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The Ideal Islamic Government

The Ideal Islamic Government as Expounded by the Leader of the Faithful Ali Ibn Abi Talib (a.s.)

Author(s): Allamah Sayyid Sa'eed Akhtar Rizvi

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This text presents the ideal Islamic government in the eyes of Imam 'Ali ibn Abi Talib (a.s.) through his letter to Malik Al Ashtar.

Notice:

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

The composing errors are not corrected.

Table of Contents

Preface 6

Translator's Notes 9

About the Author of the Letter 9

About the Addressee, Malik Al-Ashtar 13

The Letter 15

Preamble 15

The qualifications of a governor and his responsibilities 16

Ruling should be in favour of the people as a whole 17

About Counsellors 18

The different classes of people 19

1. The Army 20

2. The Chief Judge 22

3. Executive Officers 23

4. The Administration of Revenues 24

5. The Clerical Establishment 25

6. Traders and Industrialists 26

7. The Lowest Class 27

Communion with Allah 28

On the Behaviour and Action of A Ruler 29

Conclusion 32

Preface

In the name of Allah, the Beneficent, the Merciful

The letter of the Leader of the faithful, 'Ali ibn Abi Talib (a.s.) to the Egypt's governor-designate, Malik ibn al-Harith al-Ashtar, written in 38 A.H., should rightfully be called the first Constitution which is wholly based on justice, common welfare and public weal.

Hammurabi's Code is probably the oldest surviving "document" on state-craft. Hammurabi ruled over Babylonia in circa 1750 B.C. He got his decisions and judgments carved in stone, which was discovered in Susa, and is now placed in Louvre in Paris.

But it is not so much a constitution, as of civil and penal code, dealing with family affairs, contracts and trade, slavery and debts, crimes and punishments, and so on. Even then it did not promulgate impartial justice, as penalties and punishments varied according to the status of offenders.

Plato (circa 428 B.C. -347 B.C.) was Socrates' friend and disciple. He said that there were standards, which he called "ideas" or forms. Those ideas were the real things. A phenomenon is good when it corresponds with its idea or reality. A judge is just if his decision conforms with the "idea" of justice. The present connotation of the word "ideal" is derived from that concept. In his best-known work, The Republic, he says that the best kind of state would be that where the rulers would be philosophers,

1n spite of the great influence of Plato's philosophy, his ideal republic has remained just that-- an ideal, which has never been put into practice.

Five centuries after this letter of 'Ali (a.s.), came Magna Carta (the Great Charter) which was drawn up in England in 1512 C.E. It is considered the basis on which later charters have been drawn up. But the fact remains that its main thrust and purpose was to safeguard the rights of the English barons against their King, John-- although in so doing it gave some personal liberty to every English citizen.

The importance of 'Ali (a.s.)'s document rests on the fact that it lays stress on welfare of every stratum of society.

It begins and ends with reminding the Governor to remember, fear and obey Allah. It explains the qua1ifications and responsibilities of a governor, and stresses that the rule should be in favor of the people as a whole, and goes on to guide him about the qualities of his counselors. It gives guidance about army, judiciary, tax-collectors and secretaries.

Then it describes various strata of the people and the government's obligation towards them. As the Translator has rightly remarked:

"'This document, which deserves to be called the constitution of Islamic polity, was prepared by the person who was the greatest scholar of Divine law and acted upon it more than anyone else.

From the study of Amir al-mu'minin's way of governance in these pages it can be concluded that his aim was only the enforcement of Divine law and the improvement of social conditions, and not to disrupt public security or to fill treasures by plunder, or to strive to extend the country's boundaries by fair means or foul.

Worldly governments generally adopt such constitutions which cater for their utmost benefit and try to change every law which is against that aim or is injurious to their objective. But every article of this constitution serves as a custodian of common interests and protector of collective organization.

Its enforcement bas not touch of selfishness or any iota of self-interest. It contains such basic principles of the fulfillment of Allah's obligations, the protection of human rights without distinction of religion or community, the care of the destitute and the poor and the provision of succor to the low and the down-trodden from which full guidance can be had for the propagation of right and justice, the establishment of peace and security, and the prosperity and well-being of the people."

But the real beauty of this "Constitution" is that it did not remain a theory; it was implemented and enforced throughout the realm of Islam, during the reign of 'Ali (a.s.).

At this point it is necessary to mention that 'Ali (a.s.) used to write such instructions for all his governors, although it is only this letter that has survived.

History mentions another detai1ed letter written by 'Ali (o.s.) for Shanshab, the ruler of Kabul and Ghor (in present day Afghanistan). He was a Buddhist ruler who willingly accepted Islam on the hands of 'Ali (a.s.). 'Ali (a.s.) confirmed him as the ruler of his Kingdom, writing for him detailed guidance for governing.

From then on, the "Testament" (as it was called) served as the Constitution of the realm, and the successors of Shanshab had to declare on oath, at the time of accession to the throne, that they would uphold the Testament and act according to its articles.

Incidentally, Ghor and Bahrain were the only two provinces where the Umrnayyads could not enforce their heinous custom of cursing 'Ali (a";.) and other members of the Prophet's family in the sermons of Fridays.

This version has been taken from the English translation of Nahj al-Balaghah, translated by Mr. Syed Ali Raza, and published by the World Organization of Islamic Services (WOFIS), Tehran; in 1399/1979. It appears in Part Three, pp. 602-619.

The original work was compiled by ash-Sharif as-Sayyid ar-Radi (died 406 A.H.). It also appears in several works preceding as-Sayyid ar-Radi:

l. Da'a'imul Islam -by Nu'man ibn Muhammad ibn Mansur of Egypt (died 363 A.H.)

2. Tuhaful 'Uqul -by Ibn Shu'bah al-Harrani (died circa 381 A.H.)

3. As-Sa'adah wal Is'ad -by Yusuf aI-'Amiri of Nishapur (died 381 A.H.)

4. Dasturul 'AIam -by Qazi aI-Quza'i (died 404 A.H.)

After this "Preface" we have included two Notes by the Trans1ator: First is about the Author of the Letter, Leader of the faithful, 'Ali (a.s.); and the second about the addressee, Malik al-Ashtar. The former has been taken from the beginning of his book (Part One, pp. 8-12), while the latter appears at the end of the letter (Part Three, pp. 619-621).

In the end, we thank Allah Subhanahu wa Ta'a1a that he made us among the adherents to the Wilayah -Love and Obedience -of the Leader of the faithful and the Imams, Peace he on them all.

Sayyid Sa’eed Akhtar Rizvi

Dar es Salaam,

25th Dhul-hijja, 1410

20th July, 1990

Translator's Notes

About the Author of the Letter

In the World such persons are rarely found in whom besides one or two virtuous qualities other qualities might also attain prominence, much less the convergence of all contradictory qualities, because every temperament is not suited for the development of every quality, each quality has a peculiar tempo and each virtue needs a particular climate, and they are appropriate only for such qualities or virtues with which they accord, but where there is contradiction instead of harmony the natural tendencies act as obstacles and do not allow any other quality to grow.

For example, generosity and bountifulness demand that a person should possess the feeling of pity and God-fearing so that on seeing anyone in poverty or want his heart would rend, and his feelings would be disturbed at others' tribulations while the dictates of bravery and fighting require that instead of pity and compassion there should be the passion of blood-shed and killing, prompting the person at every moment to enter into scuffle, ready to kill or be killed.

These two qualities differ so widely that it is not possible to fuse the delicacies of generosity into the stiff manifestations of bravery just as bravery cannot be expected from Hatim nor generosity from Rustam But the personality of 'Ali ibn Abi Talib (p.b.u.b.) showed full accord with every greatness and complete harmony with every accomplishment, and there was no good attribute or accomplishment which he lacked, nor any robe of greatness or beauty which did not fit his body.

Thus the contradictory qualities of generosity and bravery were found in him side by side. If he rained like the cloud in generosity, he also fought bravely standing firm as a mountain.

Thus his generosity and liberty of nature was of a degree that even during, days of want and starvation whatever he earned as the wage of his day's toil its major part was distributed among the poor and the starving, and he would never allow a beggar to return disappointed from his door, so much so that even when in the battle field the enemy asked him his sword he threw it before him being confident of the prowess of his naked arm.

