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 Woman Under The Shade Of Islam

استعرض الموضوع السابق استعرض الموضوع التالي اذهب الى الأسفل 
كاتب الموضوعرسالة
أحــمــد لــبــن AhmadLbn
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مُساهمةموضوع: Woman Under The Shade Of Islam   26/10/16, 11:52 am

Woman Under The Shade Of Islam
By: Dr.Jamal A.Badawi
God forgive him and his parents and to Muslims
========================================
CHAPTER 1
        Status Of Women

•    INTRODUCTION
•    HISTORICAL PERSPECTIVES
•    WOMAN IN ISLAM
•    CONCLUSION


CHAPTER 2
        Polgamy In Islam Law

•    INTRODUCTION
•    IS POLYGAMY IMMORAL PER SE?
•    WHAT IS THE LEGAL STATUS OF PLOGAMY IN ISLAM?
•    CAN POLYGAMY BE A BETTER SOLUTION IN SOME CASES?
•    WHY NOT POLYANDRY (PLURIATY OF HUSBANDS FOR THE SAME WOMEN
•    CONCLUSION

CHAPTER 3
•    INTRODUCTION

•    REQUIREMENTS IN DRESS
•    ADDITIONAL REQUIRMENTS
•    REQUIRMENTS OF MUSLIM MEN 'S
CLOTHING
•    CONCLUSION
REFERENCES

CHAPTER 1
        Status Of Women
INTRODUCTION
      The status of women in society is neither a new issue nor is it fully settled one.
     
The position of Islam on this issue has been among the subjects presented to the western reader with the least objectivity.
    
This book is intended to provide a brief and authentic exposition of what Islam stands for in this regard. The teachings of Islam are based essentially on the Qur'an (God's revelation) and Hadith (Prophetic Tradition).
    
The Qur'an and the Hadith, properly and unbiasedly understood, provide the basic source of authentication of any position or view which is attributed to Islam.
    
I will start with a brief historical survey of the status of women in the pre-Islamic era.

It will then focus on these major questions:
what is the position of Islam regarding the status of woman in society? Flow similar or different is that position from "the spirit of the time," which was dominant when Islam was revealed? How would this compare with the "rights" which were finally gained by woman in recent decades?
 
HISTORICAL PERSPECTIVES
One major objective of this book is to provide a fair evaluation of what Islam contributed (or failed to contribute) toward the restoration of woman's dignity and rights in order to achieve this objective, it may be useful to review briefly how women were treated in general in previous civilizations and religions, especially those which preceded Islam (pre- 610 AC) 1 Part of the information provided here, however, describes the status of woman as late as the nineteenth century, more than twelve centuries after Islam.
 
Women in Ancient Civilizations
Describing the status of the Indian woman, Encyclopedia Britannica states:
"In India, subjection was a cardinal principle. 

Day and night must woman he held by' their protectors in a state of dependence, says Manu. The rule of inheritance was agnatic, that is descent traced through males to the exclusion of females" 2

In Hindu scriptures, the description of a good wife is as follows:
"a woman whose mind, speech and body are kept in subjection, acquires high renown in this world, and, in the next, the same abode with her husband." 3
    
In Athens women were not better off than either the Indian or the Roman women.
    
"Athenian women were always minors, subject to some male - to their father to their brother or to some of their male kin. 4
     
Her consent in marriage was not generally thought to be necessary and "she was obliged to submit to the wishes of her parents, and receive from them her husband and her lord, even though he were stranger to her." 5
    
A Roman wife was described by a historian as:
"A babe, a minor, a ward, a person incapable of doing or acting anything according to her own individual taste, a person continually under the tutelage and guardianship of her husband." 6
    
in the encyclopedia Britannica, we find a summary of the legal status of women in the Roman civilization 7
     
"in Roman Law a woman was even in historic times completely dependent. If married she and her property passed into the power of her husband.. the wife was the purchased property of her husband, and like a slave acquired only for his benefit . A woman could not exercise any civil or public office… could not be a witness, surety, tutor, or curator, she could not adopt or be adopted, or make will or contract."
 
Among the Scandinavian Races
"women were under perpetual tutelage, whether married or unmarried. As late as the code of Christian v, at the end of the 17th Century, it was enacted that if a woman married without the consent of her tutor he might have if he wished, administration and usufruct of her goods during her life. 8

According to the English Common Law:
All real property which a wife held at the time of a marriage became a possession of her husband. He was entitled to the rent from the land and to any profit which might be made from operating the estate during the joint life of the spouses. As time passed, the English courts devised means to forbid a husbands transferring real property without the consent of his wife, but he still retained the right to manage it and to receive the money which it produced. As to a wife's personal property, the husband's power was complete. He had the right to spend it as he saw fit. 9

Only by the late nineteenth century did the situation start to improve. "By a series of acts starting with the Married Women's Property Act in 1870, amended in 1882 and 1887, married women had the right to own property and to enter contracts on a par with spinsters, widows, and divorcees. " 10 As late as the nineteenth century an authority in ancient law, Sir Henry Maine, wrote: "No society which preserves any tincture of Christian institutions is likely to restore to married women the personal liberty conferred on them by the middle Roman Law."11
     
In his essay "The Subjection of women", John Stuart mill wrote:
"We are continually told that civilization and Christianity have restored to the woman her just rights meanwhile the wife is the actual bond servant of her husband; no less so, as far as the legal obligation goes than slaves commonly so called."12
      
Before moving on to the Qur'anic decrees concerning the status of woman, a few Biblical decrees may shed more light on the subject, thus providing a better basis for an impartial evaluation. In the mosaic Law, the wife was betrothed. Explaining this concept, the Encyclopedia Biblica states: "To betroth a wife to oneself meant simply to acquire possession of her by payment of the purchase money; the betrothed is a girl for whom the purchase money' has been paid " I3 From the legal point of view, the consent of the girl was not necessary for the validation of her marriage. 

"The girl's consent is unnecessary and the need for it is nowhere suggested in the Law." 14

As to the right of divorce, we read in the Encyclopedia Biblica: "The woman being man's property, his right to divorce her follows as a matter of course" 15 The right to divorce was held only by man. "In the Mosaic Law', divorce was a privilege of the husband only 16 The position of the Christian Church until recent centuries seems to have been influenced by both the Mosaic Law and by the streams of thought that were dominant in its contemporary cultures. In their book, marriage East and west, David and Vera Mace wrote:17
    
"Let no one suppose, either, that our Christian heritage is free of such slighting judgements. 

It would be hard to find anywhere a collection of more degrading references to the female sex than the early Church Fathers provide. 

Lecky, the famous historian, speaks of (these fierce incentives which form so conspicuous and so grotesque a portion of the writing of the Fathers woman was represented as the door of hell, as the mother of all human ills. She should be ashamed at the very thought that she is a woman. She should live in continual penance on account of the curses she has brought upon the world. She should be ashamed of her dress for it is thememorial of her fall. She should be especially ashamed of her beauty, for it is the most potent instrutment of the devil). One of the most scathing of these attacks on woman is that of Tertullian; Do you know that you are each an Eve?

The sentence of God on his sex of yours lives in this age: the guilt must, of necessity, live too.
You are the devil's gateway:
you are the unsealer of that forbidden tree; you are the first deserters of the divine law; you are she who persuades him whom the devil was not valiant enough to attack. You destroyed so easily God's image, man.

On account of your desert- that is death - even the Son of God had to die. Not only did the Church affirm the inferior status of  woman, it deprived her of legal rights she had previously enjoyed."




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مُساهمةموضوع: رد: Woman Under The Shade Of Islam   26/10/16, 12:19 pm

WOMAN IN ISLAM
In the midst of the darkness that engulfed the world, the divine revelation echoed in the wide desert of Arabia with a fresh, noble, and universal message to humanity:
 
"O mankind, keep your duty to your Lord who created you from a single soul and from it created its mate (of same kind) and from their twain has spread a multitude of men and women"(Quran 4:1) 18
 
A scholar who pondered about this verse states: "It is believed that there is no text, old or new, that deals with the humanity of the woman from all aspects with such amazing brevity, eloquence, depth, and originality as this divine decree." 19

Stressing this noble and natural conception, the Qur'an states:
"he (God) it is who did create you from a single soul and therefrom did create his mate, that he might dwell with her (in love)  (Qur'an 7:189)
 
"the Creator of heavens and earth: he has made for you pairs from among yourselves" (Qur'an 42:11)
 
"And Allah has given you mates of your own nature, and has given you from you mates, children and grandchildren and has made provision of good things for you. Is it then in vanity that they believe and in the grace of God that they disbelieve" (Qur'an 16:72)

*The Unique Attitude of Islam Towards Women
Islam brought woman a new life. It raised her to her natural place and retuned to her honor and humanity.
    
The rest of this book outlines the position of islam regarding the Status of woman in society from its various aspects -spiritually, socially , economically and politically.
 
1. The Spiritual Aspect:
The Quran provides clear- cut evidence that woman is completely equated with man in the sight of God in terms of her rights and responsibilities.

The Qnr'an states:
"Every Soul Will be (held) in pledge for its deeds. (Qur'an74:38)

It also states:
"Their Lord accepted their prayers. (saying): I will not waste the work of any of you whether male or female. You are members, one of another. (Quran 3:195).
 
"Whoever works righteousness, man or woman, and has faith, verily to him will We give a new life that is good and pure, and We will bestow on such their reward according to their actions." (Quran 16:97, see also 4:124).

Woman according to the Qur'an is not blamed for Adam's first mistake. Both were jointly wrong in their disobedience to God, both repented, and both were forgiven (Qur'an 2:36, 7:20-24). In one verse in fact (Quran 20:121), Adam specifically, was blamed.
       
In terms of religious obligations, such as the Daily Prayers, Fasting; Poor-due, and Pilgrimage, woman is no different from man. In some cases indeed, woman has certain advantages over man.

For example, the woman is exempted from the daily prayers and from fasting during her menstrual periods and forty days after childbirth.

She is also exempted from fasting during her pregnancy and when she is nursing her baby if there is any threat to her or her baby's health. 

