WOMAN'S RIGHTS IN ISLAM

MODERN OR OUTDATED?

Dr. Zakir Naik

Introduction

The subject of women's rights is of much contemporary analytical relevance and human interest. We are giving in the following lines the presidential speech of a prominent Muslim scholar justice Muhammad Mujeebuddin Qazi. He delivered this speech in a gathering on behalf of the Islamic research foundation where Dr. Zakir Naik was going to speak on the subject of "Women's Rights in Islam"

Justice Qazi had been for 13 years from 1968 to 1981, the government pleader at the Nagpur Branch of the Mumbai High Court, being the highest law officer of the government of Maharashtra, there of.

Justice Qazi became the first Muslim, after Justice M.C. Chagla to be elevated from the Bar to the Bench, as a judge of the Mumbai High Court where he has been delivering judgments from 1981 to 1992.

Justice Qazi is at present a member of the Minorities Commission and earlier has been a member of the advisory board of the Islamic and Comparative Law Journal, in New Delhi.

Justice M. M. Qazi address

The distinguished speaker Dr. Zakir Naik, Dr. Mohammed Naik, former Government and Ambassador Mr. Talyar Khan, the foreigner dignitaries, ladies and gentlemen!

At the outset, I would like to thank to the organizer of Islamic Research Foundation for having invited me to preside over this function.

As you are already aware, the subject of the talk of this morning is … 'Women's Rights in Islam – Modernizing or outdated?'

Modernizing means… "Something which is not antiquated but in the context of the subject it would mean – the rights given to women in Islam fourteen centuries back, are relevant even today.

The debate on the position of women in social spectrum has been going on since centuries. But of late, it has assumed somewhat alarming proportions in certain matters. Issues such as Talaq, Polygamy, and participation of Muslim women in social-political activities are subjects to regular comment and discussion in the media.

There may have been problems but at the same time it is a fact that some if the issues were over played by the media.

No doubt the western women have today obtained social-economic and Lego-political rights through hectic struggle carried on for over 200 years. But friends! I would like to tell you that in the struggle, in the process, she has lost everything. If you have closely observed the western society, you will agree with me that she has lost her family life, peace of mind and even her honor and woman hood.

On the contrary, Islam ahs given women innumerable right fourteen centuries back when contemporary civilizations were still considering whether women could be regarded as a dispassionately and coolly whether the right so given in Islam are really adequate and therefore the relevant even today.

We are fortune to have an eminent speaker Dr. Zakir Naik therefore it is not necessary for me to refer to all those verses in the Holy Qur'an and a number of traditions of the Prophet of Islam pertaining to the rights of women.

However I will refer to the two verses in order to demonstrate that woman has been given a dignified position in Islam – verse 228, chapter 2, Surah Baqarah, as translated by Adullah Yusuf Ali whose work is supposed to be the most standard work, read as under

"And women shall have rights, similar to the rights against them, according to what is equitable, ut men have a degree (of advantage over them)

I would you to bear in mind every word of this verse – it has unequivocally being declared that men and women have similar rights against each other.
These words… this art of the verse has nowhere been diluted anywhere in the Qur'an.

However the verse further says that men have a degree of advantage over women. It is really these words which we have to be sure about, because it is here that most of he people have faltered and even some of the commentators have misconceived these words. But at the outset I would like to tell you that these words have nothing to do with the
rights between the parties we have already seen just now. In order to fully appreciate this verse, these words namely that… "MEN jave a degree of advantage over women" we will have to refer also to another verse – verse 34, chapter 4, Surah Nisa.

Translation reads as under:

"Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them for their means".

This verse again lays down that… "Men are the protectors and maintainers of women" if further says that… "God has given one more than the other". Admittedly a woman is a weaker sex and she has got to be given special protection in certain matters. Anthropologically man is stronger and also different, which is also a biological truth. No doubt nature has given him this advantage for which no credit goes to man and no discredit to woman. But I would like to tell you that this advantage is also being given to man in order, so that he is able to efficiently discharge his function. Very arduous task
has been cast on him that of a protector and maintainer and therefore this advantage which has been given to him has nothing to do with the rights as I have already said. In fact this advantage in no way reduces the rights of neither woman nor her importance.

Therefore I would like to request you to ponder over and think about the state of affair in the social set up today. According to me, this is one of the most important and delicate function of the men… to give protection women. It is not wholly an ordinary protection in the sense of saving one's life. Please try to understand and appreciate.

I would request you to think over whether men are discharging their functions… and if you closely examine, I have no doubt you will come to this conclusion that men have abdicated their most important functions… that of giving protection to women and therefore have neglected their elementary duty.

I do not want to enter into a dialogue or a debate at this time as to who is responsible for bringing about this, tragic situation. May be that women have also been responsible for this. But the fact remains that this has exposed women to forces of crime and oppression leading to widespread. Cases of violation of her honor and dignity in the back drop of Indian ethos, we shall sanctify womanhood. No woman would like to bargain for such liberty and no man would like to give up this role as a "protector".

This extremely delicate aspect of relationship between man and woman has been explained by one of the great thinkers and poet, Doctor Mohammed Iqbal in a poem titled "Women's Protection". Of course the poem is in Urdo. It consists of three couplets and I will translate them.

Iqbal say: "Ek Zinda Haqiqat Mere Seene Mai Hai Mastoor,
Kia Jaanega Woh Jiske Ragon Main Hai Lahoo Sard,
Na par a Na Taleem, Nai Ho Ki Purni,
Nisvaniyat E Zan Ka Nigehbaan Hai Faqat Mard,
Jis Qaum Ne Is Zinda Haqiqat Ko Na Paya,
Us Qaum Ka Kursheed Bhut Jald Huwa Zard".

