Gender equality in Islam

Gender Equality in Islam

Shagufta Omar

In Charge Dawah Centre for Women, Dawah

Academy IIUI

General Secretary Women Aid Trust Pakistan

President Pakistan Chapter, International Muslim

Women Union (IMWU)

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Woman in Major World Religions

Women in the Christianity

Women in Judaism

Women in Hinduism

Women in Buddhism

Women in Islam

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Women in various Civilizations

Greek civilization

Roman Civilization

Chinese Civilization

Arabian Civilization

Western Civilization


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Emancipation of Women by Islam

Islam absolved woman of the blame for

the original sin (Al Baqara 2: 3, Al-Araf

7:19-27, Taha 20: 15-122)

Conferred to her social, economic and

political rights as a human being

Reinforced her womanhood by providing

respect as daughter, sister, wife and

mother.


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Rights of Women in Islam

Right to life

Right of protection of honor, love and respect

To be brought up on equal grounds

Right to education/acquisition of knowledge

Right of economic provisions (maintenance) by father/brother/uncles

To earn a livelihood (job or entrepreneur) 2/12/2014 Shagufta Omar

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Rights of Women in Islam (Cont’d.)

Right to worship

Ownership of property

Right of inheritance of property

Freedom of expression/speech

Right to vote (basic political right)

To hold any public or political office

To participate in any social activity (imparting education, helping in crisis

situations, performing charitable acts)


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Rights of Women in Islam (Cont’d.)

Facilitation in marriage

To have consent in marriage

Right of dower

Right of maintenance by husband

Right to separation (Khula, dissolution

through court)

Right of child custody in case of separation

Right to remarry


Few Exceptions Provided to

Women Economic provisions for herself or the

family

Prayers in congregation

Friday Prayers

Funeral Prayers

Jehad/Fighting (In the battle field)

Providing evidence in criminal cases

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Gender Approach in Islam

Equality of status

Creation of both genders from Nafs e Wahida

(Al.Nisa 4 : 1, Al Airaf 7: 189, Az Zumur 39:6)

Superiority not on the basis of physical or psychological capabilities rather on performance on the conception of ethical vs unethical

(AL-Hujrat 4:13, Al Ahzab 33: 35, Ale Imran 3:195 and others)


Gender Approach in Islam(cont’d.)

Equal social rights

(Al Baqara 2:187,228, Al.Nisa 4 : 1)

Equality of legal status (rights & liabilities)

(Al.Baqara 2 :178, Al Nur 24:2)

Equality of morals (Commands and Accountability)

(Al.Nisa 4 : 124, Al-e-Imran 3:195,Al Tauba 9:71,72, An Nahal 16:97, Al Ahzab 33 :35, Al Momin 40:40)


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Gender Approach in Islam (cont’d.)

As an Individual / Person

Equality of status (moral and legal)

Freedom of action

Equality of basic rights

Equal implication of Allah’s orders

Equal accountability

Equality of reward

As a member of an institution (Family)


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Institution of Family in Islam

Basic and most important component of society

Sacred yet not indissoluble

Demarcation of responsibilities for efficient management of family institution/Role differentiation

Husband identified as head of the family

Wife identified as sovereign, guardian and centre of the family, as co-equal of her husband


Husband Identified as Head of

the Family

Men are Qawwam (protectors and

maintainers) of women, because Allah

has given the one more strength than

the other, and because they support

them from their means (Al-Nisa 4:34)


Wife Identified as Sovereign, Guardian and Centre of the Family, as Co-Equal of her Husband

All of you are guardians and responsible

for your wards and the things under your care…….a man is guardian of his family and is responsible for them. A woman is guardian of her husband’s home and the children and is responsible for them. All of you are guardians and all of you are responsible for your wards. (Sahih Bukhari)


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Superiority of Husband

in the Family

Not personal rather functional and

administrative

Not to curb woman’s advancement

Not to affect freedom of action on the part

of woman

Does not have absolute binding

Does not imply or suggest constant

servility/ servitude on the part of women


Husband’s Responsibilities

As an individual worshiping and obeying his creator

Observing chastity

Primary responsibility of Earning a living for

Himself

Wife

Children

Parents

Other dependants

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Husband’s Responsibilities (Cont’d.)

Responsibilities towards wife

Providing companionship, love and respect

Meher

Kifalat (food, clothing, shelter, medical, recreation)

Education and tarbiyah

Helping in performance of her dual responsibilities



Responsibilities towards household

Building or renting, furnishing

Maintenance/repairs

Economic provisions for related

expenditures

Purchasing/shopping

Helping family members in house

chores



Responsibilities towards children Kifalat (food, clothing, shelter, medical, recreation)

Helping in upbringing

Education and tarbiyah, character building and

grooming

Providing love, affection and respect to both genders

Providing healthy recreation

Preparing for eternal life

Kin role, taking care of family relations

Withstand the challenges posed to family unit

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Responsibilities of a Wife As an individual worshiping and obeying

her creator

Observing chastity

Conjugal role

Providing companionship, love and

respect

Obeying husband (Administrative

requirement of an institution)


Responsibilities of a Wife (Cont’d.)

Parental role

Procreation role

Lactation (maximum 2 years)

Upbringing

Education, character building and grooming

Providing love and affection to both genders

Providing healthy recreation

Preparing for eternal life


Responsibilities of a Wife (Cont’d.)

