- 27 May 2010
Iqbal’s view of an ideal Muslim woman - 30 May 2010
Iqbal on women - 09 Jun 2010
Persecuted woman - 18 Jun 2010
Iqbal and women — a deeper view - 21 Jun 2010
Beating an old woman
The writer is a director at the South Asia Free Media Association, Lahore ([email protected])
Women are socially disadvantaged in South Asia. If there is poverty or terrorism, the brunt of it is borne by women. If the woman happens to be a Muslim, she gets half the right to inheritance. (Hindu women were given full inheritance rights in 1954). Jinnah was deluded into thinking Sharia as superior when he saw that Hindu women could not inherit. He also had no idea that a woman would be half a witness when Pakistan is Islamised. He campaigned against child-marriage but had no idea that religious opinion would find it difficult to rule it illegal after Islamisation.
Rashida Mohammad Hussain Patel, of Gujarati extraction and a lawyer like Jinnah, was the most consistent campaigner for the rights of women in Pakistan till she died in 2009. Anywhere else she would have been made much of, but in Pakistan she struggled through tough Islamisation without getting noticed. Her book “Gender Equality and Women’s Empowerment in Pakistan” (OUP 2010), talks of the delicate matter of maintenance by the husband of the wife he divorces.
She holds that it is “a serious misconception that a divorced wife is not entitled to maintenance”. The Holy Quran clearly says: “For divorced women, maintenance (should be provided) on a reasonable scale. This is a duty on the righteous” – 2:241 (p135). But this is not taken to mean that the husband should maintain her till she finds support elsewhere. A divorced woman has no right to maintenance from her ex-husband under current Pakistani laws.
In the famous Shah Bano case of 1986 decided by the Supreme Court of India, the Court held that the Quranic verses imposed an obligation on the Muslim husband to provide maintenance to his divorced wife. The Muslims of India, unfortunately, rejected the verdict. They staged a countrywide agitation and forced the liberal Congress government into enacting a law which made the Supreme Court ruling redundant (p136).
Lok Sabha passed the Muslim Women (Protection of Rights on Divorce) Act 1986, and accepted the male-inflicted interpretation of the Quranic edict: a divorced woman unable to maintain herself is required to be maintained by her potential heirs on her death, namely her children, parents, and other relatives and, failing them, by the state “waqfs”. The former husband was absolved of all responsibility of maintaining his ex-wife beyond the “iddat” period (p136).
Some progressive scholars in Pakistan hailed the Indian Supreme Court and wanted Pakistan to follow its lead, but it was General Zia’s Pakistan and the Indian government had retreated from the verdict earlier anyway. Bangladesh too succumbed in 1995 after the Dhaka High Court division bench “suo motu” considered the legal query whether the divorced wife could claim maintenance beyond the “iddat” period. The Court, relying on the Quranic verse 2:241, held that “a person divorcing his wife is bound to maintain her for an indefinite period, that is to so say, till she loses the status of a divorcee by marrying another person” (p136).
Needless to say, the Appellate Division of the Supreme Court of Bangladesh overruled this decision in Hefzur Rahman vs Shamsun Nahar Begum. The Court held that the word “matta” as used in the Quranic verse 2:241 was never understood as regular maintenance. It was deemed a “parting gift” to a divorced woman as a gesture of comfort for the trauma she suffers from divorce. Of course, a gift falls under the category of a voluntary act and has never been judicially enforced.
Rashida Patel writes: “With due respect to the learned judges it is unfortunate that the male psyche is not inclined to uphold an interpretation of the Quran that takes into account the needs of women. The Quran supports the maintenance of the wife even after she has been divorced. The benefits which can accrue to women are lost due to narrow, male interpretations by courts and legislators” (p137).
More in Opinion
How are they different from us?
Women in pakistan don’t stand up for their own rights & so continue to suffer.The girls doing their MBA’S from expensive universities like IBA,CBM,SZABIST OR LUMS prefer to sit at home after marriage & not get a job.The question is whether one needs an MBA to learn how to change diapers.Our women have a mentality of landing a rich guy & then living off his income for the rest of their lives & consequently being totally dependent on him as well.
