Articles

Violence Against Women
Author : Dr. Hassan Abu_Arqoub
Date Added : 16-01-2017

Violence Against Women

 

 

From 25 November, the International Day for the Elimination of Violence against Women, to 10 December, Human Rights Day, 16 Days of Activism against Gender-Based Violence Campaign is a time to galvanize action to end violence against women and girls around the world.

The connection between these two occasions is that we can`t preserve human rights if we fail to preserve women`s rights and protect them against oppression and violence. This is because women constitute half of society and are most exposed to violation, where 70% of them have been subjected to violence during their life, according to a survey by the United Nations.

Those who may think that the afore survey is overstated and that holding a sixteen-day campaign to prevent and end violence against women is an act of luxury, are very much mistaken because this is a global phenomenon that has different forms, but people may have become so accustomed to that they don`t see as violation of women`s rights and an act of violence against them. I will briefly review some these forms:

First: Physical Violence

Many women are physically abused by men, be they husbands, fathers or brothers.

Studies conducted by Harvard University showed that 20-60% of the women in developing countries are beaten by their own family members, or husbands. This percentage shouldn`t be taken lightly since it is a serious indicator of the physical abuse women are experiencing at the hands of the aforementioned persons.

This phenomenon also applies to developed countries, where the study showed that 30% of the American women and 95% of the French women were physically abused by their husbands. This is very shameful, the very persons who are supposed to protect women are the ones abusing them. 

Undoubtedly, physical abuse creates pains and emotional problems because it humiliates the victim and denies him/her the sense of dignity, which Allah has created them with. Moreover, it could cause permanent disability and even death.

The question that arises here is that: is it acceptable that the man uses his strength and authority to degrade the woman? This is definitely turning norms upside down and manipulating power improperly, and the outcome is: a weak-degraded woman raising generations or functioning as a school?

Second: Verbal Abuse

Verbal abuse includes swearing, degrading and describing women with words that undermine human dignity. A questionnaire conducted in one of the neighboring countries showed that 52% of the women there were verbally abused. Moreover, a study in one of the Afro-Arab countries showed that 34% of the women there, from a sample of 2850 households, were verbally abused. This indicates that this kind of abuse poses a serious problem that should be solved.

 

Verbal abuse reflects disrespect to the abused and so it undermines his/her character and self-confidence. It also makes them in a constant state of fear and insecurity, and consequently they suffer from depression.

 

Some people may not be aware of the fact that verbal abuse could be more severer than physical abuse. Yakoob Al-Hamdooni, a poet, said: 

 "wounds inflicted by a lance like a head might heal easily, but words inflicted by tonge have no remedy.

Third: Emotional/Psychological Violence

Emotional violence crystallizes as a repercussion for the acts of oppression practiced against the woman, such as: preventing her from education, marriage, assuming high offices although she is qualified, or favoring males over her with respect to food, clothes and treatment. As a result, she suffers from a severe emotional damage that drives her into a state of depression. 

 

Moreover, her emotional state could deteriorate to a level where she starts hating herself and her femininity, and wishes that she wasn`t born as such; therefore, she loses self-confidence, and fails to perform her role. In addition, her community is at loss as well because it will miss the contributions of an active member. 

 

Fourth: Economic Violence

This type has many forms: deprivation from inheritance or giving her a small portion of it, or taking possession of her salary, or denying her maintenance or alimony. Definitely, these forms constitute a flagrant discrimination against women because they are simply women, but laws and sound minds reject this.

 

Since Islamic Law (Sharia) has given the woman the right to inherit and to be financially independent from her husband to enjoy her possessions, why do some deny her that right, equating her with a slave who can neither be free nor has any possessions? Undoubtedly, she will suffer from persecution and inferiority complexes as a repercussion for this unjustified violence. As a result, she becomes poor emotionally and economically at an era described as the era of economic enablement for women. This will also deprive her from participating in the growth of economy and increasing local production.

 

After this brief revision of the forms of violence against women, it is imperative that we ponder upon the following:

 

First: From the view point of Sharia, violence is condemned and unjustified; therefore, pinning it on religion is mere fabrication, and totally rejected. There are countless texts from the Quran and the Sunna encouraging people to protect women and be kind to them, be they mothers, sisters, daughters or wives.

 

Second: A woman must be dealt with as a competent person, not as inferior, not as slave or property because doing so undermines her dignity as a human being although Allah has created her with that dignity. Moreover, nothing is worse for a person than being humiliated and degraded.

 

Third: We should trust a woman`s potentials since she is a human being that has mind and emotions, and can be creative just like men. Accordingly, we should give her a window of opportunity to demonstrate her creativity, serve her community and help advance it.

