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Women In Islam
Copyright © 1996 by M. Rafiqul-Haqq and
P. Newton.
All rights reserved.
The Place of Women in Pure Islam
by M. Rafiqul-Haqq and P. Newton
Contents -
Men's Superiority
Women's Deficiencies
What is a Woman?
Husband's Rights
Woman's Rights
Man's Prerogatives
The Significance of the Marriage Contract
The Significance of the Dowry
Spiritual Standing of Women
Conclusion
The purpose of this booklet is to consider
the place of women in the pure teaching of
Islam. It must be recognised that not every
Muslim, nor every Muslim nation follows all
of these teachings. These teachings come
from both the Qur'an and the Hadith. The
Hadith is 'The Tradition of Mohammad',
that is, the stories of Mohammad's deeds
and sayings. This Hadith is of
"paramount importance side by side with
the Qur'an in the formation of the
religious life of a human being and for
the attainment of perfection. Indeed a
Qur'an minus Hadith remains
unintelligible in many cases in the work-
a-day life of a man."[1]
The commentator Jalal-ud-Din as-Suyouti
said that the Hadith "is the commentary on
the Qur'an and its explanation"[2] This is
why almost all commentaries rely in the
first place on the Hadith to explain the
Qur'an. The authentic Hadith is believed
to be
"nothing short of revelation, [for the
Qur'an says of Mohammad] "he does not
speak out of low desires. It is not but
inspiration which is inspired (Q. 53:3-4)."
The only difference between the
Qur'an and the Hadith is that whereas the
former was revealed directly through
Gabriel with the very letters that are
embodied from Allah, the latter was
revealed without letters and words."[3]
"Thus, next to the Holy Qur'an, the
Hadith is the second source of the
Islamic Law of social and personal
behaviour, because the commandments of
the Holy Prophet are as binding on the
believers as the commandments of Allah.
'Whenever Allah and the Apostle have
decided a matter, it is not for a
faithful man or woman to follow a course
of their own choice (Q. 33:36).'"[4]
The Hadith is to be followed exactly "for
that which differs from the Hadith to the
extent of a hair shall be given up."[5]
"A Muslim therefore stands in absolute
need of a copy of the Qur'an and a copy
of the Hadith for the guidance of his
life"[6]
MEN'S SUPERIORITY
The Qur'an expresses the equality of the
works of the sexes and the oneness of
origin of the sexes in the following
verses.
"And their Lord answereth them, 'I will
not suffer the work of him among you that
worketh, whether of male or female, to be
lost. The one of you is the issue of the
other." (Q. 3:195) Rodwell.
"Mankind fear your Lord, who created you
of a single soul, and from it created its
mate." (Q. 4:1) Arberry
So while the Qur'an holds the works of men
and women in equal regard and acknowledges
that they are completely interdependent as
to their very existence, they are not
regarded as having equal worth as people.
The men are a step above the women and
superior to them as is clear from the
following two verses.
"And it is for the women to act as they
(the husbands) act by them, in all
fairness; but the men are a step above
them."[7] (Q. 2:228) Rodwell
"Men have authority over women because
Allah has made the one superior to the
other."(Q. 4:34) Dawood.
The famous commentator Ibn Kathir commented
on (Q. 4:34) saying:
"Men are superior to women, and a man is
better than a woman."[8]
Other commentators such as Razi, Baidawi,
Zamakhshari, and Tabari are of the same
opinion.
Razi, commenting on Q. 4:11, said:
"(The males share is that of two
females). Man is more perfect than the
woman in creation, and intelligence, and
in the religious sphere, such as the
suitability to be a judge, and a leader
in worship. Also, the testimony of the
man is twice that of the woman. So
that whoever is given great
responsibilities must be given
correspondingly great privileges. As
the woman is deficient in intelligence
and of great lust, if she is given much
money, much corruption will be the
result. "[9]
He also added:
"The male is mentioned first in Q. 4:11
because the male is better than the
female."[10]
This superiority according to Razi is due
to mens natural superiority in "knowlege
and power, and because the man gives his
wife the dowry and spends on her."[11]
A modern writer said about the previous
verse:
"God established the superiority of men
over women by the above verse (the Qur'an
4:34) which prevents the equating of men
and women. For here man is above the
woman due to his intellectual superiority
and his ability to administer and spend
on the woman."[12]
WOMEN'S DEFICIENCIES
1. WOMEN ARE DEFICIENT IN INTELLIGENCE AND
RELIGION
The intellectual and religious deficiencies
of women are stated in the following
Hadith found in Sahih al-Bukhari which is
considered by Muslim scholars to be "The
most authentic book after the Book of Allah
(ie. the Qur'an)":[13]
"Allah's Apostle once said to a group of
women : 'I have not seen any one more
deficient in intelligence and religion
than you. A cautious, sensible man could
be led astray by some of you.' The women
asked: 'O Allah's Apostle, what is deficient
in our intelligence and religion?'
He said: 'Is not the evidence of two
women equal to the witness of one man?'
They replied in the affirmative. He said:
'This is the deficiency of your
intelligence' ... 'Isn't it true that a
woman can neither pray nor fast during
her menses?' The women replied in the
affirmative. He said: 'This is the
deficiency in your religion.'"[14]
The authenticity of the above Hadith is
undisputed. It is reported by the two most
reliable collections of Hadith; Bukhari and
Muslim. The agreement of Bukhari and Muslim
on its authenticity makes it (mutafaqun
'alayhi) 'agreed upon', which is the
highest degree of authenticity.
The above Hadith has been accepted and used
by eminent scholars, such as Ghazali, Ibn
al-'Arabi, Razi, Suyouti, Qortobi, Nawawi,
and Ibn Kathir, in their writings.
The above Hadith does not describe women
only in early Islam, but it is a
description for all times, so long as
'women can neither pray nor fast during
their menses' and so long as 'the evidence
of two women is equal to the witness of one
man.' This reasoning is not a temporary
one, but is rooted in and derived from the
Qur'an for all time until the day of
resurrection.
Commenting on the Qur'anic verse Q. 30:21
which states "And of His signs is that He
created for you, of yourselves, spouses,
that you may repose in them" Razi said:
"His saying 'created for you' is a proof
that women were created like animals and
plants and other useful things, just as
the Most High has said 'He created for
you what is on earth' and that
necessitates the woman not to be created
for worship and carrying the Divine
commands. We say creating the women is
one of the graces bestowed upon us and
charging them with Divine commands to
complete the graces bestowed upon us, not
that they are charged as we men are
charged. For women are not charged with
many commands as we are charged, because
the woman is weak, silly, in one sense
she is like a child, and no commands are
laid upon a child, but for the grace of
Allah upon us to be complete, women had
to be charged so that they may fear the
torment of punishment and so follow her
husband, and keep away from what is
forbidden, otherwise corruption would be
rampant."[15]
Another eminent Muslim thinker, Hadi Sabzevari, in his
commentary on Sadr al-Mote'alihin wrote:
That Sadr ad-Deen Shirazi classifies women as animals
is a delicate allusion to the fact that women, due to the
deficiency in their intelligence and understanding of
intricacies, and due to their fondness of the adornments
of the world, are truly and justly among the mute animals
[al-haywanti al-sa^mita]. They have the nature of beasts
[ad-dawwa^b], but they have been given the disguise of
human beings so that men would not be loath to talk to
them and be compelled to have sexual intercourse with
them. That is why our immaculate Law [shar'ina al-mutahhar]
takes men's side and gives them superiority in most matters,
including divorce, "nushuz," etc.
(Quoted in Soroush, Abdolkarim, _Farbehtar az ideoloji_, Sera^t, Tehran, 1373
A.H.S.). [A.H.S. = After the Hegira, in Solar years].
The above is consistent with the authentic
Hadith that says women are deficient in
intelligence and religion. This belief has
been accepted by Muslim scholars and
writers for the past thirteen hundred
years.
One modern writer said: "The woman's
share of intellect does not reach man's
level."[16]
He then went on to say that "al-'Aqad, one
of the most eminent Arabic writers, in his
book al-Mar'ah wal-Qur'an,
"has a valuable chapter in which 'Aqad
demolished the intellectual equality of
women and men."[17]
As a matter of fact the expression
"naqisatan 'aqlan wa dinan" (deficient in
intelligence and religion) is one of the
bywords and axioms of life on the lips of
the masses in Arabic countries.
2. WOMEN ARE DEFICIENT IN GRATITUDE
Women are not only deficient in
intelligence, but they also lack gratitude.
Women's lack of gratitude is expressed in
another Hadith from Bukhari:
"Women are ungrateful to their husbands
and are ungrateful for the favours and
the good (charitable) deeds done to them.
If you have always been good (benevolent)
to one of them and then she sees
something in you (not of her liking), she
will say, 'I have never received any good
from you."[18]
So according to this Hadith, women are not
only intellectually and spiritually
deficient but also deficient in gratitude.
3. WOMEN ARE DEFICIENT AS WITNESSES
The testimony of the woman is not equal to
that of the man. Her testimony is half the
testimony of the man with regard to
financial matters. The Qur'an states,
"And call in to witness two witnesses,
men; or if the two be not men, then one
man and two women, such witness as you
approve of, that if one woman errs the
other will remind her."[19]
An educated Muslim woman in trying to
explain why the testimony of the woman is
half that of the man said,
'Woman was made to bear and feed
children. Therefore she is very
emotional. And she is forgetful, because
if she did not forget how it is to give
birth she would not have another child.
That is why she will not be as reliable a
witness as a man."[20]
Therefore in Islam, the woman is perceived
as being deficient in three important
areas: to others due to her denial of man's
kindness; to herself, due to her
inadequate intelligence; and in relation to
God, due to her inadequacy in religion.
WHAT IS A WOMAN ?
THE WOMAN IS A TOY
The previously mentioned deficiencies show
the woman's inadequacy as a companion for
man. Her deficiency in intelligence and
religion prevent her from exchanging
secular or sacred ideas or participating in
religious or related spheres. To what level
do these deficiencies reduce the woman?
