The Qur’an and the Sunnah emphasize protecting women, safeguarding their rights, and being kind to them, because they are often vulnerable and sensitive. The following examples are from the Qur’an and the Sunnah:

 

• 1. Women in the Qur’an

There are many verses in the Qur’an which demonstrate equality between men and women; for example, in the act of creation. The Qur’an declares, ‘O mankind, fear your Lord, who created you from one soul and created from it its mate and dispersed from both of them many men and women. And fear Allah, through whom you ask one another, and the wombs…’  [An-Nisa’, 4:1] And, ‘And it is He who produced you from one soul and [gave you] a place of dwelling and of storage. We have detailed the signs for a people who understand.’ [Al-An’am, 6:98]  And, ‘It is He who created you from one soul and created from it its mate that he might dwell in security with her.’ [Al-A’raf, 7:189] And, ‘He created you from one soul. Then He made from it its mate …’ [Az-Zumar, 39:6]

 

Men and women are equal in their acts of worship and in performing their Islamic obligations.   God [swt] does not prefer one sex over the other or one race over another. The Qur’an states this clearly, ‘O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted.’ [Al-Hujurat, 49:13]

 

Men and women, and Muslims and non-Muslims are all equal in terms of their servitude to the Creator. The Qur’an states, ‘There is no one in the heavens and earth but that he comes to the Most Merciful as a servant.’ [Maryam, 19:93]

 

The Qur’an declares that men and women are equal in terms of reward and punishment; it states, ‘Whoever does an evil deed will not be recompensed except by the like thereof; but whoever does righteousness, whether male or female, while he is a believer – those will enter Paradise, being given provision therein without account.’. [Ghafir, 40:40] And, the Qur’an states, ‘And their Lord responded to them, “Never will I allow to be lost the work of [any] worker among you, whether male or female; you are of one another.’  [Ala-‘Imran, 3:195] And, it declares, ‘And whoever does righteous deeds, whether male or female, while being a believer – those will enter Paradise and will not be wronged, [even as much as] the speck on a date seed.’  [An-Nisa, 4:124] And, ‘Whoever does righteousness, whether male or female, while he is a believer – We will surely cause him to live a good life, and We will surely give them their reward [in the Hereafter] according to the best of what they used to do.’ [An-Nahl, 16:97]

 

The Qur’an emphasizes equality between both of them regarding their rights and duties. ‘…And due to the wives is similar to what is expected of them, according to what is reasonable….’ [Al-Baqarah, 2:228] And, ‘For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much – an obligatory share. [An-Nisa, 4:7]

 

The Qur’an rejects what the pre-Islamic Arabs used to do; it states, ‘And when one of them is informed of [the birth of] a female, his face becomes dark, and he suppresses grief. He hides himself from the people because of the ill of which he has been informed. Should he keep it in humiliation or bury it in the ground? Unquestionably, evil is what they decide.’ [An-Nahl, 16:58-59]

 

These texts not only emphasize equality regarding Islamic duties, rights and obligations, but also recommend that Muslims deal with women in a gentle, noble and kind way. The Qur’an says, ‘…live with them in kindness. For if you dislike them – perhaps you dislike a thing and Allah makes therein much good.’ [An-Nisa, 4:19] And, ‘…give them [a gift of] compensation – the wealthy according to his capability and the poor according to his capability – a provision according to what is acceptable, a duty upon the doers of good.’ [Al-Baqarah, 2:236]

 

The Qur’an says, ‘Lodge them [in a section] of where you dwell out of your means and do not harm them in order to oppress them. And if they should be pregnant, then spend on them until they give birth. And if they breastfeed for you, then give them their payment and confer among yourselves in the acceptable way; …’ [Al-Talaq, 65:6]

 

It also states, ‘…[provided] that you seek them [in marriage] with [gifts from] your property,…’ [An-Nisa, 4:24] And declares, ‘…give them from the wealth of God  which He has given you.…’ [An-Nur, 24:33]

 

And, it says, ‘…But if they obey you [once more], seek no means against them. Indeed, God is ever Exalted and Grand.’ [An-Nisa, 4:34] And, ‘O you who have believed, it is not lawful for you to inherit women by compulsion. And do not make difficulties for them in order to take [back] part of what you gave them.’ [An-Nisa, 4:19]

 

The Qur’an states,‘…Then, either keep [her] in an acceptable manner or release [her] with good treatment.’ [Al-Baqarah, 2:229]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.2. Women in the Sunnah

I will refer to some texts in which the Prophet [pbuh] responded to a question from one of his companions. The companion asked the Prophet [pbuh], ‘Who is the most beloved person to you?’ He replied, ‘A’ishah.’ [Al-Hakim] In another narration, his response to the same question was, ‘Fatimah.’ [Al-Hakim] The two narrations show how the Prophet [pbuh] honoured women; in this case his wife and daughter, by showing more love to them than anybody else. So, Muslims should also follow the Prophet’s [pbuh] example in honouring and respecting women. His high moral character and honourable treatment of women was such that he used to send gifts to Khadijah’s  friends even after her death. This was narrated by Anas Ibn Malik in a Hadith that states that he used to send gifts to a woman because she was a friend of Khadijah.’ [Al-Tabarani]

 

The Prophet [pbuh] also said, ‘Act kindly towards women.’ [Al-Bukhari and Muslim] In this Hadith he was referring to women in general as wives, mothers, daughters, and female relatives. Abu Hurayrah [ ] narrated that the Prophet [pbuh] said, ‘A believer must not hate his wife. If he dislikes one of her characteristics he will be pleased with another.’ [Ahmad and An-Nasa’i] Moreover, the Prophet [pbuh] evaluated a man according to how he treated his wife because she is the closest person to him. He [pbuh] said, ‘The best of you are those who are the best to their wives, and I am the best to mine.’ [Ibn Hibban and Al-Hakim]

 

He also recommended that husbands should spend generously on their wives and regarded it as the best kind of spending. He [pbuh] said, ‘A dinar you spend in God’s way, or to free a slave, or in the charity you give to a needy person, or to support your family, the greatest reward is for that which you spend on your family [wife].’ [Muslim and Ahmad] He [pbuh] also said, ‘Whatever you spend seeking the pleasure of God, will have its reward, even the morsel of food which you put in your wife’s mouth.’ [Al-Bukhari and At-Tirmidhi]

 

The textual sources of Islam [the Qur’an and Sunnah] not only emphasize equality between males and females regarding their obligations, rights and duties, they also recommend being kind and gentle towards women, because their physical strength is less than that of a man, which makes it easy for men to be unjust towards them. There are two types of categories within the texts; those that explain the honour of women and those that explain their status:

 

1. Texts that promote equality between men and women in regards to their religious obligations, rights and duties.
2. Texts that recommend that women are treated kindly and with respect. These texts are more important because they place particular stress on the kind and gentle treatment of women because, physically, they are less strong, have sensitive feelings, .

 

The first category of texts stresses equality between men and women in Islamic obligations, rights, and duties. The apparent differences in some of these rights result from differences in functions and characteristics, but these differences cannot be described as discrimination. For example, if a father buys new clothes for his sons and ignores his daughters, this would be a type of injustice. However, if he buys male clothing for his sons and female clothing for his daughters, this would not be unjust because the difference resulted from their different characteristics and functions.

 

Although the issue is clear, it has become controversial with those who call for total equality between the sexes. This can be seen when women feel they must also be part of contact sports and weight lifting in order to be considered equal to men. Some call for equality between males and females in terms of fashion and in other things such as contact sports and weight lifting. This is the type of equality and justice  .

All the above texts from the Qur’an and the Sunnah of the Prophet [pbuh] confirm and reveal the high status of women in Islamic law. No legislation in the past or in the present has honoured, protected, and guaranteed the rights of women as Islamic legislation has done.

 

Despite the clear image of women in the texts of Islamic Shari’ah, some people deliberately raise objections against these sources in order to distort and defame the correct meaning. An example of this is the Hadith in which the Prophet [pbuh] said, ‘O you women! I have not seen such deficiency in mind and religion, [which can seize the heart of a firm man] like anyone of you.’ They said, ‘How are we deficient in mentality and religion, O Prophet of God?’ He [pbuh] said, ‘Is not the testimony of a woman half that of a man?’ They replied, ‘Yes.’ He [pbuh] said, ‘This is due to the deficiency of her mind. Does she not stop praying and fasting during her monthly menstruation?’ They said, ‘Yes.’ He [pbuh] said, ‘This is why she is deficient in religion.’ [Al-Bukhari and Muslim]

 

Initially, this Hadith mentions the ability of women and their impact on men, even those who are wise. When one of them thought that this was offensive to women, she asked the Prophet [pbuh] about the deficiency. So, the Prophet [pbuh] told her that this deficiency does not belittle her honour or status with men in terms of religion nor does it deteriorate the honour or high status of woman in general. Another reason is the physiological nature of women. Islam removes significant burdens from women by exempting them from performing prayer or fasting at certain times. When she understood this, she kept silent. How can women be less in worship than men, while the most honourable ladies are Mary, the daughter of ‘Imran, Fatimah, the daughter of Muhammad [pbuh], and Asiyah, the wife of the Egyptian pharaoh? They all exceed men in worship and piety. So, the Prophetic text should be explained within this context, without alteration, addition or deletion. The text does not belittle the status or honour of woman.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Part Two: Women in Islamic Jurisprudence [Fiqh]

 

There are many issues of Islamic jurisprudence pertaining to women. I will focus on the most important issues which are considered examples of the status of woman in Islamic law. These issues are:

 

• Inheritance
• Testimony
• Polygyny
• The Right to Choose Her Spouse
• The Right to Get a Divorce
• To be an Imam in prayer
• Circumcision
• Political Rights
• Spousal Abuse
• Hijab [Modest Apparel Including Head Covering]
• Niqab [Face Cover]

 

2.1. Woman’s Share in Inheritance

The legal definition of inheritance according to Ash-Shafi’i scholars and the Hanbali scholar, Al-Qadi Afdalud-Din Al-Khunji, is the dividable right of the one who is entitled to it after the death of its possessor, due to kinship or the like [i.e. marriage or wala’].

 

It should be remembered that Ijtihad^[1] is limited in the field of inheritance. The majority of rules and issues regarding the laws of inheritance are divine. The Law-Giver is the One who prescribes the share of each person. When Muslim scholars contemplate these shares, their belief in God increases and they thank Him for the divine wisdom of the law, and say, ‘Our Lord says the truth.’ ‘We have not neglected in the Register a thing.…’ [Al-An‘am, 6:38]

 

Critics repeatedly claim that Islam has oppressed women by making her share of inheritance half that of a man. As Muslims, we believe in the attributes of God [swt] and among these attributes are ‘the Just’ and ‘the Judge’. His justice is unlimited and encompasses all mankind. Moreover, there are statements in the Qur’an that every Muslim should remember.

 

The Qur’an declares, ‘…And your Lord does injustice to no one.’ [Al-Kahf, 18:49] And, ‘…injustice is not done to them, [even] as much as a thread [inside a date seed].’ [An-Nisa, 4:49] And, ‘…God is not ever unjust to [His] servants.” [Al-Hajj, 22:10] And, ‘…God would not have wronged them, but it was they who were wronging themselves….’ [Al-’Ankabut, 29:40] ‘God does not do injustice, [even] as much as an atom’s weight…’ [An-Nisa’, 4:40] And says, ‘…will not be wronged, [even as much as] the speck on a date seed.’ [An-Nisa’, 4:124] And declares, ‘…It is not God who wrongs them, but they wrong their own souls.’ [At-Taubah, 9:70]

 

Not every share of inheritance between men and women is different. Men only receive twice the share of women in a limited number of cases. Islamic jurisprudence of inheritance explains that the difference between heirs [males and females] is not related to sex, but rather, it is based on divine wisdom and objectives. The difference in the shares of the heirs [male and female] is determined by three criteria:

 

1. The relationship between the deceased [male or female] and the heir [male or female].  If the proximity of the relationship is near, the share of the inheritance will be increased and vice versa without any consideration of sex. If the relationship is distant, the share will be less. For instance, a single daughter inherits half the estate of her mother [as a female], while the husband [i.e. father of the daughter] inherits a quarter of the estate [even though he is male] because the daughter is closer to the deceased [the mother] than the husband.

 

2. The rank of generation also plays a vital role in determining the share of inheritance. We find the younger generations, which face the future and are preparing themselves to endure life’s burdens, usually inherit a greater share than the older generations. Those who are working and struggling to sustain the lives of their dependents are also taken into account, regardless of their sex.  Thus, the daughter of the deceased will inherit a larger share than her mother, even though both of them are females. The daughter’s share is more than her father’s share if she does not have a brother.

 

3. Financial responsibility which Islamic law has imposed upon the male. This is the only criteria that may differentiate between the sexes.  Therefore, the difference is not related to any injustice towards women or to decrease their status, but rather the opposite is true.

 

If the heirs are equal in the first two criteria [i.e. in terms of their proximity to the deceased and in terms of their age], such as with children of the deceased, then we find that the financial burdens are different between the sexes, and this is the reason for the difference in the inheritance.  The Qur’an did not generalize the difference between male and female heirs, but rather specified it in one case. The reasoning behind the difference in this case is that the male is charged with the responsibility of maintaining his female relatives like his wife, her children, and any other female relatives.

 

The husband is financially responsible for his wife. Although a wife inherits a share which is less than her son’s share, she is fortunate, because her share is free from obligatory burdens of bearing the family’s expenses. Her share is for her personal use and is a kind of insurance against danger and change. The divine wisdom contained in this legislation is obvious.

 

1. A man bears financial burdens at the beginning of his marital life. For example, he pays Al-Mahr [the dower]. God [swt] says, ‘And give the women [upon marriage] their [bridal] gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease..’ [An-Nisa’, 4:4] Al-Mahr is the obligatory money given by a husband to his wife at the time of marriage. On the other hand, she is not required to pay a dowry to him if she wants to marry him.

 

2. After marriage, the husband is financially responsible for his wife even if she has more money than him. Moreover, she is not required to spend her money on herself or on him. Islam privileges her and protects her wealth.

 

3. Man is also financially responsible for his other relatives such as his mother, father, and children; and he bears the family burdens and social obligations.

 

These considerations, along with others, make us look objectively at wealth. The concept of wealth, or of an estate, is more comprehensive than that of income, since income is different from wealth which is the amount that remains after the  and expenditures.

 

For these reasons, in special cases, Islam fixes the share of a woman as half that of a man. Moreover, it ensures that her share is hers to keep, except for paying Zakat [poor-dues]. God [swt] gives men a greater share but commands them to spend on their wife, children and parents once they attain the age of maturity and are financially responsible. By knowing this, we can appreciate that  over men in terms of wealth, and assures that they keep their wealth without obliging them to spend it.

 

Therefore, when the issue of financial burdens does not exist, as in the case of inheritance for uterine brothers and sisters, we find that the Law-Giver makes the share of inheritance of the male equal to that of the female. God [swt] says, ‘And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third.’ [An-Nisa’, 4:12]

 

The reason why males and females receive an equal share of inheritance here is their maternal kinship, and they are not residuary [‘Asaba]^[2] for the deceased. The man falls under the category of his lineage while the woman does not, for he does not bear any burden or responsibility in this respect.

 

Many facts are revealed by reviewing the following cases and issues of inheritance:

 

1. There are only four cases where a male inherits double the share of a female.
2. There are many cases where a female inherits a share equal to that of a male.
3. There are more than ten cases where a woman inherits more than that of a male.
4. There are cases where a woman inherits a share, but the man inherits nothing.

 

These cases are detailed as follows:

 

1. Cases Where a Woman is Entitled to Half the Share of a Man
2. If the deceased leaves a daughter and a son, or a son’s son or a son’s daughter.
3. If the deceased only leaves a father and mother and does not leave any children, a husband or a wife.
4. If the deceased leaves full sisters and brothers.
5. If the deceased leaves paternal half sisters and brothers.

