Woman’s Rights In Islam

Woman’s Rights In Islam0%

Woman’s Rights In Islam Author:
Translator: Seyyed Athar Hussain Rizvi
Publisher: Naba Publication (www.nabacultural.org)
Category: Woman
ISBN: 964-8323-40-2

Woman’s Rights In Islam

This book is corrected and edited by Al-Hassanain (p) Institue for Islamic Heritage and Thought

Author: Ayatullah Ibrahim Amini
Translator: Seyyed Athar Hussain Rizvi
Publisher: Naba Publication (www.nabacultural.org)
Category: ISBN: 964-8323-40-2
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Download: 1561

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Woman’s Rights In Islam

Woman’s Rights In Islam

Author:
Publisher: Naba Publication (www.nabacultural.org)
ISBN: 964-8323-40-2
English

This book is corrected and edited by Al-Hassanain (p) Institue for Islamic Heritage and Thought

6. Marriage and its benefits

The family is a small society that starts with the union of man and woman, and by the birth of a child it becomes firm. Marriage is a natural need of a person, and by the marriage ceremony it becomes legitimate.

Islam gives importance for establishment of family, and considers it to be sacred and the Islamic traditions consider it as the best institution.

Imam MuhammadBaqir (a.s .) narrates from the holy Prophet (s.a.w.a .) that the best institution liked by the Almighty Allah, is that which is founded on marriage.[56]

ImamSadiq (a.s .) narrates from the holy Prophet (s.a.w.a .) that nothing is dearer to Allah than a home that is happy through marriage. And nothing is more hated by Allah than the home, which is destroyed by a divorce.[57]

Marriage is a valuable practice (sunnat ) that the holy Prophet and the Infallible Imams have emphasized it.

The holy Prophet (s.a.w.a .) said:

“ Marriage is my practice, and whoever refuses it is not from my followers.”[58]

Amirul Mo-mineen (a.s .) said:“Get married.

Since the messenger of Allah told whoever likes his practice, should know that it is his practice.”[59]

Islam does not consider marriage as an animal act, and does not preach Puritanism. According to Islam marriage is a source for purifying the soul, and its discipline, and a factor for keeping away from sin and gaining proximity to Allah.

ImamSadiq (a.s .) said that a short pray of a married person is better than a very long pray of an unmarried person.[60]

The Prophet (s.a.w.a .) said that a short pray of a married person is better than the worship of a single person who prays in the nights and fasts in the days.[61]

ImamSadiq (a.s .) narrates, “ the worst of your departed ones, are those who died single. “[62]

From the view point of Islam, marriage and family are important task and has many benefits. Some of them are mentioned below:

1. A means of Friendship and Love

In this difficult life, man requires peace, tranquility, and love. He needs a person who would be the trustee of his secrets, his heartedly friend, and a supporter. So that he can make friendship with her and benefit from her love, help, and sincere support. He needs a person who would be his partner in health and illness, prosperity and difficulties, happiness and sorrow, poverty and wealth, and in all circumstances; to be loyal, sympathetic, and caring to him.

And who is better than a wife to fulfill these needs, and what place is better than the home. The Qur’an says:

Among His signs is [the fact] that He has created spouses for you from among yourselves so that you may console yourselves with them. He has planted affection and mercy between you; in that are sings for people who think things over.[63]

2. A means of chastity and protection from sins

Human beings naturally need sex to satisfy their desires. If it is not satisfied legally, then its control will be difficult and takes a person towards misguidance and sin. On this basis, marriage is a good and safe means for satisfying sexual desires, and a safeguard from bad behavior.

The holy Prophet (s.a.w.a .) said that whoever wants to meet Allah pure and clean, should marry.[64]

ImamSadiq (a.s .) quotes from the Holy Prophet that he said:Whoever marries, protects his religion. [65]

ImamMoosa Ibn Ja’far narrates through his forefathers, from the holy Prophet that,

Every young man that marries in the beginning of his youth, the Satan cries: ‘Oh! This young has protected two thirds of his religion.’ Then for the remaining one third he should observe piety.

