The Essence of Economic Policy in Importance of Islamic Economics By Dr.

Mohammad Shawqi Al-Fanjari Contents Foreword by Abdelhadi Boutaleb Foreword by Dr. Salah Eddine ami! Introduction The Essence of Economic Policy in Islam The Accommodation of what is Stable and what is ot The Accommodation of Common and Pri"ate Interests or the #armony of Conflictin$ Interests The Accommodation of material Interests and Spiritual eeds or The Fear of Allah in one%s Actions The Importance of Islamic Economics The Importance of Economic Studies The &ole of Islamic Economics Teachin$ Islamic Economics Dedication To those who ha"e come to reali'e that e"ery $reat nation has a messa$e to $i"e( and that the $reatest nation of all is that which carries the best of messa$es which presents the optimum way of life. Islam has pro"ided us with a messa$e to share with the world. I do not )now what we can $i"e humanity as Arabs if we cannot share with it the messa$e of Islam which Allah has re!uired us to do.

To those who ha"e come to reali'e that *ihad for the sa)e of Allah is a *ihad for material and spiritual pro$ress( for the establishment of a society of belie"ers( a society of faith and of increasin$ production. To those who ha"e come to reali'e that the best way to happiness and success in both worlds is to free people from fear( i$norance( po"erty. sic)ness and in+ustice so that( in the end( we could e,ecute the will of Allah to spread lo"e amon$ people and peace on earth.

-n Cosmic .erses in The /uran

By Dr. Muhammad Jamaluddin El-Fandy Contents The /uran And Science The /uran Differentiates Between Con"iction And Speculation Some Principles &elatin$ To The 0ni"erse The /uran As The Best E,ample -f Scientific E,pression Another Set -f .erses &elated To .arious Phenomena In The 0ni"erse Timin$ In The #oly /uran Conclusion Islam Today by Moulana Abul 'Ala Mawdudi Contents Introduction The ature of the Problem The First Phase 1 The Ideal Period The &eal Cause of Success The Second Phase 1 2in$ship and its Cultural Conse!uences Causes of the Success of 2in$ship Disruption of 3eadership 3ac) of Proper Education 4rowth of Parochial Pride and Pre+udice Selfishness The Third Phase 1 Sla"ery and its Aftermath Transfer of 3eadership 5o"ements of 3iberation The Fourth Phase 1 After Freedom A ew Tra$edy The &eal Difficulty The Present Stru$$le About the Future Is Islam Practicable Today Content Translator%s ote

Introduction The 6oman as #uman Bein$ &efuted 5isconceptions Distinctions +ustified 3e$al testimony Inheritance Blood money 4uardianship *udiciary and political corps The 6oman as Feminine Bein$ 3e$itimate 5i,in$ Between 5en and 6oman Pseudo1ar$uments for unrestricted mi,in$. Pseudo1ar$uments dispro"ed. Effects of promiscuous mi,in$. 5oral decay Ille$itimate children. Drops in 5arria$e &ates. #i$h Di"orce &ates and Destruction of the Family. Spread of 3ethal Diseases. The 6oman as 5other. Immortal mothers. The 6oman as Dau$hter The 2nowled$eable The 6oman as 6ife Independence of the wife Di"orce 6hy did Islam le$islate di"orce7 3imitin$ the circle of di"orce 6hen and how does di"orce ta)e place7 After di"orce 6hy is di"orce initiated by the man7 #ow can an a"erse wife di"orce her husband The abuse of usin$ di"orce Poly$amy Poly$amy in olden times and in Islam Fairness is a condition of poly$amy Poly$amy as a moral( human system The 6estern system of promiscuity is immoral and inhuman The abuse of the license of poly$amy The call of westerni'ed people to forbid poly$amy The basis on which those who call for re+ection of poly$amy rely 81Islamic 3aw does not allow somethin$ whose e"il outwei$hs its $ood 91 The ri$ht of the person in authority to pre"ent what is allowed The 6oman as 5ember of the Society Those who e,a$$erate about woman%s wor) and the misconceptions concernin$ them The reply concernin$ these misconceptions

The harmful effect when a woman is in"ol"ed in men%s wor) without restrictions or limits 6hen is a woman allowed to wor)7 Translator%s ote

6e realise the importance of this boo) in dispellin$ some of the misconceptions of Islam( and in spreadin$ a reli$ion on Earth which can sol"e or allay the ad"ersities which abound. 6ith boo)s such as The Status of 6omen in Islam( it is hoped the reco$nition of Islam as a mercy to man)ind becomes apparent. The Status of 6omen in Islam is hoped to be one of many to be put forth on this sub+ect of the continual disco"ery of women( their abilities( and the solace they pro"ide. The case of woman and their special place in the order of Allah has been undermined throu$hout the world and I mi$ht add( history. The pli$ht of the fairer se, in the 6est( where widespread e,ploitation e,ists( in the East( where their "alue is distortedly depreciated and sadly( I must admit in the Arab world where people do not follow their reli$ion( is indeed tra$ic. 6omen are the underpinnin$s of future $enerations and must be treated as such. Islam( the mercy of Allah( is for all of man)ind and ma)es no preference to se,. 5en and women ha"e a callin$ and a place in nature. either has a $reater "alue( nor is one of $reater importance. Both are sub+ect to Di"ine &etribution which is e!ual for the capacity of each. The /uran e,pounds upon this in multiple "erses and e,ists as an illuminatin$ miracle for those who reflect. I hope there is no confusion with my use the terms of 4od( 6ho is Allah( The -ne( The Almi$hty( The E"erlastin$( The Pro"ider and the other ninety1nine names of Allah which should be ceaselessly reflected upon for inspiration and $uidance. I especially wish to than) Dr. 5ohammed Tolba( Dr. Elham Fathy( Alicia Daniel( and Afiwine 5ischler for their in"aluable assistance in the preparation of this boo). Shei)h 5ohammed 4emeaah

Introduction In the name of Allah( 5ost 4racious( 5ost 5erciful( praise be to Allah( blessin$s and $reetin$s be on #is 5essen$er and his family( his Companions and whoe"er flows his $uidance. It is common tal) that women constitute half the society and that the society should not ne$lect them( lea"e them idle( maltreat them nor dissol"e their ri$hts.

This is all true. It may as well be ar$ued that althou$h women constitute half of the population( their influence e,ceeds their number( since women( for $ood or ill( influence their husbands and children. The poet #afi' Ibrahim struc) this note when he described the woman as a whole school( the sound mana$ement of which leads to the production of a noble society. For these reasons scientists( thin)ers( leaders( reformers( preachers and educators ha"e all shown interest in the case of the woman. They ha"e called for doin$ her +ustice( treatin$ her with respect and for the abolition of forms of unfairness and repression towards her so that she can ha"e her ri$htful access to learnin$( wor)( responsibility and choice in marria$e. Some did not find this enou$h: they wanted to $i"e her the ri$ht of se,ual permissi"eness( homose,uality( unrestricted abortion( rebellion a$ainst the family( and disre$ard of "alues of reli$ion and society. These were some of the aims the International Conference on 6omen in Pe)in$ 8;;< impelled. It has pro"o)ed a lot of contro"ersy in the Islamic and e"en Christian worlds. 6e 5uslims ha"e a di"ine document that truly honours women and treats her with +ustice: it is a document that rescued her from the $loomy in+ustice of Pre1Islamic dar)ness. This document of The oble /ur%an1honours the woman as a human bein$( as a feminine bein$( as a dau$hter( wife( mother and( no less( as a full member of her society. True( some 5uslims ha"e wron$ed women in different a$es by depri"in$ her of her ri$ht to solid reli$ious )nowled$e and her ri$ht to wor). They ha"e e"en forbidden her from $oin$ to the mos!ue for worship or leamin$( compelled her to marry someone she did not li)e and confined her to her home. But this has happened in the absence of any sound reli$ious awareness. or did it pre"ail e"erywhere: there ha"e always been 5uslims willin$ to re+ect this( somethin$ we ha"e seen happenin$ in rural areas. Islam%s true stance on the status of the woman is what this small treatise see)s to ma)e clear. Althou$h the issues relatin$ to women and the family are dealt with in some of our pre"ious boo)s( particularly The 3awful and the Prohibited in Islam =Al1#alal wal1#aram fil Islam> and Contemporary 3e$al -pinions =Fataawa 5userah>( the reader may find in these pa$es a li$ht that $uides the way to )nowled$e of the correct opinions on this critical issue( between harsh austerity and e,cessi"e indul$ence. ?And my $uidance cannot come e,cept from Allah( and in #im I ha"e put my trust and unto #im I repent.%% @Surah 88ABBC

The 6oman as #uman Bein$

Islam was re"ealed at a time when a lot of people denied the humanity of the woman: some were sceptical about it: and still others admitted it( yet considered the woman a thin$ created for the humble ser"ice of the man.

6ith the ad"ent of Islam( circumstances impro"ed for the woman. The woman%s di$nity and humanity were restored. Islam confirmed her capacity to carry out Allah%s commands( her responsibilities and obser"ation of the commands that lead to hea"en. Islam considered the woman as a worthy human bein$( with a share in humanity e!ual to that of the man. Both are two branches of a sin$le tree and two children from the same father( Adam( and mother( E"e. Their sin$le ori$in( their $eneral human traits( their responsibility for the obser"ation of reli$ious duties with the conse!uent reward or punishment( and the unity of their destiny all bear witness to their e!uality from the Islamic point of "iew. Establishin$ this fact( the oble /ur%an saysA ? - man)indD Be dutiful to your 3ord( 6ho created you from a sin$le person =Adam> and from him =Adam> #e created his wife =E"e>( and from them both #e created many men and women and fear Allah throu$h 6hom you demand your mutual =ri$hts>( and =do not cut the relations of> the wombs =)inship>. Surely( Allah is E"er an All16atcher o"er you. ? @ Surah EA8C That people all people men and women( were created by their 3ord from a sin$le person or self( that this self is a nucleus from which Allah created an inte$ral counterpart that completes this ori$inal self and is completed by it( is stated in another "erseA ? It is #e 6ho has created you from a sin$le person =Adam>( and =then> #e has created from him his wife =E"e>( in order that he mi$ht en+oy the pleasure of li"in$ with her.? @ Surah FA8B;C E"entually Allah( out of this nuclear pair( scattered the multitudes of men and women( all worshippers of a sin$le 4od and children of the same parents implyin$ they are united in a fraternity( embracin$ men and women ali)e. Because of this fact( the "erse commands people to fear Allah as their 3ord and be heedful of the duties that the wombs( as symbolic of this bond( impose. The man on this account is a brother to the woman and the woman is the other half of the pair. The 5essen$er =blessin$s and peace be upon him> says( ?6omen are the sisters of men.? @ Transmitted on the authority of Aisha by Ahmad =GH9<G>: Abu Dawud =9IG>: Al1 Termithy =88I>: Al1Doram=8H8;<> and others.CThe /ur%an( on its part( treats this issue of fraternal e!uality from more than one perspecti"e. -n the purely reli$ious le"el for instance( the /ur%an saysA ?.erily( the 5uslims =those who submit to Allah in Islam> men and women( the belie"ers men and women =who belie"e in Islamic 5onotheism>( the men and the women who are obedient =to Allah>( the men and women who are truthful =in their speech and deeds>( the men and the women who are patient =in performin$ all the duties which Allah has ordered and in abstainin$ from all that Allah has forbidden>( the men and the women who are humble =before their 3ord 1Allah>( the men and the women who $i"e Sada!at( =i.e. Ja)at( and alms( etc.>( the men and the women who fast =the obli$atory fastin$ durin$ the month of &amadan and the optional awafil fastin$>( the men and women who $uard their chastity =from ille$al se,ual acts> and the men and women who remember Allah muchwith their hearts and ton$ues =while sittin$( standin$( lyin$( etc. for more than IKK times e,tra o"er the remembrance of Alla) durin$ the fi"e compulsory con$re$ational prayers or prayin$ e,tra additional awafil prayers of ni$ht in the last part of ni$ht etc.> Allah has prepared for them for$i"eness and a $reat reward =i.e. Paradise>. @ Surah IIAI<C -n the basic social and reli$ious responsibilities( the /ur%an establishes e!uality by maintainin$A ?The belie"ers( men and women( are ?Awliy(? =helpers( supporters( friends(

protectors> of one another( they en+oin =on the people> Al15aLruf =i.e. Islamic 5onotheism and all that Islam orders one to do>:and forbid =people> from Al15un)ar =i.e. polytheism and disbelief of all )inds( and all that Islam has forbidden>: they offer their prayers perfectly =l!amat1as1Salat>( and $i"e the Ja)at and obey Allah and #is 5essen$er. Allah will ha"e mercy on them. @ Surah ;AF8C In Adam%s story( Di"ine -rders were made to him and his wife( both and e!uallyA ?AdamD Dwell you and your wife in the Paradise and eat both of you freely with pleasure and deli$ht of thin$s therein as where"er you will( but come not near this tree or you both will be of the Jalim%n =wron$doers>. @ Surah 9AI<C 6hat is new( howe"er( about this story as $i"en by the /ur%an is that the temptation is blamed not on E"e but on SatanA ?Then the Satan made them slip therefrom =the Paradise>( and $ot them out from that in which they were. @ Surah 9AIGC 1 the re"erse of The -ld Testament "ersions. Thus E"e was neither the sole eater from the tree( nor the one who initiated the act. &ather( the mista)e was theirs both( and both of them repented and as)ed for for$i"enessA ?They said( ?-ur 3ordD 6e ha"e wron$ed oursel"es. If Mou for$i"e us not( and bestow not upon us Mour 5ercy( we shall be losers?. @ Surah FA9IC Further still( some "erses ascribe the trespass to AdamA ?And indeed 6e made a co"enant with Adam before( but he for$ot( and 6e found on his part no firm will1power.? @ Surah 9KA88<C And ?Then Satan whispered to him sayin$( ?- AdamD Shall I lead you to the Tree of Eternity and to a )in$dom that will ne"er waste away7? @ Surah 9KA89KC and till ?Thus did Adam disobey his 3ord( so he went astray.? @ Surah 9KA898C This implies that Adam was the one who trespassed first and was followed by his woman. 6hate"er the case may be( e"en acceptin$ that E"e did commit a trespass( she( alone( would be responsible without any transmission of accountability to her dau$hters. -n the !uestion of e!uality of punishment and reward and eli$ibility for Paradise( The Almi$hty saysA ?That was a nation who has passed away. They shall recei"e the reward of what they earned and you of what you earn. And you will not be as)ed of what they used to do. @ Surah 9A8IE and 9A8E8C Concernin$ the e!uality of men and women in recei"in$ rewards and the entry of paradise( 4od saysA ? So their 3ord accepted of them =their supplication and answered them>( ? e"er will I allow to be lost the wor) of any of you( be he male or female.? @ Surah IA8;<C and 6hoe"er wor)s ri$hteousness( whether male or female( while he =or she> is a true belie"er =of Islamic 5onotheism> "erily( to him 6e will $i"e a $ood life =in this world with respect( contentment and lawful pro"ision>( and 6e shall pay them certainly a reward in proportion to the best of what they used to do =i.e. Paradise in the #ereafter>. @ Surah 8GA;FC 6hen it comes to financial matters( the rule of Islam abolished the con"entions pre"alent amon$ many nations which depri"ed the woman of the ri$ht of ownership( inheritance( and those which created obstacles a$ainst her e,ercise of free and full control of her holdin$s. As a rule( Islam ac)nowled$es the woman%s ri$hts to all )inds of ownership( spendin$ and channellin$ of her money. It $i"es her the ri$hts of inheritance( sellin$( buyin$( rentin$(

donatin$( lendin$( allocatin$ property for reli$ious and charitable purposes( $i"in$ alms( le$al transfer and mort$a$e( as well as many other forms of contracts and actions. The woman%s ri$ht to see) education or learnin$ is basic and is also $uaranteed by Islamic teachin$s. Islam actualIy ma)es it incumbent on the woman to see) )nowled$e: the Prophet =blessin$s and peace be upon him> says( Lsee)in$ )nowled$e is incumbent on e"ery 5uslim(? where ?e"ery 5uslim? ob"iously in"ol"es men and women on an e!ual footin$ as a rule formalised by all authorities of +urisprudence . The woman is also re!uired to perform reli$ious ordinances and forms of worship the way the man is. Prayin$( fastin$( Ja)at =the alms sanctifyin$ ta,>( pil$rima$e and all the other fundamental practices in Islam are re!uired of 5uslims in their capacity( both men and women( as responsible humans. A$ain the woman%s actions are recompensed by Allah the way the man%s actions are. The woman is not e,cluded from the area of social acti"ity: Allah saysA ? The belie"ers( men and women( are ?Awliy(? =helpers( supporters( friends( protectors> of one another( they en+oin =on the people> Al15aLruf =i.e. Islamic 5onotheism and all that Islam orders one to do>:and forbid =people> from Al15un)ar =i.e. polytheism and disbelief of all )inds( and all that Islam has forbidden>. @ Surah ;AF8C For instance( she can $i"e refu$e for those who see) it. If she hosts a refu$ee( her action is to be respected and obser"ed. This rule relates bac) to 0m #anibint Abi Talib%s $i"in$ relief to a father in1law on the day of the Con!uest of 5ecca by 5uslims. 6hen her brother wanted to )ill him because he was an infidel( she complained to Allah%s 5essen$er =blessin$s and peace be upon him> sayin$( ?Allah%s 5essen$er( my mother%s son insists on )illin$ my refu$ee( Ibn #ubayra.?The Prophet =blessin$s and peace be upon him> replied( ?6e confer asylum on him that you $i"e refu$e to( 0m #ani?. @ 5utafa! aley =a$reed upon> on the authority of 0m #ani( The Pearl and the Coral =Al13u%lu% wal15ar+an> =8;I>C &efuted 5isconceptions

Distinctions +ustified Some people harbour certain doubts and raise !uestions about Islam%s stance on the woman%s status as a human bein$. #ere we tac)le the more important points of uncertainty or e"en scepticism. -ne of these !uestions isA why( if Islam really re$ards the woman%s humanity on an e!ual basis with that of the man( does it $i"e the man pri"ile$e o"er the female in some dealin$s such as le$al testimony( inheritance( blood money( char$e of the family( headin$ the state and other supportin$ ministrations7 The distinction =if it can e"er be called one> between the man and the woman is not due to any preference by Allah( The Almi$hty( of the man or the woman on any account of bein$

nobler or closer to the 3ord. As a rule( it is piety and only piety that is the measure of ascendancy( nobility and closeness to AllahA ? .erily( the most honour able of you in the Si$ht of Allah is that =belie"er> who has At1Ta!wa @i.e. one of the 5utta! %nA i.e. pious and ri$hteous persons who fear Allah muchC=abstain from all )inds of sins and e"il deeds which #e has forbidden>( and lo"e Allah much =perform all )inds of $ood deeds which #e has ordained>?. @Surah E;A8IC The distinctions( howe"er( are merely conditioned by the different tas)s assi$ned to each of the two se,es by "irtue of their natural disposition. 3e$al testimony The /ur%anic "erse )nown as ?the indebtedness "erse? in which Allah prescribes writin$ debt contracts as a precautionary measure isA ?And $et two witnesses out of your own men. And if there are not two men =a"ailable>( then a man and two women( such as you a$ree for witnesses( so that if one of them =two women> errs( tile other can remind her. And the witnesses should not refuse whethey are called on =for e"idence>. @ Surah 9A9B9C Thus( the /ur%an ma)es the testimony of oman e!ual to the testimony of two women. 5oreo"er( the ma+ority of +urisprudents establish that a woman%s testimony does not count in ma+or crimes and in matters which do not relate to the rule of retaliation in )ind. Met the distinction is far from bein$ due to any belief in a deficiency of the woman%s humanity and inte$rity. It is rather due to her natural disposition and her special inclinations which may e,clude her in"ol"ement in such matters while bein$ focused on motherhood or the household. #ence( there is "ery li)ely to be a )ind of characteristic inattention on her part when it comes to handlin$ these matters. For this reason( Allah commands creditors if they want to "erify the "alue of debt to see) the testimony of two men or one man and two women. The /ur%an puts it unambi$uouslyA ? so that if one of them =two women> errs( the other can remind her. @ Surah 9A9B9C The e,clusion of woman%s testimony( alto$ether( from cases of ma+or crimes( and cases re!uirin$ retaliation in )ind( is meant to protect women and distance them from sites of crime and a$$ressions a$ainst souls( honour and property. It is not infre!uent( for instance( to see a woman closin$ her eyes( or runnin$ away in panic from a scene of bloodshed: therefore ( it becomes difficult for that woman to $i"e a reliable account of the crime. e"ertheless( this has also meant for the +urisprudents that a woman%s testimony counts in cases of feminine affairs such as foster relationships( menstruation( deli"ery and such matters whose )nowled$e was confined to women in past a$es and probably still is. Met( Ata%a1tabiei =literally a follower a companion of one of the Prophet%s Companions> establishes that a woman%s testimony on such matters does count. In addition( other +urisprudents accept a woman%s testimony in crimes that ta)e place in female $atherin$s that are not usually fre!uented by men( li)e women @ Surah 9A9B9C oriental pools( weddin$ parties attended solely by women. and other such $atherin$s. The !uestion( howe"er( isA if one woman )ills( wounds or maims another and the only witness is a woman( should her testimony be ruled out because it is merely $i"en by a woman or should men $i"e testimony of somethin$ they did not witness7 It is more in the nature of thin$s to accept a woman%s

testimony in this case so lon$ as she is reputed to be honest( accurate and mindful. Commentin$ on the "erseA ? And if there are not two men =a"ailable>( then a man and two women? the former Shei)h of Al1A'har 5ahmud Shaltut saysA The "erse does not address the !uestion of the status of the testimony. It rather addresses the methods of "erification and establishment of confidence about the indi"idual%s ri$hts at the moment of transaction. The "erse actually be$insA ?- you who belie"eD 6hen you contract a debt for a fi,ed period( write it down. 3et a scribe write it down in +ustice between you. 3et not the scribe refuse to write as Allah has tau$ht him(? until it reaches ? And $et two witnesses out of your own men. And if there are not two men =a"ailable>( then a man and two woman( so that if one of them =two women> errs( the other can remind her. @ Surah 9A9B9C Therefore the situation is one of "erification and documentation of ri$hts and not one of +ud$ement. Thus the "erse points to the best ways of documentation and "erification by which partners in a deal can ha"e ma,imum security. This therefore does not mean that a sin$le woman%s( or a $roup of woman%s testimony without a man%s does not count in establishin$ ri$hts nor is to be ta)en by a +ud$e since the ma,imum re!uired in +urisdiction is ?e"idence?. Alon$ this line of thin)in$( +urisprudent Ibn Al1/ayyim establishes that ?e"idence? in Islamic 3aw is more comprehensi"e than testimony: confirmin$ ?e"idence? is the factor in establishin$ ri$hts( what ma)es it ?e"ident? and conse!uently what is to be considered by the +ud$e. The +ud$e pronounces his "erdict on the basis of decisi"e e"idence( e"en if it were a non1 5uslim%s testimony as lon$ as he feels it worthy of his trust. This leads Shei)h Shaltut to the conclusion that when two woman%s testimonies are counted as one man%s testimony( it is not because of some wea)ness or flaw in her mentality which would in"ol"e( in turn( a defect in woman%s humanity. The "erse( howe"er( was so worded as to address the norms of that time( which are still "ery much the same for the ma+ority of women. They do not attend debt re$istration sessions or transactions. The fact that some women ta)e part in such acti"ities does not alter the basic facts of life that the woman%s natural disposition in life such as procreation. Met a$ain( the "erse ser"es as $uidance on ma,imum "erification. In some places( the tendency is for a woman to ma)e transactions and witness the writin$ of debts: it is the people%s ri$ht to accept a woman%s testimony as they accept that of a man as lon$ as they do this with e!ual confidence in both se,es? memories. Still( Shei)h Shaltut does not stop here: he $oes on to consider a case in which the word of men and women wei$h e!uallyA There is a stron$er proof for e!uality in the /ur%an%s statement that the woman is +ust li)e the man in the type of testimony )nown as the oath of condemnation @ An oath in which either the husband or the wife accuses his or her partner of adultery and the only witness is one of them. =Translator%s note.>C ?And as for those who accuse their wi"es but ha"e no witnesses e,cept themsel"es( let the testimony of one of them be four testimonies =i.e. testifies four times> by Allah that he be one of those who spea) the truth. And the fifth =testimony> =should be> in"o)in$ the Curse of Allah on him if he be one of those who tell a lie =a$ainst her>. But it shall a"ert the punishment =of stonin$ to death>

from her( if she bears witness four times by Allah( that he =her husband> is tellin$ a lie. And the fifth =testimony> should be that the 6rath of Allah be upon her if =her husband> spea)s the truth?. @ Surah 9EAG1 ;C That is( four repetitions of the oath or testimony by the man concluded by an in"ocation of his damnation by Allah if he is lyin$( countered by and in"alidated by four repetitions of the woman%s counter statement( also followed by an in"ocation of Allah%s wrath upon her if she is lyin$. @ Islamic Beliefs and Code of 3aws( Shei)h Shalt( p.888 1 889C

