Gender Equity In Islam

[AbuMubarak]

CHAPTER TWO:


THE ECONOMIC ASPECT


THE RIGHT TO POSSESS PERSONAL PROPERTY


One aspect of the world-view of Islam is that everything in heaven and on earth belongs to Allah:


To Allah belongs all that is in the heavens and on earth. . .


(Quran 2:284)


As such, all wealth and resources are ultimately "owned" by Allah. However, out of Allah's mercy He created mankind to be, collectively, His trustees on earth. In order to help mankind fulfill this trusteeship, he made the universe serviceable to mankind:


And He (Allah) has subjected to you, as from Him, all that is in the heavens and on earth: behold, in that are signs indeed for those who reflect. (Quran 45:13)


It is the human family that is addressed in the above, and in other verses of the Quran. And since that family includes both genders, it follows that the basic right to personal possession of property (as Allah's trustees) applies equally to males and females. More specifically:


1. The Shariah (Islamic Law) recognizes the full property rights of women before and after marriage. They may buy, sell or lease any or all of their properties at will. For this reason, Muslim women may keep (and in fact they have traditionally kept) their maiden names after marriage, an indication of their independent property rights as legal entities.7


FINANCIAL SECURITY AND INHERITANCE LAWS


2. Financial security is assured for women. They are entitled to receive marital gifts without limit and to keep present and future properties and income for their own security, even after marriage. No married woman is required to spend any amount at all from her property and income on the household. In special circumstances, however, such as when her husband is ill, disabled or jobless, she may find it necessary to spend from her earnings or savings to provide the necessities for her family. While this is not a legal obligation, it is consistent with the mutuality of care, love and cooperation among family members. The woman is entitled also to full financial support during marriage and during the waiting period (iddah)8 in case of divorce or widowhood. Some jurists require, in addition, one year's support for divorce and widowhood (or until they remarry, if remarriage takes place before the year is over).


A woman who bears a child in marriage is entitled to child support from the child's father. Generally, a Muslim woman is guaranteed support in all stages of her life, as a daughter, wife, mother or sister. The financial advantages accorded to women and not to men in marriage and in family have a social counterpart in the provisions that the Quran lays down in the laws of inheritance, which afford the male, in most cases, twice the inheritance of a female. Males inherit more but ultimately they are financially responsible for their female relatives: their wives, daughters, mothers and sisters. Females inherit less but retain their share for investment and financial security, without any legal obligation to spend any part of it, even for their own sustenance food, clothing, housing, medication, etcetera).


It should be noted that in pre-Islamic society, women themselves were sometimes objects of inheritance (see Quran 4:19). In some Western countries, even after the advent of Islam, the whole estate of the deceased was given to his/her eldest son. The Quran, however, made it clear that both men and women are entitled to a specified share of the estate of their deceased parents or close relations:


From what is left by parents and those nearest related, there is a share for men and a share for women, whether the property be small or large—a determinate share. (Quran 4:7)


EMPLOYMENT


With regard to the woman's right to seek employment, it should be stated first that Islam regards her role in society as a mother and a wife as her most sacred and essential one. Neither maids nor baby sitters can possibly take the mother's place as the educator of an upright, complex-free, and carefully reared child. Such a noble and vital role, which largely shapes the future of nations, cannot be regarded as "idleness." This may explain why a married woman must secure her husband's consent if she wishes to work, unless her right to work was mutually agreed to as a condition at the time of marriage.


However, there is no decree in Islam that forbids women from seeking employment whenever there is a necessity for it, especially in positions which fit her nature best and in which society needs her most. Examples of these professions are: nursing, teaching (especially children), medicine, and social and charitable work. Moreover, there is no restriction on benefiting from women's talent in any field. Some early jurists, such as Abu Hanifah and Al-Tabari, uphold that a qualified Muslim woman may be appointed to the position of a judge. Other jurists hold different opinions. Yet, no jurist is able to point to an explicit text in the Quran or Sunnah that categorically excludes women from any lawful type of employment except for the headship of the state, which is discussed in the following chapter. Omar, the second Caliph after the Prophet (P), appointed a woman (Um Al-Shifaa' bint Abdullah) as the marketplace supervisor, a position that is equivalent in our world to "director of the consumer protection department."