3. A means of health of body and mind

Sexual desire and its satisfaction is one of the natural needs that are necessary at the time of need and would keep health on the body and mind. Any control and suppress of it makes a person depressed and creates an abnormal condition. Many diseases like mental illness, depression, nervousness, confusion,fear , negative thinking, lack of confidence, and anger; could be due to suppressing the sexual desires. That is why marriage, at the proper time, and satisfying sexual desires through legal ways, can be one of the factors for the health of body and mind.

The holy Prophet (s.a.w.a .) said:

Marry those men and women who are single, so that Allah will make their behavior good, and increase their sustenance and increase their decency.[66]

4. Help the well being of the society

If young people marry at the beginning of their youth, they would be attached to and be warm with their family and remain safe from bad ethics. This will decrease the crossing of limits with other women, delusion of girls and women, fornication, homosexuality, masturbation and also drug addiction, killing, crime and stealing. On this basis marriage, at the proper time, has a great effect onheath and safety of the environment. Due to this, Islam advises to the parents that they should arrange the marriage of the singles.

The Qur’an says:

Marry off any single persons among you, as well as your honorable servants and maids. If they are poor, God will enrich them from His bounty. God is Boundless, Aware.[67]

The holy Prophet (s.a.w.a .) said:

The child has three rights on the father: a good name for him, to teach him writing, and when he reaches the suitable age the father should arrange for his marriage.[68]

5. A means of produce of generation

Islam pays attention to the birth of children and increase of generations, and that is one of the important aims of marriage.

Imam MuhammadBaqir (a.s .) said:

What does prevent a believer from marriage? May be Allah would give him a child who makes the earth heavy by thesaying of “ Lailaha illallah (There is no God except Allah)” .[69]

The Prophet of Islam (s.a.w.a .) said:

Do Marry! So that you can increase the numbers so that on the Day of Judgment I will be proud of my nation over the previous nations, even with a miscarriage (aborted fetus).[70]

6. A means of pleasure and Satisfaction

One of the important benefits of marriage is pleasure and satisfaction of sexual desires through legal ways. The sexual pleasure is one of the best pleasures in the world. And in Islam it is not bad; rather it is legally practical, but if there is an intention of divine proximity, there is reward for it. Sometimes it even becomes obligatory.

Marriage is a sacred relationship that takes place due to some factors:

Acceptance of man and woman.

Permission of father (or grandfather), in case the girl is virgin.

Fixing of dowry. Dowry can be a property, cash, credit, or any other wealth, less or more.

By reciting of the marriage formula, by the man and the woman, or their representatives, provided they know Arabic.

After reciting of the marriage text, man and woman become husband and wife, and their separate lives change into a family life, and there are new responsibilities for them.

Think and Answer

1. What is the Islamic view on marriage?

2. What did the holy Prophet (s.a.w.a .) say about marriage?

3. What are the benefits of marriage?

4. When does marriage affect the body and mind of a person?

5. What is the effect of marriage of young people in the society?

6. How does marriage takes place?

7. The Comparative Rights and Duties of Husband and Wife

According to Islam, family is a small society. And large societies come into existence from these small units. This small family comes into existence due to the unification of a man and a woman. It develops with the birth of children. There is a complete relation between the members of the family, and they have similar aims and benefits. The happiness of a member depends on the happiness and good fortune of other members. Previously the men and women were thinking about themselves; but after marriage they think about all the family members. The relation between acouple is not like that of two partners, two neighbors or two friends; but it is a combination of all these, and nearly a unification.

The Qur’an mentions this in a beautiful way:

Among His signs is [the fact] that He has created spouses for you from among yourselves so that you may console yourselves with them. He has planted affection and mercy between you; in that are signs for people who things over.[71]

The wordsHe created mates for you from yourselves proves the intensity of the relationship and companionship. Another verse about husband and wife says:

Wives are dress for you and you are also dress for them.[72]

The expression of husband and wife to be clothes of eachother, shows the intensity of marital relations and nearness to each other. Dress is the nearest thing to the body of a person, and it is a necessity, so that it can protect one from heat and cold, cover his defects and impart beauty and comfort. The husband and wife are like this to each other.

Islam pays attention to the base of the family and good relations between husband and wife, and prescribes their duties and rights. The rights and duties of husband and wife can be divided into two parts, the common duties and the special ones. We discuss them in the following pages:

A) The common rights and duties

Rights and duties that both of them, husband and wife, should observe are:

1. Good behavior

There should be good behavior between husband and wife.

