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Some Questions Related To Women’s Rights in Islam

Author(s): Sayyid Rida Husayni Nasab

Translator(s): Majid Karimi

www.alhassanain.org/english

This text discusses about some important points concerning women, their treatment, their rights and issues related to them.

Miscellaneous information:

Some Questions Related To Women’s Rights in Islam Written By: Ayatollah. Seyed Reza Hosseini Nassab Translated By: Majid Karimi Edited By: Ghulam Abbas Sajan

Notice:

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

The composing errors are not corrected.

Table of Contents

The History of Discrimination Against Women Before Islam 8

The Abuse Of Women's Rights During Sasanian's Dynasty 9

The Abuse Of Women's Rights In The Western Civilization 10

The Condition Of Women In Arabia 11

Notes 12

The Role Of Islam In Recognizing The Rights Of Women 13

Does Islam Consider Women And Men As Equal? 14

The Equality Of All Human Beings In The Presence Of God 15

Answer To A Question 16

Meaning of Protectors and Maintainers (Responsible) 17

Is Men’s Share In Inheritance Twice That Of Women In Islam? 18

Classifications Of Relatives' Heritage 19

First group: 19

Second group: 19

Third group: 19

Inheritance by the First Group 20

Heritage of the Second Group 21

Heritage of the Third Group 22

Does Islam Agree With Polygamy? 23

The Bases For Polygamy 24

The Role Of Islam In Limiting Polygamy 25

Why Has Islam Not Opposed The Temporary Marriage? 27

Has Islam Permitted The Man To Punish His Wife? 29

Meaning Of Responsible (Protector And Maintainer) 30

Encouraging righteous women 31

What is the meaning of "Disloyalty and ill- conduct” in this verse? 32

Prevention of Disobedience and Rebellion 33

What is the meaning of “dharb" in this verse? 34

To whom is this verse address to? 35

Conclusion 36

Note 37

Does The Right Of Divorce Belong Only To Men? 38

What Is the Difference between the Boys' and Girls' Maturation Age? 40

The Norm Of Recognition Of Maturation Age 41

What Is The Commandment Of Shaking Hands By Muslims With Non-Muslim Members Of The Opposite Sex? 42

Primarily Edicts About Shaking Hands 43

First anecdote: 43

Second anecdote: 43

Shaking Hands With A Hand Cover 44

Contacting In Emergency And Desperate Situations 45

What Is The Viewpoint Of Islam Regarding Guardianship? 46

Definition Of Guardianship 46

Is Guardianship A Right Or Duty? 47

The Criterion Of Religious Edict About Guardianship 48

Is The Women’s Veil Only In Islam? 50

Veil In Judaism 51

Veil In Zoroastrianism 52

Veil In The Christianity 53

The Veil In Islam 54

Verses About Veil 55

The Philosophy Of Veil 56

The History of Discrimination Against Women Before Islam

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيمِ

In The Name of Allah, The Beneficent, The Merciful

From a review of the history of former civilisations and a research in historical periods before the advent of Islam, it becomes abundantly clear that the liberating religion of Islam was followed by regeneration of women’s rights in that dark period. For more information, we will take a look at the history of discrimination and injustice done to women in the territories of Sasanian Empire in Iran, Roman Empire, Europe and Arabian Peninsula

Before the appearance of Islam, a terrible situation of abuse of women's rights prevailed over Iranian and Roman empires and also in Arabia. These matters will be described and discussed according to historical evidences and instances.

The Abuse Of Women's Rights During Sasanian's Dynasty

A study of Zoroastrian historical documents such as books like "Matigan Hezardastan", "Vandidad" and "Andarzhaye Azarbad Mehrsepandan", dominant during the Sasanian reign of Iran, it becomes clear that the women's natural rights were terribly violated by the religionists and the governments of that time.

As an example, women were considered personal properties of men and had the same price as a slave which was about 2000 silver coins. For further information, please look up the entry of "slave and slavery" in the book of "Iranica Encyclopaedia".

In the book, "Bondhesh", it is mentioned that:

"Ormazed (it means Ahooramazda) was unable to find any creature for procreation and therefore, he, selected the woman”

On the basis of this book, women do not have any possibility of reaching Ahooramazda (God) like men1 .

Also, during that time, when a girl got to the age of nine years, she was required to marry a person that others had chosen for her and if she did not accept the choice, she faced the death penalty2 .

