The religion of Islam raised and highlighted the value and status women, who were used to be considered as a second class and enslaved in the darkness of ignorance, and blessed them with a new status level by saving them from being a poor creature and paved the heaven under the bottom of their feet.

Women in the Islamic Culture

Prof. Davut AYDÜZ

Faculty of Divinity

Sakarya University

Sakarya/Türkiye

The religion of Islam raised and highlighted the value and status women, who were used to be considered as a second class and enslaved in the darkness of ignorance, and blessed them with a new status level by saving them from being a poor creature and paved the heaven under the bottom of their feet.

Islam is the first religion that takes women under its wings by giving back their rights that are usurped by the community and robust rules to preach on this issue. The Qur’ân, emphasizes the fact that “as the men have rights over their wives, women also have rights over their husbands on the legimate framework” (al-Baqarah, 228 ) without leaving any challenge to an interpretation, and raises women’s position in the plan of creation. In his Farewell Statement, the Prophet of Islam (PBUH) commands that “I advise you to observe women’s law and to get afraid of God in this respect; since women are God’s trust to you”.1 To raise women to a respected position from the period in which they were bought and sold like goods almost throughout the world, is an important historical event in terms of the female realm. In the Qur’ân and the Sunnah, the women’s position and their rights are highlighted so clearly and openly that it will not be an exaggeration to say that they get rid of slavery with the help of Islam.2

In Islamic societies, women’s position both in family life and political, legal, social and economic areas on the one hand, and in social and political environment on the other hand, was determined by ethnicity and cultural heritage before Islam. For this reason, it is not possible to say that women’s position in the Islamic world is not the same everywhere. There have even been differences among women who live in the same area, and at the same time period, or in rural areas. However, this does not mean that women in Islamic societies represent entirely different identities; they have had certain common lines in each period in terms of social, legal and economic positions.

The religion of Islam has made significant changes on women’s social, economic and legal position in the pre-Islamic Arab societies in terms of religious understanding fathomed within established customs and practices. The Qur’ân accepts men and women as equal beings.3 Today, women are one of the outstanding issues with respect to Muslim communities around the world. One of the most visited modes of the attacks on Islam is the issue of woman and her status. Topics, for instance; Islam does not give an appropriate value to women, it keeps them away from social life, a man can get married to four wives, they get half of the inheritance, two women’s testimony is equal only for one man’s testimony; namely, woman is accepted as half of a man, and the like are brought up to the contemporary scene constantly. Objections to this matter sometimes derive from lack of knowledge in Islam, sometimes from traditions formed over time among Muslims, and so on.

We will stand on these issues in this paper and briefly explain what the truth of these issues is.

WOMEN IN THE PRE-ISLAMIC RELIGIONS AND SOCIETIES

In order to understand the value and importance of rights that Islam provides for women, it is a good idea to give brief information about the status of women before Islam.

While women were despised in societies around the world, Islam raised and brought them to the same level as men hold. It is emphasized that by changing incorrect understanding of the society, according to this new mode baby girls, like baby boys, are clearly and equally God’s grace, and God would give boy whom he wishes, and girl whom he wishes: “The domination of the heavens and the earth belongs to God only. He gives boy whom he wishes, and girl whom he wishes, or of both sexes. He leaves infertile whom he wishes’ (al-Shûrâ, 49).

Especially in the Period of Ignorance (al-Jâhiliyyah), to Arabs, who were living nomadic life and fighting with each other, male member of the society was deemed as an actor of reputation; because he was the person to fight, produce, bring loot; whereas woman was seen as consumer. Negative attitude towards girls was a mundane mode of act in this life-style and approach.4 Living in hard conditions, and from time to time changing their places in desert conditions, the nomadic Arabs used to see woman as consumer and relegated to the second degree; because they were not involved in combats, had not to raid other tribes, obtain loots, etc.