The translation would be that: a living truth lies deep into my heart (But) it is not for those whose senses are frozen. It is neither veil nor education… new or old. The protector of the dignity of woman is man alone. A nation which as not discovered this truth. Its sun is bound to fade away.

I would like to tell you that woman has been given a very dignified position in Qur'an and the real problem is only of our own ignorance of Qur'an's real spirit. Therefore the real solution would be to educate and enlighten the people.

May I remind at this moment, the great words of Thomas Jefferson that… "A nation which expects to be ignorant and also free, it expects what never was and never will be" "Wo Mauziz the Zamane Main Musalman Hokar, Aur Tum Khawr Huye Tarike Qur'an Hoker"

Ladies and Gentlemen! We have amidst us Mumbai's young but brilliant and irradiate speaker, Dr. Zakir Naik. Though he is a doctor by profession but he has dedicated himself to the cause of propagations of Islam in its right perspective. He is founder general secretary of Islamic Research Foundation which was established in 1991. He was widely traveled within and outside country and has delivered number of lectures. At such a
young age he has developed deep insight into Qur'an – which reminds us what Tagore has said that… "A lamp cannot light another lamp unless it continues to burn its own flame".

Women's Rights in Islam

We are giving here in the following lines Dr. Zakir Naik's scholarly lecture on the above mentioned subject. We have reshaped it in the question – answer form for the convenience of the readers and also in order to harmonize his lecture and the questionanswer session being given after it.

Women's Rights in Islam
Modernizing or Outdated

Definition of Women's Right

Question: What is meant by women rights?
Dr. Zakir Naik: According to the Oxford dictionary, women's rights are the rights that promote a position of social and legal equality of women to men. They are the rights claimed for the women equal to those o men as regards to suffrage that right to vote, property etc. "Modernizing", according to the Oxford dictionary means, "to make modern, to adapt to modern needs or habits" according to the webmaster's dictionary it means… "To make modern or to give a new character or appearance e.g., to modernize one's ideas' in short, modernizing is a process of updating or opting for the betterment of
the present status itself – it is not the present modern itself.


Can we modernize ourselves to master our problems and to realize a new way of life for the whole human race?

I am not concerned about the modern ideas, the conclusions and the categorical statements made by scientists and inexperienced armchair expert, as how a life should be lived by a woman. I am going to base my conclusions and considerations on truth which can be proved by experience. Experience and unbiased factual holistic analysis is the sure test between the gold of truth and the glitter of theory. We have to check our thinking against reality otherwise many a times our mental process will go astray – indeed the great brains of one time believed that the world was flat.

Truth about women's rights in Islam
Question: what is truth about the uproar of the western media regarding women's status in Islam?

Dr. Zakir Naik: if we agree with the "women's rights in but to agree Islam as portrayed by the western media, we have no option but to agree that women's rights in Islam are outdated. The western talk of women's liberation is actually a disguised form of exploitation of her soul. The western society which speaks of upgrading the status of women has actually reduced their status to concubines made them mistresses' society butterflies. They are mere tools in the hands of sex marketers and pleasure seekers behind
the colorful screen of art and culture.

Islam radical support gave women their due rights and status in the days of ignorance 1,400 years ago. Islam's objective was and continues to be to modernize our thinking, our living, our seeing, our hearing, our feeling and striving for the women's upliftment and emancipation in the society.

Ideas are important
Not to individuals' behaviors

Before I dwell further with the topic, I would like you to make note of a few points.

i. The first point is that approximately one fifth of the world's population
consists of Muslims. There are different Muslim societies – some may close
and some maybe far away from Islam.

ii. The women's rights in Islam should be judged according to the authentic
sources and not what individual Muslims do, or what the Muslim society does.

iii. The authentic sources of Islam are the Qur'an which the word of God and the authentic Sunnah and the traditions of our beloved Prophet (May peace be upon him).

iv. The Qur'an will never contradict itself nor will the Sahih Hadith contradicts
itself… neither will these two authentic sources contradict each other.

v. Sometime the scholar differ and many a times these difference can be
removed by analyzing the Qur'an as a whole and not just by quoting one
particular verse because if one particular verse of the Qur'an is ambiguous, the answer is given somewhere else in the Qur'an. Some people quote one source and neglect all the other sources.

vi. It is the duty of every Muslims, male and female to seek the pleasure of Allah (SWT) and to act as his trustee on this world and not to try and gain fame or satisfy one's own ego.

Natural of Equality of men and women

Question: What is nature of equality of men and women in Islam?
Dr. Zakir Naik: Islam believes in equality of men and women but equality does not mean identically, in Islam, the role of a man and woman is complimentary not conflicting. It is that of a partnership not contradictory so as to strive for supremacy.

As far women's rights in Islam are concerned, I have divided them into 6 broad
categories.

i. The spiritual rights
ii. The economical rights
iii. The social rights
iv. The educational rights
v. The legal rights
vi. The political right

Spiritual Rights of Women

Let's analyze the spiritual rights of women in Islam

The greatest misconception that the west has about Islam is that they think… "Paradise in Islam is only meant for the male and not for the female". This misconception can be removed by quoting from Surah Nisa, Ch.4, verse 124, which says.

"Whoever does deeds of righteousness, whether it is male or female and has faith, they shall surely enter paradise and not the least injustice shall be done to them"

A similar thing is repeated in Surah Nahl, Ch. 16, verse 97 which says…

"Whoever performs good deeds, be it a man or a woman and is a believer, we shall give him (or her) good life and we shall reward them for all their good works"

Just because in Islam sex is not the criterion to enter paradise… will you call such rights in Islam as modernizing or outdated?

The Women has soul

Another misconception which the western media has, "The woman has no soul". In fact it was in the seventh century when the council of wise men gathered at Rome unanimously agreed that the woman has no soul.

