Alhassanain(p) Network for Heritage and Islamic Thought

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Defending the Woman's Rights

Author: Mohammad Hakimi

www.alhassanain.org/english

Notice:

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

The composing errors are not corrected.

Table of Contents

Preface 5

Chapter One: Woman's Creation 9

Chapter Two: Woman's Perfection 11

Chapter Three: Woman's Reason 12

Chapter Four: Woman's Social Status 15

Chapter Five: Woman; the Family Axis 20

Chapter Six: Violence against Woman 23

Chapter Seven: Differential Psychology 28

Boy and girl's Growth 29

Physical Power and Strength 29

Genital Glands 30

The Emotional Aspect 31

Resistance against Diseases 32

Mental Aspect 32

The Cognitive Capabilities 34

Social Behavior 34

Chapter Eight: Greatest Pleasures 35

Chapter Nine: Woman's Mission 37

Chapter Ten: Consultation with Woman 39

Chapter Eleven: Superiority 41

Chapter Twelve: Additional Advocacy 46

Equality between children 46

Woman and the Position of Motherhood 46

The Last Will 49

The Cause of Blessing 49

Better than Jihad 49

Gabriel and Women 50

The Criterion of Preference 50

The Great Reward 50

Women's Artistic Feelings 50

Love of Women and its Position in Faith 51

A Half of the Martyrs' Reward 52

Note from the Translator 54

Notes 55

Preface

Different schools' theories on the issue of 'woman' are not devoid of extremes, just as other human intellectual achievements are. Though some facts have been found, the overall attempt of scholars in this respect has gone to extremes. Thus, the subject of woman should be reconsidered deeply.

The subject of woman, as a body in the human society, can be studied as deeply as human being deserves to be appreciated. Any analysis of woman's life, regardless of her vocation and gender, would in fact be the analysis of the human life. The appreciating of woman and acknowledging her status and position is actually the knowing of the human being and acknowledging the human dignity.

It is doubtless that knowing oneself, one's society and position is essential for knowing other things. Hence, as the first step in getting information, human being should explore his own ego to acquire a relative knowledge of his infinite essence. Therefore, studying woman, as a part of the human society, is a step toward the knowing of humanity in general.

Among the extremist ideas about woman is a theory that tries to deny femininity of woman, separate her from her own original essence, and reject her undeniable inborn characteristics. The opponents of this theory deny a being,who is liked by the opposite sex, who can be a wife, and fulfill certain needs; or a being who can become a mother, give birth to another being, and help continue human race. They deny the existence of a being that can be the family axis, and soothe the stormy ocean of human society, like a calm beach. To them, the characteristics of wifehood, motherhood, the forming of a family and the educating of generations are incongruent with woman's personality.

These ideas are held by some western thinkers who try to free woman from pregnancy and motherhood. They recommend that babies be made by artificial wombs via artificial fertilization. They also support the tendency to the same gender in sexual relationships, so that the traditional familybe removed.

Such theories are reactions to the limitations and oppressions imposed upon women due to the male enjoyments. However, this reactionary view cannot be true, because it is in fact accepting female deficiency. Nothing is more contemptuous for a woman than belittling her creation. This viewpoint also ignores Woman's natural necessities, such as delivery and its physical and mental effects, motherhood, wifehood, training of children in the family, and many other physical and psychological factors that exist in woman's life and necessitates certain conditions for her.

The necessities of woman's creation have been introduced by the heavenly religions, and especially Islam. Human knowledge and experience has also proved them. Thus, the ignoring of woman's specific characteristics is really denying the undeniable scientific findings.

It has scientifically been proved that motherhood is a necessity for women's body and mind. Psychologically, motherhood is the most enjoyable experience of a woman, which makes her life meaningful. Motherhood love is the origin of other kinds of love. Therefore, depriving woman of this love means the denying of a part of her existence.

It has also been demonstrated that children who have not grown by their mothers lack self-esteem and are not efficient enough in the society. Moreover, their economic capability decreases. Another finding of scientific research is the constructive effects of family life on men, women and children, thatis why the efforts of modernism for annihilating the traditional family structure have been in vein, facing terrible social consequences. So, postmodernism hastily turned to the traditional family, considering it as the solution for reorganizing the human societies.

In general, the theory that resembles woman to man deprives woman of her original character and true value; that is as an improver of human being.

The holy Quran states:

“I will not waste the work of a worker among you; whether male or female, the one of you being from the other ...” 1

“Surely the men who submit and the women who submit, and the believing men and the believing women, and the obeying men and the obeying women, and the truthful men and the truthful women, and the patient men and the patient women, and the humble men and the humble women, and the almsgiving men and the almsgiving women, and the fasting men and the fasting women, and the men who guard their private parts and the women who guard, and the men who remember Allah much and the women who remember, Allah has prepared for them forgiveness and a mighty reward.” 2

A believing man and a believing woman both seek the same way and the same final end. Great goals and wishes may have different paths, but the important point is the goal itself, which is achievable for both man and woman.

In Islam, woman is woman and man is man and they are individuals of the same essence; as emphasized by the holy Qur'an:“O you men! Surely We have created you of a male and a female, and made you tribes and families that you may know each other; surely the most honorable of you with Allah is the most righteous of you.” 3

In Islamic teachings, man and woman are one and this oneness is rooted in their essence. Creation has linked these two beings in a way that they are never divisible.

The holy Quran states:

“And one of his signs is that He created mates for you from your selves that you may find rest in them, and He put between you love and compassion; most surely there are signs in this for people who reflect.”4

In fact, this is a major Islamic teaching that:“Everyone should seek his perfection from within himself. ” 5 One should develop within his own self, gradually remove his deficiencies and idiocy, and finally reach the desired perfection and lasting prosperity.

It is totally insane for woman to lose or belittle her own self, so that she feels inferior in creation and tries to resemble man; wear and make up like him and imitate his behavior. This viewpoint is the outset of the denying of woman's personality and its result is as misleading as its beginning. Woman should seek herself within her own self and beware that the existence of two human types -man and woman- is not acknowledging one and refuting the other.

Today, among the plethora of biased theories on woman, woman should return to her principles. She should ignore the aliens' contempt and discover her natural and cultural values with self-esteem. She should not lose her originality and not follow others blindly. Rather, woman should develop her own life via her cultural richness.