The holy Qur’an says:treat your wives kindly. [73] Although the verse addresses men; however, women, have the same duty.

The husband and wife should behave each other with sympathy, good ethics, good behavior, humor, feelings for each other, helping, discipline, justice, truthfulness,trustees of secrets, trustworthy,good willing, and kindness. Traditions also emphasize good behavior of husband and wife.

The holy Prophet (s.a.w.a .) said:

A comprehensive person from the point offaith, is one whose behavior and ethics are good. Your gentle people are those who have good behavior with their wives.[74]

2. Attracting the attention of the Partner

It is the duty of husband and wife to be clean, wear proper clothes, proper haircut and face, and consider the desires of each other. Islam advises women that they should make up for their husbands at home, and wear the best clothes. They should remain clean and tidy and use perfume.

ImamSadiq (a.s .) said that once a woman came to the holy Prophet (s.a.w.a .) and asked: What are the rights of a manon woman? He said:

It is the duty of wife that she should use the best perfumes, wear the best of her clothes, wear the best jewelry, and in this way should present herself in morning and night in front of her husband. Nevertheless the man’s rights are more than this.[75]

The husband has also the same duties towards his wife. He should be clean and tidy, uses perfume and good clothes, maintains his face and head, and lives nicely at home.

Ja’far Ibn Muhammad (a.s .) narrated from the Holy Prophet that he said; “Each of you should prepare yourself for your spouse, in the way woman keeps herself ready for her husband.” ThenJa’far Ibn Muhammad (a.s .) said:It means cleanliness and tidiness should be observed. [76]

The Prophet of Islam (s.a.w.a .) said: “The right of the wife on her husband is that he must arrange food and clothes for her, and should not enter with a dirty appearance. If he does all this he has fulfilled his duty. [77]

Hasan Ibn Jaham says that he sawMoosa Ibn Ja’far (a.s .) had dyed his hair. I said: “ May Ibe sacrificed for you, have you dyed your hair?”

He replied: “ Yes, because preparation of man, increases the chastity of woman. Woman who lost her chastity did so due to her husband who had not prepared himself for his wife.”

Then he said:

Would you like to see your wife in a condition that you yourself don’t like?

“ No” , I replied.

He said: “ Your wife also desires the same. “[78]

3. Sexual Satisfaction

Although sexual satisfaction is not the only purpose of marriage, it is one of the important aims and the basic stimulus for marriage. Good relation of husband and wife is very important for a stable family. Sexual satisfaction is one of the duties of husband and wife. Husband and wife should be prepared for each other. Whenever, one of them has the desire for it; the other should also prepare him/herself and should not excuse.

The holy Prophet (s.a.w.a .) used to say to women:

“ Don’t prolong your Prays so that your husbands’ desire for sex may not get over. “[79]

During intercourse the husband and wife should not think about their personal pleasure only. They should care about the satisfaction of their partners too. Because satisfying the sexual desires has good effect on the relations of the couple, and also makes the base of the family more stable.

Amirul Mo-mineen (a.s .) said:

“ Whenever one of you goes towards your spouse, you should not do it in haste. “[80]

Imam Reza (a.s .) said:

Wife has the same expectation from you as you have from her.[81]

4.Looking after and children and their training

Looking after children and protecting their health, training them physically and spiritually, education and their training is a common duty of mother and father. This requires co-operation, and firmness. Although father has a great responsibility in this regard, the role of mother is more sensitive and formative for the child.

B) Special duties of husband and wife

(A) Duties of the Husband

Man along with the common duties, due to his special creation has special duties; we mention some of them:

(1) Supervision and guarding the Family

In Islam, mastership, guardianship, management of the familyare responsibilities of man.

The Qur’an says:

Men are the ones who should support women since God has given some persons advantages over others, and because they should spend their wealth [on them]. Honorable women are steadfast, guarding the Unseen just as God has it guarded. Admonish those women whose surliness you fear, and leave them alone in their beds, and even beat them [if necessary]. If they obey you, do not seek any way [to proceed] against them, God is Sublime, Great.[82]

Although the affairs of the family should take place through understanding, advice, and co-operation of husband and wife, but this small family like other gatherings, cannot be managed nicely without an effective manager. The families without managers usually don’t get the expected results. On this basis should the wife take up the responsibility and care of the family or the husband should?

