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There is very scarce information regarding women in pre-Islamic Arabia. Most of it originates from Hadith and historical traditions, pre-Islamic poetry, and early biographical accounts, or from conclusions from Qur'anic statements.
Many assumptions have been made about pre-Islamic law due to discrepancies in the understanding of how the law was enacted within the Arabian society in that time. The main functional unit of the Arabian society, the tribe, was composed of those who had connections to a common relative. The tribe itself was tied together by a mutual understanding of spoken rules which could vary considerably depending on the tribe and its economic activities, including women's roles and rights. The rules were enforced by the tribal leader who also mediated the discussion of new laws. Individual men within the tribe were allowed to suggest new rules, but they would not be enacted until a consensus had been reached by the entire group. [1] Many of these tribes were of patrilineal descent and therefore were only formed by male links traced down from each generation. [1] In the tribal society, women generally had no right to dictate who they chose to marry. [2] However, the tribe did offer the woman protection if she was maltreated by her husband. [3]
During the pre-Islamic times between 3500 and 3000 BCE, many of the city-states containing the individual tribes continually changed who had the authority to dictate. Much of this change occurred due to the tribal warfare taking place among these tribes. As the governmental power continued to be overturned and replaced, the laws towards women became more limiting as time went on. For some time, husbands had the right to pawn their wives and children, beat them mercilessly, or pull their hair without being penalized for these actions. The only chief right a woman had during these times was stated in the Code of Hammurabi in 1752 BCE, "women could obtain a divorce only with great difficulty. If a woman so hated her husband, that she has declared, 'you may not have me', her record shall be investigated at her city council". [4] The quote further goes on to state that if the court does not find the wife to be at fault, then she will be allowed to return to her father's home.
During pre-Islamic times, the Assyrian law clearly depicted within their written regulation who was allowed to veil. Those women who were family to "seigniors" had to veil as well as those who were previously prostitutes but now married. Laws on veiling were so strict that intolerable consequences were enacted for these women, some of which included being severely beaten or cutting their ears off. Prostitutes and slaves were prohibited from veiling. The veil was not only used to classify women according to their status, but also to label them based on their sexual activity and marital status. [4]
While the general population of women in pre-Islamic Arabia did not have many rights, upper-class women had more. Many became 'naditum', or priestesses, which would in turn give them even more rights. These women were able to own and inherit property. In addition, the naditum were able to play an active role in the economic life of their community. [4] The Samad Late Iron Age population in central Oman shows archaeologically women of both high and low social rank. [5]
In pre-Islamic Arabia, a variety marriage practices existed. The most common and recognized types of marriage at this time were marriage by agreement, marriage by capture, marriage by purchase, marriage by inheritance and Mut'ah or temporary marriage. [6]
Research on the family structure of pre-Islamic Arabia has many ambiguous views so it becomes difficult to know the exact structure of the family during this time period. Family structure that may have been of a typical tribe during pre-Islamic Arabia was patriarchal and the relations in the family were between other relations with men. It was vital for families to have boys rather than girls because men were viewed as superior to women. Within the family the women did not have any parental rights over their children even if the father had died, and it is claimed that women had no rights of inheritance. However, it is clear that many widows were able to inherit from their husbands and were quite wealthy, Muhammad's wife Khadija and many other early widows of Islam included, before the surahs on inheritance were given. One of the most important roles of the mother within the household was for her to give birth to children, and to produce male offspring. Even though women had few rights within the household they did partake in few roles within society. Some of the activities the women did were making meals, milking animals, washing clothes, preparing butter, weaving material for tents, and spinning wool. [7]
During pre-Islamic Arabian times, the child mortality rate was very high, and it was very common for parents to lose a child in infancy or during the child's childhood due to certain diseases and ailments. If the infant survived the community would hold a social feast in celebration of the infant's survival where they would name the child, and slaughter a sheep in honor of the child's birth. Children were not at fault for the same criminal punishments as adults. [8] During this time period, it was seen as high importance for women to produce male offspring because they were seen as superior and also as the most fundamental component to be able to fight in the difficult desert conditions. [7] [ unreliable source? ]
Family planning was very important and certain aspects are put into place before anything takes course, but the family planning did not apply to everyone. People were concerned with circumstances that may impact their family and or the community. The process of planning the family structure is mutually between the husband and wife. An important aspect of the family structure is determining the number of children the mother has, and spacing out the pregnancies as a way to make sure the health of the mother and children are not at risk, and also strengthen the well-being of the family. [9] People also enforced the importance of having the mother breast-feed, which was an infant's basic right for two years. [8]
The existence and prevalence of female infanticide in pre-Islamic Arabia is disputed by historians. Islamic thought came to think the pre-Islamic era, which they referred to as the age of Jahiliya, as one of barbarism, darkness, and ignorance. Independent evidence from this period, however, is scarce. [10] Tradition itself is often late (originating in the second and third centuries of Islam) and often limited to legend, proverb, poem, and other forms of non-historiographical content. [11] Occasionally, infanticide is mentioned in pre-Islamic Arabic poetry. [12] [13] [14] [15] Some interpret the Quran as supporting the historicity of the practice of female infanticide in pre-Islamic Arabia, but others have disputed this. [16]
Historical societal justifications of infanticide include the need to reduce population sizes and removal of defective members (like the sick, those with physical abnormalities, the socially legitimate, etc). [17] The Quran has usually been interpreted as mentioning infanticide during the pre-Islamic period, as "qatl al-awlad" (killing male and female children). In the hadith, this phrase also encompasses coitus interruptus (hidden infanticide), [18] abortion, [19] and the burial of live infants to prevent the shedding of blood (which was thought to make it humane). [20] Works of law (fiqh) and other hadith describe additional ways to commit infanticide, such as by hurling them off of cliffs, drowning them, or leaving them in the woods. [21]
Some interpret the Quran as describing infanticide as a means to prevent poverty or a solution for the liability of female children. Some sources claim females were liabilities in some tribal societies. [22]
Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequeathing private property and/or debts can be performed by a testator via will, as attested by a notary or by other lawful means.
