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Lesson - 39
Al-Baqara
"And women have rights similar to those against them
in a just manner, and men are a degree above them. And Allah is
Mighty, Wise." Ch. 2:228
An example of the purity of speech and eloquence
I have discussed this verse in two of my previous lessons. It
is not only the charter of women rights, but it also establishes
a balance between the rights of men and women. It, therefore deserves
to be studied in great depth. I would briefly like to draw your
attention towards another point. This blessed verse is a very good
example of the purity of speech, and eloquence of the Holy Quran.
Unfortunately, eloquence is sometimes considered to be the use of
multiple superfluous words to convey a simple thought or idea. The
so called eloquent speakers, or writers use difficult words of Persian
and Arabic to convey simple ideas in Urdu, and a poor listener fails
to comprehend. Often these words are used out of context, and do
not convey the real meaning to begin with. Thus, such speakers take
advantage of the ignorance of their audience or readers. In order
to impress, such speakers also bring in poetic verses to assert
the magic of their eloquence.
In the pre-Islamic society too, poetry was considered as the eloquent
form of expression and was used to impress people. Contrary to this,
the Holy Quran embraced prose as the means of its expression. Glory
be to Allah! All praise is His! The like of this prose has never
been written before or since. This is evidenced by the repeated
challenge of the Holy Quran that if this is not the Book of Allah,
let the opponents of the Holy Quran combine together to produce
even one chapter in poetry or prose to match its excellence. This
challenge requires the humanly produced product to meet all the
qualities of the Holy Quran, including its purity of speech and
eloquence. This challenge has never been met by any enemy of Islam
at the time it was first given, or since. The prose of the Holy
Quran excels any poetic verse. Its eloquence lies not in the use
of numerous meaningless words, but in the expression of the greatest
amount of meaning and wisdom in the simplest possible words. This
is eloquence, in the real sense.
Take for example, the verse under discussion today. A great depth
of knowledge has been expressed in a few and simple words. The thorny
issue of the mutual rights of billions of men and women, which has
not been solved in hundreds of years by the best minds in sociology
and economics, are solved in an excellent manner in just a portion
of this verse. No human being could have stated, or solved this
problem in such a few and simple words.
Disruption of family order
I mentioned in the preceding lesson that the Holy Quran gives
equal rights to men and women, but if a situation arises where a
decision cannot be reached by mutual consensus, the Holy Quran offers
the solution that under such circumstances the opinion of the husband
should be accepted. The Holy Quran assigns, the responsibility of
earning for the household expenditures and maintenance to the husband,
and these are the issues, which frequently become the source of
conflicts. Thus, if the woman of the house wants to spend beyond
the man's means, or on things which are injurious to the morals,
faith, chastity and honor of the woman, then the man has the right
to fulfill his responsibility and his opinion should be accepted.
Maulana Muhammad Ali, in his Urdu translation and commentary of
the Holy Quran (Bayan-al-Quran) has written an excellent
note on this verse. I would like to quote that for the reader over
here:
"The Holy Quran has solved two problems in this verse
in an excellent manner. It has first established the principle,
that just as men have rights against women, they have similar rights
against them in a just manner. As far as rights are concerned, both
men and women are thus on an equal footing. This is a truth which
has been ignored by all religions except Islam. In fact it has not
even been fully adopted by the civilized nations today. On the other
hand, a difficulty arises with equality of rights, and that has
to do with the maintenance of order in family matters. Such an order
cannot be maintained unless one party is given some precedence over
the other. Proper family relationship and household management is
the basis of the welfare of the whole human race, and the first
step in the development of human civilization. Civilization means
mutual coexistence and it begins with the family unit. The Holy
Quran has established, that without this balance order in the family
unit would be disrupted."
How perceptive is this commentary by Maulana Muhammad Ali. It has
been sixty years since He wrote this, but even today in Europe and
America and wherever such unnecessary liberty is taken by women,
family life seems to be adversely affected. The number of divorces
and separations has risen, and domestic discord is on the rise.
