"'The Nobel prize winner Dr. Alexis Carrel has described the biological differences between men and women in her book "Man, the Unknown." the Shaykh moved on, 'She concludes with the following analysis,'The difference existing between man and woman do not come from the particular form of the sexual organs, the presence of the uterus, from gestation, or from the mode of education. They are of a more fundamental impregnation of the entire organism with specific chemical substances secreted by the ovary. Ignorance of these fundamental facts, has led promoters of feminism to believe that both sexes should have the same education, the same powers and the same responsibilities. In reality, woman differs profoundly from man. Every one of the cells of her body bears the mark of her sex. The same is true of her organs and, above all, of her nervous system. Physiological laws are as inexorable as those of the sidereal world. They cannot be replaced by human wishes. We are obliged to accept them just as they are. Women should develop their aptitudes in accordance with their own nature, without trying to imitate the males. Their part in the progress of civilization is higher than that of men. They should not abandon their specific functions.'The major biological differences between men and women, mean that the two sexes do not duplicate each other, each fighting to fulfill the same roles and behaving in the same manner. Instead they complement each other, exercising their own particular strengths and mitigating their partner’s weaknesses. Feminists in various Muslim countries, have demanded that women be full represented according to their population percentage in all fields such as the political and the judicial. Other groups too, have demanded not only equality but often superiority based on race, language or regional prejudice. Such calls for 'positive discrimination' have been breeding grounds for hatred and disunity within the Muslim Ummah (nation) and can serve no real purpose. The Quran speaks of men and women coming from each other, being garments for each other and being bounded together by love and mercy.The hatred for men that many feminists preach is totally alien to Islamic teachings. Instead of the sexes competing against each other, Islam teaches mutual co-operation to form a harmonious and just society, the bedrock of which is a stable family life.Now, let's talk about some issues which Men and Women are treated as dissimilar, which raise most of the questions and criticisms,First, about Hijab. Muslim men and women have to fulfill very different requirements concerning 'Satr' (Arabic: ستر, the intimate parts of the body, which have to be covered). The following Verse deals with the observation of 'Satr' for women inside the home where only close male and female family members can mix together freely,وَقُلْ لِّلْمُؤْمِنٰتِ يَغْضُضْنَ مِنْ اَبْصَارِهِنَّ وَيَحْفَظْنَ فُرُوْجَهُنَّ وَلَا يُبْدِيْنَ زِيْنَتَهُنَّ اِلَّا مَا ظَهَرَ مِنْهَا وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلٰى جُيُوْبِهِنَّۖ وَلَا يُبْدِيْنَ زِيْنَتَهُنَّ اِلَّا لِبُعُوْلَتِهِنَّ اَوْ اٰبَاۤىِٕهِنَّ اَوْ اٰبَاۤءِ بُعُوْلَتِهِنَّ اَوْ اَبْنَاۤىِٕهِنَّ اَوْ اَبْنَاۤءِ بُعُوْلَتِهِنَّ اَوْ اِخْوَانِهِنَّ اَوْ بَنِيْٓ اِخْوَانِهِنَّ اَوْ بَنِيْٓ اَخَوٰتِهِنَّ اَوْ نِسَاۤىِٕهِنَّ اَوْ مَا مَلَكَتْ اَيْمَانُهُنَّ اَوِ التَّابِعِيْنَ غَيْرِ اُولِى الْاِرْبَةِ مِنَ الرِّجَالِ اَوِ الطِّفْلِ الَّذِيْنَ لَمْ يَظْهَرُوْا عَلٰى عَوْرٰتِ النِّسَاۤءِ ۖوَلَا يَضْرِبْنَ بِاَرْجُلِهِنَّ لِيُعْلَمَ مَا يُخْفِيْنَ مِنْ زِيْنَتِهِنَّۗ وَتُوْبُوْٓا اِلَى اللّٰهِ جَمِيْعًا اَيُّهَ الْمُؤْمِنُوْنَ لَعَلَّكُمْ تُفْلِحُوْنَ'And tell the believing women to lower their gaze and protect their private parts and not to show off their adornment except only that which is apparent, and to draw their veils all over Juyubihinna (i.e., their bodies, faces, necks and bosoms) and not to reveal their adornment except to their husbands, or their fathers, or their husband's fathers, or their sons, or their husband's Sons, or their brothers or their brother's sons, or their sister's sons, or their (Muslim) women (i.e., their sisters in Islam), or the (female) slaves whom their right hands possess, or old male servants who lack vigor, or small children who have no sense of feminine sex. And let them not stamp their feet so as to reveal what they hide—of their adornment. And all of you, beg Allah to forgive you all, O believers, that you may be successful.' [QS. An-Nur (24):312]Women can thus expose their objects of beautification such as make-up and jewellery to other chaste women and the men listed in the mentioned Verse only. In front of other people, the Prophet's wives and all Muslim women have been ordered to fulfill the requirements of Hijab by wearing a Jilbāb, which is a long outer garment that covers the entire body,يٰٓاَيُّهَا النَّبِيُّ قُلْ لِّاَزْوَاجِكَ وَبَنٰتِكَ وَنِسَاۤءِ الْمُؤْمِنِيْنَ يُدْنِيْنَ عَلَيْهِنَّ مِنْ جَلَابِيْبِهِنَّۗ ذٰلِكَ اَدْنٰىٓ اَنْ يُّعْرَفْنَ فَلَا يُؤْذَيْنَۗ وَكَانَ اللّٰهُ غَفُوْرًا رَّحِيْمًا'O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (veils) all over their bodies (i.e., screen themselves completely except the eyes or one eye to see the way). That will be better that they should be known (as free respectable women) so as not to be annoyed. And Allah is Ever Oft-Forgiving, Most Merciful." [QS. Al-Ahzab (33):59]Islam does not permit the free mixing of men and women outside the close family group, and Western-style mixing even with wearing the Hijab is not permissible as is seen in places of education and work. The Quran tells the believing men in the time of the Prophet (ﷺ),وَاِذَا سَاَلْتُمُوْهُنَّ مَتَاعًا فَاسْـَٔلُوْهُنَّ مِنْ وَّرَاۤءِ حِجَابٍۗ ذٰلِكُمْ اَطْهَرُ لِقُلُوْبِكُمْ وَقُلُوْبِهِنَّۗ'... And when you ask (his wives) for anything you want, ask them from behind a screen, that is purer for your hearts and for their hearts ....' [QS. Al-Ahzab (33):53]The wives of the Prophet were models for all women and were regarded as the Mothers of all believers. If they could only be addressed from behind a curtain in order to avoid any temptation or impropriety, how much more then is such a curtain necessary for ordinary women who can be a much greater source of temptation? It is also clear from the time of the Prophet (ﷺ) that the Companions did not treat this Verse as referring only to the Prophet' s wives but applied it to their women as well, with the complete approval of the Prophet (ﷺ). The reason given in the mentioned Verse for such a curtain is "that is purer for your hearts and for their hearts" and in another Verse,قُلْ لِّلْمُؤْمِنِيْنَ يَغُضُّوْا مِنْ اَبْصَارِهِمْ وَيَحْفَظُوْا فُرُوْجَهُمْۗ ذٰلِكَ اَزْكٰى لَهُمْۗ اِنَّ اللّٰهَ خَبِيْرٌۢ بِمَا يَصْنَعُوْنَ'Tell the believing men to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts). That is purer for them. Verily, Allah is All-Aware of what they do." [QS. An-Nur (24):30]Islam wishes to establish a pure society in which there is no room even for adultery of the eye. Free-mixing between the sexes is forbidden, men and women are advised to marry at a young age so that they can fulfill their desires lawfully, and all are told to "lower their gazes" in public so that the eye may not be used as an instrument of Satan. By observing Hijab, the woman's dignity and decency is safeguarded. Her attire makes clear that she is not an object for sale, advertising her beauty and availability for men's lusting eyes and wolf whistles. We need little reminder of the immoral society around us today in which the sexes mingle wearing indecent clothes, and adultery is only frowned upon if committed after being married. Before marriage individuals are encouraged to try different partners, and the unfaithfulness, the misery, the jealousy and the insecurities, which then take place, are a necessary result of such a life style. The Muslims may well feel safe and secure within the Islamic moral and dress code, but they are often imitating too much of the Disbelievers' behavior for complacency.Next, about Polygyny. A man is allowed a maximum of four wives provided he treats them with equality and justice. If he cannot support more than one wife or fears that he will not be just between them, he should remain monogynous. The primary purpose behind polygyny is to provide for war widows and orphans. The number of men in any society inevitably decreases after a major war, and polygyny provides the only decent solution for the widows and orphans left alone. In such situations, women may resort to, one of two possibilities, a monastic life—a way of living that's religious, isolated from other people, and self-disciplined—which is unnatural, or to an immoral and sinful life.Islam also strictly forbids sexual relations outside marriage, and polygyny, is again, the only decent and honest solution, in cases where a man wants more than one partner.The widespread practice today, of men having wives as well as mistresses, is demeaning for all the women involved, it is dishonesty and causes untold misery. By marrying more than once, not only are all the woman and the children involved legitimate, but the man also has to face up to full responsibility for all the relationships he enters into.Regarding the evidence of Women, The Quran clearly states that the evidence of two women is equivalent to that of one man, giving the reason that, if one forgets, the other may remind her,وَاسْتَشْهِدُوْا شَهِيْدَيْنِ مِنْ رِّجَالِكُمْۚ فَاِنْ لَّمْ يَكُوْنَا رَجُلَيْنِ فَرَجُلٌ وَّامْرَاَتٰنِ مِمَّنْ تَرْضَوْنَ مِنَ الشُّهَدَۤاءِ اَنْ تَضِلَّ اِحْدٰىهُمَا فَتُذَكِّرَ اِحْدٰىهُمَا الْاُخْرٰىۗ'... And get two witnesses out of your own men. And if there are not two men (available), then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs, the other can remind her ....' [QS. Al-Baqarah (2):282]Giving evidence in court can be a daunting experience, especially as the judicial system will consist mainly of men, so the women can give each other moral support as well as reminders. It is a serious and burdensome responsibility, which has been lightened for women.There are four situations in which evidence is required, first, Crimes related to penal ordinances and retaliation. If men and women are both available, the men will be called to give witness and the women will not be summoned. Second, in economic affairs, related to wealth and property, which are usually the domains of men, the evidence of two men is accepted. If two men are not available, then one man and two women will be accepted. Third, in affairs concerning women only such as pregnancy, birth, sexual defects, the evidence of one woman alone is accepted. Fourth, in criminal cases, where only women are the witnesses, the Four Imams of school are unanimous in not accepting the evidence of women. They reason that in cases such as murder and rape, the women will be emotional and may get confused. Such evidence becomes suspicious, and a principle of Shar'iah is that any suspicion about the evidence makes the evidence null and void. In this context, the Zahiri school of thought is more credible.It states that if women alone are the witness in a criminal case, their evidence will be accepted, according to the principle of two women's evidence being equivalent to that of one man. So in cases of adultery, the evidence of four men or eight women will be accepted. They argue that to reject women's evidence entirely in such cases, will allow much crime to go unpunished.It is an established scientific fact that women cannot explain the intimate details of events with the accuracy which men are capable of. This fact has been confirmed by much research, such as Dr. Harding's in his book 'The Way of All Women.'According to one Hadith, the Prophet (ﷺ) described women as being 'nuqsan' in reason and religious practice. It should be explained that Abu Sa’id al-Khudri reported:
Citations & References:The Messenger of Allah (ﷺ), said, 'O gathering of women! Give in charity, for I have seen you as a majority of people in Hellfire.' They said, 'Why is that, O Messenger of Allah?' The Prophet (ﷺ) said,تُكْثِرْنَ اللَّعْنَ وَتَكْفُرْنَ الْعَشِيرَ مَا رَأَيْتُ مِنْ نَاقِصَاتِ عَقْلٍ وَدِينٍ أَذْهَبَ لِلُبِّ الرَّجُلِ الْحَازِمِ مِنْ إِحْدَاكُنَّ'You curse others often and you are ungrateful for your livelihood. I have not seen anyone with reductions in mind and religion more capable of removing reason from a resolute man than you.' They said, 'What are our reductions in mind?' The Prophet (ﷺ) said, 'Is not the testimony of a woman like half of a man?' They said, 'Of course.' The Prophet (ﷺ) said, 'That is the reduction in your mind. Is it not that when you menstruate you do not pray, nor fast?' They said, 'Of course.' The Prophet (ﷺ) said,فَذَلِكِ مِنْ نُقْصَانِ دِينِهَا'That is 'nuqsan' in your religion.' [Sahih al-Bukhari]The ‘reduction’ (nuqsan) in mind and religion is related to a woman’s legal obligations. It is not an ontological statement that women are always less intelligent or religious than men. As applied to religion, women are not obligated to pray or fast while menstruating or enduring post-natal bleeding. As applied to mind, women are not obligated to perform some functions such as testifying before a judge in a criminal case. Some authors have mistranslated nuqsan by using derogatory terms like ‘deficient in intelligence,’ or ‘lacking common sense.’ This rendition is inappropriate.The reduction for women is a manifestation of Islam’s leniency towards women, by not burdening them with the same obligations as men while they have their own particular duties and concerns.In the case of testimony, women in early Islam did not customarily involve themselves in business contracts, debts, and other matters. They were usually doing other important work, caring for their children and elderly parents, and so on. As a result, the verse was revealed to lessen a woman’s obligation to testify in such matters.Ibn al-Qayyim wrote, 'The woman is equal to the man in truthfulness, honesty, and piety; otherwise, if it is feared that she will forget or misremember, she is strengthened with another like herself. That makes them stronger than a single man or the likes of him. There is no question that the benefit of the doubt given to the testimony of Umm Darda and Umm ‘Atiyyah is stronger than the benefit of the doubt given to a single man without them or the likes of them.'Ibn Hajar wrote, 'It is permissible to consult a meritorious woman, and the merit of Umm Salamah and her abundant intelligence were such that Imam al-Haramayn said, 'We do not know of a woman expressing her opinion and being correct as much as Umm Salamah.'Inshort, the ‘reduction’ in a woman’s intelligence is a