Women’s Economic Roles in Islamic Law: Fiscal Responsibilities Towards Women – Shaykh Muhammad Carr
This is the first in a series of articles based on the On-Demand Course Women’s Economic Roles in Islamic Law which offers a deep dive into the economic roles and responsibilities of women as outlined in Islamic sacred law by examining both historical and contemporary perspectives.
In the framework of Islamic teachings, fiscal responsibilities towards women are embedded within a holistic understanding of partnerships, rights, and obligations. Marriage, for instance, is defined as a partnership, where both parties – husband and wife – have rights that correlate with certain obligations. Recognizing this dynamic is crucial to understanding the fiscal responsibilities that fall upon men regarding the women in their lives, whether they are wives, daughters, or mothers.
Islamic Perspective on Rights and Obligations
The Quran guides us in these matters, reminding us to engage in transactions with fairness and mutual consent. The verse, “O you who believe, do not consume one another’s wealth unjustly, nor send it [in bribery] to the rulers in order that [they might aid] you [to] consume a portion of the wealth of the people in sin…” (Quran, 2:188), emphasizes the importance of ethical dealings in partnerships, including marriage.
In Islam, every relationship is viewed holistically. When addressing disputes or issues, it is vital to consider both perspectives. For example, when a husband seeks guidance, it is equally important to hear the wife’s viewpoint before forming a judgment. This approach underlines the idea that Islam does not favor one gender over another but seeks a balance where both parties’ rights and responsibilities are acknowledged and respected.
Rights of Women: Mothers, Daughters, and Wives
When discussing the roles of women in this context, we can consider various stages in a woman’s life – she may be a daughter, a wife, or a mother. Each role carries its own rights and obligations, which are essential to understand for a harmonious partnership. For example, while a mother has certain rights, so do daughters and sisters, each with varying degrees of financial responsibility attributed to them based on their circumstances.
1. Wives
In Islamic law, the concept of nafaqah, or maintenance, plays a pivotal role in marital relationships. When a couple marries, the husband is contractually obliged to provide maintenance for his wife. This encompasses food, clothing, and shelter. However, this obligation is not unconditional—it is rooted in mutual access and responsibility within the marriage.
In Islam, marriage is not merely a social contract but a partnership that encompasses both emotional and financial dimensions. Each party has rights and obligations, which necessitates a reciprocal understanding. For instance, while a wife possesses rights as part of this partnership, she also has corresponding obligations. It is crucial to approach this topic with the understanding that fulfilling one’s obligations is necessary to claim one’s rights.
Consider the analogy of employment: as an employee, you have rights to your salary, but those rights are contingent upon fulfilling your work obligations. Similarly, in a marital relationship, a wife can rightfully demand her rights only after she has fulfilled her obligations as a partner.
The financial dynamics between a husband and wife can become more complex when the wife is economically active. If a wife is employed and earning her own income, questions arise about her financial independence and her husband’s continued obligation to provide maintenance. While the husband is still contractually obliged to provide maintenance, the nature of this obligation can shift if the wife’s employment restricts her availability.
Moreover, Islamic teachings encourage women to educate themselves about financial matters, particularly in the context of changing life circumstances, such as becoming a widow or experiencing divorce. These “points of change” can significantly impact a woman’s financial well-being, and being prepared for such shifts is not only practical but also aligned with Islamic values.
2. Mothers
The fiscal responsibility towards mothers is profound and unwavering. The Quran emphasizes this duty, highlighting the importance of treating parents with kindness and fulfilling their needs (Quran 17:23).
Situations Affecting Maintenance Obligations
- Mothers with Income: If a mother has a source of income, such as a job or pension, her financial need for support diminishes. In this case, children may not be obligated to provide maintenance since she is able to sustain herself.
- Mothers Lacking Wealth: If a mother has no wealth and is unable to work, her children bear the full responsibility of her care. This applies even if she possesses the qualifications to work but chooses not to. In such instances, children cannot coerce her to seek employment; instead, they must fulfill their obligations willingly.
Shared Responsibilities Among Siblings
When a mother has multiple children, the financial responsibilities are collective. If she has sons, all sons are equally obligated to support her. The same holds true for daughters. In families with both sons and daughters, both are generally responsible for providing support to their mother, reflecting the collective duty to care for parents.
Financial Decisions and Asset Management
In situations where a child lacks income but possesses assets, the obligation to provide for a mother persists. If necessary, assets can be liquidated to fulfill the duty of support. For example, if a son has a house but no income, he may need to sell the property to ensure his mother is cared for.
Obligations Toward Non-Muslim Mothers
A common misconception is that if a son embraces Islam while his mother remains a non-Muslim, his obligation to care for her diminishes. However, Islamic teachings affirm that children must honor their responsibilities toward their parents regardless of their faith. The Quran emphasizes this obligation, stating: “And We have enjoined upon man [care] for his parents” (Quran 29:8). This means that a child must continue to look after their mother, even if she does not share the same religious beliefs.
Financial Support: Maintenance vs. Inheritance
In discussions about financial obligations, it’s crucial to differentiate between maintenance and inheritance. While children do not inherit from non-Muslim parents, their duty to provide maintenance does not cease. The maintenance for a non-Muslim mother remains intact; children are always responsible for her support, irrespective of her religious affiliation.
3. Daughters
The responsibility extends to daughters as well. In the context of familial support, parents have the obligation to maintain their children until they reach maturity or independence. If the parents are unable to provide due to financial constraints, the onus does not shift to the children; rather, the parents must strive to fulfill their obligations as best they can.
A recurring question that arises in many discussions is: to what extent are parents responsible for maintaining their children? In Islam, parents are obliged to provide for their children when they are minors or incapable of providing for themselves. However, what happens when external support, such as government grants, comes into play?
Consider the case where a child receives a grant, such as in Australia, where the government provides substantial financial support. The question then arises: should the parent still be responsible for providing maintenance? In such scenarios, the government’s assistance alleviates the need for parental support. Therefore, the financial obligation of the parent diminishes because the child is being taken care of through external means.
However, Islamic scholars emphasize that parents, if they have the means, should continue to provide for their children out of care and love. For example, even if a child is wealthy or receives financial support, a parent might choose to manage their child’s finances responsibly, ensuring their well-being. Yet, it is important to note that this is not an obligation if the child is capable of sustaining themselves.
In conclusion, the fiscal responsibilities towards women in Islam are clear and structured, rooted in principles of partnership and mutual obligation. Whether as wives, mothers, or daughters, women hold significant rights that require acknowledgment and fulfillment by their male counterparts. This intricate balance reflects the beauty of Islamic teachings, promoting a society where the rights and needs of every individual are met with fairness and respect.
Alhamdulillah for the guidance of Islam, which offers a comprehensive framework for understanding and fulfilling our responsibilities towards one another.