If the missed fasting is obligatory (during the month of Ramadan), she can make up for the missed days whenever she can. She does not have to make up for the prayers missed for any of the above reasons. Although women can and did go into the mosque during the days of the Prophet and thereafter, attendance at the Friday congregational prayers is optional for them while it is mandatory for men.

This is clearly a tender touch of the Islamic teachings for they are considerate of the fact that a woman may be nursing her baby or caring for him, and thus may be unable to go out to the mosque at the time of the prayers. 

They also take into account the physiological and psychological changes associated with her natural female functions.

2. The Social Aspect
a) As a child and adolescent
Despite the social acceptance of female infanticide among some Arabian tribes, the Qur'an forbade this custom, and considered it a crime like any other murder.
 
"And when the female (infant) buried alive- is questioned for what crime she was killed." (Qur'an 81:8-9)
 
Criticizing the attitudes of such parents who reject their female children, the Qur'an states:
"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 her on (Sufferance) and contempt or bury her in the dust? ah! What an evil (choice) they decide on?"
 
Far from saving the girl's life so that she may later suffer injustice and inequality, Islam requires kind and just treatment for her. 

Among the sayings of prophet Muhammad (peace be upon him ) in this regard is the following:
"whosoever has a daughter and he does not bury her alive does not insult her and does not favor his son over her god will enter him into paradise." (ibn Hanbal, No. 1957)
 
"whosoever supports two daughters till they mature, he and I will come in the day of judgment as this (and he pointed with his two fingers held together)."

A similar hadith deals in like manner with
one who supports two sisters. (ibn Hanbal, No. 2104)
    
the right of females to seek knowledge is not different from that of males. Prophet Muhammad (peace be upon him) said: "seeking knowledge is mandatory for every muslim." (Al- Bayhaqi)
   
Muslim as used here includes both males and females. 20
 
b) As a wife:
The Qur'an clearly indicated that marriage is sharing between thetwo halves of the society' and that its objectives, beside perpetuating human life, are emotional well-being and spiritual harmony. Its bases are love and mercy.

Among the most impressive verses in the Qur'an about marriageis the following.

"and among His signs is this:
That he created mates for you from yourselves that you may find rest and peace of mind in them, and He ordained between you love and mercy. Lo. herein indeed are signs for people who reflect." (Quran 30:21)

According to Islamic Law, women can not be forced to' marry anyone without their consent.

Ibn `Abbas reported that a girl came to the messenger of God, Muhammad (Peace be upon him), and she reported that her father had forced her to marry without her consent.

The Messenger of God gave her the choice... (between accepting the marriage or invalidating it). (Ibn Hanbal No.2469) In another version, the girl said: "Actually I accept this marriage but I wanted to let women know that parents have no right (to force a husband on them)." (Ibn-Majah, No.1873)

Besides all other provisions for her protection at the time of marriage, it was specifically decreed that woman has the full right to her Mahr, a marriage gift, which is presented to her by her husband and is included in the nuptial contract, and that such ownership does not transfer to her father or husband.

The concept of mahr in Islam is neither an actual or symbolic price for the woman, as was the case in certain cultures, but rather it is a gift symbolizing love and affection. The rules for married life in Islam are clear and in harmony with upright human nature.

In consideration of the physiological and psychological makeup of man and woman, both have equal rights and claims on one another, except for one responsibility, that of leadership. This is a matter which is natural in any collective life and which is consistent with the nature of man.

The Qur'an thus states:
"And they (women) have rights similar to those (of men) over them, and men are a degree above them." (Quran 2:228)

This "degree" is Quiwama (maintenance and protection). This refers to that natural difference between the sexes which entitles the weaker sex to protection. It implies no superiority of advantage before the law. Yet, man's role of leadership in relation to his family does not mean the husband's dictatorship over his wife. Islam emphasizes the importance of taking counsel and mutual agreement in family decisions.

The Qur'an gives us an example:
"If they (husband and wife) desire to wean the child by' mutual consent and (after)
consultation, there is no blame on them" (Qur'an 2:233)

Over and above her basic rights as a wife comes the right which is emphasized by the Qur'an and is strongly recommended by the Prophet (Peace be upon him); which is kind treatment and companionship.




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مُساهمةموضوع: رد: Woman Under The Shade Of Islam   26/10/16, 12:29 pm

The Qur'an states: 
"But consort with them in kindness, for if you hate them it may happen that you hate a thing wherein God has placed much good."(Qur'an 4:19)

Prophet Muhammad (Peace be upon him) said: The best of you is the best to his family and I am the best among you to my family.

The most perfect believers are the best in conduct and best of you are those who are best to their wives. (Ibn-Hanbal, No.7396)

"Behold, many women came to muhammad' swives complaining against their husbands(because they beat them).. those (husbands) arenot the best of you."

As the woman's right to decide about her marriage is recognized,so also her right to seek an end for an unsuccessful marriage is recognized to provide for the stability of the family, however, and in order to protect it from hasty decisions under temporary emotional stress certain step's and waiting periods should be observed by men and women seeking divorce. Considering the relatively more emotional nature of women, a good reason for asking for divorce should be brought before the judge. Like the man, however, the woman can divorce herself without resorting to the court, if the nuptial contract allows that.

More specifically, some aspects of Islamic Law concerning marriage and divorce are interesting and are worthy of separate treatment. 21

When the continuation of the marriage relationship is impossible for any reason, men are still taught to seek a gracious end for it.

The Qur'an states about such cases:
"when you divorce women, and they reach their prescribed term, then retain them in kindness or release them in kindness and retain them not for injury so that you transgress (the limits)"(Qur'an 2:231) (See also Qur'an2:229) and 33:49).

c) As a mother: 
Islam considered kindness to parents to the worship of God.
 
"And we have enjoined upon man (to be good) to his parents ; his mother bears him in weakness upon weakness….(Qur'an 31:14) (See also Qur'an 46:15,29:8)

Moreover, the Qur'an has a special recommendation for the good treatment of mothers:
"your Lord has decreed that you worship none save him and that you b kind to your parents" (Qur'an 17:23)

A man came to Prophet Muhammad (Peace be upon him) asking;"O Messenger of god, who among the people is the most worthy of my good company?The Prophet (Peace he upon him) said Your mother. The man said then who else? The Prophet (Peace be upon him) said, your mother. The man asked then who else? 

The Prophet (Peace be upon him) said, "Your mother". The man asked, then who Else? Only then did the Prophet (Peace be upon him) say your father!" (Al-Bukhan' & Muslim)

A famous saying of the Prophet is "Paradise is at the feet of mothers." (Al- Nisa'i, lbn-Majah & Ahmed)

The prophet also said:
"It is the generous (in character) who is good to women, and it is the wicked who insults them."

3. The Economic Aspect:
Islam decreed a right of which woman was deprived both before Islam and after it (even as late as this century) 22, the right of independent ownership. According to Islamic Law, woman's right to her money, real estate, or other properties is fully acknowledged. This right undergoes no change whether she is single or married. She retains her full rights to buy, sell, mortgage or lease any or all her properties. It is nowhere suggested in the Law that a woman is a minor simply because she is a female. It is also noteworthy that such right applies to her properties before marriage as well as to whatever she acquires thereafter.

With regard to the woman's right to seek employment it should be stated first that Islam regards her role in society as a mother and a wife as the most sacred and essential one. 

Neither maids nor babysitters can possibly take the mother's place as the educator of upright, complex-free, and carefully-reared children. Such a noble and vital role, which largely shapes the future of nations, can not be regarded as “idleness”.

However, there is no decree in Islam which forbids woman from seeking employment whenever there is a necessity for it, especially in positions which fit her nature and in which society needs her most. Examples of these professions are nursing, teaching (especially for children), and medicine. Moreover, there is no restriction on benefiting from woman’s exceptional talent in any field. Even for the position of a judge, where there may be a tendency to doubt the woman’s fitness for the post due to her more emotional nature, we find early Muslim scholars such as Abu Hanifa and Al-Tabary holding there is nothing wrong with it. In addition, Islam restored to woman the right of inheritance, after she herself was an object of inheritance in some cultures. Her share is completely hers and no one can make any claim on it, including her father and her husband.
 
"Unto men (of the family) belongs a share of that which parents and near kindred leave, and unto women ! share of that which parents and near kindred leave, whether it be a little or much a determiate share.” (Qur’an 4.7)

Her share in most cases is one-half the man’s share, with no implication that she is worth half a man! It would seem grossly.

Inconsistent after the overwhelming evidence of woman's equitable treatment in Islam, which was discussed in the preceding pages, to make such an inference. This variation in inheritance rights is only consistent with the variations in financial responsibilities of man and woman according to the Islamic Law. Man in Islam is fully responsible for the maintenance of his wife, his children, and in some cases of his needy relatives, especially the females. This responsibility is neither waived nor reduced because of his wife's wealth or because of her access to any personal income gained from work, rent, profit, or any other legal means.

Woman, on the other hand is far more secure financially and is far less burdened with any claims on her possessions. Her possessions before marriage do not transfer to her husband and she even keeps her maiden name. She has no obligation to spend on her family out of such properties or out of her income after marriage she is entitled to the "mahr" which she takes from her husband at the time of marriage. If she is divorced, she may get an alimony from her ex-husband.

An examination of the inheritance law within the overall framework of the Islamic Law reveals not only justice but also an abundance of compassion for woman. 23

4. The Political Aspect:
Any fair investigation of the teachings of Islam or into the history of the Islamic civilization will surely find a clear evidence of woman's equality with man in what we call today "political rights". This includes the right of election as well as the nomination to political offices. It also includes woman's right to participate in public affairs. Both in the Qur'an and in Islamic history we find examples of women who participated in serious discussions and argued even with the Prophet (peace be upon him) himself (see Qur'an 58:1-4 and 60:10-12)

During the caliphate of Umar Ibn Al-Khattab, a woman argued with him in the mosque, proved her point, and caused him to declare in the presence of people: "a woman is right and " "umar is wrong."

Although not mentioned in the Qur'an, one hadith of the prophet is interpreted to make woman ineligible for position of head of state. 

