‘I will not let go waste the deed of a worker amongst you- male or female, one of you being from the other’ (3: 195)
The equal status of sex is thus recognized in spiritual matters and they are also equal in their rights to live an honourable life.
The position of women as mother is highly exalted and, according to the Prophet, ‘Paradise lies underneath the feet of mothers’ and man is enjoined to be kind to his parents and particularly to the mother who bore him in pain and in pain did she give him birth (46 : 15).
As reported by both Bukhari and Muslim, when a man asked the Prophet as to who had the first claim to his good treatment, ‘mother’ was the answer, the same answer was repeated three times and he thereafter said ‘then your father’.
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So far as wife is concerned the Quaran says: ‘Live with them on a fooling of kindness and equity’ (4:19), and as reported by Trimidhi the Prophet said: ‘Best among you is he who is good to his wife.’
In his memorable address on the occasion of Farewell Pilgrimage or Hajj, the Prophet called upon men to be kind to women and pay heed to their rights:
‘Ye people 1 ye have rights over your wives, and your wives have rights over you. Treat your women with kindness-verily, ye have taken them on security of God, and made them lawful unto you by the words of God.’
Islam is just a practical system of life while giving to women their rights it does not lose sight of their nature, and differentiates between man and woman when such differentiation becomes necessary according to their nature and the functions which they have to perform in life.
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‘Men are the maintainers of women because of what Allah has made some of them excel others and by reason of what they spend out of their wealth (4: 34).
This point to the duties of wives, foremost among them is to guard their virtues and remain obedient to their husbands and also to protect their interests in their absence as ordained by God.
The duties of a wife as above are in response to the duties of her husband towards her as he is responsible for food, clothing and other needs.
In some of the cases it seems that the husband enjoys some authority over his wife but she has the right to demand divorce of him if she fears ill-treatment of her husband.
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In this case, she should give back to her husband the dowry she received from him as the husband too, in the event of divorcing his wife, has to forego all that he gave her.
The marriage may be dissolved if she proves before the court that she has been ill-treated by the husband or he failed to give sustenance allowance agreed upon between them.
The most effective weapon is to secure the right to divorce from her husband at the time of entering into marriage contract with him.
It must be borne in mind that woman is created by God as a mate for man:
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‘And one of the signs is that He hath created for you mates of your own species that ye find comfort in theircompany; and (with that end in view) hath put between you love and tenderness (30 : 2!).
Man and wife are so closely attached to each other that they are treated each other’s garments (2: 187). In other words, they are for mutual support, mutual comfort, and mutual protection, fitting into each other as garment fits the body.
Woman, as such, is allowed to have husband of her own choice and cannot be given in marriage without her consent. The Prophet, as reported by both Bukhari and Muslim, has said:
‘No widow should be married without consulting her; and no virgin without her consent and her consent is her silence. The marriage is dissolved if she declared that it was without her consent.’
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Unlimited number of wives of the pre-Islamic period was limited to four only and that too under strict condition.
The door for polygamy is left open to meet emergencies. War, for instance, takes a heavy toll of men and the balance between the sexes is seriously shaken, or the wife falls sick for an unlimited period and sometimes the disease becomes incurable so as to render the sexual union impossible and it is in such cases that polygamy becomes a social necessity.
With regard to the right of women to work and move in public, it may be said that Islam does not forbid them but they are not supposed to abandon themselves to promiscuity and make a display of their figure or appear in undress.
History bears witness to the fact that in the days of the Holy Prophet and those of the rightly- guided Caliphs women took an active part in life.
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They worked as nurses, teachers, and engaged themselves in such professions as suited them but they were, at the same time, bound to observe strictly the rules of morality and never to mix with men indiscriminately.
Modesty, according to the Prophet is the branch of faith; hence, the need for modesty is the same in both men and women. But on account of the differentiation of the sexes in nature, temperaments, and social life, a greater amount of privacy is required for women than men:
‘Say to the believing men that they should lower their gaze (before women) and guard their modesty; that shall make for greater purity for them; and God is well-acquainted with all that they do’ (24 : 30).
‘And say to the believing women lhat they should lower their gaze (before men) and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof and draw their veils over their bosoms’ (24: 31).
The chastity of women is, therefore, greatly stressed in Islam. The more so, because women are the sole breeders of the offspring and their character has a direct efTect upon them.
The respect, in which women are held in Islam, is manifest in the fact, that one who accuses them of immorality and does not prove it is liable to the punishment of eighty lashes and also declared unworthy of giving evidence before a court of justice (in addition to Divine punishment in the Hereafter).
There may be a question: Why should women be treated as inferior to man with regard to inheritance and evidence?
So far as the law of inheritance is concerned the shares of different heirs vary according to individual circumstances but it cannot be denied that there is a principle according to which the male gets twice the share of the female:
‘A male shall have as much as the share of two females’ (4: II).
The inequality between male and female is due to the fact that the female, in addition to what she inherits, is entitled to dowry from her husband over and above her maintenance allowance. Further, she has lesser obligations to fulfil than those of man.
Mat is of the sterner sex and, as such, has to struggle for life, earn livelihood and maintain his family. It is here that there is a distinction between man and woman.
They are, no doubt, equally important component parts of society; but their functions in life differ which make a difference between them.
The physical constitution which benefits a woman for her specialized functions of conceiving and suckling is not the same for man. Man is tough and hardy, while woman is weak and emotional.
She is often overcome by emotions and cannot maintain the balance of mind. The evidence of two women is, therefore, equivalent to that of one man, for if the one (of the two women) erreth the other will remember (2: 282).
In the end, we have to say that Islam takes into consideration the rights of even a non-Muslim wife of a Muslim. Muslims are allowed to marry such women as belong to the people of the Book (e.g., Christian and Jewess). Such wives are allowed to retain their religion throughout their life:
‘There being no compulsion in religion (2: 256).The economic and political systems, as specified above point to the fact that they are free from extremes and possess all the qualities of a morally good life which discards everything that is evil and follows the principles of justice.
Three steps are mentioned so far as family disputes are concerned:
‘As for those (women) on whose part ye fear rebellious attitude, admonish them, and keep away from them in their beds and chastise them; but if they obey you, seek not a way against them. Verily Allah is High, Great’ (4: 34).
Here, it may be noted that according to Shafii some slight physical correction may be administered if suspension of sex relations is not sufficient to correct the wife, while all authorities are unanimous in depreciating all sorts of cruelty. According to Bukhari, the Prophet said:
‘Let none of you scourge his wife the scourge of camel and then towards the end of the day have intercourse with her.’
Men are ordained to live all their life in the presence of God, never seeking occasion to annoy their wives if they are obedient. An excellent plan to settle family disputes is given in the very following verse:
‘And if you fear a breach between them (the couple) set up an arbiter from his household and an arbiter from her household; (then) if they desire reconciliation, Allah will affect harmony between them. Verily Allah is All-Knowing, All-Aware’ (4: 35).
In its capacity to absorb all that is good in life and foster good human relations, Islamic social system is excellent and unparalleled in human history.