Inheritance The difference between the man and the woman in their respecti"e shares in inheritance established by Allah%s statementA ? Allah commands you as re$ards your children%s =inheritance>: to the male( a portion e!ual to that of two females. @ Surah EA88C( is clearly due to the difference in the duties and costs that each has to cope with by "irtue of the Islamic teachin$s =shar%a>?. For e,ample( if a man dies lea"in$ a son and a dau$hter( the son $ets married and pays the obli$atory bridal money =dower> to the bride and as soon as they li"e to$ether( he has to pro"ide and pay for their li"in$ e,penses. -n the other hand( when his sister $ets married( she recei"es the bridal money from her bride$room and when they li"e to$ether( the husband pro"ides for her without her payin$ a sin$le penny( e"en if she is amon$ the richest of people. Poor or rich( her li"in$ costs are estimated in proportion to her husband%s financial ability. The /ur%an puts it thusA? 3et the rich man spend accordin$ to his means?. @ Surah G<AFC To simplify matters( if the father lea"es a wealth of about 8<K(KKK dollars( the son would $et 8KK(KKK and the dau$hter would $et <K(KKK dollars. Then the son pays the bridal money =dower> $i"es presents and furnishes a flat which may cost at least 9<(KKK dollars. If the dau$hter $ets married and has the bridal money and the presents( she would $et another 9<(KKK. This ma)es them about e"en. But this is not all: the man%s duties and spendin$ increase as he pro"ides for his children( in some cases his a$ein$ parents( his brothers and sisters who ha"e no income of their own and no one else to pro"ide for them( and further still his relati"es who are in similar circumstances1all by "irtue of the Islamic Teachin$s =shar%a> and under certain conditions. For her part( thou$h( the woman is not commanded by the shar%a to furnish aid unless she chooses to do so out of $ood manners and morals. or is the distinction in any sense absolute. Sometimes the woman%s share in the inheritance is e!ual to that of the man%s. For instance( when the two parents inherit from their children: the /ur%an rules thatA For parents( a si,th share of inheritance to each if the deceased left children. @ Surah EA88C The reason in this case is that the parent%s needs are often similar. If siblin$s inherit from a brother who has neither parents nor children( the /ur%an establishes thatA ? If the man or woman whose inheritance is in !uestion has left neither ascendants nor descendants( but has left a brother or a sister( each one of them $ets a si,th: but if more than two( they share in a third?. @ Surah EA89C Thereby( the sister by

the mother $ets a si,th( which is the same as the brother by the same mother. If there are more than two siblin$s( they inherit a third to be distributed e!ually amon$ them. All this is to say that e!uality of inheritance e,ists in many cases( and they are well1)nown to +urisprudents and e,perts in these matters. 5ore conclusi"ely( there are cases in which the woman $ets a bi$$er share than the man. For instance( if a woman dies lea"in$ a husband( mother and two brothers and one sister by her mother( the sister alone $ets a si,th: whereas only one si,th is $i"en to the two brothers. Also if a woman dies lea"in$ a husband( a full sister and a brother by her father( the husband $ets half the inheritance and the sister the other half( whereas the half1brother $ets nothin$ bein$ merely an a$nate. But if the half siblin$ is a sister and not a brother( she $ets a si,th( as sustenance. -ne more case where the woman $ets more than the man follows Ibn ?Abbas%s interpretation of the "erseA ? If no children( and the parents are the =only> heirs( the mother has a third?. @ Surah EA88C This is means for Ibn Abbas that if a woman dies lea"in$ a husband and her two parents( the husband recei"es a half( the mother a third and the father a si,th. Ibn #a'm relates this statement to Ibn ?Abbas "ia Abdul1&a'i!( and to Ali ibn Abi Talib "ia of Abi ?0wana and to 5u%adh ibn *abal who were Companions of the Prophet =blessin$s and peace be upon him>( )nown also as e,perts on such matters. Ibn #a'im relates it also to Shuraih and to Dawud Al1Jahiry( amon$ the +urisprudents( and he !uotes the companion Ibn 5as%ud%s a,iom on the matterA ?Allah would not li)e to see me prefer a father to a mother.? -ther authorities who concurred are Companions such as L0mar( L0thman( and Jaid ibn Thabit. From their followers( there are Al1#asan( Ibn Sirin and Al1 a)h%i. Amon$ the +urisprudents( there are Abu #anifa( 5ali) and Al1Shafi( may Allah be pleased with them all.

Blood money There is not a sin$le well1authenticated statement by the Prophet =blessin$s and peace be upon him>( nor any consensus of reli$ious authorities =I+m(%> to establish that the blood money paid for the )illin$ of a woman is half the sum paid for the )illin$ of a man. There are two #adiths =prophetic traditions>( neither perfectly authenticated( that address the !uestion. The best one on terms of authentication is that narrated Al1 isa?i and Al1 Dara!atny( which still suffers a time $ap in the chain of transmitters up to the Prophet =blessin$s and peace be upon him>. Statements related to the Companions suffer in the same manner. 6hat remains then is the only well1authenticated tradition on the sub+ect ?for a soul( a hundred camels.? The $eneral a$reement of authorities that ma)e the "alue of the blood money paid for the )illin$ of a woman half that for the )illin$ of a man falls short of a consensus. Ibn L0Iayya

and Al1Asam( two scholars from the hi$h order of +urisprudents =fu!uh(? as1salaf> ma)e the "alue of the blood money the same for both men and women. This opinion is in a$reement with the $enerality of reference to ?belie"er? and Lsoul? in the /ur%an and the #adith. If we opt for this opinion today( we are not to blame since( in addition to the pre"ious reason( the le$al opinion =fatwa> could chan$e with the a$e and en"ironment but the new le$al opinion is not in conflict with the rele"ant te,tual statements nor with the $eneral ob+ecti"es of Islamic Teachin$s. 0nder the subtitle of ?Blood 5oney( the Same for 5en and 6omen(? Shei)h Shaltut writesA 6oman%s humanity stemmin$ from the same ori$in as that of the man( her blood is the same as his( he bein$ from her and she from him and e!ual retaliation in )ind bein$ the rule common to both cases of homicide and hell and damnation bein$ the other wordly punishment for the )illin$ of either man or woman( so the rule of the "erse applies to the accidental homicide of either a man or a woman. 4i"en that our primary frame of reference is the /ur%an( we find that its statement is $eneral and does not pri"ile$e the man with any special statusA ?and whosoe"er )ills a belie"er by mista)e =it is ordained that> he must set free a belie"in$ sla"e and a compensation =blood1money i.e. Diya> be $i"en to the deceased%s family?. @Surah EA;9C It is true that the scholars ha"e differed o"er the amount of blood money( whether it is the same or double in the man%s case. Al1&a'i tells us in his At1Tafsr Al12abr that the ma+ority of +urisprudents double the sum in cases of male homicide. #e adds that Al1Asam and Ibn L0layya ma)e the sum paid the same. The ma+ority cite the rulin$ of the Companions LAli( L0mar and Ibn 5as%ud rulin$ on this matter( as well as the rules of inheritance and le$al testimony in which the woman%s inheritance and testimony e!uals only half those of the man. Al1Asam( howe"er( cites the "erseA and whosoe"er )ills a belie"er by mista)e @Surah EA;9C All a$ree this "erse addresses both men and women( therefore the rulin$ on the sum paid is the same.

4uardianship Allah assi$ns $uardianship to the man by "irtue of the /ur%anic "erseA ? 5en are the protectors and maintainers of women( because Allah has made the one of them to e,cel the other and because they spend =to support them> from their means?. @ Surah EAIEC There are two reasons for this( one has to do with a natural !uality and the other relates to somethin$ ac!uired. First( Allah has pro"ided the man with a !uality of $reater stren$th whereas he has e!uipped the woman with a li$hter and usually more delicate physi!ue. Secondly( Allah has dele$ated the man to be the family pro"ider. If the family collapses( he must bear the brunt of the collapse. This responsibility naturally entails deference and support.

*udiciary and political corps Abu #anfa establishes that women are not forbidden from occupyin$ positions in the +udiciary system in matters that are of their sphere of testimony( that is in non1criminal affairs. At1Tabari and Ibn #a'im( on the other hand( establish the authority of their +ud$ement of criminal cases( as well as financial and other cases. Met( that this is not prohibited does not $i"e it the status of incumbency or necessity. It is a possibility that can be ad+usted accordin$ to different circumstances and interestsA the interest of the family( the interest of the community and( abo"e all( the interest of Islam. Thus( the possibility may lead to a situation where some distin$uished women at a certain point of their a$e are chosen for +ud$eship in certain matters and under certain circumstances. -n the other hand( her ineli$ibility under the Islamic teachin$ =shar%a> to hold the caliphate or head the state is owin$ to the $reat burdens of such a hu$e responsibility which in most cases outwei$h the capacity of the woman =and the man> and conflicts with the natural disposition of the woman as mother. This does not e,haust all possibilities since we are aware that some women could be e"en more capable than some men. -ne such e,ample is the /ueen of Sheba whose story is told by Allah in the /ur%an. She led her nation to happiness and well1bein$ in this and the other life and submitted herself with Prophet Solomon to Allah( Controller of the 6orlds. e"ertheless( rules are not formed on the basis of rare occurrence but on the fre!uency of it. Thus the scholars establish that $enerally ?the rare does not constitute a rule.? But for the woman to be a mana$er( dean( director( member of parliament( minister( etc.( is all "ery well so lon$ as it wei$hs the interests. All these !uestions are dealt with in detail in my boo) Contemporary 3e$al -pinions =Fatawa 5u%aserah>. The 6oman as Feminine Bein$

Islam has always appreciated the femininity of the woman and re$arded her as playin$ a role inte$ral to that of the man( and similarly re$arded the man as playin$ a role inte$ral to that of the woman. either is a foe( ad"ersary or a competitor to the other. &ather( each is a help to the other in attainin$ the relati"e perfection of his or her person and each%s whole se,. Allah%s orderin$ of the uni"erse ma)es binary e,istence one of its characteristics. This principle is manifested in the presence of male and female in the animate world of man( beast and plant( and the presence of ne$ati"e and positi"e in the inanimate world with its phenomena of ma$netism( electricity and others. E"en in the atom( there are positi"e and ne$ati"e char$es( that is( the proton and the electron. The /ur%an( re"ealed fourteen hundred years a$o( ma)es an e,plicit reference to the factA ?And of e"erythin$ 6e ha"e created pairs( that you may remember?. @Surah <8AE;C 5en and women are( so to spea)( li)e a can and its lid( a unity that comprises the thin$ and its counterpart: one does not e,ist without the other. 6hen Allah created the first human

soul( Adam( #e also created from it its counterpart( E"e( so that he would settle and find peace with her. The Almi$hty did not lea"e Adam alone( not e"en =self sufficient enou$h> in #ea"en. Allah%s discourse( whether in the form of prohibition or command( was addressed to both of themA ?Dwell you and your wife in the Paradise and both of you freely with pleasure and deli$ht of thin$s therein as where"er you will( but come not near this tree or you both will be of the Jalimun =wron$doers>?. @Surah 9AI<C 6hat all this comes to is that the woman is different from the man( for she complements him and he her. A thin$ does not complement itself. The /ur%an emphasises that differenceA ? And the male is not li)e the female?. @Surah IAIGC They are as unli)e as positi"e and ne$ati"e. Met the difference does not mean that they are ad"ersaries in any sense. They arise from each other and are for each otherA ?you are from one another? @Surah EA9<C ( and ?And Allah has $i"en you wi"es of your own )ind?. @Surah EA9<C Allah%s wisdom has also ordained that the physical and psycholo$ical construction of the woman should carry elements that enable her to attract and be attracted by the man. Fundamental to this purpose was Allah%s e!uipment of the female with an instincti"e desire and a stron$ natural passion that leads to their mutual attraction and communion so that life would continue and $enerations would sprin$ forth. Therefore( Islam disappro"es of systems that clash with this instincti"e nature or render it ineffecti"e( such as the system of monasticism. By no means( howe"er( does this reflect acceptance of the channellin$ of this ener$y in the wron$ direction( that is( outside di"inely1 sanctioned marria$e which forms the basis of the family. Thus Islam( as do all other re"ealed reli$ions( prohibits adultery as well as all forms of licentiousness whether they be "isible or in"isible. Islam has filled in all the $aps that could lead to these acts( thus pro"idin$ protection for men and women from all factors of seduction and lust. -n the basis of the instincti"e nature of the woman and the need for a healthy and proper atmosphere for her relationship with the man( Islam has set its codes for the woman as well as all the other rele"ant codes( instructions and rules. To $uard her femininity and ac)nowled$e its needs so as not to repress it( is what Islam is after. It tries to create a barrier between the woman and de$radation( to protect her from the human wol"es and predators who chase her into their lairs( de"our her and discard the despoiled remains. 6e can $i"e a rou$h summation of Islam%s attitude to femininity as followsA 81 Islam protects femininity to )eep the stream of tenderness and beauty runnin$. For this reason some of the thin$s that men are forbidden to do are permissible for women. So the woman can wear $old and pure sil): hence the #adith( ?These two =substances> are prohibited for the men of my nation and allowed for its women?. @Transmitted by Ibn 5a+ah on the authority of Ali =I<;<>( #adith Sahih.C The permission to use thin$s that suit women is supported by forbiddin$ them from handlin$ thin$s that $o a$ainst their femininity( such as men%s wear( mo"ement and beha"iour in $eneral. A woman is not to wear a man%s $arment: a man is not to wear a woman%s $arment. The Prophet =blessin$s and peace be upon him> saysA ?Allah condemns the man who dresses li)e a woman and the

woman who dresses li)e a man?. @ Transmitted by Abu #uraira( Abu Dawud =EK;B>: and Ahmad 9HI9<: and Ibn #ibban =8;KE>: and others.C For men to beha"e li)e women and women to beha"e li)e men is e!ually condemned by Al)ib. A$ain the Prophet =blessin$s and peace be upon him> says( ?Three =)inds of people> do not enter Paradise and do not en+oy Allah%s $a'e upon them on *ud$ement DayA a son who is disobedient to his parents( a mannish woman and an adulterer. @ Transmitted by Ahmad lbn 0mar and appro"ed by Shei)h Sha)er as Sahih =8GBK>: and Al1 isa%i <HBK: and Al1#a)im 8HF9 and others.C 91 Islam supports femininity in "iew of its relati"e wea)ness( placin$ it in the hands of a supportin$ man( securin$ the costs of li"in$ and the pro"ision for her needs. 6hether under the $uardian care of her father( her husband( her son or her brother( she will be pro"ided for by them as an obli$ation under the shar%a. o basic need should compel her then to wade in the une,plored stretches of life with its conflicts( within the hustle of competiti"e men to win her bread1somethin$ that has befallen the 6estern woman under se"ere necessity in which neither father( brother( son or uncle loo) after her. The result is that she has to accept any )ind of wor) for whate"er payment in order to sur"i"e. I1 Allah%s &eli$ion protects her morals and decency( $uards her reputation and di$nity( and defends her chastity a$ainst e"il thou$hts and ton$ues( and tries to foil temptin$ hands that see) to harm her. In order to achie"e these noble ob+ecti"es( Islam ma)es it incumbent on the woman to lower the eyes and preser"e chastity and purity. ?And tell the belie"in$ women to lower their $a'e =from loo)in$ at forbidden thin$s>( and protect their pri"ate parts =from ille$al se,ual acts etc>?. @Surah 9EAI8C Preser"e a decent( unre"ealin$ manner of dress and ornamentation( all without bein$ oppressi"e towards her. ?and not to show off their adornment e,cept that which is apparent and to draw their "eils all o"er *uyubihinna =we. their bodies( faces( nec)s( and bosoms( etc.> ? @ Surah 9EAI8C The "isible or apparent ornament that the "erse refers to has been interpreted to be inclusi"e of )ohl( the fin$er rin$( the face( the two hands and( some e,e$etes and +urisprudents establish( the two feet. @ At the time of the Prophet =blessin$s and peace be upon him>. it was customary for some women to co"er their face. The fle,ibility of Islam allows the woman the option of co"erin$ her face or not. =editor%s note>C Co"er the other attractions that do not show( such as the hair( nec) and throat( arms and le$s( from all people e,cept her husband( and her consan$uineous( non1marria$eable relations or mahrim @ Those persons whom the woman is forbidden to marry because of the pro,imity of the relation. =editor%s note>C =brothers( uncles etc.> whom she finds it hard to hide these afrom. ?and not to re"eal heir adornment e,cept to their husbands( fathers( their husbandLs fathers( their sons( their husband%s sons( their brothers or their brother%s sons( or their sister%s sons or their =5uslim> women =i.e. their sisters in Islam>( or the =female> sla"es whom their ri$ht hands possess( or old male ser"ants who lac) "i$our( or small children who ha"e no sense of the shame of se,?. @Surah 9EAI8C 5aintain staidness in $ait and speech. ?And let them not stamp their feet so as to re"eal what they hide of their adornment?. @Surah 9EAI8C and? if you )eep your duty =to Allah>(

then be not soft in speech( lest he in whose heart is a disease =of hypocrisy or e"il desire for adultery( etc.> should be mo"ed with desire( but spea) in an honourable manner. @Surah IIAI9C Therefore she is not =as some wron$ly understand> forbidden to spea): nor is her "oice a shameful thin$ to show. -n the contrary. She is commanded in the /uran to spea) in $ood faith. Be abo"e all acts meant to e,cite and tempt men in a way reminiscent of the showiness of Pre1/ur%anic i$norance or *ahiliyya. or in the manner of modern +ahiliyya. This showiness contradicts the conduct of a decent woman. A"oid bein$ in seclusion with a man who is neither a husband nor a non1marria$eable relation( so as to )eep a barrier between herself or the other man and all thou$hts of sin( and between her $ood name and false rumours. The Prophet =blessin$s and peace be upon him> says( ? o man should be in seclusion with a woman and no woman should tra"el e,cept with a non1marria$eable relation(? or her husband of course. A"oid male $atherin$s e,cept on the $rounds of necessity or an appreciable interest and only to the necessity or limit. Attendin$ the con$re$ational prayers in the mos!ue( see)in$ learnin$( co1operation in charity and promotion of piety are fields in which a woman%s presence with men is accepted so that she will not be depri"ed of her ri$ht to participate in ser"in$ her community( and only on condition that she obser"es the limits of the Islamic code on social life. 6ith these directions and re$ulations( Islam pro"ides safety for the woman and her femininity from impious ton$ues: it preser"es her decency and chastity by distancin$ her from all factors of de"iation. Islam $uards her honour a$ainst the slurs of slanderers and spreaders of calumny. Abo"e all( it protects her soul and calms her ner"es a$ainst the tension( instability and trepidation that sprin$ from wild ima$inations or obsessed hear torn between the factors of a$itation and e,citement. At the same time( islam protects the man from an,iety and aberration( the family from disinte$ration( and the society from collapse and decay. 3e$itimate 5i,in$ Between 5en and 6omen

