Status of Women in Islam

A's post [Joys of Muslim Women by freemenow / Nonie Darwish] about the status and condition of muslim women is a classic case of the use of media to misrepresent and place the blame on Islam for the actions of individuals. People across ages, cultures and civilizations have misused religion and laws to serve their own vested interests. Whether the story reported is or not true, the article must have raised a few questions and misgivings about Islam and its treatment of women. Before I go on to state the position of Quran on the issues, let me point out a few things which are crucial to the discussion:
The primary source of guidance in Islam is the Quran (arabic), which all muslims, no matter which sect they may or may not belong to, agree to be the very word of God. The Shariah (Laws) dictated by God, in the Quran are very few.
Shariah, as a broad term, is applied to the collection of juristic interpretations based upon historical evidences, as recorded and applied over a period of time, extending a few centuries after the Prophet's death. They are prone to human errors of judgement, transmission, recording and application without context.
There are Muslims who just take the Quran as their source of guidance, others who take it as the primary source of guidance while recognizing the hadith and shariah as secondary and tertiary sources, whereas others give more or less just an equal weightage to all three.
Those who subscribe to the ideology of certain sects, adhere to the collection of the hadith and shariah which their sect deems to be most authentic. Thus, from the wide range of works, different groups chose some overlapping and some totally different works, thus opinions, understanding and application vary.
I, for one, take the Quran to be the primary source of guidance. Though I recognize the collection of hadith and jurisprudence as a rich collection of historical data, it is just that. These are human recordings based on human understanding and memory, and as such need careful scrutiny before acceptance.
Furthermore, it would do well to remember that all religious texts have been corrupted by human interpolations over time. As God has Himself taken the responsibility of protecting the arabic Quran from changes, poeple with a different agenda have put in a lot of objectionable, questionable material in the secondary and tertiary sources. Those who are naive enough to take these sources as also authentic run the risk of being misguided, especially when they do not cross-check its consistency with the Quran.
Another important point is that religion and those who profess it are two different entities. Those who profess to follow a certain religion may or may not be good examples of the religion itself. Therefore, all religions need to be examined on their own merit instead of taking the actions of a few to be respresentative of the beliefs and teachings of the religion.
Now to briefly explain my understanding of the issues raised, as I understand and interpret the Quran.
Islam envisages women not as objects to be sought or bought, but rather as individuals who play a very valuable and fundamental role in society. Islam does not allow sex outside marriage. Marriage is a sacred institution, and is supposed to be a source of peace for the spouses. As women have been exploited over ages, across cultures and religions, Islam specifically orders muslim men to give their wife a gift money at the time of marriage as a form of security, which is her's and the muslim man cannot ask it back ever, even if he has given her a treasure, even if he's divorcing her.
The concept of paying the family is cultural, finding its origins in non-muslim traditions. That it has sadly crept in the practice of some muslim families does not make it Islamic.
The right to give divorce has been given to men, and the right to ask for a divorce has been given to women. The arabic term for this right of women is 'khula'. As men have been given a degree over women (in familial administrative matters), therefore it logically extends that he has the right to dissolve the marriage, though the Quran details conditions such as witnesses(two persons from among them, endued with justice, to establish the evidence) of both the spouses who will try to reconciliate / discuss on behalf of the individual why the marriage should or should not be dissolved. Similarly, if a woman wishes to end her marriage, she can also request it, and the same process is to be ideally followed. Islam places a great emphasis on the pivotal role a proper family unit plays in the life of individuals and seeks to minimize the number of broken homes in society. Thus, divorce/separation and reconciliation is allowed two times, but if the spouses recourse to divorce a third time, then they may no longer be united again, as marriage is not a game to be taken lightly.
The concept of child marriages finds its origins in weak traditions which purport that the Prophet married Ayesha when she was only nine years old. This is not true, and scholars have researched and established that she was around 19 or 20 years old at the time of consummation of marriage. Furthermore, the Quran exhorts muslims to obey the law of the land as well, thus since all modern nations have a minimum marriagable age, child marriages are absolutely out of the question. That its practiced by certain people does not mean its okay or islamic.
Human life is sacred. Honour killings are an evil practiced by certain groups of people in the name of the religion, though it has no basis in the religion, rather is totally reprehensible.
Islam attaches great importance to a woman's honour and good name. Thus to make it absolutely difficult, Allah has indeed made it extremely difficult for anybody to accuse anybody else for adultery. To even admit the case in court you need atleast 4 witnesses, how is it possible to get 4 witnesses for such a thing? Then again, if the accusation is found to be false, the accuser is to be flogged with eighty stripes, and never again is his testimony to be accepted throughout his life! And if a person accuses his/her spouse of adultery, he/she is required to take oath 4 times that the accusation is true, and a fifth oath that if he/she is lying, may the wrath of Allah fall upon him/her. And then they can go their separate ways in life, with the judgement left to God. Therefore, only the openly promiscuous can be found guilty and punished with a hundred lashes.
Muslim women have played an active role in society right since the Prophet's time, and upto this day. We have female muslim scientists, politicians, engineers, doctors, nurses, etc etc. The only difference is that Islam places women on a higher pedestal than men, not requiring women to earn a living and provide for the family. They can practice whatever trade and profession they wish, but they do not have to. Men are responsible for earning 'the bread', leaving women with the flexibility to be 'stay-at-home mothers' as the need may be. Sadly, very few women in the 'western nations' enjoy such a luxury.
As far as veiling and seclusion is concerned, we are only directed to dress modestly. Different cultures have developed their own concepts of modesty, but veiling or seclusion is not a requirement of Islam. In fact, in the Grand Pilgrimage that the muslims undertake, women are not allowed to cover their faces, and pray and perform all the rites side by side with the men.
Below are the links to some of the answers I've posted earlier on similar and related issues.
http://islam-qna.blogspot.com/2008/11/position-of-women.html
http://islam-qna.blogspot.com/2008/11/to-be-or-not-to-be-equal-comments-on.html
http://islam-qna.blogspot.com/2008/11/to-spankbeat-wives-is-not-crime.html
http://islam-qna.blogspot.com/2008/11/conditional-polygamy-permitted-in-islam.html
http://islam-qna.blogspot.com/2009/11/shariah-law.html
http://islam-qna.blogspot.com/2009/06/shariah-law-and-flogging-as-form-of.html
http://islam-qna.blogspot.com/2009/08/intolerance-and-misuse-of-religion.html
http://islam-qna.blogspot.com/2010/03/comments-on-islam-muslims-terrorism-and.html
http://islam-qna.blogspot.com/2008/12/scientific-accuracy-of-hadith.html
http://islam-qna.blogspot.com/2008/11/which-hadith-should-we-follow.html

