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Tuesday, March 26, 2013

Dispute and Arguments bring about Enmity

In sessions, forums and dialogue,it is easy to observe people engaged
in arguments, debate and disputes that may arouse discord and
hostility. This is an evil and incurable characteristic that occupies
many people.
Dispute is Part of Man's Nature
The Noble Quran clearly states that man is naturally argumentative,
despite the evidence, arguments, proofs, clear signs and varied
examples that he sees. Allaah The Almighty Says (what means): {And We
have certainly diversified in this Quran for the people from every
[kind of] example; but man has ever been, most of anything, [prone to]
dispute.} [Quran 18:54]
Two Types of Dispute
Disputes are either disliked or laudable. They can be commendable when
they are intended to show the truth, to direct others or to call them
to it.This is what Allaah The Almighty ordered the Prophet to adopt.
Allaah The Almighty Says (what means):
{Invite to the way of your Lord with wisdom and good instruction, and
argue with themin a way that is best. Indeed, yourLord is Most Knowing
of who has strayed from His way, and He is most knowing of who is
[rightly] guided.} [Quran 16:125]
{And do not argue with the People of the Scripture except in a way
that is best, except for those who commit injustice among them, and
say, "We believe in that which has been revealed to us and revealed to
you. And our God and your God is One; and we are Muslims [in
submission] to Him."} [Quran 29:46]
In this respect the Prophet said: "Struggle against disbelievers with
your money, souls and tongues."
'Abdullaah ibn 'Abbaas debated with the Khawaarij (an extreme sect in
Islam) at the time of 'Ali ibn Abi Taalib in compliance with the
latter's order. Ibn 'Abbaas and his father, informed and educated them
beyond the excuse of ignorance and then renounced them. Consequently,
many of them renounced their religious innovations. That was an
example of a praiseworthy argument that helps to show thetruth with
corroborative evidence.
Another kind of dispute, which is the subject of our discussion,
depends on falsehood, and it has many forms:
Dispute to Conceal the Truth
Dispute may be used to suppress the light of truth and to distract
people from it. Allaah The Almighty Says (what means):
{And indeed do the devils inspire their allies [among men] to dispute
with you. And if you wereto obey them, indeed, you would be
associators [of others with Him].} [Quran 6:121]
{They disputed by [using] falsehood to [attempt to] invalidate thereby
the truth. So I seized them, and how [terrible] was My Penalty.}
[Quran 40:5]
{And among them are those who listen to you, but We have placed over
their hearts coverings, lest they understand it, and in their ears
deafness. And if they should see every sign, they will not believe in
it. Even when they come to you arguing with you, those who disbelieve
say, "This is not but legends of the former peoples."} [Quran 6:25]
Arrogance is the motivation behind this sort of dispute – the
arrogance that prevents people from accepting the truth and acting
upon it. Allaah The Almighty Says (what means): {Indeed, those who
dispute concerning the Signs of Allaah without [any] authority having
come to them - there is not within their breasts except pride,[the
extent of] which they cannotreach. So seek refuge in Allaah. Indeed,
it is He who is The Hearing, The Seeing.} [Quran 40:56]
This sort of dispute destroys, misleads, blinds and makes thosewho
practice it losers on the Day of Resurrection. Allaah The Almighty
Says (what means):
{And of the people is he who disputes about Allaah without knowledge
and follows every rebellious devil. It has been decreed for every
devil that whoever turns to him - he will misguide him and will lead
him to the punishment of the Blaze.} [Quran 22:3-4]
{And of the people is he who disputes about Allaah without knowledge
or guidance or an enlightening book [from Him], twisting his neck [in
arrogance] to mislead [people] from the wayof Allaah. For him in the
world is disgrace, and We will make him taste on the Day of
Resurrection the punishment of the Burning Fire.} [Quran 22:8-9]
Dispute in Showing One's Merit and Belittling Others
This is a great evil that few people manage to avoid. It is the habit
of many in their speaking as well as in their sessions and forums.
This sort of dispute is aroused by a person's feeling of superiority
and intelligence, and his attempts to deprecate the opinions of
others. This is a sign of deviation. The Prophet Muhammad said: "No
people have gone astray after the guidance they used to follow except
because of their engagement in disputes." Then he recited the verse
(which means): {They did not present thecomparison except for [mere]
argument. But, [in fact], they are a people prone to dispute.} [Quran
43:58] [Ibn Maajah, Al-Albaani - Hasan]
Allaah The Almighty does not like this kind of people. The Prophet
said: "The most hated person in the sight of Allaah is the most
quarrelsome one." [Al-Bukhaari]
People who build their arguments upon falsehood expose themselves to
the wrath of Allaah The Exalted. The Prophet said: "If a person
engages in a dispute based on falsehood while he knows that it is
falsehood, he incurs the wrath of Allaah on himself until he stops."
