101 Spring 2010, Vol. 11, No.

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Status of Women in Islam:
A Critical Analysis on a Matter of Lquality

Ghulam Hossein Adeel

Introduction
1he status o women in Islam is one o the crucial topics and
dominant themes in the modern era, which theologians hae been
studying. Islam regards men and women as being o the same
essence created rom a single soul. A woman has a completely
independent personality in Islam. In this paper, I will proide an
oeriew o the status o women in Islam in general and then I will
ocus on the issue o equality. One important part o the discussion
will be deoted to clariy the conceptual context and the releant
terminology o the subject o inheritance and to explain certain
rulings o inheritance in Islamic law that may seem at irst glance to
be in conlict with the idea o equality.
Status of Woman in Islam
In the Islamic perspectie, a woman has an honoured position. She
has special respect, loe, aection and gentle eeling along with her
legal and ciil rights.
Is she not the compassionate mother
Is she not the beloed wie
Is she not the aectionate daughter
Message of Thaqalayn 102
102
Actually Islam expresses the best explanation or a woman`s true
image in the ollowing erses rom the Qur`an:
\e hae enjoined man to be kind to his parents.
Iis mother has carried him in traail, and bore him
in traail, and his gestation and weaning take thirty
months. \hen he comes o age and reaches orty
years, he says, My Lord! Inspire me to gie thanks
or \our blessing with which \ou hae blessed me
and my parents, and that I may do righteous deeds
which may please \ou, and inest my descendants
with righteousness. Indeed I hae turned to you in
penitence, and I am one o the muslims.` ,46:15,
\our Lord has decreed that you shall not worship
anyone except Iim, and |Ie has enjoined[ kindness
to parents. Should they reach old age at your side -
one o them or both- do not say to them, lie!`
And do not chide them, but speak to them noble
words. Lower the wing o humility to them, out o
mercy, and say, My Lord! Iae mercy on them, just
as they reared me when I was |a[ small |child[!`
,1:23 & 24,
Do not coet the adantage which God has gien
some o you oer others. 1o men belongs a share o
what they hae earned, and to women a share o
what they hae earned. And ask God or Iis grace.
,4:32,
Similar to the Qur`an, the Prophetic hadiths also emphasize the
honour and respect o women within such a rame o loe,
endearment and aection. 1his is especially true when the hadiths
teach about the mother, the wie and the daughter. lor example, the
Prophet said:
Obsere your duty to God in respect to the women,
and recommend them to be well treated.
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Ie also said:
I do not think that a man gets better in aith without
loing women better.
2

1he Prophet had a daughter whom he loed ery deeply and
tenderly. Ie used to say: latimah is a part o me, whoeer wrongs
her wrongs me and who pleases her pleases me.`
3
Ie isited her
requently, and on his return rom any journey he called on her irst
beore going to his own home. \heneer she approached, his eyes
glowed with joy. Ie would take her in his arm, kiss her warmly and
oer her his own seat. Indeed this kind, tender pattern is an ideal
model or mankind.
A man came to the Prophet and asked him, O messenger o God!
\hom should I be more dutiul to` 1he Prophet replied: 1o your
mother.` Ie asked, then to whom. 1hen he replied: 1o your
mother.` 1he man again asked, then to whom. 1hen the Prophet
replied: 1o your ather.`
4

Lquality
Islam considers both men and women equally human and grants
them equal human rights. 1hough their tasks and unctions may
sometimes dier, they both hae opportunities or achieing
perection and closeness to God. 1he ollowing erses rom the
Qur`an and sayings o the Prophet support this argument. lor
example, God says:
O mankind! Indeed \e created you rom a male and
a emale, and made you nations and tribes that you
may identiy with one another. Indeed the noblest o
you in the sight o God is the most Godwary among
you. Indeed God is All-knowing, All-aware. ,49:13,
O mankind! Be wary o your Lord who created you
rom a single soul, and created its mate rom it, and,
Message of Thaqalayn 104
104
rom the two o them, scattered numerous men and
women. ,4:1,
Also Prophet Muhammad ,S, said:
All people are equal, as the teeth o a comb. 1here is
no claim o merit o an Arab and non-Arab, or a
white oer a black person, or a male oer a emale.
Only Allah-earing people merit a preerence with
God.
5

