They maintain that in the matter of rights...

They maintain that in the matter of rights, Islam gives a clear preference to man, and that is why it has given all these concessions to him. If we like we can put their argument into a logical form thus: Had Islam considered woman to be a full human being, it would have accorded her rights similar and equal to those of man; but as it has not done so, it does not consider her to be a full human being. EQUALITY OR SIMILARITY?

This argument is based on the ground that human dignity being common to man and woman, they both must enjoy the same rights. In this connection, the point worth considering is whether on the basis of human dignity they both should have equal rights without any discrimination, or should have the same rights irrespective of their different roles in life. No doubt, human dignity being common to them, they both should have equal rights. But how about the similarity of their rights?

If, instead of blindly following the Western ideas, we allow ourselves some independent thinking, the first question which comes to mind is whether equality of rights does really mean their similarity also. In fact, they are two different beings. Equality means a condition of being equal in degree and value, whereas similarity means uniformity. It is possible that a father may distribute his wealth among his three children equally, but not uniformly.

Suppose his wealth consists of several items such as a commercial store, some agricultural land and some property, which has been leased out. He, taking into consideration their respective tastes and aptitudes, gives the store to one, the agricultural land to another and the leased property to the third. He takes care that what he gives to each of them should be of fair value, and at the same time should suit their aptitude. Thus he distributes his wealth equally, but not uniformly.

Quantity is different from quality, and equality is different from uniformity. Islam does not believe in uniformity between man and woman. But at the same time it does not give preferential treatment to men, in the matter of rights. It has observed the principle of equality between man and woman, but it is opposed to the uniformity of their rights. Equality is a charming word, for it implies a sense of indiscrimination. A particular sanctity is attached to it.

It evokes respect, especially when it is associated with rights. What a beautiful and sacred construction 'equality of rights' is!