Sharia Law And Women: Understanding The Complex Relationship

Sharia law, or Islamic law, is a set of ethical principles found in the Quran and the teachings and actions of the Prophet Muhammad. It is not a strict legal code, and its interpretation varies between Muslim states. While some countries have adopted a few aspects of Sharia law, others, such as Saudi Arabia, Qatar, and Iran, follow it more closely.

Sharia law has been criticised for being oppressive towards women, with lawmakers in some Muslim-majority countries using it to justify punishments such as stoning for sex outside of marriage and amputation for theft. Women have also been forced to stay in abusive marriages and have been flogged for wearing trousers.

However, the interpretation of Sharia law regarding women's rights is not uniform, and several women's rights activists, religious leaders, and scholars argue that Sharia law inherently contains feminist principles. For instance, in some countries, Sharia law has been used to expand women's access to divorce and education.

Women's rights to education, work and freedom of movement

Women's rights to education, work, and freedom of movement are highly contested topics in the context of Sharia law. Interpretations of Sharia law vary across different Muslim-majority countries and communities, and these interpretations have a direct impact on the rights afforded to women.

Education

Sharia law, derived from the Quran, the Sunnah, and the Hadith, acts as a holistic code for living that all Muslims should adhere to. While it does not explicitly require the veiling of women's faces or heads, it does prescribe modest dress for both men and women. The observance of sexual modesty and plain dress is further elaborated in the Hadith and sunnah, which describe the deeds and sayings of the Islamic prophet Muhammad.

The right to education for women is a contentious issue, with some conservative interpretations of Sharia law restricting girls' and women's access to education. For example, during the Taliban's rule in Afghanistan from 1996 to 2001, girls were forbidden from attending school, and women were predominantly barred from working or studying. However, Islamic teachings and history provide a more nuanced perspective. The Quran, the primary source of Islamic law, advocates for the rights of women and men to seek knowledge equally. Muhammad himself encouraged education for both males and females and declared that seeking knowledge was a religious duty binding upon every Muslim.

Throughout history, Muslim women have played prominent roles in the foundation of educational institutions and have been vital to the transmission of knowledge. Notable female scholars and educators include Zainab bint al-Kamal, a famous hadith scholar, and Fatima al-Fihri, who founded the al-Karaouine mosque in 859 CE, which later developed into a university.

In the modern era, the right to education for women remains a complex issue, with varying levels of access and opportunity across different countries and communities. While some Muslim-majority countries have high female enrollment rates in tertiary education, others have much lower female literacy rates. Additionally, the quality and content of education vary, with some countries mandating the inclusion of religious instruction in curricula.

Work

The right to work for women is also subject to differing interpretations of Sharia law. While some conservative interpretations restrict women's employment, others allow it under certain conditions. These conditions may include the requirement for a husband's permission to work outside the home or the adherence to specific dress codes, such as the hijab.

Islamic law permits women to work within specific parameters, such as not violating Islamic law (e.g., by serving alcohol) and maintaining modesty in their attire and behavior. Additionally, the work should not cause a woman to neglect her role as a mother and wife, and the Muslim community is responsible for organizing work opportunities that respect women's rights as outlined in the Quran.

Despite these conditions, Muslim women have historically played diverse roles in the workforce, including business leaders, politicians, and scholars. In the contemporary world, women in some Muslim-majority countries, like Indonesia, hold senior business management positions, while others, like Saudi Arabia, have only recently lifted bans on women driving, enabling greater access to employment.

Freedom of Movement

The freedom of movement for women is another contentious issue, often influenced by cultural and societal norms. While some interpretations of Sharia law do not restrict women's movement, others impose limitations, such as the requirement to be accompanied by a male guardian outside the home.

The concept of purdah, which entails the physical separation of the sexes, can also impact women's freedom of movement. However, this separation is not universally rigid, and there are examples throughout history and in the present day of Muslim women playing prominent roles in public life, including political leadership.

Transport restrictions, such as the now-lifted ban on women driving in Saudi Arabia, have also limited women's freedom of movement in certain countries.