As men are more rational than women, and can bear the problems, the responsibility of supervising the family is laid on them.

On the other hand, women are usually more sensitive and sympathetic than many men, and they perform the jobs that require sympathy.

Due to this, the well-being of the family would require the supervision of man, and that the important works of life should be performed by them with advice and capability.

It goes without saying that the supervision of man doesn’t mean that he manages the house with an iron hand and his actions should not be dictatorial, and he should not prevent other family members from expressing their views. Since a manager knows it well that no organization, big or small, can be managed by force and deprivation. Especially the rules of the family should be for peace and comfort, and a place for training of children, who are the future of the country. But it means to supervise the activities, a right plan for managing the family, with advice and exchange of views of the family members, inviting their co-operation, understanding and solving their problems, making decisions and giving the final word in the family arguments.

The responsibilities of man can be divided into three groups:

Supply the family finance, conducting the affairs of the family with advice, exchange of opinion, and control the fiscal balance of the family.

To protect, care, and defend the members of the family.

Supervising religious and cultural affairs of the members of the family, and guiding them for progress and perfection of physical and mental accomplishments, and preventing them from evils of society and bad ethics.

(2) Maintaining Expenditure

In Islam maintaining all the expenses and payments of the family is the responsibility of man.

Is’haq Ibn Ammar questioned ImamSadiq (a.s .) that what was the right of a woman on her husband?

He replied: “ Food, clothes, and to forgive her mistakes.”[83]

(3) Respect and tolerance

It is a duty of man to understand the value of his wife, and consider her a blessing from Allah. He should respect her, and has a tolerance with her in the life, and forgive her errors. He should not be strict and obstinate. Islam considers this a right of woman, and a duty of husband.

ImamSajjad (a.s .) said:

The right of your wife is that you consider her as a source of comfort andpeace from Allah, a blessing from Allah, then respect her.Although you have the right over her, but you should be her hearty companion. You mustarrange food and clothes for her, and if she makes any mistake, forgive her.[84]

(4) The religious and ethical values of the family

It is a duty of man to safeguard the ethical and religious values of his wife. Either he should help her in these matters, or should arrange for her education in this regard. He should care her. He should invite her to good deeds and ethics, and prevent her from bad deeds and bad ethics. Altogether, he should take her away from the fire of hell, and invite her towards Paradise.

This is one aspect of supervising and guidance that is duty of men.

The holy Qur’an says:

You who believe, shield yourselves and your families from a fire whose fuel will be men and stones: over it there [lurk] fierce, stern angels who do not disobey God in anything He commands them [to do]. They do whatever they are ordered to.[85]

(B) Duties of woman towards her husband

Women also have important duties towards their husbands, that some of them are mentioned here through traditions. All the duties are concluded in a short sentence, and that is nice hospitality toward the husband.

Amirul Mo-mineen (a.s .) said:The crusade of woman is that she look well after her husband. [86]

“ Good hospitality” that has come in the tradition is a small sentence but it has a vast meaning, and gathers all thegoodnesses . It can be said that she must look for the well-being of the husband, and accepts her husband as the supervisor, and honor his position. She must consult him in important affairs and obeys his orders. If at times he doesn’t give permission to go out of house, she may not go out. She may change the house into a nice and loving place and encourages her husband with her good behavior, good ethics, and love. She hastens to help her husband in problems and difficulties, and gives him moral support. She is trustworthy with the wealth of the husband, and avoids extravagance and useless expenses. She encourages him in doing good deeds. Wears the best clothes in the house, and does make-up and decoration for her husband, and is always prepared to presentherself to him. She makes efforts in training the children and housework. She is trustworthy, a keeper of secrets and sympathetic…

It can be said that a woman who looks after her husband is like the warriors who are fighting in the way of Allah.

Traditions have emphasized some points:

Obeying the husband in lawful things,

Sleeping with the husband and satisfying his sexual needs.

Trustworthiness and protecting the wealth of the husband;

To observe chastity.

Necessity of getting husband’s permission for going out.

