Gender Justice from an Islamic Perspective

Gender is a modern term used for indicating differences between femininity and masculinity. It generally replaces the synonym term sex which indicates the biological divisions and differences between male and female. Ann Oklay used the term in 1972 to highlight the unequal division between male and female inherent not in biological traits but in socio-cultural…

Written by

PROF. JAMIL FAROOQUI

Published on

November 13, 2022

Gender is a modern term used for indicating differences between femininity and masculinity. It generally replaces the synonym term sex which indicates the biological divisions and differences between male and female. Ann Oklay used the term in 1972 to highlight the unequal division between male and female inherent not in biological traits but in socio-cultural characteristics. He thus explains it as “socially constructed aspects of differences between men and women”. He is conscious that the differences between male and female are based on certain ideologies that provide justification for the biologically existing traits between these two groups of human beings.

Women have always been considered inferior and enjoyed low status throughout history. They are exploited, denied of human rights and used, by and large, to satisfy males’ desires and aspirations. They are considered commodity and meant to serve males. In some societies the custom was that women were sold and compelled to act upon the will of the master. Their position was worse than slaves. They depended upon men and had no independent identity. In a nutshell, a great extent of inequality existed between men and women, who always met inhuman treatment. The lowest position of women and their inferiority were justified because of their biological deficiencies. It was argued that by nature they are inferior to men and have certain physiological drawbacks that cannot make them equal to and at par with men.

The wake of modernity, human rights, equality and justice challenged the inferior position of women and rejected the argument that it is due to natural deficiencies. It was argued that their inferior condition is due to socio-cultural traits and social order developed by men. The advocates of women’s rights set forth the idea that society is always dominated by males who, in order to maintain their superiority, degraded the position of women and placed them under the authority and control of males. The fact is that women are human beings and as potential members of society as men are. As such, they are equal to men and should have the same rights and position in society as their counterparts enjoy.

Moreover, the feminist movement claiming the empowerment of women with equality with men and full freedom strengthened the idea of social construction of inequality between men and women. The movement reacted sharply against the traditional image of women, condemned and rejected the authority and power of males within and outside the home. It preferred the word ‘gender’, used it widely and highlighted males’ excesses in exploiting and suppressing women for their personal gains. Feminists developed terms like ‘male chauvinism’ and ‘male dominated society’ to show males’ role in curbing women’s basic rights and their freedom.

Gender justice is a social movement initiated to improve the condition of women and girls, provide them equal opportunity of enjoying the privileges of society and enable them to lead a dignified life in the world. It is based on the idea that everybody, men and women, boys and girls are human beings and as such, are equally valued, and have basic right to share equitably in the distribution of power, knowledge and resources. They should be free from suppression, oppression, exploitation, violence and insecurity due to gender biasness and socio-cultural restraints. Social order should be built on rational ground where all members without any prejudice of caste, creed and gender should be provided equal opportunity to participate in and contribute to socio-economic and political development.

Gender inequality is a curse as it affects the stability of a social order. It deprives women and girls of their basic right of existence and compels them to lead inhuman life. The result is that a time comes when they revolt against the social order, challenge the male authority and superiority, demand to enjoy full freedom and develop such traditions that destroy the very fabric of social relations and morality. This is what happened with the feminist movement in the modern age. In order to claim empowerment and freedom the movement did not take care of the sanctity and necessity of the institutions of family and marriage. It encourages modern women to neglect marital bonds and sanctions and live as husband and wife without marriage. It also creates a situation wherein women are not serious and neglect their basic responsibility of rearing and socialisation of children. They claim that they are not alone responsible for that, men should also share this burden and perform the job. The fact is that children are more attached to mothers who can better teach them behavioural norms, good acts and proper way of living. Some women avoid procreation because they consider it a burden and neglect the sanctity of motherhood.

 

GENDER IN ISLAMIC FRAMEWORK

Gender in Islam is different in meaning and nature. It is related to the basic ideology of Islam which is a unitary system where all of its parts and units are blended into one and perform interdependent role to achieve the purpose for which it is created. Gender is the category of humans required to play distinct roles with the cooperation and coordination of each other to strengthen the system and enable it to work smoothly. Gender, thus refers to the role that its occupants have to play for the establishment of a moral, altruistic and God-fearing society and for the betterment of humanity.

