The issue of women occupies a prominent place in contemporary Islamic fatwas. According to Egypt's Dar Al Ifta, “fatwas concerning women” constitute 25% of the total topics of fatwas in the Islamic world. This percentage rises to 45% in Arab countries, most of which related to family relations, inheritance, women's work, their rights, and similar issues.
In the following lines, we will review some fatwas issued by different Islamic currents (Salafi, Centrist, and Reformist) to observe the extent of agreement or disagreement in addressing social issues, starting with the issue of gender equality.
Islamic currents unanimously reject the absolute equality between men and women, considering the term “gender equality” to be a suspicious term used by the enemies of Islam to contradict the rulings of Allah and challenge His Sharia, as stated by Saudi preacher Muhammad Salih al-Munajjid.
He emphasizes the sexual differences, claiming that they are “established in the Sharia of the Lord of the Worlds, and we are not ashamed of their existence but proud of their legislation, as Allah has given women a different role in life compared to men. The differences in creation, composition, voice, and appearance are undeniable, and if these differences exist, it is natural that some differences in rulings follow.” Thus, biological differences lead to differences in human functions and roles, with the woman's role being childbirth and maintaining family life, while the man's role is to provide sustenance.
Centrists support the idea of linking biological differences to the different roles of genders. In a question addressed to the “Islamweb” site about equality, the fatwa committee responded, “Absolute equality between the genders is unjust to them both, according to rational people and those with sound nature. Reason and nature affirm that each has its characteristics based on its intellectual, psychological, and physical composition, which clearly differs from the other. Is it reasonable for their roles to be equal with this difference?”
However, the fatwa adds a new dimension to the issue of biological differences, making it a reason for the man's guardianship (Qawamah) over the woman. It explains that this guardianship is only established to help the woman focus on performing her major role, as it is unreasonable to ask her to manage household affairs, care for children, and work to provide for her family simultaneously.
While opinions agree on the issue of gender equality, there are other issues where opinions vary, such as the issue of paid work for women outside the home. The general premise in religious discourse is that the default is for women to stay at home. This view is adopted by the fatwa committees in Kuwait, which stated in a fatwa about the ruling on women leaving their homes, “The default for women is to stay at home to raise children and take care of the husband and family's affairs, as Allah says, 'And abide in your houses.' (Al-Ahzab: 33) If she goes out for a valid reason, it is permissible with the permission of her husband or guardian,” while observing the Sharia regulations.
Despite this premise, the Centrist current adopts flexibility regarding women's work. This is evident from a fatwa presented by a nurse to the “Islamweb” site, asking about the ruling on her returning late at night and leaving a job that provides her with a suitable income. The response was: A woman returning from work at night does not prevent her from working if she feels safe at that time. It is a mistake to say that a woman should not earn a lot of money, or that she should not advance academically, or that this may delay her marriage. On the contrary, a woman's education and work might be reasons for her marriage, as some people desire such women, especially in these times when life has become more difficult. It is known that wealth is one of the things that attract men to women, as mentioned in the prophetic hadith: “A woman is married for four things, i.e., her wealth, her family status, her beauty and her religion. So you should marry the religious woman (otherwise) you will be a losers.”
Similarly, Sheikh Yusuf al-Qaradawi, in his response to a question about Sharia boundaries for women's work, states that a woman's primary role is to stay at home and care for her family. However, he immediately clarifies, “This does not mean that working outside her home is prohibited. No one has the right to forbid something without a correct and explicit Sharia text. The default for ordinary actions and behaviors is permissibility, as is known. Therefore, a woman's work is permissible and might even be desirable or obligatory if she needs it, such as being a widow or divorced with no source of income, and capable of earning a living to avoid begging or dependence.”
Conversely, the Salafi current adopts a strict stance. Although its advocates acknowledge that paid work for women is permissible, this permission does not resonate in their fatwas. For instance, a fatwa on the “Islamqa” website, where a woman who teaches Anglo-Saxon literature and civilization at a university seeks to expose biases in Western views of Islam and connect students to their civilization and its merits, asked about the permissibility of her work with these intentions.
Sheikh Salih al-Munajjid responded that the default is for women to stay at home. If there is a permissible need or benefit for her or the Muslim community, she may go out if she adheres to Sharia regulations, such as wearing the hijab, lowering her gaze, and avoiding mixing with men. However, he then linked working to potential fitnah (temptation), citing prophetic hadiths without clarifying their relevance to the context, concluding that any work leading to fitnah must be avoided. He concluded that the woman's work falls into two cases:
- All her students are women, in which case her teaching is permissible because the default in things is permissibility.
- Her students are a mix of men and women, in which case the work involves prohibited actions like mixing. Therefore, the benefit of the work “may or may not be achieved, and it is not permissible for a Muslim to engage in a prohibited act for a presumed benefit,” concluding that it is not permissible for her to work in a mixed university.
From the above, it is understood that there are commonalities among Islamic discourses regarding women's issues, such as rejecting the idea of absolute equality and prioritizing family for women. However, there are also differences that should not be overlooked, such as the conditions and permissibility of women's work.
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