Introduction
You often look at the Middle East and see monolithic traditions that suppress women. Mainstream histories ignore female experiences, leaving you with oversimplified accounts of religious oppression. You struggle to separate genuine religious teachings from centuries of patriarchal local customs.
Leila Ahmed argues in Women and gender in Islam that Islamic history contains a fundamental tension between an egalitarian spiritual voice and an androcentric legal framework shaped by patriarchal regional practices.
You discover this through a four-part examination of Middle Eastern history. The book first explores pre-Islamic Arabian and Mediterranean civilizations. It then analyzes the foundational era of Islam and the codification of classical jurisprudence. Finally, it traces how colonial powers weaponized the discourse on women.
You find answers to several core questions as you read:
- How did pre-Islamic societies shape later legal codes?
- Which social forces created the classical harem system?
- What role did colonial powers play in politicizing the veil?
- How do modern Muslim women reclaim their religious voice?
1. Historical Origins and Pre-Islamic Background
Pre-Islamic Middle Eastern civilizations and early Arabian customs established foundational patriarchal and legal structures that restricted women long before the rise of Islam.
Mesopotamia and Historical Origins
Before the rise of urban societies, cultures throughout the Middle East venerated the mother-goddess and accorded women high status. The emergence of city-states and military competitiveness institutionalized male dominance, class-based societies, and the patriarchal family designed to control female sexuality and guarantee the paternity of property heirs.
At the Neolithic settlement of Çatal Hüyük in Asia Minor dating from circa 6000 B.C.E., larger burial platforms contained women, and shrines prominently featured female figures.
As successive city-states dominated Mesopotamia, legal codes progressively restricted women's rights and codified male absolute authority within the household. The Code Hammurabi (circa 1752 B.C.E.) limited debt-pawning of a wife or children to three years, whereas later Assyrian law (circa 1200 B.C.E.) explicitly permitted beating debt-pawns and pulling them by the hair.
Despite legal subordination, upper-class Mesopotamian women acting as priestesses or deputies enjoyed significant economic rights, including property ownership and contract execution. Upper-class women dedicated to the gods as naditum lived in conventlike institutions, managed property, engaged in business, gave loans, and inherited like sons. This system served ruling class interests by cementing ties with the temple priesthood and keeping property within the patriarchal family.
Amusakkal entered into a marriage contract circa 1737 B.C.E. that gave her equal rights to and equal penalties for divorce.
Ancient Egyptian civilization maintained a remarkably nonmisogynist culture where women enjoyed legal equality, property ownership autonomy, and freedom of movement. Throughout millennia in ancient Egypt, women could own, manage, and dispose of property, enter contracts directly without male guardians, and initiate divorce. Marriage was a private contract focused on a shared life rather than the production of patriarchal heirs.
A New Kingdom worker's marriage contract stipulated that the husband would face one hundred lashes and loss of property if he beat his wife.
Under Sasanian rule and Zoroastrian state religion, patriarchal family laws demanded absolute wifely obedience, permitted massive royal harems, and even endorsed wife loaning. Zoroastrian regulations required wives to bow to their husbands multiple times daily and obey them entirely. Priority on male heirs led to specialized marriage forms and the practice of wife loaning as a fraternal act of solidarity, treating the wife conceptually like a productive agricultural field.
King Khusrau I (531–579 C.E.) maintained a royal harem consisting of some twelve thousand women.
Pre-Islamic Arabia and Marriage Customs
Pre-Islamic Arabia featured a diverse range of marriage and social customs, including matrilineal, uxorilocal, and polyandrous practices, which allowed women greater sexual autonomy and public participation than they retained under Islam. Prior to Islam, marriage was not a single fixed institution. Practices included women remaining with their tribes while husbands visited them, polyandry, and easy divorce initiated by either partner by simply turning the tent around. These customs correlated with women engaging in community leadership, warfare, and independent economic activity, though they coexisted with misogynistic practices like female infanticide.
Khadija, Muhammad's first wife, was a wealthy, independent widow who employed Muhammad, proposed marriage to him when she was forty and he twenty-five, and remained his only wife until her death, reflecting Jahilia rather than later Islamic norms.
