This article is a translation of selected passages from the book Ḥuqūq al Marʾah fī Ḍawʾ al Sunnah al Nabawiyyah “Women’s Rights in Light of the Prophetic Sunnah” by Dr. Nawāl bint ʿAbd al ʿAzīz al ʿĪd.
Navigation Menu For The Summary
The Condition Of Women Before Islam
Women In Ancient Civilisations
Women Under Altered Earlier Religions
Arab Women In Jahiliyyah
Burying Daughters Alive
Men Who Saved Girls From Being Buried Alive
Marriage Before Islam
Divorce And Iddah
Financial Rights Before Islam
The Meaning Of Rights In Sharia
Equality And Difference Between Men And Women
Women In The Qur’an’s Legal Address
Equality In Legal Punishments
Equal Reward And Warning In The Hereafter
Women’s Right To Knowledge
Women’s Right To Fatwa
Women’s Right To Daʿwah
The Need For Women Callers
Navigation Menu For The Full Article
First Topic: The Position of Women in Some Ancient Civilisations and Other Religions
China
India
Persia
Romans
Greeks
Judaism
Christianity
Arab Women in the Jahiliyyah Period
The first demand: The position of women
The second demand: Burying daughters alive
Notable Men Who Rescued Girls From Being Buried Alive
The Third Demand: Women’s Marriage
The Fourth Demand: Women’s Divorce and the System of Their Waiting Period
The System of the Waiting Period
The Fifth Demand: Women’s Financial Rights
Establishing the Meaning of “Women’s Rights”
Definition of “Right”
The First Demand: Divisions of Rights
First: Dividing Rights Based on Who Owns the Right
Second: Dividing Rights Based on What the Right Attaches To
The Second Demand: The Variety in Rights and Duties Between Women and Men
Women’s Sharia Rights
The Qur’an Addressing Women
The Conditions Of Legal Responsibility Found In Women
Equality Between Women And Men In Legal Punishments
The Theft Punishment
The Slander Punishment
The Liʿan Punishment
The Zina Punishment
Equality Between Women And Men In The Reward Of The Hereafter
“Clothed Yet Naked”
“Leaning and Causing Others to Lean”
“Their Heads Like Leaning Camel Humps”
The Key And Its Teeth
A Woman’s Right To Education
The First Section: Prophetic Hadith About Educating Women
A Woman’s Right To Give Fatwa
A Woman’s Right To Call To Allah
The Blessed Woman Who Was A Cause For Her Whole People To Enter Islam
The Benefits Found In The Hadith
Umm Sulaym Orders Her Son To Say “There Is No God But Allah”
Umm Sulaym Presents Islam To Her Husband Malik ibn al Nadr
The Dowry Of Umm Sulaym Was Islam
Umm Hakim Orders Her Husband To Come To The Messenger Of Allah ﷺ And Accept Islam
Fatimah And The Islam Of Umar
The Believing Women Call The Mujahidin To Stand Firm At The Battle Of al Yarmuk
Suʿda Calls Her Husband To Spend In Charity
The Ongoing Mention Of Umm al Muʾminin Khadijah
Summary
The Condition Of Women Before Islam
Across many ancient civilisations, women were often deprived of dignity, legal capacity, property rights, education, and freedom. Their condition changed with beliefs, customs, and social structures, but the repeated pattern was humiliation, control, and loss of rights. The clearest exception was the time when Allah sent His messengers with guidance.
Women In Ancient Civilisations
In China, women were treated like property that could be bought, sold, and controlled. A woman was expected to obey her father, then her husband, then the eldest male authority after them. She was denied social and financial rights, and her birth was often seen as bad luck.
A married woman moved into her husband’s home, was known by his name, and was expected to remain unmarried after his death. Some customs even demanded that a widow burn herself after him. Chinese writings described women as a source of evil, ruin, and unhappiness. (Qissat al Hadarah 4/1/272; al Marʾah fi al Tasawwur al Islami 156–157.)
In India, women were presented in sacred writings as lower than men from the first creation. The legends of Manu described women as linked to desire, anger, dishonour, and bad conduct. This view made the woman appear as a source of temptation and impurity. At the same time, some temples used women for dancing, singing, and later for immoral service to priests, showing a deep contradiction in that religious society. (al Marʾah fi al Tarikh wa al Shariʿah 25; the previous source 27.)
Buddhist teaching also viewed women as dangerous to spiritual life, and Buddha was reported to have warned his followers not to look at women, speak to them, or feel safe around them. (Adyan al Hind al Kubra 74.)
Indian laws required a wife to serve her husband as if he were a god, and the widow was expected to burn alive with her dead husband until this practice was later abolished. (al Marʾah bayn al Fiqh wa al Qanun 17.)
In Persia, the value of women was affected by war culture and religious movements. Sons were preferred because they strengthened armies, while daughters were seen as benefiting others. Mazdakism later called for women and wealth to be shared, claiming equality while destroying family structure, lineage, and ownership. Al Shahrastani (d. 548AH) said Mazdak made women and wealth shared like water, fire, and air.
Al Tabari (d. 310AH) said this led people to overpower men in their homes, women, and wealth, until a man no longer knew his son and a child no longer knew his father. Women were also treated as lowly during menstruation and post birth bleeding, being kept away from homes and people. (al Marʾah bayn al Qadim wa al Hadith 1/132.)
In Roman society, the woman was first honoured within the family, but as moral decline spread, marriage became a loose civil contract, divorce became easy, and unlawful relations became common. Roman law treated the woman as legally incapable, like a minor or an insane person.
The head of the family had authority over wives, sons, daughters, daughters in law, and grandsons’ wives, including selling, banishing, torturing, and killing. In “marriage of authority”, the wife entered her husband’s control like a daughter, and he could even judge and punish her himself. (al Islam wa Qadaya al Marʾah 11–12; al Marʾah bayn al Fiqh wa al Qanun 15.)
Among the Greeks, women were often seen as the cause of misery and harm. Aristotle described women as lacking reliable intellectual ability and fit mainly for household work, motherhood, and nurturing. Plato placed women with children and servants, and Greek law placed women under male control throughout life. In Athens, women were kept mainly to the home. In Sparta, women received some physical training and limited civil rights, not out of honour, but because the military society needed strong mothers. (al Marʾah min Khilal al Ayat al Qurʾaniyyah 27; al Marʾah bayn al Qadim wa al Hadith 170; al Marʾah fi al Tasawwur al Qurʾani 29.)
Women Under Altered Earlier Religions
In altered Judaism, women were viewed through the blame placed on Hawwa for Adam عليه السلام eating from the tree. The Old Testament was quoted as calling the woman “more bitter than death”, with her heart as snares and her hands as chains. Jewish law placed the woman under her father before marriage and under her husband after marriage. A poor father could sell his daughter, and a widow could be inherited by the husband’s male relatives. (Genesis 3: 11–12; Ecclesiastes 7: 25–26; Exodus 3: 8; Deuteronomy 25: 5; Huqūq al Marʾah wa Wājibātuhā fi Dawʾ al Kitab wa al Sunnah 34.)
Women were also placed under severe restrictions during menstruation, to the point that the husband could not touch her, pass items to her directly, eat with her normally, or care for her if she became ill. (Majmuʿah min al Qawanin al Yahudiyyah wa al ʿAdat 22.)
In altered Christianity, women were also blamed as the origin of sin and evil. Tertullian viewed women as Satan’s helpers on earth. Paul’s commands were quoted to require women to remain silent in churches and ask questions at home. Some Christian voices described women as a necessary evil and a natural temptation.
Marriage was viewed by some church circles as impurity, which helped spread monasticism and contempt for marriage. Divorce was also forbidden even when hatred between spouses became severe, with separation being the furthest option. (al Marʾah fi Mukhtalif al ʿUsur 33; Qissat al Hadarah 3/278; Huqūq al Marʾah wa Wājibātuhā 37; Maqam al Marʾah fi al Islam 37.)
Arab Women In Jahiliyyah
The Arabs of jahiliyyah (pre Islam ignorance) often hated daughters. Allah described their state when a girl was born: the father’s face turned dark, he hid from his people, and he debated whether to keep her in humiliation or bury her alive. (al Nahl: 57–59.)
Their poetry showed the same meaning, with some men preferring the grave as the best “in law” for a daughter. (al Marʾah fi al Shiʿr al Jahili 290–291.)
Al Razi (d. 606AH) explained that the darkened face means the outward sign of grief and sorrow. (al Tafsir al Kabir 20/45.)
The Qur’an condemned their contradiction: they hated daughters for themselves, then claimed daughters for Allah. The mufassirun agreed that “what they hate” in Allah’s saying refers to daughters. (al Nahl: 62; Tafsir al Tabari 14/126; al Jamiʿ li Ahkam al Qurʾan 10/120; al Durr al Manthur 5/141; Tafsir Ibn Kathir 2/574.) They also made unjust food divisions, keeping what they saw as pure for men and leaving women with what they saw as lesser or foul. (al Anʿam: 139; Tafsir al Tabari 8/48–49; Tafsir Ibn Kathir 2/181; al Durr al Manthur 3/365.)
Burying Daughters Alive
Waʾd (burying alive) meant killing a girl by placing her alive into the earth until she died. The root meaning carries harshness, and the act showed harshness in the father’s heart, the girl’s suffering, and the cruel method of killing. (al Nihayah 5/142; Lisan al ʿArab 3/443.)
Al Zamakhshari (d. 538AH) described how some fathers would raise a daughter until she was six, tell her mother to beautify her, take her to a dug hole in the desert, make her look inside, then push her in and cover her with earth. Others would prepare a hole when the mother was about to give birth, throwing the newborn into it if it was a girl. (al Kashshaf 4/708.)
The reasons included hatred of females, fear of capture and shame, tribal jealousy, and poverty. (Fath al Bari 10/406.)
Allah forbade killing children because of poverty or fear of poverty. (al Anʿam: 151; al Isra: 31.) Al Razi explained that some buried daughters out of jealousy and some out of poverty, with poverty being the most common reason. (al Tafsir al Kabir 13/190.)
The Prophet ﷺ counted killing one’s child out of fear that he would eat with him among the greatest sins. (Sahih al Bukhari 6001; Sahih Muslim 86a.)
Men Who Saved Girls From Being Buried Alive
Some men of mercy saved girls from death. Zayd ibn ʿAmr ibn Nufayl used to stop fathers from killing their daughters, promising to care for the girl and later returning her to her father if he wished. This is reported from Asma bint Abi Bakr, may Allah be pleased with them both. (Sahih al Bukhari 3828; Sunan al Nasaʾi al Kubra 8187, 5/54; al Mustadrak 5859, 3/498; Fath al Bari 7/145.)
Saʿsaʿah ibn Najiyah was also remembered for saving girls, and al Farazdaq praised him in poetry for stopping the burying of girls alive.
The detailed report claiming he saved three hundred and sixty girls is weak because of Tufayl ibn ʿAmr, though the general fame of Saʿsaʿah’s deed remains mentioned by the historians. (Diwan al Farazdaq 82; al Ahad wa al Mathani 1197, 2/402; al Duʿafaʾ 775, 2/228; al Muʿjam al Kabir 7412, 8/76; al Tarikh al Kabir 4/319; Majmaʿ al Zawaʾid; al Isabah 4072, 3/430.)
Marriage Before Islam
Marriage in jahiliyyah had several corrupt forms. ʿAʾishah, may Allah be pleased with her, said that there were four kinds of marriage: the normal marriage known today; istibdaʿ (seeking a child from another man), where a husband sent his wife to a noble man for pregnancy; a form where fewer than ten men had relations with one woman and she attached the child to whomever she chose; and prostitution, where women placed flags on their doors. When Muhammad ﷺ came with truth, he cancelled all the jahiliyyah marriages except the sound marriage. (Sahih al Bukhari 5127; Fath al Bari 9/188.)
Slave girls were also forced into zina (unlawful sex) for payment. Allah forbade this. (al Nur: 33.) Muslim reported that this verse was revealed because ʿAbd Allah ibn Ubayy forced his slave girls Musaykah and Umaymah into zina, so they complained to the Prophet ﷺ. (Sahih Muslim 3029a.) The verse condemns forcing them, and the phrase about wanting chastity is not a limiting condition, but shows the ugliness of forcing those who wanted purity. (Tafsir al Baghawi 3/344; al Kashshaf 3/245; Tafsir al Qurtubi 12/254; Tafsir Ibn Kathir 3/290.)
Orphan girls were also oppressed. A guardian might marry an orphan girl for her beauty and wealth while reducing her mahr (dowry), or prevent her from marrying someone else so her wealth stayed under his control. ʿAʾishah explained this regarding the verses on orphan girls. (al Nisa: 3; al Nisa: 127; Sahih al Bukhari 2494; Sahih Muslim 3018a; Sahih al Bukhari 4600.)
Men also had unlimited wives, and Islam limited them. Ghaylan ibn Salamah accepted Islam with ten wives, and the Prophet ﷺ told him to keep four. (Sunan Ibn Majah 1953; Musnad Ahmad 4609; Jamiʿ al Tirmidhi 1128; Sahih Ibn Hibban 4157; al Mustadrak 2779.)
Some men also gathered two sisters in marriage, and Islam ended that, as in the report of Firoz al Daylami. (Jamiʿ al Tirmidhi 1129; Musnad Ahmad 18040; Sunan Abi Dawud 2243; Sahih Ibn Hibban 4155.)
Divorce And Iddah
Before Islam, a man could divorce his wife repeatedly, then take her back near the end of her iddah (waiting period), leaving her suspended. Islam limited revocable divorce to twice. (al Baqarah: 228–229; Sunan Abi Dawud 2195; Sunan al Nasaʾi 3554; al Sunan al Kubra 14752.)
Al Qurtubi explained that jahiliyyah divorce had no fixed number, and a man could harm a woman by refusing to keep her properly or release her properly. (al Jamiʿ li Ahkam al Qurʾan, on al Baqarah: 229; Musnad al Shafiʿi 1/192; Jamiʿ al Tirmidhi 1192; al Mustadrak 3106.)
Widows also suffered a harsh iddah. A widow would stay for a year in a small poor room, wear her worst clothes, avoid perfume, water, and personal grooming, then rub herself with an animal and throw dung at the end of the year. Islam reduced the waiting period to four months and ten days. (Sahih al Bukhari 5338; Sahih Muslim 1486; Sharh Sahih Muslim 10/115.)
Financial Rights Before Islam
Women were often denied financial rights because they were not counted as having real standing. ʿUmar ibn al Khattab, may Allah be pleased with him, said: “By Allah, in the jahiliyyah we did not count women as anything, until Allah revealed about them what He revealed, and assigned to them what He assigned.” (Sahih al Bukhari 5191; Sahih Muslim 1479.) Ibn Hajar explained that Quraysh used to overpower women and leave them outside family affairs. (Fath al Bari 9/128.)
Women were even inherited like property. Ibn ʿAbbas said that when a man died, his heirs had more right to his wife than her own family. If they wished, one of them married her, married her off, or prevented her from marriage. Allah then revealed: “It is not lawful for you to inherit women against their will.” (al Nisa: 19; Sahih al Bukhari 4303.) Al Razi explained that jahiliyyah people harmed women in many ways, including inheriting the woman herself or restricting her to take her wealth. (Tafsir al Razi 10/10.) Islam cancelled this control and returned justice to women.
Some exceptions existed, such as tribes linked to women, men known by daughters’ names, and Khadijah, may Allah be pleased with her, who owned trade and hired men to manage it. These rare examples did not remove the general reality of widespread oppression. (al Ansab 1/102; al Lubab fi Tahdhib al Ansab 1/465; al Istiʿab 4/1818; al Isabah 7/600.)
The Meaning Of Rights In Sharia
A haqq (right) means something established, true, binding, and not valid to deny. Al Jurjani (d. 816AH) defined it as “what is established, which it is not valid to deny.” (al Taʿrifat 89.) The fuqaha (jurists) and usuliyyun (scholars of legal principles) used it for truth that matches reality and for established obligations, such as the right of Allah and the right of people. (al Mahsul 1/395; Irshad al Fuhul 1/439; al Madkhal al Fiqhi al ʿAmm 3/9.)
Rights divide according to who owns them. Some are pure rights of Allah, like worshipping Him alone and not associating partners with Him. Some are pure rights of people, like private ownership and the wife’s maintenance. Some combine both, with Allah’s right stronger, like the hadd (fixed punishment) for slander after it reaches the ruler. Some combine both, with the person’s right stronger, like the wife’s right to fairness in shared nights, which she may give up, as Sawdah bint Zamʿah gave her day to ʿAʾishah. (Sharh al Talwih 2/151; Sahih al Bukhari 4914; Sahih Muslim 1463.)
Rights also divide into financial and non financial rights. Financial rights include ownership, mahr, and maintenance. Non financial rights include honour, dignity, travel by land and sea, and the wife’s right to kind companionship. (al Madkhal al Fiqhi al ʿAmm 3/15; al Isra: 70; al Nisa: 19.)
Rights are established by Sharia. Al Shatibi (d. 790AH) said the servant’s right only became his right because Sharia established it for him. (al Muwafaqat 2/377.) Rights and duties protect benefit and remove harm. ʿIzz ibn ʿAbd al Salam (d. 660AH) said all Sharia is benefit, either removing harm or bringing benefit, and Ibn Taymiyyah (d. 728AH) said Sharia came to complete benefits and reduce harms. (Qawaʿid al Ahkam 2/25; Minhaj al Sunnah 2/31.)
Equality And Difference Between Men And Women
Calls for total equality between men and women ignore created differences and can lead to injustice rather than fairness. The woman differs from the man in body, function, needs, and ability. Sharia gives equal rulings where the reason for the ruling is shared, and different rulings where the reason differs. This is justice, not oppression.
The hadith “Women are the counterparts of men” establishes that women share the general legal address with men unless evidence makes a ruling specific to one side. The hadith is hasan through its combined routes. (Sunan Abi Dawud 236; Musnad Ahmad 26195; Jamiʿ al Tirmidhi 113; Sunan al Darimi 764; al Silsilah al Sahihah 2863.)
Ibn al Qayyim (d. 751AH) explained that Sharia separates rulings where meanings differ and joins rulings where meanings are shared. No case receives a ruling except because of the meaning that calls for it. (Iʿlam al Muwaqqiʿin 2/75.)
Because of this, men and women are equal in iman (faith), salah (prayer), fasting, hajj, zakah, ownership, and legal responsibility. They differ in some matters because of harm, ability, or the fair division of duties, such as mahram (unmarriageable male relative) travel, custody, jihad, maintenance, and home care.
Women In The Qur’an’s Legal Address
The Qur’an addresses women and men together through general calls such as “O mankind” and “O you who believe”. At the start of Surah al Nisa, Allah reminds all people that they were created from a single being and that many men and women spread from that origin. (al Nisa: 1.) Adam عليه السلام and Hawwa were both commanded in Paradise, and both were addressed after the mistake. (al Baqarah: 35; al Aʿraf: 22.)
Women were also named directly in Qur’an verses to make their inclusion clear. Umm Salamah, may Allah be pleased with her, asked about women being mentioned in hijrah (migration), so Allah revealed that He does not waste the work of any worker, male or female. (Al ʿImran: 195; Musnad al Humaydi 1/144, 301; Sunan al Tirmidhi 3023; al Mustadrak 3174.)
Umm Salamah also asked why women were not mentioned like men, so Allah revealed the verse naming Muslim men and Muslim women, believing men and believing women. (al Ahzab: 35; Musnad Ahmad 26575; Sunan al Nasaʾi al Kubra 11405; Tafsir al Tabari 22/10.)
Women also gave their own bayʿah (pledge), showing their independent responsibility before Allah. (al Mumtahanah: 12; Sahih al Bukhari 3946; Sahih Muslim 1866.)
Men gave the same pledge, which became known as the pledge of women. (Sahih al Bukhari 6787.) Men and women are both commanded to lower the gaze and protect chastity. (al Nur: 30–31.) The fuqaha agreed that the basic conditions of responsibility, Islam, maturity, and sound mind, apply to both male and female. (Sharh al ʿUmdah 4/34; al Thamar al Dani 1/14; Kifayat al Talib 1/18; Irshad al Nuqqad 1/88.)
Equality In Legal Punishments
Islam made punishments equal for men and women when the offence is the same. In theft, Allah mentioned the male thief and female thief together. (al Maʾidah: 38–39.) When the Makhzumi woman stole and Quraysh wanted intercession, the Prophet ﷺ said: “By Allah, if Fatimah bint Muhammad stole, I would cut her hand.” This showed that status, family, and gender do not change Allah’s law. (Sahih al Bukhari 3288; Sahih Muslim 1688; Fath al Bari 12/95.)
In slander, Allah mentioned accusing chaste women because this was the most common and most painful case, but the ruling includes men by meaning and agreement. (al Nur: 4; al Jamiʿ li Ahkam al Qur’an 12/172.) Hamnah bint Jahsh was punished for taking part in the slander of ʿAʾishah, just as men were punished. (Musnad Ahmad 24066; Sunan Abi Dawud 4474; Sunan Ibn Majah 2567; Sunan al Tirmidhi 3181; al Sunan al Kubra 16909; Sahih Sunan Abi Dawud 4474.)
Liʿan (mutual oaths) protects both spouses when a husband accuses his wife and has no witnesses. His oaths replace witnesses, and her oaths remove punishment from her. (al Nur: 6–10.) The reports of Hilal ibn Umayyah and ʿUwaymir al ʿAjlani explain the revealed ruling. (Sahih al Bukhari 4469; Sahih Muslim 1496; Sahih al Bukhari 5002; Sahih Muslim 1492.) Ibn Hajar explained that “anger” is mentioned for the woman’s fifth oath because false denial can corrupt lineage, inheritance, and family relations. (Fath al Bari 9/440.) Ibn Kathir and Abu al Suʿud gave similar explanations about the stronger warning in her case. (Tafsir Ibn Kathir 3/266; Tafsir Abi al Suʿud 6/159.)
In zina, the unmarried man and woman receive one hundred lashes, and the married adulterer, male or female, is stoned according to the overwhelming body of the ulama, with the Khawarij as the known exception. (al Nur: 2; Sahih al Bukhari 2549; Sahih Muslim 1697; Sahih Muslim 1690; al Mughni 9/39; Fath al Bari 12/117.) The Ghamidiyyah woman’s repentance showed that punishment can become purification, and the Prophet ﷺ praised her repentance. (Sahih Muslim 1695.)
Equal Reward And Warning In The Hereafter
Allah promised reward to believing men and believing women alike. He does not waste the work of any worker, male or female. He promised Paradise, a good life, forgiveness, and acceptance of repentance to both. (Al ʿImran: 195; al Nisa: 124; al Tawbah: 72; al Nahl: 97; al Ahzab: 73; al Fath: 5–6; Muhammad: 19.)