Our sincere scholars, who have studied the western culture deeply, have understood well that true salvation from tyrant systems lies in religious and cultural originality; that is the renewing of the precious Islamic and national values.

Knowledge is in monopoly of no one. One should benefit from others' knowledge, based on this lasting Islamic teaching, quoted from the Prophet Muhammad (a.s.):

“Seek knowledge, even if it is far away in China, because seeking knowledge is an obligation on every Muslim man and Muslim woman.” 6 This does not mean inferiority before the superficial greatness of the west. Some Asian nations have sought knowledge by benefiting from western science and technology, combining it with their own cultural values, and not becoming extremely fascinated by the west.

The most valuable perfection and true independence is, in fact, the knowing of oneself and one's own identity and nature, as well as knowing the flaws and declines of an alien culture. An alien culture leads nations to dependence, absurdity and unoriginality. The resulting dependence and captivity imprisons not only human body, but also his inner self and mind.

Surprisingly, some want to forget the attempts of determined thinkers and their warnings during the past centuries and make the youths forget them too. They intend to remove our self-reliance and thinking power, and make us culturally dependent, in order to pave the way for economic, military, and political assaults.

In this era of deviant viewpoints and false criteria, the youth should be awakened and informed by the authors, thinkers, and all cultural centers, so that our generation is immunized against any cultural assault. In the last few decades, anytime the Islamic principles and beliefs were attacked, the question of 'woman' was assaulted too. This issue is still being exploited at present.

Not very long ago, the Materialist and Marxist ideologies entered societies for some time, which resulted in the weakening of some beliefs and the drain of some brains. Now, that those ideologies have been proved worthless in explaining the philosophy of the world and human being, the capitalist ideology is trying to destroy the youth's beliefs, and would probably destroy other resources as well. Working against this cultural assault is at the first stage is the demanding duty of the knowledgeable. They should spare no effort to make the new deviant beliefs known throughout the society (in order to be resisted).

The introduction of western feminism is an instrument of this cultural assault, which attacks a half of the major body of the society, to destroy our religious and national unity.

The present book is written for the same excellent purpose. I hope this cursory evaluation of the different viewpoints on womanbe useful for our younger generation, so that they become more familiar with the preferred view of Islam and the value it puts on woman. Of course, there is much research to be done on woman's rights to lighten the dark sides of it.

Mashhad, 3/1/1378 (March 1999)

Chapter One: Woman's Creation

Woman's soul and body is created from the same essence as man is. In fact, there is no difference between the reality of man and woman. The Holy Qur'an explicitly mentions this fact when saying:

(O People! Be careful of your duty to your Lord, Who created you from a single being and created its mate of the same kind),7 and (He it is Who created you from a single being, and of the same (kind) did He made his mate that he might incline to her),8 and (And one of His signs is that He created mates for you from yourselves that you may find rest in them).9 So, woman's creation is from the same essence as man's creation, just as the Prophets (a.s .) arc human beings and selected from among humans themselves.

The Qur'an says, (Certainly Allah conferred a great favor upon the believers when He raised among them a Messenger from among themselves).10 The sameness of man and woman is a theme easily acquired from the Qur'anic verses. There is only one other viewpoint in this regard that considers woman as an addition to man's creation. This is derived from some traditions of the Prophet's Household (a.s), but it is rejected by Imam Sadiq (a.s).

Zurara narrated,“Once, Imam Sadiq (a.s) was asked about the creation of Eve and that some people believed that the Almighty Allah created her from Adam's lower left rib, and the Imam (a.s) said, 'The Almighty is beyond doing so. Those who hold this view think that Allah could not create a wife for Adam, but from his rib.

What do they mean? They let others make excuses in this regard. May Allah judge between us and themall! ' Then the Imam (a.s) said, The Almighty Allah created Adam from soil and ordered the angels to prostrate before His creation. Then He made Adam sleep deeply, and created a new being for him The new being moved and Adam was awakened by her movement. He saw a pretty creation just like himself, except that she was a woman Then Adam said: 'O Allah! Who is this beautiful being to whom I am inclined?' Allah replied: 'This isMy servant Eve' ...” 11

Allama Majlisi says,“It is common among some historians and tradition narrators that Eve was created from Adam's rib, but some other traditions reject it.” 12

Then Allama Majlisi narrates an exegesis discussion from Abul Fotuh ar-Razi. Ar-Razi in the exegesis of the Qur'anic verse (O People! Be careful of your duty to your Lord, Who created you from a single being and created its mate of the same kind),13 has said,“By this mate, Eve is meant. There are two views on Eve's creation; the first is that Eve was formed from Adam's rib, and the second is that Adam's wife was created from the same essence. And this verse is like another one that says: (And Allah made wives for you from among yourselves)14 or (Certainly a messenger came to you from among yourselves).” 15

Then, Allama Majlisi says,“The creation from the same essence means from the same father and it does not nullify the presence of a mother, as a requirement ...”

There is another possibility about the word (min;16 from) that it may be a causative preposition. In other words, it means that“He created wives for you ...” 17 This second view is in accord with Imam Sadiq's view that woman has an independent creation just like man.

Chapter Two: Woman's Perfection

In the Qur'anic view, woman can reach perfection, just as man can. The Holy Qur'an explicitly states that she can go to ascension via awareness and good deeds. Anytime there is reference in the Qur'anic verses about human perfection, women are pointed out along men:

(Surely the men who submit and the women who submit, and the believing men and the believing women, and the obeying men and the obeying women, and the truthful men and the truthful women, and the patient men and the patient women, and the humble men and the humble women, and the almsgiving men and the almsgiving women, and the fasting men and the fasting women, and the men who guard their private parts and the women who guard, and the men who remember Allah much and the women who remember; Allah has prepared for them forgiveness and a mighty reward.18

In this verse, submission, belief, truthfulness, patience, humbleness, fasting, chastity, and remembrance of Allah are mentioned in the same way for man and woman. Both of them can equally reach these heavenly positions.

