SAFETY TIPS FOR WOMEN BY MUHAMMAD ASIF KHAN
The Place of Women in Pure Islam
by M.
Rafiqul-Haqq and P. Newton
Contents -
The purpose
of this booklet is to consider the place of women in the pure teaching of
Islam. It must be recognised that not every Muslim, nor every Muslim nation
follows all of these teachings. These teachings come from both the Qur'an and
the Hadith. The Hadith is 'The Tradition of Mohammad', that is, the stories of
Mohammad's deeds and sayings. This Hadith is of
"paramount
importance side by side with the Qur'an in the formation of the religious life
of a human being and for the attainment of perfection. Indeed a Qur'an minus
Hadith remains unintelligible in many cases in the work- a-day life of a
man."[1]
The
commentator Jalal-ud-Din as-Suyouti said that the Hadith "is the
commentary on the Qur'an and its explanation"[2] This is why almost all
commentaries rely in the first place on the Hadith to explain the Qur'an. The
authentic Hadith is believed to be
"nothing
short of revelation, [for the Qur'an says of Mohammad] "he does not speak
out of low desires. It is not but inspiration which is inspired (Q.
53:3-4)." The only difference between the Qur'an and the Hadith is that
whereas the former was revealed directly through Gabriel with the very letters
that are embodied from Allah, the latter was revealed without letters and
words."[3]
"Thus,
next to the Holy Qur'an, the Hadith is the second source of the Islamic Law of
social and personal behaviour, because the commandments of the Holy Prophet are
as binding on the believers as the commandments of Allah. 'Whenever Allah and
the Apostle have decided a matter, it is not for a faithful man or woman to
follow a course of their own choice (Q. 33:36).'"[4]
The Hadith
is to be followed exactly "for that which differs from the Hadith to the
extent of a hair shall be given up."[5]
"A
Muslim therefore stands in absolute need of a copy of the Qur'an and a copy of
the Hadith for the guidance of his life"[6]
MEN'S
SUPERIORITY
The Qur'an
expresses the equality of the works of the sexes and the oneness of origin of
the sexes in the following verses.
"And
their Lord answereth them, 'I will not suffer the work of him among you that
worketh, whether of male or female, to be lost. The one of you is the issue of
the other." (Q. 3:195) Rodwell.
"Mankind
fear your Lord, who created you of a single soul, and from it created its
mate." (Q. 4:1) Arberry
So while the
Qur'an holds the works of men and women in equal regard and acknowledges that
they are completely interdependent as to their very existence, they are not
regarded as having equal worth as people. The men are a step above the women and
superior to them as is clear from the following two verses.
"And it
is for the women to act as they (the husbands) act by them, in all fairness;
but the men are a step above them."[7] (Q. 2:228) Rodwell "Men have
authority over women because Allah has made the one superior to the
other."(Q. 4:34) Dawood.
The famous
commentator Ibn Kathir commented on (Q. 4:34) saying:
"Men
are superior to women, and a man is better than a woman."[8]
Other
commentators such as Razi, Baidawi, Zamakhshari, and Tabari are of the same
opinion.
Razi,
commenting on Q. 4:11, said:
"(The
males share is that of two females). Man is more perfect than the woman in
creation, and intelligence, and in the religious sphere, such as the
suitability to be a judge, and a leader in worship. Also, the testimony of the
man is twice that of the woman. So that whoever is given great responsibilities
must be given correspondingly great privileges. As the woman is deficient in
intelligence and of great lust, if she is given much money, much corruption
will be the result. "[9]
He also
added:
"The
male is mentioned first in Q. 4:11 because the male is better than the
female."[10]
This
superiority according to Razi is due to mens natural superiority in
"knowlege and power, and because the man gives his wife the dowry and
spends on her."[11]
A modern
writer said about the previous verse:
"God
established the superiority of men over women by the above verse (the Qur'an
4:34) which prevents the equating of men and women. For here man is above the
woman due to his intellectual superiority and his ability to administer and
spend on the woman."[12]
WOMEN'S
DEFICIENCIES
1. WOMEN ARE
DEFICIENT IN INTELLIGENCE AND RELIGION
The
intellectual and religious deficiencies of women are stated in the following
Hadith found in Sahih al-Bukhari which is considered by Muslim scholars to be
"The most authentic book after the Book of Allah (ie. the
Qur'an)":[13]
"Allah's
Apostle once said to a group of women : 'I have not seen any one more deficient
in intelligence and religion than you. A cautious, sensible man could be led
astray by some of you.' The women asked: 'O Allah's Apostle, what is deficient
in our intelligence and religion?' He said: 'Is not the evidence of two women
equal to the witness of one man?' They replied in the affirmative. He said:
'This is the deficiency of your intelligence' ... 'Isn't it true that a woman
can neither pray nor fast during her menses?' The women replied in the
affirmative. He said: 'This is the deficiency in your religion.'"[14]
The authenticity
of the above Hadith is undisputed. It is reported by the two most reliable
collections of Hadith; Bukhari and Muslim. The agreement of Bukhari and Muslim
on its authenticity makes it (mutafaqun 'alayhi) 'agreed upon', which is the
highest degree of authenticity. The above Hadith has been accepted and used by
eminent scholars, such as Ghazali, Ibn al-'Arabi, Razi, Suyouti, Qortobi,
Nawawi, and Ibn Kathir, in their writings.
The above
Hadith does not describe women only in early Islam, but it is a description for
all times, so long as 'women can neither pray nor fast during their menses' and
so long as 'the evidence of two women is equal to the witness of one man.' This
reasoning is not a temporary one, but is rooted in and derived from the Qur'an
for all time until the day of resurrection.
Commenting
on the Qur'anic verse Q. 30:21 which states "And of His signs is that He
created for you, of yourselves, spouses, that you may repose in them" Razi
said:
"His
saying 'created for you' is a proof that women were created like animals and
plants and other useful things, just as the Most High has said 'He created for
you what is on earth' and that necessitates the woman not to be created for
worship and carrying the Divine commands. We say creating the women is one of
the graces bestowed upon us and charging them with Divine commands to complete
the graces bestowed upon us, not that they are charged as we men are charged.
For women are not charged with many commands as we are charged, because the
woman is weak, silly, in one sense she is like a child, and no commands are
laid upon a child, but for the grace of Allah upon us to be complete, women had
to be charged so that they may fear the torment of punishment and so follow her
husband, and keep away from what is forbidden, otherwise corruption would be
rampant."[15]
Another
eminent Muslim thinker, Hadi Sabzevari, in his commentary on Sadr
al-Mote'alihin wrote:
That Sadr
ad-Deen Shirazi classifies women as animals is a delicate allusion to the fact
that women, due to the deficiency in their intelligence and understanding of
intricacies, and due to their fondness of the adornments of the world, are
truly and justly among the mute animals [al-haywanti al-sa^mita]. They have the
nature of beasts [ad-dawwa^b], but they have been given the disguise of human
beings so that men would not be loath to talk to them and be compelled to have
sexual intercourse with them. That is why our immaculate Law [shar'ina
al-mutahhar] takes men's side and gives them superiority in most matters,
including divorce, "nushuz," etc. (Quoted in Soroush, Abdolkarim,
_Farbehtar az ideoloji_, Sera^t, Tehran, 1373 A.H.S.). [A.H.S. = After the
Hegira, in Solar years].
The above is
consistent with the authentic Hadith that says women are deficient in intelligence
and religion. This belief has been accepted by Muslim scholars and writers for
the past thirteen hundred years.
One modern
writer said: "The woman's share of intellect does not reach man's
level."[16]
He then went
on to say that "al-'Aqad, one of the most eminent Arabic writers, in his
book al-Mar'ah wal-Qur'an,
"has a
valuable chapter in which 'Aqad demolished the intellectual equality of women
and men."[17]
As a matter
of fact the expression "naqisatan 'aqlan wa dinan" (deficient in
intelligence and religion) is one of the bywords and axioms of life on the lips
of the masses in Arabic countries.
2. WOMEN ARE
DEFICIENT IN GRATITUDE
Women are
not only deficient in intelligence, but they also lack gratitude. Women's lack
of gratitude is expressed in another Hadith from Bukhari:
"Women
are ungrateful to their husbands and are ungrateful for the favours and the
good (charitable) deeds done to them. If you have always been good (benevolent)
to one of them and then she sees something in you (not of her liking), she will
say, 'I have never received any good from you."[18]
So according
to this Hadith, women are not only intellectually and spiritually deficient but
also deficient in gratitude.
3. WOMEN ARE
DEFICIENT AS WITNESSES
The
testimony of the woman is not equal to that of the man. Her testimony is half
the testimony of the man with regard to financial matters. The Qur'an states,
"And
call in to witness two witnesses, men; or if the two be not men, then one man
and two women, such witness as you approve of, that if one woman errs the other
will remind her."[19]
An educated
Muslim woman in trying to explain why the testimony of the woman is half that
of the man said,
'Woman was
made to bear and feed children. Therefore she is very emotional. And she is
forgetful, because if she did not forget how it is to give birth she would not
have another child. That is why she will not be as reliable a witness as a
man."[20]
Therefore in
Islam, the woman is perceived as being deficient in three important areas: to others
due to her denial of man's kindness; to herself, due to her inadequate
intelligence; and in relation to God, due to her inadequacy in religion.
WHAT IS A
WOMAN ?
THE WOMAN IS
A TOY
The
previously mentioned deficiencies show the woman's inadequacy as a companion
for man. Her deficiency in intelligence and religion prevent her from
exchanging secular or sacred ideas or participating in religious or related
spheres. To what level do these deficiencies reduce the woman?
