İslam and Qur'an » Woman http://www.islamandquran.org Wed, 01 Sep 2010 22:25:19 +0000 en hourly 1 http://wordpress.org/?v=3.0.1 Violence Against Women http://www.islamandquran.org/the-mistakes-within-our-trust/the-assault-to-the-woman.html http://www.islamandquran.org/the-mistakes-within-our-trust/the-assault-to-the-woman.html#comments Tue, 13 Oct 2009 09:40:07 +0000 admin http://www.islamandquran.org/?p=844 The Glorified Allah has permitted the man to beat his wife under some conditions.
These conditions have clarified with verses and hadiths. The Glorified Allah commands:
“Men are the maintainers of women. Thus, because Allah has given some of them further more than to others and so that they spend out of their property. 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 the 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- (______________________) =the good women are the obeying, guarding (themselves) as Allah has guarded them when they are alone.”
The word ‘kaanitaat’ 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…” (Ahzab/ 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 considered this statement to state ‘the women who obey their husbands’ then we would understand the statement in the Ahzab surah to be stating ‘the men who obey their wives’. This would mean that the system of rules in a family is set by the couple, what would lead to familiar dispute; when the ruling of the family obeying the rules set by Allah means the ruling of the family in compliance to a clear satisfactory system.
2- This command (________________) = guarding (themselves) as Allah has guarded them when they are alone’ states that Allah guards those women.
When considering what the Allah’s guarding is, we will notice that He has created a protecting wall around them. The following verses are some of those which point to this fact.
a) “For those among your women who are guilty of indecency, call to witnesses against them four (witnesses) from among you. If they bear witness confine them to the houses until death takes them away or Allah opens some way for them.” (An-Nisa/ The Women 4/15)
b) “Those who accuse decent women then do not bring four witnesses, flog them, (giving) eighty stripes; do not admit any testimony from them ever; as they are transgressors.”(An-Noor/ 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/ 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 it, think well of their own people, and say: ‘This is an evident falsehood?’
Why did they not bring four witnesses? As they have not brought witnesses they are liars before Allah.”(An-Noor 24/11-13)
As it can be easily noticed four witnesses are required in order to proof the guilt of indecency. The 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 in return to His guarding asks women to guard themselves when alone.
There is no specific guarding for men in this issue. All the principles included in the theological books that mention the men in relation to this issue have been structured based on the commands revealed about women.
 3-(__________________)= For those, on whose part you fear desertion and lust (toward others), warn them.
The word ‘nushooz’ translated as desertion and lust if we attempt to convert it to English it means to rise up, go up against something. ‘Neshz’ is the pinnacle of soil formed on the ground; the rebelling of the woman and her lust toward another man is ‘nushuz’[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 24/30-1)
“And if a woman fears lust (toward others) and desertion on the part of her husband, there is no blame if they make a compromise between themselves. Compromise is good. People’s ego is ready to avariciousness. If you are (behave) good (to others), then be sure that Allah is aware of your deeds inner side.”( An-Nisa/The Women 4/128)
The word ’havf’ translated as ‘fear’ signifies the negative mood somebody finds himself in, as a result of a concrete or abstract indication[2]. The fear for the women “on whose part you fear desertion and lust…” mentioned in this verse, is the same negative mood that comes as a result of an abstract belief or of a concrete piece of knowledge. In relation to the woman who takes inside her house a stranger (man) her husband doesn’t want to, an abstract indication that she desires another man becomes present in her husband’s mind. In such a case the husband warns her, if she doesn’t take notice, he leaves her alone in their marital bed, and if she still doesn’t pay attention, he beats her. If she gives up this her attitude, he doesn’t seek another way against her.
The Prophet has forbidden the men from being alone with all women, excluding them with whom they have been eternally prohibited to marry. According to what Utbe b. Amir related the Messenger of Allah (s.a.v.) said: “Watch out not to be present near women that are alone!” Then he was asked: “Messenger of Allah! What about the relatives of the husband of the woman?” 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; if any of the close relatives is there the situation is different.” Then a man rose up and said: “My wife is on her way to fulfill the duty of pilgrimage; I was registered as a soldier for this war so I am here.” The Prophet replied: “Turn back and go to pilgrimage with your wife.[4]” 
In relation to the ‘fear’- the negative mood explained above- based on concrete indication the Messenger of Allah states thus:
“It’s better if you pay attention to what advised in relation to the women issue; 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 indecency, that is different. If they commit such a think 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 place’[6] humiliated and not to take inside the house people you don’t want to enter there. Take notice, their right upon you is to dress them and provide for them appropriately being nice.”[7]    
The woman mustn’t stay alone with a man she is not eternally forbidden from marring. She has no right to take inside her house people her husband doesn’t want to be there. Otherwise her husband would start to doubt her. The Messenger of Allah in relation to this issue commands:
In relation to your wives fear Allah. They are Allah’s ‘emanet’ to you. Your relationship with them is allowable to you with the command of Allah. Your right upon them is not to have your ‘exhibition place’ humiliated. If they commit such an action beat them so that it cannot be noticed. Their rights upon you are to be dressed and provided as the tradition requires.”[8]   
‘Beat them so that it cannot be noticed’ means to hit them without causing temporary or permanent marks. This prevents the women from being in a difficult situation 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 or to beat her. The reason, the verse mentions the warning as the first step and the hadith doesn’t 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 have a sexual or a sentimental relationship with each other; this is why a difference between the two fears exist, what leads to a differentiation between the two types of reprimands. In both cases if the woman’s behavior improves, the husband doesn’t seek another way.
If the man proofs that his wife has committed adultery, he can cover this event, or he can denounce it. If he proofs with evidences and testimonies her guilt 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 four witnesses’ absence, the court might end the marriage by ‘lian’. ‘Lian’ gives the woman the right to defend herself. However, both ‘lian’ and the evidentially proofed adultery with 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 taking the case to court is not the appropriate thing to do for their familiar situation. So, the husband doesn’t relate the woman’s guilt to anyone, because if he makes popular such an issue he is required to proof it with four witnesses, he is punished for fraudulence, or he is 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 didn’t consider this issue in the light of the 34th verse of surah An-Nisa and the words of the Messenger of Allah but considered it with our vague perspective, we would reach an erroneous conclusion that the man can beat up her wife when she doesn’t obey his wishes. The Messenger of Allah commanded:
“None of you, after whipping his wife as a slave during the day, can go to the same bed at night.”[9] 

