1. AIMS AND QUESTIONS The question of this research is how women experienced and governed by Indonesian Islamic Inheritance Law, especially on the term Kalalah where the absence of male children became a significant issue. This issue was derived from the different interpretation on Al-Qur’an 4:12 and 4:176 : “And for you is half of what your wives leave if they have no child. But if they have a child, for you is one-fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is one-fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah, and Allah is Knowing and Forbearing.” “They request from you a [legal] ruling. Say, " Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs]." If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you
Throughout most of documented history women of all cultures and civilizations have lived under patriarchal circumstances. In almost every religion and civilization women's status was not equal to that of a man's. Women in most cultures are looked at as subservient, obedient creatures that were put on this world for very few reasons, mainly to bear children and do what their husbands require of them. In fact, religions are a big part of the reason of this oppression due to the religion's reinforcement and justification of patriarchal conditions. In this week's selected readings from different aspects of Islamic, Byzantine Christian, and Western Christian cultures, it is very apparent as to how these three religions did reinforce and
Historically, “Women and Gender in Islam” discusses the social, political, legal, and religious discourses and structures that have shaped the experience of Muslim women
Gender inequality has maintained the suppression of women worldwide and unfortunately has impacted third world countries with the greatest magnitude. Everyday in these countries there are countless occurrences of physical, emotional, and psychological abuse that must be acknowledged as a primary concern for the world to help overcome. It is however important to recognize specific cultural and religious practices of gender hierarchy that are accepted by women in these countries. While keeping this in mind it is of paramount importance to keep sight of the consequences of abusing these cultural practices at the expense of women’s liberation and development.
37). This differs from his culture’s convention where familial relationships are traced through a patrilineal system where inheritance is bequeathed directly from father to son. Perhaps Battuta’s reaction originates from ethnocentrism—he compares other societies by his culture’s standards, resulting in Battuta’s biases. The majority of the Muslim world is a patriarchal; the males are the center of authority, whereas in Īwālātan there is an emphasis on the position of female influence. This concept is difficult for Battuta to accept. Despite these criticisms, Battuta contrasts his disapproval with the Massūfa by citing their devout Muslim qualities, such as the commitment of the Qur’an (the sacred Islamic text) to memory (Battuta, p. 37). However, the redemption is brief. Forthcoming contact between the sexes in Īwālātan serves to further offend Battuta.
However if there comes a time where the two want to divorce they are allowed to do so,“If a man has divorced his wife who has not borne him children, he shall pay over to her as much money as was given for her bride-price and the marriage-portion which she brought from her father’s house, and so shall divorce her”(138). Also, if the husband is a poor man and cannot afford to pay the bride-price he must pay one mina of silver, giving the opportunity of divorce to everyone. Being allowed to have a divorce is surprising and the consequences of divorcing are rational for this time period. Today when a couple divorces they divide their assets as equally as possible to make the divorce “fair” and then if the couple has no children together the process then practically over which is similar to the rules of a divorce between two people with no children during Hammurabi’s
Aisha bint Abu Bakr was a leader, a woman, a wife, a theologian, a scholar and a political activist. She was precocious, loyal, brave and remarkably intelligent. These aspects of her humble life have allowed her to make a powerful impact on the development and expression of Islam that “no woman [has] reached”[1]. Not only did she influence the position of women in Islamic society, Islamic ethics, and the understanding and interpretation of the Qur’an, but she also modelled these qualities for the men, women and children of Islam.
