Does Islaam regard men and women as equal?

thariq2005

Praise be to Allah!
Salaamu 'alaikkum, an interesting fatwa I came across on IslamQA, and it is something that both men and women need to read, because the whole issue of EQUALITY between men and women is a bit of a misunderstood topic by many muslims... I have added some explanations to some parts of the fatwa from another fatwa to clarify any confusions that may occur, and I have did so by putting the explanations in a QUOTE.




Is there a mention of the equality of women in the qur'an?

Praise be to Allaah.

Firstly:

This word – equality – which many thinkers in both the east and the west advocate in various fields of life is a word which is based on deviation and a lack of understanding, especially when the speaker attributes this idea of equality to the Qur’aan and to Islam.

One of the things that people misunderstand is when they say that “Islam is the religion of equality”. What they should say is that Islam is the religion of justice.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said:

“Here we should note that there are some people who speak of equality instead of justice, and this is a mistake. We should not say equality, because equality implies no differentiation between the two. Because of this unjust call for equality, they started to ask, what is the difference between male and female?’ So they made males and females the same, and then the communists said, ‘What difference is there between ruler and subject? No one has any authority over anyone else, not even fathers and sons; the father has no authority over his son,’ and so on.

But if we say justice, which means giving each one that to which he or she is entitled, this misunderstanding no longer applies, and the word used is correct. Hence it does not say in the Qur’aan that Allaah enjoins equality, rather it says (interpretation of the meaning):

“Verily, Allaah enjoins Al‑‘Adl (i.e. justice)”

[al-Nahl 16:90]

“and that when you judge between men, you judge with justice”

[al-Nisa’ 4:58]

Those who say that Islam is the religion of equality are lying against Islam. Rather Islam is the religion of justice which means treating equally those who are equal and differentiating between those who are different.

No one who knows the religion of Islam would say that it is the religion of equality. Rather what shows you that this principle is false is the fact that most of what is mentioned in the Qur’aan denies equality, as in the following verses:

‘Say: Are those who know equal to those who know not?”


[al-Zumar 39:9]

‘Say: Is the blind equal to the one who sees? Or darkness equal to light?’

[al-Ra’d 13:16]

‘Not equal among you are those who spent and fought before the conquering (of Makkah, with those among you who did so later’

[al-Hadeed 57:10]

‘Not equal are those of the believers who sit (at home), except those who are disabled (by injury or are blind or lame), and those who strive hard and fight in the Cause of Allaah with their wealth and their live’

[al-Nisa’ 4:95]

Not one single letter in the Qur’aan enjoins equality, rather it enjoins justice. You will also find that the word justice is acceptable to people, for I feel that if I am better than this man in terms of knowledge, or wealth, or piety, or in doing good, I would not like for him to be equal to me.

Every man knows that he find it unacceptable if we say that the male is equal to the female.”

Sharh al-‘Aqeedah al-Waasitah, 1/180-181

Based on this, Islam does not regard men and women as equal in matters where regarding them as equal would result in injustice to one of them, because equality that is inappropriate is a severe form of injustice.

The Qur’aan commands women to wear clothes that are different from those worn by men, because of the differences in the ways each sex is tempted by the other. The temptation posed by men is less than the temptation posed by women, so the clothes that women should wear are different than the clothes that men wear. It makes no sense to tell women to expose the parts of the body that men are allowed to expose, because of the differences in the temptation posed by a woman’s body and a man’s body – as we shall explain.

Secondly:

There are matters in which men and women are treated differently in Islamic sharee’ah, such as:

1 – Qiwaamah (being in charge of the household)

Allaah says (interpretation of the meaning):

“Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other, and because they spend (to support them) from their means”

[al-Nisa’ 4:34]

Ibn Katheer (may Allaah have mercy on him) said:

“Allaah says ‘Men are the protectors and maintainers of women’ meaning that the man is in charge of the woman, i.e., he is the leader and head of the household, the one who disciplines her if she goes astray.

‘because Allaah has made one of them to excel the other’ i.e., because men are superior to women and are better than women. Hence Prophethood was given only to men, as was the position of khaleefah, because the Prophet (peace and blessings of Allaah be upon him) said, ‘No people shall ever prosper who appoint a woman as their ruler.’ This was narrated by al-Bukhaari from the hadeeth of ‘Abd al-Rahmaan ibn Abi Bakrah from his father. The same applies to the position of qaadi (judge), etc.

‘and because they spend (to support them) from their means’ refers to the mahr and the spending on women’s maintenance that Allaah has enjoined upon men in His Book and in the Sunnah of His Prophet (peace and blessings of Allaah be upon him). So a man is inherently better than a woman, and he is superior to her because he spends on her. So it is appropriate that he should be in charge of her, as Allaah says, ‘but men have a degree (of responsibility) over them’ [al-Baqarah 2:228].