This has adversely affected the younger generation, crime is on
the rise, and has caused a great deal of anxiety amongst the intelligentsia
in the society. Most people agree that this affliction has destroyed
the family life. Besides criminal behavior, the use of drugs has
risen, and has caused a public outcry.
I have apprised the ladies in our community, who are obsessed with
freedom, about the consequences of unlimited freedom. However, they
are unwilling even on some occasions to accept the opinion of their
husband, despite the fact that such behavior could result in his
loss of love and affection for them. For a wife there could be no
greater misfortune, divorce being something that may only occur
later on. It should be remembered that it is the woman who bears
the brunt of the adverse consequences of a failed marriage. Because
of attitude of women towards their husbands and the bitter experience
of marital life, there is a tendency in men, in Europe and America
to avoid marital life altogether. Men and women live together without
marriage, and the relationship is broken off when desired. What
has happened after sixty years in the West as a result of women's
attitude towards their husbands, will occur in the East sixty years
from now, if a similar course is followed. This situation is very
disadvantageous for women, because not only are they treated as
mistresses, but also are unable to establish a permanent home to
rear children, which is their greatest natural desire.
Quranic remedy for women who desert their husbands
Some western oriented women also object to another verse of the
Holy Quran in which certain injunctions are given directly to men
only without reciprocity for women. The verse in question is:
"And (as to) those on whose part you fear desertion (nushuz),
admonish them, and leave them alone in the beds and chastise them.
So if they obey you, seek not a way against them. Surely Allah is
ever Exalted, Great." (4 :34).
The answer to this is that in case of irreconcilable differences,
the Holy Quran has enjoined that the opinion of the husband should
be accepted. Therefore the Arabic word nushuz (which means
desertion, also means rising against, in this case the husband) in
light of the Quranic injunction mentioned earlier, applies only to
a woman. It is only for her reformation that these measures have,
therefore, been recommended. They are to be undertaken in the order
recommended i.e., first counseling, then temporary suspension of marital
rights, and if that is also ineffective, then chastisement. This chastisement
according to the Hadith should be so light that it should merely be
a means of expressing displeasure, and must not be with the intention
of causing injury.
Western oriented women counter by saying that "even such a chastisement
is uncivilized." To this my reply is that a civilized woman does
not rise up against her husband, and even when she does, counseling
is usually effective. Temporary suspension of relationship is a
matter of deep concern for a rebellious wife, and usually results
in reformation. The stage of chastisement is never reached. For
the uncivilized woman light chastisement is effective. In Islam
such a situation seldom arises. I also pointed out to them that
in the western world whose culture has so greatly impressed them,
spousal abuse, and that also to an extreme degree is quite common.
They readily agreed with me on this point, and I appreciate their
honesty in this matter.
Translator's Note:
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Maulana Muhammad Ali has written an excellent
note on this verse in his English translation and commentary
of the Holy Quran which is being reproduced here for the reader's
facility:
The word nushuz, which I have translated
as desertion, primarily means rising, and as spoken of a woman
in connection with her husband it means her rising against
her husband. This is explained in a number of ways; according
to one of these explanations it means her leaving the husband's
place, and taking up an abode which he does not like (Abu
Hayyan). Lane's Lexicon quotes various authorities showing
that nushuz on the part of the woman means that the
wife resisted her husband and hated him and deserted him.
The remedy pointed out in the case of the wife's desertion
is threefold. At first she is only to be admonished. If she
desists, the evil is mended, but if she persists in the wrong
course, her bed is to be separated. If she still persists,
chastisement is permitted as a last resort (Razi). Regarding
this last remedy two things must, however, be borne in mind.
Firstly it is a mere permission, and sayings of the Holy Prophet
(peace and blessings of Allah be upon him) make it clear that,
though allowed, it was discouraged in practice. Thus the Holy
Prophet is reported to have said, on the complaint of certain
women, the ill-treatment of their husbands, "You will not
find these men as the best among you" (Abu Dawud, 12:42 ).
