An Introduction To The Rights And Duties Of Women In Islam

An Introduction To The Rights And Duties Of Women In Islam0%

An Introduction To The Rights And Duties Of Women In Islam Author:
Translator: Abuzar Ahmadi
Publisher: ABWA Publishing and Printing Center
Category: Woman

An Introduction To The Rights And Duties Of Women In Islam

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

Author: Ayatullah Ibrahim Amini
Translator: Abuzar Ahmadi
Publisher: ABWA Publishing and Printing Center
Category: visits: 8680
Download: 3897

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An Introduction To The Rights And Duties Of Women In Islam
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An Introduction To The Rights And Duties Of Women In Islam

An Introduction To The Rights And Duties Of Women In Islam

Author:
Publisher: ABWA Publishing and Printing Center
English

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

Marriage and its Merits

The family is a small social unit that begins with the union of husband and wife and is fortified with the birth of children. Marriage is a natural need for humans, which is sanctioned by pronouncing the formula of the marriage contract (the marriage vows).

Islam assigns great importance upon establishing the family and regards it as a holy event. Various Hadith consider family the finest institution in existence. Imam Muḥammad Bāqir (‘a) has cited from the Prophet of Allah (ṣ):

عن أبی جعفر (ع) قال: رسول الله (ص): ما بُنِي بناء فی الإسلام أحبّ إلی الله عزوجل من التزویج

No institution has been established in Islam that is more loved by Allah, the Honored, the Glorified, than marriage.[65]

Imam Ṣādiq (‘a) has cited from the Prophet of Allah (ṣ):

عن أبی عبدالله (ع) قال: قال رسول الله (ص): ما من شیء أحبّ إلی الله من بیت یعمر فی الإسلام بالنکاح، و ما من شیء أبغض إلی الله من بیت یخرب فی الإسلام بالفرقه، یعنی الطلاق

Nothing is more loved by Allah than a house that is populated through marriage and nothing is more hated by Allah than a house that is broken through separation (i.e. divorce).[66]

Marriage is an invaluable Islamic tradition, the necessity of which the Holy Prophet (ṣ) and Immaculate Imams (‘a) have emphasized. Amīr al-Mu’minīn (‘a) has declared:

قال أمیر المؤمنین (ع): تزوّجوا فإنّ رسول الله (ص) قال: من أحبّ أن یتّبع سنّتي فإنّ من سنّتي التزویج

Marry because the Prophet of Allah (ṣ) has stated: Those who wish to follow my traditions must know that marriage is one of them.[67]

The Prophet of Allah (ṣ) has stated:

قال رسول الله (ص): النکاح سنّتي فمن رغب عن سنّتي فليس منّی

Marriage is my tradition and whoever forsakes my tradition is not of me.[68]

Islam does not regard marriage (and procreation) as an animalistic deed and it does not enjoin its followers to monastic existence and abandonment of marriage. On the contrary, it regards it as a way of purification [tazkiyah] and edification [tahdhīb] of the soul, abstinence from sin, and proximity to Allah. Imam Ṣādiq (‘a) has stated:

قال أبوعبدالله (ع): رکعتان یصلّیهما المتزوّج أفضل من سبعین رکعة یصلّیها عزب

Two rak‘ats[69] prayer of a married person is superior to seventy rak‘ats prayer of an unmarried person.[70]

The Holy Prophet (ṣ) has stated:

قال النّبی (ص): رکعتان یصلّیهما متزوّج أفضل من رجل عزب یقوم لیله و یصوم نهاره

Two rak‘ats prayer of a married person is superior to the worship of an unmarried man who spends his nights in prayer and his days in fast.[71]

Imam Ṣādiq has cited from the Prophet of Allah (ṣ):

عن أبی عبدالله (ع) قال: قال رسول الله (ع): رُذّال موتاکم العزّاب

The worst of your dead are those who die without marrying.[72]

Marriage and establishing a family is valuable according to Islam and has many merits, some of which are explained below.

1. Instrument of Love and Friendship

In this turmoil imbued life we humans require peace, tranquility, and love. We all need a sympathetic confidant, supporter, and well-wisher who we can love and enjoy his or her sincere love, aid, and support in return. We each need a person who can be our partner in life - someone who is loyal, kind, and sympathetic in health and sickness, in prosperity and hardship, in happiness and despondency, in wealth and poverty, and by and large in all circumstances.

