The Essence of Economic Policy in Importance of Islamic Economics Book 3

8/13/2019 The Essence of Economic Policy in Importance of Islamic Economics Book 3

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The Essence of Economic Policy in Importance of Islamic Economics

By Dr. Mohammad Shawqi Al-Fanjari

Contents

Foreword by Abdelhadi Boutaleb

Foreword by Dr. Salah Eddine ami!

Introduction

The Essence of Economic Policy in Islam

The Accommodation of what is Stable and what is

ot

The Accommodation of Common and Pri"ate

Interests or the #armony of Conflictin$ Interests

The Accommodation of material Interests and

Spiritual eeds or The Fear of Allah in one%s

Actions

The Importance of Islamic Economics

The Importance of Economic Studies

The &ole of Islamic Economics

Teachin$ Islamic Economics

Dedication

To those who ha"e come to reali'e

that e"ery $reat nation has a

messa$e to $i"e( and that the

$reatest nation of all is that which

carries the best of messa$es which

presents the optimum way of life.

Islam has pro"ided us with a

messa$e to share with the world. I

do not )now what we can $i"e

humanity as Arabs if we cannotshare with it the messa$e of Islam

which Allah has re!uired us to do.

To those who ha"e come to reali'e that *ihad for the sa)e of Allah is a *ihad for material

and spiritual pro$ress( for the establishment of a society of belie"ers( a society of faith and

of increasin$ production. To those who ha"e come to reali'e that the best way to happiness

and success in both worlds is to free people from fear( i$norance( po"erty. sic)ness and

in+ustice so that( in the end( we could e,ecute the will of Allah to spread lo"e amon$ peopleand peace on earth.

-n Cosmic erses in The /uran
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By Dr. Muhammad Jamaluddin El-Fandy

Contents

The /uran And Science

The /uran Differentiates Between Con"iction And Speculation

Some Principles &elatin$ To The 0ni"erse

The /uran As The Best E,ample -f Scientific E,pression

Another Set -f erses &elated To arious Phenomena In The 0ni"erse

Timin$ In The #oly /uran

Conclusion

Islam Today

by Moulana Abul 'Ala Mawdudi

Contents

Introduction

The ature of the Problem

The First Phase 1 The Ideal Period

The &eal Cause of Success

The Second Phase 1 2in$ship and its

Cultural Conse!uences

Causes of the Success of 2in$shipDisruption of 3eadership

3ac) of Proper Education

4rowth of Parochial Pride and Pre+udice

Selfishness

The Third Phase 1 Sla"ery and its Aftermath

Transfer of 3eadership

5o"ements of 3iberation

The Fourth Phase 1 After Freedom

A ew Tra$edy

The &eal Difficulty

The Present Stru$$leAbout the Future

Is Islam Practicable Today

Content

Translator%s ote
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Introduction

The 6oman as #uman Bein$

&efuted 5isconceptions

Distinctions +ustified

3e$al testimony

InheritanceBlood money

4uardianship

*udiciary and political corps

The 6oman as Feminine Bein$

3e$itimate 5i,in$ Between 5en and 6oman

Pseudo1ar$uments for unrestricted mi,in$.

Pseudo1ar$uments dispro"ed.

Effects of promiscuous mi,in$.

5oral decay

Ille$itimate children.

Drops in 5arria$e &ates.#i$h Di"orce &ates and Destruction of the Family.

Spread of 3ethal Diseases.

The 6oman as 5other.

Immortal mothers.

The 6oman as Dau$hter

The 2nowled$eable

The 6oman as 6ife

Independence of the wife

Di"orce

6hy did Islam le$islate di"orce7

3imitin$ the circle of di"orce6hen and how does di"orce ta)e place7

After di"orce

6hy is di"orce initiated by the man7

#ow can an a"erse wife di"orce her husband

The abuse of usin$ di"orce

Poly$amy

Poly$amy in olden times and in Islam

Fairness is a condition of poly$amy

Poly$amy as a moral( human system

The 6estern system of promiscuity is immoral and inhuman

The abuse of the license of poly$amy

The call of westerni'ed people to forbid poly$amy

The basis on which those who call for re+ection of poly$amy rely

81Islamic 3aw does not allow somethin$ whose e"il outwei$hs its $ood

91 The ri$ht of the person in authority to pre"ent what is allowed

The 6oman as 5ember of the Society

Those who e,a$$erate about woman%s wor) and the misconceptions concernin$ them

The reply concernin$ these misconceptions
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Books/Q_WI/misconception.htmhttp://www.witness-pioneer.org/vil/Books/Q_WI/misconception.htm#Distinctions%20justifiedhttp://www.witness-pioneer.org/vil/Books/Q_WI/misconception.htm#Legal%20testimonyhttp://www.witness-pioneer.org/vil/Books/Q_WI/misconception.htm#Inheritancehttp://www.witness-pioneer.org/vil/Books/Q_WI/misconception.htm#Blood%20moneyhttp://www.witness-pioneer.org/vil/Books/Q_WI/misconception.htm#Guardianshiphttp://www.witness-pioneer.org/vil/Books/Q_WI/misconception.htm#Judiciary%20and%20political%20corpshttp://www.witness-pioneer.org/vil/Books/Q_WI/women_feminine.htmhttp://www.witness-pioneer.org/vil/Books/Q_WI/women_men.htmhttp://www.witness-pioneer.org/vil/Books/Q_WI/women_men.htm#Pseudo-arguments%20for%20unrestricted%20mixinghttp://www.witness-pioneer.org/vil/Books/Q_WI/women_men.htm#Pseudo-arguments%20disprovedhttp://www.witness-pioneer.org/vil/Books/Q_WI/women_men.htm#Effects%20of%20promiscuous%20mixinghttp://www.witness-pioneer.org/vil/Books/Q_WI/women_men.htm#Moral%20decayhttp://www.witness-pioneer.org/vil/Books/Q_WI/women_men.htm#Illegitimate%20childrenhttp://www.witness-pioneer.org/vil/Books/Q_WI/women_men.htm#Drops%20in%20Marriage%20Rateshttp://www.witness-pioneer.org/vil/Books/Q_WI/women_men.htm#High%20Divorce%20Rates%20and%20Destruction%20of%20the%20Familyhttp://www.witness-pioneer.org/vil/Books/Q_WI/women_men.htm#Spread%20of%20Lethal%20Diseaseshttp://www.witness-pioneer.org/vil/Books/Q_WI/women_men.htm#The%20Woman%20as%20Motherhttp://www.witness-pioneer.org/vil/Books/Q_WI/women_men.htm#Immortal%20mothershttp://www.witness-pioneer.org/vil/Books/Q_WI/women_daughter.htmhttp://www.witness-pioneer.org/vil/Books/Q_WI/women_daughter.htm#The%20knowledgeablehttp://www.witness-pioneer.org/vil/Books/Q_WI/women_wife.htmhttp://www.witness-pioneer.org/vil/Books/Q_WI/women_wife.htm#Independence%20of%20the%20wifehttp://www.witness-pioneer.org/vil/Books/Q_WI/divorce.htmhttp://www.witness-pioneer.org/vil/Books/Q_WI/divorce.htm#Why%20did%20Islam%20legislate%20divorce?http://www.witness-pioneer.org/vil/Books/Q_WI/divorce.htm#Limiting%20the%20circle%20of%20divorcehttp://www.witness-pioneer.org/vil/Books/Q_WI/divorce.htm#When%20and%20how%20does%20divorce%20take%20place?http://www.witness-pioneer.org/vil/Books/Q_WI/divorce.htm#After%20divorcehttp://www.witness-pioneer.org/vil/Books/Q_WI/divorce.htm#Why%20is%20divorce%20initiated%20by%20the%20man?http://www.witness-pioneer.org/vil/Books/Q_WI/divorce.htm#How%20can%20an%20averse%20wife%20divorce%20her%20husbandhttp://www.witness-pioneer.org/vil/Books/Q_WI/divorce.htm#The%20abuse%20of%20using%20divorcehttp://www.witness-pioneer.org/vil/Books/Q_WI/polygamy.htmhttp://www.witness-pioneer.org/vil/Books/Q_WI/polygamy.htm#Polygamy%20in%20olden%20times%20and%20in%20Islamhttp://www.witness-pioneer.org/vil/Books/Q_WI/polygamy.htm#Fairness%20is%20a%20condition%20of%20polygamyhttp://www.witness-pioneer.org/vil/Books/Q_WI/polygamy.htm#Polygamy%20as%20a%20moral,%20human%20systemhttp://www.witness-pioneer.org/vil/Books/Q_WI/polygamy.htm#The%20Western%20system%20of%20promiscuity%20is%20immoral%20and%20inhumanhttp://www.witness-pioneer.org/vil/Books/Q_WI/polygamy.htm#The%20abuse%20of%20the%20license%20of%20polygamyhttp://www.witness-pioneer.org/vil/Books/Q_WI/polygamy.htm#The%20call%20of%20westernized%20people%20to%20forbid%20polygamyhttp://www.witness-pioneer.org/vil/Books/Q_WI/polygamy.htm#The%20basis%20on%20which%20those%20who%20call%20for%20rejection%20of%20polygamy%20relyhttp://www.witness-pioneer.org/vil/Books/Q_WI/polygamy.htm#1-Islamic%20Law%20does%20not%20allow%20something%20whose%20evil%20outweighs%20its%20goodhttp://www.witness-pioneer.org/vil/Books/Q_WI/polygamy.htm#2-%20The%20right%20of%20the%20person%20in%20authority%20to%20prevent%20what%20is%20allowedhttp://www.witness-pioneer.org/vil/Books/Q_WI/women_society.htmhttp://www.witness-pioneer.org/vil/Books/Q_WI/women_society.htm#Those%20who%20exaggerate%20about%20woman's%20work%20and%20the%20misconceptions%20concerning%20themhttp://www.witness-pioneer.org/vil/Books/Q_WI/women_society.htm#The%20reply%20concerning%20these%20misconceptions


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The harmful effect when a woman is in"ol"ed in men%s wor) without restrictions or

limits

6hen is a woman allowed to wor)7

Translator%s ote

6e realise the importance of this boo) in dispellin$ some of the misconceptions of Islam(

and in spreadin$ a reli$ion on Earth which can sol"e or allay the ad"ersities which abound.