An Urdu couplet says:

The unbeliever depends on his sword but the believer fights even without it.

And his bravery and courage was such that the onslaught of armies could not shake the firmness of his foot with the result that he achieved success in every encounter and even the bravest fighter could not save his life in an encounter with him. Thus Ibn Qutaybah writes in al-Ma’arif, “Whomever he encountered was prostrated."

The heartless nature of the brave is not wont to thinking or pondering nor do they have anything to do with foresight or fore-judging but 'Ali (p.b.u.b.) bad the quality of thinking of the highest degree. Thus, ash-Shafi'i said as follows:

What can I say about a man in whom three qualities existed with three other qualities that were never found together in any other man-- Generosity with want, Bravery with sagacity and Knowledge with practical achievements.

It was the result of this proper thinking and correct judgment that when after the death of the Prophet some people advised him to fight and promised to enlist warriors for him he rejected this advice, although on such occasions even a slight support is enough to encourage the heartless brave, yet 'Ali (a.s.) far-sighted mind at once foresaw that if battle was raged at that moment the voice of Islam would be submerged under the clutter of swords.

And then even if success was achieved it would be said that the position was gained by dint of sword and that there was no right for it. Thus, by withholding his sword on the one hand he provided protection to Islam and on the other saved his own fight from the imputation of bloodshed.

When the veins are full of daring blood and the bosom full of flames of anger and wrath it is extremely difficult to curb the passion of vengeance by adopting the course of forgiving and, despite authority and power, to pardon and overlook. But 'Ali's (a.s.) metal used to shine on such occasions when his forgiving nature would accommodate even his bloodthirsty foes.

Thus, at the end of the Battle of Jamal he made a general proclamation that no one who flees away from the field or seeks our protection would be molested and he let go without any punishment even such enemies as Marwan ibn Hakam and 'Abdullah ibn Zubayr. And the treatment that he meted out to 'A'ishah matchless manifestation of his nobility and high character --is that in spite of her open enmity and rebellion he sent with her women in men's garb to escort her to Medina.

By giving his own personal malice the garb of fundamental differences man not only deceives others hut also tries to keep himself under deception, and in these conditions such a delicate situation arises that a man fails to distinguish and separate his personal malice from a fundamental difference but easily mixing them together considers that he has followed the Command of Allah, and in this way he satisfies his passion for vengeance as well. But Amir al-mu'minin's discerning eyes never got deceived nor did they willingly deceive themselves.

Thus, on an occasion when after prostrating the opponent he placed himself on his bosom the vanquished opponent spat on his face. As man his rage should have risen and his hand should have moved quicker but instead of being enraged he got off from the man's bosom lest his action would be tarnished by personal feeling, and slayed him only after the anger had subsided.

There is nothing in common between combat and encounter and reclusion and God-fearing because one shows valor and courage while the other supplication and submission. But Amir aI-mu'minin was a unique combination of both these qualities as his hands that were bound in devotion were equally active in the battle-field, and side by side with relaxing in seclusion for devotion he was a common visitor of the field of action.

The scene of the Night of Harir puts human wit in astonishment and wonder when closing his eyes to the bloody action around the spread his prayer cloth and engaged himself in prayer with full peace of mind and heart while arrows were darting off sometimes over his head and sometimes from his right or left. But he remained engaged in Allah's remembrance without any fear or apprehension.

After finishing he again cast his hand on the sword's handle and the fierce battle that then followed is unparalleled in history. The position was that on all sides there was such hue and cry and fleeing activity that even voices falling en the ears could not be discerned. Of course, after every moment or so his own call of Allahu Akbar rose in tho atmosphere and resounded in the ears, and every such call meant death of a foe.

Those who counted these calls of takbir recorded their number as five hundred and twenty three.

The taste for learning and God-knowing does not combine with material activity but Arnir a.1-mu'minin adorned the meetings of learning and scholarship along with war-like pursuits, and he watered the field of Islam with springs of learning and truth along with shedding streams of blood (in battles).

Where there is perfection of learning, then, even if there is no complete absence of action, there must no doubt exist shortness of action, but Amir al-mu'minin treated the field of knowledge and action equally, as has been already shown in ash-Shafi'i's verse.

Examples of harmony in utterance and action are quite rare but Amir al-mu'minin's action preceded his utterance, as he himself says:

O’ people I do not exhort you to any action but that I myself first proceeded towards it before you and do not desist you from any matter but that I first desist from it myself.

As soon as we think of a recluse and a pious man we visualize a face full of frowns because for piety severity of temper and hardness of face are inseparable so much so that the thought of a smile on the lips of a pious man is regarded as a sin. But despite extreme piety and self denial Amir al-mu'minin always had such appearance that his light temper and brightness of face was apparent from his looks and his lips always bore a playful smile.

He never showed frowns on his fore-head like the dry recluse, so much so that when people could not find any defect in him this very lightness of temper was taken to be his fault, while hard temper and bitter face was held to be a virtue.

If a man possesses a cheerful heart and joyous temper he cannot command authority over others; but Arnir al-mu'minin's cheerful face was so full of awe and dignity that no eye could face it. Once Mu'awiyah tauntingly said "May Allah bless 'Ali. He was a man of cheerful taste:' then Qays ibn Sa'd retorted.

"By Allah despite cheerful disposition and entertaining countenance he was more awe-inspiring than a hungry lion and this awe was due to his piety not like your awe over the non-descripts of Syria.”

Where there is rule and authority there is also a crowd of servants and workers, checks of grandeur and eminence with equipment of pageantry but Arnir al-rnu'minin's period of rule was an example of the highest simplicity. In him people saw only a tattered turban in place of a Royal Crown, patched apparel in place of the regal robes and the floor of earth in place of the ruler's throne.

He never liked grandeur and pageantry nor allowed show of external grandiosity. Once he was passing on a horse back when Harb ibn Shurahbil started walking with him and began talking. Then Arnie al-mu'minin said to him, "Get back because walking on foot with me by one like you is mischievous for the ruler (me) and an insult to the believer (you).”

In short he was such a versatile personality in whom numerous contradictory qualities had joined together and all the good attributes were centered in their full brightness as though his oneself was a collection of several selves and each self was an astounding portrait of achievement which showed forth the delineation of distinction in its untainted form, and on whose accomplishment one wonders with bewilderment.

About the Addressee, Malik Al-Ashtar

Amir al-mu'minin wrote this instrument for Malik ibn al-Harith al-Ashtar, when he was appointed the Governor of Egypt in 38 AH. Malik al-Ashtar was one of the chief companions of Amir al-mu'minin. He had shown great endurance and steadfastness and perfect confidence and trust in Amir al-mu'minin.

He had attained the utmost nearness and attachment to him by molding his conduct and character after the conduct and character of Amir al-mu’minin. This can be gauged by Arnir al-mu'minins words: “Malik was to me as I was to the Messenger of Allah." (Ibn Abi'l-Hadid, vol. 15, p. 98; al-A'lam, vol. 6, p. 131).

Malik al-Ashtar too, actuated by selfless feelings of service, took a very active part in military encounters and proved himself to be Amir al-mu'minin's arm in all battles and encounters. He showed such feats of courage and daring that his bravery was acknowledged throughout Arabia. Along with this bravery be was also conspicuous in endurance and forbearing.

In this connection, Warram ibn Abi Firas an-Nakha'i has written that once Malik was passing through the market of Kufah with the dress and turban made of gunny-cloth when a shopkeeper finding him in this condition and clothing, he threw some rotten leaves upon him, but he did not at all mind this dirty behavior, nor did he even look at him. Rather, he quietly stepped forward.

Then someone said to this shopkeeper, "Do you know to whom you have been so insolent?" He replied that he did not know who he was, whereupon he said that it was Malik al-Ashtar, the companion of Amir al-mu'minin. Hearing this, he lost his senses and at once ran behind him to seek pardon for this insolence and humiliating treatment. While in his search be reached a mosque where Malik was offering prayers.