"'Omar
[one of the Khalifs] was once talking when his wife interjected, so he said to
her: 'You are a toy, if you are needed we will call you.'"[21]
And 'Amru
Bin al-'Aas, also a Khalif, said: "Women are toys, so choose."[22]
This was not
just 'Amru Bin al-'Aas and 'Omar's opinions. Mohammad himself said:
'The woman
is a toy, whoever takes her let him care for her (or do not lose
her)."[23]
The belief
that a woman is a toy is of vital importance for the spiritual well being of a
man. For according to the great philosopher Ghazali
"In the
company of women, looking at them, and playing with them, the soul is
refreshed, the heart is rested, and the man is strengthened to the worship of
God...this is why God said: 'That he might rest in her.' (Q. 7:189)"[24]
THE WOMAN IS
'AWRAH
Apart from
the deficiencies of the woman, she is also has ten 'awrat. The Encyclopedia of
Islam defines 'awrah as pudendum, that is "the external genitals,
especially of the female. [Latin pudendum (literally) a thing to be ashamed
of]"[25]
"Ali
reported the Prophet saying: 'Women have ten ('awrat). When she gets married,
the husband covers one, and when she dies the grave covers the ten."[26]
And
according to the following Hadith, women not only have ten 'awrat, but the
woman herself is perceived as 'awrah :
"The
woman is 'awrah. When she goes outside (the house), the devil welcomes
her."[27]
(This Hadith
is classed as 'Sahih' that is sound or faultless.) So going outside the house
is a form of exposure of the 'awrah; a thing that delights the devil.
This is why
women are discouraged from going outside the house, even to pray in the mosque,
as the following Hadith indicates.
"A
woman is closest to God's face, if she is found in the core of her house. And
the prayer of the woman in the house is better than her prayer in the mosque."[28]
(This Hadith
is classed as 'Hassan', that is approved.)
Dr. Buti a
modern scholar said, "Muslim teachers unanimously agreed in every
generation that the woman should cover all her body except her hands and face,
that is without any make up, from strangers."[29] While the followers of
Hanbal and some followers of Shafi'i consider even the hand and the face to be
'awrah, and therefore should be covered.[30]
"And
those who allow the woman to show her hand and face -the Malikiyah and
Hanafiyah- do so with the provision that make up will not be used, but if the
woman's face is naturally beautiful, then she must cover her face for fear of
being a temptation to men."[31]
Dr. Buti
gives the reason behind the wearing of the Hijab.
"Allah,
the most high, decreed that the woman should be veiled. He did so in protecting
the chastity of the men who might see her, and not in protection of the
chastity of the woman from the eyes of those who look at her."[32]
THE WOMAN IS
LIKE A RIB
The
character of women is likened to a rib, crooked. Bukhari reported the following
Hadith:
"The
woman is like a rib; if you try to straighten her, she will break. So if you
want to get benefit from her, do so while she still has some
crookedness."[33] This Hadith is classed as agreed upon.
Another
Hadith attributes this crookedness to the act of creation because the woman was
created from man's rib.[34] This crookedness then is inherent and incurable,
the man has to live with it and make the most out of it. This belief is
accepted not only by the masses but by celebrated scholars such as Imam Shafi'i
who said :
'three
[persons] if you esteem them they will dishonour you and if you dishonour them
they will esteem you : the woman, the servant and the Nabatea.'[35]
and Ghazali
who said:
"If you
relax the woman's bridle a tiny bit, she will take you and bolt wildly. And if
you lower her cheek-piece a hand span, she will pull you an arm's length ...
Their deception is awesome and their wickedness is contagious; bad character
and feeble mind are their predominant traits ... Mohammad said[36] : 'The
likeness of a virtuous woman amongst women is like a red beaked crow among a
hundred crows."[37]
Thus it is
believed that virtuous women are rare and their crookedness is as natural as
the crooked rib.
In spite of
all these deficiencies Ghazali found some redeeming features in women: "[A
man's wife] fears him, while he fears her not, a kind word from him satisfies
her, where nothing of hers has importance in his eyes, it is she who must
tolerate the presence of concubines, and it is she who worries when he is ill
whereas even her death would leave him indifferent."[37a]
HUSBAND'S
RIGHTS
1. HUSBAND'S
DESIRES MUST BE MET AT ONCE
Man's sexual
needs are considered so urgent that it is better for food to burn in the oven
than a man to burn in waiting for his wife to satisfy his desire. If she
refuses, the angels of heaven will turn against her.
"The
prophet of Allah said: When a man calls his wife to satisfy his desire, let her
come to him though she is occupied at the oven."[38]
(The above
Hadith is agreed upon, that is, no scholar doubts its authenticity.)
"The
messenger of Allah said: Whenever a man calls his wife to his bed and she
refuses, and then he passes the night in an angry mood, the angels curse her
till she gets up at dawn."[39]
The
understanding that man's sexual needs are more important than the woman's was
not only believed by the early Muslims, but is also believed by modern-day
Muslims. A contemporary scholar wrote:
"Allah
the most high has fashioned the woman's psychological and physiological make up
in such a way that man's pleasures are satisfied in her more than her pleasures
satisfied in him. Not only that but she also finds her happiness in feeling
so."[40]
Another
contemporary scholar wrote:
"Sexual
intercourse is an action, and the woman does not act."[41]
The famous
commentator Qortobi said:
"The
woman was created so that man can rest in her ... for by her he gets rid of his
sexual storm. The female sexual organ was created for men. For when Allah the
most high said '(You) leave what your Lord has created for you of your
wives?'[42] Allah made it known that that place of the woman was created from
man for man's sake. So the woman must yield it whenever the husband calls her.
If she refuses then she is an oppressor and in a grave position. Sufficient
proof of this was reported from Sahih Muslim in the Hadith that says 'When a
man calls his wife to his bed, and she refuses, the One Who is in the heaven
will be angry with her until he [her husband] is pleased with her"[43]
2. OBEDIENCE
TO THE HUSBAND IS THE KEY TO PARADISE
All the
woman's piety is considered useless if she disobeys her husband. Her
disobedience to her husband represents an unlawful and irrational act. But
obedience to her husband is the key to Paradise as is clear from the following
Hadith:
"There
are three (persons) whose prayer will not be accepted, nor their virtues be
taken above: The runaway slave until he returns back to his master, the woman
with whom her husband is dissatisfied, and the drunk until he becomes
sober."[44]
"Whosoever
female dies while her husband is pleased with her, will enter
Paradise."[45]
"The
prophet once said to a woman: 'Watch how you treat your husband for he is your
Paradise and your Hell."[46]
3. HUSBAND'S
RIGHTS ARE DIVINE
The
obedience of the woman to her husband is an important prerequisite that shows
her piety and guarantees her eternal destiny. He is her Paradise or her hell.
Man is thus so elevated that by comparison with the woman, he is placed on a
divine level. Her response to him approaches worship. That however, is
impossible, as worship belongs to God alone.
Mohammad
said:
"Had I
ordered anybody to prostrate before any one, I would have ordered women to
prostrate before their husbands on account of men's rights over the women
ordained by Allah."[47]
4. HUSBAND'S
RIGHTS ARE GREATER THAN THE SACRIFICE OF WOMAN'S BREASTS
Man's status
is so much higher than woman's that no sacrifice on the woman's part will ever
gain her her full right in relation to a man. Even in our own time (1985) a
Muslim writer, Ahmad Zaky Tuffaha, seriously and reverently quotes the
following Hadith :
"If a
woman offered one of her breasts to be cooked and the other to be roasted, she
still will fall short of fulfilling her obligations to her husband. And besides
that if she disobeys her husband even for a twinkling of an eye, she would be
thrown in the lowest part of Hell, except she repents and turns back."[48]
Although
this Hadith is not mentioned in Bukhari, it is consistent with the other
Ahadith quoted by Bukhari.
It is a
noble sacrifice for a man to share his life with the woman as described in
Bukhari's sound Ahadith; she being deficient in mind, religion, and gratitude.
It is condescension on the part of the man to spend his life with her. She can
not repay this favour, no matter what sacrifice she makes.
Indeed, the
rights of the husband are so vast that
"If
blood, suppuration, and pus, were to pour from the husband's nose and the wife
licked it with her tongue, she would still never be able to fulfil his rights
over her."[49]
This Hadith
is repeated, also with great reverence, five times by commentator Imam Suyuti
who is regarded as one of the greatest of all Muslim scholars.
WOMAN'S
RIGHTS
While the
Hadith enumerates the husband's rights, the woman's rights are simple, as the
following Hadith shows:
"'O
Messenger of Allah ! What right has the wife of one among us got over him?' He
said: 'It is that you shall give her food when you have taken your food, that you
shall clothe her when you have clothed yourself, that you shall not slap her on
the face, nor revile her, nor desert her except within the house.'"[50]
MAN'S
PREROGATIVES
1. MAN MAY
BEAT AND SEXUALLY DESERT HIS WIFE
The Qur'an
describes the natural relationship between the husband and the wife as one of
love and mercy: "He has set between you love (mawaddah) and mercy."
Q. 30:21. A contemporary scholar, Sayyed Qotb sees that the love and the mercy
spoken of in this verse as the natural feelings the man has for the opposite
sex that was planted by the creator. Earlier scholars saw that "love"
between the husband and the wife in the above verse refers to the sexual act,
while "mercy" refers to the offspring of the man and his wife.[51]
The important thing to note is that this love and mercy is not found in the man
apart from the woman, but it is a mutual thing found in both. And the Qur'an
commands men to "Consort with them (women) in kindness (ma'ruf)." Q.
4:19 According to the Dictionary of Qur'anic terms and concepts the word
"ma'ruf" means "customary law; enjoining good and forbidding
evil."[52]
Elsewhere
the word is translated many times as equitable as in Yusuf Ali's English
translation of the Qur'an.[53] In other words when women behave properly they are
to be treated kindly, the treatment must be equitable according to the
customary laws.
There is
also a Hadith that describes the good husband; "The best of you are those
who are the best to their wives."[54] (that Hadith is mentioned only by
Tirmizi). But how far this goodness will go in difficult times, when the wife
does not behave properly?
The man
according to the Qur'an has the responsibility to admonish his wife, and the
right to desert her sexually, and to beat her to correct any rebelliousness in
her behaviour.
