Women's Rights in Islam by Dr. Muhammad Sharif Chaudhry (Chapter 1)

 

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WOMEN'S RIGHTS IN ISLAM

By Dr. Muhammad Sharif Chaudhry

 

CHAPTER 1

Rights As Mother

 

  1. Injunctions of the Qur'an

  2. Ahadith of the Holy Prophet

  3. Rights in the Light of Qur'an and Hadith

  4. Views of the Scholars

I ‑ INJUNCTIONS OF THE QUR'AN

Verses of the Qur'an, the revealed book of Islam, pertaining to the rights of woman as mother are:

  1. For parents, a sixth share of the inheritance to each, if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts: Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah and Allah is All‑Knowing, All‑Wise. (4:11)

  2. And marry not women whom your fathers married,‑except what is past: It was shameful and odious,‑an abominable custom indeed. (4:22)

  3. Thy Lord hath decreed that ye worship none but Him, and that ye be kind to parents. Whether one or both of them attain old age in thy life, say not to them a word of contempt, nor repel them, but address them in terms of honour. And, out of kindness, lower to them the wing of humility, and say: "My Lord! bestow on them Thy mercy even as they cherished me in childhood." (17:23 ‑ 24)

  4. "(He) hath made me kind to my mother, and not overbearing or miserable; (19:32)

  5. And We have enjoined on man (to be good) to his parents: In travail upon travail did his mother bear him, and in years twain was his weaning:(hear the command), "Show gratitude to Me and to thy parents: to Me is (thy final) goal. (31:14)

  6. We have enjoined on man Kindness to his parents: In pain did his mother bear him, and in pain did she give him birth. The carrying of the (child) to his weaning is (a period of) thirty months. At length, when he reaches the age of full strength and attains forty years, he says, "O my Lord! grant me that I may be grateful for Thy favour which Thou hast bestowed upon me, and upon both my parents, and that I may work righteousness such as Thou mayest approve; and be gracious to me in my issue. Truly have I turned to Thee and truly do I bow (to Thee) in Islam." (46:15)

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II ‑ AHADITH OF THE PROPHET

Ahadith of the Prophet (PBUH) of Islam on the rights of mother are stated as under:‑

  1. Abu Hurairah reported that a man enquired: O Apostle of Allah! who is the most proper person for my good association? "Thy mother", replied he. Then he asked :Who is next? Thy mother", he replied. Then he asked: Who is next? Thy mother", he replied. He enquired: Who is next? "Thy father", he said. In another narration: he replied, 'Thy mother, and then thy father and then thy nearest relatives and then thy nearer relatives'. (Bukhari, Muslim)

  2. Mugirah reported that the Messenger of Allah said: Allah made unlawful to you disobedience to mothers, burying alive of daughters, and refusing help. And he disliked for you frivolous gossips, frequent questions and squandering property. (Bukhari, Muslim)

  3. Ibn Omar reported that a man came to the Holy Prophet and said: O Apostle of Allah! I have committed a great sin. Is there any repentance for me? He enquired: Have you got mother? `No' replied he. He asked: Have you got mother's sister? `Yes' said he. He said: Then accord her good treatment. (Tirmizi)

  4. Muawiyah‑b‑Ja'hemah reported that Ja'hemah came to the Messenger of Allah! I intend to join a battle and have come to you for consultation. He enquired:  Have you got mother? `Yes' replied he. He said: Then keep near her, because Paradise is at her feet. (Ahmad, Nisai, Baihaqi)

  5. Bahaj‑b‑Hakim reported from his father who from his grandfather who had reported: I asked: O Messenger of Allah! who is to be most obeyed? He said: Your mother. I asked: Who is next? He said: Your mother. I asked: Who is next? He said: Your mother. I asked: Who is next? He said: Your father; and then your nearer relations and then your near relations. (Tirmizi, Abu Daud)

  6. Abu Hurairah reported that the Messenger of Allah said: May he be humbled! May he be humbled! May he be humbled! It was questioned: Who, O Apostle of Allah? He said: The one who finds parents in their old age ‑ one of them or both of them, and yet does not enter Paradise. (Muslim)

  7. Asma‑bint‑Abu Bakr reported: My mother, while she was a polytheist during the treaty of the Quraish came to me, I asked: O Messenger of Allah! my mother has come to me while she is ill‑disposed (to Isla'm). Should I show her respect? "Yes", replied he, "show her respect." (Bukhari & Muslim)

  8. Abu Tufail reported: I saw the Messenger of Allah dividing meat at Jeerana when a woman approached till she came to the Holy Prophet. He spread out his sheet for her and then she took out her seat thereon. I enquired: Who is she? They replied: She is his mother who suckled him. (Abu Daud)

