Islam and Qur'an » Women’s Work http://www.islamandquran.org Tue, 07 Feb 2012 05:34:09 +0000 en hourly 1 http://wordpress.org/?v=3.3 Fasting and Prayer Of Women During Menstruation Periods http://www.islamandquran.org/fatwas/fasting-and-prayer-of-women-during-menstruation.html http://www.islamandquran.org/fatwas/fasting-and-prayer-of-women-during-menstruation.html#comments Fri, 05 Aug 2011 10:23:34 +0000 ozkan http://www.islamandquran.org/?p=831 The Glorified Allah commands: “And they ask you about menstruation. Say: It is a discomfort. Therefore keep aloof from the women during menstruation. And do not approach them until they are clean. And when they have thoroughly cleansed themselves, then come to them from where Allah has ordained for you. Indeed, Allah loves those who are constantly repentant and loves those who purify themselves.” (Al Baqarah/ The Cow 2:222)
The command: “Do not approach them until they are clean” shows that women are not clean during their menstruation 1periods. The verse that commands the ablution or ghusl before the prayer (salat) ends as follows: “Allah does not desire to put on you any difficulty, but He wishes to purify you.” (Al Ma’edah/ The Feast 5:6)
As women during their menstruation are not considered pure, they cannot possibly perform the prayer (salat). Consequently, they are not responsible for the salat during their period as the Glorified Allah commands: “Allah does not impose upon anybody a duty but to the extent of its ability.” (Al Baqarah/ The Cow 2:286)
When Ummu Habiba binti Jahsh complained to the Messenger of Allah about her bleeding he responded: “For as long as your menstruation continues,  do not perform your prayer, after cleansing yourself perform it.”
As the woman during her menstruation is not responsible for the accomplishing of her prayer, she is not responsible for praying it subsequently, ‘kaza’. Once a woman revolved this question to Hz Aisha, “Should we perform the prayer of that period subsequently after cleansing ourselves?”
- Are you from the Haruras’?
- No I am not from the Haruras but I am asking a question.
- When this happened to us we were commanded to perform the fasting subsequently but not the prayer. – replied.
The command of the performing of the prayer subsequently, considering that the fasting is not the same to the prayer, shows that the menstruation doesn’t obstacle the fasting. In the verse 187 of surah Al Baqara the actions mentioned to spoil the fasting are eating, drinking or sexual interaction. Menstruation is not included in any of these categories.
In Arabic the word that means fasting is ‘sawm’= (___). Sawm has the same meaning as the word ‘imsaq’ and both mean to control, prevent and obstacle yourself. The person fasting prevents himself from eating, drinking and sexual interactions. There is no normal way of intervention for the woman to prevent herself from the menstrual bleeding. This is why it is to impose a duty higher from the extent of her ability by judging her menstrual bleeding as something that spoils the fasting; it is against the self preventing command.
The previous verse considered the menstruation of the woman as a tormenting discomfort. In other words it is something that troubles the person. Concerning the fasting it can be evaluated as illness. The Glorified Allah, after giving to sick people and to travelers the permission of not fasting, commands: “Allah desires ease for you, and He does not desire for you difficulty.” (Al Baqarah/ The Cow 2:185)
The possibility of not fasting during Ramadan is an authorization Allah offers sick people. The sick person that uses this authorization fasts the same number of days subsequently. It is the same for the woman on her menstrual discharge. The option of not fasting is a permission offered to her. This is why the Prophet commanded the women who don’t fast because of their menstrual discharge to fast subsequently. If the menstruation had been an obstacle to the fasting, the women wouldn’t have been supposed to fast subsequently, just like she is not supposed to perform the prayer of these days after her menstruation is over.
Theologians after forbidding the women on their menstrual discharge from fasting, command her to fast the same number of days subsequently. They never show any evidence or any supporting idea for forbidding the accomplishment of a worshipping action -ibadet- and the request of its subsequent performing. Although Allah in contrary to the other worshiping forms, has explained the fasting in details and has commanded:
“These are the limits by Allah, so do not approach them. Thus does Allah clarify His signs for mankind that they may protect themselves.” (Al Baqarah/The Cow 2:187)
Allah has clearly defined the limits of fasting and has not defined menstruation as an obstacle to fasting in the Qur’an. Also, there is no narrative from our Prophet that He has considered menstruation as an obstacle to fasting. Therefore, judging the menstruation as an obstacle to fasting is not only to approach the limits, but also to transgress them. Nobody has such a right.
Muslim, Menstruation (Hayz) 65
Muslim Hayz, 67
See Mufredat, (__) issue
]]> http://www.islamandquran.org/fatwas/fasting-and-prayer-of-women-during-menstruation.html/feed 0 Wife Beating http://www.islamandquran.org/fatwas/beating-women.html http://www.islamandquran.org/fatwas/beating-women.html#comments Wed, 20 Oct 2010 15:58:02 +0000 ozkan http://www.islamandquran.org/yeni/?p=481 The Glorified Allah does not permit men to beat their wives. This action is considered as ZULM –Cruelty and an evil deed.

