NewlyeditedAmaoAhmad THS502 The Rights of Women in The Three Abrahamic Religions

The Rights of Women in the Three Abrahamic Religions
The Rights of Women in the Three Abrahamic Religions: (Judaism, Christianity and Islam)
A Comparative Study
Name: Amao, Ahmad
Student Id: ST101118716
Course Code: THS 502
Supervised by :
Dr. MdYousuf Ali
Thesis submitted in partial fulfillment of the requirements for the degree

of
Master of Arts
(Islamic Studies)
Department of Islamic Studies, Islamic Online University
July 2020
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Abstract
Almost all God’s creatures are in pairs, both concrete and abstract, animates and
inanimate. Homosapiens are males and females. There is at least a divine purpose
behind every creation and numerous benefits accompanying divine legislations. Men
and women were created with the same soul but the different in their anatomy and
physical structure. This difference does not in any way make one inferior or superior to
the other. It is a mere suggestion of different roles and responsibilities of each at home
and in the society at large. However, failure to sincerely recognize and appreciate this
simple fact has created a lot of gender challenges to the world over decades. Women
are being treated differently across cultures and religions. The Western world therefore
perceives most of the cultural and religious approach towards women as a form of
cruelty and injustice. As a result, they embark on campaign for emancipation of women,
gender equality (in spite that, male and female compete separately at Olympic and
other sport events), woman rights, liberalism etc. Hence, this work attempts to examine
the rights of women in the three Abrahamic religions with emphasis on marriage,
polygyny, divorce inheritance and their similarities and differences. It uses the religions’
Sacred Books as the main source of information as well as literatures of both classical
and contemporary scholars.This thesis would therefore be a source of enlightenment
especially to female.
Key words: women, rights, marriage, Abrahamic religions.

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CHAPTER ONE
1.1 Background of the Study
1.2 Statement of the Problem
1.3 Objectives of the Study.
1.4. Research Questions
1.5. Methodology of the Study
1.6. Scope and Significance of the Study
CHAPTER TWO
2.0 Literature Review Women’s Position and Rights in the ancient civilization (From
Religious Perspectives)
2.1.1 Historical Background of Judaism
2.1.2. Jewish Beliefs
2.1.3. Founder of Judaism
2.1.4. Jewish Holy Books
2.2.1. Historical Background of Christianity
2.2.2. Impacts of Paul on Christianity
2.2.3. The Persecution
2.2.4. Branches of Christianity
2.3.1. Historical Background of Islam
2.3.2. Migration to Yathrib

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2.4.0. Women in Ancient Civilizations
2.4.1. Women in Ancient Greece
2.4.2.0. Women in Ancient Rome
2.4.2.1. Divorce in Ancient Rome
2.4.2.2. Legal and Economic Life of Ancient Roman Women
2.4.2.3. Female Child Education in Ancient Rome
2.5. Gender Equality
2.6. Abortion of female fetuses
2.7. Social Rights
CHAPTER THREE:
3.0. Position and Status of Women according to the Three Abrahamic Religions
3.1. Position of Woman in Judeo-Christianity
3.1.1. The position of Respect
3.1.2. Women as Teacher
3.1.3. Women as Mothers
3.1.4. Women as Wives in Judeo-Christianity
3.1.5. Women as Wives in Rabbinic Literature
3.1.6. Women as Daughters in Judeo-Christianity
3.1.7. Custody and Support
3.2. Position of Women in Islam
3.2.2. Women as Wives
3.2.3. Women as Daughters

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CHAPTER FOUR: Marriage
4.1.1. Marriage in Islam
4.1.2. Conditions for Marriage in Islam and Prohibited Partners in Marriage
4.2.1. Marriage in Christianity.
4.2.2. Conditions for Marriage and Impediments in Christianity
4.3.1. Marriage in Judaism
4.3.2. Impediments to marriage in Judaism
4.4.1. Polygamy in Africa: A Socio-Cultural Phenomenon
4.4.2. Polygyny in Judaism
4.4.3.0. Polygyny in Christianity
4.4.3.1. Influence of Monogamous environment on the Early Church
4.4.3.2. Between the Church and Polygyny
4.4.3.3. China Resolution of Synod of Chao-Hwei-chow
4.4.4. Objections against Polygamy and Its Refutations
4.5.1 Polygyny in Islam
4.5.2. Circumstances which might Necessitate Polygamy
4.5.3. Conditions for Polygamy
4.6.1. Divorce
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4.6.2. Causes of Divorce
4.6.3. Consequences of Divorce
4.6.3.1. Effects of Divorce on Children’s Behaviour
4.7. Divorce in Judaism
4.8.1. Divorce in Islam
4.8.2. Women’s Right to Divorce
4.9.1. Divorce in Christianity
4.9.2. Biblical Measure to Prevent Divorce
CHAPTER FIVE: Women’s Rights
5.0. Inheritance
5.1. Inheritance in Christianity (as a daughter, wife and mother)
5.2. Inheritance in Judaism (as a daughter, wife and mother)
5.3. Inheritance in Islam (as a daughter, wife and mother)
5.4.1. Rights and Duties of husbands and wives in Islam
5.4.2. Duties of Husbands
5.4.3. Duties of Wives
5.4.4. Common responsibilities
5.5.1 Duties of husband in Judaism
5.5.2 Duties of wives in Judaism
5.6.0. Duties of husband and wives in Christianity

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5.6.1. Duties of Wives
5.6.2. Duties of Husbands
5.7. Economic Rights of Women in Islam
5.8. Economic Rights of Women in Judeo-Christianity
5.9. Political, Social and Military Rights of Women in Judeo-Christianity
5.10. Political, Social and Military Rights of Women in Islam
CHAPTER SIX: DIFFERENCES, CONCLUSION AND RECOMMENDATIONS
6.1. Different attitudes towards women in the trio religion
6.2. Conclusion
6.3. Recommendations
CHAPTER ONE
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1.1. Background of the Study
Undoubtedly, women constitute an integral part of the society and their impacts
are greater than their population. Throughout the human history, the evidence shows
that they contributed immensely in various sectors according to their positions for the
well-being of humanity. In contemporary time, the western secularized views of
feminism, modernism, gender equality and liberalism deprive them of their dignity and
metamorphosed them as ‘cheap commodities and objects of advertisement’. There are
also issues, which undermine the rights of women such as maltreatment of women by
the usage of religions, neglect of girl child, selective abortion, empowerment of women,
socio-political freedom, professional freedom and so on. The present study investigates
the positions of women and their rights according to the three Abrahamic religions in
contemporary context.
1.2 Statement of the Problem
Frequent debates and discussions about male chauvinism, domestic violence,

abuse of women, low enrollment of female children into schools(especially in less
developed countries) , female genital mutilation, polygyny ,broken home and single
parenting etc in our societies should not only be discussed with secular views since the
majority of the masses are adherents of one faith or the other. Therefore, it is highly
important to explore the Holy Scriptures of the Abrahamic faiths in this context.
1.3 Objectives of the Study:
The main objective of this study is to examine the position of women and their
rights, specially, the study aimed:
i. To discuss the position and rights of women in accordance with the three
Abrahamic religions
ii. To examine the concepts of marriage and divorce, ,their importance,

conditions/principles and effects according to the Abrahamic religions
iii. To evaluate the basic rights of women in various sectors and sphere i.e.
inheritance, husband and wife’s relations, education, social-political
freedom, economics, and professional occupations in contemporary context
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iv. To examine the similarities and differences among the three religions i.e.
Christianity, Judaism and Islam
1.4 Research Questions:
This research poses the following questions to meet the objectives of the study.
i. What are the concepts of women’s position and rights according to the
three Abrahamic religions?
ii. What are the concepts of marriage and divorce ,their importance,
principles, conditions and effects in accordance with three religions?
iii. What are the basic rights of women in various sectors and sphere as
inheritance, husband and wife relations, education, socio-political freedom,
economics and professional occupations?
iv. What are the similarities and differences among the three religions i.e.
Christianity, Judaism and Islam ?
1.5 Methodology of the Study
This research employs a qualitative approach to collect the materials and analyze
them. Library research will also be conducted from virtual library, books and articles will
be downloaded. Other literature of both classical and contemporary scholars will be
reviewed in this context. Also, audio-visual recorded lectures of seasoned comparative
preachers on this topic will be analyzed. Lastly, a comprehensive comparative study of
the literature will be done, highlighting women’s rights in the three religions i.e.
Christianity, Judaism and Islam.
1.6 Scope and Significance of the Study
From the foregoing, it is evident that there have been a lot of attentions on women’s
right feminism. Yet, much has not really been done comparatively on it. Hence, this
study will fill some of the gaps and also serve as enlightenment to women of the three
religions.
CHAPTER TWO
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2.0 Literatures Review
This chapter discusses and examines the literature review related to the study on
the positions and rights of women described in three religions i.e. Christianity, Judaism
and Islam. There is an exhaustive list of previous studies which discuss the issues
pertinent to the issues for this research. Historical backgrounds of the three religions
about women’s rights will be provided and some extensive researches have been done
in many aspects of women’s study. This chapter elaborates on women’s rights in the
Ancient civilizations from religious perspectives. In addition, this review also addresses
some differences about women’s positions and rights among the three Abrahamic
religions with focus on women’s position and rights according to the ancient
civilizations, women’s marriage, divorce, gender equality, and other aspects of life
discussed according to three religions.
The 9th edition of the Oxford Advance learner’s Dictionary defines religion as one of
the system of faith that are based on the belief in the existence of a particular god or
gods ,or in the teaching of a spiritual leader ;the Jewish religion, Christianity, Islam and
other word religions.
Fortunately, the three religions mentioned are the center of this study and also
monotheistic. They believe in the same Supreme Being; God, Allah and Eloah. Though,
they worship Him in different manners as dictated in by their respective Holy Scriptures
cum doctrines.
2.1. Historical Background of Judaism
Menachem Posner (2020) defined Judaism as the whole set of beliefs and practices
of the Jewish people as given by God, recorded in the Pentateuch and other sacred
writings of Judaism (Menachem, P. 2020). According to history.com, it is the oldest of
the three monotheistic religions dating back to 4,000 years, Christianity 2020 years and
Islam 1442 years (www.history.com 2020).
2.1.1. Jewish Beliefs

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It is the belief of Jewish people that God is the sole Creator and administrator of the
universe who has no children, rivals or helpers. He is omniscient. That God gave human
beings free will so that He can reward or punish each individual in this life or after death
accordingly. From the belief of Jewish people is long awaited Messiah from the
descendant of King David who will orchestrate the era of eternal peace and Godly
awareness. This messiah will lead the Jewish people back to the promise land and will
reconstruct the Holy Temple in Jerusalem and there shall be no death again
(Menanchem, P. 2020). However, there are some Jews who do not belief in the coming
of Messiah (www.history.com 2020).
The origin of Judaism is traced back to Abraham who according to Menachem, P.

(2020) was the first person to be called Hebrew and his descendant especially Judah the
dominant tribe from the sons of Jacob in Israel. Hence, the whole nation became
recognized
2.1.2 Founder of Judaism as Jews, and their belief Judaism. Also Jacob was identified as
Israel and his children Israelites (www.history.com and Menachem P. 2020).
Through Isaac, the Jewish people are descendants of Abraham whom God had made
covenant of becoming a great nation. Despite this, for hundreds of years, the Jewish
people (Israelite) suffered a great deal as slaves in Egypt under Pharaoh. After their
divine emancipation through Moses, they wondered for four decades in the wilderness
before entering their promised land where they built a Holy Temple in Jerusalem which
was annihilated around 587 BC. The Babylonians and pushed the Jewish people into
exile. It was rebuilt and further destroyed by the Roman invaders in 70AD (Menachem,
P. 2020)
2.1.3. The Jewish Holy Books
According to history.com, the Jewish sacred book Tanakh which is also known as
“Hebrew Bible” is the same as the Old Testament, the Torah. It formed the basis for
other manuscripts which interpreted and documented oral laws. And Mishnah was
compiled around 200A.D. to explain the previously orally communicated Jewish code of
Law. Also, Gemara is an explanation of Mishnah* both are contained in Talmud with
outlines of the importance of the 613 commandments of Jewish law and rabbis
interpretation. Both the first and second version of the Talmud were completed in the
third and fifth A.D. respectively (www.history.com).
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However, Menachem; P. 2020 affirmed the existence of 19 other Jewish sacred

books which are classified into Neviim and Ketuviim (Prophets and writings) aside the
Torah (Menachem, P.2020).
Jewish place of worship is called synagogue and most regular prayer is referred to as
Shema from the Torah. Their numerous holidays and festivals include. RoshHashanah
(the New year), Yom Kippur (day of atonement), Sukkot, Purim, Pesack (Passover) and
Shavuot. According to Menachem, P. 2020, Judaism is the natural religion of the Jews
though, some of them converted to other religions and there are some individual who
converted to Judaism via recognized rabbinical court (Menachem, P. 2020).
In human history, Jewish people have suffered series of persecution for one reason
or the other December 30, 1016 Granada Massacre is one experience. 1942 Jewish
expulsion from Spain is another and the holocaust in which over 6 million Jews were
killed is the greatest of their suffering and ordeal. (History.com 2020).
According to Jewishvirtuallibrary.org, as at 2019, the population of the Jew equals

14,707,400 with Israel, United States and France having more Jewish concentration than
any other countries. (Jewishvirtualibrary.org 2020 )
2.2.1. Historical Background of Christianity
According to Don Vaugham 2020, BBC.co.uk 2009 and History.com 2019, the
Christian creed is built on the birth, life, death and resurrection of Jesus Christ. Thus,
Christianity is a little over 2,000 years old and has more than 2 billion adherents
throughout the world. As one of the Abrahamic religions, Christians believe in the
existence of the Almighty God who shares divinity with the son and Holy Spirit, the
doctrine of Trinity (history.com 2019).
The symbol of Christianity is cross and its most significant holidays are Christmas – a
celebration of Jesus birth and Easter which commemorates his resurrection. As a result,
the Christians ardently believe in his second coming after he had ascended to heaven.
The Holy Scripture of Christianity is the Holy Bible. It comprises of the biographies of
Jesus Christ, some major Prophets, disciples, their teachings and instructions on how a
Christian should live his or her live. The Old Testament part of the Bible is followed by
Christians and Jews alike while only the Christians hold on to the New Testament
(history.com 2019). The first four books of the new Testament which contains the
biography of Jesus were composed around 40 years after the ascension of Jesus
between 70-100 A.D. and the remaining parts called ‘epistles’ were written by early
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Christian leaders, ‘Acts’ of the Apostles describes the Ministry, the death of Jesus,
Revelation, prophesies, and the incidents of the end time. (history.com)
Since Jesus Christ is the center of Christianity, it is pertinent to give a summary of his
biography here.
Jesus was miraculously born to Mary, a Jewish virgin lady in Bethlehem of today’s
Palestine between 2B.C. and 7B.C. and the main source of his biography is the New
Testament. Despite that, little is known in the New Testament of Jesus’ Childhood.
(www.bbc.co.uk, 2014). But much of it is recorded in the Apocryphal Gospels of Pseudo-
Matthew and St. Thomas, Arabic and Armenian infancy Gospels. (Danielle, Peters M.
2020)
The intention of King Herod to destroy Jesus orchestrated the flight of Mary, Jesus
and Joseph, the carpenter to Egypt and their return after Herod’s death, thus Jesus grew
up in Nazareth (Matthew 2:1-23). The book of Matthew 3 gave the account of Jesus’
baptism in the hand of John the Baptist at Jordan when Jesus Christ was about 30 years
of age and his mission lasted for 3 years which was full of teachings, miracles and
healings as recorded in Matthew 14 and some other places in the New Testament. His
mission was supported by his twelve disciples. (www.bbc.co.uk 2014, the basics of
Christian history, history.com)
Afterwards, according to Matthew 27 and 28; Mark 16 Jesus was crucified for heresy,
buried and resurrected on Sunday, the third day after his crucifixion. For some days,
Jesus appeared to many of his disciple and was seen alive by many of his followers
before ‘he was received up into heaven and sat on the right hand of God’ (Mark 16:19)
(www.bbc.co.uk 2014).
2.2.2. Impacts of Paul on Christianity
If not for the missionary work of Saul who later became Paul after his dramatic
conversion to Christianity on his was to Damascus and his literary prowess to have
written 13 out of the 27 books of the New Testament, Christianity would not have
spread throughout the Roman Empire, Europe and to Africa (history.com, 2017,
www.bbc.co.uk 2008). Because, Jesus himself did not intend to form a new religion let
alone of spreading it but to reform Judaism. (history.com 2019) As such, Paul’s
theological concept of freedom from the Jewish law as signaled the resurrection of Jesus
and equal access to the Christian faith greatly assisted the development and spread of
Christianity (bbc.co.uk 2008).
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2.2.3. Persecution
Christianity and Christians suffered greatly in the royal hands of some Roman
emperors such as Nero who blamed and killed many Christian for the fire outbreak in
64A.D., Christianity was illegal under Domitan (81-96A.D.) the persecution was severe
during the reign of Diocletian and Galerius (284-305A.D.) (History.com 2019,
www.bbc.co.uk 2008).
Afterwards, the Christians had a sign of relief when Constantine became victorious
over his foes and he attributed it to the Christian God, thus, he announced his
conversion to Christianity which became the official religion in Rome. He gave
Christianity a new look. He recorded some level of Success in his attempt to unify
Christianity, as well as in the formulation and codification of the (Christian) faith which
resulted into the Nicene creed. (www.bbc.co.uk 2008, history.com 2019).
2.2.4. Branches of Christianity:
The fall of Roman Empire in 476 A.D. disintegrated the unity Christianity and
punctured the centralized authority held by Pope; paved way for sects and
denominations which was much aided by Martin Luther activities is 1571. Presently,
there are three branches of Christianity;
 The Eastern Orthodox governed by a Holy synod but without centralized authority
similar to the popes
 The Protestants, created by Martin Luther. It has many denominations with different
doctrines and interpretation of the Bible. (history.com 2019, www.bbc.co.uk 2008).
 The Catholic Church headed by the Popes
However, despite the disparity of doctrines among the sects and denominations of
Christianity, the life, teachings, death and resurrection of Jesus Christ formed the
bedrock of their faith. (history.com editors 2019).
2.3.1. Historical Background of Islam
Islam means peace and total submission to the will of God. It is a monotheistic
religion. Its origin is traced to 7th Century (610CE) in Makkah, Saudi Arabia with
Muhammad son of Abdullah as the messenger of God – Allah. During one of
Muhammad’s visitation to the cave of Hira where he used to meditate about God, angel
Jibreel appeared and revealed the Quran to him as message from God from then till the
rest of his life, he continued to receive the revelation. Thus, the Muslims believe that
the Qur’an is the exact word of God. ( American humanist.org2020, history.com 2019).
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According to the Prophet Muhammad, the teaching of Islam is based on 5 pillars

which of course is a unifying characteristic of Islam and they are:
The Shahadah: The testimony that there is no deity worthy of worship.
Save Allah-God and that Muhammad is His messenger
The Salaah: To observe five daily prayers
The ZaKaah: Alms-giving or Charity which is incumbent upon every Muslim whose
wealth has reached nisab (the minimum amount taxable). It is either one fortieth of
one’s annual net profit or 10% or 20% of Agricultural produce.
The Hajj: Holy Pilgrimage to Makkah. This is obligatory once in a life time of an able
Muslim.
The Sawm Ramadan: Fasting from dawn to dust for 29 or 30days in the month of
Ramadan, the 9th month of Islamic calendar (Hadith 3 or an-Nawawi,
Americanhumanist.org 2020).
However, despite that the Islamic ideology as preached by Muhammad was in

contrast to the belief system (idolatry) in Makkah, the new faith continue to grow in
number. This angered the idolaters of Makkah and made them embark on the
persecution of the Muslims and Muhammad himself throughout his thirteen years of his
mission in Makkah and this eventually led to the migration of the Muslims at various
time.
2.3.2. Migration to Yathrib (Hijrah) 622 CE
Subsequently, when the intensity of the persecution reached its peak, Muhammad
and many of his followers flee to Yathrib which later became Madinah. This Hijrah
(religious migration) became a turning point in the history Islam as well as a point of
reference as it marked the beginning of the Islamic calendar. (American-human.m.org
2020, history.com 2019).
Eventually, Madinah became the capital of Islam during Muhammad’s life time.
Afterwards, there was series of battles (Badr, Uhud, and Khandaq) between the Muslim
in Madinah and the idolaters of Makkah. Then, the Makkans violated the treaty of
Hudaybiyyah of 628CE/6A.H. And the Prophet Muhammad in a more or less warless
circumstance conquered Makkah in 630 CE which made a larger percent of its
inhabitants willingly embraced Islam. (Americanhumanist.org, 2020) Ever since, Islam
continues to grow geometrically with a noticeable expansion during the reign of the
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second caliph, Umar bin Khattab. Muhammad, the Prophet of Islam died in 632CE and
was succeeded by four rightly guided Caliphs whose reign lasted circa 632-661CE.
(Zidan, A. 1998)
Furthermore, Muslims lives are regulated by divine law called ‘Shar’ah’. It is all
encompassing as it covers all aspects of life both material and spiritual. Its main sources
are the Qur’an and Hadith of Prophet Muhammad (PBUH) (History.com).
And the Islamic festivals are ‘Idul-fitr celebrated on the 1st of Shawwal, the 10th
month of the Muslim Calendar to mark the completion of Ramadan fast and ‘Idul-Adha
celebrated on 10thDhul-Hijjah, the 12th Month of the Muslim Calendar to commemorate
the submission of Prophet Ibrahim to sacrifice his son, Ismail (history.com, 2019).
2.4.0. Women in the Ancient Civilizations
Adoro, A.L. 2019 explains that in the ancient civilization of Rome ,Persia ,Greece,
Arab etc. women suffered permanent humiliation, damage due to deplorable living
condition and treatment by society. They were not next to but equal to animals and
slaves .They were considered as filth and property to be bought, sold and inherited.
(Adoro, A.L. 2019)
2.4.1. Women in Ancient Greece
The Greek women of 400 B.C, experience d various hardship difficulties and
demeaning treatment in the spheres of marriage, inheritance and social life based on
the structure of the society. (webpage.pace.edu)
As important as marriage is in the life of the human beings, the Greek women were
denied of freedom of choice of partner. They were betrothed to men by their male
relatives. There consents were irrelevant and therefore not sought. In other words, they
did not marry; but were given in marriage. (Sealer, p.25 cited in webpage.pace.edu)
This arranged marriage did affect the Greek women emotionally and psychologically.
Marriage in the ancient Greek according to Arthur cited in webpage.pace.edu is

ekdosis-gift to the husband which he can use as he pleases. It was never seen as a love
union. (webpage.pace.edu)
Furthermore, for a young lady to get married she must have an inherited property as
her dowry and marriage prerequisite, otherwise, she is banned from marriage
(webpage.pace.edu)
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Also, the marriage age was both early and late respectively. Early for females and
late for males. While the average death age for the latter is forty-five, it was the norm
for fourteen year old girls to marry men in their thirties .This resulted into numerous
children been orphaned at a tender age and high rate of young and fertile widows as
well as increase in infant mortality. (webpage.pace.edu)
Socially, the ancient Athenian Greek women were considered like adolescents that
should be monitored. Hence, their movements were restricted, spending most of their
time at home engaging in domestic shores, bearing children and nurturing them as their
primary duties. (webpagepace.edu)
In addition, Greek women generally experienced less status, rank and privilege
compared to other ancient civilizations even between husband and wives.
(www.historymusaim.ca)
The news at the birth of a girl child is presented and received with a big disgraced
and embarrassment for the mother who “turns her head away (from the husband) in
shame” (Demand cited in webpage.pace.edu) and the oikos .When asked how many
child they have Athenian men do not usually count the girls among their children
(webpage.pace.edu)
There is a conspicuous inequality between male and female as regard ownership of

property and inheritance in Greece. It is a complete patriarchal and complicated system.
(webpage.pace.edu)
GreekBoston.com (2020) states that the inability of the ancient Athenian women to
own and control their own property disqualified them from becoming full citizens.
Whereas freed slaves had the rights of full citizens. Also, formal education was gender
based and it was for male only. (www.greekbostom.com )
However, Mark, C. (2016), asserts that The Greek girls children were educated in the
same way as the boys but with the addition and more emphasis on gymnastics, dancing
and music. Although the major aim of girls education was to prepare them for their role
of nurturing their children managing their homes but not to stimulate intellectual
progress directly. (www.ancient.eu )
2.4.2 Women in Ancient Rome
In the primeval Rome, wives were mere property of their husbands and husbands
had all legal rights as regard children. Women were considered second to men and
could not officially hold political power and the few who did hold political power did
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that through their husbands and or sons. Some emperors and senators’ wives had
noticeable influence on the government. They could not vie for political office but did
campaign for their spouses or relatives (historyextra.com).Though they had legal right
to own business and property. (www.ducksters.com)
The father is saddled with the responsibility of chosen husband for her daughter, a
choice she must not object except on account of bad character of the proposed
husband. She is just like a property to the husband, her absolute loyalty remains with
her father whose name she could continue to bear even after marriage .Her status
before her husband is lesser than those of her children. ( www.crystalinks.com )
A form of marriage in the ancient Rome is called Manus which means ‘hand’ in
Latin .This implies that a woman is considered as a mere property whose ownership is
transferred from the hand of her father to the hand of her husband. Girls were married
out in their early teens and even before that. This account for high rate of maternal
mortality as a result of multiple births before the age of twenty (a girl of 13 year could
give birth 5 to 6 times before attaining 20 years) marriage then was not love based . It
was based on political affiliation and economic reasons with the sole purpose of bearing
children who would worship the family gods. Gregory, S.A says:
Marriage was a political tool and used to cement an alliance … it was
extremely common for Politicians to marry, divorce, and remarry as their
political allegiance shifted or to contract Marriages among their children.
The desire to use children as political pawns led to Children being engaged
at very young ages , sometime even as babies.To curb this , a law was
passed stating that to be engaged ,the two-people had to be at least
seven years old. (Gregory S.A 2018).
He added that one common kind of marriage then which also depicts the
demeaning status of women in the Ancient Roman custom was coemptio. Here, the
bride’s groom gave money the bride’s father to indicate he has bought her as a mere
property. ( Gregory S.A 2018).
Meanwhile, wealthy Roman women often used to contract the service of a slave or
freed women to breast feed their babies on account that they might be too weak to
start breast feeding immediately after delivery of their babies and that they might
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acquire the mother tongue from the Greek wet-nurse just like the Arabs before Islam .(
www.historyaxtra.com )
2.4.2.1 Divorce in Ancient Rome
Despite that marriage was a bond and unifying factor among families in the ancient
Rome, divorce was rampant and easily initiated without any legal procedures. The
marriage contract could be severed at will either by the husband or the wife or even
initiated by wife’s father whom by the law still remains her guardian and this
facilitate the reclaiming of the dowry paid to the husband . However, if the wife were to
be accused of infidelity, the husband would keep the dowry.
Also, due to motherly affection for the children some women were disrespected in
divorce since the custody of the children legally belongs to the husband. Though,
sometimes, at the benevolence of the husband, the children could remain with their
mother after divorce. A popular instance of this was when Sacribonial emperor
Augustus’s wife was abandoned in favor of the emperor’s third wife she was allowed
the custody of her new born Julia who she was later equally to her exile in the island of
Ventotene when she grew up. (www.historyexra.com )
In addition, Mark, C. 2014 says:
Separation by divorce was easily achieved by both parties under Roman

law but any Children of the couple legally belong to the father or nearest
male relative if he was no longer living . In the later empire …divorce became
much difficult, especially for the female party. (www.encient.eu)
2.4.2.2. Legal and Economic Life of Roman Women
Women were considered inferior to male and strongly dependent on their

husbands or after male relatives particularly in respect to law and finances except three
classes of women; women who had three children , freed women with four children
(kids) and vestal virgin . Also, the death of the eldest male of the family perhaps during
war could pave way for a woman to be in charge of their estates, businesses and
financial matters. (Mark, C. 2014) ‘Women in Rome did not have equal right with men
‘[and] above all, the Roman wife was expected to be self – effacing and to provide
support for, but not any challenge to, the paterfamilias’ (Gregory, S.A.2018)
2.4.2.3. Female Child Education in Ancient Rome

20
The Roman girls children both in the upper caste and the bourgeoisie were not
denied the basic skills of literacy and numeracy. Yet some families engaged private
grammar or Greek tutors in order to adequately prepare their girls, for their future roles
of home makers and good wives. However very few writing by woman has survived,
even the memoir of Hero’s mother Agrippina the Younger did not survive
(historyextra.com, 2016). ’ …The principal goal of girl’s education [in ancient Rome]
was the ability to spine thread and weave cloth. (Gregory, S.A. 2018)
However, in the early 1400, the bishop and the religious authorities of the Christian
world got together in a beautiful place called London to debate whether women were
human or not and the concluded that they were not human.
In the year 1746 , in France a very enlighten group of the Christian clergymen converged
in Paris to debate if women were devils or human ,after a ten days intense debate ,the
conclusion was they are human but their souls are lesser than the soul of men .
700 years after the birth of Jesus (PBUH) Prophet Muhammad (PBUH) had a different
conclusion that women are not just equal to men but can sometimes even better than
men. It is quite surprising, hypocritical and ironical that after Muhammad has given
value to women, removed misconception about them, that we say Islam denigrate
women. The West are children of the same bishops from France and UK who said the
sort of things .And today they are campaigning for women libration which has done over
14 centuries ago. (Yaseen media, 2015)
2.5.1. Gender Equality
Candace, West and Don, H.Z 1987 define sex as what ascribe as biology; anatomy,
hormones and physiology. Gender, was an achieved status: that which is constructed
through psychological, cultural, and means. (Candace, W. and Don, H.Z 1987)
Prior to 1979, the definition of human right conspicuously over looked violations in
the home but mainly focused on the violations of rights in larger society and this has
benefited men mostly. Fortunately, the year 1979 witnessed draft of convention on the
elimination of all forms of Discrimination against woman (CEDAN) and its adoption by
United Nations. And here a violation at home was a major agenda. Achievement of
gender equally was also among the mission statements at the Beijing Declaration and
platform for action which ensured from the first world conference of the United Nations
21
in 1995.The millennium Development Goal (MDGs) there is also towards achieving

gender equality.
For the sake of gender equality , through the charter of the United Nation and the
universal Declaration of Human rights as adopted by the General Assembly in 1945 and
1948. The United Nation gradually extended human rights law to cover certain
standards for women, children, person, with disabilities who now have rights which
shield them from common age long discrimination in several societies ( www.un.org )
However, the western ideology pretends to be philogynist and paints religion as

misogynist absolute patriarchal and mechanism of female backwardness with Islam as
being more patriarchal than Judaism and Christianity .Hence the feministic clamor.
(Priscilla, O. 2005)
Ochuoga, D.O. (1997) concludes that religions have several illogical presumptions
about the rights of women in the society and before God. Therefore, it is a barrier to
gender equality. His conclusion is not supported by any scriptural and logical evidence
as he wrongly asserted that the three religions are male dominated. Whereas both
gender are mostly mentioned side by side in the Qur’an with the same expectations and
rewards except where specified Q.2:228; Q.33:35 are few examples.
Ochuoga, D.O 1997 alluded that women are both socially and conjugally inferior
to men based on his understanding and interpretation of Gen.1,2 and meanwhile there
is no single unequivocal statement that depict this .However ,The word `man` in the
Gen .1:26-27 refers to human being .It is repeated as male and female in the last clause
just for clarification .
Robuj Welzlea cited in Adoro, A.L 2019 asserted that: ‘Certainly, male and female
are two distinct sexes, a complete and convincing difference .If we claim to equalize
their rights, we cannot do so as far as their nature is concerned.’ A Russian scholar,
Antoni Nemela cited in Adoro 2019 said: ‘The fact is ,there is no equality between male
and female as proved by scientific studies carried out on the biological nature of men
and women .Their distinct biological nature does not permit equal responsibilities for
them .’ The controversy over the gender of Caster Simenya and her eventual
disqualification to participate in a tournament as well as separate competition for male
22
and female of the same age bracket in all sporting activities attest to the fact that male
and female are not equal.(TVC news at 10, 07-03-2021)
Also, nature demands that for orderliness, there must be a leader and this does not
in any way makes the led or one sex inferior, Gen.2:16.Therefore both men and women
have equal right in marriage with men having privilege of leadership. This is also
expressed in the Qur’an 4:34 ‘Men are the protectors and maintenance of women
because Allah has made one of them to excel the other, and because they spend (to
support them) from their wealth.’
At this junction, it is opined that gender equity should be the point of advocacy and
not equality because equity which emphasizes fairness, justice, giving each its due right
is argue to be the appropriate concept to apply. (Adeyeye, B.A (2018)
However, the Qur’an, Old and New Testaments Bible attest to the spiritual equality
of male and female in the verses inter alia ;Joel2:28,Gen.1:27,Q.33:35
2.6. Abortion of Female Fetuses
The liberal society approves the abortion of female fetuses. Fred Arnod, Suniata
kishor, & Poy, T. k 2002 estimate that just in a decade (1990s) more than 100,000
female fetuses were aborted in India alone. A vehemently condemned act in the Qur’an
81:8. Yet, ‘AbdurRahman I.D. explains that abortion may be an option if child-bearing
would endanger the mother’s life during pre-natal or at delivery point. He justifies his
opinion with these Qur’anic verses: ‘Do not throw yourself into destruction with your
own hands.’ (Q.2:195) ‘Do not destroy yourselves; undoubtedly Allah is merciful to you’
(Q.4:29)
While abortion is generally described as an evil act in 2nd king 8:12, Exodus 21:22-25
sees it as finable offence which is antithetical to God’s will and commandment in Gen.
9:6-7. Even , if almost all the Biblical verses against abortion are not direct injunctions
but inferential and deduced ,the book of Romans 2:14-15 states that your instinct is
enough, you need no one to tell you of your crime as your conscience pricks you.
23
According to the Jewish scholar, Rachel Mikva, 2019 , ’The majority of foundational
Jewish text assert that a fetus does not have the status of personhood until birth’ Again
he says : ’ In contemporary Jewish debate there are stringent opinions adopting the
attitude that abortion is homicide –thus permissible only to save the mother’s life…’
He finally submitted that there are divergent opinions as regard abortion but only by
critical study of Jewish texts like Talmud, Mishna and Halakha - The Jewish Law that
one would be able to explore these diverse views.(Rachel Mikva,2019)
Rabbi Ramond A. Zwerin, and Rabbi Richard J. Shapiro, 2017 quoted from Mishna
Thus:
If a woman is in hard labor (that threaten her life), one dismembers
the fetus within her and removes it limb by limb because her life
takes precedence over its life .once the greater part if it emerges
it may not be touched, for we not set aside one life for another
It is now understood that basically, in Judaism abortion is only allowed only if the
pregnancy poses a danger to the mother’s life at prenatal stage, before the emergence
of the baby’s head from birth canal, otherwise, another rule is applied.
2.7. Social Rights
Ochuoga, D.O (1997) in his thesis titled, Gender Discrimination: A philosophical

critique of its religion foundation claimed that religion in all its ramification socially
discriminates against women .That religion especially Christianity, Islam and Judaism
consider female inferior to male and they greatly undermine the success of any attempt
to eradicate gender inequality. However, critical examination of the evidences he based
his claims upon shows some level of academic bias on his side.
In the chapter 2 of his thesis, he says: ‘… chastity, modesty, feeble mindedness,

timidity, sensuality, jealousy, bashfulness…Most religious especially Christianity, Islam,
Judaism, Confucianism, present such characteristics as the official God –sanctioned
female traits`.
24
Firstly, he failed to buttress his claim with textual or scriptural evidence. Secondly,
chastity bashfulness are not used both in the Bible and the Qur’an for female
pejoratively but honorifically. The Bible describes Mary, the mother of Jesus (PBUH) as
‘virgin Mary’, this exemplifies chastity .The Q.19:16-29 discusses her bashfulness and
chastity.
2.8. Human Right and UN’S Efforts towards achieving it
In order to prohibit any political leaders from repeating the sorts of abuse which
happened in the World War II, governments of several countries across the world first
agreed on international human rights. This was written in the universal Declaration of
human rights at Paris on December 10 in 1948 and it birthed the international
covenants called protocols. (NCA-10015,2015)
The concept of human rights is based on the belief that all people
are of equal value and Dignity just because they are human beings.
No, person, organization or government should prevent someone
from living in dignity, choosing a way of earning ,spending time with
whom they want , and believing in what they want .Human rights
are meant for everyone equally , no matter what their race , religion ,
culture ,nationality, age sex, beliefs , disability, sexual orientation or
intelligence (NCA. tool 5, 2015)
Furthermore, James Nickel sees Human rights as norms which aimed to shield all
human being from serious from political , legal and social abuses .(Nickel, J . 2019). He
identifies that humans rights is universal .To enjoy these rights, one does not need to
belong to particular class, nationally or religious affiliation. And these rights can be lose
either temporarily or permanently through ill-behavior (Nickel, J. 2019)
The third American President in his declaration of independence said ‘We

should hold these truths to be self-evident : that all men are created equal ;that they
are endowed by their creator with certain inalienable rights ;that among these are life,
liberty and the pursuit of happiness ’ (Thomas, J. 1776)
According to UN, human rights are those rights which are intrinsic to all
homosapiens, irrespective of religion, ethnicity, nationality, race, sex, language color or
any other status. These rights also include but not limited to the right to life and
25
liberty , freedom from slavery and torture , freedom of opinion and expression , the
right to work and education .(www.un.org )
However, the second optional protocol of the international convention on civil and
political rights which was adopted in 1989 advocates,
Equality before the law ; freedom of thought , conscience and religion ;

freedom of opinion and expression ; freedom of association ; protection of
minority ;and prohibits arbitrary deprivation of life torture , degrading
treatment , arbitrary deter Dion ,discrimination and advocacy of racial and
religious hatred (www.un.org )
In a bid to recognize women and promote their course, 1975 was declared by the
General Assembly as the international women’s year and also organized the first world
conference on women in Mexico. One of the results of the conference was the
declaration of the years 1976-1985 as the UN Decade for women. ( www.un.org )
26
CHAPTER THREE
3.0. Position of Women According to the Abrahamic Religions
This chapter discusses the position of women as; teachers, mothers, wives and
daughters in the Judeo-Christianity and Islam
3.1. Position of Women in Judeo-Christianity
‘Their roles as mothers outweigh the importance of fulfilling certain commandments’

(Romit I. 2013). According to www.jewfaq.org (2020), the position of women in Judaism
is far better than today’s people thought as compared to their position under American
civil law of the 20th century. It is also the better position of women in the Jewish law that
prompt people like Gloria Steinem and Betty Friedan into feminism activities.
Even though, women and men responsibilities differ, they are of equal importance.
Www.jewfaq.org 2020 explains that God is neither male nor female and the masculine
form of address is just for convenience.
3.1.1. Position of Respect
In accordance to traditional Judaism, women are blessed with more understanding,

intuition and intelligence than men because they were “built” (Gen. 2:22) and not
“formed” like men (Gen.2:7) www.jewfaq.org also noted that in prophecy, Rebecca,
Leah, Rachel and Sarah were superior to the patriarchs; Abraham, Isaac and Jacob.
Deborah one of the Biblical judges was a woman, seven out of the 55 Biblical Prophets
were women and Miriam was considered among the liberators of the Israelites (
www.jewfaq.org 2020)
3.1.2. As Teachers
Mothers are also teachers who pass on both spiritual and moral teachings to the on-
coming generations ,thus preserving the Jewish values ‘reject not the teachings of your
mother’ (Prov. 1:8 RSV) was king Solomon’s advice to his son. Rashi cited in Isaiah, R.
2016 commented that the mother’s teaching is the oral tradition which complement the
written Torah and it is the medium requirement to enter Israel (Isaiah R. 2016) Yvette
Alt Miller writes ‘Throughout history it’s Jewish mother who’ve [sic] instilled Jewish
knowledge and love of being Jewish in the children and our tradition recognizes this
profound truth’ (Miller, Y.A. 2019)
27
The Jews recognize the valorous of women which make her as an ideal mother in her
relationship with those around her as portrayed by king Solomon in Proverbs 31:10-31.
For this, Jews at Shabbat table, recite a poem Eishet chayil( ‘A woman of Valor’) every
Friday night in honour of women. ‘ Her children rise up and call her blessed ;her
husband also, and he praises her: “Many women have done excellently, but you
surpassed them all.”’( prov. 31 :28-29) (Miller,Y.A. 2019).
Furthermore, one of the greatest honour accorded to Jewish women is the

“matrilineal decent”, the idea that the children of a Jewish woman and a gentile father
are Jews but those of a Jewish father and a gentile mother are gentiles. This is definitely
incongruous with the Jewish law wherein the father’s lineage determines the status of a
child such as; a member of the house of Judah or Benjamin, a descendant of the
Hasmonean house or the Davidic and even a priest or Levite. (Soloveichik, M. 2016
Isaiah Rothstein 2016 writes: ‘In Judaism, mother is the heroine and force behind our
values and Jewish practice’ (Isaiah R. 2016)
As mother, Jewish women earn the same respect and honour the father has from
their children as enshrined in Exodus 20:12 Leviticus 19:13. Samuel Lane writes: ‘Jewish
mother, like all mothers, are flesh-and –blood contradictory figures in our lives and
cannot be reduced to a monolithic representation, we owe them the fullness of their
complicated histories, for they have made possible our own’ ( Samuel Lane in Joyce
Antler 2019) .
Isaiah Rothstein writes that Rabbi Yisroel Meir Lau opined that Noah was given the
honour to save humanity and animal before the flood because he had a mother unlike
Adam and Eve. Hence, mothers are very important in shaping human life and they are
daily honoured for that. (Isaiah, R 2016) According to him mothers are the heroines and
pillars behind the Jewish values and practices (Ezekiel 19:1-10)
3.1.4. Women as Wives in Judeo-Christianity
It is understood from rabbinic text that a man without a wife lacks substance and he
only becomes a phenomenon with the presence of a woman called wife in his life. Judith
R. Bashing cited in a commentary of Genesis Rabbah 17:2 on Genesis 2:18 ‘it is not good
for a man to be alone’ in this regard:
It was taught: He who has no wife dwells without good, without help,
without joy, without blessing, and without atonement. Without good:
‘It is not good for a man to be alone’ (Gen.2:18). Without help: ‘I will
28
make a fitting helper for him’ (Gen.2:18). Without joy: ‘And you shall
feast there, in the presence of the Lord God, and dance with your
out life too, for it is said, ‘Enjoy your life with a woman you
love’ (Ecclesiastes 9:9). R. Hiyyah b. Gomdi said: He is also incomplete, for
it is written, ‘And He blessed them and call them household’ (Deuteronomy
14:26). Without blessing: ‘You shall further
give the first of the yield of your baking to the priest, that a blessing
may rest upon your house’ (Ezekiel 44:30). Without atonement: ‘Aaron
shall then offer his bull of sin offering to make atonement for himself
and his household’ (Leviticus 16:11). R. Simon said in the name Of
Joshua b. Levi: Without peace too, for it is said : ‘Peace to you and
your household’(1Samuel 25:6). R.Joshua of Siknin said in the name of
R. Levi withhumanity’ (Gen.5:2)
[thus, only together are thy full human ]…(Genesis Rabbah 17:2 cited
in Baskin J.R. 2004).
3.1.5. Women as Wives in Rabbinic Literature
As a wife, a woman is a helper to her spouse via her performance of domestic chores
which in turn enables her husband to be comfortable, perform well in his study and
useful in the society.(Gen.2:18) As inferred from song of Rabbah 7.11, women are
considered second citizens, next to men whose instructions she must always obey and
follow. ‘Your desire shall be to your husband, he shall rule over you’ (Gen.3:16). Baskin J.
R. 2004 explains:
In this passage, the male Knesset Israel, the community of Israel, is constructed
as the female beloved ; in the relationship between God, who is characterized as
masculine and the male community of Israel characterized as feminine, there is
no place for women. …Total devotion to the divine could have the effect of
displacing a wife in her husband’s affections…then at the same level, the human
connection must always be secondary, just as women were subordinate and
disadvantaged in other aspects of daily and marital life. (Baskin J. 2004, p.5)
The Rabbinic scholars also consider a wife as a liberator who freed her husband
from sins of conversation with all women and debauchery through bearing of children
and providing legal sexual outlet (B. Yevamot 63a, B. Nedarim. 20b cited in Baskin J.
2004).
They advised that women should be adequately catered for by their husbands being
their helpers and partners and should only be engaged in superficial matters. Baskin J.
29
writes: ‘ While wives who fulfilled their marital obligations must be indulged within their
domestic boundaries, no man should assume his spouse as an intellectual with whom he
can communicate in any substantive way’ (Baskin, J. 2004)
He concludes that the collision between norms and experienced reality makes the
position of women as wives in Judaism a complicated issue. Where the sages
compassionately extol and appreciate those women who succumbed to male
dominance and facilitate the social-cultural and religious endeavors of their husbands,
the account of wives who defied the norms by attaining autonomy was equally given
‘still , we must not forget the penalties for bad wives those whose privilege crimes
appear to have been efforts at self-expression and autonomy in a Rabbinically defined
worldview in which woman could not be permitted to have independent roles’ (Baskin,
J. 2004, p.13)
Nevertheless, below are some Talmudic quotes which praise the virtues of women;
 ‘Women have greater power of discernment’ (Niddah 45b)