According to Shafi, it is preferable not to resort to chastisement
of the wife (Razi). In fact, as the injunctions of the Quran
are wide in their scope, the example of the Holy Prophet,
and his constant exhortations for kind treatment towards women,
so much so that he made a man's good treatment of his wife
the gauge of his goodness in general the best of you
is he who is best to his wife show clearly that this
permission is meant only for that type of men and women who
belong to a low grade of society. Secondly, even this permission
cannot be adopted indiscriminately, for sayings of the Holy
Prophet make it quite evident that chastisement, when resorted
to in extreme cases, must be very slight. Ibn Abbas says,
"it may be with a tooth-brush, or something like it" (Abu
Hayyan). The Holy Prophet is reported to have said, "You have
a right in the matter of your wives that they do not allow
anyone whom you do not like to come into your houses; if they
do this, chastise them in such a manner that it should not
leave an impression" (Tirimizi, 10:11). Thus very slight chastisement
was allowed only in extreme cases.
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End of quote from Maulana Muhammad Ali.
Testimony of a woman in Islam
Another question frequently asked by women is, " Is it correct
that in Islam the testimony of a woman is equivalent to half that
of a man?" My answer is that the Holy Quran has instructed only
on one occasion in reference to witnessing debt records, that if
one man is not available to witness, two women could witness instead
(2:282). The reason for this is also given in the same verse, "so
that if one errs, the other one may remind her." This, in fact,
is a Divine favor for women, because they are not usually very well
versed in complexities of financial transactions and the lawyers
may confuse them, and make their testimony appear suspicious. Another
instruction implied in the Quranic statement, "so that if one errs,
the other one may remind her," is that both female witnesses should
appear together in the court, so that they are not awe-inspired,
or brow beaten by the attorneys, particularly during technical cross
examinations of cases involving financial transactions.
In other situations, where financial complexities are not involved,
the Holy Quran discusses the acceptable number of witnesses without
reference to their sex, and does not mention that a male witness
is equal to two female witnesses. This follows from the fact that
under ordinary circumstances, only the truthfulness of the testimony
is the essential requisite, and the Holy Quran has repeatedly mentioned
the women to be truthful. I quote only one such verse:
" …..and the truthful men and the truthful women…" (33:35).
Here truthfulness of man and woman is mentioned as being equal.
If there is a situation when only one woman is available as a witness,
even in matters involving financial transactions, there is no restriction
in accepting her testimony, for as far as truthfulness goes, both
men and women are on equal footing. If she forgets, she will not
have a helper to remind her, but this will not make her testimony
inadmissible. In cases where a crime has been committed against
a woman, or a woman is a witness to a crime, the Holy Quran does
not debar her testimony, or says that it is equivalent to half that
of a man. In case of a wife accusing a husband, or vice versa, or
in case of slander, the Holy Quran has given equal credibility to
a male, or a female witness. I do not want to involve myself in
a discussion of what opinion the jurists formed afterwards. I only
want evidence and confirmation from the Holy Quran.
The marriage of a Muslim woman to a 'follower
of the Book'
Finally another question asked by the western oriented ladies is
that if a Muslim man can marry a woman from amongst the followers
of the Book [Jews, Christians, and other believers in a revealed
book before Islam], then why is it that a Muslim woman cannot do
the same? In reply to this I would like to state that ordinarily
it is the husband who is the dominant figure in the household. If
a Muslim woman therefore marries a non Muslim man, her faith, culture
and existence as a Muslim can be in jeopardy. Further, children
are generally identified through the race and religion of their
father (and not of the mother), and in later life, continue to follow
the religion of their father. That is why the Holy Quran frequently
blames the non-Muslims that they blindly follow the religion of
their forefathers. The children of a man who is the follower of
the Book will, therefore be considered, and will remain as followers
of the Book. Because of this danger, a Muslim woman, who has even
a small degree of faith in Allah in her heart, and who fears the
accountability in the Hereafter, will not like to be married to
a man who is a follower of the Book. I am grateful that the western
oriented Muslim ladies generally concede this point.
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