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Omar Hasan Kasule Sr. MB ChB (Makerere University Kampala Uganda) MPH (Harvard, USA), DrPH (Harvard, USA) Professor of Epidemiology and Islamic Medicine University of Brunei and Visiting Professor of Epidemiology University of Malaya.
Introduction
This paper introduces and discusses some basic concepts on the gender issue. These concepts will be the basis for a subsequent article analyzing Islamic legal provisions that assure rights and obligations of the 2 genders while at the same time assuring gender equity.
Gender identity
Gender identity is self-recognition as a male or a female. It may coincide or not coincide with biological gender. The biological basis for gender identity exists at birth in most people in the form of distinct external genitalia. Both physiological and social factors contribute to formation of a definitive gender identity. By the age of 7 basic gender identity is established and is difficult to modify later. Issues of gender identity become more complicated in cases in which the biological gender is ambiguous.
Gender awareness
Gender awareness develops very early in children. Sexual awareness develops towards puberty. Innate knowledge or awareness of gender is reinforced by the child's observation of anatomical and behavioral differences between men and women. Socialization also plays a role in strengthening gender awareness.
Gender-based roles
Islamic teachings and most traditional societies assign gender-based social roles as a form of efficient labor division in society. Many animal societies have also been observed to accept gender-based roles. The acceptance of gender roles as a norm has been predominant for millennia until it was disputed by modern European secular culture. However this culture has inconsistency in its ideas about gender and equality. Insistence on exactly the same roles for men and women is biologically and socially illogical. Roles of men and women cannot be exactly the same because males and females are different. Treating dissimilar persons in the same way enhances and does not relieve inequality.
Gender parity
For proper functioning of human and animal societies, it was necessary to have gender parity. The Qur'an has taught the issue of parity as a general phenomenon in creation. Parity in gender, zawjayn, with emphasis on complementary relations between males and females is just one example of parity found in other living and non-living things. We will subsequently discuss issues of equity, equality, justice, and division of labor that are associated with parity.
Gender balance
On the demographic level, there should exist equal numbers of males and females. This is maintained in a normal social setting. In abnormal situations the balance may be lost leading to social problems. One of the signs of the impending Last Day, yawm al qiyamat, will be gender imbalance with too many women for few men[1]. This will be associated with many evils including fornication [2]
Gender distinction
Allah created 2 different and distinct genders as a pair[3, 4, 5]. The male is different from the female [6] although ultimately both are from the same source[7, 8, 9, 10]. Each gender is encouraged to maintain its biological, psychological, emotional, and social identity. This is for the purpose of facilitating and regulating relations between the two genders for the good of the whole society. Parity, zawjiyat, is a basic phenomenon of creation that requires that men and women complement one another each bringing to the relationship unique features of the respective gender identity. This complementation would be meaningless if the two genders lost their separate identities
Blurring gender distinction:
Islamic Law considers any blurring of the gender distinction between males and females as highly undesirable. This applies to the way of dressing, talking, behaving and socializing. Effeminate men must not be allowed to enter homes [11]. Severe condemnation is reserved for men who try to appear like women, mukhannath, and women who try to appear like men, mutarajjil and those who try to resemble the opposite gender, mutashabihiin and mutashabihaat [12, 13]. The Law specifies acceptable clothing and other bodily ornamentation for men and women. Men are forbidden from wearing silk [14] or gold [15].
Gender discrimination:
All human societies have been guilty of some degree of gender discrimination. In the pre-Islamic era, jahiliyyat, there was despise for females. There was preference for male births and hatred for females; parents were sad on birth of a daughter and infant daughters were considered a blemish [16]. They were buried alive, wa'ad al banaat [17]. Women were inherited as goods [18] and were denied the good things of life [19].
Gender in the Qur'an:
The Qur'an has many verses that relate to the gender issue; we will here discuss only some of them. Males and females are from the same creation[20]. Males and females are allies of one another[21]. Males and females get equal reward for work that they do[22]. Women made the pledge of allegiance to the prophet just as men did [23]. This reaffirmed their equal participation in the political affairs of the Muslim state. The testimony of one woman is equal to that of one man in accusations of marital infidelity [24]. Like men some women are good and others are not. The Qur'an gave the wife of Pharaoh and Mariam as examples of god women[25]. It gave the wives of Nuh and Lut as examples of bad women[26] .
Gender in the sunnat:
There are many ahadith that provide a glimpse on the gender issue and we will quote a few. Women like men should be allowed to attend masajid [27] . They used to attend fajr prayers in the prophet's mosque[28]. They were allowed in the mosque at night[29]. The prophet (PBUH) set aside a special time for teaching women [30]. Women pledged allegiance to the prophet just as men did [31]. Women participated in war side by side with men [32]. Women can go out of their houses to fulfill their needs [33]. Despite many equal or similar challenges and responsibilities, women should not behave like men because they are different.
Islam and the woman's rights and obligations
Islam has emphasized gender identity while rejecting all forms of discrimination against the woman on the basis of her gender. The Qur'an makes it clear that both Adam and Hawa were misled [34]. They both sought forgiveness from Allah [35]. In 2 verses it is Adam and not Hawa who is mentioned as seeking forgiveness[36, 37]. Human sexuality could be a cause of corruption. Women because of their sexual attractiveness can be a source of temptation. This has been misunderstood as derogatory to the moral standards of women. In practice it is men who are more often the active or aggressive party in sexual corruption and should take the blame. Any situation of corruption involves both a man and a woman and both are morally guilty. Islamic Law equalizes their guilt and their punishment [38]. In the same way Islam equalizes their reward for good work [39, 40, 41, 42, 43]. Men can also be a sexual attraction as the Qur'an tells us in the story of Yusuf (PBUH). His beauty was a temptation for women [44] .
Gender as a non-Issue if Islamic Law is applied:
Gender is a subject of contemporary controversy and intellectual debate for which Islamic Law has adequate solutions if properly applied. From the Muslim perspective, behavior and practice of many Muslim societies is at variance with the correct and original Islamic teachings. Stereotyping makes it difficult to discuss gender issues logically because observations of deviant practices by some Muslims are seen as if they represent Islamic teachings. The issue of gender seems very clear from the Islamic perspective but even some Muslim intellectuals have been confused when they discuss gender from a defensive perspective following attacks by Europeans on certain practices in Muslim societies.
NOTES
2. Bukhari Kitaab al Ashribat Hadith # 5255.
15. Bukhari Kitaab al Libaas Baab 24 Hadith #5493.
29. Muslim Kitaab al Salat Hadith #138, 139.