"'Omar [one of the Khalifs] was once
talking when his wife interjected, so he
said to her: 'You are a toy, if you are
needed we will call you.'"[21]
And 'Amru Bin al-'Aas, also a Khalif,
said: "Women are toys, so choose."[22]
This was not just 'Amru Bin al-'Aas and
'Omar's opinions. Mohammad himself said:
'The woman is a toy, whoever takes her
let him care for her (or do not lose
her)."[23]
The belief that a woman is a toy is of
vital importance for the spiritual well
being of a man. For according to the great
philosopher Ghazali
"In the company of women, looking at
them, and playing with them, the soul is
refreshed, the heart is rested, and the
man is strengthened to the worship of
God...this is why God said: 'That he
might rest in her.' (Q. 7:189)"[24]
THE WOMAN IS 'AWRAH
Apart from the deficiencies of the woman,
she is also has ten 'awrat. The
Encyclopedia of Islam defines 'awrah as
pudendum, that is "the external genitals,
especially of the female. [Latin pudendum
(literally) a thing to be ashamed of]"[25]
"Ali reported the Prophet saying: 'Women
have ten ('awrat). When she gets married,
the husband covers one, and when she dies
the grave covers the ten."[26]
And according to the following Hadith,
women not only have ten 'awrat, but the
woman herself is perceived as 'awrah :
"The woman is 'awrah. When she goes
outside (the house), the devil welcomes
her."[27]
(This Hadith is classed as 'Sahih' that is
sound or faultless.) So going outside the
house is a form of exposure of the 'awrah;
a thing that delights the devil.
This is why women are discouraged from
going outside the house, even to pray in
the mosque, as the following Hadith
indicates.
"A woman is closest to God's face, if she
is found in the core of her house. And
the prayer of the woman in the house is
better than her prayer in the mosque."[28]
(This Hadith is classed as 'Hassan', that
is approved.)
Dr. Buti a modern scholar said, "Muslim
teachers unanimously agreed in every
generation that the woman should cover all
her body except her hands and face, that is
without any make up, from strangers."[29]
While the followers of Hanbal and some
followers of Shafi'i consider even the hand
and the face to be 'awrah, and therefore
should be covered.[30]
"And those who allow the woman to show
her hand and face -the Malikiyah and
Hanafiyah- do so with the provision that
make up will not be used, but if the
woman's face is naturally beautiful, then
she must cover her face for fear of being
a temptation to men."[31]
Dr. Buti gives the reason behind the
wearing of the Hijab.
"Allah, the most high, decreed that the
woman should be veiled. He did so in
protecting the chastity of the men who
might see her, and not in protection of
the chastity of the woman from the eyes
of those who look at her."[32]
THE WOMAN IS LIKE A RIB
The character of women is likened to a rib,
crooked.
Bukhari reported the following Hadith:
"The woman is like a rib; if you try to
straighten her, she will break. So if
you want to get benefit from her, do so
while she still has some crookedness."[33]
This Hadith is classed as agreed upon.
Another Hadith attributes this crookedness
to the act of creation because the woman
was created from man's rib.[34] This
crookedness then is inherent and incurable,
the man has to live with it and make the
most out of it. This belief is accepted not
only by the masses but by celebrated
scholars such as Imam Shafi'i who said :
'three [persons] if you esteem them they
will dishonour you and if you dishonour
them they will esteem you : the woman,
the servant and the Nabatea.'[35]
and Ghazali who said:
"If you relax the woman's bridle a tiny
bit, she will take you and bolt wildly.
And if you lower her cheek-piece a hand
span, she will pull you an arm's length
... Their deception is awesome and their
wickedness is contagious; bad character
and feeble mind are their predominant
traits ... Mohammad said[36] : 'The
likeness of a virtuous woman amongst
women is like a red beaked crow among a
hundred crows."[37]
Thus it is believed that virtuous women are
rare and their crookedness is as natural
as the crooked rib.
In spite of all these deficiencies Ghazali found some redeeming
features in women: "[A man's wife] fears him, while he fears
her not, a kind word from him satisfies her, where nothing
of hers has importance in his eyes, it is she who must tolerate the
presence of concubines, and it is she who worries when he is ill
whereas even her death would leave him indifferent."[37a]
HUSBAND'S RIGHTS
1. HUSBAND'S DESIRES MUST BE MET AT ONCE
Man's sexual needs are considered so urgent
that it is better for food to burn in the
oven than a man to burn in waiting for his
wife to satisfy his desire. If she refuses,
the angels of heaven will turn against her.
"The prophet of Allah said: When a man
calls his wife to satisfy his desire, let
her come to him though she is occupied at
the oven."[38]
(The above Hadith is agreed upon, that is,
no scholar doubts its authenticity.)
"The messenger of Allah said: Whenever a
man calls his wife to his bed and she
refuses, and then he passes the night in
an angry mood, the angels curse her till
she gets up at dawn."[39]
The understanding that man's sexual needs
are more important than the woman's was not
only believed by the early Muslims, but is
also believed by modern-day Muslims. A
contemporary scholar wrote:
"Allah the most high has fashioned the
woman's psychological and physiological
make up in such a way that man's
pleasures are satisfied in her more than
her pleasures satisfied in him. Not only
that but she also finds her happiness in
feeling so."[40]
Another contemporary scholar wrote:
"Sexual intercourse is an action, and the
woman does not act."[41]
The famous commentator Qortobi said:
"The woman was created so that man can
rest in her ... for by her he gets rid of
his sexual storm. The female sexual organ
was created for men. For when Allah the
most high said '(You) leave what your
Lord has created for you of your wives?'[42]
Allah made it known that that place of
the woman was created from man for man's
sake. So the woman must yield it whenever
the husband calls her. If she refuses
then she is an oppressor and in a grave
position. Sufficient proof of this was
reported from Sahih Muslim in the Hadith
that says 'When a man calls his wife to
his bed, and she refuses, the One Who is
in the heaven will be angry with her
until he [her husband] is pleased with
her"[43]
2. OBEDIENCE TO THE HUSBAND IS THE KEY TO
PARADISE
All the woman's piety is considered useless
if she disobeys her husband. Her
disobedience to her husband represents an
unlawful and irrational act. But obedience
to her husband is the key to Paradise as
is clear from the following Hadith:
"There are three (persons) whose prayer
will not be accepted, nor their virtues
be taken above: The runaway slave until
he returns back to his master, the woman
with whom her husband is dissatisfied,
and the drunk until he becomes sober."[44]
"Whosoever female dies while her husband
is pleased with her, will enter
Paradise."[45]
"The prophet once said to a woman: 'Watch
how you treat your husband for he is
your Paradise and your Hell."[46]
3. HUSBAND'S RIGHTS ARE DIVINE
The obedience of the woman to her husband
is an important prerequisite that shows her
piety and guarantees her eternal destiny.
He is her Paradise or her hell. Man is thus
so elevated that by comparison with the
woman, he is placed on a divine level. Her
response to him approaches worship. That
however, is impossible, as worship belongs
to God alone.
Mohammad said:
"Had I ordered anybody to prostrate
before any one, I would have ordered
women to prostrate before their husbands
on account of men's rights over the women
ordained by Allah."[47]
4. HUSBAND'S RIGHTS ARE GREATER THAN THE
SACRIFICE OF WOMAN'S BREASTS
Man's status is so much higher than woman's
that no sacrifice on the woman's part will
ever gain her her full right in relation to
a man. Even in our own time (1985) a Muslim
writer, Ahmad Zaky Tuffaha, seriously and
reverently quotes the following Hadith :
"If a woman offered one of her breasts to
be cooked and the other to be roasted,
she still will fall short of fulfilling
her obligations to her husband. And
besides that if she disobeys her husband
even for a twinkling of an eye, she would
be thrown in the lowest part of Hell,
except she repents and turns back."[48]
Although this Hadith is not mentioned in
Bukhari, it is consistent with the other
Ahadith quoted by Bukhari.
It is a noble sacrifice for a man to share
his life with the woman as described in
Bukhari's sound Ahadith; she being
deficient in mind, religion, and
gratitude. It is condescension on the part
of the man to spend his life with her. She
can not repay this favour, no matter what
sacrifice she makes.
Indeed, the rights of the husband are so
vast that
"If blood, suppuration, and pus, were to
pour from the husband's nose and the
wife licked it with her tongue, she would
still never be able to fulfil his rights
over her."[49]
This Hadith is repeated, also with great
reverence, five times by commentator Imam
Suyuti who is regarded as one of the
greatest of all Muslim scholars.
WOMAN'S RIGHTS
While the Hadith enumerates the husband's
rights, the woman's rights are simple, as
the following Hadith shows:
"'O Messenger of Allah ! What right has
the wife of one among us got over him?'
He said: 'It is that you shall give her
food when you have taken your food, that
you shall clothe her when you have
clothed yourself, that you shall not slap
her on the face, nor revile her, nor
desert her except within the house.'"[50]
MAN'S PREROGATIVES
1. MAN MAY BEAT AND SEXUALLY DESERT HIS
WIFE
The Qur'an describes the natural
relationship between the husband and the
wife as one of love and mercy: "He has set
between you love (mawaddah) and mercy."
Q. 30:21.
A contemporary scholar, Sayyed Qotb sees
that the love and the mercy spoken of in
this verse as the natural feelings the man
has for the opposite sex that was planted
by the creator. Earlier scholars saw that
"love" between the husband and the wife in
the above verse refers to the sexual act,
while "mercy" refers to the offspring of the
man and his wife.[51] The important thing
to note is that this love and mercy is not
found in the man apart from the woman, but
it is a mutual thing found in both.
And the Qur'an commands men to "Consort
with them (women) in kindness (ma'ruf)."
Q. 4:19
According to the Dictionary of Qur'anic
terms and concepts the word "ma'ruf" means
"customary law; enjoining good and
forbidding evil."[52]
Elsewhere the word is translated many times
as equitable as in Yusuf Ali's English
translation of the Qur'an.[53] In other words
when women behave properly they are to be
treated kindly, the treatment must be
equitable according to the customary laws.
There is also a Hadith that describes the
good husband;
"The best of you are those who are the best
to their wives."[54] (that Hadith is mentioned
only by Tirmizi). But how far this goodness
will go in difficult times, when the wife
does not behave properly?
The man according to the Qur'an has the
responsibility to admonish his wife, and
the right to desert her sexually, and to
beat her to correct any rebelliousness in
her behaviour.
