Tuesday, April 19, 2022

Women's Right in Islamic Perspective (1)

"The Shaykh said, 'The Muslim accepts that the main purpose behind the creation of Jinn and Mankind was that they should worship Allah, struggle against the forces of Satan and live their life according to Allah' s Commandments, in order to achieve eternal bliss in Paradise. Therefore, in this spiritual regard, Islam makes no distinction between Men and Women. Both have a soul, both were created for the same purpose in life, both have a duty to fulfill their religious obligations, both will be judged by the AllMighty, and both will be rewarded or punished according to their individual actions. Whenever the Quran mentions those fortunate beings, who will enter the Gardens of Bliss, because of—by the Mercy of Allah—their piety and good deeds, it mentions Men and Women together.'" the Moon started her talk, after saying Basmalah and Salaam. "Then, the Shaykh carried on, 'Allah says,
وَالْمُؤْمِنُوْنَ وَالْمُؤْمِنٰتُ بَعْضُهُمْ اَوْلِيَاۤءُ بَعْضٍۘ يَأْمُرُوْنَ بِالْمَعْرُوْفِ وَيَنْهَوْنَ عَنِ الْمُنْكَرِ وَيُقِيْمُوْنَ الصَّلٰوةَ وَيُؤْتُوْنَ الزَّكٰوةَ وَيُطِيْعُوْنَ اللّٰهَ وَرَسُوْلَهٗ ۗاُولٰۤىِٕكَ سَيَرْحَمُهُمُ اللّٰهُ ۗاِنَّ اللّٰهَ عَزِيْزٌ حَكِيْمٌ
'The believers, men and women, are Auliyā ' (helpers, supporters, friends, protectors) of one another; they enjoin (on the people) Al-Ma'rüf (i.e., Islamic Monotheism and all that Islam orders one to do), and forbid (people) from Al-Munkar (i.e., polytheism and disbelief of all kinds, and all that Islam has forbidden); they offer their prayers perfectly (Iqįmat-as-Salat), and give the Zakat, and obey Allah and His Messenger. Allah will have His Mercy on them. Surely, Allah is All-Mighty, All-Wise.' [QS. At-Tawbah (9):71]
And He, Subhanahu wa Ta'ala, also says,
وَمَنْ يَّعْمَلْ مِنَ الصّٰلِحٰتِ مِنْ ذَكَرٍ اَوْ اُنْثٰى وَهُوَ مُؤْمِنٌ فَاُولٰۤىِٕكَ يَدْخُلُوْنَ الْجَنَّةَ وَلَا يُظْلَمُوْنَ نَقِيْرًا
'And whoever does righteous good deeds, Male or Female, and is a (true) believer (Muslim)], such will enter Paradise and not the least injustice, even to the size of a Naqira (speck on the back of a date stone), will be done to them.' [QS. An-Nisa' (4):124]
There can thus be no doubt that in the Hereafter, men and women will both be judged, each individual bearing the burden of its own acts, each soul will be punished for its transgressions and each will be rewarded for its obedience to Allah.

One may well ask that if there is such a complete and comprehensive spiritual equality between the two sexes, why is this identical treatment, not found in other rights, duties and privileges. Muslims and especially non-Muslims, question why men go out to work while women are encouraged to stay at home, why women have to wear the Hijāb (veil), why a brother receives a larger share of inheritance than his sister, why a man can be a ruler but a woman can not, etc., and they then conclude that Islam treats women as inferior beings.
Laws can never be discussed without being explained first, so we must first consider the fundamental Islamic ethos that men and women are two different, yet complementary sexes. It is an established medical fact that men and women have different biological compositions and temperaments. Allah the All-Mighty created and knows this biological difference better than we do, and has thus assigned to men and women the roles that each excels in due to its nature. Neither gender is inferior or superior to the other; instead they complement each other like the two halves of a whole. In everyday life we see that society consists of many different kinds of people, all of whom play their particular roles to keep society intact. The farmer and the doctor make different contributions to the society, but both are equally important. Each excels in his own field, and each provides a service for the other. Similarly, men and women are different sexes and play vital roles in their own areas of excellence.

