Alhassanain(p) Network for Heritage and Islamic Thought

Chapter 4: Hijab (Veiling)

Fatma: Why are Muslim women required to cover?

Sayyid: Scholars have established various explanations elucidating the subject of women covering. The two essential reasons as to why Muslim women must cover are to protect and defend women, as well as, society.

Covering is a form of protection, maintenance of chastity, and aid in the avoidance of negative temptations in society for women and men alike. When women cover, they provide dimensions of moral character and dignity, not only for themselves, but also for society.

In general, men tend to be initially inclined and instinctively attracted to the physical beauty of women. Women are also attracted to men, but in general, the physical structure of women is more personable than that of men. This is one additional reason why Muslim women are required to cover. Most importantly, however, it is to protect women from being victimized.

It is well noted that throughout history women have been victims of physical, mental, and emotional abuse within societies. Many societies have exploited and dishonored women; therefore, Islam wanted (and wants) to shield her honor and dignity by protecting her physical nature.

Besides protecting the honor of women, Islam wants to inculcate upon men the importance of women in the sphere of life. Men are to regard women in a dignified manner and value them as equal human beings. The acknowledgment of a woman should not be based on her physical appearance or structure; respect and acknowledgment must be focused on her character, her intelligence, and her moral qualities.

The subject of covering is not as foreign as some people believe. Islam was not the only religion that required women to cover. Traditionally, female followers of the divine books had been covering for hundreds of years prior to Islam’s emergence.

Many faithful women in the history of Judaism and Christianity were covered, and some women continue to do so today. Islam continued with the convention, yet it added another dimension, the philosophy which is to

“lower their gaze: yaghzuzna min ‘absaarihin.” (24:30)

This can be interpreted as showing respect and modesty in all aspects of one’s mind and body.

Fatma: Some claim that the Qur’an does not explicitly mandate women to cover, or that the doctrines are obscure and open to individual discretion. What exactly does the Qur’an state regarding the dress code for Muslim women?

Sayyid: There are two verses in the Qur’an that explicitly order and specifically state the particulars of a woman’s dress. It may also be corroborated by examining the numerous traditions of the Prophet that describes the particular attire for covering. The first verse introduced is as follows:

Say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what must ordinarily appear thereof; that they should draw their veils [khumur] over their bosoms and not display their beauty except to their husbands, their fathers, their husbands’ fathers, their sons, their husbands’ sons, their brothers or their brothers’ sons, or their sisters’ sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex, and that they should not strike their feet in order to draw attention to their hidden ornaments (24:31).

The word “veil” is been translated from the Arabic term “khumur,” and khumur is a particular item used for covering during the Prophet’s time.

The second tradition:

O Prophet! Tell thy wives and daughters, and the believing women, that they should cast their outer garments [julbab] over their persons when abroad: that is most convenient, that they should be known as such and not molested. (33:59)

“Outer garments,” in this verse is translated from the Arabic word “julbab.” Julbab was also another clothing article used for covering during the Prophet’s time. The Qur’an also gives an account on the criteria for uncovering:

Know that women advanced in years, who no longer feel any sexual desire incur no sin if they discard their outer garments, provided they make not a wanton display of their beauty: but it is best for them to be modest. (24:60)

Fatma: Could you describe the specific garments of julbab and khumur?

Sayyid: Julbab was an article worn over the clothes during the time of the Prophet. The likeness of it today would be an overcoat or a loose, long dress. Khumur was a loose scarf used during the time of the Prophet, but women wore it inappropriately. Women then only used the khumur for covering their hair while leaving their bosoms exposed. When Allah requested believing women to “draw their veils [khumurihin] over their bosoms,” He wanted them to not only cover their hair, but also wrap the scarf around their bosoms.

Fatma: The term “hijab” is not used in reference to 24:31 & 33:59. Yet, Muslim scholars relate these verses in accordance with the attire of hijab. How is hijab defined and used in the Qur’an?

Sayyid: The word hijab in Arabic means to curtail, detain the vision or scene, or act as a barrier, like a curtain. It has been used several times in the Qur’an.1

“When you ask his wives for anything you want, ask them from a screen: Wa ‘izaa sa- ‘altumuuhun- na mataa- ‘an fas- ‘aluuhunna minw- waraaa- ‘i hijaab.” (33:53)

The word hijab has been applied toward Muslim women who adhere to the practice of hijab, which entails covering or curtailing the body by wearing an outer garment over the clothes that covers and prevents viewing the shape of their bodies and hair.

