Muslim Women in Medieval Spain - Essay Example

01 February 2009 Muslim Women in Medieval Spain The first three hundred years of the Muslim conquest gaveSpain a unique character among west European countries. Save for the Pyrenean regions and the territory to the north of the River Duero, the entire land mass was subjected by and received the imprint of Islamic civilization. Three centuries of virtually undisputed Muslim rule gave Spain its indelibly Moorish characteristics (Mann 12). Spains Moorish past is so readily accepted by the modern traveler that it requires some effort to grasp the scale of the revolution that over, took the peninsula. A wholly foreign race professing a strongly hostile religion took over the country, a totally alien language became the official tongue, a completely novel culture was imposed on the population. Entire sections of the peasantry and the urban élite deserted their Catholic faith and embraced Islam. By the tenth century the territory called Al-Andalus was a country with a solid Muslim majority, and had become the single most powerful and civilized state in western Europe. The Moorish state was never so integrated or unified that it crushed out the cultures that had preceded it (Collins 43). None the less, Islamic culture itself became so imbedded in the Hispanic mentality that it ceased to be alien and became an ineffaceable and authentic part of peninsular history. In Medieval Spain women obtained an important role and had more rights and freedoms in contrast to Christian women and their position in society. In Medieval Spain, the subjected Christian population was usually treated with the limited religious tolerance customary to Islam. Occasional persecution was matched by outbreaks of religious zeal on the part of the conquered. Those who held fast to their faith were called Mozarabs, Christian in belief but Arabized in culture and language. Their numbers, however, shrank, and their faith itself became diluted with novel beliefs and heresies. Many were attracted by the higher quality of Islamic culture. The principal episcopal see, Toledo, once the Visigothic capital, found itself isolated as the sees of the Christian north freed themselves from its jurisdiction. Despite these drawbacks, Mozarabism remained a vitally important phenomenon (Carr 64). It represented a profound dialogue between Muslim and Christian civilization, and retained enough of an identity to prepare the way for an eventual re, conversion of the lands which the Muslims had made their own. Dillard (1993): “The settlement charters, drawn up by king or count to attract settlers who would defend the frontier outposts and raid into Muslim territory, illustrate less the legal independence of and privileges granted specifically to women than their importance as wives of colonizers and mothers of future citizens: women are the necessary guarantors of permanent settlement through a second generation” (71). Castilian predominance was unmistakable. The kingdom embraced over half the land mass of the peninsula and the great majority of its inhablitants. Over most of its territories the language spoken was Castilian. In the Crown of Aragon the Catalans were the pace-setters. By settling the newly annexed Muslim -populated lands of Valencia, they made Valencia into a province that was (and has remained into recent times) overwhelmingly Catalan in race and language. Though the aim of the Reconquest was to eliminate Arab power, it did not necessarily involve elimination of the Arab population. No state could have coped adequately with a sudden withdrawal of all Muslims from Spain (OCallaghan 110). The slow progress of conquest therefore allowed Christian society to adapt to changing political conditions (Collins 76). In effect, the Christians colonized those regions where they encountered a working peasantry. Royal grants gave them ownership of the southern estates controlled by Moors (Mann 15). They continued to exploit them with the help of the subjected Muslim peasants, who were treated virtually as serfs. Where there were few native peasants, Christians from the frontier lands came and settled the soil on a contractual basis with the new lords. Because of the moving frontier in Andalucia, the new Christian owners were less interested in domestic agriculture than in rearing sheep. In Valencia the frontier was more settled since there was no further scope for expansion (Carr 66). A somewhat less important doctrine regarding marriage is kafaah, the rule of equality which states that a marriage is a suitable union in law if the man is equal in social status to the woman. However, this obligation does not apply to the woman, since she is considered to be raised to the husbands position by marriage. “The marriage tax, a mark of servile status, was eventually levied only on widows who married within a year of a husbands death, an offense widely considered a threat to legitimate paternity and patrimonial inheritance” (Dillard 72). In Hanafi law, equality is a necessary condition determined by (1) family, (2) Islam, (3) profession, (4) freedom, (5) good character, and (6) means: A marriage that does not favorably meet these criteria is not necessarily void (Collins 43). The judge must carefully exercise his discretion in determining whether to annul the marriage on the basis that it was a mésalliance. Dillard