The Qur'an
states:
"Righteous
women are therefore obedient, ... And those you fear may be rebellious (nushuz)
admonish; banish them to their couches, and beat them."[55]
Some
translators add the word lightly after 'beat them'[56] in Q. 4:34. Others like
Mohammed Pickthall and Rodwell translate the word 'edrebouhon - beat them' as
'scourge them'.
The occasion
in which Q. 4:34 was revealed sheds more light on the meaning of that verse.
Most commentators mention that
"the
above verse was revealed in connection with a woman who complained to Mohammad
that her husband slapped her on the face (which was still marked by the slap).
At first the Prophet said to her: 'Get even with him', but then added: 'Wait
until I think about it.' Later on the above verse was revealed, after which the
Prophet said: 'We wanted one thing but Allah wanted another, and what Allah
wanted is best.'"[57]
The beating
in the previous incident can hardly be described as light, unless that is what
is meant by light beating. This beating comes as the last corrective measure
when sexual desertion fails. Light beating after sexual desertion is an
anticlimax that serves no purpose. But firm beating is the logical progression
from admonishing, then sexually deserting, finally beating her. This beating
must be stronger than sexual desertion to have any effect.
This beating
however is not like the whipping of a slave,[58] but "a beating without
causing injury"[59] (agreed upon).
So the man
has the right to beat his rebellious wife as long as that beating is not like
the whipping of the slave and will not result in injury.
The
translator of Mishkat Al-Masabih wrote in a footnote of Fatwa by Qazi Khan that
said beating the wife mildly is
"allowed
in four cases (1) When she does not wear fineries though wanted by the husband,
(2) When she is called for sexual intercourse and she refuses without any
lawful excuse, (3) When she is ordered to take a bath [to clean herself] from
impurities for prayer and she refuses and (4) When she goes abroad without
permission of her husband."[60]
In another
footnote the translator of Mishkat Al-Masabih said,
"No
wife shall refuse her husband what he wants from her except on religious
grounds ie. at the time of menstrual flow or fasting. Some theologians regard
this refusal as unlawful as the husband may get enjoyment from his wife in
other ways, by embracing, kissing etc. The duty of the wife is to give him
comforts in his bed whenever he wants her."[61] (emphasis added)
This beating
is the husband's unquestionable right.
Ibn Kathir
in his commentary mentioned a Hadith on the authority of zal Ash'ath Ibn
al-Qays who was visiting 'Omar and at that time. 'Omar took his wife and beat
her, then said to Ash'ath:
'Memorise
three things from me, which I memorised from the prophet who said: "The
man is not to be asked why he beat his wife ..."'[62]
Man's right
to 'beat his wife' does not belong to the distant past. The Guardian Weekly
reported,
"In
1987 an Egyptian court, following an interpretation of the Koran proposed by
the Syndicate of Arab Lawyers, ruled that a husband had the duty to educate his
wife and therefore the right to punish her as he wished."[63]
Sayyed Qotb
a modern scholar and commentator tries to justify the provision for a man to
beat his wife, found in the above Qur'anic verse:
"The
facts of life, and the psychological observations of certain forms of
deviations indicate that this approach (beating the wife) is the most
appropriate one to satisfy a particular form of deviation, reforming the
behaviour of the person ... and gratifying her ... at the same time!
Even without
the existence of this form of psychological deviation, perhaps some women will
not recognise the power of the man whom they love to have as their guardian and
husband, except when the man conquers them physically! This is not the nature
of every woman. But this kind does exist. And it is this kind that needs this
last treatment to be set straight, and remain within the serious organisation
[marriage] in peace and tranquillity."[64]
Some
intellectuals, referring to the above quotation, said:
"Women's
rebelliousness (nushuz) is a medical condition. It is of two kinds: The first
is the condition when the woman delights to be the submissive partner who finds
pleasure in being beaten and tortured. This is what is called Masochism. The
second is when the woman loves to hurt and master and dominate the other
partner. This is what is called Sadism. Such woman has no remedy except
removing her spikes and destroying her weapon by which she dominates. This
weapon of the woman is her femininity. But the other woman who delights in
submission and being beaten, then beating is her remedy. So the Qur'anic
command: 'banish them to their couches, and beat them' agrees with the latest
psychological findings in understanding the rebellious woman. This is one of
the scientific miracles of the Qur'an because it sums up volumes of the science
of psychology about rebellious women."[65]
The above
two quotations state that the Qur'anic injunction to beat the perverted
masochist woman will cure her from her disorder. But will it rather increase
her perversion by giving her the pleasure she sought? Will giving alcohol to
the alcoholic be his remedy too? And why beat the sadist wife? Why not let her
have her own way too, like the masochistic one? Why not let her beat and
torture others?
Even if this
treatment is of benefit to the minority of women who are perverted, does this
justify the command to beat the wife who rebels for any and every reason?
Whether or
not the beating of wives is justified, this is the man's right, and his alone.
The man who
fears rebelliousness in his wife must admonish her first. If that does not
work, the husband has the right to desert her sexually. If that does not work
either, he has the right to beat her.
Sayyed Qotb
explains the dynamics of deserting the wife sexually if admonishing her does
not work:
"Here
comes the second phase ... the man has to make a superior psychological move
against all her attraction and beauty, by banishing her to her couch, for the
couch (the bed) is the place of temptation and enticement, where the rebellious
woman reaches the summit of her power. If the man can conquer his disposition
against her temptation, then he has disarmed her from her sharpest and most treasured
weapon."[66]
Another
scholar reiterating the above said:
"This
sexual desertion is a remedy that curbs the rebelliousness of the woman, and
humiliates her pride, in that which she treasures most, her femininity ... thus
inflicting the most humiliating defeat on the woman. "[67]
The man then
has the right to desert his wife sexually and beat her, if he fears
rebelliousness in her.
The woman,
however, can not resort to such measures, if she fears rebelliousness in her
husband, as is clear from the following verse:
"If a
woman fears rebelliousness or aversion in her husband, there is no fault in
them if the couple set things right between them; right settlement is
better."[68]
It is clear
from Q. 4:128 & Q. 4:34 that the Qur'an commands diplomacy when a woman
fears rebelliousness in her husband. But when the man fears rebelliousness in
his wife, the Qur'an commands the use of force and sexual desertion.
Bukhari
gives an example of the wife's options if she fears cruelty or desertion on her
husband's part in the following Hadith:
"...
narrated 'Aisha (regarding the verse:- 'If a wife fears cruelty or desertion on
her husband's part...) It concerns the woman whose husband does not want to
keep her with him any longer, but wants to divorce her and marry some other
lady, so she says to him: 'Keep me and do not divorce me, and then marry
another woman, and you may neither spend on me, nor sleep with me.' This is
indicated by the statement of Allah:- 'There is no blame on them if they
arrange an amicable set tlement between them both, and such settlement is
better.'"[69] (emphasis added)
So according
to Bukhari's sound Hadith, the recommended amicable settlement for the woman
who fears cruelty or desertion on her husband's part, is to submit to her
husband's will to marry another woman, and to forego her financial and sexual
rights.
Beating the
rebellious wife is the last resort before divorcing her. She must be admonished
first. If that does not work, the husband has the right to desert her sexually.
The Qur'anic injunction to consort with women kindly is not inconsistent with
beating the rebellious wife and sexually deserting her, this beating is
included and part of the scope of the kind treatment. The prophet himself, who
was the kindest of all Muslims to his wives, deserted them all sexually for one
month.[70] Imam Ghazali puts it this way: "There is wickedness and
weakness in women. Diplomacy and harshness is the remedy of wickedness,
kindness and gentleness is the remedy of weakness."[71]
In contrast
to the way a husband can treat his wife, in Islam children are required to
treat their mothers with utmost respect according to the following two Hadiths:
Abu Hurairah
reported that a man came to the Messenger of Allah (peace be upon him) and
asked: "O Messenger of Allah, who is the person who has the greatest right
on me with regards to kindness and attention?" He replied, "Your
mother." "Then who?" He replied, "Your mother."
"Then who?" He replied, "Your mother." "Then
who?" He replied, "Your father."
And
"Paradise
is under the feet of mothers."
Dr. Suhaib
Hasan comments on the latter:
The [above]
hadith with this wording is da'if, but its meaning is contained in the hadith
of Ibn Majah and al-Nasa'i that a man came to the Prophet (may Allah bless him
and grant him peace) and said, "O Messenger of Allah! I intend to go on a
(military) expedition, but I have come to ask your advice." He said,
"Is your mother alive?" He said, "Yes." He said, "Then
stay with her, for the Garden is under her feet."[71a]
It is a fact
that some mothers deserve the lowest place in hell. It is logical then that
Paradise is not under the feet of every mother. The statement "the Garden
is under her feet" was said in regard to a particular woman, who probably
was known to Mohammad for her uprightness.
Furthermore,
the fact that Muhammad did not command every one of his fighting men to stay at
home if their mothers were still alive makes it clear that this was not a
general principle but refered to a specific woman who possibly was old and in
need of the care of her (only?) son.
Even if that
Hadith is sahih, it must be noted that both hadiths do focus on mothers in
particular, not women in general. Both Hadiths exclude wives who have no
children and of course single women.
It must be
noted also that both Hadith regulate the specific relationship between children
and mothers, not the relationship between husband and wife. So while a son is
required to give his mother the utmost respect, the husband of this mother
still has the right to desert her, and beat her if he "fears
rebelliousness" on her part.
Some other
Hadiths that are often quoted in order to counterbalance the many Hadiths that
enumerate men's rights are the following:
The best of
you is he who is best to his wife.[71b]
The best of
you are those who are best to their ahl, meaning spouses and children. And I am
the best of you to my family.[71c]
These
Hadiths must be viewed in the light of the facts of history. It is a fact that
"Mohammad deserted his wives for a whole month."[71d] At one occasion
he also called both Aisha and Hafsa "the Companions of Joseph" which
is a very derogatory term.[71e] He also intended to divorce Sawda for no reason
except that she became old (Ibn Kathir commenting on Q. 4:128). Mohammad's
superiority as a husband did not prevent him from exercising his rights as a
Muslim man.