What girls don’t realise is that they cut off their options and become trapped in marriage if their husband doesn’t turn out to be prince charming.The husbands know that housewives will go nowhere,as since they never pursued their careers,they have no financial independence nor practical knowledge of how the world works.It is time that instead of playing the victim,women change their mentality and better their own lives,instead of waiting for the knight in shining armour to better their lot.Recommend
Well said, I completely agree.Recommend
the women in pakistan are at the bottom of the totem pole … in many ways their status today is worse than the proverbial chattel of the daur e jahiliyaRecommend
Well I think most husbands like their wives to be housewives because they can give their husbands and children more attention in remaining so. If a woman starts a job, it is obvious that she won’t be able to give as much attention to her husband and children than if she had remained a housewife. I think a housewife makes a happy family and can live a more happy life than a working woman. The complain that most husbands have from their working wives is not being able to give required attention which sometimes leads to altercations and can result in anything.
And yes if Quran has asked to maintain a woman after divorce then she should be and if any injustice is done in this case with women, then this issue should be taken up and woman should be given this right by the courts. Recommend
@ Muhammad Aslam
Well I completly Disagree with you in this regard. girls getting these degrees MBA, ACCA, MBBS etc gives them confidence that they can take care of themselves too.
Devouting ones self to house care is a very noble gesture. There have been many voices in west too who consider the job of house wife in high regard. Earning money is not that much noble, managing family is more noble and harder. The thing that is wring with us is that we regard this as a second grade work, thus lowering the self esteem of the Women in the society.
This was the mens fault
And the Womens Fault is that, even after geting grad and post grad degrees, 95% of these women neither work nor do household hold work. They have maids to do each and every thing for them, while they lol around shopping and complaining. So technically you cant call them housewives, they are just wives.
@ the Article
Although you have identified the problem but your solution is well atleast not acceptable to me. You my friend are part of leftist extremist section of the society, that was formed by our “beloved” formen president Musharraf sahab, who completley outrightly reject religion.
You have directly critised Islam, just because the mullahs of our society have derived only partial rulings from Shariah, which greatly distorts the ballance of rights. On the one hand (start of article) you say that Islamisation of Pakistan is source of all problems and infer that secularisation is an answer. on the other hand (middle of article) you derive solution using Quranic verses.
Make up your mind!Recommend
the future of a nation lies with its women – an educated woman will bring forward an educated and confident child – an uneducated woman will simply have her children enslaved by the village mullahRecommend
Our women have a mentality of landing a rich guy & then living off his income for the rest of their lives & consequently being totally dependent on him as well.
Biggest generalisation ever. Women all over the wold have similar mentality and there is nothing bad about it . And its not just about women, so many men prefer to marry in rich families for the lust of money so please grow up and stop blaming the mysogynistic tendencies of a chauvinist society on women themselves.
t is time that instead of playing the victim,women change their mentality and better their own lives,instead of waiting for the knight in shining armour to better their lot.
well for this ignorant statement , I have only three words for you,
Stop Stereotyping Women.Recommend
@ aslam,you are right on.Atleast you have the courage to say the truth,no matter how uncomfortable or politically incorrect.
@ Sumbal
“Women all over the wold have similar mentality and there is nothing bad about it ”
Pointing the finger at the rest of the world doesn’t absolve one of one’s own faults.
“well for this ignorant statement , I have only three words for you,
Stop Stereotyping Women.”
he’s talking about over 99% of our female population.If you prefer to live in your bubble & pretend our females’s don’t have such a mindset,good luck in your delusions.Recommend
@ aslam,agree completely.you’ve not mentioned our MBBS females,who complete a difficult degree only to waste it by sitting at home.ladies,you don’t need an MBBS degree to know how to cook lunch.I’ve met so many of these girls who instead of becoming doctors after MBBS,become housewives.It would be better if they didn’t take admissions & let some other girl enter who wouldn’t waste her education and maybe she would find the cure for cancer.passing your MBBS doesn’t make you a doctor,practicing medicine makes you a doctor,otherwise you’re just an MBBS graduate.Recommend
Why do we generalize women :s ?
I mean not everyone is the same..I have come across many who have done their qualifications and are doing well jobs.