What is more, opportunities for girls in family and tribe were very limited and death becomes a mode getting rid of tribal and filial shame lest she became a lust object in the hands of foreigners during raids between tribes.5 To avoid poverty and slavery at the hands of enemies; and thus not to cause perpetual shame to tribes, some tribes were used to bury their daughters as a socio-political response in such tribes as the Rabî ‘ah, Kindah and Tamîm. Thence, the Qur’ân strongly condemned in various verses these ugly behaviors of the community entrenched in this inequity-laden societal ethos.6

THE CASE OF “THE FIRST SIN” Islam does not blame women on the account of the “first sin”, humankind committed and caused humankind be driven away from heaven. God, made Adam, the first human being and prophet, and his wife, Eve, talk together through his divine utterance. According to the tradition, the Satan gave delusion both of them experiencing the first stumble together, or even the stumble primarily belonged to Adam. Then both of them turned to God with repentance and pray. Briefly, then, Islam never accused women of the perpetrator of the ‘first sin’ due to descent of humankind from heaven.7

According to the Islamic creed, the prophet Adam is the ancestor of all humankind and his wife Eve is the mother (al-Nisâ, 1; Hujurat, 13) of human being. The acceptance that Eve provoked her husband, Adam, to commit the ‘orginal sin’ is a matter existed in the Bible8; yet it is not compatible with the information laid down in the Qur’ân. While in the Torah the ‘ forbidden fruit’ was given to the woman by snake and then to Adam by Eve, in the Qur'ân this story is narrated differently, which “the devil made both of them commit mistake’ (al-Baqarah, 36), according as they had been deceived by the devil beforehand. In another verse, it is indicated that Eve was never mentioned and Satan directly addressed to the prophet Adam and said, “Adam! Shall I show you the eternal tree, timeless reign”. (Tâhâ, 120)9

The deceptive image of Eve and thence blaming inclinations of women on the account of the first sin set the stage for very negative comments about women over the centuries in Western societies. Because of this othering mentality, women are considered as unreliable, not worthy to be directly addressed; hereof they were pushed to second class position; according as their state of menstruation, pregnancy and childbirth, service to their husband, which has been regarded as a punishment for the first woman’s eternal crime.10 In fact, in Islam woman is treated and regarded on an equal basis with man.11 The summation of this person is this: Every person, be it man, or woman, born in Islam, are born without sin and taint; but later they will be responsible for the acts committed.

THE CASE OF MAN’S RULE

The Qur’ânic verses expressing the man’s conditional state and status over woman due to certain statements of different talents, responsibilities, and multi-faceted abilities can be explained in the following manner. For example; الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاءِ بِمَا فَضَّلَ اللهُ بَعْضَهُمْ عَلَى بَعْضٍ وَبِمَا أَنْفَقُوا مِنْ أَمْوَالِهِمْ “Husbands are administrators and defensive over their wives. The reason for this is that God give some people some of the more blessing and a dowry to their husbands, such as the financial obligations of loading the costs of the house ... " (al-Nisâ, 34) the verse that begins with “al-rijâl qawwâmûna alâ al-nisâ” summarizes the evidence of man's conditional sovereignty. However; ‘the rule of men issue’ of this divine declaration manifests a dual division of labor in family: Administrative and fiscal duties and filial, compassionate voices and ethos as represented and modeled by woman per se.12

In this respect, the issue becomes something like this: Women have some outstanding qualities and men also have some outstanding qualities both of which are needed in various ways for daily life and human existence. To Elmalı Hamdi Yazır’s statement, this verse implies male domination over women; but this is not an absolute state. In the verse, both man’s sovereignty, and woman’s value and superiority are explained.13

There are many points of superiority of men over women; yet this superiority must be seen as superiority between the parts of the body connected to the same organism. For example, if the eye is like the male of this organism, woman is the ear; or if man is the brain of it, woman is the heart. There is a serious and inseparable liaison between them. When one pumps the blood, the other lives, if there is bleeding of one-tenth, the other stops. They are separate parts of the body; yet their lives are intertwined.14

Just as societies are managed in a form of hierarchy, so is family, which is the smallest unit of society, a micro-model of government as expressed in the Qur'ân. Accordingly, male is the householder. In order to keep peace and happiness in family, there is a need for the division of labor and collaboration of members among them. Needless to say, if there are three judges in one place, confusion will never cease and disagreement happens constantly. Namely, there must be a final management for order and orderliness. However; the person to give the final decision in family matters should have a mode of thinking and understanding to take care of the rights and uniqueness of every individual. Every aspect of life should be taken into considerations at any time, even in the most severe conditions the well-being of family should be preserved by the head of household. For instance, the father is expected to provide family food, drink, garment, and the like.

