Does Islam Snatch the Rights of Women? by P.Zainul Abideen - HTML preview

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Witnesses

As Islam prescribes 2 female witnesses are equal to a male witness, Non-Muslims criticize that Islam degrades female witness. It is a great injustice to women.

Take two men as witnesses. if there were not two men, then a man and two women you choose for witnesses, so that if one of them forgets, the other can remind her.

                                                                              (Al-Quran 2:282)

In School and College examinations women score more marks than men. This is the proof for the intelligence and remembrance of women. When women have more potential intelligence and remembrance than men, diminishing their witnesses as half, is an injustice.

Some women are ruler of their country in some part of the world and governing their position well also. In this juncture, it is not reasonable to show partiality in the trustworthiness of their witness.

These arguments are right. But there is no relativity between these and to act as a witness. 

Islam does not deny the intelligence and remembrance of women. In some matters they are more qualified than men. 

Prophet Mohammed (PBUH) has told that women have efficiency to control the intelligence of brilliant men and make him inactive

                                                                            (Buhari 304, 1463)

Mother Ayesha (RL), and Mother Ummu Salma (RL) has the remembrance to educate even the friends of Prophet Mohammed (PBUH). They had the intelligence to outwit them logically. It has been recorded authentically in the Islamic History.

Exaggerating

Are Intelligence and remembrance only the sufficient qualification to act as a witness? Surely, they are not. There is another most important qualification is required. A witness should tell exactly what had happened without changing, diminishing and exaggerating. Truth and exactness is the vital quality of a witness. Witnessing is to deliver the truth to the world and determine the future of the accused. 

Psychologically, women are partial ignoring the errors of those whom they like and exaggerate the errors of whom they dislike. To look at a needle as a pillar and an elephant as a cat degrade the qualification of a witness. The Tamil proverb “If the mother-in-law breaks a thing it is ignored as a worthless mud pot, but if the same thing is broken by a daughter-in-law it is punishable as if she has broken a golden pot.” depicts the feminine nature. 

Therefore, we come across so many mother-in-laws, who talk about justice about the atrocities that her daughter who is suffering in her father-law’s house, show their dumb mouths over the injustice they enact to their daughter-in-laws. 

The real exemplars are those who accuse others for their makeups in unprintable words, themselves load up their makeups with their dear and near and feel haughty about it also. Most of the women are like this. There may be some exceptions. 

To witness a man whom he hates, if the witness say that he saw that the man received some bundles of currency, in the case of Hundred Rupees loan the judgment will hang. If the witness curtailed the fact also there won’t be judgment proper. 

Natural Weakness

Women do not have strong body built-up like men. Due to mensuration they become weaker still. It affects their mind and they feel staggering and chaos. Doctors, psychiatrists and physiologists approve this fact. 

During her menses period, if a woman is called for witness a case her witness may not be complete due to her menstruation. The witness should declare exactly the happening. If she declared in a lukewarm attitude, the judgment based on this witness will be defective. This is the second reason for degradation of woman’s witness. 

Some may inquire why we should not take the women who passed menses age equal to men’s witness. Medical science informs they have another kind of chaos. So we can’t take woman on a par with a man witness.

Fear for Threatening

Generally what the witness say may affect one side of the case. Those who may be affected by a woman’s witness will threaten her. If she gets threatening that she may be killed or anyone dear to her will be killed, she will change the witness. For this reason also woman’s witness may be degraded.

Excessive Mercy

Physiologically, the women are merciful. Due to their motherliness they may be merciful towards culprits; they may hide the main points of the witness.

So, two men required in the place of a man’s witness. Truly, two women will not explain the incident as same. 

So, Islam prescribes two women witnesses in the place of a man’s witness. It is wise and just. In each and everything Islam evaluates the required qualification and on that basis differentiates man and woman and bestows on them their rights. Those, who think about it impartially, will understand the deep rooted justice hidden in that.

 Moreover, it should be noted that a woman acting as a witness or avoid this will not affect her. 

Iddah

A woman should not marry immediately after the death of her husband. She should elapse Iddah time. But a man has no such restrictions. If he likes he can marry on the same day of his wife’s demise. This Islamic Law also is accused by Non-Muslims that it is against Women’s right.

