Message No : 13Sr.No : 164/724
Question By : Priya Vaishnava

These are the texts that have their own situations, contetxs and reasons. I hope some of readers will contribute to explaining Islamic responses to these doubts--- the moderator)

womens right to property in islam

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

"Allah directs thus about those who leave no descendants or
ascendants as heirs. If it is a man that dies, leaving a sister but
no child, she shall have half the inheritance: If such a deceased was
a woman, who left no child, her brother takes her inheritance: If
there are two sisters, they shall have two-thirds of the inheritance
between them: if there are brothers and sisters, they share, the male
having twice the share of the female." (Surah 4:176)

ARE MEN AND WOMAN SAME?

The Prophet said, 'Isn't the witness of a woman equal to half of that
for a man?' The women said, 'Yes.' He said, 'This is because of the
deficiency of a woman's mind.' "

PUNISHMENT FOR WOMEN ENGAGING IN HOMOSEXUALITY

"If any of your women are guilty of lewdness, take the evidence of
four reliable witnesses from amongst you against them; and if they
testify, confine them to houses until death do claim them, or Allah
ordain for them some other way." (Surah 4:15)

PUNISHMENT FOR MEN FOR THE SAME OFFENSE

If two men among you are guilty of lewdness, punish them both. If
they repent and amend, leave them alone; for Allah is Oft-returning,
Most Merciful." (Surah 4:16)

PUNISHMENT FOR DISOBEDIENT WIVES

"Men are in charge of women, because Allah hath made the one of them
to excel the other, and because they spend of their property for the
support of women. So good women are the obedient, guarding in secret
that which Allah hath guarded. As for those from whom ye fear
rebellion, admonish them and banish them to beds apart, and scourge
them. Then if they obey you, seek not a way against them. Lo! Allah
is ever High, Exalted, Great." (Surah 4:34, Pickthal translation)

DIVORCING A WIFE

"And if ye wish to exchange one wife for another and ye have given
unto one of them a sum of money (however great), take nothing from
it. Would ye take it by the way of calumny and open wrong?" (Surah
4:20, Pickthal translation)

BEATING YOUR WIFE:

On the Day of Judgement, a husband shall not be questioned for
beating his wife." 9 (HADITH)

for a wife who fails to satisfy her husband in bed

When a wife vexes her husband, then houris of paradise utter curses
on her saying, 'may Allah destroy you because he is with you only for
a short time; he will shortly leave you to come to us.'" 23.

REWARD FOR JIHAD IN HEAVEN

72 HOURIS(VIRGINS) OR 28 BOYS.

 

Reply By : Mohd. Shihabuddin Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah, All Gracious, All Merciful
Assalamo Alaikum
Dear brother in Islam,

The doubts about the above-described texts are not clear. Only the explanation of the above verses and Ahadith are stated herein:

a)
¡°Allah chargeth you concerning (the provision for) your children: to the male the equivalent of the portion of two females, and if there be women more than two, then theirs is two-thirds of the inheritance, and if there be one (only) then the half. And to his parents a sixth of the inheritance, if he have a son; and if he have no son and his parents are his heirs, then to his mother appertaineth the third; and if he have brethren, then to his mother appertaineth the sixth, after any legacy he may have bequeathed, or debt (hath been paid). Your parents or your children: Ye know not which of them is nearer unto you in usefulness. It is an injunction from Allah. Lo! Allah is Knower, rise¡±. (Suratun-Nisa 4:11)

And unto you belongeth a half of that which your wives leave, if they have no child; but if they have a child then unto you the fourth of that which they leave, after any legacy they may have bequeathed, or debt (they may have contracted, hath been paid). And unto them belongeth the fourth of that which ye leave if ye have no child, but if ye have a child then the eighth of that which ye leave, after any legacy ye may have bequeathed, or debt ( ye may have contracted, hath been paid). And if a man or a woman have a distant heir (having left neither parent nor child), and he (or she) have a brother or a sister (only on the mother''s side) then to each of them twain (the brother and the sister) the sixth, and if they be more than two, then they shall be sharers in the third, after any legacy that may have been bequeathed or debt (contracted) not injuring (the heirs by willing away more than a third of the heritage) hath been paid. A commandment from Allah. Allah is knower, Indulgent (Ibid 12)