The Qur'an states:
"Righteous women are therefore obedient,
... And those you fear may be rebellious
(nushuz) admonish; banish them to their
couches, and beat them."[55]
Some translators add the word lightly
after 'beat them'[56] in Q. 4:34. Others like
Mohammed Pickthall and Rodwell translate
the word 'edrebouhon - beat them' as
'scourge them'.
The occasion in which Q. 4:34 was revealed
sheds more light on the meaning of that
verse. Most commentators mention that
"the above verse was revealed in
connection with a woman who complained to
Mohammad that her husband slapped her on
the face (which was still marked by the
slap). At first the Prophet said to her:
'Get even with him', but then added:
'Wait until I think about it.' Later on
the above verse was revealed, after which
the Prophet said: 'We wanted one thing
but Allah wanted another, and what Allah
wanted is best.'"[57]
The beating in the previous incident can
hardly be described as light, unless that
is what is meant by light beating. This
beating comes as the last corrective
measure when sexual desertion fails. Light
beating after sexual desertion is an
anticlimax that serves no purpose. But firm
beating is the logical progression from
admonishing, then sexually deserting,
finally beating her. This beating must be
stronger than sexual desertion to have any
effect.
This beating however is not like the
whipping of a slave,[58] but "a beating
without causing injury"[59] (agreed upon).
So the man has the right to beat his
rebellious wife as long as that beating is
not like the whipping of the slave and will
not result in injury.
The translator of Mishkat Al-Masabih wrote
in a footnote of Fatwa by Qazi Khan that
said beating the wife mildly is
"allowed in four cases (1) When she does
not wear fineries though wanted by the
husband, (2) When she is called for
sexual intercourse and she refuses
without any lawful excuse, (3) When she
is ordered to take a bath [to clean
herself] from impurities for prayer and
she refuses and (4) When she goes abroad
without permission of her husband."[60]
In another footnote the translator of
Mishkat Al-Masabih said,
"No wife shall refuse her husband what he
wants from her except on religious
grounds ie. at the time of menstrual flow
or fasting. Some theologians regard this
refusal as unlawful as the husband may
get enjoyment from his wife in other
ways, by embracing, kissing etc. The duty
of the wife is to give him comforts in
his bed whenever he wants her."[61]
(emphasis added)
This beating is the husband's
unquestionable right.
Ibn Kathir in his commentary mentioned a
Hadith on the authority of zal Ash'ath Ibn
al-Qays who was visiting 'Omar and at that
time. 'Omar took his wife and beat her,
then said to Ash'ath:
'Memorise three things from me, which I
memorised from the prophet who said:
"The man is not to be asked why he beat
his wife ..."'[62]
Man's right to 'beat his wife' does not
belong to the distant past. The Guardian
Weekly reported,
"In 1987 an Egyptian court, following an
interpretation of the Koran proposed by
the Syndicate of Arab Lawyers, ruled that
a husband had the duty to educate his
wife and therefore the right to punish
her as he wished."[63]
Sayyed Qotb a modern scholar and
commentator tries to justify the provision
for a man to beat his wife, found in the
above Qur'anic verse:
"The facts of life, and the psychological
observations of certain forms
of deviations indicate that this approach
(beating the wife) is the most
appropriate one to satisfy a particular
form of deviation, reforming the
behaviour of the person ... and gratifying
her ... at the same time!
Even without the existence of this form
of psychological deviation, perhaps
some women will not recognise the power
of the man whom they love to have as
their guardian and husband, except when
the man conquers them physically! This is
not the nature of every woman. But this
kind does exist. And it is this kind that
needs this last treatment to be set
straight, and remain within the serious
organisation [marriage] in peace and
tranquillity."[64]
Some intellectuals, referring to the above
quotation, said:
"Women's rebelliousness (nushuz) is a
medical condition. It is of two kinds:
The first is the condition when the woman
delights to be the submissive partner who
finds pleasure in being beaten and
tortured. This is what is called
Masochism. The second is when the woman
loves to hurt and master and dominate the
other partner. This is what is called
Sadism. Such woman has no remedy except
removing her spikes and destroying her
weapon by which she dominates. This
weapon of the woman is her femininity.
But the other woman who delights in
submission and being beaten, then beating
is her remedy. So the Qur'anic command:
'banish them to their couches, and beat
them' agrees with the latest
psychological findings in understanding
the rebellious woman. This is one of the
scientific miracles of the Qur'an because
it sums up volumes of the science of
psychology about rebellious women."[65]
The above two quotations state that the
Qur'anic injunction to beat the perverted
masochist woman will cure her from her
disorder. But will it rather increase her
perversion by giving her the pleasure she
sought? Will giving alcohol to the
alcoholic be his remedy too? And why beat
the sadist wife? Why not let her have her
own way too, like the masochistic one? Why
not let her beat and torture others?
Even if this treatment is of benefit to the
minority of women who are perverted, does
this justify the command to beat the wife
who rebels for any and every reason?
Whether or not the beating of wives is
justified, this is the man's right, and his
alone.
The man who fears rebelliousness in his
wife must admonish her first. If that does
not work, the husband has the right to
desert her sexually. If that does not work
either, he has the right to beat her.
Sayyed Qotb explains the dynamics of
deserting the wife sexually if admonishing
her does not work:
"Here comes the second phase ... the man
has to make a superior psychological move
against all her attraction and beauty, by
banishing her to her couch, for the couch
(the bed) is the place of temptation and
enticement, where the rebellious woman
reaches the summit of her power. If the
man can conquer his disposition against
her temptation, then he has disarmed her
from her sharpest and most treasured
weapon."[66]
Another scholar reiterating the above said:
"This sexual desertion is a remedy that
curbs the rebelliousness of the woman,
and humiliates her pride, in that which
she treasures most, her femininity ...
thus inflicting the most humiliating
defeat on the woman. "[67]
The man then has the right to desert his
wife sexually and beat her, if he fears
rebelliousness in her.
The woman, however, can not resort to such
measures, if she fears rebelliousness in
her husband, as is clear from the following
verse:
"If a woman fears rebelliousness or
aversion in her husband, there is no
fault in them if the couple set things
right between them; right settlement is
better."[68]
It is clear from Q. 4:128 & Q. 4:34 that the
Qur'an commands diplomacy when a woman
fears rebelliousness in her husband. But
when the man fears rebelliousness in his
wife, the Qur'an commands the use of force
and sexual desertion.
Bukhari gives an example of the wife's
options if she fears cruelty or desertion
on her husband's part in the following
Hadith:
"... narrated 'Aisha (regarding the
verse:-
'If a wife fears cruelty or desertion on
her husband's part...) It concerns the
woman whose husband does not want to keep
her with him any longer, but wants to
divorce her and marry some other lady, so
she says to him: 'Keep me and do not
divorce me, and then marry another woman,
and you may neither spend on me, nor
sleep with me.' This is indicated by the
statement of Allah:- 'There is no blame
on them if they arrange an amicable set
tlement between them both, and such
settlement is better.'"[69] (emphasis added)
So according to Bukhari's sound Hadith, the
recommended amicable settlement for the
woman who fears cruelty or desertion on her
husband's part, is to submit to her
husband's will to marry another woman, and
to forego her financial and sexual rights.
Beating the rebellious wife is the last
resort before divorcing her. She must be
admonished first. If that does not work,
the husband has the right to desert her
sexually. The Qur'anic injunction to
consort with women kindly is not
inconsistent with beating the rebellious
wife and sexually deserting her, this
beating is included and part of the scope
of the kind treatment. The prophet himself,
who was the kindest of all Muslims to his
wives, deserted them all sexually for one
month.[70] Imam Ghazali puts it this way:
"There is wickedness and weakness in women.
Diplomacy and harshness is the remedy of
wickedness, kindness and gentleness is the
remedy of weakness."[71]
In contrast to the way a husband can treat his wife, in Islam
children are required to treat their mothers with utmost
respect according to the following two Hadiths:
Abu Hurairah reported that a man came to the Messenger of
Allah (peace be upon him) and asked: "O Messenger of Allah,
who is the person who has the greatest right on me with
regards to kindness and attention?" He replied, "Your mother."
"Then who?" He replied, "Your mother." "Then who?" He replied,
"Your mother." "Then who?" He replied, "Your father."
And
"Paradise is under the feet of mothers."
Dr. Suhaib Hasan comments on the latter:
The [above] hadith with this wording is da'if, but its meaning
is contained in the hadith of Ibn Majah and al-Nasa'i that a man
came to the Prophet (may Allah bless him and grant him peace)
and said, "O Messenger of Allah! I intend to go on a (military)
expedition, but I have come to ask your advice." He said, "Is
your mother alive?" He said, "Yes." He said, "Then stay with
her, for the Garden is under her feet."[71a]
It is a fact that some mothers deserve the lowest place in hell.
It is logical then that Paradise is not under the feet of every
mother. The statement "the Garden is under her feet" was said
in regard to a particular woman, who probably was known to
Mohammad for her uprightness.
Furthermore, the fact that Muhammad did not command every one of
his fighting men to stay at home if their mothers were still alive
makes it clear that this was not a general principle but refered
to a specific woman who possibly was old and in need of the care
of her (only?) son.
Even if that Hadith is sahih, it must be noted that both hadiths
do focus on mothers in particular, not women in general. Both
Hadiths exclude wives who have no children and of course single
women.
It must be noted also that both Hadith regulate the specific
relationship between children and mothers, not the relationship
between husband and wife. So while a son is required to give
his mother the utmost respect, the husband of this mother
still has the right to desert her, and beat her if he "fears
rebelliousness" on her part.
Some other Hadiths that are often quoted in order to counterbalance
the many Hadiths that enumerate men's rights are the following:
The best of you is he who is best to his wife.[71b]
The best of you are those who are best to their ahl,
meaning spouses and children. And I am the best of you to my family.[71c]
These Hadiths must be viewed in the light of the facts of history.
It is a fact that "Mohammad deserted his wives for a whole month."[71d]
At one occasion he also called both Aisha and Hafsa "the Companions
of Joseph" which is a very derogatory term.[71e] He also intended to
divorce Sawda for no reason except that she became old (Ibn Kathir
commenting on Q. 4:128). Mohammad's superiority as a husband did
not prevent him from exercising his rights as a Muslim man.