When he finished the prayers this man went forward and fell on his feet and begged pardon with great pertinacity and weeping. Malik raised the man's beard up and said,"By Allah, I have come to the mosque to pray to Allah to forgive you. I myself had pardoned you that very moment, and I hope Allah too will pardon you." (Tanbihu l’khawatir wa nuzhatu 'n-nawazir, vol. 1, p.2; al-Bihar, vol. 42, p. 157).

This is the forgiveness and tolerance of a warrior at whose name courage trembled, and whose swordsmanship was acknowledged by the brave men of Arabia. And this is the real sign of bravery that a man should exercise self control during bitterness of anger and rage and endure hardships with patience and calmness. In this connection, Amir al-mu'minin' saying is that, "The bravest of men is he who over-powers his passions."

However, besides these characteristics and qualities, he had a perfect aptitude for organization and administration. Thus, when the 'Uthmani (aI-'Uthmaniyyah) party began to spread the germs of destruction in Egypt and tried to upset the law and order of the country by mischief and revolt then Amir al-mu'minin removed Muhammad ibn Abi Bakr from the governorship and decided to appoint Malik al-Ashtar in his place, although at that time he was posted as the Governor of Nasibin.

However, Amir al-mu'minin sent him word that he should name someone as his deputy and come to Ami al-mu'minin. On receipt of this order Malik al-Ashtar appointed Shabib ibn 'Amir al-Azid in his place and himself came to Amir al-mu'minin. Amir al-mu'minin gave him a warrant of appointment and sent him off to Egypt, and also sent a written order to Egyptians to obey him.

When Mu'awiyah got the news of Malik al-Ashtar's appointment through his spies he was perplexed because he had promised 'Amir ibn al-'As that he would give him the governorship of Egypt in reward of his services and he had hoped that 'Amir ibn al-'As would easily defeat Muharnmad ibn Abi Bakr and wrest the power from him, but could not imagine conquering Egypt by defeating Malik al-Ashtar, He therefore decided to do away with him before he took over the charge.

For this he arranged with a landlord of the city of al-'Arish (or al-Qulzum) that when Malik passed through al-' Arish on his way to Egypt he should kill him by some device or other and in reward for this the revenue of his estate would be written off. So, when Malik al-Ashtar reached al-'Arish with retinue and force the chief of al-'Arish gave him a good ovation and insisted on having Malik as his guest.

Malik agreed and stayed at his place. When he finished the meal the host gave him some syrup of honey to drink in which he had mixed poison. Soon after drinking it the poison began to show its effect and before the eyes of everyone this great warrior known for his swordsmanship and for putting the rows of the enemy to flight calmly went into the embrace of death.

When Mu'awiyah got news of his success of this device he was overjoyed and shouted in merriment, "Oh, honey is also an army of Allah”, and then said during a speech:

“Ali ibn Ahi Talib had two right hand men. One was chopped off on the day of Siffin and he was 'Ammar ibn Yasir, and the second has been severed now and he is Malik al-Ashtar.”

But when the news of Malik's assassination reached Amir al-mu'minin, he was highly grieved and sorrowful, and then he said:

“Malik! Who is Malik? If Malik was a stone, he was hard and solid; if he was a rock, he was a great rock which had no parallel. It seems his death has made me also lifeless. I swear by Allah that his death made the Syrians joyous and insulted the Iraqis.

Then he continued:

“Women have become barren to give birth to such as Malik.” (at-Tabari, vol. 1, pp. 3392-3395; Ibn al-Athir, vol.3, pp. 352-353; al-Ya'qubi, vol. 2, p. 194; al-Isti'ab, vol. 3, p. 1366; Ibn Abi'l-Hadid, vol. 6, pp. 74-77; Ibn Kathir, vol. 7, pp. 313-314; Abu 'I-Fida', vol. I, p. 179).

The Letter

Preamble

In the Name of Allah, the Compassionate, the Merciful

This is what Allah's servant 'Ali, Arnir al-mu'minin, has ordered Malik ibn al-Harith al-Ashtar in his instrument (of appointment) for him when he made him Governor of Egypt for the collection of its revenues, fighting against its enemies, seeking the good of its people and making its cities prosperous.

He has ordered him to fear Allah, to prefer obedience to Him, and to follow what He has commanded in His Book (Qur'an) out of His obligatory and elective commands, without following which one cannot achieve virtue, nor (can one) be evil save by opposing them and ignoring them, and to help Allah the Glorified, with his heart, hand and tongue, because Allah whose name is Sublime takes the responsibility for helping him who helps Him, and for protecting him who gives Him support.

He also orders him to break his heart off from passions, and to restrain it at the time of their increase, because the heart leads towards evil unless Allah has mercy.

The qualifications of a governor and his responsibilities

Then, know O' Malik that I have sent you to an area where there have been governments before you, both just as well as oppressive. People will now watch your dealings as you used to watch the dealings of the rulers before you, and they (people) will criticize you as you criticized them (rulers). Surely, the virtuous are known by the reputation that Allah circulates for them through the tongues of His creatures.

Therefore, the best collection with you should be the collection of good deeds. So, control your passions and check your heart from doing what is not lawful for you, because checking the heart means detaining it just half way between what it likes and dislikes.

Habituate your heart to mercy for the subjects and to affection and kindness for them. Do not stand over them like greedy beasts who feel it is enough to devour them, since they are of two kinds, either your brother in religion or one like you in creation. They will commit slips and encounter mistakes.

They may act wrongly, willfully or by neglect. So, extend to them your forgiveness and pardon, in the same way as you would like Allah to extend His forgiveness and pardon to you, because you are over them and your responsible Commander (Imam) is over you while Allah is over him who has appointed you. He (Allah) has sought you to manage their affairs and has tried you through them.

Do not set yourself to fight Allah because you have no power before His power and you cannot do without His pardon and mercy. Do not repent of forgiving or be merciful in punishing. Do not act hastily during anger if you can find way out of it. Do not say: "I have been given authority, I should be obeyed when I order," because it engenders confusion in the heart, weakens the religion and takes one near ruin.

If the authority in which you are placed produces pride or vanity in you then look at the greatness of the realm of Allah over you and His might the like of which might you do not even possess over yourself. This will curb your haughtiness, cure you of your high temper and bring back to you your wisdom which had gone away from you. "

Beware of comparing yourself to Allah in His greatness or likening yourself to Him in His power, for Allah humiliates every claimant of power and disgraces everyone who is haughty.

Do justice for Allah and do justice towards the people, as against yourse1f, your near ones and those of your subjects for whom you have a liking, because if you do not do so you will be oppressive, and when a person oppresses the creatures of Allah then, instead of His creatures, Allah becomes his opponent, and when Allah is the opponent of a person He tramples his plea; and he will remain in the position of being at war with Allah until he gives it up and repents.

Nothing is more inductive of the reversal of Allah's bounty or for the hastening of His retribution than continuance in oppression, because Allah hears the prayer of the oppressed and is on the lookout for the oppressors.

Ruling should be in favour of the people as a whole

The way most coveted by you should be that which is the most equitable for the right, the most universal by way of justice, and the most comprehensive with regard to the agreement among those under you, because the disagreement among the common people sweeps away the arguments of the chiefs while the disagreement among the chiefs can be disregarded when compared with the agreement of the common people.

No one among those under you is more burdensome to the ruler in the comfort of life, less helpful in distress, more disliking of equitable treatment, more tricky is asking favors, less thankfu1 at the time of giving, less appreciative of reasons at the time of refusal, and weaker in endurance at the time of the discomforts of life than the chiefs.

It is the common people of the community who are the pillars of the religion, the power of the Muslims and the defense against the enemies. Your leanings should therefore be towards them and your inclination with them.

The one among the people under you who is furthest from you and the worst of them in your view should be he who is the most inquisitive of the shortcomings of the people, because people do have shortcomings and the ruler is the most appropriate person to cover them. Do not disclose whatever of it is hidden from you because your obligation is to correct what is manifest to you, while Allah will deal with whatever is hidden from you.

Therefore, cover shortcomings so far as you can; Allah would cover those of your shortcomings which you would like to remain under cover from your subjects. Unfasten every knot of hatred in the people and cut away from yourself the cause of every enmity. Feign ignorance from what is not clear to you. Do not hasten to second a backbiter, because a backbiter is a cheat although he looks like those who wish well.

