Sunday 1 December 2013

Children Wearing Short and Tight Clothes


 Children Wearing Short and Tight Clothes


What is the ruling on wearing shorts for children who are approaching the age of puberty? What should I do if my daughter refuses to wear hijab and the abayah (outer cloak)? What should I do with my husband? He is a very strict man and I suffer a great deal with him. He wants to protect our children from everything that is haram (unlawful), even if he does it himself, and what is the way out in this world where everyone who follows Islam these days is very strict about everything. In light of all that I am facing of problems and difficulties, how can I learn about Islam? They say it is not permissible to disobey the husband. What can I do if I do not trust his knowledge, how can I follow what he tells me? What is the solution?


Praise be to Allaah.
Firstly:

Ships that cross the ocean and carry people cannot travel without a captain to navigate them so that they will bring their passengers to the safe shore. The Muslim family now is like a ship on a turbulent sea of ​​trials and tribulations and things that may lead to doom. The enemies of Islam have united to weaken the Muslim family and indeed to wipe it out, and they are using all possible means to achieve that. These global conferences that move from one country to another, led by global organisations and leaders, have the sole aim of destroying the Muslim family, severing its bonds, taking away its modesty and killing its chastity. These satellite channels have a bad effect on the Muslim family; these newspapers and magazines and other media are all trying to achieve one goal that is obvious to any observer.

It is through these crashing waves that the ship of the Muslim family must sail, and if it does not have a wise and rational captain, then it will be wrecked.

The head of the family is the captain of that ship. We do not blame any father who fears temptation or corruption for his family and children. These corruptions have become too many and too strong for the head of the family to resist them on his own, so how about if that is compounded by his wife not helping him in that? Indeed, how will it be if she opposes him in his efforts to save the family from these temptations and corruptions?

You should understand that the matter is not trivial and that you have to be the best help to your husband in guiding the members of your family. Even if you are not convinced of his rulings and decisions, you should not oppose him or go against him, especially in front of your children, because that will have an extremely bad effect on the upbringing of your children.

What the father wants from his family members will be something supported and enjoined by an Islamic text or something that he thinks is in the best interests of his children, so he enjoins it because it is in their best interests, or he forbids it because it is detrimental to them. If there is any room for discussion with regard to the latter issue, there is no room for discussion with regard to the former, because sharee'ah (Islamic law) governs all our actions and we do not have the option of not accepting it and implementing it.

Secondly:

You should understand that Allah, may He be exalted, has commanded you and your husband to protect yourselves against His Fire, and also to protect your children. The matter is not trivial; rather it is extremely serious. Your husband is not the only one who will be asked about his flock; rather you will be asked likewise.

Allah says (interpretation of the meaning):

"O you who believe! Ward off yourselves and your families against a Fire (Hell) whose fuel is men and stones, over which are (appointed) angels stern (and) severe, who disobey not, (from executing) the Commands they receive from Allaah, but do that which they are commanded "

[al-Tahreem 66:6].

It was narrated that 'Abd-Allah ibn' Umar (may Allah be pleased with him) said: I heard the Messenger of Allah (blessings and peace of Allah be upon him) say: "Each of you is a shepherd and each of you is responsible for his flock. The ruler of the people is a shepherd and is responsible for his flock. A man is the shepherd of his household and is responsible for his flock. A woman is the shepherd of her husband's house and children and is responsible for her flock. The slave is the shepherd of his master's wealth and is responsible for it. Each of you is a shepherd and each of you is responsible for his flock. "

Narrated by al-Bukhaari (853) and Muslim (1829).

You should understand that raising your children should not be done with harshness and cruelty, nor should they be neglected.

The scholars of the Standing Committee were asked: What is the successful way for parents to raise their children?

They replied: The successful way to raise children is the moderate or middle way, in which there is no excessive strictness or neglect. There should be no violence or harshness, and there should be no neglect or carelessness. The father should raise his children, teach them, direct them and guide them to good characteristics and etiquette, and he should forbid to them every bad characteristic or attitude.

And Allah is the source of strength; may Allah send blessings and peace upon our Prophet Muhammad and his family and Companions. End quote.

Shaykh 'Abd al-' Azeez ibn Baaz, Shaykh 'Abd al-Razzaaq' Afeefi, Shaykh 'Abd-Allah ibn Ghadyaan

Fataawa al-Lajnah al-Daa'imah, 25/290, 291

Thirdly:

You should understand that Islam enjoins you to teach your children to pray when they are seven years old, and it enjoins you to separate them in their beds when they are ten years old. This is so that they will grow up in the best way and so that they will be righteous in the future. Even if they are not yet accountable - because they have not yet reached puberty - this does not mean that their guardians and families should not instruct them to do that which is in their best interests. The command here is addressed to you, not to them. The matter here is what is good for them and for you.

In this way you can raise them to have a good character and attitude in general, to be modest and especially to be chaste. That also includes instructing them to guard their chastity and not to wear tight or short clothes. On the one hand, this has to do with raising them to be modest and chaste; on the other hand it has to do with preventing provocation of desire and temptation in those who see them, whether they are members of the family or relatives - for example. Islam cannot enjoin you to separate them in their beds and then allow you to let them wear short and tight clothes all the time they are awake! So think about this and beware lest you be the cause of fitnah (temptation) and corruption for which all the water in the sea could not provide sufficient tears and which would lead to great sorrow and regret.

Shaykh Muhammad ibn Saalih al-'Uthaymeen (may Allah have mercy on him) was asked:

We often see in women's gatherings girls and young girls, around the age of seven years, wearing short or tight clothes, or strange haircuts, or haircuts for small girls that look like haircuts for boys. If we speak to the mothers and try to advise them, they argue that the children are still small. We hope that you can give us clear advice about children's clothing and haircuts, may Allah bless you.

He replied:

It is well known that the individual is influenced by things in his childhood and will continue to be affected by them after he grows up. Hence the Prophet (blessings and peace of Allah be upon him) enjoined us to instruct our children to pray when they are seven years old, and to smack them (lightly) if they do not pray when they reach the age of ten, so that they will get used to it, as the child will follow that which he is used to. If a young girl gets used to wearing short clothes that only come to the knee, and short sleeves that only come to the elbow or shoulder, she will lose all modesty and will want to wear these clothes after she grows up. The same applies with regard to hair; a woman should have a hairstyle that is different from that of men; if she makes the hair like a man's hair, she will be resembling men and the Prophet (blessings and peace of Allah be upon him) cursed women who resemble men.

It should be noted that the family is responsible for these children and their upbringing and education, as the Prophet (blessings and peace of Allah be upon him) said: "A man is the shepherd of his household and is responsible for his flock." So beware of being heedless; the father should be serious about the upbringing of his sons and daughters, and he should care for them, so that Allah will guide them and they will become a delight to him. End quote.

Al-Liqa 'al-Shahri, 66/10

Fourthly:

If a girl is brought up from an early age to be modest and chaste and to cover herself, she will be the one who wants to wear the abayah and khimaar (head cover), even before she reaches puberty. But if she grows up not wearing clothes that cover, and her family fell short when she was small, they (now) have to persist in advising and reminding her. If that does not convince her, then harsher measures may be used, sparingly, to prevent her from doing what she wants, so that she will have no room to do whatever she wants with regard to this matter and others, because if they keep quiet about her clothing, because she refuses to wear the abayah or covering clothes, she will dare to do other things. This is a signal that the ship is about to sink! Because decisions are now in the hands of the children. At the beginning, we advocated gentleness and kindness, not despairing of the child being set straight, and not using harsh methods except when the wise captain sees fit.

The Standing Committee for Issuing Fatwas was asked: At what age is a girl obliged to wear hijab (dress code stipulated for mature girls in Islam)? Should we force (female) students to wear it, even though they object?

They replied:

When a girl reaches puberty, it becomes obligatory for her to wear clothes that will cover her 'awrah (parts of the body which must be covered), which includes the face, head and hands, whether she is a student or not. Her guardian should instruct her to do that, even if she dislikes it, and he should train her to do that before she reaches puberty, so that she will get used to it, and it will be easy for her to obey.

Shaykh 'Abd al-' Azeez ibn Baaz, Shaykh 'Abd al-Razzaaq' Afeefi, Shaykh 'Abd-Allah ibn Ghadyaan, Shaykh' Abd-Allah ibn Qa'ood

End quote.

Fataawa al-Lajnah al-Daa'imah, 17/219, 220

So be the best help to your husband in obeying Allah and raising your children, and beware of following in the footsteps of the enemies of Islam in describing adherence to sharee'ah as extreme strictness. Whatever your husband falls short in with regard to himself, advise him and exhort him, and remind him to fear Allah, the Lord of the Worlds; do not take his shortcomings as an excuse for your children's shortcomings. Seek the help of Allah, your Lord, to fulfil this trust in the best manner. We ask Allah, may He be exalted, to help you to do that which pleases Him.

Wednesday 27 November 2013

Woman-Led Friday Prayer

Woman-Led Friday Prayer

On Friday, March 18, 2005, Dr. Amina Wadud, noted Muslim scholar, will deliver the sermon and then lead the congregational prayer at an undisclosed location in New York City. This event has sparked international debate among Muslims, many of whom oppose female leadership in public Islamic worship, as well as many who support such leadership generally, but have textually-based concerns about women leading mixed congregational prayers. Even among those who support women leadership in both issues, many are debating the strategic wisdom behind this event, and what ultimate impact it will have in the Muslim community. This debate also extends to the Board of Directors of the Muslim Women's League which, like the Muslim community in general, is a group of people with diverse religious and social perspectives.