Who is better for meeting this need than a spouse and what place is better than the warm camaraderie of family. Allah, the Exalted, states in the Quran:

وَمِنْ آيَاتِهِ أَنْ خَلَقَ لَكُم مِّنْ أَنفُسِكُمْ أَزْوَاجًا لِّتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُم مَّوَدَّةً وَرَحْمَةً إِنَّ فِي ذَلِكَ لَآيَاتٍ لِّقَوْمٍ يَتَفَكَّرُونَ

“And of His signs is that He has created for you, from yourselves, spouses that you may gain peace through them and He has set among you love and compassion. Surely in this there are signs for thoughtful people.”[73]

2. Instrument of Continence and Immunity from Sin

Humans naturally require sexual relations and release. Controlling sexual desires is challenging if they are not satisfied legitimately and they draw a person to deviation and sin. Thus, marriage is the best and healthiest implement for satisfying natural sexual instincts and immunization against deviation. The Prophet of Allah (ṣ) has stated:

قال رسول الله (ص): من أحبّ أن یلقی الله طاهراً مطهراً فلیَلْقَه بزوجة

Whoever wishes to meet Allah pure and immaculate must marry.[74]

The noble Imam Ṣādiq (‘a), has cited from the Prophet of Allah (ṣ):

عن أبی عبدالله (ع) قال: قال رسول الله (ص): من تزوّج أحرز نصف دینه

Whoever gets married has guarded half of their religion.[75]

Noble Mūsā ibn Ja‘far (‘a) has cited from his forefathers who cited from the Prophet of Allah (ṣ):

موسی بن جعفر (ع)، عن النبیّ (ص)، قال: ما من شابّ تزوّج فی حداثة سنّه إلّا عجّ شیطانه: یا ویلاه، یا ویلاه، عَصَم منّي ثلثي دینه، فلیتّق الله العبد في الثلث الباقي

When someone marries when they are young, their devil cries: ‘Woe unto me! Woe unto me! This youth has protected two thirds of their religion from me. So for the remaining third this person must fear Allah and be His devout servant.’[76]

3. Instrument of Physical and Mental Health

Sexual desires and release are natural needs that bring about physical and mental health. Control and suppression of these needs strain the psyche and damage one’s equilibrium. The origin of many mental disorders such as depression, despair, anxiety, phobia, pessimism, nihilism, distrust, and anger may be suppression of sexual instincts. Thus, timely marriage and legitimate sexual fulfillment can be considered a key factor in physical and mental health. The Prophet of Allah (ṣ) has stated:

قال رسول الله (ص): زوّجوا أیاماکم؛ فإنّ الله یحسن لهم أخلاقهم، و یوسّع لهم فی أرزاقهم، و یزیدهم فی مروّاتهم

Wed unto each other your unmarried men and women; for then surely Allah shall improve their behavior, expand their livelihood, and increase their humaneness.[77]

4. Increase in the Well-being of the Social Environment

If individuals marry at the outset of their maturity, they shall love and depend on their families and become immune to many types of moral corruption. As a result, the statistics relating to rape, taking advantage of girls and women, fornication, sexual acts with members of the same sex, masturbation, and even addiction, murder, theft, and many other crimes will plummet. Timely marriage has a great effect upon the health and security of the environment. This is why Islam advises parents and caregivers to prepare the means of marriage for those who have not yet married. The Quran states:

وَأَنكِحُوا الْأَيَامَى مِنكُمْ وَالصَّالِحِينَ مِنْ عِبَادِكُمْ وَإِمَائِكُمْ إِن يَكُونُوا فُقَرَاء يُغْنِهِمُ اللَّهُ مِن فَضْلِهِ وَاللَّهُ وَاسِعٌ عَلِيمٌ

“And join your single men and women and your righteous bondservants in matrimony. If they are poor, Allah will enrich them of His bounty. And Allah is the Facilitator, the Omniscient.”[78]

The Prophet of Allah (ṣ) has declared:

عن النبیّ (ص) قال: من حقّ الولد علی والده ثلاثة: یُحسِّن اسمه، و یعلّمه الکتابة، و یزوّجه إذا بلغ

A father has three duties toward his children: he must give them worthy names, teach them literacy, and wed them when they mature.[79]

5. Procreation

Islam favors procreation and regards it as an important objective of marriage. Imam Muḥammad Bāqir (‘a) has cited from the Prophet of Allah (ṣ):

عن أبی جعفر (ع)، قال: قال رسول الله (ص): ما یمنع المؤمن أن یتّخذ أهلاً؛ لعلّ الله یرزقه نسمة تثقل الارض بلا اله الّا الله

What is wrong with a believer taking a spouse; it may be that Allah provides them with a child that vitalizes the world with (speakers of the adage of monotheism:) lā ilāha illallāh.[80]

The Prophet of Allah (ṣ) has stated:

قال النبیّ (ص): تناکحوا تکثروا؛ فإنّي أباهي بکم الأمم یوم القیامة و لو بالسقط

Marry so you increase because surely I shall take pride in you, among the civilizations, on the Day of Judgment, even (counting) miscarriages.[81]

6. Pleasure and Sensuality

An important merit of marriage is legitimate sexual pleasure and gratification. Sexual acts bring about one of the highest of worldly pleasures and, according to Islam, are not only decent and legitimate acts if done with the intention to become closer to Allah [qaṣd-e qurbat] but also good deeds that have rewards [thawab]. Furthermore, sexual relations are even obligatory in some circumstances.

