Right of Women in The Family Law A Zakir Naik Pers

Jurnal A peer-reviewed journal published by Faculty Sharia and Law,
Hukum Islam Universitas Islam Negeri KH Abdurrahman Wahid Pekalongan, Indonesia.

The title has been indexed by DOAJ, SINTA, GARUDA, MORAREF.
ISSN 1829-7382 (Print) 2502-7719 (Online)
Right of Women in the Family Law: A

Zakir Naik Perspective
Abdul Manaf
Institut Agama Islam Negeri Langsa, Indonesia
[email protected]
Abstract
Zakir Naik is a phenomenal muslim preacher who also gives his thoughts on
women's rights. According to Zakir Naik, women actually have an equal
position with men even though the implementation varies. This paper is
classified as literature research with a qualitative approach. This research
method is content analysis of Zakir Naik's book about women in Islam. The
data was collected thematically by referring to the analysis of Zakir Naik's
primary book. The results of the study concluded that women have the right
to choose or accept their partners. Women also have the right to divorce
their husbands if they are polygamous and it is stipulated in a marriage
contract. Regarding the rights as a wife, women should not be treated as
slaves who take care of housework, women must be treated properly and
with respect. As a mother, a woman deserves higher respect than a fathers.
In the economic realm, women may work but they are not obliged to give
part of their assets to their husbands. However, women have the option to
help their husbands if the husbands are unable to meet the economic needs
of the family. In the realm of politics and leadership, women may serve as
parliament members or government advisors, but Zakir Naik does not agree
if women become presidents or prime ministers of a country.
KEYWORDS Zakir Naik, Women's Rights, Family Law
Copyrights © Author(s). This work is licensed under a Creative Commons

Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0). All
writings published in this journal are personal views of the author and do not represent
the views of this journal and the author’s affiliated institutions.
208 ABDUL MANAF
Abstrak
Zakir Naik merupakan salah seorang pendakwah fenomenal yang turut

memberikan pemikirannya terkait hak perempuan. Menurut Zakir Naik,
sejatinya perempuan memiliki kedudukan yang setara dengan pria
meskipun dalam implementasinya bervariatif. Tulisan ini tergolong
penelitian pustaka dengan pendekatan kualitatif. Metode penelitian ini
adalah konten analisis terhadap buku Zakir Naik tentang perempuan dalam
Islam. Pengumpulan data dilakukan secara tematik dengan merujuk pada
analisis buku primer Zakir Naik. Hasil penelitian menyimpulkan bahwa
perempuan memiliki hak dalam memilih atau menerima pasangannya.
Perempuan juga berhak mentalak atau menceraikan suaminya jika
berpoligami bila ada membuat kontrak dalam akad dikahnya. Terkait hak
sebagai istri perempuan tidak boleh diberlakukan sebagai budak yang
mengurusi pekerjaan rumah saja, perempuan harus dilakukan secara layak
dan terhormat. Sebagai seorang ibu, perempuan berhak memperoleh
penghargaan dan penghormatan lebih tinggi dari seorang ayah. Pada ranah
ekonomi, perempuan boleh bekerja namun tidak wajib memberikan
sebagian harta kepada suaminya. Meski begitu perempuan memiliki pilihan
untuk membantu suaminya jika suami tidak mampu memenuhi kebutuhan
ekonomi keluarga. Pada ranah politik dan kepemimpinan, perempuan
boleh menjabat sebagai DPR atau penasehat pemerintah, namun Zakir Naik
tidak setuju jika perempuan menjadi presiden atau perdana menteri suatu
negara.
KATA KUNCI Zakir Naik, Hak Perempuan, Keluarga Islam
Introduction
One of the core teachings of Islam examines the similarities between
fellow human beings, whether based on the dimensions of gender, nation,
ethnicity, or descent. The privilege between them is not in their outward
approach, but the spiritual dimension in the context of piety (best devotions
to Allah Almighty). Many verses and hadiths outline that men and women
are equal as fellow human beings, especially for those who are religious 1.
1
Christopher Koch and Saeid Barzegarkouchaksaraei, “International Journal of Multicultural and
Multireligious Understanding Movement of Female ’ s Rights in the World,” International Journal
of Multicultural and Multireligious Understanding 2, no. 6 (2015): 26–32.
Available online at https://e-journal.iainpekalongan.ac.id/index.php/jhi/index