In Islam, man and woman have the same spiritual nature and that has been clarified by Qur'an.

See verse from Surah Nisa, Ch.4 verse 1, which says:

"O humankind reverence your Guardian Lord, who has created you from a single person and created like nature his mate"

A similar thing is mentioned in Surah Nahl, Ch. 16, verse 72,

"We have made for you companions and mates of your own nature"

Again in Surah Al-Shura, Ch.42, verse 11, it says:

"He is the one who has created the heavens and the earth and ha made for you pairs from among yourselves"

Just because the spiritual nature of a man and woman is the same in Islam, will you call such rights in Islam, as modernizing or outdated?

Man and Woman both are recipients of Allah's Spirit

The Qur'an clearly mentions that… "Allah (SWT) has breathed somewhat of his spirit, into human beings". If you read Surahh Hijr Ch. 15, verse 29, it says:
"When I have fashioned him in due proportion and have breathed into him something of my spirit fall ye down in obeisance".

A similar thing is repeated in the Qur'an, in Surah Sajdan, Ch. 32, verse 9, which says:

"Then he fashioned him in due proportion and breathed into him something of his spirit".

When Allah SWT refers to…"As something of my spirit breathed into human beings", it does not mean a sort of incarnation or a pantheistic form. It means that Allah has given to every human being something of his spiritual nature and the knowledge of God almighty and coming closer towards him. Here t refers to both Adam and Eve (May peace be upon them). Both were breathed something of Allah (SWT)'s spirit. Again we read in the Qur'an that Allah has appointed the human beings as his vicegerent and his trustee as is
mentioned in Surah Isra, Ch. 17, verse 70, which says…

"We have honored the children of Adam and bestowed on them special favors"
Here all the children of Adam have been honored, male as well as female.

There are some religious scriptures, for example the Bible, which put the blame on Eve for the downfall of humanity.

In fact if you read the Qur'an in Surah Araf, Ch.7, verse 19 to 27, Adam and Eve (May peace be upon them both) are addresses more than a dozen of times. Both disobeyed God, both asked for forgiveness, both repented and both were forgiven.

In the Bible if you read Genesis, Ch.3, only Eve is held responsible for the downfall of humanity and according to the doctrine of "Original Sin"; because of Eve (May peace be upon her) the whole of humanity is born in sin.

If you read the Bible in the book of Genesis, Ch.3, verse 16, it states that God is saying to the woman "you shall bear in conception and in sorrow shall you give birth and your desire shall be of your husband and he shall rule over you" that means, pregnancy and child birth has been said in the Bible to degrade the women and the labor of pain is a sort of punishment.

Different opinion of Qur'an regarding women

When the Bible has left no stone unturned to blame the women for all the sins of the entire human race, Qur'an treats women in a dignified manner. The Qur'an has uplifted the women with pregnancy and child birth.

Surah Nisa, Ch.4, verse 1 says… "Respect the womb that bore you"
It is mentioned in Surah Luqman, Ch.31, verse 14, it says:

"That… "We have enjoyed on the human being to be kind to the parents, in travail upon travail did his mother bore him and in years twain was his weaning"

A similar thing is mentioned in Surah Ahqaf, Ch.46, and verse 15:

"We have enjoyed on the human beings to be kind to the parents"
To be kind to the parents – in pain did their mothers bore them, and in pain did they give them birth – pregnancy in the Qur'an has uplifted the women not degraded her. You see pregnancy has uplifted the women in Islam then will you call such rights in Islam as modernizing or outdated?

TAQWA carries importance in the Sight of Allah

The only criterion for judgment in the sight of Allah is "Taqwa", "God consciousness" or "righteousness" it is mentioned in Surah Hujurat, Ch. 49, verse 13.
"O humankind, we have created you from a single pair of male and female and have divided you into nations and tribes, so that you shall recognize each other (not that you despise each other) and the most honored in the sight of Allah, I the one who is the most righteous, verily Allah is All-knowing, All-Aware, sex, color, caste, wealth have got no criteria in Islam. If you read Surah Aal-Imran Ch.3 verse 195 it says:

"I will never suffer the loss of any of you, be it male or female, you are companions unto each other".

I had started my talk by quoting a verse from Surah Al Ahzab, Ch. 33, verse 35, which says:

"Inna Muslimeena Wal Muslimat" "For Muslim men and Muslim women",

"Wal Moameenina Wal Mominnat" – "For believing men and women"

"Wal Kaniteena Wal Kaneetat" – "For devout men and women"

"Was Sadeeqina Was Sadeeqati" – "For true men and women"

"Was Sabeerina Was Sabeerati" – "For men and women who are patient and constant"

"Wal Musaddiqeena Wal Musadiqaati" – "For men and women who give in charity"

"Was Saaeemeena Was Saaimaati" – "For men and women who fast and deny
themselves"

"Wal Hafeezina Furoojahom Wal Hafizat" – "For men and women who guard their chastity"

"Waz Zaakireenallah Kaseeran Waz Zaakirat" – "For men and women who engage much in Allah's (SWTala's) praise"

Special concessions for women

The above verse ends by:

"Aadallahu Lahum maghfiratan Wa Ajran Azeema" "That for them Allah has prepared forgiveness and ample of reward"

This words indicates that the spiritual duties and the moral duties for the men and women in Islam are the same – Both have to believe, both have to pray, both have to fast, both have to give Zakat (Charity) etc…

But the women have been given certain concessions in Islam if she is undergoing her menstrual period or pregnancy she doesn’t have to fast. She can keep those fasts later on when she is healthier. In fact, during the menstruation and during the postnatal period she needs not pray either. She has been given the concession and neither does she have to compensate it later on.

