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Women’s Rights in Islam

 

Conclusion

 

Islam is the eternal divine message of Allah, the Almighty and Exalted, to all mankind, delivered by the Prophet and Messenger of Allah (). Some have believed in the Message of Islam and followed it, while others disbelieved in it or refuse to follow. Allah () declared that all human beings are dignified and honored more than other creatures of Allah, as He stated in the Glorious Qur’an:

“And indeed We have honored the children of Adam, and We have carried them on land and sea, and have provided them with lawful good things, and have preferred them above many of those whom We have created with a marked preference.” [17:70]

Allah also declared another major principle: that all men are created equal in terms of original creation. He stated in the Glorious Qur’an:

“O mankind! Be dutiful to Your Lord, Who created you from a single person (Adam), and from him (Adam) He created many men and women; and fear Allah through Whom you demand your mutual (rights), and (do not cut the relations of) the wombs (i.e. kinship). Surely, Allah is Ever an All-Watcher over you.” [4:1]

Based on the previous principles, all men and women are equal in terms of humanity and basic values, obligations and responsibilities. All men and women are created equal in the sight of Allah. Their differences in race, language, livelihood and geography etc have no relationship to increase or decrease this honor. True distinction among them is based on their God- consciousness, commitment to Islam, the revealed religion of Allah, and their level of practice and application of its principles in their own daily lives. Allah () stated this in the Glorious Qur’an when He said:

“O Mankind! We have created you from a male and a female, and made you into nations and tribes, that you may know one another. Verily, the most honorable of you in the Sight of Allah is the one who is most pious and righteous. Verily, Allah is All-Knowing, All-Aware.” [49:13]

Therefore true honor of any person in the Sight of Allah is not on the basis of color, social status, sex, race, strength, health, dignity or wealth. The only measure of distinction in the Sight of Allah is strictly on the basis of piety, faith and the performance of good deeds.

Similarly, Allah’s Prophet was also reported as saying:

 “O people, your Lord is one and your father is one. There is no superiority of an Arab over a non-Arab, or non-Arab over an Arab, nor of a red person over a black, or a black person over a red, except by piety.” [Ahmad #23536 and verified]

The teachings of Islam remove all artificial differences between men, and place them all on equal footing. One of the essential teachings of Islam, often misconstrued, abused or poorly explained, is that “a female is equal to a male in everything except where there is a distinct reality and exception.” The equalities and exceptions were the subject of this book attempted to clarify some of these misconceptions about the reality of women in Islam.

Allah (s) stated in the Glorious Qur’an:

 “The believers, men and women, are helpers, supporters, friends and protectors of one another; they enjoin (on the people) Islamic Monotheism and all that Islam orders one to do; and they forbid (people) from all forms of evil (i.e. polytheism and disbelief of all kinds, and all that Islam has forbidden); they offer their prayers perfectly, and give their charity and obey Allah and His Messenger. Allah will shower His Mercy upon them. Surely Allah is All-Mighty, All-Wise.” [9:71]

 Allah stated in the Glorious Qur’an:

“So their Lord accepted (their supplications and answered them), Never will I allow to be lost the work of any one of you, be he male or female. You are (members) one of another…” [3:195]

Allah stated in the Glorious Qur’an:

“There is a share for men and a share for women from what is left by parents and those closely related, whether the property be small or large, a legal share.” [4:7]

Based upon what has been said and elaborated upon throughout this book, one can comfortably and confidently say that a woman will never enjoy her natural honor and full rights and freedoms except under the protection of the divine and just laws of Islam. Islam designates certain duties and obligations that necessarily go hand in hand with the rights. Islam is a divine religion revealed by the Beneficent and Omniscient, as opposed to man-made laws that dictate artificial boundaries, privileges, and monopolies. Islam is everlasting and universal, for the whole of mankind, male and female, rich and poor, the ruler and ruled, and strong and weak, whether white, black, red or yellow. They are all equal in the Sight of their Creator, Allah (), who knows best what is of benefit in both this world and the hereafter.