‘Ali ibn Abi Talhah said, narrating from Ibn ‘Abbaas: ‘Men are the protectors and maintainers of women’ means that men are the leaders of women and they should obey them in areas where Allaah has enjoined obedience. Obedience may mean treating his family kindly and protecting his wealth.”

(Tafseer Ibn Katheer, 1/490)

2 – Testimony or bearing witness. The Qur’aan states that the testimony of one man is equivalent to the testimony of two women.

Allaah says (interpretation of the meaning):

“And get two witnesses out of your own men. And if there are not two men (available), then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs, the other can remind her”

[al-Baqarah 2:282]

Ibn Katheer said:

Two women are to take the place of one man because women are lacking in reason, as Muslim narrated in his Saheeh… from Abu Hurayrah that the Prophet (peace and blessings of Allaah be upon him) said: “O women, give in charity and seek forgiveness a great deal, for I have seen that you form the majority of the people of Hell.” A wise woman among them said, “Why is it, O Messenger of Allaah, that we are the majority of the people of Hell?” He said, “Because you curse too much, and you are ungrateful to your spouses. I have seen none lacking in common sense and failing in religion but (at the same time) robbing the wisdom of the wise, besides you.” The woman asked: “O Messenger of Allaah, what is wrong with our common sense and our religion?” He said: “Your lack of common sense (can be well judged from the fact) that the evidence of two women is equal to that of one man, that is a proof of the lack of common sense, and you spend some nights (and days) in which you do not offer prayer and in the month of Ramadan (during the days) you do not observe fast, that is a failing in religion.”

(Tafseer Ibn Katheer, 1/336)

We often hear the noble Hadeeth "Women are deficient in their intelligence and in their Deen” and some men use this Hadeeth as a form of belittlement towards the women. We desire from you O noble shaykh, clarification of the meaning of this Hadeeth?

The meaning of the Hadeeth of the Messenger of Allaah (sal-Allaahu 'alayhe wa sallam):

“I have never seen anyone with a deficiency of ‘Aql (intellect) and Deen (religion) who are more overpowering to men than one of you [women].”

So it was said:

“O Messenger of Allaah, what is the deficiency in her intelligence?”

He said:

“Isn’t the witness of two women equal to that of one man?”

So it was said:

“What is the deficiency in her Deen?”

So he said:

“Isn’t it the case that if she is menstruating she doesn’t pray or fast?”

So the Messenger (sal-Allaahu 'alayhe wa sallam) clarified that the deficiency of her intellect was from the angle of her weak memory and that her testimony is strengthened with the testimony of another woman. This is because of the preciseness of the witness (in Islaam) and because she could forget and make an addition or deletion to the testimony. Just as Allaah says:

{And bring forth two witnesses from your own men. If there are not two men (available) then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs then the other can remind her…} [2282]

As for deficiency in her Deen, then it is because during her state of menstruation and post-partum bleeding, she abandons the Salaat and fasting, and she doesn’t make up the salaat. This is from the deficiency in her Deen. But this deficiency is not blameworthy upon her. Rather it is a deficiency, which happens as a result of that which Allaah had decreed for her and this was done in a manner of leniency and easiness towards her. For if she were to fast in a state of menstruation or in a state of postpartum bleeding it would harm her. So from the Mercy of Allaah (towards women) He has legislated for her to abandon the fast at the time when she is menstruating or in a state of Nifaas, and to make up the fast afterwards. As for the salaat, then without a doubt, the state of menstruation prevents her from purification. So from the mercy of Allaah, He legislated for her to abandon her prayer and likewise in the state of Nifaas. He also legislated for her not to make it up, because in making up the (Salaat) is difficulty, because the Salaat is tremendous, and repetitious, five times throughout the night and day, and the days of menstruation can be plentiful, sometimes seven or eight days or more than that. And the Nifaas could reach 40 days. So from the mercy of Allaah upon her and from His Ihsaan (doing good) towards her is that He removed the Salaat from her whether it be the initial Salaat or the make-up. And this does not necessitate that her intelligence is deficient in everything! Nor that her Deen is deficient in everything! But indeed the Messenger (saw) clarified that the deficiency in her intelligence is from that which happens to her from the lack of precision in her memory and testimony, and that the deficiency in her Deen is from the fact that she leaves off the prayer and fasting at the time of her menses or in the state of Nifaas. Also this doesn’t necessitate that she is less than a man in everything! or the fact that the man is better in everything! Yes, generally the male gender is better than the gender of the females generally for many reasons. Just as Allaah the High and Sublime says:

{Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other, and because they spend their wealth (to support them)…} [434]

