Professional Documents
Culture Documents
SSRN Id3863246
SSRN Id3863246
Chapter 3
Abstract
Orthodox Muslim scholars are in general agreement that women are not entitled
to hold the leadership or the topmost public office of a nation. Many scholars
hold even a more restrictive view on the issue as to whether it is due to
Qur’anic texts and Prophetic traditions (ahadith) that women are barred from
key positions, or it is largely due to socio-cultural and economic settings of a
society. The Qur’an urges the Prophet’s wives (nisa an-nabiyy) to stay quietly
at their homes and not to make dazzling displays like that of the time of
primitive ignorance (33:33). It is also commonly cited from the Qur’an that
men are the caretakers/guardians in charge (qawwamun) of women (4:34). The
only Prophetic tradition regarding women’s leadership is that the Prophet (S)
is reported to have said, “Never will succeed such a nation as lets their affairs
carried out by a woman” (Sahih al-Bukhari, 4425; Sunan of An-Nasai, 8/227).
On the other hand, the Qur’an also affirms that the believers, both men and
women, are guardians (awliya’) of one another (9:71). Also, since the Qur’an
acclaims the Queen of Sheba for her just rule, such prominent scholars as Imam
Abu Hanifa, Imam al-Tabari and Ibn Hazm support that women could hold
the topmost judicial position. Ibn Hazm also asserts that there is no theoretical
prohibition for women to carry out the mission of Prophethood. Naturally, if
they could be Prophets, they could also be the leaders, for the Prophets are the
leaders. This chapter aims to explore these issues and examine by primarily
analyzing the Qur’anic verses, Prophetic traditions, the heritage of the Rightly-
Guided Caliphs and the rulings of Muslim jurists. In modern times, the quest
for women empowerment is integrally related to the issue of leadership. This
chapter will critically evaluate the validity of the quoted hadith, and examine
∗ Anearlier version of this chapter was presented at the 38th Annual Conference of the
Association of Muslim Social Scientists, Charlottesville, VA, 25–26 September 2009.
39
its contexts in order to understand how and why the Prophet (S) would have
stated as such. This analysis is crucial to address present-day realities, as a
significant number of Muslim women have competently led their nations by
holding topmost offices. Finally, this presentation hopes to shed light on what
the real political status of Muslim women should be today in light of the
Qur’an, Sunnah and juristic discourse. Resolution of the issue of leadership
can significantly impact the women empowerment from Islamic perspectives.
In modern times, one of the key issues facing the Muslim world and
that which occupies a prominent position in Islamic discourse is the
empowerment of women. Muslim women are asserting themselves claiming
that they had been denied the rights that Islam has granted them, the
rights that were part of the social reality as part of the Prophetic legacy
and heritage. The quest for women empowerment is integrally related to
the political status of Muslim women, which is debated by Muslims and
non-Muslims alike.
Non-Muslim writers assert that Islam has not only deprived women
of political rights but they are also broadly neglected in Islam socially,
economically and culturally. From the perspective of Islamic orthodoxy,
Islam raised the status of women in all aspects; but the focus of the
orthodoxy is only limited to social status of women. Orthodox Muslim
scholars do not accept that a woman can hold the leadership role or the
topmost public office of a nation, claiming that it was extremely discouraged
in a hadith of the Prophet (S), “Never will succeed such a nation as lets their
affairs carried out by a woman.”1 Many of them also express reservations
about women running independent business activities. At the extreme,
there are those who do not want women outside their homes at all. Referring
to 33:33–34, ultra-conservatives hold that “the general rule is that they
should remain at home. This is better for them, more appropriate, and
further removed from fitnah” (El Fadl, 2014, p. 580).
In contrast, the women’s rights advocates among Muslims support
women vigorously, and feel that women should have presence outside their
homes and be able to participate, as appropriate and relevant, in all
affairs alongside their male counterparts (Barlas, 2009). In this respect,
some Muslim writers also take a more relaxed view of Islamic ruling of
1 Sahih al-Bukhari, Kitab al-Maghazi, The Prophet’s letter to Caesar and Kaiser (732/7),
no. 4425.
hijab,2 let alone niqab,3 and also hold that Islamic ruling of distinction
in inheritance among male and female was a transitory affair (Wadud,
2006). The issues of hijab/niqab and inheritance are part of broader gender-
related discourse, but the core issue of this chapter is leadership, which
might have implications for other issues related to women empowerment
as well. Thus, the issue of women’s leadership can be viewed as an apex
question for women empowerment in the sense that if this issue can be
effectively addressed or resolved, many ancillary issues would be sorted out
or reformulated in light of that resolution.
An analytical reading of this widely discussed topic of leadership in
the Western discourse indicates sweeping generalizations based often on
cases from Middle Eastern Arab nations, and ignoring many larger Muslim-
majority countries, such as Indonesia, Pakistan, Bangladesh, Turkey,
Malaysia and so on. So, in studying these issues, one must make a clear
distinction between cultural and religious behaviors and principles, and
emphasize on correct methodology of reading and interpreting the Islamic
texts, e.g., Qur’anic verses and Prophetic traditions as the primary sources
along with the views of the classical and contemporary Muslim jurists, while
taking into consideration the ever-changing realities.