[Abu Daawood, Al-Albaani - Saheeh]
Knowing that this sort of disputeis difficult for people to avoid,
theProphet assured those who abandon it that they would thereby
receive a magnificent reward; He said: "I guarantee a palace on the
outskirts of Paradise for a man who avoids quarrelling even if he is
right." [Abu Daawood, Al-Albaani - Hasan]
These people are in grave danger,and their attitude indicates
deviation in their hearts. Allaah The Almighty Says (what means): {It
is He who has sent down to you, [O Muhammad], the Book; in it are
verses [that are] precise - they are the foundation of the Book - and
others unspecific. As for those in whose hearts is deviation [from
truth], they will follow that of it which is unspecific, seeking
discord and seeking an interpretation [suitable to them]. And no one
knows its [true] interpretation except Allaah. But those firm in
knowledge say, "We believe in it. All [of it] is from our Lord." And
no one will be reminded except those of understanding.} [Quran 2:7]
The Prophet read this verse and said to one of his wives: "O
'Aa`ishah, when you seethose who dispute concerning the Quran, be sure
that they are whom Allaah intended here; so beware of them." [Ibn
Maajah, Al-Albaani - Saheeh]
Dispute Makes People Lose Out onGood
This sort of dispute causes the loss of good. 'Ubaadah ibn As-Saamit
said, "The Prophet once came out to inform us about the [date of the]
Night of Al-Qadr. However, a quarrel took place between two Muslim
men. The Prophet said: 'I had come out to inform you about [the date
of] the Night of Al-Qadr, but due to the quarrel that occurred between
so and so, its knowledge was taken away, and maybe this is better for
you. Now, look for it in the seventh, the ninth and the fifth [of the
lastten nights of the month of Ramadhaan].'" [Al-Bukhaari]
As it leads to the loss of good and mars acts of worship, such
disputes were declared impermissible. Allaah The Almighty Says (what
means): {Pilgrimage is [during] well-known months, so whoever had made
Pilgrimage obligatory upon himself therein [by enteringthe state of
Ihraam], there is [to be for him] no sexual relations and no
disobedience and no disputing during Pilgrimage.} [Quran 2:197]
With regards to fasting, the Prophet said: "When any one of you is
fasting, he must not have sexual relations…" and the wording that is
narrated by Sa'eed ibn Mansoor reads: "…He must not dispute."
This form of dispute causes grudges and enmity among people.
Disputing for Usurping the Rightsof Others
The most evil form of all is disputing to usurp the rights of others.
The Prophet said: "I am merely a human being, and you [disputants]
come to me with your cases. Someone may present his case eloquently
and in a more convincing way than another. I give my verdict according
to what I hear. So if ever I judge [by error] and give the right of a
brother to his other[brother], then he [the latter] should not take
it, for I am givinghim only a piece of the Fire." [Al-Bukhaari]
A person from Hadhramawt and another from Kindah once came to the
Prophet . The one who came from Hadhramawt said, "O Messenger of
Allaah, this man hasappropriated a land which belonged to my father."
The one who came from Kindah said, "Theland is mine and it is in my
possession. I cultivate it and he has no right to it." The Messenger
said to the Hadhramite: "Do you have any evidence [to support you]?"
He replied in the negative. The Prophet said: "Your case is then to be
decided by his oath." The Hadhramite said, "O Messenger of Allaah, he
isa liar and cares not what he swears and has no regard for anything."
The Prophet remarked: "You have no right to demand anything from him
except that [which you stated]." The man from Kindah then set out to
take an oath. When he left the Messenger said: "If he hastaken an oath
on his property to consume it unjustly, he will certainly meet Allaah
while He is turning away from [i.e., shunning] him." [Al-Bukhaari]
The Righteous Predecessors Warned Against Dispute
As disputes that are based on falsehood or not based on evidence
result in such previously-mentioned harms, the righteous warned
against disputes and advised us to avoid them. The following are some
reported citations in this regard.
Prophet Sulaymaan (Solomon) said to one of his sons, "Avoid dispute,
for it is of little benefit, and it stirs enmity among brothers."
Ibn 'Abbaas and his father, said, "What a sinful action it is foryou
to be disputant."
Al-Awzaa'i said, "If Allaah The Almighty wants evil to befall some
people, He keeps them in continuous dispute and makes them stop doing
[good deeds]."