2. MEN MAY MARRY UP TO FOUR FREE WOMEN AND
HAVE SEX WITH AN UNLIMITED NUMBER OF SLAVE
GIRLS
A provision is made for men to marry more
than one woman as follows:
"If you fear you can not treat orphans
(girls) with fairness, then you may marry
other women who seem good to you: two,
three or four of them. But if you fear
that you can not maintain equality among
them, marry only one or any slave girls
you may own. This will make it easier for
you to avoid injustice."[72]
Some however have argued that since
maintaining equality is impossible, then
marrying more than one wife is not
permissible using the following verse:
"Try as you may, you cannot treat all
your wives impartially. Do not set
yourself altogether against any of them."[73]
But the majority of the commentators agreed
that
The equality in Q. 4:3 is concerned with
apportioning time and money, while the
equality mentioned in Q. 4:129 is
concerned with the affection and love of
the man towards his wives.[74]
They further argued that Mohammad himself
was not impartial in his affections towards
his wives, for he loved 'A'isha more than
any of his wives.[75] So as long as the
husband can be fair in apportioning his
time and money he can marry up to four.
Others believe the number is limited to
nine wives, as two and three and four make
nine, and Mohammad himself when he passed
away had nine wives, and to follow his
tradition is the commended way of living.[76]
Others believe that the above verse is the
proof for an unlimited number of wives,
because the verse does not say two or three
or four but literally says two and three
and four, meaning two and three and four
etc.[77] The majority believe the number of
wives the man may marry to be limited to
four, because of the reported Hadith about
a man who had ten wives. When he became a
Muslim, Mohammad said to him : 'Keep four,
and leave the rest.'[78]
The reason for marrying more than one woman
is given by Ghazali the great Muslim
scholar:
"Some men have such a compelling sexual
desire that one woman is not sufficient
to protect them [from adultery]. Such men
therefore preferably marry more than one
woman and may have up to four wives."[79]
Besides the above provision men have the
right to have sex with their slave girls.
"For if a man purchases a slave girl,
the purchase contract includes his
right to have sex with her."[80] "This
contract is primarily to own her and
secondarily to enjoy her sexually."[81]
And the reason for having sex with the
slave girls beside one's wives is also
given by Ghazali:
"Since among Arabs passion is an
overpowering aspect of their nature, the
need of their pious men to have sex has
been found to be the more intense. And
for the purpose of emptying the heart to
the worship of God they have been allowed
to have sex with women slaves if at some
time they should fear that this passion
will lead them to commit adultery. Though
it is true that such action could lead
to the birth of a child that will be a
slave, which is a form of
destruction,...yet enslaving a child is a
lighter offence than the destruction of
religious belief. For enslaving the new
born is a temporary thing but by
committing adultery eternity is lost."[82]
Ghazali gives us an example of this
overpowering sexual desire.
"The son of 'Omar who was an ascetic, and
a scholar, used to break his fast by
having sex before having food. And he
might have had sex with three of his
slave girls before the last meal."[83]
And Bukhari reported,
"The Prophet used to pass (have sexual
relation with) all his wives in one
night, and at that time he had nine
wives."[84]
For
"He once said of himself that he had been
given the power of forty men in sex."[85]
And
"Ali who was the most ascetic of all the
companions had four wives, and seventeen
slave girls as concubines."[86]
While
"some of the other companions had three
and four wives and those who had two
wives were countless in number."[87]
Concerning the provision for having sex
with slave girls, found in the last part
of the above Qur'anic verse, Razi said:
"God made the provision of having sex
with many slave girls as easy as
marrying one free woman. Besides, the
responsibilities and provisions of the
slave girls are lighter than those of the
dowers, no matter (never mind) if you
have a few of them or many, no matter if
you were fair in apportioning your nights
amongst them or not, no matter whether
you completed the sexual act or not."[88]
The commentator Qortobi sees in that verse
(Q. 4:3) that slave girls used as such by
the free Muslim man
"have neither sexual rights, nor
financial rights. For God made the 'one
free woman' and the 'slave girls you may
own' of the same category. The man
however owes the slave girls the
appropriate rights of ownership, and the
kindness that befits slaves."[89]
So because "the need of the pious men to
have sex was found to be the more intense,
and for the purpose of emptying the heart
for the worship of God" they have been
allowed to marry up to four women and have
sex with an unlimited number of slave girls
even if this provision may lead to "the
birth of a child that will be a slave,
which is a form of destruction."
3. MAN'S RIGHT TO DIVORCE HIS WIFE
Divorce is recognised by most societies as
a horrible thing. It is viewed as such in
Islam except that it is viewed as a lawful
course of action. The Hadith states,
"The most detestable of lawful things
near Allah is divorce."[90]
The power to divorce usually resides in the
hand of the man. Bukhari reported a Hadith
that shows how easy the detestable and
lawful act can be.
A "man may say to his brother (in Islam),
'Have a look at either of my wives (and
if you wish), I will divorce her for
you.'"[91]
It can even happen against the will, and
the love of the husband and the wife
concerned.
"The son of 'Omar reported: I had a wife
under me whom I loved but whom 'Omar
disliked. He told me: 'Divorce her'. But
I refused. Then 'Omar came to the
Messenger of Allah and notified it to
him. The messenger of Allah told me:
'Divorce her'."[92] (Quoted by Tirmizi and
Abu Daud)
4. MAN'S PRIVILEGES IN THE CUSTODY OF
CHILDREN
Man is the privileged party in cases of
custody of the children. Gaziri a modern
scholar in Islamic Law wrote:
The Hanafites, who form the largest
Muslim group, said "The conditions of the
custody of the children is as follows.
First the wife should not reject Islam.
If she rejects Islam, she has no right to
the custody of the children. Second, she
must be of good character for if it was
proven that she is corrupted by illicit
sex, or theft, or has a low trade such as
a professional mourner, or a dancer, she
loses her right to custody. Third, she is
not allowed to marry anyone except the
father of the child. If she remarries,
she has no right to custody, unless her
new husband is related to the child as a
paternal uncle. But if she marries a
foreigner she has no right to custody.
Fourthly, she must not leave the child
without supervision. Especially if the
child is a female, because females need
protection. So if the mother had to go
outside for a long period and so neglect
her child, she has no right to the
custody of the child. Fifthly, if the
father is poor, and the mother refused
the custody of the child except for
payment, and his aunty said 'I will look
after him for free', then the aunt will
have the right to the custody of the
child. To follow the religion of Islam is
not a condition to the right to custody,
for if the husband is married to one of
the people of the Book, she has the right
to custody as long as he is safe from
apostasy, or corruption. But if that is
not so, such as he saw her taking the
child to a church, or feeding him pigs
meat, or giving him wine, then the father
has the right to take the child from her,
and sanity is a pre-requisite that is
agreed upon by all."[93]
As to the period of custody, Gazirir added
"the Hanafites said, the mother has the
rights to the custody of the boy until he
is seven years old. Others said "Until he
is nine". But the first opinion is the
one that is legally accepted. For the
girl there are two opinions. The first
until she menstruates. The second until
she reaches the age of puberty which was
set to be nine years old. This is what is
accepted legally."[94]
The mother can have the child for the most
difficult years where she wakes up at night
to feed and change nappies and toilet train
etc. then the father can take over when the
child is capable of being a help instead of
needing help.
5. MEN IN PARADISE WILL ENJOY SEX WITH
PERPETUALLY EXQUISITE VIRGIN WOMEN.
Muslim men are entitled to several wives in
this life. In Paradise, they are further
rewarded with additional women - perfect in
beauty.
Mu'az reported from the messenger of Allah
who said:
"A woman does not give trouble to her
husband in this world but his wife of the
pure-eyed virgin ones [huris] does not
say to her: 'Do not give him trouble. May
Allah destroy you, He is only a passing
guest with you and it is very near that
he will soon leave you to come to us'."[95]
The editor of Mishkat wrote in a footnote
to that tradition:
"No woman should give trouble and anxiety
to her husband. She is to give him ease
and comfort in the household. If she acts
otherwise, she will not be able to be his
mate in Paradise. There the pure-eyed
virgin girls will be his consorts."
For the Qur'an promises godfearing men,
beautiful women in Paradise. The following
are their descriptions:
"Lo! those [men] who kept their duty will
be in a place secure amid gardens and
water springs, attired in silk and silk
embroidery, facing one another. Even so
(it will be). And We shall wed them unto
[huris] fair ones with wide, lovely eyes."[96]
"Therein maidens restraining their
glances, untouched before them by any
man or jinn .....lovely as rubies,
beautiful as coral"[97]
"The fair, the beautiful ones [huris]...
With large dark eyeballs, kept close in
their pavilions"[98]
"Surely for the godfearing awaits a place
of security, gardens and vineyards, and
maidens of swelling breasts (Kawa'eb)[99],
like of age, and a cup overflowing."[100]
From this, it can be seen that the
godfearing shall be 'wedded' to women in
Paradise. Those women will not look at any
one else, except their husbands. They will
be restrained in their pavilions. Those
women in Paradise will be fair; not like
the dark skinned ones of Arabia. Their
beauty will be perfect. Their eyes are
wide and large, and their breasts are
"Kawa'eb" -"swelling and firm, not
sagging."[101]
The Hadith also tells us-
"In Paradise ... every person would have
two wives (so beautiful) that the marrow
of their shanks would glimmer beneath the
flesh and there would be none without a
wife in Paradise."[102]
Another Hadith makes the number of wives
seventy two. Seventy females are specially
created, and two are human females.[103]
His earthly wife may be included among his
"huris", but in Paradise there will be
additional women for him, even up to
seventy-two.
The above descriptions are literal, and
the relationship between men and their
"huris" are physical, and not only
spiritual as the following Hadith which is
chosen by the compiler of Mishkat al-
Masabih shows.