6ith boo)s such as The Status of 6omen in Islam( it is hoped the reco$nition of Islam as a

mercy to man)ind becomes apparent.

The Status of 6omen in Islam is hoped to be one of many to be put forth on this sub+ect of

the continual disco"ery of women( their abilities( and the solace they pro"ide. The case of

woman and their special place in the order of Allah has been undermined throu$hout the

world and I mi$ht add( history. The pli$ht of the fairer se, in the 6est( where widespreade,ploitation e,ists( in the East( where their "alue is distortedly depreciated and sadly( I

must admit in the Arab world where people do not follow their reli$ion( is indeed tra$ic.

6omen are the underpinnin$s of future $enerations and must be treated as such.

Islam( the mercy of Allah( is for all of man)ind and ma)es no preference to se,. 5en and

women ha"e a callin$ and a place in nature. either has a $reater "alue( nor is one of

$reater importance. Both are sub+ect to Di"ine &etribution which is e!ual for the capacity

of each. The /uran e,pounds upon this in multiple "erses and e,ists as an illuminatin$

miracle for those who reflect.

I hope there is no confusion with my use the terms of 4od( 6ho is Allah( The -ne( TheAlmi$hty( The E"erlastin$( The Pro"ider and the other ninety1nine names of Allah which

should be ceaselessly reflected upon for inspiration and $uidance.

I especially wish to than) Dr. 5ohammed Tolba( Dr. Elham Fathy( Alicia Daniel( and

Afiwine 5ischler for their in"aluable assistance in the preparation of this boo).

Shei)h 5ohammed 4emeaah

Introduction

In the name of Allah( 5ost 4racious( 5ost 5erciful( praise be to Allah( blessin$s and

$reetin$s be on #is 5essen$er and his family( his Companions and whoe"er flows his

$uidance. It is common tal) that women constitute half the society and that the society

should not ne$lect them( lea"e them idle( maltreat them nor dissol"e their ri$hts.
http://www.witness-pioneer.org/vil/Books/Q_WI/women_society.htm#The%20harmful%20effect%20when%20a%20woman%20is%20involved%20in%20men's%20work%20without%20restrictions%20or%20limitshttp://www.witness-pioneer.org/vil/Books/Q_WI/women_society.htm#The%20harmful%20effect%20when%20a%20woman%20is%20involved%20in%20men's%20work%20without%20restrictions%20or%20limitshttp://www.witness-pioneer.org/vil/Books/Q_WI/women_society.htm#When%20is%20a%20woman%20allowed%20to%20work?http://www.witness-pioneer.org/vil/Books/Q_WI/women_society.htm#The%20harmful%20effect%20when%20a%20woman%20is%20involved%20in%20men's%20work%20without%20restrictions%20or%20limitshttp://www.witness-pioneer.org/vil/Books/Q_WI/women_society.htm#The%20harmful%20effect%20when%20a%20woman%20is%20involved%20in%20men's%20work%20without%20restrictions%20or%20limitshttp://www.witness-pioneer.org/vil/Books/Q_WI/women_society.htm#When%20is%20a%20woman%20allowed%20to%20work?


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This is all true. It may as well be ar$ued that althou$h women constitute half of the

population( their influence e,ceeds their number( since women( for $ood or ill( influence

their husbands and children. The poet #afi' Ibrahim struc) this note when he described

the woman as a whole school( the sound mana$ement of which leads to the production of a

noble society.

For these reasons scientists( thin)ers( leaders( reformers( preachers and educators ha"e all

shown interest in the case of the woman. They ha"e called for doin$ her +ustice( treatin$

her with respect and for the abolition of forms of unfairness and repression towards her so

that she can ha"e her ri$htful access to learnin$( wor)( responsibility and choice in

marria$e. Some did not find this enou$h: they wanted to $i"e her the ri$ht of se,ual

permissi"eness( homose,uality( unrestricted abortion( rebellion a$ainst the family( and

disre$ard of "alues of reli$ion and society.

These were some of the aims the International Conference on 6omen in Pe)in$ 8;; and Contemporary 3e$al -pinions =Fataawa 5userah>( the reader may find in

these pa$es a li$ht that $uides the way to )nowled$e of the correct opinions on this critical

issue( between harsh austerity and e,cessi"e indul$ence. ?And my $uidance cannot come

e,cept from Allah( and in #im I ha"e put my trust and unto #im I repent.%% @Surah 88

The 6oman as #uman Bein$

Islam was re"ealed at a time when a lot of people denied the humanity of the woman: some

were sceptical about it: and still others admitted it( yet considered the woman a thin$

created for the humble ser"ice of the man.


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6ith the ad"ent of Islam( circumstances impro"ed for the woman. The woman%s di$nity

and humanity were restored. Islam confirmed her capacity to carry out Allah%s commands(

her responsibilities and obser"ation of the commands that lead to hea"en. Islam considered

the woman as a worthy human bein$( with a share in humanity e!ual to that of the man.

Both are two branches of a sin$le tree and two children from the same father( Adam( and

mother( E"e. Their sin$le ori$in( their $eneral human traits( their responsibility for theobser"ation of reli$ious duties with the conse!uent reward or punishment( and the unity of

their destiny all bear witness to their e!uality from the Islamic point of "iew.

Establishin$ this fact( the oble /ur%an says? - man)ind Be dutiful to your 3ord( 6ho

created you from a sin$le person =Adam> and from him =Adam> #e created his wife =E"e>(

and from them both #e created many men and women and fear Allah throu$h 6hom you

demand your mutual =ri$hts>( and =do not cut the relations of>the wombs =)inship>. Surely(

Allah is E"er an All16atcher o"er you. ?@ Surah 8That people all people men and

women( were created by their 3ord from a sin$le person or self( that this self is a nucleus

from which Allah created an inte$ral counterpart that completes this ori$inal self and is

completed by it( is stated in another "erse? It is #e 6ho has created you from a sin$leperson =Adam>( and =then>#e has created from him his wife =E"e>( in order that he mi$ht

en+oy the pleasure of li"in$ with her.? @ Surah 8;E"entually Allah( out of this nuclear

pair( scattered the multitudes of men and women( all worshippers of a sin$le 4od and

children of the same parents implyin$ they are united in a fraternity( embracin$ men and

women ali)e. Because of this fact( the "erse commands people to fear Allah as their 3ord

and be heedful of the duties that the wombs( as symbolic of this bond( impose.

The man on this account is a brother to the woman and the woman is the other half of the

pair. The 5essen$er =blessin$s and peace be upon him> says( ?6omen are the sisters of

men.? @ Transmitted on the authority of Aisha by Ahmad =GH9: Abu Dawud =9G>: Al1

Termithy =88>: Al1Doram=8H8; and others.The /ur%an( on its part( treats this issue offraternal e!uality from more than one perspecti"e. -n the purely reli$ious le"el for

instance( the /ur%an says?erily( the 5uslims =those who submit to Allah in Islam>men

and women( the belie"ers men and women =who belie"e in Islamic 5onotheism>( the men

and the women who are obedient =to Allah>( the men and women who are truthful =in their

speech and deeds>( the men and the women who are patient =in performin$ all the duties

which Allah has ordered and in abstainin$ from all that Allah has forbidden>( the men and

the women who are humble =before their 3ord 1Allah>( the men and the women who $i"e

Sada!at( =i.e. Ja)at( and alms( etc.>( the men and the women who fast=the obli$atory

fastin$ durin$ the month of &amadan and the optional awafil fastin$>( the men and

women who $uard their chastity =from ille$al se,ual acts>and the men and women who

remember Allah muchwith their hearts and ton$ues=while sittin$( standin$( lyin$( etc. for

more than KK times e,tra o"er the remembrance of Alla) durin$ the fi"e compulsory

con$re$ational prayers or prayin$ e,tra additional awafil prayers of ni$ht in the last part

of ni$ht etc.> Allah has prepared for them for$i"eness and a $reat reward=i.e. Paradise>.