Khadijah, may Allah be pleased with her, received greetings of peace from Allah and Jibril, and glad news of a house in Paradise made of hollow pearl, with no noise and no tiredness. (Sahih al Bukhari 7054; Sahih Muslim 2432.) Al Suhayli said the reward matched her deed, because her home was the first home of Islam, and she supported the Prophet ﷺ without argument or exhaustion. (al Rawd al Unuf 1/416–417.)
Ibn Hajar added that the Prophetic household returns to her through Fatimah, may Allah be pleased with her, and that her steady character matched the description of smooth hollow pearl. (Fath al Bari 7/138.)
Fatimah bint Muhammad ﷺ was given glad news as the chief of the women of Paradise or the believing women. (Sahih al Bukhari 3426; Sahih Muslim 2450.) The best women of Paradise were named as Khadijah, Fatimah, Asiyah, and Maryam. (Musnad Ahmad 2668; Sunan al Nasaʾi al Kubra 8355; Sahih Ibn Hibban 7/206; al Mustadrak 4852.)
Umm Zufar, a black woman who had seizures, chose patience over being healed, and asked only that she not become uncovered. Ibn ʿAbbas called her a woman from the people of Paradise. (Sahih al Bukhari 5328; Sahih Muslim 2576; Fath al Bari 10/115.)
Women who lose two or three children and seek reward from Allah are promised protection from the Fire and entry into Paradise. (Sahih al Bukhari 101; Sahih Muslim 2632–2633; Fath al Bari 3/119.)
Warnings also came for women who disobey Allah. The Prophet ﷺ warned women to give charity and seek forgiveness, because many women were seen among the people of the Fire due to frequent cursing and ingratitude to husbands. (Sahih al Bukhari 298; Sahih Muslim 79.)
He also warned against “clothed but naked” women who cause others to lean and lean themselves, with heads like camel humps. The ulama explained this as including see through clothing, lack of gratitude, uncovering through dress, turning away from obedience, leading others to blameworthy actions, proud swaying, and hair styles that imitate raised camel humps. (Sahih Muslim 2128; Sharh Sahih Muslim 14/109–110; al Tamhid 3/204; Mashariq al Anwar 1/392; Fayd al Qadir 1/361; al Mufhim 5/450.)
Women’s Right To Knowledge
Knowledge has a high rank in Islam. Allah raises the people of knowledge, made them witnesses to His Oneness, and began revelation with the command to read. (al Mujadilah: 11; Al ʿImran: 18; al ʿAlaq: 1–5.) The pen is honoured because Allah taught by it, swore by it, and commanded writing in the verse of debt. (al Qalam: 1–2; al Baqarah: 282; al Tafsir al Kabir 32/15–18; Adwaʾ al Bayan 9/12–19.)
The Prophet ﷺ appointed scribes for revelation, used letters in daʿwah, and accepted teaching writing as ransom for prisoners of Badr, showing the high value of literacy. (Zad al Maʿad 1/68; al Istiʿab 3/920; Sunan Ibn Majah 2157; Musnad Ahmad 2216; al Mustadrak 2621; al Sunan al Kubra 12626.)
Women share this duty because they are legally responsible for belief, salah, fasting, zakah, hajj, purity, and lawful conduct. The Prophet ﷺ gave two rewards to the man who taught his slave woman well, disciplined her well, freed her, and married her. Ibn Hajar said free women are even more deserving of being taught Allah’s obligations and the Sunnah. (Sahih al Bukhari 97; Fath al Bari 1/190.)
The Prophet ﷺ personally taught women in public gatherings. On Eid, he went to the women with Bilal, advised them, and commanded them to give charity. (Sahih al Bukhari 98; Sahih Muslim 885; Fath al Bari 1/192.) Women also requested a specific day for learning, saying men had taken much of his time, so he appointed a day and taught them. (Sahih al Bukhari 101; Sahih Muslim 2633; Fath al Bari 1/262.)
Women were ordered to attend Eid, including young women, women normally kept behind veils, and menstruating women, who stayed away from the prayer area but witnessed good and the duʿa (supplication) of the Muslims. (Sahih Muslim 183.) Women also understood that general calls included them. Umm Salamah heard “O people” and said, “I am among the people.” (Sahih Muslim 2295.)
Fatimah bint Qays attended the masjid when the caller announced a gathered prayer, and she heard the Prophet ﷺ speak about al Dajjal. (Sahih Muslim 2942.) Umm Hisham memorised Surah Qaf from the Prophet’s Jumuʿah sermon. (Sahih Muslim 873; Sharh Sahih Muslim 6/161.)
Women’s Right To Fatwa
Fatwa (religious ruling) is serious because the mufti speaks about Allah’s ruling. Being male is not a condition. Al Nawawi said the mufti must be legally responsible, Muslim, trustworthy, safe, far from sin, strong in fiqh, sound in mind, firm in thought, correct in understanding and deduction, and alert, and that this applies to the free person, slave, woman, blind person, and mute if understood. (Adab al Fatwa.) Al Shahrazuri said being free and male are not conditions for the mufti. (Adab al Mufti wa al Mustafti 106.)
Ibn al Qayyim counted ʿAʾishah, may Allah be pleased with her, among those who gave many fatwas, Umm Salamah among those who gave a medium amount, and many other women among those who gave fewer fatwas. (Iʿlam al Muwaqqiʿin 1/12–13.)
Masruq said the elder Sahabah asked ʿAʾishah about inheritance shares, and Abu Musa said no difficult hadith came to them except that they found knowledge of it with her.
Examples are of women giving rulings on purity, witr, janabah, matters related to ghusl, a widow’s iddah, the farewell tawaf, the reward for attending a funeral, self praising names, excessive checking for purity at night, and oaths connected to divorce. ʿAʾishah corrected the washing of garments after a wet dream, explained the Prophet’s witr and janabah practice, and settled the dispute over when ghusl becomes obligatory. (Sahih Muslim 290; Sahih Muslim 307; Sahih Muslim 349.)
Umm Salamah answered the question about Subayʿah al Aslamiyyah, showing that a pregnant widow’s iddah ends by childbirth. (Sahih Muslim 1485; Sharh Sahih Muslim 10/109.) A woman from the Ansar confirmed Ibn ʿAbbas’s fatwa that a menstruating woman may leave before the final tawaf. (Sahih Muslim 1328; Musnad al Tayalisi 1651.)
ʿAʾishah confirmed Abu Hurayrah’s report about the two qirat reward for following a funeral. (Sahih Muslim 945.)
Zaynab bint Abi Salamah reported the forbiddance of self praising names like “Barrah”. (Sahih Muslim 2142.)
The daughter of Zayd ibn Thabit criticised harsh checking for purity at night. (al Muwatta 129; Fath al Bari 1/421.)
Layla bint al ʿAjmaʾ’s oath case was answered by women and Ibn ʿUmar through expiation rather than separation. (Musannaf ʿAbd al Razzaq 8/486.)
Women’s Right To Daʿwah
Daʿwah (calling to Allah) belongs to believing men and believing women. Allah praised the one who calls to Him, does righteous deeds, and says he is from the Muslims. (Fussilat: 33.)
The Prophet ﷺ said that if Allah guides one man through a person, it is better than red camels. (Sahih al Bukhari 2847; Sahih Muslim 2406; Fath al Bari 7/478.)
The believer from Ya Sin wished guidance for his people even after entering Paradise. (Ya Sin: 26–27.)
Women called to Allah and had deep influence. A woman with water skins met the Prophet ﷺ and saw a miracle when the people drank and filled their containers without her water decreasing. She returned to her people, told them what happened, and later said the Muslims were deliberately leaving her clan, so they entered Islam through her call. (Sahih al Bukhari, report of ʿImran ibn Husayn; Fath al Bari 1/451–452; Sharh Sahih Muslim 5/192.)
Umm Sulaym accepted Islam while her husband opposed her. She taught Anas the two testimonies, corrected her husband when he accused her of apostasy, and later presented Islam to him. (al Tabaqat 8/425; al Siyar 5/305; al Istiʿab 4/1940.)
After her husband died, Abu Talhah proposed to her, and she made his Islam her mahr. He accepted Islam, and Thabit said he had not heard of a woman with a more noble mahr than Umm Sulaym. (al Tabaqat 8/427; Sunan al Nasaʾi 3341; al Mukhtarah 4/427; Fath al Bari 9/115.)
Abu Talhah later stood firm at Uhud, defending the Prophet ﷺ. (Sahih al Bukhari 8373; Fath al Bari 7/128.)
Umm Hakim gained safety for her husband ʿIkrimah ibn Abi Jahl after the Conquest of Makkah, travelled after him, urged him to accept Islam, and warned him that their marriage would end if he remained on disbelief. He returned and accepted Islam, later becoming known for good effort in Islam. (Tarikh Madinat Dimashq 41/61; Tahdhib al Kamal 20/248; Usd al Ghabah 4/121; al Isabah 4/538.)
Fatimah bint al Khattab was a cause for ʿUmar ibn al Khattab accepting Islam. She and her husband had accepted Islam secretly, Khabbab was teaching them Qur’an, and when ʿUmar struck her and saw her blood, he softened. She refused to let him touch the page until he washed, then he read from Surah Ta Ha and moved toward Islam. (al Thiqat 1/75; al Nihayah 5/289.)
At al Yarmuk, Muslim women scolded men who fled and pushed them back to firmness. Ibn Kathir said they fought and killed many Romans, and when they shamed the men who retreated, those men returned to battle. Hind bint ʿUtbah struck Abu Sufyan’s horse and told him to return to the fight. (al Bidayah wa al Nihayah 7/13; al Futuh 1/202–203.)
Suʿda bint ʿAwf encouraged her husband Talhah to give away wealth that had troubled him. When he said money had gathered with him and upset him, she told him to call his people and distribute it. He gave out four hundred thousand. (al Zuhd by Ahmad; al Tabaqat 3/220; al Muʿjam al Kabir 1/112; Majmaʿ al Zawaʾid 9/148; Sahih al Targhib wa al Tarhib 925.)
Khadijah, may Allah be pleased with her, supported the Prophet ﷺ from the first moment of revelation. When he returned afraid, she reassured him by mentioning his truthfulness, family ties, support for the weak, generosity, honouring guests, and helping people in hardship. Then she took him to Waraqah ibn Nawfal, who confirmed the meaning of what had occurred. (Sahih al Bukhari 3; Sahih Muslim 159; al Isabah 7/600.)
The Need For Women Callers
The Muslim woman has a strong role in daʿwah because she can reach women in ways men often cannot. She understands women’s conditions closely, knows what mistakes appear among them, can arrange priorities in teaching them, and can carry out personal daʿwah within Sharia limits.
Modern life has increased women’s contact through study, work, family gatherings, and online spaces, so the need for knowledgeable women callers has become greater.
Women are also often the main target of cultural pressure, so their defence of Qur’an, Sunnah, modesty, and Sharia foundations can be especially powerful.
A righteous woman’s conduct and appearance can become daʿwah by example, showing other women the way of the Messenger of Allah ﷺ in living form.
Full Article
First Topic: The Position of Women in Some Ancient Civilisations and Other Religions
Throughout history, and across nations and civilisations, women were often stripped of identity, deprived of legal capacity, denied freedom, and given little value or standing.
Rather, in most situations, apart from the periods when Allah sent His messengers, women suffered many kinds of injustice, humiliation, oppression, and hardship, shaped by misguided desires or corrupt beliefs.
China
In Chinese society, a woman was treated as property that could be bought and sold. She was deprived of both tangible and intangible rights, and her birth was seen as bad luck and an evil sign. Throughout her life she was required to obey three people: her father, her husband, and the eldest brother if the father was absent, or the son if the husband was absent. Will Durant said that she was dependent on the man and spent her life obeying him, and she was deprived of all her social and financial rights. She was seen as incapable and had no control over her affairs. The man was her guardian in all of this, and she did not deserve education or cultivation. (Qissat al Hadarah 4/1/272.)
If she married, she moved to her husband’s home and was called by his name. The married woman was called “Fu”, meaning “submission”, as a sign of complete submission to her husband. If her husband died, the widow was required not to marry after him, and at first it was demanded that she burn herself to honour him.
Here is a summary of what she suffered: in old Chinese writings, a woman was called “the painful waters” that corrupt society or sweep away happiness and wealth. She was an evil that a man kept by his own choice, and he could get rid of her in any way he liked, even by selling her like a slave and property. In China there were about three million female slaves in 1937 CE. They might prevent a woman from marriage if her husband died, so she remained like an animal serving in the house with no human right, like donkeys and mules. (al Marʾah fi al Tasawwur al Islami by ʿAbd al Mutaʿal al Jabri 156–157.)
India
Her situation in India was not better. Their sacred books made women lower than men from the first creation. In the legends of Manu, it says: “When he created women, he imposed on them love of beds, seats, adornment, filthy desires, anger, stripping away honour, and bad conduct. Women are filthy like falsehood itself, and this is a fixed rule.” (al Marʾah fi al Tarikh wa al Shariʿah by Asʿad al Humrani 25.)
From this it becomes clear that, in their belief, a woman is a symbol of temptation, a banner of evil, and a source of impurity. This is an unjust view with no sound reason. The Indians dressed it in a religious garment until it became a belief people were raised upon.
What is surprising is that the Indians, who counted women as a source of vices that must be kept away, turned their temples into centres of prostitution. This creates a contradiction in Indian thought. In every temple in “Tamil” there is a group of “sacred women” whom the temple first uses for dancing and singing in front of idols, then it becomes possible that they are used after that to please the Brahmin priests. (the previous source 27.)
As for Buddha’s view of women, it does not differ much from Manu’s view. Buddha considered women a danger to his call. Because of that, Buddha hesitated a lot before accepting women among his followers. One time, one of his close people, his cousin “Ananda”, asked him: “How should we deal with women, master?” He answered: “Do not look at them.” He said: “But if we are forced to look at them?” He said: “Do not speak to them.” He said: “But if we speak to them?” He said: “Then be in complete caution of them.” (Adyan al Hind al Kubra by Ahmad Shalabi 74.)
Indian laws also required the wife to devote herself to loving and obeying her husband, and to be patient with hardship with him. They required her to serve her husband as if he were a god.
A woman had no right to independence from her father, her husband, or her son. If all of them died, she had to belong to a man from her husband’s relatives. She remained incapable all her life. She had no right to live after her husband’s death. Rather, she was required to die on the day he died, and to burn with him while alive on one fire. This custom continued until the seventeenth century, when it was abolished against the strong dislike of Indian religious men. (al Marʾah bayn al Fiqh wa al Qanun by Mustafa al Sibaʿi 17.)
Persia
Because the Persians were a warlike nation, they preferred males over females, because males were the backbone of the army in war. As for girls, they would grow up for others, and others would benefit from them, not their fathers.
Old Persian women were affected by three religious currents: from Zoroastrianism, to Manichaeism, to Mazdakism. Each religion left clear traces on family and society. It is enough to know what Mazdakism brought. Mazdak appeared in 487 CE and called to the same approach Zoroaster used, claiming duality in the universe and that it came from two roots: light and darkness. But he gave light and darkness another meaning different from Mani and Zoroaster. He saw light and darkness as brothers. From there, he said all people are equal, and if they are equal, then they should live in equality. The most important thing to share equally is money and women.
Al Shahrastani (d. 548AH) said: “Mazdak used to forbid people from opposition, hatred, and fighting. Since most of that is because of women and money, he made women lawful, permitted wealth, and made people share them, like their sharing water, fire, and air.” (al Milal wa al Nihal 2/86.)
Al Tabari (d. 310AH) said: “Mazdak and his companions claimed that Allah only placed provisions in the earth so that servants would share them with fairness, but people wronged each other in them. They claimed they take for the poor from the rich, and return from those with much to those with little. Whoever has extra wealth, women, or goods is not more entitled than anyone else.
The low people accepted that, took advantage of it, supported Mazdak and his companions, and followed them. People were tested by them, and their matter grew strong, until they would enter a man’s home and overpower him over his house, his women, and his wealth. They pressured Qubadh to beautify that, and threatened to remove him. It was not long before a man among them did not know his son, and a newborn did not know his father, and a man owned nothing…” (Tarikh al Umam wa al Muluk 2/98.)
This continued until Kisra Anushirwan ended it.
Women were under the absolute authority of the man, who could put her to death or let her live as he pleased. She was like merchandise in his hands.
Women were also considered lowly because of natural matters such as menstruation and post birth bleeding. They were kept away from homes at that time and placed in small tents outside the city or village. Mixing with them was completely forbidden. They believed misfortune would strike if they touched them, or touched their tents, or the things around them. (al Marʾah bayn al Qadim wa al Hadith by ʿUmar Rida Kahhalah 1/132.)
Romans
The Romans began by preserving the family system and standards of honour, in line with the level of morals that controlled them early on. The mother was respected and honoured. Prostitutes and those who kept company with them were not respected, even though they were somewhat widespread in major cities. When the Romans went deeper into civilisation, their morals gradually softened. Mixing, attending gatherings, and attending parties became a way to show a woman’s beauty and compete to please her or tempt her. Obscenity increased among major families after families once took pride in their young men guarding chastity.
Marriage became no more than a civil contract that continued only by the satisfaction of the two parties. Because of that, marriage bonds were broken for the smallest reasons.
Because of this looseness, their view of unlawful relations changed, and fornication and indecency became widespread.
Roman law considered the female a cause of legal incapacity, like being under age or insanity. She had no legal capacity and no legal personality.
The authority of the head of the household over his sons and daughters continued until he died, no matter how old they became. He also had authority over his wife, the wives of his sons, and the wives of his grandsons. This authority included selling, banishing, torturing, and killing. The head of the household owned all wealth in the family, so no one had the right to own property.
The Romans had a type of marriage called “marriage of authority”, in which the woman entered the authority of her husband, became like his daughter, and her tie to her first family was cut. His authority reached the point that if she was accused of a crime, she was handed to him to try and punish her himself. He could sentence her to death for some accusations, such as treason. If her husband died, she came under the guardianship of his male sons, or his brothers, or his uncles. (al Islam wa Qadaya al Marʾah by al Bahi al Khuli 11–12, and al Marʾah bayn al Fiqh wa al Qanun by Mustafa al Sibaʿi 15.)
This makes clear that in Roman civilisation, a woman was stripped of human and legal capacity.
Greeks
Although the Greeks were among the most advanced ancient nations in civilisation, women among them were seen as a model that represented the source of human misery and pain. They called her filth from the work of Satan. She was seen as lacking reason and had no right to education.
Aristotle said: “Nature did not equip women with any reliable intellectual readiness. Because of that, her upbringing should be limited to household management, motherhood, and nurturing, and the like.” Then he said: “There are three who have no control over themselves: the slave has no will, the child has an incomplete will, and the woman has a will but it is incapable.” (al Marʾah min Khilal al Ayat al Qurʾaniyyah by ʿIsmat al Din Karkar 27.)
If we move to Plato, the leader of the rational school, we do not find him better. He placed women in the rank of children and servants and saw men as higher than women. Euripides noted that women are incapable and not fit for good work, rather they are tools of evil and spreading harm in society. (al Marʾah bayn al Qadim wa al Hadith by ʿUmar Rida Kahhalah 170.)
Women in Athens were limited to housework and serving the home. In Sparta, they were given some civil rights, not out of generosity or recognition of women’s capacity, but because the warlike society needed strength. They trained Spartan girls in physical sport, wrestling, throwing the discus and spear, and the like.
Greek law stripped women of civil rights and placed them under the absolute control of men in all stages of life. It saw her as property of her guardian before marriage and property of her husband after marriage. She was like discarded property that could be bought and sold. They did not give her a right in inheritance. (al Marʾah fi al Tasawwur al Qurʾani by Sawsan al Hawwal 29.)
After this quick review of ancient civilisations, I leave the reader a chance to reflect and to sense the kinds of oppression and humiliation that women suffered in societies devoid of mercy and enslaving the weak. Then I move to the state of women under earlier altered religions, where women lived in paths of humiliation and contempt, and their humanity was wasted because those revealed religions were altered from their proper place. The Jews counted her as the cause of the first sin, and the Christians counted keeping away from women as the foundation for entering the kingdom of heaven.
Judaism
Jewish systems carried desert traits, and their Bedouin customs remained dominant over their generations. The Torah points to their desert origin. In Deuteronomy it says: “The Lord’s portion is the people of Jacob… He found him in a desert land, in a barren, howling waste… He made him ride on the high places of the land, and he ate the produce of the desert, and He made him suck honey from the rock, and oil from the flinty rock.” (the Bible, Deuteronomy 32, verses 9–13, p 232.)
This is supported by what Prophet Yusuf said, mentioning Allah’s favour upon him and his parents when he brought them from the desert. Allah تعالى said:
وَقَدْ أَحْسَنَ بِي إِذْ أَخْرَجَنِي مِنَ السِّجْنِ وَجَاءَ بِكُمْ مِنَ الْبَدْوِ
“And He has been good to me when He took me out of prison and brought you from the desert.” (Yusuf 100)
Because of this, the law of Israel was built on what a warlike nation requires: women’s submission to men, and the desire for many children, which is a necessity of war where women do not benefit in that way.
The Jews counted women as a curse, and that she tempted Adam and caused him to fall into disobedience. In the Torah, it says the Lord asked Adam: “Have you eaten from the tree that I commanded you not to eat from?” Adam said: “The woman you placed with me, she gave me from the tree and I ate.” (Genesis 3, verses 11–12.)
There is no doubt this is a distortion of words from their proper places. Their stance toward women is one that accuses her from the beginning. In the Old Testament, about women it says: “I turned, I and my heart, to know and to search and to seek wisdom and reason, and to know wickedness is folly and foolishness is madness. And I find more bitter than death the woman whose heart is snares and nets, and her hands are chains.” (Ecclesiastes 7, verses 25–26. It will come later: Islam’s stance regarding Adam and Hawwa eating from the tree, p 375.)
Jewish law deprives women of most civil rights across life stages, placing her under the guardianship of her father and family before marriage, and under her husband after marriage, lowering her in both states to the rank of a slave. It even permits a poor father to sell his daughter like a slave. Exodus says: “If a man sells his daughter as a slave, she shall not go free as male slaves go free.” (Exodus 3, verse 8.)
Whoever looks at women in Jewish society finds that it is not different from primitive societies. She is owned by her father before marriage, then bought from him at marriage, because the dowry was paid to her father or her brother as a price of purchase. So she becomes owned by her husband, who is her absolute master. Their contract is a contract of authority, not a marriage contract. (Huqūq al Marʾah wa Wājibātuhā fī Ḍawʾ al Kitāb wa al Sunnah by Fatimah Nasif 34.)
In Jewish law, a woman is inherited as part of the dead person’s estate. If her husband dies, his heir inherits her with the other possessions, and he may sell her or prevent her. Deuteronomy says: “If brothers live together and one of them dies and has no son, the wife of the dead man shall not be married outside to a stranger. Her husband’s brother shall go in to her, take her as his wife, and perform the duty of a husband’s brother to her.” (Deuteronomy 25, verse 5, p 318.)