But she can surpass him, sometimes, in many things. And by Allaah how many women surpass many men in their intelligence, Deen and precision! But verily that which is narrated on the Messenger (sal-Allaahu 'alayhe wa sallam) is that the women are surpassed by men, generally, in intelligence and in the religion only. There can proceed from her many righteous actions, in which, she can surpass the men and in her Taqwah of Allaah, Azza Wa Jall, and in her station in the hereafter. There could be some affairs that she places great importance on and is precise in them more so than the precision of a man. There are many issues, which she carefully considers, and is diligent in memorizing and precise in. She would become the foundation in Islaamic history and point of reference in many affairs and this is clear to those who ponder and reflect on the state of the women during the time of the Prophet (sal-Allaahu 'alayhe wa sallam) and after that. With this it should be understood that this deficiency should not prevent her from being treated equally in her narrations and in her testimony, if it is strengthened with the testimony of another woman. And it doesn’t necessarily mean that it (this deficiency) should prevent her from having Taqwah of Allaah and the fact that she could be from the most virtuous slaves of Allaah if she is upright in her Deen, even if the fasting and Salaat is not obligatory upon her at the time of menstruation and Nifaas rather this is a deficiency which is specific to the intellect and Deen just as the Messenger (sal-Allaahu 'alayhe wa sallam) clarified. It is not appropriate that a believer should accuse her of being deficient in everything and weak in every area of her Deen, and its clarification is pertinent and important so that the speech of the Messenger is understood in it’s proper context and in the best possible manner and Allaah knows best.

There may be some women who are wiser than some men, but this is not the usual rule and such women are not in the majority. Sharee’ah is based on what is general and most common.

The fact that women are lacking in reason does not mean that they are crazy, rather their reason is often overtaken by their emotions, and this happens to women more often than it happens to men. No one would deny this except one who is arrogant.

3 – A woman inherits half of what a man inherits.

Allaah says (interpretation of the meaning):

“Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females”

[al-Nisa’ 4:11]

Al-Qurtubi said:

Because Allaah knows better than they do what is in their best interests, He made the division of inheritance based on differentiation, because He knows what is in their best interests.

Tafseer al-Qurtubi, 5/164

For example, a man is obliged to spend more than a woman, so it is appropriate that he should have a larger share of inheritance than a woman.

4 – Clothing:

A woman’s ‘awrah includes her entire body. The least that can be said is that she should not uncover anything except her face and hands, and it was said that she should not even uncover that.

Allaah says (interpretation of the meaning):

“O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (veils) all over their bodies (i.e. screen themselves completely except the eyes or one eye to see the way). That will be better, that they should be known (as free respectable women) so as not to be annoyed. And Allaah is Ever Oft‑Forgiving, Most Merciful”

[al-Ahzaab 33:59]

The ‘awrah of a man is the area from the navel to the knees.

It was said to ‘Abd-Allaah ibn Ja’far ibn Abi Taalib, “Tell us what you heard from the Messenger of Allaah (peace and blessings of Allaah be upon him) and what you saw of him, and do not tell us about anyone else, even if he was trustworthy.” He said, “I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say, ‘The area between the navel and the knee is ‘awrah.’”

Narrated by al-Haakim in al-Mustadrak (6418); classed as hasan by al-Albaani in Saheeh al-Jaami’, 5583.

Other examples include the following, which is not a comprehensive list.

There are other differences between the sexes, including the following:

· A man can marry four women, but a woman can only have one husband.

· A man has the right to issue a divorce and it is valid if he does so, but a woman does not have the right to issue a divorce.

· A man may marry a woman from among the People of the Book (Jews and Christians), but a Muslim woman may not marry anyone but a Muslim.

· A man may travel without his wife or any of his mahrams, but a woman may not travel unless she is accompanied by a mahram.

· Prayer in the mosque is obligatory for men, but not for women; a woman’s prayer in her house is more beloved to Allaah.

· A woman may wear silk and gold, but a man must not wear them.

Everything that we have mentioned is based on the difference between men and women, because the male is not like the female. Allaah says (interpretation of the meaning):

“And the male is not like the female”

[Aal ‘Imraan 3:36]

The male is different from the female in many ways, in his strength, in his body, in his toughness and roughness, whereas women are soft and gentle.

And men are different in intellectual terms, for men are known for their strength of understanding and their memory as compared to women. Women are weaker than men in memory and forget more than men do. This is well known, for most of the reputable scholars in the world are men. There are some women who are more intelligent and have better memories than some men, but this does not cancel out the general rule. Most cases are as we have described above.

With regard to emotions, men speak of them when they get angry or when they are happy, but women are affected by the slightest emotional effects, so their tears flow at the slightest emotional provocation.