 ‘Women are lights on raw knowledge’ (Shabbat 33b)
 ‘Women are especially tenderhearted’ (Megillah 14b)
 ‘Women have greater faith than men’ ((Sifre, 133)
 ‘A man without a woman lives without a joy, blessing, and good; a man should
love his wive as himself and respect her more than himself’ (Yebamot 62b)
 ‘Ten measure of speech descended to the earth, women took nine’ (Kiddushin
49b)
 ‘When Rav Yosef b.Hiyya heard his mother’s footsteps he would say: Let me
arise before the approach of the divine presence’ (Kiddushin 31b)
 ‘Greater is the reward to be given by the All-Mighty to the women than men’ .
(Berakhot 17a)
3.1.6. Women as Daughters in Judeo-Christianity
There was a noticeable change in the status of a daughter in Jewish law between the
patriarchal and Talmudic eras. While the daughter had no special preference in the
patriarchal era where she was just like any other of her father’s household about whose
treatment no one can query her father (Jephthah’s daughter, Judges 10: 34-39). Upon
attaining her majority, at the age of twelve years and six months, she gain her freedom
from absolute parental controls and secure some legal rights during the Talmudic era.
(Louis G. and Amram D.W 2020 )
30
The Biblical account in Exodus 21:7; Gen.31:15 also affirm the unquestionable
paternal authority to sell his daughter as a maidservant and betroth her to whoever he
wishes (Gen.29:15-35) or give her out for whatever reasons (Gen.18:18; Judges 18:24)
because she is considered as his property. Being her father’s property, he demands
damages for any injury done to her (Ex. 21:31), defamation of his daughter’s personality
(Deut. 22:29 ; Ex. 22:17). This paternal authority continues to exist over a daughter
even while in a marriage. Instances of this are witnessed between Laban, Jacob and
both did recognized this fact (Gen. 31:31, 43), and between Samson and his father in-
law (Judges 15:1-3), and between Saul and David (1 Samuel 25:44). In the latter two
instances, the daughters were even taken away by their father from their respective
husbands and betrothed to other men without their husbands’ consents. ‘But Saul had
given Michal his daughter, David’s wife, to Phalti, the son of Laish, which was of Gallim’
(1Samuel 25:44). (Louis G. and Amram D.W. 2020)
However, the abolition of the jubilee law since 6 BC in the Talmudic and post-
Talmudic eras put an end to the absolute paternal authority to sell his daughter into
maidenship in order to save her from continual slavery. (Kid. 69a; Maimonides,
“Yad”,’Abadin, I. 10 cited in Louis .G etal). Also, ‘all of the father’s rights over his
daughter’s person and property which survived in Jewish law from patriarchal time
ceased when she became bogeret. These rights are thus summed up in the Mishnah
(Ket. If.4; ib. Gem. 46b)’ (Louis, G. and Amram, D.W. 2021)
3.1.7. Custody and Support
Initially, the father has the right to the custody of his daughter, but in case the court
decides based on the child’s interest and if the mother is found worthy of keeping the
child, the father is obliged to support his daughter while she is a minor till the age of six
(Ket. 49a cited in Louis G. etal, 2021), despite that she is in the custody of her divorced
mother. (Louis G. etal 2021). ‘ If the daughter, after attaining her majority, remain with
her father, and she is supported by him, he continues to be entitled to her earnings and
to that whichever finds…After the death of her father, his son and heir must support
the daughters out of the patrimonial estate until their marriage. (Ket. 52b; B.B. 1116b
cited in Louis, G. etal 2021).
3.2. Position of Women in Islam

31
Women have been unkindly treated in most of the ancient (Rome, Athens, India,
Arabia etc.) civilizations before the advent of Islam. The inhumane treatment of
womenfolk in the pre-Islamic era among the Arab is a mirror to the happenings in other
nations of that time. Whence, they were denied the right to; education, inheritance,
divorce, consensual marriage, dignity, gender justice, equity, property, security etc.
( Badawi, J.M. 1979,Hussain, N. 2020)
However, the Shari’ah of Islam emancipates women from absolute degradation and
highly revered them as indispensable companions of men in every stage of their lives.
Men have women as; Mothers, wives, and daughters. At each of the stages, Islam
enjoins men to show honour, respect, compassion and benevolence to women. Moon
Shaking 1976 writes: ‘The rights conferred on women by Muhammad [PBUH] represent
a vast enhancement of the status in which they were held in pre-Islamic Arab world’.
Thus, here are some of the Quranic verses and the Prophet’s Hadiths on kind treatment
of women in various stages of life:
‘And your Lord has decreed that you worship none but Him.
And that you be dutiful to your parents. If one of them or
both them attain old age in your life, do not say to them
a word of disrespect, nor shout at them but address them
in terms of honour...’ (Q.17:23-24)
‘And We have enjoined on man to be dutiful and good to his
parents. His mother bore him in weakness and hardship
upon weakness and hardship…but behave with them in
this world kindly…’ (Q.31:14-15)
‘And do good to your parents…’(Q.4:36) ‘…Be good and
dutiful to your parents…’ (Q.6:151 ;Q.29:8;Q.46:15).
Obviously, from the above verses, benevolence to parent is commanded along side
the worship of God with distinguished attention for mothers for her suffering in
pregnancy, delivery, nursing and rearing of her child (Yusuf Qardawi 2022). Also, the
Muhammad (PBUH) is reported to have said the following as regard treatment of
mothers:
‘Paradise lies at the feet of your mothers’. (Ibn Majah)

A man came to the Prophet (PBUH) asking: “ O Apostle of God!
Who among them is the most worthy of my good company? The
Prophet Said, your mother. The man said then who else? The
Prophet said, your mother. The man asked then who else? The
Prophet said: Your mother. The asked who else? Then he said
32
your father” (Bukhari and Muslim)
Even if one’s mother is an unbeliever, Islam enjoins one to treat her with honour and
respect through good relationship. Asmã’ a daughter of Abubakr enquired from the
Prophet (PBUH) as regard her relationship with her unbeliever mother who had come to
visit her in Madinah . He (PBUH) said, ‘Yes be on good term with your mother’ (Al-Lu’lu’
wal Marjan 587).
The mother’s right to the custody of her child is weightier than the fathers. Abdullah
Ibn Amr Ibn Al-As narrated that a woman asked, “O Messenger of Allah, this son of mine
had my womb as container, my breast for drinking, my lap to contain him. His father
had taken him from me”. “The Prophet (PBUH) said, “You have more right if you do not
marry” (Musnad Ahmad Ibn Hanbal cited in Yusuf Q.)
3.2.1. Women as Wives
The foundation of marriage in Islam is actually peace, love and harmony ‘And among
His signs is this, that He created for you wives from among yourselves, that you may find
repose in them, and He has put between you affection and mercy…’(Q.30:21). Hence, a
Muslim woman is not forced, her consent is very important. She receives mahr
(mandatory nuptial gift) footballer husband as a symbol of love and she is considered a
pure, an independent partner in her matrimonial (Q.2:228). Also, she must be
adequately catered for according to her husband’s financial status and standard of living
in their society by providing her with food clothes, shelter, medical care etc. (Q.65:7).
She should be treated kindly with honour. ‘And live with them honourably… (Q.4:19).
Yusuf Qardawi explains that this encapsulate all sorts of good treatments as regards
sponsor relationship which include :good manners, a flexible character, Sweet words, a
smiling face, a pleasing playfulness and amusing facial expression. In line with the
Hadith of the Prophet (PBUH) reported by Aisha may Allah be pleased with her that the
prophet peace be upon him said: “The best of you is the best to his family and I am the
best to my family” (Ibn Hibban charity vol.9 Hadith 4177 cited in Yusuf Qardawi, Badawi
J. N. Www.iium.edu.my ).
In spite of the presence of both couples in marriage the husband is saddled with the
responsibility of leadership ‘ …men are the maintainer and protector of
women…’(Q.4:34) and this does not make him a dictator as they both counsel and
mutually agree on important family matters ‘… if they both decide on weaning by
mutual consent, and after due consultation there is no shame on them…’(Q.2:233)
33
However, the following Hadiths give insight into how treasurable a wife is in Islam:
Mu’awiyyah Ibn Haidah relates: I asked the Prophet (PBUH)

what is the right of a wife over her husband? He said: feed
her when you feed yourself, cloth her when you cloth yourself,
do not strike her on her face, do not revile her and do not
separate yourself from her except inside the house. (Abu Dawud)
Abu Hurayrah narrated that the Prophet (PBUH)said: …and the
best of you are those who behave best towards their wives.
(Trimidh)
Abu Hurayrah narrated that the Prophet (PBUH) said: ‘treat
women kindly…’ (Bukhari and Muslim)
Abu Hurayrah narrated that the Prophet (PBUH) said: of the
dinar you spent in the cause of Allah, dinar you spend in procuring
the freedom of a slave, dinar you give away in charity to the poor,
and the dinar you spend on your wife and children the highest in
respect of the world is the one you spend on your wife and children
(Muslim)
Abdullah bin Amr narrated that the Prophet (PBUH) said: the
world is delightful and its greatest treasure is a good wife ( Muslim 1467)
3.2.2. Women as Daughters in Islam.
Before as well as at the dawn of Islam in Arabian Peninsula, female infanticide was
prevalent. It has since then been forbidden by Islam and considered it a crime. (Quran
81: 8 - 9.) Women were generally maltreated, denied of inheritance from both father
and husband, abused, considered as weak and inferior to men and valueless. This made
them vehemently detested the birth of a baby girl friend and felt ashamed when the
news of a daughter is brought to them. ‘And when the news of (the birth of) a female
(child) is brought to any of them his face becomes dark and he is filled with him with
grief.’ (Q.16:58)
To avoid the shame of giving birth to a daughter, some of them resorted to burying
the child alive while some conceded to bringing her up with contempt. ‘He hides himself
from the people because of the evil of what whereof he has been informed. Shall he
keep her with dishonour or bury her in the earth? Certainly, evil is their decision.’
(Q.16:59)
34
It is obvious from the above verse that Islam condemned such barbaric culture and
perpetrators shall be questioned on the Day of Judgment (Q.81:8-9).However , the
Qur’an 42:49-50 considers both male and female child equal gift which He bestows
either or both upon whom he wishes while in His wisdom renders some childless. Yusuf
Al-Qardawi recounts the Quranic story of Maryam mother of Jesus as one of such
daughters who are more remarkable and immortal in memories than several males
children. Of course, how many of her male contemporaries are still mentioned today?
(Yusuf Qardawi)
The following Hadiths of the Prophet (PBUH) belouds the status of daughters in Islãm
encourage parents and guardians to take good care of their daughters as they can
facilitate their admittance into paradise:
‘Aishah (RA) narrated: A lady along with her two daughters came
to me asking (for some alms) but she found nothing with me except
one date which I gave her and she divided it between her two
daughters and did not eat anything herself, and then she got up and
went away. Then the Prophet [PBUH] came in and I informed him
about the story. He said, “whoever is out to trial by these daughters
and he treats them generously (with benevolence) then, the daughters
will act as shield for him from Hell-fire” (Al-Lu’lu’ wal Marjan 1688).
Abu Hurayrah narrated that the Prophet (PBUH) said: “Whoever have
three daughters and show patience in their keeping, their pleasure and
displeasure, Allãh admits him into paradise for his mercy over them.
A man asked ,’And what about two daughters, O Messenger of Allãh?
He said ‘And two daughters as well.” Another asked, ‘O Messenger of
Allãh what about one daughter?” He said, ‘And one daughter as well”.
(Al-Zahaby, 4/176 cited in Yusuf Al-Qardawi )
Ibn Abbas narrated that the Messenger of Allah (PBUH) said: “Whoever
has a daughter born to him and does not bury her alive or humiliate her or
prefer his son over her, Allah will admit him to paradise because of her”.
(Musnad Ahmad Ibn Hanbal 1957)
It is not only fatherly care for daughters that admit one to paradise as the ultimate
reward but also brotherly. ‘Whoever has two sisters and his kind to them while they are
with him, will enter paradise because of them’ (Musnad Ahmad Ibn Hanbal 2105)
35
In the same vein, Islam consider both male and female children as part of the
adornment of this life (Q.18:46) and prescribes the same spiritual and moral education
for them. The father has no right to sell his daughter or marry her to who she does not
please with or by any means make property of another man as in the ancient
civilizations. ( Yusuf Al-Qardawi, Al-Lu’lu’ wal Marjan 895).
CHAPTER FOUR
4.1 Marriage in Islam

36
Marriage which is called Nikah in Arabic is an institution that is as old as human

history. It is a micro unit of every society and the legitimate means of procreation, a
major reason for the continuous existence of woman race. Abdul-Rauf, M. (1993)
identifies; fulfillment of the will of God, seeking the love of Prophet Muhammad (PBUH),
benefiting from the prayer of one’s children and their intercession has four areas of
procreational objectives. It is also an essential institution in most world‘s religious. The
sixth edition of oxford Advance learner’s dictionary calls it ‘the legal relationship
between a husband and wife ‘. Despite that this definition appears contextually
monogamous; it however, does not criminalized bigamy or polygyny.
Marriage in Islam, is an act of worship (Ibadah) and its legality and ancientness are
expressed and affirmed in the following verses of the Qur’an and Hadiths of Prophet
Muhammad (PBUH)
‘And if you fear that you shall not be able to deal justly with the
orphan –girls then Marry (other) women of your choice …’(Q. 4:3)
‘O mankind! Be dutiful to your Lord, who created you from a single
person (Adam) and From him ,He created his wife (Hawwa [Eve]) ,
and from them both He created many Men and women ;…’(Q.4:1)
‘And marry those among you who are single (i.e a man or woman
who has no spouse) and (also marry ) the salihun (pious fit and capable
one of your (male) slaves and maid servants (female slave s). if they be
poor, Allah will enrich them out of His bounty Allah is All –sufficient
for His creature’s needs All knowing {about the state of the people’
(Q.24:32)
The Qur’an 4:1; Q.25:54; Q30:21, Q.13:38, Q.4:1 clearly depict that marriage
institution in Islamic perspective is as old as the creation of human being. As its legality
are implied in those verses. Its choice of partner and means of procreation are more
prominent in Q.4:3 and Q.25:74
The Prophet Muhammad (PBUH) is reported to have belauded marriage in the

following Hadiths;
‘Get married so you multiplied .I shall indeed be proud of your

37
multitude on the day of judgment.’ ‘O you young people, men
and women! Who so ever can bear the burden of marriage let him
or her get married. It is indeed contentment to the eye and a
protection to the private parts.’ ‘Marriage is my custom ‘when one
marries, he secures half of his religion , let him fear Allah in the other
half ‘ (Abdul-Rauf 1993).Also in the 25th Hadith of an-Nawawi
The Shari’ah of Islam covers all aspects of life in details .It believes that all parts of
human anatomy have their different roles and needs which must be fulfilled
legitimately without denial , suppression or transgression .Hence ,it is antithetical to the
western view of sex .(e.g. boyfriend and girlfriend relationship ,dating, casual lovers
etc.). Also it does not see abandonment of sex in marriage ) and celibacy as means of
nurturing the soul or attaining spiritual uplift nor-does it ( Islam)considers it (sex) as
inherently evil but rather sex is an highly recommended act of worship (Rizvi,S.M.1990)
Meanwhile, celibacy which is erroneously celebrated in Christendom and considers

spiritually better than marital life is vehemently discourage in the Qur’an with its deceit
pointed out thus : ‘:But the monasticism which they invented for themselves , we did
not describe for them ,but (they sought it ) only to please Allah there with , but they
did not observe it with right observance . so we gave those among them who believed
their (due ) reward , but many of them are faasiquun (rebellious ,disobedient to Allah )
(Q. 57:27) Muhammad Zafrullah K. observed that the idea of monasticism emanated
from the belief of degrading ,and inferiority qualities of women as a kind of creation .
So, the church fathers and priests alike put the blame of man’s fall upon woman and
finally presented her as a being without a soul and the devil’s tool. In the contrary, Islam
elevated woman to a position of marital and spiritual equality with man and as well
consider them complimentary pair. (Muhammad, Z.K.2008) Allah says ‘…And women
shall have rights similar to the rights against them, according to what is equitable
…’Q.2:228 (Yusuf Ali) ‘…They are your garment and ye are their
garments…’(Q.2:187)Yusuf Ali
Celibacy contradicts Gods wisdom of creating sexual desire in human nature which
can only be legally satisfied through marriage. Hence marriage positively affects spiritual
growth whereas monasticism truncates and punctures it. (Mansoureh Zarean and
khadijeh Barzegar 2016)
38
In condemnation of celibacy are the excessiveness of some individuals, the prophet

Muhammad (SAW): as narrated by Anas bin Malik said :
A group of three men came to the houses of the wives of the Prophet
asking how the Prophet worshipped (Allah), and when they were
informed about that they considered their worship in sufficient and
said: “where are we from the Prophet as his past sins have been forgiven”.
’Then one of them said, “I will offer the prayer throughout the night forever”,
The other one said, “I will fast throughout the year and I will not break my
fast “. The third said, “I will keep away from the women, and will not marry
forever.” Allah’s Apostle [PBUH] Came to them and said,” Are you the same
people who said so-and –so? By Allah, I am more submissive to Allah and more
afraid of him than you; yet, I fast and break my fast I do sleep and also marry. So,
he who does not follow my tradition in religion is not from me (not one of my
followers).” (Sahih Bukhari, vol.7, Book.62, Hadith1)
Ibn Mas’ud narrated: We used to fight in the Battles in the company of the Prophet
(PBUH) and we had no wives with us. So, we said, “O Allah’s Apostles! Shall we get
castrated? “The Prophet forbade us to do so. (Sahih Bukhari vol.7)
Abdur Rahman I. Doi comments that these verses of the glorious Qur’an vividly
indicate that unlike other religions like Christianity, Buddhism, Jainism etc. which
consider celibacy as a great virtue, Islam, considers marriage a virtuous and an approved
institution.
Generally, Islam encourages male and female who are fit for marriage to satisfy
their sexual urges through legal matrimony and not outside wedlock. Women are great
stake holders in marriage .They have equal marital right with men only that the
husbands have privilege of leadership which must be exercise with love. And Allah has
made for you your mates of your own nature, and made for you , out of them , sons and
daughters and grandchildren and provided for you sustenance of the beat . (16:72)
‘And women shall have rights similar to the rights against them,
according to what is equitable; but men have a degree (of advantage)
over them (Q.2:228) Yusuf Ali ‘they are a garment to you and you are a
garment to them’ (Q2:187).
Bilikisu Yusuf identifies the following among others as the rights of women in an Islamic
marriage;
 Right to humane treatment: Islam enjoins men to treat their wives kindly and
mercifully ‘’…And you should not treat them with harshness…’’ Q. 4:19. The
Prophet (SAW)said :The best of you are those who are best to their women ‘’
sunnah of Trimidh: 1162
39
 Retainment of maiden name: it is only for the past fourteen centuries, it is only
Islam that unequivocally and legally permits women to retain their fathers name
after marriage. Example of this can be seen in the wives of the Prophet (PBUH),
Khadeejah bint Khuwaylid Zainab bint Jesh, Hafsah bint Umar etc. His daughters
Fatimah bint Muhammad , Ruqayah bint Muhammad and many female
companions
4.1.2. Conditions of Marriage in Islam and Prohibited Partners in Marriage
For a marriage to be considered legally valid in Islam, there are few important
conditions to be fulfilled which are; Sighah, the Ijabul and Qubul: This means proposal
and acceptance .it implies mutual consent of the prospective couple and freedom of
choice , Mahr, Waliyy, and Shahidayn. (Zarean, M and Berzegar, K. 2016).
Islam prohibits some classes of people from marrying one another for reason
ranging from marriage affinity to consanguinity, fosterage, morality, religious
differences, disorganization of family set up, evil effect of contamination of faith to,
shame and indecency, promiscuity, lack of self-control and obedience to Allah. Such
categories of people are enumerated in the Qur’an 4:22-24; Q. 2:221.
The prohibition could be permanent or temporary. According to the majority of

scholars, marriage is not contracted while in ihram either of Hajj or ‘Umrah nor is
proposal made. (Sahih Muslim, kitabun-Nikkah, 1409, Trimidh 840, Abu Dawud 1841
cited in Mahmud, M p.134, 2006)
4.2.1. Marriage in Christianity
And the bible says:
‘Therefore, a man shall leave his father and his mother and hold
fast to his wife and they shall become one flesh’ (Deut. 2:24) Wives
submit to your own husbands, as a to the Lord. For husband is the
head of the wife even as Christ is the head of the church …
(Ephesians 5:22- 24) ‘Let marriage be held in honor among all, and
let the marriage bed be undefiled, for God will judge sexually
immoral and adulterous’ (Hebrews13:4)
It is of the Christian’s belief that marriage is a handsome sign of God’s love and
getting married is a social display of love and eternal covenant between the couple .
(mark 10:9) marriage is a kind of life style established by God for the continuous
existence of Humanity. Hence, he created man male and a female to multiply as one of
the purpose of their creation ‘so, God created man in his own image, in the image of
40
God, He created him; male and female He created them’ ‘God blessed them and said to
them, ’Be truthful and increase in number (Gen.1.26-27)
All marriages experience difficulties but Christian believe that it is meant for life.
Despite that some marriages failed and couple separated, some Christians like Roman
Catholic hold the view that marriage vows are not breakable and in the sight of God, the
couple is still together. ‘’ I hate divorce ‘’says the Lord, God of Israel …’Malachi 2:16
(christianity.org.uk )
Marriage is one of the seven sacraments in the Roman catholic and it is built upon
these verses ,among others Gen.2;24,mark 10;2-12,matt.19;1-9;Eph.5:22-33 ;1 Cor.
7:10-16 and John 2:1-11 (Felix, J.S.J,2006. catholicresource.org)
These cited verses emphasize marriage in its monogamous form ‘becoming one flesh
and discourage divorce in it’s entirely “what God has joined together let no one
separate”
All Christian denomination considers marriage to spiritually indissoluble permanent

union. and a sacrament catholic ,orthodoxy and Lutheran protestants .Despite this
slight doctrinal difference ,the rituals are similar ; the Christian wedding takes place in
the presence of a priest or minister via exchange of vows and rings readings from
scripture a blessing and sometimes the Eucharistic rite (Encyclopedia Britannica }The
exchange of ring is symbol of their covenant relationship akin to the way God chose a
rainbow as a sign of the His covenant to Noah. (Gen.9:12-16) (
www.documantanddesigns.com ).
However , marriage is so special in the Bible that a newly married man is exempted
from going to war ,rather ,he should stay at home and make his wife happy (Dent.24:5)
And the sanctity of marital relationship is compare to that of the Christ and the church
(Ephesians 5:22-23)
Also, in Christianity, marriage is the only legitimate means of satisfying sexual urge
mutually between the spouse without force or deprivation (1 cor.7:2-5) marriage for a
man is considered a means for quick acceptance for his prayer. (1 Peter 3:7)
The bible emphasizes marriage to virgins and not a divorcee or widow except if she is
a widow of a priest. (Ezekiel 44:22) then what is the fate of other widows? However, the
wives are to submit to their husband as they (women) were created as befitting helpers
for men and not their equals. (Colossians 3:18-19; Gen.2:18)
Unlike in the Islam where mutual consent of the prospective couple is an essential
factor in validating the marriage and a rapist is punished for his crime, in Christianity a
41
rapist benefits from his crime by marrying his victim without her wish and paying her
father one hundred shekels of silver for defining his virgin daughter who he shall not
divorce (Dent.22:19)
Nevertheless, the Christian Bible extols celibacy and prefers it to a marriage,

considering marriage as distraction sand hindrance to spiritual development (1cor.7:32-
35).Hence, marriage and holiness or spirituality cannot be combined together in a
person’s life. Marriage is only considered as a lawful alternative for those who cannot
control their sexual desire (1 cor.7:8-9).Yet, it is not a sin (1.cor.7:36-37) but lesser in
degree compared to monasticism which till this moment is much in practice among the
catholic and orthodox Christians where priests, deacons, bishops, and monks are
prohibited to get married. (Zarean , M. and Barzergar,k.2016}
4.2.2. Conditions for Marriage and Impediments to Marriage in Christianity
Ma’dali identifies mutual consent of both pride and groom ,marriage

contract ,execution of the marriage contract in the church before a congregation , the
presence of a priest and matrimonial prayers as the fundamental conditions in Christian
marriage .(Ma’dali, 2002 cited in Zarean, M. and Barzergar,K.20-16)
Bond of previous marriage, differences of religion, consanguinity and sacred order

usually block the chance of getting married to certain people if they fall in any of the
categories.
Virtually, all the verses on marriage speak against divorce or remarriage of a divorced
woman stipulating that such a woman is eternally bond to her divorced (first) husband
hence she cannot marry another man and if she does, it is considered adultery and vice
versa (Matt.19:9; Romans 7:2-3, mark 10:11, 1 cor.7:10-11) ‘they shall not marry a
widow or a divorced woman,…’ (Ezekiel 44:22)
Marriage with non-Christians is not allowed because the Bible depicts Christian as
purity and lights, and others as impurity and darkness which have nothing in common
with the believers (2 Cor.6:14-18). However, if a Christian is already married with an
unbeliever separation is preferred to its continuity (1 Cor.7:15-16). Therefore, difference
in religion is a great impediment to marriage in Christianity.
Other impediments to marriage in Christianity are consanguinity and marriage

affinity as spelt out in Leviticus 18:6-18, lev.21:2-3.”Cursed is the man who sleeps with
his sister, the daughter of his father or the sister of his mother…cursed is the man who
sleeps with his mother-in-law … ’(Dent .27:22-23).
42
Sacred order only constitutes impediments to marriage in the Catholic and Orthodox
Church. The catholic holds that the church leaders must be celibates but there is
relaxation to the rule hold. Martin Luther, the founder of the Protestants, got married
and preached against celibacy (Zarean, K. and Bargarbaze, M. 2016) He considered it “A
good wife is a gift from god”
4.3.1. Marriage in Judaism
In Judaism , a husband is responsible for the provision of shelter, clothing , food and
sexual relations (Exod.21:10).Marital relation are the woman’s right .A man cannot
sexually force his wife nor abuse her in any way as it was permitted in Christian
countries for a long time . She retains ownership of her property brought in to the
marriage but the husband can manage and enjoy the profits of the property.
(www.jewishvirtuallierary.org )
In Judaism, marriage is crucially important and eschewing from it, is considered

unnatural and unholy. There is narration in the Talmud of an old rabbi who banned a
young unmarried rabbi from his presence on account of being a bachelor , saying that
he can only come back when he is married (www.jewishvirtuallibrary.org)
In accordance to Mishnah kidushin 1:1, a wife could be acquired through money

which is signified by wedding ring that must belong to the groom and be given to the
bride irrevocably ,or through contract or through sexual intercourse .From these three
only one is required for the binding of the marriage .In any of the cases ,the consent of
the bride is very paramount without which the marriage is not binding. (kidushin 2a-b)
A marriage contract is called ketubah which contains the duties of husband to his wife
handed over to wife. Aside, the standard conditions, consensual ones between the
couple may be added .The marriage process consist of the different stages: kidushin
betrothal and nisuin (full-fledged marriage) (www.jewishvirtuallibrary.org )
4.3.2. Impediments to Marriage in Judaism
The impediments to marriage in Judaism are based on consanguinity, religion and

racial social factors .While some prohibitions invalidate the marriage others only
facilitate its dissolution ( www.jewishvirtullibrary.org (2020).
It is prohibited for a man to remarry his divorce wife after she has married another
man and become divorced again or widowed (Deut .24:1-4).A priest is prohibited from
marrying a divorcee or widow. Equally, prohibited is marriage with a mamzer because
they have been banned from entrance in to the presence of the lord Deut.23). It is also
43
prohibited to contract a marriage with a divorcee or widow within the first 90 days of
her divorce or being widowed. (www.jewishvirtuallibrary.org )
Finally, intermarriage between a Jewish and non-Jewish is prohibited as well as blood

relations. (Lev.18:18:6-18)
Therefore, the roles of women in the trio-religion are similar at home, although
monasticism is still part of Christian ideologies.
4.4.1. Polygamy in African: A Socio-Cultural Phenomenon