The authentic attire for a Muslim woman is to wear a loose clothing article that covers the entire body from the face line to the wrist and falls below the ankles. She is not to wear any article that is form fitting, reveals contours, brightly colored, or transparent.

Fatma: Why do you suppose veiling has been significantly limited?

Sayyid: The Qur’an explains it with valuable reasons.

“That they should be known as such and not molested.” (33:59)

When a woman covers, her attire speaks on her behalf. Indirectly it implies that she does not want to be approached indecently. It also serves as an acknowledgment of her Islamic identity.

Fatma: Prior to the particular verse that required women to cover, the Qur’an makes a relevant point.

“Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them.” (24:30)

Sayyid: Not only is it a relevant point, but also a pertinent declaration. Before the Qur’an advanced the required dress for Muslim women, Allah addressed the men first, in that they are the ones who should first lower their gaze and guard their modesty.

Fatma: “Lower their gaze.” Does this signify a metaphorical or literal directive for men?

Sayyid: It signifies both. The ideology behind this verse is that women are to be revered. Women are not to be regarded or intentionally looked upon in an ill manner. Men are to be respectful. This verse denotes that men should not deliberately think or look at women in a lustful manner.

Islam regards women as an integral part of life. The Qur’an continuously iterates that women were created from the same essence as men, which also serves as a reminder that women are not inferior.2 According to Islam, women and men are equal in their creation; hence, they require the same respect and acknowledgement.3

Nevertheless, some societies regard veiling as subordination or as a form of degradation for women. Objectively, if one questions the portraying of women in some societies, in particular Western society and how women are depicted in the media, establishments, and advertising industries, would one rightfully conclude that women are being liberated in a humanitarian way?

Is this what we want to teach our daughters, sisters, or wives, that the only way for them to be recognized and worthy of is to be exploited? Unfortunately, emphasis is being placed on the physical features of a woman rather than her character and intelligence. I believe that this is truly a form of subordination, degradation, but mostly, it is insulting to women.

Islam does not consider women as mere entertainment. Islam values women. By covering the physical beauty of women, Islam has invited men to recognize their intelligence, character, and spirituality.

Fatma: Were most Qur’anic injunctions originated by actual events, such as the order for women to cover?

Sayyid: Many of the injunctions that are stated in the Qur’an were not necessarily as a result of certain incidents or predicaments. For over twenty- three years, Islam was slowly introduced into a society as a guidance for humanity. Guidelines, recommendations, orders, and laws emerged throughout these years.

Considering that the particular society in which the Prophet lived was lawless and in need of direction and reform, such changes could not simply have been done in a short time. Islam was dealing with a society that had been accustomed to their traditions for centuries and deliberated the changes with caution.

In some instances, the Qur’an would intermittently touch upon a matter and mention it in a way to draw attention to it. In some instances, the Qur’an made advantage of incidents as preludes to introduce certain laws or revelations, such as the incidents in the market that instigated laws of trade.

Sometimes, the Qur’an would introduce a resolution that ultimately would lead to an injunction. Take for example, the drinking of alcohol. Islam wanted to abolish alcohol consumption completely, but it had to gradually introduce its prohibition into a society that was accustomed to drinking.

Initially, the Qur’an mentioned that when a Muslim stood before prayers, their mind should not be intoxicated. Then, ultimately, the Qur’an prohibited alcohol completely. Then there were laws that were ordained, but later abrogated. There are a variety of reasons as to why certain ordinances were applied, but not all of the injunctions resulted from particular incidents.

The verses that requested Muslim women to cover were instigated by incidents (but did not necessarily originate with the incidents themselves). The verses were predetermined, but the occasions introduced them.

The incident that generated the first revelation regarding the covering of women was of a young man who was overtaken by the beauty of a woman passing by him. While looking at her, he walked into a wall and cut his head on a protruding object.4

The second incident occurred in the Medina market between a Jewish merchant and a Muslim woman patron. Apparently, her dress was revealing parts of her bosom that enticed the merchant to harass her provocatively.

