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Women’s Rights in Islam, etc

Answered as per Hanafi Fiqh by Mahmoodiyah

Question:

Assalamualaikum wa rahmatullahi wa barakatuhu

May God bless you in everything and in anything! 

Please give an extensive and detailed answer to a question posed by a right wing academia to Muslim Scholars and Thinkers:

1.  Do Western countries give more rights to women than Muslim countries?  How come or Why and Why not?

2.  In the last 1000 years or so, what has Islam contributed to humanity and civilisation?  (Inventions, politically, socially and scientifically)


Answer:

 

                  

Prior to comparing the rights of women in Muslim and non-Muslim countries, it is imperative to first define the term “RIGHTS”. The most fundamental issue in this regard is that in recognizing his right, the Muslim first acknowledges that he has to obey the law of his creator. Hence the things that which ALLAH has made permissible for men are his rights and the things which ALLAH has prohibited are not his rights. On the contrary present day secular non-Muslims regard fulfilments of ones desires as a right even though religion or civic society disapproves – provided that no other person or animal is harmed in the process. It is for this reason that they condone homosexual marriages, nudity in public, fulfilments of sexual desires in public, women having extra-marshal relationships etc. under the pretext of women’s rights. In view of the grave and fundamental differences between the Muslim and non-Muslim definitions of rights, can we still compare the rights and freedom in Muslim and non-Muslim countries?

This contemporary non-Muslim definition of rights is illogical. That is why 100years ago these very same rights were “ILLEGAL”. If these “RIGHTS” are logical, wouldn’t it mean that 100 years ago their rulers and their legal fraternity were all fools? There wasn’t a single thinker and scholar among them? (For further reference check Fareebe Tamaddun by Ikramullah)

Islam also gave women certain basic human rights. However, together with these rights, Islam has also put certain restrictions in place to maintain a sound society in which man doesn’t behave like animals. And contrary to the understanding of many people, these restrictions are not confined to women only – there are restrictions for the men too: a man cannot marry just any woman he desires, he cannot have sexual relations with any woman besides his wife, and neither can he use his wife’s wealth without her permission nor can he treat her wealth as his. In short, when giving men and women certain rights, Islam also places certain restrictions according to their physical natures, strengths and tendencies. More so, a person who ponders with an unbiased mind will realize that all these restrictions are totally logical.

The rights enjoyed in non-Muslim countries also have certain restrictions. The question of wearing a specific uniform in school, government and private institutes, the army, the defence force etc. is just one example. Similarly, while some activities are not permitted, others have to be completed within a particular time.

If they are absolutely no restrictions in these countries, why would they still have a constitution, courts, judges, police, prisons etc.? The animals that are the freest creation who observe no restrictions what-so-ever when fulfilling their desires. “ARE” there any courts, judges and police in the jungle?

Islam gave women certain natural rights and set some rules for this. For example: she is entitled to live in dignity, entitled to possess her own wealth, she can earn and spend her own wealth, she is permitted to marry the person of her choice, she can request her husband for Talaaq, she can travel, she can work in various departments, she can study, teach, vote etc. thus despite certain restrictions she has freedom in all these areas.

Islam blessed women with the noble titles of mother, sister, daughter, aunty etc and prohibited man from fulfilling their desires with above relatives. Our question is that does secularism condone marriage of a man to his mother, sister, daughter etc.? If not, then on what grounds? Is a man’s freedom not curtailed when he is restricted from marrying his mother, sister, daughter etc.? On the other hand if such marriages are permissible, would secularism not be reducing women to a mere object of sex? If there is no sexual attraction in her, she is not respected even though she may be a mother, sister, or daughter! This explains why aged women in non-Muslim countries are facing some very frightening conditions. You probably have more knowledge than us in this regard!!!

Islam has not burdened women with any financial responsibilities. Her expenses are the responsibility of her father, husband and brother. In fact there are some instances wherein a woman can claim a monetary remuneration for wet nursing and looking after the children. On the contrary, in order for a woman to lead a dignified life in western society she is obliged to go out and earn. It is quite evident from newspaper and magazine articles and various other surveys that by large woman in such countries are facing great difficulties- There conditions are pitiable.

