This paper introduces and discusses some basic concepts on the gender issue. These concepts will be the basis for a subsequent article that will analyze Islamic legal provisions that assure rights and obligations of the 2 genders while at the same time assuring gender equity.

Gender identity

Gender identity is self-recognition as a male or a female. It may coincide or not coincide with biological gender. The biological basis for gender identity exists at birth in most people in the form of distinct external genitalia. Both physiological and social factors contribute to formation of a definitive gender identity. By the age of 7 basic gender identity is established and is difficult to modify later. Issues of gender identity become more complicated in cases in which the biological gender is ambiguous.

Gender awareness

Gender awareness develops very early in children. Sexual awareness develops towards puberty. Innate knowledge or awareness of gender is reinforced by the child's observation of anatomical and behavioral differences between men and women. Socialization also plays a role in strengthening gender awareness.

Gender-based roles

Islamic teachings and most traditional societies assign gender-based social roles as a form of efficient labor division in society. Many animal societies have also been observed to accept gender-based roles. The acceptance of gender roles as a norm has been predominant for millennia until it was disputed by modern European secular culture. However this culture has inconsistency in its ideas about gender and equality. Insistence on exactly the same roles for men and women is biologically and socially illogical. Roles of men and women cannot be exactly the same because males and females are different. Treating dissimilar persons in the same way enhances and does not relieve inequality.

Gender parity

For proper functioning of human and animal societies, it was necessary to have gender parity. The Qur'an has taught the issue of parity as a general phenomenon in creation. Parity in gender, zawjayn, with emphasis on complementary relations between males and females is just one example of parity found in other living and non-living things. We will subsequently discuss issues of equity, equality, justice, and division of labor that are associated with parity.

Gender balance

On the demographic level, there should exist equal numbers of males and females. This is maintained in a normal social setting. In abnormal situations the balance may be lost leading to social problems. One of the signs of the impending Last Day, yawm al qiyamat, will be gender imbalance with too many women for few men[1]. This will be followed by a lot of adultery, zina[2].

Gender distinction

Allah created 2 different and distinct genders as a pair[3]. The male is different from the female[4] although ultimately both are from the same source[5]. Each gender is encouraged to maintain its biological, psychological, emotional, and social identity. This is for the purpose of facilitating and regulating relations between the two genders for the good of the whole society. Parity, zawjiyat, is a basic phenomenon of creation that requires that men and women complement one another each bringing to the relationship unique features of the respective gender identity. This complementation would be meaningless if the two genders lost their separate identities

Blurring gender distinction:

The Law considers any blurring of the gender distinction between males and females as highly undesirable. This applies to the way of dressing, talking, behaving and socializing. Effeminate men must not be allowed to enter homes[6]. Severe punishment is reserved for men who try to appear like women, mukhannath, and women who try to appear like men, mutarajjil[7] and those who try to resemble the opposite gender, mutashabihiin and mutashabihaat[8]. The law specifies acceptable clothing and other bodily ornamentation for men and women[9]. Only women can use silk[10] and gold. It is recommended for men to grow a beard as a sign of their masculinity.

Gender discrimination:

All human societies have been guilty of some degree of gender discrimination. In pre-Islamic Arabia, jahiliyyat, there was despise for females, idhlaal al nisa. There was preference for male births and hatred for females[11]. Parents were sad on birth of a daughter[12]. Infant daughters were considered a blemish, aar[13] and were buried alive, wa'ad al banaat[14]. Women were inherited as goods[15] and were denied the good things of life[16]. Jewish law has some elements that are very discriminatory against women. In Christendom, women were blamed for the original sin of Adam and Hawa and suffered discrimination as a result.

Contemporary European secular society has gone to the other extreme in rejecting discrimination of women practiced in earlier centuries. However in the process of the so-called liberation of the woman new and perhaps more degrading forms of enslavement have evolved. In contemporary the woman's body is sometimes treated as a sexual object to be exploited in the commercial advertisement and entertainment industries.

The European concept of equal rights for men and women is different from the Islamic one. It requires a woman to behave, act, and be treated like a man. This will in the end remove the social legal protections for the women that are necessary because of her different biology and her functions as a mother and a wife. Islam calls for equity and not equality.

