‘Qadiyat al-Mar’ah’ [woman’s issues] is a modern concept. Throughout Islamic history, there has never been a subject known as, ‘Qadiyat al-Mar’ah’, which relates to women’s employment issues, political participation or anything of the sort. This term appeared when the West endeavoured to impose its culture and traditions on the whole of mankind, including Muslims. They call for women’s freedom whereas women who live in a society that upholds both the letter and spirit of Islamic law, and where men are aware of this and live according to it, are in fact liberated.
Scholars of Qur’anic exegesis [tafsir], jurisprudence [fiqh], and the Prophetic traditions [Hadith] are unanimous in their agreement that the commandments of God [swt] are directed to both men and women equally. They also agree that legislative texts wherein the teachings are directed to men are also binding upon women, unless it is stated that the commandment is directed to men only or vice versa.
Umm Salamah is considered to provide a clear example of this understanding. It was narrated that ‘Abdullah Ibn Rafi’ said that ‘Umm Salamah heard the Messenger of God [pbuh] saying on the Minbar, ‘O people!’ This was while her hair was being combed by her bondmaid, so she said to her, ‘Let me hear what the Prophet [pbuh] is saying.’ Her bondmaid responded, ‘He calls men, not women.’ Umm Salamah replied, ‘I am one of the people.’ [Muslim]
Political rights according to Egyptian law, which is one example of a Muslim country, are considered legal rights that are granted to a person on the basis of citizenship. These rights depend on the person’s nationality in the sense that these rights are only granted to Egyptian nationals and not to foreigners. For example, the text of one law concerning political rights in Egypt states, ‘Every Egyptian [male and female] aged eighteen lunar years has the right to practice by himself [or herself] these political rights.’ Article 5 of the consultative council law no. 38, 1972 was amended by law no. 109, 1976, Article 6 of the consultative council law no. 120 of 1980, and Article 75 of the local government law no. 43 of 1979. Another laws states, ‘Whoever shall be nominated or put up as a candidate in these councils must be of Egyptian nationality.’ Moreover, the current constitution stipulates, ‘It is imposed as a condition on whoever shall be elected as the president of the Republic that his/her parents’ nationality should be Egyptian.’
These aspects of political rights in the Muslim community are summarized as follows:
- Electing and accepting the ruler. This is known in Jurisprudence [Fiqh] as Bay’ah [pledge].
- Participation in public issues pertaining to the nation. This is known in the Shari’ah as ‘Shura’ or consultation.
- Holding political offices and positions in the government or institutions of the State.
- Advising the ruler, enjoining good on the ruler, and forbidding the ruler from evil.
Islam did not differentiate between men and women in all the rights mentioned above. This can be explained in detail as follows:
First: Electing the Ruler
Electing the ruler and accepting him is known in Jurisprudence [Fiqh] as Bay‘ah [pledge]. God [swt] generally mentioned Bay‘ah in more than one place without specifying men or women. The Qur’an declares, ‘Indeed, those who pledge allegiance to you, [O Muhammad] – they are actually pledging allegiance to God. [Al-Fath, 48: 10]
God [swt] has also referred to women in Bay’ah where He [swt] says, ‘O Prophet, when the believing women come to you pledging to you that they will not associate anything with Allah, nor will they steal, nor will they commit unlawful sexual intercourse, nor will they kill their children, nor will they bring forth a slander they have invented between their arms and legs, nor will they disobey you in what is right – then accept their pledge and ask forgiveness for them of Allah. Indeed, Allah is Forgiving and Merciful.’ [Al-Mumtahinah, 60: 12] Thus, the Qur’an proves that women, like men, have the right to give Bay’ah to the Muslim ruler and have a voice that is equal to that of men.