@ Surah


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protectors> of one another( they en+oin =on the people>Al15aLruf=i.e. Islamic 5onotheism

and all that Islam orders one to do>:and forbid=people> from Al15un)ar =i.e. polytheism

and disbelief of all )inds( and all that Islam has forbidden>:they offer their prayers

perfectly=l!amat1as1Salat>(and $i"e the Ja)at and obey Allah and #is 5essen$er. Allah

will ha"e mercy on them. @ Surah ;8

In Adam%s story( Di"ine -rders were made to him and his wife( both and e!ually ?-

Adam Dwell you and your wife in the Paradise and eat both of you freely with pleasure

and deli$ht of thin$s therein as where"er you will( but come not near this tree or you both

will be of the Jalim%n =wron$doers>. @ Surah 9( ?e"er will I allow to be lost the wor) of any of you( be

he male or female.? @ Surah 8; "erily( to him 6e will

$i"e a $ood life=in this world with respect( contentment and lawful pro"ision>( and 6e

shall pay them certainly a reward in proportion to the best of what they used to do=i.e.

Paradise in the #ereafter>. @ Surah 8G;

6hen it comes to financial matters( the rule of Islam abolished the con"entions pre"alent

amon$ many nations which depri"ed the woman of the ri$ht of ownership( inheritance( and

those which created obstacles a$ainst her e,ercise of free and full control of her holdin$s.

As a rule( Islam ac)nowled$es the woman%s ri$hts to all )inds of ownership( spendin$ and

channellin$ of her money. It $i"es her the ri$hts of inheritance( sellin$( buyin$( rentin$(


8/63

donatin$( lendin$( allocatin$ property for reli$ious and charitable purposes( $i"in$ alms(

le$al transfer and mort$a$e( as well as many other forms of contracts and actions.

The woman%s ri$ht to see) education or learnin$ is basic and is also $uaranteed by Islamic

teachin$s. Islam actualIy ma)es it incumbent on the woman to see) )nowled$e: the

Prophet =blessin$s and peace be upon him> says( Lsee)in$ )nowled$e is incumbent on e"ery5uslim(? where ?e"ery 5uslim? ob"iously in"ol"es men and women on an e!ual footin$

as a rule formalised by all authorities of +urisprudence .

The woman is also re!uired to perform reli$ious ordinances and forms of worship the way

the man is. Prayin$( fastin$( Ja)at =the alms sanctifyin$ ta,>( pil$rima$e and all the other

fundamental practices in Islam are re!uired of 5uslims in their capacity( both men and

women( as responsible humans. A$ain the woman%s actions are recompensed by Allah the

way the man%s actions are.

The woman is not e,cluded from the area of social acti"ity: Allah says ? The belie"ers(

men and women( are ?Awliy(? =helpers( supporters( friends( protectors>of one another(they en+oin =on the people> Al15aLruf =i.e. Islamic 5onotheism and all that Islam orders

one to do>:and forbid=people> from Al15un)ar =i.e. polytheism and disbelief of all )inds(

and all that Islam has forbidden>. @ Surah ;8For instance( she can $i"e refu$e for those

who see) it. If she hosts a refu$ee( her action is to be respected and obser"ed. This rule

relates bac) to 0m #anibint Abi Talib%s $i"in$ relief to a father in1law on the day of the

Con!uest of 5ecca by 5uslims. 6hen her brother wanted to )ill him because he was an

infidel( she complained to Allah%s 5essen$er =blessin$s and peace be upon him> sayin$(

?Allah%s 5essen$er( my mother%s son insists on )illin$ my refu$ee( Ibn #ubayra.?The

Prophet =blessin$s and peace be upon him> replied( ?6e confer asylum on him that you

$i"e refu$e to( 0m #ani?. @ 5utafa! aley =a$reed upon> on the authority of 0m #ani( The

Pearl and the Coral =Al13u%lu% wal15ar+an> =8;>

&efuted 5isconceptions

Distinctions +ustified

Some people harbour certain doubts and raise !uestions about Islam%s stance on the

woman%s status as a human bein$. #ere we tac)le the more important points of uncertainty

or e"en scepticism.

-ne of these !uestions is why( if Islam really re$ards the woman%s humanity on an e!ual

basis with that of the man( does it $i"e the man pri"ile$e o"er the female in some dealin$s

such as le$al testimony( inheritance( blood money( char$e of the family( headin$ the state

and other supportin$ ministrations7

The distinction =if it can e"er be called one> between the man and the woman is not due to

any preference by Allah( The Almi$hty( of the man or the woman on any account of bein$


9/63

nobler or closer to the 3ord. As a rule( it is piety and only piety that is the measure of

ascendancy( nobility and closeness to Allah ? erily( the most honour able of you in the

Si$ht of Allah is that =belie"er>who has At1Ta!wa @i.e. one of the 5utta! %n i.e. pious and

ri$hteous persons who fear Allah much=abstain from all )inds of sins and e"il deeds which

#e has forbidden>( and lo"e Allah much =perform all )inds of $ood deeds which #e has

ordained>?. @Surah ;8The distinctions( howe"er( are merely conditioned by thedifferent tas)s assi$ned to each of the two se,es by "irtue of their natural disposition.

3e$al testimony

The /ur%anic "erse )nown as ?the indebtedness "erse? in which Allah prescribes writin$

debt contracts as a precautionary measure is?And $et two witnesses out of your own men.

And if there are not two men =a"ailable>( then a man and two women( such as you a$ree for

witnesses( so that if one of them =two women>errs( tile other can remind her. And the

witnesses should not refuse whethey are called on=for e"idence>. @ Surah 999Thus( the

/ur%an ma)es the testimony of oman e!ual to the testimony of two women. 5oreo"er( thema+ority of +urisprudents establish that a woman%s testimony does not count in ma+or

crimes and in matters which do not relate to the rule of retaliation in )ind.

Met the distinction is far from bein$ due to any belief in a deficiency of the woman%s

humanity and inte$rity. It is rather due to her natural disposition and her special

inclinations which may e,clude her in"ol"ement in such matters while bein$ focused on

motherhood or the household. #ence( there is "ery li)ely to be a )ind of characteristic

inattention on her part when it comes to handlin$ these matters. For this reason( Allah

commands creditors if they want to "erify the "alue of debt to see) the testimony of two

men or one man and two women. The /ur%an puts it unambi$uously ? so that if one of

them =two women> errs( the other can remind her. @ Surah 999

The e,clusion of woman%s testimony( alto$ether( from cases of ma+or crimes( and cases

re!uirin$ retaliation in )ind( is meant to protect women and distance them from sites of

crime and a$$ressions a$ainst souls( honour and property. It is not infre!uent( for instance(

to see a woman closin$ her eyes( or runnin$ away in panic from a scene of bloodshed:

therefore ( it becomes difficult for that woman to $i"e a reliable account of the crime.

e"ertheless( this has also meant for the +urisprudents that a woman%s testimony counts in

cases of feminine affairs such as foster relationships( menstruation( deli"ery and such

matters whose )nowled$e was confined to women in past a$es and probably still is. Met(

Ata%a1tabiei =literally a follower a companion of one of the Prophet%s Companions>

establishes that a woman%s testimony on such matters does count. In addition( other

+urisprudents accept a woman%s testimony in crimes that ta)e place in female $atherin$s

that are not usually fre!uented by men( li)e women @ Surah 999oriental pools( weddin$

parties attended solely by women. and other such $atherin$s. The !uestion( howe"er( is if

one woman )ills( wounds or maims another and the only witness is a woman( should her

testimony be ruled out because it is merely $i"en by a woman or should men $i"e testimony

of somethin$ they did not witness7 It is more in the nature of thin$s to accept a woman%s


10/63

testimony in this case so lon$ as she is reputed to be honest( accurate and mindful.

Commentin$ on the "erse? And if there are not two men =a"ailable>( then a man and two

women?the former Shei)h of Al1A'har 5ahmud Shaltut says The "erse does not address

the !uestion of the status of the testimony. It rather addresses the methods of "erification

and establishment of confidence about the indi"idual%s ri$hts at the moment of transaction.

The "erse actually be$ins ?- you who belie"e 6hen you contract a debt for a fi,edperiod( write it down. 3et a scribe write it down in +ustice between you. 3et not the scribe

refuse to write as Allah has tau$ht him(? until it reaches ? And $et two witnesses out of

your own men. And if there are not two men =a"ailable>( then a man and two woman( so

that if one of them =two women>errs( the other can remind her. @ Surah 999Therefore

the situation is one of "erification and documentation of ri$hts and not one of +ud$ement.

Thus the "erse points to the best ways of documentation and "erification by which partners

in a deal can ha"e ma,imum security. This therefore does not mean that a sin$le woman%s(

or a $roup of woman%s testimony without a man%s does not count in establishin$ ri$hts nor

is to be ta)en by a +ud$e since the ma,imum re!uired in +urisdiction is ?e"idence?.

