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In the case where a man suspects his wife of adultery or denies the legitimacy of the offspring, his testimony is worth that of four men. Sura 24.6: "If a man accuses his wife but has no witnesses except himself, he shall swear four times by God that his charge is true, calling down upon himself the curse of God if he is lying. But if his wife swears four times by God that his charge is false and calls down His curse upon herself if it be true, she shall receive no punishment." Appearances to the contrary, this is not an example of Koranic justice or equality between the sexes. The woman indeed escapes being stoned to death but she remains rejected and loses her right to the dowry and her right to maintenance, whatever the outcome of the trial. A woman does not have the right to charge her husband in a similar manner. Finally, for a Muslim marriage to be valid there must be a multiplicity of witnesses. For Muslim jurists, two men form a multiplicity but not two or three or a thousand women.
In questions of heritage, the Koran tells us that male children should inherit twice the portion of female children:
4.11-12. A male shall inherit twice as much as a female. If there be more than two girls, they shall have two-thirds of the inheritance, but if there be one only, she shall inherit the half. Parents shall inherit a sixth each, if the deceased have a child; but if he leave no child and his parents be his heirs, his mother shall have a third. If he have brothers, his mother shall have a sixth after payment of any legacy he may have bequeathed or any debt he may have owed. To justify this inequality, Muslim authors lean heavily on the fact that a woman receives a dowry and has the right to maintenance from her husband. It is also true that according to Muslim law the mother is not at all obliged to provide for her children, and if she does spend money on her children, it is, to quote Bousquet, "recoverable by her from her husband if he is returned to a better fortune as in the case of any other charitable person. Therefore there is no point in the husband and wife sharing in the taking charge of the household; this weighs upon the husband alone. There is no longer any financial interest between them." (6) This latter point referred to by Bousquet simply emphasizes the negative aspects of a Muslim marriage-that is to say, the total absence of any idea of "association" between "couples" as in Christianity. As to dowry, it is, of course, simply a reconfirmation of the man�s claims over the woman in matters of sex and divorce. Furthermore, in reality the woman does not get to use the dowry for herself. The custom is either to use the dowry to furnish the house of the newly married couple or for the wife to offer it to her father. According to the Malekites, the woman can be obliged by law to use the dowry to furnish the house. Muslim law also gives the guardian the right to cancel a marriage-even that of a woman of legal age-if he thinks the dowry is not sufficient. Thus the dowry, instead of being a sign of her independence, turns out once more to be a symbol of her servitude.
The woman has the right to maintenance but this simply emphasizes her total dependence on her husband, with all its attendant sense of insecurity. According to Muslim jurists, the husband is not obliged under Islamic law to pay for her medical expenses in case of illness. Financial independence of the woman would of course be the first step in the liberation of Muslim women and thus it is not surprising that it is seen as a threat to male dominance. Muslim women are now obliged to take equal responsibility for looking after their parents. Article 158 of Syrian law states "The child-male or female-having the necessary means is obliged to take responsibility for his or her poor parents." The birth of a girl is still seen as a catastrophe in Islamic societies. The system of inheritance just adds to her misery and her dependence on the man. If she is an only child she receives only half the legacy of her father; the other half goes to the male members of the father�s family. If there are two or more daughters, they inherit two-thirds. This pushes fathers and mothers to prefer male children to female so that they can leave the entirety of their effects or possessions to their own descendants. "Yet when a new-born girl is announced to one of them his countenance darkens and he is filled with gloom" (sura 43.15). The situation is even worse when a woman loses her husband-she only receives a quarter of the legacy. If the deceased leaves more than one wife, all the wives are still obliged to share among themselves a quarter or one-eighth of the legacy.
Muslim jurists (7) are unanimous in their view that men are superior to women in virtue of their reasoning abilities, their knowledge, and their supervisory powers. And since it is the man who assumes financial responsibility for the family, it is argued, it is natural that he should have total power over the woman. These same jurists, of course, totally neglect changing social conditions where a woman may contribute her salary to the upkeep of her family-power over women remains a divine command and "natural" or "in the nature of things." Muslim thinkers continue to confine Muslim women to the house-to leave the house is against the will of God and against the principles of Islam. Confined to their houses, women are then reproached for not having any experience of the outside world! |
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