Download - Gender equality in Islam
Gender Equality in Islam
Shagufta Omar
In Charge Dawah Centre for Women, Dawah
Academy IIUI
General Secretary Women Aid Trust Pakistan
President Pakistan Chapter, International Muslim
Women Union (IMWU)
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Woman in Major World Religions
Women in the Christianity
Women in Judaism
Women in Hinduism
Women in Buddhism
Women in Islam
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Women in various Civilizations
Greek civilization
Roman Civilization
Chinese Civilization
Arabian Civilization
Western Civilization
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Emancipation of Women by Islam
Islam absolved woman of the blame for
the original sin (Al Baqara 2: 3, Al-Araf
7:19-27, Taha 20: 15-122)
Conferred to her social, economic and
political rights as a human being
Reinforced her womanhood by providing
respect as daughter, sister, wife and
mother.
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Rights of Women in Islam
Right to life
Right of protection of honor, love and respect
To be brought up on equal grounds
Right to education/acquisition of knowledge
Right of economic provisions (maintenance) by father/brother/uncles
To earn a livelihood (job or entrepreneur) 2/12/2014 Shagufta Omar
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Rights of Women in Islam (Cont’d.)
Right to worship
Ownership of property
Right of inheritance of property
Freedom of expression/speech
Right to vote (basic political right)
To hold any public or political office
To participate in any social activity (imparting education, helping in crisis
situations, performing charitable acts)
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Rights of Women in Islam (Cont’d.)
Facilitation in marriage
To have consent in marriage
Right of dower
Right of maintenance by husband
Right to separation (Khula, dissolution
through court)
Right of child custody in case of separation
Right to remarry
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Few Exceptions Provided to
Women Economic provisions for herself or the
family
Prayers in congregation
Friday Prayers
Funeral Prayers
Jehad/Fighting (In the battle field)
Providing evidence in criminal cases
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Gender Approach in Islam
Equality of status
Creation of both genders from Nafs e Wahida
(Al.Nisa 4 : 1, Al Airaf 7: 189, Az Zumur 39:6)
Superiority not on the basis of physical or psychological capabilities rather on performance on the conception of ethical vs unethical
(AL-Hujrat 4:13, Al Ahzab 33: 35, Ale Imran 3:195 and others)
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Gender Approach in Islam(cont’d.)
Equal social rights
(Al Baqara 2:187,228, Al.Nisa 4 : 1)
Equality of legal status (rights & liabilities)
(Al.Baqara 2 :178, Al Nur 24:2)
Equality of morals (Commands and Accountability)
(Al.Nisa 4 : 124, Al-e-Imran 3:195,Al Tauba 9:71,72, An Nahal 16:97, Al Ahzab 33 :35, Al Momin 40:40)
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Gender Approach in Islam (cont’d.)
As an Individual / Person
Equality of status (moral and legal)
Freedom of action
Equality of basic rights
Equal implication of Allah’s orders
Equal accountability
Equality of reward
As a member of an institution (Family)
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Institution of Family in Islam
Basic and most important component of society
Sacred yet not indissoluble
Demarcation of responsibilities for efficient management of family institution/Role differentiation
Husband identified as head of the family
Wife identified as sovereign, guardian and centre of the family, as co-equal of her husband
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Husband Identified as Head of
the Family
Men are Qawwam (protectors and
maintainers) of women, because Allah
has given the one more strength than
the other, and because they support
them from their means (Al-Nisa 4:34)
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Wife Identified as Sovereign, Guardian and Centre of the Family, as Co-Equal of her Husband
All of you are guardians and responsible
for your wards and the things under your care…….a man is guardian of his family and is responsible for them. A woman is guardian of her husband’s home and the children and is responsible for them. All of you are guardians and all of you are responsible for your wards. (Sahih Bukhari)
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Superiority of Husband
in the Family
Not personal rather functional and
administrative
Not to curb woman’s advancement
Not to affect freedom of action on the part
of woman
Does not have absolute binding
Does not imply or suggest constant
servility/ servitude on the part of women
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Husband’s Responsibilities
As an individual worshiping and obeying his creator
Observing chastity
Primary responsibility of Earning a living for
Himself
Wife
Children
Parents
Other dependants
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Husband’s Responsibilities (Cont’d.)
Responsibilities towards wife
Providing companionship, love and respect
Meher
Kifalat (food, clothing, shelter, medical, recreation)
Education and tarbiyah
Helping in performance of her dual responsibilities
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Husband’s Responsibilities (Cont’d.)
Responsibilities towards household
Building or renting, furnishing
Maintenance/repairs
Economic provisions for related
expenditures
Purchasing/shopping
Helping family members in house
chores
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Husband’s Responsibilities (Cont’d.)
Responsibilities towards children Kifalat (food, clothing, shelter, medical, recreation)
Helping in upbringing
Education and tarbiyah, character building and
grooming
Providing love, affection and respect to both genders
Providing healthy recreation
Preparing for eternal life
Kin role, taking care of family relations
Withstand the challenges posed to family unit
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Responsibilities of a Wife As an individual worshiping and obeying
her creator
Observing chastity
Conjugal role
Providing companionship, love and
respect
Obeying husband (Administrative
requirement of an institution)
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Responsibilities of a Wife (Cont’d.)