ImamSadiq (a.s .) narrates from the holy Prophet (s.a.w.a .):

“ There is no better blessing for amuslim , after Islamic faith, than a wife who when he looks at her, he becomes happy, and she obeys him and in his absence protects his wealth and chastity.”[87]

Imam MuhammadBaqir (a.s .) said that a woman came to the holy Prophet (s.a.w.a .) and said, “ what is the right of a manon woman?”

He answered, “ She must obey him, and should not be disobedient. She must not give charity from his property without his permission, should not keep recommended fast without his permission, should not prevent him from satisfying his sexual desires, although she might be riding a camel; She may not leave the house without his permission.”[88]

Think and Answer

1. What is the meaning of the words:Wives are dress for you and you are also dress for them?

2. What is the meaning of:and treat them kindly?

3. What are the common duties of husband and wife?

4. What are the special duties of the husband?

5. Why it is the responsibility of the man to pay the family expenses?

6. How is the supervision and leadership of a man?

7. Who is responsible for maintenance?

8. Who is responsible for looking after the religious and ethical issues?

9. What are the duties of a woman towards her husband?

10. What is the meaning of “good hospitality” and when it can be said that she has kept her husband nicely?

8. The Dowry (Mehr ) and its Philosophy

When the sermon of marriage is recited the man gives something to his wife, which in the Islamic terminology is known as Dowry orSedaq . The word Dowry has come in Qur’an, but the word ‘Sedaq ’ is in usage.

The Qur’an says:

Give women their marriage portions with no strings attached. If they themselves waive some of it for you, then consume it at leisure; and with good cheer.[89]

No particular amount of the Dowry is fixed, but it depends upon the mutual agreement of man and woman.

Imam MuhammadBaqir (a.s .) said:

“ Dowry is a thing that man and woman negotiate on it…”[90]

There is also no minimum limit of dowry, but it has come in traditions that it should not be very little.

ImamJa’far Sadiq (a.s .) narrated fromHazrat Ali (a.s .) that he said:

“ I don’t like the dowry be less than tendirhams , so that it would be similar to the money paid to a prostitute.”[91]

There is no maximum limit to dowry also. It is not fixed and there is no problem if it is more, but Islam does not deem it fit for the dowry to be too much and that there should not be competition in it.

Amirul Momineen (a.s .) said:

“ Do not make the dowry very heavy for the woman, and do not do competition in it; it is disallowed.”[92]

Dowry should not be so expensive that the youth may not be able to find resources for marriage; and it is good to be moderate in this matter. By observing the status of the man and woman and the social standard of the family of bride and bridegroom, according to their economic standards, should keep an appropriate dowry according to mutual consent. The type of dowry also doesn’t have any limitations, but every kind of wealth such as gold, silver, land, currency, carpet, utensils, automobile, clothes and any other thing, which can be owned, may be considered as dowry.

Dowry can be cash or credit. It can be the responsibility of the husband or any otherperson, it depends upon the agreement between man and woman.

If it is cash, the woman can demand it before their common living. If man is in the position to pay it, he should do so, and in case he refuses to pay, the wife has the right to remain away from sexual intercourse, and this does notrefrain her right to receive food and clothes.

If the dowry is on credit and a fixed time is stipulated, the woman does not have the right to demand it before that time. If a fixed date is not stipulated, anytime the womandemands, and the man has the capability, he should pay it without any delay.

The real owner of the dowry, whether itbe property or money, is the woman herself. No one, her mother, father, nor herhusband have the right to use it without her permission; the profit accrued from it also belongs to her.

The holy Prophet said:

“ Allah will forgive all the sins, on the Day of Judgment, except those who usurp theMehr of the woman, or do not pay the wage of the worker, or a person who sells a free person as a slave.”[93]

ImamMoosa Ibn Ja’far (a.s .) was asked whether the father of the girl could utilize the dowry of the girl? He said:

“ No. He does not have such a right.”[94]

Therefore dowry is a debt of the husband, which upon request, should be paid at the earliest possible time.