Muhammad ibn Husayn ibn 'Ali said, "Dispute erases one's religion and
implants enmity among people."
'Abdullaah ibn Al-Hasan ibn Al-Husayn was asked, "What do you think of
dispute?" He replied, "It spoils old friendship and severs firm
relations. It is at the very least a means of overpowering others in
argument, which is the strongestcause for the severance of relations."
Ash-Shaafi'i said, "Dispute in religion hardens hearts and causes grudges."
In the past, it was said, "Do not dispute with either a forbearing or
a foolish person - the former will overcome you and the latter will
harm you."
O Allaah, keep us away from dispute and the disputant, and help us to
be upright, and do not let our hearts deviate after You have guided
us.

What Do Scholars Say about Intermixing? - II

• Shaykh Ibn Baaz answeringthe advocates of permissiveness and
necessity of intermixing between the sexes:
In answer to the Director of San'aa' University, Abdul-'Azeez
Al-Muqaalih, who wrote an articlein As-Siyaasah newspaper in 24/7/1404
AH, calling for intermixing between the sexes ineducational
institutions, arguing that both men and women used to perform prayer
in the same mosque during the lifetime of the Prophet Shaykh Ibn Baaz
said:
There is no doubt that this call represents a serious violation of the
Islamic Sharee'ah (Islamic legislation), because the Sharee'ah does
not call for intermixing between the sexes but rather forbids it and
stresses such forbiddance. Allaah The Almighty Says (what means):
• {And abide in your houses and do not display yourselves as [was] the
display of the former times of ignorance.} [Quran 33:33]
• {O Prophet, tell your wives and your daughters and the women of the
believers to bring down over themselves [part] of their outer
garments. That is more suitable that they will be known and not be
abused. And ever is Allaah Forgiving and Merciful.} [Quran 33:58]
• {And tell the believing women to reduce [some] of their vision and
guard their private parts and not expose their adornment except that
which [necessarily] appears thereof and to wrap [a portion of] their
head covers overtheir chests and not expose their adornment except to
their husbands, their fathers, their husbands' fathers, their sons,
their husbands' sons, their brothers, their brothers' sons, their
sisters' sons, their women, that which their right hands possess, 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 stamp
their feet to make known what they conceal of their adornment. And
turn to Allaah in repentance, all of you, O believers, that you might
succeed.} [Quran 24:31]
• {And when you ask [his wives] for something, ask them from behind a
partition. That is purer for your hearts and their hearts.} [Quran
33:53]
There are many other verses in the Quran calling women to remain in
their houses for fear of temptation, as long as there is nonecessity
for them to leave the house.
It was narrated on the authority of Usaamah ibn Zayd that the Prophet
said: "I am not leaving behind me a more harmful temptation for men
thanwomen." [Al-Bukhaari and Muslim]
It was also narrated on the authority of Abu Sa'eed Al-Khudri that the
Prophet said: "The world is sweet and green (alluring); and verily,
Allaah is making you succeed each other, generation after generation
in order to see how you act. So, beware of this world and bewareof
women, for they were the firsttrial of Banu Israel." [Muslim]
It is known that when male and female students sit at the same desk,
this causes temptation, particularly when the female students do not
adhere to the Hijaab (Islamic covering). There was no intermixing
between men and women during the lifetime of the Prophet -- neither in
the mosque nor in markets; rather, rows of women were always behind
those of men. The Prophet said: "The best of the men's rows (in
prayer) is the first row and the worst is the last; and the best
ofthe woman's rows is the last andthe worst is the first." The Prophet
also used to command his Companions to wait for a while until the
women had left the mosque. He also commanded women not to walk in the
middle of the road, and used to go to the women to preach to them
after the men at the conclusion of the 'Eed prayer because they were
at a distance, unable to hear the Khutbah (sermon).
• Shaykh Ibn Baaz also said in answer to Al-Jazeerah newspaper, issued
in 15/4/1403 AH, where some writers suggested mixed education in
elementary schools:
This is a very dangerous and evil suggestion. It was narrated on the
authority of 'Abdullaah ibn 'Amr ibn Al-'Aas that the Prophet said:
"Command yourchildren to perform prayer when they are seven years old,
and beatthem for (not offering) it when they are ten, and separate
them in beds." [Abu Daawood]
The Prophet commanded us to prevent boys and girls from sharing the
same bed after the age of ten because such intermixing may lead to
immorality.