Jihad is obligatory for men, but jihad in the sense of fighting is not obligatory for women. This is the mercy of Allaah towards them, and consideration for their nature.

In conclusion we may say that the rulings for men are not like the rulings for women.

Thirdly:

Islam regards men and women as equally obliged with regard to many acts of worship and interactions with others. For example, women do wudoo’ just as men do, they do ghusl as men do, they pray as men do, and they fast as men do, except when they are menstruating or bleeding following childbirth. Women pay zakaah as men pay zakaah, and they do Hajj as men do, except for a few differences in the rulings. It is permissible and acceptable to buy from a woman, and if a woman gives charity, that is permissible. It is permissible for a woman to set free the slaves that she owns, and there are many other similar cases because women are the twin halves of men, as it says in the hadeeth:

It was narrated that ‘Aa’ishah said: The Messenger of Allaah (peace and blessings of Allaah be upon him) was asked about a man who finds some wetness (on his clothes) but did not have an erotic dream, and he said, “He should do ghusl.” He was asked about a man who had an erotic dream but did not find any wetness, and he said, “He does not have to do ghusl.” Umm Salamah said, “O Messenger of Allaah, if a woman sees that, does she have to do ghusl?” He said, “Yes, for women are the twin halves of men.”

(Narrated by al-Tirmidhi, 113; Ahmad, 25663. Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi, 98)

Conclusion:

Women are like men in some aspects and they differ from them in others. Most of the rulings of Islam apply to men and women equally. In cases where a distinction is made between the sexes, the Muslim regards that as a mercy from Allaah and a sign of His knowledge of His creation, but the arrogant kaafir sees it as oppression and injustice, so he stubbornly insists on claiming that men and women are the same. So let him tell us how a man can carry a foetus and breastfeed it? He stubbornly ignores the weakness of women and how they bleed during their monthly period, and he stubbornly beat his head against the rock of reality. But the Muslim is still at peace with his faith, surrendering to the command of Allaah.

“Should not He Who has created know? And He is the Most Kind and Courteous (to His slaves), All‑Aware (of everything)”

[al-Mulk 67:14 – interpretation of the meaning]

Islam honours women greatly. It honours women as mothers who must be respected, obeyed and treated with kindness. Pleasing one's mother is regarded as part of pleasing Allaah. Islam tells us that Paradise lies at the mother’s feet, i.e. that the best way to reach Paradise is through one's mother. And Islam forbids disobeying one’s mother or making her angry, even by saying a mild word of disrespect. The mother’s rights are greater than those of the father, and the duty to take care of her grows greater as the mother grows older and weaker. All of that is mentioned in many texts of the Qur'aan and Sunnah.

For example, Allaah says (interpretation of the meaning):

“And We have enjoined on man to be dutiful and kind to his parents”

[al-Ahqaaf 46:15]

“And your Lord has decreed that you worship none but Him. And that you be dutiful to your parents. If one of them or both of them attain old age in your life, say not to them a word of disrespect, nor shout at them but address them in terms of honour.

24. And lower unto them the wing of submission and humility through mercy, and say: ‘My Lord! Bestow on them Your Mercy as they did bring me up when I was young’”

[al-Isra’ 17:23, 24]

Ibn Maajah (2781) narrated that Mu’aawiyah ibn Jaahimiah al-Sulami (may Allaah be pleased with him) said: I came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said: O Messenger of Allaah, I want to go for jihad with you, seeking thereby the Face of Allaah and the Hereafter. He said, “Woe to you! Is your mother still alive?” I said, Yes. He said, “Go back and honour her.” Then I approached him from the other side and said: O Messenger of Allaah, I want to go for jihad with you, seeking thereby the Face of Allaah and the Hereafter. He said, “Woe to you! Is your mother still alive?” I said, Yes. He said, “Go back and honour her.” Then I approached him from in front and said, O Messenger of Allaah, I want to go for jihad with you, seeking thereby the Face of Allaah and the Hereafter. He said, “Woe to you! Is your mother still alive?” I said, Yes. He said, “Go back and honour her (lit. stay by her feet), for there is Paradise.”

Classed as saheeh by al-Albaani in Saheeh Sunan Ibn Maajah. It was also narrated by al-Nasaa’i with the words: “Stay with her for Paradise is beneath her feet.”

Al-Bukhaari (5971) and Muslim (2548) narrated that Abu Hurayrah (may Allaah be pleased with him) said: A man came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said: “O Messenger of Allaah, who is most deserving of my good company?” He said: “Your mother.” He said: “Then who?” He said: “Your mother.” He said: “Then who?” He said: “Your mother.” He said: “Then who?” He said: “Then your father.”