Conditions of the Marriage Contract

Marriage is a sacred contract that is realized with the synthesis of several factors:

1. Consent of the man and woman

2. Permission of the woman’s father or grandfather (assuming that she is previously unwed)

3. Determination of the Mahr (Mahr can be real estate, cash, credit, or any other type of property, whether abundant or meager)[82]

4. Vocalization of the marriage formulas (by the man and woman or their representative - someone who is acquainted with the Arabic language)

After vocalization of the marriage formulas (marriage vows), the individual lives of the woman and man turn into familial life, and thus the man and woman gain new responsibilities.

Mutual Rights and Responsibilities of Spouses

According to Islam, the family is a small social unit that makes up the society. This small unit is formed of a woman and a man and is extended by producing children. Members of a family have a close relationship and common goals and interests. The happiness of each member depends on the happiness of the whole family. After marriage, men and women must consider all the members of the family not only their individual selves. The relationship between a husband and wife is not like that of neighbors or friends; it is much more extreme - on the verge of unity. The Quran expresses this nicely:

وَمِنْ آيَاتِهِ أَنْ خَلَقَ لَكُم مِّنْ أَنفُسِكُمْ أَزْوَاجًا لِّتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُم مَّوَدَّةً وَرَحْمَةً إِنَّ فِي ذَلِكَ لَآيَاتٍ لِّقَوْمٍ يَتَفَكَّرُونَ

“And of His signs is that He has created for you, from yourselves, spouses that you may gain peace through them and He has set among you love and compassion. Surely in this there are signs for thoughtful people.”[83]

The statement, ‘He has created for you, from yourselves, spouses’, indicates the intensity of the connection and relationship. In another verse regarding husbands and wives it states:

...هُنَّ لِبَاسٌ لَّكُمْ وَأَنتُمْ لِبَاسٌ لَّهُنَّ ...

“They (women) are a garment for you (men) and you are a garment for them.”[84]

Portrayal of wives and husbands as one another’s clothing reflects their close connection and relationship since clothes are the closest of things to one’s body and are greatly needed in order to protect one from heat and cold, to cover imperfections, and confer tranquility and beauty. Husbands and wives are also such in respect with each other and must necessarily be so.

Islam greatly favors fortification of the structure of family and decent relations between spouses, and thus it has designated specific rights and responsibilities for each. These rights and responsibilities may be summarized within two main categories: common and exclusive. Both of these categories will be elucidated in the succeeding sections.

Common Rights and Responsibilities

The rights and responsibilities that pertain to both husband and wife are as follows:

1. Sociability

Wives and husbands must behave properly with one another and observe fine etiquette. The Quran declares:

...وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ ...

“And consort with them (your wives) in honor and equity [ma‘rūf].”[85]

The word ma‘rūf, which has been used in this sentence, is the opposite of munkar (meaning wicked) and means behavior that is approved by both reason and religion. Even though this verse is addressed to men, women also hold this obligation.

Husbands and wives must be kind, well-mannered, cordial, cheerful, compassionate, helpful, sympathetic, courteous, just, truthful, supportive, trustworthy, loyal, well-wishing, and polite with one other. Various Hadith also emphasize sociability and geniality between spouses. The Prophet of Islam (ṣ) has stated:

عن النبیّ (ص)، قال: أکمل المؤمنین إیماناً، احسنهم خلقاً، و خیارکم خیارکم لنسائه

The most complete persons in faith are those who have the best manners and the good among you are those who are good with their wives.[86]

2. Attracting the Attentions of One’s Spouse

Husbands and wives must observe each other’s desires in cleanliness, clothing, the style of their hair and beard, etc. Islam advises women at home to apply cosmetics and adorn themselves for their husbands, wear their best clothes, be neat and clean, and apply fragrant perfumes. Imam Ṣādiq (‘a) has declared:

عن أبی عبدالله (ع) قال: «جاءت امرأة إلی رسول الله (ص)، و قالت: یا رسول الله! ما حقّ الزوج علی المرأة؟» - فی حدیث إلی أن - قال: و علیها أن تتطیّب بأطیب طیبها، و تلبس أحسن ثیابها، و تتزیّن بأحسن زینتها، و تعرض نفسها علیه غدوة و عشیّة، و أکثر من ذلک حقوقه علیها