Fatma: The Qur’an applies the words “julbab” and “khumur” in describing the form of attire for covering, but the word “hijab” is used in describing the form of covering for the wives of the Prophet.

“When you ask his wives for anything you want to ask them from before a screen.” (33:53)

Some scholars have applied this verse as a form of covering, which includes the face and hands for all Muslim women. Does the verse only pertain to the Prophet’s wives or all Muslim women?

Sayyid: Although some scholars believe that verse 33:53 may be applied to all Muslim women, the consensus of scholars is that the verse refers to and addresses the wives of the Prophet only.

Scholars describe a series of events that surrounded the Prophet as reasons for the aforementioned verse. Enemies of the Prophet, during his lifetime, continuously mocked and teased him by suggesting that when he dies they were going to marry his wives. This disturbed the Prophet. Thus ensued the dissension of the verse.

However, the idea behind the verse is to protect a woman from being perpetrated as an object of a man’s desire.

“Ask them from a screen; that makes for greater purity for your hearts and theirs.” (33:53)

The details of the verse may be ideal and realistically used in some societies where women are still being victimized or judged by their physical appearance.

Fatma: Nevertheless, there are some scholars who recommend that in certain societies women should cover completely. Would this not go against the ideology that men should “lower their gazes” and not think of women in an ill manner? How are men to learn and practice this idea if Muslim women are continuously asked to cover extensively?

Sayyid: Most scholars do not advocate the extent of such practices (complete covering). Certainly, it would be optimal if all men adhered to the teachings and principles of Islam, but it may be very challenging. Men, in general, are physically attracted to the sight of women, and for some men, one way to curb this attraction is to conceal it.

Fatma: You mentioned the basic criterion for the dress code is from the foreline of the face, to the wrist, and to below the ankles. Is this how scholars define the verse that states

“What must ordinarily appear”? (24:31)

Sayyid: Although the Qur’an does not mention the specifics of “what must ordinarily appear,” Ahlul Bayt scholars have made extensive studies of the Prophet’s traditions and the imams of Ahlul Bayt, which generally state the areas that are permitted to be uncovered, are the feet, hands, and face.5

Fatma: Why was the face not included since it can be one of the most attractive features of a woman?

Sayyid: The uncovering of the face is a form of identification. The face needs to be recognized; in addition, the woman needs to see and converse. The cause for the hands and feet to be uncovered is mainly for mobility.

Fatma: Some scholars have made it incumbent upon women to cover the soles of their feet. Why is that?

Sayyid: Scholars who make such rulings are relying on traditions that claim a woman should cover the soles of her feet because most of the traditions regarding covering exclude only the face and hands from being covered. Additionally, there is an authentic tradition that states when there is doubt about a particular matter then precautionary measure (ihtiyat) is advised.

Fatma: The Qur’an states,

“That they [women] should not display their beauty and ornaments except what must ordinarily appear.” (24:31)

Then, the Qur’an goes on to mention which people are allowed to see the woman unveiled. However, Allah seems to be revealing varying degrees of dress regarding certain people in relation to the woman. Could you explain the varying degrees of dress for a woman in front of other people?

And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what must ordinarily appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers, their husbands’ fathers, their sons, their husbands’ sons, their brothers or their brothers’ sons, or their sisters’ sons, or their women, or the slaves whom their right hands possess, or male servants free from physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments. And O ye Believers! Turn ye all together toward God, that you may attain Bliss. (24:31)

Sayyid: Your observation is correct. The verse has varying degrees of dress for a Muslim woman in relation to others.

Imam Muhammad Al- Baqir6 explained that there are three classifications or levels for displaying a woman’s ornament (ziina) - meaning her physical features. The first ornament is for the public or strangers. The second level is for the immediate family members, such as the father, brother, or son. The third classification is for the husband.7

If a Muslim woman is in public encountering or associating with men then she is required to cover by the example given of the julbab and khumur attires. Areas that she is not required to cover when in public are the hands and face.

When a woman is at home and among her immediate family members, or only females, she is to be modest in her attire. For example, her clothing apparel should cover the areas of the upper chest to below the knees. Even though she may be among her father, sons, brothers, or females, she should still be moderate in her dress.

When she is in private quarters with her husband, she should be uninhibited and free to reveal any part of her body in front of her husband.