The hadith referred is roughly translated: "a people will not prosper if they let a woman be their leader. "this limitation, however, has nothing to do with the dignity of woman or with her rights. It is rather, related to the natural differences in the biological and psychological make- up of men and women.

According to Islam, the head of the estate is no mere figurehead. He leads people in the prayers, especially on Friday and festivities: he is continuously engaged in the process of decision- making pertaining to the security and well- being of his people. This demanding position, or any similar one, such as the commander of the army, is generally inconsistent with the physiological and psychological make-up of woman in general. It is a medical fact that during their monthly periods and during their pregnancies, women undergo various physiological and psychological changes. Such changes, may occur during an emergency situation, thus affecting her decision. Moreover, some decisions require a maximum of rationality and a minimum of emotionality- a requirement which does not coincide with the instinctive nature of women.
 
Even in modem times, and in the most developed countries, it is rare to find a woman in the position of a head of state acting as more than a figurehead, a woman commander of the armed services, or even a proportionate number of woman representatives in parliament, or similar bodies. One can not possibly ascribe this to backwardness of various nations or to any constitutional limitation on woman's right to be in such a position as a head of state or as a member of the parliament. It is more logical to explain the present situation in terms of the natural and indisputable differences between man and woman, a difference which does not imply any "supremacy" of one over the other. The difference implies rather the "complementary" roles of both the sexes in life.


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مُساهمةموضوع: رد: Woman Under The Shade Of Islam   26/10/16, 12:34 pm

Conclusion
The first part of this chapter deals briefly with the position of various religions and cultures on the issue under investigation. Part of this exposition extends to cover the general trend as late as the nineteenth century, nearly 1300 years after the Qur'an set forth the Islamic teachings.
     
In the second part, the status of women in Islam is briefly disclosed. Emphasis in this part is placed on the original and authentic sources of Islam. This represents the standard according to which adherence of Muslims can be judged. It is also a fact that during the downward cycle of Muslim Civilization, such teachings were not strictly adhered to by many people who profess to be Muslims.
      
Such deviations were unfairly exaggerated by some writers, and the worst of this, were superficially taken to represent the teachings of "Islam" to the Western reader without taking the trouble to make any original and unbiased study of the authentic sources of these teachings.
     
Even with such deviations three facts are worth mentioning:
1. The history of Muslims is rich with women of great achievements in all walks of life from as early as the seventh century (BC). 24
 
2. It is impossible for anyone to justify any mistreatment of woman by any decree of rule embodied in the Islamic Law, nor could anyone dare to cancel, reduce or distort the clear-cut legal rights of women given in Islamic Law.

3. Throughout history, the reputation, chastity and maternal role of Muslim women were objects of admiration by impartial observers.

It is also worthwhile to state that the status which women reached during the present era was not achieved due to the kindness of men or due to natural progress.

It was rather achieved through a long struggle and sacrifice on woman's part and only when society needed her contribution and work, more especially during the two world wars, and dire to the escalation of technological change.

In the case of Islam such compassionate and dignified status was decreed, not because it reflects the environment of the seventh century, nor under the threat or pressure of women and their organizations, but rather because of its intrinsic truthfulness.

If this indicates anything, it demonstrates the divine origin of the Qur'an and the truthfulness of the message of Islam, which, unlike human philosophies and ideologies was, far from proceeding from its human environment, a message which established such humane principles as neither grew obsolete during the course of time nor can become obsolete in the future. After all, this is the message of the All-Wise and All-Knowing God Whose wisdom and knowledge are far beyond the ultimate in human thought and progress.


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مُساهمةموضوع: رد: Woman Under The Shade Of Islam   26/10/16, 12:44 pm

CHAPTER 2
Polgamy In Islam Law
INTRODUCTION
Like Judaism and Christianity, (1) Islam does not provide an explicit prohibition of polygamy (more correctly polygyny).

Unlike Judaism, Christianity and perhaps other religions as well, Islam deals with the issue more clearly and provides certain legal requirements and restraints that amount to the discouragement of such a practice.

The reason for not prohibiting polygamy categorically is perhaps due to the fact that there are certain conditions which face individuals and societies in different places and at different times, which make the limited practice of polygamy a better solution than either divorce or the hypocritical pretence of morality.

Our present day feelings about what is "tasteful" or "distasteful" are something we cannot force on all people everywhere, at all times and under all conditions, unless it is a question of a law coming from God. This leads to the following question.

  Is polygamy immoral per se?
To shorten the discussion, let us begin with the assumption that religions are acceptable sources of "morals." Let us also select two religions (Judaism and Christianity) which are the closest to Islam, in order to see where they stand on that issue.

(a) In Judaism: It is notable that most of the Old Testament Prophets were polygamous.
According to the Old Testament, Ibrahim "the friend of God" had more than one wife, David had one hundred wives, and Solomon is even said to have had 700 wives and 300 concubines.

If polygamy is immoral per se, then these and other leading figures in the Biblical traditions are immoral. In this case, there would be no sanctity attached to the Bible, its Prophets, or its teachings, Yet no sincere Jew, Christian, or Muslim would regard God's chosen Messengers as immoral persons! The Dictionary of the Bible stales:
Polygamy meets us as a fact: e.g. Ibrahim, Jacob, the Judges, David, Solomon...In Deuteronomy 17:17, the king is warned not to multiply wives; later regulations fixed the number at eighteen for a king and four for an ordinary man. (1)

The philosophy behind the legalization of polygamy is explained in the encyclopedia Biblica:
"The man who owns his wife as a chattel can on the same principle own as many as he pleases that is to say, as many as he can afford to buy and keep.. The Talmudists formulate the rule that no Jew may have more than four wives, kings may have at most eighteen". (2)

lt was only at the beginning of the eleventh century! (about four centuries after the advent of Islam) that polygamy was expressly prohibited in Judaism.

According to Westermarck:
"Among European Jews polygyny was still practiced during the Middle ages, and among Jews living in Muhammadan countries it occurs even to this day. An express prohibition of it was not pronounced until the convening of the Rabbincal Synod at worms in the beginning of the eleventh century. This prohibition was originally made for the Jews living in Germany And Northern France, but it was successively adopted in all European countries. Nevertheless, The Jewish Marriage Code retained many Provisions which originated at a time when polygyny was still legally in existence."(3)
     
(b) In Christianity As the Old Testament is a vital part of the Christian faith, it cannot be disregarded in this discussion. It was concerning the Old Testament laws and the Old Testament Prophets that Jesus (Peace be upon him) said plainly that he came not to destroy the Law or the Prophets but rather to fulfill. In addition, there is no passage in the New Testament that clearly prohibits polygamy. This was the understanding of the early Church Fathers and for several centuries in the Christianera.

Westermarck, the noted authority on the history of human marriage states:
"Considering that monogamy prevailed as the only legitimate form of marriage in Greece and Rome, it cannot be said that Christianity introduced obligatory monogamy in the Western World. Indeed, although the New Testament assumes monogamy as the normal or ideal form of marriage, it does not expressly prohibit polygyny except in the case of a bishop and a deacon.

It has been argued that it was not necessary for the first Christian teachers to condemn polygyny because monogamy was the universal role among peoples in whose midst it was preached; but this is certainly not true of the Jews, who still both permitted and practiced polygyny at the beginning of the Christian era."

Some of the Fathers accused the Jewish Rabhis of sensuality, but no Council of the Church in the earliest centuries opposed polygyny, and no obstacle was put in the way of its practice by kings in countries where it had occurred in the times of paganism. In the middle of the sixth century Diarmait, King of Ireland, had two queens and two concubines.

Polygyny was frequently practiced by the Merovingian Kings. Charles the Great had two wives and many concubines; and one of his laws seems to imply that polygyny was not unknown even among priests. In later times Philip of Hesse and Frederick Villaim II of Prussia contracted bigamous marriages with the saijction of the Lutheran clergy. Luther himself approved of the bigamy of the former, and so did Melanchthon. On various occasions Luther speaks of polygyny with considerable toleration.

It had not been forbidden by God; even Ibrahim, who was a "perfect Christian," had two wives. It is true that God had allowed such marriage to certain men of the Old Testament only in particular circumstances, and if a Christian wanted to follow their example he had to show that the circumstances were similar in his case; but polygamy was undoubtedly preferable to divorce.

In 1650, soon after the Peace of Westphalia, when the population had been greatly reduced by the Thirty Years' War, the Frankish Kreistag at Nuremberg passed the resolution that thenceforth every man should be allowed to marry two women. Certain sects of Christians have even advocated polygyny with much fervor. In 1531 the Anabaptists openly preached at Munster that he who wants to be a true Christian must have several wives.

And the Mormons, as all the world knows, regard polygyny as a divine institution.(4) 
 
What is the legal status of polygamy in Islam? 
The verse which allows polygamy "was revealed after the battle of Uhud in which many Muslims were killed, leaving widows and orphans for whom due care was incumbent upon the Muslim survivors."(5)
 
The translation of the verse is as follows:
"If you fear that you shall not he able to deal justly with the orphans, marry women of your choice, two, or three, or four: but if you fear that you shall not be able to deal justly (with them), then (marry) only one...." (Qur'an 4:3)

From this verse a number of facts are evident:
(1) That polygamy is neither mandatory, nor encouraged but merely permitted.

(2) that the permission to practice polygamy is not associated with mere satisfaction of passion. It is rather associated with compassion toward widows and orphans, a matter that is confirmed by the atmosphere in which the verse was revealed.
 
(3) that even in such a situation, the permission is far more restricted than the normal practice which existed among the Arabs and other peoples at that time whereby they married as many as ten or more wives.

(4) That dealing justly with one's wives is an obligation. This applies to housing, food, clothing, kind treatment ..etc., for which the husband is fully responsible. If one is not sure of being able to deal justly with them.

the Qur'an says:
"then (marry) only one. (Qur'an 4:3)

This verse, when combined with another verse in the same chapter shows some discouragement of such plural marriages the other verse plainly states:   
"you are never able to be fair and just as between even if it is your ardent desire…" (Qur'an 4:129)

The requirement of justice rules out the fantasy that man can “own as many as he pleases (6) it also rules out the concept of “secondary wife” for all wives have exactly the same status and are entitled to identical rights and claims over their husband. It also provide enough support for any of his wives, she can go to the court and for a divorce.
     