In countries where Muslims are a numerical minority, some Muslim women, while recognizing the importance of their role as mothers, may be forced to seek employment in order to survive. This is especially true in the case of divorcees and widows and in the absence of the Islamic financial security measures outlined above.


026.083 "O my Lord! bestow wisdom on me,and join me with


the righteous;


026.085 And place me among the inheritors of the Garden of


Delight, (THE HOLY QUR'AN)


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Gender Equity in Islam


By Jamal Badawi


CONCLUSION: THE IDEAL AND THE REALITY


ISLAMIC REFORMATION AND RENEWAL


This work focuses on the normative, or ideal, relating to gender equity in Islam. This ideal may serve as a yardstick against which the reality of present-day Muslims should be evaluated. It serves also as the objective toward which any Islamic reformation and renewal should be directed, reformation of wrong practices and renewal of adherence to the Islamic ideal.


When assessing the realities of Muslims, two extremes should be avoided:


1. Justifying injustices done to most Muslim women by religiously flavored cultural arguments


Most problematic in that extreme is the subtle assumption of the "correctness" of traditional cultural practices and attitudes, followed by a selective search for endorsement in the primary sources of Islam.


2. Failing to see numerous positive aspects in Muslim societies, such as family stability and cohesiveness, the respect and adoration of mothers, and the sense of self-fulfillment of women who are not frequently seen in public; in the meantime, painting a stereotypical picture of Muslim women as ignorant, submissive, oppressed and almost totally enslaved by women-hating chauvinist men.


The focus on injustices and on magnifying them is sometimes partly based on questionable interpretations of outsiders' observations. For example, the smaller percentage of career women in many Muslim societies is interpreted in a Western framework and is seen as an indication of Muslims' oppressing women and depriving them of job opportunities. Little attention, if any, is given to the personal choices of Muslim women and their concepts of family happiness, which may or may not be the same choices or concepts of their non-Muslim sisters.


RELATING TO INTERNATIONAL BODIES AND MOVEMENTS


Once an objective and fair assessment of Muslim practices is made, it should be compared with the normative teachings of Islam. There are enough indications to show that a gap does exist between the ideal and the real. Given the existence of such a gap, a wide gap at times, it follows that Muslim reformers and other international bodies and movements share at least one thing in common: an awareness of the need to close or at least narrow that gap. The problem arises, however, as to the most effective frame of reference and to the particulars of implementation.


International bodies and women's rights organizations tend to consider documents and resolutions passed in conferences as the ultimate basis and standard expected of all diverse peoples, cultures and religions. Committed Muslims, however, both men and women, believe in the ultimate supremacy of what they accept as God's Divine revelation (the Quran and authentic hadith). To tell Muslims that one's religious convictions should be subservient to "superior" man-made (or woman-made) standards or to secular humanism, is neither acceptable nor practical. Even if pressures, economic and otherwise, are used to bring about compliance with such resolutions or documents, the resulting changes are not likely to be deep-rooted and lasting. For Muslims, divine injunctions and guidance are not subject to a "voting" procedure or to human election, editing, or whimsical modifications. They constitute, rather, a complete way of living within Islam's spiritual, moral, social, political and legal parameters. Imposed cultural imperialism is not the solution.


IMPOSITION OR REFORM FROM WITHIN


On the other hand, reformation from within requires the following:


1. Social scientists, legislators and rulers should avoid using the argument of cultural particularity to justify anti-Islamic and non-Islamic practices and to continue oppressing men and women alike.


2. Scholars should not continue to quote and repeat some of the long-standing juristic interpretations as if they were equal in authority and finality to the two primary sources of Islam. Nor should they engage in a fragmentary and selective approach in seeking justification of the erroneous status quo. They should realize that even the greatest of jurists are fallible humans, whose interpretations have been affected by the culture and circumstances under which they have lived. With the host of pressing and significant contemporary issues, a fresh ijtihad (interpretation) is needed.