 

2. Cases Where Women Have a Share Equal to Men
3. If the deceased leaves a father, a mother, and a son’s son.
4. If the deceased leaves a uterine brother and sister.
5. If the deceased leaves full sisters, and uterine brothers and sisters.
6. If the deceased leaves a daughter, brother or the nearest residuary [‘Asabah] to the father [with no one to exclude anyone from inheritance].
7. If the deceased leaves a father, a maternal grandmother and a son’s son.
8. If the deceased leaves a husband, a mother, two uterine sisters and a full brother. According to ‘Umar [raa], two uterine sisters and full brothers share one third equally.
9. A man or a woman is entitled to the whole estate in cases where he or she is the sole heir. For example, the son inherits the whole estate as a residuary, while the daughter inherits half as a sharer and the remainder by the method of Radd [return]. In another example, if the deceased leaves only a father, the father will inherit the estate as a residuary, and if the deceased leaves only a mother, then she inherits a third as a sharer and the remainder goes to her by the method of Radd [return].
10. If the deceased leaves her husband and a full sister, her sister inherits the same as the male. If the deceased leaves a husband and full brother, the husband is entitled to half, while the remainder goes to her brother as a residuary. If she leaves a husband and a sister, then the husband has half and the sister receives the remaining half as well.
11. If the deceased leaves a uterine sister and a full brother. If there is a husband, mother, uterine sister, and a full brother, then the husband is entitled to half, the mother is entitled to a sixth, the uterine sister is entitled to a sixth, and the remainder [one sixth] is given to the full brother as residuary.
12. Dhawul-Arham [distant relatives] which is applied under Egyptian Law in Article 31 of Law no. 77 in 1943. If there are no sharers or residuaries, then the distant relatives are the heirs. In this case, the estate is divided among them equally. For instance, if the deceased leaves a daughter’s daughter, a daughter’s son, a maternal uncle and a maternal aunt, everyone will receive an equal share.
13. There are six people who are never fully excluded from inheritance: three men and three women. The three men are the husband, the son, and the father, and the three women are the wife, the daughter, and the mother.

 

 

3. Cases Where Women Inherit More Than Men
4. If the deceased leaves a husband and one daughter.
5. If the deceased leaves a husband and two daughters.
6. If the deceased leaves a daughter and maternal uncles.
7. If a woman dies leaving $60,000, and the heirs are her husband, father, mother and two daughters, the share of the two daughters is $32,000, where each inherits $16,000. If the deceased leaves two sons instead of two daughters, then each son inherits $12,500, because the two daughters inherit two-thirds as sharers, while the two sons inherit the rest as residuaries.
8. If a woman dies when her estate is worth $48,000, and she leaves a husband, two full sisters, and her mother, then the two sisters inherit two-thirds of the estate, which is $12,000. If she leaves two brothers instead of two sisters, each brother inherits only $8,000 because they inherit the remainder of the estate after the husband and the mother receive their share.
9. Similarly, if she leaves two paternal sisters, they inherit more than two paternal brothers.
10. If a woman dies leaving a husband, a father, a mother, and a daughter and her estate is worth $156,000, then the daughter inherits half of the estate [i.e. $72,000], but if she leaves a son instead of a daughter, then he would only inherit $65,000 because she inherits as a sharer while he inherits as a residuary. Sharers are given their share first and then the residuaries.
11. If a woman dies leaving her husband, mother, and full sister, and her estate is worth $48,000, then the full sister inherits $18,000. But if she leaves a full brother instead of a sister, then he inherits $8,000 because he only inherits as a residuary, whereas the sister would inherit as a sharer, like the husband and the mother. In this case, the full sister inherits more than double the share of a full brother.
12. If a man dies when his estate is worth $48,000, and he leaves a wife, mother, two uterine sisters, and two full brothers, then the two uterine sisters [who are the furthest relatives of the deceased] inherit $16,000, or $8,000 each, while the two full brothers inherit $12,000, or $6,000 each.
13. If a woman leaves a husband, uterine sister, and two full brothers and her estate is worth $120,000, then the uterine sister inherits one-third of the estate, or $40,000, while the two full brothers inherit $20,000. Thus, the uterine sister [who is the furthest relative of the deceased] receives a share which is four times that of the full brother.
14. If the deceased leaves a father, mother, and husband, according to Ibn ‘Abbas, the husband inherits half, the mother is entitled to one-third and the remaining one-sixth goes to the father. The father here inherits half of his wife’s share.
15. If a woman leaves a husband, mother, uterine sister, and two full brothers, and her estate is worth $60,000, the uterine sister inherits $10,000 while each brother inherits $5,000. This means that the uterine sister’s share is double that of the full brother, even though she is a more distant relative to the deceased than him.
16. If a man leaves a wife, a father, a mother, a daughter and his son’s daughter when the estate is worth $576,000, then the share of his son’s daughter is $96,000, whereas if he had left a son’s son instead of a son’s daughter, the share of his son’s son would only be $27,000.
17. If the deceased leaves a mother, maternal grandmother, and paternal grandmother, and the estate is worth $60,000, then the mother inherits one-sixth as a sharer and the remainder by the method of return [radd]. If the deceased leaves a father instead of a mother; meaning a father, a maternal grandmother, and a paternal grandmother, then the maternal grandmother will inherit one-sixth or $10,000 and will not be excluded. $10,000 and the reminder [$50,000] is given to the father. The mother inherits the whole estate [$60,000] while if the father assumes her position he will only inherit $50,000 which means that she inherits more than him.

 

Cases Where Women Inherit and Men Do not

1. If a woman leaves her husband, father, mother, daughter, and son’s daughter and her estate is worth $195,000, then the son’s daughter inherits one-sixth [$26,000]. However, if the woman leaves a son’s son instead of a son’s daughter, then his share will be zero, because he is a residuary who would inherit the remainder but there is no remainder. This distribution is different from the law of obligatory bequest applied in Egyptian Law No. 71 of 1946, which contradicts the Islamic Schools of Thought. Here, I mean the authentic schools that maintain that women inherit in some cases, while men do not.
2. If a woman leaves a husband, full sister, and paternal sister and her estate is worth $84,000, the paternal sister inherits one-sixth, or $12,000, while if there is a paternal brother instead, he will inherit nothing. The husband will inherit half of her estate and the full sister will inherit half, and the remainder [i.e. nothing] goes to the paternal brother.
3. The grandmother in many cases has a share in the inheritance while the grandfather does not. By viewing the rules of inheritance for grandparents, I have noticed the following: a grandfather who is related to the deceased from the father’s side, such as the paternal grandfather or the paternal great-grandfather, whoever is closer to the deceased, have no share in inheritance while the maternal grandfather or maternal great-grandfather also have no share in the inheritance. The grandmother, who is entitled to inheritance, is the one whose relation to the deceased does not include a grandfather, who is not entitled to inheritance, or if she is the grandmother whose relation to the deceased does not include a father between two mothers. Thus, the mother of the mother’s father is not entitled to inheritance while the mother of the father’s mother is entitled to it.
4. If the deceased leaves a maternal grandfather and maternal grandmother, then the maternal grandmother inherits the whole estate and takes one-sixth as a sharer, in addition to the residue by the method of return [radd], while the maternal grandfather inherits nothing, since he is a disinherited grandfather.
5. It is the same when a man dies leaving a maternal great-grandfather and maternal great-grandmother. The maternal great-grandmother inherits the whole estate, because she inherits one-sixth as a sharer and the remainder by the method of Radd, whereas the maternal great-grandfather inherits nothing since he is not entitled as a grandfather.

 

Thus, there are more than thirty cases where a woman inherits the same as or more than a man, or where she has a share and he does not. In contrast, there are only four cases where a woman inherits half the share of a man. These are the results of examining the cases and issues in the law of inheritance. I think that this misconception is now clear.

 

2.2. Testimony of a Woman

Shahadah [Testimony] in Arabic has many meanings, such as conclusive information, presence, inspection, a declaration of faith, oath or acknowledgment, and martyrdom.

 

Regarding the juristic meaning of this word, jurists have used the term ‘testimony’ in the recognition of a right, as well as in the case of death in the way of God [swt], and in an oath as in the case of Li’an.^[3] They also used this term to describe the giving of evidence by a witness in court, which is our subject matter. They have differed concerning the definition of testimony according to this meaning as follows:

 

The Hanafi scholar, Al-Kamal, defined it as: true information proved to be correct by saying ‘I witness such and such’ in court.

The Maliki scholar, Ad-Dardir, defined it as: informing the judge of what he knows, so that he may judge accordingly.

The Shafi’i scholar, Al-Jamal, defined it as: giving evidence against someone about something in favour of someone else by saying, ‘I witness …’

The Hanbali scholar, Ash-Shaybani, defined it as: giving information about that which one knows by saying ‘I witness … or I witnessed …’

 

The word shahadah is derived from sha-ha-da ‘to witness’. The eye-witness informs the judge about what he witnessed. This is one of the pleas whereby an allegation is proven.

 

Another misconception that critics repeatedly raise is the issue of giving testimony. They accuse Islam of degrading and belittling women. They frequently say that ‘Islam belittles women by making her testimony equal to half of that of a man.’

 

First of all, we have to understand that testimony is an obligation and a responsibility. When God [swt] facilitates this obligation and the responsibility of a testimony for a woman, He removes a hardship from her. It does not dishonour or belittle the status of women. We must also understand that the conditions which must be met by the witness are not based on sex, but rather on two other criteria:

1. The witness must be just and truthful, regardless of sex.
2. The witness must have some knowledge about the case that enables them to be aware of it and to witness it.

 

If it is proven to the judge that the witness is characterized as sympathetic and tender-hearted then his testimony will not be acceptable, as this indicates that his reaction to criminal issues and his ability to testify about such issues is weak or absent.

 

Other Facts about Testimonies

1. The testimony of a woman is accepted like that of a man in regards to seeing the crescent of Ramadan.
2. A woman’s testimony is equal to that of a man concerning the oath of Li‘an.
3. The testimony of a woman is accepted in issues pertaining to women. Ibn Qudamah said in Al-Mughni, ‘The testimony of a just woman is accepted in matters that men do not know much about, such as nursing, childbirth, menstruation, ‘Iddah [waiting period] and other similar cases. There are no disputes among scholars on this issue. He clarifies this ruling in another place saying, ‘The testimony of one woman is accepted in five matters: 1. childbirth 2. the cry of a newborn baby 3. nursing 4. conditions hidden under clothes such as virginity, and leprosy 5. termination of the waiting period [Iddah].’

 

4. The testimony of one woman is accepted in many cases. Ibn Qudamah said, ‘The testimony of one woman is accepted in every case where the testimony of women alone is accepted.’ ‘Uqbah Ibn Al-Harith asked the Messenger of God [pbuh] saying, ‘I married a woman, then a female slave came to me and said, ‘I suckled you both.’ Accordingly, the Prophet [pbuh] ordered them to separate. He said she is a liar. Then, the Messenger [pbuh] said, ‘Leave [divorce] her.’ Ibn Al-Qayyim commented on this saying, ‘This means that the testimony of one woman was accepted, even though she was a female slave.’ Ma‘ruf Ad-Dawalibi commented on this elegantly saying, ‘The Shari‘ah generally places more emphasis on the testimony pertaining to financial issues, by adding another man beside the first one in order to confirm his testimony and to remove any doubt. No one considers that this is degrading to men as long as this upholds the rights of people. Moreover, the testimony of a single man can never be accepted in even the most trivial of financial issues, whereas women excel men in terms of giving sole testimonies without men in more serious matters, such as being a witness to childbirth, which pertains to lineage and inheritance. Here, a single man’s testimony is not accepted in even the most trivial financial issues. This is an insightful response to those who accuse Islamic teachings of preferring men to women regarding testimony.’

 

5. The testimony of a woman is sometimes preferred to that of a man. For instance, cancelling a marriage contract is the husband’s choice as well as the wife’s choice if either discovers an undisclosed defect in the other. If their views differ in defining the defect, then there should be a reliable female witness whose testimony will be accepted by all sides.

 

6. Testimony is different from narration. The narration of one woman is accepted in every matter, even in Hadith. Prophetic Hadith have been narrated by women on the authority of the Messenger [pbuh], and have the same authenticity as those narrated by men. No one has rejected a woman’s narration because she is a female. Moreover, narrations concerning religious issues are more important than the testimony made in a trial. Ash-Shawkany said, ‘There is no precedent for a scholar to reject a woman’s narration just because she was a female. There are many narrations from women about the Prophet [pbuh] which cannot be denied by any scholar. Ibn Al-Qayyim said, ‘The Prophet [pbuh] never rejected any statement from a reliable person, whether in narration or as a testimony, but he accepted the witness of a just person in all matters that were witnessed. He also accepted the testimony of a single slave woman regarding nursing.’

 

The source of this misconception is the verse: ‘And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses – so that if one of the women errs, then the other can remind her.…’ [Al-Baqarah, 2: 282] Critics confuse the term Shahadah [testimony] and Ishhad [Affidavit].  This verse is dealing with Ishhad [affidavit]. With Shahadah [testimony], the judge needs confirmation from a witness and this does not depend on sex, but only on the judge’s assurance of the truthfulness of the testimony, regardless of sex and the number of witnesses.

 

Once the judge is assured of the validity of the evidence, he approves the testimony of two men, two women, a man and a woman, a man and two women, a woman and two men, or a single man or a single woman. The sex of the witnesses, according to which the judge passes his ruling, has no effect on his decision.

 

The verse refers to the Ishhad [Affidavit] which means that the debtor uses this to confirm his debt. It does not refer to the type of testimony in which the judge rules between litigants. This verse addresses the debtor, not the judges. Moreover, it does not refer to all debtors, but it gives guidance and advice to a certain type of debtor in special cases where the debts have particular circumstances that are stipulated by the verse. These debts must be for an appointed term which is written down by a scribe who is known to be honest. Among the jurists who perceived this difference and explained it in detail are Ibn Taymiyah [661-728 A.H./1263-1328 C.E], his student, Ibn Al-Qayyim [d. 751 AH], and two recent scholars, Sheikh Muhammad ‘Abdu [1265-1323 A.H-1865-1905 C.E.] and Sheikh Mahmud Shaltut [1310- 1383 A.H /1893-1963 C.E.].^[4]

 

Ibn Taymiyah and Ibn Al-Qayyim said the following about the evidence [al-bayyinah] upon which the judge decides and whose juristic and legal basis was deducted from the saying of Allah’s Messenger [pbuh], ‘Evidence must be presented by the one making the allegation and the defendant has to make an oath.’ [Al-Bukhari] Evidence [al–bayyinah] in jurisprudence refers to all things that reveal the truth. It can be accomplished by four witnesses or in some cases by three witnesses [as in the case of proving insolvency], or two witnesses, or even a single witness, including a single woman. Evidence can be revealed by abstaining from making the oath, or fifty oaths or four oaths, which can be revealed by the current condition. Thus, the Prophet’s [pbuh] statement, ‘Evidence [al-Bayyinah] has to be presented by the one who makes the allegation’ means that the claimant must present that which proves his claim. Once his truthfulness is proven, by whichever means, the judge decides in his favour. Thus, the criteria for evidence [al–bayyiinah] can be achieved by the testimony of one or more men. It can also achieved by the testimony of one or more women, depending on the specific type of testimony that the judge requires to issue a decision.

 

Ibn Al-Qayyim commented by saying, ‘The Qur’an does not state that a judgment must be passed by only two male witnesses, or one man and two women. God [swt] stipulates that two witnesses are to be brought by those who have [financial] rights in order to secure their [financial] rights with the number of witnesses. However, He does not order judges to pass their rulings according to it. Therefore, the judge can pass judgment in the event that someone refuses to give a testimony, or refuses to take an oath. Also, the judge could use the testimony of one woman, or of women without the presence of men. In these cases, the judge would further investigate the case in regards to the reputation, age, and number of those providing their testimony.^[5]

 

Ibn Taymiyah justified the wisdom of making the testimony of two women equal to that of one man in financial issues, by arguing that women did not usually deal with these types of financial transactions in their social context. However, if a woman gained experience and fully understood these matters, then her testimony would be regarded as equivalent to that of a man. He said, ‘There is no doubt that the purpose of plurality is experience with finance. However, if a woman acquires such experience and her truthfulness is recognized, then the evidence [al-bayyanah] can be proven by her testimony and it is accepted in religious issues. Therefore, her sole testimony is accepted in certain situations. The testimony of two women and the oath of the claimant are accepted according to Imam Malik and a narration of Imam Ahmad.’ ^[6]

 

The same view was mentioned by Muhammad ‘Abdu who justified the reason for the distinction between the number of men and women in the verse. He clarified that within the social context of the time, women typically did not attend meetings related to financial transactions or business, and so, they did not acquire considerable experience in that field. Historically, this social context is subject to development and change and does not generalize the inherent nature of women throughout the ages.

