Sunday, June 20, 2021
Monday, June 7, 2021
Right to work
Islam has allocated the management of the home as a woman's primary role, in which she takes care of her family, raises and educates her children, and caters for the needs of her husband. The Messenger of Allah (Peace and Blessings of Allah be upon him)) said, "A woman is a shepherd in her husband's home, and she will be held accountable for that.''
Regardless of her own financial situation, her maintenance is the responsibility of her father or husband with no obligation upon her to seek employment. It is perhaps due to this privilege that the mainstay of her work is within her home, although, her work is honored, being equivalent to fighting in the way of Allah.
Despite the lofty position bestowed upon the woman in the home, Islam does not prevent her from working. She has been afforded the right to buy and sell while delegating others to do her bidding. It is due to her business interaction with others that permits her to uncover her face and hands. According to jurists, there is a need for revealing the face during buying and selling, and for revealing the hands while giving and taking. According to Al-Ikhtiyafr, it is not permissible for a man to look upon a woman except at her face and hands which is deemed necessary for exchange and recognition, that is, only if there is no one who can carry out transactions on her behalf.
There are many legal texts which establish the legality of a woman to work. In the case of a married woman, it is permissible to work although her husband has the right to prevent her. However, the husband's preventative ability is revoked if he is unable to provide for her himself. It is, in accordance with Nihayah al-Muhtaj, the most preponderant view that in the case of inability the husband is afforded a period of three days in which he may secure a realistic means of income. If he fails to do so, the wife reserves the right to leave for work without the husband's permission, although the hours of such work should be in keeping with daylight hours. This right, which may be exercised on the morning of the fourth day, is legitimate even if she is rich, with the husband reserving no right to prevent her as her afforded right is to be provided for.
In another manual of jurisprudence, Muntaha Al-Irafdat, we find that in the case of a husband failing to provide for his wife, she may choose either to dissolve the marriage or to remain with him but she is authorized to refuse sexual relations. If she does not prevent him from having intercourse with her, then he cannot prevent her from going out to earn a livelihood, and he has no right to confine her at home with his difficult situation if she does not demand for the dissolution of the marriage. For, confining her may lead to harming her through a lack of sustenance. This is regardless of the fact that she is rich or poor. The husband only has right to confine her at home if he provides her with sustenance and essential needs. Similarly, Fath al-Qadeer states: "If a woman is a midwife or has a right upon others (and vice versa), she can go out with or without permission.'' A similar opinion is mentioned in Hashiyah Sa'di Jalabi. However, Ibn 'Abidin said after quoting from Fath al-Qadeer, "Al-Bahr recorded on the authority of Khaniyah that going out should depend on her husband's permission since his rights are given precedence over collective obligation.''
It is permissible for a woman to invest her finances in a partnership with others in whatever legal means she desires without permission. According to Jawahir Iklil, a wife can either lend money or invest it without being prevented since it is a form of trade according to the consensus of the scholars. If a woman works with her husband, whatever she earns belongs to her. In al-Fatafwa al-Bazzaziyyah, the Imam gave the verdict that any money earned through a co-venture between husband and wife would be regarded as the husband's, unless it is possible to discern her share, in which case her share is solely hers. A Fatwa was also given concerning a trainee woman whose husband sometimes helped in picking up spikes of grain.
Each of them should have a half of whatever they were able to pick.
A father should nurture his daughter upon the dignity of work. In Hashiyah Ibn 'Abidin, it is mentioned that a father may entrust his daughter to a woman who can teach her sewing and embroidery.
Right to own property
A Muslim woman has the right to own property and dispose of her wealth in a way she deems fit (as long as she possesses sound judgment). Such rights are established by the Shari'ah, to the effect that
Allah says,
"If then you find sound judgment in them, release their property to them. An-Nisa 4:6
She also has the right, according to the consensus of scholars, to embark on commercial ventures without the need of her husband or father's permission. The majority of jurists such as the Hanafis, Shafi'is, Ibn al-Mundhir, and a narration from Imam Ahmad state that a woman has the right to spend her wealth charitably. This view is held in light of the Prophetic narration, "O womenfolk give Sadaqah (charity) even if it is from your jewelry.'' The women responded to the Prophet's call without his inquiry as to whether they were donating the whole of their wealth or a part thereof. Since it is permissible for a Muslim woman to dispose of a part of her wealth without her husband's permission, he has no authority to restrain her if she wants to dispose of it in its entirety. According to Imam Malik and a narration from Imam Ahmad, she can only donate up to a third of her wealth and is not allowed to donate more than that without her husband's consent.
