegiance between individuals and the government was established. It is also narrated that the Prophet (a.s .) took women’s oath, shaking hands with their hands covered.48

It is narrated that on the day of al-Ghadir women paid allegiance to Imam Ali (a.s .) by putting their hands in the same bowl of water as his hand was.

Moreover, women participated in the great socio-political movement ofHijra and their immigration to Medina was accepted along with men’s. This is especially important at a time when women were deprived of most of their individual rights and could not engage in social issues.

The Holy Qur’an states: (O you who believe! When believing women come to you migrating,then examine them. Allah knows best their faith. Then if you find them tobe believing women, do not send them back to the unbelievers.)49

As it is mentioned in exegesis books, the examination of emigrant (Muhajir ) women was to ensure that their departure has not been due to family disputes. This was done by asking those women to swear that their emigration had not been because of disliking their husbands, tiredness of their city or other worldly problems.50

Women can participate in other social movements and have a leading role in them. TheAshura movement is the best sample of this kind of participation. In recent times, women’s role in Iran’s tobacco movement led the monarch government to accept the verdict of the great AyatollahShirazi . Contemporary women’s heroic role in the Islamic revolution of Iran is also clear.

Women can also take part in social positions. In fact, the only social positions in which women cannot participate are Imamate andprophethood . Of course, reaching the position of infallibility and guardianship (wilayah ), which are the essence ofprophethood and imamate, is possible for them; the great Lady Fatimaaz -Zahra (a.s .) had possessed this position. Women, however, have not been given the demandingprophethood or Imamate positions in the society because they are too difficult and very heavy tasks.

For the Islamic authority (marji’iyyah ), some do not consider masculinity as a prerequisite, provided a woman or some women have other qualifications.

In the future, after ImamMandi’s reappearance and international revolution, women shall have key social roles and some of them shall be disciples of the Imam (a.s ).

ImamBaqir (a.s ) stated: (By Allah, that three hundred and thirteen men will come to him (ImamMandi (a.s )) along with fifty women ...)51

This shows the women’s future social role, especially because the first group of ImamMandi’s disciples has deep understanding and faith. They are exceptional characters with especial intellectual and spiritual power.

AbuBasir narrated, “Once, I asked ImamSadiq (a.s ): ‘May I be sacrificed for you! Shall be there other believers besides ImamMandi’s disciples on that time?’ The Imam answered: ‘There shall be other believers too, but those who shall work with him after his revolution shall be elites, Islamic authorities, the knowledgeable, agents, and judges.”‘52

Preparation for the twelfth Imam’s era necessitates, at least for the waiting women, studying Islamic jurisprudence and knowing social management issues, to be able to participate in that great international revolution.

There are also various viewpoints concerning women’s judgment. Some Islamic jurisprudents do not permit woman’s being a judge, some others believe that this issue should be solved by consensus, and still other jurisprudents, both in the past and today, allow woman’s being a judge. Among the late jurisprudents, the late AyatollahMuqaddas Ardabili rejected the total abandonment of woman’s judgment.53 The argument of the opponents is not much grounded. Proving the consensus is also not easy. One of the arguments of the opponents is a tradition of ImamSadiq (a.s ) narrated by AbuKhadija who said, “Once, ImamSadiq (a.s ) sent me to theShia with this message: ‘Never go to corrupted judges in case of financial disputes! Identify a man among yourself who knowshalal (lawful) andharam (unlawful) so that I appoint him as your judge. Never refer to an oppressor judge.’“54

It is doubtless that (man) does not mean a male person; rather it means a person who has an insight in Islamic rules and traditions to differentiate between the lawful and the unlawful. The criterion here is not femininity or masculinity at all.

As it was mentioned in the preface, most of the statements containing masculine references or pronouns are in fact general addresses to all human beings. Such statements address men, because men’s roles were clearer and they were more at hand then. So, gender is not specified in these traditions and rules; they only reflect the conversational practices of the past.

It is also inferred from ImamSadiq’s tradition that he is denouncing the oppressive judges. Two points deserve being underlined in the mentioned tradition; that the judge should be a righteous and Muslim person, and that the judge should be conscious of the judgment issues. The emphasis of the tradition is after all on the judge’s practical and scientific qualifications and the avoidance of tyrant courts, and not on the gender of the judge.

