Honorable Status of Women in Islam

 

Equality: Men and women are absolutely equal with regard to their human status. The Qur’an, and the Prophet (peace be upon him), stress the equality of the two sexes in clear terms. The Qur’anic address always applies to men and women equally, at times the women and men are also addressed together: 

“Surely the Muslim men and the Muslim women, the believing men and the believing women, the devout men and the devout women, the truthful men and the truthful women, the patient men and the patient women, the humble men and humble women, the charitable men and the charitable women, the fasting men and the fasting women, the men who guard their chastity and the women who guard their chastity, and the men who remember Allah much and the women who remember Allah much - for all those, Allah has prepared forgiveness and a great reward”( Qur’an;33:35). 
Yet there are occasions where women are addressed in the Qur’an on their own, with matters that apply to them only. On the contrary, Islam stresses equality of treatment of sons and daughters. Allah says in the Qur'an: 
"Mankind, remain conscious of your Lord, who has created you all out of a single soul, and out of it created its mate."(Qur’an;4:1). 

15 Important Muslim Women in History

It would be interesting to introduce people to several names of important Muslim women in history that they may not have encountered before. Although the names of such extraordinary figures as the Empress Theodora, Eleanor of Aquitaine, Joan of Arc, Anne Boleyn, Caterina Sforza, and Elizabeth I are generally well-known, their counterparts in the medieval and early modern Muslim world are not. Women played an important role in the pre-modern Muslim world as scholars, poets, mystics, rulers, and warriors. This is a very short list of some of them. 

(Tomb of Hazrat Khadija (R.A) before its destruction)

1)     Khadīja b. Khuwaylid (d. 620). Even before her famous marriage to the Prophet Muhammad, she was an important figure in her own right, being a successful merchant and one of the elite figures of Mecca. She played a central role in supporting and propagating the new faith of Islam and has the distinction of being the first Muslim. As the Prophet Muhammad himself is believed to have said in a hadith preserved in Sahih Muslim: “God Almighty never granted me anyone better in this life than her. She accepted me when people rejected me; she believed in me when people doubted me; she shared her wealth with me when people deprived me; and God granted me children only through her.” Indeed, another of the most important women of early Islam, Fāṭima al-Zahrā’, was the daughter of the Prophet by Khadīja and it is only through Fāṭima (especially through her two sons, al-Hasan and al-Husayn) that the lineage of the Prophet Muhammad is preserved. These facts make Fāṭima and her mother Khadīja among the most revered female personages in Islamic history.

THE FEARLESS WOMEN OF ISLAM

Nusaybah bint Ka’b, seeing the Prophet (Peace Be Upon Him) unprotected during the Battle of Uhud, ran to shield him with her sword alongside her husband and son. She received many wounds, and the Prophet (PBUH) himself said that wherever he turned, whether to the right or to the left, he saw her defending him. She was present at a number of battles and, at the age of 60, fought at al-Yamama, receiving 11 wounds and also losing her hand.

When Khawla bint al-Azwar’s brother was taken captive by the Byzantines, she put on armour and charged into the Byzantine troops to rescue him. Taken captive at the Battle of Marj al Saffar, she fended off the Byzantines with a tentpole, killing seven.

A nation cannot be free until its women are free'

The recent proceedings of the Oscar Pistorius trial has created the opportunity for us to reflect and focus the spotlight on the issues of gender equality - and more specifically - intimate partner violence in South Africa.

South Africa is often dubbed the "rape capital" of the world. It is estimated that more than 70 percent of women in the country have experienced sexual abuse. A Medical Research study conducted in 2010 found that more than a quarter of South African men have admitted to raping a girl or woman.

One in seven men admitted to gang-rape. In 2012 the South African police documented more than 64,000 reported rapes. Activists in the field attest to the fact that the actual number of rapes is much higher than the reported figure.

