Статус исламских женщин

Mozgovaya A.A.,
Student at the Russian State University of Justice

Scientific consultant Osadchaya O.N.,
Associate Professor  at the Foreign Languages Department,
Russian State University of Justice, PhD in Philology

The status of Islamic women

Executive summary.The relevance of the topic is determined by the fact that in genderology and feminology, as well as in modern society in general, the problem of women in the Islamic world is acute. One of the important issues discussed during the last decades in legal, social, and political circles is the protection of women’s rights. Equality is an essential foundation of any democratic society that seeks social justice and respect for human rights. However, women are almost universally discriminated against in the family, in society, and in the workplace. The behavior of a Muslim woman is characterized by modesty and dignity. She is inconspicuous in public, but the success of a healthy society and prosperity lies in her way of life.

Keywords: the status and rights of women in Islam, religion, Muslim law, Islamic society.

An American scholar Robert Frager writes that “in the West, Islam is presented as a religion aimed at the infringement of women. In reality this is not the case. Islam fights for equal rights for everyone. In the seventh century, Islam gave women the rights and freedoms that the West has only recently achieved. Unfortunately, the Muslim community has not always followed the ideals of Islam in their lives” [1].

Shariah includes many provisions that establish women’s rights: a woman’s property belongs only to her and cannot be alienated by her husband; a woman cannot be denied the right to education; humiliation of a woman’s honor is considered a punishable offense; a woman cannot be forced into marriage; a woman can go to court to litigate and testify; violence in marriage is punishable; a woman can divorce her husband; a husband must support his wife; women receive equal pay as men.

Islamic society after the collapse of tribal relations presented an unconventional picture for the Middle Ages. In legal theory and practice, it did not acquire structure, and no associations were created between the individual and the state. The result was that all believers were equal before the law. There were no class associations and no signs of racial discrimination.

The concept of the Quran contains and defines such a feature of Islam as the potential need to implement a certain “ideal” model of society in a particular socio-historical situation. The normative system of Islam is characterized by the interrelation of moral, religious, and legal norms, which are institutional.

Spirituality in Islamic society implies both individual and collective responsibility to Allah, which must have specific manifestations in the social reality of Muslim society. Based on the normative obligation of morality as a factor that limits social behavior, we should consider the social status of women in Islam. The social status of women prescribes certain roles, and those presuppose a set of rights and duties which are enshrined in the Muslim legislation. The role of women in society, as well as men, is determined by the Muslim conception of the world order.

It is the institutional, i.e. religious, value-rational and normative aspect of social life that is the decisive factor that determines the level of a Muslim woman’s inclusion in the social reality of Islamic society. The role standardized behavior guarantees a woman’s social, material, physical, and even psychological security.

Islam is the third and youngest religion. It is among the most widespread religions on the planet. Islam is practiced by more than one billion people. For many researchers, the status of women in Islam is recognized as one of the most controversial and yet serious problems, not only for Muslim women themselves, but also for those concerned with the protection of women’s rights in the Muslim world. The behavior of a Muslim woman is characterized by modesty and dignity. The Quran clearly defines that a woman is fully equal to a man before God in her rights and duties. She is inconspicuous in public, but in her way of life lies the success of a healthy society and prosperity. A woman of faith can be compared to a jewel of the same pure, radiant, and perfect nature.

Religion gave women the role of hostesses, keepers of the home, mothers, and loving and faithful wives. This image became dominant in religions. Men were given a more privileged role over women. Ridiculous stereotypes were formed about the intellectual, physical, and other disadvantages of women compared to men. And the task of civilized society is to respect every person, whether man or woman, to be considered equal.

In performing religious rituals, such as daily prayers, fasting, obligatory donations to the poor, and pilgrimage, women’s duties are no different from those of men. And in some cases, a woman is privileged over a man. She is exempt from fasting during pregnancy and while breastfeeding and caring for her child. If the missed fast (in the month of Ramadan) is compulsory, she can make up for it at any time. She is not obliged to make up for the prayers missed for any of the above reasons. In some Muslim countries women have free access to the mosque, in others they do not.

External beauty is a physical quality. Inner beauty is a religious and moral quality. A courteous woman is kind to her husband and shows him respect. A woman is a mother, a sister, a daughter, and a wife. The treatment of all these groups of women by men is strictly controlled by God. Harassment and infringement of the rights of any of them is strictly punishable. With regard to mothers, an authentic hadith (saying) says: “Paradise is under the feet of mothers”, i.e. the attitude towards them determines the well-being of a Muslim man in eternity. As for sisters, daughters, and wives, men are responsible for them before the Almighty. The religiosity and upbringing of the next generations depend largely on women. They are charged with the great function of keeping the home calm, peaceful, and religious; the upbringing and piety of the younger generation.

