It is reported that someone once asked Mohammad whether he was happier
in Makkah or Medina. Prophet replied that he was happier in Makkah. This
amazed the questioner as during the 13 years of life as Prophet in
Makkah, Mohammad was never allowed to live in peace. There were cases of
the Makkans throwing camel skin on Mohammad’s back as he prostrated
before God. He was beaten, children used
to aim stones at him while an old woman used to throw garbage on his
head almost on daily basis. Those who supported him too were not allowed
to live in peace. They were abused and beaten and at times several of
them died of torture. For three years, Mohammad and his family were
thrown out of the city and out-casted to live a life of misery at
Sheb-e-Abi Talib, a barren land near Makkah where there was no food and
no water available for days. Mohammad and his companions had to eat
stalks and stems of trees and raw grass. At times Mohammad even used to
tie stone on his stomach to relieve him from hunger. Mohammad’s beloved
wife Khadija couldn’t face the hardships at Sheb-e-Abi Talib and died
immediately after the 3 year-old dictate of Makkans ended and Mohammad
and his relatives returned to Makkah. Finally, when the plot to kill
Mohammad was unveiled by God, Mohammad migrated to Medina, where he
lived for another 10 years.
Yet, Mohammad said that he was
happier at Makkah. When asked the reason, Mohammad said that his wife of
27 years – Khadija - was the reason. When Mohammad used to return home
after the day’s toil and hardship it was Khadija whose presence at home
served as a soothing balm. Khadija’s words of encouragement made him
more determined than ever to propagate his teachings with renewed force
the next day.
There is no doubt that Khadija was the most
beloved of all wives of Mohammad. Till she was alive Mohammad never
thought of marrying anybody else. Khadija passed away when Mohammad was
52 years old. He migrated to Medina at the age of 53. It was here that
we hear of 9 more wives.
Fact is that Muslims have never given
the place to Khadija that she deserves. When books related to Islamic
traditions were written about 200 years later, we find an attempt to
portray two wives as the closest. These two wives were incidentally the
daughters of the first two Caliphs. In an attempt to show that these
wives were the closest, a lot many stories were concocted, which has
nothing to do with reality. The concocters of these stories vied with
each other to put down ridiculous events and incidents, to the extent
that even today Mohammad’s character has come under scanner. What were
they gaining from concocting such stories is obvious because, we will
show later, it was in accordance with the Umayyad and Abbasid rulers’
scheme of things that certain people were portrayed as closest to
Mohammad. It was natural that when two of the wives were being projected
as closest, several stories related to sexual behaviour were concocted.
This was done unmindful of the fact that such stories tarnished the
image and the very ideals that Mohammad stood for.
I invite
you to have a glance at two plus two once again. Quran says hearts of
two of the wives of Mohammad were not upright and there is no attempt by
Muslims to find who these two wives are. It is these two wives who are
portrayed by later day Muslims as being most intimate with Mohammad to
the extent that several encounters of sexual orgies and stories of
unnatural sexual behaviour are described with them. No other wife, not
even Khadija who remained the wife for 27 years, has been found to
describe any such incident from Mohammad’s life. Answer is obvious?
Ali was the divinely appointed Imam but Muslims chose the fathers of
these two wives as the first and second Caliph respectively. Ali lived a
secluded life but even then all attempts were made to malign his
character from public platform by Muawiya who usurped the Caliphate from
Ali. It was Muawiya who pushed one of these two wives to wage a war on
Ali when Ali was sworn as the 4th Caliph. The later day rulers too knew
that the Divine Command for Imamate was in the name of Ahlulbayt and a
good number of people considered the Umayyads and the Abbasids as
usurpers. They had never embraced Islam but were worldly rulers who used
the garb of Islam to fulfil their material desires. Consequently the
monarchy, that Prophet Mohammad took so much pains to abolish, was
reinstated only a few decades after his death. It was this guilt that
they were occupying the throne whereas the Divine Will for Imamate was
for Ahlulbayt propelled them to kill and imprison the Ahlulbayt at the
smallest concocted pretence. And it was this guilt alone because of
which two of the wives of Prophet, who were daughters of the first two
caliphs, were projected as the closest. After all Ahlulbayt meant
‘People of the House’ and these rulers wanted to show that certain other
dwellers of the house of the Prophet were closer than the Ahlulbayt.