(5) the verse says “marry” not “kidnap, buy, or seduce”. What is “marriage” as understood in Islam? Marriage in Islam is a civil contract which is not valid unless both contracting parties consent to it. Thus no wife can be forced or “given” to husband who is already married.


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مُساهمةموضوع: رد: Woman Under The Shade Of Islam   26/10/16, 12:58 pm

It is thus a free choice of both parties.
As to the first wife :
(a) She may be barren or ill and see in polygamy a better solution than divorce.
(b) She may divorce herself if her husband is married to a second wife provided that he gives her this right.
(c) She can go to court and ask for a divorce if there is evidence of mistreatment or injustice inflicted upon her.

But if polygamy is discouraged and loaded with such constraints, would it not have been better if the Qur’an simply forbade it? To answer this question, we may have to raise another one;

Can polygamy be a better solution in some cases?
Scholars in the past and at present, Muslims and non-Muslims, have consistently pointed out such cases. The following are a few examples which are tied in with the general approach of islam to individual and social problems.
   
(a) Individual Cases:
1. A man who discovers that his wife is barren, and who at the same time instinctively aspires to have children and heirs.

In a situation as this, the man would either have to:
- Suffer the deprivation of fatherhood for life. Divorce his barren wife and get married to another woman who is not barren.

In many cases, neither solution can be considered as the best alternative. Polygamy would have the advantage of preserving the marital relationship without depriving the man of fathering children of his own.

2. A man whose wife becomes chronically ill would have one of several possible alternatives:
- He may suppress his instinctive sexual needs for the rest of his life.

- He may divorce his sick wife at the time when she needs his compassion most, and get married to another woman, thus legally satisfying his instinctive needs.

- Or he could compromise by keeping his sick wife, and secretly take for himself one or more illicit sex partners

Let us discuss these alternatives from the point of view of the Islamic teachings. The first solution is against human nature. Islam recognizes sex and sexual needs and provides for legitimate means for their satisfaction. The second solution is clearly less compassionate, especially where there is love between the two parties. Furthermore divorce is described by Prophet Muhammad (Peace be upon him) as the "permitted thing which is hated most by God." The last solution is plainly against the Islamic teachings which forbid illicit sexual relations in any form.

To sum up, Islam being against immorality, hypocritical pretense of morality, and against divorce unless no better solution is available, provides for a better alternative which is consistent with human nature and with the preservation of pure and legitimate sexual relationships. In a situation like this, it is doubtful that any solution would be better than polygamy, which is, after all, an optional solution.

(b) Social cases:
1. Anthropologists tell us that among various tribes and societies, polygamy is a social and economic necessity. In some very poor areas, the infant mortality is very high. Children on the other hand, are a source of additional labour for the earning capacity of the family. 

To have more children under such situations would require the practice of polygamy. It is for this very reason Christian missionaries in some African regions justified their permission to local people to practice polygamy without being excommunicated from the church. One researcher has even found, through his studies that women in such societies not only accept polygamy, but some of them even prefer this.(7)

2. Aside from cases where women outnumber men , devastating wars, in the past and at present, have taken their toll mainly among men the result is not simply more women who cannot find husbands but even more widows who may aspire to a respectable family life in such a situation, polygamy is bad, the limitation on polygamy is even far worse.
 
Both unmarried women and widows are human beings unless their instinctive needs are legitimately satisfied, the temptations is great for corruption and immorality. But aside from the moral question these women are also exploited. They are used as tools for men’s pleasures, yet have no guarantees, no rights or security, financial or emotional. Should they become pregnant, it is their burden alone. But even if such women are ready to pay the price of this personally, society also suffers seriously from such situations. The increasing number of illegitimate children born today under conditions such as these provides a potential base for tomorrow’s maladjusted and even criminals. Furthermore it is inhuman, humiliating for those children to grow up without knowing who their fathers were and without enjoying a clean and normal family life.

One question remains: 
Why not polyandry (plurality of husbands for the same woman)?
It is evident that the nature of women is physiologically and psychologically different from that of men. Psychologically speaking, the woman is monogamous by her very nature. Furthermore, in all cultures, new and old, the headship of the family had two or more heads. Furthermore, if the woman is married to more than one husband, which would be the father of her children?

Is polygamy immoral per se?
To shorten the discussion, let us begin with the assumption that religions are acceptable sources of "morals." Let us also select two religions (Judaism and Christianity) which are the closest to Islam, in order to see where they stand on that issue.

(a) In Judaism:
It is notable that most of the Old Testament Prophets were polygamous. According to the Old Testament, Ibrahim "the friend of God" had more than one wife, David had one hundred wives, and Solomon is even said to have had 700 wives and 300 concubines.

If polygamy is immoral per se, then these and other leading figures in the Biblical traditions are immoral. In this case, there would be no sanctity attached to the Bible, its Prophets, or its teachings, Yet no sincere Jew, Christian, or Muslim would regard God's chosen Messengers as immoral persons!

The Dictionary of the Bible stales:
Polygamy meets us as a fact: e.g. Ibrahim, Jacob, the Judges, David, Solomon... In Deuteronomy 17:17, the king is warned not to multiply wives; later regulations fixed the number at eighteen for a king and four for an ordinary man. (1)

The philosophy behind the legalization of polygamy is explained in the encyclopedia Biblica:
"The man who owns his wife as a chattel can on the same principle own as many as he pleases that is to say, as many as he can afford to buy and keep.. The Talmudists formulate the rule that no Jew may have more than four wives, kings may have at most eighteen". (2)

lt was only at the beginning of the eleventh century! (about four centuries after the advent of Islam) that polygamy was expressly prohibited in Judaism. According to Westermarck:
"Among European Jews polygyny was still practiced during the Middle ages, and among Jews living in Muhammadan countries it occurs even to this day. An express prohibition of it was not pronounced until the convening of the Rabbincal Synod at worms in the beginning of the eleventh century. This prohibition was originally made for the Jews living in Germany And Northern France, but it was successively adopted in all European countries. 

Nevertheless, The Jewish Marriage Code retained many Provisions which originated at a time when polygyny was still legally in existence."(3)

(b) In Christianity As the Old Testament is a vital part of the Christian faith, it cannot be disregarded in this discussion. It was concerning the Old Testament laws and the Old Testament Prophets that Jesus (Peace be upon him) said plainly that he came not to destroy the Law or the Prophets but rather to fulfill. In addition, there is no passage in the New Testament that clearly prohibits polygamy. This was the understanding of the early Church Fathers and for several centuries in the Christianera.

Westermarck, the noted authority on the history of human marriage states:
"Considering that monogamy prevailed as the only legitimate form of marriage in Greece and Rome, it cannot be said that Christianity introduced obligatory monogamy in the Western World. Indeed, although the New Testament assumes monogamy as the normal or ideal form of marriage, it does not expressly prohibit polygyny except in the case of a bishop and a deacon. It has been argued that it was not necessary for the first Christian teachers to condemn polygyny because monogamy was the universal role among peoples in whose midst it was preached; but this is certainly not true of the Jews, who still both permitted and practiced polygyny at the beginning of the Christian era."
     
Some of the Fathers accused the Jewish Rabhis of sensuality, but no Council of the Church in the earliest centuries opposed polygyny, and no obstacle was put in the way of its practice by kings in countries where it had occurred in the times of paganism. In the middle of the sixth century Diarmait, King of Ireland, had two queens and two concubines. 

Polygyny was frequently practiced by the Merovingian Kings. Charles the Great had two wives and many concubines; and one of his laws seems to imply that polygyny was not unknown even among priests. In later times Philip of Hesse and Frederick Villaim II of Prussia contracted bigamous marriages with the saijction of the Lutheran clergy. Luther himself approved of the bigamy of the former, and so did Melanchthon. On various occasions Luther speaks of polygyny with considerable toleration. It had not been forbidden by God; even Ibrahim, who was a "perfect Christian," had two wives. It is true that God had allowed such marriage to certain men of the Old Testament only in particular circumstances, and if a Christian wanted to follow their example he had to show that the circumstances were similar in his case; but polygamy was undoubtedly preferable to divorce.

In 1650, soon after the Peace of Westphalia, when the population had been greatly reduced by the Thirty Years' War, the Frankish Kreistag at Nuremberg passed the resolution that thenceforth every man should be allowed to marry two women. Certain sects of Christians have even advocated polygyny with much fervor. In 1531 the Anabaptists openly preached at Munster that he who wants to be a true Christian must have several wives.
And the Mormons, as all the world knows, regard polygyny as a divine institution.(4) 
 
What is the legal status of polygamy in Islam? 
The verse which allows polygamy "was revealed after the battle of Uhud in which many Muslims were killed, leaving widows and orphans for whom due care was incumbent upon the Muslim survivors."(5)
 
The translation of the verse is as follows:
"If you fear that you shall not he able to deal justly with the orphans, marry women of your choice, two, or three, or four: but if you fear that you shall not be able to deal justly (with them), then (marry) only one...." (Qur'an 4:3)


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مُساهمةموضوع: رد: Woman Under The Shade Of Islam   26/10/16, 01:13 pm

From this verse a number of facts are evident:
(1) That polygamy is neither mandatory, nor encouraged but merely permitted.

(2) that the permission to practice polygamy is not associated with mere satisfaction of passion. It is rather associated with compassion toward widows and orphans, a matter that is confirmed by the atmosphere in which the verse was revealed.
 
(3) that even in such a situation, the permission is far more restricted than the normal practice which existed among the Arabs and other peoples at that time whereby they married as many as ten or more wives.
    
(4) That dealing justly with one's wives is an obligation. This applies to housing, food, clothing, kind treatment ..etc., for which the husband is fully responsible. If one is not sure of being able to deal justly with them.

the Qur'an says:
"then (marry) only one. (Qur'an 4:3)
      
This verse, when combined with another verse in the same chapter shows some discouragement of such plural marriages the other verse plainly states:  
"you are never able to be fair and just as between even if it is your ardent desire…" (Qur'an 4:129)
     
The requirement of justice rules out the fantasy that man can “own as many as he pleases (6) it also rules out the concept of “secondary wife” for all wives have exactly the same status and are entitled to identical rights and claims over their husband. It also provide enough support for any of his wives, she can go to the court and for a divorce.
     
