The physical, moral and Sharee‘ah-related differences between man and woman are proven by Divine Decree, the Sharee‘ah, and sound ration.

That is, Allah The Almighty has created man and woman as twin-halves of the human species: male and female, as confirmed by His Statement (which means): {And that He creates the two mates - the male and female.} [Quran 53:45] Both participate in maintaining the universe, each in his/her field. They share in maintaining it by worshipping Allah The Almighty, in which there is no difference between men and women in the universalities of religion: Tawheed (Islamic monotheism), creed, articles of faith, submission to Allah The Almighty, reward and punishment, encouragement and admonition in general, in addition to virtue and chastity. There is also no difference between them in the universality of religious law, as regards to all rights and duties; Allah The Almighty Says (what means):

• {And I did not create the jinn and mankind except to worship Me.} [Quran 51:56]


• {Whoever does righteousness, whether male or female, while he is a believer - We will surely cause him to live a good life.} [Quran 16:97]

• {And whoever does righteous deeds, whether male or female, while being a believer - those will enter Paradise and will not be wronged, [even as much as] the speck on a date seed.} [Quran 4:124]

But, Allah The Almighty decreed that man is different from woman in physique, constitution and appearance. Man is more perfect in nature, disposition and physical power than woman, due to what she suffers of menses, pregnancy, the pains of childbirth, suckling, looking after the affairs of the baby, and raising the future generation of the Ummah (Muslim nation). That is why the woman was created from the rib of Aadam (Adam), may Allah exalt his mention. She is a complementary part of him, and man is entrusted to take care of her affairs, guard and protect her, and maintain her as well as their offspring.

This difference in disposition led to differences between them in physical, mental, intellectual, emotional capabilities, and will-power, and that was reflected in the difference in work, performance, and competence. Additionally, modern day scientists have concluded that there are amazing signs of physiological disparity between the two sexes.

The types of difference between the sexes has accounted for a large set of corresponding Sharee‘ah-stipulated rulings. Allah, The Exalted in Honor, the Wise, with His Perfect Wisdom, has enjoined difference, disparity and authority between man and woman in some Sharee‘ah-stipulated rulings in tasks and functions that befit each according to his/her physique, constitution, capabilities and performance, and the aptitude of each of them in his/her respective field of human life, in order for life to be integrated and for each party to undertake his/her task in it.

Allah The Almighty assigned to men rulings that befit their physique, constitution, structure, competence, qualification for performance, patience, endurance and solemnity, and the bulk of their role is outside the home as they endeavor to provide for their household. He did the same with women, to whom He assigned rulings that befit their physique, constitution, structure, competence, qualification for performance and fragile endurance, and the bulk of their job is thus inside the home, looking after the affairs of their household and raising those in it who constitute the next generation of the Ummah.

Allah The Almighty related from a woman her statement (which means): {“And the male is not like the female.”} [Quran 3:36] Exalted be He, to whom belongs the creation and command, ruling and legislation: {Unquestionably, His is the creation and the command; blessed is Allah, Lord of the worlds.} [Quran 7:54]

This is the universal norm of Allah The Almighty in His creation (meaning that whatever Allah The Almighty wills and decrees for his slaves will inevitably occur), constitution and foundations, and His Legislative norm concerning commands, rulings and laws. Both norms meet to serve the benefits of people, the maintenance of the universe, and the organization of the life of the individual, the home, the community and human society.

 

Here is a set of features with which men and women have been characterized:

From among the rulings assigned to men, a mention may be made of the following:

• Men are in charge of the household in general and of preserving, caring and safeguarding virtue, holding back vice and protecting those under their guardianship from evil. They are also in charge of the household in terms of earning a living and spending upon it. In confirmation of this, Allah The Almighty Says (what means): {Men are in charge of women by [right of] what Allah has given one over the other and what they spend [for maintenance] from their wealth. So righteous women are devoutly obedient, guarding in [the husband's] absence what Allah would have them guard.} [Quran 4:34]

Consider the effect of that responsibility in the word "under" in the Grand Quran as stated by Allah The Almighty in Soorat At-Tahreem: {Allah presents an example of those who disbelieved: the wife of Noah and the wife of Lot. They were under two of Our righteous servants.} [Quran 66:10]

"Under" in this context tells us that they had no authority over their husbands; rather, it was their husbands who had authority over them. The woman is, therefore, not to be regarded as equal to or above the man in this regard.

• Prophethood and the delivering of Allah’s message are the domain of men and not women. In confirmation of this, Allah The Almighty Says (what means): {And We sent not before you [as messengers] except men to whom We revealed from among the people of cities.} [Quran 12:109]

According to scholars of Tafseer (Quranic exegesis), Allah The Almighty has never sent as a prophet a woman, an angel, a jinn, or a Bedouin.

• As for public guardianship and the jobs done under it like the judiciary, public administration, and so on, and all other forms of guardianship like that in marriage, are also the domain of men.

• Men are specifically assigned, to the exclusion of women, many acts of worship such as the obligatory duty of Jihaad, Jumu‘ah (Friday prayer in the mosque) prayer, congregational prayers (in the mosque), pronouncement of the Athaan and Iqaamah (calls to prayer), and so on. Divorce also is made in the hand of the man and not the woman, and the custody of the children are given to the man and not the woman.