"The Holy Prophet said: 'The believer
will be given such and such strength in
Paradise for sexual intercourse. It was
questioned: O prophet of Allah! can he
do that? He said: "He will be given the
strength of one hundred persons.'"[104]
(This Hadith is Quoted from Tirmizi and
classed by Tirmizi as Sahih - sound and
faultless."[105]
Ibn Kathir in his commentary emphasises
the literal nature of sexual intercourse
in Paradise by another Hadith:
"The Prophet was asked : 'Do we have sex
in Paradise?' He answered: 'Yes, by him
who holds my soul in his hand, and it
will be done dahman, dahman (that is
intercourse done with such shove and
disturbance[106]). And when it is finished
she will return pure and virgin again.'"[107]
In Islam, the perpetual taking of the
virginity of women is traditionally
associated with Paradise. The famous
commentary Al-Jalalayn sees that the
rejoicing mentioned in the Qur'anic verse
"The inhabitants of Paradise today are
busy in their rejoicing (fakehoun)"[108]
"includes the taking of the virginity of
women in Paradise."[109]
The great scholar Ghazali quotes al-'Ouaza'i,
one of the early scholars who commented on
the above verse saying: "'Busy in their
rejoicing' means busy taking the virginity
of the virgins."[110]
And the great commentator Ibn 'Abbas said
of the above verse: (fakehoun) means
enjoying taking the virginity of the
virgins."[111]
Not only on earth, but also in Paradise,
the man has considerable sexual enjoyments.
He may marry several women on earth, and
even when his earthly life is over, he may
look forward to having beautiful women in
Paradise. He will be able to have up to
seventy-two "huris"; he will be given the
strength of one hundred men in sex; he will
be able to perform sex with great shoving
and disturbance, on the other hand, nothing
is promised to the woman. She has no
assurance of even one man.
Once again, the man has all the advantages
and pleasures, while the woman must be
perpetually used for his purposes. His is
the pleasure - hers the disturbance, in
this world and the next.
THE REASON WHY
Why do men in Islam have such privileges
over women? The following material, taken
mostly from a contemporary work on Islamic
Law by a modern scholar named Gaziri, may
explain the reason why.
THE SIGNIFICANCE OF THE MARRIAGE CONTRACT
"The marriage contract is designed by the
legislator so that the husband may
benefit from the sexual organ of the
woman and the rest of her body for the
purpose of pleasure. As such the husband
owns by the marriage contract, this
exclusive benefit."[112]
"The accepted understanding in the
different schools of jurisprudence, is
that what has been contracted in marriage
is for the benefit of the man from the
woman, not the opposite. The followers of
Imam Malik declared the marriage contract
is a contract of ownership of benefit of
the sexual organ of the woman and the
rest of her body.
The followers of Imam Shafi'i said, "The
most accepted view is that what is been
contracted upon is the woman, that is the
benefit derived from her sexual organ."
Others said, "What has been contracted is
both the man and the woman. So according
to the first opinion the wife can not
demand sex from her husband because it is
his right [not hers], and according to
the second opinion she can demand to have
sex with him."
The followers of Imam Abu Hanifa said,
"The right of the sexual pleasure
belongs to the man, not the woman, by
that it is meant that the man has the
right to force the woman to gratify
himself sexually. She on the other hand
does not have the right to force him to
have sex with her except once [in a
lifetime]. But he must, from a religious
point of view, have sex with her to
protect her from being morally corrupt."[113]
THE SIGNIFICANCE OF THE DOWRY
"The dowry (Mahr) is a technical term
denoting the money which must be given to
the woman in the marriage contract in
exchange for enjoying her."[114]
"The most worthy condition you fulfil is
one with which you were given the right
to enjoy the (woman's) private parts."[115]
The Encyclopaedia of Islam commented on the
above Hadith saying,
"According to a tradition in Bukhari the
mahr is an essential condition for the
legality of the marriage 'Every marriage
without mahr is null and void'."[116]
The giving of the dowry is fundamental to
the securing of man's sexual rights, so
"Who so gives two handfuls of flour or dates
as dowry of his wife has rendered [her]
(private parts) lawful."[117]
The Hadith recorded that a pair of shoes[118],
and an iron ring[119] were given as a dowry.
For "The best dowry is the easiest to
pay."[120]
The connection between the dowry and sexual
enjoyment can even be seen outside of
marriage:
"If a man has sex with a married woman,
by mistake, thinking her to be his wife,
he must give her a dowry equal to the
dowry given to a woman of her social
worth. This dowry becomes the property of
the wife and not her husband."[121]
This significance of the dowry as a
guarantee of the man's sexual enjoyment is
rooted in the Qur'an, as we shall see from
the following statements made by some of
the most eminent scholars:
"(Such wives as you enjoy thereby, give
them their wages apportionate. Q. 4:24) The
enjoyment [mentioned in this Qur'anic
verse] is the sexual pleasure. And the
wages is the dowry. And the dowry was
called a wage because it is a wage of
enjoyment...and that proves that the wage
is an exchange of the woman's sexual
organ (or the sexual intercourse), for
what is given in exchange for an
enjoyment is called a wage. The scholars
disagreed as to what is the thing that is
being contracted in the marriage
contract. Is it the body of the woman ,
or the enjoyment that comes from the use
of the woman's sexual organ? Or both?
What is obvious is 'both' because the
contract stipulates all of that."[122]
(Qurtubi)
This significance of the dowry is also
attested to by the Hadith:
"A man married a woman thinking her to be
a virgin. He discovering she was pregnant
from adultery went and reported it to the
Prophet. The Prophet judged that the
woman was entitled to the dowry. He
separated the two, commanded that the
woman be flogged, and said to the man,
'The baby will be your slave [In Islam
both recognition and adoption of
illegitimate children is impossible][123].
So the dowry is given in exchange for the
sexual intercourse."[124] (Ibn Kathir)
"The dowry is given in exchange for the
woman's sexual organs."[125] (Ibn Kathir)
"By analogy the dowry is to be given in
exchange for the use or the benefit of
the woman's sexual organ."[126] (Razi)
"(Such wives as you enjoy thereby, give
them their wages apportionate. Q. 4:24)
There are two interpretations concerning
that verse. The first, which is the
opinion of the majority of the scholars,
in His saying (Lawful for you ...is that
you may seek using your wealth in
wedlock). By this is meant seeking the
woman by wealth through marriage. The
other interpretation is that this verse
speaks of temporary marriage."[127] (Razi)
"Abu Bakr ar-Razi said: 'This verse
[Q. 4:24] is a proof that the freeing of
the slave girl cannot be her dowry'.
Because this verse proves that the
woman's sexual organ is something which
has a monetary value."[128]
"Malik said: The dowry shouldn't be less
than a quarter of a dinar, or three
dirhams. Some of our followers said in
justification of his finding:
This resembles most, the cutting of the
hand because the woman's sexual organ is
a member of the body and the hand is a
member whose amputation becomes lawful
for stealing a minimum amount of money.
And that is a quarter of a dinar, or
three dirhams. So Malik considered the
woman's sexual organ as being of the
same worth as the hand. Abu 'Omar said:
"Abu Hanifah had come to a similar
conclusion before him. For he compared
the dowry with the cutting of the hand.
In his system, the hand cannot be cut,
except in a dinar or twelve dirhams and
according to him there is no dowry below
that."[129] (Qurtubi)
"Allah's saying (you may seek using your
wealth in wedlock) This means: through
marriage or purchase. So Allah the Wise
made lawful the woman's sexual organ by
wealth. That necessitates the giving of
dowry in marriage.
The most high made unlawful the use of
the woman's sexual organ except by
paying something in return."[130] (Ibn al-
'Araby)
"give them their wages apportionate.
(Q. 4:24) This verse proves that the dowry
is called 'wages'. The evidence for that
is that the dowry is given in exchange
for the benefit of the sexual enjoyment.
For the benefit is the opposite to
what is called 'wages'."[131] (Ibn al-
'Araby)
"Our scholars have said: "Allah the most
exalted, He made the dowry to be a
substitute. He treated it like other
things that require a substitute.
Because of his saying: "(Such wives as
you enjoy thereby, give them their wages
apportionate. Q. 4:24) So He called it a
wage. He took it outside the law of
gifts to the law of replacements.
The argument that both partners enjoy
each other in marriage and that the
dowry is an additional payment for the
wife, is not so. But the husband is
obliged to pay the dowry, so that he may
own the right of rulership over the
woman, and stand as the "master to his
slave" in the relationship because of
what he gave as a substitute. So that
her benefit becomes his. So she cannot
fast except by his permission. She
cannot go to pilgrimage, except by his
permission. She does not leave the
house, except by his permission. And he
will have the right over her property
except up to a third will belong to her.
It goes without saying, that he will
have the right over her body. "[132] (Ibn
al-'Araby)
Ibn al-'Araby saw that the man's sexual
rights by virtue of the paying of the dowry
is grounded in the Qur'an. He even went as
far as saying that the payment of the dowry
provided a master-servant relationship
between the husband and the wife.
MAN HAS THE RIGHT TO PREVENT HIS WIFE FROM
CARING FOR HER CHILD FROM A PREVIOUS
MARRIAGE
The implications of the sexual rights
secured by the payment of this dowry extend
to affect children of a previous marriage:
"The husband has the right to prevent his
wife from looking after and breast
feeding her baby, from her previous
husband, (if she was living in the
husband's house), because that will make
her too busy to attend to the husband,
and it will affect her beauty and
cleanliness, all these are the rights of
the husband alone."[133] (Hanafites)
MAN HAS THE RIGHT TO REFUSE HIS WIFE'S
DAILY MAINTENANCE
In Islam "marriage does not produce any
community of property between husband and
wife."[134] Hence the wife must rely on the
support of her husband daily. However,
there are numerous grounds on which the
husband can refuse supporting his wife as
the following indicates:
The Hanafites said :
'The support of the woman (nafaqa) is
obligatory on the man in return for the
woman being locked up in the man's house,
and for being exclusively his.[135]
"The Hanafites said : 'There is no
support for the woman if she is -
(1) Rebellious (Nashiz) that is the woman
who goes outside the house of the husband
without his permission and without a
justifiable reason, or refuses
surrendering herself to him so she does
not enter his house. But if she refuses
to have sex with him (even though that is
unlawful) that refusal is not a reason
for stopping her support because the
qualifying reason for the support does
exist and that is her being locked up in
his house.
(2) The renegade woman.