Only under strict conditions, the man can punish his wife.

These conditions have been clarified by verses and hadiths.

The Glorified Allah commands:
الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاء بِمَا فَضَّلَ اللّهُ بَعْضَهُمْ عَلَى بَعْضٍ وَبِمَا أَنفَقُواْ مِنْ أَمْوَالِهِمْ فَالصَّالِحَاتُ قَانِتَاتٌ حَافِظَاتٌ لِّلْغَيْبِ بِمَا حَفِظَ اللّهُ وَاللاَّتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَاهْجُرُوهُنَّ فِي الْمَضَاجِعِ وَاضْرِبُوهُنَّ فَإِنْ أَطَعْنَكُمْ فَلاَ تَبْغُواْ عَلَيْهِنَّ سَبِيلاً إِنَّ اللّهَ كَانَ عَلِيًّا كَبِيرًا

“Men are guardians over women because Allah has made some of them excel others, and because they (men) spend of their wealth. The good women are the obedient, guarding (themselves) as Allah has guarded them when they are alone. For those, on whose part you fear desertion and lust (toward others), warn them, leave them alone in their sleeping-places and beat them. Then if they obey, do not seek another way against them. Allah is High, (and) Great.”(An-Nisa/The Women 4/34)
Let’s analyze the related parts of the verse:
1- “فَالصَّالِحَاتُ قَانِتَاتٌ حَافِظَاتٌ لِّلْغَيْبِ بِمَا حَفِظَ اللّهُ” : the good women are the obeying, guarding (themselves) as Allah has guarded them when they are alone.”
The word ‘Qa-nita-tun’ which means ‘obeying women’ has been used for men in the verse below:
The men who submit (Muslim men) and the women who submit (Muslim women), and the believing men and the believing women, and the obeying men and the obeying women…” (Al-Ahzab/The Allies 33/35)

