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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

Is it permissible for a woman in her menstrual period to recite from the Mus-haf (copy of the Quran ), or to recite by heart?

A menstruating woman is permitted neither to recite nor to touch the Quran according to what Ali Bin Abi Talib (May Allah be pleased with him) reported about the Prophet (PBUH) who was only held from reciting the Holy Quran by Janabah (Major impurity) [Al-Tirmizi in a sound Hadith]. Although Janabah and menstruation are major impurities, a menstruating woman is permitted to supplicate Allah (Duaa`) and make Zikr (Tasbihat ), even if these involved saying words from the Holy Quran, provided that she does not mean the words for themselves but as a supplication, or Zikr. Moreover, she is rewarded for not reciting the Quran during her menstrual period because she abided by the injunctions of Allah.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

What is the ruling on combining more than one intention in the prayer, such as combining the *sunnah* of wuḍūʾ with the pre-Dhuhr *sunnah*, or combining the *sunnah* of greeting the mosque (*taḥiyyat al-masjid*) with the pre-Dhuhr *sunnah*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Combining two intentions in a single act of worship, which some jurists call the “overlapping of acts of worship”, has several cases and precise rules. These can be consulted in the books of legal maxims, such as al-Manthūr fī al-Qawāʿid al-Fiqhiyyah by al-Zarkashī and al-Ashbāh wa’l-Naẓāʾir by al-Suyūṭī. Among the most important of these rules:
First: If all of the acts of worship that one wishes to combine under one intention are obligatory, the intentions do not overlap. An example is combining the intention of the obligatory ʿAṣr prayer with that of the obligatory Dhuhr prayer. The intentions do not overlap in this case.
Second: If the two acts are specified supererogatory prayers (nawāfil muqayyadah) that are aimed at in themselves because of a particular time, occasion, or cause, or if they are an obligatory prayer and a specified supererogatory prayer, the intentions again do not overlap. An example is the Duha prayer, which may not be combined with, for instance, the regular sunnah of Dhuhr.
It is stated in Bushrā al-Karīm: “Whatever is not, in meaning, an absolute voluntary prayer, such as the Duha sunnah… is not subsumed under another. Rather, if he intends something else along with it… the prayer is not validly entered. This is because combining two obligations, two specified supererogatory prayers, or an obligation and a specified supererogatory prayer invalidates the prayer in cases not built upon overlapping, as ritual purification (ṭahārah) is.”
Third: If the two acts are absolute voluntary prayers (nawāfil muṭlaqah), or one of them is, where the texts of the Sharīʿah show that the aim of the voluntary act is to fill the time with worship, then overlapping of intentions is permissible. An example is the obligatory Dhuhr prayer together with the sunnah of greeting the mosque (taḥiyyat al-masjid). And Allah Almighty knows best.

When is supplication (du‘a) more likely to be accepted: before or after breaking the fast in Ramadan?

Du‘a is accepted at all times, and this is part of Allah’s mercy and generosity toward His servants.
The Prophet ﷺ said: "No Muslim makes a supplication that does not involve sin or severing family ties except that Allah grants them one of three things: either He grants their supplication immediately, or He stores it for them in the Hereafter, or He averts from them an equivalent harm." [Narrated by Ahmad]
However, in Ramadan, du‘a is especially likely to be accepted shortly before breaking the fast.
The Prophet ﷺ said: "Three supplications are never rejected: the supplication of a fasting person until they break their fast, the supplication of a just leader, and the supplication of an oppressed person. Allah raises it above the clouds, opens the gates of heaven for it, and says: ‘By My might, I will surely grant you victory, even if after a while.’" [Narrated by Al-Tirmidhi]

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