The notion of superiority mentioned in the verse is related to superiority regarding householder, not superiority about every issue. Another reason for men being head of the family is that he is to take over family life, including the needs (bio-physiological and societal) of wife. This means that the final decision about family matters is due to man’s right. On the other hand, if man as the head of household abuses his householder role, and persecutes his wife, woman can resort to the court requesting even the option of divorce. Therefore, husband who is in charge of his family’s sustenance, alimony, clothing, etc. does not continue to discharge his duties, he may lose the right to be the householder of the family.15

THE CASE OF BEATING OF WOMAN

One of the most debated issues expressed in the Qur’ân is that, in case when woman is disobedient (nâsizah) to his husband, she should be disciplined by warnings, then by separating the bed. If this does not become effective then she may be beaten. This case is enunciated in the Qur'ân in the following verse (al-Nisâ, 34):

الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاءِ بِمَا فَضَّلَ اللهُ بَعْضَهُمْ عَلَى بَعْضٍ وَبِمَا أَنْفَقُوا مِنْ أَمْوَالِهِمْ فَالصَّالِحَاتُ قَانِتَاتٌ حَافِظَاتٌ لِلْغَيْبِ بِمَا حَفِظَ اللهُ وَاللَّاتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَاهْجُرُوهُنَّ فِي الْمَضَاجِعِ وَاضْرِبُوهُنَّ فَإِنْ أَطَعْنَكُمْ فَلاَ تَبْغُوا عَلَيْهِنَّ سَبِيلاً إِنَّ اللهَ كَانَ عَلِيًّا كَبِيرًا

‘ Husbands are supervisor over and protective of their wives. The reason for this, God gives some persons certain blessings and elevations which are in accord with responsibilities concerned. For instance man is in charge of financial matters of family, dowry of his wife, etc. Accordingly, women who are obedient are expected to protect their husbands’ rights in their absence as God protects their own rights. When it comes to women who are stubborn, according to the tradition, the following procedures may be followed: Giving them advises; leaving them alone in bed; beating them gently. The verse continues: “If they obey you, do not call them a reason to lay on them. Do not forget that there is God that is noble and great’.

The verse is addressed to husband who wants to maintain his marriage with his wife and working to resolve the dispute within the family. This is not a case for those who want to put an end to marriage. Other measures in question as well as the case of beating women are instrumental ways in protecting family and its bonds. And these kinds of measures can be put in practice as a last resort to protect family life. In fact, there is no absolute sense of beating women If it had been like this, the other verses of the Qur’ân along with this verse and the Prophet (PBUH)’s tradition come into conflict with each other. For instance; God stated in the Qur’ân there is love and affection between husband and wife, (al-Rûm, 30) firmly guaranteeing the bond between them and charging husband to oversee the rights of wife (al-Nisâ, 21); commanding that husbands should get along nicely and beautifully with their wives (al-Nisâ, 19). Not to mention, in the Qur'ân when spouses wish to get divorced, they should do this properly and leave nicely (al-Talâq, 2).

According to the tradition, beating is a license that can be used when benefit is not obtained from the first and second items. Otherwise, to begin with beating is an imbalance because beating is not essential at all. That is an exceptional case. It can be applied to those who do not settle down in anyways and only settle down when they are beaten; but it should never be painful. When beating is painful, man will be responsible in the presence of God, and such behaviors are never permissible in the Islamic judiciary system. Her recovery is considered to be possible with advice; thence all the paths of advice are being used. If this does not work, abandoning her in bed is put in action as a boycott against her without giving any harm to her pride and dignity. In aiming to chastise her, this may not work enough then beating can be put in a limited measures.