In 2014, South Africa celebrates 20 years of democracy. Constitutionally, much was put in place to promote the equality of women. Much has been done to support women empowerment and to place women on a visible agenda; gender machinery was established and the South African government signed and ratified CEDAW (Conference on the Elimination of Discrimination against Women) and the optional protocol unreservedly.

A chronological assessment of women's lives over the past 20 years suggests that there have been many helpful shifts in putting women on a more equal footing with men, but in essence these changes did not bring about the required shifts on the ground.

According to Stats SA, 40 percent of parliamentary seats are reserved for women; this, however, has not made a difference at a collective level. Men still occupy top senior management positions with decision-making power, whereas women hold the largest chunk of leadership positions in the non-profit sector, followed by education.

Professional and personal networks of men are still strong and it is difficult for women to penetrate those structures, which again is an informal structure with much power.

Most of the changes tend to focus on legal and policy aspects which are not implemented effectively so that women on the ground can receive social justice.

There is a perception that men feel emasculated by the system; they think women - in the new South Africa - are given many more privileges than them. Women are becoming more aware of their rights and this constitutes a threat for male perpetrators of IPV (intimate partner violence). A dominant view among some men is that by having a more egalitarian relationship with their partners, they will lose their masculinity.

The current economic environment with high levels of unemployment, increased interest rates, and the persistent rise in food prices leads to frustration. In such context, intimate partners - in most cases - bear the brunt of their partner's frustrations. IPV, therefore, serves as an impediment to women's full participation in society. As Nelson Mandela once said, "A nation cannot be free until its women are free."

The challenge we face as a society is how to deal with the intense level of impunity against IPV. There is just too much tolerance of perpetrators of such crimes by the range of stakeholders working in the sector which includes the criminal justice system. The ineffectiveness of the system has led to suspended sentences for some IPV perpetrators. Such sentences send a clear message: Perpetrators can get away with being abusive and misogynistic towards women.

The rising level of corruption is also a great concern. Perpetrators pay the police off, leading to further impunity and no redress for IPV victims. Our macho gun culture perpetuates violence against women, as many men possess guns obtained illegally. There is also little control over those who apply for legal gun licenses. Should we be really giving gun licences to men with a history of IPV?

At the same time, non-profit organisations which help victimised women, face closure and cutbacks. Thus the most vulnerable in society do not receive the help they need.

Indeed, we have become immune and insensitive to the pain and suffering of IPV victims. If three women are killed in South Africa on a daily basis, the question we need to ask is: "Are women's lives so cheap?"

Zubeda Dangor is the Executive Director of Nisaa Institute for Women's Development.
Aljazeera.com

4 Women's Issues That Haven't Changed Since 1911

Over 100 years ago, radical writer and activist Emma Goldman penned the essay "The Tragedy of Woman's Emancipation." In the piece, which the Atlantic unearthed on July 12th, Goldman explores issues of equal pay, the tension between family life and home life, and the roadblocks that prevent true gender equality. Essentially, Emma Goldman sparked the original "having-it-all" debate.

So many of the issues Goldman raises feel nearly as relevant now as they must have then. Here are four things Goldman touches on that we're still working on today:

1. Men dominate many of the most esteemed professional fields -- and get paid more for their work.
"It is a fact that women teachers, doctors, lawyers, architects, and engineers are neither met with the same confidence as their male colleagues, nor receive equal remuneration," Goldman wrote. Today, women are still severely underrepresented in many fields -- especially in leadership positions. In 2004, only 16.8 percent of large law-firm partnerswere women. Only 1 out of every 7 engineering students is female, and women account for a pathetic 6 percent of chief executives of the top 100 tech companies. And in terms of remuneration, it's well established that women earn an average of 77 cents for every man's dollar.

2. Work stress disproportionately impacts women.
Emma Goldman wrote that to succeed in the workplace, “[women] generally do so at the expense of their physical and psychical well-being” –- a feeling that still resonates with many women and men today. But studies show that workplace stress may disproportionately impact women. The American Psychological Association's Work And Well-Being Survey, published in March of this year, found that 37 percent of women said they feel stressed at work (whereas 33 percent of men reported workplace stress) and that only 34 percent of women felt that they had enough resources to manage their stress (whereas 38 percent of men felt they had resources available to them).

