Islam And Women

"Narrated 'Aisha: I asked the Prophet, "O Allah's Apostle! Should the women be asked for their consent to their marriage?" He said, "Yes." I said, "A virgin, if asked, feels shy and keeps quiet." He said, "Her silence means her consent.""

"Iyas b. Abdullah reported God's messenger as saying, "Do not beat God's handmaidens;" but when `Umar came to God's messenger and said, "The women have become emboldened towards their husbands," he gave licence to beat them. Then many women went round God's messenger's family complaining of their husbands, and he said, "Many women have gone around complaining of their husbands. Those are not the best among you." Abu Dawud, Ibn Majah, and Darimi transmitted it."

"If a husband calls his wife to his bed [i.e. to have sexual relation] and she refuses and causes him to sleep in anger, the angels will curse her till morning."

"Narrated Abu Usaid: We went out with the Prophet to a garden called Ash-Shaut till we reached two walls between which we sat down. The Prophet said, "Sit here," and went in (the garden). The Jauniyya (a lady from Bani Jaun) had been brought and lodged in a house in a date-palm garden in the home of Umaima bint An-Nu'man bin Sharahil, and her wet nurse was with her. When the Prophet entered upon her, he said to her, "Give me yourself (in marriage) as a gift." She said, "Can a princess give herself in marriage to an ordinary man?" The Prophet raised his hand to pat her so that she might become tranquil. She said, "I seek refuge with Allah from you." He said, "You have sought refuge with One Who gives refuge. Then the Prophet came out to us and said, "O Abu Usaid! Give her two white linen dresses to wear and let her go back to her family." Narrated Sahl and Abu Usaid: The Prophet married Umaima bint Sharahil, and when she was brought to him, he stretched his hand towards her. It seemed that she disliked that, whereupon the Prophet ordered Abu Usaid to prepare her and to provide her with two white linen dresses. (See Hadith No. 541)."

"Humaid b. 'Abd al-Rahman b. 'Auf reported that his mother Umm Kulthum daughter of 'Uqba b. Abu Mu'ait, and she was one amongst the first emigrants who pledged allegiance to Allah's Apostle (may peace be upon him), as saying that she heard Allah's Messenger (may peace be upon him) as saying: A liar is not one who tries to bring reconciliation amongst people and speaks good (in order to avert dispute), or he conveys good. Ibn Shihab said he did not hear that exemption was granted in anything what the people speak as lie but in three cases: in battle, for bringing reconciliation amongst persons and the narration of the words of the husband to his wife, and the narration of the words of a wife to her husband (in a twisted form in order to bring reconciliation between them)."

"Narrated Umar ibn al-Khattab: The Prophet (peace be upon him) said: A man will not be asked as to why he beat his wife."

"Narrated Abdullah ibn AbuDhubab: Iyas ibn Abdullah ibn AbuDhubab reported the Apostle of Allah (peace be upon him) as saying: Do not beat Allah's handmaidens, but when Umar came to the Apostle of Allah (peace be upon him) and said: Women have become emboldened towards their husbands, he (the Prophet) gave permission to beat them. Then many women came round the family of the Apostle of Allah (peace be upon him) complaining against their husbands. So the Apostle of Allah (peace be upon him) said: Many women have gone round Muhammad's family complaining against their husbands. They are not the best among you."

"He (Muhammad b. Qais) then reported that it was 'A'isha who had narrated this: Should I not narrate to you about myself and about the Messenger of Allah (may peace be upon him)? We said: Yes. She said: When it was my turn for Allah's Messenger (may peace be upon him) to spend the night with me, he turned his side, put on his mantle and took off his shoes and placed them near his feet, and spread the corner of his shawl on his bed and then lay down till he thought that I had gone to sleep. He took hold of his mantle slowly and put on the shoes slowly, and opened the door and went out and then closed it lightly. I covered my head, put on my veil and tightened my waist wrapper, and then went out following his steps till he reached Baqi'. He stood there and he stood for a long time. He then lifted his hands three times, and then returned and I also returned. He hastened his steps and I also hastened my steps. He ran and I too ran. He came (to the house) and I also came (to the house). I, however, preceded him and I entered (the house), and as I lay down in the bed, he (the Holy Prophet) entered the (house), and said: Why is it, O 'A'isha, that you are out of breath? I said: There is nothing. He said: Tell me or the Subtle and the Aware would inform me. I said: Messenger of Allah, may my father and mother be ransom for you, and then I told him (the whole story). He said: Was it the darkness (of your shadow) that I saw in front of me? I said: Yes. He struck me on the chest which caused me pain, and then said: Did you think that Allah and His Apostle would deal unjustly with you?...""