According to what is mentioned in "Matigan Hezardastan" men could sell their wives to others if they so desired.

In light of what is stated above, it becomes clear that the condition of women in the Sasanian period was repressive, discriminative and full of injustice because of tyrant governors and deviant religious men. Women’s rights were terribly suppressed and ignored.

The Abuse Of Women's Rights In The Western Civilization

The western world at the time of the appearance of Islam was dominated by Judaism and Christianity and women's condition of those societies were affected by these two religions.

Now let us look at some examples from the view point of these religions toward women

The Jews and Christians of the world believe in the Old Testament and New Testament (Torah and Bible) and have always been under the influences of their instructions. "Genesis" from Bible, has emphasized frankly to patriarchy and women have been introduced as those who must suffer and are to be controlled by men forever.

Here, we refer to the exact verses: In "Genesis" Chapter 3 Verse 16, where it says:

"To the woman he said: I shall greatly increase the pain of your pregnancy and in birth, you will bring forth children and your craving will be for your husband and he will dominate you."

According to the above mentioned verse in Old Testament, God gave two punishments to the women:

A: The labour pain in childbirth.

B: Domination of women by men (patriarchy).

And these two penalties are because of Eve's mistake that she ate the forbidden fruit!!

Moreover it is concluded from the above that not only the woman is not equal to man, but also she is subordinate and dependent on man and created from one of the man's ribs. With this regard, the human being was created in a form of man (Adam) and, the woman was created afterwards from one of his parts...

The reference text is as follows:

"Hence Jehovah God had a deep sleep fall upon the man, and while he was sleeping, he took one of his ribs and then closed up the flesh over its place. And Jehovah God proceeded to build the rib that he had taken from the man into a woman and to bring her to the man." (Holy Scriptures, Genesis, 2:21-22)

The Condition Of Women In Arabia

The dark period before appearance of Islam in Arabia, is even called by the Arabian people as the period of ignorance. The people of that period believed woman as a cause of indignity and embarrassment and whenever they were told that their wives had given birth to daughters, they became ashamed and remorseful. Therefore, many of them buried their baby daughters alive which was extremely brutal and savage.

Holy Quran, in The “Folding Up” chapter, refers to these horrible and awful crimes of the Arabs in the period of ignorance and questioned them why were those innocent and faultless daughters killed and buried alive? The text of mentioned verses is as follows:

The Folding Up

Sura Al-Takwir - 81 The Folding Up

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

[81:0] In the name of God, Most Gracious, Most Merciful.

إِذَا الشَّمْسُ كُوِّرَتْ

[81:1] When the sun (with its spacious light) is folded up.

وَإِذَا النُّجُومُ انْكَدَرَتْ

[81:2] When the stars fall, losing their luster.

وَإِذَا الْجِبَالُ سُيِّرَتْ

[81:3] When the mountains vanish (like a mirage).

وَإِذَا الْعِشَارُ عُطِّلَتْ

[81:4] When the she-camels, ten month with young, are left untended.

وَإِذَا الْوُحُوشُ حُشِرَتْ

[81:5] When the wild beasts are herded together (in human habitations).

وَإِذَا الْبِحَارُ سُجِّرَتْ

[81:6] When the oceans boil over with a swell.

وَإِذَا النُّفُوسُ زُوِّجَتْ

[81:7] When the souls are sorted out, (being joined, like with like).

وَإِذَا الْمَوْءُودَةُ سُئِلَتْ

[81:8] When the female (infant), buried alive is questioned-

بِأَيِّ ذَنْبٍ قُتِلَتْ

[81:9] For what crime was she killed?

Notes

1. For further explanation, refer to "Bondhash" by Mehrdad Bahar, part 6.

2. Refer to “Sasanian Kingdom", translated by Murtaza Saghab- Far, pages 173-175.

The Role Of Islam In Recognizing The Rights Of Women

The liberating religion of Islam in that Dark Age granted women their suppressed rights. On the one hand, the explanatory and illustrative messages of Quran rose up and challenged the inaccurate culture of ignorance that deprived women of their right of inheritance, whereas they were considered as inferior and dependent on man, and when the female children were buried alive. On the other hand, the great Prophet of Islam promoted the veneration of the women practically by venerating and respecting his wife Khadijah and his daughter Fatimah Zahra (Peace be upon them).