But, it seems that women have begun to take control of this issue since Goldman’s time and are starting to have constructive conversations about how to handle stress -- weighing priorities, demanding flexibilityand generally pushing back against stressful work environments.

3. The "freedom" the workplace supposedly offers women sometimes doesn't feel so free at all.
"How much independence is gained if the narrowness and lack of freedom of the home is exchanged for the narrowness and lack of freedom of the factory, sweat-shop, department store, or office?" Goldman asked. And when one considers the persistence of gender-based workplace discrimination, the workplace is not a place of freedom for many women. The gender-based wage gap, as well as the glass ceiling and occupational segregation are just a few of the factors which can make the workplace an frustrating rather than liberating place for some women.

4. Women are doubling up on work at home and outside of the home.
The "Second Shift" -- a term established by sociologist Arlie Hochschild in 1989, which refers to the disproportionate amount of unpaid domestic labor women do in addition to their paid jobs -- has apparently been around since Goldman's time. Goldman wrote, "In addition [to working] is the burden which is laid on many women of looking after a 'home, sweet home' -- cold, dreary, disorderly, uninviting -- after a day's hard work."

In June of this year, the Bureau of Labor Statistics reported that the "second shift" is still a problem. Only 20 percent of men reported helping out with housework (such as cleaning and doing laundry), while 48 percent of women said the same. And while 39 percent of men said that they helped out with food preparation and cleanup, 65 percent of women said that they regularly prepared meals. In Lean In, Sheryl Sandberg points to this second shift as a serious blockade to women's progress, encouraging women to stop being "maternal gatekeepers" and encourage their partners to take on greater responsibilities at home.

Goldman wraps up her essay with an eerily prescient summary of the issues she feels women of her generation faced:

The narrowness of the existing conception of woman's independence and emancipation; the dread of love for a man who is not her social equal; the fear that love will rob her of her freedom and independence; the horror that love or the joy of motherhood will only hinder her in the full exercise of her profession -- all these together make of the emancipated modern woman a compulsory vestal, before whom life, with its great clarifying sorrows and its deep, entrancing joys, rolls on without touching or gripping her soul.

Luckily, Goldman's essay not only reminds us of the things we still need to work on, but highlights how far we've come. Women are pushing back and engaging in productive dialogues about how we can further progress-- both in and out of the office, and thought leaders like Sheryl Sandberg are encouraging women to demand the compensation they deserve. There's more work to be done, but we're well on our way.

Women's rights country by country - interactive The Guardian Using World Bank and UN data we offer a snapshot of women's rights across the globe. Select a region and hover over a country to see how it ...

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Pronouncing three Times divorce [Talaq] in one go is un-Islamic

Islam does not hold Tripple Talaq as Lawful
There is a common misconception that a man can say Talaq, Talaq, Talaq to his wife in a row and it will lead to Talaq. This is totally an unIslamic practice.

While marriage is the rule of life, and divorce only an exception, the latter must also be accepted as a reality. Indeed there already exist commandments to deal, accordingly, with such cases in both divine and human laws.

The only true, authentic representation of divine law now exists in the form of the Qur’an, it having been preserved in its entirety by God and free, therefore, from all human interpolations. In the Qur’an, and in the Hadith, there are various commandments regarding divorce, the main point being that divorce should be sought only under unavoidable circumstances. The Prophet spoke of it as being the most hateful of all the lawful things in the eyes of God, and said that when it does take place, it should be done in an atmosphere of good will. In no way should one harbor ill will against the other. Abu Dawud, Sunan, Kitab at-Talaq, 2/255

Just think of couples wasting away the whole of their lives in mental torment only because the conditions of separation and its consequences are hard to meet. It is as unnatural as anything can be.