Some words which ha"e e,isted in the lan$ua$e for a lon$ time ha"e ac!uired new si$nificance and e"en wei$ht. Amon$ these is the term ?mi,in$ =or min$lin$>?( which refers to mi,in$ of men and women in one place. Durin$ the A$e of the Prophet =blessin$s and peace he upon him>( the A$e of the Companions which succeeded it( and the a$e of their followers( 5uslim men and women met at different $atherin$s( reli$ious or otherwise( and this was not forbidden at all. 0nder the ri$ht circumstances and for $ood reasons( it was le$itimate and natural for them to meet. or was it called ?mi,in$? then. In our a$e( howe"er( the word has become "ery common. or do I )now when it came into use with the new connotations unsa"oury for 5uslim men and women( since mi,in$ one

thin$ with another su$$ests a dissolution( the way su$ar or salt is dissol"ed in water( a metaphor that would ha"e unpleasant su$$estions if applied to male1female relations. Anyway( the purpose is to point out that not e"ery )ind of socialisation is prohibited as some may ima$ine and as other hard1liners ar$ue. -n the other hand( not all forms of mi,in$ are acceptable as propa$ators of 6esterni'ation claim. In the second "olume of my boo) Contemporary 3e$al -pinions =Fataawa 5u%aserah>( I answer !uestions on this and se"eral other related matters such as $reetin$ women( handsha)in$( treatment of women by male doctors and the re"erse( in addition to other !uestions. A careful 5uslim should refer to these le$al opinions if he or she wants to learn about the rules of the Islamic teachin$s =shar%a>. #ere( ne"ertheless( I would li)e to ma)e the point that it is our duty to adhere to the best $uidance which is that of the Prophet 5ohammed =blessin$s and peace be upon him>( his ri$hteous successors and enli$htened Companions whose pious paths he recommends stic)in$ to( a"oidin$ the two e,treme routes of 6estern permissi"eness and se"ere Eastern asceticism. By e,aminin$ this $uidance of the Prophet =blessin$s and peace be upon him>( we find that the woman was not ca$ed or isolated as happened later durin$ the a$e of 5uslim abatement. The women attended the ma+or con$re$ational prayers on Fridays at the Prophet%s mos!ue( includin$ the ni$ht =Al1Esha> and dawn =Al1Fa+r> prayers. The Prophet =blessin$s and peace be upon him> would direct them to form rows behind the men rows( and the more to the bac) the better so that they would not see the sensiti"e parts of men%s bodies that mi$ht ha"e shown due to the fact that only a few were familiar with trousers and underwear( and there was no partition between the men and women. 5oreo"er( in the early sta$es of con$re$atin$ for prayer( men and women would $o throu$h the same entrance where crowdin$ would occur. The Prophet =blessin$s and peace be upon him> said( ?If only we left this entrance to the women?. @ Transmitted by Abu Dawud on the authority of Ibn 0mar =EG9> =EGI>.C So they allocated the entrance for them from that time on and it became )nown as the ?woman%s Entrance.? As for the Friday con$re$ation( women durin$ the Prophet%s Era attended the prayer and listened to the sermon to the e,tent that one of them could learn the Surah of because the Prophet =blessin$s and peace be upon him> recited it fre!uently from his position on the sermon pulpit. They also attended the two Bairam =a reli$ious celebration> con$re$ations and too) part in these bi$ Islamic celebrations that in"ol"ed all people( old and youn$( male and female( in the open outs)irts where they would chant the name of Allah. 0mLAteyya( a witness of the Prophet%s Era( said( ?6e were fre!uently instructed to $o out for the Bairams.? In another "ersion she said( ?The 5essen$er of Allah =blessin$s and peace be upon him> instructed us( the maids( and the ones in their menses to $o out. The women menstruatin$ would stay away from prayer and witness the $ood =of the day> and 5uslim%s prayer =to Allah>. So I said( L- 5essen$er of Allah( there may be one of us who does not ha"e a +ilbab =dress>.? #e replied( L3et her sister =in Islam> $i"e her one. @ Sahih 5uslim ?The Prayers of the Two Eids? =B;K>.C

This is one of the aspects of 5uslim life that are i$nored by 5uslims in most of their countries. Some( howe"er( such as the de"otional retreat in the last ten days of &amadan and the attendance of the Bairam con$re$ation by women( are in the process of comin$ bac) to life throu$h the efforts of the youth of the modern Islamic awa)enin$. 6omen always attended the teachin$ sessions of the Prophet =blessin$s and peace be upon him>. They would address aisha with the !uestions they found aw)ward or too bold to as). The Prophet%s wife( aisha =may Allah be pleased with her>( praised the women of the Ansar whose shyness did not pre"ent them from see)in$ )nowled$e of the reli$ion and as)in$ !uestions about ma+or issues such as impurity =full se, or e+aculation pre"entin$ one from performin$ some forms of worship>( ni$ht e+aculation( washin$ from impurity( menstruation and other such matters. This( howe"er( was not enou$h for them compared to the men%s completely enfoldin$ the Prophet =blessin$s and peace be upon him>: so they demanded a special day of teachin$ be allocated to them without "yin$ with a crowd of men( and said openly( ?5essen$er of Allah( the men ha"e ta)en complete possession of your company( so de"ote one of your days to us.? The Prophet =blessin$s and peace be upon him> promised to $i"e them a day and he preached and $a"e them instruction. @ Transmitted by Bu)hari in The 6orld =Al1 Alam> 8HIE on the authority of Abu Said.C This )ind of female acti"ism was also re"ealed durin$ battles when women ser"ed in the army with the mu+ahedeen =warriors who stru$$le to )eep Islam ali"e> in a way that suited them and brou$ht out the best of their abilities( such as attendin$ the wounded( $i"in$ medical aid( nursin$ the in+ured fi$hters( in addition to coo)in$( procurin$ water and the li)e. 0m LAteyya asserted( ?I went on se"en military e,peditions with the Prophet =$reetin$s and peace be upon him>: I would $uard the fi$hters( pro"isions( ma)e their food( treat the in+ured and nurse the ill ones?. @Transmitted by 5uslim =8B89>.C Anas( one of the Prophet%s Companions( narrates( ?-n the Day of 0hud(Laisha and 0m Salim( their slee"es rolled up( would carry water in s)in ba$s on their bac)s and empty the contents into the soldiers open mouths?. @Transmitted by 5uslim =8B88>.C The fact that Laisha was still in her teens renders incorrect the claim that female participation in military e,peditions and battles was confined to old women. &ealistically spea)in$( this defies lo$ic as such wor) would be unduly onerous for the a$ed when considerin$ the physical and psycholo$ical e,i$encies of war. In the same line( Imam Ahmad recalls( Lsi, belie"in$ women were in the army that besie$ed 2haibar( their tas) bein$ to hand arrows to the fi$hters( prepare food( procure water( treat the wounded( spin yarn and help in =the promotion of> the cause of Allah. E"entually( the Prophet =blessin$s and peace be upon him> allocated shares in the spoils to them. @Transmitted by Ahmad <89F8(FHIF8: And Abu Dawud =9F9;>.C It is also established that some of the Companion%s wi"es too) up arms in some e,peditions and battles. The deeds of 0m LImarah asba bint 2a%b on the Day of 0hud are well )nown and were of such effect as to ma)e the Prophet say( ?#er manner e,celled that of such and

such people.? -n the day of the Battle of #unain( 0m Salum( for her part( )ept a da$$er to stab any enemies who would come within her reach. This story is told a$ain by her son Anas( ?-n the Day of #unain( 0m Salum had a da$$er: when she was seen by her husband( Abu Talha( he told the Prophet( L5essen$er of Allah( 0m Salum is )eepin$ a da$$er with her.? 6hen the Prophet as)ed her about it she answered( LIt is to stab the abdomen of any of the Pa$ans who mi$ht come near me(? at which the Prophet lau$hed. @Transmitted by 5uslim =8BK;>.C But the women of the Prophet%s and Companion%s Eras had ambitions that went beyond the participation in the e,peditions into ad+acent areas. They were also )een to ta)e part in the 5uslim con!uests of distant lands to help disseminate the messa$e of Islam. Anas narrated( ?-ne day( the Prophet =blessin$s and peace be upon him> too) his siesta in the house of 0rn #iram. 6hen he wo)e up( he lau$hed. So she as)ed( L6hat ma)es you lau$h( Prophet of Allah7? The Prophet said( LI ha"e seen some people from my nation( who were out to fi$ht for the sa)e of Allah( ridin$ the sea. There were )in$s seated on their thrones.? So she replied( L- 5essen$er of Allah( pray to Allah that I may be one of them.? #e did. @Sahih 5uslim =8;89>C Durin$ the rei$n of L0thman =the third caliph>( 0m #iram set sail with her husband( 0bada ibn As1Samit( to Cyprus( where she was )illed while she was on horsebac) =in a battle> and was buried there( accordin$ to bio$raphers and chroniclers. A whole section is de"oted to hi$hli$htin$ woman%s roles in the battles and military e,peditions. In the sphere of social life( the 5uslim woman played her part( preachin$ of $ood deeds( en+oinin$ what is ri$ht and forbiddin$ e"il( in conformity with Allah%s statementA ?The belie"ers( men and women are ?Auliy(?=helpers( supporters( friends( protectors> of one another( they en+oin =on the people> what is ri$ht Al15aLruf =i.e. Islamic 5onotheism and all that Islam orders one to do>( and forbid =people> from Al15un)ar =i.e. polytheism and disbelief of all )inds( and all that Islam has forbidden>. @Surah ;AF8C A well1)nown story depicts a woman reasonin$ with L0mar =may Allah be pleased with him> in the mos!ue o"er the issue of the amount of bridal money paid to the bride. It also illustrates how L0mar =the third caliph>( bein$ con"inced of her ar$ument( re"ersed his opinion to that of hers in public. #is comment on this was ?e"erybody%s )nowled$e is better than mine?. @Tafsir Ibn 2athir 8HEGBC The story is cited by no less an authoritati"e re$ister than Ibn 2athir%s Tafsir( where Ibn 2athir states its ascription to L0mar is correct. In another "ersion LAbdul1&a'i! cites L0mar as sayin$ about himself( ?A woman debated with L0mar and outdid him in the debate. @ Tafsir Ibn 2athir FH8BKC Also durin$ his caliphate( L0mar appointed a woman( Al1Shifa bint Abdullah as the mar)et1place superintendent. By e,aminin$ the /ur%an%s discourse on woman%s affairs and by loo)in$ onto the li"es of the Prophets( we hardly find such an iron curtain( as is drawn by some people( between men and women. Thus in the prime of his youth( Prophet 5oses =peace be upon him> is depicted tal)in$ to the two dau$hters of the old man of 5adyan. #e as)s them !uestions and $ets their answers without any particular feelin$ of $uilt or embarrassment and ma$nanimously helps them. -ne of them returns soon after with an in"itation from her

father for 5oses to come to their house. -ne of them e"en su$$ests her father hire 5oses( as he is a stron$ and honest man. This is how the /urtan puts itA ?And when he arri"ed at the water of 5idian =5adyan> he found there a $roup of men waterin$ =their floc)s>( and beside them he found two women who were )eepin$ bac) =their floc)s>. #e said( ?6hat is the matter with you7? They said( ?6e cannot water =our floc)s> until the shepherds ta)e =their floc)s>. And our father is a "ery old man.? So he watered =their floc)s> for them( then he returned bac) to shade( and saidA ?5y 3ord7 Truly( lam in need of whate"er $ood you bestow upon meD? Then there came to him one of the two women( wal)in$ shyly. She saidA ?.erily( my father calls you that he may reward you for ha"in$ watered =our floc)s> for us.? So when he came to him and narrated the story( he saidA ?Fear you not. Mou ha"e escaped from the people who are Jalimun =polytheists( disbelie"ers( and wron$doers>.? And said one of them =the two women>A ?- my fatherD #ire himD .erily( the best of men for you to hire is the stron$( the trustworthy. @Surah 9BA9I1 9GC In the story of 5ary( e"ery time Jachariah comes to her chamber he finds much food( so he in!uires about itA ? E"ery time he entered Al15ihrab @A prayin$ place or pri"ate room.C =to "isit> her( he found her supplied with sustenance. #e saidA ?- 5aryD From where ha"e you $ot this7? She saidA ?From Allah? .erily Allah pro"ides sustenance to whom he wills( without limit. @Surah IAIFC Another story is that of the /ueen of Sheba( who is cited by the /ur%an as consultin$ her people about how they should respond to Solomon%s messa$e to herA ? She said( ?- chiefsD Ad"ise me in =this> case of mine. I decide no case till you are present with me.? They saidA ?6e ha"e $reat stren$th( and $reat ability for war( but it is for you to command: so thin) o"er what you we command.? She saidA ?.erilyD 2in$s( when they enter a town =country>( they despoil it( and ma)e the most honourable amon$st its people low. And thus they do. @Surah 9FAI91 IEC A3ater then she arri"es in Solomon%s palace( she con"erses with Solomon as follows ? So when she came( it was said =to her>A ?Is your throne li)e this7? She saidA ?=It is> as thou$h it were the "ery same.? And =Solomon said>A ?2nowled$e was bestowed on us before her( and we were submitted to Allah =in Islam as 5uslims before her>.? And that which she used to worship besides Allah has pre"ented here =from Islam>( for she was of a disbelie"in$ people. It was said to herA ?Enter As1Sarh? =a $lass surface with water underneath it>( but when she saw it( she thou$ht it was a pool( and she =tuc)ed up her clothes> unco"erin$ her le$s( Solomon saidA ?.erily( it is Sarh pa"ed smooth with slab of $lass.? She saidA ?5y lordD .erily( I ha"e wron$ed myself( and I submit =in Islam( to$ether with solomon>( to Allah( the 3ord of LAlamn =man)ind( +inns( and all that e,ists>. @ Surah 9FAE9 to EEC or is it ri$ht to say that the re"ealed codes of precedin$ nations do not apply to us( since their stories were only cited in the /ur%an for reflection and $uidance. #ence the correctness of the claim that the re"ealed code of precedin$ nations which is $i"en in the

/ur%an and the Sunna =traditions of the Prophet 5ohammed> is also a code for us as lon$ as no code of ours renders it null. Allah said to his 5essen$erA? They are those whom Allah had $uided. So follow their $uidance?. @Surah GA;KC 5oreo"er( the fact that in the early sta$e of Islam the initially re"ealed punishment for a woman who committed adultery was to confine her to a house until she died or until Allah made a way out for herA ?And those of your woman who commit ille$al se,ual intercourse( ta)e the e"idence of four witnesses from amon$st you a$ainst them: and if they testify( confine them =i.e. women> to houses until death comes to them or Allah ordains for them some =other> way. @Surah EA8<C meanin$ it is illo$ical from the point of "iew of the /ur%an( and Islam in $eneral( to ma)e house1confinement a characteristic of a decent and chaste 5uslim woman( which would be to punish her without any perpetration. 3ater( of course( the punishment chan$ed to flo$$in$ for the unmarried couple who commit adultery and stonin$ to death for the married ones In summation( the encounter of men and women is not prohibited in itself. /uite the contrary( it is allowable or e"en re!uired if done in pursuit of a noble cause li)e $ainin$ )nowled$e or performin$ $ood acts in which the +oint efforts of both men and women are necessary.

Pseudo1ar$uments for unrestricted mi,in$ This is the position of Islam on man1woman relations( and their common in"ol"ement on charitable and ri$hteous lines is what we call le$itimate mi,in$: yet ?intellectual imperialism? has mana$ed to create in our countries people who turn a deaf ear to the rulin$ of Allah and #is 5essen$er. These people call on us to $i"e the woman free rein to assert herself( promote her personality( en+oy her life and her femininity. They want her to mi, with men freely( e,perience them closely where they would be to$ether and alone( tra"el with them( $o to cinemas or dance till midni$ht to$ether. She is supposed to find the ?ri$ht man? from all those she has )nown. In this way( it is said( life is supposed to be more secure and ha"e $reater stability in the face ad"ersity. These people who may well be thin)in$ of themsel"es as unblemished seraphs( tell us not to worry about the man or woman as a result of this ?decent? communication( innocent friendship and upri$ht contact. The fre!uency of their contact will pacify desire. The two se,es will supposedly find satisfaction in the mere loo)( con"ersation or( in the e,treme( dancin$ to$ether( which is only a form of ele"atin$ artistic impression. Sensual pleasure would ha"e no place. It is a clean "ent for ener$y( nothin$ more. This is said to be what the ad"anced 6est did after they rid themsel"es of comple,es and pri"ation.

Pseudo1ar$uments dispro"ed

In answer to this line of thin)in$( we must say that we are 5uslims first and foremost. 6e do not sell our reli$ion in imitation of the "a$aries of 6esterners or Easterners. -ur reli$ion forbids us from promiscuous mi,in$ with its showiness and seducti"enessA ? Then we ha"e put you =- 5ohammed( blessin$s and peace be upon him> on a plain way of =-ur> commandment li)e the one 6e commanded -ur messen$ers before you =i.e. le$al ways and laws of the Islamic 5onotheism>. So follow you that =Islamic 5onotheism and its laws>( and follow not the desires of those who )now not. .erily( they can a"ail you nothin$ a$ainst Allah =if #e wants to punish you>. @Surah E<A8BC ? .erily( the Jalimun =polytheists( wron$doers( etc.> are ?A why( =protectors( helpers( etc.> to one another( but Allah is the 6ali =#elper( Protector( etc.> of the 5utta!un @i.e. pious and ri$hteous persons who fear Allah much =abstain from all )inds of sin and e"il deed which #e has forbidden> and lo"e Allah much =perform all )inds of $ood deeds which #e has ordained.>C? @Surah E<A8B18;C In addition( the 6est itself( enamoured by these ideas( is sufferin$ the conse!uences of dissipation and decayin$ morality that has corrupted its youth and doomed its ci"ilisation to ruin and collapse. In the 0nited States( in Sweden( and in other countries where se,ual freedom is the norm( statistics show that fe"erish lust is not alle"iated by freedom of tal) and contact( nor by whate"er may follow that. -n the contrary( the more people taste( the thirstier they become. It would be better if we studied the conse!uences of this freedom or what may as well be termed looseness and abandonment of "irtues and traditions in modern ci"ilised 6estern societies.

Effects of promiscuous mi,in$ umbers and e"ents that fill statistics and reports pro"ide a more con"incin$ indictment of this point. Se,ual freedom and the se,ual re"olution has borne its bitter fruit with the dissolution of the barriers separatin$ men and women and the resultant effects are set forth as follows.

5oral decay The conse!uences of se,ual promiscuity ha"e been the disinte$ration of morality characterised by the tyranny of desire and the triumph of bestiality o"er humanity( the loss of sense of chastity and any sense of shyness and reser"e by both men and women $i"in$ rise to an internally disturbed society. In a famous speech in 8;G9( President 2ennedy said that American youn$ people were loose( indul$ent and decadent: si, out of se"en youn$ men were not fit to +oin the army because they were up to their ears in lustfulness. #e warned a$ainst the ills of such youth leadin$ the country.

In a boo) by the #ar"ard &esearch Centre director( entitled The Se,ual &e"olution( the author firmly states the 0nited States is headin$ towards a catastrophic situation of se,ual anarchy( a)in to that of the &omans and 4ree)s. #e adds that Americans are beset the by dan$ers of se,ual intemperance that would o"erwhelm their culture and all aspects of their life. 6hile the communists were more reticent on these matters( and $eneral restrictions e,isted on media co"era$e( in 8;G9( 2hrushche" declared that the So"iet youth had de"iated and had been spoilt by lu,ury. #e threatened to open concentration camps in Siberia to rid the society of the decadent youth that posed a threat to the future of the So"iet 0nion.

Ille$itimate children The rapid increase in the numbers of ille$itimate children is directly related to the unlimited rein $i"en to desire and the remo"al of barriers between youn$ men and women. Statistics on the ratio of pre$nant school $irls in the 0nited States re"ealed dreadful dimension. In a newspaper report( one third of the infants born in 8;BI were ille$itimate. 5ost of them were born to youn$ women under nineteen. The total number of ille$itimate children was 889(I<I with a percenta$e of IFN of the births for that year.

Drops in 5arria$e &ates The a"ailability of se, without any liability of marria$e and family has led youth ta)e the route of spendin$ their youth between different partners( en+oyin$ chan$e without commitment to a ?monotonous life? and without ha"in$ to pro"ide the costs of a responsible married life and the liabilities of fatherhood. Thus a hu$e number of youn$ women are depri"ed of the opportunity to ha"e a husband( and settle with a modicum of peace and security( because of the illicit yearnin$s of easy relationships. Similarly( there are a lot of youn$ men who are also depri"ed of a peaceful life. Statistics published in the 0nited States show( for the first time since the be$innin$ of the century( the ma+ority of the inhabitants of San Francisco are celibate: fifty1three per cent are not married. For Bruce Chapman( who announced the findin$s( this was probably an indication of the obsolescence of the traditional family pattern. #e added that these social chan$es were $ood for the welfare of the city which had witnesses a forty per cent increase in the number of youth between twenty1fi"e and thirty1four durin$ the pre"ious ten years. This( howe"er( did not include the homose,uals of the city who constitute fifteen per cent of the population. In the face of the se,ual de$radation which is a predominant social phenomena on the 6estern world( it was natural for Swedish women to sta$e a 8KK(KKK1woman demonstration in protest a$ainst unlimited se,ual freedom. It must ha"e been woman%s institutes and awareness of their future life and where their interests lie that moti"ated them to or$anise such a hu$e protest.

#i$h Di"orce &ates and Destruction of the Family ot only is marria$e beset by many obstacles( it is also unsafe after its accomplishment. The family collapses and bonds brea) with occurrence of the sli$htest problem. In all 6estern countries( di"orce rates are s)yroc)etin$.