As for those who cite it is a woman's right to donate her entire wealth, then they argue that if she has the freedom to possess and maintain her wealth, then she can also stand as a guarantor for others. Amongst these jurists is al-Mughni. They say, since it is a contract whose target is wealth, it is, therefore, valid if it is contracted by a woman, as this is similar to being like a male.
As for those who believe that she can only donate up to a third of her wealth without her husband's permission, they also believe that she can only guarantee what covers up to a third of her wealth since guaranteeing in this case forms a type of donation. As for guaranteeing what covers more than a third of her wealth, according to this view it is legal as long as it is permitted by her husband.
The entitlement to having her will respected
In Islam, the woman has freedom of will as well as the freedom to express her opinion. Allah has granted her this fundamental right which she had been denied during the time of ignorance. A time in which if her husband died, she had no authority over herself, and she was inherited along with the estate of her husband.
Al-Bukhari recorded on the authority of Ibn 'Abbas (May Allah be pleased with him) concerning
Allah's saying:
"0 you who believe! You are forbidden to inherit women against their will; and you should not treat them with harshness, that you may take away part of the Mahr you have given them, unless they commit open illegal sexual intercourse; and so live with them honorably. If you dislike them, it may be that you dislike a thing and Allah brings through it a great deal of good.'' An-Nisa 4:19.
"(Before the revelation of this verse) if a man died, his relatives had the right to inherit his wife, with which they could marry her, give her away in marriage, or, if they wished, not do anything. They would be more entitled to have power over her than her own relatives. Due to such oppression, the aforementioned verse was revealed.''
Zayd bin Aslam said, "During the time of ignorance, when a man died, the people of Yathrib would inherit his estate while also taking control of his wife. The inheritor would treat her harshly until he himself married her or gave her out in marriage to whomever he wished. As for Tihamite Arabs, a man among them would treat his wife badly until he would divorce her and stipulate that she married only a man of his choice and that she should give back to him a part of what she got as bridal gift. Due to such immoral behavior Allah forbade the believers from that.
Ibn Juraij said, "This verse was revealed concerning Kabishah bint Ma'n ibn 'Asim bin Al-Aws. Her husband Abu Qays ibn Aslat died and her husband's son wanted to take her over. She came to Allah's Messenger (Peace and Blessings of Allah be upon him) and said, "O Messenger of Allah, I was not allowed to inherit of my husband's estate nor was I left alone to remarry a man of my choice).'' It was then that this verse was revealed.''
Ibn Katheer said, "The verse applies to all that was practiced during the age of ignorance in that regard.'' Equally, the woman's wish should be respected concerning her marriage. The Messenger of Allah (Peace and Blessings of Allah be upon him) said, in a Hadith reported by Al-Bukhari on the authority of Abu Hurayrah (May Allah be pleased with him), "A matron should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission.
According to the consensus of jurists, it is obligatory to consult a matron a previously married woman) who is sane before marrying her off. If she is married off without her permission, the validity of such a marriage would depend upon her approval. As for the sane and mature virgin, consulting her before marrying her off is only recommended (and not mandatory), according to the majority of the scholars. It was reported from 'Ata that the Prophet (Peace and Blessings of Allah be upon him) would seek the permission of his daughters before he married them off. Seeking the permission of a virgin is mandatory before marrying her off according to the opinion of the Hanafis.
According to the Hanafis, a woman's permission is required for marriage. It is also permissible for a free and mature woman to marry herself off. A woman is eligible to marry another woman off (if she is authorized to do so), and similarly, a woman may be married off by another woman or man (if she authorized him/her to do so). This is the view of Abu Hanifah, Zufar, Al-Hasan, and the apparent opinion of Abu Yusuf. The Hanafis cite the Hadith of Khansa' bint Hiiam who was married off by her father without her consent and that the Prophet (Peace and Blessings of Allah be upon him) revoked the marriage. It was also reported that a woman married her daughter off which led to her appearance (at the behest of the male guardian) at the court of Ali bin Abi Talib (May Allah be pleased with him).
