WOMEN RIGHTS IN ISLAM
By Dr. Zakir Naik
According to the Oxford
dictionary, ‘Women’s Rights are the rights, that promote a position of social
and legal equality, of women to men’
According to the Oxford
dictionary, ‘they are the rights, claimed for the women, equal to those of men,
as regards to suffrage that right to vote, as regards to property, etc’.
‘Modernising’, according to the
Oxford dictionary means, ‘to make modern, to adapt to modern needs or habits’.
And according to the Webster’s
dictionary it means… ‘To make modern, or to give a new character or appearance -
e.g., to modernise ones ideas’.
In short, modernising is a
process of updating or opting for the betterment of the present status itself -
It is not the present modern status itself.
Can we modernise ourselves, to
master our problems, and to realize a new way of life, for the whole human race?
I am not concerned about the
modern ideas, the conclusions and the categorical statements made by scientists
and inexperienced armchair experts, as how a life should be lived by a woman.
I am going to base my
conclusions and considerations on truth, which can be proved by experience.
Experience and unbiased factual
holistic analysis, are the sure test, between the gold of truth, and the glitter
of theory.
We have to check our thinking
against reality, otherwise many a times, our mental process will go astray -
Indeed the great brains of one time, believed that the world was flat.
If we agree with the ‘Women’s rights in Islam’, as portrayed by the Western media, you have no option, but to agree that the ‘Women’s rights in Islam’ are outdated.
The Western talk of women’s
liberation, is actually a disguised form of exploitation of her body,
deprivation of her honour and degradation of her soul.
The Western
society which speaks of upgrading the status of women in Islam, have actually
reduced her status to concubines, to mistresses, to society butterflies, which
are mere tools in the hands of sex marketers and pleasure seekers, which are
disguised behind the colorful screen of art and culture.
Islam’s radical revolutionary support, gave women their due right and status in the days of ignorance… 1,400 years ago.
Islam’s objective was and
continues to be, to modernise our thinking, our living, our seeing, our hearing,
our feeling and striving for the women’s upliftment and emancipation in the
society.
Before I dwell further with the
topic, I would like you to make note of a few points.
-
Approximately one fifth of the world’s population, consists of Muslims. There are different Muslim societies - Some may be close to Islam, some may be far away from Islam.
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The ‘Women’s rights in Islam’ should judged according to the authentic sources, and not what individual Muslims do, or what the Muslim society does.
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The authentic sources of Islam, are the Qur’an, which is the word of God, and the authentic Sunnah, and the traditions of our beloved Prophet (peace be upon him).
-
Qur’an will never contradict itself, nor will the authentic Hadith contradict itself… neither will these two authentic sources, contradict each other.
-
Sometimes the scholars differ, and many a times, these differences can be removed by analyzing the Qur’an as a whole, and not just by quoting one particular Verse. Because if one particular verse of the Qur’an is ambiguous many a times the answer is given somewhere else in the Qur’an - Some people quote one source and neglect all the other sources.
-
It is the duty of every Muslim, male or female, to seek the pleasure of God, and to act as His trustee on this world, and not to try and gain fame or satisfy one’s own ego.
Islam believes in equality of
men and women – ‘Equality’ does not mean ‘identicality’.
In Islam, the role of a
man and
woman is complimentary, it is not conflicting. It is that of a
partnership, it is not contradictory, so as to strive for supremacy.
Where ‘Women’s rights in Islam’
is concerned, I have divided it into 6 broad categories.
The first are ‘the Spiritual rights’, second are ‘the Economical rights’, third are ‘the Social rights’, fourth are ‘the Educational rights’, fifth are ‘the Legal rights’, and last are ‘the Political rights’.
Sex is Not the
Criteria to Enter Paradise:
The greatest misconception that
the West has about Islam, is that they think… ‘Paradise in Islam, is only meant
for the male - it is not meant for the female’.
This misconception can be
removed by quoting from Surah Nisa, Ch. No. 4, Verse No 124, which says, ‘If any
of you do deeds of righteousness, whether it be male or a female and has faith,
they shall surely enter Paradise and not the least injustice shall be done to
them’
A similar thing is repeated in
Surah Nahl, Ch.16, Verse No.97 which says… ‘If any of you perform good deeds, be
it a man or a woman and is a believer, We shall give you good life and We should
reward you for all your good works’.