2. The Rise of Islam and Legal Frameworks
Islam consolidated a historical shift toward patrilineal marriage while introducing an egalitarian ethical vision that coexisted with hierarchical legal rules.
Commercial expansion in Mecca and the breakdown of communal property placed new emphasis on paternity so men could pass property to their offspring. Islam selectively sanctioned customary patriarchal and polygynous structures already prevalent in the neighboring Middle East while prohibiting matrilineal unions, polyandry, and temporary marriages, fundamentally reshaping the power dynamics between the sexes.
Legal Consolidation and Seclusion
As Muhammad gained political prominence, separate dwellings were built for his wives along the mosque wall, and Quranic verses instituted strict hijab and seclusion to distance them from the bustling community. These measures functioned similarly to the gynecia and harems of Byzantium and Iran, ultimately curtailing women's presence in public life and community affairs.
Umar ibn al-Khattab repeatedly urged Muhammad to seclude his wives to protect them from insults and intrusive visitors, an objective achieved after incidents where men's hands brushed against the wives' hands during gatherings.
The single room built for Muhammad's wife Sawda along the eastern wall of the mosque measured approximately twelve by fourteen feet. Under Sura 4:3, Muslim men were permitted a maximum of four wives, and Sura 4:19 required four witnesses to convict someone of zina, reflecting the openness of previously accepted sexual practices.
Following Muhammad's death, several women participated in or led military rebellions against the new Islamic state, while others functioned as independent leaders or soothsayers. Notably, women in Hadramaut openly celebrated Muhammad's death with henna and tambourines to protest the curtailment of their independence.
Initially, twenty-odd women in Hadramaut joined in celebrating the Prophet's death with henna and tambourines. Salma bint Malik led soldiers in person riding her mother's camel during an armed rebellion, and Sajah bint Aws led a faction of the Tamim tribe as a prophetic leader before making a treaty with Musailamah.
Ethical Ambiguities and Women's Voices
Despite subsequent restrictions, women—especially Aisha—served as critical authorities and transmitters of early Islamic tradition and texts. A significant proportion of early hadith and biographical literature was narrated on the authority of women who were contemporaries and wives of Muhammad. Their accounts reveal not only historical details about pre-Islamic customs and early Muslim life but also instances where women forcefully asserted their dignity and challenged male assumptions.
Aisha indignantly rejected comparisons of women to animals regarding ritual purity, exclaiming that the Prophet would pray while she lay before him on the bed.
An inherent tension exists between Islam's pragmatic hierarchical laws regarding gender and marriage and its underlying egalitarian ethical vision. While early Islamic pragmatic rulings instituted male control, proprietary rights over sexuality, and permissive polygyny and divorce, the Quran simultaneously articulates a stubbornly egalitarian spiritual framework. Verses declaring reciprocal rights for wives, questioning the practical possibility of equal treatment in polygamy, and guaranteeing women independent rights to own and inherit property significantly qualify the system of absolute male control.
Women were generally allotted half a man's share of property inheritance under Islamic decree.
3. The Transitional Age and Classical Jurisprudence
Islam contains two distinct voices and understandings of gender. You find an ethical vision emphasizing the absolute moral and spiritual equality of men and women. You also encounter a pragmatic legal voice encoding a hierarchical relation and marriage structure.
During the Abbasid era, Islamic law absorbed the misogynistic urban mores and harem systems of conquered Byzantine and Sasanian societies.
The ethical voice is consistently articulated in the Quran. Sura 33:35 directly balances virtues, ethical qualities, and rewards for both sexes, declaring the absolute identity of the human moral condition. However, the legal voice was extensively elaborated by rulers and lawmakers into political and legal thought. This technical understanding of Islam defined subsequent societies.
The Two Voices of Islam
As Islam expanded through conquests into urban centers of the Byzantine and Sasanian empires, it absorbed societies with elaborate scriptural traditions. These civilizations were far more restrictive and misogynistic toward women than early Arabia. The urban societies of the Mediterranean Middle East and Iraq possessed legal codes and administrative mechanisms for controlling women. These mechanisms closely aligned with the views of figures like al-Ghazali and Christian theologians like Augustine.