 

He then said that the interpreters of the Qur’an discussed this matter and attributed it to the mood, and said: ‘The reason for this is that women did not participate in financial dealings like men; not due to their nature of forgetfulness, but rather that they did not have experience in dealing with commutative contracts. The memory of a woman is not inherently weak but was considered to be related to her daily experience, and may have been regarded as stronger than a man’s memory in certain domestic matters with which she typically has more expertise. This is human nature; that the memory of both males and females is weak in areas that are outside their expertise or regular routine.’^[7]

 

Sheikh Mahmud Shaltut agreed with the independent reasoning of Ibn Taymiyah, Ibn Al-Qayyim and Muhammad ‘Abdu. He said that when a woman’s testimony in the issue of Li‘an is equal to that of a man, it vindicates her capabilities and contradicts what the critics allege. He mentioned that the following verse, ‘And if there are not two men [available], then a man and two women…’ [Al-Baqarah, 2: 282] does not refer to the testimony which a judge uses to pass judgment, but rather stands as guidance [irshad] to the ways whereby dealers can be assured of their rights at the time their transactions are made. This does not mean that the truth cannot be proven by the testimony of one woman, or by the testimony of women without men, or that a judge cannot pass judgment accordingly. What the judge needs is evidence [Al-bayyinah].

 

Ibn Al-Qayyim stated that Al-bayyinah, according to the Shari‘ah, is more comprehensive than shahadah [testimony]. Anything that reveals the truth is al–bayyinah by which a judge can pass judgment. For example, the judge passes judgment according to conclusive evidence, including the testimony of a non-Muslim if he is assured thereof.

 

Saying that the testimony of two women is equal to that of one man does not mean that she has a weak mind or is inferior to men. This is because, as Sheikh Muhammad ‘Abdu said: ‘Women typically did not participate in financial dealings or commutative contracts and were considered to be weak in these matters. However, in other things, like domestic matters, their memory was considered to be more reliable than a man’s because this was their area of expertise in most cases. It is natural that a person has a stronger memory in relation to the matters of his/her daily tasks.’

 

The verse addresses what was typical and familiar to most women at that time and is still the same for most women today who still do not participate in financial transactions as often as men. The participation of some women in these areas is regarded as an exception.^[8]

 

Thus, the misconception about this issue has been refuted and it should be clear that critics are being unfair.

 

2.3. Polygyny

In order to remove the misconception about polygyny, we must know that Islam does not command polygyny as some think, but rather Islam places limitations upon it. Salim narrated that his father said that Ghilan Ibn Salamah Ath-Thaqafi converted to Islam while he had ten wives. So, the Messenger [pbuh] said to him, ‘Choose four out of them.’ [Ahmad and Ibn Majah] This Hadith limited the number of wives. Islam did not order the one who marries a woman to then marry another. Polygyny is not a purpose in itself but was regulated for public interests.

 

There is no mention of polygyny in the Qur’an without it being accompanied by qualifying reasons, such as where God [swt] says, ‘And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those your right hand possesses. That is more suitable that you may not incline [to injustice].’ [An-Nisa’, 4: 3]

 

Those who interpret this verse or study it as a social system do not refer to the main reason for which it was set down: the presence of orphans and widows. Polygyny is referenced in conjunction with the term ‘orphans’, but they have taken His saying, ‘marry those that please you of [other] women, two or three or four’ out of its original context, which is a conditional statement. They remove the condition, ‘And if you fear that you will not deal justly with the orphan girls.’ They also remove the following condition, which stipulates that the permissibility of polygyny is based on the just treatment of the wives, as He [swt] says, ‘But if you fear that you will not be just, then [marry only] one.’ So, the Qur’an never referred to polygyny without mentioning these restrictions.

 

Marrying more than four wives at one time is against the Sunnah, which is very different from suggesting that Islam ordered polygyny of up to four wives and forbade getting married to more than four wives at a time.

 

Polygyny was common before Islam among the Arabs, the Jews, and the Persians. Historically, there are examples of kings and sultans who built large houses to be inhabited by more than a thousand women and bondmaids. Sometimes they gave women to other kings as presents and brought new ones for themselves. Jewish laws and legislation, even at present, allow polygyny, yet no one dares to criticize their creed and religion.

 

What is noteworthy for those who attack the Islamic system, which allows men to marry more than one wife at a time in certain circumstances, is that they suffer from domestic disunity. Today, there is the spread of prostitution, the acceptability of multiple girlfriends [lovers] with no limitation, and a man can have a girlfriend who does not enjoy the rights of a wife. Moreover, neither the girlfriend nor her children are recognized by others. She is the only one who pays the price for having an abortion or to live unmarried [as a single mother] bringing up her illegitimate child, ‘So which of the two parties has more right to security, if you should know?’  [Al-An‘am, 6: 81]

 

Relationships in the West have no limitations and do not secure any rights for women.^[9] Instead, men enslave them, have illegitimate relations, and then drive them out emotionally and physically. Moreover, this might encourage the spread of dangerous sexually transmitted diseases, as well as illegitimate children. Women who live an un-Islamic lifestyle face several problems. The following are some of these: abortion, divorce, single parenthood, financial responsibility for children, rape, neglected elderly women, prostitution and much more.

 

The following statistics from the USA reveal the following:

 

• 1980: 1,553,000 cases of abortions took place, 30% of which were for women under 20. The police speculate that, ‘the real number is threefold of that.’
• 1982: 80% of women married for 15 years became divorced
• 1984: 8 million women were living alone with their children without any external help.
• 1986: 27% of citizens were being financially supported by women
• 1982: out of 10,000 women polled, there were 65 reported rape cases
• 1995: 82,000 rapes were committed, 80% of which took place among family and friends. The police speculated that the real number was 35 fold.
• 1997: according to the Protection Societies for Women’s Rights, there was a rape every three seconds, but authorities said that this number was exaggerated and that the real number is one rape every 6 seconds.
• There are 74% old poor women, 80% thereof live alone with no aide
• From 1979 to 1985: sterilization operations were carried out for women who came from Latin America to the US and for women whose ancestoral background is native American, without informing them.
• From 1980 to 1990: there were about million prostitutes in the US
• 1995: the income generated by houses of prostitution and their advertisements exceeded $2,500,000,000.^[10]

[it might be better not mention that statistics]

 

It is commonly known in today’s world that the more homeless girls and women there are, the more likelihood there is of them turning to prostitution. Our pity for them does not help them in their plight. Having more women than men in a society is a problem unless men are allowed to marry more than one wife at a time, in order to safeguard the chastity and well-being of the women. Most laws these days limit men to marrying only one woman at a time and this poses a problem and a threat to many women; they are forced to seek employment and find some way to maintain themselves and their children. Moreover, nowadays there is a large number of married men with illegitimate children and these innocent children have become a burden on society; especially on the women who have to care for them alone. If polygyny was allowed, those children and their mothers would not suffer, and their honour would be secure. If polygyny were allowed women, would be legal wives and their children would be legitimate so the law would be able to ensure their maintenance, inheritance and general support from their father. ^[11]

 

The famous German philosopher Schopenhauer said, ‘Marriage laws in Europe are incorrect because they equalize man and woman [in the issue of marriage] by making polygyny illegal. This deprives us of half of our rights and doubles our duties.’ Then he added, ‘Women in countries that allow polygyny do not mind if a husband maintains her. However, in our society we have a few married women, yet innumerable unmarried women who have no one to support them. Some belong to the upper classes while others belong to lower classes and suffer from hard manual labour or are vulnerable to immorality and then face a miserable and shameful life. In London there are 80,000 prostitutes who are victims of monogamy as a result of the obstinacy of European women and what they falsely claim for themselves. Is it now the time to acknowledge the reality of polygyny?’^[12]  [I suggest this not to be included. Enough has been said on the subject.

 

Gustav Lobon said, ‘Polygyny is good as it promotes morality in the nations that practice it. It makes families more coherent, and gives women respect and happiness which are not found in Europe.’

 

The aforementioned affirms that this system [polygyny] in accordance with certain circumstances and conditions stipulated in Islamic legislation, is not rejected by all European thinkers, and we have seen the statement of those who are impartial.

 

In conclusion, I want to assure you that Islam allows polygyny for all the benefits that we have mentioned and the Qur’an actually limited it. God [swt] says, ‘And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those your right hand possesses. That is more suitable that you may not incline [to injustice]. [An-Nisa’, 4: 3] God [swt] also referred to the difficulty of being able to deal justly with women, as He [swt] says, ‘And you will never be able to be equal [in feeling] between wives, …..’ [An-Nisa’, 4: 129]

 

We also see the Prophetic Sunnah, where the Messenger [pbuh] never ordered anyone who was married to one woman to marry another; rather, he ordered a companion who was married to many women to divorce some of them until he reached the allowed number. We mentioned in the Hadith narrated by Salim, that his father said – when Ghilan Ibn Salamah Ath-Thaqafi submitted himself to God [swt] by accepting Islam – that he was married to 10 women, so the Messenger [pbuh] told him to, ‘Choose four out of them.’ [Ahmad and Ibn Majah]

 

Thus, it becomes clear that polygyny in Islam is honourable for women on the whole. We should consider the issue from all sides and not look at polygyny as unfair to the first wife, because the second wife has the same rights as the first, and it would be unfair for her not to get married at all. Islam gives men this right in order to manage some of the social problems in Islamic societies.^[13]

 

2.4. The Right to Choose a Spouse

Islam gives both men and women the same right to choose each other for marriage, and their parents have no power to compel them to follow their wishes. The role of parents is to give advice and guide the couple but the final choice is left up to the man and woman.

 

Marriage is considered a private matter, so Islam prevents parents from forcing their daughters to get married against their will, as this is unjust and denies women their rights. A woman has every right to accept or reject anyone who proposes to her. Neither her father nor her guardian has the right to force her to get married to someone she dislikes, because marital life cannot be based on compulsion, which contradicts the mercy, tranquillity, and cordiality that is supposed to exist between couples.

 

Many texts from Prophet Muhammad’s [pbuh] traditions demand that we respect the choice of a woman and denounce any kind of compulsion or injustice towards her. These texts are dated from a time period when Arabs, before the advent of Islam, used to treat women unjustly, deny them their rights, humiliate them and abuse them. For example, the Prophet [pbuh] said, ‘A woman [who was previously married] must not be married again until she is consulted, and a virgin must not be married until her permission is sought.’ They asked the Prophet of God [pbuh], ‘How can her [virgin’s] consent can be solicited [and confirmed]?’ He [the Prophet [pbuh]] said, ‘When she keeps silent [without voicing her protest].’ [Al-Bukhari and Muslim]

 

It was narrated, ‘A virgin bondmaid came to the Messenger of God [pbuh] and mentioned that her father had forced her to get married. The Prophet [pbuh] told her to choose whether to stay with him or to get a divorce.’ [Ibn Majah and Abu Dawud] It was also narrated, ‘A man forced his daughter to get married, so she came to the Messenger of God [pbuh] and said something like, ‘My father has married me to someone against my will, while I was already engaged to my cousin.’ So he [pbuh] said to her, ‘This marriage is not valid. Marry the one you like.’ [An-Nasa’i] Khansa’, daughter of Khuzam said, ‘My father forced me to marry when I was a virgin. So, I complained to the Messenger of God [pbuh] who told him, ‘Do not force her to get married.’ [An-Nasa’i]

 

Also, it was narrated, ‘A man from Al-Ansar was killed on the Day of Uhud, leaving his wife and child. The man’s brother and another man both proposed marriage to his widow through her father. The father married her to the other man and refused [to let her marry] the child’s uncle. She went to the Messenger of God [pbuh] and said, ‘My father married me to a man against my will, and refused [to let me marry] my child’s uncle, and now my child will be taken from me.’ So, the Messenger [pbuh] called her father and asked, ‘Have you married so and so to so and so?’ The father said, ‘Yes.’ He [pbuh] said, ‘This marriage is invalid.’ Then, he told him to go and marry the woman to her child’s uncle.’ [Abdur-Razzaq]

 

Ibn Al-Qayyim stated the Messenger’s [pbuh] tradition that ‘A’ishah [raa] asked God’s Messenger [pbuh] about a female bondmaid whose marriage had been solemnized by her guardian, whether it was necessary to consult her. God’s Messenger [pbuh] said, ‘Yes, she must be consulted.’ ‘A’ishah [raa] asked, ‘What if she feels shy?’ God’s Messenger [pbuh] said, ‘Her silence implies her consent.’ [Agreed upon] This legal opinion means that we have to consult young girls about their marriage. It was also narrated that the Prophet [pbuh] said, ‘A divorced woman has the choice of marriage more than her guardian; and a virgin’s consent must be asked from her, and her silence implies her consent.’

 

In another narration, ‘A virgin’s father must seek her consent, and her consent is her silence.’ The Messenger [pbuh] said, ‘A virgin should not be given in marriage without her permission.’ The people asked, ‘How can we know if she gives her permission?’ He said, ‘Her silence [indicates her permission].’ [Agreed upon] So, the Prophet [pbuh] forbade marriage without the woman’s permission, and gives the choice to a woman who was forced to marry without her consent. How can we go against the Prophet’s [pbuh] teachings? ^[14]

 

Islam emphasizes the issue of the mutual consent of both spouses in marriage because they are the cornerstone of a new family. This family begins with a man and a woman enjoying mutual understanding.  Consequently, the promotion of values and the progress of civilization depend on this. The famous poet, Ahmad Shawqi, wrote in regards to the importance of the role of the mother in setting up a Muslim society:

The mother is like a school, through her preparation,           

She prepares a good and noble generation.

 

2.5. The Right to End Marriage and Obtain a Divorce

As Islam gives woman the right to choose her husband it also gives her the right to stay with him or to end the marriage if reconciliation between the two becomes impossible. In this sense, divorce has been legislated in the interest of both women and men without distinction.

 

Among the popular misconceptions about Islam and its family system, is that the man is the only one who has the right to end the marital relationship, while the woman has no such right. This is completely wrong.

 

The Shari’ah gives women the right to end the marriage through a number of ways. First, the woman has the right to stipulate in the marriage contract to be independent in the sense that she has the right to dissolve the marriage according to her judgment. In this case, she is entitled to all her rights as if the husband divorced her. She also has the right to obtain a judicial dissolution on the grounds of physical or emotional harm. Moreover, she is also entitled to all of her rights. She also has the right to make Khul‘  [a divorce in which the wife pays an amount of compensation to the husband] but in this case she has to give up all her rights, because there is no apparent reason for ending the marriage and it is unfair to charge the man with the dues.

 

Many texts refer to the right of the woman to choose separation. For example, Ibn ‘Abbas [raa] narrated, ‘Barira’s husband was a servant called Mughith. It is as if I am seeing him now, going behind Barira and weeping with his tears flowing down his beard. The Prophet [pbuh] said to ‘Abbas, ‘O ‘Abbas! Are you not astonished at the love of Mughith for Barira and the hatred of Barira for Mughith?’ The Prophet [pbuh] then said to Barirah, ‘Why do you not return to him?’ She said, ‘O God’s Messenger! Do you order me to do so?’ He said, ‘No, I only intercede for him.’ She said, ‘I am not in need of him.’ [Al-Bukhari] She chose to leave him when she knew that this was not an order, but advice.

Thabit ibn Qays’s wife came to the Prophet [pbuh] complaining about her marital situation. She stated clearly that she had nothing bad to say against her husband, neither in his manners nor in his religious attitude, she was simply not happy being married to him. Thabit Ibn Qays had given her a garden as a dowry, and the Prophet [pbuh] asked her whether she was willing to return it to him. She said she would return it and so the Prophet [pbuh] told the man to take the garden back and to divorce her once.’ [Al-Bukhari]

 

This clarifies that women in Islam have the full right to choose their husbands and no one has the right to force her to get married. It also clarifies that she has the right to end her marriage and get divorced as mentioned in the Hadith.