Shariah Law

Question: "What is Sharia Law?" What authority does it have in Islam? Is it based upon the Quran or upon some other holy scripture? Is it Sharia Law that dictates theocratic rule of nations?

Answer: The Quran contains very few direct laws which basically comprise the Shariah of Allah. Other than that, based on the recorded practice of the Prophet and the new legal situations as they arose, jurists tried to formulate laws based on their knowledge of the Quran, Hadith and Law itself. These have, over the years, come to be regarded as the Shariah Laws. There is a debate among Muslims as to whether these jurists' laws, as formulated centuries ago, are directly applicable to all people at all times, or whether they are open to further improvement based on the fundamental directives in the Quran, and the current situations specific to our time and age. The Shariah Laws thus have various versions depending on the works of different jurists, and thus the Shariah Laws in use in Saudi Arabia are slightly different from the ones in Iran.
Also, for a broader perspective on Shariah, check out http://khalidzaheer.com/essays/kzaheer/islamic%20shariah/what_is_islamic_and_what_is_not.html

Shariah Law and flogging as a form of punishment

Question: I just want the opinion of all members of the recent implementation of 'Sharia Law' in sawat. Not the forget, the infamous video of flogging a girl.

Answer: We had a brief discussion on ideal Islamic state and shariah law in our Quran class the other day. Our teacher was of the opinion (or so I understood) that there is no such thing as an ideal state, as there always will be something better than an existing state, and thus there can never be a perfect state….. so instead of dreaming of an ‘ideal Islamic state’, we should simply strive, continuously, to improve our current state.As for the Shariah Laws, his opinion was that Allah has provided us with guidance (in the Quran) for only about five things, which as humans we would probably get confused about, and not be able to formulate the correct laws based on our human faculties. The rest, which are known as Islamic Shariah Laws, were formulated much much later, for political reasons.
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As for flogging, my understanding from the Quran (see below) is that Allah has indeed made it extremely difficult for anybody to accuse anybody else for adultery. To even admit the case in court you need atleast 4 witnesses, how is it possible to get 4 witnesses for such a thing? Then again, if the accusation is found to be false, the accuser is to be flogged with eighty stripes, and never again is his testimony to be accepted throughout his life! And if a person accuses his/her spouse of adultery, he/she is required to take oath 4 times that the accusation is true, and a fifth oath that if he/she is lying, may the wrath of Allah fall upon him/her.