I beseech the reader not to pass hasty judgment on Islam on the basis of what is observed in the behavior and attitude of some groups of Muslims who, unfortunately, use Islam to cover up their personal or party crimes. There are many individuals who are Muslims since they declare by their lips that “There is no god worthy of worship except Allah Alone, and Muhammad is the slave and Messenger of Allah” but, regretfully, do not perform their Islamic duties ог demonstrate sincere commitment to Islam by good moral conduct. Islam is a complete, pure religion, simple to apply in all the various circumstances. Many Muslims strive throughout their lifetime to be good and upright, seeking the pleasure of Allah in all that they do or refrain from doing. On the other hand, there are individuals who deserve to be punished in this world and in the hereafter, for their crimes. These crimes may be so heinous that they are of the level of disbelief and apostasy from Islam, or they may be of a lesser level of disobedience and neglectfulness of the wise commands and beneficial teachings of Allah (), and His Prophet (). It is understood that if someone lacks something himself, whether it is wealth or morals, he will not enable someone else to have it. This principle applies to Islam as well. For those who are keen to learn more about Islam, our advice is that they seek knowledge from those who are well known for their knowledge, understanding and practice of Islam in their own lives, whereas “non-practicing” Muslims will definitely mislead them.

Superficial knowledge of Islam is dangerous, harmful and detrimental since merely reading a few books about Islam, very possibly with unreliable sources, will not qualify a person to pass verdicts and disseminate sound knowledge about Islam. Following opinions blindly is also very dangerous and harmful. It is compulsory to seek sound knowledge about Islam, and not be tricked by those who spread false worship and practice. Allah stated in the Glorious Qur’an:

“There is no compulsion in religion. Verily, the Right Path has become distinct from the wrong path. Whoever disbelieves in the ‘Taghoot’ (what is worshipped other than Allah and pleased with the false worship) and believes in Allah, has grasped the trustworthy handhold that will never break; Allah is the All-Hearer, All-Knower.” [2:256]

والحمد لله رب العالمين وصلى اللهم على نبينا محمد وعلى آله وصحبه وسلم

All Praise is due to Allah alone, the Lord of the Worlds And may Allah exalt the mention of His Prophet and his household and render him safe from every derogatory thing.

 

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Women’s Right to Work

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 As mentioned above, Allah created all mankind from a single male and female, and placed natural love and affection for one another in order that they cooperate to build families and relationships of families. We see in nature that Allah bestowed the male of each species with superior power and endurance in order that he may dominate in certain spheres and seek provisions and protection for the species, while the female of each species is equipped to reproduce and multiply to maintain the continuity of that species. Only the female is equipped with the necessary apparatus to bear, deliver, nurse and care for the young. The female human has been endowed with love, kindness, sympathy, care and affection in order to carry out her duties to her children with dignity. Based on this natural predisposition and delegation of responsibilities, and based on the unique qualities of the male and the female, it is only natural for man to work outside the house and earn for the sustenance of the family and for the woman to work inside the house and take care of the children and the family in general.

Considering this basic fact, Islamic law does not deprive a woman from the right to work within the limits that protect her honor and dignity. Islam permits the woman to personally conduct her business contracts and financial transactions. All such contracts and transactions are sound and valid in the view of Islamic jurisprudence. There are certain set conditions which if violated, the permission given to the woman to practice this right will be rendered void and she can be restrained from the use of her right.

The work that the women engage outside the home must not conflict with her duties and responsibilities to her husband and children. Her work must be with other women and free of intermingling in a male environment, where she comes into physical contact with men, or is confined and exposed to molestation and abuse. As the Messenger of Allah said:

“A man is not secluded with a woman, but that the Satan is the third party to them.” [Tirmidhi #1171 and verified]

And in another tradition:

A man said: “O Messenger of Allah my wife has gone out to go for Pilgrimage and I have been written to go for a military campaign.” He said: “Go and make Pilgrimage with your wife.” [Bukhari #4935 & Muslim #1341]

Lady Cook, the well-known English writer says in New Echo:

 “Men like (and prefer) the mixed environment. Thus, women are lured to something that conflicts with their human nature. The greater the co-ed. environment (between male and female), the more illegitimate children the society will have. There is the greatest disaster…”

The work that the woman performs outside her home must be, in the first place, a lawful employment or job that suits the nature and physique of the woman. She must not, for instance, be obliged to do heavy industrial jobs, and other jobs to which men are more suited to perform.

The question that poses itself here is: Why does the woman have to work in the first place? If a woman is working to earn her own living expenses, Islam has absolved her from this duty by obliging, as mentioned earlier, the male family members to take care of the entire financial needs and obligations. Thus from her birth to death, throughout the various stages of her entire life, she is not required to work to give utmost dignity and concentration to her paramount mission and duty of taking care of the home and raising the children. This honorable mission requires great sacrifices and devotion, and has the highest status.