 

2.6. Woman as an Imam

Prayer is worship enjoined by God [swt] in the way and manner in which it is offered.  There is to be no interference from independent reasoning. God [swt] has stated conditions for its validity, and stipulated that a valid congregational prayer must be led by a male. This is not a right given to men nor does it degrade a woman’s status, but it is simply an act of worship.

 

Muslim scholars agreed that Islam honours women. They saw that preventing women from leading men in prayer was an honour, not humiliation. Among the commandments of Islam is that women should stand behind the rows of men, because when a Muslim prays, he/she will prostrate and standing behind men helps them to lower their gaze. Being at the back sometimes is an honour as the Arabs said, ‘To be the last is to honour you.’  To be the last is not humiliation at all times, and to be the first is not an honour at all times. It is a good manner and a matter of modesty and obedience to the commandments of Islam for both males and females.

 

The issue of a woman being the Imam for men in prayer has two aspects: the practical aspect, and the theoretical aspect i.e. views of the jurists.

 

1. The Practical Aspect: we have seen that all Muslims throughout the ages have unanimously agreed that women cannot call the Adhan [Call to Prayer] or lead men [as their Imam] in prayer whether congregational or on Friday. Throughout Islamic history it has never been heard that a woman led men during Prayer or delivered the Friday sermon, even during the era when a woman such as Shajrat Ad-Durr, was the ruler over Egypt. It is established that leadership in prayer and delivering the Friday prayer in Islam is to be done by men.’

 

2. Theoretical Aspect: The texts of legislation and of Jurisprudence [Fiqh] defined an Imam as the one who leads someone else in a congregational prayer with conditions stipulated by the Shari’ah. Two Hadith have been mentioned concerning this issue. The first one is narrated by Waraqah, the daughter of ‘Abdullah Ibn Al-Harith, ‘The Messenger of God [pbuh] appointed a [Mu’dhin] [a caller to prayer] for her, and gave her permission to lead her household in prayer. [Ahmad and Abu Dawud] The second Hadith is narrated by Jabir Ibn ‘Abdullah, who said, ‘The Messenger of God [pbuh] delivered a speech [khutbah] and said, ‘A woman may not lead a man in prayer, nor may a Bedouin lead an emigrant, nor may a licentious person lead a believer, except in the event that he forces him by the power of the sword or the whip.’ [Ibn Majah and al-Bayhaqi]

 

Some eminent scholars of Hadith have said that the chain of transmitters of the first Hadith is extremely weak.  Among them is Ibn Hajar Al-‘Asqlani, who said, ‘Among its narrators is ‘Abdur-Rahman Ibn Khallad, and he is characterized by foolishness.’^[15] In the second Hadith, many eminent scholars of Hadith say that the chain of transmitters is also extremely weak. Al-Hafiz said that among its narrators is ‘Abdulah Ibn Muhammad Al-‘Adawi, and said that ‘Waki’ accused him of fabricating the Hadith, and that his Sheikh, ‘Ali Ibn Zayd Ibn Jad’an, is unauthenticated.^[16]

 

As for the juristic legacy on this issue, the scholars [including the four schools of thought and the seven scholars of Madinah] unanimously agreed that a woman cannot be an Imam for men in the five obligatory prayers, and if she does so, the prayer is void. Only a few scholars deviated from this consensus, including Abu Thawr, Al -Muzni, Ibn Jarir, and the Zahiri scholar, Ibn Al-‘Arabi, who held the view that a woman can be the Imam for men in the obligatory prayer.^[17]

 

The majority of scholars also agree that she cannot be an Imam for men in the Nawafil [optional prayers] or the Tarawih [prayers in Ramadan].  However, some of the Hanbali scholars held the view that a woman can be the Imam in these prayers [i.e. Nawafil and Tarawih prayer]. Ibn Muflih, the Hanbali scholar, said, ‘It is permissible for a woman to be an Imam in Nafl [optional prayer].’ In another narration, he said that a woman can lead in Tarawih prayer.  It is narrated that a woman can lead if she is good in reciting the Qur’an while the men are not.’ It is said that a woman can lead if she is old but if she stands in the back for this, it is better for her modesty. Others claim that she can be Imam if she is a mahram [relatives who cannot marry each other] to the men whom she leads.’  It is also narrated from him [Ibn Muflih] that she can follow them in positions other than reciting, if one of the followers intends to be Imam. According to the majority, the prayer is valid generally by analogy based on what happened to Umm Waraqah.’ ^[18]

 

I agree with the consensus of the Ummah throughout Islamic history, due to the strong evidence and insight that exist. I have only quoted the divergent views of a few scholars as a matter of intellectual honesty and not because they are applicable. The Muslim Ummah has never agreed upon misguidance, and the consensus of the Ummah is proof in the Shari’ah.

 

The wisdom behind preventing woman to be an Imam [i.e. to lead men in prayer] is to preserve the Islamic teachings that call Muslims to protect a woman’s honour and chastity; help in lowering the gaze of the believers [male and female] when they worship; and guaranteeing that a woman’s body is covered, except for her face and hands which might be uncovered while bowing or while in prostration. Therefore, God [swt] orders women to stand behind the rows of men.

 

Nowadays, some people mix the issue of leading men in the congregational prayer with delivering the Friday sermon. The latter is not permitted by any scholar. Those who mix these two issues follow a school of dissenters who have different attitudes, movements, and orientations. Some deny the Sunnah and the consensus of the scholars, some play on the words of the Arabic language, and some call for the permissibility of sexual deviation, adultery, drinking alcohol, abortion, and changes in the law of Islamic inheritance. These movements and attitudes appear from time to time; however, Muslims follow the way that God [swt] guides them and carry the message of happiness in this world and the hereafter. The Qur’an declares, ‘As for the foam, it vanishes, [being] cast off; but as for that which benefits the people, it remains on the earth. Thus does Allah present examples..’ [Ar-Ra‘d, 13: 17] I hope that these brief words have clarified the viewpoint of Islamic law on this issue.

 

2.7. Female Circumcision

First, we have to recognize that female circumcision was not originally a religious issue, but rather, it was a medical issue that depended on the advice of doctors. It is related that the inherited customs and traditions which spread among the countries sharing the Nile River Basin, like the ancient Egyptians and other Nile countries, included circumcising females. This tradition also spread among the Arabs in Madinah; however, it did not spread to Makkah. For this reason, when the Messenger of God [pbuh] went to Madinah and found that it was being practiced he [pbuh] recommended that those people who circumcised women should not cut them severely, as in the Hadith of Umm ‘Attiyah, ‘A woman who practiced circumcision in Madinah was told by the Prophet [pbuh], ‘‘Do not cut severely, as that is better for a woman and more desirable for her husband.’ [Abu Dawud]

 

According to doctors, circumcision nowadays has four purposes: first, there is plastic surgery which is recommended by doctors when necessary. This is similar to the Islamic concept of circumcision. Although the other three reasons are defined by doctors as circumcision, they are actually considered an act of aggression towards women in Islamic law, and it is aggression against one of the most sensitive parts of the body. According to the Shari’ah, this type of aggression is punishable and demands full blood money [financial compensation] if the organ is damaged.

 

However, there is no narration that mentions that the Messenger [pbuh] circumcised any of his daughters, even though this was a common practice in Madinah at that time. Moreover, there is no authentic legal text commanding Muslims to circumcise their daughters, even in the first type of circumcision which is recommended by doctors in some cases. This tradition continues to be narrated in order to prevent women from being seriously injured. If the woman suffers serious injuries in the other three types of circumcision, which may even lead to death according to the statements of some doctors, then it is absolutely prohibited. The occurrence of such damage could be due to the change of time, food, and air, or due to other reasons. Muslims have dealt this new reality with a civilized understanding of circumcision, which agrees with the legal and ethical guidelines of their system.

 

By examining the legislative and legal development that took place in Egypt in particular, we find that the first law issued in regards to female circumcision was the ministerial decree no. 74 of 1959. The first article of this decree includes the list of names of fifteen members representing a committee of Islamic scholars and doctors. Among them was the deputy of the health minister, Mustafa Abdul-Khaliq, the Mufti of Egypt, Sheikh Hasan Ma’mun, and the former Mufti of Egypt, Hasanein Muhammad Makhluf. The second article indicates what the committee approved:

• A medical doctor is the only one who is permitted to carry out the operation involved in performing a circumcision; and it shall be carried out partially, not wholly for those who wish.
• It is prohibited to be done in the facilities of the Health Ministry, for health, social and psychological reasons.
• Authorized midwives are not allowed to carry out surgical operations, including female circumcision.
• The circumcisions that are typically performed these days [in Egypt] cause psychological and physical damage to women, both before and after marriage.

 

After the cases of circumcision increased and caused severe damage to the health of women, on 8/7/1996 the Egyptian Health Minister of that time, issued a ministerial resolution [no. 261 of 1996]. According to the resolution, female circumcision is not allowed, regardless of whether it takes place in hospitals or public or private clinics. It is only allowed in the case of medical emergencies, such as certain types of diseases, which need to be confirmed by the head of the department of obstetrics in the hospital.’

 

Some narrow-minded Muslims thought that this resolution contradicted the Shari’ah and hence, contradicted the Egyptian constitution. They also challenged the resolution in the administrative court, but the court stated that the Shari’ah does not contain a text that explicitly obligates or prohibits female circumcision, which means that all the rulings in these respects are hypothetical and therefore constitutional. Moreover, there is no medical consensus in this area of concern. Some think that female circumcision achieves a medical interest while others think that it causes severe physical and psychological damage to women. Besides, a woman’s guardian has to manage these matters when no explicit text is present in the Qur’an or in the Sunnah. Furthermore, there is no consensus about this and these controversial issues have no unified juristic decision. In general, all these matters involve issues where independent reasoning is permissible and the decision of the jurist is not absolute. It must aim to achieve whatever is in the best public interest or to remove harm from people in accordance with the legal texts of Islam and the conclusive decisions of the scholars.’

 

In 1997, the administrative court did not consider the minister’s decision unconstitutional. The court stated, ‘As long as the circumcision procedure is a surgical operation which the Shari‘ah does not require, it must only be carried out for the purpose of bringing about a medical cure.’ These types of surgical operations should not be carried out unnecessarily. Performing surgery on the body unnecessarily is against the aims of the Shari’ah whose purpose is protecting the body against any form of harm.’

 

The above pertains to Egypt, but most other Islamic countries do not practice female circumcision, like Saudi Arabia.

 

2.8. Political Rights of Woman

‘Qadiyat al-Mar’ah’ [woman’s issues] is a modern concept. Throughout Islamic history, there has never been a subject known as, ‘Qadiyat al-Mar’ah’, which relates to women’s employment issues, political participation or anything of the sort. This term appeared when the West endeavoured to impose its culture and traditions on the whole of mankind, including Muslims. They call for women’s freedom whereas women who live in a society that upholds both the letter and spirit of Islamic law, and where men are aware of this and live according to it, are in fact liberated.

 

Scholars of Qur’anic exegesis [tafsir], jurisprudence [fiqh], and the Prophetic traditions [Hadith] are unanimous in their agreement that the commandments of God [swt] are directed to both men and women equally. They also agree that legislative texts wherein the teachings are directed to men are also binding upon women, unless it is stated that the commandment is directed to men only or vice versa.

 

Umm Salamah is considered to provide a clear example of this understanding. It was narrated that ‘Abdullah Ibn Rafi’ said that ‘Umm Salamah heard the Messenger of God [pbuh] saying on the Minbar, ‘O people!’ This was while her hair was being combed by her bondmaid, so she said to her, ‘Let me hear what the Prophet [pbuh] is saying.’ Her bondmaid responded, ‘He calls men, not women.’ Umm Salamah replied, ‘I am one of the people.’ [Muslim]

 

Political rights according to Egyptian law, which is one example of a Muslim country, are considered legal rights that are granted to a person on the basis of citizenship. These rights depend on the person’s nationality in the sense that these rights are only granted to Egyptian nationals and not to foreigners. For example, the text of one law concerning political rights in Egypt states, ‘Every Egyptian [male and female] aged eighteen lunar years has the right to practice by himself [or herself] these political rights.’ Article 5 of the consultative council law no. 38, 1972 was amended by law no. 109, 1976, Article 6 of the consultative council law no. 120 of 1980, and Article 75 of the local government law no. 43 of 1979. Another laws states, ‘Whoever shall be nominated or put up as a candidate in these councils must be of Egyptian nationality.’ Moreover, the current constitution stipulates, ‘It is imposed as a condition on whoever shall be elected as the president of the Republic that his/her parents’ nationality should be Egyptian.’

 

These aspects of political rights in the Muslim community are summarized as follows:

1. Electing and accepting the ruler. This is known in Jurisprudence [Fiqh] as Bay’ah [pledge].
2. Participation in public issues pertaining to the nation. This is known in the Shari’ah as ‘Shura’ or consultation.
3. Holding political offices and positions in the government or institutions of the State.
4. Advising the ruler, enjoining good on the ruler, and forbidding the ruler from evil.

 

Islam did not differentiate between men and women in all the rights mentioned above. This can be explained in detail as follows:

 

First: Electing the Ruler

Electing the ruler and accepting him is known in Jurisprudence [Fiqh] as Bay‘ah [pledge]. God [swt] generally mentioned Bay‘ah in more than one place without specifying men or women. The Qur’an declares, ‘Indeed, those who pledge allegiance to you, [O Muhammad] – they are actually pledging allegiance to God. [Al-Fath, 48: 10]

God [swt] has also referred to women in Bay’ah where He [swt] says, ‘O Prophet, when the believing women come to you pledging to you that they will not associate anything with Allah, nor will they steal, nor will they commit unlawful sexual intercourse, nor will they kill their children, nor will they bring forth a slander they have invented between their arms and legs, nor will they disobey you in what is right – then accept their pledge and ask forgiveness for them of Allah. Indeed, Allah is Forgiving and Merciful.’ [Al-Mumtahinah, 60: 12] Thus, the Qur’an proves that women, like men, have the right to give Bay’ah to the Muslim ruler and have a voice that is equal to that of men.

 

Second: ‘Shura’ or Consultation

Participation in public issues pertaining to the whole nation is known in the Shari’ah as Shura or consultation. Islam calls for the principle of Shura [consultation] between the ruler and subjects and did not differentiate between men and women in these respects. The Qur’an declares the merits of Muslims in many places. ‘And those who have responded to their Lord and established prayer and whose affair is [determined by] consultation among themselves, and from what We have provided them, they spend;’ [Ash-Shura,  42: 38]

 

God [swt] says about His Messenger [pbuh] who was representing the ruler of Muslims at that time, ‘So pardon them and ask forgiveness for them and consult them in the matter. And when you have decided, then rely upon Allah. Indeed, Allah loves those who rely [upon Him].’ [Al-’Imran, 3: 159] The Messenger of God [pbuh] consulted his wife Umm Salamah [raah] concerning a difficult situation during Al-Hudaybiyah treaty, after he [pbuh] concluded the peace treaty with the disbelievers. He ordered the Muslims to shave their heads and offer Hadi [sacrifice] because they would not go to Makkah that year. But when no one obeyed him, she said, ‘I swear by God that no one obeyed him  until he repeated it thrice, and when no one obeyed him he went to Umm Salamah [raah] and told her about what the people had done so she [raah] said, ‘O Messenger of God [pbuh] do you like that? Go out and do not speak to any one of them till you sacrifice your Hadi and have your head shaved.’ The Prophet [pbuh] went out and did not speak to anyone until he had done so. He sacrificed his Hadi and had his head shaved, and when they saw this they sacrificed their Hadi and shaved each other’s heads.’ [Al-Bukhari and Ahmad]

 

These days, Islamic scholars do not object to women being nominated to positions in parliament, where they represent a huge number of people and participate in enacting and regulating laws. Moreover, Dar Al-Iftah in Egypt passed fatwa [legal opinion] no. 852 of 1997 concerning the permissibility of a woman to be a member of parliament or the People’s Assembly, which is summarized by the following: Islamic law does not prohibit women from being members of parliament or the People’s Assembly if people agree for them to be their representatives in these councils if the specifications of these councils comply with their God-given nature, and women must adhere to the limits set by God which are ordered in the Islamic law.