They ask thee for a pronouncement. Say: Allah hath pronounced for you concerning distant kindred. If a man die childless and he have a sister, hers is half the heritage, and he would have inherited from her had she died childless. And if there be two sisters, then theirs are two-thirds of the heritage, and if they be brethren, men and women, unto the male is the equivalent of the share of two females. Allah expoundeth unto you, so that ye err not. Allah is Knower of all things. (Ibid 176)

The rights of successors have been stated in the verses. Your doubts regarding 11 and 176 verses are not clear. Please, clarify.

b)
It is narrated on the authority of Abu Sayeed Al-Khudri (RA) that on the occasion of Eidul Fitr or Idha the Messenger of Allah went out to the Musallah (a place where Salaah is performed such as Eid Gaah). He passed nearby women and said, ¡°O, women! Give alms, for I have been shown you the majority of the dwellers of hell-fire¡±. The women asked, ¡°O, Messenger of Allah! What is the reason for it?¡± The Prophet replied, ¡°You curse frequently, and are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you to lead a cautious wise man astray.¡± The women asked, ¡°What deficiency is in our religion and intelligence? O, Messenger of Allah!¡± The Prophet said, ¡°Isn''t the witness of a woman is equal to half of that of a man?¡± The women said, ¡°Yes¡±. He said, ¡°This is because of the deficiency of a woman''s mind." The Prophet said, ¡°Doesn¡¯t she offer Salaah and observer Sawm in her menstrual period?¡± The women said, ¡°Yes¡±. He said, ¡°This is because of the deficiency of women¡¯s religion¡±. (Bukhari Babu Az-Zakaatu Alal-Aqarib, Vol 1: P 196, Mishkaat, Kitabul Imaan 13)

The Glorious Qur¡¯aan says regarding the witness of women, ¡°And call to witness, from among your men, two witnesses. And if two men be not (at hand) then a man and two women, of such as ye approve as witnesses, so that if the one erreth (through forgetfulness) the other will remember. (Suratul Baqarah 2: 282)

The verse shows that the memory of women, in general, is weaker than that of men. And the above Hadith indicates that women are deprived of Salaah and Sawm¡¯s virtues in menstrual period. And that is the deficiency of mind and religion.

c),d)
"If any of your women are guilty of lewdness, take the evidence of four reliable witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or Allah ordain for them some other way." (Surah 4:15)

¡°If two men among you are guilty of lewdness, punish them both. If they repent and amend, leave them alone; for Allah is Oft-returning, Most Merciful." (Surah 4:16)

The above verses of Surtun-Nisa: 4 sate injunctions of Shariah concerning adultery. The first verse deals with the witnesses. Four men eyewitnesses are necessary to prove adultery against a man and woman. Witnesses less than four will be rejected and those who have borne witnesses will be lashed eighty times for blaming a Muslim/Muslimah of adultery. The verses state the punishment of adulteress as confining to house up to death and the punishment of adulterer as insulting. The second verse ends prohibiting further insulting and punishing adulterer/adulteress when they repent and amend after receiving punishment.

The first verse says ¡°confine them to houses until death do claim them, or Allah ordain for them some other way". So the way was ordained in form of lashes and stoning; the punishment for bachelor adulterer/adulteress is hundred lashes and the punishment for married adulterer/adulteress is stoning to death.

