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Women`s Rights
Author : Dr. Ibrahim Ejjo
Date Added : 16-10-2022

 

 

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

Unlike any pre-Islamic or post-Islamic legislation, Islam has given women a great deal of attention. It has been the beginning of the turning point for women. Rather, it is the actual turning point. In pre-Islamic times, women were given no consideration whatsoever: They were buried alive, deprived, enslaved, humiliated, and degraded. The attention Islam has given to women emanates from realizing their significant role in educating and upbringing future generations since the mother is a school. 

 

However, the enemies of Islam seize every opportunity to corrupt women. They do this in cold blood through pretending to cry for women and their rights; as if these are lost or wasted. They incite women against the religion of Allah under the pretext of reform, but Allah knows their evil intentions. They want Muslim women to abandon their modesty and get off their chastity. They launch slogans for women and give them hope for freedom and happiness. This is in a bid to entrap Muslims and destroy their last fortress. Had they been fair-No way they are-they would have recognized what Islam, compared to any other legislation, has achieved for women. Islam has guaranteed her full humanity at the time when the philosophers and the rational people were arguing whether women are human beings or not? Do they have souls? If they have souls, then are they human or animal? This is at a time when women were looked at as an extra burden and were inherited as if they were property.

 

Islam came to decide that women are equal to men in being created from a single person and having the same fate. Allah Says {What means}: "O mankind! reverence your Guardian-Lord, who created you from a single person, created, of like nature, His mate, and from them twain scattered (like seeds) countless men and women;-" [An-Nisa`/1]. He also Says (What means): "O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that ye may know each other (not that ye may despise (each other). Verily the most honoured of you in the sight of God is (he who is) the most righteous of you." [Al-Hujurat/13].

 

Women and men come from the same origin and have the same fate before Almighty Allah. Men and women are the two halves of humanity and the same soul. The Prophet Mohammad (PBUH) has spoken the truth when he said: "Women are counterpart of men or women are of the same nature as men." [Transmitted by Abu Dawood].

 

In principle, this equality doesn`t mean that women are like men in all aspects since assuming this ignores human nature and changes the nature of things. Of course, the male isn`t similar to the female in terms of nature, creation, and function. Almighty Allah has given men physical strength to work and seek provisions while women are kind and compassionate to raise their children to be pious and righteous. In this regard, a poet once said {What means}: "The hand that rocks the cradle rules the world."

This difference doesn`t mean preferring women over men or vice versa. Rather, men and women are like day and night; they differ but each complements the other.

 

Life can`t be endured if it is only daytime or nighttime and the same goes for men and women. From an Islamic angle, women`s blood, honour, property, and dignity are inviolable. Allah has spoken the truth when He said: "And women shall have rights similar to the rights against them," {Al-Baqarah,228}. This verse indicates that women and men are peers in terms of rights and obligations, but not Qiwama (men are the protectors and maintainers of women). Necessity dictates that men have the Qiwama over women for there has to be a caretaker for every household. Allah Says (What means): "If there were, in the heavens and the earth, other gods besides God, there would have been confusion in both! but glory to God, the Lord of the Throne: (High is He) above what they attribute to Him!" [Al-Anbiyaa`/22]. He The Exalted Adds: "behold, each god would have taken away what he had created, and some would have lorded it over others!" [Al-Mu`minon/ 91]. Accordingly, reason and logic dictate that the man is more capable of shouldering this responsibility because he can handle things without emotional excitement. Man`s nature and ability to endure makes him more fit for Qiwama.

 

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Summarized Fatawaa

What is the amount of the Fitr Zakah (obligatory charity) of Ramadan?

The Fitr Zakah of Ramadhaan is a Sa` (2500 grams) from what the people of that country or state eat the most. And Allah Knows Best.

The imam recited a verse containing a prostration of recitation (*sajdat al-tilāwah*) but did not prostrate. After the imam's *salām*, a follower (*maʾmūm*) performed a prostration of forgetfulness (*sujūd al-sahw*) because the imam had not performed the prostration of recitation. Is it permissible to go against the imam in this way?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
There is no sin on the imam if he omits the prostration of recitation (sujūd al-tilāwah), even deliberately. The maʾmūm (the one following the imam) is obliged to follow the imam in the prayer, so if the imam does not perform the prostration of recitation, it is not permissible for the follower to prostrate, because the imam is appointed only to be followed.
If the follower introduces a prostration after the imam’s salām but before his own salām, in a case where there is no prostration of forgetfulness (sujūd al-sahw), his prayer is invalidated if he knew it to be prohibited. Otherwise, he is excused on account of his ignorance and his prayer is not invalidated.
It is stated in Ḥāshiyat al-Imām al-Jamal ʿalā Fatḥ al-Wahhāb: “His statement: ‘So the omission of the hayʾāt (the non-essential sunnahs of the prayer) is not compensated for by prostration; if one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to his ignorance.’”
Since this issue is one that is hidden from the laymen, as it is among the subtleties of knowledge, and the laymen are excused for ignorance of whatever is of such a nature, and their act of obedience is not invalidated because of it, it may be said that the prayer of one who has not acquired knowledge of this issue is not invalidated, with the necessity of learning the rulings remaining. As for after knowing it, the prayer is invalidated. And Allah Almighty knows best.

Is it permissible for a husband to sell his wife`s jewelry if he was in a hard up?

A woman`s jewelry and dowry are her own property, and it is forbidden for the husband to take either without obtaining her approval. However, it is desirable for the wife to support her husband through considering her jewelry a sort of documented debt on him.

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

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