 

Third: Holding High Offices in Government

Traditions were mentioned concerning holding woman as the executive authority or police, which is named in Islamic Jurisprudence [Fiqh] ‘Al-Hisbah’. During the first century some Islamic scholars, on the basis of these traditions, allowed women to assume this sensitive leadership role in an Islamic country. It was stated in the juristic encyclopaedia that others allowed women to hold such positions because it was proven that Samra’ Bint Nuhayk Al-Asadeya was passing through markets enjoining good and forbidding evil and she had a whip with her.’ ^[19]

Abu Balg Yahya Ibn Abu Salim said, ‘I saw Samra’ Bint Nahik, who was a contemporary of the Messenger [pbuh], wearing thick armour and a heavy veil, holding a whip, enjoining good and forbidding evil.’ [At-Tabarani]

 

Moreover, a woman is allowed to assume judicial positions according to the opinion of some reliable scholars. According to Abu Hanifah and his companions, women are allowed to assume judicial positions regarding issues where their testimonies are accepted alone or along with that of men, for bearing witness contains the meaning of legal authority [wilayah]. Ibn Hajar said, ‘The majority opine that it is not permissible for a woman to assume a judicial position or to reign over the country, while for At-Tabari it is permissible.’ This was narrated by Malik. Abu Hanifah said, ‘She assumes judicial authority regarding issues where the testimony of women is accepted.’ ^[20]

From the abovementioned, it becomes clear that a woman is allowed to hold high positions in government. Nowadays, in most Muslim and Arab countries, women participate with men in all governmental positions, political and practical life. Women assume the position of ambassador, minister, professor, and judge for long periods of time and rival men in terms of their salary and rank for all of these responsibilities.

 

Four: Advising the Ruler of What is Good and Forbidding Him from Evil

Women gave advice to the rulers in the first century. During the caliphate of ‘Umar, Qatadah narrated, ‘When ‘Umar came out from the mosque accompanied by Al-Jaroudi Al-‘Abdi, a woman passed by him so he greeted her, then she greeted him in return and said, ‘O ‘Umar! Beware, I was contemporary to you when you were small and known as ‘Umayra in the market of ‘Ukaz pasturing the sheep with your stick, then you were named ‘Umar, and afterwards you were named the Commander of the Believers [Caliph], so fear God concerning your subjects and know that he who fears the punishment of God [swt] will not commit evil.’^[21]

 

Abu Nawfal said, ‘…After the assassination of ‘Abdullah Ibn Az-Zubayr, Al-Hajjaj came to ‘Asma’, daughter of Abu Bakr, and said, ‘What do you think about what I did with the enemy of God?’ She said, ‘You took from him this world, while he took you from your hereafter. The Messenger of God [pbuh] told us that among the people of Thaqif there is a liar and a butcher. We know who the liar was, but as for the butcher, I think it is you.’ So, he left without responding to her.’ [Muslim]

 

These are just a few examples but Islamic history is full of others. Nowadays, a woman is allowed to practice this right like the man through the lawful channels like the press, and membership in parliament or other channels of power and authority.

 

2.9. Spousal Abuse

Hitting women in Islam is mentioned in the Qur’an in one verse: ‘…But those [wives] from whom you fear arrogance – [first] advise them; [then if they persist], forsake them in bed; and [finally], strike them. But if they obey you [once more], seek no means against them …’ [An-Nisa’, 4: 34] Arrogance or ill-conduct in this verse means social or ethical defiance which equates to her refusing to perform her duties towards her husband. Although such duties are considered to be a husband’s rights over her, his duties towards her are the wife’s rights.

 

Dealing with such defiance, God [swt] has advised men to discipline their wives by advising them politely, and by reminding them with what God [swt] has ordered them to do for their husbands as a wife. If this does not work, God [swt] has given the husband the right to refuse to share the same bed with her in order to force her to do her duties. In addition, if this also does not work, God [swt] has given the husband the right to show his disapproval to such ill-conduct by hitting her gently without leaving any marks or bruises whatsoever, just as a gesture to express his anger and disapproval. However, he should try every other possible way to express his disapproval and to discipline his wife. This has never been an obligation in Islam. All scholars have agreed that hitting one’s wife, though permissible, should be avoided as much as possible. Likewise, a man should be disciplined and hit if he does something to hurt his wife.^[22]

 

When, at the time of the Prophet [pbuh], many men were hitting their wives, the wives went to the Prophet [pbuh] complaining, so he [pbuh] scolded those men, his companions; and was angry with them. He [pbuh] said, ‘Lots of women have been coming to my family complaining about their husbands hitting them; such husbands are not doing themselves good.’ [Abu Dawud and Ad-Darimi]

 

Hence, the Sunnah of the Prophet [pbuh], which Muslims should follow, discourages beating women. The Prophet [pbuh] never beat his wives, even though hitting one’s wife using a tooth stick [miswak] as a sign of disapproval for her stubbornness regarding her ill-conduct, is permitted. In some cultures, women see this kind of hitting as a sign of masculinity and manhood. In other cultures, such as in the West, they are not familiar with this way. The Qur’an has been sent down to all people and for all times and places. So, the Qur’an considers the differences among all kinds of environments and cultures. If these differences were not considered, they would have led to the instability, failure and destruction of families.

 

This is not just a theory but it is proven in reality. If the religious texts of Muslims encouraged them to beat their wives and to be unjust to them, this would be apparent in their everyday lives. And, if they encouraged them to show mercy and love, that would be apparent as well. God [swt] says: ‘Vegetation from good land comes forth [easily] with the permission of its Lord; and that which is bad, brings forth nothing but [a little] with difficulty…’ [Al-A‘raf  7: 58] Also, Jesus [pbuh] said, ‘From their fruits one knows them, can one get grapes out of thorns or can one get figs out of boxthorns.

 

If there are any cases these days of domestic violence among Muslims it is because the people involved have failed to properly understand the Islamic teachings. The majority of Muslims are not violent; they do not beat or torture. On the contrary, many Muslim men respect and cherish women.

 

Sadly, in many places around the world, including the West, statistics show that hitting women is common:

 

• 79 % of Americans hit their wives causing physical injury.
• 17 % of these women need to be placed in the intensive care unit. [This survey was conducted by Professor John Beré, assistant professor in psychology at University of Carolina].
• The American FPT has reported that every 18 seconds a wife is beaten by her husband.
• An American newspaper wrote that the ratio of abused wives to those who are not is 1:10 respectively. In response to this, the Family Relation newspaper corrected the ratio to be 1:2.^[23]
• In France, two million women are beaten every year. Michelle Andréa, secretary of French Human Rights, said: ‘In France, even animals are sometimes treated better than women. If a man beat a dog, someone would report him, but if a man beat his wife in the street, nobody would lift a finger’.
• 92 % of cases related to spousal abuse took place in the city. 60% of night time complaints to the emergency room in Paris, are from wives saying that their husbands were hurting them.
• In Britain, 77% of husbands beat their wives.
• In Britain, more then 50 % of the female victims of homicide were wives killed by their husbands or boyfriends.
• Domestic violence has risen by 46 % in one year in 1992.
• 25 % of women are being beaten by their husbands.
• British Police receive 100,000 phone calls each year from wives or girlfriends reporting assault. In the same report, a lady said that she was being beaten by her husband for 3.5 years, since they got married. She added, if she commented or said anything about being beaten, he would beat her again, which was why she had to be silent about it for that time. In addition, she said, he used to smack, kick, slam her against the wall, and even hit her head against the wall at will. He used to hit her in the sensitive parts of her body, push cigarettes into her skin, chain her and lock her for many hours.

 

 

The idea of beating a woman is a disaster that should be confronted by all people. Muslim scholars are against beating women. The Prophet [pbuh] has clarified that the relationship between a man and a woman should be based on love, intimacy and mercy. Hitting a woman contradicts the example of the Prophet [pbuh] who said, ‘How could a man hit his wife like a slave all day, and then be intimate with her at night?’ [Al-Bukhari and Al-Bayhaqi] This Hadith is proof against those who say that Islam gives the man the right to beat his wife.

 

2.9. Hijab^[24]

Over the years, the dress code among Muslim women has been given great attention, especially in relation to the practice of Hijab [head covering], which is often seen as a symbol of oppression. While Islam is certainly not the only religion to introduce the practice of covering the head, it continues to be the centre of attack and is heavily discussed as an issue of women’s rights, especially outside the Muslim world.

The Qur’anic context wherein the verse of veiling is mentioned shows that the aim is to spread chastity and virtue. It starts by talking about the distinction between the purity or impurity of men and women. It also mentions the behaviour of entering the houses of others, whether or not they are inhabited, about lowering the gaze, chastity and abstaining from any forbidden relation for all believing men and women. Finally, it speaks about the obligation of veiling so that the adornments and beauty of woman do not appear except to her unmarriageable male relatives that are specified in the verse in detail.

Hijab is the proper Islamic dress, which is primarily intended to safeguard modesty, dignity and the honour of men and women. God [swt], the Creator of humans, knows our nature better than ourselves, and He has prescribed appropriate rules of behaviour and appearance to be observed when men and women interact with one another in a social setting. These rules of interaction also include a prescription for modest dressing, which applies to males as well as females.

Prescribing the rule of Hijab, God [swt] says, ‘Tell the believing men to reduce [some] of their vision and guard their private parts.,’ [An-Nur, 24: 30] And, says, ‘And tell the believing women to reduce [some] of their vision and guard their private parts and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their head covers over their chests and not expose their adornment except to their husbands, their fathers, their husbands’ fathers, their sons, their husbands’ sons, their brothers, their brothers’ sons, their sisters’ sons, their women, that which their right hands possess, or those male attendants having no physical desire, or children who are not yet aware of the private aspects of women. And let them not stamp their feet to make known what they conceal of their adornment. And turn to Allah in repentance, all of you, O believers, that you might succeed..’ [An-Nur, 24: 31]

Commenting on the phrase, ‘what is apparent’, Ibn ‘Abbas [raa] said, ‘It means the face and the hands.’ In other words, according to Ibn ‘Abbas [raa], a woman must cover her entire body except for her face and hands while in the presence of men who are not related to her directly. The list of those in whose presence she need not cover is clearly outlined in Surat An-Nur, 24: 31.

You can also read the other verse about the same point, ‘O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks close round them [when they go abroad]. That will be better, that so they may be recognized and not harrassed…’ [33:59] This verse clearly shows that God [swt] has obliged women to wear Hijab.

 

By wearing Hijab, women protect themselves from any lustful gaze or act that may expose them to temptation or any kind of harassment. On the other hand, it protects men from indulging in vice and unlawful acts. Hijab does not only refer to the head covering, but to the whole dress of a woman. This means that there are certain requirements for a woman’s dress in Islam:

• It must cover the whole body.
• It must not be tight or transparent.
• It must not delineate the parts of the body.
• It must not be clothing that is usually worn by men.

There are similar, yet less obvious requirements for a Muslim man’s attire.

• A Muslim man must always be covered from the navel to the knees.
• Similarly, a Muslim man should not wear tight, sheer, revealing, or eye-catching clothing. In addition, a Muslim man is prohibited from wearing silk clothing [except for medical reasons] or gold jewellery. A Muslim woman may wear both silk and gold.

Hence, a Muslim woman is permitted to wear whatever she likes as long as her dress has all the legal requirements of a woman’s Islamic dress code, and it covers the ‘awrah [sensitive parts of the body that a woman must cover in front of her marriageable family members [non-mahrams]. This is agreed upon by all scholars and jurists.

Moreover, the evidence in the sources; the Qur’an and the Sunnah, overwhelmingly shows that the Hijab, as prescribed by Islam, was not meant to segregate women or shut them out from social involvement and participating in the affairs of the Muslim community. This is because the participation of Muslim women at all levels of Islamic life is fully documented beyond a shadow of doubt in the sources of Shari‘ah. Active participation as described in the sources is only conceivable if we assume that women were not wholly covered from head to toe.^[25]

In light of the above, we conclude that a Muslim woman is required to cover her entire body except her face and hands, according to the majority of scholars belonging to all schools of thought. Covering the head is not a disputed issue among them: they all agree that this is a necessary part of Hijab.’

2.10. Niqab [Face Cover]^[26]

The majority of scholars agree that Niqab is not compulsory for a Muslim woman. They also agree that she is allowed to uncover her face and hands. They give proof from the Qur’an which says, ‘And tell the believing women to reduce [some] of their vision and guard their private parts and not expose their adornment except that which [necessarily] appears thereof ….’ [An-Nur, 24: 31] The majority of scholars and companions, such as Ibn ‘Abbas [raa] and A’ishah [raah] interpret the phrase, ‘except that which [necessarily] appears thereof, to mean the face and the hands.’ In other words, a woman must cover her entire body except for her hands and face. They also refer to the same verse in the phrase, ‘…and to wrap [a portion of] their head covers over their chests …’ [An-Nur, 24: 31] that the word [khimar] means head cover, not face cover while the word jiyub [plural of jayb] refers to covering the bosom and the neck. So, God [swt] commands that woman should cover her bosom with her khimar [veil]. If Niqab was compulsory, He [swt] would have commanded it.

 

On one occasion Asma’ [daughter of Abu Bakr] was visiting her sister ‘A’ishah [raah], wife of the Prophet [pbuh] and the Prophet [pbuh] noted that Asma’s dress was not thick enough so he turned his face away in anger, and said, ‘If the woman reaches the age of puberty, no part of her body should be seen, but this,’ and he pointed to his face and hands. [Abu Dawud]

 

However, there is a group of scholars, most of whom belong to the Hanbali school, who view that a woman must also cover her face and hands. They believe that the entire woman is ‘awrah’, and as such, a woman needs to be completely covered. They also rationalize their position by saying that the most attractive parts of a woman’s body which are capable of enticing men are her face and hands.

 

In support of their view they also refer to a tradition of the Prophet [pbuh] which states that A’ishah [raah] narrated, ‘A caravan used to pass us while we were with the Messenger [pbuh] in the state of Ihram. When they come near us, we used to cover our face with our jilbab and uncovered it after they passed.’ [Abu Dawud and Ibn Majah] There is no obligation in this tradition for covering the face; her action does not mean Niqab is compulsory.

 

In another tradition, the Prophet [pbuh] forbade woman to cover her face or wear gloves during Hajj.’ [Al-Bukhari] This tradition indicates that uncovering the face and hands is not ‘awrah. If they were ‘awrah, then why do we uncover them during prayer and Hajj? If covering the face and hands is obligatory, there is no sense in ordering both sexes to lower their gaze.

 

To sum up, covering the face and hands is not compulsory but it falls under the category of permissibility [ibaha]; namely, it is allowed for her to wear Niqab if she so chooses. If she wears Hijab [head cover] only, her obligation is fulfilled.

 

 

 

 

 

 

Women in Islamic History

 

There is no doubt that history is the mirror of cultures and civilizations throughout the world. Without people’s real actions and application, the reality of people’s thoughts and beliefs would not be recognized. The place of these thoughts and beliefs are the minds and the hearts. The elements of the environment for applying these actions and following these beliefs are people, place, time and circumstances.

 

I can also say that this application is the real interpretation of the theory from whose words many meanings could be understood. Based on this meaning, jurists in some cases have given priority to the Prophet’s [pbuh] actions over his sayings. Rather, they sometimes regard the actions of his companion’s as clear proof of the ruling.

 

I have discussed the status of women in the Qur’an and the Sunnah, and I have dealt with many misconceptions about woman from the perspective of the juristic legacy, which have arisen intentionally or unintentionally by the West who sees them as weak views in Islam.

 

Now, let us review the condition of woman throughout Islamic history that proves the dignity and protection of woman and her equality with men as they are the two pillars of humanity. In fact, history presents many women who have had an impact on the Muslim Ummah and have made great contributions in all fields of life.

 

The glorious role of woman started in the very early stage of Islam. She was the first to believe in Prophet Muhammad [pbuh], the first martyr, and the first person after Prophet Lut [pbuh] to immigrate for the sake of God [swt]. ‘Aishah [raah] was the most beloved person to the Prophet [pbuh]. Khadijah [raah], his first wife, was the first person to believe in him. She was his supporter and protector; and the mother of his children. He called the year in which she died the Year of Grief.