When the moral duties of the men and women are equal in Islam will you call such rights in Islam as modernizing or outdated?

Economical Rights of Women in Islam

Islam gave economical right to the women 1,300 years before the west did. An adult Muslim woman can own, dispose or disown any of her property without consulting anyone, irrespective whether she is married or single. In 1870, it was the first time in England that the west recognized the rights o f the married woman when she was allowed to own or dispose any of her property without consultation.

I do agree that the women were given their economical rights 1300 years ago – thus these are "ancient rights" – but the question is – "are they modernizing or outdated"

Islam doesn’t restrain women from going to job

A woman in Islam, if she wishes, can work. There is no text in the Qur'an or the authentic Hadith which prevents or makes it prohibited for women to do any work as long as it is not unlawful and is within the preview of the Islamic Shariah if she maintains her Islamic dress code. But naturally she cannot take up jobs which exhibit her beauty and body, for example modeling and film acting and such kind of jobs. Many of the professions and jobs which are prohibited for the women are also prohibited for the man, for example
serving liquor. Working in gambling dens or doing any unethical or dishonest business is prohibited for both men and women.

A true Islamic society requires women to take up profession doctors. We do require female Gynecologists and female nurses. We do require female teachers but the woman in Islam has got no financial obligation. The financial obligation is laid on the shoulders of the man in the family therefore she needs work for her livelihood.

But in genuine cases where there is financial crisis and is difficult to make ends meet, she has the option of working here too, no one can force her to work. She works out of her own absolute free will. Besides the professions I mentioned, she can work in her house and take up tailoring, embroidery, pottery and make baskets etc. she is also allowed to work in factories and small scale industries which have been designed exclusively for ladies.

She can work in places which have go separate sections for gent and ladies because Islam does not agree with intermingling of the sex. She can do business too and where it comes to do transactions, with the involvement of foreign male or Na-Mehram, she should do it through father or brother, husband or son and the best example I can give you is of Bibi Khadija (may peace be upon her) who was the wife of our beloved Prophet (may peace
be upon him). She was one of the most successful business women of her time and she did the transaction through her husband, Prophet Muhammad (May peace be upon him).

Islam gives financial security to woman

A woman in Islam has given more financial security as compared to the man. As I told you earlier the financial obligation is not put on her shoulder. It is out on the shoulder of the man in the family. It is the duty of the father or the brother before she is married and after she is married it is the responsibility of the husband or son to look after her lodging, clothing and financial needs. When she gets married is on the receiving end again, she
receives a gift of dower or a marital gift which is called as "Meher".

And it is mentioned in Qur'an in Surah Nisa, Ch.4 verse 4, which says:

"Give to the women in dower a marital gift"

For a marriage to solemnize in Islam "Meher" is compulsory but unfortunately in our Muslim society here, we just keep a nominal "Meher" to satisfy the Qur'an, say 151 rupees o some people give 786 rupees and they spend lakhs and lakhs of rupees on the reception, decoration and on the Walima or the parties.

Remember! In Islam there is no lower-limit nor is there an upper limit for "Meher" but when a person can spend lakhs (Hundred Thousands) of rupees on the reception, surely the "Meher" be much more. Various cultures have crept into the Muslim societies especially in the Indo-Pak area. They give a small amount of "Meher" and they expect the wife to bring a fridge, television even a flat, cat, etc. and a large sum of dowry depending
upon the status of the bridegroom.

If he is a graduate they may expect 1 hundred thousand, if he is an engineer they may expect 3 hundred thousands and if he is a doctor they may expect 5 hundred thousands. (These days the demands and expectation are even greater).

Demanding dowry from the wife, directly or indirectly, is prohibited in Islam. If the parents of the girl give her something out of their own free will, it may be accepted but demanding or forcing directly or indirectly is not allowed in Islam. If a woman works which she does not have to whatever earning she gets is absolutely her property.

She can't be forced to spend a single penny on the household if she wants to spend elsewhere. Irrespective how rich the wife is, it is the duty of the husband to provide lodging, clothing and look after the financial aspects of the wife.

In case of divorce or if a wife gets widowed, she is given financial support for the period of "Iddah" and if she has children she is also given child support.

Women has right to inherit

Islam has given the right to the woman to inherit centuries ago. If you read the Qur'an – in several verses, in Surah Nisa, in Surah Baqarah and Surah Maidah, it is mentioned that a woman, irrespective of whether she is a wife or a mother sister or a daughter, has the right to inherit and it has been fixed by Allah (SWT) in the Qur'an and I do know there must be a question that the inheritance law of Islam is unjust but time does not permit me to clarity this – Insha Allah I will expect a question on this and then I can deal with this
topic more in detail. (Detail answer regarding this misconception is given in his book "20 questions of none Muslims").

Social Rights of women

Let us go further and analyze the social rights of a woman in Islam. Broadly it can be categorized into four sub-headings… social rights given to a daughter, to a wife, to a mother and to a sister.

Rights of Daughter

Coming to the social rights given in Islam to a daughter the most important point is that Islam prohibits female infanticide – the killing of female children. It is mentioned in Surah Taqveer, Ch. 81, verse 8 and 9:

"When the female child buried alive is (will be) questioned for what crime was he killed?

Not only female infanticide but also all sorts of infanticides have been prohibited in Islam. It is mentioned in the Qur'an in Surah A "Nam" Ch.6, verse 151, that:

"Kill not you children for want of sustenance. We provide sustenance for you and for them".

