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The Question of Gender Equality in Islam

By: Allamah Sayyid Muhammad Husayn at-Tabataba'i

Question
Does Islamic law consider man and woman equal? And does Islam allow women to engage in politics and governmental affairs on a par with men?

Answer
Before the advent of Islam, societies took one of two positions concerning women. Some societies treated women as domestic animals. They did not count women as members of the society; women were exploited for the benefit of the society, that is, the men. In the more civilized societies, women were second-class citizens, comparable to minors and slaves. In these societies, women had some limited rights that were strictly controlled by men. But Islam, for the first time in the history of humankind, acknowledged women’s full membership in the society, appreciating their efforts as equal to those of men: “
I [God] do not waste the work of any worker among you, whether male or female
”. Surah Al ‘Imran 3:195.
There are only three areas in which Islam forbids women’s participation: leadership(That is, acting as the head of state; but, other governmental positions are open to women. [trans.], judicature, and warfare (i.e., participation in combat; otherwise, women may engage in other affairs related to war). The logic behind this difference, to the extent that we can infer from Islamic sources, is that women are more sentimental than men. The three areas mentioned above should be handled only with recourse to reason, and as such men are better qualified in them.
The most persuasive evidence in support of this position is the failure of the efforts of Western countries—which have advocated similar education for both genders—to train a substantial number of female professionals in these three areas. In the record of the prominent figures in these three areas, women historically hold a negligible share (as opposed to such areas as nursing, dancing, acting, painting, and music in which women excel).

The Question of Inheritance

Question
Why does the woman inherit less than the man in Islamic law?

Answer
In Islam, the woman takes one-third of the inheritance and the man two-thirds. The reason for this difference, as stated by a hadith, is that it is the man’s duty to take care of the expenses of the family, including the woman. The latter rule in turn is based on man’s peculiar nature, as he is less sentimental than she.
Let me give a more thorough explanation. When one generation passes away, the wealth is inherited by the next generation. According to Islamic law, of this wealth, two-thirds goes to men and one-third to women. The two-thirds portion that men inherit must be spent for the welfare of the entire family, whereas women have no obligation to share their one-third.
Consequently, although men are put in charge of two-thirds of the wealth, it is women who actually enjoy two-thirds of the wealth [by holding on to their one-third and at the same time benefitting from the two-thirds that goes to men]. This is the fairest possible distribution of wealth—not to mention the positive effects that such a distribution has in maintaining the family unit (as will be elaborated below).

The Question of Divorce

Question
Why is divorce a prerogative of the man?

Answer
Once again this seems to be, as can be inferred from Islamic sources, due to the natural difference between the two genders. Nevertheless, Islamic law offers the woman the right at the time of marriage to limit her spouse’s rights and to define for herself certain means to obtain divorce.

The Woman’s Financial Independence

Question
Does Islamic law allow women to engage in financial activities independently?

Answer
In Islam women have complete freedom in their financial activities.

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