We seriously need a mentality change !Recommend
A very well argued article – as always by Khalid Sahib. Using Amartya Sen’s language, flourishing of women agency for a healthy social development is not on the agenda of our legal, economic, and political systems. There are a few voices which keep on raising ‘voice’ like Asma Jillani and others but such voices have not been incorporated in the mainstream public policy. Worst is the case that our education system (which includes the whole environment of education establishment) does not build a serious thought which can challenge orthodoxies. For example, there is an intrinsic value of ‘education’ apart from its private and social returns on investing in female education. Here some people have argued that perhaps ‘human capital’ is the end of investment. I would argue that an educated women sitting in a home (thought I argue for freedoms for women agency) would be better equipped to raise new generation. Human development perspective is something which needs to be included in our policy and planning. Recommend
Have any of you considered the fact that a girl may grow up in a family where her parents encourage her to study, even let her work once she graduates, but unfortunately, they marry her off to a family which claims they’ll let her work, but gradually pressure her into becoming a housewife?
@Jaad Syed I’d dearly like to meet the women that “lol around[sic]‘ instead of working.I know scores of women that pretty much hate their life because of being forced to stay at home and be nothing more than a slave to their mother-in-law’s whim.
All the comments by men here just display the basic problem; our men are misogynistic and don’t properly understand the plight of women. Its extremely easy to blame women for letting their degree go to waste, but think of how awful it is for these girls to work so hard to be able to make something for themselves only to be told that they’re nothing but a food and baby making machine.
A lot of educated women get lucky and work even after marriage, and a lot of women get stuck into the role of a housewife. At least if the worst should happen, they’re educated enough to be able to support themselves.As Hunain said, lets not make generalizations, that’s no solution.Recommend
What our policy and planning needs is to stop treating women as some sort of separate (sub-human) entity and give them the same rights as men. The state’s responsibility is to ensure justice and equal rights. What people choose to do after that is their business.Recommend
I find this fact amazingly surprising that who-so-ever in Pakistan affliates himself/herself with any human right activism they deem it their first responsibility to prove that Islam as a religion is inappropriate for masses all over the world. This generalization of belief that they wish to throw at us must be cross checked several times before posting on a public blog which demands responsibility. Now about the writer’s statement:
> **If the woman happens to be a Muslim, she gets half the right to inheritance. (Hindu women were given full inheritance rights in 1954). Jinnah was deluded into thinking Sharia as superior when he saw that Hindu women could not inherit.**
With out proper investigation such statements are a menace for an intelligent mind. People are often reminded about the half inheritence of a woman heir in Islam but they are never reminded that a woman earns inheritence from many grounds with out having to spend on any muslim male in any respect or relation. She gets inheritence as a daughter, sister, wife, mother, etc but she is never entitled to spend on anyone out of her earned wealth. Her WEALTH is at HER DISPOSAL. On the other hand its is the responsibilty of the male (brother, father, anyone.) to provide for the women in the family. Where do u expect the money to come from? What u think that the man saves is actually what he is forced by Islam to spend on women and children. At the same time he has no right over the property and wealth of a woman.
Please answer one simple question if I tell u that i will give u inheritence and u would be totally looked after without any need to spend from ur wealth would you prefer the condition or will u prefer the risk of having double the share and having to spend endlessly for a lifetime to bear the expenses of many individuals? what abt the risk of losing all money in business and caretaking? while on the other hand u can enjoy protection from all these failings by merely half the share and life long caretaking borne by someone for u? Its INSANE if u still think women are at a loss!Recommend
Most of the comments by men clearly describes what men really think of women, here’s another generalization that i’ll make based on those comments
The definition of a housewife is nothing more than a servant at home with the additional responsibility of bearing children and taking care of them. It suits the man, because it absolves him of all the responsibility at home, obviously the guys family (mother, sisters) would be happy as they have someone to cook and clean for them etc. Its a win win situation for everyone as everyone is happy except the woman who is reduced to nothing more than being a slave.
Most women are forced to become a housewife. If a woman stays at home by her won free will then that is something admirable, but sadly women are forced into leaving their jobs. An economically independent woman is a threat to our pakistani men. An economically independent woman who is capable of saying no to her husband and her husband’s family is the biggest nightmare for this society.
A new trend has recently immerged due to the stark economic realities of our country. Men and his extended family are now forcing woman to work, so now most women have to work and are still responsible for the household cleaning, cooking and child rearing.
