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 is the ruling on one who feels drops of urine falling during ablution?

If he is certain that urine is exiting from him during ablution, then his ablution is invalidated. He must remove the impurity from his clothes and body and repeat the ablution.
However, if what he feels regarding urine exiting is merely doubt or illusion, then ablution is not invalidated by doubt and illusion. He should not pay attention to it, and it is not permissible for him to follow the doubt and whispers that corrupt his religion. And Allah the almighty knows best.

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 is the Islamic ruling on the aqiqa?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is a confirmed Sunnah (sunnah mu'akkadah). Two sheep are to be slaughtered for a newborn boy, and one sheep for a newborn girl. This is established by numerous Prophetic traditions, among them:
The narration of Samurah ibn Jundub, may Allah be pleased with him, who reported that the Messenger of Allah ﷺ said: "Every child is held in pledge for his 'aqīqah, which is slaughtered on his behalf on the seventh day, and he is named, and his head is shaved." — Narrated by al-Tirmidhī, who graded it as ḥasan ṣaḥīḥ.
And the narration of 'Ā'ishah, may Allah be pleased with her, who said: "The Messenger of Allah ﷺ commanded us to slaughter one sheep as 'aqīqah for a girl, and two sheep for a boy." — Narrated by Aḥmad and Ibn Mājah.
The imperative in these narrations is understood to denote recommendation rather than obligation, based on the ḥadīth of 'Amr ibn Shu'ayb, on the authority of his father, on the authority of his grandfather, who said: The Messenger of Allah ﷺ was asked about the 'aqīqah, whereupon he said: "Allah does not love 'uqūq" — as though he disliked the name itself — and then said: "Whoever has a child born to him and wishes to offer a sacrifice on their behalf, let them do so: two equivalent sheep for a boy, and one sheep for a girl." — Narrated by Aḥmad and Abū Dāwūd.
The legal inference drawn from this narration is that the Prophet ﷺ linked the slaughter to the wish and willingness of the individual, saying: "whoever wishes to offer a sacrifice... let them do so" — thereby indicating that the 'aqīqah is recommended (mustaḥabb) and not obligatory (wājib).
And Allah Almighty knows best.

What is the Islamic ruling on one who was unable to fast and then regained the ability?

 
He is not required to make up the fast (Qada) even if he becomes capable of it; whether he regained the ability to fast after paying the fidya (feeding a needy person for each day of missed fasting) or before it, because he was liable for paying it in the first place, so it remains binding upon him. However, if he delayed paying it beyond the first year, nothing is required of him due to the delay. If he is unable to pay it, it does not remain as a debt upon him. And Allah the Exalted knows best.