ImamSadiq (a.s .) was asked about a man who had married a woman, but had no intention of paying the dowry. He said that that act would have been counted as fornication.[95]

ImamSadiq (a.s .) said:

“ One who fixes the dowry for his wife, but does not have the intention to pay it, is like a thief.”[96]

ImamSadiq (a.s .) narrated from the holy Prophet (s.a.w.a .) that he said:

Whoever does not pay the dowry of his wife, will be counted as a fornicator. The Almighty Allah will tell him on the Day of Judgment: “ I madeMy servant marry you, on your word (promise), but you did not fulfill it, and did injustice on My servant. Then the same amount will be taken from the husband, as is equivalent to the right of the woman, and will be given to her. And if no goodness remains in the account of the man, it will be ordered: Throw him into the fire of hell, because he did not fulfill his promise. And the oaths will be questioned.”[97]

The Philosophy of Dowr y

One may ask about the necessity of dowry and say that man and woman, from the sexual point of view, need eachother, and they get attracted to each other and marry. Then what is the meaning of dower? By the legislation of dowry the woman is humiliated and she becomes almost a commodity. Man takes her like a slave by payment of dowry.

To explain its philosophy we point out towards two important things:

1) Although man and woman in sexual affairs need each other, each of them has a specialty.

One of the characteristics of woman is her softness and beauty, and because of this men are attracted towards her. The important factor of attraction is the beauty of the woman and man pays attention to it. Woman knows this fact, and for this reason she tries to look more beautiful for her husband and attracts him more.

The second characteristic of the woman is that although she has sexual desires and inner motive to men, she shows herself reluctant and does not attend the man. She wants to create love in the heart of man and wants him to be fascinated to her. The woman gets pleasure from make-up, showing herself loving, and pretty actions. She desires to occupy the heart of the man and his love.

However, man is surrounded to his sexual desires and cannot hide his inner feelings and therefore, he approaches the woman. As he knows that the woman wants his love and interest, he discloses his love and attraction to her and accepts her pretty actions and lovely acts. He spends money end, buys gift for her.Arranges the party to celebrate the marriage. The agreement of dowry is one of the resources for man to prove his inner interest. To accord the respect of his wife and to attract her heart, he presents something as dowry (gift). The Qur’an also says the same thing regarding dowry. It is mentioned under the word “Nahla ” , which means a “ gift” or a “ present” This was a benefit and Philosophy of dowry.

2) Dowry gives to woman a sense of peace and confidence, to enable her to perform the duties made on her by nature. Although man and woman, at the time of marriage, promise each other to remain loyal and co-operative in training and maintaining the children, sometimes although the man does not perform his duty and refuses to bear the expense of life and education of children, Nature has put special responsibilities on woman and she cannot disregard them.

Man is like a farmer, and the woman is like a farm. Man puts the sperm in the womb, and after that he is naturally free. Although from the viewpoint of religion, law, and ethics, he has responsibility to protect his wife and children, but there is no natural, bind on him, and leaving the pregnant wife, he may go away. Although not many cases, but there is such a possibility, and we see examples of such men.

But woman is not free as man. She has to bear the difficulties of pregnancy, delivery, and the problems after that. After the delivery, she cannot throw away the newborn baby, which is weak and sinless, or keep it hungry. She has to feed it and look after it. Due to motherly emotions and affection for the child, she pays attention to the child and cannot leave it. She has to look after the baby.

Now, during this period living expenses for house, food and clothes are required. In such a situation, what should a helpless woman do? Women are naturally worried about such a situation.

Maybe one of the reasons for dowry would be for peace and security of women in such events. If dowry is a property or cash, the wife can take it and keep it safe for such events, and if it is a credit, she can demand it.

Thus dowry can be said to be a source of pleasing the woman and a security for marriage.

ImamSadiq (a.s .) said:

The reason why dowry (Gift) is on man and not on the woman, although the work of both is same, is that man takes sexual pleasure from the woman and gets up; and doesn’t wait for the rest. That is why dowry is on man, and not on the woman.[98]

Think and Answer

1. Is dowry (Gift/Mehr ) is mentioned in Qur’an?

2. How much dowry is to be paid?

3. How much dowry is recommended?

4. What can be given as dowry (gift)?

5. What does Islamadvise aboutMehr ?

6. While choosing dowry, where does the interests of the woman lie?

7. Is it possible for man not pay dowry?

8. Who has the right to use the dowry?

9. To whom does the profit of dowry belong?

10. What is the first philosophy of establishment of dowry?

11. What is the second philosophy of dowry?