And there are other texts which we do not have room to mention here.

One of the rights which Islam gives to the mother is that her son should spend on her if she needs that support, so long as he is able and can afford it. Hence for many centuries it was unheard of among the people of Islam for a mother to be left in an old-people’s home or for a son to kick her out of the house, or for her sons to refuse to spend on her, or for her to need to work in order to eat and drink if her sons were present.

Islam also honours women as wives. Islam urges the husband to treat his wife in a good and kind manner, and says that the wife has rights over the husband like his rights over her, except that he has a degree over her, because of his responsibility of spending and taking care of the family’s affairs. Islam states that the best of the Muslim men is the one who treats his wife in the best manner, and the man is forbidden to take his wife’s money without her consent. Allaah says (interpretation of the meaning):

“and live with them honourably”

[al-Nisa’ 4:19]

“And they (women) have rights (over their husbands as regards living expenses) similar (to those of their husbands) over them (as regards obedience and respect) to what is reasonable, but men have a degree (of responsibility) over them. And Allaah is All-Mighty, All-Wise”

[al-Baqarah 2:228]

And the Prophet (peace and blessings of Allaah be upon him) said: “I urge you to treat women well.” Narrated by al-Bukhaari, 331; Muslim, 1468.

And the Prophet (peace and blessings of Allaah be upon him) said: “The best of you is the one who is best to his wife, and I am the best of you to my wives.” Narrated by al-Tirmidhi, 3895; Ibn Maajah, 1977; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

And Islam honours women as daughters, and encourages us to raise them well and educate them. Islam states that raising daughters will bring a great reward. For example, the Prophet (peace and blessings of Allaah be upon him) said: “Whoever takes care of two girls until they reach adulthood, he and I will come like this on the Day of Resurrection,” and he held his fingers together. Narrated by Muslim, 2631.

Ibn Maajah (3669) narrated that ‘Uqbah ibn ‘Aamir (may Allaah be pleased with him) said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “Whoever has three daughters and is patient towards them, and feeds them, gives them to drink and clothes them from his riches, they will be a shield for him from the Fire on the Day of Resurrection.” Classed as saheeh by al-Albaani in Saheeh Ibn Maajah.

Islam honours woman as sisters and as aunts. Islam enjoins upholding the ties of kinship and forbids severing those ties in many texts. The Prophet (peace and blessings of Allaah be upon him) said: “O people! Spread (the greeting of) salaam, offer food (to the needy), uphold the ties of kinship, and pray at night when people are sleeping, and you will enter Paradise in peace.” Narrated by Ibn Maajah, 3251; classed as saheeh by al-Albaani in Saheeh Ibn Maajah.

Al-Bukhaari (5988) narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Allaah, may He be exalted, said to the ties of kinship: ‘Whoever upholds you, I will support him, and whoever breaks you, I will cut him off.’”

All of these qualities may co-exist in a single woman: she may be a wife, a daughter, a mother, a sister, an aunt, so she may be honoured in all these ways.

To conclude: Islam raised the status of women, and made them equal with men in most rulings. So women, like men, are commanded to believe in Allaah and to worship Him. And women are made equal to men in terms of reward in the Hereafter. Women have the right to express themselves, to give sincere advice, to enjoin what is good and forbid what is evil, and to call people to Allaah. Women have the right to own property, to buy and sell, to inherit, to give charity and to give gifts. It is not permissible for anyone to take a woman’s wealth without her consent. Women have the right to a decent life, without facing aggression or being wronged. Women have the right to be educated; in fact it is obligatory to teach them what they need to know about their religion.

Anyone who compares the rights of women in Islam with their situation during the Jaahiliyyah or in other civilizations will understand that what we are saying is true. In fact we are certain that women are given the greatest honour in Islam.

There is no need for us to mention the situation of women in Greek, Persian or Jewish society, but even Christian societies had a bad attitude towards women. The theologians even gathered at the Council of Macon to discuss whether woman was merely a body or a body with a soul. They thought it most likely that women did not have a soul that could be saved, and they made an exception only in the case of Mary (Maryam – peace be upon her).

The French held a conference in 586 CE to discuss whether women had souls or not, and if they had souls, were these souls animal or human? In the end, they decided that they were human! But they were created to serve men only.

During the time of Henry VIII, the English Parliament issued a decree forbidding women to read the New Testament because they were regarded as impure.

Until 1805, English law allowed a man to sell his wife, and set a wife’s price at six pennies.

In the modern age, women were kicked out of the house at the age of eighteen so that they could start working to earn a bite to eat. If a woman wanted to stay in the house, she had to pay her parents rent for her room and pay for her food and laundry.

See ‘Awdat al-Hijaab, 2/47-56.