A woman came to the Prophet of Allah (ṣ) and asked, ‘What are the rights of a husband regarding his wife?’ He replied, ‘Her duty is to perfume herself with the best scenting of her perfumes, and to dress in the nicest of her attires, and adorn herself with the finest of her adornments, and thus offer herself to her husband morning and night; and more than these are his rights regarding her.[87]

A man also has these responsibilities toward his wife; he must be neat and clean, perfumed and well-dressed, he must style his hair and face regularly, and make himself handsome for his wife. Imam Ja‘far ibn Muḥammad (‘a) has cited the Prophet of Allah (ṣ) through his fathers:

جعفر بن محمد، عن أبیه، عن جدّه علی بن الحسین، عن علیّ (ع)، قال: قال رسول الله (ص): «لیتهیّأ أحدکم لزوجته کما تتهیّأ زوجته له» - قال جعفر بن محمّد (ع): - یعنی یتهیّأ بالنظافة

‘Each of you must prepare yourselves for your wives; just as your wives prepare themselves for you.’ Then Imam Ja‘far (‘a) stated, ‘This means that each of you must be neat and clean.’[88]

The Prophet of Allah has stated:

قال النبیّ (ص): حقّ المرأة علی زوجها أن یسدّ جوعتها، و أن یستر عورتها، و لا یقبح لها وجهاً، فإذا فعل ذلک فقد و الله أدّیٰ حقّها

The rights of a wife regarding her husband are that he must provide her nourishment and clothing and must not appear to her with an ugly appearance. If he does these, by Allah, surely he has satisfied her rights.[89]

Ḥasan ibn al-Jahm has said:

حسن بن الجهم، قال: رأیت أبالحسن (ع) اختضب، فقلت: - جعلت فداک - أختضبت؟ فقال: «نعم، إنّ التهیئة ممّا یزید فی عفّة النساء، و لقد ترک النساء العفّة بترک أزواجهنّ التهیئة»، - ثمّ قال: - «أيسرّک أن تراها علی ما تراک علیه إذا کنت علی غیر تهیئة؟» قلت: لا. قال: فهو ذلک

I saw Imam Mūsā ibn Ja‘far (‘a) who had dyed his hair. I said, ‘May I be sacrificed for you! You have dyed your hair!?’ He replied, ‘Yes. Surely the preparations of a husband for his wife increases her modesty [‘iffat]. Truly some women have abandoned their modesty because their spouses abandoned preparation.’ Then he asked, ‘Do you like to see your wife the way you appear to her when you have not prepared yourself?’ I answered, ‘No.’ He declared, ‘She feels the same.’[90]

3. Pleasure and Gratification

Even though seeking pleasure and sexual gratification is not the whole aim of marriage, it is one of the chief goals and initial motivators for marriage and has a considerable effect in strengthening the structure of the family and preserving a good relationship between spouses. Hence, gratification is one of the responsibilities of husbands and wives. Husbands and wives must be prepared to give each other sexual pleasure and gratification. Whenever one party is inclined to sexual acts, the other must prepare themselves and not bring excuses. The Prophet of Islam (ṣ) would instruct women as follows:

أبو بصیر عن أبی جعفر (ع) قال: قال رسول الله (ص) للنساء: لا تطولنّ صلاتکنّ لتمنعنّ ازواجکن

Do not lengthen your Salāt to forestall your husbands (from sexual pleasure).[91]

Husbands and wives must not only think about their own pleasure in lovemaking; rather, they must also consider their partner’s pleasure and gratification. This is because regular sexual satisfaction has a significant effect on good relations between spouses and bolsters the constitution of their family. Addressing men, Amīr al-Mu’minīn (‘a) has declared:

عن علیّ (ع) قال: قال رسول الله (ص): إذا أتی أحدکم امرأته فلا یعجلها

Whenever you approach your wives, do not hurry (in lovemaking).[92]

According to a Hadith, Imam Riḍā (‘a) has stated:

عن الرضا (ع) - فی حدیث إلی أن - قال: و اشتهت منک مثل الذی تشتهیه منها

Your wives expect from you similar to that which you expect from them.[93]

4. Rearing and Edifying Children

Caring for children, providing for their health, training their bodies and souls, and educating them in knowledge and morality are shared duties of fathers and mothers. This necessitates their cooperation and mutual deliberation and diligence. A father has a greater responsibility in this matter, but the role of a mother is more sensitive and constructive.