In conclusion, women's rights to education, work, and freedom of movement under Sharia law are complex and varied. While some interpretations of Sharia law restrict these rights, others provide opportunities for women to pursue education, careers, and mobility within specific parameters. The diverse interpretations and applications of Sharia law across different Muslim-majority countries and communities result in a wide range of experiences for women, highlighting the dynamic and context-dependent nature of this religious legal system.

Marriage and divorce

Marriage in Islam is a civil contract between a man and a woman. It is intended to be permanent, as indicated by its characterisation as a "firm bond" in the Quran. The relationship between spouses should be based on love, and important decisions should be made by mutual consent. When marital harmony cannot be attained, the Quran allows spouses to part ways, although this decision should not be taken lightly.

Divorce

Divorce can be initiated by the husband (talaq), the wife (khula), or mutually (mubarat). Talaq is a unilateral repudiation of the wife by the husband and does not require the wife's consent. However, the husband must financially support his wife during the waiting period or until the delivery of her child, if she is pregnant.

Khula, on the other hand, is a contractual type of divorce initiated by the wife, where she returns her dowry or pays another sum to her husband. Although traditional jurisprudence considers the husband's consent essential for khula, it is not mentioned in the Quran or many prophetic traditions.

Judicial divorce is also permitted when either spouse has cause, and the acceptable grounds vary among legal schools. For example, in the Hanafi school, a woman has almost no grounds for obtaining a divorce as long as her husband has consummated the marriage. In contrast, Maliki law allows women to seek divorce for non-support, abandonment, and "injury", which can be physical or otherwise.

Waiting Periods

Waiting periods are set by the Quran to discourage hasty divorces. For a menstruating woman, the waiting period before the divorce is finalised is three menstrual cycles. For non-menstruating women, including pre-menarche girls and post-menopausal women, the waiting period is three months. These waiting periods serve to ensure the woman is not pregnant and to give the couple an opportunity for reconciliation.

Mahr (Dowry)

Mahr is the total money or property that the husband is required to give to the wife at the time of marriage. It consists of two parts: the prompt mahr, given soon after the marriage, and the deferred mahr, given when the marriage has ended, either due to the death of the husband or by divorce.

Divorce Laws in Modern Times

In modern times, there has been a growing dissatisfaction with traditional Islamic divorce laws, particularly regarding the husband's right of unilateral repudiation and the limited ability of women to initiate divorce. Reforms have been undertaken to restrict men's unfettered exercise of repudiation and increase women's access to divorce. For example, some nations have required judicial intervention or imposed financial penalties on husbands who divorce their wives without a compelling reason.

Additionally, the adoption of relatively more liberal grounds for divorce, such as the Maliki grounds, by certain Hanafi jurisdictions, has improved women's ability to obtain a divorce. However, the interpretation and application of these provisions vary significantly, and judges have considerable discretion.

India

In India, the Dissolution of Muslim Marriages Act, 1939, outlines the circumstances in which Muslim women can obtain a divorce and their rights after divorce. Muslim women can seek divorce in a court of law on various grounds, including cruelty, failure to provide maintenance, imprisonment, impotence, and more.

UAE

In the UAE, Islamic marriages are conducted according to Sharia provisions. A Muslim woman must obtain the consent of her guardian to get married, and if her father is deceased, the presence of the next closest male guardian, such as an elder brother, is required. Additionally, divorced and widowed women must provide proof of their status.

Polygamy is permitted in the UAE, and a Muslim male may have up to four wives, provided he offers equal sustenance and treatment to all.

Polygamy

The reasons for allowing polygamy are often justified as a way to uphold women's rights, including the right to marriage, forming a family, and having and raising legitimate children. It is also argued that there are more women available for marriage than men, due to higher male fatalities and women's higher resistance to diseases. Thus, polygamy allows widowed women to remarry and start a family.

However, it is important to note that monogamy is preferred over polygamy in Islam, and that men are expected to treat all wives equally and fairly, which can be challenging to achieve in practice. Additionally, men must have sufficient financial resources to provide for all their wives and families and ensure justice and equality among them.