And mullah hypocricy is at its best when they say that islam wants women to stay at home. They distort islamic history, Hazrat Khadija was a trader, while Hazrat Aisha lead an army into war. Islam gives absolutely no justification to this twisted logic.
Thank god, i’m a man and not a woman in Pakistan. Recommend
@ Ghausia
“but think of how awful it is for these girls to work so hard to be able to make something for themselves only to be told that they’re nothing but a food and baby making machine.”
Why don’t such women show courage & determination & leave the oppressor who is forcing their potential go to waste?? If such women are so fed up with sitting & wasting their lives at home,why don’t they have the guts to leave their misogynistic husbands.No,our women prefer to stay,get beaten up verbally & physically,but never leave because its much easier to live off the income of someone else,no matter if he degrades,demeans & castigates them for 4,5 decades of their marriage.In the western world,wives leave their husbands who cheat around,beat them up because those women value their selfesteem & selfrespect more than settling for living off the crumbs of their abusers.Recommend
It looks that the article is written with utmost care and looking from the spectrum of our depressed society. I am in a view that the youth has emerged as a strong force against the harms and they will bring change vigorously.
Wherever the education is improving, the woman in Pakistan is flourishing well. If you are talking about the villages then the matter is different as the awareness level is not up to the mark. The media is supporting such news which can gradually alter the mind of the people.
The only short fall or the problem is that we are not reading the verses of Quran with its real meaning. We feel privileged in reciting the Quran in Arabic just to get the sawab without gaining the knowledge and learning from the meaning.
I just request to my people that do not indulge yourself in controversies without knowing the in depth knowledge of the Islam.Recommend
It is so very sad that a RELIGION can state that a woman divorced against her will can have only limited maintenance..exactly how fair is that??..I would have thought Sharia should protect all, not just propagate and flaunt the ‘superiority’ of men..excuse me, but if our religion denies a woman a certain human right, then it is the duty of a political system to protect her from this discrimination in this day and age..Recommend
Although the after-effects of terrorism are wide-spread but the effect on woman who form an already marginalized gender in Pakistan are even devastating. Only if Islamic fascism decreased in this country and women could support themselves economically and socially without being associated with a man, thing would have been much better.Recommend
@muhammad aslam,
And why do we forget the fact that 90% of the men looking for a bride look for an educated girl having completed her MBA or MBBS but still want her to stay at home and become a house wife later?
And due to this typical thinking of majority of men in our society, girls cant escape it, so they rather accept it.
**> “Our women have a mentality of landing
I simply don’t get the reason behind such illogical generalization. On the contrary, girls who are more educated are far more realistic. Getting married to a rich guy has much lower priority then getting married to a person who can give respect to her and her profession if you are speaking about IBA,CBM,SZABIST OR LUMS graduated.
What you wrote can be applicable to lesser educated class, but high qualified girl have full confidence in themselves and generalizing them with others is simply injustice! Recommend
@ ahmed,a sane comment
I m doing my BBA from a supposedly posh university in karachi,but am astounded to hear guys from rich,supposedly liberal backgrounds,with o & A level education say proudly & openly that yes i would date the girls here,but no,marriage is out of the question with them,because i want a girl who doesn’t wear jeans,doesn’t talk back in an argument,doesn’t have her number on the mobiles of her male classfellows.All this is said while wearing the latest designer clothes in a fake american or british accent.There is no realization of the hypocrisy present in our elite class.They may cheer on man utd but won’t allow their wives to work after marriage,their precious egos bruised if their wives even so much as talk to anyone but her domineering hubby.Over 95% of our guys have the same mentality the cave men had,it’s just that instead of a loincloth now they’re wearing Armani.Recommend
Keeping the religion aside, why a husband has to pay his former wife a maintenance stipend?
Can a husband ask maintenance from his former wife if she is rich or is from rich family?
Even take the gender out of it.Why someone has to give monthly stipend to his/her former spouse?
If his/her spouse was housewife/househusband, then I understand that he/she should get share of former spouse property, but why after that they depend upon each other.
I can understand if a person has to bare with expenses of taking care of their children. But if there are no children, these people have decided to live without each other why should they expect other to take care of them.
What if former spouse B was responsible for making A’s life miserable and hence divorce, why we should expect A to pay B for the period of time B does not find a mate.
Our inherent biases regarding gender and gender roles should not decide what should be law. Recommend
I agree with the writer.
