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Islam and Women PDF
Islam and Women PDF
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Islam and Woman 1
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Islam and Woman 2
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Islam and Woman 3
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Islam and Woman 4
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Islam and Woman 5
Table of Contents
Foreword
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Islam and Woman 6
Foreword
The issue of women’s rights in Islam has become one of the most
hotly topics of today. What is the status of women in Islam? What are there
duties and what rights do they enjoy? What limits have to be observed when
men and women interact with one another? What are the requirements of the
Hijab? Are women inferior in the eyes of Islam law? What is the nature of
the relationship between a husband and wife? All these questions have
invited a lot of debate and discussion in present times. Moreover, the rapid
changes which Muslim societies are undergoing today have served to
increase the tempo of this debate.
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issue. One of them is based on rigid religiosity and regards women as second
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rate citizens. The other is greatly influenced by the western society which
encourages extra-marital relationships and the free intermingling of men and
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women. Unfortunately, the golden mean between these two extremes seems
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to have been lost to the tide of time. According to it, man and woman both
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are equal as human beings; however, both have different responsibilities and
obligations.
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Both authors of this book hold that the massage of Islam portrays this
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status of women in the light of the Qur’an and also interpet the related
sayings of the prophet (sws) in the light of the Holy Qur’an, it is this very
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viewpoint that become manifest. Therefore, in this book, the Qur’an has
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been the main source of every deduction and the related sayings of the
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Prophet (sws) have been explained in its light. Moreover, the context of a
verse or a hadith has remained one of the basis of our interpretation.
Human endeavors can never be free of faults. So we would welcome
any criticism from our readers regarding the viewpoint presented.
While writing this book, we have benefited greatly from guidance of
our mentor Javed Ahmed Ghamidi, Mr Rafi Mufti and Manzoor-ul-Hassan
also offered immense help.
Finally, we pray to almighty Allah to open the hearts of the readers to
whatever is beneficial to them in this book and to save them from its
blemishes.
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Islam and Woman 7
N.B.
First edition of this book, in Urdu, was published in Feb 1998. Second
edition was published in July 2004. English translation of this book was
published in Feb 2002. Second edition of English translation was published
in April 2005. Hopefully third editions, both in Urdu and English, will be
published in 2010.
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Chap-1
Islam believes that a woman is not merely subject to man rather she
has her own separate and complete entity in all respects. She has an equal
right to that of a man to nourish her religions faculties, serve her faith,
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acquire education, get a job, do business, own something and benefit herself
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all respects. The religious aspect of this fact is described in the Quran as
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under:
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“For muslim men and women, for believing men and women;
for devout men and women; for men and women who are
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patient, for men and women who humble themselves; for men
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and women who give chastity’ for men and women who fast;
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for men and women who guard their chastity, and for men and
women who remember Allah much- for them all has God
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55)
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The Sura “Al-Nisa” basically deals with matters relating to money and
other issues that emerge out of the relationship of man and woman in
different capacities in a family; Immediately after the above quoted verse an
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Islam and Woman 9
article from the law of legacy has been described and next comes the
instructions about the mutual contacts of a husband and a wife. Hence the
context makes it clear that the above mentioned verse is related to the
worldly life and that a woman has equal rights to that of a man like acquiring
education, doing job or a business, deal of a property and even develop her
personality.
There are several other Quranic verses which make it clear that there
is no distinction between man and a woman on any grounds except in the
bearing of a responsibility (the detail would come in later pages). Both are
human beings and both have rights and privileges. God says:
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Verse: 195)
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Through Sura Al-Tawba, God has declared all Muslim men and
women as friends, companions and helpers of each other. Thus women are,
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in no way inferior to men rather they are friends of men and are equal to
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“The true believers, both men and women, are equal friends to
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each other. They enjoin what is just and forbid what is evil;
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they attend to their prayers and pay the Zakat and obey Allah
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of Islam like Abdullah-bin-Abass and Abdullah Bin Umar had been her
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students. Several people have related certain Hadiths through her reference.
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These include Salman Bin Yasir, Abad Bin walid and Nafei-Bin-Umar etc.
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Fatima Bint-I-Qais had been the tutor of the prominent scholars like Ibn-e-
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Hadith from the Syeda Nafisa, the grand daughter of Hasan, the
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Same was the case of the worldly knowledge and wisdom. For
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example among the female companions of the Apostle several were poetess
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serve Sahl Bin Saad and others with Salq and Maize when they
visited every Friday. (Bokhari)
The most authenticated books on Hadith like Bokhari,
Muslim, Abu-Daud and Ibni Mauja quote the statement of Jabir
Bin Abdullah who narrates about her maternal aunt. She was
divorced and was going through Iddat (the three months waiting
period after divorce during which a woman can’t marry). She
desired to sell out the fruit of her garden for her living. She
consulted the Apostle who advised her to do so as in that case
she would be able to give charity and do something for her
redemption. This makes clear that the women, during the
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pious Caliph and the wife of Zubair used to assist her husband in farming on
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Those days the women could freely take part in the trade and business
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ul-Sahaba Vol-4)
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women during the Prophetic period used to take part in agriculture, trade and
industry even without the assistance of their husbands. The wife of Abdullah
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Bin Masud was a good craftswoman. Once she told the Apostle that she was
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adept in different crafts and sold out her prepared goods. She inquired if she
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could spend her money on her husband and children as they have no other
source of income. The Apostle told her that she would get a reward from
God if she did that. It is also quoted in Al-Asaba Fil Tameez-al Sahabe
Vol4)
Once a woman named Khaula Bint-e-Saalba had a dispute with her
husband. Both of them presented their case before the Apostle who advised
the husband to keep himself away from her until the revelation of an
instruction from God. At this Khula told the Prophet of God that her
husband would’t be able to survive in that case as he was dependent upon
her for his living.
A woman named Qaila told the Apostle that she was a trader and
sought his guidance in the trade matters.
Another woman, Amira narrates that once she went to the market
along with her maid servant and bought a fish. Ali, the fourth Caliph of
Islam was also there who bought that fish from her.
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they proved their worth. For example Umar, the second Caliph of Islam
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After having known this fact that men and women are equal to each
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other with reference to religion, conduct and all human rights, some
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woman of human race was born from the ribs of Adam. Secondly, how can
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it be justified to say that men are leaders of women. Thirdly, whether the
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explain the first questions first now, the rest would be discussed in detail in
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There can be two possible explanations for the words, “From that soul
He created its mate”. First, this mate was created from that very soul and
second that its mate was created through its race. As per first possibility
Adam was created first and Hawwa was created out of him. Second
possibility shows that an image of Human being was created first and out of
that image Adam and Eve were created separately.
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“This verse conveys the sense that the wives are created
from the race of human beings and not from the ribs of their
husbands.”
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put love and kindness in your hearts. Surly there are signs in
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the light of the above quoted verses, the real sense of the matter becomes
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One hadith is related through the refrence of Abu Huraira and put
down in the book of Hadith like Bukhari Kitab Nikah, Kitabul Ahadis-ul-
Anbia and Muslim- Kitabul Razaat. The wording of the reference is different
every where as it was quite natural that a person heard something from the
Apostle and related it to a person of the next generation and so on. Thus this
Hadith reached the compiler of the book of Hadith two hundred years after
the death of the Prophet. It is obvious that the wording of the saying is not
the same when it passes through this process. The main motive behind all
this is to convey the sense understood by the listener. Thus it is important
and essential that every Hadith be understand in the light of the Quran which
is the most authentic and basic document of Islam. While studying Hadith,
all relevant Hadiths must be kept in mind and no separate meaning of one
Hadith should be derived in order to avoid any doubt.
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After this brief discussion it becomes easy for us to reflect upon the
above mentioned Hadith. The only narrator of this Hadith is Abu Huraira. It
seems as if the Apostle was advising the people to treat their wives well and
try to pull on with them. They should not try to mould them according to
some strict regulation and tackle them wisely. If their wives start
complaining, suspecting and creating problems for them, even they should
try to convince them and satisfy them with love and politeness. Therefore
the Apostle expressed the women’s psychology as like rib. If it is tried to be
straightenit it might break. Thus if a woman is pressed to lead her wife
according to some strict code of rules, it might result in divorce.
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and the Hadith are full of such examples and they always accord their
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talked about here. Every one knows the fact that women are not born from
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the ribs of men, rather they pass through all stages of birth like men.
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Islam that women is inferior to man and is subservient to him as she is born
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Chapter-2
The most important aspect in the social concept of Islam is the unit of
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family as the foundation of society. The family is formed of the sacred and
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pure relationship that there must not be any illicit contact between a man and
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a woman before marriage and after marriage the sexual contact must be
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limited to the husband and wife. This would save this beautiful relationship
from any kind of disintegration and the whole society would be based on
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solid grounds. (All those matters will be discussed in the chapter titled
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“You shall not draw near to adultery, for it is foul and its way is
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evil.” (Al-Isra17:32)
Therefore, under this guideline, God determined such manners for the
mutual contact of men and women which would save the society from
becoming sex-free and morally bankrupt and the social requirements and
interests also remain intact without imposing undue restrictions upon
women. These manners manifest the Islam’s concept of modesty.
From a women’s point of view all men can be divided in three
groups. First group includes the close relatives like father, husband, brother,
son, uncle, nephew, grandfather, father-in-law etc. second group includes all
remote relatives, family friends, work mates, teachers, students, class
fellows, neighbors, physicians, co-travelers, domestic servants etc. Third
group is comprised of all those who have no connection with a woman in
ordinary circumstances.
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The places can be categorized into two circles. The first circle is her
own home and the houses of her close relatives. Second circle has the places
like the houses of her remote relatives and friends while the places like her
office, educational institutions, business centers, hospitals, hotels, restaurant,
public transport like bus, train and aero plane etc.
For all above categories and circles Islam has maintained such
appropriate manners which help the society get protected from any
illegitimate act and do not cast any obstacle in the path of a woman.
Therefore, first the Quranic teaching regarding the men’s circles will be
described here which says that woman can appear freely and causally before
her close relatives without any restriction even with all her adornments.
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However, the manners pertaining with modesty and common sense must be
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observed.
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their sons, their steps sons, their brothers, their brother’s sons,
their sister’s sons, their own, women and the slaves they posses,
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The above verses also mention slaves. Later in this book, we shall
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present Islam’s point of view about slaves. Besides this, the words “male
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towards the male servants who are so deep under the influence of a family or
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the woman herself that they can’t even think of any sexual contact.
Obviously, the category of the domestic servants seems a bit vast and
broad. It is so because the Quran, intentionally uses the words with different
shades of connotation so that it should be easy to act upon them in all
circumstances.
It is advisable for others to seek the permission of the husband and
wife before entering their room when they are alone inside:
“Believers let your slaves and those who have not come
of age ask your leave when they come in to see you on three
occasions: before the morning prayers, when you have put off
your garments in the heat of noon and after the evening prayers,
These are the three occasions of privacy. And when they have
reached the age of puberty, let your children still ask your leave
as their elders do. Thus Allah makes plain to you His
revelations. He is Wise, Knowing.” (Al-Nur 24, 58-59)
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Next we discuss about the people of the second circle who are
frequently in contact with a woman owing to relationship, family contacts
and business affairs though not closely related to her. Obviously such a
meeting can take place either at home or at a public place. When a person
from such a circle visits another person, he must introduce himself before
entering the house and should only enter if he is allowed for that. It is
obligatory upon all men and women to wear a modest dress on such
occasion and show modesty through their looks and style. The women
should not reveal their adornments, rather conceal them if possible. They
must draw their shawls upon their bosoms but the old women are exempted
from this binding. If they have put on a jewellery causing sound, they should
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The real motive behind these instructions is the care so that such
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meeting and conversation should not breed any lusty feeling. However, any
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With in the limits mentioned above men and women can even dine
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together and enjoy all social and recreational activities. There are no undue
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particular place must be abided by). Men and women just have to keep in
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That will be best for you. If you find no one in them, do not go
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inside till you are given leave. If you are refused admission, you
should go away; Allah has knowledge of all your actions. It
shall be no offence for you to seek shelter in uninhabited
dwellings which can be of use to you. Allah knows what you
hide and what you reveal. Say to the believing men to turn
away some of the gazes and to restrain their sexual desires. This
will make their lives purer. Allah has knowledge of all their
actions. Say to the believing women to turn away some of the
gazes and to preserve their chastity; to cover their adornments
except such as are normally displayed; to draw their shawls
over their bosoms ………………… And let them not stamp
their feet in walking so as to reveal their hidden trinkets.
Believers, turn to Allah together in repentance, that you may
prosper.” ( Al-Nur 24, 27-31)
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Islam and Woman 18
These verses are very clear. However a few words require our
attention a bit more. “Ask for owners’ permission “means to introduce
oneself and show identity. One should introduce oneself at the door, wish
peace to the dwellers and seek permission to enter the houses. “Houses
“means the dwelling places where one’s family lives. It is an established fact
that there was not a practice of having drawing room for male guest during
the days of the revelation of the Quran. Thus a guest allowed to enter the
house can see all inhabitants.
“Uninhabited dwellings” mean the places like shops, inns, hotels,
hospitals, educational institutions, offices and drawing rooms for male
guests.
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“Turn away some of the gazes “mean not to cast bold and lusty
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glances upon others. God does not want to impose restriction upon anyone to
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dress that covers one’s body in the desired sense. Obviously this instruction
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The word “adornments” means all the things worn by women upon
their bodies for the purpose of beautification like jewellery and embroidery.
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The women are directed not to reveal their adornments when they are
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together with men at public places. There is an exception here that she has to
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conceal only those adornments which are normally not visible. We can
observe that the words used in the Quran are the most appropriate ones and
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Islam and Woman 19
continue this practice as it has become a symbol of the muslin culture and it
is a precautionary measured too.
However, it is a fact there the Quran issues no clear instructions in this
regard otherwise the direction of covering bosoms could have been coupled
with covering of heads too. Thus covering of head is desirable but not
compulsory in shariah. (All references relating to this issue will be discussed
in the forthcoming chapters)
The words “let them not stamp their feet in walking so as to reveal
their hidden trinkets” convey the sense that even the hidden adornments
should not be revealed. A woman should walk so gracefully before men that
her adornments and the features of her body must not be revealed.
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questions arose in the society. One such question pertained with the
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members of family by some kind people who settle them in their homes.
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Second question pointed out the situations when women are bound to dine
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“It shall be no offence for the blind, the lame, the sick
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Hence it becomes evident that Islam does neither puts any restriction
on social contacts and liberties nor limits them, rather intends to strengthen
them. It desires that people should meet mutually and dine on individual
levels as well as collectively in the public meetings. This verse mentions
men and women relatives and family friends together. Obviously they can
exchange their views in a graceful and modest way on such occasions.
There is another important issue. Do the old women and the
spinsters too have to follow the restrictions imposed upon other women?
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There was an elaboration revealed in this context that they too should
notreveal their adornment yet they are not bound to observe the taking of
shawl. However, it is desirable that they should take care in this regard.
Next are the men for the third circle who have, generally no direct
link with women. It is obvious that such an interaction can take place only
in some street, market or any other unfamiliar spot. The Quran has laid down
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the guidance at different places on its pages in this context. These principles
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direct men and women to avoid any kind of vulgarity, moral misconduct and
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admonishes you so that you may take heed. ( Al-Nahal 16: 90)
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These instructions are for men and women alike. The Apostle drew
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the attention of the muslims to the sideof this issue from time to time. For
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example the Apostle forbad men to cast the second glance polluted with lust
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upon women if they see them by chance anywhere, rather they should
continue with their business without disturbing and causing trouble for the
female passers by. There is a Hadith related by Jareer:
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“The Apostle told Ali, ‘Do not cast the second glance
after the first glance taken per chance. First glance can be
pardoned but the second glance is disallowed.” (The Muslim
kitab-ul-Adab)
This instruction of the Apostle is also related with the strangers and
female passers by as the persons in the second circle may have to talk to
each other with the eye contacts. In the same way the Apostle directed the
women also to wear a modest dress in streets and bazaars.
“The Prophet said that the women who remain naked
even after they have put on clothes, tempt others and get
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camels while walking, will not at all enter the paradise nor will
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We know that instructions for the apostles of God are different from those
for other persons. In some cases they are imposed more restrictions upon
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while they are relaxed in some other cases so that they can easily perform
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their duty as an Apostle. This is why the code of law for the Apostle
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Muhammad (PBUH) was quite distinguished from that of other people. For
example tahajjud (midnight prayer) was obligatory upon him while it was
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not binding for others. In the same way the laws of marriage and divorce for
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him were also different from those meant for rest of Ummah.
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Being the wives of the Apostle, certain laws for them were also
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different from those for other women, it was so because they were entrusted
with the duties of educating other Muslim women.Thus for the
accomplishment of these duties, they were imposed upon stricter regulations.
For example they were directed to stay at their homes so as to accord any
guidance needed by any women at any time. They were also not allowed to
reveal their adornments before others. They were not allowed to remarry
after the death of the apostle and they were declared as the mothers of all
Muslims. They were imposed upon certain other restrictions to keeping in
view the circumstance. They were directed not to show mildness in their
conversation while talking to other men. They were asked to talk to other
men nothing more than it was required. In the same way all outside the
closest circle were prohibited to enter the homes of the apostle unless invited
for food. They were advised to leave the homes of the apostle immediately
after having taken food. All these instructions have been revealed in Al-
Ahzab.
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The apostle used to see all visitors in mosque. Each wife of the
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Prophet had her separate room adjacent to the mosque and just a curtain
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partitioned both the places. Keeping of drawing rooms for the guests was
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not a practice those days. The hypocrites pretending to leave for drinking
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water, used to enter the house of the Apostle without permission. While the
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apostle had been in the mosque with visitors, they used to demand some
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eatable from the wives of the apostle and take liberty with them in order to
scandalize the matter. Following these hypocrites some Muslims started
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committing the same therefore God forbade all to observe the practice.
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faithful than they have on each other. His wives are their
mothers. Blood relation is closer to one another in the book of
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Prophet for a meal without waiting for the proper time, unless
you are given leave. But if you are invited, enter; and when you
have eaten, disperse. Do not engage in familiar talk, for this
would annoy the Prophet and he would be ashamed to bid you
go; but of the truth would Allah is not ashamed. If you ask his
wives for anything, speak to them from behind a curtain. This is
more chaste for your hearts and their hearts. You must not
annoy Allah’s Apostle, nor shall you ever wed his wives after
him, this would be a grave offence in the sight of Allah………
if the hypocrites and those who have disease in their hearts and
the scandal-mongers of Madinah do not desist, We will rouse
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you against them and they will be you neighbors in it only for a
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Whosever studies the above Quranic verses with his mind as a clean
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wives of the Prophet. In fact the Quranic words are so clear that they leave
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no ambiguity:
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“Wives of Prophet, you are not like other women”. Some people still
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believe that the general muslim female community has been addressed here.
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style just as a noble person advises his child in this manner, ‘My son, you
are not a street boy; you must not abuse anyone. The second argument says
that since some of the instructions in the verses e.g the observance of prayer
and alm-taxes etc are meant for all Muslim women, in the same way these
instructions also deal with the general lot.
We, disagree with both the arguments. Talking on the first argument,
we must keep in mind that no one else can have better command on Arabic
than God. It can not be even doubted that the meanings desired by God are
not conveyed by the vocabulary chosen by Him and thus convey an
ambiguity in the minds of the readers. It is beyond possibility that God uses
ambiguous words while issuing forth such an important instruction.
Secondly, it is explicit through the Surah itself that these revelations
are meant for the wives of the Prophet:
“The Prophet’s wives are the mothers of all the
muslims.” (Al-Ahazab 33:6)
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in the Verses 50-52. And the special laws formulated for the
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Prophet and his wives have been highlighted. These laws are
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scandalize the personal life of the Prophet and his wives. For this purpose
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they maneuvered to take liberty with the wives of the Apostle. Thus, in order
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to prevent them from accomplishing their evil designs the wives of the
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Prophet were ordered not to be frank with anyone else and avoid being
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exclusively meant for the Prophet’s wives because Islam’s general moral
instructions teach everyone to talk in a soft, nice and sympathetic way with
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and tone.
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Next is the instruction, stay at your homes’. It means that it was the
status of the Prophet’s wives to avoid roaming around and go in the general
functions like other women. The reason for this restriction has been
described in the Quran. Since the real job of the Prophet’s wives was to
receive direct guidance from the Prophet in all matters and impart it to all
women. Thus it was necessary for them to be available at their homes
whenever needed by the muslims women. The Quran relates it in such a
manners:
“And promote the teachings of Allah’s revelations and
the words of wisdom acquired by you at your homes.”
Obviously this was an exclusive order for the Prophet’s wives because
an ordinary woman has no binding in going to market, having recreation and
participation in functions.
Next is the instruction:
“Do not reveal your adornments like the past days of ignorance.”