A similar thing is mentioned in Surah Isra, Ch. 17, verse 31, which says:

"Kill not your children for want of sustenance, we (Allah) will provide sustenance to you and your children, for killing of children is a major"

In the pre-Islamic Arabia, whenever a female child was born mostly she was buried alive. Alhamdullillah, after the spread of Islam this evil practice had been discontinued but unfortunately it still continues in India. In a BBC repot whose title was "Let Her Die" a British reporter, Emily Beckenen, given the statistics of the female infanticide. This program was shown more than a year back on the star TV and it is being shown every month and just a few days ago it was again shown telecast. In that program the statistics
showed that every day more than 3,000 fetuses are being aborted being identified that they are females.

If you multiply this figure with the number of days, that is 365, you get a figure more than one million female fetuses are being aborted every year in this country and there are big hoarding and posters in states like Tamil Nadu and Rajasthan which say spend 500 rupees and save 5 hundred thousands. It means that spends rupees on medical examination like Aminocententus or Ultra Sonography and identifies the sex of child mother carrying. In case it is a female you can abort it child and you will save 5 hundred
thousands - How?

The couple of thousands you spend on upbringing her and the remaining thousands rupees you spend on giving dowry. According to the report of the government hospitals of Tamil Nadu – "out of every 10 female children are born, four are put to death" – no wonder the female population in India is less than the male population.

Female infanticide has been continuing in India since centuries. If you analyze the statistics of the 1901 census, for every 1000 males there were 972 females. According to the 1981 statistics and census for every 1000 males you have 934 females and the latest statistics of 1991 tell you that for every 1000 males you have 927 females. You can analyze that the female ratio is dropping every year and since medical science has advanced has helped in this evil practice. Just see Islam tells you that you should not kill
your children whether it be male or female will you will these rights in Islam as
modernizing or outdated?

Daughters are bless for parents

Islam enjoins upon its followers to rejoice on the birth of daughter. Islam not only prohibits killing of infant children, It also prohibits and rebukes you on rejoicing on the birth of a male child and getting saddened on the news of a female child. If you read hl, Ch.16, verse 58 and 59, it tells you that:

"And when news is brought to one of them of a birth of a female child his face darkens and is filled with inward grief". He hides himself in shame from his people because of the news he has received. Should he let her live in suffering or should he bury her in dust. Ah! What an evil choice they have".

In Islam, a daughter should be brought up correctly. According to a Hadith in "Ahmed", the Prophet (May peace be upon him) said "anyone who brings up two daughters properly, he will be like this to me on the Day of Judgment" (he said raising his two fingers meaning he will be very close to him that day) and there is another Hadith which says, that "anyone who brings up 2 daughters properly and takes good care and brings them up with love and affection, he will enter paradise! In Islam there should be no partiality in upbringing of the daughter or son.

According to the Hadith of our beloved Prophet "Once in the presence of the Prophet, a man kissed his son and placed him on his lap but didn’t do the same to his daughter. The Prophet immediately objected and said "you are unjust – you should have even kissed your daughter and placed her on the other lap" Prophet Mohammed (May peace be upon him) not only spoke about justice, he also practiced it.

Rights of a wife

All the previous civilizations considered the woman to be an "Instrument of devil". The Qur'an refers to the woman as "Mohsana" that is a "fortress again the devil" and if a good woman marries a man, she prevents him from going on the wrong path and keeps him on the "Siratulmustaqeem" – that is the correct path. There's a Hadith in which Prophet Mohammed (May peace be upon him) said that, "there is no monasticism in Islam". And again according to the Sahih Bukhari, volume 7, Ch. 3, Hadith 4: "the Prophet ordained
the young men that all those who have the means should marry – for it will help them to lower their gaze and guard their modesty. There is another Hadith related by Anas in which the Prophet said… "Anyone who marries completing my full DEEN" the person had misunderstood the message of the Prophet. The Prophet's saying "when you marry complete your half DEEN" means that when you marry it shields you from promiscuity as well as from fornication and homosexuality which lead to committing the sin in this
world. Only when you marry you have opportunity to become husband or a wife and a father or a mother and the duties of them other and father and that of a husband and wife are very important in Islam so it makes no difference whether a man marries once twice or thrice or four times he yet completes only half his DEEN.

Forced marriage is not allowed in Islam

The Qur'an says:

"We have put love into the hearts of the husband and wife"

If you read Surah Rom, Ch. 30, verse 21, it says:

"and amongst his signs (is this) that he created for you mates or companions from among yourselves so that you may dwell in them with tranquility and he has put love and mercy between your hearts"

According to the Surah Nisa, Ch. 4, verse 21, Marriage is a considered as a misaq, a sacred agreement and contact. According to Surah Nisa Ch.4, verse 19.

"O you who believe you are prohibited to inherit women against their will"

It means, to marry the soncent of both the parties is required. It is compulsory that the man and woman both should agree for marriage. No one –not even the father can force his daughters to marry against her wishes.

There is a Hadith in Sahih Bukhari, volume 7, Ch. 43, and Hadith: 69, which says "that a lady was forced by her father to marry against her wishes and she went to the Prophet and the Prophet invalidated the marriage". Another Hadith in Ibn-e-Humbal, No. 2469 says "that a daughter was forced by her father to get married but when the daughter approached the Prophet, the Prophet said you can either continue, or if you wish you can invalidate the marriage. That means the consent of both the male and the female is required to complete the contract of marriage.

Woman is home-maker in Islam

There is a Hadith reported by Ibn-Hambal – Hadith No 736, 7396. It says "The most perfect of the believers are those who are best in character and behavior, and those who are best to their family and their wives".

What is meant by "Qawwam" in Qur'an?