So the widow, called among the Jews “Yabamah”, becomes automatically a wife for her husband’s brother or his paternal brother, especially if she did not have a son from the first husband, whether she likes it or hates it. No one else is lawful for her as long as he is alive unless he renounces her.
It is obvious that a woman who is inherited like property has no right to inherit. The rule was that if a man dies without sons, his brothers or his clan inherit him. Women have no share of what a man leaves, rather they were inherited. Later, the Torah gave inheritance to the daughter if the father had no sons, on the condition she marries a man from her clan. Numbers says: “Every daughter who inherits among the tribes of the children of Israel shall marry one of the family of the tribe of her father.” (Numbers 36, verse 8, p 376.)
They also said a woman is not pure from the day she begins to feel her monthly cycle approaching, even if there is no clear sign. The husband must not touch her, not even with his little finger. He must not hand her anything, even something long. Passing things hand to hand is also forbidden. He must not eat with her at the same table unless something separates his plate from hers. He must not drink what remains from her cup.
They must not sleep in the same bed, and must not ride together in one cart or one boat. If they work in one place, they must not touch. If her husband is ill and no one can care for him except her, it is permitted as long as she does not touch him directly. But if the woman becomes ill, her husband is not permitted to care for her, even if he does not touch her. (Majmuʿah min al Qawanin al Yahudiyyah wa al ʿAdat by Rabbi Abi Salman Jaz Fried 22.)
From this, it becomes clear that in altered Judaism, a woman is an evil that is “necessary”, and a beloved calamity.
Christianity
Women in altered Christianity were not better than women in Judaism. They counted her as the origin of sin and the head of evil, because she was the cause of all corruption and the cause of Adam leaving Paradise. The author of al Marʾah fī Mukhtalif al ʿUsūr said: “The story of Adam and Hawwa had the strongest effect in harming women in some Christian periods. Men like Tertullian held that women are Satan’s helpers on earth. Is she not the one who obeyed Satan and disobeyed Allah’s words? This view, which Tertullian greatly explained and spread its outcomes, affected the history of Christian women and was among the strongest causes that held her back from progress in many periods.” (al Marʾah fī Mukhtalif al ʿUsūr by Dr Ahmad Khaki 33.)
Women were therefore required to behave in a certain way even inside the church. Paul issued strict orders to his followers. The author of Qissat al Hadarah said: “Let your women be silent in the churches, for it is not permitted for them to speak. If they want to learn anything, let them ask their men at home, for it is shameful for women to speak in the church.” (Qissat al Hadarah by Will Durant 3/278.)
The thought of fear of women entered Christianity. “Kristuh” said: “A woman is an evil that is necessary, a natural temptation, an unavoidable disaster, a domestic danger, a destructive fitnah, and an evil with a coating.” (Quoted by Fatimah Nasif in Huqūq al Marʾah wa Wājibātuhā 37.)
The church labelled the marital relation between man and woman as impurity, so it should be avoided, even if through a lawful marriage. From this view, monasticism spread among many men. They avoided marriage, and people began to look down on those who openly spoke of marriage, because marriage was built on something impure. (Maqam al Marʾah fī al Islam by Mahmud Baylli 37.)
The church also forbade divorce, even when hatred between spouses reached its limit. The furthest they allowed is bodily separation, while each remains unable to marry until death separates them. (the previous source.)
In 581 CE, the famous Council of “Macon” held a conference to examine what some theologians said about the origin of women and their nature: are they bodies with spirits, with salvation and destruction connected to them, or not, and can they worship Allah like men do. (al Marʾah fi al Tasawwur al Qurʾani by Sawsan al Hawwal 41, and Huqūq al Marʾah wa Wājibātuhā.)
From here, the suffering of women under human rule becomes clear: humiliation, contempt, and many forms of disgrace, until the night of darkness cleared and the light of morning spread. Women in the Muhammadan law and the Islamic religion gained what people had deprived them of. She truly became the sister of man. So all praise is for Allah, before and after.
(For more about the states of women in ancient civilisations and earlier religions, see: al Marʾah bayn al Fiqh wa al Qanun 13–18, al Marʾah fī al Tasawwur al Qurʾani by Sawsan al Hawwal 27–42, Huqūq al Marʾah wa Wājibātuhā fī Ḍawʾ al Kitāb wa al Sunnah by Fatimah Nasif 8–38, Maqam al Marʾah fī al Islam by Mahmud Muhammad Bablly 25–38, al Islam wa Makanat al Marʾah by Muhammad ʿAbd al ʿAlim 21–46.)
Arab Women in the Jahiliyyah Period
The Qur’an and the Sunnah speak about the state of women before the rise of Islam, reminding women of the favour of liberation from the bonds of humiliation and insult, and of the honour and standing granted to them. All praise is for Allah as befits His Majesty and Great Authority.
The first demand: The position of women
The Arabs hated daughters. If one of them was given news of a newborn girl, his face would turn dark with gloom, and his heart would fill with grief. Then he would think about her end: should he keep her in humiliation, or bury her in the earth. Allah تعالى said:
وَيَجْعَلُونَ لِلَّهِ الْبَنَاتِ سُبْحَانَهُ وَلَهُمْ مَا يَشْتَهُونَ وَإِذَا بُشِّرَ أَحَدُهُمْ بِالْأُنْثَى ظَلَّ وَجْهُهُ مُسْوَدًّا وَهُوَ كَظِيمٌ يَتَوَارَى مِنَ الْقَوْمِ مِنْ سُوءِ مَا بُشِّرَ بِهِ أَيُمْسِكُهُ عَلَى هُونٍ أَمْ يَدُسُّهُ فِي التُّرَابِ أَلَا سَاءَ مَا يَحْكُمُونَ
“They assign daughters to Allah, glory be to Him, while they have whatever they desire. When one of them is given news of a girl, his face remains darkened, and he is filled with grief. He hides himself from the people because of the bad news he has received. Should he keep her in humiliation, or bury her in the earth. How evil is what they decide.” (al Nahl 57–59)
What Allah mentioned in these noble verses about their hatred of daughters is well known in their poetry. When ʿAqil ibn ʿUlfa al Murri was asked for his daughter’s hand, the “leprous” one, he said:
إني وإن سيق إلىّ المهرُ
ألفٌ وعبدان وذود عشرُ
أحب أصهاري إلىّ القبر
Meaning: even if the dowry is brought to me, a thousand, two servants, and ten camels, the dearest “in laws” to me is the grave. (al Marʾah fi al Shiʿr al Jahili by Ahmad Muhammad al Hawfi 291.)
It is also reported from ʿAbd Allah ibn Tahir that he said:
لكل أبِ بنت يراعي شؤونها … ثلاثة أصهار إذا حمد الصهر
فبعل يراعيها وخدر يكنها … وقبر يواريها وخيرهم القبر
Meaning: every father with a daughter has three “in laws” if the in law is praised: a husband who cares for her, a chamber that shields her, and a grave that hides her, and the best of them is the grave. (al Marʾah fi al Shiʿr al Jahili 290.)
They preferred the death of the daughter over her life and marriage, no matter how great the husband and how large the dowry. They used to say to someone who had a daughter: “May Allah protect you from your shame, and spare you her burden, and may the grave marry her.” (al Marʾah fi al Shiʿr al Jahili 290.)
Al Razi (d. 606AH) said in his Tafsir: as for His saying, “his face remains darkened”, its meaning is that his face changes like the change of someone in grief. It is said about someone who meets something disliked: “His face has turned black from grief.”
He then explained that the darkening of the face is a figurative way for grief, because when joy becomes strong, the chest opens, and the spirit of the heart expands from inside the heart and reaches the limbs, especially the face, because of the strong connection between them. When joy reaches the face, the face shines, glows, and lights up. But when grief becomes strong, the spirit is held back inside the heart, and little remains of it outwardly. So the face becomes dull, pale, and dark, and it shows the sign of heaviness and density. So it is established that joy leads to brightness and radiance of the face, and grief leads to darkness and change and blackening. This is why He said, “and he is filled with grief”, meaning filled with sorrow and sadness. (al Tafsir al Kabir 20/45.)
Reflect on the verse and their stance toward girls.
First, the heart fills with grief and anger, and the face turns dark, because of what they were given news of.
Second, he hides from his people because of the bad news, either so they do not see his grief and gloom, or so they do not mock him and shame him. (al Kashshaf by al Zamakhshari 2/572, Adwaʾ al Bayan by al Shinqiti 2/387.)
Third, he thinks about the end of that child and makes a decision that clashes with the humanity of the father and the girl: “Should he keep her in humiliation, or bury her in the earth.” So he is between two matters: either he keeps her alive with humiliation and disgrace, or he buries her alive in the earth. The verse ends by condemning their evil decision. They assigned to Allah what they themselves hated, and they chose for themselves what they desired.
Allah also said:
وَيَجْعَلُونَ لِلَّهِ مَا يَكْرَهُونَ وَتَصِفُ أَلْسِنَتُهُمُ الْكَذِبَ أَنَّ لَهُمُ الْحُسْنَى لَا جَرَمَ أَنَّ لَهُمُ النَّارَ وَأَنَّهُمْ مُفْرَطُونَ
“They assign to Allah what they hate, and their tongues describe lies, that they will have the best. No doubt, for them is the Fire, and they will be sent ahead.” (al Nahl 62)
The mufassirun agreed that “what they hate” means daughters. (Tafsir al Tabari 14/126, al Jamiʿ li Ahkam al Qurʾan by al Qurtubi 10/120, al Durr al Manthur 5/141, Tafsir Ibn Kathir 2/574.)
They differed about “the best”.
Al Tabari (d. 310AH) said: the “best” they claimed for themselves is sons, because they used to count daughters among their children, yet they kept the sons, and they said: “Sons are for us, and daughters are for Allah.” (Tafsir al Tabari 14/126.)
Ibn Kathir (d. 774AH) said: this condemns them for claiming, along with that, that the best is for them in this life, and if there is a return, then the best will be for them there too. He then mentioned that some of them said: “This is mine, and I do not think the Hour will happen, and if I am returned to my Lord, then I will have the best with Him.” He mentioned the supporting verses. (Tafsir Ibn Kathir 2/574.)
In any case, their words differ with ikhtilaf tanawwuʿ (a variety of wording), not contradiction, so there is no problem in understanding the verse with both meanings.
Allah also condemned their false claim:
أَلَا إِنَّهُمْ مِنْ إِفْكِهِمْ لَيَقُولُونَ وَلَدَ اللَّهُ وَإِنَّهُمْ لَكَاذِبُونَ أَصْطَفَى الْبَنَاتِ عَلَى الْبَنِينَ مَا لَكُمْ كَيْفَ تَحْكُمُونَ
“Surely, out of their lie they say, Allah has taken a child, and they are liars. (152) Has He chosen daughters over sons. What is wrong with you, how do you decide.” (al Saffat 151–154)
And He said:
وَجَعَلُوا لَهُ مِنْ عِبَادِهِ جُزْءًا إِنَّ الْإِنْسَانَ لَكَفُورٌ مُبِينٌ أَمِ اتَّخَذَ مِمَّا يَخْلُقُ بَنَاتٍ وَأَصْفَاكُمْ بِالْبَنِينَ وَإِذَا بُشِّرَ أَحَدُهُمْ بِمَا ضَرَبَ لِلرَّحْمَنِ مَثَلًا ظَلَّ وَجْهُهُ مُسْوَدًّا وَهُوَ كَظِيمٌ أَوَمَنْ يُنَشَّأُ فِي الْحِلْيَةِ وَهُوَ فِي الْخِصَامِ غَيْرُ مُبِينٍ وَجَعَلُوا الْمَلَائِكَةَ الَّذِينَ هُمْ عِبَادُ الرَّحْمَنِ إِنَاثًا أَشَهِدُوا خَلْقَهُمْ سَتُكْتَبُ شَهَادَتُهُمْ وَيُسْأَلُونَ
“They assigned to Him a portion from His servants. Truly, man is clearly ungrateful. Or has He taken daughters from what He creates, and chosen you with sons.
When one of them is given news of what he uses as an example for the Most Merciful, his face remains darkened and he is filled with grief. Is one brought up in adornment, and in argument not clear. They made the angels, who are servants of the Most Merciful, females. Did they witness their creation? Their testimony will be written, and they will be questioned.” (al Zukhruf 15–19)
And He said:
أَلَكُمُ الذَّكَرُ وَلَهُ الْأُنْثَى تِلْكَ إِذًا قِسْمَةٌ ضِيزَى
“Is the male for you and the female for Him. (21) That then is an unjust division.” (al Najm 21–22)
They even used to keep for themselves what they saw as pure, and force their women into what they saw as foul. Allah said:
وَقَالُوا مَا فِي بُطُونِ هَذِهِ الْأَنْعَامِ خَالِصَةٌ لِذُكُورِنَا وَمُحَرَّمٌ عَلَى أَزْوَاجِنَا وَإِنْ يَكُنْ مَيْتَةً فَهُمْ فِيهِ شُرَكَاءُ سَيَجْزِيهِمْ وَصْفَهُمْ إِنَّهُ حَكِيمٌ عَلِيمٌ
“They said: what is in the bellies of these cattle is exclusively for our males and forbidden to our wives, but if it is dead, then they are partners in it. He will repay them for their descriptions. He is Wise, Knowing.” (al Anʿam 139)
Ibn ʿAbbas said it means milk. They used to forbid it to their women and let their men drink it. If the sheep gave birth to a male, they slaughtered it, and it was for men, not women. If it was female, they left it and did not slaughter it. If it died, then men and women shared in it. Al Suddi said the same.
Al Shaʿbi said: the “bahirah” was such that only men ate from its milk. If something from it died, men and women ate it. ʿIkrimah, Qatadah, and ʿAbd al Rahman ibn Zayd ibn Aslam also said this. (These statements are attributed by al Tabari in his Tafsir 8/48, by Ibn Kathir in his Tafsir 2/181, and by al Suyuti (d. 911AH) in al Durr al Manthur 3/365.)
“Bahirah” means: the she camel, when it gives birth ten times, they split its ear and leave it. (As defined here.)
So what is in the bellies of cattle moves between milk or unborn young.
The Arabic linguists differed about why “khālisah” came in the feminine form.
Some grammarians of Basra and some of the Kufans said it was made feminine for emphasis of exclusivity, because when they strongly emphasised exclusivity for themselves, it resembled a form used for abundance, so it became like “rawiyah” and “nassabah”.
Some Kufan grammarians said it was made feminine because “cattle” is feminine, so what is in their bellies is like them, so it was made feminine due to that.
Al Tabari preferred the first view, and the aim is emphasis in making what is in the cattle’s bellies exclusive for their males while they forbade it to their women. (Tafsir al Tabari 8/49, al Tafsir al Kabir by al Razi 13/171.)
So look at their unjust division, and their claim that this unjust law is from Allah, and Allah is far above what they say.
It is no surprise, because the first decision at her birth was: “Should he keep her in humiliation.” So whatever division he later made followed his first decision.
The second demand: Burying daughters alive
The meaning of burying alive
The people of Jahiliyyah deprived women of their right to life as humans. They killed daughters in a horrific way, showing savagery and the absence of mercy and humanity. They buried the girl alive in the earth until she died. (al Nihayah 5/142, Lisan al ʿArab 3/443, entry: W A D.)
This matches the root meaning, because the root meaning of “waʾd” is harshness. From it, a loud harsh sound is called “waʾid”, and harsh treading on the ground is called “waʾid”. (Lisan al ʿArab 3/443) In killing a child while she is alive there is harshness that is obvious, in the father’s hardened heart, in the harshness on the oppressed girl, in the harsh loud cries of one seeking help, and in the harsh method of taking life.
How burying alive was done
Al Zamakhshari (d. 538AH) described their method: “When a man had a daughter and wanted to keep her alive, he dressed her in a coarse wool or hair garment so she could graze camels and sheep for him in the desert. If he wanted to kill her, he left her until she became six years old, then he said to her mother: perfume her and adorn her so I can take her to her relatives by marriage. He had already dug a well in the desert. He took her to the well and said: look into it, then pushed her from behind and poured earth over her until the well became level with the ground. It is also said: when a pregnant woman was close to giving birth, she dug a hole and went into labour at its edge. If she gave birth to a girl, she threw her into the hole, but if she gave birth to a boy, she kept him.” (al Kashshaf 4/708.)
Reasons for burying daughters alive
First, their hatred of females. (Fath al Bari 10/406.) Allah mentioned this in His Book:
وَإِذَا بُشِّرَ أَحَدُهُمْ بِالْأُنْثَى ظَلَّ وَجْهُهُ مُسْوَدًّا وَهُوَ كَظِيمٌ يَتَوَارَى مِنَ الْقَوْمِ مِنْ سُوءِ مَا بُشِّرَ بِهِ أَيُمْسِكُهُ عَلَى هُونٍ أَمْ يَدُسُّهُ فِي التُّرَابِ أَلَا سَاءَ مَا يَحْكُمُونَ
“When one of them is given news of a girl, his face remains darkened, and he is filled with grief. He hides himself from the people because of the bad news he has received. Should he keep her in humiliation, or bury her in the earth. How evil is what they decide.” (al Nahl 58–59)
This is why it comes after that:
وَيَجْعَلُونَ لِلَّهِ مَا يَكْرَهُونَ
“They assign to Allah what they hate.” (al Nahl 62)
Second, fear of capture and shame, so they killed them out of tribal pride and jealousy. It is said the first to do this was Qays ibn ʿAsim al Tamimi. Al Nuʿman ibn al Mundhir raided them after Tamim stopped paying tribute, so he fought them, captured their women, and took Qays’s daughter as his own. Then a reconciliation happened, and he gave Qays’s daughter a choice, and she chose her husband. So Qays swore that no daughter would be born to him except he would bury her alive, and the Arabs followed him in that. (Fath al Bari 10/406.) It is also reported that Qays buried alive more than ten daughters. (Bulugh al Arab by Shukri al Alusi 3/43.)
Third, another group among the Arabs killed their children generally, either because they hated what reduced their wealth, or because they lacked what they could spend. Allah mentioned them in the Qur’an:
أَلَّا تُشْرِكُوا بِهِ شَيْئًا وَبِالْوَالِدَيْنِ إِحْسَانًا وَلَا تَقْتُلُوا أَوْلَادَكُمْ مِنْ إِمْلَاقٍ نَحْنُ نَرْزُقُكُمْ وَإِيَّاهُمْ
“Do not associate anything with Him, and be good to parents, and do not kill your children because of poverty. We provide for you and for them.” (al Anʿam 151)
And He said:
وَلَا تَقْتُلُوا أَوْلَادَكُمْ خَشْيَةَ إِمْلَاقٍ نَحْنُ نَرْزُقُهُمْ وَإِيَّاكُمْ إِنَّ قَتْلَهُمْ كَانَ خِطْئًا كَبِيرًا
“Do not kill your children out of fear of poverty. We provide for them and for you. Truly, killing them is a great sin.” (al Isra 31)
These two verses are general, forbidding killing children, boys and girls. Yet girls enter first, because it is known from Arab customs in Jahiliyyah that they buried daughters alive. Al Razi (d. 606AH) said in his Tafsir, while explaining Surah al Anʿam: the meaning is to forbid burying alive, because they used to bury daughters alive, some out of jealousy, and some out of fear of poverty, and this was the most common reason. (al Tafsir al Kabir 13/190.)
Among those who understood the verse of al Isra as including burying daughters alive are Qatadah, al Baghawi (d. 516AH), al Zamakhshari, al Qurtubi (d. 671AH), al Baydawi (d. 685AH), and Ibn Kathir. (It is attributed to Qatadah by al Suyuti in al Durr al Manthur 3/383. Also see: Maʿalim al Tanzil 3/113, al Kashshaf 2/62, al Jamiʿ li Ahkam al Qurʾan 7/132, Anwar al Tanzil 3/443, Tafsir Ibn Kathir 3/39.)
This does not mean they never killed sons out of poverty, but most killing fell on daughters.
Also note the difference between the two verses, by the pronoun order, as explained: in al Isra, the verse presents providing for the children first, while in al Anʿam it presents providing for the parents first. This is to point to the root cause in each situation: in one, poverty is already present, and in the other, it is fear of future poverty. (Tafsir Abi al Suʿud 5/169.)
They killed innocent lives, whether they faced poverty or feared it.
The hadith reported by Ibn Masʿud says: he asked the Messenger of Allah ﷺ: “Which sin is greatest?” He said: “That you set up a rival to Allah while He created you.” He said: “Then which?” He said: “That you kill your child out of fear that he will eat with you.” He said: “Then which?” He said: “That you commit zina with your neighbour’s wife.” (Sahih al Bukhari 6001, Sahih Muslim 86a)
Islam did not only forbid killing a child out of fear of poverty, it also counted it among the greatest sins with Allah. (This report is mentioned as: Sahih al Bukhari, in Tafsir, on the verse of al Baqarah 22, 4/1626, 4207, and Sahih Muslim in al Iman 1/90, 86, with the wording in Sahih al Bukhari.)
Notable Men Who Rescued Girls From Being Buried Alive
Societies were not without people of merciful hearts and great actions, who paid their money to buy lives and rescue girls. They died, yet their memory stayed alive, spreading a clear scent of honour. Among those whose name history preserved was Zayd ibn ʿAmr ibn Nufayl, and al Bukhari (d. 256AH) said:
Al Layth ibn Saʿd (d. 175AH) said: Hisham ibn ʿUrwah (d. 146AH) wrote to me, from his father ʿUrwah ibn al Zubayr (d. 94AH), from Asma bint Abi Bakr, may Allah be pleased with them both, who said: “I saw Zayd ibn ʿAmr ibn Nufayl standing, leaning his back against the Kaʿbah, saying: ‘O people of Quraysh, by Allah, none of you is on the religion of Ibrahim عليه السلام except me.’ He used to save the girl who was to be buried alive. He would say to a man, when he wanted to kill his daughter: ‘Do not kill her. I will take care of her upkeep for you.’ So he would take her, and when she grew up, he would say to her father: ‘If you wish, I will hand her back to you, and if you wish, I will take care of her upkeep for you.’” (Sahih al Bukhari 3828. Also in the cited edition: 3/1391, 3616.)
Al Nasaʾi (d. 303AH) connected it in al Sunan al Kubra. Al Mahamili (d. 330AH) connected it in his Amali. Al Hakim (d. 405AH) connected it in al Mustadrak. All three of them reported it through Abu Usamah (d. 201AH). Al Tabarani (d. 360AH) reported it in al Muʿjam al Kabir through ʿAbd al Rahman ibn Abi al Zinad (d. 174AH). Ibn Hajar (d. 852AH) reported it in Taghliq al Taʿliq through al Layth, all of them from Hisham ibn ʿUrwah with similar wording. (Sunan al Nasaʾi al Kubra 8187, 5/54. Amali al Mahamili 11. al Mustadrak 5859, 3/498. al Muʿjam al Kabir 216, 24/82. Taghliq al Taʿliq 3828, 4/84. Also see: Fath al Bari 7/145.)