Exclusive Duties of Husbands and Wives

a. Men’s Obligations

In addition to their common duties, due to their particular genesis, men have specific responsibilities, some of which are enumerated herein:

1. Supervision of the Family

In Islam, the responsibility of guardianship, supervision, and management of the family have been set on the shoulders of men. Allah, the Exalted, has stated in the Holy Quran:

الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاء بِمَا فَضَّلَ اللّهُ بَعْضَهُمْ عَلَى بَعْضٍ وَبِمَا أَنفَقُواْ مِنْ أَمْوَالِهِمْ فَالصَّالِحَاتُ قَانِتَاتٌ حَافِظَاتٌ لِّلْغَيْبِ بِمَا حَفِظَ اللّهُ ...

“Men are the protectors and supervisors of women because of the advantage Allah has given some over others and because they support them from their means. Therefore righteous women are those who are humble and who guard (in their husband’s presence and absence) his rights and secrets, which Allah has ordained to be guarded.”[94]

Family affairs must be performed by mutual agreement, consultation, and cooperation of the husband and wife; however, this small society, like any other society, cannot run well without a prudent and influential supervisor and manager. Most families that lack a manager do not have a desirable situation. Hence, either the wife must take on the responsibility of supervising and safeguarding the family or the husband.

Again due to the particular genesis of men and women, since most men are generally more rational, as opposed to emotional, than women; are more prepared to manage and supervise the family; and are better equipped to bear hardships, the burden of supervising the family has been set on their shoulders. Conversely, women are more emotional and passionate than men. Therefore, it is in the best interests of the family that women accept the supervision of men and perform important affairs after consulting with their husbands and, in the event of a disagreement, accept their husbands’ judgment.

It must be noted that male supervision does not mean that the man can selfishly manage the family by exploiting his power and do whatever he wants and prohibit other members of the family from expressing their opinions. This is because a prudent manager and supervisor knows very well that no institution, great or small, may be administrated by force and selfishness; especially in view of the fact that the household must be a place of peace, tranquility, and nurturing for the children who are to be the future architects of the society. In point of fact, the intent of male supervision is that correct planning for administrating the family must be first and foremost and these plans must be made through consultation and an exchange of views of other members of the family; through procuring their cooperation in managing affairs; through coming to a mutual understanding in decisions and resolving problems; and finally, having the last word in disagreements.

The supervisory duties of men may be summarized in three categories:

1. Providing for the expenses of the family, making plans through consultation, and managing the incomes and expenditures of the family

2. Safeguarding, protecting, and looking after all members of the family

3. Overseeing religious, moral, and cultural issues of family members, guiding them towards improvement and spiritual and physical development, and preventing social and ethical corruption within the family

2. Providing Financial Support [nafaqah]

In Islam, it is a man’s duty to provide for all living expenses of the family. Isḥāq ibn ‘Ammār asked the noble Imam Ṣādiq (‘a):

سأل إسحاق بن عمّار أباعبدالله (ع) عن حقّ المرأة علی زوجها قال: «یشبع بطنها، و یکسوها، و إن جهلت غفر لها

‘What are the rights of a wife upon her husband?’ He replied, ‘He must fill her stomach and provide her clothing and if she makes a mistake, he must forgive her.’[95]

3. Honor, Gentleness, and Lenience

A man must be appreciative of his wife and regard her as a blessing from God. He must honor her, be gentle with her, forgive her mistakes, and refrain from strictness and stubbornness. Islam regards this attitude a wife’s right and a husband’s duty. Imam Sajjād (‘a) has stated:

قال علیّ بن الحسین (ع): و أمّا حق الزوجة: فأن تعلم أنّ الله جعلها سکناً و أُنساً، فتعلم أنّ ذلک نعمة من الله علیک فتکرمها و ترفق بها، و إن کان حقّک علیها اُوجب، فإنّ لها عليک أنّ ترحمها؛ لأنّها أسيرتک، و تطعمها و تکسوها، و إذا جهلت عفوت عنها

The rights of a wife are that you must know that Allah has made her (an instrument of) peace and friendship; then you must know that she is a blessing from Allah upon you, so honor her and be lenient and gentle with her. Even though you also have rights upon her, you must be kind and forgiving toward her because she is captivated by you. And you must provide her food and clothing and when she makes a mistake, you must forgive her.[96]

4. Religious and Moral Guidance

Men are obligated to make provision for religious, ethical, and belief related issues of their wives. Either they must help them in this matter themselves, or they must provide the instruments for their learning. A man must be careful of his wife’s morality and conduct. He must encourage her to virtuous deeds and praiseworthy behavior and dissuade her from evil deeds and indecent behavior. In short, he must free her from the fires of Hell and invite her to Heaven.