The MWL Board has been discussing the issue of this Friday's congregational prayer, and we believe that this event brings forth key issues that must be addressed.

Leadership of Women In General: The absence of women in positions of religious authority in the Muslim world is one contributing factor to the degree of oppression experienced by Muslim women. Unfortunately, religion is too often used to justify cultural practices such as spousal abuse, honor killings, female genital cutting and forced illiteracy. Moreover, the very individuals who perpetuate such abuse are loath to consider women in positions of authority in any context. The major challenge facing Muslims who seek to alleviate the injustices perpetrated by Muslims and perpetuated in the name of Islam is finding the proper way for creating positive change for large numbers of women and their families.

The Muslim Women's League, in 1995, in preparation for its participation in the UN 4th World Conference on Women, issued several position papers on matters of concern to Muslim women (all are available on the website at www.mwlusa.org / publications / index . html). In the papers we detail how the Qur'an gives several examples of women as leaders in matters of state and in matters of religion. Most notable are the stories of Bilqis, the Queen of Sheba and Mary, mother of Jesus (see Qur'an, 27:33-44). In fact, Mary, as an example of true devotion to God, is cited as an example that all believers, not only women, should emulate. Furthermore, the authentic, undisputed traditions of the Prophet Muhammed do not include any hadith or sayings that prohibit the role of women in leadership generally.

Muslims are indebted to the role of women as sources of religious authority and knowledge from the earliest days of Islam. For Sunni Muslims in particular, a huge body of hadith literature is based on the testimony of the Prophet's wife, Aisha. For Shi'i Muslims, the same high regard attaches to hadith narrated from Fatima, the prophet's daughter. These women-narrated hadith contribute to numerous aspects of Muslim life, not only those that pertain to women.

Women Leading Prayer: Muslims do not have a clergy. Any knowledgeable, respected Muslim is qualified to perform our important socio-religious tasks such as leading prayer or officiating a wedding. It was, however, not customary for women to lead prayer during the Prophet's time, but we believe it is important to ask whether this was a reflection of custom or religious edict. In our paper on the participation of women in politics and leadership the MWL reviews the literature on the subject and concludes that, based on the Qur'an and authentic traditions of the Prophet, it is not forbidden (haram) for a woman to lead a mixed congregation in prayer. (see http://mwlusa.org/publications/essays/polirights.html) Some would say in fact that it is allowed (but whether or not it is recommended may be debated.) The Qur'an is completely silent on the matter of women leading prayer, and there is one example, as cited in the Traditions compiled by Abu Dawud, where Prophet Muhammed instructed Umm Waraqa bint Abdullah to lead her household and its environs (which included at least one man) in prayer because she had the best knowledge of the Qur'an in her community.

Change is Needed: We recognize that not only allowing but encouraging women to take a position of leadership in public congregational prayer provokes an emotional response that may interfere with advancing the rights of women in other areas. However, we believe that, specifically in the United States, change is long overdue when it comes to making the mosques and Muslim communities accessible and inviting to women. Many mosques, shura (consultation) councils, and even major Muslim American organizations in this country are still debating and often denying the participation of women on governing boards, as interpreters (mufassirs) of Qur'an, or as speakers in any context. There is no basis for the exclusion of women from these areas, even if we can't agree about the role of women as Imams (congregational prayer leaders).

The disrespect and disregard for the role of women in the Muslim community in the US and abroad is an important factor that contributes to the disillusionment that many women have about Islam in general. Young women don't understand why they are treated with more respect for their ideas and contributions by non-Muslims than by fellow Muslims who run the mosques or Muslim student groups on campuses. They also witness a double standard when some Muslim men refuse to allow women leadership positions at the mosque but have no problem respectfully working with and for non-Muslim women as their bosses, CEO's or professors.

Impact of the March 18 Event: While the MWL position has been that Islam creates the possibility for women to lead mixed-gender prayers, some of us are not convinced that this Friday's much-publicized event is the best way to advance the cause of Muslim women who are in distress here or around the world. There is a felt concern that the women this event is intended to uplift will become even more cut off from public access and leadership roles than before. It may be that for many, this event may ultimately hinder the work currently in progress on improving accessibility and opportunities for leadership for Muslim women in the US. There is also an argument that other problems that are so severe and pressing (such as violence against women, illiteracy and poverty) should take precedence over insisting on women leading public congregational prayer. Finally, some wonder how Friday's event will mark the beginning of positive change regarding the role of women as participants and leaders in religious life around the country without a clear follow-up plan that outlines what must be done for change to occur.

At the same time, there are many in our ranks who congratulate Dr. Wadud for her courage to follow through with her convictions and feel that such an event is long overdue. She has been an admired role model for this organization since the publication of her book, Qur'an and Woman. Several members are persuaded by her arguments promoting the role of women as Imams if they meet the same requirements fulfilled by men. In addition, some members feel that the severity of other problems faced by Muslim women around the world does not negate the importance of Friday's event which they feel represents the aspirations of many Muslim women, especially in the United States. All of us hope that Dr. Wadud's actions will be a catalyst that generates greater access and opportunity for women throughout the Muslim community in America and abroad.

Tolerance is Paramount: As always, the MWL supports discourse and debate according to the highest standards set by Islamic ethics. With that in mind, we unequivocally condemn any and all attempts to silence Dr. Wadud and her supporters through intimidation and threats of violence. This has no basis in Islam and will work against the interests of the Muslim community. To think that we cannot handle difficult and complicated subjects that require in-depth analysis and discussion is an insult to intelligent Muslim women and men alike. Forceful imposition of certain views coupled with the suppression of dissent is a hallmark of weakness, ignorance and despotism that violate the principle of "la ikraha fil deen" ("There is no compulsion in religion." 2:256)

Final Thoughts: Those involved with the woman-led Friday prayer are a group of individuals dedicated to enhancing the lives of Muslim women here in the US by attempting to change attitudes and break through a long historic cultural norm that has excluded Muslim women; we must respect them and each other as we are part of the same Ummah (family of Muslims). Our organization is committed to the same goal and will work with the local communities and other organizations here and abroad so that we can realize our vision of Muslim brothers and sisters reaching their full potential and working side by side doing righteous deeds and striving to become more God-conscious.

Ours is a faith that promotes the partnership of men and women in working for the cause of God, thereby advancing the human condition: "The believing men and women are protectors, one of another, enjoining what is right and forbidding what is wrong, are constant in prayer, render the purifying dues and pay heed to God and His Apostle. It is they upon whom God will bestow His grace; verily God is almighty, wise. "(9:71)

In the end, the voice of justice will prevail as that is voice of God who has said clearly, "Be Just, this is the closest to being conscious of God." (5:8)

Tuesday 26 November 2013

Muslim women wear hijab in front of non muslim women aren


Muslim woman uncover in front of kaafir women , such as Buddhism, it is permissible , and it is correct , just in front of kaafir women face may be uncovered ?

Praise
or non , or a relative of the man it is like a second seventy men .
The other woman and the woman 's chest , head and leg or see which man is another man 's chest , leg and can see it .
Some scholars say that believing women should not show anything in front of kaafir women , according to the correct scholarly view is superceded by the Prophet upon him peace and blessings of Allaah be upon the Jews at the time He used to come to their own needs , and it is not reported their wives to wear the veil , but the most pious of women and wives and righteousness , are preferable .