Beating is expected to be in a balanced and simple way, lest the dignity, honor, and individuality of woman be in jeopardy; if acted contrary to this measure, husband in the presence of God will surely be responsible and destined to embarrassment.16 The exegetes have explained that the act of beating should be free from extremes. It is not to be executed with whips and sticks; but with miswâk (teeth cleaning twig) , twisted handkerchief, or hand; and it should be avoided beating to the face, and delicate areas like eyes, and beating different parts of the body rather than specific area. Likewise the Messenger of God commands that “avoid from face” while beating.17 With respect to this case, the exemplary applications of the Prophet Muhammad can be cited here: The first source for the interpretation of the Qur’ân, the Prophet Muhammad’a applications shed light on this issue. According to the Traditions of the Prophet, he never beat his wives in anyways at all. ‘Aisha, one of the wives of the Prophet, said: “The Prophet did never beat his wives and servants. In addition, he did not consent to the punishment by her father because of her negative behavior against him. This shows that a very basic conflict may not lead one to resort to Tis TThsff So aafm the use of force.

What is more, there are many hadiths / traditions narrated from the Messenger of God about not beating women. When we look at the hadiths regarding treatment of women, one can encounter many hadiths commanding nice treatment of wives and women. Some of them are as follows:

‘ The best among you are those who behave the best against their spouses. I am the one who behaves the best against wives among you’18

‘In terms of the believers the most flawless are those whose morality is the most beautiful. The ones whose morality is the best, are those who behave well to their wives’19

‘ Which one of you think to beat his wife like a slave? Would they not go to bed together when it is evening?’20 ‘ Do not beat God’s female servants. Husbands who were complained that they had beaten their wives cannot be good people’21

The Prophet Muhammad has been the most beautiful example about his advices on women as well as his behavior towards them. Reencapsulating the case briefly: The Messenger of God (PBUH) had never hit his wife and servant with his hands throughout his life.

For the sake of generalization, the thesis of this section is that beating and violence were certainly not arisen from Islam. This is because if one conducts a survey investigating whether a man who beat his wife say “I beat my wife because my religion commands me to beat”, no response comes positively from this question. On the contrary, leaving aside cultural veins and basins, in Islamic family life beating should be out of the question. This is because Islam positioned women in their awarded position, laid paradise under their feet, and gave them legal and all civil rights. The Prophet Muhammad (PBUH) never hit a woman throughout his life. God has commanded him in person and Muslim in general to behave women in the most beautiful way. Enframing with many verses and traditions provided that woman is God’s trust to man, Islam eternalizes the well-raised status of woman. Hence, even in case of derangement, agreement, consensus, consultation, and even managing are fundamental solutions to be resorted. The main mode of behavior to be is kindness, compassion and gentleness toward woman. Beating is the behavior of rough and vulgar people.22

Thence, Islam has not introduced humanity woman’s beating; rather in many ways tried to prevent it. Woman is, according to the tradition, God’s trust to husband, and the Prophet Muhammad (PBUH) forbade beating of women with his phrase “God’s poor girls”. This case is regarded in Islam as a kind of litmus test in determining one’s level of sincerity and submission to God. Being a prototype for Muslims, the Prophet and his example are an essential mode of conduct to be remembered and practiced in this regard. This juncture explains the difference between religion / faith and ideology / discourse per se. This explains the following statement: “I do not think that there would be someone who gave up beating his wife by thinking that Human Rights Association, or Feminism wants it.23 On the contrary, in Islam, in case of necessity, it was allowed but although its use is expected to be rare. In the twentieth century, national legislation prohibited, but the practice of torture reached the size of a beating issue.24 For instance, according to a statistic published in the newspapers of the United States of America in January of 1978, 25% of women in that country, were beaten by their husbands, a significant portion were hospitalized as a result of beatings, and even it is stated that 20% of husbands were beaten by their wives.25

HERITAGE RIGHTS OF WOMAN

Islam has protected the rights of women and children, whose rights have been violated during the Period of Ignorance, by giving them a share in the estate. In the pre-Islamic era Arab society women could not inherit. In fact, women were transferred to the heirs of the deceased like a property. Only strong and powerful men who were holding gun and keeping estates would be the heir. The property of the dead was inherited to male heirs only, who were the nearest relative and could fight at wars. In the practice in Medina, only adolescent boys could be the heir of their father, the little girl and her brothers, even their mothers could not be heir.26

