Lesson Two: Woman’s Rights
When we talked about the woman’s value in Islam, we mentioned that the human type is the one which is designed to carry the divine authority and the one who can cover the levels of perfection. This applies to both the man and the woman.
This does not mean that there is no difference between the man and the woman; they, however, differ in the physiological and psychological capabilities. Yet, this difference is not linked to the aspect of deficiency or perfection; it is, however, a matter of equivalence and adequateness. The law of creation aims from this difference at the establishment of a higher adequateness between the man and the woman who are meant for a common life. The bachelorhood life is but a deviation from the law of creation. This concept will be more clarified later on when the forms of difference are going to be analyzed.
The Forms of Difference
Looking for the difference between the man and the woman is not a recent issue. In fact, it goes back in history to more than 2400 years. Plato insisted on the presence of a qualitative difference between the man and the woman. Also, his student Aristotle assured the presence of difference in his saying, “The quality of the woman’s capabilities differs from that of the man. Moreover, the duties and responsibilities which are imposed by the law of creation on each of them differ. And the various rights which the law of creation demands for each one of them differ.” The scholars and the philosophers who succeeded Aristotle gave his theories preference to those of Plato.
As regards our present age with its scientific progress, the difference between the man and the woman has turned to be specific and clear as a result of the reliance on observation, experience, statistics, and field study.
Here we mention the differences which we have collected from what the researchers have said.
From the Physiological Aspect
1- The
man
in
general
is
characterized
by
a
huge
body
whereas
the
woman
is
not
so.
2- The
man
is
coarser
while
the
woman
is
softer. The
man’
s
voice
is
huger
and
coarser
while
that
of
the
woman
is
kinder
and
softer.
3- The
woman
grows
up
faster
than
the
man
does, but
the
muscular
growth
of
the
man
is
more
than
that
of
the
growth
of
the
woman’
s
muscles
and
body.
4- The
woman
reaches
the
sexual
maturity
faster
than
the
man
does. In
addition, the
woman
turns
to
be
unable
to
bring
children(
i. e. barren)
faster than
the
man
does.
5- The
child
girl
starts
to
talk
faster
than
the
child
boy
starts
to.
7- The
man’
s
lung
has
a
greater
capacity
for
air
than
the
woman’
s
lung
has.
8- The
beats
of
the
woman’
s
heart
are
faster
than
those
of
the
man’
s
heart.
From the Psychological Aspect
1- The
man
inclines
to
the
sports
and
hunting
and
motive
actions
than
the
woman
does.
2- The
man’
s
feelings
are
opposing
and
military
whereas
the
woman’
s
feelings
are
peaceful. The
woman
keeps
from
using
violence
towards
the
others
and
towards
her
own
self; as
a
result, the
percentage
of
the
women’
s
suicide
declines. Men’
s
suicide
is
much
uglier
since
they
commit
suicide
by
means
of
shooting
themselves
or
jumping
from
a
very
high
place. On
the
other
hand, the
women
commit
suicide
by
means
of
taking
in
sleeping
pills
or
narcotic
materials.
3- The
woman
is
more
passive
than
the
man
is
i. e. she
gets
under
the
influence
of
her
feelings
more
than
the
man
does.
4- The
woman, on
the
contrary
of
the
man, is
greatly
interested
in
beauty, adornment, and
the
different
fashion
styles.
5
-The
woman
is
more
cautious, fearful, and
eloquent
than
the
man
is.
6- The
woman’
s
emotions
are
motherly, and
this
appears
since
childhood. Moreover, the
woman
is
more
related
to
the
family, and
she
unconsciously
notices
the
importance
of
the
milieu
of
the
family
before
the
man
does.
7
- In
general, the
woman
does
not
reach
the
level
which
the
man
reaches
with
respect
to
the
evidential
sciences
and
the
dry
mental
issues. Yet, she
is
equal
to
him
with
respect
to
the
fields
of
literature, art, and
all
the
issues
which
are
related
to
taste
and
affection.
8- The
man
is
more
capable
of
keeping
a
secret
and
of
keeping
the
disturbing
news
for
himself. As
a
result, he
is
more
fast
afflicted
with
the
illness
resulted
from
keeping
the
secrets.
From the Aspect of the Exchanged Emotions
The man aims at accompanying the woman and at putting her at his command whereas the woman aims at winning the man’s heart and at dominating him through his heart. He, therefore, wants to control her from above while she wants to penetrate into his heart. The woman looks for courage and manliness in the man; on the other hand, the man looks for beauty and affection in the woman.
How To Examine the Rights?