JURNAL HUKUM ISLAM 20 (2) (2022) 207-228 209
Almost all literature, even in non-Muslim history also says that Adam
is the ancestor of mankind. When Adam lived in heaven, his heart felt lonely
because there was no partner. Then Allah Almighty created Siti Hawa as the
first woman from his rib 2. The ribs are functioning to protect the vital parts
of humans, one of which is the heart or liver which is located on the left. The
philosophy of the creation of women has its own wisdom, one of which is as
a protector of men from crucial problems.
Women are endowed with their own uniqueness and advantages.
Besides having a very important role in a paradigm of life, especially family
3. Furthermore, the development of the times made the condition of women
increasingly appear and exist. Women do not have to stay at home, but they
can also be equal with men in general to work, having a career, or taking
part in organizations 4. In addition, how women divide their roles. Either as
wives and mothers in a family, or as a staff or leader in their work
environment. The intelligence of women in dividing their roles and
responsibilities is very urgent in order to build a family as Islam has
outlined.
Zakir Naik is one of the phenomenal muslim preachers who
contributed his thoughts on the rights and obligations of women in Islam 5.
One of his works that focuses on studying women is his book entitled; “Right
of Women in Islam, Modern or Outdated?" This book tries to examine how
the actual rules against women at the time of the Prophet Muhammad were
related to the present. Is the rule something worth implementing or is it
outdated.
2
Nur Syamsiah, “Women in Gender 2009” 9, no. 2 (2016): 344–65.
3
Eko Saputra and Busyro, “Kawin Maupah: An Obligation to Get Married after Talak Tiga in the
Tradition of Binjai Village in Pasaman District a Maqâsid Al- Sharî’ah Review,” Qudus
International Journal of Islamic Studies 6, no. 2 (2018): 181–219,
https://doi.org/10.21043/qijis.v6i2.3738.
4
Sutapa Saryal, “Women’s Rights in India: Problems and Prospects,” International Research
Journal of Social Sciences 3, no. 7 (2014): 49.
5
Saftani Ridwan, “Ketertarikan Terhadap Islam ( Studi Kasus Muallaf Yang Memeluk Islam
Dalam Acara Dakwah Dr . Zakir Naik Di Makassar ),” Jurnal Sulesna 11, no. 1 (2017): 1–18.

210 ABDUL MANAF
Polygamy, for example, was a natural thing to do in classical Islam.

However, when compared to the current reality, polygamy often faces
challenges, especially from women who claim the importance of gender
equality. Moreover, non-Muslims also often raise the discourse that
polygamy is a form of injustice in Islamic teachings. For Western teachings,
marriage is only allowed once and can only be married again when his wife
has died. According to Western thinkers, Islamic teachings in the past are
no longer ideally implemented in modern times. 6.
Likewise with politics, nowadays, Islam tends to limit the role of
women in the political arena. This is evident from the lack of political actors
or leaders of Muslim countries from women. The same thing also happened
in Indonesia, in terms of quantity, the applicable regulations show that the
percentage of political seats either as parliament members or as Minister is
dominated by men 7. This is the question, did all of this happen because of
the condition of women who are not interested or unable, or precisely
because they are only required to live life as housewives?
In the distribution of inheritance, women get a smaller share than
men. This is also often debated in the modern era considering that women
also already exist to work 8. In contrast to the reality of women in the past,
they were only at home to look after children and serve their husbands.
Modern women are more active outside the home, they work and earn
income to eat and drink for the family. According to the West, the division
of Islamic heritage is also obsolete when implemented at this time 9.
Responding to all phenomena above, especially the notion that Islamic
teachings are no longer suitable for facing modernity, Zakir Naik has a
6
Maziah Mustapha and Mohd Abbas Abdul Razak, “A Critical Appraisal of Zakir Naik’s Islamic
Evangelism,” International Journal of Islamic Thought 15, no. June (2019): 71–83,
https://doi.org/10.24035/ijit.15.2019.007.
7
Dhia Al Uyun, “Women ’ s Rights in Indonesian Constitution,” International Journal of Humanities
and Social Science 4, no. 8 (2014): 74–84.
8
Edith González-bernal, “The Art of Interpreting God ’ s Action in the Theology of Three
Medieval Mystic Women,” 2021, 1–5.
9
Back Ground Azaan, By Brother, and Yusuf Islam, “Womens ’ Rights in Islam – Modernising or
Outdated ? – Part 1” 1 (n.d.): 1–32.

different view. According to Zakir Naik, Western thoughts are irrelevant if

applied in the modern era. Both the provisions for polygamy, working
women, women's inheritance, and so forth.
Methods
This paper is a qualitative-based literature research. The method

used is content analysis of Zakir Naik's thoughts. The content analysis
directs the writers to do the following things. First, to interpret the work of
Zakir Naik which contains women's rights in Islam. Second, grouping
themes about women based on main sub-headings such as; women's
position, education, work, career, and even women's political rights. Third,
mapping the concept and narrating in detail and systematic so that it is not
too broad from the study of Islamic family law.
The primary book in this research is Zakir Naik's own writing; “Right
of Women in Islam, Modern or Outdated" published by Adam Publishers in
2009. Most Common Questions Asked by Non-Muslims published by
Dakwah Corner Book Store in 2012. Zakir Naik Answer to Non-Musims
Common Questions About Islam, translated by Nur Cholis with the title;
Debat Islam Versus Non-Islam (Islamic Versus Non-Islamic Debate)
published by Aqwam Publishers in 2016. Mereka Bertanya Islam
Menjawab (They Ask; Islam Answers), Translated by Nur Cholis, and
Sawerdi M Amin Hasibuan, 2016. The Qur'an & Modern Science:
Compatible or Incompatible, published by Createspace Independent Pub in
Year 2014.
Zakir Naik’s Profile and His Views on