Just because in Islam, sex is
not the criteria to enter Paradise, will you call such rights in Islam as
modernising or outdated?
Another misconception is that, which the Western media has, that, ‘The woman has no soul’.
In fact, it was in the
seventeenth century, when the Council of wise men, when they gathered at Rome,
and they unanimously agreed that the woman had no soul.
In Islam, man and woman have the
same spiritual nature. It is mentioned in Quran, Ch.4, Verse No.1,
which says that, ‘O humankind reverence your Guardian Lord, who
has created you from a single person and created like nature his mate’.
A similar thing is mentioned in
Surah Nahl, Ch.16, Verse No.72, which says that, ‘We have made for you
companions and mates of your own nature’.
In Surah Al-Shura, Ch.42, Verse
No.11, it says, ‘He is the one who has created the heavens and the earth and has
made for you pairs from among yourselves’.
Just because the spiritual
nature of a man and woman is the same in Islam, will you call such rights in
Islam, as modernizing or outdated?
The Qur’an clearly mentions
that, ‘God has breathed somewhat of His spirit into the human beings’.
If you read Surah Hijr, Ch.15,
Verse No.29, it says, ‘When I have fashioned you in due proportion and have
breathed into you something of my spirit, fall you down in obeisance’.
A similar thing is repeated in
the Qur’an, in Surah Sajdah, Ch. 32, Verse No.9, which says, ‘Then He fashioned
him and breathed into him of His Spirit...’.
Here, when God refers to as
‘Something of My Spirit, is breathed into the human beings’ - it does not mean,
a sort of incarnation or a pantheistic form.
It means that Allah has given to
every human being something of His spiritual Nature, and the Knowledge of God
Almighty, and coming closer towards Him.
Here it refers to both Adam and
Eve (may peace be upon them) - Both were breathed something of God's Spirit.
Again we read in the Qur’an,
that Allah has appointed the human being as His vicegerent, as His trustee, as
is mentioned in Surah Isra, Ch.17, Verse No.70, which says, ‘We have honoured
the children of Adam and bestowed on them special favours’.
Note, here all the children of
Adam have been honoured, male as well as female.
There are some Religious
scriptures, for example the Bible, which puts the blame on Eve for the downfall
of humanity.
In fact if you read the Qur’an
in Surah Araf, Ch.7, Verse No.19 to 27, Adam and Eve (may peace be upon them
both) are addressed, more than a dozen of times.
Both disobeyed God, both asked
for forgiveness, both repented, and both were forgiven.
In the Bible, if you read
Genesis, Ch. 3, only Eve is held responsible (May peace be upon her) for the
downfall of humanity.
And according to the doctrine of
‘Original Sin’, because of Eve (may peace be upon her) the whole of humanity is
born in sin.
If you read the Bible in
Genesis, Ch. 3, Verse No.16, it says that, 'To the woman He (God) said, "I will
greatly multiply your pain in childbearing; in pain you shall bring forth
children, yet your desire shall be for your husband, and he shall rule over
you."'
That means, pregnancy and child
birth has been said in the Bible to degrade the women and the labour pain is a
sort of punishment.
In fact if you read the Qur’an,
pregnancy and child birth have uplifted the women.
If you read Surah Nisa, Ch.4,
Verse No.1, it says, ‘Respect the womb that bore you’.
Its mentioned in Surah Luqman,
Ch.31, Verse No.14, it says, ‘We have enjoined on the human being to be kind to
the parents, in travail upon travail did their mother bore them and in years
twain was their weaning’.
A similar thing is mentioned in
Surah Ahqaf, Ch.46, Verse No.15, it again repeats, which says, ‘We have enjoined
on the human beings to be kind to his parents’.
To be kind to the parents - in
pain did their mother bore them, and in pain did she give them birth - Pregnancy
in the Qur’an has uplifted the women not degraded her.
Just because pregnancy has
uplifted the women in Islam will you call such rights in Islam as modernizing or
outdated?
The only criteria for judgment
in the sight of Allah is ‘Taqwa’, ‘God consciousness’ or ‘righteousness’.
It is mentioned in Surah
Hujurat, Ch.49, Verse No.13 ‘O humankind, We have created you from a
single pair of male and female and have divided you into nations and tribes, so
that you shall recognize each other not that you despise each other and the most
honored in the sight of God, is the one who is the most righteous’.