One of the main obstacles in the way of such a reexamination of some of the traditional views is worry on the part of some scholars about the reaction of other scholars or of the public to their conclusions. Yet, it is not the duty of the scholar to speak for what others want or expect. A qualified scholar is duty-bound to give practical answers to contemporary issues and problems without losing sight of the boundaries of proper interpretation. In the final analysis, it is Muslims' practices and understanding that need revision, not the revelatory sources, if properly understood, and more important, implemented.


-----------------------------------------------------------------------------------------------------------------


The issue of Female Circumcision


One of the common misconceptions is to connect female circumcision with the teachings of Islam. This appendix addresses the following three questions:


1. WAS FEMALE CIRCUMCISION INTRODUCED BY ISLAM?


While the exact origin of female circumcision is not known, "it preceded Christianity and Islam."1 The most radical form of female circumcision (infibulation) is known as the Pharaonic Procedure. This may signify that it may have been practiced long before the rise of Islam, Christianity and possibly Judaism. It is not clear, however, whether this practice originated in Egypt or in some other African countries then spread to Egypt.2


It is common knowledge that in some countries like Egypt, female circumcision has been practiced by both Muslims and Christians.3 In the meantime, this practice is not known in most Muslim countries including Iraq, Iran, and Saudi Arabia.4 This leads to the conclusion that female circumcision is connected with cultural practices rather than Islam itself as a world religion. It was made clear in the introduction of this book that some cultural practices, whether by Muslims alone or Muslims and others (such as the case with female circumcision), are not part of Islam, and in some cases, may violate its teachings as embodied in its primary sources, Quran and Hadeeth. These sources are examined next.


2. IS THERE ANY AUTHENTIC TEXT IN THE PRIMARY SOURCES OF ISLAM WHICH REQUIRES FEMALE CIRCUMCISION FOR RELIGIOUS REASONS?


No mention of female circumcision is to be found in the Quran either directly or indirectly. There is no known Hadeeth which requires female circumcision. Some argued, however, that one Hadeeth, while not requiring female circumcision, appears to accept it:" Circumcision is a commendable act for men (Sunnah) and an honorable thing for women (Makromah)."5


There are two observations on this Hadeeth:


a) A distinction is made between male circumcision which is described in a stronger religious term (Sunnah)6 or commendable while another weaker description is given to female circumcision (Makromah) which implies no religious obligation.


This Hadeeth is of weak authenticity (dha'eef) according to Hadeeth scholars.7


There is, however, a more authentic Hadeeth in which Prophet Muhammad (P) is reported to have passed by a woman performing circumcision on a young girl. He instructed the woman by saying:


"Cut off only the foreskin (outer fold of skin over the clitoris; the prepuce) but do not cut off deeply (i.e. the clitoris itself), for this is brighter for the face (of the girl) and more favorable with the husband."8


While the Prophet (P) did not explicitly ban this practice, his words project a great deal of sensitivity to the instinctive needs of females and their matrimonial happiness and legitimate enjoyment. Reference to the brightness of the face and to better relationship with the husband is clear indications of his sensitivity and compassion. They also stand in contrast to the arguments that female circumcision "controls" the woman's sexual appetite and hence contributes to sexual morality and virtue in society. It is true that Islam requires adherents of both genders to be chaste. Yet, there is no text in the Quran or Sunnah which requires selective curtailment or control of the sexual desire of one specific gender. Furthermore, chastity and virtue are not contingent on "cutting off" part of any sensitive and crucial human organ. Rather, they are contingent on spiritual and moral values of the person and the supporting virtuous environments.


3. SHOULD FEMALE CIRCUMCISION BE BANNED OR RESTRICTED?


Shariah (Islamic law) divides actions into five categories; mandatory, commendable, permissible, detestable and strictly forbidden. Female circumcision falls within the category of the permissible. It was probably on this basis that some scholars opposed a sweeping ban of this practice. Before discussing this view, it is important to distinguish between different types of procedures that were and still are called circumcision.


