Islam and Woman

ISLAM AND WOMAN BY DR MUHAMMAD FAROOQ KHAN DR RIZWANA FAROOQ

Islam and Woman

Islam and woman

Islam and Woman

Dr. Muhammad Farooq Khan Dr. Rizwana Farooq

Islam and Woman

Islam and Woman

Table of Contents Chapter Title Foreword 1 2 3 4 5 6 The Entity of a woman Manners for man-woman interaction Islams Concept of Family The Women and the Islamic Law Woman and Politics Womens Miscellaneous Issues Page

Islam and Woman Foreword

The issue of womens rights in Islam has become one of the most hotly topics of today. What is the status of women in Islam? What are there duties and what rights do they enjoy? What limits have to be observed when men and women interact with one another? What are the requirements of the Hijab? Are women inferior in the eyes of Islam law? What is the nature of the relationship between a husband and wife? All these questions have invited a lot of debate and discussion in present times. Moreover, the rapid changes which Muslim societies are undergoing today have served to increase the tempo of this debate. We find that two distinct viewpoints have emerged regarding this issue. One of them is based on rigid religiosity and regards women as second rate citizens. The other is greatly influenced by the western society which encourages extra-marital relationships and the free intermingling of men and women. Unfortunately, the golden mean between these two extremes seems to have been lost to the tide of time. According to it, man and woman both are equal as human beings; however, both have different responsibilities and obligations. Both authors of this book hold that the massage of Islam portrays this golden mean. The Quran is the fountainhead of Islam. If we ascertain the status of women in the light of the Quran and also interpet the related sayings of the prophet (sws) in the light of the Holy Quran, it is this very viewpoint that become manifest. Therefore, in this book, the Quran has been the main source of every deduction and the related sayings of the Prophet (sws) have been explained in its light. Moreover, the context of a verse or a hadith has remained one of the basis of our interpretation. Human endeavors can never be free of faults. So we would welcome any criticism from our readers regarding the viewpoint presented. While writing this book, we have benefited greatly from guidance of our mentor Javed Ahmed Ghamidi, Mr Rafi Mufti and Manzoor-ul-Hassan also offered immense help. Finally, we pray to almighty Allah to open the hearts of the readers to whatever is beneficial to them in this book and to save them from its blemishes. April 2005 Dr. Muhammad Farooq Khan E-mail: dmfkhan@gmail.com

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N.B. First edition of this book, in Urdu, was published in Feb 1998. Second edition was published in July 2004. English translation of this book was published in Feb 2002. Second edition of English translation was published in April 2005. Hopefully third editions, both in Urdu and English, will be published in 2010.

Islam and Woman

Chap-1 THE ENTITY OF A WOMAN Islam believes that a woman is not merely subject to man rather she has her own separate and complete entity in all respects. She has an equal right to that of a man to nourish her religions faculties, serve her faith, acquire education, get a job, do business, own something and benefit herself from it and prove her creativity in an enterprise. She is master of herself in all respects. The religious aspect of this fact is described in the Quran as under: For muslim men and women, for believing men and women; for devout men and women; for men and women who are patient, for men and women who humble themselves; for men and women who give charity for men and women who fast; for men and women who guard their chastity, and for men and women who remember Allah much- for them all has God prepared forgiveness and a great reward (Al Ahzab 33, verse 55) The characteristics mentioned in the above Quranic Verse are ten in number. These characteristics cover all aspects of Islam, Islamic conduct and behaviorism related to the rights of God and of human beings too. The above verse makes it clear that there is no distinction between a man and a woman in terms of worships of God, obedience to Him and the place in the life after death. In fact there is no distinction on the basis of gender. The Quran has laid down the following principle in connection with acquisition of wealth For men is a portion of what they earn and for women is a portion of what they earn (Al-Nisa 4, Verse32) The Sura Al-Nisa basically deals with matters relating to money and other issues that emerge out of the relationship of man and woman in different capacities in a family; Immediately after the above quoted verse an

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article from the law of legacy has been described and next comes the instructions about the mutual contacts of a husband and a wife. Hence the context makes it clear that the above mentioned verse is related to the worldly life and that a woman has equal rights to that of a man like acquiring education, doing job or a business, deal of a property and even develop her personality. There are several other Quranic verses which make it clear that there is no distinction between man and a woman on any grounds except in the bearing of a responsibility (the detail would come in later pages). Both are human beings and both have rights and privileges. God says: I will deny no man or woman among you the rewards of their labours. You are the offspring of one another (Al-Imran 3: Verse: 195) Through Sura Al-Tawba, God has declared all Muslim men and women as friends, companions and helpers of each other. Thus women are, in no way inferior to men rather they are friends of men and are equal to them. (However, in terms of responsibilities there can be classification, like a doctor and a teacher, under special circumstances): The true believers, both men and women, are equal friends to each other. They enjoin what is just and forbid what is evil; they attend to their prayers and pay the Zakat and obey Allah and His Apostle. On these Allah will have mercy. He is Mighty, Wise. (Al-Tawba 9, verse71) This is why during the prophetic period women used to acquire both religious and worldly education, do farming, take part in trade and industry and manage their wealth and property; About Aisha, the wife of the Holy Prophet, everyone knows that she has related and confirmed 2210 Hadiths (Prophets sayings) (Sadarat-ul-Zahab: vol.1) Imam Ibne-e-Qaseem has prepared an index of the male and female jurists who expressed their valuable opinions on the law and even issued verdicts in this context. If we glance at that list, we would amazingly find that there were a large number of women among them. These include Ayesha, Umm-I-Salma, Hafsa, Safia, Umm-I-Habiba, Layla Binti Qarim, Asma Bint-I-Abubaker , Umm-I-Shareek, Khaula Bint-I-umm-I-darda,

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Atteeqa Bint-I-Zaid, Sahla Bint-I- Suhail, Jaweria, Maimoona, Fatima Bint -I-Qais, Umm-I-Aiman, Umm-I-Yousaf, Assroa etc. (Aalam-ul-Moqeen: vol.1) The books based on the compilations of the history of the days of the companions of the Apostle reveal the stories of innumerable females who had mastery over different fields of the religious knowledge rather several eminent scholars attained the knowledge of Islam from them. It was a general practice during those days people used to seek guidance from the wives of the Apostle in the matters of religion. There were besides the wives of the Apostle, certain other women too who earned repute in this field. Rabi-Bint-I-Mauz was one such famous scholar and the outstanding scholars of Islam like Abdullah-bin-Abass and Abdullah Bin Umar had been her students. Several people have related certain Hadiths through her reference. These include Salman Bin Yasir, Abad Bin walid and Nafei-Bin-Umar etc. Fatima Bint-I-Qais had been the tutor of the prominent scholars like Ibn-eMaseeb, Urwa Bin Zubair and Shabi. (Al-Astaayab-fil-Asam-ul-Sahab) Ayesha the daughter of Saad Bin Abi-Waqas was remarkable scholar and had educated Imam Malik, Ayub Sakhtiami and Hakam Bin Ataiba. (Tazeeb-ul-tazeeb Vol. 12) Imam Shafi, the eminent jurist learnt the knowledge of Hadith from the Syeda Nafisa, the grand daughter of Hasan, the grand son of the Apostle. (Wafyat-ul-Aayam-al-Ibn-khalkan Vol 2) Same was the case of the worldly knowledge and wisdom. For example among the female companions of the Apostle several were poetess like Khansa, Saudah, Safia, Atika, Muridya, Umm-I-Aiman and several others. In the field of medicine and surgery, Rafaza Aslamia, Umm-I-Mutea, umm-I-Kabsa, Hamne Bint-I- Jahsh, Ummi-I-Athiya, Ummai Saleem and several other women won repute. (Tabqat-Ibne-Saeed, Asaba) It was a usual practice among women to get worldly knowledge during those days. If their number is not remarkable, it was due to lack of resources. Some ordinary women knew how to read and write and even could manage small accounts. (Tabqat Ibn-e-Saad Vol-8). Some wrote and reply letters. (Al-Adab-ul Musfi) During those days the women used to do farming and looked after their fields. In Bokhari (the collection of Hadith) Sahl Bin Sasd relates the story of a female companion of the Apostle who owned fields and gardens. She cultivated a vegetable named Salq near the bank of a stream and used to

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serve Sahl Bin Saad and others with Salq and Maize when they visited every Friday. (Bokhari) The most authenticated books on Hadith like Bokhari, Muslim, Abu-Daud and Ibni Mauja quote the statement of Jabir Bin Abdullah who narrates about her maternal aunt. She was divorced and was going through Iddat (the three months waiting period after divorce during which a woman cant marry). She desired to sell out the fruit of her garden for her living. She consulted the Apostle who advised her to do so as in that case she would be able to give charity and do something for her redemption. This makes clear that the women, during the prophetic perod used to do farming and trade. According to Bokhari, Asma, the daughter of Abu Bakar, the first pious Caliph and the wife of Zubair used to assist her husband in farming on the fields almost two miles far from her home. Those days the women could freely take part in the trade and business activities. The most respectable woman in Muslim Ummah Khadija was a trader. Many female companions of the Apostle like Khaula. Al-khamia, Saqafia and Bint-I-Mukarrama used to trade in perfume. (Asaba-Fi-Tameezul-Sahaba Vol-4) Several event related in Tabqat Ibn-I-Saad exhibit the fact muslim women during the Prophetic period used to take part in agriculture, trade and industry even without the assistance of their husbands. The wife of Abdullah Bin Masud was a good craftswoman. Once she told the Apostle that she was adept in different crafts and sold out her prepared goods. She inquired if she could spend her money on her husband and children as they have no other source of income. The Apostle told her that she would get a reward from God if she did that. It is also quoted in Al-Asaba Fil Tameez-al Sahabe Vol4) Once a woman named Khaula Bint-e-Saalba had a dispute with her husband. Both of them presented their case before the Apostle who advised the husband to keep himself away from her until the revelation of an instruction from God. At this Khula told the Prophet of God that her husband wouldt be able to survive in that case as he was dependent upon her for his living. A woman named Qaila told the Apostle that she was a trader and sought his guidance in the trade matters. Another woman, Amira narrates that once she went to the market along with her maid servant and bought a fish. Ali, the fourth Caliph of Islam was also there who bought that fish from her.
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There are many such incidents related in Tabqat Ibn-I-Saad Vol 8. The most authentic book on this subject. Souda, the Prophets wife was adept in the art of tanning. It is quoted in Bukhari that once her sheep died, she put its skin off, got it tanned and softened it with dates. During that period women performed several tasks collectively as well. The Bokhari kitab-ul-istehsan unfolds that once many women visited the Apostle and requested him to allocate one day in a week for their religious training. The Prophet thus accepted their request. Asma Bint-IZahid was good at rhetoric. Once women designated her their representative and sent to the Apostle to make some queries (Al-istaab Fi-Al-Sahab) Women were entrusted with certain responsible positions as well and they proved their worth. For example Umar, the second Caliph of Islam appointed Shafa Bint-e- Abdullah as the Price control officer. After having known this fact that men and women are equal to each other with reference to religion, conduct and all human rights, some questions arise on the seenaries. Firstly, what is meant by the statement that Hawwa, the first ever woman of human race was born from the ribs of Adam. Secondly, how can it be justified to say that men are leaders of women. Thirdly, whether the recompense for a female blood in half to that of a man. Fifthly, if a womans evidence is considered half to that of a woman by the court of law. Keeping in view the subject of this chapter its seems appropriate to explain the first questions first now, the rest would be discussed in detail in the relevant chapters. The Quran Says: Ohumabeing have fear of your Lord who created you from a single soul. From that soul He created its mate, and through them He bestrewed the earth with countless men and women. (Al-Nisa 4, Verse-1) There can be two possible explanations for the words, From that soul He created its mate. First, this mate was created from that very soul and second that its mate was created through its race. As per first possibility Adam was created first and Hawwa was created out of him. Second possibility shows that an image of Human being was created first and out of that image Adam and Eve were created separately.
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There is an established rule for the proper understanding of the Quran: if a Quranic Verse does not unfold its meaning at one place all other verse on the same topic should be studied for the proper comprehension. For example the following verse of Al-Nihal. Allah has given from among yourselves your mates, and through them He granted you sons and grandsons. He has provided you with good things (Al-Nahal-16,:72) This verse conveys the sense that the wives are created from the race of human beings and not from the ribs of their husbands. Another verse of Al-Rum says: And of His sings is that He gave you mates from among yourselves, that you might live in tranquility with them. And put love and kindness in your hearts. Surly there are signs in this for thinking people. (Al-Rum 30-21) When we try to understand the meaning of the verse-1 of Al-Nisa in the light of the above quoted verses, the real sense of the matter becomes crystal clear. It is so because no part of the Quran is contradictory to another, rather the whole book gives the same sense. Now we turn towards the reference books. One hadith is related through the refrence of Abu Huraira and put down in the book of Hadith like Bukhari Kitab Nikah, Kitabul Ahadis-ulAnbia and Muslim- Kitabul Razaat. The wording of the reference is different every where as it was quite natural that a person heard something from the Apostle and related it to a person of the next generation and so on. Thus this Hadith reached the compiler of the book of Hadith two hundred years after the death of the Prophet. It is obvious that the wording of the saying is not the same when it passes through this process. The main motive behind all this is to convey the sense understood by the listener. Thus it is important and essential that every Hadith be understand in the light of the Quran which is the most authentic and basic document of Islam. While studying Hadith, all relevant Hadiths must be kept in mind and no separate meaning of one Hadith should be derived in order to avoid any doubt.

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After this brief discussion it becomes easy for us to reflect upon the above mentioned Hadith. The only narrator of this Hadith is Abu Huraira. It seems as if the Apostle was advising the people to treat their wives well and try to pull on with them. They should not try to mould them according to some strict regulation and tackle them wisely. If their wives start complaining, suspecting and creating problems for them, even they should try to convince them and satisfy them with love and politeness. Therefore the Apostle expressed the womens psychology as like rib. If it is tried to be straightenit it might break. Thus if a woman is pressed to lead her wife according to some strict code of rules, it might result in divorce. Obviously, it is a fine example to make people understand. The Quran and the Hadith are full of such examples and they always accord their idiomatic sense. So the different narrators have expressed the same statement in different words: women is like a rib. This reference recorded in Kitab-al-Razzat of the Muslim seems to be reflecting the real words. Rest of the narrators reported it according to their understanding and taste. If we study it as a whole, it becomes clear that it is merely an example because none of the references mentions Everather Women as community has been talked about here. Every one knows the fact that women are not born from the ribs of men, rather they pass through all stages of birth like men. Thus, the above discussion proves that there is no such concept in Islam that women is inferior to man and is subservient to him as she is born from his ribs.

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Chapter-2

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MANNERS FOR MAN-WOMAN INTERACTION This is an aspect of Islam which has been made complicated, contradictory and misunderstood due to lack of understanding on the part of certain circles. At times, Islamic teachings are confused with the local rituals and customs. It is therefore necessary to present the original teachings of the Quran and Hadith in a vivid manners so that a man of logic may accept it virtually and the one who denies it must be awarness of its weightage too. First, we will relate our point of view in this context and then the opinion of the two very eminent scholars will be analyzed so as to bring both positive and negative aspects before the readers. The most important aspect in the social concept of Islam is the unit of family as the foundation of society. The family is formed of the sacred and pure relationship that there must not be any illicit contact between a man and a woman before marriage and after marriage the sexual contact must be limited to the husband and wife. This would save this beautiful relationship from any kind of disintegration and the whole society would be based on solid grounds. (All those matters will be discussed in the chapter titled Islams concept of family) In order to safeguard the relationship of husband and wife, Islam has ruled out any kind of illegitimate relationship. The muslims were directed about this in the very initial period of Islam. You shall not draw near to adultery, for it is foul and its way is evil. (Al-Isra17:32) Therefore, under this guideline, God determined such manners for the mutual contact of men and women which would save the society from becoming sex-free and morally bankrupt and the social requirements and interests also remain intact without imposing undue restrictions upon women. These manners manifest the Islams concept of modesty. From a womens point of view all men can be divided in three groups. First group includes the close relatives like father, husband, brother, son, uncle, nephew, grandfather, father-in-law etc. second group includes all remote relatives, family friends, work mates, teachers, students, class fellows, neighbors, physicians, co-travelers, domestic servants etc. Third group is comprised of all those who have no connection with a woman in ordinary circumstances.

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The places can be categorized into two circles. The first circle is her own home and the houses of her close relatives. Second circle has the places like the houses of her remote relatives and friends while the places like her office, educational institutions, business centers, hospitals, hotels, restaurant, public transport like bus, train and aero plane etc. For all above categories and circles Islam has maintained such appropriate manners which help the society get protected from any illegitimate act and do not cast any obstacle in the path of a woman. Therefore, first the Quranic teaching regarding the mens circles will be described here which says that woman can appear freely and causally before her close relatives without any restriction even with all her adornments. However, the manners pertaining with modesty and common sense must be observed. The believing women must not reveal their finery except to their husbands , their fathers, their husbands father, their sons, their steps sons, their brothers, their brothers sons, their sisters sons, their own, women and the slaves they posses, male attendants lacking in natural vigour, and children who have no knowledge of sex. (Al-Nur, 24: 31) The above verses also mention slaves. Later in this book, we shall present Islams point of view about slaves. Besides this, the words male attendants lacking in natural vigour have also been used. It indicates towards the male servants who are so deep under the influence of a family or the woman herself that they cant even think of any sexual contact. Obviously, the category of the domestic servants seems a bit vast and broad. It is so because the Quran, intentionally uses the words with different shades of connotation so that it should be easy to act upon them in all circumstances. It is advisable for others to seek the permission of the husband and wife before entering their room when they are alone inside: Believers let your slaves and those who have not come of age ask your leave when they come in to see you on three occasions: before the morning prayers, when you have put off your garments in the heat of noon and after the evening prayers, These are the three occasions of privacy. And when they have reached the age of puberty, let your children still ask your leave as their elders do. Thus Allah makes plain to you His revelations. He is Wise, Knowing. (Al-Nur 24, 58-59)
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Next we discuss about the people of the second circle who are frequently in contact with a woman owing to relationship, family contacts and business affairs though not closely related to her. Obviously such a meeting can take place either at home or at a public place. When a person from such a circle visits another person, he must introduce himself before entering the house and should only enter if he is allowed for that. It is obligatory upon all men and women to wear a modest dress on such occasion and show modesty through their looks and style. The women should not reveal their adornments, rather conceal them if possible. They must draw their shawls upon their bosoms but the old women are exempted from this binding. If they have put on a jewellery causing sound, they should be careful while walking and not pace with pounding steps. The real motive behind these instructions is the care so that such meeting and conversation should not breed any lusty feeling. However, any family can treat an invalid person or a patient as member of family. With in the limits mentioned above men and women can even dine together and enjoy all social and recreational activities. There are no undue restrictions upon their healthy and positive recreation. There is no binding of introduction or seeking permission at a public place. (However the code of rules declared by the administration of the particular place must be abided by). Men and women just have to keep in mind the manners of such places mentioned earlier: Believers, do not enter the dwellings of other people until you have asked their owners permission and wished them peace. That will be best for you. If you find no one in them, do not go inside till you are given leave. If you are refused admission, you should go away; Allah has knowledge of all your actions. It shall be no offence for you to seek shelter in uninhabited dwellings which can be of use to you. Allah knows what you hide and what you reveal. Say to the believing men to turn away some of the gazes and to restrain their sexual desires. This will make their lives purer. Allah has knowledge of all their actions. Say to the believing women to turn away some of the gazes and to preserve their chastity; to cover their adornments except such as are normally displayed; to draw their shawls over their bosoms And let them not stamp their feet in walking so as to reveal their hidden trinkets. Believers, turn to Allah together in repentance, that you may prosper. ( Al-Nur 24, 27-31)

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These verses are very clear. However a few words require our attention a bit more. Ask for owners permission means to introduce oneself and show identity. One should introduce oneself at the door, wish peace to the dwellers and seek permission to enter the houses. Houses means the dwelling places where ones family lives. It is an established fact that there was not a practice of having drawing room for male guest during the days of the revelation of the Quran. Thus a guest allowed to enter the house can see all inhabitants. Uninhabited dwellings mean the places like shops, inns, hotels, hospitals, educational institutions, offices and drawing rooms for male guests. Turn away some of the gazes mean not to cast bold and lusty glances upon others. God does not want to impose restriction upon anyone to look at others but teaches people to show modesty in their looks. Preserving the Chastity means that one must wear a civilized dress that covers ones body in the desired sense. Obviously this instruction is both for men and women. The word adornments means all the things worn by women upon their bodies for the purpose of beautification like jewellery and embroidery. The women are directed not to reveal their adornments when they are together with men at public places. There is an exception here that she has to conceal only those adornments which are normally not visible. We can observe that the words used in the Quran are the most appropriate ones and could not be replaced by other ones. If a word seems to be broad, it is an intentional arrangement in order to show a relaxation so that the people can act upon it according to their trends, taste, temperament and circumstances and should not feel their way and actions restricted. Every woman has the right, in such case to act upon the sense she deems right. For example a large number of jurists including Aisha the wife of the Holy Prophet (PBH) and Ibn-i-Abbas the companion of the Holy Prophet (PHB) are of the opinion that a woman can reveal her face and hands with all adornments and beautification. Zimikhshari, the great Quranic commentator holds the same opinion. The words, Draw their shawls on their bosoms convey the sense of a shawl worn by them over their clothes to conceal the prominence projected of their bodies. The Quran directs the women to cover their bosoms with such a cloth. The question arises here whether it is obligatory upon women to cover their heads too. The usual cultural practice in Arabia during the Prophetic period was that women used to cover their heads with such clothes. Therefore it is generally believed that the women should
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continue this practice as it has become a symbol of the muslin culture and it is a precautionary measured too. However, it is a fact there the Quran issues no clear instructions in this regard otherwise the direction of covering bosoms could have been coupled with covering of heads too. Thus covering of head is desirable but not compulsory in shariah. (All references relating to this issue will be discussed in the forthcoming chapters) The words let them not stamp their feet in walking so as to reveal their hidden trinkets convey the sense that even the hidden adornments should not be revealed. A woman should walk so gracefully before men that her adornments and the features of her body must not be revealed. After the revelations of the instructions in the Al-Nur: 27-31,several questions arose in the society. One such question pertained with the invalid and shelterless people who were generally treated as the members of family by some kind people who settle them in their homes. Second question pointed out the situations when women are bound to dine with men on some occasions when no separate arrangement for women in possible. The Quran answered all such questions. It was elaborated here that such invalid and shelterless people can be settled in houses and they can be treated as the close relatives. It shall be no offence for the blind, the lame, the sick and yourselves to eat at your table. Nor it is an offence for you to eat in your houses and the houses of your fathers, your mothers, your brothers, you sisters, your paternal uncles, you paternal aunts, or in houses with the keys of which you are entrusted, or in those of your friends. It should be equally lawful whether you eat together or apart. When you enter you houses, salute one another with salutation from Allah, blessed and kind. Thus Allah makes clear to you His revelations so that you may understand. (Al-Nur 24:61) Hence it becomes evident that Islam does neither puts any restriction on social contacts and liberties nor limits them, rather intends to strengthen them. It desires that people should meet mutually and dine on individual levels as well as collectively in the public meetings. This verse mentions men and women relatives and family friends together. Obviously they can exchange their views in a graceful and modest way on such occasions. There is another important issue. Do the old women and the spinsters too have to follow the restrictions imposed upon other women?
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There was an elaboration revealed in this context that they too should notreveal their adornment yet they are not bound to observe the taking of shawl. However, it is desirable that they should take care in this regard. It should be no offence for old spinsters who have no hope of marriage to discard their cloaks provided they do not reveal their adornments. Better if they abstain (from this). Allah hears all and knows all (Al-Nur 24: 60 Next are the men for the third circle who have, generally no direct link with women. It is obvious that such an interaction can take place only in some street, market or any other unfamiliar spot. The Quran has laid down the guidance at different places on its pages in this context. These principles direct men and women to avoid any kind of vulgarity, moral misconduct and an action contradictory to social practice and culture.: (Successful indeed are the believers) who turn away from vain talk (Al-Muminun 23: 3) Allah enjoin justice, kindness and charity to ones kindred, and forbids indecency, wickedness and oppression. He admonishes you so that you may take heed. ( Al-Nahal 16: 90) These instructions are for men and women alike. The Apostle drew the attention of the muslims to the sideof this issue from time to time. For example the Apostle forbad men to cast the second glance polluted with lust upon women if they see them by chance anywhere, rather they should continue with their business without disturbing and causing trouble for the female passers by. There is a Hadith related by Jareer: I asked the Apostle what I should do if I see a woman without prior intention. The Apostle told me to turn my eyes away. (The Muslim kitab-ul-Adab) This Hadith is obviously about this third circle. This is why an accidental glance is mentioned here and it can only be for a passer by or a stranger woman. Unlike this the persons of the second circle have been directed not to cast lusty glance on the opposite sex. There is another Hadith related by Bareerah:

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The Apostle told Ali, Do not cast the second glance after the first glance taken per chance. First glance can be pardoned but the second glance is disallowed. (The Muslim kitab-ul-Adab)

