Islamic Conceptions Associated with Women and its application in Muslim Countries Rakan Alharbi Lecturer at King Fahd University of Petroleum and Minerals SJD Candidate at Indiana University-Robert H. McKinney School of Law Spring 2017  

Outline Islam v Application of Islam Women in the structure of family and society The traditional and modern interpretation for the concept of Alquamah The concept of equality Common misconceptions about Islamic consideration toward women

Islam and Application of Islam in respect to Women Status Hanbli Hanfi Islam (Shari’a) ( Quran – Sunna) Use of Ijtihad Figh Jurisprudence (human being) Malki Shafi Shai

The Application of Islam Today Islam (Shari’a) ( Quran – Sunna) Indonesia Saudi Arabia Pakistan Iran Morocco Egypt Divine Law Human Being

Religion v Religiosity

Islamic Consideration of Women in Family and Society Several stages The lack of understanding Women seen as a symbol of religious value Family as a cooperative association No Explanation for the extent of responsibilities of housework

The Concept of Alquamah obligation imposed upon males requiring them to protect and care for females. Two verses “Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means.” “Women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them.”

Traditional Interpretations The man is responsible for woman, he is her maintainer, caretaker and leader who disciplines her if she deviates because men excel over women and are better than them for certain tasks. Because also they [Men] spend for women the dowry, expenditures and various expenses that Allah ordained in His Book and The Sunnah of His Messenger for men to spend on women. For these reasons, it is suitable that he is appointed her maintainer.

Another Interpretation Men are advisor / providers of guidance to women [because in circumstances where/ in that which] God made some of them different from some others and [because / in circumstances where/ in that which ] they spend of their own Money

The Concept of Equality Women as being partner of men. Differences with balance. Equality is based on fairness.

The Differences Inheritance Polygamy Divorce Testimony

Islamic Conceptions Regarding Women Status Making judgment from the first glance The importance of context. Example: “ Such people as ruled by a lady will never be successful ”

Islamic Conceptions Regarding Women Status Blocking of means to commit sin Preventing corruption takes a priority over bringing benefit Example: Education right of women to study abroad

Conclusion The significant of distinguish between divine law and human being act The equality does not mean sameness The concept of qauamah is limited. The diversity of interpretation shows the flixbility Judge Muslims not Islam.

For Further Reading and Discussion Mohammad H. Kamali, Fundamental Rights of The Individual: An Analysis of Haqq (Right) in Islamic law, 10:3 Am. J. of Islamic Soc. Sci. 340 (1993) Azizah Al-Hibri, Islam, Law and Custom: Redefining Muslim Women’s Rights, 12 Am. Univ. Int. Law Rev. 1 (1997) Ann Morris, Western Misperceptions of Saudi Women, in Women In Saudi Arabia Cross – Cultural Views 93 (1st ed., 2008) Azizah Al-Hibri, Redefining Muslim Women's Roles in the Next Century, in Democracy and the Rule of Law 90 (Norman Dorsen & Prosser Gifford eds., 2001)