(So their Lord accepted their prayer: That I will not waste the work of a worker among you, whether male or female, the one of you being from the other).19 (And whoever does good deeds whether male or female and he (or she) is a believer; these shall enter the paradise and they shall not be dealt with a jot unjustly).20

In this verse, the unity of man and woman is justified, that an attempter should get reward as much as his/her attempt. Allah is beyond differentiating between the efforts of man and woman.

(And whoever does good deeds whether male or female while he (or she) is a believer;We will most certainly make him live a happy life, and We will most certainly give them their reward for the best of what they did.)21 This verse mentions the sameness of worldly rewards for good deeds of man and woman. In other words, good deeds of any servant receive equal rewards in this world and the Hereafter.

It should be pointed out that other Qur'anic verses about human perfection include both man and woman, though they are stated with masculine pronouns. Statements such as (O You who believe!)22 means 'O People!' and refer to both men and women.

Chapter Three: Woman's Reason

The Holy Qur'an knows woman as a human, possessing all human qualities and all necessary capabilities of a human being. Nothing about deficiency in woman's mind has been mentioned in the Qur'an at all. Rather, as pointed out earlier, man and woman are equal to Qur'an in terms of reaching perfection, which is only possible through deep understanding. However, some traditions introduce woman as less intelligent than man. Some points worth mentioning in this regard.

a. Low intelligence and inadequate cognition is attributed to many people and social classes by Islam, either men or women, for instance:

Pride and arrogance is an indication of stupidity.

Imam Ali (a.s .) says,“One's self conceit is the sign of his lack of reason.” 23

One, who accompanies the stupid, would lose his own reason.24 Not listening to the wisekills reason.25 Wastefulness wipes out reason.26

Pride and self-deceit decreases reason. 27

One who loves something excessively would suffer from folly.28

Lustfulness destroys brain.29

A wise man keeps calm in anger; otherwise, he is foolish.30

One who always does nonsense is unwise.31

Such guidelines are for awakening people, so that they know and overcome obstacles and try to perfect their wisdom.32

Some other groups of people, on the other hand, are considered wise and even possessing complete cognition, either men or women.

A wise person seeks perfection and an unwise one seeks wealth.33

A wise person judges his own opinion, not relying on what he likes.34

A wise individual acts as to his cognition.35

No wisdom is more valuable than opposing whims and desires.36

A wise person is religious and faithful.37

Humbleness before the truth and accepting it is the highest degree of wisdom.38 Such statements do not concern innate human folly; rather they refer to cultural and social effects on human wisdom. One's background, education, and lifestyle may prepare the necessary conditions for his/her growth and materialization of innate capabilities. Any kind of shortcoming in these aspects, on the other hand, would harm human abilities, and even completely destroy a certain aptitude. The traditions about mindlessness have considered this doubtless issue.

Another issue is worth considering about human mind; wisdom is mentioned as accompanying faith in some traditions. The Prophet of Islam (a.s .) says, (Surely, goodness is obtained by wisdom. He has no faith, one who has no reason.)39

Imam as-Sadiq (a.s .) says, (He, who is wise, is faithful.)40

Imam al-Kadhim (a.s .) says, (O Hisham! The Almighty selected His prophets so that people accept His religion wisely. Therefore, those who understand the religion more wisely accept the prophets' invitation well. And whoever is more aware of Allah'sreligion, is wiser than others ...)41

Keeping in mind these teachings as well as the Qur'anic verses referring to the faithful women, as equal to faithful men, it becomes clear that women possess the kind of reason necessary for high-rank faithfulness. So anywhere that true faith, humbleness before Allah, chastity, and worship exist, reason and human wisdom inevitably exist.

Therefore, woman's mindlessness, referred to in some traditions, may mean the momentary state caused by human negligence. As these passing states are related to behavioral factors, they can be changed by a change in behavior, thus regaining the innate human nature. For instance, one who suffers from pride and despotism may lose reason. Then if these vices are wiped out by training and refinement of the soul, the barriers of thoughtfulness are removed, and thus the human mind regains its capacity and guides man.

According to what has preceded, woman's folly referred to in some traditions is related to the contemporary women who were less engaged in intellectual issues and they only thought of their female aspects. The mentioned traditions hence do not refer to woman's permanent nature.

Some descriptions of certain people or social classes are commonly seen in traditions that are related to changeable dispositions, just as common as these changeable states in traditions are sometimes interpreted as natural ones by mistake.

To make the point clearer, a tradition from Imam Ali (a.s) follows. Imam Ali (a.s) said,“Women are not pious when in need and not patient with their lust. Cosmetics are necessary for them even if they are old. They are arrogant and proud even if they are disabled anyway, treat them kindly and speak with them well that they may improve their behaviors.” 42

The last phrase of Imam Ali's statement indicates that the mentioned vices are not permanent innate ones; rather they are caused by women's milieu and education. Otherwise, the Imam would not say,“Treat them kindly that they may improve their behaviors.” In fact, these faults are due to inadequate education and improper culture of the society. They can be changed by kindly reactions. Therefore, by the term 'mindlessness' in traditions, it is meant the improper effect of society's culture on women.

b. Perhaps, the lack of reason implies the different brain weights of man and woman that is a reality about these two human kinds.43 It is also proved by scientific researches that women's emotional intelligence is stronger. But this is not a weak point for woman; rather, it is an important necessity for her motherhood tasks. Woman's emotion plays a more central role in children's personality development and family's warm environment than man's strict mind-governed role. This quality diverts woman from complex intellectual issues to make the family warm and lovely.

c. If one or some traditions contain a certain controversial issue, it should be scrutinized to see if there are other contrasting traditions or verses. If the tradition's document is correct and no contrasting traditions are found, the principle of“ta'adol wa tarjih” (balance and preference) 1, a principle of Osul filed, should be followed. Perhaps, after expert studies it is found that there is in fact no contrast. However, there may be two traditions or a tradition and a Qur'anic verse that are labeled as 'general' and 'specific', 'absolute' and 'provisional' and so on. Also, two traditions may be about two separate subjects or about two states of the same subject. In these cases, there remains no contrast. Finally, if a tradition is in total contrast with the meaning of a Qur'anic verse and they are by no means compatible, the tradition is ignored, clue to its contrast to Allah's words. As a result, surface incompatibility cannot be regarded true contrast without careful investigation.

