III.
The Economic Aspect
1.
The Islamic Shariiah recognizes the full property rights of women before
and after marriage. A married woman may keep her maiden name.
2.
Greater financial security is assured for women. They are entitled to
receive marital gifts, to keep present and future properties and income
for their own security. No married woman is required to spend a penny from her
property and income on the household. She is entitled to full financial support
during marriage and during the waiting period ('iddah) in
case of divorce. She is also entitled to child support. Generally, a
Muslim woman is guaranteed support in all stages of her life, as a
daughter, wife, mother, or sister. These additional advantages of women over
men are somewhat balanced by the provisions of the inheritance which allow the male,
in most cases, to inherit twice as much as the female. This means
that the male inherits more but is responsible financially for other
females: daughters, wives, mother, and sister, while the female (i.e., a wife)
inherits less but can keep it all for investment and financial security without
any legal obligation so spend any part of it even for her own sustenance (food,
clothing, housing, medication, etc.).
IV. The Social
Aspect
First:
As a Daughter
1.
The Qur'an effectively ended the
cruel pre-Islamic practice
of female infanticide
(wa'd):
When
the female (infant) buried alive is
questioned for what
crime she was
killed.
(Qur'an
81-8-9)
2. The Qur'an went further to rebuke the unwelcoming attitudes
among some parents upon hearing the news of the birth of a baby girl, instead
of a baby boy:
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! (Qur'an 16:58-59)
3.
Parents are duty bound to support and show kindness and justice to their
daughters. Prophet Muhammad said:
"Whosoever has a daughter and he
does not bury her alive, does not insult her, and does not favor his son over
her, Allah will enter him into Paradise." [Ahmad]
"Whosoever
supports two daughters til they mature, he and I will come in the day of
judgment as this (and he pointed with his two fingers held together)."
[Ahmad]
4.
Education is not only a right but also a responsibility of all males and
females. Prophet Muhammad said:
"Seeking
knowledge is mandatory for every Muslim ("Muslim" is used here in the
generic meaning which includes both males and females).
Second: As a
Wife
1.
Marriage in Islam is based on mutual peace, love, and
compassion, not just the satisfaction of man's needs:
And
among His Signs is that He created for you mates from among yourselves that you
may well in tranquillity with them and He has put live and mercy between your
(hearts); verily in that are signs for those who reflect. (Qur'an
30:21)
(He is) the
Creator of the heavens and the earth: He has made for you pairs from among
yourselves and pairs among cattle: by this means does He multiply you: there is
nothing whatever like unto Him and He is the One that hears and sees (all
things). (Qur'an 42:11)
2.
The female has the right to accept or reject marriage proposals. Her
consent is prerequisite to the validity of the marital contract according to
the Prophet's teaching. It follows that if by "arranged marriage" is
meant marrying the girl without her consent, then such a marriage is nullifiable
is she so wished.
"Ibn
Abbas reported that a girl came to the Messenger of God, Muhammad, 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)." (Ahmad, Hadeeth 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]
3. The husband is responsible
for the maintenance, protection, and overall headship of the
family (qiwamah) within the framework of consultation and
kindness. The mutual dependency and complementary of the roles of males and
females does not mean "subservience" by either party to the other.
Prophet Muhammad helped in household chores in spite of his busy schedule.
The mothers shall give suck to their
offspring for two whole years if the father desires to complete the term. But
he shall bear the cost of their food and clothing on equitable terms. No soul
shall have a burden laid on it greater than it can bear. No mother shall be
treated unfairly on account of her child nor father on account of his child. An
heir shall be chargeable in the same way if they both decide on weaning by
mutual consent and after due consultation there is no blame on them. If
you decide on a foster-mother for your offspring there is no blame on you
provided you pay (the mother) what you offered on equitable terms. But fear
Allah and know that Allah sees well what you do.
(Qur'an 2:233)
The Qur'an urges husbands to be kind
and considerate to heir wives even if they do not like them.
O you who believe! You are forbidden to inherit women against
their will. Nor should you treat them with harshness that you may take away
part of the marital gift you have given them except where they have been guilty
of open lewdness; on the contrary live with them on a footing of kindness and
equity. If you take a dislike to them it may be that you dislike a thing and
Allah brings about though it a great deal of good. (Qur'an 4:19)
Prophet Muhammad taught:
" I command you to be kind to
women ..."
"The best of you is the best to
his family (wife) ..."
Marital disputes
are to be handled privately between the parties whenever possible, in steps
(without excesses or cruelty). If disputes are not resolved then family
mediation can be resorted to.
Divorce is seen as the
last resort, which is permissible but not encouraged. Under no circumstances
does the Qur'an encourage, allow or condone family violence or physical abuse
and cruelty. The maximum allowed in extreme cases is a gentle tap that does not
even leave a mark on the body while saving the marriage from collapsing.
5.
Forms
of marriage dissolution include mutual agreement, the husband's
initiative, the wife's initiative (if part of her marital contract,
court decision on the wife's initiative (for a cause), and the wife's
initiative without a "cause" provided that she returns the marital
gift to her husband (khul' [divestiture]).
6.
Priority for custody
of young children (up to the age of about seven) is given to the mother. A
child later chooses between his mother and father (for custody purposes).
Custody questions are
to be settled in a manner that balances the interests of both parents and
well-being of the child
For more reference and details you can read some Islamic Books on Yaari.
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