Women's Rights in Islam
Source: Unknown What the Holy Prophet (Sallallahu ‘alaihi wa sallam) did to alleviate the sufferings of womenfolk is not possible to describe in the space of this article. Briefly, he made it a part of his religious sermons and practical lessons to put the greatest emphasis on upgrading the position of women from that of the dumb driven cattle to that of respectable partner in life.
He declared it to be most meritorious to treat the members of one’s household with kindness.
He defined the rights of daughters, wives and mothers and demanded that they should be given affection and love, consideration and respect.
He stressed again and again the reward in the Hereafter for the one who would bring up daughters, with love and kindness --- the greater the number the greater the reward.
He put a premium on a happy home life by declaring that one who was best to his people in his house was the best amongst the believers.
He said that Paradise lay under the feet of one’s mother.
He gave the glad tiding of Paradise to those who would look after their daughters well and would not feel ashamed of them or discriminate against them.
He admonished those who were unkind to their womenfolk and warned them of the punishment that awaited them unless they repented and made amends.
He recited to them verses of the Holy Quran prohibiting killing of children for fear of paucity of provisions, for Allah was the Cherisher of all.
" And kill not your children for fear of poverty. We provide for them and for you. Surely to kill them is a great sin " [17:31]
There is a verse in Quran
Majeed which refers to the Providential in quest into the murder of innocent
girls on the Day of Judgment and the Holy Prophet (Sallallahu ‘alaihi wa
sallam) used to recite it ---
The Holy Prophet Muhammad (Sallallahu ‘alaihi wa sallam) has said:
" A man who feeds, educates, imparts good manners and treat kindly, and give in marriage his three daughters, or three sisters, or two sisters or two daughters, will enter Paradise " [Muslim and Tirmizi]
" One who feeds the girls till they reach the age of puberty, (then he raised his two fingers together and pointing to them added), Will be with me like this "
The rights bestowed on womenfolk in Islam are set out below:
" There is a share for men in what the parents and the kindred leave, and a share for women in what the parents and the kindred leave, be it little or much. The share (of each) is prescribed as an obligation " [4:7]
Right of Inheritance
The principles of inheritance in the light of the Quranic injunctions are elaborated in the sayings of Holy Prophet (Sallallahu ‘alaihi wa sallam). A companion of the Holy Prophet (Sallallahu ‘alaihi wa sallam) Sa’ad-bin-Rabi’a (Razi Allahu ‘anhu) had suffered martyrdom in the battle of Uhad. He left behind a widow and two daughters.
According to the pre-Islamic
custom, his brother came in possession of the property depriving his (martyr’s)
widow and daughters. The widow approached the Holy Prophet (Sallallahu
‘alaihi wa sallam) for redress. And soon came the following Revelation
of the Quran Majeed:
" Allah directs you concerning (the inheritance of) your children, (The share) for the male is equivalent to share of two females. And if there are females, more than two, then for them the share is two third of what is left, and if there is only one female, then for her (the share) is half (of it) ..." [4:11]
The Holy Prophet (Sallallahu ‘alaihi wa sallam) gave orders for two-third to be given to the two daughters, one eight to the widow and the rest to the martyr’s brother. [Tirmizi]
Right of Consent before Marriage
Once a girl came to the Holy Prophet (Sallallahu ‘alaihi wa sallam) and complained that her parents had given her in marriage without her consent. The Holy Prophet (Sallallahu ‘alaihi wa sallam) called her father and authorised the girl in the presence of her father that she could, if she so desired, get the marriage annulled. She told the Holy Prophet (Sallallahu ‘alaihi wa sallam) she was agreeable to the marriage as arranged by her parents; and that the intention was to find out what rights women had in this regard!
Right of Mehr (Dower):
Mehr is a must and is payable
by the husband to his wife at any time before or after Nikah (marriage
bond) in full or in installments.
How unquestionable is the right of Mehr is evidenced by the fact that once, Hazrat ‘Umar (second caliph of Islam, pbuh) happened to say in one of his sermons. O ye men! The Holy Prophet (Sallallahu ‘alaihi wa sallam) and his companions did not fix dower at more than four hundred dirhams. If any one from you will fix the dower at more than four hundred dirhams, I will not accept it, the surplus amount will go to Baitul Maal (Public Treasury).
A women from among the gathering
stood up and asked Hazrat ‘Umar (Razi Allahu’anhu), " Do you want to deprive
us the right which has been granted to us by Allah and His Holy Prophet
(Sallallahu ‘alaihi wa sallam)? " And she recited the following verse from
the Quran Majeed:
" If you want to divorce one wife and wed another instead, and to such one of them you have given a lot, then do not take anything back from it. Would you take it improperly by committing an obvious sin " [4:20]
Hazrat ‘Umar (Razi Allahu ‘anhu) was pleased to observe, that women of Madinah were greater jurists than ‘Umar.
In view of the above, the amount of dower can be fixed according to the ability of the husband to pay, but it should be paid with good grace. In the pre-Islamic days, dower, if it became available, was appropriated by parents and guardians and was not given to the bride. Islam makes it payable to the wife.
Right of Freedom of Speech
The Holy Prophet (Sallallahu ‘alaihi wa sallam) encouraged the right of self expression and respected the sentiments of his wives and advised likewise his followers to be generous in this matter. There is ample evidence on record to show the wives of the Holy Prophet (Sallallahu ‘alaihi wa sallam) were free to discuss, comment, complain and even to take a joint stand.
The Holy Prophet (Sallallahu ‘alaihi wa sallam) told Hazrat Aisha (Razi Allahu ‘anhaa) that he could know when she was not so pleased with him because in that mood she would say, " By the Lord of Ibrahim " and when she was pleased with him (the Prophet), she would say " By the Lord of Muhammad (s.a.w) ".
A strict and a stern disciplinarian like Hazrat ‘Umar (Razi Allahu ‘anhu) was pleased to confess, and with pride and gratitude towards the Faith which has emboldened womenfolk to talk to their husbands on terms of equality and cited the instance of his own wife.