It should, of course, be kept in mind that this is a completely specialist job done by precise standards. Not everyone can nullify a tradition because of his/her own criteria.

In investigating about the tradition of 'woman's folly', it does not seem compatible with the Qur'anic verses. Nowhere in the Holy Qur'an there is a mention to such an issue; rather, woman and man are mentioned equally in case of good and bad conditions, as was pointed out in the section of 'woman's perfection'.

Moreover, the mentioned tradition is not in accord with another tradition of Imam Ali (a.s) in Nahjol Balagha:

“Avoid consulting with women, except women whose reason has been tried.” 45

Therefore, the traditions containing 'woman's folly' and traditions like the one just mentioned are“Itlaq wa Taqyeed” (absolute and limitation acceptance) and the former are rejected. Therefore, Imam Ali's tradition does not include all women, but some exceptions. Today, however, those exceptions are more than those days, and perhaps they are the majority.

Another tradition is narrated from Imam Sadiq (a.s .) that refers to women's exceptional cognition.“So many women who may have more religious understanding than men have.” This is not equal cognition of men and women, but the occasional superiority of women. This tradition will be discussed in later chapters, too.

Chapter Four: Woman's Social Status

Islam has given equal positions to man and woman in most social activities. Woman has responsibilities in all group social activities, except Jihad (the holy war) and only Jihad; women have duties in defense, preceding and following the stages of Jihad.

The Holy Qur'an says: (And as for the believing men and the believing women, they are guardians of each other; they enjoin good and forbid evil and keep up prayer and pay the poor-rate, and obey Allah and His Messenger. As for these, Allah will show Mercy to them; surely Allah is Mighty, Wise)46 As to these words of Allah, women have the great responsibility of guardianship as men do, so they enjoin to good and forbid from evil.

Woman's social status is as vast as the concept of good and evil in Islam. Therefore, women can engage in all social activities that men do, including the most important social field that is politics and government.

That is why women were active in political scenes in the early Islamic era and had leading roles in government. Prophet Mohammad (a.s .) took an oath of allegiance with women, according to the Qur'anic order, so that this half of the Islamic society becomes familiar with its socio-political responsibilities.

The Holy Qur'an states: (O Prophet! When believing women come to you, giving you a pledge that they will not associate aught with Allah and will not steal and will not commit fornication and will not kill their children and will not bring calumny with what they have forged of themselves and will not disobey you in what is good, accept their pledge and ask forgiveness for them from Allah, surely Allah is Forgiving, Merciful)47

This verse is about paying of allegiance with the newly-established Islamic government in the Prophet's age, which happened on the Day of the Conquest of Mecca. After the men's allegiance with the Prophet (a.s .), women came to him and asked to pay allegiance too. Then the mentioned Qur'anic verse was revealed and it mentioned the qualifications for being the prophet's allegiant, emphasizing women's engagement in the political activities.

It is narrated that the Prophet (a.s .), on that day, took the women's allegiance verbally. Women could also do so by putting their hands inside a bowl of water in which the Prophet (a.s .) had put his own hand. This way, the allegiance between individuals and the government was established. It is also narrated that the Prophet (a.s .) took women's oath, shaking hands with their hands covered.48

It is narrated that on the day of al-Ghadir women paid allegiance to Imam Ali (a.s .) by putting their hands in the same bowl of water as his hand was.

Moreover, women participated in the great socio-political movement of Hijra and their immigration to Medina was accepted along with men's. This is especially important at a time when women were deprived of most of their individual rights and could not engage in social issues.

The Holy Qur'an states: (O you who believe! When believing women come to you migrating,then examine them. Allah knows best their faith. Then if you find them tobe believing women, do not send them back to the unbelievers.)49

As it is mentioned in exegesis books, the examination of emigrant (Muhajir) women was to ensure that their departure has not been due to family disputes. This was done by asking those women to swear that their emigration had not been because of disliking their husbands, tiredness of their city or other worldly problems.50

Women can participate in other social movements and have a leading role in them. The Ashura movement is the best sample of this kind of participation. In recent times, women's role in Iran's tobacco movement led the monarch government to accept the verdict of the great Ayatollah Shirazi. Contemporary women's heroic role in the Islamic revolution of Iran is also clear.

Women can also take part in social positions. In fact, the only social positions in which women cannot participate are Imamate and prophethood. Of course, reaching the position of infallibility and guardianship (wilayah), which are the essence of prophethood and imamate, is possible for them; the great Lady Fatima az-Zahra (a.s .) had possessed this position. Women, however, have not been given the demanding prophethood or Imamate positions in the society because they are too difficult and very heavy tasks.

For the Islamic authority (marji'iyyah), some do not consider masculinity as a prerequisite, provided a woman or some women have other qualifications.

In the future, after Imam Mandi's reappearance and international revolution, women shall have key social roles and some of them shall be disciples of the Imam (a.s). Imam Baqir (a.s) stated: (By Allah, that three hundred and thirteen men will come to him (Imam Mandi (a.s)) along with fifty women ...)51 This shows the women's future social role, especially because the first group of Imam Mandi's disciples has deep understanding and faith. They are exceptional characters with especial intellectual and spiritual power.

Abu Basir narrated,“Once, I asked Imam Sadiq (a.s): 'May I be sacrificed for you! Shall be there other believers besides Imam Mandi's disciples on that time?' The Imam answered: 'There shall be other believers too, but those who shall work with him after his revolution shall be elites, Islamic authorities, the knowledgeable, agents, and judges.” '52

Preparation for the twelfth Imam's era necessitates, at least for the waiting women, studying Islamic jurisprudence and knowing social management issues, to be able to participate in that great international revolution.

There are also various viewpoints concerning women's judgment. Some Islamic jurisprudents do not permit woman's being a judge, some others believe that this issue should be solved by consensus, and still other jurisprudents, both in the past and today, allow woman's being a judge. Among the late jurisprudents, the late Ayatollah Muqaddas Ardabili rejected the total abandonment of woman's judgment.53 The argument of the opponents is not much grounded.

