adminUmari Stambuli Holy Qur’aan
HISTORY has clearly recorded that Islam contributed towards the restoration of women’s dignity and rights way back in the early 7th century, whilst other “civilisations” only managed to recognise women as humans worthy of respect and dignity as late as the 19th Century! Even today, the plight of women is pitiable as the vast majority of the “civilised” and or “enlightened” world fail to accord women their due position and status.
The right to life – Female infanticide prohibited
It is very sad to note that, even in today’s modern, advanced world, in countless societies, the female child is denied the fundamental right to life. In fact, it is no hidden secret that many couples will effect an abortion just upon learning that the child conceived in the womb of the wife is a female! So without even a chance to get into the world, this innocent being is “disposed” of. This is a major injustice against all womankind as well as humanity at large and it is a clear violation of the law of The Almighty.
Prior to the advent of Prophet Muhammad’s Prophethood (peace be upon him), the social malpractice of female infanticide was widespread among many of the tribes in and around the Arabian region.
If and when a female child was born to them, they would go and bury the child alive, in order to get rid of what they perceived as shame or embarrassment. Obviously, they did not have access to the technological advancement of the ultrasound scans, etcetera and would not be able to tell in advance.
The Holy Qur’aan clearly forbade the practice of female infanticide and considered it a crime like murder. “And (think of the time) when the female (infant) buried alive will be questioned for what ‘crime’ she was killed,” (Ch 81 : v 8-9).
Criticising the attitude of parents who reject their female children or look down upon them, the Holy Qur’aan states, “When news is brought to one of them of (the birth of) a female (child), his face darkens and he is filled with inward grief! With shame does he hide himself from his people because of the ‘bad news’ he has received! (He contemplates), shall he retain (this child) with humiliation, or bury it in the dust? Ah! What an evil (choice) they decide on.” (Ch 6 : v 58-59)
Even today, many people look down on the female child thinking that she is a source of humiliation and disgrace!
The right to education
The female child, being a member of the family or community has the right to gain knowledge – education – and Islam has acknowledged this through the Prophet Muhammad (peace be upon him)’s declaration that seeking knowledge is compulsory upon both males and females. In fact, the Prophet’s wife Aa’ishah was a renowned scholar whom the Companions of the Prophet referred to after the death of the Prophet (peace be upon him).
The right to consent before marriage
According to Islamic law, women cannot be forced to marry anyone without their consent. The Companion of the Prophet Muhammed (peace be upon him), Ibn Abbaas, reported that a young lady came to the Prophet (peace be upon him) to report that her father had forced her to marry without her consent.
The Prophet (peace be upon him) gave her the choice between accepting the marriage and invalidating it. She said, “Actually I accept this marriage but I wanted to let women know that parents have no right to force a husband on them.” In addition to that, Islam has granted women their freedom as individuals by way of allowing them to retain their maiden names after marriage.
The right to dowry
Besides all other provisions for her protection at the time of marriage, it was specifically decreed that a woman has full right to her ‘Mahr’ (Dowry), a marriage gift, which is presented to her by her husband and is included in the nuptial contract, and that such ownership does not transfer to her father or husband.
She determines its value, and she can choose to handle it as she pleases. The concept of ‘Mahr’ in Islam is neither an actual nor symbolic price for the woman, (this is not a “bride price” in any way whatsoever) as was, and still is the case in certain cultures, but rather it is a “gift” symbolising respect, love, affection and commitment.
The right to seek divorce if necessary
As the woman’s right to decide about her marriage is recognised, so also is the right to seek an end for an unsuccessful marriage. Allah Almighty gives instruction in the Holy Qur’aan to deal with women properly and with kindness.
When marital relations have gone sour, some people keep the wife in suspense, neither divorcing her nor fulfilling the role of a husband. Islam very clearly and categorically forbids this.
The right to own property
Islam decreed a right to which women were deprived of, both before Islam and even after it (even as late as this century), the right to independent ownership. According to Islamic law, a woman has rights to her money, real estate, or other properties.
This right undergoes no change whether she is single or married. She retains her full right to buy or sell any or all of her properties.
Through the injunctions of the Holy Qur’aan and the teachings and practices of the Prophet Muhammed (peace be upon him), women were given complete economic independence before and after getting married.
This means that any money that a woman brings in to a marriage is solely hers, as does anything she earns from working. She is under no obligation to “chip in” with family expenses; the husband bears the full burden of responsibility, regardless of how wealthy his wife is.
Hence, she may own her own property, run her own business, etc, in her own right. It is also noteworthy that such rights apply to her properties before marriage as well as after.
The right to inheritance
In addition, Islam accorded to women the right of inheritance. A woman’s share is distinct and no one can make any claim out of it, including her father, or her in-laws. In this regard, Allah Almighty revealed in the Holy Qur’aan, “To men (of the family) belongs a share of that which parents and near kindred leave, and to women a share of that which parents and near kindred leave whether it be a little or much – a determined (and distinct) share.” (Ch4 : v 7)
(to be continued next week)
For further information on Islam or a free copy of the Holy Qur’aan, please contact:
Majlisul Ulama Zimbabwe, Council of Islamic Scholars
Publications Department
P.O. Box W93, Waterfalls, Harare
Tel: 04-614078 / 614004, Fax : 04-614003
e-mail: [email protected]
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