In short, the punishment: confining to house and insulting mentioned in the above-verses have been abrogated by capital punishment. Now the punishment for single adulterer/adulteress is hundred lashes and the punishment for married adulterer/adulteress is stoning to death. The punishment of single adulterer is mentioned in Suratun-Noor. And though the recitation of the verse revealed for the punishment of married adulterer/adulteress has been abrogated, the injunction is existed. Hazrat Umar (RA) said, ¡°Verily, Allah sent Muhammad with truth and revealed the book to him. Out of the verses Allah Almighty revealed, there was the verse of the stoning to death. The Messenger of Allah stoned to death and after him we also stoned to death. And stoning to death in the book of Allah is a truth against one out of males and females who commits adultery in a married state, in case proof is established or if there occurs pregnancy or there is confession.¡± (Mishkaat Kitabul Hudood 309)

e)
"Men are in charge of women, because Allah hath made the one of them to excel the other, and because they spend of their property for the support of women. So good women are the obedient, guarding in secret that which Allah hath guarded. As for those from whom ye fear rebellion, admonish them and banish them to beds apart, and scourge them. Then if they obey you, seek not a way against them. Lo! Allah is ever High, Exalted, Great." (Surah 4:34, Pickthal translation)

The verse shows how to amend one¡¯s wife. It aims at four points: excellence of man over woman, responsibilities of man are different for woman¡¯s ones, obedient wife and the methods of reforming disobedient wife.

Excellence of men over women
Though the rights of women over men are as compulsion as the rights of men over women and both hold equal rights, men are ahead in one step; they are in charge of women. But they have not been given freedom to do whatever they wish. They are also restrained to follow Shariah and consult with women.

There are two reasons for giving men the charge of women. First one is that it is the tradition of Allah Almighty to make one superior over another because of particular policy as He declared a particular house; Baitulllah His house and Qiblah for all Muslims. Likewise, the priority of men over women is god-gifted. It has nothing with efforts and labours of men and the lapses and weaknesses of women. The second reason is that men spend their properties over women such as offering Mahr (dower) and providing them what they need. (Ma¡¯ariful Qur¡¯aan Vol: 2)

The Glorious Qur¡¯aan expressed the priority of men over women in its inimitable style. The shortest way was to say, ¡°Men are in charge of women because Allah made them excellent to those of women. But the Lofty Qur¡¯aan adopted a new style and said, ¡°Men are in charge of women, because Allah made the one of them excel to other¡­¡± This style shows that men and women are part of each other. And if men get superiority over men in some matter then it is just like the superiority of human¡¯s head over his hands and the priority of heart over stomach. So, as the priority of head does not decrease the importance of hands, the superiority of men does decrease the value of women. Since¡¯ they are part of each other. If men are head, women are body. (Ibid)

Responsibility of men differs form the responsibility of women
Men are the responsible to bear all the expenses of women. Guardian such as father and brother are responsible before her marriage and husband after marriage. On the other side, women have been made the sources for increasing generation and the house affairs have been fallen on their shoulders. Therefore, it cannot say that the station of women have been decreased by depending them on men for their expenses. But the duties have been divided as per the ability. (Ibid)

Obedient wife
Good wife is one who obeys her husband accepting his superiority and guards his reputation and property and her own virtue in his absence too. The Prophet of Islam (SAW) is reported as having said, ¡°A wife who is obedient to her husband, birds in air, fish in river, angles in heavens and animals in forest ask forgiveness for her¡±. (Ibid)

Methods to amend disobedient wife
The Glorious Qur¡¯aan stated three methods to be taken for reforming a disobedient wife. The methods are as follows:
a) Verbal advice. If this is not sufficient then the next step is;
b) Separation of bed. Husband sleeps at a separate bed and suspends her from sex relation so that she feels the unhappiness of the husband and corrects herself. If these noble punishments are not enough for her then the third step is;
c) Slight physical amending which does not leave mark on her body nor cause to break her bone. And her face never be targeted for this correction. The permission of first and second step is reported form messengers and righteous people verbally and practically as well but the third option is permitted in case of necessity, on one hand. On the other hand, it is stated in the Ahadith that noble people will never take this physical correction. Therefore, no example of this step is found in the lives of messengers.

