Alhassanain(p) Network for Heritage and Islamic Thought

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Woman And Her Rights

(A Translation of Nizam-e-Huqooq-e-Zan dar Islam)

Author (s): Ayatullah Murtada Mutahhari

Translated by: M A Ansari

Published by the Islamic Seminary Publications

www.alhassanain.org/english

Dedicated to Fatima Zahra [a], the honourable daughter of the Holy Prophet of Islam

Notice:

This version is published on behalf of www.alhassanain.org/english

The composing errors are not corrected.

TABLE OF CONTENTS

THE AUTHOR 10

PROLOUE 12

PREFACE 19

THE PROBLEM OF FAMILY RELATIONS 19

SHOULD WE IMITATE THE WEST OR BE INDEPENDENT? 19

COMPULSION OF HISTORY 19

SOCIAL INDEPENDENCE OF WOMEN 21

INDEPENDENCE OF CHOOSING DESTINY 21

MARRIAGE BEFORE BIRTH 21

EXCHANGE OF DAUGHTERS 22

THE ISLAMIC MOVEMENT FOR WOMEN'S LIBERATION 22

THE FATHER'S PERMISSION 23

MAN IS AFTER SEX, WOMAN IS AFTER LOVE 24

ISLAM AND MODERN LIFE 26

ISLAM AND MODERN LIFE - I 26

ISLAM AND THE REQUIREMENTS OF THE TIME 26

OBJECTIONS 28

IS THE SOCIAL CHANGE COMPATIBLE WITH TIME? 28

ADJUSTMENT OR ABROGATION? 29

ISLAM AND MODERN LIFE - II 31

THE RIGID AND THE MISINFORMED 32

A PARABLE OF THE QUR'AN 33

ISLAM AND MODERN LIFE -III 35

THE FLEXIBILITY OF ISLAMIC LAWS 35

EMPHASIS ON SPIRIT AND INDIFFERENCE TO FORM 36

STABLE LAWS FOR STABLE REQUIREMENTS AND VARYING LAWS FOR VARYING REQUIREMENTS 37

THE QUESTION OF THE CHANGE OF SCRIPT 38

DEPENDENCE ON OTHERS IS FORBIDDEN NOT THE EUROPEAN HAT 39

IMPORTANT AND MORE IMPORTANT 39

THE LAWS WHICH HAVE A RIGHT OF VETO 39

POWERS OF THE RULER 40

THE PRINCIPLE OF IJTIHAD 40

WOMAN IN QUR’AN 41

THE SPECIAL PHILOSOPHY OF ISLAM IN RESPECT OF FAMILY RIGHTS 41

EQUALITY OR SIMILARITY? 41

THE POSITION OF WOMAN IN THE ISLAMIC SCHEME 43

SIMILARITY, NO AND EQUALITY, YES 46

DECLARATION OF HUMAN RIGHTS IS A PHILOSOPHY AND NOT A LAW 48

PHILOSOPHY CANNOT BE PROVED BY FILLING COUPONS 49

A BRIEF GLANCE AT THE HISTORY OF WOMEN'S RIGHTS IN EUROPE 50

HUMAN DIGNITY AND HUMAN RIGHTS 51

IMPORTANT POINTS OF THE PREAMBLE OF THE DECLARATION OF HUMAN RIGHTS 52

RESPECT FOR HUMAN DIGNITY 52

WESTERN PHILOSOPHY DEPRECIATES MAN 53

NATURAL POSTULATES OF FAMILY RIGHTS 56

THE RELATIONSHIP BETWEEN NATURAL RIGHTS AND THE AIMS OF NATURE 56

SOCIAL RIGHTS 57

FAMILY RIGHTS 57

NATURAL POSTULATES OF FAMILY RIGHTS 58

IS THE FAMILY LIFE NATURAL OR CONTRACTUAL? 59

THEORY OF FOUR PERIODS 59

WOMAN IN NATURE 61

DISPARTIES BETWEEN MAN AND WOMAN 63

IS IT PROPORTION OR PERFECTION AND IMPERFECTION? 63

A PLATONIC THEORY 64

ARISTOTLE VERSUS PLATO 65

THE VIEW OF THE MODERN WORLD 65

DUALITIES 66

A COMPARATIVE VIEW OF EACH OTHER 66

DISPARITIES BETWEEN MAN AND WOMAN 67

A MASTERPIECE OF CREATION 67

A CONNECTION HIGHER THAN PASSION 68

THE DUALITY OF THE FEELINGS OF MAN AND WOMAN WITH REGARD TO EACH OTHER 69

A HASTY MOVEMENT 70

WILL DURANT'S VIEW 70

DOWER AND MAINTENANCE 74

DOWER AND MAINTENANCE - I 74

A BRIEF HISTORY OF DOWER 74

DOWER IN THE ISLAMIC SYSTEM OF RIGHTS 75

A GLANCE AT HISTORY 76

THE REAL PHILOSOPHY OF DOWER 76

THE DOWER IN THE QUR'AN 78

THE QUALITY OF FEELINGS AMONG ANIMALS 78

GIFTS IN ILLICIT RELATIONS 78

A EUROPEAN IS MORE NATURAL IN LOVE-MAKING THAN IN MARRIAGE 79

DOWER AND MAINTENANCE - II 79

PRE-ISLAMIC CUSTOMS ABOLISHED BY ISLAM 79

ISLAM HAS ITS OWN SYSTEM OF DOWER 81

CRITICISMS: 82

DOWER AND MAINTENANCE - III 84

LAYING THE EUROPEAN WOMAN UNDER AN INTERDICTION UP TO THE SECOND HALF OF THE 19TH CENTURY 85

WHY EUROPE SUDDENLY GAVE ECONOMIC INDEPENDENCE TO WOMAN? 86

THE QUR'AN AND THE ECONOMIC INDEPENDENCE OF WOMAN 86