"It was narrated that Ash'ath bin Qais said: "I was a guest (at the home) of 'Umar one night, and in the middle of the night he went and hit his wife, and I separated them. When he went to bed he said to me: 'O Ash'ath, learn from me something that I heard from the Messenger of Allah" A man should not be asked why he beats his wife, and do not go to sleep until you have prayed the Witr."' And I forgot the third thing." (Hasan)"

"It was narrated from Aishah that : the Messenger of Allah said: “Any woman whose marriage is not arranged by her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. If (the man) has had intercourse with her, then the Mahr belongs to her in return for his intimacy with her. And if there is any dispute then the ruler is the guardian of the one who does not have a guardian.” (Sahih)"

"It was narrated that: Abdullah bin Abu Awfa said” When Muadh bin Jabal came from Sham, he prostrated to the Prophet who said: 'What is this, O Muadh?' He said: 'I went to Sham and saw them prostrating their bishops and patricians and I wanted to do that for you.' The messenger of Allah said: 'Do not do that. If I were to command anyone to prostrate to anyone other than Allah, I would have commanded women to prostrate to their husbands. By the one in who hand is the soul of Muhammad! No woman can fulfill her duty towards Allah until she fulfills her duty towards her husband. If he asks her (for intimacy) even if she is on her camel saddle, she should not refuse.' “(Hasan)"

"Mujahid said that "if you have any doubt" (65:4) means if you do not know whether she menstruates or not. Those who do not longer menstruate and those who have not yet menstruated, their 'idda is three months."

"(And for such of your women as despair of menstruation…) [65:4]. Said Muqatil: “When the verse (Women who are divorced shall wait, keeping themselves apart…), Kallad ibn al-Nu‘man ibn Qays al-Ansari said: ‘O Messenger of Allah, what is the waiting period of the woman who does not menstruate and the woman who has not menstruated yet? And what is the waiting period of the pregnant woman?’ And so Allah, exalted is He, revealed this verse”. Abu Ishaq al-Muqri’ informed us> Muhammad ibn ‘Abd Allah ibn Hamdun> Makki ibn ‘Abdan> Abu’l-Azhar> Asbat ibn Muhammad> Mutarrif> Abu ‘Uthman ‘Amr ibn Salim who said: “When the waiting period for divorced and widowed women was mentioned in Surah al-Baqarah, Ubayy ibn Ka‘b said: ‘O Messenger of Allah, some women of Medina are saying: there are other women who have not been mentioned!’ He asked him: ‘And who are they?’ He said: Those who are too young [such that they have not started menstruating yet], those who are too old [whose menstruation has stopped] and those who are pregnant’. And so this verse (And for such of your women as despair of menstruation…) was revealed”."

"Sahih Al-Bukhari, Chapter 68: Book of Tafsir CCCLXXXIV: The Tafsir of Surat at-Talaq"

"It was narrated that Iyas bin 'Abdullah bin Abu Dhubab said: "The Prophet said: 'Do not beat the female slaves of Allah.' Then 'Umar came to the Prophet and said: 'O Messenger of Allah, the woman have become bold towards their husbands? So order the beating of them,' and they were beaten. Then many women went around to the family of Muhammad,. The next day he said: 'Last night seventy women came to the family of Muhammad, each woman complaining about her husband. You will not find that those are the best of you.' " (Sahih)"

"Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies.""

"The `Iddah of Those in Menopause and Those Who do not have Menses Allah the Exalted clarifies the waiting period of the woman in menopause. And that is the one whose menstruation has stopped due to her older age. Her `Iddah is three months instead of the three monthly cycles for those who menstruate, which is based upon the Ayah in (Surat) Al-Baqarah. [see 2:228] The same for the young, who have not reached the years of menstruation. Their `Iddah is three months like those in menopause. This is the meaning of His saying. ..."

