Alexandria
Declaration on Women Rights in Islam
By Shari`ah Staff
Saturday, 12 April 2014 00:00
During the International conference,
"Women's Issues: Towards a contemporary Islamic Ijtihad[1]", participants
discussed the importance and significance of issuing a declaration that springs
from cognitive and cultural grounds, and asserts legitimate rights of women.
The Conference - organized by the
Bibliotheca Alexandria in collaboration with a number of civil society
institutions during the period 10 - 11 March, 2014, maintained that
participants produce a declaration that meets women’s aspirations for justice
and equality, and acknowledges their creeds and cultural diversity.
This declaration is grounded on the
sublime principles of Islamic Shari`ah, along with some genuine Ijtihad-based
efforts, the rich sessions of the conference and the additional commentaries
issued by a number of senior Shari`ah scholars in the Muslim world. It is also
the joint fruit of discussions that took place under the auspices of Al-Azhar
Al-Sharif throughout 2012-2013 involving number of Egyptian feminists and
representatives of civil society institutions concerned with women rights.
Moreover, this declaration includes
fundamental principles and common denominators for social, economic, political
and cultural rights in a manner that fits Muslim communities, and allows them
to deal with women issues according to their different cultures, economic, and
political conditions.
The declaration thus embraces the
following issues
Premises:
1. Total rejection of
the politicization of community issues or the exploitation of women's issues in
the political struggle among the various societal powers. Therefore, the
declaration calls for the necessity of addressing women's issues through
nations’ and communities’ genuine needs and authenticated religious and
scholarly knowledge, and social field studies.
2. Stressing moderate
values that are characteristic Islamic culture and its offshoot familial
culture, and that are far from extremism and parochialism, which negatively
bears on the set of family relationships, family's social and worldly choices,
and hampers development and proper social change.
3. The belief in
equality, in terms of human soul, spirit, dignity, and joint responsibility for
the universe, is an essential concept in the man-woman relationship in Islam.
4. Ensuring that
legislations related to women be of a harmonic and sympathetic societal rather
than conflicting nature. This will serve to protect individual rights for the
entire community, and on top of it are the individuals within the family,
without discrimination. This is to be observed on condition of guarding the
interest of the child, being the one having top priority in the development of
such legislations.
5. Tending to assert
women participation in public space, and maintain equity between them and men
in terms of dignity and human capacity, and prohibit viewing women in light of
her bodily functions only.
Woman's rights and duties
First: Woman's human and social value
· Women status in
Islam is based on equity between men and women, in the sense of their human
nature, and as members in their communities and nations.
· The relationship
between man and woman is built on joint responsibility, where priority and
preference are judged against the criterion of the word of truth and justice,
since Almighty Allah (Exalted is He) says,
{The believing men and believing
women are allies of one another. They enjoin what is right and forbid what is
wrong and establish prayer and give Zakah and obey Allah and His Messenger.
Those – Allah will have mercy upon them. Indeed, Allah is Exalted in Might and
Wise} (At-Tawbah 9: 71).
· Indeed, the
principles of equality and joint responsibility, being the basis for
understanding the relationship between the two sexes, and entrenchment of it in
the nation are established through clear-cut Qur'anic verses, and therefore it
is impermissible to either distort or restrict them.
· The relationship
between man and woman in Islam is one of inextricable organic and functional
integration, and this is best manifested through the Glorious Qur'an's
establishing a fixed and constant term in reference to the two sexes, namely
"the two spouses". So, a wife is a spouse, just as a husband is a
spouse too. And though it acknowledges diversity, the term - in the meantime -
establishes a relationship of integration, and therefore it is sort of
diversity that is not liable to dissolution or dissonance. Rather, its basis is
correlation and integration. Such organic and functional integration should not
be a means to deprive the child, male or female, of equal opportunities in
terms of its upbringing.
