Women's Rights in Islam by Dr. Muhammad Sharif Chaudhry (Chapter 3)

 

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WOMEN'S RIGHTS IN ISLAM

By Dr. Muhammad Sharif Chaudhry

 

CHAPTER 3

Rights As Daughter

 

  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 regarding the rights of woman as daughter are quoted below:

  1. Allah (thus) directs you as regards your children's (Inheritance):to the male, a portion equal to that of two females: if only daughters, two or more, their share is two ­thirds of the inheritance; if only one, her share is a half. (4:11)

  2. When news is brought to one of them, of (the birth of) a female (child), his face darkens, and he is filled with inward grief! With shame does he hide himself from his people, because of the bad news he has had! Shall he retain it on (sufferance and) contempt, or bury it in the dust? AM what an evil (choice) they decide on! (16:58‑59)

  3. Kill not your children for fear of want: We shall provide sustenance for them as well as for you: Verily the killing of them is a great sin. (17:31)

  4. To Allah belongs the dominion of the heavens and the earth. He creates what He wills (And plans). He bestows (children) male or female according to His will (and Plan), or he bestows both males and females, and He leaves barren whom He will: For He is Full of Knowledge and Power. (42:49‑50)

  5. When the female (infant), buried alive, is questioned‑ for what crime she was killed; (&1:8‑9)

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II ‑ AHADITH OF '1 HE PROPHET

Ahadith of the Holy Prophet on the subject are as follows:‑

  1. Anas reported that the Messenger of Allah said: Whoever maintains two girls till they attain maturity, he and I will come on the Resurrection Day like this; and he joined his fingers. (Muslim)

  2. Ayesha reported: A woman came to me, while there were two of her daughters with her. She was begging of me, but found nothing from me except one date which I gave her. She divided it between her two daughters and she herself did take nothing out of it. Then she got up and went away. The Holy Prophet came and I informed him (of it). He said: Whoever suffers for any thing on account of these daughters and (still) treats them with kindness, they will be a shield for him from Hell. (Bukhari and Muslim)

  3. Ibn Abbas reported that the Messenger of Allah said: If anybody has got a female child, and then does neither bury her alive, nor treats her unjustly, nor prefers his children (meaning male children) to her, Allah will admit him in Paradise. (Abu Daud)

  4. Soraqa‑b‑Malek reported that the Holy Prophet said: Shall I not teach you the best form of charity? ‑ (maintaining) your daughter who has been returned to you, who has got no earning member except you. (Ibn Majah)

  5. Ayesha reported: I have seen none more resembling in manners, guidance and conduct (in another narration‑in talk and speech) of the Holy Prophet than Fatimah. Whenever she came to him, he used to stand up for her and then take her by the hand, kissed her and would make her sit in his seat. (Abu Daud)

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

Rights granted to the woman in the status of daughter by the Qur'an and Hadith are discussed below:

  1. The Qur'an, in the verses 58 and 59 of its chapter 16, draws a very vivid picture of the pagan Arabs on the birth of a daughter. According to the Qur'an, if any one of them receives the news about the birth of a daughter, his face turns black and he is enraged. He starts hiding himself from his people because of the `evil news'. He asks himself: "Should I bear this insult and keep up with it or should I bury it alive." The Qur'an declares their thinking as evil and abolished this cruel custom. The birth of females was looked upon as a bad omen in the family not only by the heathen Arabs of pre‑Islamic era but it is still so in some people in Pakistan. Some curse their luck for the birth of daughters, some blame the wives for their birth and the other blame the husbands for producing daughters. The Qur'an says that Allah creates what He will. He bestows daughters on whom He will and He blesses with sons whom He will. He, even, makes barren whom He will. (42:49‑50)

Therefore, no body should feel ashamed of or insulted on the birth of a daughter, neither he should blame his luck or anybody else for causing the birth of daughters. Birth of a daughter is a blessing and the Prophet of Islam said: They will be a shield (for parents) for hell. (Bukhari, Muslim).

