Kara Sears
Sharia law, or the correct path in Arabic, is a set of religious principles that guide the personal practices of Muslims worldwide. It is derived from the Quran, the Sunnah, and the Hadith—the deeds and sayings of the Prophet Muhammad. While it is a code of conduct for all Muslims, its interpretation and application vary widely across different countries and cultures, and its treatment of women is a highly debated topic. While some critics argue that it places undue restrictions on women, others contend that it has granted women legal empowerment and advanced their rights.
Can Sharia Law Women Speak?
| Characteristics | Values |
|---|---|
| Gender Equality | Challenging |
| Women's Rights | Abysmal |
| Inheritance | Limiting for Women |
| Divorce | Accessible to Women |
| Marital Home | Live Where Husband Desires |
| Sexual Relations | Cannot Abstain Without Spouse's Consent |
| Clothing | Dress Modestly |
| Public Speaking | Controversial |
| Media | Restricted |
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What You'll Learn
Women's rights and gender equality
Sharia, or Islamic law, is a broad set of ethical principles found in the Quran, Islam's holy book, and in the teachings and actions of the Prophet Muhammad. It is not a strict legal code, leaving it open to varying interpretations by governments and religious leaders. While some women's rights activists have deemed certain practices of Sharia incompatible with gender equality, other women's rights activists, religious leaders, and officials are using Sharia to push for gender equality.
In the seventh century, Aisha, the Prophet Muhammad's surviving spouse, was among the first Muslim authorities to render decisions on sacred law that men had to follow. In Malaysia, for example, groups like Sisters in Islam and Musawah have been publicly putting forward feminist interpretations of Quranic verses to teach women about gender equality and inheritance rights. In Somalia and Somaliland, women are reviving a centuries-old tradition of teaching and interpreting Sharia for themselves.
In some countries, however, Sharia law has become a tool to perpetuate inequality and restrict women's freedoms. For example, in Afghanistan, the Taliban's strict interpretation of Sharia has led to the closure of all women's beauty salons, and women have been imprisoned for not wearing abayas, dancing in public, or tweeting their opinions. In Iran, enforcement of Sharia law poses significant challenges for women, as their right to financial support from their husbands is contingent on their "obedience," and they can lose this right if they refuse to have sex with their husbands without a "legitimate excuse."
Despite these challenges, some scholars argue that the way in which Sharia law was used in court in the seventh century precipitated considerable strides in the advancement of women's rights, levelling the legal playing field between the two genders. Under Islamic law, spiritual equality is granted to both men and women uniformly and without restriction, and as a result, women were placed in a more advantageous social position relative to the pre-Islamic period's treatment of women. Islamic law also granted women followers innumerable human rights recognized under the law, such as the right to work, the right to education, and the right to proprietorship.
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Public speaking and broadcasting
In the context of Sharia law, the concept of "public speaking and broadcasting" for women is a complex and multifaceted issue that has been the subject of debate and interpretation. While some aspects of Sharia law have been criticised for restricting women's rights and freedoms, it is important to recognise that the interpretation and application of Sharia law can vary across different cultures and localities.
One of the central considerations in the debate surrounding women's public speaking and broadcasting under Sharia law is the concept of "awra." "Awra" is an Arabic term in Islamic jurisprudence that refers to any part of the body that should not be exposed to those who are not permitted to see it. This includes the female voice, which has been a subject of discussion among classical and contemporary Islamic scholars. Some scholars, such as Yusuf Ibn Abdullah Al-Ahmad, have argued for a more gender-segregated society and interpreted the female voice as part of the awra, which should be covered or removed from public spaces where unrelated men are present.
However, it is worth noting that the Quran itself does not explicitly associate the female voice with a woman's nakedness or instruct women to remain silent. Instead, it encourages them to speak in an honourable manner. This interpretation has been supported by modern Islamic scholars who argue that Sharia law, when applied correctly, can promote gender equity and advance women's rights. They highlight that Sharia law grants spiritual equality to both men and women, placing women in a more advantageous social position than they held during the pre-Islamic period.
In the Western world, the interpretation and implementation of Sharia law with regard to women's public speaking and broadcasting have been controversial. There have been concerns about discrimination against women by Sharia councils in England and Wales, which has prompted reviews by the British government. While these councils provide rulings and advice to Muslims based on their interpretation of Sharia law, they hold no legal authority and cannot overrule or contradict decisions made by UK courts.
In Muslim-majority countries, the situation is more varied. While some countries have integrated traditional Sharia laws with European models to respect human rights and gender equality, others have faced criticism for their enforcement of Sharia law, which has posed significant challenges to women's rights and freedoms, including their participation in public speaking and broadcasting.
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Dress code and modesty
Sharia law decrees that both men and women should dress modestly, although the interpretation of modesty varies across different countries. The rule of dress for women is modesty; the word hijab means "cover", "screen", or "curtain", and it refers to both a specific form of veil worn by some Muslim women and the modest Islamic style of dress in general. Muslim women are required to observe the hijab in front of any man they could theoretically marry, but not in front of close relatives, such as the father, brothers, grandfathers, uncles, or young children. There is debate about what can be revealed in front of non-Muslim women.
Modesty rules are open to a wide range of interpretations. Some Muslim women wear full-body garments that only expose the eyes, although there is no Quranic text requiring this. Some cover every part of the body except their face and hands. Some believe only their hair or their cleavage is compulsory to hide, and others do not observe any special dress rules. The Quran calls for women to "draw their head-coverings over their chests" (24:30–31), and the Prophet Muhammad instructed that women should cover their bodies except for their faces and hands. Most Muslims interpret this to require head coverings for women, although some Muslim women, especially those of more conservative branches of Islam, cover their entire bodies, including the face and/or hands, with a full-body chador.
