The Rights of Women in Islamic Marriages

The Rights of Women in Islamic Marriages

Reem Sultan

The institution of marriage varies from religion to religion with different rights, duties and obligations for the couple involved. Islamic marriage is based on the teachings of the Quran. The Islamic marriage elevates the status of women by number of factors. Economically she is given a dowry, maintenance and is not subjected to supporting the family. Legally, she must give her consent to marriage, allowed to place specific clauses in the marriage contract and hold the right to divorce. Finally, religiously Allah (The God) places her in equal status with her husband, allows her to fulfill her life and gives her obligations according to her biological and psychological disposition.

An important part of a marriage in Islam is a dowry. The Quran states:

"And give the women their dower as a free gift but if they, of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer." (Quran sura 4, aya 4).

The dowry is specified in the marriage contract and may be given before the wedding or delayed to a later time or whenever the wife requests it. In fact, if a husband dies or divorces his wife, the dowry is paid immediately. The amount of dowry is unspecified but it usually depends on the class and prestige of the family.

The dowry reflects the importance that a man places upon his future bride and is therefore a mark of respect. The dowry becomes the sole property of the woman and she may chose to use it as she wishes. Her husband may not force her to contribute it to the household. Similarly, a dowry provides protection for the woman in the future, in the event of the death of her husband, separation or divorce.

Finally, a dowry encourages a man to act and think carefully about marriage and his future bride, as he must one-day pay her dowry. Also, in the event of a divorce it may motivate him to reconcile with his wife. Therefore, a dowry shows respect and is an economic asset to women if they encounter hardships in the future.

Islamic marriage prescribes that a man is obligated to maintain his wife and family. Therefore, he is seen as the breadwinner and the head of the household while the woman is seen as the primary caregiver. The legal burden of supporting the family does not lie on her shoulders. From a Western point of view this may be seen as inequality between the sexes and a blatant stereotype of woman. But when viewed in the Islamic point of view, it may be seen as showing the importance of women in society. Thus not degrading them but elevating their status. The Quran states that Allah sees man and women, as equal and they will be judged the same on the Day of Judgment.

Marriage in Islam does not mean that a woman must forfeit her right to work. A woman may work if she so desires and the money which she earns is her own and not the husbands or family's. In fact, a woman has the right to charge her husband for her labor at home. In conclusion, marriage does not take a woman's right to work but instead allows her not to be taxed with supporting a family and taking care of it.

The explanation of maintenance also provides answers for the distribution of inheritance. It may be argued that it is unjust that a man receives twice as much as a woman. But when it is considered that it falls upon the man to provide money for the family, the law seems just. Hence, the money, which a woman receives, adds to her ability to support herself in the future as of such event death, divorce and separation. So, it adds to economic security of a woman, although she receives less than a man does.

By comparing pre-Islamic marriages to Islamic one can grasp a better understanding of how Islam has contributed to the benefit of women economically. During pre-Islamic times the dowry was given to the parents and therefore women had no say in their marriage partner. Also if a man divorced his wife, she usually had no means of supporting herself and hoped that her family would take her back, which rarely happened. Thus, she entered jobs, which were not dignified, or moral. Mohammed (PBUH) helped women out of this weak position by implementing dowries for the wife and not the family. He also called for financial maintenance of the family by the man whereas before it was the obligation of the women, which meant less care, could be given to the family. Hence, Mohammed (PBUH) aided the status of women by creating a dowry and maintenance.

As well as economic rights, marriage entails many legal rights, which are stated in the marriage contract. The marriage contract is not a sacrament but a social contract, or a prenuptial contract. It joins two people who hope to live a harmonious and loving life together. But it also gives women many legal rights. The first of these is that of consent of a woman of the marriage. A woman must be willing to marry her husband and thus sign the agreement. A woman has the power to refuse to marry the man whom her guardian or father selected. The Prophet said: "The widow and the divorced woman shall not be married until her order or ordained, and the virgin shall not be married until her consent is obtained" (Bukhari, 67:42). So, if the woman does not consent the marriage is considered invalid. Similarly, Islam wants marriages to be founded on love and harmony, which can only come about, by consent of both parties.

In pre-Islamic times, women did not have the power to object to marriage and therefore there were many unhappy marriages. There is also a law called 'option of puberty' in which if a girl is married before puberty by her family and upon puberty she decides that she dislikes her husband the marriage is rendered invalid and she is free to remarry. Therefore, the power of consent allows a woman to choose a husband who she feels will be suitable. She is not under the obligation of her father or family to many someone she dislikes or disapproves of.

Another aspect of the marriage contract is the ability of the woman to state conditions to be met in the marriage. This action is equivalent to a pre- nuptial agreement in western society. Thus a bride can guarantee certain rights by stating them in the marriage contract. For example, she can ask that if her husband takes on another wife she will be immediately divorced, the wife has the right to divorce her husband at will and if a husband drinks he will be divorced. One more important point is that a wife can declare that she does not want to change her religion. Thereby, if these conditions are not met, a marriage may be dissolved. Hence, a marriage contract gives a woman many legal rights, which cannot be manipulated by the husband.