Islamic Family Law
Zakir Naik was originally a doctor in India who was born on October
18, 1965. He graduated from a postgraduate medical field in Mumbai and

212 ABDUL MANAF
became a doctor in the city of Mumbai as well. Zakir Naik chose the job as a
doctor because he considered that the profession was very noble and saved
many people. In the next phase, Zakir Naik experienced a conversion of
thoughts. Zakir Naik realized that there were jobs that are more beneficial
to many people than his previous job, namely as a muslim preacher 10.
Zakir Naik himself openly explained that the figure who most
influenced his thoughts was Ahmed Deedat. An expert in comparative
religion from Surat, India who worked as a muslim preacher, lecturer, and
writer. Ahmed Deedat is known as a Muslim missionary, holding numerous
interfaith public debates with biblical Christians, as well as video lectures
on Islam, Christianity, and the Bible. Deedat founded IPCI, an international
Islamic missionary organization, and wrote several widely distributed books
on Islam and Christianity. He was awarded the King Faisal International
Prize in 1986 during his fifty years of work as an Islamic missionary. In
addition, he also wrote and lectured in English 11.
From the biography above, it can be seen that there is a similar
pattern between Zakir Naik and his teacher, Ahmed Deedat. Starting from
the public debate on comparative religion, the establishment of an Islamic
organization (IRF), books and models of da'wah (delivering speech on
Islam) videos, and they received almost the same award from the King of
Saudi Arabia. The difference was only a matter of generation, if Ahmet
Deedat received it from King Faisal, while Zakir Naik received it from King
Salman. This explains that the pattern of thought, da'wah method, and
other supporting elements used by Zakir Naik, was almost entirely
influenced by Ahmed Deedat as his own teacher.
10
Syefriyeni Syefriyeni, “Nalar Zakir Abdul Karim Naik (Perspektif Aliran-Aliran Filsafat),” Intizar
24, no. 1 (1970): 141–60, https://doi.org/10.19109/intizar.v24i1.2183.
11
Rio Septian, “Pengaruh Tulisan Ernest Prakasa Mengenai Dr Zakir Naik Di Twitter Terhadap
Citra Ernest Prakasa Di Desa Bojonggede,” Jurnal Komunikasi 10, no. 2 (2019): 176–83,
https://doi.org/10.31294/jkom.v10i2.6386.

A Discourse of Women's Rights in the

Family: A Zakir Naik’s Perspective
Zakir Naik read a lot about Islamic discourse, such as issues of monotheism,
fiqh, morality, comparative religion, Islamic law, Islamic economics, and so
forth. Regarding women, Zakir Naik also studied it extensively, starting
from the history of women who were expelled from heaven (Siti Hawa),
women in perspective of non-Muslims, women's human rights, women in
worship practices, social activities, and many more.
1. Right to Choose a Partner

According to Zakir Naik, marriage is considered a misaq which
means a sacred agreement, or a sacred contract. In Surah An-Nisa verse 19
it is explained; "You are forbidden to inherit women against their will." In
other words, to get married there must be the willingness of men and
women. It is obligatory for both (male and female) to agree to marry. Not
only one side, not even the father, may not force their daughters to marry
on the basis of their wishes 12.
In Bukhari's sahih Hadith, volume 7, chapter 43, number 69
explains; There was a woman who was forced to marry by her father. Then
he came to the Prophet and the Prophet canceled her marriage. In the
Hadith of Ibn Hanbal No. 2469 also explained that there was a woman who
was married to a partner she did not want to 13. The woman came to the
Prophet, the Prophet then allowed marriage if the woman agreed to accept
her partner, otherwise the woman may cancel the marriage that her father
wanted. It explains that Islam gives women the right to choose their partner.
12
Fatiam Tamim Alkhodari and Hadina Habil, “Analysis of Zakir Naik’s Persuasion Discourse,”
International Journal of Engineering and Advanced Technology 8, no. 5 (2019): 1242–46,
https://doi.org/10.35940/ijeat.E1177.0585C19.
13
Mir Mohammad Azad and Syeda Shajia Sharmin, “Laws of Muslim Marriage from the Concept
of the Holy Qur’an,” International Journal of Engineering and Applied Sciences (IJEAS), no. 5
(2018): 29.