The supreme theologian al-Ghazali, who died in 1111, advised male readers not to be content with being less than a woman in religion or worldly matters. He implied that an ordinary man should surpass even a gifted woman. These prevailing local practices of dominant classes eventually informed how Islam was interpreted and rendered into law.
Abbasid Harem System and Classical Law
The dramatic influx of wealth and slaves following Islamic conquests led Abbasid elites to adopt Sasanian customs. Society centered on polygamy, concubinage, and the strict seclusion of women guarded by eunuchs. As elite men accumulated vast numbers of slave women and concubines, royal marriages declined.
Caliph al-Mutawakkil possessed four thousand concubines during his reign from 847 to 861. Harun al-Rashid had hundreds between his reign years of 786 to 809. Al-Zubair left one thousand slaves and one thousand concubines upon his death in 656. Satiety within large harems created boredom for men and profound emotional, psychological, and material insecurity for women. Women were forced to resort to manipulation and poison as the weapons of the powerless.
The everyday reality of marketing women as commodities in Abbasid society blurred the conceptual lines between woman, slave, and purchasable object. Because elite men interacted with female slaves primarily as masters, the notion of woman became deeply degraded across all social strata. This objectification strongly informed the worldview of male theologians, legists, and philosophers who created the core prescriptive texts of Islam.
Prince Adud al-Dawla became infatuated with a concubine. Annoyed at his own weakness and distraction from affairs of state, he had her drowned like a distracting toy.
Classical Islamic law took shape over centuries through haphazard regional processes. Orthodox legal scholars gave paramountcy to specific administrative regulations and customary practices while reducing broad Quranic ethical imperatives to matters of individual conscience. By the 10th century, the four Sunni schools of law finalized doctrine and applied the principle of ijma or consensus to freeze legal interpretation permanently.
Regional variations emerged early during the Umayyad empire period lasting from 661 to 750. Kufa allowed women to contract their own marriages while Medina required a marriage guardian.
4. Colonialism and the Discourse of the Veil
Nineteenth-century colonial powers weaponized feminism and the veil to justify imperial domination, provoking native narratives of cultural resistance.
Social and Intellectual Change
The treatment of women in Islamic custom and law became a central topic for Muslim male intellectuals. You find that gender reform became inextricably intertwined with nationalism and cultural change. Polygamy, easy male access to divorce, and segregation were openly discussed. Intellectuals sought to understand the relative advancement of European societies.
Rifa'ah Rafi' al-Tahtawi, whose lifespan ran from 1801 to 73, wrote a descriptive work on French society. He recommended giving girls the same education as boys. He associated reforms in social mores with national renewal. In 1835, authorities established a school to train translators in Cairo.
Under colonial domination, the debate over women fused permanently with issues of culture, class, and politics. The veil became a potent signifier of broader political struggles. Advocates for improving women's status frequently framed their arguments around abandoning native culture in favor of European customs. Progress or regress in women's rights depended on the political alignment of those holding power.
The establishment of the School for Hakimas in nineteenth-century Egypt trained women as medical practitioners. This created viable professional roles and vastly improved public health measures. Antoine Clot-Bey directed the School for Hakimas, and Susan Voilquin served as its first female principal.
To manage public health, you follow these steps:
- Train female students in a six-year course emphasizing obstetrics and medical practices
- Award graduates a license to administer vaccinations, perform deliveries, and treat women and children free of charge
- Appoint graduates as government employees with the rank of second lieutenant
- Arrange government-sponsored marriages with medical officers and station couples in the same district with a furnished house
The school achieved enrollment to its initial capacity of sixty students in 1846. The Civil Hospital vaccinated approximately six hundred children each month. Overall, the program vaccinated about fifteen thousand children per year.
Colonial Cooptation and the Veil
In the nineteenth century, the Victorian colonial establishment captured the language of feminism and redirected it toward colonized societies. Lord Cromer served simultaneously as the founding member and president of the Men's League for Opposing Women's Suffrage in England. Yet he was a vocal champion of unveiling Egyptian women. British colonial authorities argued that native men oppressed women and that Islamic culture was innately backward.
