The conferences

Woman in Islam and the legal system

Introduction

Islam does not discriminate between men and women. Each of them has his own characteristics and each one complements the other.

The relation that exists between man and woman is that of collaboration, the thing that helps them perform their vital and fundamental roles in their lives.

The Massonians endeavored to win woman's confidence and to take her as a means to reach their aims. One of the Massonians said: «It becomes obligatory to win the woman and if she stretches out her hands to us, we have attained or gained the unlawful. Therefore, the Muslims who support religion (Islam) will be scattered and dispersed».

The Christian Murqas Fahmi Al-Muhâmi wrote a book in 1894 entitled "Woman in the Orient" in which he advocated five main objectives:

1. Suppressing the Islamic veil.

2. Allowing mixed company without limits.

3. Restraining divorce which must occur only before the judge (i.e. not considering the divorce that is uttered by the husband).

4. Forbidding polygamy.

5. Allowing marriage between Muslims and Christians (more precisely between Muslim women and non Muslim men).

I. The status of women in Islam.

The Islamic Sharia gives the woman a special and important position. It appears clearly in the following points:

1. The Islamic Sharia affirms that the origin of both male and female is the same. «O mankind! Fear Allah the One Who fashioned you from a single person, and of the same kind He created his wife, and from the pair of them scattered many of them man and women. And fear Allah to whom you are answerable and the rights of the womb relationships. Indeed Allah is ever watching over you». [Surat An-Nissâ'/the Women, 1].

«O mankind! We have created you from a male and a female, and made you nations and tribes, that you may know one another. Surely the most honorable of you in the sight of Allah is the most pious of you. Indeed Allah is All Knowing, All Aware». [Surat Al- Hujurât /the Chambers, 13].

2. It burdens the man as well as the woman with responsibility. The Almighty Allah said:

 « So their Lord accepted their prayers, "That I will not waste the striving of any of you, whether male or female, you are one from another"…». [Surat Al-Imrân/the Family of Imran, 195]

« But whoever does deeds of righteousness, whether male or female, and he or she is a believer, they shall be admitted to Paradise, and they shall not be dealt with unjustly in the least». [Surat An-Nissâ'/the Women, 124].

3. It emancipates the woman from the pre-Islamic practices and habits through:

a) Putting an end to the feeling of annoyance and embarrassment at her birth. The Almighty Allah said: «And when any of them is giving the glad tidings of a daughter his face is blackened and he shocks inwardly. He hides himself from the people because of the bad tidings that he has received ;( thinking) whether he should preserve her in humiliation, or bury her into the dust, surely evil is that they judge! ». [Surat An-Nahl/ the Bee, 58 and 59]

b) Forbidding the Killing of a female for fear of poverty. The Almighty Allah said:  «And do not kill your children for fear of poverty, We provide for you and for them, indeed the killing of them is a grievous sin. » [Surat Al Isrâ'/the Nocturnal Trip, 31]

c) Forbidding the burying alive of the females. The Almighty Allah said:  «And when the infant girl that was buried alive, shall be asked; for what sin she was killed. » [Surat At- Takwîr/ the Rolling up, 8 and 9]

d) Granting the female the right of inheritance. The Almighty Allah said:  « Allah commands you concerning your children (inheritance), for the male a share proportionate to the shares of two females. If only two or more daughters, their share is two thirds of you leaves. And if there is one daughter only, her share is half. And to parents one sixth to each from what he leaves, if he has children, but if he is childless and the parents are the sole heirs, then to his mother a third, but if he has brothers and sisters, to his mother a sixth after the settlement of any legacy or debt he leaves. Your parents or your sons, you do not know which one of them is more beneficial to you. This is the ordinance of Allah, and Allah is All-Knowing, All Wise. ». [Surat An -Nissâ'/the Women, 11].

4. It affirms the woman's personality. The Almighty Allah said:  « And by He Who created male and female; surely your striving is to diverse ends. » [Surat Al-Lail/ the Night, 3 and 4]

5. It affirms the status of the woman within the family:

- As a daughter. The Almighty Allah said:  « Allah commands you concerning your children …» [Surat An-Nissâ'/the Women, from the verse 11].

- As a wife. The Almighty Allah said:

 «…your wives are your garments and you (husbands) you are their garments…». [Surat Al-Baqara/the Heifer, from the verse 187]

« And from His signs is that He created from yourselves your wives, that you find serenity with them, and He has set between you affection and mercy. Surely in this are signs for people who reflect. » [Surat Ar- Rûm/ the Romans, 21]

- As a mother: The Almighty Allah said:   « And Your Lord commands you that you shall not worship any but Him, and that you should be kind to your parents, whether one or both  of them reach old age, say not to them any word of contempt, nor rebuke them, but address them in honorable terms. ». [Surat Al-Isrâ'/the Nocturnal Trip, 23]

6. It affirms the right of the woman to use her money freely.

In Islam, the woman has the right to earn and use her money freely: buying, selling, and making a will. She has also the right to conclude different contracts and to be subject to financial obligations. It is not allowable for the woman's guardian or husband to use her money except with her consent.

The Islamic Sharia too gives the woman her share of inheritance as a mother, a daughter, a sister, a grand mother. The Almighty Allah said:  

« And you will get half of what your wives leave behind, if they are childless, but if they have children, then your share will be one fourth of what they leave after the payment of wills and debts. And your wives have one fourth of what you leave if you have no children, but if you have a child then she gets an eighth after payment of wills and debts. And if a man or woman has left neither ascendants nor descendants but has brother or sister, each one of the two gets a sixth, but if more than two they share in a third after payment of wills and debts, that no loss is caused (to anyone), it is a command from Allah, and Allah is All- knowing, All Forbearing. ». [Surat An Nissâ'/the Women, 12]  

« To men a share of what parents and near of kin leave and to women a share of what parents and near of kin leave, whether it is little or much, an appointed share». [Surat An-Nissâ/the Women, 07]

II. Women in the legal system.

Before it becomes a law, the idea of emancipating the woman was just a philosophical one. Many feminine movements were emerged and claimed women's rights and emancipation. After that, numerous international congresses were held for the sake of discussing the affairs and the issues that concern women. Among these congresses, we mention:

- The Mexico Congress that was held in 1975. Its slogan is "Woman: equity, development, and peace".

- Copenhagen Congress that was held in 1980.

- Kenya Congress held in 1985.

- Pekin Congress held in China in 1995.

- New York Congress held in 2000.

- Cairo Congress held in 2005.

Many congresses of inhabitants and development were also held and they debated the issues related to women. Among them:

- The Bucharest Congress held in 1974.

- The Mexico Congress held in1984.

- The Cairo Congress held in 1994: 160 countries and 1200 non governmental organizations took part in this congress. Among its resolutions:

- The freedom of sex.

- The right to abortion.

The resolutions of this congress were rejected by both Al-Azhar as a representative of the Muslims and the Vatican as a representative of the Christians.

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