COMPARISON 87

CRITICISM AND ANSWER 87

THREE KINDS OF MAINTENANCE 88

DOES THE MODERN WOMAN NOT WANT DOWER AND MAINTENANCE? 88

SAFEGUARDING THE ECONOMIC INTERESTS OF WOMAN 88

PROPAGANDA AGAINST MAINTENANCE 90

STATE INSTEAD OF HUSBAND 91

HAS THE UNIVERSAL DECLARATION OF HUMAN RIGHTS HUMILIATED WOMAN? 93

INHERITANCE 95

WHY WOMAN WAS DEPRIVED OF INHERITANCE? 95

INHERITANCE OF AN ADOPTED SON 96

INHERITANCE OF AN ALLY 96

WIFE, A PART OF INHERITANCE 96

INHERITANCE OF WOMAN DURING THE SASANIAN PERIOD 96

WOMAN'S INHERITANCE IN ISLAM 97

OBJECTION OF THE WESTERNISED 97

OBJECTION OF THE HERETICS OF THE EARLY ISLAMIC ERA 98

DIVORCE 99

DIVORCE - I 99

THE GROWTH OF DIVORCE IN MODERN LIFE 99

THE DIVORCE-GENERATING ATMOSPHERE OF AMERICA 100

FIVE THEORIES 101

DIVORCE (II) 102

IGNOBLE DIVORCES 104

A BASELESS RUMOUR 105

WHY ISLAM HAS NOT PROHIBITED DIVORCE 107

DIVORCE (III) 107

NATURAL LAWS IN RESPECT OF MARRIAGE AND DIVORCE 107

NATURAL POSITION OF MAN IN THE DOMESTIC LIFE 109

VIEWS OF A LADY PSYCHOLOGIST 110

A STRUCTURE BUILT ON THE BASIS OF SENTIMENTS 110

WHAT CONSOLIDATES THE FAMILY STRUCTURE IS MORE THAN EQUALITY 112

EQUALITY IN CORRUPTION 112

DIVORCE (IV) 112

THE NATURE OF DOMESTIC PEACE IS DIFFERENT FROM THAT OF OTHER KINDS OF PEACE 114

ISLAM WELCOMES EVERY FACTOR WHICH HELPS CHECKING DIVORCE 114

THE WIFE'S PREVIOUS SERVICE TO THE HOUSEHOLD 117

DIVORCE (V) 118

RIGHT OF DIVORCE IS DUE TO MAN'S SPECIAL ROLE AND NOT TO ANY PROPRIETARY RIGHTS 119

DIVORCE IS RELEASE IN A SENSE 119

PENALTY FOR DIVORCE 120

DELEGATION OF THE RIGHT OF DIVORCE TO WIFE 120

JUDICIAL DIVORCE 120

ARE CERTAIN CASES OF MARRIAGE INCURABLE LIKE CANCER? 121

DEADLOCKS 122

DILEMMA OF DIVORCE 123

VIEW OF AYATULLAH HILLI 123

VIEW OF SHAYKH TUSI 125

FIXED – TIME MARRIAGE 127

FIXED-TIME MARRIAGE I 127

PRESENT DAY LIFE AND THE FIXED-TIME MARRIAGE 128

TEENAGERS AND SEXUAL CRISIS 129

WHICH ONE; TEMPORARY MONASTICISM SEXUAL COMMUNISM OR A FIXED-TIME MARRIAGE? 129

TRIAL MARRIAGE 129

RUSSELL'S THEORY OF TEMPORARY MARRAIGE 130

(II) FIXED-TIME MARRIAGE 131

HISTORY OF BELIEFS 131

OBJECTIONS 132

A FIXED-TIME MARRIAGE AND HAREM 134

SOCIAL CAUSES OF 'HAREM' FORMATION 135

HAS FIXED-TIME MARRIAGE BEEN MADE LAWFUL TO SATISFY LUST? 136

HAREMS AND THE MODERN WORLD 136

CALIPH BANS FIXED-TIME MARRIAGE 137

POLYGAMY 140

SEXUAL COMMUNISM 140

PLATO'S VIEW 140

POLYANDRY 140

DEFECTS OF POLYANDRY 141

POLYGAMY 142

ISLAM AND POLYGAMY 142

HISTORICAL CAUSES OF POLYGAMY (I) 144

CAUSES OF THE FAILURE OF POLYANDRY 146

FAILURE OF SEXUAL COMMUNISM 147

HISTORICAL CAUSES OF POLYGAMY (II) 149

GEOGRAPHICAL FACTORS 149

POLYGAMY IN THE WEST 150

MENSES 152

LIMITATION OF THE PERIOD OF FECUNDITY IN FEMALES 152

ECONOMIC FACTORS 152

NUMBER OF MEMBERS OF A FAMILY 153

NUMERICAL SUPERIORITY 153

RECAPITULATION 153

RIGHT OF WOMAN IN "MORE-THAN-ONE" MARRIAGE 154

WHY ARE THERE MORE WOMEN OF MARRIAGEABLE AGE THAN MEN? 157

WOMAN HAS A GREATER POWER OF RESISTANCE AGAINST DISEASES 157

RIGHT OF WOMAN IN POLYGAMY 158

RUSSELL'S THEORY 159

POLYGAMY PROHIBITED, HOMOSEXUALITY PERMITTED! 160

IS MAN POLYGAMOUS BY NATURE? 160

POLYGAMY AS THE FACTOR SAVING MONOGAMY 162

WILES OF THE TWENTIETH CENTURY MAN 163

CRISIS RESULTING FROM THE PRIVATION OF THE WOMEN HAVING NO HUSBANDS 164

VARIOUS REACTIONS ABOUT THE EXCESS OF WOMEN 165

DRAWBACKS AND DEFECTS OF POLYGAMY 165

CORRECT APPRAISAL 166

FROM THE PSYCHOLOGICAL ANGLE 166

FROM THE ANGLE OF BEHAVIOUR 167

FROM THE MORAL ANGLE 168

FROM THE LEGAL ANGLE 169

FROM THE PHILOSOPHICAL ANGLE 171

ROLE OF ISLAM IN THE DEVELOPMENT OF POLYGAMY 171

LIMITATIONS 171