[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 such a 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 doesn’t 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 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 the men hold the right to marry four times, the women don’t hold such a right. So the meaning, previously given, 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) 

 

 

]]> http://www.islamandquran.org/the-mistakes-within-our-trust/the-assault-to-the-woman.html/feed 0 The Traveling Of The Woman Without Mahram* http://www.islamandquran.org/fatwas/the-traveling-of-the-woman-without-mahram.html http://www.islamandquran.org/fatwas/the-traveling-of-the-woman-without-mahram.html#comments Wed, 02 Sep 2009 12:52:40 +0000 admin http://www.islamandquran.org/?p=631 The issue would better be explained under two topics, the traveling and safety of the traveler. 

A- TRAVELING

 The Almighty Allah commands the traveling for some reasons. Those are: 

1-     Cultural Traveling

أَفَلَمْ يَسِيرُوا فِي الْأَرْضِ فَتَكُونَ لَهُمْ قُلُوبٌ يَعْقِلُونَ بِهَا أَوْ آذَانٌ يَسْمَعُونَ بِهَا فَإِنَّهَا لَا تَعْمَى الْأَبْصَارُ وَلَكِن تَعْمَى الْقُلُوبُ الَّتِي فِي الصُّدُورِ

"What if they travel through the land? So, hearts wherewith to feel and ears wherewith to hear would come into being. For indeed it is not the eyes that grow blind, but it is the hearts, which are in the breast that grow blind.” (Hac 22/46)

2-     Scientific and Explorative Traveling

قُلْ سِيرُوا فِي الْأَرْضِ فَانظُرُوا كَيْفَ بَدَأَ الْخَلْقَ ثُمَّ اللَّهُ يُنشِئُ النَّشْأَةَ الْآخِرَةَ إِنَّ اللَّهَ عَلَى كُلِّ شَيْءٍ قَدِيرٌ

"Say: "Travel in the land and see how (Allâh) originated the creation. Then Allâh will bring forth another creation. . Verily, Allâh determines a standard for everything.” (Ankebut 29/20)

3-      Religious Historical Traveling

 وَلَقَدْ بَعَثْنَا فِي كُلِّ أُمَّةٍ رَّسُولاً أَنِ اعْبُدُواْ اللّهَ وَاجْتَنِبُواْ الطَّاغُوتَ فَمِنْهُم مَّنْ هَدَى اللّهُ وَمِنْهُم مَّنْ حَقَّتْ عَلَيْهِ الضَّلالَةُ فَسِيرُواْ فِي الأَرْضِ فَانظُرُواْ كَيْفَ كَانَ عَاقِبَةُ الْمُكَذِّبِينَ
 
"Verily, we have extracted a Messenger from every People. "Worship Allah, and keep away from tyrants" we said. Then, of them were some whom Allah considered guided, and some who merited to be considered astray” (Nahl 16/36)

4-      Worship Traveling

The AlmightyAllah commands Hajj, as a worship form:

“And Hajj (pilgrimage) to the House of Allah (Ka’bah) is a duty that mankind owes to Allâh, for those who can afford the pilgrimage.”(Ali İmran 3/97)

The expression "Those who can afford” mentioned in this verse, includes the safety of the traveler as well as the health and the economic welfare of the pilgrim. Hajj is an individual form of worship, for that reason, those who can afford it, those who must fulfill this duty.

B- TRAVELING SAFETY

These verses point out that ulfet -the safety and the food during the travel are crucial issues for the traveler.