Alon$ this line of thin)in$( +urisprudent Ibn Al1/ayyim establishes that ?e"idence? inIslamic 3aw is more comprehensi"e than testimony: confirmin$ ?e"idence? is the factor in

establishin$ ri$hts( what ma)es it ?e"ident? and conse!uently what is to be considered by

the +ud$e.

The +ud$e pronounces his "erdict on the basis of decisi"e e"idence( e"en if it were a non1

5uslim%s testimony as lon$ as he feels it worthy of his trust.

This leads Shei)h Shaltut to the conclusion that when two woman%s testimonies are counted

as one man%s testimony( it is not because of some wea)ness or flaw in her mentality which

would in"ol"e( in turn( a defect in woman%s humanity.

The "erse( howe"er( was so worded as to address the norms of that time( which are still

"ery much the same for the ma+ority of women. They do not attend debt re$istration

sessions or transactions. The fact that some women ta)e part in such acti"ities does not

alter the basic facts of life that the woman%s natural disposition in life such as procreation.

Met a$ain( the "erse ser"es as $uidance on ma,imum "erification. In some places( the

tendency is for a woman to ma)e transactions and witness the writin$ of debts: it is the

people%s ri$ht to accept a woman%s testimony as they accept that of a man as lon$ as they do

this with e!ual confidence in both se,es? memories.

Still( Shei)h Shaltut does not stop here: he $oes on to consider a case in which the word of

men and women wei$h e!ually There is a stron$er proof for e!uality in the /ur%an%s

statement that the woman is +ust li)e the man in the type of testimony )nown as the oath of

condemnation @ An oath in which either the husband or the wife accuses his or her partner

of adultery and the only witness is one of them. =Translator%s note.>?And as for those who

accuse their wi"es but ha"e no witnesses e,cept themsel"es( let the testimony of one of them

be four testimonies =i.e. testifies four times>by Allah that he be one of those who spea) the

truth. And the fifth =testimony> =should be> in"o)in$ the Curse of Allah on him if he be one

of those who tell a lie =a$ainst her>. But it shall a"ert the punishment =of stonin$ to death>


11/63

from her( if she bears witness four times by Allah( that he =her husband>is tellin$ a lie. And

the fifth =testimony>should be that the 6rath of Allah be upon her if =her husband> spea)s

the truth?. @ Surah 9G1 ;That is( four repetitions of the oath or testimony by the man

concluded by an in"ocation of his damnation by Allah if he is lyin$( countered by and

in"alidated by four repetitions of the woman%s counter statement( also followed by an

in"ocation of Allah%s wrath upon her if she is lyin$. @ Islamic Beliefs and Code of 3aws(Shei)h Shalt( p.888 1 889

Inheritance

The difference between the man and the woman in their respecti"e shares in inheritance

established by Allah%s statement ? Allah commands you as re$ards your children%s

=inheritance>: to the male( a portion e!ual to that of two females. @ Surah 88( is clearly

due to the difference in the duties and costs that each has to cope with by "irtue of the

Islamic teachin$s =shar%a>?.

For e,ample( if a man dies lea"in$ a son and a dau$hter( the son $ets married and pays the

obli$atory bridal money =dower> to the bride and as soon as they li"e to$ether( he has to

pro"ide and pay for their li"in$ e,penses. -n the other hand( when his sister $ets married(

she recei"es the bridal money from her bride$room and when they li"e to$ether( the

husband pro"ides for her without her payin$ a sin$le penny( e"en if she is amon$ the

richest of people. Poor or rich( her li"in$ costs are estimated in proportion to her husband%s

financial ability. The /ur%an puts it thus? 3et the rich man spend accordin$ to his

means?. @ Surah G and under certain conditions.

For her part( thou$h( the woman is not commanded by the shar%a to furnish aid unless she

chooses to do so out of $ood manners and morals.

or is the distinction in any sense absolute. Sometimes the woman%s share in theinheritance is e!ual to that of the man%s. For instance( when the two parents inherit from

their children: the /ur%an rules that For parents( a si,th share of inheritance to each if the

deceased left children. @ Surah 88The reason in this case is that the parent%s needs are

often similar. If siblin$s inherit from a brother who has neither parents nor children( the

/ur%an establishes that ? If the man or woman whose inheritance is in !uestion has left

neither ascendants nor descendants( but has left a brother or a sister( each one of them $ets

a si,th: but if more than two( they share in a third?.@ Surah 89Thereby( the sister by


12/63

the mother $ets a si,th( which is the same as the brother by the same mother. If there are

more than two siblin$s( they inherit a third to be distributed e!ually amon$ them. All this

is to say that e!uality of inheritance e,ists in many cases( and they are well1)nown to

+urisprudents and e,perts in these matters.

5ore conclusi"ely( there are cases in which the woman $ets a bi$$er share than the man.For instance( if a woman dies lea"in$ a husband( mother and two brothers and one sister

by her mother( the sister alone $ets a si,th: whereas only one si,th is $i"en to the two

brothers. Also if a woman dies lea"in$ a husband( a full sister and a brother by her father(

the husband $ets half the inheritance and the sister the other half( whereas the half1brother

$ets nothin$ bein$ merely an a$nate. But if the half siblin$ is a sister and not a brother( she

$ets a si,th( as sustenance.

-ne more case where the woman $ets more than the man follows Ibn ?Abbas%s

interpretation of the "erse ? If no children( and the parents are the =only>heirs( the

mother has a third?.@ Surah 88

This is means for Ibn Abbas that if a woman dies lea"in$ a husband and her two parents(

the husband recei"es a half( the mother a third and the father a si,th. Ibn #a'm relates this

statement to Ibn ?Abbas "ia Abdul1&a'i!( and to Ali ibn Abi Talib "ia of Abi ?0wana and

to 5u%adh ibn *abal who were Companions of the Prophet =blessin$s and peace be upon

him>( )nown also as e,perts on such matters. Ibn #a'im relates it also to Shuraih and to

Dawud Al1Jahiry( amon$ the +urisprudents( and he !uotes the companion Ibn 5as%ud%s

a,iom on the matter ?Allah would not li)e to see me prefer a father to a mother.? -ther

authorities who concurred are Companions such as L0mar( L0thman( and Jaid ibn Thabit.

From their followers( there are Al1#asan( Ibn Sirin and Al1a)h%i. Amon$ the

+urisprudents( there are Abu #anifa( 5ali) and Al1Shafi( may Allah be pleased with themall.

Blood money

There is not a sin$le well1authenticated statement by the Prophet =blessin$s and peace be

upon him>( nor any consensus of reli$ious authorities =I+m(%> to establish that the blood

money paid for the )illin$ of a woman is half the sum paid for the )illin$ of a man. There

are two #adiths =prophetic traditions>( neither perfectly authenticated( that address the

!uestion. The best one on terms of authentication is that narrated Al1isa?i and Al1Dara!atny( which still suffers a time $ap in the chain of transmitters up to the Prophet

=blessin$s and peace be upon him>. Statements related to the Companions suffer in the

same manner. 6hat remains then is the only well1authenticated tradition on the sub+ect

?for a soul( a hundred camels.?

The $eneral a$reement of authorities that ma)e the "alue of the blood money paid for the

)illin$ of a woman half that for the )illin$ of a man falls short of a consensus. Ibn L0Iayya


13/63

and Al1Asam( two scholars from the hi$h order of +urisprudents =fu!uh(? as1salaf> ma)e

the "alue of the blood money the same for both men and women. This opinion is in

a$reement with the $enerality of reference to ?belie"er? and Lsoul? in the /ur%an and the

#adith. If we opt for this opinion today( we are not to blame since( in addition to the

pre"ious reason( the le$al opinion =fatwa> could chan$e with the a$e and en"ironment but

the new le$al opinion is not in conflict with the rele"ant te,tual statements nor with the$eneral ob+ecti"es of Islamic Teachin$s. 0nder the subtitle of ?Blood 5oney( the Same for

5en and 6omen(? Shei)h Shaltut writes

6oman%s humanity stemmin$ from the same ori$in as that of the man( her blood is the

same as his( he bein$ from her and she from him and e!ual retaliation in )ind bein$ the

rule common to both cases of homicide and hell and damnation bein$ the other wordly

punishment for the )illin$ of either man or woman( so the rule of the "erse applies to the

accidental homicide of either a man or a woman.

4i"en that our primary frame of reference is the /ur%an( we find that its statement is

$eneral and does not pri"ile$e the man with any special status ?and whosoe"er )ills abelie"er by mista)e =it is ordained that>he must set free a belie"in$ sla"e and a

compensation =blood1money i.e. Diya> be $i"en to the deceased%s family?. @Surah ;9

It is true that the scholars ha"e differed o"er the amount of blood money( whether it is the

same or double in the man%s case. Al1&a'i tells us in his At1Tafsr Al12abr that the ma+ority

of +urisprudents double the sum in cases of male homicide. #e adds that Al1Asam and Ibn

L0layya ma)e the sum paid the same. The ma+ority cite the rulin$ of the Companions LAli(

L0mar and Ibn 5as%ud rulin$ on this matter( as well as the rules of inheritance and le$al

testimony in which the woman%s inheritance and testimony e!uals only half those of the

man. Al1Asam( howe"er( cites the "erse and whosoe"er )ills a belie"er by mista)e @Surah

;9All a$ree this "erse addresses both men and women( therefore the rulin$ on the sumpaid is the same.