Gender in Islamic ideological framework is a divinely constructed concept indicating the division of men and women created in pair to live in a group, work jointly to follow the Divine order and maintain the integrity, solidarity and continuity of human race. Gender in Islam reflects that both men and women are equal. None of them is superior or inferior as well as competitor of each other, rather they are the helping partners and “protecting friends of one another” (Qur’ān, 9:71).

It further indicates that men and women are dependent on each other and cooperate with each other to lead a virtuous life and establish peace and harmony in society. They work together to perform their basic duty that is to enjoin right and forbid wrong, establish worship and obey the commandments of Allah. They are judged by the degree of piety and virtue and there is no exception in that. The Qur’ān explains the features of gender in a clear term:

“The believers, men and women are protectors, one of another: they enjoin what is just, and forbid what is evil: they observe regulars prayers, practise regular charity, and obey Allah and His Messenger. On them will Allah pour His Mercy: for Allah is Exalted in power, Wise.” (Qur’ān, 9:71)

This is the reason that Allah has created everything in pair so that they may receive instructions (Qur’ān, 36:36) and help each other to lead a righteous life commanded by the Lord. They provide peace and tranquillity to each other and vitalise their potentiality to perform their role as the vicegerents of Allah in the best possible way.

 

GENDER JUSTICE FROM AN ISLAMIC PERSPECTIVE

The idea that lies behind gender justice is basically initiated and presented by Islam. History bears witness that before the advent of Islam baby girls were buried alive because they were subject to humiliation for parents. It was Islam that gave them respect and honour, granted them basic rights of existence and enhanced their position. Islam always maintains equality in true sense in dealing with the creatures of the Lord based on equity and justice and the roles they have to play in maintaining social order.

A woman, first of all, is a human being, a superior most creature of the Lord Who valued her equal to her counterpart and bestowed upon her all the bounties necessary for her dignified existence. As such, women enjoy the status and privileges which men enjoy in this world. She is neither, in any case, inferior to men nor is she a lower species. Islam gave her the full status of a human being, grants her all rights and privileges, maintains her dignity and honour and treats her equal to men.

Abul Ati rightly observes: “The status of woman was taken for granted to be equal to that of man. It was a matter of course, a matter of fact, and no one, then, considered it as a problem at all.” As a human being she is exalted to the position of vicegerent of Allah and has to play the most important role of establishing the Divine system on earth. The rights and duties assigned to her in peripheral roles like mother, daughter, sister and wife are not the matter of superiority and inferiority but to strengthen the social system to give anticipated results.

The other feature of gender justice in Islam is that one’s gender is not at all the criterion for superiority. The only criterion for superiority in Islam is the virtues and fear of God rather than wealth, power, descent, sex or any other factor. The Qur’ān declares, “Verily the most honoured of you in the sight of Allah is (he who is) the most righteous of you.” (Qur’ān, 49:13) Thus, the high status and superiority of a person in Islamic social system entirely depends upon the commitment and dedication to the commandments of Allah, complete submission to His will and performance of virtuous acts. The criteria of race, colour, sex and ethnic background are not at all taken into consideration in the evaluation of a person’s position. Men and women are judged only by their righteous acts and thus, a virtuous woman is superior to a male who does not qualify for that superiority. The Qur’ān clearly states:

“Whoever works righteousness, man or woman, and has Faith, verily, to him will We give a new life, and life that is good and pure, and We will bestow on such their reward according to best of their actions.” (Qur’ān, 16:97)

The Qur’ān further emphasises that righteousness and faith are the important qualities that enhance the status of believers without any distinction of caste, creed and sex. All those who possess these qualities must be rewarded without any doubt. This is the justice of the Lord. The Qur’ān declares:

“If any do deeds of righteousness – be they male or female and have faith, they will enter Heaven, and not the least injustice will be done to them.” (Qur’ān, 4: 124)

Gender justice is manifested in the egalitarian system of Islam. It gives high preference to equality and fraternity of humankind. The Qur’ān time and again highlights equality between the genders as well as the characteristics of their statuses:

“For Muslim men and women – for believing men and women, for devout men and women, for true men and women, for men and women who patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who fast (and deny themselves), for men and women who guard their chastity and for men and women who engage much in Allah’s praise – for them has Allah prepared forgiveness and great reward.” (Qur’ān, 33: 35)

The virtues described in the ayah are in fact the qualities of a true servant of Allah. They determine the status of humankind without any distinction of sex or other background. They constitute Taqwah (fear of God) which is the only criterion of superiority of a human being.