"For the ulfet- safeguard and nutrition enjoyed by the Quraish,

Their ulfet- safeguard and nutrition during their traveling in winter and summer,

Let them adore the Lord of this House.

Who provides them with food against hunger and with safety against fear” (Surah Al-Quraish)

Ulfet is the notion used to define the addition of something to something; the completion of a number to thousand. The safetyis being safe with ease.

The word translated as traveling here, is rihle. Rihle is the word used for the walking during a journey. (and for a traveling with charge silinebilir burada ne kasdediliyor anlamadim). The notion rihle in the last verse is used to point out the possession of the safety and the adequate food.

 
This verse points out the safety during the traveling, too.

وَجَعَلْنَا بَيْنَهُمْ وَبَيْنَ الْقُرَى الَّتِي بَارَكْنَا فِيهَا قُرًى ظَاهِرَةً وَقَدَّرْنَا فِيهَا السَّيْرَ سِيرُوا فِيهَا لَيَالِيَ وَأَيَّامًا آمِنِينَ

 “We set, between them and the towns which We had blessed, towns in prominent positions , and We made the stage between them easy, We said: Travel therein safely both by night and day.”(Sebe 34/18)

There is no genfer difference between women and men in this verse. The safety and the adequate food during the traveling are essential for both gender. The food supply can be provided before the trip, but the safety can be related to other reasons.
Obviously,the safety requirement is more essential for the woman than man. After investigation of all the authentic hadiths that prohibition of the women’s traveling without a mahram, we’ll find out that the most important issue is the safety of her during the trip. Some hadiths prohibit the traveling of the woman in a distance which last two days, some other hadiths three days and some hadiths prohibit all her traveling without any limitation in the distance or duration of trip.  Whereas our Messenger has envisioned that one day a woman would be able to travel by her own, without a mahram accompanying her. The related hadiths are:

1 – The hadith that forbiddens the woman traveling without her mahram for one day and one night lasting trip:

Abu Huraira narrates that the Messenger of Allah said:
“It is unlawful for a woman who believes in Allah and the last day that she travels the distance of one day and one night without a Mahram accompanying her”. (Sahih al-Bukhari, no. 1038).
 
2. The hadith that forbiddens the woman traveling without her mahrem for two days and two nights lasting trip:

Abu Said al-Hudri narrates that the Messenger of Allah said:

“Let no woman travel for more than two days unless her husband or a Mahram is with her.” (Sahih Muslim).   

3. The hadith that forbiddens the woman traveling without her mahrem for three days and three nights lasting trip:

According to the Abd Allah ibn Umar narration, the Messenger of Allah said:
“A woman can not travel for three days except with a Mahram (Sahih al-Bukhari, no. 1036 & Sahih Muslim).

4. The hadith that prohibits all the kinds of the woman traveling without a mahrem accompanying her.
According to the Ibn Abbas’ narration, the Messenger of Allah said:
“A woman must not travel except with a Mahram and a man must not enter upon her except if she has a Mahram.
After this command of the Messenger, one of His companions stood up and said:
“O Messenger of Allah! I decided to go fighting with that and that fighter; but my wife wants to go to Hajj.
The Messenger of Allah said:
“Go with your wife!”(Sahih al-Bukhari, no. 1763).

5. The good news that a woman will be able to travel alone.

Adeey  b. Hâtim narrated:
I was beside to the Messenger of Allah. A man came and complained for his poverty. Later, another one came and complained for the bandits that waylaid people in order to rub them. The Messenger of Allah said:

-  "Adeey, have you seen Heerah?"

-  No. I have not seen, but I heard about it.

- "If you would live long enoungh, you will see a woman, inside her strongbox over the camel, traveling from Heerah at Ka’ba for pilgirimage, without fearing from anything, except Allah.” He said.
I was surprised and I said to myself: “What with the bandits of Tai tribe, those who fired the sedition and mischief all over the towns?…

Adiyy continued his words: I saw the woman traveling from Heereh and walking around Ka’ba, without fearing from anyone, except Allah. (Bukhari, Stories, 25)

—————–
Heereh: İt is a town established over a meadow near Euphrate, in the South-East of Kinidre, which is 5 km in South of Kufe, between Kufe and Havernak, today related to the province of Nejaf in İraq.

6. The Practice of Sahabe-companion- related to the woman’s travel.

During his last Hajj, Umar İbnu’l-Hattâb (radıyallahu anh), has allowed the wives of the Messenger to go to Hajj and he has sent Uthmân İbn Affân and Abdurrahmân İbn Avf together with them. (Buhari, Muhsar 37)
It is a well known fact that these companions are not mahram of the wives of the Messenger.

CONCLUSION
The verses and the hadiths mentioned above point out clearly that a woman, in the event that the safety and the security of the traveling ensured, can travel without her mahram, alone or in a group of women, as a requirement of her job as well as for touristic or worship trips.

Prof. Dr. Abdulaziz Bayındır

*Mahram (i.e. a husband or a person whom one is permanently prohibited from marrying due to suckling, marital, or blood relations)

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