1. One of the common myths is to
associate polygyny with Islam as if it were introduced by Islam or is the norm
according to its teachings. While no text in the Qur'an or Sunnah states that
either monogamy or polygyny is the norm, demographic data indicates that monogamy
is the norm and polygyny is the exception. In almost all countries and on the
global level the numbers of men and women are almost even, with women's numbers
slightly more than men.
As such, it is a
practical impossibility to regard polygyny as the norm since it assumes a
demographic structure of at least two thirds females, and one third males (or
80 percent females and 20 percent males if four wives per male is the norm!).
No Islamic "norm" is based on an impossible assumption.
2.
Like many
peoples and religions, however, Islam did not out-law polygyny but
regulated it and restricted it. It is neither required nor encouraged,
but simply permitted and not outlawed. Edward Westermarck gives numerous
examples of the sanctioning of polygyny among Jews, Christians, and others.
3.
The only
passage in the Qur'an (4:3) which explicitly mentioned polygyny and restricted
its practice in terms of the number of wives permitted and the requirement of
justice between them was revealed after the Battle of Uhud in which dozens of
Muslims were martyred leaving behind widows and orphans. This seems to indicate
that the intent of its continued permissibility is to deal with individual and
collective contingencies that may arise from time to time (i.e.,
imbalances between the number of males and females created by wars).
This provides a moral, practical, and humane solution to the problems of
widows and orphans who are likely to be more vulnerable in the absence of a
husband/father figure to look after their needs: financial, companions, proper
rearing, and other needs.
If you fear that you shall not be 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 only one ... (Qur'an 4:3)
4. All parties involved have options:
to reject marriage proposals as in the case of a proposed second wife or to
seek divorce or khul' (divestiture) as in the case of a present wife who
cannot accept to live with a polygynous husband.
While the Qur'an
allowed polygyny, it did not allow polyandry (multiple husbands of the
same woman). Anthropologically speaking, polyandry is quite rare. Its practice
raises thorny problems related to the lineal identity of children, and
incompatibility of polyandry with feminine nature.
Third: As a
Mother
1. Kindness to
parents (especially mothers) is next to worship of Allah:
Your
Lord has decreed that you worship none but Him and that you be kind to parents.
Whether one or both of them attain old age in you life say not to them a word
of contempt nor repel them but address them in terms of honor. (Qur'an
17:23)
And
We have enjoined on the human (to be good) to his/her parents: in travail upon
travail did his/her mother bear him/her and in years twain was his/her waning:
(hear the command) "Show gratitude to Me and to your parents: to Me is
(your final) destiny." (Qur'an 31:14)
2. Mothers are
accorded a special place of honor in Hadeeth too:
A
man came to the Prophet Muhammad asking: O Messenger of Allah, who among the
people is the most worthy of my good companionship? The Prophet said, your mother.
The man said then who is next: the Prophet said, Your mother. The man further
asked, Then who is next? Only then did the Prophet say, Your father. (al
Bukhari)
Fourth: As a
Sister in Faith (Generally)
1. According
to the Prophet Muhammad's saying:
"Women
are but sisters (or the other half) of men (shaqa'iq).
2. Prophet
Muhammad taught kindness, care, and respect of women in general:
"I
commend you to be kind to women"
Fifth:
Issue of Modesty and Social Interaction
1.
There exists, among Muslims a big gap between the ideal of the real.
Cultural practices on both extremes do exist. Some Muslims emulate non-Islamic
cultures and adopt the modes of dress, unrestricted mixing and behavior
resulting in corrupting influences of Muslims and endangering the family's
integrity and strength. On the other hand, in some Muslim cultural undue and
excessive restrictions is not seclusion are believed to be the ideal. Both
extremes seem to contradict the normative teachings of Islam and are not
consistent with the virtuous yet participative nature of the society at the
time of the Prophet Muhammad.
2.
Parameters of proper modesty for males and females (dress and behavior)
are based on revelatory sources (the Qur'an and authentic Sunnah) and as such
are seen by
believing men and
women as divinely-based guidelines with legitimate aims, and divine
wisdom behind them. They are not male-imposed or socially imposed restrictions.
3. The notion of near total seclusion
of women is alien to the prophetic period. Interpretation problems in
justifying seclusion reflect, in part, cultural influences and circumstances
in different Muslim countries.
V.
The
Legal/Political Aspect
1.
Both genders
are entitled to equality before the law and courts of law. Justice is
genderless.
Most references to
testimony (witness) in the Qur'an do not make any reference to gender. Some
references fully equate the testimony of males and female.