Monday 25 November 2013

An Islamic Perspective on Women's Dress

No subject seems to receive more attention as an issue unique to Muslims than that of women’s dress. Muslims and non-Muslims alike dwell on this issue, using women’s appearances to categorize others in an effort to understand them. In some instances, the dress of the Muslim woman ends up meaning more to others than it does to the woman herself with often far-reaching political and social implications. Examining the reasons for such obsession is beyond the scope of this position paper, but deserves consideration nevertheless, as we ask ourselves why so many people are so preoccupied with the appearance of Muslim women.Our purpose here is to at least develop a basic understanding of this issue from the point of view of the Islamic texts, that is, the Qur’an and then hadith. We are not interested in coming to conclusions that result in a set of rules on how to dress. This has been done in numerous books and articles written over the centuries, including many authored very recently. Rather, we seek to understand the spirit and focus of the original texts to get an overall sense of the message being conveyed. In general, the overriding principle that comes through is one of modesty for both men and women.Qur'anic TextFrom Yusuf Ali or Muhammad Asad translations:Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them: and God is well acquainted with all that they do.And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their zeenah (charms, or beauty and ornaments) except what (must ordinarily) appear thereof; that they should draw their khimar (veils) over their bosoms and not display their zeenah except to their husbands, their fathers .... and that they should not strike their feet so as to draw attention to their hidden zeenah (ornaments). (24:31-32)O Prophet! Tell your wives and daughters and the believing women that they should draw over themselves their jilbab (outer garments) (when in public); this will be more conducive to their being recognized (as decent women) and not harassed. But God is indeed oft-forgiving, most merciful. (33:59)And know that women advanced in years, who no longer feel any sexual desire incur no sin if they discard their thiyab (outer garments), provided they do not aim at a showy display of their zeenah (charms or beauty). But it is better for them to abstain (from this); and God is all-hearing, all-knowing. (24:60)These are the only verses which address the issue of clothing so specifically. Clearly, the basic principle is that of modesty. The first verse emphasizes the importance of one guarding her or his modesty, lowering one’s gaze in order to remain pure. This means that, in order for women and men to have respectful relationships (such as at work or school, etc.) they must focus on modesty in their behavior. This is enhanced by dressing in a way that reinforces one’s image as a modest person. It must be emphasized that behavior and appearance are both important in setting the tone of respectful interaction between men and women.In addition, the second verse shows that the purpose of covering oneself is to "be recognized (as decent women) and not harassed." Many women who cover their hair and dress modestly do notice that men are more respectful and people are more inquisitive about their faith, so they are "recognized" not just as decent women but also as Muslims. Occasionally, women who cover their hair may also experience harassment and discrimination because of stereotyping and misunderstandings about Islam and women.Interestingly, the Qur’an is really not that explicit about the exact definition of modest dress. By reading the Qur’anic verses above, women are advised to cover their breasts and put on their outer garments in a way that enables them to avoid harassment. In addition, women are advised not to draw attention to their "beauty" (zeenah). This term has been translated as both beauty and ornaments (as women used to strike their feet to draw attention to hidden ornaments such as ankle bracelets). Of note is that the Qur’an uses the term zeenah elsewhere, perhaps showing that in different contexts the word has slightly different meanings:O Children of Adam! Wear your beautiful apparel (zeenah) at every time and place of prayer…(7:31)The exact rules defining women’s dress have been determined based on interpretation of these verses and incorporation of concepts established in hadith. The inclusion of a head covering is derived from interpretation of the word khimar in 24:31 above. Most translators and commentators agree that this was a loose scarf worn at the time of the Prophet (pbuh) which covered a woman’s head, neck and possibly shoulders, leaving the rest exposed. Women were thus ordered to use the khimar to cover their breasts. Naturally, a woman would continue to cover her neck, head and shoulders and would then also cover her breast. This understanding of the khimar as a head-covering explains why Muslims believe that the Qur’an tells us to cover our hair. The injunction, however, regarding covering the hair in addition to everything else is implied, not specified in the Qur’an.In addition, the verse says not to display one’s zeenah except to husbands, fathers, sons, etc. except "what naturally appears thereof". Most scholars writing on the subject consider a woman’s chest, hips, legs, neck (basically her whole body) as zeenah, which should thus be covered. Yet, as mentioned above, the Qur’an itself reveals that, in different settings, the word may have different implications; also, the (perhaps intentional) lack of specificity in defining zeenah may actually allow for differing interpretations based on a variety of circumstances.Similarly, traditional interpretation considers the phrase "what naturally appears thereof" (illa ma zahara minha) to be limited to the hands, feet and face (although some feel that the face is also part of a woman’s beauty and should be covered). Again, when referring to Qur’an alone, the exact determination as to what naturally or ordinarily appears is left unclear.In the second verse (33:59), the word jilbab refers to outer garments, used to cover in a way that lends oneself to be recognized and not harassed. The jilbab was commonly understood to mean loose fitting clothing and, more specifically, a long loose dress or overcoat worn by many Muslim women today. But again, the focus of the verse is on the result, avoiding harassment and preserving one’s dignity, and not on the details of the actual article of clothing.The basic message and instruction expressed in the Qur’an is for Muslims to act modestly, dress modestly, and avoid drawing attention to oneself, especially those features that are physically attractive and perhaps enticing to the opposite sex. This applies for both men and women.The Term "Hijab"Literally, the word hijab means "curtain". In the Qur’an the term hijab is not used as a reference to women’s clothing; rather, it was the screen behind which the Muslims were told to address the Prophet’s wives. (The term is also used to describe the "screen" separating God from Moses, as he received divine revelation.) When the Prophet’s wives went out, the screen consisted of a veil over their face. It does not appear that covering the face was adopted by the other Muslim women at the time since it was a special injunction for the Prophet’s wives as is clear in the verses below:And (as for the Prophet’s wives) when you ask for anything you want (or need), ask them from behind a hijab (screen), that makes for greater purity of your hearts. (33:53)O wives of the Prophet! You are not like any of the (other) women: If you do fear (God) be not too complaisant of speech, lest one in whose heart is a disease should be moved with desire: but speak with a speech (that is) just. (33:32)Among Muslims today, hijab refers to the head scarf worn by many women. It is a term used to distinguish between women who cover their hair (muhajabat) and those who do not, even if the rest of their clothes are equally modest.Finally, the Qur’an also talks about our clothing as something both to cover our nakedness and serve as an adornment, reflecting the beauty of God’s creation. But, as in the verses above, it is behavior and attitude that are most important. Regardless of how we dress, we must have faith and taqwa, God consciousness or righteousness:O you Children of Adam! We have bestowed libasan (clothing or raiment) on you to cover your nakedness and as a thing of beauty. But the raiment of righteousness (taqwa), that is the best. Such are the signs of God, that they may receive admonition. (7:26)O Children of Adam! Wear your beautiful apparel (zeenah) at every time and place of prayer: eat and drink: but waste not by excess, for God loves not the wasters. (7:31)Those are all of the verses in the Qur’an which speak to the issue of dress.Hadith TextThe hadith also address women’s (and men’s) dress. The most oft-quoted hadith attributed to the Prophet (pbuh) is as follows:Aisha said, "Asma, daughter of Abu Bakr (that is, Aisha’s sister), entered upon the Apostle of God (pbuh) wearing thin clothes. The Apostle of God turned his attention from her and said, "O Asma, when a woman reaches the age of menstruation, it does not suit her except that she displays parts of her body except this and this," and he pointed to her face and hands. (Sunan Abi Dawud)This hadith is found only in the hadith collection of Abu Dawud (no. 4095). According to Abu Dawud, it is considered weak because the narrator who transmitted it from Aisha is not known (mursal). Other hadith found elsewhere talk about not wearing see-through clothes or clothing intended for wear by the opposite sex. Also, Aisha reported that when the verse above was revealed about covering the breast (24:31), the women tore their thick outer garments to make veils.Based on the interpretation and understanding of the above verses and hadith, the scholars (namely, from the major Sunni and Shi’a schools of thought) have determined that hijab (covering from head to toe) is a religious obligation (fard). The notion of ijma’a , or consensus of scholars and or schools of thought, is a well-established component of Islamic jurisprudence from which numerous laws have been derived. Needless to say, determining exactly which scholars and which opinions qualify as "consensus" is not without controversy, a topic that needs expanded discourse among learned Muslims today.DiscussionWithout a doubt, God in His wisdom advises the believers to dress and behave in a way that elevates their status both in this life and the hereafter. Most Muslims do not view modest dress as an imposition meant to oppress either women or men. Indeed, many women who voluntarily wear hijab actually feel liberated; free from society’s rules about women’s looks, free from being slaves to fashion, free to reserve their beauty for their husbands and so on.A more important question in this discussion is whether individuals, Muslim or non-Muslim, should be forced to dress in a certain way. Every society is entitled to establish minimum standards of dress (in the US, we do have limits as well, defining "indecent exposure" according to this society’s norms). How those standards are enforced and to what extent individuals are punished for violations is of extreme importance in those countries which strongly regulate the dress code.When reviewing both Qur’an and hadith, there is no precedence for how to deal with such violations; the Prophet (pbuh) or his wives and companions simply reminded others to follow the guidelines. Not a single example of violence, imprisonment, humiliation or coercion can be found during the lifetime of the Prophet (pbuh)that would imply that such practices today are consistent with his example.The Qur’an does not spell out any punishment (hudud) for violations of a dress code. Also, in the verses outlined above, the Qur’an clearly addresses "the believing women" meaning Muslims, so that it is difficult to find an argument to justify the imposition of an "Islamic" dress code on non-Muslim women. Thus, by inference the decision to dress a certain way is left to the individual who will face the consequences for all actions in this life, to her benefit or detriment, as God sees fit.The Qur’an also says "There is no compulsion in religion" (2:256). Those who choose to behave a certain way as a reflection of their belief in God and His message and thus accept the challenges therein are not the same as those who behave to satisfy other people or laws set in place. The freedom and ability to choose to do good make the reward that much greater.Among many Muslims today, hijab is often equated with piety, both by those who cover their hair and those who do not. Unfortunately, too many assume that a woman who covers must naturally be more religious or conservative that one who does not. This generates expectations and pressure on Muslim women in hijab , whose behavior is held to different standards, perhaps undesired on the part of the woman. On the other hand, according to popular opinion, the Muslim woman who does not cover her hair (even if she is otherwise dressed modestly) has not quite arrived at the perceived goal of all righteous believing women. The scarf, an article of clothing, has sadly become a litmus test for a Muslim woman’s faith and devotion to God. Indeed, the importance which some Muslims have attached to hijab has made some sarcastically refer to it as the "Sixth Pillar" of Islam, on par with prayer, fasting, alms-giving, pilgrimage and bearing witness to the oneness of God.While our faith is manifested in our deeds, only God can judge our piety and righteousness. The Prophet himself (pbuh) would not venture to say who, for certain, would reach Paradise. Such knowledge is with God alone such that the judgement of one person regarding another’s religiosity is totally irrelevant.How Muslims dress is only one aspect of our identities. For many women, dressing conservatively and covering one’s hair are felt to be acts of faith. Therefore, discriminating against a woman for dressing a particular way violates her freedom to practice her religion, a fundamental right cherished here in the United States. The non-Muslim community, particularly the media, needs to get beyond its own narrow one-dimensional view of the conservative dress of the Muslim woman as a sign of oppression. It is a choice that American Muslim women make, perhaps not the same as that of other women, but equally valid. Ultimately, what really matters is the attitude, behavior and demeanor of the person in question.A Source of Division?Among Muslims, the division and intolerance expressed regarding women’s dress is one factor that impedes our growth and development as a meaningful presence in the world today. All Muslims struggle with matters of faith, identity, and community. With the pressing issues facing the Ummah today such as poverty, illiteracy, violence, warfare and other ills, we must ask ourselves if we want to be consumed and paralyzed by the issue of women’s dress. Placing the burden primarily on women without calling for the accountability of men to control themselves and their sexual appetites is in violation of the spirit of the Qur’an which is about self-control and self-restraint.In addition, the extremely negative attitudes which consider women who do not cover as somehow unchaste are most egregious and unjustifiable. Wrongful accusations against a woman’s honor are met unequivocally with severe consequences as mentioned in the Qur’an (24:4-20).Only together, through cooperation, tolerance and forbearance, as exemplified by the Prophet (pbuh) can Muslims overcome the obstacles to success in this life and the hereafter that often are expressed in our attitudes towards women.