Islam is a natural religion. Such a situation has not developed in Muslim communities because Islamic law on marriage and divorce provides for all, or almost all, eventualities. For example, when a woman wishes to divorce her husband, she has to put her case before a religious scholar, or a body of religious scholars. They then give consideration to her circumstances in the light of the Qur’an and the Hadith, and, if they find that there are reasonable grounds for separation, they decide in her favor. The reason that the woman must have scholars to act on her behalf is that women are more emotional than men-as has been proved by scientific research-and it is to prevent hasty and ill-considered divorces taking place that she is thus advised. If we seldom hear of Muslim women committing suicide, or being murdered by their in-laws, it is because they have the alterative - separation.

Separation, of course, is strongly advised against in the case of minor provocations. Are we not commanded by God to be tolerant and forgiving? It is meant only as a last resort, when it has become truly unavoidable.
Islamic law is thus fair to both husband and wife, unlike occidental law, which places an undue burden on the man, while Hindu society forces the woman into familial rejection, destitution and social ostracism.

Divorce in Islam

Nature demands that men and women lead their lives together. The ideal way of leading such a life is, according to the shari‘ah, within the bonds of marriage. In Islam, marriage is both a civil contract entered into by mutual consent of the bride and groom, and a highly sacred bond to which great religious and social importance is attached.

However, in the knowledge that an excess of legal constraints can lead to rebellion, such injunctions have been kept to a realistic minimum and have been formulated to be consistent with normal human capabilities. Moreover, their enforcement is less relied upon than the religious conditioning of the individual to ensure the maintenance of high ethical standards and appropriate conduct in marital affairs and family life.

The state of marriage not only lays the foundations for family life, but also provides a training ground for individuals to make a positive adjustment to society. When a man and woman prove to be a good husband and a good wife, they will certainly prove to be good citizens in the broad spectrum of their social group. This has been aptly expressed in a Hadith: “The best of you is one who is best for his family.” Ibn Majah, Sunan, Kitab an-Nikah, 1/636

The family being the preliminary unit for the training of human beings, its disintegration has an injurious effect on the society to which those human beings must individually make a positive contribution, if collectively they are to form a good and just nation. If the family no longer exists, it is the whole of humanity, which suffers.

Once a man and a woman are tied together in the bonds of matrimony, they are expected to do their utmost, till the day they die to honor and uphold what the Qur’an calls their firm contract, or pledge. (Qur’an, 4:21) To this end, the full thrust of the Shariah is leveled at preventing the occurrence of divorce; the laws it lays down in this regard exist primarily, therefore, as checks, not incentives.

Islam regards marriage as an extremely desirable institution, hence its conception of marriage as the rule of life, and divorce only as an exception to that rule. According to a Hadith, the Prophet Muhammad said, “Marriage is one of my Sunnah (way). One who does not follow it does not belong to me.” Ibn Majah, Sunan, Kitab an-Nikah.

When a mail and a woman live together as husband and wife, it is but natural that they should have their differences, it being a biological and psychological fact that each man and each woman born into this world are by their very nature quite different from each other. That is why the sole method of having unity in this world is to live unitedly in spite of differences. This can be achieved only through patience and tolerance; virtues advocated by the Prophet not only in a general sense, but, more importantly, in the particular context of married life. Without these qualities, there can be no stability in the bond of marriage. According to Abu Hurayrah, the Prophet said, “No believing man should bear any grudge against a believing woman. If one of her ways is not to his liking, there must be many things about her that would please him. “Muslim, Sahih, Kitab ar-Rada’, 2/1091

It is an accepted fact that everyone has his strengths and his weaknesses, his plus points and his minus points. This is equally true of husbands and wives. In the marital situation, the best policy is for each partner to concentrate on the plus points of the other, while ignoring the minus points. If a husband and wife can see the value of this maxim and consciously adopt it as the main guiding principle in their lives, they will have a far better chance of their marriage remaining stable.

