The Women in Syura

Some people still imagine that Muslim women face unnecessary restrictions or discrimination in Islam. Though women's position in Islam is unique, unprecedented, and highly appreciated, some writers, mostly from the West, attempt to cast doubts over it. Among the points that seem to be controversial and debatable in this regard is women's eligibility for leadership and holding pubic positions in Muslim communities.

1. Men and Women: Equal, Not Identical

In fact, both women and men are equal in Islam. So, Islamic Shari`ah never discriminate between people, men and women. Women enjoy as equal rights as men. Prophet Muhammad (peace be upon him) said in a hadith,

"Women are men's counterparts" (Abu Dawud, Sunan)

Also, the Quran unequivocally emphasizes that men and women are equal:

(O mankind! We have created you from a male and a female, and made you into nations and tribes that you may know one another. Verily, the most honorable of you with Allah is that (believer) who has At-Taqwa. Verily, Allah is All-Knowing, All-Aware.) (Al-Hujurat 49: 13)

This is one of the manifestation of equality between men and women in Islam:

* Both women and men are equally addressed by religious ordinances ofShari`ah such as prayer, fasting, hajj, zakah, decency, etc. For instance, we read in the Quran,

(Tell the believing men to lower their gaze and be modest. That is purer for them. Lo! Allah is Aware of what they do. And tell the believing women to lower their gaze and be modest.) (An-Nur 24: 30-31)

2. Context of the Hadith on Women's Leadership

There is a hadith that Imam Al-Bukhari reports from Abu Bakrah that:

"Allah provided me with considerable benefit during the battle of the camel with one word (or one statement). When news reached the prophet (peace be upon him) that the Persians had appointed Chosroe's daughter as their ruler, he said: ''A nation which placed its affairs in the hands of a woman shall never prosper!'' (Al-Bukhari, Al-Jami` as-Sahih)

So, this hadith has a special meaning and an occasion that should be considered when interpreting this hadith, as it signifies that the Prophet (peace be upon him) foretold his companions that the Persian empire would come to an end.

Some people literally interpret and rely on the above hadith to say that a woman cannot be a leader. However, the fact is that there has never been unanimity on this matter among Muslim scholars, past and present.

From the earliest days of Muslim scholarship, even those jurists who implicitly accept the hadith above as containing some injunction have differed on the meaning of ''placing affairs in the hands of a woman''. While some prohibit women from all public duties, others hold the opposite view. Abu Hanifah, for instance, permits a woman to be a judge in matters in which her testimony is admissible. Ibn Jarir Al-Tabari, as Ibn Hajar reported in his Fat-h al-Bari, does not only support the unrestricted appointment of women to judgeship, he permitted also her appointment as Head of State. A similar view is reported from Imam Malik Ibn Anas and adopted by some Maliki jurists.

Given the above, it becomes evident that a qualified woman may be elected or appointed in any leading position in the Muslim community or state. She could be a head of a government, a university, a company, etc. However, many Muslim scholars see that a woman can hold any public position if she is well-qualified to. What matters, then, is promoting people's public interests and adherence