Male Circumcision in Islam

Male circumcision is among the rites of Islam and is part of the (in Arabic): fitrah, or the innate disposition and natural character and instinct of the human creation.
As-Shawkani said in his book Nayl al-Awtar (1/184):
"What the Prophet (sAw) means by Fitrah is that if these characteristics are followed by a man, he would be described as a man of Fitrah, which Allah (swt) has gifted his servants with, and encouraged them to follow, so that they attain a high degree of respectability and dignity. "
Prophet Muhammad (peace be upon him) said, "Five are the acts quite akin to fitrah: Circumcision, clipping or shaving the pubes, cutting the nails, plucking or shaving the hair under the armpits and clipping (or shaving) the moustache." (Reported in Bukhari & Muslim)
Allah ordered Prophet Muhammad (peace be upon him) to follow the religion of Ibrahim (peace be upon him). When Allah says:
"Then We inspired you: 'Follow the religion of Ibrahim, the upright in Faith'."
(Qur'an 16:123)
And part of the religion of Ibrahim is circumcision.
The Prophet Muhammad (peace be upon him) said: "The Prophet Ibrahim circumcised himself when he was eighty years old and he circumcised himself with an axe." (Related by Bukhari, Muslim & Ahmad.)
Ibn Abbas (ra) was asked "How old were you when the Prophet Muhammad (peace be upon him) died?" He replied, "At that time I had been circumcised. At that time people did not circumcise the boys till they attained the age of puberty (Baligh)." (Bukhari)
Most Fuqaha '(Islamic Jurists) say that circumcision is obligatory upon the men and this is the opinion of Jumhur (the majority of the scholars). If it were not obligatory, then Prophet Ibrahim (peace be upon him) would not have troubled himself at such a later stage of his life.
The Time for Circumcision:
During the time of the Prophet Muhammad (peace be upon him) circumcision was done for boys at the time of their Aqiqah (It's a traditional celebration for the birth of a child which involves the sacrifice of an animal in thanks to Allah. That's the short answer) as reported in al-Bayhaq.
Other Ahadith mention it being done later. The details here are not important but it goes without saying that this minor operation is easier on a baby than it is on an older boy. If it is essential, circumcision can be delayed for practical reasons, but it would be sensible to perform circumcision before the boy starts praying regularly due to practical purposes of simplifying Taharah, or being clean.
Abdullah Ibn Jabir (r.a.) and Aisha (r.a.) said:
"The Prophet (peace be upon him) performed the Aqiqah of al-Hasan and al-Hussein (the prophets grandsons) and circumcised them on the 7th. Day." (Related in al-Bayhaq & Tabarani)
Imam Nawawi says:
"circumcision is recommended to be performed on the seventh day of infancy-the day of Aqiqah (Al-Majmu 1/303)
It is not essential for the child to remain as he is when he comes forth from his mother's womb, if there is something that may be done for him that serves a purpose and is enjoined by the pure religion. Such things include shaving his head after he is born, because that is in his best interests. The Prophet of Islam (peace and blessings of Allah be upon him) said: "Remove the harm from him."
The same applies to washing the blood from him and cutting the cord by which he was attached to his mother, and other things which are done to benefit him.
2 - The health benefits:
Dr. Muhammad 'Ali al-Baar (a member of the Royal College of Surgeons in the UK and a consultant to the Islamic Medicine department of the King Fahd Centre for Medical Research in the King Abdul Aziz University in Jeddah) says in his book al-Khitaan (Circumcision):
"Circumcision of newborn boys (Ie, within the first month of life) brings numerous health benefits, including:
1 - Protection against local infection in the penis, which may result from the presence of the foreskin, causing tightening of the foreskin, which may lead to retention of urine or infections of the glans (tip) of the penis - which require circumcision in order to treat these problems. In chronic cases, the child may be exposed to numerous diseases in the future, the most serious of which is cancer of the penis.
2 - Infections of the urethra. Many studies have proven that uncircumcised boys are more exposed to infection of the urethra. In some studies the rate was 39 times more among uncircumcised boys. In other studies the rate was ten times more. Other studies showed that 95% of children who suffered from infections of the urethra were uncircumcised, whereas the rate among circumcised children did not exceed 5%.
In children, infection of the urethra is serious in some cases. In the study by Wisewell on 88 children who suffered infections of the urethra, in 36% of them, the same bacteria was found in the blood also. Three of them contracted meningitis, and two suffered renal failure. Two others died as a result of the spread of the micro-organisms throughout the body.
3 - Protection against cancer of the penis: the studies agree that cancer of the penis is almost non-existent among circumcised men, whereas the rate among uncircumcised men is not insignificant. In the US the rate of penile cancer among circumcised men is zero, whilst among uncircumcised men it is 2.2 in every 100,000 of the uncircumcised population. As most of the inhabitants of the US are circumcised, the cases of this cancer there are between 750 and 1000 per year. If the population were not circumcised, the number of cases would reach 3000. In countries where boys are not circumcised, such as China, Uganda and Puerto Rico, penile cancer represents between 12-22% of all cancers found in men; this is a very high percentage.
4 - Sexually transmitted diseases (STDs). Researchers found that the STDs which are transmitted via sexual contact (usually because of fornication / adultery and homosexuality) spread more among those who are not circumcised, especially herpes, soft chancres, syphilis, candida, gonorrhea and genital warts.
There are numerous modern studies which confirm that circumcision reduces the possibility of contracting AIDS when compared to their uncircumcised counterparts. But that does not rule out the possibility of a circumcised man contracting AIDS as the result of sexual contact with a person who has AIDS. Circumcision is not a protection against it, and there is no real way of protecting oneself against the many sexually transmitted diseases apart from avoiding fornication  adultery, promiscuity, homosexuality and other repugnant practices. (From this we can see the wisdom of Islamic sharee'ah in forbidding fornication / adultery and homosexuality).
5 - Protection of wives against cervical cancer. Researchers have noted that the wives of circumcised men have less risk of getting cervical cancer than the wives of uncircumcised men.
Health Benefits taken from: al-Khitaan, p. 76, by Dr. Muhammad al-Baar.
And Allah knows best.

Sunday 24 November 2013

An Islamic Perspective on Women in the Political System

Social responsibility in Islam is derived from the Quranic verse which states:

"And [as for] the believers, both men and women - they are friends and protectors of one another: they [all] enjoin the doing of what is right and forbid the doing of what is wrong." (Quran 9:71).

This verse compels women and men to act for the betterment of society. One is encouraged to take an active role in society rather than merely a passive one.

Political involvement is a means to fulfill one's obligations to society. Involvement in the political system can take many forms, from voting in elections, to holding a position as a legislator or a judge, to being a head of state. Islamic history provides precedents for each of these roles for women.

Since the beginning of Islamic history women have had a voice in electing their leader. The leader of an Islamic state is confirmed by the people through a process known as bai'ah; a symbolic contract between the leader and the people wherein the leader promises to obey Islamic law and the people, in exchange, promise their allegiance. In essence, bai'ah is the election of a leader, for without the bai'ah the purported leader has no legitimacy and thus cannot act as the head of state. Prophet Muhammad received the bai'ah from the people. The Quran addresses the issue of women giving the bai'ah to Prophet Muhammad and God tells Muhammad to accept the pledge of the women:

"O Prophet! Whenever believing women come unto thee to pledge their allegiance to thee ... then accept their pledge of allegiance." (Quran 60:12)

Women can also hold political positions in Islam. No Quranic verses exist that prevent women from holding positions of leadership. Some traditional Islamic scholars were of the opinion that women could hold the position of judge.

Traditionally, an aspect of leadership in Islam is the ability of the leader to lead the Muslims in prayer, ie act as the imam. Many state that women cannot hold positions of leadership because women cannot lead men in prayer. However, this argument requires two assumptions which may be invalid. First, one must assume that the leader himself or herself is obligated to lead prayer. Second, one must assume that women cannot lead men in prayer.