This is one of the results and requirements of supervision, which is the responsibility of men. The Quran proclaims:

يَا أَيُّهَا الَّذِينَ آمَنُوا قُوا أَنفُسَكُمْ وَأَهْلِيكُمْ نَارًا وَقُودُهَا النَّاسُ وَالْحِجَارَةُ ...

“O people of faith! Save yourselves and your families from the Fire whose fuel is humans and stones.”[97]

b. Women’s Obligations

Women also have heavy responsibilities towards their husbands, some of which have been indicated in various Hadith. All these responsibilities can be epitomized in one phrase: taking good care of one’s husband. Amīr al-Mu’minīn (‘a) has stated:

قال علیّ (ع): جهادُ المرأة حُسن التّبعُّل

The jihad of a woman is taking good care of her husband.[98]

The phrase حُسن التّبعُّل (taking good care of one’s husband) in this Hadith is a concise term, however, it has an extensive meaning and encompasses all virtues. Regarding a woman who takes good care of her husband, it can be said:

She accepts the supervision and administration of her husband and defends and supports it. She guards her husband’s station in the family and among the children. She consults with him in important issues. She obeys his commands. If in some circumstances he deems it unwise that she leaves the house and does not permit it, she acquiesces. With good manners, virtuous behavior, and kindness she heartens her husband and turns her home into a focus of serenity and love. In times of trouble and difficulty she aids her husband and consoles and encourages him. She is trustworthy of her husband’s property and avoids waste, extravagance, and thriftlessness. She encourages him to do good deeds. At home she wears her best and most attractive clothes; she adorns herself and applies cosmetics as her husband wishes, and shows her willingness and inclination openly and at all times. She works hard to manage the household and train the children well. She to faithful in her husband’s secrets, trustworthy, loving, compassionate, etc.

It can be said regarding such a woman that she takes good care of her husband and her actions are on the same tier as Holy Jihad.

In Hadith several issues are greatly emphasized:

1. Obeying one’s husband in religiously permissible issues

2. Submission to one’s husband in sleeping together, sexual pleasure, and lovemaking; except where religiously prohibited

3. Trustworthiness and preservation of the property of one’s husband

4. Preserving one’s modesty and chastity

5. Getting permission from one’s husband in exiting the house

Imam Ṣādiq (‘a) has cited the Prophet of Allah (ṣ) through his fathers:

عن أبی عبدالله (ع) عن آبائه (ع) قال: قال النبیّ (ص): ما إستفاد امرئ مسلم فائدة بعد الإسلام أفضل من زوجة مسلمة تسرّه إذا نظر إلیها، و تطیعه إذا أمرها، و تحفظه إذا غاب عنها فی نفسها و ماله

No Muslim man has gained more benefit after becoming Muslim than through a Muslim wife who gives him a feeling of happiness when he looks at her, and obeys him when he gives her a command, and guards herself and his property when he is absent.[99]

Imam Muḥammad Bāqir (‘a) has stated:

عن أبی جعفر (ع) قال: جاءت امرأة إلی النبیّ (ص) فقالت: یا رسول الله! ما حق الزوج علی المرأة؟ فقال لها: أن تطیعه، و لا تعصیه، و لا تصدّق من بیته إلّا بإذنه، و لا تصوم تطوّعاً إلّا بإذنه، و لا تمنعه نفسها و إن کانت علی ظهر قتب، و لا تخرج من بیتها إلّا بإذنه

A woman came to the Prophet (ṣ) and said, ‘O Messenger of Allah! What are the rights of men upon their wives?’ He replied, ‘She must obey him and not be disobedient. She must not give charity from his house without his permission. She must not perform voluntary fasts without his permission. She must not deny him her body, even if she is on the back of a camel. And she must not exit her home without his permission.[100]

The Mahr of Women and its Philosophy

When the marriage vows are recited, the husband gives his wife a gift that is called Mihr or Ṣadāq. The word Mihr does not appear in the Holy Quran, however, the word Ṣadāq has been employed. The Quran states:

وَ آتُواْ النَّسَاء صَدُقَاتِهِنَّ نِحْلَةً فَإِن طِبْنَ لَكُمْ عَن شَيْءٍ مِّنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَّرِيئًا

“And give unto women their Ṣadāq willingly and if they freely remit any part of it to you, consume it in pleasure and delight.”[101]

No specific amount has been determined for Ṣadāq - it is a matter that is decided by mutual agreement between the woman and man. Imam Bāqir (‘a) has stated:

قال ابو جعفر (ع): الصداق ما تراضیا علیه من قلیل او کثیر، فهذا الصداق

Ṣadāq is something that the betrothed agree upon, whether slight or considerable.[102]