214 ABDUL MANAF
There are many virtues for women and men in marriage, one of which
is stipulated in the hadith of the Prophet that getting married is the same as
fulfilling half of the religion. This Hadith must be fully understood, the
meaning of half religion is often misunderstood by some people. They
consider that if marrying one wife is the same as fulfilling half of his religion,
it means marrying two wives (polygamy) is the same as fulfilling one full
religion 14. In fact, it is a wrong opinion, fulfilling half of religion is a
figurative form, meaning that if a person gets married, marriage will protect
him from the potential for carrying out sins, both eye sins, heart sins, mind
sins, promiscuity, LGBT, and many more. In quantity, if all types of sins are
collected, it is equivalent to half of the sins in the world.
According to Zakir Naik, marriage makes a human being a wife or
husband. Marriage makes a man becomes a father or grandfather. Marriage
makes a woman becomes a mother or grandmother. This status is important
in the provisions of family in Islam, even inheritance rights are also very
dependent on the condition and identity of the heirs after the marriage.
Therefore, it explains that no matter how many men marry (polygamy) then
he is not considered to have completed a full religion. This is closely related
to other practices that have nothing to do with marriage identity 15.
The West always associates that women are the intermediaries of
Satan, this starts from the history of the first woman in heaven who was
used by Satan to tempt Adam. As a result, the West accuses women of being
the cause of the expulsion of humans from heaven to the exclusion of their
rights 16. Zakir Naik, on the other hand, thinks that women are not the
intermediaries of the devil but a fortress to fight against the devil. It is
explained in the Qur'an that a good woman will marry a good man, women
14
Meraj Ahmad Ahmad, “The Importance of Marriage in Islam,” International Journal of Research
-GRANTHAALAYAH 6, no. 11 (2018): 1–6,
https://doi.org/10.29121/granthaalayah.v6.i11.2018.1082.
15
Mustapha and Razak, “A Critical Appraisal of Zakir Naik’s Islamic Evangelism.”
16
Judith Reesa Baskin, “Reading the Women of the Bible (Review),” Shofar: An Interdisciplinary
Journal of Jewish Studies 23, no. 2 (2005): 158–60, https://doi.org/10.1353/sho.2005.0046.

remind their husbands not to go through wrong paths. A good woman is also
a protector of her husband's lust through marriage bonds.
2. Rights as a Wife
According to Zakir Naik, a woman is often referred to as a housewife,
not as a wife of the house. Though she never married or became the mother
of a house 17. This is a satire for men who see their wives only as workers
and administrators of household. In Islam, a woman does not marry a man
to be treated like a slave 18. If a woman marries, then she is equal to her
husband. In the hadith it is explained: "The most perfect of the believers are
those who have the best morals and behavior, and those who are best for
their families and wives."
In addition, the equality of wives is often damaged by the
understanding of a few Muslims through the interpretation of Surah An-
Nisa: 34. They interpret that the husband is the leader of women, even
though the essence of the verse is not like that. Zakir Naik considers that the
word 'kawwam' does not mean 'one level higher in superiority', but actually
the word 'kawwam' is the root word of 'iqamah'. When iqamah resounds,
the congregation stands up. Based on this philosophy, Zakir Naik interprets
that this verse leads that men have a higher position in the form of
responsibility 19. Zakir Naik gave an example, if a thief enters the house, then
the husband must be responsible for being on the front line to protect his
wife and family. So, this verse is directed as a protector not as a leader.
In line with the meaning of Surah Al-Baqarah 187; "Your wives are
your clothes, and you are their clothes." Clothes are useful for protecting
and beautifying. Husband and wife, each must look after and protect each
other's disgrace, and they must beautify each other, like the relationship
17
M. Ma’ruf, “Konsep Mewujudkan Keseimbang Hidup Manusia Dalam Sistem Pendidikan Islam,”
Jurnal Al-Makrifat 4, no. 2 (2019): 123–37.
18
Azaan, Brother, and Islam, “Womens ’ Rights in Islam – Modernising or Outdated ? – Part 1.”
19
Alkhodari and Habil, “Analysis of Zakir Naik’s Persuasion Discourse.”

216 ABDUL MANAF
between hands and gloves. Even if the husband is not happy with his wife,
he must not be bad. In Surah An-Nisa verse 19 it is explained; "Treat your
wife with justice and kindness even though you don't like her. You may not
like something, but Allah does what's best for you." 20
3. Rights as a mother
Zakir Naik explained that the greatest right of women is to receive
respect and attention from their children. According to Zakir Naik, 75% of
love and respect goes to the mother, and 25% goes to the father 21. Three-
quarters of the love and respect is given to the mother, while the rest is given
to the father. By analogy, the gold medal is given to the mother, the silver
medal is given to the mother, the bronze medal is given to the mother and
the father must be satisfied with the consolation prize 22.
Any form that leads to respect for the mother, is worship to Allah
Almighty. It is stated in Surah Al-Isra: 24 that a child is told to be kind to
his mother and father. Islam recommends that, even if there are parents
who reach old age, it is not permissible to say a word that insults or expels
them, but instead honors them with respect, and speaks to them politely,
and is humble and prays to Allah Almighty that parents be blessed and
loved 23. The right of a mother to be respected is also found in Surah An-
Nisa verse 1, Al-An-Am verse 151, Lukman verse 14, Al-Ahqaf verse 15 and
other verses. Some verses about the command to respect mothers are always
juxtaposed with the services and struggles of mothers in giving birth and
caring for their children.
20
RI Depag, “Alquran Pdf Terjemahan,” Al-Qur’an Terjemahan, 2007, 1–1100.
21
Minggusta Juliadarma, “Konsep Pendidikan Islam Dalam Kitab Fathul Baari,” EL Bidayah:
Journal of Islamic Elementary Education 1, no. 1 (2019): 111–32,
https://doi.org/10.33367/jiee.v1i1.741.
22
Ridwan, “Ketertarikan Terhadap Islam ( Studi Kasus Muallaf Yang Memeluk Islam Dalam Acara
Dakwah Dr . Zakir Naik Di Makassar ).”
23
Sariya Cheruvallil-Contractor, “Motherhood as Constructed by Us: Muslim Women’s
Negotiations from a Space That Is Their Own,” Religion and Gender 6, no. 1 (2016): 9–28,
https://doi.org/10.18352/rg.10126.

