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Revisiting women’s rights in Islam
In the last four decades, women's rights have taken priority in the global development agenda.
In 1979, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) adopted by the UN General Assembly became the turning point in women's rights in modern history as it represented a significant vision of equitable human rights for both women and men.
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The convention provides fundamental realisations and understanding of the equality between women and men in terms of political life, social life, education, employment opportunities, health with a focus on reproductive rights and targeted culture and tradition that obstruct women’s development.
There is a general perception that Islam, as a religion, marginalises women and encourages discrimination against them.
Unfortunately, some Ghanaian Muslim scholars have reinforced this perception by enhancing the widespread misinterpretation of religious teachings. Thus, the status of Ghanaian Muslim women has become a controversial issue, drawing significant attention.
From my own experience as a social activist, I believe there are two types of Ghanaian Muslim women; those looking for the true position of Islam in relation to women, and those who take the prevailing teachings as they are, regardless of their contexts.
Among the first group, I also find two types: those searching for progressive interpretations of the sacred texts, and those who try to distinguish between Islam as a personal belief and their public way of life. Both groups face confusion with regard to what they perceive as a ‘good Muslim woman’ while catching up with the rhythms of modernity.
Many Ghanaian Muslim women find themselves in this confusion because they are overwhelmed with the teachings of the radical Muslim scholars who maintain a patriarchal society and support their position by interpreting the Qur'an in such a way as to favour men and provide them with more power over women.
However, Islam as a theology does not call for discrimination against women, which explains why women accepted Islam rights from the word go.
Education
According to Islamic tradition, the first revelation to the Prophet (PBUH) was ‘Read’ [Qur’an 96:1), a clear indication to the
Messenger of God to equip himself with knowledge. The fundamental principle of Islam is the granting of both men and women the right to make choices from their own free will, the ability to think, to distinguish between right and wrong, and to do good and avoid evil.
Therefore, Islam made education mandatory for both men and women as far back as the 7th century. A narrative by the
Prophet’s wife, A'isha, reports how the Prophet (PBUH) kept praising women of the holy city of Medina for their spirit of enquiry and quest for knowledge.
Marriage
There is no doubt that the marriage institution in Islam holds a very important position. Islam considers marriage as the only way human beings should fulfil their sexual desires and procreate. To this end, Islam recognises the importance of a woman, regardless of status (virgin, widow or divorcee) to choose her husband.
Prenuptial agreement is also permitted for women who approach their marriages with the pre-conceived fear that some particular challenge may arise in the (near) future. Under the circumstance, the prenuptial agreement can be tailored towards avoiding such fears.
Further, a Muslim woman is entitled to keep her maiden name, separate legal personality, property, including the dowry.
Husband and wife are certainly not related as master and servant; it is based on mutual respect, considerate, responsibility, etc.
As a husband, the Prophet’s relation with his wives was characterised by cooperation and consultation, all to the amazement of those closer to him.
Besides, Islam recognises women’s vulnerability to adultery allegations, so it deals with this matter in a firm way by ensuring the
protection of the reputation of women. [And those who accuse chaste women and produce not four witnesses (to support their allegation), flog them with 80 strikes and forever reject their testimony: For such men are wicked transgressors] Qur’an 24: 4.
Divorce
As much as possible, Islam tries to prevent divorce from happening. However, as a measure of last resort and with extreme reluctance, Islam grants the right of divorce (Talāq) to men and at the same time maintains the rights of women to free themselves from the marriage through Tamlīk and Khul’.
Tamlīk confers on the wife the power to divorce her husband if he delegates such power to her. The repudiation formula 'I divorce thee' becomes ‘I divorce thee whenever thou decide it’. According to Imām Mālik, it's the right to self-determination (Mālikatu amrihā), meaning, whenever she decides, it becomes legally binding.
Khul’, which literally means to 'cast off’, hinges on Qur’an 2: 228 [And women shall have rights similar to the rights against them, according to what is equitable]. Legally, therefore, Khul’, which was first promoted by the Andalusian scholar, Ibn Rushd (d. 1198), refers to the husband's renouncing his rights over the woman as a wife after she has agreed to pay (or return) the dowry he gave her [And if ye (judges) do indeed fear that they (husband and wife) would be unable to keep the limits ordained by God, there is no blame on either of them if the wife compensates the husband to obtain divorce] Qur’an 2: 229.
The third form of divorce a woman can initiate is divorce through judicial interference. This happens when the husband violates a condition stipulated in the marriage contract.
Work
Every human being has the right to means of living and those who hold economic and/or political power should not deprive women of their necessities of life by misappropriating or misusing what is legally theirs. [Men shall have a share according to what they have earned, and women shall have a share according to what they have earned] Qur’an 4:32.
The important element here is that men and women are entitled to the fruit of their labour, and hence should be entitled to the means of earning a living. One such means is the right to own, manage and control assets. Hence, Islam grants both men and women the right to own property and to enjoy financial autonomy in the management of their assets.
Inheritance
This brings us to one of the most controversial issues in Ghanaian Muslim communities, which is inheritance. Qur’an 4: 7 stipulates, [Just as there is a share for men in what their parents and kinsfolk leave behind, so there is a share for women in what their parents and kinsfolk leave behind – be it little or much – a share ordained by God]. This is an indication that women inherit from all their male relatives.
However, the issue of unequal share of inheritance is raised in the case of the female heirs inheriting only a half of the share of the male heirs. [God directs you as regards your children's inheritance: to the male, a portion equal to that of two females] Qur’an 4: 11.
My contention is the failure of many Ghanaian Muslim scholars to make available a comprehensive explanation of the Islamic inheritance system, for there are other cases where women inherit: (1) equal to men, (2) more than men, and (3) women inherit while men do not.
However, all these cases have, in fact, been overlooked and ignored. Based on Qur’anic injunctions, I would be highlighting these dynamics in some details next week.
See you next Friday
The writer is the Founding President of the Centre for Islamic Thought and Civilisation. [email protected]