· If equality in
terms of the human soul, spirit and dignity, and in terms of sharing
responsibility for building the universe, represent essential concepts in the
man-woman relationship in Islam, then the concept of guardianship [Qiwamah]
assets wise responsibility. It also denotes "financial and humane
commitment towards the family", and means that a husband undertakes
providing the wife and the family with their moral and material needs, in a
manner that ensures satisfying needs and providing a sense of tranquility and
reassurance. This is meant to maintain man-woman shared responsibility, and not
to establish an absolute authority of men (either husbands or fathers) for
predominance over the wife and the children.
· Woman has the right
to life, dignity, free choice and fair treatment. She - as a human being - is
also entitled, rather bound - to properly invest the human moral and
material capacities bestowed on her by Almighty Allah, knowing that she will be
called to account for it on the Judgment Day. Besides, the state - being an
embodiment of the nation's will - is required to facilitate that and pave the
way for it, for both men and women alike.
· A Muslim woman is a
founding agent in the "social contract", according to which the
Muslim nation is founded, through what is known as the "Women's
Pledge", that was taken at the early stage of Islamic Da`wah. Such pledge
was then propagated and turned into the basis for the common pledge between the
Messenger (peace be upon him) and the rest of the Muslims, in line with
Almighty Allah's (Exalted is He) saying,
{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-Mumtahanah 60: 12).
· Finally, women have
economic and political rights equal to that of men, given that the development
of economic and political fields, functions, systems and roles mostly occur
within the circle of Maslahah Mursalah,[2]that is neither
approved nor abolished in the Shari`ah. Then, judgment of controversial issues
in this regard is based on Ijtihad by established scholars, in
terms of interpretation, illustration and inference of respective rulings. Such
a constant historical and cultural process, in which the woman has the right to
participate whenever she has respective competence and capacity.
Second: Women legal personality
· Women are entitled
to full legal capacity, and to have their own independent financial and legal
accountability, and the right to full independent disposition of what they
possess.
· Women have
undisputed legal right to inheritance, and the state is bound to ensure woman's
acquisition of their due share. Besides, scholars, wise men in the nation and
opinion leaders should exert efforts to put an end to unjust mores and
traditions that hamper the implementation of legal texts regarding woman's
share in inheritance, which is described by Almighty Allah (Exalted is He) as
"an obligatory share", and to develop legal guarantees that ensure
it.
· The controversy
stirred over women's share in inheritance, and the attempt to draw on it as
evidence to women's inferiority in Islam is one fabricated by opponents and
supporters alike, due to two points. The first is that it is impermissible to
infer generalizations relating to woman's personality and status through
particular rulings, like inheritance-related ones, especially that the
Law-Giver (Glorified and Exalted is He) has settled the issue of women's status
and of equality between men and women, through other uncontroversial, clear-cut
texts. The second issue that the wisdom behind legislations is not based on
rights alone, but on the total set of rights and duties. Accordingly, this set
grounded on giving a man double the share of the woman in certain cases of
inheritance, is intertwined with the supposition of man's binding
responsibility to fully provide for the entire family and needy kindred. On the
other hand, the woman's lesser share is coupled with her being discharged from
any responsibility for supporting other family members financially. All this is
an embodiment of the two values of justice and equality. For, equality does not
necessarily mean similarity or uniformity in terms of particularities and
details. Rather, it means balance in terms of right and duties, as is known in
legal principles. It is a well-established fact in Islamic jurisprudence that a
woman takes an equal share in inheritance like that of a man, gets even a
bigger share than him, or gains a share while he takes nothing, in thirty
cases. While, she gets half of the man’s share in three inheritance cases only.
· A woman is
competent to bear witness, though - regarding the details relating to its
respective rulings - it is incorrect to claim that he testimony judged as
weighing half of the man's, because such would represent an arbitrariness in
perpetration of and inference from the Glorious Qur'an. It is noteworthy that
there are considerable scholarly opinions that differentiate between giving
testimonies and acquiring witnesses [when writing loans contracts]; while the
former is considered legal evidence whether it is from one man, one woman, two
men, two women, or a man and a woman, the latter is a legal concession for the
creditor to highly secure his financial dues.