4. Children’s Rights
Zakir Naik informed that children in Islamic law do not emphasize
the differences between men and women. Both must be loved and loved by
their parents. This is certainly different from the reality of the Jahiliyah era,
where girls were considered a disgrace and could be killed based on the
customary rules of that period 24. History records that the Prophet once saw
a father who sat his son on his thigh, while his daughter did not. The Prophet
immediately reminded him, that if the boy was seated on the right thigh,
then the girl had to be seated on the left thigh. The Prophet did not allow if
daughters were not treated fairly even in the context of affection 25.
Another example, Islam does not view girls as second graders.
Parents should not expect a son so much that they curse if they are given a
daughter. The Prophet also gave an example that raising two daughters
sincerely until they are adults, will be very close to the Prophet in heaven
someday. The Prophet gave an example by placing the middle finger and
index finger together as a sign of that closeness. That is, educating girls does
not embarrass the family, even becomes an intercessor as promised by the
Messenger of Allah.
5. Wife's Right to Divorce Husband

Zakir Naik believes that women have the right to refuse polygamy by
their husbands. The refusal can be done by making a contract or agreement
on the marriage contract which reads that the husband must ask the wife's
permission if he is polygamous. Therefore, the solution given to women who
refuse their husbands to remarry, is to make an agreement in the marriage
contract 26. The agreement makes husbands who want to practice polygamy
24
Mursalim, “Doa Dalam Perspektif Al-Qur’an,” Jurnal Al- Ulum 11 (2011): 63–78.
25
26
Azaan, Brother, and Islam.

218 ABDUL MANAF
must ask for permission from their wives. If proven not to do so, then the
wife in this situation has the right to divorce her husband.
Polygamy itself is essentially in the provisions of Islamic family law
as a solution. However, its implementation is often misinterpreted by
women. Therefore, women have negative assumptions about Islamic
teachings. According to Zakir Naik, Islam does not specifically require that
the wife's permission is a condition for the husband to marry another
woman 27. The condition is to be fair, even though the wife's willingness is
an important aspect so that the relationship between wives will run
harmoniously. So, it is clearly stated that a man is not obliged to ask his
wife's permission in the case of polygamy unless there is an agreement in
the marriage contract which says; "I don't want you to marry again, as long
as I am still your wife."
6. Right to Continue Education

According to Zakir Naik, girls have the opportunity to attend
education as experienced by boys. Parents are obliged to provide education
or teach their children whether they are girls or not. When women are
married and live with their husbands, Zakir Naik explains that Islam does
not deprive her of the right to education. Even though she is a wife, she may
ask for knowledge or education from her husband. If the husband is unable
to teach her, then the husband is obliged to seek and pay for the services of
a teacher in fulfilling his wife's education 28.
When associated with today's era, women may continue their
education even though they have married and become a wife. The husband
should not use marriage as an excuse to stop his wife's education 29. If in the
past the wife was financed by her parents, when she was married, the cost
27
Lawal Mohammed Bani and Hamza A Pate, “The Role of Spouses under Islamic Family Law,”
International Affairs and Global Strategy 37, no. 2 (2015): 104–11.
28
Syefriyeni, “Nalar Zakir Abdul Karim Naik (Perspektif Aliran-Aliran Filsafat).”
29
Ummu Salamah Ali, “Peradaban Islam Madinah (Refleksi Terhadap Primordialisme Suku Auz
Dan Khazraj),” Kalimah 15, no. 2 (2017): 191, https://doi.org/10.21111/klm.v15i2.1495.