Hence such concocted narrations which actually go on to tarnish the
character of Mohammad, contrary to all his teachings. Little did these
people realize that Ahlulbayt were not the ‘People of the house (of
Prophet Mohammad), but were ‘People of the House (of God) [Keep in mind
that Baytullah (House of Allah) was close by and Quran when addressing
Mohammad has also included Mohammad in the category of Ahlulbayt. Since
Quran had taken guarantee of purity of Ahlulbayt and attempts were made
to show that by Ahlulbayt not ‘People of the House (of God) were meant
but ‘People of the House (of Mohammad) were meant, certain wives were
given prominence through falsely concocted traditions to confuse
everyone regarding who were the actual People of the House.
Since the Umayyad and Abbasid rulers were not Muslims at heart, they had
no problem tarnishing the image of Ali from the pulpits of mosques all
across the Muslim world despite the great Divine Role that Mohammad and
Quran had bestowed on Ali. They did all they could to tarnish the image
of Ali and rest of Ahlulbayt but failed. They would have done the same
in the case of Mohammad but they knew that they were enjoying the fruits
of kingdom and consequent loyalty of a good number of subjects only in
the name of Mohammad. Hence, while the rest of Ahlulbayt were tortured
and imprisoned and killed, they adopted a different strategy in case of
Mohammad by doing all they could to malign his character and change the
spirit of his teachings. They maligned Mohammad’s character through
circulating concocted traditions related to Mohammad. There are several
such traditions from people like Abu Huraira that have found place in
books of traditions considered most authentic by the Muslims. It is
these traditions that are used by people who are bent on attacking
Islamic teachings. Such people are least bothered about checking the
veracity of these traditions, they are least bothered about trying to
know why these two wives alone are the center of all such traditions
that malign the character of Mohammad and they also overlook that Quran
itself points at two wives in a negative manner.
Fact is that
Islam had, for the first time, bestowed equal rights on men and women.
Such equality was not even dreamed off before. There are traditions in
Sahih Bukhari, Sahih Muslim, Sahih Tirmizi, Sunan-e-Ibn-e-Dawood which
give equal place to woman. Raising of girl child has been encouraged. It
is said that a girl is a boon and if someone raises two girls, he is
guaranteed a place in heaven. Quran says that woman is equal to man in
terms of worship and reward with the only difference that she has been
exempted from armed combat. This has been done keeping the basic nature
of woman and her feminine character in mind.
Fact is that
today we have wrong notions of equality. For instance, if there is a 3
year old boy, 30 year old young man and a 90 year old man, equality is
not in giving 3 loaves of bread to each one of them. For the 3 year old
child may need just one loaf, the old man may need 2 loafs and the young
man may need 5 loafs. Islam also does not have a concept of equality
that is present when 3 lakh is kept as the minimum yearly income when
someone will have to pay tax. Imagine an employee who has inherited good
amount of property and has only himself to take care of. At the same
time, there is an employee who has wife and 2 children who go to school,
ailing parents who need medical attention on daily basis and 2 sisters,
one of whom is spastic, to take care of and lives in a rented
accommodation. Both earn 3 lakh and will have to pay 10% as tax. Is it
equality? Islamic concept of equality is different. As per this, after
meeting the basic needs of the family, at par with the social status of
the family, what is left after meeting all the expenses is the amount
that is taxable. Therefore, even if two people are earning 3 lakh each
and one pays 20000 as tax while the other pays nothing, it is greater
equality than both paying 30000 each as tax.
Quran also says
that women are the ornaments of man; woman has been described as man’s
solace. When this woman becomes a mother, Quran bestows such regard on
her that it is forbidden for sons to even say ‘uff’ (the smallest
syllable of dissent) to her. There is a tradition that someone came to
Mohammad and said that I have done so much for my mother, have I been
absolved of my responsibility. The Prophet said that this was not even
equivalent to the one incident when the mother sacrificed her sleep by
changing your wet clothing when you were a kid.