A woman can share thoughts with her husband and she can even disagree with him. 'Umar bin AlKhattaub (May Allah be pleased with him) said, "By Allah, during the days of ignorance we had no regard for women until Allah the Exalted revealed about them what He has revealed, and appointed for them what He appointed.'' He said, "It so happened that I was thinking about some matter when my wife said, "I wish you had done that and that'' I said to her, "It does not concern you and you should not feel disturbed in a matter which I intend to do.'' She said to me, "How strange is it that you, O son of Khattaub, do not like anyone to retort upon you, whereas your daughter retorts upon Allah's Messenger (Peace and Blessings of Allah be upon him) until he spends the day in vexation.'' 'Umar said, "I took hold of my cloak, then came out of my house until I visited Hafsah and said to her "O daughter, I heard) that you retort to Allah's Messenger (Peace and Blessings of Allah be upon him) until he spends the day in vexation.'' Hafsah replied, "By Allah, we do retort to him.'' I said, "You should bear in mind, my daughter that I warn you against the punishment of Allah and the wrath of His Messenger (Peace and Blessings of Allah be upon him). Do not be misled by one who has been fascinated by her own beauty and love of Allah's Messenger (Peace and Blessings of Allah be upon him).'' I ('Umar) then visited Umm Salamah (May Allah be pleased with her) because of my relationship with her and informed her of my thoughts. Umm Salamah (May Allah be pleased with her) said to me, "Umar ibn al-Khattab, how strange is it that you meddle with every matter so much so that you manage to interfere between Allah's Messenger (Peace and Blessings of Allah be upon him) and his wives?'' This perturbed me so much that I refrained from saying what I had to say, and so I came out of her apartment. Whenever I had been absent (from the company of the Prophet), a friend that I had from the Ansar used to bring me news and whenever he had been absent I used to take news to him. In those days we were apprehensive about the king of Ghassan. It was mentioned to us that he intended to attack, and thus our minds become occupied by him. My friend, the Ansari, arrived one day knocking at the door saying, "Open it, open it.'' I said, "Has the Ghassani come?'' He said, "(The matter is) more serious than that. The Messenger of Allah (Peace and Blessings of Allah be upon him) has separated himself from his wives.'' I said, "Let the nose of Hafsah and 'A'ishah (May Allah be pleased with her) be smeared with dust.'' I then took hold of my cloak and went out until I came and found Allah's Messenger (Peace and Blessings of Allah be upon him) in his attic which he had climbed by the means of a ladder made of date-palm. The servant of Allah's Messenger (Peace and Blessings of Allah be upon him) had been sitting at the end of the ladder to whom I said, "This is Umar'' and permission was granted to me. I narrated my encounters with Allah's Messenger (Peace and Blessings of Allah be upon him) to which he smiled. He was lying on the mat (with nothing in between), and under his head there was a pillow made of leather stuffed with palm fibers. At his feet was a heap of sant tree (acacia niloctica, meant for dyeing) and a piece of hide was hanging near his head there. On seeing the imprint of the mat on the side of Allah's Messenger (Peace and Blessings of Allah be upon him) I wept. He said, "What makes you weep?'' I said, "Messenger of Allah, the Khusrau and the Ceasars (spend their lives in) the midst of (luxuries), whereas you being Allah's Messenger (are leading your life in this poverty).'' Thereupon Allah's Messenger (Peace and Blessings of Allah be upon him) said, "Don't you like that they should have riches of their world, and you have the Hereafter?''
It is also recommended to seek a woman's advice in matters that either concern them or in which they may have some experience. This is an expression of mutual consultation as manifested in Allah's saying, while describing the characteristics of the believers,
"And their affair is [determined by] consultation among themselves.'' Ash-Shoora 42:38.
This is also supported by the Hadith of Umm Salamah " as recorded by Al-Bukhari and others: "When the writing of the peace treaty was concluded, Allah's Messenger (Peace and Blessings of Allah be upon him) said to his companions, "Get up and slaughter your sacrifices and get your heads shaved.'' By Allah none of them got up, and the Prophet (Peace and Blessings of Allah be upon him) repeated his order thrice. When none of them got up, he left them and went to Umm Salamah" and informed her of the people's attitudes towards him. Umm Salamah (May Allah be pleased with her) said, "O the Prophet of Allah! Do you want your order to be carried out? Go out and don't say a word to anybody till you have slaughtered your sacrifice and call your barber to shave your head. ''So the Prophet (Peace and Blessings of Allah be upon him) went out and did not talk to any one of them until he had slaughtered the sacrifice and called his barber to shave his head. Seeing that, the companions of the Prophet got up, slaughtered their sacrifices, and started shaving the heads of one another.''
A Muslim woman may grant protection to disbelievers which must be respected by the Muslims. In AlMughni, it is mentioned that it is permissible for a woman to give a promise of protection to disbelievers. 'A'ishah (May Allah be pleased with her) said, "A woman would give promise of protection and it would be deemed permissible.''
Umm Hani (May Allah be pleased with her) said she addressed the Prophet (Peace and Blessings of Allah be upon him) saying: "Messenger of Allah, I gave protection to my in-laws and I shut them inside but the son of my brother, Ali, wanted to kill them.'' The Messenger of Allah, (may Allah bless him and grant him peace), said, "We give protection to whomever you have given protection, Umm Hani. (May Allah be pleased with her)