Islam believes that women have two sides; one is humanitarian and the other is feminine. Islam wants women to reveal their humanitarian qualities among the public. The Qur’an makes an allegorical statement regarding this point.

“They should not strike their feet in order to draw attention to their hidden ornaments.” (24:31)

Not only is a Muslim woman required to cover herself physically, but she should behave accordingly as well. Covering is only one aspect of hijab; another factor is her demeanor.

Fatma: Does the Qur’an mention what sort of punishment awaits a Muslim woman if she does not adhere to hijab?

Sayyid: After the Qur’an mentions the covering of women it concludes with,

“O ye Believers! Turn you all together toward God, that you may attain bliss: wa tuubuu ‘ilal- laahi jamii- ‘an ‘ay- yuhal- Mu’- minuuna la ‘al- lakum tuflihuun.” (24: 31)

Tuubuu comes from the word inebba, which means going back or turning back. It has a very significant meaning to this particular verse in that Allah invites faithful women to turn humbly toward Him, to sincerely abide to His commandments, hence that they may attain righteousness and become prosperous.

Fatma: Do you believe that hijab has become a testimonial of a woman’s faith?

Sayyid: For some women it has become a testimonial factor of their faith; in particular, women who live in Western societies or in countries that claim to be Muslim yet have banned hijab. The practice of hijab for some women who live in such societies has become a symbol of their religious faith; an emblem of religious pride based on firm convictions of their faith. Furthermore, hijab has become a means of preserving their Islamic identity.

Fatma: Could you discuss the parameters of a Muslim woman beautifying herself?

Sayyid: There is no limit for a woman to beautify herself for her husband; in fact, it is highly encouraged. However, when she is out in public she should be natural, with the exemption of two items in which may be added for health benefits, khoel and henna.

Khoel is a natural black substance that resembles black eyeliner. It is used around the eye as a remedy to strengthen eyesight. Henna is a natural dye substance that is used to enhance skin tone and hair texture. Henna, however, cannot be exposed publicly in the form of tattooing or decorative body art.

Fatma: Some scholars have ruled that jewelry is forbidden for a woman to wear. Are the reasons that

“They should not strike their feet in order to draw attention to their hidden ornaments”? (24:31)

Sayyid: This verse is metaphorical in that any means of intentionally attracting, provoking, or enticing men is forbidden for women to do, whether it be by her clothing, jewelry, make- up, or mannerisms.

Yet, if a woman wears excessive or extraordinary jewelry in public then it would be forbidden. The consensus of the scholars is that a woman may wear basic jewelry, such as her wedding ring and an ordinary watch. Nose rings, bracelets, charms, and necklaces should not be displayed in public.

Fatma: What are the rules regarding men’s attire?

Sayyid: Interestingly, before the regulation of women covering, Allah addressed the men.

“Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them.” (24:30)

Rules of modesty are equally applicable to men. When men are aware that their body structure has become a form of attraction for women then they must adhere to the spirit of the verse.

Fatma: But a man’s form of dress is not defined by boundaries like that of a woman. Why?

Sayyid: Men do, in fact, have regulations concerning their attire. They do have a limit on covering themselves when among women. They must be covered from the chest to below the knees. The clothing is not to resemble that of women's attire.

A man’s clothes cannot be tight, revealing, or enticing. Scholars add that if a man becomes aware that his body is attracting women then he must cover. It becomes incumbent upon him to dress properly. It is forbidden for men to wear silk and gold, as well.

Fatma: Why was the Qur’an silent on the dress regulations for men?

Sayyid: Traditionally, in the pre- Islamic era, men in that society did cover, while, generally, women did not. When Islam advanced it made changes in areas that needed reform. During that era, men were already dressed appropriately; hence, the Qur’an was not going to direct a particular issue when it was already being practiced. However, the traditions of the Prophet still mention the criteria regarding men’s apparel.

Fatma: But most Muslim men do not recognize that they are obligated in any way to cover.

Sayyid: This is because they are unaware of the laws and practices of Islam.