"Surah lxv 1:-"O Prophet! When ye divorce women, divorce them at their special times. And reckon those times exactly, and fear God your God. Put them not forth from their houses, nor allow them to depart, unless they have committed a proven adultery. This is the precept of God, assuredly imperilleth his own self. Thou knowest not whether, after this, God may not cause something new to occur which may bring you together again."

"Here, one should bear in mind the fact that according to the explanations given in the Quran the question of the waiting period arises in respect of the women with whom marriage may have been consummated, for there is no waiting-period in case divorce is pronounced before the consummation of marriage. (Al-Ahzab: 49). Therefore, making mention of the waiting-period for the girls who have not yet menstruated, clearly proves that it is not only permissible to give away the girl in marriage at this age but it is also permissible for the husband to consummate marriage with her. Now, obviously no Muslim has the right to forbid a thing which the Quran has held as permissible."

"The question whether in the particular circumstance the wife shall stand divorced or not is ever so often put alongside the question whether in the analogous circumstance a slave would be freed or not: if in those circumstances, according to some previously settled ‘principle of Islamic jurisprudence’, the slave would be freed, the wife stands divorced; if in those circumstances the slave is to continue in bondage, the wife continues as wife.... That perceptual equivalence—between the wife and the slave—marks the Durr-ul-Mukhtar too. There is not a trace of concern for what shall pass on the wife. The concern is with the power of the husband, the concern is that he should not fall short of having his oath prevail."

"In glaring contrast to the gloss which modern apologists try to put on the matter, Islamic jurists have faithfully followed the view of women embedded in the Quran and Hadis. They have enforced the true position: that the husband has absolute power in the matter of divorce; that he need assign no reason for throwing his wife out; that he owes the wife no maintenance beyond providing her the barest minimum in the three months following his pronouncement of talaq; and that the wife has no corresponding power. The apologists make much of the fact that in certain circumstances under Islamic law the wife can divorce herself—this, they say, is a unique facility which Islamic law alone gives to the wife. But they glide over two facts about the matter: the wife acquires this power only if the husband delegates it to her; and, the moment the wife exercises this power, that is the moment she dissolves the marriage by divorcing herself she loses even the meagre rights she would otherwise have had upon the dissolution of the marriage. Far from being a facility for the wife, the practice becomes a facility for the husband: by driving the wife to divorce herself, the husband is not only able to rid himself of her, he is able to rid himself of anything that might otherwise have been her due. The total inequality of the relationship is brought home by the hundreds of pages which the law books and the volumes of fatwas devote to what is called ‘Conditional Divorce’. In this form the husband makes the divorce contingent upon some act or event: the moment that act or event transpires, the wife is out."

"One can safely presume that Muslim women would want to be liberated from the extreme insecurity it foments as much as non-Muslim women would if the latters’ husbands had been given the same power. The Muslim husband can scotch any thought his wife may have of expressing support for reform by declaring, ‘If you ever question the Triple talaq rule, you will be thrice divorced.’ He can go further and have her demonstrate in favour of her continuing to live in bondage. He can say, ‘Unless you join the demonstration against the Triple talaq judgment (or the Shah Bano judgment, or whatever) on Wednesday, three talaqs on you’—and unless she joins the demonstration she is out without maintenance, without rights, without any authority from which she may seek succour. And our editorialists will marvel at the miracle: so devoted are the women to the shariah, the editors will write, that they are out shouting that they would rather continue in servitude than allow anyone to touch it!"

"Surah al-Talaaq 65:4: If a woman does not menstruate, either because she is very young or old and past menopause, then her ‘iddah is three months, because Allaah says (interpretation of the meaning): “And those of your women as have passed the age of monthly courses, for them the ‘Iddah (prescribed period), if you have doubt (about their periods), is three months; and for those who have no courses (i.e. they are still immature) their ‘Iddah (prescribed period) is three months likewise."

"Every divorce is lawful except a madman's."

""Cursed be the second husband who makes the wife (divorce) lawful for her first husband, and cursed be the first husband for whom she is made lawful." - (Mishkat, xiii, c xv.)"