Islam gives equal rights to the man and woman and the Qur'an clearly mentions that man and woman, husband and wife have equal rights in all aspects, except leadership in the family. It is mentioned in the Qur'an in Surah Baqarah Ch. 2, verse 228:

"The women have been given rights similar against them on equitable terms but the men have a degree higher"

I perfectly agree with the justice M.M. Kazi when he said that most of the Muslims have misunderstood this verse, when it says "a man has a degree higher" as I said we should analyze the Qur'an as a whole and it is mentioned in Surah Nisa, Ch. 4, verse 34 which says:

"The men are the protectors and maintainers of the women, for Allah (SWT) have given one of them more strength than the other and they give them their means".

People say the word "QAWWAM" means, "One degree higher in the superiority" – but actually the word "QAWWAM" comes from the root word "IQAMAH". IQAMAH refers to the IQAMAH before prayers so "IQAMAH means to standup – so the word "QAWWAM" means one degree higher responsibility, not one degree higher in superiority. Even if you read the commentary of "Ibn-Kathir", he says that the word "QAWWAM" means one degree higher in responsibility not one degree higher in superiority and this responsibility should be carried out by mutual consent of both husband and wife. It is mentioned in Surah Baqarah, Ch. 2, verse 187, which says:

"Your wives are your garments, and you are their garments"

What the objective of garments – it is used to conceal and to beauty. The husband and wife should conceal each other's faults and they should beauty each other. It is a relationship of hands and gloves.

[B][/B
]The Qur'an mentioned that: "even if you do not like your wife, you should treat her kindly". It is mentioned in Surah Nisa, Ch. 4, verse 19, that:

"Treat your wives on a footing of equality and kindness even if you dislike them – for you may dislike a thing for which Allah has made good for you".

Just the rights of a wife are equal to those of the husband in Islam; will you continue to call such rights as outdated?

Rights of Mother

The only thing above respect to mother is the worshiop of Allah (SWT) – it is mentioned in Ch. 17, verse 23-24: it says that:

"Allah has ordained for you that you worship none but him, and to be kind to your parents" and if any one or both of them reach old age do not say a word of contempt or repel then but with kindness, and lower to them your wings of humility and pray to Allah (SWT) – "My Lord bless them as they have cherished me in childhood".

Surah Nisa, Ch. 4, verse 1 says:
"Respect the womb that bore you"
Surah An, am, Ch.6, verse 151, says:

"You have to be kind to your parents"

Again Surah Luqman Ch. 31, verse 14 says the same thing:

"We have enjoined on the men to be kind to his parents. In travail upon travail, did his mother bore him and in years twain was his weaning"

A similar thing is repeated in Surah Ahqaf Ch. 46, verse 15:

"We have enjoined on the man to be kind to his parents. In pain did his mother bore him and in pain did she give him birth"

Paradise is under the feet of mother

According to a Hadith related in "Ahmed", as well as in "Ibn-e-ajah" "paradise lies at the feet of the mother". That does not men that if my mother is walking on the road and if she steps on muck and filth – that thing becomes paradise. It means that after you fulfill your basic duties, if you respect your mother, are kind to her and honor her you will Insha-Allah enter paradise.

Mother wins all three medals, and father only consolation prize

A Hadith related in Sahih Bukhari in volume 8, Ch. 2, Hadith 2 as well as in Sahih-Muslim says that a man asked the Prophet… who requires the maximum love and respect and my companionship in this world? The Prophet replied: "your mother" "who is next"? "Your Mother" "who is next"? "Your mother" the man asked for the times, "who is next"? The Prophet
replied: "Your father" thus 75% of the love and respect to the mother and 25% of the love and respect go to the father. This means that three fourth of the better part of the love and respect is the share of the mother and one forth of the remaining part of the love and respect goes to the father.

In short the gold, the silver and the bronze medal go to the mother and the father may get the consolation prize.

The rights of sister in Islam

Let us analyze the rights of the sister in Islam.
According to Surah Tawbah, Ch. 9, vere 71.

"The men and the women are maintainers and supporters of each other"

The word "Auliya" here means "supporters" and "maintainers" – they are supporters and maintainers of each other. In short they are brother and sisters unto each other.

Prophet Muhammed (May peace be upon him) said "The women are the 'Shakat' 'Shakat' means sister". It is means 'Half' as humankind has been divided into two halves – men and women – it refers to as 'Half' also as 'sister'.

Muslim woman has rights of education

Now let us analyze the educational rights given to the women in Islam.

The first 5 verses which were revealed if the Qur'an were from Surah Alaq, or Surah Iqra, Ch.96, verse 1 to 5 which read as:

"Read, in the name of your Lord, who has created the human beings from a congealed clot of blood, a leech like sustenance read, your lord is most bountiful who has taught the use of the pen who has taught the human beings which he knew-not"

The first guidance given in the Qur'an to the humankind was not to pray, to fast, or give charity. It was to read. Islam pays utmost importance to education.

The Prophet ordained the parents to see to it that they gave religious education to their daughters and after a lady is married, it is the duty of the husband to provide her with the religious education. If he cannot do it himself and she wishes, he should allow her going somewhere else to acquire the education.

According to the Sahih Bukhari, the women were very enthusiastic to acquire knowledge and they once said to the Prophet: "you are usually surrounded by men – why do not you give us one particular day so that we too can ask you questions" – and the Prophet agreed.

Besides going himself he would send some of his Sahabas to the women to give them education.

Imagine, 1,400 years ago when the women were ill treated and were only used as chattels leave aside being educated, Islam asked the women to be educated.

Ayaisha-the first Muslim woman scholar and educator

We have examples of several Muslim women who are scholars. The best example I can give you is of Bibi Ayaisha (May Allah peace be pleased with her) who was the daughter of Hazrat Au Bakr, the first Khalifa of Islam, (May Allah be please with him) and the wife of our beloved Prophet Muhammad (May Allah peace be upon him). She gave guidance even to the Sahabas and to the Khalifas. One of her famous student was Urwahbint-Zubair.