About Counsellors

Do not include among those you consult a miser who would keep you back from being generous and caution you against destitution, nor a coward who would make you feel too weak for your affairs, nor a greedy person who would make beautiful to you the collection of wealth by evil ways. This is because although miserliness, cowardice and greed are different qualities, yet they are common in having an incorrect idea about Allah.

The worst minister for you is he who has been a minister for mischievous persons before you, and who joined them in sins. Therefore, he should not be your chief man, because they are abettors of sinners and brothers of the oppressors. You can find good substitutes for them who will be like them in their views and influence, while not being like them in sins and vices. They have never assisted an oppressor in his oppression or a sinner in his sin.

They will give you the least trouble and the best support. They will be most considerate towards you and the least inclined towards others. Therefore, make them your chief companions in privacy as well as in public.

Then, more preferable among them for you should be those who openly speak better truths before you and who support you least in those of your actions which Allah does not approve in His friends, even though they may be according to your wishes. Associate yourself with God-fearing and truthful people; then educate them, so that they should not praise you or please you by reason of an action you did not perform, because an excess of praise produces pride and drives you near haughtiness.

The virtuous and the vicious should not be in equal position before you because this means dissuasion of the virtuous from virtue and persuasion of the vicious to vice. Keep everyone in the position which is his. You should know that the most conducive thing for the good impression of the ruler on his subjects is that he should extend good behavior towards them, lighten their hardships, and avoid putting them to unbearable troubles.

You should therefore, in this way follow a course by which you will leave a good impression with your subjects, because such good ideas will relieve you of great worries. Certainly, the most appropriate for good impression of you is he to whom your behavior has not been good.

Do not discontinue the good lives in which the earlier people of this community had been acting, by virtue of which there was general unity and through which the subjects prospered. Do not innovate any line of action which injures these earlier ways because (in that case) the rewards for those who had established those ways will continue, but the burden for discontinuing them will be on you.

Keep on increasing your conversations with the scholars and discussions with the wise to stabilize the prosperity of the areas under you, and to continue with that in which the earlier people had remained steadfast.

The different classes of people

Know that the people consist of classes who prosper only with the help of one another, and they are not independent of one another. Among them are the army of Allah, then the secretarial workers of the common people and the chiefs, then the dispensers of justice, then those engaged in law and order, then the payers of bead tax (jizyah) and land tax (kharaj) from the protected unbelievers and the common Muslims.

Then there are the traders and the men of industry and then the lowest class of the needy and the destitute. Allah has fixed the share of every one of them and laid down His precepts about the limits of each in His Book (Qur'an) and the sunnah of His Prophet by way of a settlement which is preserved with us.

Now the army is, by the will of Allah, the fortress of the subjects, the ornament of the ruler, the strength of the religion and the means of peace. The subjects cannot exist without them while the army can be maintained only by the funds fixed by Allah in the revenues, through which they acquire the strength to fight the enemies, on which they depend for their prosperity, and with which they meet their needs.

These two classes cannot exist without the third class namely the judges, the executives and the secretaries who pass judgments about contracts, collect revenues and are depended upon in special and general matters.

And these classes cannot exist except with the traders and men of industry, who provide necessities for them, establish markets and make it possible for others not to do all this with their own hands. Then is the lowest class of the needy and the destitute support of and help for whom is an obligation, and every one of them has (a share in) livelihood in the name of Allah. Every one of them has a right on the ruler according to what is needed for his prosperity.

The ruler cannot acquit himself of the obligations laid on him by Allah in this matter except by striving and seeking help from Allah and by training himself to adhere to the right and by enduring on that account all that is light or hard.

1. The Army

Put in command of your forces the man who in your view is the best well-wisher of Allah, His Prophet and your Imam. The chestiest of them in heart and the highest of them in endurance is he who is slow in getting enraged, accepts excuses, is kind to the weak and is strict with the strong; violence should not raise his temper and weakness should not keep him sitting.

Also associate with considerate people from high families, virtuous houses and decent traditions, then people of courage, valor, generosity and benevolence, because they are repositories of honor and springs of virtues. Strive for their matters as the parents strive for their child.

Do not regard anything that you do to strengthen them as big nor consider anything that you have agreed to do for them as little (so as to give it up), even though it may be small, because this will make them your well-wishers and create a good impression of you. Do not neglect to attend to their small matters, confining yourself to their important matters, because your small favors will also be of benefit to them while the important ones are such that they cannot ignore them.

That commander of the army should have such a position before you that he renders help to them equitably and spends from his money on them and on those of their families who remain behind so that all their worries converge on the one worry for fighting the enemy. Your kindnesses to them will tum their hearts to you.

The most pleasant thing for the rulers is the establishment of justice in their areas and the manifestation of the love of their subjects, but the subjects' love manifests itself only when their hearts are dean. Their good wishes prove correct only when they surround their commanders (to protect them). Do not regard their positions to be a burden over them and do not keep watching for the end of their tenure.

Therefore, be broad-minded in regard to their desires, continue praising them and recounting the good deeds of those who have shown such deeds, because the mention of good actions shakes the brave and rouses the weak, if Allah so wills.

Appreciate the performance of every one of them, do not attribute the performance of one to the other, and do not minimize the reward below the level of the performance. The high position of a man should not lead you to regard his small deeds as big, nor should the low position of a man make you regard his big deeds as small.

Refer to Allah and His Prophet the affairs which worry you and matters which appear confusing to you, because, addressing the people whom Allah the Sublime, wishes to guide, He said:

O' you who believe! Obey Allah and obey the Prophet and those vested with authority from among you; and then if you quarrel about anything refer it to Allah and the Prophet if you believe in Allah and in the Last Day (of Judgment) -(Qur'an, 4:59)

Referring to Allah means to act according to what is clear in His Book and referring to the Prophet means to follow his unanimously agreed sunnah in regard to which there are no differences.

2. The Chief Judge

For the settlement of disputes among people select him who is the most distinguished of your subjects in your view. The cases (coming before him) should not vex him, disputation should not enrage him, he should not insist on any wrong point, and should not grudge accepting the truth· when he perceives it; he should not lean towards greed and should not content himself with a cursory understanding (of a matter) without going thoroughly into it.

He should be most ready to stop (to ponder) on doubtful points, most regardful of arguments, least disgusted at the quarrel of litigants, most patient at probing into matters and most fearless at the time of passing judgment. Praise should not make him vain and elation should not make him lean (to any side). Such people are very few.

Then, very often check his decisions and allow him so much money (as remuneration) that he has no excuse worth hearing (for not being honest) and there remains no occasion for him to go to others for his needs.

Give him that rank in your audience for which no one else among your chiefs aspires, so that he remains safe from the harm of those around you. You should have a piercing eye in this matter because this religion has formerly been a prisoner in the hands of vicious persons when action was taken according to passion, and worldly wealth was sought.

3. Executive Officers

Thereafter, look into the affairs of your executives. Give them appointment after tests and do not appoint them according to partiality or favoritism, because these two things constitute sources of injustice and unfairness.

Select from among them those who are people of experience and modesty, hailing from virtuous houses, having been previously in Islam, because such persons possess high manners and untarnished honor. They are the least inclined towards greed and always base their eyes on the ends of matters.

Give them an abundant livelihood (by way of salary) because this gives them the strength to maintain themselves in order and not to have an eye upon the funds in their custody, and it would be an argument against them if they disobeyed your order or misappropriated your trust. You should also check their activities and have people who report on them who should be truthful and faithful, because your watching their actions secretly will urge them to preserve trust with and to be kind to the people.

Be careful of assistants. If any one of them extends his hands towards misappropriation and the reports of your reporters reaching you confirm it that should be regarded enough evidence. You should then inflict corporal punishment on him and recover what he has misappropriated you should put him in a place of disgrace, blacklist him with (the charge of) misappropriation and make him wear the necklace of shame for his offence.

4. The Administration of Revenues

Look after the revenue (kharaj or land tax) affairs in such a way that those engaged in it remain prosperous because in their prosperity lies the prosperity of all others. The others cannot prosper without them, because all people are dependent on revenue and its payers.