 

Fourth: Showing respect to a woman and considering her feelings help improve her psychological condition; consequently, this helps her accomplish the difficult task that she has been entrusted with, namely bringing up future generations and leaders. Indeed, a strong and balanced mother will produce a strong and sound generation; whereas, a weak and unbalanced mother will produce an unstable and incompetent generation.

 

The aforementioned aren`t a gift that a man bestows upon a woman; rather, they are her natural right, and it is our duty, as humans, to help her claim them because she is our mother, sister, daughter, wife, and, most importantly, half of community.

The published article reflects the opinion of its author

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Summarized Fatawaa

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

What are the Sunnahs and etiquettes recommended for the person offering the Udhiyah?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
There are several Sunnahs (prophetic traditions) and etiquettes that are highly recommended for the person offering an Udhiyah (sacrificial offering) to observe:
 
First:
It is a Sunnah for anyone intending to offer a sacrifice to refrain from cutting or removing any of their hair or nails once the first ten days of Dhul-Hijjah begin. This is based on the statement of the Prophet (peace and blessings be upon him): "When the ten days [of Dhul-Hijjah] begin and one of you intends to offer a sacrifice, let him not touch any of his hair or skin." (Narrated by Muslim)
 
However, if someone does happen to remove any hair or nails, they have not committed a sin, and their sacrifice remains perfectly valid.
 
Second:
The person offering the sacrifice should ideally slaughter the animal themselves. If they are unable to do so, they should at least witness its slaughter. This is drawn from what our Master, the Messenger of Allah (peace and blessings be upon him), said to Lady Fatima (may Allah be pleased with her):
 
"Stand up and witness your sacrifice, for with its very first drop of blood, every sin you have committed will be forgiven." (Narrated by Al-Tabarani in his Mu'jam, Al-Hakim in his Mustadrak, and Al-Bayhaqi in his Sunan)
 
Third:
Face the Qiblah (the direction of prayer) at the time of slaughtering, as the Qiblah is the most honorable of directions.
 
Fourth:
Pronounce the name of Allah (Tasmiyah) at the moment of slaughter by saying: "Bismillah ar-Rahman ar-Rahim" (In the Name of Allah, the Most Gracious, the Most Merciful). Even if one forgets to say it, the meat remains lawful (Halal) to eat. Allah, Blessed and Exalted is He, says:
 
"So eat of that [meat] upon which the name of Allah has been mentioned." (Al-An'am: 118)
 
It is also recommended to send blessings upon our Master, the Messenger of Allah (peace and blessings be upon him), and to follow it with the Takbeer (Allahu Akbar).
 
Fifth:
Supplicate for acceptance by saying: "Allahumma hadhihi minka wa ilayka, fa-taqabbal minni" (O Allah, this is a blessing from You and is offered back to You, so please accept it from me). This means: This sacrifice is a blessing that originated from You, and I am offering it to draw closer to You. And Allah the Almighty Knows Best.

I have a date farm, and the dates come in different categories, and within each category there are different sizes. How is zakāh paid on the yield?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If the yield reaches the niṣāb (the minimum threshold for zakāh to become obligatory) — which is five awsuq (plural of wasq), equivalent to (611) kg — then zakāh becomes obligatory upon it, at a rate of one-tenth ('ushr) if irrigated by rainwater (i.e., naturally, without the use of machinery), or one-twentieth (half of the 'ushr) if irrigated using machinery/equipment.
If the yield of dates consists of different varieties, then zakāh should be paid from each variety according to its respective proportion. If this proves difficult, it is permissible to pay from a medium-quality variety [representative of the average].
It is stated in Ḥāshiyatā Qulyūbī wa ‘Umayrah (Vol.2/P.22): "Different varieties are combined together [for the purpose of calculating the niṣāb] — such as the various types of dates, the various types of raisins, and so on — and zakāh is paid from each type according to its respective proportion. However, if this becomes difficult due to the large number of varieties and the small quantity of each individual type, then zakāh should be paid from a medium-quality variety among them — neither the best nor the worst — out of consideration for both sides [the giver and the poor recipient]. If one goes to the trouble of paying from each variety according to its proportion, this is also permissible." And Allah, the Exalted, knows best.

Is an elderly or chronically ill person required to pay additional fidyah if they delay it beyond the first year?

An elderly person or someone permanently unable to fast must pay fidyah by feeding one needy person for each missed day.
However, if they delay paying fidyah beyond the first year, no additional fidyah is required.
This differs from someone who delays making up missed Ramadan fasts (qada) without a valid excuse until the next Ramadan begins—such a person is required to pay an additional fidyah for the delay.