2. MEN MAY
MARRY UP TO FOUR FREE WOMEN AND HAVE SEX WITH AN UNLIMITED NUMBER OF SLAVE
GIRLS
A provision
is made for men to marry more than one woman as follows:
"If you
fear you can not treat orphans (girls) with fairness, then you may marry other
women who seem good to you: two, three or four of them. But if you fear that
you can not maintain equality among them, marry only one or any slave girls you
may own. This will make it easier for you to avoid injustice."[72]
Some however
have argued that since maintaining equality is impossible, then marrying more
than one wife is not permissible using the following verse:
"Try as
you may, you cannot treat all your wives impartially. Do not set yourself
altogether against any of them."[73]
But the
majority of the commentators agreed that
The equality
in Q. 4:3 is concerned with apportioning time and money, while the equality
mentioned in Q. 4:129 is concerned with the affection and love of the man towards
his wives.[74]
They further
argued that Mohammad himself was not impartial in his affections towards his
wives, for he loved 'A'isha more than any of his wives.[75] So as long as the
husband can be fair in apportioning his time and money he can marry up to four.
Others
believe the number is limited to nine wives, as two and three and four make
nine, and Mohammad himself when he passed away had nine wives, and to follow
his tradition is the commended way of living.[76]
Others
believe that the above verse is the proof for an unlimited number of wives,
because the verse does not say two or three or four but literally says two and
three and four, meaning two and three and four etc.[77] The majority believe
the number of wives the man may marry to be limited to four, because of the
reported Hadith about a man who had ten wives. When he became a Muslim,
Mohammad said to him : 'Keep four, and leave the rest.'[78]
The reason
for marrying more than one woman is given by Ghazali the great Muslim scholar:
"Some men
have such a compelling sexual desire that one woman is not sufficient to
protect them [from adultery]. Such men therefore preferably marry more than one
woman and may have up to four wives."[79]
Besides the
above provision men have the right to have sex with their slave girls.
"For if
a man purchases a slave girl, the purchase contract includes his right to have
sex with her."[80] "This contract is primarily to own her and
secondarily to enjoy her sexually."[81]
And the
reason for having sex with the slave girls beside one's wives is also given by
Ghazali:
"Since
among Arabs passion is an overpowering aspect of their nature, the need of
their pious men to have sex has been found to be the more intense. And for the
purpose of emptying the heart to the worship of God they have been allowed to
have sex with women slaves if at some time they should fear that this passion
will lead them to commit adultery. Though it is true that such action could
lead to the birth of a child that will be a slave, which is a form of
destruction,...yet enslaving a child is a lighter offence than the destruction
of religious belief. For enslaving the new born is a temporary thing but by
committing adultery eternity is lost."[82]
Ghazali
gives us an example of this overpowering sexual desire.
"The
son of 'Omar who was an ascetic, and a scholar, used to break his fast by
having sex before having food. And he might have had sex with three of his
slave girls before the last meal."[83]
And Bukhari
reported,
"The
Prophet used to pass (have sexual relation with) all his wives in one night,
and at that time he had nine wives."[84]
For
"He
once said of himself that he had been given the power of forty men in
sex."[85]
And
"Ali
who was the most ascetic of all the companions had four wives, and seventeen
slave girls as concubines."[86]
While
"some
of the other companions had three and four wives and those who had two wives
were countless in number."[87]
Concerning
the provision for having sex with slave girls, found in the last part of the
above Qur'anic verse, Razi said:
"God
made the provision of having sex with many slave girls as easy as marrying one
free woman. Besides, the responsibilities and provisions of the slave girls are
lighter than those of the dowers, no matter (never mind) if you have a few of
them or many, no matter if you were fair in apportioning your nights amongst
them or not, no matter whether you completed the sexual act or not."[88]
The
commentator Qortobi sees in that verse (Q. 4:3) that slave girls used as such
by the free Muslim man
"have
neither sexual rights, nor financial rights. For God made the 'one free woman'
and the 'slave girls you may own' of the same category. The man however owes
the slave girls the appropriate rights of ownership, and the kindness that befits
slaves."[89]
So because
"the need of the pious men to have sex was found to be the more intense,
and for the purpose of emptying the heart for the worship of God" they
have been allowed to marry up to four women and have sex with an unlimited
number of slave girls even if this provision may lead to "the birth of a
child that will be a slave, which is a form of destruction."
3. MAN'S
RIGHT TO DIVORCE HIS WIFE
Divorce is
recognised by most societies as a horrible thing. It is viewed as such in Islam
except that it is viewed as a lawful course of action. The Hadith states,
"The most detestable of lawful things near Allah is divorce."[90]
The power to
divorce usually resides in the hand of the man. Bukhari reported a Hadith that
shows how easy the detestable and lawful act can be.
A "man
may say to his brother (in Islam), 'Have a look at either of my wives (and if
you wish), I will divorce her for you.'"[91]
It can even
happen against the will, and the love of the husband and the wife concerned.
"The
son of 'Omar reported: I had a wife under me whom I loved but whom 'Omar
disliked. He told me: 'Divorce her'. But I refused. Then 'Omar came to the
Messenger of Allah and notified it to him. The messenger of Allah told me:
'Divorce her'."[92] (Quoted by Tirmizi and Abu Daud)
4. MAN'S
PRIVILEGES IN THE CUSTODY OF CHILDREN
Man is the
privileged party in cases of custody of the children. Gaziri a modern scholar
in Islamic Law wrote:
The
Hanafites, who form the largest Muslim group, said "The conditions of the
custody of the children is as follows. First the wife should not reject Islam.
If she rejects Islam, she has no right to the custody of the children. Second,
she must be of good character for if it was proven that she is corrupted by
illicit sex, or theft, or has a low trade such as a professional mourner, or a
dancer, she loses her right to custody. Third, she is not allowed to marry
anyone except the father of the child. If she remarries, she has no right to
custody, unless her new husband is related to the child as a paternal uncle.
But if she marries a foreigner she has no right to custody. Fourthly, she must
not leave the child without supervision. Especially if the child is a female,
because females need protection. So if the mother had to go outside for a long
period and so neglect her child, she has no right to the custody of the child.
Fifthly, if the father is poor, and the mother refused the custody of the child
except for payment, and his aunty said 'I will look after him for free', then
the aunt will have the right to the custody of the child. To follow the
religion of Islam is not a condition to the right to custody, for if the
husband is married to one of the people of the Book, she has the right to
custody as long as he is safe from apostasy, or corruption. But if that is not
so, such as he saw her taking the child to a church, or feeding him pigs meat,
or giving him wine, then the father has the right to take the child from her,
and sanity is a pre-requisite that is agreed upon by all."[93]
As to the period
of custody, Gazirir added
"the
Hanafites said, the mother has the rights to the custody of the boy until he is
seven years old. Others said "Until he is nine". But the first
opinion is the one that is legally accepted. For the girl there are two opinions.
The first until she menstruates. The second until she reaches the age of
puberty which was set to be nine years old. This is what is accepted
legally."[94]
The mother
can have the child for the most difficult years where she wakes up at night to
feed and change nappies and toilet train etc. then the father can take over
when the child is capable of being a help instead of needing help.
5. MEN IN
PARADISE WILL ENJOY SEX WITH PERPETUALLY EXQUISITE VIRGIN WOMEN.
Muslim men
are entitled to several wives in this life. In Paradise, they are further
rewarded with additional women - perfect in beauty.
Mu'az
reported from the messenger of Allah who said:
"A
woman does not give trouble to her husband in this world but his wife of the
pure-eyed virgin ones [huris] does not say to her: 'Do not give him trouble.
May Allah destroy you, He is only a passing guest with you and it is very near
that he will soon leave you to come to us'."[95]
The editor
of Mishkat wrote in a footnote to that tradition:
"No
woman should give trouble and anxiety to her husband. She is to give him ease
and comfort in the household. If she acts otherwise, she will not be able to be
his mate in Paradise. There the pure-eyed virgin girls will be his
consorts."
For the
Qur'an promises godfearing men, beautiful women in Paradise. The following are
their descriptions:
"Lo!
those [men] who kept their duty will be in a place secure amid gardens and
water springs, attired in silk and silk embroidery, facing one another. Even so
(it will be). And We shall wed them unto [huris] fair ones with wide, lovely
eyes."[96]
"Therein
maidens restraining their glances, untouched before them by any man or jinn
.....lovely as rubies, beautiful as coral"[97]
"The
fair, the beautiful ones [huris]... With large dark eyeballs, kept close in
their pavilions"[98]
"Surely
for the godfearing awaits a place of security, gardens and vineyards, and
maidens of swelling breasts (Kawa'eb)[99], like of age, and a cup
overflowing."[100]
From this,
it can be seen that the godfearing shall be 'wedded' to women in Paradise.
Those women will not look at any one else, except their husbands. They will be
restrained in their pavilions. Those women in Paradise will be fair; not like
the dark skinned ones of Arabia. Their beauty will be perfect. Their eyes are
wide and large, and their breasts are
"Kawa'eb"
-"swelling and firm, not sagging."[101]
The Hadith
also tells us-
"In
Paradise ... every person would have two wives (so beautiful) that the marrow
of their shanks would glimmer beneath the flesh and there would be none without
a wife in Paradise."[102]
Another
Hadith makes the number of wives seventy two. Seventy females are specially
created, and two are human females.[103] His earthly wife may be included among
his "huris", but in Paradise there will be additional women for him,
even up to seventy-two.
The above
descriptions are literal, and the relationship between men and their
"huris" are physical, and not only spiritual as the following Hadith
which is chosen by the compiler of Mishkat al- Masabih shows.