Whenever Fatimah entered any place where the Prophet Muhammad (Peace be upon him and his progeny) was present, he stood up out of respect for her and kissed her hands and by this behaviour he replaced the old dark culture of ignorant times by the new and elevated culture of Islam.

*****

Does Islam Consider Women And Men As Equal?

From the perspective of Islam, God's consideration of the status of man and woman is equal as human beings. To shed light on this issue, we refer to the first verse of Chapter “The Woman” which is as follows:

Sura an-Nisa’ – 4 The Woman

يَا أَيُّهَا النَّاسُ اتَّقُوا رَبَّكُمُ الَّذِي خَلَقَكُمْ مِنْ نَفْسٍ وَاحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالًا كَثِيرًا وَنِسَاءًۚ وَاتَّقُوا اللَّهَ الَّذِي تَسَاءَلُونَ بِهِ وَالْأَرْحَامَۚ إِنَّ اللَّهَ كَانَ عَلَيْكُمْ رَقِيبًا

[4:1] O mankind! Reverence your Guardian Lord who created you from a single soul and he created from that its mate. And from them twain scattered (like seeds) countless men and women – fear Allah, through whom you demand your mutual (rights), and (reverence) the wombs (that bore you): for Allah ever watches over you.

According to this verse, the origin of human beings creation, including both man and woman, is regarded as "primordial ego" that is sacred soul and there is no distinction between them as a human beings.

Therefore, the status of the soul of man and woman in the presence of God is the same and equal and this justice in creation is emphasized in the Glorious Quran.

The important point that is worth describing is that the physical differences of men and women are just because they are supplementary and complementary to each other. Thus while each one has his/her own special integrity; in humanity and human integrity they are equal. Therefore, the physical differences are not the justifiable reason for superiority of one group over another.

The Equality Of All Human Beings In The Presence Of God

God in the Glorious Quran addresses all human beings, both man and woman, and says:

Sura al-Hujraat - 49 The Chambers

يَا أَيُّهَا النَّاسُ إِنَّا خَلَقْنَاكُمْ مِنْ ذَكَرٍ وَأُنْثَىٰ وَجَعَلْنَاكُمْ شُعُوبًا وَقَبَائِلَ لِتَعَارَفُواۚ إِنَّ أَكْرَمَكُمْ عِنْدَ اللَّهِ أَتْقَاكُمْۚ إِنَّ اللَّهَ عَلِيمٌ خَبِيرٌ

[49:13] O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that you may know each other (not that you may despise each other). Verily the most honoured of you in the sight of Allah is (he who is) the most righteous of you. And Allah has full knowledge and is well- acquainted (with all things).

According to this verse, all of human beings, whether women or men, and black or white, are equal before the presence of God, and the only prominent factor for superiority and excellence is piety and virtue.

Answer To A Question

There is an important question, why has the Glorious Quran called man as "responsible"? Does it mean that men are superior?

In answering this question, let us examine the following verse:

Sura an-Nisa’ – 4 The Woman

الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاءِ بِمَا فَضَّلَ اللَّهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ وَبِمَا أَنْفَقُوا مِنْ أَمْوَالِهِمْۚ فَالصَّالِحَاتُ قَانِتَاتٌ حَافِظَاتٌ لِلْغَيْبِ بِمَا حَفِظَ اللَّهُۚ وَاللَّاتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَاهْجُرُوهُنَّ فِي الْمَضَاجِعِ وَاضْرِبُوهُنَّۖ فَإِنْ أَطَعْنَكُمْ فَلَا تَبْغُوا عَلَيْهِنَّ سَبِيلًاۗ إِنَّ اللَّهَ كَانَ عَلِيًّا كَبِيرًا

[4:34] Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore, the righteous women are devoutly obedient, and guard in the (the husband’s) absence what Allah would have them guard. As to those women on whose part you fear disloyalty and ill-conduct, admonish them (first), (next) refuse to share their beds, (and last) do dharb (have separation); but if they return to obedience, seek not against them means (of annoyance) for Allah is Most High, great (above you all)

For the real meaning of this verse, please pay attention to the following points.

Meaning of Protectors and Maintainers (Responsible)

The word “Responsible” applies to the person who is in a position of trust. For this reason in lexical meaning, the word “Responsible” is applicable to everyone who has effective responsibility. Since the responsibility of undertaking and providing the subsistence and supporting the family financially, according to Islam, is on man, the overlord in this honourable verse of Quran, has introduced men as the supporter of women. They are responsible for undertaking the subsistence of life and providing the expenses of family members.