‘The obeying men and the obeying women…’ are those who obey Allah. As these verses explain each other, the ‘obeying women’ in the 34th verse of An-Nisa are the women who obey Allah. If we consider this statement to express ‘the women who obey their husbands’ then we should understand the statement in the Surah Al-Ahzab to express ‘the men who obey their wives’. It means that the system of rules in a family is set by the couple, which would lead to familial dispute. When both of the spouses obey the rules set by Allah, it leads to a clear satisfactory system in the family.
2- This command “حَافِظَاتٌ لِّلْغَيْبِ بِمَا حَفِظَ اللّهُ” : guarding (themselves) as Allah has guarded them when they are alone’ states that Allah guards those women.
When considering how Allah guards, we will notice that He has created a protecting wall around them. The following verses are some of those which point at this fact:
a) “And those of your women who commit adultery— call to witness four of you against them; and if they bear witness, then confine them to the houses until death overtake them or Allah open for them a way.” (An-Nisa/ The Women 4/15)
b) “And those who calumniate chaste women but bring not four witnesses — flog them with eighty stripes, and never admit their evidence thereafter, and it is they that are the transgressors.”(An-Noor/The Light 24/4)
c) “And (as for) those who accuse their wives and have no witnesses except themselves, their testimony should be taken four times, bearing Allah to witness that he is most surely telling the truth.
The fifth (time) he wishes that the curse of Allah be on him, if he is one of the liars.
And what will avert the chastisement from her is if she testifies four times, bearing Allah to witness that her husband is most surely lying.
The fifth (time), she wishes that the wrath of Allah be on her, if he is telling the truth.”(An-Noor/The Light 24/6-9)
d) “They who concocted that lie (About the wife of the Prophet) are a party from among you. Do not regard it as an evil to you; it is good for you. Every man of them will have what he has earned of sin; he who took upon himself the main part thereof, he shall have a grievous chastisement.
Why did not the believing men and the believing women, when you heard of it, think well of their own people, and say: ‘This is a manifest calumny’?
Why did they not bring four witnesses? As they have not brought witnesses they are liars before Allah.”(An-Noor/The Light 24/11-13)
As it can easily be noticed, four witnesses are required in order to prove the guilt of lewdness. Lack of witnesses makes the accuser an impostor and asks for his punishment. These verses are all about women and show how they are protected and guarded. An evil woman can use this protection as a shelter for her erroneous actions. This is why the Glorified Allah asks women to guard themselves when alone in return of His guard.
There is no such specific guard for men. All the principles included in theological books about guard of men have been structured based on the commands revealed about women.
3- “وَاللاَّتِي تَخَافُونَ نُشُوزَهُنَّ” : For those, on whose part you fear desertion and lust (toward others), warn them.
The word ‘nushooz’ translated as ‘desertion and lust’ means ‘to rise up, go up against something’. ‘Neshz’ is the pinnacle of soil formed on the ground; rebellion of the woman and her lust toward another man is ‘nushooz’[1]. Also according to the following verses the word ‘nushooz’ stands for lust:
“Tell the believing men to cast down their looks and guard their private parts…”
”Tell the believing women to cast down their looks and guard their purity…”.(An-Noor/The Light 24/30-31)
“And if a woman fears lust (toward others) and desertion on the part of her husband, there is no blame if they reconcile between themselves. Reconciliation is good. People are ready to covetousness. If you are (behave) good (to others) and guard (yourselves), then be sure that Allah is aware of your deeds in heart.”( An-Nisa/The Women 4/128)

The word ’hawf’ translated as ‘fear’ signifies the negative expectation somebody finds himself in due to concrete or abstract indications[2]. The fear for the women “on whose part you fear desertion and lust…” mentioned in this verse, is the same negative expectation that arises due to an abstract belief or of a concrete piece of knowledge. When a woman invites her house a stranger (man) her husband does not want to, an abstract indication to her desire for another man emerges on her husband’s mind. In such a case the husband warns her. If she does not mind, he leaves her alone in their marital bed, and if she still does not pay attention, he beats her. If she gives up on her attitude, he does not seek another way against her.

The Prophet has forbidden men from staying alone with any woman, excluding the ones eternally prohibited to marry them(mahram). According to what Utbe b. Amir narrated the Messenger of Allah (s.a.v.) said: “Watch out, you are not admitted near women when they are alone!” Then he was asked: “Messenger of Allah! What about the relatives of her husband?” He stated: “The relative of the husband means death![3]”
Another statement of the Messenger of Allah is: “Be cautious! A woman and a man must not stay alone; unless any of the close relatives is thereby.” Then a man rose up and said: “My wife is on her way to fulfill the duty of hajj; I was registered as a soldier for this war so I am here.” The Prophet replied: “Turn back and go to hajj with your wife.[4]”
About the ‘fear’- the negative expectation explained above- based on concrete indication the Messenger of Allah states thus:

حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ حَدَّثَنَا الْحُسَيْنُ بْنُ عَلِيٍّ عَنْ زَائِدَةَ عَنْ شَبِيبِ بْنِ غَرْقَدَةَ الْبَارِقِيِّ عَنْ سُلَيْمَانَ بْنِ عَمْرِو بْنِ الْأَحْوَصِ حَدَّثَنِي أَبِي أَنَّهُ شَهِدَ حَجَّةَ الْوَدَاعِ مَعَ رَسُولِ اللَّهِ صَلَّى اللَّهم عَلَيْهِ وَسَلَّمَ فَحَمِدَ اللَّهَ وَأَثْنَى عَلَيْهِ وَذَكَّرَ وَوَعَظَ ثُمَّ قَالَ اسْتَوْصُوا بِالنِّسَاءِ خَيْرًا فَإِنَّهُنَّ عِنْدَكُمْ عَوَانٍ لَيْسَ تَمْلِكُونَ مِنْهُنَّ شَيْئًا غَيْرَ ذَلِكَ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ فَإِنْ فَعَلْنَ فَاهْجُرُوهُنَّ فِي الْمَضَاجِعِ وَاضْرِبُوهُنَّ ضَرْبًا غَيْرَ مُبَرِّحٍ فَإِنْ أَطَعْنَكُمْ فَلَا تَبْغُوا عَلَيْهِنَّ سَبِيلًا إِنَّ لَكُمْ مِنْ نِسَائِكُمْ حَقًّا وَلِنِسَائِكُمْ عَلَيْكُمْ حَقًّا فَأَمَّا حَقُّكُمْ عَلَى نِسَائِكُمْ فَلَا يُوَطِّئَنَّ فُرُشَكُمْ مَنْ تَكْرَهُونَ وَلَا يَأْذَنَّ فِي بُيُوتِكُمْ لِمَنْ تَكْرَهُونَ أَلَا وَحَقُّهُنَّ عَلَيْكُمْ أَنْ تُحْسِنُوا إِلَيْهِنَّ فِي كِسْوَتِهِنَّ وَطَعَامِهِنَّ (ابن ماجة، نكاح،1841)

“It’s better if you pay attention to what is advised about women; together with you they guard themselves for you.[5] You are not owners of anything else upon them beside this, but if they come to you after having openly committed lewdness, that is different. If they committed this, leave them alone in bed and beat them. If they obey do not seek another way. You hold rights upon your wives and they do hold rights upon you. Your rights over your wives are for them not to have your ‘exhibition places’[6]humiliated – stepped on by somebody else- and not to admit people you do not want into your houses. Take notice, their right upon you is you being nice to appropriately dress them and provide for them.”[7]
A woman must not stay alone with a man she is not eternally forbidden from marrying (namahram). She has no right to admit her house the people her husband does not want to. Otherwise her husband would begin to doubt her. The Messenger of Allah about this issue commands:

فَاتَّقُوا اللَّهَ فِي النِّسَاءِ فَإِنَّكُمْ أَخَذْتُمُوهُنَّ بِأَمَانِ اللَّهِ وَاسْتَحْلَلْتُمْ فُرُوجَهُنَّ بِكَلِمَةِ اللَّهِ وَلَكُمْ عَلَيْهِنَّ أَنْ لَا يُوطِئْنَ فُرُشَكُمْ أَحَدًا تَكْرَهُونَهُ فَإِنْ فَعَلْنَ ذَلِكَ فَاضْرِبُوهُنَّ ضَرْبًا غَيْرَ مُبَرِّحٍ وَلَهُنَّ عَلَيْكُمْ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ

About your wives fear Allah. They are Allah’s ‘amanat’ (charge-i.e. responsibility for the care) to you. You are allowed to have relation with them by the command of Allah. You have the right that they do not permit into your homes nor sleep with anyone else.  If they commit such an action beat them so that it cannot be noticed. Their rights upon you are to be dressed and provided in the best way (you are able to) as the tradition requires.”[8]
‘Beat them so that it cannot be noticed’ means to hit them without causing temporary or permanent marks. This avoids women from being humiliated in front of others.
In other words, the husband who has provided concrete evidence that her wife has committed adultery holds the right to leave her out of the marital bed and to beat her. The reason, the verse mentions the warning as the first step and the hadith does not mention it at all, is the difference between the fear caused by abstract doubt and the fear caused by clear evidence. Obviously, not all men and women who stay together without the presence of a third person may have a sexual or sentimental relation with each other; this is why a difference between the two kinds of fear exists, which leads to a differentiation between the two types of evidence. In both cases if the woman’s behavior improves, the husband does not seek another way.
If the man proves that his wife has committed adultery, he may conceal this event, or he may denounce it. If he proves her guilt by evidences and testimonies in front of the trial, his wife loses respect and is whipped with 100 strokes.
If the event has been seen only by the husband, in the absence of four witnesses’, the court might end the marriage by ‘lian’. ‘Lian’ gives the woman the right to defend herself. However, both ‘lian’ and eventually proven adultery by the required number of witnesses are strenuous for the woman as well as for the whole family. This is why the man might not prefer to take the case to court. On the other hand, the man might be aware of the fact that divorce is not appropriate for their familial situation. So, the husband might not be denouncing the woman’s guilt to anyone, because if he did he would be required to prove it with four witnesses. Unless he could, he would be punished for fraudulence, or he would be constrained to ‘lian’.
In order to have the shameful guilt concealed from others, to have the husband’s anger somehow released, and not to let the woman unpunished for the shameful action, the man has been allowed to leave her wife alone in the sleeping place and to slightly hit her with his hand.
If we do not heed this issue in the light of the 34th verse of surah An-Nisa and the words of Allah’s Messenger, but with our vague perspective, we would reach an erroneous conclusion that the man can beat up her wife when she does not obey his wishes. The Messenger of Allah commanded:
“None of you, after whipping his wife like a slave during the day, can go to same bed at night.”[9]

[1]Raghib Al-Isfahani, Mufredat. Item hvf, Damascus and Beirut 1412/1992.
[2]Mufredat, Item nşz
[3]Bukhari, Nikah 111; Muslim, Selam 20/2172
[4]Bukhari, Nikah 111
[5] The expression translated as ‘they, who guard themselves for you’ is the word ___=avain. Traditionally this has been considered the plural form (___) of the active subject of the verb (___). If it was accurate then the word (__) would mean the slaves and the meaning of the hadith would become: ‘It’s better if you pay attention to what advised in relation to the women issue; they are slaves near you.’ In our opinion this meaning is incompatible with the hadith’s main idea and against the verses of Quran. First, the hadith commands: ‘You are not owners of anything else upon them beside this…’ There is nothing related to a slave that does not belong to the owner; then what would be the point of such a statement on the Prophet’s part. Furthermore the Glorified Allah commands: “According to the Maruf the women’s rights over their husbands are compatible to men’s rights over them. The men have a degree above (them).”(Baqara/The Cow 2/228)
According to this the woman is not the slave of her husband, as the slave and his owner cannot possibly have equivalent or even similar rights. In order to clarify it better, the only degree the men have above their wives is their right to marry more than once. While men hold the right to marry four times, women do not. So the previously given meaning to this hadith is incorrect.
The word (__)‘avanin’ is the plural form of (___)’aniye’.
[6] An Arabic metaphor used for the women’s privacy. (translator’s note)
[7]Ibn Majah, Nikah 1841
[8]Muslim, Hajj 2137
[9]Bukhari, Nikah 111
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