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Obviously, being born with the nature of a woman, they would try to look
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Next came the instruction that, ‘if you ask for anything from the
ve .a
Prophet’s wives, speak to them from behind the curtain.’ This instruction
da l-m
attached a distinguished status to the house of the Prophet and all people
hm a
was adjacent to the mosque and just a curtain partitioned the both. The
g h d .o
hypocrites, with an aim to scandalize the life of the Prophet and his wives
am rg
tried to get a glimpse of the holy ladies without letting them know before
hand. They also entered the houses of the first ladies on the plea of drinking
id
water or for anything else. Some naïve Muslims also started following this
i.c
practice. Thus all people except the closest relatives of the ladies were
om
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Islam and Woman 27
The verse is named the verse of Hijab because a curtain was drawn
between the Prophet’s wives and the mosque and peole were not allowed to
cross it. The same meanings have been taken in the references of the Muslim
and the Bukhari. It shall be discussed later in this book in deatal.
During the prophetic period, several Jews and hypocrites used to live in
w
Madina and its outskirts. Whenever Muslim women passed from their
w ww
localities, the mischievous ones among them used to pass remarks on them
.j a w
and tried to embarrass them. Later they used to make an excuse that they had
ve .a
mistaken them for their women. A detailed analysis of the michiefs of the
da l-m
Jews and the hypocrites has been revealed through Al-Ahzab. In this
hm a
context, the Muslim women were advised to take a big and long cloth as
shawl over their clothes while passing through an unsafe place like the one
ad wri
Those days it was a common practice among the nobility of Arabia that
am rg
women used to cover their heads and bodies with the help of a big shawl in
order to get protected from the morally distracted people. The Quran, thus
id
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Islam and Woman 28
give relaxation. Obviously the gravity of a risk is not the same every where.
Some places are quite safe. There is also a difference between familiar and
unfamiliar places. The situation with a woman also makes difference. A
woman with a lot of luggage and accompanied by children finds it
inconvenient to cover herself with a large shawl. Age of a woman is another
factor that counts. These were the reasons for which words with vast
meanings have been used in the Quran. Otherwise God was not short of
words.
Next are the words, “ So that they may be recognized.” These were the
instructions so that they may be recognized as modest woman at strange
places. It is already stated that the women of noble families used to take a
w
large shawl known as ‘Jalbab over their heads and clothes even before
w
Islam. It is general impression that the Pre-Islamic Arab Society was morally
w ww
bankrupt. The fact was contrary to this. The women of some families
.j a w
belonging to lower classes had no doubt flaws in their characters but female
ve .a
community of the noble families used to observe all moral values even
da l-m
before Islam. The poetry of that period refers to this factor at length. Thus
hm a
God desires that women should wear the dress worn by modest women of
any society while passing through unsafe places.
ad wri
Next words, ‘so that they may not be molested’ make it clear that the
g h d .o
their adornments and protect their chastity even at these places. Like men,
i.c
Next are the words, ‘the hypocrites and those who have disease in
their hearts and the scandal-mongers of Madinah.’ These words prove
that the above mentioned instructions to women were meant to counter the
propaganda of the hypocrites, enemies of Islam and trouble-seekers. The
above given explanation highlights the point that the verse 59 of Al-Ahzab,
in fact directs the Muslim women to wear a civilized and graceful dress
which is in vogue in their society so that the vulgar people may not get an
opportunity to tease them. Hence, this is not a permanent part of the
instructions in the context of “the manners for correlation of men and
women”, rather this is a precautionary measure to be observed in extra-
ordinary circumstances.
Man-women correlation: Description and justification of the
references:(Hadiths)
We observe that the Quran has laid down vivid instructions about the
correlation of women and men in a mulim society. When we consider all
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Islam and Woman 29
187)
.j a w
if husband and wife should also take care of their dress and should conceal
da l-m
their bodies from each other but these references are not reliable. The first
hm a
This Hadith has also been quoted in Kita-ul-Nikah of Ibne-e-Majah and has
i.c
Hadith.
Second is the question what care a woman should take in her closest
circle other than her husband regarding her clothes. The Quran allows a
woman to reveal her adornment in her closest circle. It proves that a woman
can appear before the men of her closest circle in a casual dress. She may
keep her head uncovered. She can tuck up her trousers from ankles and her
shirt from elbows. A Hadith is quoted in Abu-Daud that once the apostle
visited his daughter, Fatima along with a servant. She had a shawl not large
enough to cover her head and feet both. The Prophet, on seeing her in
difficulty told her not to worry as she was just before her father and a slave.
According to another reference of the Muslim and Bukhari once the
Apostle visited Fatima, his daughter and Ali, his son-in-law. It was night and
the couple had gone to their bed. They were wrapping a cloth around their
bodies which was not long enough to cover their heads and feet. The Prophet
stayed with them for some time in this state too.
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Islam and Woman 30
“A woman, after having attained puberty should not reveal any part of her
w
This Hadith has been quoted by Abu-Daud in his book “Murasil”. The
.j a w
name of the book itself makes it clear that the middle link in the narration is
ve .a
between the two above quoted references. The first reference relates that a
woman is allowed to open half of her arms while the second reference talks
ad wri
As per third reference related by Ayesha, the Prophet’s wife, once she
am rg
appeared before her nephew, Abdullah Bin Tufail with her adornments and
the Prophet disapproved it. She argued that Abdullah was her nephew. The
id
Prophet said, “A woman must not reveal her body except her face and her
i.c
arms from the point of their grip up to middle of palm.” This Hadith has
om
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Islam and Woman 31
Fifth reference says that once a woman named Hisfsa visited Ayesha
with a thin cloth as a shawl. Ayesha tore it into pieces and gave her a thick
shawl to take over her clothes.
This reference has been related by an unknown woman named Umm-
i-Alqamah and recorded in Mauta Imam Malik. It is also a weak reference. It
must also be kept in mind that it is just the incident to the prophet’s wife
which exhibits her taste and the Prophet is nowhere mentioned in this
reference.
At times, a sixth reference is also quoted. “The women who remain
naked even after having dressed themselves up are cursed by God”
But this reference has not been recorded in any book of Hadiths.
w
discussion and making an analysis of the next five weak references, it shows
w ww
that a woman can appear in her closest circle in a frank manner and there is
.j a w
no restriction upon them except the rules of the time and the traditions of the
ve .a
society.
da l-m
family friends and work-mates. The Quranic order in this context have
been already presented through Surah Al-Nur, verses 27-31. Now we shall
ad wri
recorded in the Muslim and the Bukhari once a very beautiful woman visited
am rg
the Prophet for some query in religious matter. At that time a handsome
young man Fazal Ibn-e-Abas was present there. Both Fazal and the woman
id
had repeatedly eye contacts with each other. On seeing this Prophet turned
i.c
This Hadith makes two things clear; the woman had her face
uncovered and the Prophet taught the manner for being in the society of a
woman.
Another incident is relatd by Jabir and quoted in the Muslim and other
books. Jabir related that once on Eid prayers the Prophet, after preaching the
men went to the female side and gave away his pieces of advice. On hearing
them, a woman turned faded and her complexion grew dark and she
further put a question regarding that matter. It is evident that the woman had
not covered her face so that Jabir was able to witness her facial expression
and relate it afterwards.
Another Hadith is related by Sahl Ibne Saad and has been recorded in
the Muslim and Prophet and Bukhari. Once a woman come to the requested
him to marry her. The Prophet looked up towards her and his eyes stayed
there for some time and then he kept his eyes low. It that the woman had not
covered her face.
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Islam and Woman 32
present in the Prophet’s mosque for the Fajor prayer were taking in the
w
shawl. The point to be noted here is that those women were taking shawls on
w ww
their bosoms instead of Jalbab because they were at a safe place. This Hadith
.j a w
Hijrah. Some of the delegates gave their performance for recreation on Eid
day. The Prophet let Ayesha see that performance. This indicates that
ad wri
women can watch players and can enjoy under the instructions of Al-Nur.
g h d .o
Tirmizi and other books have recorded a Hadith. Mughira Bin Shaaba
am rg
relates that once he proposed a woman for marriage through some one. The
Prophet advised him to see her first as it would have been better for both of
id
Abu Huraira relates that once he was sitting with the Prophet. A
om
resident of Madinah came and told the prophet about his intention to marry a
local woman. The Prophet asked him if he had seen his proposed wife. The
man answered in negative. The Prophet advised him to see her first as the
madinites had, generally squint in their eyes. This Hadith has been recorded
in the Muslim, Nisai and other books.
According to a reference in Kitabul Nikah, Abu daud, Jabir bin
Abdullah relates that the Prophet said, “whosever intends to proposed to a
woman should possibly see her first whether she has something to attract the
man to marry her”
The above instructions can only be implemented when there is a
society practicing the directions laid down in Sura Al-Nur and covering of
face in a safe place is not observed. If a woman covers her face all the time,
it would not be possible for her to reveal her face to the suitor specially
when the chances of getting the proposal materialized or not are equal.
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Islam and Woman 33
We can also infer through the Quranic instructions that a man may
propose a woman for marriage even directly. It has been told with clarity in
the verses 234-235 of Al-Baqara that a woman becoming a widow must not
marry till she spends a four months and ten days. After the lapse of this
period she can marry again. Then men are informed that they may express
their intentions of marriage before such a woman during this period in an
indirect way and can marry them after the stipulated period of wait is over,
with their consent.
Obviously, this instruction can be acted upon when the men and
women had opportunities of meeting each other:
“And those of you who die and leave wives behind, such
w
wives should keep in waiting for four months and ten days after
w
their husband’s death. When they have reached the end of their
w ww
them in your hearts. Allah knows that you will remember them.
Do not arrange to meet them in secret and, when you propose
ad wri
that a woman owned her farms and fruit gardens. She used to grow
vegetables near the bank of freshet. On Friday, when Sahl and some other
Prophet’s companions visited her, she used to serve those vegetables and
maize to eat.
According to a reference recorded in the Muslim and Bukhari a
companion of the Prophet Abu Usaid Saadi invited the Prophet and his
companions on a marriage party. The food was served by Umm-I-Usaid, the
wife of the host. She soaked some dry dates in a stone utensil for the whole
night before the party and served it as drink to the Prophet after he had eaten
the food.
According to a reference from the Muslim a woman named Faitma
Bint-I-Qais was divorced. She did not know where to spend the waiting
period of four months and ten days. The Prophet first suggested her to live at
the house of Umm-I-Shareek as she was a rich woman and famous for her
hospitality. But the Prophet changed his mind by saying that she wouldn’t
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Islam and Woman 34
restriction upon the interaction of men and women within the code of
w
isolation with each other lest they should melt away. The husband’s brother
ve .a
can live in the same house, chat and dine together with their brother’s wife
da l-m
but should not stay alone with her in a bedroom. Some people argue that the
hm a
woman should cover her face in front of her brother in Law but it is not
mentioned at all in the Hadith.
ad wri
present, the visitor may enter with the prior permission of the housewife. It
am rg
is advisable that he should take one or two reliable persons with him in order
to avoid any misunderstanding.
id
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Islam and Woman 35
requested the Prophet to pray for the fulfillment of her desire. The Prophet
w
told her that she would be among the leading ones. It is said that afterwards
w ww
Muslim, Anas relates that on the day of the battle of UHAD Ayesha and
hm a
were visible.
g h d .o
she along with other women used to participate in war by rendering the
services like providing drinking water to the soldiers, shifting the wounded
id
she had been with the Prophet during seven battles. She used to look after
the tents of the soldiers, cook food for them, look after the wounded and
provide medicine to them.
It should be kept in mind that during the Madinite period, war was a
matter of routine as the enemy had been always busy in hatching up
conspiracies against the new Islamic state. Thus it was necessary for the
assisting women to identify all Muslims as otherwise they could not have
been able to make a difference between Muslims and the enemies because
there was no distinction of dress and the battle were also fought hand to
hand. In the same way the same duty can be performed today after having
acquired necessary training. It is necessary to observe the instructions of Al-
Nur but more restrictions would make this service impossible.
In the previous pages, we have analyzed all Hadiths recorded in the
most authentic books of Hadith like the Muslim and the Bukhari in the
context of man-woman interaction. It is noteworthy that there is no
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Islam and Woman 36
In fact this is a very weak and unreliable reference because one of its
.j a w
relaters same saeed Bin Rashid was unreliable according to Imam Bukhari
ve .a
and Imam Nisaiwas the case of another relater i.e Abad Bin Kaseer.
da l-m
Second Hadith has been recorded in Abu Daud and Ibn Majah.
hm a
has recorded the name of Ibn Juraish who used to impart Hadith after
having collected from the unreliable sources. Thus this is also a weak
id
Hadith.
i.c
be naked because you have angels with you with the exception that
when you visit your wives or go to the toilet. So respect
angels.”Tirmizi expresses that one of its relaters, Bass Bin Abi Salim
was suffering from forgetfulness.
Next is the reference recorded in Abu Daud and Tirmizi. Jarhad
Aslami, one of the companions of Suffah relates that one day he was
sitting in the company of the Prophet with open thighs. The Prophet
disliked it and said, “Don’t you know your thighs are to be kept
concealed and close?” Al-Mujam-al-Kabir, after having writing down
this Hadith expresses that it is not considered authentic one because
some of its relaters are not reliable.
However, if this Hadith is considered authentic even then it
merely proves that no one should keep his thighs open in a mosque.
As we know that the companions of Suffah used to stay in the mosque
of the Prophet for the acquisition of knowledge. The Prophet was, in
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Islam and Woman 37
fact teaching the people at that time when Jarhad’s thighs were open,
so the Prophet drew his attention towards it. It does not mean that
thighs can not be opened in any case.
After having analyzed all these Hadiths, now we find out what
has been said in the Quran regarding manners of dress. Quran
discusses this matter in Al-Aaraf-7: 20-33. We can get an impression
about the desired meaning of the Quran through the study of above
mentioned verses.
According to the Quran, the Satan seduced man, first of all,
through nakedness and the guilt of sin was realized by Adam and Eve
after they became naked in front of each other. The Quran then
w
conceal their parts of shame and to make them look nice. The dress
w ww
worn in the fear of God is ideal. They must avoid being watched
.j a w
naked as it is obscenity. They must wear modest and full dress while
ve .a
they are in mosque. They can adorn themselves but should not wear
da l-m
obscene dress:
hm a
them, saying: ‘Did I not forbid you to approach that tree, and
did I not warn you that the devil was your sworn enemy?’ They
replied: ‘Lord, we have wronged ourselves. Pardon us and have
mercy on us, or we shall surely be among the lost?”
…………………………
“Children of Adam! We have given you clothing with
which to cover your nakedness, and garments pleasing to the
eye, but the finest of all these is the robe of piety. That is one of
Allah’s revelations. So that they take heed. Children of Adma!
Let the devil not deceive your, as he deceived your parents out
of Paradise. He stripped them off their garments to reveal to
them their nakedness. He and his companions see you whence
you cannot see them. We have made the devils supporters of the
non believers. When they commit an indecent act, they say:
‘this is what our fathers used to do before us. Allah Himself
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Islam and Woman 38
(Al-A’raf-7,20-22,26-28,31-33)
ve .a
is modest and covers the whole body except the parts used in
am rg
performing the necessary works like face, head, hands, feet, and the
arms partially. The dress should conceal the human parts of shame.
id
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Islam and Woman 39
the Bukhari the Prophet invited people on dinner arranged at his home
w
in connection with his marriage with Zainab. After having eaten the
w ww
food, the people remained busy in chat for a long time. Zainab, the
.j a w
due to their presence. The Prophet realized it. In order to show his
da l-m
disapproval of their overstay, the Prophet cam out of the house. After
hm a
some time when he re-entered the house, people were still there.
However, they realized their mistake and dispersed. After a while, the
ad wri
Prophet came out of the house and related the just revealed Quranic
g h d .o
The above quoted Hadith reveals the real motive behind the
verse of Hijab. It also proves that this verse was only meant for the
id
Prophet’s wives. Anas tells that after the revelation of this verse,
i.c
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Islam and Woman 40
Anas relates through the Bukhari that once he and Abu Talha
were accompanying the Prophet in a journey. The Prophet was on a
camel’s back along with wife Safia. The Camel got unbalanced and
fell down. Consequently the Prophet and his wife fell down as well.
Abu Talha approached the |Prophet and enquired if he was alright.
The Prophet asked him rather to make care of Safia. Abu Talha
covered his face and approached Safia. He put a cloth on her and she
got up.
special status. Other men were not allowed to visit their homes. The
w
respected even when there was an unusual situation while they where
.j a w
outside homes. They did not cast their glances on them so as to avoid
ve .a
any scandal.
da l-m
Ayesha relates, as recorded in the Bukhari and the Muslim that once
hm a
she was traveling in the company of the Prophet. When the Carvan set out,
she lagged behind by chance. On finding that the caravan had left she sat
ad wri
down. She was so overpowered by sleep that she could not resist. In the
g h d .o
morning when Safawan Bin Mtal passed from there by chance, he identified
am rg
Ayesha as he had seen seen her before the revelation of the verse of Hijab.
He recited a Quranic verse. Ayesha woke up on hearing voice and covered
id
The above mentioned Hadith reveals the care taken by the Prophet’s
om
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Islam and Woman 41
Utbah claimed during the last moments of his life that the particular boy was
his son. When this petition was filed in the court of the Prophet he dismissed
it and laid down a legal statute that the son belongs to the person on whose
bed he took birth. Since the boy had a close resemblance with Utbah, the
Apostale advised Saudah not to allow that boy to enter her house.
Though the brothers of the Prophet’s wives could enter the houses of
their sisters as laid down in Al-Ahzab; verse-55 but the relationship of that
boy with Saudah as her brother had become a dubious matter (surely the
Prophet would have been intimated though revelation that the boy was not
the real brother of Saudah). This was the reason that Prophet advised Saudah
to observe Hijab from that boy.
w
part of it says that two paternal cousins of Zainab, the Prophet’s wife came
w ww
to the Prophet with the request of some job. They were sitting with the
.j a w
Prophet out side his room while Zainab was inside it. When needed Zainab
ve .a
talked to them from behind the curtain. Thus it proves that even the paternal
da l-m
and maternal cousins were not allowed to come before the Prophet’s wives
hm a
Ayesha’s father came to her house and sought her permission to enter.
g h d .o
Ayesha was a bit reluctant as she was not clear whether a foster uncle comes
am rg
in the closest cirlcle in the light of verse 55 of Al-Ahzab. The Prophet told
Ayesha that a foster uncle is like one’s father.
id
Zainab, when the Prophet was entering his room, Anas also tried to
om
accompany him. The Prophet forbade him to enter as Al-Ahzab had already
been revealed and consequently he remained outside.
According to a Hadith recorded in the Muslim and the Bukhari, once
Saudah, the Prophet’s wife went outside her home. Umar Bin Khitab, on
seeing her, checked her and expressed his disapproval. Saudah, complained
before the Prophet who told her that she could come outside her home to
meet some necessity. Obviously. Umar had a confusion regarding the
interpretation of the instructions issued through Al-Ahzab which was
clarified by the Prophet.
According to a narrative registered in Kitabul Fazal of the Muslim and
the Bukhari the Prophet was sitting inside his room once. Some women from
the Quraish sitting in the company of the Prophet and were talking loudly.
Umar came there and sought the Prophet’s permission to enter the house. On
being granted the permission to Umar, the women sitting there ran away and
hid themselves behind a curtain. The Prophet smiled on watching all that.
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Islam and Woman 42
On the enquiring of Umar, the Prophet told him the whole story, Umar spoke
loudly to those women and said, Enemies, of your souls.! You should rather
fear the Prophet more than me.’ The women replied; you have a hot temper
while the Prophet has polite temperament.
The above incident is enough to show the difference between a
religious principle and one’s temperament.
According to another narrative Umm-i-Salma relates through Tirmizi
and Abu Daud that once she was sitting with the Prophet. Maimoonah or
Ayesha was also present. A Prophet’s companion, Ibn Maktoom came there.
The Prophet directed both the women to go behind the curtain. Umm-i-
Salma pleaded that Ibn Maktoom was blind man and thus he could neither
w
see them nor identify them. The Prophet asked, “Are you both blind too?
w
Quran chapter 12, page 228) Tirmizi has declared it not that weak. But Hafiz
hm a
Zabibi says that other scholar’s don’t accept the verification of Tirmizi as
most of his approved Hadiths prove to be weak on later ascertainments
ad wri
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Islam and Woman 43
years old.
w
In the same way several Arab women used to cover their faces with
w ww
veil and women of noble families used Jalbab’ while going outside even
.j a w
before Islam. The pre-Islamic Arabic poetry testifies the above fact. A poet
ve .a
Another poet, Rabi bin Zaid says in an elegy written in the memory of
g h d .o
Malik:
am rg
Maulana Ameen Ahsan Islahi puts down a verse of a poetess from the
i.c
tribe Huzail on page 269: vol -6 of ‘Tadabbar-i-Qura’ with the similar sense.
om
Thus some women used to cover their faces and took ‘Jalbab’ even
during the normal circumstances before the revelation of the Quran as well.