  9. Amr‑b‑Shuaib reported from his father who from his grandfather that a woman asked: O Messenger of Allah, my womb was a resting place of this son of mine, my breast a drinking place for him and my lap a soothing place for him, but his father divorced me and wishes to snatch him away from me. The Messenger of Allah said: You have got better right to take him till you are not remarried. (Abu Daud, Ahmad)

  10. Abu Hurairah reported that a woman came to the Prophet and said: My husband intends to go away with my son while he gave me water to drink and gave me other benefit. The Prophet said: This is your father and this is your mother. Take the hand of any of them you like. He took the hand of his mother and she went away with him. (Abu Daud, Nisai)

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III ‑ RIGHTS IN THE LIGHT OF QUR'AN AND HADITH

Rights bestowed upon the mother are discussed in the light of the Qur'an and the Traditions of the Prophet (PBUH) in the following paragraphs:‑

  1. The first and foremost duty of the human kind is to worship and serve Allah. Next to this is the duty of showing kindness and obedience to one's parents. (AI‑Qur'an 17:23)

  2. 2. It is to be noticed that while enjoining upon man the kindness towards parents, the Qur'an has specially made mention of the services of mother in bearing and bringing up of the child (Al‑Qur'an 31:14; 46:15) It shows the importance of the role played by the mother and thus makes her deserve the higher degree of one's obedience as compared to the father. No doubt the Holy Prophet, according to an authentic tradition narrated at serial no. 1 above, told a questioner that the best person for his good treatment was his mother and he repeated it thrice. It is taken from .this Hadith that the status attached to the mother in respect of the obedience by the children is at least three times higher than that of the father.

  3. The Prophet of Islam (may Allah's peace be upon him) has declared it in unambiguous terms that the paradise lies at the feet of the mother. He, therefore, commanded a companion of him not to participate in Jihad which is incumbent on every able‑bodied adult male Muslim, and instead serve his mother. According to another tradition, the Prophet ordained good treatment to the mother and in case of mother's death to the mother's sister as an expiation of a major sin. Yet another Hadith declares disobedience to mother unlawful. Good treatment even to a polytheist mother has been ordered. Foster mother also deserves one's good treatment and respect.

  4. The Holy Qur'an has made the mothers shareholders in the inheritance of children. In case the deceased leaves a son, the share of the mother would be one sixth and in case he leaves no son and his parents are his heirs, the share of the mother would be one third. (Al‑Qur'an 4:11)

  5. In the pre‑Islamic `times of Ignorance', there was a custom among the Arabs that after the death of the father, his wives passed on to his sons as property in inheritance who used to marry them. This cruel custom was abolished by the Qur'an and marriage with mothers was declared unlawful. (Al‑Qur'an 4:22)

  6. On account of the importance attached by the Qur'an and Sunnah to the parents for one's respect and obedience, it has been deduced by the Muslim jurists that the parents are entitled to maintenance from their children. Under Sunni Law the parents are entitled to maintenance even if they are capable of earning. Shia Law, however, relieves the children of their duty, if the parents are capable of earning.

  7. The mother is entitled to the custody (Hizanat) of her male child until he has completed the age of seven years and of her female child until she has attained puberty. The right continues even if she has been divorced by the father of the child unless she marries a second husband ‑ (Mulla).

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IV ‑ VIEWS OF THE SCHOLARS

Now we ascertain how the famous scholars of Islam view the position of mother in Islamic Society.

  1. Encyclopaedia of Seerah Writes: "Woman's position as mother is unique in a Muslim society. She is focus for all the members of the family. She enjoys great esteem and respect from everyone and all come to her to pay their respects on important occasions and her opinions and suggestions carry great weight in all family matters."

  2. Maulana Fazlul Karim writes: "Thus it is seen that a great stress has been laid by the Qur'an regarding obedience to parents. In Islam, next to the duty to God comes the duty towards parents. Parents are the immediate cause of our birth and without them, we could not have seen the light of the world. Where were we in our infancy, and where would we have been now had the parents not taken sincere care of us? We would have been in their absence left to the mercy of the wind, sun and rain. How patiently parents bear all sorts of hardships, and how joyfully do they sacrifice their comforts in improving children. They spare no pains is procuring food for them, and they acquire the vices of hoarding wealth only for their subsequent use and comforts? For all these reasons, the duty to parents has been placed by the Qur'an and Hadith next to the supreme duty towards Allah. Among parents, mother's place in respect of obedience has been placed much above father as mother shares the major portion of privation for the infant child." (Al‑Hadith)

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