1he most important sources in Islamic thought i.e the Qur`an and
Sunnah both coner the great message o uniersal equality among
all mankind. 1he aboe texts are just a ew examples and there are
many more aailable. Apart rom this, there are hundreds o erses
which take the orm o address: O mankind, or O belieer`
which reer to both men and women. Both hae similar duties to
perorm, or instance prayer, rituals, asting, to command to good
and to prohibit rom eil. Moral irtues such as tolerance,
truthulness, honesty are required rom both. According to Islam,
personal superiority is only based on piety.
Islam's regard or women is not simply giing her a chance to
surie. Muslims, men and women, are told to seek knowledge and
education whereer they ind it and to use this knowledge to help
ellow human beings. 1his is a duty about which they will be
questioned on Judgement Day. Iistory tells us about the immense
contribution o Muslim women to the community. One lady i.e. the
Lady Khadijah, daughter o Khuwaylid, and one young boy were
the irst to beliee in Islam. Lady Khadijah was a great supporter o
Islam and the Prophet.
An analysis of equality
1here are our logical characteristics o equality, which are crucial in
Qur`anic perspectie:
1. Lquality in religious matters,
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2. Lquality in ethical obligations and rewards,
3. Lquality in education,
4. Lquality in legal rights.
I. Lquality in religious matters
1he Qur`an commands equality or men and women regarding
religious obligations and rewards. \e read:
Indeed the muslim ,or submissie, men and the
muslim ,or submissie, women, the aithul men and
the aithul women, the obedient men and the
obedient women, the truthul men and the truthul
women, the patient men and the patient women, the
humble men and the humble women, the charitable
men and the charitable women, the men who ast
and the women who ast, the men who guard their
priate parts and the women who guard, the men
who remember God greatly and the women who
remember |God greatly[-God holds in store or
them orgieness and a great reward. ,33:35,
II. Lquality in ethical obligations and rewards
Secondly, the Qur'an reeals to mankind the desired equality o the
two sexes by establishing the same ethical obligations and rewards
or women and men:
And whoeer does righteous deeds, whether male or
emale, should he or she be aithul -such shall
enter paradise and they will not be wronged |so
much as[ the speck on a date-stone. ,4:124,
\hoeer acts righteously, |whether[ male or emale,
should he be aithul, -\e shall reie him with a
Message of Thaqalayn 106
106
good lie and pay them their reward by the best o
what they used to do. (16:9)
I God had not deemed the two sexes o equal status and alue,
such explicit statements o their equality in ethical obligations and
rewards would not hae been made in the Qur'an.
III. Lquality in education
Although the more speciic commands or the equal rights o
women and men to pursue education can be ound in the hadith
literature, the Qur'an does at least imply the pursuit o knowledge
by all Muslims regardless o their sex. lor example, it repeatedly
commands all readers to read, to recite, to think, to contemplate,
and as well as to learn rom the signs ,D\W, o God in nature. In
act, the ery irst reelation to Prophet Muhammad ,S, was
concerned with the message o knowledge.
In the Qur`anic perspectie there can neer be a restriction o this
knowledge to one sex. It is the duty o eery Muslim man and eery
Muslim woman to pursue knowledge throughout lie, een i it
should lead the seeker to China,` we are told. 1he Prophet een
commanded that the slae girls be educated, and he asked Shia'
bint Abdillah to educate his own wie - Iasah bint Umar.
Audiences o both men and women attended lectures o the
Prophet, and by the time o the Prophet's death, there were many
women scholars.
6