· Indeed, the wisdom
and default ruling regarding testimonies in general, is to maintain multiplicity,
which guarantees integrity and wards off collusion, bias or error - i.e.
forgetfulness -, that corrupt testimonies. Therefore, testimonies in cases of
crimes are more binding on individuals than they are due rights and a judge may
draw on the testimony of a woman or a child in family-related issues.
Third: Woman and the family
· The family is the
foundation and core of the community and it is a contractual, moral and
material entity, which the state and the community should maintain all due
measures and facilities that support and protect it.
· The family is a
contractual entity since it is a volitional relationship established through
agreement. In this regard, the man and the woman have the free will to build or
put an end to the family. Hence, it is founded according to established rulings
in the Shari`ah, as expressed in clear-cut Qur'anic verses, and to the
provision stipulated in the contract, the primary pillar of which is mutual
consent and agreement. Here, documentation is meant to protect both parties’
rights and women rights in particular.
· The family is
founded on participation, consultation, justice, and mutual affection and
mercy. And Almighty Allah (Exalted is He) has ordained that the man provide for
the family as an obligation, given the woman's playing her natural role in
giving birth to and caring for the children. So, spending on the woman and the
child is a due right for them and an obligation on the man. This, however, does
not mean confining the man and the woman to such enacted roles only, since each
of them has several other roles to play.
· The family is
"also" a moral entity sanctified by Almighty Allah (Glorified and
Exalted is He), as He described the bond between the two spouses as a
"solemn covenant". Hence, preservation of the entity of a family is
among the grave tasks that should be maintained and guaranteed by the two
spouses and their kindred, the community, religious and cultural scholars, and
the media and all community and state institutions.
· Family legislations
based on Islamic teaching require more efforts for assimilation of sound
Islamic family-related concepts and values. For, it has become urgent, due to
current circumstances, to reassert it through legislations and through means of
education and instruction. On top of such concepts areaffection and mercy,
as concrete basis for the establishment and persistence of the family.
· Almighty Allah
(Exalted is He) has legalized divorce, Khul`[3] and
other forms of separation as means for dissolution of marriage in case it
becomes impossible to maintain the conjugal relationship, based on the legal
rule that dictates,
{But if you fear that they will
not keep [within] the limits of Allah, then there is no blame upon either of
them concerning that by which she ransoms herself} (Al-Baqarah 2: 229).
Such ordinance is grounded on mutual
agreement and understanding between the two spouses to terminate the conjugal
relationship. Here, it is impermissible for the husbands to abuse their right
to divorce, or to encroach upon the woman's legally established rights.
It is also necessary to legally
codify arbitration principles in fixing marital problems and relevant juristic
opinions in order to encounter divorce mess.
· Indeed, moral and
material care for the children is among the primary responsibilities of the
family, and it is both a right and a duty for the parents as well as for the
entire community. It is also a joint responsibility for both parents, which
they should never cede or neglect. This right is legally regulated in line with
the Shari`ah rules, on top of which comes the child interest, ahead of any
other consideration.
· Indeed, asserting
and highlighting the moral and ethical dimension in family formation, through
both culture and legislations, guarantees bringing the community gradually
closer to the collective objectives of the Shari`ah, since Almighty Allah
(Glorified and Exalted is He) has enveloped such moral dimensions and
denotations with a tight fence of preservation, describing it more than once in
His Glorious Book as the limits of Allah.
· The social
importance of motherhood and the motherhood-fatherhood integration in bringing
up the children and in caring for the family is asserted. This is coupled by
affirming that the role of the woman in giving birth to children should not be
a reason for social discrimination, and that bringing up the child in a
balanced manner requires sharing responsibility by both the mother and the
father.
Fourth: Woman and education
· Education is a
genuine right for women that has been both confirmed by holy texts and
established by practice throughout different eras. Therefore, claims that Islam
obliges women to enroll in certain fields of education that match their
feminine nature or go along with their motherhood, stand invalid. Similarly, no
proof that Islam prohibits women from enrollment in certain studies; hence, it
is more of traditional thing than a religious teaching.
· Education is one of
women's rights, and the state should strive to provide and maintain women
access to education, without discrimination, and girls should be guaranteed
necessary education that refines them both morally and materially without the
family discriminating between boys and girls in this regards.