However, it sometimes happens, with or without reason, that unpleasantness crops up, and goes on increasing between husband and wife, with no apparent indication of their being able to smooth things out by themselves. Their thinking about each other in a way that is conditioned by their maladjustment prevents them from arriving at a just settlement of their differences, based on facts rather than on opinions. In such a case, the best strategy according to the Qur’an is to introduce a third party who will act as an arbiter. Not having any previous association with the matters under dispute, he will remain dispassionate and will be able to arrive at an objective decision acceptable to both parties.

For any arbiter to be successful, however, the husband and wife must also adopt the correct attitude. Here is an incident from the period of the four pious Caliphs, which will illustrate this point.

When ‘Ali ibn Abi Talib reigned as fourth Caliph, a married couple complaining of marital discord came to him to request a settlement. In the light of the above-mentioned Qur’anic guidance ‘Ali ordered that a board of arbiters, one from the husband’s family and one from the wife’s family, be set up, which should make proper enquiries into the circumstances and then give its verdict. This verdict was to be accepted without argument by both sides.

As recorded in the book, Jami’ al-Bayan, by at-Tabari, the woman said that she gave her consent, on the book of God, whether the verdict was for or against her. But the man protested that he would not accept the verdict if it was for separation. ‘Ali said, “What you say is improper. By God, you cannot move from here until you have shown your willingness to accept the verdict of the arbiters in the same spirit as the woman has shown.”

This makes it clear that a true believer should wholeheartedly accept the arbiters and their verdict in accordance with the Qur’anic injunctions. Once their verdict is given, there should be no further dispute.

Two Ways of Divorcing

However, it has to be conceded that life does not always function smoothly, like a machine. Despite all safeguards, it sometimes does happen that a couple reaches a stage of such desperation that they become intent on separation. Here the Shariah gives them guidance in that it prescribes a specific method for separation. The Qur’an expresses it thus: “Divorce may be pronounced twice, then a woman must be retained in honor or allowed to go with kindness.” Qur’an, 2:229

This verse has been interpreted to mean that a man who has twice given notice of divorce over a period of two months should remember God before giving notice a third time. Then he should either keep his spouse with him in a spirit of goodwill, or he should release her without doing her any injustice.

This method of divorce prescribed by the Qur’an, i.e. taking three months to finalize it, makes it impossible for a man seeking divorce suddenly to cast his wife aside. Once he has said to his wife (who should not at this time be menstruating), “I divorce you,” both are expected to think the situation over for a whole month. If the man has a change of opinion during this period, he can withdraw his words. If not, he will again say, “I divorce you,” (again his wife should be in a state of “purity”) and they must again review the situation for a further month. Even at this stage, the husband has the right to revoke the proceedings if he has had a change of heart. If, however, in the third month, he says,“I divorce you,” the divorce becomes final and the man ceases to have any right to revoke it. Now he is obliged to part with his wife in a spirit of good will, and give her full rights.

This prescribed method of divorce has ensured that it is a well-considered, planned arrangement and not just a rash step taken in a fit of emotion. When we remember that in most cases, divorce is the result of a fit of anger, we realize that the prescribed method places a tremendous curb on divorce. It takes into account the fact that anger never lasts -- tempers necessarily cool down after some time-¬and that those who feel like divorcing their wives in a fit of anger will certainly repent their emotional outburst and will wish to withdraw from the position it has put them in. It also takes into account the fact that divorce is a not a simple matter: it amounts to the breaking up of the home and destroying the children’s future. It is only when tempers have cooled down that the dire consequences of divorce are realized, and the necessity to revoke the decision becomes clear.

When a man marries a woman, he has to say only once that he accepts her as his spouse. But for divorce, the Qur’an enjoins a three-month period for it to be formalized. That is, for marriage, one utterance is enough, but for a divorce to be finalized, three utterances are required, between which a long gap has been prescribed by the shari‘ah. The purpose of this gap is to give the husband sufficient time to revise his decision, and to consult the well-wishers around him. It also allows time for relatives to intervene in the hopes of persuading both husband and wife to avoid a divorce. Without this gap, none of these things could be achieved. That is why divorce proceedings have to be spread out over a long period of time.