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This instruction of the Apostle is also related with the strangers and female passers by as the persons in the second circle may have to talk to each other with the eye contacts. In the same way the Apostle directed the women also to wear a modest dress in streets and bazaars. The Prophet said that the women who remain naked even after they have put on clothes, tempt others and get themselves tempted and cast their necks aside like intoxicated camels while walking, will not at all enter the paradise nor will even smell it. (The Muslim Ktiab-ul-Al-libas-w-zinatah) SPECIAL INSTRUCTIONS FOR THE APOSTLES WIVES We know that instructions for the apostles of God are different from those for other persons. In some cases they are imposed more restrictions upon while they are relaxed in some other cases so that they can easily perform their duty as an Apostle. This is why the code of law for the Apostle Muhammad (PBUH) was quite distinguished from that of other people. For example tahajjud (midnight prayer) was obligatory upon him while it was not binding for others. In the same way the laws of marriage and divorce for him were also different from those meant for rest of Ummah. Being the wives of the Apostle, certain laws for them were also different from those for other women, it was so because they were entrusted with the duties of educating other Muslim women.Thus for the accomplishment of these duties, they were imposed upon stricter regulations. For example they were directed to stay at their homes so as to accord any guidance needed by any women at any time. They were also not allowed to reveal their adornments before others. They were not allowed to remarry after the death of the apostle and they were declared as the mothers of all Muslims. They were imposed upon certain other restrictions to keeping in view the circumstance. They were directed not to show mildness in their conversation while talking to other men. They were asked to talk to other men nothing more than it was required. In the same way all outside the closest circle were prohibited to enter the homes of the apostle unless invited for food. They were advised to leave the homes of the apostle immediately after having taken food. All these instructions have been revealed in AlAhzab.
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It is important to note the background for these additional restrictions upon the apostle and his wives. A careful study of Al-Ahzab can make the reason clear while the study of hadiths adds to our knowledge about the background of these impositions. In fact those were the day when the hypocrites of Madina had been intriguing against even the personal life of the apostle in order to tarnish his image. These scandals have been discussed in the Quran. These scandalmongers tried to enter the house of the apostle in his absense and took liberty with his wives in order to get a way for scandalization and thus create a situation of conflict among Muslims. Therefore the Quran countered these efforts. The apostle used to see all visitors in mosque. Each wife of the Prophet had her separate room adjacent to the mosque and just a curtain partitioned both the places. Keeping of drawing rooms for the guests was not a practice those days. The hypocrites pretending to leave for drinking water, used to enter the house of the Apostle without permission. While the apostle had been in the mosque with visitors, they used to demand some eatable from the wives of the apostle and take liberty with them in order to scandalize the matter. Following these hypocrites some Muslims started committing the same therefore God forbade all to observe the practice. The Quran says The Prophet has greater claim on the faithful than they have on each other. His wives are their mothers. Blood relation is closer to one another in the book of Allah than to other believers or migrants. Although you are permitted to do your friend a kindness that is decreed in Allahs book Wives of the Prophet those of you who commit a proven sin shall be doubly punished. That is not difficult thing for Allah .But those of you who obey Allah and his apostle and do good works shall be doubly rewarded; for them we have made a generous provision. Wives of prophet you are not like other women. If you fear Allah, do not be too complaisant in your speech. Lest the treacherous- hearted should be moved with desire. Show discretion in what you say. Stay in your homes and do not display finery as first ladies used to do in former days of ignorance. Attend to your prayer, give alms to the poor and obey Allah and his Apostles. Allah only wishes to remove uncleanness from you members of the family and to purify you revelations of Allah which are recited in your houses and wisdom,. Benignant is Allah and all knowing believers Do not enter the houses of the
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Prophet for a meal without waiting for the proper time, unless you are given leave. But if you are invited, enter; and when you have eaten, disperse. Do not engage in familiar talk, for this would annoy the Prophet and he would be ashamed to bid you go; but of the truth would Allah is not ashamed. If you ask his wives for anything, speak to them from behind a curtain. This is more chaste for your hearts and their hearts. You must not annoy Allahs Apostle, nor shall you ever wed his wives after him, this would be a grave offence in the sight of Allah if the hypocrites and those who have disease in their hearts and the scandal-mongers of Madinah do not desist, We will rouse you against them and they will be you neighbors in it only for a while.(Al-Ahzab 33: 6, 30-34, 53, 60) Whosever studies the above Quranic verses with his mind as a clean slate, will find no difficulty in understanding their meanings. However, some words and sentences interpreted have been in different manners by some circles. It is proper that we discuss these portions first. The first thing to be understood is whether the instructions used through the above verses a for all muslim women or exclusively for the wives of the Prophet. In fact the Quranic words are so clear that they leave no ambiguity: Wives of Prophet, you are not like other women. Some people still believe that the general muslim female community has been addressed here. The first argument tendered in this context is that it is merely an addressing style just as a noble person advises his child in this manner, My son, you are not a street boy; you must not abuse anyone. The second argument says that since some of the instructions in the verses e.g the observance of prayer and alm-taxes etc are meant for all Muslim women, in the same way these instructions also deal with the general lot. We, disagree with both the arguments. Talking on the first argument, we must keep in mind that no one else can have better command on Arabic than God. It can not be even doubted that the meanings desired by God are not conveyed by the vocabulary chosen by Him and thus convey an ambiguity in the minds of the readers. It is beyond possibility that God uses ambiguous words while issuing forth such an important instruction. Secondly, it is explicit through the Surah itself that these revelations are meant for the wives of the Prophet: The Prophets wives are the mothers of all the muslims. (Al-Ahazab 33:6)
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Then they are addressed as under: O Prophet, say to your wives: if you seek this life and all its finery (Al-Ahzab: 33:28) They are informed of the law made for them: Wives of the Prophet! Those of you who commit a proven sin shall be doubly punished. That is no difficult thing for Allah. But those of you who obey Allah and His Apostle and do good works shall be doubly rewarded; for them We have made a generous provision. (Al-Ahzab 33-31) The incident of Zaid (The Prophets adopted son), his wife and the Prophets marriage with Zainab has been analyzed in the Verses 50-52. And the special laws formulated for the Prophet and his wives have been highlighted. These laws are quite different from those meant for other Muslims. Whenever required general Muslim men and women are addressed in very clear manner leaving no confusion behind. For example: For Muslim men and women, for believing men and women (Al-Ahzab 33: 35) It is not for true believers men and women ------------------------------------ (Al-Ahzab33: 36) Believers (Al-Ahzab 33, 41-44, 49) Then God issues an instruction to all Muslim men and women without any exception: Prophet, enjoyn your wives, your daughters and the wives of true believers . (Al-Ahzab 33, 59) The above references make it clear that instructions of the Quran meant for the wives of the Prophet cannot be considered applicable upon others as general instructions. So far as the second argument mentioning the verses with the observance of prayer and alm-taxes is concerned, it can not made a plea that since these are the instruction meant for all people, all other instructions are also meant for all muslims. It is a baseless argument. In fact, the duties of offering prayer and paying alm-taxes are of such a grave nature that God advises all to observe them on all occasions. Even the Prophet of God has also been directed to draw his attention towards these religions bindings: Proclaim the portions of the Book that are revealed to you and be steadfast in prayer. (Al- Aukabut 29, 48) Every reader of the Quran knows that numerous Quranic orders are exclusively for the Apostle. He has a special status. For example, it has been declared in the Quran on several occasions that the people denying the
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teachings the Prophet will be inflicted upon heavy punishments. Everyone knows that such a punishment cannot be inflicted upon anyone for denying anyone else. But on the basis of the above quoted verses of Al-Ankabut, if it is claimed that since offering of prayer is not an exclusive instruction to the Prophet and thus all orders addressed to the Prophet meant for him are also for all muslims, it would be totally baseless and false. Next is the verse notable: (Wives of the Prophet!) Do not be too complaisant in you speech, lest the treacherous hearted should be moved with desire. (Al-Ahzab 33: 32) As already discussed, the hypocrites of Madinah always tried to scandalize the personal life of the Prophet and his wives. For this purpose they maneuvered to take liberty with the wives of the Apostle. Thus, in order to prevent them from accomplishing their evil designs the wives of the Prophet were ordered not to be frank with anyone else and avoid being complasat in their speech. Obviously, these instructions were also exclusively meant for the Prophets wives because Islams general moral instructions teach everyone to talk in a soft, nice and sympathetic way with every one else. For example: Talk nice to others. (Al-Baqra 2: 83) Tell my servants to be courteous in their speech (AlIsra 17, 53) It obliviously means nice words, good phraseology and polite style and tone. Next is the instruction, stay at your homes. It means that it was the status of the Prophets wives to avoid roaming around and go in the general functions like other women. The reason for this restriction has been described in the Quran. Since the real job of the Prophets wives was to receive direct guidance from the Prophet in all matters and impart it to all women. Thus it was necessary for them to be available at their homes whenever needed by the muslims women. The Quran relates it in such a manners: And promote the teachings of Allahs revelations and the words of wisdom acquired by you at your homes. Obviously this was an exclusive order for the Prophets wives because an ordinary woman has no binding in going to market, having recreation and participation in functions. Next is the instruction: Do not reveal your adornments like the past days of ignorance.
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The Arabic word for reveal means to be prominent and reveal dominantly. The First Ladies in every regime are always quite prominent due to their grandeur, ornament, dress, style and a train of servants. It was in particular very common in the days of ignorance before Islam. The Quran told them that they were not only the first ladies but were also the wives of an Apostle. Therefore they were ordered not to reveal their majesty, grandeur and adornments like the days of ignorance. Their factual duty was to impart Islamic teachings to other women. This order was also peculiar with the Prophets wives as the instructions about showing their adornments are different for other women. They are allowed to reveal their adornments. (See Al-Aaraf 7: 32). Obviously, being born with the nature of a woman, they would try to look prominent in the company of women by revealing their adornments. The Quran has indicated towards it on several occasions. Next came the instruction that, if you ask for anything from the Prophets wives, speak to them from behind the curtain. This instruction attached a distinguished status to the house of the Prophet and all people except the closest relatives were disallowed to enter. As already explained, the room of each of the wives of the Prophet was adjacent to the mosque and just a curtain partitioned the both. The hypocrites, with an aim to scandalize the life of the Prophet and his wives tried to get a glimpse of the holy ladies without letting them know before hand. They also entered the houses of the first ladies on the plea of drinking water or for anything else. Some nave Muslims also started following this practice. Thus all people except the closest relatives of the ladies were ordered not to enter their houses: It shall be no offence for their fathers, their sons, their brothers, their brothers sons, their sisters sons, their women and those whom their hands possess if they enter the rooms of the Prophets wives. (Al-Ahzab 33, 55) Although no one could enter into a bond of marriage with the Prophets wives even after his death yet none was allowed to enter their houses except their closest relatives with permission or without permission. This was also an exclusive order for the first ladies as all other Muslims can enter the houses of others with permission as described in Sura Al-Nur. The word Hijab (Curtain) has been used in this sentence. The Urdu speaking people of the Indo-Pak Sub-continent consider it a veil to cover face. This is not correct. Hijab means the curtain hung on the outer door in order to keep the privacy of the house intact. All translators and interpreters
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of the Quran have a consensus on these meanings. This point is important in the context that all related Prophets sayings must be understood keeping this meaning in view. The verse is named the verse of Hijab because a curtain was drawn between the Prophets wives and the mosque and peole were not allowed to cross it. The same meanings have been taken in the references of the Muslim and the Bukhari. It shall be discussed later in this book in deatal. Special Instructions about Unsafe Places: During the prophetic period, several Jews and hypocrites used to live in Madina and its outskirts. Whenever Muslim women passed from their localities, the mischievous ones among them used to pass remarks on them and tried to embarrass them. Later they used to make an excuse that they had mistaken them for their women. A detailed analysis of the michiefs of the Jews and the hypocrites has been revealed through Al-Ahzab. In this context, the Muslim women were advised to take a big and long cloth as shawl over their clothes while passing through an unsafe place like the one mentioned above. It will counter the evil designs of the trouble-mongers. Those days it was a common practice among the nobility of Arabia that women used to cover their heads and bodies with the help of a big shawl in order to get protected from the morally distracted people. The Quran, thus taught a protective measure to the women for their safety. Those who annoy believing men and believing women undeservedly shall bear the guilt of slander and gross sin. Prophet, enjoin your wives, your daughters and the wives of true believers to draw their shawls close round them. That is more proper, so that they may be recognized and not molested. Allah is Forgiving and Merciful. If the hypocrites and those who have disease in their hearts and the scandal-mongers of Madinah do not desist, We will rouse you against them and they will be your neighbors in it only for a while. (AlAhzab33, 58-60) Annoy undeservedly means teasing women, passing remarks on them and cutting vulgar jokes with them and thus causing trouble for them and the men of their families. The words, draw their shawls close round them convey the sense of drawing a big cloth round them so as to cover their heads. It might give the sense that head should be covered with or without concealing the face. The Quranic words used here has vast meanings and
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give relaxation. Obviously the gravity of a risk is not the same every where. Some places are quite safe. There is also a difference between familiar and unfamiliar places. The situation with a woman also makes difference. A woman with a lot of luggage and accompanied by children finds it inconvenient to cover herself with a large shawl. Age of a woman is another factor that counts. These were the reasons for which words with vast meanings have been used in the Quran. Otherwise God was not short of words. Next are the words, So that they may be recognized. These were the instructions so that they may be recognized as modest woman at strange places. It is already stated that the women of noble families used to take a large shawl known as Jalbab over their heads and clothes even before Islam. It is general impression that the Pre-Islamic Arab Society was morally bankrupt. The fact was contrary to this. The women of some families belonging to lower classes had no doubt flaws in their characters but female community of the noble families used to observe all moral values even before Islam. The poetry of that period refers to this factor at length. Thus God desires that women should wear the dress worn by modest women of any society while passing through unsafe places. Next words, so that they may not be molested make it clear that the main motive is to protect women from attitude of vulgar people. Hence it is a precautionary measure at unsafe places. These measures are not necessary for safe places and familiar paths. However, women are directed to conceal their adornments and protect their chastity even at these places. Like men, they are also directed to dress themselves up gracefully and modesty. Next are the words, the hypocrites and those who have disease in their hearts and the scandal-mongers of Madinah. These words prove that the above mentioned instructions to women were meant to counter the propaganda of the hypocrites, enemies of Islam and trouble-seekers. The above given explanation highlights the point that the verse 59 of Al-Ahzab, in fact directs the Muslim women to wear a civilized and graceful dress which is in vogue in their society so that the vulgar people may not get an opportunity to tease them. Hence, this is not a permanent part of the instructions in the context of the manners for correlation of men and women, rather this is a precautionary measure to be observed in extraordinary circumstances. Man-women correlation: Description and justification of the references: (Hadiths) We observe that the Quran has laid down vivid instructions about the correlation of women and men in a mulim society. When we consider all
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those references in the books of Hadith in the light of these instructions, their original context becomes clear and an apparently visible paradox in them is removed too. In fact, all Hadiths should be studied, as a principle, in the light of vivid Quranic instructions. It seems proper to consider all other issues in this context. So far as the first and the closest circle of a woman is concerned, the necessary details have been related in Sura Al-Nur of the Quran. However, some more questions arise in this context. First is the question if there should be any such precaution in the relationship of husband and wife. The Quran lays no hurdle between husband and wife because they are garbs of each other. As body is not concealed from the dress, the husband and the wife has the similar examples: They are apparel to you as you are an apparel to them (Al-Baqara2, 187) However, some Hadiths related in this context create an impression as if husband and wife should also take care of their dress and should conceal their bodies from each other but these references are not reliable. The first Hadith is related as under: When you visit your wife, take care of your dress and dont get naked like donkeys. (Ibn-e-Majah-kitab-ul-nikah) It is mentioned by author that the reference of this Hadith is not authentic. Second Hadith is said to relate by Ayesha, the Prophets wife: I never saw the Prophet in naked condition. This Hadith has also been quoted in Kita-ul-Nikah of Ibne-e-Majah and has been taken from an unknown servant of Ayesha. Thus it is also an unreliable Hadith. Second is the question what care a woman should take in her closest circle other than her husband regarding her clothes. The Quran allows a woman to reveal her adornment in her closest circle. It proves that a woman can appear before the men of her closest circle in a casual dress. She may keep her head uncovered. She can tuck up her trousers from ankles and her shirt from elbows. A Hadith is quoted in Abu-Daud that once the apostle visited his daughter, Fatima along with a servant. She had a shawl not large enough to cover her head and feet both. The Prophet, on seeing her in difficulty told her not to worry as she was just before her father and a slave. According to another reference of the Muslim and Bukhari once the Apostle visited Fatima, his daughter and Ali, his son-in-law. It was night and the couple had gone to their bed. They were wrapping a cloth around their bodies which was not long enough to cover their heads and feet. The Prophet stayed with them for some time in this state too.
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The above references give us an idea about the frankness observed in the closest circle. But there are five references which have the matter unlike the above fact. All these references are weak and hence unreliable. First reference is as under: The Prophet said that Muslim women should not reveal her arms more than half of her palm. This reference has been quoted in Ibn-e-Jareer related by Qatawa but the previous source is unknown and the linking source of this Hadith is missing. Such a Hadith is called Mursal which is a weak Hadith and hence fails to prove anything. Second Hadith says: A woman, after having attained puberty should not reveal any part of her body except her face and arms up to wrist joints. This Hadith has been quoted by Abu-Daud in his book Murasil. The name of the book itself makes it clear that the middle link in the narration is missing. Thus this Hadith, as well cannot be taken into account, as it is a weak reference. Another important thing to be noted over here is paradox between the two above quoted references. The first reference relates that a woman is allowed to open half of her arms while the second reference talks of opening it up to the wrist joint. As per third reference related by Ayesha, the Prophets wife, once she appeared before her nephew, Abdullah Bin Tufail with her adornments and the Prophet disapproved it. She argued that Abdullah was her nephew. The Prophet said, A woman must not reveal her body except her face and her arms from the point of their grip up to middle of palm. This Hadith has been quoted by Ibn-e-Jareer. It is related by a person named Ibn Juraih. It is clear that time period between the two personalities differs and thus at least two middle links are missing. So it is also a weak reference. According to the fourth reference, once Asma, the sister of Ayesha came before the Prophet while she was wearing very thin dress and the Prophet turned his face aside and said, it is not good for a woman to reveal any part of her body except her face and palms of her hands after she has attained puberty. This reference has been recorded by Abu Daud who says that it is not a well linked reference because it has been related to Khalik Bin Dareek who heard it from Ayesha while the collectors of Hadith affirm the both the persons had never met each other. Another relater of this reference is Saeed Bin Bashir who is not considered a reference. Thus it is also a weak reference.

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Fifth reference says that once a woman named Hisfsa visited Ayesha with a thin cloth as a shawl. Ayesha tore it into pieces and gave her a thick shawl to take over her clothes. This reference has been related by an unknown woman named Ummi-Alqamah and recorded in Mauta Imam Malik. It is also a weak reference. It must also be kept in mind that it is just the incident to the prophets wife which exhibits her taste and the Prophet is nowhere mentioned in this reference. At times, a sixth reference is also quoted. The women who remain naked even after having dressed themselves up are cursed by God But this reference has not been recorded in any book of Hadiths. After having presented the two Hadiths in the beginning of this discussion and making an analysis of the next five weak references, it shows that a woman can appear in her closest circle in a frank manner and there is no restriction upon them except the rules of the time and the traditions of the society. Now we come to the second circle which includes all relatives, family friends and work-mates. The Quranic order in this context have been already presented through Surah Al-Nur, verses 27-31. Now we shall discuss further with reference to the Hadiths. As per one Hadith recorded in the Muslim and the Bukhari once a very beautiful woman visited the Prophet for some query in religious matter. At that time a handsome young man Fazal Ibn-e-Abas was present there. Both Fazal and the woman had repeatedly eye contacts with each other. On seeing this Prophet turned the face of the Fazal aside by holding his chin. This Hadith makes two things clear; the woman had her face uncovered and the Prophet taught the manner for being in the society of a woman. Another incident is relatd by Jabir and quoted in the Muslim and other books. Jabir related that once on Eid prayers the Prophet, after preaching the men went to the female side and gave away his pieces of advice. On hearing them, a woman turned faded and her complexion grew dark and she further put a question regarding that matter. It is evident that the woman had not covered her face so that Jabir was able to witness her facial expression and relate it afterwards. Another Hadith is related by Sahl Ibne Saad and has been recorded in the Muslim and Prophet and Bukhari. Once a woman come to the requested him to marry her. The Prophet looked up towards her and his eyes stayed there for some time and then he kept his eyes low. It that the woman had not covered her face.
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According to a reference recorded in Kitab-ul-Soum of Abu Daud and related by Ummi-I-Hani, the first cousin of the Prophet, on the day of the conquest of Makkah Ummi-I- Hani was sitting on the right side of the Prophet while his daughter, Fatima on the left side. A maid servant brought some drink and Umm-I-Hani presented it to the Prophet. The Prophet drank some of it and gave the rest to Umm-I-Hani and then they started talking. This proves that the first cousins can sit in the same place, chat and dine together without concealing the face while abiding by the manners described in Al-Nur. Ayesha relates that when Sura Al-Nur was revealed, all women prepared shawls for themselves immediately. Next morning, all women present in the Prophets mosque for the Fajor prayer were taking in the shawl. The point to be noted here is that those women were taking shawls on their bosoms instead of Jalbab because they were at a safe place. This Hadith has been recorded in Kitab-ul-Libas of Abu Daud. Another Hadith is recorded in Muslim, the Bukhari and other books. According to this an Ethiopian delegation came to Madinah in the 7th year of Hijrah. Some of the delegates gave their performance for recreation on Eid day. The Prophet let Ayesha see that performance. This indicates that women can watch players and can enjoy under the instructions of Al-Nur. Tirmizi and other books have recorded a Hadith. Mughira Bin Shaaba relates that once he proposed a woman for marriage through some one. The Prophet advised him to see her first as it would have been better for both of them to breed love between them. Abu Huraira relates that once he was sitting with the Prophet. A resident of Madinah came and told the prophet about his intention to marry a local woman. The Prophet asked him if he had seen his proposed wife. The man answered in negative. The Prophet advised him to see her first as the madinites had, generally squint in their eyes. This Hadith has been recorded in the Muslim, Nisai and other books. According to a reference in Kitabul Nikah, Abu daud, Jabir bin Abdullah relates that the Prophet said, whosever intends to proposed to a woman should possibly see her first whether she has something to attract the man to marry her The above instructions can only be implemented when there is a society practicing the directions laid down in Sura Al-Nur and covering of face in a safe place is not observed. If a woman covers her face all the time, it would not be possible for her to reveal her face to the suitor specially when the chances of getting the proposal materialized or not are equal.

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We can also infer through the Quranic instructions that a man may propose a woman for marriage even directly. It has been told with clarity in the verses 234-235 of Al-Baqara that a woman becoming a widow must not marry till she spends a four months and ten days. After the lapse of this period she can marry again. Then men are informed that they may express their intentions of marriage before such a woman during this period in an indirect way and can marry them after the stipulated period of wait is over, with their consent. Obviously, this instruction can be acted upon when the men and women had opportunities of meeting each other: And those of you who die and leave wives behind, such wives should keep in waiting for four months and ten days after their husbands death. When they have reached the end of their waiting period, it shall be no offence for you to let them do whatever they choose for themselves provided that it is lawful. Allah is cognizant of what you do. It shall be no offence for you to propose marriage indirectly to such woman or to cherish them in your hearts. Allah knows that you will remember them. Do not arrange to meet them in secret and, when you propose them, speak to them honourably. (Al-Baqara 2, 234-235) According to reference recorded in Kital-ul-Salat of Abu Daud, the Prophet used to call on a woman Umm-I-Warqa. He had arranged for her a chanter of Adhan (Call for prayer) and she was allowed to lead the members of her family in prayer. Sahl Bin Saad relates, as recorded in Kitab-ul-Jumah of the Bukhari, that a woman owned her farms and fruit gardens. She used to grow vegetables near the bank of freshet. On Friday, when Sahl and some other Prophets companions visited her, she used to serve those vegetables and maize to eat. According to a reference recorded in the Muslim and Bukhari a companion of the Prophet Abu Usaid Saadi invited the Prophet and his companions on a marriage party. The food was served by Umm-I-Usaid, the wife of the host. She soaked some dry dates in a stone utensil for the whole night before the party and served it as drink to the Prophet after he had eaten the food. According to a reference from the Muslim a woman named Faitma Bint-I-Qais was divorced. She did not know where to spend the waiting period of four months and ten days. The Prophet first suggested her to live at the house of Umm-I-Shareek as she was a rich woman and famous for her hospitality. But the Prophet changed his mind by saying that she wouldnt
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feel comfortable there as that place was frequently visited by his companions. He gave her an alternative suggestion to live at the house of Ibn-e-Maktoom as he was blind man and she would live there comfortably. Uqba bin Amir relates that the Prophet advised not to visit women in isolation. One man enquired about the case of the brothers of a womans husband. The Prophet said, They are just death It has been recorded in Muslim and Bukari. According to another reference of the Muslim the Prophet said, From now onwards no man will visit a woman in the absence of her husband unless he is accompanied by one or two other persons. The above quoted two references prove that normally there is no restriction upon the interaction of men and women within the code of conduct formed in Al-Nur. However, since the Quran is strictly against adultery, no man and woman without a blood relationship should stay in isolation with each other lest they should melt away. The husbands brother can live in the same house, chat and dine together with their brothers wife but should not stay alone with her in a bedroom. Some people argue that the woman should cover her face in front of her brother in Law but it is not mentioned at all in the Hadith. If a man, in any case to go into a house where the husband is not present, the visitor may enter with the prior permission of the housewife. It is advisable that he should take one or two reliable persons with him in order to avoid any misunderstanding. According to Islamic etchings, women are exempted from compulsory military training. However, Islam encourages women to render allied services like dressing of wounds, cooking and safe-guarding the camps during war. It is obvious that they need training to perform these services and they have to interact with men. All such services are performed by observing the interactions laid down in Al-Nur but covering of face is not possible at all in such a training. Various Hadiths prove that the Prophets wives and women used to accompany the army and rendered the above services. This had been practice before and after the revelation of Al-Nur and Al-Ahzab. For instance a Hadith is recorded in Kitab-ul-Jihad of the Bukhari and related by Ayesha that the Prophet used to decide through draws which of his wives had to accompany him on any journey. Once she accompanied the Prophet as her name had come out through draw. This incident took place after the revelation of Quranic verses about Hijab (special instructions for the Prophets wives).

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Anas relates as recorded in Kital-ul-Jehad of the Muslim that the prophet used to keep Umm-i-Saleem and certain other women in his company at the time of war. These women used to provide drinking water to the soldiers and dress their wounds. Anas through Kitab-ul-Jihad of the Bukhari and Kitab-ul-Amarah of the Muslim that once the Prophet visited the house of a woman named Binte-Malham. He felt sleepy and kept sleeping for some time. On waking up, he smiled. Bint-e-Malham inquired the reason of smile. The Prophet told his dream to her. He had seen that some persons from his Ummah would be taking a voyage with an aim to participate in war. They would look like the crowned kings. Bint-e-Malham wished that she were among them and requested the Prophet to pray for the fulfillment of her desire. The Prophet told her that she would be among the leading ones. It is said that afterwards Bint-e-Malham participated in a battle and died while returning from war. In other reference recorded in Bukhari and Kitab-ul-Jihad of the Muslim, Anas relates that on the day of the battle of UHAD Ayesha and Umm-i-Saleem were providing drinking water to the soldiers. They were gathering the hems of their shirts and their ornament worn round their ankles were visible. Rabi Bint-e-Mauz relates through Kitab-ul-Jihad of the Bukhari that she along with other women used to participate in war by rendering the services like providing drinking water to the soldiers, shifting the wounded and the martyrs to Madinah and doing other useful services. According to Kitab-ul-Jihad of the Muslim Umm-i-Attiya relates that she had been with the Prophet during seven battles. She used to look after the tents of the soldiers, cook food for them, look after the wounded and provide medicine to them. It should be kept in mind that during the Madinite period, war was a matter of routine as the enemy had been always busy in hatching up conspiracies against the new Islamic state. Thus it was necessary for the assisting women to identify all Muslims as otherwise they could not have been able to make a difference between Muslims and the enemies because there was no distinction of dress and the battle were also fought hand to hand. In the same way the same duty can be performed today after having acquired necessary training. It is necessary to observe the instructions of AlNur but more restrictions would make this service impossible. In the previous pages, we have analyzed all Hadiths recorded in the most authentic books of Hadith like the Muslim and the Bukhari in the context of man-woman interaction. It is noteworthy that there is no
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contradictory Hadith. The Hadiths considered to be contrary to this erroneously are, in fact the description of the verse 53 of Al-Ahzab pertaining exclusively with the Prophets wives and a great number of them are weak in reliability. Their real context would be given on the coming pages. Now we have to consider the issue regarding the restriction of dress at the time of man-woman meeting. It is important to note that most of the Hadiths, in this context are unreliable. Only one Hadith is considered to be Hasan (better). There is not even a single reliable Hadith in this context. The references about women have already been discussed. So far as men are concerned the first reference has been recorded in Darqutmi and is as under. Abu Ayub Ansari relates through the Prophet that whatever is below the navel and ablove knees to be concealed. In fact this is a very weak and unreliable reference because one of its relaters same saeed Bin Rashid was unreliable according to Imam Bukhari and Imam Nisaiwas the case of another relater i.e Abad Bin Kaseer. Second Hadith has been recorded in Abu Daud and Ibn Majah. According to these books Ali relates a Prophets saying: Never reveal your thighs. Abu Daud expresses that a middle link in this Hadith is missing. Ibne Majah has recorded the name of Ibn Juraish who used to impart Hadith after having collected from the unreliable sources. Thus this is also a weak Hadith. Third is the reference of Tirmizi that the Prophet said, Never be naked because you have angels with you with the exception that when you visit your wives or go to the toilet. So respect angels.Tirmizi expresses that one of its relaters, Bass Bin Abi Salim was suffering from forgetfulness. Next is the reference recorded in Abu Daud and Tirmizi. Jarhad Aslami, one of the companions of Suffah relates that one day he was sitting in the company of the Prophet with open thighs. The Prophet disliked it and said, Dont you know your thighs are to be kept concealed and close? Al-Mujam-al-Kabir, after having writing down this Hadith expresses that it is not considered authentic one because some of its relaters are not reliable. However, if this Hadith is considered authentic even then it merely proves that no one should keep his thighs open in a mosque. As we know that the companions of Suffah used to stay in the mosque of the Prophet for the acquisition of knowledge. The Prophet was, in
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fact teaching the people at that time when Jarhads thighs were open, so the Prophet drew his attention towards it. It does not mean that thighs can not be opened in any case. After having analyzed all these Hadiths, now we find out what has been said in the Quran regarding manners of dress. Quran discusses this matter in Al-Aaraf-7: 20-33. We can get an impression about the desired meaning of the Quran through the study of above mentioned verses. According to the Quran, the Satan seduced man, first of all, through nakedness and the guilt of sin was realized by Adam and Eve after they became naked in front of each other. The Quran then addressing the whole mankind in general, says that dress is meant to conceal their parts of shame and to make them look nice. The dress worn in the fear of God is ideal. They must avoid being watched naked as it is obscenity. They must wear modest and full dress while they are in mosque. They can adorn themselves but should not wear obscene dress: But devil tempted them, so that he might reveal to them that which had been hidden from them of their shame. He said: Your Lord has forbidden you to approach this tree only to prevent you from becoming angels or immortals. Then he swore to them that he would give them friendly counsel. Thus he cunningly seduced them. After they had eaten of the tree, their shame became visible to them and they both covered themselves with the leaves of the garden. Their Lord called to them, saying: Did I not forbid you to approach that tree, and did I not warn you that the devil was your sworn enemy? They replied: Lord, we have wronged ourselves. Pardon us and have mercy on us, or we shall surely be among the lost? Children of Adam! We have given you clothing with which to cover your nakedness, and garments pleasing to the eye, but the finest of all these is the robe of piety. That is one of Allahs revelations. So that they take heed. Children of Adma! Let the devil not deceive your, as he deceived your parents out of Paradise. He stripped them off their garments to reveal to them their nakedness. He and his companions see you whence you cannot see them. We have made the devils supporters of the non believers. When they commit an indecent act, they say: this is what our fathers used to do before us. Allah Himself
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enjoined it. Say: Allah does not enjoin what is indecent. Would you tell of Allah what you do not know? Children of Adam! Dress well every time you pray. Eat and drink, but avoid exess. He does not love the intemperate. Say: who has forbidden you to wear the nice clothes or to eat the good things which Allah has bestowed upon His servants? Say: These are for the faithful in the life of this world, (though shared by others); but they shall be their alone on the day of resurrection; thus we make plain our revelations to people of understanding. Say my Lord has forbidden all indecent acts, whether overt or disguised, sin and wrongful oppression; He has forbidden you to associate with Him that wchich is not sanctioned by Him, or to tell of Allah what you do not know; (Al-Araf-7,20-22,26-28,31-33) The way the Quran has unified the philosophy of dress, wisdom, history and practical instructions, it could not have been possible had it not been a revealed book. Now we will concentrate on some of him directues of these verses. Firstly, one should wear a dress in normal circumstanced which is modest and covers the whole body except the parts used in performing the necessary works like face, head, hands, feet, and the arms partially. The dress should conceal the human parts of shame. Special heed should be paid to dress at the time of prayer. When more parts of body are required to be revealed for games or swimming, the dress worn should not be obscene. The women should cover the projected parts of their bodies even in such situations as directed in Al-Nur (It is worth mentioning that now-a-days such dresses are easily available that cover womens bodies and they can participate in any game. Even they can swim). HADITHS RELATING TO PROPHETS WIVES The special instructions for the Prophets wives have been described through quoting the verses 6, 30-34, 53, 55 and 60 of AlAhzab. Now we shall discuss the concerned Hadiths. Anas relaters through the Bukhari that Umar Bin Khattab repeatedly requested the Prophet to keep curtain on his wivess rooms as all sorts of people used to visit him. Thus the Quranic verse about Hijab was revealed.
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Umar Relates through the Bukhari and the Muslim that he requested the Prophet to direct his wives to remain behind curtain as all sorts of people, good and bad used to visit him. Consequently, the verse about Hijab was revealed. The above two references make it clear that the verse about Hijab was exclusively revealed for the Prophets wives. Owing to this extraordinary significance of their status and the unusual circumstances, God directed that there must always be curtains on their doors which were adjacent to the Prophets Mosque and that no one except the closest relatives should enter their rooms. According to another Hadith, related by Anas and recorded in the Bukhari the Prophet invited people on dinner arranged at his home in connection with his marriage with Zainab. After having eaten the food, the people remained busy in chat for a long time. Zainab, the newly married bride of the Prophet was feeling very uncomfortable due to their presence. The Prophet realized it. In order to show his disapproval of their overstay, the Prophet cam out of the house. After some time when he re-entered the house, people were still there. However, they realized their mistake and dispersed. After a while, the Prophet came out of the house and related the just revealed Quranic verses relating to Hijab. The above quoted Hadith reveals the real motive behind the verse of Hijab. It also proves that this verse was only meant for the Prophets wives. Anas tells that after the revelation of this verse, curtains were hung on the doors of the Prophets wives. As recorded in the Bukhari Ayesha relates that the Prophets face was an expression of intense grief and shock when he received the news about the consecutive martyrdoms of different commanders of Muslim Army in the war of Mauta. Ayesha relates that she was observing all through a slit of her door. Ibn Umar relates through Bukhari that they heard Ayesha brushing her teeth and clearing her throat from inside her room while we were sitting and busy in chat in the Prophets Mosque. According to another Hadith recorded in the Bukhari, the Prophet gave some water to two of his companions and asked them to drink some of it and wash their faces with the rest of it. Umm-iSalma, the Prophets wife was watching all from behind the curtain. She requested both of them aloud to save some of it for their mother (Umm-i-Salma).

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Anas relates through the Bukhari that once he and Abu Talha were accompanying the Prophet in a journey. The Prophet was on a camels back along with wife Safia. The Camel got unbalanced and fell down. Consequently the Prophet and his wife fell down as well. Abu Talha approached the |Prophet and enquired if he was alright. The Prophet asked him rather to make care of Safia. Abu Talha covered his face and approached Safia. He put a cloth on her and she got up.

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It becomes clear through the above references that the Prophets wives, usually used to stay at home after the declaration of their special status. Other men were not allowed to visit their homes. The Prophets companions knew that those holy women were to be respected even when there was an unusual situation while they where outside homes. They did not cast their glances on them so as to avoid any scandal. Ayesha relates, as recorded in the Bukhari and the Muslim that once she was traveling in the company of the Prophet. When the Carvan set out, she lagged behind by chance. On finding that the caravan had left she sat down. She was so overpowered by sleep that she could not resist. In the morning when Safawan Bin Mtal passed from there by chance, he identified Ayesha as he had seen seen her before the revelation of the verse of Hijab. He recited a Quranic verse. Ayesha woke up on hearing voice and covered her face with a cloth. The above mentioned Hadith reveals the care taken by the Prophets wives after the revelation of the verse of Hijab. Through another Hadith from Abu Daud Ayesha relates that on her way to Makkah for the Prophets last Hajj with other companions, she used to draw the veil of her Ahram (dress used for Hajj) on her face on seeing the male passers by and uncovered it again when they went away. The above Hadith is not reliable because one of its relaters Hasheem refers it to Yazeed Bin Abi Ziadah while he had never met Yazeed through his life. (Thzeeb-ul-Tahzeeb) vol-11 page 329) However, if it be reliable it only proves that the rules for Hijab described in Al-Ahzab were exclusively for the Prophets wives. This is why they were so cautious even during Hajj whereas the Prophet had forbidden all men and women to cover their faces during Hajj. There is another Hadith recorded in the Muslim and the Bukhari and described in detail in the Nisai that the father of Saudah, the Prophets wife, had a son of his maid slave and thus a brother of Saudah. A person named
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Utbah claimed during the last moments of his life that the particular boy was his son. When this petition was filed in the court of the Prophet he dismissed it and laid down a legal statute that the son belongs to the person on whose bed he took birth. Since the boy had a close resemblance with Utbah, the Apostale advised Saudah not to allow that boy to enter her house. Though the brothers of the Prophets wives could enter the houses of their sisters as laid down in Al-Ahzab; verse-55 but the relationship of that boy with Saudah as her brother had become a dubious matter (surely the Prophet would have been intimated though revelation that the boy was not the real brother of Saudah). This was the reason that Prophet advised Saudah to observe Hijab from that boy. A long incident has been related in Kitab-ul-Khiraj of Abu Daud. A part of it says that two paternal cousins of Zainab, the Prophets wife came to the Prophet with the request of some job. They were sitting with the Prophet out side his room while Zainab was inside it. When needed Zainab talked to them from behind the curtain. Thus it proves that even the paternal and maternal cousins were not allowed to come before the Prophets wives as per verse 55 of Al-Ahzab. According to another Hadith once Aflah, the foster brother of Ayeshas father came to her house and sought her permission to enter. Ayesha was a bit reluctant as she was not clear whether a foster uncle comes in the closest cirlcle in the light of verse 55 of Al-Ahzab. The Prophet told Ayesha that a foster uncle is like ones father. According to a Hadith form the Bukhari, after his marriage with Zainab, when the Prophet was entering his room, Anas also tried to accompany him. The Prophet forbade him to enter as Al-Ahzab had already been revealed and consequently he remained outside. According to a Hadith recorded in the Muslim and the Bukhari, once Saudah, the Prophets wife went outside her home. Umar Bin Khitab, on seeing her, checked her and expressed his disapproval. Saudah, complained before the Prophet who told her that she could come outside her home to meet some necessity. Obviously. Umar had a confusion regarding the interpretation of the instructions issued through Al-Ahzab which was clarified by the Prophet. According to a narrative registered in Kitabul Fazal of the Muslim and the Bukhari the Prophet was sitting inside his room once. Some women from the Quraish sitting in the company of the Prophet and were talking loudly. Umar came there and sought the Prophets permission to enter the house. On being granted the permission to Umar, the women sitting there ran away and hid themselves behind a curtain. The Prophet smiled on watching all that.
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On the enquiring of Umar, the Prophet told him the whole story, Umar spoke loudly to those women and said, Enemies, of your souls.! You should rather fear the Prophet more than me. The women replied; you have a hot temper while the Prophet has polite temperament. The above incident is enough to show the difference between a religious principle and ones temperament. According to another narrative Umm-i-Salma relates through Tirmizi and Abu Daud that once she was sitting with the Prophet. Maimoonah or Ayesha was also present. A Prophets companion, Ibn Maktoom came there. The Prophet directed both the women to go behind the curtain. Umm-iSalma pleaded that Ibn Maktoom was blind man and thus he could neither see them nor identify them. The Prophet asked, Are you both blind too? Cant you see him? The above narrative is weak as its middle narrator. Binhan, the liberated slave of Ummi-i-Salma is not considered authentic by most of the experts in Hadith except Ibn Hubban (Al-Jami-al-Ahkam-al-Ahkam-alQuran chapter 12, page 228) Tirmizi has declared it not that weak. But Hafiz Zabibi says that other scholars dont accept the verification of Tirmizi as most of his approved Hadiths prove to be weak on later ascertainments (Meezan-al.Eitadal) chapter -4 page 416) HADITHS ABOUT UNSAFE PLACES PRECAUTIONARY MEASURES AT

Now we tend towards the fifth topic regarding the precautionary measures to be adopted at unsafe pleaces. It has already been made clear that God directed muslim women to take a big cloth round their bodies over their clothes at unsafe places, through Al-Ahzab verse 58- 60. It was customary in Arab society even before Islam that women of respectable families used to take a big cloth while going out of their houses. The Quran has directed to take this measure only at risky places. The women are not advised to cover their faces even through this verse. However, we can infer that the face can be partially covered if the nature of the risk is graver. Those days, women did not use Jalbab for the purpose of covering their faces. The women desirous of covering their faces used to do so with another veil. Such women were known as Manqabah (Taking veils). Women have not been directed any where in the Quran or Hadith to cover their faces. However, in some incidents. Manqabah women are mentioned. We will discuss it later on.