You should also keep an eye on the cultivation of the land more than on the collection of revenue because revenue cannot be had without cultivation and whoever asks for revenue without cultivation, ruins the area and brings death to the people. His rule will not last only a moment.

If they complain of the heaviness (of the revenue) or of diseases, or dearth of water, or excess of water or of a change in the condition of the land either due to flood or to drought, you should remit the revenue to the extent that you hope will improve their position.

The remission granted by you for the removal of distress "from them should not be grudged by you, because it is an investment which they will return to you in the shape of the prosperity of your country and the progress of your domain in addition to earning their praise and happiness for meting out justice to them.

You can depend upon their strength because of the investment made by you in them through catering for their convenience, and can have confidence in them because of the justice extended to them by being kind to them.

After that, circumstances may so turn that you may have to ask for their assistance, when they will hear it happily, for prosperity is capable of bearing what· ever you load on it. The ruin of the land is caused by the poverty of the cultivators, while the cu1tivators become poor when the officers concentrate on the collection (of money), having little hope for continuance (in their posts) and deriving no benefit from objects of warning.

5. The Clerical Establishment

Then you should take care of your secretarial workers. Put the best of them in charge of your affairs. Entrust those of your letters which contain your policies and secrets to him who possesses the best character, who is not elated by honors, lest he dares speak against you in common audiences.

He should also not be negligent in presenting the communications of your officers before you and issuing correct replies to them on your behalf and in matters of your receipts and payments. He should not make any damaging agreement on your behalf and should not fail in repudiating an agreement against you. He should not be ignorant of the extent of his own position in matters because he who is ignorant of his own position is (even) more ignorant of the position of others.

Your selection of these people should not be on the basis of your understanding (of them), confidence and your good impression, because people catch the ideas of the officers through affectation and personal service and there is nothing in it which is like well-wishing or trustfulness. You should rather test them by what they did under the virtuous people before you.

Take a decision in favor of one who has a good name among the common people and is the most renowned in trustworthiness, because this will be a proof of your regard for Allah and for him on whose behalf you have been appointed to this position (namely your Imam). Establish one Chief for every department of work.

He should not be incapable of big matters, and a rush of work should not perplex him. Whenever there is a defect in your secretaries which you overlook, then you will be held responsible for it.

Bearing Witness

Another issue in which the Qur’an and the Bible disagree is the issue of women bearing witness. It is true that the Qur’an has instructed the believers dealing in financial transactions to get two male witnesses or one male and two females:

“…and call in to witness from among your men two witnesses; but if there are not two men, then one man and two women from among those whom you choose to be witnesses, so that if one of the two errs, the second of the two may remind the other…” (2:282).

However, it is also true that the Qur’an in other situations accepts the testimony of a woman as equal to that of a man. Infact the woman's testimony can even invalidate the man's.

If a man accuses his wife ofunchastity , heis required by the Qur’an to solemnly swear five times as evidence of the wife's guilt. If the wife denies and swears similarly five times, she is not considered guilty and in eithercase the marriage is dissolved:

“And (as for) those who accuse their wives and have no witnesses except themselves, the evidence of one of these (should be taken) four times, bearing Allah to witness that he is most surely of the truthful ones.And the fifth (time) that the curse of Allah be on him if he is one of the liars. And it shall avert the chastisement from her if she testify four times, bearing Allah to witness that he is most surely one of the liars; And the fifth (time) that the wrath of Allah be on her if he is one of the truthful.And were it not for Allah's grace upon you and His mercy-- and that Allah is Oft-returning (to mercy), Wise!Surely they who concocted the lie are a party from among you. Do not regard it an evil to you; nay, it is good for you. Every man of them shall have what he has earned of sin; and (as for) him who took upon himself the main part thereof, he shall have a grievous chastisement.” (24:6-11)

On the other hand, women were not allowed to bear witness in early Jewish society.1 The Rabbis counted women's not being able to bear witness among the nine curses inflicted upon all women because of the Fall (see the “Eve's Legacy” section). Women in today's Israel are not allowed to give evidence inRabbinical courts2 . The Rabbis justify why women cannot bear witness by citing Genesis 18:9-16, where itis stated that Sara, Abraham's wife had lied.

“Where is your wife Sarah?” they asked him. “There in the tent,” he replied. One of them said, “I will surely return to you about this time next year, and Sarah will then have a son.” Sarah was listening at the entrance of the tent, just behind him. Now Abraham and Sarah were old, advanced in years, and Sarah had stopped having her womanly periods. So Sarah laughed to herself and said, “Now that I am so withered and my husband is so old, am I still to have sexual pleasure?”But the LORD said to Abraham: “Why did Sarah laugh and say, 'Shall I really bear a child, old as I am?' Is anything too marvelous for the LORD to do? At the appointed time, about this time next year, I will return to you, and Sarah will have a son.” Because she was afraid, Sarah dissembled, saying, “I didn't laugh.”But he said, “Yes you did.”“

The Rabbis use this incident as evidence that women are unqualified to bear witness. It should be noted here that this story narrated in Genesis 18:9-16 has been mentioned more than once in the Qur’an without any hint of lies by Sara :

“And certainlyOur messengers came to Ibrahim with good news. Theysaid: Peace. Peace, said he, and he made no delay in bringing a roasted calf.But when he saw that their hands were not extended towards it, he deemed them strange and conceived fear of them. Theysaid: Fear not, surely we are sent toLut's people.And his wife was standing (by), so she laughed, then We gave her the good news ofIshaq and afterIshaq of (a son's son)Yaqoub . Shesaid: O wonder!shall I bear a son when I am an extremely old woman and this my husband an extremely old man? Mostsurely this is a wonderful thing. Theysaid: Do you wonder at Allah's bidding? The mercy of Allah and His blessings are on you, O people of the house, surely He is Praised, Glorious. So when fear had gone away from Ibrahim and good news came to him, he began to plead withUs forLut's people”. (11:69-74)

“Has there come to you information about the honored guests of Ibrahim? When they entered upon him, theysaid: Peace. Peace, said he, a strange people. Then he turned aside to his family secretly and brought a fat (roasted) calf, so he brought it near them. Hesaid: What! Will you not eat?So he conceived in his mind a fear on account of them. Theysaid: Fear not.And they gave him the good news of a boy possessing knowledge. Then his wife came up in great grief, and she struck her face andsaid: An old barren woman! They said: Thus says your Lord: Surely He is the Wise, the Knowing.” (51:24-30).

In the Christian West, both ecclesiastical and civil law debarred women from giving testimony until late last century3 .

If a man accuses his wife ofunchastity , her testimonywill not be considered at all according to the Bible. The accused wife has tobe subjected to a trial by ordeal. In this trial, the wife faces a complex and humiliatingritual which was supposed to prove her guilt or innocence:

The LORD said to Moses, “Speak to the Israelites and tell them: If a man's wife goes astray and becomes unfaithful to him by having intercourse with another man, though her husband has not sufficient evidence of the fact, so that her impurity remains unproved for lack of a witness who might have caught her in the act; or if a man is overcome by a feeling of jealousy that makes him suspect his wife, whether she was actually impure or not: he shall bring his wife to the priest and shall take along as an offering for her a tenth of anephah of barley meal. However, he shall not pour oil on it nor put frankincense over it, since it is a cereal offering of jealousy, a cereal offering for an appeal in a question of guilt. “The priest shall first have the woman come forward and stand before the LORD. In an earthenvessel he shall meanwhile put some holy water, as well as some dust that he has taken from the floor of the Dwelling. Then, as the woman stands before the LORD, the priest shall uncover her head and place in her hands the cereal offering of her appeal, that is, the cereal offering of jealousy, while he himself shall hold the bitter water that brings a curse. Then he shall adjure the woman, saying to her, 'If no other man has had intercourse with you, and you have not gone astray by impurity while under the authority of your husband, be immune to the curse brought by this bitter water.But if you have gone astray while under the authority of your husband and have acted impurely by letting a man other than your husband have intercourse with you'-- so shall the priest adjure the woman with this oath of imprecation--'may the LORD make you an example of malediction and imprecation among your people by causing your thighs to waste away and your belly to swell! May this water, then, that brings a curse,enter your body to make your belly swell and your thighs waste away!'And the woman shall say, 'Amen, amen!' The priest shall put these imprecations in writing and shall then wash them off into the bitter water, which he is to have the woman drink, so that it may go into her withall its bitter curse.But first he shall take the cereal offering of jealousy from the woman's hand, and having waved this offering before the LORD, shall put it near the altar, where he shall take a handful of the cereal offering as its token offering and burn it on the altar. Only then shall he have the woman drink the water. Once she has done so, if she has been impure and unfaithful to her husband,this bitter water that brings a curse will go into her, and her belly will swell and her thighs will waste away, so that she will become an example of imprecation among her people.If, however, the woman has not defiled herself, but is still pure, she will be immune and will still be able to bear children. “This, then, is the law for jealousy: When a woman goes astray while under the authority of her husband and actsimpurely, or when such a feeling of jealousy comes over a man that he becomes suspicious of his wife, he shall have her stand before the LORD, and the priest shall apply this law in full to her. The man shall be free from guilt, but the woman shall bear such guilt as she may have.” (Num. 5:11-31)

If sheis found guilty after this ordeal, she will be sentenced to death. If sheis found not guilty, her husband will be innocent of any wrongdoing.