To an average African, an important purpose of marriage is procreation of Children
that will carry on his name. In the absence of at least a child after a considerable span of
marital life, the husbands automatically brings in a second wife without divorcing the
first wife. It is an African tradition to evaluate the success of a man via the size of his
family in term of number of wives and children (particularly male)
Polygamy is a normal and essential institution in African. For instance, it is the
tradition of the Igbo’s in eastern Nigeria that a father obligatorily marries the First wife
for his son who would then marry more wives for himself without objection from the
First wife. Otherwise how would be jeered and marked among his peers for lazy and
weak.
Africans are polygamy by default and strictly resist and detest the Western
monogamy as preached by the works of some African authors like T.M. Aluko’s “One
Man One Wife” and Aig-Imoukhuede Frank’s “One Wife for One Man” in his collection
of Pidgin stew and suffer hand. Polygamy is so practiced in Africa for both social and
economic reasons (Doi, I.R. p.58). Aig-Imoukhuede writes:
I dey try go Church, I done go for Court
Dem all day talk about di ‘new culture’
Dem talk about ‘equality; them mention
‘divorce’
Dem holler am so-tay my ear nearly cut;
One wife be for one man.
My fader before my fader got him wife
Borku
E no get equality palaver, he live well
For he be oga for im own house
But dat time done pass before white man
Come wit I’m
One wife for one man
44
Trek me how una woman no go make yanga

Wen’e know say na I’m only dey
Surpose say-make God no ‘gree-e’ noborn
at all
A tell you dat man bin dey crazy wey start
One wife for one man
Jus’tell me how one wife fit do one man;
How you go fit stay all time for him house
For time when belle done kommot.
For how many pikin’, self, one woman fit
Born
Wen one wife be for one man?
Suppose, your wife sabe book, no’sabe
make chop;
Dem, how go tell man make’e mo’ go out
Sake of dis divorce? Bo, dis culture na
Wayao!
Wen one wife be for one man
(Aig-Imoukheiede, F 1982)
The polygamous nature of the Africans posed a big challenge to the early Christian
missionaries as it is against the monogamous marriage of the church. The principle was
that polygamous Christian be excommunicated from the church; also different verdicts
were issued at different time as regard the baptism of polygamous new converts and his
harems as well as the status of his polygamy. Was he a polygamist before or after his
conversion to Christianity? Doi, I.R. elucidates:
In 1888, for example, the first authoritative Anglican ruling on the subject was
given at the Lambeth Conference when it was decided that a polygamist might be
received as a catechumen “but should not be baptized though the wives of
polygamists might be admitted.” In the early stages the Christian missionary
churches were of the opinion that polygamist who had entered into their
matrimonial engagements before knowing the Christians demand in marriage
should not be asked to dissolve all of them save one, but admitted to baptism as
they were. This was a view at vaccine with the almost universal practice.
A woman married to a polygamist was usually permitted to become a
communicant, provided that she married him before her conversion. The Bishop of
Lagos issued the Diocesan Directions in 1948 saying that “…the wives of polygamist
need not to be excluded provided the alliance was entered into when they, the
wives were in a state, of ignorance… The wives of polygamist who knowingly and
45
with their husband after baptism cannot be admitted to confirmation or Holy

Communion” …The 1938 meeting of the International Missionary Counsel at
Tambaram sums up the Christian attitude towards polygamy; “The church must
maintain its insistence on monogamy. This is not a matter to be settled by the
individual conscience the criterion is the will of God for the people whom he has
redeemed and purified in Christ. Monogamy is not a mere factor of Civilization; it
is vital to the life of the Church…” (Doi, I.R. p. 60)
Despite, that the church policy of 1888 and 1938 remain intact, the African Christians
are not enthusiastic about it. Presently, the Anglican churches likewise other
denominations still accommodate polygamists as church members without regard for
the rules. Simply because polygamy is part of African culture which affects their socio-
economic well being, It is not just natural to Africa but to human race. Smith E. E. ,
affirms that while monogamy is not natural to human being, polygamy is natural. She
writes:
We also carry the imprint of polygamy, the Opposite of lifelong fidelity to one
mate…The question is if we carry the imprint of Polygamy, why does modern
society, especially in the western world, advocate monogamy, which goes
against our predilection for multiple [legal] sexual partners?... Given that 80
percent of human societies were polygamous, why did later population become
largely monogamous? (Smith, E.E. 2016)
Furthermore, it is understood from Abdul Rahman Doi’s analysis that most African
men who are monogamists also wished to be polygamist but were only prevented by
their meager income. Polygamy in Africa, Nigeria as a case study is a prestigious custom
which has nothing to do with religion. The reasons elicited from some Christians and
Muslims interviewee by Doi firmly corroborates this assertion. He writes:
A members of the Roman Catholic Church Clearly regarded Polygamy
as a sign of prestige and wealth when He said, “It is a pride to have
many wives in my compound”. Another person interviewed said that
“he practiced polygamy “because having many wives Showed high
prestige among his neighbors” and a Third consider more wives
“a sign of wealth”. Some members of the Anglican Church who [were]
also interviewed had thirty wives, twenty-five wives and fifteen wives
respectively, while an Anglican in communion had ten wives. Another
Anglican who was not in communion said he had married fifteen wives
because “He had complied with his father’s attitude” since his father had
up to fifteen wives… There were some [Yoruba] Muslims who declared that
they were not obliged to limit themselves to four wives and thought that
one should marry “as many as possible”. This indicates that even for the
46
Muslims, polygamy is not a religious affair so much as a traditional practice.

(Doi, I.R. nd, p.63)
In summary, polygamy is more natural to human being than monogamy. In African, it is
more of cultural practice than religion. Notwithstanding, Africans did not just see
monogamy as Western culture but as Christian ideology.
A new look at Christianity in Africa notes:
The Gospel came to Africa on the tidal wave of Western cultural
expansion. In the minds of many, both who felt the tide coming,
and who were part of it ... not much distinction was made between
Christianity and the Culture of those westerners who carried the
Gospel. Understandably enough, therefore, Christianity in Africa
because very closely identified with a particular cultural form...
that of the vigorous white empire. (A new look at Christianity in
Africa p.4)
4.4.2. Polygamy in Judaism
According to the Torah and Talmud, a man was permitted to marry more than
one wife, but a woman could not marry more than one man .Although polygamy
was permitted, it was never common. The Talmud never mentions any rabbi with
more than one wife. Around 1000 C.E, Ashkenazic Jew banned polygamy
because of the pressure from the predominant Christian culture… however, the
modern state of Israel allows only one wife … (www.jewishvirtuallierary.org )
Radford, F.M 2000, Asserts that in the Jewish tradition, the number of the wives a
man could have limited only by his ability to fulfill his marital and sexual duties to each
of them …it was not until somewhere between 960 and 1028 that a definitive Jewish
order against polygamy was entered. (Radford, F.M 2000)
The Bible (Pentateuch) being the primary source of the Jewish law did not prohibit
polygamy. It even preaches equity among the among the spouses and children of a
polygamous home (Dent.21:15-17) most of the key figures in the Bible had two or more
wives such as Abraham, Jacob, David Solomon, .Also, the judges, the rich and nobles
were recorded to be polygamous ‘And so Jurubbal, the son of Josh, went and live in his
own house .And he had seventy sons who went forth from his own thigh. For he had
many wives.’ (Judges 8:29-30;1 chronicles 2;26)
47
However, the angle at which Jews of various communities at particular times

approach polygamy differs and this is due to the dictates or law or custom of the
particular environment .Julius, H. Greenstone writes:
The Jews of Spain practiced polygamy as late as fourteenth century.

The only requirement there was a special permit, for which a certain
sum was probably paid in to the kings treasury a Jew took another wife
(Jacobs ,”sources “, ‘p.xxv.,No.104,london1894)… The Jews of the East live
under Muhammadan rule, but few cases of polygamy are found among them.
(Julius ,H.G.(2002) www.jewishencyclopedia.com 2020)
Also, with the aims of reducing the number of single women and increasing the Jewish
population against Arabs in Israel an orthodox Jewish organization, called” The complete
Jewish home “encourages and facilitates polygamy. (www.timesofisrael.com 2020).
Despite the illegal status of polygamy in Israel since 1977, the authority was
indifferent towards polygamous relationship within the Bedouin sector.
(www.thetimesofisrael.com 2020)
4.4.3. Polygamy in Christianity
4.4.3.1. The Influence of the Monogamous Environment on the Early Church

Christianity was primarily established amidst the communities were monogamy was
both the social and judicial marital norms such as in Roma Greece, West Germany
England, Ireland, the ancient Wales. Despite the easy access to divorce, The Greeks and
Romans religiously practice monogamy (Bouit, J.J 1981, P.109). Westermark cited in
Bouit J.J explains ‘considering that monogamy prevailed as the only legitimate form of
marriage in Greece and Rome, it cannot be said that Christianity introduced obligatory
monogamy into Western world’ (Bouit J.J. 1981, p.110). Therefore, aside religious
consideration, monogamy is preferred by the Westerners
4.4.3.2. Between the Church and Polygamy:
Christianity as identified is a Western religion, society in which their ideology of
marriage places much emphasis on sexuality compare to African where procreation is
the main purpose of marriage. They, the Western society misconceive the real cause of
polygamy. Due to the cultural background of the Western society, the African polygamy
form of marriage is seen as just sexual arrangements so , the early Christian missionaries
believed that plural marriage in African is immoral. Hence polygamy is categorized as
adultery and fornication compare to any scandal in the West, polygamy is a most
dreadful vice. The missionaries’ ardent negative reactions to polygamy actually
emanated from the severe European laws against plural marriage. However, in spite of
48
the unfavorable social repercussions of divorce the Christian church prefers it to

polygamy. (Bouit J.J, 1981, p.111)
Right from the onset Roman Catholic Church has dealt with the issue of polygamy by
not baptizing both the polygamists and their wives especially in American and Asia.
While the majority of the Protestants missionaries to Africa lack the understanding of
theology of marriage and African social pattern. This made them adjudged most of the
African customs including polygamy as incompatible with Christianity. Gradually, the
missionaries got the real understanding of the practice of their place of assignment
( Africa ) that some of them retracted their earlier view on African customs and queried
the church policy on polygamists ( Bouit J.J 1981)
Colenso write:
I must confess, that I feel very strong on the point, that the usual
practice of enforcing the separation of wives from their husbands
upon their conversions to Christianity is quite unwarrantable, and
opposed to the plain teaching of our Lord. (Colenso, J.W 1865. P.139)
The divergent view on polygamy formed part of the ground for the dismissal of J.W.
Colenso from the Church of England. It also, led to the breaking away of new churches
from the older ones (Bouit J.W. 1981)
Furthermore, the attitude of the Christian church towards polygamy can be
understood from the report of the world missionary conference 1910 in which polygamy
is classified among the principal evils and vices as well as characteristics of paganism.
We can only note here some of the principal evils and vices belonging
to heathen life find the following idolatry infanticide immorality, or
impurity of life and speech, violent language and cursing having recourse
to charms and fortune –telling, falsehood, quarrelling and litigation,
drunkenness and the use of opium or hemp, dishonesty and theft,
gambling, bigamy, and polygamy. (World missionary conference
[WMC], 1910, p. 63)
According to the WMC to report, to ensure the purity of the Christian Church from
the outset, some of these serious and complicated vices (polygamy inclusive) which are
already part of the social life should not just be prohibited but be gotten rid of through
enforcement. Because polygamy is one of the gross evils of heathen social which like
habitual murder or slavery, must at all costs be ended (WMC, 1910). The report also
49
acceded that there is no clear-cut evidence from the teachings of the Apostles against
polygamy and it is morally accepted in non-Christian societies as in Africa, India and
China The report reads: In Africa we read of a chief having “there hundred wives” and
both in Africa and in Polynesia the wives are often numbered by tens or by scores’
(WMC, 1910, P.65). The report clearly states that polygamy is a clear defiance to the law
of God. Yet such a custom cannot be overlooked and accommodate while determining
the foundation of the Christian church. Polygamy is therefore a disqualification and
hindrance to baptism and adoption into the church’s fold.
However, various reports and resolution on polygamy have been made in difference
years throughout the worlds by Christian missionaries at different conferences such as
the Anglican by, 1900, Moravian- General Synod of Moravian church, 1879 and India
1906.
Due to some similarities among the reports and resolutions, one of them is presented
here:
China Resolution of Synod of Chao-Hwei-Chow
1. By the law of God marriage in accordance with the truth is that of one man
and one woman, each fulfilling a part in a life-long union, and they may not
be separated. Therefore, if a man who has a wife marries another or a
woman who has a husband is married to another man, in both cases this is a
breach of law of God.
2. If anyone who is a member of the church while his wife survives, again
marries another, he must certainty be expelled from the fellowship of the
church
3. If anyone, before he heard the Gospel, had taken a secondary wife, then
according to the spirit of the Gospel it is right to have some consideration of
is previous ignorance, and therefore, whether the church will receive him to
Baptism or not a matter for minute enquiry and decision according to the
true circumstances of the case, giving him to understand that the church can
by no means look upon it as a light matter.
4. If the secondary wife has no children and is willing to leave how and be
married to another Christian this may be done but it is necessary first to
consult the local session who shall enquire minutely, and decide the matter,
so that no further wrong may be done to the woman concerned.
5. If this secondary wife has children, or if she is unwilling to be married to
another, then they cannot be separated.
6. If for such reasons they cannot be separated them both parties must be
informed that the taking of the secondary wife was truly sinful and cannot be
50
sanctioned by the church but as the matter is ready thus involved, so that the
man concerned is a sincere believer in the Lord and there is no other
obstacle, then the church may receive him to Baptism, but he can never hold
office in the church.
7. In as much as the consequences of these matters are extremely serious, and
are of great difficulty, therefore local sessions must not decide by
themselves. They first petition the presbytery, and await the presbytery’s
minute enquiry and decision, and after sanction has been given such persons
may be admitted to Baptism.
8. Before the rite of baptism is admitted, the clergyman shall first read aloud
the above seven rules, that all the members of the congregation may hear
for their instruction, and thereafter Baptism shall be administered in the
usual form Translated from Chinese original (MWC, 1910, p.325)
From the foregoing, it is clear that there is no single direct in junction from the Bible
against polygamy. All the hue and cry about it in the Christian church is a mere clash of
cultures and ethnocentrism. The Biblical laws and injunction remain the same across
cultures though, their application may differ. Both the Orients and the Occidents have
different norms and cultures and they are not to be compared with each other but
rather the validity of any norm or cultural item such as polygamy should be evaluated
under the lens of the Bible with objectivity and without prejudice. (Bouit, J.J. 1981)
Happenstall notes:
We must refuse to regard as essential what is not firmly rooted in the scriptures.
The absolute truth of Christianity came not from Augustine or Calvin or from
Thomas Aquinas or Martin Luther, or from the Adventist Church. But from The
Holy Bible. The doctrine sacred scripture, miraculously inspired and authoritative
is indispensable to the Christian faith and to the church itself. (Happenstall, E.
1979 p.14)
The words of E. Kolz as cited in Bouit 1981 ‘they (German East Africa) hall refused
baptism to polygamists, not on the grand of biblical principle but because they wanted
to uphold what they considered the united counsel of 1913’ corroborated Happenstall’s
view. Also, W.T. Bartlett in Bouit 1981 announced:
Everybody understand that we are out to fight polygamy…..it is the
great evil in which Satan has power. Everybody must understand
that our mission village stands absolutely four square against
polygamy….we feel that it is absolutely vital to the existence of the
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seventh-day Adventist that we stand against polygamy (Bouit J.J. 1981. P.

125)
Polygamist are seem as devil incarnate that must not go near the church village let alone
baptizing them especially in Kenya and Tangayika (Bouit, J.J)
Furthermore, in spite of all the conferences, discourses and resolutions on polygamy
there has never been uniform application of the church of the policies. Bartlett
succeeded Carscallen as the superintendent of the British East Africa field in 1920, both
of them had contrary opinions on polygamy in the same area.
In India and part of southern Asian Division, Polygamists were baptized while they
were not in European Division. The Eastern Division had no uniform policy on the issue
of polygamy despite that the 1913 Round Table discussion had three representatives
from this division. Likewise in the Africa Division, polygamists were baptized in some
regions but were denied in others. (Bouit, J.J. 1981, PP.126-127).
The disparity of views, opinions, church policies on polygamy and its applications in
the hooks and crannies of world is enough to debunk the Christian church stance on
polygamy as God, the Almighty is not the author of confusion (1 Corinthians 14: 33) and
the absence of a direct injunctions from the Bible led to this confusion this confusion in
the same vein, Bouit 1981 noted:
In the 1926 debate on polygamy, the very vital question of scriptura
l support for the practice of refusing baptism to polygamists was again
voiced. “I would like to ask if it is contrary to the word of God.” No serious
theological argument was presented in response to this challenge. The main
concern pressed forward at the melting seemed to be the urgency of arriving
at a unified stand on the issue and the need of maintaining a high church
standar . (Bouit J.J 1981, p.133)
By and large, the following section shall contain some objections against polygamy
and their Biblical refutations.
4.4.4. Objections against Polygamy and their Refutations.
OBJECTION 1: That Isaac and Rebecca grieved over the polygamy of Esau (Gen.
26:35).
REFUTATION 1: If the Biblical passage is read from the verse 34 as below, one will
understand that the course of their grief was actually not his polygamous marriage but
his marriage to alien ladies. The Bible says: ‘And Esua was forty years old when he took
52
to wife Judith the daughter of Beeri the Hittite, and Bashemath the daughter of Elon the
Hittite. Which were a grief of mind unto Isaac and Rebecca’ (Gen. 26:34 – 35)
OBJECTION 2: That Deut. 17:16-17 and 1 king 11: 1 -8 are against polygamy.
REFUTATION 2: Both Deut.17:16-17 and 1 king 11:1-8 are not specifically against
polygamy but sound a note of warning on the abuse of power, excessiveness
edaciousness and materialism. They also encourage steadfastness and sincerity in the
worship of the only one God by shunning foreign wives. A portion of the verses reads:
‘for it come to pass, when Solomon was old, that his wives turned
away his heart after other gods and heart was not perfect with the
Lord his God, as was the heart of David his father’ (1 king 11:4)
Neither shall he multiply wives to himself, that his heart turn not away
neither shall he greatly multiply to himself silver and Gold.(Deut. 17:17)
OBJECTION 3: That Abraham never intended to be a polygamist if not for the barrenness
of his first wife Sarah (Gen. 16:2-10)
REFUTATION 3: Yes in almost all human culture, barrenness of the first wife is one of the
genuine causes of polygamous marriage. Yet, he was never blamed or cursed by God for
being a polygamist. Rather he was blessed and remains among His favorites. He is even
in paradise (Luke 16:22-25)
OBJECTION 4: That polygamy of the kings characterized by corruption and temptations
therefore is condemned by God.
REFUTATION 4: Nevertheless, there is no simple statement condemning polygamous
marriage from the Bible instead, it addresses the likely evil of marriage to alien wives
and abuse of polygamy.
OBJECTION 5: That these verses 1Ttim. 3:2 and Titus 1:6 are against polygamy
REFUTATION 5: The verses specifically refer to church leader and not church members
let alone general public it is also an indication that some faithful then were polygamous.
1 Timothy 3:2 read thus: A Bishop then must be blameless, the husband of one wife,
vigilant, sober, of good behavior given to hospitality, apt to teach’
OBJECTION 6: That polygamy is like adultery and other immoralities mention in Heb.
13:4; 1 cor. 5:11 and Gal. 5:19-21
REFUTATION 6: Those passages did not mention polygamy at all. The Bible contains
punish for adultery but did not for polygamy. Also polygamy is a legal marriage
recognized by the Bible as practiced by most of the prophets while adultery is not.
53
Hence after a Keen scrutiny of the Biblical verses, it is ascertained that there is no single
unequivocal text which forbids or commands either polygamy or monogamy (Bouit, J.J,
1981 p.81; Zakir Naik)
The Christian believe that marriage is an eternal bond between a man and a woman
to become one indivisible flesh. (Matt:19:5).Therefore, polygamy is not
permitted .Though, there is no unequivocal statement or Biblical verse to support this
age-long doctrine which has practically increased the number of unmarried young ladies
,widows and divorcees in environments where monogamy is strictly adhere to and
polygamy castigated.
If the Israelites were to be monogamous, Pharaoh would not have been scared by
their growing population having being in Egypt for 430 years (Exod.12:12:40).
Monogamy as advocated by Christians is antithetical to God’s plan for man to be fruitful
and multiply on earth (Gen.1:28).it is also contrary to the Bible’s teachings and
permittance of polygamy. (Exod.21:10). In reference to David, God told him: ‘I gave you
your master’s wives ‘(2 Samuel 12:8). God, the Almighty never condemn any case of
polygamy in the Bible other than that of David as regard Uriah’s wife due to the
circumstance around it (2 Samuel 12:8-12).If polygamy is a sin as presented by most
churches, Abraham will not be in paradise (Luke16:19-31).
David, a chosen prophet of God had 8 wives whose names are scattered in 1 st
Samuel and 2nd and first chronicles. Abraham, father of faith and all nations married
keturah as his third wife (Gen.25:1).Among other godly people who practiced polygamy
in the Bible are: Abidjan 2 chronicles 13:21, Ahab 1 king 20:1-3 etc. Even Paul in
1Timothy 3:2 acknowledged polygamy, he did not condemn it.
In lieu of this, the Christians have no substantial scriptural evidence for their
doctrine of monogamy as polygamy is Biblical, monogamy is Western ideology and not
Christian. If polygamy is not prohibited in the Old Testament, it is not a sin the New
Testament. (Matt.5:17)
4.5.1 Polygamy in Islãm