Islam neither bade for anything nor forbade to do so because it has a policy
of abstaining from interfering in the existing social practices of any society
to the maximum possible level. Therefore Islam brought slight reformation
by advising women to take ‘Jalbab’ at unsafe places. Rest was left as it was
previously.
Therefore, now some relating Hadiths would be analysed.
According to a narrative recorded in Kitab-al-Jihad of Abu Daud a
woman, Umm-i-Khalad lost her son in the war of Uhad. She came to the
Prophet for enquiry about her son with her face covered. Some companions
of the Prophet expressed their surprise over her veiled face while she was
enquiring about her son. She answered, “I have lost my son, not my
modesty”
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Islam and Woman 44
The first thing in this context is that it is a weak narrative. One middle
narrator of this Hadith. Farj Bin Fazalah was, to the experts of Hadiths, an
unreliable man who used to narrate wrong narratives. Thus his narratives
cannot be accepted (Al-Jarah-w-al-Taaded, vol-7: 86 and Tareekh-al-kabir
vol-6: 137)
However, if the above incident proves to be true, it only ascertains one
thing; Ummi-Khalad was one of those women who used to cover their faces.
Further, this is the incident of the Battle of Uhad when neither Al-Nur nor
Al-Ahzab had been revealed as yet. Obviously, this incident does not
become a precedent for the observation of veil. According to several most
authentic narratives innumerable women used to appear before the Prophet
w
The next narrative has also been registered in Abu Daud (Kitabul
w ww
carrying some request to the Prophet from behind a curtain. The Prophet
ve .a
inquired whether it was the hand of a man or a woman. She replied that she
da l-m
was a woman. The Prophet said that a woman’s hand should be at least
hm a
narrator of this Hadith, Safia Bint Asmah was an unknown and hence
g h d .o
this narrative, Muteei bin Memoon was also an ureliable narrator. (Taqreeb-
al-Tahzeeb Page 399)
id
The inner evidence of this Hadith also makes the incident doubtful. It
i.c
seems strage that the Prophet did not know that it is always a woman who
om
can hand over something from behind the curtain. Further more it also gives
an impression that coloring of hands with myrtle is compulsory for every
woman whereas it is not at all assential according to the religion.
The next narrative is registered in Kitab-al-Hajj of Mauta Imam
Malik. It gives the narrative of a female successor of the companions of the
Prophet, Fatima Bint-i-Munzar that she along with other women covered her
face with her veil when she was wearing Ahram (the dress worn during Hajj)
Asma Bint Abu Bakar was also traveling in the company.
In fact the Prophet had ordered women very clearly not to take veil or
gloves during Hajj. So, the woman mentioned in the narrative wanted to
express that there was no harm in taking the veil on face if needed (for
intense heat or crowed of men). So they used to take veil on faces and even
Asma did not forbid doing that.
Ayesha relates through kitabul Hajj of Fath-al-Bari as under:
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Islam and Woman 45
“A woman should draw her Jalbab (the long cloth wrapped over
clothes) down on her face”.
It is also a weak reference as two of its middle links, Hushaim and
Aamash used to relate unreliable narratives (Taqreeb-al-Tahzeeb page 136,
365). Thus this narrative cannot be taken into account.
According to kitab-al-Bayan of the Bukhari Ayesha relates that the
Prophet had declared the witness of a veiled woman as valid.
It can be explained as such that a veiled woman should not be asked to
put her veil off to prove her identity when she presents herself in the court.
The judge may verify her identity in private or adopt some other measure. In
fact there were very few women during the Prophetic period who used to
w
take veil to cover their faces. Therefore, the Prophet had to say this about
w
them in special.
w ww
Khadree expresses that the Prophet was modest like a maiden in veil. He
ve .a
further says that we could observe the face of the Prophet when he disliked
da l-m
something.
hm a
modest man. Hence, this narrative is merely narrating a fact and not an order
g h d .o
of the religion.
am rg
but muslims were not clear about that. Thus some persons were
i.c
them said that she would be wife if kept behind the curtain otherwise
the case would be opposite. When the Prophet set out, he placed Safia
behind himself on the camel’s back and drew a curtain around her.
This narrative is making difference clear between the Prophet’s wives
and other women. The Prophet’s companions knew that the restrictions of
Hijab were only for the Prophet’s wife than the ordinary muslim women.
Since they could not confirm the Prophet’s marriage with Safia direct from
the Prophet due to hesitation, they judged the matter through the restriction
of Hijab for Safia.
According to a narrative of Tirmizi the Prophet says, “Devil watches a
woman when she steps our of her home”. This is also a weak narrative as
one of its narrators, Fatedah Bin Ramma used to exaggerate while narrating
a Hadith (Al-Naqdees by Ibn Dajar, page…… 102). An amportant point here
is that Mufti Muhammad Shafi has quoted this narrative in his book
“Ma’araf al Quran” vol-7, page 215 and has declared that according to
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Islam and Woman 46
Tirmizi this Hadith “good, and true but with single narrator”. In fact Mufti
Shafi has erroneously misquoted Tirmizi who does not use the word ‘true’
for this Hadith. It must be borne in mind that the narratives called as ‘good’
by Tirmizi are generally weak. Same is the case here.
According to a narrative of Tibrani the Prophet says. “Women should
not come out of their houses except in emergency.” It is also a very weak
narrative because its middle narrator, Sawar Bin Musa’ab was an unreliable
person. Imam Haismi declares the same (Majmah-al-Zawaba vol-2: page
200). Hence it is also a weak and unreiable narrative.
Ali narrates that once he was sitting in the company of the Prophet
with companions. The Prophet enquired of his companions, “What was
w
better for a woman?” The Prophet’s companions had no answer. Ali put the
w
same question to his wife, Fatima when he went home, Later. Fatima said,
w ww
‘It is better for women neither to see men nor be seen by them’. Afterwards
.j a w
Ali told the reply of Fatima to the Prophet who verified it and said, “She said
ve .a
it true; surely she is a part of mine.” Mufti Muhammad Shafi has quoted this
da l-m
another weak narrative because its narrators are not identified by the experts.
Imam Haismi, after quoting it in ‘Majma-al-Zawaied vol-4 4:255 and vol-9,
ad wri
page 330) says, ‘It has been copied by Bazaz and several of its narrators are
g h d .o
any narrator, the status of that narrative remains no more than a fiction.
Another narrative is attributed to Umar Ibn Abbas through Tafseer Ibn
id
Jareer vol-22)
i.c
“God has ordered women to cover their faces with their veils except
om
their eyes when they go out of their houses for some emergent business.”
This is a weak narrative. It has been narrated by Ali Ibn Tala’a with
the reference of Ibn Abbas whereas both had never met each other during
their life time. (Taqreeb-al-Tahzeeb: page 646). Another narrator of this
Hadith, Abu Saleh was not a reliable man to some experts (Tareekh-i-
Baghdad vol-9, page 481)
Through the above discussion, we have tried our level best to present
all narratives which are important with reference to the topic of man-woman
correlation. While pondering over these narratives, if they are studied free of
Quranic references, they seem to be conflicting very badly. They convey
their true sense and context only when studied in light of the Quran. This
technique also provides us an opportunity to segregate the authentic
narratives from the weak ones. It is important to note that during this
discussion only those narratives could find their true contextual application
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Islam and Woman 47
which were taken from the two most authentic books of Hadith; Bukhari
ande Muslim.
The stand of Maulana Maudoodi:
Maulana Maudoodi is one of those scholars who have influenced the
educated Muslims of today, the most. The authors of this book are
personally indebted to Syed Maudoodi as their religious spirit and an
inclination to reflect upon Deeen in the light of the Quran and Sunnah are
basically due to the influence of his writings. However, it is a fact that every
person is vulnerable to commit mistakes except the Prophet of God. Since,
the authors of this book disagree with the viewpoints of Syed Moudoodi; his
stand would be analyzed with all respect for him.
w
and vol-4 Tafseer Al-Ahzab.” His views in this regard can also be studied
.j a w
following points:
hm a
2. She will cover her head and bosom from the men of the
closest circle except her husband even inside the house.
id
3. A woman shall cover her face from all men except those
i.c
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Islam and Woman 48
“Wives of the Prophet! You are not like the notorious or street women”
,there could have been the possibility of generalizing their sense. But the
Quranic words, ‘ordinary women’ mean that there is a difference between
the Prophet’s wives and ordinary women.
Syed Maudoodi’s next argument in this context is that there is nothing in
particular for the Prophet’s wives in all the next Quranic instructions rather
they are all for ordinary muslim women. Whe have already explained that
the prayer and alms taxes are the only two things towards which even the
Apostle’s attention has been drawn distinctively though every one knows
that some of the orders for them are different from those meant for the whole
Ummah. So far as rest of the instructions are concerned like, “do not be too
w
complaisant in your speech” “stay in your homes” ‘do not display finery as
w
used to be done in the former days of ignorance” and “bear in mind the
w ww
revelations of Allah which are recited in your houses” , they are all related to
.j a w
the Prophet’s wives. Unlike this, instructions for ordinary Muslim women
ve .a
have been revealed through the same Surah and Al-Nur in particular.
da l-m
Syed Maudoodi, in this context did not consider that God is not
hm a
hostile to our faith and practice that He uses words of one kind which
conveys the sense otherwise. If God intended to issue these instructions to
ad wri
all Muslim women, He would have rather used the words of Verse-59,
g h d .o
“Prophet enjoin your wives, your daughters and the wives of true believers”
am rg
over here as well. If God has not used these words in verses 30-32, there
must be some sound reason for that.
id
should wrap their Jalbabs around their bodies so as to cover their faces while
om
going outside their homes. At the most they can keep one or both their eyes
open to see the way.
The Maulana has not paid the attention towards the context of this
sentence. He did not consider the justification of the criticism upon
hypocrites and the revelation of this verse. Secondly, why did the Quran not
use the commonly known word of ‘Niqab’ if it wanted women to cover their
faces whereas several women used to cover their faces even in that society.
Thirdly, why did the Quran not clearly asked women to cover their faces, if
it wanted to do so. Instead the words used are, “draw their Jalbab round
them”, which have a wider connotation. Fourthly, what do the adjacent
words, “so that they may be recognized and not molested” mean? Is it
necessary to cover one’s face in a society where a woman who wraps herself
with Jalbab and leaves her face uncovered is considered noble and not
molested?
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Islam and Woman 49
that a woman should conceal her head and her bosom in front of all close
.j a w
of this viewpoint are weak. The most prominent Muslim expert in Hadith of
hm a
the modern era, Allama Nasir-ud-Din Albani has discussed in detail on the
infirmity of all these narratives in his book, “Hijab-ul-Miratul-ul-Muslima”
ad wri
and declared them as very weak. We have discussed about it briefly before.
g h d .o
On the other side it is proved through Al-Nur and the true narratives of the
am rg
Bukhari and the Muslim that a woman can come before her close relatives
with all her finery in a frank manner but Syed Maudood’s attention did not
id
catch it.
i.c
Syed Maudoodi’s third point is that a woman will cover her face from
om
all men except from those in the closest circle. He has tendered his
arguments in Tafheem-ul-.Quran vol-3 page381-382. in this context. First he
has quoted the incident of Ayesha and argues that the Prophet’s companion
could identity her because he had seen her before the instruction of ‘Hijab’.
It is obviously an incident related with a wife of the Prophet and the
instructions relating ‘Hijab’ in Al-Ahzab were related exclusively for the
Prophet’s wives. Thus it can not be generalized for other Muslim women.
Next, the Maulana bases his arguments upon the incident of Umm-i-Khallad
though it is a weak narrative. At the third stage he quotes the incident in
which the Prophet enquired whether it was the hand of a man or a woman.
The Maulana argues that the concerned woman was sitting behind the
curtain because the instruction about Hijab had been revealed prior to that
incident. Whole of this narrative is weak. If we accept it true, even then it
just proves that some women used to take Hijab during that period. It has
already been told that several women used to observe Hijab and took veil
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Islam and Woman 50
even before the advent of Islam. Islam neither ordered to follow it nor
forbade to do so.
Next, Syed Maudoodi bases his argument on the narrative of Ayesha
in which she narrates that she covered her face along with Prophet’s wives
when men encountered them on their way to Makkah for Hajj. This is also a
weak narrative and has a conflict with all other narrative relating to the
instructions regarding Hajj. It is clear through them that a woman should not
cover her face in the state of ‘Ahram’ (the dress during Hajj). Several
narratives with the similar sense are recorded in the Bukhari, Nisai, Abu
Daud, Masnad Ahad, Baihaqi and other books of Hadiths. If this narrative is
accepted as true even then we must keep in mind that the instructions of
w
Hijab for the Prophet’s wives were different form those for other women.
w
Naturally the women traveling with the Prophet were his wives.
w ww
Thus all narratives quoted by the Maulana are weak except the one
.j a w
relating the incident of IFK which was exclusively about a wife of the
ve .a
Prophet.
da l-m
times he used to offer the arguments which appear forceful in the surface
reading but a minute study ensues conflicting results. For example, the
ad wri
Maulana has quoted a narrative from the Bukhari and Tirmizi in support of
g h d .o
narrative, at the time of the last Hajj of the Prophet, the first cousin of the
Prophet, Fazal Bin Abbas stared at the face of a woman while she was
id
asking something from the Prophet. As this narrative indicates that the
i.c
woman had her face uncovered, therefore the Maulana pleads that she was in
om
the state of Ahram and a woman is disallowed to cover her face in that
condition. This argument is absolutely wrong. It is recorded in Tirmizi that
the particular incident took place after the ‘Qurbani’ (the slaughter of animal
at the time of Hajj). It is noteworthy that the restriction of Ahram is lifted
after the Qurbani.
Similarly, quoting the restriction upon the women not to wear gloves
or veil on their faces, the Maulana pleads that this exemption was granted
just because the order of Hijab had already been issued (Pardah 318-319). In
fact neither in the Quran nor through even the weakest narratives the
wearing of gloves or taking of veil is proved. Factually speaking, both these
trends were in practice even before Islam. Islam did not issue any order
affirming them or denying them under normal circumstances. However,
observance of these practices were forbidden during the state of Ahram as it
was a token of humility before God and an apparel of indigence.
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Islam and Woman 51
unsettled.
w ww
taking their validity into account. In fact true and reliable narratives are
da l-m
either under Al-Ahzab pertaining with the Prophet’s wives or under Al-Nur
hm a
pertaining with ordinary Muslim men and women. If all true narratives are
studied in the light of the Quranic instruction, they offer no conflict at all.
ad wri
Al-Nur are related with exceptions, the real instruction has been revealed in
am rg
Al-Ahzab which, the Maulana relates with the covering of face. While
explaining the instruction of keeping modesty in one’s look the Maulana
id
says.
i.c
allowed to move with their faces uncovered this is why they were ordered to
have modesty in then looks and keep their eyes low. If the covering of face
had been ordered before, there was no wrong both logically and historically.
It is wrong logically because despite the enforcement of the order of Hijab
for face, there could be a possibility of a man-woman encounter” (Tafheem
ul Quran vol-3, 381).
It is strange that the Quranic Surahs declared as clear and vivid
instructions by God right in their beginning are being acknowledged by the
Maulana as pertaining with exceptions. On the contrary the verses declared
by God as dealing with exceptions are being acknowledged by the Maulana
as the verses carrying real orders. Let us see what the first verse of Al-Nur
says:
“This is Surah which we have reveled and sanctioned,
proclaiming in it clear revelations, so that you may take heed.”
(Al-Nur-24,1)
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Islam and Woman 52
the manners for man-woman correlation. It is a pity that the Maulana has not
w
been able to interpret and explain this Suhah on so many places. For
w ww
example it is clear if we read verses 58-61 with their context that all of these
.j a w
instructions are about the man-woman correlation. They also carry the
ve .a
instruction that they may dine together if they desire. This instruction is so
da l-m
clear that every learner of the Quran would understand it in its true context.
hm a
Unlike this the exceptions are declared by Al-Ahzab itself and make it
am rg
clear from the very first verse that it basically deals with the marital affairs
of the Prophet and his wives. Therefore the first verse of Al-Ahzab starts as
id
under:
i.c
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Islam and Woman 53
regard and respect for him. He believes in three categories of Hijab. In the
w
first and the most desirable category, women should stay at home and their
w ww
bodies and their movement should be concealed from the eyes of men. In the
.j a w
second category, they should cover whole of their bodies with the help of a
ve .a
big cloth whenever they step out of their homes for some need. They can
da l-m
keep just one eye open to see the way or they should affix a net in the
hm a
portion of cloth facing their eyes. In the third category, they can keep their
faces and hands open while going out of their homes. Mufti Shafi believes
ad wri
that though last category is admissible according to Imam Abu Hanifa yet it
g h d .o
of the first category. Without giving any detail about these verses which are
i.c
entirely related with Prophet’s wives, he expresses that they carry orders for
om
all. Further all incidents quoted by him in this context belong to the
Prophet’s wives. Two narratives of the three quoted by him tend to give
sense as if the order for staying at home was meant for ordinary women too.
But all three narratives especially the last two are very weak.
In support of the second category he offers the interpretation of
Abdullah Ibn Abbas rcorded by Ibn Jareer as an argument. We have already
proved that this reference is very weak.
In the third category of Hijab (which he believes to be discarded) he
argues on the basis of the narrative of Abdullah Ibn Abbas.
Here arises a very interesting situation that needs our attention. It is
noteworthy that two paradoxical opinions are attributed to the same
companion of the Prophet. One opinion attributed to Abdullahh Ibn Abbas is
the same quoted above. There is another opinion attributed to him which is
quite contrary to the previous one. It says that a woman is allowed not only
to keep her face and hands open rather she may not conceal any finery worn
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Islam and Woman 54
Tafseer Vol.18, 84. Ibn Jareer adopts the view that exception pertains with
w
hands and face both. Thus he believes the interpretation of those scholars
w ww
closer to reality who mean this exception to be about face and both hands
.j a w
with collyrium, hair dye, ring and bracelets. In the course of the
ve .a
interpretation of this verse the above quoted opinion of Abdullah Ibn Abbas,
da l-m
Now no woman should open her face and her palms in front of any man
am rg
what is the general temperament of Islam on such occasions. Islam has one
i.c
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Islam and Woman 55
there is a possibility that people refrain from acting upon even the clear
w
instructions of the faith rather they might turn rebellious to the religion.
w ww
their shawls close round them’ in the verse of Hijab and the
g h d .o
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Islam and Woman 56
the Prophet’s wives and other women are not bound to follow it.” (Pardah ki
Shari Haisiyet- Mahhama Al-Bir July 1993)
The above discussion and the analysis conclude that three categories
of Hijab mentioned by Mufti Shafi are not proved by the Quran and Suhhan.
This book has been written with the objective to make the Islamic
point of view clear on general matters. This is why the discussions on
philosophy, history and logic have been avoided intentionally. However, one
rational point in favour of covering the face of women is presented so
w
exhibits her real sensual appeal through her face. Therefore her face should
w ww
be covered in order to save her from any risk of mischief from men. It is a
.j a w
wrong logic. A woman’s face may reflect her aesthetic quality but it does
ve .a
the sight of her face but the sensuality may only be the outcome of a wild
hm a
beautification. There is another aspect of the same issue. Some men do have
am rg
natural attraction in their faces? Is there any instruction for such men or for
men at a particular age to cover their faces? It seems justified that such men
id
should also be instructed to cover their faces to avoid any risk of mischief if
i.c
women are asked to do so. The third aspect of this issue is that if the risk of
om
mischief is the parameter, all men and women should remain veiled as well
in order to prevent the risk of homosexuality.
In fact face reflects the personality and covering of face makes an
individual lose his or her entity. This is not the requirement of the religion
from men and women both. It should only be done when one desires to
conceal one’s identity.
SUMMERY
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Islam and Woman 57
Nur:27-31_
ve .a
6. The lame people of the society can be kept in homes like other
da l-m
and over their clothes while going at unsafe places. They should
i.c
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Islam and Woman 58
Chapter-3
The fabric of Society stands erect upon the foundation of family. This
is why the Quran has attached great importance to the matters relating to
family and issued clear instruction in this regard. Some of these instructions
are legal in nature i.e. they can be achieved through a court of law. These
instructions include Nikah (marriage), Talaq (divorce) and conflict between
husband and wife. While others are social in nature i.e. they have to be kept
w
and a wife. The mankind took its start with the couple of Adam and Eve.
ve .a
According to Islamic teachings a man and a woman enter into the bond of
da l-m
marriage through NIKAH when they make an agreement to live for the
hm a
that a new couple has been formed. The main objective of this relationship is
g h d .o
to bless both husband and wife with the wealth of love and peace through
am rg
each other. Both of them are apparel of each other. Both have equivalent
rights and duties towards each other except at one stage when man as has a
id
husband an edge upon woman for being the head of family. On the other
i.c
side he is more responsible than woman as he has to bear all the expenses his
om
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women. Fear Allah, in whose name you plead with one another,
and honour the relations of the uterus. Allah is watching over
you.” (Al-Nisar-4:1)
After this the Quran relates that the agreement of marriage would take
place through the mutual consent. The one would freely propose the other
for marriage who would give a part of his wealth to the wife as per
agreement. Thirdly, both husband and wife would vow to continue living
with each other in a stable way. Fourthly, there would be an announcement
of this marriage which would legalize their mutual sexual relationship
started after marriage.