4uardianship

Allah assi$ns $uardianship to the man by "irtue of the /ur%anic "erse? 5en are the

protectors and maintainers of women( because Allah has made the one of them to e,cel the

other and because they spend =to support them>from their means?. @ Surah

There are two reasons for this( one has to do with a natural !uality and the other relates tosomethin$ ac!uired. First( Allah has pro"ided the man with a !uality of $reater stren$th

whereas he has e!uipped the woman with a li$hter and usually more delicate physi!ue.

Secondly( Allah has dele$ated the man to be the family pro"ider. If the family collapses( he

must bear the brunt of the collapse. This responsibility naturally entails deference and

support.


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*udiciary and political corps

Abu #anfa establishes that women are not forbidden from occupyin$ positions in the

+udiciary system in matters that are of their sphere of testimony( that is in non1criminal

affairs. At1Tabari and Ibn #a'im( on the other hand( establish the authority of their

+ud$ement of criminal cases( as well as financial and other cases. Met( that this is notprohibited does not $i"e it the status of incumbency or necessity. It is a possibility that can

be ad+usted accordin$ to different circumstances and interests the interest of the family(

the interest of the community and( abo"e all( the interest of Islam. Thus( the possibility may

lead to a situation where some distin$uished women at a certain point of their a$e are

chosen for +ud$eship in certain matters and under certain circumstances.

-n the other hand( her ineli$ibility under the Islamic teachin$ =shar%a> to hold the

caliphate or head the state is owin$ to the $reat burdens of such a hu$e responsibility

which in most cases outwei$h the capacity of the woman =and the man> and conflicts with

the natural disposition of the woman as mother. This does not e,haust all possibilities since

we are aware that some women could be e"en more capable than some men. -ne suche,ample is the /ueen of Sheba whose story is told by Allah in the /ur%an. She led her

nation to happiness and well1bein$ in this and the other life and submitted herself with

Prophet Solomon to Allah( Controller of the 6orlds. e"ertheless( rules are not formed on

the basis of rare occurrence but on the fre!uency of it. Thus the scholars establish that

$enerally ?the rare does not constitute a rule.? But for the woman to be a mana$er( dean(

director( member of parliament( minister( etc.( is all "ery well so lon$ as it wei$hs the

interests. All these !uestions are dealt with in detail in my boo) Contemporary 3e$al

-pinions =Fatawa 5u%aserah>.

The 6oman as Feminine Bein$

Islam has always appreciated the femininity of the woman and re$arded her as playin$ a

role inte$ral to that of the man( and similarly re$arded the man as playin$ a role inte$ral to

that of the woman. either is a foe( ad"ersary or a competitor to the other. &ather( each is

a help to the other in attainin$ the relati"e perfection of his or her person and each%s whole

se,.

Allah%s orderin$ of the uni"erse ma)es binary e,istence one of its characteristics. This

principle is manifested in the presence of male and female in the animate world of man(

beast and plant( and the presence of ne$ati"e and positi"e in the inanimate world with itsphenomena of ma$netism( electricity and others. E"en in the atom( there are positi"e and

ne$ati"e char$es( that is( the proton and the electron. The /ur%an( re"ealed fourteen

hundred years a$o( ma)es an e,plicit reference to the fact ?And of e"erythin$ 6e ha"e

created pairs( that you may remember?. @Surah


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soul( Adam( #e also created from it its counterpart( E"e( so that he would settle and find

peace with her. The Almi$hty did not lea"e Adam alone( not e"en =self sufficient enou$h> in

#ea"en. Allah%s discourse( whether in the form of prohibition or command( was addressed

to both of them?Dwell you and your wife in the Paradise and both of you freely with

pleasure and deli$ht of thin$s therein as where"er you will( but come not near this tree or

you both will be of the Jalimun =wron$doers>?. @Surah 9are

prohibited for the men of my nation and allowed for its women?. @Transmitted by Ibn

5a+ah on the authority of Ali = says ?Allah condemns the man who dresses li)e a woman and the


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woman who dresses li)e a man?. @ Transmitted by Abu #uraira( Abu Dawud =K;>: and

Ahmad 9H9: and others.For men to beha"e li)e women and

women to beha"e li)e men is e!ually condemned by Al)ib. A$ain the Prophet =blessin$s

and peace be upon him> says(?Three =)inds of people>do not enter Paradise and do not

en+oy Allah%s $a'e upon them on *ud$ement Day a son who is disobedient to his parents( a

mannish woman and an adulterer. @ Transmitted by Ahmad lbn 0mar and appro"ed byShei)h Sha)er as Sahih =8GK>: and Al1isa%i ?. @Surah 98

Preser"e a decent( unre"ealin$ manner of dress and ornamentation( all without bein$

oppressi"e towards her. ?and not to show off their adornment e,cept that which is

apparent and to draw their "eils all o"er *uyubihinna=we. their bodies( faces( nec)s( andbosoms( etc.> ? @ Surah 98The "isible or apparent ornament that the "erse refers to has

been interpreted to be inclusi"e of )ohl( the fin$er rin$( the face( the two hands and( some

e,e$etes and +urisprudents establish( the two feet. @ At the time of the Prophet =blessin$s

and peace be upon him>. it was customary for some women to co"er their face. The

fle,ibility of Islam allows the woman the option of co"erin$ her face or not. =editor%s note>

Co"er the other attractions that do not show( such as the hair( nec) and throat( arms and

le$s( from all people e,cept her husband( and her consan$uineous( non1marria$eable

relations or mahrim @ Those persons whom the woman is forbidden to marry because of

the pro,imity of the relation. =editor%s note>=brothers( uncles etc.> whom she finds it hard

to hide these afrom. ?and not to re"eal heir adornment e,cept to their husbands( fathers(

their husbandLs fathers( their sons( their husband%s sons( their brothers or their brother%s

sons( or their sister%s sons or their=5uslim>women =i.e. their sisters in Islam>( or the

=female> sla"es whom their ri$ht hands possess( or old male ser"ants who lac) "i$our( or

small children who ha"e no sense of the shame of se,?. @Surah 98

5aintain staidness in $ait and speech.?And let them not stamp their feet so as to re"eal

what they hide of their adornment?.@Surah 98and? if you )eep your duty =to Allah>(


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then be not soft in speech( lest he in whose heart is a disease=of hypocrisy or e"il desire

for adultery( etc.>should be mo"ed with desire( but spea) in an honourable manner.

@Surah 9

Therefore she is not =as some wron$ly understand> forbidden to spea): nor is her "oice a

shameful thin$ to show. -n the contrary. She is commanded in the /uran to spea) in $oodfaith.

Be abo"e all acts meant to e,cite and tempt men in a way reminiscent of the showiness of

Pre1/ur%anic i$norance or *ahiliyya. or in the manner of modern +ahiliyya. This

showiness contradicts the conduct of a decent woman.

A"oid bein$ in seclusion with a man who is neither a husband nor a non1marria$eable

relation( so as to )eep a barrier between herself or the other man and all thou$hts of sin(

and between her $ood name and false rumours. The Prophet =blessin$s and peace be

upon him> says( ?o man should be in seclusion with a woman and no woman should

tra"el e,cept with a non1marria$eable relation(?or her husband of course.

A"oid male $atherin$s e,cept on the $rounds of necessity or an appreciable interest andonly to the necessity or limit. Attendin$ the con$re$ational prayers in the mos!ue(

see)in$ learnin$( co1operation in charity and promotion of piety are fields in which a

woman%s presence with men is accepted so that she will not be depri"ed of her ri$ht to

participate in ser"in$ her community( and only on condition that she obser"es the limits

of the Islamic code on social life.

6ith these directions and re$ulations( Islam pro"ides safety for the woman and her

femininity from impious ton$ues: it preser"es her decency and chastity by distancin$ her

from all factors of de"iation. Islam $uards her honour a$ainst the slurs of slanderers and

spreaders of calumny. Abo"e all( it protects her soul and calms her ner"es a$ainst the

tension( instability and trepidation that sprin$ from wild ima$inations or obsessed heartorn between the factors of a$itation and e,citement. At the same time( islam protects the

man from an,iety and aberration( the family from disinte$ration( and the society from

collapse and decay.