"The
Holy Prophet said: 'The believer will be given such and such strength in
Paradise for sexual intercourse. It was questioned: O prophet of Allah! can he
do that? He said: "He will be given the strength of one hundred
persons.'"[104]
(This Hadith
is Quoted from Tirmizi and classed by Tirmizi as Sahih - sound and
faultless."[105]
Ibn Kathir
in his commentary emphasises the literal nature of sexual intercourse in
Paradise by another Hadith:
"The
Prophet was asked : 'Do we have sex in Paradise?' He answered: 'Yes, by him who
holds my soul in his hand, and it will be done dahman, dahman (that is
intercourse done with such shove and disturbance[106]). And when it is finished
she will return pure and virgin again.'"[107]
In Islam,
the perpetual taking of the virginity of women is traditionally associated with
Paradise. The famous commentary Al-Jalalayn sees that the rejoicing mentioned
in the Qur'anic verse "The inhabitants of Paradise today are busy in their
rejoicing (fakehoun)"[108]
"includes
the taking of the virginity of women in Paradise."[109]
The great
scholar Ghazali quotes al-'Ouaza'i, one of the early scholars who commented on
the above verse saying: "'Busy in their rejoicing' means busy taking the
virginity of the virgins."[110]
And the
great commentator Ibn 'Abbas said of the above verse: (fakehoun) means enjoying
taking the virginity of the virgins."[111]
Not only on
earth, but also in Paradise, the man has considerable sexual enjoyments. He may
marry several women on earth, and even when his earthly life is over, he may
look forward to having beautiful women in Paradise. He will be able to have up
to seventy-two "huris"; he will be given the strength of one hundred
men in sex; he will be able to perform sex with great shoving and disturbance,
on the other hand, nothing is promised to the woman. She has no assurance of
even one man.
Once again,
the man has all the advantages and pleasures, while the woman must be
perpetually used for his purposes. His is the pleasure - hers the disturbance,
in this world and the next.
THE REASON
WHY
Why do men
in Islam have such privileges over women? The following material, taken mostly
from a contemporary work on Islamic Law by a modern scholar named Gaziri, may
explain the reason why.
THE
SIGNIFICANCE OF THE MARRIAGE CONTRACT
"The
marriage contract is designed by the legislator so that the husband may benefit
from the sexual organ of the woman and the rest of her body for the purpose of
pleasure. As such the husband owns by the marriage contract, this exclusive
benefit."[112]
"The
accepted understanding in the different schools of jurisprudence, is that what
has been contracted in marriage is for the benefit of the man from the woman,
not the opposite. The followers of Imam Malik declared the marriage contract is
a contract of ownership of benefit of the sexual organ of the woman and the
rest of her body.
The
followers of Imam Shafi'i said, "The most accepted view is that what is
been contracted upon is the woman, that is the benefit derived from her sexual
organ." Others said, "What has been contracted is both the man and
the woman. So according to the first opinion the wife can not demand sex from
her husband because it is his right [not hers], and according to the second
opinion she can demand to have sex with him."
The
followers of Imam Abu Hanifa said, "The right of the sexual pleasure
belongs to the man, not the woman, by that it is meant that the man has the
right to force the woman to gratify himself sexually. She on the other hand
does not have the right to force him to have sex with her except once [in a
lifetime]. But he must, from a religious point of view, have sex with her to
protect her from being morally corrupt."[113]
THE
SIGNIFICANCE OF THE DOWRY
"The
dowry (Mahr) is a technical term denoting the money which must be given to the
woman in the marriage contract in exchange for enjoying her."[114]
"The
most worthy condition you fulfil is one with which you were given the right to
enjoy the (woman's) private parts."[115]
The
Encyclopaedia of Islam commented on the above Hadith saying,
"According
to a tradition in Bukhari the mahr is an essential condition for the legality
of the marriage 'Every marriage without mahr is null and void'."[116]
The giving
of the dowry is fundamental to the securing of man's sexual rights, so
"Who so gives two handfuls of flour or dates as dowry of his wife has
rendered [her] (private parts) lawful."[117] The Hadith recorded that a
pair of shoes[118], and an iron ring[119] were given as a dowry. For "The
best dowry is the easiest to pay."[120]
The
connection between the dowry and sexual enjoyment can even be seen outside of
marriage:
"If a
man has sex with a married woman, by mistake, thinking her to be his wife, he
must give her a dowry equal to the dowry given to a woman of her social worth.
This dowry becomes the property of the wife and not her husband."[121]
This
significance of the dowry as a guarantee of the man's sexual enjoyment is
rooted in the Qur'an, as we shall see from the following statements made by some
of the most eminent scholars:
"(Such
wives as you enjoy thereby, give them their wages apportionate. Q. 4:24) The
enjoyment [mentioned in this Qur'anic verse] is the sexual pleasure. And the
wages is the dowry. And the dowry was called a wage because it is a wage of
enjoyment...and that proves that the wage is an exchange of the woman's sexual
organ (or the sexual intercourse), for what is given in exchange for an
enjoyment is called a wage. The scholars disagreed as to what is the thing that
is being contracted in the marriage contract. Is it the body of the woman , or
the enjoyment that comes from the use of the woman's sexual organ? Or both?
What is obvious is 'both' because the contract stipulates all of
that."[122] (Qurtubi)
This
significance of the dowry is also attested to by the Hadith:
"A man
married a woman thinking her to be a virgin. He discovering she was pregnant
from adultery went and reported it to the Prophet. The Prophet judged that the
woman was entitled to the dowry. He separated the two, commanded that the woman
be flogged, and said to the man, 'The baby will be your slave [In Islam both
recognition and adoption of illegitimate children is impossible][123]. So the
dowry is given in exchange for the sexual intercourse."[124] (Ibn Kathir)
"The
dowry is given in exchange for the woman's sexual organs."[125] (Ibn
Kathir)
"By
analogy the dowry is to be given in exchange for the use or the benefit of the
woman's sexual organ."[126] (Razi)
"(Such
wives as you enjoy thereby, give them their wages apportionate. Q. 4:24) There
are two interpretations concerning that verse. The first, which is the opinion
of the majority of the scholars, in His saying (Lawful for you ...is that you
may seek using your wealth in wedlock). By this is meant seeking the woman by
wealth through marriage. The other interpretation is that this verse speaks of
temporary marriage."[127] (Razi)
"Abu
Bakr ar-Razi said: 'This verse [Q. 4:24] is a proof that the freeing of the
slave girl cannot be her dowry'. Because this verse proves that the woman's
sexual organ is something which has a monetary value."[128]
"Malik
said: The dowry shouldn't be less than a quarter of a dinar, or three dirhams.
Some of our followers said in justification of his finding: This resembles
most, the cutting of the hand because the woman's sexual organ is a member of
the body and the hand is a member whose amputation becomes lawful for stealing
a minimum amount of money. And that is a quarter of a dinar, or three dirhams.
So Malik considered the woman's sexual organ as being of the same worth as the
hand. Abu 'Omar said: "Abu Hanifah had come to a similar conclusion before
him. For he compared the dowry with the cutting of the hand. In his system, the
hand cannot be cut, except in a dinar or twelve dirhams and according to him
there is no dowry below that."[129] (Qurtubi)
"Allah's
saying (you may seek using your wealth in wedlock) This means: through marriage
or purchase. So Allah the Wise made lawful the woman's sexual organ by wealth.
That necessitates the giving of dowry in marriage. The most high made unlawful
the use of the woman's sexual organ except by paying something in
return."[130] (Ibn al- 'Araby)
"give
them their wages apportionate. (Q. 4:24) This verse proves that the dowry is
called 'wages'. The evidence for that is that the dowry is given in exchange
for the benefit of the sexual enjoyment. For the benefit is the opposite to
what is called 'wages'."[131] (Ibn al- 'Araby)
"Our
scholars have said: "Allah the most exalted, He made the dowry to be a
substitute. He treated it like other things that require a substitute. Because
of his saying: "(Such wives as you enjoy thereby, give them their wages
apportionate. Q. 4:24) So He called it a wage. He took it outside the law of
gifts to the law of replacements. The argument that both partners enjoy each
other in marriage and that the dowry is an additional payment for the wife, is
not so. But the husband is obliged to pay the dowry, so that he may own the
right of rulership over the woman, and stand as the "master to his
slave" in the relationship because of what he gave as a substitute. So
that her benefit becomes his. So she cannot fast except by his permission. She
cannot go to pilgrimage, except by his permission. She does not leave the house,
except by his permission. And he will have the right over her property except
up to a third will belong to her. It goes without saying, that he will have the
right over her body. "[132] (Ibn al-'Araby)
Ibn
al-'Araby saw that the man's sexual rights by virtue of the paying of the dowry
is grounded in the Qur'an. He even went as far as saying that the payment of
the dowry provided a master-servant relationship between the husband and the
wife.
MAN HAS THE
RIGHT TO PREVENT HIS WIFE FROM CARING FOR HER CHILD FROM A PREVIOUS MARRIAGE
The
implications of the sexual rights secured by the payment of this dowry extend
to affect children of a previous marriage:
"The
husband has the right to prevent his wife from looking after and breast feeding
her baby, from her previous husband, (if she was living in the husband's
house), because that will make her too busy to attend to the husband, and it
will affect her beauty and cleanliness, all these are the rights of the husband
alone."[133] (Hanafites)
MAN HAS THE
RIGHT TO REFUSE HIS WIFE'S DAILY MAINTENANCE
In Islam
"marriage does not produce any community of property between husband and
wife."[134] Hence the wife must rely on the support of her husband daily.
However, there are numerous grounds on which the husband can refuse supporting
his wife as the following indicates:
The
Hanafites said :
'The support
of the woman (nafaqa) is obligatory on the man in return for the woman being
locked up in the man's house, and for being exclusively his.[135]
"The
Hanafites said : 'There is no support for the woman if she is -
(1)
Rebellious (Nashiz) that is the woman who goes outside the house of the husband
without his permission and without a justifiable reason, or refuses
surrendering herself to him so she does not enter his house. But if she refuses
to have sex with him (even though that is unlawful) that refusal is not a
reason for stopping her support because the qualifying reason for the support
does exist and that is her being locked up in his house.
(2) The
renegade woman.
(3) The woman
who obeys the husband's son or his father or kiss either with lust or any thing
that might put her relation with her husband on a prohibited degree.
(4) The
woman whose marriage contract is imperfect, and the woman who had sex with
someone by mistake, the man thinking she was his wife.
