COMMENTARY: Women and Islamic Law: It’s a matter of interpretation

c. 1998 Religion News Service (Dr. Laila Al-Marayati is a Los Angeles physician and past president of the Muslim Women’s League.) UNDATED _ For supporters of women’s human rights, it may sometimes seem as though Islam offers nothing but obstacles. While so-called Islamic countries are quick to modernize other areas of civil law _ policies […]

c. 1998 Religion News Service

(Dr. Laila Al-Marayati is a Los Angeles physician and past president of the Muslim Women’s League.)

UNDATED _ For supporters of women’s human rights, it may sometimes seem as though Islam offers nothing but obstacles.


While so-called Islamic countries are quick to modernize other areas of civil law _ policies affecting business and international relations, for example _ fear of alienating or inciting religious extremists keeps them from re-examining laws governing marriage, divorce, inheritance and women’s status.

But a thorough understanding of Islam reveals the problem is not the religion itself, but rather the dominance of rigid interpretations of Islam. Indeed, the faith embodies the potential means to elevate the status of women in all levels of personal and civil life.

One example of the problem occurred recently when the Iranian parliament approved a law calling for the segregation of health services offered to men and women.

The decision is highly problematic. On a practical level alone, it is doubtful there are enough female physicians in Iran to provide adequate health care for women.

But even more worrisome was the approval at the same time of a law prohibiting challenges to these and other rulings by declaring it illegal to discuss”women’s issues or rights outside of the requirements of Shari’a (Islamic law) as interpreted by the ruling clerics.” It is precisely this monopoly on determining the nature of”valid interpretations”of Islamic texts that prevents change and leaves many women and men of the Muslim world in the dismal state they face today.

It is helpful to know it has not always been this way.

In 7th century pre-Islamic Arabia, when the Koran was revealed to the Prophet Muhammad, girls were seen as having little value to families and it was common practice to bury female infants alive.

In recognition of this injustice, one of the earliest verses in the Koran states that on the Day of Judgment”the female [infant], buried alive, is asked for what crime was she killed.” Over the following 23 years, the Koran slowly but decidedly began to erode hierarchical relationships as it became clear that, in God’s eyes, all are equal _ men and women, master and slave, ruler and subject. Everyone’s ultimate merit was based on”taqwa,”or God-consciousness, a virtue judged only by God.”Verily the most honored of you in the sight of God is the most righteous of you,”the Koran says.


Against the grain of the status quo, Islam gave women rights in marriage, divorce, property ownership and inheritance.

Muslim women were recognized as members of the community of believers and were welcomed in the mosque by Muhammad, who appreciated them not only as mothers and caregivers but also as sources of knowledge, as fighters and martyrs, as contributors to the economy.

As Islam spread to distant lands, prevailing culture became entwined with religion and influenced Muslim scholars struggling to apply a faith that permeated both personal and public life.

Numerous scholars and jurists, including a few women, participated in the development of a heterogeneous body of Islamic law addressing a vast range of legal, political and social concerns. During this time, difference of opinion and debate were the norm.

Over the past 500 years or so, this plethora of ideas flowing from the Muslim world has dwindled and today struggles simply to survive. Now, opinions challenging the status quo are rejected and their proponents often labeled as heretics, even when they are renowned scholars.

Some level of discourse remains, but it is usually confined to the often inaccessible elite circles of academia. It is time for change.


Religious leaders in Iran and elsewhere have an immeasurable impact on laws and popular opinion. They must shed any fears of reprisal for being open to alternative viewpoints. They must realize that tolerating different interpretations will not jeopardize the role of Islam in their country. And they must learn that segregating women”for their protection”is unnecessary when women are treated with the respect God enjoins upon all humans.

In looking at the specific topic of health care and Islamic teaching, an important precedent was set at a meeting of the Islamic Organization of Muslim Scientists in Kuwait in 1983. There, Muslim physicians, scholars and scientists agreed that for the purpose of diagnosis, treatment and medical education, the general rules of privacy and modesty would be waived.

Muslim physicians, male and female, are expected to maintain professionalism. It is a reasonable expectation, and safeguards are in place to protect patients. This kind of approach is sensible, and ought to be emulated.

After Iran’s law requiring sex segregation in health care was passed, more than 180 influential Iranian women signed an open letter decrying its mandate. Perhaps in response to protests like this, the ruling clerics will honor the will of the people _ a key, but sometimes forgotten, component of a true Islamic state.

DEA END AL-MARAYATI

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