JUSTICE AND EQUAL TREATMENT 172

APPREHENSION OF NOT DOING JUSTICE 174

HAREMS 174

OTHER CONDITIONS 175

MODERN MAN AND POLYGAMY 175

THE AUTHOR

Ayatullah Murtaza Mutahheri, born 1920, was one of the most versatile Islamic scholars and prolific writers of recent times. He was deeply rooted in traditional learning and enamoured of its exponents. He was a thinker who had fully absorbed a rigorous philosophical training. His work is marked by a philosophical clarity that particularly qualified him to deal with the fundamental problem of religious thought that forms the subject-matter of this book.

Ayatullah Mutahhery received his elementary education in theology from his father, Shaykh Muhammad Husayn in his home town, Fariman. When the Ayatullah was twelve years of age he joined the Educational Centre at Mashad and pursued his studies there for five years. Then he proceeded to Qum, the great centre of Islamic education. He stayed there for fifteen years and completed his education in Islamic Beliefs and Jurisprudence under the supervision of the renowned philosopher Allama Muhammad Husayn Tabatabai, Imam Khomayni and many other distinguished scholars. Then he migrated to Tehran.

During the period of his education the Ayatullah felt that the communists wanted to change the sacred religion of Islam and destroy its very spirit by mixing their atheistic views with the Islamic philosophy and interpreting the verses of the Qur'an in a materialistic manner. Of course, communism was not the only thing which received Ayatullah's attention. He also wrote on exegesis of the Qur'an, philosophy, ethics, sociology, history and many other subjects. In all his writings the real object he had in view was to give replies to the objections raised by others against Islam, to point out the shortcomings of other schools of thought and to manifest the greatness of Islam. He believed that in order to prove the falsity of Marxism and other ideologies like it, it was necessary not only to comment on them in a scholarly manner but also to present the real image of Islam.

Ayatullah Mutahheri wrote assiduously and continuously from his student days right up to 1979, the year of his assassination. Much of his work has been published in and outside Iran. He has written a number of books not in accordance with his personal interest or predilection but with his perception of its need. Wherever a book was lacking in some vital topic of contemporary Islamic interest Mutahheri sought to supply it.

The activities of the Ayatullah were intolerable for the followers of the atheistic schools and they, therefore, decided to remove him from the scene by terroristic methods. Eventually they succeeded on the 1st of May, 1979. His martyrdom was a great tragedy. When the sad news was conveyed to Imam Khomayni he could not control his tears. In his condolence message he said: "I have been deprived of a dear son of mine. I am lamenting upon the death of one who was the fruit of my life."

Thousands of Muslims escorted his funeral. He was laid to rest in Qum in the precincts of the Holy shrine of Lady Fatimah Ma'sumah.

Ayatullah Mutahhery was a popular figure in the religious and literary circles of Iran. He served in the Tehran University as the Head of the Department of Theology and Islamic Learnings.

At the time of his martyrdom he was the president of the Constitutional Council of the Islamic Republic of Iran and was performing his duties in a very befitting manner.

His works have been translated and published in French, Arabic, Turkish, Urdu and English. The Islamic Seminary has had the honour of publishing some of them.