How can this compare to Islam which enjoins honouring and kind treatment of women, and spending on them?

Secondly:

With regard to the changes in these rights throughout the ages, the basic principles have not changed, but with regard to the application of these principles, there can be no doubt that during the golden age of Islam, the Muslims applied the sharee’ah of their Lord more, and the rulings of this sharee’ah include honouring one’s mother and treating one’s wife, daughter, sister and women in general in a kind manner. The weaker religious commitment grew, the more these rights were neglected, but until the Day of Resurrection there will continue to be a group who adheres to their religion and applies the sharee’ah of their Lord. These are the people who honour women the most and grant them their rights.

Despite the weakness of religious commitment among many Muslims nowadays, women still enjoy a high status, whether as daughters, wives or sisters, whilst we acknowledge that there are shortcomings, wrongdoing and neglect of women’s rights among some people, but each one will be answerable for himself.

And Allaah knows best.
 

Asja

Pearl of Islaam
Assalamu Allaicum wa rahmatullah wa barakatuhu

Jazzak Allah khair brother for an very interesting fatwa. I have red it but I think I need to read it few times more to understand it better InshAllah, as they are some things that are not completaly clear to me.

InshAllah when I find more time I will give my coment on the full post.

But for now I have one question related for the one part of your post.

· A man has the right to issue a divorce and it is valid if he does so, but a woman does not have the right to issue a divorce.

Is this according with Islam and where are proves for this in Quran and Sunnah???

My knowledge regarding this is completaly different and Allhamdulilah according with Quran and Sunnah.

This has made me confused and I would say even hurted.

And Allah knows the best

May Allah forgive me if I have said something wrong and all of us.Ameen

May Allah guide us all

Wa Allaicumu Sallam wa rahmatullah wa barakatuhu
 

Asja

Pearl of Islaam
And men are different in intellectual terms, for men are known for their strength of understanding and their memory as compared to women. Women are weaker than men in memory and forget more than men do. This is well known, for most of the reputable scholars in the world are men. There are some women who are more intelligent and have better memories than some men, but this does not cancel out the general rule. Most cases are as we have described above.

Assalamu allaicum Wa rahmatulah wa barakatuhu

I would also dissagree with this becouse it all depends from individual to individual, and case to case.

It can not be said that men have better memory in general, neither for women in general. And neither the example of most schoolars being man can not confirm this statment above. We would need some statistic and medical datas on this.

EDIT:
I have found some researchs on this isue

But what statistic have shown and medical and other researchs is that women are those who have better memory than man, and this is also what I have learned during my education and from my professors.

And Allah knows the best

Wa Allaicumu Sallam wa rahmatulah wa barakatuhu
 

arzafar

Junior Member
Assalamu allaicum Wa rahmatulah wa barakatuhu

I would also dissagree with this becouse it all depends from individual to individual, and case to case.

It can not be said that men have better memory in general, neither for women in general. And neither the example of most schoolars being man can not confirm this statment above. We would need some statistic and medical datas on this. But what statistic have shown and medical and other researchs is that women are those who have better memory than man, and this is also what I have learned during my education and from my professors.

And Allah knows the best

Wa Allaicumu Sallam wa rahmatulah wa barakatuhu

that's what i have observed too. math, bio, chem, physics, further math. every single one of the science courses was topped by girls when i did a level. However, IQ tests prove otherwise.

http://www.dailymail.co.uk/news/article-405056/Men-intelligent-women-claims-new-study.html

http://news.bbc.co.uk/2/hi/education/4183166.stm

btw 5 points on IQ test is not much at all.

i think the two female testimonies = one male testimony may be because of intelligence in practical situations.

This can be illustrated by how differently a mother would react to her child's injury than would a father. For example, generally if a mother found her child injured on the ground, her first reaction would be to ask what happened, whereas a father's first reaction would be to get the child to the hospital.

Why the difference? Because a father's logical reaction is to get the child immediate medical attention and ask questions later. But a mother's emotions drive her to first seek an explanation for the injury.

men tend to look at the bigger picture whereas women tend to focus on a particular detail.
 

Asja

Pearl of Islaam
that's what i have observed too. math, bio, chem, physics, further math. every single one of the science courses was topped by girls when i did a level. However, IQ tests prove otherwise.

http://www.dailymail.co.uk/news/article-405056/Men-intelligent-women-claims-new-study.html

http://news.bbc.co.uk/2/hi/education/4183166.stm

btw 5 points on IQ test is not much at all.

i think the two female testimonies = one male testimony may be because of intelligence in practical situations.

This can be illustrated by how differently a mother would react to her child's injury than would a father. For example, generally if a mother found her child injured on the ground, her first reaction would be to ask what happened, whereas a father's first reaction would be to get the child to the hospital.