The well-known English scholar Samuel Smiles, one of the pillars of the English renaissance says:

“The system that has required women to work in factories and industrial areas, regardless of the national wealth it brings, has destroyed the family life. It has attacked, in fact, the basic structure and foundations of the home and destroyed the essential pillars of the family. It has cut and destroyed social ties as well. Stripping the wife from her husband, and depriving children of their rights of proper, tender and maternal care, has resulted in lower moral values for the women. The real job and profession of a woman is to raise a good, sound and moral family. She is mainly required to take care of household responsibilities, home economics and other domestic needs. Work in factories has stripped the woman, as we pointed earlier, of all these responsibilities which changed the looks and the realities of the inner home. Children, as well, were often neglected and raised with no sound standards. The love and affection between husband and wife were somewhat extinguished. The woman was no longer the sought, wanted, admired and loved by man, after he got used to seeing her in the factory next to him doing the same thing he does. Woman came under many influences and pressures that changed her mentality and thinking pattern on which moral values and virtues were established.”

 In fact, the First Lady of South Africa calls for the return of woman to the home saying:

 “The most natural place for a woman is her own home. The main task and responsibility for a woman must be to care for her husband and attend to the needs of her children.” 

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Travel Without a Male Guardian

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The Prophet said:

“A woman must not travel alone without a mahram (her husband or a man with whom that woman cannot marry at all according to the Islamic Jurisprudence). No man may enter the house of a woman unless there is a mahram with her.” A man stood up and asked Allah’s Prophet: “O Messenger of Allah! My wife is going on Hajj (pilgrimage), while I want to participate in a battle, what should I do?” The Prophet of Allah said: “Go out with her.” [ Bukhari #1763]

For the protection of the person and honor of women, the Islamic rule encompassed in this tradition forbids any woman, whether she be young or old, single or married, to travel alone without (mahram) as a travel companion. This man must be of those to whom she is permanently prohibited to marry due to their close blood relationship, such as a father, a brother, an uncle, an elder son or nephew after he has reached puberty, or a husband, etc. Some people might say that this regulation restricts the freedom of the woman and her basic right of movement. The purpose of this rule is not to prevent her ravel but to free her from harm and molestation, and thus to maintain and preserve her right of dignity. Traveling entails many hardships and dangers, and since women are physically weaker than men, and moreover she may have circumstances of pregnancy, menses, nursing and childcare, or some ailments, she is in more need of help and service. Also women are generally more emotional and impressionable; they are more susceptible to unscrupulous and characterless men in search of victims.

 Anas said:

“The Prophet was on a journey and a slave named Anjasha was chanting (singing) for the camels to let them go fast (while driving). The Prophet said, “O Anjasha, drive slowly (the camels) with the glass vessels!” Abu Qilaba said, “By the glass vessels’ he meant the women (riding the camels).” [Bukhari #5857]

The phrase “delicate glassware” describes the fragileness and softness of the women’s nature, who were the riders in that caravan, easily broken or disturbed.

There are, as we all know, wicked minded, evil and violent men who lurk about and seek to take advantage of women whom they find susceptible, gullible or traveling alone. Such wicked- minded men are of course cither interested in robbery, trickery, seduction, or rape. Therefore, a woman is very much in need of someone to care for, protect and fulfill her special needs while traveling, providing her the needed security, service and attention to help her in the difficulties and ward off strangers and potential predators. The “mahram” of a woman in Islam protects and serves with utmost sincerity since this is a natural obligation on him, rewarded by Allah (). We find that many civilizations have similar rules about escorting women in travel, but often they allow other than the “mahram” to escort her since they do not differentiate between a mahram and a non-mahram in their cultures, which results in terrible stories. Therefore, and upon this line of reasoning, forbidding a woman to travel alone, and mandating a male escort who must be a “mahram,” is not in any way a humiliating restriction or insult to her abilities, but, in fact, is an honor that she is served, protected and given companionship by a male escort who has to give her preference over his personal matters and needs.

 

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Women’s Right of Inheritance

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 Allah, the Exalted, stated in the Glorious Qur’an:

 “Allah commands you as regards to your children’s (inheritance); to the male, a portion equal to that of two females.” [4:11]

Those who misunderstand Islam claim that Islam does injustice to women in terms of inheritance. They opine that it is unfair to grant the male a double to that of the female even though they are children of the same parents. Allah, the Exalted, offered a full and detailed method of women’s inheritance in the Qur’an and Sunnah, and if an unbiased student of knowledge reflects on the details, he or she will discover the fault of this opinion.