Prophet Muhammad (S.A.W) practiced polygamy based on divine instructional and it
becomes a precept for qualified Muslim to practice their polygamy in such manner. And
indeed most of the companions of the prophet (S.A.W) were Polygyneous so also great
Muslim scholars of all generations. Aside Islam, polygyny is culture of most human race
before the European imperialism, yet, it still survived amidst the institutionalized
monogamy by some modernist Muslims who danced to the tune of the West to
supplant Islamic form of marriage with the failed Western monogamy and strict divorce
54
system having resulted into lewdness and concubinage. (Philip, B. and Jones, J. 2005) In
Islam, polygamy is a legal act yet, it is not mandatory upon every individual male. Allah
says in the Quran 4:3
…then marry (other) woman of your choice two or three or four but
if you fear that you shall not be able to deal justly (with them), then
only one or (captives and the slaves) that your right hand possess.
That is nearer to prevent you from doing injustice (Q.4:3)
The fact that this verse says man should marry two or three or four or one if he
cannot do justice among more than one wife is not an encouragement that every man
should have minimum of two wives. Rather, it is a mere permissibility for those who can
meet the conditions of Islamic polygyny which include ability to equitably provide
shelter, food, cloth and other sustenance to the wives as indicated in the following
Hadiths (Philip, B and Jones, J. 2005)
The prophet (P.B.U.H) said ‘whoever has two wives and unduly to one of them will be
raised paralyzed on the Day of judgment.’ He also said as regard maintenance of woman
in a Hadith reported by Mu’awiyah al-Qushayri ‘that you feed her when you get food to
eat, clothe her when you get clothing for yourself…’ (Sunan Abu Dawud)
4.5.2. Circumstances which might Necessitate Polygyneous Marriage
 Barrenness: One of the reason or importance of marriage is to safe human race
from extinction through procreation. Thus, in the absence of a child in a long
time marriage, a man may opt for another wife while the first wife subsists and
this is better than sending her away. Children partly account for the joy of a
marriage. The Prophet (S.A.W) is reported to have said: ‘Marry the loving and
fertile woman, for indeed I will be proud of your great numbers’ (Abu Dawud
2050) .In addition, the major reason for the polygamous lives of Abraham and
Jacob was bareness of their first wives respectively. The Bible says: (Gen 16:2-9)
‘Now Sarai, Abram’s wife had borne him no children. But she had an Egyptian
maidservant named Hagari, so she said to Abraham, “The Lord has kept me from having
children. Go sleep with my maidservant; perhaps I can build a family through her.”
Abram agreed to what Sara said….’ (Gen 16:2-10) medically, due to abortion,
complications during labour or caesarean section…
 Cultural Practices: in most African societies, a monogamous man could not stand
edge to edge with a polygamist express his views in the presence of polygamous
men who enjoy high social esteem. For the singular reason of fitting into the
55
social class, an average African man practices polygamy. There is a parlance

among the Yoruba ethnic in Nigeria which says: ‘Oniyawokan o kurola’pon’
meaning ‘A monogamous man remains a bachelor’. (goodmanproject.com 2020)
 Itinerant workers: When work takes a man out of his city, town or even country
of residence to other places for a long period of time, he may legally take in
another wife to avoid adulterous life style. Hence, avoidance of adultery is
another reason for Polygyneous marriage (goomanproject.com)
 Levirate: This is a marriage between a widow and her deceased husband
brothers. It is a common cultural practice and there are numerous instances of it
in the Bible. The Qur’an approves it if is not against the wish of the woman.
Marrying the deceased brother’s wife may lead the man into polygyny.
Meanwhile the reason behind this inheritance marriage is to properly take care
of the widow and her children.
 Women are more than men: Right from infancy, scientifically, male are more
prone to death than female. Ponguo Roland explained that this is due to the see
differences in genetics and biological makeup implying that boys are weaker
than girls prone to diseases and death (Ponguo, R. 2013). Male are more
involved in life claiming activities such as war, violent crime deadly sports mining
and other hard labours than females Bilal Philip and Jones state ‘American
woman today can expect to live to be 77.9 years old and men can expect to live
to age 70.3 according to the centre for Health statistics. (Philip, B. and Jones, J
2005 p.48). The legalization of homosexuality in some Western country also
results to reduction in the number of marriageable males.
The below bizarre story of Miejsce Odrzanskie in Poland where for over a decade no boy
was born will corroborate the point that woman outnumber men.
Miejsce Odrzanskie, a small village I southern Poland, near the border with the
Zech Republic is offering reward to the first local family to give birth to a son.
None has been born there in the last nine years and the youngest one that still
lives in the village is 12 years old. No one knows why, but couples in Miejsce
Odrzanskie rarely have boys and local says it’s been this way for as long as they
can remember. Major Rajmond Frischo recently told reporters that after
checking historical record and review registered birth certificate he can confirm
that rare male birth are not just a recent anomaly. He has also pledge to reward
first couple to give birth to a boy…Frishko said. “I think that what the older
residents say is confirmed. Girls are constantly born and birth of boys is rare.
Explaining this puzzle will not be easy…” (https://m.scoopernews.con/detail?
newId=3021689)
56
It should be noted from the 1st paragraph of the above excerpt that aside the scarce
birth of boys most of those that were born did not survive infancy. In this situation,
polygyny is far better that hypocritical monogamy which breeds illegal secret marriages
and brings down the status of woman by turning them into exploitable species in the
hands of ungodly men. Philip, B and Jones j write:
…It becomes obvious that there are not enough men for each woman
to have one. Thus many women are obliged to become mistresses,
girlfriends and playmates to fulfill their natural physical needs,
leaving their psychological needs distorted in such demeaning
relationship. Muslim can choose to join the West in its death throes,
falsely called “progress” and “sophistication”, or choose to retain Islamic
values. It is a fact that the average married Western citizens continue to
seek personal sexual freedom outside the framework of marriage. Serial
or progressive monogamy in which a person marries a number of times is
so widespread today that it has arrived as alternative marriage structure
in American society (Philip, B, and Jones J. 2005)
 Virility of the husband: Obviously, no woman would want to share a husband
with other woman. Since the communal wellbeing overrides individual’s right in
Islamic law, polygamy as a form of marriage is legalized and has the potential to
solve the menace of the ever increasing population of female and scarcity of
male and as well protect the natural right and dignity of woman.
Aside the upsurge in the population of female, virility of a husband may necessitate a
polygamous lifestyle (Philip, B and Jones, 2005). Scientific studies have shown that men
mostly are more easily (even by mere glance at a female picture) and frequently sexually
aroused than woman. They think more about sex than woman. Sexual desire in woman
is usually stimulated by environment, exposure cultural orientation. Sexual desire in
woman is emotionally driven. However, men sex drives are stronger than woman. Philip,
B. and Jones, J. hold that this suites their natural role of motherhood and would surely
enable them build a family, the essential unit of every society. Roy Baumeister cited in
Richard Sine 2020 states that men have more varied fantasies and frequent sexual
aroused and that men seek more sex than woman throughout marriage relationship,
look for more sex partner and usually, show interest in casual sex than woman. They
often seek sex even at wrong places (Richard sine, R. 2020)
Sometimes, to some men, emotion or passion is out of sex. They satisfy their sexual
urges from anywhere it is obtainable irrespective of the personality they want to
cohabitate with, this is one of the reason they go after prostitutes which is a matter of
men seeking sex with woman and not vice versa, so also rape. Male priests are more
often involved in sex scandal than nuns. Richard Sine affirms that:
57
Nuns do a better job of fulfilling their vows of chastity than priests.

Baumeister cites a survey of several hundreds of clergy in which 62%
of priests admitted to sexual activities compared to 49% of nuns.
The men reported more partners on average by the woman.
(Richard, sine 2020)
Therefore, it is observed that when the sexual drive of the husband is proportionately
higher than his wife’s and the wife finds it unhealthy for her to frequently answer his call
for sex, the escape route is polygyny which is much better than divorce because it would
put an end to incessant quarrels as a result of continues denial of sex. It would also
prevent the husband from getting close to promiscuity (Q 17:2) averts heavenly curse
from the wife. Abu Hurayrah narrated that the Prophet (S.A.W) said: ‘if a woman refuses
her husband’s bed and he passes the night in anger, the angels curse her till morning’
(Sahih Bukhari).
 Incapacitation and Insanity of the Wife: if a wife is in capacitated by chronic
illness or diseases such as epilepsy, paralysis, a lingering contagious or diseases
or insanity, it is highly necessary and would be better for the husband to marry a
second wife who satisfy his needs, take care of his children and even assist the
sickly wife. It will amount to cruelty and imhumanity against the husband to
deny him access to polygamy by leaving him alone to fend for the family, look
after the sickly wife and their children.
 Bad Attitude and Unruliness: if the wife possesses bad behavior which defies
corrections or she become recalcitrant and uncontrollable, the husband can
marry a second wife to have rest of mind the Qur’an 30:21 says “And among His
signs is this that He created for you wives from among yourselves, that you may
find repose in them….’( Doi , I.R. nd, p. 114)
From the foregoing, it is crystal clear that polygyny is a blessing in disguise for women
and humanity.
4.5.3. Conditions for Polygyny

The history of polygyny is as old as the history of human race. It is the culture of
almost all Human community with varying manners and degree Since the Qur’an affirms
the unity of the Muslim nation ‘verily this brotherhood of yours is a single
brotherhood...’(Q.21:92). There is need for uniformity in the practice of polygamy across
culture settings and the Qur’an does not leave any issue unattended to ‘…We have
neglected nothing in the Book…’(Q. 6:8). Hence gives guidelines on polygyny in the
following verses:
‘And if you fear that you still not be able to deal Justly with the orphan girls,
then marry (other) woman of your choice, two or three, or four but if you
58
fear that you not be able to deal justly (with then). Then only one or (the
captives and the slaves) that your right hands possess. That is nearer to
prevent you from doing injustice’ (Q. 4:3)
“you will never be able to do perfect justice between wives even if it is
your ardent desire, so do not incline too much to one of them (by giving
her more of your time and provision) so as to leave other hanging (i.e.
neither divorce nor married). And if you do justice, and do all that is right
and fear Allah by keeping away from all that is wrong, then Allah is
over Oft-forgiving, Most Merciful” (Q 4:12a).
It is deduced from the above verse that financial capacity is a requisite for practicing
polygamy. An intending polygamous man must be financial buoyant in order to
adequately cater for the needs of his family.
Another important condition of polygamy is justice. A polygamist must be able to
maintain equity and justice among his wives. A man who lacks this quality is encouraged
to stick to only one wife. Each of the wives in a polygamous must be related to with
justice and equity, none of the wives is superior or inferior to the other. They all have
equal conjugal and social rights unlike the Western polygamy which is devoid of
responsibility as described by Annie Besant, her words:
There is pretended monogamy in the west, but there is really polygamy
without responsibility. The ‘mistress’ is cut off-when the man is weary of
her and sinks gradually to ‘the woman of the street’ for the first lover
has no responsibility for her future and she is a hundred times worse off
than the sheltered wise and mother in the polygamous home when we
see the thousands of miserable women, who crowd the street of Western
towns during the night, we must surely feel that it does not lie in Western
mouths to reproach for its polygamy with respect, than to be reduced to
the cast-out on the streets perhaps with an illegitimate child outside the
pale of law-unsheltered and uncared for , to become a victim of any
passer-by, night after night rendered incapable of mother-hood,
despised by all. (Doi, I.A. nd, p.72)
However, majority of the scholars agree that the Justice stated in the Quran 4:3 is
concern with concrete and material things like feeding, shelter, clothing, gifts etc. A
polygamist must demonstrate equity among his wives in this regard. Whereas the
justice described in the Quran 4:129 that man can never do justice among his wives is
addressing the issue of love, emotion, feelings which is firstly a matter of the heart
which man has no control over but Allah . Abdullah Bin Amr bin al-As reported that the
Apostle of Allah (S.A.W) said:
Verily, the hearts of the children of Adam, all of them, are
59
between two fingers of the Most Merciful as one heart.

He directs them wherever he wills .Then the Prophet said
“O Allah the director of the hearts, direct our hearts to
your obedience (Sahih Muslim 2654 kitaabal-Qadar).
Allah says in the Quran 8:24 ‘… and know that Allah comes in between a person and his
heart…’
The prophet (S.A.W) too, having done humanly possible Justice among is wives is
reported to have supplicated thus. ‘O Allah this is my division in what I possess, so,
please do not hold me to blame for the division (of love) which only you control. (Abu
Dawud 2129)
Secondly, it is due to the interpersonal relationship between the husband and the
wives and how each of the wives comports herself. It is natural that the more good
conduct a wife displays the more endeared she becomes to the husband. Allah is fully
aware of this, therefore, he advised that one should not be totally carried away by the
good conducts of one or more wives at the expense of one or more wives who lack such
good qualities. None of the wives should be abandoned. (Philip, B and Jones, J. 2005)
Another interesting condition of the Islamic polygamy is the restriction to the
maximum of four wives concurrently. Unlike in some civilizations, cultures and religion
were polygamy is Limitless. Nazhat Afza cited in Doi,(nd) Testifies:
Islam removed various domestic and conjugal hardships of woman by prohibiting
unlimited polygamy prevalent in those days and prevailing nowadays in western
society, though of course in our unacknowledged and unlegalised form (Doi, I.A.
p.74)
However, the translation and interpretation of some unscrupulous fellow that the
verse of the Quran - mathna, wa thulatha, wa ruba means ‘two, Two’; ‘three, three’ and
‘four, four’ respectively implies that the maximum a man can marry is eighteen ad
those who claimed is two plus three plus four equals nine lacks merit and it is rejected
by majority of the scholars, so it should be disregarded. Also, such interpretation has
been faulted by the order of the Prophet (S.A.W) to Al-thaqafi, the new convert into
Islam to divorce six out of his ten wives and stick to four (Doi, I.D p.52)
Polygamy is a natural form of marriage which has survived extinction. Islãm only
regulates it. It is one of the numerous women’s rights that Islam has voluntarily
rendered to women over fourteen centuries ago without request. It is a blessing in
disguise to women. Its permittance in Islam is not to oppress women or side with men.
But the Islamic goal of polygamy is to afford every woman the right to marriage and
upbringing of legitimate children. The Permission of polygamy under regulated
conditions is a beneficial social right of both male and female. God, the Almighty in his
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infinite wisdom knows why He permitted polygyny. But humanly, male fatality is far
higher than female , male are more exposed to hazardous works or activities( compare
to female) such as wars and invasions either internal or external(e.g. America against
Iraq, and Afghanistan , ISIS in Syria etc.) and the casualties are usually male leaving
behind humongous number or widows and unmarried young ladies . ( Ibrahim, A. 2020)
As a result, there is higher female population than male, in USA alone, there are 6.54
millions female more than male. In UK, there are 3.86 millions female more than male
(Erin, D. 2020). And Germany has 1.092 millions female more than male (Evgeniya, K.
2019)
However, if every man should practice monogamy, what would be the faith of the
remaining unmarried young ladies and widows? Definitely, polygamy as prescribed in
the in the Islamic Shari’ah is the panacea.
Yes, Islam never mandates polygyny on every individual but allows it with logical
regulations as stipulated in the Qur’an, Suratun-Nisaa verses 3 and 129.
In summary, the Bible speaks in favour of polygamy while most Christians defiantly
antagonize it. The Jews are confused about it whereas, their scriptures uphold it. It is
only Muslims that comply to their Shari’ah rulings on polygamy though some of them do
abuse it.
4.6.1 Divorce
Divorce as a verb according to Cambridge dictionary is to put an end to a marriage
contract through an official or legal process. This is the cessation of marital union,
separation between husband and wife. Different culture religions have handled it
differently in human history with women at the receiving end. From the outset of a
consensual sincere marital relation, no couple would have dreamt, or wished for a
divorce.
While divorce was very loose in the early Greek society, the primitive Romans made
it impossible to achieve after the rites of marriage had been concluded. Due to the
absence of divorce in the religions law, spousal killing could occur to get rid of one’s wife
or husband. Though, the laws of the Twelve Tables (451-450BC) made a provision for
divorce with the power vested in the husband (Doi, I. A. nd p .78).
Divorce among the Arab of Pre-Islamic era was determined by the nature of
marriage practiced in a particular region; patrilineal or matrilineal marriage. If it is
matrilineal marriage, a woman can divorce her husband at will by just changing the
direction of her tent, east to west or north to south and vice versa. While in patrilineal a
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woman had no right to divorce at all she was considered part of the husband’s property.
(Smith, W.R. 1907)
Gone are the days when family ties were held in high esteem and divorce was very
rare and stigmatized. Today, it has become the trend with alarming rate, formally and
informally, both in regular marriage and legal partnership. The religious courts of the
supreme court in Indonesia granted 344,232 divorces in 2014 alone, 347,256 in 2015
and 365,633 in 2016 with an annual increase of about 3% (Gabriella, D.B.2017) from 2.2
Million marriages that were conducted in EU in 2016 there were about 1 Million
divorces (eu.europa.edu 2017).Vanguard news reported that between January and
March 2017, 24 divorces case were filed in a single court in Abuja, Nigeria.
(vangardngr.com April 2017). Divorce Magazine reported the provisional number of
marriages, divorces and annulment rate in the United States for the period between
2000 and 2017 where it represented the number of marriage for 2016 to be 2,245,404
implying 7.0 per 1000 of the total population (www.divorcermag.com, 2019)
Furthermore, it presented the percentage of new marriage that end up in divorce in
2012 only from Sweden 54.9%, Belarus 52.9%, England 51.2%, Luxembourg 47.4%,
Estonia 46.7, Australia 46% and united States 45.8. The divorce rate in Montana as at
2014 was 12.2 divorces for every 1,000 and Idaho had 14.4 divorces cases per 1,000
women (www.divorcemag.com2019)
However, Divorce is capable of having devastating emotional, social and psychology
effects on the couple, children and the society at large. There are ranges of factors that
can lead to divorce and the list is endless. They include; child marriage, Domestic
Violence, Women Independence, Liberal divorce Law, Risk taking behaviors, arranged
marriages, Financial problem, Infidelity, conflict and arguing, incompatibility etc.
4.6.2. Causes of Divorce
The following are some of the factors that can lead to dissolution of marital union.
1. Gender Role and Female Employment: Increase in married women employment and
shift in gender role from imbalance to gender equality. Some women pursuit their
career religiously at the detriment of their role at home. This drastically affects
marriages and the eventual dissolution of some. Harkonem states: ‘indeed, the
trends in female employment and in divorce rates have closely followed one another
and a positive relationship between the two is also visible across countries’.
(Harkonem J, 2014). The higher the earning of career women the higher the
tendency of losing their marriage because she is already engrossed in her job and
can sacrifice anything to sustain and keep her career growing. This eventually
resulted into more female filing for divorce than male. Despite its adverse effects on
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their children especially those women who are more economically stable than their
husband. Lowenstein (2005). It was noted that some unemployed women remained
in their marriage despite its bitterness, economic statuses. Lowenstein (2005) and
the idea of “common purse” or joint account still prevent some marriages from
dissolution.
2. Low Intelligence: Education and Social skills: it was discovered that couples with low
education, intelligence and or social exposure have higher rate of divorce compare
to those highly educated, intelligent and exposed. This implies that people with
advanced education are meticulous in selecting spouses and this make their
marriage work (Lowenstein, 2005)
3. Alcoholism and Drug Abuse: Both drunkenness and substance abuse have been
identified as some key factors contributing to increase rates of divorce in America. A
drunken person is proven to misbehave and quarrel with people around him or her.
It can degenerate to incessant domestic violence which is another cause of divorce
(Lowenstein, 2005)
4. Sexual Incompatibility: Richard Sine (2020) affirms that men’s sexual drives are
usually stronger than women. They have frequent sexual arousal and fantasies than
women. That men do want sex more than women at every points or stages of
marital relationship whereas women sex drive are somewhat weaker and vulnerable
to influence. Though, it is not always as just explained there are certain instances
when a wife would have higher sexual drives than her husband or would have a
different perspective or attitude to sex due to previous sexual life style
(Cohabitation, Legal relationship). This will surely affect her current marriage and
stands at higher risk of divorce. If on the other hand the wife is the spouse with
lower sex drive, divorce is among the lines of options available aside polygamy if
allowed or adultery which is a vice and ridiculous.
5. Diverse Interests and Status: Difference of opinions, is often the source of argument
in every gathering and interaction so, if there is serious differences in the lifestyle of
a couple; they are at the risk of divorce. Whereas, a marriage in which the couple
have more similarities ranging from religion, work, educational level, ethnicity, goals
and social life style tends to last longer than a union where these are lacking
(Lowenstein, 2005)
6. Child Marriage: Among other names which are synonymous to child marriage are
‘underage marriage’, ‘Adolescent marriage’, ‘and teenage marriage’. This is a
marriage between individuals who are not medically, psychologically and physically
prepared to marry. This stage of life features emotional instability, nasty and hasty
decisions which may lead to marriage without consideration of its responsibilities,
just to fulfill sexual needs. Thus, this unpreparedness to tackle marital challenges
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and emotional immaturity often lead to marriage dissolution. It was also observed
that some of these child or too early marriages came about as a result of premarital
pregnancy and shortly after the baby is born, some of the marriages collapse
(Gabriella, D.B, 2007 p.9). Also, Lowenstein (2005) noted that the risk of divorce is
higher for a woman who married before the age of 18 than one who married after
the age of 20.
7. Liberal Divorce Laws: Since 1965 to 2016 the rate of divorce has tremendously
increased in EU member states. Many studies attribute this increase to the change in
divorce law from mutual consent to permittance of unilateral divorce 1970 – 1985.
Previously, divorce was prohibited in many western countries and was recently
legalized in Spain 1981, Malta 2011, Ireland 1997 and Italy 1974. Adultery, insanity
with tiring process before 1970 when California opened the floodgate of the
liberalization of divorce in which anyone of the spouse can sue for divorce without a
reason (Harkonen, J.2014, p.8). Ever since with the ease procedure of obtaining
divorce, the national divorce rate in Scotland, England, Italy and Wales has doubled
(ec.europa.eu; Lowenstein, 2005)
4.6.3. Consequences of Divorce
The aftermath of divorce can either be positive or negative. Majority of the
researches conducted usually emphasis the negative results of divorce. Some of the
benefits of divorce include: avoidance of spousal murder, an instance of this is murder
of Mr. Haliru Bilyaminu Bello by his wife Maryam Sanda on November 18, 2017 at
Maitama, Abuja, Nigeria and the consequent death sentence of the wife on January 27,
2020 at Federal Capital High Court (FCT). If divorce had taken place prior that fateful day
the death could have been averted. Premium Times writes:
In his testimony at the beginning of the trial, Ibrahim Muhammed,
a friend of the deceased’s and a key witness, said he was at the
Maitama residence of the couple on the night of November 18,
2017 for over eight hours before the tragedy struck. He recalled
how an argument had degenerated into fisticuffs…. Mr. Muhammed
said Ms Sanda issued many threats to her husband, including to chop
off his genitals if he declined to grant her divorce (www.premiumtimesng.com )
It can reduce rate of female suicide, rate of domestic violence. It is also a sigh of relief to
some separated couple.
Effects on Children’s Academics: The immediate economic standard of the couple
after divorce and the circumstances around it is capable to hampering the academic
performance of the children (Harkonen J. 2014) Separation between parents affects
children in many aspects of life in relation to the age of the child or children at some
divorce. Patrick and Aaron 2012 present the opposing findings of an American Study and
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Norwegian research on the negative effects of divorce on children. While the Americans
found out that the children who are in grades six or ten when their parent divorce were
more likely to get lower grades than those who experienced it at earlier stage, the
Norwegian came out with direct opposite of it. That children in the early classes from
kindergarten to grade 5 get lower score. (Patrick, F.F. and Aaron. 2012). Also, poor
academic performance set in for elementary school children immediately their parent
involve in divorce and remains throughout the elementary school. B y the age of 13,
there is a significant difference between the reading abilities of the divorce parent and
children of unbroken home and High school students of divorce homes have about 11
percent GPAS lower compared to their counterparts in stable homes. It was noted that
the negative effects of divorce on children and teenagers is a long term one. (Patrick,
F .F and Aaron 2012, p.28)
Absenteeism do hamper learning progress and divorce often lead to frequent
students absence from school therefore negatively affects the students academic
performance. Among the evil consequence of divorce on children education is
expulsion, suspension or dropout. Patrick and Aaron 2012 write:
Children who experienced their parents’ divorce or separation are

less likely to complete high school. An Australian study found that
children of divorced families Are 26 percent more 4 likely to drop out
of secondary school than children raised in intact families, and found
that remarriage did not alleviate the effects of divorce children’s
educational attainment(Patrick F, F and Aaron, C. 2015, p.30)
4.6.3. 1. Effects of Divorce on Children’s Behaviour: Every child and even adolescent
has the tendency of misbehaving and exhibiting some anti-social behavior. But with the
presence of and keen supervision by both parents without pampering from either side
those juvenile delinquencies would be curbed and corrected. Meanwhile, separation
between parents would pave way for that ill-behaviour to explode thus creating public
nuisance and disturbance. Various studies have shown divorce as the major factor
responsible for juvenile crimes and antisocial behaviours. Patrick and Aaron 2012
report:
Robert Sampson… reported after studying 171 cities in the United

