RELIGION AND THEOLOGY

Women's Marital Rights in Islam

Table of Contents

Introduction3

Background4

Problem Statement5

Literature Review5

International Law9

The Islamic Law or “Sharià”10

Methodology12

Bibliography13

Women's Marital Rights in Islam

Introduction

International interest in Muslim women has increased as their dress, behavior, and social roles are seen as symbols of socio-religious trends against a backdrop of increasingly visible religiosity in Muslim communities in the Middle East, Asia, Africa, Europe, and the Americas. Interpretations of Islamic scriptures regarding women vary significantly and have been enshrined in law to differing degrees. Islam plays a key-yet often polarizing-role, especially as the current sociopolitical climate is such that debates about women's status are increasingly taking place in Islamic terms (Cornell, 2007, p.41). Controversy over increasing religiosity, and its impact on Muslim women, stems from debate in many Muslim communities about whether social, economic, and political institutions should be based on western or Islamic models. Analyzing the spread of disillusionment with Western ideas and practices is crucial to understanding the increasing appeal of Islamic models. By the 1970s, non-Islamic political and economic models had failed to deliver prosperity and freedom to many Muslim communities in the Middle East and Asia, and created instead oppressive governments and widespread poverty. The social changes of the early 20th century-including the spread of nuclear families and companionate marriage, and the expansion of education and middle-class aspirations-were significant around the world, but many later Western changes-for instance, women's sexual liberation-were not widely accepted in many non-Western Muslim communities. Finally, foreign intervention in the Middle East, Africa, and Asia did not cease with the founding of independent governments, but continues in ways that frustrate many from Western support for corrupt and oppressive regimes to perceived occupation in Israel, Iraq, and Afghanistan. Increasing scrutiny of Muslims living in North America and Europe serves to further heighten tensions (Abdul-Ghafur, 2005, p.114).

Background

On one side, Islam is a religion that supports women and their rights, and many have debated that Prophet Mohammad was a feminist. The policy he outlined as the revealed word of God significantly improved the standing and position of women in 17th century Arabia (Thurlkill, 2007, p.137). At the time when in local pagan society it was the tradition to bury alive not needed newborn girls and women had been treated as their husbands' possession, Islam proscribed these practices. Islamic law made the education of girls a sacred duty and gave women the right to own and inherit property. Muhammad even decreed that sexual satisfaction was a woman's entitlement. He was a liberal at home as well as in the pulpit. Prophet Muhammad darned his own garments, and due to the Hadith or his sayings, actions, and tacit approval it became religious duty for every Muslim, male or female, to honor women and treat sons and daughters justly and for males to provide support, not obstacles, for women and their achievements (Raouda, 2008, p.126). However, conservative, revivalist interpretations of Islam do not generally grant women and men full equality, but instead assign each rights and responsibilities. Women are often under guardianship of a man ...