reduction in her legal responsibilities related to it, not in her inherent intelligence itself. The preponderance of other evidence indicates that women can be just as intelligent as men and, therefore, they should be consulted and their perspectives respected.About Inheritance, a daughter receives half the share of inheritance compared with the son in accordance with the following Quranic injunction,يُوْصِيْكُمُ اللّٰهُ فِيْٓ اَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْاُنْثَيَيْنِ'Allah commands you as regards your children's (inheritance): to the male, a portion equal to that of two females ....' [QS. An-Nisa' (4):11]If the daughter has no brothers and only women are the heirs, then this principle does not apply. The ruling of giving a woman half the share of a man seems unjust at first glance, but in fact, it is more generous to women. It is based on the Shari 'ah principle of 'Benefits in accordance with the scale of responsibility.'To illustrate, a brother will inherit twice the sum his sister inherits. What she inherits is hers to keep and she need not spend it on anyone, even her husband though he may be poor. The brother is, however, responsible for maintaining his family, which includes his unmarried sister, surviving parent, wife and children. At the time of his marriage, he will have to pay bridal money to his wife as well as provide for her throughout their married life. So, if at first he received more inheritance than his sister, at the final calculation, it might be, he fell short.The sister will in contrast receive bridal money and will be maintained by her husband. Any income she has and her share of inheritance is hers exclusively, with which her family or anyone, cannot interfere.It seems, that this same wisdom is behind the 'Aqiqah ceremony when the two sheep are sacrificed at the birth of a male child, and one sheep at the birth of a female child. This principle of benefits, according to responsibility has wide applications in Islam. For example, after a battle, the Prophet (ﷺ) would distribute the captured booty on the same principle by giving two shares to the cavalry and one share to the infantry.According to the principle of 'Benefits according to responsibility', Diyah or the blood money—to be paid not only for murder, but also in the case of unnatural death, interpreted to mean death in a fire, industrial or road accident, for instance, as long as the responsibility for it falls on the accused. The diyah compensation amount depends on the religion of the victim—of a woman is half that of a man. It is important to remember that blood money is not the price for the soul of a murdered person, as there can be no such price. It is instead a small compensation for the financial sufferings of the deceased's family. Men are usually the breadwinners and maintainers of their families, so the financial sufferings are greater if the man is killed, but if the murder victim was a woman who was the sole breadwinner for her family, then the Qadi (judge) has the authority to increase her blood money.A precedent for such an increase is found in the Qur'aan where it allows the Qadi to double the blood money of a person murdered within the precincts of the Sacred Cities, Makkah and Al-Madinah. The wisdom behind is that just as virtuous actions are rewarded more if practiced within Al-Haram (the sanctuary), so the punishment for crimes or sins within Al-Haram is also increased.About Divorce. The man has the primary right to divorce. Allah says,وَاِنْ طَلَّقْتُمُوْهُنَّ مِنْ قَبْلِ اَنْ تَمَسُّوْهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيْضَةً فَنِصْفُ مَا فَرَضْتُمْ اِلَّآ اَنْ يَّعْفُوْنَ اَوْ يَعْفُوَا الَّذِيْ بِيَدِهٖ عُقْدَةُ النِّكَاحِ ۗ وَاَنْ تَعْفُوْٓا اَقْرَبُ لِلتَّقْوٰىۗ وَلَا تَنْسَوُا الْفَضْلَ بَيْنَكُمْ ۗ اِنَّ اللّٰهَ بِمَا تَعْمَلُوْنَ بَصِيْرٌ'And if you divorce them before you have touched (had a sexual relation with) them, and you have appointed unto them the Mahr (bridal money given by the husband to his wife at the time of marriage), then pay half of that (Mahr), unless they (the women) agree to forego it, or he (the husband) in whose hands is the marriage tie, agrees to forego and give her full appointed Mahr. And to forego and give (her the full Mahr) is nearer to At-Taqwa (piety, righteousness). And do not forget liberality between yourselves. Truly, Allah is All-Seer of what you do.' [QS. Al-Baqarah (2):237]This may seem unjust at first glance, but Allah the All-Mighty has given injunctions based on men and women's different temperaments. The woman is controlled more by her emotions than by reason, and this is obviously an asset in the home. Her tender nature and ability to sacrifice her own comfort for the sake of her child, makes her a better parent than the man. In a situation of marital conflict, her emotional nature will be more inclined to exaggerate the seriousness of the conflict