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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]
There is a great deal of scholarly debate concerning the prevalence of infanticide, more specifically female infanticide in pre-Islamic Arabia. The pre-Islamic era, known as the age of Jahiliya, meaning the age of barbarism, darkness, and ignorance of God's guidance comes directly from the Quran (3:154, 5:50, 33:33, 48:26). Pre-Islamic era is the time before the birth of Muhammad and the rise of Islam. The absence of reliable historical sources and factual information, aside from Islamic traditionists' sources and stories, make ascertaining the truth about the pre-Islamic way of life and culture almost impossible to substantiate. [10] Some scholars rely on the Quran and Hadith to gain information about pre-Islamic Arabia. Since there was no fully developed system of writing in Arabia during this time period, the sources are limited to traditions, legends, proverbs and above all to poems; most of which were not recorded in writing for an additional two to four hundred years later, during the second and third centuries of the Hijrah. [11] In rare cases we find sources of infanticide recorded in Arabic poetry. [12] [13] [14] [15]
Historically, the various cultural purposes of the practice of infanticide in other societies over time has been the reduction of population numbers, removal of defectives which includes babies with physical abnormalities and sick infants, elimination of social illegitimates, manipulation of sex ratio, or reactions to the loss of the mother during childbirth. [16] Specifically, the Quran mentions the presence of infanticide in the Arabian society during Jahiliya. Infanticide in the Quran is referred to as "qatl al-awlad" which means killing children both males and females. Outside of the Quran, namely in the Hadith-literature, it includes broader actions like coitus interruptus, called "wad khafiyy" [17] or hidden infanticide, and abortion known as "ijhad", [18] as well as to kill a newborn whereby the practice to bury the infant alive so no blood was shed was considered humane and hence not murder. [19] A description is given of digging a hole next to the mother and when she gives birth to an unwanted female child, although on occasion it might also be a male child, the newborn was directly buried in the hole). Other ways of committing infanticide have been mentioned in the fiqh collections, as well the hadith reports that include hurling infants off of cliffs and drowning them in wine and leaving them in the woods for wild animals. [20]
According to interpretations of the Quran, infanticide was a means for the prevention of poverty and considered to be solution for the liability of a female child. Some sources indicate that males were considered stronger in pagan tribal societies and females were an economic burden, especially during times of famine because they were less useful. The father's disappointment and fear of the female being held captive by an opposing tribe, which would bring shame to the family. [21]
Concubinage is an interpersonal and sexual relationship between two people in which the couple does not want to, or cannot, enter into a full marriage. Concubinage and marriage are often regarded as similar, but mutually exclusive.
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 broadly illegal, but in some places the practice is tolerated, or the prohibition is not strictly enforced.
Female infanticide is the deliberate killing of newborn female children. Female infanticide is prevalent in several nations such as China, India and Pakistan. It has been argued that the low status in which women are viewed in patriarchal societies creates a bias against females. The modern practice of gender-selective abortion is also used to regulate gender ratios.
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.
In Islam, nikah is a contract exclusively between a man and woman. Both the groom and the bride are to consent to the marriage of their own free wills. A formal, binding contract – verbal or on paper – is considered integral to a religiously valid Islamic marriage, and outlines the rights and responsibilities of the groom and bride. Divorce in Islam can take a variety of forms, some executed by a husband personally and some executed by a religious court on behalf of a plaintiff wife who is successful in her legal divorce petition for valid cause. Islamic marital jurisprudence allows Muslim men to be married to multiple women.
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.
Gender roles in Islam are based on scriptures, cultural traditions, and jurisprudence.
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.
Islamic Inheritance jurisprudence is a field of Islamic jurisprudence that deals with inheritance, a topic that is prominently dealt with in the Qur'an. It is often called Mīrāth, and its branch of Islamic law is technically known as ʿilm al-farāʾiḍ.
Many social changes took place under Islam between 610 and 661, including the period of Muhammad's mission and the rule of his four immediate successors 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.
The topic of Islam and children includes Islamic principles of child development, the rights of children in Islam, the duties of children towards their parents, and the rights of parents over their children, both biological and foster children.
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.
Breastfeeding is highly regarded in Islam. The Qur'an regards it as a sign of love between the mother and child. In Islamic law, breastfeeding creates ties of milk kinship that has implications in family law. Muslims throughout the world have varied breastfeeding traditions.
Khitan or Khatna is the Arabic term for circumcision, and the Islamic term for the practice of religious male circumcision in Islamic culture. Male circumcision is widespread in the Muslim world, and accepted as an established practice by all Islamic schools of jurisprudence. It is considered a sign of belonging to the wider Muslim community (Ummah).
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.
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 a slave-woman with whom her master engaged in sexual relations. 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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