“(Forbidden to you also) are married women, except
w
those whom you own as slave. Such is the decree of Allah. All
w
women other than these are lawful to you, provided you seek
w ww
them dowry for the enjoyment you have had of them as a duty;
ve .a
knowing, Wise.”(Al-Nisa-4,24)
“Marry them, so that they should be honorable and chaste.”
ad wri
(Al-Nisa-4,25)
g h d .o
Nikah (the bond of marriage) has been called ‘a firm contact’ in the verse21
am rg
of Al-Nisa. The Verse with similar sense have been placed at different
places in the Quran.
id
by the Quran that ideal husband and wife love each other. They are like each
other’s apparel. In fact they complement each other. They save each other
from trouble, accord happiness and conceal each other’s fault. The Quran
says:
“They are apparel to you as you are apparel to them.”
(Al-Baqara-2, 187)
It further says:
“It was He who created you (man and woman) from a
single being. From that being He Created his mate, so that he
might find comfort in her. And when he had covered her, she
conceived and for a time her burden was light. She carried it
with ease, but when it grew heavy, they both cried to Allah,
their Lord: ‘Grant us a goodly child and we will be truly
thankful.” (Al-A ‘raf 7, 189)
It says at another place:
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Islam and Woman 60
compromise even with habits of his wife, undesirable for him, because no
w
from re-marriage, in order that you may force them to get a part
da l-m
The Quran also instructs men to be kind to women and surrender their
am rg
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meet all requirements of the members of his family. He has to take care of
everything, protect his house and show resistance to any offence against the
house. Man has been gifted with the qualities required for headship like
toughness of body, hardwork, sprit of competition in society, and the will to
spend on his family. This is why husband has been appointed as head of his
family. The Quran uses the Arabic word ‘Qawam’ for him which means the
person who guards and meets all requirements. Therefore it is the
prerogative of man to be the ‘Qawam’ and his responsibility too.
It shall also be borne in mind that God, according to the Quran has
given superiority to one over the other in different respects. For example if
man is more suitable for performing safe-guarding duties, woman has been
w
made befitting for the job of rearing kids. The Quran says:
w
Allah has made the one superior to the others (at times man and
.j a w
at times woman) and because (in this situation) they spend their
ve .a
“Wives shall with justice have rights similar to those exercised against
them; although husbands have an edge above them (as Qawam).” (Al-
ad wri
Baqara-2:228)
g h d .o
There are some more notable points in the above two verses that need
am rg
explanation. Firstly, whether any man is a ‘Qawam” of his mother after his
father’s death. The answer is that it is not so. It is clear through the context
id
of both the Quranic verses that convey the sense of husband and wife only.
i.c
husband and wife. The discussion related to other relations gets room at
other places in the Quran.
Secondly, whether God has granted man an absolute superiority over
owmen as the part of verse 34 of Al-Nisa, “Allah has made one superior to
the other”, gives the similar sense apparently. In fact man has no absolute
superiority over woman as the Quran has made it clear that other than
headship, man and woman are equal in all respects. The above mentioned
part of the Quranic verse says, ‘Allah has made the one superior to the others
(at times men and at times women)’. It means that someone might be
superior to others due to some special characteristics and vice versa. If God
had an intention to declare men as superior to women absolutely, he would
have laid it down in clear terms that ‘God has granted man absolute
superiority over woman’. It must be kept in mind that the Quran says every
important and fundamental thing very clearly. It says a thing in an abstract
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Islam and Woman 62
way only where it is required for example the Quran has described the
matter of superiority very clearly in the verse 32 of the same sura as under:
“Do not cobet the favours by which Allah has exalted
some of you above others. For men is a portion of what they
earn, and for women is a portion of what they earn. Ask Allah
for his grace.” (Al-Nisa-4,32)
Next is the question how far is a husband authorized in enforcing
something upon his wife. The answer is that although husband is the head
of the family in matters related to the organization of home, but he should
always consult his wife and he cannot interfere in the personal life of his
wife. In Chapter Shura the Holy Quran has laid down the principle of
w
consultation obligatory in all affairs. Husband does not have veto power
w
because the Holy Quran has given the wife right of holding difference of
w ww
is perfect harmony, unity and happiness inside the home, all decisions are
da l-m
taken after mutual consultation and understanding and man and woman
hm a
state where every matter should be resolved wisely and nicely. Islam advises
g h d .o
man to regard his wife’s liking in these matters. The Prophet was so
am rg
particular about the husband- wife relationship that he talked about it on the
significant occasions of his last sermon.
id
verse 228). For example he has no claim on the property of his wife. He
om
cannot force her to wear a particular dress or eat a particular food. He cannot
stop her from meeting her close relatives and offering her prayers in the
mosque. Thus a man has no command over his wife in her commonly known
personal matters. The Prophet has described it in detail on various occasions.
Since Islam calls man and woman as apparel of each other, it expects
wife to regard the feelings and liking of her husband in such matters.
Husband and wife conceal each other’s faults and thus are part and parcel of
each other” (Al-Baqara-2: 187)
Next is the question whether Islam allows men to strike their wives
physically. What is the true situation?
According to the Holy Quran a husband is not authorised to strike his
wife or torture her physically under any circumstances. He cannot do so
even if she happens to be the source of a big financial loss or her children
get spoiled due to her negligence. However, he can strike her only when she
becomes unfaithful to him and shows open disobedience towards him by
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taking interest in other men. In such situation, the Quran advises men first to
convince their wives in a nice way. If the situation doesn’t get better, he
should start sleeping apart. This might make a woman realize of her fault of
insolence and disobedience. If the previous situation still persists, a husband
is allowed to strike his wife mildly (Al-Nisa -4, 34) but it should not be
uncontrolled and the target should not be the face or any other delicate part
of her body. The purpose is to make her realize of the gravity of the situation
that the family will be destroyed if she does not mend her ways.
It should also be kept in mind that hard striking is totally prohibited for any
person by the Holy Quran in verse 45 of chapter Maida.
w
apart and (if the situation is still grave then you can) beat them,
ve .a
then if they obey you, take no further action against them. Allah
da l-m
This situation gives birth to two more questions. First, why Islam has
allowed a husband to beat his wife? In fact Islam desires to safeguard the
ad wri
state of family and wishes that the internal secret should not be slipped out.
g h d .o
Islam wants peace every where and advises every Muslim to remain loyal to
am rg
his state and obey every order given by the state except that which forces
him to commit a sin (like drinking wine). In the same way, Islam wants that
id
the small state of family should be a model of love and peace. It should stay
i.c
intact and in order to save it from dismemberment a husband may take some
om
Hence, Islam wishes to save this unit so that this important foundation
of society stays intact.
Second question is: to what extent a man can strike his wife in case of
unfaithfulness? It has been made clear that a man is not allowed to beat his
wife except for this matter. The husband can, even in this matter beat her
mildly as a performer and not as torturer. The target should not be the face
or any other delicate part of the body. The Prophet’s saying has been
recorded in authentic books of Hadith through reliable narratives. For
example it is recorded in the MISHKAT:
“I asked the Prophet about the right of our wives upon us.
He told to feed them the same food that we eat and to clothe
them as we clothe ourselves. We should not strike them on face
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Islam and Woman 64
The third question is: does wife has similar and equivocal rights if her
w
husband is unfaithful to her. The answer from this scribe is Yes. Further
w ww
on the state level against the violence within a house. The answer is that
hm a
level on this matter. This would inculcate awareness in the society that a
am rg
man may take disciplinary action against his wife only when she becomes
unfaithful to him and it should also be a reformatory action. It should be kept
id
and mind that if a wife comes to a court of law with complaint of torture
i.c
against her husband, the husband will have to prove her unfaithfulness,
om
The next question is: has the wife got the right of difference of
opinion with her husband. The answer is Yes. If there is a difference of
opinion of a serious nature or a conflict to such an extent that husband and
wife reach the stage of divorce, it is obligatory upon family fiends, relatives,
society and finally the state to activate themselves and appoint a two –
member jury (one from each side) to reach a broad based agreement and a
peaceful co-existence. Both the members should try to resolve the dispute in
the way acceptable to both the parties so that husband and wife lead their
future life accordingly. The Quran says:
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Islam and Woman 65
terms of body and will. Islam has determined this amount as a token that the
w ww
woman may utilize it as and where she desires freely and conveniently. The
.j a w
Later, the wife may surrender a part of the dower if she desires (Al-
i.c
of dower is determined by Islam as Rupees Thirty Two and Annas ten only.
In fact, the religion doesn’t determine any such amount. This amount was, in
fact suggested by the Muslim scholars during the reign of Aurngzeb
Alamgir, the famous Mughal emperor of the Indian Sub-Continent, for the
convenience of the masses. The amount of that time equals lacs of Rupees
today because, during those days one Tola gold could be bought in one
Rupee (Tola is unit of weight in Inida-subcontinent equal to ten grams.)
There is another misunderstanding that the wife will have to return the
dower in case she demands divorce. In fact, at times the amount of dower is
determined in a unrealistic manner for example the native house of the
husband, his all or partial property etc. Later when husband and wife decide
separation, the husband delays the divorce for the fear of surrendering a
large part of his property. In such a situation, the Quran directs us to resolve
the matter through the principle of ‘give and take’ and such unrealistic terms
should be made moderate through mutual consultation (Al-Baqara-2, 229).
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Islam and Woman 66
In case of divorce after Nikah but before the bride’s formal departure from
her parents the husband will have to pay half of the dower to the woman (Al-
Baqara-2 :237)
Next, the Quran directly instructs that Nikah with some relatives
and persons is disallowed. It is so because these are the relations which
should be based on pity, love and affection without any pollution of sexsual
desires. There should not be any kind of envy or antagonism. This
instruction has been issued through Al-Nisa-4:23.
According to this instruction a man is disallowed to marry his mother,
daughter, sister, maternal and paternal aunts, nieces, foster mothers and
daughters-in-law. Besides this a man is not allowed to marry-two sisters or
w
an aunt and her niece (parernal and maternal both) at the same time. A
w
muslim man cannot marry a pagan woman but he may marry a Christian or a
w ww
you. The food of those to whom the Book was give is lawful to
da l-m
you and yours to them. Lawful to you are the free believing
hm a
women and the free women from among those who were given
the Book before you, provided that your give them their
ad wri
Muslim women are not allowed to marry any non-muslim man in any
case. The Quran says:
id
“They (Muslim women) are not lawful to the infidels; nor are the
i.c
At this stage two questions require their answer. First is it not unjust
to allow a man to marry from a community with the Book while a woman is
deprived of this right? The answer is that Muslims verify and respect the
Prophets and Books of those communities and thus no muslim man can hurt
the feelings of a non-muslim woman. On the other side, these communities
do not acknowledge the Prophet Hood of Muhammad (sws) at all and
therefore there is a strong fear that a non-muslim man would not regard the
feelings of a Muslim woman.
The other aspect of the above instruction is that it was issued after the
Holy Prophet had directly offered all these communities to accept Islam
through his hectic efforts spanned on almost twenty years (thirteen years of
Makkah period and almost seven to eight years of the newly established
Islamic state of Madina) Hence, it seems that if a woman embraces Islam
while her Husband is still non-muslim, she need not sever her relations with
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Islam and Woman 67
him unless he remains adamant even after the persuasion of several years to
accept Islam as his religion.
Above are the instructions about which the Quran has laid down very
clear verses. Now we would heed towards certain issues which have
assumed great significance in the present era:
Firstly, since woman of today feels herself very insecure owing to the
prevalent social conditions, is it possible to include some terms in the
bond of marriage to grant her sense of security? For example it may be
decided that the husband would pay a fixed stipend to his wife for her
personal commitments or he would not force her to quit her job if she is
already having one or she would be given a separate house to live in or he
w
would not marry another woman etc. According to the Quran, Nikah is an
w ww
open agreement between a man and a woman therefore all such terms can be
.j a w
Second: is a woman free to marry the man of her choice and is she
authorized to take final decision regarding her marriage or her life
ad wri
man)?
am rg
woman against her will rather she is free to marry the man of her choice in
case of a dispute. The logic here is that the Quran declares marriage a free
and sloid contract between two wise persons having an insight into the
matter. They have to live together and accept all responsibilities. Hence,
they should be acknowledged free and independent in the accomplishment
of this strong contract.
The Quran has declared it clearly that women are free to marry
according to their will and no one can cast impediments in their ways. The
Holy Book has mentioned this right of a woman especially in a case where it
is feared that people would cast obstacles in her way and would consider her
marriage as a matter of their prestige. For example it is feared that the
relatives of the ex-husband of a widow or a divorced woman would try to
stop her from remarrying. The Holy Quran says:
“If a man has a divorced his wife and she has reached the
end of her waiting period (three menstrual cycles) do not
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The above quoted Quranic verses prove it vividly that the will of a
w ww
woman is final in the matter of her marriage. If anyone else had the final
.j a w
authority on this matter, it would have been, definitely put own in the Holy
ve .a
Book very clearly. Not only this but the Quran also grants the right of
da l-m
cannot remarry her until she has wedded another man and been
g h d .o
no offence for either of them (the first husband and the divorced
woman) to return to the other (means remarry each other), if
id
they think that they can keep within the limits set by Allah”
i.c
(Al-Baqara-2, 230)
om
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Third narrative has been taken from the Nisai and Masnad
w
Ahmed:
w ww
“Auyesha narrates that a girl came to the Prophet and told that
.j a w
her father has made her marriage with his nephew so that the boy may
ve .a
the right to retain or terminate the Nikah. The girl said that she accepts
hm a
the decision of her father as she just wanted the women to realize that
their father are not authorized to made their marriage at their own.”
ad wri
The above Hadith makes it clear that the final authority, in this
am rg
“A woman came to the Prophet and said that her father had
i.c
made her marry the man she disliked. The Prophet told her father that
om
he had no right to make her marriage. He allowed the girl to marry the
man of her choice.” (Nasb-ulRaiah Kitabul Nikah).
There are many more narratives on this topic.
Now we tend towards the narratives conveying the sense
contrary to the above references of the Quran and Hadith:
“The Prophet said, “There is no marriage without a Wali.” (Abu
Daud, Ibn Majah: Kitabul Nikah).
If we have a surface reading of this narrative, it seems quite
opposite in sense to all Quranic injunctions and most narratives
because according to the above quoted every woman rather every man
is bound to seek permission of his or her Wali for marriage. Therefore
this narrative is absolutely not acceptable in this sense.
However, this narrative can be taken as an advice with
reference to the element of persuasion and an attempt to bring a nice
trend in society. It is just as the Prophet said:
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Islam and Woman 70
according to Abu Daud and Tirmizi. This Hadith has been also
w ww
Araba Vol-4 89). This narrative, through its surface meanings runs
da l-m
contrary to the clear instruction of the Quran and thus cannot be taken
hm a
as an argument.
There is another narrative as follows:
ad wri
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Islam and Woman 71
“The honourable author has argued on all those narratives that show
ve .a
these narratives has been recorded in all authentic books of Hadith like the
hm a
Bukhari, the Muslim, Abu Daud, Niasi and Ibn Majah as under:
“The Prophet entered into the bond of Nikah with Ayesha when she
ad wri
was six, brought her home as wife when she was nine and died when she
g h d .o
was eighteen”
am rg
The only narrator of the above Hadith in all the authentic books of
Hadithh is Hasham Bin Urawah who narrated it with reference to his father,
id
Urwah Bin Al-Zubair. After a very scholarly discussion, the author has
i.c
proved that there was no narrator for this important narrative before the 145th
om
year of Hijra. This is the reason that all books of Hadith compiled before this
date do not register this narrative. Hasham Bin Urwah lived for the whole
life in Madiha but none of Midinitte preservers of Hadith related it from his
reference. Unlike this, Eleven Iraqi preservers of Hadith relate it through his
reference and their narratives have been registered in the books of Hadith.
Hasham went to Iraq only once in 145 Hijira when he was eighty four. It
seems that he related this narrative at that time which was picked by the
Iraqis. There was no one alive, at that time to recity the mistake or provide
the original imformation. Therefore the statement of Hasham was taken as
final and became acceptable for the whole Muslim Ummah when registered
in all six most authentic books of Hadith. No one ever tried to investigate the
matter. Afterwards, some experts in Hadiths attached it to their favorite
references in order to strengthen the text of the narrative. All such narratives
seem to be testimony of Hasham’s narrative apparently but prove to be
dislinked when tested on the parameter of logic and argument. The author
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Islam and Woman 72
has proved, after having discussed all testimonies found in all the books of
Hadith that these are dislinked. Even certain narrators are quite unreliable,
liars and concoctors.
The honourable author has assessed all those narratives that tell
Ayesha as under aged. For example the statement of Ayesha that little girls
from the neighborhood used to come to her in order to play dolls. According
to the research of the author, this narrative is also attributed to Hasham. It is
a permanent narrative which tells us the Makkan period of Ayesha when she
was factually under aged but it was attached with the narrative regarding the
marriage of Ayesha so as to make the statement look real. If it had been the
incident during her Madinite period, her playmates would have been part of
w
The author believes that the narratives regarding the singing of songs
w ww
about the Battle of Ba’as by two maid servants and Ayesha’s watching of
.j a w
references together which have faded the reality away. The author has
hm a
provided several proofs about the fact that many narrators had distorted the
original narratives by adding to them. In this context, he has held a narrator,
ad wri
Abd-ul-Razaq particularly responsible for this. The author holds the same
g h d .o
person responsible for adding some sentences to the narrative about the
am rg
incident of Ifk which prove Ayesha to be under aged, negligent, unwise and
the same.
id
marriage of Ayesha, the autor, by taking a favorable view, has formed the
om
opinion that the figures of tens and twenties might have been missed with
the age reference of Ayesha in the narrative of Hasham. It means the
Hasham might have related the age of Ayesha at the time of Nikah as sixteen
or twenty six and nineteen or twenty nine at the time of her departure from
her father's home but these figures might have, erroneously been left out
while writing. This mistake was considered as true record in the later
periods.
In the second part of the book, the author has assembled all the
prospects which determine that Ayesha was nineteen or twenty nine when
she came to the Prophet's home as his wife, though the author is of the
opinions that we should not determine the age by ourselves. It is sufficient to
prove that Ayesha had attained the age of puberty when she came to the
Prophet's home. The following are evidences and prospects regarding it:
a) According to the narrative of Muhammad Bin Ishaq (a contemporary of
Hasham Bin Urwah) in 'Seerat Ibn Hasham' Ayesha's name was included in
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Islam and Woman 73
the list of people who embraced Islam in the very beginning. She embraced
Islam in the first year after proclamation of Prophethood by Muhammad
(sws) along with her sister, Asma. The books like ' Mawahib Ladinah' by
Qastalni, 'Sharh-i-Mawahib' by Zarqani and 'Hayat-e-syed-al-Arab' also
enlist among those who excelled others in embracing Islam. Obviously, She
was wise,grown up girl in the first year of Prophet hood of Muhammad
(sws). Had she been in her infancy, she was not expected to accept Islam
with all awareness.
b) She has a narrative regarding the verse of Surah Al-Qamar, 'the hour of
doom is their appointed time' that she remembered perfectly the time of its
revelation. Al-Qamar was revealed in the fourth year of prophet hood. It
w
means she was at an age when one can distnguish between different things
w
c) The Bukhari registers the narrative about the migrarion of Habsha with
.j a w
refernce to Ayesha. According to this narrative she relates the incident she
ve .a
Habsha by Abu Bakr mentioned in this narration took place in the fifth year
of Prophethood. It is obvious that a sane person only can describe her
ad wri
observation with such detail. Therefore, in the fifth nabavi year Ayesha's age
g h d .o
should have been at a stage when an indidual can understand the affairs and
am rg
look ater his home. On this occasion, Khaula bint Hakim proposed the
i.c
Prophet to marry either Sauda or Ayesha. Had Ayesha been under aged at
om
that time, the proposal of Aisha would have been inappropriate at all because
the Prophet needed a wife capable enough to sustain the burden of his
domestic affirs and not a child to play with dolls. When this proposal was
presented to Abu Bakar, he pleaded that Ayesha was just like a spiritual
niece of the Prophet. How could she be suitable for Nikah? Had Ayesha
been a child at that time, Abu Bakar would have pleaded that she cannont
bear the load of the domestic responsibilities because of her young age.
e) The author contains the detailed description regarding the Nikah of
Ayesha. It tells us that Ayesha entered into the bond of nikah with Jabeer
Bin Muta'am bin Adi before the death of Khadija.Jabeer was very hostile to
Islam. His father, Muta;am Bin Adi was avoiding the departure of the bride
because of his conflict in faith. When Khaula proposed Ayesha for the
Prophet (sws), Abu Bakar went to Muta'am and asked him to take a clear
decision about the marriage. Muta'am showed reluctance in accpeting
Ayesha as his daughter-in-law owing to his hostility against Islam.
