Islamic Law

"The counsel that to the extent possible one should not divorce a woman during her menses again has nothing to do with protecting her interests. The reason is the same one on account of which the divorced woman is prohibited from remarrying until she has completed three menstruations: the object is to preclude subsequent disputes about the paternity of a child that may be born later on. This becomes evident from considering the attitude of the jurists in the case of girls who are too young to bear children and to that of women who are too old to do so. Do the jurists require that the husband pause and reconsider? Here is the answer in Durr-ul-Mukhtar: And it is valid to divorce them, that is a woman whose menstruation has stopped on account of old age, and a minor girl, and a pregnant woman, soon after having sexual enjoyment (with them), because the prohibition (against repudiation soon after having sexual enjoyment) in case of wives subject to menstruation is due to the suspicion (or possibility) of the wife being pregnant, but this is impossible here (that is in the case of wives who are too old or too young)"

"In the great classic of Sunni law, the Durr-ul-Mukhtar, the work that is treated as gospel by so many of our authorities giving fatwas, we read: A husband says, ‘If my wife’s mother does not come to me tonight, my wife is divorced,’ and there are witnesses who testify that, indeed, the mother did not come to him in the night, the wife is out."

"The Durr-ul-Mukhtar declares, ‘A man divorces his wife once after consummation, then renders that one divorce three, it is all right, just as when a man repudiates his wife with a reversible divorce and then turns it, before retracting, into absolute.’ A man says the word Aituddi thrice and intends a repudiation by the first and menses by the rest, he will be believed judicially, because he has intended (in his second and third repetition of the term) to use it in its original sense, but if he makes no intention thereby, i.e. by his second and third repetition of the term, three repudiations will be effected, because his intention of repudiation by the first use of the term shows the state of his mind. Two divorces will be effected if he intends by the second use of the term only to effect a repudiation, but one only will be effected if he intends to repudiate only by the third repetition of the term. And it will not be effected (at all) if by none of the three (repetitions) he meant to effect a divorce. Twenty-four different results follow from various uses of the term Aituddi as has been mentioned by Kamal. To these may be added one more case in which the speaker means to effect only one repudiation by every repetition of the term. In such a case one will take effect according to conscience, and three according to law."

"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)."

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

"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."

"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."

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

"(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”."

"(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."

"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."

"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."

"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 `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. ..."

"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."

"Narrated Jabir bin 'Abdullah: I was accompanying the Prophet on a journey and was riding a slow camel that was lagging behind the others. The Prophet passed by me and asked, "Who is this?" I replied, "Jabir bin 'Abdullah." He asked, "What is the matter, (why are you late)?" I replied, "I am riding a slow camel." He asked, "Do you have a stick?" I replied in the affirmative. He said, "Give it to me." When I gave it to him, he beat the camel and rebuked it. Then that camel surpassed the others thenceforth. The Prophet said, "Sell it to me." I replied, "It is (a gift) for you, O Allah's Apostle." He said, "Sell it to me. I have bought it for four Dinars (gold pieces) and you can keep on riding it till Medina." When we approached Medina, I started going (towards my house). The Prophet said, "Where are you going?" I Sad, "I have married a widow." He said, "Why have you not married a virgin to fondle with each other?" I said, "My father died and left daughters, so I decided to marry a widow (an experienced woman) (to look after them)." He said, "Well done." When we reached Medina, Allah's Apostle said, "O Bilal, pay him (the price of the camel) and give him extra money." Bilal gave me four Dinars and one Qirat extra. (A sub-narrator said): Jabir added, "The extra Qirat of Allah's Apostle never parted from me." The Qirat was always in Jabir bin 'Abdullah's purse."

"Narrated Jabir bin Abdullah: While we were returning from a Ghazwa (Holy Battle) with the Prophet, I started driving my camel fast, as it was a lazy camel A rider came behind me and pricked my camel with a spear he had with him, and then my camel started running as fast as the best camel you may see. Behold! The rider was the Prophet himself. He said, 'What makes you in such a hurry?" I replied, I am newly married " He said, "Did you marry a virgin or a matron? I replied, "A matron." He said, "Why didn't you marry a young girl so that you may play with her and she with you?" When we were about to enter (Medina), the Prophet said, "Wait so that you may enter (Medina) at night so that the lady of unkempt hair may comb her hair and the one whose husband has been absent may shave her pubic region."

"Narrated Jabir bin 'Abdullah: When I got married, Allah's Apostle said to me, "What type of lady have you married?" I replied, "I have married a matron' He said, "Why, don't you have a liking for the virgins and for fondling them?" Jabir also said: Allah's Apostle said, "Why didn't you marry a young girl so that you might play with her and she with you?'"