of education became the burden or responsibility of the husband. It is the

importance of education in Islam according to Zakir Naik's thoughts.
In addition, the family is the embryo of a child's early education. A
mother or father is a child's first teacher, both in understanding the
vocabulary and the insights given in the journey of a child's golden age. An
intelligent mother will communicate with the child even since the child is in
the womb. Mothers who are smart in education will give good words and
avoid bad words in front of children. This greatly affects the development of
the child's brain and becomes the character of his thinking towards
adulthood 30.
Likewise with the father's role, although the early childhood phases
require more of the mother's role, over time a father's figure is also needed
in children's education. The character of the mother, which is generally
feminist and gentle, will not be complete without a father who is firm and
rational. The completeness of verbal education media from father and
mother makes children have complete mental insight, so that they are
psychologically better prepared to enter the stage of higher education 31.
Women’s Role: A Discourse in Islamic

perspective
In Surah At-Taubah verse 71 it is explained that men and women are

managers and supporters of each other. The word 'auliya' in the verse
means 'supporter' and 'manager'. They are supporters and defenders of each
other. In short, they are each other's brother and sister, and vice versa. The
Prophet Muhammad explained that women are 'shakat' which means sister.
It also means half, because man has been divided into two parts (male and
female).
30
Mohammad Azad and Shajia Sharmin, “Laws of Muslim Marriage from the Concept of the Holy
Qur’an.”
31
Fatih Harpci, “’Ā’isha, Mother of the Faithful: The Prototype of Muslim Women Ulama,” Al-
Jami’ah 53, no. 1 (2015): 159–79, https://doi.org/10.14421/ajis.2015.531.159-179.

220 ABDUL MANAF
1. The Role of Women in Social

Talking socially, women take part in phenomena in the field,
especially in modern times like nowadays. Zakir Naik considers that the
social role of women is a manifestation of their figures when they are outside
the family environment. In other words, how women can position
themselves properly as elements of the family in public. For a mother, for
example, her status in the family must be in line with community
assessments. If a mother is indifferent or cruel to her child, automatically
the social view of her will be bad 32.
Therefore, the role of women is very important in responding to
community assessments. Either when she is a mother, as a wife, or as a
child. For example, if there is a woman in an Islamic family who comes home
late at night without being with her muhrim (husband or sibling), then
society's view of her will be bad 33. On the other hand, when a woman is able
to maintain her honor and obligations as a woman, the feedback will get
appreciation from the community.
In addition, women as wives are a medium for husband's
consideration in society. When the husband is lazy to participate in social
activities in the village, the wife will remind that it will make the family look
bad by the community. Likewise, when the husband's anger explodes for his
neighbor, the wife will calm and advise him to be patient in society. The wife
makes her husband cool again and his emotions are controlled, otherwise
the harmony in social life will be damaged from within 34.
On the other hand, women can also be the cause of the breakdown of
social relations. A woman who likes to take someone's husband, for
32
Septian, “Pengaruh Tulisan Ernest Prakasa Mengenai Dr Zakir Naik Di Twitter Terhadap Citra
Ernest Prakasa Di Desa Bojonggede.”
33
Ahmad Muttaqin, “Women’s Identity in the Digital Islam Age: Social Media, New Religious
Authority, and Gender Bias,” Qudus International Journal of Islamic Studies 8, no. 2 (2020): 353–
88, https://doi.org/10.21043/qijis.v8i2.7095.
34
Baskin, “Reading the Women of the Bible (Review).”

example, will be branded by the community as a 'pelakor' and a destroyer

of other people's households. Women who do not understand their nature
as women can also have a bad impact on the social conditions of the family.
The case of LGBT, for example, will embarrass the family and make the
public view bad on them.
2. The Position of Women in the Economy

Talking about the economy, it will not be separated from work, it
means that if we talk about this dimension, it will have relevance to the
phenomenon of women working to earn financially 35. Zakir Naik believes
that women have the right to be involved in the economic sphere, this is in
line with the current reality where women are increasingly existing in the
world of work. However, Zakir Naik restricts women from working. One of
them is that women who work must be separated from the environment of
men who are not muhrim (husbands or sibling) 36.
For Zakir Naik, if a woman wants to work, she must choose a work
environment that separates male and female employees. If not, then it is
forbidden for women to work in such an environment. Likewise in the field
of work, women are not allowed to work by exposing their forbidden part of
the body. Such as dressing sexy or being an advertising model 37. Likewise,
if you work as a flight attendant, Zakir Naik forbids women to work with
these conditions. The reason is, because the job can disqualify women.
According to Zakir Naik, a good job for women is sewing, selling flowers,
selling culinary arts, and other things as long as they do not conflict with
Islamic principles.
During working hours, Zakir Naik believes that women are not
obliged to work because it is already done by their husbands. However,
35
Zarit Burden Interview, “Caregiver Burden and Associated Factors amongst Carers of Women
with Advanced Breast Cancer Attending a Radiation Oncology Clinic in Nigeria,” 2021, 1–8.
36
37
Ridwan, “Ketertarikan Terhadap Islam ( Studi Kasus Muallaf Yang Memeluk Islam Dalam Acara
Dakwah Dr . Zakir Naik Di Makassar ).”