Historically, women’s role has been primarily connected with home
except in some rare matriarchal social systems. Of course, in many societies
women also used to participate in farming and other activities to support
families. The idea of less suitability of women for leadership is not new,
or limited to Muslim orthodoxy. Regarding the political role of women,
Aristotle (d. 322 G.) said: “Men are more compatible for leadership than
women, so the control of men over women is a natural matter” (Everson,
1988, p. 1259). Notwithstanding the fact that there were women leaders
at various times, throughout history in different religions, cultures and
societies, women were generally discriminated, looked down upon and even
subjected to ownership and treated as a property.
The reality in the modern times has gone far beyond the legally
conceived restricted space for women, as whether the orthodoxy likes or
agrees with, many Muslim majority countries have been experiencing rapid
pace in women empowerment and also the rise of women to national
leadership. While there is a tendency to argue that these modern realities
are deviation from Islam, Muslim women in the quest of their empowerment
are also asserting that their participation in leadership roles is fully in
harmony with Islam.
In this chapter, the main focus is on the political rights of women as
part of their quest for empowerment, whether the women are allowed to
run for election for public offices and/or be the head of a state. The study
will draw on the texts from the Qur’an, the sayings of the Prophet (S) and
the juristic opinions of classical and modern Muslim jurists in light of the
realities the modern world.
Modern Islamic movements view the role of amr bi al-ma‘ruf and nahy
‘an al-munkar as a collective responsibility both at the community and
state levels, and thus inseparable from political involvement and pursuit
(Jamal, 2013). However, when it comes to women’s issues, though the
Qur’an specifically emphasizes that this role is inclusive of both men and
women, somehow women’s role is approached by the orthodoxy with a
significantly restricted view. Indeed, this role of amr bi al-ma‘ruf and nahy
‘an al-munkar is so central to Islam that this role is presented as the raison
d’être for Muslim ummah.
You are indeed the best community (ummah) that has ever been brought
forth evolved for [the good of] mankind (an-nas). You enjoin the doing
of what is right and forbid the doing of what is wrong, and you believe
in Allah . . . (3:110)
These verses of the Qur’an clearly indicate that in assigning the most
important job of enjoining virtue and forbidding evil, Allah made no
distinction in assigning it to both men and women. Muhammad Rashid
Rida (d. 1935), a prominent Islamic scholar, mentioned that the verse made
it obligatory on both the men and women to command for virtues, and
prohibit from vices. It could be done through one’s words and actions.
It also includes criticism of the un-Islamic acts of the rulers or those in
authority (‘ulu al-‘amr). The women at the time of the Prophet (S) knew
this, and participated in this actively and fearlessly (Rida, 1367H, p. 20).
A few verses earlier (9:67), Allah says:
So, if the Muslim men and women do not perform their duty, the
hypocrite (munafiqun) men and women will continue to do their acts as
the agents of Satan. During the lifetime of the Prophet (S), we find that
there were women who put thorns in the path of the Prophet (S), for whom
Surah al-Masad (The Palm Fiber) was revealed in the Qur’an. So, in this
soul-winning and soul-saving struggle, to counteract the negative influence,
action and agenda of others, the believing women need to be duly politically
active as well.
The Qur’an also reports the stories of believing and disbelieving women
even in the family of the Prophets, such as the wife of Nuh (A) and Lut (A),
who worked against the Prophets. On the other hand, there were contrasting
example of the wife of Pharaoh who believed in Allah and led a virtuous
life.
[Her anxiety prompted her to consult with her counselors]. She said: “O
you counsellors! Give me your opinion on the problem with which I am
now faced; I would never make a [weighty] decision unless you are present
with me.” (27:32)
Her just rule was praised in the Qur’an that ultimately led the majority
of her nation to believe in Allah through Sulayman (Solomon), another
Prophet. Were women’s leadership in general to be shunned, let alone
prohibited, the Qur’an would have either stated or suggested.
. . . . . .but, in accordance with justice, the rights of the wives [with regard
to their husbands] are equal to the [husbands’] rights with regard to
them, although men have a degree [of precedence] over them [in this
respect]. And Allah is Exalted in Power, Wise. (2:228)
from the word qawwamun, which is mentioned in 4:34 was also accorded
due to husband’s role in the family and the expenses he makes (Sayyid
Tantawi, 1997, 1/512, 3/136–137). Wife can be the Dean, Director, Vice
Chancellor, Bank Governor, or even the Minister, Speaker of a Parliament,
and constitutional head of a country like President, or Prime Minister,
and the husband may be a simple officer in the same institution, but at
home, the traditional model is that the husband/father is in charge. Since
family cannot be a democracy, the guardian should avail the benefits of
relevant consultation, but the family members should obey the head of the
family.
However, notably, this verse has been used to advance the notion that
women are inferior to men (Adnan, 2004, p. 6) and thus they are meant to be
subordinated and also to legitimize and condone wife-beating. While rulings
pertaining to wife-beating come with clarification that such beating is
merely symbolic and must not be physically injurious to the wife, sometimes
the male-dominated orthodox interpretive domain has pushed the ruling to
such extreme that “retaliation is not permitted for anything short of death,
even if a man fractures his wife’s skull” (Geissinger, 2015, p. 42). Thus, the
ground reality is that the orthodox and literal interpretation of the verse
has created a permissive and lenient space and environment for men to be
violent to their wives.
However, even this traditional view about family and its framework
needs to be tempered by at least two aspects.