When the husband dies, if the wife is pregnant, she should not marry until the delivery of her child. If she is not pregnant she should wait 4 months and 10 days and this period in Islam is called Iddah. Then only she is allowed to remarry. 

Though this order of Islam seems to be an injustice to woman, if we know reason behind it, it will be agreed even by the accusers. At the demise of the husband the widow may be pregnant. If she marries another man it will be an injustice.

It will be thrusting the deceased husband’s heir to the new husband

If the born child does not have the resemblance of him, the new husband will feel that he is cheated and he will not take care of the child. Even if the child the real heir of the deceased, it can’t get any share from his property also. If she proved that she has no embryo in womb and married, it will be safe to her and the child.

Some may argue that there need not be 4 months and 10 days to prove that a woman is not pregnant; if the next menses is discharged, it will affirm that she is not pregnant and she is free to remarry. 

Discharging of menses is a private and personal affair of the woman. We believe her saying only. When the menses stopped, on the desire of remarriage, if she tells the lie that her menses is discharging, none can verify it. If she is tested, it will be a shame to the woman concerned. This much elapse of time is required, what the concerned woman alone is aware of whether she is pregnant or not, to be understood by others also outwardly.

After the demise of her husband, a widow marries another husband as she is getting normal discharge of menses. If she gets premature delivery on 8th month, she may get problem with her new husband that she has cheated him and he may deny his heir suspecting that the child may be through her previous husband. Moreover, the child can’t claim the law of Inheritance on either of the fathers. 

After proving the people around her, elapsing 4 months and 10 days in Iddah, even if she gets pre-mature delivery at 8th month, the new husband can’t deny the heir and he can’t even doubt about it. The woman can be happy with her new husband. The child will get the legal right. So, Iddah is essential and wise arrangement of Islam to honor the womenfolk instead of degrading them. In short, Though Iddah seems to be against the women’s right, in reality it is blessedness in disguise for women. 

Woman in Administration

Islam opposes women to be the administrator of a nation. Non-Muslims accuse that Islam intervenes in the right of women and disgrace them.

Prophet Mohammed (PBUH) has declared that the society will not flourish, where the women is in the head of administration.

                                                                             Buhari 4425, 7099

Islam does not deny any other leadership for women except administration. Let us analyze how people select their administrators.

Come to power by backyard

In a democratic country a man in politics after struggling a lot from the base level rises to power. He will participate in agitations and arrested many times and beaten also. After sacrificing a lot, he will become popular. Because of his hard work and intelligence he will push back others and come to forefront. But how do the women come to power? Do they start crying the slogans, hoisting the flags, sticking the posters, participating agitations and arrested? No. 

They may the wife or daughter of the man who rose to the power. The woman, who is related to the leader, only for that reason, pushes all next cadre leaders in that party back, comes to the power. 

After Jawaharlal Nehru deceased, though there so many martyrs and leaders in congress Indira Gandhi pushing them all back came to power. 

In Sri Lanka, after the assassination of Bandara Nayaka, his wife Srimao Bandara Nayaka came to power while there were so many next cadre leaders in that party. After her, her daughter Chandrika occupied the chair.

The only reason that Benazir is the daughter of Zulfikar Bhutto, she became the prime minister of Pakistan though she had not served to the party as any basic volunteer of the party. Nusrath Bhutto came to power as she was the wife of Zulfikar Bhutto.

Shaik Hasheena became the prime minister of Bangladesh, only because she was the wife of Mujibur Rahman. Those who worked with Mujibur Rahman for the freedom of Bangladesh were all pushed back. 

Now Khalida zia is the prime minister of Bangladesh as she was the wife of Ziaur Rahman

Meghavathy has become the president of Indonesia, as she is the daughter of great leader Suharno. 

Even in Tamil Nadu Janaki became the CM as she was the wife of MGR. Now, Jayalalitha has become the CM on the background of MGR. 

Rapri Devi has become the CM of Bihar, as she was the wife of Lalu Prasad. 

Siva Parvathi has become the party leader, as she was the wife of NTR. 

Najma Hibathullah has got the post as she was the daughter of Hibathullah. 

In future, if Sonia or Priyanga got the post, it will be also on the same route.