Why the difference? Because a father's logical reaction is to get the child immediate medical attention and ask questions later. But a mother's emotions drive her to first seek an explanation for the injury.

men tend to look at the bigger picture whereas women tend to focus on a particular detail.


Assalamu Allaicum wa rahmatullah wa barakatuhu

Jazzak Allah khair dear brother

Yes I agree on the point of emotions, and they are more expressed from the side of woman and less freom the side of man. Regarding your example dear brother, there are some diffrent cases which I have seen where mother has reacted on the way the "father" in your example did.

But I think with memory is diffrent, women are reading faster than man, and how some old researches have shown is that women have better memory than man do. The best resolts in studies during my time in primary, secundary school and now at University has belonged and it is belonging to women.

And Allah knows the best

Wa Allaicumu Sallam wa rahmatullah wa barakatuhu
 

thariq2005

Praise be to Allah!
As salaamu 'alaikkum, sister Asja, I apologize if things have made you upset or angry, for that was not my intention. Nor was it my intention to degrade the women of islaam, for verily Allaah has glorified the women with Islaam.

As for the first question you asked, then here is your answer, and I hope it answers your question...

Praise be to Allaah.

Khula’ means the separation of the wife in return for a payment; the husband takes the payment and lets his wife go, whether this payment is the mahr which he gave to her, or more or less than that.

The basic principle concerning this is the verse in which Allaah says (interpretation of the meaning):

“And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal-money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allaah (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allaah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al-Khul‘ (divorce)”

[al-Baqarah 2:229]

The evidence for that from the Sunnah is that the wife of Thaabit ibn Qays ibn Shammaas (may Allaah be pleased with him) came to the Prophet (peace and blessings of Allaah be upon him) and said, “O Messenger of Allaah, I do not find any fault with Thaabit ibn Qays in his character or his religious commitment, but I do not want to commit any act of kufr after becoming a Muslim.” The Prophet (peace and blessings of Allaah be upon him) said to her, “Will you give back his garden?” Because he had given her a garden as her mahr. She said, “Yes.” The Prophet (peace and blessings of Allaah be upon him) said to Thaabit: “Take back your garden, and divorce her.”

(Narrated by al-Bukhaari, 5273).

From this case the scholars understood that if a woman cannot stay with her husband, then the judge should ask him to divorce her by khula’; indeed he should order him to do so.

With regard to the way in which it is done, the husband should take his payment or they should agree upon it, then he should say to her “faaraqtuki” (I separate from you) or “khaala’tuki (I let you go), or other such words.

Talaaq (i.e., divorce) is the right of the husband, and does not take place unless it is done by him, because the Prophet (peace and blessings of Allaah be upon him) said: “Talaaq is the right of the one who seizes the leg (i.e., consummates the marriage)” i.e., the husband. (Narrated by Ibn Maajah, 2081; classed as hasan by al-Albaani in Irwa’ al-Ghaleel, 2041).

Hence the scholars said that whoever is forced to divorce his wife by talaaq wrongfully, and divorces her under pressure, then his divorce is not valid. See al-Mughni, 10/352.

With regard to what you mention, that a woman in your country might arrange her own divorce through the man-made laws, if this is for a reason for which it is permissible to seek a divorce, such as disliking her husband, not being able to stay with him or disliking him because of his immoral ways and indulgence in haraam actions, etc., there is nothing wrong with her seeking divorce, but in this case she should divorce him by khula’ and return to him the mahr that he gave to her.

But if she is seeking divorce for no reason, then that is not permissible and the court ruling on divorce in this case does not count for anything in terms of sharee’ah. The woman still remains the wife of the man. This gives rise to a new problem, which is that this woman is regarded as a divorcee in the eyes of the (man-made) law, and can re-marry after her ‘iddah ends, but in fact she is still a wife and not a divorcee.

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) was asked about a similar matter and said:

Now we have a problem. The fact that she is still married to him means that she cannot marry anyone else, but according to the court ruling she is apparently divorced from him, and when her ‘iddah ends she can re-marry. I think that the only way out of this problem is that good and righteous people should get involved in this matter, to bring about reconciliation between the man and his wife. Otherwise she has to give him some payment, so that it will be a proper shar’i khula’.

Liqa’ al-baab al-Maftooh by Shaykh Muhammad ibn ‘Uthaymeen, no. 54; 3/174.
Islam Q&A

As far as the memory arguement is concerned, then this is something that is mentioned in the Shari'aah of Allaah subhanahu wa t'aala, and it is general to all the people, yet you may have exceptions where our sisters, may Allaah have mercy on them, suprass the men in memory, intellect, precision, etc... This was stated above..