Muslim men have increasingly beocme a joke in the West becuase of their misogynist tendencies. There is need for reformation from within and that reformation can come only if Muslim men and scholars acknowledge the problem of misogynism that continues to haunt many even in the 21st century.Recommend
@aroob
Its kind of naive to think that the solution would come from muslim scholars when they themselves are the source of the problem, every problem that is. The real solution would come when we just start ignoring these muslim scholars all together. Unfortunately that wouldn’t happen anytime soon, as Saudi Arabia is outsourcing its wahhabism to Pakistan which now by some estimate is an 86 billion dollar worldwide industry, that covers all the expenses of madressas all over the world, keeps the mullahs pockets full, and covers all the airline and hoteling expenses for all the tablighis travelling all over the world for vacations (and preaching). Can’t really see any silver lining right now. Wait for the oil to run out and then maybe we can start work on the reformation.Recommend
@Humna
That is very well described and written. But here’s my question, If a woman is economically dependent on her father, brothers and husbands then how would she ever be able to speak up against any atrocity done by them. If her husband tortures her and she tries to go to a court to file an FIR against her husband, then her husband could simply severe her monthly pocket money and she would have to beg on the streets. Fathers and brothers frequently kill women in the name of honour. I have yet to see men taking care of women in Pakistan. If i see any evidence of something like that happening then i would agree that you should make women economically dependent. Otherwise, economic dependence would only result in absolute dependence and abuse of women. Did you read the story that domestic abuse of women in Pakistan has risen by 13%? Or is it just another one of those favourite yehudi conspiracy theory.
And here’s something that you absolutely get wrong. No one is forcing women to work, or forcing them to be economically independent. What we are suggesting is that there should be a choice. If a woman is happy with the economic dependence you suggest then let her be, and if a woman wants something different like complete independence then that should be given to her as well.
As far as Islamic injunctions are concerned then you should be clear about which Islam you are talking about (shia, sunni, wahhabi, berelvi, deobandi, ahmedi, ismaili etc). Each has a different take on many subjects due to differring sources, which is a matter of conflict. Hence I would suggest taking a secular approach towards finding solutions.
@questioner
Seriously, why should we be responsible if the woman in question is rich and has no kids? Recommend
@Everyone writing for women’s plight, for God Sake it ain’t now….
@Every Women…what exactly you people want? Closing your eyes will not get you what you actually want to achieve. Face the world and its hardcore bitter facts with open eyes and rational mind.Recommend
Excellent analysis Ms. Hamna. I being Chartered Accountant is impressed with your argumentRecommend
@Ahmed Naeem
What are you implying? Is there something different about chartered accountants, is it hard to impress them?Recommend
@faraz baig Dude, which country do you live in? Turn yourself in to a woman, marry a misogynistic man, then get divorced and see how well you fare in life. This. Is. PAKISTAN. You’re talking like a typical man, refusing to understand the situation for women here because you ARE a man. In a male dominated society, it is easy for men to stand up to injustices committed against them, but the same can’t be said for women.Recommend
@ahmed
Why should be anyone be responsible for anyone, two people got married and then got divorced (due to any reason), why responsibility be decided on the basis of gender? I agree at the time of divorce all the material properties should be shared but why No-Time-Bound responsibility be put on the other person?
Laws based on biases lead to exploitations. Most of the arguments on this page hold one gender responsible for all the problems and designate other gender as victim.
By these we are not answering one basic question, why we want divorced woman be dependent on Man? Instead we should invest more to offer opportunities for the woman’s independence, regardless of if she is single, married or divorced.Recommend
Yet another article creating smoke in public minds. The Leftist extremist group showing intolerance, not only this causes a hate for islam but raising no issues like “WOMEN RIGHTS” we are again starving away from the real issues.. For me it was waste of time reading this all. If our religion says that woman has quarter of inheritance then i go with it.. whatever logic or whatever means. Recommend
@abbas
leftist extremist? hmmm lets see how many people have so far been killed by leftist extremist…….ZERO!!!….compare this to the number of mosques/markets/schools blown up by people of “our” religion…..COUNTLESS!!!
By “our” religion, which religion are you exactly implying, shia or sunni? (wahhabi, berelvi, deobandi, shia, ismaili, ahmadiya etc)Recommend
@abbas
An issue that affects 50% of our population is not an issue for you?Recommend
@ abbas, typical example of the cause of the predicament we find ourselves in.