Proving the consensus is also not easy. One of the arguments of the opponents is a tradition of Imam Sadiq (a.s) narrated by Abu Khadija who said,“Once, Imam Sadiq (a.s) sent me to the Shia with this message: 'Never go to corrupted judges in case of financial disputes! Identify a man among yourself who knows halal (lawful) and haram (unlawful) so that I appoint him as your judge. Never refer to an oppressor judge.” 54

It is doubtless that (man) does not mean a male person; rather it means a person who has an insight in Islamic rules and traditions to differentiate between the lawful and the unlawful. The criterion here is not femininity or masculinity at all.

As it was mentioned in the preface, most of the statements containing masculine references or pronouns are in fact general addresses to all human beings. Such statements address men, because men's roles were clearer and they were more at hand then. So, gender is not specified in these traditions and rules; they only reflect the conversational practices of the past.

It is also inferred from Imam Sadiq's tradition that he is denouncing the oppressive judges. Two points deserve being underlined in the mentioned tradition; that the judge should be a righteous and Muslim person, and that the judge should be conscious of the judgment issues. The emphasis of the tradition is after all on the judge's practical and scientific qualifications and the avoidance of tyrant courts, and not on the gender of the judge.

In sum, anyone who has the necessary qualifications of knowledge, piety, preciseness, and the power of decision-making away from passions and desires can be a judge. Therefore, woman's judgment does not add an especial condition to the general judgment issue.

Another tradition is used as an argument against woman's judgment. Sheikh al-Hurr al-Aamili has written a chapter in his Wasa'il Al-Shi'a with only this tradition that the Prophet (a.s .) in his will had told Imam Ali (a.s):“The Friday Prayer is not required from women and they are not to be entrusted with judgment.” 55

The former part of this tradition is not followed and the Friday Prayer is considered true for both man and woman. It seems unjust to accept one part of the tradition and reject the other part, so the argument by this tradition is completely wrong.

The matter of woman's judgment, in sum, requires more scholarly scrutinizing. Of course, some contemporary jurisprudents have researched about this and approved woman's judgment.

It should be pointed out that judgment is one of the difficult jobs. The courts with criminals, wrongdoers, claimants, and complainants on the one hand, and the conscience's concern about knowing the very fact, fair verdict, and the hereafter account on the other hand, are truly distressing. Therefore, judgment is a demanding work. Many strict Islamic teachings have been mentioned in this regard that prevent most of the learned from entering the judgment profession. One of these traditions comes here as an instance:

Imam Sadiq says,“Judges are four groups (kinds); three groups go to the Hell and only one to the Paradise. One, who judges unjustly and knows that his judgment is unjust, goes to the Fire, one, who judges unjustly but does not know that his judgment is unjust, goes to the Fire, and one, who judges justly but does not know that his judgment is just, goes to the Fire. One, who judges justly and with knowledge, goes to the Paradise.” 56

In some traditions, judgment is considered the job of the prophets (a.s .) and the Imams (a.s.). Imam Ali (a.s .) considers judgment as difficult as the ruling over the society.

One day, some children brought their writings to Imam Ali (a.s .) to choose the best one. Imam Ali (a.s .) said:“Surely, it is a kind of judgment; oppression in this judgment is like oppression in the rule.” 57

Considering the difficulties of the judgment profession, is the removing of this burden from a certain group or class a service and consideration or it is a disservice and ignoring of their personality? It seems that detesting the burdensome judgment responsibility for woman, if it is proved at all, indicates a great service to woman, just as eliminating other hard jobs such as Jihad. Another consideration is that woman's delicate sensations might spoil just judgment.

However, this is only the author's view and the arguments against woman's judgment are not much grounded. Two aspects of woman's social activities are briefly mentioned here for their importance:

a. Cultural and scientific activities: One of the most supported issues in Islam is the scientific and educational growth throughout the society; without the slightest differences among people or classes. The Qur'anic verses are quite clear in this regard. The traditions necessitate cognitive growth too, to an extent that the religion is defined as reason.

Imam Ali (a.s .) says,“Reason is one's inner religious laws, and the religious laws is his outer reason.” 58

Prophet Muhammad's statement, which is narrated and accepted by the different Muslim sects, is very famous in this regard. The Prophet (a.s .) says,“Seeking knowledge is obligatory on every Muslim man and Muslim woman.” 59

In some versions of this tradition, the phrase 'Muslim woman' is not narrated. Scholars say that 'Muslim man' is a general noun including both man and woman. This view is undoubtedly true.

For many kinds of education such as learning Islamic fundamentals, woman does not even need her husband's permission, just as other obligatory deeds for which the dissent of the husband is not important.

That is why after the dominance of Islam and the eradication of the obstacles of learning, everyone, especially women, started acquiring knowledge. Not long afterwards, some learned religious scholars among women were well-educated and they reached high scientific ranks. A story about one of Muslim learned women deserves to be mentioned here.

Burayrah was one of the women of the early Islamic era. One day, her husband came to the Prophet (a.s .), complaining that she had left home and gone away. Prophet Muhammad (a.s .) called Burayrah and asked her to go back to her husband's house. Burayrah said,“Are you ordering me?” The Prophet (a.s .) answered,“No! There is no obligation, but I am the mediator.” 60

The conversation between the Prophet (a.s .) and that woman shows that she had reached a religious cognition to differentiate the criteria of the Islamic rules. She analyzed the speech of the Messenger of Allah (a.s .) and asked if he gave an order as the Islamic jurisprudent or only an advice to her. The Messenger of Allah (a.s .) in return confirmed her view and said,“I am the mediator.” The conversation in this tradition is widely used by the jurisprudents and scholars of Usool when discussing whether an order without necessary evidence is an obligation or not.

Anyway, this one and other traditions indicate that once pagan women, who were worlds apart from culture and knowledge, got very enlightened after the advent of Islam.

Such women are numerous throughout Islamic history up to the present day. It is highly expected from Muslim intellectual women to review the history and record the accounts of enlightened women to be presented to the new generations. Some books have been surely written on the life of great Muslim women; however, not enough eloquent works, especially by scholar women, have been produced. b. Economic activities: Women have the right to participate in economic and commercial fields, exactly as men do. In Europe, women were given the right of commercial activities only after centuries, not for their own sake, but for the capitalism purposes.“... The industrial revolution industrialized woman too...Women were cheaper workers, thus the employers preferred them to tough high-wage men The first law for freedom of our mothers was the 1882 law. According to this law, British women got extraordinary privileges. They could keep their wages for themselves. Factory owners in the House of Commons ratified this law to absorb women to their factories ...” 61

Centuries before Europe's giving privilege to women, Islam had granted rights to Muslim women, not for materialistic but for humane purposes. Islam permits women to work outside home and possess their own salary. Women can make a will and inherit from others. They can make any economic attempt, invest, and establish farms and factories. These issues are derived from the Islamic teachings and explicitly defined in our Islamic law (Fiqh).

