Al-Qur'an 4:34 - a circular debate

AZ copied me in an email discussion he was having with someone. Part of the message quoted verse 4:34, and so I commented which led to the following exchange: 

Excerpt of AZ's email I was copied in: ...What do you find wrong in Surah 4 : Ayat 34 -"Men are the protectors of maintainers of women, because Allah has made one of them to excel the other and because they spend to support them from their means" ------ and all that follows after that ... 

My comment: My interpretation of the verse 4:34 

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 

AZ: What you say is correct and what I said is also correct. No where have I used the word 'inferior'. Please understand that Allah has assigned different duties for both which you have rightly mentioned too. In the eyes of Allah both are equal in deeds. A good act will receive the same reward for both; and an evil act will be punished accordingly for both. Since you go into details of a woman's position, being a women, can you answer one question- why did Allah not appoint woman as a Prophet. Why are all the Prophets  men and not a single woman? Why are two witnesses  required  from women as against only one from men in matters that requires witnesses ? 

My response: Thank you for agreeing with my interpretation. Yes, you did not use the word inferior - I had posted these on my blog in 2008 in response to someone else's post in a different list. Since it was relevant to your email, therefore I shared the links with you. 

Yes, I agree, all men and women are equal in terms of deeds and consequent rewards in the Hereafter, as clearly indicated in several verses: http://quran.com/4/124 , http://quran.com/16/97 , http://quran.com/33/35 , http://quran.com/40/40 , http://quran.com/47/19 , http://quran.com/48/5 , http://quran.com/57/12 , http://quran.com/57/18 and http://quran.com/85/10 

As regards the questions you have posed: 

a) why did Allah not appoint woman as a Prophet. Why are all the Prophets  men and not a single woman?  

Answer) I think, Allah knows best, that as the most precious job of the continuity of human kind (child bearing) has been assigned to women, thus women have not been overloaded with any other responsibility. Also, in the Quran chapter 66, where Allah is specifically giving example of believers and disbelievers, Allah chooses to present the example of women in both cases; the two exemplary believers worthy of mention for their belief as examples for all believers are the wife of Pharaoh and Mary, daughter of Imran: http://quran.com/66/11-12 

This may also be of interest: http://signsandscience.blogspot.com/2015/06/mission-of-messengers.html 

b) Why are two witnesses  required  from women as against only one from men in matters that requires witnesses?

Answer) Number of witnesses have been prescribed for specific cases clearly described in the relevant verses: 

Two male witnesses or one male and two female witnesses are required only in cases where debts are contracted: http://quran.com/2/282 

In cases of zina, four witnesses are required for the case to be admissible to court: http://quran.com/24/4 If the person lodging the accusation is unable to produce four witnesses, the accuser is to be punished, and their testimony not accepted ever after. 

In cases where one spouse accuses the other spouse, the rules and requirements are equal: http://quran.com/24/6-10 

Further, as punishment for crimes are equal, be it murder [http://quran.com/2/178], theft [http://quran.com/5/38] or adultery [http://quran.com/24/2], therefore, I suppose, in cases other than those two specifically mentioned, male and female witnesses should be considered equal as per the nature of the crime and the witness' presence at the scene. 

And Allah knows best. 

AZ: I am glad that you say Allah knows best.

Two more questions before I give you Allah's decision.

1. Why is a woman not allowed to marry another man while husband is alive and living with her, whereas a man is allowed to marry a second wife while his first wife is alive and staying with

him - that too without any need to take any sort of permission from the first wife ?

2. Why when a man dies his wealth and properties are not equally divided between his children - son gets more than the daughter.

Why? Why?  

My response: 

1. Why is a woman not allowed to marry another man while husband is alive and living with her, whereas a man is allowed to marry a second wife while his first wife is alive and staying with him - that too without any need to take any sort of permission from the first wife ?

Answer) Lineage. 

Also, note that according to the verses 4:2,3,127 of Surah Nisa, conditional polygamy is permitted to provide for the care of orphans, and 4:3 emphasises that only one is better. For explanation, please see: http://islam-qna.blogspot.com/2008/11/conditional-polygamy-permitted-in-islam.html 

I do not know whether permission is or not required. 

2. Why when a man dies his wealth and properties are not equally divided between his children - son gets more than the daughter. Why? Why? 

Answer) A woman is not required to spend from her personal wealth on anyone, including her own self. Since male members of the family are required to spend on the entire family's maintenance, therefore their need for it is greater. Therefore, since women do not have to spend, whatever they inherit is still greater than the male members share, even though it appears to be less. 

And Allah knows best! 

AZ: Yes, of course Allah knows the best. Allah knows the best in every matter - including relations  between men and women= "Men are the protectors and   maintainers of women, because Allah has made one of them to excel the other, and because they spend to support them from their means-------------------------------"

You Mashallah can read the Quran so I don't have to quote the whole Verse Ayat 34 of Surah 4.