(5) The wife
who is too young to have sex. ["The Islamic law knows no minimum age for a
legal marriage.[136]]
(6) The wife
who is imprisoned, even if she is innocent, if he can not have access to her
(as a wife).
(7) The sick
wife who, due to severe illness, did not move after the ceremony to the
husband's house, because she did not surrender herself to the husband.
(8) The wife
who was raped by another man.
(9) The wife
who goes to perform pilgrimage ... there is no support for her because she is
not locked up."[137]
The
followers of Imam Shafi'i said: "The conditions of the man's maintenance
for the woman are as follows:
First, she
must avail herself to him by offering herself to him, such as saying to him 'I
am surrendering myself to you'. The important thing is that she must notify him
in advance that she is ready for his meeting with her, and of his entrance upon
her as he wishes. If she does not notify him that she is ready, she has no
right of maintenance, even if she does not refuse his request to meet with her.
So maintenance is conditional upon the woman's notification to her husband that
she is ready for his meeting any time he wishes, and that she must avail him of
herself anytime he wishes. So if she works during the day time, and he cannot
meet with her, her maintenance would be denied.
Secondly,
she must be capable of having sexual intercourse. If she was a small girl, that
cannot cope with intercourse, she is not entitled to the maintenance.
Thirdly, she
must not be rebellious, that is, disobeying her husband, which can take the
form of preventing him from enjoying her by refusing his touch and his kisses
and refusing to have sex. If she denies him any of the above, her maintenance
will be cancelled for that day, because maintenance is due day by day. ... and
the rebelliousness of one day cancels his provision for clothing her for a
whole season."[138]
The
followers of Imam Malik said: "The condition for the man's maintenance to
the woman is that she should avail herself to the man for sexual intercourse,
so that if he requested it from her she would not refuse. Otherwise she would
have no right to the maintenance."[139]
"The
followers of Imam Ibn Hanbal said, ' The wife's daily maintenance is due upon
the husband if the wife surrenders herself to her husband completely ... for
the daily maintenance is given to the woman in return for the husband's sexual
enjoyment, so when the wife surrenders herself her daily maintenance is
obligatory as long as she had reached nine years old ... so if she was well
physically and surrendered herself for the enjoyment of the husband but without
sexual intercourse, she has no right for the daily maintenance. So if the wife
refuses to surrender herself so that the husband might have sex with her, her
daily maintenance is denied, so if she then has a problem that prevents her
from having sex with her husband, but surrenders herself to her husband after
that, her daily maintenance is not given to her as long as she is sick, as a
punishment for her because she refused to surrender to her husband when she was
well."[140]
The above
rulings are sincerely believed to be the will of Allah. Gaziri who summarised
the opinions of the different schools of Islamic law, in the introduction of
his work, al-Fiqh, wrote:
"My
intention was to produce for the people a book explaining to them their
responsibilities & privileges within the family. ...so that the muslim
masses, recognising their duties might perform them with perfection to please
the Almighty God."[141]
SPIRITUAL
STANDING OF WOMEN
The Hadith
describes the good wife as follows:
"The
virtuous wife, if her husband bids her, she obeys him; if he looks at her, she
pleases him; if he gives her an oath; she fulfils it, and if he is absent from
her, she guards herself and his property."[142] (Ibn Magah)
"The
best women are those who have the prettiest faces and the cheapest
dowry."[143]
"The
good wife is out of this world because she helps free you to concentrate on the
life to come. She does that by doing her house duties (instead of the husband
having to do them), and by satisfying the husband sexually so protecting him
from sexual temptation."[144]
Although
women protect man's eternal destiny, by guarding them against committing
adultery, they themselves are perceived as being very dangerous to men. Ghazali
reported the following Hadith:
"When a
woman comes she comes in the form of a devil."[145]
And it is
believed that the majority of them will end up in Hell.
"The
Prophet said: 'I have not left any calamity [fitnah] after me more detrimental
to men than women.'"[146] (Bukhari, Agreed upon)
Dr. M.
al-Buti addresses Muslim Girls saying, "Know that this temptation which
afflicts the man is due to you."[147] Commenting on the Qur'an 3:13 (Decked
out fair to men is the love of lusts- Women, children, heaped up heaps of gold
and silver, horses of mark, cattle and tillage.) Dr. Buti said:
"God
regarded woman as the first ranking lusts which He placed in the way of
mankind... The woman then is absolutely the greatest affliction in a man's
life."[148]
"The
prophet of Allah said to Fatima, his daughter, 'What is best for a woman?' She
replied, 'That she does not see a man and not be seen by a man'. He being
pleased with her answer hugged her and said, 'An offspring resembling its
origin.' The companions used to block the windows and the holes in the walls of
their houses, so that the women do not look to men. ... 'Omar said, 'Do not
dress the women (nicely) and they will remain inside the house' for they will
not go outside in tattered clothes. He also said, 'Get your women used to the
word 'No'."[149]
Bukhari
recorded the following Hadith:
'O women!
Give alms, as I have seen that the majority of the dwellers of Hell-fire were
you (women)."[150]
And Muslim
recorded:
"Amongst
the inmates of Paradise the women would form the minority."[151]
Dr. Mohammad
al-Buti, a modern writer sees that the reason the majority of women will end up
in Hell is because they fail in their most important task thus causing men to
stumble.[152]
Thus women
represent the greatest stumbling block to men's worship and their eternal
destiny as the following Hadith state:
"Had it
not been for women, God would have truly, truly been worshipped."[153]
"There
is no calamity I fear on my nation more than women and wine."[154]
"Men
perished, the day they obeyed the women."[155]
CONCLUSION
It is no
surprise that some thinking women from Islamic background rebel against such
teachings. One such woman Dr. Sa'dawi wrote:
"The
institution of marriage remained very different for men to what it was for
women, and the rights accorded to husbands were distinct from those accorded to
wives. In fact it is probably not accurate to use the term 'rights of the
woman' since a woman under the Islamic system of marriage has no human rights
unless we consider that a slave has rights under a slave system. Marriage, in
so far as women are concerned, is just like slavery to the slave, or the chains
of serfdom to the serf."[156]
If Dr. Nawal
Sa'dawi is a Muslim rebel and a liberal thinker, let us hear it from the great
Muslim scholar and philosopher Ghazali who stated the above position, some
seven hundred years ago, when he summed up the situation, as follows:
"The
most satisfying and final word on the matter is that marriage is a form of
slavery (riq). The woman is man's slave and her duty therefore is absolute
obedience to the husband in all that he asks of her person. As Mohammad himself
said: 'A woman, who at the moment of death enjoys the full approval of her husband,
will find her place in Paradise'."[157]
Ihy'a 'Ulum
ed-Din in which Ghazali made this statement has been highly praised by many
scholars. The famous Imam Nawawi said of it "The Ihy'a approaches being a
qur'an."[158] The belief that the wife is the slave of the man is also
shared by great scholars such as Razi159, and Ibn al-'Araby as we have seen
earlier by virtue of the payment of the dowry.[160]
Modern
writers are not as straightforward as Ghazali in admitting that the woman is
man's slave. But they do admit women's inferiority to men.
A modern
writer said:
"It is
illogical and unfair to equate in any area between the woman who cares for
dresses, fashion, hair styles etc. and the man who bears the responsibility on
behalf of the woman and the children, and carries the misfortunes and the
hardships for her sake and for the sake of the children."[161]
Later on he
added:
"The
woman is equal to the man in Islam before the law... but the woman is not equal
to the man with regard to her so cial worth and her subjective rights, for how
can the commanding and the commanded, the great and the small, the
knowledgeable and the ignorant, the sane and the mad, the unjust and the just,
the honourable and the insignificant, the able and the unable, the working and the
lazy, the strong and the weak be equal? We must not then mix between equality
before the law and the social worth of the human being."[162]
If the
woman, according to the above, has an unspecified lower social worth, Ghazali,
who is called the 'rock of Islam' (huggat al-Islam) qualified what that lower
social worth is, and called it by its true name: a slave. Mohammad however gave
the real worth of the woman compared to the man when he said "Had I
ordered anybody to prostrate before any one, I would have ordered women to
prostrate before their husbands...". This is not a relationship of master
and slave but approaches that of creator and creature!
It must be
stressed at this point that not every Muslim follows the above teachings. The
following two Hadith are very telling ones:
"Narrated
Ibn 'Omar : During the lifetime of the prophet we used to avoid chatting
leisurely and freely with our wives lest some Divine inspiration might be
revealed concerning us. But when the Prophet had died, we started chatting
leisurely and freely (with them)."[163]
"Narrated
'Urwa : The Prophet asked Abu Bakr for 'Aisha's hand in marriage. Abu Bakr
said, 'but I am your brother.' The Prophet said, 'You are my brother in Allah's
religion and His Book, But she ('Aisha) is lawful for me to marry.'"[164]
(Mohammad was fifty years old, and 'Aisha was six or seven years old at that
time, but the marriage was consummated when she turned nine years old).
The point is
this: where there is strong religious leadership, the masses will surrender and
follow the teachings. It is the leadership that passionately believes and
teaches and demands the application of these teachings. Some Muslim leaders,
even in the West, are calling for the practice of these teachings. For example
in the country of Australia a Muslim scholar suggested that
"Polygamy
should be legalised and rape in marriage abolished ... He argued that a woman
should not be able to charge her husband with rape."[165]
Although not
every Muslim follows these teachings, the teachings are there. So a nominal
Muslim who does not follow these teachings now, can revert and become a
committed believer, who would then not only observe them but call others to do
likewise. The Iranian man in the film 'Not Without My Daughter' assured his
little daughter once that he is as American as an apple pie, yet he could
revert to be as strict a Muslim as Khomenie.
