A New Perspective: Women in Islam

A New Perspective: Women in Islam0%

A New Perspective: Women in Islam Author:
Publisher: www.alhassanain.org/english
Category: Woman
ISBN: ISBN-10: 0971042004 ISBN-13: 978-0971042001

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A New Perspective: Women in Islam

A New Perspective: Women in Islam

Author:
Publisher: www.alhassanain.org/english
ISBN: ISBN-10: 0971042004 ISBN-13: 978-0971042001
English

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

A New Perspective: Women in Islam

"A New Perspective" is a dialogue between an Islamic scholar and a Muslim woman. The book discusses and expounds various issues regarding the rights and laws that pertain to women in Islam, and unwraps some of the distorted images and misconceptions that surround Muslim women.

Author(s): Fatma Saleh & Sayyid Moustafa Al- Qazwini

Publisher(s): The Islamic Educational Center of Orange County

WWW.ALHASSANAIN.ORG/ENGLISH

Table of Contents

Presentation 3

About the Authors4

Introduction By Sayyid Al- Qazwini5

Introduction by Fatma Saleh 8

Preliminary Notes11

Chapter 1: Seeking Clarity 12

Notes20

Chapter 2: Matrimonial Rights, Adolescence, Mahr22

Matrimonial Rights22

Adolescence43

Mahr45

Notes47

Chapter 3: Divorce, Divorce and Mahr, Proprietorship49

Divorce49

Divorce and Mahr59

Proprietorship 60

Notes61

Chapter 4: Hijab (Veiling)62

Notes69

Chapter 5: Child- Custody 70

Chapter 6: Testifying & Judging 72

Notes75

Chapter 7: Disciplinary Action 76

Notes78

Chapter 8: Polygamy 79

Chapter 9: Inheritance83

Note84

Epilogue85

References87

Glossary of Arabic Terms88

Presentation

“A New Perspective - Women in Islam” is a dialogue between a Muslim woman and a Muslim Scholar. The book discusses and expounds upon various issues regarding the rights and governing laws that pertain to women in Islam and unwraps some of the distorted images and misconceptions that surround Muslim women.

About the Authors

Sayyid Moustafa al- Qazwini was born in Karbala, Iraq. He graduated from the Islamic seminary in Qum, Iran and immigrated to the U.S. He is an author of several Islamic books and lectures across the nation. He is the founding Imam of the Islamic Educational Center of Orange County, California.

Fatma Saleh a native of Lebanon, raised in Southern California since 1971. She is an active member in the Muslim community of Los Angeles. She has published writings on Islam and speaks at universities and religious institutes on Muslim women.

In the name of Allah, the Most Merciful, the most Compassionate

“By the token of time,

Verily Man is in loss,

Except those as have faith,

and do righteous deeds,

and join in mutual teaching of truth,

and of patience, and constancy.”

Qur’an, Surah al- ‘Asr, 103

Like the soul longing for its Creator,

our work is dedicated to

the One and Only,

Allah.

I’d like to thank my husband, Hassan,

my children Ali, Lena, and Dena,

my parents,

and my teacher Sayyid Moustafa.

Without your patience it would not have been possible.

Thank You,

Fatma

Introduction By Sayyid Al- Qazwini

In the name of Allah, the Most Gracious, the Most Merciful

The delicate issue of women in Islam has been a subject plagued and manipulated by mendacious and misrepresented information. A body of written work has been produced by a variety of literary writers, journalists, theologians, and Muslim scholars regarding Muslim women.

Some writers have genuinely manifested the subject of Muslim women while others whom have no in- depth knowledge about the core of the religion, have used the subject of women in Islam as a forum full of skepticism, exaggeration, and faulty teachings.

It is often stated that Islam displays women to a relative position of a lower human being, and that the Prophet Muhammad (pbuh&hf) has been reputed as having been anti- women, but upon an in depth examination of the Qur’an, and the sayings of the Prophet, one finds this to be a disingenuous accusation. The Prophet was greatly aware of women’s needs and he fought to respond to them through legislation and practice.

Writers have commonly depicted and based Islam by the misconduct of Muslims, rather than the content and philosophy of its teachings. A U.S. author, critic once wrote, “Part of the glue that holds Muslim men together is the thorough suppression of women.” Contrarily, the indigent and the oppressed were the reasons for Islam’s coming, women in particular.

Illustrious examples of prejudice, opposition, and appeasement on the subject have been tainted in literary works regarding Muslim women, either written by men with a man’s perspective or sometimes by women emotionalizing some delicate issues, such as polygamy, while others having been influenced to conform or redress Qur’anic injunctions that would be considered “politically correct” for their society, such as claiming the Qur’an does not order women to cover.