First, the role of men as qawwamun (4:34) needs to be tempered
by and reconciled with the role of men and women as mutual awliya’
(guardians) (9:71). One way to reconcile is that 4:34 is transitional,
while 9:71 is normative. This is similar to the gradual prohibition of
alcohol/intoxicants (khamr), where the verses about relative benefits and
harms of intoxicants (2:221), or asking not to approach prayer while
someone is intoxicated are transitional (4:43), while the categorical verse of
prohibition (5:90) is normative (Mejia, 2007, pp. 1–24). Second, if 4:34 is
to be taken as normative, then the family structure must be such that men
alone must take care of the family. However, what about social conditions
where both spouses work and share in family finances? In modern times,
more and more families are typified by both spouses working, earning and
sharing expenses. Unless it is argued and legally barred that women cannot
go out, not get educated or cannot work, 4:34 evidently cannot serve as
normative. Furthermore, 9:71 is more consistent with the egalitarian view
about gender in the Qur’an and closer to the legacy and heritage of the
time of the Prophet Muhammad (Al-Hibri, 1982, 1997).
the killing of Usman (R). Putting aside the debate, whether she was right in
this particular incident to rise against a valid and legitimate Islamic ruler,
it undoubtedly establishes the fact that women could also participate in
the most sensitive and highest level of political affairs of a state, and even
could lead them (Al-Tabari, 2015, pp. 52–164).
Contemporary Turkish theologian, Suleyman Ates has argued that “the
hadith discouraging female leadership” contradicts 9:71 in the Qur’an, as
the hadith “was directed at ‘Ā’isha’s role during the post-Prophetic political
conflict. It originated because a group of Muslims felt their own interests in
community leadership were in danger.” If the hadith discouraging women’s
leadership is really from the Prophet (S), Ates says: “‘A’isha’s leadership
would never have been recognized by Zubayr and Talha.” Ates therefore
doubts the validity of the hadith, which the Qur’an contradicts (Aslan,
2013, p. 39).
3.2.4 Asma bint Abu Bakr (R) voiced her words fearlessly
against Al-Hajjaj ibn Yusuf
After the murder of Abdullah bin Zubayr (R), Al-H . ajjāj b. Yūsuf
Al-Thaqafı̄, the then Governor of Iraq wanted Asma bint Abu Bakr (R),
mother of Abdullah, to meet him. She refused. Al-Hajjāj threatened that
if she resists, he would have her dragged. She said, “I shall not go and
meet him even if he drags me.” At the end, Al-Hajjāj himself came and
met her. She said: “I have found you have spoilt his worldly life, and he
spoilt your hereafter. You addressed him as ‘the son of two sheets of scarf.’
I am by Allah the person of two sheets, one of which is used to carry the
food for the Prophet and Abu Bakr, and the other that the women need to
wear.”10
These are some incidents which clearly demonstrate that the women in
the lifetime of the Prophet (S) and during the era of the companions were
not detached from the political arena and pertinent activities. A multi-
volume work by Abdul Halim Al-Sukkah documents the freedom women
enjoyed and role they played in the full range of life’s activities (Al-Sukkah,
1990).
the central role of the believers — ‘amr bi al-ma‘ruf and nahy ‘an
al-munkar — how can they fulfill these roles if they are suffering from
intelligence-deficiency? For far too long such observations about women
have created contexts for a diminutive view of women. Indeed, relying on
this specific hadith that is contrary to empirical reality, and also contrary
to the leadership role played by women in the earliest generation of the era
of the Prophet (S), drawing broad and sweeping diminutive view of women
stands in opposition to the Qur’anic perspective on gender parity.
Indeed, the legacy of women scholars and experts from the time of
the Prophet (S) and the generation of the companions was eclipsed by the
subsequent marginalizing, and then gradually emptying the domain of the
scholarship and jurisprudence of the women. Yet, history records that even
by the same hadith literature that women are marginalized, women played
vital role in the preservation, dissemination and education of the sciences
of hadith.
Karima al-Marwaziyya (d. 463/1070) is one of many notable female
figures whom Muslims should proudly know and remember: “who was
considered the best authority on the Sahih of al-Bukhari in her own time.
Abu Dharr of Herat, one of the leading scholars of the period, attached such
great importance to her authority that he advised his students to study
the Sahih under no one else, because of the quality of her scholarship.”
Among her students were al-Khatib al-Baghdadi, a noted Islamic scholar
and historian (Siddiqui, 1993, p. 119).
Related Abu Bakrah: Allah benefited me with the word I heard from
the Messenger of Allah during the Battle of the Camel12 after I was
about to join the people of the Camel and fight on their side, but then
I remembered what I heard from the Messenger of Allah, when he was
told that the Persians appointed Kisra’s daughter as their Queen. The
12 It was named as the Battle of Jamal or camel, because ‘Ayishah (R.A.), the wife of
Prophet (S) led the army on the back of camel.
Prophet said: “a nation that entrusts its affairs to a woman will never
prosper”.13
The hadith has other chains of narrators, all of which meet on Abu
Bakrah (R).14 In most cases, it is narrated in the same wording. But Imam
Ahmad ibn Hanbal narrated differently than what is narrated in Sahih
al-Bukhari and other Sunan Books of ahadith.
Imam Hakim authenticated this hadith and Imam al-Dhahabi also
confirmed it. Imam al-Tirmidhi says: “This is a hasan (sound) and sahih
(authentic) hadith”. As the hadith is reported in Sahih al-Bukhari, it
guarantees protection from sanad (chain of transmission) deficiencies and
criticisms. Though some of the narrators of the hadith are questioned
and debated, it does not affect the authenticity of the hadith as a whole.