(5) the verse says “marry” not “kidnap, buy, or seduce”. What is “marriage” as understood in Islam? Marriage in Islam is a civil contract which is not valid unless both contracting parties consent to it. Thus no wife can be forced or “given” to husband who is already married.
     
It is thus a free choice of both parties. As to the first wife:
(a) She may be barren or ill and see in polygamy a better solution than divorce.    
(b) She may divorce herself if her husband is married to a second wife provided that he gives her this right.
(c) She can go to court and ask for a divorce if there is evidence of mistreatment or injustice inflicted upon her.
   
But if polygamy is discouraged and loaded with such constraints, would it not have been better if the Qur’an simply forbade it? To answer this question, we may have to raise another one;
 
Can polygamy be a better solution in some cases? 
Scholars in the past and at present, Muslims and non-Muslims, have consistently pointed out such cases. The following are a few examples which are tied in with the general approach of islam to individual and social problems.
   
(a) Individual Cases:
1. A man who discovers that his wife is barren, and who at the same time instinctively aspires to have children and heirs.

In a situation as this, the man would either have to:
- Suffer the deprivation of fatherhood for Divorce his barren wife and get married to another woman who is not barren.

In many cases, neither solution can be considered as the best alternative. Polygamy would have the advantage of preserving the marital relationship without depriving the man of fathering children of his own.

2. A man whose wife becomes chronically ill would have one of several possible alternatives:
- He may suppress his instinctive sexual needs for the rest of his life.

- He may divorce his sick wife at the time when she needs his compassion most, and get married to another woman, thus legally satisfying his instinctive needs.

- Or he could compromise by keeping his sick wife, and secretly take for himself one or more illicit sex partners
    
Let us discuss these alternatives from the point of view of the Islamic teachings. The first solution is against human nature. Islam recognizes sex and sexual needs and provides for legitimate means for their satisfaction. The second solution is clearly less compassionate, especially where there is love between the two parties. Furthermore divorce is described by Prophet Muhammad (Peace be upon him) as the "permitted thing which is hated most by God." The last solution is plainly against the Islamic teachings which forbid illicit sexual relations in any form.

To sum up, Islam being against immorality, hypocritical pretense of morality, and against divorce unless no better solution is available, provides for a better alternative which is consistent with human nature and with the preservation of pure and legitimate sexual relationships. In a situation like this, it is doubtful that any solution would be better than polygamy, which is, after all, an optional solution.

(b) Social cases:
1. Anthropologists tell us that among various tribes and societies, polygamy is a social and economic necessity. In some very poor areas, the infant mortality is very high. Children on the other hand, are a source of additional labour for the earning capacity of the family. 

To have more children under such situations would require the practice of polygamy. It is for this very reason Christian missionaries in some African regions justified their permission to local people to practice polygamy without being excommunicated from the church. One researcher has even found, through his studies that women in such societies not only accept polygamy, but some of them even prefer this.(7)

2.Aside from cases where women outnumber men , devastating wars, in the past and at present, have taken their toll mainly among men the result is not simply more women who cannot find husbands but even more widows who may aspire to a respectable family life in such a situation, polygamy is bad, the limitation on polygamy is even far worse.
 
Both unmarried women and widows are human beings unless their instinctive needs are legitimately satisfied, the temptations is great for corruption and immorality. But aside from the moral question these women are also exploited. They are used as tools for men’s pleasures, yet have no guarantees, no rights or security, financial or emotional. Should they become pregnant, it is their burden alone. But even if such women are ready to pay the price of this personally, society also suffers seriously from such situations. The increasing number of illegitimate children born today under conditions such as these provides a potential base for tomorrow’s maladjusted and even criminals. Furthermore it is inhuman, humiliating for those children to grow up without knowing who their fathers were and without enjoying a clean and normal family life.

One question remains: 
Why not polyandry (plurality of husbands for the same woman)? 
It is evident that the nature of women is physiologically and psychologically different from that of men. Psychologically speaking, the woman is monogamous by her very nature. 

Furthermore, in all cultures, new and old, the headship of the family had two or more heads. 

Furthermore, if the woman is married to more than one husband, which would be the father of her children? 
 
Is polygamy immoral per se?
To shorten the discussion, let us begin with the assumption that religions are acceptable sources of "morals." Let us also select two religions (Judaism and Christianity) which are the closest to Islam, in order to see where they stand on that issue. 

(a) In Judaism:
It is notable that most of the Old Testament Prophets were polygamous. According to the Old Testament, Ibrahim "the friend of God" had more than one wife, David had one hundred wives, and Solomon is even said to have had 700 wives and 300 concubines.
      
If polygamy is immoral per se, then these and other leading figures in the Biblical traditions are immoral. In this case, there would be no sanctity attached to the Bible, its Prophets, or its teachings, Yet no sincere Jew, Christian, or Muslim would regard God's chosen Messengers as immoral persons!

The Dictionary of the Bible stales:
Polygamy meets us as a fact: e.g. Ibrahim, Jacob, the Judges, David, Solomon... In Deuteronomy 17:17, the king is warned not to multiply wives; later regulations fixed the number at eighteen for a king and four for an ordinary man. (1)
        
The philosophy behind the legalization of polygamy is explained in the encyclopedia Biblica:
"The man who owns his wife as a chattel can on the same principle own as many as he pleases that is to say, as many as he can afford to buy and keep.. The Talmudists formulate the rule that no Jew may have more than four wives, kings may have at most eighteen". (2)
     
lt was only at the beginning of the eleventh century! (about four centuries after the advent of Islam) that polygamy was expressly prohibited in Judaism.

According to Westermarck:
"Among European Jews polygyny was still practiced during the Middle ages, and among Jews living in Muhammadan countries it occurs even to this day. An express prohibition of it was not pronounced until the convening of the Rabbincal Synod at worms in the beginning of the eleventh century. This prohibition was originally made for the Jews living in Germany And Northern France, but it was successively adopted in all European countries. 

Nevertheless, The Jewish Marriage Code retained many Provisions which originated at a time when polygyny was still legally in existence."(3)
     
(b) In Christianity As the Old Testament is a vital part of the Christian faith, it cannot be disregarded in this discussion. It was concerning the Old Testament laws and the Old Testament Prophets that Jesus (Peace be upon him) said plainly that he came not to destroy the Law or the Prophets but rather to fulfill. In addition, there is no passage in the New Testament that clearly prohibits polygamy. This was the understanding of the early Church Fathers and for several centuries in the Christianera.
     
Westermarck, the noted authority on the history of human marriage states:
"Considering that monogamy prevailed as the only legitimate form of marriage in Greece and Rome, it cannot be said that Christianity introduced obligatory monogamy in the Western World. Indeed, although the New Testament assumes monogamy as the normal or ideal form of marriage, it does not expressly prohibit polygyny except in the case of a bishop and a deacon. It has been argued that it was not necessary for the first Christian teachers to condemn polygyny because monogamy was the universal role among peoples in whose midst it was preached; but this is certainly not true of the Jews, who still both permitted and practiced polygyny at the beginning of the Christian era."
     
Some of the Fathers accused the Jewish Rabhis of sensuality, but no Council of the Church in the earliest centuries opposed polygyny, and no obstacle was put in the way of its practice by kings in countries where it had occurred in the times of paganism. In the middle of the sixth century Diarmait, King of Ireland, had two queens and two concubines. 

Polygyny was frequently practiced by the Merovingian Kings. Charles the Great had two wives and many concubines; and one of his laws seems to imply that polygyny was not unknown even among priests. In later times Philip of Hesse and Frederick Villaim II of Prussia contracted bigamous marriages with the saijction of the Lutheran clergy. Luther himself approved of the bigamy of the former, and so did Melanchthon. On various occasions Luther speaks of polygyny with considerable toleration. It had not been forbidden by God; even Ibrahim, who was a "perfect Christian," had two wives.

It is true that God had allowed such marriage to certain men of the Old Testament only in particular circumstances, and if a Christian wanted to follow their example he had to show that the circumstances were similar in his case; but polygamy was undoubtedly preferable to divorce. In 1650, soon after the Peace of Westphalia, when the population had been greatly reduced by the Thirty Years' War, the Frankish Kreistag at Nuremberg passed the resolution that thenceforth every man should be allowed to marry two women. Certain sects of Christians have even advocated polygyny with much fervor. In 1531 the Anabaptists openly preached at Munster that he who wants to be a true Christian must have several wives.
And the Mormons, as all the world knows, regard polygyny as a divine institution.(4) 


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مُساهمةموضوع: رد: Woman Under The Shade Of Islam   27/10/16, 11:58 am

What is the legal status of polygamy in Islam? 
The verse which allows polygamy "was revealed after the battle of Uhud in which many Muslims were killed, leaving widows and orphans for whom due care was incumbent upon the Muslim survivors."(5)
 
The translation of the verse is as follows:
"If you fear that you shall not he able to deal justly with the orphans, marry women of your choice, two, or three, or four: but if you fear that you shall not be able to deal justly (with them), then (marry) only one...." (Qur'an 4:3)
      
From this verse a number of facts are evident:
(1) That polygamy is neither mandatory, nor encouraged but merely permitted.

(2) that the permission to practice polygamy is not associated with mere satisfaction of passion. It is rather associated with compassion toward widows and orphans, a matter that is confirmed by the atmosphere in which the verse was revealed.
 
(3) that even in such a situation, the permission is far more restricted than the normal practice which existed among the Arabs and other peoples at that time whereby they married as many as ten or more wives.
    