Al Hakim said: “Authentic upon the conditions of the two Shaykhs, yet they did not include it.” Al Dhahabi (d. 748AH) agreed with him.
Nawāl bint ʿAbd al ʿAzīz al ʿĪd said: It is as they both said.
Saʿsaʿah ibn Najiyah was also well known for saving girls who were to be buried alive, and his grandson al Farazdaq (d. 110AH) praised him for that, saying:
ومنّا الذي منع الوائدات وأحيا الوئيد فلم يوأدِ
“My grandfather is the one who stopped the burying of girls alive, and he brought the buried girl back to life, so she was not buried alive.” (A line from a poem in the mutaqarib metre. It has 41 lines. Its opening is: عرفت المنازل من مَهدَدِ … كوَحي الزبور لدى الغرقد. Diwan al Farazdaq 82.)
It is right for al Farazdaq to boast about him. He was a fine man, and his deed was a fine deed. (See his biography in: al Istiʿab 1213, 2/718. Usd al Ghabah 1102, 3/102. al Isabah 4072, 3/429.)
Ibn Abi ʿAsim (d. 287AH) reported it in al Ahad wa al Mathani. Al ʿUqayli (d. 322AH) reported it in al Duʿafaʾ. Al Tabarani (d. 360AH) reported it in al Muʿjam al Kabir. All three reported it through Tufayl ibn ʿAmr, from Saʿsaʿah ibn Najiyah, who said:
“I came to the Prophet ﷺ, and he presented Islam to me, so I accepted Islam. He taught me Qurʾan verses. I said: ‘O Messenger of Allah, I did deeds in the jahiliyyah. Is there any reward for me in them?’ He said: ‘What did you do?’ I said: ‘Two ten month pregnant she camels of mine went missing. I went out looking for them on a camel of mine. A building appeared to me in an open land, so I headed towards it. In one of them, I found an old man. I said: “Have you noticed two ten month pregnant she camels?” He said: “What are their marks?”’” (This means: what brand mark were they marked with, and a “sima” is a mark. See: Gharib al Hadith by Ibn al Jawzi (d. 597AH) 2/440. Lisan al ʿArab 5/243)
“I said: ‘The brand of Ibn Darim.’ He said: ‘We have taken your two she camels, and they gave birth. Allah has brought wealth to a household from your tribe among the Arabs of Mudar.’ While he was speaking to me, a woman in the other house called out that she had given birth. He said: ‘What did she give birth to? If it is a boy, we have shared in our people.
If it is a girl, bury her.’ She said: ‘A girl.’ I said: ‘Who is this girl who is to be buried alive?’ He said: ‘A daughter of mine.’ I said: ‘I will buy her from you.’ He said: ‘O brother of Banu Tamim, are you saying you will buy your daughter, when I told you I am a man from the Arabs of Mudar?’ I said: ‘I am not buying her body, I am buying her life, so do not kill her.’
He said: ‘What will you buy her with?’ I said: ‘With these two she camels and their two young ones.’ He said: ‘And you will also add this camel of yours?’ I said: ‘Yes, on condition that you send a messenger with me. When I reach my family, I will return the camel to you.’ So he did. When I reached my family, I returned the camel to him.
Then in part of the night I thought to myself, and I said: ‘This is a noble deed that none of the Arabs beat me to.’ Islam appeared, and I have saved three hundred and sixty girls who were to be buried alive. I used to buy each one for two ten month pregnant she camels and a camel. Is there any reward for me in that?’ The Messenger of Allah ﷺ said: ‘This is a gate of goodness, and you have its reward, since Allah blessed you with Islam.’ ʿAbbad, one of the narrators, said: The proof of Saʿsaʿah’s words is what al Farazdaq said:
وجدي الذي منع الوائدات وأحيا الوئيد فلم يؤادِ” (The verification of this line was mentioned earlier on p. 44.)
This wording is from al Tabarani. (al Ahad wa al Mathani 1197, 2/402. al Duʿafaʾ 775, 2/228. al Muʿjam al Kabir 7412, 8/76.)
After quoting the report, al Bukhari (d. 256AH) said: “There is something to question about it.” He also said, in Tufayl’s biography: “His report is not authentic.” (al Tarikh al Kabir 4/319.)
Al Haythami (d. 807AH) said in Majmaʿ al Zawaʾid: “Al Tabarani reported it in al Kabir, and al Bazzar reported it, and in it is al Tufayl ibn ʿAmr al Tamimi. Al Bukhari said: ‘His report is not authentic.’” Al ʿUqayli (d. 322AH) said: “He is not followed in this report.” I did not find it in the printed Musnad of al Bazzar.
The chain is weak, because Tufayl ibn ʿAmr is weak.
Ibn Hajar (d. 852AH) said in al Isabah: “It is said that Saʿsaʿah was the first to do that, meaning, saving the girl who was to be buried alive.” Nawāl bint ʿAbd al ʿAzīz al ʿĪd said: It is established that Zayd ibn ʿAmr ibn Nufayl used to do that, so it can mean that Saʿsaʿah was first among Tamim and similar, and Zayd was first among Quraysh. (al Isabah 4072, 3/430.)
Saving girls who were to be buried alive only became complete after the sunrise of the Muhammadan mission, which guaranteed the woman her right to life. All praise belongs to Allah, as is fitting for the majesty of His face and the greatness of His authority.
The Third Demand: Women’s Marriage
Do not be too surprised when seeing the woman among them humiliated from her early childhood until she grew up, because this matches the corrupt jahili principle by which they tied the woman’s remaining alive:
أَيُمْسِكُهُ عَلَى هُونٍ
“Will he keep her in humiliation?” (al Nahl 59)
Al Bukhari (d. 256AH) reported, through ʿUrwah ibn al Zubayr (d. 94AH), that ʿAishah, the wife of the Prophet ﷺ, told him that marriage in the jahiliyyah was of four kinds. One kind was the marriage of people today.
A man would propose to another man for the woman under his care, or for his daughter, and he would give her her mahr (dowry), then marry her.
Another kind was that a man would say to his wife, when she became clean from her monthly cycle: “Send for so and so, and seek a child from him.” The husband would keep away from her and never touch her until it became clear that she was pregnant from that man whom she sought a child from. When her pregnancy became clear, her husband would have relations with her if he wished. He only did that because he wanted a child of noble blood. This was called the marriage of istibdaʿ (seeking a child from another man).
Another kind was that a small group, less than ten men, would gather, and they would all enter upon the woman and have relations with her. If she became pregnant and gave birth, and some nights passed after she gave birth, she would send for them. None of them could refuse until they gathered with her. She would say to them: “You know what happened, and I have given birth, so he is your son, O so and so,” naming whoever she wished. Her child would be attached to him, and the man could not refuse that.
The fourth kind was when many men would gather and enter upon the woman, and she would not refuse whoever came. These were the prostitutes. They used to place flags on their doors as a sign. Whoever wanted them entered. If one of them became pregnant and gave birth, they gathered for her and called the trackers, then they attached the child to whoever they thought fit. The child was attached to him and called his son, and he could not refuse that.
When Muhammad ﷺ was sent with the truth, he destroyed all the marriage of the jahiliyyah, except the marriage of people today.” (Sahih al Bukhari 5127. Also in the cited edition: 5/1970, 4834. Also see: Irshad al Sari 6/108. Fath al Bari 9/188.)
Look at the last three images of marriage and see the depth of moral collapse, corrupt thoughts, corrupt values, and the animal like life in which the woman was used. It is enough to picture a man sending his wife to another man so she brings him a noble child, just as a she camel is sent to the male camel to mate. This is a grave harm to her human dignity. Islam cancelled these corrupt marriages and affirmed the sound one among them.
They would even send their slave girl to commit zina (unlawful sex), and they would set a payment on her which they would take from her each time. When Islam came, it forbade that. (Tafsir Ibn Kathir by Ibn Kathir (d. 774AH) 3/289.)
Allah, Most High, revealed:
وَلَا تُكْرِهُوا فَتَيَاتِكُمْ عَلَى الْبِغَاءِ إِنْ أَرَدْنَ تَحَصُّنًا لِتَبْتَغُوا عَرَضَ الْحَيَاةِ الدُّنْيَا وَمَنْ يُكْرِهْهُنَّ فَإِنَّ اللَّهَ مِنْ بَعْدِ إِكْرَاهِهِنَّ غَفُورٌ رَحِيمٌ
“Do not force your slave girls into prostitution, if they want to stay chaste, seeking the goods of this universe. If anyone forces them, then Allah, after they have been forced, is Forgiving, Merciful.” (al Nur 33)
The reason this verse was revealed is what Muslim (d. 261AH) reported from Jabir, that a slave girl of ʿAbd Allah ibn Ubayy ibn Salul was called Musaykah, and another was called Umaymah. He used to force them into zina, so they complained to the Prophet ﷺ, and Allah revealed: وَلَا تُكْرِهُوا فَتَيَاتِكُمْ عَلَى الْبِغَاءِ (Sahih Muslim 3029a.)
The Qurʾan did not only forbid forcing into zina. It includes all its forms, whether the girl is forced or not. As for Allah’s saying: إِنْ أَرَدْنَ تَحَصُّنًا, it is not a condition. Rather, Allah mentioned the desire for chastity because that is where “forcing” is truly clear. If she wants zina, then she is a prostitute who must be stopped. (Tafsir al Baghawi by al Baghawi (d. 516AH) 3/344. al Kashshaf by al Zamakhshari (d. 538AH) 3/245. Tafsir al Qurtubi by al Qurtubi (d. 671AH) 12/254. Tafsir al Baydawi by al Baydawi (d. 685AH) 4/186. Tafsir al Saʿdi by al Saʿdi (d. 1376AH) 1/568.)
Ibn Kathir (d. 774AH) said: “If they desire chastity’ came according to what commonly happens, so it has no limiting meaning.” (Tafsir Ibn Kathir 3/290.)
In it is an extra condemnation of their condition and their filthy ways. The one with even the smallest sense of honour would not accept the immorality of the slave girls in his household, let alone ordering them or forcing them, especially while they want chastity.
From here, the oppression of women becomes clear, whether free women or slave women.
Their oppression even reached orphan girls. A man would have an orphan girl. If he liked her beauty, he married her while reducing her due rights. If he did not like her, he prevented her from marriage to take her wealth.
Al Bukhari (d. 256AH) and Muslim (d. 261AH) reported through ʿUrwah ibn al Zubayr (d. 94AH), from ʿAishah, may Allah be pleased with her, about Allah’s saying:
فَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَى فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَى وَثُلَاثَ وَرُبَاعَ
“If you fear that you will not deal fairly with orphan girls, then marry other women that please you, two, three, or four.” (al Nisa 3)
She said: “O son of my sister, it is about the orphan girl who is under the care of her guardian, and she shares with him in her wealth. Her guardian likes her wealth and beauty, and he wants to marry her without giving her a fair mahr, giving her the same that he would give another woman. So they were forbidden from marrying them unless they deal fairly with them, and give them the highest normal mahr, and they were commanded to marry other women besides them.” (Sahih al Bukhari 2494. Sahih Muslim 3018a.)
Al Bukhari (d. 256AH) and Muslim (d. 261AH) also reported through Hisham ibn ʿUrwah (d. 146AH), from his father ʿUrwah ibn al Zubayr (d. 94AH), from ʿAishah, may Allah be pleased with her, about Allah’s saying:
وَيَسْتَفْتُونَكَ فِي النِّسَاءِ قُلِ اللَّهُ يُفْتِيكُمْ فِيهِنَّ وَمَا يُتْلَى عَلَيْكُمْ فِي الْكِتَابِ فِي يَتَامَى النِّسَاءِ اللَّاتِي لَا تُؤْتُونَهُنَّ مَا كُتِبَ لَهُنَّ وَتَرْغَبُونَ أَنْ تَنْكِحُوهُنَّ
“They ask you for a ruling about women. Say: Allah gives you a ruling about them, and what is recited to you in the Book about orphan girls, whom you do not give what is written for them, while you desire to marry them.” (al Nisa 127)
She said: “It is about a man who has an orphan girl. He is her guardian and her heir. He makes her share in his wealth, even in the date palm. He wants to marry her, and he dislikes marrying her to another man, because the other man would share in his wealth due to what she already shared. So he prevents her, and this verse was revealed.” (Sahih al Bukhari 4600.)
So the orphan girl was oppressed among them, whether he desired to marry her, or he turned away from marrying her.
As for having multiple wives, it was something they boasted about, and it had no limit and no set number.
Ibn Abi Shaybah (d. 235AH) reported it in al Musannaf. Ahmad (d. 241AH) reported it in al Musnad. Ibn Majah (d. 273AH) reported it in al Sunan. Al Tirmidhi (d. 279AH) reported it in al Sunan. Al Daraqutni (d. 385AH) reported it in al Sunan. Ibn Hibban (d. 354AH) reported it in his Sahih. Al Hakim (d. 405AH) reported it in al Mustadrak. Al Bayhaqi (d. 458AH) reported it in al Sunan, all of them through chains from Maʿmar, from al Zuhri (d. 124AH), from Salim ibn ʿAbd Allah (d. 106AH), from Ibn ʿUmar, may Allah be pleased with him, who said:
“Ghaylan ibn Salamah accepted Islam while he had ten wives, so the Prophet ﷺ said to him: ‘Keep four of them.’” (Sunan Ibn Majah 1953. Also in the cited edition: 1/628, 1953. Musannaf Ibn Abi Shaybah 17182, 4/3. Musnad Ahmad 4609, 8/221. Jamiʿ al Tirmidhi 1128. Sunan al Daraqutni 95, 3/269. Sahih Ibn Hibban 4157, 9/465. al Mustadrak 2779, 2/209. al Sunan al Kubra by al Bayhaqi 13819, 7/181.)
The report is authentic through its many routes and supporting reports. (The author referred, for more detail, to: al Talkhis al Habir 3/168. Irwaʾ al Ghalil 1883, 6/292. Musnad Ahmad with the checking of Shuʿayb al Arnaʾut 4609, 8/221.)
It also has a supporting report from Qays ibn al Harith, who said: “I accepted Islam while I had eight wives, so I mentioned that to the Prophet ﷺ, and he said: ‘Choose four of them.’” (Sunan Abi Dawud 2241. Also in the cited edition: 4/3, 17184. Sunan Abi Dawud 2241, 2/272. Sunan Ibn Majah 1952, 1/628. al Ahad wa al Mathani 1054, 2/292. al Sunan al Kubra by al Bayhaqi 13624, 7/149. Irwaʾ al Ghalil 1885, 6/292.)
They might even gather two sisters under one man, ignoring the jealousy in women, and what that brings of cutting family ties and breaking kinship.
Ahmad (d. 241AH) reported it in al Musnad. Abu Dawud (d. 275AH) reported it in al Sunan. Ibn Majah (d. 273AH) reported it in al Sunan. Al Tirmidhi (d. 279AH) reported it in al Jamiʿ. Ibn Abi ʿAsim (d. 287AH) reported it in al Ahad wa al Mathani. Al Tahawi (d. 321AH) reported it in Sharh Mushkil al Athar. Ibn Hibban (d. 354AH) reported it in his Sahih. Al Daraqutni (d. 385AH) reported it in al Sunan. Al Tabarani (d. 360AH) reported it in al Kabir. Al Bayhaqi (d. 458AH) reported it in al Sunan al Kubra. Al Mizzi (d. 742AH) mentioned it in Tahdhib al Kamal, from the report of al Dahhak ibn Firoz al Daylami from his father, who said:
“I said: ‘O Messenger of Allah, I accepted Islam and I have two sisters as wives.’ He said: ‘Choose whichever of them you wish.’” (Jamiʿ al Tirmidhi 1129. Also in the cited edition: Musnad Ahmad 18040, 29/574. Sunan Abi Dawud 2243, 2/272. Sunan Ibn Majah 1951, 1/627. al Ahad wa al Mathani 2847, 5/311. Sharh Mushkil al Athar 4/227. Sahih Ibn Hibban 4155, 9/462. Sunan al Daraqutni 106, 3/274. al Muʿjam al Kabir 843, 18/328. al Sunan al Kubra by al Bayhaqi 13836, 7/184.)
From here, the noble reader sees what the woman suffered under the jahiliyyah of the Arabs: false marriages, oppression of free women and slave women, eating the wealth of the orphan girl, and multiple wives without a fixed limit and without Sharia limits, until Islam came and the sun of justice rose, lifting oppression from women.
The Fourth Demand: Women’s Divorce and the System of Their Waiting Period
They kept returning to Allah’s saying about the people of the jahiliyyah and the female: أَيُمْسِكُهُ عَلَى هُونٍ. So do not be surprised when seeing oppression of the woman in marriage and separation. Just as he oppressed her when making the contract, he oppressed her when ending it.
Abu Dawud (d. 275AH) reported it in al Sunan, al Nasaʾi (d. 303AH) in al Mujtaba, and al Bayhaqi (d. 458AH) in al Kubra, through ʿIkrimah from Ibn ʿAbbas, may Allah be pleased with him, about Allah’s saying:
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ وَلَا يَحِلُّ لَهُنَّ أَنْ يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِي أَرْحَامِهِنَّ
“Divorced women must wait by themselves for three menstrual cycles, and it is not lawful for them to hide what Allah has created in their wombs.” (al Baqarah 228)
He said: That was because a man, if he divorced his wife, had more right to take her back, even if he divorced her three times. Then that was cancelled, and Allah said:
الطَّلَاقُ مَرَّتَانِ
“Divorce is twice.” (al Baqarah 229)
(Sunan Abi Dawud 2195, 2/259. Sunan al Nasaʾi 3554, 6/212. al Sunan al Kubra by al Bayhaqi 14752, 7/237.)
Al Qurtubi (d. 671AH) said about Allah’s saying: الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ:
“It is established that the people of the jahiliyyah had no set number for divorce. They had a known waiting period with a fixed length. In the early part of Islam, for a short time, a man would divorce his wife as much as he wished.
When she was close to becoming lawful for another man, he would take her back as much as he wished. A man said to his wife in the time of the Prophet ﷺ: ‘I will not keep you, and I will not leave you free.’ She said: ‘How?’ He said: ‘I divorce you, and when your waiting period is close to ending, I take you back.’ The woman complained to ʿAishah, and she mentioned it to the Prophet ﷺ, so Allah revealed this verse, making clear the number of divorces.” (Musnad al Shafiʿi 1/192. Jamiʿ al Tirmidhi 1192, 3/497. al Mustadrak 3106, 2/307.)
Al Tirmidhi (d. 279AH) said: Abu Kurayb told us, ʿAbd Allah ibn Idris told us, from Hisham ibn ʿUrwah, from his father, with the meaning of this report, but he did not mention ʿAishah in it. This is more authentic than the report of Yaʿla ibn Shabib.
Nawāl bint ʿAbd al ʿAzīz al ʿĪd said: The mursal version is more authentic than the connected version, because the connected one is through Yaʿla ibn Shabib, and he is soft in hadith, as Ibn Hajar (d. 852AH) said. As for the mursal one, it is through ʿAbd Allah ibn Idris, and he is trustworthy, and the main hadith books reported from him.
From what is reported about divorce in the jahiliyyah, it becomes clear what harm reached the woman, and what oppression and hardship she faced, until she became like a toy in the hand of a man, divorcing her whenever he wished, however he wished, until Islam lifted the man’s oppression and his control over her.
The System of the Waiting Period
Just as the woman suffered oppression when her husband separated from her while alive, she also suffered oppression from her society after his death.
Al Bukhari (d. 256AH) and Muslim (d. 261AH) reported, through Humayd ibn Nafiʿ, from Zaynab bint Umm Salamah, in a long report, in which she said:
“I heard Umm Salamah say: A woman came to the Prophet ﷺ and said: ‘O Messenger of Allah, my daughter’s husband died, and her eye has become sore. Can she apply kohl?’ The Messenger of Allah ﷺ said: ‘No.’ Two or three times, each time he said: ‘No.’ Then the Messenger of Allah ﷺ said: ‘It is only four months and ten.’ And one of you in the jahiliyyah used to throw dung at the end of a year.” Humayd said: I said to Zaynab: “What does throwing dung at the end of a year mean?”
Zaynab said: A woman, when her husband died, would enter a small poor room, and she would wear her worst clothes. She would not touch perfume until a year passed. Then an animal would be brought to her, a donkey, or a sheep, or a bird, and she would rub herself with it, and it would almost never survive. Then she would go out and be given dung, and she would throw it. Then after that she could return to using whatever perfume she wished and other things. Malik said: “What does she rub with it?” He said: “She wipes her skin with it.” (Sahih al Bukhari 5338. Sahih Muslim 1486.)
Al Nawawi (d. 676AH) said in Sharh Sahih Muslim:
“It means: do not think the waiting period is long, and do not think forbidding kohl is too much. It is a short period, and it has been made easier for you, and it became four months and ten after it used to be a year. In this is a clear statement that the waiting period of a year has been cancelled, mentioned in Surah al Baqarah in the second verse.” (This is Allah’s saying: “Those among you who die and leave wives behind must leave a will for their wives, providing for them for a year, without being forced out.” al Baqarah: 240)
“As for throwing dung at the end of a year, it has been explained in the hadith. Some ulama said: it means she threw away her waiting period and came out of it, like her separation from that dung and throwing it.
Others said: it points to the fact that what she did, and the patience she showed in waiting a year, wearing her worst clothes, and staying in a small house, is small compared to the right of the husband and what he deserves, just as throwing dung is small. His saying: ‘she entered a hifsh’ means a small, low, poor room. His saying: ‘then an animal is brought, a donkey, or a sheep, or a bird, and she rubs with it’ is in all copies: ‘she rubs with it.’ Ibn Qutaybah (d. 276AH) said: I asked the people of al Hijaz about the meaning of ‘rubbing’, and they said that the widow used to not bathe, not touch water, and not cut her nails. Then she would come out after a year in the ugliest appearance. Then she would ‘break’ what she was in of waiting by using a bird, wiping with it, and throwing it away, and it would hardly live.” (Sharh Sahih Muslim 10/115.)
Have you seen a waiting period that oppresses a woman like this waiting period? She lives in a small poor room, wears the worst clothes, does not touch water, and does not cut her nails. She combines ugliness of housing, clothing, and appearance. When she comes out, she throws dung after a year of suffering, and she rubs herself with a bird, and it nearly dies. There is no power and no strength except with Allah.
The Fifth Demand: Women’s Financial Rights
It is no longer surprising to see the woman stripped of financial rights. How could it be otherwise, when her human dignity was crushed, and her humanity was cancelled, by jahili people who neither follow Sharia nor sound reason?
Al Bukhari (d. 256AH) and Muslim (d. 261AH) reported, in a long hadith from ʿUmar ibn al Khattab, may Allah be pleased with him, about the Prophet ﷺ keeping away from his wives for a month. In it, ʿUmar said:
“By Allah, in the jahiliyyah we did not count women as anything, until Allah revealed about them what He revealed, and assigned to them what He assigned.” (Sahih al Bukhari 5191. Also in the cited edition: 4/1866, 4629. Sahih Muslim 1479.)
