Question: Does Islam Restrict Women's Rights?
Answer:
Women's rights is a topic that is frequently brought up in discussions about Islam and Muslim countries. There is no doubt that this is a very important topic that must be addressed. There should be no doubt about it, and there should be no vagueness in addressing it. Muslim tradition teaches us that every human being has rights that no one is permitted to take away from them. In fact, among the reasons that God revealed Islam to humanity is to protect and defend human rights and to fight against oppression and transgression against people's rights. Women's rights are no different. But before we discuss women's rights in Islam specifically, some context is required.
The distinction between Islam and today's implementations of it
As a starting point, let's distinguish between what is practiced today in Muslim communities around the world, and what the teachings of Islam actually are. Unfortunately, in many cases, Muslims do not live up to the ideals that Islam represents. There are many shortcomings and misconceptions among Muslims. Even those who are regarded as religious authorities or leaders may not fully and accurately represent the teachings of Islam. In our world today, many Muslim communities and nations suffer from a lack of education, poverty, instability, violence and war. This reflects on how Islam is practiced in those communities. Tribal customs and ancient traditions frequently overpower the teachings of Islam and become the dominant force that determines how people live and how societies are organized.
The principles outlined in Islamic teachings are intended to be applied within a framework that ensures that these principles are applied justly and equally. Otherwise, the nature of human beings is that every person will cite a passage from the Quran or the teachings of the Prophet when it's to their advantage, and ignore everything else that goes against their interests. In modern nations, one cannot look into a nation's constitutions, laws and regulations, or even judicial precedents and decide to apply the law for themselves. The law can only be applied through a well established justice system that provides all concerned parties the opportunity to defend themselves. For centuries, the same applied in Muslim nations where Islamic law was applied through a justice system that was fair and transparent, within the realities of the time period of course.
Unfortunately, in modern times Muslim nations have experienced a crisis of identity. Many Muslim nations have established laws and legal systems that are often corrupt and not applied fairly. They are often based on tribal customs and ancient traditions, but are claimed to be based on Islam to bolster their legitimacy. Even laws inspired by Islamic teachings are not applied justly and fairly. By stripping away the fairness of a system of knowledgeable and qualified judges who can apply Islamic principles justly, we ended up in a place where even principles that have their roots in Islamic law are used in an unfair manner. This is not an indication that Islam is not fair, but rather it is an indication that Islam is not being practicing correctly, because any action that is unjust or that takes away people's rights is in complete opposition to Islamic teachings. So we must not judge Islam as a religion based on how it is practiced by people or how it is implemented by Muslim nations today, but rather based on the authentic sources that represent Islam, which are the Quran and the teachings of Prophet Muhammad (pbuh).
It is the duty of Muslims to do the hard work of building communities, systems, and nations that live up to the ideals of Islam. This can be accomplished through education, advocacy, hard work, and upholding ourselves and everyone in our community to the high standards that Islam expects of us. But that is a topic for another time.
Islam is a complete way of life
A second important point to consider before delving into the topic of women's rights is that Islam should not be viewed as a typical religion. Most religions are practiced today as a set of moral guidelines and acts of worship that exist in parallel to the actual way that people live their lives. The common theme today is secularism where there is a separation of religion and state, which results in a separation between religion and people's daily lives. Laws and regulations are established by institutions that are completely separate from any religious ideals or concepts. There is no doubt that religion still influences law making in most nations, but it is not a dominant force as it had been in earlier periods of human development. Therefore, today most religions are a private matter for each individual to practice, or for families and communities to practice together privately. Religion informs people's values and morality, encourages them to do good and avoid doing bad things, imposes certain restrictions on what they can or can't do, and this is all reinforced by performing certain acts of worship such as prayers, fasting, and celebrations.
Islam is distinct in that it is intended to be a complete way of life that combines the religious and the secular. It is not meant to be applied in parallel to people's day-to-day lives. Rather, if Islam is to be practiced fully, it must inform every aspect of a Muslim's life. This is because Islam goes beyond the normal topics covered by typical religions such as beliefs, morals, and rituals. Islam actually contains a comprehensive system that guides how we deal with everyday life issues such as rights and responsibilities in business contracts, leadership and governance, the judicial process, marriage and divorce, adoptions, solving disputes between people, and dealing with criminal activity. Every action that a Muslims takes in their daily life is a reflection of their faith, which makes it impossible for a Muslim to separate day-to-day life from their faith.
Because Islam offers such comprehensive guidance for every aspect of our lives, it is necessary in that context that Islam offers teachings about the rights and responsibilities of people as individuals, as children, as parents, as siblings, as spouses, as neighbors, and even more generally as citizens of the world. The Muslim tradition confers rights and responsibilities on all people, including both men and women. These rights and responsibilities entail that there are some restrictions that go along with them in order to build a fully functioning system. So while Islam does teach women to avoid certain things, it also confers rights on women that men must fulfill in the context of an Islamic environment. Similarly, Islam teaches men to avoid certain things, while giving them certain rights as well. But what is the purpose of this Islamic framework for life?