To begin with, Allah has determined all the shares of all the relatives in respect to their relationship to the deceased. As He the Most Wise said:

“There is a share for men and a share for women from what is left by parents and those nearest related, whether the property is small or large, an obligatory share.” [4:7]

 Allah has stated three types of shares for a woman’s inheritance as follows:

1. A woman will have an equal share as that of the man.
2. A woman will have an equal share to that of the man, or a little less.
3. A woman will have half the share of a man. This means that the minimum of her shares is half, and considering that a female has no continual financial responsibilities as a child, sister, wife or mother, and these responsibilities are always on the men of the family, this is very generous indeed.

Those who are interested in the details about this subject should review the discussions in books about the special branch of Islamic knowledge called “The science of inheritance and division of the estate”. These books deal with all the different ways of dividing an inheritance, and the proper share of all relatives according to the Qur’an and Sunnah. Prior to passing any judgment about “unfair treatment of Islam to women in terms of inheritance”, one must examine this subject closely.

 In contrast to all the other societies, Islamic Jurisprudence stipulates the rules and regulations about all the affairs of a man, from big to small, to bring harmony to their lives. Just like a person has specific instructions for how to live and use his money in his lifetime, his wealth after his death is dealt with the same way. Unlike other social systems, a person can generally do with his wealth in his life however he wants but his will has certain restrictions according to the Islamic Law. Through his will he can only give 1/3 of his wealth to whoever he wants, all the rest is distributed according to the law of inheritance derived from the Qur’an.

In the famous tradition; the companion Sa’d ibn Abi Waqqas was ill and requested to bequest the majority of his wealth as charity, or a half of it since he was wealthy and only had one daughter. The Messenger of Allah forbade him and only allowed him to give a third, and said:

“A third and a third is a lot, and it is better that you leave your heirs wealthy rather than leave them needy begging from the people. You will not spend anything seeking Allah’s countenance but you receive a reward for that expenditure, even the morsel of food you put into your wife’s mouth.” [ Bukhari #2591 & Muslim #1628]

An important point to note is that in many civilizations, man- made laws of inheritance are at the whim of a powerful individual; to give or deprive, as one will, however unjustly. Moreover, in these societies often there is no law that obligates a man with financial responsibilities and relieves the women from them. On the other hand, according to Islam, a male is required to take care of the entire financial needs of the female dependents of the family until they are married. From the time a female marries, her financial responsibilities are her husband’s obligation. After the death of the husband, the son or other male relative is obliged to care for the widow.

Therefore, demanding a “fair”, “just” or “equal” share of inheritance for both male and female Muslims, who do not have equal financial obligations and responsibilities, is an unfair and unjust demand. It is only fair and just to give preference to a male heir, in light of his financial responsibilities, over the female heir from the inheritance of the father, mother or others. Considering all this, the fact that a female is still entitled by the Islamic law to a half share of the portion of inheritance received by the male, and sometimes an equal share, is indeed fair, just, and generous.

Gustave Le Bon says in his book Arab Civilization:

“The principles of inheritance which have been determined in the Qur’an have a great deal of justice and fairness. The person who reads the Qur’an can perceive these concepts of justice and fairness in terms of inheritance through the verses I quoted. I should also point out the great level of efficiency in terms of general laws and rules derived from these verses. I have compared British, French and Islamic Laws of inheritance and found that Islam grants the wives the right of inheritance, which our laws are lacking while Westerners consider them to be ill-treated by the Muslim men.”

Also, in accordance with Islam, the men of the family shoulder all expenses resulting from payment of “blood-money”, and this is another subject of concern that we will discuss now.

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Testimony of Women

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Allah, the Exalted, stated in the Glorious Qur’an:

 “And get two witnesses out of your own men. And if there are not two men (available), then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs, the other can remind her.” [2:282]

Allah clarifies to assure the rights of others that testimonies will not be valid unless two men, or one man and two women offer them.