Parental role
Procreation role
Lactation (maximum 2 years)
Upbringing
Education, character building and grooming
Providing love and affection to both genders
Providing healthy recreation
Preparing for eternal life
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Responsibilities of a Wife (Cont’d.)
Domestic role
Management in the areas of finances, food
and nutrition, clothing, nursing, servants, kids
and home
Kin role, taking care of family relations
Professionally or Intellectually active social life
(Job, business, dawah or social work)
Withstand the challenges posed to family unit
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Constitutional and Legal provisions
for Gender Equality in Pakistan
Article 25 (2)
Equality of status with no discrimination on
the basis of sex alone
Article 9 protects every individuals right to
life and liberty
Article 14 provides basic right of protection
of dignity
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Constitutional and Legal provisions
for gender equality in Pakistan
Article 18, 23 and 27 protect her right of
owning property, doing lawful business,
acquiring job in any field
Article 34 (affirmative action)
Article 35 provides protection to the
marriage, the family, the unity of the family
Article 16, 17 and 19 secure her
participation in political activities
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Role of Women, Western and Our
Mindset
Absolute freedom vs. submission to God
Secularism vs. religion as identity
Maximum independence vs. dependence and
interdependence
Materialism and commercialism vs. spiritualism
Gender equality vs. proper gender approach
Institutionalized problem solving approach vs.
individual specific human dev. approach
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Western Concept of
Gender Equality
Equal status
Equal rights
Equal obligations
Sameness of attitudes, behavior patterns and actions towards both sexes
Negation of any roles stereotype
Sameness of role distribution
Economic productivity/contribution of women
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CEDAW: International Charter of
Women Rights
Convention on all forms of discrimination against
women (UN. 1979)
Pakistan's accession in 1996, with reservation
Definition of discrimination (article 2)
Elimination of stereotypes (article 5)
Required changes in laws
Required changes in constitutions
Establishment of International court
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Definition of Discrimination
(Article 2)
The Convention defines discrimination against
women as "...any distinction, exclusion or
restriction made on the basis of sex which has
the effect or purpose of impairing or nullifying
the recognition, enjoyment or exercise by
women, irrespective of their marital status, on a
basis of equality of men and women, of human
rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other
field."
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Implications on Signatory States
to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women;
to establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and
to ensure elimination of all acts of discrimination against women by persons, organizations or enterprises
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Pakistan after Accession to
CEDAW in 1996
Report of Inquiry commission on the status of
women 1997
Recommendations of the commission
Inclusion of UN and other family laws
Provision of Reproductive rights
Equal inheritance, evidence, De'yat and guardianship
Inheritance for the widow of the deceased son
Right to marry irrespective of any religion
To treat marital rape as crime and accord punishment
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Pakistan after Accession to
CEDAW in 1996(contd.)
Establishment of NCSW
Mandate and reports of NCSW
Amendment in criminal laws in the name of Women Protection Act (WPA) (Hadd-e-Zina Ordinance, Hadd-e-Qazaf ordinance, PPC, CrPc, Dissolutions of Muslim marriage act DMMA1939)
National plan of action (NPA)
Gender Reform Action Plan (GRAP)
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Results of Absolute Freedom of Human
and Women Rights in West
Sex free society
Right to nudity
Right to homosexuality
Right to same sex marriage
Right for prostitution
Reproductive Rights
Right to abortion
Single parenting
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Application of Western Concept of
Gender Equality to an Islamic Society
Poses Contradictions with
Islamic philosophy
Variation in role distribution
Variation in some of the rights with reference
to role distribution
Variation in described religious obligations
(ibadah)
Variation in dress code
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Points to Ponder Are the rights ensured by Islam enjoyed by
women in contemporary Pakistani society?
Reasons for violation of women’s rights?
Lack of education and ignorance about Islamic
teachings
Feudal and tribal cultural traditions
Male dominated patriarchal attitudes
Poverty and unemployment
Misinterpretation of some basic facts
Secularized Western approach
Lack of govt. initiatives
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Points to Ponder (Cont’d.)
Is measuring gender equality with respect to economic contribution to society’s development correct?
Does proving capabilities of working in all the fields is required for her recognition?
Should the western strategies under the global women’s right movement be blindly followed or should they be adapted to suit our religious value system?
What should be the responsibilities of family, society and government in assisting women for performing her dual role?
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Recommended Readings
The Muslim Women by Dr. Hamidullah (Dawah Academy, IIUI)
Family Life in Islam by Prof Khurshid Ahmad (Dawah Academy, IIUI)
The Status of Women in Islam by Dr. Jamal A. Badavi (Dawah Academy, IIUI)
Women and family Life in Islam by Islamic Foundation of UK, International Islamic University of Malaysia, King Saud University, Riyadh (Dawah Academy, IIUI)
Women and Social Justice by Dr. Anis Ahmad (Institute of Policy Studies)
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Recommended Readings (Contd.)
Aurat Ehd-e-Risalat Mein by Abdul Haleem Abu Shuqqa, translated by M. Faheem Akhtar Nadwi (Nashriyat)
Family laws of Islam by Dr. Tahir Mansoori (Shariah Academy, IIUI).
Gender Equality: Western and Islamic perspective by Shagufta Omar (Women Aid Trust)
Family Leadership Qawamah: An Obligation to Fulfill, Notan Excuse to Abuse by Dr. Mohamed Rida Beshir (amana publications, USA)
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