(4) That dealing justly with one's wives is an obligation. This applies to housing, food, clothing, kind treatment ..etc., for which the husband is fully responsible. If one is not sure of being able to deal justly with them.

the Qur'an says:
"then (marry) only one. (Qur'an 4:3)

This verse, when combined with another verse in the same chapter shows some discouragement of such plural marriages the other verse plainly states:
 
"you are never able to be fair and just as between even if it is your ardent desire…" (Qur'an 4:129)
     
The requirement of justice rules out the fantasy that man can “own as many as he pleases (6) it also rules out the concept of “secondary wife” for all wives have exactly the same status and are entitled to identical rights and claims over their husband. It also provide enough support for any of his wives, she can go to the court and for a divorce.
     
(5) the verse says “marry” not “kidnap, buy, or seduce”. What is “marriage” as understood in Islam? Marriage in Islam is a civil contract which is not valid unless both contracting parties consent to it. Thus no wife can be forced or “given” to husband who is already married.
     
It is thus a free choice of both parties. As to the first wife:
(a) She may be barren or ill and see in polygamy a better solution than divorce.
     
(b) She may divorce herself if her husband is married to a second wife provided that he gives her this right.
    
(c) She can go to court and ask for a divorce if there is evidence of mistreatment or injustice inflicted upon her.
   
But if polygamy is discouraged and loaded with such constraints, would it not have been better if the Qur’an simply forbade it? To answer this question, we may have to raise another one;
 
Can polygamy be a better solution in some cases? 
Scholars in the past and at present, Muslims and non-Muslims, have consistently pointed out such cases. The following are a few examples which are tied in with the general approach of islam to individual and social problems.

(a) Individual Cases:
1. A man who discovers that his wife is barren, and who at the same time instinctively aspires to have children and heirs.

In a situation as this, the man would either have to:
- Suffer the deprivation of fatherhood for life.
- Divorce his barren wife and get married to another woman who is not barren.
    
In many cases, neither solution can be considered as the best alternative. Polygamy would have the advantage of preserving the marital relationship without depriving the man of fathering children of his own.
   
2. A man whose wife becomes chronically ill would have one of several possible alternatives:
- He may suppress his instinctive sexual needs for the rest of his life.

- He may divorce his sick wife at the time when she needs his compassion most, and get married to another woman, thus legally satisfying his instinctive needs.

- Or he could compromise by keeping his sick wife, and secretly take for himself one or more illicit sex partners
    
Let us discuss these alternatives from the point of view of the Islamic teachings. The first solution is against human nature. Islam recognizes sex and sexual needs and provides for legitimate means for their satisfaction. The second solution is clearly less compassionate, especially where there is love between the two parties.

Furthermore divorce is described by Prophet Muhammad (Peace be upon him) as the "permitted thing which is hated most by God." The last solution is plainly against the Islamic teachings which forbid illicit sexual relations in any form.
    
To sum up, Islam being against immorality, hypocritical pretense of morality, and against divorce unless no better solution is available, provides for a better alternative which is consistent with human nature and with the preservation of pure and legitimate sexual relationships. In a situation like this, it is doubtful that any solution would be better than polygamy, which is, after all, an optional solution.

(b) Social cases:
1. Anthropologists tell us that among various tribes and societies, polygamy is a social and economic necessity. In some very poor areas, the infant mortality is very high. Children on the other hand, are a source of additional labour for the earning capacity of the family. 

To have more children under such situations would require the practice of polygamy. It is for this very reason Christian missionaries in some African regions justified their permission to local people to practice polygamy without being excommunicated from the church. One researcher has even found, through his studies that women in such societies not only accept polygamy, but some of them even prefer this.(7)

2. Aside from cases where women outnumber men , devastating wars, in the past and at present, have taken their toll mainly among men the result is not simply more women who cannot find husbands but even more widows who may aspire to a respectable family life in such a situation, polygamy is bad, the limitation on polygamy is even far worse.
 
Both unmarried women and widows are human beings unless their instinctive needs are legitimately satisfied, the temptations is great for corruption and immorality. But aside from the moral question these women are also exploited. They are used as tools for men’s pleasures, yet have no guarantees, no rights or security, financial or emotional. Should they become pregnant, it is their burden alone.

But even if such women are ready to pay the price of this personally, society also suffers seriously from such situations. The increasing number of illegitimate children born today under conditions such as these provides a potential base for tomorrow’s maladjusted and even criminals. Furthermore it is inhuman, humiliating for those children to grow up without knowing who their fathers were and without enjoying a clean and normal family life.

One question remains: 
Why not polyandry (plurality of husbands for the same woman)?
 
It is evident that the nature of women is physiologically and psychologically different from that of men. Psychologically speaking, the woman is monogamous by her very nature. 

Furthermore, in all cultures, new and old, the headship of the family had two or more heads. 

Furthermore, if the woman is married to more than one husband, which would be the father of her children?


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مُساهمةموضوع: رد: Woman Under The Shade Of Islam   27/10/16, 12:14 pm

Is polygamy immoral per se?
To shorten the discussion, let us begin with the assumption that religions are acceptable sources of "morals." Let us also select two religions (Judaism and Christianity) which are the closest to Islam, in order to see where they stand on that issue.
    
(a) In Judaism:
It is notable that most of the Old Testament Prophets were polygamous. According to the Old Testament, Ibrahim "the friend of God" had more than one wife, David had one hundred wives, and Solomon is even said to have had 700 wives and 300 concubines.
      
If polygamy is immoral per se, then these and other leading figures in the Biblical traditions are immoral. In this case, there would be no sanctity attached to the Bible, its Prophets, or its teachings, Yet no sincere Jew, Christian, or Muslim would regard God's chosen Messengers as immoral persons!

The Dictionary of the Bible stales:
     Polygamy meets us as a fact: e.g. Ibrahim, Jacob, the Judges, David, Solomon...In Deuteronomy 17:17, the king is warned not to multiply wives; later regulations fixed the number at eighteen for a king and four for an ordinary man. (1)
        
The philosophy behind the legalization of polygamy is explained in the encyclopedia Biblica:
"The man who owns his wife as a chattel can on the same principle own as many as he pleases that is to say, as many as he can afford to buy and keep..

The Talmudists formulate the rule that no Jew may have more than four wives, kings may have at most eighteen". (2)
     
lt was only at the beginning of the eleventh century! (about four centuries after the advent of Islam) that polygamy was expressly prohibited in Judaism. 

According to Westermarck:
"Among European Jews polygyny was still practiced during the Middle ages, and among Jews living in Muhammadan countries it occurs even to this day.

An express prohibition of it was not pronounced until the convening of the Rabbincal Synod at worms in the beginning of the eleventh century. This prohibition was originally made for the Jews living in Germany And Northern France, but it was successively adopted in all European countries. Nevertheless, The Jewish Marriage Code retained many Provisions which originated at a time when polygyny was still legally in existence."(3)
     
(b) In Christianity As the Old Testament is a vital part of the Christian faith, it cannot be disregarded in this discussion. It was concerning the Old Testament laws and the Old Testament Prophets that Jesus (Peace be upon him) said plainly that he came not to destroy the Law or the Prophets but rather to fulfill.

In addition, there is no passage in the New Testament that clearly prohibits polygamy. This was the understanding of the early Church Fathers and for several centuries in the Christianera.
     
Westermarck, the noted authority on the history of human marriage states:
"Considering that monogamy prevailed as the only legitimate form of marriage in Greece and Rome, it cannot be said that Christianity introduced obligatory monogamy in the Western World.

Indeed, although the New Testament assumes monogamy as the normal or ideal form of marriage, it does not expressly prohibit polygyny except in the case of a bishop and a deacon. It has been argued that it was not necessary for the first Christian teachers to condemn polygyny because monogamy was the universal role among peoples in whose midst it was preached; but this is certainly not true of the Jews, who still both permitted and practiced polygyny at the beginning of the Christian era."
     
Some of the Fathers accused the Jewish Rabhis of sensuality, but no Council of the Church in the earliest centuries opposed polygyny, and no obstacle was put in the way of its practice by kings in countries where it had occurred in the times of paganism. In the middle of the sixth century Diarmait, King of Ireland, had two queens and two concubines. Polygyny was frequently practiced by the Merovingian Kings. Charles the Great had two wives and many concubines; and one of his laws seems to imply that polygyny was not unknown even among priests. In later times Philip of Hesse and Frederick Villaim II of Prussia contracted bigamous marriages with the saijction of the Lutheran clergy. Luther himself approved of the bigamy of the former, and so did Melanchthon.

On various occasions Luther speaks of polygyny with considerable toleration. It had not been forbidden by God; even Ibrahim, who was a "perfect Christian," had two wives. It is true that God had allowed such marriage to certain men of the Old Testament only in particular circumstances, and if a Christian wanted to follow their example he had to show that the circumstances were similar in his case; but polygamy was undoubtedly preferable to divorce.

In 1650, soon after the Peace of Westphalia, when the population had been greatly reduced by the Thirty Years' War, the Frankish Kreistag at Nuremberg passed the resolution that thenceforth every man should be allowed to marry two women.

Certain sects of Christians have even advocated polygyny with much fervor. In 1531 the Anabaptists openly preached at Munster that he who wants to be a true Christian must have several wives. And the Mormons, as all the world knows, regard polygyny as a divine institution.(4) 
 
What is the legal status of polygamy in Islam? 
The verse which allows polygamy "was revealed after the battle of Uhud in which many Muslims were killed, leaving widows and orphans for whom due care was incumbent upon the Muslim survivors."(5)
 
The translation of the verse is as follows:
"If you fear that you shall not he able to deal justly with the orphans, marry women of your choice, two, or three, or four: but if you fear that you shall not be able to deal justly (with them), then (marry) only one...." (Qur'an 4:3)
      
From this verse a number of facts are evident:
(1) That polygamy is neither mandatory, nor encouraged but merely permitted.
    
(2) that the permission to practice polygamy is not associated with mere satisfaction of passion. It is rather associated with compassion toward widows and orphans, a matter that is confirmed by the atmosphere in which the verse was revealed.
 
(3) that even in such a situation, the permission is far more restricted than the normal practice which existed among the Arabs and other peoples at that time whereby they married as many as ten or more wives.