"The thing which is lawful but disliked by God is divorce."

"The prophet of Allah said: When a man calls his wife to satisfy his desire, let her come to him though she is occupied at the oven."

"And [as for] those of your women who (read allā'ī or allā'i in both instances) no longer expect to menstruate, if you have any doubts, about their waiting period, their prescribed [waiting] period shall be three months, and [also for] those who have not yet menstruated, because of their young age, their period shall [also] be three months - both cases apply to other than those whose spouses have died; for these [latter] their period is prescribed in the verse: they shall wait by themselves for four months and ten [days] [Q. 2:234]. And those who are pregnant, their term, the conclusion of their prescribed [waiting] period if divorced or if their spouses be dead, shall be when they deliver. And whoever fears God, He will make matters ease for him, in this world and in the Hereafter."

"Whenever attention is drawn to the absolute and inhuman power that the Shariah gives to the husband to throw his wife out, to terrorize her into submission, the apologists say, ‘That is just a smear. Allah and the Prophet have declared repeatedly that of all things, talaq is the worst.’ They have indeed. ... That is all very well. But, having recounted such declarations, the apologists never explain how that which is the most detestable thing has been made so easy for the husband! For, while in theory talaq is said to be so abominable to Allah, in practice the position is entirely the opposite. The jurists repeat the counsel that divorce is something from which one should abstain. But this is just counsel. As to the power, they are unanimous: it is a power which lies with the husband, and it is untrammelled. Should the husband choose to exercise it, no one, and no consideration can save the wife. The counsel itself has the caveat invariably built into it, a caveat large enough to drive an elephant through it: you should not give talaq, the jurists say adding, except when there is need for it! In the typical instance, we read in Durr-ul-Mukhtar, one of the great works of Sunni jurisprudence, ‘And giving of divorce is permissible, according to all (the jurists) because the verses (of the Quran) are unconditional (in this respect). And it has been said by Kamal, that the most correct view is that one should abstain from it, except when there is need for it, for example, in cases of suspicion (about the character of the wife) and old age (of the wife)...’ and so on, each clause permitting that which the previous one had counselled against. In theory talaq may be abominable but in practice the husband has the power—the absolute, unconditional power, a power for exercising which he is not accountable to anyone on earth—to throw the wife out by just uttering the word ‘talaq’... The fatwas enforce these rules with the utmost rigour. They enforce two rules in addition: the rule that, faced with such a pronouncement, the wife has no recourse at all, there is no one, no authority which can intervene to save her as wife; and the rule that once she is thrown out she is entitled to no maintenance at all, save the minimum sustenance during three menstruations, that is she is entitled to nothing at all after three months are over."

"It was narrated from Abu Hurairah that: the Prophet said: “A woman may be married for four things: Her wealth, her lineage, her beauty or for her religion. Choose the religious, may your hands be rubbed with dust (i.e., may you prosper).” (Sahih)"

"It was narrated from Abu Hurairah that: the Messenger of Allah said: “No woman should arrange the marriage of another woman, and no woman should arrange her own marriage. The adulteress is the one who arranges her own marriage.” (Sahih)"

"Giving one’s young children in marriage (is permissible) by virtue of the Statement of Allah: ‘And for those who have courses’ (i.e. they are still immature) (Sura 65:4) And the ‘Iddat [waiting period for a woman before lawful sexual intercourse] for the girl before puberty is three months (in the above Verse)."

"The woman who asks her husband to divorce her without a cause, the smell of Paradise is forbidden her."

"There are three things which, whether done in joke or in earnest, shall be considered serious and effectual, namely, marriage, divorce, and taking a wife back."