underlines that :”Sexual intercourse between Christian men and Jewish or Muslim women would, then, be considered or justified as a form of insulting inferiors and demonstrating prowess. The sexual conquest of Muslim and Jewish women can be regarded as a legitimate form of aggression and an expression of superiority which, consequently, brings no civil penalty” (Dillard 86). Once the essential requirements for a valid marriage have been fulfilled, the marriage agreement imposes specific obligations and insures specific rights for each marriage partner. Among the most significant rights and obligations are those concerning obedience, regulation of marriage agreements, property rights, dower, maintenance, guardianship, and parentage. In many cases, the rights awarded to a woman as a legal entity contributed significantly to her rise in status in comparison to her pre-Islamic state. One important right granted in the Hanbali school, which in modern times is recognized as a means by which women can obtain a considerable measure of independence and status in marriage, concerns the partners ability to regulate agreements in a contract by adding clauses containing additional provisions to the marriage contract as shall be seen, this approach has been employed by modern reforms. Agreements can be formed at the time of the marriage or afterwards and are valid and enforceable provided that they are not contrary to the policy of the law (Collins 77). Conditions that are contrary to the object of marriage (for example, clauses saying that the wife need not live with her husband or that the husband need not maintain his wife) would be void, although the marriage would still be valid. However, clauses that extend the natural consequences of marriage, such as a husbands promise to maintain his wife in a certain life style, are valid (Carr 67). Although both parties inherit from each other, neither acquires interest in the property of a spouse because of the marriage. This principle was the result of a Quranic reform which gave the woman the right to own and manage property herself and to keep possession of this property even after her marriage. Another right granted to the woman as a result of Quranic prescription is her right to dower, intended to safeguard her economic position after marriage. Dower is considered to be essential in every marriage contract. It may be defined as a payment which the wife is entitled to receive from the husband in consideration of the marriage. As the Quran specifies: "And give the women [on marriage] their dower as a free gift" (Quran Manuscripts 2009). In pre-Islamic Arabia the word sadaq represented the husbands gift to his wife, while dower was paid to the brides father. However, Islamic law made dower payable not to the brides father, but only to the bride herself Like the contract itself this action also made the woman a party to the contract and so the marriage agreement could not be considered a sale. Dower may be classified into several categories. The first, specified dower is usually fixed on the occasion of the marriage and recorded in a register by the qadi performing the ceremony (Collins 87). The amount of dower fixed by the father for his minor son binds the son for the amount, but in Hanafi law the father himself is not liable for payment (Mann 14). Unspecified or proper dower refers to an amount that has not been fixed. Although it may not be specified, dower is a legal responsibility not dependent upon any contract between the parties. If dower is not determined, the amount will be decided by the social position of the brides fathers family as well as her own qualifications, such as those cited by the Hedaya: age, beauty, fortune, understanding, and virtue. The amounts of dower set for other females in the brides family will also be a determinant, but the husbands social or financial position is not a consideration (Carr 67). The warrior nobles of the Reconquest frontier were granted lands and privileges which their families have held down to today. The kings of Castile did not distribute such rewards only out of gratitude: it was obvious that the frontier could not be held save by giving the meritorious a secure investment in it. Even this could not prevent the ambitious few, like the Cid, striking out on their own, creating their own principalities and sometimes allying with the Moor against their own king. Out of the Reconquest there thus rose a mystique of the great noble (Collins 87). In Castile, where the feudal system of mutual obligations between lord and vassal never took hold, largely because of the fluid nature of landed and personal obligations in a society at permanent war, the noble became a minor king. In Aragon, which was more closely influenced by European legislation and social patterns, a formal feudalism tended to restrict ambitious nobles; it also created a class of depressed peasantry in Catalonia who took part in a great upsurge of revolt at the end of the 13th century (Mann 19). The class of military adventurers was always large in a society where constant war against the Moor was a norm (Mann 15). There arose a large sector of lesser nobles, the hidalgos sons of some substance, usually landed), whose feats gave the Reconquest its chivalric dimension (Collins 65). These were the Christian knights celebrated in the ballads or