Protection of the rights of women under the Islamic legal system

Abstract

Islam recognizes women as having legal rights similar to those of men although their rights like their duties are not in all cases identical with those of men. The main reason for this is that under Shari’ah, men and women play different roles in life as a result of their biological make up or attributes. As a result of this, the different roles which men and women play in the family and society inform the rights as well as the duties assigned to each under Shari’ah. It is therefore not surprising that under Shari’ah, the different duties as assigned, and the different legally binding rights as recognized and protected, are seen as a part of the balanced System, taking into account the individual, the family and society at large. This paper argues that with the coming of Islam and Islamic Law, women started enjoying a new lease of life and that Islamic Law guarantees and protects the rights of women as against the erroneous conception of the Western countries