A man has to sacrifice a lot to come to power. But the woman comes to power without any hardship. 

It is the big injustice. There are so many volunteers in the next cadre of the party leader in any party. But they are all ignored because of a woman related to the leader. 

If any woman got power without any background she has to pay the price for it, which we need not explain it in detail. This is the first reason for Islam to deny woman’s leadership for administration. 

Femininity as Shield 

If a woman comes to the power and she commits mistake. Then her femininity will be shielded for her mistakes.

If the woman administrator’s scam is criticized, they reply that they are criticized severely as they are women. From Indira Gandhi to Jaya Lalitha nobody is the exception. 

When their character and honor is criticized, if they say so, we can consider. But, even the scam is criticized, if they say so and field their femininity as a shield, only for that reason, they are not deserved for the post. 

The female progressive organizations, which should raise their voice that femininity is not the shield for protecting from scam, in many occasions talked in favor of the culprit and argued “can they accuse a woman so severely (for the scam), as she is a woman?” 

So, when the women administrators indulge in scam, the media hesitates to criticize them. When their scam and atrocities go beyond the limit then only women administrators are criticized. This is the second reason for Islam to deny woman’s leadership for administration. 

Insertion of Heirs

Generally, men leaders do not insert their heirs all on a sudden. They will insert step by step and make believe that their heirs are deserved for such a position. But women leaders do not care about any justice. Indira Gandhi, Srimao, Nusrath Bhutto are the right paradigms. This is the third reason for Islam to deny woman’s  leadership for administration.

Dictatorship

Until they did not get opportunity, women are soft by nature. But when they came to acme of administration, they become dictators. Indira Gandhi and Jaya Lalitha (Chief minister of Tamilnadu ,India) are the exemplars. 

Among the men rulers, one may a dictator. In a ten female rulers one may a democratic. It is because they presume that if they show their manliness then only they can maintain their power. This is the fourth reason for Islam to deny woman’s leadership for administration.

Administrative position is one that the person should engage throughout day and night. This kind of severe burden if a woman does not bear the women folk will not suffer. 

Besides, during the discharge of menses and the stopping period of menses, will make them think inefficiently. During this period, if they take any decision, it may go wrong and  affect the nation by and large. 

No relation to women’s Right

To handover the nation’s administration to a woman has no relation with women’s Right. In the country of a billion people, if the women were 500 million, one woman alone can be administrator of the country. If it is the problem of 500 million or little less women, then only it will be problem of women’s Right. 

Education, employment, law of Inheritance and wedding are the Rights of women. But the position of administrative head does not belong to women’s Right. 

Is woman’s supremacy is the protection for women?

It is propagated that if the women are at the helm of affairs womenfolk will be protected. It is a fiction. Whenever women are affected, the men only raise their voice in support of them. In the Public place, if the women are affected the men come forward to support them. But the women give up them and criticize that they deserve for that. 

In the buses, the women do not give place to old women. But the men mostly provide their seats for them. The women only criticize the makeup of the other women and defame their character. In demanding dowry from another woman, the women hold the first rank. 

When Muslim Jamaath deals with the family problem, all are in favor of women only. Therefore Muslim women are safer in the society. So, when woman is administrative head for the nation or a Jamaath, women will be safeguarded is a fiction 100%.

Illiteracy of Muslim Girls

Some slander that Islam denies education to girls. No religion has stipulated the importance of Education as Islam. Islam praises the elites both men and women without any partiality. 

But Islam opposes co-education only. There are young girls succumbs to praise. As teen aged girls are vulnerable, educating teachers cheat and enjoy them. Co-mates also cheat them in the guise of free friendship. No day is wasted in the Daily News without such disaster.

In co-education, the concentration of the boys in their education is shattered. If the girls study separately, they can’t study well is the misconception. On the contrary, it is very safe and carefree learning for them. 

Even in buses, men and women travel in separate buses. If they travel in the same bus, separate seats are allotted for them. We take safety measure for a short time travelling also. Then what will happen if we allow boys and girls mingle together for a long time in co-education?

When the cheated victim women are increasing, it is better to avoid co-education. It is safe to Non-Muslim girls also to study in women’s college.

Separate books can be written to elucidate how far girls are affected in co-education. That much the subject is vast and wide-ranging. 