Other routes of the report clarify women’s place. Ibn Hajar (d. 852AH) said:
“His saying: ‘We, the people of Quraysh, used to overpower women,’ meaning, we used to control them, and they did not control us, unlike the Ansar, who were the opposite. In the route of Yazid ibn Ruman: ‘We in Makkah did not speak to our wife except when we needed something. When we got what we needed, that was it.’ In the route of ʿUbayd ibn Hunayn: ‘We did not count women as anything.’ In the route of al Tayalisi: ‘We did not consider women, and we did not bring them into our affairs.’” (Fath al Bari 9/128.)
From this report it becomes clear that the woman had neither meaningful honour nor material share. The lack of honour is shown by these wordings, and the one whose honour is taken will have her money taken even more easily.
This is also supported by Allah’s saying:
يَاأَيُّهَا الَّذِينَ آمَنُوا لَا يَحِلُّ لَكُمْ أَنْ تَرِثُوا النِّسَاءَ كَرْهًا وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا بِبَعْضِ مَا آتَيْتُمُوهُنَّ
“O believers, it is not lawful for you to inherit women against their will, and do not restrain them in order to take back part of what you have given them.” (al Nisa 19)
Al Bukhari (d. 256AH) reported from Ibn ʿAbbas, may Allah be pleased with him, who said: “When a man died, his heirs had more right to his wife. If they wished, one of them married her. If they wished, they married her off. If they wished, they did not marry her off. They had more right to her than her own family. Then this verse was revealed about that.” (Sahih al Bukhari 4303. Also in the cited edition: 4/1670, 4303.)
Fakhr al Din al Razi (d. 606AH) said:
“Know that the people of the jahiliyyah used to harm women in many ways and oppress them with many kinds of oppression, so Allah forbade them from these things in these verses.
The first kind is Allah’s saying: لَا يَحِلُّ لَكُمْ أَنْ تَرِثُوا النِّسَاءَ كَرْهًا. In it are two issues.
The first issue: There are two views about this verse.
The first view: In the jahiliyyah, when a man died and he had a wife, his son from another wife, or one of his relatives, would come and throw his garment over the woman, and say: ‘I inherited his wife just as I inherited his wealth.’ So he became more entitled to her than the people, and more entitled to her than herself. If he wished, he married her without giving a new mahr, except the first mahr the deceased gave her. If he wished, he married her to another man and took her mahr and gave her nothing. So Allah revealed this verse and made clear that this is forbidden, and that a man does not inherit the wife of the dead man. According to this view, the meaning of ‘inheriting women’ is inheriting the women themselves, and that women are not inherited from the dead.
The second view: The inheritance returns to wealth. That means the heir could prevent her from marrying until she died, then he would inherit her wealth. So Allah said: it is not lawful for you to inherit their wealth while they hate that.
The second issue: Allah’s saying: “And do not prevent them.” “ʿAdl” means preventing or restricting, and from it comes the expression “a severe illness.” There are several views regarding who is being addressed in Allah’s saying: “And do not prevent them.”
First: A man would dislike his wife and want to separate from her, so he would harm her in living with her and squeeze her until she ransomed herself from him with her mahr. This is the choice of most mufassirin.” (See: Tafsir al Tabari by al Tabari (d. 310AH) 4/305. Tafsir al Baghawi 1/408. Tafsir al Baydawi 2/162. Tafsir Ibn Kathir 1/466.)
“Second: It addresses the heir, commanding him not to prevent her from marrying whoever she wants, as the people of the jahiliyyah used to do. His saying: “So that you may take back part of what you gave them” means that they used to keep the wife of the deceased man from marrying, hoping that she would give up what she had received from the deceased man’s inheritance.”
Third: It addresses the guardians, forbidding them from preventing the woman.
Fourth: It addresses husbands, because in the jahiliyyah they used to divorce the woman and then prevent her from marrying, tightening things on her, in order to take something from her.
Fifth: It is general and includes all.” (Tafsir al Razi 10/10.)
This control over the woman herself and her wealth continued until the light of justice rose, and Islam came to cancel the deeds of the people of the jahiliyyah.
Al Nasaʾi (d. 303AH) reported it in al Kubra, and al Tabari (d. 310AH) reported it in Tafsir, through Abu Umamah ibn Sahl ibn Hunayf, from his father, who said:
“When Abu Qays ibn al Aslat died, his son wanted to marry his wife, and that was their practice in the jahiliyyah. So Allah revealed: “It is not permissible for you to inherit women against their will.” Ibn Hajar (d. 852AH) graded its chain good. (Sunan al Nasaʾi al Kubra 11095, 6/321. Tafsir al Tabari 4/305. Fath al Bari 8/247.)
None of this means that there were not Arabs who gave women their rights and were proud of them, but this was rare. The rare has no general effect. The lesson is taken from what is common and widespread. Otherwise, there were Arab tribes that were linked to a woman, like Bahilah, named after their mother Bahilah bint Saʿb ibn Saʿd al ʿAshirah. (al Ansab 1/102. Jumharat Asmaʾ al Nisaʾ wa Aʿlamihinna 71.)
And Khindaf, named after their mother, and Khindaf was a nickname of Layla bint Hildan from Qudaʿah, the wife of Ilyas ibn Mudar. (Al Jazari said in al Lubab fi Tahdhib al Ansab 1/465: her nickname came because Ilyas went out seeking pasture and his camels fled from a rabbit. ʿAmr chased them and caught them, so he was called Mudrikah. ʿAmir took the rabbit and cooked it, so he was called Tabikhah. ʿUmayr stayed inside the tent, so he was called Qamʿah. Their mother walked with a certain proud walk, and people said: “Where are you walking like that?” so she was called Khindaf, and her children were called Khindafi.)
Some fathers were known by the names of their daughters, like Abu Umamah al Nabighah al Dhubyani, Abu al Khansaʾ Qays ibn Masʿud al Shaybani, and Abu Salma Rabiʿah ibn Rabbah. Many of this remained in Islam, and in the section on kunyahs of the Sahabah, may Allah be pleased with them, there are many men known by their daughters, and others linked to their mothers. (Takmilat al Ikmal by Abu Bakr al Baghdadi 2/671. al Tabaqat by Ibn Khayyat 1/277. Tahdhib al Asmaʾ by al Nawawi 2/376.)
And the Mother of the Believers Khadijah, may Allah be pleased with her, had trade that she worked with and hired men to manage. (al Istiʿab 4/1818. al Isabah 7/600.)
But what was mentioned does not remove the general reality: many women were overpowered, stripped of their rights, and Islam returned those rights and brought justice and balance.
Establishing the Meaning of “Women’s Rights”
Before beginning to explain “women’s rights in the Qurʾan and the Sunnah”, it is good to point out the meaning of “right”, its divisions, and the variety in rights and duties between women and men.
Definition of “Right”
In language, “right” is the opposite of falsehood. In the hadith: “Whoever saw me has seen the truth.”
It also comes with several meanings, including: being established, being binding, truthfulness, certainty, a decided matter, justice, correctness, being straight, being obligatory, and an action that must happen. (Sahih al Bukhari 6596. Sahih Muslim 2256. al Mufradat 125. al Nihayah by Ibn al Athir (d. 606AH) 1/413. Lisan al ʿArab 10/49. Qamus al Qurʾan al Karim by al Damaghani 139)
Al Jurjani (d. 816AH) defined “right” as: “What is established, which it is not valid to deny.” (al Taʿrifat 89.)
In usage, the fuqaha and the usuliyyun defined it with definitions that stay within its language meanings, which point to something being present or established.
It has two meanings with them.
The first: what is a ruling that matches reality, so we say: “This religion is true,” and “This speech is true.” Its opposite is falsehood.
The second: what is an established obligation, so we say: “This is the right of Allah,” and “This is the right of people.” (al Mahsul by al Razi (d. 606AH) 1/395. Irshad al Fuhul by al Shawkani (d. 1250AH) 1/439. al Madkhal al Fiqhi al ʿAmm by al Zarqa 3/9.)
This section has two demands.
The first: divisions of rights.
The second: the variety in rights and duties between women and men.
The First Demand: Divisions of Rights
The usuliyyun divide “right” into many divisions, returning to two main ones.
First: Dividing Rights Based on Who Owns the Right
A right, based on who owns it, is divided into four kinds. (Sharh al Talwih 2/151.)
First: the pure right of Allah, like His right that they worship Him and do not associate anything with Him. Allah said:
فَاجْتَنِبُوا الرِّجْسَ مِنَ الْأَوْثَانِ وَاجْتَنِبُوا قَوْلَ الزُّورِ
“So avoid the filth of idols, and avoid false speech.” (al Hajj 30)
Everything that is in the category of forbidding the forbidden and making lawful the lawful is purely Allah’s right. No one may interfere in it. Allah said:
إِنِ الْحُكْمُ إِلَّا لِلَّهِ
“Judgement belongs only to Allah.” (Yusuf 67)
Second: the pure right of people, which is what benefits a specific person, like a person’s right in his private ownership, and the wife’s right to maintenance.
The difference between the pure right of Allah and the pure right of a person is that no one may drop Allah’s rights. No one can make lawful what Allah made forbidden, nor make forbidden what Allah made lawful. As for a person’s right, he may give it up if he wishes.
Third: what combines both rights, while Allah’s right is stronger, like the hadd for slander after the case is raised to the ruler. It then combines two rights: the right of the person, because his honour was attacked, and the right of Allah, because the slanderer disobeyed Allah and spread immorality. Another example is the wife’s right to mahr in nikah, because it is her right that Allah made binding.
The effect of making Allah’s right stronger appears in the person not being able to pardon it, and not being able to settle by dropping it. It also appears in mahr not being cancelled from the start. If both sides agree on nikah without mahr, the mahr of equals still becomes binding.
Fourth: what combines both rights, while the person’s right is stronger, like the wife’s right to fairness in shared nights. It is her right by what the Sharia made binding. Allah said:
اعْدِلُوا هُوَ أَقْرَبُ لِلتَّقْوَى
“Be fair. That is closer to taqwa (God fear).” (al Maʾidah 8)
Yet her right is stronger here, so she can demand her share, or she can give it up if she wishes, as the Mother of the Believers Sawdah bint Zamʿah, may Allah be pleased with her, did. ʿAishah, may Allah be pleased with her, said: “Sawdah bint Zamʿah gave her day to ʿAishah, and the Messenger of Allah ﷺ would give ʿAishah her own day and Sawdah’s day.” (Sahih al Bukhari 4914. Sahih Muslim 1463.)
This is while every right of the wife has Allah’s right in it, because Allah is the One who commanded fulfilling rights.
Second: Dividing Rights Based on What the Right Attaches To
A right divides into two kinds. (al Madkhal al Fiqhi al ʿAmm by al Zarqa 3/15.)
The first: a financial right.
The second: a non financial right.
A financial right divides, based on what it relates to, into two kinds.
First: a financial right linked to wealth, and it can be replaced by wealth, like owned items.
Second: a financial right not linked to a specific item, like the wife’s right to mahr and maintenance. Both are financial rights, yet the first is linked to marriage and consummation, and the second is linked to the wife keeping herself for the husband’s benefit.
As for the non financial right, it is what relates to other than wealth, like a person’s right to honour and dignity, and travelling on land and sea, established by Allah’s saying:
وَلَقَدْ كَرَّمْنَا بَنِي آدَمَ وَحَمَلْنَاهُمْ فِي الْبَرِّ وَالْبَحْرِ وَرَزَقْنَاهُمْ مِنَ الطَّيِّبَاتِ وَفَضَّلْنَاهُمْ عَلَى كَثِيرٍ مِمَّنْ خَلَقْنَا تَفْضِيلًا
“We have honoured the children of Adam, carried them on land and sea, provided them with good things, and favoured them greatly over many of those We created.” (al Isra 70)
And like the wife’s right to good companionship, established by Allah’s saying:
وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ
“Live with them in a good way.” (al Nisa 19)
From what came before, it becomes clear that Allah is the One who brings rights into existence and grants them to people. Without that, no human right would be established. Al Shatibi (d. 790AH) said: “Because what is the right of the servant only became his right because the Sharia established it for him, not because he deserves it by default.” (al Muwafaqat 2/377.)
Since these rights are from Allah, the ways to know them are: knowing the evidences from the Qurʾan and authentic Sunnah, and what they contain of proofs and rulings, through the understanding and conclusions of the trustworthy ulama whom Allah commanded us to return to. Allah said:
فَاسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لَا تَعْلَمُونَ
“So ask the people of knowledge if you do not know.” (al Nahl 43)
Know that rights and duties help secure benefits for people and remove harms from them, because they are part of the rulings of Sharia. All Sharia rulings, without exception, were set for people’s benefit and to remove evil and corruption in the near life and the next life. This is shown by careful reading of the Sharia sources, and the ulama stated it clearly.
ʿIzz ibn ʿAbd al Salam (d. 660AH) said: “The whole Sharia is benefits, either removing harms or bringing benefits.” Ibn Taymiyyah (d. 728AH) said: “Sharia came to secure benefits and complete them, and to cancel harms and reduce them.” (Qawaʿid al Ahkam 2/25. Minhaj al Sunnah 2/31.)
So Sharia set protection for these rights, because a right without protection has no meaning. It made everyone respect them and not attack them, by preventing the owner from enjoying them, or depriving him of them, or reducing them, and it set punishments for those who do that.
Since these rights are from Allah, they must be used according to what Allah legislated. A person stops at the limits of the duties Allah set and the rights He granted. He must not invent duties Allah did not make binding, nor invent rights Allah did not establish, because rights and duties are part of what Allah legislated, so it is not permissible to introduce and innovate their foundations.
The Second Demand: The Variety in Rights and Duties Between Women and Men
In these days, the topic of “equality between the two sexes” is raised, and international conferences about women push for equalising them. In the report of the World Conference on Human Rights (1413AH and 1993 CE), it said:
“The human rights of women and the child are part of universal human rights. They are inseparable and cannot be removed or divided. Full and equal participation of women in political, civil, economic, social, and cultural life at national, regional, and international levels, and removing every form of discrimination based on sex, are among the international community’s highest priority goals.” (Report of the World Conference on Human Rights 30. Also see: Fawad al ʿAbd al Karim, “Women’s Issues in International Conferences”, 200–213.)
A question then comes: Do they want to equalise the woman with the man in creation and make up, or in rights and duties?
A sensible person sees the contradiction, because differences in creation and make up are the basis of rights and duties. Rights and duties are drawn from them and built on them. Any “equality” that ignores real differences in creation, and what follows from ability and needs, leaves justice, which Islam establishes, and enters oppression, which Islam fights.
The kind of equality that calls for cancelling every difference between men and women is not acceptable in sound knowledge nor in practical life. Sound knowledge and real life show that the woman differs from the man in everything: from appearance and features and outer parts, to body cells, and she also differs in bodily functions, like menstruation, pregnancy, giving birth, and breastfeeding. She also differs in the psychological side. So how can they be equalised in rights and duties? (See details of differences in creation: Muhammad Wasfi, “Man and Woman in Islam”, 19. ʿAli al Baz, “Women’s Work in the Balance”, 64.)
The doctor Alexis Carrel said in his book “Man, the Unknown”:
“The matters that separate the man and the woman are not limited to the special features of sexual organs, the womb, and pregnancy. They are also not limited to differences in education methods. Rather, these differences are basic, coming from differences in the types of tissues in the body of each. The woman also differs from the man entirely in the chemicals secreted from the womb inside her body. Every cell in her body carries a female stamp.” Then he criticised those who call for equalising women and men without paying attention to physical differences:
“Ignorance of these core facts led defenders of women to believe that the two sexes must receive the same education, or be given the same powers, and similar responsibilities. The truth is that the woman differs from the man greatly. Every cell in her body carries the stamp of her sex. The same is true of her organs, and above all, her nervous system. Biological laws cannot be changed, just like the laws of the planets.
Human wishes cannot replace them. So we are forced to accept them. Women must develop their abilities according to their nature, without trying to copy men. Their role in the progress of civilisation is higher than the role of men, so they must not abandon their defined functions.” (Quoted from: ʿAli al Qadi, “The Function of the Woman in Society”, 14. Also see: Muhammad al Bar, “Women’s Work in the Balance”, 64. “Woman Between Religion and Society”, 486.)
The head of the French Women’s Association said: “Calling for full equality between the man and the woman brings both to loss, where neither side receives its rights.” (Quoted from: “The Function of the Woman in Society”, 163.)
The Paris magazine “Marie Claire” ran a survey of French girls from all ages and social and cultural levels. It covered 2.5 million girls about their view on marrying Arabs. Ninety percent answered “yes”. The reasons, as the survey results said, were:
They became tired of equality with men.
They became tired of constant tension day and night.
They became tired of waking at dawn and running after the metro.
They became tired of waking for work until six in the evening in the office and factory. (Quoted from: Fawad al ʿAbd al Karim, “Women’s Issues in International Conferences”, 321.)
Bakr Abu Zayd (d. 1429AH) said: “These crooked demands are pushed under the name ‘women’s liberation’ within two theories: ‘women’s freedom’ and ‘equality between woman and man’. Both are Western theories, false in Sharia and reason. Muslims have no history with them. They pull people into the way of those whose deeds were lost, who earlier worked in other parts of the Muslim lands, using these two banners to tempt believing women in their religion and spread immorality among them.” (Hirasat al Fadilah 162.)
Sharia guarantees equality between men and women in what relates to human dignity, and it equalises them in rights and duties where they are equal in the reason for the ruling, while also considering the created differences of each.
Ahmad (d. 241AH) reported it in al Musnad, Abu Dawud (d. 275AH) in al Sunan, al Tirmidhi (d. 279AH) in al Sunan, Ibn al Jarud (d. 307AH) in al Muntaqa, Abu Yaʿla (d. 307AH) in al Musnad, and al Bayhaqi (d. 458AH) in al Kubra, through routes from Hammad ibn Khalid, from ʿAbd Allah, from his brother ʿUbayd Allah, from al Qasim, from ʿAishah, may Allah be pleased with her, who said:
“The Messenger of Allah ﷺ was asked about a man who finds wetness and does not remember a wet dream. He said: ‘He must do ghusl (full washing).’ And about a man who sees that he had a wet dream but does not find wetness. He said: ‘No ghusl is on him.’ Umm Sulaym, may Allah be pleased with her, said: ‘If a woman sees that, does she have to do ghusl?’ He said: ‘Yes. Women are the counterparts of men.’” (Sunan Abi Dawud 236. Also in the cited edition: Musnad Ahmad 26195, 43/264. Jamiʿ al Tirmidhi 113. al Muntaqa by Ibn al Jarud 33. Musnad Abu Yaʿla 4694, 8/149. al Sunan al Kubra by al Bayhaqi 767, 1/168.)
Al Tirmidhi (d. 279AH) said: “ʿAbd Allah ibn ʿUmar was weakened by Yahya ibn Saʿid due to his memory.”
Nawāl bint ʿAbd al ʿAzīz al ʿĪd said: its chain is weak because ʿAbd Allah ibn ʿUmar al ʿUmari is weak, though the rest are trustworthy men of the two Shaykhs. Yet the report has a supporting report from Umm Sulaym. Ahmad (d. 241AH) reported it in al Musnad. Al Haythami (d. 807AH) said: “It is in the Sahih in a shorter form, and Ishaq did not hear from Umm Sulaym.” Ishaq is Ishaq ibn ʿAbd Allah ibn Abi Talhah, and he did not hear from his grandmother, so it is disconnected.
The base of the report is in Muslim (d. 261AH) without the words “Women are the counterparts of men.” It was connected with this wording by al Darimi (d. 255AH) through Ishaq ibn ʿAbd Allah ibn Abi Talhah, from his uncle Anas ibn Malik, may Allah be pleased with him, and this chain is connected, but in its route is Muhammad ibn Kathir, and Ibn Hajar (d. 852AH) said about him: “Trustworthy, but he makes many mistakes.”
The report, with all these routes together, rises to hasan, and al Albani (d. 1420AH) graded it authentic. (Tahdhib al Tahdhib 5/285. al Taqrib 528. Musnad Ahmad 27162, 6/377. Majmaʿ al Zawaʾid 1/268. Sahih Muslim 313. Sunan al Darimi 764, 1/215. al Taqrib 891. al Silsilah al Sahihah 2863, 6/860.)
So Sharia rulings run on the law of equality and difference: it equalises rulings between those equal in the cause of the ruling, and it differs between those who differ in the cause of the ruling. This straight method achieves real equality between those addressed by Sharia, and it is the meaning of justice, and it is Allah’s way in legislation, just as it is His way in reward and punishment.
Ibn al Qayyim (d. 751AH) pointed to equality and difference, saying:
“What you mentioned of these cases, and many more, are from the clearest proofs of the greatness of this Sharia and its honour, and that it came according to sound reason and upright natural disposition. It separated the rulings of these cases because they differ in the qualities that required difference in the rulings. If it had made them equal in rulings, questions would arise and answers would be hard. A person could say: it made different cases equal, and joined a thing with what is not like it in ruling.
No case was given its ruling instead of another case except because a meaning existed in it that required that ruling. And two cases were not joined in one ruling except because they shared the meaning that requires that ruling.
Their difference in other matters does not harm. Just as sharing a meaning that does not require a ruling does not help. So the basis of joining and separating in rulings is the meanings for which the rulings were legislated, in presence and absence.” (Iʿlam al Muwaqqiʿin 2/75.)
Based on this law of equality and difference, Sharia equalised the man and the woman in duties of faith and worship, like salah (prayer), fasting, hajj, and zakah, because they share the basis of legal responsibility.
It also equalised the man and the woman in the right of owning and transferring ownership, because the basis of this right is financial responsibility and legal competence, and both are established for the woman just as they are for the man.
Sometimes the difference in rights between the woman and the man returns to harms that equalising them could bring, so it enters under the rule: removing harms comes before bringing benefits, like forbidding the woman to travel without a mahram.
Sometimes the difference returns to one being more able to carry it out, like giving the woman the right of custody, and the man the duty of jihad.
Sometimes the difference returns to distributing duties in a way that matches the nature of each and achieves justice and benefit for both, like making maintenance binding on the man for his wife, and making care of the home binding on the woman.
Whoever looks at what came before, and what will come of details in this section, will see that Islam granted the woman, overall, more rights than the man, and placed on her fewer duties than the man, overall. All praise and favour belongs to Allah.
Women’s Sharia Rights
It has already passed that women are the counterparts of men, and that everything established for the man is established in the same way for the woman, except what the Sharia sources made specific to one of them. That is what is excluded from the general rule. So every address to men in the Qurʾan and Sunnah is also an address to women, except where proof shows it is specific to one of them.
The Qur’an Addressing Women
The Qur’an’s address shows equality between male and female in legal responsibility. The call in the Qur’an repeats, addressing all people with Allah’s saying: “O mankind”, and “O children of Adam”, across their different backgrounds, languages, and colours, with no difference between male and female, or white and black. The call also repeats with Allah’s saying: “O you who believe”, addressing those who believed in Muhammad ﷺ, women and men, with no difference between male and female.