And for those who launch a charge
against their spouses and have (in support) no evidence but their own their
solitary evidence (can be received) if they bear witness four times (with an
oath) by Allah that they are solemnly telling the truth; And the fifth (oath)
(should be) that they solemnly invoke the curse of Allah on themselves if they
tell a life. But it would avert the punishment from the wife is she bears
witness four times (with an oath) by Allah that (her husband) is telling a lie;
And the fifth (oath) should be that she solemnly invokes the wrath of Allah on
herself is (her accuser) is telling the truth. (Qur'an
24:6-9)
One reference in the Qur'an
distinguishes between the witness of a male and a female. It is useful to quote
this reference and explain it in its own context and in the context of other
references to testimony in the Qur'an.
O you who believe! When you deal with
each other in transactions involving future obligations in a fixed period of
time reduce them to writing. Let a scribe write down faithfully as between the
parties: let not the scribe refuse to write as Allah has taught him so let him
write. Let him who incurs the liability dictate but let him fear his Lord Allah
and not diminish aught of what he owes. If the party liable is mentally
deficient or weak or unable himself to dictate let his guardian dictate
faithfully. And get two witnesses out of your own men
and if there are not two men then a
man and two women such as you choose for witnesses so that if one of them errs
the other can remind her. The witnesses should not refuse when they are called
on (for evidence). Disdain not to reduce to writing (your contract) for a
future period whether it be small or big: it is just in the sight of Allah more
suitable as evidence and more convenient to prevent doubts among yourselves;
but if it be a transaction which you carry out on the spot among yourselves there
is no blame on you if you reduce it not to writing. But take witnesses whenever
you make a
commercial contract;
and let neither scribe nor witness suffer harm. If you do (such harm) it would
be wickedness in you. So fear Allah; for it is Allah that teaches you. And
Allah is well acquainted with all things. (Qur'an 2:282)
A few comments on this text are essential in order to prevent
common misinterpretations:
a)
It cannot be
used as an argument that there is a general rule in the Qur'an that the worth
of a female's witness is only half the male's. This presumed "rule"
is voided by the earlier reference (24:6-9) which explicitly equates the
testimony of both genders in the issue at hand.
b)
The context of
this passage (ayah) relates to the testimony on financial transactions
which are often complex and laden with business jargon. The passage does not
make a blanket generalization which would otherwise contradict 24:6-9 cited
earlier.
c)
The reason for
variations in the number of male and female witnesses required is given in the
same passage. No reference was made to the inferiority or superiority of one
gender's witness or the other's. The only reason given is to corroborate the
female's witness and prevent unintended errors in the perception of the
business deal. The Arabic term used in this passage (tadhilla) means
literally "loses the way," "gets confused or errs." But are
females the only gender that may err and need corroboration of their testimony.
Definitely not, and this is why the general rule of testimony in Islamic law is
to have two witnesses even if they are both males. This leaves us with only one
reasonable interpretation that in an ideal Islamic society as envisioned by
Islamic teachings the female members will give priority to their feminine
functions as wives, mothers, and pioneers of charitable works. This emphasis,
while making them more experienced in the inner function of the family
and social life, may not give them
enough exposure and experience to business transactions and terminology, as
such a typical Muslim woman in a truly Islamic society will not normally be
present when business dealings are negotiated and if may present may not fully
understand the dealings. In such a case, corroboration by two women witnesses
helps them remind one another and as such give an accurate account of what
happened.
d) It is useful to remember that it is
the duty of a fair judge, in a particular case, to evaluate the credibility,
knowledge and experience of any witness and the specific circumstances of the
case at hand.
2. The general rule in social and
political life is participation and collaboration of males and female in public
affairs:
The believers, men and women, are
protectors one of another; they enjoin what is just and forbid what is evil:
they observe regular prayers, practice regular charity, and obey Allah and His
apostle. On them will Allah pour His mercy: for Allah is Exalted in power,
Wise. (Qur'an 9:71)
3.
Now there is
sufficient historical evidence of participation by Muslim women in the
choice of rulers, in public issues, in lawmaking, in administrative positions,
in scholarship and teaching, and even in the battlefield. Such involvement in
social and political affairs was done without losing sight of the complementary
priorities of both genders and without violating Islamic guidelines of modesty
and virtue.
4.
There is no text
in the Qur'an or the Sunnah that precludes women from any position of
leadership, except in leading prayer due to the format of prayer as
explained earlier and the headship of state (based on the common and
reasonable interpretation of
Hadeeth).
The head of state in Islam is not a
ceremonial head. He leads public prayers in some occasions, constantly travels
and negotiates with officials of other states (who are mostly males). He may be
involved in confidential meetings with them. Such heavy involvement and its
necessary format may not be consistent with Islamic guidelines related to the
interaction between the genders and the priority of feminine functions and
their value to society. Furthermore, the conceptual and philosophical
background of the critics of this limited exclusion is that of individualism,
ego satisfaction, and the rejection of the validity of divine guidance
in favor of other man-made philosophies, values, or "ism." The
ultimate objective of a Muslim man or woman is to selflessly serve Allah and
the ummah in whatever appropriate capacity.
Also I got some reference there on Yaari, you can read Islamic Learning Books to enhance your knowledge.
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