and to thus instigate divorce. The man will be more inclined to think calmly about the situation before pronouncing judgment.Neither of these characteristics is inferior or superior to the other; both are complementary and best suited to the roles the sexes have to play. In order to mitigate rash conduct by the husband, the Quran and the Sunnah have made provisions for cases when the man does pronounce divorce but then regrets it.The divorce never becomes binding immediately but gives him a period of three lunar months (the woman's 'Iddah or waiting period) in which he can either endorse the divorce or revoke it and seek reconciliation.It should be remembered that a woman is not helpless in the matter of divorce as is widely believed. Although she cannot pronounce divorce like a man, for the reasons of her temperament already given, she can obtain one through a Qadi or arbitrator. This process is called Khul', and the woman asks for divorce in lieu of returning her bridal money or any other gift to the husband.In the Western world today, the high rates of divorce are widely attributed, among other things, to the financial independence of women and the ease with which they can obtain divorce for flimsy reasons. The Islamic ethos encourages men and women to save their marriage for the sake of their children and to uphold the family institution.And finally, about Women in positions of authority, such as Leaders, Ministers, Ambassadors and Members of the Legislature. It is permissible for a woman to be an authority and leader in any position for which she is qualified, although some positions are specific only to men such as the position of prayer leader and supreme commander of the armed forces. It is incorrectly claimed by some people that women can have no authority in Islam, because men have been given the responsibility to leads, defend, and maintain the livelihoods of women, their wives and their children.The ‘favor’ of men over women refers to the physical strength of men, which is on average much greater than women and which enables men to better perform hard physical labor and military duties. In return, women should obey their husbands if they fulfill their duties of providing for them and protecting them. The physiological differences between men and women in this regard cannot be ignored, as even today professional sports leagues are separated between men and women, and occupations like construction work and frontline combat duty are almost exclusively male.Even though there are plenty of exceptions to this general observation, as some women can be much physically stronger than some men, it is true on the whole and rules are formulated based upon the majority of cases and not exceptions.In ancient societies, women were simply not qualified most of the time to lead the military because they generally lacked the physical strength required to be successful. It was in this context that the Prophet (ﷺ) said,لَنْ يُفْلِحَ قَوْمٌ وَلَّوْا أَمْرَهُمْ امْرَأَةً'A people will not succeed who are commanded by a woman.' [Sahih Al-Bukhari]There surely have been successful female military leaders, but again they are the exception. That men have a degree of authority and responsibility, does not mean women have no say in the matter. Part of Islamic chivalry is for a husband to consult his wife, or for men to consult women on pertinent issues, in order to benefit from their unique perspectives. A woman is allowed to disagree with her husband or male leaders, as long as both parties respect each other with good manners. Men, in return, ought to be humble enough to accept that they are wrong if a woman points it out.The purpose of the classical rules, then, was to facilitate men and women performing complementary, and flexible to an extent, gender roles. Because men and women have natural physiological differences, customary gender roles are reasonable and conducive to a functional society. However, because there are always exceptions to general observations, a measure of adaptability to changing customs and circumstances is warranted; there are some potential cases when a woman is the most qualified to do what a man might customarily do in other times and places.The Moon wrapped-up by adding, "The ultimate goal of both men and women is to win Allah's Pleasure arid His countless favors in the Hereafter. If a man can achieve them through Jihad, observing the Divine commandments and constantly struggling against the forces of Satan, so a woman too has a way open to her as described by the Prophet (ﷺ), 'If a woman prays regularly five times a day, fasts the month (of Ramadan), guards her chastity and obeys her husband, it will be said to her, 'Enter Paradise from whichever gate you wish.' And Allah knows best."
- Abdul Ghaffar Hasan, The Rights and Duties of Women in Islam, Darussalam.
- Abu Amina Elias, Can Women be Leaders in Islam?, abueminaelias.com