Spread of 3ethal Diseases The outbrea) of se,ually transmitted diseases( as well as neurotic( mental and psycholo$ical diseases( the spread of comple,es and disturbances that claim hundreds of thousands of patients are amon$ the ac)nowled$ed effects of se,ual promiscuity. -ne of the most dan$erous( and in many cases lethal diseases is AIDS( which is caused by the #I. "irus. This "irus is responsible for the body%s loss of immunity lea"in$ it "ulnerable to all factors of decay 5illions of people ha"e succumbed to this menace( a fact that pro"ides a modern piece of e"idence for the words of the Prophet 5ohammed =blessin$s and peace be upon him> that( ?3echery ne"er appears in a community( but with its proclamation( pla$ue and affliction appear throu$hout( which did not e,ist in by$one $enerations?. @ Tranmitted by Ibn 5a+ah on the authority of Ibn 0mar =EK8;> : Al1Jawa%ed( #adith Sahih: and Al1 #a)im and Al Dhahaby EH<EK( <E8 and others.C otwithstandin$ the neurosis and psycholo$ical disturbances which ha"e ta)en 6estern societies by storm and ha"e filled hospitals and asylums without patients. Freud and his followers in psychoanalysis ar$ued that the liftin$ traditional restrictions on se,ual instincts would relie"e the ner"es and consciousness( undo comple,es and $i"e souls a sense of comfort and ease. The restrictions ha"e been lifted( the desires ha"e been released and the complicated souls are only worse off: ner"es are tenser and an,iety is the disease of the a$e. ot e"en the openin$ of a million clinics ha"e helped. It is hard to belie"e this is the picture the proponents of unrestricted mi,in$ would li)e to see of us when Allah has protected us a$ainst its e"ils. -r is it only =that they do not )now7

The 6oman as 5other The first contact with a woman is with one%s mother( who suffers in the pre$nancy( deli"ery( nursin$ and rearin$ of her child. #istory does not recall a reli$ion or a system which honours the woman as a mother and which raises her as Islam does. Islam repeatedly commends the woman( and this comes directly after the command to worship and belie"e in the -neness of Allah. Allah has made

honourin$ one%s mother a "irtue( and #e puts forth the mother%s ri$ht o"er that of the father for what she endures in pre$nancy( deli"ery( nursin$ and raisin$ her children. This is stated and restated in the /ur%an( in multiple chapters( to imprint this notion in the child%s mind and heart as per the followin$ "ersesA ?And we ha"e en+oined on man =to be dutiful and $ood> to his parents. #is mother bore him in wea)ness and hardship upon wea)ness and hardship( and his weanin$ is in two years1$i"e than)s to 5e and your parents(1unto 5e is the final destination. @Surah I8A8EC and ?And 6e ha"e en+oined on man to be dutiful and )ind to his parents. #is mother bears him with hardship and she brin$s him forth with hardship( and the bearin$ of him( and the weanin$ of L+im is thirty =IK> months. @Surah EGA8<C A man came to the Prophet =blessin$s and peace be upon him> as)in$( ?6ho is most deser"in$ of my care7? #e said( ?Mour mother.? The man as)ed( ?Then who7? #e said( ?Mour mother.? The man as)ed( ?Then who7? #e said( Mour mother.? The man as)ed =the fourth time>( ?Then who7? #e said( ?Mour father. @ Transmitted by Bu)hari and 5uslim on the authority of Abu #uraira The Pearl and the Coral =Al13u%lu% wal15ar+an> =8G<9>C Al1Ba''ar recounts that a man was circumambulatin$ the 2a%bah carryin$ his mother. The Prophet =blessin$s and peace be upon him> as)ed him( ?#a"e you repaid her7? The man said( ? o( not e"en for one of her moans =i.e. one of the moans of labour( deli"ery and so on> @Transmitted by Al1Ba''ar =8BF9>C As to be $ood to her( it means treatin$ her well( respectin$ her( humblin$ oneself in front of her( obeyin$ her without disobeyin$ Allah( see)in$ her satisfaction and pleasure in all matters( e"en in a holy war. If it is optional( he must ha"e her permission( for bein$ $ood to her in a type of +ihad. @ *ihad is the stru$$le =physical( mental( psycholo$ical( spiritual( etc.> to preser"e the purity and practice of Islam. =editor%s note>C A man came to the Prophet =blessin$s and peace be upon him> and said( ?- 5essen$er of Allah( I want to fi$ht and I want your ad"ice.? #e as)ed him( ?#a"e you a mother7? The man said( ?Mes.? #e said( ?Do not lea"e her because Paradise is under her feet. @ Transmitted by Al1 isaai( GH88: Ibn 5a+ah( 8H9FB and Al1#a)im. It is amended and appro"ed by Al1Dhahaby( EH8<8( on the authority of 5uaaweya Ibn *ammah.C Some reli$ious laws before Islam ne$lected the mother%s relations( ma)in$ them insi$nificant. 6ith the ad"ent of Islam( it recommended carin$ for uncles and aunts( both on the father%s side and the mother%s. A man approached the Prophet =blessin$s and peace be upon him> and said( ?I committed an offence( could I atone for it7? #e as)ed( ?#a"e you $ot a mother7? The man said( ? o.? #e as)ed( ?#a"e you $ot a maternal aunt7? The man said( ?Mes.? The Prophet =blessin$s and peace be upon him> said( ?Be $ood to her. @ Transmitted by Termithy in ?&i$hteousness and &elations? =8;K<>: Ibn #ibban Charity =EI1Ehsan> =EI<>: and Al1#a)im who amended it on the terms of the two Shei)hs( a$reed upon by Al1Dhahaby( EH8<<( all on the authority of 0mar.C It is ama'in$ that Islam commanded us to be $ood to a mother e"en thou$h she is an unbelie"erD Asma%a bint Abu Ba)r as)ed the Prophet =blessin$s and peace be upon him>

about her relationship to her unbelie"in$ mother who had come to her. #e said( ?Mes( be on $ood terms with your mother?. @Transmitted on the authority of Asmaa =a$reed upon>( The Pearl and the Coral =Al13u%lu% wal15ar+an> =<BF>.C An indication that Islam cares for motherhood( for the ri$hts of mothers and their feelin$s is that a di"orced mother has $reater ri$hts and is worthier of loo)in$ after her children than the father. LAbdallah ibn LAmr ibn Al1as transmitted that a woman as)ed( ?- 5essen$er of Allah( this son of mine had my womb as a container( my breasts for drin)in$( my lap to contain him. #is father has ta)en him from me.? The Prophet =blessin$s and peace be upon him> said( ?Mou ha"e more ri$ht if you do not marry?. @Transmitted by Ahmad in Al 5usnad =GFKF>. Shei)h Sha)er said its authenticity is correct. Transmitted also by Abu Dawud.C Imam Al12hataby said in 3andmar)s of Traditions =5aalem As1Sunna>A ?Container? is the name of the place that contains a thin$. This means that the mother is worthier as she and the father shared in the be$ettin$ of the child( then she was sin$led out for such thin$s as nursin$ which the father had no share in. Therefore she deser"es to be the first when it comes to disputes about the child. -n the authenticity of Ibn LAbbas who said( ?L0mar ibn Al12hattab di"orced his wife from Al1Ansar( the mother of LAsim. #e met her carryin$ the child in 5ahser =a mar)et1 place between /uba and 5edina>. The child was weaned and could wal). L0mar held out his hand to ta)e the child from her and disputed about it till the boy cried out in pain. L0mar said( ?I am worthier of my son than you ?They complained to Abu Ba)r( whose "erdict was that the mother should )eep the child. #e said( ?#er scent( her bed( and her lap are better for him than yours until he $rows up and chooses for himself ?. @ 3andmar)s of Traditions =5aalem as1Sunna> =98B8>.C The mother who is cherished that much by Islam and $i"en all these ri$hts has a tas) to perform. She has to ta)e care of her children( raise them well( implant "irtues( and ma)e them loathe e"il. She has to teach them to obey Allah( encoura$e them to defend what is truthful( not dissuade them from fi$htin$ for the sa)e of Allah =one form of +ihad> because of the motherly sentiments in her heart but to fa"our the correct way o"er sentiment. 6e saw a belie"in$ mother( Al12hansaa( in the Battle of /adesseyah elo!uently ur$in$ her four sons to be bra"e and steadfast. Then as soon as the battle was o"er and the news of their four deaths came to her( she did not wail and carry on but said with certainty and contentment( ?Praise be to Allah who honoured me with their martyrdom for #is faith.?

Immortal mothers -ut of /ur%anic $uidance( we ha"e been supplied wit superb e,amples of $ood mothers who had influence and position in the history of the faith in Allah. 5oses? mother( for e,ample( responded to Allah%s inspiration and callin$ when she cast the apple of her eye

into the ri"er( assured of Allah%s promiseA ?And 6e inspired the mother of 5oses( =sayin$>A Lsuc)le him =5oses>( but when you fear for him( then cast him into the ri"er and fear not( nor $rie"e. .erilyD 6e shall brin$ him bac) for you( and shall ma)e him one of =-ur> 5essen$ers.? @Surah 9BAFC There is also 5ary%s mother( who promised what she had in her womb to be de"oted to Allah( to be pure of any polytheism or worship of anythin$ other than Allah. She prayed to Allah to accept her "owA ?so accept =this>( from me. .erily( Mou are the All1#earer( the All1 2nowin$?. @ Surah IAI<C 6hen the child turned out to be a female( which she had not e,pected( it did not pre"ent her from fulfillin$ her "ow( as)in$ Allah to protect her from all e"ilA ?and I see) refu$e with Mou =Allah> for her and for her offsprin$ from Satan( the outcast? @ Surah IAIGC 5oreo"er( the /ur%an has made 5ary =may Allah be pleased with her>( dau$hter of LImran and mother of the Prophet *esus =peace be upon him>( an e,ample of purity( humility to Allah and of faith in #is word. ?And 5ary( the dau$hter of LImran who $uarded her chastity: and 6e breathed into =the slee"e of her shirt or her $arment> throu$h -ur ?&uh? =i.e. 4abriel>( and she testified to the truth of the 6ords of her 3ord =belie"ed in the 6ords of Allah ?BeD and he was: that is *esus1son of 5ary:1as a 5essen$er of Allah>( and =also belie"ed in> #is Scriptures( and she was of the /anitun =i.e. obedient to Allah>. @ Surah GGA89C

The 6oman as Dau$hter In pre1Islamic times( the Arabs used to be disheartened and annoyed with the birth of $irls( so that a father( when informed his wife had $i"en birth to a $irl( said( ?By Allah she is not as blissful as a son: her defence is cryin$ and her care is but stealin$D? #e meant she could not defend her father and her family e,cept by screamin$ and cryin$( not by fi$htin$ and carryin$ arms. She also cannot be $ood to them and care for them e,cept by ta)in$ from her husband%s money to $i"e to her family. Their traditions allowed the father to bury his dau$hter ali"e for actual po"erty( or for e,pected po"erty( or out of fear of a dis$race she mi$ht brin$ upon them when she $rew up. In that conte,t( the /ur%an says( denouncin$ and dero$atin$ themA ?And when the female =infant> buried ali"e =as the pa$an Arabs used to do> shall be !uestioned. For what sin was she )illed7 @Surah B8AB1;C The /ur%an also describes the condition of fathers when dau$hters are bornA ?And when the news of =the birth of> a female =child> is brou$ht to any of them( his face becomes dar)( and he is filled with inward $rief D #e hides himself from the people because of the e"il of that whereof he has been informed. Shall he )eep her with dishonour or bury her in the earth7 Certainly( e"il is their decision?. @ Surah 8GA<B1<;C Some ancient laws $a"e the father the ri$ht to sell his dau$hter if he wished( while others allowed him to hand her to another man who would either )ill her or own her if the father )illed the other man%s dau$hter.

6hen Islam was re"ealed( it decreed a dau$hter1li)e a son1was a $ift from Allah( to be $ranted to whome"er Allah wishes of #is worshippersA ?#e bestows female =offsprin$> upon whom #e will( and bestows male =offsprin$> upon whom #e will -r #e bestows both male and females( and #e renders barren whom #e wills. .erily( #e is the All12nower and is Able to do all thin$s. @ Surah E9 A E; 1 <KC The /ur%an has illustrated in its parables how some of the dau$hters could be more remar)able in their influence and more immortal in memories than many male offsprin$. 6e ha"e a $ood e,ample in the story of 5ary( dau$hter of LImran( who was chosen by Allah from all other women and purified. #er mother who bore her had wished the child to be a male to ser"e Allah and to be of the ri$hteousA ?=&emember> when the wife of LImran saidA ?- 5y 3ordD I ha"e "owed to Mou what =the child that> is in my womb to be dedicated for Mour ser"ices =from all worldly wor): to ser"e Mour Place of worship>( so accept this( from me. .erily( Mou are the All1#earer( the All12nowin$.? Then when she deli"ered her =child 5ary>( she saidA ?- 5y 3ordD I ha"e deli"ered a female child( ?1And Allah )new better what she deli"ered(1 ?And the male is not li)e the female( and I ha"e named her 5ary( and I see) refu$e with Mou =Allah> for her and for her offsprin$ from Satan( the outcast.? So her 3ord =Allah> accepted her with a $oodly acceptance. #e made her $row in a $ood manner. @ Surah IAI< 1 IFC The /ur%an led an uncompromisin$ campai$n a$ainst those cruel people who )ill children1whether male or female. Allah says in the /ur%anA ? Indeed lost are those who ha"e )illed their children from folly( without )nowled$e?. @Surah GA8EKC And #e saysA ? And )ill not your children from fear of po"erty. 6e pro"ide for them and for you. Surely( the )illin$ of them is a $reat sin. @Surah 8FAI8C The Prophet =blessin$s and peace be upon him> of Islam made Paradise the recompense of e"ery father who conducts himself well with his dau$hters( has patience in raisin$ them( pro"ides their moral education( and obser"es Allah%s commands concernin$ them until they come of a$e or until his . The Prophet =blessin$s and peace be upon him> made the place of the father in Paradise ne,t to him. 5uslim has transmitted on the authority of AnasA ?the Prophet =blessin$s and peace be upon him> said( L6hoe"er sustained and protected two sla"e1$irls until they came of a$e( on the Day of *ud$ement( he and I will be and then he put his two fin$ers to$ether.? It was phrased by Al1Termithy in the followin$ mannerA ?6hoe"er sustained and protected two sla"e1$irls( he and I will enter Paradise li)e these and lie +oined his forefin$er to the ne,t fin$er.? Ibn LAbbas transmitted that the Prophet =blessin$s and peace be upon him> said( ?A 5uslim who has two dau$hters whom he treats well when they accompany him or when he accompanies them is admitted to Paradise?. @ Transmitted by Bu)hari in Al Adab Al 5ufrad =FF>: Ibn Abu Sheiba( BH<<8: Ahmad which is corrected by Shei)h Sha)er =98KE>: Ibn 5a+ah =IGFK>: and others.C Some prophetic traditions stated that such a recompense1i.e. admittance to Paradise1is also $ranted to the brother who sustains and protects his sisters =two or more>. -ther traditions

stated that these hea"enly rewards are $ranted to anyone who treats the female se, well( e"en if she is one. -n the authority of Abu #urairaA ?The Prophet =blessin$s and peace be upon him> said( L6hoe"er had three dau$hters and showed patience in their )eepin$( their pleasure and displeasure( Allah admits him to Paradise for his mercy o"er them. A man as)ed( LAnd what about two dau$hters( - 5essen$er of Allah7 #e said( LAnd two dau$hters as well.? Another as)ed( L- 5essen$er of Allah( what about one dau$hter7? #e said( LAnd one dau$hter as well?. @ Transmitted and its authority amended by Al1#a)im( a$reed upon by Al1Jahaby( EH8FGC Ibn LAbbas recounted( ?6hoe"er had a female who was not buried nor insulted by him( and had not preferred his male children to her( Allah admits him to Paradise. @ Transmitted by Abu Dawud( <H<8EG: and Al1#a)im who corrected it EH8FF( appro"ed by Al1Dhahaby.C In Lisha%s narration which is transmitted by the two shei)hs( the Prophet =$reetin$s and peace be upon him> said( ?6hoe"er suffers any mishap due to )eepin$ his $irls( but still treats them well( they will be protection for him from the Fire of #ell. @ The Pearl and the Coral =Al13u%lu% wal15ar+an>( as appro"ed by the two Shei)hs =8GBB>C 6ith these open and authentic te,ts( with the enhanced and repeated $ood news( the birth of $irls is no lon$er a fearful burden nor is it a bad omen. -n the contrary( it is a blessin$ to be than)ed for and a mercy to be desired and re!uested because it is a blessin$ of the Almi$hty and a reward to be $ained. In that way Islam nullified fore"er the custom of buryin$ $irls who now ha"e a $reat place in the heart of the father.This is shown in what the Prophet =$reetin$s and peace be upon him> says about his dau$hter Fatima( ?Fatima is part of me: what ma)es her an$ry( ma)es me an$ry?. @ Transmitted by Al1Bu)hari on the authority of Al15asur ibn 5a)rama( The Concise Comprehensi"e Boo) of Sound #adith =Sahih al1*ame% as1Sa$heer> and its supplement =E8BB>.C And( ?Fatima is part of me( what ma)es me sad( ma)es her sad( and what pleases me( pleases her?. @ Transmitted by Ahmad( Al1Tabrany and Al1#a)im on the authority of Al15asur as well. Ibid. =E8B;>. See Ahmad EHI9I(II9: Al Tabrany 9KH9<: Al1 #a)im IH8<B who amended its authority which was appro"ed by Al1Jahaby.C And ?Lsurely my dau$hter is part of me: I fear what fri$htens her( and I am harmed by what harms her?. @ Transmitted by all the si,. See The Concise Boo) of Traditions =5u)htassar As1 Sunna>by Al15un'ery( #adith =8;BF>.C 6e feel the effect of this in Islamic literature( as a poet says in the followin$ linesA But for the soft $irls in cats? downy fur( 6ho ha"e ta)en their smoothness( I would ha"e been in $reat( $reat trouble -n this "ast earth and wide. Surely when our children are amon$ us( They are the apples of our eyes sur"eyin$ the earth: If the wind blows on any of them( 5y eyes will ne"er close.

As to the father%s control o"er his dau$hter( it does not e,ceed the limits of moral education( e,actly as her brothers. #e as)s her to pray when she is se"en( but raps her if she does not pray when she reaches ten. #e has to separate her and her brothers at that a$e @ They should not sleep to$ether in the same bed or bathe to$ether as little children do.C and obli$es her to follow the Islamic code of conduct in dressin$( adornment( $oin$ out and tal)in$. #er up)eep is obli$atory on him accordin$ to his reli$ion and law until she marries. #e does not ha"e the power to sell her or ma)e her the property of another man by any means. Islam has annulled the sellin$ of free persons( whether male or female( in any form. If a freeman bou$ht or owned a dau$hter who had been a sla"e for another( she should be freed as soon as he owned her( whether he li)es it or not( accordin$ to Islamic 3aw. If the dau$hter has her own money( the father should )eep it for her. A father is forbidden to marry his dau$hter to another man in e,chan$e for bein$ allowed to marry that man%s dau$hter( which is called in +urisprudence as a ?"acant marria$e? due to its lac) of dower( which is the ri$ht of the dau$hter( not the father. In addition( the father has not $ot the ri$ht to marry his dau$hter to a man she hates and does not appro"e of. #e must ha"e her opinion of the man she is $oin$ to marry( whether she a$rees or disa$rees. If she has been married before( she has to utter her consent clearly. If she is a "ir$in and o"ercome by shyness( it is enou$h to listen to her silence( which is a si$n of consent. If she says( ? o(? then he has no power to force her to marry someone she does not want. The two shei)hs ha"e transmitted on the authority of Abu #uraira( ?A widow cannot marry unless she $i"es her consent( nor the "ir$in until she is as)ed permission. They as)ed( - 5essen$er of Allah( how can she $i"e her permission7 #e said( By her silence?. @A$reed upon The Pearl and the Coral =Al13u%lu% wal15ar+an> =B;<>C They also transmitted on the authority of L isha who said( ?I as)ed the 5essen$er of Allah( LAre women as)ed their affairs7? #e said( LMes.? I said( LThe "ir$in when she is as)ed feels shy and remains silentD? #e said( L#er silence is her permission?. @A$reed upon The Pearl and the Coral =Al13u%lu% wal15ar+an> =B;<>C For that reason the learned say that the "ir$in should )now that her silence is permission. -n the authority of 2hansaa? bint 2haddam Al1Ansari saidA ?her father $ot her married thou$h she was not a "ir$in( and she hated her marria$e. 6hen she went to the Prophet =$reetin$s and peace be upon him>( he annulled the marria$e. @Transmitted by all e,cept 5uslim.C -n the authority of Ibn LAbbas( a "ir$in $irl came to the 5essen$er of Allah and mentioned her father $ot her married while she was unwillin$. The Prophet =$reetin$s and peace be upon him> $a"e her the choice. @ Transmitted by Ahmad =9EG;>( amended by Shei)h Sha))er: Abu Dawud =9KG;>: Ibn 5a+ah =8BF<> and Ad1Dara!atny "ol.I( =<G>C From these Traditions =#adith>( we ha"e an indication that the father is not distin$uished from another as he is obli$ed to as) his dau$hter and it is a necessity to ha"e her appro"al. Accordin$ to Sahih 5uslim and others( ?A "ir$in is as)ed(? which means she must $i"e her permission and appro"al. -n the authority of LAisha( a $irl came to her sayin$( ? 5y father married me to his nephew to raise himself =in status> throu$h his mean act( and I am unwillin$.? isha said( Lsit until the Prophet comes.? She told him and he sent for her father who $a"e her the choice. She said(