Chapter Five: Woman; the Family Axis

The importance of family is known to everybody. It has a central role in educating generations, as well as comforting family members and especially man. It is also the basic cell for the society at large. Even some authors who have had a machine view about family, talking about biologic fathers and mothers and machine-made children62 , are worried about family annihilation, as the annihilation of the central core of human civilization:

“Family annihilation is in fact a part of the general crisis in industrial society in which all the organizations of the second wave are beginning to extinct. It is frequently being heard that family will be annihilated in the future, or that “family” is the most important issue today In recent years, there have been so much divorce in families that today one out of seven American children live with a single parent. This number is even higher in urban areas and it reaches one out of four children ...” 63 “Most scholars have considered family as the most important factor in educating children, their health or illness, dignity or deviation, compatibility or incompatibility A child acquires the first lessons of life in family devotion, affection, rules and traditions, cultural and religious rituals, and duties Family shapes the child's personality Individual or social health is not possible without considering the family's role Family can be the physical, emotional, intellectual planner of the child or its destroyer.” 6 4

Doctor Irvin Greenburg, psychology professor at the Medicine College of Albert Einstein believes:“People will marry in pursuit of a stable structure.” According to this view, family is like a root that accompanies its members, wherever they goes. It is as an anchor, which saves people's lives from the storms of change. In short, the more different the surroundings become, the more important the role of family becomes6 5 .

“... anyway, what appears from within all these changes and diminishes their importance is a minute thing. There is a secret voice embedded in human activities that is not been discussed much. It has always been a balancing factor in society; that is the family round... This round is so ancient and it works so automatically and systematically that is taken for granted and people have not asked about it...These natural and predictable family happenings grant human beings, from various tribes and societies, a sense of belonging in the course of changing affairs. The family's round in human life is considered as the base of the mental health.” 6 6

In the preface of“Toward a New Civilization” , we read:

“Toffler, on the other hand, believes that one of the outcomes of the Third Wave is the influence and importance of family and respect for it. In the Second Wave (Industrial Civilization), the powerful 'family' institute faced a gradual decay and lost all its qualities of the First Wave. So the patients were sent to hospitals instead of being cared for at home; children were sent to kindergartens and schools; old people were sent to nursing houses; and the couples spent most of their time in parties, restaurants, and clubs. What remained of familywas only emotional ties, which could be easily broken.

However, the Third Wave would revive it again, granting it its previous power and authority. In this way, many people would do their jobs at home using computers, fax machines, multifunction telephones, and other Third Wave communication media... Many parents would teach their children at home by modern communication means. Medical jobs, even surgical operations, can be done at home by robotic computers connected to medical centers. As family members spend most of their time at home, emotional ties will strengthen. Thus, family importance and influence will become even more than that of the Second Wave.”6 7

“To me, for reasons previously mentioned, none of them but family would be the main canon of tomorrow's civilization. I think 'home' has a wonderful importance in the Third Wave civilization. The start of production-forconsumption method, development of Electronic cottage, creation of new constructs in economy, and automatic nonmass-production industries all contribute to the renewal of family as future society's central unit. The economic, sanitary, training and social duties of such a unit would increase and not decrease.” 6 8 Woman has two basic roles in family, along many other apparent and invisible roles. These two main roles are:

1. Woman renews man's character, capability, and efficiency at home. The calmness the woman grants to man cannot he made in any other way. Will Durant says,“As woman changes the fancy man to the man devoted to family and children, she serves the continuation of generation ...” 6 9

The Holy Qur'an reveals this role of women:

(And one of His signs is that He created mates for you from yourselves that you may find rest in them, and He put between you love and compassion. Most surely, there are signs in this for people who reflect.)70

(Rest) is a deep calmness that men get beside women and family. It helps the ship of life reach the prosperity shore. It also eliminates man's concerns and tensions.

Another point to be mentioned is that family familiarizes man with duties and regulations, bringing a gradual sense of commitment and small-scale management. This is an important instruction that cannot be taught in any school so tangibly and emotionally. As a result, man can fulfill his duties as well as the society's expectations from him efficiently only in the family and beside woman. And this is woman's role of wifehood.

2. The other essential role of woman's is motherhood. This, too, is a fundamental constructive role. Motherhood is a long-term duty. From the time the embryo is formed in woman's womb, she begins raising the child up to school time. Afterwards, though the child is independent, s/he is affected by the mother in some way throughout the life.

Of course, mother's evident role is very important in the period of breastfeeding and childhood. During this long period, all aspects of the child's personality are shaped by the mother. In fact, the child receives major assets from the mother and his future is formed accordingly. Educational situations, too, affect the child in the same way as the mother wishes.

That is why Islam has many recommendations to mothers in pregnancy, delivery, breastfeeding, and other periods. Physical guidelines such as proper nutrition and mental relaxing ones should be followed. All these aspects are effective in motherhood and well-educating of children. This is the most beautiful skill of woman; a skill exclusively in her own hands.

“A healthy woman breastfeeding her child should be considered the beauty peak of Creation.” 7 1

As a result, in benevolent education and support of woman's rights, this great aspect of woman's life should be considered, not sacrificing it for other transitory social roles.

“Genius is equally possible in motherhood as in politics, literature, and war. Sameness in genius cannot be judged by power or skill rather it should be assessed by the ability for playing natural roles of man and woman ...” 7 2

The motherhood role is emphasized and discussed much in Islam to strengthen the relation of children with family and reinforce the family system (More about motherhood is to come in the last chapter). Also sincere scholars, who wish to reorganize the human society and civilization, underline motherhood role, warning women about the propaganda on equality of man and woman that might distract women from their natural duties; because the children who do not experience the presence of their mothers or families that are dismantled after divorce suffer much.

