Those who maintain the view that in Islamic society women are debarred from taking an active part in political, social, economic or cultural activity, and also debarred from holding political and leadership positions, cite a number of Qur’anic verses. They claim that these verses support their view and give women a status that does not fit with such positions and activities. But the question at issue here requires that we look carefully at these verses to determine their meanings and find out the rulings that we may deduce from each one of them. In this way only can we determine how correct is the view that debars women from such positions and activity.
The first of the verses cited in this connection is the one which may be translated as follows: “Women shall, in all fairness, enjoy rights similar to those exercised against them, although men have a step over them. God is almighty, wise.”(2: 228)
This is only a part of a verse that occurs within the context of the theme of divorce, which, in turn, is part of the wider theme discussed in the Surah tackling marital life: its initiation, practical aspects, termination with divorce and then its resumption either with the same divorcing husband or with a new husband.
In this general context we read about the prohibition of marriage with unbelievers in verse 221, the rulings concerning marital relationship during a woman’s menstrual cycle in verse 222 and a reference in the next verse to why sexual intercourse with one’s wife is permissible. The four verses that follow deal with the case of iilaa’, which occurs when a man swears not to touch his wife and not to divorce her, leaving her in a suspended relationship until one of them dies.
Verses 224 and 225 pave the way for a drastic change covering this situation, while verses 226 and 227 outline the new verdict in full clarity. Under this new verdict, Islam gives the man a grace period of four months, after which he must either resume full marital relations with his wife or divorce her.
This is the part that precedes the verse in which the statement of men having a step over women occurs. The verse itself speaks about the waiting period a woman must observe after being divorced. The full text of this verse may be given in English as follows: “Divorced women shall wait, by themselves for three menstrual cycles. It is unlawful for them, if they believe in God and the Last Day, to conceal what God has created in their wombs. During this period, their husbands are entitled to take them back, if they desire reconciliation. Women shall, in all fairness, enjoy rights similar to those exercised against them, although men have a step over them. God is almighty, wise.” (2: 228)
After this verse the Surah continues with the theme of marital relations, speaking first about the number of divorces a couple may have, and the ruling that when divorce occurs for the third time it is irrevocable. The Surah then adds a strong prohibition of ill-treating women, and outlines rulings concerning breast-feeding of young infants and the time when weaning may take place.
It follows that with specifying the waiting period of a widow, and the permissibility of dropping only a hint of marriage to a widow when she is still in her waiting period. It outlines the right of a divorcee for financial compensation and the rightful claim of a woman divorced before the consummation of her marriage to receive half her dowry. All these aspects are discussed in verses 229-237 of the Surah.
It is pertinent to ask: in this general context, what the meaning of the statement, “men have a step over them?” Is it right to deduce from it a verdict prohibiting women from involvement in public affairs or barring their appointment to a political post?
The general view of commentators on the Qur’an is that the “step” in this statement is the same as the rights mentioned in verse 4: 34, which is the second verse people cite in support of this view. We will discuss this verse in next week’s article when we will see that it has nothing to do with public or political activity and government positions.
A careful study of the passage in which this statement occurs makes it highly likely that the step it talks about is the right to reinstate the marital status after the man has terminated it by divorce, or that it means the right to divorce again after the reinstatement of the marriage. This is supported by the fact that the following verse speaks about the number of divorces a couple may have and what is permissible after the second divorce: “Divorce may take place twice, whereupon a woman may either be retained in fairness or released with kindness.” (2: 229) The same verse also prohibits claiming any refund of the dowry a man pays to his wife at the time of marriage, and the permissibility of khula’, which is a termination of the marriage at the wife’s request in return for compensation. Under khula’ a man may not reinstate the marriage at his own individual initiative.
This clearly shows that the step the Qur’anic verse speaks about is a right concerned with the unilateral termination of marriage by divorce, and the unilateral reinstatement of the marriage by the same party that has terminated it. Such unilateral termination and reinstatement does not apply to any contract other than the marriage contract. Imam Ibn Al-Jawzi records this view in his commentary on the Qur’an, attributing it to earlier scholars. Al-Qurtubi, another famous commentator on the Qur’an, also records it attributing it to Al-Mawardi, a Shafie scholar. He also quotes Abdullah ibn Abbas, a leading scholar among the Prophet’s companions, as saying: “The step mentioned here means that men must treat their wives kindly and give them generously, both financially and morally.” He further quotes Ibn Atiyah, a Maliki scholar, who describes Ibn Abbas’ statement as “a highly intelligent comment.” Furthermore, Ibn Atiyah quotes Abd Al-Rahman ibn Zaid ibn Aslam, a scholar of the third Islamic generation, as saying that “the step is the fact that the right of divorce belongs to the man.”
This shows very clearly that the Qur’anic verse does not indicate any prohibition applicable to women’s involvement in public affairs or assuming public position. Nor does it support the view of many commentators who make it applicable to who is in charge in family life.
