Gender Equality: Challenging god’s wisdom?

It is public knowledge that a bill seeking equality for male and female as heirs in the sharing of inherited family wealth and property has scaled through second reading at the Senate. A copy of the draft bill provides that women and men shall have the right to inherit, in equitable shares, their parents’ properties. The bill recommends a fine of N500, 000 or one year imprisonment for anyone who violates the law after its promulgation. The Senate Committee on Human Rights and Legal Matters has been given four weeks to carry out further legislative actions on the bill.
For those who are truly ignorant of Islam’s position on this matter, it would be useful to educate them, at least partly, through this medium. Others who are actually familiar with constitutional provisions which recognise the establishment of shari’ah as well as customary courts but chose to be cynical and mischievous in the pursuit of equality between male and female may wish to know that they are fighting a lost battle. This is more so because Nigerians as Muslims or non-Muslims respectively have a right to be guided and tried according to laws of the religion or customs they profess.
Allah (SWT), in His wisdom, stipulates that a male shall get double of what goes to a female as inheritance. He (SWT) states in Qur’an 4:11 ‘Allah (thus) directs you as regards your children’s (inheritance): to the male (is) a portion equal to that of two females…’ Muslim scholars have attempted to explain Allah’s wisdom behind this injunction. One of such explanations is their interpretation of Allah’s assertion in Qur’an 4:34 that “Men are protectors and maintainers of women because Allah has given the one more (strength) than the other; and because they support them from their means…’
Physical strength, bravery, doggedness in toiling challenges are some of the physical and psychological traits with which Allah (SWT) has favoured men over women. This is Allah’s choice which no human intellect has the capacity to interrogate. Women, too, have certain traits including emotion and forgetfulness that are peculiar to them. It is based on these traits which separately define the nature of male and female that Allah (SWT) assigned responsibilities (religious as well as social) to mankind according to the respective nature of each gender.
This argument, thus illustrates why Allah (SWT) made prophethood and messengerhood as duties exclusively assigned to men only. The same argument also elucidates why Islam, for reasons of tender-heartedness of women, forbids them from been appointed as judges to preside over cases; precisely in a shari’ah courts. Forgetfulness is a weakness associated more with women than men; and as such, must have prompted the Islamic injunction on testimony, which requires two men in place of a man as it concerns the appointment of witnesses to an agreement or contract. Allah (SWT) states in Qur’an 2:282 ‘…And get two witnesses out of your own men, and if there are no two men, then a man and two women; such as ye choose for witnesses so that if one of them errs, the other can remind her…’
If the creator of male and female has not made them equal in nature, rights and duties; does it really make sense for the sake of ‘political equality’ to therefore ask Muslim women to dress like men whose nakedness only extends from their navel to knees? Or ask Muslim women to marry four husbands at a time since such is a right enjoined by Muslim men? Or make praying in the mosque compulsory for Muslim women just like men? Or permit Muslim women to marry people of the Book (Ahlul Kitab) as allowed for Muslim men? Or repeal the Islamic provision which restricts Muslim women who do not have a Mahram in their company from traveling? Allah (SWT) reminds us in Qur’an 3:36 that ‘…And nowise is the male like the female…’ Seeking equality in these differences is a move against God’s wisdom which defined the dissimilarities.
It is pertinent to remind Senator Biodun Olujimi (PDP, Ekiti South), sponsor of the Gender and Equal Opportunity Bill, that the same strong constitutional reasons that led to the rejection of the bill seeking equality of rights to inheritance for both and women will again throw it out of the senate chambers for a second time. If the country’s constitution recognises the exercise by Shariah courts of ‘such appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law’ as mentioned in section 277 of the 1999 constitution, it would be a gross contradiction to promulgate an Act of the National Assembly that will negate this same section. Besides, the country’s 1999 constitution states in section 1(3) that ‘if any other law is inconsistent with the provision of this constitution, this constitution shall prevail, and that other law shall to the extent of the inconsistency be void’
We advise the senate to pick and adopt uncontroversial aspects of the bill and discard sections that contradict or undermine the supremacy of the Nigerian constitution. Equality in terms of basic human rights such as access to education and healthcare should be retained. Islam, for instance, makes the search for knowledge compulsory for both male and female. Practices that discriminate against women in business opportunities could also be outlawed. Khadijah the wife of the Prophet (SAW), was wealthy and even employed the then young Muhammad (SAW) to look after her business.
Rather than challenge God’s wisdom, it would serve the interest of Nigerians better if Senator Biodun proposes a bill that will guarantee and strengthen justice and fairness to male and female citizens. Justice entails giving to each person or gender that which he or she is entitled to. This conforms to the exhortation in Qur’an 5:9 where Allah (SWT) states: ‘Be just; that is next to piety…’ Senator David Umaru (APC, Niger East) who opined that the Gender Equality bill ‘does not need debate for passage’ may which to know that men, in Islam, are a degree above women. Allah (SWT) states in Qur’an 2:228 ‘…but men have a degree (of advantage) over them…’ May Allah (SWT guide us all to appreciate His divine wisdom inherent in all things, amin.