romances known in French: ballads such as the Song of Roland or the Poem of the Cid. Concessions to citizens venturing to settle the uneasy frontier areas were generous. Municipalities which pressed hard enough were able to obtain a confirmation of their rights from the Crown. Townships thus came to play a big part in resettlement, as they were later to do during the conquest of America. Smaller towns in Castile were allowed to become behetrías, that is, to choose their own lord at will. At the same time the frontier peasantry or shepherds, particularly in Castile, enjoyed not merely personal freedom (in contrast to the servitude in north-eastern Spain and over much of western Europe) but also communal privileges such as rights of pasture and rights to cut wood (Carr 68). Parentage is established in Islam by birth during a regular or irregular, but not a void marriage, or by the fathers acknowledgement. Thus, the childs rights to legitimacy are at times dependent upon the good will of his father. A childs legitimacy determines both his rights to maintenance and to inheritance from his father (OCallaghan 125). However, consistent with its view of marriage as a contract, freely entered by the two parties, provisions were made for legal action to protect the rights of each partner if the terms of the contract were not met. Every attempt should be made to maintain a marriage, but once the marriage becomes a failure, Muslim law allows the parties to separate from one another. Divorce in Islam serves as a safety valve in cases where the spouses can no longer live in harmony and so the very purpose of marriage would be defeated if they remained together. The paternal grandfather is entirely excluded from inheritance by the father or nearer paternal grandfather of the deceased. However, if they are not living, he takes their place, receiving one-sixth of the estate, or if there are no children of the deceased or the deceaseds son h.l.s., he becomes an agnatic heir (Collins 98). The maternal grandmother is entirely excluded by the living mother of the deceased or nearer maternal or paternal grandmother. The paternal grandmother is excluded by the living mother or father of the deceased, a nearer maternal or paternal grandmother and a nearer paternal grandfather. However, when they are not excluded, they receive a share of one-sixth of the inheritance to be distributed to one or to two or more collectively (Carr 69). In the Muslim Medieval Spain, the sons daughter receives a share of one-half for one and two-thirds for two or more collectively. However, she is excluded from inheritance by the existence of the son or more than one daughter, or a higher sons daughter. If only one daughter of the deceased exists or if only one higher sons daughter exists, her share is reduced to one-sixth. Finally, if an equal sons son exists, she is made an agnatic heir. The full sister of the deceased is excluded from inheritance by the deceaseds son or son h.l.s., father, and paternal grandfather. If these are not living, one sister receives one-half of the estate and two or more collectively receive two-thirds. However, if a full brother exists, the full sister is made an agnatic heir. The consanguine sister is excluded from inheritance by a son h.l.s., father, paternal grandfather, full brother, or more than one full sister. Otherwise her share is one-half for one sister and two-thirds collectively for two or more. When only one full sister exists, the consanguine sisters share is reduced to one-sixth and if a consanguine brother exists, the consanguine sister is made an agnatic heir. Since the Quranic verses of inheritance only provided for a specific group of heirs and this only "after payment of legacies and debts," some form of bequest was still presumed ((Quran Manuscripts 2009). Because the Quran was silent as to the extent of this continued power of testamentary disposition, jurists turned to the Sunnah of the Prophet for regulations which both enabled bequests and protected the rights of Quranic heirs. The result is a system which recognizes the right of a Muslim to bequeath up to one-third of his net estate to parties of his own choice as long as they are not his own legal heirs. The bequest can be made for any person capable of owning property, regardless of his religion, or to an institution, or for a religious or charitable object (Collins 99). The Muslim concern not simply to know the divine will but also to execute it, inspired the early Muslim communitys expansion and conquest of Arabia, the Eastern Byzantine Empire in Palestine, Syria, Lebanon, the Persian Empire in Iran and Iraq, and Egypt. However, the realization of the Muslims religious vision to transform the world was not a simple task. The geographical expansion of Islam resulted in many new problems which raised the question, "How is the divine will to be realized in this situation?" Since the Quran is not a law book, i.e., not a collection of prescriptions providing a legal system, and because the Prophet was no longer alive to resolve problems, the judges shouldered the responsibility of rendering legal decisions. The Quran is the revelation of God, the central fact of the Islamic religious experience. As the very word of God, for Muslims the Quran is the presence of the numinous in history (space and time). Quranic revelation is not that of