Notes

1. Qur’an, 7:46, 42:51, 38:32, & 41:5.

2. Qur’an, 4:1, 53:45, and 46.

3. Qur’an, 3:195.

4. Usul al- Kafi, v.5, p. 521. In relation to the Qur’an 24:31.

5. Usul al- Kafi, v. 5, p. 521. Wasail Al- Sh’iah, Book of Nikah, c. 36 & 109.

6. Imam Muhammad Al- Baqir was the fifth Imam of Ahlul Bayt and successor to the Prophet.

7. Mustadrak Al- Wasel, Intro. for Nikah c. 85, v. 3.

Chapter 5: Child- Custody

Fatma: What is Islam’s view on child custody?

Sayyid: The Qur’an advises couples accordingly,

“Take mutual counsel together, according to what is just and reasonable.” (65:6)

Granting that couples cooperate and come to a mutual agreement on what is best for their children then Islam would support it.

The issue of child custody is not fostered on gender; it is based on the capability and suitability of the parent; that is, which parent is better prepared to raise the children. When parents cannot agree on settling the issue of custody, then in most cases, the father would obtain custody of the children.

Again, this is conditional based on the premise that the father was religious and morally qualified. Otherwise, the children may remain with the mother, and the father must continue to financially support his children.

If the father were granted custody of the children, it would not mean that the mother would be denied seeing the children. The mother would continue to have access to her children. A father could never deny a mother the opportunity to be with her children.

Fatma: What is the consensus among scholars on the age criteria of children when parents cannot agree on custodial rights?

Sayyid: There is no consensus among the scholars, but the general rule among the scholars is that when parents separate and they cannot agree on the issue of custody, then the mother would attain custody of the boy until the age of two and the daughter until the age of seven. However, this rule is conditional and dealt with accordingly, case by case.

If both parents were faithful and honorable, then the Islamic judge would order the first few years of the child’s life to be with the mother. This is an essential developmental time for a child, and the parent that best fits in catering to the needs of a child during those years is the mother. In most cases girls, because of their natures, are entitled to be in the care of their mothers for a longer period than boys.

Fatma: Would Islam consider the child’s preference of which parent they would wish to live with?

Sayyid: If the child had reached the age of maturity, and was responsible in determining what was best for their well being, then the Islamic judge would consider the child’s preference.

Fatma: Considering both parents were qualified religiously, morally, and financially, and each parent wanted custody of the children, how would Islam normally deal with such cases?

Sayyid: Presuming that both parents wanted custody of the children, and both were qualified in the areas you mentioned, the father would attain financial and custodial rights of the children.

There are many reasons as to why Islam has held the father to be the legal guardian of the children - the most critical of which is remarrying. In most cases, after couples divorce they remarry. The chances of a man remarrying with children are much better than a woman with children.

As unwarranted as it may be, the children may become an impediment to the woman trying to remarry. Scholars also take into consideration that if the children are brought into the home of another man they may not be fully accepted. Reasons such as the ones mentioned, are an attempt to preserve and safeguard the children as well as the parents.

Fatma:

“Mothers shall give suck to their offspring for two whole years if the father desires to complete the term.” (2:233)

Is the Qur’an implying that the father has the decisive right of whether or not the mother will nurse the child?

Sayyid: In the original text of the Qur’an, which was written in Arabic, the Qur’an states that both parents must mutually agree to complete the feeding term, not only the father.

Fatma: What would be the grounds for the mother to be granted full custodial rights?

Sayyid: There are many reasons. For example, any form of cruelty, violence, neglect, or mistreatment of the children on the father’s part would affect this decision. Furthermore, if the father were morally corrupt, irreligious, or indecent - these would also be decisive factors.

Fatma: In some instances where a father has died, the paternal grandfather attempts to claim custodial rights of the children. Does Islam permit the grandfather the right to take possession of the children while the mother is present and capable of raising them?

Sayyid: In the absence of the father, Islam permits only the paternal grandfather, if he chooses, custodial rights of the children. However, if the mother is financially and ethically capable of raising her children, without any form of negligence, then she may petition the Islamic courts or take her case to a religious scholar to secure the custody of her children.

Chapter 6: Testifying & Judging

Fatma: In all Qur’an verses regarding testimony or witnessing the mention of a “one man, two women” policy is only regarding transactions. All other related verses are general and state two witnesses with no references of gender made.1 The prolonged verse on testimony is directed at transactions of business affairs. Why is the ratio scaled, and would this be the case for all witnessing or testifying?