Divine wisdom has granted women, in general, very sensitive emotions, tender feelings, and a predisposition towards care and love of other members of the family. This makes a woman capable of her natural task of childbearing, nursing, taking care of all the needs of the young child, etc. Based on these emotional characteristics of the woman, she might very well follow her emotional inclinations and swerve from harsh realities due to an emotional involvement in a case. A woman’s loving and kind feelings might overcome what she has witnessed, and thus she may distort the story of her witness and testimony. At the same time the biological changes that occur in her body due to menses, pregnancy, child-birth and post- natal conditions reduce the sharpness of her memory and may make her forget the details of the issue. Therefore, a divine precautionary measure was established to eliminate any shortcoming on a woman’s part in any case of testimony. We would like to point out here one of the essential principles of the legal and judicial system in Islam, which states that the case is not valid for proceedings if a doubt arises in the case. Therefore, the strength of two female witnesses is intended to eliminate this doubt.

Besides testimony that involves other people’s rights, Islam has granted women full financial freedom in terms of independence and financial decision-making, and made her exactly equal to men in that regard. However, woman’s natural role in life, in raising children and caring for the family requires her to stay in the home for longer and extended periods in comparison to men, thus limiting her knowledge and experience to the affairs she stays involved in most of her life.

It is a false accusation to say that making the testimonies and witnesses of two women equal to one man in certain cases is an insult to the woman’s intelligence and a dishonor to her integrity. If that were the case, a single woman’s testimony would, likewise, not be acceptable in the other affairs of women. Islamic jurisprudence accepts a woman’s testimony in all affairs that are private like in confirming the virginity of a woman, delivery of a child, clarification of female sexual defects, and other matters that mandate examination due to a dispute. At the same time, it must be remembered that Islamic law rejects a man’s lone testimony in the least significant financial matters such as lending or borrowing funds and other transactions, since there must be two. The critically serious cases, wherein a woman’s testimony must be doubled, is established in order to preserve and prove the rights of individuals in the society based on the reliability and irrefutability of that testimony.

Note that testimony in the Islamic law in itself is not a privilege but a burden that many attempt to avoid, and for this reason Allah commanded people to offer their testimonies and not to seek to escape or withhold it. Allah stated in the Glorious Qur’an:

“And the witnesses should not refuse when they are called on (for evidence).” [2:28]

The address here is general for both male and female. Many people all over the world try to avoid becoming a witness, and attempt to escape involvement in offering testimonies, because one is required to go to the court, sit on the witness stand, take an oath to tell the truth, be cross-examined and many other burdens. Financial and physical burdens or threats may result from being a witness and offering testimony. Islam therefore aims at eliminating many of these burdens from the woman, unless she has a partner who witnesses as she does, in matters involving many forms of testimony.

A man’s single testimony is not acceptable in financial matters, since there must be two male witnesses to prove the financial right of a claimant, or one man and two women. We have never heard that anyone considered this requirement an insult to man’s intelligence or contrary to his rights. This proves that the requirement is for the protection against false accusations and mistakes.

 There are some cases when the testimony of each is totally equal. For instance, the testimony of a wife is exactly equal to the testimony of her husband when a husband accuses his wife of committing adultery and he has no evidence to prove his claim. Allah stated in the Glorious Qur’an:

“As for those who accuse their wives, but have no witnesses except themselves, let them present their testimony four times, that by Allah he is one of those who speak the truth. By the fifth (testimony, he invokes) the Curse of Allah on himself, if he is of those who tell a lie (against her). She will avert the punishment (of stoning to death) from her if she bears witness four times by Allah, that he (her husband) is telling a lie. And the fifth (testimony) should be that the Wrath of Allah be upon her if he (her husband) is speaking the truth.” [24:6-9]

 

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Power to Divorce is with the Husband

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In pre-Islamic times divorce was a weapon used against the woman solely in a man’s hands; when he wanted to harm the wife he would seek to divorce her and then take her back as he pleased. There were no set rules and the woman had no rights in the matter. So Allah invalidated this injustice by revealing the verse which says:

“Divorce is two times: then one may retain with goodness (and reasonable terms), or let go with goodness (and reasonable terms).” [2:229]