IV. Lquality in legal rights
A ourth eidence in the Qur'an or the equality o men and women
is its speciication o legal rights which are guaranteed or eery
indiidual rom cradle to grae. 1he Qur'an proclaims the right o
both women and men in enjoying ull legal rights. She may buy, sell,
earn a liing and manage her own money and property. In Islam the
woman has a legally independent personality and her obligations are
independent rom those o her ather, husband or brother. 1hus,
107 Spring 2010, Vol. 11, No. 1
107
the woman in Islam enjoys all rights and is treated equal to man in
this respect.
In addition to these rights, the Qur'an grants the woman a share in
the inheritance o the amily ,4:-11, and warns against depriing
her o that inheritance ,4:19,, speciies that the dowry ,PDKU, o her
marriage should belong to her alone and neer be taken by her
husband ,2:229, 4:19-21 & 25, unless presented by the woman
hersel as a ree git ,4:44,.
As with any priilege, these rights o women carry corresponding
responsibilities. I she commits a ciil oence, the Qur'an tells us, a
woman's penalty is no less or no more than that o a man in a
similar case ,e.g. 24:2,. I she is wronged or harmed, she is entitled
to compensation just like a man.
It is clear that the Qur'an not only recommends, but is also insistent
upon, the equality o women and men as an essential characteristic
in the Qur'anic perspectie.
A critical analysis of equality
1here are some discussions about a woman`s equality in her
inheritance, education and social rights. As we hae already
discussed, the religion o Islam has clearly required that equality has
to be exercised regardless o the physical gender. Ioweer, there
may be a dierence between the theory o Islam and the practice o
Muslims. In order to understand what Islam has established or
woman, there is no need to look at wrong customs that may exist in
some Muslim societies.
Objectiely, religion means humanity, not cruelty or brutality.
Ioweer, some cultures may hae just a mask o Islam but in reality
there are some local cultural problems behind the mask. lor
example, one writer says:
Men`s energies should be expended in worship,
religious actiities and in the search o knowledge.
Message of Thaqalayn 108
108
1his is to be attained by making women deote
themseles to sering their men in the home,
preparing ood and drink, washing, cleaning and
caring or the children and elderly.