(3) The woman who obeys the husband's son
or his father or kiss either with lust or
any thing that might put her relation
with her husband on a prohibited degree.
(4) The woman whose marriage contract is
imperfect, and the woman who had sex with
someone by mistake, the man thinking she
was his wife.
(5) The wife who is too young to have
sex. ["The Islamic law knows no minimum
age for a legal marriage.[136]]
(6) The wife who is imprisoned, even if
she is innocent, if he can not have
access to her (as a wife).
(7) The sick wife who, due to severe
illness, did not move after the ceremony
to the husband's house, because she did
not surrender herself to the husband.
(8) The wife who was raped by another
man.
(9) The wife who goes to perform
pilgrimage ... there is no support for
her because she is not locked up."[137]
The followers of Imam Shafi'i said: "The
conditions of the man's maintenance for
the woman are as follows:
First, she must avail herself to him by
offering herself to him, such as saying
to him 'I am surrendering myself to you'.
The important thing is that she must
notify him in advance that she is ready
for his meeting with her, and of his
entrance upon her as he wishes. If she
does not notify him that she is ready,
she has no right of maintenance, even if
she does not refuse his request to meet
with her. So maintenance is conditional
upon the woman's notification to her
husband that she is ready for his
meeting any time he wishes, and that she
must avail him of herself anytime he
wishes. So if she works during the day
time, and he cannot meet with her, her
maintenance would be denied.
Secondly, she must be capable of having
sexual intercourse. If she was a small
girl, that cannot cope with intercourse,
she is not entitled to the maintenance.
Thirdly, she must not be rebellious, that
is, disobeying her husband, which can
take the form of preventing him from
enjoying her by refusing his touch and
his kisses and refusing to have sex. If
she denies him any of the above, her
maintenance will be cancelled for that
day, because maintenance is due day by
day. ... and the rebelliousness of one
day cancels his provision for clothing
her for a whole season."[138]
The followers of Imam Malik said: "The
condition for the man's maintenance to
the woman is that she should avail
herself to the man for sexual
intercourse, so that if he requested it
from her she would not refuse. Otherwise
she would have no right to the
maintenance."[139]
"The followers of Imam Ibn Hanbal said, '
The wife's daily maintenance is due upon
the husband if the wife surrenders
herself to her husband completely ... for
the daily maintenance is given to the
woman in return for the husband's sexual
enjoyment, so when the wife surrenders
herself her daily maintenance is
obligatory as long as she had reached
nine years old ... so if she was well
physically and surrendered herself for
the enjoyment of the husband but without
sexual intercourse, she has no right for
the daily maintenance. So if the wife
refuses to surrender herself so that the
husband might have sex with her, her
daily maintenance is denied, so if she
then has a problem that prevents her from
having sex with her husband, but
surrenders herself to her husband after
that, her daily maintenance is not given
to her as long as she is sick, as a
punishment for her because she refused to
surrender to her husband when she was
well."[140]
The above rulings are sincerely believed to
be the will of Allah. Gaziri who summarised
the opinions of the different schools of
Islamic law, in the introduction of his
work, al-Fiqh, wrote:
"My intention was to produce for the
people a book explaining to them their
responsibilities & privileges within the
family. ...so that the muslim masses,
recognising their duties might perform
them with perfection to please the
Almighty God."[141]
SPIRITUAL STANDING OF WOMEN
The Hadith describes the good wife as
follows:
"The virtuous wife, if her husband bids
her, she obeys him; if he looks at her,
she pleases him; if he gives her an
oath; she fulfils it, and if he is
absent from her, she guards herself and
his property."[142] (Ibn Magah)
"The best women are those who have the
prettiest faces and the cheapest
dowry."[143]
"The good wife is out of this world
because she helps free you to
concentrate on the life to come. She
does that by doing her house duties
(instead of the husband having to do
them), and by satisfying the husband
sexually so protecting him from sexual
temptation."[144]
Although women protect man's eternal
destiny, by guarding them against
committing adultery, they themselves are
perceived as being very dangerous to men.
Ghazali reported the following Hadith:
"When a woman comes she comes in the form
of a devil."[145]
And it is believed that the majority of
them will end up in Hell.
"The Prophet said: 'I have not left any
calamity [fitnah] after me more
detrimental to men than women.'"[146]
(Bukhari, Agreed upon)
Dr. M. al-Buti addresses Muslim Girls
saying, "Know that this temptation which
afflicts the man is due to you."[147]
Commenting on the Qur'an 3:13 (Decked out
fair to men is the love of lusts- Women,
children, heaped up heaps of gold and
silver, horses of mark, cattle and
tillage.) Dr. Buti said:
"God regarded woman as the first ranking
lusts which He placed in the way of
mankind... The woman then is absolutely
the greatest affliction in a man's life."[148]
"The prophet of Allah said to Fatima, his
daughter, 'What is best for a woman?' She
replied, 'That she does not see a man and
not be seen by a man'. He being pleased
with her answer hugged her and said, 'An
offspring resembling its origin.'
The companions used to block the windows
and the holes in the walls of their
houses, so that the women do not look to
men. ... 'Omar said, 'Do not dress the
women (nicely) and they will remain
inside the house' for they will not go
outside in tattered clothes. He also
said, 'Get your women used to the word
'No'."[149]
Bukhari recorded the following Hadith:
'O women! Give alms, as I have seen that
the majority of the dwellers of Hell-fire
were you (women)."[150]
And Muslim recorded:
"Amongst the inmates of Paradise the
women would form the minority."[151]
Dr. Mohammad al-Buti, a modern writer sees
that the reason the majority of women will
end up in Hell is because they fail in
their most important task thus causing men
to stumble.[152]
Thus women represent the greatest stumbling
block to men's worship and their eternal
destiny as the following Hadith state:
"Had it not been for women, God would have
truly, truly been worshipped."[153]
"There is no calamity I fear on my nation
more than women and wine."[154]
"Men perished, the day they obeyed the
women."[155]
CONCLUSION
It is no surprise that some thinking women
from Islamic background rebel against such
teachings. One such woman Dr. Sa'dawi
wrote:
"The institution of marriage remained
very different for men to what it was for
women, and the rights accorded to
husbands were distinct from those
accorded to wives. In fact it is probably
not accurate to use the term 'rights of
the woman' since a woman under the
Islamic system of marriage has no human
rights unless we consider that a slave
has rights under a slave system.
Marriage, in so far as women are
concerned, is just like slavery to the
slave, or the chains of serfdom to the
serf."[156]
If Dr. Nawal Sa'dawi is a Muslim rebel and
a liberal thinker, let us hear it from the
great Muslim scholar and philosopher
Ghazali who stated the above position, some
seven hundred years ago, when he summed up
the situation, as follows:
"The most satisfying and final word on
the matter is that marriage is a form of
slavery (riq). The woman is man's slave
and her duty therefore is absolute
obedience to the husband in all that he
asks of her person. As Mohammad himself
said: 'A woman, who at the moment of
death enjoys the full approval of her
husband, will find her place in
Paradise'."[157]
Ihy'a 'Ulum ed-Din in which Ghazali made
this statement has been highly praised by
many scholars. The famous Imam Nawawi said
of it "The Ihy'a approaches being a
qur'an."[158]
The belief that the wife is the slave of
the man is also shared by great scholars
such as Razi159, and Ibn al-'Araby as we have
seen earlier by virtue of the payment of
the dowry.[160]
Modern writers are not as straightforward
as Ghazali in admitting that the woman is
man's slave. But they do admit women's
inferiority to men.
A modern writer said:
"It is illogical and unfair to equate in
any area between the woman who cares for
dresses, fashion, hair styles etc. and
the man who bears the responsibility on
behalf of the woman and the children, and
carries the misfortunes and the hardships
for her sake and for the sake of the
children."[161]
Later on he added:
"The woman is equal to the man in Islam
before the law... but the woman is not
equal to the man with regard to her so
cial worth and her subjective rights, for
how can the commanding and the commanded,
the great and the small, the
knowledgeable and the ignorant, the sane
and the mad, the unjust and the just, the
honourable and the insignificant, the
able and the unable, the working and the
lazy, the strong and the weak be equal?
We must not then mix between equality
before the law and the social worth of
the human being."[162]
If the woman, according to the above, has
an unspecified lower social worth,
Ghazali, who is called the 'rock of Islam'
(huggat al-Islam) qualified what that
lower social worth is, and called it by its
true name: a slave. Mohammad however gave
the real worth of the woman compared to the
man when he said "Had I ordered anybody to
prostrate before any one, I would have
ordered women to prostrate before their
husbands...". This is not a relationship of
master and slave but approaches that of
creator and creature!
It must be stressed at this point that not
every Muslim follows the above teachings.
The following two Hadith are very telling
ones:
"Narrated Ibn 'Omar : During the
lifetime of the prophet we used to avoid
chatting leisurely and freely with our
wives lest some Divine inspiration might
be revealed concerning us. But when the
Prophet had died, we started chatting
leisurely and freely (with them)."[163]
"Narrated 'Urwa : The Prophet asked Abu
Bakr for 'Aisha's hand in marriage. Abu
Bakr said, 'but I am your brother.' The
Prophet said, 'You are my brother in
Allah's religion and His Book, But she
('Aisha) is lawful for me to marry.'"[164]
(Mohammad was fifty years old, and 'Aisha
was six or seven years old at that time,
but the marriage was consummated when she
turned nine years old).
The point is this: where there is strong
religious leadership, the masses will
surrender and follow the teachings. It is
the leadership that passionately believes
and teaches and demands the application of
these teachings. Some Muslim leaders, even
in the West, are calling for the practice
of these teachings. For example in the
country of Australia a Muslim scholar
suggested that
"Polygamy should be legalised and rape
in marriage abolished ... He argued that
a woman should not be able to charge her
husband with rape."[165]
Although not every Muslim follows these
teachings, the teachings are there. So a
nominal Muslim who does not follow these
teachings now, can revert and become a
committed believer, who would then not only
observe them but call others to do
likewise. The Iranian man in the film 'Not
Without My Daughter' assured his little
daughter once that he is as American as an
apple pie, yet he could revert to be as
strict a Muslim as Khomenie.