As a way to help preserve the marriage even when some differences occur, a Muslim man following the Sunnah (way)of the Prophet  may only divorce his wife while she is clean from menses wherein he has not had sexual relations with her in that month. Since this requires some waiting period before the pronouncement of divorce, this allows time for any anger to subside or misunderstandings to be cleared up, and gives time to other family members or mediators to help in reconciliation. If they continue on the path towards divorce, then she must wait three menstrual periods. During this time, he may “take her back” honorably into marriage. This will be counted as the first divorce and return. If the time lapses and he lets her go her way, she will be fully divorced for the first time, and is free to marry another man. Her first husband may remarry her with a new contract, if they both choose that option. If he does, and he then again divorces her, he may “take her back” her within the three menstrual periods, and this will be two divorces and returns. After two divorces and returns, if he divorces her a third time this is called the final and separating divorce wherein they are not allowed to remarry unless she waits the specified time of three menstrual cycles and then freely marries a different man with no intention of availing herself to this means in order to be able to lawfully marry her previous husband. If, for any reason, she becomes divorced from that man, only then, and on the condition that no shady pre-arranged dealings were made to circumvent this rule, can she re-marry her first husband. All these measures are designed to help protect the family and sanctity of the marriage bond, and the rights of the man and the woman. The waiting period is to determine that she is free from pregnancy. In case of pregnancy, the woman has to wait until after delivery before she marries a second husband.

Divorce is ultimately allowed in Islam to escape from any harm caused by the irreconcilable differences. It may become necessary in certain cases. There are strict rules about divorce to protect the interests and rights of the parties involved: the husband, wife and children. Some of them have been mentioned above.

Divorce might be forbidden in the case where it would not solve the problem and cause undue harm to one of the two marriage partners, without achieving a needed benefit.

Islamic jurisprudence obligates that in order to avoid divorce, solutions should be sought when critical disputes and differences occur between husband and wife; Allah, the Exalted, states in the Glorious Qur’an:

“And if a woman fears cruelty or desertion from her husband, there is no sin on both of them if they make terms of peace between themselves; and making peace is better.” [4:128]

Allah, the Exalted, also says:

“If you fear a breach between them appoint two arbitrators, one from his family and the other from her family: if the two of them both wish for correction, Allah will cause their reconciliation. Indeed, Allah is Omniscient and Well-Acquainted with all things.” [4:35]

One of the most natural and logical ways to help maintain a successful marriage is to let the man have more control over the divorce process than the woman because it is the man who is financially obliged to take care of his wife, household and family, and has ultimate responsibility of their welfare. Therefore, he must rationally assess the situation, grave consequences, and huge financial and emotional loss that will result from a divorce. The husband will lose the dowry he spent for the marriage, and will have to pay the alimony and child support, as well as any newly acquired expenses from a new marriage on top of that. Thus, with all these considerations, he will not act just out of quick anger, fickleness or passing emotion.

A man is more capable at least theoretically of controlling his flitting emotions and personal reactions when upset about the smaller issues in life, especially in terms of disputes with his wife. Divorce should never be a quick reaction for some suffering, misunderstandings, or differences of viewpoints, but only as a last resort and final solution when life becomes dangerously problematic and intolerable, wherein both spouse are afraid that they will not be able to abide by the limits set by Allah and His Prophet about respectable behavior with one another.

Islamic jurisprudence permits the wife to have her marriage nullified upon her request if the husband abuses her physically or verbally. She is also entitled to have the marriage nullified for the following general reasons:

1. a) if the husband is impotent and cannot perform his marital duties.
2. b) or if the husband for any reason, refuses to have sexual relations with his wife and fulfill her lawful needs.
3. c) or is afflicted with a disabling terminal illness after the marriage.
4. d) or contracts any type of venereal or reproductive disease that may harm the wife or make her lose her desire to be with her husband. Thus, we see that the woman is given the right to seek separation from her husband for legitimate reasons in many situations, exactly as the man has the right to seek divorce. If a wife reaches the extreme limits of patience and abhors her husband, feeling that life is unbearable, then she has the right to divorce. This form of divorce is called annulment, or “Khul’a”, wherein she pays compensation by returning her dowry or some other property. A competent Muslim judge will look into the individual case if the husband refuses to accept the wife’s request and if the request is considered sound and valid, will pass a judgment in favor of the woman.

 

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On Honor Killings

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In some traditional and tribal custom based societies, custom gives the male such a dominant role that if the honor of his womenfolk are perceived, even without proper verification, to have been violated by an action of promiscuity on her part, the man kills her to protect his honor. This situation has been hyped up in the media because some unscrupulous people who continue to do this and others who allow it to continue.