Gender in the Qur’an:

The Qur’an has many verses that relate to the gender issue; we will here discuss only some of them. Males and females are from the same creation[17].  Males and females are allies of one another[18]. Males and females get reward equal to that of men for work that they do[19]. The opinions and voices of females are respected and are given attention[20]. Women made the pledge of allegiance to the prophet just as men did[21]. This reaffirmed their equal participation in the political affairs of the Muslim state. The testimony of one woman is equal to that of one man in accusations of marital infidelity[22]. The testimony of one man is equal to that of two women in commercial disputes that is an exceptional situation because women traditionally were not involved in commercial transactions. Females must be modest[23]. Like men some women are good and others are not. The Qur’an gave the wife of Pharaoh and Mariam as examples of god women[24]. It gave the wives of Nuh and Lut as examples of bad women[25].

Gender in the sunnat:

There are many hadiths that provide a glimpse on the gender issue and we will quote a few. Women like men should attend mosques[26]. They used to attend fajr prayers in the prophet’s mosque[27]. They were allowed in the mosque at night[28]. The prophet gave women special attention in the mosque[29]. He set aside a special time for teaching women[30]. Women pledged allegiance to the prophet just as men did[31]. Women fought side by side with men[32]. Women can go out of their houses to fulfill their needs[33]. Despite many equal or similar challenges and responsibilities, women should not behave like men because they are different[34].

Feminism

Feminism is a philosophy and social movement that has struggled over the past 3-4 decades to assure women of social, economic, or political rights and participations. It arose as a reaction to restrictions on women’s full participation in traditional society. Some of these restrictions were unjustly justified by culture and tradition. Feminism however went overboard when it started denying different roles and responsibilities for the 2 genders which is the natural order created by Allah. It started insisting that women behave like men in everything denying any gender differences. Feminism argued for full equality of men and women in rights and obligations. This meant that women had to compete with men in the workplace in addition to their additional responsibilities of motherhood which has not been an easy challenge. Achieving equality from the feminist perspective would also remove the social security networks that traditional society provided for women as mothers. The dilemma has been that feminism has not become a dominant movement because as it solved some problems of women discrimination and marginalization, it creates new and sometimes bigger problems. On the other hand the traditional society that restricted the roles of women cannot be accepted. My feeling is that the Islamic approach is the middle of the way solution that should be adopted.

Islam and the woman’s rights and obligations

Islam has emphasized gender identity while rejecting all forms of discrimination against the woman on the basis of her gender. The Qur'an makes it clear that both Adam and Hawa were misled[35]. They both sought forgiveness from Allah and were forgiven[36]. In 2 verses it is Adam and not Hawa who is mentioned as seeking forgiveness[37]. Human sexuality could be a cause of corruption. Women because of their sexual attractiveness can be a source of fitnat[38]. This has been misunderstood as derogatory to the moral standards of women. In practice it is men who are more often the active or aggressive party in sexual corruption and should take the blame. Any situation of corruption involves both a man and a woman and both are morally guilty. The Law equalizes their guilt and their punishment[39]. In the same way Islam equalizes their reward for good work[40]. Men can also be a sexual attraction as the Qur'an tells us in the story of Yusuf (PBUH). His beauty was a temptation, fitnat, for women[41].

Gender as a non-Issue if Islamic Law is applied:

Gender is a subject of contemporary controversy and intellectual debate for which Islamic Law has adequate solutions if properly applied. From the Muslim perspective, behavior and practice of many Muslim societies is at variance with the correct and original Islamic teachings. Stereotyping makes it difficult to discuss gender issues logically because observations of deviant practices by some Muslims are sees as if they represent Islamic teachings. The issue of gender seems very clear from the Islamic perspective but even some Muslim intellectuals have been confused when they discuss gender from a defensive perspective following attacks by Europeans on certain practices in Muslim societies.

Modern European thought however has complicated the issue and has made erroneous observations and reached wrong conclusions. These conclusions have led to a wholesale attack on Islam and Muslims in matters related to gender. The basic source of misunderstanding is that the European mind-frame finds it difficult to accept that differences and similarities occur and are an indication of Allah’s will. These similarities and differences have a purpose and did not occur by chance. The European mind looking at similarities among different creatures could not accept them as part of deliberate creation for a purpose but had to come up with the evolutionary theory to explain them. In a similar vein, the European mind finds it difficult to accept the differences (biological, psychological, emotional) between males and females as normal and created. These differences have specific biological and social purposes in society because they equip males and females with capacities for different responsibilities and different behaviors. The differences should be celebrated and not denied. Denial of these differences and their social implications is the genesis of the current gender debate which from a strictly Islamic viewpoint should be irrelevant because Islamic Law has provisions that assure equity between males and females.