As a wife:
The Qur'an clearly indicates that marriage issharing between the
twohalves of the society, and that its objectives, besideperpetuating
human life, are emotional well-beingand spiritual harmony. Itsbases
are love and mercy.
Among the most impressive verses in the Qur'an about marriage is the following.
"And among His signs is this: That He created mates for you from
yourselves that you may find rest, peace of mind in them, and He
ordainedbetween you love and mercy. Lo, herein indeed are signs for
people who reflect." (Qur'an 30:2 1).
According to Islamic Law, women cannot be forced to marry anyone
without their consent.
Ibn Abbas reported that agirl came to the Messenger of God, Muhammad
(P.), and she reported that her father had forced her to marry without
her consent. The Messenger of God gave her the choice . . . (between
accepting the marriage or invalidating it). (Ibn Hanbal No. 2469).In
another version, the girl said: "Actually I accept this marriage but
Iwanted to let women know that parents have no right (to force a
husband on them)" (Ibn Maja, No. 1873).
Besides all other provisions for her protection at the time of
marriage, it was specifically decreed that woman has the full right to
her Mahr, a marriage gift, which is presented to her by her husband
and is included in the nuptial contract, and thatsuch ownership does
not transfer to her father or husband. The concept of Mahr in Islam is
neither an actual or symbolic price for the woman, as was the case in
certain cultures, but rather it is a gift symbolizing love and
affection.
The rules for married life in Islam are clear and in harmony with
upright human nature. In consideration of the physiological and
psychological make-up ofman and woman, both have equal rights and
claims on one another, except for one responsibility, that of
leadership. This is a matter which is natural in any collective life
and which is consistent with the nature of man.
The Qur'an thus states:
"And they (women) have rights similar to those (of men) over them, and
men are a degree above them." (Qur'an 2:228).
Such degree is Quiwama (maintenance and protection). This refers
tothat natural difference between the sexes whichentitles the weaker
sex toprotection. It implies no superiority or advantage before the
law. Yet, man's role of leadership in relation to his family does not
mean the husband's dictatorship over his wife. Islam emphasizes the
importance of taking counsel and mutual agreement in family decisions.
The Qur'an gives us an example:
"...If they (husband wife) desire to wean the child by mutual consent
and (after) consultation, there is no blame on them..." (Qur'an 2:
233).
Over and above her basic rights as a wife comes the right which is
emphasized by the Qur'an and is strongly recommended by the Prophet
(P); kind treatment and companionship.
The Qur'an states:
"...But consort with them in kindness, for if you hate them it may
happen that you hate a thing wherein God has placed much good."
(Qur'an 4: l9).
Prophet Muhammad. (P) said:
The best of you is the best to his family and I am the best among you
to my family.
The most perfect believers are the best in conduct and best of you are
those who are best totheir wives. (Ibn-Hanbal, No. 7396)
Behold, many women came to Muhammad's wives complaining against their
husbands (because they beat them)- - those (husbands) are not the best
of you.
As the woman's right to decide about her marriage is recognized, so
also her right to seek an end for an unsuccessful marriage is
recognized. To provide for the stability of the family, however, and
in order to protect it from hasty decisions under temporary emotional
stress, certain steps and waiting periods should be observed by men
and women seeking divorce. Considering the relativelymore emotional
nature of women, a good reasonfor asking for divorce should be brought
before the judge. Like the man, however, the woman can divorce her
husband with out resorting to the court, if the nuptial contract
allows that.
More specifically, some aspects of Islamic Law concerning marriage
anddivorce are interesting and are worthy of separate treatment.
When the continuation of the marriage relationship is impossiblefor
any reason, men are still taught to seek a gracious end for it.
The Qur'an states about such cases:
When you divorce women, and they reach their prescribed term, then
retain them in kindness and retain themnot for injury so that you
transgress (the limits). (Qur'an 2:231). (See also Qur'an 2:229 and
33:49).
c) As a mother:
Islam considered kindness to parents next to the worship of God.
"And we have enjoined upon man (to be good) to his parents: His
motherbears him in weakness upon weakness..." (Qur'an 31:14) (See also
Qur'an 46:15, 29:8).
Moreover, the Qur'an has a special recommendation for the good
treatment of mothers:
"Your Lord has decreed that you worship none save Him, and that you
bekind to your parents. . ." (Qur'an 17:23).
A man came to Prophet Muhammad (P) asking:
O Messenger of God, who among the people is the most worthy of my good
company? The Prophet (P) said, Your mother. Theman said then who else:
The Prophet (P) said, Your mother. The man asked, Then who else? Only
then did the Prophet(P) say, Your father. (Al-Bukhari and Muslim).
A famous saying of The Prophet is "Paradise is at the feet of
mothers." (In Al'Nisa'I, Ibn Majah, Ahmad).
"It is the generous (in character) who is good to women, and it is the
wicked who insults them."
3. The Economic Aspect
Islam decreed a right of which woman was deprived both before Islam
and after it (even aslate as this century), the right of independent
ownership. According to Islamic Law, woman's right to her money, real
estate, or other properties is fully acknowledged. This rightundergoes
no change whether she is single or married. She retains her full
rights to buy, sell, mortgage or lease any or all her properties. It
is nowhere suggested in the Law that a woman is a minor simply because
she is a female. It is also noteworthy that such right applies to her
properties before marriage as well as to whatever she acquires
thereafter.