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Islam and Woman 74
Moreover, he was the son of Lord of Makkah and was obviously not short of
young girls to marry. There was no justification for him to marry a minor
girl and wait for at least ten years so that his bride would attain the age of
puberty. It is, therefore, obivious that Ayesha's Nikah with jabeer would
have taken place after she had attained puberty as it was customary in
Arabia.
f) The migration to Madina has been recorded in 'Tabqat Ibn Sa'ad' related
by Ayesha herself. We come to know through it that the Prophet did not
brieng the new bride home even after the lapse of some time after the
migration. On Abu Bakar's enquiring, the prophet said that he had not yet
enough money to pay as dower. It proves that the delay was not because of
w
immigrants fell ill in the first year of Hijrah (migration to Madina). Ayesha
.j a w
visited some of them. On her return she describes the pitiable conditions of
ve .a
the immigrants to the Prophet and even related verses told by them
da l-m
was present on the war front in the battle of Badar and Uhad and served
g h d .o
that minor boys were forbidden to take part in these battles. Had Ayesha
been under aged she would not have been allowed the arduous tasks meant
id
for the grown ups only. Therefore, the reference to her minor age is untrue.
i.c
i) Ayesha was adept in genealogies which was the peculiar art of Abu
om
Bakar. She had learnt several verses by heart and used them according to the
situation. Her perfection in the arts of genealogy and poetry shows that she
had spent a lot of time with her father and leant all from him. If she had
come to the Prophet's home at such a young age, she would not have been so
well versed in these arts. It is noteworthy to note that such an art can only be
learnt when one is mentally mature.
j) Ayesha was quite at home in the injunctions of Deen, its expediencies and
gradual progress. The books of Hadith are full of her opinions on theology.
Could such intellectual depth and immensity belong to an under aged girl?
We shall have to admit that she was quite mature in mind and intellect and
was at the climax of her faculties of thought when married to the Prophet.
This is why she went to the root of every affair and understood it in its
proper context. This is how she benefited the whole Ummah through her
sound opinion.
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Islam and Woman 75
in the initially compiled books of Hadith like Mauta Imam Malik and
w
Masnud Imam Abi Hanifa and these scholars accepted such narratives as
w ww
true and reliable. The art of critically analyzing Hadith was brought to
.j a w
practice around 180 Hijra and was used for the compilation of the such
ve .a
this book which are helpful in practical training for research in Hadith.
The honourable scholar deserves our appreciation and congratulations
id
for this valuable work. He, not only, highlighted the person of Ayesha but
i.c
also eradicated all allegations made against her by the enemies of Islam in
om
order to distort the image of the Prophet (sws) . Such a book was greatly
needed in this era. May God reward the author for his valuable task. "
There could be a question in this context. At times, in some families
the elders decide mutually about the marriage of their children even when
they are minors. Can they refuse such a decision when they grow up to a
sane age? The answer is that since a marriage is a free contract between an
adult man and an adult woman, they are not bound to accept any such
agreements made by their elders. As the complications arising by such
agreements have been witnessed by the people therefore now this has
become almost obsolete in the society. It is necessary that an engagement or
Nikah of a minor should be declared illegal by the state.
The next question is whether a wife can refuse physical
relationship with her husband. The answer is that she can't do so in normal
circumstances. It is against the basic spirit of the contract made between
them. Both husband and wife have satisfaction and peace from each other if
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Islam and Woman 76
they are bound with fibre of strong physical contact. According to the Quran
a woman must be obedient to her husband. As per narrative registered in the
Bukhari the Prophet said:
“If a woman avoids her husband even for a single night and keeps him
away from fulfilling his sexual desire, she is cursed by the angles until she
tends towards her husband”.
According to a narrative of Ibn Majah the Prophet said:
“After the fear of God there is no other blessing of God favourable for a
Muslim man than a nice wife who obeys him, receives him with a smile,
does not refuse to what he demands, and protects her chastity and her
husband’s property in his absence”.
w
take all these conditions into account, treat well with her and avoid bothering
.j a w
her. Hence, this is an aspect of their life where both have to regard each
ve .a
Next question deals with the matter of the marriages in exchange (when a
hm a
person marrying a woman gets his sister married to his wife’s brother).
What is the Islamic point of view here? The answer of Islam is very clear.
ad wri
Islam believes that it is in fact a deceit and has been forbidden. The Prophet
g h d .o
forbade doing so in clear terms. It is not allowed in any shape and every one
am rg
The reality is that such customs are nonexistent in Islam, rather they are a
i.c
serous crime. According to the Quran, a woman can be married with a man
om
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Islam and Woman 77
may marry another woman even in the presence of his first wife. But the
Quran has imposed two conditions in such circumstances. First that the man
must maintain justice among his wives and second that no man can marry
more than four women at a time.
The detail of the permission granted by the Quran is that several Muslims
were martyred in the Battle of Uhad waged by the pagans of Makkah upon
Madinah. Resultantly, several women became widows and many children
became orphans. It was feared that such children would experience a sense
of deprivation as young men preferred to marry unmarried women or those
who had no children before. So, the Quran encouraged the people to resolve
this issue in this manner:
w
Hence a man is allowed to marry more than one woman but he can’t
om
do that just at his sweet will rather there are two very clear conditions for
that. First that it is meant for unavoidable circumstances only and second
that justice be maintained among all wives to maximum possible level.
Here an important question arises keeping in view the present
circumstances. This permission is being misused in the present Muslim
societies and people marry more than one woman without any prerequisite.
They don’t maintain justice between the two wives, rather don’t give them
even their due sights. Is a state authorized to make laws for the rights of
woman and to protect them against the atrocities when such conditions
exist in the society?
The fact is that a Muslim society can make legislation to stop any kind
of atrocity in the society. A Muslim state has its foremost duty to maintain
justice in the society and eradicate injustice from it. This instruction has
been issued by the Quran on various stages in clear terms (for example Al-
Nisa-4, 54 and Al-Hajj-22, 41). It is, therefore necessary under present
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Islam and Woman 78
allowed to marry more than one man under special circumstances when a
w
man is granted such permission. The principled stand in this regard is that
w ww
man is the head of the tiny state of family. As there can’t be two heads of
.j a w
special conditions are concerned like husband is azoospermic, the wife may
da l-m
obtain separation and such a man may marry a woman who already has kids
hm a
must admit the fact that a woman is bestowed upon by God such a
g h d .o
wonderful spirit of loyalty, sacrifice and sympathy that normally she does
am rg
not leave such a husband, rather feels happiness and satisfaction in looking
after him. But we do not mean to say that a woman should sacrifice her
id
Law of Divorce
According to Islam the relation between a husband and a wife is very
sacred and quit significant and therefore it should stay intact to the
maximum possible extent. However at times the circumstances bring the
couple at a stage where they find it impossible to pull on together. For
example conflicts occur due to contrary temperaments; both the parties
violate the rights of each other or any other similar kind of situation takes
place when the separation becomes inevitable. Hence, in such a situation
Islam allows the husband and wife to sever every contact with each other by
observing a particular procedure meant for such conditions. However, it
must be borne in mind that divorce is the most undesirable thing among all
admissible ones.
Here we need to know the practical procedure of granting divorce.
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Islam and Woman 79
The Quran has issued the instructions about the divorce in great detail. Thus,
we, first of all, shall present a summary of these and then they would be
explained through some concerned Quranic verses and relevant narratives.
If a man intends to divorce his wife, he should not do so when she is
passing through her menstrual period. He should, rather give the first divorce
to her after the lapse of her menstrual period when he has not yet slept with
her. After this divorce the woman should stay at her husband’s home till the
lapse of three more consecutive menstrual periods. The man is bound to
fulfill all the requirements of his wife during this period. During this period
(Three months approximately), the man may reconcile with his wife if he
desires so. They many resume their life as husband and wife.
w
If the husband does not tend to his wife during these three menstrual
w
periods, they will separate from each other after the lapse of this time. But
w ww
they may remarry each other afterwards whenever they decide so.
.j a w
If the husband ever wants to divorce his wife for the second time, he
ve .a
However, if he divorces his wife for the third time, they will not be
hm a
able to remarry each other. If the woman marries another man after the third
divorce and her second husband dies or divorces her, she may remarry her
ad wri
previous husband. The detail about it would come on the forthcoming pages.
g h d .o
Unlike man, if the wife wants separation, she will demand one divorce
am rg
from her husband. If the husband does not agree, she can get divorce through
the court of law. The court has only to verify whether the woman seeks the
id
divorce at her own will. The court would not trace the reasons for the request
i.c
for divorce and would order the husband to divorce his wife. This way
om
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Islam and Woman 80
cannot remarry her until she has wedded another man and been
.j a w
of them to return to the other, if they think that they can keep
da l-m
within the limits set by Allah. Such are the bounds of Allah. He
hm a
divorced your wives and they have reached the end of their
g h d .o
kindness. But you shall not retain them in order to harm them in
honor or to wrong them. Whoever does this, wrongs his soul.”
id
(Al-Baqara-2: 228-231).
i.c
om
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is why God has ordered to give divorce in a proper way and calculate the
w
days of the waiting period truly He has ordered the husband and the wife to
w ww
and wife therefore there is a possibility that the husband postpones the
am rg
instructions. When Abdullah bin Umar divorced his wife during her
i.c
“Tell him to meet his wife and divorce her when she is purified or it
becomes clear whether she is pregnant or not:’’
It is important to know whether such kind of divorce would be
counted as described in the above two situations. The answer is that there
would have been no instruction for reconciliation if this divorce had to be
counted. The reconciliation matters only when the divorce is not counted.
The two narratives quoted above prove the same. However two arguments
can be given against it. Firstly, in the narratives Younas says:
“I asked Ibn Umar if he had counting that divorce. He answered,
‘what was hurdle in committing it? Was Ibn Umar foolish or he could not
count it? (The Muslim).
However, it is proved through it that it was not said by the Prophet
himself.
Secondly according to ‘Al-Mughni’ ‘La-bin-Qadamat: Kitab-ul-Talaq,
when the Prophet directed Ibn Umar to reconcile with his wife, he said to the
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Islam and Woman 82
Prophet” what would have been your instructions if I had given three
divorces? The Prophet said, ‘In that case you would have disobeyed your
God and your wife would have been unlawful for you.”
The real answer to this is that it is absolutely against the narrative of
Ibn Abbas registered in the Muslim, so this is unacceptable.
Next is the question that some people utter the words of divorce for
three times or more than that when they get enraged with their wives
and regret soon after that. This is so because there was no such strong
intention nor it was a well thought action. Does the divorce get enacted?
The issue has taken a serious turn now a days because thousands of
families are undergoing anxiety and pain due to it.
w
The authors, in this regard are of the opinion that such a divorce
w
would be counted for just once. The brief argumentation in its support is as
w ww
under:
.j a w
Baqara-2: 185).
ad wri
“Allah has laid on you no burdens in the observance of your faith. (Al-Hajj-
g h d .o
22: 78).
am rg
There are several Quranic verses giving the sense that God burdens a
man according to his capacity. He does not want to give discomfort to him
id
and that He wants to lessen the burdens of man as He has been created weak
i.c
Since the issue of divorce is very delicate and grave which ensues
several complications for the couple and their families, the new legislation
regarding it should be based on the comfort of the human beings. The law of
divorce formulated by God has been based upon the same principle.
Therefore the detailed legislation in this regard and the judicial decisions
should be made keeping this principle in view. There should not be any
discomfort for them. The same has been described by the Prophet, “Faith is
very easy” and, “make convenience for people and don’t put them in
inconvenience.” (The Bukhari).
Secondly, it is proved through the Quranic verses and the narratives
studied in the light of the Quran that divorce is an issue of serious nature and
it should be decided after much reflection and not under the immediate
circumstances.
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Islam and Woman 83
if possible. While explaining the same Quranic verse, the Prophet told that
w
divorce is the most undesirable to God among the admissible things. (Abu
w ww
Daud-Kitab-al-Talaq).
.j a w
This is why the Holy Prophet forbade men to divorce their wives
ve .a
during their menstrual period. Since man and woman live apart during these
da l-m
periods, they don’t display the usual mutual love and there is a strong
hm a
possibility that the husband changes his mind after the passage of this
period. (The Muslim: Kitab-al-Talaq).
ad wri
The Prophet forbade a man to divorce his wife during her purified
g h d .o
period when he has met his wife in private as it is difficult to count the days
am rg
of the waiting period in such case. Whenever such a matter was presented
before the Prophet, he directed the man to reconcile (withdraw divorce) and
id
Daud: Kitab-Talaq).
om
Not only this but the Quran directs man also that the divorced woman
should be sent from his house after having paid her due in a proper way (Al-
Baqara-2: 241) and that he should appoint two responsible evidences while
sending her or reconciling at the end of the waiting period.
The Quran goes a step further. If the husband and the wife do not
reconcile during the waiting period ensuing the first divorce, the Quran
allows them to restart their life as husband and wife so that the family gets
united again. Not only this the Quran keeps also the door for Nikah open for
the third time if they fail to reconcile during the waiting period after the
second divorce. However, after the third divorce they can’t remarry directly.
The above instructions and rules are worth reading, rather worth
considering repeatedly. One should try to understand, in the eight of these
instructions, the real spirit of the religion in this matter.
Is it the spirit of Islam to to destroy the family the moment the
husband utters the words of divorce thrice or unlike this provides the couple
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Islam and Woman 84
know that the individual is not in his senses completely, loses control upon
w
himself and becomes delirious in such condition. Thus, he utters such words,
w ww
such words for many times in such a condition should be given relaxation.
ve .a
believe that the divorce accorded under an immediate and intense rage
g h d .o
should be counted as a single divorce. Thus such a person would lose one
am rg
divorce is always accorded in a state of anger. It is not true. Just refresh the
i.c
divorce a woman after much consideration and reaching the conclusion that
the couple cannot live together anymore.
The Quran provides him further two chances for reconciliation even in this
condition. Hence it has no foundation in religion.
Secondly, it is said that Umar had declared to punish the individual who
would accord three divorces at a time and would implement all the three
divorces.
It is necessary to keep certain things in mind, in this context. First that
Umar was a ruler. A ruler has to formulate some laws in order to tackle with
some immediate problems but these laws are of temporary nature and do not
assume the status of permanent laws. The only everlasting thing is Quran
and Sunnah. We should, therefore keep in view those circumstances under
which Umar gave his verdict. In fact, during the regime of the Holy Prophet,
Abu Baker and Umar (for some time) when people, after having divorced
their wives thrice, stated that they intended to divorce just once, they were
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Sunnah but it can be cut to a limit by the state if it becomes a source for
w
display of wealth and a mental torture for the poor. However, it would be a
w ww
circumstances.
ve .a
has nothing to do with the divorce given in a state of rage. Wherever it has
hm a
Third important and noteworthy point is that Umar made this law to
g h d .o
and used to exploit it for their personal interests while people of the present
i.c
time are hardly aware of this law of divorce and consequently cause trouble
om
for themselves and for the whole family. Therefore, Umar’s decision cannot
be accepted as a precedent nowadays.
In the light of the above discussion, the authors of this book are of the
opinion that the divorce given under the state of rage which ensues
repentance would be considered just one, irrespective of the fact that the
husband uttered these words for more than twice at a time.
Next, we have to understand that if a man grants three divorces to
his wife at a time after much reflection, would it be considered as just
one divorce or it should be realized that the individual has availed at the
same time the right of all the three divorces for the whole life and has,
thus separated himself from his wife forever?
In fact it is a very complicated issue. However, we would try to
express our point of view by making it easy to some extent.
We noticed through the above pages that God told us a particular
procedure for divorce. Now if a person violates it, he will be committing a
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Islam and Woman 86
major sin and would act contrary to the instructions of God. It is required to
know that what is to be done if an individual happens to do so. God has left
it to the state and society to find a solution to such an issue according to the
circumstances. The state may decide to declare it just one divorce or punish
the person who violates the law or separate the husband and wife
permanently by imposing all the three divorces considering them as distinct
event.
Obviously, the welfare of the family and society would be kept in
view while taking a decision in this context. The condition of woman must
be kept in observation so that their rights be safeguarded and they should not
be troubled undue. Since God has left the collective organization of Ummah
w
free in this issue, the instructions in this context kept changing with the
w
circumstances throughout the period of the Holy Prophet (sws) and the pious
w ww
caliphs. According to a narrative of Abu Daud and the Bukhari a man got
.j a w
himself separated from his wife after having divorce her for thrice at time.
ve .a
The Prophet called him and asked him to reconcile with his wife. The man
da l-m
argued that he had given three divorces to his wife. The Prophet said, “I
hm a
know that yet you must reconcile”. After this, the Prophet recited the verse
Al-Talaq.
ad wri
Hence, the Prophet told that man that it was not the proper way to
g h d .o
divorce. In the likewise manner when the Prophet was once told that some
am rg
person had granted three divorces to his wife at a time, he stood up in anger
and said, “People are playing with the Holy Book even in my presence”.
id
Seeing the anger of the Prophet, a person stood up and said, “O Prophet of
i.c
The Prophet, even in his own life adopted a different view as well.
The incident of a companion of Prophet Rukana bin Abu Yazeed registered
in Tirmizi, Masnad Ahmad and Abu Daud tells that he swore before the
Prophet and said that he intended to give just one divorce to his wife
although he had used the word of divorce thrice. Therefore the Prophet
declared it just one divorce.
Afterward, Umar made legislation according to his own
circumstances. He observed that people were violating the right of women.
People were in a habit of giving the impression of complete separation after
having divorced their wives thrice at a time. When those women made up
their mind to remarry (it is proven fact according to the books of Hadith and
history that it was not inconvenient for women to marry a new husband after
the expiry of the waiting period, in ensuing divorce by their previous
husband rather it was a general practice). Their previous husbands declared
in the court that they intended to give just one divorce. This used to lead
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Islam and Woman 87
long judicial proceedings which was harmful for women. Therefore, in order
to save women from this trouble, Umar made the law that all the three
divorces will be implemented if done so by individual and the women will
be free to settle down for a new husband after the expiry of their waiting
periods.
According to a narrative of the Muslim: “Ibne Abbas said that during
the regime of the Prophet, Abu Bakar and the first two years of Umar it was
the practice that all three divorces given by an individual at a time were
considered as one divorce. Afterwards Umar said, people were showing
haste in the matter where they should have been showing much care and
tolerance. Why should we not impose three divorces upon them? Thus he
w
did so”.
w
becomes clear trough this narrative that Shariah has done no legislation in
.j a w
this matter. Thus Umar was free to issue an order contrary to the practice
ve .a
suitable for the society, family and women in particular according to the
present circumstances. In the present situation, people are generally ignorant
ad wri
general impression that the divorce does not get enacted unless the word of
am rg
divorce are uttered for three times. The other worth noticing fact is that
people have been stricken with anxiety, restlessness and dejection to such an
id
extent that they start thinking of divorce even at trifles. Further, the word of
i.c
divorce has assumed the status of abuse for divorced women and hence they
om
What is Khula’a?
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Islam and Woman 88
In fact the Quran has granted woman the right to get divorce through
Al-Baqara. The reference of the verses 228-231 has already been given in
this context. This right has been named as “Khula’a’ in some of the
narrative. If a woman reaches the conclusion that she can no more live with
her husband, she may demand divorce from her husband. It is obligatory
upon her husband to give her one divorce in such a situation. However, he
may demand from his wife to pay back a part of what he has already given
to her. It is desirable that the issue of ‘Khula’a’ is settled within the four-
walls of a house. If a woman surrenders all of her dower, no obstacle is left
in her way. However, the woman has a right to approach the court of law in
case of a dispute. The court has simply to perform two functions: To give
w
There are two further important issues in this context. First, whether
da l-m
‘Khula’a’.?
g h d .o
reconciliation and set the couple apart when it was proved that the wife was
i.c
reluctant to remian as the wife of her husband any more. Those who
om
consider that woman must prove a serious allegation against her husband,
they are of the opinion that husband and wife should be set apart when they
fail to respect the limit of God. It means that first it should be proved that the
husband crossed the limits of Allah. In fact, it is just a misunderstanding.
