Support from Islamic sources

• Surah an-Nisa 4:34, which states that 'Men are the protectors and maintainers (qawwamuna) of women', because 'they support (anfaqu) them from their means', is often cited as alleging men's superiority over women. However, Surah an-Nisa 4:34 does not state a 'superiority' of men over women, rather it explains a 'responsibility' of a man for sustaining the family if he is the one who has the means to do so. When both spouses share the financial responsibilities, their situation in relation to the fulfilment of the family needs is one of joint responsibility.
   
• The Qur'an introduced numerous reforms to existing cultural practices relating to financial provisions for women, including allowing women to keep their own property and given women shares of inheritance. This was the beginning of a trajectory of reform that, carried forward 1400 years later to match the time and context, should lead to equality between men and women in financial matters.
   
• The Prophet's (s.a.w.) first wife, Khadija, was a successful, independent businesswoman. The Prophet supported his wife's business activities, showing respect for women who serve as equals in the financial aspects of a marriage.
   

Support from universal human rights standards

• Article 16(1)(c) of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) states that men and women should have 'The same rights and responsibilities during marriage and at its dissolution'.
   
• CEDAW requires States to ensure that men and women have 'The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property'; (article 16(1)(h)). Both spouses should have rights and responsibilities based on substantive equality, so that the woman has shared rights to property despite the fact she has less access to financial resources. The property should be considered to be jointly owned and managed during the marriage, thus should be divided upon dissolution of marriage in a manner that offers substantive equality to the husband and wife.
   
• The CEDAW Committee, in relation to article 16(1)(h), has stated, 'The right to own, manage, enjoy and dispose of property is central to a woman's right to enjoy financial independence, and in many countries will be critical to her ability to earn a livelihood and to provide adequate housing and nutrition for herself and for her family. ... [A]ny law or custom that grants men a right to a greater share of property at the end of a marriage ... is discriminatory and will have a serious impact on a woman's practical ability to divorce her husband, to support herself or her family and to live in dignity as an independent person.'
   
• The CEDAW Committee has emphasised the importance of recognising both financial and non-financial contributions to a marriage. In general recommendation number 21, the Committee stipulated, 'In some countries, on division of marital property, greater emphasis is placed on financial contributions to property acquired during a marriage, and other contributions, such as raising children, caring for elderly relatives and discharging household duties are diminished. Often, such contributions of a non-financial nature by the wife enable the husband to earn an income and increase the assets. Financial and non-financial contributions should be accorded the same weight.'
   
• In the Putrajaya Declaration, the countries of the Non-Aligned Movement committed themselves to '[e]nsure that women's contribution in the unpaid and informal sector is quantified and duly included in the national accounting systems' (article 16(e)).

Support from national constitutions, laws and policies

• Because constitutions, laws and policies differ dramatically between countries, NGOs, activists, lawyers, academics and government officials should examine the laws and policies of their own countries to determine how to use these to promote equality in the family.

Support from social and cultural realities

• In various Muslim countries, women are increasingly better educated and employed and are contributing toward the family financially as well as in more traditional roles. However, women in the workforce also face systemic disparities in terms of how much they are paid and how quickly they are promoted, as well as discrimination regarding their abilities to perform at the top management levels. In addition, women more frequently sacrifice educational and career opportunities for the sake of a marriage. They are thus less able to fully realise their earning potential, both during the marriage and in the case of divorce. For these reasons, it constitutes substantive equality to require men to bear greater responsibilities in making financial contributions to the family.
   
• In current inheritance laws in many countries, a woman's ability to gain wealth is significantly compromised because the provisions are unequal on the basis of gender. Under the faraid distribution, men have double the share of inheritance of women. The underlying assumption and rationale for such provisions is that men have the duty and responsibility of providing for the family. This creates a cyclical argument, however: men have greater inheritance rights because they need to provide for the family; men need to provide for the family because they have greater inheritance rights.

Examples from various countries

• Singapore: Under the Administration of Muslim Law Act, the Syariah Courts may take into account a wide variety of factors in the division of matrimonial assets, including the wife's contributions to the household like domestic labour and primary responsibility for raising children. The lower courts also have the power to enforce decrees, facilitating implementation of the decision and actual recovery of assets. Where a wife of a long or relatively long marriage made no direct financial contribution in the acquisition of the matrimonial home, she will be entitled to 30-50% of the net proceeds of its sale. Where she has made financial contributions toward the purchase of the home, she is entitled to a share of the net proceeds that is higher than her financial contribution. For instance, where a woman made an approximately 40% contribution, she was awarded 70% of the net proceeds of the sale of the home. (Zulkifli B. Abu Bakar v Siti Rohani Bt. Jaafar, Appeal case No. 57 of 1996; Zaiton Bt. Hashim v Salleh Bin Jaafar, Appeal case No. 24 of 1998)
   
• Turkey: The 2001 reforms to the Civil Code stipulate that property and assets are to be divided equally upon divorce, and assign an economic value to women's previously invisible labour for the well-being of the family household.

(For more information on the laws of these and other countries, see the Women Living Under Muslim Laws handbook entitled Knowing Our Rights: Women, laws and customs in the Muslim world)