3e$itimate 5i,in$ Between 5en and 6omen

Some words which ha"e e,isted in the lan$ua$e for a lon$ time ha"e ac!uired new

si$nificance and e"en wei$ht. Amon$ these is the term ?mi,in$ =or min$lin$>?( which refers

to mi,in$ of men and women in one place. Durin$ the A$e of the Prophet =blessin$s andpeace he upon him>( the A$e of the Companions which succeeded it( and the a$e of their

followers( 5uslim men and women met at different $atherin$s( reli$ious or otherwise( and

this was not forbidden at all. 0nder the ri$ht circumstances and for $ood reasons( it was

le$itimate and natural for them to meet. or was it called ?mi,in$? then.

In our a$e( howe"er( the word has become "ery common. or do I )now when it came into

use with the new connotations unsa"oury for 5uslim men and women( since mi,in$ one


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thin$ with another su$$ests a dissolution( the way su$ar or salt is dissol"ed in water( a

metaphor that would ha"e unpleasant su$$estions if applied to male1female relations.

Anyway( the purpose is to point out that not e"ery )ind of socialisation is prohibited as

some may ima$ine and as other hard1liners ar$ue. -n the other hand( not all forms of

mi,in$ are acceptable as propa$ators of 6esterni'ation claim.

In the second "olume of my boo) Contemporary 3e$al -pinions =Fataawa 5u%aserah>( I

answer !uestions on this and se"eral other related matters such as $reetin$ women(

handsha)in$( treatment of women by male doctors and the re"erse( in addition to other

!uestions. A careful 5uslim should refer to these le$al opinions if he or she wants to learn

about the rules of the Islamic teachin$s =shar%a>. #ere( ne"ertheless( I would li)e to ma)e

the point that it is our duty to adhere to the best $uidance which is that of the Prophet

5ohammed =blessin$s and peace be upon him>( his ri$hteous successors and enli$htened

Companions whose pious paths he recommends stic)in$ to( a"oidin$ the two e,treme

routes of 6estern permissi"eness and se"ere Eastern asceticism.

By e,aminin$ this $uidance of the Prophet =blessin$s and peace be upon him>( we find thatthe woman was not ca$ed or isolated as happened later durin$ the a$e of 5uslim

abatement. The women attended the ma+or con$re$ational prayers on Fridays at the

Prophet%s mos!ue( includin$ the ni$ht =Al1Esha> and dawn =Al1Fa+r> prayers. The Prophet

=blessin$s and peace be upon him> would direct them to form rows behind the men rows(

and the more to the bac) the better so that they would not see the sensiti"e parts of men%s

bodies that mi$ht ha"e shown due to the fact that only a few were familiar with trousers

and underwear( and there was no partition between the men and women.

5oreo"er( in the early sta$es of con$re$atin$ for prayer( men and women would $o

throu$h the same entrance where crowdin$ would occur. The Prophet =blessin$s and peace

be upon him> said( ?If only we left this entrance to the women?.@ Transmitted by AbuDawud on the authority of Ibn 0mar =G9> =G>.So they allocated the entrance for them

from that time on and it became )nown as the ?woman%s Entrance.? As for the Friday

con$re$ation( women durin$ the Prophet%s Era attended the prayer and listened to the

sermon to the e,tent that one of them could learn the Surah of because the Prophet

=blessin$s and peace be upon him> recited it fre!uently from his position on the sermon

pulpit. They also attended the two Bairam =a reli$ious celebration> con$re$ations and too)

part in these bi$ Islamic celebrations that in"ol"ed all people( old and youn$( male and

female( in the open outs)irts where they would chant the name of Allah. 0mLAteyya( a

witness of the Prophet%s Era( said( ?6e were fre!uently instructed to $o out for the

Bairams.?

In another "ersion she said( ?The 5essen$er of Allah =blessin$s and peace be upon him>

instructed us( the maids( and the ones in their menses to $o out. The women menstruatin$

would stay away from prayer and witness the $ood=of the day> and 5uslim%s prayer =to

Allah>. So I said( L- 5essen$er of Allah( there may be one of us who does not ha"e a +ilbab

=dress>.? #e replied( L3et her sister =in Islam>$i"e her one. @ Sahih 5uslim ?The Prayers of

the Two Eids? =;K>.


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This is one of the aspects of 5uslim life that are i$nored by 5uslims in most of their

countries. Some( howe"er( such as the de"otional retreat in the last ten days of &amadan

and the attendance of the Bairam con$re$ation by women( are in the process of comin$

bac) to life throu$h the efforts of the youth of the modern Islamic awa)enin$.

6omen always attended the teachin$ sessions of the Prophet =blessin$s and peace be uponhim>. They would address aisha with the !uestions they found aw)ward or too bold to as).

The Prophet%s wife( aisha =may Allah be pleased with her>( praised the women of the Ansar

whose shyness did not pre"ent them from see)in$ )nowled$e of the reli$ion and as)in$

!uestions about ma+or issues such as impurity =full se, or e+aculation pre"entin$ one from

performin$ some forms of worship>( ni$ht e+aculation( washin$ from impurity(

menstruation and other such matters.

This( howe"er( was not enou$h for them compared to the men%s completely enfoldin$ the

Prophet =blessin$s and peace be upon him>: so they demanded a special day of teachin$ be

allocated to them without "yin$ with a crowd of men( and said openly(?5essen$er of

Allah( the men ha"e ta)en complete possession of your company( so de"ote one of yourdays to us.?The Prophet =blessin$s and peace be upon him> promised to $i"e them a day

and he preached and $a"e them instruction. @ Transmitted by Bu)hari in The 6orld =Al1

Alam> 8H on the authority of Abu Said.This )ind of female acti"ism was also re"ealed

durin$ battles when women ser"ed in the army with the mu+ahedeen =warriors who

stru$$le to )eep Islam ali"e> in a way that suited them and brou$ht out the best of their

abilities( such as attendin$ the wounded( $i"in$ medical aid( nursin$ the in+ured fi$hters( in

addition to coo)in$( procurin$ water and the li)e. 0m LAteyya asserted( ?I went on se"en

military e,peditions with the Prophet =$reetin$s and peace be upon him>: I would $uard

the fi$hters( pro"isions( ma)e their food( treat the in+ured and nurse the ill ones?.

@Transmitted by 5uslim =889>.

Anas( one of the Prophet%s Companions( narrates( ?-n the Day of 0hud(Laisha and 0m

Salim( their slee"es rolled up( would carry water in s)in ba$s on their bac)s and empty the

contents into the soldiers open mouths?. @Transmitted by 5uslim =888>.The fact that

Laisha was still in her teens renders incorrect the claim that female participation in military

e,peditions and battles was confined to old women. &ealistically spea)in$( this defies lo$ic

as such wor) would be unduly onerous for the a$ed when considerin$ the physical and

psycholo$ical e,i$encies of war.

In the same line( Imam Ahmad recalls(Lsi, belie"in$ women were in the army that besie$ed

2haibar( their tas) bein$ to hand arrows to the fi$hters( prepare food( procure water( treat

the wounded( spin yarn and help in =the promotion of>the cause of Allah. E"entually( the

Prophet=blessin$s and peace be upon him>allocated shares in the spoils to them.

@Transmitted by Ahmad .

It is also established that some of the Companion%s wi"es too) up arms in some e,peditions

and battles. The deeds of 0m LImarah asba bint 2a%b on the Day of 0hud are well )nown

and were of such effect as to ma)e the Prophet say( ?#er manner e,celled that of such and


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such people.? -n the day of the Battle of #unain( 0m Salum( for her part( )ept a da$$er to

stab any enemies who would come within her reach. This story is told a$ain by her son

Anas( ?-n the Day of #unain( 0m Salum had a da$$er: when she was seen by her

husband( Abu Talha( he told the Prophet( L5essen$er of Allah( 0m Salum is )eepin$ a

da$$er with her.? 6hen the Prophet as)ed her about it she answered( LIt is to stab the

abdomen of any of the Pa$ans who mi$ht come near me(? at which the Prophet lau$hed.@Transmitted by 5uslim =8K;>.

But the women of the Prophet%s and Companion%s Eras had ambitions that went beyond

the participation in the e,peditions into ad+acent areas. They were also )een to ta)e part in

the 5uslim con!uests of distant lands to help disseminate the messa$e of Islam. Anas

narrated( ?-ne day( the Prophet =blessin$s and peace be upon him> too) his siesta in the

house of 0rn #iram. 6hen he wo)e up( he lau$hed. So she as)ed( L6hat ma)es you lau$h(

Prophet of Allah7? The Prophet said( LI ha"e seen some people from my nation( who were

out to fi$ht for the sa)e of Allah( ridin$ the sea. There were )in$s seated on their thrones.?

So she replied( L- 5essen$er of Allah( pray to Allah that I may be one of them.? #e did.

@Sahih 5uslim =8;89>Durin$ the rei$n of L0thman =the third caliph>( 0m #iram set sailwith her husband( 0bada ibn As1Samit( to Cyprus( where she was )illed while she was on

horsebac) =in a battle> and was buried there( accordin$ to bio$raphers and chroniclers. A

whole section is de"oted to hi$hli$htin$ woman%s roles in the battles and military

e,peditions.