There is no minimum amount set for Mahr although various Hadith suggest that it not be excessively low. Imam Ṣādiq (‘a) has cited Imam ‘Alī (‘a) through his forefathers:

جعفر بن محمّد، عن آبائه، عن علیّ (ع) قال: إنّی أکره أن یکون المهر أقلّ من عشرة دراهم؛ لئلّا یشبه مهر البغی

I do not like Mahr to be less than ten dirham, so it does not resemble the payment of a prostitute.[103]

Additionally, no maximum amount has been specified for Ṣadāq. Even though a high Mahr is not forbidden, Islam does not regard setting high Mahr and competing in Mahr to be prudent and has advised against it. Amīr al-Mu’minīn (‘a) has declared:

عن علیّ (ع) قال: لاتغالوا بمهور النساء فتکون عداوة

Do not set substantial Mahr for women and do not compete in its excess for this causes enmity.[104]

We must not be so uncompromising in determining Mihr so as to hamper the marriage of young adults. We must refrain from excess and determine an appropriate and moderate Mahr that befits the standing of engaged couples and the social station of their families and is also compatible with the financial means of the husband-to-be.

Furthermore, there is no limitation in the type of Mahr - it can be any type of property; such as gold, silver, real estate, currency, domestic appliances, carpets, dishes, cars, clothes, and any other thing that can be owned. However, it is in the good interests of the woman that, if feasible, she sets her Mahr to be real estate, gold, silver, and such. This is so its worth does not decrease over time and can be her reserve.

Mahr can be either granted immediately or be given on credit. It can be the responsibility of the husband or any other person who agrees to pay it, and depends on the mutual agreement of the couple.

If the Mahr was agreed to be paid on demand, the woman may request it before consummation of her marriage. If the husband has the means to pay it, he must do so. If he declines, the wife may abstain from sexual relations. This refusal is not considered nushūz[105] and thus her husband cannot withhold her financial support.

If the Mahr is on credit and a specific time has been agreed for reimbursement, the woman may not demand it before its time and if no date has been set, the wife may ask for it at any time. If the husband has the means to pay, he must immediately do so.

The true owner of Mahr, regardless of the type of property, is the wife. No one has the right to use or take possession of her property without her consent; even her father, mother, or husband. The profits of a woman’s properties also belong to herself. The Prophet of Allah (ṣ) has stated:

قال رسول الله (ص): إنّ الله لیغفر کلّ ذنب یوم القیامة إلّا مهر إمرأة، و من اغتصب أجیراً أجره، و من باع حرا

Surely Allah will forgive any sin on the Day of Resurrection save the sin of one who misappropriates the Mahr of a woman or the wages of a hired person, or who sells a free person (as a slave).[106]

It was asked of Imam Mūsā ibn Ja‘far (‘a):

احمد بن ابی نصر قال سأل ابوالحسن الاول (ع) عن الرجل یزوج ابنته، اله ان یأکل صداقها؟ قال: لا، لیس ذلک له

‘May a father consume the Mahr of his daughter?’ He replied, ‘No, he does not have such right.’[107]

If Mahr is on credit and the responsibility of the husband, he must pay it on demand and as soon as possible.

Regarding a man who had married a woman but did not intend to pay her Mahr, Imam Ṣādiq (‘a) declared:

فضیل بن یسار، عن أبی عبدالله (ع) في الرجل یتزوّج المرأة و لا یجعل فی نفسه أن یعطیها مهرها: فهو زنا

This is [considered] fornication.[108]

Imam Ṣādiq (‘a) has also declared:

عن أبی عبدالله (ع) قال: من أمهر مهراً ثمّ لا ینوی قضاءه کان بمنزلة السارق

He who designates Mihr for his wife but does not intend to honor it is equivalent to a thief.[109]

The noble Imam Ṣādiq (‘a) thus cited the Prophet of Allah through his forefathers:

عن الصادق، عن آبائه (ع) عن النبیّ (ص) – فی حدیث المناهي – قال: من ظلم امرأة مهرها فهو عند الله زنا، یقول الله عزّوجلّ یوم القیامة: عبدی! زوّجتک أمتي علی عهدي فلم توف بعهدي، و ظلمت أمتی. فیؤخذ من حسناته فیدفع إلیها بقدر حقّها، فإذا لم تبق له حسنة، أمر به إلی النار بنکثه للعهد، إنّ العهد کان مسؤلا

He who wrongs his wife regarding her Mahr is considered by Allah a fornicator. On the Day of Judgment, Allah, the honored, the glorified, shall say unto him: ‘O servant! I married My servant unto you according to My covenant; however, you were not faithful to My covenant and oppressed My servant.’ Therefore, He shall take his benefactions and good deeds [ḥasanāt] as much as is her right and give them unto her and if he is left with no benefactions, He will order him cast into the Fire because he did not honor his pledge and surely all will be questioned regarding their pledges.[110]

The Philosophy of Mahr

Some may question the legislation [tashrī‘] of Mihr and declare: ‘Men and women physically and instinctually need each other. Because of this they are attracted to one another and consequently get married. Taking this into consideration, what is the reason for Mahr? With the legislation of Mahr women are debased and downgraded to the level of a trade commodity. Men buy women with Mihr like one buys a slave.’