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It is clear through history that taking of a big cloth and covering of face with a veil is an old custom and not merely order issued just fourteen hundred years ago. It was a tradition in several civilizations of the world. For example, 1200 years B.C, during the Ashori period, detailed legislation was compiled about the veil for women (this informative and interesting detail can be seen in any good encyclopedia). Not only this, some important men like kings etc also used to cover their faces to keep themselves away from their subjects, in some societies. Even today, the tradition of veil exists in some non-muslim societies. It is observed very strictly among some factions of Hundus. In some areas like Rajhistan some non-muslim women conceal their faces completely even today according to their customs thousands of years old. In the same way several Arab women used to cover their faces with veil and women of noble families used Jalbab while going outside even before Islam. The pre-Islamic Arabic poetry testifies the above fact. A poet of that period, seerah Bin Qafsi says in a verse: While fleeing away from the battle field your womens faces were uncovered due to intense fear and anxiety as if they were slaves whereas they were your noble ladies. Another poet, Rabi bin Zaid says in an elegy written in the memory of Malik: Our women kept their faces covered before the death of malik but they had to lift their veils afterwards. Maulana Ameen Ahsan Islahi puts down a verse of a poetess from the tribe Huzail on page 269: vol -6 of Tadabbar-i-Qura with the similar sense. Thus some women used to cover their faces and took Jalbab even during the normal circumstances before the revelation of the Quran as well. Islam neither bade for anything nor forbade to do so because it has a policy of abstaining from interfering in the existing social practices of any society to the maximum possible level. Therefore Islam brought slight reformation by advising women to take Jalbab at unsafe places. Rest was left as it was previously. Therefore, now some relating Hadiths would be analysed. According to a narrative recorded in Kitab-al-Jihad of Abu Daud a woman, Umm-i-Khalad lost her son in the war of Uhad. She came to the Prophet for enquiry about her son with her face covered. Some companions of the Prophet expressed their surprise over her veiled face while she was enquiring about her son. She answered, I have lost my son, not my modesty

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The first thing in this context is that it is a weak narrative. One middle narrator of this Hadith. Farj Bin Fazalah was, to the experts of Hadiths, an unreliable man who used to narrate wrong narratives. Thus his narratives cannot be accepted (Al-Jarah-w-al-Taaded, vol-7: 86 and Tareekh-al-kabir vol-6: 137) However, if the above incident proves to be true, it only ascertains one thing; Ummi-Khalad was one of those women who used to cover their faces. Further, this is the incident of the Battle of Uhad when neither Al-Nur nor Al-Ahzab had been revealed as yet. Obviously, this incident does not become a precedent for the observation of veil. According to several most authentic narratives innumerable women used to appear before the Prophet with their faces uncovered. The next narrative has also been registered in Abu Daud (Kitabul Tarjil). According to this narrative a woman, once handed over a paper carrying some request to the Prophet from behind a curtain. The Prophet inquired whether it was the hand of a man or a woman. She replied that she was a woman. The Prophet said that a womans hand should be at least coloured with myrtle. The above narrative is also weak. The experts ascertain that a middle narrator of this Hadith, Safia Bint Asmah was an unknown and hence unreliable source. (Takreeb-al-Tahzeeb Page 480). Another middle link in this narrative, Muteei bin Memoon was also an ureliable narrator. (Taqreebal-Tahzeeb Page 399) The inner evidence of this Hadith also makes the incident doubtful. It seems strage that the Prophet did not know that it is always a woman who can hand over something from behind the curtain. Further more it also gives an impression that coloring of hands with myrtle is compulsory for every woman whereas it is not at all assential according to the religion. The next narrative is registered in Kitab-al-Hajj of Mauta Imam Malik. It gives the narrative of a female successor of the companions of the Prophet, Fatima Bint-i-Munzar that she along with other women covered her face with her veil when she was wearing Ahram (the dress worn during Hajj) Asma Bint Abu Bakar was also traveling in the company. In fact the Prophet had ordered women very clearly not to take veil or gloves during Hajj. So, the woman mentioned in the narrative wanted to express that there was no harm in taking the veil on face if needed (for intense heat or crowed of men). So they used to take veil on faces and even Asma did not forbid doing that. Ayesha relates through kitabul Hajj of Fath-al-Bari as under:

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A woman should draw her Jalbab (the long cloth wrapped over clothes) down on her face. It is also a weak reference as two of its middle links, Hushaim and Aamash used to relate unreliable narratives (Taqreeb-al-Tahzeeb page 136, 365). Thus this narrative cannot be taken into account. According to kitab-al-Bayan of the Bukhari Ayesha relates that the Prophet had declared the witness of a veiled woman as valid. It can be explained as such that a veiled woman should not be asked to put her veil off to prove her identity when she presents herself in the court. The judge may verify her identity in private or adopt some other measure. In fact there were very few women during the Prophetic period who used to take veil to cover their faces. Therefore, the Prophet had to say this about them in special. Through Bukhaari and Kitab-al-Fazail of the Muslim, Abu Saeed Khadree expresses that the Prophet was modest like a maiden in veil. He further says that we could observe the face of the Prophet when he disliked something. It can be explained in the manner that some maidens are so modest that even a slight thing can make then blush. The Prophet was also such a modest man. Hence, this narrative is merely narrating a fact and not an order of the religion. Anas relates an incident from the Battle of Khyber as recorded in Kitab-al-Maghazi of the Bukhari. The Prophet had married Safia but muslims were not clear about that. Thus some persons were discussing whether Safia was the Prophets wife or a slave. Some of them said that she would be wife if kept behind the curtain otherwise the case would be opposite. When the Prophet set out, he placed Safia behind himself on the camels back and drew a curtain around her. This narrative is making difference clear between the Prophets wives and other women. The Prophets companions knew that the restrictions of Hijab were only for the Prophets wife than the ordinary muslim women. Since they could not confirm the Prophets marriage with Safia direct from the Prophet due to hesitation, they judged the matter through the restriction of Hijab for Safia. According to a narrative of Tirmizi the Prophet says, Devil watches a woman when she steps our of her home. This is also a weak narrative as one of its narrators, Fatedah Bin Ramma used to exaggerate while narrating a Hadith (Al-Naqdees by Ibn Dajar, page 102). An amportant point here is that Mufti Muhammad Shafi has quoted this narrative in his book Maaraf al Quran vol-7, page 215 and has declared that according to
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Tirmizi this Hadith good, and true but with single narrator. In fact Mufti Shafi has erroneously misquoted Tirmizi who does not use the word true for this Hadith. It must be borne in mind that the narratives called as good by Tirmizi are generally weak. Same is the case here. According to a narrative of Tibrani the Prophet says. Women should not come out of their houses except in emergency. It is also a very weak narrative because its middle narrator, Sawar Bin Musaab was an unreliable person. Imam Haismi declares the same (Majmah-al-Zawaba vol-2: page 200). Hence it is also a weak and unreiable narrative. Ali narrates that once he was sitting in the company of the Prophet with companions. The Prophet enquired of his companions, What was better for a woman? The Prophets companions had no answer. Ali put the same question to his wife, Fatima when he went home, Later. Fatima said, It is better for women neither to see men nor be seen by them. Afterwards Ali told the reply of Fatima to the Prophet who verified it and said, She said it true; surely she is a part of mine. Mufti Muhammad Shafi has quoted this narrative in Maarif-al-Quran vol-7 page 216 without any reference. This is another weak narrative because its narrators are not identified by the experts. Imam Haismi, after quoting it in Majma-al-Zawaied vol-4 4:255 and vol-9, page 330) says, It has been copied by Bazaz and several of its narrators are unknown to me. It must be kept in mind that if an expert refuses to identify any narrator, the status of that narrative remains no more than a fiction. Another narrative is attributed to Umar Ibn Abbas through Tafseer Ibn Jareer vol-22) God has ordered women to cover their faces with their veils except their eyes when they go out of their houses for some emergent business. This is a weak narrative. It has been narrated by Ali Ibn Talaa with the reference of Ibn Abbas whereas both had never met each other during their life time. (Taqreeb-al-Tahzeeb: page 646). Another narrator of this Hadith, Abu Saleh was not a reliable man to some experts (Tareekh-iBaghdad vol-9, page 481) Through the above discussion, we have tried our level best to present all narratives which are important with reference to the topic of man-woman correlation. While pondering over these narratives, if they are studied free of Quranic references, they seem to be conflicting very badly. They convey their true sense and context only when studied in light of the Quran. This technique also provides us an opportunity to segregate the authentic narratives from the weak ones. It is important to note that during this discussion only those narratives could find their true contextual application

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which were taken from the two most authentic books of Hadith; Bukhari ande Muslim. The stand of Maulana Maudoodi: Maulana Maudoodi is one of those scholars who have influenced the educated Muslims of today, the most. The authors of this book are personally indebted to Syed Maudoodi as their religious spirit and an inclination to reflect upon Deeen in the light of the Quran and Sunnah are basically due to the influence of his writings. However, it is a fact that every person is vulnerable to commit mistakes except the Prophet of God. Since, the authors of this book disagree with the viewpoints of Syed Moudoodi; his stand would be analyzed with all respect for him. Syed Maudoodi has expressed his views on this topic in Pardah, Women and religious issues, Tafheem-ul-Quran vol-3, Tafseer Al-Nur and vol-4 Tafseer Al-Ahzab. His views in this regard can also be studied Rasail-o-Masail in a scattered manner. Syed Maudoodis concept of Pardah can be described through the following points: 1. The real significance is attached to Al-Ahzab-32-33 and 59 in the context of Pardah. According to these Quranic verses, a woman has to cover the whole of her face. At the most she can keep her one eye open. 2. She will cover her head and bosom from the men of the closest circle except her husband even inside the house. 3. A woman shall cover her face from all men except those from the closest circle. 4. Shariah has a vague policy about a womans relatives who are neither in her closest circle nor perfect strangers. 5. The instructions in Al-Nur, basically deal with the exceptions like some extra-ordinary situation. Normally a woman has to cover her face. Now we analyse the viewpoints of Syed Maudoodi: As we have already made it clear in detail that the verses of Al-Ahzab 32-33 and several others besides them are exclusively about the wives of the Holy Prophet. The Quran addresses them under: Wives of the Prophet! You are not like ordinary woman. Syed Maudoodi opines that this address is like the admonition of a father to his child when he says: You are not like the street children. There is a remarkable difference between this example and the style of Quran. If the Quran had used the words as under:
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Wives of the Prophet! You are not like the notorious or street women ,there could have been the possibility of generalizing their sense. But the Quranic words, ordinary women mean that there is a difference between the Prophets wives and ordinary women. Syed Maudoodis next argument in this context is that there is nothing in particular for the Prophets wives in all the next Quranic instructions rather they are all for ordinary muslim women. Whe have already explained that the prayer and alms taxes are the only two things towards which even the Apostles attention has been drawn distinctively though every one knows that some of the orders for them are different from those meant for the whole Ummah. So far as rest of the instructions are concerned like, do not be too complaisant in your speech stay in your homes do not display finery as used to be done in the former days of ignorance and bear in mind the revelations of Allah which are recited in your houses , they are all related to the Prophets wives. Unlike this, instructions for ordinary Muslim women have been revealed through the same Surah and Al-Nur in particular. Syed Maudoodi, in this context did not consider that God is not hostile to our faith and practice that He uses words of one kind which conveys the sense otherwise. If God intended to issue these instructions to all Muslim women, He would have rather used the words of Verse-59, Prophet enjoin your wives, your daughters and the wives of true believers over here as well. If God has not used these words in verses 30-32, there must be some sound reason for that. Maulana Maudoodi interprets verse 59 of Al-Ahzab that women should wrap their Jalbabs around their bodies so as to cover their faces while going outside their homes. At the most they can keep one or both their eyes open to see the way. The Maulana has not paid the attention towards the context of this sentence. He did not consider the justification of the criticism upon hypocrites and the revelation of this verse. Secondly, why did the Quran not use the commonly known word of Niqab if it wanted women to cover their faces whereas several women used to cover their faces even in that society. Thirdly, why did the Quran not clearly asked women to cover their faces, if it wanted to do so. Instead the words used are, draw their Jalbab round them, which have a wider connotation. Fourthly, what do the adjacent words, so that they may be recognized and not molested mean? Is it necessary to cover ones face in a society where a woman who wraps herself with Jalbab and leaves her face uncovered is considered noble and not molested?

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Through the above Question, we intend to point out that it is important; to reflect upon every word and keeping the whole context of an order in mind while deriving an instruction from the Quran. This is the only way to understand the wisdom and the wider sphere of every instruction. Syed Muadoodi has quoted the opinions of Ibn Abbas and some other interpreters of the Quran while explaining this verse. Ibn Abbas is the significant of all others but this attribution to him can not be accepted as true because he had never met Ali Ibn Talha. So far as the rest of the interpreters are concerned, the Maulana has differed with all of them on several places in Tafheem-ul-Quran (the reference of the interpretation of Al-Tin will be sufficient). It should be kept in mind that all the reference quoted by Syed Maudoodi related to the unsafe places. The second point related to Syed Maudoodis concept of Hijab is that a woman should conceal her head and her bosom in front of all close relatives except her husband even within the house (Pardah:284) All six narratives presented by the Maulana as an argument in favour of this viewpoint are weak. The most prominent Muslim expert in Hadith of the modern era, Allama Nasir-ud-Din Albani has discussed in detail on the infirmity of all these narratives in his book, Hijab-ul-Miratul-ul-Muslima and declared them as very weak. We have discussed about it briefly before. On the other side it is proved through Al-Nur and the true narratives of the Bukhari and the Muslim that a woman can come before her close relatives with all her finery in a frank manner but Syed Maudoods attention did not catch it. Syed Maudoodis third point is that a woman will cover her face from all men except from those in the closest circle. He has tendered his arguments in Tafheem-ul-.Quran vol-3 page381-382. in this context. First he has quoted the incident of Ayesha and argues that the Prophets companion could identity her because he had seen her before the instruction of Hijab. It is obviously an incident related with a wife of the Prophet and the instructions relating Hijab in Al-Ahzab were related exclusively for the Prophets wives. Thus it can not be generalized for other Muslim women. Next, the Maulana bases his arguments upon the incident of Umm-i-Khallad though it is a weak narrative. At the third stage he quotes the incident in which the Prophet enquired whether it was the hand of a man or a woman. The Maulana argues that the concerned woman was sitting behind the curtain because the instruction about Hijab had been revealed prior to that incident. Whole of this narrative is weak. If we accept it true, even then it just proves that some women used to take Hijab during that period. It has already been told that several women used to observe Hijab and took veil
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even before the advent of Islam. Islam neither ordered to follow it nor forbade to do so. Next, Syed Maudoodi bases his argument on the narrative of Ayesha in which she narrates that she covered her face along with Prophets wives when men encountered them on their way to Makkah for Hajj. This is also a weak narrative and has a conflict with all other narrative relating to the instructions regarding Hajj. It is clear through them that a woman should not cover her face in the state of Ahram (the dress during Hajj). Several narratives with the similar sense are recorded in the Bukhari, Nisai, Abu Daud, Masnad Ahad, Baihaqi and other books of Hadiths. If this narrative is accepted as true even then we must keep in mind that the instructions of Hijab for the Prophets wives were different form those for other women. Naturally the women traveling with the Prophet were his wives. Thus all narratives quoted by the Maulana are weak except the one relating the incident of IFK which was exclusively about a wife of the Prophet. Since Maulana Maudoodi was a writer of extraordinary calibre, at times he used to offer the arguments which appear forceful in the surface reading but a minute study ensues conflicting results. For example, the Maulana has quoted a narrative from the Bukhari and Tirmizi in support of his argument in Tafheem ul Quran vol-3 page 381. According to this narrative, at the time of the last Hajj of the Prophet, the first cousin of the Prophet, Fazal Bin Abbas stared at the face of a woman while she was asking something from the Prophet. As this narrative indicates that the woman had her face uncovered, therefore the Maulana pleads that she was in the state of Ahram and a woman is disallowed to cover her face in that condition. This argument is absolutely wrong. It is recorded in Tirmizi that the particular incident took place after the Qurbani (the slaughter of animal at the time of Hajj). It is noteworthy that the restriction of Ahram is lifted after the Qurbani. Similarly, quoting the restriction upon the women not to wear gloves or veil on their faces, the Maulana pleads that this exemption was granted just because the order of Hijab had already been issued (Pardah 318-319). In fact neither in the Quran nor through even the weakest narratives the wearing of gloves or taking of veil is proved. Factually speaking, both these trends were in practice even before Islam. Islam did not issue any order affirming them or denying them under normal circumstances. However, observance of these practices were forbidden during the state of Ahram as it was a token of humility before God and an apparel of indigence.

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Next, Syed Maudoodi says that the nature of Hijab cannot be determined in case of the men in the second circle like first cousins because it has not been determined by Shariah (Tafheem ul Quran vol-3, 338). He further creates confusion for the reader by presenting paradoxical and conflicting narratives in this context and forming an unclear opinion about it. It is a pity that the Maulana could not get the original point. If he had studied verses 27-31 of Al-Nur with an insight he would have known that the Quran has left no ambiguity in this matter. The Quran says very clearly that a woman can sit, converse and dine with these relatives with the observance of the restrictions like keeping modesty in her eyes, protecting her chastity and concealing her finery. It is worth noticing how the Quran could left the complicated and delicate issue of man-woman co-relation unsettled. Far as the narratives are concerned, there is no conflict among them. Unfortunately, Syed Maudoodi has related even weak narratives without taking their validity into account. In fact true and reliable narratives are either under Al-Ahzab pertaining with the Prophets wives or under Al-Nur pertaining with ordinary Muslim men and women. If all true narratives are studied in the light of the Quranic instruction, they offer no conflict at all. Next, Syed Mauddodi expresses that all instructions revealed through Al-Nur are related with exceptions, the real instruction has been revealed in Al-Ahzab which, the Maulana relates with the covering of face. While explaining the instruction of keeping modesty in ones look the Maulana says. No body should have a misunderstanding here that women were allowed to move with their faces uncovered this is why they were ordered to have modesty in then looks and keep their eyes low. If the covering of face had been ordered before, there was no wrong both logically and historically. It is wrong logically because despite the enforcement of the order of Hijab for face, there could be a possibility of a man-woman encounter (Tafheem ul Quran vol-3, 381). It is strange that the Quranic Surahs declared as clear and vivid instructions by God right in their beginning are being acknowledged by the Maulana as pertaining with exceptions. On the contrary the verses declared by God as dealing with exceptions are being acknowledged by the Maulana as the verses carrying real orders. Let us see what the first verse of Al-Nur says: This is Surah which we have reveled and sanctioned, proclaiming in it clear revelations, so that you may take heed. (Al-Nur-24,1)
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The words further used by the Quran do not deal with exception as well. For example verse 27 dealing with the social manners starts as under: Believers, do not enter the dwellings of other people until you have asked their owners permission. After the entrance is made and men and women sit together, the Quran orders in clear terms and without any exception; Say to the believing men and women to turn away some of their gazes and to restrain their sexual desires. In fact the whole Surah tells it so explicitly that its instructions are for all Muslims and it has been revealed so that the Muslims should be taught the manners for man-woman correlation. It is a pity that the Maulana has not been able to interpret and explain this Suhah on so many places. For example it is clear if we read verses 58-61 with their context that all of these instructions are about the man-woman correlation. They also carry the instruction that they may dine together if they desire. This instruction is so clear that every learner of the Quran would understand it in its true context. Unfortunately, the Maulana misinterpreted that this instruction is merely for men. Such misunderstanding on the part of Maulana Maudoodi confused the whole matter. Unlike this the exceptions are declared by Al-Ahzab itself and make it clear from the very first verse that it basically deals with the marital affairs of the Prophet and his wives. Therefore the first verse of Al-Ahzab starts as under: Prophet, have fear of Allah, and do not listen to the unbelievers and hypocrites Verse-6 of the same Surah says: The Prophet has greater claim on the faithful than they have on each onther. His wives are their mothers. O Prophet, say to your wives.. Verse 30 warns the Prophets wives that they would be doubly punished in case of a sin and doubly rewarded if they do well. Verse 32 says: Wives of the Prophet, you are not like other women. This is the usual tone of Al-Ahzab. Wherever ordinary Muslims are addressed in this Surah, the reason and the nature of occasion for this address has been made clear. For example women have been informed that wearing of Jalbab is a preventive measure at unsafe places. This is more proper, so that that they may be recognized and not molested
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Through the above discussion we have, briefly offered a criticism on Syed Maudoodis viewpoint with regard and respect for him. The view point of Maulana Mufti Muhammad Shafi: Now we shall analyze the stand of Maulana Mufti Muhammad Shafi, another eminent scholar of Muslim world. Mufti Shafi was a great scholar belonging to the Hanafi school of thought. He enjoined the special status of Mufti-e-Azam Pakistan. Maarif-al-Quran, Tafseer of the Quran written by him is one of the great tafseers of the modern era and a learner of the Quran can never overlook it. He has described his view on the subject in Vol-7 through tafseer of Al-Ahzab. We shall criticize his viewpoint with regard and respect for him. He believes in three categories of Hijab. In the first and the most desirable category, women should stay at home and their bodies and their movement should be concealed from the eyes of men. In the second category, they should cover whole of their bodies with the help of a big cloth whenever they step out of their homes for some need. They can keep just one eye open to see the way or they should affix a net in the portion of cloth facing their eyes. In the third category, they can keep their faces and hands open while going out of their homes. Mufti Shafi believes that though last category is admissible according to Imam Abu Hanifa yet it carries risk and is therefore discarded by the scholars of Hanafi school of thought. Therefore, this last category is no more admissible. He bases his argument on the verses 32-33 of Al-Ahzab in the context of the first category. Without giving any detail about these verses which are entirely related with Prophets wives, he expresses that they carry orders for all. Further all incidents quoted by him in this context belong to the Prophets wives. Two narratives of the three quoted by him tend to give sense as if the order for staying at home was meant for ordinary women too. But all three narratives especially the last two are very weak. In support of the second category he offers the interpretation of Abdullah Ibn Abbas rcorded by Ibn Jareer as an argument. We have already proved that this reference is very weak. In the third category of Hijab (which he believes to be discarded) he argues on the basis of the narrative of Abdullah Ibn Abbas. Here arises a very interesting situation that needs our attention. It is noteworthy that two paradoxical opinions are attributed to the same companion of the Prophet. One opinion attributed to Abdullahh Ibn Abbas is the same quoted above. There is another opinion attributed to him which is quite contrary to the previous one. It says that a woman is allowed not only to keep her face and hands open rather she may not conceal any finery worn
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upon them. It has been related by Syed Maudoodi in a satirical and interesting style to him as under. To him a woman may reveal her face with her adorned lips, eyes full of collyrium, coloured cheeks and hands adorned with bracelets, rings and bangles to other men. This reference is related by Abdullah Ibn Abbas and his disciples and has been accepted by a large faction of the Hanafi school of thought. (Tafeem-ul-Quran vol-3,386) Is noteworthy that Ayesha also believes that a woman is not bound to cover her face and hands while going out of her home. The most prominent expert in Hadith in the present era Allama Albani says: These contrasting views have been recorded by Ibn Jareer in his Tafseer Vol.18, 84. Ibn Jareer adopts the view that exception pertains with hands and face both. Thus he believes the interpretation of those scholars closer to reality who mean this exception to be about face and both hands with collyrium, hair dye, ring and bracelets. In the course of the interpretation of this verse the above quoted opinion of Abdullah Ibn Abbas, Ayesha and other companions of the Prophet is true. (Hijab-al-Miraat-ulMuslimah Fi kitab wal Sunnah) While discussing the third category of Hijab, Mufti Shafi says that category should be considered as oblished as there is a risk of mischief in it. Now no woman should open her face and her palms in front of any man other than those included in the closest circle. It therefore seems appropriate to know what the risk of mischief is and what is the general temperament of Islam on such occasions. Islam has one important principle that it is based on convenience. The Quran says: Allah desires your well-being, not your discomfort. (Al-Baqara-2,185) He has laid on you no burdens in the observance of your faith. (Al-Hajj-22.78) Allah would lighten your burdens, and man was created weak. (Al-Nisa-4, 28) Allah does not wish to burden you. (Al-Maida-5,6) While relating the justification of the ProphetHood of Muhammad (sws), the Quran tells the one reason is that Jews had made their religion very rigid. Their scholars and jurists had laid several restrictions on them. (They also had a belief in the risk of mischief). God therefore sent His Prophet to abolish these restrictions: He (the Prophet) relieves them (the Jews converted converted to Islam) of their burdens and of the shackles that weigh upon them. (AlAraf-7,157)
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This is why the Prophet said: Deen is easy to adopt And gave the principled instruction: Give convenience to people. Do not put them in trouble. In this context, Ayesha, while describing the life of the Prophet told that he used to adopt the easier option among the two admissible things. Through the above quoted instructions of Islam it becomes clear that we should not, as principle, impose instruction just for the fear of violation in any injuction. Rather more and more convenience should be created for people as rule. Where the words of the Quran or Hadith give vest meanings, the one according convenience should be adopted. If sternness is the stance there is a possibility that people refrain from acting upon even the clear instructions of the faith rather they might turn rebellious to the religion. An eminent scholar of Hanafi School of thought, Mufti Ghulam Sarwar Qadri writes on this topic as under: Respectable companions of the Prophet like Ibn Abbass, Qatawa and Mujahid and some of their successors have declared covering of face as exception through the words, draw their shawls close round them in the verse of Hijab and the same is easy for Ummah. The Prophet teaches to create convenience for Ummah to the maximum possible extent and not make their way difficult.. it clearly means that only those orders should be told to people which are easy to follow so that they may observe them easily. If a religious order has two shades, the simpler one should be taught to the people. If the difficult aspect is told to the people, they might consider Islam as a difficult religion and non-muslims would also have a reservation before embracing Islam. If they refrain from embracing Islam only because of their considering it a difficult religion, the people who paint religion as such would be responsible for that. Next Mufti Sarwar Qadri answers to Syed Maudoodis stance on the incident of IfK and same is answer to Mufti Shafis logic as both these scholars have the same opinion on this subject: So far as the logic offered by Syed Maudoodi is concerned that Ayesha concealed her face in front of Safwan, we have already expressed through the reference of Sunan Abu Daud and Imam Qazi taken form Sharh-i-Muslim of Imam Navavi that the covering of face is exclusively for

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the Prophets wives and other women are not bound to follow it. (Pardah ki Shari Haisiyet- Mahhama Al-Bir July 1993) The above discussion and the analysis conclude that three categories of Hijab mentioned by Mufti Shafi are not proved by the Quran and Suhhan. Answer to the intellectual misunderstanding: This book has been written with the objective to make the Islamic point of view clear on general matters. This is why the discussions on philosophy, history and logic have been avoided intentionally. However, one rational point in favour of covering the face of women is presented so frequently that it needs being noticed. According to this logic, a woman exhibits her real sensual appeal through her face. Therefore her face should be covered in order to save her from any risk of mischief from men. It is a wrong logic. A womans face may reflect her aesthetic quality but it does not express sensuality. Obviously, a man gets an aesthetic pleasure through the sight of her face but the sensuality may only be the outcome of a wild imagination of a sexually perverted man. Such men must be warned of consequences rather than to impose restrictions upon women. In fact, sensuality is reflected in a womans naked body, tight dress and inviting beautification. There is another aspect of the same issue. Some men do have natural attraction in their faces? Is there any instruction for such men or for men at a particular age to cover their faces? It seems justified that such men should also be instructed to cover their faces to avoid any risk of mischief if women are asked to do so. The third aspect of this issue is that if the risk of mischief is the parameter, all men and women should remain veiled as well in order to prevent the risk of homosexuality. In fact face reflects the personality and covering of face makes an individual lose his or her entity. This is not the requirement of the religion from men and women both. It should only be done when one desires to conceal ones identity. SUMMERY This chapter can be summarized through the following points: 1. A woman has no restrictions upon herself in her closest circle. (Al-Nur:31) 2. Every one should seek their permission before entering the room of a married couple when they are alone (Al-Nur:58-59)

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3.

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4.
5.

6. 7. 8.

9.

10.