And get two witnesses, out of your own men, and if there are not two men, then a man and two women, such as you choose, for witnesses, so that if one of them forgets the other can remind her. (2:282)

In addition to that, there seems to be an exception to the ratio where the testimony of women is equal to that of men, in fact, it rebuts and overrides the testimony of a husband accusing his wife of adultery, hence vindicating her.

For those who launch a charge against their spouses, and have no support or evidence but their own, their solitary evidence can be received if they bear witness four times with an oath by God that they are telling the truth; but it would avert the punishment from the wife if she bears witness four times with an oath by God that her husband is telling a lie. (24:6- 8)

Sayyid: Although the Qur’anic references you cite do not mention the ratio of witnesses, most of them are mainly governed and restricted to the legislated verse in 2:228 that mentions the ratio.

Nonetheless, there are some cases or issues that require the expertise, knowledge, and experiences to which only women can testify. A woman’s testimony or witnessing is not always or necessarily in the ratio of “one man- two women” in all cases.

When it comes to women’s issues such as menstruation, pregnancy, marital consummation, or childbirth, Muslim scholars or judges will, in most cases, agree that a woman’s testimony takes precedence over that of a man.

Concerning the verse on transactions, generally in the past, women were not as familiar with contracts and negotiations as men. Business was a man’s profession. Men were more informed and experienced in commercial trade, transactions, loaning, and so forth. In general, men knew more about business than women, hence the ratio of two women as testifiers was mainly based on a woman’s inexperience in transactions, not on her ability, intelligence, or lack of trust.

“And get two witnesses out of your men.” (5:106)

The Qur’an is strict when securing transactions, one man is not sufficient for a transaction to be binding; it requires two men. Again, it is not gender based. Imam Sadiq said, “A

person who wishes to engage in business, should learn its rules and laws, and if he makes any transaction without learning them, he may suffer because of entering into a void or doubtful transaction.”2

Regarding your second point, the verse that could refute the husband accusing his wife of adultery is not related to testifying or witnessing. It serves as a means of self- defense.

Fatma: Based on your explanations that women in the past were inexperienced in business dealings. Yet, in our time, women are graduating with degrees in business and becoming very prominent in the field. Would this rule still apply to those women whose profession is business?

Sayyid: Islamic injunctions conform to the standards of society, not to the exceptions. Agreeing with your point that women are becoming professional businesswomen, be that as it may, Islamic rules cannot be overturned simply because some women are becoming experts in certain fields.

Muslim judges are extremely cautious when investigating, examining, and interrogating witnesses. Given a scenario in which a professional businesswoman was the testifier in a business dispute, then the Muslim judge may consider her testimony by examining her credentials, experience, knowledge, and credibility in the matter, just as he would if she were a man, furthermore, because she is an expert in the field, her testimony may be tantamount to that of a man. Yet, scholars would not alter the rules of ratio in witnessing, although they may consider exceptional cases.

Fatma: But the general clause of “one man- two women” would still stand as an obstacle for those women whose expertise would have to be contested in order to prove their legitimacy, as opposed to men who initially do not have to validate the extent of their expertise or knowledge.

Sayyid: In Islam there are numerous subjects governing litigation such as commercial laws, criminal laws, civil laws, family laws, and so forth. Defining the religious formality of each area would not only divert us from the main issue, but would require writing several books on the subject. To answer your question accurately, to a certain extent this may be the case in some instances and for others it may not apply. It all depends on the case and the circumstances surrounding it.

Most importantly, when it comes to witnessing or testifying, regardless of the gender or suit, the parties that are involved in the hearing would be thoroughly scrutinized; therefore, the testifiers will be contested in order to prove their legitimacy.

If the judge proved that the testifiers were incompetent or unreliable, irrespective of whether the testifiers were several men, or the judge suspected uncertainty, then the judge would disregard all of their testimonies. Again, it is not merely gender based; credibility also plays a significant role.

Fatma: It seems that most of the injunctions, exclusions, and guidelines for women in Islam appear to encircle their dispositions - their physiological and psychological states. Islamic scholars attempt to justify the logic of the rules or guidelines as being based on a woman’s nature, in particular with the injunctions on witnessing or judging matters.