In sum, anyone who has the necessary qualifications of knowledge, piety, preciseness, and the power of decision-making away from passions and desires can be a judge. Therefore, woman’s judgment does not add an especial condition to the general judgment issue.

Another tradition is used as an argument against woman’s judgment. Sheikh al-Hurr al-Aamili has written a chapter in hisWasa’il Al-Shi’a with only this tradition that the Prophet (a.s .) in his will had told Imam Ali (a.s ): “The Friday Prayer is not required from women and they are not to be entrusted with judgment.”55

The former part of this tradition is not followed and the Friday Prayer is considered true for both man and woman. It seems unjust to accept one part of the tradition and reject the other part, so the argument by this tradition is completely wrong.

The matter of woman’s judgment, in sum, requires more scholarly scrutinizing. Of course, some contemporary jurisprudents have researched about this and approved woman’s judgment.

It should be pointed out that judgment is one of the difficult jobs. The courts with criminals, wrongdoers, claimants, and complainants on the one hand, and the conscience’s concern about knowing the very fact, fair verdict, and the hereafter account on the other hand, are truly distressing. Therefore, judgment is a demanding work. Many strict Islamic teachings have been mentioned in this regard that prevent most of the learned from entering the judgment profession. One of these traditions comes here as an instance:

ImamSadiq says, “Judges are four groups (kinds); three groups go to the Hell and only one to the Paradise. One, who judges unjustly and knows that his judgment is unjust, goes to the Fire, one, who judges unjustly but does not know that his judgment is unjust, goes to the Fire, and one, who judges justly but does not know that his judgment is just, goes to the Fire. One, who judges justly and with knowledge, goes to the Paradise.”56

In some traditions, judgment is considered the job of the prophets (a.s .) and the Imams (a.s .). Imam Ali (a.s .) considers judgment as difficult as the ruling over the society.

One day, some children brought their writings to Imam Ali (a.s .) to choose the best one. Imam Ali (a.s .) said: “Surely, it is a kind of judgment; oppression in this judgment is like oppression in the rule.”57

Considering the difficulties of the judgment profession, is the removing of this burden from a certain group or class a service and consideration or it is a disservice and ignoring of their personality? It seems that detesting the burdensome judgment responsibility for woman, if it is proved at all, indicates a great service to woman, just as eliminating other hard jobs such as Jihad. Another consideration is that woman’s delicate sensations might spoil just judgment.

However, this is only the author’s view and the arguments against woman’s judgment are not much grounded.

Two aspects of woman’s social activities are briefly mentioned here for their importance:

a. Cultural and scientific activities: One of the most supported issues in Islam is the scientific and educational growth throughout the society; without the slightest differences among people or classes. TheQur’anic verses are quite clear in this regard. The traditions necessitate cognitive growth too, to an extent that the religion is defined as reason.

Imam Ali (a.s .) says, “Reason is one’s inner religious laws, and the religious laws is his outer reason.”58

Prophet Muhammad’s statement, which is narrated and accepted by the different Muslim sects, is very famous in this regard. The Prophet (a.s .) says, “Seeking knowledge is obligatory on every Muslim man and Muslim woman.”59

In some versions of this tradition, the phrase ‘Muslim woman’ is not narrated. Scholars say that ‘Muslim man’ is a general noun including both man and woman. This view is undoubtedly true.

For many kinds of education such as learning Islamic fundamentals, woman does not even need her husband’s permission, just as other obligatory deeds for which the dissent of the husband is not important.

That is why after the dominance of Islam and the eradication of the obstacles of learning, everyone, especially women, started acquiring knowledge. Not long afterwards, some learned religious scholars among women were well-educated and they reached high scientific ranks. A story about one of Muslim learned women deserves to be mentioned here.

Burayrah was one of the women of the early Islamic era. One day, her husband came to the Prophet (a.s .), complaining that she had left home and gone away. Prophet Muhammad (a.s .) calledBurayrah and asked her to go back to her husband’s house.Burayrah said, “Are you ordering me?” The Prophet (a.s .) answered, “No! There is no obligation, but I am the mediator.”60

The conversation between the Prophet (a.s .) and that woman shows that she had reached a religious cognition to differentiate the criteria of the Islamic rules. She analyzed the speech of the Messenger of Allah (a.s .) and asked if he gave an order as the Islamic jurisprudent or only an advice to her. The Messenger of Allah (a.s .) in return confirmed her view and said, “I am the mediator.” The conversation in this tradition is widely used by the jurisprudents and scholars ofUsool when discussing whether an order without necessary evidence is an obligation or not.