· Concerned Islamic
entities have a great role in stating correct Islamic teaching concerning women
education, and acting against restrictive traditions. Also, they hold the
responsibility of bridging the gap between men and women in the field of
Islamic studies especially Fiqh and Qur’an interpretation, through adopting
special informative projects to prepare qualified women in these fields.
Fifth: Woman and labor
· Indeed,
contemporary life style - in terms of its economic requirements, and as a
result of education, - has compelled women to access employment. Here, joining
work is an honest means of earning living, which is acknowledged in the
religion, when it suits the conditions of the spouses and their children, as
long as it is coupled with preservation of Islamic obligations and proprieties.
· In this regards,
the community and the state are entitled to a number of commitments; the first
of which is that work is based on justice and equality of opportunities,
especially for poor, needy, and breadwinning women. This is to be observed by
operation of the principle of care and easement, and not just for the sheer
purpose of equality, to protect families from collapse. Second, work rules
should be facilitated for working women, familial harmony should be maintained
regarding cooperation and collaboration in shouldering material and immaterial
burdens, such as caring for parents and children.
· It is the duty of
the state towards the woman and the child, just as it is towards the man, when
the means to earning living are blocked and in cases of unemployment or
disability, to provide the sufficient levels of education, housing, and decent
living; being an equal duty and a necessity grounded on the logic citizenship
rights, not relief.
Sixth: Woman and personal security
· Islam embraces an
integrated vision for the human body (and all its organs), as a trust and
responsibility - for which one is called to account - before Almighty Allah
(Glorified and Exalted is He). Unfortunately, exploitation and aggression, in
all its forms - including harassment and all forms of sexual abuse - against
women, was and still is one of the major tragedies and plagues for humanity
throughout history. And if the responsibility for protection of the human body
from obscenities lies on the shoulders of the individual, it is - on the other
hand - the responsibility of the community, too, especially under the new
circumstances. Rather, it is one of the legal necessities (preservation of
life, faith, honor, intellect and property), especially when transgression is
coupled with the use of force or any of other strict circumstances. It is also
one of the fundamental functions of the state (preservation of human
sanctities).
· Surely, the state
should play an important role through legislations that are backed by the
cultural system. It should also incriminate all forms of physical and sexual
abuse of woman, from verbal harassment, through rape, to sex and child
trafficking, in all its forms. Moreover, it should find out effective means to
achieve this on ground so women can feel secure for themselves, either in
residence or travel. For, such is their human, religious and national right.
Seventh: Woman and public action
· Women have the
right to assume public offices, whenever they have the qualifications required
for such posts, and the state should maintain equal opportunities for both men
and women. Here, it is well-known that qualified women had held similar
positions during the early Islamic state, in educational and health fields,
etc.
· Women, also, have
the right to join voluntary and service work, as well as public work, in a
manner that fits their own conditions, potentials, talents and personal
motives. For, voluntary work and public work are both rights and duties for men
and women alike, to be achieved through one's wealth, knowledge and efforts.
For, it is a collective obligation[4] for the entire
community.
· Finally, women have
an inherent right in the community, and they are entitled to the right - duty -
of offering advice, consultation and fair guardianship. Moreover, they are
burdened with the Trust, and are assigned as a vicegerent on earth, just like
men. All this compels women to participate in public action, as voters and
candidates, so that they can communicate whatever they deem sound and proper,
in terms of opinions, rights and public interests, to decision makers in the
national community, as it should be consensual.
9-10 Jumada Al-Oula, 1435
10-11 March, 2014
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During the International conference,
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[2] Unrestricted
public interest
[3] Divorce at the
request of the wife in return for compensation to the husband.
[4] Collective
obligation [Fard Kifayah] is an act that is obligatory for the
Muslim community collectively - if it is sufficiently carried out by some
members of the Muslim community, then other Muslims do not have to perform it;
but if nobody takes it upon himself or herself to perform the act on behalf of
the community, then all Muslims have failed (and will be punished).