Reflect on Allah’s saying at the start of Surah al Nisa:
يَا أَيُّهَا النَّاسُ اتَّقُوا رَبَّكُمُ الَّذِي خَلَقَكُمْ مِنْ نَفْسٍ وَاحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالًا كَثِيرًا وَنِسَاءً
“O mankind, fear your Lord, who created you from a single being, and from it created its spouse, and spread from them both many men and women.” (al Nisa 1) (al Nisa 1.)
This verse contains many duties, such as being kind to children, women, and orphans, having mercy on them, giving them their rights, protecting their wealth, and also commands for purity, salah, and other duties, under the wording “O mankind”, which includes men and women. It also includes the meaning of full generality that comes from the wording “the” in Arabic when it covers the whole category.
The first command given to Adam عليه السلام and Hawwa was equal for both. Allah said:
وَقُلْنَا يَآءَادَمُ اسْكُنْ أَنْتَ وَزَوْجُكَ الْجَنَّةَ وَكُلَا مِنْهَا رَغَدًا حَيْثُ شِئْتُمَا وَلَا تَقْرَبَا هَٰذِهِ الشَّجَرَةَ فَتَكُونَا مِنَ الظَّالِمِينَ
“And We said: O Adam, live, you and your spouse, in Paradise, and eat from it freely wherever you both wish, and do not go near this tree, or you both will be among the wrongdoers.” (al Baqarah 35)
When Allah rejected their disobedience, He addressed both of them together. Allah said:
وَنَادَىٰهُمَا رَبُّهُمَآ أَلَمْ أَنْهَكُمَا عَنْ تِلْكُمَا الشَّجَرَةِ
“And their Lord called to them both: Did I not forbid you both from that tree.” (al Aʿraf 22)
The Qur’an sometimes names women after men to make the equality in legal responsibility even clearer. From that is what al Humaydi (d. 219AH) reported in his Musnad, al Tirmidhi (d. 279AH) in his Sunan, Abu Yaʿla (d. 307AH) in his Musnad, al Tabarani (d. 360AH) in al Muʿjam al Kabir, and al Hakim (d. 405AH) in al Mustadrak, from Umm Salamah, may Allah be pleased with her. She said: “O Messenger of Allah, I do not hear Allah mentioning women in hijrah, so Allah revealed:
أَنِّي لَا أُضِيعُ عَمَلَ عَامِلٍ مِنْكُمْ مِنْ ذَكَرٍ أَوْ أُنْثَى بَعْضُكُمْ مِنْ بَعْضٍ
“I do not waste the work of any worker among you, whether male or female, you are from one another.” (Al ʿImran 195) (Musnad al Humaydi 1/144, 301. Sunan al Tirmidhi 5/237, 3023. Musnad Abu Yaʿla 12/391, 6958. al Muʿjam al Kabir 23/294, 651. al Mustadrak 2/328, 3174. Sahih Sunan al Tirmidhi 5/237, 3023.)
Al Hakim said: “Authentic on the conditions of al Bukhari, and they did not include it.” Al Dhahabi agreed, and al Albani (d. 1420AH) graded it authentic. Nawāl bint ʿAbd al ʿAzīz al ʿĪd said: it is as they said.
Also from that is what Ahmad (d. 241AH) reported in his Musnad, al Nasaʾi (d. 303AH) in al Sunan al Kubra, al Tabari (d. 310AH) in his Tafsir, and al Tabarani in al Muʿjam al Kabir, through ʿAbd al Rahman ibn Shaybah, who said:
I heard Umm Salamah, may Allah be pleased with her, say: I said: “O Messenger of Allah, why do we have no mention in the Qur’an as men are mentioned.” She said: One day, his call on the minbar surprised me: “O mankind.” I was combing my hair, so I wrapped my hair, came near the door, and placed my hearing by the palm leaf wall, and I heard him say: Allah عز وجل says:
إِنَّ الْمُسْلِمِينَ وَالْمُسْلِمَاتِ وَالْمُؤْمِنِينَ وَالْمُؤْمِنَاتِ
“Indeed, the Muslim men and Muslim women, and the believing men and believing women.” (al Ahzab 35) (Musnad Ahmad 44/199, 26575. Sunan al Nasaʾi al Kubra 6/431, 11405. Tafsir al Tabari 22/10, by al Tabari. al Muʿjam al Kabir 23/293, 650.)
Its chain is authentic.
There is also supporting evidence through the report of Umm ʿUmarah al Ansariyyah, that she came to the Prophet ﷺ and said: “I only see everything for men, and I do not see women being mentioned in anything.” So Allah revealed: “Indeed, the Muslim men and Muslim women.” Al Tirmidhi reported it in his Sunan, and Ibn Abi ʿAsim (d. 287AH) in al Ahad wa al Mathani. Al Tirmidhi said: “Hasan, gharib.” Al Albani graded it “authentic due to other routes.” (Sunan al Tirmidhi 5/354, 3211. al Ahad wa al Mathani 6/172, 3400. Sahih Sunan al Tirmidhi 5/354, 3211.)
So the Qur’an continues in this way, naming women to place them beside men, in what both share in their relationship with Allah. The command of Allah and His Messenger ﷺ removes personal choice and makes obedience binding upon both sexes. Allah said:
وَمَا كَانَ لِمُؤْمِنٍ وَلَا مُؤْمِنَةٍ إِذَا قَضَى اللَّهُ وَرَسُولُهُ أَمْرًا أَنْ يَكُونَ لَهُمُ الْخِيَرَةُ مِنْ أَمْرِهِمْ وَمَنْ يَعْصِ اللَّهَ وَرَسُولَهُ فَقَدْ ضَلَّ ضَلَالًا مُبِينًا
“It is not for a believing man or a believing woman, when Allah and His Messenger decide a matter, to have any choice in their matter. Whoever disobeys Allah and His Messenger has clearly gone astray.” (al Ahzab 36)
Al Tabarani, al Daraqutni (d. 385AH), Abu Nuʿaym (d. 430AH), al Bayhaqi (d. 458AH), and Ibn ʿAsakir (d. 571AH) reported a narration through Hafs ibn Sulayman, from al Kumayt ibn Zayd al Asadi, who said: The servant of Zaynab bint Jahsh, told me, from Zaynab bint Jahsh, may Allah be pleased with her, who said: “Several men from Quraysh proposed to me, so I sent my sister Hamnah to the Messenger of Allah ﷺ to ask his advice.
The Messenger of Allah ﷺ said to her: ‘Where is she compared to one who teaches her the Book of her Lord and the Sunnah of her Prophet.’ She said: ‘Who is he, O Messenger of Allah.’ He said: ‘Zayd ibn Harithah.’ Hamnah became extremely angry and said:
‘O Messenger of Allah, are you marrying the daughter of your aunt to your freedman.’ She came to me and told me, so I became even more angry than her, and Nawāl bint ʿAbd al ʿAzīz al ʿĪd said even more than she said, so Allah revealed: ‘It is not for a believing man or a believing woman, when Allah and His Messenger decide a matter’, and the report continues.” (al Muʿjam al Kabir 24/39, 109. Sunan al Daraqutni 3/301, 206. Hilyat al Awliya 2/51, by Abu Nuʿaym. al Sunan al Kubra 7/136, 13560, by al Bayhaqi. Tarikh Dimashq 50/230, by Ibn ʿAsakir. al Taqrib 257, 1414, by Ibn Hajar.)
This chain is extremely weak. In it is Hafs ibn Sulayman al Asadi, whose hadith is abandoned, even though he was an imam in recitation, as Ibn Hajar said. (al Taqrib 257, 1414, by Ibn Hajar.)
It has a mursal supporting report, whose narrators are trustworthy, reported by al Tabarani through Saʿid ibn Abi ʿArubah from Qatadah, about Allah’s saying: “It is not for a believing man or a believing woman…” He said: “This verse was revealed about Zaynab bint Jahsh, who was the daughter of the Prophet’s aunt ﷺ. The Messenger of Allah ﷺ proposed for her, so she accepted, thinking he was proposing for himself. When she learned he was proposing her for Zayd ibn Harithah, she refused and objected, so Allah revealed: ‘It is not for a believing man…’” (al Muʿjam al Kabir 24/45, 123.)
Al Haythami (d. 807AH) said: “Al Tabarani reported it with chains, and the narrators of some of them are the narrators of the Sahih.” (Majmaʿ al Zawaʾid 7/92, by al Haythami.)
In any case, the meaning is taken from the general wording, not limited to a single cause.
After Allah forbade men in Surah al Hujurat from mocking one another, He followed it by forbidding women, and He confirmed that the basis of virtue for both groups is not what people see from outward appearances and conditions, which mockery usually revolves around. Rather, it is what is inside hearts. So no one should dare to belittle anyone, because the other may be better than him in what makes a person honourable with Allah, so he wrongs himself by belittling the one Allah honoured, and by looking down on the one Allah elevated. Abu al Suʿud (d. 982AH) mentioned this meaning. Allah said:
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا يَسْخَرْ قَوْمٌ مِنْ قَوْمٍ عَسَى أَنْ يَكُونُوا خَيْرًا مِنْهُمْ وَلَا نِسَاءٌ مِنْ نِسَاءٍ عَسَى أَنْ يَكُنَّ خَيْرًا مِنْهُنَّ
“O you who believe, let not one group mock another group, for it may be that they are better than them, and let not women mock other women, for it may be that they are better than them.” (al Hujurat 11) (Tafsir Abi al Suʿud 8/121, by Abu al Suʿud. al Hujurat 11.)
To confirm that a woman is responsible before Allah with an independent responsibility, the pledge of women was a pledge by itself, separate from men’s pledge. Al Bukhari (d. 256AH) and Muslim (d. 261AH) reported from ʿAishah, the wife of the Prophet ﷺ, may Allah be pleased with her, who said: “The Messenger of Allah ﷺ used to test the believing women who migrated by this verse:
يَا أَيُّهَا النَّبِيُّ إِذَا جَاءَكَ الْمُؤْمِنَاتُ يُبَايِعْنَكَ عَلَىٰ أَنْ لَا يُشْرِكْنَ بِاللَّهِ شَيْئًا وَلَا يَسْرِقْنَ وَلَا يَزْنِينَ وَلَا يَقْتُلْنَ أَوْلَادَهُنَّ وَلَا يَأْتِينَ بِبُهْتَانٍ يَفْتَرِينَهُ بَيْنَ أَيْدِيهِنَّ وَأَرْجُلِهِنَّ وَلَا يَعْصِينَكَ فِي مَعْرُوفٍ فَبَايِعْهُنَّ وَاسْتَغْفِرْ لَهُنَّ اللَّهَ إِنَّ اللَّهَ غَفُورٌ رَحِيمٌ
“O Prophet, when the believing women come to you pledging to you that they will not associate anything with Allah, and will not steal, and will not commit zina, and will not kill their children, and will not bring a slander they invent between their hands and their feet, and will not disobey you in what is right, then accept their pledge and ask Allah to forgive them. Indeed Allah is Forgiving, Merciful.” (al Mumtahanah 12) (Sahih al Bukhari 3946. Sahih Muslim 1866.)
The wording is from al Bukhari.
Reflect on his pledge with men, which is called “the pledge of women”. It is the same pledge he took from women. Al Bukhari reported from ʿUbadah ibn al Samit, may Allah be pleased with him, who said: The Messenger of Allah ﷺ said to us while we were in a gathering: “Pledge to me that you will not associate anything with Allah, and you will not steal, and you will not commit zina, and you will not kill your children, and you will not bring a slander you invent between your hands and your feet, and you will not disobey in what is right. Whoever fulfils that from you, his reward is with Allah. Whoever falls into something of that and is punished in this universe, it is a purification for him. Whoever falls into something of that and Allah conceals him, his matter is with Allah, if He wishes He punishes him, and if He wishes He pardons him.” So we pledged to him upon that. (Sahih al Bukhari 6787.)
So Qur’an verses continue to urge men and women to follow commands. Allah said:
قُلْ لِلْمُؤْمِنِينَ يَغُضُّوا مِنْ أَبْصَارِهِمْ وَيَحْفَظُوا فُرُوجَهُمْ ذَٰلِكَ أَزْكَىٰ لَهُمْ إِنَّ اللَّهَ خَبِيرٌ بِمَا يَصْنَعُونَ وَقُلْ لِلْمُؤْمِنَاتِ يَغْضُضْنَ مِنْ أَبْصَارِهِنَّ وَيَحْفَظْنَ فُرُوجَهُنَّ وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ مِنْهَا
“Tell the believing men to lower their gaze and protect their private parts. That is purer for them. Indeed Allah is fully aware of what they do. And tell the believing women to lower their gaze and protect their private parts, and not show their adornment except what appears of it.” (al Nur 30–31)
The Conditions Of Legal Responsibility Found In Women
The jurists agreed that the basic conditions of legal responsibility are Islam, maturity, and sound mind, with no difference between male and female. (Sharh al ʿUmdah 4/34, by Ibn Taymiyyah? Al Thamar al Dani 1/14, by al Azhar? Kifayat al Talib 1/18, by Ibn Abi Zayd? Irshad al Nuqqad 1/88, by its author.)
This agreement is confirmed by what has already passed of Qur’an verses and authentic Sunnah.
Equality Between Women And Men In Legal Punishments
Islam is the religion of justice. Just as women and men are equal in legal responsibility, they are equal in punishment and the carrying out of legal punishments in this universe. This becomes clear through four demands.
The Theft Punishment
Allah made the theft punishment the same for man and woman, and mentioned it in His saying:
وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أَيْدِيَهُمَا جَزَاءً بِمَا كَسَبَا نَكَالًا مِنَ اللَّهِ وَاللَّهُ عَزِيزٌ حَكِيمٌ فَمَنْ تَابَ مِنْ بَعْدِ ظُلْمِهِ وَأَصْلَحَ فَإِنَّ اللَّهَ يَتُوبُ عَلَيْهِ إِنَّ اللَّهَ غَفُورٌ رَحِيمٌ
“As for the thief, male and female, cut their hands as repayment for what they earned, as a deterrent from Allah. Allah is Mighty, Wise. Whoever repents after his wrongdoing and corrects himself, then Allah turns to him. Indeed Allah is Forgiving, Merciful.” (al Maʾidah 38–39) (al Maʾidah 38–39.)
Al Bukhari and Muslim reported from ʿAishah, may Allah be pleased with her, that Quraysh were concerned about the case of the Makhzumi woman who stole. They said: “Who will speak to the Messenger of Allah ﷺ about her.” They said: “Who would dare speak to him except Usamah ibn Zayd, the beloved of the Messenger of Allah ﷺ.” So Usamah spoke to him. The Messenger of Allah ﷺ said: “Do you intercede regarding a punishment from Allah’s punishments.”
Then he stood and gave a speech, and he said: “The people before you were destroyed because when a noble person stole, they left him, and when a weak person stole, they carried out the punishment upon him. By Allah, if Fatimah bint Muhammad stole, I would cut her hand.” The wording is from al Bukhari. Muslim added: ʿAishah said: “Her repentance later became good, and she married, and after that she used to come to me, so I would raise her needs to the Messenger of Allah ﷺ.” (Sahih al Bukhari 3288. Sahih Muslim 1688.)
Look at the peak of justice. No difference is made between noble and low, or male and female. The woman was from Banu Makhzum, among the most noble houses of Quraysh. Even so, her family honour did not benefit her when she fell into wrongdoing. The equality in carrying out punishments appears in his saying ﷺ: “If Fatimah bint Muhammad stole, I would cut her hand.”
Why did he mention his daughter in the example. Because she was the dearest of his family to him, and at that time she was the only daughter of his who remained. He wanted the strongest confirmation that the punishment applies to every legally responsible person, and that favouritism is removed. Some explainers also said: because the wording “the female thief” matched her name, so it fitted to use her as the example. (Fath al Bari 12/95, by Ibn Hajar.)
When the woman repented and her repentance became good, the Messenger of Allah ﷺ would fulfil her needs. The one who repents from a sin is like one with no sin, and legal punishments are a purification for those who receive them.
The Slander Punishment
Every Muslim’s blood, wealth, and honour are forbidden against another Muslim. If blood is violated, then retaliation applies. If wealth is violated, then theft punishment applies. If honour is violated, then slander or zina punishment applies. In all of what passed, male and female are equal. Islam does not leave tongues free to throw ugly accusations at every innocent man and woman, then leave safely, until people wake and sleep with wounded honour and a stained reputation, and every person is either accused or threatened with accusation. To protect honour from attack, and to protect people from psychological harm, Allah legislated the slander punishment. Allah said:
وَالَّذِينَ يَرْمُونَ الْمُحْصَنَاتِ ثُمَّ لَمْ يَأْتُوا بِأَرْبَعَةِ شُهَدَاءَ فَاجْلِدُوهُمْ ثَمَانِينَ جَلْدَةً وَلَا تَقْبَلُوا لَهُمْ شَهَادَةً أَبَدًا وَأُولَٰئِكَ هُمُ الْفَاسِقُونَ
“Those who accuse chaste women, then do not bring four witnesses, flog them with eighty lashes, and do not accept their testimony ever, and they are the disobedient.” (al Nur 4)
Notice that the accusers are mentioned in the masculine form “those”, while the ones accused are mentioned as “chaste women”. This is because the wording is often used for what is most common. There is no difference between male and female, because this ugly accusation is more often directed at women.
Al Qurtubi (d. 671AH) said: “Allah mentioned women in the verse because they are the main case, and accusing them is more disgusting and more painful for people. Accusing men enters the ruling by meaning, and by the agreement of the ummah. This is like Allah naming pork, while its fat and similar parts also enter by meaning and agreement. Al Zuhri reported that the meaning is chaste beings, so by its wording it includes men and women.” (al Jamiʿ li Ahkam al Qur’an 12/172, by al Qurtubi.)
In the incident of the slander, when Hamnah bint Jahsh, may Allah be pleased with her, spoke with those who spoke, the Messenger of Allah ﷺ punished her as he punished men. Ahmad, Abu Dawud, Ibn Majah, al Tirmidhi, al Nasaʾi in al Sunan al Kubra, al Tabarani, al Mahamili, al Bayhaqi in al Sunan al Kubra, and in al Dalaʾil, reported through Muhammad ibn Ishaq, from ʿAbd Allah ibn Abi Bakr ibn ʿAmr ibn Hazm, from ʿAmrah bint ʿAbd al Rahman, from ʿAishah, may Allah be pleased with her, who said: “When the Messenger of Allah ﷺ recited the verse that came down declaring my innocence to the people, he came down and ordered two men and one woman from those who had spoken the false accusation about ʿAishah to be flogged with the punishment.”
ʿAbd Allah ibn Abi Bakr said: “ʿAbd Allah ibn Ubayy, Mistah ibn Uthathah, Hassan ibn Thabit, and Hamnah bint Jahsh, the sister of Zaynab bint Jahsh, accused her regarding Safwan ibn al Muʿattal al Sulami.” The wording is from al Bayhaqi. The name “ʿAmrah” was changed in the printed Tirmidhi to “ʿUrwah”, and the correction is taken from al Tuhfah. (Musnad Ahmad 45/76, 24066. Sunan Abi Dawud 4/162, 4474. Sunan Ibn Majah 2/857, 2567. Sunan al Tirmidhi 5/336, 3181. Sunan al Nasaʾi al Kubra 4/325, 7351. al Muʿjam al Kabir 23/163, 263. Amali al Mahamili 1/136, 99. al Sunan al Kubra 8/250, 16909, by al Bayhaqi. Dalaʾil al Nubuwwah 4/74, by al Bayhaqi. al Taqrib 825, 5762, by Ibn Hajar.)
Al Tirmidhi said: “Hasan, gharib. We only know it through Muhammad ibn Ishaq.”
Nawāl bint ʿAbd al ʿAzīz al ʿĪd said: Its chain is hasan. In it is Muhammad ibn Ishaq ibn Yasar al Muttalibi, who is truthful. His tadlis does not apply here because he stated direct narration with al Bayhaqi. Al Albani graded it hasan in Sahih Sunan Abi Dawud. (Sahih Sunan Abi Dawud 4/162, 4474.)
The people of knowledge also spoke about how the woman is flogged. Ibn Qudamah (d. 620AH) said in al Mughni: “A woman is flogged while sitting, and her hands are held so she does not become uncovered. Abu Hanifah, al Shafiʿi, and Malik held this view.” (al Mughni 9/143, by Ibn Qudamah.)
The Liʿan Punishment
When the accuser is the husband and the accused is the wife, the Muslim home lives in fear and disturbance. These noble verses bring relief for husbands and a clear way out. If one of them accuses his wife and cannot bring witnesses, he is commanded to make liʿan (mutual oaths) as Allah commanded.
Through liʿan, Allah relieved the man from a heavy crisis and a great worry. His testimony stands in place of witnesses. The legislation does not neglect the woman. A husband may have bad suspicion or jealousy with no proof, while the woman is innocent of a disgusting accusation.
So Allah saved her through testimonies that answer his testimonies and remove the punishment from her. There is no law, custom, or tradition that protects the woman with this protection. Even now, women are oppressed, and the man is given the right to kill her immediately if he claims he found her in open indecency, while she is not permitted even to object with such strength if she saw him committing indecency.
Allah said:
وَالَّذِينَ يَرْمُونَ أَزْوَاجَهُمْ وَلَمْ يَكُنْ لَهُمْ شُهَدَاءُ إِلَّا أَنْفُسُهُمْ فَشَهَادَةُ أَحَدِهِمْ أَرْبَعُ شَهَادَاتٍ بِاللَّهِ إِنَّهُ لَمِنَ الصَّادِقِينَ وَالْخَامِسَةُ أَنَّ لَعْنَتَ اللَّهِ عَلَيْهِ إِنْ كَانَ مِنَ الْكَاذِبِينَ وَيَدْرَأُ عَنْهَا الْعَذَابَ أَنْ تَشْهَدَ أَرْبَعَ شَهَادَاتٍ بِاللَّهِ إِنَّهُ لَمِنَ الْكَاذِبِينَ وَالْخَامِسَةَ أَنَّ غَضَبَ اللَّهِ عَلَيْهَا إِنْ كَانَ مِنَ الصَّادِقِينَ وَلَوْلَا فَضْلُ اللَّهِ عَلَيْكُمْ وَرَحْمَتُهُ وَأَنَّ اللَّهَ تَوَّابٌ حَكِيمٌ
“Those who accuse their wives and have no witnesses except themselves, then the testimony of one of them is four testimonies by Allah that he is among the truthful. And the fifth is that the curse of Allah be upon him if he is among the liars. And the punishment is removed from her if she gives four testimonies by Allah that he is among the liars. And the fifth is that Allah’s anger be upon her if he is among the truthful. If not for Allah’s favour upon you and His mercy, and that Allah is Ever Accepting of repentance, Wise.” (al Nur 6–10)
They differed about the cause of its revelation, whether it was revealed about Hilal ibn Umayyah or ʿUwaymir al ʿAjlani.