Men and women having mutual interaction like friendly relations, kinship, business contacts or the similar must visit each other after having sought permission of the owner of the house and introduced themselves. They need not seek permission at public places (Al-Nur: 27-31) Men should wear modest and civilized dress and reflect modesty through their eyes and style on such occasions. (AlNur 27-31_ The women should also put on civilized and modest clothes. They should not disclose their finery on such occasions, if any, except that which are mormaly open like hands and face. They should put their shawls on their bosoms and avoid stamping their feet in walking so as to reveal their hidden trinkets. There should be modesty in their eyes and grace in their style. (AlNur:27-31_ The lame people of the society can be kept in homes like other members of family. (Al-Nur:61) Men and women may dine together or separately when they meet one another. (Al-Nur 61) There should not be a show of any misconduct if men and women stranger to each other have an encounter somewhere. (A.-Nur: 90, Al-Muminum:3) Women should wrap a big cloth around their bodies and head and over their clothes while going at unsafe places. They should wear such a modest dress that they may be recognized as respectable women and not molested. (Al-Ahzab 58-60) The Prophets wives had distinctive instructions in the context of Hijab issued though Al-Ahzab: 6, 30-34, 53,60

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Chapter-3 Islams Concept of Family

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The fabric of Society stands erect upon the foundation of family. This is why the Quran has attached great importance to the matters relating to family and issued clear instruction in this regard. Some of these instructions are legal in nature i.e. they can be achieved through a court of law. These instructions include Nikah (marriage), Talaq (divorce) and conflict between husband and wife. While others are social in nature i.e. they have to be kept in mind while living in a family. They can not be contested in a court because they are extremely delicate in nature. A family is formed by the sacred and pure love between a husband and a wife. The mankind took its start with the couple of Adam and Eve. According to Islamic teachings a man and a woman enter into the bond of marriage through NIKAH when they make an agreement to live for the whole life together. It is essential that every new marriage is announced publically and in the presence of witnesses so that it is known to everyone that a new couple has been formed. The main objective of this relationship is to bless both husband and wife with the wealth of love and peace through each other. Both of them are apparel of each other. Both have equivalent rights and duties towards each other except at one stage when man as has a husband an edge upon woman for being the head of family. On the other side he is more responsible than woman as he has to bear all the expenses his wife and children. Several questions arise in this context, about the rights of women. We shall discuss all of them one by one. The first question demands an answer regarding the purpose of marriage. The answer to this question is that a man and a woman get their sexual relationship legalized through marriage as any such contact outside the bond of marriage is disallowed by Islam. The Quran Says: You shall not draw near to adultery, for it is foul and its way is evil. (Al-Isra 17,32) Most of the Quranic instructions related to family have been issued through Al-Nisa. Therefore it opens as under: OMankind! Have fear of your Lord, who created you from a single soul. From that soul He created its mate and through them He bestrewed the earth with countless men and
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women. Fear Allah, in whose name you plead with one another, and honour the relations of the uterus. Allah is watching over you. (Al-Nisar-4:1) After this the Quran relates that the agreement of marriage would take place through the mutual consent. The one would freely propose the other for marriage who would give a part of his wealth to the wife as per agreement. Thirdly, both husband and wife would vow to continue living with each other in a stable way. Fourthly, there would be an announcement of this marriage which would legalize their mutual sexual relationship started after marriage. (Forbidden to you also) are married women, except those whom you own as slave. Such is the decree of Allah. All women other than these are lawful to you, provided you seek them with wealth in modest conduct, not in fornication. Give them dowry for the enjoyment you have had of them as a duty; but it shall be no offence for you to make any other agreement among yourselves after you have fulfilled your duty. Allah is knowing, Wise.(Al-Nisa-4,24) Marry them, so that they should be honorable and chaste. (Al-Nisa-4,25) Nikah (the bond of marriage) has been called a firm contact in the verse21 of Al-Nisa. The Verse with similar sense have been placed at different places in the Quran. Next question deals with the nature of the ideal relationship between a husband and wife according to Islam. In reply to this, it is told by the Quran that ideal husband and wife love each other. They are like each others apparel. In fact they complement each other. They save each other from trouble, accord happiness and conceal each others fault. The Quran says: They are apparel to you as you are apparel to them. (Al-Baqara-2, 187) It further says: It was He who created you (man and woman) from a single being. From that being He Created his mate, so that he might find comfort in her. And when he had covered her, she conceived and for a time her burden was light. She carried it with ease, but when it grew heavy, they both cried to Allah, their Lord: Grant us a goodly child and we will be truly thankful. (Al-A raf 7, 189) It says at another place:
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And of His Signs is that He gave you wives from among yourselves, that you might live in tranquility with them, and put love and kindness in your hearts. Surely there are signs in this for thinking people. (Al-Rum30,21) The Quran makes it clear that normally men and women are equal in rights and duties: Women shall with justice have rights normally similar to those exercised against them. (Al-Baqara-2,228) Next question pertains with special duties of a man according to Islam. Islam replies that a man shall fulfill all genuine requirements of his wife. He will neither tease her nor be unkind to her. He should try to make a compromise even with habits of his wife, undesirable for him, because no one is free from faults. The Quran says: O believers, it is unlawful for you to inherit the women of your deceased kinsmen against their will, or to bar them from re-marriage, in order that you may force them to get a part of what you have given them, unless they be guilty of a proven crime (adultery). Treat them with kindness; for even if you do dislike them, it may well be that you may dislike a thing which Allah has meant for your own good. (Al-Nisa-4,19) The Quran also instructs men to be kind to women and surrender their rights in favour of women. The Quran, after a detailed discussion on the laws of divorce says: It is more pious that he (man) should forego it (his rights). Do not forget to show kindness to each other. Allah observes your actions. (Al-Baqara-2,237) Next question requires the answer about the special duties of a wife according to Islam. Islam determines that a wife shall be loyal and obedient to her husband and will maintain the secrecy of her husband and his home: Good women are obedient. They guard the secrets of family as Allah guards the secrets of Human beings (Al-Nisa 4,34) Hence a wife has to take care of life, honour, property, children, secrets and temperament of her husband. Normally, she has to remain obedient and faithful to him. She should not adopt an attitude of humiliation and insolence with him. She should be true well wisher and confidant of her husband and should not be rebellious to him. Next question is who is the head of the family according to Islam. Islam pleads that the unit of family is alo a tiny state that needs a head. Headship is not merely a right rather a great responsibility. The head has to
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meet all requirements of the members of his family. He has to take care of everything, protect his house and show resistance to any offence against the house. Man has been gifted with the qualities required for headship like toughness of body, hardwork, sprit of competition in society, and the will to spend on his family. This is why husband has been appointed as head of his family. The Quran uses the Arabic word Qawam for him which means the person who guards and meets all requirements. Therefore it is the prerogative of man to be the Qawam and his responsibility too. It shall also be borne in mind that God, according to the Quran has given superiority to one over the other in different respects. For example if man is more suitable for performing safe-guarding duties, woman has been made befitting for the job of rearing kids. The Quran says: Men (as husbands) are Qawam over women because Allah has made the one superior to the others (at times man and at times woman) and because (in this situation) they spend their wealth to maintain the family. (Al-Nisa-4,34) At another place the Quran says: Wives shall with justice have rights similar to those exercised against them; although husbands have an edge above them (as Qawam). (AlBaqara-2:228) There are some more notable points in the above two verses that need explanation. Firstly, whether any man is a Qawam of his mother after his fathers death. The answer is that it is not so. It is clear through the context of both the Quranic verses that convey the sense of husband and wife only. Thus the whole discussion here is related to the relationship between husband and wife. The discussion related to other relations gets room at other places in the Quran. Secondly, whether God has granted man an absolute superiority over owmen as the part of verse 34 of Al-Nisa, Allah has made one superior to the other, gives the similar sense apparently. In fact man has no absolute superiority over woman as the Quran has made it clear that other than headship, man and woman are equal in all respects. The above mentioned part of the Quranic verse says, Allah has made the one superior to the others (at times men and at times women). It means that someone might be superior to others due to some special characteristics and vice versa. If God had an intention to declare men as superior to women absolutely, he would have laid it down in clear terms that God has granted man absolute superiority over woman. It must be kept in mind that the Quran says every important and fundamental thing very clearly. It says a thing in an abstract

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way only where it is required for example the Quran has described the matter of superiority very clearly in the verse 32 of the same sura as under: Do not cobet the favours by which Allah has exalted some of you above others. For men is a portion of what they earn, and for women is a portion of what they earn. Ask Allah for his grace. (Al-Nisa-4,32) Next is the question how far is a husband authorized in enforcing something upon his wife. The answer is that although husband is the head of the family in matters related to the organization of home, but he should always consult his wife and he cannot interfere in the personal life of his wife. In Chapter Shura the Holy Quran has laid down the principle of consultation obligatory in all affairs. Husband does not have veto power because the Holy Quran has given the wife right of holding difference of opinion with the husband through verse 35 of chapter Nisa. Our religion aims at inculcating a temperament among us so that there is perfect harmony, unity and happiness inside the home, all decisions are taken after mutual consultation and understanding and man and woman fulfill each other requirements to maximum possible limit and avoid glancing at temptations outside their home. Islam declares a family a tiny state where every matter should be resolved wisely and nicely. Islam advises man to regard his wifes liking in these matters. The Prophet was so particular about the husband- wife relationship that he talked about it on the significant occasions of his last sermon. Man cannot interfere in the personal matters of his wife (Al-Baqara-2 verse 228). For example he has no claim on the property of his wife. He cannot force her to wear a particular dress or eat a particular food. He cannot stop her from meeting her close relatives and offering her prayers in the mosque. Thus a man has no command over his wife in her commonly known personal matters. The Prophet has described it in detail on various occasions. Since Islam calls man and woman as apparel of each other, it expects wife to regard the feelings and liking of her husband in such matters. Husband and wife conceal each others faults and thus are part and parcel of each other (Al-Baqara-2: 187) Next is the question whether Islam allows men to strike their wives physically. What is the true situation? According to the Holy Quran a husband is not authorised to strike his wife or torture her physically under any circumstances. He cannot do so even if she happens to be the source of a big financial loss or her children get spoiled due to her negligence. However, he can strike her only when she becomes unfaithful to him and shows open disobedience towards him by
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taking interest in other men. In such situation, the Quran advises men first to convince their wives in a nice way. If the situation doesnt get better, he should start sleeping apart. This might make a woman realize of her fault of insolence and disobedience. If the previous situation still persists, a husband is allowed to strike his wife mildly (Al-Nisa -4, 34) but it should not be uncontrolled and the target should not be the face or any other delicate part of her body. The purpose is to make her realize of the gravity of the situation that the family will be destroyed if she does not mend her ways. It should also be kept in mind that hard striking is totally prohibited for any person by the Holy Quran in verse 45 of chapter Maida. The Quran says: As far as those (Women) whom you (husbands) fear unfaithfulness, first admonish them, then send them to beds apart and (if the situation is still grave then you can) beat them, then if they obey you, take no further action against them. Allah is High, Supreme. (Al-Nisa-4, 34) This situation gives birth to two more questions. First, why Islam has allowed a husband to beat his wife? In fact Islam desires to safeguard the state of family and wishes that the internal secret should not be slipped out. Islam wants peace every where and advises every Muslim to remain loyal to his state and obey every order given by the state except that which forces him to commit a sin (like drinking wine). In the same way, Islam wants that the small state of family should be a model of love and peace. It should stay intact and in order to save it from dismemberment a husband may take some disciplinary action. God has allowed to do so because it is a lesser evil as compared to the dismemberment of a home. Hence, Islam wishes to save this unit so that this important foundation of society stays intact. Second question is: to what extent a man can strike his wife in case of unfaithfulness? It has been made clear that a man is not allowed to beat his wife except for this matter. The husband can, even in this matter beat her mildly as a performer and not as torturer. The target should not be the face or any other delicate part of the body. The Prophets saying has been recorded in authentic books of Hadith through reliable narratives. For example it is recorded in the MISHKAT: I asked the Prophet about the right of our wives upon us. He told to feed them the same food that we eat and to clothe them as we clothe ourselves. We should not strike them on face
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in case of unfaithfulness. If we want to take a disciplinary action through separation, we should not live apart rather just sleep apart. The Prophet made it clear in this context that the Prophets never did it and it is not desirable for nice men. The Prophets words are, nice men wont deal with their wives in this manner. The Quranic support for this instruction of the Prophet is that severe physical punishment or other similar kind of torture is a state crime and there is no exception for any one including husband and wife in this matter. (Al-Miada 5, 45) The third question is: does wife has similar and equivocal rights if her husband is unfaithful to her. The answer from this scribe is Yes. Further details are given in a separate article. Here a contextual question arises whether there should be legislation on the state level against the violence within a house. The answer is that violence against women is serious issue in some Muslim societies. Men dont hesitate in beating their wives even on trivial matters and at times hurt them physically. It is therefore necessary that legislation is done at the state level on this matter. This would inculcate awareness in the society that a man may take disciplinary action against his wife only when she becomes unfaithful to him and it should also be a reformatory action. It should be kept and mind that if a wife comes to a court of law with complaint of torture against her husband, the husband will have to prove her unfaithfulness, otherwise he will be punished for false allegation or his wife will be separated from him, meaning that he will have to face grave consequences. It is also necessary that legislation be done for the judicial inquiry of every accidental death of a woman i.e through the stove burst etc. The next question is: has the wife got the right of difference of opinion with her husband. The answer is Yes. If there is a difference of opinion of a serious nature or a conflict to such an extent that husband and wife reach the stage of divorce, it is obligatory upon family fiends, relatives, society and finally the state to activate themselves and appoint a two member jury (one from each side) to reach a broad based agreement and a peaceful co-existence. Both the members should try to resolve the dispute in the way acceptable to both the parties so that husband and wife lead their future life accordingly. The Quran says:

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If your fear a breach between a man and his wife, appoint an arbiter from his people and another from hers. If they (husband and wife) wish to be reconciled, Allah will bring them to together again. Allah is knowing, Wise. (Al-Nisa-4, 35)

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The next issue in this context taken directly by the Quran is related to dower. Dower is, in fact the amount paid by a man with a vow of taking life long responsibilities to the woman entering into the bond of marriage with him as an acknowledgement of the submission on her part in terms of body and will. Islam has determined this amount as a token that the woman may utilize it as and where she desires freely and conveniently. The Quran has attached great significance to it and has mentioned it at ten different places. It is essential that the amount of the dower is determined at the time of marriage. The Quran directs that this amount should be determined keeping in view the social and financial conditions (Al-Nisa-4, 24-25). However, this amount should be handsome enough to grant her sense of security. It can be decided mutually whether the amount of dower would be paid immediately at the time of marriage or a part of it would be paid afterwards on the demand of his wife. Later, the wife may surrender a part of the dower if she desires (AlBaqara-2, 229-237). There is a general confusion in our society that amount of dower is determined by Islam as Rupees Thirty Two and Annas ten only. In fact, the religion doesnt determine any such amount. This amount was, in fact suggested by the Muslim scholars during the reign of Aurngzeb Alamgir, the famous Mughal emperor of the Indian Sub-Continent, for the convenience of the masses. The amount of that time equals lacs of Rupees today because, during those days one Tola gold could be bought in one Rupee (Tola is unit of weight in Inida-subcontinent equal to ten grams.) There is another misunderstanding that the wife will have to return the dower in case she demands divorce. In fact, at times the amount of dower is determined in a unrealistic manner for example the native house of the husband, his all or partial property etc. Later when husband and wife decide separation, the husband delays the divorce for the fear of surrendering a large part of his property. In such a situation, the Quran directs us to resolve the matter through the principle of give and take and such unrealistic terms should be made moderate through mutual consultation (Al-Baqara-2, 229).
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In case of divorce after Nikah but before the brides formal departure from her parents the husband will have to pay half of the dower to the woman (AlBaqara-2 :237) Next, the Quran directly instructs that Nikah with some relatives and persons is disallowed. It is so because these are the relations which should be based on pity, love and affection without any pollution of sexsual desires. There should not be any kind of envy or antagonism. This instruction has been issued through Al-Nisa-4:23. According to this instruction a man is disallowed to marry his mother, daughter, sister, maternal and paternal aunts, nieces, foster mothers and daughters-in-law. Besides this a man is not allowed to marry-two sisters or an aunt and her niece (parernal and maternal both) at the same time. A muslim man cannot marry a pagan woman but he may marry a Christian or a Jew woman if she is chaste. The Quran says: (All) good things have this day been made lawful to you. The food of those to whom the Book was give is lawful to you and yours to them. Lawful to you are the free believing women and the free women from among those who were given the Book before you, provided that your give them their doweries and live in honour with them, neither committing fornication nor taking them as mistresses. (Al-Maida-5, 5) Muslim women are not allowed to marry any non-muslim man in any case. The Quran says: They (Muslim women) are not lawful to the infidels; nor are the infidels lawful to them. (Al-Mumtahana-60,:10) At this stage two questions require their answer. First is it not unjust to allow a man to marry from a community with the Book while a woman is deprived of this right? The answer is that Muslims verify and respect the Prophets and Books of those communities and thus no muslim man can hurt the feelings of a non-muslim woman. On the other side, these communities do not acknowledge the Prophet Hood of Muhammad (sws) at all and therefore there is a strong fear that a non-muslim man would not regard the feelings of a Muslim woman. The other aspect of the above instruction is that it was issued after the Holy Prophet had directly offered all these communities to accept Islam through his hectic efforts spanned on almost twenty years (thirteen years of Makkah period and almost seven to eight years of the newly established Islamic state of Madina) Hence, it seems that if a woman embraces Islam while her Husband is still non-muslim, she need not sever her relations with

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him unless he remains adamant even after the persuasion of several years to accept Islam as his religion. Above are the instructions about which the Quran has laid down very clear verses. Now we would heed towards certain issues which have assumed great significance in the present era: Firstly, since woman of today feels herself very insecure owing to the prevalent social conditions, is it possible to include some terms in the bond of marriage to grant her sense of security? For example it may be decided that the husband would pay a fixed stipend to his wife for her personal commitments or he would not force her to quit her job if she is already having one or she would be given a separate house to live in or he would have to pay a particular amount to his wife in case of divorce or would not marry another woman etc. According to the Quran, Nikah is an open agreement between a man and a woman therefore all such terms can be included in it rather, it is requirements of the present time keeping in view the social conditions. It is an obligation upon the government to include all such conditions in the officially printed Nikah Forms. Second: is a woman free to marry the man of her choice and is she authorized to take final decision regarding her marriage or her life partner would be chosen by her Wali (a nearest related responsible man)? Islam believes in an ideal situation in the context of marriage when there is a perfect harmony between the man and the woman and their respective families on the proposed marriage. However, if such ideal situation does not exit, no man is allowed to arrange the marriage of a woman against her will rather she is free to marry the man of her choice in case of a dispute. The logic here is that the Quran declares marriage a free and sloid contract between two wise persons having an insight into the matter. They have to live together and accept all responsibilities. Hence, they should be acknowledged free and independent in the accomplishment of this strong contract. The Quran has declared it clearly that women are free to marry according to their will and no one can cast impediments in their ways. The Holy Book has mentioned this right of a woman especially in a case where it is feared that people would cast obstacles in her way and would consider her marriage as a matter of their prestige. For example it is feared that the relatives of the ex-husband of a widow or a divorced woman would try to stop her from remarrying. The Holy Quran says: If a man has a divorced his wife and she has reached the end of her waiting period (three menstrual cycles) do not
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prevent her from remarrying if they (man and woman) have come to an honourable agreement. This is enjoined on every one of you who believes in Allah and the Last Day; it is more honourable for you and more chaste. Allah knows, but you do not. (Al-Baqara-2, 232). It further says: And those of you who die and leave wives behind. Such women should keep in waiting for four months and ten days after their husbands death. When they have reached the end of their waiting period, it shall be no offence for you to let them do whatever they choose for themselves, provided that it is lawful. Allah is cognizant of what you do. (Al-Baqara-2, 234) The above quoted Quranic verses prove it vividly that the will of a woman is final in the matter of her marriage. If anyone else had the final authority on this matter, it would have been, definitely put own in the Holy Book very clearly. Not only this but the Quran also grants the right of marriage to a woman in particular situation of divorce. It would be discussed latter in this book. The Holy Book says: If a man divorces his wife (after the two divorces), he cannot remarry her until she has wedded another man and been divorced by him (the second husband); in which case it shall be no offence for either of them (the first husband and the divorced woman) to return to the other (means remarry each other), if they think that they can keep within the limits set by Allah (Al-Baqara-2, 230) After this clear Quranic statement when we turn our attention towards the treasure of Hadiths, we find narratives of both kinds. These include the narratives according to which the Prophet declared a woman free and independent in the matter of her marriage and there are narratives with contrary sense as well: Abu Huraira narrates the Prophets saying that, the marriage of a widow should not be arranged without her consolation and an unmarried girl should also be asked for permission regarding her marriages. The companions of the Prophet requested him for further clarification of the nature of the permission (For example if an unmarried girl cannot utter the word yes due to shyness). The Prophet told that her silence means that she has no objection. (The Bukhari: kitabul Nikah) The above narrative is the exact and clear explanation of the verse 230,232 and 234 of Al-Baqara. It clearly indicates that the
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permission of a widow and a virgin both is necessary for their marriage and plays the decisive role. The second narrative is from the Muslim: The woman, once married is more powerful than her Wali in the matter of her marriage and a virgin should also be sought permission (According to another narrative) the virgins father should seek her permission and her silence amounts to her permission. (The Muslim: Kitab-ul-Nikha) Hence, if a virgin has none of her own choice contrary to her Wali or she is an embodiment of modesty; even then it is necessary to seek her permission which would play the decisive role. Third narrative has been taken from the Nisai and Masnad Ahmed: Auyesha narrates that a girl came to the Prophet and told that her father has made her marriage with his nephew so that the boy may be relieved of burden through this marriage. The Prophets granted her the right to retain or terminate the Nikah. The girl said that she accepts the decision of her father as she just wanted the women to realize that their father are not authorized to made their marriage at their own. (Nisai, Ibn-Majah, Masnad Ahmed: Kitabul Nikah). The above Hadith makes it clear that the final authority, in this matter rests with the girl and not her father. There is another narrative as under: A woman came to the Prophet and said that her father had made her marry the man she disliked. The Prophet told her father that he had no right to make her marriage. He allowed the girl to marry the man of her choice. (Nasb-ulRaiah Kitabul Nikah). There are many more narratives on this topic. Now we tend towards the narratives conveying the sense contrary to the above references of the Quran and Hadith: The Prophet said, There is no marriage without a Wali. (Abu Daud, Ibn Majah: Kitabul Nikah). If we have a surface reading of this narrative, it seems quite opposite in sense to all Quranic injunctions and most narratives because according to the above quoted every woman rather every man is bound to seek permission of his or her Wali for marriage. Therefore this narrative is absolutely not acceptable in this sense. However, this narrative can be taken as an advice with reference to the element of persuasion and an attempt to bring a nice trend in society. It is just as the Prophet said:
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There is no Islam without the fulfillment of a promise. The above narrative does not that the one violating a promise would be outside the circle of Islam. It, in fact means to say that a promise should not be broken. The above quoted narrative is also an advice of similar nature saying that the real spirit lies in the mutual consent of the families of both husband and wife. Another narrative is as under: Ayesha relates that the Prophet said, the Nikah of a woman without the consent of her wali is invalid. In case of a dispute, the ruler of the state is her Wali. If she has no other Wali. (Abu Daud, Tirmizi: Kitabul Nikah). It must be kept in mind that it is a weak narrative even according to Abu Daud and Tirmizi. This Hadith has been also narrated through the reference of Zahri who denied his access to it when contacted later for verification.(Kitabul Fiqah Ala Mazabid-alAraba Vol-4 89). This narrative, through its surface meanings runs contrary to the clear instruction of the Quran and thus cannot be taken as an argument. There is another narrative as follows: Abu Huraira relates a Prophets saying, No woman is to make marriage of another woman or any woman is to make her marriage herself. (Al-Sunan-al-Kubra Libelequi) The first part of this narrative is illogical while the second part is contrary to the Quranic instructions. The first part of the narrative is illogical because it would be impossible for a woman to make the marriage of her daughters if she has no close male relative. Now we come to the second part of the narrative. The Quran instructs clearly: Do not prevent those women from marrying their husbands if they have come to an honourable agreement. Your are advised not to do so at all. (Al-Baqara-2, 232). Third Question is whether a father or a grand father can arrange the marriage of their minor daughter or grand daughter. The answer is in negative as Islam does not allow this, because according to the clear instructions of the Holy Quran the age of marriage begins after having attained the age of maturity. While issuing instructions about orphans, the Quran says: Put orphans to the test until they reach a marriageable age. If you find them capable of sound judgment, hand over to them their property, and do not deprie them of it by squandering it before they come of age (Al-Nisar-4,6)
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However, an important thing in this context is that according to some narratives Ayesha, the Prophets wife was just six when she entered into the bond of Nikah and nine when she came to her husbands home. Is it not enough to prove that the marriage of a minor girl can be made by her parents? In fact Ayesha was almost sixteen to seventeen years old at the time of Nikah and nineteen at the time of her departure from her fathers home. An eminent scholar from Sargodha, Pakistan, Hakim Niaz Ahmed has written a book on this subuect titled Research on the age of Ayesha Siddiqua after a lot of keen research work. This book has been published by Shakoor Academy, F-89, Block 2, PECHS Karachi Pakistan. A summary of this valuable research has been made by Khalid Masud through Tadabbur July, 1994. Although it is a technical discussion, it is very significant keeping in view the prevalent circumstances. This is why it is being presented on these pages: The honourable author has argued on all those narratives that show Ayesha, the Umm-ul-Momineen as under aged. The most important of all these narratives has been recorded in all authentic books of Hadith like the Bukhari, the Muslim, Abu Daud, Niasi and Ibn Majah as under: The Prophet entered into the bond of Nikah with Ayesha when she was six, brought her home as wife when she was nine and died when she was eighteen The only narrator of the above Hadith in all the authentic books of Hadithh is Hasham Bin Urawah who narrated it with reference to his father, Urwah Bin Al-Zubair. After a very scholarly discussion, the author has proved that there was no narrator for this important narrative before the 145th year of Hijra. This is the reason that all books of Hadith compiled before this date do not register this narrative. Hasham Bin Urwah lived for the whole life in Madiha but none of Midinitte preservers of Hadith related it from his reference. Unlike this, Eleven Iraqi preservers of Hadith relate it through his reference and their narratives have been registered in the books of Hadith. Hasham went to Iraq only once in 145 Hijira when he was eighty four. It seems that he related this narrative at that time which was picked by the Iraqis. There was no one alive, at that time to recity the mistake or provide the original imformation. Therefore the statement of Hasham was taken as final and became acceptable for the whole Muslim Ummah when registered in all six most authentic books of Hadith. No one ever tried to investigate the matter. Afterwards, some experts in Hadiths attached it to their favorite references in order to strengthen the text of the narrative. All such narratives seem to be testimony of Hashams narrative apparently but prove to be dislinked when tested on the parameter of logic and argument. The author
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has proved, after having discussed all testimonies found in all the books of Hadith that these are dislinked. Even certain narrators are quite unreliable, liars and concoctors. The honourable author has assessed all those narratives that tell Ayesha as under aged. For example the statement of Ayesha that little girls from the neighborhood used to come to her in order to play dolls. According to the research of the author, this narrative is also attributed to Hasham. It is a permanent narrative which tells us the Makkan period of Ayesha when she was factually under aged but it was attached with the narrative regarding the marriage of Ayesha so as to make the statement look real. If it had been the incident during her Madinite period, her playmates would have been part of history instead of being wrapped in unfamiliarity. The author believes that the narratives regarding the singing of songs about the Battle of Baas by two maid servants and Ayeshas watching of War feats performed by Ethiopians do not prove childhood or playfulness of the Umm-ul-Momineen. Further the narrators have yoked the heterogeneous references together which have faded the reality away. The author has provided several proofs about the fact that many narrators had distorted the original narratives by adding to them. In this context, he has held a narrator, Abd-ul-Razaq particularly responsible for this. The author holds the same person responsible for adding some sentences to the narrative about the incident of Ifk which prove Ayesha to be under aged, negligent, unwise and the same. Despite the element of weakness in the narrative regarding the marriage of Ayesha, the autor, by taking a favorable view, has formed the opinion that the figures of tens and twenties might have been missed with the age reference of Ayesha in the narrative of Hasham. It means the Hasham might have related the age of Ayesha at the time of Nikah as sixteen or twenty six and nineteen or twenty nine at the time of her departure from her father's home but these figures might have, erroneously been left out while writing. This mistake was considered as true record in the later periods. In the second part of the book, the author has assembled all the prospects which determine that Ayesha was nineteen or twenty nine when she came to the Prophet's home as his wife, though the author is of the opinions that we should not determine the age by ourselves. It is sufficient to prove that Ayesha had attained the age of puberty when she came to the Prophet's home. The following are evidences and prospects regarding it: a) According to the narrative of Muhammad Bin Ishaq (a contemporary of Hasham Bin Urwah) in 'Seerat Ibn Hasham' Ayesha's name was included in
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the list of people who embraced Islam in the very beginning. She embraced Islam in the first year after proclamation of Prophethood by Muhammad (sws) along with her sister, Asma. The books like ' Mawahib Ladinah' by Qastalni, 'Sharh-i-Mawahib' by Zarqani and 'Hayat-e-syed-al-Arab' also enlist among those who excelled others in embracing Islam. Obviously, She was wise,grown up girl in the first year of Prophet hood of Muhammad (sws). Had she been in her infancy, she was not expected to accept Islam with all awareness. b) She has a narrative regarding the verse of Surah Al-Qamar, 'the hour of doom is their appointed time' that she remembered perfectly the time of its revelation. Al-Qamar was revealed in the fourth year of prophet hood. It means she was at an age when one can distnguish between different things and remembers them. c) The Bukhari registers the narrative about the migrarion of Habsha with refernce to Ayesha. According to this narrative she relates the incident she was an eye witness to and makes a comprehensive commentary on the Makkan period of Islam spanned over thirteen years. The migrarion to Habsha by Abu Bakr mentioned in this narration took place in the fifth year of Prophethood. It is obvious that a sane person only can describe her observation with such detail. Therefore, in the fifth nabavi year Ayesha's age should have been at a stage when an indidual can understand the affairs and express her opinion based on deep observation. d) After the death of Khadija, his first wife, the Prophet needed a woman to look ater his home. On this occasion, Khaula bint Hakim proposed the Prophet to marry either Sauda or Ayesha. Had Ayesha been under aged at that time, the proposal of Aisha would have been inappropriate at all because the Prophet needed a wife capable enough to sustain the burden of his domestic affirs and not a child to play with dolls. When this proposal was presented to Abu Bakar, he pleaded that Ayesha was just like a spiritual niece of the Prophet. How could she be suitable for Nikah? Had Ayesha been a child at that time, Abu Bakar would have pleaded that she cannont bear the load of the domestic responsibilities because of her young age. e) The author contains the detailed description regarding the Nikah of Ayesha. It tells us that Ayesha entered into the bond of nikah with Jabeer Bin Muta'am bin Adi before the death of Khadija.Jabeer was very hostile to Islam. His father, Muta;am Bin Adi was avoiding the departure of the bride because of his conflict in faith. When Khaula proposed Ayesha for the Prophet (sws), Abu Bakar went to Muta'am and asked him to take a clear decision about the marriage. Muta'am showed reluctance in accpeting Ayesha as his daughter-in-law owing to his hostility against Islam.
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Moreover, he was the son of Lord of Makkah and was obviously not short of young girls to marry. There was no justification for him to marry a minor girl and wait for at least ten years so that his bride would attain the age of puberty. It is, therefore, obivious that Ayesha's Nikah with jabeer would have taken place after she had attained puberty as it was customary in Arabia. f) The migration to Madina has been recorded in 'Tabqat Ibn Sa'ad' related by Ayesha herself. We come to know through it that the Prophet did not brieng the new bride home even after the lapse of some time after the migration. On Abu Bakar's enquiring, the prophet said that he had not yet enough money to pay as dower. It proves that the delay was not because of the underage of Ayesha. g) A narrative has been registered in different books of Hadith that several immigrants fell ill in the first year of Hijrah (migration to Madina). Ayesha visited some of them. On her return she describes the pitiable conditions of the immigrants to the Prophet and even related verses told by them expressing their misery. It is obvious that such description is beyond the capacity of nine year old girl. h) According to a narrative recorded in Bukhari and the Muslim Ayesha was present on the war front in the battle of Badar and Uhad and served water to the soldiers even in the most unfavorable circumstances. It is a fact that minor boys were forbidden to take part in these battles. Had Ayesha been under aged she would not have been allowed the arduous tasks meant for the grown ups only. Therefore, the reference to her minor age is untrue. i) Ayesha was adept in genealogies which was the peculiar art of Abu Bakar. She had learnt several verses by heart and used them according to the situation. Her perfection in the arts of genealogy and poetry shows that she had spent a lot of time with her father and leant all from him. If she had come to the Prophet's home at such a young age, she would not have been so well versed in these arts. It is noteworthy to note that such an art can only be learnt when one is mentally mature. j) Ayesha was quite at home in the injunctions of Deen, its expediencies and gradual progress. The books of Hadith are full of her opinions on theology. Could such intellectual depth and immensity belong to an under aged girl? We shall have to admit that she was quite mature in mind and intellect and was at the climax of her faculties of thought when married to the Prophet. This is why she went to the root of every affair and understood it in its proper context. This is how she benefited the whole Ummah through her sound opinion.