?- 5essen$er of Allah( I appro"ed of what my father did but I wanted to )now if woman had any word in the affairA?. @ Transmitted by Al1 isaai in the Boo) of 5arria$e( chapter LThe .ir$in is 5arried 0nwillin$ly by her Father: G8BG1F.C -b"iously( the Prophetic Traditions illustrate permission for both the "ir$in and the woman who was married before as a condition of the marria$e contract. If the father or the person in char$e marries the widow or di"orcee without her permission( the contract is in"alid and re"ocable( as in the story of Al12hansaa bint 2haddam. As to the "ir$in( she has the ri$ht to choose: if she wishes( she $i"es her permission: if not she refuses( which annuls the contract( as in one of he pre"ious Stories. @See ail Al1Awtar( GH9<E19<GC 6hat is of $reat interest is that Islamic 3aw commands the consultation of the mother in the marria$e of her dau$hter so the marria$e can be completed to the satisfaction of all concerned parties. -n the authority of Ibn L0mar( the Prophet =$reetin$s and peace be upon him> said( ?Ta)e woman%s permission about their dau$hters?. @ Transmitted by Ahmad and ascribed to Ibn 0mar =E;K<>: researched by Ahmad Sha)er( Abu Dawud =9K;<>: and others.C In this conte,t( Iman Abu Sulaiman Al12attaby has some "aluable remar)s to add( as comment on this #adith( in his boo) 3andmar) of Traditions =5aalem as1Sunna>( which should be con"eyed for their moral sense and inte$rity. #e writesA The counsel of mothers in the affairs of their dau$hters is not because they ha"e a say in the marria$e contract( but it is also that the dau$hters feel secure and ha"e intimate relationships with their mothers( which is lon$er lastin$ for companionship and more effecti"e in brin$in$ their dau$hters and their husbands to$ether( if the principle of the contract is based on the mutual satisfaction and desire of mothers and dau$hters. But if it is other than that( one would not $et away safely from their harmin$ effect = i.e. rousin$ dau$hters a$ainst their husbands>( and the potential cause of ad"ersity to fall upon them. 5oreo"er( mothers are closer to their dau$hters: they listen more to what they say. For these reasons( their consultation concernin$ the marria$e of their dau$hters is appreciated and Allah is more )nowled$eable. #e addsA It could be for another reason in addition to what is mentioned. A woman mi$ht come to )now throu$h her special relation with her dau$hter and throu$h her pri"ate con"ersation with her a matter which could in"alidate the marria$e contract. It could be due to an illness which ma)es her unable to perform her duties as a wife. For this reason( the Prophet%s words( ?The "ir$in should not be married e,cept throu$h her permission which is silence?( as she mi$ht be shy to disclose her a$reement and to show her desire in the marria$e. Therefore her silence indicates her bein$ free from a deficiency that pre"ents intercourse( or a reason which is only )nown to her and which does not permit marria$e. And Allah Almi$hty is more )nowin$. @ See The Concise Boo) of Traditions =5o)htasser As1Sunna> by Al15un'ery: The 3andmar)s of Traditions =5aalem As1Sunna> by Al1 2hattab: Edification by Ibn Al1/ayyim IHI;( researched by Ahmad Sha)er and 5ohammed #amid Al1Fi!y.C 6e add here that the mother may )now from her dau$hter%s secrets that her heart is tied to someone else. If that person proposes and is suitable( then he should ha"e the priority( as in the #adith( ? othin$ is better for those in lo"e than marria$e?. @ Transmitted on the

authority of Ibn Abbas( Ibn 5a+ah =8BEF>: Al1#a)im and corrected on 5uslim%s term 9H8GK( a$reed upon by Al1Dhahaby and Al1Baiha!i FHFB: Al1Tabrany( Tammam and others. It is mentioned by Al1Albany in the ?authentic ones? =G9E>.C If the father has no ri$ht to marry his dau$hter to one she does not li)e( he has the ri$ht that his dau$hter should not $et married without his permission( accordin$ to the #adith by Abu 5usa( ? o marria$e without the $uardian(? and for the #adith @ Transmitted by Abu Dawud =9KB<>: Al1Termithy =88K8>: Ibn 5a+ah =8BB8>: Ahmad EHI;E(E8I( E8B. -ther words mentioned in the #adith are transmitted by Al15un'ery in The Concise Boo) of Traditions =5o)htasser As1Sunna>( and by Ibn Al1/ayyim( see #adith =9KKK>.C on the authority of LAisha( ?Any woman who marries without the permission of her $uardian( and her marria$e is "oid.? This was said three times. @ Transmitted by Abu Dawud =9KBI> and =9KBE>: Al1Termithy =88K9> who impro"ed it: and Ibn 5a+ah =8BF;>.C Abu #anifa and his companions belie"e that a $irl has the ri$ht to marry herself( e"en without her father%s permission or that of the $uardian( on the condition that the husband is suitable for her. The abo"e #adith is not mentioned in their writin$( but they illustrate it in their "iews by what is found in the /ur%an referrin$ to marria$eA ?do not pre"ent them from marryin$ their former husbandsuntil she has married another husband? there is no sin for you if they =the wi"es> dispose of themsel"es in a +ust and honourable manner =i.e. they can marry>.? In these "erses and in others( marria$e is attributed to women. Allah forbids pre"entin$ a women from see)in$ marria$e as it is a ri$ht which she is capable of mana$in$( and so it should be accepted of her. Abu #anifa put as a condition that her marria$e has to be to a suitable husband( otherwise the responsible persons ha"e the ri$ht to ob+ect. In the case of a woman marryin$ with the permission of the $uardian but without his attendance( it is permitted by some +urists thou$h the $eneral consensus puts the presence of the $uardian as a condition( otherwise her marria$e is "oid.

The )nowled$eable Ibn /ud( ma saidA If the contract is "alidated by a ruler( it is not allowed to be annulled. The +ud$e here has a special pointA the contract is annulled when it is a$ainst a te,t. The ruler has the priority because it is a ne$otiable matter( and so his "erdict is not annulled( e,actly as $i"in$ the ri$ht of pre1emption for the nei$hbour. The te,t =i.e. ? o marria$e without the $uardian?> has been interpreted "ariously and is appro"ed by some and ob+ected to by some. This is accordin$ to Ibn /ud(ma%s deep )nowled$e and fairness( may Allah be pleased with him. #owe"er( to be tactful and discrete( the marria$e should be accomplished with the a$reement of all parties concerned( the father( mother and dau$hter( so as not to lea"e the opportunity for $ossip( enmity( and !uarrellin$( whereas Allah has le$islated marria$e to promote lo"e and mercy.

It is re!uired of the father to choose for his dau$hter a $ood man who ma)es her happy and who finds happiness in her company. The father should concentrate on the man%s morals and faith( not on materialistic and earthly matters. #e should not put obstacles in the way of the marria$e if a suitable man proposes. The #adith says( ?If the person who satisfies you in morals and faith comes to you( let him marry =your dau$hter>. If you do not( you will create sedition on the earth and widespread corruption?. @ Transmitted by Al1 Termithy =8KBE>: Ibn 5a+ah =8;GF>: Al1#a)im whose amendment was accepted by Al1 Dhahaby 9H8G< on the authority of Abu #uraira: Al Baiha!i FHB9 on the authority of Abu #atim Al15a'ay: Ibn Adeyy on the authority of Ibn 0mar impro"ed in The Concise Comprehensi"e Boo) of Sound #adith =Sahih al 1*ame% as1Sa$heer> and its supplement =9FK>.C Thus( Islam has tau$ht the father that his dau$hter is a ? human bein$? before anythin$ else. She is not a ?commodity? to be offered and $i"en to the one who pays more( as in the case of many i$norant and $reedy fathers continue this practice until today. The #adith says( ?It is the $ood fortune of a woman to facilitate her en$a$ement( to facilitate her dower( and to ease her womb1i.e. her deli"ery?. @ Transmitted by Ahmad GHFF: Ibn #ayyan =EK;<>: 1#a)im 9H8B8 who amended it on 5uslim%s terms and appro"ed by Al1 Dhahaby( on the authority of isha and impro"ed in The Concise Comprehensi"e Boo) of Sound #adith =Sahih al 1*ame% as1Sa$heer> and its supplement =99I<>.C The 6oman as 6ife

Accordin$ to some ancient beliefs( a woman was consi$n impure bein$ created by Satan. -ne should( therefore( escape from her and turn to a monastic life of self1denial. -thers considered the wife to be an instrument of pleasure for man( a coo) for his food or a ser"ant to his house. Islam came to abolish the monastic state of life and retirement from the world. It ur$es marria$e and considers the state of marria$e as one of the si$ns and proofs of Allah in the uni"erseA ?And amon$ #is si$ns is this( that #e created for you wi"es from amon$ yoursel"es( that you may find repose in them( and #e has put between you affection and mercy. .erily( in that are indeed si$ns for a people who reflect?. @Surah IKA98C 6hen a $roup of companions wanted to retire from worldly life and de"ote themsel"es to the worship of Allah( fastin$ the whole day( spendin$ the whole ni$ht in worship and desertin$ women( the Prophet =$reetin$s and peace be upon him> denounced their life sayin$( ?Are you the people who said such a thin$7 By Allah I am the most fearin$ of 4od amon$ you( the most pious( but I fast and then brea) my fast( I wa)e up at ni$ht to worship Allah and I sleep( and I marry. 6hoe"er does not follow my way =Sunna>( he is not one of us?. @ Transmitted by Al1Bu)hari and 5uslim on the authority of Anas The Pearl and the Coral =Al13u%lu% wal15ar+an> 9HBB<C Islam has made a $ood wife the best treasure a man can ha"e in his life( after belief in Allah and followin$ #is commands. She is considered the )ey to happiness. Accordin$ to the #adith( ?the Prophet =$reetin$s and peace be upon him> told L0mar( shall I tell you the

best a man can treasure7 It is a $ood wife. If he loo)s at her( she $i"es him pleasure: if he orders her( she obeys: and if he is away from her( she remains faithful to him?. @ Transmitted by Abu Dawud in the authority of Ibn Abbas in ?Ja)at 9H8GGE: Al1#a)im who amended it 9HIII( appro"ed by Al1Dhahaby.C The Prophet =$reetin$s and peace be upon him> said( ?The world is deli$htful and its $reatest treasure is a $ood woman?. @Transmitted by 5uslim on the authority of Abdullah Ibn Amr =8EGF>.C #e also said( ?6hoe"er is $ranted a $ood wife( he is helped to follow half his reli$ion( let him obey 4od in the second half?. @ Transmitted by #a)im who amended it on the authority of Anas 9H8G8( appro"ed by Al1Dhahaby and reiterated by Al15un'ery in Inducin$ and Intimidatin$ =Al1Tar$heeb wal1Tarheeb>. See The Selected =Al15unta!a> 8888K8. It is also related to Al1Tabrany in Al1Awsat as well as Al1#athamy in AI15a+mu% E89F9. Abd Ar1 &ahman did not )now the transmitter on the authority of Anas( Al1#a)im )new it was Al1 -!ba Al1A'ra!i( reiterated by Al1Dhahaby and mentioned by Al1Albany in The Authentic Traditions =G9<>.C #e also said( ?There are three thin$s that cause happiness and three thin$s that create misery for the human bein$. A $ood wife( a $ood house( and $ood transport cause happiness. A bad woman( a bad house and bad transport cause his misery?. @ Transmitted by Ahmad( Al1Ba''ar and Al1Tabrany in Al12abr wal1Awsat on the authority of Saad Ibn Abi 6a!!as( as Al1#athamy said in Al15a+ma% E89F9. It is mentioned by Al15un'ery in Inducin$ and Intimidatin$ =Al1Tar$heeb wal1Tarheeb>( who said it was transmitted by Ahmad throu$h authentic support and by Al1Tabrany( Al1 Ba''ar and Al1#a)im who amended it.C The Prophet =$reetin$s and peace be upon him> also said( ?Four thin$s if $ranted to any person( he is $ranted the best of the world and the afterlifeA a than)ful heart( a ton$ue that mentions Allah( a body that patiently endures misfortune( and a wife that does not see) his betrayal or his money. @Al1#aythamy said EH9FI it was transmitted by Al1Tabrany( .o.88=889F<> in Al12abr wal1Awsat on the authority of Ibn Abbas.C In another "ersion( ?does not see) sinnin$ a$ainst him ? Islam raised the importance of the woman as a wife and considers her fulfilment of matrimonial duties as +ihad =stru$$le for the sa)e of Allah>. Al1Tabrany transmitted on the authority of Ibn LAbbas( may Allah be pleased with them( the followin$ #adithA ?A woman came to the Prophet =$reetin$s and peace be upon him> and said( L- 5essen$er of Allah( I am the woman%s messen$er to you. There is no woman amon$ them1who )nows it1but none of them wishes my comin$ to you.? She then presented her case and said( LAllah is the 3ord of men and women( and is their 4od( and you are Allah%s messen$er unto men and women. Fi$htin$ for Allah =*ihad> is meant for men: if they succeed( they ta)e their due and if they die martyrs( they are ali"e =in the afterlife>and are pro"ided for by Allah. So( what e!uals their deeds in our obedience to Allah7? #e said( ?-bey your husbands and perform your duties. A few of you do that. @Al1#aythamy in 5a+ma% Al1Jawaaed EHIK<( IKG: it is transmitted by Al1Tabrany: and Al1Ba''ar transmitted a similar #adith.C Islam has declared ri$hts of the wife on the husband( and has not made her a mere puppet. -n the contrary( it establishes for her more than a protector and obser"erA firstly( by $i"in$ her the 5uslim%s faith and piety: secondly( the conscience of the society and of its wa)efulness: thirdly( a 3aw and commitment to it. The first of her ri$hts is a dower( which Islam obli$es the man to $i"e to the woman as a symbol of his desire( in marryin$ her and of wantin$ her. Allah saysA ?And $i"e to the

women =whom you marry> their 5ahr =obli$atory bridal money $i"en by the husband to his wife at the time of marria$e> with a $ood heart( but if they( of their own $ood pleasure remit a part of it to you( ta)e it( and en+oy it without fear of any harm =as Allah has made it lawful>?. @Surah EAEC The e,pression ?with a $ood heart? si$nifies the dower as a $ift and is not a price or in return for the pleasure he $ets from her( as some people ha"e insisted. So( where can we find this in other ci"ilisations( where a woman pays a sum of her own money thou$h( by nature( the man re!uests her more than she re!uests him7 The second of her ri$hts is maintenance. The husband is re!uired to pro"ide his wife with food( clothes( a place to li"e and medical treatment accordin$ to his en"ironment( conditions and income. The wealthy ha"e their own measure( whereas the poor ha"e theirs. The Prophet =$reetin$s and peace be upon him> said statin$ the ri$hts of women( ?Mou are obli$ed to pro"ide them with food and clothes honourably?. @ Transmitted by Abu Dawud =8;K<>: Ibn 5a+ah =IKFE>: Al1Doramy in 2ittab Al15annish p.EEK on the authority of *abber: Ahmad <HFI on the authority of Abu 4ara Al1&a!ashi%s uncle.C #onourably here means what is con"entional accordin$ to people of faith and honour( without e,tra"a$ance or meanness. The Almi$hty saidA ?3et the rich man spend accordin$ to his means( and the man whose resources are restricted( let him spend accordin$ to what Allah has $i"en him. Allah puts no burden on any person beyond what #e has $i"en him?. @Surah G<AFC The third ri$ht is li"in$ with them honourably. The Almi$hty saidA ?And li"e with them honourably?. @Surah EA8;C It is a collecti"e ri$ht which is comprised of all around $ood treatment in all aspects of the husbandHwife relationship such as $ood manners( a fle,ible attitude( sweet words( a smilin$ face( a pleasin$ playfulness and an amusin$ mien( etc. The Prophet =$reetin$s and peace be upon him> said( ?The most faithful belie"ers are the best in manners and the most $entle of their own people?. @Transmitted by Al1Termithy on the authority of Abu #uraira =88G9>.C Ibn #ibban transmitted on the authority of L isha that the Prophet said( ?The best of you is he who is the best to his family( and I am the best to my family?. @Transmitted by Ibn #ibban Charity =El1Ehsan> .ol. ; =E8FF>.C The actual bio$raphy of the Prophet =$reetin$s and peace be upon him> has pro"ed his $entleness towards his people( his e,cellent conduct with his wi"es( to the e,tent that he used to help them with their house)eepin$. The e,tent of his playfulness is shown when he raced L isha twice: she won the race once and he won the second time. #e then said( ?Tit for tat?. @Transmitted by Ibn 5a+ah =8;FG> on the authority of isha.C In return for these ri$hts( a wife is obli$ed to obey her husband in e"erythin$ e,cept disobeyin$ Allah. She is obli$ed to ta)e care of his money( not to spend it e,cept with his permission: and of his house( not to allow anyone in( e"en thou$h they be a relati"e( e,cept after as)in$ him. Such duties are not too burdensome( nor unfair( in return for her ri$hts. Therefore( e"ery ri$ht has a duty in return. It is fair of Islam that it did not ma)e all the

duties a woman%s concern nor a man%s concern. 4od Almi$hty saysA ? And they =women> ha"e ri$hts =o"er their husbands as re$ards li"in$ e,penses( etc.> similar =to those of their husbands> o"er them =as re$ards obedience and respect( etc.> to what is reasonable?. @Surah 9A99BC Therefore( women ha"e as many ri$hts as they ha"e duties to perform. -f the laudable words transmitted are those tellin$ of Ibn LAbbas standin$ in front of a loo)in$ $lass to strai$hten his appearance and arran$e his ornamentation. 6hen he was as)ed about it( he said( ?I adorn myself for my wife as she does for me.? Then he recited the noble "erseA ?And they ha"e ri$hts =o"er them> similar to what is reasonable. @Surah 9A99B. This is a wonderful e,ample illustratin$ the deep /ur%anic )nowled$e of the Companions( may Allah be pleased with them all.

Independence of the wife Islam does not i$nore the personality of any woman because of her marria$e( as in some cultures which attach the woman to her husband in addition to $i"in$ her his name. Islam has )ept the distinct( independent personality of the woman as it is( and that is the reason we )now the 5essen$er%s wi"es by their own names. In addition( her ci"il personality is not diminished by marria$e( nor does it lose its eli$ibility for ma)in$ contracts( etc. She can sell and buy( rent her properties( buy properties( donate some of her money( $i"e charity( deputise and dispute. These are matters attained only recently by the western woman( thou$h she is still restricted in some countries by the husband%s will. Di"orce

The missionary and orientalist in"asion of the pre"ious a$e focused its attac) on two issues meant to decry the Islamic attitude concernin$ women. These are di"orce and poly$amy( thou$h in fact they are two of the $ood thin$s Islam is proud of. It is unfortunate( indeed( that when these two issues are discussed amon$ some 5uslims( they refer to them as two problems of the family and society. They spea) of them in a way that dispara$es our $reat Islam and its outstandin$ 3aw. The fact is( Islam did not ma)e laws re$ardin$ these two issues e,cept to cure many problems in the life of men and women as well as in the life of the family and society. The $enuine problem is in misunderstandin$ what Allah has pecreed( or in misapplyin$ it. If anythin$ is misused( it leads to pernicious disser"ice.