"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."

"Had I ordered anybody to prostrate before any one, I would have ordered women to prostrate before their husbands on account of men's rights over the women ordained by Allah."

"There is one passage, however, which apparently endorses a pre-Islamic Arab custom. This is the sentence at the end of verse 38 permitting a husband to beat his wife: "And those women whose insubordination you fear, admonish them, then leave them alone in the beds, then beat them!" … Abu Bakr's daughter Asma, who was the fourth wife of Zobayr b. ol-Awwam (one of the Prophet's first ten converts and principal companions), is reported to have said, "Whenever Zobayr was angry with one of us, he used to beat her until the stick broke.""

"A man should marry four wives: A Persian to have some one to talk to; a Khurasani woman for his housework; a Hindu for nursing his children; a woman from Mawaraun nahr, or Transoxiana, to have some one to whip as a warning to the other three."

"There is the Islamic view of marriage. Apologists of Islam, ever so anxious to show how progressive and avant-garde and modern their religion has always been, never tire of saying: In Islam marriage is not a sacrament, it is just a contract. Woman, as we shall see when we turn to the Quran and the Hadis, is just an ‘affliction’ that man has to suffer; she is just a field that he may irrigate or not irrigate as it pleases him; at best she is one of the things that Allah has created for him to enjoy; when on top of all this marriage is but a contract specifying the terms on which he may enjoy the thing—the mehr, as Ram Swarup reminds us being literally the ‘wages’ or ‘hire’ for using the woman—the ulema naturally visit all the consequences on the woman. The husband has but to enjoy the woman, and when he tires of her can just cast her off paying her the nominal maintenance, and the mehr which had been agreed to in the contract. And Allah, in His mercy, has not put these latter at anyonerous level. The minimum mutah, the consolatory gift, we learn, is one pair of clothes and the maximum is one slave or slave girl. The maintenance is to be board and lodging for just three months. And while it is fashionable nowadays to fix the mehr at poetically grandiloquent levels, it is just as fixed a practice to have the wife agree to forego it on the nuptial night itself. [...] The Quran (2.241) explicitly says, ‘Those of you who die leaving surviving widows shall bequeath to their widows provisions for a year without (their) being turned out.’ In direct contravention to this the compendium of Islamic law, the Hidayah, states, ‘Maintenance is not due to a woman after her husband’s decease...’ The Imamia goes even further to say, ‘A widow has no right to maintenance even though she be pregnant.’"

"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."

"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."

"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.""

"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."

"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!"

"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."

"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."

"If some people do not like a representation of art, there are other ways to counter it. I never support violent attack on artistic freedom. I also do not support the trend of issuing fatwa. But, there are politicians, who support or protest on the basis of religion."

"And yet I find in the majority judgement a fatal innocence... The judgement quotes the proclamations from the Rig, Yajur and Atharva Vedas - about all human beings being one, about their being the children of the same Mother-Earth, about the yearnings that all of use be friends. But it does not note that less than a mile from its building volumes upon volumes of fatwas are being sold and distributed which exhort Muslims never to trust Kafirs, never to allow them into their confidence; which tell them that their first duty and allegiance is to their religion and not to sundry laws..."

"“We should, in particular the Muslim liberal should speak the whole truth about the condition of Muslim society—for instance about the plight of women within it. And not flinch from tracing it back to its roots—the text, the laws, the ways of thinking. We should document the social practice of the Ulema [Muslim religious leaders] and of the fundamentalist politicians.…We should document what the Ulema etc. have been saying and decreeing on religious issues themselves.…We must, in particular the Muslim liberal must, take the consistently secular position on every matter—that is the only way to confront the fundamentalists, it is the surest way to bring home the alternative viewpoint to the community.…Fatwas and the rest which impinge upon the civil rights of a person are manifestly a criminal infringement of law; we should show them up as such; and join others in demanding that anyone who seeks to trample upon the rights of others by using…fatwas should be brought to book under the law. Similarly, we must expose, and work to thwart concessions by our opportunist politicians which are meant to appease, and will in the end strengthen the grip of these reactionary elements.…"

"In a word, fatwas are the shariah in action."

"We need to stop the flow of suicide bombers, we need to stop the fatwas (religious edicts) coming from Saudis to justify the killings of innocent Iraqis."

"Imagine your son becomes your guardian, no matter my capabilities as a woman, I am still enslaved to somebody else. Freedom for me is to live with dignity, and if my dignity and freedom is controlled by a man, I will never be free."