Legal Rights of Women in History - Islamic Law

Islamic Law

Main articles: Women in Islam and Early reforms under Islam See also: Islamic feminism and Sharia

In the early Middle Ages, an early effort to improve the status of women occurred during the early reforms under Islam, when women were given greater rights in marriage, divorce and inheritance. Women were not accorded with such legal status in other cultures, including the West, until centuries later. The Oxford Dictionary of Islam states that the general improvement of the status of Arab women included prohibition of female infanticide and recognizing women's full personhood. "The dowry, previously regarded as a bride-price paid to the father, became a nuptial gift retained by the wife as part of her personal property." Under Islamic law, marriage was no longer viewed as a "status" but rather as a "contract", in which the woman's consent was imperative. "Women were given inheritance rights in a patriarchal society that had previously restricted inheritance to male relatives." Annemarie Schimmel states that "compared to the pre-Islamic position of women, Islamic legislation meant an enormous progress; the woman has the right, at least according to the letter of the law, to administer the wealth she has brought into the family or has earned by her own work." Some have claimed that women generally had more legal rights under Islamic law than they did under Western legal systems until more recent times. English Common Law transferred property held by a wife at the time of a marriage to her husband, which contrasted with the Sura: "Unto men (of the family) belongs a share of that which Parents and near kindred leave, and unto women a share of that which parents and near kindred leave, whether it be a little or much – a determinate share" (Qur'an 4:7), albeit maintaining that husbands were solely responsible for the maintenance and leadership of his wife and family. "French married women, unlike their Muslim sisters, suffered from restrictions on their legal capacity which were removed only in 1965."