150 years ago women in non-Muslim countries were oppressed to the extent that they never even enjoyed basic human rights. When many men were killed in the first and Second World War thus causing a huge shortage in manpower, women were given certain rights and then brought into the work force in order to rectify the deteriorating economy. Consequently women began making money their primary objective in life. For this they searched for the easiest possible method. Hence some reports show that the highest income group in America is the fashion models. Such freedom, however, spreads indecency and destroys society and is therefore prohibited in Islam. The primary difference between the Muslim and non–Muslim society is that while the Muslim society is bound to religious law, the non-Muslim society recognizes no restrictions. Thus things that the Muslim society may disdain and view with disgust are regarded as “ART” in a non Muslim society! Therefore there cannot be any similarity between the rights in these totally different societies.

A Muslim lady who observes the laws of Islam regards herself as secure and comfortable. She happily accepts the restrictions imposed on her because she believes that, that is how she can please her CREATOR, be respected in society and be blessed with a pleasant life after death. Non-Muslim women, however, do not share the same feelings. They have no concern about the hereafter and pleasing their CREATOR. Thus they hate the restrictions which we are referring to and regard them as a curtailment of their rights. When Lady Diana married Prince Charles she was forced to observe the etiquette of the royal family. Hence she had to stop her relationship with her old friends. This annoyed her to the extent that the marriage eventually collapsed. The result of the differences in the religions outlook of Muslim and non-Muslim women is that Muslim women in a Muslim society do not demand any rights because they already have them. On the contrary non-Muslim continuously make newer demands in order to compete with the men.

It is only recently that women in non-Muslim countries receive their rights. Muslim women, however, received their rights 1425 years ago. As far as those Muslim countries are concerned who do not give the women their rights, their rulers are to blame for this. It is not the fault of Islam. NABI (S.A.W) had on various stages commanded us to be kind to women and to fulfil their needs. Thus HE (S.A.W) said, “The best amongst you is he who is best to his wife and children.” Even on his death bed HE (S.A.W) commanded us to fulfil the rights of the women and others who are weak. The wives of NABI (S.A.W) report that he never hit any of them.

In the pre-Islamic period of ignorance women never used to receive any share in the estate. The deceased’s eldest son or the brother used to take the entire estate. Islam, however, rectified the situation and gave women also a share. In addition ALLAH did not just say, “Give them also a share.” Instead he even stipulated how much should be given to them. More so HE also commanded that they receive their shares first. After they receive their shares, the rest is distributed among those heirs who used to receive shares even prior to Islam e.g. son, father, grand-father, brother, uncle, etc. From the twelve types of people who inherit from the deceased, two thirds i.e. eight are women viz. wife, mother, grand-daughter, sister, consanguine sister, uterine sister, maternal grand-mother and paternal grand-mother. From them the daughter, wife and mother receive shares in all conditions.

In view of the fact that Islam does not burden women with any financial obligations, their expenses are therefore the responsibility of the men i.e. their fathers, husband, sons and brothers. Hence it is only appropriate that the share of the son should exceed the share of the daughter. For example a man died leaving behind his wife, daughter, mother and son. Thus his wife will receive 12, 5%, his mother will receive 16, 66%, his daughter will receive 23, 62% and his son will receive 47.22%. As a result of supporting his sister, mother and grand-mother, the son’s wealth will definitely decrease. However, in all probability, the wealth of the three women will not decrease. Later the son will have to spend his money when getting his sister married. When the sister gets married, her husband will have to provide her with Mahr and all other household necessities. However, when the son gets married, he will have to pay Mahr and provide for the household necessities all from his money. In short, while the daughter’s wealth increased instead of decreasing, the son’s wealth is decreasing all the time.

The above are brief answers to doubts that non-Muslims have regarding the status of women in Islam.

2) It should firstly be understood that Islam is a heavenly religion. Its aim is that all types of people in all places and times practice on its teachings and gain success in this world and the hereafter. Thus it teaches belief, morals, worship, social relationship with others etc. Similarly its teachings are not confined to any time, place and group of people. By means of such teachings Islam aims at rectifying mans thinking, character and morals. So that he will not behave like an animal, instead he will benefit the rest of humankind and the other creations of Allah.