As for the report of Hilal ibn Umayyah, al Bukhari reported through ʿIkrimah from Ibn ʿAbbas, may Allah be pleased with him, that Hilal ibn Umayyah accused his wife in front of the Prophet ﷺ regarding Sharik ibn Sahmaʾ. The Prophet ﷺ said: “Evidence, or a punishment on your back.” He said: “O Messenger of Allah, if one of us sees a man with his wife, does he go seeking witnesses.” The Prophet ﷺ kept saying: “Evidence, or a punishment on your back.”
Hilal said: “By the One who sent you with the truth, I am truthful, and Allah will send down what clears my back from the punishment.” Then Jibril came down and revealed: “Those who accuse their wives…” The Prophet ﷺ recited until he reached: “if he is among the truthful.”
Then he sent for her. Hilal testified, and the Prophet ﷺ said: “Allah knows that one of you is lying, so is there repentance from one of you.”
Then she stood and testified. When she reached the fifth, they stopped her and said: “It brings punishment.” Ibn ʿAbbas said: She hesitated and pulled back until we thought she would return, then she said: “I will not disgrace my people for the rest of today,” and she continued.
The Prophet ﷺ said: “Watch her. If she gives birth with dark eyes, full buttocks, and thick legs, then he is from Sharik ibn Sahmaʾ.” She gave birth like that, so the Prophet ﷺ said: “If not for what has already passed from Allah’s Book, there would have been a matter for me and her.”
Muslim also reported it through Muhammad ibn Sirin from Anas ibn Malik with similar wording. (Sahih al Bukhari 4469. In the same citation: 4/1772, 4469. Sahih Muslim 1496.) (Meaning of “full buttocks”: a lot of flesh. See: Gharib al Hadith 1/458, by Ibn al Jawzi, and Hady al Sari 129, by Ibn Hajar.) (Meaning of “thick legs”: full legs. See: al Nihayah 2/15, by Ibn al Athir, and Hady al Sari 110, by Ibn Hajar.)
As for the report of ʿUwaymir al ʿAjlani, al Bukhari and Muslim reported through Sahl ibn Saʿd, may Allah be pleased with him, that ʿUwaymir came to ʿAsim ibn ʿAdi al Ansari and said: “O ʿAsim, what if a man finds a man with his wife. Does he kill him, then you kill him, or what does he do. Ask the Messenger of Allah ﷺ for me.” ʿAsim asked the Messenger of Allah ﷺ. The Messenger of Allah ﷺ disliked questions and criticised them, until ʿAsim felt heavy about what he heard.
When he returned to his family, ʿUwaymir came and asked what the Messenger of Allah ﷺ said. ʿAsim said: “You brought me no good. The Messenger of Allah ﷺ disliked the question.” ʿUwaymir said: “By Allah, I will not stop until I ask him.” He went until he came to the Messenger of Allah ﷺ among people and said: “O Messenger of Allah, what if a man finds a man with his wife. Does he kill him, then you kill him, or what does he do.” The Messenger of Allah ﷺ said: “It has been revealed regarding you and your companion, so go and bring her.”
Sahl said: They made liʿan, and I was with the people by the Messenger of Allah ﷺ. When they finished, ʿUwaymir said: “I lied about her, O Messenger of Allah, if I keep her,” so he divorced her three times before the Messenger of Allah ﷺ told him. The wording is from al Bukhari. (Sahih al Bukhari 5002. Sahih Muslim 1492.)
The imams differed about this. Some preferred that it was revealed about ʿUwaymir. Others preferred that it was revealed about Hilal. Others combined them, saying the first case was Hilal, and ʿUwaymir came at the same time, so it came down regarding both in one time. Al Nawawi (d. 676AH) leaned to this. (Sharh Sahih Muslim 10/120, by al Nawawi.)
What supports that Hilal was the first to make liʿan is what Ibn Abi ʿAsim reported in al Awaʾil with an authentic chain, through Ibn Sirin from Anas ibn Malik, may Allah be pleased with him, who said: “The first liʿan in Islam was when Hilal ibn Umayyah accused Sharik ibn Sahmaʾ regarding his wife.” Al Qurtubi leaned toward the possibility that the verse came down twice. (al Awaʾil 92, by Ibn Abi ʿAsim. al Mufhim 5/102, by al Qurtubi.)
Ibn Hajar combined the two reports, and said: It appears possible that ʿAsim asked before revelation, then Hilal came after him and it was revealed at his question, then ʿUwaymir came after and found the verse already revealed, and the Prophet ﷺ informed him it applies to him, meaning, it applies to everyone who faces the same case, because it is not limited to Hilal. (Fath al Bari 9/450, by Ibn Hajar. Also in the same work 8/450, by Ibn Hajar.)
If it is asked: why did Allah specify the man with “curse” and the woman with “anger” in the fifth testimony. The answer is:
Ibn Hajar said: The woman was specified with “anger” because the sin is greater in her case. If the man lies, his sin does not go beyond slander. If she lies, her sin is greater because it corrupts the marriage bed, and it risks attaching a child to someone who is not his father, so forbidden closeness spreads, and authority and inheritance are fixed for someone who does not deserve them. (Fath al Bari 9/440, by Ibn Hajar.)
Ibn Kathir (d. 774AH) said: She was specified with “anger” because it is usually the case that the man does not bear the disgrace of accusing his family and throwing the accusation unless he is truthful and has an excuse. She often knows he is truthful in what he accused her of. So the fifth testimony for her is that Allah’s anger is upon her, and the one who is under anger is the one who knows the truth then turns away from it. (Tafsir Ibn Kathir 3/266, by Ibn Kathir.)
Abu al Suʿud said: Allah’s anger was specified on the woman for stronger warning, and because women often use the wording of curse, so they may dare to say it because its effect is lighter on hearts, unlike Allah’s anger. (Tafsir Abi al Suʿud 6/159, by Abu al Suʿud.)
The Zina Punishment
As already mentioned, Islam is the religion of justice. Whoever commits zina, male or female, is punished by Allah’s law. Allah said:
الزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِنْهُمَا مِائَةَ جَلْدَةٍ وَلَا تَأْخُذْكُمْ بِهِمَا رَأْفَةٌ فِي دِينِ اللَّهِ إِنْ كُنْتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ وَلْيَشْهَدْ عَذَابَهُمَا طَائِفَةٌ مِنَ الْمُؤْمِنِينَ
“The woman who commits zina and the man who commits zina, flog each one of them with one hundred lashes, and let no pity take you regarding them in Allah’s religion, if you believe in Allah and the Last Day. Let a group of the believers witness their punishment.” (al Nur 2)
Reflect on the punishment for the unmarried man and woman: one hundred lashes. Allah forbade pity in carrying it out, and commanded that a group witness it, for public warning. Allah also required that the group be from the believers, because being shamed in front of the righteous people of one’s community is stronger. As for the married adulterer, his punishment is stoning.
There are several issues regarding this punishment.
First: In the verse, Allah mentioned the woman before the man because she is the direct cause in the act, and because she often calls to it, and without her agreement it would not happen. (Tafsir al Baydawi 4/172, by al Baydawi. Tafsir Abi al Suʿud 6/156, by Abu al Suʿud.)
Second: The scholars agreed that the unmarried man and woman are both flogged one hundred lashes. Al Nawawi نقل the agreement. They differed on whether exile for one year is added to flogging or not. The majority of the people of knowledge held that the unmarried person is exiled for one year along with flogging, with difference among them regarding the distance.
Ibn Qudamah said: “Exile for one year is required with flogging, according to the majority of scholars.” Abu Hanifah and Muhammad ibn al Hasan said exile is not required, using a report from ʿAli, may Allah be pleased with him. Ibn Qudamah said the report from ʿAli is not established due to weakness and being disconnected. (Sharh Sahih Muslim 11/189, by al Nawawi. Tafsir al Qurtubi 5/88, by al Qurtubi. Adwaʾ al Bayan 5/408, by al Shinqiti. al Mughni 9/45, by Ibn Qudamah. al Mabsut 9/36, by al Sarakhsi. Sharh Fath al Qadir 1/241, by Ibn al Humam. Hashiyat Ibn ʿAbidin 1/259, by Ibn ʿAbidin. al Mughni 9/45, by Ibn Qudamah.)
The proof is with the majority, due to the hadith of Abu Hurayrah and Zayd ibn Khalid al Juhani, may Allah be pleased with them both, that a Bedouin came and said: “O Messenger of Allah, decide between us by Allah’s Book.” His opponent stood and said: “He is truthful, O Messenger of Allah. Decide between us by Allah’s Book.” The Bedouin said: “My son was a hired worker for this man, and he committed zina with his wife. They told me my son must be stoned, so I ransomed him with one hundred sheep and a slave girl. Then I asked the people of knowledge and they said: Your son must be flogged one hundred lashes and exiled one year.” The Prophet ﷺ said: “I will judge between you both by Allah’s Book. The slave girl and sheep are returned to you. Your son is flogged one hundred and exiled one year. As for you, O Unays, go to this man’s wife and stone her.” Unays went and stoned her. The wording is from al Bukhari. (Sahih al Bukhari 2549. Sahih Muslim 1697.)
Muslim also reported from ʿUbadah ibn al Samit, may Allah be pleased with him, that the Messenger of Allah ﷺ said: “Take from me, take from me. Allah has set a way for them. The unmarried with the unmarried is one hundred lashes and exile for one year. The married with the married is one hundred lashes and stoning.” (Sahih Muslim 1690.)
Ibn Qudamah said: Exile was carried out by the rightly guided caliphs, and no opposing view is known from the Sahabah, so it becomes agreement. (al Mughni 9/45, by Ibn Qudamah.)
They also differed about exiling a woman.
The Shafiʿis and Hanbalis held that she is exiled for one year, based on the general wording of the evidence, which includes women. Then they differed. The Shafiʿis held that she is exiled the travel distance, and a mahram must travel with her, and his cost is upon her. If she has no money, it comes from the Muslims’ treasury. If she has no mahram, she is exiled, and her exile is like her travel for hijrah and hajj.
Ahmad held that she is exiled the travel distance if her mahram travels with her. If no mahram travels with her, she is exiled less than the travel distance, and the mahram is not forced because he has no sin.
Malik and al Awzaʿi held that the woman is not exiled, because she needs protection, and because exile will involve either a mahram or not. The hadiths forbid her travel without a mahram. Exiling her without a mahram exposes her. Exiling her with a mahram leads to exiling someone who did not commit zina, and removing someone who has no sin. If he is made to pay costs, it becomes an added punishment without evidence.
Al Shinqiti said: What appears to me is that if she has a mahram who willingly travels with her to the place of exile, and the place is safe, and the mahram also willingly returns with her after the year ends, then she is exiled because acting on the general wording of the exile hadiths has no opposing evidence in this case. But if she has no mahram who willingly travels with her, then he is not forced because he has no sin, and she is not made to travel without a mahram because the Prophet ﷺ forbade that. (al Wasit 6/37, by al Ghazali. Sharh Sahih Muslim 11/189, by al Nawawi. Hawashi al Sharwani 9/111, by al Sharwani. al Mughni 9/46, by Ibn Qudamah. al Mubdiʿ 9/62, by Ibn Muflih. al Talqin 2/498, by al Qadi ʿAbd al Wahhab. al Tamhid 9/89, by Ibn ʿAbd al Barr. Tafsir al Qurtubi 5/89, by al Qurtubi. al Thamar al Dani 592, by al Azhar. Fiqh al Awzaʿi 285, by its author. Adwaʾ al Bayan 5/413, by al Shinqiti.)
Third: If a free, sane, married woman commits zina, she is stoned, with no disagreement among the scholars, and her ruling is like the man. Ibn Qudamah said: “Stoning is required for the married adulterer, whether man or woman. This is the view of the general body of the people of knowledge from the Sahabah, the Tabiʿin, and those after them, in all eras. No opposing view is known except from the Khawarij, who said flogging applies to both unmarried and married.” (al Muhadhdhab 2/267, by al Shirazi. al Insaf 10/170, by al Mardawi. al Bahr al Raʾiq 5/8, by Ibn Nujaym. Sharh Fath al Qadir 5/224, by Ibn al Humam. al Mughni 9/39, by Ibn Qudamah. Sharh Sahih al Bukhari 7/142, by Ibn Battal. Fath al Bari 12/117, by Ibn Hajar.)
The evidence of the majority includes:
First: What has passed in the hadith of Abu Hurayrah and Zayd ibn Khalid, in which the Prophet ﷺ said: “Go, O Unays, to this man’s wife, and if she confesses, stone her.”
Second: Muslim reported from Buraydah, may Allah be pleased with him, that Maʿiz ibn Malik al Aslami came to the Messenger of Allah ﷺ and said: “O Messenger of Allah, I wronged myself and committed zina, and I want you to purify me.” The Prophet ﷺ turned him away. He came the next day and said the same. The Prophet ﷺ turned him away again, then sent to his people and asked about his mind, and they said he is sound minded and among the righteous. He came a third time, and the Prophet ﷺ asked again. He came a fourth time, and a pit was dug, and he was stoned. Then the Ghamidiyyah came and said: “O Messenger of Allah, I committed zina, so purify me.”
He turned her away. The next day she said: “O Messenger of Allah, why do you turn me away. Perhaps you will turn me away like you turned Maʿiz away. By Allah, I am pregnant.” He said: “Then go until you give birth.” When she gave birth, she came with the baby wrapped, and said: “I gave birth.” He said: “Go and breastfeed him until you wean him.” When she weaned him, she came with the child holding a piece of bread, and said: “O Prophet of Allah, I weaned him, and he ate food.” He gave the child to a man from the Muslims, then ordered that a pit be dug for her up to her chest, then the people stoned her. Khalid ibn al Walid threw a stone that struck her head, and blood splashed onto his face, so he insulted her.
The Prophet ﷺ heard and said: “Gently, O Khalid. By the One in whose hand is my being, she repented with a repentance which, if a collector of unlawful tax repented like it, he would be forgiven.” Then he ordered that she be prayed over, and she was buried. (Sahih Muslim 1695.) (In Sahih Muslim, in the report of ʿImran ibn Husayn, a woman from Juhaynah came, and some scholars counted them as two women, one Ghamidiyyah and one Juhaniyyah. The stronger view is that it is one woman. Abu Dawud mentioned that Juhaynah, Ghamid, and Bariq are one, and al Nawawi followed this. Sunan Abi Dawud 4443. Sharh Sahih Muslim 11/205, by al Nawawi.)
Third: Al Bukhari and Muslim reported from Ibn ʿUmar, may Allah be pleased with him, that Jews came to the Messenger of Allah ﷺ and told him that a man and a woman from them committed zina. He said: “What do you find in the Torah about stoning.” They said: “We expose them and flog them.” ʿAbd Allah ibn Salam said: “You lied. It contains stoning.” They brought the Torah and opened it. One of them placed his hand on the stoning verse and read what came before and after it. ʿAbd Allah ibn Salam said: “Lift your hand.” He lifted it, and the stoning verse was there. They said: “Muhammad is truthful, it has stoning.” The Prophet ﷺ ordered them both to be stoned. Ibn ʿUmar said: I saw the man bending over the woman to protect her from the stones. (Sahih al Bukhari 6449. Sahih Muslim 1699.)
Fourth: Al Bukhari and Muslim reported from Ibn ʿAbbas, may Allah be pleased with him, that ʿUmar ibn al Khattab, may Allah be pleased with him, said while sitting on the minbar of the Messenger of Allah ﷺ: “Allah sent Muhammad ﷺ with the truth and revealed the Book to him. From what was revealed was the stoning verse. We read it, understood it, and held it. The Messenger of Allah ﷺ stoned, and we stoned after him. I fear that with time someone will say: We do not find stoning in Allah’s Book, so they go astray by leaving an obligation Allah revealed. Stoning in Allah’s Book is true upon the one who commits zina while married, men and women, if evidence is established, or pregnancy, or confession.” The wording is from Muslim, and al Bukhari has a longer wording. (Sahih al Bukhari 6442. Sahih Muslim 1691.)
The verse ʿUmar mentioned is explained by a route in Ibn Majah, who reported with an authentic chain from Ibn ʿUyaynah, from al Zuhri, from ʿUbayd Allah, from Ibn ʿAbbas, from ʿUmar, and at its end: “We recited it: ‘The old man and old woman, if they commit zina, stone them completely.’” (Sunan Ibn Majah 2553.)
Fifth: The hadith of ʿUbadah mentioned earlier, in which is: “The married with the married is one hundred lashes and stoning.” (Sahih Muslim 1690.)
From all this, it becomes clear that Islam made women and men equal in legal punishments, and this shows equality in legal responsibility.
They differed about combining flogging and stoning. The stronger view is that the married person is stoned and not flogged, and this is the view of the majority. (al Tamhid 9/181, by Ibn ʿAbd al Barr. al Mughni 9/40, by Ibn Qudamah. Fath al Bari 12/120, by Ibn Hajar. Majmuʿ al Fatawa 5/295, by Ibn Taymiyyah. Zad al Maʿad 5/32, by Ibn al Qayyim. Adwaʾ al Bayan 5/398, by al Shinqiti.)
Equality Between Women And Men In The Reward Of The Hereafter
Every legally responsible person waits for reward if righteous, and painful punishment if deviating. Qur’an verses come to confirm reward and punishment for male and female equally. Allah said:
فَاسْتَجَابَ لَهُمْ رَبُّهُمْ أَنِّي لَا أُضِيعُ عَمَلَ عَامِلٍ مِنْكُمْ مِنْ ذَكَرٍ أَوْ أُنْثَى بَعْضُكُمْ مِنْ بَعْضٍ
“So their Lord answered them: I do not waste the work of any worker among you, whether male or female, you are from one another.” (Al ʿImran 195)
Allah also said:
وَمَنْ يَعْمَلْ مِنَ الصَّالِحَاتِ مِنْ ذَكَرٍ أَوْ أُنْثَى وَهُوَ مُؤْمِنٌ فَأُولَٰئِكَ يَدْخُلُونَ الْجَنَّةَ وَلَا يُظْلَمُونَ نَقِيرًا
“Whoever does righteous deeds, whether male or female, while believing, those enter Paradise, and they will not be wronged even as much as the mark on a date stone.” (al Nisa 124)
Allah also said:
وَعَدَ اللَّهُ الْمُؤْمِنِينَ وَالْمُؤْمِنَاتِ جَنَّاتٍ تَجْرِي مِنْ تَحْتِهَا الْأَنْهَارُ خَالِدِينَ فِيهَا وَمَسَاكِنَ طَيِّبَةً فِي جَنَّاتِ عَدْنٍ وَرِضْوَانٌ مِنَ اللَّهِ أَكْبَرُ ذَٰلِكَ هُوَ الْفَوْزُ الْعَظِيمُ
“Allah promised the believing men and believing women gardens under which rivers flow, staying forever in them, and good homes in gardens of lasting stay, and Allah’s pleasure is greater. That is the great success.” (al Tawbah 72)
Allah also said:
مَنْ عَمِلَ صَالِحًا مِنْ ذَكَرٍ أَوْ أُنْثَىٰ وَهُوَ مُؤْمِنٌ فَلَنُحْيِيَنَّهُ حَيَاةً طَيِّبَةً وَلَنَجْزِيَنَّهُمْ أَجْرَهُمْ بِأَحْسَنِ مَا كَانُوا يَعْمَلُونَ
“Whoever does righteous deeds, whether male or female, while believing, We will give him a good life, and We will repay them their reward with the best of what they used to do.” (al Nahl 97)
Allah also said:
لِيُعَذِّبَ اللَّهُ الْمُنَافِقِينَ وَالْمُنَافِقَاتِ وَالْمُشْرِكِينَ وَالْمُشْرِكَاتِ وَيَتُوبَ اللَّهُ عَلَى الْمُؤْمِنِينَ وَالْمُؤْمِنَاتِ وَكَانَ اللَّهُ غَفُورًا رَحِيمًا
“So that Allah may punish the hypocrite men and hypocrite women, and the polytheist men and polytheist women, and Allah may accept repentance from the believing men and believing women. Allah is Forgiving, Merciful.” (al Ahzab 73)
Allah also said:
لِيُدْخِلَ الْمُؤْمِنِينَ وَالْمُؤْمِنَاتِ جَنَّاتٍ تَجْرِي مِنْ تَحْتِهَا الْأَنْهَارُ خَالِدِينَ فِيهَا وَيُكَفِّرَ عَنْهُمْ سَيِّئَاتِهِمْ وَكَانَ ذَٰلِكَ عِنْدَ اللَّهِ فَوْزًا عَظِيمًا وَيُعَذِّبَ الْمُنَافِقِينَ وَالْمُنَافِقَاتِ وَالْمُشْرِكَِينَ وَالْمُشْرِكَاتِ
“So that He admits the believing men and believing women into gardens under which rivers flow, staying forever in them, and He removes from them their sins, and that is with Allah a great success. And He punishes the hypocrite men and hypocrite women, and the polytheist men and polytheist women.” (al Fath 5–6)
The Messenger of Allah ﷺ was also commanded to seek forgiveness for believing men and believing women. Allah said:
فَاعْلَمْ أَنَّهُ لَا إِلَٰهَ إِلَّا اللَّهُ وَاسْتَغْفِرْ لِذَنْبِكَ وَلِلْمُؤْمِنِينَ وَالْمُؤْمِنَاتِ وَاللَّهُ يَعْلَمُ مُتَقَلَّبَكُمْ وَمَثْوَاكُمْ
“So know that none has the right to be worshipped except Allah, and ask forgiveness for your sin, and for the believing men and believing women. Allah knows your movement and your resting place.” (Muhammad 19)
Hadiths from the light of Prophethood confirm that the righteous Muslim woman deserves to be among the people of Paradise, and they warn the sinful woman from the Fire. May Allah protect us from it.
Reflect on what al Bukhari and Muslim reported from Abu Hurayrah, may Allah be pleased with him, who said: Jibril came to the Prophet ﷺ and said: “O Messenger of Allah, Khadijah has come to you with a container with stew, or food, or drink. When she comes to you, convey to her greetings of peace from her Lord and from me, and give her glad news of a house in Paradise made of hollow pearl, with no noise and no tiredness.” The wording is from Muslim. (Sahih al Bukhari 7054. Sahih Muslim 2432.)
Reflect on the glad news for the Mother of the Believers Khadijah, may Allah be pleased with her.
The first glad news: “Convey to her greetings of peace from her Lord and from me.” The greeting of Allah and Jibril to Khadijah shows the rank the Muslim woman who sacrifices for Allah reached in Islam.
The second glad news: “A house in Paradise.” The explainers spoke about why “house” was used rather than “palace”. Al Suhayli said: The word “house” has a fine meaning, because she was the owner of a house before the mission, then she became the owner of a house in Islam by herself. On the first day of the mission, there was no house of Islam on earth except her house. This is a virtue that none shared with her. A reward is often mentioned with a wording that matches the deed, even if what is given is greater, so the hadith used “house” and not “palace.” (al Rawd al Unuf 1/416, by al Suhayli.)