"The rationale for throwing the wife out even in these circumstances is telling. It is set out in the Hidayah: The divorce of one acting upon compulsion, from threats, is effective, according to our doctors—Shafi’i maintains that it is not effective, because a person who is compelled has no option, and no formal act of law is worthy of regard unless it be purely optional: contrary to the case of a jester, who, in mentioning divorce, acts from option, which is the cause of its validity. Our doctors, on the other hand, allege that the person here mentioned pronounces divorce under circumstances of complete competency, (maturity of age and sanity of intellect), the result of which is that the divorce takes effect equally with that of a person uncompelled, for with him necessity (namely, the necessity of separation from a wife who may be odious or disagreeable to him) is the reason of its efficiency; and the same reason applies to the divorce of a compelled person, as he is also under necessity of divorce, in order that he may be released from the apprehension of that with which he was threatened by the compeller. The foundation of this is that the man alluded to has the choice of two evils; one, the thing with which he is threatened or compelled; and the other, divorce upon compulsion; and viewing both, he makes choice of that which appears to him the easiest, namely, divorce; and this proves that he has an option, though he be not desirous that its effect should be established, or, in other words, that divorce should take place upon it; nor does this circumstance forbid the efficiency of his sentence; as in the case of a jester; that is to say, if a man pronounce a divorce in jest, it takes effect although he be not desirous that it should; and so likewise the divorce of one who is compelled."

"The point is put in perspective on the very next page. If there is some doubt about a woman, the Fatawa-i-Rizvia rules, or if she is a sinner, or if she does not observe namaz, or if she has become old, then talaq given without detestation is proper and valid. In fact, in certain cases it is desirable to do so, says the Fatawa-i-Rizvia. The ulema hold, it declares, that if she does not observe namaz, then, even if he is unable to pay the dower, even then the husband should give the talaq. In certain circumstances it is proper to do so, the fatwa reiterates. For instance, if the mother and father order one to give talaq and if not doing so will upset them or if they will be put to hardship, then to give talaq is wajib, it is proper, even if she, the wife, is not in the wrong at all. Yes, in the Hadis it is said that talaq given without need or justification is detestable or prohibited, notes the fatwa. But if the husband gives it, it shall certainly be effective. His sinning and doing that which is detestable does not stop it from taking effect, it says. For instance, it is haram to give talaq during menstruation, it is disobedience of the hukum of Allah. But if it is given, it shall certainly take effect, the fatwa declares."

"To begin with, the rulings of the jurists show that the husband has the total, absolute, unbridled power to tell his wife, ‘Unless you do “X”,’ or, in the alternate, ‘Unless you refrain from doing “Y”,’ ‘you are divorced’. A mere listing of the ‘X’ and ‘Y’ which the Islamic jurists have held to cause, unless complied with, full and final divorce, a mere listing of these takes one’s breath away. It shows that under the much-vaunted Islamic law of marriage and divorce, at a mere statement of the husband the wife must either reduce herself to totally submitting to the whim and fancy of the husband or stand divorced. She has absolutely no option in the matter. Indeed, once he has stated his whim or condition, the husband has no option either: he cannot ex post facto take pity or give in to the entreaties of the wife and let her stay unless she fulfils the condition he had laid down—unless she fulfils it, that is, as completely, and as fervently, and as promptly as he had specified."

"But, to proceed. In the rulings of which the foregoing are representative the wife can survive by submitting herself completely to the whims and fancies, the commands and worse of the husband. The rulings thus entail subjugation, complete subjugation, but only subjugation. At least there is something the wife can do—namely, submit herself completely to the husband’s whims and wishes—to keep herself from being thrown out on the street. The next set of rulings entail much more—they reduce the woman to a condition of terror. For the husband may by his mere statement—a statement he may make in anger, a statement he may make just to emphasize a point, and of course a statement he may make when he in fact wants to plunge the wife into terror—the husband can make the continuance of the marriage contingent on events over which the wife has no control whatsoever. In the face of the hundreds of rulings to this effect which Islam’s canonical law books contain, to maintain, as the apologists do, ‘No religion has given a higher place to women than Islam’, is not just ludicrous, it is chicanery. Three reasons alone explain how such assertions continue to be made, and continue to be repeated in our newspapers: first, hardly anyone among us looks up, or even knows about these rulings—although they are the very stuff of the fundamental books of Islamic jurisprudence; second, echoing, and adopting as one’s own the assertions of Islam’s champions is the way to be secular in India; and third, there is the power of terror—to recall that these rulings are what constitute the truth about the position of Muslim women is to open oneself to the terrorism of Islam’s champions. While reading the rulings, one should assess whether this kind of jurisprudence leaves any room for the kinds of reform that some would like to bring about by relying on ‘the principles of Islamic jurisprudence’ themselves."

