ISLAMIC LAW CONCERNING WOMEN Islamic law concerning women is found principally in the Qur'ân, the sacred book of Islam. It is also found in Islamic legal works which summarize Hadîth, or traditions apart from the Qur'ân which claim the authority of Muhammad. Qur'ân references are indicated below. Other regulations are as stated in the Risâla of Ibn-Abî Zayd al-Qayrawânî (922-996).
General respect
The wives of Muslim men are expected to be Muslim, unless they happen to be Christians or Jews (Qur'ân 60:16; 64:14). Again and again the Qur'ân addresses "men believers and women believers (al-mu'minîn wa-l-mu'minât)" as being equally obliged to the basic duties of Islam and equally promised heavenly rewards (e.g. 9:71-72). People are told to revere the wombs that bear both male and female children (4:1). Certain women are singled out as examples of excellent women: the wife of Pharaoh, the mother of Moses (28:7) and Mary the mother of Jesus (66:11-12). A whole sûra (19; also 3:42-48) is dedicated to Mary. Speaking to a culture that placed no value on baby girls, the Qur'ân condemns female infanticide (16:58-59).
Marriage
Circumcision, according to the Risâla (29.09, 41.01), is recommended for both boys and girls. As for the age of marriage, boys must not only have reached puberty but also maturity in making decisions (rushd Q 4:6). A father may promise his daughter in marriage even at an early age, but she cannot take up married life until puberty. (`Â'isha was an exception.)
For a marriage to be valid there are three positive requirements: (1) a matrimonial guardian to speak for the girl, normally her father (cf. Q 24:32), who has the right to compel her to accept his choice for her first marriage, (2) a dower (sadâqa, Q 4:4), an amount paid to the girl and not to her parents and cannot be taken back in the event of a divorce (Q 4:20) and (3) two witnesses of good character. Some negative requirements are: (1) that the woman, if previously married, has finished her `idda, or waiting period to determine whether she is pregnant by her former husband, (2) that she not be related to the man to a degree closer than that of first cousin (first cousins may marry; Q 4:23), (3) that she not be a close in-law, as specified in Qur'ân 4:22-23, (4) that a Muslim woman may not marry a non-Muslim man.
Wives can be up to four, but if the man cannot treat them all equally he must keep to only one (Q 4:3). In Qur'ân 4:129 it is said that it is impossible to treat them equally. In a marriage, man and woman are said to be clothing to each other (Q 2:187), and women are compared to a man's farm where he can sow his seed whenever he likes (Q 2:223). The Qur'ân also frequently refers to women a man owns as slaves; he also has sexual rights with these (70:30, 23:6, 4:25, 33:52). But any relations with other women constitute the sin of zinâ, which covers both adultery and fornication. The punishment for zinâ in the Qur'ân is 100 lashes, but it must be proved by four eye witnesses to the act. An unsubstantiated accusation merits 80 lashes (Q 24:2-5). Yet later fiqh, based on Hadîth, says that a married woman convicted of adultery should be stoned to death (Risâla 32:27).
Husband over wife
4:34 Men are qawwâmûn...; women pray, guarding what they should; admonish, avoid and strike wayward women. (38:44: Job to strike with grass)
2:228 Rights of women like those of men, but men have an edge over them.
4:32; 30:20 Complementarity.
Right to property
Men and women both have a right to their earnings (Q 4:32). Nevertheless, a man owes his wife support (nafaqa, cf. Q 2:233), which is to be paid each month, and lodging, whether she is rich or poor, so that she can be a housewife if she wishes. A woman has a share in the inheritance left by a deceased husband or father (Q 4:11-12), but it is much less than that of her children or brothers, because men have more responsibilities. Khadîja was a wealthy woman and presumably in reference to marriage with her Qur'ân 93:8 says that God found Muhammad needy and enriched him.
Seclusion
Visitors should not enter a house without permission (Q 24:27). Women are to dress modestly (7:26). Women are permitted to see other men and to go out, as did those who came to Muhammad to become Muslim (Q 60:12) and as Abraham and his wife welcomed angels (Q 11:70-72). Yet when they go out they are to wear a veil or jilbâb (Q 33:59), unless they are old (Q 24:60). Only relatives may see them without veils (Q 7:26, 24:30-31).
Divorce
The most common form of divorce is talâq, whereby the man tells his wife "You are repudiated" (anti talâq). After saying this once, they are to lead their separate lives in the home for one `idda period (three months); then he is to repeat the declaration "You are repudiated," or, if he wants, he can change his mind and take his wife back. After a second `idda period he repeats the same declaration a third time if he wants to make the repudiation final. After that he may not take the woman back unless she marries another man and is divorced from him (Q 2:228-230). There is a hadîth that "Of all that is allowed, the most detestable before God is repudiation."
Other forms of husband-initiated divorce are îlâ' (Q 2:226-227; Risâla 32:25) and zihâr (Q 33:4, 58:1-2, Risâla 32:26).
A woman may initiate a divorce herself by taking to court a complaint of cruelty or of lack of support from her husband. Yet in this case they should first try to reconcile their differences (Q 4:128).
Women have a right to support until the divorce is final and then she must receive a severance award (mut`a Q 2:241, to be distinguished from the temporary marriage (mut`a) forbidden in 32.04). Women may remarry after divorce or death of husband (Q 2:232-235).
Public life
As for a womans independent life, as we have seen, she can have her own money. The Qur'âns reference to the Queen of Sheba (27:23) is sometimes cited to justify the participation of women in politics or public life. Yet the Risâla of al-Qayrawânî says: "Women are permitted to testify only in cases of property ownership. A hundred women count no more than two women, and two women count as one man."
Much more could be said about women in Islam, taking into consideration Muhammads dealings with his wives, daughters and other women, the roles of women in Islamic history, some of whom were great leaders, and the thinking of contemporary Muslim women. Some of these are struggling against the weight of tradition while others see many traditional customs, such as wearing the veil, as liberal. The Muslim world is in a period of transition, and we have not seen the end of its development.