6hy did Islam le$islate di"orce7 ot e"ery di"orce is commendable in Islam. Some cases of di"orce are disli)ed or e"en forbidden because they entail destruction of the family( which Islam ta)es care to build and form. That is why it is recounted in the tradition which was transmitted throu$h Abu Dawud( ?The most hateful halal =permissible thin$> to Allah is di"orce?. @Surah 9A8K9C o wonder the $lorious /ur%an li)ens the separation between man and his wife to the wor) of heretic sorcerers( as the Almi$hty saysA ?And from these people learn that by which they cause separation between man and his wife?. @Surah EA8IKC Di"orce accordin$ to Islamic 3aw is similar to a painful sur$ery: the sane human bein$ endures the pains of his wound( e"en an amputation( in order to protect the remainin$ parts of the body to )eep away $reater in+ury. If the a"ersion between husband and wife is undiminished( and the means of reconciliation and attempts by reconcilin$ parties fail to brin$ them to$ether( di"orce then is the bitter medicine which has no alternati"e. This is the reason why if there can be no reconciliation( there is di"orce. The 4lorious /ur%an says( ?But if they separate =by di"orce>( Allah will pro"ide abundance for e"eryone of the them from #is Bounty?. @Surah EA8IKC 6hat Islam decrees here is what is dictated by reason( wisdom( and 5uslims? interests. It is totally illo$ical and unnatural to force( by the power of law( a life partnership on partners who do not feel comfortable with each other and do not trust each other. -n the contrary( they under$o feelin$s of repu$nance: they hate each other and cannot tolerate li"in$ with each other. To force such a life by the power of law is a se"ere punishment( undeser"ed by man e,cept for committin$ a ma+or crime. It is worse than life imprisonment and is certainly li)e the unendurable hell. In olden times a wise man said( ?-ne of the $reat calamities is to li"e with someone who does not a$ree with you( but does not lea"e you.? Abu Al1Tayyeb Al15utanaby saidA -f the distressin$ matters in the world for the freeman( Is to percei"e the ine"itability of befriendin$ a foe. If that is said about a companion one meets one or more times a wee)( for perhaps an hour or se"eral hours a day( what about a wife who stays at his home( who is "ery close to him and is the partner of his life7

3imitin$ the circle of di"orce #owe"er( Islam has established a number of principles( teachin$s( and rules which( if followed and used with discretion( would lessen the need for di"orce and limit its scope to a $reat e,tent. Some of these are consideredA 81 To ma)e a $ood choice of a wife( payin$ more attention to her reli$ion and morals than her money( wealth and beauty. The Prophet =blessin$s and peace be upon him> said( ?A woman is married for four attributes( for her money( her family name( her beauty and her reli$ion. 4et the reli$ious one and you will be comfortable?. @ 5utafa! aley =a$reed upon> on the authority of Abu #uraira The Pearl and the Coral =Al13u%lu% wal15ar+an> =;9B>.C

To behold the intended fiancee before the marria$e contract to be reassured of the e,tent of her beauty in his own eyes and of her place in his heart( as this early "iew is the messen$er of warmth and affection. For that reason( the 5essen$er =blessin$s and peace be upon him> said to a man who intended to marry a certain woman( ?4o and behold her( for it is more li)ely it will lead to harmony between you?. @ See The Concise Comprehensi"e Boo) of Sound #adith =Sahih Al1*ame% As1Sa$heer> and its supplement =B<;>.C i.e.( it will brin$ about warmth and harmony. This prophetic command( ?Behold her(? if it does not indicate obli$ation( it certainly indicates preference. The #adiths =prophetic traditions> referrin$ to the same meanin$ are numerous. *abber said about the woman he married( ?I used to hide underneath a tree till I saw of her what led me to marry her?. 0nfortunately( there are some 5uslims( especially in the 4ulf re$ion( who percei"e the man%s beholdin$ his intended fiancee as an unprincipled act. Therefore( he does not see her e,cept on the weddin$ day( thou$h she may be a school or uni"ersity student who $oes to the mar)et and is seen by all the people e,cept her fiancO. In contrast( there are those who allow the man to sit alone with his intended fiancee and allow them to $o out to$ether and fre!uent cinemas( etc. Thus( what is correct is lost between two e,tremes of e,a$$eration and licentious beha"iour. I1 For the interested woman and her $uardians to choose a husband of noble character and to prefer the one whose faith and morals are satisfactory. 6e ha"e already mentioned the followin$ #adith( ?If the man who satisfis you in faith and morals comes to you( let him marry =your dau$hter>.? The predecessors said( ?6hen you $et your dau$hter married( let her marry a man of faith: if he lo"es her( he will treat her nobly( and if he hates her( he will not be unfair?. E1 A woman%s appro"al of the one who proposes is a condition of marria$e. It is ne"er allowed to force a woman to marry a person she does not want. The Prophet =blessin$s and peace be upon him> dissol"ed the marria$e of a woman who was married by force. <1 To consider the satisfaction and appro"al of the woman%s $uardian as obli$atory or preferable( so that a woman does not marry while her people disappro"e of the marria$e or are dissatisfied with her( which would lead to estran$ement between her and her family. Such estran$ement mi$ht also be reflected on her married life and ha"e a $reat effect on it. G1To consult mothers about the marria$e of their dau$hters in order that the marria$e may be based on stable $round to the satisfaction of all parties. It is transmitted that the Prophet =blessin$s and peace be upon him> said( ?As) women about their dau$hters(? as has already been mentioned in the #adith and in the speech of Imam Al12hattb in his report. F1 It is necessary to li"e to$ether in marria$e throu$h mutual understandin$( pointin$ out the details of ri$hts and duties e,chan$ed between the married couple( awa)enin$ the faithful consciences to adhere to Allah%s 3aws and to fear and obey Allah by followin$ #is 3aws. The husband and wife each ha"e duties in return for his or her ri$hts. A 5uslim is

supposed to perform his or her duties before as)in$ for his or her ri$hts. The Almi$hty saysA ?And they =women> ha"e ri$hts =o"er their husbands as re$ards li"in$ e,penses( etc.> similar =to those of their husbands> o"er them as re$ards obedience and respect( etc.( to what is reasonable. @Surah 9A99BC B1 To persuade the husband to be realistic so as not to see) perfection in his wife( but to consider her merits as well as her wea) points. If he disli)es one trait( he will find another to satisfy him. In the #adith( ? o belie"er should loathe a woman who belie"es in Allah: if he hates one of her manners( he is satisfied with another?. @ Transmitted by Ahmad and 5uslim on the authenticity of Abu #uraira( -p. cit. =FFE8>C ;1 To as) the husband to use his reason and consider the $eneral welfare of all in"ol"ed if he feels a fomentin$ hatred towards his wife. #e should not hasten to yield to his emotion and should hope Allah chan$es his ur$e to somethin$ $ood. The Almi$hty saysA ?And li"e with them honourably. If you disli)e them( it may be that you disli)e a thin$ and Allah brin$s throu$h it a $reat deal of $ood?. @Surah EA8;C 8K1 To command the husband to treat his disobedient( unruly wife with wisdom( pro$ressin$ bit by bit from leniency( without wea)ness( to firmness( without "iolence. The Almi$hty saysA ?As to those women on whose part you see ill1conduct( admonish them =first>( =ne,t>( refuse them to share beds( =and last> beat them =li$htly( if it is useful>( but if they return to obedience( see) not a$ainst them means =of annoyance>. Surely Allah is E"er 5ost #i$h( 5ost 4reat?. @Surah EAIEC 88 1 To command the society to intercede when there is a breach between the husband and wife with a family council of the trustworthy persons of his relati"es and hers( in an attempt to mend( reconcile and resol"e the e,istin$ crisis throu$h peaceful means. The Almi$hty has saidA ?If you fear a breach between them twain( appoint =two> arbitrators one from his family and the other from hers: if they both wish for peace( Allah will cause their reconciliation. Indeed Allah is E"er All12nower( 6ell1A!uatinted with all thin$s?. @Surah EAI<C These are the teachin$s of Islam. If 5uslims follow them and )eep them( di"orce will be $reatly limited.

6hen and how does di"orce ta)e place7 Islam( howe"er( does not decree di"orce at all times nor in all cases. Di"orce is permissible( accordin$ to the /ur%an and the Sunna =prophetic traditions> when the man is not hasty and chooses a suitable time. For instance( he should not di"orce his wife when she has her menstrual period( nor when she is purified of her menses if he has had intercourse with her. @ That is( if she is purifies of her menses =i.e. between her periods> and he had had intercourse with her( he should not di"orce her until she has completed her ne,t menstrual period. This will ensure she is not pre$nant. =editor%s note>C If he did( his di"orce would not

be accordin$ to the teachin$ =Sunna> of the Prophet and would be forbidden. Some +urisprudents ha"e $one so far as to say the di"orce is not "alid then because it does not follow what the Prophet =blessin$s and peace be upon him> has commanded us to do. In the authentic #adith( ?6hoe"er did what we did not command( his deed is in"alid?. @Transmitted by 5uslim =8F8B> on the authority of isha.C The man should be sober( in a well1balanced and +udicious state. If he is not fully conscious( or forced( or in a state of wrath which causes him $o beyond his intention and ima$ination and utter what he does not want to say( it is not considered "alid. @ Transmitted by Abu Dawud =98;I> and Ibn 5a+ah =9KEG> on the authority of1 isha.C The noble #adith says( ? o di"orce in blind ra$e.? Abu Dawud interpreted it to mean ?an$er(? while another interpreted it to mean ?by force.? Both are correct. #e should ha"e the intention to di"orce his wife and to be actually separated from her. But if he ma)es of the di"orce an oath to swear with( blac)mail or threaten( it will be in"alid( as some ancient scholars ha"e said. This is reiterated by the well1"ersed +urists Ibn Al1/ayyim and his Shei)h Ibn Taymeya. If such types of di"orce are not "alid( what remains is the intended( premeditated di"orce which is reflected upon and studied by the husband before approachin$ it( and which he sees as the sole cure for an unbearable life. This di"orce is described by Ibn LAbbas as ?the di"orce which is only accordin$ to an aim =an intention>. @ 5entioned by Al1Bu)hari in Section 88( ?Boo) of Di"orce? =GH8GB> on the authority of Ibn Abbas.C

After di"orce #owe"er( when di"orce ta)es place( it does not utterly cut off the marria$e tie and ma)e it irremediable. -n the contrary( as mentioned in the /ur%an( di"orce $i"es e"ery di"orced man two chances to $o bac) and redeem the situation. If the di"orces occur one after another( and if the two times do not succeed in chan$in$ their minds( the third di"orce is the final and decisi"e one( after which the di"orce cannot return to him unless she has first been married to another man =and widowed or di"orced from him>. Therefore( puttin$ the three chances $i"en by Allah in one utterance is a$ainst the decree of the /ur%an. That is what is indicated and illustrated by the Shei)h of Islam Ibn Taymeya and his disciple Al1/ayyim( and what the Islamic 3aw courts accept in se"eral Arab countries. #owe"er( di"orce does not depri"e the di"orced woman from ta)in$ maintenance durin$ the le$islated period that she stays without marria$e =Liddah>. @ Iddah is a waitin$ period. Its duration is usually =a> until she $i"es birth if she is pre$nant( or =b> three menstrual cycles if she has re$ular periods( or three calendar months if she no menses. For details and e,ceptions( consult a boo) of Islamic +urisprudence =Fi!uh>. Durin$ the iddah the woman is not free to marry anyone else. If it is a re"ersible di"orce( her husband may choose to ta)e

her bac) at any time durin$ the iddah. If he does not ta)e her bac) after the waitin$ period( the di"orce is final and the woman is free to marry someone else( or she may $o bac) to her husband with a new marria$e contract( and he must Pay her a new dower. =editor%s note>C Di"orce does not allow the husband to dismiss her from her home( but forces the husband to let her stay in her house with him =in the same house>: perhaps sentiments would return( hearts be purified and ur$es renewedA ?it may be that Allah will afterward brin$ some new thin$ to pass =i.e. to return her bac) to you if that was the first or second di"orce>?. @Surah G<A8C 5oreo"er( didoes not allow the man to consume the woman%s dower or ta)e bac) what was $i"en beforeA ?And it is not lawful for you =men> to ta)e bac) any of your 5ahr =bridal money $i"en by the husband to his wife at the time of marria$e> =from your wi"es> which you ha"e $i"en them?. @Surah 9A99;C She also has the ri$ht of mut%a( the amount of which can be decided the social con"entions. ? And for di"orced women( maintenance =should be pro"ided> on reasonable =scale>. This is a duty on Al15uta!een =the pious>?. @Surah 9A9E8C That is somethin$ $eneral for e"ery di"orced woman to appease and compensate her. @ 5uta is compensation or $ift made in a lump sum rather than on1$oin$ maintenance. =editor%s note>C It is also forbidden for the di"orced man to spread rumours about his e,1wife or to scandalise her or offend her or her family after di"orceA ?either you retain her on reasonable terms or release her with )indness? @Surah 9A99;C ?And do not for$et liberality between yoursel"es?. @Surah 9A9IFC That is di"orce as decreed by Islam. It is a cure as it should be( at the ri$ht time( in the ri$ht measure( in the ri$ht style and with the ri$ht aim. -n the other hand( Christianity has totally forbidden di"orce for Catholics: e,cept in the case of adultery( it is also forbidden by the -rthodo, Church. Their reason is that what is united by Allah =whom they call 4od> cannot be separated =di"orced> by man. As for 5uslims( they belie"e that Allah unites and #e is the -ne 6ho separates =di"orces> throu$h #is decreed 3aws. Allah ma)es 3aws for #is worshippers accordin$ to what is in their interest( and #e is the -ne 6ho )nows them better. The result is that many Christians ha"e abandoned what is forbidden( which ha"e obli$ed most Christian countries to set local laws allowin$ di"orce without the restrictions( ties and morals of Islam. It is no wonder that many now $et di"orced for the most tri"ial reasons( and their married li"es ha"e been sub+ected to de$eneration and collapse.

6hy is di"orce initiated by the man7 They as)( ?6hy is di"orce initiated by the man alone7? The reply is that the man is the one in char$e of the family and is its bac)bone. #e is the one who pays the dower and what follows until the establishment of the family is built on his own shoulders. Therefore( it is

"ery hard for him to destroy that establishment e,cept for powerful reasons and ine"itable necessities which would ma)e him sacrifice all these e,penses and absorb these losses. A man may be less hasty as he is less affected by emotions. As for the woman( she can be "ery affected by emotions( especially durin$ the menses. 6hat is more( it may not be in the parties? interests to lea"e the di"orce to a court because not all the reasons for di"orce are meant to be public( to be transmitted by lawyers and writers to become the sub+ect of $ossip on e"eryone%s ton$ue. Met( in the 6est di"orce is achie"ed throu$h court. This does not lessen di"orce( nor does the court stand in the way of the man and woman who see) di"orce.

#ow can an a"erse wife di"orce her husband This is an important !uestion for a $reat number of peopleA ?LIf di"orce is initiated by the man1and we already )now the reasons and +ustifications for this1what( then( is decreed concernin$ a woman%s initiatin$ a di"orce7 6hat is her way to $et rid of the in+ustice of the husband if she loathes life with him for his harsh temper( his ill conduct( or for not performin$ his duties in an ob"ious way7 -r there could also be physical or financial impotence which pre"ents him from fulfillin$ these duties( or other reasons. The answer is that the *udicious 3aw15a)er =i.e. Allah> has made se"eral outlets for the woman throu$h which she can o"ercome her dilemmaA 8 1 #er condition in the marria$e contract to ha"e di"orce in her hands( which is eli$ible accordin$ to Abu #anifa and Ahmad. In the authentic #adith( ?The truest condition is that which you made lawful( to ha"e physical intercourse?. @ 5utafa! aley =a$reed upon> accordin$ 0!ba Ibn Amer( The Pearl and the Coral =Al13u%lu% wal15ar+an> =9HB;E>.C 91 By payin$ a ransom =2hul%>. A woman who disli)es her husband can ransom herself by repayin$ what she too) as a dower and thin$s li)e that. It is not fair of her to be the one who wishes for the di"orce and the destruction of the marria$e bond: and then the husband becomes the only loser. Almi$hty Allah saysA? Then if you fear that they would not be able to )eep the limits ordained by Allah( then there is no sin for either of them of she $i"es bac) =the mahr or part of it> for her al1)hul% =di"orce>?. @Surah 9A99;C Accordin$ to the prophetic traditions( Thabet Ibn /ais%s wife complained to the Prophet =blessin$s and peace be upon him> of her stron$ loathin$ of her husband. The Prophet =blessin$s and peace be upon him> as)ed her( ?6ould you $i"e bac) his orchard7%81which was her dower.1 She answered( ?Mes.? The Prophet =blessin$s and peace be upon him> ordered Thabet to ta)e bac) his orchard and nothin$ more. #e as)ed the husband to utter one irre"ersible repudiation?. @ Transmitted by Al1Bu)hari =GH8FK>. ?Boo) of Di"orce? di"ision 889( on the authority of lbn Abbas.C I1 Di"orce throu$h two arbitrators when there is a breach between husband and wife. Allah has saidA ?If you fear a breach between them twain =the man and his wife> appoint

=two> arbitrators( one from his family and the other from hers: if they both wish for peace( Allah will cause their reconciliation?. @Surah EAI<C The /ur%an%s callin$ that family council the ?arbitrators? indicates that the two selected persons ha"e the ri$ht to +ud$e and decide. Some of the Prophet%s Companions said to the arbitrators( ?If you wish to unite them( then do so: and if you wish to di"orce them( then do so.? E1 Di"orce for physicalimpotence. If the husband has a wea)ness which depri"es him of ha"in$ se,ual intercourse( the wife can raise the matter to court for a di"orce in order to pre"ent any harm touchin$ her. In Islam( there should not be harm or any harmin$ effect on others. <1 Di"orce for in+ury fallin$ on the wife. If the husband harmed his wife and hurt her( restricted her unfairly( such as by refusin$ to sustain her( for e,ample( she can as) the +ud$e to di"orce her. In such a case( the +ud$e will force a di"orce to put an end to harm and in+ustice on her. The Almi$hty saysA ? But do not ta)e them bac) to hurt them?. @Surah 9A9I8C The Almi$hty also saysA ?either you retain her on reasonable terms or release her with )indness?. @Surah 9A99;C -ne of the in+uries befallin$ a wife is to be struc) without pro"ocation. And some scholars of Islam ha"e $one so far as to di"orce a wife from her poor husband if he failed to sustain her and she as)ed for di"orce. Islamic 3aw does not commit her to be patient when it comes to hun$er with a poor husband if she does not accept it out of loyalty and nobility. 6ith these outlets( Islam has opened many doors for a woman to be liberated from the cruelty of some husbands and their bein$ domineerin$ without ha"in$ the ri$ht to be. @ See ?The &i$ht of the A"erse 6ife in my boo) Contemporary 3e$al -pinions =Fataawa 5u%aserah>( 9HIG81IGGC The laws laid down by men may be a$ainst the ri$hts of women( but the 3aw decreed by Allah( the Creator of men and women( is a 3aw "oid of in+ustice or pre+udice. It is perfect +usticeA ?And who is better in +ud$ement than Allah for a people who ha"e firm Faith?. @Surah EA89;C

The abuse of usin$ di"orce It remains to say that a $reat number of 5uslims ha"e abused di"orce and ha"e set it in the wron$ place( ma)in$ of it a sword pointed at a wife%s nec). They ha"e used it as an oath to swear with about e"erythin$ $reat or small. 5oreo"er( many +urisprudents ha"e widened the scope of di"orce( e"en to include the di"orce of the drun)ard and the one in wrath( and also the forced one( thou$h the #adith says( ? o di"orce in blind ra$e?. @ Transmitted by

Abu Dawud 1 his own wordin$ 1 =I8II>( Al1Termithy =88E8>( Al1 isa%i( FHGI( Ibn 5a+ah =8;G;>( Al1Doramy p.<I;( and Ahmad( 9HIEF(EF8. All on the authority of Abu #uraira.C Ibn LAbbas says( ?Di"orce is only accordin$ to an aim =an intention>.? But they ta)e seriously the three times a man mentions di"orce in one utterance in a state of an$er( meant to be a threat in a fi$ht outside the house( thou$h he is totally happy and satisfied with his wife #owe"er( what is indicated in the te,ts and the intentions of the for$i"in$ nature of the Islamic 3aw( in order to establish a family and protect it( is to narrow the scope of di"orce. It is not "alid e,cept by a certain utterance( at a certain time( with a certain intention. 6e owe this to Allah: that is what Imam Al1Bu)hari and other predecessors percei"ed( and which has been confirmed by Ibn Taymeya and Al1/ayyim and others. This e,presses the spirit of Islam. As to miscomprehension or misapplication of the rules of Islam( it is the responsibility of 5uslims not of Islam. Poly$amy

5issionaries and orientalists treat the sub+ect of poly$amy as if it were one of the rites of Islam( or one of its duties( or at least a desirable practice in Islam. This is an inaccuracy or a misconception. The o"erwhelmin$ norm of marria$e( for a 5uslim( is to marry one woman to be his solace( the +oy of his heart( the )eeper of his house( and the one to trust with his secrets. Thus( !uietude( lo"e( and mercy( the foundation of married life accordin$ to the /ur%an( would support them. Therefore( the learned say( ?It is disli)ed for a man who has a wife who is chaste and modest and who is enou$h for him to marry another. This will sub+ect him to what is forbidden.? The Almi$hty saysA ?Mou will ne"er be able to do perfect +ustice between wi"es e"en if it is your ardent desire( so do not incline too much to one of them =by $i"in$ her more of your time and pro"ision> so as to lea"e the other han$in$ =i.e. neither di"orced nor married>?. @Surah EA89;C The Prophet =blessin$s and peace be upon him> said( ?The man who had two wi"es and was inclined towards one of them will come on the Day of *ud$ement bent to one side?. @ Transmitted by Abu Dawud 1 his own wordin$ 1 =I8II>( Al Termithy =88E8>( A1 isa%i( FHGI( Ibn 5a+ah =8;G;>( Al1Doramy p.<I;( and Ahmad( 9HIEF( EF8. All on the authority of Abu #uraira.C As for the man who is unable to sustain a second wife( or who is afraid of not bein$ fair @ The obli$atory fairness is to treat them e!ually in maintenance( clothin$ and housin$. #e is forbidden to $o to the one on the ni$ht de"oted to the other e,cept out of e,pedience such as a crisis or $ra"e illness. #e is also forbidden to $o there in the day time e,cept for necessity such as a "isit for a harmless illness( or to in!uire about a certain matter he needs. If he does not stay lon$( there is no e,piation because it is a sli$ht matter. If he stays or has his lust consumed( he should e,piate by $oin$ to the one he treated unfairly and stayin$ at her place the same time he stayed with the first woman. That is what is decided as an elucidation of the obli$atory +ustice.C to both of them( it is for bidden for him to marry another. The Almi$hty saysA? but if you fear that you shall not be able to deal +ustly =with them>( then only one?. @Surah EAIC

Thou$h it preferable for a man to ha"e only one wife to a"oid slips and out of fear of troubles in this world as well as punishment on the Day of *ud$ement( there are other humane considerations for the indi"idual and society1which we will mention1that made Islam allow the 5uslim to marry more than one wife. This is because Islam is the reli$ion which conforms to sound naturalness and treats reality with out escape( e,a$$eration or fantasy.