That Quran
talks of two female witnesses instead of one male and also gives half
share in the parental property to female descendent should also be seen
keeping in view of this Islamic concept of equality. It is against the
very nature of woman, who is temperamentally emotional and caring, and
will feel out of place in the harsh world of being a witness. Likewise,
women also inherits property from her husband and hence has been given
half a share in parental property compared to her brothers. We have to
keep in mind that these laws were made when women were themselves
considered properties and had no say in property or society, neither in
Europe nor in Asia, including India. Likewise, when woman is exempted
from offering prayers and fasting during her menstrual periods, it is
basically to honour her feminine character rather than reduce her days
of worship. As per Islam, worship is not offering of prayers but
obedience to God’s command. That is why there are specific commands when
the prayers cannot be offered. Likewise, not offering prayers and fast
during menstrual periods becomes worship itself when done with regard to
obedience of Divine Command. It is equivalent to the command which says
that if you are offering prayers and hear that a man is dying whom it
is possible for you to save, it is obligatory for you to leave your
prayer. Since God commands you to leave prayer, if you still do it, you
are on the wrong.
There is one more area that is criticised by
detractors of Islam. There is a specific verse in Quran which talks of
abstaining from sex and if women still doesn’t change her ways even
slapping or hitting her. I have seen long debates here on social media
where people who are attacking Divine Command in Quran. They say that
Islam allows beating of women. Islamic scholars on the other hand go on
defensive and say that only mild slapping or flogging has been talked
about. One scholar has even commented that this flogging has to be done
with a very frail stem of a tree. Both the attackers and the defenders
overlook the other part of the command where it is specifically
mentioned that abstaining from sex and beating has to be carried out if
the women is seen to be disloyal.
It is in fact a very noble
feature of Islam that it does not allow the man to go to the extreme
even when loyalty is under doubt. If the woman is cheating on her
husband, she already has no regard to the sanctity of a married life. In
such a situation, if you do not even want the man to punish her mildly,
you are acting against the basic nature of man. If a woman wants
proximity with another man other than husband, she can talk and get out
of the marriage. If she is still continuing with marriage and still
acting in such a manner that husband has become suspicious of
disloyalty, if Quran allows minor beating keeping a male nature in mind,
how can we be critical of it?
No mention is there of divorce
even in such a situation. Fact is that Islam despises divorce. But since
the rules were made for entire humanity and for all situations and
times, it was necessary that divorce be given sanction as the final
alternative, if all other options have failed. ¬Look at the societies
like India and Europe that had no concept of divorce. Is it not the fact
that even these societies had to add the concept of divorce because
without this concept equality of some people was getting compromised?
Unfortunately these societies have incorporated the concept of divorce,
they are still far away from incorporating the stress that Islam has
laid to try to continue the marriage.
This also brings us to
another point. That 4 witnesses have been made necessary to prove that
sex outside marriage have taken place. If there are 4 witnesses
available who vouch that adultery has taken place, then the severe most
punishment is prescribed. Detractors of Islam criticize this rule as
well, saying that Islam is a barbaric religion. The other day there was a
gentleman here on social media who even said that what difference it
made if sex took place outside or inside religion.
Fact is that
even the Muslim commentators have failed to understand the true nature
of Islamic teachings. Islam values the fact that Forces of Darkness are
very much a part of Divine Creation Plan. It also knows that the Forces
of Darkness are equally powerful compared to the Forces of Guidance (or
Light), if not more. Therefore it tries to keep the punishments at the
barest minimum. So much so that upon suspicion of disloyalty too, the
punishment that is prescribed is merely abstaining from sex and even
then if the wife does not change her behaviour, then mild beating. Those
who criticize Islamic rule should introspect what their reaction would
be if they were suspicious that their wife was cheating on them.
