Since the beginning of human history, God has ordained that life on Earth would begin through the creation of two human beings: Adam and Eve. This sacred account appears, with variations, in the Abrahamic scriptures of Judaism, Christianity, and Islam. It highlights the significance of Adam and Eve and explains that they were created to complement one another.
Regarding the status of women in the pre-Islamic era, women were generally divided into two principal social classes: upper-class women and lower-class women. Upper-class women were often treated generously because they represented prominent families, ethnic groups, or tribes, whereas lower-class women were frequently treated as commoners or slaves. Even matters relating to dowry differed according to social class. An upper-class woman might receive a dowry worth several caravans or a large number of valuable and rare camels, such as Asayel camels (Mohamed, 2008). By contrast, women from lower social classes were not always granted the right to choose their husbands or even to express an opinion regarding their marriages (Ahmed, 1992).
With the revelation of Islam to the final Prophet, Muhammad (peace be upon him), the status of women underwent a fundamental transformation. Islam established a set of religious and legal rights intended to preserve women’s dignity, consent, property, and social position. However, in contemporary societies, some Islamic regulations that honour and protect women are neglected or incorrectly applied.
For example, some women are denied the right to choose their spouses, even though their consent is required in Islamic marriage. In certain communities, engagement, or khitbah, is incorrectly treated as a binding social contract that gives a man authority over his fiancée without her full consent. In Islamic jurisprudence, however, an engagement is merely a promise of marriage and does not create the legal rights and obligations of a marriage contract.
Women are also not legally required in Islamic jurisprudence to assume responsibility for household expenditure, as financial maintenance is principally the husband’s duty. Nevertheless, many women contribute to paying bills, supporting the household, and earning income. Such participation may be voluntary and beneficial, but it should not be imposed upon women as though it were an unavoidable religious obligation.
Many unjust and dehumanising practices against women persist partly because women may be unaware of the rights granted to them under Islamic law. Therefore, this research paper seeks to shed light on several fundamental women’s rights that are frequently neglected or inadequately practised, particularly the rules and rights in Islamic jurisprudence relating to engagement and marriage.
Women in Pre-Islamic Society
In some pre-Islamic societies, women were treated as property or commodities intended to serve the interests and pleasures of men. Tribal opinion was often considered more important than individual choice in marital matters. In some cases, tribal authority could influence the continuation or dissolution of a marriage when a woman was no longer accepted by the tribe (Hitti, 1961).
Pre-Islamic poets frequently began their poems by praising women. However, this praise usually focused on physical beauty rather than intellectual ability, courage, moral character, or social contribution. Women were commonly described through their appearance and bodily features (Nicholson, 1966). Such literary conventions reflected, at least in part, a social perception of women as objects of beauty and sources of pleasure rather than as complete moral and intellectual persons.
In some communities, the birth of a girl was regarded as a source of shame. Female infanticide was consequently practised in certain cases. This practice was not exclusive to the Arabs; various forms of female infanticide were also recorded among some communities in China, ancient Greece, Africa, India, Japan, and elsewhere (Hausfater, 1984).
Several explanations have been proposed for the practice of female infanticide in pre-Islamic Arabia. First, some Arabs may have considered infanticide an act of misplaced mercy, particularly when they feared poverty, captivity, or social disgrace (Nicholson, 1966). Second, the birth of a female child could be regarded as a bad omen associated with shame, dishonour, or financial hardship (Smith, 1903).
Islam firmly opposed infanticide and explicitly prohibited the killing of children. The Qur’an condemns the negative reaction of those who were informed of the birth of a daughter:
“Yet whenever any of them is given the glad tiding of the birth of a girl, his face darkens, and he is filled with suppressed anger.”
(Qur’an 16:58)
The Qur’an also states:
“Hence, do not kill your children for fear of poverty: it is We who shall provide sustenance for them as well as for you. Verily, killing them is a great sin.”
(Qur’an 17:31)
These verses establish the sanctity of children’s lives and reject the belief that daughters represent disgrace or an intolerable economic burden.
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) similarly affirms women’s entitlement to human rights and fundamental freedoms. Article 3 calls upon states to take appropriate measures to ensure the full development and advancement of women so that they may exercise their rights and freedoms on a basis of equality with men. In this respect, Islamic teachings were explicit in seeking to protect women from tribal injustice, coercion, and subjugation.
Marriage in Islam
Marriage in Islam may be defined as a lawful contractual relationship between a man and a woman, governed by the primary sources of Islamic law: the Qur’an and the Sunnah. The Sunnah consists of the sayings, actions, and approvals attributed to the Prophet Muhammad (peace be upon him).
Before the advent of Islam, several forms of marriage were practised that degraded the dignity and status of women. Islam prohibited relationships that violated women’s rights or treated them as transferable property.
One such arrangement was marriage by purchase, in which a husband acquired a wife in exchange for a substantial amount of money or wealth. This arrangement resembled slavery because the payment was understood as the purchase price of the woman rather than a marital gift given for her benefit (Al-Hibri, 1982). Islamic marriage differs from this model because the dowry, or mahr, is the exclusive property of the bride and does not constitute payment to purchase her.
Another pre-Islamic practice was marriage by inheritance. When a man died, one of his heirs could claim authority over the deceased man’s widow. The heir might marry her, prevent her from remarrying, or release her only in exchange for money or property. Islam prohibited this practice. The Qur’an states:
“O you who have attained to faith! It is not lawful for you to inherit women against their will.”
(Qur’an 4:19)
Such practices are incompatible with the Islamic requirement that marriage be based on a valid contract and the consent of the parties. A marriage involving a permanently prohibited relationship, including marriage to a woman who had been married to one’s father, is considered invalid under Islamic law.
CEDAW also condemns practices that exploit women or undermine their dignity. Article 6 requires states to take appropriate measures to suppress trafficking in women and the exploitation of prostitution. Other provisions of the Convention address discrimination in marriage and family relations and affirm women’s right to freely choose a spouse and enter marriage only with their free and full consent.
Although Islamic teachings prohibit the dehumanisation of women, these teachings must be implemented in practice. This requires distinguishing religious principles from social and cultural traditions that conflict with the Qur’an, the Sunnah, and the objectives of Islamic law. Customs that deny women consent, dignity, education, property, or fair treatment should not be defended merely because they are widespread or historically established.
In conclusion, Islam introduced important reforms intended to protect women from exploitation, coercion, and degrading marital practices. However, the existence of religious rules alone does not guarantee that women will enjoy their rights. Greater awareness of Islamic jurisprudence is therefore necessary, particularly concerning consent to marriage, the legal nature of engagement, financial maintenance, dowry, and the prohibition of coercive cultural practices.
References
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