Second: ‘Shura’ or Consultation
Participation in public issues pertaining to the whole nation is known in the Shari’ah as Shura or consultation. Islam calls for the principle of Shura [consultation] between the ruler and subjects and did not differentiate between men and women in these respects. The Qur’an declares the merits of Muslims in many places. ‘And those who have responded to their Lord and established prayer and whose affair is [determined by] consultation among themselves, and from what We have provided them, they spend;’ [Ash-Shura, 42: 38]
God [swt] says about His Messenger [pbuh] who was representing the ruler of Muslims at that time, ‘So pardon them and ask forgiveness for them and consult them in the matter. And when you have decided, then rely upon Allah. Indeed, Allah loves those who rely [upon Him].’ [Al-’Imran, 3: 159] The Messenger of God [pbuh] consulted his wife Umm Salamah [raah] concerning a difficult situation during Al-Hudaybiyah treaty, after he [pbuh] concluded the peace treaty with the disbelievers. He ordered the Muslims to shave their heads and offer Hadi [sacrifice] because they would not go to Makkah that year. But when no one obeyed him, she said, ‘I swear by God that no one obeyed him until he repeated it thrice, and when no one obeyed him he went to Umm Salamah [raah] and told her about what the people had done so she [raah] said, ‘O Messenger of God [pbuh] do you like that? Go out and do not speak to any one of them till you sacrifice your Hadi and have your head shaved.’ The Prophet [pbuh] went out and did not speak to anyone until he had done so. He sacrificed his Hadi and had his head shaved, and when they saw this they sacrificed their Hadi and shaved each other’s heads.’ [Al-Bukhari and Ahmad]
These days, Islamic scholars do not object to women being nominated to positions in parliament, where they represent a huge number of people and participate in enacting and regulating laws. Moreover, Dar Al-Iftah in Egypt passed fatwa [legal opinion] no. 852 of 1997 concerning the permissibility of a woman to be a member of parliament or the People’s Assembly, which is summarized by the following: Islamic law does not prohibit women from being members of parliament or the People’s Assembly if people agree for them to be their representatives in these councils if the specifications of these councils comply with their God-given nature, and women must adhere to the limits set by God which are ordered in the Islamic law.
Third: Holding High Offices in Government
Traditions were mentioned concerning holding woman as the executive authority or police, which is named in Islamic Jurisprudence [Fiqh] ‘Al-Hisbah’. During the first century some Islamic scholars, on the basis of these traditions, allowed women to assume this sensitive leadership role in an Islamic country. It was stated in the juristic encyclopaedia that others allowed women to hold such positions because it was proven that Samra’ Bint Nuhayk Al-Asadeya was passing through markets enjoining good and forbidding evil and she had a whip with her.’ [1]
Abu Balg Yahya Ibn Abu Salim said, ‘I saw Samra’ Bint Nahik, who was a contemporary of the Messenger [pbuh], wearing thick armour and a heavy veil, holding a whip, enjoining good and forbidding evil.’ [At-Tabarani]
Moreover, a woman is allowed to assume judicial positions according to the opinion of some reliable scholars. According to Abu Hanifah and his companions, women are allowed to assume judicial positions regarding issues where their testimonies are accepted alone or along with that of men, for bearing witness contains the meaning of legal authority [wilayah]. Ibn Hajar said, ‘The majority opine that it is not permissible for a woman to assume a judicial position or to reign over the country, while for At-Tabari it is permissible.’ This was narrated by Malik. Abu Hanifah said, ‘She assumes judicial authority regarding issues where the testimony of women is accepted.’ [2]
From the abovementioned, it becomes clear that a woman is allowed to hold high positions in government. Nowadays, in most Muslim and Arab countries, women participate with men in all governmental positions, political and practical life. Women assume the position of ambassador, minister, professor, and judge for long periods of time and rival men in terms of their salary and rank for all of these responsibilities.
Four: Advising the Ruler of What is Good and Forbidding Him from Evil
Women gave advice to the rulers in the first century. During the caliphate of ‘Umar, Qatadah narrated, ‘When ‘Umar came out from the mosque accompanied by Al-Jaroudi Al-‘Abdi, a woman passed by him so he greeted her, then she greeted him in return and said, ‘O ‘Umar! Beware, I was contemporary to you when you were small and known as ‘Umayra in the market of ‘Ukaz pasturing the sheep with your stick, then you were named ‘Umar, and afterwards you were named the Commander of the Believers [Caliph], so fear God concerning your subjects and know that he who fears the punishment of God [swt] will not commit evil.’[3]
Abu Nawfal said, ‘…After the assassination of ‘Abdullah Ibn Az-Zubayr, Al-Hajjaj came to ‘Asma’, daughter of Abu Bakr, and said, ‘What do you think about what I did with the enemy of God?’ She said, ‘You took from him this world, while he took you from your hereafter. The Messenger of God [pbuh] told us that among the people of Thaqif there is a liar and a butcher. We know who the liar was, but as for the butcher, I think it is you.’ So, he left without responding to her.’ [Muslim]
These are just a few examples but Islamic history is full of others. Nowadays, a woman is allowed to practice this right like the man through the lawful channels like the press, and membership in parliament or other channels of power and authority.
[1] The Kuwaiti Encyclopaedia of Fiqh, vo.17, p. 241.
[2] Al-‘Asqalani, Ibn Hajar, Fath al-Bari, vo. 8, p.128.
[3] See Al-Isti ‘ab by Ibn Abdil-Barr, vo. 4, p.1831, and Al-Isabah fi tamyiz as-Sahabaha by Ibn Hajar, vol.7, p.620,