The above material, in the first place, is
not the personal opinion of some
individuals, but it represents the will of
Allah as expressed in the teachings of
Qur'an and the Hadith. What the Qur'an
teaches in black and white, the Hadith
teaches in colour. The Hadith quoted in
this booklet is consistent with the spirit
of Islam and the teachings of the Qur'an.
If the Hadith was not so, it would have
been rejected out of hand, as fabricated,
from the early centuries of Islam, not
thirteen centuries later. On the contrary
they have been compiled by the most pious
Muslims of their time, quoted in the
mothers of all books in Islamic
literature, which has been published year
after year, for more than a thousand years.
In the light of the Qur'an the above Hadith
was not condemned and rejected. It is when
it is exposed to a different light that it
is called into question.
The above quotations are not a collection
of isolated, eccentric, or uncommon
examples, but they are a representation of
the main stream of a coherent consistent
point of view regarding the place of women
in Islam.
We have kept our comments to a bare minimum
so that the reader can come to his own
conclusions, rather than be influenced
unduly by our interpretation.
We can see that the Qur'an, the sound
Hadith, the commentators of the Qur'an,
Muslim scholars, ancient and modern are
consistent in teaching the superiority of
men over women. Yet there are those who
claim the equality of men and women in
Islam. Some make the claim of equality due
to real ignorance of the above material.
Others however make the claim of equality
in spite of their knowledge of the above
material, as is the case in the film
"Mohammad, a messenger of God". The script
of this film was prepared by Muslim
scholars who knew very well the material
brought to light in this booklet, and much
more.
If you think this material is unbelievable,
please check the references for yourself as
a great number of them have been translated
into English. And if you have read this
booklet in haste, please read it again and
draw your own conclusions.
A related article: Muhammmad and Sauda bin Zam'ah
Other languages:
We are looking for Christian organisations to publish / distribute
the above article in German, French, Russian, Mandarin etc. If you
are interested please contact P. Newton
via email, giving full details of your organisation and the reasons
for your interest.
Correspondence:
Mr. Newton and Mr. Rafiqul-Haqq also invite you to write them with
any requests, further questions, clarifications, disagreements ...
by sending an email.
Further books by M. Rafiqul-Haqq and P. Newton
References:
1. Mishkat al-Masabih, English
translation, Book 1, Introduction: Qur'an
and Hadith, p.3.
2. Itqan fi 'Ulum al-Qur'an, Vol.II,
p.182.
3. Mishkat al-Masabih, the English
translation, Book 1, the importance of
the Qur'an and Hadith, p.2,3.
4. Sahih Muslim, Introduction to English
translation, P. ii.
5. Mishkat al-Masabih, the English
translation, Book 1, the importance of
the Qur'an and Hadith, p.5, Quoted from
Malabudda Minhu, p.8
6. Ibid, the importance of the Qur'an and
Hadith, p.2,3.
7. The Qur'an, 2:228
8. Ibn-Kathir, commenting on Q. 4:34.
9. Razi commenting on the Q. 4:11.
10. Ibid.
11. Razi commenting on the Q. 4:34.
12. Tuffaha, Ahmad Zaky, Al-Mar'ah wal-
Islam, Dar al-Kitab al-Lubnani, Beirut,
first edition, 1985, p.36.
13. Sahih Bukhari, Arabic-English
translation, vol. 1, Introduction, p.
xiv.
14. Ibid., 1 Hadith No. 301. See also vol.
3, Hadith No. 826.
15. At-Tafsir al-Kabir, Razi, commenting
on Q. 30:21.
16. Al-Islam wa-l-Mar'ah al-Mu'aserah,
Al-Bahi al-Khuli, Dar al-Qalam, Quwait,
1984, p. 241.
17. Ibid.
18. Sahih Bukhari, Arabic-English
translation, vol. 1 Hadith No. 28.
19. The Qur'an, 2:282.
20. The Age, Life behind a veil of Islam,
3/3/1992, p.11. This lady has an arts
degree and post-graduate diploma in
education.
21. Al-Musanaf by Abu Bakr Ahmad Ibn 'Abd
Allah Ibn Mousa Al-Kanadi who lived
557H., Vol. 1 Part 2, p. 263. See also
Ihy'a 'Uloum ed-Din by Ghazali, Dar
al-Kotob al-'Elmeyah, Beirut, Vol II, Kitab
Adab al-Nikah, p. 52.
22. Kanz-el-'Ummal, Vol. 21, Hadith No.
919.
23. Tuffaha, Ahmad Zaky, Al-Mar'ah
wal-Islam, Dar al-Kitab al-Lubnani, Beirut,
first edition, 1985, p. 180.
24. Ihy'a 'Uloum ed-Din by Ghazali, Dar
al-Kotob al-'Elmeyah, Beirut, Vol II,
Kitab Adab al-Nikah, p. 34.
25. The World Book Dictionary.
26. Kanz-el-'Ummal, Vol. 22, Hadith No.
858. See also Ihy'a 'Uloum ed-Din by
Ghazali, Dar al-Kotob al-'Elmeyah,
Beirut, Vol II, Kitab Adab al-Nikah, p. 65.
27. Ihy'a 'Uloum ed-Din by Ghazali, Dar
al-Kotob al-'Elmeyah, Beirut, Vol II,
Kitab Adab al-Nikah, p. 65. Reported by
Tirmizi as a true and good Ahadith.
28. Ibid., p. 65.
29. Dr. Mohammad Sa'id Ramadan al-Buti,
Ela kul Fataten Tu'min be-Allah,
Mu'asasat ar_Risalah, Beirut, 1987,
Eighth edition, p. 41,42.
30. Ibid., p. 43.
31. Ibid., p. 47,48.
32. Ibid., p. 98.
33. Sahih Bukhari, Arabic-English
translation, vol. VII Hadith No. 113.
34. Ibid., Hadith No. 114.
35. Ihy'a 'Uloum ed-Din by Ghazali, Dar
al-Kotob al-'Elmeyah, Beirut, Vol II,
Kitab Adab al-Nikah, p. 51.
36. The authority of that Hadith is
classed as Sahih. It is quoted by Ahmad
and al-Nisa'i
37. Ihy'a 'Uloum ed-Din by Ghazali, Dar
al-Kotob al-'Elmeyah, Beirut, Vol II,
Kitab Adab al-Nikah, p. 51.
37a. Al-Ghazali, Nasihat al-Muluk, as quoted in: Essid, Yassine,
A critique of the origins of Islamic economic thought, E.J. Brill,
Leiden, New York, Koln, 1995, p. 205.
38. Mishkat al-Masabih, English
translation, Book I, Section 'Duties of
husband and wife', Hadith No. 61.
39. Ibid., Hadith No. 54 (agreed upon).
See also Bukhari, Arabic-English
translation, vol. VII, Hadith no. 121.
40. Dr. Mohammad Sa'id Ramadan al-Buti,
Ela kul Fataten Tu'min be-Allah,
Mu'asasat ar_Risalah, Beirut, 1987,
Eighth edition, p. 55.
41. 'Abd ar-Rahman al-Gaziri, al-Fiqh 'ala
al-Mazahib al-Arba'a, Dar al-Kutub al-
'Elmeyah, 1990, vol. 4, p. 7.
42. The Qur'an, 26:166, Maulvi Mohammad
'Ali's translation.
43. Qortobi, commenting on Q. 30:21.
44. Suyuti, commenting on Q. 4:34, see also
Mishkat al-Masabih, English translation,
Book I, Hadith No. ii, 74.
45. Mishkat al-Masabih, English
translation, Book I, Section 'Duties of
husband and wife', Hadith No. ii, 60.
46. Suyuti, commenting on Q. 4:34 and
Kanz-el-'Ummal, Vol. 22, Hadith No. 868.
47. Mishkat al-Masabih, English
translation, Section 'Duties of husband
and wife', Hadith No. 70. Reported by Abu
Dawood, Ahmad, Tirmizi, Ibn Magah and Ibn
Haban.
48. Tuffaha, Ahmad Zaky, Al-Mar'ah wal-
Islam, Dar al-Kitab al-Lubnani, Beirut,
first edition, 1985, p. 176. It is also
quoted in Al-Musanaf by Abu Bakr Ahmad
Ibn 'Abd Allah Ibn Mousa Al-Kanadi who
lived 557H., vol. 1 part 2, p. 255.
49. Suyuti, commenting on Q. 4:34.
50. Sunan Ibn Magah, Kitab al-Nikah,
Hadith No. 1850.
51. See Razi and Qortobi commenting on
Q. 30:21.
52. Dictionary of Qur'anic terms and
concepts, Mustansir Mir, Garland
publishing inc. New York& London, 1987,
p. 235.
53. See for example Q. 2:231, 232, 233.
54. Mishkat al-Masabih, English
translation, Book 1, section 'duties of
husband and wife', Hadith No. 68.
55. The Qur'an, 4:34. (Arberry's
translation).
56. The Holy Qur'an, Yusuf Ali's
Translation.
57. Razi, At-tafsir al-Kabir, on Q. 4:34.
58. Mishkat al-Masabih, English
translation, Book 1, section 'duties of
husband and wife', Hadith No.50.
59. Ibid., Hadith No.76.
60. Ibid., Footnote No 138.
61. Ibid, Footnote No 140.
62. Ibn Kathir, commenting on Q. 4:34,
this Hadith is also reported by Abu
Dawood and al-Nisa'i and Ibn Magah.
63. Guardian Weekly, 23/12/1990, Violence
against Women Highlighted, p. 13.
64. Sayid Qotb, Fi Zilal al-Qur'an,
commenting on the Qur'an 4:34.
65. The Australian Minaret, published by
the Australian Federation of the Islamic
Councils, November 1980, p.10.
66. Sayid Qotb, Fi Zilal al-Qur'an,
commenting on the Qur'an 4:34.
67. Al-Bahi al-Khuli, Al-Islam wa-l-Mar'ah
al-Mu'aserah, Dar al-Qalam, Kuwait, 1984,
p. 105.
68. The Qur'an 4:128. (Arberry's
translation).
69. Sahih Bukhari, Arabic-English
translation, vol. 7, Hadith No. 134.
70. Ibid., Hadith No. 130&131
71. Ihy'a 'Uloum ed-Din by Ghazali, Dar
al-Kotob al-'Elmeyah, Beirut, Vol II,
Kitab Adab al-Nikah, p. 52.