Ioweer, the aboe ideas are not related to genuine Islamic
perspecties as demonstrated in the Qur`an and Iadith. 1his writer
has just reerted back to pre Islamic culture. Based upon the aboe
texts rom the Qur`an and Sunnah, these ideas are not plausible. I
we were to ask the writer, where are these characteristics in the
Qur`an and Iadiths` we will be assured o a silence that would
speak olumes.
According to Islamic point o iew, a woman has no obligation to
prepare ood and drink, wash and clean or her husband or his
amily. O course, husbands and wies who orm a amily, should
share and care to maintain amily lie with mutual understanding.
In the case o inheritance, the question o equality is ully applicable.
In principle, both man and woman are equally entitled to inherit the
property o the deceased relation but the portions they get may
ary. In some instances man receies two shares whereas woman
gets only one. 1his is no sign o giing preerence or supremacy to
man oer woman. 1he reasons why a man gets more in these
particular instances may be classiied as ollows:
lirst, a man is solely responsible or the complete maintenance o
his wie, his amily and any other needy relations. It is his duty by
Law to assume all inancial responsibilities and maintain his
dependants adequately. It is also his duty to contribute inancially to
all good causes in his society. All inancial burdens are borne by him
alone.
In contrast, a woman has no inancial responsibilities whatsoeer
except ery little o her personal expenses, e.g. the high luxurious
things that she likes to hae. She is inancially secure and proided
or. I she is a wie, her husband is the proider, i she is a mother,
it is the son, i she is a daughter, it is the ather, i she is a sister, it is
109 Spring 2010, Vol. 11, No. 1
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the brother, and so on. I she has no relations on whom she can
depend, then there is no question o inheritance because there is
nothing to inherit and there is no one to bequeath anything to her.
Len i she has no one to look ater she will not be let to stare,
maintenance o such a woman is the responsibility o the society as
a whole and the state. She must be gien aid or a job to earn her
liing, and whateer money she makes will be hers. So, in the
hardest situation a woman`s inancial responsibility is limited, while
a man`s inancial responsibility is unlimited.
Secondly, she is not actually depried o anything that she has
worked or. 1he property inherited is not the result o her earning
or her endeaours. It is something coming rom an external source,
something additional or extra. It is something that neither man nor
woman has struggled or. It is a sort o aid, and any aid has to be
distributed according to the urgent needs and responsibilities
especially when the Law regulates the distribution.
Lqualities or similarities
1his argument is based on the ground that human dignity being
common to man and woman, they both must enjoy the same rights.
In this connection, the point worth considering is whether on the
basis o human dignity they both should hae equal rights without
any discrimination, or they both should hae the same rights
irrespectie o their dierent roles in lie. No doubt, human dignity
being common to them, they both should hae equal rights. But
what about the similarity o their rights
I we think deeply and consider ery careully, the irst question,
which comes to mind, is whether equality o rights really means
their similarity also. In act, they are two dierent concepts.
Lquality means a condition o being equal in degree and alue,
whereas similarity means uniormity. It is possible that a ather may
distribute his wealth among his three children equally, but not
uniormly. Suppose his wealth consists o seeral items such as a
commercial store, some agricultural land and some property, which
has been leased out. 1aking into consideration their respectie tastes
Message of Thaqalayn 110
110
and aptitudes, he gies the store to one, the agricultural land to
another and the leased property to the third. Ie takes care that what
he gies to each o them should be o air alue and at the same
time should suit their aptitude. 1hus he distributes his wealth
equally, but not uniormly.
Quantity is dierent rom quality, and equality is dierent rom
uniormity.
Islam does not beliee in uniormity between man and woman. But
at the same time it does not gie preerential treatment to men, in
the matter o rights. It has obsered the principle o equality
between man and woman, but it is opposed to the uniormity o
their rights.
No doubt, Islam has not in all cases accorded similar rights to man
and woman. But it has not also prescribed similar duties and similar
punishments or the two sexes. Ioweer, the total alue o the
rights accorded to women is not less than that o the rights
accorded to men. \e propose to proe this point.
Iere the question arises as to \hat is the reason behind certain
cases o dissimilar rights \ould it not hae been better, had their
rights been similar, as well as equal` 1here are two points and two
reasons that their rights are not similar to each other`s.
lirst: 1he Islamic iew o the position o woman rom the angle o
her nature.
Second: 1he eect o the physical disparity between man and
woman.
One may argue that physical disparity as a reason to make them
dissimilar in the matter o rights does not seem plausible, because
physical disparity has no concern with the matter o rights. lrom
the Islamic point o iew they are both human beings and, as such,
enjoy equal rights. 1he point which is worth considering is that man
111 Spring 2010, Vol. 11, No. 1
111
and woman are dissimilar in many respects. 1heir ery nature does
not want them to be similar.
1his position demands that they should not be similar in respect to
many rights, obligations, duties and retributions. lor instance an
attempt is being made at present to make their rights and
obligations uniorm, but how can we ignore their natural and innate
dierences.
1hroughout history and all oer the world there are clear examples
o injustice to woman. \e must say that it is essential that the
position o woman should be reiewed, and the abundant rights,
which Islam has granted her, should be understood and
implemented. Rights throughout history which hae been denied to
her should be restored to her. \hat we claim is that non-similarity
o rights between man and woman, within such limits as are
required by the disparity between their natures, is more in keeping
with justice. It meets the requirement o natural rights better,
ensures domestic happiness better and pushes society orward on
the path o progress better.
According to the Islamic perspectie, it is proen that equity
demands that in each case the law should hae a particular orm.
1hat ery orm will be the legal orm irrespectie o any other
argument to the contrary, or according to the basic teachings o
Islam the law must, in no case, inringe natural justice and basic
rights. 1he Muslim scholars, by expounding the principle o equity,
laid the oundation o the philosophy o rights, though due to some
unhappy historical eents they could not continue the good work
started by them. In this regard, Ayatollah Mutahhari says:
It was the Muslims who, or the irst time, paid
attention to the question o human rights and the
principle o equity, and set them orth as original
and sel-existing principles unaected by any
contractual law. 1he Muslims were the pioneers in
the ield o the inherent natural rights. But it was so
destined that they could not continue their work and
Message of Thaqalayn 112
112
ultimately, ater eight centuries, it was urther
deeloped by Luropean intellectuals and
philosophers, who appropriated the credit or it. 1he
Luropeans brought social, political and economic
philosophies into existence, and acquainted the
indiiduals, societies and nations with the alue o
lie and human rights.
8