Divorce unlike marriages in other religions is allowed in Islamic marriages. This is because marriage is a social contract and not a sacrament. Though divorce is to be used only as a last step and is seen as repugnant and a disgrace. Divorce is a measure taken so that two people will not be forced to lead unhappy lives. So if a husband and wife cannot live in love and harmony, a divorce is possible.

A husband must have justification for divorcing his wife as the Quran states "The curse of God rests on him who repudiates his wife capriciously." Thus the divorce process benefits the wife because it allows for reconciliation and a husband cannot act on a rash or hasty decision. A divorce involves the man announcing his intention of divorce three times and this is called the talaq. After the pronouncement there is a waiting period, which consists of three monthly periods. During this period, the wife is entitled to maintenance and is not left destitute. It also leaves time for a reconciliation to occur. If at the end of two divorces or talaqs, the couples have not made peace the divorce is declared final and a woman can claim her dowry if she has not done so. A man cannot remarry the wife unless she remarries and divorces the man. This law acts as a device to motivate a husband to consider if divorce is the solution.

Finally, a woman can claim inheritance if her husband dies on his deathbed during the waiting period. Thus divorce cannot be used to cheat a wife out of inheritance. In retrospect, although the husband has more power in the act of divorce, Islam has created a divorce process, which safeguards the rights of the wife.

Women do have the power of divorce, as Islam would not want a woman to live in misery with a disagreeable husband.

If a husband is cruel to his wife she may go to court and dissolve the marriage without having to forfeit her dowry or pay a sum. Therefore, Islam gives women the right to divorce.

In matters concerning religion both men and women are seen as equal. They are both expected to observe prayers and fasting and to obey the religious laws of Islam. Therefore, both must pray five times a day and fast during the month of Ramadan. One clear example of the equal status of women in Islam can be seen by looking at pre- Islamic marriages. During pre-Islamic times when adultery was committed the woman was, not the man was stoned to death, signifying that she had committed a sin. In Islamic times both parties would be blamed and both stoned to death. Another example of equality in the eyes of Allah is the fact that Islamic women, unlike their Christian counter-parts, are not reminded of the sin of Eve. So that there is no need of baptism to erase the sine of Adam and Eve. Subsequently, when entering into marriage both the man and the woman are fulfilling their sunnah, as Islam does not promote celibacy.

The Quran states "The marriage is a tradition whoever keeps away there form, is not amongst me." (Quran sura 2, aya 25). The other part of sunnah is to obey the laws of the Quran, which involves adultery. Therefore, marriage is a means of stopping corruption and fulfilling sexual needs in a safe manner for both sexes.

Besides gratifying sexual needs, marriage is the correct and pious way of procreating. Lineage has been much glorified in Islam as it marks who inherits property and money. In conclusion, Allah treats men and women as equals. Allah expects both husband and wife to satisfy sunnah through marriage, faith to ones spouse and the begetting of children and on the Day of Judgment they will be judged equally.

Many of the practices of Islam are for the benefit of womankind. For example, a woman is excused form praying in the mosque if she is pregnant. Similarly, during the month of Ramadan, men are encouraged to visit their women relatives to show them that they are loved and respected. Besides the practices, Allah did not wish for women to stray in the shadow of their husbands. In fact, Prophet Mohammed youngest wife Aisha often had many intellectuals debates with her husband and even fought along side of him in a war. Subsequently, Islam recognizes wives as separate individuals who are capable of entering into financial ventures and agreements without the consent of their husbands. This is the reason that women keep their own name and not that of their husbands.

Although, women have many different obligations, duties and rights than men it is not due to inequality but in keeping with the natural differences of the sexes. Therefore, the teachings of Islam have done much to elevate the importance of women.

Islam has promoted and elevated the importance of the family, as much of the Quran and the Shariah is devoted to this topic. Raising the family is a difficult task and is seen as contributing to society as it results in religious abiding citizens. Thus, in the area of domestic affairs and the family the wife reigns supreme and her position is never in question. So the importance of the family is glorified in Islam and thus the importance of women in their role as wife and mother.

Finally, the fundamentals of a marriage are two people living in love and harmony. The Quran states: "And among His signs is this, He created for you mates from among yourselves. That you may dwell in tranquillity with them and He has put love and mercy between your hearts. Undoubtedly in there are signs for those who reflect."

Thus marriage signifies the loving union of two people who suit each other due to their different biological and personality differences. They are two pieces of the puzzle that fit together and produce a pious and happy family. This cooperation results because of the different roles which men and women are given based on their gifts from Allah. Therefore, the marriage benefits society by providing a woman with love and security and giving her a role, which benefits society.