States with population over 100,000 that the divorce rate predicted
the robbery rate of any given area regardless of its economic and racial
composition. In this communities, he found that lower divorce rates
indicated higher formal and informal social controls (such as the
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supervision of children) and lower crime rates. In 1994, it was reported

in Wisconsin that the incarceration rate of juvenile delinquent was 12
times higher among children of divorce parents than among children of
married parents. In a British longitudinal study of male age 8 to 32,
David P. Farrington, Professor of Criminology…. Found experiencing
parental divorce before age of 10 to be a major predictor of adolescent
delinquency and adult criminality. Adolescents from divorced families
(particularly those in divorced single father families) display more antisocial
and violent behavior than adolescent in biological intact families.
Children of divorced parents are significantly more likely than children of
intact married families to be delinquent by age, regardless of when the
divorce took place. At 1985 study that tracked one thousand families with
children age six to 18 for six years found that children living in intact married
families exhibited the least delinquency, while children with stepfathers were
more likely to exhibit the most disruptive behaviour among adolescent girls,
there is a strong correlation between family structure and delinquency, hostile
behavior, drug abuse, larceny, skipping school, and alcohol abuse. One study
found out that parental divorce and maternal non residence to delinquent
behaviour in girls… (Patrick F.F and Aaron, C. 2012 pp. 34 – 36)
Also, children of divorced marriage are not saved from sexual abuse including pre-
pubertal sex especially from stepfathers. The chance of its occurrence could be as 40
times higher than sexual abuse a biological father in intact families regardless of the
girl’s (victim) age (Patrick F.F and Aaron C. 2012)
The effects of divorce on children include depression, emotional and psychological
well-being, positive attitudes to cohabitation and negative attitudes to marriage
((Patrick F.F. and Aaron, C.)
Economic Effects of Divorce: Contrary to common opinions, men also experience
economic hardship, and reduced standard of living after a divorce. Although, some men
whose economic reliance on their spouse was less than 20% of the pre-divorce income
are less affected financially.(Lowenstein L.F. 2005).
A sudden dramatic reduction in the standard of living and incessant disagreement
between the couples after divorce greatly affect the lives of the children in all aspects
(Harkonen J. 2014). In respect to child marriage, divorce becomes an additional
economic burden so the ‘girls’ family most especially when she returns with one or two
grandchildren in a situation which the divorced husband does not care about the
welfare of his child(ren) (Gabriella, D.B. etal 2017, p. 49)
Patrick and Aaron agreed that several women experienced a mega in their financial
status after divorce which eventually affects their children and that the low educated
women suffer this more than highly educated ones ditto for men. Also most applicant of
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welfare benefits are divorced women (Patrick , F.F. and Aaron C. 2012)
Divorce is capable of pushing one into life of poverty. Divorce mostly has negative
repercussion, on women who largely depended on their husband before dissolution
while the man may add more to his savings. Divorce often lead to poverty (Harkonen, J.
2014) Divorce usually weaken relationship among parents, children, grandchildren and
grandparent just as the children of divorce parents too are susceptible to divorce
because they may inculcate some interpersonal skills which are not healthy for conjugal
stability and might likely perceive dissolution as a panacea to marital challenges
(Harkonen, J. 2014; Patrick, F.F and Aaron, C, 2012)
By and large, as marriage is natural, so also divorce is part of human nature. It is
inevitable in a society. Sometimes, it could be the best step to take in life and another
time, it could be the worse option as it might be necessary at certain circumstance not
that important. A couple or an individual should keenly weigh the pros and cons before
taking the bold stem.
Nevertheless, when one’s spouse becomes ‘bitter half’ and not ‘better half’, the best
alternative is to walk out of such marriage legally and avoid ‘spousal murder’ either of
the spouses could be the victim. Simply prolonged quarrel and incessant domestic
violence might eventually lead to death. The Biblical verse Exodus 14:14: “The Lord will
fight for you, and you have only to be silent” does not work here but Leviticus 10:10:
“Ability to decide for yourself”
4.7. Divorce in Judaism
Initially, in Jewish law the husband could divorce his wife without her consent but
later on the wife’s consent became necessary with the husband solely possessing the
power of get (divorve certificate). (Matt 5:31-32 (Radford, F.M. 2000)
Get is the Hebrew word for divorce document. It is an important aspect of the
Jewish divorce process without it marriage cannot be dissolve and a divorced wife
cannot remarry another man. Rabbis in Israel will never officiate at a wedding of any
divorced person without a get. The presentation of a get is an injunction from
Deuteronomy 24:1 Isaiah 50: 1, Jeremiah 3:8. ( www.jewishvirtuallibrary.org ).
However, in a situation whereby a Jewish man denies his divorced wife a get, hence
preventing her from remarrying another man in the future. This kind of woman is known
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as agunah – “a chained woman’ and any child born in the state is considered
illegitimate.
Also, legally divorced couple are not permitted to marry each other again and cannot
marry a Kohen ( www.jewishvirtuallibrary.org ).
4.8.1. Divorce in Islam
Divorce is a common social phenomenon from time immemorial. It is so delicate

that a chapter of the Glorious Quran is titled after it. Suratul –Talaq (The Chapter of
Divorce, Q. 65) where issues concerning divorce are explained. Islam allows divorce as
the last resort of a troubled marriage after all means to resolve marital disputes and
reconcile between the couples had proved abortive. To avoid further injury, injustice,
suffering or even loss of live(s) a marriage can be dissolved honorably. ‘The divorce is
twice, after that, either you retain her on reasonable terms or release her with
kindness…’ (2:229). While marriage is extolled, encouraged by Islam, and expected to be
terminated by death, divorce is detested and it is another means of dissolving conjugal
relationship. Prophet Muhammad (S.A.W) is reported to have described divorce as the
most disliked act before Allah though permitted. Many customs and religions practice
divorce in various ways which put women in bondage, difficulty and at the mercy of her
husband. Islam though grants a man unilateral decision to divorce his wife but check his
excess with several rational restrictions. (Furqan, A. 2014)
The Islamic divorce system and procedures is not to belittle women or ridicule
them but to ease their affairs in crucial moments and secure their rights in equitable
ways. Many a people have misconstrued the concept of divorce in Islam by believing
that men alone has the right to divorce their wives unilaterally whereas women too
have corresponding right to initiate divorce (Khul’). And woman shall have rights similar
to the rights against them…..’ (Q2:228). On certain situations, when the husband is
denying her some of her right or victimizing her, the wife may report him at the court
and a divorce through this means is called tafriq (legal separation). Also both couples
can mutually dissolve their union and this is called Mubara’ah. Divorce could be
revocable (raji’) or irrevocable (ba’in), Ahsan – most approved or Hasan – approved
depending on the procedure and manner it takes. The kinds of divorce are overlapping
and below are lists of some as categorized by Furqan (2003):
1. By the husband
i. Talaq (Repudiation)
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ii. Ila – conjugal suspension

iii. Zihar – injurious assimilation
2. By the wife
i. Talaqut – tafwid – delegate divorce
ii. Khul’ – redemption
3. By common consent
i. Khul’ – Redemption
ii. Mubara’ah – mutual agreement
4. By judicial process
i. Li’an – mutual imprecation
ii. Faskh– judicial rescindment /annulment (Furqan, A. 2003)
Talaq – Repudiation
The Arabic word ‘Talaq’ literally means to untie a knot or ‘to release’. Technically, it
means divorce, to put an end to a marriage relationship. A husband has the right to
repudiate his wife unilaterally either verbally or in written form with direct word such as
‘I talaq you’ or ‘I divorce you’ and expressed in an indirect manner (Kinayah) it must
imply intention of divorce and the ‘Iddah of divorce starts immediately after the
pronouncement of Talaq. Thus, Talaq can be revocable (raji’) or irrevocable (Ba’in). The
revocable talaq is the approved one this gives the husband opportunity to take back his
wife before the expiration of the ‘Iddah, this is the approved Talaq (sunnah).
Meanwhile, the irrevocable divorce does not give room for this. It include Talaqul -
Bidi’ah (divorce of innovation) triple declaration. The Talaq raji’ can either be Ahsan or
Hasan . (Furqan, F. 2003, Doi, I. A. nd)
Talaq Ahsan (The Most Approved).
This is a single pronouncement of Talaq between the periods of three
menstruations while intercourse has not taken place (tuhur). However after the singular
pronouncement, the wife Iddah starts a period of three Qurus- menstrual intervals for a
menstruating woman, an equivalent of three months for non- menstruating woman. No
observance of ‘Iddah for an unconsummated marriage and the Iddah of a pregnant
woman is at delivery. The purpose of the ‘Iddah is for reconsideration and cooling of
temper (Doi, I.A.). Also, the conjugal duties and responsibilities subsist during the ‘Iddah
including maintenance of the wife and resumption of sexual intercourse terminate the
divorce process and therefore, the divorce is revoked and counted as single talaq. One
of the benefits of this process is that if either of the spouse dies during this period, the
right to inheritance is protected. If the husband did not revoke his talaq before the
expiration of the ‘Iddah, then the divorce becomes irrevocable. Should he want to marry
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her again, he is required to perform fresh nikah with new mahr. (Furqan, A. 2003, Doi, A
(nd) and Booley, A. 2014)
Talaq Hasan(An Approved Talaq)
‘Hasan’ means ‘good’ or ‘approved’. It is also an approved form of Talaq but its
approval is lesser in degree compare to Ahsan. It comprises of three pronouncements of
talaq during three consecutive period of purity (tuhur). Its consecution does not really
mean there is no interruption. In fact, there might be interval of months or years among
the three months (period of purity). Each of these pronouncements should be made
when no sexual intercourse has taken place after cleanliness from menstrual cycle. After
each of the first two pronouncements, the husband may reverse is declaration, verbally
or via sexual intercourse before the expiration of ‘Iddah. But when he pronounces the
third Talaq, he can never revoke it and they cannot marry each other again except after
or with Tahaleel (Furqan A. 2003; Doi, I.A, nd) Allah, the almighty says:
The divorce is only permissible twice, after that, either you retain her
on reasonable terms or release her with kindness. And it is not lawful
for you (men) to take back (from your wives) any of your Mahr (bridal
money given by the husband to his wife at the time of marriage) which
you have given them, except when both parties fear that they would be
unable to keep the limits ordained by Allah (e.g. to deal with each other
on a fair basis). Then if you feat that they would not be able to keep the
limits ordained by Allah, then there is no sin on either of them if she
gives back (the Mahr or a part of it) for her Khul (divorce). Those are the
limits ordained by Allah, so do not transgress them. And whoever
transgresses the limits ordained by Allah, then such are the Zalimun
(wrong-doers etc) (Q. 2:229 Mohsin Khan).
Furthermore, the word Tuhur is emphasized in the above explanations due to its
importance in relation to divorce. The tradition of the Prophet (PBUH) contains:
Abdullah (b. Umar) reported that he divorced a wife of his with the
pronouncement of one divorce during the period of menstruation.
Allah’s Messenger (may peace be upon him) commanded him
to take her back and keep her until she was purified and then she
entered the period of menses in his (house) for the second time.
And he should wait until she was purified of her menses. And then
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if he would decide to divorce her, he should do so when she was

purified before having a sexual intercourse with her; for that was
the ‘Iddah which Allah had commanded for the divorce of women.
Ibn Rumh in a narration made the addition. When Abdullah was
asked about it, he said to one of them. If you have divorce you
wife with one pronouncement or two (then you can take her
back) for Allah’s messenger (May Allah be pleased with him)
Commanded me to do it; but if you have divorced her with three
Pronouncements, then she is forbidden for you until she married
another husband, and you disobeyed Allah in regard to the divorce
of your wife what He had commanded you (Muslim said; the word
“one divorce” used by Laith is good) (Sahih Muslim, Book 9,
Number 3474)
Tahleel (Intervening Marriage)
Tahleel is the act of making something lawful. Initially, in the pre-Islamic era, it was a
trick to make an irrevocably divorced wife become lawful for her husband by arranging a
third person who would marry the divorced woman with the condition that there should
be no intercourse between them. Then, the second husband will divorce her after which
she would become lawful for the first husband to marry.
The Shari’ah ruling on Tahleel is that a husband who divorced his wife irrevocably
cannot re-marry her back except the divorced women had contracted another fresh
consummated marriage with another man and this second husband died or divorced her
again without the hand or involvement of the first husband, then she is now lawful for
the first husband to marry. (Doi, I.A. nd; Furqan, A 2003) Allah the Almighty says in
Suratul-Baqarah:
And if he has divorced her (the third time), then she is not lawful
unto him thereafter until she has married another husband.
Then, if the other husband divorces her, it is not sin on both of
them that they reunite, and provided they feel that they can keep
the limits of ordained by Allah. These are the limits of Allah, which
He makes plain for the people who have knowledge. (Q. 2:230, Mohsin Khan)
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Prophet Muhammad (PBUH) emphasized the consummation of the second marriage

before remarriage with the first husband can be possible. Aishah, (May Allah be pleased
with her) narrated:
The wife of Rifa’a Al-Qurazi came to the Prophet and said, “I was Rifa’as
wife, but he divorced me and it was a final irrevocable divorce. Then I
married Abdu-Rahman bin Az-Zubair but he is impotent”. The Prophet
asked her “Do you want to remarry Rifa’a? You cannot unless you had a
complete sexual relation with your present husband…” (Sahih Bukhar,
Vol. 3 Book 48, Number 807)
The wisdom behind this is firstly to protect the rights of women and preserve their
honours against what was obtainable in the pre-Islamic era. Secondly, to act as a check
to hasty decision of man and enable them to utilize the opportunity for consideration
and reconciliation and also to reduce the rate of divorce because it will be disgusting to
have one’s wife laid with another man before one can resume connubial relation. (Doi,
I.A. nd). The Prophet PBUH cursed those involved in feigning tahleel.
Talaq-ul-Bidi’ah
Ordinarily, as discussed above, a marriage becomes irreversibly dissolved after the
third pronouncement of ‘talaq’ at different occasions and time from the first and second
ones. But after the demise of the Prophet (PBUH) another form of divorced emerged
and precisely enjoyed prevalence during the Ummayad dynasty (Furqan, A. 2003) as the
name implied Talaqul-Bidi’ah- Divorce of Innovation. It is the act of making divorce
irreversibly in one sitting by pronouncing it verbally and physically to the wife or through
a phone conversation or in written form which may include genuine email or text
messages that ‘I divorce you’. I divorce you or in one sentence ‘I divorce you three
times’.
Doi clearly writes:
This form of divorce [triple talaq] leaves no room
for conciliation and no chance for reconsideration.
This is usually done by ignorant Muslims to satisfy
their selfish motives. When these ignorant people
pronounce divorce thrice at the same sitting,
they commit a heinous sin against the precepts
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of the shariah. The prophet [P.B.U.H] has very severely
denounce this practice and the [2nd] khalif ‘Umar

used to whip the husband who pronounced divorce
thrice at the same sitting (Doi, I.A nd, p.84)
Therefore, the pronouncement of triple talaq at one sitting, according to majority of
scholars is seen as sin and counted as one talaq except the Hanafi School who take it
effective though, they consider it a grievous sin and undesirable. (Furqan, A. 2003)
Talalqul-Ba’in (Irrevocable Divorce)
Talaqul-Ba’in takes effect after the Third pronouncement of Talaq-divorce be it Ahsan or
Hasan or divorce before the consummation of marriage. In this case, there is no room
for revocation except Tahleel has taken place. (Doi, I.A nd, p. 83)
4.8.2. Women’s Rights to Divorce.
It would amount to a clear injustice to allow only the husband to initiate a divorce
unilaterally when a marriage is not working out and it is stated in the Qur’an that Allah is
not unjust to anyone (Q.41:46). Hence, Islam equally gives a wife the right to initiate
divorce when she feels dissatisfied and uncomfortable with a marriage (Q.2:228) via any
of these means; Faskh, Talaqut-Tafweed, Khul and Mubara’ah.
Faskh
Faskh linguistically, means ‘invalidation’, ‘annulment’ ‘rescission’ ‘cancellation’ etc.
Technically, it is annulment or abrogation of marriage contract by court order or a Qaadi
based on the wife’s application if one or some of the below conditions occur. Booley, A
calls it a fault based divorce initiated by the wife (Booley, A. 2014)
I. Apostasy of either of the spouses
II. Lack of equal status or compatibility of the spouses (kafa)
III. Absence of the husband or imprisonment or disappearance
IV. Lack of maintenance
V. Breach of contract
VI. Due to discord, injury or physical abuse
VII. Due to li’an (mutual imprecation) or ‘Ila (vow of conjugal suspension)
VIII. Lack of piety on the side of the husband
IX. Due to impotency
X. Even khul’ can result to faskh when the husband refuses to grant it. (Doi, I.A;
Furqan, A.2003; Booley, A. 2014)
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Islam gives woman the right of Faskh to dissolve their marriage if it is not working
out as against the men’s right of talaq. Yet, faskh should be the last option after all
means to conciliation have failed (Doi, I.A.) Allah says In the Qur’an:
And if a woman fears cruelty or dissertations on her husband’s part
there is no sin on them both if they making peace is better. And human
inner-selves are swayed by greed. But if you do good and keep away from
evil, verily, Allah is Ever well- Acquainted with what you do.(Q.4:128)
Talaqut-Tafwid (Delegated Divorce)

This is a situation in which the husband delegated to his wife the power to pronounce
divorce upon herself if he fails to fulfill certain promises which are not against the
Shari’ah of Islam (Furqan, A.2003)
Khul’ (divorce Initiated by the wife)
Women are prone to maltreatment, victimization and torture in a society where
divorce is not permitted. Though, in some marriages woman appear to be the oppressor
tormenting the husband. If Islam did not give the right of divorce to both husband and
wife respectively as it had done will be in perpetual unhappiness and live a miserable
life. As the husband is endowed with the right of talaq unilaterally also the wife has the
gift of Khul’ as an escape route from an unhealthy marital relationship. (Doi, I.A.
1984.p.192)
Khul’ is derived from the Arabic verb khala’a meaning ‘to remove’ ‘to put off’ or
‘put away’. Thus we have ‘khul‘ut-thaub meaning to remove or release a dress from the
body. And Allah refers to husband and wife as garment to each other (Q.2.182) or
khul’ul-na’al removing shoes. Allah commanded Musa (RBUH) ‘Verily, I am your Lord! So
take off your shoes, you are in the sacred valley, Tuwa’ (Q. 20:12). If a wife on her own
volition sees that she cannot continue to cope in a marriage for a or some reasons best
known to her, she can request her husband to release her from the marriage and she
will therefore return part or the whole of dowry paid to her (Q.4:128). If the husband
declines to oblige her request then, a Qaadi can intervene. Doi (1984) explains:
The Shafi’i jurists say “It is a separation sought with something
given in return and with pronouncement of the word divorce or
Khul’ “it can be achieved through mutual agreement of the two
parties or through the order of the Qaadi on payment by the wife
to the husband a certain amount that does not exceed what was
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given to her as dower (mahr). (Doi ,I.A. 1984,p.192).