So the Messenger (sal-Allaahu 'alayhe wa sallam) clarified that the deficiency of her intellect was from the angle of her weak memory and that her testimony is strengthened with the testimony of another woman. This is because of the preciseness of the witness (in Islaam) and because she could forget and make an addition or deletion to the testimony. Just as Allaah says:

{And bring forth two witnesses from your own men. If there are not two men (available) then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs then the other can remind her…} [2282]
 

rayray

Junior Member
I find a lot of points here disagreeable!

#1: men are known for their strength of understanding and their memory as compared to women. Women are weaker than men in memory and forget more than men do.

----uhm, really?

"This is well known, for most of the reputable scholars in the world are men."

----this is poor evidence

"So let him tell us how a man can carry a foetus and breastfeed it? He stubbornly ignores the weakness of women and how they bleed during their monthly period, and he stubbornly beat his head against the rock of reality."


-----indeed, It is not an easy task. There is a difference between fragility and weakness


There is a thread here somewhere discussing the same topic. That one is balanced though.... It backs up it's statements with actual scientific research, and doesn't have the pretext "men and women are treated justly in Islam" when it really seems to say "women are weaker than men" :)
 

Asja

Pearl of Islaam
As salaamu 'alaikkum, sister Asja, I apologize if things have made you upset or angry, for that was not my intention. Nor was it my intention to degrade the women of islaam, for verily Allaah has glorified the women with Islaam.

As for the first question you asked, then here is your answer, and I hope it answers your question...



As far as the memory arguement is concerned, then this is something that is mentioned in the Shari'aah of Allaah subhanahu wa t'aala,

Wa Allaicumu Sallam wa rahmatullah wa barakatuhu dear brother. Alhamdulilah there is no reason to apologise, you have only tryed to pass knowledge on us and duty of each of us is to seek knowledge, ask the questions regarding the things we do not understand well and InshAllah to stay upon the truth.

With regard to what you mention, that a woman in your country might arrange her own divorce through the man-made laws, if this is for a reason for which it is permissible to seek a divorce, such as disliking her husband, not being able to stay with him or disliking him because of his immoral ways and indulgence in haraam actions, etc., there is nothing wrong with her seeking divorce, but in this case she should divorce him by khula’ and return to him the mahr that he gave to her.

In Islam (Shariah law) both Muslim man and woman(husband and wife) have the right to choose will they remain in marriage or not.

In the fatwa which you posted I have red:

A man has the right to issue a divorce and it is valid if he does so, but a woman does not have the right to issue a divorce.

This has confused me and hurt me becouse this is not explained well, and Allah knows the best.
In Islam (Shariah law) both Muslim man and woman(husband and wife) have the right to choose will they remain in marriage or not, as long as the divorce from both sides is becouse of valid reasons.

Muslim woman and Muslim man are equal in their rights and obligations, althouhg someone can say that "equality" means "justice", these are completaly diffrent tearms with diffrent meaning. Both equality and justice are mentioned in Quran, but not like something what is equal,becouse it is not, rather like something with what Allah is pleased and what is good, and Allah knows the best.
For example:In terms of religious obligations, such as the Daily Prayers, Fasting, Poor-due, and Pilgrimage, woman is no different from man.

Whoever works righteousness, man or woman, and has faith, verily to him will We give a new life that is good and pure, and We will bestow on such their reward according to the their actions. (Quran 16:97, ).

"Seeking knowledge is mandatory for every Muslim". (AlBayhaqi). Muslim as used here including both males and females.

For Muslim men and women,- For believing men and women, For devout men and women, For true men and women, For men and women who are Patient and constant, for men And women who humble themselves, For men and women who give In charity, for men and women Who fast (and deny themselves), For men and women who Guard their chastity, and For men and women who Engage much in God's praise,- For them has God prepared Forgiveness and great reward Quran, AI-Ahzab 33:35


And also for example both Muslim man and Musliman woman have the right to get marry. In this right they are equal. Although Muslim man can merry four women and in this he is not equal to a woman, but still this does not erase the fact that regarding the right on marriage both Muslim woman and man are equal.

And regarding the "memory" of man annd woman I still think the isue should not be generalised and it all depends from case to case, becouse every time some new researshes are done.

Dear brother you have posted an ayah regarding the testimony of one man and two women. This is not becouse women in generall have less memory than man, but due to women being more sensitive and having more expressed emotions, like for example fear which can affect on her perception. This does not mean that woman has less memory than man in general.

And Allah knows the best

Jazzak Allah khair dear brother for providing answer on my first question. May Allah reword you and for your all efforts.Ameen

I apologise if I have said something wrong, it was not my intention to do so.

Assalamu Allaicum wa rahmatullah wa barakatuhu
 
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