We accept things without any rational thought or logic as you have said & so if anyone says blow yourself up & you’ll get 72 virgins,those guys without thiking,do just that.Recommend
@ Ghausia, instead of blaming men,stop making excuses for women not to leave their abusive husbands.In the real world there is ‘ no gain if no pain’.Unknowinglyl, you have given away the reason in ur last comment itself,that get divorce & see how society treats you.Ghausia if you keep obsessing about society’s reaction to a divorce than you have no right to complain because you are saying to the men who slap or beat up their wives that yes Mr.bully you can go on hitting me because i am so scared of what my cousins,aunts,neighbours will think that i am willing to be abused by you,but never leave you.Stop blaming society & playing the victim & sticking with an abusive husband.If women don’t start to stand up for themselves( & endure hardships) they wil never succeed in life.Recommend
As a gender trainer and media professional for me just the fact that women’s issues are now being openly debated and discussed is a huge step forward in the right direction.There will be as many opinions as there are people who express them and that is important.To debate.To discuss.To argue.And then to find your own solutions and what makes sense for you is what matters ultimately.Recommend
when a girl wants to get out there and make an identity for herself she is looked down upon, harassed and told off and when she sits and eats off her husband’s earnings she is useless and has no sense of financial direction – Education you say? It is the society which shapes up scenarios and I am sorry to say that being part of it, I fight every day to make a mark of my own and Alhamdullilah so far being single and working has done me more good than anything else could possibly!
Wake up Pakistan – Face it, you are being dictated by society and not really anything else!Recommend
@farazbaig See, the problem is that our female population is mostly from conservative backgrounds. There’s women like me, liberal, open minded females that don’t take any crap from anyone, that won’t hesitate to punch her husband if he slaps her and divorce him if he mistreats her continuously no matter what society says. But then, there is the vast majority of our female population, uneducated, conservative women that simply have no choice.
Did you bother seeing the interview of the acid victim whose husband threw acid in her face a few weeks back? I did, and her interview was extremely revealing about how women suffer in society. She said that her husband would continuously beat her and even her children told her to leave him, but due to family pressure, she couldn’t, she even left him once when he divorced her but he made up some excuse about the three times thing not being valid for some bogus religious reason and forced her to come back.
You’re just stubbornly to this one point of yours that women have to stand up for themselves and you know what, they actually are, but the majority that doesn’t, not only do they not know that they have every right to, but that its actually possible to live without a husband. Here I’d like to raise an important point; education. Everyone here is complaining about how girls with degrees stay at home, are you aware that only 2-4% of our entire population attains higher education out of which majority are boys? And in Balochistan, 96% of females are illiterate. When you’re not allowed to even gain basic education, how can you possibly be broadminded enough to think that abuse is wrong instead of passing it off as “miaan biwi k bech mein hota he rehta hai”. And this doesn’t just happen with the less educated lower classes, but with the educated upper classes as well.Recommend
Woah … The writer says that inheritance rules in Islam are biased … GET A LIFE DUDE … Research then come back … You don’t need to go far … someone in the comments already answered that … and the irony is that the commenter is a women.
@All Commenters: Being a house wife is held in high regard if it is chosen by choice. I live in a good area in Karachi, and all my extended family including mine are well-to-do. While our women including my mother are well educated, and they have chosen a life to live lavishly of their spouse’s earning – because Islam gave them this beautiful right and no other religion or law does that – they stay at home and look after us (kids) – (my mother is educated and went to college that is why she knows how to deal with modern teenagers and whats going around the world) – they go shopping, hang out and live happily ever after.
Meanwhile the guys – my father, my self – take the pride in earning the bread and focus on the earning because we are rest assured that the home is taken cared by someone who is actually good at it.
Tell me what the hell is wrong about it.Recommend
The author of the article started with half rights regarding property for women and child marriage but has failed to provid any Hadith or Quranic verse to support his argument that it should be changed. It has nothing For the divorcd wife, if it is written in Quran, than ex-husband should take care of her. There is no second thoughts to it!
ISLAMIC RULINGS CANNOT BE ALTERED UPON ONES WISHES, if there is something in sharia we need to follow it period. Recommend