Besides, if a man takes a woman as a wife and then accuses her of not being a virgin, her own testimony will not count. Her parents had to bring evidence of her virginity before the elders of the town. If the parents could not prove the innocence of their daughter, she would be stoned to death on her father's doorsteps. If the parents were able to prove her innocence, the husbandwould only be fined one hundred shekels of silver and he could not divorce his wife as long as he lived:

“If a man takes a wife and, after lying with her, dislikes her and slanders her and gives her a bad name, saying, 'I married this woman, but when I approached her, I did not find proof of her virginity,' then the girl's father and mother shall bring proof that she was a virgin to the town elders at the gate. The girl's father will say to the elders, 'I gave my daughter in marriage to this man, but he dislikes her. Now he has slandered her and saidI did not find your daughter to be a virgin. But here is the proof of my daughter's virginity.' Then her parents shall display the cloth before the elders of the town, and the elders shall take the man and punish him. They shall fine him a hundred shekels of silver and give them to the girl's father, because this man has given an Israelite virgin a bad name. She shall continue to be his wife; he must not divorce her as long as he lives. If, however, the charge is true and no proof of the girl's virginitycan be found , she shall be brought to the door of her father's house and there the men of the town shall stone her to death. She has done a disgraceful thing in Israel by being promiscuous while still in her father's house. You must purge the evil from among you.” (Deuteronomy 22:13-21)

Notes

1.Swinder , op. cit., p. 115.

2. Lesley Hazelton, Israeli Women. The RealityBehind the Myths. (New York: Simon and Schuster, 1977), p. 41.

3. Matilda J. Gage, Woman,Church and State (New York: Truth Seeker Company, 1983) p. 142.

Adultery

Adulteryis considered a sin in all religions.

The Bible decrees the death sentence for both the adulterer and theadulteress :

“If a man commits adultery with hisneighbour's wife, both the adulterer and the adulteress shall be put to death.” (Lev. 20:10)

Islam also equally punishes both the adulterer and theadulteress :

“(As for) thefornicatress and the fornicator, flog each of them, (giving) a hundred stripes, and let not pity for them detain you in the matter of obedience to Allah, if you believe in Allah and the last day, and let a party of believers witness their chastisement.” (24:2)

However, theQur’anic definition of adultery is very different from the Biblical definition. Adultery, according to the Qur’an, is the involvement of a married man or a married woman in an extramarital affair. The Bible only considers the extramarital affair of a married woman as adultery.

“If a man is found sleeping with another man's wife, both the man who slept with her and the woman must die. You must purge the evil from Israel” (Deuteronomy 22:22)

“If a man commits adultery with another man's wife both the adulterer and the adulteress must be put to death.” (Leviticus 20:10)

“To keep you from yourneighbour's wife, from the smooth tongue of the adulteress. Lust not in your heart after herbeauty, let her not captivate you with her glance! For the price of a loose woman may be scarcely a loaf of bread, But if she is married, she is a trap for your precious life. Can a man take fire to his bosom, and his garments not burned?Or can a man walk on live coals, and his feet not be scorched? So with him who goes in to hisneighbour's wife-- none who touches her shall go unpunished.” (Proverbs, 6:24-:29)

According to the Biblical definition, if a married man sleeps with an unmarried woman, thisis not considered a crime at all. The married man who has extramarital affairs with unmarried women is not an adulterer and the unmarried women involved with him are notadulteresses . The crime of adultery is committed only when a man, whether married or single, sleeps with a married woman. In thiscase the man is considered adulterer, even if he is not married, and the woman is considered adulteress. In short, adultery is any illicit sexual intercourse involving a married woman. The extramarital affair of a married man is not per se a crime in the Bible.

Why is the dual moral standard? According toEncyclopaedia Judaica , the wife was consideredto be the husband's possession and adultery constituted a violation of the husband's exclusive right to her; the wife as the husband's possession had no such right to him.1

That is, if a man had sexual intercourse with a married woman, he would be violating the property of another man and, thus, heshould be punished . To the present day in Israel, if a married man indulges in an extramarital affair with an unmarried woman, his children by that womanare considered legitimate.But , if a married woman has an affair with another man, whether married or not married, her children by that man are not only illegitimate but they are considered bastards and are forbidden to marry any other Jews except converts and other bastards. This banis handed down to the children's descendants for ten generations until the taint of adultery is presumably weakened.2

The Qur’an, on the other hand, never considers any woman to be the possession of any man. The Qur’an eloquently describes the relationship between the spouses by saying:

“And among His signs is that He created for you mates from among yourselves, that you may dwell intranquillity with them and He has put love and mercy between your hearts: verily in that are signs for those who reflect.” (30:21)

This is theQur’anic conception of marriage: love, mercy, andtranquillity , not possession and double standards.

Notes

1. Jeffrey H.Togay , “Adultery”, Encyclopaedia Judaica , Vol. II, col. 313.Also see JudithLaskow , Standing Again at Sinai: Judaism from a Feminist Perspective (New York: Harper & Row Publishers, 1990) pp. 170-177.

2.Swidler , op. cit. p. 141.

Vows

According to the Bible, a man mustfulfil any vows he might make to God. He must not break his word. On the other hand, a woman's vow is not necessarily binding on her. It has tobe approved by her father, if she is living in his house, or by her husband, if she is married. If a father/husband does not endorse his daughter's/wife's vows, all pledges made by her becomenull and void :

“But if her father forbids her when he hears about it, none of her vows or the pledges by which she obligated herself willstand .... Her husband may confirm or nullify any vow she makes or any sworn pledge to deny herself.” (Num. 30:2-15)

Why is it that a woman's word is not binding per se? The answer is simple: becauseshe is owned by her father, before marriage, or by her husband after marriage. The father's control over his daughter was absolute to the extent that, should he wish, he could sell her! It is indicated in the writings of the Rabbis that: “The man may sell his daughter, but the woman may not sell her daughter; the man may betroth his daughter, but the woman may not betroth her daughter.” 1

The Rabbinic literature also indicates that marriage represents the transfer of control from the father to the husband: “betrothal, making a woman the sacrosanct possession -- the inviolable property -- of the husband...” Obviously, if the woman is consideredto be the property of someone else, she cannot make any pledges that her owner does not approve of.

It is of interest to note that this Biblical instruction concerning women's vows has had negative repercussions onJudaeo -Christian womentill early in this century. A married woman in the Western world had no legal status. No act of hers was of any legal value. Her husband could repudiate any contract, bargain, or deal she had made. Women in the West (the largest heir of theJudaeo -Christian legacy)were held unable to make a binding contract because they were practically owned by someone else. Western women had suffered for almost two thousand years because of the Biblical attitude towards women's position vis-à-vis their fathers and husbands.2

In Islam, the vow of every Muslim, male or female, is binding on him/her. No one has the power to repudiate the pledges of anyone else. Failure to keep a solemn oath, made by a man or a woman, has tobe expiated as indicated in the Qur’an:

“He [God] will call you to account for your deliberate oaths: for expiation, feed ten indigent persons, on a scale of the average for the food of your families; or clothe them; or give a slave his freedom. If that is beyond your means, fast for three days.That is the expiation for the oaths you have sworn. But keep your oaths.” (5:89)

Companions of the Prophet Muhammad (S), men and women, used to present their oath of allegiance to him personally. Women, as well as men, would independently come to him and pledge their oaths:

“O Prophet! When believing women come to you to make a covenant with you that they will not associate in worship anything with God, nor steal, nor fornicate, nor kill their own children, nor slander anyone, nor disobey you in any just matter, then make a covenant with them and pray to God for the forgiveness of their sins. Indeed God isForgiving and most Merciful.” (60:12)

A man could not swear the oath on behalf of his daughter or his wife. Nor could a man repudiate the oath made by any of his female relatives.