Sex, colour, caste, wealth has
got no criteria in Islam - The only criteria in the sight of God is
‘righteousness’, neither is sex the criteria for God to reward or to punish a
person.
If you read Surah Imran Ch.3
Verse No.195 it says ‘I will never suffer the loss of any of you, be it male or
female, you are companions unto each other’.
I had started my talk by quoting
a verse from the Qur’an from Surah Al Ahzab, Ch.33, Verse No.35, which
says,
‘For Muslim men and Muslim
women,
for believing men and women,
for devout men and women,
for true men and women,
for men and women who are patient and constant,
for men and women who give in charity,
for men and women who fast and deny themselves,
for men and women who guard their chastity,
for men and women who engage much in God's praise,
God has prepared for them forgiveness and a vast reward.’
for believing men and women,
for devout men and women,
for true men and women,
for men and women who are patient and constant,
for men and women who give in charity,
for men and women who fast and deny themselves,
for men and women who guard their chastity,
for men and women who engage much in God's praise,
God has prepared for them forgiveness and a vast reward.’
This verse indicates that the
spiritual duties, the moral duties, for the men and women in Islam are the same
- Both have to believe, both have to pray, both have to fast, both have to give
in charity, etc, etc.
But the women has been given
certain concession in Islam.
If she is undergoing her
menstrual period or pregnancy, she does not have to fast - She can keep those
fasts later on, when she is more healthy.
During
the menstrual period and during the postnatal period, she needs not pray also -
she has been given the concession, and neither does she have to compensate it
later on.
Just because the moral duties of
the men and women are equal in Islam will you call such rights in Islam as
modernizing or outdated?
Islam gave economical rights to the women 1,300 years before the West.
An adult Muslim woman can own,
she can dispose or disown any of her property without consulting any one,
irrespective whether she is married or she is single.
In 1870, it was the first time
in England, that the West recognized the rights of the married woman, where she
was allowed to own or dispose any of her property without consultation.
I do agree that the women were
given their economical rights 1300 years ago - these are ancient rights - but
the question is – ‘are they modernizing or outdated?’
A women in Islam, if she wishes
to work she can work - There is no text in the Qur’an or the authentic Hadith
which prevents or makes it prohibited for a woman to do any work, as long as it
is not unlawful, as long as it is within the preview of the Islamic Shariah, as
long as she maintains her Islamic dress code.
But natural, she cannot take up
jobs, which exhibit her beauty and body - Like for example, modeling and film
acting, and such kind of jobs.
Many of the professions and
jobs which are prohibited for the woman are also prohibited for the man, for
example serving alcohol, working in gambling dens, doing any unethical or
dishonest business. All these jobs are prohibited for both men and women.
A true Islamic society requires
women to take up profession such as doctors.
We do require female
Gynecologists, we do require female nurses, we do require female teachers.
But, a woman in Islam has got no
financial obligations - The financial obligation is laid on the shoulders of the
man in the family - Therefore she need not work for her livelihood.
But in genuine cases, where
there are financial crisis in which both the ends do not meet, she has the
option of working.
Here too, no one can force her
to work - She works out of her own, absolute free will.
A woman in Islam has been given
more financial security, as compared to the man.
As I told you earlier, the
financial obligation is not put on her shoulder - It is put on the shoulder of
the man in the family. It is the duty of the father or the brother, before
she is married and the duty of the husband or the son, after she is
married to look after her lodging, boarding, clothing and financial
aspects of her.
When she gets married, she is on
the receiving end.
She receives a gift - she
receives a dower or a marital gift, which is called as ‘Meher’.
And it is mentioned in the
Qur’an in Surah Nisa, Ch.4 Verse No.4 which says, ‘Give to the woman in
dower, a marital gift’.
For a marriage to solemnize in
Islam, ‘Meher’ is compulsory.
But unfortunately in our Muslim
society here, we just keep a nominal ‘Meher’ to satisfy the Qur’an, say 151
Rupees, or some people give 786 Rupees and they spend lakhs and lakhs of Rupees
on the reception, on the decoration, on the flowers, on the lunch parties, on
the dinner parties.
In Islam, there is no
lower-limit, nor is there an upper limit for ‘Meher’ - But when a person
can spend lakhs of Rupees on the reception, surely the ‘Meher ’ should be much
more.
There are various cultures which
have crept into the Muslim societies, specially in the Indo-Pak area.