Abdullah Yusuf Ali observes: “Chief stress is laid on the fact that these values are as necessary to women as to men. Both sexes have spiritual as well as human rights and duties in an equal degree, and the future ‘reward’ of the Hereafter, viz, Spiritual Bliss, is provided for the one as for the other.”

Gender justice in Islam does not mean that individuals have the right to do whatever they like, neglecting what is right, moral, righteous, desirable and beneficial to humanity. It also does not mean that same rights and duties are provided for every individual. It is the wrong interpretation of justice, and it is also not possible in smooth functioning of a system. Women, besides the performance of the role of a human being, have also to play certain peripheral roles as mother, daughter, sister and wife. In all these positions, they have to play the basic role as a human being, and at the same time they have to perform their duties as the occupant of a particular position and also enjoy the rights by virtue of being placed at that position.

Woman as a mother is the most respectable person in the familial system of Islam. It is the duty of believers to respect, take care of and serve their mothers. They should try to please her, provide all possible comfort for her and obey her. Islam, as a matter of principle, attaches great importance to the respect of parents and considers it a virtuous and noble act. Of the parents, the mother is the more important, commands more respect and is placed on a high pedestal. The Qur’ān emphasises the rights of mothers several times and impresses upon believers to respect and serve them even if they are unbelievers. (Qur’ān, 31:14) The Prophet (peace and blessings of Allah to him) advised Jahimah who came to him and said, “Messenger of Allah! I want to join the fighting (in the path of Allah) and I have come to seek your advice.” He said, “Then remain in your mother’s service, because Paradise is under her feet.”

A daughter enjoys respect and security in the family. She is not at all inferior to a son. It is the duty of a father to take care of, look after and bring up his daughter well. He should provide her with full security, fulfil her needs appropriately, educate her, express love and sympathy and protect her at all odds according to his full capacity. The Prophet (peace and blessings of Allah to him) always instructed believers to treat her and bring her up well. It is reported by Anas bin Malik: “He who brings up two girls till they attain puberty, will come on the Day of Judgement and he and I will be like this. Saying this, the Prophet (peace and blessings of Allah to him) joined his fingers.”

Sisters are also entitled to enjoy respect and protection in the family. It is their right to get respect, help and protection from brothers. Elder sisters get respect from their brothers who are obliged to obey their orders if it is within their capacity and within the parameters of Islamic system. Younger ones are entitled to sympathy and love from their brothers. It is the duty of brothers to express love and sympathy, take care of and provide all possible help for them. This is the general principle followed in almost all Muslim families. These are the obligations of brothers and considered good acts the performance of which they can get the high rewards in the Hereafter.

The position of a woman as wife is a very delicate and complex one. She is the partner of marriage bond and as such, expects equal status with her husband. The fact is the relationship between husband and wife is based on love, sympathy, affection, endearment, devotion, mutual understanding and confidence in each other. The little slackness in these qualities creates problems and each one of them claims and wants not only identical rights but also wants that the will of each of them will prevail over other. This is generally the reason for disruption, discontentment and maladjustment of the family. The following points should be taken into consideration in order to understand the position of wife:

First, a woman as a wife is a mate as a husband is. Both are parts of the pair that gives the idea of combination or dependence on each other. A pair is useless in the absence of either one of them. The Qur’ān uses the word zouj which, according to Aftab Hassan, “may be used in the sense of pair or couple and may connote equality as well as one being the complement of the other. He explains:

In the context of zauj meaning husband or wife, there is a sense of one being complementary of the other very like two wheels of the vehicle which must be similar and equal. The sense of equality or companionship on an equal basis is there in zauj as in the English word ‘mate’.

Second, the purpose of creating a mate is neither competition nor struggle to get superiority over each other but to obtain comfort and tranquillity which depends upon understanding each other’s problems as well as upon helping each other. The Qur’ān explains:

“It is He Who created you from a single person, and made his mate of like nature, in order that he might dwell with her (in love).” (Qur’ān, 7:189)

Third, a husband and wife in the structural pattern of Islam are raiment for one another. The Qur’ān clearly explains: “They are your garments and ye are their garments. Allah knoweth what ye used to do secretly among yourselves.” (Qur’ān, 2: 187)

As a garment protects one’s body from the outside atmosphere, hides the defects, covers the secrets of the body, increases charm and provides one with grace and elegance so  the husband and wife do to one another.