• Shaykh Ibn 'Uthaymeen was asked the following question:"I am a young
man from a rich family. I study at a mixed school and this helped me
establish shameful relationships with girls. I have committed many
sins and I want to know what I should do to get rid of my misery. Is
there repentance for me? What are the conditions of repentance?"
In his response to this question, Shaykh ibn 'Uthaymeen called upon
rulers to protect their people from the causes of evil and temptation,
particularly the Fitnah (trial) of intermixing between the sexes. In
addition tosincere intention and true determination, this can be
achieved through establishing schools, institutes, and universities
only for girls. Womenhave the right to learn just as men, but they
must be separatedfrom men.
Abu Sa'eed Al-Khudri reported, "A woman came to the Messenger of
Allaah and said, "O Messenger of Allaah! Only men benefit from your
teachings, so please devote some of your time to us; a day onwhich we
may come to you so that you may teach us about what Allaah The
Almighty has taught you." The Prophet said: "Gather on such-and-such
aday at such-and-such a place." They gathered and he went to them
and taught them what Allaah The Almighty had taught him".
[Al-Bukhaari]
This apparently proves that a special place should be dedicatedto the
education of women, sincethe Prophet did not tell them to attend with
men.
• Dr. Muhammad Ismaa'eel Al-Muqaddim said in his book 'Awdat Al-Hijaab:
The example of those who underestimate the matter of prohibited
intermixing between men and women under the pretext that they are
habituated to adherence to chastity and virtue, is that of a people
who put an amount of gunpowder near a lighted fire and then claim that
there will not be an explosion because there is a warning written on
the gunpowder that it should not burn. This is merely illusion that is
removed from reality because it contradicts the nature of things.
Those who invented intermixing are now suffering from its catastrophic
results and calling to have it cancelled.

What Do Scholars Say about Intermixing? - I

• Imaam Ash-Shaafi'i said in his book Al-Umm, "I do not like women to
be buried with men in a single grave as long as there is no necessity.
However, if this is necessary, then the man should be in front and the
woman in theback along with a separator of dust between them."
Imaam Ash-Shaafi'i hated mixing men and women even if they were dead
in the grave not feeling the presence of one another, so, what should
we say about college students who sit with the boy's thigh stuck to
his girlfriend's thigh while they are alive, with desire running in
their veins and each of them wants theother?
• Ibn Al-Qayyim said in At-Turuq Al-Hukmiyyah fi As-Syaasah Ash-Shar'iyyah:
Some Islamic jurists rightly stated that it is allowable for the ruler
(concerned authorities) to spoil the clothing of women
whoimpermissibly expose their adornment with ink or so if this is
suitable. This is considered the least financial punishment, as
theCommander of the Believers 'Umar ibn Al-Khattaab prevented women
from walking with men or intermixing with them in the roads.
Shaykh Al-Islam Ibn Taymiyyah said in Al-Fataawa (15/297),"Unlike the
man, the woman should be protected and preserved; hence, she was
specified with the command to wear the Hijaab (Islamic covering)and
refrain from showing her adornment before non-Mahram (marriageable)
men. Therefore, she, unlike the man, must abide in her house and must
abide by Hijaab, because the appearance of women without necessity
causes temptation, and men are in charge of them."
• Shaykh Ahmad Shaakir said,
Imaam Ahmad narrated on the authority of Umm Salamah that she said, "O
Messenger of Allaah, why are we not allowed to perform Jihaad (armed
struggle) like men? Why do we receive half the share of inheritance
available to males?" Thereupon, Allaah The Almighty revealed (what
means): {And do not wish for that by which Allaah has made some of you
exceed others. For men is a share of what they have earned, and for
women is a share of what they have earned. And ask Allaah of
hisbounty. Indeed Allaah is ever, of all things, knowing.} [Quran
4:32]
Shaykh Ahmad Shaakir commented on this Hadeeth (narration) saying,
"This Hadeeth refutes the allegations made by the contemporary liars
who are keen on spreading immorality among the believers to be as
immoral as the non-Muslims. They encourage women to leave their houses
to enlist in the army,where their arms and thighs are exposed and
their front and back are shown, intending, in fact, to entertain the
young soldiers whoare deprived of women in the army; in imitation of
the dissolute Jews and Westerners, may the successive curses of Allaah
be upon them until the Day of Judgment."
• Dr. Saalih ibn Fawzaan Al-Fawzaan said in his book Rulings
Pertaining to Muslim Women:
Today, the enemies of Islam - rather, the enemies of humanity,
including the disbelievers and hypocrites who have a disease in their
hearts -- are embittered by the chastity and honorable statusof the
Muslim woman under Islam.