They give a small amount of
‘Meher’ and they expect the wife to give a fridge, to give a T.V set, they
expect the wife to give an apartment, to give a car, etc., and a large sum of
dowry, depending upon the status of the husband.
If he is a graduate, they may
expect 1 lakh - If he is an engineer they may expect 3 lakhs - If he is a doctor
they may expect 5 lakhs.
Demanding dowry from the wife,
directly or indirectly is prohibited in Islam.
If the parents of the girl give
the girl something out of their own free will, it is accepted - But
demanding or forcing directly or indirectly, it is prohibited in Islam.
If a Woman works, which she does
not have to - whatever earning she gets, it is absolutely her property.
She need not spend on the
household - if she wants to spend it is her free will.
Irrespective how rich the wife
is, it is the duty of the husband to give lodging, boarding, clothing and look
after the financial aspects of the wife.
In case of divorce or if a wife
gets widowed, she is given financial support for the period of ‘Iddah’ - and if
she has children, she is also given child support.
Islam gave the right to the
women to inherit, centuries ago.
If you read the Qur’an - in
several verses, in Surah Nisa, in Surah Baqarah and in Surah Maidah, it is
mentioned that a woman, irrespective she is a wife or she is a
mother, or a sister, or a daughter, she has a right to inherit. And it has been
fixed by God Almighty in the Qur’an.
Broadly it can be categorized
into four sub-headings. Social rights given to a daughter, to a wife, to a
mother and to a sister.
Islam prohibits, female
infanticide. The killing of female children is forbidden in Islam.
It is mentioned in
Surah Taqveem, Ch. 81, Verse No. 8 and 9, ‘when the female child is buried alive
and when she questions you, for what crime was she killed’.
Not only female infanticide has
been prohibited, all sorts of infanticides has been prohibited in Islam, whether
it be a male child or a female child.
It is mention in the
Qur’an in Surah A’nam Ch.6, Verse No.151 that, ‘Kill not your children for
want of sustenance for it is God that will provide sustenance for you and for
children’.
A similar thing is mentioned in
Surah Isra, Ch.17 Verse No.31 which says… ‘Kill not your children for want of
sustenance, for it is God that will provide sustenance to you and your children,
for killing of children is a major sin’.
In the pre-Islamic Arabia,
whenever a female child was born mostly she was buried alive.
Alhamdullillah, after the spread
of Islam this evil practice has been discontinued.
But unfortunately it still
continues in India - According to a BBC report, in the programe assignment the
title of which was ‘Let Her Die’, there was a British reporter by the name of
Emily Beckenen, who came all the way from Britain to India to give us the
statistics of the female infanticide.
In that programe, it gives the
statistics, that every day more than 3,000 fetuses are being aborted on
being identified that they are females.
If you multiply this figure by
the number of days, that is multiplied by 365, you get a figure of more than one
million female fetuses are being aborted every year in our country.
And there are big hoarding and
posters in states like Tamil Nadu and Rajasthan, which says spend 500 Rupees and
save 5 lakh Rupees.
What does it mean? - That spend
Rupees 500 on medical examination like Aminocententus or Ultra Sonography, and
identify the gender of child.
If it is a female you can abort
it and you’ll save 5 lakh Rupees - How?
The couple of lakhs you spend on
upbringing her and the remaining lakhs of Rupees you spend on giving dowry to
the man who will marry her (a custom in India).
According to the report of the
Government Hospital of Tamil Nadu – ‘out of every 10 female children that are
born, four are put to death’ - No wonder the female population in India is less
than the male population.
Female infanticide was
continuing in India since centuries - If you analyze the statistics of the 1901
census, for every 1000 males there were 972 females.
According to the 1981 statistics
and census, it tells you for every 1000 males you have 934 females.
And the latest statistics of
1991 tells you that for every 1000 males you have 927 females.
You can analyze that the female
ratio is dropping every year - And since science and medicine has advanced, it
has helped in this evil practice.
Just because Islam tells you
that you should not kill any children whether it be male or female will you call
these rights in Islam as modernizing or outdated?
Qur’an not only prohibits female
infanticide, it rebukes at the thought of you rejoicing at the birth of a male
child and getting saddened at the birth of a female child.
In Islam, a daughter should be
brought up correctly.
In Islam, there should be no
partiality in upbringing of the daughter or the son.