How many girl victims fill Daily News columns is the ocular proof to understand the way of the world. 

Is women allowed to participate prayers in the Mosque?

Some people misconstrue that women are not allowed to participate prayers in the mosque. It is totally wrong. Prophet Mohammed (PBUH) has allowed women to participate prayers in the mosque. When he has allowed, nobody has the right to deny it. Due to the ignorance of Indian Muslims, it is prohibited in many parts of the country. For that Islam can’t be blamed. 

Prophet Mohammed (PBUH) said “Do not dissuade women to come to the mosque”.

                                                                               – Buhari 865,899

Mother Ayesha (RL), the wife of Prophet Mohammed (PBUH) informed that the women participated in fazer prayer conducted by Prophet Mohammed (PBUH). 

                                                                – Buhari 372,578, 867,872.

Prophet Mohammed (PBUH) said “I will stand with an intention to conduct a long prayer, and then if I hear a child’s crying, I will complete the prayer with the short chapters, considering the mind of the child’s mother.”

                                                            

                                                               – Buhari 707-710,862,868.

One day Prophet Mohammed (PBUH) came to conduct prayer late, and then Omar (RL) informed him that the women and children are sleeping.

                                                                – Buhari 569,862,864,866.

During the period of Prophet Mohammed (PBUH), it was in practice that after the prayer is completed the men will stay in their places, until all women leave the mosque.

                                                              

                                                                       – Buhari 837,866,875.

There are so many proofs in Hadees that women took part prayers in the mosque. Even today, in Arabian countries and in Malaysia women take part prayers in the mosque. Among the mosques, the mosque in Makah is in the first place, where men and women participate in prayers throughout the year including Hajj. Those who do not understand Islam prohibit women to come to mosque. But now it is changing gradually. 

Slave Women

Islam has permitted the masters to co-habit with their slave women without marriage.

(Al-Quran)  4:3,24,25,36,16:71,23:6,24:31,33,58,30:50,33:52,55,70:30

It will create many doubts to some Muslims and Non-Muslims also. It is because living with slave women without marriage seems to be prostitution and as they can’t find any difference in it. 

When looking superficially, it seems to be keeping a concubine. Those who understands it properly, will approve the law is just and wise. Let us analyze it in detail. 

Since there are no slave men or slave women now, it is difficult to understand it . So, let us the see the historical background of it. When two counties meet in war, the winner will arrest the loser as captives. There will be some men and a few women also. In those days, there was no prison to keep and feed them. If food and shelter was provided, it will be an expensive burden. So the captives will be divided and distributed as slaves to the participants of the war. The recipient will take work from them and feed them. Those, who don’t need servants for work, will sell them to rich people. Therefore the slave markets were also prevalent then. 

Moreover, some cruel kings will enter into kingdom which they captured and take the beautiful women as slaves, who don’t take part in the war. Thus, the race of slaves was created. 

When the whole world approved this practice, Prophet Mohammed (PBUH) propagated Islam. Before Islam, male slaves were taken for work and female slaves were taken for carnal pleasure, was the way of the world. 

Islam does not create slaves. On the contrary, Islam brought discipline in the business of slaves. Islam paved way to release slaves. 

Some may enquire why Islam accepted slavery as it is and why it did not eradicate slavery as it does so many reformation by a single order? 

In this problem, so many things should be taken into consideration. Though the slaves were created in the battle field, the soldiers who received those slaves will sell them for money. So, the slaves were with those masters who purchased them. If Islam ordered that there should not be slaves any more, the masters who purchased them will be severely affected. If the government compensated their loss, it can’t run the government. Without giving any compensation just ordering to release the slaves is an injustice for the masters who undertook the legal business of slavery. 

Even if Prophet Mohammed (PBUH) releases all the slaves by paying compensation, it will also affect the society. There were battles often between the nations. If Prophet Mohammed (PBUH) alone releases slaves, Muslims soldiers captivated as slaves in other nations will stay there without any release. But the opponents will be released and they may come again to fight against Islam. 

Moreover, the opponents may presume that opposing Prophet Mohammed (PBUH) will not affect them; it will affect Prophet Mohammed (PBUH) only. Therefore, Islam does not eradicate slavery by any order. But, to eradicate slavery Islam arranged other ways. 