Currently, there are many publications in the American literature on the problem of violence against women in Afghanistan, who continue to be victims of violence, despite the 2004 Afghan Constitution, which grants equal rights to all, as well as various provisions of the Penal Code. Official statistics do not reflect the actual state of violence against women, but it is known that 57% of women marry before the legal age, only 5% of these marriages are officially registered. There are cases of general gender-based violence in the form of arson and bombing of schools for girls. In many cases, victims of violence prefer not to report the incident to law enforcement agencies. The reason for such decisions is fear: victims are afraid of public contempt or death as revenge from perpetrators or their relatives [4].

In the late nineteenth and early twentieth centuries, the process of reforming traditional Islamic life unfolded in a number of countries of the Muslim world. The term “Islamic feminism” emerged, which in many cases expresses demands to observe and ensure women’s rights in accordance with the norms of Islam, which gives women the opportunity to protect and expand their rights in patriarchal society. Today, many Muslim countries (Afghanistan, Iran, Indonesia, Lebanon, Saudi Arabia, Syria, Turkey, Tunisia, etc.) have international legal instruments that deal with human rights, especially the rights of Muslim women. In September 1981, the Islamic Council of Europe declared a Universal Islamic Declaration of Human Rights [2].

Muslim law, in contrast to other legal systems, devotes a great deal of attention to the regulation of matrimonial legal relations. According to Islam, marriage is a bilateral contract based on the mutual consent of the parties and considering a set of mutual obligations. For this contract to be valid, the public consent of both bride and groom is required; without their consent, the marriage contract is invalid.

Muslim religion allows polygamy, given the different circumstances of people’s lives. One of the prerequisites for polygamy may be a particular demographic situation in which women outnumber men. Polygamy in Islam implies that a man has the right to marry a maximum of four women. Pre-Islamic times are characterized by the fact that during that period of history polygamy was unlimited, and then a man could have an unlimited number of wives. Some men had hundreds of wives, but Islam imposed a strict restriction, which meant that it was allowed to have no more than four spouses. And there is a condition that the husband treats all his spouses equally, which is not always the case and is sometimes difficult for a Muslim man. A Muslim man is obliged to take equal care of each of his wives, to provide them with the same material prosperity, to give equal attention to the spiritual life and religious education of each of them. None of them should be in want of anything. If a Muslim has several wives, he must provide the same living conditions for each of them. A Muslim must not single out any of his spouses over the others or belittle any of them.

Under Muslim law, a woman has the right to divorce her husband if he is unable to fulfill his marital duty. It should be noted, however, that Islam does not approve of divorce. According to Sharia law, there is a complicated procedure for divorce. Only after this procedure has been carried out is the marriage really considered to be dissolved. Violation of these rules is considered a serious sin and disobedience to the Almighty. Islam requires that the spouses use all means to preserve the family and to resolve the conflict. It is accepted, however, that there may be situations in which it is better to sever the marital relationship. However, divorce in Islam is not the rule, but only the exception to it. It is a last resort to solve problems in the family [3].

A woman, according to Islam, has the right and must acquire an education and a profession. The pursuit of knowledge in the broadest sense of the word is actually a sacred injunction imposed on every Muslim. The rights of a woman are equal to those of a man, but not at all unequal. A woman in Islam is as independent a person as a man, with all her human qualities and mental aspirations. Her opinion is always taken into account and not ignored simply because she is a woman. A woman is free to enter into contracts, to engage in business, to make her own decisions, to own money, etc.

Islam respects a woman’s right to work – creative work for the benefit of the family and society. There is no absolute prohibition on female labor in Islam, but considering the special nature of women, the Shariah has defined several conditions that ensure the protection of the working woman’s honor, health and safety:

1) a woman should, if possible, work separately from men, since mixing is harmful to both women and men;

2) a woman who wishes to work must obtain the consent of her husband, father, brother or guardian;

3) labor must not adversely affect a woman’s physical and spiritual condition;

4) women are advised to put their efforts in those areas where it would be most effective and expedient;

5) work should not take up too much time;

6) a woman should not use cosmetics or perfume outside the home.

Today a Muslim woman is socially active: women in the Islamic world master new computer technologies, are engaged in political, journalistic activities, teaching, etc. In civilized countries there are laws that equalize the rights of men and women, where a woman has the right to study, work and participate in the public life of the country (Saudi Arabia, UAE).

Литература

1. Амиров М.Г. Особенности правового положения женщины в исламе. Юридический вестник ДГУ, 2015. Т. 16. №4

2. Бекирова Л.С., Ильченко И.А. Женщина в исламе: история и современность. Ученые записки Тавридского национального университета им. В.И. Вернадского. Серия Философия. Культурология. Политология. Социология, 2013. Т. 26 (65). №4. С. 97-103.

3. Фролова Л.Н. Статус женщины в исламе. Вестник Адыгейского государственного университета. Серия 1: Регионоведения: философия, история, социология, юриспруденция, политология, культурология, 2009.

4. Ali H.Women rights – what right do women have in Islam. Prayer Time NYC, 2023. URL: https://www.prayertimenyc.com/women-rights-islam/ (дата обращения: 04.02.2023).