In Islamic perspective, Women have a glorius station, our Beloved (ﷺ), gave examples when speak to women, with praise and respect. He (ﷺ) also said, 'Shall I not inform you about the best treasure a man can have? It is a virtuous woman who pleases him when he looks at her, who obeys him when he commands her, and who guards herself when he is absent from her.'
In a famous incident, a man came to the Prophet (ﷺ) and asked, 'who is the person who has the greatest right on me with regards to kindness and attention?' He (ﷺ) replied, 'Your mother!' three times.
The Qur'an also discusses the immense honor and respect due to both parents, and especially to mother. In the days when it was a custom to cherish the birth of male children and to bury the female children alive because of shame and poverty, the Prophet (ﷺ) has said, 'Whoever looks after two girls till they reach maturity, he and I will enter Paradise together like these two (fingers).'

While men are the physically stronger sex, the woman's biological make-up has made her excel as the homemaker. She alone can be impregnated, carry and deliver the child, and then suckle the baby. Her gentle, caring and selfsacrificing temperament is best suited to bringing up children and looking after the home. To say that she should also earn a living is an unacceptable injustice and implies that everything she does for her home and children is worthless and needs to be supplemented by an outside cover. A woman already has to play in society, a great and noble role as mother of a new generation, a role for which no man can claim the honors. It is because of her supreme role as mother, that she is entitled to three times the devotion given to the father from the children.
The roles of men and women in the Quran are dealt as,
اَلرِّجَالُ قَوَّامُوْنَ عَلَى النِّسَاۤءِ بِمَا فَضَّلَ اللّٰهُ بَعْضَهُمْ عَلٰى بَعْضٍ وَّبِمَآ اَنْفَقُوْا مِنْ اَمْوَالِهِمْ ۗ فَالصّٰلِحٰتُ قٰنِتٰتٌ حٰفِظٰتٌ لِّلْغَيْبِ بِمَا حَفِظَ اللّٰهُ ۗ
'Men are the protectors and maintainers of women, because Allah has made the one of them to excel the other, and because they spend from their means. Therefore, the righteous women are devoutly obedient, and guard in the husband's absence what Allah orders them to guard ....' [QS. An-Nisa' (4):34]
The explanation, is like this, that this Divine injunction describes the man as Qawwam (maintainer) and the woman as Qanitah (obedient) and Hafizatun lil-Ghaib (preserver of the secret). The Verse gives two reasons as to why men are described as maintainers. Firstly, because 'Allah has made the one of them to excel the other,' which means that He has excelled men to be physically stronger and more inclined to have a career outside the home. The history of mankind, has always shown that men, from the most primitive to the most technologically minded, have assumed the role of providing food, maintaining law and order in the community, waging war against enemies, and going on expeditions in search of new lands, adventure, food and even hidden treasure. The women have primarily stayed at home to provide a stable environment for the children.
The second reason is that 'they spend from their means.' It is the man's duty to provide financially for his family, and it is also the man who is required to give a dower to his wife at the time of their marriage. In the castle of his home, the husband is the ruler and the wife is his pillar of support. As in any establishment, there can only be one ruler; a car with two drivers, a country with two kings or an army with two generals would all be in utter chaos and disarray. The husband has thus been put in charge of his home, but this is a responsibility and not a privilege.
The different roles of the sexes, means that never is one sex burdened with all the duties, while the other enjoys all the privileges. Instead, they both have individual duties and privileges. The Quran says in this regard,
وَلَهُنَّ مِثْلُ الَّذِيْ عَلَيْهِنَّ بِالْمَعْرُوْفِۖ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ ۗ وَاللّٰهُ عَزِيْزٌ حَكِيْمٌ ࣖ
' ... And they (women) have rights similar over them to what is reasonable, but men have a degree over them. And Allah is All-Mighty, All-Wise.' [QS. Al-Baqarah (2):228]
The Shaykh, paused for a moment, then said, 'Now, let's talk about some issues in which Men and Women are treated alike, or Women are treated favorably. The following, are some issues, which carry little or no controversy.

