1. 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  

2. 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

3. 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

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

5. Religion v Religiosity

6. 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

7. 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.”

8. 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.

9. 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

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

11. The Differences
Inheritance
Polygamy
Divorce
Testimony

12. 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 ”

13. 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

14. 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.

15. 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)