Islamic scholars claim most of a woman’s judgments are governed by her emotions, such as a female’s fluctuating mental and emotional states before or during menstruation and stages of pre- and post- natal pregnancy, as justification to the status quo on witnessing or exclusions to judge. Since you have clarified that testimony is heavily dependent upon the case and credibility of the individual, not necessarily gender in all cases, could you then elaborate upon the subject of women judges in Islam and the claim of emotionalism?

Sayyid: Let me share with you a story. Years ago, when I lived with my parents and siblings, one night we heard an intruder in one of the back rooms. When we went to investigate, we found a young man in the process of stealing our television. We caught him and wanted to call the police when he began to sob and cry that if we turned him in he would be sent to prison.

Upon hearing his weeping, pleading, and apologies, my mother who had witnessed the whole incident felt compassion and sympathy for him. She appealed to us not to call the authorities and to release him. Although, my brothers also felt sympathy for him, they knew that his actions had consequences for which he should be accountable.

The story is not related to our discussion; nonetheless, the incident demonstrates well the sensitive qualities of women, in general. Emotional qualities of women are not a mark of perceptual incompetence or limitation of intelligence. In fact, the emotionalism of women is complimentary and an integral feature of her well being. It is also essential for the contentment of the family and social welfare.

As I mentioned, the emotional features of a woman is by no means a deficiency in her creation, but in some instances, and in some women, her emotionalism may be too overwhelming to contain, or it may become difficult to manage. Take, for example, acts of atrocities, violent murders, or combats of warfare.

These are very serious matters; even some men are not capable of handling or judging them. Again, in most instances, it would be very difficult for women to deal with these issues. Scholars state that men are usually better than women at handling these situations. Therefore, in some areas of judiciaries, male judges would be better suited to administer to such matters.

Regarding women being judges, there are female Muslim judges presiding over cases. Women in Islam are not exempt from becoming judges in certain courts.

Fatma: An ‘Alim is one of the highest levels of Islamic leadership and a Mujtahid is an Islamic research scholar. Could a Muslim woman ever become a ‘Alim or Mujtahid, and could you support your response with any sources from the Qur’an or traditions of the Prophet?

Sayyid: “Seeking knowledge is incumbent upon every Muslim, male and female,” said the Prophet. Note how the Prophet solidifies the tradition by stating the genders individually. A ‘Alim is someone who has reached a high level of Islamic study, and becoming a ‘Alim is acquiring knowledge. Knowledge is limitless and never gender based.

Ijtihad is the highest religious degree in Islamic study. When a person reaches the level of Ijtihad, then that person is referred to as a Mujtahid. A Mujtahid is one who is capable of deducing commandments and religious injunctions from their original sources such as the Qur’an and traditions of the Prophet. Many Muslim women have reached the level of Ijtihad.

There are many prominent Muslim women Mujtihads who are professors in Islamic seminaries, educating collegians on Islam, and authoring books on Islamic jurisprudence, as well.

A female Mujtihad is not something unprecedented. The daughter of the Prophet, Fatima was one of the most knowledgeable person concerning Islam. She taught others about Islam. Notable companions of the Prophet used to consult Fatima on religious matters. Fatima’s daughter, Zaynab also taught in the city of Kufa. Zaynab, like Fatima, was well known as a distinguished religious scholar.

Notes

1. Qur’an, 65:2, 5:106, and 4:15.

2. Usul al- Kafi, Mu’aMalat.

Chapter 7: Disciplinary Action

As for those women whose recalcitrance and offensiveness you have reason to fear, admonish them, and refrain from any contact with them, and wathrebuhun1 them if this becomes unavoidable and fair to prevent very serious harm caused by them against themselves or others; but if they want to keep you company, do not try in any way to be unfair or harmful to them. (4:34)

Fatma: Does Islam condone physical punishment?

Sayyid: Islam does not advocate or promote physical punishment. Islam encourages mutual cooperation, respect, and compassion within a marriage.

The Prophet once said, “I am astonished at a man who beats his wife, whereas it is he himself more than his wife who deserves beating.”2

“One should never torture one’s wife physically or otherwise, because whoever does so has violated the norms set by the Almighty and his Messenger,” said the Prophet.3

“How does anyone of you beat his wife as he beats his stallion and then embrace her?” said the Prophet.4

The Prophet, who was a prime example of ethical leadership, never struck any woman, animal, or any person who was aggressive toward him. Aisha, wife of the Prophet, once said, “The Prophet never hit a servant, or a female, or anyone else, except in performing jihad (defending Islam).”5

Fatma: Referring to the sensitive verse you lightly touched upon, “wazribuu- hunn” (a light tap) in “Matrimonial Rights,” you explained earlier some of the reasons and under which circumstances this rule may be applied. You briefly mentioned that a woman could impose the same infliction upon her husband by administering the sentence through the Islamic courts. Could you elaborate on this subject?

