CSS 2022Islamic StudiesQ. 2
Explain the concept of Human Rights in Islamic thought in specification of "Status of Women in Islam".
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This answer to the CSS 2022 Islamic Studies paper (Q. 2) was written by the CSS Nexus team. Read the outline first, then see how each point is developed.
Outline
- 1. Introduction
- 2. Concept of human rights in Islamic thought
- ✓Divine origin, duties beside rights, universality
- ✓Basic rights
- 3. Status of women in Islam
- ✓Spiritual and moral status
- ✓Status in the family
- ✓Economic status
- ✓Educational and social status
- 4. Debates and critical issues
- 5. Women in Pakistan today
- 6. Conclusion
Answer
Introduction
Modern discussion of human rights usually begins with the Universal Declaration of 1948. Islamic thought places their roots much earlier, in the Quran and in the Prophet's ﷺ Farewell Sermon of 632 CE. The status of women provides a good test for any theory of rights, since women have been denied rights in almost every society. Islam's reforms in this field reveal the way in which its whole concept of rights works.
Concept of human rights in Islamic thought
Divine origin
Rights are granted by Allah, which means no ruler or parliament may legitimately take them away. Every person is honoured by virtue of being human.
وَلَقَدْ كَرَّمْنَا بَنِىٓ ءَادَمَ …
"And We have certainly honoured the children of Adam…" (Al-Isra 17:70)
Rights and duties together
Islamic thought speaks of huquq Allah, the rights of Allah, and huquq al-ibad, the rights of people. One person's right is another's duty. The Prophet ﷺ warned that even a person who prays and fasts can be bankrupt on the Last Day if he has wronged others (Muslim).
Universality
Basic rights belong to all, irrespective of race or religion, as stated in the Farewell Sermon: "Your blood, your property and your honour are sacred" (Bukhari, Muslim).
Purpose
Classical jurists such as Al-Ghazali and Al-Shatibi identified the objectives of the Shariah as protecting religion, life, intellect, lineage and property. These amount to a framework for basic rights.
Basic Rights in Islam
- Life
- Dignity and honour
- Equality
- Justice
- Freedom of belief
- Property
- Privacy
- Education and welfare
Key rights.
Equality and justice
People share one origin, and piety alone distinguishes them (Al-Hujurat 49:13).
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ كُونُوا۟ قَوَّٰمِينَ بِٱلْقِسْطِ شُهَدَآءَ لِلَّهِ …
"O you who have believed, be persistently standing firm in justice, witnesses for Allah…" (An-Nisa 4:135)
Freedom of belief
"There is no compulsion in religion" (Al-Baqarah 2:256).
Privacy and honour
Spying and backbiting are forbidden (Al-Hujurat 49:12).
Welfare
The hungry and deprived have a right in the wealth of others (Adh-Dhariyat 51:19).
Status of women in Islam
In the seventh century, Arabian women had few protections. Daughters could be buried alive, and a widow might be inherited as property. Islam changed their status in ways that may be seen in four areas.
Status of Women in Islam
- Spiritual: equal before Allah
- Family: daughter, wife and mother honoured
- Economic: own, earn and inherit
- Social: learn, teach and take part
1. Spiritual and moral status
Women are equal partners with men in faith and in reward.
إِنَّ ٱلْمُسْلِمِينَ وَٱلْمُسْلِمَٰتِ وَٱلْمُؤْمِنِينَ وَٱلْمُؤْمِنَٰتِ …
"Indeed, the Muslim men and Muslim women, the believing men and believing women…" (Al-Ahzab 33:35)
مَنْ عَمِلَ صَٰلِحًۭا مِّن ذَكَرٍ أَوْ أُنثَىٰ وَهُوَ مُؤْمِنٌۭ فَلَنُحْيِيَنَّهُۥ حَيَوٰةًۭ طَيِّبَةًۭ ۖ وَلَنَجْزِيَنَّهُمْ أَجْرَهُم بِأَحْسَنِ مَا كَانُوا۟ يَعْمَلُونَ
"Whoever does righteousness, whether male or female, while being a believer, We will surely cause him to live a good life, and We will surely give them their reward according to the best of what they used to do." (An-Nahl 16:97)
The Quran also rejects the belief that Eve alone caused the fall of man, for it describes Adam and his wife as sharing the error, and as both being forgiven (Al-Baqarah 2:36–37).
2. Status in the family.
As a daughter
Infanticide was condemned, and the attitude behind it denounced.