The Quran never said so. The Quran, on the contrary says that when the
nature of the husband-wife relationship reaches a stage where it is feared
that both parties would not be able to remain within the limits of Allah,
either of them can get separation. Hence the Quran talks of future, not of the
past. It would be appropriate to study the translation Al-Baqara, 2:229.
“It is unlawful for husbands to take from them any thing
they have given them, unless both fear that they may not be
able to keep within the bounds set by Allah; in which case it
shall be no offence for either of them if the wife ransom
herself”. (Al-Baqara 2:229)
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Islam and Woman 89
ascertained that the court would grant Khula’a, to her within two to three
w ww
months after the filling of the petition so that the woman start her life a new
.j a w
as soon as possible.
ve .a
granted the right of direct divorce while preparing the bond of Nikah. It
hm a
means that a woman also get the right to divorce her husband when she
desire. Generally, it is assumed that it is possible. Unlike this, we believe
ad wri
in the context of this question that our point of view, except on this matter is
am rg
is that we have the Quran as a source of guidance. Since we believe that the
i.c
Quran has granted all those rights to women which are being denied today in
om
the general muslim society, we have expressed the opinion found through
the study of the Holy Quran. We find that the Quranic instructions, in this
matter is quite different from the generally conceived notion. Hence we are
making this matter clear.
According to the Quran, the marriage tie is in hands of man. He plays
the active role in Nikah and the authority of divorce too, rests with him.
Whereas a woman enters into the bond of Nikah with the man and can get
divorce if she desires. The Quran, while describing the law of the dower in a
special matter makes it clear that the marriage tie lies in the hand of man.
The law says that if the man and woman have entered into the bond of Nikah
and the dower has been determined but divorce takes place before the
bride’s departure from her home, the man will have to surrender half of the
dower.
The Quran syas:
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Ahzab: 28 to set his wives free from the bond of Nikah in a proper way after
w
giving them their due if they were desirous of this world and its ornaments.
w ww
The Prophet, thus put option before his wives. Hence, every Muslim can also
.j a w
grant the right of divorce to his wife. This argument is not justified; because
ve .a
the special principle mentioned in Al-Ihzab were meant for the Prophet and
da l-m
his wives only and they had nothing to do with general Muslims. The right
hm a
of separation given to the Prophet’s wives here does not meant, according to
the Quran itself that it was a right meant for all muslims. The Quran
ad wri
explained it by telling that the path of the Prophet was difficult and needed
g h d .o
much tolerance. If any of the Prophet wives was unable to pace with him in
am rg
“O Prophet, say to your wives: if you seek this life and its
om
finery, come, I will make provision for you and release you
honourably” (Al-Ihzab 33:28)
It is obvious that the world and its finery is, according to the Quran’s
clear explanation, admissible for general lot of mankind. It was disallowed
for the Prophet and his wives only. This is why the special status of the
Prophet’s wives determined further in the Quran:
“O wives of the Prophet! You are not like the ordinary
woman”.
Next the Prophet has been told, in the context of his wives,
“This is only for you and not any other believer”.
The careful study of Al-Ahzab makes it clear that the law of marriage
and divorce for the Holy Prophet were different from those meant for
ordinary Muslims. Thus they cannot be applied in normal circumstances.
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that they have given them, unless both fear that they may not be
.j a w
“The wife of Sabit bin Qais came to the Prophet and said,
“O Prophet of God! I do not want objection to the faith or
id
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angry husband used to utter this word for his wife, “You are just like my
am rg
mother”. Those days it was considered severer than even divorce. It was so
because in the Arabian culture, before Islam there was a room for
id
Since all this was out for intense rage which ensured repentance for
both the parties, God declared it null and void and issed an instruction for
that.
We know through the study of the Quran that a woman presented her
matter related to ‘Zihar’ before the Prophet. She expressed her fear that the
whole of her family would be dismembered if she had been separated from
her husband. It is testified through the different narratives that this woman
was Khawaila whose husband Aus had done ‘Zihar’ to her. Aus, due to his
old age had become short tempered and a bit cynical. Therefore, the Quranic
instruction was revealed on this issue. We realize through this instruction
that Islam protects the security of unity of a family and saves it from
disintegration to every possible extent.
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sixty of the poor. This is enjoined on you so that you may have
w ww
faith in Allah and his apostle. Such are the limits set by Allah.
.j a w
58:1-4)
da l-m
hm a
the spirit of Islam if declaring the three divorce given at a time as just one
am rg
divorce and the above mentioned punishment should also be imposed on the
husband by the state.
id
a man witnesses his wife with another man in a state of adultery but has no
om
evidence except himself, he and his wife would both appear in the court of
law. The husband will swear for five times in support of his claim and wife
will also swear for five times if she denies the charges. After that they will
be separated from each other forever.
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man is not responsible for the requirement of his wife after the final divorce
w
as there are no chances left for reconciliation. It is also argued that the
w ww
wife also says, “You never know; after that Allah may bring to pass some
ve .a
new event”. It indicates that husband and wife are directed to live in the
da l-m
same house so that the situation may get reformed. It is obvious that there is
hm a
According to this narrative when Fatima’s husband divorced her for the third
am rg
time, she went to the Prophet with the plaint for her right of residence and
other requirements of life. The Prophet did not declare her deserving for all
id
that and directed to complete her waiting period at the residence of another
i.c
of his companions.
om
We believe that all three arguments quoted above are not very sound.
Firstly, because after the verses 1-2 of Al-Talaq the matter of the residence,
feeding and clothing of a woman has been repeated through the verse 6
before winding up the matter. This repetition intends to make this right of a
woman clear. Secondly, the Quranic word, “You never know; after that
Allah may bring to pass some new event” have a vast connotation. It has an
indication in case of third divorce that God will open new dimensions for
man and woman both after that interim period. It also indicates that a
woman, however needs her requirements to be met with during that interim
and emergent period. Thirdly, God would have revealed it clearly in the
Quran if there was no obligation upon man towards the woman after the
third divorce. So far as the narrative of Fatima binte Qais is concerned,
prominent scholars like Umar (second Caliph of Islam) and Aysha (The
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Islam and Woman 95
Prophet’s wife) have refused to accept it despite its valid reference. Umar
said,
“We cannot overlook a Quranic verse and the Sunnah of
the Holy Prophet just because of the saying of a woman, who
does not know what she remembered and what forgot. I have
heard myself from the Prophet’s mouth that a woman divorced
for the third time deserves residence and feeding too”.
Various other narrative make us realize that Fatima binte Qais was
da l-m
sharp tongued and impertinent. This was the reason that her case was
hm a
facilities of residence and living expenses during the waiting period even
am rg
The answer is that Islam has only accorded the guideline and has left
the matter of detailed legislation upon the time and circumstances. In fact
circumstances differ with the passage of time. So it is necessary that
different legislation is done according to the requirement of time. The Quran
has given the guiding principle that whenever a woman is divorced:
“Must be retained in honor or allowed to go with
kindness”. (Al-Baqara 2:229)
It further says:
“When they have reached their prescribed time, either
keep them honorably or part with them honorably”. (Al-Talaq
65:2)
There are two important Arabic words in the above quoted Quranic
verses; ‘Ihsan’ and ‘Ma’aroof’. ‘Ihsan’ means doing something in the best
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of the state to legislate and get it enacted in the required form under
w ww
‘Ma’aroof’.
.j a w
ve .a
We observe that there was no need for any such legislation during the
da l-m
period of the Prophet. Every divorce woman was offered many proposals for
hm a
marriage immediately after her waiting period had been over and she used to
accept one of them. It was considered good for divorced woman to marry
ad wri
anew immediately after the lapse of her waiting period, nor men were
g h d .o
marry her. Mostly a woman is divorced when her parents are dead and all of
her brothers and sisters are well settled in their respective homes. Hence she
becomes all alone and appears to be a picture of intense grief and misery. It
is, therefore necessary that proper laws are made for her future. Such
legislation can have two forms. First that the first husband must be made
bound to pay some suitable amount on monthly basis till the woman marries
a new man. Second that man should hand over some reasonable amount to
the woman at the time of divorce. The first method does not conform to the
spirit of Islam as it might tempt the woman not to marry again whereas an
Islamic society asserts that every adult man and woman must get married.
Moreover, a woman remains dependent upon her previous husband
permanently under this method, old memories die hard and the woman can’t
plan in a proper manner to proceed in her life according to her capability.
We, therefore consider the second method as more proper. It means that
there should be a law making the man bound to pay a reasonable sum of
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Islam and Woman 97
amount to the woman at the time of third divorce. The court may make
changes in the amount after viewing all circumstances. The court will have
to keep numerous factors in view like fixing the main responsibility, the
duration of couple’s joint stay as the woman would have served her husband
free of cost for that duration and she would face much difficulty in searching
a new husband now and the financial conditions of both husband and wife
individually etc.
This method is fruitful for both man and woman, as man gets relieved
of his obligations for ever and the woman can also start her new life
instantly.It is, therefore obligatory upon every Muslim state to introduce
legislation in this context immediately. It would close the door of oppression
w
and would open the gates of “Ma aroof” and “Ihsan”. However, people
w
should enter this term in the bond of Nikah as long as the state does not take
w ww
even after the third divorce. It is possible just in one situation. If the
da l-m
woman marries another man but is divorced by him too or he dies, she can
hm a
until she has wedded another man and been divorced by him; in
which case it shall be no offence for either of them to return to
id
the other, if they think that they can stay within the limits set by
i.c
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Ibne Majah, the Prophet assimilated such a man to a hired bull. According to
a narrative registered in Tirmizi and the Nisai the Holy Prophet said:
“The one who does “Hala’la’ and the one who gets it
done are both cursed by God”.
Such a ‘Hala’ la’ is a plot against the dignity of mankind. Therefore it
is necessary that there should be some strong legislative measure to counter
this malpractice.
Next thing to be known is what should be done of kids in case of a
divorce. It is desirable that the man and woman reach some mutual decision
otherwise the court can make any judgment about the children keeping in
view their circumstances. However, it should be kept in mind, in this context
w
that the mother is more suitable for the look after and brought up of infants
w
who was born to me, fed by me, brought up in my lap and now
ve .a
his father has divorced me. He wants to acquire this child too’.
da l-m
The Prophet said, you deserve more to keep the child until you
hm a
several times during the last nine years of his life (fifty four to sixty four
i.c
years of age) whereas he lived with only one wife during the first twenty-
om
five years of his married life. It is noteworthy that his first wife, Khadija was
fifteen years older than him. At the time of Khadija’s death the Prophet was
fifty. He married another old widow who remained as his sole wife for
the next three years. He married several times during the last nine years
of his life after he had come to Madinah. What is the justification of this
apparently strange action?
In fact, after the first two, rest of all marriages of the Prophet were for
the accomplishment of the Prophethood. The whole matter of these
marriages was in direct control of God. This is why the Quran declared it a
process of the performance of the Prophethood and made the specific laws
regarding these marriages clear. The Prophet was not allowed to marry
outside a particular circle. He was not allowed to divorce any of his wives.
His wives were also not allowed to remarry after the death of the Prophet.
They were declared as the mothers of all Muslims and were imposed some
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widow of fifty.
w
realized from the women‘s point of view. First the Muslim population
.j a w
started growing rapidly. There was a dire need of some women who should
ve .a
have been trained directly by the Prophet so that they should be able to
da l-m
impart the same to the women who newly entered the circle of Islam.
hm a
Second that the Muslims had been embattled by some very important tribes.
The only way to merge these tribes in Muslim Ummah was to develop their
ad wri
relationship with the Holy Prophet. It was also necessary that there should be
g h d .o
some women able to impart Islamic social values to other Muslim women.
am rg
for the accomplishment of all these objectives. Among all these wives of the
i.c
Prophet, Ayesha was the only woman who was unmarried before entering
om
into the bond of Nikah with the Holy Prophet. Rest were all widows or
divorced. Each of these marriages was a source of help for the promotion
and propagation of Islam.
It should also be remembered that some of the Prophet’s wives kept
on educating muslim women for almost half century after the death of the
Prophet. In fact, the same was the background of the marriages of the
Prophet.
SUMMERY
To sum up the whole chapter the important points are given as under:.
1. Any sexual relationship outside the bond of marriage is disallowed.
2. Nikah is an open, free and subtle contract between an adult man and an
adult woman.
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3. Ideal married couple is like apparel for each other. They take care of each
other. They have equal rights and obligation in usual circumstances.
4. Man is bound to fulfill all valid requirements of his wife. He is not
allowed to tease her and be cruel to her. He has to adopt a nice attitude
towards her.
5. A wife has to be obedient and loyal to her husband. She will keep his
secrets.
6. Man is the head of family who is responsible to meet all the requirements
of family and accord protection to it.
7. In normal circumstances, a husband is not allowed to strike his wife
physically even if he gets intensely enraged due to her negligence.
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8. The husband can punish his wife mildly for the larger interest of the unit
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of family if the wife revolts against him by taking interest in other men.
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9. In case of a dispute, one representative from each party should decide the
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matter together.
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12.Some specific conditions can be included in the bond of “Nikah” for the
grant of sense of security to a wife.
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13.It is proper to get the consent of the family regarding a marriage. But the
g h d .o
15.A wife cannot, normally decline the request of her husband for a physical
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30.All marriages of the Holy Prophet during the last nine years of his life
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had taken place on the direct orders of God for the proper
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Some proposals have been made in this chapter for the Government
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law.
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g h d .o
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Chapter-4
id
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There are some very important matters in Islamic law regarding the
capacity of a woman. It is generally believed that Islam makes a
distinction between the evidence of a man and woman. It is assumed
that the evidence of two women equal a man’ s and her evidence is not
acceptable in the matters of ‘Hudood’ which include murder, robbery,
theft and adultery. The argument advanced in its favour is that the Holy
Quran has declared that the evidence of two women is equal to one man.
The Holy Quran says:
Call in two male witness from among you, but if two
men cannot be found. Then one man and two woman whom
you judge fit to act as witnesses; so that if either of them forget,
the other will remember’’ (Al –Baqara-2.282 (a portion)
It indicates that a woman’s witness is, in fact half to that of a man in
any matter. A narrative from the Bukhari; Kitab-ul-Hais supports this
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1. So far as this fact is concerned that man and woman are alike in
according to Islam. The following Quranic verse are the strong and
clear arguments in its favour:
‘’ For Muslim men and woman, for believing men and women;
for devout men and women, for men and women who are
patient; for men and women who humble themselves, for men
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and women who give charity; for men and women who fast; for
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men and women who guard their chastity; and for men and
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women who remember Allah much- for them all has God
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It further says:
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‘’The true believers, both men and woman are friends to each
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other. They enjoin what is just and forbid what is evil; they attend
to their prayers and pay the alm-tax and obey Allah and His
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(Al-Tawba-9:71)
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upheld the distinction between a man and a woman in this particular matter.
The verse (282) of Surah Al-Baqarah primarily deals with the issue of
transaction of money in the form of loan or debt in day-to-day life. Islam in
such matters recommended its followers to keeping an account of the
transactions made. For that, the right to dictate the terms lies with the lender,
whereas the one whose services are solicited to pen it down is under divine
obligation to do so. The Quran ordains that two reliable and close male
friends be made witnesses over the deal. However, if only one man is
available at such occasions, two women alongside him be also made
witnesses to the agreement, with the objective that if one forgets, the other
could remind her about the deal.
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issue, one has to keep in view the particular context in which it has revealed.
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Firstly, the very first addressees of this verse belonged to a society where
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very few men knew how to read and write, let alone talk about women’s
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known to the people. Given this, the literate people have been asked in the
verse not to refuse if and when they are asked to write some document. With
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allowing them to have another woman alongside her, so that if she forget
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case it should have started with the words like: “Oh you who believe if a
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debt case is brought before you.” Instead it guides the faithful about a social
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evidence alone. Thus, precisely speaking, one can hold that this verse has
nothing to do with the crimimal cases and the evidence required in them.
Those who favor the woman’s half evidence in jucicial cased often
refer to a Hadith narrated in Sahih Bukhari, Chapter Menstruation, reading
as: women asked, “Oh Messenger of Allah, how do we lack in faith and
wisdom? The Prophet (Peace be upon him) said “Don’t you have half
evidence as against men? The women said yes. Then the Prophet (Peace be
upon him) said: this is how they lack in wisdom. Then he inquired “Are you
not exempted from prayer and fasting during menstruation? The women
answered in affirmative. The Prophet (Peace be upon him) said this is how
they lack in faith”. It might be mentioned here that the authenticity of a
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above is also stated in Musnid Ahmad Bin Hanbal through reliable narrators.
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According to that the dialogue took place not between the Prophet (PBUH)
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and a group of common women but between him and the wife of Abdulah
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Bin Masud. Strangely enough, Sunan Darmi also makes a mention of the
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text quoted above but calls it the saying of not any one else but Abdulah Bin
Masud. This contradiction shows that it is not safe to claim that these words
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‘dariat’), it becomes further evident that such words are wrongly attributed
to the Prophet (PBUH). To bring the point home, one has to refer to the
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theory of ‘cause and effect’. For instance, it sounds correct when one says
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is sharply at variance with the basic spirit of Islam besides being illogical
and unfounded.
The basic teachings of Islam with regard to fundamental beliefs,
virtues and rewards are not gender specific. Instead they hold both men and
women equally accountable for their deeds to God. Matters of prosecution
and persecution are doubtlessly no exception to this principal therefore; one
would be grossly mistaken to presume that women are intellectually
handicapped on account of the exemption given to them from offering
prayers and fasting during the menstrual period.
Because of menstruation, a woman normally stays away from prayers
and fasting for seven days each month. Calculated mathematically, it
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becomes almost one fourth, not half of the month, when she is spared from
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these two supreme obligations. If this be so, how come her faith be regarded
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as half than her male counterpart? Secondly, during menopausal period, she
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does perform all religious rituals in an identical fashion to men. This again
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proves the falsity of the claim that she is half in her faith than man.
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not belittle the status of a woman in the sight of God, for her act is driven
not by free personal will but by the commandment of her Creator. Therefore,
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she would be received not as someone with a lower degree of piety but as a
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true follower of Islam who would be rewarded duly against that in the world
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Resultantly, she happens to fast as many time as a man does, dismantling the
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argue that if, given the frailty and intellectual shortcoming, a woman’s
evidence is taken as half of that of a man is monetary cases, how come that
be equated with that of man in a highly serious and crucial issue of a crime?
In order to give credence to their viewpoint, they claim that a consensus
existed among the jurists of past in the said matter. They often, in this
regard, quote Ibn-e-Shahab Zehri saying: “since the era of Prophet (Peace be
upon him) and the subsequent caliphs like Abu Bakar and Umar, the
woman’s evidence in the matters of Hudood and Qisas has never been
accepted. This tradition has never undergone any change”. (Nasb-ur-raia,
Zeelai, volume 4, pp 79, chapter Evidence).
This is absolutely wrong because, as stated above, Prophet (PBUH)
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well-established fact that at least two jurists namely Atta and Hamad favored
women’s evidence in case of Hudood and Qisa.
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Having said that, one can safely maintain that declaring women’s
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Prophetic. Common sense and logic also point to the same fact. Therefore,
one cannot take it for granted.
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The above discussion tells us that in the matters generally not dealt
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It further says:
‘’ Those that defame honorable women and cannot
produce four witnesses shall be given eighty lashes. And do not
accept their testimony ever after, for they are great
transgressors’’ (Al-Noor-24:4).
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The question arises why Islam has demanded four eye witnesses in
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conceal any such slip on the part of a man and a woman and not to make it
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public. It should rather be kept extra judicial affair so that the guilty couple
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circumstances?
• Is it obligation of an individual to report it to state if he
witnesses the crime himself?
• What is the punishment for married adulterers?
• What is the penalty against the crimes of gang rape, rape and
prostitution? How can these crimes be proved?
• How would the case be proved if there is no other witness other
than the affected woman who falls a victim to rape or gang
rape?
• Would the woman be declared guilty of false accusation if she
fails to prove her claim?
• If a woman gets pregnant and she sues someone for the rape but
fails to prove the case, would she be tried on the crime of
adultery?
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hundred lashes. Let no pity for them detain you from obedience
to Allah, if you truly believe in Allah and the last Day, and let
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raised against two types of people. First against a normal persons. in the
society. The Quran instructs that such people should not be accused unless
there are four eyewitnesses to support the charge. Second, whose
professions, living styles and other circumstances indicate strongly that they
are prostitutes. The charge against such people can be proved through all
generally known and logically just methods like prospect, circumstances,
medical examination, Post –mortem, finger prints, witnesses and all such
evidences which can be a source for proving a case in the court of law. The
Prophet says:
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The Quran uses the words of ‘adulterer’ and adulteress. This is why it
is the extreme punishment of this crime and can be imposed on the
individuals who happen to commit it in the last extreme and does not
deserve any relaxation due to their circumstances. Therefore some people
are exempted from this punishment. They include the insane, simpletons,
constrained, non Muslims and the forced ones (who are deprived of offering
resistance). They must be punished but less than the extreme punishment.