In the field of Education, our Beloved (ﷺ) once said, 'Acquiring knowledge is compulsory for every Muslim.'
This narration applies equally to men and women. 'Knowledge' in this context, refers primarily to knowledge of the Quran and the Sunnah as no Muslim should be ignorant of his or her Faith, but, it also covers other areas of general education, which can contribute to the welfare of civilization. It is precisely the ignorance about their religion among Muslims that has led to men oppressing women, because they believe it is permitted, women not demanding their Godgiven rights because they are ignorant of them, and children growing up to perpetuate their parents' follies. Throughout Islamic history, men and women both earned respect as scholars and teachers of the Faith. The books of Rijal (Reporters of Hadith) contain the names of many prominent women, beginning with 'Aishah and Hafsah.

In term of worship, both men and women are the slaves of Allah and have a duty to worship and obey Him. Men and women have to pray, fast, give charity, go on pilgrimage, refrain from adultery, avoid the prohibited, enjoin the good and forbid the evil, and so on. Because of women's roles as mothers, a role which does not end at a specific time but is a roundthe-clock career, they have been exempted from attending the Mosque for the five daily prayers or for Jumu 'ah (Friday) prayer. Nevertheless, if they wish to attend the Mosque, no one has the right to stop them.

In the role of Charitable Acts, Men and Women are both encouraged to give charity, and there is nothing to stop a woman giving charity from her husband's income. 'Aishah reported that the Prophet (ﷺ) said, 'A woman will receive reward (from Allah) even when she gives charity from her husband's earnings. The husband and the treasurer (who keeps the money on the husband's behalf) will also be rewarded, without the reward of any of them decreasing."
Asma' once said to the Prophet (ﷺ), 'O Messenger of Allah, I have nothing except what Zubair (her husband) brings home.' The Prophet (ﷺ) told her, 'O Asma', give in charity. Don't lock it lest your subsistence is locked.'

And what about the right to own wealth and property? A woman has the right to keep her property or wealth, whether earned or inherited, and spend it as she may please. This right was granted to Western women only very recently, and the women of India had to wait until 1956 for a right which Muslim women have always taken for granted. Concerning the right to one's earnings, the Quran says,
وَلَا تَتَمَنَّوْا مَا فَضَّلَ اللّٰهُ بِهٖ بَعْضَكُمْ عَلٰى بَعْضٍ ۗ لِلرِّجَالِ نَصِيْبٌ مِّمَّا اكْتَسَبُوْا ۗ وَلِلنِّسَاۤءِ نَصِيْبٌ مِّمَّا اكْتَسَبْنَ ۗوَسْـَٔلُوا اللّٰهَ مِنْ فَضْلِهٖ ۗ اِنَّ اللّٰهَ كَانَ بِكُلِّ شَيْءٍ عَلِيْمًا
'And wish not for the things in which Allah has made some of you excel the others. For men there is reward for what they have earned, (and likewise) for women there is reward for what they have earned, and ask Allah of His Bounty. Surely, Allah is Ever All-Knower of everything.' [QS. An-Nisa' (4):32]
Then, what about freedom to express One's Opinion? Few societies exist in which the ordinary citizen can confront the ruler face to face and challenge his policies. Even fewer societies allow women to be so bold, yet the Islamic ideal has always been open and accessible. This freedom of expression is aptly demonstrated by a famous incident involving 'Umar the second Rightly Guided Caliph.
'Umar was once standing on the pulpit, severely reprimanding the people and ordering them not to set excessive amounts of dower at the time of marriage. A woman got up and shouted, "Umar! You have no right to intervene in a matter which Allah the All-Mighty has already decreed in the Quran,
وَاِنْ اَرَدْتُّمُ اسْتِبْدَالَ زَوْجٍ مَّكَانَ زَوْجٍۙ وَّاٰتَيْتُمْ اِحْدٰىهُنَّ قِنْطَارًا فَلَا تَأْخُذُوْا مِنْهُ شَيْـًٔا ۗ اَتَأْخُذُوْنَهٗ بُهْتَانًا وَّاِثْمًا مُّبِيْنًا
'But if you intend to replace a wife by another and you have given one of them a Qintar (It refers to a large quantity of gold and silver., i.e., a great amount as Mahr bridal money), take not the least bit of it back; would you take it wrongfully without a right and (with) a manifest sin?' [QS. An-Nisa' (4):20]
After being reminded of this Verse, 'Umar withdrew his order, saying, 'I am in the wrong and she is correct.'
Thereupon, what about women participating in the Battlefield in one of the context of Jihaad? When we talk about the Battlefield, it frightens many men, let alone women. Due to the aggressive and violent nature of war, only men have a duty to participate in Jihad (remember, this done just for Allah's Cause) while women are exempted. A woman once asked the Prophet (ﷺ) to allow women to go on Jihaad with men because of its excellence and the unlimited reward promised to Mujaahidin (Muslim fighters) in the Hereafter. The Prophet (ﷺ) replied, 'For them is a Jihaad without fighting.'—which referred to the Hajj and 'Umrah.
Nevertheless, the Prophet (ﷺ) did permit women to nurse the injured and supply provisions to the Mujaahidin at some battles. A woman from the tribe of Ghifaar came with a large group of women to the Prophet (ﷺ), when he was preparing to leave for the conquest of Khaibar. She said, 'O Allah's Messenger, we wish to accompany you on this journey so that we may nurse the injured and help the Muslims.' The Prophet (ﷺ) responded, 'Come, may Allah shower His blessings upon you!'
Umm 'Atiyyah, an Ansaari woman, once said, 'I have participated in seven battles with the Prophet (ﷺ). I used to guard the camels of the Mujaahidin in their absence, cook the food, treat the injured and care for the sick."
Mu'ādh bin Jabal reports that his cousin, Asmā' bint Yazid, killed nine Roman soldiers with a tent-pole during the battle of Yarmuk.