Poly$amy in olden times and in Islam Some people tal) about poly$amy as if Islam was the first to permit it. This is incorrect and a dismissal of history. 5any nations and reli$ions before Islam had allowed marryin$ a $reat number of women( tens of them( e"en a hundred( without any conditions or limitations. The -ld Testament mentioned that Da"id had three hundred women and that Solomon had se"en hundred( some of whom were wi"es( while others were concubines. 6ith the ad"ent of Islam( a condition and a limitation were laid on poly$amy. The limitation made the ma,imum number of wi"es four. 4hilan Ibn Salma became a 5uslim while he had ten women( so the Prophet =blessin$s and peace be upon him> said to him( ?Choose four of them and lea"e =di"orce> the others?. @ Transmitted by Al1Termithy =889B> and Ibn 5a+ah =8;<I> -n the authority of Ibn %0marC The same thin$ happened to those who embraced Islam while ha"in$ ei$ht or fi"e wi"es: they were ordered by the Prophet =blessin$s and peace be upon him> not to )eep more than four. As for the marria$e of the Prophet =blessin$s and peace be upon him> to nine women( it was somethin$ restricted and specified by Allah for him for the Islamic call and for the nation%s need of them after his passin$ away. #e li"ed most of his life with one wife( 2hadi+ah( may Allah be pleased with her. That was a $lorification by Allah of the Prophet%s wi"es( who chose the way of Allah( #is Prophet =blessin$s and peace be upon him> and the afterlife. Therefore( Allah forbade him to marry any others nor to choose another instead of one of his wi"es. The Almi$hty saysA ?It is not lawful for you =to marry other> women after this( nor to chan$e them for other wi"es e"en thou$h their beauty attracts you?. @Surah IIA<9C

Fairness is a condition of poly$amy As for the condition set forth by Islam for poly$amy( it is the self1confidence of the 5uslim to be fair in his treatment to his two wi"es in food( drin)( clothin$( housin$ and sustenance. If one is not sure of his ability to fulfil such duties e!uitably and fairly( he is forbidden to marry more than one wife. Allah saysA ? But if you fear that you shall not be able to deal +ustly =with them>( then only one?. @Surah EAIC The Prophet =blessin$s and peace be upon

him> said( ?6hoe"er has two wi"es and is more inclined towards one of them( he will come on the Day of *ud$ement dra$$in$ one of his sides while it is droopin$?. @ Transmitted by Abu Dawud 1 his own wordin$ =I8II>( Al1Termithy =88E8>( Al1 isa%i( FHGI( Ibn 5a+ah =8;G;>( Al1Doramy p.<I;( and Ahmad( 9HIEF( EF8. All on the authority of Abu #uraira.C The inclination which the #adith warns us of ta)es place when he o"erloo)s her ri$hts and not when he merely inclines in feelin$s toward her( which is part of the e!uity that is not possible and which is for$i"en by Allah. The Almi$hty saysA ? Mou will ne"er be able to do perfect +ustice between wi"es e"en if it is your ardent desire( so do not incline too much to one of them =by $i"in$ her more of your time and pro"ision>?. @Surah EA89;C For this reason( the Prophet =blessin$s and peace be upon him> used to di"ide e!uitably between his wi"es and say( ?Allah( that is my di"ision as it is in my power to do so. Do not blame me for what Mou ha"e and I ha"e not. @ Transmitted by Abu Dawud =98IE>( Al1Termithy =88EK>( Ibn 5a+ah =8;F8>( Al1Doramy Boo) of 5arria$e p.<EK( and Ahmad GH8EE on the authority of isha.C By what he had not $ot ( he meant feelin$s and inclination towards one of them in particular. 6hene"er he used to tra"el( he turned to drawin$ lots: the one whose arrow appeared would accompany him. #e resorted to that in order to a"oid +ealousy and to satisfy them all. Islam is the last word of Allah by which all #is messa$es are concluded =sealed>. Therefore( it came with a $eneral and eternal 3aw to embrace all nations( all a$es and all people. Islam has not made laws for the urban while o"erloo)in$ the rural( nor for the cold re$ions and not the hot ones( or "ice "ersa: nor for a certain a$e while i$norin$ the rest of the a$es and the other $enerations. Islam appreciates the importance of indi"iduals as well as communities. A man could ha"e a stron$ desire to ha"e children but find him self married to a wife who is childless because of infertility or illness( or any other reason. 6ould it not be more respectable and better for her if he married another to realise his wish while at the same time )eepin$ the first and ensurin$ her ri$hts7 Some men are more se,ual and lusty( but one could be married to a wife who has little desire for men( or who is ill or has a lon$ period of menstruation or whate"er. She does not satisfy the desire of his instinct nor fill his lustful eyes that see) other women. 6ould he not be allowed to marry another in a lawful manner instead of see)in$ another as a mistress( or instead of di"orcin$ the first one7 In addition( the number of eli$ible women for marria$e mi$ht be more than the men able to marry( especially after wars that deplete the best of men and youth. It mi$ht be in the interest of the society and the women themsel"es who would prefer bein$ second wi"es than li"in$ as spinsters all their li"es( depri"ed of married life and what it has of !uietude( lo"e and protection( depri"ed of the bliss of the motherhood their instincts call for. There are only three ways for these surplus womenA 8 1 to spend their whole life feelin$ the bitterness of depri"ation of married life and of motherhood( which is a se"ere punishment for them as they did not commit any crime.

91 or $i"e them some freedom to follow their instincts and accept the means of pleasure with corrupt men who( after satisfyin$ their desires( cast them away when their bloom and youth are $one. This is in addition to what mi$ht happen afterwards of be$ettin$ ille$itimate children( increasin$ the number of fatherless children depri"ed of physical and psycholo$ical ri$hts who become unproducti"e citi'ens and tools of destruction and corruption. I1 or to allow them each to marry a married man who is able to sustain and protect her( confident of his fairness as Allah Almi$hty has commanded. Doubtless( this last alternati"e is the ideal( fair solution and a curin$ balm. That is what Islam has decreedA ?And who is better in +ud$ement than Allah for a people who ha"e firm Faith?. @Surah <A<KC

Poly$amy as a moral( human system The system of poly$amy accordin$ to Islamic 3aw is a moral( human system. It is moral because it does not allow man to ha"e intercourse with any woman he wishes( at any time he li)es. #e is not allowed to ha"e intercourse with more than three women in addition to his =first> wife( and he cannot do that secretly( but must proceed with a contract and announce it( e"en amon$ a limited audience. The people in char$e of the woman should )now about this lawful intercourse and a$ree to it or at least should not ob+ect to it. It should be re$istered1accordin$ to the modern system1in a specialised court for marria$e contracts. It is desirable to ha"e a special dinner for the occasion in which the man in"ites his friends. Dufoof =hand drums> may be played to e,press utmost +oy and hospitality. It is human because throu$h it a man lessens the burdens of the community by shelterin$ a woman who has no husband and transforms her to a chosen( protected wife. It is also human because he +ustifies his se,ual intercourse based on a le$al marria$e for which the bride$room pro"ides a dower( furniture and e,penses. Also of social benefit is the establishment of a social unit =family> capable of producin$ wor)in$ pro$eny. It is also human because he is not only responsible for the woman with whom he has intercourse( but he is responsible when she suffers from the troubles of pre$nancy. #e does not lea"e her to bear it alone( but he bears a part of it by payin$ for her sustenance and e,penses durin$ her pre$nancy and for her deli"ery. It is also that he reco$ni'es the children be$otten throu$h se,ual intercourse and presents them to the society as the fruits of a noble and honourable lo"e( which are cherished by him and will be by the society in the future. Dr 5ustafa El1Siba%i( may Allah ha"e mercy on him( said of the system of poly$amy( ?5an distributes and lessens his lust to a certain e,tent( but he multiplies his burdens( troubles and responsibilities to an unlimited e,tent.? Certainty( it is a moral system protectin$ morals( and it is a human system honourin$ man)ind.

The 6estern system of promiscuity is immoral and inhuman #ow different the Islamic system is from the actual promiscuity in the life of the 6estern societyD -ne 6estern writer insisted that no one on his death1bed could confess to the priest that he had not had intercourse with a woman =other than his wife> at least once in his life1time. This promiscuity of the 6est is without a law: moreo"er( it occurs while the law stands by. It does not happen in the name of wi"es( but in the name of friendships and mistresses. It is not limited to only four( but is unlimited. It is not announced in order to be celebrated by the family( but happens secretly without anyone )nowin$ about it. In addition( it does not commit the doer to any financial responsibility towards the women he has intercourse with. Suffice it for him to tarnish their honour and then lea"e them to scandal and po"erty and to endure the troubles of pre$nancy and deli"ery. Besides( he is not committed to reco$nise the children be$otten as the outcome of the intercourse. They are considered ille$itimate( bearin$ the sti$ma of bein$ bastard children as lon$ as they li"e. It is a le$al promiscuity( but it is not called ?poly$amy?. It is "oid of any moral beha"iour( awa)enin$ of sensibility or human feelin$. It is a promiscuity directed by lust and selfishness which flees from any responsibility. 6hich of the two systems then is closer to morality( more allayin$ to lust( more honourable to women( more denotati"e of pro$ress and more ri$hteous to humanity7 @ See 6omen Between *urisprudence and 3aw =Al15ara%ah baina al1Fi!uh wal1/ann> by Dr 5ustafa El1Sibai. See also The 3iberation of 6oman in the Period of the 5essen$er =Tahrir al1 5ara%ah fe Asr Al1&esalah> by Abd Al1#aleem Abu Sha!!ah( fifth part.C

The abuse of the license of poly$amy 6e do not deny that many 5uslims ha"e abused the license of poly$amy as decreed by Allah in the same way they ha"e abused the license of di"orce( as e,plained earlier. The failure is not in the 3aw itself but in the application due to misunderstandin$( ill manners( or lac) of the teachin$s of the reli$ion. 6e ha"e seen some men marry more than one when the man is not certain of his fairness( which is a condition set by Allah for marryin$ another. Some of them marry more than one when they are unable to sustain both nor( in addition( what follows the marria$e( i.e. children and responsibilities. Some men are able to sustain more but are unable to protect them. Fre!uently( the abuse of this ri$ht leads to harmful conse!uences for the family as a result of pamperin$ the new wife and treatin$ the old one unfairly. #e could totally end his inclination towards her until she is left han$in$ in the air( so to spea)( neither married nor di"orced. This fre!uently leads to en"y amon$ children who belon$ to one father because

he is not fair to them in their ri$hts( nor does he treat them e!ually in moral and financial dealin$s. 6hate"er the trans$ression of some people in that realm( it will ne"er reach the e"il to which the 6esterners ha"e lowered themsel"es by considerin$ the moral poly$amy a crime while allowin$ the immoral promiscuity. =#owe"er( poly$amy is lon$er a problem in most 5uslim societies( as marria$e to one woman has now become a $reat problem.>

The call of westerni'ed people to forbid poly$amy 0nfortunately( some people callin$ for 6esternisation in our Arab and Islamic countries ha"e made use of what has happened because of the 5uslims who trans$ress: they raise their "oices as)in$ for poly$amy to be abolished completely. Day and ni$ht the disad"anta$es of poly$amy are reiterated while silence is )ept about the disad"anta$es of adultery and fornication( which is( unfortunately( allowed by local laws which rule o"er 5uslim states nowadays. The mass media( especially films and serials( ha"e played a serious role in spreadin$ repulsi"e feelin$s toward poly$amy( amon$ women in particular( so that some of them would tolerate the husband when he commits adultery but not when he marries another.

The basis on which those who call for re+ection of poly$amy rely Such ad"ocates ha"e succeeded in some Arab and Islamic countries( and laws ha"e been issued forbiddin$ what 4od has ordained and made lawful( thus allowin$ the laws of the 6est. There are still others who call for these chan$es in other countries. The incredible thin$ in this case is they want to +ustify their system of poly$amy in the name of Islamic 3aw and ha"e proofs in the form of +urisprudence. They ha"e ob+ected it is the ri$ht of the person in authority to pre"ent what is allowed when it is in the interest of the people( or to a"oid harm. Such a prete,t is unacceptable by Islamic 3aw. Some ha"e e"en $one so far as to attempt( in a rude and audacious way( to use the /ur%an to +ustify their claims. The /ur%an has put a condition for the man who marries more than one to be sure of his fair treatment of the two =or more> wi"es( and whoe"er is afraid of not bein$ fair should )eep only one. Allah saysA ?And if you fear that you shall not be able to deal +ustly with the orphan1$irls( then many =other> women of your choice( two or three( or four but if you fear that you shall not be able to deal +ustly =with them>( then only one?. @Surah EAIC This is the /ur%an%s condition for poly$amy1fairness. #owe"er( the /uran( they claim( has clarified in another "erse in the same Surah that the conditioned fairness is not possible( in the "erseA ?Mou will ne"er be able to do perfect +ustice between wi"es e"en if it is your ardent desire( so do not incline too much to one of them =by $i"in$ her more of your time and pro"ision>?. @Surah EA89;C Therefore( it is claimed( this "erse has ne$ated the pre"ious

one In fact( all the e"idence which is bein$ used is false and cannot stand sound criticism. Each will be discussed.

1- Islamic aw do!s no" allow som!"hin# whos! !$il ou"w!i#hs i"s #ood The claim that poly$amy has caused social and familial corruption and detriment is an open fallacy: Islamic 3aw cannot permit somethin$ which will do harm: li)ewise( it does not forbid somethin$ of benefit. This is e,pressed in the /ur%an in the most elo!uent and comprehensi"e phrases with the description of the 5essen$er =blessin$s and peace be upon him>( and addressin$ the people of the Boo) =i.e.( the *ews and Christians>. ?#e commands them for Al15a%ruf =i.e. islamic 5onotheism and all that Islam has ordained>: and forbids them from Al15un)ar =i.e.disbelief polytheism of all )inds( and all that Islam has forbidden>: he allows them as lawful At1Tayyibat @=all i.e. $ood and lawful> as re$ards thin$s deeds( beliefs( persons( foods etcC ( and prohibits them as unlawful Al12habaith =all i.e. e"il and unlawful as re$ards thin$s( deeds( beliefs( persons( foods etc.>( he releases them from their hea"y burdens =of Allah%s Co"enant>( and from the fetters =bindin$s> that were upon them. @Surah FA 8<FC All that is permitted by Islamic 3aw has pure benefit or benefits which outwei$h harm. All that is forbidden by Islamic 3aw must ha"e pure harm or the harms must outwei$h the benefits. This is clear in what is said in the /ur%an about alcohol and $amblin$A Say( ?In them is $reat sin( and =some> benefit for men( but the sin of them is $reater than their benefit?. @Surah FA98;C This is also what Islamic 3aw has pro"ided for in poly$amy( as it balances interests and corruptin$ matters( benefits and harms. It permits what the indi"idual needs and is able to do as lon$ as he is sure of his fairness( and is not afraid of bein$ un+ust or ha"in$ a $reater inclination towards one of themA ?but if you fear that you shall not be able to deal +ustly =with them>( then only one?. @Surah EAIC It may be in the interest of the first wife to be the sole one on the throne of marria$e without any ri"als( and she sees that she will be harmed by the presence of another wife: but it is also in the interest of the husband to marry another to protect him from illicit relationships or brin$ him an awaited1for child( etc.: moreo"er it may also be in the interest of the second wife to ha"e someone ta)e care of her. To ha"e half a husband( to li"e under his protection and be in his char$e may be better than li"in$ as a spinster( widow or di"orcee( in depri"ation. It is also in the interest of society to protect its men and women by le$itimate marria$e1in which each of them bears the responsibility for himself or herself and the spouse and for what Allah may $i"e them of children1that is( instead of promiscuity( allowin$ the multiplicity of mistresses( which is immoral and inhuman( and in which each has the pleasure of a companion without any responsibility for what follows( e"en if a child is born of that illicit relationship. In turn( the child is then considered a wild plant without a father to belon$ to( or a family to $i"e him lo"e and compassion or a heredity to cherish.

6hich harms should be a"oided then7 -n the other hand( Islamic 3aw has reser"ed the first wife%s ri$ht to e!uity between herself and the second wife concernin$ maintenance( housin$( clothin$ and stayin$ at her place. That is the e!uity put as a condition for poly$amy. It is true that some husbands do not obser"e the +ustice commanded by Allah( but the misapplication does not mean the basic principle should be cancelled: otherwise the whole of Islamic 3aw and all other laws would be abolished. Adherence of the law should be enforced.

%- &h! ri#h" o' "h! (!rson in au"hori"y "o (r!$!n" wha" is allow!d As to the claim that the person in authority has the ri$ht to pre"ent some of what is allowed( we ha"e the followin$ to sayA what the 3aw has $i"en to the person in authority is the ri$ht to limit some of what is permitted for a wei$hty interest at some times( or in some cases( or for certain people. #e should not $enerally or utterly pre"ent it fore"er because that would be li)e forbiddin$( which is only Allah%s ri$ht( denied by the /ur%an to the People of the Boo). ?They =*ews and Christians> too) their rabbis and their mon)s to be their lords besides Allah by obeyin$ them in thin$s which they made lawful or unlawful accordin$ to their own desires without bein$ ordered by Allah?. @Surah ;AI8C The #adith came to interpret the "erse( ?They allowed for them and forbade them and thus followed them?. @ Transmitted by Al1Termithy on the authority of Adeyy ibn #atim in the interpretation sections =IK;<> and by lbn *arir in his interpretation section =8GGI8>. Al1 Termithy said this #adith is $hareeb =i.e.( it has only one transmitter>( but in the section about #udhaifa( it is mau!f =i.e.( it was narrated by the Companions( not by the Prophet @blessin$s and peace be upon himC> and transmitted by Al1Tabary =8GGIE>.C To limit what is allowed is li)e pre"entin$ the slau$hter of animals on certain days to lessen their consumption( as happened at the time of L0mar( may Allah be pleased with him: or li)e pre"entin$ e,cess culti"ation of a certain crop so culti"ation space will not encroach upon the space attributed to $rowin$ $rains and other nutritious crops that are staple foods for the people. It is also similar to pre"entin$ the hi$hest ran)s of military officers or diplomats from marryin$ forei$ners for fear of lea)in$ state secrets throu$h women to the enemies. It is also li)e pre"entin$ men from marryin$ a Christian or a *ew out of fear that it would affect 5uslim women( especially in the communities that ha"e small Islamic minorities and limited 5uslim e,patriates. But to come to somethin$ allowed by Allah in #is Boo) and mentioned by #is Prophet =blessin$s and peace be upon him>( established in the state( such as di"orce or poly$amy( and to pre"ent it utterly and fore"er is considered somethin$ different from limitin$ what is allowed accordin$ to the e,amples $i"en. The meanin$ of Mou will ne"er be able to do perfect +ustice between wi"es. @Surah EA89;C As to the illustration from the 4lorious /ur%an( it is wholly re+ected. It is a corruption of the order of words and carries within it an accusation a$ainst the Prophet 5ohammed

=$reetin$s and peace be upon him> and his companions =may Allah be pleased with them>( implyin$ they did not understand the /ur%an( or maybe that they did but intentionally de"iated from its precept. The "erse !uoted to illustrate the point also $i"es an answer if the meanin$ is perused: Almi$hty Allah has allowed poly$amy on the condition of fairness( then hi$hli$hts the fairness needed in the same chapter when #e saysA ? Mou will ne"er be able to do perfect +ustice between wi"es e"en if it is your ardent desire( so do not incline too much to one of them =by $i"in$ her more of your time and pro"ision> so as to lea"e the other han$in$ =i.e. neither di"orced nor married>?. @Surah EA89;C This "erse indicates that complete and absolute +ustice between women is impossible due to the nature of the human bein$ because complete +ustice re!uires e!uity between them in e"erythin$( e"en in the inclination of the heart and in se,ual desire( and that cannot be controlled by the man. #e may lo"e one more than the other( incline towards one more than another. #earts are controlled and turned by Allah in the way #e li)es. Therefore( the Prophet =blessin$s and peace be upon him> used to say after di"idin$ between his women the apparent affairs of maintenance( clothin$ and spendin$ ni$hts( ?Allah( that is my di"ision as it is in my power to do so. So not blame me for what Mou ha"e and I ha"e not?. @ Transmitted by Abu Dawud =98IE>( Al1Termithy =88EK>( Ibn 5a+ah =8;F8> Al1Doramy Boo) of 5arria$e p.8<E: and Ahmad G88EE on the authority of 1 ishaC #e meant the heart%s inclination. It is this inclination in which one cannot be fair that Allah has pardoned( as the Almi$hty does not rebu)e man for somethin$ beyond his ability when it is not in his power to do it. Therefore the noble "erse saysA ?Mou will ne"er be able to do pefect +ustice between wi"es e"en if it is your ardent desire( so do not incline too much to one of them =by $i"in$ her more of your time and pro"ision> so as to lea"e the other suspended =i.e. neither di"orced nor married>?. @Surah EA89;C 6hat is understood from this "erse is that some inclination( which is the emotional inclination( is for$i"able. The ama'in$ thin$ is that some Arab countries adopt the forbiddance of poly$amy( thou$h in their le$islation they do not forbid adultery( e,cept in certain cases when one is forced =rape>( or in the case of the woman%s marital infidelity if the husband does not drop the char$e. Adultery is described by Allah as a $reat sinA ?And come not near to the unlawful se,ual intercourse. .erily( it is a fahshah =a $reat sin>( and an e"il way?. @Surah 8FAI9C I came to )now throu$h the $reat Imam Shei)h LAbd Al #aleem 5ahmud( may Allah ha"e mercy on his soul( that a 5uslim li"in$ in an African1Arab country which had laws a$ainst poly$amy secretly married another wife throu$h a le$itimate con"entional contract( abidin$ by all its conditions e,cept that it was not authenticated. This is because the country%s established law refused to authenticate or admit it and considered such a marria$e a crime for which he would ha"e to be punished. The man used to fre!uent the house of his =second> wife( so the police watched him and came to assume that she was his wife and that he had committed an offence a$ainst the law. -ne ni$ht they waited for him( arrested him at his wife%s place and too) him to court accusin$ him of marryin$ a second wife.