Infanticide is the intentional killing of infants or offspring. Infanticide was a widespread practice throughout human history that was mainly used to dispose of unwanted children, its main purpose being the prevention of resources being spent on weak or disabled offspring. Unwanted infants were usually abandoned to die of exposure, but in some societies they were deliberately killed. Infanticide is generally illegal, but in some places the practice is tolerated, or the prohibition is not strictly enforced.
Sharia is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Quran and hadith. In Arabic, the term sharīʿah refers to God's immutable divine law and this is contrasted with fiqh, which refers to its interpretations by Islamic scholars. Fiqh, practical application side of sharia in a sense, was elaborated over the centuries by legal opinions issued by qualified jurists and sharia has never been the sole valid legal system in Islam historically; it has always been used alongside customary law from the beginning, and applied in courts by ruler-appointed judges, integrated with various economic, criminal and administrative laws issued by Muslim rulers.
In modern usage, hijab generally refers to various head coverings conventionally worn by many Muslim women. It is similar to the tichel or snood worn by Orthodox Jewish women, certain headcoverings worn by some Christian women, such as the mantilla, apostolnik and wimple, and the dupatta worn by many Hindu and Sikh women. Whilst a hijab can come in many forms, it often specifically refers to a scarf wrapped around the head, covering the hair, neck and ears but leaving the face visible. The use of the hijab has been on the rise worldwide since the 1970s and is viewed by many Muslims as expressing modesty and faith; it has also been worn for purposes of adornment. When it comes to the obligation for a Muslim woman to cover her hair and body, many have expressed confusion about the origin of this commandment. However, there has never been any debate within Sunni Islamic scholarship at any point in history regarding the obligation of hijab for all Muslim women who have reached the age of puberty.
Zināʾ (زِنَاء) or zinā is an Islamic legal term referring to unlawful sexual intercourse. According to traditional jurisprudence, zina can include adultery, fornication, prostitution, rape, sodomy, incest, and bestiality. Zina must be proved by testimony of four Muslim eyewitnesses to the actual act of penetration, confession repeated four times and not retracted later. The offenders must have acted of their own free will. Rapists could be prosecuted under different legal categories which used normal evidentiary rules. Making an accusation of zina without presenting the required eyewitnesses is called qadhf (القذف), which is itself a hudud offense.
Hind bint Abi Umayya, better known as Umm Salamah or Hind al-Makhzūmiyya was the sixth wife of Muhammad.
Islamic feminism is a form of feminism concerned with the role of women in Islam. It aims for the full equality of all Muslims, regardless of gender, in public and private life. Islamic feminists advocate for women's rights, gender equality, and social justice grounded in an Islamic framework. Although rooted in Islam, the movement's pioneers have also utilized secular, Western, or otherwise non-Muslim feminist discourses, and have recognized the role of Islamic feminism as part of an integrated global feminist movement.
Divorce according to Islamic law can occur in a variety of forms, some initiated by a husband and some by a wife. The main categories of Islamic customary law are talaq, khulʿ and faskh. Historically, the rules of divorce were governed by sharia, as interpreted by traditional Islamic jurisprudence, though they differed depending on the legal school, and historical practices sometimes diverged from legal theory.