The Quran says about the women who were forced to become prostitutes
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by their masters:
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“If any one compels such women for prostitution then surely
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Noor-24-33)
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Similarly, there was the matter of girl slaves during the period of the
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Holy Prophet. These women had been without the defence of their family at
their back through their childhood and youth time and had passed through
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The Quran says that even if their parents, husbands or masters manage to
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keep them chast yet they happen to commit such crime, they should be
granted half punishment simply because their moral foundation is weak. It
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says:
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“And if they are kept chaste yet they commit adultery, they
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Under the present circumstances when there are all temptations to arouse
sensuality, people have faulty moral education and innumerable people lack
necessary family and social protection, the state should make laws in this
regard and the court of law should also take this aspect into account.
The answer is that Islam dislikes it. The Quran declared the law for
slander for the same reason. The Prophet, explaining this point said to a
person:
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‘’If you had covered that man’s crime, it would have been
better for you ‘’ (Al-Mauta: Kitab-ul-Hudood)
It is also proper for the guilty noy to expose it and seek redemption of his
sin from God. The Prophet says:
‘’Anyone among you who gets indulged in such a filthy
crime should keep himself concealed under the covering
granted by God. If he will expose himself, we shall impose the
law of Allah upon him’’ (Al-Mauta Kitab-ul-Hudood)
adulteress.
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some of them:
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return of the murder. And third, a man who recants Islam after
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Lashes, he was later exiled while the woman was stoned to death.
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The other group has criticized the above eight arguments and
rejected on the following grounds:
In the very first verse of Surah Al-Nur, Allah says that this Surah
has been revealed and ordained upon Muslims as it carries God’s
Commandments in a clear and vivid manner. Then, in the second
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and His Messenger and spread mischief and tumult in the land’, as
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The very Hadith narrated by; Ubada bin Sabit further clarifies and
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The legislation done by the prophet (PBUH) was based upon and derived
from the verse of Surah Al-Maida, 5. the Islamic State, even in
contemporary times, can perform such legislation if it is confronted with the
challenge of prostitution and whoring..
Secondly, the word used in the verse (‘old adulterer man and old adultress
woman’) are also ambiguous, contradictory and controversial. It uses the
word, “old man and old woman” for the culprit but they might be married or
unmarried. Then how is it right to interpret it in favor of the stoning to death
penalty for married men and women? The words and phrases used in this
alleged Quranic verse are unbecoming of the great and glorious Quran and
cannot be believed in.
The tradition stated in Sunan Nisi is not only incomplete but also self-
contradictory. There are several other crimes in which the killing of a
muslim man is permissible, for example to kill a robber in self
defence, to kill a rapist in saving one’s chastity, to kill those who are
involved any way in rebellion, drug trafficking, addiction, terrorism
and like evils. In case of such kind, the state is sanctioned to legislate
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and grant even the death penalty to any of the culprit. A recent
example of this is Saudi Arabian Law where death sentence is granted
as a penalty for drug trafficking. Another noteworthy detail is that all
the above four traditions are diparate and contradict each other. For
example, in the words of Ubada bin Sabit only a married involved in
adultery should be stoned to death or whipped. Whereas, according to
Sahih Bukhari, whoever fornicates should be stoned to death. In the
tradition of Hadrat Umar, the old adulterer and old adulteress, either
married or unmarried should be killed by stoning. The tradition
maintains the penalty of stoning to death but forgive the trial of
whipping. What concerns a genuine person is the question whether a
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age. However, the incident has been narrated in different books with
various contradictions and conclusions. One narrator describe him as
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simple and innocent fellow, who committed the sin, felt guilty by the
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source tells us that his case was the case of rape and not adultery, as
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the Prophet (PBUH) called for the affected woman too but did not
persecute her as her involvement was not willful (Tabqaat Ibne Saad,
Volume-IV, Page-321). On the same day, the messenger of Allah
gave a sermon during ‘Asr’ prayer and without naming the fellow
unveiled his conduct and character. Sahih Muslim states it as follows,
“Did it not happen that whenever we came out of our home in Allah’s
way, one among us remained there who was overwhelmed and
restless by his lust. O believers! I am but obliged to award such fellow
a grievous penalty whenever he is brought to me” (Sahih Muslim,
chapter Al-Hadood). The above words prove that it was an offense of
rape and the Prophet (PBUH) punished him accordingly.
Secondly, we have no clear and definite detail when did this incident
take place. It is possible that it happened before revelation of Surra Al-Noor,
24. if it is true, then it seems safer to conclude that the Prophet (PBUH)
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might have punished him by following the Mosaic Law, as it was his
common practice to do so before a clear Quranic commandment had been
sent to him. Moreover, the Holy Book itself states that the Quranic
injunctions are much lighter and benign than the Mosaic Law. A married
man or woman are asked to be killed by stoning Torah but the Quran
afterwards lightened the punishment in Sura Al-Noor (24:2), where the
penalty for an adulterer is stated.
Thirdly, it might also be asked that did Maiz have any opportunity to
escape from or evade the punishment? The answer we find in his last words
as recorded in history, “take me to the Prophet (PBUH). My tribesmen
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ruined me. They deceived and lied to me. They kept on telling me that the
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Prophet would not kill me”. Afterwards when the prophet (PBUH) was
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informed about it, he said: why didn’t you spare him why didn’t you let him
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go, why didn’t you bring him before me”. (Abu Daud, Al-Hodood).
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Tabqat Ibn-I-Saad adds to it “Why didn’t you leave him. May be he sought
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This again confirms that in case of ‘spereading mischief and tumult in the
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the culprit, whereas in other Had cases, the state has no authority to do so.
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The above details make it definite to think that it was a case of rape and the
Prophet (Peace be upon him) granted him punishment in this offense.
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Where were her tribesmen at the time of her funeral and burial?
Such important yet minute details are missing in her account and
give way to countless doubts and Confusions about the issue? Most
of all, in any of these narrations, she has not been declared as a
married woman, so they become quite unvalid and inauthentic to
justify the penalty of stoning to death for a married culprit.
With regard to the case of the laborer and his alleged illicit
relations with his lord’s wife, it seems as if it was a case of
prostitution. When it became open, the lord made a deal (with the
father of the laborer) by taking 100 goats and one concubine. Now
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Arab lord would make a bargain over his own wife’s chastity? It
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can be asserted that the man and his whole family were involved in
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deal over it. But it was all by chance that they met a fellow who
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wanted to take back his goats and concubine. The man did know
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that if reported, his son would be less punished whereas the woman
would meet her ultimate end. Thus every thing got revealed in this
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conflict and the prophet (PBUH) punished the woman against her
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In any way, what we gather from this narrative is vague, unclear, and
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questions, thus it can not be used and referred as a legal precedent for
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any other case. For example when did the incident take place? How
did the crime get revealed? How was the culprit caught and who was
the witness? Did the wife herself tell the husband that she was
successful in her decision and could he ask for a material
compensation from the laborers father by making a deal?
The incident reported to have taken place in the era of four Caliphs
are also fraught with contradictions and controversies. For
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Islam and Woman 118
which has or might have manifold meanings and all of them are valid. It can
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well as Islam and Muslim man/woman. Contrary to this, there are few words
that are specifically used for marriage and the married man. Is it correct to
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use such euphemistic terms for such a critical and serious matter in which
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one is meted out such an exemplary punishment if the crime is proved? For
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example, what if some one uses or might use the word ‘ihsan’ for getting re-
involved in adultery after once withdrawing from act. In that way it might
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create an ambiguous situation in which the spirit of law and justice might get
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abused.
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lot’’. Rather there has been a great school of authentic and eminent
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scholars and jurists in past thirty years whose sincerity and perception
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of faith is beyond any doubt, but nevertheless they did not favor this
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Ghamidi
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for the crimes like rape, Gang Rape and Prostitution. How are
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The answer to this is that all above mentioned crimes fall in the list of
the crimes that amount to messing on the earth. There is a law for all these
crimes in Al-Maida-5:33-34 that tells that such criminals may be killed in an
exemplary manner. If the state conditions are not favourable for such
punishment, they should be sent in exile or should be restricted in some
particular area so that the society remains safe from their evil and
wrongdoing.
The second part of the question was how these crimes are proved.
These claims are proved in the same manner as all other crimes in the world
are proved. Our religion has not forced us to adopt some particular measure.
However, the Quran has imposed a special law for the abolition fo
prostitution. According to this law if the Muslim women do not refrain
themselves from prostitution, four witnesses should be called to present their
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overtakes them or till Allah finds another way for them’’. (Al-
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Nisa-4:15)
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take action against such prostitutes on the public complaint and to appoint at
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eye-witness other than the affected woman herself and if she fails to
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mostly select solitary and uninhabited places for the enactment of their evil
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In fact, there are two possibilities in this context. First that her charge
is true but it lacks sufficient evidence to prove the case or there is some
technical fault in the evidences or the case has become weak due to the
manipulation of police. Obviously the affected woman is not at fault in this
situation. Second that she has accused someone just to defane him or for the
sake of money. This situation has three more aspects. First whether the
charge has been levied against a normal person or a man of weak character.
Second that such an accusation is more harmful for the reputation of a
woman than that of a man. Third that a woman just once in her life can level
a false allegation as she would lose her integrity in the eyes of the court and
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the society after just one case. Therefore, keeping in view all such
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women would not be tried by the court itself if the case is not proved.
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However, the affected party may sue for the claim of defamation if it
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If a pregnant woman sues for rape but fails to prove the case, will
she be tried in the case of adultery?
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g h d .o
pregnant women are behind the bars who sued for rape but failed to prove
the case. Consequently they were tried by the state for adultery, as their
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pregnancy was a strong proof against them. This augment is wrong. The
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woman could have been raped but the case could not have been proved and
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the accused would have been given the benefit of doubt by the court of law.
It is therefore proper to grant the same benefit of doubt to the appellant too.
Another noteworthy point is that no woman would seek justice from the
court of law if they were held guilty in this way. It would start the practice of
injustice and Oppression in the country in an endless manner. Third aspect is
that it is wrong to say that a woman cannot be raped without her consent. A
woman can be raped on the threat of murder. She can be blackmailed
repeatedly through any of her irresponsible action like her letters to someone
or the similar. Fourth aspect of the matter is that the modern method of DNA
test can determine whether the woman has been made pregnant by the
particular man or someone else is responsible for that. The facility of such a
test should be provided because it would help in lessening the incidence of
such crimes. As long as this facility is unavailable in the country, the blood
specimen and tissues of man and woman can be sent abroad for examination.
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Keeping in view the above aspects and factors, there is a need for
legislation to ensure that a pregnant woman, having failed to prove her case,
will not be sued by the sate itself.
Whether the state would itself declare the claimants, who fail to
prove the case, as incompetent of presenting themselves as evidences in
future or the affected party would have to file a separate petition.
addressed the state and the court clearly in this matter. It says.
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The above Quranic verse makes it clear upon the state and the court
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effected party, he may not contact the court due to the fear of the
complicated judicial procedure, wastage of time and money, further
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defamation and the influence of affluent persons and the guilty of slanders
g h d .o
respectable woman.
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In the same way it becomes clear through the Quran that, Dayat,
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should be paid according to the tradition, law and practice of the society.
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It says:
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tradition of Arabia and brought no change in it. He did not issue any clear
order as a permanent religious binding by himself. Similarly, the amount of,
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expenses are the liability of her husband. The third aspect of the matter is
that the Quran has declared the shares of man and woman equal in legacy
during extra-ordinary circumstances when it is feared that her personal
expenses like medical treatment due to old age would exceed a certain limit.
For example according to Al-Nisa -4: 11 if a person having children dies,
one sixth of his legacy would go to both of his parents. Obviously both of
them would be old or bordering with old age and their personal expenses
including medical charges would be unusual.
The above discussion makes it clear that in fact, the shares of man and
woman are equivalent if all aspects are kept in mind and the rights and
duties of both the sides are duly regarded.
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so important that a foster mother has been elevated to the status of a mother
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by Islam. Her children are declared spiritual brothers and sisters of her foster
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child and their mutual marriages are forbidden. Hence this relationship
becomes so sacred that everyone has to respect it. Her husband is also like
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Three legal aspects in this context must be understood well. First that
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brother and sister of the foster child and hence they are free from any
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Hajj).
w
There are two more true narratives in this regard. One narrative
w ww
mentions two days and nights while the other relates half day.
.j a w
Both the above narrativ differ in the number of days during the
ve .a
without her ‘Mahram’ had been disallowed as final order there would have
hm a
been just one instruction issued by the Prophet regarding the number of
days. It means that this matter pertains with prevalent circumstances or any
ad wri
seemingly prudent measure. During the period of the Holy Prophet when his
g h d .o
hold was not yet strong on the entire empire of the Arabian Peninsula and
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there was general state of unrest, it was unsafe for a woman to travel alone.
It must be remembered that this journey had to take place through barren
id
deserts occupied by unruly tribes. Therefore, it was natural for the Prophet to
i.c
direct woman not to travel for more than twenty four hours without the
om
company of some near relatives. It was all for the safety and honour of a
woman. We come to know that the Prophet allowed woman to travel alone
for a longer period when the circumstances became favourable. The fact that
this matter is related to the conditions of peace is known to us through a
narrative related by Adi Bin Hatem and registered in the Bukhari:
“ The Prophet said that there would be the time quite
soon when a woman will travel on a camels back all alone from
Haira (a far flung area) to Makkah for pilgrimage but she would
have no other fear except the fear of God and that of wolf”.(the
Bukhari : Kitab-al-Manasik: 3595)
Adi says that he himself witnessed later it happening exactly in the
same manner. He witnessed that an alone woman used to come from Haira
and offer her pilgrimage without the fear of anyone except God.
The above discussion proves that the matter of alone woman’s journey
is based on prevailing circumstances, common sense and the prudent
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measures. A woman should not travel without the company of some close
relative but if the gravity of the situation is lessened, she may do so. Hence,
it can be said that it is a social instruction which has nothing to do with any
permanent principal.
Relying themselves on the same narratives, several Muslims scholars
debate whether a woman can go on pilgrimage without the company of her
‘Mahrm’. In this regard, Imam Malik and Imam Shafaee have the opinion
that an alone woman can travel in the company of such pilgrims who are
known for their satisfactory moral standing. Imam Ibn Hazm believes that a
woman can travel even without anyone on her way for pilgrimage. He
further says that she can go alone if her ‘Mahram’ is present if he can’t
w
accompany her or is unwilling to go. We believe that both the conditions are
w
where husband and wife have no rights on each other and they can’t be
declared as heirs to each other. Such a woman has neither the obligation of
ad wri
the waiting period nor she gets proper divorce. This term means that the man
g h d .o
uses a woman physically and sexually for a limited period on payment. Thus
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favor of their opinion which give an impression that ‘it was practiced during
i.c
the regimes of Caliph of Islam but it was banned later by Umer, the second
om
Caliphs, during his regime. So it appears that it is valid but it was banned by
Umar through an administrative order. Since an administrative order can
lose its implecation at any time it seems better to view the matter in the light
of Islam because its claims of validity gives the impression as if prostitution
is allowed in Islam.
It is very clear that the Quran is the only equity to distinguish right
from wrong in Islam. This is the only standard and is sublimest of all. The
Quran is very clear about the fact that the only possible sextual contact
between a man and a woman can take place through marriage. The other
possibility during the earlier period of Islam was the relationship with one’s
slave-girl. It was so clear that a Quranic verse was revealed in the earlier
period of Islam in this regard.
“(Successful indeed are the believers who) restrain
themselves from sexual desires, except with their wives and the
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you. The food of those to whom the Book was given is lawful
w
to you and yours to them. Lawful to you are the free believing
w ww
woman and the free woman from among those who were given
.j a w
the Book before you, provided that you give them their dowries
ve .a
modesty in their eyes and a modest dress on their bodies while women are
g h d .o
not allowed to reveal their finery upon men. The reference to (Al-Nur-25:
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that it appears as if it is the most important thing after the basic creeds in
i.c
Islam. It discusses the dower in this context. It throws light on each and
om
every aspect of the relationship between husband and wife, determines their
rights and obligations and describes the conditions for their mutual
separation. Had ‘Muta’a been valid, all above exercise would have been a
futile effort as’’Muta,a’ means open prostitution where people look at those
women in a lusty manner, buy them for a limited period which may be upto
a single night as well and then both the parties become stranger to each
other. If we justify, Muta, a, in Islam all Quranic suras like Al-Baqara, Al-
Maida and Al-Noor rather the whole Quranic teachings become irrelevant in
the context of man-woman relationship. It is therefore, clear that, Muta,a, is
completely disallowed in Islam. It is in fact adultery.
However, the case of the narratives is different. If we collect all the
valid narratives in this context, they can be divided in the following groups:
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3 The third group of narrative conveys the sense that “Muta’a” was
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sense in the Bukhari and the Muslim: Kitab Al-Nikah with refernce
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Abdullah and Salman Bin Aku in both these books support this
view.
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allowed during the regime of the Prophet and Abu Bakar. Umar
w
Atta.
ve .a
da l-m
“The Prophet said: from this day Muta’a is disallowed for you
till the dooms day. Whosever has given something to a woman
id
Some aspects of all the nine above quoted narratives need our
om
attention. First that all the above narratives have valid reference. Second that
all are these are contradictory to one another. If some of them find any
similarity, other are so contradictory that there is no possibility of finding
any common future in them. Third that there are so many contradictory
narrated by one person (at times some companions of the holy Prophet and
some time their successors). For example there is a narrative with reference
to Ibn Abbas that Muta’a was forbidden through the revelation of Al
Muminun while in another narrative he says that he used to issue a verdict
regarding Muta’a. according to another narrative with his reference he had
turned to his previous verdict. It is also narrated by Sabrat Jahm that Muta’a
was banned a few days after the conquest of Makkah. It is narrated by Ibn
Rabi as well that Muta’a was declared unlawful at the time of the last
pilgrimage of the Prophet when a year had passed after the conquest of
Makkah. Fourth aspect of the matter is that there are several things in these
narratives which are not only contradictory to the Quran but also run counter
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Rabbi’s father along with another tribe’s man set out in search of women.
w ww
The narrator was handsome than his fellow but the other fellows had a newer
.j a w
shawl as compared to the one he himself had. They reached the southern or
ve .a
northern part of Makkah where they met a beautiful girl who was young like
da l-m
a female camel with a long neck. They asked her whether she was ready to
hm a
have Muta’a with either of them. She enquired about the wages. Both the
candidates put down their shawls on the ground. She watched them keenly
ad wri
and Rabbi’s fellow also gazed at her from her head to her hips. Rabbi’s
g h d .o
fellow boasted that his shawl was newer than the one his companion had. On
am rg
hearing this, she expressed that there was nothing wrong with his shawl. She
repeated this thing for several times. Rabbi said that he ultimately had
id
Muta’a with her and never left her place until the Prophet disallowed the
i.c
The above discussion makes it clear that the principle in the Deen is
that the Quran is the authority in every matter. It has the supreme stand. If
any narrative stands contradictory to the Quran, it must not be granted even
the slightest weightage. The narrative is, in fact an information
communicated by an individual to another individual. The real matter may
take a different turn in this process of communication. A thing may slip off
the memory and the likelihood of deliberate attempt of tempering in also
there. All types of errors might find room despite all sorts of safety
measures. On the contrary, God himself has vowed to save the Quran in its
original shape. Therefore, any narrative contradictory to the Quran cannot be
accepted in any case.
Here, we are confronted with another issue: Is there any justification
for the above mentioned nine groups of narratives and could there be any
congruity among them?
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We believe that the only justification congruity could be that Mata,a, was
not allowed since the beginning but its practice was at times overlooked with
the intention to train the society gradually in the moral field. Moreover, this
instruction had, probably not reached all muslims instantly. This is why it
was practiced for some time. Anyhow the Prophet forbade its practice
repeatedly. Finally, when Umar, the second pious Caliph of Islam witnessed
that people still had doubts about it, he declared the enforcement of the ban
on this unlawful practice in a forceful manner on the state level.