There are two points that must be taken in consideration when we examine the woman’s rights. They are:
1-Adequateness Not Equality
On the basis of the already mentioned differences between the man and the woman, it is noticed that what adequates to the woman may not adequate to the man, and vice versa. From here, it is not required that we apply the situation of the woman on that of the man or the situation of the man on that of the woman. What is required is to specify each one of them with what adequates to him/
her physiological and psychological characteristics. Adequateness, therefore, and not equality between the man and the woman is what is required.
2-The Comprehensive View of the Rules
The fragmental view may be a major cause for not comprehending the Islamic legislation, for Islam is characterized by the comprehensive legislation. If we want to consider a certain issue, we must consider it within the frame of the whole system of the doctrine and not alone regardless of everything else related to it. Therefore, when we examine these rights about which the questions are raised, we must consider them with respect to the issues related to them.
On the basis of these two points, we move to shed light on some terms that are brought up concerning the woman’s rights.
Polygamy
It is doubtless that polygamy is permitted in Islam. The Most High God says, (And if you fear that you shall not be able to deal justly with the orphan girls, then marry women of your choice, two or three, or four but if you fear that you shall not be able to deal justly ]with them], then only one or ]the captives and the slaves] that your right hands possess. That is nearer to prevent you from doing injustice)
In addition to this, there is a long chronicle about the Muslims who performed polygamy without The Prophet(God’s prayers and peace bestowed upon him and his Household)
or the Imams(God’s peace bestowed upon them)
objecting to that. Even more, The Prophet(God’s prayers and peace bestowed upon him and his Household)
and the Imams(God’s peace bestowed upon them)
used, in certain conditions, to suffice with one wife but used, in other conditions, to get married to more than one woman. Therefore, doubting Islam’s opinion about polygamy is just an unreasonable contention that has no evidence to support it.
The question set forth in this issue is not related to Islam’s opinion as we have just mentioned; it is related to the wisdom of the permissibility of polygamy. Why did Islam enact such an issue?
It is necessary that polygamy remain permissible in order to effectuate justice among the women on one hand and in order to solve the social problems that may become serious on another hand. This is so because there is a problem that has two faces:
1- The
percentage
of
women
is
more
than
that
of
men. This
is
so
because
death
attacks
men
much
more
than
it
attacks
women, especially
in
youthhood
as
a
result
of
wars
which
men
usually
confront
and
as
a
result
of
going
out
for
work, in
addition
to
the
other
risks
to
which
the
man
is
exposed
more
than
the
woman
is.
2- Every
woman
has
the
right
to
establish
a
family
on
a
religious
and
legal
basis. The
woman
has
the
right
to
build
her
own
family. Had
the
men’
s
number
been
equal
to
the
women’
s
number, we
would
have
been
able
to
say
that
this
right
of
the
woman
is
reserved
even
without
polygamy. Yet
we
know, by
means
of
the
scientific
statistics, that
the
just
opposite
is
true. The
number
of
the
women
is
much
more
than
that
of
men, so
preventing
polygamy
will
necessarily
mean
closing
the
door
before
many
women
and
depriving
them
of
their
right
to
establish
their
families. Therefore, calling
for
the
prevention
of
polygamy
is
a
sort
of
individual
selfishness
that
the
married
woman
falls
in
on
the
account
of
the
other
women
who
will
not
be
able
to
get
married.
The doctrine, on the basis of its balanced look that aims at achieving justice at least on the level of providing all the women with the opportunity to get married, leaves this door open.
The Man’s Superintendence over the Woman
The Most High God says in His Glorious Book, (Men are the protectors and maintainers of women, because Allah has made one of them to excel the other, and because they spend from their means…)
The man’s superintendence over the woman is based on two supports:
1-…)
because
Allah
has
made
one
of
them
to
excel
the
other…)
This
preference
is
not
one
of
spiritual
value
but
one
of
practical
merit
by
which
the
man
is
distinguished
and
which
makes
him
eligible
for
superintendence. This
is
related
to
the
traits
by
which
the
man
is
characterized
and
those
by
which
the
woman
is
characterized. The
woman, on
the
contrary
of
the
man, is
usually
passive
due
to
the
agitated
affection
she
has.
2-…)
and
because
they
spend
from
their
means…)
The
expense
on
the
house
is
the
duty
of
the
man
and
not
that
of
the
woman. It
is
natural
that
the
one
who
carries
the
responsibility
of
expense
on
any
enterprise
is
more
entitled
to
superintend
it.
Inheritance
The Most High God says in His Noble Book, (There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large - a legal share).
Why is there such a difference between them as regards the inheritance?