Inheritance rights to women were given in Islam and the share of receivables determined separately according to the state as being the mother, grandma, wife, daughter and sister. Exceptions to the same location, but the woman's inheritance share is half of the shares of men. يُوصِيكُمُ اللهُ فِي أَوْلاَدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنْثَيَيْنِ

‘In Heritage, God commanded about children: The man’s share right is two times more than woman’s "(An-Nisa, 11). At first glance, this arrangement appears to be a provision that the expense of women, when financial liability and responsibility of the husband of his family is considered in Islamic law, a different conclusion is deduced. Completely dispose of the obligation to belong to the family income, women in the name of dowry is a payment where the husband paid during marriage, the responsibility to pay the cost of blood in the face of the murders committed by a relative, given that only men participated in the two sexes is equated to a sense of falling share of the net.27

WOMAN’S TESTIMONY

One of the most discussed issues today about the woman is the woman's testimony. In the case of a debt, it is stated in the Quaran that the testimony of two men or two women with a male is required. وَاسْتَشْهِدُوا شَهِيدَيْنِ مِنْ رِجَالِكُمْ فَإِنْ لَمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ مِمَّنْ تَرْضَوْنَ مِنَ الشُّهَدَاءِ أَنْ تَضِلَّ إِحْدَاهُمَا فَتُذَكِّرَ إِحْدَاهُمَا الأُخْرَى

‘ In the case where two men are not found, there should be one male, whom you are sure about him, and two women, when one stumbles in, the other would remind’ "(Al-Baqarah, 282).

It is not right to remove a meaning from this verse that in terms of humanity and the value woman is never down from man. Because the reason is related with forgettin, getting surprised and error and the brought is intended to justice by finding the right provision. Contained in the conditions and level of education as to the emergence of the truth, which limited the opportunity to contribute to the realization of rights and justice for individuals and groups is quite natural for such rearrangements. On the other hand, this provision is only related with verbal testimony that will be made about financial rights and obligations. The majority of scholars stated that the equivalence of the two women's testimony to one man are about debts and financial issues. If required, a woman alone can be a witness, with written statements and documents of proof for the separation of men and women here, the main aim for the opinions is the existing doctrine in the direction of the woman's testimony does not restrict eligibility, confirms the idea of ​​justice was to provide the best way.28

Classical jurists, instead of a man, two women have witnessed a search is usually considered as women's forgetfulness explaining, contemporary researchers, women as men get to grips with it and manifest themselves in the commercial transactions. Direct knowledge of women in childbirth and so on. only in cases of two women, even if poverty enough to see a woman's testimony, the testimony of two women instead of men wanting to confirm due to lack of commercial experience.29

In the verse, first the men are called for testimony. Because, in an Islamic society, they usually generate the working class. This is a peaceful and secure society, today's corrupt societies as well as women, are forced to work for very little money, and their own health, but also in terms of the authenticity of the community, outside of trying to give the service a much larger and more important function, the future of finishing up sons to carry on her shoulder and training to the task of motherhood is very important, such as under obligation to release retained. So in the market, power of attorney, bail and witness and in similar issues, the verse first call the men for testimony, while women have not much interest and knowledge, and it stated that when two men are not found, ‘ a reliable man and two women can be wittness’. In the verse two women’s testimony counting for a man, is not the main issue and it is arising from psychological nature and lack of conducting.

The issue is not related with, said as those who claim the equality of men and women,whether woman is accept as human, whether value is given or not or woman-man equality or inequility.30

MULTI-WOMAN MARRIAGE (ZEVCÂT TAADDÜD-I = POLYGAMY )

Especially in the last centuries it is seen that woman takes place in the centre of discussions that are made. To allow men to marry more than one woman in Islam is one of the issues that is discussed. The challenge on the basis of this multi woman marriage is that it eliminates woman-man equility, women's rights and freedoms are blocked, and does not conform to the requirements of a modern lifestyle.