"The net result of the much-vaunted shariah is obvious: the woman lives in the sort of dread which a non-Muslim woman cannot even imagine, to say nothing of non-Muslim males. The husband can make her continuance subject to the most humiliating and painful conditions. He can take on other wives at will, without so much as a nominal ‘By your leave’. He can pronounce a revocable talaq at a whim, and ‘resume’ her at will. That the power to resume the wife on whom he has pronounced the talaq once or twice within the iddat period is as absolute as the power to throw her out, that in fact it is but an aspect of the power to throw her out is affirmed repeatedly by the ulema. The wife’s consent is not needed at all, they declare."

"Surah ii 226: -"They who intend to abstain from their wives shall wait four months; but if they go back from their purpose, then verily God is Gracious, Merciful." ... "And if they resolve on a divorce, then verily God is He who Heareth, Knoweth.""

"O Prophet, when you divorce women, divorce them when they have reached their period. Count the period, and fear God your Lord. Do not expel them from their houses, nor let them go forth, except when they commit a flagrant indecency. Those are God's bounds; whosoever trespasses the bounds of God has done wrong to himself. Thou knowest not, perchance after that God will bring something new to pass."

"Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, and for those who have no courses (it is the same): for those who carry (life within their wombs), their period is until they deliver their burdens: and for those who fear Allah, He will make their path easy."

"The interpretation of the verse "And those of your women as have passed the age of monthly courses, for them the 'Iddah (prescribed period), if you have doubt (about their periods), is three months; and for those who have no courses (i.e. they are still immature) their 'Iddah (prescribed period) is three months likewise". He said: The same applies to the 'idaah for girls who do not menstruate because they are too young, if their husbands divorce them after consummating the marriage with them."

"(And for such of your women as despair of menstruation) because of old age, (if ye doubt) about their waiting period, (their period (of waiting) shall be three months) upon which another man asked: “O Messenger of Allah! "What about the waiting period of those who do not have menstruation because they are too young?” (along with those who have it not) because of young age, their waiting period is three months." Another man asked: “what is the waiting period for those women who are pregnant?” (And for those with child) i.e. those who are pregnant, (their period) their waiting period (shall be till they bring forth their burden) their child. (And whosoever keepeth his duty to Allah) and whoever fears Allah regarding what he commands him, (He maketh his course easy for him) He makes his matter easy; and it is also said this means: He will help him to worship Him well."

"Al-Wahidi, Asbab al-nuzul Qur'an 65:4"

"So We listened to him: and We granted him John: We cured his wife's (Barrenness) for him. These (three) were ever quick in emulation in good works; they used to call on Us with love and reverence, and humble themselves before Us."

"And Mary said, My soul doth magnify the Lord, And my spirit hath rejoiced in God my Saviour. For he hath regarded the low estate of his handmaiden: for, behold, from henceforth all generations shall call me blessed. For he that is mighty hath done to me great things; and holy is his name. And his mercy is on them that fear him from generation to generation. He hath shewed strength with his arm; he hath scattered the proud in the imagination of their hearts. He hath put down the mighty from their seats, and exalted them of low degree. He hath filled the hungry with good things; and the rich he hath sent empty away. He hath helped his servant Israel, in remembrance of his mercy; As he spake to our fathers, to Abraham, and to his seed for ever."

"But the angel said to him: “Do not be afraid, Zechariah; your wife Elizabeth will bear you a son, and you are to call him John. He will be a joy and delight to you, and many will rejoice because of his birth, for he will be great in the sight of the Lord. He is never to take wine or other fermented drink, and he will be filled with the Holy Spirit even before he is born."

"After this his wife Elizabeth became pregnant and for five months remained in seclusion. “The Lord has done this for me,” she said. “In these days he has shown his favor and taken away my disgrace among the people.”"

"When Elizabeth heard Mary’s greeting, the baby leaped in her womb, and Elizabeth was filled with the Holy Spirit. In a loud voice she exclaimed: “Blessed are you among women, and blessed is the child you will bear! But why am I so favored, that the mother of my Lord should come to me? As soon as the sound of your greeting reached my ears, the baby in my womb leaped for joy. Blessed is she who has believed that the Lord would fulfill his promises to her!”"