(4) That dealing justly with one's wives is an obligation. This applies to housing, food, clothing, kind treatment ..etc., for which the husband is fully responsible. If one is not sure of being able to deal justly with them.

the Qur'an says:
"then (marry) only one. (Qur'an 4:3) 

This verse, when combined with another verse in the same chapter shows some discouragement of such plural marriages the other verse plainly states:
"you are never able to be fair and just as between even if it is your ardent desire…" (Qur'an 4:129)

The requirement of justice rules out the fantasy that man can “own as many as he pleases (6) it also rules out the concept of “secondary wife” for all wives have exactly the same status and are entitled to identical rights and claims over their husband. It also provide enough support for any of his wives, she can go to the court and for a divorce.

(5) the verse says “marry” not “kidnap, buy, or seduce”. What is “marriage” as understood in Islam? Marriage in Islam is a civil contract which is not valid unless both contracting parties consent to it. Thus no wife can be forced or “given” to husband who is already married.


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مُساهمةموضوع: رد: Woman Under The Shade Of Islam   27/10/16, 12:21 pm

It is thus a free choice of both parties. As to the first wife:
(a) She may be barren or ill and see in polygamy a better solution than divorce.
     
(b) She may divorce herself if her husband is married to a second wife provided that he gives her this right.
    
(c) She can go to court and ask for a divorce if there is evidence of mistreatment or injustice inflicted upon her.
   
But if polygamy is discouraged and loaded with such constraints, would it not have been better if the Qur’an simply forbade it? To answer this question, we may have to raise another one;
 
Can polygamy be a better solution in some cases?
Scholars in the past and at present, Muslims and non-Muslims, have consistently pointed out such cases. The following are a few examples which are tied in with the general approach of islam to individual and social problems.
   
(a) Individual Cases:
1. A man who discovers that his wife is barren, and who at the same time instinctively aspires to have children and heirs .

In a situation as this, the man would either have to:
- Suffer the deprivation of fatherhood for life.
- Divorce his barren wife and get married to another woman who is not barren.
    
In many cases, neither solution can be considered as the best alternative. 

Polygamy would have the advantage of preserving the marital relationship without depriving the man of fathering children of his own.
   
2. A man whose wife becomes chronically ill would have one of several possible alternatives:
- He may suppress his instinctive sexual needs for the rest of his life.

- He may divorce his sick wife at the time when she needs his compassion most, and get married to another woman, thus legally satisfying his instinctive needs.

- Or he could compromise by keeping his sick wife, and secretly take for himself one or more illicit sex partners
    
Let us discuss these alternatives from the point of view of the Islamic teachings. The first solution is against human nature. 

Islam recognizes sex and sexual needs and provides for legitimate means for their satisfaction. The second solution is clearly less compassionate, especially where there is love between the two parties. Furthermore divorce is described by Prophet Muhammad (Peace be upon him) as the "permitted thing which is hated most by God." The last solution is plainly against the Islamic teachings which forbid illicit sexual relations in any form.
    
To sum up, Islam being against immorality, hypocritical pretense of morality, and against divorce unless no better solution is available, provides for a better alternative which is consistent with human nature and with the preservation of pure and legitimate sexual relationships. In a situation like this, it is doubtful that any solution would be better than polygamy, which is, after all, an optional solution.

(b) Social cases:
1. Anthropologists tell us that among various tribes and societies, polygamy is a social and economic necessity. In some very poor areas, the infant mortality is very high. Children on the other hand, are a source of additional labour for the earning capacity of the family. To have more children under such situations would require the practice of polygamy.

It is for this very reason Christian missionaries in some African regions justified their permission to local people to practice polygamy without being excommunicated from the church.

One researcher has even found, through his studies that women in such
societies not only accept polygamy, but some of them even prefer this.(7)
   
2. Aside from cases where women outnumber men , devastating wars, in the past and at present, have taken their toll mainly among men the result is not simply more women who cannot find husbands but even more widows who may aspire to a respectable family life in such a situation, polygamy is bad, the limitation on polygamy is even far worse.

    Both unmarried women and widows are human beings unless their instinctive needs are legitimately satisfied, the temptations is great for corruption and immorality. But aside from the moral question these women are also exploited. 

They are used as tools for men’s pleasures, yet have no guarantees, no rights or security, financial or emotional. 

Should they become pregnant, it is their burden alone. But even if such women are ready to pay the price of this personally, society also suffers seriously from such situations.
The increasing number of illegitimate children born today under conditions such as these provides a potential base for tomorrow’s maladjusted and even criminals.
Furthermore it is inhuman, humiliating for those children to grow up without knowing who their fathers were and without enjoying a clean and normal family life.

One question remains: 
Why not polyandry (plurality of husbands for the same woman)?
It is evident that the nature of women is physiologically and psychologically different from that of men. 

Psychologically speaking, the woman is monogamous by her very nature.
Furthermore, in all cultures, new and old, the headship of the family had two or more heads. Furthermore, if the woman is married to more than one husband, which would be the father of her children?


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مُساهمةموضوع: رد: Woman Under The Shade Of Islam   27/10/16, 12:28 pm

CONCLUSION
It is now evident that the association of “polygamy” with Islam is not only unfair or biased but based on serious misunderstanding. Polygamy was practiced, often without limitations, in almost all cultures.

It was sanctioned by various religions, and practiced both before Islam and for many centuries thereafter. It is presently practiced, though secretly, buy the Mormons, (1) and it is allowed by Christian missionaries in Africa and other areas where polygamy is a social necessity.
   
It is both honest and accurate to say that it is Islam which regulated this practice, limited it, made it more humane, and instituted equal rights and status for all wives. What the Qur’anic decrees amount to. Taken together, is a discouragement of polygamy unless necessity for it exists.
    
It is also evident that the general rule in Islam is monogamy and not polygamy. 

How ever permission to practice limited polygamy is only consistant with Islam’s realistic view of the nature of man and woman and of the various social needs, problems, and cultural variations.
     
The question is, however, far more than the inherent flexibility of Islam; it is the frank and straightforward approach of Islam in dealing with practical problems. 

Rather than requiring hypocritical and superficial compliance, Islam delves deeper into the problems of individuals and societies, and provides for legitimate and clean solutions which are far more beneficial than would be the case if they were ignored.

There is no doubt that the second wife legally married and treated kindly is better off than a mistress without any legal rights or security.

There is no doubt also that the legitimate child of a polygamous father, born in the "full light of day," and who enjoys all the rights and privileges of a son or daughter, is far better off than the wanted or unwanted illegitimate child.
    
It is fair also to say that polygamy may be harmful in many respects. Islam, however, does not regard polygamy as a substitute for monogamy.

Realizing its disadvantages Islam allows it under strict conditions and when no better alternative is available. This is actually consistent with a general rule in Islamic Law, "The Lesser of two evils." 

This means that if a harm is certain, and if there is no way to avert such harm unless some other harm is done, then it is better to cause the lesser harm in order to avoid the greater. It is like a captain who gets rid of the ship's freight in order to save the lives of the sailors.

This vitality, flexibility, and far-sightedness of the teachings of Islam cannot possibly be attributed to any man or group of men, including Prophet Muhammad (Peace be upon him) himself. 

Its secret lies simply in its Divine Source, God Most High, who knows in entirety what human needs and problems are.

Man can reject the guidance of God, become his own god, and establish his own standards of morality. Ultimately, however, he may discover the mirage that alluded him. A few honest questions finally: What is the situation in countries which banned polygamy? Do they really enjoy sincere and faithful "monogamy"? 

What is the degree of cohesion of the family? are there any significant number of mistress, "sweethearts", and illegitimate children? How observant are married men and women of the strict "monogamous" relationship? Are infidelity and secret extramarital sexual relationships more than the legitimate, legally-protected husband-wife relationships, even polygamy if there is a pressing need for it? Which of the two situations is best?
     
After all, Islam, by its very nature, is a universal religion which is revealed by God to guide people in all places and at all times.
   
This guidance can hardly be secured by avoiding issues and problems which are real, even as they are relevant to human life on earth with its diversity. Hypocrisy, apology, or burying one's head in the sand are hardly realistic means of achieving righteous human life.

They are not effective in achieving moral upliftment either!


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مُساهمةموضوع: رد: Woman Under The Shade Of Islam   27/10/16, 12:43 pm

CHAPTER 3
INTRODUCTION
The subject of Muslim woman's dress may sound trivial for some people. The Shari'ah, however, assigns it moral, social, and legal dimensions.
       
One basic requirement to be a true believer according to the Qur'an is to make one's opinions, feelings, and inclinations subservient to whatever Allah and His Messenger have decided:
 
"It is not befitting for a believer, man or woman, when a matter has been decided by Allah and His Apostle to have any option about their decision: if any one disobeys Allah and His Apostle, he is indeed on a clearly wrong path." (Quran: 33: 36)
 
Placing, therefore, one's personal opinions, feelings, or inclinations above or at the same level as the commandments of Allah is the ultimate of human pride and vanity. This means, in effect, that a mortal is responding to Allah's guidance saying: "O my creator'.'
Your Law is Your Own opinion. I have my own opinion, and I know best What is good for me." This attitude is befitting for unbelievers and hypocrites, but not for a believer no matter how imperfect (all are!) one may be in implementing Islam in one's life.(1)
 
The exposition of truth in an honest and straight forward way may thus cause some unease even to good and sincere Muslims. it may seem safer and diplomatic to avoid the issue altogether, or to present it in a diluted and vague way.

It is even safer and more diplomatic to explicitly or implicitly condone each other's infractions, to help each other find excuses and to rationalize our disobedience to Allah subhanahu wata'ala. This attitude is neither new nor is it without consequences. As the Qur'an presents it;
  
"Curses were pronounced on those among the Children of Israel who rejected faith , by the Tongue of Dawood (David) and of Esa (Jesus) the Son of Mary; because they disobeyed and persisted in excesses. Nor did they (usually) forbid one another the iniquities which they committed; evil indeed were the deeds which they did". (Qur'an 5: 78-79)

REQUIREMENTS IN DRESS
THE FIRST REQUIREMENT:
Extent of Covering
The dress must cover the whole body except for the areas specifically exempted.

The Qur’an states:
"Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them. And Allah is well acquainted with all that they do.