The man was cle"er and as)ed those interro$atin$ him( ?But who told you she is my wife7 She is not a wife. She is a mistress whom I too) as a companion and I call on from time to time ? The interro$ators were ta)en abac) and told the man "ery politely( ?6e are awfully sorry for the misunderstandin$. 6e thou$ht she was a wife and did not )now she was a companion.? Thereupon( they released him because( to them( to ha"e the illicit company of a woman as a mistress to commit adultery with is considered within the framewor) of personal freedom protected by the law. The 6oman as 5ember of the Society

Some biased people who are $uided by personal interests propa$ate that Islam has forced the woman to be imprisoned at home and not to $o out e,cept to the $ra"eD #as that "erdict a true basis in the /ur%an or in the Sunna =prophetic traditions> or in the history of 5uslim women in the first three centuries( which were the best7 Certainly not. The /ur%an ma)es the man and woman partners in bearin$ the hea"iest responsibilities in Islamic life( and that is the responsibility of en+oinin$ the ri$ht and forbiddin$ the e"il. The Almi$hty saysA ?The belie"ers( men and women( are ?Auliy(? =helpers( supporters( friends( protectors> of one another( they en+oin =on the people> Al15aaruf =i.e. Islamic 5onotheism and all that Islam orders one to do>( and forbid =people> from Al15un)ar =i.e. polytheism and disbelief of all )inds( and all that Islam has forbidden>: they offer their prayers perfectly I!amat1as1Salat and $i"e the Ja)at and obey Allah and #is 5essen$er?. @Surah ;AF8C As an e,ample of the application of that principle( it happened that there was a woman in the mos!ue who disa$reed with the caliph L0mar Al1Faru! =?The -ne 6ho Distin$uishes Truth from Falsehood?( i.e. L0mar ibn Al12hattab> while he was addressin$ the con$re$ation from the pulpit. #e accepted her opinion and discarded his( sayin$ openly( ?A woman is correct and L0mar is wron$. @ 5entioned by Ibn 2athir in his interpretation( impro"in$ its authority( as mentioned earlierC The Prophet =blessin$s and peace be upon him> said( Lsee)in$ )nowled$e is obli$atory for e"ery 5uslim. @Transmitted by Ibn 5a+ah( part 8( =99E>( on the authority of Anas( corrected by Al1Seyoti in ancient times( and by Al1Albany in modern times.C The 5uslim scholars a$ree that a 5uslim woman is also included in the meanin$ of the #adith( as she is obli$ed to )now what corrects her creed( impro"es her worship( and controls her manners within the morals of Islam( etc. She is obli$ed to )now Allah%s laws about what is allowed( what is forbidden( and her ri$hts and duties. She could reach the hi$hest sta$e of )nowled$e to achie"e the $rade of i+tihad =independent +ud$ement of reli$ious matters>. #er husband has no ri$ht to pre"ent her from see)in$ )nowled$e( which she is obli$ed to do( if he is not able to teach her or if he does not do it properly. The wi"es of the Prophet%s Companions used to $o to the Prophet =blessin$s and peace be upon him> to as) him about

issues that concerned them. They were not pre"ented by modesty =shyness> from )nowin$ their reli$ion well. Con$re$ational prayer is not demanded of a woman( as it is demanded of a man. #er prayin$ ahome could be better for her circumstances and callin$. #owe"er( her husband cannot forbid her if she wishes to $o to con$re$ational prayer in a mos!ue. The Prophet =blessin$s and peace be upon him> said( ?Do not forbid Allah%s women to $o to Allah%s mos!ues?. @Transmitted by 5uslim in his Sahih on the authority of Ibn 0mar( 8HI9F( =EE9>.C A woman can come out of her house to run an errand for herself( her husband( or her children in the field or in the mar)et place( as did Asma%a bint Abu Ba)r That Al1 it( $ain =?The -ne 6ho Possessed Two Belts?>. She said( ?I used to carry date pits on my head from Al1Jubeir%s land1my husband%s1while I li"ed in 5edina( and it was about two thirds of a lea$ue from 5edina.? A woman could accompany the army for first aid and nursin$ tas)s and similar ser"ices suitable to her nature and her abilities. Ahmad and Al1Bu)ahri recounted on the authority of Al1&ubayyi% bint 5uaawith of the Ansar who said( ?6e went to the battle with Allah%s 5essen$er =blessin$s and peace be upon him> offerin$ water to the men and doin$ them ser"ice and returnin$ those )illed and wounded to 5edina?. @Transmitted by Ahmad( GHI<B.C Similarly( Ahmad and 5uslim recounted on the authority of 0m LAteyya( who said( ?I went to the fi$htin$ with Allah%s 5essen$er =blessin$s and peace be upon him> se"en times( followin$ them in their campai$ns( preparin$ food( treatin$ the wounded and helpin$ the sic)?. @Transmitted by Ahmad( GHEKF and 5uslim =8B89>C This is the wor) for the woman and for the nature of her function: but to carry a weapon and fi$ht or lead a battalion is not one of her affairs( unless there is a special need for that: then she could share with men in their stru$$le a$ainst the enemies as much as she is able. -n the Day of #unain 0m Salm too) a da$$er( and when her husband as)ed her the reason( she said( ?I too) to so that if any of the polytheists came near me I would stab him in his abdomen?. @Transmitted by 5uslim =8BK;>C 0m LImarah of the Ansar fou$ht so well in the Battle of 0hud that the Prophet =blessin$s and peace be upon him> commended her( and in the apostate wars she witnessed the battles herself until 5usaylimah Al12hattab =?The 3iar?> was )illed. She returned with ten stab wounds. If in some a$es the women are depri"ed of )nowled$e( isolated from life at home as if they were pieces of furniture( not tau$ht by the husbands and not $i"en the chance to learn1e"en $oin$ to the mos!ue is considered forbidden1if such a picture its pre"alent( then it is a conse!uence of i$norance( e,a$$eration and de"iation from the $uidance of Islam. It is then an e,a$$eration in ri$idity( not allowed by Allah. Islam is not responsible for such absurd traditions of the past: li)ewise it is not responsible for other e,a$$erated con"entions created at present. The nature of Islam is the $entle balance in e"ery thin$ le$islated and su$$ested concernin$ rules and morals. Islam does not $rant one thin$ to forbid somethin$

else( nor does it e,a$$erate one side at the e,pense of the other. It does not e,a$$erate in $i"in$ ri$hts( nor in assi$nin$ duties. Thereupon( it was not the intention of Islam to pamper the woman at the e,pense of the man( nor to be intent on satisfyin$ a woman%s whims and diminishin$ her callin$( nor satisfyin$ the man while belittlin$ her di$nity. But we find that Islam%s stance towards the woman illustrated as followsA 8. It protects1as we ha"e already said1her nature and her femininity as created by Allah( and it )eeps her away from the wol"es who li)e to de"our her illicitly and away from the $reediness of e,ploiters who wish to e,ploit her femininity as a commercial tool and for illicit profit. 9. It respects her supreme function for which she is intuiti"ely and chosen by her Creator( 6ho $a"e her more than man%s portion of compassion( affection( sensiti"ity and e,citability to be prepared for the compassionate "ocation of motherhood( which super"ises the $reatest industry in the nation( the industry of the future $enerations. Islam considers the home as the $reat )in$dom of the woman. She is its mistress( its head and a,is. She is the man%s wife( his partner( the solace of his loneliness( and the mother of his children. Islam considers a woman%s +ob of )eepin$ house( loo)in$ after her husband%s affairs( and raisin$ her children well as a )ind of worship =Libaadah> and stru$$le in the cause of Allah =+ihad>. Therefore( it resists e"ery method or system that hampers her from fulfillin$ her tas) or that impairs her from performin$ her duty in the best way or that destroys her home. E"ery method or system that attempts to remo"e the woman from her )in$dom( to ta)e her from her husband( or displace her from her children in the name of freedom( wor)( art( etc.( is in fact the woman%s foe that wants to rob her of e"erythin$ and hardly $i"e her anythin$. Doubtless( it is re+ected by Islam. I. Islam wants to establish happy homes to be the basis of a happy society. #appy homes are established on confidence and certainty( not on doubts and suspicion. The family whose consistency is based on a couple e,chan$in$ suspicions and fears is a family on the ed$e of an abyss( a family for which life is an unbearable hell. E. Islam allows her to wor) outside the home in an appropriate +ob which suits her nature( her concern( and her capacity( and which does not crush her femininity. #er wor) is le$itimate within certain limits and certain conditions( especially when she or her family needs the outside wor) or when the society itself needs her wor) in particular. The need for wor) is not merely limited to the financial aspect. It could be a psycholo$ical need such as the need of a specialised learned woman who is not

married( or the married woman who has no children( or who has a lot of leisure time and to alle"iate boredom. The matter is not as claimed by those who are for the woman %s wor) without any limitations or controls. 6e will deal with this topic in some details in the ne,t pa$es( Allah willin$.

Those who e,a$$erate about woman%s wor) and the misconceptions concernin$ them #owe"er( as the capti"es of intellectual in"asion call for a mi,ed relationship between the man and the woman( and the meltin$ of the barriers between the two se,es( we see the call to put the woman in any )ind of +ob( whether she needs the +ob or not( and whether society needs such wor) or not. This matter is a completion of the first( as it is fulfillin$ the $oals of mi,ed relationships( melted differences( and the liberation of the in+ustice and dar)ness of the 5iddle A$es( as claimed. The cunnin$ and slyness is fre!uently shown in not declarin$ outri$ht what is wanted is woman to rebel a$ainst her nature( e,ceed the limits of her femininity and ma)e use of that femininity for illicit pleasure or illicit earnin$. They appear in the ima$e of pure and loyal people who do not see) anythin$ but the $eneral interest. -pinions concernin$ the wor) of the woman are stressed throu$h scattered reasons( collected as follows 8. The 6est( which is more ad"anced than us in ci"ilisation( has preceded us in employin$ women: so( if we wish to ad"ance li)e the 6est( we should follow suit in e"erythin$( for ci"ilisation is an inte$rated whole. 9. 6omen represent half the society. If they stay at home without employment( it is a waste( and it has harmful effects on the national economy. It is in the interest of the society for women to wor). I. It is also in the interest of the family for the woman to wor)( as the costs of li"in$ ha"e increased in our a$e.The woman%s employment increases the family%s income and helps the man with e,penses of li"in$( especially in an en"ironment where income is limited E. It is in the interest of the woman herself for her to wor). Comin$ into contact with people and life( with the society outside the home( polishes her personality and pro"ides her with e,periences she would ne"er ha"e obtained inside her home. <. In addition( wor) is a weapon to arm her a$ainst the enmity of time. #er father mi$ht pass away( her husband mi$ht di"orce her( or she mi$ht be ne$lected by her

children. In that case( she would not be humiliated by po"erty and need( especially at a time characterised by selfishness( widespread in$ratitude( and cut1off blood relations in which e"eryone is merely concerned about himself. @ See ?6oman%s 6or) and the Call of its Propa$ators? and the replies to them in ?6oman between *urisprudence and the 3aw? =Al15ara%ah baina al1Fi!uh wal1/ann> by Dr 5ustafa Sib(.C

The reply concernin$ these misconceptions As to the claim of the 6est( it is a false claim for the followin$ reasonsA 8. The 6est is not a $ood e,ample for us to follow( and we are not committed to ta)e the 6est as a worshippers of Allah or as a model to be followed. ? To you your reli$ion and to me my reli$ion =Islamic 5onotheism>?. @Surah 8K;AGC 9. In the 6est the woman has been forced to $o to the factory( the store( etc. and does not do so out of her own choice. She is dri"en by the need of food and is obli$ed to earn her li"in$ after bein$ re+ected by man( who refuses to be in char$e in a cruel and merciless society which does not ha"e mercy for the youn$ nor for the wea) females. Allah has pro"ided us with the maintenance system in our Islamic 3aw( which ma)es such action unnecessary for the woman. Professor 5ohammed Moussef 5oussa( may Allah ha"e mercy on him( mentioned in his boo) Islam and #umanity%s eed of it( while discussin$ Islam%s care for the familyA It may be rele"ant to mention here that durin$ my stay in France( I li"ed with a family whose maid1ser"ant seemed to me to be of a $ood family and did in fact arduse my curiosity. I( therefore( as)ed the lady of the house( ?6hy should this lady debase herself in this way7 #as she no relati"e who can support her and put an end to her de$radin$ +ob7? The answer was that the lady had an e,tremely rich uncle( but who still did not loo) after her. 6hen I told her that the lady could sue him to $et support( she was $reatly surprised and told me that the law did not pro"ide for this at all. 6hen she )new that Islam states that such an uncle was le$ally obli$ed to support his poor relati"e( she commented that this blessin$ of Islam is really needed to put an end to the debasement of the fairer se, in outdoor +obs. @ Islam and #umanity%s eed of It by 5ohammed Moussef 5oussa =trans. by The Supreme Council for Islamic Affairs( 5inistry of 6a!fs( Cairo>.C She means that their fear of hun$er and loss is what has led such an army of women to wor)( throu$h necessity.

I. The 6est which is followed as a model has been complainin$ now of woman%s wor) and its conse!uences. 6omen themsel"es are complainin$ of such misfortune on which they ha"e no choice. The famous writer Anna &hode( said in the newspaper Eastern 5ailA If our dau$hters wor) at home as ser"ants or li)e ser"ants( it is better and less unfortunate than wor)in$ in laboratories where $irls are infected by disease and dirt which ta)e the $leam from their li"es fore"er. I wish our country were li)e the 5uslim%s( arrayed in purity and chastity where the ser"ant and the sla"e en+oy the best in life and are treated as if they were the children of the home. Their honour is undefiled. Mes( it is shameful for the En$lish to ma)e of our dau$hters a model of e"il by their promiscuous relationships. 6hy don?t we see) what a$rees with a $irl%s natural tendency to wor) at home and lea"e men%s wor) to men to )eep her honour intact7 @From Islam and Se, =Al1Islam wal1*ins> by Fathy Ma)an.C E. It is not in the interest of the society to abandon her first callin$ at home to wor) as en$ineer( or a lawyer( or a representati"e( or a +ud$e( or a factory wor)er: but it is in its interest for her wor) in the field of her specialisation for which she is instinctually prepared( the field of marital life and motherhood( which is not less serious but more so than wor)in$ in stores( laboratories and establishments. apoleon was as)ed( ?6hich castles of France are more impre$nable7? #e said( ?4ood mothers.? 5any ha"e undermined the wor) of the house wife which is one of the $reatest ser"ices to the community. The responsibilities of a home and children are abundant and challen$in$. The woman has the tas) of homema)in$( which entails a lot of physical labour( and the +ob of shapin$ her children to be producti"e citi'ens. If some women ha"e some leisure time( it can be spent doin$ crafts( ser"in$ their communities and their fellow women( or contributin$ to fi$htin$ po"erty( i$norance and "ice. In fact( a lot of wor)in$ women employ other women as baby1sitters for their children or as ser"ants at home. This means that the house needs a woman to loo) after its affairs( and the priority $oes to its mistress and !ueen instead of to the outsider( who in most cases a stran$er to the house with different morals( reli$ion( lan$ua$e( ideas and habits( as is pre"alent in the 4ulf societies where nannies and ser"ants are imported from the Far East. The dan$er of that situation cannot be hidden from the sane person. <. The happiness of the family rests not in merely increasin$ the income1which is mostly spent on buyin$ clothes for $oin$ to wor)( and necessities for a mi,ed life =e.$. men mi,in$ with women> which is based on affectation( the fashion race and bein$ in "o$ue. In return( the home is depri"ed of the !uietude and companionship established by the woman in the atmosphere of the family. The wor)in$ woman is e,hausted( !uic)1tempered( and needs someone to lessen her burden( so she cannot

$i"e what she has not $ot to the home. G. It is not in the interest of the woman to force her out of her nature and her responsibility and force her to do a man%s wor). Allah has created her a female. To do a man%s wor)( then( is cheatin$ her nature and reality. A woman could $radually lose her femininity until she is what some En$lish writers ha"e called the ?third se,?. That is what many women of moral coura$e ha"e confessed. F. 6hat is claimed as weapon in the hand of the woman( if it wor)s in the 6est( does not wor) for us as 5uslims. This is because in Islam a woman has her needs satisfied due to the obli$atory maintenance decreed by Islamic 3aw on her father( or her husband( or sons( or brothers( or others of blood relation. If copyin$ the 6est has started to ma)e us $radually lose our traits so that e"en the brother has started to deny his sister( the male relati"e has started to abandon his duty towards his female relati"e( and many people thin) merely of themsel"es( we still must adhere to Allah%s 3aws until the reli$ious moti"e supersedes the worldly moti"es.

The harmful effect when a woman is in"ol"ed in men%s wor) without restrictions or limits Therefore we learn that when the woman is in"ol"ed in men%s wor) without restrictions or limits( it has its harmful effect on "arious aspectsA 8. It is harmful for the woman herself because she loses her femininity and her distin$uishin$ characteristics and is depri"ed of her home and children. Some become barren and some are li)e ?the third se,?( which is neither a man nor a woman. 9. It is harmful for the husband because he is depri"ed of a bounteous source flowin$ with $ood company and cheerfulness. othin$ flows any lon$er e,cept ar$uments and complaints about the troubles of wor)( the ri"alry of wor) mates( men and women. This is in addition to the competior +ealousy the man may feel( real or ima$ined( of other men in the wor)place who "ie for her attention. I. It has a harmful effect on children because a mother%s compassion( sympathy and super"ision cannot be compensated by a ser"ant or a teacher. #ow can children $et benefit from a mother spendin$ her day at wor) and on her arri"al at home bein$ tired and stressed7 either her physical nor her psycholo$ical condition would allow the best she has to $i"e re$ardin$ education or direction to her children.

E. It is harmful for men because e"ery wor)in$ woman ta)es the position of an eli$ible wor)in$ man. As lon$ as there are unemployed men in the society( the woman%s wor) is harmful to them. <. It is harmful for the wor) itself because women are fre!uently absent from their wor) due to natural emer$encies which cannot be a"oided( as menstruation( $i"in$ birth( nursin$ a baby( and the li)e. All such thin$s depri"e the wor) of discipline and "aluable output. G. It is harmful on morals. It is harmful to the woman%s morals if she loses her modesty and on the man if he loses his attenti"eness. It is harmful on the whole society if earnin$ a li"in$ and increasin$ the income is the main $oal sou$ht by people( disre$ardin$ hi$her principles and $ood models. F. It is harmful on social life because $oin$ a$ainst the $rains of nature and dislocatin$ thin$s which are naturally located spoils life itself and causes imbalance( disorder and chaos.

6hen is a woman allowed to wor)7 Do we understand that the woman%s wor) is forbidden by Allah in any case7 Certainly not. #owe"er( here we ha"e to indicate to what e,tent and in which fields the Islamic 3aw allows the woman to wor). That is what we are $oin$ to point out briefly and clearly( so that the ri$ht wilt not be mi,ed with the wron$ on this sensiti"e issue. The woman%s first and $reatest wor)( in which no one can ri"al her( is to rear new $enerations. She is prepared for that by Allah( both physically and psycholo$ically( and she should not be occupied by anythin$ else materialistic or moral whatsoe"er( as nobody can replace her in that $reat wor) on which the future of the nation and its wealth( i.e. its human wealth( depend. 5ay Allah ha"e mercy on the poet of the ile( #afi' Ibrahim( who saidA 5other is a school( if well1prepared An entire healthy society is prepared. That does not si$nify that the woman%s wor) outside her home is forbidden by Islamic 3aw. o one has the ri$ht to forbid without an authentic te,t which is clear in meanin$. -n that basis( we say that the woman%s wor) in itself is allowed. It is e"en re!uested if she is in need of it( if she is a widow( di"orced( or did not ha"e a chance to marry( and if she has no income to a"oid the humility of as)in$ for charity or people%s condescension. It could be the family who needs her wor)( such as to help her husband( or to care for her children( or

youn$ brothers and sisters( of her father in his old a$e( as in the story of the two dau$hters( of the old man mentioned in Surah Al1/asas in the /ur%an( who used to loo) after their father%s sheep. The Almi$hty saysA ? And when he arri"ed at the water of 5idian =5adyan> he found there a $roup of men waterin$ =their floc)s>( and beside them he found two women who were )eepin$ bac) =their floc)s>. #e said( ?6hat is the matter with you7 ? They said ?6e cannot water =our floc)s> until the shepherds ta)e =their floc)s>. And our father is a "ery old man. @Surah 9BA9IC The society itself mi$ht be in need of the woman%s wor)( as in $i"in$ medical treatment to women and loo)in$ after them( teachin$ $irls and such wor) that concerns women. It is more proper for a woman to deal with another woman li)e herself( instead of with a man. The acceptance of a man in some cases is a matter of necessity which should be considered accordin$ly and should not be ta)en as a rule. The same case applies when the society needs wor)in$ hands for the sa)e of de"elopment. If we allow some women to wor)( it should be restricted by a number of conditionsA 8. The wor) itself should be Islamically lawful in the sense that it should not be Islamically forbidden =haram> or lead to what is forbidden( for instance as a maid wor)in$ in the house of a bachelor( or as a pri"ate secretary for a mana$er( whose position re!uires her to stay with him alone( or as a dancer who e,cites physical instincts and lusts( or as a wor)er in a restaurant ser"in$ alcohol. The Prophet =blessin$s and peace be upon him> condemned those who produce alcohol as well as those who transport or sell it. She should not wor) as an air hostess( a position which obli$es her to wear forbidden clothes and offer what is unlawful =haram> to passen$ers. #er +ob would also re!uire her to stay o"erni$ht alone in forei$n countries( some of which are not safe. She should not wor) in other types of wor) forbidden by Islam for women in particular( or forbidden for men or women. 9. If she $oes out of her house( she should adhere to the morals of a 5uslim woman in her clothin$( her tal) and mo"ement. ? And tell the belie"in$ women to lower their $a'e =from loo)in$ at forbidden thin$s>( and protect their pri"ate parts =from ille$al se,ual acts> and not to show off their adornment e,cept only that which is apparent and let them not stamp their feet so as to re"eal what they hide of their adornment. @Surah 9EAI8C then be not soft in speech( lest he in whose heart is a disease =of hypocrisy or e"il desire for adultery( etc.> should be mo"ed with desire( but spea) in an honourable manner. @Surah IIAI9C I. #er wor) should not affect other duties which cannot be ne$lected( such as her duty towards her children and husband( which is her foremost and basic duty. @For more information about the woman%s position in Islam( see The 3iberation of 6oman in the Period of the 5essa$e =Tahreer al15ara%ah fe Asr Ar1&esalah> by Abd Al1 #aleem 5ohammed Abu Sha!!ah. It is a si, .olume encyclopaedic boo) documented with te,ts from the /ur%an and Sunna.C

E. 6hat is re!uired of the 5uslim community is to or$anise matters and ma)e arran$ements so that the 5uslim woman can wor)1if her interest or her family%s or her society%s re!uires that1without touchin$ her modesty( or contradictin$ her commitment towards Allah( herself or her home. The $eneral atmosphere should help her to perform her tas)s as well as obtain her ri$hts. There should be some arran$ements where she can wor) part1time for half pay =threes day a wee)( for e,ample>. She should also be $ranted enou$h lea"e for her marria$e( deli"ery and nursin$. <. Some of the arran$ements should include settin$ schools( colle$es and uni"ersities especially for $irls where they can practise sports and physical e,ercises suitable for them and where they can ha"e freedom of mo"ement to practise different acti"ities. There should also be women in ministries( establishments and ban)s( away from places of temptation and where a woman will not be alone with one or more men( in addition to other and new means which cannot be counted. It is Allah 6ho says the truth and $uides to the ri$ht path.