According to a Hadith, ‘In the
presence of the Prophet Muhammad, once a man kissed his son and placed him on
his lap but did not do the same to his daughter.
The Prophet immediately objected
and said that you are unjust - You should have even kissed your daughter and
placed her on the other lap’.
All the previous civilizations,
they have considered the women to be an ‘instrument of the devil’.
The Qur’an refers to the women
as ‘Mohsana’, that is a ‘fortress against the devil’.
And if a woman, who’s good,
marries a man, she prevents him from going on the wrong path.
There’s a Hadith in which
Prophet Muhammad (peace be upon him) he said that, ‘there is no monasticism in
Islam’ .
And again according to Sahih
Bukhari, Volume No. 7, Ch. No. 3 Hadith No 4 it says that ‘the Prophet Muhammad
ordained the young men, all those who have the means to marry, they should marry
- For it will help them to guard their gaze and guard their modesty.
The Qur’an say’s that, ‘We have
put love into the hearts of the husband and wife’.
If you read Surah Rum, Ch. 30,
Verse No. 21 it says that, ‘And amongst our signs We have created for you mates
or companions, so that you may dwell in them in tranquillity and we have put
love and mercy between your hearts’.
According to Surah Nisa, Ch.4,
Verse No.21, marriage is considered as a strong agreement, a strong contract.
According to Surah Nisa, Ch.4,
Verse No.19, it says, ‘You are prohibited to inherit women against their will’ -
Means, to marry the permission of both the parties are required.
It is compulsory that the
man and women both should agree to marry. No one - not even the father can force
their daughter to marry against her wishes.
There’s a Hadith in Sahih
Bukhari, Volume 7, Book 62, Number 69, which says ‘that a lady she was forced by
her father to marry against her wishes’ - And she went to the Prophet and the
Prophet invalidated the marriage’.
Another Hadith in Ibn-e-Humbal,
Hadith No. 2469, it says ‘that a daughter was forced by her father to get
married - And when the daughter approached the Prophet, the Prophet said you can
either continue, or if you wish you can invalidate the marriage.
That means, the consent of both
the male and the female is required.
In Islam, a women is considered
as a homemaker - She is not considered as a housewife, because she is not
married to the house.
Many people use terminology,
without understanding what it means – ‘Housewife’ means ‘you are the wife of the
house’.
So I believe, from now onwards
the sisters would prefer calling themselves ‘homemakers’, than ‘house wives’, if
they are occupied more in the home.
In Islam, a woman, she is not
married to a master that she should be treated like a slave - She is married to
it is equal.
And there is a Hadith which says
in Ibn-Hambal - Hadith No 736, 7396. It says that, ‘the most perfect of the
believers are those that are best in character and behavior, and those
that are best to their family and their wives’.
Islam gives equal rights to the
man and woman. Qur’an clearly mentions that men and women, husband and wife have
equal rights in all aspects, except leadership in the family.
It is mentioned in the Qur’an in
Surah Baqarah Ch.2, Verse No.228. It says that, ‘...the women have been
given rights similar against them (men) on equitable terms but the men have a
degree higher...’.
Most of the Muslims have
misunderstood this verse, when it says ‘a men have a degree higher’ - As I said
we should analyze the Qur’an as a whole. And its mentioned in Surah Nisa,
Ch. 4, Verse No.34 which says, ‘The men are the protectors and maintainers of
the women, for God has given one of them more strength than the other and they
give them their means’.
People say the word ‘Kawwam’
means, ‘one degree higher in superiority’ - But actually the word ‘Kawwam’ comes
from the root word ‘Ikamah’. ‘Ikamah’ means for example ‘when you give the
Ikamah before prayers - You stand up’.
So ‘Ikamah’ means to standup -
so the word ‘Kawwam’ means one degree higher in responsibility, not one degree
higher in superiority.
Even if you read the commentary
of ‘Ibne-Kathir’ - He says that the word ‘Kawwam’ means one degree higher in
responsibility, not one degree higher in superiority.
And this responsibility, should
be carried out by mutual consent of both husband and wife.
It is mentioned in Surah
Baqarah, Ch.2, Verse No.187, which says, Which means… ‘Your wives are your
garments, and you are their garments’.
What’s the objective of garments
- It is used to conceal and to beautify.
The husband and wife, should
conceal each others faults, and they should beautify each other - Its a
relationship of hands and gloves.