The Quranic verses quoted in this book deal with slaves and slave
.j a w
girls at certain places. It is, therefore, essential to make the Islam,s point of
ve .a
blessed humain being with dignity and he is created of the best mould. The
Quran says.
ad wri
It further says:
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Had all of them been set free immediately, they could not
w
them were unable to earn for their souls. As a result they could
w ww
have become beggars and the maid servants would have been
.j a w
which did not ensue any serious problems and all men and
women servants, gradually became an integral part of an
ad wri
great social virtue to set a slave free. The Quran Says: ‘Get the
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rights are equal to those of all free men and women. It says:’
om
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someone with love those days) in order to change the well beset concept of
w
Afterwards, two such steps were taken which made the number of
ve .a
slaves remarkably less and the future slavery was eradicated for ever. The
da l-m
first step was the implementation of the ‘deed of freedom’ which was a
hm a
source for a slave to get freedom after the payment of some amount through
an agreement with his master. The state and the public were asked to help
ad wri
“As for those of your slaves who wish for a deed (of
freedom), free them if you find in them any promise (of
id
It further says:
‘(After you overpower the unbelievers in the battle, bind
(your captives) grant them their freedom or take ransom from
them, until war lay down its burdens. (Muhammad-47:4)
Since a person could be enslaved only as result of war, the door of
slavery was closed for ever through this Quranic injunction. Thus the
institution to slavery was abolished completely by Islam.
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w
w
w ww
.j a w
ve .a
da l-m
hm a
ad wri
g h d .o
am rg
Chapter 5
id
i.c
The Quranic order is for all men and women. Hence it is the
responsibility of a Muslim state to seek the opinion of women like men and
grant them right of vote. It is also obligatory upon women to express their
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Islam and Woman 135
opinion in all collective affairs. The Quran quotes the example of the
Prophets shoaib who accepted the advice of his daughter. The Quran directs
through Al-Baqara-2:233 that husband and wife should decide the matter of
weaning their child through mutual consultation.
women. The valid narratives and the historical events reveal several such
.j a w
incidents that testify the above claim. For example, according to a narrative
ve .a
and acted upon her advice as well. The pious Caliph also used to consult
women on various matters. Several historical events approve of this fact. On
ad wri
the issue of the appointment of Usman as the third Caliphs of Islam. Abd-al-
g h d .o
So far as the second question is concerned, Islam has never laid any
embargo upon women to assume an office of responsibility. Since they
id
can assume an office, they can contest elections as well. Shafa Bint-e-
i.c
Abdullah was entrusted with the duty of inspecting the market by Umar, the
om
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support of their logic. The Quran says that when Talut was appointed as the
ruler of Banu Isarad, by the Prophet Daud, the nation objected to it. Daud
convinced them by telling that Talut had an edge over other people in terms
of knowledge and physical strength. It indicated that the physical strength
was one of the prerequisites for a ruler. Since man is blessed with physical
strength, only he is suitable for the rule of a state.
We disagree with the above argument. The manly appearance,
wrestling, and the use of weaponry were the qualities required by a ruler
during that period. It was so because the ruler also held the portfolio of the
Commander in Chief of the Armed Forces and he had to combat in the
battlefield himself. This is why the Quran describes that Talut killed Jalut,
w
the head of his rival forces. Today, no ruler fights himself in the battlefield.
w
The best equity for a ruler today is that he must be farsighted and wise. We,
w ww
therefore, cannot deduce any permanent principle for our selves out of this
.j a w
incident.
ve .a
Two more Quranic verses are quoted as argument against the headship
da l-m
they do not offer any such logic in favour of the above point of view. Both
of these verses are related with the relationship of husband and wife. These
ad wri
verses convey that man will act as head of the family when he marries a
g h d .o
woman and forms a family. If God had an intention to issue a similar order
am rg
in case of a state as well, it would have been laid down in the Quran clearly.
id
Among narratives, only two demand analysis in this context. First one
i.c
is from the Bukhari. Abu bakra (not the 1st Caliph, but another person),
om
narrates that the Prophet, on hearing that the daughter of the ex-king of Iran,
Kisra was appointed as the new ruler of the country, said that, “the nation
that appoints a woman as its ruler can never succeed”.
This narrative generates some important issues,
According to narrator of this narrative, Abu bakra, he
recollected it on the occasion of the battle of Jamal. This battle
was fought in 36th year of Hijrah. It means that Abu bakra had
heard it from the Prophet’s mouth at least thirty years before. It
had been slipped off the attic of his memory during this period
while he recollected it on a special occasion. It looks quite
strange.
Since it was an important issue, other companions of the
prophet should also have heard it from the Prophet’s mouth but
no one else quoted it ever. There were thousands of the
Prophet’s companions present on the occasion of the battle of
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Jamal from both sides but it struck no one else’s memory. Not
only this but no one also segregated himself from Ayesha’s
army. It is above board that the Prophet’s companions could
never miss an opportunity of acting upon the Prophet’s saying.
It is also clear from the logical point of view that the Holy
Prophet could never say like that. It is so because many such
states have gained materially which were headed by women. (it
must be borne in mind that this narrative clearly deals with the
worldly gain because a nonmuslim state has been discussed
here). The success in the life after death is not conditional with
the distinction on the basis of sex.
w
chain.
hm a
and punish them. Ali was of the opinion that he would certainly
i.c
held negotiations on the issue for three days. The talks were
fruitful and both the sides reached an agreement, the terms of
which were to be written on the next day.There were several
trouble seekers on both sides who intended to create a conflict.
They conspired in such a way that both the sides doubted each
other for having violated the treaty. Ayesha was in the cradle on
a camel’s back at that time. Her camel was brought to the battle
field so that the fighting factions should stop fighting in her
respect. The opponents, on the contrary though that Ayesha had
herself come there to command her army. The battle instead
became severer. At last, Ali stood victorious in the battle and
sent Ayesha to Madina with great respect. (please see Urdu
Ma’araf Islamia Vol-7,Jang-e-Jamel)
All this detail proves that Ayesha was neither a claimant for the
headship nor she had commanded the army. She lived for twenty two years
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after this tragedy and spent the whole time in educating women. If she were
desirous of any political leadership, she would have remained active in this
respect. Thus the claim made in this narrative is totally baseless.
The second narrative belongs to Tirmizi. According to Abu Huraira
the prophet said, “When you have the best among you as rulers, you wealthy
people are generous and your affairs are settled through mutual consultation,
the surface of the earth is better for you than its womb. When the worst
among you are your rulers, your wealthy people become miser and your
affairs are settled by women, the womb of earth is better for you than its
face”.
This narrative is true as per its content. It means that every civilized
w
certainly respect the opinions of all categories of people including men and
w ww
issues, become lethargic and luxury prone and hand over all the matters of
ve .a
this narrative is not against women rather it condemns the lethargic and
hm a
important compilations.
g h d .o
It is a fact that Islam has never laid any such restrictions on any issue
am rg
because there would have been clear Quranic instruction if there had been
any such intention. The Quran has its peculiar style that it describes all
id
narrating the incident of the Queen Saba of Yemen in Al-Namal who had
om
embraced Islam on the invitation of the Prophet Sulaiman, the Quran neither
approves of the rule of a woman nor discards it. The Quran does not even
mention whether Saba was kept as a ruler after her embracing of Islam or
not. Had there been any intention of God to issue a clear order, it was the
most appropriate opportunity for that. Hence, keeping ambiguity over here
indicates that being a woman does not hamper her from becoming a ruler
We consider the above attitude of Islam as a very wise action. There
might arise such circumstances when a nation or a large faction can have
consensus on the rule of a woman only, particularly when a ruler is dead or
he is assassinated. The recent history reveals that a woman goes for a rule in
the compulsive and pressing circumstances only when her father or husband
meets some accident. She usually does not like to assume such
responsibility.
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w
w
w ww
.j a w
ve .a
da l-m
hm a
ad wri
g h d .o
am rg
id
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Chapter # 06
om
This chapter deals with the matters pertaining with the personal life of
a woman. These include several such issues that are generally
misunderstood. Hence, it is essential that all such issues are taken together.
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During the above two processes, husband and wife are not allowed to
w
have sexual relationship with each other. However, rest of routine matters
w ww
and she may not offer them even after words. She is not allowed to fast
da l-m
during these days but she has to fast for these days after she become pure. If
hm a
rounds of Ka’aba) and ‘Saee’ (taking seven rounds between the mounts of
g h d .o
Safa and Marwa) but she has to go through ‘Tawaf’ and ‘Saee’ after she gets
am rg
purified.
A woman is not allowed to touch the Quran during these days.
id
However, she may recite the remembered portion of the Holy book verbally.
i.c
This is the stance of Imam Malik and we agree to it. If a woman has to study
om
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God is particularly kind towards women. Thus they have been granted
such relaxations in the performance of their religious duties that they can
earn a reward equal to men with a little effort. It has already been pointed
out that women are exempted from performing the duties of prayers during
the menses and ‘Nafas’ periods. If the month of Ramzan falls during these
periods, she is allowed to fast for the affected days as per convenience after
she gets purified. The woman giving breast feed to her child is also allowed
to fast afterwards. Women are accorded extra-ordinary relaxations during
the days of Hajj as well. They can perform pilgrimage in their usual dress.
They may not get their hair cut like men instead. They may get some of their
hair clipped as a token. It is also not obligatory upon them to throw stones
w
upon devil; men may perform this duty on their part. If their menstrual
w
periods start during Hajj, they may perform ‘Tawaf’ and ‘Saee’ afterwards.
w ww
They are exempted from performing their prayers collectively. Men are
.j a w
instructed to offer their prayers for all the five times, collectively in the
ve .a
mosque in order to perform this duty in the real sense while women may get
da l-m
the equal reward even if they perform their prayers at home. It is desirable
hm a
that they perform their Friday prayers in the mosque. However, it is not
obligatory upon them. The Prophet has emphasized upon women to offer
ad wri
their Eid prayers collectively in the mosque. They may just sit and join in the
g h d .o
Two issues have been generated in our society out of the matter of women’s
prayers. First, there is usually no place at all for women in the mosque now-
id
a-days. It is against the Islamic teachings. The mosque situated on the road
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side must accommodate women in order to facilitate them. Similarly, all big
om
and main mosques of a city should also provide a place to women for the
performance of their religious duty.
Second, women are usually not facilitated even during the Eid prayers
though it is essential from Islamic point of view. Therefore, it is the duty of
the state, religious leaders and the dignitaries of the society to make
necessary arrangements in this context.
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their prerogative and a part of their instinct too. It is therefore, clear that a
w
some specific things are forbidden through some narratives. The logic
ve .a
behind them must be known. The answer to this is that these are two kinds
da l-m
and obscenity which must be forbidden. During the prophetic period, three
things were includ in this kind and thus the Prophet explained these three
ad wri
things only. One is making of the tattoo marks which is not liked worldwide
g h d .o
due to its absurdity. No sane person likes it. Second thing practiced those
am rg
days was making one’s teeth pointed by cutting them and making slits
through them. It was another obvious act of absurdity. Third was the action
id
done by immoral women, those days. They used to make decorative marks
i.c
on their eyebrows after getting them plucked. Since it was an obscene act
om
and was done by immoral women, any similarity with them was also
forbidden. Therefore, the Prophet forbade its practice. It was termed as
“Nams” during those days and a woman practicing it was called “Namsa”.
Apart from the above three things, there is another matter that
apparently comes under the category of valid finery but some narratives
reveal that the Prophet had forbidden it. It is the matter of attaching to one’s
hair other than the original ones even if they are artificial. We know that
head’s hair enhance a woman’s beauty, as 99% of women have been blessed
by God with this gift. It is a natural desire for those who are deprived of this
gift that they look pretty with such hair like other women, in order to counter
any inferiority complex. However, some of the narratives from the Bukhari
reveal that the Prophet had disallowed to do so artificially. For example a
narrative is worded like that:
“The Holy Prophet has cursed the woman who attaches
artificial hair to her and the one who gets them attached.”
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accept her otherwise, the Prophet directed that woman to refrain herself from
w
doing so.
w ww
nail polish and the similar methods of beautifying a woman are admissible.
hm a
context. First that it is obligatory to remove nail polish every time before
i.c
making ablution because the nail remains dry due to the coated layer of the
om
nail polish present there. Second is that a woman can keep her nail polish
intact upto five prayers if she has performed her ablution before the
application of the liquid on her nails. Third is that nail polish does not hinder
the process of ablution. A woman can apply and remove it according to her
sweet will. The logic behind it is that all such religious matters are based on
convenience and not inconvenience. During the Prophet’s period all such
things were allowed. For example there is a general consensus on the matter
that one is allowed to dye one’s beard. Every coloring is, in fact a coating
that covers that skin under it whether it is the color of myrtle or anything
else. We know that the dyed hair of a beard don’t get soaked, even then it
was allowed by the Prophet. In the same way, applying the color of myrtle
on hands and feet is also allowed and all acknowledge that it does not
damage ablution, though the color myrtle of is also a coating that covers the
skin under it. Similarly, there is a consensus on the matter as well that a
woman may take a bath by pouring water on her bound hair if its is
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inconvenient for her to unbind them. Obviously, several hair would remain
dry in this way but the Prophet allowed woman to do so in order to save
them from any inconvenience. Same is the case of the nail polish. We are
satisfied with last and third point of view.
The trend of granting dowry has been established to that extent that it
seems hard to put an end to it. It is prevalent in various other countries of the
world that parents grant financial assistance to their sons and daughters at
the time of their marriage so that they may take a sound start in life. Hence,
w
at the time of his or her marriage deserves share out of the parent’s legacy
w ww
and could that assistance be treated as a share in the legacy. Since this issue
.j a w
share out of one’s parent’s legacy. The main reason for it is, in fact the
Islamic system of justice. A girl getting married after the death of her
ad wri
parents would remain in loss as compared to her sister who had been married
g h d .o
during the life of her parents. It is also possible the one daughter is married
am rg
to a man who demands more dowry while the situation is different in the
case of the other.
id
The second basis of our points of view is that this would save parents
i.c
maintained and all parties would be aware that hey are having assistance out
of their own share. Therefore, all this would come under some specific code
instead of some undesirable custom.
We believe that state should take steps towards legislation in this
respect.
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Although this issue is not related to the subject of this book yet it has
an indirect concern with our subject. Hence, it seems proper that we discuss
this issue.
We come to know through the Quran that the matters like the life after
death, Heaven and Hell are directly related to the vague issues
(Mutashabihat). It indicates that we are unaware of the reality about them.
These words have been used just to create a concept in the mind of human
being closer to his imagination. Keeping this aspect in view, we realize
through the study of the Quran and the Hadith that all men and women in
heaven would be in the prime time of their youth; they will never grow old.
All men and women will be coupled up. The couples in this world will
w
exceptional codes and rules. For example, if a woman had married for
w ww
several times, she would have an option to choose one out of them:
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Every person in the Heaven will find his/her companion with the
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maximum aesthetic appearance and will find best satisfaction out of the
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counterpart. This way, neither one would be fed up of one’s companion nor
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there any feelings of jealousy for any other couple. Every meeting of couple
would seem to be the meeting of two bachelors. “Hoor” (the promised
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women in Heaven) is, in fact plural of another Arabic word, “Ahwar” which
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means an ideally proportionate and beautiful woman. The study of the Quran
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reveals that this word has been used in double sense. One shade gives the
sense that every woman in heaven would be blessed with all the qualities of
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attraction. They would be coupled up with the pious men in heaven. The
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Quran says:
“Together with their wives, the men of Paradise shall
recline in shady groves upon soft couches.” (Ya sin-36, 56).
It further says:
“Besides them will be those with modest gaze and large
lovely eyes, (as chaste) as carefully protected eggs.” (Al-Saffat-
37,:48-49).
The Quran says next:
“And besides them will be companions (wives) of
modest gaze and equal age”. (Sad-38, 52).
It further says:
“And we shall wed them to fair maidens with large
lustrous eyes”. (Al-Dukhan-44:54 and Al-Tur-52, 20).
Besides this, the word “Hoor” has been used in a different connotation
as well. It conveys that there will be a specific creation in Paradise which
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Islam and Woman 146
will include boys (Ghilman) and girls (Hoor). These creatures will serve the
men and women in Paradise and will provide them every admissible source
of entertainment as well. The most prominent example lies in Al-Rehman-
55, verse 56-58 where the wives of the men in Paradise are mentioned and
further its verses 72-74 mention the “Hoors”.
It says:
“Dark-eyed virgins sheltered in their tents. Which
of your Lord’s blessing would you deny? Neither man nor
jinnee will have touched them before. (Al-Rehman-55:72-74).
A narrative by Umm-e-Salma throws light upon this matter while
going into detail. She says, “I asked the Prophet whether women of this
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world were better than the Hoors. The Prophet replied that the women in this
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world are superior to Hoors as an outer fold of double garment is better than
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the inner one. On my demand of knowing the basis for that, the Prophet told
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that the women of this world have offered their prayers, fasted and showed
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There are several words in the Quran with more than one meaning. For
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example, the word “Rasul” has been used in the sense for a special category
of Prophets and for the angel Gabriel as well who was entrusted with the
duty of bringing revelations onto the Prophets. Secondly, the Quran nowhere
indicates that Hoors are meant for the sexual purpose. God is an arbiter in
the real sense. Therefore, there is not even the slightest possibility that any
of his orders proves to be unjust in any respect.
Birth Control:
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Islam and Woman 147
beyond the capacity of man like in the matter of rains, storms, floods,
earthquakes, changing seasons and natural calamities etc. The second way
has the partial involvement of man’s will and action. In all maters which
man considers to be in his capacity, God has directed him to undertake them
with knowledge, rational thinking, intellect, wisdom and proper strategy.
The Quran has placed this direction and the related references at more
then a hundred places:
For instance the verses below:
“(O Prophet!) say: Lord increase my
knowledge:.(TA’HA-20:114).
“Are the wise and the ignorant equal? Truly, none
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indeed. Yet none except people of sense bear this in mind”. (Al-
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Baqara-2:269).
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The meanest beasts in Allah’s sight are those that are (by
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from the sky and with which He revives the earth after its death,
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surely in these there are signs for people who understand”. (Al-
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Baqara-2:164).
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Islam and Woman 148
Childbirth is one of the elective matters where God lets the free will
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of man exercise. Though a child is born as per order of God yet man is the
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source for that. It is just as a farmer cultivates his land and grows the crop.
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The Quran affirms it on so many occasions that the cultivation of land and
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growing of crop by man is certainly done at the will of God. The farmer is
no doubt the source. Thus the same intellect employed by man for the
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cultivation of his land should be applied while cultivating his generation too.
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“Behold! the semen you emit: did you create it, or did
We?…………….consider the seeds you grow. Is it you that
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Islam and Woman 149
regard. At the fourth stage a father has to think over how many kids he can
pay personal attention to, how much time he can spare and to what extent he
can educate and train all of them in the most desirable manner. The fifth
considerable matter is the economy of the whole country, the situation of the
unemployment and the chances of appropriate planning. Every individual
has to think for the collective welfare of the whole society. In short, planning
is necessary in every field of life including the matters of family and it is
very much according to the teachings of Islam.
The above point of view can be objected from different angles. It is
better to analyze them.
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family planning is a lack of faith, what is the status of man’s struggle for
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sit idle and wait for the things to happen? If we acknowledge that it is
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necessary to struggle for one’s earning, we must try to understand the sense
in God’s capacity as a provider of food. It means that God has treasured his
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bounties in this soil and has granted intellect to man so that he benefits
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himself from them in a proper way. God will open the mouth of his treasures
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when a person will use his intellect. Thus man has to plan for that otherwise
he would not get it enough. Hence one must plan the size of one’s family,
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the time for the birth of a child and the proper care of every child. This is
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Islam and Woman 150
It is also objected that the Quran forbids the killing of children and
family planning amounts to the same. The fact is contrary to this
comprehension of the Quran verse. In fact the pagans of Makkah used to kill
their daughters in particularly considering them a burden on their economy
and due to some other reasons too. Hence the Quran stopped this practice, as
it was criminal. It has nothing to do with family planning at all.
It is also that the family planning is a plot hatched up by the Western
and the Jewish lobby so as to stop the increase in the number of Muslims.
This objection is due to a misunderstanding. In fact the real plot against
Muslims is to keep them disordered, disorganized, uneducated and ignorant
of scientific progress. The unplanned population increase provides the best
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organized nation can maintain her superiority over the world through her
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better civilization and practicability. So the Muslims Ummah can open the
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gateway of Islam for the other nations to enter through reaching the zenith of
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It is also argued that “women have been declared as the fields of their
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husbands and they have been allowed to go into their fields, as they desire
through the verse 223 of Al-Baqara in Quran. Obviously through the fields
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one gets maximum yields but the family planning is against this teaching.
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Thus Islam is against it”. The facts are otherwise. In the above quoted verse
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look after the fields during the growth period and protects it from every
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disease and gives proper pauses between the harvest and the new
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Islam and Woman 151
parents. With much pain his mother bears him, and with much
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pain she brings him into the world. He is born and weaned in
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Abortion:
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The beginning of pregnancy is, in fact the beginning of human being. This is
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her. And when he had covered her, she conceived, and for a
time her burden was light. She carried it with an ease, but when
it grew heavy, they both cried to Allah, their Lord: ‘Grant us a
goodly child and we will be truly thankful.” (Al-A’raf, 189)
It further says:
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Islam and Woman 152
w
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g h d .o
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