All these preventive measures clearly allow frayed tempers to cool, so that the divorce proceedings need not reach a stage that is irreversible. Divorce, after all, has no saving graces, particularly in respect of its consequences. It simply amounts to ridding oneself of one set of problems only to become embroiled in another set of problems.

Despite all such preventive measures, it does sometimes happen that a man acts in ignorance, or is rendered incapable of thinking coolly by a fit of anger. Then on a single occasion, in a burst of temper, he utters the word “divorce” three times in a row, “talaq, talaq, talaq!” Such incidents, which took place in the Prophet’s lifetime, still take place even today. Now the question arises as to how the would-be divorcer should be treated. Should his three utterances of talaq be treated as only one, and should he then be asked to extend his decision over a three-month period? Or should his three utterances of talaq on a single occasion be equated with the three utterances of talaq made separately over a three-month period? There is a Hadith recorded by Imam Abu Dawud and several other traditionists which can give us guidance in this matter: Rukana ibn Abu Yazid said “talaq” to his wife three times on a single occasion. Then he was extremely sad at the step he had taken. The Prophet asked him exactly how he had divorced her. He replied that he had said “talaq” to her three times in a row. The Prophet then observed, “All three count as only one. If you want, you may revoke it.” Fath al-Bari, 9/275

A man may say “talaq” to his wife three times in a row, in contravention of the shari‘ah’s prescribed method, thereby committing a sin, but if he was known to be in an emotionally overwrought state at the time his act may be considered a mere absurdity arising from human weakness. His three utterances of the word talaq may be taken as an expression of the intensity of his emotions and thus the equivalent of only one such utterance. He is likely to be told that, having transgressed a shari‘ah law, he must seek God’s forgiveness, must regard his three utterances as only one, and must take a full three months to arrive at his final decision.

In the first phase of Islam, however, a different view of divorce was taken by the second Caliph, ‘Umar ibn al-Khattab. An incident that illustrates his viewpoint was thus described by Imam Muslim.

In the Prophet’s lifetime, then under the Caliphate of Abu Bakr and also during the early period of the Caliphate of ‘Umar, three utterances of talaq on one occasion used to be taken together as only one utterance. Then it occurred to ‘Umar ibn al-Khattab that in spite of the fact that a system had been laid down which permitted the husband to withdraw his first, or even second talaq, men still wanted to rush into divorce. He felt that if they were bent on being hasty, why should not a rule be imposed on them binding them to a final divorce on the utterance of talaq three times in a row. And he proceeded to impose such a rule.

This act on the part of the second Caliph, apparently against the principles of the Qur’an and Sunnah, did not in any way change the law of the shari‘ah. To think that this led to any revision of Islamic law would be to misunderstand the situation: the Caliph’s order merely constituted an exception to the rule, and was, moreover, of a temporary nature. This aptly demonstrates how the Islamic shari‘ah may make concessions in accordance with circumstances.

Each law of the shari‘ah may be eternal, but a Muslim ruler has the power to make exceptions in the case of certain individuals in special sets of circumstances. However, such a ruling will not take on the aspect of an eternal law. It will be purely temporary in nature and duration.

It is a matter of Islamic historical record that when any such person was brought before ‘Umar for having uttered the word talaq three times on one occasion, he held this to be rebellious conduct and would order him to be flogged on the back. Fath al-Bari, 9/275

Perhaps the most important aspect of this matter is that when ‘Umar gave his exceptional verdict on divorce being final after the third utterance on a single occasion of the word talaq, his position was not that of a powerless ‘alim (scholar) but of a ruler invested with the full power to punish-as a preventive measure-anyone who went against Qur’anic injunctions. This was to discourage haste in divorce. By accepting a man’s three talaqs on the one occasion as final and irrevocable, he caused him to forfeit his right to revoke his initial decision, thus leaving him with no option but to proceed with the divorce.