The above
material, in the first place, is not the personal opinion of some individuals,
but it represents the will of Allah as expressed in the teachings of Qur'an and
the Hadith. What the Qur'an teaches in black and white, the Hadith teaches in
colour. The Hadith quoted in this booklet is consistent with the spirit of
Islam and the teachings of the Qur'an. If the Hadith was not so, it would have
been rejected out of hand, as fabricated, from the early centuries of Islam,
not thirteen centuries later. On the contrary they have been compiled by the
most pious Muslims of their time, quoted in the mothers of all books in Islamic
literature, which has been published year after year, for more than a thousand
years. In the light of the Qur'an the above Hadith was not condemned and
rejected. It is when it is exposed to a different light that it is called into
question.
The above
quotations are not a collection of isolated, eccentric, or uncommon examples,
but they are a representation of the main stream of a coherent consistent point
of view regarding the place of women in Islam.
We have kept
our comments to a bare minimum so that the reader can come to his own
conclusions, rather than be influenced unduly by our interpretation.
We can see
that the Qur'an, the sound Hadith, the commentators of the Qur'an, Muslim
scholars, ancient and modern are consistent in teaching the superiority of men
over women. Yet there are those who claim the equality of men and women in
Islam. Some make the claim of equality due to real ignorance of the above
material. Others however make the claim of equality in spite of their knowledge
of the above material, as is the case in the film "Mohammad, a messenger
of God". The script of this film was prepared by Muslim scholars who knew
very well the material brought to light in this booklet, and much more.
If you think
this material is unbelievable, please check the references for yourself as a
great number of them have been translated into English. And if you have read
this booklet in haste, please read it again and draw your own conclusions.
Other
languages: We are
looking for Christian organisations to publish / distribute the above article
in German, French, Russian, Mandarin etc. If you are interested please contact P. Newton via email, giving full details of
your organisation and the reasons for your interest.
Correspondence: Mr. Newton and Mr. Rafiqul-Haqq also
invite you to write them with any requests, further questions, clarifications,
disagreements ... by sending an email.
References:
1. Mishkat
al-Masabih, English translation, Book 1, Introduction: Qur'an and Hadith, p.3.
2. Itqan fi
'Ulum al-Qur'an, Vol.II, p.182.
3. Mishkat
al-Masabih, the English translation, Book 1, the importance of the Qur'an and
Hadith, p.2,3.
4. Sahih
Muslim, Introduction to English translation, P. ii.
5. Mishkat
al-Masabih, the English translation, Book 1, the importance of the Qur'an and
Hadith, p.5, Quoted from Malabudda Minhu, p.8
6. Ibid, the
importance of the Qur'an and Hadith, p.2,3.
7. The
Qur'an, 2:228
8.
Ibn-Kathir, commenting on Q. 4:34.
9. Razi
commenting on the Q. 4:11.
10. Ibid.
11. Razi
commenting on the Q. 4:34.
12. Tuffaha,
Ahmad Zaky, Al-Mar'ah wal- Islam, Dar al-Kitab al-Lubnani, Beirut, first
edition, 1985, p.36.
13. Sahih
Bukhari, Arabic-English translation, vol. 1, Introduction, p. xiv.
14. Ibid., 1
Hadith No. 301. See also vol. 3, Hadith No. 826.
15.
At-Tafsir al-Kabir, Razi, commenting on Q. 30:21.
16. Al-Islam
wa-l-Mar'ah al-Mu'aserah, Al-Bahi al-Khuli, Dar al-Qalam, Quwait, 1984, p. 241.
17. Ibid.
18. Sahih
Bukhari, Arabic-English translation, vol. 1 Hadith No. 28.
19. The
Qur'an, 2:282.
20. The Age,
Life behind a veil of Islam, 3/3/1992, p.11. This lady has an arts degree and
post-graduate diploma in education.
21.
Al-Musanaf by Abu Bakr Ahmad Ibn 'Abd Allah Ibn Mousa Al-Kanadi who lived
557H., Vol. 1 Part 2, p. 263. See also Ihy'a 'Uloum ed-Din by Ghazali, Dar
al-Kotob al-'Elmeyah, Beirut, Vol II, Kitab Adab al-Nikah, p. 52.
22.
Kanz-el-'Ummal, Vol. 21, Hadith No. 919.
23. Tuffaha,
Ahmad Zaky, Al-Mar'ah wal-Islam, Dar al-Kitab al-Lubnani, Beirut, first
edition, 1985, p. 180.
24. Ihy'a
'Uloum ed-Din by Ghazali, Dar al-Kotob al-'Elmeyah, Beirut, Vol II, Kitab Adab
al-Nikah, p. 34.
25. The
World Book Dictionary.
26.
Kanz-el-'Ummal, Vol. 22, Hadith No. 858. See also Ihy'a 'Uloum ed-Din by
Ghazali, Dar al-Kotob al-'Elmeyah, Beirut, Vol II, Kitab Adab al-Nikah, p. 65.
27. Ihy'a
'Uloum ed-Din by Ghazali, Dar al-Kotob al-'Elmeyah, Beirut, Vol II, Kitab Adab
al-Nikah, p. 65. Reported by Tirmizi as a true and good Ahadith.
28. Ibid.,
p. 65.
29. Dr.
Mohammad Sa'id Ramadan al-Buti, Ela kul Fataten Tu'min be-Allah, Mu'asasat
ar_Risalah, Beirut, 1987, Eighth edition, p. 41,42.
30. Ibid.,
p. 43.
31. Ibid.,
p. 47,48.
32. Ibid.,
p. 98.
33. Sahih
Bukhari, Arabic-English translation, vol. VII Hadith No. 113.
34. Ibid.,
Hadith No. 114.
35. Ihy'a
'Uloum ed-Din by Ghazali, Dar al-Kotob al-'Elmeyah, Beirut, Vol II, Kitab Adab
al-Nikah, p. 51.
36. The
authority of that Hadith is classed as Sahih. It is quoted by Ahmad and
al-Nisa'i
37. Ihy'a
'Uloum ed-Din by Ghazali, Dar al-Kotob al-'Elmeyah, Beirut, Vol II, Kitab Adab
al-Nikah, p. 51.
37a.
Al-Ghazali, Nasihat al-Muluk, as quoted in: Essid, Yassine, A critique of the origins
of Islamic economic thought, E.J. Brill, Leiden, New York, Koln, 1995, p. 205.
38. Mishkat
al-Masabih, English translation, Book I, Section 'Duties of husband and wife',
Hadith No. 61.
39. Ibid.,
Hadith No. 54 (agreed upon). See also Bukhari, Arabic-English translation, vol.
VII, Hadith no. 121.
40. Dr.
Mohammad Sa'id Ramadan al-Buti, Ela kul Fataten Tu'min be-Allah, Mu'asasat
ar_Risalah, Beirut, 1987, Eighth edition, p. 55.
41. 'Abd
ar-Rahman al-Gaziri, al-Fiqh 'ala al-Mazahib al-Arba'a, Dar al-Kutub al-
'Elmeyah, 1990, vol. 4, p. 7.
42. The
Qur'an, 26:166, Maulvi Mohammad 'Ali's translation.
43. Qortobi,
commenting on Q. 30:21.
44. Suyuti,
commenting on Q. 4:34, see also Mishkat al-Masabih, English translation, Book
I, Hadith No. ii, 74.
45. Mishkat
al-Masabih, English translation, Book I, Section 'Duties of husband and wife',
Hadith No. ii, 60.
46. Suyuti,
commenting on Q. 4:34 and Kanz-el-'Ummal, Vol. 22, Hadith No. 868.
47. Mishkat
al-Masabih, English translation, Section 'Duties of husband and wife', Hadith
No. 70. Reported by Abu Dawood, Ahmad, Tirmizi, Ibn Magah and Ibn Haban.
48. Tuffaha,
Ahmad Zaky, Al-Mar'ah wal- Islam, Dar al-Kitab al-Lubnani, Beirut, first
edition, 1985, p. 176. It is also quoted in Al-Musanaf by Abu Bakr Ahmad Ibn
'Abd Allah Ibn Mousa Al-Kanadi who lived 557H., vol. 1 part 2, p. 255.
49. Suyuti,
commenting on Q. 4:34.
50. Sunan
Ibn Magah, Kitab al-Nikah, Hadith No. 1850.
51. See Razi
and Qortobi commenting on Q. 30:21.
52.
Dictionary of Qur'anic terms and concepts, Mustansir Mir, Garland publishing
inc. New York& London, 1987, p. 235.
53. See for
example Q. 2:231, 232, 233.
54. Mishkat
al-Masabih, English translation, Book 1, section 'duties of husband and wife',
Hadith No. 68.
55. The
Qur'an, 4:34. (Arberry's translation).
56. The Holy
Qur'an, Yusuf Ali's Translation.
57. Razi,
At-tafsir al-Kabir, on Q. 4:34.
58. Mishkat
al-Masabih, English translation, Book 1, section 'duties of husband and wife',
Hadith No.50.
59. Ibid.,
Hadith No.76.
60. Ibid.,
Footnote No 138.
61. Ibid,
Footnote No 140.
62. Ibn
Kathir, commenting on Q. 4:34, this Hadith is also reported by Abu Dawood and
al-Nisa'i and Ibn Magah.
63. Guardian
Weekly, 23/12/1990, Violence against Women Highlighted, p. 13.
64. Sayid
Qotb, Fi Zilal al-Qur'an, commenting on the Qur'an 4:34.
65. The
Australian Minaret, published by the Australian Federation of the Islamic
Councils, November 1980, p.10.
66. Sayid
Qotb, Fi Zilal al-Qur'an, commenting on the Qur'an 4:34.
67. Al-Bahi
al-Khuli, Al-Islam wa-l-Mar'ah al-Mu'aserah, Dar al-Qalam, Kuwait, 1984, p.
105.
68. The
Qur'an 4:128. (Arberry's translation).
69. Sahih
Bukhari, Arabic-English translation, vol. 7, Hadith No. 134.
70. Ibid.,
Hadith No. 130&131
71. Ihy'a
'Uloum ed-Din by Ghazali, Dar al-Kotob al-'Elmeyah, Beirut, Vol II, Kitab Adab
al-Nikah, p. 52.
71a. AN
INTRODUCTION TO THE SCIENCE OF HADITH, Al-Quran Society London, Author: Dr.