Given the above conditions, it is indeed extremely difficult, if not impossible to launch such accusations. Also, I don’t see how except the openly promiscuous would suffer such a fate, and then again, after one or two such punishments, how many would be left in society who would dare do such a thing, especially openly? I think the hudood and zina laws as implemented in Pakistan is simply a mockery of religion, and an additional tool for the oppressors to further their oppression.

Surah Noor ayat 1-10
1 A sura which We have sent down and which We have ordained in it have We sent down Clear Signs, in order that ye may receive admonition.
2 The woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment.
3 Let no man guilty of adultery or fornication marry and but a woman similarly guilty, or an Unbeliever: nor let any but such a man or an Unbeliever marry such a woman: to the Believers such a thing is forbidden.
4 And those who launch a charge against chaste women, and produce not four witnesses (to support their allegations),- flog them with eighty stripes; and reject their evidence ever after: for such men are wicked transgressors;-
5 Unless they repent thereafter and mend (their conduct); for Allah is Oft- Forgiving, Most Merciful.
6 And for those who launch a charge against their spouses, and have (in support) no evidence but their own,- their solitary evidence (can be received) if they bear witness four times (with an oath) by Allah that they are solemnly telling the truth;
7 And the fifth (oath) (should be) that they solemnly invoke the curse of Allah on themselves if they tell a lie.
8 But it would avert the punishment from the wife, if she bears witness four times (with an oath) By Allah, that (her husband) is telling a lie;
9 And the fifth (oath) should be that she solemnly invokes the wrath of Allah on herself if (her accuser) is telling the truth.
10 If it were not for Allah.s grace and mercy on you, and that Allah is Oft- Returning, full of Wisdom,- (Ye would be ruined indeed).
http://searchtruth.com/chapter_display.php?chapter=24&translator=2

Study from original sources

Q: A few years ago, I mentioned to my wife that all news about Islam was so negative that I wondered what Islam really teaches. She told me there were no secrets and that everything was written in the books. Of course, I had Muslims confirm that these were the best sources and I could buy them from online Islamic bookstores. I searched the Internet to make a list of original source-books on Islam and I purchased these books. I have read the following 20 books:
1. The Quran
2. The authentic traditions of Muhammad (Sahih Hadith) by Bukhari: 9 books
3. A summary of the authentic traditions of Muhammad by (Sahih) Muslim: 2 books
4. Life of the Prophet: oldest biography by Ibn Ishaq
5. Life of the Prophet: Tabari: 4 books
6. Life of the Prophet: Ibn Sa'd: 2 books
7. Shariah book called Umdat as-salik / Reliance of the Traveller of the Shafi'i school (1 of the 4 large schools of Islam recognized by the Al-Azhar university in Egypt). This is not an original source but it is how the Quran, the hadith and the biographies of the Muhammad are interpreted by Muslim scholars and are being turned into laws. This book is incredibly user-friendly and I use it to check my interpretation of the Quran and the Hadith.This Shariah book does not contain any surprises because it is consistent with the Quran and the Sahih Hadith.
After reading these books, I could no longer remain a Muslim. There is no greater insult to Muhammad as a prophet and for Islam as an ideology, than the Quran and the original sources of Islam: books written by Allah and Muslims for Muslims. That is why websites that criticise Islam advise everyone to study Islam from these original sources.What is written in these books is too crazy for words. Many practices that we consider as immoral in the 21st century have been permitted by Muhammad.

A: Only the Quran is Allah’s words and a guidance for mankind. The rest are works of humans……….. whether they were honest mistakes, or deliberate attempts to taint Islam, I do not know, and I shall not judge. But, personally, I can only accept the Quran as the final true revelation of Allah Almighty for my guidance and I find it sufficient enough.