Throughout centuries of human existence, women have been deemed as inferior to men in multiple different cultures and religions. Men have developed a norm to be the individual who carries out duties to help maintain a stable life for himself and the family in which he is providing for. Because of this fundamentalist approach towards how society should be, women’s rights have been suppressed throughout political, social, and cultural actions. The Islamic religion in particular, is fond of abusing the rights of women and empowering the rights of men in such a way that it has created a permanent existence of conflict within countries who follow Islam. In fact, in the Quran it states that women must have lesser authority than men, therefore their
“Life is full of unhappiness and most of it caused by women (Harik and Marston 11)”. For women in the Middle East life is faced with great and unequal odds, as their human rights are limited, due to Islamic beliefs and that of patriarchy. From their daily actions at home to their physical appearance, Middle Eastern women are portrayed as quiet, faceless women veiled from head to toe. While this image is just another stereotype, women in the middle do face many obstacles and challenges of creating their own identity as they are frequently denied a voice in their rights. Living in a society dominated by men life is not, but regardless women in the Middle East, predominantly Muslims, continue to fight for
Brooks uses the sources to bring the thesis together and to help get her point across about the oppression of Islamic women and the pride and power of their male figures. An Islamic law states that women are not to commit adultery, but their husband can have more than one wife. When Brooks learned the story of Rehab and Mohamed and how Mohamed left Rehab for Fatima, it really opened her eyes on how different the treatment of married women of the Islamic world.
This joint family, like any social organization, must face problems such as acceptable division of work, relationships and specific family roles. These familial relationships are managed on the basis of a secular hierarchical principle. In fact, all Indians owe respect and obedience to the head of the family, who usually is the father or the oldest man of the family community. In The Gift of a Bride: A Tale of Anthropology, Matrimony and Murder by Nanda and Gregg, it is explained that, “females [are] placed under the perpetual guardianship of first their fathers and elder brothers, then their husbands.” (Nanda & Gregg 22) Thus, all the spending decisions, studies and profession, or marriage, are exclusively the responsibility of the father after the possible discussions with the other men of the family. Age and sex are the basic principles of this hierarchical system. The eldest sons enjoy greater unchallenged authority than their cadets. Of course men have more authority than women, but older married women have an important role within the family. In fact, the authority of a woman depends on the rank of her husband inside the group. Traditionally, the wife of the patriarch rules over domestic affairs and has considerable power over the other women in the community, especially her daughters- in-law.
Her children would then inherit the dowry as part of their estate ("Women"). Just as the dowry, the woman did not fully become part of her husband’s family when she married. She was a part of her own family. If her husband mistreated her or her children, or was too lazy to be a sufficient provider or even insult her family, those were grounds to divorce him. To do this, she must call in witnesses. She must announce her divorce in front of said witnesses at her front door, then at their bed ("Women"). At the time of a divorce, the woman would be given back her dowry that was brought with her at the start of the marriage (The Role of Women). Children automatically stayed with their mother in case of a divorce. It depended who the older children stayed with according to status and wealth of the two families. The children still held their rights to inheritance, even after divorce ("Women"). Divorce is a prime example of how women of this culture had it better than many other cultures.
At a young age A’isha understood how women within her religion were treated. Being born into the Muslim religion they practiced polygyny that raised many of these questions. “Men marry women for two reasons, A’isha. To give them pleasure in bed, and to bear their children. You cannot do either for the Prophet now, not until you begin your blood flow” (Jones, 47). A’isha feels inferior to Mohammed, but she is unable to bear child yet. Women were married
Religion goes hand in hand with culture, and in the Muslim countries this is very apparent. The cultural importance of men over women may have stemmed from religion, however it was further recognized when imperialist countries introduced capitalism and class divides. “Islam must combat the wrenching impact of alien forces whose influence in economic, political, and cultural permutations continues to prevail” (Stowasser 1994, 5). Now, instead of an agrarian state where both men and women had their place, difficulties have formed due to the rise in education and awareness that women can and do have a place in society beyond domestic living Though women are not equal to men anywhere around the
The rise and expansion of Islam has had a significant impact on the role and rights of women throughout history. Since its origin in the seventh century until modern times, the Muslim faith has somewhat broadened, but has mostly restricted women’s rights in numerous Islamic communities. The history of Muslim women is complex, as it involves many advances and declines in numerous locations, such as Egypt, Afghanistan, and Iran, concerning several subjects, including both civil and social rights. Thus, in general, the rights of Islamic women did not improve significantly over time, instead, conditions remained the same or became worse for women as Islam evolved and spread as a world religion.
Mernissi retraces her steps to pre-Islamic roots and to what extent it influenced Islam’s representation of the family unit. Islam had banished all practices in which sexual self-determination of women was asserted and marriage gave men absolute authority and holy approval.