That is because the enemies of Islam want women to serve as a tool of
destruction and a trap by which they can seduce and prey on those who
have weak faith and those who have a perverted nature, after getting
her to fulfill their frenzied desires. Allaah The Almighty Says (what
means): {Allaah wants to accept your repentance, but those who follow
[their] passions want you to digress [into] a great deviation.} [Quran
4:28]
The Muslims who have a disease in their hearts want the woman to be a
cheap commodity displayed before lascivious people. They want her to
be an object, exposed before their eyes so they can enjoy her beauty
or reach of her what is uglier than that.
That is why they endeavor to get the woman out of her house to work
side by side with men, or toserve men as a nurse in hospitals,a
stewardess on board planes, a teacher or professor in mixed schools,
an actress or singer in theaters, or a broadcaster in the mass media
where she would seduce men by her voice and beauty.
Immoral magazines have taken seductive pictures of girls as a means
for promoting and marketing themselves. Similarly, some businessmen
and companies exploit such pictures to promote their products.
These conspiracies led women to abandon their natural and true duty
inside her house, which forced husbands to hire foreign female maids
to raise their children and take care of the affairs of their
households, and this has resulted in great evil and much temptation.

The Status of Women in Islaam

from "Islam in focus"
By Hammuda Abdul-Ati, PH.D.
The status of woman in Islam constitutes no problem. The attitude of
the Qur'an and the early Muslims bear witness to the fact that woman
is, atleast, as vital to life as man himself, and that sheis not
inferior to him nor is she one of the lower species. Had it not been
for the impact of foreign cultures and alien influences, this question
would have never arisen among the Muslims. The status of woman was
taken for granted to be equal to that of man. It was a matter of
course, a matter of fact, and no one, then, considered it as a problem
at all.
In order to understand what Islam has established for woman, there is
no need to deplore her plight in the pre-Islamic era or in the modern
would of today. Islam has given woman rights and privileges which she
has never enjoyed under other religious or constitutional systems.
This can be understood when the matter is studied as a whole in a
comparative manner, rather than partially. The rights and
responsibilities of a woman are equal to those of a man but they are
not necessarily identical with them. Equality and sameness are two
quite different things. This difference is understandable because man
and woman are not identical but they are created equals. With this
distinction in mind, Thereis no problem. It is almostimpossible to
find even two identical men or women.
This distinction between equality and sameness is of paramount
importance. Equality is desirable, just, fair; but sameness is not.
People are not created identical but they are created equals. With
this distinction in mind, thereis no room to imagine that woman is
inferior to man. There is no ground to assume that she is less
important than he just because her rights are not identically the same
as his. Had her status been identical with his, she would have been
simply a duplicate of him,which she is not. The fact that Islam gives
her equalrights - but not identical -shows that it takes her into due
consideration, acknowledges her, and recognizes her independent
personality.
It is not the tone of Islam that brands woman as the product of the
devil or the seed of evil. Nor does the Qur'an place man as the
dominant lord of woman who has no choice but to surrender to his
dominance. Nor was it Islam that introduced thequestion of whether or
not woman has any soul in her. Never in the history of Islam has any
Muslim doubted the human status of woman or her possession of soul and
other fine spiritual qualities. Unlike other popular beliefs, Islam
does not blame Eve alonefor the First Sin. The Qur'an makes it very
clearthat both Adam and Eve were tempted; that they both sinned; that
God's pardon was granted to both after their repentance; and that
Godaddressed them jointly. (2:35-36;7:19, 27; 20:117-123). In fact the
Qur'an gives the impression that Adam was more to blame for that First
Sin from which emerged prejudice against woman and suspicion of her
deeds. But Islam does not justify such prejudice or suspicion because
both Adam and Eve were equally in error, and if we are to blame Eve we
should blame Adam as much or even more.
The status of woman in Islam is something unique, something
novel,something that has no similarity in any other system. If we look
to the Eastern Communist worldor to the democratic nations, we find
that woman is not really in a happy position. Her status is not
enviable. Shehas to work so hard to live, and sometimes she may be
doing the same job that a man does but her wage is less than his. She
enjoys a kind of liberty which in some cases amounts to libertinism.
To get to where she is nowadays, woman struggled hard for decades and
centuries. To gain the right of learning and the freedom of work and
earning, she had to offer painful sacrifices and give up many of her
natural rights. To establish her status as a human being possessing a
soul, she paid heavily. Yet in spite of all these costly sacrifices
and painful struggles, she hasnot acquired what Islam has established
by a Divine decree for the Muslim woman.