The overall appearance of a person should be dignified and modest. Shiny, flashy clothing may technically meet the requirements for exposure of the body, but it defeats the purpose of overall modesty and is therefore discouraged. Islam encourages people to be proud of who they are and to dress in a way that reflects their identity. Clothing should be clean and decent, neither excessively fancy nor ragged. One should not dress in a manner intended to gain the admiration or sympathy of others. Islamic clothing is but one aspect of modesty; one must also be modest in behaviour, manners, speech, and appearance in public.
The manner of dress of Muslims has drawn great attention in recent years, with some groups suggesting that restrictions on dress are demeaning or controlling, especially to women. Some European countries have even attempted to outlaw certain aspects of Islamic dress customs, such as covering the face in public. However, the way in which Muslims dress is driven by modesty and a desire to not draw individual attention. Muslims generally do not resent the restrictions placed on their dress by their religion and most regard it as a proud statement of their faith.
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Marriage and divorce
According to Sharia Law, divorce should be the last resort if the marriage cannot be continued. However, it acknowledges that there may be instances where divorce becomes necessary due to irreconcilable differences or the breakdown of mutual affection. In such cases, either spouse or their legal representatives can initiate the divorce process in accordance with the marriage contract and subsequent court procedures. Notably, Muslim men do not require their wife's consent to initiate a divorce, and a unilateral declaration of intent to disown the wife may be sufficient.
For Muslim women, the process of obtaining a divorce under Sharia Law can be complex and vary depending on the jurisdiction. In the United Kingdom, for example, Sharia councils have been established to facilitate Islamic divorces, particularly in cases where the husband does not consent to the divorce. These councils have been criticised for potentially trapping vulnerable women in abusive relationships and perpetuating a parallel legal system. Additionally, in the UK, the majority of Muslim marriages are not legally recognised, leaving women in a vulnerable position if the marriage ends.
In the United States, the interpretation of Islamic marriage contracts in family courts can vary. In some states, like Texas, the terms of an Islamic marriage contract might impact a spouse's rights under community property laws. On the other hand, in the United Arab Emirates (UAE), Sharia Law holds dominance over all codified legislations regarding family matters, including divorce and child custody. Here, divorce can be initiated verbally or in writing, and Muslim men can unilaterally divorce their wives without providing a reason or obtaining their consent.
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Inheritance
According to Shariah Law, when a Muslim passes away, there are four primary duties that must be fulfilled. Firstly, funeral and burial expenses must be paid. Secondly, any debts owed by the deceased must be settled. Thirdly, the will of the deceased must be determined, with testamentary freedom restricted to one-third of the net estate after deducting debts and funeral expenses. Finally, the remaining two-thirds of the estate is distributed among the heirs according to Shariah Law. These heirs typically include the spouse, parents, children, grandchildren, siblings, paternal grandparents, uncles, aunts, and nephews and nieces.
The distribution of the estate is based on a hierarchy of heirs, with the first class, known as Quranic Heirs or Sharers, receiving a fixed share. This group includes the husband, wife, son, daughter, father, and mother. The remaining two-thirds of the estate is then divided among the residuary heirs, who are typically more distant relatives. It is worth noting that under Shariah Law, illegitimate and adopted children are not considered heirs, and non-Muslims cannot inherit from Muslims.
The laws of inheritance in the Quran introduced rights and restrictions that improved the treatment of women. Women, who were previously considered part of the property of the deceased and denied any inheritance, were now recognised as co-sharers with men. The Quran stipulates that a woman is entitled to a share of her husband's estate, and it forbids the practice of inheriting widows. Additionally, the dowry, or mahr, is due to the wife and not her family, reducing the financial burden on the husband's family.
While Shariah Law provides a framework for inheritance, the specific laws and their interpretation can vary depending on the Islamic sect and the country's legal system. For example, in the UAE, the Personal Law allows non-Muslims to draft a will and divide their property according to their wishes. However, if a non-Muslim foreign national dies without a will, the distribution of their assets will be governed by the principles of Shariah Law.
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Frequently asked questions
Sharia law is the system of religious laws within Islam and is derived from the Quran, Islam's holy book, as well as the Sunnah and Hadith – the deeds and sayings of the Prophet Muhammad. It deals with all aspects of a Muslim's life, ranging from family and financial matters to personal hygiene and clothing.
The word Sharia is derived from the Arabic word for "the clear, well-trodden path to water". In the Quran, šarīʿah and its cognate širʿah occur once each, with the meaning "way" or "path".
The role of women in Sharia law is debated, with some arguing that it has granted women legal empowerment and others claiming that it is discriminatory. While spiritual equality is granted to both men and women, women's rights and freedoms are restricted in some countries. For example, in Afghanistan, the Taliban has imposed strict interpretations of Sharia law, including the closure of all women's beauty salons.
In some countries, women can be imprisoned for not wearing an abaya, dancing in public, or expressing their opinions. Women's inheritance rights are also limited, as daughters receive half the share of their brothers. Additionally, women's financial support from their husbands is contingent on their "obedience" and compliance with marital duties.
In the Western world, Sharia law has been called a source of "hysteria" and is often associated with strict interpretations resembling those of Salafi Muslims. There are concerns about the compatibility of Sharia law with human rights, gender equality, and freedom of speech and expression.