While some Muslim-majority countries have adopted aspects of Sharia law, the degree of interpretation and enforcement varies. For example, in Saudi Arabia, women face stricter restrictions, such as being required to wear a full veil in public and being forbidden from driving.

Female genital mutilation and child marriage

Sharia law is Islam's legal system, acting as a moral code and a set of rules for all areas of life. It is derived from teachings found in the Quran and the Sunnah, which are the sayings and teachings of the Prophet Mohammed.

Female Genital Mutilation (FGM)

There is a widespread view among practitioners of FGM that it is a religious requirement, although prevalence rates vary according to geography and ethnic group. FGM is practised predominantly within certain Muslim societies, but it also exists within some adjacent Christian and Animist groups. The practice is not required by most forms of Islam, and senior Muslim religious authorities agree that it is neither required nor prohibited by Islam. The Quran does not mention FGM, and fatwas have been issued both forbidding and permitting the practice.

Several Muslim leaders have called for an end to FGM. In 2006, prominent Muslim clergy at a conference at Al-Azhar University in Cairo declared it unnecessary, and in 2012, the Secretary-General of the Organisation of Islamic Cooperation said that FGM "must be stopped as Islam does not support it". The various schools of Islamic jurisprudence have expressed differing views on FGM, with some viewing it as "noble", some as recommended, and others as obligatory. However, other scholars say it has no justification, arguing that it is not an Islamic practice and is not endorsed by Islamic jurisprudence.

Child Marriage

Islam identifies three distinct stages of child development, each lasting seven years, from age 0-21. Each stage comes with specific prescriptions for what a child should learn and what their relationship with their parents should be. While Islam gives Muslims the right to a marriage arranged by their parents, the Quran does not specify the age at which this should occur. Different traditions and countries have different views on readiness for marriage.

All Sunni and Shia schools of thought agree that forced marriages are forbidden in Islam, as Islamic marriages are contracts between two consenting parties. In addition, Muhammad gave women the power to annul their marriages if they were married without their consent. The Maliki school of thought gives the right of ijbar to the guardian, allowing them to annul a marriage due to objection by the male guardian, as children may choose an unsuitable partner due to their immaturity. No age limits have been fixed by Islam for marriage, and "quite young children may be legally married". However, the Hanafi madhhab of Islamic fiqh maintains that a wife must not live with her husband until she reaches the condition of fitness for sexual relations.

Women's inheritance rights

Islamic inheritance law, as outlined in the Quran, recognises four different scenarios regarding a woman's inheritance share:

• Where the woman receives the same share as a man
• Where the woman receives a higher share than a man
• Where the woman receives a smaller share (half) than a man
• Where the woman receives an inheritance share, while the man receives none

In the first and fourth scenarios, women are either on par with or advantaged over men in terms of inheritance. In the second scenario, women receive a larger share, which is justified by their financial obligations and responsibilities within the family unit. In the third scenario, men receive a larger share, but this is counterbalanced by their obligation to financially support their wives and families.

It is important to note that Islamic inheritance law views men and women as having equivalent rights to property ownership and inheritance. The Quran states, "For men, there is a share from what their parents and close relatives leave, and for women, there is a share from what their parents and close relatives leave, be it little or considerable; a definite share." This verse guarantees women's right to inherit and establishes their status as inheritors equal to that of men.

However, it is also true that in certain cases, Islamic inheritance law differentiates between men and women. For example, sons inherit twice as much as daughters, and husbands inherit twice as much as wives. This differentiation stems from the financial obligations that men are expected to fulfil in Islam, including providing for their wives and children and paying the Mihr (dowry) upon marriage. Men are legally and canonically required to bear these expenses, while women are not obligated to spend their wealth on their families.

The debate around women's inheritance rights in Islam is complex and multifaceted. While critics argue for unfairness, supporters of Islamic inheritance law point to the broader context of financial responsibilities and the overall empowerment of women that Islam brought about when it was revealed. They argue that the differentiation in inheritance shares is not a form of prejudice or oppression but a practical recognition of the differing roles and obligations of men and women within the family unit.

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