TYPES OF CIRCUMCISION


a) Removal of the hood (or prepuce) of the clitoris. This procedure is, to some degree, analogous to male circumcision since in both cases, no part of the sexual organ is cut off. In both cases also, it is only the foreskin, or outer fold of the skin, which is cut off. Properly done, it is not likely to cause any "matrimonial" problem. While some may call it "sunnah circumcision," this is their own appellation and not that of the Prophet (P) who used the term Sunnah only in the context of male circumcision.


Removal of the entire clitoris (clitorectomy) along with part of the labia minora, which is sutured together leaving an opening. This is a form of mutilation.


c) Removal of the entire clitoris, labia minora and medial part of the labia majora, with both sides of the female organ stitched together leaving a small opening. This procedure requires tying together the child's legs for nearly three weeks.9 It is called the Pharaonic procedure but may as well be called "mutilation."


It is obvious that the second and third procedures were never mandated, encouraged or even consented to by the Prophet (P). They even violate a known rule in Shari'ah prohibiting the cutting off of any part of the human body except for unavoidable reasons (e.g. medical treatment, trimming nails or hair, or for an explicitly specified reason such as male circumcision). Such necessity or need does not exist in female circumcision. Nothing justifies genital mutilation. In fact, no mutilation is allowed by Islam even in the battlefield. Not only are these two procedures unjustifiable, they are brutal, inhumane and in violation of Islam.


The remaining question then relates to the first procedure. Some (e.g. the late Rector of Al-Azhar University, Sheikh Gad Al-Haque) argued that since the Prophet (P) did not ban female circumcision, it falls within the category of the permissible. As such, there is no ground for a total ban on it. However, it is within the spirit of Shari'ah to restrict something that is permissible if discovered to be harmful. For example, all fish are permissible to eat. Should a particular type of fish be proven to be poisonous or harmful, it could be banned based on a known Shari'ah rule (Aldharar Yozaal), or harm must be removed. The real issue then boils down to whether the first procedure is harmful or not. Granted that such a procedure may not be seriously damaging like the other two, it may be argued that it is painful, traumatic and often performed in an unhygienic setting leading to infection and other problems.10


Even if the procedure is performed by a physician, it is so delicate that not all physicians master it.11


It should be noted that some people oppose female circumcision as part of their opposition to any "tradition" as old and invalid. This is as inappropriate as practicing female circumcision because it is a "tradition," regardless of its consistency with Islam or not. The practice should be evaluated objectively, on the basis of


a) whether it is required religiously or not


whether there are medical and other relevant issues to be considered in evaluating this practice.


While any form of female circumcision is already legally banned in some countriesl2 and may be banned in others in the future, it is not suggested here that this is the only option. In societies and cultures where the practice is well-entrenched and socio-cultural pressures for it are greatl3 abrupt legal banning may not end the practice. It may cause it to be practiced "underground" and under more problematic circumstances. However, the problem is serious enough that some action is needed. A starting point, perhaps, is to begin by educating the masses in countries where female circumcision is commonly practiced. All possible media should be used in the process. The contents of this appendix may serve as an outline of such an educational program, or it is so hoped. In any case, the conclusion which appears to be certain is that there is no single text of the Qur'an and Hadeeth which requires14 female circumcision.


Stewart, Rosemary, "Female Circumcision: Implications for North American Nurses," in Journal of Psychosocial Nursing, vol. 35, no. 4, 1997, p. 35.


Haqa'iq llmiyya Hawla Khitan Al-Inuath (in Arabic), Jam'iyyat Tanzeem Al-Usrah, Cairo, 1983, p. 7.


Ibid, p.8.


Ibid, p.8.


Al-Shawkani, Nayl Al-Awtar, Dar Al-Jeel, Beirut, 1973, vol.1, p. 139


A broader definition of Sunnah is "the words, actions and approval (or consent) of Prophet Muhammad (P)." In the context of religious obligations, however, Sunnah refers to act that are commendable but not obligatory. It is in that context that the Prophet Muhammad (P) used the term Sunnah to refer to male circumcision but not female circumcision.


Al-Shawkani, op. cit, p. 139.