On the other hand, the Caliph had it in his power to fully compensate any woman affected by this ruling. For instance, he was in a position to guarantee her an honorable life in society and if, due to being divorced, she was in need of financial assistance, he could provide her with continuing maintenance from the government exchequer, baitul mal, etc.

Today, anyone who cites ‘Umar’s ruling as a precedent in order to justify the finality of a divorce based on three utterances of the word talaq on a single occasion should remember that his verdict will remain. Unenforceable for the simple reason that he does not have the powers that ‘Umar, as Caliph, possessed. ‘Umar’s verdict was that of a powerful ruler of the time and not just that of a common man. It is necessary at this point to clear certain misunderstandings which have arisen about the extent of agreement which existed on ‘Umar’s ruling. Of all the Prophet’s Companions who were present at Medina at that time, perhaps the only one to disagree was ‘Ali. As a result of this, certain ‘ulama have come to the conclusion that the Prophet’s followers (Sahabah) had reached a consensus (‘ijma) on this matter. Rawai’ ai-Boyan, 1/334

But the consensus reached was not on the general issue of divorce, but on the right of Muslim rulers to make temporary and exceptional rulings, as had been done by ‘Umar. It is obvious that the Companions of the Prophet could never have agreed to annul a Qur’anic injunction or to modify for all time to come a prescribed system of divorce. All that was agreed upon was that exceptional circumstances warranted exceptional rulings on the part of the Caliph. He was entitled to punish in any manner he thought fitting, anyone who digressed from the shari‘ah. This right possessed by the ruler of the time is clearly established in the shari‘ah. Many other instances, not necessarily relating to personal disputes, can be cited of his exercise of this right.

The Meaning of Provision

In Islamic jurisprudence, the material arrangements that a man makes for his divorced spouse are termed “divorce provision.” There is a consensus among Muslim scholars that this provision in no way means life-long maintenance, there being absolutely no basis for this in the divine scriptures. The concept of maintenance for life is, in fact, a product of modem civilization. It was never at any time enshrined in divine laws, either in Islam, Judaism or Christianity. In material terms ‘provision’ simply takes the form of a gift handed over by the man on parting, so that the woman’s immediate needs may be catered for, and in all cases, this is quite commensurate with his means.

But the Qur’an makes it explicit that the parting must above all be humane and that justice must be done: “Provide for them with fairness; the rich man according to his means, and the poor according to his. This is binding on righteous men. Do not forget to show kindness to each other... reasonable provision should also be made for divorced women. That is incumbent on righteous men.” Qur’an, 2:236.

When divorce takes place before the settling of the dowry and the consummation of the marriage, even then the man must give the woman money or goods as a gesture of goodwill. In this instance the question of his repaying dowry money does not arise. The Qur’an is also quite explicit on this,

“Believers, if you marry believing women and divorce them before the marriage is consummated, you have no right to require them to observe a waiting period. Provide well for them and release them honorably.” - Qur’an, 33:49.

This “waiting period” (iddah) actually applies to a woman who has been married for some time and who may, subsequent to the divorce, discover that she is pregnant. This statutory waiting period of three months makes her position clear and then the man is required to pay her additional compensation if she is expecting his child. But again there is no question of maintenance for life, for the Qur’an seeks a natural solution to all human problems. It would, therefore, be wholly against the spirit of the Qur’an for a woman to be entitled to life maintenance from the very man with whom she could not co¬exist. Such a ruling would surely have created a negative mentality in society. The Qur’an again has the answer: “If they separate, God will compensate each of them out of His own abundance: He is Munificent, Wise.’’ - Qur’an, 4:130

The munificence of God refers to the vast provision that God has made for his servants in this world.

In various ways God helps such distressed people. For example, when a woman is divorced, it is but natural that the sympathy of all her blood relations should be aroused. And, as a result, without any pressure being put on them, they are willing to help and look after her. Besides, a new will power is awakened in such a woman and she sets about exploiting her hidden potentialities, thus solving her problems independently. Furthermore, previous experiences having left her wiser and more careful, she feels better equipped to enter into another marital relationship with more success.