With regard to the woman's right to seek employment it should be
stated first that Islam regards her role in society as a mother and
awife as the most sacred and essential one. Neither maids nor
baby-sitters can possibly take the mother's place as the educator of
an upright, complex free, and carefully-reared children. Such a noble
and vital role, which largely shapes the future of nations, cannot be
regarded as "idleness".
However, there is no decree in Islam which forbids woman from seeking
employment whenever there is a necessity for it, especiallyin
positions which fit her nature and in which society needs her most.
Examples of these professions are nursing, teaching (especially for
children), and medicine. Moreover, there is no restriction on
benefiting from woman's exceptional talent in any field. Even for the
position of a judge, where there may be a tendency to doubt the
woman's fitness for the post due to her more emotional nature, we find
early Muslim scholarssuch as Abu-Hanifa and Al-Tabary holding there
isnothing wrong with it. Inaddition, Islam restored to woman the right
of inheritance, after she herself was an object of inheritance in some
cultures. Her share is completely hers and no one can make any claim
on it, including her father and her husband.
"Unto men (of the family)belongs a share of that which Parents and
near kindred leave, and unto women a share of that which parents and
near kindred leave, whether itbe a little or much - a determinate
share." ((Qur'an 4:7).
Her share in most cases is one-half the man's share,with no
implication that she is worth half a man! It would seem grossly
inconsistent after the overwhelming evidence of woman's equitable
treatment in Islam, whichwas discussed in the preceding pages, to make
such an inference. This variation in inheritance rights is only
consistent with the variations in financial responsibilities of man
and woman according to the Islamic Law. Man in Islam is fully
responsible for the maintenance of his wife, his children, andin some
cases of his needy relatives, especially the females. This
responsibility is neither waived nor reduced because of his wife's
wealth or because of her access to any personal income gained from
work, rent, profit, or any other legal means.
Woman, on the other hand, is far more secure financially and is far
less burdened with any claims on her possessions. Her possessions
before marriage do not transfer to her husband and she even keeps her
maiden name. She has no obligation to spend on her family out of such
properties or out of her income after marriage. She is entitled to
the"Mahr" which she takes from her husband at the time of marriage. If
she isdivorced, she may get an alimony from her ex-husband.
An examination of the inheritance law within the overall framework of
the Islamic Law reveals not only justice but also an abundance of
compassion for woman.
4. The Political Aspect
Any fair investigation of the teachings of Islam o~ into the history
of the Islamic civilization will surely find a clear evidence of
woman's equality with man in what we call today"political rights".
This includes the right of election as well as the nomination to
political offices. It also includes woman's right to participate in
public affairs. Both in the Qur'anand in Islamic history we find
examples of women who participated in serious discussions and argued
even with the Prophet (P) himself, (see Qur'an 58: 14 and 60: 10-12).
During the Caliphate of Omar Ibn al-Khattab, a woman argued with him
in the mosque, proved her point, and caused him to declare in the
presence of people: "A woman is right and Omaris wrong."
Although not mentioned in the Qur'an, one Hadeeth of the Prophet
isinterpreted to make woman ineligible for the position of head of
state. The Hadeeth referred to is roughly translated: "A people will
not prosper ifthey let a woman be their leader." This limitation,
however, has nothing to do with the dignity of woman or with her
rights. It is rather, related to the natural differences in
thebiological and psychological make-up ofmen and women.
According to Islam, the head of the state is no mere figurehead. He
leads people in the prayers, especially on Fridays and festivities; he
is continuously engaged in the process of decision-making pertaining
to the securityand well-being of his people. This demanding position,
or any similar one, such as the Commander of the Army, is generally
inconsistent with the physiological and psychological make-up of woman
in general. It is a medical fact that during their monthly periods and
during their pregnancies,women undergo various physiological and
psychological changes. Such changes may occur during an emergency
situation, thus affecting her decision, without considering the
excessivestrain which is produced.Moreover, some decisionsrequire a
maximum of rationality and a minimum of emotionality- a requirement
which does not coincide with the instinctive nature of women.
Even in modern times, and in the most developed countries, it is rare
to find a woman in the position of a head of state acting as more
thana figurehead, a woman commander of the armedservices, or even a
proportionate number ofwomen representatives in parliaments, or
similar bodies. One can not possibly ascribe this to backwardness of
various nations or to any constitutional limitation on woman's right
to be in such a position as a head of state or as a member of the
parliament. It is more logical to explain the present situation in
termsof the natural and indisputable differences between man and
woman, a difference which does not imply any"supremacy" of one over
the other. The difference implies rather the"complementary" roles
ofboth the sexes in life.
'' Our Lord ! grant us good in this world and good in the hereafter and save us from the torment of the Fire '' [Ameen]
-
{in Arab} :->
Rabbanaa aatinaa fid-dunyaa hasanatan wafil aakhirati hasanatan waqinaa 'athaaban-naar/-
(Surah Al-Baqarah ,verse 201)
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