Qassim Amin published The Liberation of Woman in 1899. The book provoked furious debate not because its proposed legal reforms were novel, but because it passionately urged the abolition of the veil. The pro-British daily Al-muqattam hailed the book as the finest work in years. Khedive Abbas refused to receive Amin due to his lavish praise of British rule and his attacks on prior rulers and the ulama.
Opponents of Amin's work developed a native narrative of resistance that defended veiling and segregation as symbols of national dignity. Mustapha Kamil's paper Al-liwa argued that women had the same right to education as men while rejecting immediate unveiling as an unconsidered rush to imitate the West.
Malak Hifni Nassef opposed immediate unveiling and argued that the primary obstacle to women's progress was the moral corruption of men rather than women's ignorance or the veil itself.
Malak Hifni Nassef lived from 1886 to 1918. She discovered only after marrying ʿAbdel Sattar al-Basil Pasha that he already had a co-wife. She kept her marital agony a secret to protect her family and prevent opponents of women's education from using her situation against female progress.
To achieve genuine reform, you must follow these principles:
- Provide women with a true and sound education
- Improve men's moral character and eliminate abusive behavior toward women
- Allow women the autonomy to choose what is advantageous for themselves and the nation
City populations expanded at a rate of 20 percent from 1907 to 1917. By 1917, 33 percent of the male population in major cities was literate. The Dinshawai incident involving fifty-two tried villagers occurred in June 1906.
The early twentieth century saw a rapid rise in women's intellectual, social, and political activism in Egypt. The Mubarat Muhammad Ali was launched by two princesses in 1908. By 1961, these Mubarat institutions created twelve hospitals and eighteen dispensaries, treating over thirteen million patients over twenty-one years.
Early feminists pursued these concrete goals:
- Found organizations for the intellectual and moral improvement of women
- Establish dispensaries, nursery schools, and charitable associations to provide medical services and aid
- Participate in political organizations, marches, and public demonstrations to demand national independence and rights
The 1920s marked a major turning point for women's educational access in Egypt. The Egyptian Constitution declared education a priority in 1923, and parliament set the minimum marriage age at sixteen for girls and eighteen for boys. Primary education was decreed compulsory for boys and girls in 1925. Lutfi al-Sayyid, editor of Al-jarida and rector of Fuad University, arranged for female graduates to be admitted in the late 1920s, and the first women took their university degrees in 1933.
10 Key Ideas
- Pre-Islamic Middle Eastern civilizations and early Arabian customs established foundational patriarchal and legal structures that restricted women long before the rise of Islam.
- Pre-Islamic Arabia featured a diverse range of marriage and social customs, including matrilineal, uxorilocal, and polyandrous practices, which allowed women greater sexual autonomy and public participation than they retained under Islam.
- Islam consolidated a historical shift toward patrilineal marriage while introducing an egalitarian ethical vision that coexisted with hierarchical legal rules.
- Despite subsequent restrictions, women—especially Aisha—served as critical authorities and transmitters of early Islamic tradition and texts.
- During the Abbasid era, Islamic law absorbed the misogynistic urban mores and harem systems of conquered Byzantine and Sasanian societies.
- Classical Islamic law took shape over centuries through haphazard regional processes where orthodox legal scholars gave paramountcy to specific administrative regulations and customary practices while reducing broad Quranic ethical imperatives to matters of individual conscience.
- Nineteenth-century colonial powers weaponized feminism and the veil to justify imperial domination, provoking native narratives of cultural resistance.
- Under colonial domination, the debate over women fused permanently with issues of culture, class, and politics, making the veil a potent signifier of broader political struggles.
- Malak Hifni Nassef opposed immediate unveiling and argued that the primary obstacle to women's progress was the moral corruption of men rather than women's ignorance or the veil itself.
- The early twentieth century saw a rapid rise in women's intellectual, social, and political activism in Egypt, marked by the founding of charitable associations, medical dispensaries, and campaigns for educational access and national independence.