Islamic views on slavery represent a complex and multifaceted body of Islamic thought, with various Islamic groups or thinkers espousing views on the matter which have been radically different throughout history. Slavery was a mainstay of life in pre-Islamic Arabia and surrounding lands. The Quran and the hadith address slavery extensively, assuming its existence as part of society but viewing it as an exceptional condition and restricting its scope. Early Islamic dogma forbade enslavement of dhimmis, the free members of Islamic society, including non-Muslims and set out to regulate and improve the conditions of human bondage. Islamic law regarded as legal slaves only those non-Muslims who were imprisoned or bought beyond the borders of Islamic rule, or the sons and daughters of slaves already in captivity. In later classical Islamic law, the topic of slavery is covered at great length.
The experiences of Muslim women vary widely between and within different societies. At the same time, their adherence to Islam is a shared factor that affects their lives to a varying degree and gives them a common identity that may serve to bridge the wide cultural, social, and economic differences between them.
Muhammad, the final Islamic prophet, was born and lived in Mecca for the first 53 years of his life until the Hijra. This period of his life is characterized by his proclamation of prophethood. Muhammad's father, Abdullah ibn Abd al-Muttalib, died before he was born. His mother would raise him until he was six years old, before her death around 577 CE at Abwa'. Subsequently raised by his grandfather, Abd al-Muttalib, and then his uncle, Abu Talib ibn ‘Abd al-Muttalib, Muhammad's early career involved being a shepherd and merchant. Muhammad married Khadija bint Khuwaylid after a successful trading endeavour in Syria. After the death of Khadija and Abu Talib in the Year of Sorrow, Muhammad married Sawdah bint Zam'a and Aisha.
Many social changes took place under Islam between 610 and 661, including the period of Muhammad's mission and the rule of his immediate successor(s) who established the Rashidun Caliphate.
Traditional Sunni and Shia Islamic marital jurisprudence allows Muslim men to be married to multiple women. Men can have up to four wives at a time according to the islamic jurisprudence.
Islamic ethics is the "philosophical reflection upon moral conduct" with a view to defining "good character" and attaining the "pleasure of God". It is distinguished from "Islamic morality", which pertains to "specific norms or codes of behavior".
The roles of women in the Arab world have changed throughout history, as the culture and society in which they live has undergone significant transformations. Historically, as well as presently, the situation of women differs greatly between Arabic speaking regions, their urban or rural population and age groups. Among other factors, these differences can be attributed to local traditions, culture and religion, women's social or legal status, their level of education, health or self-awareness. Since the 19th century, and notably through the influence of the colonization in North Africa, the Arab Renaissance in Egypt, Lebanon, and Syria, and the end of the Ottoman Empire, the social and economic changes in the Arab world have become greatly accelerated and diversified.
Women's rights in Saudi Arabia is a topic of international concern and controversy. Women in Saudi Arabia experience widespread discrimination in Saudi politics, economy and society.
In pre-Islamic Arabia, a variety of different marriage practices existed. The most common and recognized types of marriage at this time consisted of: marriage by agreement, marriage by capture, marriage by mahr, marriage by inheritance and Mutah or temporary marriage.
In Islam, morality in the sense of "non practical guidelines" or "specific norms or codes of behavior" for good doing, are primarily based on the Quran and the Hadith – the central religious texts of Islam – and also mostly "commonly known moral virtues" whose major points "most religions largely agree on". They include kindness, charity, forgiveness, honesty, patience, justice, respecting parents and elders, keeping promises, and controlling one's anger, love of God and those God loves, love of his messenger (Muhammad) and of believers.
Islamic family jurisprudence or Islamic family law or Muslim Family Law is the fiqh of laws and regulations related to maintaining of Muslim family, which are taken from Quran, hadith, fatwas of Muslim jurists and ijma of the Muslims. It contains pubertal, marital, sexual, child upbringing, adoption and fostering, inheritance, criminal and other related subjects. The subject mainly discusses on foster relationship, marriage, divorce, Ila, li'an, Raj'ah, Khul', Zihar, Iddah, custody and maintenance of children etc. From the political aspects, Muslim family law is a part of almost every national constitution of the world regarding religious (Muslim) laws, especially of the Muslim-majority countries.
In classical Islamic law, a concubine was an unmarried slave-woman with whom her master engaged in sexual relations with her consent. Concubinage was widely accepted by Muslim scholars in pre-modern times. Most modern Muslims, both scholars and laypersons, believe that Islam no longer permits concubinage and that sexual relations are religiously permissible only within marriage.
position of women responsibilities in pre islamic arabia.
Buried beneath earth and settled therein, without any appurtenances of burial, or a pillow on which the dead are given homage
That the buried newborn, did not receive from his mother's inclemency as much as did all of Thuhul and 'Amer
we do not find in what remained, any mention by the poets of the word wa'd (infanticide) or its derivatives, except in rare cases
[...] coitus interruptus, intended to prevent the birth of both male and female infants, is designated in Hadith literature as 'hidden wa'd' (wa'd khafiyy) [...]
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