The word imam as used in the Quran means a source of guidance (eg Quran 2:124). The meaning is not limited only to prayer. Thus, the leader should guide the people along the path of Islam. In other words, the leader should follow the teachings of Islam in leadership and should act as a role model. Leading prayer is not a necessary criterion for leadership, although it is symbolically desirable. Thus, the assumption that the leader must actually lead the prayer is not actually necessary.

The criteria for leading prayer are an ability to read the Quran, knowledge of the Quran, and knowledge of the teachings of Prophet Muhammad (Hadith, Sahih of Muslim). Thus, maleness is not a criterion. Furthermore, Umm Waraqa, an Ansari woman who was well versed in the Quran, lead her people in prayer (Hadith, Sunan of Abu Dawud); (Musnad Ahmed Ibn Hanbal). In addition to Umm Waraqa leading her family in prayer, a woman named Ghazala, in the 7th century AD, led Muslim men and women in prayer. (al-Tabari, History of Messengers and Kings, Cairo, Ch. 51, p.80); (Ali Masudi, Gardens of Gold, Dar al-Andalus, Beirut 1965, ch. 3, p.139). Not only did she lead Muslim men in prayer, she recited the two longest chapters in the Quran during that prayer (many traditional imams do not accept Ghazala as legitimate precedent because she belonged to the Khawarij school; however, this does not necessarily invalidate her actions ) .

womens Political Rights in islam

Social responsibility in Islam is derived from the Quranic verse which states: "And [as for] the believers, both men and women - they are friends and protectors of one another: they [all] enjoin the doing of what is right and forbid the doing of what is wrong, and are constant in prayer, and render the purifying dues, and pay heed unto God and His apostle. It is they upon whom God will bestow His grace: verily, God is almighty, wise. " (Quran 9:71). This verse shows that women and men are to work together in the religious realm (the reference to prayer), in the social realm (rendering purifying dues, presumably to help the needy), and in the political and educational realm (the reference to heeding God and His apostle - one must understand what God commands and have a voice in society to heed God's teachings). The references in the verse to the activities required, eg enjoining the right, prayer, etc. show that both women and men are to take an active role in society rather than merely a passive one.

Political involvement is a means to fulfill one's obligations to society. Involvement in the political system can take many forms, from voting in elections, to holding a position as a legislator or a judge, to being a head of state. Islamic history provides precedents for each of these roles for women.

Women's Participation in the Bai'ah

The leader of an Islamic state is confirmed by the people through a process known as bai'ah; a symbolic contract between the leader and the people wherein the leader promises to obey Islamic law and the people, in exchange, promise their allegiance. Iqbal, Justice Javid, "The Concept of State in Islam" State, Politics, and Islam (ed. Mumtaz Ahmed, American Trust Publications 1986, p. 38). In essence, bai'ah is the election of a leader, for without the bai'ah the purported leader has no legitimacy and thus cannot act as the head of state. M.F. Osman, Human Rights Between Islamic Sharia and Western Legal Thought, Dar al Shuruq, 1982, p. 110 (citing Abdelwahab Khallaf's Political Sharia). Ibn Taymiya in his work Minhaj al Sunna stresses the requirement of bai'ah by the people for a leader to be legitimate. Ibn Taymiya discusses the occurrence where Abu Bakr nominated Umar ibn al Khattab to succeed him as caliph. Ibn Taymiya stated that Umar became the caliph only when he received the bai'ah from the people. Ibn Taymiya further stated that if Umar had not received the bai'ah, he would not have become the leader, despite his nomination by Abu Bakr MF Osman, Human Rights Between Islamic Sharia and Western Legal Thought, Dar al Shuruq, 1982, p. 111 .

In early Islam women were included in the giving of the bai'ah. Prophet Muhammad received the bai'ah from the people. The Quran addresses the issue of women giving the bai'ah to Prophet Muhammad and God tells Muhammad to accept the pledge of the women. "O Prophet! Whenever believing women come unto thee to pledge their allegiance to thee ... then accept their pledge of allegiance." (Quran 60:12). In 645 A.D. (23 AH) Umar, the second head of state after the death of Prophet Muhammad, convened a group to determine his successor. One of the group, Abdul Rahman, went to the people to consult with them as to who should be the next leader. Abdul Rahman consulted both women and men, thus women had a say in who would be their leader. Through this process Uthman was selected to succeed Umar. Iqbal, Justice Javid, "The Concept of State in Islam" State, Politics, and Islam (ed. Mumtaz Ahmed, American Trust Publications 1986, p. 43).

Women and Shura

In addition to participation in the electoral process, women have also been involved in political activities. These activities appear to be sanctioned by Islamic law. In Islam, community decisions must be made through a process of consultation (shura). The Quran, in describing the qualifications of true believers, states "... and whose rule in all matters of common concern is consultation among themselves." (Quran 42:38). Muhammad Asad argues that this verse reaches into all aspects of political life and that to fulfill the requirements of this verse, a legislative assembly should be formed. Muhammad Asad, The Principles of State and Government in Islam, Dar Al-Andalus, 1980, pp. 44-45 . He further argues that the verse refers to the entire community; therefore, the legislative assembly must be representative of the entire community, women and men and that to achieve true representation, the members of the legislative assembly must be elected through free elections with wide suffrage , including both women and men. Muhammad Asad, The Principles of State and Government in Islam, Dar Al-Andalus, 1980, pp. 45 .

Women as Judges

The traditional Islamic scholar Ibn Hazm was of the opinion that women could be judges in all cases. (Ibn Hazm, Al-Muhalla bil Athar, vol. 8 Dar Al-Kutub Al-Ilmiya, 1988, p. 528). Ibn Hazm cites the verse: "Behold, God bids you to deliver all that you have been entrusted with unto those who are entitled thereto, and whenever you judge between people, to judge with justice. Verily, most excellent is what God exhorts you to do: verily, God is all-hearing, all-seeing! " (Quran 4:58) and argues that this verse is addressed to both men and women and that there is no reason to discriminate between a man or woman (or a free person or a slave) as to who can judge between people. (Ibn Hazm, Al-Muhalla bil Athar, vol. 8 Dar Al-Kutub Al-Ilmiya, 1988, p. 528). Likewise, Imam al-Tabari believed that women could be judges in all cases. (MH Sherif, The Muslim Woman Between the Truth of Sharia and the Fallacy of Falsification, Dar al Marifa al Jamiyya, 1987, p. 142). Imam Abu Hanifa believed that women could be judges on issues related to family law. (Ibn Hazm, Al-Muhalla bil Athar, vol. 8, Dar Al-Kutub Al-Ilmiya, 1988, p. 527). In addition, Umar, the second head of state after the death of Prophet Mohammad, appointed a woman named Al Shafa bint Abdullah ibn abd Shams as the manager over the market of Medina. (Ibn Hazm, Al-Muhalla bil Athar, vol. 8 Dar Al-Kitab Al-Ilmiya 1988, p.527).

Traditionally, an aspect of leadership in Islam is the ability of the leader to lead the Muslims in prayer, ie act as the imam. (Fatima Mernissi, The Forgotten Queens of Islam, University of Minnesota Press, 1993, p. 32). Some argue that women cannot hold positions of leadership because women cannot lead men in prayer. (Fatima Mernissi, The Forgotten Queens of Islam, University of Minnesota Press, 1993, p. 32). However, this argument requires two assumptions which may be invalid. First, one must assume that the leader himself or herself is obligated to lead prayer. Second, one must assume that women cannot lead men in prayer.

Women as Imams

The word imam as used in the Quran means a source of guidance (eg Quran 2:124). The meaning is not limited only to prayer. Thus, the leader should guide the people along the path of Islam. In other words, the role of the leader is to follow the teachings of Islam and to act as a role model. (MF Osman, "The Contract for the Appointment of the Head of an Islamic State", State, Politics, and Islam, ed. Mumtaz Ahmed, 1986, p. 56). Leading prayer is not a necessary criterion for leadership, although it may be symbolically desirable. The leader himself or herself need not actually lead prayer. The leader can delegate this function to another. Prophet Muhammad, on two occasions, assigned Ibn Umm Maktum to lead prayer in Medina. (As-Sayyid Sabiq, Fiqh us-Sunna, American Trust Publications, 1989, vol. 2, p. 57). On more than one occasion Muadh would pray isha with the Prophet and when he was finished he would return to his people and, with the Prophet's permission, he would lead them in prayer. (As-Sayyid Sabiq, Fiqh us-Sunna, American Trust Publications, 1989, vol. 2, p. 57). Thus, the assumption that the leader must actually lead the prayer is not necessarily valid.

Several ahadith set forth the criteria for leading prayer: an ability to read the Quran, knowledge of the Quran, knowledge of the teachings of Prophet Muhammad, and being accepted by the congregation. The following hadith, related by Ahmad and Muslim and reported by Ibn Masud, states that the Prophet said: "The imam of a people should be the one who is the most versed in the Quran. If they are equal in their recital, then the one who is most knowledgeable of the sunnah. If they are equal in the sunnah, then it is the one who migrated first. If they are equal in that, then it is the eldest. And one should not lead prayer in another's house without permission . " (As-Sayyid Sabiq, Fiqh us-Sunna, American Trust Publications, 1989, vol. 2, p. 56). As-Sayyid Sabiq, a renowned Islamic scholar from al-Azhar, states that the following people are prohibited from leading prayer: someone with a legitimate excuse not to pray and an incapacitated person. He further states that the following people are discouraged from leading prayer: an evildoer and someone who changes the religion. (As-Sayyid Sabiq, Fiqh us-Sunna, American Trust Publications, 1989, vol. 2, pp. 56-58).