Muslim scholars have not extensively addressed some of the complex issues of women in Islam, or given its deserved attention. Muslim scholars have been neglectful in researching and analyzing the subject deeply. Many Muslims and non- Muslims alike are not familiar with the formalities of binding social and personal rights and the choices available for Muslim women.

Often time people objectively dwell on the final outcome or verdict affecting Muslim women without being open to understand or review the logical relation that based the action, or the intricate connections of other related circumstances that were its reasoning for the judgment. Often times they are completely dismissed. One needs to genuinely question impartially as to the reasons for the practices regarding Muslim women.

Precluding a matter without subject to examination is undermining the essence of knowledge. One must erase all preconceived ideas about the subject of Muslim women and approach the matter like any other investigated work, open and unbiased. A story is told of a man encountering Prophet Muhammad. Upon conversing with the Prophet, he realized that the man was an argumentative person. The Prophet responded to him by saying, “Ask me as an inquirer not as a debater.”

This book was not intended as a debate but rather a discussion to enlighten the elusive subject of Muslim women.

Islam innovated social and individual rights for women, and respectively accredited her as a full partner in life. Islam enabled women to own and dispose of her property without the consent of her father or husband. She is enabled to contract and manage her own business affairs, to earn and manage her own money.

Islam entitled her inheritance as a mother, daughter, sister, and wife. She has the right to deny or accept marriage proposals. Her marriage gift (mahr) is solely for her. She is entitled to vote, which, is considered to be a religious duty, and give her opinion or opposition to issues. Her penalty in civil offense is the same as a man. If she is harmed, she is entitled to compensation justly.

A book on Muslim women was needed. It was an opportunity for me, as a perpetual learner of Islamic knowledge, who has been blessed by Allah, and fortunate to experience the seminary and university (traditional and modern) views of both Eastern and Western societies, to discuss in a dialogue forum the issues surrounding Muslim women.

Before being a Muslim scholar, I am a man, and as a learning man of Islamic knowledge it would be prejudice to confidently state that I completely understand the varying dimensions of what affects or shapes a woman’s nature and feelings. Mainly, the rules governing women in Islam directly affects her, and indirectly affects men; thus, sometimes, making us unaware of her personal perspective.

That is why I believe that as a seminary scholar, I am obligated to have a better understanding by personally engaging and discussing in the sensitive issues of women in Islam.

Like the story of the Prophet encountering an argumentative person, I found my co- author the opposite, one that was inquisitive. Sister Fatma Saleh had a thriving trait - the love of discovering and seeking knowledge about her religion. She has a passion to learn and an intuitive perception in discerning matters logically.

She is on a quest to understand and seek explanations or justifications on the perplexing issues surrounding Muslim women with her questions. By contributing her personal comments and inquirers from a woman’s perspective, and extensively discussing the issues, I was able to better accommodate and evaluate the sentiments of women in my responses.

Finally, I maintain impartiality in personal judgment throughout the dialogue. I relied and accommodated to the consensus, opinions, and rulings of leading and prominent Muslim scholars.

Adding that I favored neither conforming to flattering Islamic viewpoints, nor to pleasing Western opinion. My concern and priority had been, and always will be, to be truthful and accountable before Allah, on the day that all people shall stand before Him. The truth and answers inevitably lie with Him.

Sayyid Moustafa Al- Qazwini

Shawwal 1421/December 2000

Orange County, California.

Introduction by Fatma Saleh

In the name of Allah, the Most Gracious, the Most Merciful

The issue of women in Islam had always been a subject that offended and fascinated me. As a woman, born Muslim, I had been, in the past, not convinced and argumentative of my faith. I ascribed Islam as domineering, circumscribed, and prejudice towards women. I, like many other Muslim women (and non- Muslims) had based my religious convictions on the practices of culture rather than the core of faith, which had left me inimical about Islam.

I often echoed the tauntingly and haunting words of a Muslim woman I encountered briefly, “Thank God I found Islam before I found Muslims.” Not only had I found “Muslims” before I found Islam, but the constructed animosity of my faith was also formulated on the adverse writings, teachings, and dogmatic matters that shackled Muslim women.

Thus, I lived most of my life distant with preconceived and misconceived ideas about Islam and Muslim women, until I began to discursively question and ponder various subjects that I perceived as disturbing and complex. Hence, my research began on women and their rights in Islam.

Faithfully, I had maintained that God in His ultimate wisdom was just. So, - if God was a just God- then why was the share of inheritance not equal among the genders in Islam? Why was a Muslim woman’s testimony worth only half of a man? Did God really intend to limit the livelihood of Muslim women while allowing Muslim men more freedom? Was there really such a thing as rights for Muslim women? How does Islam regard the disposition of women? Would a just God ever be unfair to His creations?

