
Ayesha Mahmood Malik, Hampshire
Imagine it is the 7th century. Camels and horseback dot the Arabian sands that continue to sprawl endlessly into the horizon. Desert dwellers use basic oils or the friction from rubbing stones to light wood to warm themselves in the desert chill and also use these fires as stoves. Tales of lands far away abound, including China wherefrom come garments of silk to wear. Deep in the desert shrills of female infants being buried alive cloud the barren landscape. To be woman or cattle are one and the same. The society is not only starkly primitive but also the archetype of patriarchy.
Thus, for the 21st century scholar and thinker, it is an era that both captures the imagination with its mystic scents of Arabian ouds but also one that sends one gasping in so far as it belies any affiliation to modernity, human rights and importantly, women’s rights. Into this beleaguered state, dawns the advent of a man who brings the revolution of monotheism and women’s rights. Into this primeval and crude infrastructure, he introduces the notions of government, rules of war and principles of equality and non-discrimination. And into the incessant history of the persecution of Arabian women, he brings for women the right to marry freely, the right to seek education and the right to inherit and initiate divorce.
This radical new faith is called Islam. Its rules are universal, thereby bringing within its ambit all peoples’ who choose to take the oath of allegiance to its founder, the Holy Prophet Muhammad (peace be upon him). Its rules are also revolutionary in so far as they grant women the right to seek education, the right to initiate divorce and the right to inherit property. It also grants women full control over their own earnings. In other parts of the world, these rights remain largely unheard of, until many hundreds of years later. Paradoxically, when these rights begin to dawn in what is considered the modern world, Islam is castigated as being regressive, illiberal and oppressive to women.
In Britain, the right to divorce for example was up until 1857 largely open to men and required an Act of Parliament to be decreed. This being an onerous and expensive process, it also meant divorce was open largely to the wealthy. The 1857 Matrimonial Clauses Act granted ordinary people the right to divorce for the first time. Even then, women seeking divorce on grounds of adultery had to prove their husbands had been unfaithful along with proving additional faults such as rape and incest. In contrast, women were able to seek divorce without the burden of fulfilling arduous conditions by placing the merits of their case before a qadi (judge).
Similarly, it was not as late as 1870 when the Married Women’s Property Act was passed in England that women became legal owners of their income and were given the right to inherit. John Stuart Mill in his “The Subjection of Women” describes the predicament of women in the 19th century in these words, he writes:
“[T]he wife is the actual bond servant of her husband… She can acquire no property for herself: the instant something becomes hers, even if by inheritance, it automatically becomes his. In this respect the wife’s position under the common law of England is worse than that of slaves in the laws of many countries.”
Under Islamic law on the other hand, women enjoyed the right to inherit 1200 years before Mill put ink to paper. Even today, a Muslim woman is the sole master of her own earnings and is not obliged to spend any of her personal income towards the upkeep of her household, the entire responsibility whereof rests on the man.
Perhaps the greatest testament to the empowerment of women in Islam is the emphasis it places on their right to seek education. This commandment encouraging the pursuit of knowledge is 1400 years old and entirely gender neutral. It was a Muslim woman, Fatimah al-Fihri, who founded one of the world’s oldest universities in 859 CE. In contrast, British universities opened their doors to women as late as 1876. Women have played key roles in various capacities throughout Islamic history, from the women who partook in battle in the 7th century by tending to wounded soldiers to the Prophet (peace be upon him)’s wife Hazrat Khadija who was a successful tradeswoman.
Today, the question of empowerment of Muslim women is largely seen as an oxymoron owing to the misplaced practices in the Muslim-majority world that have chosen to use the Islamic faith as a political tool and fashioned their own virulent interpretation of the religion that has no bearing to its original form. As a hijab-wearing Muslim woman I find no contradiction between the question of my empowerment and my identity as a Muslim. By recognising and appreciating the differences between men and women as unique, women are not measured against men as standard bearers but rather celebrated for their own inimitable contributions to society. This distinctive point of view provides the single most powerful means of making a woman feel empowered and is exclusive to the Islamic faith.
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