Thus, maleness was not mentioned as a criterion. Moreover As-Sayyid Sabiq states that it is preferable for a woman to lead other women in prayer and he states that Aishah used to lead the women in prayer. (As-Sayyid Sabiq, Fiqh us-Sunna, American Trust Publications, 1989, vol. 2, p. 58). According to Ibn Rushd, Imam al-Shafii believed that a woman could lead other women in prayer; however, both al-Tabari and Abu Thawr believed that a woman could lead both men and women in prayer. (Fatima Mernissi, The Forgotten Queens of Islam, University of Minnesota Press, 1993, p.33 (citing Ibn Rushd, Bidaya al-Mujtahid wa Nihaya al-Muqtasid, Dar al-Fikr, vol. 1, p. 105)). Furthermore, Umm Waraqa bint Abdallah, an Ansari woman who was well versed in the Quran, was instructed by Prophet Muhammad to lead ahl dariha (ahl dariha means the people of her home where dar means home and can refer to one's residence, neighborhood, or village), which consisted of both men and women, in prayer. Wiebke Walther, Women in Islam, Markus Wiener Publishing, 1981, p. 111 (citing Ibn Sad, Kitab al-Tabaqat al-Kabir, vol. 8, p. 335). The "people of Umm Waraqa's home" were so numerous that Prophet Muhammad appointed a muezzin for her. (Ibid). Umm Waraqa was one of the few to hand down the Quran before it was written. (Ibid). Also, Umm Waraqa wished to be known as a martyr so she asked Prophet Muhammad to allow her to participate in the Battle of Badr (624 AD / 2 AH) so that she could take care of the wounded; from that time on Prophet Muhammad referred to her as "the female martyr." (Ibid). In 699 A.D. (77 AH) a woman named Ghazala led her male warriors in prayer in Kufa after having controlled the city for a day. (al-Tabari, History of Messengers and Kings, 51:80; Ali Masudi, Gardens of Gold, Dar al-Andalus, Beirut, 1965, 3:139). Not only did she lead Muslim men in prayer, she recited the two longest chapters in the Quran during that prayer. (Ibid). (It should be noted that many traditional imams do not accept Ghazala as legitimate precedent because she belonged to the Kharijite sect, a group of puritans, known for their piety, who revolted against Ali and Muawiya; however, this does not necessarily invalidate her actions ) . Thus, although the practice of women leading prayer is not commonly accepted, one cannot simply conclude that it is prohibited without first conducting honest and unbiased research.

More Examples of Politically Active Women

Furthermore, Islamic history is filled with women who undertook various forms of political activism. Unfortunately, however, much of this history has been ignored. The first martyr in Islam was a woman, Sumaya zawgat Yasir. Sumaya was tortured and killed in the early period of Islam because of her belief in Prophet Muhammad and the message he brought of one God. Jane Smith, "Women, Religion, and Social Change in Early Islam", Women, Religion, and Social Change, ed. Yvonne Haddad and Elison Findly, State University of New York Press, 1985, p. 25; Muhammad al-Khudari, Noor al Yakin fi Sirat Sayid al-Mursalin, 1935, p.47.

Asma bint Umais was a woman who traveled by sea and emigrated to Abyssinia when the Muslims were being persecuted in Mecca. Abu Musa narrated the following: Asma visited Hafsa, the Prophet's wife. During her visit Umar ibn al-Khattab arrived and upon seeing Asma he inquired who she was. Hafsa told him Asma's name whereupon Umar asked if she was the Abyssinian sea traveler and Asma replied that she was. Umar then said "We did hijra before you, so we are closer to the Prophet (PBUH)." Later, the Prophet arrived and Asma related to him what Umar said. The Prophet said to her "Nobody is closer to me than you. Umar and his companions have one hijra, but for you, people of the sea, you have two." Asma later said that others who had emigrated by sea would ask her about this event. Abdelhalim abu Shaqa, Emancipation of Woman at the Time of the Prophet, 1990, vol. 2, p. 37 (citing Bukhari 13:245 and Muslim, The Book of Pilgrimage, 4:101). This story is significant in that Asma bint Umais and her travels in search of religious freedom appeared to be common knowledge and were noteworthy enough to receive praise from the Prophet.

Women also fought in battles to defend Islam. Umm Imara defended the Prophet during the Battle of Uhud after the Muslims were defeated. Umar ibn al-Khattab said "I heard the Prophet (PBUH) saying 'On the day of Uhud, I never looked right or left without seeing Umm Imara fighting to defend me.'" Abdelhalim abu Shaqa, Emancipation of Woman at the Time of the Prophet, 1990, vol. 2, p. 53 (citing Ibn Sad, Tabaqat).

Another famous female warrior was Nasiba bint Kaab who fought with the Prophet in the Battle of Uhud (625 AD / 3 AH) and later on with Caliph Abu Bakr in the Ridda war (632 AD / 10 AH). She was known as such a courageous and dedicated warrior that Abu Bakr himself attended her reception upon her return to Medina. M.H. Sherif, The Muslim Woman Between the Truth of Sharia and the Fallacy of Falsification, Dar al-Marifa al-Jamiyiya, 1987, p. 78 (citing Ibn Sad, Tabakat 4:302-304).

Umm Salama, one of the Prophet's wives, was instrumental in advising the Prophet during the crisis at Hudaybiya in 628 AD (6 A.H.). Muhammad al-Ghazali, Fiqh al-Sira, Alim al-Marifa, p. 363 . Her advice prevented disunity among the Muslims after the Treaty of Hudaybiya and her opinion prevailed over that of many men, including Umar ibn al-Khattab. Muhammad al-Ghazali, Fiqh al-Sira, Alim al-Marifa, p. 363 . Umm Salama was also an inquisitive student of Islam. She asked the Prophet why only men were mentioned in the Quran and in response God revealed the following verse: "Verily, for all men and women who have surrendered themselves unto God, and all believing men and believing women, and all truly devout men and truly devout women, and all men and women who are true to their word, and all men and women who are patient in adversity, and all men and women who humble themselves before God, and all men and women who give in charity, and all self-denying men and self-denying women, and all men and women who are mindful of their chastity, and all men and women who remember God unceasingly: for all of them has God readied forgiveness of sins and a mighty reward. " (Quran 33:35). Fatima Mernissi, The Veil and the Male Elite, Addison-Wesley Publishing Co., 1987, p. 118 (citing al-Tabari, Tafsir, vol. 22, p. 10).

Umm Hani bint Abi Talib offered refuge to two non-Muslim men who sought protection after the opening of Mecca. After she offered them refuge she went to the Prophet and told him what she had done. He said to her, "We offer refuge to whomever you offered and we guarantee the safety to whom you guaranteed safety." M.H. Sherif, The Muslim Woman Between the Truth of Sharia and the Fallacy of Falsification, Dar al-Marifa al-Jamiyiya, 1987, p. 71-72 . (citing Sirat Ibn Hisham, 4:39-40). Thus, in essence, Umm Hani bint Abi Talib performed a significant political function, one often reserved only for the ruler, when she granted political asylum to these men.

Aisha, a wife of Prophet Muhammad, was also politically active. In the year 658 A.D. (36 AH) she played a major role in the armed resistance against Ali, the fourth successor after the death of Prophet Muhammad. (Fatima Mernissi, The Forgotten Queens of Islam, University of Minnesota Press, 1993, p. 66.) Aisha went to mosques and rallied people to take up arms against Ali. (Ibid). Aisha, the only woman on the battlefield, led thousands of men into the "Battle of the Camel." (Ibid). Aisha was clearly an influential leader as shown by the following statement made by Hasan the son of Ali after Aisha traveled to Basra with Talha and al-Zubayr, members of Ali's opposition, to rally support. Hasan, in a speech made in Kufa, stated, "I swear by God, surely she is the wife of your Prophet, in this life and the hereafter. But it is a test from God to know whether you will obey Him or her. " (Abdelhalim Abu Shaka, The Emancipation of Woman at the Time of the Prophet, 1990, p. 151 (citing Bukhari).

Arguments Against Political Participation

Despite the evidence to the contrary, some argue that in Islam women cannot or should not hold positions of leadership. This argument is based primarily on the interpretation given to one hadith and to two Quranic verses. The hadith, related by Abu Bakra, states "God has benefited me from a word I heard from the Prophet (PBUH) on the day of the Camel, after I had been about to join the ranks of the people of the Camel. [Abu Bakra] said 'When the Prophet was informed that the people of Persia had crowned the daughter of Kisra as their ruler, he said: No people will ever succeed if they hand their affairs to a woman.' "Sahih al-Bukhari, trans. by M.M. Khan, Kazi Publications, 1983, vol. 5, p. 508, no. 508; vol. 9, p. 170-171, no. 219 . [SEE SOURCES CHAPTER FOR DISCUSSION OF THIS HADITH] Ibn Hazm understood the hadith to mean that a woman can hold any position of leadership other than actually being the head of state. Muhammad al-Ghazali, Sunna al-Nabawiya Bayna Ahl al-Fiqh wa Ahl al-Hadith, Dar al-Shuruq, 1989, p.56. Muhammad al-Ghazali states that this hadith must be closely scrutinized and while he has no particular desire to have a woman act as head of state, he is adamant that the state be headed by the most capable person. Muhammad al-Ghazali, Sunna al-Nabawiya Bayna Ahl al-Fiqh wa Ahl al-Hadith, Dar al-Shuruq, 1989, p.56. Al-Ghazali also argued that narrowly interpreting this hadith would contradict historical realities, eg England under Queen Victoria, India under Indira Ghandi, and Israel under Golda Meir. Muhammad al-Ghazali, Sunna al-Nabawiya Bayna Ahl al-Fiqh wa Ahl al-Hadith, Dar al-Shuruq, 1989, p.58. Al-Ghazali also argues that femininity or masculinity is irrelevant in this regard and he goes on to state that a pious woman is better than a bearded man who has gone astray. (Ibid).