the transcendent God, but rather of his Divine Will which man is to follow: "Here is a plain statement to men, a guidance and instruction to those who fear God" (Quran Manuscripts 2009). Thus, the primary material source of the revealed law is quite naturally the Holy Quran, the sourcebook of Islamic values (Collins 101). These elaborately developed laws for the husbands payment of the dower to his wife represent one part of his monetary obligations to the women in his family. In fact, this sum was often received by the bridegroom from his father or grandfather who, as the traditional head of the extended family, controlled all family wealth (OCallaghan142). In traditional times, not only payment of dower, but also the other extensive monetary obligations of the male for all his womenfolk were collectively born by the many male members of his close-knit family group, who often lived in the same household. Women in the family who were secluded, veiled, and restricted from most aspects of public life did not earn their own living (Mann 15). This role was traditionally reserved exclusively for the males, a role fulfilled as a point of honor. Women without an independent means of support were necessarily extensively protected through the legal maintenance obligations of their male kin (Carr 80). First of all, the founder of a waqf must have reached puberty, be of sound mind and be a free man. He must also possess unrestricted ownership and full right of disposal of his property. Secondly, the object of the endowment must be of a permanent nature and it must yield a usufruct (profit). A waqf is generally associated with real estate although movable property has also been awarded (Collins 102). Thirdly, the waqf must be made in perpetuity so that if it is established for individuals, the proceeds are allotted after their death to the poor. Fourthly, the purpose of the waqf must be pleasing to God. In addition, the ultimate purpose of a waqf must be qurbah (i.e., for the benefit of the poor). Waqfs can be made for the rich and the poor alike, or the rich and thereafter for the poor, or for the poor only. Thus, when a waqf is given in favor of the waqifs descendants, the trust is in their favor as long as a single descendant exists. When they cease to exist, the usufruct will go to the poor. Some limitation is placed on the amount of the waqifs estate dedicated in certain circumstances. If a waqf is made through a will or during death illness, the testator cannot award more than one-third of his estate without the consent of his heirs. Reforms corrected many injustices in pre-Islamic society by granting women right to which they were entitled--the right to contract their marriage, receive dower, retain possession and to control of wealth, and receive maintenance and shares in inheritance. At the same time, however, family laws were formulated to meet a womans needs in a society where her largely domestic, childbearing roles rendered her sheltered and dependent upon her father, her husband, and her close male relations. Thus, family law reflected womans dependent position as can be seen in regulations concerning witnesses, option of puberty, initiation of divorce, and rights of maintenance and inheritance (OCallaghan 187). In sum, Muslim women in medieval Spain occupied a better position than Christian women and were granted more rights and freedoms. A woman had no voice in her marriage (in its initiation or in its termination). The prevalence of marriage agreements which led to the general denial of any rights for women in marriage, divorce and inheritance provides the social context against which the life of the Prophet and the revelation of the Quran must be understood in order to see the profound social changes wrought by Islam. Islam brought a shift in the basis of the social foundation-from blood kinship to fellowship in a community of believers, from loyalty to the tribe to that of the extended family as its basic unit. A strong family meant recognition not only of male rights but of female rights as well. This realization can be seen in family law reforms in the areas of marriage, divorce and inheritance. Quranic injunctions, intended to raise womens status and equality, represented some of the most radical departures from customary law in ancient Arabia. Classical family law as finally formulated was the product of Quranic reform and customary practice. Another barrier to marriage in the category of family relationship involved unlawful conjunction. A Muslim must not be married at the same time to women related by consanguinity, affinity, or fosterage, as for example, two sisters or an aunt and her niece. Works Cited Carr, R. Spain: A History. Oxford University Press, USA, 2001. Collins, R. Early Medieval Spain (New Studies in Medieval History). Palgrave Macmillan; 2nd edition, 1995. Dillard, H. “Women in Reconquest Castile: The Fueros of Sepúlveda and Cuenca” in S. M. Stuard, Women in Medieval Society. University of Pennsylvania Press, 1993, pp. 71-94. Mann, V. Convivencia: Jews, Muslims, and Christians in Medieval Spain. George Braziller, 2007. O’Callaghan, J.F. Reconquest and Crusade in Medieval Spain (The Middle Ages Series). University of Pennsylvania Press, 2004. Quran Manuscripts. Retrieved 02 February 2009 from http://www.usna.edu/Users/humss/bwheeler/quran/quran_index.html Read More