She would say "I have not seen a greater scholar than Ayaisha in the field of learning of the Qur'an, in Obligatory duties, lawful and unlawful matters, literature, poetry and Arab history" she was not only expert in the religious field but also she had profound knowledge of medicine,. Whenever the foreign delegates came to the Prophet, she used to ask them about the effects of the herbs of their areas and would memorize the remedies. She was well verses in the field of math and many times the companions came to her to
ask problems of "Mirath" that is, "Inheritance" that how much share should be given to the each individual. She is said to have guided all the four Khalifas. She also gave guidance many a crimes to Abu Huraira, the great reporter of Hadith, (may Allah be pleased with him) and she herself has narrated 2210 Hadiths.

Abu Moosa who was a famous Jurist, said: "whenever we companions had lack of knowledge on a certain matter, we went to Hazrat Ayaisha (May Allah be closed with her), and definitely she had knowledge about it".
She is said to have taught more than 88 scholars. We can say that she was the scholar of scholars.

Safiyya, the first Muslim woman jurist

There are several examples, one is of the Prophet. She was an expert on Fiqah, Islamic Jurisprudence. According to imam Nouvi "she was the most intellectual woman of that time".

Umm-Salma, teacher of 32 scholars

Another example is of Ummu-Salma (May allah be pleased with her) who was the wife of the beloved Prophet. According to Ibn Hajar… "She has taught 32 different scholars"

Fatima bint Qais, great debater

Fatima bint Qais is said to have a discussion on Figah for a full day with Hazrat Ayaisha and Hazrat Umar (May Allah be pleased with them both) and still they could not prove her wrong. According to Imam Nauvi, "She migrated in the early days and had profound knowledge".

Umm Sulaim, expert in preaching

Another example is of the Umm Sulaim who was the mother of Anas (May Allah be pleased with him). She is said to be very well versed in the field of Dawah (preaching of Islam).

Sayyeda Nufaisa, Imam Shafei's teacher

Sayyeda Nufaisa was the grand daughter of Hasan (Nufaisa was actually the great-grand daughter of Hasan. Nufaisa bing Hasan bin Zaid bin Hasan bin Ali (May Allah be pleased with them all). She was wife of Ishaque bin Imm Jafar Sadiq) and she also said to have taught Imam Shafei who was the founder of one of the schools to thought.

Umm Ad-Darda, expert in science

There are several examples – Umm-Ad-darda who was the wife of Abul-Ad-darda, is said to be an expert in science, and even Imam Bukhari has said that she was an expert in her field. At the time when the women were ill treated, ever were buried alive at the time of birth Islam has women scholars in the field of medicine, in the field of science and in the field of religion because Islam tells that every woman should be educated, will you
call such women's rights in Islam as modernized or outdated?

Legal rights of women in Islam

Lets discuss the legal rights given to a woman in Islam. According to the Islamic law men and women are equal. The Shariah protects the life and property of a man and woman both. Of a man murdered a woman he too will receive the same capital punishment or "Qisas" as in the case if a man murdered another man. According to Surah Baqarah Ch. 2, verse 178 and 179,"He too shall be killed" like wise if a woman murdered, "She too will be killed".

According to the Islamic law of "Qisas", men and women, irrespective the injury be of the eye, nose, ear of the body, both receive equal punishment and if he guardian of the murdered, thought be a woman, forgives the murderer and accepts "Dia", the compensation, her opinion cannot be rejected. They have to accept it and if there's difference of opinion between the relatives of the murdered that some say the murderer should be killed and some say he should be forgiven and "Dia" should be accepted people respect the opinion of guardian woman and irrespective whether the witness or the
opinion is given by a man or a woman it has same weight.

Surah Maida, Ch.5, verse 38. Says:

"as to the thief, either be a man or a woman, cut off his or her hand as a punishment for their crime, an example from Allah (SWT, mean, if a person robs, irrespective whether he is a man or a woman his or her hands should be chopped and the punishment is equal and the same.

According to the Surah Nur, Ch.24 verse 2:

"If a man or a woman commits fornication, flog them with 100 stripes"

The punishment for fornication in Islam irrespective whether it is a man or a woman is the same – flogging with 100 stripes.

Woman witness in Islam

In Islam a woman is allowed to give witness. Imagine, Islam gave right to a woman to be a witness, 14 centuries ago where as even as late as 1980, the Jewish Rabbi were considering whether the women should be given a right to act as a witness or not.

According to Surah Nur, Ch. 24, verse 4:
"Those who put a charge against the chastity of a woman, produce not 4 witness, flog them with 80 stripes and reject their testimony forever".

In Islam for a small crime you require 2 witnesses but for a big crime you require 4 witnesses. According a woman falsely is a big crime in Islam, therefore you require 4 witnesses. Now a day you see in the modern society men abusing women calling them all sorts of name. they call them prostitutes etc and nothing is done but in an Islamic state, if a man calls her a "prostitute" in public or anywhere else ad if she takes that man to court
and in case man cannot produce 4 witnesses or even if he produces 4 witnesses and any one of them falters, all four will receive 80 lashes each and if future their evidence will be rejected.

Islam gives utmost importance to the chastity of the woman when a lady marries him normally adopts the name of her husband however, in Islam she has the option of either or maintaining her maiden name and maintaining the maiden name is recommended in Islam. We find in several Muslim societies that women, even after get married maintain their maiden name because according to the Islamic law men and women were equal.

Will you call such rights in Islam modernizing or outdated?

Political Rights of women in Islam

Let us analyze the political rights. According to Surah Tawba, Ch.9, verse 71,

"The men and the women are supporters of each other"

Supporters not only socially – even politically, politically men and women should support each other.