 

Sumayyah, daughter of  Al-Khayyat [raah], wife of Yaser, and mother of Ammar [raa] was the first martyr in Islam. She was stronger than her son in faith when she refused, under torture, to insult the Prophet [pbuh] or to utter words of disbelief. Rather, she held on to her faith in the Prophet [pbuh] till she was killed. Ruqayyah [raah], daughter of the Prophet [pbuh], was the first to immigrate for the sake of God [swt], with her husband ‘Uthman Ibn ‘Affan [raa]. [At-Tabarani]

 

Fatimah and ‘Aishah [raah] were the most loved ones to the Prophet [pbuh]. It is narrated that the Prophet [pbuh] said when he was asked, ‘Who do your love the most, O Messenger of Allah?’ He [pbuh] replied, ‘Fatimah’. In another narration from Anas [raa], he said when he was asked, ‘Who do you love the most, O Messenger of Allah?’ He replied: ‘A’ishah.’ The man said, ‘And from men.’ The Prophet [pbuh] said, ‘Her father, Abu Bakr.’

 

The status of woman in Islam is not only restricted to their being the first believer, martyr or immigrant or the most beloved of the Prophet [pbuh]; rather, she has been elevated throughout the ages, and became a ruler, a judge, a teacher, a soldier, a mufti, a scholar, a leader of Hisbah [executive authority], and other positions which are all recorded in Islamic history. Based on that, I have divided this part into the following chapters:

 

• Women as Rulers
• Women as Judges
• Women as Soldiers
• Women as Scholars or Muftis
• Women as Leaders of Hisbah [executive authority]
• Women among Non-Muslims
• Conclusion

 

 

 

 

 

 

1. Women as Rulers

 

This does not refer to women who had influence, power, or authority through their husbands, sons or masters, because this form of leadership was common, especially during the Abbasid era. For example, there was Al-Khuzayran^[27] daughter of ‘Ata’ and the wife of Al-Mahdi, and the mother of his two sons, Al-Hady and Harun, who died in 173 AH. Moreover, Qubayhah, the mother of Al-Mu’ttaz Billah [d 264 AH]^[28] and Fatimah Al-Qahramanah^[29] [299 AH], Umm Musa Al-Hashimiyah Qahramanah dar Al-Muqutadir Billah^[30] [321 AH], and Umm al-Muqtadir Billah Shaghb,^[31] were not independent rulers. There have been independent women who were rulers over many Muslim countries throughout various ages. Although they did not receive the title of caliph, they received other titles such as Sultan, Queen, Al-Hurrah and Khatun.

 

Throughout Islamic history, there have been more than fifty women who ruled Muslim countries, such as Sit Al-Mulk [Mistress of the Kingdom], one of the Fatimid rulers in Egypt in the 5^th century of Hijrah; Queen Asma’; Queen Arwa who ruled San‘a’^[32] at the end of the 5^th century of Hijrah; Zaynab An-Nafzawiyah in Al-Andalus; Sultan Radiyyah who ruled Delhi in the middle of the 7^th century of Hijrah; Shajarat Ad-Dur who ruled Egypt in the 7^th century of Hijrah; A’ishah Al-Hurrah in Al- Andalus; Sit Al-Arab; Sit Al-’Ajam; Sit Al-Wuzaraa’; Ash-Sharifah Al-Fatimiyah; Al-Ghaliyah Al-Wahhabiyah; Al-Khatun Khatla’ Turkan; Al-Khatun Badshah; Ghazalah Ash-Shabibah and many others. The following examples of women illustrate the female leaders or rulers in Islamic history.

 

1. Sit Al-Mulk

She was one of the Fatimid queens in Egypt and was born in 359 AH. She came to power when she organized an operation for the disappearance of her brother, Al-Hakim Bi-Amrillah, the sixth Fatimid Caliph in 411 AH. It was reported that she killed him. Adh-Dhahabi said, ‘She allied with Prince Ibn Dawas; she went to him secretly, and said, ‘I came to you to help and protect both of us.’ He replied, ‘I am just your Mamluk [your slave]. She said, ‘We are in great danger as my brother is jeopardizing our fathers’ system and he has been doing a lot of things that no Muslim would approve of, and I am afraid that he might get killed and then we might get killed as well. Then, this kingdom would come to an end.’ He said, ‘You are right.’ What should we do?’ ‘We should have an oath to keep this a secret.’ She replied. Then, they agreed to kill him.’^[33]

 

Sit Al-Mulk had her own motives for killing her brother as he had over-stepped the limits. He used to subjugate the weak, kill all dogs, forbade women from going out, and burnt Cairo. He forbade the inhabitants to work during the day and ordered them to work at night in order not to see them working when he went outside and paraded around. He woke up one night and announced his divinity and ordered the people of Cairo, including Sit Al-Mulk, to worship him.

 

2. Queen Arwa

Queen Arwa was the daughter of Ahmad Ibn Ja‘far As-Silihiayah. She was a strict queen from Herraz in Yemen, where she was born in 440 AH. She was raised by Asmaa’, the daughter of Shihab As-Silihiyah, whose son married her. She played a very important role in the propagation of the Fatimid ideology in Asia, especially in India through Fatimid preachers who were sent there from Yemen during her time.

 

After the death of Queen Asma’ in 1087 CE / 480 AH, her crippled son officially passed power to his wife Arwa who secured the succession of power in the hands of the As-Silihiyah family in Yemen. After this, she decided to take revenge from Sa‘id Az-Zubaydi who had killed her uncle. In order to do that, she moved the capital to Jibalah which is fortified by mountains and increased pressure on Sa‘id. After making alliances with other countries, she destroyed his army, had him killed and captured his wife. She ruled the kingdom and managed the military until Al-Makarram died in 484 AH and was succeeded by his cousin, Saba’ Ibn Ahmad. However, she remained in power and all the official assemblies were held under her supervision. She was a hidden ruler.

 

In Yemen, scholars used to appeal to her in Friday speeches. The first speech was for Al-Mustansir then to As-Silihi and finally for Al-Hurrah. In 492 AH, Saba’ died and Silihiyah’s power weakened. Queen Arwa stayed in a fortress in Jibalah, controlled all the citadels there, and selected ministers and workers. She lived for forty years and died in 532 AH. She was buried in her mosque. She left a heritage of endowments and became the last of the Salihiayah rulers.^[34]

 

3. Turkan Khatun

She was the daughter of Khajankash and wife of Sultan Tiksh Ibn Ayil Raslan. She had a lot of dignity and wisdom and started ruling in 628 AH. She was a just and fair ruler and gave rights to her people. She founded many public fountains, charities and hospitals all over the country. Her writers were seven of the most talented and prestigious of that time. When her signature and the Sultan’s signature were on the same document, with two different decisions, she used to authorize the one with the later date. Her signature was, ‘Protector of world and Religion; Turkan is the queen of all the ladies of the world.’ Her logo was, ‘I seek refuge in God [swt] alone.’ She used to write her signature and logo with a thick pen so that it would not be forged.

 

4. Radiyah, Daughter of At-Tamash

Radiyah descended from a Turkish Mamluk family. She came to power in Delhi in 1236 CE, 634 AH after her father’s death, Sultan Iltu-Tamash Khan, who was one of the military leaders who founded the Islamic nation in India. Her father had chosen her over her two brothers due to her intelligence, talents, and ability to rule the state. Her first royal decision was to stamp her name on a coin with the title, ‘Radiyat Ad-Dunya wad-Din, [i.e. Radiyat who is pleased with the world and religion].’ When powerful leaders and the army tried to remove her from power, especially when her older brother killed the younger one, they failed because she relied on people who revolted against her brother. Radiyah was a very powerful queen in India. She ruled for 4 years and was killed on 25 Rabi’ Al-Awwal in 637 AH. Her grave is located in Jemn River near Delhi.^[35]

 

5. Shajarat Ad-Dur

She was one of the most famous queens in Islamic history. She was intelligent, strict, powerful, pious, and benevolent. She was one of the bondmaids of King As-Salih Najmud-Din Ayyub. He married her after she gave birth to his son, Khalil. She accompanied him on trips to the East and settled in Egypt where she gained power in the Salihiyah era. During her husband’s illness, she used to make decisions and approve them on his behalf by copying his signature. When Turan Shah reached Al-Mansurah, he threatened her and demanded money, so she killed him on Muharram 7^th, 648 AH. After the death of Turan Shah, she was chosen as the ninth leader in the Ayyubi era. All state leaders agreed on this, including the princes in 648 AH. ‘Izz Ad-Din Aybak As-Salihiy At-Turkumany Atak was appointed as the leader of the army. She ruled the people in the best way and they were all pleased with her policy. Her signature on official documents was in her handwriting, Mother of Khalil. They used to invoke her in Friday speeches in Egypt and Greater Syria. Coins were minted with the inscription: [Coinage of Al-Musta’simiyah As-Salihiah, Queen of Muslims, Mother of the Victorious King, Khalil].

 

The moment Shajarat Ad-Dur came to power she started paying attention to the crusaders in Egypt and began negotiating with King Lewis IX who was held captive in Damietta. The agreement was to set them free after paying 800,000 Dinars as ransom: 400,000 dinars before their departure, and the rest when they reached Acre, never to return to Muslim coasts.  On the other hand, she was generous as she left many buildings and public fountains for charity. She was killed in Rabi’ Al-Awwal in 655 AH.^[36]

 

6. Sultan Khadijah

Khadijah, the daughter of ‘Umar Ibn Salah Ad-Din Al-Bengali was one of the Sultans of India. She was born and raised during her father’s rule in India where she was educated and cultured to be one the most intellectual and noble ladies of her time. After her father’s death, her brother, Shihab Ad-Din, succeeded him to the thrown but had a bad reputation. As a result, he was dismissed by the people in 740 AH and replaced by Sultan Khadijah. Her husband, Jamal Ad-Din, was appointed as head of the ministries, and she depended on him in crucial cases. Sultan Khadijah died in 770 AH.^[37]

 

 

 

 

1. Women as Judges

 

Although the majority of Muslim scholars disagree regarding a woman being a judge, Imam Abu Hanifah maintained that she can be a judge in the cases where a woman’s testimony is accepted. Other scholars agree that she can be a judge in all cases, such as Muhammad Ibn Jarir At-Tabari, Ibn Hazm Az-Zahiri, Ibn Tiraz Ash-Shafi’i, Ibn Al-Qasim, and in one a narration from Imam Malik. Nevertheless, throughout Islamic history only one female judge is mentioned. She was Thamal Al-Qahramanah.

 

Thamal Al-Qahramanah

She was one of the most powerful women in the Al-Muqutadir era in the Abbasid dynasty. She was a great supporter of his mother who took care of state affairs. Thamal used to receive and listen to complaints from the people once a week in 306 AH. At first, people did not accept the idea of complaining to a woman. Later, she brought the judge, Abu Al-Hasan Ibn Al-Ashnani, to support her. She then proved herself when all the complaints had been checked and she had resolved all the problems. Her council became famous and was attended by judges, scholars and people of high rank. She died in 317 AH.^[38]

 

Thamal was the only female judge who has been recorded in Islamic history, despite the fact that leadership is more crucial than judgment. Some of the female rulers used to judge among people such as Turkan Khatun and others who judged justly among people.^[39]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

III. Women as Fighters and Military Leaders

 

A woman’s role in Jihad is no less than that of a man. Women actually started Jihad before men. The first martyr in Islam was Sumayyah, the wife of Yasir. Asma’, daughter of Abu Bakr was the first to put herself in danger when she secretly delivered food and drink to the Prophet [pbuh] and her father in the cave. She was hurt by Abu Jahl when she refused to tell him about their hiding place.

 

Islam asks women and men to defend their country, land and people. The Prophet Muhammad [pbuh] approved of females participating in war. In fact, women had already participated in wars with the Prophet [pbuh], like Umm Salim Ibn Malhan, Umm Haram, daughter of Malhan, Umm Al-Harith Al-Ansariyah, Ar-Rubayy’, daughter of Mu‘widh, Umm Sanan al-Aslamiyyah, Umm Salit, Layla Al-Ghiffariyah, Ku‘aybah, daughter of  Sa‘id Al-Aslamiyah, Himnah, daughter of Jahsh, Rufaydah Al-Ansariyah and Umm Ziyad Al-Ashja‘yah.

 

1. Umm Salim, Daughter of Malhan Al-Ansariyah

It was narrated that her name is Al-Ghumaysa’, and in another narration, Ar-Rumaysa’, and in a third one she is called Sahlah and was the mother of Anas Ibn Malik, the Prophet’s [pbuh] servant. Her husband was Malik Ibn An-Nadar. She married Abu Talhah Zayed Ibn Sahl Al-Ansari, the father of her other sons, Abu ‘Umayr and Abdullah.

 

She participated in the Battles of Uhud and Hunayn with the Prophet [pbuh]. She had a dagger in the Battle of Hunayn, and when Abu Talhah saw her, he told the Messenger of Allah [pbuh]. She then said, O Messenger of Allah I will stab the enemy who attacks me.’ The Messenger of Allah [pbuh] then smiled.^[40]

 

2. Umm Haram Ibn Malhan

Umm Haram was the daughter of Malhan Ibn Khalid Ibn Zayd Ibn Haram, the sister of Umm Salim, the aunt of Anas Ibn Malik [raa], and the wife of ‘Ubadah Ibn As-Samit. Her narrations are included in all the books of Hadith, except the collection of Abu ‘Isa. Anas Ibn Malik [pbuh] and others narrated from her.

 

Once, the Prophet [pbuh] took a nap in her house, and he woke up laughing. When she asked him the reason why he was laughing, he said, ‘[In my dream] I saw Muslims from my Ummah on board ships. They looked like kings and queens sitting on beds.’ She said, ‘O Messenger of God, ask God for me to be with them.’ The Messenger [pbuh] responded, ‘You will be from the first to enter Heaven.’

 

After her marriage to ‘Ubadah Ibn As-Samit [pbuh], she participated in a battle with him. When they returned, she wanted to ride a mule but the mule knocked her down, and she broke her neck and died. It was narrated that she died during the time of ‘Uthman.^[41]

 

3. Ar-Rubayy’, Daughter of Mu‘wwidh

Ar-Rubayy’ was the daughter of Mu ‘wwidh Ansariyah from Bani An-Najar. The Prophet [pbuh] visited her the day after her marriage for the sake of strengthening family ties. She lived for a long time and narrated many Hadiths. Abu Salamah Ibn Abdul-Rahman, Sulayman Ibn Yasar, ‘Ubadah Ibn Al-Walid Ibn ‘Ubadah, ‘Amr Ibn Shu‘ayb, Khalid Ibn Zakwan, Abdullah Ibn Muhammad Ibn ‘Uqayl and others narrated from her. Ar-Rubayy’s father was one of those who participated in the Battle of Badr and killed Abu Jahl. She died in her seventies during the era of Abdul-Malik.^[42]

 

She made pledges to the Prophet [pbuh] and participated in Jihad. She was engaged to Iyas Ibn Al-Bakir Al-Laythi and she married him after returning from the Battle of Badr. The Prophet [pbuh] visited her after her marriage. She got her female servants dressed to drum and mourn the death of their fathers in the Battle of Badr. Ar-Rubayy’ participated at the Battle of Uhud with Umm ‘Imarah and ‘A’ishah.

 

4. Umm Sanan Al-Aslamiyyah

She was one of the Prophet’s [pbuh] companions who narrated Hadiths from the Prophet [pbuh]. Both Ibn Abbas and her daughter, Thubaytah, daughter of Hanzalah Al-Aslamiyyah narrated Hadiths from her. She was a courageous and determined warrior. She went to the Prophet [pbuh] who was heading to Khaybar and said, ‘O Messenger of Allah! I want to come and join Jihad with you to distribute water, treat the injured, encourage the warriors and look after their belongings.’ The Prophet [pbuh] said, ‘Come with us and stay with Umm Salamah  [who usually went with the Prophet [pbuh].’^[43]

 

5. Layla Al-Jiffariyah

She is one of the more prominent female companions of the Prophet [pbuh] and she participated in battles with him [pbuh].^[44] She narrated, ‘I joined the Prophet [pbuh] in battles to treat the injured and take care of the sick.’ When ‘Ali [raa] went to Basrah in battle, she joined his troops.^[45] She died in 40 AH.

