Islam and Qur'an » Woman

Violence Against Women

ozkan — Wed, 20 Oct 2010 15:04:07 +0000

The Glorified Allah has permitted men to beat their wifes under some strict conditions.

These conditions are clarified by verses and hadiths. The Glorified Allah commands:

“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- (______________________) =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 34^th 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 (________________) = 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 are guilty of lewdness — 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-(__________________)= 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:

“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 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:

About your wives fear Allah. They are Allah’s ‘amanat’ to you. You are allowed to have relation with them by the command of Allah. Your right upon them is not to have your ‘exhibiton places’ humiliated -stepped on by somebody 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 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 34^th 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

Women Traveling Without a Mahram*

ozkan — Wed, 02 Sep 2009 12:52:40 +0000

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. )
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)