Islam gives woman the right to vote

If you read Surah Al Mimtahina, Ch. 60, verse 12, it says:

"O Prophet when the believing women come to thee with an oath of fealty"
Here the Arabic word is "Bayah" – and "Bayah" means much more than our modern, present day election – because Prophet Muhammad (May peace be upon him) was not only the messenger of Allah but he was also the head of the state. Women came to the Prophet and they agreed with him being the head of the state so Islam gives the woman even the right to vote. The Prophet took oath of fealty from men and women both at the conquest of Makkah.

Women can even take part in law making

According to the famous Hadith in which Hazrat Umar (May peace Allah be pleased with him) was discussing with the Sahabas and putting an upper limit on the "Meher" was under consideration since young men were being discourage form getting married. A lady from the back seat objected and said, when the Qur'an says in Surah Nisa Ch. 4, verse 20 that…"you can even give a heap of treasure, a heap of gold in "Meher" and thus Qur'an puts no limit on "Meher" who is Umar (May Allah be pleased with him) to put a limit.

And immediately Hazrat Umar (May Allah be pleased with him) said… "Umar is wrong and the lady is right" imagine she was a common lady because if she were a famous lady her name would have been mentioned in the Hadith, this means even a common lady could object to the "Khalifa", the head of the state.

The technical terms it would be called that "She was objecting to the breach of the constitution", because Qur'an is the constitution of the Muslims. This is the proof that a woman can even take part in law making.

Women have even taken part in the battle

There is a full chapter in the Sahih Bukhari mentioning women in the battlefield. Women gave water and provided first aid to the soldiers. There is a particular mention of a woman by the name of Nusaiba who was among the few who protected our beloved Prophet during the battle of Ohud.

This is to be noted that Qur'an says "Men are the protectors of the "women" so under normal circumstances the women need not to go to the battlefield because it is the duty of the men to fight against the enemy however when required, under necessity, women are allowed to go to the battlefield.

Why Muslim women should not join regular military services?

Islam puts the primary responsibility of fighting on the shoulders of men because it attaches great importance to the home front. If women are allowed to join the regular military service, the home will suffer greatly and that damage and loss is irrespirable. In that case you will have the same position as you are seeing in the USA. There women were allowed to join the military in 1901 but they were not allowed to take active part. They only played the part of a nurse. Later on when the "feminist movement" which had
started in 1973, demanded, the American government allowed the women to take active part in the battlefield in 1976.

The result of open mixing of men and women were ruining. Last year according to a report of the defense department of America which was released on 23rd of April, 1993, 90 people were sexually assaulted in a convention, out of which 83 were women and 117 officers were charged with disciplinary action. Imagine in one convention only, 83 women were sexually assaulted. What was the crime of those 117 officers? They made the women run and they snatched their cloths. They made them parade absolutely naked
without even covering the genital parts. They were made to have sex in public.

Is this what you call "women rights" if you think that this is "women right" then you can keep your rights to yourselves. We do not our sisters, daughters and mothers to be sexually assaulted.

Upon that report there was a uproar in the congress and Bill Clinton himself had to apologize and he said "necessary action will be taken" and you know when politicians say "necessary action will be taken" what happens.

So Islam allows women to take part in the battlefield only when required but there also they should maintain their Islamic Hijab, the Islamic ethics and their modesty.

Man and woman are equal but not identical

Before I conclude my talk, I'd like to give an example. As I said in the beginning of my talk, Islam believes in equality between men and women but equality doesn’t mean identically.

Suppose in a classroom 2 students, "A" and "B" secure 80% marks in the examination. When you analyze the question paper has 10 different questions each carrying 10 marks. In question 1 student "A" got 9 out of 10 and student "B" got 7 out of 10 so in question 1 student "A" was higher than student "B". In question 2 students "A" got 7 out of 10 and student "B" got 9 out of 10 therefore student "B" was higher than student "A" in question
number 2. In question number 3 both of them got 8 out of 10 and both were equal so when we add up the marks of all the ten questions both student "A" and "B" got 80 out of 100. In short, student "A" and "B" were over all equal.
In some question "A" was higher than "B" and while in some "B" was higher than "A" while in other both were equal.

In the same fashion taking the example that Allah has given man more strength. Suppose a thief enters the house. Will you ask your mother, your sister and your daughter to go and fight the thief, only because you believe in the so called women's right and the equality of both the sexes?

No, but naturally, you'll fight him. If required they may interfere and help you but under normal circumstances since Allah has given you more physical strength you have to go and tackle the thief so here in physical strength, man is one degree higher than the woman.

Let us take another example. Where it comes to giving respect to the parents the children re supposed to respect the mother 3 times more than a father. Here the women have one degree higher than the men. Over all both are equal so Islam believes in equality not identically.

Status of woman in Muslim societies

Unfortunately the women are not getting in Muslim societies what Islam requires to give them. Many of the Muslim societies did not give the women their rights and they deviated from the Qur'an and the Sunnah. The western society is largely responsible for this because under the pressure of the west many Muslim societies have become over protective, over precautionary and have gone to one extreme. On the other extreme, some of the Muslim societies upgrade with the western culture and follow their lines. I want to
tell the western society that if you analyze the women's rights in Islam according to the Qur'an and the Sunnah – you will realize modernizing and not outdated and the Muslim woman has been given much more than what western society gives her woman folk.

Lastly, I would like to thank thoise people who have helped and supported me, if there is any one who owes credit for me being here it is my beloved mother Mrs. Roshan Naik. It was because of her love, care and guidance that I am here today.

I will be doing injustice if I do not include the name of my father Dr. Abdul Karim Naik as well as my other family members, especially my brother Mohammad Naik and last but not the least my wife who has encouraged me since one and a quarter year, since we have been married and thus I have been able to strive harder in this field.

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