THE STATUS OF MAN AND WOMAN

Basically, according to the Holy Quran, there is no difference or distinction between one child and another by virtue of his birth: (17:70) "We have made every human being equally worthy of respect" is the ground rule. It is apparent that both men and women are included in "humanity" and both of them are equally worthy of respect. In pre-Islamic Arabia, a girl was considered inferior to a boy, and sadness, depression and anger of spirits prevailed on the birth of a girl. The Holy Quran has forcefully condemned this mentality and has described it as follows: (16:58-59) "When news is brought to one of them of the (birth) of a female (child), his face darkens and he is filled with inward grief. The birth of a girl is considered such a disgraceful event that he hides himself with shame from the people because of the bad news announced to him. He begins to think whether he should keep her alive with disgrace or bury her in the dust, in order to save himself from this ignominy. Ah! What an evil (choice) he decides on her."

The result of this degraded status of girls in the Arab society of that era, was that they were kept devoid of literacy and art. They were considered foolish and ignorant. There was no value of their opinions and they were considered unworthy of consultation in settling affairs. It is apparent that when they are kept in this position in successive generations, their intellect would gradually degenerate. These were the women whom the Quran describes as: (43:18) "One brought up among ornaments and unable to give a clear account in a dispute". This was the abatement in a woman, on the basis of which the Quran had advised that when a woman has to appear before a court of law, a second woman shall stand by her side to remind her if she forgets or is confused. (See under the heading "Evidence"). (2:282) "If one of them gets confused or forgets, the other may remind her."

The Quran raised woman from this level and with proper education and upbringing brought her to the level of man in all walks of life. Men were instructed not to look down on women because: (3:194) The one of you is from the other". However, in relation to certain natural functions, like 'childbirth' and the nurturing and upbringing of children, there is their own distinct 'division of labour'. From this point of view, in the 'allocation' of labour, men are superior to women in some affairs, and women are superior to men in others. This is what is meant by: (4:32;34) "Allah Almighty has made some of them excel others". In order to fulfil their natural obligations, a woman's major part of life is spent in the giving birth to and in upbringing of children. During this period she is not capable of earning her own livelihood. Thus (as is stressed by the Quran) in a family life, man is responsible for fulfilling the needs of the woman: (4:34) "Men are the maintainers of women". This has been made clear so that men may not think that women consume their earnings, while sitting at home, with no effort on their part. Thus taking them as 'needy', men may consider them despicable and abject. The Quran has explained to man that family life is a mutual affair; in it the duties performed by woman are not within your reach; as such it is your duty to provide for her and the children. This does not mean that the Quran considers woman a disabled person entirely dependent on man. What has been said relates only to distribution of work in family life; otherwise a woman can also earn her livelihood and be its owner. It is said in Surah An-Nisa: (4:32) "Men shall have what they earn and women shall have what they earn."

Since in family life the fulfillment of the needs of the wife and children is the responsibility of man, in the inheritance of the property of parents a daughter's share is half that of a son. (Details will be found in the chapter of Inheritance).

Besides the difference described above, the status of men and women is equal in all affairs of daily life; equal to the extent that the Quran has used the word Zauj for them. If two parts of a certain object are such that one remains incomplete without the other, each one of these two parts is called Zauj i.e. one serves as a means to complement the other, e.g. the two wheels of a cart: if one is missing, or is weak, or comparatively smaller, the other shall become useless. That is the relationship between a wife and her husband and their positions in the vehicle of life. As far as belonging to different sexes is concerned, there in no special competency that men possess and women do not. Observe how the Holy Quran has described their qualities as parallel to one another when it is said; (33:35) "It is a fact that as men can bow down to the Divine Laws so can women; as men can be the believers in truth, so can women; as men are capable of attesting and verifying their 'belief' by their personal acts, so are women; as men possess the capability of not losing heart in the event of trials, so are women; as men can go on submitting to the feelings of their responsibilities, so do women possess this capability; as men are equipped with the quality of self-sacrifice, so are women; as men can keep complete control over themselves, so can women; as men possess the capability of keeping themselves subservient to the Divine Laws, so do women.

As men and women both possess all the above qualities, the fruits of their deeds should also be similar for each other. For the same reason Allah Almighty has prepared protection and reward for both."

It can thus be seen from the above that there is no aspect of life in which men are competent but the women are not. The Quran says: (4:124) "If having professed Eemaan, any does deeds of righteousness (constructive and positive), whether male or female, both shall get the life of paradise and not the least injustice will be done in their recompense."

At another place the Quran states: (3:194 ; 16:97) "Never shall We deprive any of you of the fruits of your efforts _ whether male or female. You are the individuals belonging to the same kind: so why should there be any distinction or classification between you "

To enjoin what is lawful according to the Divine Laws and prohibit what is unlawful is the basic duty (function) of an Islamic State; and men and women both can take part in the performance of this duty: (9:71) "The believing men and women, are friends and associates (companions) of one another on account of their sharing the motto of life, they enjoin what is just and forbid what is evil; they establish the System of 'Salaat' and provide means of nourishment to humanity, and obey Allah Almighty and His Rasoole - (the Divine Order). These are the people who shall benefit from the means of nourishment provided by Allah Almighty and the whole world shall witness the power and wisdom of the Divine Laws."

Thus a woman cannot be declared ineligible for taking part in state affairs merely on account of her being a woman.

It is apparent from the principles laid down in the Quran that any law that discriminates between men and women only on the basis of sex, is repugnant to the Quran (Except in those matters where the Quran has specifically said so, e.g., share in inheritance).