Articles

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 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.

If someone regularly fasts the six days of Shawwal, are they obligated to fast them every year?

A person is not obligated to fast the six days of Shawwal every year, even if they have made it a habit. However, someone who regularly performs a good deed should not abandon it as long as they are able.

Is it permissible to offer prayer at home, or should it be offered in the mosque?

All perfect praise be to Allah, The Lord of The Worlds.                                                                                                                                                                      It isn`t preferable for the man to pray at home as praying in the mosque is twenty seven times more rewarding. Therefore, this should motivate him to offer prayers in the mosque. And Allah Knows Best.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.