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We find certain scholarly discussions on the knowledge of Hadith in this book. The author has laid down the principles for the acceptance of Hadith. According to the author, the narrative of Hasham regarding the marriage of Ayesha does not qualify these principles. The author has, quiet diligently in the first chapter determined the period of gradual progress in the Knowledge of Hadith. According to his research, during the time of companions of the Prophet and their successors, there was just a trend to asses the narratives but they were not analyzed critically. This is why different narratives got intermixed on a large scale during that period. Owing to the non-existence of the art of cricticizing Hadith, several MURSAL Hadiths (where a link is missing) were included in the initially compiled books of Hadith like Mauta Imam Malik and Masnud Imam Abi Hanifa and these scholars accepted such narratives as true and reliable. The art of critically analyzing Hadith was brought to practice around 180 Hijra and was used for the compilation of the such books of Hadith considered as most authentic. But the previous intermixed narratives were also included in them regarding them reliable. A characteristic of this book is that it trains an intelligent reader how to learn the way of making a research in Hadith. The way, the author scrutinized the books of Hadith, the sources adopted to argue on the narrators and detected such narrators, these informations we get through this book which are helpful in practical training for research in Hadith. The honourable scholar deserves our appreciation and congratulations for this valuable work. He, not only, highlighted the person of Ayesha but also eradicated all allegations made against her by the enemies of Islam in order to distort the image of the Prophet (sws) . Such a book was greatly needed in this era. May God reward the author for his valuable task. " There could be a question in this context. At times, in some families the elders decide mutually about the marriage of their children even when they are minors. Can they refuse such a decision when they grow up to a sane age? The answer is that since a marriage is a free contract between an adult man and an adult woman, they are not bound to accept any such agreements made by their elders. As the complications arising by such agreements have been witnessed by the people therefore now this has become almost obsolete in the society. It is necessary that an engagement or Nikah of a minor should be declared illegal by the state. The next question is whether a wife can refuse physical relationship with her husband. The answer is that she can't do so in normal circumstances. It is against the basic spirit of the contract made between them. Both husband and wife have satisfaction and peace from each other if
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they are bound with fibre of strong physical contact. According to the Quran a woman must be obedient to her husband. As per narrative registered in the Bukhari the Prophet said: If a woman avoids her husband even for a single night and keeps him away from fulfilling his sexual desire, she is cursed by the angles until she tends towards her husband. According to a narrative of Ibn Majah the Prophet said: After the fear of God there is no other blessing of God favourable for a Muslim man than a nice wife who obeys him, receives him with a smile, does not refuse to what he demands, and protects her chastity and her husbands property in his absence. The situation when she is unwell or is having a psychological problem requires a different treatment. Islam directs man in such circumstances to take all these conditions into account, treat well with her and avoid bothering her. Hence, this is an aspect of their life where both have to regard each other, as it is extremely a private affair. Next question deals with the matter of the marriages in exchange (when a person marrying a woman gets his sister married to his wifes brother). What is the Islamic point of view here? The answer of Islam is very clear. Islam believes that it is in fact a deceit and has been forbidden. The Prophet forbade doing so in clear terms. It is not allowed in any shape and every one must avoid it. There must be legislation to stop this practice. Can a woman be married to the Quran? The reality is that such customs are nonexistent in Islam, rather they are a serous crime. According to the Quran, a woman can be married with a man only and vice versa. Is a man allowed to marry more than once by Islam? If so, what is the logic behind it and what are the terms for that? According to the Quran, it is advisable for a man to marry just one woman. This is the logic that God has created men and women almost equal in number, he created just one wife for Adam, It is quite natural for a man and a woman to form a joint home. The Quran says in Allah Aaraf: It was he who created you from single being. From that he created his mate, so that he might find comfort in her. And when he had covered her, she conceived, and for a time her burden was light. She crried it with ease, but when it grew heavy, they both cried to Allah, their Lord: Grant us a goodly child and we will be truly thankful. (Al-A raraf-7,189). However, if the social situation goes unusual as innumerable women becomes widows or a wife is unable to give birth to a child or the wife suffers from a disease that hampers her from looking after her home, a man
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may marry another woman even in the presence of his first wife. But the Quran has imposed two conditions in such circumstances. First that the man must maintain justice among his wives and second that no man can marry more than four women at a time. The detail of the permission granted by the Quran is that several Muslims were martyred in the Battle of Uhad waged by the pagans of Makkah upon Madinah. Resultantly, several women became widows and many children became orphans. It was feared that such children would experience a sense of deprivation as young men preferred to marry unmarried women or those who had no children before. So, the Quran encouraged the people to resolve this issue in this manner: (Believers) if you fear that you cannot treat orphans (as a result of Battle of Uhad) with fairness, then you may marry such women (these widowers) as seem good to you: two, three or four of them. But if you fear that you cannot do justice, marry only one or those you possess. (Al-Nisa-4,3). The Quran says: In no way you can treat your wives in a just manner, even though you may wish to do that. Do not set yourself altogether against any of them, leaving her, as it were, in suspense. If you do what is right and guard yourself against evil, (you will find) Allah is Forgiving and Merciful. (Al-Nisa4,129). Hence a man is allowed to marry more than one woman but he cant do that just at his sweet will rather there are two very clear conditions for that. First that it is meant for unavoidable circumstances only and second that justice be maintained among all wives to maximum possible level. Here an important question arises keeping in view the present circumstances. This permission is being misused in the present Muslim societies and people marry more than one woman without any prerequisite. They dont maintain justice between the two wives, rather dont give them even their due sights. Is a state authorized to make laws for the rights of woman and to protect them against the atrocities when such conditions exist in the society? The fact is that a Muslim society can make legislation to stop any kind of atrocity in the society. A Muslim state has its foremost duty to maintain justice in the society and eradicate injustice from it. This instruction has been issued by the Quran on various stages in clear terms (for example AlNisa-4, 54 and Al-Hajj-22, 41). It is, therefore necessary under present
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circumstances that legislations is done binding a man to seek the permission of the court before marrying for the second, third or fourth time. He should prove before the court of law that such a step is being taken by him under the most unavoidable circumstances. Secondly the court should make him bound to maintain justice among his wives practically and he would be punished in case of violation and would be forced to grant all rights to his wives. Besides women should develop awareness by demanding addition of the condition in the Nikah form that the husband would not marry further or would face certain restrictions in case of more marriages. There could be a question in certain minds why a woman is not allowed to marry more than one man under special circumstances when a man is granted such permission. The principled stand in this regard is that man is the head of the tiny state of family. As there cant be two heads of state therefore a home cant accommodate two husbands. So far as the special conditions are concerned like husband is azoospermic, the wife may obtain separation and such a man may marry a woman who already has kids of her previous husband. A woman may obtain separation in some other cases as well for example if the husband is a chronic patient. However, we must admit the fact that a woman is bestowed upon by God such a wonderful spirit of loyalty, sacrifice and sympathy that normally she does not leave such a husband, rather feels happiness and satisfaction in looking after him. But we do not mean to say that a woman should sacrifice her happiness on the alter of her loyalty with her husband. Law of Divorce According to Islam the relation between a husband and a wife is very sacred and quit significant and therefore it should stay intact to the maximum possible extent. However at times the circumstances bring the couple at a stage where they find it impossible to pull on together. For example conflicts occur due to contrary temperaments; both the parties violate the rights of each other or any other similar kind of situation takes place when the separation becomes inevitable. Hence, in such a situation Islam allows the husband and wife to sever every contact with each other by observing a particular procedure meant for such conditions. However, it must be borne in mind that divorce is the most undesirable thing among all admissible ones. Here we need to know the practical procedure of granting divorce.

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The Quran has issued the instructions about the divorce in great detail. Thus, we, first of all, shall present a summary of these and then they would be explained through some concerned Quranic verses and relevant narratives. If a man intends to divorce his wife, he should not do so when she is passing through her menstrual period. He should, rather give the first divorce to her after the lapse of her menstrual period when he has not yet slept with her. After this divorce the woman should stay at her husbands home till the lapse of three more consecutive menstrual periods. The man is bound to fulfill all the requirements of his wife during this period. During this period (Three months approximately), the man may reconcile with his wife if he desires so. They many resume their life as husband and wife. If the husband does not tend to his wife during these three menstrual periods, they will separate from each other after the lapse of this time. But they may remarry each other afterwards whenever they decide so. If the husband ever wants to divorce his wife for the second time, he will adopt the same procedure. However, if he divorces his wife for the third time, they will not be able to remarry each other. If the woman marries another man after the third divorce and her second husband dies or divorces her, she may remarry her previous husband. The detail about it would come on the forthcoming pages. Unlike man, if the wife wants separation, she will demand one divorce from her husband. If the husband does not agree, she can get divorce through the court of law. The court has only to verify whether the woman seeks the divorce at her own will. The court would not trace the reasons for the request for divorce and would order the husband to divorce his wife. This way husband and wife will be separated from each other. They may remarry each other if they freely desire so. In case they get separated for the second time, they can even then remarry if they like but they cant remarry after the grant of divorce for the third time. Now there is only one situation in which they can remarry, which would be discussed later. Thus the husband gives the divorce and a woman obtains it. This Quranic law has been described through Al-Baqara-228, 229,236,237,241. Al-Ahzab-49, AlTalaq-6, 14 and Al-Nisa-19, 21. Now we shall present some relevant references. The Quran says: Divorced women must wait, keeping themselves from men for three menstrual courses. It is unlawful for them, if they believe in Allah and the Last Day, to hide what He has created in their wombs: in which case their husband would do well to
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take them back, should they desire reconciliation. Women shall with justice have rights similar to those exercised against them, although men have an edge above women (being husband). Allah is Mighty and Wise. Divorce (after which the men may reconcile during the waiting period) may be pronounced twice, and then a woman must be retained in honor or allowed to go with kindness. It is unlawful for husbands to take that from them anything they have given them, unless both fear that they may not be able to keep within bounds set by Allah; in which case it shall be no offence for either of them if the wife ransom herself. These are the bounds set by Allah; do not transgress them. Those that transgress the bounds of Allah are wrongdoers. If a man divorces (for the third time) his wife, he cannot remarry her until she has wedded another man and been divorced by him; in which case it shall be no offence for either of them to return to the other, if they think that they can keep within the limits set by Allah. Such are the bounds of Allah. He makes them plain to men of understanding (who know the consequences of transgressing His bounds). When you have divorced your wives and they have reached the end of their waiting period, either retain them in honor or let them go with kindness. But you shall not retain them in order to harm them in honor or to wrong them. Whoever does this, wrongs his soul. (Al-Baqara-2: 228-231).

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At another place it says: If you (believers) divorce your wives, divorce them at (the end) of their waiting period. Complete their waiting period and have fear of Allah, your Lord. Do not expel them from their homes or let them go away unless they commit a proven immorality (adultery). Such are the bounds set by Allah; he that transgresses Allahs bounds wrongs his own soul. You never know after that Allah may bring to pass some new events. (AlTalaq-65: 1). After the above explanation about the law of divorce we shall take into account some issue arising out of them. Firstly if a man divorces his wife during her pure days (other than menstrual period) when they have met in private as well, what is the instruction of the religion in such position?

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According to the instruction of the Quran the waiting period must be carefully accounted. Since it is difficult to account for the waiting period in the above mentioned condition the husband should wait for her menses in order to confirm whether the woman is pregnant or not. He may divorce her when she is purified for such condition. The prophet says: That man should not divorce his wife when he has slept with her(the Muslim: Kitab-ul-Talaq). Secondly can a woman be divorced during her menstrual periods? The reply to this question is that Islam intends to prevent divorce to the maximum possible level and tries to save a home from dismemberment. This is why God has ordered to give divorce in a proper way and calculate the days of the waiting period truly He has ordered the husband and the wife to live together in the same home during the waiting period. The Quran says: You never know; after that Allah may bring to pass some new event(Al-Talaq-65:1) As the menstrual period brings a kind of distance between a husband and wife therefore there is a possibility that the husband postpones the decision of divorce. Therefore the prophet forbade the Muslims to divorce their wives during their menstrual periods in the light of Quranic instructions. When Abdullah bin Umar divorced his wife during her menstrual period the Prophet said: Tell him to meet his wife and divorce her when she is purified or it becomes clear whether she is pregnant or not: It is important to know whether such kind of divorce would be counted as described in the above two situations. The answer is that there would have been no instruction for reconciliation if this divorce had to be counted. The reconciliation matters only when the divorce is not counted. The two narratives quoted above prove the same. However two arguments can be given against it. Firstly, in the narratives Younas says: I asked Ibn Umar if he had counting that divorce. He answered, what was hurdle in committing it? Was Ibn Umar foolish or he could not count it? (The Muslim). However, it is proved through it that it was not said by the Prophet himself. Secondly according to Al-Mughni La-bin-Qadamat: Kitab-ul-Talaq, when the Prophet directed Ibn Umar to reconcile with his wife, he said to the
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Prophet what would have been your instructions if I had given three divorces? The Prophet said, In that case you would have disobeyed your God and your wife would have been unlawful for you. The real answer to this is that it is absolutely against the narrative of Ibn Abbas registered in the Muslim, so this is unacceptable. Next is the question that some people utter the words of divorce for three times or more than that when they get enraged with their wives and regret soon after that. This is so because there was no such strong intention nor it was a well thought action. Does the divorce get enacted? The issue has taken a serious turn now a days because thousands of families are undergoing anxiety and pain due to it. The authors, in this regard are of the opinion that such a divorce would be counted for just once. The brief argumentation in its support is as under: Firstly, the faith is based on convenience and not on inconvenience. It has been repeatedly laid down in the Quran as follow: Allah desires your well-being, not your discomfort. (AlBaqara-2: 185). Allah has laid on you no burdens in the observance of your faith. (Al-Hajj22: 78). There are several Quranic verses giving the sense that God burdens a man according to his capacity. He does not want to give discomfort to him and that He wants to lessen the burdens of man as He has been created weak (For example Al-Maida-6, Al-Nisa-4: 28 and several others). Since the issue of divorce is very delicate and grave which ensues several complications for the couple and their families, the new legislation regarding it should be based on the comfort of the human beings. The law of divorce formulated by God has been based upon the same principle. Therefore the detailed legislation in this regard and the judicial decisions should be made keeping this principle in view. There should not be any discomfort for them. The same has been described by the Prophet, Faith is very easy and, make convenience for people and dont put them in inconvenience. (The Bukhari). Secondly, it is proved through the Quranic verses and the narratives studied in the light of the Quran that divorce is an issue of serious nature and it should be decided after much reflection and not under the immediate circumstances.

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According to the Holy Quran God, appreciated a lot the understanding between husband and wife and declared them apparel of each other (AlBukhari-2: 187). A husband is asked to pull on with his wife even if he observes certain weakness in her (Al-Nisa-4: 19). In case of a dispute carrying too long, they should be brought to a compromise after appointing one representative from both sides (Al-Nisa-35). If the situation leads to divorce, husband must keep a record of the waiting period properly (Al-Talaq-1). After the divorce, neither the husband should expel the wife from his house nor is admissible for the wife to leave the home herself. Both husband and wife are directed to live in the same house together after the divorce so that they might reconcile if possible. While explaining the same Quranic verse, the Prophet told that divorce is the most undesirable to God among the admissible things. (Abu Daud-Kitab-al-Talaq). This is why the Holy Prophet forbade men to divorce their wives during their menstrual period. Since man and woman live apart during these periods, they dont display the usual mutual love and there is a strong possibility that the husband changes his mind after the passage of this period. (The Muslim: Kitab-al-Talaq). The Prophet forbade a man to divorce his wife during her purified period when he has met his wife in private as it is difficult to count the days of the waiting period in such case. Whenever such a matter was presented before the Prophet, he directed the man to reconcile (withdraw divorce) and decide it afterwards in a proper way. (The Muslim: Kitab-al-Talaq, AbuDaud: Kitab-Talaq). Not only this but the Quran directs man also that the divorced woman should be sent from his house after having paid her due in a proper way (AlBaqara-2: 241) and that he should appoint two responsible evidences while sending her or reconciling at the end of the waiting period. The Quran goes a step further. If the husband and the wife do not reconcile during the waiting period ensuing the first divorce, the Quran allows them to restart their life as husband and wife so that the family gets united again. Not only this the Quran keeps also the door for Nikah open for the third time if they fail to reconcile during the waiting period after the second divorce. However, after the third divorce they cant remarry directly. The above instructions and rules are worth reading, rather worth considering repeatedly. One should try to understand, in the eight of these instructions, the real spirit of the religion in this matter. Is it the spirit of Islam to to destroy the family the moment the husband utters the words of divorce thrice or unlike this provides the couple
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an opportunity to unite again by going relexation to them to the maximum? Obviously, every right mined persons conscience would acknowledge that it is against the spirit of Islam to punish severely for such a mistake without providing an opportunity to reform the situation. Another factor must be kept in mind. Divorce can only be valid if the husband has expressed his decision with all sanity. If he lost his temper and got his sanity damaged, the divorce would stand invalid. Keeping this principle in view, the Prophet told that neither divorce accorded by a minor, insane and mad nor the divorce given by a man while he was intoxicated or he was pressurized, would be considered valid. If the immediate and intense rage is analyzed on the standered of the same principle, we would come to know that the individual is not in his senses completely, loses control upon himself and becomes delirious in such condition. Thus, he utters such words, which he would avoid in normal circumstance. Therefore a person uttering such words for many times in such a condition should be given relaxation. Under the prevalent circumstances when people are experiencing a frequent state of anxiety due to several psychological problems, the significance of such a relaxation increases manifold. On the basis of the above three arguments, the authors of this books believe that the divorce accorded under an immediate and intense rage should be counted as a single divorce. Thus such a person would lose one chance but he would still have a chance for reconciliation. Two things can be said in dissidence to the above discussion. Firstly, divorce is always accorded in a state of anger. It is not true. Just refresh the second argument in the context of the above discussion, which tells us to divorce a woman after much consideration and reaching the conclusion that the couple cannot live together anymore. The Quran provides him further two chances for reconciliation even in this condition. Hence it has no foundation in religion. Secondly, it is said that Umar had declared to punish the individual who would accord three divorces at a time and would implement all the three divorces. It is necessary to keep certain things in mind, in this context. First that Umar was a ruler. A ruler has to formulate some laws in order to tackle with some immediate problems but these laws are of temporary nature and do not assume the status of permanent laws. The only everlasting thing is Quran and Sunnah. We should, therefore keep in view those circumstances under which Umar gave his verdict. In fact, during the regime of the Holy Prophet, Abu Baker and Umar (for some time) when people, after having divorced their wives thrice, stated that they intended to divorce just once, they were
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granted the right of reconciliation, implementing just one divorce. Later, Umar realized that people were exploiting the rights of women on the basis of this relaxation. It was so that they used to expel women from their houses after having divorced them thrice and placed them in a state of shock. When the women decided to start their new lives by marrying, their old husbands used to give statements in the court that they, in fact intended to give just one divorce. This way they used to strike women with double shocks. Therefore, Umar took an administrative measure to save women from that oppression. Every Muslim government has a right to devise such administrative measures. For example Valima (the feast in connection with the marriage accorded by the bridegroom) is a practice according to the Sunnah but it can be cut to a limit by the state if it becomes a source for display of wealth and a mental torture for the poor. However, it would be a temprory decision and a government can change it with the change of circumstances. Second important thing to note is that Umars above quoted decision has nothing to do with the divorce given in a state of rage. Wherever it has been quoted, there is no mention of rage. Therefore, this decision is not implemented on such divorce. Third important and noteworthy point is that Umar made this law to save women from oppression whereas under the present circumstances legislation is required quite otherwise in order to save women from oppression. People, in those times were well versed with the law of divorce and used to exploit it for their personal interests while people of the present time are hardly aware of this law of divorce and consequently cause trouble for themselves and for the whole family. Therefore, Umars decision cannot be accepted as a precedent nowadays. In the light of the above discussion, the authors of this book are of the opinion that the divorce given under the state of rage which ensues repentance would be considered just one, irrespective of the fact that the husband uttered these words for more than twice at a time. Next, we have to understand that if a man grants three divorces to his wife at a time after much reflection, would it be considered as just one divorce or it should be realized that the individual has availed at the same time the right of all the three divorces for the whole life and has, thus separated himself from his wife forever? In fact it is a very complicated issue. However, we would try to express our point of view by making it easy to some extent. We noticed through the above pages that God told us a particular procedure for divorce. Now if a person violates it, he will be committing a
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major sin and would act contrary to the instructions of God. It is required to know that what is to be done if an individual happens to do so. God has left it to the state and society to find a solution to such an issue according to the circumstances. The state may decide to declare it just one divorce or punish the person who violates the law or separate the husband and wife permanently by imposing all the three divorces considering them as distinct event. Obviously, the welfare of the family and society would be kept in view while taking a decision in this context. The condition of woman must be kept in observation so that their rights be safeguarded and they should not be troubled undue. Since God has left the collective organization of Ummah free in this issue, the instructions in this context kept changing with the circumstances throughout the period of the Holy Prophet (sws) and the pious caliphs. According to a narrative of Abu Daud and the Bukhari a man got himself separated from his wife after having divorce her for thrice at time. The Prophet called him and asked him to reconcile with his wife. The man argued that he had given three divorces to his wife. The Prophet said, I know that yet you must reconcile. After this, the Prophet recited the verse Al-Talaq. Hence, the Prophet told that man that it was not the proper way to divorce. In the likewise manner when the Prophet was once told that some person had granted three divorces to his wife at a time, he stood up in anger and said, People are playing with the Holy Book even in my presence. Seeing the anger of the Prophet, a person stood up and said, O Prophet of God! Should I kill this man? The Prophet, even in his own life adopted a different view as well. The incident of a companion of Prophet Rukana bin Abu Yazeed registered in Tirmizi, Masnad Ahmad and Abu Daud tells that he swore before the Prophet and said that he intended to give just one divorce to his wife although he had used the word of divorce thrice. Therefore the Prophet declared it just one divorce. Afterward, Umar made legislation according to his own circumstances. He observed that people were violating the right of women. People were in a habit of giving the impression of complete separation after having divorced their wives thrice at a time. When those women made up their mind to remarry (it is proven fact according to the books of Hadith and history that it was not inconvenient for women to marry a new husband after the expiry of the waiting period, in ensuing divorce by their previous husband rather it was a general practice). Their previous husbands declared in the court that they intended to give just one divorce. This used to lead
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long judicial proceedings which was harmful for women. Therefore, in order to save women from this trouble, Umar made the law that all the three divorces will be implemented if done so by individual and the women will be free to settle down for a new husband after the expiry of their waiting periods. According to a narrative of the Muslim: Ibne Abbas said that during the regime of the Prophet, Abu Bakar and the first two years of Umar it was the practice that all three divorces given by an individual at a time were considered as one divorce. Afterwards Umar said, people were showing haste in the matter where they should have been showing much care and tolerance. Why should we not impose three divorces upon them? Thus he did so. The statement of the Muslim is the most authentic on this matter. It becomes clear trough this narrative that Shariah has done no legislation in this matter. Thus Umar was free to issue an order contrary to the practice carried on during the time of the Prophet and Abu Bakar. Hence, it is our duty, now to think what sort of legislation would be suitable for the society, family and women in particular according to the present circumstances. In the present situation, people are generally ignorant of the procedural measures of granting divorce. This is the reason that it is a general impression that the divorce does not get enacted unless the word of divorce are uttered for three times. The other worth noticing fact is that people have been stricken with anxiety, restlessness and dejection to such an extent that they start thinking of divorce even at trifles. Further, the word of divorce has assumed the status of abuse for divorced women and hence they find it almost impossible to marry a new husband in present circumstances. It is, therefore obligatory upon us to invoke the order of the Prophet in the present circumstances, which says that all divorces granted at a time would be considered as just one. Hence, it is essential that it should be enforced as a law on the state level and all judicial documentation be made accordingly. Next, is the question that some people declare it for thousands or two thousands while granting divorce; what should be done to this? The direct answer is that it is a sin to utter such word and an open violation of the rule of God. Such a man should be punished by the state for uttering such vulgar word. However it should be considered just one divorce from the legal point of view. What is Khulaa?

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In fact the Quran has granted woman the right to get divorce through Al-Baqara. The reference of the verses 228-231 has already been given in this context. This right has been named as Khulaa in some of the narrative. If a woman reaches the conclusion that she can no more live with her husband, she may demand divorce from her husband. It is obligatory upon her husband to give her one divorce in such a situation. However, he may demand from his wife to pay back a part of what he has already given to her. It is desirable that the issue of Khulaa is settled within the fourwalls of a house. If a woman surrenders all of her dower, no obstacle is left in her way. However, the woman has a right to approach the court of law in case of a dispute. The court has simply to perform two functions: To give enough time to both the parties so as to create an opportunity for reconciliation and to decide what portion of dower given by husband to wife should be paid back to him keeping in view all requirements of justice, circumstances and the future of man and woman. There are two further important issues in this context. First, whether it is essential for a woman to tell some reason while demanding Khulaa?. For example, a woman accuse her husband of oppression, injustice, lack of virility or immorality and prove it in the court of law to get Khulaa.? Islam believes that it is not at all required. It is proved through the several incidents found in many narratives that whenever a case of Khulaa, was presented before the Prophet. He investigated in a normal way, tried for reconciliation and set the couple apart when it was proved that the wife was reluctant to remian as the wife of her husband any more. Those who consider that woman must prove a serious allegation against her husband, they are of the opinion that husband and wife should be set apart when they fail to respect the limit of God. It means that first it should be proved that the husband crossed the limits of Allah. In fact, it is just a misunderstanding. The Quran never said so. The Quran, on the contrary says that when the nature of the husband-wife relationship reaches a stage where it is feared that both parties would not be able to remain within the limits of Allah, either of them can get separation. Hence the Quran talks of future, not of the past. It would be appropriate to study the translation Al-Baqara, 2:229. It is unlawful for husbands to take from them any thing they have given them, unless both fear that they may not be able to keep within the bounds set by Allah; in which case it shall be no offence for either of them if the wife ransom herself. (Al-Baqara 2:229)

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Next question is whether a man can keep the decision of divorce hanging in the balance when asked for his wife or by the court. Is it his prerogative to divorce his wife or not? The answer is in negative. If the man refuses to divorce his wife and decline the court order, the court can give the verdict of separation by itself and can even punish him for disobeying the court. If we study the above Quranic verse again, we shall come to know that woman has a right to get divorce by paying back a portion of what has been paid to her by her husband. It is essential that some sort of legislation done on the state level making it clear that a woman need not prove some serious allegation against her husband in the court in order to acquire Khulaa. It should also be ascertained that the court would grant Khulaa, to her within two to three months after the filling of the petition so that the woman start her life a new as soon as possible. There is another important question whether a woman can be granted the right of direct divorce while preparing the bond of Nikah. It means that a woman also get the right to divorce her husband when she desire. Generally, it is assumed that it is possible. Unlike this, we believe that this is contrary to the Qurans concept of Nikah. It is an interesting fact, in the context of this question that our point of view, except on this matter is generally in favor of womens rights on all important issue. On this particular issue our opinion differs from general opinion. The real cause here is that we have the Quran as a source of guidance. Since we believe that the Quran has granted all those rights to women which are being denied today in the general muslim society, we have expressed the opinion found through the study of the Holy Quran. We find that the Quranic instructions, in this matter is quite different from the generally conceived notion. Hence we are making this matter clear. According to the Quran, the marriage tie is in hands of man. He plays the active role in Nikah and the authority of divorce too, rests with him. Whereas a woman enters into the bond of Nikah with the man and can get divorce if she desires. The Quran, while describing the law of the dower in a special matter makes it clear that the marriage tie lies in the hand of man. The law says that if the man and woman have entered into the bond of Nikah and the dower has been determined but divorce takes place before the brides departure from her home, the man will have to surrender half of the dower. The Quran syas:

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If you divorce them before the marriage is consummated but after their dower has been settled, give them half of their dower, unless they or the man in whose hands is the marriage tie agree to forgo it. But it is more pious that he (husband) should forgo it (whole dower). Do not forget to show kindness to each other. Allah observes your actions. (AlBaqara 2:237) In the light of the above quoted Quranic instruction, we believe that a woman cannot be granted the right of divorce through the bond of Nikah. Contrary to our opinion expressed above, the argument in favor of general point of view is that God instructed the Holy Prophet through AlAhzab: 28 to set his wives free from the bond of Nikah in a proper way after giving them their due if they were desirous of this world and its ornaments. The Prophet, thus put option before his wives. Hence, every Muslim can also grant the right of divorce to his wife. This argument is not justified; because the special principle mentioned in Al-Ihzab were meant for the Prophet and his wives only and they had nothing to do with general Muslims. The right of separation given to the Prophets wives here does not meant, according to the Quran itself that it was a right meant for all muslims. The Quran explained it by telling that the path of the Prophet was difficult and needed much tolerance. If any of the Prophet wives was unable to pace with him in that uphill task, she could get separation. The Quran says: O Prophet, say to your wives: if you seek this life and its finery, come, I will make provision for you and release you honourably (Al-Ihzab 33:28) It is obvious that the world and its finery is, according to the Qurans clear explanation, admissible for general lot of mankind. It was disallowed for the Prophet and his wives only. This is why the special status of the Prophets wives determined further in the Quran: O wives of the Prophet! You are not like the ordinary woman. Next the Prophet has been told, in the context of his wives, This is only for you and not any other believer. The careful study of Al-Ahzab makes it clear that the law of marriage and divorce for the Holy Prophet were different from those meant for ordinary Muslims. Thus they cannot be applied in normal circumstances.
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Therefore, it must be acknowledged as a fact that man has a right to give divorce and woman has a right to take divorce (Khulaa). When a woman has this right, there is no justification of granting this authority to her. Next question is whether a woman is bound to return the whole dower in case she obtains Khulaa. The answer is in negative. It is proven through the Quran and Hadith that a part of what has been granted by the husband to wife may be returned to the husband through a proper accord and the rest should be left with the wife. It is good if this accord takes place within the house or its terms are a part of the bond of Nikah. However, if the matter reaches the court of law, the court will do justice in every matter keeping in view all circumstances. The Quran says: It is unlawful for husbands to take from them anything that they have given them, unless both fear that they may not be able to keep within the bounds set by Allah; in which case it shall not be offence for either of them if the wife ransom herself. These are the bounds set by Allah; do not transgress them. Those that transgress the bounds of Allah are wrongdoers. (Al-Baqara 2:229) An incident from the Bukhari Kitab-ul-Talaq throws light upon the above verse. According to this narrative, The wife of Sabit bin Qais came to the Prophet and said, O Prophet of God! I do not want objection to the faith or character of Sabit but I myself fear to run contrary to Islam. The Prophet inquired of her whether she would return the garden given to her by her husband. She replied in affirmative and agreed to returned it in fact. Therefore, the Prophet ordered for separation between the two. In the above quoted narrative, a sentence has been uttered by the woman, I, myself fear to run contrary to Islam. She, in fact wanted to express that she might not be able to observe the instructions given by God about remaining obedient and loyal to her husband if she continued living with him despite her hatred for him. The second important thing in this narrative is that Sabit had given a precious gift of a garden in the form of dower. It is obvious that she had no justification for keeping that garden with her when she did not want to live with him. This is why the Prophet inquired whether she was ready to surrender that garden. We conclude through this narrative that the court of law should decide to return parts of such a gift of dower by the wife keeping in view various factors when such a case is registered for hearing. These
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factors may include the duration of husband-wife relationship, children, the temperament of husband and wife, given circumstances and other important things. Next question requires the meanings of the word Eilaa (swearing) used by the Quran. In fact at times, the tension between a husband and wife mounts to that extent that the husband swears not to have any kind of relationship including sexual contact with his wife. God directs that such a man should reach a decision whether to live normally with his wife or divorce her within four months. Husband and wife are not allowed to keep away from each other more than this period. The Quran says: Those who swear not to go to their wives must wait for four months. If they change their mind, Allah is forgiving and merciful; but if they decide to divorce them, know that He hears all and knows all. (Al Baqara 2:226-227). Next question is what is meant by the Arabic word Zihar (Divorce by the formula: Be to me as my mothers back) used in the Quran? In fact it was a cultural practice in Arabia during those days that an angry husband used to utter this word for his wife, You are just like my mother. Those days it was considered severer than even divorce. It was so because in the Arabian culture, before Islam there was a room for reconciliation after divorce but no chance was left after Zihar. Since all this was out for intense rage which ensured repentance for both the parties, God declared it null and void and issed an instruction for that. We know through the study of the Quran that a woman presented her matter related to Zihar before the Prophet. She expressed her fear that the whole of her family would be dismembered if she had been separated from her husband. It is testified through the different narratives that this woman was Khawaila whose husband Aus had done Zihar to her. Aus, due to his old age had become short tempered and a bit cynical. Therefore, the Quranic instruction was revealed on this issue. We realize through this instruction that Islam protects the security of unity of a family and saves it from disintegration to every possible extent. The Quran says:

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Allah has heard the words of that woman who pleaded with you concerning her husband and made her plaint to Allah. Allah has heard the arguments of both of you. He hears all and observes. Those of you who divorce their wives by Zihar should know that they are not their mothers. Theirs mothers are those only who give birth to them. The words they utter are unjust and false: but Allah is Pardoning, Forgiving. Those who divorce their wives by Zihar and afterwards retract their words shall free a slave before they touch each other again. This you are enjoined to do: Allah cognizant of all your actions. He that does not have (a slave) shall fast two successive months before they touch one another. If he cannot do this, he shall feed sixty of the poor. This is enjoined on you so that you may have faith in Allah and his apostle. Such are the limits set by Allah. A grievous punishment awaits the unbelievers. (AlMujadila 58:1-4)

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We believe that the above quoted instructions about Zihar if studied minutely testifies indirectly our point of view regarding the grant of three divorce in a state of rage. We suppose that it would be in accordance with the spirit of Islam if declaring the three divorce given at a time as just one divorce and the above mentioned punishment should also be imposed on the husband by the state. Next question is what is meant by the term Laan. It means that if a man witnesses his wife with another man in a state of adultery but has no evidence except himself, he and his wife would both appear in the court of law. The husband will swear for five times in support of his claim and wife will also swear for five times if she denies the charges. After that they will be separated from each other forever. The Quran says: And those who accuse their wives and have no witnesses except themselves, let each of them testify by swearing four times by Allah that his charges are true, calling down in the fifth time upon himself the curse of Allah if he is lying. And they shall spare her the punishment if she swears four times by Allah that his charges is fault and call down Allahs wrath upon herself if it be true. (Al-Noor 24:6-9)

