Islamic Marital Rights

Throughout the history of Middle Eastern civilization, women have been oppressed by males and continue to be in this day and age. Women of the Middle East do not enjoy the same basic rights which many Western women take for granted. For example Middle Eastern women have little say in personal decisions such as marriage and divorce. In the Middle East women are treated as inferior to their male counterpart: this is something which feminists worldwide feel needs to be changed.

"During the twentieth century, the Arab Islamic Family and its concomitants - rigid sex roles, women's legal status as minors, the prerogatives of fathers and husbands, high fertility - have been challenged by socioeconomic developments and political action" (Moghadam: 111). "In some cases, state legal policies have worked to undermine the patriarchal, Arab-Islamic family, while in other cases policies foster and perpetuate family structure and authority of male members in a more modernized form of patriarchy" (Moghadam: 111). Although the application of Muslim family law varies throughout the Middle East, over all women are still seen as subordinate to men, which is clearly illustrated through the marriage and divorce rights of these women.

Marriage in Islam is said to have the consent of both parties, yet the female's chosen partner must meet the approval of her father or guardian. In order to, as they say, "safeguard her welfare and interests" (Ali). Ultimately meaning that the female really has little choice in who she marries; the final decision lies with the father.

Once married the woman/wife must fulfill certain obligations to her husband which under Islamic law are his rights:

-She must be faithful, trustworthy, and honest.

-She must not deceive her husband by deliberately avoiding contraception.

-She must not allow any other person to have access to that which is exclusively the husband's right, i.e. sexual intimacy.

-She must not receive or entertain strange males in the house without his knowledge and consent.

-She should not be alone with a strange male.

-She should not accept gifts from other men with out his approval (Ali).

These above rights of the husband show exactly how inferior women are to men. Once a woman is married, her husband basically owns her. Once a wife a woman has no freedom, her every move must be approved by her husband. The husband, on the other hand is free to do as he pleases. At no place in the husband's list of obligations to his wife does it state that he must not talk to other women, be faithful, ect. (Marriage Rights in Islam) Essentially the woman must sign her life over to her husband when she is married.

Two additional obligations of the wife to the husband are:

-A wife should make herself sexually attractive to her husband and must be responsive to his advances.

-The wife must not refuse her husband sexually (Ali).

These rights of the husband allow him to rape his wife legally, for she must satisfy him at all times. "A wife must run to her husband if he calls her, even if she is occupied at the oven" (Ali). Such rights as the above strip the woman of her control over her body. Through marriage her body becomes his, and she must obey his every command. For "the man has been given the right to be obeyed" (Ali).

As a result of these unequal martial rights it is very hard for a woman to get a divorce, for she is the property of her husband, there for him to do as he pleases with her. "A wife may request a divorce with a judge if there is 'harm' done to her by her husband, ('harm' meaning unlawful neglect, beating, abuse) but the burden of proof lies with the woman" (Tucker: 9). Due to the marriage rights of the husband, there is little which is considered unlawful making it very hard for women to get out of uncomfortable marriages.

Granted "gender asymmetry and the status of women in the Muslim world cannot be solely attributed to the Islam because adherence to Islamic precepts and the application of Islamic legal codes differ throughout the Muslim world"(Moghadam: 6), but the religious rights do restrict the woman and control her in certain ways which degrade her. "Religion was revealed for the benefit of its people; if one of its provisions begins to harm rather than benefits the community...the application of that provision has to be changed according to the changed needs of the group" (Tucker: 9).

Granted change will not occur unless it is wanted from within. If the women in the Middle East want to chang their status they must do it, for outsiders could never sucessfully change anything that these women did not want changed. In order to change their status in society women must join together and establish a set of goals, outlining how far they want to go and how much they wish to gain. Education of women throughout the Middle East would be needed not only to unite them all in a common goal, but to also educate them about the right that they could have. "Education is the magic process that will transform the women from the pets, servents, and the possessions they are...into full human beings" (Tucker: 11). If the women of the Middle East want to change their rights they must take the initiative, but once they take that first step there are bound to be people to help them on their way to equality.

Glossary