The Qur’an mentions that, ‘even
if you do not like your wife, you should treat her kindly’.
It is mentioned in Surah Nisa,
Ch.4, Verse No.19, that, ‘...consort with them (your wives) in kindness, for if
you hate them it may happen that you hate a thing wherein God has placed much
good.
Even if you dislike your wife
you have to treat her kindly and with equity
Just because the rights of a
wife are equal to those of the husband in Islam, will you call such rights in
Islam as modernizing or outdated?
The only thing above respect to
Mother, is the worship of God - It is mentioned in:
Ch.17, Verse No.28-29, It says
that… ‘God has ordained for you, that you worship none but Him, and to be kind
to your parents. And if any one or both of them reach old age do not say a word
of contempt or repel them but address them with honour, and speak to them with
kindness, and lower your wing of humility and pray to God - ‘My Lord! bless them
as they have cherished me in childhood’.
Surah Nisa, Ch. No. 4, Verse No.
1 says, ‘Respect the womb that bore you’.
Surah A’nam, Ch.6, Verse No.151,
says that, ‘You have to be kind to your parents’.
Surah Luqman Ch.31, Verse No.14,
says that, ‘We have enjoined on the human beings to be kind to his parents. In
travail upon travail, did their mother bore them and in years twain was their
weaning’.
A similar thing is repeated
again in Surah Ahqaf, Ch.46, Verse No.15, that… ‘We have enjoined on the human
beings to be kind to his parents. In pain did their mother bore them and in pain
did she give them birth’.
Another Hadith related in Sahih
Bukhari in Volume 8, Ch. No. 2 Hadith No. 2, as well as in Sahih-Muslim - It
says that a man asked the Prophet Muhammad… ‘Who requires the maximum love and
respect and my companionship in this world?
The Prophet replied – ‘your
mother’
‘Who is next’? – ‘your mother’
‘Who is next?’ – ‘your mother’
The man asked for the fourth time, - ‘Who is next’
The Prophet replied ‘your father’.
‘Who is next’? – ‘your mother’
‘Who is next?’ – ‘your mother’
The man asked for the fourth time, - ‘Who is next’
The Prophet replied ‘your father’.
So 75% of the love and respect
goes to the mother and 25% of the love and respect goes to the father.
Three fourth of the better part
of the love and respect goes to the mother – One fourth of the remaining part of
the love and respect goes to the father.
According to Surah Tawbah, Ch.
9, Verse No.71, it says that, ‘The men and the women they are friends of each
other’.
Prophet Muhammed (may peace be
upon him) he said, ‘The women are the ‘Shakat’ -‘Shakat’ means sister’.
The first 5 verses which were
revealed in the Qur’an were from Surah Alaq, or Surah Iqra, Verse No. 1 to 5
which says:
‘Read, recite or proclaim in the
name of your Lord, Who has created the human beings from a congealed clot of
blood (a leech like substance).
Read, your Lord is most
bountiful.
Who has taught the use of the
pen.
Who has taught the human beings
that which he knew-not’.
The first guidance given in the
Qur’an to the humankind was not to pray, was not to fast, was not to give
charity - It was read - Islam pays utmost importance to education.
According to Quran:
-
God will exalt those of you who believe and those who are given knowledge to high degrees. (58:11)
-
And say, O my Lord! increase me in knowledge. (20:114)
-
And whoever is is given knowledge is given indeed abundant wealth. (2:269)
According to
a saying of Prophet Muhammad (pbuh) “It is obligatory for
every Muslim, male or female, to acquire knowledge (Al-Bayhaqi).
Imagine, 1400 years ago, when
the women were ill treated and were only used as property, Islam asked the women to be educated.
Because Islam tells that every
woman should be educated, - Will you call such women’s right’s in Islam as
modernizing or outdated?
According to the Islamic law,
men and women are equal - The Islamic Law protects the life and property of a
man and woman both.
If a man murders a woman he too
will receive the capital punishment of ‘Kisaas’.
According to the Islamic law of
‘Kisaas’, men and women - irrespective the injury be of the eye, of the
nose, of the ear, of the body - both receive equal punishment.
And if the guardian of the
murderer, even it be a woman - If she says, that forgive the murderer and she
accepts ‘Dia’, that is compensation - her opinion cannot be rejected - they have
to accept it.