The answer to this is simple. To begin with, people are not allowed to take the law into their own hands and punish in this manner based on unverified accusations of promiscuity, as the rules of testimony in Islam are very strict. Therefore, this is a direct violation of the Islamic law. If the court assesses the case as an outright premeditated murder, after considering all circumstances and receiving proofs conclusively, it becomes punishable by the Islamic law of equity and retribution in cases of premeditated murder. The unfortunate reality is that because secular laws are in place in these countries, and because politicians appease tribal and other leaders for political advantages, these unjust customs are allowed to continue. If the Islamic laws were established and executed, the severe punishments for fornication, adultery, murder, etc, would satisfy the Muslim population; that justice has been done, and this would curtail the sense of vengeance that one needs to have recourse to.

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On Hijab (covering head)

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 This issue has been sensationalized in the media, especially in some secular countries like France and Turkey which seek to make illegal the wearing of the Muslim headscarf or face veil in public places. We will not delve into all the details of the issue but, given the information above and some additional information below, we will let the readers judge for themselves whether or not the modest clothing and covering of the beauty and adornments of women, mandated in Islamic scriptures, is only for her own honor and protection, or not.

Allah says:

 “O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (and/or veils) over their bodies. That is better that they should be known so as not to be annoyed and molested. Allah is Ever Oft- Forgiving, Most Merciful.” [33:59]

This verse clearly states that the reason the woman is obligated to cover herself is to distinguish her to be identified as a respectable Muslim lady, to avoid the annoying glances and glares of the men. As we all know, provocative clothing urges some men to make advances, and expose women to molestation. This may be encouraged and marketed in some societies, but not among the respectable faithful Muslims.

All protective measures should be taken to guard women from excess temptation, which are explained in Islamic jurisprudence. Some of them are related to the women’s attire like loose fitting body wrapping, head covering, and according to the authentic interpretations of the scriptures of the Qur’an and Sunnah, the face veil.

Allah also said:

 “And tell the believing women to lower their gaze and guard their private parts and not display their adornment (and beauty), except that which appears thereof (ordinarily) and to draw their coverings over their chests and not display their adornment except to their husbands, their fathers, their husband’s fathers, their sons, their husband’s sons, their brothers, their brothers’ sons, their sisters’ sons, their women, that which their right hands possess (their slaves) or those male attendants having no physical desire, or children who are not yet aware of the private aspects of women. And let them not stomp their feet to make known what they conceal of their adornments. And turn to Allah in repentance, all of you, O believers that you might succeed.”[24:31]

This verse indicates those males who are categorized as “mahram,” as mentioned above, and designates that men and women should lower their gazes in modesty, which is the best self-protection from natural temptations and mutual attractions that occur between the opposite sexes.

And Allah says, indicating the provocative manners with which the women of pre-Islamic era used to walk about, and calling the believers to appropriate behavior and repentance:

“And stay in your houses, and do not display yourselves like that of the times of ignorance, and establish regular prayers and give obligatory charity and obey Allah and His Messenger. Allah wishes only to remove impurity from you, O members of the family (of the Prophet), and to purify you with a thorough purification. And remember (O you the members of the Prophet’s family, the Graces of your Lord), that which is recited in your houses of the Verses of Allah and Wisdom (i.e. Prophet’s Sunnah ). Verily, Allah is Ever Most Courteous, Well-Acquainted with all things. Verily, the Muslims men and women, the believing men and women, the obedient men and women, the truthful men and women, the patient men and women, the humble men and women, the charitable men and women, the fasting men and the women, the chaste men and women, and the men and the women who remember Allah much with their hearts and tongues; Allah has prepared for them forgiveness and a great reward (i.e. Paradise). It is not for a believing man or woman, when Allah and His Messenger have decreed a matter, that they should have any option in their decision. And whoever disobeys Allah and His Messenger, he has indeed strayed in a clear error.” [33:33- 6]

We can see that Islamic regulations, although similar to many other cultures where modest dress and behavior is concerned, are yet unique to the highest standards of the Muslim identity of chastity, righteousness, and moral uprightness. Islam protects and safeguards the individuals and the society from awkward situations of unnecessary intermingling between marriageable males and females leading to natural temptations.

The Messenger of Allah said in an authentic tradition:

 “Verily for every religion there is a characteristic, and the characteristic of Islam is Hayaa (modesty, shyness, bashfulness).” [Ibn Maajah #4172 and verified]

REFERENCE:

Book: “Women in Islam & Refutation of some common Misconceptions”
by Dr. Abdur Rahman bin Abdul Kareem Al- Sheha

Translated by: Abu Salman Deya ud-Deen Eberle.