Al-Tabarani, quoted in Al-Albani, Muhammad N., Silsilat Al-Ahadeeth Al-Sahihah, A1 Maktab Al-Islami, Beirut, Lebanon, 1983, vol. 2, Hadeeth no. 722, pp. 353-358 especially pp. 356-357. See also N. Keller (translator/editor), The Reliance of the Traveller by Ahmad Al-Masri, Modern


Stewart, op. cit, p. 35.


Including bleeding, scars, painful intercourse, difficulty to achieve sexual fulfillment which may lead to pain, reducing chances of pregnancy, causing infertility in some instances, chronic pelvic infection, urinary tract infection, psychological problems and unhappy husbands. See Stewart, op. cit, pp. 36-37.


The author was informed by some physicians that since the clitoris itself is quite tiny, even tinier in younger girls it is very difficult to do the first procedure properly even by a non-specialist physician. The much easier procedure of male circumcision is usually referred to a physician with experience in that particular procedure.


Presently female circumcision is illegal in Britain and other European countries through the passage of the Prohibition of Female Circumcision Act of 1985. Due to the publicity given to this topic recently, other countries are expected to follow suit, especially those with a large number of immigrants from countries which practice this procedure. Stewart, op. cit, p. 36.


Some such pressure is the non-Islamically based cultural norms that only a circumcised woman is fit for marriage, other superstitious ideas that a child born to an uncircumcised woman is likely to die. See for example Stewart, op. cit, p. 36.


Reference is sometimes made to a saying of the Prophet Muhammad (P) narrated in Ahmad, also in Malik with similar wordings to the effect that if the two areas of circumcision (for a male and female) touch one another, then Ghusl (bathing) is required. This expression simply signifies that after the intimate matrimonial relationship, both husband and wife must take a complete bath before they perform their daily prayers. The relevant part of this Hadeeth, however, is its reference to the two circumcised parts. Imam Ahmad uses this Hadeeth as an evidence that women (in Madinah) used to be circumcised. This is no evidence, however, that it was religiously required. It could have been a cultural practice which was not prohibited.


Even the few Ahadeeth which Al-Albani considered to be authentic do not require female circumcision as discussed earlier. In fact, some of them speak against radical forms of circumcision.


See Sabiq, Al-Sayyid, Figh Al-Sunnah, Dar Al-Kitab AlArabi, Beirut, 1969, vol. 1, pp. 37 and 66. Also Al-Albani, Muhammad N., Tamam Al-Minnah Fi Al-Ta'leeq Ala Fiq AlSunnah, Al-Maktabah Al-Islamiyyah, Amman, 3rd printing, 1409 A.H., p. 67, and Muwatta'AI-lmam Malik, Dar AlQalam, Beirut, n.d., pp. 50-51


026.083 "O my Lord! bestow wisdom on me,and join me with


the righteous;


026.085 And place me among the inheritors of the Garden of


Delight, (THE HOLY QUR'AN)


MODERATOR


http://groups.yahoo.com/group/islam4all/

[AbuMubarak]

Gender Equity in Islam


By Jamal Badawi


CHAPTER FOUR:


THE LEGAL AND POLITICAL ASPECT


EQUALITY BEFORE THE LAW


1. Both genders are entitled to equality before the law and courts of law. Justice is genderless. According to the Quran, men and women receive the same punishment for crimes such as theft (5:38), fornication (24:2) 23 murder and injury (5:45). Women do possess an independent legal entity in financial and other matters. One legal issue is widely misunderstood: testimony. A common but erroneous belief is that as a "rule," the worth of women's testimony is one half of men's testimony. A survey of all passages in the Quran relating to testimony does not substantiate this claimed "rule."


TESTIMONY


Most Quranic references to testimony (witness) do not make any reference to gender. Some references fully equate the testimony of males and females.