The ruling on Khul’ is based on the above Qur’anic verses and this tradition of the
prophet (P.B.U.H) as narrated by Ibn Abbas:
The wife of Thabit bin Qais came to the prophet (P.B.U.H) and said,
O Allah’s Apostle! I do not blame Thabit for defects in his character
or his religion, but I, being a Muslim[ah], dislike to behave in an
un-Islamic manner (If I remain with him)”. On that Allah’s Apostle
said (to her), “Will you give back the garden which your husband has
given you (as mahr)?” She said, “Yes” Then the Prophet [P.B.U.H] said
to Thabit, “O Thabit! Accept your garden and divorce her once.
(Sahih Bukhar, vol.7 Book 63, Number 197)
Furqan (2003), argues that should the husband decline to release his wife and it
eventually gets to court, it is not the right of the court to investigate the genuineness of
wife’s reason for separation because her right to Khul’ is equal to the man’s right to
talaq (Furqan, A.2003). While Doi (1984) holds that Khul’ must not be opted for on
flimsy excuses based on the warning of the prophet (P.B.U.H) ‘if any woman asks for
divorce without any specific reason, the fragrance of paradise will be unlawful for her’
He therefore identifies the following as the genuine reasons for a woman to exercise her
Khul’ via ‘Tafriq’- Legal separation:
1. Habitual ill-treatment of the wife
2. Non-fulfillment of the terms of the marriage contract
3. Insanity
4. Incurable incompetency
5. Quitting the conjugal domicile without making provision for the wise
6. Any other similar causes which in the opinion of the Qaadi justifies a divorce.
(Doi, I.A. 1984, P.195)
Divorce is called Talaq in Arabic. It is the dissolution of marriage contract and
separation between husband and wife. Islam reluctantly permits it under certain
circumstances as the last resort or available alternative (Q.2:227) Despite the various
measures used by Islam to safeguard marriage and prevent divorce, there exist
situations in which divorce is inevitable such as continues wife battery and deprivation.
In this situation, divorce is highly necessary to avert death or and serious injuries.
(Ibrahim, Amim) Also, discovery of fosterage shall automatically result into divorce.
‘Uqbah bin Al-Harrith narrated: ‘I married a woman and later on a woman came and
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said, ”I suckled you both.” So, I went to the prophet (to ask him about it). He said (that
you were foster brother and sister)? Leave (divorce) her’. (Sahih Bukhari, vol.3 Book 48,
Number 828) The Q2:228-232; Q.4:35 contain injunctions on divorce.
Radford, F.M. writes that Shari’ah permits a husband to divorce his wife unilaterally
but gives the wife some rights to seek divorce through the Judicial system-Khul’, faskh.
(Radford, F.M. 2000)
4.9. 1. Divorce in Christianity
Basically all major world religions encourage marriage and discourage divorce. The
Christian church see marriage as the union between Christ and the church which is
inseparable (Ephesians 5:25:33; Matt 19:6) and a convent before God (Matt 5:33).
Divorce is among the most repeated phenomena in the Christian Bible. Divorce as an
aspect of adultery which is one of the prohibited actions in the Ten Commandments.
However marriage is the God’s plan for man. The Bible says: ‘That is why a man leaves
his father and mother united to his wife and they become one flash’ (Gen:2:24).
A lot of things happen in marriage such as incest between father and daughter
bisexuality of a spouse, infidelity, pedophilia, prolonged quarrel, domestic violence,
abusive characters, denials, unfulfilled marital life, drug addiction etc. In case a marriage
is embattled with one or some those listed behaviors and all efforts to reform the
spouse prove abortive should the affected partner continue with such a union or seek a
divorce? Here is the church view on divorce and remarriage;
The Anglican Church does not really preach divorce but allows it as the final solution
to unrepairable collapsed marriage and allows the divorcee to remarry in the church.
Unlike the Anglican, in the Roman Catholic Church, marriage is one of the sacraments
and cannot be dissolved except via annulment or death of a spouse. Even if a couple
obtains civil divorce, they remain husband and wife before God and cannot remarry in a
Catholic Church. (Doi, I.A. nd) There argument is built on this and similar verses: I tell
you that anyone who divorce his wife, except for marital unfaithfulness and marries
another woman commits adultery (Matt. 19:9)
Annulment is the invalidation of marriage contract if it lacks any or all of the
following conditions;
 The couple must freely marry without force or reservation
 They must honor and love each other for life
 They must accept children lovingly from God
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In this situation, either or both of the spouses may request the marriage to be
declared null and void and secure a decree of nullity in order to be freed for
remarriage in the church. (www.bbc.co.uk2020 ).
The implication of this is that the Roman Catholic does not preach divorce, neither
does it directly allows it.
However despite that the Bible does not encourage divorce, it is permitted on certain
circumstances which are sexual immorality, infidelity, Hardness of human hearts and
disbelief or difference in religion as contained in the principal passage on divorce as
follows:
The Pharisees also came unto him tempting him, and saying unto him, is
it not lawful for a man to put away his wife for every cost? And he answered
and said unto them, have ye not read that he who made them at the beginning
made them male and female, and said, for this cause shall a man leave father
and mother, and shall cleave to his wife. And they twin shall be one flesh?
Therefore, they are no more twins but one flesh what therefore God had
joined together, let no man put asunder. They say unto him why did Moses
then command to give a writing of document to put her away? He said unto
them, Moses because of the hardness of hearts suffered you to put away
your views but from the beginning it was not so. And I saw unto you,
whosoever shall put away his wife except it be for fornication and shall
many another committed adultery: whose marrieth her which is put away
doth commit adultery (Matt 19:3-9 NIV)
Two reasons for divorce mentioned here are hardness of heart and adultery. Paul
Cater (2018) explains that adultery in this passage is a representation of the Greek word
‘Pornea’ is represented in ESV as ‘sexual immorality’ and in NIV as ‘marital
unfaithfulness’ The word Pornea encapsulate all the obnoxious obscenities listed in
Leviticus 18:20-24;20:10-21 below
Moreover thou shalt not lie carnally with thy neighbor’s wife to defile thyself
with her… thou shall not with mankind as with womankind: it is abomination.
Neither shalt thou lie with any beast to defile thyself therewith: neither shall
any woman stand before a beast to lie down thereto: it is confusion. Defile not
ye yourself in any of these thing: for in all these the nation are defiled which I
cast out before you (Leviticus 18:20-24 KJV)
Going by the meaning of pornea, incest, adultery, bestiality, homosexuality as
enumerated in these verses are enough reasons for divorce, each of them even attract
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isolation and death penalty (Paul, C. 2018) .Another reason that can necessitate divorce
is found in 1Cor. 7:12-16.
But the rest speak I, not the Lord; If any brother hath a wife that believeth
not and she be pleased to dwell with him, let him not put her away.
And the woman which hath an husband that believeth not, and if he be
pleased to dwell with her, let her not leave him for the unbelieving
husband is sanctified by the wife, and then unbelieving wife is sanctified
by the husband; else were your children unclean; but now are they holy.
But if the unbelieving depart, let him depart. A brother or sister is not under
bondage in such cases; but Goal hath called as to peace. For what knowest thou,
O wife, whether thou shall save thy husband? Or how knowest thou, O man,
whether thou shall save thy wife? (1.Corithian, 7:12-16 KJV)
This passage emphasizes difference in religion as a genuine reason for divorce.
Hence, from the above verse, Paul Carter (2018) identifies the following five
instances as genuine reasons for a Christian to initiate divorce:
1. When her husband has committed adultery with his neighbor’s wife
2. When a spouse practices homosexuality
3. When a spouse practices bestiality
4. When a spouse commit incest
5. When there is a difference in religion and the spouse does not want to
continue, abusive marriage and physical assault, He opines that the wife
should report to those in authority-police and their church leaders or pastors
because he has become a wrongdoer, an oppressor and a sinner for beating
his wife and it is the God’s established authority that can avenge her case
(Romans 13:1-4)
The church should discipline him and if he the church excommunicates him by not
attesting to his faith. Also being an abusive man disqualifies him from serving in
the church. The Bible says:
‘ Now the overseer must be above reproach, the husband of one wife, temperate,
self-controlled, respectable, hospitable, able to teach, not given to drunkenness,
not violent but gentle, not quarrelsome, not a lover of money. He must manage his
own family well…’ (1 Timothy 3:2-4 NIV).
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Since such a husband has disobeyed God and those in authority the church therefore
consider the woman as being married to an unbeliever who hates his wife on account of
her faith so, the rule of 1 Corinthians 7:15 applies ‘But if the unbelieving depart, let him
depart. A brother or sister is not under bondage in such cases…’ (KJV) (Paul C. 2018)
Furthermore, a Biblically permitted divorce paves way for the victim of such divorce
to remarry. And that is the implication of a certificate of divorce which in Greco Roman
will contain the clause ‘you are free to marry any man you wish’ (Paul. C.2018). Jesus
(P.B.U.H) says. It has been said, ‘Any who divorce his wife must give her a certificate of
divorce’ (Matt. 5:31 NIV)
Also among the implications of 1 Corinthians 7:15 cited above is the legality of
remarriage ‘A brother or sister is not under bondage in such cases….’ But to a Christian
‘…She is free to marry anyone she wishes, but must belong to the Lord’ (1 Corinthian
7:39 NIV) (Paul, C. 2018)
4.9.2. Biblical Measures to Avoid Divorce
Certainly, the most heinous marital crime is adultery which is punishable by the law
and also makes ground for divorce if discovered and if not discovered, God, The
Almighty promises to deal with the perpetrator of sexual immorality in all categories
from adultery to homosexuality, bestiality, incest etc. because marriage is an institution
honored by God. ‘Marriage should be honored by all, and marriage bed kept pure for
God will judge the adulterer and all sexually immoral’ (Hebrews 13:4 NIV)
So, the Bible gives the following measures to regulate, avoid and debar people from
divorce,
MUTUAL LOVE AND RESPECT: the Bible encourages Love between the husband and wife
mutual respect for the sustainability of the marriage for this reason, a man will leave his
father and mother and be united to his wife, and the two will become one
flesh….However, each of you must love his wife as he loves himself, and the wife must
respect her husband (Ephesians 5:31-33 NIV)
To avoid disunity and divorce a man must love his wife dearly and she should
reciprocate with same love and maximum respect. An arrogant and non-submissive wife
will dissolve marriage with her own hand (1 Peter 3:1 NIV)
Good Conducts: The Bible advices woman to imbibe the trait of other past pure woman
who won over their husbands with unfading, inner beauty and absolute submission to
their husbands, thus, they saved their marriage from divorce
Your beauty should not come from outward adornment such as braided
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hair and wearing of gold jewelry and fine clothes. Instead it should be
that of your inner-self, the unfading beauty of a gentle and quiet spirit,
which is of great worth in God’s sight. For this is the way the holy women
of the past who put their hope in God used to make themselves beautiful.
They were submissive to their own husbands. (1Peter 3:2-5 NIV)
Husbands’ too are to be considerate, sympathetic, humble and compassionate to
their wives and avoid insulting manners to protect their marriages. (1 Peter 3:P7-10)
This will accelerate the acceptance of prayer.
YOU CANNOT MARRY HER AGAIN: Another means the Bible uses to prevent divorce is
the threat that one cannot remarry a wife one has divorced and has remarried
another man who also divorced her or dies.
If a man marries a woman who becomes displeasing to him because he
finds somethings indecent about her, and he writes her a certificate of
divorce, gives it to her and sends her from his house, and if after she
leaves his house she becomes the wife of another man, and her second
husband ohskikes her and write her a certificate of divorce, gives it to her
and sends her from his house or if he dies, then, her first husband who
divorced her, is not allowed to marry her again after she has been defiled.
Then would be detestable in the eyes of the Lord (Deuteronomy 24:1-4;
Jeremiah 3:1 NIV)
Patience, tolerance and forgiveness are deduced from the passage as some of the
traits that keep marriage going.
DIVORCE IS ADULTERY: Adultery is a grievous crime socially and spiritually and the
Bible in order to deter people from it, prescribes death penalty for it, likened it to
adultery in more than 70 percent of the places where the Bible discusses divorce.
Below are few examples.
He answered, “Anyone who divorces his wife and marries another woman
commits adultery against her. And if she divorces her husband and marries
another man, she commits adultery” (Mark 10:11-12 NIV)
For example by Law, a married woman is bound to her husband as long as he
lives, but if her husband dies, she is released from the Law of marriage so
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them, is she marries another man while her husband is still alive, she is
called an adulteress But if her husband dies, she is released from that
law and is not an adulteress, even though she marries another man
(Romans 7:2:3 NIV)
I tell you that anyone who divorce his wife, except, for marital unfaithfulness,
and marries another woman commits adultery (Math. 19:9 NIV)
Basically, the Bible detests and prohibits divorce but only allows it on the ground of
genuine cases of adultery, serious physical assault, sexual immorality, difference in
faith, after death of a spouse as discussed above, legitimate divorce paves way for
legitimate remarriage. To make a remarriage possible issuance of certificate of divorce
is emphasized above all, what God joins together let no man put asunder (Matt.19:6)
CHAPTER FIVE
5.0. Inheritance.
Inheritance is the legal transfer of ownership of the property of a deceased person

to his or her relatives after his or her death has been established
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5.1. Inheritance in Christianity
The inheritance rights of widows and women generally are not conspicuously
described in the Bible. The only direct reference to it is the book of Numbers 27:8-11
which also formed the basis of the Jewish inheritance law in the Baba Bathra, Talmud
and Mishnah.
5.2. Inheritance in Judaism
Under the Jewish law of marriage, the wife is entitled to receive ketubah (marriage
contract) amount from the husband’s estate. (Radford, F.M.2000). She does not really
inherit her husband’s property, she only receives support if does not remarry. Daughters
too were not given any share of the inheritance except in the absence of any eligible
male heir and when she eventually inherit via this channel, she must marry within her
father’s tribe.(Numbers 36:7-8). Aside the unfair treatment of women in the Jewish
system of inheritance, the double portion share of the first son is an iniquity.
(Deut.12:21)
Below is the details of inheritance in Judaism as given by Joseph Jacobs and Julius, H.G:
As a result of the question raised by the daughters of Zelophehad, the following

general rules of inheritance were laid down by Moses: “if a man die, and have no
son, then ye shall cause his inheritance to pass unto his daughter. And if he has
no daughter then ye shall give his inheritance unto his brethren. And if he have
no brethren , then ye shall give his inheritance unto his father’s brethren And if
his father have no brethren , then ye shall give his inheritance unto his kinsman
that is next to him of his family, and he shall posses it”(num.xxvii.8-11).Brief
though this law is ,it allow sufficient latitude for legitimate interpretation by the
phrase ,”unto his kinsman that is next to him. ”And according to this provision,
there are four degree of hereditary succession – that of the son ,the daughter,
the brother ,and the father’s brother .In the case of the daughter , it is stated
that when she becomes the heir of her father’s estate, she shall marry in her
own clan (num.xxxvi.6,7). This restriction was later repealed by the Rabbis
(Ta’an.30b; B.B.120a). On right of the first-born to a double share in the
inheritance (Deut.xxi.17)
Each of the sons of the deceased receives an equal share of the estate of his
father or of his mother, except the first-born of the father, who receives a
double share (see primogeniture). A son born after the death of his father
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(yeb.67a), or one born of illegitimate connections (:mamzre”,ib22b),is also a

legal heir to his father’s estate ,but the son born of a slave or of a non-Jewess is
excluded (ib.;Nahalot,i7,comp.iv.6;HoshenMishpat,276,6;comp.279,6, and
“Be’erha-Glah,’ad loc .).An apostate Jew does not lose his right if inheritance,
although the court, if it sees fit, may deprive him of his share (kid .18a; Nahalot,
vi, 12; Hoshen Mishpat, 2283,2). Where the law of a non-Jewish state deprive a
proselyte if the right of inheritance, the Jewish court may do likewise with an
apostate (comresponsa “Geone Mizrah u-Ma’arab” (ed. Muller, Berlin, 1888), 11
and Weiss, Dor”, iv. 117,129, and notes).In case of the death of a son during his
father’s life, his children inherit his portion of the estate. If one of the sons dies
before his mother, and leaves no children, his brothers of the same father but
not of the same mother do not inherit the estate of his mother by reason of his
right to it. But if he lives even for one hour after his mother’s death, he becomes
her heir, and on his death his brothers, as his heirs, inherit his portion of his
mother’s estate. (B.B. 114b; Nahalot, i. 13, Hosen Mishpat, 276,5)
[The]Husband and Wife
The husband inherit from his wife , but the wife does not inherit from her
husband .Provision is ,however, made for her support as long as she remains
unmarried (see husband and wife; ketubah).The husband’s right of inheritance
extends only to property that actually belonged to his wife at the time of her
death (see dowry),but not to property that would have fallen to her had she
lived ,as for instance, an expected inheritance from a relative who however,
survive her or a debt which was not secured by a pledge or by a mortgage
(B.B.125b; Nahalot, i. 11, and “Maggid Mishneh,” ad loc.; Shulhan ‘Aruk, Eben
ha-‘Ezer,90,1). As in the case of her sons who died before her death ,the
husband who dies before his wife is not regarded as her heir to the extent of
transmitting her estate to his relatives(B.B.114b;see Rash Bam and Tos.ad loc.;
Nahalot, I .12).A man does not inherit from his betrothed (“arush”;Yeb.29b).
Later authorities made a provision against his inheriting his wife’s property in
case she died childless soon after marriage (see dowry). The husband does not
inherit from his wife if his marriage with her was illegal and carried the
punishment of excision (“karet”), but if the punishment involved was only
stripes, as in the case of a priest marrying a divorced woman, he does not lose
his right of inheritance to her estate (Tosef., Yeb. ii . 3).The husband is also the
heir of his apostate wife (Eben ha-‘Ezer, 90 3, gloss; Hoshen Mishpat, 283,gloss).
(Joseph, Jacobs and Julius, H.G, 2011 )
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However, Job is recorded to have given his daughters inheritance equal to their
brothers (Job.42:15)
5.3. Inheritance in Islam
Unlike Jewish law, Islam makes provision for both spouses with certain portion of
each other’s estate, then, shares the reminder among the deceased spouse’s relatives.
In spite that Islam is often attacked for giving female half of a male share, there are
situations in which a female heir takes equal or more than a male heir .like the case of a
wife who left a daughter, her husband and her brother.(Radford, F.M.2000)
A regard double share for male child, Mary F.R.(2000) explains : ’One theory provides
that this is not gender discrimination parse , but rather a tangible recognition of the
more substantial male responsibility of supporting his own wife and children.’ She
affirms that : ‘…The Islamic approach of guaranteeing intestates share to certain named
female heirs results often in these women having greater rights than they would have
under Jewish law’ (Mary F.Radford,2000)
Most of the antagonist of Islam as regard women’s issues generally and the
inheritance in particular do base their points of argument on surface level. They either
ignorantly discuss an aspect where a male share of inheritance doubles that of a female
(implying oppression and injustice) are or deliberately silent and ignore other varying
numerous aspects where female’s shares of inheritance are more than male and where
the shares are equal. ‘God is no oppression of His servants ‘(Q.22:10).However, Islamic
law of inheritance does not really base on gender but on other factors (Da’wah institute
of Nigeria)
The following are the three main factors of inheritance in Islam:
 The Level of Kinship to the Deceased: The closer a person’s relationship to the
deceased, the more such individual will inherit irrespective of gender. For
instance, a daughter of a deceased woman gets half of the inheritance whereas;
the deceased husband takes one fourth. Simply because the daughter is a blood
relation while the husband is related through marriage.
 Generation of the heir: Grandchildren always get more share than the grand
parents because grand children have more financial responsibility while
grandparent are often under the care of others .It is a genderless system .The
daughter of the deceased inherits more than the deceased parents.
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 Financial Responsibility: This is the only aspect where gender affects the share of
heirs. Nevertheless, this difference is not either an injustice to male heirs nor
female but rather recognizes the huge financial responsibilities on male heirs.
This (such as payment of dowry ,school fees, medical fees accommodation,
feeding , clothing ,financial support of in laws and extended family etc. Q.4:34).
This third factor affect the share of the children of the deceased who are equal in
the above two categories. This is where the rule in suratun-Nisai, Q.4:11 comes
to play and it is restricted here,, not generally applied as propagated by most
feminist and orientalists.(www.dar-alifta.)
Furthermore,
…when the issue of financial burden does not exist , as in the case of
inheritance for uterine brothers and sisters, we find that the law give-Giver
makes the share of inheritance of the male equal to that of the female. God
(swt) says, ‘And if a man or woman leaves neither ascendants nor
descendants but has a brother or sisters, then for each one of them is a sixth.
But if they are more than two, they share a third (…).’(An-Nisa’,4;12)
(www.dar-alifta.org)
Dar-alifta identifies four concise and revealing facts about Islamic law of inheritance;
There are just four cases where male share double that of the female, numerous cases
where both male and female have equal share ,over ten cases where a female receives
more than a male heir and there are cases where a female inherits while a man does
not (www.dar-al-ifta.org)
These principles of inheritance are based on the Qur’an 4:7-14. Also, it should be
noted that before the advent of Islam women were totally denied of inheriting both
their father and husband. They were actually part of items to be inherited.
5.4.1. Duties of Husband and Wives in Islam

According to M.A. Balogun, F.I. Muhammed and W.O.A. Nasiru (1993), in Islam, men
and women are equal in virtually all aspect of life; reward, punishment, business and
owing property. As regard married couples, both husband and wife have rights and
duties to and from each other and the husband who is given higher authority has more
responsibilities to shoulder as in the Qur’an 4:34 ‘Men are the maintainers of women
because Allah has made some of them to excel others, and because they spend out of
their property’ (Balogun, M.A. et al 1993).
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However, highlighted below are some of the rights of wife which make up the duties
of the husband according to Islamic faith;
5.4.2. Duties of the Husband

 Provision of reasonable shelter according to his means. (Q. 65:6).
 Provision of clothing and food (Q. 2:233).
 Provision of financial support (Q. 2:233, Q.65:2)
 Provision of religious and moral guidance (Q.66:6)
 Keep her Secrets
 Honor and protect her
 Honor her parents and family
 Keep her company and listen to her
 Appreciate her good deeds and manners.
 His wife his among his heirs
 Satisfying her sexual need.
 Be clean and smart for her (Muslim Women’s Online, Balogun, M.A. et al 1993,
Ibrahim, A. 2020)
 Equal treatment of co-wives
 Giving of Mahr ( the nuptial gift )
5.4.3. Duties of Wife

According to Dar-alifta (2020), obedience to husband is the chief duties of a wife
toward her husband and this alongside her obligations to Allah will facilitate her
entrance into paradise through her preferred door. Below are other duties of the wife
which are the rights of the husband.
 It is the wife’s responsibility to take care of her husband.