In the sphere of social life( the 5uslim woman played her part( preachin$ of $ood deeds(

en+oinin$ what is ri$ht and forbiddin$ e"il( in conformity with Allah%s statement ?The

belie"ers( men and women are ?Auliy(?=helpers( supporters( friends( protectors>of one

another( they en+oin =on the people>what is ri$ht Al15aLruf =i.e. Islamic 5onotheism and

all that Islam orders one to do>(and forbid=people>from Al15un)ar=i.e. polytheism and

disbelief of all )inds( and all that Islam has forbidden>. @Surah ;8

A well1)nown story depicts a woman reasonin$ with L0mar =may Allah be pleased with

him> in the mos!ue o"er the issue of the amount of bridal money paid to the bride. It also

illustrates how L0mar =the third caliph>( bein$ con"inced of her ar$ument( re"ersed his

opinion to that of hers in public. #is comment on this was ?e"erybody%s )nowled$e is

better than mine?. @Tafsir Ibn 2athir 8HGThe story is cited by no less an authoritati"e

re$ister than Ibn 2athir%s Tafsir( where Ibn 2athir states its ascription to L0mar is correct.

In another "ersion LAbdul1&a'i! cites L0mar as sayin$ about himself( ?A woman debated

with L0mar and outdid him in the debate. @ Tafsir Ibn 2athir H8KAlso durin$ his

caliphate( L0mar appointed a woman( Al1Shifa bint Abdullah as the mar)et1place

superintendent.

By e,aminin$ the /ur%an%s discourse on woman%s affairs and by loo)in$ onto the li"es of

the Prophets( we hardly find such an iron curtain( as is drawn by some people( between

men and women. Thus in the prime of his youth( Prophet 5oses =peace be upon him> is

depicted tal)in$ to the two dau$hters of the old man of 5adyan. #e as)s them !uestions

and $ets their answers without any particular feelin$ of $uilt or embarrassment and

ma$nanimously helps them. -ne of them returns soon after with an in"itation from her


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father for 5oses to come to their house. -ne of them e"en su$$ests her father hire 5oses(

as he is a stron$ and honest man. This is how the /urtan puts it ?And when he arri"ed at

the water of 5idian=5adyan>he found there a $roup of men waterin$ =their floc)s>( and

beside them he found two women who were )eepin$ bac) =their floc)s>. #e said( ?6hat is

the matter with you7? They said( ?6e cannot water =our floc)s>until the shepherds ta)e

=their floc)s>. And our father is a "ery old man.? So he watered =their floc)s>for them(then he returned bac) to shade( and said ?5y 3ord7 Truly( lam in need of whate"er $ood

you bestow upon me? Then there came to him one of the two women( wal)in$ shyly. She

said ?erily( my father calls you that he may reward you for ha"in$ watered=our floc)s>

for us.? So when he came to him and narrated the story( he said ?Fear you not. Mou ha"e

escaped from the people who are Jalimun =polytheists( disbelie"ers( and wron$doers>.?

And said one of them=the two women> ?- my father #ire him erily( the best of men for

you to hire is the stron$( the trustworthy. @Surah 991 9G

In the story of 5ary( e"ery time Jachariah comes to her chamber he finds much food( so

he in!uires about it

? E"ery time he entered Al15ihrab @A prayin$ place or pri"ate room.=to "isit>her( he

found her supplied with sustenance. #e said ?- 5ary From where ha"e you $ot this7?

She said ?From Allah? erily Allah pro"ides sustenance to whom he wills( without limit.

@Surah

Another story is that of the /ueen of Sheba( who is cited by the /ur%an as consultin$ her

people about how they should respond to Solomon%s messa$e to her ? She said( ?- chiefs

Ad"ise me in =this>case of mine. I decide no case till you are present with me.? They said

?6e ha"e $reat stren$th( and $reat ability for war( but it is for you to command: so thin)

o"er what you we command.? She said ?erily 2in$s( when they enter a town =country>(

they despoil it( and ma)e the most honourable amon$st its people low. And thus they do.@Surah 991

3ater then she arri"es in Solomon%s palace( she con"erses with Solomon as follows

? So when she came( it was said =to her> ?Is your throne li)e this7? She said ?=It is>as

thou$h it were the "ery same.? And =Solomon said> ?2nowled$e was bestowed on us

before her( and we were submitted to Allah =in Islam as 5uslims before her>.? And that

which she used to worship besides Allah has pre"ented here =from Islam>( for she was of a

disbelie"in$ people. It was said to her ?Enter As1Sarh? =a $lass surface with water

underneath it>( but when she saw it( she thou$ht it was a pool( and she =tuc)ed up her

clothes> unco"erin$ her le$s( Solomon said ?erily( it is Sarh pa"ed smooth with slab of

$lass.? She said ?5y lord erily( I ha"e wron$ed myself( and I submit =in Islam( to$ether

with solomon>(to Allah( the 3ord of LAlamn =man)ind( +inns( and all that e,ists>. @ Surah

99 to

or is it ri$ht to say that the re"ealed codes of precedin$ nations do not apply to us( since

their stories were only cited in the /ur%an for reflection and $uidance. #ence the

correctness of the claim that the re"ealed code of precedin$ nations which is $i"en in the


22/63

/ur%an and the Sunna =traditions of the Prophet 5ohammed> is also a code for us as lon$

as no code of ours renders it null. Allah said to his 5essen$er? They are those whom Allah

had $uided. So follow their $uidance?. @Surah G;K

5oreo"er( the fact that in the early sta$e of Islam the initially re"ealed punishment for a

woman who committed adultery was to confine her to a house until she died or until Allahmade a way out for her ?And those of your woman who commit ille$al se,ual intercourse(

ta)e the e"idence of four witnesses from amon$st you a$ainst them: and if they testify(

confine them =i.e. women> to houses until death comes to them or Allah ordains for them

some =other>way. @Surah 8


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In answer to this line of thin)in$( we must say that we are 5uslims first and foremost. 6e

do not sell our reli$ion in imitation of the "a$aries of 6esterners or Easterners. -ur

reli$ion forbids us from promiscuous mi,in$ with its showiness and seducti"eness? Then

we ha"e put you =- 5ohammed( blessin$s and peace be upon him>on a plain way of =-ur>

commandment li)e the one 6e commanded -ur messen$ers before you=i.e. le$al ways and

laws of the Islamic 5onotheism>.So follow you that =Islamic 5onotheism and its laws>(and follow not the desires of those who )now not. erily( they can a"ail you nothin$ a$ainst

Allah =if #e wants to punish you>. @Surah are ?A why( =protectors( helpers( etc.>

to one another( but Allah is the 6ali=#elper( Protector( etc.>of the 5utta!un @i.e. pious

and ri$hteous persons who fear Allah much =abstain from all )inds of sin and e"il deed

which #e has forbidden> and lo"e Allah much=perform all )inds of $ood deeds which #e

has ordained.>?@Surah


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In a boo) by the #ar"ard &esearch Centre director( entitled The Se,ual &e"olution( the

author firmly states the 0nited States is headin$ towards a catastrophic situation of se,ual

anarchy( a)in to that of the &omans and 4ree)s. #e adds that Americans are beset the by

dan$ers of se,ual intemperance that would o"erwhelm their culture and all aspects of their

life.

6hile the communists were more reticent on these matters( and $eneral restrictions e,isted

on media co"era$e( in 8;G9( 2hrushche" declared that the So"iet youth had de"iated and

had been spoilt by lu,ury. #e threatened to open concentration camps in Siberia to rid the

society of the decadent youth that posed a threat to the future of the So"iet 0nion.

Ille$itimate children

The rapid increase in the numbers of ille$itimate children is directly related to the

unlimited rein $i"en to desire and the remo"al of barriers between youn$ men and women.Statistics on the ratio of pre$nant school $irls in the 0nited States re"ealed dreadful

dimension. In a newspaper report( one third of the infants born in 8; were ille$itimate.

5ost of them were born to youn$ women under nineteen. The total number of ille$itimate

children was 889(


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#i$h Di"orce &ates and Destruction of the Family

ot only is marria$e beset by many obstacles( it is also unsafe after its accomplishment.

The family collapses and bonds brea) with occurrence of the sli$htest problem. In all6estern countries( di"orce rates are s)yroc)etin$.