However, that authentication relates to only the riwayah. As was mentioned
earlier, even a hadith is regarded as sahih based on its riwayah, and it still
needs to be scrutinized based on matn (text or actual wording). This is
where the hadith falls apart as an evidence, especially for something as
sweeping as prohibiting women from the role of leadership.
The background of the hadith is that the Prophet (S) was informed
about a political turmoil and unrest in Persia, when its monarch was
assassinated by his own son, and the son was also killed by a plot of his
father planned before the latter’s death. The son was able to hold the
reign of power for only six months, after which he was killed by the pre-
arranged plot of his father. The elites of the monarchy did not want to
be ruled by other than the royal family. Therefore, Buran, the daughter
of Daughter of Khosrau II, King of Persia, became the Queen of Persia,
the 26th Sassanid Monarch of Persia (Al-‘Asqalani, n.d.). Since this is the
hadith that is used, the only and definitive evidence on this issue, the hadith
needs to be critically examined and analysed.
The majority of the scholars in the past and the present rejected
women’s rule over a nation based on this hadith. They took it in the
literal meaning of legal prohibition for a woman to assume the rule of
authority. Though the hadith does not literally prohibit assigning women
to the rule of authority, the orthodoxy took it as a strict rule of prohibition,
as the hadith literally declares destruction of a nation that assigns women
13 Sahih al-Bukhari, Kitab al-Maghazi, Bab Kitab al-Nabi (PBUH) ila Kisra wa Kaiser,
Hadith no. 4073, vol. 13, p. 337.
14 See Ibn Hanbal Musnad, 5/38, Tirmidhi, 9/118–119, Nasa’i, Hadith No. 4981.
15 Imam ‘Abd al-Razzaq (d. 211 H) reiterates the fact which connects Abu Bakrah to
the verse 24:13. ‘Abd al-Razzaq – Ma‘mar – al-Zuhri – In al-Musayyab.
16 al-Qur’an, 24:4.
17 A person who intentionally and constantly transgresses the clearly prescribed bound-
aries of Allah.
18 Three people testified against al-Mughirah b. Shu‘bah for adultery. But Ziyad recoiled.
So, ‘Umar punished the three (with lashing), and said to them, “Repent, and your
(future) testimonies will be accepted.” So, two of the men repented but Abu Bakrah
did not repent. Therefore, his testimonies were no longer accepted. Abu Bakrah was a
maternal brother of Ziyad. When what happened in the case of Ziyad occurred, Abu
Bakrah swore that he would never again speak to Ziyad. As such, he never again spoke
to him till his death. The chain is Sahih, and has been so declared by the top muhadithun
of the Ahl al-Sunnah. Imam Muslim (d. 261 H), for instance, has relied upon this chain
in his Sahih. See Abu Bakr ‘Abd al-Razzaq b. Hamam al-S.a’nani (n.d.).
argues that since there is no text in the Qur’an or Sunnah that prevents
women from exercising this right, Muslims should respect the provision of
permissibility. Indeed, the verse 9:71 establishes the fact that the women
are also counterparts of men, and are to play their role in amr bil ma‘ruf
and nahy ‘anil munkar as cited earlier.
The Prophet (S) is also reported to have said: “Women are men’s
counterparts (Innama an-nisau shaqaiq ar-rijal).”20 This also shows that
she should exercise the same rights as men based on her credibility and
quality, and not based on gender.
Al-Siba‘i believes that though there is no text preventing them from
running in the elections, the women in Muslims societies stay out of it due to
lack of public interest. According to a leading contemporary Muslim scholar
al-Qaradawi, it is against maslahah or public interest that the women should
stay away from running in the election (Feldman, 2007, p. 64), rather
they should run in the election side by side with irreligious women who
also run in the elections and get elected. Al-Qaradawi praises the step of
Al-Ikhwan Al-Muslimun in Egypt for selecting some women members to
run for the election. Of course, during the past century almost all Islamic
movements have facilitated and encouraged women’s participation in the
political process, even though they do hold that women are prohibited from
leading even their respective movements, let alone a society or state.
The orthodoxy raises the case of the virtuous wives of the Prophet (S)
as they were asked in the Qur’an to stay in their homes (33:33) and they
generally did. The fact that the Qur’an specifically addresses the wives
of the Prophet is sufficient and categorical not to extend it beyond the
addressed group. If it were to be general, it would not have been addressed
to the wives of the Prophet (S).
Some scholars have employed the sadd al-dhara‘i (blocking the means,
i.e., preventive measures) argument: bringing out women in the public
space will lead to moral turpitude. However, the counter argument is
that barring women from political participation can lead to sadd ash-
Sharaı̄‘ or preventing Sharı̄‘ah itself. If one exceeds the limit in sadd
al-dhara‘i, it will lead to extremism in fath al-dhara‘i or opening the means
to evil acts. Should one avoid cultivating the grapes, lest it may result in
producing wine? Should one not study Chemistry, because it may teach
him how to produce wine, and may indulge in this? Should one not live in
a neighborhood assuming that the neighbors may have daughters, where
his sons might get enticed or corrupted?
The position of the scholars and jurists on the issue of what role
or position of authority Muslim women can assume is rather divergent.