“... Young girls should be educated rightly to be good mothers and raise good children, not to become physicians, lawyers, or professors ...” 7 3

Women should also learn that motherhood is their most important role in life that helps their material, spiritual, and even physical development.

“... It seems that the female beings -at least about mammals- do not reach perfection but after one or some pregnancies. Women without children are angrier and they lose their mental balance sooner. Women are generally unaware of the importance of reproduction process for their own development. So it is not logical to divert their attention from this role and direct them to the same lifestyles, viewpoints and goals as men's.” 7 4

The mottos of freedom and equality should not undermine this great mission of motherhood. All logical scholars are concerned about family issues and woman's role in family, so that the family does not dismantle and woman plays her role inside it. They are worried that woman accepts manly responsibilities and forgets her own mission; a mission greater than manly works and imitating the male gender.“... Those who speak about woman's freedom should know that a complete woman is more vital than an incomplete man If the nature seems unable to maintain the family and thechild, it is because women have for some time forgotten the nature. But the defeat of nature does not last forever.” 7 5

Chapter Six: Violence against Woman

In Islamic teachings, all kinds of violence against all people have been banned. Gentleness, however, has been emphasized in social relations. The Holy Prophet (a.s .) said:“Nothing is more beloved to Allah and his Messenger than faith and gentleness with people. And nothing is more hateful to Allah and His Messenger than polytheism and violence against people.” 7 6

The subject of violence is sometimes misused and misinterpreted. To understand the concept of violence truly, it should be born in mind that the Islamic reprisal of the criminals, Jihad with the unfaithful, and using war instruments against violators of human rights are vital issues recommended to Muslims throughout the Qur'an. Reprisal is sometimes a vital tool, because violators and oppressors do any oppression, kill and torture cruelly for their interests, and use the highest levels of violence.

Before such people, non-violence has an inhumane meaning. It is in fact like gentleness to a rapacious leopard. The behavior of the holy Qur'an toward these violent individuals is for the interest of humanity:

(Whoever then acts aggressively against you,inflict injury on him according to the injury he has inflicted on you, and be careful of your duty to Allah and know that Allah is with those who guard against evil.)7 7 The only way for facing these human-like savages is violence and not logic. Some simple-minded proponents of western liberal-democratic school think that the oppressors can be confronted with logic and ethics, without any violence. All the past and present realities and instances nullify this false imagination. This is also rejected in the overall history of the prophets.

The Prophet of Islam, who is (Mercy for the worlds) and whose motto is“I have been sent (as prophet) for completing the nobilities of character” went to 83 wars. He battled even with inner opponents and had a decisive behavior with Muslims who did not accept some Islamic rules. This statement of the Prophet (a.s .) manifests the true way for Muslims:

“Goodness, all the goodness is maintained by (the force of) the sword. People are directed to goodness only by the sword. And the swords are keys to the Paradise and the Hell.” 7 8

The same tradition7 9 is also narrated from Imam Baqir (a.s .), the fifth infallible Imam. Prophet Muhammad (a.s .), the great leader of humanity and the best teacher of ethics and divine principles, thinks that all the goodness is materialized by the power of the swords. He considers the instruments of power as the only way for gaining peaceful and humane goals. The Prophet (a.s .) knows that the cruel and voracious people do not leave murder, crime, oppression, and disloyalty and do not accept righteousness except by the force of the sword. In the present era, we see clear instances of these criminals who oppress the third world nations. They oppress the nations concerning oil price. They suppress national movements. Food and drug companies use their power to force and dominate nations. They spread viruses so that their products be sold, making the vital foods and drugs the most violent instruments for reaching their goal.

The weapon producers start wars among innocent people to sell their products, beside many other inhumane methods. After this much violence that is unprecedented in history, they now speak of non-violence. They suggest logical and humane behavior toward oppression to make the youth away from the principles of Jihad, martyrdom, and sacrifice. They want to abolish revolutionary bases and pave the way for inhumane rulers.

As was mentioned, according to the Prophet (a.s .), violence is the worst thing and it is equal to polytheism. Of course, this prohibited violence is the one against Allah's servants; these Allah'sservants means trustworthy, faithful, and responsible people, not the oppressive criminals. So, one should be aware of propagandas and be careful of usage and aim of apparently beautiful words.

Surely, Islam has condemned violence and aggression. Even the annoying of any living being is forbidden in Islam. Imam Sadiq (a.s) said:“By Allah, the pious are prosperous. Do you know them?Those who do not annoy a very small ant that is hardly seen.” 80

Furthermore, any kind of trivial annoyance that makes others unhappy is considered a devilish doing in Islam. The Prophet of Islam (a.s .) said,“One, who annoys a faithful, annoys me and one, who annoys me, annoys the Almighty Allah. One, who annoys Allah, is cursed in the Torah, the Bible, the Zabur (the Psalms), and the Qur'an.” 8 1

Imam Sadiq (a.s) stated,“The Almighty says: Let him, who harmsMy faithful servant, expect a war from Me.” 8 2 Insulting and disrespecting othersis also forbidden in Islam. The Prophet (a.s .) said,“The meanest of people is he who insults people.” 8 3 Scaring and distressing others is considered away from true belief, as the Holy Prophet (a.s.) stated,“One, who distresses a faithful and then he gives him all the world, shall not ransom himself by that nor shall he be rewarded for it.” 8 4

Finally, any kind of unpleasant and unkind behavior is not acceptable. The Prophet of Islam (a.s.) said,“Whoever pushes a faithful to demean him by it, slaps him on the face, or does something to him that he hates, the angels curse him until he shall satisfy him (the faithful) against himself, repent, and ask Allah to forgive him.” 8 5

It was mentioned that a faithful means a faithful man and a faithful woman, who are both included in all these rulings. These rulings have been given more importance in family relationships.

What was stated is the general Islamic teaching. The Qur'anic verses and traditions of the Prophet's household (a.s), however, emphasize the avoiding of violence more deeply about woman (This issue will be discussed in details in the last chapter).