Therefore, the above verse does not mean that men are superior or excelsior in comparison with women, but it is an expression of responsibility for men in front of the family as protectors and maintainers.

After explaining equality and parity status of women and men in the presence of God and viewpoint of Islam, it is worth answering several other questions in this field like the difference in inheritance between men and women, polygamy, temporary marriage and the right of divorce and so on.

The word, “dharb” has different meanings in Arabic and in this instance it means separation.

Is Men’s Share In Inheritance Twice That Of Women In Islam?

Inheritance regulations in Islam are collection of rules and processes which can be understood after paying careful attention to the different scenarios. It will be absolutely clear after careful consideration to the issues of inheritance that the men’s portion are at times twice that of women; in some other situations the women’s portion are more than those of men; and in some situations the shares of men and women are the same.

The Noble Prophet (peace be upon him and his progeny) of Islam proceeded to enact inheritance rights for women, which the people of Arabia did not recognize before then. Before that women were disinherited in numerous territories like Iran, during the period of Sasanian dynasty.

Famous writer "Saeid Nafisi" in the book "Social History of Iran" writes about this period as follows:

"When the daughter got married she was disinherited from her father’s wealth, and she had no right to choose her husband."

For further explanation about the system of inheritance in Islam, we will discuss some of the applicable dimensions.

Classifications Of Relatives' Heritage

On the basis of regulation and provisions of Islam regarding heritage, the people who inherit through relationships are classified into three groups:

First group:

First group consists of father, mother and descendants of the deceased and if there is no child the heritage goes down to the grandchildren, great grandchildren, any descendants or anyone who is closer to the dead person is the inheritor. As long as there is even one single person of this group present, he or she has priority over the others, except the wife or the husband on some conditions.

Second group:

Second group are grandfathers, grandmothers, brother and sister of the deceased person and if there is no brother or sister, or their children or grandchildren, whoever that is closer to the dead person, will be the inheritor. As long as even one person of this group exists, there will be no inheritor among the third group; but if he had a wife, according to the general regulations of inheritance, she will inherit her portion of heritage.

Third group:

Third group includes uncles, aunts, maternal uncles, and maternal aunts. They will be the inheritors but if they do not exist, their children will inherit.

Inheritance by the First Group

In a nutshell, it will be sufficient to address the various questions related to this group by giving some examples

• If the inheritor of the dead person is from the first group, for example a son or a daughter, all the properties of the dead person belongs to her/him. If there are several sons or daughters, all the inheritance is shared equally among them and if there are both, sons and daughters, the heritage is divided in such a way that each son receives two portions and each daughter one.

In this situation the portion of man is twice that of woman.

• If the inheritor of the dead person is father, mother and a daughter, then each one of the father and mother receives one-sixth and the daughter three-sixth of the portion. The reminder, that is one-sixth of the portion, is divided amongst them in the same proportions.

In this situation, the woman's portion (the daughter of the deceased person) is three times that of the man (the father of the deceased person).

• If the inheritor of the deceased person is just the father and a daughter, or mother and a daughter, the heritage is divided into four shares; the father or the mother gets one portion and the daughter three portions.

In this situation also, the woman's portion (the daughter of dead person) is three times the man's portion (the father of the deceased person).

Heritage of the Second Group

Here, we refer to some of the questions regarding the portions of heritage among the second group and provide some examples:

• If the inheritor is just a brother or a sister of the deceased person, all the properties are inherited by him/her. In the situation where there are, several brothers or sisters from the same father and mother as the deceased, the inheritance will be in such proportion that the share of each brother will be twice that of each sister.

In this situation, the men's portion (the brothers) is twice that of the women (the sisters).

• If the inheritor is only one maternal sister or one maternal brother but not from the same father (step brother or step sister) of the deceased person, all the properties go to him/her or is divided equally between them. Whereas if there are some maternal brothers or some maternal sisters or combination of both, each of them shares equally the property of the deceased

In this situation, the women's portion (the sisters) is equal to that of the men (the brothers).

Heritage of the Third Group

Third Group includes paternal and maternal uncles and aunts and their off springs. If there is no one existing from the first and second groups, they will inherit the deceased person’s property. We now refer to some possible scenarios from this group.

• If the inheritor is a single paternal uncle or aunt, he/she inherits all the properties. If there are several paternal uncles or aunts, the uncles inherit twice that inherited by aunts.