And if there’s difference of
opinion between the relatives of the person whose murdered - And some say that
the murderer should be killed and some say that he should be forgiven and ‘Dia’
should be accepted - people should prevent the relatives from killing that
murderer.
And irrespective whether the
witness or the opinion is given by a man or woman, it has same weight.
According to Surah Maida, Ch.5,
Verse No.30 - It says… ‘As to the thief, whether he be man or a woman, cut off
his or her hand as a punishment for his crime, an example from God’.
Means, if a person robs,
irrespective whether he is a man or a woman his or her hands should be chopped -
The punishment is the same.
According to Surah Nur, Ch.24,
Verse No.2, it says ‘If any commits fornication, be it a man or a woman, flog
them with 100 stripes’.
The punishment for fornication
in Islam irrespective whether it is a man or a woman, it is the same - Flogging
with 100 stripes.
The punishment for men and
women, is the same in Islam.
In Islam a woman is allowed to
give witness
Imagine, Islam gave right to a
woman to be a witness, 14 centuries ago.
Even now in as late as 1980, the
Jewish Rabai, they were considering that whether the women should be given a
right to act as a witness or not - And Islam gave that right 1400 years ago.
According to Surah Nur,
Ch.24, Verse No.4, it is said ‘If any of you put a charge against the chastity
of a woman, produce 4 witnesses, and if they falter, flog them with 80 stripes’.
In Islam for a small crime, you
require 2 witness - for a big crime you require 4 witnesses.
Accusing a woman falsely is a
big crime in Islam, therefore you require 4 witnesses.
Now a days you see in the modern
society, you find men abusing women and calling them all sorts of name. They
call them prostitutes etc, and nothing is done.
In an Islamic state, if a man
calls her a ‘prostitute’ in public or anywhere else, and if she takes that man
to court - And if that man cannot produce 4 witnesses or even if he produces 4
witnesses and any one of them falter, all of them will receive 80 lashes each,
and in future all their evidence will be rejected.
Islam gives utmost importance to
the chastity of the woman.
When a lady marries, she
normally adopts the name of her husband.
In Islam she has the option of
either keeping her husband’s name, either adopting the name of the husband, or
maintaining her maiden name.
And maintaining the maiden name
is recommended in Islam - And we find in several Muslim societies that women,
even after they get married they maintain their maiden name, because according
to the Islamic law men and women are equal.
Will you call such rights in
Islam modernizing or outdated?
According to Surah Tawba, Ch.9,
Verse No.71, ‘The men and the women they are friends (supporters) of each
other’.
Supporters not only Socially -
even Politically – Politically, men and women should support each other.
Women can even take part in law
making.
And according to the famous
Hadith in which Hazrat Umar (may Allah be pleased with him), he was discussing
with the Sahabas, and considering putting an upper limit on the ‘Meher ’, since
young men were discouraged from getting married - a lady from the back seat she
objected and said When the Qur’an says in Surah Nisa Ch.4, Verse No.20 that…
‘you can even give a heap of treasure, a heap of gold in ‘Meher’, when Qur’an
puts no limit on ‘Meher’, who is Umar to put a limit (may Allah be pleased with
him).
And immediately Hazrat Umar
(peace be upon him) said… ‘Umar is wrong and the lady is right’.
Imagine, she was a common lady -
If it would have been a famous lady, the name of the lady would be
mentioned in the Hadith.
Since the Hadith does not
mention the name of the lady, we can understand that the lady was a common lady.
Means, even a common lady can
object to the ‘Khalifa’, the head of the state.
And in technical terms it would
be called that – ‘she is objecting to the breach of the constitution’,- because
Qur’an is the constitution of the Muslims - That means a woman can even take
part in law making.
There is a full chapter in the
Sahih Bukhari mentioning women in the battle field - Women gave water - they
give first aid to the soldiers.
Because the Qur’an says ‘Man is the protector of the ‘Woman’.
Under normal circumstances,
the women should not go to the battle field. It is the duty of the man.
Only when required, under
necessity are women allowed - and they should go to the battle field if they
want.
Otherwise you’ll have the same
position as you are having in the USA.
In USA women were allowed to
join the battle since 1901 but they were not allowed to take active part - They
only played the part of a nurse.
Later on after the ‘Feminist
Movement’ had started in 1973, the ‘Feminist movement’ demanded – ‘Why aren’t
women allowed to take active part in the battle field?’
So the American government
allowed women to take active part in the battle field.