Seeking the unalloyed truth, I interrogated the issues. Beneath the distorted images, misconstrued and omitted writings, the rights of women in Islam lay hidden. Undoubtedly, Muslim women had profound rights in Islam. But, like most eras of civilization, when men were fully empowered, they deemed to obstruct, deny, or strip women of rights, regardless of their religion, class, or ethnicity.

One of the most fundamental rights given to women in Islam was absolute freedom to educate themselves and Muslim women have either not taken advantage of this right, and in some cases, been denied the opportunity. Ignorance about Islam has been a major opponent for Muslim women.

Mostly, I focused my attention on Qur’anic verses, traditions of the Prophet, and some ambiguous Shari’a rulings (code of law based on the Qur’an) that related to women. Some of my findings on Muslim women were either unfounded or misrepresented, or needed an analytical explanation. I began to discover that simply reading the Qur’anic verses or shari’an laws at face value was an incomplete evaluation of their intended purpose, and that many of the injunctions were collocated by other related rulings.

For example, in the law of Hodud and Qesas (the law of talion and physical punishment) a woman is valued half of a man in terms of her death dues. The law apparently signifies a woman’s life is worth less than that of a man’s. But, one must recognize the law was based and dependent on the gender that was financially responsible for the livelihood of the family.

If a woman were murdered and she had been the responsible party in sustaining her family then her death due would be based according to a man’s caliber. Islamic writings that are misleading or taken out of context continue to characterize the image that shadows Muslim women.

In my research, I began unfolding many of the misconceptions I had accumulated. Islam was not only a reverence about God, but also an institutionalized system that governed a community, both men and women alike, to function concordantly as a unit.

Yet, there remained many issues that needed defining and many rulings that needed to be discussed. I, an average Muslim woman was unaware of all the Islamic rights that pertained to Muslim women.

Muslim women had substantial political, social, and economic rights. The subject of women in Islam needed to be discussed, explained, and written about. Throughout my independent studying, I tallied numerous inquiries and commentaries on the subject of women in Islam. I was fortunate to come across a scholar whose knowledge on Islam was not only profound, but also contemporary.

I had known Sayyid Moustafa Al- Qazwini three years prior to my proposed offer to write a book on women’s rights in Islam. I had attended his lectures, attentively listened to his interpretative views on Islam, and discussed Islamic matters with him. Sayyid Moustafa is a talented orator, but above all, he has a unique ability to discursively reason Islamic doctrines. He is a scholar with insight and sees beyond the technicalities of practicing Islamic rituals.

I wanted an opportunity to explore the subject of women in Islam from a woman’s perspective with the expertise of a Muslim scholar. When I approached Sayyid Moustafa on writing a book about Muslim women he welcomed the proposal. For over a year I had put forth my inquiries and Sayyid Moustafa responded with the answers.

Throughout our numerous interviews and correspondences we discussed and debated Qur’anic verses, traditions of the Prophet, and rights of women in marriage, divorce, testimony, and many other related issues - the matters were endless- regarding Muslim women. With his knowledge on Islam, and citing various sources, he was able to manifest by interpreting and clarifying the issues regarding women in Islam. The end result came about as a book entitled “A New Perspective - Women in Islam”.

The degree of the subjects covered in this book is limited, but they are based upon the consensus of Muslim scholars and other reliable sources. However, the covered subjects, and others that were not, still remain to be explored in depth. One of the ways to strengthen Muslim women is through education, inquiries, and dialogue.

My motivation to write this book was not to inform only Muslim women about their rights, but also non- Muslims. A doctor once asked me, “Is there such a thing as rights for Muslim women?” My answer to him was, “ Most definitely.

What has been fortunate for Muslim women has been that their rights were divinely given to them. Muslim women never had to struggle for their rights, their struggle has been in securing them.”

Fatma Saleh

The Month of Ramadan 1421/ November 2000

Los Angeles, CA- USA

Preliminary Notes

It is customary in Islam that each time the name of Allah, the prophet Muhammad, prophets, or imams (descendants and successors of prophet Muhammad) are enunciated, the following phrases are mentioned.

Allah- “Sabhanna wa- ta’alah.” Written abbreviations - SwT.

Prophet Muhammad- “Peace be upon him and his family.” Written abbreviations- pbuh&hf.

After the names of prophets and imams from the family of the Holy Prophet- “Peace be upon him/her.” Written abbreviations- pbuh.

With all due respect, admiration, acknowledgment, and praise we have omitted the mentioned phrases for the sake of continuity and have stated them in the beginning:

In the name of Allah, the most Merciful, the most Compassionate:

Subhanna wa- ta’alah.

Peace be upon him and his family.

Peace be upon the prophets.

Peace be upon the imams.