 

6. Ku‘aybah, Daughter of Sa‘id Al-Ansariyyah

She was one of the most generous and important female companions of the Prophet [pbuh]. She used to join him in battle. She also participated in the Battle of Khaybar and was killed by an arrow, according to a narration by Al-Waqidi.^[46]

 

7. Rufaydah Al-Ansariyyah

Ibn Hajar said, ‘Rufaydah Al-Ansariyyah or Al-Aslamiyyah was mentioned by Ibn Ishaq in the story of Sa‘d Ibn Mu‘adh when he was injured in the Battle of the Trench. The Prophet [pbuh] told them to take him to Rufaydah’s tent in the mosque until he himself could visit them. Rufaydah used to treat the injured and mercifully take care of the Muslims who suffered.^[47] Since she converted to Islam, she participated in many battles. She supported the Muslims in times of hardship, and defended their rights.

 

As time passed, women led the Muslim army who fought in the way of God [swt]. An example of this is Turkan Khatun.

 

8. Turkan Khatun

Turkan Khatun was the daughter of Taghraj, Queen of Asbahan, wife of Sultan Milkshah. She was very intelligent, wise, religious and powerful. She descended from Afrasyab, the King of Persia. She used to help her husband in the affairs of the state. After his death, she managed to govern the kingdom, recruit consultants and ministers, lead armies, and protect trade interests.

 

Turkan had an influential role in the way Persia was ruled, and she helped to reform many bad habits and customs. She was generous and gave to many charities, so she gained the love of princes and people. Her daughter married Al-Muqtadi bi-Amrillah, the Abbasid Caliph. Turkan died 487 AH.^[48]

 

Though these are only a few examples of women’s contribution to Muslim armies in times of battle, it confirms the role of women in all aspects of life. It is also unique in comparison to the freedom and democracy that the West is proud of.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. Women as Scholars and Muftis

Throughout Islamic history, many female scholars have succeeded in various fields. Al-Hafiz Ibn Hajar mentioned about 1543 biographies of women in his book Al-Isabah fi Tamyyiz As-Sahabah. Some were scholars, others were narrators and a third was authors. In addition, women have been mentioned by An-Nawawi in his book, Tahdhib Al-Asma’ wal-Lughat, Al-Katib Al-Baghdadi in his book, Tarikh Baghdad, As-Sakhawy in his book, Ad-Daw’ Al-Lami’ li-ahl Al-Qarn At-Tasi’, ‘Umar Rida in his book Mu‘jam A‘lam An-Nisa’. All these writers and others wrote about authors and biographers and mentioned many female scholars in areas such as Hadith [traditions], Fiqh [Jurisprudence], Tafsir [exegesis of the Qur’an], literature, and poetry.

 

Muslim women have exceeded men in many areas of knowledge in Muslim civilization, especially in Hadith. Imam Adh-Dhahabi and Al-Hafiz Ibn Hajar said, ‘I never heard of a woman who was accused of being a liar [in Hadith narration], nor one whose narrations were unsound and ignored.’^[49] Ibn Hajar confirmed this, saying, ‘I never heard of a woman being accused of lying [in narration], nor one whose narrations were weak or ignored.’^[50]

 

Women were keen to seek knowledge from the time of the Prophet [pbuh]. Abu Sa‘id Al-Khudri and Abu Hurayrah [raa] narrated that women asked the Prophet [pbuh] to fix a day each week to teach them, as he did with men.[Al-Bukhari] ‘Ata’ Ibn Rabah said about ‘Aishah [raa], ‘She was the most knowledgeable and cultured and had the wisest opinions.’ [Al-Hakim]

 

All the other wives of the Prophet [pbuh] and most of the companions’ wives were knowledgeable too. All these women and many others significantly contributed towards enriching Muslim civilization. I cannot mention them all here; however, I will mention some examples of the women who came after the time of the Prophet’s [pbuh] companions.

 

1. Nafisat Al-‘Ilm

Adh-Dhahabi said, ‘She was a noble and righteous lady, and the daughter of the Muslim leader, Al-Hasan Ibn Zayd Ibn As-Sayyid, the grandson of the Prophet [pbuh]. She is from the Alawis Al-Hasaniyah. Her mosque is located in Cairo where she was buried. Her father appointed Al-Mansur as the leader of Madinah, then dismissed him and had him imprisoned. At the time of Al-Mahdi, Al-Mansur set him free, confiscated his money and performed the pilgrimage with him.

 

Nafisat Al-‘Ilm moved from Madinah to Egypt with her husband, Ishaq Ibn Ja‘far Ibn Muhammad As-Sadiq. She died in 208 AH, but not much was known about her death. It is narrated that she was a righteous worshipper and supplication next to her grave is more blessed.^[51]

 

Nafisat Al-‘Ilm was born in Rabi’ Al-Awwal 11 in 145 AH in Makkah and stayed there until she was five. Her mother, Zaynab, daughter of Al-Hasan, moved to Al-Madinah with her father. She used to go to the Prophet’s [pbuh] mosque and listen to the scholars who taught there. She studied Fiqh and Hadith. Because she continuously sought knowledge, she was given the title ‘Nafisat Al-‘Ilm [i.e. the one who seeks knowledge]. When she reached marriageable age, most of the Prophet’s relatives proposed marriage to her through her father, who politely refused them all, except Ishaq Al-Mu’taman, son of Ja’far Ibn Muhammad As-Sadiq. He agreed to marry her to him and they married at his father’s house. They had a son, Al-Qasim and a daughter, Umm Kulthum.

 

She spent most of her time in the Prophet’s [pbuh] Mosque in Al-Madinah. She was an ascetic person who boycotted worldly pleasures that diverted her from worship. She dug her own grave. She memorized the Qur’an and interpreted it, and many people came to her to learn tafseer. She invoked God [swt] saying, ‘O God! Make it easy for me to visit the grave of Ibrahim [pbuh].’ God [swt] answered her prayers, and she visited Ibrahim’s grave with her husband.

 

She went with her husband to Egypt in Ramadan in 193 AH at the time of Harun Ar-Rashid. They were warmly welcomed in Al-Arish, north-eastern Egypt, and they stayed in the house of the chief merchant at that time, Jamal Ad-Din Abdullah Al-Jassas. On Saturday, Ramadan 26^th, 193 AH, five years before the arrival of Imam Ash-Shafi’i, she came to Cairo and stayed with an Egyptian lady called Umm Han’ whose house was spacious, where people used to come seeking knowledge from Nafisat.

 

The house had become crowded which made it difficult for her to worship God [swt] the way that she had been used to doing. She left and said to her visitors, ‘I intended to stay among you, but I am a weak woman and many people come seeking to learn from me, which has limited the time for my invocations. I am longing for my grandfather’s Radah in Al-Madinah.’

 

When the people heard that, they begged her to stay and the governor, As-Siry Ibn Al-Hakam, told her that he would be responsible for her and that he would remove any difficulty she faced. He prepared a larger house for her and fixed a schedule of two days per week when people could visit her to learn or seek her advice, so she would be free for the rest of the week to worship. She then agreed to stay. All the princes knew about the influence she had on people and that she also led a revolution against an unjust ruler.

 

Once a common man was unjustly arrested and tortured by the ruler’s soldiers. Later, that man passed by her house. The man called for her and asked her to pray for him, so she said, ‘May God blind those who are unjust so that they will not notice you’. When they arrived at the place of the ruler, they told him about what what Nafisat Al-‘Ilm had said. The ruler said, ‘Am I unjust with my people? O God! I repent and seek Your forgiveness.’ Then, he ordered the men to release him. After that, he gave some money in charity to the poor and the needy.

 

In the book Tarikh Al-Qaramani [History of Al-Qaramani] by Al-Qaramani, the authors of Al-Gharar and Al-Mustatraf, who are authentic historians, mentioned that Nafisat Al-‘Ilm led a revolution against Ibn Tulun after people began complaining about his injustice. When she knew that the ruler would pass in front of her house, she passed him a letter. When he saw her, he dismounted and took it from her. She wrote, ‘You have ruled unjustly; you have used your power to humiliate others. You wrong people and prevent their provisions. You know that the invocation of the oppressed at night is likely to be accepted. Everyone will come to an end. Do whatever you want, to God we complain. And, soon the unjust assailants will know what turns their affairs will take! Al-Qaramani said, ‘Ibn Tulun ceased his injustice until his death.’

 

When Imam Ash-Shafi’i came to Egypt he was close to her and used to visit her on his way to and from Al-Fustat mosque for his regular lesson there. He used to pray At-Tarawih in Ramadan at her mosque. Each time he saw her, he used to ask her to pray for him. Even when he was sick, he would send someone to greet her on his behalf and tell her that he was sick so she could pray for him. In his will, he requested that she pray for him at his funeral. When he died in 204 AH and the funeral passed by her house, she prayed for him, implementing his wish.

 

She used to cry a lot because she feared God [swt], and she would fast during the day, pray at night, and only eat every three days and only with her husband. She went to Makkah for pilgrimage thirty times where she would pray to God [swt] next to the Ka’bah asking, ‘O God! My Lord, my Master and Protector! Let me enjoy Your satisfaction of me.’

 

Zaynab, daughter of Yahya Al-Mutawaj, said about her, ‘I served my aunt, Nafisat, for forty years, and she never missed the night prayer or broke her fast. So, I once told her, ‘Will you take it easy on yourself a little?’ She said, ‘How can I take it easy while I face many obstacles, that even the winners cannot pass easily.’

 

She was sick for seven years in Egypt, so she wrote a letter to her husband. She dug her grave at home and used to sincerely worship, pray, and recite the Qur’an 190 times at that grave. She kept doing this until the agony of death came while she was fasting in 208 AH. She was asked to break the fast, but she refused saying, ‘I prayed to God for thirty years that I would die while I am fasting, how can I do this now? At night, she read Surat Al-An’am [ch. 7]. When she reached the verse: ‘For them will be the home of peace [Paradise] with their Lord. And He will be their Wali [Helper and Protector] because of what they used to do.’ [A-Ana’am, 6: 127] she fainted after saying Al-Shahadah [declaration of faith] then passed away.

 

2. Karimah, Narrator of Al-Bukhari

The respected scholar, Umm Al-Kiram Karimah, daughter of Ahmad Ibn Muhammad Ibn Hatim Al-Mirzaweyah lived in Makkah. She studied Sahih Al-Bukhari at Abu Al-Haytham Al-Kashm and at Zahir Ibn Ahmad As-Sarsakhy and Abdullah Ibn Yusuf Ibn Bamuwiyh Al-Asbahani. She was a trustworthy narrator, and was generous and religious. She narrated Sahih Al-Bukhari many times, one of which was the way Abu Bakr Al-Khatib had narrated it. She never married. Many people narrated Hadith from her including Al-Khatib, Abu Al-Ghanae’m An-Nursy, Abu Taleb Al-Husayn Ibn Muhammad Az-Zaynaby, Muhammad Ibn Barakat As-Saidy, Ali Ibn Al-Husayn Al-Fraa’, Abdu Allah Ibn Muhammad Ibn Sadaquah Ibn Al-Ghazal, Abu Al-Quasim Ibn Ibrahim An-Nasĩb, Abu Al-Mudhafar Mansūr As-Sam’ani, and others.

 

Abu Al-Ghanae’m said, ‘Karimah gave me a copy of Sahih Al-Bukhari. I sat and wrote seven pages, then I read them. I wanted to lecture alone but she refused and said that she should supervise me first and she did.

 

Abu Bakr Al-Mansour As-Sama’ani said, ‘I heard from my father that Karimah was the most generous person he had ever met. My niece said that Karimah never married. Her father was from Kashmihn and her mother was from the Saiaries. Her father took her to Jerusalem and then back to Makkah; she lived until one hundred years of age.

 

Ibn Nuqutah said, ‘I took her time of death from Ibn An-Naser as 465 AH. However, the correct year of her death was in 463 AH.’ Hebatullah Ibn Al-Akfani and Abdul Aziz Ibn Ali As-Sufi told me that he had heard from one source that Karimah died in 463 AH. Abu Ja’far Muhammad Ibn Ali Al-Humadhani said, ‘I performed pilgrimage in 463 AH and was told that Karimah had died while I was on my way there.’^[52]

 

3. Amatu Al-Wahid

She was the daughter of Al-Husayn Ibn Isma’il Al-Mahamili and was a jurist and mufti. She studied with her father and narrated from him. She memorized the Qur’an by heart as well as some texts of Shafi’i Fiqh. She mastered Arabic grammar and the laws of inheritance. She used to issue Fatwas along with Abu Ali Ibn Abi Hurayrah and was the mother of Judge Muhammad Ibn Al-Qasim Al-Mahamili. She died in Ramadan 377 AH.^[53]

 

4. Shahdah Al-Abri

She was the daughter of Abu Nasr Ahmad, Ibn Al-Faraj Ad-Daynuri al-Baghdadi, the scholar of Hadith. She lived for a long time, and was a writer. She was also one of the authentic narrators of Hadith in Iraq. She was born in 480 AH and studied with Abu Al-Fawaris Tirad Az-Zaynabi, Ibn Talhah An-Na’ali, Abu Al-Hasan Ibn Ayyub, Abu Al-Khattab Ibn Al-Batr, Abdul-Wahid Ibn ‘Ulwan, Ahmad Ibn Abdul-Qadir Al-Yusifi, Thabit Ibn Bandar, Mansur Ibn Hayd, Ja’far As-Siraj, and others.

 

She had her own religious council. Many scholars narrated from her such as Ibn ‘Asakir, As-Sam’ani, Ibn Al-Jawzi, Abdul-Ghani, Abdul-Qadir Ar-Rahawi, Ibn Al-Akhdar, Sheikh Al-Mafaq, Sheikh Al-’Imad, Ash-Shihab Ibn Rajih, Al-Baha’  Abdur-Rahman, An-Nasih, Al-Fakhr Al-Irbali, Taj-ud-Din ‘Abdullah Ibn Hamawayh, A’zz Ibn Al-’Ulayq, Ibrahim Ibn Al-Khayr, Baha’ud-Din Ibn Al-Jumayzi, Muhammad Ibn Al-Mani, Abul-Qasim Ibn Qumayrah as well as many others.

 

Ibn Al-Jawzi said, ‘I studied with her. She had very good handwriting. She married one of the Caliph’s deputies.’ She was a social person and met with regular people as well as with scholars. She was generous and organized charities. She lived for nearly one hundred years and died on Muharram 14^th, in 574 AH. Many regular people and scholars attended her funeral.

 

Sheikh Al-Muwaffaq said, ‘She was the last person in the chain of Hadith transmission in Baghdad. She lived for a long time so she had introduced the knowledge of the old to the young. Her handwriting was very delicate but it became less so as she aged.