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; And the fifth (oath) (should be) that they solemnly invoke the curse of Allah on themselves if they tell a lie. 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; And the fifth (oath) should be that she solemnly invokes the wrath of Allah on herself if (her accuser) is telling the truth. (Quran 24:6-9)


One reference in the Quran distinguishes between the witness of a male and a female. It is useful to quote this reference and explain it in its own context and in the context of other Quranic references to testimony:


O you who believe! When you deal with each other in transactions involving future obligations in a fixed period of time, reduce them to writing. Let a scribe write down faithfully as between the parties: let not the scribe refuse to write: as Allah has taught him, so let him write. Let him who incurs the liability dictate, but let him fear his Lord, Allah, and not diminish aught of what he owes. If the party liable is mentally deficient, or weak, or unable himself to dictate, let his guardian dictate faithfully. And get two witnesses out of your own men, and if there are not two men, then a man and two women, such as you choose for witnesses so that if one of them errs, the other can remind her.


The witnesses should not refuse when they are called on (for evidence). Disdain not to reduce to writing (your contract) for a future period, whether it be small or big: it is more just in the sight of Allah, more suitable as evidence, and more convenient to prevent doubts among yourselves, but if it be a transaction which you carry out on the spot among yourselves, there is no blame on you if you reduce it not to writing. But take witnesses whenever you make a commercial contract; and let neither scribe nor witness suffer harm. If you do (such harm), it would be wickedness in you. So fear Allah; for it is Allah that teaches you. And Allah is well acquainted with all things. (Quran 2:282)


A few comments on this text are essential in order to prevent common misinterpretations:


a. It cannot be used as an argument that there is a general rule in the Quran that the worth of a female's witness is only half the male's. This presumed "rule" is voided by the above reference (24:6-9), which explicitly equates the testimony of both genders on the issue at hand.


b. The context of this passage (verse, or ayah) relates to testimony on financial transactions, which are often complex and laden with business jargon. The passage does not a make blanket generalization that would otherwise contradict 24:6-9, cited above.


c. The reason for variations in the number of male and female witnesses required is given in the same passage. No reference is made to the inferiority or superiority of one gender's witness or the other's. The only reason given is to corroborate the female's witness and prevent unintended errors in the perception of the business deal. The Arabic term used in this passage, tadhilla, literally means "loses the way," "gets confused," or "errs." But are females the only gender that may err and need corroboration of their testimony? Definitely not, and that is why the general rule of testimony in Islamic law is to have two witnesses, even when they are both male.


One possible interpretation of the requirements related to this particular type of testimony is that in numerous societies, past and present, women generally may not be heavily involved with and experienced in business transactions. As such, they may not be completely cognizant of what is involved. Therefore, corroboration of a woman's testimony by another woman who may be present ascertains accuracy and, hence, justice. It would be unreasonable to interpret this requirement as a reflection on the worth of women's testimony, as it is the only exception discerned from the text of the Quran. This may be one reason why a great scholar like Al-Tabari could not find any evidence from any primary text (Quran or hadith) to exclude women from something more important than testimony: being herself a judge who hears and evaluates the testimony of others.


d. It must be added that unlike pure acts of worship, which must be observed exactly as taught by the Prophet (P), testimony is a means to an end, ascertaining justice as a major objective of Islamic law. Therefore, it is the duty of a fair judge to be guided by this objective when assessing the worth and credibility of a given testimony, regardless of the gender of the witness. A witness of a female graduate of a business school is certainly far more worthy than the witness of an illiterate person with no business education or experience.


PARTICIPATION IN SOCIAL AND POLITICAL LIFE


2. The general rule in social and political life is participation and collaboration of males and females in public affairs.


The believers, men and women, are protectors, one of another: they enjoin what is just and forbid what is evil: they observe regular prayers, practice regular charity, and obey Allah and His apostle. On them will Allah pour His mercy: for Allah is Exalted in power, Wise. (Quran 9:7)


3. There is sufficient historical evidence of participation by Muslim women in the choice of rulers, in public issues, in lawmaking, in administrative positions, in scholarship and teaching, and even in the battlefield. Such involvement in social and political affairs was conducted without the participants' losing sight of the complementary priorities of both genders and without violating Islamic guidelines of modesty and virtue.


