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.
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.
No comments:
Post a Comment