In this situation, the men's portion (the uncles) is twice that of the women (the aunts).

• If the inheritor is a single maternal uncle or aunt, he/she inherits all the properties. If there are maternal uncles and aunts (whether they are all from a single father and mother or different father or mother), all properties are shared equally amongst them.

In this question, the man's portion (the maternal uncles) and the woman's (the maternal aunts) is equal.

• If the inheritor of the dead person is a maternal uncle and one paternal aunt, all the properties are divided into three parts, one portion goes to maternal uncle and two portions go to paternal aunt.

In this situation, the woman's portion (the paternal aunt) is twice that of the man (the maternal uncle).

From the above examples, it is clear that the claim of some writers that the men’s portion is always twice that of the women is not correct. This is because of lack of knowledge regarding heritage regulations in Islam. As can be seen, in some cases, women's portion is twice or three times that of men, in some cases, men's portion is twice that of the women; and sometimes, both of them share equally.

Therefore, the preference in Islamic inheritance rules is not based on gender, but it is based on the relationship of the deceased to the inheritors. Accordingly, it changes the portions of men and women - sometimes men get more, at time they get less and in some situations their shares are equal.

It therefore has to be clearly understood that the claim of those who say: when discussing Islamic inheritance that Islam grants more portion to men because of masculinity and less portion to women because of femininity”, is unacceptable, incorrect and unfair.

Does Islam Agree With Polygamy?

The phenomenon of multiple wives or "polygamy" has been one of the issues of the societies throughout the history of mankind. This phenomenon has attracted the attention of the researchers in different Eastern and Western countries even in the present age.

For example, some time ago, in United States a Christian priest "David Krish" claimed that he was a messenger of God and who also tried to collect weapons in his temple. He and his companions were killed by security forces of United States. It was revealed that he had 16 wives.

In the year 2006, another priest, "Varen Jeffs" in Utah State in America, who had about eighty wives, was summoned before the court as a result of complaints from some of his wives and for some other reasons. The explanations and expressions of his thoughts and the leadership of his sect and promulgation of polygamy was for a while the subject of the news and television discussions.

The Bases For Polygamy

It seems one of the social elements and a justification for polygamy in all centuries is that there have always been more women in comparison to men in many countries. Factors such as numerous wars prevailing in many countries, men working in dangerous places such as mines, the increase in life expectancy amongst women, and many other factors have caused the increase in the number of women in relation to men in the society.

In order to accommodate the lives of these women who could not find their male match, especially those who had lost their husbands in wars, some previous social reformers advised those men who economically and financially are able to support more than one family to marry these women who otherwise would have no opportunity to have married lives.

Social scholars have suggested three solutions to solve the problem of these groups of women whose number is more than that of men.

The First Solution is that these women remain single to the end of their lives and their expenses are covered by the governments. Although this solution may seem to be ideal, but considering two points it is not practical. Firstly, generally speaking, in previous societies and in many countries at present time, there is no social security system to cover these expenses. The women without the support will be vulnerable and will be deprived and left on their own. Secondly, each human being, further to his/her material requirements, has some natural and sexual needs and being asked to be single and unmarried for their entire life would be a recommendation against her/his natural needs and rights.

Second Solution is as is practiced in Western societies, is to expose these women to prostitution and earn their livelihood in this way.

Third Solution which is attributed to Bertrand Russell is that governments should provide the financial requirements of these women and their natural needs would be fulfilled through prostitution and illegitimate relations.

Obviously the second and third solution would lead into great social disorders such as degrading a women’s honour such as that of prostitutes and its consequential dangerous outcomes, such as an increase in the number of illegitimate children. Considering the millions of illegitimate children in European and American countries, some of the western scholars have admitted the incorrectness of the second and the third solutions.

Fourth Solution is that in order to meet the financial and natural needs of this group of women, those men who are able to support more than one family economically and socially should marry another woman. This solution has been practiced during many historical cycles and in many countries such as Mesopotamia region, ancient Persia, Arabian countries and similar places.

Considering the above, it becomes clear that polygamy is not limited to Islamic period or its divine guidance, but it is something which had prevailed among ancient nations as well. Furthermore, many of pre-Islamic religious leaders who are respected by Christians and Jews, such as the Prophet Abraham (Peace be upon him) had more than one wife.