Sayyid: The Qur’an does not promote disciplinary action as the first or only means of reform, or as an obligated rule. The Qur’an states two important actions that must be taken beforehand. In the final juncture, disciplinary action should be administered only if it may be foreseen as a means to end the problem.

It is also important to note that this rule is applied only to adverse and consequential situations that pose a danger to the sanctity of the family. The precept must not be used in cases of typical or expectant disagreements that arise normally during a marriage.

The Qur’an does not mandate that one must implement this rule; this is not an obligatory injunction. The Qur’an advises the husband or wife to take initial steps to amend the situation by admonishment, seeking family intervention, and professional or religious counsel for the disobedient partner. Secondly, if the problem continues, then physical association should be suspended by the example given of not sharing the bed with the spouse.

After all measures have been explored and exhorted, and the situation continues, and if it may be conclusive that reprimanding may be a form to solve the predicament, then it may be administered. However, there is a difference between which spouse executes the action.

The Qur’an permits the husband as the executor of the verdict, but rightfully remains silent about the wife implementing the action on the husband. This does not mean, however, that husbands cannot incur the same ruling.

Islam advises the wife to pursue the sentence through the Islamic courts. The Islamic courts have the authority to physically reprimand husbands. Islam does not want wives to physically encounter their disobedient husbands since the men may become violent toward the wives.

Fatma: What degree of infliction is permitted?

Sayyid: The method and measure of administering this sentence is strictly regulated. The action must not be more than a light tap. The tap should not leave any physical marks, bruises, or broken bones. If the action incurred such marks, then the person reprimanding must pay an indemnity. The Prophet said, “O people, do not beat your women with sticks because such an act has reprisal [Qisas].”6

For some people, a minor disciplinary action may deter their misbehavior while for others it has no effect. If the partner foresees that reprimanding would not have an effect on resolving the situation then it is best to divorce instead of prolonging and aggravating the situation.

Fatma: You cite that under “adverse and consequential matters and as a means to reform the situation if the partner is open to change then disciplinary action may be sought.” Yet, the manner of judgment, “a light tap,” seems to be comparative considering that the partner is radically misbehaving; generally a light tap may not be instrumental. Why do you suppose that the Qur’an makes it a point to incorporate such an injunction?

Sayyid: Scholars deem that marital relationships should be unfettered from any form of physical punishment. However, to punish lightly could be as a form of bringing about a sense of shame, embarrassment, or belittlement. Sometimes people who behave erratically seem to be immune or less intuitive to their actions. Sometimes, and for some people, they need to be reminded - awakened in a manner which might rekindle their inner consciousness in realizing the severity of their actions.

Fatma: I have read in some Islamic literature that, if a wife refuses her husband conjugal rights, then he may implement his disciplinary right to reprimand her. True?

Sayyid: This is not a valid justification for disciplinary action. The only occasion when physical disciplinary action may possibly be administered is when the situation poses dire consequences to the individual, the partner, or the family, and may be foreseen as a means to end the problem. Most scholars recommend that husbands seek assistance from the Islamic courts rather than resorting to the physical infraction in an attempt to resolve any situation.

Fatma: You discussed in “Matrimonial Rights” that men and women are equal in condemnation; however, the Qur’an states that if a woman is convicted of lewdness, then her sentencing would be home imprisonment until death.

Yet if the man is guilty of lewdness, then repented, and amended his way, then he was left alone. Could you explain this matter?7

Sayyid: This verse was later abrogated in the Qur’an. The sentencing for fornication and adultery is equal concerning men and women.

Notes

1. Described by the Prophet as a light tap.

2. Bihar Al- Anwar.

3. Irshadul Qulub.

4. Sahih Al- Bukhari.

5. Al- Tabaqat Al- Kubra, v. 1, p. 368.

6. Bihar Al- Anwar.

7. Qur’an, 4:15- 16.