Anyway, this one and other traditions indicate that once pagan women, who were worlds apart from culture and knowledge, got very enlightened after the advent of Islam.

Such women are numerous throughout Islamic history up to the present day. It is highly expected from Muslim intellectual women to review the history and record the accounts of enlightened women to be presented to the new generations. Some books have been surely written on the life of great Muslim women; however, not enough eloquent works, especially by scholar women, have been produced.

b. Economic activities: Women have the right to participate in economic and commercial fields, exactly as men do. In Europe, women were given the right of commercial activities only after centuries, not for their own sake, but for the capitalism purposes. “... The industrial revolution industrialized woman too...Women were cheaper workers, thus the employers preferred them to tough high-wage men The first law for freedom of our mothers was the 1882 law. According to this law, British women got extraordinary privileges. They could keep their wages for themselves. Factory owners in the House of Commons ratified this law to absorb women to their factories ...”61

Centuries before Europe’s giving privilege to women, Islam had granted rights to Muslim women, not for materialistic but for humane purposes. Islam permits women to work outside home and possess their own salary. Women can make a will and inherit from others. They can make any economic attempt, invest, and establish farms and factories. These issues are derived from the Islamic teachings and explicitly defined in our Islamic law (Fiqh ).

Chapter Six: Violence against Woman

In Islamic teachings, all kinds of violence against all people have been banned. Gentleness, however, has been emphasized in social relations. The Holy Prophet (a.s .) said: “Nothing is more beloved to Allah and his Messenger than faith and gentleness with people. And nothing is more hateful to Allah and His Messenger than polytheism and violence against people.”62

The subject of violence is sometimes misused and misinterpreted. To understand the concept of violence truly, it should be born in mind that the Islamic reprisal of the criminals, Jihad with the unfaithful, and using war instruments against violators of human rights are vital issues recommended to Muslims throughout the Qur’an. Reprisal is sometimes a vital tool, because violators and oppressors do any oppression, kill and torture cruelly for their interests, and use the highest levels of violence.

Before such people, non-violence has an inhumane meaning. It is in fact like gentleness to a rapacious leopard. The behavior of the holy Qur’an toward these violent individuals is for the interest of humanity:

(Whoever then acts aggressively against you,inflict injury on him according to the injury he has inflicted on you, and be careful of your duty to Allah and know that Allah is with those who guard against evil.)63

The only way for facing these human-like savages is violence and not logic. Some simple-minded proponents of western liberal-democratic school think that the oppressors can be confronted with logic and ethics, without any violence. All the past and present realities and instances nullify this false imagination. This is also rejected in the overall history of the prophets.

The Prophet of Islam, who is (Mercy for the worlds) and whose motto is “I have been sent (as prophet) for completing the nobilities of character” went to 83 wars. He battled even with inner opponents and had a decisive behavior with Muslims who did not accept some Islamic rules. This statement of the Prophet (a.s .) manifests the true way for Muslims:

“Goodness, all the goodness is maintained by (the force of) the sword. People are directed to goodness only by the sword. And the swords are keys to the Paradise and the Hell.”64

The same tradition65 is also narrated from ImamBaqir (a.s .), the fifth infallible Imam.

Prophet Muhammad (a.s .), the great leader of humanity and the best teacher of ethics and divine principles, thinks that all the goodness is materialized by the power of the swords. He considers the instruments of power as the only way for gaining peaceful and humane goals. The Prophet (a.s .) knows that the cruel and voracious people do not leave murder, crime, oppression, and disloyalty and do not accept righteousness except by the force of the sword. In the present era, we see clear instances of these criminals who oppress the third world nations. They oppress the nations concerning oil price. They suppress national movements. Food and drug companies use their power to force and dominate nations. They spread viruses so that their products be sold, making the vital foods and drugs the most violent instruments for reaching their goal. The weapon producers start wars among innocent people to sell their products, beside many other inhumane methods. After this much violence that is unprecedented in history, they now speak of non-violence. They suggest logical and humane behavior toward oppression to make the youth away from the principles of Jihad, martyrdom, and sacrifice. They want to abolish revolutionary bases and pave the way for inhumane rulers.