A Quranic verse used to justify excluding women from political leadership states: "And the divorced women shall undergo, without remarrying, a waiting period of three monthly courses: for it is not lawful for them to conceal what God may have created in their wombs, if they believe in God and the Last Day. And during this period their husbands are fully entitled to take them back, if they desire reconciliation; but, in accordance with justice, the rights of the wives with regard to their husbands are equal to the husbands' rights with regard to them, although men have a degree (darajah) over them. And God is almighty, wise. (Quran 2:228). Imam al-Tabari argued that the degree referred to in this verse exhorts men to treat their wives better than they expect to be treated; in other words, the husband should not require his wife to fulfill all of her obligations to him, but he should still fulfill all of his obligations to her. MH Sherif, The Muslim Woman Between the Truth of Sharia and the Fallacy of Falsification, Dar al-Marifa al-Jamiyiya, 1987, p. 141 (citing al-Tabari, Tafsir, 1954, vol. 2, p. 454). The view held by Imam al-Tabari, that husbands should treat their wives better than they expect to be treated by them, was apparently the interpretation given to this verse in the early years of Islam. Abdullah ibn Abbas (d. 788 AD / 69 AH), the Prophet's cousin, said: "I adorn myself for my wife as she adorns herself for me, and I would not like to exact all my rights that she owes me, so that she also would not claim all what is due to her ... The 'degree' is a cue to invite men to pleasant cohabitation and to extend to women more money and good manners, because the one with more gifts should impose more upon himself. "MH Sherif," Women and Political Power in Muslim Thought ", Lecture, Cornell University, 1987 (citing al-Tabari, Tafsir, 1954, vol. 2, p. 454). In later years, scholars began to view the "degree" as equivalent to the advantages of men and linked the alleged superiority to men's advantages in jihad, inheritance, and whatever else men had in abundance over women. MH Sherif, "Women and Political Power in Muslim Thought", Lecture, Cornell University, 1987 (citing al-Tabari, Tafsir, 1954, vol. 2, p. 454). This supposed superiority was then used as the basis for the argument that wives must obey their husbands. (Ibid). Sayyid Qutb argues that this verse relates to the divorce context where the husband, who has initiated the divorce, has the right to reconcile with his wife during the waiting period. Sayyid Qutb further states: "The nature of the situation imposes this right and the degree is restricted to this situation and cannot be construed as of a general nature, as many misunderstand and then adduce it to situations in which it is not applicable. "MH Sherif," Women and Political Power in Muslim Thought ", Lecture, Cornell University, 1987 (citing Sayyid Qutb, Fi Dhilal al-Quran, 1973, vol. 2, pp. 246-247). Another argument, again restricting this verse to the divorce setting, holds that the degree or advantage men have is the ability to pronounce divorce without the need for arbitration. Amina Wadud-Muhsin, Quran and Woman, Penerbit Fajar Bakti Sdn. Bhd., 1992, p.68. Thus, based on the above, this verse need not be interpreted to hold that all men are superior to all women in all situations, thereby denying women political roles.

The other oft quoted verse used to justify the subjugation of women states: "Men shall take full care (qawamuna) of women with the bounties which God has bestowed more abundantly [preferred] (faddala) on some of the former than on some of the latter, and with what they may spend out of their possessions. And the righteous women are the truly devout ones, who guard the intimacy which God has ordained to be guarded. " (Quran 4: 34). This verse states a conditional proposition. Men are to take full care of women if two conditions are met: first, if the man's bounties are more abundant than the woman's and second, if the man supports the woman from his means. Amina Wadud-Muhsin, Quran and Woman, Penerbit Fajar Bakti Sdn. Bhd., 1992, p.70. In terms of more abundant material bounties, the only Quranic reference where men receive a greater share than women is inheritance (Quran 4:7). Thus, men are responsible to spend of their property on women and so they are given a larger share in inheritance. Amina Wadud-Muhsin, Quran and Woman, Penerbit Fajar Bakti Sdn. Bhd., 1992, p.71. The verse gives no indication of men's superiority over women in regards to intelligence, piety, or any other attribute; therefore, it makes little sense to interpret this verse to mean that men are superior to women. Furthermore, the verse states that some have been given more bounties than some; thus, men as a class are not quawamuna over women as a class. Amina Wadud-Muhsin, Quran and Woman, Penerbit Fajar Bakti Sdn. Bhd., 1992, p.71 (citing Aziza al-Hibri, "A Study of Islamic Herstory", Women and Islam: Women's Studies International Forum Magazine, 1982, 5:218). To fully understand the import of the interpretation of this verse in the subjugation of women, one must look at the various interpretations given to qawamuna. Various translations render it as "in charge of", "in charge of the affairs of", or "managers of the affairs of." Amina Wadud-Muhsin, Quran and Woman, Penerbit Fajar Bakti Sdn. Bhd., 1992, p.71. Another plausible interpretation is "in charge of the service of" because the word quwamuna includes the concepts of taking care of another, maintaining another, and moral responsibility for another (Muhammad Asad, The Mesage of the Quran, Dar Al-Andalus, 1980, p. 109, nt. 42); taken together, these concepts refer to meeting the needs of another. Whether the concept of qawamuna applies only in the family setting or whether it applies to society as a whole is an issue of debate among scholars. (Id. at p. 72). Some argue that the concept applies to the family setting, specifically, it addresses the responsibility of the man to ensure that the woman is not burdened with other responsibilities while she is fulfilling her child-bearing function, thereby equalizing their responsibilities to the family. (Id. at p. 73). Thus, this verse does not hold that men have authority over women or that all men are superior to all women; therefore, it cannot be used as a categorical justification to deprive women of political involvement.