Considering the fact that forces of misguidance are extremely powerful,
Islam gives all opportunity to the person – whether male or female – to
make amends. For disobedience to Divine Command, the punishment has
been prescribed in the afterlife. Thus no punishment is to be given in
this world if a person claims to be a Muslim but does not offer prayers
all his life, does not fast all his life, does not go to Hajj, even does
not participate in the religious war, in case it becomes essential to
fight. So much stress has been paid on making atonements for sin that a
sincere tauba (realization that one was on wrong and internal resolve
that the sin would not be perpetuated again) washes the sin entirely.
Though there are certain mandatory obligations that are to be met when
one comes under the fold of Islam, which is basically acceptance of
Divine Lordship over our entire self, greater stress is on good deeds
and character and service of humanity. Quran explicitly says that God is
the judge of the judges and both judges and the judge of the judges can
forgive a person for some small amount of good deed committed by him or
her. For one good deed, 10 times and even 70 times reward is prescribed
but for one bad deed, only one punishment is prescribed. In spite of
this, when it comes to cases where Islam prescribes punishment in this
world, it too is harshest in nature. Why?
To know the answer,
let us consider the punishments that are prescribed in this world alone.
Chhandogya Upanishad and few other Upanishads describe the five
greatest sins as following: Having sex with guru’s wife, theft of gold,
murdering a Brahman, consumption of alcohol and giving company to a
person who commits these 4 grave sins. Despite the fact that Chhandogya
and other Upanishads had mentioned these sins, what we see in the study
of the Upanishads is that mostly the Divine Creation Plan is being told
to us and the path that would lead us to salvation is being shown. How
to attain salvation has been told but what would happen if we do not
tread on the path was not told. No punishments were being prescribed
whereas rewards were being told. Even till the time of Krishna, while
stress is on how to elevate oneself spiritually, there are mere hints
regarding what would happen if we do not tread that path. The same
Divine Plan had been followed in all parts of the globe. Why? Because it
was the Satya yug, when there were more adherents on truth than
non-adherents. So little was told of evil and more of good deeds. But at
the onset of Kaliyug, when Mohammad came to conclude the teachings, it
was but obvious that certain punishments too had to be prescribed. Thus
Mohammad concluded the teachings that had come through various avatars
and apostles through developing an entire way of life. This also
explains why Quran makes it mandatory on Muslims to believe in the
scriptures that came earlier and also in the teachings of Apostles and
Avatars that were sent earlier. This also explains why Quran refers to
so many incidents of previous Apostles and Avatars.
Have you
ever thought why Upanishads have kept giving company to those who commit
the 4 grave sins as the 5th most grave sin? This is so because as per
Divine Plan, while it has been left on us to choose between right and
wrong, while the punishment has been kept for the afterlife and that too
it is not certain whether the person would be given punishment or would
be forgiven for some of the good deeds committed by him, God wants to
create a social order in this world so that everybody gets an equal
opportunity to choose between right and wrong path.
Evil
committed may be a personal affair but God does not want that evil to
propagate and hence keeping company with the perpetuator of severe evils
too has been termed as the gravest of all evils. If you notice, Islam
too has prescribed punishment in this world to those evils only which
were termed as the grave sins by the Upanishads with the difference that
having sex with guru’s wife got changed to having sex with anybody’s
wife, killing of Brahman got changed to killing of any innocent human
being, theft of gold got changed to all kinds of thefts (including white
collared thefts) and consumption of alcohol remained as severe a taboo
as it was earlier.
These evils have been considered as
greatest evil because when one commits these evil, the evil is not
confined to the person itself. For instance, theft of money or gold or
even electricity is an evil because it is another person or the
Government who is being robbed. Murder is an evil because another
innocent person’s life is being lost who too may be having loved ones
and dependents whose life would be affected. If one commits adultery, he
or she is actually cheating on other people with whom they are married
to. Further it may ruin the family ties and affect the growth of the
children.
But why 4 witnesses are required for adultery when a
much milder punishment was prescribed when loyalty came under suspect?
Normally, the detractors from Islamic teachings are of view that this is
a very harsh punishment. But if we see it with an open mind we will
conclude that Islam in fact has been too lenient on prescribing the
punishment.
We will have to consider the spirit of Islamic
teachings to come to this conclusion. We know for fact that innumerable
cases of adultery are taking place around us. We are also suspicious and
at times even know for certainty that this and this person are
committing adultery. But even then as per Islamic law they cannot be
punished openly.