The rights of woman of modern times were not granted voluntarily or
out of kindness to the female. Modern woman reached her present
position by force, and not through natural processes or mutual consent
or Divine teachings. She had to force her way, and various
circumstances came to her aid. Shortage of manpower during wars,
pressure of economic needs and requirements of industrial developments
forced woman to get out of her home - to work, tolearn, to struggle
for her livelihood, to appear as an equal to man, to run her race in
the course of life side by side with him.She was forced by
circumstances and in turnshe forced herself through and acquired her
new status. Whether all women were pleased with these circumstances
being on their side, and whether they are happy and satisfied with the
results of this course is a different matter. But the fact remains
that whatever rights modern woman enjoys fall short of those of her
Muslim counterpart.
What Islam has established for woman is that which suits her nature,
gives her full security and protects her against disgraceful
circumstances and uncertain channels of life. We do not need hereto
elaborate on the statusof modern woman and the risks she runs to make
her living or establish herself. We do not even need to explore the
miseries and setbacksthat encircle her as a result of the so-called
rights of woman. Nor do we intend to manipulate the situation of many
unhappy homes which break because of the very "freedom" and"rights" of
which modernwoman is proud. Most women today exercise the right of
freedom to go out independently, to work and earn, to pretend to be
equal to man, but this, sadly enough, is at the expenseof their
families. This all known and obvious. What is not known is the status
of woman in Islam.An attempt will be made in the following passagesto
sum up the attitude of Islam with regard to woman.
Woman is recognized by Islam as a full and equal partner of man in the
procreation of humankind. He is the father; she is the mother, and
both are essential forlife. Her role is not less vital than his. By
this partnership she has an equal share in every aspect; she is
entitled to equal rights; she undertakes equal responsibilities, and
in her there are as many qualities and as much humanity as there are
in her partner. To this equalpartnership in the reproduction of human
kind God says:
O mankind! Verily We have created your from asingle (pair) of a male
and a female,m and made you into nations and tribes that you may know
each other... (Qur'an, 49:13; cf. 4:1).
She is equal to man in bearing personal and common responsibilities
and in receiving rewards for her deeds. She is acknowl-edged as an
independent personality,in possession of human qualities and worthy of
spiritual aspirations. Her human nature is neither inferior to nor
deviant from that of man. Both are members of one another. God says:
And their Lord has accepted (their prayers) and answered them
(saying): 'Never will I cause to be lost the work of any of you, be he
maleor female; you are members, one of another... (3:195; cf
9:71;33:35-36;66:19-21).
She is equal to man in the pursuit of education and knowledge. When
Islam enjoins the seekingof knowledge upon Muslims, it makes no
distinction between man and woman. Almost fourteen centuries ago,
Muhammad declared thatthe pursuit of knowledgeis incumbent on every
Muslim male and female. This declaration was veryclear and was
implemented by Muslims throughout history.
She is entitled to freedom of expression as much as man is. Her sound
opinions are takeninto consideration and cannot be disregarded just
because she happen to belong to the female sex. It is reported in the
Qur'an and history that woman not only expressed her opinion freely
but also argued and participated in serious discussions with the
Prophet himself as well as with other Muslimleaders (Qur'an, 58:1-4;
60:10-12). Besides there were occasions when Muslim women
expressedtheir views on legislative matters of public interest,and
stood in opposition to the Caliphs, who then accepted the sound
arguments of these women. A specific example took place during the
Califate of Umar Ibn al-Khattab.
Historical records show that women participated in public life with
the early Muslims, especially in times of emergencies. Women used to
accompany the Muslim armies engaged in battles to nurse the wounded,
prepare supplies, serve the warriors, and so on. Theywere not shut
behind iron bars or considered worthless creatures and deprived of
souls.
Islam grants woman equal rights to contract, to enterprise, to earn
andpossess independently. Her life, her property, herhonor are as
sacred as those of man. If she commits any offense, her penalty is no
less or morethan of man's in a similar case. If she is wronged
orharmed, she gets due compensations equal to what a man in her
position would get (2:178;4:45, 92-93).
Islam does not state theserights in a statistical formand then relax.
It has taken all measures to safeguard them and put them into practice
as integral articles of Faith. It never tolerates those who are
inclined to prejudice against womanor discrimination between man and
woman. Time and again, the Qur'an reproaches those who used to believe
woman to be inferior to man (16:57-59,62; 42:47-59; 43:15-19;
53:21-23).