71a. AN INTRODUCTION TO THE SCIENCE OF HADITH,
Al-Quran Society London, Author: Dr. Suhaib Hasan,
http://www.islamworld.net/hadith.html
71b. E.g. No. 410 in "500 Ahadith",
http://wings.buffalo.edu/sa/muslim/isl/hadith1.html
71c. as quoted in "Family Values in Islam",
http://www.pakistanlink.com/religion/religion-8-23-96.html
71d. Sahih Bukhari, English-Arabic, Book VII,
Kitab an-Nikah, Hadith No. 130.
71e. Ihya' 'Uloum ed-Din by Ghazali,
Dar al-Kotob al-'Elmeyah, Beirut, pp. 50-51.
72. The Qur'an 4:3.
73. The Qur'an 4:129. (Dawood's
translation).
74. Tuffaha, Ahmad Zaky, Al-Mar'ah
wal-Islam, Dar al-Kitab al-Lubnani, Beirut,
first edition, 1985, p. 58. See also Razi
and al-Jalalayn on the above verses. And
Ihy'a 'Uloum ed-Din by Ghazali, Dar
al-Kotob al-'Elmeyah, Beirut, Vol II, Kitab
Adab al-Nikah, p. 54. And Ibn al-'Arabi,
Ahkam al-Qur'an, vol. 1, p.504.
75. Razi, At-tafsir al-kabir, commenting on
Q. 4:129.
76. Ibid., commenting on Q. 4:3.
77. Ibid., commenting on Q. 4:3.
78. Ibid., commenting on Q. 4:3.
79. Ihy'a 'Uloum ed-Din by Ghazali, Dar
al-Kotob al-'Elmeyah, Beirut, Vol II,
Kitab Adab al-Nikah, p.34.
80. Abd ar-Rahman al-Gaziri, al-Fiqh 'ala
al-Mazahib al-Arba'a, Dar al-Kutub
al-'Elmeyah, 1990, vol. 4, p. 89.
81. Ibid.
82. Ihy'a 'Uloum ed-Din by Ghazali, Dar
al-Kotob al-'Elmeyah, Beirut, Vol II,
Kitab Adab al-Nikah, p. 33.
83. Ibid.
84. Sahih Bukhari, Arabic-English
translation, vol. 7, Hadith No. 142. And
vol. 1, Hadith No.268.
85. Mohammad Ibn Saad, al-Tabakat
al-Kobra, Dar al-Tahrir, Cairo, 1970, Vol 8,
p. 139.
86. Ihy'a 'Uloum ed-Din by Ghazali, Dar
al-Kotob al-'Elmeyah, Beirut, Vol II,
Kitab Adab al-Nikah, p.27.
87. Ibid., p.34.
88. Razi, At-tafsir al-kabir, commenting
on Q. 4:3.
89. Qortobi, commenting on Q. 4:3.
90. Mishkat al-Masabih, Book II, Divorce,
Hadith No. 137.
91. Sahih Bukhari, English translation by
M. Muhsin Khan, Vol. VII, pp. 6&7, see
Hadith No. 10.
92. Mishkat al-Masabih, Book 1, duties of
parents, Hadith No. 15
93. 'Abd ar-Rahman al-Gaziri, al-Fiqh 'ala
al-Mazahib al-Arba'a, Dar al-Kutub al-
'Elmeyah, 1990, vol. 4, p. 522.
94. Ibid., p. 523.
95. Mishkat al-Masabih, Book 1, duties of
husband and wife, Hadith No.62
96 The Qur'an 44:51-54 (Pickthall's
translation).
97. The Qur'an, 55:56-58 (Arberry's
translation).
98.The Qur'an, 55:72 (Rodwells
translation).
99. Pickthall in his translation of the
Qur'an omits this description all
together, although it is found in
Dawood's, Rodwell's, and Arberry's
translations.
100. The Qur'an, 78:33 (Arberry's
translation).
101. Ibn Kathir, commenting on Q. 78:33.
102. Sahih Muslim, English translation,
Hadith No. 6793, see also 6794, 6795
&6797.
103. Ibn-Kathir commenting on Q. 56:35-37.
104. Mishkat al-Masabih, English-Arabic
translation, Book IV, Chapter XLII,
Paradise and Hell, Hadith No.24.
105. Sunan at-Tirmizi, kitab sifat
al-Ganah, Hadith No. 2536.
106. Ibn-Kathir, vol. 8, page 11, commentary on
Q. 56:35-37, published by Dar Ash-sha'b, editorial footnote
by the publisher explaining the meaning of 'dahman'.
107. Ibid., commenting on Q. 56:35-37.
108. The Qur'an 36:55.
109. Tafsir al-Jalalayn on Q. 36:55.
110. Ihy'a 'Uloum ed-Din by Ghazali, Dar
al-Kotob al-'Elmeyah, Beirut, Vol IV, p.
575.
111. Ibn 'Abbas, Tanweer al-Miqbas,
commenting on Q. 36:55.
112. 'Abd ar-Rahman al-Gaziri, al-Fiqh 'ala
al-Mazahib al-Arba'a, Dar al-Kutub al-
'Elmeyah, 1990, vol. 4, p. 7.
113. Ibid., p. 9.
114. 'Ibid., p. 8.
115. Sahih Bukhari, English translation by
M. Muhsin Khan, Vol. VII, Hadith No. 81.
See also Mishkat al-Masabih, Book II,
under section dower, Hadith No. 53.
116. Encyclopaedia of Islam, under 'Mahr'.
117. Mishkat al-Masabih, Book II, under
section dower, Hadith No. 57., reported
from Abu Daud also reported by Ahmad.
118. Ibid., Hadith No. 58., reported by
Tirmizi
119. Sahih Bukhari, English translation by
M. Muhsin Khan, Vol. VII, Hadith No. 80.
120. Al-Islam wa-l-Mar'ah al-Mu'aserah, Al-
Bahi al-Khuli, Dar al-Qalam, Kuwait,
1984, p. 57, reported in Musnad Ahmad.
121. 'Abd ar-Rahman al-Gaziri, al-Fiqh 'ala
al-Mazahib al-Arba'a, Dar al-Kutub al-
'Elmeyah, 1990, vol. 4, p. 8.
122. Qurtubi.
123. Encyclopaedia of Islam, under 'Nikah'.
124. Ibn Kathir, commenting on the Q. 4:24.
125. Ibid.
126. Razi, commenting on Q. 4:25.
127. Ibid., commenting on Q. 4:24.
128. Ibid.
129. Qurtubi, commenting on Q. 4:24.
130. Abu Bakr Mohammad Ibn 'Abd Allah known
as Ibn al-'Araby, Ahkam al-Qur'an, Part
1, p.387.
131. Ibid., p.401.
132. Ibid., p.317.
133. 'Abd ar-Rahman al-Gaziri, al-Fiqh 'ala
al-Mazahib al-Arba'a, Dar al-Kutub
al-'Elmeyah, 1990, vol. 4, p. 488.
134. Encyclopaedia of Islam, under 'Nikah'.
135. 'Abd ar-Rahman al-Gaziri, al-Fiqh 'ala
al-Mazahib al-Arba'a, Dar al-Kutub
al-'Elmeyah, 1990, vol. 4, p.495.
136. Encyclopaedia of Islam, under 'Nikah'
137. 'Abd ar-Rahman al-Gaziri, al-Fiqh 'ala
al-Mazahib al-Arba'a, Dar al-Kutub
al-'Elmeyah, 1990, vol. 4, pp. 495-497.
138. Ibid., p. 498.
139. Ibid., p. 497-498.
140. Ibid., p. 497-499.
141. Ibid., p. 5.
142. Mishkat al-Masabih, Book 1, duty
towards children Hadith No. 43.
143. Ihya' 'Uloum ed-Din by Ghazali, Dar
al-Kotob al-'Elmeyah, Beirut, vol. II,
Kitab Adab al-Nikah, p. 45.
144. Ibid., p. 35.
145. Ibid., P.33. Also quoted in Sahih
Muslim, English translation, Hadith No.
3240.
146. Sahih Bukhari, Arabic-English
translation, vol. vii , Hadith No. 33.
147. Dr. Mohammad Sa'id Ramadan al-Buti,
Ela kul Fataten Tu'min be-Allah,
Mu'asasat ar_Risalah, Beirut, 1987,
Eighth edition, p. 19.
148. Ibid., p. 16.
149. Ihya' 'Uloum ed-Din by Ghazali, Dar
al-Kotob al-'Elmeyah, Beirut, vol. II,
Kitab Adab al-Nikah, p. 53.
150..Sahih Bukhari, Arabic-English
translation, vol. 1, section 'A
menstruating woman should not fast',
Hadith No. 301.
151. Sahih Muslim, English translation,
Kitab Al-Riqaq, chapter MCXL Hadith No.
6600.
152. Dr. Mohammad Sa'id Ramadan al-Buti,
Ela kul Fataten Tu'min be-Allah,
Mu'asasat ar_Risalah, Beirut, 1987,
Eighth edition, p. 21.
153. Kanz-el-'Ummal, Vol. 21, Hadith No.
825.
154. Ibid., Hadith No. 829.
155. Ibid., Hadith No. 831.
156. Nawal El Sa'dawi, The Hidden Face of
Eve, Zed Press, London, 1980, pp. 139,
140.
157. Ihya' 'Uloum ed-Din by Ghazali, Dar
al-Kotob al-'Elmeyah, Beirut, vol. II,
Kitab Adab al-Nikah, p. 64
158. Ibid., Vol V, p. 6.
159. Razi, commenting on the Qur'an 33:51.
160. Ibn al-'Arabi, Ahkam al-Qur'an, part
one, p. 63.
161. Tuffaha, Ahmad Zaky, Al-Mar'ah
wal-Islam, first edition, Dar al-Kitab
al-Lubnani, Beirut, 1985, pp. 33.
162. Ibid., P.37.
163. Sahih Bukhari, English translation by
M. Muhsin Khan, Vol. VII, Hadith No. 115.
164. Ibid., Hadith No. 18
165. The Sun-Herald, an Australian news
paper, April 28, 1991, p. 21.
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