As was mentioned, according to the Prophet (a.s .), violence is the worst thing and it is equal to polytheism. Of course, this prohibited violence is the one against Allah’s servants; these Allah’sservants means trustworthy, faithful, and responsible people, not the oppressive criminals. So, one should be aware of propagandas and be careful of usage and aim of apparently beautiful words.

Surely, Islam has condemned violence and aggression. Even the annoying of any living being is forbidden in Islam. ImamSadiq (a.s ) said: “By Allah, the pious are prosperous. Do you know them?Those who do not annoy a very small ant that is hardly seen.” 66

Furthermore, any kind of trivial annoyance that makes others unhappy is considered a devilish doing in Islam. The Prophet of Islam (a.s .) said, “One, who annoys a faithful, annoys me and one, who annoys me, annoys the Almighty Allah. One, who annoys Allah, is cursed in the Torah, the Bible, theZabur (the Psalms), and the Qur’an.”67

ImamSadiq (a.s ) stated, “The Almighty says: Let him, who harmsMy faithful servant, expect a war from Me.”68

Insulting and disrespecting others is also forbidden in Islam. The Prophet (a.s .) said, “The meanest of people is he who insults people.”69

Scaring and distressing others is considered away from true belief, as the Holy Prophet (a.s .) stated, “One, who distresses a faithful and then he gives him all the world, shall not ransom himself by that nor shall he be rewarded for it.”70

Finally, any kind of unpleasant and unkind behavior is not acceptable. The Prophet of Islam (a.s .) said, “Whoever pushes a faithful to demean him by it, slaps him on the face, or does something to him that he hates, the angels curse him until he shall satisfy him (the faithful) against himself, repent, and ask Allah to forgive him.”71

It was mentioned that a faithful means a faithful man and a faithful woman, who are both included in all these rulings. These rulings have been given more importance in family relationships.

What was stated is the general Islamic teaching. TheQur’anic verses and traditions of the Prophet’s household (a.s ), however, emphasize the avoiding of violence more deeply about woman (This issue will be discussed in details in the last chapter).

The Holy Qur’an states: and treat them kindly ...)72

Even in talking about the divorcing of woman, the Holy Qur’an stresseskindtreatment : (And when you divorce women and they reach their prescribed term, then either retain them in kindness or release them in kindness, and do not retain them for injury, so that you exceed the limits, and whoever does this, he indeed is unjust to his own soul; and do not take Allah’s communications for a mockery ...)73

Divorce and separation often go with harms, hatred, and unwanted reactions. The Qur’an prevents these issues, saying that if a man wants to divorce his wife, he should not annoy or harm her or behave violently toward her, observing the principle of ‘kindness’.

Therefore, even in quarrels, the principle of ‘kindness’ should be observed in dealing with women.

In anotherQur’anic verse about the breastfeeding period, the principle of ‘kindness’ and the providing of mothers’ needs are emphasized:

(... and their maintenance and their clothing must be borne by the father of the child according to usage ...)74

The criteria for providing the mother’s needs should be “kindness”; not the necessary amount, but more than that. Considering the Qur’an’s emphasis on the “kindness” criteria in treating women, the concept of ‘kindness’ should be studied carefully to see if it is the same as the legal criteria or something more than justice and law.

The concept of “kindness”, which defines the social verdict of ‘enjoining good’ (al-Amr bil Ma’ruf ) in the Islamic teachings, has a deeper meaning than the mere lawfulness and justice. It includes the legal and just rights, plus ethical and humane ones. Such a humane behavior deserves human high values. So treating woman legally or justly is treating her in a way determined by the law, but treating woman with “kindness” means treating her beyond her (only) legal rights; treating her also as ethics and Islamic values determine. In other words, it means observing the obligatory deeds and the recommended deeds as well.