Imam Abu Hanifa allowed women to be judges and muftis to issue Islamic
legal verdicts except in financial and criminal matters, a position that
is somewhat self-contradictory. Imam al-Tabari and Ibn Hazm somewhat
more liberally have held that they could be judges in all issues. Ibn Hazm,
though known as a Zahiri or a person who strictly and literally followed the
texts of the Qur’an and Sunnah, held the view that there is no evidence in
the Qur’an and the Sunnah prohibiting women from being Prophets and
that he regarded some special women, such as Maryam, the mother of Isa
(Jesus), among the Prophets (Esposito, 1995, p. 365). Had there been any
text, Ibn Hazm would be among the first one to accept and defend. So,
if they were allowed in principle to be the prophets, they could also be
the leaders. Also, allowing women to be judges and muftis, but disallowing
them as witness in financial and criminal matters on the same level as men
does not hold water.
the natural domain for women’s activities. Likewise, politics, state affairs
and military services, etc. are exclusively meant for men (Al-Mawdudi,
1980, p. 264). Muhammad Hussain Fadlallah (d. 2010 AD), a Shia scholar
interpreted the hadith of Abu Bakrah (R) as being related to the dictatorial
regime of Persia. The rulership then just required general competence,
whereas today it requires government machinery, experts and consultative
council and so on. He concluded that a woman should not hold the post
of top leadership; but she could participate in other activities besides
man provided that she is well equipped to protect herself from emotional
and sentimental attachments (Fadlallah, 1418AH, p. 542). Hasan al-Turabi
(d. 2016 AD) also asserted that women can hold any high position in state
including ministers, but not the premiership of a state (Kausar, 1997,
pp. 28–29). Many other scholars also prohibited women from assuming
leadership role based on this hadith. Among these scholars are al-Qaradawi
(1996, 1/73), Abu Shiqqah (1990, 2/449-450), al-Bahansawi (1986, p. 108),
Zaydan (1993, 4/302) and others. They repeated the similar arguments
presented by the scholars mentioned earlier. Though rare, some of the early
Muslim scholars of the 19th and early 20th centuries have permitted women
to be the top leaders (Shehabuddin, n.d.), for instance Muhammad
al-Ghazali (d. 1996 AD) believed that the hadith refers to a particular
incident in a particular country. It is wrong to generalize it on all Muslim
women let alone the women of the world (Al-Ghazali, 1989, pp. 48–49).
In contrast with the orthodox view, these scholars generally related
the hadith of Abu Bakrah (R) with a political event that occurred in
Persia and they refused to generalize it for today’s context. There are other
contemporary scholars who argued that this hadith could not have been
stated by the Prophet (S). For example, Mohammed Ali mentions that
before considering Abu Bakra’s reported Hadith about the qualification of
women for the position of head of state, we must note the fundamental test
for accepting a Hadith as genuine (Ali, 2004, pp. 124–125). Usmani rejects
this reported hadith as forged since Abu Bakra (R) did not remember it
until the time the Battle of the Camel, long after it was alleged to have
been said (Ali, 2004, pp. 124–125). Some other scholars argued based on
the analysis of al-Mawardi in his book al-Ahkam al-Sultaniyyah that they
could be the supreme leaders as al-Mawardi did not mention being male as
one of the seven conditions of being Caliph.21
21 http://www.islamtoday.net/nawafeth/artshow-45-2784.htm.
Apart from this hadith narrated by Abu Bakrah (R) whose reports
are rejected, there is no Islamic prohibition to this effect. Rather Qur’an’s
acclaimed mentioning of the Queen of Sheba shows that woman can be the
leader of a state and in a democratic or representation-based system women
have the right to contest election for any office. It is the ability and quality of
a particular candidate that matters, and not the gender. Sometimes, women
are more qualified than men. Their quality, not gender, should be taken
into consideration. Islam is not gender biased. It makes more sense that the
hadith of Abu Bakrah (R) refers to a particular incident of Persia that the
Prophet (S) prophesied about the destruction of that particular nation.
This proves his accuracy of prophecy and that he was Allah’s Prophet.
That disputed hadith from a discredited narrator cannot be the basis for
such drastic and sweeping prohibition.
22 http://www.mapsofindia.com/who-is-who/history/razia-sultana.html.
23 http://www.womeninworldhistory.com/heroine1.html.
24 http://en.wikipedia.org/wiki/Hamas.
25 http://en.wikipedia.org/wiki/Women in Islam.
politics. Dr. Zeti Akhtar Aziz served as the Governor of the Bank Negara
Malaysia, the central bank of Malaysia, during 2000–2016. Dr. Shamshad
Akhtar, a Pakistani development economist, diplomat and intellectual who
served as the Under-Secretary General of the United Nations as the head of
UNESCAP also served as the 14th Governor of the State Bank of Pakistan,
the first Muslim woman to assume this position. She also served as a Senior
Adviser to Secretary-General of the United Nations Ban Ki-Moon and the
Vice-President at the World Bank.
Not all Muslim-majority countries regard women’s leadership as nor-
mal, nor do all people accept it without question. Some women leaders faced
terrible attack by some fanatics. For example, in February 2007, a Pakistani
Minister of Social Welfare in Punjab Province, Zilla Huma Usman, 35, an
ally of President Pervez Musharraf, was killed as she was about to deliver a
speech to dozens of party activists, by a “fanatic” who believed that she was
dressed inappropriately and that women should not be involved in politics,
officials said.32 Similarly, Malala Yousafzai who demanded that girls be
allowed to receive an education was shot in the head by a Taliban gunman
in 2012, but survived and went on to receive the Nobel Peace Prize.