After Divorce

The question that arises immediately after divorce is of ways and means to meet one’s necessary expenses. . One’s answer is to resort to the Islamic law of inheritance. If women were to be given their due share according to Islamic law, there would be no question of a woman becoming destitute. But, sad to say, the majority of Muslim women fail to get their due share of inheritance from their deceased fathers and husbands as stipulated by Islamic law. If they could do so, this would be more than enough to meet such emergencies.

However, Islam has not just left women’s financial problems to the vagaries of inheritance, because parents are not invariably in possession of property that can be divided among their children. Further arrangements have been made under the maintenance law, but this has no connection with the law of divorce. The answer to this question must be sought therefore in the Islamic law of maintenance. Here we shall briefly describe some of its aspects:

1. In case the divorced woman is childless or the children are not earning, according to Islamic law, the responsibility for her maintenance falls on her father. That is, her situation will be the same as it was before marriage.

To quote from Path al-Qadir (A standard book on Islamic Law):

The Father is responsible for bearing the expenses of his daughter till her marriage, in the event of her having no money. The father has no right to force her to earn, even if she is able to. When the girl is divorced and the period of confinement is over, her father shall again have to bear her expenses.

2. If the divorced woman has a son who is an earning member of the family, the responsibility for her maintenance falls entirely upon him.

All that rightfully belongs to a wife will be the duty of the son to provide, that is, food, drink, clothes, house and even servants, if possible. Ibn ‘Abidin, Ramal-Mukhtar ‘ala ad-Durr al-Mukhtar, 2/733

3. In the case of the father being deceased, and where even her children are unable to earn, her nearest relatives such as brothers or uncles are responsible for her upkeep. In the absence of even this third form, the Islamic shari‘ah holds the State Treasury (baitul mal) responsible for bearing her expenses. She will be entitled to receive the money for her necessities.

Because of the number of provisions made under Islamic law for women it has never been the case in Islamic history that Muslim divorced women have been cast adrift, helpless, with no one to look after them.

Indian columnist, Khushwant Singh has remarked that we do not hear of Muslim women committing suicide or being tortured like Hindu women, which is a proof that Islam has already given them adequate liberty and has- made enough provision for them to be supported in times of emergencies.

A new dimension has been added to the issue since the women of this day and age can leave their homes to work, and are therefore not as entirely dependent on men as they used to be in the past: there is no need then to make laws which provide for them at the expense of their men folk. When they are earning like men, what is the point in making such a law? Only in exceptional cases, surely, do they need to be looked after, and ways and means of doing so can generally be worked out quite satisfactorily on a personal level.
By Molana Waheed ud Din Khan: http://cpsglobal.org

Notes
1.  Encyclopaedia Britannica (1984), vol. 7, pp. 163Q64.
2.  Ibid.
3.  Ibid.
4.  Bertrand Russell, Autobiography, (London, 1978), pp. 563-564.
5.  The Hindustan Times, (New Delhi), October 12, 1985.
6.  Abu Dawud, Sunan, Kitab at-Talaq, 2/255.
7.  Qur’an, 2:236.
8.  Qur’an, 33:49.
9.  Qur’an, 4:130.
10.  Ibn Majah, Sunan, Kitab an-Nikah, 1/636.
11.  Qur’an, 4:21.
12.  Ibn Majah, Sunan, Kitab an-Nikah.
13.  Abu Dawud, Sunan, Kitab at-Talaq, 2/255.
14.  Muslim, Sahih, Kitab ar-Rada’, 2/1091.
15.  Qur’an, 2:229.
16.  Fath al-Bari, 9/275.
17.  Fath al-Bari, 9/275.
18.  Rawai’ ai-Boyan, 1/334.
19.  A standard book on Islamic Law.
20.  AI-Shaokani, Fath al Qadir, 3/344.
21.  Ibn ‘Abidin, Ram al-Mukhtar ‘ala ad-Durr al-Mukhtar, 2/733.
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