The Holy Qur'an states: and treat them kindly ...)8 6

Even in talking about the divorcing of woman, the Holy Qur'an stresses kindtreatment: (And when you divorce women and they reach their prescribed term, then either retain them in kindness or release them in kindness, and do not retain them for injury, so that you exceed the limits, and whoever does this, he indeed is unjust to his own soul; and do not take Allah's communications for a mockery ...)8 7

Divorce and separation often go with harms, hatred, and unwanted reactions. The Qur'an prevents these issues, saying that if a man wants to divorce his wife, he should not annoy or harm her or behave violently toward her, observing the principle of 'kindness'. Therefore, even in quarrels, the principle of 'kindness' should be observed in dealing with women.

In another Qur'anic verse about the breastfeeding period, the principle of 'kindness' and the providing of mothers' needs are emphasized: (... and their maintenance and their clothing must be borne by the father of the child according to usage ...)8 8

The criteria for providing the mother's needs should be“kindness” ; not the necessary amount, but more than that. Considering the Qur'an's emphasis on the“kindness” criteria in treating women, the concept of 'kindness' should be studied carefully to see if it is the same as the legal criteria or something more than justice and law.

The concept of“kindness” , which defines the social verdict of 'enjoining good' (al-Amr bil Ma'ruf) in the Islamic teachings, has a deeper meaning than the mere lawfulness and justice. It includes the legal and just rights, plus ethical and humane ones. Such a humane behavior deserves human high values. So treating woman legally or justly is treating her in a way determined by the law, but treating woman with“kindness” means treating her beyond her (only) legal rights; treating her also as ethics and Islamic values determine. In other words, it means observing the obligatory deeds and the recommended deeds as well.

In the book Majma' al-Bahrayn, we read:“'kindness' is a general term for anything that is Allah's obedience, His pleasure, doing good to people, and any action that is considered good by the Sharia (laws) or logic ...” 8 9

Aminul Islam Tabarsi says,“Behaving with 'kindness' is the behaving according to Allah's commands, observing woman's rights, satisfying her needs, and having good temper and good behavior with her. It is also said that 'kindness' means not to beat woman, not to speak badly with her, but to speak with good humor ...” 90

Attention should be paid that in addition to observing the right and justice, kind and humorous behavior and following ethical criteria are considered as 'kind treatment'. It should also be borne in mind that the“kindness” mentioned in the Qur'anic verses refers to a general rule, rather than an exception or specified situation. In other words, it cannot be said that women should be dealt with kindly in some specific situations and not in others. Such a meaning is in full contrast with the verses containing the principle of 'kindness'. Therefore, this principle is the general Islamic rule in dealing with woman. The peak of forgiveness toward women is stated in this Qur'anic verse:

(... Then if you hate them (wives) it may be that you dislike a thing while Allah has pledged abundant good in it ...)9 1

Aminul Islam Tabarsi says,“... There is abundant good in keeping wives who are not much beloved... and this verse encourages the husbands, who do not like their wives, to have patience and not to divorce them. This patience is encouraged as far as there is no harm to one's life, religion, or property ...” 9 2

This is recommended to men who have ethical, behavioral, or other problems with their wives and who rush to divorce them, not behaving patiently or ignoring some of their desires.

The Holy Qur'an has also warned seriously against the annoying of women: (And those who speak evil things of the believing men and the believing women without their having earned it, they are guilty indeed of a false accusation and a manifest sin.)9 3 This verse follows another one that mentions the annoying of Allah and His Messenger (a.s .), thus the immorality of the annoying of believing women becomes more manifest. These were examples of verses that explicitly prohibited any violence against women. The same concept has been mentioned in traditions too. Imam Baqir (a.s) has quoted from the Prophet (a.s .):“Does one of you beat his wife and then he still wants to embrace her?!” 9 4

Considering these discussions, it may be asked that why the Holy Qur'an has mentioned the beating of women in this holy verse: (And as to those on whose part you fear desertion, admonish them, and leave them alone in the sleeping places, and beat them. Then if they obey you, do not seek a way against them.)9 5

Islam has obliged woman to obey her husband in marital issues as a right of the husband. The importance of such needs and fulfilling them is certain. If conjugal needs are not responded to, the disobedient wife may face violence from the husband, since man is naturally more powerful. The Holy Qur'an in this case has limited such violent behavior, setting specific stages for the husband to enforce his wife to obey him and fulfill his desires. (Slightly) Beating a wife is only allowed in case of her disobedience of matrimonial concerns. The amount and quality of this beating is determined in traditions and Qur'anic exegesis. It is defined as a gentle beating that leaves no scar.9 6 To avoid any kind of extreme violence in this regard, Imam Sadiq (a.s) has defined this beating as:“It is the beating with a toothbrush.” 9 7

This beating in fact declares an ethical opposition, not physical punishment. It should also be kept in mind that the beatingitself follows two ethical and educational stages, as specified in the same Qur'anic verse: (... admonish them leave them alone in the sleeping places.)

To avoid going to extremes in leaving a disobedient wife alone, such as long-time leaving, sleeping in another room, or leaving the house, it is being determined as its least amount. Imam Baqir (a.s) said,“The verse means sleeping with his back toward the woman.” 9 8

Even in leaving women in their sleeping places, any kind of mistreatment is forbidden. So if women abandon the most necessary and primary relations with their husbands, they first face an ethical, then an educational reaction, and later a punitive one, in the same way as determined by Imam Sadiq (a.s .) and not more than that. Some jurisprudents believe that woman's obedience to her husband is only obligatory in case of the ordinary matrimonial relationship. Even if some other kinds of pleasures are lawful in Islam, women are not forced to obey their husbands in them. As her obedience is not compulsory in all desires of the husband, disobedience of them is not regarded as 'desertion'.9 9 'Obedience' and 'desertion', which are set principles in matrimonial issues, should not accompany violence and harm. They are in fact assessed with 'la dharar' (no harm) principle, i.e. obedience of woman to man's request should not cause any harm to woman in any way. Imam Sadiq (a.s) was asked about Allah's saying in the verse (Neither shall a mother be made to suffer harm on account of her child, nor a father on account of his child),100 and he answered: 'Some breastfeeding women deserted their husbands' desires so Allah prohibited man to harm his wife and woman to harm her husband.'10 1

Even if this specific tradition had not been narrated about 'not to harm woman', the general 'La dharar' (no harm) rule involves any kind of harm. According to this rule, any kind of harm in social, family, and individual relations is banned.