Roshni
January - March 2021
Legal Eagle
Women’s Rights under Islam By Smt. Farida Hussain, Trustee, AIWC Education Trust
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cooperation, not domination.
here is widespread belief, especially amongst non-Muslims, that Islam treats women unfairly and gender justice is not possible within Shari’a (Islamic) law. However, this is a flawed and incorrect understanding of women’s rights under Islamic law. The intent of this article is not to conduct an exhaustive discourse on Muslim women’s rights but to focus on specific rights given to women under Islam.
Gender Equality Islamic scholars have grouped human rights in Islam under six heads called kullyat, according to Justice SSM Quadri, former judge, Supreme Court of India. This automatically includes the rights of women. 1. Haqq-al-Haya: right to life
Sources and Essence of Islamic Law
2. Haqq al-Nasl: right to family and community
Islamic law is primarily based on The Quran and thereafter on the Sunnah (the hadith and the example of the Prophet) for further clarification and guidance. When the Quran and Sunnah leave an issue unresolved, Muslim scholars resort to ijtihad – the science of interpretations and rulemaking, where they can supplement Islamic Law with local customs.
3. Haqq al-Mal: right to private ownership of a means of production 4. Haqq al-Hurriya: right to liberty 5. Haqq al-Karama: right to dignity of conscience, religion, and responsible expression 6. Haqq al-Ilm: right to education and pursuit of beneficial knowledge
The fundamental values in Islam as expounded by the Quran are equality, justice, benevolence, and compassion. Quran emphasises the principle of equality among all human beings. Quran 49:13, among other verses, states that God created humans from male and female, and despite the empirical differences among humans (based on race, gender, etc.), the Quran regards them as equals and only ranks humans based on their deeds and piety. God created men and women from the same soul, as guardians of each other in a relationship of
The normative framework of the Quran reflects gender justice. Verse 2:228 of the Quran states “and women shall have rights similar to the rights against them (men) in a just manner”. The Quran, from the first, refers to rights of women. It states (verse 4: 1) that “Mankind revere your Guardian Lord, who created you from a single being (min nafsin wahidatin) created of like nature, his mate and scattered countless men and women...” Thus, men and women are made equal in creation itself. 60