The purpose of Islamic teachings
The purpose of Islamic teachings is to enable us to have healthy, happy, peaceful, successful, and comfortable lives, and to do this within a fair and just system. A system that gives equal opportunity to everyone whether they are male or female, rich or poor, healthy or sick, strong or weak, and regardless of their racial, cultural, or tribal status. Islam also recognizes that this will not always be possible to achieve in this life, and that there is always injustice and unfairness that will exist no matter how hard we try to eliminate it. Therefore, Islam teaches us that after death there is an afterlife where everyone will get what they deserve. Anyone who has transgressed against others will have to pay for their transgression, and anyone who has been transgressed against will get compensated for what they lost. Those who do good in this life and help others will be rewarded in the afterlife in multiples to recognize their efforts in making life better for everyone.
Does Islam restrict women's rights?
With all this background, the question remains, does Islam restrict women's rights? Looking into the authentic sources of Islam, the answer is clearly no. It is not Islam that restricts women's rights. Rather, it is the patriarchal and tribal customs that Islam came to combat and replace that take away a woman's rights. For example, there is no basis in Islam for restricting women's education. Islamic teachings highly encourage seeking education, regardless of gender. Islam does not restrict women's ability to work, do business, invest, and manage their money independently of men. Islamic teachings require a woman's approval for marriage, and does not allow parents to force their daughters to marry if they don't want to. Islamic laws apply equally to both men and women. Islam does not permit murdering women under the guise of "honour killing", but rather views adultery as an equal sin for both men and women. Islam certainly does not permit inflicting pain, misery and any sort of harm to women such as "female genital mutilation" or similar practices. Islam grants both men and women equal access to the justice system. Women who feel their rights have been infringed upon may access judicial support to regain their rights.
Islam teaches both men and women to dress modestly. Although the acceptable attire for men and women is different, which is in line with almost every other culture on Earth, there is nothing in Islamic teachings that indicates that modest dress is more of a requirement for women. A man who does not adhere to acceptable modest attire for men is seen as equally sinful to a woman that does not adhere to acceptable modest attire for women. Islamic inheritance rules are quite complex and based on a framework where the burden of financial responsibility for a family is placed on the husband. Therefore, in many scenarios male relatives may get a larger portion of an inheritance. But there are scenarios where women receive more than men. This illustrates that the rules are not there to discriminate against women, but rather to establish a system that is fair to everyone given the financial responsibilities of the individuals involved. For example, a married woman who receives a smaller share of inheritance from her side of the family in one scenario, will see her husband receive a larger share from his side of the family in another scenario, as long as the system is applied to everyone, resulting in an overall fair distribution of inherited assets.
Men and women are equal, but not the same
Islam does not consider men and women to be the same, and it recognizes the important biological and emotional differences between them. These differences are recognized in Islamic teachings and impact the roles and responsibilities that are expected of both men and women. Islamic teachings are often tailored specifically to suit men and women based on the differences between them. There are some aspects of Islamic teaching where a greater responsibility and burden is placed on men. There are also other aspects where women carry a greater responsibility and burden. As mentioned earlier, the goal of Islamic teachings is to build healthy, happy, peaceful, and successful societies. This is achieved through the sharing of roles and responsibilities between men and women fairly in a way that recognizes the differences between them, with the family unit being the foundation of societies.
So while Islam does not view men and women as being the same, it certainly views them as being equals. For example, the holy Quran teaches:
Surely, for men and women who are Muslims, men and women who are believers, devout men and women, truthful men and women, patient men and women, humble men and women, charitable men and women, fasting men and women, men and women who guard their chastity, and men and women who remember God often - for them God has prepared forgiveness and a great reward. Quran (33:35).
Whoever does good, whether male or female, and is a believer, We will surely bless them with a good life, and We will certainly reward them according to the best of their deeds. Quran (16:97)
In fact, Islam goes beyond just teaching that men and women are equal. The Quran teaches us that men and women are guardians of one another. They collaborate and cooperate to protect each other and to spread goodness in the world. They are all members of a team working towards a common goal.
The believers, both men and women, are guardians of one another. They encourage good and forbid evil, establish prayer and pay charity, and obey God and God's messenger. It is they who will be shown God's mercy. Surely, God is Almighty, All-Wise. Quran (9:71).
The teachings of Prophet Muhammad (pbuh) also enshrine the belief that women and men are equal:
"Women are the equal counterparts of men." (reported in the hadith books of Abu Dawood and others).
It is therefore clear that Islam, as taught to us through the Quran and the teachings of Prophet Muhammad (pbuh), views women as equal counterparts of men. So when we see women's rights being taken away and infringed upon, we must recognize that such practices are based on tribal customs or ancient traditions, and are not part of Islamic teachings. Even if certain passages are cited or taken out of context in order to justify taking away women's rights, it must be recognized that this does not represent Islam. As mentioned earlier, Islam is a complete way of life that is intended to be taken as a whole and applied fairly and justly to societies. And one of the core principles of Islam is to give every person their rights, whether they are a man or woman, and to prevent harm from being inflicted on any person, whether they are a man or a woman.
Conclusion
As Muslims, we are taught to stand up for justice and human rights at all times. We cannot accept the infringement of anyone's rights. Women's rights are human rights, and therefore as Muslims we must be at the forefront of defending women's rights. Islam recognizes that there are distinctions between men and women. So while Islam does not see men and women as being the same, it certainly teaches that they are equal in the sight of God. Women must therefore be treated as equal counterparts to men in law and in society, in accordance with their roles and responsibilities as outlined in authentic Islamic teachings.