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Next question is that according to the Quran, husband is responsible for all necessities of life required by his wife during the waiting period after divorce (three menstrual periods for an ordinary woman and till delivery of the child for a pregnant). Can a woman stay for the above mentioned period at the residence of her ex-husband and is he responsible for all her necessities after third divorce (after reconciliation is disallowed)? There are two opinions in this regard. First that man has no obligation to fulfill the requirements of his wife after third divorce. It is argued in its support that Quranic word When they have reached the end of their waiting period, either retain them in honor or let them go with kindness tell us that man is not responsible for the requirement of his wife after the final divorce as there are no chances left for reconciliation. It is also argued that the Quran, while mentioning about the responsibility of a husband towards his wife also says, You never know; after that Allah may bring to pass some new event. It indicates that husband and wife are directed to live in the same house so that the situation may get reformed. It is obvious that there is no possibility of any such situation after the third divorce. A famous narrative of Fatima binte Qais registered in several authentic books of Hadith is also presented as an argument in favor of this point of view. According to this narrative when Fatimas husband divorced her for the third time, she went to the Prophet with the plaint for her right of residence and other requirements of life. The Prophet did not declare her deserving for all that and directed to complete her waiting period at the residence of another of his companions. We believe that all three arguments quoted above are not very sound. Firstly, because after the verses 1-2 of Al-Talaq the matter of the residence, feeding and clothing of a woman has been repeated through the verse 6 before winding up the matter. This repetition intends to make this right of a woman clear. Secondly, the Quranic word, You never know; after that Allah may bring to pass some new event have a vast connotation. It has an indication in case of third divorce that God will open new dimensions for man and woman both after that interim period. It also indicates that a woman, however needs her requirements to be met with during that interim and emergent period. Thirdly, God would have revealed it clearly in the Quran if there was no obligation upon man towards the woman after the third divorce. So far as the narrative of Fatima binte Qais is concerned, prominent scholars like Umar (second Caliph of Islam) and Aysha (The

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Prophets wife) have refused to accept it despite its valid reference. Umar said, We cannot overlook a Quranic verse and the Sunnah of the Holy Prophet just because of the saying of a woman, who does not know what she remembered and what forgot. I have heard myself from the Prophets mouth that a woman divorced for the third time deserves residence and feeding too. This narrative of Umar is registered in the Muslim too along with other books of Hadith. Ayesha also believed that Fatima had misunderstood the matter by going out of the context. This is why Aysha used to say, It is better not to mention the narrative of Fatima. There is no good in mentioning it, what has gone wrong with Fatima? Does she not fear from God? (The Bukhari) Various other narrative make us realize that Fatima binte Qais was sharp tongued and impertinent. This was the reason that her case was decided in an unusual way. The above discussion makes it clear that a woman deserves the facilities of residence and living expenses during the waiting period even after the third divorce. Next question is whether there could be some legislation for the protection and compensation of the right of a woman. The answer is that Islam has only accorded the guideline and has left the matter of detailed legislation upon the time and circumstances. In fact circumstances differ with the passage of time. So it is necessary that different legislation is done according to the requirement of time. The Quran has given the guiding principle that whenever a woman is divorced: Must be retained in honor or allowed to go with kindness. (Al-Baqara 2:229) It further says: When they have reached their prescribed time, either keep them honorably or part with them honorably. (Al-Talaq 65:2) There are two important Arabic words in the above quoted Quranic verses; Ihsan and Maaroof. Ihsan means doing something in the best
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possible way so as to satisfy the other person completely. Maaroof has a large connotation. It gives the sense of every such good, virtue and work of excellence which has been declared as virtuous step by the religion which is determined as welfare according to the intellect, wisdom and mass observation and experience of man. According to this, every responsible statute of law, custom and constitution is also called as Maaroof. Hence, the Quran directs that such an appropriate procedure should be adopted in the matter of divorce, keeping in view the prevalent circumstances which should guarantee the protection of the rights and career of a woman. If such a system already exists, there is no need for further steps. If such a system is non-existent in the society, it is the responsibility of the state to legislate and get it enacted in the required form under Maaroof. We observe that there was no need for any such legislation during the period of the Prophet. Every divorce woman was offered many proposals for marriage immediately after her waiting period had been over and she used to accept one of them. It was considered good for divorced woman to marry anew immediately after the lapse of her waiting period, nor men were hesitant to marry a divorced woman. There are innumerable narrative in the books of Hadith and countless events in the manuscripts of history that approve the above fact. The situation of the Subcontinents Muslim society today is quite different. Here divorce is looked down upon. Generally, no man is ready to marry her. Mostly a woman is divorced when her parents are dead and all of her brothers and sisters are well settled in their respective homes. Hence she becomes all alone and appears to be a picture of intense grief and misery. It is, therefore necessary that proper laws are made for her future. Such legislation can have two forms. First that the first husband must be made bound to pay some suitable amount on monthly basis till the woman marries a new man. Second that man should hand over some reasonable amount to the woman at the time of divorce. The first method does not conform to the spirit of Islam as it might tempt the woman not to marry again whereas an Islamic society asserts that every adult man and woman must get married. Moreover, a woman remains dependent upon her previous husband permanently under this method, old memories die hard and the woman cant plan in a proper manner to proceed in her life according to her capability. We, therefore consider the second method as more proper. It means that there should be a law making the man bound to pay a reasonable sum of
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amount to the woman at the time of third divorce. The court may make changes in the amount after viewing all circumstances. The court will have to keep numerous factors in view like fixing the main responsibility, the duration of couples joint stay as the woman would have served her husband free of cost for that duration and she would face much difficulty in searching a new husband now and the financial conditions of both husband and wife individually etc. This method is fruitful for both man and woman, as man gets relieved of his obligations for ever and the woman can also start her new life instantly.It is, therefore obligatory upon every Muslim state to introduce legislation in this context immediately. It would close the door of oppression and would open the gates of Ma aroof and Ihsan. However, people should enter this term in the bond of Nikah as long as the state does not take a step in this direction. Next question is whether a married couple can remarry each other even after the third divorce. It is possible just in one situation. If the woman marries another man but is divorced by him too or he dies, she can remarry her first husband. The Quran says; If a man divorces his wife (finally), he cannot remarry her until she has wedded another man and been divorced by him; in which case it shall be no offence for either of them to return to the other, if they think that they can stay within the limits set by Allah. (Al Baqara-2:230). It gives us the message that our religion is so particular about keeping a family intact that it always keeps a door open even after the repeated separation. Next question requires the meaning and description of Halalah. The religious sense of the word Halalah has been described in the above paragraph. Now a days, it is used to mean that when a man divorces hiswife for three times in the same wake in a state of rage but repents later, conspires with his wife to get her married to another person in a fake manner and plans her divorce after she has passed one or two nights with her new husband. This way he marries his first wife after the waiting period is lapsed. It is obviously a conspiracy and not a marriage. The term Nikah is known for the contract of marriage in which man and woman vow to live together as husband and wife forever. A relationship without this vow is merely adultery and not a Nikah. This is why, according to a narrative in

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Ibne Majah, the Prophet assimilated such a man to a hired bull. According to a narrative registered in Tirmizi and the Nisai the Holy Prophet said: The one who does Halala and the one who gets it done are both cursed by God. Such a Hala la is a plot against the dignity of mankind. Therefore it is necessary that there should be some strong legislative measure to counter this malpractice. Next thing to be known is what should be done of kids in case of a divorce. It is desirable that the man and woman reach some mutual decision otherwise the court can make any judgment about the children keeping in view their circumstances. However, it should be kept in mind, in this context that the mother is more suitable for the look after and brought up of infants and small kids. A narrative registered in Abu Daud says: A woman said to the Prophet, O Prophet this is my son who was born to me, fed by me, brought up in my lap and now his father has divorced me. He wants to acquire this child too. The Prophet said, you deserve more to keep the child until you marry. (it means that in such a situation court will have to consider the case of father and mother both) If the child is sensible, his choice would be preferred. The Prophet decided some cases according to the desire of the child. It looks proper to discuss another issue as well after a comprehensive discussion on the Islams concept of family. The Prophet married for several times during the last nine years of his life (fifty four to sixty four years of age) whereas he lived with only one wife during the first twentyfive years of his married life. It is noteworthy that his first wife, Khadija was fifteen years older than him. At the time of Khadijas death the Prophet was fifty. He married another old widow who remained as his sole wife for the next three years. He married several times during the last nine years of his life after he had come to Madinah. What is the justification of this apparently strange action? In fact, after the first two, rest of all marriages of the Prophet were for the accomplishment of the Prophethood. The whole matter of these marriages was in direct control of God. This is why the Quran declared it a process of the performance of the Prophethood and made the specific laws regarding these marriages clear. The Prophet was not allowed to marry outside a particular circle. He was not allowed to divorce any of his wives. His wives were also not allowed to remarry after the death of the Prophet. They were declared as the mothers of all Muslims and were imposed some

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additional restrictions as compared to other Muslim woman. All this has been described in detail in Al-Ahzab. Khadija was the first wife of the Prophet. The Holy Prophet was just twenty-five while Khadija was forty years old at the time of their marriage. Khadija had become widow thrice before this marriage. All her three husbands died in succession. She had been the only wife of the Holy Prophet for the next twenty-four years. Thus the Prophet spent the whole period of his youth with an old widow. He loved her the most which he always expressed. The Prophet married Saudah a few months after the death of Khadija. It was still the Makkan period of the Prophet. Saudah was also a mature widow of fifty. After the migration to Madina some important requirements were realized from the womens point of view. First the Muslim population started growing rapidly. There was a dire need of some women who should have been trained directly by the Prophet so that they should be able to impart the same to the women who newly entered the circle of Islam. Second that the Muslims had been embattled by some very important tribes. The only way to merge these tribes in Muslim Ummah was to develop their relationship with the Holy Prophet. It was also necessary that there should be some women able to impart Islamic social values to other Muslim women. There were certain malpractices in the Arab Society, which needed reformation. The Prophet married several women during his last ten years for the accomplishment of all these objectives. Among all these wives of the Prophet, Ayesha was the only woman who was unmarried before entering into the bond of Nikah with the Holy Prophet. Rest were all widows or divorced. Each of these marriages was a source of help for the promotion and propagation of Islam. It should also be remembered that some of the Prophets wives kept on educating muslim women for almost half century after the death of the Prophet. In fact, the same was the background of the marriages of the Prophet. SUMMERY To sum up the whole chapter the important points are given as under:. 1. Any sexual relationship outside the bond of marriage is disallowed. 2. Nikah is an open, free and subtle contract between an adult man and an adult woman.

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3. Ideal married couple is like apparel for each other. They take care of each other. They have equal rights and obligation in usual circumstances. 4. Man is bound to fulfill all valid requirements of his wife. He is not allowed to tease her and be cruel to her. He has to adopt a nice attitude towards her. 5. A wife has to be obedient and loyal to her husband. She will keep his secrets. 6. Man is the head of family who is responsible to meet all the requirements of family and accord protection to it. 7. In normal circumstances, a husband is not allowed to strike his wife physically even if he gets intensely enraged due to her negligence. 8. The husband can punish his wife mildly for the larger interest of the unit of family if the wife revolts against him by taking interest in other men. 9. In case of a dispute, one representative from each party should decide the matter together. 10.Dower is the right of the wife. 11.Some close relatives cannot marry each other. 12. Some specific conditions can be included in the bond of Nikah for the grant of sense of security to a wife. 13.It is proper to get the consent of the family regarding a marriage. But the couple has the final authority in this matter. 14.The age of Nikah commences after the attainment of the age of puberty. 15.A wife cannot, normally decline the request of her husband for a physical contact but a husband should also respect his wifes desire. 16.A marriage in exchange is forbidden. 17.A man can marry more than once in case of a just reason only. The husband is bound to maintain justice between his wives. 18.When the co-existence is impossible, a man may divorce his wife and a wife may get divorce as well. 19.The right of divorce is for three times only. 20. It is forbidden for a husband to divorce his wife when she is passing through her menstrual period or when he has slept with he in purified state and her next menstrual period is not yet approached. 21. All three divorces given at a time should be considered as one and a man guilty of such act should be penalized. 22.Khulaa is the right of a woman. It is not obligatory upon her to accuse her husband for this purpose. She may surrender a part of her dower on this occasion through mutual consultation. 23.A wife cannot be granted the right of divorce through the bond of Nikah.
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24. The maximum period of Eala is four months and ten days.

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25.A divorce does not fall at the time of Zahar. However, the husband will have fast for sixty consecutive days or feed sixty poor persons. 26.Laan, would be decided on the basis of the swearing. 27.The man is responsible for the residence, food and other requirements of his wife during her waiting period even after the final divorce. 28.The religious concept of Halala is altogether different from the generally misunderstood concept nowadays. The present practice of Halala is, in fact a farce. 29.The matter of the children should be decided according to the existing circumstances in case of a divorce between their parents. 30. All marriages of the Holy Prophet during the last nine years of his life had taken place on the direct orders of God for the proper accomplishment of the objectives of his Prophethood. Some proposals have been made in this chapter for the Government to have legislation in this context. Here is a summery of them all: 1. There should be a law against the violence at domestic level. 2. A new Nikah from should be devised mentioning clearly all such terms that grant a sense of security to a woman. 3. The court should declare instantly a court marriage. 4. The right of a woman towards marriage should be made clearly part of law. 5. The marriage of a minor should be strictly banned. 6. A marriage in exchange or a marriage with the Quran and all such unislamic practices should be declared against the law. 7. There should be a law that a man must seek the permission of the court of law before marrying more than once. The court should impose some restrictions upon him for the maintenance of justice between his wives. 8. Proper law should be made declaring that in case of the grant of even all their divorce at the same time; only one divorce will be enacted. 9. It should be clearly indicated in law that a woman needs not accuse her husband or prove an allegation against him for the acquisition of Khula a. 10.There should be legislation for the safe future of a divorce woman. 11. The real concept of Halala should be made clear through law and the malpractice nowadays carried on in this regard should be declared illegal.
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Chapter-4 THE WOMAN AND THE ISLAMIC LAW There are some very important matters in Islamic law regarding the capacity of a woman. It is generally believed that Islam makes a distinction between the evidence of a man and woman. It is assumed that the evidence of two women equal a man s and her evidence is not acceptable in the matters of Hudood which include murder, robbery, theft and adultery. The argument advanced in its favour is that the Holy Quran has declared that the evidence of two women is equal to one man. The Holy Quran says: Call in two male witness from among you, but if two men cannot be found. Then one man and two woman whom you judge fit to act as witnesses; so that if either of them forget, the other will remember (Al Baqara-2.282 (a portion) It indicates that a womans witness is, in fact half to that of a man in any matter. A narrative from the Bukhari; Kitab-ul-Hais supports this
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argument as well which declares woman with defective intellect and faulty approach towards religion. It is argued by some circles that due to her defective intellect, her evidence is not at all admissible. We disagree to the above argument. 1. So far as this fact is concerned that man and woman are alike in according to Islam. The following Quranic verse are the strong and clear arguments in its favour: For Muslim men and woman, for believing men and women; for devout men and women, for men and women who are patient; for men and women who humble themselves, for men and women who give charity; for men and women who fast; for men and women who guard their chastity; and for men and women who remember Allah much- for them all has God prepared forgiveness and a great reward. (Al-hzab-33.35) The Quran further says: I will deny no man or woman among you the reward of their labours. You are the offspring of one another Al-Imran-3:195) It further says: The true believers, both men and woman are friends to each other. They enjoin what is just and forbid what is evil; they attend to their prayers and pay the alm-tax and obey Allah and His Apostle. On these Allah will have mercy. He is Mighty, Wise, (Al-Tawba-9:71) A careful reading of Islamic law regarding testimony in a court reveals that it is avsolutely gender blind and discrimination free. In dirrerent contexts, Quran has instructed its followers eight times about the law of evidence which are as follows: 1 Surah Al-Baqarah (2; 282) 2 Surah Al-Nisa (4:6) 3 Surah Al-Nisa (4:15) 4 Surah Al-Maida (5:106) 5 Surah Al-Maida (5:107) 6 Surah Al-Nur (24:4) 7 Surah Al-Nur (24:6) 8 Surah Al-Talaq (Talaq) (56:2) With the exception of Surah Al-Baqarah (2:282), no Quranic verse differentiates between the evidence rendered by a man or a woman. Interestingly enough, the particulare situation that upholds differentiation between the two sexes carries little significance as compared to other ones, which give equal weight to the evidence, whether given by a male or a female. Therefore, it would be quite pertinent to explore why the Quran has
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upheld the distinction between a man and a woman in this particular matter. The verse (282) of Surah Al-Baqarah primarily deals with the issue of transaction of money in the form of loan or debt in day-to-day life. Islam in such matters recommended its followers to keeping an account of the transactions made. For that, the right to dictate the terms lies with the lender, whereas the one whose services are solicited to pen it down is under divine obligation to do so. The Quran ordains that two reliable and close male friends be made witnesses over the deal. However, if only one man is available at such occasions, two women alongside him be also made witnesses to the agreement, with the objective that if one forgets, the other could remind her about the deal. For a good appreciation of the verse discussing a highly important issue, one has to keep in view the particular context in which it has revealed. Firstly, the very first addressees of this verse belonged to a society where very few men knew how to read and write, let alone talk about womens education. In addition to this, neither any official arrangement for business documentation nor any concept of stamp papers or professional scribes was known to the people. Given this, the literate people have been asked in the verse not to refuse if and when they are asked to write some document. With this in the mind, the Quran gives a privilege to uneducated womanfolk by allowing them to have another woman alongside her, so that if she forget about the details, the other could remind her. Secondly, the court has nowhere been addressed in the verse. In that case it should have started with the words like: Oh you who believe if a debt case is brought before you. Instead it guides the faithful about a social problem, which could be avoided if they follow a prescribed set of instructions. Otherwise it is needless to mention that in monetary cases, courts are expected and well advised to investigate a matter in a broader context, scrutinize all relevant documents, listen to the statements of the witnesses and analyze the circumstantial evidence to make the final judgment. One can maintain that the particular instructions given in the verse pertain to the documentary evidence alone and have got nothing to do with first hand and circumstantial evidence. Let it be explained in another way. Suppose a crime is committed at place where neither a man nor a woman is present but a video camera or surveillance equipment is there to record the events. In another situation, no other proof except circumstantial evidence such as fingerprints or blood stain ect, is available. The judgment of the court in such situations shall be guided by the available circumstantial

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evidence alone. Thus, precisely speaking, one can hold that this verse has nothing to do with the crimimal cases and the evidence required in them. Those who favor the womans half evidence in jucicial cased often refer to a Hadith narrated in Sahih Bukhari, Chapter Menstruation, reading as: women asked, Oh Messenger of Allah, how do we lack in faith and wisdom? The Prophet (Peace be upon him) said Dont you have half evidence as against men? The women said yes. Then the Prophet (Peace be upon him) said: this is how they lack in wisdom. Then he inquired Are you not exempted from prayer and fasting during menstruation? The women answered in affirmative. The Prophet (Peace be upon him) said this is how they lack in faith. It might be mentioned here that the authenticity of a Prophetic tradition is to be adjudged in the context of other similar traditions besides exposing it to human reason and logic. The incident mentioned above is also stated in Musnid Ahmad Bin Hanbal through reliable narrators. According to that the dialogue took place not between the Prophet (PBUH) and a group of common women but between him and the wife of Abdulah Bin Masud. Strangely enough, Sunan Darmi also makes a mention of the text quoted above but calls it the saying of not any one else but Abdulah Bin Masud. This contradiction shows that it is not safe to claim that these words are the exact reproduction of what the Prophet (PBUH) said. When put to the scrutiny of reason and logic (commonly termed as dariat), it becomes further evident that such words are wrongly attributed to the Prophet (PBUH). To bring the point home, one has to refer to the theory of cause and effect. For instance, it sounds correct when one says that X is an unintelligent fellow, therefore, he failed. However, it shall be simply wrong if someone says X got failed so he is an unintelligent fellow, since there be multiple reasons, besides being unintelligent, behind his failure. Seen in the backdrop of this example, the above-mentioned tradition fails to satisfy logic. In fact it gives precedence to cause over consequences whereas the logic dictates the quite other way round. It should have sounded logical if it were stated that women be given the right of half evidence against men as they were handicapped intellectually. Despite being logical, the argument in the final analysis does not come to measure for it is based on a mere assumption, not supported by any solid evidence to prove that women are less worthy than men in matters of knowledge and memory. Secondly, abandoning of prayers and fasting during menstrual cycle is given as yet another justification to regard a woman as half in faith. Weird and mistaken it must sound to any sane person on two grounds; first, it puts the cause on the backburner and becomes consequence oriented. Second, it
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is sharply at variance with the basic spirit of Islam besides being illogical and unfounded. The basic teachings of Islam with regard to fundamental beliefs, virtues and rewards are not gender specific. Instead they hold both men and women equally accountable for their deeds to God. Matters of prosecution and persecution are doubtlessly no exception to this principal therefore; one would be grossly mistaken to presume that women are intellectually handicapped on account of the exemption given to them from offering prayers and fasting during the menstrual period. Because of menstruation, a woman normally stays away from prayers and fasting for seven days each month. Calculated mathematically, it becomes almost one fourth, not half of the month, when she is spared from these two supreme obligations. If this be so, how come her faith be regarded as half than her male counterpart? Secondly, during menopausal period, she does perform all religious rituals in an identical fashion to men. This again proves the falsity of the claim that she is half in her faith than man. Thirdly, refraining from fasting and prayers during menstruation does not belittle the status of a woman in the sight of God, for her act is driven not by free personal will but by the commandment of her Creator. Therefore, she would be received not as someone with a lower degree of piety but as a true follower of Islam who would be rewarded duly against that in the world hereafter. Moreover, it should also be not forgotten that she is obligated to keep her missing fasting at the earliest when she is pure and clean. Resultantly, she happens to fast as many time as a man does, dismantling the very rationale of being taken as half in faith as compared to man. This said, one could maintain safely that the above-mentioned tradition fails to satisfy logic and common sense and needs be discarded in the light of darait. There is yet another dimension to this issue. Certain authentic traditions prove it beyond any doubt that a death penalty in the era of Prophet (PBHH) was enforced on the evidence of a single woman. For instance, an incident narrated in Sahih Bukhari tells us that a man was awarded had penalty by the Prophet (PBUH) for killing a woman who in her testimony at the eleventh hour of her life pointed him out as her murderer. In the same vein, one can also refer to the historical fact that the martyrdom of Hazrat Usman was witnessed by none but his wife Naila and the very campaign spearheaded by Hazrat Ayesha and other senior companions of the Prophet (PBHU) to avenge his blood was based on her evidence alone. The protagonists of no woman evidence in criminal cases at times offer arguments, which defy common sense and logic. For instance, they
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argue that if, given the frailty and intellectual shortcoming, a womans evidence is taken as half of that of a man is monetary cases, how come that be equated with that of man in a highly serious and crucial issue of a crime? In order to give credence to their viewpoint, they claim that a consensus existed among the jurists of past in the said matter. They often, in this regard, quote Ibn-e-Shahab Zehri saying: since the era of Prophet (Peace be upon him) and the subsequent caliphs like Abu Bakar and Umar, the womans evidence in the matters of Hudood and Qisas has never been accepted. This tradition has never undergone any change. (Nasb-ur-raia, Zeelai, volume 4, pp 79, chapter Evidence). This is absolutely wrong because, as stated above, Prophet (PBUH) himself once enforced death punishment on the sole testimony of a woman. Historically speaking, no incidence taking place either in the era of Abu Bakar or Umar vindicate, or otherwise, the claim that a woman can be a witness in criminal cases. Therefore, claiming any consensus on this issue is itself erroneous. Otherwise the very testimony rendered by Naila in the murder of caliph Usman would not have been granted. Furthermore, it is a well-established fact that at least two jurists namely Atta and Hamad favored womens evidence in case of Hudood and Qisa. Having said that, one can safely maintain that declaring womens evidence in Hudood and Qisas cases invalid is neither Quranic nor Prophetic. Common sense and logic also point to the same fact. Therefore, one cannot take it for granted. The above discussion tells us that in the matters generally not dealt with by women in a society, Islam grants them relaxation in the context of documentary evidence that a woman can seek the assistance of another woman in the court of law. Other than this specific situation there is no distinction between the evidence of a man and a woman. The law for slander in Islam Islam is very particular about the dignity of woman. The Quran declares it a great sin to calumniate an innocent woman. If someone does so, he is bound to present four-eye witness in support of his claim. A man, whose claim is proved to be false, is sentenced eighty lashes and is not allowed to present himself as evidence in any matter in future. The Quran says:

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Those who defame honorable but unaware believing women shall be cursed in this world and in the next. Theirs shall be a woeful punishment on the day when their own tongues, hands and feet will testify to what they did (Al-Noor24:23.24)

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It further says: Those that defame honorable women and cannot produce four witnesses shall be given eighty lashes. And do not accept their testimony ever after, for they are great transgressors (Al-Noor-24:4). The question arises why Islam has demanded four eye witnesses in order to prove calumny against a woman. It is so because it is better to conceal any such slip on the part of a man and a woman and not to make it public. It should rather be kept extra judicial affair so that the guilty couple remains careful in future. It is good for the society on the whole. Punishment against adultery in Islam It is clear that Islam declares adultery as a major crime. There are some queries regarding the punishment of this crime. What is the punishment against simple adultery and how can this crime be proved? Can some criminals of adultery be relaxed under specific circumstances? Is it obligation of an individual to report it to state if he witnesses the crime himself? What is the punishment for married adulterers? What is the penalty against the crimes of gang rape, rape and prostitution? How can these crimes be proved? How would the case be proved if there is no other witness other than the affected woman who falls a victim to rape or gang rape? Would the woman be declared guilty of false accusation if she fails to prove her claim? If a woman gets pregnant and she sues someone for the rape but fails to prove the case, would she be tried on the crime of adultery? If a case of adultery is dismissed by the court of law, would the court declare the appellants incapable of presenting themselves as
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evidence ever in future, using its special powers or the affectee will have to file a new petition for that

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Now we shall discuss the above questions one by one: The answer to the first question is that God issued these orders in Al-Noor and declared its instructions as quite clear in the start of the Surah. The Quran says: This is a surah (chapter) which we have revealed and sanctioned, proclaiming in it clear revelations, so that you may take head. (Al-Noor-24-1) Next has been declared the punishment for adultery. The Quran says: The adulterer and the adulteress shall each be given a hundred lashes. Let no pity for them detain you from obedience to Allah, if you truly believe in Allah and the last Day, and let their punishment be witnessed by a number of believers. The adulterer may marry only an adulteress or and idolatress; and the adulteress may marry only an adulterer or an idolater. True believers are forbidden such (marriages).(Al Noor-24:2-3) So far as proving of this crime is concerned, such an allegation can be raised against two types of people. First against a normal persons. in the society. The Quran instructs that such people should not be accused unless there are four eyewitnesses to support the charge. Second, whose professions, living styles and other circumstances indicate strongly that they are prostitutes. The charge against such people can be proved through all generally known and logically just methods like prospect, circumstances, medical examination, Post mortem, finger prints, witnesses and all such evidences which can be a source for proving a case in the court of law. The Prophet says: It is the responsibility of the plaintiff to present the argument and the one who denies the charge will swear (Tirmizi: kitab-ul-Ahkam) Second question is whether some guilty of adultery can be relaxed under specific circumstances.

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The Quran uses the words of adulterer and adulteress. This is why it is the extreme punishment of this crime and can be imposed on the individuals who happen to commit it in the last extreme and does not deserve any relaxation due to their circumstances. Therefore some people are exempted from this punishment. They include the insane, simpletons, constrained, non Muslims and the forced ones (who are deprived of offering resistance). They must be punished but less than the extreme punishment. The Quran says about the women who were forced to become prostitutes by their masters: If any one compels such women for prostitution then surely after such compulsion, Allah will be Forgiving, Merciful (AlNoor-24-33) Similarly, there was the matter of girl slaves during the period of the Holy Prophet. These women had been without the defence of their family at their back through their childhood and youth time and had passed through extremely immoral circumstances. The Quran says that even if their parents, husbands or masters manage to keep them chast yet they happen to commit such crime, they should be granted half punishment simply because their moral foundation is weak. It says: And if they are kept chaste yet they commit adultery, they shall suffer half the penalty inflicted upon free adulteresses (Al-=Nisa-4:25) Under the present circumstances when there are all temptations to arouse sensuality, people have faulty moral education and innumerable people lack necessary family and social protection, the state should make laws in this regard and the court of law should also take this aspect into account. Third question is whether it is obligatory upon an individual to report to the state if he witnesses this crime. The answer is that Islam dislikes it. The Quran declared the law for slander for the same reason. The Prophet, explaining this point said to a person: If you had covered that mans crime, it would have been better for you (Al-Mauta: Kitab-ul-Hudood)

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It is also proper for the guilty noy to expose it and seek redemption of his sin from God. The Prophet says: Anyone among you who gets indulged in such a filthy crime should keep himself concealed under the covering granted by God. If he will expose himself, we shall impose the law of Allah upon him (Al-Mauta Kitab-ul-Hudood) Next question is about the punishment to a married adulterer or adulteress. It is the opinion of some circles that every such person should be stoned to death.The important question to be asked in this context is what is the basis of stoning to death penalty to a married man / woman involved in adultery? As a matter of fact, a good number of arguments for or against this issue are available in the literature. Given below is a brief description of some of them: Those who favor the stoning to death as Had maintain that:
The penalty stated in Surah Al-Nur (24: 2) is meant for an

unmarried man and woman involved in fornication, while the punishment for a married man and woman involved in this crime is death by stoning. To vindicate their point, they refer to the prophetic tradition stated by Ubadah bin Samit in Sahih Muslim reading as: Prophet (PBUH) once said: take from me, take from me. Allah ordained for them some (other) way. If who involved in this crime are unmarried, flog them with hundred stripes and if married, stone them until they are dead (Sahih Muslim, 1690).
Another saying reported in Sahih Bukhari is as follow: Child is

for whom on whose bed he is born and for adulterer are but stones (Chapter, Al-Maharbeen). According to Sahih Muslim, Hadrat Umar narrated: Allah sent to you the Prophet (PBUH) with truth (Haq) and revealed on him the book. In that book was one verse about stoning to death. We read it, we preserved it and comprehended it. (According to mauta Imam Malik the verse was old adulterer man and woman, stone them to death. This is indeed a grevious punishment from Allah. Although the recitation of the verse was prohibited, the commandment remains still valid). Thus the Messenger of Allah punished the culprit with stoning to death and we following him,
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did the same. Behold! Stoning to death is a penalty mandatory on every man and woman who after marriage and indulges in adultery.
In Sunan Nisai it is narrated: the Prophet (PBUH) said, the blood

of a Muslim is permissible only in three conditions. One, the married man and woman involved in adultery should be stoned to death, second, whosoever kills a man knowingly, be killed in return of the murder. And third, a man who recants Islam after embracing it and fights against Allah and His prophet, be killed or crucified or exiled from the land. Almost all Books of Hadith narrate the incident of Maiz Aslami who was stoned to death following the confession of this crime. Some Books of Hadith also talk about a woman named as Ghamdiya who was stoned to death after her confession.
Similarly, one laborer is reported to be involved in an extra marital

relationship with the wife of his lord. After being persecuted with Lashes, he was later exiled while the woman was stoned to death. According to Mussamag Abdul Razzaq, an adulteress woman was penalized by stoning in the era of Caliph Umar. The Caliph Usman persecuted a woman by stoning who gave birth to an illegitimate child just after six month of her marriage. Another similar tradition tells us that the same punishment was enforced upon an adulteress woman by the Caliph Ali. The other group has criticized the above eight arguments and rejected on the following grounds:
In the very first verse of Surah Al-Nur, Allah says that this Surah

has been revealed and ordained upon Muslims as it carries Gods Commandments in a clear and vivid manner. Then, in the second verse the penalty for adultery is mentioned and it makes no distinction between married and unmarried culprits Instead it talks

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in the general sense and makes no distinction between married and unmarried culprits. They further argue that what refrained Allah from prescribing two different kinds of penalties for both types if He so wished? He neither lacked words nor wanted to put its servants in undue trial by stating one thing verbally in the Scripture and suggesting another in practice. It is simply impossible. So, there is one and the same penalty with regard to fornication and adultery.
The penalty of stoning to death can be effectively used against all

those who are or might be involved in waging war against Allah and His Messenger and spread mischief and tumult in the land, as stated in Al-Maida, 5:33-34. so, if a person is found guilty of any such crime as rape, prostitution, kidnapping, abduction and so forth he can be awarded a punishment ranging from painful death to exile. Stoning to death is just one way of persecution, which is obviously shuddering. Each Islamic State is free to penalize the culprit in any of the prescribed ways and perform legislation in this regard keeping in view the peculiar circumstances.
The very Hadith narrated by; Ubada bin Sabit further clarifies and

explains what has been stated in Al-Nisa (4:15) about the institution of prostitution. At that time, there were a few women professionally involved in the business of flesh and the verse instructs about such women as follows: if any of your women are guilty of lewdness, take the evidence of four (reliable) witness from amongst you against them, and if they testify, confine them to houses until death do claim them or Allah ordain for them some (other) way. Thus, according to the Quranic decree, these women were detained in their homes. Following the reveling of Surah Al-Maida, 5, the prophet (PBUH) introduced legislation in the light of the verse vis--vis spreading mischief and tumult in the land (fasad-fil-arz). According to it, the unmarried prostitutes were to be given the penalty of whipping and exile whereas the married ones were whipped and stoned to death. This is why we find almost the same verse stated in Al-Nisa, 4 also and the words as narrated by Ubada bin Sabit Allah ordained for them some (other) way. The legislation done by the prophet (PBUH) was based upon and derived from the verse of Surah Al-Maida, 5. the Islamic State, even in
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contemporary times, can perform such legislation if it is confronted with the challenge of prostitution and whoring..
The literal interpretation of the tradition narratied in Sahih

