KYRGYZSTAN TODAY Policy briefs on - Department of Geography

you from a single person created of like nature his mate and from them twain scattered
countless men and women.’’ It obviously does not make any distinction between the
status of man and woman, because both sexes were created from a single soul, and there
is no question of preference of one another, just as there is no difference in addressing
both sexes with orders, bans and regulations.
At the same time, the Koran (in the Sura “Women” of the Medina period) makes the
distinction between man and woman in the varieties of capabilities and capacities: “Men
are the maintainers of women because Allah has made some of them (i.e. husbands)
to excel others (i.e. wives) and because they spend of their wealth (for the support of
women).” It also refers to the principle of “kauama”, according to which men excel in
the status and right of maintaining women. But this in no way should be interpreted as
a direct restriction of the rights of woman, or disparagement of her role in the family
and society, as woman also excels man, but in another aspect. For example, God granted
motherhood to woman who has more access to the child than man, and thus she has an
opportunity to bring up her child the way she wants. In the case of divorce, the child
stays with his mother until adulthood [9].
Sunna in Islam performs the function of explaining the Koran’s conclusions, and
also has explanations about the types of capabilities and capacities. For example, there
are the following words: “Each of you is a shepherd and is responsible for your flock
...” Sunna also explained that women have no fewer and no more duties than men. It
is said that a group of Muslim women sent Asma’ bint Zaid to the Prophet with the
request to solve their problems. The woman addressed the Prophet with these words: “I
have brought a message from the Muslim women. All of them and I believe that Allah
has sent you for the guidance of men and women both. Although we have followed
your guidance and have embraced Islam, our physical condition is different from the
men folk. We stay behind curtains and cannot take part in the Friday prayers and other
congregational prayers. The men folk can visit the sick and join funeral prayers. They
perform Hajj pilgrimage and fight in the cause of Islam. We sit at home to nourish
and look after their children, we guard their property. Oh, Allah’s Messenger! Are we
entitled to good reward for all that we do as household women?” The Prophet turned
to his associates and asked: “Have you ever heard a woman asking about her religion
better than this woman?” They answered: “We swear by Allah! We have not.” Then the
Prophet said to Asma: “Go and tell those women that if woman sincerely performs her
duty as a wife and follows the good pleasure of her husband, she will be entitled to as
much reward as the men are entitled to.” [9].
Given the impossibility of covering all the issues concerning the topic of “Woman
in Islam”, it seems appropriate to highlight a few aspects of the social and legal status
of woman in Islamic law [9]:
1. The family status of man and woman have their own specifics. For example, a
marriage contract is not legally recognized without mutual consent. However,
the mutual consent is not necessary for divorce: a husband has the right of “talaq”
(Arabic “divorce, the release from marriage contract”), while the wife retains the
right to divorce through the court.
2. A marriage is invalid without a premarital gift, which could serve as insurance
for a woman during the first period of time in the event of her husband’s death
or divorce (Further on, this gift is the property of the wife; in quantitative
and qualitative terms it is determined in accordance with local customs and
traditions.).
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