The non-muslims find themselves on this issue to have an open door to attack Islam, some muslims among us have criticized about this issue because of either their weakness of faith or not understand the issue well, or due to remain under pressure of West's cultural complexes. Muslim scholars and critics respond to criticism about the nature of the subject against Muslim and non-Muslims who harped on the same string. However, some of them, feminist approaches and experienced the era of social and cultural influence of Western civilization by keeping the excess and deficiency has been entered. Although multi-marriage was criticized by Westerners, this application is defendet by some Western thinkers by claiming that it is an example application of social morality, and economic aspects, most of the men in the West did not satisfy with one woman and because of the non-legitimate children immorality and emergence.31 We, in this paper the, place the matter of Islamic law, as a summary of the terms and conditions of this provision to identify the work and mention Islam ‘s wisdom and we will indicate briefly.

The Holy Qur’ân allowed a man to get married to two, three of four women if the requirement of justice is performed. فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَى وَثُلَاثَ وَرُبَاعَ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً

‘ Get married to two, three or four women who are halal for you that you desired. If you are concerned about carrying out justice between them, be content with one woman ‘( Nisa, 3 ).

Islamic scholars have advised to marry only one woman, and they stated that it will be makrooh if a person worries about behaving not fair between the spouses and after marriage it will be haram if a person does not behave fair among his wives.32 Despite of theoretical oppurtunities, multi-marriage is no common in Islamic societies.33

When Islam came, it reduced to marriage up to four where multi-marriages were applied of the existing communities. But it did not command to get married to four women, but it limited the application that was well established in society and conditioned it. When there is worry about not to behave justice, it ordered to get married to one woman. Thus Islam has made it harder to marry to many women. In the opinion of most of the Islamic scholars, the verses limited marriage to four that were unlimited and it has made the correction in favor of women by linking the requirement of justice. Indeed, it is not an easy thing to accomplish justice between women in every aspect. When justice is not obtained, he inevitability of marriage with one woman emerges. So Islam does not encourage to marry four women, the most limiting to four allowed to get married is an unlimited, but in some cases more than one wife to marry for the salvation of society does not close the door completely, some are open. Because in some cases marriage to more than one woman may be inevitable: When the woman is infertile or diseased, her husband maintains to look after her instead of divorcing and throwing her out of house, but husband may get married to another woman to meet his essential needs and to have a child. Having a child is the greatest desire of every human being. Because the child is the greatest support of people, a source of happiness, after the death of an extension of his life. If the woman is infertile, the man would divorce the innocent woman in order to have a child or remain childless. Whereas the woman who knows her infertility, she would allow her husband to get married to another woman and have a child believing that her husband would not leave her alone. Their marriage will not disturbed and the man would be happy. The two women agreed to the command of God and live together like sisters.

Where Islam has been criticized in some quarters, it is well known that many secret forbidden loves with women are experienced in those places. The given statistics show us that today the number of married people who have a secret and non-confidental relationships with women are much more than from the number where in Islam the men get married to the second wive.34 Here Islam does not accept the non-legitimate relationships. According to Islam, a human will live either with one woman or will get married to another if one woman is not enough to live.

The non-legitimate relationships and secret friendships are haram. They disrupt the society's morals, make people turn against each other, disrupt generation and degenerate people.35

In today's societies, there are a lot of communities where the balance is disrupted between the female and male population. For example, there are 8 million more women than men in America. Some Central Asian countries, African countries or in countries such as Bosnia and Herzegovina and Kosovo stands out in a similar disproportion. Here in all these cases if multi-marriage is not accepted, there would be concubinage, prostitution, homosexuality, or the non-legitimate relationships or murder of women and staying single for the rest of life would occur.36

WOMAN’S CLOTHING, HIJAB

In Qur’ân there are some restrictions about woman’s clothing. These are the values ​​of family unity and the goal is for protection. Because Islam gave a big importance about protecting the values that sustain both the family and the society. During the period of Medina, compulsory veiling of women has brought down by verses, but this obligation does not bear the purpose of restricting women's social effectiveness.37