The moral, social, civil and political conditions of the Arabs were pathetic at the time of Nabi (S.A.W.) appearance in the world. At that time the Romans and the Persians were on the rise. However, although they had some sought of a civil and political system; their moral situation was equally bad. The weak and destitute were oppressed. The whole of humanity had forgotten their Creator. They had no realization at all of life after death. They regarded this worldly life as everything. Thus they adopted any method they desired to attain success in this world. Consequently the stronger class was dominant despite being fewer in number. They had enslaved the rest of the people. The kings, rulers and governors enjoyed all forms of comfort while the poor were deprived of basic necessities. The masses were duty bound to please their rulers and provide them with every possible form of comfort.

Allah Ta’ala sent his Nabi Muhammad (S.A.W) in such a dark, frightening and oppressive situation. He then revealed his book- the Qur’aan- to him and commanded him to propagate his message in all the Arabian territories. With the help of Allah he complied, until after only 23 years and very little monetary expense and loss of human life, the revolutionary teachings of Allah and the excellent ways of his Nabi (S.A.W) eventually produced such a pious nation whose sole objective was to please the Creator, to help the rest of humankind and the other creations of Allah and to prepare for the hereafter.

The whole world knows what chaos is unleashed by an invading force when they invade a country. However, when Nabi (S.A.W) conquered Makkah, the wife of the leader of Makkah commented that: “I thought that they would drink a huge amount of liquor at might and destroy the honour of many women. However, I saw the total opposite. Never before was Allah worshiped as much as he was on this night. Neither was any woman’s honour destroyed nor was anybody’s wealth looted. In fact the conquered people spent the night peacefully.”

In 23 years Nabi (S.A.W) prepared such a group of followers who established a civilized and just government and society in the Arabian Peninsula. This group of followers thereafter disposed of the oppressive rulers of Iran, Iraq, Egypt and Syria etc. and freed the masses from the tyranny. When entering such territories the mission of the Sahabah was that “We have come to rescue man from servitude of man to servitude of Allah, to take man from the oppression of all religions to the justice of Islam, to remove man from the narrowness of the Dunyaa to the vastness of the hereafter.” All of this is mentioned in the books of history. Unfortunately we cannot go into much detail now.

The aim of the teachings of Islam is to rectify man’s thinking so that he can be beneficial to mankind. Islam’s aim is to free man from all superstitions and base his level of understanding and then bless him with such things that all the treasures and everything of the Dunyaa will be at his service, so that he himself will then serve the Creator.

When man possesses that level of thinking, he will utilize his intellect and advance the bounties and natural resources of the world. He will invent new things in order to make life easier and more comfortable.

Hence, after the appearance of Islam, when non-Muslim rule of Iraq, Iran etc. was ended and Byzantine rule was limited to Rome only, the study of secular sciences also stagnated. At that time Muslim scholars and leaders played a crucial role in the development and promotion of these sciences. Greek text books were translated into Arabic and then taught to the students. The Muslims promoted every subject opening the doors of knowledge for everyone. Gradually these subjects entered Europe through Muslim Spain. Till today there are many Arabic words in many subjects that bear testimony to this.     

If you read this section on the Middle Ages in the encyclopaedia you will see how low the academic, moral, civil and political situation in Europe was at that time. On the other hand, what was the condition if the Muslim world? How did the ancient philosophy of Socrates and Pluto etc. reach Europe although it was not in English, French or German?

The amount of freedom Islam gave for utilizing, understanding and promoting of worldly bounties was not given by any other religion. Due to these freedom Muslim leaders, scholars and thinkers promoted the study of secular sciences and breathed life to the ancient Greek subjects.

If you can read Urdu, you should read the following books for more details:

*MUSADDAS HAALI AND ITS COMMENTARY

*SHAH NAAMAH ISLAM

*THE BOOKS OF NASEEM HIJAAZI: QAISER WA KISRA, KHAAK WAKHOON AND TRAVELLER OF THE NIGHT.

*THE HISTORY OF MUSLIM SPAIN

At least read the book of Moulana Abul Hasan Ali Nadwi which is translated into English under the title ISLAM AND THE WORLD.

The current decadence of Muslims all over the world is not due to Islam and its teachings. Instead it is due to not practicing on the teachings of Islam and their leaders being over-awed by others.

Finally we request you to view Muslims from this angle and to remedy their weaknesses. We have drawn your attention to view aspects in order to – answer your question. You will be able to answer the objections of non-Muslims in the light of what we have written above and further reading.

And Allah Ta’ala knows best

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

25 December 2004

13 Thul Qa’dah 1425

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