Spread of 3ethal Diseases

The outbrea) of se,ually transmitted diseases( as well as neurotic( mental and

psycholo$ical diseases( the spread of comple,es and disturbances that claim hundreds of

thousands of patients are amon$ the ac)nowled$ed effects of se,ual promiscuity. -ne of

the most dan$erous( and in many cases lethal diseases is AIDS( which is caused by the #I

"irus. This "irus is responsible for the body%s loss of immunity lea"in$ it "ulnerable to allfactors of decay 5illions of people ha"e succumbed to this menace( a fact that pro"ides a

modern piece of e"idence for the words of the Prophet 5ohammed =blessin$s and peace be

upon him> that( ?3echery ne"er appears in a community( but with its proclamation( pla$ue

and affliction appear throu$hout( which did not e,ist in by$one $enerations?. @ Tranmitted

by Ibn 5a+ah on the authority of Ibn 0mar =K8;> : Al1Jawa%ed( #adith Sahih: and Al1

#a)im and Al Dhahaby H


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honourin$ one%s mother a "irtue( and #e puts forth the mother%s ri$ht o"er that of the

father for what she endures in pre$nancy( deli"ery( nursin$ and raisin$ her children. This

is stated and restated in the /ur%an( in multiple chapters( to imprint this notion in the

child%s mind and heart as per the followin$ "erses?And we ha"e en+oined on man =to be

dutiful and $ood>to his parents. #is mother bore him in wea)ness and hardship upon

wea)ness and hardship( and his weanin$ is in two years1$i"e than)s to 5e and yourparents(1unto 5e is the final destination. @Surah 88and?And 6e ha"e en+oined on

man to be dutiful and )ind to his parents. #is mother bears him with hardship and she

brin$s him forth with hardship( and the bearin$ of him( and the weanin$ of L+im is thirty

=K> months. @Surah G8 as)in$(?6ho is most

deser"in$ of my care7? #e said( ?Mour mother.? The man as)ed( ?Then who7? #e said(

?Mour mother.? The man as)ed( ?Then who7? #e said( Mour mother.? The man as)ed

=the fourth time>( ?Then who7? #e said( ?Mour father. @ Transmitted by Bu)hari and

5uslim on the authority of Abu #uraira The Pearl and the Coral =Al13u%lu% wal15ar+an>

=8G

Al1Ba''ar recounts that a man was circumambulatin$ the 2a%bah carryin$ his mother.

The Prophet =blessin$s and peace be upon him> as)ed him( ?#a"e you repaid her7? The

man said( ?o( not e"en for one of her moans=i.e. one of the moans of labour( deli"ery and

so on> @Transmitted by Al1Ba''ar =89>As to be $ood to her( it means treatin$ her well(

respectin$ her( humblin$ oneself in front of her( obeyin$ her without disobeyin$ Allah(

see)in$ her satisfaction and pleasure in all matters( e"en in a holy war. If it is optional( he

must ha"e her permission( for bein$ $ood to her in a type of +ihad. @ *ihad is the stru$$le

=physical( mental( psycholo$ical( spiritual( etc.> to preser"e the purity and practice of Islam.

=editor%s note>

A man came to the Prophet =blessin$s and peace be upon him> and said( ?- 5essen$er of

Allah( I want to fi$ht and I want your ad"ice.? #e as)ed him( ?#a"e you a mother7? The

man said( ?Mes.? #e said( ?Do not lea"e her because Paradise is under her feet.

@ Transmitted by Al1isaai( GH88: Ibn 5a+ah( 8H9 and Al1#a)im. It is amended and

appro"ed by Al1Dhahaby( H8


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about her relationship to her unbelie"in$ mother who had come to her. #e said( ?Mes( be

on $ood terms with your mother?. @Transmitted on the authority of Asmaa =a$reed upon>(

The Pearl and the Coral =Al13u%lu% wal15ar+an> =.

An indication that Islam cares for motherhood( for the ri$hts of mothers and their feelin$s

is that a di"orced mother has $reater ri$hts and is worthier of loo)in$ after her childrenthan the father. LAbdallah ibn LAmr ibn Al1as transmitted that a woman as)ed(

?- 5essen$er of Allah( this son of mine had my womb as a container( my breasts for

drin)in$( my lap to contain him. #is father has ta)en him from me.? The Prophet

=blessin$s and peace be upon him> said( ?Mou ha"e more ri$ht if you do not marry?.

@Transmitted by Ahmad in Al 5usnad =GK>. Shei)h Sha)er said its authenticity is

correct. Transmitted also by Abu Dawud.

Imam Al12hataby said in 3andmar)s of Traditions =5aalem As1Sunna> ?Container? is

the name of the place that contains a thin$. This means that the mother is worthier as she

and the father shared in the be$ettin$ of the child( then she was sin$led out for such thin$s

as nursin$ which the father had no share in. Therefore she deser"es to be the first when itcomes to disputes about the child.

-n the authenticity of Ibn LAbbas who said( ?L0mar ibn Al12hattab di"orced his wife from

Al1Ansar( the mother of LAsim. #e met her carryin$ the child in 5ahser =a mar)et1 place

between /uba and 5edina>. The child was weaned and could wal). L0mar held out his

hand to ta)e the child from her and disputed about it till the boy cried out in pain. L0mar

said(?I am worthier of my son than you ?They complained to Abu Ba)r( whose "erdict

was that the mother should )eep the child. #e said( ?#er scent( her bed( and her lap are

better for him than yours until he $rows up and chooses for himself ?. @ 3andmar)s of

Traditions =5aalem as1Sunna> =988>.

The mother who is cherished that much by Islam and $i"en all these ri$hts has a tas) to

perform. She has to ta)e care of her children( raise them well( implant "irtues( and ma)e

them loathe e"il. She has to teach them to obey Allah( encoura$e them to defend what is

truthful( not dissuade them from fi$htin$ for the sa)e of Allah =one form of +ihad> because

of the motherly sentiments in her heart but to fa"our the correct way o"er sentiment.

6e saw a belie"in$ mother( Al12hansaa( in the Battle of /adesseyah elo!uently ur$in$ her

four sons to be bra"e and steadfast. Then as soon as the battle was o"er and the news of

their four deaths came to her( she did not wail and carry on but said with certainty and

contentment( ?Praise be to Allah who honoured me with their martyrdom for #is faith.?

Immortal mothers

-ut of /ur%anic $uidance( we ha"e been supplied wit superb e,amples of $ood mothers

who had influence and position in the history of the faith in Allah. 5oses? mother( for

e,ample( responded to Allah%s inspiration and callin$ when she cast the apple of her eye


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into the ri"er( assured of Allah%s promise ?And 6e inspired the mother of 5oses(

=sayin$> Lsuc)le him =5oses>( but when you fear for him( then cast him into the ri"er and

fear not( nor $rie"e. erily 6e shall brin$ him bac) for you( and shall ma)e him one of

=-ur>5essen$ers.? @Surah 9

There is also 5ary%s mother( who promised what she had in her womb to be de"oted toAllah( to be pure of any polytheism or worship of anythin$ other than Allah. She prayed to

Allah to accept her "ow ?so accept =this>( from me. erily( Mou are the All1#earer( the All1

2nowin$?. @ Surah ( dau$hter of LImran

and mother of the Prophet *esus =peace be upon him>( an e,ample of purity( humility to

Allah and of faith in #is word. ?And 5ary( the dau$hter of LImran who $uarded her

chastity: and 6e breathed into =the slee"e of her shirt or her $arment>throu$h -ur ?&uh?=i.e. 4abriel>( and she testified to the truth of the 6ords of her 3ord =belie"ed in the 6ords

of Allah ?Be and he was: that is *esus1son of 5ary:1as a 5essen$er of Allah>( and =also

belie"ed in>#is Scriptures( and she was of the /anitun=i.e. obedient to Allah>. @ Surah

GG89

The 6oman as Dau$hter

In pre1Islamic times( the Arabs used to be disheartened and annoyed with the birth of $irls(

so that a father( when informed his wife had $i"en birth to a $irl( said( ?By Allah she is notas blissful as a son: her defence is cryin$ and her care is but stealin$? #e meant she could

not defend her father and her family e,cept by screamin$ and cryin$( not by fi$htin$ and

carryin$ arms. She also cannot be $ood to them and care for them e,cept by ta)in$ from

her husband%s money to $i"e to her family. Their traditions allowed the father to bury his

dau$hter ali"e for actual po"erty( or for e,pected po"erty( or out of fear of a dis$race she

mi$ht brin$ upon them when she $rew up. In that conte,t( the /ur%an says( denouncin$

and dero$atin$ them ?And when the female =infant> buried ali"e=as the pa$an Arabs used

to do>shall be !uestioned. For what sin was she )illed7@Surah 81;

The /ur%an also describes the condition of fathers when dau$hters are born ?And when

the news of =the birth of>a female =child> is brou$ht to any of them( his face becomes dar)(and he is filled with inward $rief #e hides himself from the people because of the e"il of

that whereof he has been informed. Shall he )eep her with dishonour or bury her in the

earth7 Certainly( e"il is their decision?. @ Surah 8G


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6hen Islam was re"ealed( it decreed a dau$hter1li)e a son1was a $ift from Allah( to be

$ranted to whome"er Allah wishes of #is worshippers

?#e bestows female =offsprin$> upon whom #e will( and bestows male =offsprin$> upon

whom #e will -r #e bestows both male and females( and #e renders barren whom #e

wills. erily( #e is the All12nower and is Able to do all thin$s. @ Surah 9 ; 1 when the wife of LImran

said ?- 5y 3ord I ha"e "owed to Mou what =the child that>is in my womb to be

dedicated for Mour ser"ices =from all worldly wor): to ser"e Mour Place of worship>( so

accept this( from me. erily( Mou are the All1#earer( the All

Documents

The Essence of Economic Policy in Importance of Islamic Economics Book 3