Also, apart rom historical reasons, there was a psychological and
regional reason which preented the Muslims in Lastern countries
rom pursuing the question o inherent rights. In reality they did not
pay attention to rights in general, and in particular, to the inherent
rights.
1he Last is enamoured o morals and the \est o rights. It is one
o the dierences between the spirit o the Last and the spirit o the
\est. 1he man o the Last is more sentimental and beliees that he
should be orgiing, chialrous and philanthropic. But the man o
the \est thinks that as a human being he should know and deend
his rights and must not allow others to iolate them.
Iumanity needs morals as well as rights. Neither o them, on its
own, can be the criterion o high human qualities.
Islam has had, and still has, the signiicant distinction o
simultaneously paying attention to both morals and rights. In Islam
sincerity, orgieness and irtue are sacred moral qualities. At the
same time consciousness o one's rights and the preparedness to
deend them, are also equally sacred and human.
Neertheless, the Lastern spirit has been dominant with the
Muslims, and consequently, though in the beginning both morals
and rights engaged their attention, gradually the ield o their actiity
became conined to morals.
113 Spring 2010, Vol. 11, No. 1
113
Conclusion
Islam attaches great importance to equality, liberty and human
dignity and respects human rights. Lery human being is a member
o the same amily. 1he rights and responsibilities o a woman are
equal to those o a man but they are not necessarily identical with
them. Lquality and similarity are two quite dierent things. 1his
dierence is understandable because man and woman are not
identical but they are created equals. \ith this distinction in mind,
there is no problem. It is almost impossible to ind een two
identical men or women.
Islam recognises a woman as a ull and equal partner o a man
in the procreation o humankind. Ie is the ather, she is the
mother, and both are essential or lie. Ier role is no less ital
than his.
She is equal to man in bearing personal and common
responsibilities and in receiing rewards or her deeds. She is
acknowledged as an independent personality, in possession o
human qualities and worthy o spiritual aspirations.
She is equal to man in the pursuit o education and knowledge.
\hen Islam enjoins the seeking o knowledge upon Muslims, it
makes no distinction between man and woman.
Islam grants a woman equal rights to sign contracts, and to earn
and possess independently. Ier lie, her property, her honour
are as sacred as those o man. I she commits any oence, her
penalty is no less or more than o man in a similar case. I she is
wronged or harmed, she gets due compensation equal to what a
man in her position would get ,the Qur`an 2:18, 4:45, 92 & 93,.
Apart rom recognition o woman as an independent human
being acknowledged as equally essential or the surial o
humanity, Islam has gien her a share o inheritance.
Message of Thaqalayn 114
114
\oman enjoys certain priileges o which man is depried. She
is exempt rom some religious duties i.e. prayers and asting, in
her regular periods and at times o coninement. She is exempt
rom all inancial liabilities. As a mother, she enjoys more
recognition and higher honour in the sight o God ,31:14-15,
46:15,. 1he Prophet acknowledged this honour when he
declared that Paradise is under the eet o the mother. She is
entitled to three-ourths o the son's loe and kindness with
one-ourth let or his ather. As a wie she is entitled to
demand o her prospectie husband a suitable dowry that will
be her own. She is entitled to complete proision and total
maintenance by the husband. She does not hae to work or
share with her husband the amily expenses. She is ree to
retain, ater marriage, whateer she possessed beore it, and the
husband has no right whatsoeer to any o her belongings. As a
daughter or sister, she is entitled to security and proision by
the ather and brother respectiely. 1hat is her priilege. I she
wishes to work or be sel-supporting and participate in handling
the amily responsibilities, she is quite ree to do so, proided
her integrity and honour are saeguarded.

1
Al-Iarrani, 7XKDIDO8TXODQ$DOLDO5DVXO, p. 30.
2
Al- Kulayni, $O.IL, ol. 2, p.159.
3
See e.g. Ibn Majah, 6XQDQ, ol. 1, p.644. 1his hadith can be ound in many
others sources.
4 Al- Kulayni, $O.IL, ol. 2, p.159. Ibn Majah, 6XQDQ, ol. 11, p.120.
5
Ahmad b. Ianbal, $O0XVQDG, ol. 6, p. 411.
6
Lois Lamya' al-l'aruqi, \omen in Qur`anic Society` in $O7DZKLG, ol. 1. 1his
article can also be ound in the book: 6WDWXVRI:RPHQLQ,VODP, ,1984: Sepehr,, Ch.
3, p. 51.

Nawal Saadawi, 7KH+LGGHQ)DFHRI(YH/RYHDQG6H[LQWKH/LIHRIWKH$UDE, Ch. 16,

p. 144.
8
Murtaa, Mutahhari, :RPDQ DQG +HU 5LJKWV, Chapter: \oman in the Qur`an,`
,Qum: Ansarian Publications,.