The cause of this difference is manifested through the consideration of two points:
1- The
man
is
responsible
for
spending
on
the
family
and
providing
for
its
materialistic
needs; on
the
other
hand, the
woman
is
not
responsible
for
that. Even
more, it
is
the
responsibility
of
the
man, whether
being
a
father
or
a
husband, to
provide
for
the
woman’
s
personal
needs. Moreover, The
Most
High
God
2
- The
man
is
the
one
who
pays
the
dowry
to
the
woman
in
the
marriage
contract. This, in
turn, supports
the
presence
of
privileges
in
the
distribution
of
finances, so
that
there
will
be
harmony
between
the
incomes
and
the
expenses.
A great percentage of what the man inherits will go back to the woman as a daughter or a wife whom he has to spend on. On the other hand, the money which the woman inherits remains completely for her with nobody having the right to share it with her.
Therefore, when we consider the inheritance as one of the financial incomes, we must consider it with respect to the system of incomes and expenses in the Islamic law, so that a kind of equivalence between them will be procured.
Summary
There are differences between the man and the woman with respect to the physiological and psychological capabilities. Yet this difference is not linked to the aspect of deficiency or perfection; it is, however, a matter of equivalence and adequateness. The law of creation aims from this difference at the establishment of a higher adequateness between the man and the woman who are meant for a common life.
Looking for the difference between the man and the woman is not a recent issue; in fact, it goes back in history to more than 2400 years.
The fragmental view may be a major cause for not comprehending the Islamic legislation, for Islam is characterized by the comprehensive legislation. We must consider the issue of the man and the woman within the frame of the whole doctrine and not alone regardless of everything else related to it.
Preferring the man to the woman in the Saying of The Most High God (… because Allah has made one of them to excel the other…)
There is a distinguishing feature concerning the inheritance of the children i. e. they do not inherit equal portions, for the male receives double what the female receives. This difference has many causes, among which is the following: the man is responsible for spending on the family and for providing for its materialistic needs whereas the woman is not responsible for this. A great percentage of what the man inherits will go back to the woman as a daughter or a wife whom he has to spend on. On the other hand, the money which the woman inherits remains completely for her with nobody having the right to share it with her.
Comprehension Questions
1- Mention
some
physiological
differences
between
the
man
and
the
woman.
2- Mention
some
psychological
differences
between
the
man
and
the
woman.
3- What
is
the
wisdom
implied
in
the
permissibility
of
polygamy?
4- Why
does
the
male
inherit
double
what
the
female
inherits?
5- What
is
meant
by
the
following
noble
verse: (…
because
Allah
has
made
one
of
them
to
excel
the
other…
)?
For Reading
Om Kolthoum
Sayyda Om Kolthoum is the daughter of Imam Ali ibn Abi Taleb(God’s peace bestowed upon him)
and Sayyda Fatima Al-Zahraa(God’s peace bestowed upon her)
. She is a woman who struggled for God’s sake by means of words and deeds. She is next to Sayyda Zeinab(God’s peace bestowed upon her)
in age and honor, and she is her partner in carrying the burden which Sayyda Zeinab(God’s peace bestowed upon her)
carried after the martyrdom of Imam Al-Houssein(God’s peace bestowed upon him)
in Karbalaa.
Sayyda Om Kolthoum entered Al-Koufa during the regime of her father The Prince of the Believers(God’s peace bestowed upon him)
after he had declared it as a capital for his state. She lived in his modest house and learnt on him the loftiest morals.
Yet when she entered Al-Koufa for the second time, she entered it as a captive with the captives of Karbalaa. She entered it with the heads of her brother Imam Al-Houssein(God’s peace bestowed upon him)
and the martyrs raised over the spears and with the people watching them. She was greatly affected with what she saw, with the people’s pity on them, and with the people’s offering of bread and date for the children. She used to take away the alms from the children’s mouths and hands while saying, “O, People of Al-Koufa, giving alms to us is ]religiously] forbidden.”
Then, she addressed them with a speech from which we mention the following:“O, People of Al-Koufa! Shame on you. What is the matter with you? You disappointed Al-Houssein and killed him. You robbed his money and inherited him. And you took his women as captives and distressed him. Woe to you and away with you! Do you know what an evil you did? . .”
Her speeches, along the path of captivity, uncovered the evil policies which were conspiring against Islam and its prominent characters. Moreover, she spread among the people a poetry in which she aroused the emotions, so that the nation would wake up from its slumber to face the oppression of the Omawwyeet. From that poetry is the following:
We are the lost with no guardian
And we are lamenting on our brother
We are riding on mounts
Carried on the camels of the detesters
We are the daughters of Ya’seen* and Ta’ha*
And we are weeping on our father
Oh our grandfather! They killed Houssein
And did not consider God in us
Oh our grandfather! Our enemies attained
Their wishes and avenged themselves from us.
This is Om Kolthoum, the woman who teaches the women how to struggle for God’s sake by means of the word and the attitude.
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Author: Al-Maaref Islamic Cultural Association