32 Times Online, “Female Pakistani minister shot dead for ‘breaking Islamic dress code”’,
available at http://www.timesonline.co.uk/tol/news/world/asia/article1414137.ece.
further claimed that not only they have no presence in and contribution to
the discourse that deals with their rights and position, their concerns and
grievances were generally met with utter insensitivity, if not disdain, and
that even in the name of Islam.
Muslim women are not willing to take a back seat any more. The quest
of Muslim women for their empowerment and leadership has stretched so
much beyond the orthodox view that women are rejecting male-exclusive
fatwa bodies, such as All India Muslim Personal Law Board, and setting
up their own all women board since 2005.33 Voices among Muslim women
are also raising the point that “women, because of their experience as
women, were better equipped to render women-sensitive exegesis” (Badran,
2005; Aslan et al., 2013). In April 2017, a milestone event took place in
Indonesia. There was a conference of female Muslim scholars/clerics (ulama)
(Ramadhani, 2017). From this conference Indonesian Women’s Ulama
Congress, attended by 570 participants, issued resolutions challenging the
orthodox positions on child marriage, polygamy (polygyny, to be specific),
marital rape and abuse, and so on (Britton, 2017). ‘Ulama from other
Muslim-majority countries also attended this conference and echoed the
concerns and grievances highlighted in the conference. Taking a lead beyond
their male counterparts, the conference also issued fatwa related to the
environmental protection. It was also remarkable that they issued fatwa for
complete ban on child marriage, which of course is considered permissible
in male-dominated orthodox Islamic law.
In North America, the Fiqh Council of North America, included a
female jurist, Dr. Zainab al-‘Alwani.34 Iran has female mujtahids, such
as Ayatullah Zuhrah Sifati (Kunkler and Fazaeli, 2012). Strengthened
by female Muslim academics throughout the world, the tide against the
male-dominated Islamic legal discourse is rising and the same Qur’an and
Sunnah are being referred to for renegotiating the roles, rights and duties
of women. This has important implications for how the discourse about
women empowerment and their leadership is shaping up at the intellectual
level and how that discourse is simply trying to catch up with the evolving
ground realities in contemporary time; it raises a critical issue in this
context.
3.8 Conclusion
The Qur’an honored humankind as a single unity, and as a matter of
principle makes no distinction due to blood, color, race or gender. All
humans regardless of males or females are equals in the eyes of Allah (“O
mankind! Behold, We have created you all out of a male and a female and
have made you into nations and tribes, so that you might come to know
one another. Indeed, the noblest of you in the sight of Allah is the one who
is most deeply conscious of Him . . .” 49:13). As established in the Qur’an,
Allah judges people by their taqwa (consciousness of Allah), not by gender.
The Prophet (S) reportedly proclaimed: “Muslims are one fraternity. No one
has any superiority or merit over another, except by piety or consciousness
of Allah (al-Muslimuna ikhwah, la fadla li-ahadin ‘ala ahadin illa bi
al-taqwa)” (Al-Suyuti, n.d.).
The Qur’anic command of shura (consultation) includes both men and
women. Women actively participate in enjoining good and forbidding vices.
The Prophet Muhammad (S) consulted his wives in making important
political decisions. He also upheld the political rights of women by
confirming the protection granted by Umm Hani (R) to a polytheist during
the victory of Makkah. Some of the female companions also got actively
involved in political issues. This establishes the fact that women can play
political roles and hold topmost public offices to discharge duties side by
side with their male counterparts while observing the Islamic code of life.
Women are parts of human society. Historical experience establishes
that women can effectively and capably serve at high and responsible
positions, including the position of the head of state. In regard to leadership,
capability and experience as part of qualification should be a prime concern
to Muslim males and females alike. As Islam grants reciprocal rights
between men and women and they can be mutual guardians (awliya’) of
each other, the Qur’an cannot be used to prohibit women’s leadership. Also,
the specific hadith used for prohibition does not carry the credibility to
warrant such drastic and sweeping prohibition. Women having full rights
to compete with their male counterparts and getting elected with their
own abilities would be aligned with the vision of a society from Islamic
viewpoint. Leadership should not be determined by gender, but the inherent
traits, qualities and gifted attributes to serve the people.
It is facetious to propagate that Islam treats men and women as equal
and grants all the rights while not even allowing women to vote and
participate in the election process. Some Gulf States have been resisting
women’s participation in the election process. Of course, most of these states
are run by dictatorial regimes, which are incompatible with the Qur’anic
guidance and the example of the Rightly-Guided Caliphs. While invoking
the cover of religion, some of them even prohibit women from driving, which
has nothing to do with Islam. It is a great irony that Grand Mufti, the
country’s most senior religious authority of a Gulf country once declared a
fatwa against women driving, stating that driving would expose women to
“temptation” and lead to “social chaos.”35
Whether the issue is women’s empowerment in general or their
leadership in particular, Muslims need to approach the matter from the
perspective of the vision and norms identified in the Qur’an and that
exemplified through the legacy and heritage of the Prophet Muhammad
(S), and in this regard one essential step has to be women’s presence in the
discourse about Islamic law and jurisprudence that determine and shape
the framework for permissibility and impermissibility in Islam, and also
define the scope of women’s participation and empowerment.
References
Abd al-Razzaq b. Hamam al-S.a’nani, al-Musannaf [annotator: Habib al-Rahman
al-A‘zami], Vol. 7, p. 384, # 13564, available at https://www.al-islam.org/
bn/node/29005#f fe99c0ea 15. Retrieved on 12 June 2019.