222 ABDUL MANAF
Zakir Naik believes that women have the option to work if they feel it can
help the family economy. When earning income, women are not obliged to
share it with their husbands. She can use it for her own benefit without
sharing. On the other hand, for the women who work, they can share it to
their husbands on their wishes, not an obligation.
3. The Position of Women in Politics

Talking about women's political rights, it cannot be separated from
the duties and responsibilities of women in having a family. In other words,
when discussing women's politics, they will intersect with the family
dimension because women are an important element in a family, namely as
a mother or wife in their home. However, Zakir Naik believes that there is
no special prohibition for women to participate in the political stage. Even
Islam allows women to take part in the battlefield only when necessary. On
the condition that they must also maintain their hijabs and Islamic ethics,
and their modesty. The clearest example is at the time of the Prophet era,
where there were several women involved in war, one of which was Siti Aisya
who became the leader in the Jamal war 38.
When referring to the Qur'an, Zakir Naik takes the example of Surah
At-Taubah verse 71 which means that men and women support each other.
Zakir Naik interprets the word 'support' in this verse as political support.
This means that women can make their choice over male candidates. On the
other hand, men may support their choice in choosing a leader candidate
from women 39. This is further strengthened when referring to Surah Al-
Mumtahanah verse 60; “'O Prophet when women come to you to take bai'at
(oath of allegiance)...” According to Zakir Naik, 'bai'at' means more than our
modern election model. Because of the Prophet Muhammad, he was not
38
39
Akhlaq Ahmad et al., “Women in Democracy : The Political Participation of Women
Perempuan Dalam Demokrasi : Partisipasi Politik Perempuan,” Masyarakat, Kebudayaan, Dan
Politik 32, no. 2 (2019): 114–22.

only a messenger of Allah, but he was also the head of state. The women
came to meet the Prophet, then they agreed if the Prophet became the head
of the state. So Islam gave women the right to choose.
Apart from being involved as voters in politics, Zakir Naik also allows
women to be involved as legislators. That means, in Islamic law, women are
allowed to become parliament members as an institution in charge of
drafting laws in modern times 40. Zakir Naik gave an example of this
incident at the time of the companions, namely when Umar bin Khattab
became caliph. At that time, because it was difficult for young people to get
married, Umar planned to limit the maximum terms of the dowry. Hearing
that, a woman at the back of the line said; "You can give some of your
wealth, or some of gold as a dowry. When the Qur'an does not put a limit
on the dowry, who is Umar who dares to set the limit? (May Allah be
pleased with him).”
Consequently, Umar admitted he was wrong, and the woman was
right. Shadow, she was an ordinary woman. If she was a famous woman, her
name would definitely be listed in the text of the hadith. When there is a
hadith that does not mention the name of a woman, it can be understood
that the woman is an ordinary woman. It shows that women have the right
to be involved in the formulation of laws even though they are from ordinary
social classes.
4. The Role of Women as Leaders

According to Zakir Naik, there is no text in the Qur’an that prohibits
women from becoming leaders in a country. In several hadiths, for example
a hadith that states; "Societies led by women, will not achieve success." One
historian said that “This only refers to a specific (certain) time, to which this
hadith relates, specifically to a time when Persia was ruled by a queen. Other
40
Tauffiqu Ahamad and Anil Kumar Mishra, “Legal Status and Rights of Women in Indian
Constitution,” International Journal of Advanced Research and Development 1, no. January (2016):
33, https://doi.org/10.13140/RG.2.1.5089.8962.

224 ABDUL MANAF
scholars say, the hadith does not refer to all times. If it is analyzed, if a
woman becomes a leader in a country, then she may have to lead
congregational prayers 41.
This shows that women are not prohibited from being leaders.
However, Zakir Naik does not agree if women become leaders at the
national level, either it as a president or a prime minister of a country.
According to Zakir Naik, there are many reasons why women are better not
becoming heads of state. Firstly, formal meeting. If women become heads
of state in modern society as nowadays, they have to hold meetings with
other heads of state many times in closed rooms, in which no one else is
allowed 42. If a woman has a meeting in a closed door with another man,
Islam does not allow her to do that. Islam does not allow a woman alone
with her non-mahram (nor husband or sibling), with a foreign man in a
closed room.
Secondly, a head of state often receives more than publicity through
shooting video by photographer, and she often involves intimacy with other
heads of state, and with other men. Therefore, she can store photos of
various heads of state. If a woman becomes head of state, there will be many
photos of her shaking hands with other men. Islam does not allow Muslim
women to do that 43. Thirdly, menstruation. According to Zakir Naik, the
condition of women during menstruation is unstable and disturbs women's
mood. If a head of state is a woman, menstruation can interfere with making
important decisions.
Fourthly, the condition of pregnancy and childbirth. In particular,
the head of state is a very important figure. A woman is given the gift of
being a mother. A woman, she may be pregnant, and she definitely needs to
41
42
Cheruvallil-Contractor, “Motherhood as Constructed by Us: Muslim Women’s Negotiations
from a Space That Is Their Own.”
43
Koch and Barzegarkouchaksaraei, “International Journal of Multicultural and Multireligious
Understanding Movement of Female ’ s Rights in the World.”