وَإِذَا بُشِّرَ أَحَدُهُم بِٱلْأُنثَىٰ ظَلَّ وَجْهُهُۥ مُسْوَدًّۭا وَهُوَ كَظِيمٌۭ
يَتَوَٰرَىٰ مِنَ ٱلْقَوْمِ مِن سُوٓءِ مَا بُشِّرَ بِهِۦٓ أَيُمْسِكُهُۥ عَلَىٰ هُونٍ أَمْ يَدُسُّهُۥ فِى ٱلتُّرَابِ …
"And when one of them is informed of a female, his face becomes dark, and he suppresses grief. He hides himself from the people because of the ill of which he has been informed. Should he keep it in humiliation or bury it in the ground?" (An-Nahl 16:58–59)
The Prophet ﷺ treated Hazrat Fatimah (RA) with great affection, standing to greet her when she entered.
As a wife
Marriage requires her consent, and she has a right to dower and maintenance. It is meant to rest upon love and mercy. In his Farewell Sermon, the Prophet ﷺ said: "Fear Allah concerning women" (Muslim).
… وَلَهُنَّ مِثْلُ ٱلَّذِى عَلَيْهِنَّ بِٱلْمَعْرُوفِ …
"…And due to them is similar to what is expected of them, according to what is reasonable." (Al-Baqarah 2:228)
As a mother
Kindness to parents comes next after the worship of Allah (Al-Isra 17:23), and the mother is named three times before the father in the well-known hadith (Bukhari, Muslim).
3. Economic status
A woman may own property, trade and manage her own wealth, and she is not obliged to spend on her family. Her dower is hers alone. She inherits under fixed Quranic shares.
… وَلِلنِّسَآءِ نَصِيبٌۭ مِّمَّا تَرَكَ ٱلْوَٰلِدَانِ وَٱلْأَقْرَبُونَ …
"…And for women is a share of what the parents and close relatives leave." (An-Nisa 4:7)
Hazrat Khadijah (RA) ran a successful trading business, and Hazrat Zaynab bint Jahsh (RA) earned and gave charity from her handiwork.
4. Educational and social status
Hazrat Aishah (RA) transmitted more than two thousand hadith, and senior companions consulted her on law. Hazrat Umm Salamah (RA) gave decisive advice at Hudaybiyyah. Women gave their pledge directly to the Prophet ﷺ (Al-Mumtahanah 60:12), prayed in the mosque, and nursed the wounded in battle. Women scholars also later taught leading men of learning, including Ibn Hajar.
وَٱلْمُؤْمِنُونَ وَٱلْمُؤْمِنَٰتُ بَعْضُهُمْ أَوْلِيَآءُ بَعْضٍۢ يَأْمُرُونَ بِٱلْمَعْرُوفِ وَيَنْهَوْنَ عَنِ ٱلْمُنكَرِ …
"The believing men and believing women are allies of one another. They enjoin what is right and forbid what is wrong." (At-Tawbah 9:71)
Debates and critical issues
Some rules are questioned today: inheritance shares, testimony in certain financial cases (Al-Baqarah 2:282), polygyny (An-Nisa 4:3) and the role described as qawwamah (An-Nisa 4:34). Traditional scholars explain that these form part of a family system in which men bear financial duties. Modern scholars such as Fazlur Rahman and Amina Wadud have proposed readings that emphasise the Quran's moral direction, while others disagree. The debate should be held with knowledge and respect, and it should be recognised that some classical interpretations reflected the social assumptions of their era.
The Cairo Declaration of 1990 shows an effort by Muslim states to put these rights in modern form, although critics note its limits compared with the UDHR.
Women in Pakistan today
Pakistan's Constitution protects women through Articles 25, 27, 34 and 37(e). Pakistan has also ratified CEDAW, and it has passed laws such as the Protection against Harassment of Women at the Workplace Act 2010 and the Anti-Rape Act 2021. However, the World Economic Forum's Global Gender Gap reports have consistently placed Pakistan near the bottom. Girls are out of school in large numbers, honour killing persists, and women are often denied their inheritance. These failures are the result of custom, poverty and weak enforcement, and not of Islamic teaching. The remedy is to educate girls, enforce the law, and have scholars speak clearly against customs that contradict Islam.
Conclusion
Human rights in Islamic thought come from Allah, are joined with duties, and protect the life, dignity, equality, belief, property and welfare of all. The status of women demonstrates this concretely. Islam established their spiritual equality, honoured them as daughters, wives and mothers, gave them economic independence and opened the door to knowledge. Where Muslims now fall short, the answer is not to abandon this framework, but to apply it faithfully and thoughtfully.
The writer can be reached at ma6749429@gmail.com
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