Women in Islam: Some injunctions in Fiqh / "Shari'a" and alternative readings

 

 

Issue

Jahiliyya

"Classical Islam"

Reforms

Marriage

?unlimited polygyny?

Islam limits polygyny to 4 wives maximum

Qur'an outlaws polygyny
("One cannot be just to more than one wife;")
some Muslim countires have outlawed polygyny

Mahr / dowry

?"bride-price"?

Dowry belongs to the wife (though oftentimes right to dowry not practiced)

different interpretations of dowry: "commodification of reproductive capabilities," but also dowry as empowering women economically

Authority

?women "sold" into marriage? 

Male "wali," guardian, represents non-married woman's / family's interest

power of wali is limited, no marriage against woman's will

divorce

?unilateral male right?

Qur'an argues against unilateral divorce, encourages reconciliation, protects divorced woman, introduces waiting period

some Muslim countries have introduced arbitration councils

 

 

"khul'" divorce with husband's consent: divorce in return for dowry

Khul divorce possible without husband's consent

Inheritance

?no rights to inheritance for women ?
(contra: Khadijah)

Typically, a female receives about half of what her male counterpart receives

modifications to Qur'anic stipulation.  Qur'anic injunctions assume that males are responsible for the upkeep of the family

Modesty / Veil

"exposure" of pre-Islamic women ?
(contra: Veiling as a pre-Islamic practice?)

Modesty for men and women;

Hijab verse” for wives of Muhammad.

Different readings on the veil and modesty / understanding of modesty varies greatly