A well-known weekly newsmagazine gave a
survey long time back which said that the first initiation to sex that
the young boys and girls were having was with the cousins. There are
surveys being published every second day which tell how many men and
women were cheating on their spouses. Stories related to live-in
relationships, dating outside marriage, sexual flicks and escapades are
being published on regular basis. If we truly understand the spirit of
Islamic teaching, publishing such stories is a graver crime than
committing the act itself. Not just this, highlighting of cases of rape
and adultery too is against Islamic spirit.
Why? One who
understands why giving company to perpetuator of the 4 grave sins was
considered as the 5th grave sin would understand the spirit. Take the
case of 16/12, the great coverage which the Delhi rape case got. I knew
of certain specific boys and girls in my family ranging from 8 to 15 who
knew that marriage was permissible in India only when the boy attained
the age of 21 and the girl attained the age of 18. They knew that
marriage alone is the option available to get a spouse. The great
publicity that was given to the rape on news channels told them of
another option. Now they know of rape, whereas earlier they knew nothing
about it. Thus, telling of the crime resulted in propagation of the
crime. If such a grave crime had been committed and it was publicized so
extensively, it would have been wrong if the harshest punishment was
not given to those who perpetuated the crime and even this punishment
widely publicised. Otherwise, the media would have become partner in
propagating the crime. A same happens with corruption. A few decades
back, most men and women in Government offices were not aware of the
various means to take illegal money. Some did it and when the issue was
publicized, others got to know it, so much so that corruption continued
to spread with each passing day. If we had strict rules to curtail
corruption and strict punishment was given to anybody who got caught,
right in public view, there would not have been so many cases visible.
This is the Islamic spirit. It is lenient but it becomes extremely
strict in matters where the society itself is getting corrupted.
Fact is that if we are to put an end to corruption, the society will
have to come to conclusion that severe most punishments should be
prescribed for a person who has been found to be a thief (corruption is a
form of theft). Just imagine that if the four fingers of just 10 of the
thieves (who have indulged in corruption and whose theft has been
proven) are amputated in India, all citizens would think twice before
committing such an act.
A brief mention of the Islamic concept
of ‘gheebat’ need to be given here, which is basically aimed at
confining the evil right where it was committed. As we have said
earlier, if we do not know for certainty, we all are suspicious of or
have heard of cases where certain people committed adultery. But as per
Islamic law, we are not allowed to talk about this evil, even when we
are certain that the person has committed it. Howsoever grave are the
sins that a person is committing and howsoever much we are sure about
the crime, we are not supposed to talk about it to a third person unless
with an aim of admonishing or if we are the aggrieved party ourselves.
Gheebat or talking about the evil that the other person has committed
has been described as equivalent to eating the flesh of a dead brother’s
corpse.
Now consider for a while. Who would commit adultery
and then leave 4 persons as witness. Only a person with blatant
disregard to social laws would commit such an act. Whereas Islam wants
evil to be confined to the place where the crime has been committed,
such a couple is acting in utter disregard of all societal customs and
laws. Such a person is actually propagating the sin, rather than just
committing it. It is for such a person that harshest of punishment in
public have been advised.
All those who are adult must have
seen that there was a time when attackers on Islam used to mock at the
fact that Islam has prescribed flogging and stoning as the punishment
for adultery (which has four witnesses). But a time came when Lal
Krishna Advani (when he was the Home Minister) said that death should be
penalty for a rapist. Today, after 16/11 and other similar cases, we
have begun to demand the harshest punishment for rape and other similar
evils. Are we not coming close to accepting the Islamic law?
Likewise, Islam never laid down any age limit for marriage. The day a
boy or a girl attained puberty, all religious laws were applicable on
him or her. The day this boy or girl felt they wanted marriage (a
physical union), Islam didn’t restrict them from going ahead with the
marriage. Was it not freedom, even for girls? Instead what we did in
society was that we continued to delay the marriage of children in the
name of education and career. I have read a specific view published in a
leading newspaper which said that men were at the peak of their sexual
lives at the age of 18-22. As per the prevailing urban custom, seldom is
a youth married at this age. Are we not preparing our society for
increasingly large cases of adultery and consequent societal corruption?