• The man's share of inheritance, blood-money and his witness is twice that of the woman.

These and other rulings assigned exclusively to men explain the meaning of what is mentioned by Allah The Almighty at the end of the Noble Verse of Divorce in which He Says (what means): {But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise.} [Quran 2:228]

On the other hand, there are many rulings that Allah The Almighty assigned to women in acts of worship, social interaction, marriage and its ramifications, judgments, and so on. They are well-known in the Quran and Sunnah as well as in the writings of jurists. Many books, in the past as well as the present, have been dedicated to this purpose in particular.

Some of these pertain to her Hijab and guarding her virtue.

That Allah The Almighty has assigned to each sex a set of rulings has three implications:

First, to have faith in and acknowledge the physical, mental and Sharee‘ah-determined distinction between men and women. Each should be satisfied with what has been decreed by Allah The Almighty for him/her. Perfect justice lies in these distinctions, and through observing them, order is achieved in the life of human society.

Second, it is impermissible for a male or a female Muslim to hope for what was assigned by Allah The Almighty to the other. To do so would be to be displeased with the decree of Allah The Almighty and dissatisfied with His command and ordinance. Rather, let each slave ask Allah The Almighty out of His bounty for that is from Sharee‘ah-recommended politeness and which removes envy, disciplines the believing soul and habituates it to be pleased with what is decreed by Allah The Almighty.

Allah The Almighty forbade wishing for what is assigned to others in His statement (which means): {And do not wish for that by which Allah has made some of you exceed others. For men is a share of what they have earned, and for women is a share of what they have earned. And ask Allah of His bounty. Indeed Allah is ever, of all things, Knowing.} [Quran 4:32]

The occasion on which this verse was revealed is what is narrated on the authority of Mujaahid  that Umm Salamah, may Allah be pleased with her, said, “O Messenger of Allah, will men take part in Jihaad and we [women] not do so? Why should we have only half their inheritance?” On that Allah The Almighty revealed (what means): {And do not wish for that by which Allah has made some of you exceed others.} [Quran 4:32] [At-Tabari, Ahmad, Al-Haakim and others]

According to At-Tabari  “Allah The Almighty means here, 'Desire not that with which Allah has favored some of you over others'. It is mentioned that it was revealed in connection with some women who wished to be in the same position of men and have what they have, but Allah The Almighty forbade His slaves to have such false wishes and commanded them to ask Him for His Bounty, as such wishes always draw envy and transgression with no just cause.”

Third, if mere wishing is forbidden as stated by the Quran, then what about those who actually deny the Sharee‘ah-determined distinctions, call for their cancellation, and claim equality, to which they invite in the name of equality between man and woman?

Undoubtedly, this is an atheistic theory for it contradicts the universal norm of Allah The Almighty that decreed these physical and moral distinctions between men and women and seeks to disregard Islam with its Sharee‘ah-related texts which determine, in many rulings, the differences between the male and the female.

 

Should there be equality in all rulings, given the differences in physique and competence, it would be a reversal of Fitrah (natural disposition), and injustice against both the authoritative sex (men) and the other one (women) if not the entire life of human society, for in this case, it would result in deprivation of the fruits obtained from the capacity of being authoritative and, at the same time, the members of the other sex would be obliged to do what is beyond their capacity. Allah The Almighty forbids that such injustice, even as much as the weight of a mustard seed, should happen in the Sharee‘ah of Allah, who is the Wisest of judges. This is why these fine rulings ensure that the woman is provided for while she practices motherhood, maintains her house, and raises the future generations of the Ummah (Muslim nation).

May Allah have mercy upon the prominent scholar, Mahmood Muhammad Shaakir, who commented on the previously-mentioned statement of At-Tabari  saying,

This is merely a type of false wishing and longing which the people of this age are contentiously involved in and misunderstand, and the only way to be saved from it is to have a sincere intention, a correct understanding of the nature of humankind, as well as to separate baseless false wishes from necessity, and to release oneself from the bond of blind imitation of the prevailing nations and from the captivity of the corrupt society which has dragged the nations of today into great turmoil.

However, some of the people of our religion, may Allah guide them and mend their affairs, have been led astray, while assuming the mode of reform, and have confused what might reform their corruption by means of endeavor, thought and wisdom, with what would corrupt them. People have become radically excessive, and the resentful advocates of falsehood among them who are in charge of the press today have increased. Thus, tongues have spoken confused words, minds have fallen into chaos, and many people have slipped along with those advocates, to the extent that we have come to see some seemingly learned people who are of those of religious knowledge, say about this issue words from which every religious person should disassociate himself.

There is a huge difference between the state in which the life of the Ummah, with its men and women, is correct and pure from evil, disfigurement and ignorance, and the state in which the Ummah eliminates all the barriers between men and women and thus reduces itself to no more than false wishes that bring about envy and transgression with no just cause. Let me repeat the words of Abu Ja‘far  “O Allah, guide us to the straight path at a time in which the tongue has betrayed the mind. Let those who oppose the command of Allah, and reject His fate in them beware lest a calamity would befall them and obliterate their remaining traces on earth as it obliterated the traces of those who were before them.”

Thus, this principle confirms the physical, moral and Sharee‘ah-recognized distinctions between man and woman.

The forthcoming principles will be established on this first one, since they would discuss the distinctions between them concerning adornment and Hijab.