The Status of Women Under Sharia

Law
Claire Stapleton

History 134

18 April 2017
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Islam is a religion that is commonly misunderstood, and many people in the western part

of the world are ill-informed about what the religion is all about. According to Stephen Prothero,

author of God is not One, some claim Islam is a religion of peace while others claim that

Islam is a religion of war.1 It truly is a religion based off of peace, as the name even suggests.

The word Islam is related to the word salaam, meaning peace, however the translation of

Islam is submission or surrender (Prothero 27). Muslims seek peace in this world and the

afterlife by submitting and worshipping their one true God (Prothero 27). The holy book of Islam

is the Quran, and is thought to be the actual words spoken directly from God. The Quran contains

instructions and guidelines for every aspect of life, from family matters, community service, and

prayer, to political and military matters.

One of the reasons Islam can be thought of as controversial is the use of Sharia law and how

women are regarded in politics and everyday life. For one example, their use of the hijab is often

seen as restricting and disrespectful by Westerners, and has been a topic of discussion in the

recent years. Muslim women and their household must be protected, private, and kept pure, and

there is even special quarters in the Muslim household called a harem where women can have

privacy and all men, except for immediate family, are prohibited from entering (Insoll 134)2.

Sharia means right path, and is the word Muslims use for law (Prothero 49). Law, in Islam, is

the will of God and is not controlled by man or society (Coulson 1, 2)3. Many countries and

people in the Middle East consider Sharia law outdated and incompatible with daily needs. In

1 In God Is Not One, Stephen Prothero provides an unbiased and brief, yet detailed and informative account on
eight of the worlds religions, with an excellent chapter devoted to the most important aspects of Islam.

2 Timothy Insolls Archaeology and World Religion discusses the major religions of the world and how ancient
architecture related to the lives of the people at the time.
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classical Sharia law, women have very little rights, and are under legal discrimination in most

aspects of life, which is one of the reasons that the law is looked down upon in the west. Women

must submit to their husbands authority and obey him, and their husbands have legal permission

to beat them if they disobey him (Mayer 141)4. Womens consent in marriage is not required, and

child marriages are allowed (Mayer 141). A Muslim man can have up to four wives, while a

Muslim woman must only be committed to one man, and any children fathered by a man that is

not her husband were considered illegitimate and could not receive inheritance (Esposito,

DeLong-Bas 19)5. Women in Islamic law had very limited rights in initiating divorce, while a

Muslim man could call for divorce for any reason (Cherif 1145)6. In addition, a Muslim woman

is forbidden to marry a non-Muslim man, while a Muslim man is allowed to marry a Christian or

Jewish woman (Mayer 144). This subordination of women was thought to have evolved in pre-

Islamic time in states where urban centers and city-states were developing, and evolved over

time and was incorporated into Islam (Ahmed 11)7.

3 N.J. Coulsons A History of Islamic Law goes in-depth into the origin and specifics of Islamic law throughout
time.

4 Ann Elizabeth Mayer produced a very critical and seemingly disapproving, yet honest and informational piece on
law and religion in the Middle East.

5 John L. Esposito and Natana J. DeLong-Bas Women in Muslim Family Law is an excellent, unbiased and
knowledgeable work regarding the life of a Muslim woman in her family and in the law.

6 Feryal M. Cherifs journal article discusses the progression of a reform of Muslim womens rights.

7 Leila Ahmeds very personal journal article touches on her journey in the Middle East and what she learned about
women in the Islamic faith.
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While Sharia law was/is the Islamic way of life for many years, it does not necessarily reflect the

Qurans teachings about womens rights. The Quran was supposed to reform the way of life and

how women were treated, and was intended to help raise womens status and create equality

(Esposito, DeLong-Bas 14). Under Sharia law, womens consent is not required, however the

Quran states that marriage must be consensual, but still the legal age for marriage of girls is nine

years old (Esposito, DeLong-Bas 15). One of the Qurans reforms dealt with the financial

security of a woman after marriage. Islamic law states that the woman must receive a dower

(mahr) in order for her to consider marriage, unlike other traditions where the dower is presented

to the brides father (Esposito, DeLong-Bas 23).

The woman who spent most of her life engaged in domestic duties, completely

segregated from the world of legal and business agreements, came to be viewed as less

competent to deal with such matters. Thus, one can see the influence of custom and traditional

attitudes upon the law (Esposito, DeLong-Bas 17).

Women for many years were just regarded as homemakers and didnt have many legal

rights. However, in recent years, there has been a reform in the way women are treated and

recognized in society. Islamic law is an ever-evolving religion, and the call for a change in

society is being heard. While most of the time a woman will say that wearing a hijab is her own

choice, many women are now taking off or loosening their hijab, as they dont necessarily need

the hijab to feel pure or protected. But, many women keep their hijab on to show independence

in making their own choices and how they choose to respect themselves. Women are becoming

more educated, more prominent in the workforce, and more independent. The increase in women

in the workforce and in education has led to an increase in the age of marriage, and it has been

shown that as opportunities for a woman go up, her fertility rates lower (Cherif 1148). This
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seems to show that as a woman has more rights and more freedom, she may prefer to have fewer

children.

The Islamic faith can be complicated for many people to understand, especially with the

controversial history of the treatment of women. But, as time goes on, the world we live in is

evolving and Islam seems to be evolving with it, and women of the faith are a reflection on just

how a religion can survive with changing times.

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Works Cited

Ahmed, Leila. The Women of Islam. Transition, no. 83, 2000, pp. 7897.

Leila Ahmed provides a very personal account on her experience in the Middle East and

what she learned about the status of women in their culture.

Cherif, Feryal M. Culture, Rights, and Norms: Womens Rights Reform in Muslim Countries.

The Journal of Politics, vol. 72, no. 4, 2010, pp. 11441160.

Cherifs journal discusses and analyzes the role of women in traditional Islam and the

reforms that are taking place in modern day.

Coulson, Noel J. A History of Islamic Law. New Brunswick: AldineTransaction, 2011. Print

N.J. Coulsons book is an excellent, in-depth record of the beginning history and origin of

Islamic law and its evolution throughout time.

Esposito, John L., and Natana J. DeLong-Bas. Women in Muslim Family Law. Syracuse, NY:

Syracuse U, 2004. Print.

Esposito and DeLong-Bas provide an analytical yet insightful and in-depth piece on the

role of women in every aspect of the Muslim lifestyle and law.

Insoll, Timothy. Archaeology and World Religion. Oxford: Blackwell, 2001. Print.

Insolls book analyzes the worlds major religions and the ancient architecture and how it

relates to the lives of the people at the time.

Mayer, Ann Elizabeth. Law and Religion in the Muslim Middle East. The American Journal of

Comparative Law, vol. 35, no. 1, 1987, pp. 127184.

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Mayers book is a critical and blunt yet informational piece about the status of women

under Sharia Law and their rights.

Prothero, Stephen R. God Is Not One. New York, NY: HarperOne, 2010. Print.

Stephen Protheros New York Times bestselling book is a wonderful guide about the eight

major religions of the world, providing brief yet greatly informational sections on every

important aspect of each religion, including Islam.