Women in Society: Legal Rights

The legal rights of women have long been a source of misunderstanding which may have contributed to the belief, held by some, that women have a God given inferiority to men. While looking at the legal rights of women, a basic understanding of Islamic law is necessary. Understanding the difference between divine law and laws developed through human reasoning (the former law being permanent and mandatory, the latter law being subject to reformulation as circumstances require) is necessary to determine which rules are binding on us today and which were developed by jurists to address certain situations and can therefore be re-examined if circumstances warrant. Sharia is the law of God and it is incumbent upon Muslims to observe it. M.F. Osman, Sharia in Contemporary Society, Multimedia Vera International, 1994, p. 18. The divine sources of sharia are the Quran and the authentic teachings of Prophet Muhammad. Id. at p. 31. For the most part, the Quran and sunna provide general principles of conduct with a limited number of specific legal rules. Id. at p. 19. Through the process of ijtihad (personal reasoning) the divine teachings can be interpreted and implemented to address the changing circumstances of Muslims; thus, ijtihad is the most important source of Islamic law after the Quran and authentic sunna. Mohammad Hashim Kamali, Principles of Islamic Jurisprudence, Islamic Texts Society, 1991, p. 366. Fiqh, on the other hand, is the law itself and it is derived from sharia. Kamali at p. 2. Fiqh is not limited to the small number of revealed laws; rather, it is the jurisprudence that is derived from sharia. M.F. Osman, Sharia in Contemporary Society, Multimedia Vera International, 1994, p. 37. The development of fiqh is through human effort to promulgate laws and as such it is not part of the permanent divine law; therefore fiqh can be re-examined and, if necessary, reformulated to address changing circumstances. Osman at p. 37.
Legal rights, including those of women, should be discussed in light of the Islamic principle of justice. Osman at p. 31. The main areas of controversy in regards to women’s legal rights are in the areas of witnessing and inheritance. While acknowledging that further research by Islamic scholars is needed in these areas to address changing circumstances and, if necessary, to reformulate fiqh, the divine and permanent laws of sharia must be respected.
Women as witnesses in debtor/creditor transactions
The Quranic verse in regards to witnessing a debtor creditor transaction states: "Whenever you give or take credit for a stated term, set it down in writing...And call upon two of your men to act as witnesses; and if two men are not available, then a man and two women from among such as are acceptable to you as witnesses, so that if one of them should make a mistake, the other could remind her." (Quran 2:282). The jurist Ibn Al-Qayyim points out that the rule enunciated in 2:282 is the exception to the general rule that the testimony of a woman is equal to that of a man. (Osman, Fathi, Muslim Women in the Family and the Society, Minaret Publications, p. 39). Furthermore, this verse states a reason behind the rule, in case one forgets, the other may remind her. Within Islamic jurisprudence once the reasoning behind a rule is no longer applicable, then the rule itself may not be applicable. (Khalaf, Abdel Wahab, Ilm Usul al-Fiqh, Dar al-Qalam 1978, p.66). Professor Khalaf, who was Professor of Sharia at Cairo School of Law, states that all sharia rules are based on their reasons; therefore, the existence or non-existence of a rule depends on the existence or non-existence of its reason. He further states that a sharia rule is applicable if its reason is present, even if the wisdom of the rule is not understood; however, a rule is inapplicable if its reason does not exist, even if the wisdom of the rule is clear. Id.
When the Quran was revealed in Arabia over 1400 years ago, the women of that time had virtually no interaction in the business community and were unfamiliar with financial transactions; thus, the rationale for the verse. Thus, women are not inferior as a result of this rule, as is frequently believed in Muslim circles; rather, the Quran simply stated the rule in a manner understandable to the community to whom the Quran was revealed. However, in modern society, where both women and men are well versed in business and financial matters, and business is becoming a discipline and a specialty, there is no special danger of a woman forgetting or misunderstanding a transaction; therefore, under these circumstances, there is room to question the applicability of this rule. Amina Wadud-Muhsin, Quran and Woman, Penerbit Fajar Bakti Sdn. Bhd., 1992, p. 85 (citing Fazlur Rahman, Major Themes in the Quran, 1982, p.49).
Furthermore, the rule set forth for debtor-creditor transactions gives no justification to expand the rule to either exclude women from being witnesses altogether or to require two women for one man in every situation where witnesses are required. The verse clearly sets forth the situation in which this rule applies and why. Muhammad al-Ghazali comments that it is both unfortunate and wrong that this rule has been extended by some to exclude women from all witnessing. Muhammad al-Ghazali, Sunna al-Nabawiya Bayna Ahl al-Fiqh wa Ahl al-Hadith, Dar al-Shuruq, 1989, p. 66.
Women as witnesses in cases of adultery
Further evidence that the debtor-creditor situation is an exception to the general rule that the testimony of a woman is equal to that of a man is found in the Quran where in cases of adultery the Quran requires witnesses but is silent on the issue of gender, thereby implying that the gender of the witnesses is irrelevant. "And as for those who accuse chaste women of adultery, and then are unable to produce four witnesses in support of their accusation, flog them with eighty stripes; and ever after refuse to accept from them any testimony -- since it is they, they that are truly depraved." (Quran 24:4). In cases of adultery where one spouse accuses the other, either spouse can swear by God that he or she is telling the truth with the Quran treating each equally. "And as for those who accuse their own wives of adultery, but have no witnesses except themselves, let each of these accusers call God four times to witness that he is indeed telling the truth...But as for the wife, all chastisement shall be averted from her by her calling God four times to witness that he is indeed telling a lie." (Quran 24:6,8). Accusations of adultery are much more of moral significance than debtor-creditor transactions and it would make little sense to require two women witnesses for the relatively less significant event of a debt transaction and to require only one for the more serious accusation of adultery unless we accept the proposition that the debtor-creditor situation was an exceptional one because at the time women were unfamiliar with business transactions.
Women as witnesses in cases of divorce
In cases of divorce the Quran requires that there be two witnesses; however, it is silent as to gender, thereby implying its irrelevance. "...And let two persons of known probity from among your own community witness what you have decided; and do yourselves bear true witness before God." (Quran 65:2). Again, divorce is a significant act where the Quran has specified many rules and its silence as to the gender of the witnesses is further evidence that the debtor-creditor situation is unique.
Women as witnesses to bequests
"O you who have attained to faith! Let there be witnesses to what you do when death approaches you and you are about to make bequests: two persons of probity from among your own people, or -- if the pangs of death come upon you while you are traveling far from home -- two other persons from among people other than your own. Take hold of the two after having prayed; and if you have any doubt in your mind, let each of them swear by God, ‘We shall not sell this [our word] for any price, even though it were for the sake of a near kinsfolk; and neither shall we conceal aught of what we have witnessed before God -- or else, may we indeed be counted among the sinful.’ But if afterwards it should come to light that the two witnesses have become guilty of this very sin, then two others -- from among those whom the two former have deprived of their right -- shall take their place..."(Quran 5:106-107). In this situation, where safeguards are taken to ensure the integrity of the witnesses, the Quran is again silent as to their gender. It is noteworthy that preference was given to witnesses "from among your own people" -- this was a relevant criterion and it was enunciated; however, gender was not specified and thus is irrelevant.
Inheritance rights of women
Islam was revolutionary in regards to inheritance by women. Prior to the Quranic injunction, women not only did not inherit from their relatives, women themselves were bequeathed as if they were property to be distributed at the death of a husband, father, or brother. Thus, Islam, by giving women the right to inherit, changed the status of women in an unprecedented fashion. Moreover, this right was God given and not aquired as a result of political pressure. Furthermore, it is interesting to note that the verses on inheritance are contained in Chapter 4 of the Quran which is entitled "Women", perhaps signaling the importance of this area for women. The Quran states: "Men shall have a share in what parents and kinsfolk leave behind, and women shall have a share in what parents and kinsfolk leave behind." (Quran 4:7). In terms of the right to inherit, women and men are equal legal entities; thus, whether women can inherit is not controversial. Rather, the dispute centers around the "share" that is to be inherited. The inheritance verses demonstrate God’s wisdom in detailing the rights of each family member where the society was tribal and patriarchal and where women generally had no financial security other than that provided by men; however, there may be hidden wisdom in these verses that is beneficial to other types of societies as well. Islamic scholars, while respecting the permanent divine law, must explore the application and inherent wisdom of these verses to ensure that the Islamic principle of justice prevails.
The Quran goes on to state in detail the division of property based on the number of relatives and the level of kinship.
"Concerning [the inheritance of] your children, God enjoins [this] upon you: The male shall have the equal of two females’ share; but if there are more than two females, they shall have two-thirds of what [their parents] leave behind; and if there is only one, she shall have one-half thereof.
And as for the parents [of the deceased], each of them shall have one-sixth of what the deceased leaves behind, in the event of the deceased having [left] a child; but if the deceased has left no child and the parents are the [only] heirs, then the mother shall have one-third; and if the deceased has brothers and sisters, then the mother shall have one-sixth after [the deduction of] any bequest the deceased may have made, or any debt.
As for your parents and your children - you know not which of them is more deserving of benefit from you: [therefore this] ordinance from God. Verily, God is all-knowing, wise." (Quran 4:11).
The injunction that a male receives a share equal to that of two females appears to apply only to the inheritance of children by their parents. Parents who inherit from a deceased child each inherit one-sixth if their child has left a child. In that instance, the division is equal between the mother and the father of the deceased. The verse then states what the mother shall receive if the deceased left no children or if the deceased left siblings. Presumably the father and the mother inherit equally in those situations.
Muslim jurists have debated the issue of inheritance for centuries with several theories being proposed. One theory explains that a brother receives double his sister’s share because he has an obligation to provide for her support. The inheritance verse may be read in conjunction with the following verses which state: "Hence, do not covet the bounties which God has bestowed more abundantly on some of you than on others. Men shall have a benefit from what they earn, and women shall have a benefit from what they earn. Ask, therefore, God to give you out of His bounty: behold, God has indeed full knowledge of everything." (Quran 4:32). And, "Men shall take full care of women with the bounties which God has bestowed more abundantly on some of the former than on some of the latter, and with what they may spend out of their possessions. And the righteous women are the truly devout ones, who guard the intimacy which God has ordained to be guarded." (Quran 4: 34). These verses place an obligation on the person with more bounties to spend on the person who has less. The inheritance verse gives men a more abundant bounty than that given to women. Thus, men are responsible to spend of their property on women. Amina Wadud-Muhsin, Quran and Woman, Penerbit Fajar Bakti Sdn. Bhd., 1992, p.71.
Another theory holds that the inheritance verses mentioned above apply only if no will was left by the deceased. David Powers, Studies in Quran and Hadith: The Formation of the Islamic Law of Inheritance, University of California Press, 1986, p. 52. This theory is based on the following verses: "O you who have attained to faith! Let there be witnesses to what you do when death approaches you and you are about to make bequests" (Quran 5:106) and "It is ordained for you when death approaches any of you and he is leaving behind much wealth, to make bequests in favor of his parents and other near of kin in accordance with what is fair: this is binding on all who are conscious of God." (Quran 2:180). These verses appear to sanction the drafting of a will, thus the argument that the inheritance verses apply where no bequest has been made as specified in these verses. However, there are jurists who believe that the verses on bequests were abrogated with the revelation of the inheritance verses. Powers at p. 52. (The issue of abrogation is an issue of much debate among jurists and is beyond the scope of this work).
Another theory allows the transfer of property to be made during the life of the testator M.F. Osman, Muslim Women in the Family and the Society, Minaret Publications, p. 24; Muhammad Ashraf, A Learner’s Guide to the Division of Inheritance, 1991, p. 19.
Another theory allows a person to will up to one third of his or her property in any manner, thus the one-third, or a portion of it, could be used to further provide for the female. Amina Wadud-Muhsin, Quran and Woman, Penerbit Fajar Sdn. Bhd., 1992, p. 88. (A majority of sunni schools state that the one-third share cannot be bequeathed to the natural heirs; however, others, including the shiite schools, disagree with this limitation. Muhammad Ashraf, A Learner’s Guide to the Division of Inheritance, 1991, p. 22).
As shown by the plethora of theories on the subject, the topic of inheritance contains many complicated rules that need further study and clarification. Muslim jurists must continue to debate this subject and should consider whether the laws of inheritance apply only in an Islamic state where one who is wronged would have legal recourse and how should a Muslim minority in a non-Islamic state resolve these issues.