Suhaib Hasan, http://www.islamworld.net/hadith.html
71c. as
quoted in "Family Values in Islam", http://www.pakistanlink.com/religion/religion-8-23-96.html
71d. Sahih
Bukhari, English-Arabic, Book VII, Kitab an-Nikah, Hadith No. 130.
71e. Ihya'
'Uloum ed-Din by Ghazali, Dar al-Kotob al-'Elmeyah, Beirut, pp. 50-51.
72. The
Qur'an 4:3.
73. The
Qur'an 4:129. (Dawood's translation).
74. Tuffaha,
Ahmad Zaky, Al-Mar'ah wal-Islam, Dar al-Kitab al-Lubnani, Beirut, first
edition, 1985, p. 58. See also Razi and al-Jalalayn on the above verses. And
Ihy'a 'Uloum ed-Din by Ghazali, Dar al-Kotob al-'Elmeyah, Beirut, Vol II, Kitab
Adab al-Nikah, p. 54. And Ibn al-'Arabi, Ahkam al-Qur'an, vol. 1, p.504.
75. Razi,
At-tafsir al-kabir, commenting on Q. 4:129.
76. Ibid.,
commenting on Q. 4:3.
77. Ibid.,
commenting on Q. 4:3.
78. Ibid.,
commenting on Q. 4:3.
79. Ihy'a
'Uloum ed-Din by Ghazali, Dar al-Kotob al-'Elmeyah, Beirut, Vol II, Kitab Adab
al-Nikah, p.34.
80. Abd
ar-Rahman al-Gaziri, al-Fiqh 'ala al-Mazahib al-Arba'a, Dar al-Kutub
al-'Elmeyah, 1990, vol. 4, p. 89.
81. Ibid.
82. Ihy'a
'Uloum ed-Din by Ghazali, Dar al-Kotob al-'Elmeyah, Beirut, Vol II, Kitab Adab
al-Nikah, p. 33.
83. Ibid.
84. Sahih
Bukhari, Arabic-English translation, vol. 7, Hadith No. 142. And vol. 1, Hadith
No.268.
85. Mohammad
Ibn Saad, al-Tabakat al-Kobra, Dar al-Tahrir, Cairo, 1970, Vol 8, p. 139.
86. Ihy'a
'Uloum ed-Din by Ghazali, Dar al-Kotob al-'Elmeyah, Beirut, Vol II, Kitab Adab
al-Nikah, p.27.
87. Ibid.,
p.34.
88. Razi,
At-tafsir al-kabir, commenting on Q. 4:3.
89. Qortobi,
commenting on Q. 4:3.
90. Mishkat
al-Masabih, Book II, Divorce, Hadith No. 137.
91. Sahih
Bukhari, English translation by M. Muhsin Khan, Vol. VII, pp. 6&7, see
Hadith No. 10.
92. Mishkat
al-Masabih, Book 1, duties of parents, Hadith No. 15
93. 'Abd
ar-Rahman al-Gaziri, al-Fiqh 'ala al-Mazahib al-Arba'a, Dar al-Kutub al-
'Elmeyah, 1990, vol. 4, p. 522.
94. Ibid.,
p. 523.
95. Mishkat
al-Masabih, Book 1, duties of husband and wife, Hadith No.62
96 The
Qur'an 44:51-54 (Pickthall's translation).
97. The
Qur'an, 55:56-58 (Arberry's translation).
98.The
Qur'an, 55:72 (Rodwells translation).
99.
Pickthall in his translation of the Qur'an omits this description all together,
although it is found in Dawood's, Rodwell's, and Arberry's translations.
100. The
Qur'an, 78:33 (Arberry's translation).
101. Ibn
Kathir, commenting on Q. 78:33.
102. Sahih
Muslim, English translation, Hadith No. 6793, see also 6794, 6795 &6797.
103.
Ibn-Kathir commenting on Q. 56:35-37.
104. Mishkat
al-Masabih, English-Arabic translation, Book IV, Chapter XLII, Paradise and
Hell, Hadith No.24.
105. Sunan
at-Tirmizi, kitab sifat al-Ganah, Hadith No. 2536.
106.
Ibn-Kathir, vol. 8, page 11, commentary on Q. 56:35-37, published by Dar
Ash-sha'b, editorial footnote by the publisher explaining the meaning of
'dahman'.
107. Ibid.,
commenting on Q. 56:35-37. 108. The Qur'an 36:55.
109. Tafsir
al-Jalalayn on Q. 36:55.
110. Ihy'a
'Uloum ed-Din by Ghazali, Dar al-Kotob al-'Elmeyah, Beirut, Vol IV, p. 575.
111. Ibn
'Abbas, Tanweer al-Miqbas, commenting on Q. 36:55.
112. 'Abd
ar-Rahman al-Gaziri, al-Fiqh 'ala al-Mazahib al-Arba'a, Dar al-Kutub al-
'Elmeyah, 1990, vol. 4, p. 7.
113. Ibid.,
p. 9.
114. 'Ibid.,
p. 8.
115. Sahih
Bukhari, English translation by M. Muhsin Khan, Vol. VII, Hadith No. 81. See
also Mishkat al-Masabih, Book II, under section dower, Hadith No. 53.
116.
Encyclopaedia of Islam, under 'Mahr'.
117. Mishkat
al-Masabih, Book II, under section dower, Hadith No. 57., reported from Abu
Daud also reported by Ahmad.
118. Ibid.,
Hadith No. 58., reported by Tirmizi
119. Sahih
Bukhari, English translation by M. Muhsin Khan, Vol. VII, Hadith No. 80.
120.
Al-Islam wa-l-Mar'ah al-Mu'aserah, Al- Bahi al-Khuli, Dar al-Qalam, Kuwait,
1984, p. 57, reported in Musnad Ahmad.
121. 'Abd
ar-Rahman al-Gaziri, al-Fiqh 'ala al-Mazahib al-Arba'a, Dar al-Kutub al-
'Elmeyah, 1990, vol. 4, p. 8.
122.
Qurtubi.
123.
Encyclopaedia of Islam, under 'Nikah'.
124. Ibn
Kathir, commenting on the Q. 4:24.
125. Ibid.
126. Razi,
commenting on Q. 4:25.
127. Ibid.,
commenting on Q. 4:24.
128. Ibid.
129. Qurtubi,
commenting on Q. 4:24.
130. Abu
Bakr Mohammad Ibn 'Abd Allah known as Ibn al-'Araby, Ahkam al-Qur'an, Part 1,
p.387.
131. Ibid.,
p.401.
132. Ibid.,
p.317.
133. 'Abd
ar-Rahman al-Gaziri, al-Fiqh 'ala al-Mazahib al-Arba'a, Dar al-Kutub
al-'Elmeyah, 1990, vol. 4, p. 488.
134.
Encyclopaedia of Islam, under 'Nikah'.
135. 'Abd
ar-Rahman al-Gaziri, al-Fiqh 'ala al-Mazahib al-Arba'a, Dar al-Kutub
al-'Elmeyah, 1990, vol. 4, p.495.
136.
Encyclopaedia of Islam, under 'Nikah'
137. 'Abd
ar-Rahman al-Gaziri, al-Fiqh 'ala al-Mazahib al-Arba'a, Dar al-Kutub
al-'Elmeyah, 1990, vol. 4, pp. 495-497.
138. Ibid.,
p. 498.
139. Ibid.,
p. 497-498.
140. Ibid.,
p. 497-499.
141. Ibid.,
p. 5.
142. Mishkat
al-Masabih, Book 1, duty towards children Hadith No. 43.
143. Ihya'
'Uloum ed-Din by Ghazali, Dar al-Kotob al-'Elmeyah, Beirut, vol. II, Kitab Adab
al-Nikah, p. 45.
144. Ibid.,
p. 35.
145. Ibid.,
P.33. Also quoted in Sahih Muslim, English translation, Hadith No. 3240.
146. Sahih
Bukhari, Arabic-English translation, vol. vii , Hadith No. 33.
147. Dr.
Mohammad Sa'id Ramadan al-Buti, Ela kul Fataten Tu'min be-Allah, Mu'asasat
ar_Risalah, Beirut, 1987, Eighth edition, p. 19.
148. Ibid.,
p. 16.
149. Ihya'
'Uloum ed-Din by Ghazali, Dar al-Kotob al-'Elmeyah, Beirut, vol. II, Kitab Adab
al-Nikah, p. 53.
150..Sahih
Bukhari, Arabic-English translation, vol. 1, section 'A menstruating woman
should not fast', Hadith No. 301.
151. Sahih
Muslim, English translation, Kitab Al-Riqaq, chapter MCXL Hadith No. 6600.
152. Dr. Mohammad
Sa'id Ramadan al-Buti, Ela kul Fataten Tu'min be-Allah, Mu'asasat ar_Risalah,
Beirut, 1987, Eighth edition, p. 21.
153.
Kanz-el-'Ummal, Vol. 21, Hadith No. 825.
154. Ibid.,
Hadith No. 829.
155. Ibid.,
Hadith No. 831.
156. Nawal
El Sa'dawi, The Hidden Face of Eve, Zed Press, London, 1980, pp. 139, 140.
157. Ihya'
'Uloum ed-Din by Ghazali, Dar al-Kotob al-'Elmeyah, Beirut, vol. II, Kitab Adab
al-Nikah, p. 64
158. Ibid.,
Vol V, p. 6.
159. Razi,
commenting on the Qur'an 33:51.
160. Ibn
al-'Arabi, Ahkam al-Qur'an, part one, p. 63.
161.
Tuffaha, Ahmad Zaky, Al-Mar'ah wal-Islam, first edition, Dar al-Kitab
al-Lubnani, Beirut, 1985, pp. 33.
162. Ibid.,
P.37.
163. Sahih
Bukhari, English translation by M. Muhsin Khan, Vol. VII, Hadith No. 115.
164. Ibid.,
Hadith No. 18
165. The
Sun-Herald, an Australian news paper, April 28, 1991, p. 21.