The studies and researches of sharia laws as well as regards Women’s Rights is a crucial area of knowledge and understanding of rights and laws. therefore, I will be historical in my writings.
Women’s rights are the rights and entitlement claimed for women and girls worldwide. They went further to form a bias for the women’s rights movement in the 19th century. In some countries, these rights are institutionalized or supported by law, local custom, and behavior, whereas, in others, they are ignored and suppressed. They differ from broader notions of human rights through claims of an inherent historical and traditional bias against the exercise of rights by women and girls, in favor of men and boys.
Quoting from Wikipedia, issues commonly associated with notions of women’s rights include the right to boldly integrity and autonomy, to be free from sexual violence, to vote, to hold public offices, to enter into legal contracts, to have equal rights in family law, to work, to fair wages or equal pay, to have reproductive rights, to own property, and to education, as the case maybe.
The legal rights of women refer to the social and human rights of women. One of the first women’s rights declarations was the Declaration of Sentiments. The independent position of women in early law is proved by the evidence of most ancient systems.
In the early middle ages, an early effort to improve the status of women occurred during the early reforms under Islam, when women were given greater rights in marriage, divorce. The Oxford Dictionary of Islam states that the general improvement of the status of Arab women included a prohibition of female infanticide and recognizing women’s full personhood. The dowry, previously regarded as a bride price paid to the father, became a nuptial gift retained by the wife as part of her personal property. Under Islamic law, marriage was no longer viewed as a status but rather a contract, a contract in which the women were imperative.
The Annemarie Schimmel States that “compared to the pre-Islamic position of women, Islamic legislation meant enormous progress. The woman has the right, at least according to the letter of the law, to administer the wealth she has brought into the family or has earned by her own work. Whereas, The English Common Law transferred property held by a wife at the time of a marriage to her husband, which contrasted with the Sura: “unto men (of the family) belongs a share of that which Parents and near kindred leave, whether it be a little or much, a determination share” (Qur’an 4:7), albeit maintaining that husbands were solely responsible for the maintenance and leadership of his wife and family.
This writing seeks to address whether or not there could be a common ground between applying Islamic Sharia law and gender equality through an examination of the textual Sharia rulings regarding polygamy and divorce. As widely read, in my studies, many have argued that the deterioration of women’s rights in many Islamic countries has nothing to do with their Islamic nature, but rather with their patriarchal nature. Islam introduced a number of revolutionary rights to women at the time of revelation; therefore, the spirit of the Quran points towards ultimate equality between the sexes in a gradual process, similar to the case of slavery. As the Quran puts great emphasis on the right to seek justice and defend public welfare, all means to achieve justice and public welfare are Islamic in Nature.
The dynamic nature of Islamic teachings, the evolving character of Sharia, the spirit of Islam towards women’s rights, the principles of justice and public welfare, and the essentiality of Feminist Ijtihad leave no room for doubt that common ground could be found between Islamic law and gender equality.
Sharia law and Women’s rights have their fundamental laws guiding all rights. Increased representation of women within the Police and the judicial system as well as mainstreaming gender within the judiciary can also improve their responsive rights to gender issues and make it easier for women to seek assistance or report their issues.