In answer, it must be said: In Islam neither are women considered commodities or slaves, nor is Mahr deemed a trade price; rather, Mihr is a gift or endowment that a husband bestows upon his wife in order to revere her and demonstrate his devotion to her.

In order to explicate the issue and further clarify the philosophy of the legislation of Mihr two points shall be enumerated.

First point: Even though men and women physically need each other and naturally desire one another, each of them has special characteristics:

One characteristic of women is their delicacy and beauty which is one aspect of men’s attraction to them. The most important factor of women’s influence is their beauty; something for which men have a unique regard. A woman intrinsically [fitrī] understands this and thus utilizes various means of beautification and adornment in order to appear more beautiful and penetrate deeper into a man’s heart.

A second quality of women is that even though they have sexual needs similar to men, they are stronger in masking their instinctive desires. They appear free from desires and usually do not propose to men. A woman prefers to permeate the heart of a man and cause him to become enamored with her so that he asks for her hand in marriage. Makeup, flirtatiousness, coyness, and coquettishness of women originate from this issue. Thus, a woman deeply desires to enthrall the heart of a man and capture his love and devotion.

However, men are weak against their desires and cannot conceal their inner passions. This is why they propose to women. Men desire and yearn for women and pursue them. When a man realizes that a woman desires his devotion, he reveals his adoration and welcomes her coyness and coquetry. In order to prove his love, he uses any means necessary: he spends money, buys her gifts, and holds marriage and wedding parties.

The contract of Mahr is one such means. In order to prove his affection, honor his wife, and attain her heart, he bestows upon her a gift called Mahr.

The Quran also expresses Mahr in this manner, as it is called ﴿صَدُقاتِهِنَّ﴾ and introduces it as a Niḥlah, which means gift or endowment. This is one of the advantages and philosophies for the legislation of Mahr.

Second Point: The contract of Mahr gives the woman a relative amount of peacefulness and ease of mind, so that she may perform the duties that genesis has placed upon her. Even though when a man and woman are married they pledge to be faithful to one another and collaborate and cooperate in fostering and training their children, contrary instances have been observed where the man does not perform his duties and refrains from providing living expenses and helping to correctly rear their children whereas nature has put specific responsibilities upon women in childrearing that cannot be avoided. This issue can be elucidated with an analogy: men are like the planter and women, the plantation. He plants his seed in the woman’s womb and subsequently he is technically free to go his own way. Canonically, legally, and morally, men are responsible toward their wives and children. However, because nature has not given the man any immediate responsibilities, he can leave his wife with the child in her womb and “fly free”. Of course, most men are not this way; but even so, it is possible and this happens on occasion.

However, a woman is not free in this manner and is obliged to endure her arduous term of pregnancy, delivery, and the ensuing convalescence. After giving birth, she cannot cast aside her feeble and blameless child or leave it hungry. She is compelled to nurse and nurture her baby. Due to her intense maternal affection and the bond that is then created, she cannot leave her child after the nursing phase and has no option but to care for her child.

During this time, she needs a means of livelihood - home, food, clothes, etc. What can this hapless woman do in such a situation? Naturally, women should be apprehensive about such possibilities. It might be that one reason for the divine legislation of Mihr is to foster in women a reasonable amount of security and ease as regards such likelihoods. If Ṣadāq is real estate or hard cash women can take it and use it when in need and if it is on credit she may demand it at any time.

In short, Mihr may be described as an instrument of assurance and backup for marriage.

Imam Ṣādiq (‘a) has stated:

عن الصادق (ع) قال: إنّما صار الصداق علی الرَّجُل دونَ المرأة-و إن کان فعلهما واحداً-لانّ الرجل إذا قَضَی حاجته منها قام عَنها و لَم یَنتَظر فراغها فَصار الصداق عَلَیه دونُها لذلک

The reason that [the responsibility of] Ṣadāq has been placed upon the man not the woman - even though their actions are the same - is that when the man’s needs are satisfied he rises from her and does not await her release; for this reason Ṣadāq is his responsibility not hers.[111]