Allah says at the end of the verse that if she corrects herself after taking these steps and returns to obedience then husband should also compromise and not seek means of annoyance on tiny matters and believe that Allah is high above us. How petty and contemptible will our littlie squabble appear is his presence!

In case of failing above steps in burying family conflicts, two arbiters, one from the family of husband and other from the family of wife will be appointed to make peace between husband and wife. If both the arbiters are sincere to make peace and desire amendment, Allah will help them to do so and make husband and wife of one mine. The verse indicates that the purpose of sending these two arbiters is only to make peace between both parities; husband and wife. Yes, if both husband and wife unanimously choose them their representatives and agree to accept whatsoever decision they take, the arbiters are permitted to take also decision. And their decision either in form of divorce or Khula¡¯ will be accepted and taken for granted.

The last and final step will be taken in the form of court. If the arbiters also fail to make peace and both husband and wife do not choose arbiters as representatives, the case will be filed in court. The court will take decision after completing free and fair investigation.

A complete system for sinking family differences has been stated in above two verses. This system can put an end to most of the conflict takes place between husband and wife and make them feel the family life as the life of paradise. Family differences should be sunk in family itself by taking gradually the steps mentioned above. If not possible then one arbiter from each family will be appointed to make peace between husband and wife so that the conflict can be ended within the members of the family. And if not possible then the door of court will be knocked.

f)
People, before arriving Islam considered women as other properties. As a result, successors of a deceased person took his wife in heritage as they did with his other properties. They married her if they wished or took money form other to get her marriage. That wrong concept gave birth of several custom to harass and operate women. Here are the some of those customs:

# If a woman took possession on her property, she would be prevented from re-marrying, so that she could not take her property out and die here leaving her property in the hand of those who have control of her.

# Some time there was no fault from wife, only husband did not like her and wanted to marry another lady. So he did not provide his wife rights nor give her divorce unless she would remit her dower. The Glorious put an end to these operations in following verses:

¡°O ye who believe! It is not lawful for you forcibly to inherit the women (of your deceased kinsmen), nor (that) ye should put constraint upon them that ye may take away a part of that which ye have given them, unless they be guilty of flagrant lewdness. But consort with them in kindness, for if ye hate them it may happen that ye hate a thing wherein Allah hath placed much good.¡± (4:19)

¡°And if ye wish to exchange one wife for another and ye have given unto one of them a sum of money (however great), take nothing from it. Would ye take it by the way of calumny and open wrong?¡± (4:20)

¡°How can ye take it (back) after one of you hath gone in unto the other, and they have taken a strong pledge from you?¡± (4:21)

g)
Please, write down the complete Hadith along with reference. As far as the beating is concerned, we already have discussed under (e).

h)
The Prophet of Islam (SAW) is reported as having said, ¡°Had I permitted someone to prostrate other I would have allowed wife to prostrate her husband¡±. This Hadith shows the value and station of husband. Another Hadith says that a woman who dies and her husband is pleased with her, will enter paradise. I would be gratified to know your doubt regarding the Hadith you quoted.

i)
It is narrated on the authority of Miqdad Bin Ma¡¯diKarab (RA) that the Prophet of Islam (SAW) said, ¡°There are six virtues of a martyr near Allah. At the first shedding of blood he is forgiven and shown his place in Paradise, he is protected from the punishment of the grave, he is kept safe from the great catastrophes, a crown of glory will be put upon his head, one jewel of which is better than the world and what is therein, he will be married to seventy two wives of lager dark eyed virgins, and he will be given permission to make intercession for seventy of his relations. (Mishkaat Kitabul Jihaad 333)

The word used in the Hadith is ¡°Hoor Aly¡¯een¡± which implies a virgin with beautiful, large and lustrous eyes. From where did you get the concept of boys? Would you please lead us to authentic sources in this regard?

And Allah knows the best,
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