Domestic role

Management in the areas of finances, food

and nutrition, clothing, nursing, servants, kids

and home

Kin role, taking care of family relations

Professionally or Intellectually active social life

(Job, business, dawah or social work)

Withstand the challenges posed to family unit


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Constitutional and Legal provisions

for Gender Equality in Pakistan

Article 25 (2)

Equality of status with no discrimination on

the basis of sex alone

Article 9 protects every individuals right to

life and liberty

Article 14 provides basic right of protection

of dignity


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Constitutional and Legal provisions

for gender equality in Pakistan

Article 18, 23 and 27 protect her right of

owning property, doing lawful business,

acquiring job in any field

Article 34 (affirmative action)

Article 35 provides protection to the

marriage, the family, the unity of the family

Article 16, 17 and 19 secure her

participation in political activities


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Role of Women, Western and Our

Mindset

Absolute freedom vs. submission to God

Secularism vs. religion as identity

Maximum independence vs. dependence and

interdependence

Materialism and commercialism vs. spiritualism

Gender equality vs. proper gender approach

Institutionalized problem solving approach vs.

individual specific human dev. approach


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Western Concept of

Gender Equality

Equal status

Equal rights

Equal obligations

Sameness of attitudes, behavior patterns and actions towards both sexes

Negation of any roles stereotype

Sameness of role distribution

Economic productivity/contribution of women


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CEDAW: International Charter of

Women Rights

Convention on all forms of discrimination against

women (UN. 1979)

Pakistan's accession in 1996, with reservation

Definition of discrimination (article 2)

Elimination of stereotypes (article 5)

Required changes in laws

Required changes in constitutions

Establishment of International court


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Definition of Discrimination

(Article 2)

The Convention defines discrimination against

women as "...any distinction, exclusion or

restriction made on the basis of sex which has

the effect or purpose of impairing or nullifying

the recognition, enjoyment or exercise by

women, irrespective of their marital status, on a

basis of equality of men and women, of human

rights and fundamental freedoms in the political,

economic, social, cultural, civil or any other

field."


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Implications on Signatory States

to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women;

to establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and

to ensure elimination of all acts of discrimination against women by persons, organizations or enterprises


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Pakistan after Accession to

CEDAW in 1996

Report of Inquiry commission on the status of

women 1997

Recommendations of the commission

Inclusion of UN and other family laws

Provision of Reproductive rights

Equal inheritance, evidence, De'yat and guardianship

Inheritance for the widow of the deceased son

Right to marry irrespective of any religion

To treat marital rape as crime and accord punishment


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Pakistan after Accession to

CEDAW in 1996(contd.)

Establishment of NCSW

Mandate and reports of NCSW

Amendment in criminal laws in the name of Women Protection Act (WPA) (Hadd-e-Zina Ordinance, Hadd-e-Qazaf ordinance, PPC, CrPc, Dissolutions of Muslim marriage act DMMA1939)

National plan of action (NPA)

Gender Reform Action Plan (GRAP)


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Results of Absolute Freedom of Human

and Women Rights in West

Sex free society

Right to nudity

Right to homosexuality

Right to same sex marriage

Right for prostitution

Reproductive Rights

Right to abortion

Single parenting


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Application of Western Concept of

Gender Equality to an Islamic Society

Poses Contradictions with

Islamic philosophy

Variation in role distribution

Variation in some of the rights with reference

to role distribution

Variation in described religious obligations

(ibadah)

Variation in dress code


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Points to Ponder Are the rights ensured by Islam enjoyed by

women in contemporary Pakistani society?

Reasons for violation of women’s rights?

Lack of education and ignorance about Islamic

teachings

Feudal and tribal cultural traditions

Male dominated patriarchal attitudes

Poverty and unemployment

Misinterpretation of some basic facts

Secularized Western approach

Lack of govt. initiatives


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Points to Ponder (Cont’d.)

Is measuring gender equality with respect to economic contribution to society’s development correct?

Does proving capabilities of working in all the fields is required for her recognition?

Should the western strategies under the global women’s right movement be blindly followed or should they be adapted to suit our religious value system?

What should be the responsibilities of family, society and government in assisting women for performing her dual role?


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Recommended Readings

The Muslim Women by Dr. Hamidullah (Dawah Academy, IIUI)

Family Life in Islam by Prof Khurshid Ahmad (Dawah Academy, IIUI)

The Status of Women in Islam by Dr. Jamal A. Badavi (Dawah Academy, IIUI)

Women and family Life in Islam by Islamic Foundation of UK, International Islamic University of Malaysia, King Saud University, Riyadh (Dawah Academy, IIUI)

Women and Social Justice by Dr. Anis Ahmad (Institute of Policy Studies)


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Recommended Readings (Contd.)

Aurat Ehd-e-Risalat Mein by Abdul Haleem Abu Shuqqa, translated by M. Faheem Akhtar Nadwi (Nashriyat)

Family laws of Islam by Dr. Tahir Mansoori (Shariah Academy, IIUI).

Gender Equality: Western and Islamic perspective by Shagufta Omar (Women Aid Trust)

Family Leadership Qawamah: An Obligation to Fulfill, Notan Excuse to Abuse by Dr. Mohamed Rida Beshir (amana publications, USA)


Gender equality in Islam

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