Abdel-Latif, Omayma (15 April 2009), “Sisters in the Muslim brotherhood”,
Carnegie Middle East Center, available at http://carnegie-mec.org/2009/
04/15/sisters-in-muslim-brotherhood-pub-23002. Retrieved on 12 June
2019.
Abu Shiqqah, Abd al-Halim (1990), Tahrir al-Mar’ah fi ‘Asr al-Risalah (1st edn.),
Kuwait: Dar al-Qalam.
Adnan, Gunawan (2004), Women and The Glorious Qur’an: An Analytical Study
of Women-Related Verses of Sura an-Nisa’, Göttingen: Universitätsdrucke
Göttingen.
Al-‘Asqalani (n.d.), Ibn Hajar, in Abdul ‘Aziz bin Baz (ed.), (1st ed.), Fath
al-Bari Sharh Sahih al-Bukhari. Beirut: Dar al-Fikr, 8/482.
Al-Bahansawi, Salim (1986), Makanat al-Mar’ah bayna al-Islam wa al-Qawanin
al-‘Alamiyyah (2nd edn.), Kuwait: Dar al-Qalam.
Al-Ghazali, Abu Hamid Muhammad (1964), Fada’ih al-Batiniyyah, Egypt: al-Dar
al-Qawmiyyah.
Al-Ghazali, Abu Hamid Muhammad (1989), Al-Sunnah al-Nabawiyyah bayna Ahl
al-Fiqh wa ahl al-Hadith (1st edn.), Beirut: Dar al-Shuruq.
Al-Hibri, A. (1982), Study of Islamic history or how did we ever get into this
mess? Women Studies International Forum, 5(2), 207–218.
35 https://www.hrw.org/news/2013/10/24/saudi-arabia-end-driving-ban-women.
Al-Hibri, A. (1997), Islam, law and custom: Redefining Muslim women’s rights.
American University International Law Review, 2(1), 1–44.
Al-Kasani, Abu Bakr (1998), Bada’i‘al-Sana’i‘fi Tartib al-Shara’i‘ (2nd ed.),
Beirut: Dar Ihya’ al-Turath al-‘Arabi.
Al-Mar’isiy, Fatimah (1993), Al-Harim al-Siyasi, Al-Nabi wa al-Nisa’ (2nd edn.),
Damascus: Dar al-Hisad.
Al-Tabari (2015), The History of al-Tabari, Vol. 16, translated by Adrian
Brockett, New York: State University of New York Press.
Al-Turabi, Hasan (1991), Women in Islam and Muslim Society, London:
Milestone.
Al-Mawardi (1990), al-Ahkam al-Sultaniyyah, translated by Sajidur Rahman
Siddiqi, Lahore: Islamic Publications.
Al-Mawdudi, Abul A‘la (1980), Al-Islam fi Muwajahat al-Tahaddiyyat
al-Mu‘asirah (4th edn.), Kuwait: Dar al-Qalam.
Al-Qaradawi, Yusuf (1996), Fatawa Mu‘asirah (2nd edn.), Cairo: Dar al-Qalam.
Al-Qudah, Muhammad Tu’mah Sulayman (1998), Al-Wilayah al-‘Ammah lil-
Mar’ah fi al-Fiqh al-Islami, Jordan: Dar al-Nafa’is.
Al-Qurtubi (2013), Ahkam al-Qur’an, 24 Vols., Beirut: Risalah Publishing.
Al-Shawkani, Muhammad bin Ali bin Muhammad (1358H), Nayl al-Awtar Sharh
Muntaqa al-Akhbar min Ahadith Sayyid al-Akhyar, Egypt: al-Matba’ah
al-Uthmaniyyah al-Misriyyah.
Al-Siba‘i, Mustafa (n.d.), Al-Mar’ah bayna al-Fiqhi wa al-Qanun, Dirasah
Shar‘iyyah wa Qanuniyyah wa Ijtima‘iyyah, (2nd edn.), Halab: Al-Maktabat
al-‘Arabiyyah.
Al-Sukkah, Abdul Halim (1990), Tahrir al-Mar‘a fi al-Asr ar-Risalah (Freedom
of Women during the Era of the Messenger), 4 Vols., Kuwait: Dar al-Qalam.
Al-Suyuti, Jalaluddin (n.d.), Al-Jami’ al-masanid wa al-marasil, Complete
Islamic Reference Electronic Database, #23538. Retrieved on 12 June 2019.
Ali, Syed Mohammed (2004), Position of Women in Islam: A Progressive View
(1st edn.), Albany: SUNY Press.
Ashiq Ilahi, Muhammad (2005), The Daughters of the Holy Prophet, New Delhi:
Idara Isha‘at-e-Diniyat.
Aslan, Ednan (2013), “Early community politics and the marginalization of
women in Islamic intellectual history,” in Aslan, E., Hermansen, M. and
Medeni, E. (eds.). Muslima Theology: The Voices of Muslim Women
Theologians, Oxford: Peter Lang, p. 39.
Aslan, E., Hermansen, M. and Medeni, E. (2013), Muslima Theology: The Voices
of Muslim Women Theologians, Oxford: Peter Lang.
Barlas, Asma (2009), Believing Women in Islam: Unreading Patriarchal Inter-
pretations of the Qur’an, Texas: University of Texas Press.
Badran, Margot (2005), Between secular and Islamic feminism/s: Reflections on
the Middle East and beyond. Journal of Middle East Women’s Studies,
1(1), 18.