rest for a few months. If so, the state will be empty 44. Likewise, at the time
of the birth of a child, women become the first educators who are very
important in the demands of Islam 45. More practical, for a man who can do
both tasks; as a father, and also a head of state, compared to a woman that
she has to perform the duties of a mother as well as the head of the State.
Zakir Naik does not agree if women become leaders of a country, but
that does not mean that women cannot take part in making decisions
{formulation of laws} 46. As Zakir Naik mentioned above, women have the
right to vote, they have the right to take part in the making of laws. For
example, during the treaty of Hudaibia, Umm Salamah supported and
guided the Prophet, at a time when the entire Muslim community was
disturbed, she guided and supported him. As we know, even though the
Prime Minister or the President is the head of State, his advisors and
secretaries are often the ones who make decisions, and some of them are
women. That means, a woman can help a man as an advisor to the head of
state.
Conclusion
One of Zakir Naik's works that focuses on studying women is his book
entitled Right of Women in Islam; Modern or Outdated. This book shows
and presents how Islam which existed for the first time at the time of the
Prophet Muhammad is still worthy of being applied in modern times. The
rules and provisions outlined by Islamic teachings do not conflict with
modern benefits, instead modern civilization seems like the Jahiliyah era if
it does not follow Islamic guidelines. Talking about women's rights in
Islamic family law, according to Zakir Naik, women are not in the same
condition but have equal degrees. There is nothing in Islam that men are
44
Shandré K. Jansen van Rensburg, “Doing Gender Well: Women’s Perceptions on Gender
Equality and Career Progression in the South African Security Industry,” SA Journal of Industrial
Psychology 47 (2021): 1–9, https://doi.org/10.4102/sajip.v47i0.1815.
45
Syamsiah, “Women in Gender 2009.”
46
Alkhodari and Habil, “Analysis of Zakir Naik’s Persuasion Discourse.”

226 ABDUL MANAF
superior to women or vice versa. The best human indicator before Allah
Almighty is not based on gender, but who among them has the highest
charity and piety to Allah Almighty. Zakir Naik discusses a lot about the
rights of women in Islamic families, whether it is the right to choose the
desired marriage partner, the right to be respected as a mother, the right to
be treated fairly as a daughter, the right to divorce her husband when
making a contract in her marriage contract, the right to continue education
and many more. Likewise in terms of the position of women in Islam,
women play a vital role in social life. Women are an aspect of other people's
assessment of the reality of their household. The position of women is also
important in the economy, although women do not have to earn a living,
women have the option to help their husbands if they feel that their
husbands are unable to provide the needs for the family. In the political
context, women have the same rights as men. Women can be elected to be
parliament members or run for the parliament members. However, Zakir
Naik does not agree if women become presidents or prime ministers.
According to Zakir Naik, it is easier and ideal for a man to become the head
of state as a father, compared to a woman who is a mother in the family.
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***
DECLARATION OF CONFLICTING INTERESTS

The authors state that there is no conflict of nterest in the publication of this
article.
FUNDING INFORMATION
None
ACKNOWLEDGMENT
The authors thank to the anonymous reviewer of this article for their valuable
comment and feedbacks.
HISTORY OF ARTICLE
Submitted : February 18, 2022
Revised : April 15, 2022
Accepted : May 21, 2022
Published : June 23, 2022

Right of Women in The Family Law A Zakir Naik Pers

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Jurnal A peer-reviewed journal published by Faculty Sharia and Law,

Hukum Islam Universitas Islam Negeri KH Abdurrahman Wahid Pekalongan, Indonesia.

Right of Women in the Family Law: A

KEYWORDS Zakir Naik, Women's Rights, Family Law

Copyrights © Author(s). This work is licensed under a Creative Commons

Zakir Naik merupakan salah seorang pendakwah fenomenal yang turut

KATA KUNCI Zakir Naik, Hak Perempuan, Keluarga Islam

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Polygamy, for example, was a natural thing to do in classical Islam.

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different view. According to Zakir Naik, Western thoughts are irrelevant if

This paper is a qualitative-based literature research. The method

Zakir Naik’s Profile and His Views on

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A Discourse of Women's Rights in the

1. Right to Choose a Partner

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5. Wife's Right to Divorce Husband

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6. Right to Continue Education

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of education became the burden or responsibility of the husband. It is the

Women’s Role: A Discourse in Islamic

In Surah At-Taubah verse 71 it is explained that men and women are

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1. The Role of Women in Social

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example, will be branded by the community as a 'pelakor' and a destroyer

2. The Position of Women in the Economy

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3. The Position of Women in Politics

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4. The Role of Women as Leaders

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Media, New Religious Authority, and Gender Bias.” Qudus

DECLARATION OF CONFLICTING INTERESTS

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