 She is the trusted of her husband
 Submission to her husband sexual desire except when religiously prohibited such as
during menstruation or post-natal bleeding.
 Preservation of her husband’s property.
 Preservation of her chastity and modesty
 She must get her husband permission before leaving her matrimonial home.
 She should not allow visitor whom her husband despises into her home
 She should keep her husband’s affairs secret.
 The husband has the right to marry additional three other women according to
Islamic law if he can treat them with equity.
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 The husband can inherit his wife if she dies first based on Islamic law.
 The wife is an educator of their children.
5.4.4. Common Responsibilities

 Children upbringing is the duty of both the husband and wife.
 Cleanliness and beautification. Each couple should maintain personal hygiene and
beautify oneself for one’s partner. (Balogun M.A. et al 1993, Mushin, Women’s et al,
and Ibrahim, A. 2020). These duties and rights are randomly deduced from the
Glorious Quran and Sunnah of Prophet Muhammad (PBUH) such as Q.30:21.
5.5.1. Duties of Husband in Judaism

According to Jewish Law (Yad, Ishut 12:1-4; Sh. Ar. EH 69:1-3) as cited in
www.jewishvirtual-library.org a husband has the below ten duties toward his wife while
she has four.
 Provision of sustenance
 Provision of Clothes and Shelter
 To Cohabitate with her
 Provision of the Ketubah
 To care for her during illness and provide her with medical attention
 To facilitate her ransom of captured
 To give her a suitable burial if she dies first
 To provide for her support, ensure her right to live in his house after his death in as
much she remains a widow.
 Provision of support for the daughters of the marriage from his estate after his
death, until they become betrothed
 To make provision for the sons of the marriage to inherit their mothers Ketubah in
addition to their rightful portion of their father’s estate shared with their half-
brothers.
5.5.2. Duties of the Wife

If the husband performs the aforementioned duties, it will enable him to;
 Have access to her chance gains
 Benefit from his wife’s handwork
 The usufruct of her property; and
 Inherit her estate (www.jewishvirtuallibrary.org 2020)
5.6.0. Duties of Husband and Wife in Christianity

87
Www.familylike.com (2020) pointed out the following roles of husband and wife in a
marriage according to scriptural understanding;
5.6.1. Duties of Wife

 A wife is a helper of her husband because God created Eve as helpmate of Adam
(Gen. 2:18).
 It is the duty of a wife to give maximum respect to her husband.
 She should show maximum respect to her husband (Eph. 5:33).
 She should submit to her husband’s leadership in everything (Eph. 5:22-41)
 She Should be self-controlled and love her husband dearly (Titus 2:4-5) (Barbara
Dennis Raincy 2002 www.familylife.com)
5.6.2. Duties of Husband

 Dennis R., (2002) identifies based on biblical deduction, the role of husband as
follows:
 He is a leader of the family (1 Corinthians 11:3; Eph. 5:22-30).
 To treat this wife kindly.
 He is responsible for the welfare of the family.
 It is the duty of the husband to love his wife unconditionally and practically (1 John
3:18).
 A husband should sacrifice his time for his wife.
 It is the duty of the husband to provide the material needs of his wife. (1 Tim. 5:8).
As it can be seen from the above, the duties and rights of husband and wife in the
three Abrahamic religious; Judaism, Christianity and Islamic are overlapping and are
therefore similar except that the wife has the right to inherit her husband in Islam which
is not obtainable in Judeo-Christianity.
5.7. Economic Rights of Women in Islam
In Islam women are highly revered that they are never left alone to cater for
themselves except on special situations. They are either catered for little or much by
their fathers or husband or other male relatives depending on the circumstance (Q.65:7;
4:34).
Nevertheless, Islam empowers women with several economic rights like; right to
private ownership of property( after marriage), inherit their husbands, fathers and
relatives, engage in any lawful economic activity to increase their wealth and keep the
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profit to themselves, and receive mandatory nuptial gift-mahr from their husbands as
condition for marriage validation,. The Qur’an 62: 9-11; 4:2,4,7-11 among others form
the basis for these rights.( Doi, I.A. nd, Islahi, A.A. 2020). And the Q.33:35 is not gender
bias as regard economic pursuits and financial independence because Zakat is not
obligatory upon a Muslim who is financially dependent ‘… the man and woman who give
Sadaqat (i.e. Zakat, and alms, etc.)…’ (Q.33:35 Muhsin Khan)
Narrated Amr bin Al-Harith: Zainab, the wife of Abdullah said,… Zainab
used to provide for ‘Abdullah and those orphans who were under her
protection. So, she said… I went to the Prophet and I saw there an Ansar
woman who was standing at the door (of the Prophet with a similar
problem as mine. Bilal passed by us and we asked him, ask the Prophet
whether it is permissible for me to spend (the Zakah) on my husband and
the orphans under my protection’. So Bilal went inside and ask the Prophet
regarding our problem… The Prophet said “Yes” (It is sufficient for her) and
she will receive a double rewards (for that): One for helping relations, and
the other for giving Zakat (Bukhari 24:1466 more example in Bukhar 11:938,
Muslim 18:1483 and 44:2452).
Samia Ahmed 2013 identify; Khadeejah bint Khuwaylid, the first wife of Prophet
Muhammad (PBUH), Shaffa’ bint Abdullah whom Umar bin Khattab appointed as market
supervisor and Arwa bint Ahmad, the governor of Yemen during the Fatimid era
between the late fifth and early sixth centuries exemplary as regard women
involvement in economic activities. (Samia A. 2013)
5.8. Economic Rights of Woman in Judeo-Christianity
Two books of the Pentateuch, Numbers 26-27; 36:1-12 and Leviticus 25 talks about
land as factor of production and its ownership does not exclude woman.
(www.theologyofwork.org). The economic right Jewish women is also secured through
the ketubah.
The Jewish women are economically empowered through their dowry (ies) which is
secured by the Ketubah and serves as jointure in case of divorce or after the death of
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the husband (Lewis N. Dembitz, 2011). Aside being the homemakers, the Jewish women
were at time the breadwinners of their families as induced or dictated by societal
worldview and were at a time, excluded from participation in economic activities. Rickle
Burman 1982 gives account of the two scenarios as follows;
Earning a livelihood was a family responsibility and (Jewish) woman,

unlike other women in societies in early stages of industrialization…
were often the primary breadwinners while their husbands studied
religious in accord with religious expectation (Nathan Hurvitz in
Burman R.1982 p.1).
Cherie Brown in Burman R.1982 asserts that in Eastern Europe, Jewish woman were
mostly the sole providers where their men had taken to prayer and study as their main
Jobs. In contrary, it was the norm in England for Jewish woman to quit work,
immediately after marriage. Although, the Christian women did work.(Burman. R.1982).
In conclusion, it is crystal clear from the foregoing that religion did not suppress
women as seen in propagandas in the Western world. But rather, protects and honours
them. Also, as regard women issues, there are areas in which the three Abrahamic
religions have similar approach to women and there are areas where they differ.
However, the differences do not and should not cause enmity among the believers.
Jews, Christians and Muslims should respect one another’s ideologies and rituals, even if
they do not agree with one another in certain concepts.
5.9. Political, Social and Military Rights of Women in Judeo-Christianity

Seema, A. 2008 affirmed that Orthodox Jewish women live their lives indoor raising
children while social and public activities are male responsibilities in whose honor of
birth a big party is usually held. And when a boy is 13, a Bar Mitzvah ceremony which
symbolizes his coming of age is held. It is also an elaborate party, the like of which is not
held in honor of a girl child. (Seema, A. 2008).
The Mishnah reflects the denial of women from socio – religions activities; women
are denied to pray communally three times daily, they are not permitted to say the
Kaddish nor pray for their dead parents, they are denied from reading a part of the
Torah in Liturgy. All these exclusions of women from public performance in the
synagogue resulted into handing over the academics and synagogue to men. The Jewish
law holds that women are other and should be kept apart from men. ‘Blessed be God,
the King of the universe, for not making me a woman’ is a Jewish male prayer which
makes woman divinely inferior and relegates their status religiously, socially and
politically. (Jacoba, K. (2016)
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However, scholars are advocating for a change of the Talmudic anti-woman laws.
Jacoba Kuikman writes:
In the classical Tradition, a law can be modified depending on the
censuses of the Jewish community. Therefore, the many Laws and
customs in the Talmud deny women independent legal status and
equal participation in ritual, prayer, and study as well as those that
discriminate against woman in marriage and divorce should in theory,
be open to change. (Jacoba k.2016)
He concludes based on Talmud that women are not just different from men but as
well inferior to them and their assigned role is at home, whoever defies this among
them will end up in tragedy like Bruriah (and Dinah Gen.34:1) while those who abide
and are supportive to their husband will succeed like Rachel, the wife of Akiba (Jacoba,
k. 2016).
He further agrees that generally, according to Jewish tradition, motherhood is the
essence of womanhood. Thus, men and woman are different but have complementary
roles. While woman will perfectly function at home, men will do well in the social and
political domain. Yet, there are certain women like Deborah, the wife of Lapidoth whom
circumstance made to function in the public arena, Prophetess and judge as evident in
Judge Chapter 4. He writes: ‘in the Middle Ages, the greatest women were considered
those who exercised influence in the public domain did so “in response to the need of
the nation” and largely against their own will (Kaufman: 73)’ (Jacoba, K. 2016)
In the contrary, Susan Grossman vehemently affirms that despite all proscriptive
statements against woman involvement in polities and leadership mantles, there are
evidences which show that woman did occupy leadership roles, spiritually, socially and
politically in Jewish history: she opines that the actions of both Sarah and Rebecca to
influence the birthrights of Isaac and Jacob respectively as recorded in Genesis 21:9-12
and 27:5-13 are political. As well as the involvement of Miriam in the liberation of the
Israelites from Pharaoh by making arrangements for the survival of her brother (Exod.
2:4-9) . She also led other women (Exod. 15:20-21). (Grossman, S.2013)
Susan Grossman emphasized that Deborah was the only Hebrew woman recorded in
Hebrew scripture to have fulfilled the trio aspects of religious, military and political
Leadership because she led general Barak on military campaign to Kedesh against the
army or Sisera. (Exodus. 4:4-10). Athaliah was also an Israelite female monarch, she
reigned for six years (2Kings 11:3-20) (Grossman, S.2013).
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In conclusion, it is crystal clear from the above that home management is the
essential, primary and honoured role of Jewish women thus; they are prohibited from
the public or political affairs or administration as argued by Jacoba 2016.
Notwithstanding, there were exceptional women like Leah, Rebecca, Deborah, Huldah,
Rachel, Athaliah etc. who interfered into social and political affairs and assumed
leadership roles as affirmed by Grossman Sussan 2013.
However, the contemporary realities show the political rights of Jewish women and
the same can be said of Christian women. Grossman Sussan writes:
By the beginning of the 21st century, despite traditional prohibitions from
women filling roles of public authority, even the most traditional elementary
Jewish community had accepted the authority of woman leader in business,
politics and communal organizations (Grossman, S.2013)
That is, in principle they are denied political participation but in practice, they are
politically active.
5.10. Political, Social and Military Rights of Women in Islam

According to Onichakwe, C.C., Maintenance of law and order is one of the roles and
aims of good governance. However, most of the Quranic verses on social orderliness are
directed to both male and female. Example of such verses is Q.9:71:
The Believers, men and women, are protectors one of another; they
enjoin what is just, and forbid what is evil they observe regular prayers,
practice regular charity, and obey Allah and His messenger. On them will
Allah pour His Mercy: For Allah is exalted in power, Wise.
Haifaa A. Jawad 1998 writes:
For women, especially during the Prophet’s time, were very active
sociallyand politically. They were allowed and even encouraged to
participate in the process of building up the Madinan city and they
proved to be up to the task. (Jawad, A.H 1998)
He further asserts that Muslim women began their participation in political

activities as soon as they accepted Islam by enduring both physical and verbal assaults,
defending their new faith against all oppositions within and outside their individual
families and seeking asylum with their fellow Muslims when pressure to abandon Islam
heightened. However, in modern terms, all these constitute political activities because
they denote ‘a challenge to old political system, a protest against unjustified abuse and
torture, and rejection of suppression and denial of freedom of belief and expression’
(Jawad, A.H 1998)
Meanwhile, Imran, Y. et al 2014, affirmed that women have been denied political
participation as far back as 350 BC and Islam is actually the first to permit participation
92
of women in politics contrary to the Western view of Islam concerning Islamic politics
which they build on women denial of political right in the Arab gulf and some Muslim
States. They wrote:
The role of women in politics has generally been downplayed throughout

history. In 350 B C, Aristotle, in his treatise “Politics”, excluded women
along with children and slaves from his definition of citizen. This prevented
her from having say in government and ruling… indeed the political status
of women in Islam is in many quarters still perceive to be on a par with the
‘Dark Ages’ of European history. Muslim women are assumed to be strictly
in the background of political milieu, having little to say or even less to offer…
It [The West] attacks the Islamic world for its “oppression of women”…
“Does Islam really oppress women by not giving them a political voice.”?
However… when we interpreted the Qur’an and Hadith in with its true
meaning and teachings it becomes clear that Islam never differentiates
between men and women as regard political rights and puts them on the
same footing… (Imran, Y. et al 2014)
They further add:
Islam advanced as a political system which, for the first time in
the history of man, commanded the involvement of not just, men,
but also women, to the action of commanding the Ma’ruf (good)
and forbidding the munkar(evil). This is the utmost of political actions…
(Imran, Y. et al 2014)
Bai’ah, oath of allegiance is an exercise which validates the leadership of a leader in
Islamic political system. According to history which is authenticated by Quran 60:12,
women were among those who gave bai’ah to Prophet Muhammad. ‘without any
difference in content and responsibility’. (Jawad, A.H 1998)
Imran Yousuf,S. Sivarajan and Bilal Ahmad. S 2014, likened ‘Bai’ah’ to choosing a
leader though, not absolute equivalent to ‘modern election’ and therefore inferred the
legality of the permissibility of women in politics from the Qur’an 60 verse 12 among
others since they gave Ba’ah to the prophet (P.B.U.H).
They also noted that on the day of conquest of Makkah, Prophet Muhammad (S.A.W.)
first took Bai’ah from the women, then men of Makkah and this indicates equal political
rights of both gender. They also align with some other writers on the leadership of
Aishah during the battle of camel as evidence for participation of Muslim woman in
politics. (Imran Yousuf,S. Sivarajan and Bilal Ahmad Shah (2014) Political Rights of
women As per Islam ‘A study of its concept”. Indian Streams Research Journal Vol. 4 (8).
Retrieved from http://ssrn.com/abstract=2499114 on October 2020.
93
Shura, mutual consultation is another feature of Islamic political system. Muslim

Women League (MWL) 1995 argues that Allah describes Shura-mutual consultation as a
good trait of the believers (women inclusive) in the Qur’an 42:38. It (MWL) also noted
that after Abdul-Rahman bin Awf had been appointed to be among the Shura
committee by Umar bin Khattab as regard his successor, AbdulRahman consulted both
men and women for political advice on the concerned issue. Equally, Ummu Salama’s
advice was very significant at Hudaybiyyah after the terms of the treaty have been
signed. While this immensely saved the Muslims from disunity, Umm Hani, the daughter
of Abu Talib played a major political role during the conquest of Makkah and her home
became a refugee camp’ (Muslim W.L. 1995).
Since Shura is a key element in governance, the above indicates that Islam grants
women certain political rights (MWL 1995).
Iran did exemplify the political rights of woman as granted by Islam and Iranian
women have significant impacts on elections in Iran prior to 1999 till date (Sanam, V.
2015)
According to MWL (1995), women actively participated in military expenditures and

battles during the Prophet’s time and the caliphs. Some good example of these female
warriors whom Jawad Haifaa (1998) calls ‘women like men’ include umm Imara who
defended the Prophet at the battle of Badr and Nuseeba bint Ka’ab participated both in
the battle of Uhud and Ridda against Musaylimah al-kadhdhab (MWL, 1995).
Hence, Islam allows women to participate in the social and political life in as much as
it does not affect their primary roles as wives and mothers (Imran Y. et al 2014).
-------------------------------------------------------------
*Mishna is the first post-Biblical compilation, compiled at the beginning of the 3 rd post-
Christian century by Rabbi Judah
CHAPTER SIX
DIFFERENCES, CONCLUSION AND RECOMMENDATIONS
Different Attitudes towards Women in the Trio Religions

94
There are wide range of similarities among the three religions as well as numbers of
differences as regard treatment and status of women. The following are some of the
acute discordances:
In the Judeo-Christianity, where a man can make and fulfill a vow, a woman is
considered the property of either her father or her husband based on the circumstance.
Hence, her pledge is not valid without the approval of her owner (Num.30:2-15). This is
not the case in Islam. Every individual, sane, matured Muslim can make and fulfill a
pledge independently. In fact, inability to fulfill a pledge attracts a prescribed penalty.
(Q.5:89, Q.60:2) (Sherif, A. 2013)
Also, the Pentateuch considers every menstruating woman as a carrier of infectious

impurity “… Whether or anything she was sitting on, when anyone touches it, he will be
unclean till evening” (Lev.15:9-23). So, she was temporarily “banished” to the house of
“uncleanness” throughout the duration of her menstruation. Any priest with
menstruating relatives was prohibited from reciting priestly blessing in the synagogue.
Likewise any husband of a menstruating woman is denied entrance into the synagogue.
Thus, some Jewish women call menstruation “the curse”. (Sherif, A. 1995)
However, the opposite is the case in Islam, she lives her normal life amidst people
touches and plays with her husband but disallowed from coitus. She is also exempted
from salat (prayer), fasting and circumambulation of the Ka’bah. (Q.2:222, Sahih Bukhar
Vol.1, book 6, number 293,294,318,327 and 329.)
Another striking difference between Islam and Judeo-Christianity is their attitudes

towards women regarding adultery. The trio agrees that adultery is a punishable crime
but differs on who the real culprit is. Encyclopaedia Judaica defines adultery as
‘voluntary sexual intercourse between a married woman , or one engaged by the
payment of bride price and a man other than her husband’ It further states that ‘the
extramarital intercourse of a man is not per se a crime in Biblical or later Jewish law.’
This implies that the married woman is the culprit for the violation of her husband’s sole
95
right. (Encyclopaedia Judaica P.424).Meanwhile, Islam considers both the married man
and woman culpable for adultery (Qur’an 24:2).
Finally, the story of creation in the book of Genesis 2:4-3:24, the blame of
disobedience is majorly put on Eve and she is eternally cursed for that, the curse which
still manifest on her daughters. Whereas, the Qur’an 7:19-23; 2:32-38 put blame both
Adam and Eve. They both sought God’s forgiveness and they were forgiven, hence no
issue of ‘generational curse or original sin or gender inferiority’. (Sherif, A. 2013)
Conclusion
This thesis traced the historical background, growth, creeds and books of the three
Abrahamic religions; Judaism, Christianity and Islam.
Judaism Is the whole set of beliefs and practices of the Jewish people as given by
God, recorded in the Pentateuch and other sacred writings of Judaism. It is the oldest of
the three monotheistic religions dating back to 4,000 years, Christianity 2020 years and
Islam 1442 years. Its origin is traced back to Abraham and its holy Book is the Tanakh-
The Old Testament which forms the basis for Mishna, Gemara etc.
The creed of Christianity is built on the birth, life, death, resurrection and second
coming of Jesus Christ. As one of the Abrahamic religions, Christians believe in the
existence of the Almighty God who shares divinity with the son and Holy Spirit, the
doctrine of Trinity. The symbol of Christianity is ‘cross’ and its most important holidays
are Esther and Christmas.
Islam means peace and total submission to the will of God. It is a monotheistic
religion. Its origin is traced to 7th Century (610CE) in Makkah, Saudi Arabia with
Muhammad son of Abdullah as the messenger of God – Allah. Islam is built on ‘five
pillars’. Its dive Book is the Qur’an. While the annual Islamic festivals are ‘Idul-Fitr and
‘Idul-Adha, the Muslims lives are regulated by Shari’ah.
The positions of women in the ancient civilizations like Rome, Greece, Athens etc.
was also examined and we found that women were considered men’s property and
highly inferior to men thus the birth of a female child was detested. They were forcefully
betrothed at early teen to cement friendship and political relationships. Divorce was
96
rampant without any legal procedure. Nevertheless, both male and female children
were given basic education.
It was also concluded that the advocacy should be for gender equity instead of
gender equality. Generally, abortion is strongly prohibited in the three Abrahamic
religions except if the mother’s life is at risk.
The position of women in the Judeo-Christianity and Islam as mothers, wives,

daughters and teachers was discussed with indentified little degrees of differences.
Islam encourages male and female who are fit for marriage to satisfy their sexual
urges via legal matrimony and not outside wedlock. Women are great stake holders in
marriage .They have equal marital right with men only that the husbands have privilege
of leadership which must be exercise with love. Islam sees marriage as a virtue and an
act of worship just as refraining from it is considered unholy and unnatural in Judaism.
Although, the three religions agree that marriage (between men & women) is the only
legal sexual outlet, the Christians Bible belouds celibacy and prefers it to marriage which
it regards as alternative for those who cannot control themselves. (1st Corinthians 7:9).
Equally, the three religions vehemently dislike inter religious marriage.
However, the polygamous nature of the Africans posed a big challenge to the early
Christian missionaries as it is against the monogamous marriage of the church as
adopted from the Western culture. Some factors that can necessitate polygyny were
identified. Hence, it becomes a better alternative to divorce.
Considering the experience of Agunah, divorce is discouraged in Judaism. Islam sees

it as the last resort when other alternatives proved abortive and Christianity only allows
it on account of difference in religion and adultery. The causes, kinds and consequences
on the children, spouses and the society were discussed.
The duties and rights of husband and wife in the three Abrahamic religious; Judaism,
Christianity and Islam are overlapping and are therefore similar except that the wife has
the right to inherit her husband in Islam which is not obtainable in Judeo-Christianity.
97
Recommendations
In lieu of the forgoing, it is therefore recommended that;
 Male and female are not in all ramifications equal and each should be given his
or her due rights.
 The position of religion especially regarding women should be taken from the
respective religion’s Holy Scripture and not from its adherents as they may not
act in accordance with their religion’s dictates.
 The commonalities among Judaism, Christianity and Islam be used to promote
peace and the few differences should not cause acrimony
 Adherents of each of the trio religions should respect views, cultures and
doctrines of one another and not jettison it in order to promote global peace.
 Compatibility and sincerity of intending couples should be ensured before
solemnization so as to reduce the rate of divorce
 That female education should be prioritized because they are the first teachers
to their children.
 The society should not ridicule decently dressed females and put a check on
obscenity.
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The Rights of Women in the Three Abrahamic Religions

Name: Amao, Ahmad

Student Id: ST101118716

Course Code: THS 502

Dr. MdYousuf Ali

Thesis submitted in partial fulfillment of the requirements for the degree

Department of Islamic Studies, Islamic Online University

Key words: women, rights, marriage, Abrahamic religions.

1.1 Background of the Study

1.2 Statement of the Problem

1.3 Objectives of the Study.

1.4. Research Questions

1.5. Methodology of the Study

1.6. Scope and Significance of the Study

2.1.1 Historical Background of Judaism

2.1.2. Jewish Beliefs

2.1.3. Founder of Judaism

2.1.4. Jewish Holy Books

2.2.1. Historical Background of Christianity

2.2.2. Impacts of Paul on Christianity

2.2.3. The Persecution

2.2.4. Branches of Christianity

2.3.1. Historical Background of Islam

2.3.2. Migration to Yathrib

2.4.0. Women in Ancient Civilizations

2.4.1. Women in Ancient Greece

2.4.2.0. Women in Ancient Rome

2.4.2.1. Divorce in Ancient Rome

2.4.2.2. Legal and Economic Life of Ancient Roman Women

2.4.2.3. Female Child Education in Ancient Rome

2.5. Gender Equality

2.6. Abortion of female fetuses

2.7. Social Rights

3.1. Position of Woman in Judeo-Christianity

3.1.1. The position of Respect

3.1.2. Women as Teacher

3.1.3. Women as Mothers

3.1.4. Women as Wives in Judeo-Christianity

3.1.5. Women as Wives in Rabbinic Literature

3.1.6. Women as Daughters in Judeo-Christianity

3.1.7. Custody and Support

3.2. Position of Women in Islam

3.2.1. Women as Mothers

3.2.2. Women as Wives

3.2.3. Women as Daughters

CHAPTER FOUR: Marriage

4.1.1. Marriage in Islam

4.1.2. Conditions for Marriage in Islam and Prohibited Partners in Marriage

4.2.1. Marriage in Christianity.

4.2.2. Conditions for Marriage and Impediments in Christianity

4.3.1. Marriage in Judaism

4.3.2. Impediments to marriage in Judaism

4.4.1. Polygamy in Africa: A Socio-Cultural Phenomenon

4.4.2. Polygyny in Judaism

4.4.3.0. Polygyny in Christianity

4.4.3.1. Influence of Monogamous environment on the Early Church

4.4.3.2. Between the Church and Polygyny

4.4.3.3. China Resolution of Synod of Chao-Hwei-chow

4.4.4. Objections against Polygamy and Its Refutations

4.5.1 Polygyny in Islam

4.5.2. Circumstances which might Necessitate Polygamy

4.5.3. Conditions for Polygamy