 

5. Zayn Al-Arab, Daughter of Abdur-Rahman

She was the daughter of Abdur-Rahman Ibn ‘Umar Ibn Al-Husayn. She was known as the daughter of Al-Khuzayrani. She was a scholar of Hadith and was responsible for the Sheikhdom of Ribat. She stayed in Makkah where she was responsible for the Sheikhdom of Ribat Al-Haramayn before her death in 704 AH when she was in her seventies.^[54]

 

6. Dahma’, Daughter of Yahya

She was the daughter of Yahya Ibn Al-Murtada. She was a prestigious scholar and studied with her brother, Imam Al-Mahdi. She mastered Arabic grammar, Usul [principles of Islamic jurisprudence], logic, astrology, semiotics and poetry. She wrote four volumes explaining Al-Zhar book. She made a commentary on Manzumat Al-Kufi in Fiqh [jurisprudence] and al-Fara’id [inheritance]; as well as a commentary on Mukhtasar Al-Muntaha. Students of Tala City studied with her. She died in Tala City in Dhul-Qa’dah, 837 AH.^[55]

 

7. Fatimah, Daughter of Ahmad

Fatimah, daughter of Ahnad Ibn Yahya was a noble scholar, who used to derive legal rulings from the Shari’ah. She discussed many known rules with her father, such as the mixing of henna with safflower and using it as a dye. Her father said, ‘She deduced rules by herself,’ meaning that she was well-versed. Even her husband, Imam Al-Mutahhar, used to ask her opinion when he was confused about some legal issues. When some of his students raised difficult issues, he would ask her and she would answer. When he told them, they would know that it was not his answer. She died in 840 AH before her father.^[56]

 

8. Asma’ Al-Mahrawaniyah

Asma’ was the daughter of ‘Abdullah Ibn Muhammad Al-Mahrawaniyah. She was a scholar of Hadith and a writer. She was pious and righteous. She studied the book of al-Khatib entitled ‘Riwayat Al-Aba’ ‘An Al-Abna’ [Fathers’ Narration from his Sons] with Muhammad Ibn Muhammad Ibn Nasr Ibn An-Nahhas, and Ash-Shihab Ahmad Ibn Al-Ghalib Ibn Muhammad Al-Maksīni. Six sheikhs authorized her narrations, including, Raslan Adh-Dhuhni, Abu Bakr Ibn Muhammad Al-Muzni. Ash-Shihab Ibn Al-Liyudi taught her about ruling the sheikhdom. As-Sakhawy also studied with her. She died in Damascus in Safar, 867 AH, and was buried in the Bab Tuma graveyard near Sheikh Raslan’s grave.^[57]

 

9. Zahidah At-Tahiri

She was the daughter of Muhammad Ibn ‘Abdullah At-Tahiri. She was a narrator who was authorized by Ibn Al-Jumayzi, Ash-Shawi and others. She studied with and narrated from Ibrahim Ibn Khalil and others. Al-Muqatili taught her about the sheikhdom and Al-Wani was taught by her. She died in the eighth century of Hijrah.^[58]

 

10. Zaynab Al-Jirjaniyah

Zaynab, daughter of Abdur-Rahman Ibn Al-Hasan Al-Jirjani was also known as Ibnat Ash-Shi’ra Al-Hurrah and was a knowledgeable woman, a noble scholar and an authentic narrator. She was born in Nīsabur in 524 AH. She studied Hadith with many scholars and was authorized by them. She learned from Abu Muhammad Isma’il Ibn Abu Al-Qasim Ibn Abu Bakr An-Naysaburi, the reciter; Abu Al-Qasim Zahir; Abu Al-Muzaffar Abdul-Mun’im Ibn Abdul-Karim Ibn Hawazin Al-Qushayri; Abul-Futuh Abdul-Wahhab Ibn Shah Ash-Shazyadi; Abul-Barakat Muhammad Ibn Al-Fadl Al-Fazari and others. She was authorized by Al-Hafiz Abul-Hasan Abdul-Ghaffar Ibn Isma’il Ibn Abdul-Ghaffar Al-Farisi; Al-Khiraqi, as well as other narrators and scholars.

 

‘Ali Al-Maqdisi mentioned her, while Al-Hasan Ibn Muhammad Ibn Muhammad Al-Bakri studied part of the Hadith [traditions] of Abu ‘Umar, Ismai’l Ibn Muhammad Ibn Ahmad As-Salami and ‘Uthaman Ibn Abdul-Rahman Ibn As-Salah. She studied the third part of Al-Waki’  Ibn Al-Jarrah’s book Az-Zuhd, and Al-Arba’in was narrated by her with the authenticity of As-Sa’dīn from Fatimah, the daughter of Al-Baghdadi. The tenth part of the book Al-Fawa’id by Al-Hakim’s Muhammad Ibn Muhammad Ibn Ahmad An-Naysaburi was narrated by her orally from Abu Al-Qasim Zahir Ibn Tahir Ibn Muhammad Ash-Shahami. She authorized the first and second full volumes of the narrations by Ali Ibn Harb with authentication. She died in Nīsabur Jumada Al-Akhar in 615 AH.^[59]

 

1. Women in Executive Authority [Hisbah]

It has been narrated that in the first century of the Islamic era, women were appointed to positions in the executive authority, or what is now called ‘the police’. In Islamic Jurisprudence, this is referred to as Al-Hisbah. For this reason, some scholars have agreed that women can work in similar positions in Muslim countries. Based on a narration from Ash-Shifa’, Ibn Hazm said, ‘It is permissible for a woman to be a ruler. Abu Hanifah also held this view. It was narrated that ‘Umar Ibn Al-Khattab appointed Ash-Shifa as an inspector of the market.

 

If it is said that doing so would contradict the Prophet’s [pbuh] saying, ‘People who are led by a woman will not be prosperous,’ I respond by saying that this Hadith refers to major leadership [Caliphate]. The Prophet [pbuh] said, ‘A woman is a guardian of her husband’s money and she will be asked [on the Day of Judgment] about this guardianship.’ The scholars of the Maliki school maintain that a woman can be a guardian or deputy unless there is a text in the Qur’an which forbids her in this matter.^[60]

 

Abu Balaj, Yahya Ibn Abu Salim narrated, ‘I saw Samra, the daughter of Nahik, who lived at the time of the Prophet [pbuh] wearing thick armour and thick clothes, holding a whip and telling people what is right and what is wrong.’ [Al-Tabarani and Al-Haythami]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Old and Modern Non-Muslim Women

Before Islam, women were oppressed in all ancient civilizations, whether in Europe, the Roman Empire, Persia, or in the Arab world. According to the Greeks, women were like poisonous trees. They were considered to be the result of an impure act of Satan. The Romans said that women had no soul. Some methods of torturing women involved pouring hot oil on them or letting them be pulled by horses. The Chinese said, ‘She is like painful water that removes happiness.’ In Chinese cultures, some would bury women alive, and if a woman’s husband died, his family had the right to inherit her.’ The Indians said, ‘Death, hell, poison, a snake, and fire are not worse than women. Rather, a woman had no right to live after her husband’s death and would often be burnt along with him on the funeral pyre when he died.

 

In Persia a woman was allowed to marry one of her relatives [who are forbidden to marry]. Moreover, the husband was allowed to control her until his death. In Judaism, the following is said about women, ‘She is a curse because she is the reason for misguidance, and impurity in the state of menstruation.’ Furthermore, her father had the right to sell her.

 

French Christians held a conference in 586 CE to discuss whether women were human, whether they had a soul, and if so, was it a human soul or that of an animal. If it was a human soul, was it similar to a man’s soul or less? When they ultimately decided that women were human, they concluded that she was created to serve man. The British parliament issued a decision in the era of Henry VIII that woman were not allowed to read the New Testament [the Bible], because they were inherently impure.. Before Islam, the Arabs used to bury female babies alive or throw them into a well. One man said, ‘The aforementioned occurred in the past. This is what encouraged those who support woman’s rights to launch these campaigns.’

 

 

Throughout the ages women have suffered from oppression and abuse but there have been times when their status was elevated and when they lived with dignity and respect. The peak of such times was when the principles of Islam were implemented along with the spirit of Shari`iah. Following the spirit of Islamic law enables men and women, in any time and place, to develop their society in a way that ensures the rights and dignity of all. It is true that women constitute half the human race and as such, it is vital that they are educated properly, given opportunities to give and excel, and that the home, the base of human life, is protected so that human life will continue in a way that entails no harm or oppression on anyone.

 

After reviewing the status of women in old and modern non-Muslim communities, we realize that the lifestyle of Western women cannot be a good example for Muslims.

 

[1] Ijtihad is a technical term of Islamic law that describes the process of making a legal decision by independent interpretation of the sources, including the Qur’an and the Sunnah. Ijtihād is the opposite of taqlid [imitation]. [translator]

[2] ‘Asabah: [residuaries] are all the male relatives of a deceased from the father’s side. They inherit the remainder of the estate after those who share the estate have been satisfied. [Translator]

[3] Li‘ān is the word used for a husband who accuses his spouse of adultery but lacks the corroborating witnesses. See An-Nur, 24:6-10. [Translator]

[4] Ibn al-Qayyim, Shamsud-Din, At-Turuk al-Hukmiyyah fi as-Siyasah ash-Shar‘iyyah, p.34. Cairo.

[5] ibid

[6] Ibn al-Qayyim, Shamsud-Din, ‘Ilam al-Muwaqi ‘in ‘an Rabil-‘Alamin, vol. 1, p.95. Beirut, 1973.

[7] Abdu, Muhammad, Al-‘Amal al-Kamilah, vol. 4, p. 732. Cairo.

[8] Shaltut, Mahmud, Al-Islam: ‘Aqidah wa Sharis‘ah, p. 239-241, Cairo, 1980.

[9] The author refers to lovers, male and female having relationships outside marriage such as girlfriend and boyfriend.

[10] An annual report about woman entitled ‘The Dictionary of Woman’ which is issued by the International Studies Institute in Madrid.

[11] The name of that woman is not mentioned in the Arabic text. It is taken from al-Manar Tafsir, vol. 4, p. 485, which quoted it from London Through newspaper.

[12] Al-Ghalabini, Mustafa, Al-Islam Ruh al-Madinah, p. 224

[13] It should be noted that this refers to the Muslim man who acknowledges his responsibilities to his wives and treats them equally. No one can deny that some Muslims do not fulfil the responsibilities that God [swt] has commanded them to do and they fail to build a successful family. In this case, we cannot say that the reason for this failure is the Islamic teachings which only give men the right to do so. It is the responsibility of the person himself in this world and in the hereafter to live according to these principles. Polygyny is not an honour for men, it is a responsibility. [translator]

[14] Ibn al-Qayyim, Shamsud-Din, ‘Ilam al-Muwaqa‘in ‘an Rabil-‘Alamin, vol. 4, p.260. Beirut, 1973.

[15] Al-‘Asqalani, Ibn Hajar, At-Talkhis al-Habir, vol. 2, p.26-27

[16] ibid, p32

[17] The Kuwaiti Encyclopaedia of Fiqh, vo.21, p. 266.

[18] Ibn Muflih, Shamsud-Din, Al-Furu‘, vol. 2, p.16

[19] The Kuwaiti Encyclopaedia of Fiqh, vo.17, p. 241.

[20] Al-‘Asqalani, Ibn Hajar, Fath al-Bari, vo. 8, p.128.

[21] See Al-Isti ‘ab by Ibn Abdil-Barr, vo. 4, p.1831, and  Al-Isabah fi tamyiz as-Sahabaha by Ibn Hajar, vol.7, p.620,

[22]For example, deflowering one’s wife in an illegitimate unnatural way is an act which necessitates punishment. The scholars say: ‘Deflowering one’s wife using the hand is forbidden and whoever does this is to be punished.’

 

[23] See the Report of the American Congress Committee for investigating the crimes of juveniles under the heading, ‘The Collapsed Morals of the American Community.

[24] This part is not in the Arabic textbook. It has been quoted from the official website of Dar al-Ifta’, written by the author. [translator]

[25] The question that arises from time to time is: Is Hijab a form of oppression? On the contrary, Hijab represents a woman’s right to maintain her modesty and to be respected as a person. We could turn the question around the other way: If one woman has the right to go half naked in public, why does another woman not have the right to cover herself in public? Why is it looked upon as oppression if she chooses to be modest?

While most Western societies often consider the veil to be radical and a violation of women’s rights, Muslim women feel that the veil gives them freedom. This is different from the definition of freedom set by the West.

A Muslim woman who follows the Islamic dress code considers herself free from being judged by her physical features, and rather, is to be judged by her character. What is important about women is their intellect and personality; they should not be judged according to their beauty. While women always emphasize their beauty to fulfil the standard of attractiveness set by men, Muslim women set themselves free from being an object for display, but rather, consider themselves as humans who have an exclusive right over themselves.

[26] This part is not from the original Arabic book. It is a Fatwa about Hijab and Niqab on the official website of Dar al-Ifta with the permission of the author. [translator]

[27] Al-Tabari, Ibn Jarir, Tarikh at-Tabari, vol. 4, p. 623.

[28] Ibid, vol. 5, p.514

[29] Ibn Kathir, ‘Isma ‘il, al-Bidayah wan-Nihayah, vol. 11, p.118

[30] Rida, ‘Umar,  ‘Alam an-Nisa, vol.11, p.175.

[31] Ibn Kathir, ‘Isma ‘il, al-Bidayah wan-Nihayah, vol. 11, p.175.

[32] Yemen

[33] Adh-Dhahabi, Al-Hafiz, Siyar A‘lam an-Nubala’, vol. 15, p.181.

[34] Az-Zirikli, Khayriddin, Al-A‘lam,  vol. 1, 289. Rida, ‘Umar,  A‘lam An-Nisa’, vol. 1, p. 253.

[35] Rida, ‘Umar,  A‘lam An-Nisa’, vol. 1, p. 169.

[36] Ibid, vol. 1, p. 449.

[37] Ibid, vo. 2, p.286

[38] Ibn Khatir, Isma‘il, Al-Bidayah wan-Nihayah, vol. 11, p.129.

[39] Rida, ‘Umar,  A‘lam An-Nisa’, vol. 1, p. 169.

[40] See al-Isti‘ab, vol. 4, p. 1940; and Tabaqat Ibn Sa‘d, vol. 8, p.425.

[41] Adh-Dhahabi, , Siyar A‘lam an-Nubala’, vol. 2, p.316.

[42] ibid, vol. 3, p. 198.

[43] See Usd al-Ghabah, vo. 5, p. 592 and Al-Isabah fi Tamyyiz as-Sahabah, vol. 4, p. 462.

[44] See Ath-Thiqat by Ibn Hibban, vol. 3, p. 61

[45] Al-‘Asqalani, Ibn Hajar, Al-Isabah fi Tamyyiz as-Sahabah, vol. 8, p. 106.

[46] See al-Isti ‘ab, vol. 4, p. 1907;

[47] Al-‘Asqalani, Ibn Hajar, Al-Isabah fi Tamyyiz as-Sahabah, vol. 7, p. 646.

[48] Rida, ‘Umar, A‘lam An-Nisa’, vol. 1, p169.

[49] Adh-Dhahabi, Al-Hafiz, Mizan al-‘Itidal fi Naqd Ar-Rijal,  vol.7, p. 465

[50] Al-‘Asqalani, Ibn Hajar, Lisan al-Mizan, vol. 7, p. 522.

[51] Adh-Dhahabi, Al-Hafiz, Siyar A‘lam an-Nubala’, vol. 10, p.106.

 

[52] Adh-Dhahabi, Al-Hafiz, Siyar A‘lam an-Nubala’, vol. 18, p.233.

[53] ibid, vol.15, p.264.

[54] Al-‘Asqalani, Ibn Hajar, Ad-Durar Al-Kaminah, vol. 2, p. 247.

[55] Rida, ‘Umar, A‘lam An-Nisa’, vol. 2, p. 44.

[56] Ibid, vol. 1, p.420

[57] ibid, vol. 1, p. 56

[58] Al-‘Asqalani, Ibn Hajar, Ad-Durar Al-Kaminah, vol. 2, p. 212

[59] Rida, ‘Umar, A‘lam An-Nisa’, vol. 2, p75.

[60] Ibn Hazm, Abu Muhammad., Al-Mulla, vol. 9, p. 429-430

 

Can we please use the word ‘Allah’, instead of ‘God’?

 

It is usual after ‘the Quran states…’ to say ‘what means’ as we are using a translation of the meanings.

 

explain what this means

 

explian

 

saying the women are ‘shy’ is incorrect. Shyness and modesty are different and a righteous woman will be modest but she will also be able to articulate and express herself confidently. It is this notion of females being ‘shy’ that make parents and communities often silence their voices because they are expected to be shy as a sign of righteousness.

 

This seems a superficial explanation. Largely the call is for woman to be paid equal pay for equal work and have the right to vote and have a voice in society.

 

It is important to note that in our modern context, many women bear the financial responsibility of the household and are not financially supported by male members of their families, and yet are still expected to receive the lesser amount of inheritance. This has to be explained. For example, are there exemptions for the specific division of inheritance in urgent (daroorah) cases, like it is allowed to drink wine and eat pork if faced with death?

 

‘cost of proceeds’ unclear meaning

 

‘Islam biases women’ rephrase?