Apart from recognition ofwoman as an independent human being
acknowledged as equally essential for the survival of humanity, Islam
has given her a share of inheritance. Before Islam, she was notonly
deprived of that share but was herself considered as property tobe
inherited by man. Out of that transferable property Islam made an
heir, acknowledging the inherent human qualifiesin woman. Whether she
is a wife or mother, a sister or daughter, she receives a certain
share of the deceased kin's property, a share which depends on her
degree of relationship to the deceased and the number of heirs. This
share is hers, and no one can take it away or disinherit her. Even if
the deceased wishes to deprive her by making a will to other relations
or in favor of any other cause, the Law will not allow him to do so.
Any proprietor is permitted to make his will within the limit of
one-third of his property, so he may not affect the rights of his
heirs, men and women. In the case of inheritance, the questionof
quality and sameness is fully applicable. In principle, both man and
woman are equally entitled to inherit the property of the deceased
relations but the portionsthey get may vary. In some instances man
receives two shares whereas woman gets one only. This no sign of
giving preference or supremacy to man over woman.The reasons why man
gets more in these particular instances may be classified as follows:
*.
First man, is the person solely responsible for the complete
maintenance of his wife, his family and any other needy relations.
Itis his duty by Law to assume all financial responsibilities and
maintain his dependents adequately.It is also his duty to contribute
financially toall good causes in his society. All financial burdens
are borne by him alone.
*.
Secondly, in contrast, woman has no financial responsibilities
whatsoever except very little of her personal expenses, the high
luxurious things that she likes to have. She is financially secure and
provided for. If she is a wife, her husband is theprovider; if she is
a mother, it is the son; if she is a daughter, it is the father; if
she is a sister; it is the brother, and so on. If she has no relations
on whom she can depend, then there is no question of inheritance
because there is nothing to inherit and there is no one to bequeath
anything to her. However, she will not be left to starve, maintenance
of such a woman is the responsibility of the society as a whole, the
state. She may be given aid or a job to earn her living, and whatever
money she makes will be hers. She is not responsible for the
maintenance of anybody else besides herself. If there is a manin her
position, he would still be responsible for his family and possibly
any of his relations who need his help. So, in the hardest situation
her financial responsi-bility is limited, while his is unlimited.
*.
Thirdly, when a woman gets less than a man does, she is not actually
deprived of anything that she has worked for.The property inherited is
not the result of her earning or her endeavors. It is something coming
to them from a neutral source, something addition-al or extra. It
issomething that neither man or woman struggled for. It is a sort of
aid, and any aid has to be distributed according to the urgent needs
and responsibilities especially when the distribution is regulatedby
the Law of God.
*.
Now, we have a male heir, on one side, burdened with all kinds of
financial responsibilities and liabilities. We have, on the other
side, a female heir with no financial responsibilities at all or at
most with very little of it. In between we have some property andaid
to redistribute by way of inheritance. If we deprive the female
completely, it would be unjust to her because she is related to the
deceased. Likewise, if we always give her a share equal to the man's,
it would be unjust to him. So, instead of doing injustice to either
side, Islam gives the man a larger portion of the inherited property
to help him to meet his family needs and social responsibilities. At
the same time, Islam has notforgotten her altogether, but has given
her a portion to satisfy her very personalneeds. In fact, Islam in
this respect is being more kind to her than to him. Here we can say
that when taken as a whole the rights of woman are equal to those of
man although not necessarily identical(see Qur'an, 4:11-14, 176).
In some instances of bearing witness to certain civil con-tracts, two
men are required or one man and two women. Again, this is no
indication of the woman being inferior to man. It is a measure of
securing the rights of the contracting parties, because woman as a
rule,is not so experienced in practical life as man. This lack of
experience may cause a loss to any party in a given contract. So the
Law requires that at least two women should bear witness with one man.
if a woman of the witness forgets something, the other onewould remind
her. Or if she makes an error, due to lack of experience, theother
would help to correct her. This is a precautionary measure to
guarantee honest transactions and proper dealings between people. In
fact, it gives woman a role to play in civil life and helps to
establish justice. At any rate, lack of experience in civil life does
not necessarily mean that women is inferior to manin her status. Every
human being lacks one thing or another, yet no one questions their
human status (2:282).