Bukhari child is for whom on whose bed he is born and for adulterer are but stones, says that every adulterer or adultress should be stoned until death but this is not the right interpretation. In fact it is an Arabic proverb meaning that an adulterer or adultress is destined to be empty handed or has no the claim on child born. The words attributed to Caliph Umar in Sahih Muslim and Mauta Imam Malik (old adulterer man) is absolutely devastating and repugnant to the very teaching of Islam. If taken for granted, they are capable of shaking the whole monument of Islamic faith and beliefs. This tradition tells us that there are certain verses in the Quran, which have been either abrogated or omitted from the Scripture, yet they stand valid as a Divine Law. If it is so, the question is why after all they were abrogated or omitted from the Quran? This is but blasphemous to believe this way for the Quran is a clear unambiguous guidance from Allah Almighty and is beyond all doubts, distortions and deletions. Secondly, the word used in the verse (old adulterer man and old adultress woman) are also ambiguous, contradictory and controversial. It uses the word, old man and old woman for the culprit but they might be married or unmarried. Then how is it right to interpret it in favor of the stoning to death penalty for married men and women? The words and phrases used in this alleged Quranic verse are unbecoming of the great and glorious Quran and cannot be believed in.
The tradition stated in Sunan Nisi is not only incomplete but also self-

contradictory. There are several other crimes in which the killing of a muslim man is permissible, for example to kill a robber in self defence, to kill a rapist in saving ones chastity, to kill those who are involved any way in rebellion, drug trafficking, addiction, terrorism and like evils. In case of such kind, the state is sanctioned to legislate and grant even the death penalty to any of the culprit. A recent example of this is Saudi Arabian Law where death sentence is granted
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as a penalty for drug trafficking. Another noteworthy detail is that all the above four traditions are diparate and contradict each other. For example, in the words of Ubada bin Sabit only a married involved in adultery should be stoned to death or whipped. Whereas, according to Sahih Bukhari, whoever fornicates should be stoned to death. In the tradition of Hadrat Umar, the old adulterer and old adulteress, either married or unmarried should be killed by stoning. The tradition maintains the penalty of stoning to death but forgive the trial of whipping. What concerns a genuine person is the question whether a man or woman can be stoned until death, in the presence of such multiple and contradictory traditions? Can the penalty of stoning to death be imposed and promulgated in the presence of so many dissenting and disparate traditions?
There is no doubt that Maiz Aslmi was stoned to death in Prophets

age. However, the incident has been narrated in different books with various contradictions and conclusions. One narrator describe him as simple and innocent fellow, who committed the sin, felt guilty by the prick of his conscience and confessed before the Prophet (PBUH). However, in another narration, he is described to be involved in such activity earlier also. The Prophet (PBUH) had prior information of his crime and he confessed it with the hope of being forgiven. Another source tells us that his case was the case of rape and not adultery, as the Prophet (PBUH) called for the affected woman too but did not persecute her as her involvement was not willful (Tabqaat Ibne Saad, Volume-IV, Page-321). On the same day, the messenger of Allah gave a sermon during Asr prayer and without naming the fellow unveiled his conduct and character. Sahih Muslim states it as follows, Did it not happen that whenever we came out of our home in Allahs way, one among us remained there who was overwhelmed and restless by his lust. O believers! I am but obliged to award such fellow a grievous penalty whenever he is brought to me (Sahih Muslim, chapter Al-Hadood). The above words prove that it was an offense of rape and the Prophet (PBUH) punished him accordingly. Secondly, we have no clear and definite detail when did this incident take place. It is possible that it happened before revelation of Surra Al-Noor, 24. if it is true, then it seems safer to conclude that the Prophet (PBUH) might have punished him by following the Mosaic Law, as it was his common practice to do so before a clear Quranic commandment had been
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sent to him. Moreover, the Holy Book itself states that the Quranic injunctions are much lighter and benign than the Mosaic Law. A married man or woman are asked to be killed by stoning Torah but the Quran afterwards lightened the punishment in Sura Al-Noor (24:2), where the penalty for an adulterer is stated. Thirdly, it might also be asked that did Maiz have any opportunity to escape from or evade the punishment? The answer we find in his last words as recorded in history, take me to the Prophet (PBUH). My tribesmen ruined me. They deceived and lied to me. They kept on telling me that the Prophet would not kill me. Afterwards when the prophet (PBUH) was informed about it, he said: why didnt you spare him why didnt you let him go, why didnt you bring him before me. (Abu Daud, Al-Hodood). Tabqat Ibn-I-Saad adds to it Why didnt you leave him. May be he sought repentance and Allah granted him what he prayed for. This again confirms that in case of spereading mischief and tumult in the land (fasad-fil-urz), the Islamic State is sanctioned to grant forgiveness to the culprit, whereas in other Had cases, the state has no authority to do so. The above details make it definite to think that it was a case of rape and the Prophet (Peace be upon him) granted him punishment in this offense.
The incident of Ghamdiya is also narrated in various books.

However, it is punctuated with a number of contradiction and confusions that remain unresolved even today. One tradition narrates that she had been stoned to death immediately after the delivery of the child, whereas the other states that punishmeny took place when the child reached his weaning age. One narration says that during this time (of pregnancy and lactation), she stayed with an Ansari Companion Whereas according to other one, she had been given patronage of her guardian. Was she a harlot or a whore who vowed to refrain from Zina after embracing Islam? Did she involve in sin after her avowed claim of refraining from it in the future and then had to confess because of her pregnancy? Or was she a gentlewoman who committed the crime by a timely temptation? These and such questions have not been answers in any book. Was her husband alive at the time when she got punished? Where was he and his whole family during this time? Where were her tribesmen at the time of her funeral and burial? Such important yet minute details are missing in her account and
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give way to countless doubts and Confusions about the issue? Most of all, in any of these narrations, she has not been declared as a married woman, so they become quite unvalid and inauthentic to justify the penalty of stoning to death for a married culprit.
With regard to the case of the laborer and his alleged illicit

relations with his lords wife, it seems as if it was a case of prostitution. When it became open, the lord made a deal (with the father of the laborer) by taking 100 goats and one concubine. Now is it fair to imagine or subscribe to the idea that a brave and gentle Arab lord would make a bargain over his own wifes chastity? It can be asserted that the man and his whole family were involved in such clandestine activities by first trapping men and then making a deal over it. But it was all by chance that they met a fellow who wanted to take back his goats and concubine. The man did know that if reported, his son would be less punished whereas the woman would meet her ultimate end. Thus every thing got revealed in this conflict and the prophet (PBUH) punished the woman against her crime of working as a prostitute. In any way, what we gather from this narrative is vague, unclear, and dubious. It does not contain satisfying answers to some vital questions, thus it can not be used and referred as a legal precedent for any other case. For example when did the incident take place? How did the crime get revealed? How was the culprit caught and who was the witness? Did the wife herself tell the husband that she was successful in her decision and could he ask for a material compensation from the laborers father by making a deal? Therefore, from a legal perspective all the three incidents mentioned above are simply invalid, confusing, and contradictory. Therefore, neither can they be used as a precedent or argument for the resolution of other such cases, nor the method and mechanism to deciding the things in this incidents matched in any way to the sagacious and glorious Prophetic traditions.
The incident reported to have taken place in the era of four Caliphs

are also fraught with contradictions and controversies. For example, according to Mauta Imam Malik, the woman who gave birth a child six months after her marriage was brought to Caliph
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Usman, whom ordered to kill her by stoning. Now, it is very obvious that the accused woman was involved in illicit sex prior to her marriage. Therefore, punishment meted out to her can not be used as a valid argument in favor of the penalty of stoning to death for a married fellow. Besides these eight arguments and the counter response to them, there are four other aspects, which are significant and not worthy, in this debate: In almost all above-mentioned tradition, the word Ihsan and Mohsin/Mohsina have been used for marriage and married man/woman, which has or might have manifold meanings and all of them are valid. It can be used for freedom and free man/woman as against slavery or slaveman/woman. It might be interpreted as chastity or chaste man/woman as well as Islam and Muslim man/woman. Contrary to this, there are few words that are specifically used for marriage and the married man. Is it correct to use such euphemistic terms for such a critical and serious matter in which one is meted out such an exemplary punishment if the crime is proved? For example, what if some one uses or might use the word ihsan for getting reinvolved in adultery after once withdrawing from act. In that way it might create an ambiguous situation in which the spirit of law and justice might get abused. Throughout the debate above, the question of ones being married, or otherwise, is over emphasized, whereas there are several situations in human life in which one despite being married leads a bachelor or celibate life, such as in case of marital discord, illness of any of the spouses or divorce between the couples. There may still be many other similar situations like when a husband and wife are away from each other due to job engagements or one of them has departed, etc. in all these hypothetical situations, a man despite being formally married remains and lives like an unmarried fellow. So putting all these multiple kinds in one category and treating them in the same manner is neither just nor justifiable.

The core principle is that each and every Prophetic tradition/Hadith is subordinate to the Quran and is to be interpreted and comprehended in the light of the Holy Book. By following this principle, we can avoid many conflicts and confusions that might arise in the interpretation of faith and in the realm of Fiqh.
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By doing so, every prophetic tradition will be well fitted in its own place like a beads work. On the other hand, if every tradition or Hadith is viewed and reviewed as a self-contained role, it may give way to a pack of dichotomies, disparities and discrepancies leading us to nowhere. As a matter of fact, this principle has been given by the Quran itself that in matters of faith and fiqah, the primary and principal source and authority is the Quran and every thing is to be explained and decided first and last in the light of the Quran.

Those who do not favor the penalty of stoning to death as a Had cannot be cast aside and condemned as apologetic Westernized lot. Rather there has been a great school of authentic and eminent scholars and jurists in past thirty years whose sincerity and perception of faith is beyond any doubt, but nevertheless they did not favor this penalty. Among them a few prominent names are Mulana Hameedud-Din Farahi, Ameen Ahsan Islahi, Imam Hasn-ul-Banna, Jaleel Ahsan Nadvi, Sadr-ud-Din Islahi, Umar Ahmed Usmani, Maulana Farooq Khan, Aligarh, Inait Ullah Subhani and Javed Ahmed Ghamidi

Next question requires information regarding the punishment for the crimes like rape, Gang Rape and Prostitution. How are such crimes proved? The answer to this is that all above mentioned crimes fall in the list of the crimes that amount to messing on the earth. There is a law for all these crimes in Al-Maida-5:33-34 that tells that such criminals may be killed in an exemplary manner. If the state conditions are not favourable for such punishment, they should be sent in exile or should be restricted in some particular area so that the society remains safe from their evil and wrongdoing. The second part of the question was how these crimes are proved. These claims are proved in the same manner as all other crimes in the world are proved. Our religion has not forced us to adopt some particular measure. However, the Quran has imposed a special law for the abolition fo prostitution. According to this law if the Muslim women do not refrain themselves from prostitution, four witnesses should be called to present their evidences with complete responsibility that the particular woman is known as a prostitute in the society and to themselves too. It is not essential for
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them to register themselves as eyewitnesses. In such a situation, if the court feels itself satisfied with the evidences after the due investigation and cross examination, guilty woman can be granted house arrest or she and her accomplices can be granted any of the punishment meant for those messing on the earth, keeping in view the circumstances. The Quran says: If any of your (muslim) women commit fornication, call in four witnesses from among yourselves against them; if they testify to their guilt, confine them to their houses till death overtakes them or till Allah finds another way for them. (AlNisa-4:15) The above instruction shows that it is basically states responsibility to take action against such prostitutes on the public complaint and to appoint at least four respectable people of locality as witnesses. How the case of rape or gang rape would be proved if there is no eye-witness other than the affected woman herself and if she fails to prove the case, will she be tried for slander. The occurrence of such incidents is quite possible as such criminals mostly select solitary and uninhabited places for the enactment of their evil plans. Normally, it is unimaginable that a woman would accuse a man just to defame him and would risk her own reputation. The Quran makes it clear that the law of slander is meant to tackle with the mischievous people who keep accusing innocent women of adultery. This is why the Quran has called them Pious women. Hence, it is basically a law for the defence of the respectable women. It does not mean to quiten the innocent and set the criminals free. Therefore, it seems quite according to the Quranic teachings that the state must legislate in the way that all such cases are proved in the same way as all other criminal cases are proved in the world. This includes the methods like medical examinations, DNA test fingerprints, clothes of the criminal and the relevant conditions. There is no need of four witnesses in this context because it is needed only for adultery. Whether the woman would be tried for slander if she fails to prove the case.

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In fact, there are two possibilities in this context. First that her charge is true but it lacks sufficient evidence to prove the case or there is some technical fault in the evidences or the case has become weak due to the manipulation of police. Obviously the affected woman is not at fault in this situation. Second that she has accused someone just to defane him or for the sake of money. This situation has three more aspects. First whether the charge has been levied against a normal person or a man of weak character. Second that such an accusation is more harmful for the reputation of a woman than that of a man. Third that a woman just once in her life can level a false allegation as she would lose her integrity in the eyes of the court and the society after just one case. Therefore, keeping in view all such circumstances, it is mandatory that there should be a law that the affected women would not be tried by the court itself if the case is not proved. However, the affected party may sue for the claim of defamation if it believes that the case was quite fake. If a pregnant woman sues for rape but fails to prove the case, will she be tried in the case of adultery? It is very important question because even now hundreds of such pregnant women are behind the bars who sued for rape but failed to prove the case. Consequently they were tried by the state for adultery, as their pregnancy was a strong proof against them. This augment is wrong. The woman could have been raped but the case could not have been proved and the accused would have been given the benefit of doubt by the court of law. It is therefore proper to grant the same benefit of doubt to the appellant too. Another noteworthy point is that no woman would seek justice from the court of law if they were held guilty in this way. It would start the practice of injustice and Oppression in the country in an endless manner. Third aspect is that it is wrong to say that a woman cannot be raped without her consent. A woman can be raped on the threat of murder. She can be blackmailed repeatedly through any of her irresponsible action like her letters to someone or the similar. Fourth aspect of the matter is that the modern method of DNA test can determine whether the woman has been made pregnant by the particular man or someone else is responsible for that. The facility of such a test should be provided because it would help in lessening the incidence of such crimes. As long as this facility is unavailable in the country, the blood specimen and tissues of man and woman can be sent abroad for examination.

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Keeping in view the above aspects and factors, there is a need for legislation to ensure that a pregnant woman, having failed to prove her case, will not be sued by the sate itself. Whether the state would itself declare the claimants, who fail to prove the case, as incompetent of presenting themselves as evidences in future or the affected party would have to file a separate petition. If such a charge is leveled against a woman, the court itself should penalize the claimants for slander while deciding the case. The affected party need not file a separate petition for that. It is so because the Quran has addressed the state and the court clearly in this matter. It says. Those that defame honourable woman and cannot produce four witnesses shall be given eighty lashes. And do not accept their testimony ever after.(Al-Nur-24:4) The above Quranic verse makes it clear upon the state and the court that it is directly their responsibility. If it is left upon the discretion of the effected party, he may not contact the court due to the fear of the complicated judicial procedure, wastage of time and money, further defamation and the influence of affluent persons and the guilty of slanders would move around freely. Therefore, it seems necessary that there should be a law enabling the court to penalize the criminals of slander itself for tarnishing the image of a respectable woman. The matter of blood money for a woman When a murder is done by someone erroneously, it is obligatory upon the guilty, according to Islamic instructions, to pay a particular sum of amount to heirs of the murdered as ransom and fine. This is called; Dayat; (blood money). There are three points of view about the sum of amount and the issue whether the blood money for a murdered man and a murdered woman is equal. First point of view is that the quality of; Dayat; for a murdered man is a hundred camels or the amount equal to it where as it is half in case of a murdered woman. It is based on some weak narratives. The study of Tarjuman-ul-Quran Volumes June, July and October 1984 can be helpful in knowing about the detailed arguments in favour of this point of view. The Ulema committee of Jama,at-e-Islami, Maulana Gohar-al-Rehman and AbdulWakeel Alavi have suppprted this point of view.
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The second point of view makes no distinction between the, Dayat, of a man and a woman. In order to study detailed arguments in favour of this point of view, the study of ,Fiqah-al-Quran, vol-4,6 by Maulana Umar Ahmad Usmani. Who has also written an article in favour of this stand is worth mentioning. According to third point of view, the Quran has used the word of, Dayat, in the form of common noun which means that it has not determined quantity in Shariah. The Quran says: He that kills a believer by mistake must pay blood-money to the family of the victim, unless they choose to give it away in alms. (Al-Nisa-4:92 (partly)) In the same way it becomes clear through the Quran that, Dayat, should be paid according to the tradition, law and practice of the society. It says: He who is pardoned by his aggrieved brother shall be prosecuted according to the custom and shall pay him a liberal fine. (Al-Baqara-2: 178) It becomes clear through the above instruction that there is no determined quantity of ,Dayat,. It is upon the state to make legislation according to the circumstances. The Prophet enforced Dayat during his period according to the tradition of Arabia and brought no change in it. He did not issue any clear order as a permanent religious binding by himself. Similarly, the amount of, Dayat, can be determined according to the requirements and circumstances of a period. A detailed discussion can be studied in this context in, Hudoodo-Ta, azeerat, by Javed Ahamad Ghamidy. We agree to his point of view as it is in accordance with the Quran. It justifies all Hadiths and historical narratives in a satisfactory manner and it is according to the human conscience and common sense as well. Islams law of legacy and woman It is generally objected on Islam,s law of legacy that it determines woman,s share half to that of a man. Indeed the general law is the same in Islam. However, if some aspects are kept in mind, this division would seem equitable and natural. The first thing to notice is that a woman gets an additional share in the form of dower at the time of her marriage which is given to her from the belongings of her husband. Secondly, it is man,s responsibility to meet all expenses of his wife and children after his marriage where as a woman has no such obligation. Even after her marriage her
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expenses are the liability of her husband. The third aspect of the matter is that the Quran has declared the shares of man and woman equal in legacy during extra-ordinary circumstances when it is feared that her personal expenses like medical treatment due to old age would exceed a certain limit. For example according to Al-Nisa -4: 11 if a person having children dies, one sixth of his legacy would go to both of his parents. Obviously both of them would be old or bordering with old age and their personal expenses including medical charges would be unusual. The above discussion makes it clear that in fact, the shares of man and woman are equivalent if all aspects are kept in mind and the rights and duties of both the sides are duly regarded. The Issue of Fosterage The Muslim law attaches great significance to the lap of a mother. It is so important that a foster mother has been elevated to the status of a mother by Islam. Her children are declared spiritual brothers and sisters of her foster child and their mutual marriages are forbidden. Hence this relationship becomes so sacred that everyone has to respect it. Her husband is also like the spiritual father of her foster child. Three legal aspects in this context must be understood well. First that the law of legacy is not applied on this relationship as it is merely a spiritual contact. Second that this relationship has no application upon the real brother and sister of the foster child and hence they are free from any restriction of marriage faced by him otherwise. Thirdly, the Al- Nisa-4:23 makes it clear that the relation of fosterage is established only when it is properly arranged. It means that this act of fosterage should take place through mutual consent of the real parent of the child and the foster mother. Moreover the foster child should be well aware of his foster parents so that he should treat their children like his brothers and sisters. This rerlationship is not established accidentally or just by calming down a weeping child or without the consent of the real parents and proper arrangement made by them.

A womans journey outside her home

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It is said that a woman is not allowed to take a long journey outside her home alone because there are two narratives quoted in this context. According to the first narrative, the Holy Prophet said: It is narrated by Abu Huraira that the Prophet forbade a woman to travel for a day and night without the company of a Mahram (A very close relative who can not enter into the bond of marriage with the individual). (Abu Dauod: Kitab Al-Mansik). The second narrative is as under: It is not allowed for a woman who believe in God and the day of Judgment that she travels for three days or more without the company of her father, brother, son, husband or another Mahram (the Muslim: Kitab AlHajj). There are two more true narratives in this regard. One narrative mentions two days and nights while the other relates half day. Both the above narrativ differ in the number of days during the journey. We know that Islam give clear instructions. If a womans journey without her Mahram had been disallowed as final order there would have been just one instruction issued by the Prophet regarding the number of days. It means that this matter pertains with prevalent circumstances or any seemingly prudent measure. During the period of the Holy Prophet when his hold was not yet strong on the entire empire of the Arabian Peninsula and there was general state of unrest, it was unsafe for a woman to travel alone. It must be remembered that this journey had to take place through barren deserts occupied by unruly tribes. Therefore, it was natural for the Prophet to direct woman not to travel for more than twenty four hours without the company of some near relatives. It was all for the safety and honour of a woman. We come to know that the Prophet allowed woman to travel alone for a longer period when the circumstances became favourable. The fact that this matter is related to the conditions of peace is known to us through a narrative related by Adi Bin Hatem and registered in the Bukhari: The Prophet said that there would be the time quite soon when a woman will travel on a camels back all alone from Haira (a far flung area) to Makkah for pilgrimage but she would have no other fear except the fear of God and that of wolf.(the Bukhari : Kitab-al-Manasik: 3595) Adi says that he himself witnessed later it happening exactly in the same manner. He witnessed that an alone woman used to come from Haira and offer her pilgrimage without the fear of anyone except God. The above discussion proves that the matter of alone womans journey is based on prevailing circumstances, common sense and the prudent
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measures. A woman should not travel without the company of some close relative but if the gravity of the situation is lessened, she may do so. Hence, it can be said that it is a social instruction which has nothing to do with any permanent principal. Relying themselves on the same narratives, several Muslims scholars debate whether a woman can go on pilgrimage without the company of her Mahrm. In this regard, Imam Malik and Imam Shafaee have the opinion that an alone woman can travel in the company of such pilgrims who are known for their satisfactory moral standing. Imam Ibn Hazm believes that a woman can travel even without anyone on her way for pilgrimage. He further says that she can go alone if her Mahram is present if he cant accompany her or is unwilling to go. We believe that both the conditions are valid keeping in view the prevailing circumstances. Muta,a and Islam Muta, a is a timely physical contact between a man and a woman where husband and wife have no rights on each other and they cant be declared as heirs to each other. Such a woman has neither the obligation of the waiting period nor she gets proper divorce. This term means that the man uses a woman physically and sexually for a limited period on payment. Thus it is a sort of legalized prostitution. Some schools of thought consider it valid in Islam and quote certain narratives from the Bukhari and the Muslims in favor of their opinion which give an impression that it was practiced during the regimes of Caliph of Islam but it was banned later by Umer, the second Caliphs, during his regime. So it appears that it is valid but it was banned by Umar through an administrative order. Since an administrative order can lose its implecation at any time it seems better to view the matter in the light of Islam because its claims of validity gives the impression as if prostitution is allowed in Islam. It is very clear that the Quran is the only equity to distinguish right from wrong in Islam. This is the only standard and is sublimest of all. The Quran is very clear about the fact that the only possible sextual contact between a man and a woman can take place through marriage. The other possibility during the earlier period of Islam was the relationship with ones slave-girl. It was so clear that a Quranic verse was revealed in the earlier period of Islam in this regard. (Successful indeed are the believers who) restrain themselves from sexual desires, except with their wives and the

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girl they posses, for those are lawful to them. (Al-Muminun23: 5-6). Then the Quran tells us that committing fornication and meeting other woman in secret are forbidden in an Islamic society. The Quran says: It shall be no offence for you openly to propose marriage or indirectly to such woman or to cherish them in your heart. Allah knows that you will remember them. Do not arrange to meet them in secret and, when you meet them, speak to them honourably. (Al Baqara-2: 235). It further says: (All) good things have this day been made lawful to you. The food of those to whom the Book was given is lawful to you and yours to them. Lawful to you are the free believing woman and the free woman from among those who were given the Book before you, provided that you give them their dowries and live in honour with them, neither committing fornication nor taking them as mistresses. (Al Maida-5: 5). Mutaa is in fact, committing of fornication. The Quran, on the contrary, directs all believing men and women to meet each other with modesty in their eyes and a modest dress on their bodies while women are not allowed to reveal their finery upon men. The reference to (Al-Nur-25: 30-31) has already been given on the previous page. The Quran has laid down the principles of Nikah in such a detail that it appears as if it is the most important thing after the basic creeds in Islam. It discusses the dower in this context. It throws light on each and every aspect of the relationship between husband and wife, determines their rights and obligations and describes the conditions for their mutual separation. Had Mutaa been valid, all above exercise would have been a futile effort asMuta,a means open prostitution where people look at those women in a lusty manner, buy them for a limited period which may be upto a single night as well and then both the parties become stranger to each other. If we justify, Muta, a, in Islam all Quranic suras like Al-Baqara, AlMaida and Al-Noor rather the whole Quranic teachings become irrelevant in the context of man-woman relationship. It is therefore, clear that, Muta,a, is completely disallowed in Islam. It is in fact adultery. However, the case of the narratives is different. If we collect all the valid narratives in this context, they can be divided in the following groups: 1. The first group determines that, Muta,a, was declared forbidden during the Makkan period. Muta,a, was commonly practiced
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before Islam in the Arabian society, the following narrative can be presented as an example: Ibn Ababas narrates that Muta,a, was commonly practiced and was valid in Islam during its early days. Whan a person used to go to to some unfamiliar village, he used to marry some local women. That woman took care of his belongings and kept his affairs aright (means she would meet his sexual needs too). When Al-Muminun was revealed, Ibn Abbas said that all private parts of other women are forbidden except these two. (Tirmizi- Kitab-al-Nikah) 2: According to the second group of narratives, Muta,a, was forbidden from the very beginning but the Prophet overlooked its practice on some occasions during the early period of Islam. The narrative of Abu Huraira registered in the Bukhari: Kitabal-Nikah verifies this reference. The narrative of Abdullah Bin Umar is another supporting document. Moreover, the narrative of Ayas bin Salman registered in the Muslim: Kitab al-Nikah conveys the similar sense. The third group of narrative conveys the sense that Mutaa was allowed just for the period of war when husbands, were at a distance from their wives. Qais has quoted a narrative of similar sense in the Bukhari and the Muslim: Kitab Al-Nikah with refernce to Abdullah Bin Masauod. Morever the narrative of Jabbir Bin Abdullah and Salman Bin Aku in both these books support this view. According to the fourth group of narratives Muta a was disallowed in sixth of Hijrah three months after the pact of Hudiabya on the occasion on the War of Khyber. One such narratives has been narrated by Ibn Abbas through the reference of Ali, the fourth pious caliph of Islam registered in the Bukhari and the Muslim: Kitab-al-Nikah. According to the fifth group of narrative Mutaa was forbidden on the day of the conquest of Makkah in 8th Hijrah by the Holy Prophet. One such narrative has been recorded in the Muslim: Kitab Al-Nikah with reference to Sabrah.

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According to the 6th group of narratives, the Prophet declared Mutaa as forbidden a few days after the conquest of Makkah when some people had already enjoyed themselves through it. Sabrat-al-Jahni registered in the Muslim, verifies it. According to the 7th group of narratives the Prophet banned Mutaa on his last pilgrimage in 10th of Hijrah. This narrative has been narrated by Aslam Zahri with reference to Rabi Bin Sabarah and is recorded in Abu Dauod: Kitab al-Nikah. According to the 8th group of narratives Mutaa was generally allowed during the regime of the Prophet and Abu Bakar. Umar declared it disallowed during his regime later. It has been narrated as such in the Muslim through the reference of Abu Zubair and Atta.

The 9th group of narratives affirms without determining the period that Mutaa was disallowed by the Holy Prophet. In a narrative of the Muslim with reference to Rabi Bin Sabrah Jahani, the exact period has not been specified. Similarly the wording of a narrative registered in the Mulim: Kitab Al-Nikah is as under. The Prophet said: from this day Mutaa is disallowed for you till the dooms day. Whosever has given something to a woman for Mutaa should not take it back. Some aspects of all the nine above quoted narratives need our attention. First that all the above narratives have valid reference. Second that all are these are contradictory to one another. If some of them find any similarity, other are so contradictory that there is no possibility of finding any common future in them. Third that there are so many contradictory narrated by one person (at times some companions of the holy Prophet and some time their successors). For example there is a narrative with reference to Ibn Abbas that Mutaa was forbidden through the revelation of Al Muminun while in another narrative he says that he used to issue a verdict regarding Mutaa. according to another narrative with his reference he had turned to his previous verdict. It is also narrated by Sabrat Jahm that Mutaa was banned a few days after the conquest of Makkah. It is narrated by Ibn Rabi as well that Mutaa was declared unlawful at the time of the last pilgrimage of the Prophet when a year had passed after the conquest of Makkah. Fourth aspect of the matter is that there are several things in these narratives which are not only contradictory to the Quran but also run counter
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to the refinement of ones conscience. For example it is referred in these narratives that in the eight year after Hijrah when the Holy Prophet had established the firmness of his rule almost over the whole of the Arabian Peninsula (and a long time had lapsed after the revelation of the instructions through Al Nur) people used to hunt such women in the market places, bargain with them, glanced at the different parts of their bodies critically and hired them for Mutaa on the decided cost. According to a narrative registered in the Muslim Kitab al-Nikah, Rabi Bin Sabrah says that his father was one of the soldiers in the Prophets army at the time of the conquest of Makkah. He told that they stayed at Makkah for fifteen days which give the grand total of thirty by including days and nights. During this period, the Prophet allowed them to benefit themselves from Mutaa with women. Rabbis father along with another tribes man set out in search of women. The narrator was handsome than his fellow but the other fellows had a newer shawl as compared to the one he himself had. They reached the southern or northern part of Makkah where they met a beautiful girl who was young like a female camel with a long neck. They asked her whether she was ready to have Mutaa with either of them. She enquired about the wages. Both the candidates put down their shawls on the ground. She watched them keenly and Rabbis fellow also gazed at her from her head to her hips. Rabbis fellow boasted that his shawl was newer than the one his companion had. On hearing this, she expressed that there was nothing wrong with his shawl. She repeated this thing for several times. Rabbi said that he ultimately had Mutaa with her and never left her place until the Prophet disallowed the practice of Mutaa (Another narrative mentions this period as three days). The above discussion makes it clear that the principle in the Deen is that the Quran is the authority in every matter. It has the supreme stand. If any narrative stands contradictory to the Quran, it must not be granted even the slightest weightage. The narrative is, in fact an information communicated by an individual to another individual. The real matter may take a different turn in this process of communication. A thing may slip off the memory and the likelihood of deliberate attempt of tempering in also there. All types of errors might find room despite all sorts of safety measures. On the contrary, God himself has vowed to save the Quran in its original shape. Therefore, any narrative contradictory to the Quran cannot be accepted in any case.

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Here, we are confronted with another issue: Is there any justification for the above mentioned nine groups of narratives and could there be any congruity among them? We believe that the only justification congruity could be that Mata,a, was not allowed since the beginning but its practice was at times overlooked with the intention to train the society gradually in the moral field. Moreover, this instruction had, probably not reached all muslims instantly. This is why it was practiced for some time. Anyhow the Prophet forbade its practice repeatedly. Finally, when Umar, the second pious Caliph of Islam witnessed that people still had doubts about it, he declared the enforcement of the ban on this unlawful practice in a forceful manner on the state level. Islam and the issue of Slavery, The Quranic verses quoted in this book deal with slaves and slave girls at certain places. It is, therefore, essential to make the Islam,s point of view clear in this context and to describe how it abolished slavery. Slavery is not a part of Islam. According to the Quran, God has blessed humain being with dignity and he is created of the best mould. The Quran says. We have bestowed blessings on Adam,s children and carried them by land and sea. We have provided them with good things and exalted them above many of our creatures. (Al-Isra- 17:70) It further says: We created human being with the most noble image. (Al Tin 95:040) God created man as a creature who was prostrated by the angels. He is granted an independent and sovereign state on earth. Any distinction made by God among people is on the basis of their respective groups and tribes so that they can be identified mutually. The Quran says: OMankind, we have created you from a male and a female, and made you into nations and tribes that you might get to know one another. The noblest of you in Allahs sight is the most righteous of you. (Al-Hujrat 49:13) Hence, no question of slavery is left after this situation. Islam determines the law for the collective interest of all
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Muslims (and not only the independent Muslims). It also affirms that all Muslims are brethren to one another. The Quran says: the believers are brethren . (Al-Hujrat 49:9) It is impossible to believe with the rule of this law that Islam can allow an individual to enslave another person who is at his mercy in every case. In fact, Islam has abolished this institution for ever but has taken this step gradually in order to save the society from anarchy and disorder. Those days the Arab economy was as dependent on this institution as our economy is upon interest nowadays. Every lord had sores of servants who used to person labor in the fields like agriculture, Trade and others. Had all of them been set free immediately, they could not have found a respectable and useful place in society. Most of them were unable to earn for their souls. As a result they could have become beggars and the maid servants would have been forced to adopt prostitution. The rival forces of Islam could have exploited this situations a lot. Keeping in view all these expediencies, Islam adopted such a way for their freedom which did not ensue any serious problems and all men and women servants, gradually became an integral part of an independent Islamic society. The declarations promising it a great social virtue to set a slave free. The Quran Says: Get the bondsmen free. (Al-Balad 90:13) During the Madinite period, the Quran declared that their rights are equal to those of all free men and women. It says: Serve Allah and associate none with Him. Show kindness to you parents and your kindred, to the orphans and to the needy, to your near and distant neighbors, to your fellow travelers, to the wayfarers and to the slaves whom you own. Allah does not love arrogant and boastful man. (Al-Nisa 4:36)

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In explanation to this, the Prophet not only issued clear instruction to treat well with the slaves but also enforced a law making it obligatory upon the masters to respect the human right of their slaves. Besides this, the Quran declared setting free of a slave as a source of ones redemption in case of some sins committed by the individual.