Britton, Jack (2017), “The importance of the world’s largest gathering of female
Islamic clerics”, Jakarta Globe, available at http://jakartaglobe.id/opinion/
worlds-first-womens-islamic-cleric-congress-hosted-w-java-significant/.
CAIR (23 August 2006), “Islamic society elects first female president”,
available at http://www.cair.com/press-center/cair-in-the-news/8399-isla
mic-society-elects-first-female-president.html.
Duderija, Adis (2011), Constructing a Religiously Ideal “Believer” and “Woman”
in Islam, New York: Palgrave-Macmillan.
El Fadl,Khaled Abou (2014), Speaking in God’s Name:Islamic Law, Authority
and Women, Oxford: Oneworld Publications.
Esposito, John (1995), The Oxford Encyclopedia of the Modern Islamic World:
Libe-Sare, Oxford: Oxford University Press.
Everson, Stephen (ed.) (1988), Aristotle, Politics, Vol. 1, Cambridge: Cambridge
University Press.
Fadlallah, Muhammad Husayn (1418AH), Hiwarat fi al-Fikr wa al-Siyasah wa
al-Ijtima‘, Beirut: Matba‘ah al-Hadiy.
Farooq, Mohammad Omar (2011), “Islamic law and use and abuse of Hadith” in
Farooq, Mohammad Omar (ed.).Toward Our Reformation: From Legalism
to Value-oriented Islamic Law and Jurisprudence, Herndon: IIIT.
Farooq, Mohammad Omar (2003), Women scholars of Islam: Let them bloom
again. Message International, 28(8/9), 27–33.
Feldman, Noah (2007), After Jihad: America and the Struggle for Islamic
Democracy, New York: Farrar, Strauss and Giroux.
Geissinger, Aisha (2015), Gender and Muslim Construction of Exegetical Author-
ity: A Rereading of the Classical Genre of Qur’an Commentary, Leiden:
Brill.
Ibn al-‘Arabi, Abu Bakr (n.d.), Ahkam al-Qur’an (1st edn.), Beirut: Dar al-Kutub
al-Ilmiyyah.
Ibn Hazm, Ali bin Ahmad al-Andalusi (1988), Al-Muhalla bi al-Aathar, Beirut:
Dar al-Kutub al-Ilmiyyah.
Ibn Khaldun (1987), Muqaddimah, translated by Raghib Rahmani, New Delhi:
Ittiqad Publishing House.
Ibn Kathir (1410H), Al-Bidayah wa al-Nihayah, Beirut: Dar al-Fikr.
Islamic Salvation Front (2009), “Encyclopædia Britannica,” available
at http://www.britannica.com/EBchecked/topic/295755/Islamic-Salvation.
Retrieved on 12 June 2019.
Jalajel, David (2016), Women and Leadership in Islamic Law: A Critical Analysis
of Classical Legal Texts, Abingdon: Taylor & Francis.
Jamal, Amina (2013), Jamaat-e-Islami Women in Pakistan: Vanguard of a New
Modernity? Syracuse: Syracuse University Press.
Kausar, Zeenath (1997), Political Participation of Women: Contemporary Per-
spectives of Gender Feminists & Islamic Revivalists, Kuala Lumpur: A.S.
Noordeen.
Khan, Israr Ahmad (2010), Authentication of Hadith: Redefining the Criteria,
Herndon: IIIT.
Kunkler, Mirjam and Fazaeli, Roja (2012), “The life of two Mujtahids: Female
religious authority in Twentieth-century Iran,” in Bano, Masooda and
Kalmbach, Hillary (eds.). Women, Leadership and Mosques: Changes in
Contemporary Islamic Authority, Leiden: Brill.
Mejia, Melanie (2007), Gender Jihad: Muslim women, Islamic jurisprudence, and
women’s rights. Kritike, 1(1), 1–24.
Qutb, Sayyid (2001), In the Shade of the Qur’an, Vol. 3, UK: Islamic Foundation.
Ramadhani, Nurul Fitri (26 April 2017), “Indonesia’s first female Muslim clerics
congress aims to strengthen women’s roles,” Jakarta Post, April 26.
Rida, Muhammad Rashid (1367H), Nida’ li al-Jins al-Latif fi Huquq al-Nisa’ fi
al-Islam wa Hazzuhunna min al-Islah al-Muhammadiyy al-‘am (2nd edn.),
Cairo: Dar al-Manar.
Sayyid Tantawi (1997), Tafsir al-Waseet li al-Qur’an al-Kareem, Cairo: Dar
Nahdah.
Shehabuddin, Sarah (n.d.), “Female Leadership in Islam”, available at http:
//www.irfi.org/articles/articles 401 450/female leadership in islam.htm.
Retrieved on 12 June 2019.
Siddiqui, Muhammad Zubayr (1993), Hadith Literature: Its Origin, Development,
Special Features and its Criticisms, Cambridge: The Islamic Texts Society.
Thameem Ushama (1995), Hasan al-Banna — Vision and Mission, Kuala
Lumpur: A.S. Noordeen.
Ullah, Qazi Fazl (2015), Science of Hadith, Lulu.com.
Wadud, Amina (2006), Inside the Gender Jihad: Women’s Reform in Islam,
Oxford: Oneworld Publications.
Zaydan, Abd al-Karim (1993), Al-Mufassal fi Ahkam al-Mar’ah (1st edn.), Beirut:
Muwassasat al-Risalah.