Notes

1.Swidler , op. cit. p. 141.

2. Gage, op. cit., p.141

Wife's Property

The Jewish tradition regarding the husband’s role towards his wife stems from the conception that he owns her as he owns his slave.1

This conception has been the reason behind the double standard in the laws of adultery and behind the husband’s ability to annul his wife’s vows. This conception has also been responsible for denying the wife any control over her property or her earnings. As soon as a Jewish woman got married, she completely lost any control over her property and earnings to her husband. Jewish Rabbis asserted the husband’s right to his wife’s property as a corollary of his possession of her: “Since one has come into the possession of the woman does it not follow that he should come into the possession of her property too?”, and “Since he has acquired the woman should he not acquire also her property?” 2

Thus, marriage caused the richest woman to become practically penniless. The Talmud describes the financial situation of a wife as follows:

“How can a woman have anything; whatever is hers belongs to her husband? What is his is his and what is hersis also his... Her earnings, and what she may find in the streets, are also his. The household articles, even the crumbs of bread on the table, are his. Should she invite a guest to her house and feed him, she would be stealing from her husband...”

(San. 71a,Git . 62a)

The fact of the matter is that the property of a Jewish femalewas meant to attract suitors. A Jewish family would assign their daughter a share of her father’s estate tobe used as a dowry in case of marriage.It was this dowry that made Jewish daughters an unwelcomed burden to their fathers. The father had to raise his daughter for years and then prepare for her marriage by providing a large dowry. Thus, a girl in a Jewish family was a liability and no asset.3

This liability explains why the birth of a daughterwas not celebrated with joy in the old Jewish society (see the “Shameful Daughters” section). The dowry was the wedding gift presented to the groom under terms of tenancy. The husband would act as the practical owner of the dowry but he could not sell it. The bride would lose any control over the dowryat the moment of marriage. Moreover, she was expected to work after marriage and all her earnings had to go to her husband in return for hermaintenance which was his obligation. She could regain her property only in two cases: divorce or her husband’s death. Should she die first, he would inherit her property. In the case of the husband’s death, the wife could regain her pre-marital property but she was not entitled to inherit any share in her deceased husband’s own property. It has to be added that the groom also had to present a marriage gift to hisbride, yet again he was the practical owner of this gift as long as they were married.4

Christianity, until recently, has followed the same Jewish tradition. Both religious and civil authorities in the Christian Roman Empire (after Constantine) required a property agreement as a condition for recognizing the marriage. Families offered their daughters increasing dowries and, as a result, men tended to marry earlier while families postponed their daughters’ marriages until later than had been customary.5

Under Canon law, a wife was entitled to restitution of her dowry if the marriagewas annulled unless she was guilty of adultery. In this case, she forfeited her right to thedowry which remained in her husband’s hands.6

Under Canon and civillaw a married woman in Christian Europe and America had lost her property rights until late nineteenth and early twentiethcenturies . For example, women’s rights under English lawwere compiled and published in 1632 . These ‘rights’ included: “That which the husband hath is his own. That which the wife hath is the husband’s.” 7

The wife not only lost her property upon marriage, she lost her personality as well. No act of her was of legal value. Her husband could repudiate any sale or gift made by her as being of no binding legal value. The person with whom she had any contractwas held as a criminal for participating in a fraud. Moreover, she could not sue orbe sued in her own name, nor could she sue her own husband.8

A married womanwas practically treated as an infant in the eyes of the law. The wife simply belonged to her husband and therefore she lost her property, her legal personality, and her family name.9

Islam, since the seventh century C.E., has granted married women the independentpersonality which theJudaeo -Christian West had deprived them until very recently. In Islam, the bride and her family are under no obligation whatsoever to present a gift to the groom. The girl in a Muslim family is no liability.

A womanis so dignified by Islam that she does not need to present gifts in order to attract potential husbands.It is the groom who must present the bride with a marriage gift. This giftis considered her property and neither the groom nor the bride’s family have any share in or control over it. In some Muslim societies today, a marriage gift of a hundred thousand dollars in diamonds is not unusual.10

The bride retains her marriage gifts even if she is later divorced. The husbandis not allowed any share in his wife’s property except what she offers him with her free consent.11

The Qur’an has stated its position on this issue quite clearly:

“And give the women (on marriage) their dower as a free gift; but if they, of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer.” (4:4)

The wife’s property and earnings are under her full control and for her use alone since her, and the children’s, maintenance is her husband’s responsibility.12

No matter how rich the wife might be, she is not obliged to act as a co-provider for the family unless she herself voluntarily chooses to do so. Spouses do inherit from one another. Moreover, a married woman in Islam retains her independent legal personality and her family name.13

An American judge once commented on the rights of Muslim womensaying: “A Muslim girl may marry ten times, but her individuality is not absorbed by that of her various husbands. She is a solar planet with a name and legal personality of her own.” 14

The three religions share an unshakeable belief in the importance of marriage and family life. They also agree on the leadership of the husband over the family. Nevertheless, blatant differences do exist among the three religions with respect to the limits of this leadership. TheJudaeo -Christian tradition, unlike Islam, virtually extends the leadership of the husband into ownership of his wife.

Notes

1. Louis M. Epstein,The Jewish Marriage Contract (New York: Arno Press, 1973) p. 149.

2.Swidler , op. cit., p. 142.

3. Epstein, op. cit., pp. 164-165.

4. Ibid., pp. 112-113. See alsoPriesand , op. cit., p. 15.

5. James A.Brundage , Law, Sex, and Christian Society in Medieval Europe (Chicago: University of Chicago Press, 1987) p. 88.

6. Ibid., p. 480.

7. R. Thompson, Women in Stuart England and America (London:Routledge &Kegan Paul, 1974) p. 162.

8. Mary Murray,The Law of the Father (London:Routledge , 1995) p. 67.

9. Gage, op. cit., p. 143.

10. For example, see Jeffrey Lang, Struggling to Surrender, (Beltsville, MD: Amana Publications, 1994) p. 167.

11.Elsayyed Sabiq ,Fiqh alSunnah (Cairo:Darul Fatahlile’lam Al-Arabi , 11th edition, 1994), vol. 2, pp. 218-229.

12. Abdel-Haleem AbuShuqqa ,Tahreer alMar’aa fi Asr alRisala (Kuwait: Dar alQalam , 1990) pp. 109-112.

13. LeilaBadawi , “Islam”, in Jean Holm and JohnBowker , ed., Women in Religion (London: Pinter Publishers, 1994) p. 102.

14. Amir H.Siddiqi , Studies in Islamic History (Karachi:Jamiyatul Falah Publications, 3rd edition, 1967) p. 138.

Divorce

The three religions have remarkable differences in their attitudes towards divorce. Christianity abhors divorce altogether. The New Testament unequivocally advocates the indissolubility of marriage. Itis attributed to Jesus to have said,

“But I tell you that anyone who divorces his wife, except for marital unfaithfulness, causes her to become adulteress, and anyone who marries the divorced woman commits adultery.” (Matthew 5:32)

This uncompromising ideal is, without a doubt, unrealistic. It assumes a state of moral perfection that human societies have never achieved. When a couple realizes that their married life is beyond repair, a ban on divorce will not do them any good. Forcing ill-mated couples to remain together against their wills is neither effective nor reasonable. No wonder thewhole Christian world has been obliged to sanction divorce.