And according to a
report of the Defense Department of America, which was released on the
23rd of April, 1993 it said that, ‘90 people were sexually assaulted in a
convention, out of which 83 were women and 117 officers were charged with in
disciplinary action’. Imagine in one convention only, 83 women sexually
assaulted.
What was the crime of those 117
officers?
They made the women run and they
snatched at their clothes. They made them parade absolutely nude without even
covering the genital parts. They were made to have sex in public.
Is this what you call ‘Women’s
rights’?
If you think that this is what
is ‘Women’s right’, then you can keep your rights to yourselves. We do not want
our sisters, our daughters our mothers to be sexually assaulted.
And there was a uproar in the
parliament and the President, Bill Clinton - he himself had to apologize
publicly and he said, ‘Necessary action will be taken’.
And you know when politicians
say ‘necessary action will be taken, what happens.
So Islam allows women to take
part in the battle field only when required.
But there also they should
maintain their Islamic dress and the Islamic ethics, and their modesty.
United States of America is
supposed to be one of the most advanced countries of the world. It also has one
of the highest rates of rape in any country in the world. According to a FBI
report, in the year 1990, every day on an average 1756 cases of rape were
committed in U.S.A alone. Later another report said that on an average everyday
1900 cases of rapes are committed in USA. The year was not mentioned. May be it
was 1992 or 1993. May be the Americans got ‘bolder’ in the following years.
Consider a scenario where the
Islamic law is implemented in America. Whenever a man looks at a woman and any
brazen or unashamed thought comes to his mind, he lowers his gaze. Every woman
wears the Islamic dress as mentioned in Quran. After this if any man commits
rape he is given capital punishment. I ask you, in such a scenario, will the
rate of rape in America increase, will it remain the same, or will it decrease?
If Islamic law is implemented in
any part of the world, women will breathe easier.
Before I conclude, I’d like to
give an example.
As I said in the beginning of my
talk, Islam believes in equality between men and women - Equality does not mean
identicality.
Suppose in a classroom 2
students, student ‘A’ and ‘B’, during an examination both come out first - Both
secure 80% marks - 80 out of 100.
When you analyze the question
paper, the question paper has 10 different questions, each carrying 10 marks.
In question 1 student ‘A’ got 9
out of 10, and student ‘B’ got 7 out of 10 - So in question 1 student ‘A’ was
higher than student ‘B’.
In question 2, student ‘A’ got 7
out of 10 and student ‘B’ got 9 out of 10 - Student ‘B’ was higher than student
‘A’ in question number 2.
In question 3 both of them got 8
out of 10, both were equal.
So when we add up the marks of
all the ten questions, both student ‘A’ and ‘B’ got 80 out of 100.
So in short, student ‘A’ and
student ‘B’ are over all equal.
In some questions ‘A’ is higher
than ‘B’, in some questions ‘B’ is higher than ‘A’, in others both are equal.
In the same fashion, taking the
example that since God has given man more strength - Suppose a thief enters the
house will you tell, ‘I believe in women’s rights - I believe in women’s rights’
- will you tell your mother, your sister and your daughter, to go and fight the
thief?’
No, but natural you’ll fight him
- If required they may interfere - Under normal circumstances since God has
given you more physical strength, you have to go and tackle the thief.
So here, in physical strength,
man is one degree higher than the woman
Let us take another example
where it comes to respecting the parents - The children are supposed to respect
the mother 3 times more than the father (as mentioned earlier).
Here the women have one degree
higher than the men - Over all both equal
So Islam believes in equality,
not identically - Men and women are over all equal in Islam.
This was in brief, the
highlights, of ‘the Women’s Rights in Islam’.
After this what the Muslim
society did is different - Many of the Muslim societies did not give the women
their rights and they deviated away from the Qur’an and the Sunnah.
The Western society is largely
responsible for this - because of the Western societies, many Muslim societies
have become over protective, over precautions and have gone to one extreme and
deviated away from the Qur’an and the Sunnah.
On the other extreme, some of
the Muslim societies turned to the Western culture, and followed their culture.
I want to tell the Western
society that if you analyze the women’s rights in Islam according to the Qur’an
and the Sunnah - you will realize it is modernizing and not outdated.
Dr. Zakir Naik's official website www.irf.net
for any research log www.kalamullah.com
suggest me in sultanempire@gmail.com
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