I am reminded of the Arushi murder case here. If the stories related to
what happened are true, her father found her in a compromising position
with a servant. The stories also said that she was the only child, the
parents showered all their love on her, showered her with gifts,
celebrated her birthday with great pomp and were even preparing to
celebrate the 14th birthday. Keep your hand on heart and try to think
what you would do if you find your own daughter in such a situation.
Nobody tries to think it the other way. That though just 14, Arushi had
matured and her natural sexual instincts had been aroused already. If
she had said to her parents that she wanted to marry, would the parents,
the society or even the law had allowed her to do so?
Is it not true that Islamic laws are for the societal good?
A man is not allowed to go for second marriag, without the consent of
his first wife. But considering the fact that Islamic laws are for all
humanity, there are a lot many diverse type of situations which emerge.
For instance take the case of Dharmendra, a successful actor who was
married and even had children. But he fell in love with a lady to such
an extent that he even accepted converting to Islam, albeit only for
laws sake, so as to consummate marriage with her and give legality to
the relationship. This is only one of the innumerable situations that
could emerge. What if both husband and wife wants a child and know that
wife is unable to conceive? What if the relationship deteriorates to
such an extent that maintaining the relationship itself is a crime on
both parties? Islam allowed second marriage but just as it had allowed
divorce but made it despicable, it even bounded the person with ifs and
buts, so much so that we find only a handful of people who have gone for
second marriage. ¬¬What more conditions can be put than the affirmation
of the first wife? Even if she gives permission, then it has been made
obligatory that both are treated equally, so much so that equal time is
given to both, equal gifts are given to both and equality is shown in
all aspects, even if one is 50 year old and the other is 20 year old. If
there are people who go for second marriage without paying heed to the
conditions put by Islam, they are offenders and will get the rightful
punishment.
We can give so many examples to show the equality
that Islam bestows on women. From here onwards, I will copy down some of
the narrations and verses that explicitly talk about women and their
rights.
Book Sahih Muslim relates on the authority of Anas that
“The Messenger of Allah said: He who brings up two young girls until
they come of age will come in the day of judgment with me the same way
like these two fingers.”
Books Sahih Tirmizi and Sunan-e-Abu
Dawood state on the authority of Abu Sa’eed Al Khudri that “The
Messenger of Allah said: He who has three daughters or three sisters, or
two daughters or two sisters, and takes care of them and shows kindness
to them, and fears Allah in their treatment, Paradise will be his lot.”
Quran commands all men and women to worship God alone faithfully and
simultaneously, and at the same level of obligation, it commands us to
be gentle and devoted to both parents of whom the mother is on higher
pedestal.
Books Sahih Bukhari and Sahih Muslim that a man asked
the Prophet: “O Messenger of Allah! Who should I treat with
reverence?” He answered: “Your mother.” The man inquired: “Who comes
after her?” He said “Your mother.” Again the man asked: “Who comes
after?” He said: “Your mother.” The man asked once more: “Who comes
after?” He said: “Your father.”
Concerning marital life, Quran
says in Ar-Rum (verse 20-21): “Among His Signs is this, that He created
you from dust; and then, - behold, ye are men scattered (far and wide)!
And among His Signs is this, that He created for you mates from among
yourselves, that ye may dwell in tranquillity with them, and He has put
love and mercy between your (hearts): Verily in that are Signs for those
who reflect.”
This verse implies that woman has been created
as a source of peace and tranquillity for the man. Marital life, as per
Quran, is established upon love and mercy.
In addition to the
equality in the reward of the Hereafter, God has made most of His
obligations so general so as to include both men and women. Quran says
in Surah Ghafir: 40: “He that works evil will not be requited but by the
like thereof: And he that works a righteous deed – whether man or woman
– and is a believer – such will enter the Garden (of Bliss): therein
will they have abundance without measure.”