As the position of women in Islam, perhaps the most discussed topics in our age, is a matter of the woman's veil. In Qur’ân is asked to take a cover ( cilbab ) when women go outside ( Ahzab, 59 ), avoiding men’s and women’s eyes from haram, to protect their modesty, for the women not to show their adornment areas, to bind their head scarves over their collars (al-Nur, 30-31). Both this and similar verses in the style of expression and style, as well as during the practice of our Prophet, women's veil on the heads, or customs-up recommended subject to conditions and socio-cultural terms rather than in a moral context as a religious order. Understanding of the vast majority of Islamic scholars and Islamic Ummah exercise in this direction has been for centuries. Veil of Islam, chastity protection, such as orders to keep people's eyes from haram is not only for women, both women and men separately addressed the same style and precision, given the task of taking the necessary measures in this regard in the community. However; it is clear that women have heaviy loaded responsibilities about veil. But would be wrong to interpret that in Islam women are pushed away from social life and gave less value to them.

Contrary to the provisions of this capable woman in Islam, protection, exaltation, and to give her a respectable place in society should be seen as part of an effort. Veil and shame is only a unique feature of human beings. In the fundamental sources of Islam, men's and women's veil is laid out as a principle and as a consensus of Islamic scholars it is pointed out that women should veil every part except hands, face and feet, and men should veil the part between their knees and belly. But the veil color, style and shape are related with societies’ tradition, pleasure and opportunities, therefore it can show differences according to the regions and ages. In this regard, the main aim for men and women to live a life chaste and legitimate, excesses, is protected from harassment and inducements, covering also considered an important tool in achieving this goal.38

THE RIGHTS ISLAM GAVE TO WOMEN

The religion of Islam gave a very big importance about women’s right and gave and exceptional authority that no order and system could give them. The Almighty God mentioned in Qur’ân that, ‘ As the men have rights on their wives, so has the women rights on their husbands in the legimate framework ‘(Al-Baqarah, 228). Prophet Muhammad (PBUH) invites men to regard women’s rights and law and says, ‘"Respect the rights of women to fulfill your fear of God! Because you have received them as a trust of God. "39 In another hadith he says, ‘ The best among you are those who are favorable for their spouses and children. And I am the one who is the most favorable’.40 The Prophet (PBUH) suggests to men that they should always behave well to their wives and reveals that, ‘ The most flawless in respect of faith are those whose moraly are the most beautiful. And those whose morality are the most beautiful are those who behave in the most beautiful way to their wives’.41 The Messenger of God (PBUH) has advised the following sentences in his farewell sermon: ‘ "Dear people, you have the rights over your women. But they also have rights over you. They should abide by your rights. You have to treat them well." As a result, men have rights over women and women have rights over men.

The posititon that Islam gave to women is completely unknown to the modern world or worse there is a perception of vice versa. In this regard it would be appropriate to summarize this location clause by clause:

1.The right to learn science: Women, like men has the right to acquire knowledge. Islam has made the women assume the same degree as men that a muslim must acquire faith, worship, morality, about the supposed sciences.

2.Male, to what extent has the right to freedom of thought and explanation of the idea, the same freedom of women is proportionally the same. Have a say in matters that are referred to the opinion and the consultation is done with it. 3.Islam the same equal rights to women as men in making contract, to make entrepreneurship, with property acquisitions. According to Islamic law woman has an absolute right on their properties. Women have the right to work at legitimate jobs without harming the rights of man.

4.Islam gave women the right to inherit. Before Islam women were deprived from this right and inherit was perceived like a good from men.

5.The right to dowry. During marriage men pays some money or property or a certain debt called dowry. In Islamic law dowry is not given to the woman’s family, it is given directly to the woman and woman can dispose on her goods as well as other goods. The aim of dowry is to give women economic power and to prevent malicious use of divorce. In particular at the regions where divorcement applications is seen frequently, the dowry within the agreed payment is a fact that a significant obstacle this kind of divorcements.42

6.The right to divorce. Islam allowed the termination of marriage when it moves away from the original intent, there is no peace between the spouses to live together anymore and required by the needs and necessities. Divorce is accepted in the system, never refused to divorce her application corrupts the Jewish Christians (Catholics), and exercise the right to divorce his wife as having an unlimited period of Ignorance of the appearance in the middle of road. When there is conflicting with each other, the last solution that would apply is to get divorced. Prior to divorcement, it should be resolved between the spouses, when this is not possible, a refree should be selected from both families.43 If it does not find solution, as a last resort the spouses are allowed to get divorced in peace and friendly.