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The Quran also directed to arrange the marriage of all capable male and female slaves so that they could live in the society with high morals. The Quran says: Take in marriage those woman among you who are single and those of your male and female slaves who are honest. If they are poor, Allah will enrich them with his own abundance. Allah is bounteous, knowing. (Al-Nur 24:32) The Quran made it obligatory upon the state to set maximum possible men and women slaves free through a special head in the government treasury known as Fi-Riqab The centers of prostitution established by the masters of female slaves during the pre-Islamic period were abolished. It was directed that the words of ,Fata, and ,Fatat, should be used for slaves instead of the humiliating titles (this was the usual style of calling someone with love those days) in order to change the well beset concept of people since ancient days. Afterwards, two such steps were taken which made the number of slaves remarkably less and the future slavery was eradicated for ever. The first step was the implementation of the deed of freedom which was a source for a slave to get freedom after the payment of some amount through an agreement with his master. The state and the public were asked to help the slaves maximum in this context. The Quran says: As for those of your slaves who wish for a deed (of freedom), free them if you find in them any promise (of earning) and bestow on them a part of the riches which Allah has given you.(Al-Nur-24:23) It further says: (After you overpower the unbelievers in the battle, bind (your captives) grant them their freedom or take ransom from them, until war lay down its burdens. (Muhammad-47:4) Since a person could be enslaved only as result of war, the door of slavery was closed for ever through this Quranic injunction. Thus the institution to slavery was abolished completely by Islam.

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Chapter 5 WOMAN AND POLITICS Three questions are worth discussing with reference to this topic. First, whether Islam grants right of vote to women. Second, whether she can contest elections. Third, whether a woman can become head of the state. The code of conduct suggested by Islam for the smooth handling of state affairs says that all political and collective affairs should be settled through mutual consultation which is the real democratic culture. The Quran Says: (The muslims) conduct their affairs by mutual consent. (Al-shura: 42-38)

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The Quranic order is for all men and women. Hence it is the responsibility of a Muslim state to seek the opinion of women like men and grant them right of vote. It is also obligatory upon women to express their opinion in all collective affairs. The Quran quotes the example of the Prophets shoaib who accepted the advice of his daughter. The Quran directs through Al-Baqara-2:233 that husband and wife should decide the matter of weaning their child through mutual consultation. The Holy Prophet himself consulted women on several matters and accepted their advice as well. There is a commonly known incident in this context. At the time of the pact of Hudybia the Prophets companions were deeply grieved. The Prophet wanted to do something but no one stood up to obey him. The Prophet sought the advice of his wife, Umm-i-Salma on the issue. She granted a useful advice which brought fruitful results. The Prophets companions were also in the practice of consulting women. The valid narratives and the historical events reveal several such incidents that testify the above claim. For example, according to a narrative of the Bukhari, a famous companion of the Prophet, Abdullah Bin Umar consulted his sister, Hafsa on an important, collective issue of the Muslims and acted upon her advice as well. The pious Caliph also used to consult women on various matters. Several historical events approve of this fact. On the issue of the appointment of Usman as the third Caliphs of Islam. Abd-alRehman Bin Auf consulted women as well. So far as the second question is concerned, Islam has never laid any embargo upon women to assume an office of responsibility. Since they can assume an office, they can contest elections as well. Shafa Bint-eAbdullah was entrusted with the duty of inspecting the market by Umar, the second Caliph of Islam. (Al-asaba, Al-Istiyab and Asad-al-Ghaba).similarly, another female companion of the Prophet, Samra Bint-e-Nahek was also used to punish the criminal (Al-Istiyab) According to an eminent jurist of Muslim Ummah Imam Bin Jareer a woman may become a judge in all kinds of cases. According to another eminent jurists, Imam Abu Hanifa, she can act as a judge in all cases except those of criminal cases. Hence, a woman may grant her advice, decide a case, and even get her decision implemented. There is no difference of opinion left now among the Muslim Ummah in the context of the above mentioned two questions. Third question is whether a woman can become head of a state?
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One point of view in this context is that a woman has no right to become head of a state in any case. They quote a Quranic reference in support of their logic. The Quran says that when Talut was appointed as the ruler of Banu Isarad, by the Prophet Daud, the nation objected to it. Daud convinced them by telling that Talut had an edge over other people in terms of knowledge and physical strength. It indicated that the physical strength was one of the prerequisites for a ruler. Since man is blessed with physical strength, only he is suitable for the rule of a state. We disagree with the above argument. The manly appearance, wrestling, and the use of weaponry were the qualities required by a ruler during that period. It was so because the ruler also held the portfolio of the Commander in Chief of the Armed Forces and he had to combat in the battlefield himself. This is why the Quran describes that Talut killed Jalut, the head of his rival forces. Today, no ruler fights himself in the battlefield. The best equity for a ruler today is that he must be farsighted and wise. We, therefore, cannot deduce any permanent principle for our selves out of this incident. Two more Quranic verses are quoted as argument against the headship of a woman. These include Al-Baqara-2:228 and Al-Nisa-4:34.However, they do not offer any such logic in favour of the above point of view. Both of these verses are related with the relationship of husband and wife. These verses convey that man will act as head of the family when he marries a woman and forms a family. If God had an intention to issue a similar order in case of a state as well, it would have been laid down in the Quran clearly. Among narratives, only two demand analysis in this context. First one is from the Bukhari. Abu bakra (not the 1st Caliph, but another person), narrates that the Prophet, on hearing that the daughter of the ex-king of Iran, Kisra was appointed as the new ruler of the country, said that, the nation that appoints a woman as its ruler can never succeed. This narrative generates some important issues, According to narrator of this narrative, Abu bakra, he recollected it on the occasion of the battle of Jamal. This battle was fought in 36th year of Hijrah. It means that Abu bakra had heard it from the Prophets mouth at least thirty years before. It had been slipped off the attic of his memory during this period while he recollected it on a special occasion. It looks quite strange.

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Since it was an important issue, other companions of the

prophet should also have heard it from the Prophets mouth but no one else quoted it ever. There were thousands of the Prophets companions present on the occasion of the battle of Jamal from both sides but it struck no one elses memory. Not only this but no one also segregated himself from Ayeshas army. It is above board that the Prophets companions could never miss an opportunity of acting upon the Prophets saying. It is also clear from the logical point of view that the Holy Prophet could never say like that. It is so because many such states have gained materially which were headed by women. (it must be borne in mind that this narrative clearly deals with the worldly gain because a nonmuslim state has been discussed here). The success in the life after death is not conditional with the distinction on the basis of sex. The middle link of this narrative, Auf Bin Abi Jamilah belonged to the faction that preferred Ali to Usman. The researchers are quite aware of the fact that a particular group of people launched a campaign against Ayesha as she had sided with Usman. This narrative could possibly be a link of the same chain. Basically, this narrative is not applicable on Ayesha at all as she had never claimed headship of the state. She had reached Makkah in order to perform pilgrimage. On realizing the gravity of the situation, she went to Basrah instead of going to Madina. During that journey, the opponents of Ali also joined her. They demanded that Ali must arrest the assassins of Usman and punish them. Ali was of the opinion that he would certainly do that after he gets circumstances under control. Both the sides held negotiations on the issue for three days. The talks were fruitful and both the sides reached an agreement, the terms of which were to be written on the next day.There were several trouble seekers on both sides who intended to create a conflict. They conspired in such a way that both the sides doubted each other for having violated the treaty. Ayesha was in the cradle on a camels back at that time. Her camel was brought to the battle field so that the fighting factions should stop fighting in her respect. The opponents, on the contrary though that Ayesha had herself come there to command her army. The battle instead became severer. At last, Ali stood victorious in the battle and
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sent Ayesha to Madina with great respect. (please see Urdu Maaraf Islamia Vol-7,Jang-e-Jamel) All this detail proves that Ayesha was neither a claimant for the headship nor she had commanded the army. She lived for twenty two years after this tragedy and spent the whole time in educating women. If she were desirous of any political leadership, she would have remained active in this respect. Thus the claim made in this narrative is totally baseless. The second narrative belongs to Tirmizi. According to Abu Huraira the prophet said, When you have the best among you as rulers, you wealthy people are generous and your affairs are settled through mutual consultation, the surface of the earth is better for you than its womb. When the worst among you are your rulers, your wealthy people become miser and your affairs are settled by women, the womb of earth is better for you than its face. This narrative is true as per its content. It means that every civilized and pious society should be guided by the principles of democracy which certainly respect the opinions of all categories of people including men and women. However, if men of a society become indifferent to the collective issues, become lethargic and luxury prone and hand over all the matters of responsibility to women, it is certainly, an unwanted situation. It means that this narrative is not against women rather it condemns the lethargic and luxurious trend among men. There are just these two narratives on this issue out of six most important compilations. It is a fact that Islam has never laid any such restrictions on any issue because there would have been clear Quranic instruction if there had been any such intention. The Quran has its peculiar style that it describes all relevant instructions while narrating an incident. But we see that while narrating the incident of the Queen Saba of Yemen in Al-Namal who had embraced Islam on the invitation of the Prophet Sulaiman, the Quran neither approves of the rule of a woman nor discards it. The Quran does not even mention whether Saba was kept as a ruler after her embracing of Islam or not. Had there been any intention of God to issue a clear order, it was the most appropriate opportunity for that. Hence, keeping ambiguity over here indicates that being a woman does not hamper her from becoming a ruler We consider the above attitude of Islam as a very wise action. There might arise such circumstances when a nation or a large faction can have consensus on the rule of a woman only, particularly when a ruler is dead or he is assassinated. The recent history reveals that a woman goes for a rule in the compulsive and pressing circumstances only when her father or husband
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meets some accident. She usually does not like to assume such responsibility.

Chapter # 06 WOMANS MISCELLANEOUS ISSUES This chapter deals with the matters pertaining with the personal life of a woman. These include several such issues that are generally misunderstood. Hence, it is essential that all such issues are taken together. Menses, Discharge of blood after the child-birth and discharge of blood of some disease: Cleanliness and purity are the natural requirements of an individual and hence their realization is all the time there. Promoting the same human
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nature, Islam not only directs an individual to remain pure but also tells the whole society to remain pure and clean morally and socially. Our religion emphasizes upon every Muslim to remain clean in all matters including body, soul and the food. The Prophet says, Cleanliness is a part of the faith. There are some specific instructions for men and women in terms of cleanliness. These instructions are related to menses, discharge of blood after the child-birth and discharge of blood due to some other diseases. Menses is the name for the blood that is discharged of a woman every month. This process starts with the attainment of puberty and continue till the age of forty to fifty, even fifty five years in some cases. Normally its duration is six or seven days but it varies in case of every woman. Nafas is the discharge of blood of the child birth or of abortion. This process usually continues from twenty to forty days. During the above two processes, husband and wife are not allowed to have sexual relationship with each other. However, rest of routine matters and usual contacts would not cease at all. A woman is exempted from offering her prayers during these days and she may not offer them even after words. She is not allowed to fast during these days but she has to fast for these days after she become pure. If a woman undergoes the menstrual process during the days of Hajj (pilgrimage), she is exempted from the liabilities of prayers, Tawaf (taking rounds of Kaaba) and Saee (taking seven rounds between the mounts of Safa and Marwa) but she has to go through Tawaf and Saee after she gets purified. A woman is not allowed to touch the Quran during these days. However, she may recite the remembered portion of the Holy book verbally. This is the stance of Imam Malik and we agree to it. If a woman has to study or teach Islamic studies as a part of her syllabus or has to appear in the examination during the menstrual periods, she may do so as Islams principled stands is; Allah does not charge a soul with more then it can bear.(Al-Baqara-2,286) Some women discharge blood of some diseases other than menses or Nafas whick is known as Istahaza. A woman is allowed to offer her prayers and other religious duties during this process. The women must take bath after the periods of menses and Nafas are over. Certain women bind their hair in such a manner that they are not easy to unbind. Such women may wash their hair during the bath without unbinding them.
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Relaxations in religious duties:

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God is particularly kind towards women. Thus they have been granted such relaxations in the performance of their religious duties that they can earn a reward equal to men with a little effort. It has already been pointed out that women are exempted from performing the duties of prayers during the menses and Nafas periods. If the month of Ramzan falls during these periods, she is allowed to fast for the affected days as per convenience after she gets purified. The woman giving breast feed to her child is also allowed to fast afterwards. Women are accorded extra-ordinary relaxations during the days of Hajj as well. They can perform pilgrimage in their usual dress. They may not get their hair cut like men instead. They may get some of their hair clipped as a token. It is also not obligatory upon them to throw stones upon devil; men may perform this duty on their part. If their menstrual periods start during Hajj, they may perform Tawaf and Saee afterwards. They are exempted from performing their prayers collectively. Men are instructed to offer their prayers for all the five times, collectively in the mosque in order to perform this duty in the real sense while women may get the equal reward even if they perform their prayers at home. It is desirable that they perform their Friday prayers in the mosque. However, it is not obligatory upon them. The Prophet has emphasized upon women to offer their Eid prayers collectively in the mosque. They may just sit and join in the congregational prayer if they are impure. Two issues have been generated in our society out of the matter of womens prayers. First, there is usually no place at all for women in the mosque nowa-days. It is against the Islamic teachings. The mosque situated on the road side must accommodate women in order to facilitate them. Similarly, all big and main mosques of a city should also provide a place to women for the performance of their religious duty. Second, women are usually not facilitated even during the Eid prayers though it is essential from Islamic point of view. Therefore, it is the duty of the state, religious leaders and the dignitaries of the society to make necessary arrangements in this context. Women and Fashion: Every thing that gives aesthetic pleasure to human being is admissible in Islam provided that it is not polluted with vulgarity, polytheisem,

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dissipation and betrayal. It includes every kind of dignified and civilized Fashion. The Quran, exclusively mention the dress: Children of Adam! We have given you clothing with which to cover your nakedness and garments pleasing to the eye. (Al-Araf-7, 26) The Quran has further described as a principle that every kind of finery is admissible, it says: Say: who has forbidden you to wear the nice clothes or to eat the good things which Allah has bestowed upon His servants? say: these are for the faithful in the life of this world (though shared by others); but they shalls be theirs alone on the Day of Resurrection. (Al-A raf-7, 32) The Quran, while mentioning about the finery of women says that it is their prerogative and a part of their instinct too. It is therefore, clear that a fashion that makes a woman beautiful, graceful and feminish is admissible. However, some issues demand an answer in this context. First that some specific things are forbidden through some narratives. The logic behind them must be known. The answer to this is that these are two kinds of such things mentioned in some narratives. One kind includes vulgarity and obscenity which must be forbidden. During the prophetic period, three things were includ in this kind and thus the Prophet explained these three things only. One is making of the tattoo marks which is not liked worldwide due to its absurdity. No sane person likes it. Second thing practiced those days was making ones teeth pointed by cutting them and making slits through them. It was another obvious act of absurdity. Third was the action done by immoral women, those days. They used to make decorative marks on their eyebrows after getting them plucked. Since it was an obscene act and was done by immoral women, any similarity with them was also forbidden. Therefore, the Prophet forbade its practice. It was termed as Nams during those days and a woman practicing it was called Namsa. Apart from the above three things, there is another matter that apparently comes under the category of valid finery but some narratives reveal that the Prophet had forbidden it. It is the matter of attaching to ones hair other than the original ones even if they are artificial. We know that heads hair enhance a womans beauty, as 99% of women have been blessed by God with this gift. It is a natural desire for those who are deprived of this gift that they look pretty with such hair like other women, in order to counter any inferiority complex. However, some of the narratives from the Bukhari reveal that the Prophet had disallowed to do so artificially. For example a narrative is worded like that:
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The Holy Prophet has cursed the woman who attaches artificial hair to her and the one who gets them attached. But when we analyze all such narratives minutely, it is proved that in fact an act of betrayal has been disallowed. It means that when this defect in a woman is concealed while its exposure is required, it would attribute to treachery and is disallowed. This is what the Prophet termed as Zoor in Arabic. Similarly, an event has been related in a narrative. After making a comprehensive study of all the narratives of this event, it is known that a girl had entered into the bond of marriage but had not yet left her fathers home. In the meanwhile, all of her heads hair fell off due to some diseases. When the time of her departure for her husbands place approached, her mother desired to attach artificial hair to her head. Since all this was being done in order to conceal her defect from her husband who might have refused to accept her otherwise, the Prophet directed that woman to refrain herself from doing so. As a principle that finery is allowed which makes a woman look feminish, pretty and graceful. However, vulgarity, absurdity and treachery is disallowed. Therefore removing of the hairs from face, applying lipstick, nail polish and the similar methods of beautifying a woman are admissible. Fatah-al-Bari-Kitabul-Libas, offers a narratives that a woman asked from Ayesha if she could remove the hair from her cheeks. Ayesha replied, Remove the trouble to the possible extent. It seems proper here that a supplementary issue is also discussed. The question is whether a woman has to remove her nail polish before making her ablution. There are three different points of view in this context. First that it is obligatory to remove nail polish every time before making ablution because the nail remains dry due to the coated layer of the nail polish present there. Second is that a woman can keep her nail polish intact upto five prayers if she has performed her ablution before the application of the liquid on her nails. Third is that nail polish does not hinder the process of ablution. A woman can apply and remove it according to her sweet will. The logic behind it is that all such religious matters are based on convenience and not inconvenience. During the Prophets period all such things were allowed. For example there is a general consensus on the matter that one is allowed to dye ones beard. Every coloring is, in fact a coating that covers that skin under it whether it is the color of myrtle or anything else. We know that the dyed hair of a beard dont get soaked, even then it was allowed by the Prophet. In the same way, applying the color of myrtle on hands and feet is also allowed and all acknowledge that it does not damage ablution, though the color myrtle of is also a coating that covers the
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skin under it. Similarly, there is a consensus on the matter as well that a woman may take a bath by pouring water on her bound hair if its is inconvenient for her to unbind them. Obviously, several hair would remain dry in this way but the Prophet allowed woman to do so in order to save them from any inconvenience. Same is the case of the nail polish. We are satisfied with last and third point of view. Dowry and Legacy: The trend of granting dowry has been established to that extent that it seems hard to put an end to it. It is prevalent in various other countries of the world that parents grant financial assistance to their sons and daughters at the time of their marriage so that they may take a sound start in life. Hence, a question arises whether a son or a daughter having such kind of assistance at the time of his or her marriage deserves share out of the parents legacy and could that assistance be treated as a share in the legacy. Since this issue was non-existent during the Prophetic period, it demands an innovative and wise resolution through Ijtehad. We believe that such assistance can be considered as a part of the share out of ones parents legacy. The main reason for it is, in fact the Islamic system of justice. A girl getting married after the death of her parents would remain in loss as compared to her sister who had been married during the life of her parents. It is also possible the one daughter is married to a man who demands more dowry while the situation is different in the case of the other. The second basis of our points of view is that this would save parents from inconvenience and trouble, a proper account of all this could be maintained and all parties would be aware that hey are having assistance out of their own share. Therefore, all this would come under some specific code instead of some undesirable custom. We believe that state should take steps towards legislation in this respect. The Promised Girls Hooran In Heaven: While describing the promised endowment for a Muslim in heaven at several places, the Quran also mentions the girls to be given as a reward. At times, we think what kind of life it would be and what is, in fact meant by this endowment. Would these women be just for the sexual pleasure of men?

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If so, would it not create feelings of envy among wives of those men? Would it no be unjust? Although this issue is not related to the subject of this book yet it has an indirect concern with our subject. Hence, it seems proper that we discuss this issue. We come to know through the Quran that the matters like the life after death, Heaven and Hell are directly related to the vague issues (Mutashabihat). It indicates that we are unaware of the reality about them. These words have been used just to create a concept in the mind of human being closer to his imagination. Keeping this aspect in view, we realize through the study of the Quran and the Hadith that all men and women in heaven would be in the prime time of their youth; they will never grow old. All men and women will be coupled up. The couples in this world will remain as such even in the Heaven. Exceptional circumstances will have exceptional codes and rules. For example, if a woman had married for several times, she would have an option to choose one out of them: Every person in the Heaven will find his/her companion with the maximum aesthetic appearance and will find best satisfaction out of the counterpart. This way, neither one would be fed up of ones companion nor there any feelings of jealousy for any other couple. Every meeting of couple would seem to be the meeting of two bachelors. Hoor (the promised women in Heaven) is, in fact plural of another Arabic word, Ahwar which means an ideally proportionate and beautiful woman. The study of the Quran reveals that this word has been used in double sense. One shade gives the sense that every woman in heaven would be blessed with all the qualities of a Hoor. She would be true embodiment of feminine beauty, modesty and attraction. They would be coupled up with the pious men in heaven. The Quran says: Together with their wives, the men of Paradise shall recline in shady groves upon soft couches. (Ya sin-36, 56). It further says: Besides them will be those with modest gaze and large lovely eyes, (as chaste) as carefully protected eggs. (Al-Saffat37,:48-49). The Quran says next: And besides them will be companions (wives) of modest gaze and equal age. (Sad-38, 52). It further says: And we shall wed them to fair maidens with large lustrous eyes. (Al-Dukhan-44:54 and Al-Tur-52, 20).
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Besides this, the word Hoor has been used in a different connotation as well. It conveys that there will be a specific creation in Paradise which will include boys (Ghilman) and girls (Hoor). These creatures will serve the men and women in Paradise and will provide them every admissible source of entertainment as well. The most prominent example lies in Al-Rehman55, verse 56-58 where the wives of the men in Paradise are mentioned and further its verses 72-74 mention the Hoors. It says: Dark-eyed virgins sheltered in their tents. Which of your Lords blessing would you deny? Neither man nor jinnee will have touched them before. (Al-Rehman-55:72-74). A narrative by Umm-e-Salma throws light upon this matter while going into detail. She says, I asked the Prophet whether women of this world were better than the Hoors. The Prophet replied that the women in this world are superior to Hoors as an outer fold of double garment is better than the inner one. On my demand of knowing the basis for that, the Prophet told that the women of this world have offered their prayers, fasted and showed submission to their God. (Tibrani). This creature would include boys as well. The Quran says: And there shall wait on them young boys of their own as fair hidden pearls. (Al-Tur-52, 24). The Quran has mentioned the Hoors in the similar style: And their shall be houris with large and beautiful eyes, chaste as hidden pearls. (Al-Wara-56,:22). Two more things require explanation here. One that two different shades of meanings for one Quranic word is not a matter of amazement. There are several words in the Quran with more than one meaning. For example, the word Rasul has been used in the sense for a special category of Prophets and for the angel Gabriel as well who was entrusted with the duty of bringing revelations onto the Prophets. Secondly, the Quran nowhere indicates that Hoors are meant for the sexual purpose. God is an arbiter in the real sense. Therefore, there is not even the slightest possibility that any of his orders proves to be unjust in any respect. Birth Control: Birth control is an important issue in the modern world. Islam believes in planning in every field of life. Therefore, it is essential that the same wise planning is observed in the matter of extension in the size of the family. The detail is as under:
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God has made a code of conduct for the smooth running of this world. Thus all work, accordingly gets accomplished in two ways. The first way is beyond the capacity of man like in the matter of rains, storms, floods, earthquakes, changing seasons and natural calamities etc. The second way has the partial involvement of mans will and action. In all maters which man considers to be in his capacity, God has directed him to undertake them with knowledge, rational thinking, intellect, wisdom and proper strategy. The Quran has placed this direction and the related references at more then a hundred places: For instance the verses below: (O Prophet!) say: Lord increase my knowledge:. (TAHA-20:114). Are the wise and the ignorant equal? Truly, none will take heed but men of understanding. (Al-Zaumar-39:9) And he that receives the gift of wisdom is rich indeed. Yet none except people of sense bear this in mind. (AlBaqara-2:269). The meanest beasts in Allahs sight are those that are (by choice) deaf, dumb, and devoid of reason. (Al-Anfal-8:22) In the creation of heavens and the earth, in the alternation of night and day, in the ships that sail the ocean with what is beneficial to man, in the water which Allah sends down from the sky and with which He revives the earth after its death, dispersing over it all manner of beasts; in the movement of the winds, and in the clouds that are driven between earth and sky: surely in these there are signs for people who understand. (AlBaqara-2:164). (O Prophet!) Give good news to My servants, who listen to My words and follow what is best in it (the best interpretation of it). These are they whom Allah has guided. These are they who are endured with understanding. (Al-Zumar-39:118). In all such matters where man has free will whatever the decision he makes and whatever the line of action he opts become the decision of God if it is not against the larger interest of the whole mankind. Thus man continues proceeding on the highway of progress. Till date man has made all progress in the fields of knowledge, rational thinking and science

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through this way. God has declared His principle in clear terms in the Quran that He never lets any mans action go waste: No soul shall bear anothers burden and that each person shall be judged by his own labours. (Al-Najm 53:3839).

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However if an individual effort proves to be overall against the whole mankind and has a risk of promoting evil so as to curb virtue completely, it is turned down by God: Had Allah not repelled some by the might of others, the monasteries and churches, the synagogues and mosques in which Allahs name is frequently remembered would have been utterly destroyed. (Al-Hajj 22:40). Had Allah not defeated some by the might of others, the earth would have been utterly corrupted. But Allah is bountiful to His creatures. (Al-Baqara 2:251) Childbirth is one of the elective matters where God lets the free will of man exercise. Though a child is born as per order of God yet man is the source for that. It is just as a farmer cultivates his land and grows the crop. The Quran affirms it on so many occasions that the cultivation of land and growing of crop by man is certainly done at the will of God. The farmer is no doubt the source. Thus the same intellect employed by man for the cultivation of his land should be applied while cultivating his generation too. Both these matters have been yoked together in Al-Waqia: Behold! the semen you emit: did you create it, or did We?.consider the seeds you grow. Is it you that give them growth or We? (Al-Waqia 56:59-59-63-64). Therefore under present circumstances we must think about certain things before extending the size of our family. The very first and foremost thing in this regard is the health of the mother both physically and psychologicaly. It is a fact that a woman after giving birth to a child becomes weak both psychologically and physically. Secondly it is important to make sure whether the woman has completed the process of the training and education of her first child. The first five years are very important in this context. If a child does not find enough attention of the mother through this period it might affect his life and personality. The third notable thing is the income of the father. It is important to realize whether he is able to meet the requirements of all the kids he wishes to have.
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These requirements include education, medical assistance, proper lodging and an honorable life and he would be answerable to God in this regard. At the fourth stage a father has to think over how many kids he can pay personal attention to, how much time he can spare and to what extent he can educate and train all of them in the most desirable manner. The fifth considerable matter is the economy of the whole country, the situation of the unemployment and the chances of appropriate planning. Every individual has to think for the collective welfare of the whole society. In short, planning is necessary in every field of life including the matters of family and it is very much according to the teachings of Islam. The above point of view can be objected from different angles. It is better to analyze them. The first objection is that the family planning is an expression of the lack of faith in the capacity of God as a provider of food. Since he is guarantor of food to man, birth control is unjust. The answer is simple. If family planning is a lack of faith, what is the status of mans struggle for employment, trade cultivation and scientific development? Should man just sit idle and wait for the things to happen? If we acknowledge that it is necessary to struggle for ones earning, we must try to understand the sense in Gods capacity as a provider of food. It means that God has treasured his bounties in this soil and has granted intellect to man so that he benefits himself from them in a proper way. God will open the mouth of his treasures when a person will use his intellect. Thus man has to plan for that otherwise he would not get it enough. Hence one must plan the size of ones family, the time for the birth of a child and the proper care of every child. This is what we call family planning. Another objection is raised by quoting a Hadith, which says that: All the babies distend to born will be born till the world ends. Then why should family planning be observed in the light of this Hidath? The answer to this objection is simple. There is no denial to the fact that the children will continue coming to this world but this birth should take place with proper planning. This logic has a background of this Hidath. During the time of the Apostle some of his companions used to adopt certain preventive measures for birth control (i.e coitus interruptus). The Apostle knew it and allowed to continue with that. (Thus it can be concluded that all methods for birth control are valid in Islam). However, the Apostle said that
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a man must not consider his planning as final. The final decision rests with God. So it means that if women get pregnant, no step should be taken to stop the birth of the child. It is also objected that the Quran forbids the killing of children and family planning amounts to the same. The fact is contrary to this comprehension of the Quran verse. In fact the pagans of Makkah used to kill their daughters in particularly considering them a burden on their economy and due to some other reasons too. Hence the Quran stopped this practice, as it was criminal. It has nothing to do with family planning at all. It is also that the family planning is a plot hatched up by the Western and the Jewish lobby so as to stop the increase in the number of Muslims. This objection is due to a misunderstanding. In fact the real plot against Muslims is to keep them disordered, disorganized, uneducated and ignorant of scientific progress. The unplanned population increase provides the best platform for the enactment of the above-mentioned plot. Unlike this an organized nation can maintain her superiority over the world through her better civilization and practicability. So the Muslims Ummah can open the gateway of Islam for the other nations to enter through reaching the zenith of progress. This is the real way to increase the number of Muslims. It is also argued that women have been declared as the fields of their husbands and they have been allowed to go into their fields, as they desire through the verse 223 of Al-Baqara in Quran. Obviously through the fields one gets maximum yields but the family planning is against this teaching. Thus Islam is against it. The facts are otherwise. In the above quoted verse of the Quran man or a husband has been personified as a responsible farmer who, first of all gives fertilizer and water to his field, sows the required seed, look after the fields during the growth period and protects it from every disease and gives proper pauses between the harvest and the new fertilization. Only an irresponsible farmer doesnt observe these measures. Thus the above-mentioned Quranic verse lays a lot of responsibilities on the shoulders of a husband. He must take proper care of the health of his wife. He must plan for a new child when his wife is able to give birth to a child in all respects. He has to look after her during the pregnancy. He must give proper respite between the birth of two children. He can only be called a wise and a responsible husband if he abides by all what has been stated above. Since it is an issue to be settled both by husband and wife, there is a possibility of occurring difference of opinion between the two. The question arises whose opinion should be decisive in this regard. The simple answer is that it is the woman who has to take the final decision, as she is responsible
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for all physical responsibilities in this connection. It is, therefore clear that the person sustaining the burden should have the right of decision. The Quran says: And we enjoined human being (to show kindness) to his parents, for weakness after weakness his mother bears him and he is not weaned before he is two years of age. We said: Give thanks to me and your parent. To Me shall all things return. (Luqman-31,:14). All the stages of pregnancy, birth and feeding belong to mother. This is why mother has more rights than father in these matters and the Prophet has declared mothers rights three times more to father just on this basis. The Quran further says: We have enjoined human being to show kindness to his parents. With much pain his mother bears him, and with much pain she brings him into the world. He is born and weaned in thirty months. (Al-Ahqaf-46, 15). Abortion: There is another question in this context; what is the instruction of Islam regarding abortion? The beginning of pregnancy is, in fact the beginning of human being. This is why abortion is a serious sin. The Quran says: It was He who created you from a single being. From that being He created his mate, so that he might find comfort in her. And when he had covered her, she conceived, and for a time her burden was light. She carried it with an ease, but when it grew heavy, they both cried to Allah, their Lord: Grant us a goodly child and we will be truly thankful. (Al-Araf, 189) It further says: God created all things in the best way. He first created man from clay, then bred his offspring from a drop of paltry fluid. He then molded him and breathed into him of His spirit. He gave you eyes and ears, and hearts: Yet (O people) you are seldom thankful. (Al-Sajda-32,:7,8,9).

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According to a narrative soul is inculcated to the embryo in the third month of pregnancy and in the fourth month, baby comes into being actually with the fusion of soul. Therefore, abortion becomes a greater sin after the fusion of soul. However, according to the rule of exception, abortion is allowed in case the mothers life is in danger.

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