And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers, their husbands' fathers, their sons, their husbands' sons, their brothers or their brothers' sons, or their sisters' sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments. And O you believers! Turn all toward Allah that you may attain bliss." (Qur'an: 24:30-31)

These 'ayahs contain, among other things, two main injunctions:
1. A Muslim woman should not display her beauty and adornment (zeenah) except for "that which must ordinarily appear of it" (1) (ma dhahara minha), or "that which is apparent." (2)

The word zeenah (3) lends itself to two related meanings:
a) natural or bodily beauty, (4)
b) acquired adornment such as rings, bracelets, and clothes.

The part of zeenah, exempted from the above injunction, was interpreted ill two ways:
a) The face and the hands. This is the interpretation of the majority of the jurist , past and present. (5) This interpretation is confirmed by Ijma' (consensus) that a Muslim woman is not allowed to cover her face and hands during pilgrimage, while she is allowed to uncover them (the face and hands) during prayers, the rest of her body is regarded as awrah (that which should be covered). (6)

This interpretation is based on the authority of Prophet Muhammad (Peace blessing be upon him), especially the Hadith in which he says:
"….If the woman reaches the age of puberty, no (part of her body) should be seen but this - and he pointed to his face and hand."

b) whatever appears of the woman's body owing to uncontrollable factors such as the blowing of the wind, or out of necessity such as the bracelets or even the outer clothes themselves.(7)

2. The headcovers (khumur) should be drawn over the neck slits (juyoob). 

Khumur is the plural of the Arabic word "khimar" which means a headcover.(8) Juyoob is the plural of the Arabic word `jaiyb" (a derivative of jawb or cutting) refers to the neck slit (of the dress).

This means that the headcover should be drawn so as to cover not only the hair, but it should also be drawn over the neck and to be extended so as to cover the bosom.
 
THE SECOND REQUIREMENT:
Looseness
The dress must be loose enough so as not to describe the shape of a woman's body. 

This is consistent with the intent of the 'ayahs cited above (24:30-31) and is surely a crucial aspect of hiding Zeenah. Even moderately-tight clothes which cover the whole body but describe the shape of such attractive parts of the woman's body as the bustline, the waist, the buttocks, the back and the thighs: If these are not part of the natural beauty or zeenah what else is?

Prophet Muhammad (Peace be upon him) once received a thick garment as a gift. He gave it to osamah b. Zayd, who in turn gave it to his wife. when asked by Prophet why he did not wear it, Osamah indicated that he gave it to his wife. The Prophet then said to Osamah: "ask her to use a gholalah under it (the garment) for i fear that it (the garment) may describe the size of her bones."(9)  The word gholalah in Arabic means a thick fabric worn under the dress to prevent it from describing the shape of the body.
    
A highly desirable way of concealing the shape of the body is to wear a cloak over the garment. The Prophet (Peace be upon him), however, indicated that if the woman's dress meets the Islamic standards it suffices (without a cloak) even for the validity of prayers,(10)
 
THE THIRD REQUIREMENT:
Thickness
The dress should be thick enough so as not to show the color of the skin it covers, or the shape of the body which it is supposed to hide.
     
The purpose of `ayah (24:31) is to hide the Muslim women's body except "ma dhahara minha" (the face and hands).
It is obvious that this purpose cannot be served if the dress is thin enough so as to reveal the color of the skin or the shape or beauty of the body.

This is eloquently explained by Prophet Muhammad (Peace be upon him): "in later (generations) of my Ummah there will be women who will be dressed but naked. On top of their heads (what looks) like camel humps.
Curse them for they are truly cursed." In another version he added that they "will not enter into paradise or (even) get a smell of it." (11)
     
At one occasion Asma' (daughter of Abu-Bakr) was visiting her sister `A'ishah, wife of the Prophet. When the Prophet (Peace be upon him) noticed that `Asma's dress was riot thick enough he turned his face away in anger and said, "if the woman reaches the age of puberty,  no part of her body should be seen, but this, and he pointed to his face and his hands." (12)
 
THE FOURTH REQUIREMENT:
Overall Appearance
The dress should not be such that it attracts men's attention to the woman's beauty. The Qur'an clearly prescribes the requirements of the woman's dress for the purpose of concealing Zeena (adornment). 

How could such Zeenah be concealed if the dress is designed in a way that it attracts men's eyes to the woman?
      
This is why the Qur'an addressing the Prophet's wives as the examples for Muslim women says:
"Bedizen not yourselves with the bedizenment of the Time of Ignorance (13)

Additional Requirements(14)
 
In addition to the above four main and clearly spelled out requirements, there are other requirements whose specific applications may vary with time and location.


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مُساهمةموضوع: رد: Woman Under The Shade Of Islam   27/10/16, 12:54 pm

These include:
1. The dress should not be similar to what is known as a male costume. Ibn `Abbas narrated that "The Prophet (Peace be upon him) cursed the men who act like women and the women who act like men."(15)

2. it should not be similar to what is known as the costume of unbelievers.

This requirement is derived from the general rule of Shari’ah that Muslims should have their distinct personality and should differentiate their practices and appearance from unbelievers.(16)
    
3. It should not be a dress of fame, pride and vanity. Such fame may be sought by wearing an excessively fancy dress as a status symbol or an excessively ragged dress to gain others' admiration of one's selflessness. Both motives are improper by Islamic standards.

The Prophet (Peace be upon him), says:      
"Whoever wears a dress of fame in this world, Allah will clothe him with a dress of humiliation in the Day of Resurrection, then set it afire". (17)

REQUIREMENTS OF MUSLIM MEN’S CLOTHING
It should be noted that the basic requirements of the Muslim woman's dress apply as well to the Muslim man's clothing with the difference being mainly in degree.

This can best be understood by looking into what Islam defines as `awarh which refers to the part of the body that should be covered at all times unless there is an expressed exception.

The covering of `awarh is also a condition for the validity of prayers for both men and women.
    
It has been agreed among jurists on the basis of the Qur'an and Sunnah that awrah for the woman is defined as the whole body except for the face and hands. 

For the man, the awrah is defined as the area between the navel and the knees.(18)
   
 Within the definition of `awrah for men and women, all the four basic requirements discussed in this chapter are essentially the same:
1. Man should fully cover his `awrah.
 
2. Men's clothes should be loose enough so as not to describe what he is covering (his awrah).

3. They should be thick enough so as not to describe the color of the skin or the parts required to be covered.

4. They should not be designed in a way to attract attention. The basic rule of modesty and avoiding "show off" applies to all believers men and women.

The three other additional requirements discussed under the Muslim woman's code of dress apply to men's clothes as well:
1) They should not be similar to what is known as the female dress.

2) They should not be similar to what could be identified as the dress of unbelievers.

3) They should not be clothes of fame, pride, and vanity.

In addition to the above limitations on the Muslim man's clothes, men are not allowed to wear silk and gold. This does not apply to women.

REFERENCES
1. The Holy Qur'an:
Translation of verses is heavily based on A.Yusuf Ali's translation, The Glorious Qur'an, Text, translation, and Commentary, The American Trust Publication, Plainfield, iN 46168, 1979.

2. Abd Al-' Ati, Hammudah, Islam in Focus, American Trust Publication, Plainfield, In 46168, 1977.

3. Al-Albani, Muhammad N. Hijabbul Mar'at- il-Muslimah Fil-Kitab Wassunah, 3rd printing. Al-Maktab-ul-Islami, Beirut, Lebanon, 1389 AH. (1969).

4. Allen, E.A., History of Civilization, General Publishing House, Cincinnati, Ohio, 1889, Vol.3.

5. Al-Qaradawi, Yusuf, Al-Halal walharam Fil-Islam, Maktabat Wahbah, Cairo, 1396 AH. (1976).

6. Al Siba'i, Mustafa, Al-Mar'ah Baynal Fiqh Walqanoon (in Arabic), 2nd. ed., Al-Maktabah Al-Arabiah, Halab, Syria, 1966.

7. Dictionary of the Bible, (James Hasting, Editor), Revised Edition, Charles Scribner’s Sons, N.Y., 1963.

8. EI-Khouli, AI-Bahiy, "Min Usus Kadiat Al-Mara'ah" (in Arabic), Al-waay Al-Islami, Ministry of Wakf, Kuwait, Vol.3 (No. 27), June 9, 1967, p.17.

9. Encyclopedia Americana (International Edition), American Corp., N.Y., 1969, Vol.29.

10. Encyclopedia Biblica (Rev.T.K.Cheynene and J.S.Black, Editors), The Macmillan Co., London, England, 1902, vol.3.

11. The Encyclpedia Britannica, (11th ed.) University Press Cambridge, England 1911, Vol.28.

12. Encyclopedia Britannica, inc., Chicago, 111., 1968, Vol. 23.

13. Hadith. Most of the quoted hadiths were translated by the writer. They are quoted in various arabic sources some of them however, were translated directly from the original sources. Among the sources checked are Musnad Ahmed Ibn Hanbal, Dar Al-Ma’aref, cairo, U.A.R.,1950, and 1955 vol. 4and 3 Sunan Ibn Maajah Dar Ihya'a Al-Kutub Al-Arabiah,Cairo ,U.A.R., 1952, Vol. 1, Sunan al-tirimudhi, Vol.3.

14. Mace, David and Vera, Marriage: East and West, Dolphin Books, Doubleday and Co., Inc., N.Y.,1960.

15. Sabiq, Sayyid, Fiqh-us-Sunnah, 2nd printing, Darul-Kitab-il-Arabi, Beirut, Lebanon, 1392 A.H (1973).

16. Westermarck, Edward a., The History of Human Marriage, (5th edition rewritten), Macmillan and Co., limited., London, 1925. (volume 111)
   
"For Muslim men and women, For believing men and women, For devout men and women, For true men and women, For men and women, who are patient and constant, For men and women, who bumble themselves, For men and women, who give in charity, For men and women, who fast (and deny themselves), For men and women, who guard their chastity, and For men and women, who engage much in God's praise, For them has God prepared forgiveness and great reward." (Qur'an 33:35
).


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Woman Under The Shade Of Islam
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