However, divorce is not seen nice with this permission. One hadith says,44 ‘The worst thing among God’s lawful things is divorce’.45

7. The right to vote. Woman is a member of society. She has got responsibilities to society and by the way also has rights. Woman has the same rights as men to identify and select the person to manage the country. During the Prophet (PBUH) period the women also participated in biata, and this right has been registered as eternal with a verse (Mumtehıne, 12). The named verse states that, ‘ In order to recognize the value and importance of women rights in Islam, the status of women in various societies and civilizations before Islam should be evaluated very well. Whether woman is a human or not, the presence of the spirit is discussed where all men are subject to and under the constant tutelage, even the inheritance of shares as the woman assessed the property at a time when even the heritage, the great religion of Islam declared that woman is also a human being and has rights in heritage.

RESULT

It is the fact that both the discourses of Orientalism, and of Western ideological premises shape and bring the gender issue to the forth in dechronozing the ethos and telos of Islam in contemporary society. Accordingly, to this ideological baggage, Islam does not give value to women, subject them to men, and the like. These claims have come to the scene out of lack of knowledge about Islam, of regional or local traditions formed over time among Muslims, and of historical challenges that Islam had posed since its inception.

First of all, the Qur’ân states that men and women were created from the same soul with equal creation platform. Hence, the essence of creation and of existence.

One of the objections brought against Islam about this issue is that head of family is given to men. The Qur’ân, explained that authority was given to men; because family's livelihoods are put on the shoulders of men. In addition, the head of family has not an absolute rule based on women's fundamental rights and responsibilities as acquired from their birth, existential, and marital rights.

The right to marry more than one wife in Islam is conditioned with the rule that husband is to behave fairly between their spouses. Man has no right to multiple wives if they do not comply with this requirement. Likewise men, who do not behave fairly to their one wife, and restrict their basic rights, do not have the right to continue the marriage act.

What is more, the issue of getting half of the heritage from inheritor is another hot topic discussed in this study. Sister’s share is not a matter of determining the value of woman; rather it is totally based on economic rules and realities. Woman is not responsible for supporting family. Besides this, woman in the case of divorce gets financial provisions both in marriage contract and divorce.

Likewise, the problem of testimony of two women equal to one man's testimony does not determine the value of women at all. According to the Islamic precepts, this issue is related both to special and specific occasions, and to financial matters where one may forget; yet the other woman may remind it.

Compared to other religious traditions and ideological systems, only the Qur'ân in specific, and Islam in general gave woman highly elevated value, honor, dignity, sovereignty, and co-responsibility. Yet it does not mean that these rights are known exactly and clearly, and also are not being fully applied by Muslims in their societies so far. This is why it is misunderstood and criticized by some contemporary Western intelligentsia and scholars. In this paper, we tried to decipher the honor and value that the Qur'ân bestowed upon woman via various verses and precepts, and to detangle the accusations and misperception of Islam on this issue. In doing so, we did not delve into the various narrations of the hadiths; since it is outside the scope of this study.

FIFTH INTERNATIONAL CONFERENCE OF THE ASIAN PHILOSOPHICAL ASSOCIATION „PLURALITY AND SELF-IDENTITY OF THE ASIAN COMMUNITY IN HISTORY‟ Conference Secretariat E-mail: Bu mail adresi spam botlara karşı korumalıdır, görebilmek için Javascript açık olmalıdır ; Fax: +81-92 925 9245
ICAPA 2011
December 7-9, 2011
Chikushi Jogakuen University & Seinan Gakuin University
Fukuoka, Japan
July 2, 2011
Prof. Dr. Davut Aydüz
Faculty of Divinity
Sakarya University
Turkey
Dear Prof. Aydüz,

INVITATION