The Role Of Islam In Limiting Polygamy

With regard to these four solutions, Islam does not recommend the first solution for its impracticality in societies and the denial of natural needs of the women. It also rejects the second and third solutions because of prevalence of prostitution and its outcomes and Islam clearly discards them.

In order to solve this social disorder, only the fourth solution remains.

Islam has neither denied it completely nor at the same time approved it unconditionally and without any limitations.

Prior to advent of Islam in Arabian Peninsula, without undertaking necessary commitments for supporting women, men were allowed to marry even ten women. Furthermore, head of states such as some kings in dynasties of ancient Persia used to keep tens of spouses, rather than the queen, in their Harems.

On the one hand, Islam limited polygamy and the number of wives one could have, and on the other hand, imposed two following main conditions:

First Condition: the ability of the husband to manage more than one family economically and to provide legitimate and natural needs of all the wives and their children.

Second Condition: the observance of treatment based on justice by husband towards all the wives and the proper and fair attitude to them on equal bases, without discrimination and without usurping the rights of anyone of them.

Now in order to clarify the role of Islam in limiting and imposing conditions on polygamy, two verses of the Glorious Quran will be reviewed:

Sura an-Nisa’ – 4 The Woman

وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَىٰ فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَىٰ وَثُلَاثَ وَرُبَاعَۖ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْۚ ذَٰلِكَ أَدْنَىٰ أَلَّا تَعُولُوا

[4:3] If you fear that you shall not be able to deal justly with the orphans, marry women of your choice, two, or three, or four; but if you fear that you shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess. That will be more suitable, to prevent you from doing injustice.

The expressions of this verse indicate that the permission for polygamy from Islamic point of view is under certain strict conditions, without them, the social problems would not be solved.

The other point to note according to this verse is that the number of wives, under the specified special circumstances, has been limited to two, three and a maximum four. And Islam, according to this verse clearly does not permit unlimited number of wives even if one is able to observe these conditions.

Furthermore, the Glorious Quran has considered the justice among wives as the fundamental factor in polygamy and Islam clearly opposes having more than one wife if these conditions cannot be fulfilled. In that case it is recommended that a man should have only one wife. The Quran categorically states: but if you fear that you shall be not able to deal justly with them then marry only one.

In another verse of the Chapter “Women” of Glorious Quran, we read:

Sura an-Nisa’ – 4 The Woman

وَلَنْ تَسْتَطِيعُوا أَنْ تَعْدِلُوا بَيْنَ النِّسَاءِ وَلَوْ حَرَصْتُمْۖ فَلَا تَمِيلُوا كُلَّ الْمَيْلِ فَتَذَرُوهَا كَالْمُعَلَّقَةِۚ وَإِنْ تُصْلِحُوا وَتَتَّقُوا فَإِنَّ اللَّهَ كَانَ غَفُورًا رَحِيمًا

[4:129] You are never able to be fair and just as between women, even if it is your ardent desire: but turn not away (from a woman) altogether, so as to leave her (as it were) hanging (in the air). If you come to a friendly understanding, and practice self- restraint, Allah is oft-forgiving, most merciful.

When this verse is compared with the third verse of the same chapter of the Glorious Quran, and if we think about them, obviously we will find that the Glorious Quran, in normal condition and where there are no exceptional circumstances, Islam prefers monogamy. Islam also limits the resort to polygamy even as a solution for social problems and insists on following with justice, which is difficult to accomplish.

Why Has Islam Not Opposed The Temporary Marriage?

Answer: Marriage is a union between man and woman. This union sometimes is permanent, without any limitation and sometimes is temporary with a time period being specified. Both of these are legal marriages; equal and the same and the only difference is for its duration: while one is permanent, the other is for a fixed period.

The following conditions are valid both in permanent or temporary marriages:

1) Man and woman should not have any legal obstacles in their marriage such as consanguineous or causative or any other legal obstacles, otherwise the marriage is void.

2) The dowry which is agreed by both sides should be mention in marriage contract.

3) The fixed period of marriage should be determined.

4) The marriage contract is legalized.

5) The child born in temporary marriage is legitimate and is just like a child born in permanent marriage and is entitled to have the identity card specifying the name of the father, and there is no difference between permanent and temporary marriage.

6) The child's expense is upon the father and the children inherit from both the parents.

7) When the period of marriage ends, the woman should keep the prescribed legal detachment period and if during the legal detachment it is found that she is pregnant, she should avoid any marriage until the baby is delivered.