And Surah Al-Ahzab
verse 35 says: For Muslim men and women, - for believing men and women,
for devout men and women, for true men and women, for men and women who
are patient and constant, for men and women who humble themselves, for
men and women who give in charity, for men and women who fast, for men
and women who guard their chastity and for men and women who take the
name of God constantly, there is a great reward awaiting them.
And surah Al-e-Imran: 195 says: And their Lord hath accepted of them,
and answered them: “Never will I suffer to be lost the work of any of
you, be he male or female: ye are members, one of another.”
Surah An-Nahl: 97 says: “Whoever works righteousness, man or woman, and
has faith, verily to him will We give a life that is good and pure, and
We will bestow on such their reward according to the best of their
actions.”
Surah Mohammad: 19 says: “Know, therefore, that there
is no god but Allah, and ask forgiveness for thy fault, and for the men
and women who believe: for Allah knows how ye move about and how ye
dwell in your homes.”
Surah An-Nisaa: 124 says: “If any do
deeds of righteousness, - be they male or female – and have faith, they
will enter heaven, and not the least injustice will be done to them.”
Surah A-Tauba: 71 says: “The believers, men and women, are protectors,
one of another: they enjoin what is just, and forbid what is evil: they
observe regular prayers, pay zakat and obey Allah and His Messenger. On
them will Allah pour His mercy: for Allah is Exalted in power, Wise.”
However, a certain degree of guardianship and leadership in order to
provide for the needs of women, has been kept. Surah Nisaa: 34 of Quran
says: “Men are the protectors and maintainers of women, because Allah
has given the one more (strength) than the other, and because they
support them from their means.”
Women have joined men in
acquiring knowledge in the guidance of Islam so that many of them became
narrators of traditions, poetesses, writers, compilers in various kinds
of science and art. It is unanimously agreed by all sects in Islam that
men and women are all alike, excluding the special feminine
characteristics such as confinement, nursing, exemption from fighting in
battle, etc. as has been referred to earlier. The Prophet tradition
that says: [Seeking knowledge is incumbent on every Muslim] comprises
women as well, though the Arabic word (Muslim) is masculine in gender.
Islam has cancelled all that used to be practised among the Arabs and
non-Arabs concerning the deprivation of woman of her right in taking
possession or limiting the scope of her free hand over her own property.
It has also cancelled the husband’s free hand over the property of his
wife. The Islamic rules confirm to woman all kinds of taking possessions
and lawful freedom of hand over her own property.
Woman has
the full right to manage all sorts of ownership, sign financial
contracts, without any wardship upon her, provided that she is
conscious, sensible and legally major. She has a free hand in all forms
and practices, such as buying, selling, renting, letting, donating,
making a will or Waqf, giving in charity, lending, borrowing,
mortgaging, sponsoring, trading, crop-sharing, speculating and so on.
She is absolutely free in financial dealings and agreements.
Women can trade, or do any lawful job to earn a living. She can
guarantee others and be guaranteed. She can transfer by will to any of
those who don’t inherit her. She can sue anyone in order to restore what
belongs to her, or to avoid being wronged.
Woman has all
those practical rights without any intervention from her husband or
patron, as long as her conduct is in accordance with the Islamic
instructions and with her essential task as a mother and a wife.
Cancelling the wrong practice of depriving women of inheritance and
restricting the heritage exclusively to men, Quran says in Surah
An-Nisaa: 7: “From what is left by parents and those nearest related,
there is a share for men and a share for women, whether the property be
small or large, - a determinate share.”
Later, Quran (Surah
An-Nisaa:11) defines the share of each heir or heiress: “Allah (thus)
directs you as regards your children’s (inheritance): to the male, a
portion equal to that of two females: if only.”
The wisdom behind
this distribution of legacy is that Islam observes that the man as a
husband and a father is charged to provide for the support of a wife or
children.
Thus, the share of woman is practically the same as
man and sometimes even greater, according to the situations. Suppose
someone died leaving behind a son and a daughter, and a legacy of 3
million rupees. Now the son will get 2 million and the daughter 1
million. But when he marries, he will have to give mehr (dowry) to his
wife, furnish a house and provide for his wife’s living, whether she is
rich or poor. So the sum of 2 million does not belong to him alone.