A Woman's Guarantee in War is acceptable. If a woman gives surety to a war-captive or gives him shelter, her guarantee will be accepted. Umm Hāni a cousin of the Prophet (ﷺ), said to him (ﷺ) after the conquest of Makkah, 'I have given shelter to two of my in-laws.' The Prophet said, 'O Umm Hāni, we have given shelter to whom you have given shelter.'
According to another narrative, Umm Hāni gave shelter to a man but her cousin 'Ali tried to kill the man. She complained to the Prophet (ﷺ) who endorsed her act of giving shelter to the man.

In addition, there are other fields of Jihaad, where women have equal role and reward as men, i.e. in the conception of 'Enjoining right and forbidding wrong.'

When it comes to choose a husband, the guardian of the girl, whether her father, brother or uncle, plays an important role in her marriage, such as finding a suitable match for her. But, under no circumstance, does this allow him to force his choice on her against her wishes? No, she is free to accept or reject his choice, or make her own choice. A woman named Khansā bint Khidām once came to the Prophet (ﷺ) and complained, 'My father has forced me to marry my cousin in order to raise his own status (in the eyes of the people).' The Prophet (ﷺ) told her that she was free to dissolve this marriage and choose whomever she wished to marry. She replied, 'I accept my father's choice, but my aim was to let the women know that fathers have no right to interfere in the marriage.'

When we talk about Divorce, it is especially painful and difficult, if the couple have had children, and awarding custody to either party involves difficulties. According to Western law, both father and mother have to prove to the Court that they are more capable of looking after the children, and this often involves maligning the other party, in order to strengthen their own claims to custody.
Islamic law has its own clear decision on this issue. Custody of young boys and girls goes to the mother. The son stays with his mother until he is about seven or nine years of age, after which he is looked after by the father. The daughter remains with her mother until she gets married. The exception is when the mother herself re-marries, in which case custody may be awarded to someone else such as the girl's grandmother or aunt. This is based on the Prophet's (ﷺ) words to the divorcee, 'Your right to custody of the child is greater as long as you do not remarry.'"
[Part 2]