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

Position of Women

Q: The humiliating position of womenThey cannot decide whom they get married to and can be divorced any time without any formality. ... or can be exchanged for another woman. Quran 4:20 says:“And if you wish to have (one) wife in place of another and you have given one of them a heap of gold, then take not from it anything; would you take it by slandering (her) and (doing her) manifest wrong?”Women have to obey their husbands and if the husband fears she will not obey she may be beaten. Quran 4:34:" Men are the maintainers of women because Allah has made some of them to excel others and because they spend out of their property; the good women are therefore obedient, guarding the unseen as Allah has guarded; and (as to) those on whose part you fear desertion, admonish them, and leave them alone in the sleeping-places and beat them; then if they obey you, do not seek a way against them; surely Allah is High, Great."Note: "beat them (fem. pl.)" in Arabic, is often translated by "discipline her" or “scourge her” because the translator is obviously too ashamed to use the word beating.One of the four schools of Islam, namely the Shafi'i school, states without shame that the only duty of a woman is to sexually satisfy her husband. Through her dowry he gets a one-off payment. This reminds me of the oldest profession in the world. Scholars of the Shafi'i school do not make this up. They simply learn this from the Quran:Quran 4:24. “...Then as to those whom you profit by, give them their dowries as appointed...”Quran 4:20. “And if you wish to have (one) wife in place of another and you have given one of them a heap of gold, then take not from it anything; would you take it by slandering (her) and (doing her) manifest wrong?Quran 4:21. “And how can you take it when one of you has already gone in to the other and they have made with you a firm covenant?This also has been confirmed by authentic traditions of Muhammad, which clearly state that the dowry is only linked to sexual intercourse with the husband. If he divorces her after having sexual intercourse even only once, he loses this money. (Muslim, Book 9, number 3557.)

A: According to the Quran, it is necessary for the parents/guardians to take the consent of the woman in the decision of her marriage. That they do not, they will be answerable for that. Dowry is a security that a man must give his bride as an affirmation that he will love and care for her, and he is not supposed to ask back in case of divorce. Marriage is a source of peace and tranquility, as mentioned in Surah Room: 30:21 And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquility with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflectDivorce is permissible, and in such cases, the man seeking the divorce may not ask the dowry back.

To be or not to be equal: Comments on gender equity in Islam

Question: Are women equal to or inferior to men in Islam?

Answer: Women are NOT INFERIOR to men, women are NOT EQUAL to men, women are SUPERIOR to men in Islam.
Men have been appointed our guardians and protectors, and as such have been accorded certain rights over us (that is obedience and fidelity, guarding what one must guard in any relationship). They have to go out and earn the bread, they have to provide food, clothing and comfort for the wife, the children, his parents and the rest of the family including unmarried or widowed sisters, and the community at large, according to their means, and discharge these financial duties with love, kindness and willing happiness!
Women have been given the burden of pregnancy and childbirth, and as such, have been exempted of everything else. They have the freedom to do business/ jobs, but are not required to spend a single penny from it on anybody, except of their own free will.
The institution of marriage is to get ‘sukoon’….. that is peace and contentment/ happiness/ a state of felicity! Furthermore, men are required to give a gift (mehr) to the wife at the time of the nikah, before consumption of marriage, according to the financial means of the groom, which is hers to keep and do whatever she wishes with it, and she is not required to return it even if they eventually divorce.
Men may have been allowed to marry more than once BUT under certain conditions………… they are to take care of the orphans in the society…. And if they are not able to foster-parent the orphans, they may marry( I think the ayat implies the widowed mother), and yet the ayat continues to say that you may alternatively use the services of your servants/slaves for the purpose of taking care of the orphans, and that ONE(wife) is better for you if you know!
Men may have been given the right to divorce, but under so many conditions that it is extremely difficult, if they want to follow letter and spirit. Women have also been given the right to khula.
Furthermore, in the event of death or divorce, Allah tells the women to wait for a period prescribed till it is established if the woman is pregnant or not, so that the father of the child may be accurately identified, but after the prescribed time-period, the woman is free to marry. Don’t find any advice for re-marriage for men anywhere except for the care of orphans!
In financial transactions, it is prescribed to take as witness one man or two women; in cases of adultery, the witness of four pious men is required, and if they are found lying, then forever their word is not to be accepted in any matter!
What is essential is the spirit within, in that case, all humans are equal, the male or female body is simply the mortal shell without, and thus the different rules for the time we spend here on this temporary abode.
May Allah grant us all the guidance to study the Quran, understand it, and follow it and may Allah grant us all success in both this world and the hereafter. Amen.