Judaism, on the other hand, allows divorce even without any cause. The Old Testament gives the husband the right to divorce his wife even if he just dislikes her:

“If a man marries a woman who becomes displeasing to him because he finds something indecent about her, and he writes her a certificate of divorce, gives it to her and sends her from his house, and if after she leaves his house she becomes the wife of another man, and her second husband dislikes her and writes her a certificate of divorce, gives it to her and sends her from his house, or if he dies, then her first husband, who divorced her, is not allowed to marry her again after she has been defiled.”(Deut. 24:1-4)

The above verses have caused considerable debate among Jewish scholars because of their disagreement over the interpretation of the words “displeasing”, “indecency”, and “dislikes” mentioned in the verses. The Talmud records their different opinions:

“The school ofShammai held that a man should not divorce his wife unless he has found her guilty of some sexual misconduct, while the school of Hillelsay he may divorce her even if she has merely spoiled a dish for him. RabbiAkiba says he may divorce her even if he simply finds another woman more beautiful than she.” (Gittin 90 a-b)

The New Testament follows theShammaites opinion while Jewish law has followed the opinion of theHillelites and R. Akiba1 . Since theHillelites view prevailed, it became the unbroken tradition of Jewish law to give the husband freedom to divorce his wife without any cause at all. The Old Testament not only gives the husband the right to divorce his “displeasing” wife, it considers divorcing a “bad wife” an obligation:

“A bad wife brings humiliation, downcast looks, and a wounded heart. Slack of hand and weak of knee is the man whose wife fails to make him happy. Woman is the origin of sin, and it is through her that we all die. Do not leave a leaky cistern to drip or allow a bad wife to say what she likes. If she does not accept your control, divorce her and send her away.” (Ecclesiasticus 25:25)

The Talmud has recorded several specific actions bywives which obliged their husbands to divorce them:

“If she ate in the street, if she drank greedily in the street, if she suckled in the street, in every case Rabbi Meir says that she must leave her husband”(Git . 89a)

The Talmud has also made it mandatory to divorce a barren wife (who bore no children in a period of ten years):

“Our Rabbis taught: If a man took a wife and lived with her for ten years and she bore no child, he shall divorce her” (Yeb . 64a)

Wives, on the other hand, cannot initiate divorce under Jewish law. A Jewish wife, however, could claim the right to a divorce before a Jewish courtprovided that a strong reason exists. Very few groundsare provided for the wife to make a claim for a divorce. These groundsinclude: A husband with physical defects or skin disease, a husband not fulfilling his conjugal responsibilities, etc. The Court might support the wife’s claim to a divorce but it cannot dissolve the marriage.

Only the husband can dissolve the marriage by giving his wife a bill of divorce. The Court could scourge, fine, imprison, and excommunicate him to force him to deliver the necessary bill of divorce to his wife. However, if the husband is stubborn enough, he can refuse to grant his wife a divorce and keep her tied to him indefinitely. Worse still, he can desert her without granting her a divorce and leave her unmarried andundivorced . He can marry another woman or even live with any single woman out of wedlock and have children from her (these childrenare considered legitimate under Jewish law).

The deserted wife, on the other hand, cannot marry any other man since she is still legally married and she cannot live with any other man because she will be considered anadulteress and her children from this union will be illegitimate for ten generations. A woman in such a position is called anagunah (chained woman).2

In the United States today there are approximately 1000 to 1500 Jewish women who areagunot (plural foragunah ), while in Israel their number might be as high as 16000. Husbands may extort thousands of dollars from their trapped wives in exchange for a Jewish divorce.3

Islam occupies the middle ground between Christianity and Judaism with respect to divorce. Marriage in Islam is a sanctified bond that should not be broken except for compelling reasons. Couplesare instructed to pursue all possible remedies whenever their marriages are in danger. Divorce is not to be resorted to except when there is no other way out.In a nutshell , Islam recognizes divorce, yet it discourages it by all means.

Let us focus on the recognition side first. Islam does recognize the right of both partners to end their matrimonial relationship. Islam gives the husband the right forTalaq (divorce). Moreover, Islam, unlike Judaism, grants the wife the right to dissolve the marriage through what is known as Khula’.4

If the husband dissolves the marriage by divorcing his wife, he cannot retrieve any of the marriage gifts he has given her. The Qur’an explicitly prohibits the divorcing husbands from taking back their marriage gifts no matter how expensive or valuable these gifts might be:

“But if you decide to take one wife in place of another, even if you had given the latter a whole treasure for dower, take not the least bit of it back; would you take it by slander and a manifest wrong?” (4:20)

In the case of the wife choosing to end the marriage, she may return the marriage gifts to her husband. Returning the marriage gifts in this case is a fair compensation for the husband who is keen to keep his wife while she chooses to leave him. The Qur’an has instructed Muslim men not to take back any of the gifts they have given to their wives except in the case of the wife choosing to dissolve the marriage:

“It is not lawful for you (Men) to take back any of your gifts except when both parties fear that they would be unable to keep the limits ordained by Allah. There is no blame on either of them if she gives something for her freedom. These are the limits ordained by Allah so do not transgress them.” (2:229)

Let us now focus our attention on how Islam discourages divorce. The Prophet of Islam told the believers that:

“Among all the permitted acts, divorce is the most hateful to God” (AbuDawood )

A Muslim man should not divorce his wife just because he dislikes her. The Qur’an instructs Muslim men to be kind to their wives even in cases of lukewarm emotions or feelings of dislike:

“Live with them (your wives) on a footing of kindness and equity. If you dislike them it may be that you dislike something in which Allah has placed a great deal of good.” (4:19)

The Prophet has also emphasized that the best Muslims are those who are best to their wives:

“The believers who show the most perfect faith are those who have the best character and the best of you are those who are best to their wives.” (Tirmidhi )

However, Islam is a practical religion and it does recognize that there are circumstances in which a marriage comes to the verge of collapsing. In such cases, a mere advice of kindness orself restraint is no viable solution.So, what to do in order to save a marriage in these cases?

The Qur’an offers some practical advice for the spouse (husband or wife) whose partner (wife or husband) is the wrongdoer. For the husband whosewife’s ill-conduct is threatening the marriage, the Qur’an gives four types of advice as detailed in the following verses:

“As to those women on whose part you fear disloyalty and ill-conduct,

(1) Admonish them,

(2) refuse to share their beds,

(3)beat them; but if they return to obedience seek not against them means of annoyance: For Allah is Most High, Great.

(4) If you fear a break between them, appoint two arbiters, one from his family and the other from hers;If they wish for peace, Allah will cause their reconciliation.”

(4:34-35)

The first three are tobe tried first. If they fail, then the help of the families concernedshould be sought . It has tobe noted , in the light of the above verses, that beating the rebellious wife is a temporary measure that is resorted to as third in line in cases of extreme necessity in hopes that it might remedy the wrongdoing of the wife.5

If it does, the husbandis not allowed by any means to continue any annoyance to the wife as explicitly mentioned in the verse. If it does not, the husbandis still not allowed to use this measure any longer and the final avenue of the family-assisted reconciliation has to be explored.

Prophet Muhammad (S) has instructed Muslim husbands that they should not have recourse to these measures except in extreme cases such as open lewdness committed by the wife.

It has tobe noted that the Talmud sanctions wife beating as chastisement for the purpose of discipline.6

The husband is not restricted to the extreme cases such as those of open lewdness. He is allowed to beat his wife even if she just refuses to do herhouse work . Moreover, he is not limited only to the use of light punishment. Heis permitted to break his wife’s stubbornness by the lash or by starving her.7

For the wife whosehusband’s ill-conduct is the cause for the marriage’s near collapse, the Qur’an offers the following advice:

“If a wife fears cruelty or desertion on her husband’s part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best.” (4:128)

Notes

1. Epstein, op. cit., p. 196

2.Swidler , op. cit., pp. 162-163.

3. The Toronto Star, Apr. 8, 1995.

4.Sabiq , op. cit., pp. 318-329. See also Muhammad alGhazali ,Qadaya alMar’aa bin alTaqaleed alRakida wal Wafida (Cairo: Dar alShorooq , 4th edition, 1992) pp. 178-180.

5. There is a strict limit to this. Refer to books of jurisprudence for further details.

6. Epstein, op. cit., p. 219.

7. Ibid, pp 156-157.