WOMEN IN LEADERSHIP POSITIONS


There is no text in the Quran or Sunnah that precludes women from any position of leadership, except in leading prayer (however, women may lead other women in prayer), due to the format of prayer, as explained earlier. There are exceptions even to this general rule, as explained later in this chapter. Another common question relates to the eligibility of Muslim women to be heads of state.


There is no evidence from the Quran to preclude women from headship of state. Some may argue that according to the Qurtan (4:34), men are the protectors and maintainers of women. Such a leadership position (responsibility, or qiwamah) for men in the family unit implies their exclusive leadership in political life as well. This analogy, however, is far from conclusive. Qiwamah deals with the particularity of family life and the need for financial arrangements, role differentiation, and complementarity of the roles of husband and wife. These particularities are not necessarily the same as the headship of state, even if some elements may be similar. Therefore, a Quranically based argument to exclude women from the headship of state is neither sound nor convincing. Most arguments for exclusion, however, are based on the following hadith, narrated by Abu Bakrah:


During the battle of Al-Jamal (in which Aisha, the Prophet's widow, led an army in opposition to Ali, the fourth Caliph), Allah benefitted me with a word. When the Prophet heard the news that the people of Persia had made the daughter of Khosrau their queen (ruler), he said, "Never will such a nation succeed as makes a woman their ruler."24


While this hadith has been commonly interpreted to exclude women from the headship of state, other scholars do not agree with that interpretation. The Persian rulers at the time of the Prophet (P) showed enmity toward the Prophet (P) and toward his messenger to them. The Prophet's response to this news may have been a statement about the impending doom of that unjust empire, which did take place later, and not about the issue of gender as it relates to headship of the state in itself. Z. Al-Qasimi argues that one of the rules of interpretation known to Muslim scholars is that there are cases in which the determining factor in interpretation is the specificity of the occasion (of the hadith) and not the generality of its wording. Even if the generality of its wording is to be accepted, that does not necessarily mean that a general rule is applicable, categorically, to any situation. As such, the hadith is not conclusive evidence of categorical exclusion.25


Some argue that since women are excluded from leading the prayer for a mixed gathering of men and women, they should be excluded from leading the state as well. This argument, however, overlooks two issues: (1) Leading the prayer is a purely religious act and, given the format of Muslim prayer and its nature, it is not suitable for women to lead a mixed congregation. This point was discussed earlier. Leading the state, however, is not a "purely" religious act but a religiously based political act. Exclusion of women in one instance does not necessarily imply their exclusion in another.26


(2) Even the matter of whether women may lead prayer is not without exception. Prophet Muhammad (P) asked a woman by the name of Umm Waraqah to lead her household in prayer, which included a young girl, a young boy, and a mu'azzin (caller to prayer—who is always a male).27


Al-Qasimi notes that the famous jurist, Abu-Ya'la Al-Farra' (known for his writings on the political system of Islam), did not include among the qualifications of the imam (head of state) being a male.28 It should be noted, however, that the head of state in Islam is not a ceremonial head. He leads public prayers on some occasions and constantly travels and negotiates with officials of other states (who generally are men). He may be involved in confidential meetings with them. Such heavy and secluded involvement of women with men and its necessary format may not be consistent with Islamic guidelines related to the proper interaction between the genders and to the priority of feminine functions at home and their value to society.


Furthermore, the conceptual and philosophical background of the critics of this limited exclusion is that of individualism, ego satisfaction, and the rejection of the validity of divine guidance in favor of other man-made philosophies, values or "isms." The ultimate objective of a Muslim man or woman, however, is to selflessly serve Allah and the Ummah in whatever appropriate capacity. In the incident of Al-Hudaybiyah, Umm Salamah, a wife of the Prophet (P), played a role equal to what we would refer to today as "chief advisor of the head of state."


source:


http://www.soundvision.com/Info/gender/


026.083 "O my Lord! bestow wisdom on me,and join me with


the righteous;


026.085 And place me among the inheritors of the Garden of


Delight, (THE HOLY QUR'AN)


MODERATOR


http://groups.yahoo.com/group/islam4all/