Perhaps his actual share is rather less than his sisters.
It is
the father’s duty to take care of the children, in addition to their
other. While his sister, getting married, will also get mehr (dowry)
from her husband and her husband will be responsible for her expenses.
So she can keep her share without expending or may even invest it.
If money is gained only through inheritance, women would be richer than
men in most cases. So it is an honour to woman to be given half the
share of man.
Woman is often too week to earn money and she is
too busy in her household and marital life and all related troubles, to
work for her living. It is neither wrong nor superiority to choose the
man as the supporter of the family. Therefore, the share of inheritance
for woman remains as a reserve, in case she didn’t marry at all, or her
husband died leaving out nothing for her.
As regards to
marriage, it has been made legal for both men and women. Quran (Surah
An-Nur:32) says: “Marry those among you who are single, and the virtuous
ones among your slaves, male or female: if they are in poverty.”
Keep in mind, ‘single’ means any man or woman with no spouse. And
stress is on ‘virtuous’ even so in ‘poverty’. The right of woman to
marry is lawfully decreed the same way like the right of man.
Quran
(An-Nisaa: 127 says: “They ask thy instruction concerning the women,
say: Allah doth instruct you about them: and (remember) what hath been
rehearsed unto you in the Book, concerning the orphaned women to whom ye
give not the portions prescribed, and yet whom ye desire to marry, as
also concerning the children who are weak and oppressed: That ye stand
firm for justice to orphans. There is not a good deed which ye do, but
Allah is well-acquainted therewith.”
In Islam, the marital
relation has been raised up to the highest level. It has been considered
a mutual relation for achieving important goals in the life of the two
consorts, the family, and the community as a whole. Woman has the right
to choose her own spouse. She has the right to consent or disagree, when
someone proposes to her through her guardian. The marriage contract
will not be concluded unless she consents with her own free will.
In this concern, Prophet Mohammad has said: “A widow should never be
made to marry without her conference, and no virgin would marry without
her consent.”
Here we mention some Islamic rules concerning the
marriage contract: (a) The perfect will and absolute satisfaction of
both spouses. So no one can be made to marry a consort he or she
dislikes. The head of the family has no authority to force any member of
his family to marry against his or her free will. (b) Any marriage
contract concluded without the female’s permission is null and void. (c)
Due to lack of experience, some girls may dash into premature marriage.
So the guardian is to supervise and explain the situation in order to
look for the efficient spouse. (d) Islam forbids the guardians to block
women from marrying for their own gains or benefits. Or even if they
don’t like the spouse. Quran (Surah Al-Baqarah) says: “When ye divorce
women, and they fulfil the term of their (‘Iddat), do not prevent them
from marrying their (former) husbands, if they mutually agree on
equitable terms.” (e) If the guardian refuses to conclude an efficient
marriage contract with no excuses, his guardianship will be cancelled,
and the judge has to conclude that agreeable marriage contract. Such
behaviour on the part of the guardian is wrong, and the judge’s task is
to prevent what is wrong. (f) It is essential for two witnesses to be
present when the contract is concluded. Prophet said: “No marriage
contract is valid without the consent of the woman’s guardian and the
attendance of two male witnesses.” (g) Proclamation of the marriage
ceremony and making it known among the people. Prophet Mohammad forbids
to conclude a marriage secretly, saying: “Let marriage be declared even
with a tambourine.” (h) Marriage is made lawful to be permanent in order
to achieve social goals, such as psychological peace, upbringing
children and mutual cooperation between consorts.
Likewise,
dowry is imposed upon the husband for his wife as an indispensable
obligation. It is forbidden to take any part of it without her own will.
Quran (Surah An-Nisaa: 4) says: “And give the women (on marriage) their
dower as an obligation; but if they, of their own good pleasure, remit
any part of it to you, take it and enjoy it with right good cheer.”
A learned scholar of Islam says: “The wisdom behind the dowry is
gaining the wife’s acceptance of her husband as a guardian, and it is an
honour to her as well.” Compare this with the present day situation
where the bridegrooms are being sold every day. The more he is earning
or better qualified, more is his price.