Also, other rules of permanent marriage should be considered at the time of temporary marriage. The only difference is that the temporary marriage is for addressing the necessities.

The charges and expenses of the woman are not borne by man and if the woman at the time of marriage does not set out the condition of inheritance, she does not inherit from her husband. It is clear that these two differences do not have any impact on the marriage.

All of us believe that the Islamic rules are the final and eternal religious laws which answer all needs. Now consider a young man who is forced to live in another country for his studies for a long period of time and because of the limitation and lack of facilities cannot have a permanent marriage. He, therefore, has three choices:

A: He stays bachelor during the whole period.

B: He succumbs to corruption and fornication.

C: According to the above mentioned conditions, he marries a woman that legally permits marriage for a certain specified period of time.

In the first case, we frequently are confronted with failure, although a few are able to forego any sexual relationships and are patient and have forbearance; but this is not the case with all.

The condition of those who choose the second way is misery and corruption, which is also illegal in Islam. The thought of prescription of this method as a justification because of necessity is a kind of obliquity and malice.

Therefore, just the third way remains which Islam permits.

The point that is important to consider, is the permissibility of the temporary marriage is with specified qualifications. It does not mean that it is permitted at all times and unwarranted situations. Some people do perform temporary marriage for revelry. Some anecdotes from our holy leaders forbade the people from plethora in these matters.

Has Islam Permitted The Man To Punish His Wife?

The answer of this question can be inferred with precision from the anecdote of the honourable Prophet of Islam when he rhetorically asks those who have incorrect behaviour:

"How can you embrace your wife with the same hand that you beat her with?"1

Through this meaningful expression, it is clear that our holy Prophet who is the authority on Islamic divine rules, by this question and answer, seriously disapproved beating and punishing of the wife by the husband.

To those who use verse 33 of Chapter “The Woman” of the Glorious Quran, to prove discrimination between men and women, it is necessary to explain logical and correct meaning of this verse before explaining our reasons in this regard:

The Woman

Sura - 4 The Woman

الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاءِ بِمَا فَضَّلَ اللَّهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ وَبِمَا أَنْفَقُوا مِنْ أَمْوَالِهِمْۚ فَالصَّالِحَاتُ قَانِتَاتٌ حَافِظَاتٌ لِلْغَيْبِ بِمَا حَفِظَ اللَّهُۚ وَاللَّاتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَاهْجُرُوهُنَّ فِي الْمَضَاجِعِ وَاضْرِبُوهُنَّۖ فَإِنْ أَطَعْنَكُمْ فَلَا تَبْغُوا عَلَيْهِنَّ سَبِيلًاۗ إِنَّ اللَّهَ كَانَ عَلِيًّا كَبِيرًا

[4:34] Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore, the righteous women are devoutly obedient, and guard in the (the husband’s) absence what Allah would have them guard. As to those women on whose part you fear disloyalty and ill-conduct, admonish them (first), (next) refuse to share their beds, (and last) do dharb (have separation); but if they return to obedience, seek not against them means (of annoyance) for Allah is Most High, great (above you all)

For understanding of the real meaning of this verse, please pay attention to the following points.

Meaning Of Responsible (Protector And Maintainer)

The word "Responsible" in this verse means to be in charge of protection and maintenance of the family. For this reason in lexical meaning, the word “Responsible"; applies to whoever understands effective responsibility. Since the responsibility of undertaking and providing the subsistence and supporting the financial requirements of a family, according to Islam, is on man, the overlord in this verse of the Quran, has introduced men as the supporter of women. The men are responsible for undertaking the subsistence of life and providing the expenses of the family members.

Encouraging righteous women

Those who have question regarding this verse in the Glorious Quran did not pay enough attention to this verse which encourages and exalts the proper characteristics of righteous and benefactor women, who are devoutly obedient, courteous, modest and chaste, compared to the admonished disloyal and disobedient women. Therefore, the rule of encouraging and appreciating its correct meaning is superior to the threat to and affliction pain on women.

What is the meaning of "Disloyalty and ill- conduct” in this verse?

It is obvious that every difference in opinion and taste in even trivial affairs of the family like selecting the colours of clothing or the kinds of food and so on do not mean "disloyalty and ill-conduct”". Because intellectuals never accept that these differences in taste or opposition in trivial affairs are causes to punish or injure the wife. Therefore, the literal meaning of the word "rebellion" is women who disobey divine rules and without any reason, harm her matrimonial relationship or betray her husband.