  1. The evil and cruel custom of burying the female children alive or killing them in infancy was abolished by Islam. The daughters were considered to be an economic burden and the poor families used to dispose of them by killing them. The Qur'an made the infanticide a great sin and warned the parents not to do so, since God Who provides them sustenance would also provide for their children. (Al‑Qur'an 17:31)

  2. According to the well reported traditions, some of which have been reported above, the Prophet Muhammad (peace be upon him) raised the status of daughters and promised high rewards for those who bring up daughters and do not prefer sons over them. He himself set a good example by holding his daughters in high esteem and respect and by according them best treatment. Whenever his daughter Fatimah used to visit him, the Holy Prophet would stand up, kiss her and made her sit in his place.

  3. The daughters are entitled to share in inheritance of their fathers, mothers and near relatives. In case the deceased leaves one daughter only, she is entitled to one‑half and in case of two or more daughters, they would get two‑third of inheritance. But if the deceased leaves sons and daughters, the share of two daughters would be equal to one son. (Al‑Qur'an 4:11)

  4. A father must provide for the maintenance of his infant children, and in absence of nurse the mother is bound to suckle her infant at breast. But the father is not bound to maintain his children if they have got means of their own. If the father is poor and incapable of earning, the mother, if she is rich, is bound to maintain her children. (Hedayah)

  5. Slaying of daughters is such a heinous crime that on the day of Judgement, God would not even talk to their murderer. God would simply take evidence of the girl‑child who was buried alive and would punish her murderer very severely. (Al‑Qur'an 81:8‑9)

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IV ‑ VIEWS OF THE SCHOLARS

  1. Authors of the Encyclopedia of Seerah write about the position of woman particularly of daughter in pre‑Islamic era as under:

"The history of human civilization bears evidence that woman was regarded as an embodiment of depravity, shame and sin in the world. The birth of a daughter so embarrassed a father that he could not raise his head for shame. The in‑law relations were looked upon as base, mean and disgraceful. For this reason, .the inhuman custom of disposing of daughters by killing them had become common among .many nations. Besides the illiterate, ignorant people, the learned scholars and religious leaders also disputed for generations the question whether Allah had granted women a soul. In Hinduism, the woman stood debarred, from being educated in the Vedas. Buddhism did not recognise salvation for one having sex relations with woman. Christianity and Judaism looked upon woman as the source of all the evil committed by man in the world. In Greece, housewives were entitled to receive no education, nor training in culture, nor social rights. Only the prostitute was entitled to all these things! The condition in Rome, Iran, China, Egypt and other centres of human civilization was not very different." The change brought about by Islam has been discussed by the authors in these words: "It is Islam which revolutionised this state of affairs not only legally and practically but also intellectually. Islam has indeed changed the mentalities of both the man and woman. The concept of giving the woman her rights and a place of honour in society has in fact been created in man's mind by Islam. The slogans of women's right, women's education and women's emancipation that one so often hears these days are in fact an echo of the revolutionary call raised by the Holy Prophet of Islam, who changed man's way of thinking for all time to come. It was the Prophet of Islam who first taught the world that woman is as much a human being as man".

  1. Syed Ameer Ali writes: "But the Teacher who in an age when no country, no system, no. Community gave any right to woman, maiden or married, mother or wife, who, in a country where the birth of a daughter was considered a calamity, secured to the sex rights which are only unwillingly and under pressure being conceded to them by the civilized nations in the twentieth century, deserves the gratitude of humanity." He describes the position of daughter in Islamic Society in these words: As Tong as she is unmarried‑ she remains under the parental roof, and until she attains her majority she is, to some extent, under the control of the father or his representative. As soon, however; as she is of age, the law vests in her. all the rights which belong to her as an independent human being. She is entitled to share in the inheritance of her parents along with her brothers, and though the proportion is different, the distinction is founded on the relative position of brother and sister. A woman who is sui juris can under no circumstances be married without her own express consent, "not even by the sultan." On her marriage she does not lose her individuality. She does not cease to be a separate member of society. (The Spirit of Islam)

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