Woman enjoys certain privileges of which man is deprived. She is
exempt from some religious duties, i.e., prayers and fasting, in her
regular periods and at times of confinement. She is exempt from all
financial liabilities. As a mother, she enjoys more recognition and
higher honor in the sight of God (31:14-15;46:15). The Prophet
acknowledged this honor when he declared that Paradise is under the
feet of the mothers. She is entitled to three-fourths of the son's
love and kindness with one-fourth left for their father. As a wife
sheis entitled to demand of her prospective husband a suitable dowry
that willbe her own. She is entitled to complete provision and total
maintenance by the husband. She does not have to work or share with
her husband the family expenses. She is free to retain, after
marriage, whatever she possessed before it, and the husband has no
right whatsoever to any of her belongings. As a daughter or sister she
is entitled to security and provision by the father and brother
respectively. That is her privilege. If she wishes to work or be
self-supporting and participate in handling the family
responsibilities, she is quite free to do so, provided her integrity
and honor are safeguarded.
The standing of woman in prayers behind man does not indicate in any
sense that she is inferior to him. Woman, as already mentioned, is
exempt from attending congregational prayers which are obligatory on
man. But if she does attend she stands in separate lines made up of
women exclusively . This is a regulation of discipline in prayers, and
not a classification of importance. In men's rows the head of state
stands shoulder to shoulder to the pauper. Men of the highest ranks in
society stand in prayer side by side with other men of the lowest
ranks. The order of lines in prayers is introduced to help every one
to concentrate in his meditation. It is very important because Muslim
prayers are not simply chanting or the sing-a-song type. They involve
actions, motions, standing, bowing, prostration, etc. So if men mix
with women in the same lines, it is possible that something disturbing
or distracting may happen. The mind will become occupied by something
alien to prayer and derailed fromthe clear path of mediation. The
result willbe a loss of the purpose of prayers, besides an offense of
adultery committed by the eye, because the eye-by looking at forbidden
things - can be guilty of adultery as much as the heart itself.
Moreover, no Muslim man or woman is allowed during prayers to touch
the body of another person of the opposite sex. If men and women stand
side by side in prayer they cannot avoid touching each other.
Furthermore, when a woman is praying in front of a manor beside him,
it is very likely that any part of herdressed body may become
uncovered after a certain motion of bowing or prostrating. The man's
eye may happen to be looking at the uncovered part, with the result
that she will beembarrassed and he will be exposed to distractionor
possibly evil thoughts. So, to avoid any embarrassment and distraction
to help concentrate on mediation and pure thoughts, to maintain
harmony and order among worshippers, to fulfill the true purposes of
prayers, Islam has ordained the organization of rows, whereby men
stand in front lines, and women behind the children. Anyone with some
knowledge of the nature and purpose of Muslim prayers can readily
understand the wisdom of organizing the lines ofworshippers in this
manner.
The Muslim woman is always associated with an old tradition known as
the "veil". It is Islamic that the woman should beautify herself with
the veil of honor, dignity, chastity, purity and integrity. She should
refrain from all deeds and gestures that might stir the passions of
people other than her legitimate husband or cause evil suspicion of
her morality. She is warned not to display her charms or expose
herphysical attractions before strangers. The veilwhich she must put
on is one that can save her soul from weakness, her mind from
indulgence, her eyes from lustful looks, and her personality from
demoralization. Islam is most concerned with the integrity of woman,
with the safeguarding of her morals and morale and with the protection
of her character and personality (cf. Qur'an, 24:30-31).
By now it is clear that thestatus of woman in Islam is unprecedentedly
high and realistically suitable to her nature. Her rights and duties
are equal to those of man but not necessarily or absolutely identical
with them. If she is deprived of one thing in some aspect, she is
fully compensated for it with more things in many other aspects. The
fact that she belongs to the female sex has no bearing on her human
status or independent personality, and it is no basis for
justification of prejudice against her or injustice to her person.
Islam gives her as much as is required of her. Her rights match
beautifully with her duties. The balance between rights and duties is
maintained,and no side overweighs the other. The whole status of woman
is given clearly in the Qur'anic verse which may be translated as
follows:
And women shall have rights similar to the rights against them,
according to what is equitable; but man have a degree (of advantage as
in some cases of inheritance) over them (2:228).
This degree is not a title of supremacy or an authorization of
dominance over her. It is to correspond with the extra
responsibilities of man and give him some compensation for his
unlimited liabilities. The above mentioned verse isalways interpreted
in thelight of another (4:34).
It is these extra responsibilities that give man a degree over woman
in some economic aspects. It is not a higher degree in humanity or in
character.Nor is it a dominance of one over the other or suppression
of one by the other. It is a distribution of God's abundance according
to the needs of the nature of which God is the Maker. And He knows
best what is good for woman and what is goodfor man. God is absolutely
true when He declares:
mankind! reverence yourGuardian-Lord, Who created you from a
singleperson, and created of like nature his mate, and from them twain
scattered (like seeds) countless men and women (4:1).
Source: http://www.unn.ac.uk/