• Islam ordered the affluent to release slaves as the compensation for the sins like breach of promise or desist fasting.

 - (Al-Quran) 2:177,4:92,5:89,9:60,58:3,90:13

• On the contract basis, Islam ordered to release slaves. Islam encouraged the masters to make agreement with slaves to release them and they should work for them to pay off their debts. - (Al-Quran) 24:33

• Islam encouraged the master to release the slaves, by enacting a law that if the master releases a slave, he will be the heir to the asset of the slave earns in future.

– Buhari 456,1493,2155,2156,2168,2169,2561-65,2578,2717,2726,2729,2735,5097,5279,5284,5430,6717,6751,6752,6754,6757,6759

By these orders Prophet Mohammed (PBUH) decreased slavery to an extent. This is common about slaves. Let us see slave women separately.

The woman sold as slave will stay in her master’s house. Either she will have her husband in other country or she will be a widow or a virgin. In that situation she should be protected from outsiders and her carnal needs also should be fulfilled. Taking all these factors into considerations, Islam enacted a law to safeguard slave woman. If she had many masters, only one is allowed to cohabit with her. During then if she delivers a child, she and her child should be set free from slavery.

If this is not allowed, while she is solely depending on her master, and there is none to talk in favor of her in that country, none can dissuade the master to enjoy her. Even outsider also may think to use her as she is a slave. When her master is in the position of husband she will be safeguarded. Only one master is allowed to cohabit with her and the child born to her will be the heir of the master. So, it is not prostitution.

Assume a young servant maid join to work for a master, the master did not buy her. She need not solely depending on him only. There are some people to her; they will raise their voice if she is affected. Even though there is so much liberty and outside support to her, so many servant maids become prey to the lust of their masters. Whether they like it or not it happens so. 

Even if the plight of the servant maid who has liberty and outside support is so, we can understand the pitiable plight of the slave who has no freedom and outside support. In this situation if it is prohibited to the master to enjoy her, it will be a meaningless prohibition only. When there were slavery is prevalent all over the world there is no other go than to allow it. In the modern world where slavery is eradicated totally no woman can treated as a slave. There is another reason for not prohibiting this. 

Islam has stipulated severe punishments for criminal offences. The people will evade crimes fearing the punishment. Even if Islam enacted a law not to enjoy slave woman, and the culprit who transgress the law will be punished severely it can’t be prohibited. Slave woman is staying in the master’s house, her loneliness can’t be suspected. If the mistake happened nobody will be the witness for it. As it can’t be prohibited and if it happened can’t be proved. In this situation, Islam also did not prevent it and allowed the practice that was prevalent all over the world.

The danger for the chastity of the servant maid is also same as the slave woman. So, some may presume can she be enjoyed? There is a lot of difference between the servant maid and the slave woman. There is no restriction that a servant maid should be servant maid. There is no obligation that she should work to a certain master only. If she feels that the master is not a gentleman, she can leave the job. In short, the servant maid can select her master. On the contrary, the slave does not have any such rights. For, slavery is imposed on her against her willingness.

If the servant maid wants to safeguard her chastity, she can evade such situations. But a slave woman can’t avoid such situations. So a slave woman never can be compared with a servant maid.Carnal desire is common to both the sexes. So, the feelings of both should be considered. A slave woman is taken to a foreign country as a virgin or separated from her husband. There is nobody to arrange marriage for her. If anyone comes forward to marry her, the master as he paid for her will not allow this. If she is allowed to marry, he can’t derive full work from her. Even if the master agrees, none will select her as a bride, who has to be in her master’s house always. 

When the slave woman’s bodily needs are ignored, she will try for illegal contacts. Or she will entice her master himself and succeed. In an unknown place she will dare to do this crime. To evade the illegal contacts with the outsiders and to outlet her feelings, there is no other go than to allow her to her master only. Even if it is prohibited, it will happen. In this inevitable situation Islam allows this. This is the third reason for allowing the master to enjoy slave women without marriage. The slave woman gets the protection of a wife from his master. The child, she will give birth due to this contact, will be heir of the master. On delivery of the child, she is also set free from slavery. So, this contact can’t be blamed as prostitution.