In the bookMajma ’ al-Bahrayn , we read: “‘kindness’ is a general term for anything that is Allah’s obedience, His pleasure, doing good to people, and any action that is considered good by theSharia (laws) or logic ...”75

Aminul IslamTabarsi says, “Behaving with ‘kindness’ is the behaving according to Allah’s commands, observing woman’s rights, satisfying her needs, and having good temper and good behavior with her. It is also said that ‘kindness’ means not to beat woman, not to speak badly with her, but to speak with good humor ...”76

Attention should be paid that in addition to observing the right and justice, kind and humorous behavior and following ethical criteria are considered as ‘kind treatment’. It should also be borne in mind that the “kindness” mentioned in theQur’anic verses refers to a general rule, rather than an exception or specified situation. In other words, it cannot be said that women should be dealt with kindly in some specific situations and not in others. Such a meaning is in full contrast with the verses containing the principle of ‘kindness’ . Therefore, this principle is the general Islamic rule in dealing with woman. The peak of forgiveness toward women is stated in thisQur’anic verse:

(... Then if you hate them (wives) it may be that you dislike a thing while Allah has pledged abundant good in it ...)77

Aminul IslamTabarsi says, “... There is abundant good in keeping wives who are not much beloved... and this verse encourages the husbands, who do not like their wives, to have patience and not to divorce them. This patience is encouraged as far as there is no harm to one’s life, religion, or property ...”78

This is recommended to men who have ethical, behavioral, or other problems with their wives and who rush to divorce them, not behaving patiently or ignoring some of their desires.

The Holy Qur’an has also warned seriously against the annoying of women:

(And those who speak evil things of the believing men and the believing women without their having earned it, they are guilty indeed of a false accusation and a manifest sin.)79

This verse follows another one that mentions the annoying of Allah and His Messenger (a.s .), thus the immorality of the annoying of believing women becomes more manifest. These were examples of verses that explicitly prohibited any violence against women.

The same concept has been mentioned in traditions too. ImamBaqir (a.s ) has quoted from the Prophet (a.s .): “Does one of you beat his wife and then he still wants to embrace her?!”80

Considering these discussions, it may be asked that why the Holy Qur’an has mentioned the beating of women in this holy verse: (And as to those on whose part you fear desertion, admonish them, and leave them alone in the sleeping places, and beat them. Then if they obey you, do not seek a way against them.)81

Islam has obliged woman to obey her husband in marital issues as a right of the husband. The importance of such needs and fulfilling them is certain. If conjugal needs are not responded to, the disobedient wife may face violence from the husband, since man is naturally more powerful. The Holy Qur’an in this case has limited such violent behavior, setting specific stages for the husband to enforce his wife to obey him and fulfill his desires. (Slightly) Beating a wife is only allowed in case of her disobedience of matrimonial concerns. The amount and quality of this beating is determined in traditions andQur’anic exegesis. It is defined as a gentle beating that leaves no scar.82 To avoid any kind of extreme violence in this regard, ImamSadiq (a.s ) has defined this beating as: “It is the beating with a toothbrush.”83

This beating in fact declares an ethical opposition, not physical punishment. It should also be kept in mind that the beatingitself follows two ethical and educational stages, as specified in the sameQur’anic verse: (... admonish them leave them alone in the sleeping places.)

To avoid going to extremes in leaving a disobedient wife alone, such as long-time leaving, sleeping in another room, or leaving the house, it is being determined as its least amount. ImamBaqir (a.s ) said, “The verse means sleeping with his back toward the woman.”84

Even in leaving women in their sleeping places, any kind of mistreatment is forbidden. So if women abandon the most necessary and primary relations with their husbands, they first face an ethical, then an educational reaction, and later a punitive one, in the same way as determined by ImamSadiq (a.s .) and not more than that.

Some jurisprudents believe that woman’s obedience to her husband is only obligatory in case of the ordinary matrimonial relationship. Even if some other kinds of pleasures are lawful in Islam, women are not forced to obey their husbands in them. As her obedience is not compulsory in all desires of the husband, disobedience of them is not regarded as ‘desertion’.85

‘Obedience’ and ‘desertion’, which are set principles in matrimonial issues, should not accompany violence and harm. They are in fact assessed with ‘ladharar ’ (no harm) principle, i.e. obedience of woman to man’s request should not cause any harm to woman in any way. ImamSadiq (a.s ) was asked about Allah’s saying in the verse (Neither shall a mother be made to suffer harm on account of her child, nor a father on account of his child),86 and he answered: ‘Some breastfeeding women deserted their husbands’ desires so Allah prohibited man to harm his wife and woman to harm her husband.’87

Even if this specific tradition had not been narrated about ‘not to harm woman’, the general ‘Ladharar ’ (no harm) rule involves any kind of harm. According to this rule, any kind of harm in social, family, and individual relations is banned.