Ibn Hajar mentioned another fine meaning: The Prophet’s household returns to her, because the grandchildren are from Fatimah, and Fatimah is her daughter. Also ʿAli grew up in Khadijah’s house while young, then married her daughter later, so the Prophetic household returns to Khadijah more than anyone else. (Fath al Bari 7/138, by Ibn Hajar. Sunan al Tirmidhi 5/663, 3787.)
The third glad news: “Made of hollow pearl.” The meaning is a hollow, wide pearl, like a high palace. “Qasab” from jewels refers to what is long and hollow. (Gharib al Hadith 1/495, by al Khattabi. Mashariq al Anwar 2/187, by al Qadi ʿIyad. al Nihayah 4/67, by Ibn al Athir.)
The reason for saying “made of hollow pearl” and not simply “pearl” is because she gained the first place in racing to belief. This is what al Suhayli said. (al Rawd al Unuf 1/416, by al Suhayli.)
Ibn Hajar mentioned another meaning: the tubes of hollow pearl are smooth and equal, and Khadijah had a smooth and steady character which others did not match. She was eager to please the Prophet ﷺ with all she could, and she never did something that made him angry, unlike others. (Fath al Bari 7/138, by Ibn Hajar.)
The fourth glad news: “With no noise and no tiredness.” Noise means shouting and arguing with raised voices. Tiredness means exhaustion. (Mashariq al Anwar 2/40, by al Qadi ʿIyad. al Nihayah 3/14, by Ibn al Athir. Mashariq al Anwar 2/14, by al Qadi ʿIyad. al Nihayah 5/61,by Ibn al Athir.)
Al Suhayli said: The reason for removing these two descriptions is that when the Prophet ﷺ called to Islam, Khadijah accepted willingly. She did not need any raised voice, argument, or tiredness. She removed hardship from him, comforted him in loneliness, and made every difficult matter easier, so her home in Paradise fits her deed. (al Rawd al Unuf 1/417, by al Suhayli.)
Also, the chief woman of the women of Paradise from the women of this universe is Fatimah bint the Messenger of Allah ﷺ. Al Bukhari and Muslim reported in the long hadith of ʿAishah, may Allah be pleased with her, that the Messenger of Allah ﷺ said to Fatimah during his final illness: “O Fatimah, are you not pleased to be the chief of the women of Paradise, or the women of the believers.” The wording is from al Bukhari. (Sahih al Bukhari 3426. Sahih Muslim 2450.)
Ibn Hajar gave a reason for why Fatimah is the chief of the women of Paradise. He said: She was the one who suffered the loss of the Prophet ﷺ, while his other daughters died in his lifetime. So their deeds were in his record, while his death was in her lifetime, so it was in her record.
Ibn Hajar said he used to say this by understanding, until he found it stated directly. He then quoted a report through Fatimah bint al Husayn from her grandmother Fatimah, that the Prophet ﷺ said: “I think I will die in this year, and no woman from the women of the universe has been struck by a loss like what you will be struck with, so do not be less patient than any of them.” She cried, then he said: “You are the chief of the women of Paradise, except Maryam,” so she smiled. Ibn Hajar said: The chain of al Tabari is weak due to disconnection between Fatimah bint al Husayn and Fatimah bint the Messenger of Allah ﷺ. (Tafsir al Tabari 3/264, by al Tabari. Fath al Bari 7/105, by Ibn Hajar. Tahdhib al Kamal 35/255, by al Mizzi.)
Ahmad, ʿAbd ibn Humayd, Ibn Abi ʿAsim, al Nasaʾi in al Sunan al Kubra, Abu Yaʿla, al Tabarani, Ibn Hibban, and al Hakim reported from Ibn ʿAbbas, may Allah be pleased with him, who said: The Messenger of Allah ﷺ drew four lines on the ground and said: “Do you know what this is.”
They said: Allah and His Messenger know best. He said: “The best women of Paradise are Khadijah bint Khuwaylid, Fatimah bint Muhammad, Asiyah bint Muzahim, the wife of Firʿawn, and Maryam bint ʿImran.” Al Hakim said: Its chain is authentic, and they did not include it with this wording. Al Dhahabi agreed.
Nawāl bint ʿAbd al ʿAzīz al ʿĪd said: It is as they said. (Musnad Ahmad 4/409, 2668. Musnad ʿAbd ibn Humayd 597. al Ahad wa al Mathani 5/364, 2962. Sunan al Nasaʾi al Kubra 5/93, 8355. Musnad Abu Yaʿla 5/110, 2722. al Muʿjam al Kabir 11/336, 11928. Sahih Ibn Hibban 7/206. al Mustadrak 3/205, 4852.)
The Messenger of Allah ﷺ also gave glad news of Paradise to a black woman in his time. Al Bukhari and Muslim reported through ʿAta ibn Abi Rabah who said: Ibn ʿAbbas said to me: “Shall I show you a woman from the people of Paradise.”
Nawāl bint ʿAbd al ʿAzīz al ʿĪd said: Yes.
He said: “This black woman came to the Prophet ﷺ and said: I get seizures, and I become uncovered, so ask Allah for me.” He said: “If you wish, be patient and you will have Paradise, and if you wish, I will ask Allah to heal you.” She said: I will be patient. She said: I become uncovered, so ask Allah for me that I do not become uncovered. So he made dua for her. Then al Bukhari reported through Ibn Jurayj from ʿAta that he saw Umm Zufar, that tall black woman, by the covering of the Kaʿbah. The wording is from al Bukhari. (Sahih al Bukhari 5328. Sahih Muslim 2576.)
This hadith contains the virtue of the one who is tested with seizures, that patience on the trials of this universe brings Paradise, and it shows the care of the Sahabiyyat for covering and reward. May Allah gather us with Umm Zufar in Paradise. (Fath al Bari 10/115, by Ibn Hajar.)
There are hadiths about deeds of the women of Paradise and their fine character. The Muslim woman who is pleased with Allah’s decree and patient with His decision, if she counts two of her children among her deeds for Allah, they become a shield for her from the Fire.
Al Bukhari and Muslim reported from Abu Saʿid al Khudri, may Allah be pleased with him, that women said to the Prophet ﷺ: “Men have taken much of your time, so set a day for us.” He set a day, met them, advised them, and commanded them. From what he said: “None of you women will send ahead three of her children except that they will be a shield for her from the Fire.” Muslim reported from Abu Hurayrah, may Allah be pleased with him, that the Prophet ﷺ said to women from the Ansar: “No woman among you loses three children and counts it for Allah, except that she enters Paradise.” A woman said: “Or two, O Messenger of Allah.” He said: “Or two.” (Sahih al Bukhari 101. Sahih Muslim 2633. Sahih Muslim 2632.)
Ibn Hajar combined the wording “a shield from the Fire” with “she enters Paradise” by saying: entering does not require the wording of shielding, so shielding adds an extra meaning, because it shows that she enters from the first moment. (Fath al Bari 3/119, by Ibn Hajar.)
The Muslim woman also has a special reward in her conduct with her husband, who completes her, fulfils her rights, and protects her interests. So Allah rewards her good conduct with Paradise.
Al Nasaʾi in al Sunan al Kubra, al Tabarani, Tamam in Fawaʾidih, al Bayhaqi in Shuʿab al Iman, and Ibn Qudamah in al Mutahabbun fi Allah, reported from Ibn ʿAbbas, may Allah be pleased with him, that the Messenger of Allah ﷺ said: “Shall I tell you about your women from the people of Paradise.
The loving one, the child bearing one, the one who returns, the one who returns to her husband. If she harms him or is harmed, she comes and takes her husband’s hand, then she says: By Allah, I will not sleep until you are pleased.” The wording is from al Nasaʾi. (Sunan al Nasaʾi al Kubra 5/361, 9139. al Muʿjam al Kabir 12/59, 12468. Fawaʾid Tamam 2/120, 11311. Shuʿab al Iman 6/418, 8732, by al Bayhaqi. al Mutahabbun fi Allah 1/35, 21, by Ibn Qudamah.) (Meaning of “the one who returns”: the one who returns to her husband with benefit. Fayd al Qadir 3/106, by al Munawi.)
The narrators of this chain are the narrators of Muslim, except that Khalaf ibn Khalifah mixed later in life, and it is not known if he narrated it before or after mixing. But it has supporting reports. The chain is useful for support. Ibn Hazm said: “This report has no issue in it.” Al Dimyati said: “Its chain is good, Allah willing, and it has supporting reports.” Al Albani graded it authentic. (Tahdhib al Tahdhib 3/130, by Ibn Hajar. al Kawakib al Nayyirat 29, by Ibn al Kattani. al Muhalla 10/334, by Ibn Hazm. al Matjar al Rabih, by al Dimyati. al Silsilah al Sahihah 1/578, 287, by al Albani.)
Khalaf ibn Khalifah was followed by ʿAmr ibn Khalid in a similar report, but that route is ruined. Al Haythami said: In it is ʿAmr ibn Khalid al Wasiti, and he is a liar. It also has a supporting report from Kaʿb ibn ʿUjrah, and another from Anas, but their chains contain severe weakness. (al Muʿjam al Kabir 12/59, 12467. al Kamil 5/124, by Ibn ʿAdi. al Mukhtarah 10/403, 425, by al Diyaʾ al Maqdisi. Majmaʿ al Zawaʾid 4/312, by al Haythami. al Muʿjam al Awsat 6/11, 5648. al Muʿjam al Kabir 19/140, 307. al Matalib al ʿAliyah 8/247, 1632, by Ibn Hajar. Majmaʿ al Zawaʾid 4/312, by al Haythami. al Muʿjam al Awsat 6/206, 1743. al Muʿjam al Saghir 1/89, 118. al Targhib wa al Tarhib 3/37, by al Mundhiri. Majmaʿ al Zawaʾid 3/73, by al Haythami. al Duʿafa 1/53, 42, by al ʿUqayli.)
A Muslim woman can be called to enter from whichever gate of Paradise she wishes if she follows her Lord’s commands and guards His laws. Ibn Hibban and al Tabarani reported from Abu Hurayrah, may Allah be pleased with him, that the Messenger of Allah ﷺ said: “If a woman prays her five, fasts her month, guards her private parts, and obeys her husband, she enters from whichever gate of Paradise she wishes.” Abu Hatim said: ʿAbd al Malik ibn ʿUmayr alone reported it from Abu Salamah, and no one reported it from ʿAbd al Malik except Hudbah ibn al Minhāl. In its chain is Dahir ibn Nuh. Al Daraqutni said: “He is not strong in hadith.”
Ibn Hibban said: “He may make mistakes.” He still placed him in al Thiqat and reported his hadith in his Sahih. Hudbah ibn al Minhāl is unknown in state. The rest are narrators of the Sahih. Al Albani graded it authentic. It has a supporting report from ʿAbd al Rahman ibn ʿAwf, reported by Ahmad and al Tabarani, but in it is Ibn Lahiʿah. Al Mundhiri said his hadith is hasan in supporting routes. Al Haythami said: the rest are narrators of the Sahih. (Sahih Ibn Hibban 9/471, 4163. al Muʿjam al Awsat 5/34, 4598. al ʿIlal 1/174, by al Daraqutni. al Thiqat 8/238, 13209, by Ibn Hibban. al Tarikh al Kabir 8/248, 2885, by al Bukhari. al Jarh wa al Taʿdil 9/114, 482, by Ibn Abi Hatim. al Thiqat 7/588, 11608, by Ibn Hibban. Sahih al Jamiʿ al Saghir, by al Albani. Musnad Ahmad 3/199, 1661. al Muʿjam al Awsat 8/340, 8805. al Targhib wa al Tarhib 3/34, by al Mundhiri. Majmaʿ al Zawaʾid 4/306, by al Haythami.)
Nawāl bint ʿAbd al ʿAzīz al ʿĪd said: The chain has weakness due to Ibn Lahiʿah, but the earlier report supports it, so the hadith is hasan through its combined routes. Al Albani said in Sahih al Targhib wa al Tarhib: “Hasan due to other routes.” (al Tarikh al Kabir 5/182, by al Bukhari. al Kamil 4/144, by Ibn ʿAdi. Tahdhib al Kamal 15/487, by al Mizzi. Mizan al Iʿtidal 4/166, by al Dhahabi. Sahih al Targhib wa al Tarhib 2/226, 1932, by al Albani.)
Since a woman shares reward with a man, she also shares sin with him in three homes: this universe, the barzakh, and the Fire, if she dares to disobey Allah and wastes His commands.
From images of punishment in the barzakh is what al Bukhari reported in the long hadith of Samurah ibn Jundub, may Allah be pleased with him. In it: “We went until we came to something like an oven. In it were loud noises and voices. We looked into it and saw men and women naked. A flame came to them from under them. When the flame came, they screamed.” After the Prophet ﷺ asked Jibril about them, he said: “As for the naked men and women in the oven like building, they are the men and women who committed zina.” Their nakedness is a punishment because they sought pleasure through private parts, so they are exposed by what they used for pleasure. Reward matches deeds. The punishment comes from below because their crime came through their lower parts. (Fath al Bari 12/445, by Ibn Hajar.)
Also, the majority of the people of the Fire are women. Al Bukhari and Muslim reported from Ibn ʿUmar, may Allah be pleased with him, that the Messenger of Allah ﷺ said: “O women, give charity and increase in seeking forgiveness, because I saw you as the majority of the people of the Fire.” A strong minded woman among them said: “Why are we the majority of the people of the Fire, O Messenger of Allah.” He said: “You increase in cursing, and you are ungrateful to the husband. I have not seen anyone with less mind and religion more able to overcome a firm man than you.” She said: “O Messenger of Allah, what is the decrease in mind and religion.” He said: “As for the decrease in mind, the testimony of two women equals the testimony of one man, so that is the decrease in mind. She stays nights not praying and breaks the fast in Ramadan, so that is the decrease in religion.” The wording is from Muslim. (Sahih al Bukhari 298. Sahih Muslim 79.)
Muslim also reported from Abu Hurayrah, may Allah be pleased with him, that the Prophet ﷺ said: “Two types of the people of the Fire I have not seen. People with whips like the tails of cattle, striking the people with them, and women clothed but naked, causing others to lean and leaning themselves, their heads like leaning camel humps. They do not enter Paradise and they do not find its scent, though its scent is found from the distance of such and such.” (Sahih Muslim 2128.)
Al Nawawi said: This hadith is from the signs of Prophethood, because both types appeared. (Sharh Sahih Muslim 14/109, by al Nawawi.)
Reflect on how the hadith combined the causes for men and women entering the Fire. The first are the servants of rulers and police, carrying whips to strike people outside of legal punishments, doing oppression and transgression. (Sharh Sahih Muslim 17/190, by al Nawawi. Fayd al Qadir 4/208, by al Munawi.)
“Clothed Yet Naked”
Scholars gave several meanings.
A. She is clothed in this universe with clothes because of wealth, but naked in the Hereafter of reward because she did not do good deeds in this universe.
B. She is clothed, but her clothing is see through and does not cover properly, so she is punished in the Hereafter with nakedness as repayment for that.
C. She is clothed with Allah’s blessings, but naked of gratitude, and the result of gratitude appears in the Hereafter as reward.
D. She covers her body, but she pulls her head covering backwards so her chest shows, so she becomes like one who is naked and is punished in the Hereafter.
E. She is clothed with the honour of being married to a righteous man, but she is naked in the Hereafter of deeds, so her husband’s righteousness does not benefit her. (These meanings were mentioned by Ibn Hajar in his explanation of the report of Umm Salamah that includes the wording: “Many are clothed in this universe but naked on the Day of Resurrection.” Fath al Bari 12/23, by Ibn Hajar.)
“Leaning and Causing Others to Lean”
Scholars gave several meanings.
A. They lean away from obeying Allah and away from what they must guard, and they cause others to lean by teaching other women their blameworthy actions.
B. They lean by walking with proud swaying, and they cause others to lean by moving their shoulders, and by pulling men’s hearts towards them.
C. They lean by styling their hair in a leaning style, and they cause others to lean by styling other women’s hair in that style. (See: al Tamhid 3/204, by Ibn ʿAbd al Barr. Mashariq al Anwar 1/392, by al Qadi ʿIyad. Sharh Sahih Muslim 14/110, by al Nawawi. Lisan al ʿArab 11/368, by Ibn Manzur. Sharh al Muwatta 4/341, by al Zarqani. Fayd al Qadir 1/361, by al Munawi.)
“Their Heads Like Leaning Camel Humps”
They make their heads large and high by wrapping a turban, a headband, or similar. (See: Sharh Sahih Muslim 14/110, by al Nawawi.)
Al Qurtubi (d. 671AH) said: “The word ‘bukht’ refers to a kind of camel with large humps. ‘Humps’ is the plural of ‘hump’, which is the highest part of a camel’s back. Their heads were compared to that because they raised their braided hair onto the middle of their heads for adornment and affectation, and they may do that by adding what increases the amount of hair.” (See: al Mufhim 5/450, by al Qurtubi.)
The Key And Its Teeth
Since what Allah offers is precious, its bride price is also precious. No one enters Paradise without a key, but no key is without teeth. If a person comes with a key that has teeth, it is opened for him. If not, it is not opened for him. (Part of a report mentioned by al Bukhari, as a hanging report, from Wahb ibn Munabbih in Funerals 1/417. Sahih al Bukhari 1237.)
Allah has made specific duties binding upon His servants: salah, zakah, fasting, and hajj, and He did not distinguish between women and men in them. The foundation is that women are the counterparts of men, and everything that comes for men also comes for women, except what the evidence shows is specific. In these sections, I will mention what Allah made specific for women, or a right He gave them, which became unknown either because of ignorance or because desire overpowered. Allah is the One whose help is sought.
A Woman’s Right To Education
There is no doubt that the texts about the virtue of knowledge are more than can be counted, and more famous than need to be mentioned. (See: Fadl al ʿIlm, by Ibn ʿAbd al Barr; Fadl al ʿIlm, by Ibn al Qayyim.) Allah addressed the men and women of this Ummah equally in them, stirring their resolve to work hard and gain knowledge, and to be people of steady effort, not laziness or pride, and to show other nations that the rank of knowledge in Islam is high, and that Allah raises its people and its seekers.
يَرْفَعِ اللَّهُ الَّذِينَ آمَنُوا مِنْكُمْ وَالَّذِينَ أُوتُوا الْعِلْمَ دَرَجَاتٍ
“Allah raises those of you who believe, and those who were given knowledge, in ranks.” (al Mujadilah 11)
Allah also made the people of knowledge witnesses to His Oneness, and joined their witness with His witness, and the witness of His angels. In this is praise for the people of knowledge, because Allah only takes witnesses from His creation who are upright.
شَهِدَ اللَّهُ أَنَّهُ لَا إِلَهَ إِلَّا هُوَ وَالْمَلَائِكَةُ وَأُولُو الْعِلْمِ قَائِمًا بِالْقِسْطِ لَا إِلَهَ إِلَّا هُوَ الْعَزِيزُ الْحَكِيمُ
“Allah bears witness that there is no god worthy of worship except Him, and so do the angels and those of knowledge, standing with justice. There is no god worthy of worship except Him, the Mighty, the Wise.” (Al ʿImran 18)
The rank of scholars reached the point that their virtue over others is like the virtue of the Messenger of Allah ﷺ over the lowest of the Sahabah. If the Messenger of Allah ﷺ had said, “like my virtue over the highest of you”, it would be enough as virtue and honour, so how when he said, “like my virtue over the lowest of you”.
Abu Umamah al Bahili said that two men were mentioned to the Messenger of Allah ﷺ, one a worshipper, and the other a scholar. The Messenger of Allah ﷺ said: “Indeed Allah, His angels, and the people of the heavens and the earth, even the ant in its hole, and even the fish, send prayers upon the one who teaches people good.” (Jamiʿ al Tirmidhi 2685; al Muʿjam al Kabir 7911, by al Tabarani; Fawaʾid Tamam 1243. Al Albani graded it as authentic in Sahih Sunan al Tirmidhi 2685.)
Allah raised the rank of the people of knowledge, and made clear their difference from ordinary people.
قُلْ هَلْ يَسْتَوِي الَّذِينَ يَعْلَمُونَ وَالَّذِينَ لَا يَعْلَمُونَ إِنَّمَا يَتَذَكَّرُ أُولُو الْأَلْبَابِ
“Say: Are those who know equal to those who do not know? Only people of understanding take warning.” (al Zumar 9)
Because knowledge and teaching are so important, the first Qur’an verses revealed to the Messenger ﷺ were:
اقْرَأْ بِاسْمِ رَبِّكَ الَّذِي خَلَقَ خَلَقَ الْإِنْسَانَ مِنْ عَلَقٍ اقْرَأْ وَرَبُّكَ الْأَكْرَمُ الَّذِي عَلَّمَ بِالْقَلَمِ عَلَّمَ الْإِنْسَانَ مَا لَمْ يَعْلَمْ
“Read in the Name of your Lord Who created. He created the human from a clinging clot. Read, and your Lord is the Most Generous. Who taught by the pen. Taught the human what he did not know.” (al ʿAlaq 1–5)
These verses laid the foundation for the opening of this great message. Since this Surah was the first Surah revealed from the Qur’an, and these five verses were the first revealed from it, they are truly the opening of revelation. Because of this, the mufassirun and others gave them special care. I will pause with these verses at several points connected to the importance of knowledge and its people.
The first point: Directing the command to read to an unlettered person has no contradiction, because reading can be from a written text or from something recited.
The reading for the Messenger of Allah ﷺ was from something recited, which Jibril عليه السلام recited to him. This shows the miracle even more, because the unlettered man of yesterday became the teacher today. The flow also pointed to these two types of reading, because it joined reading with teaching by the pen.
So the command to read came as a duty of carrying revelation. “In the Name of your Lord” explains the One Who gives the duty. “Who created” is proof for that One.
The second point: The description “the Most Generous” in His saying “Read, and your Lord is the Most Generous” fits the flow in a way another description would not. This is because of the greatness of the gift, and the weight of the favour.
First: Mercy for creation through this reading which tied the servants to their Lord, and that is enough.
Second: The blessing of creating and bringing into existence. These are two connected blessings: bringing into existence from nothing through creation, and the second bringing into existence, from ignorance to knowledge. None of this is except from the Lord, the Most Generous.
The third point: “Who taught by the pen.” Allah praised Himself for teaching by the pen, and for teaching the human what he did not know. In this is raising the rank of the pen, because Allah taught by it. This is the highest rank of honour, even though Allah can teach without a pen. Allah also mentioned it as an oath in His saying:
ن وَالْقَلَمِ وَمَا يَسْطُرُونَ مَا أَنْتَ بِنِعْمَةِ رَبِّكَ بِمَجْنُونٍ
“Nun. By the pen and what they write. By the favour of your Lord, you are not mad.” (al Qalam 1–2)
The greatness of what Allah swore to, which is His favour upon His Messenger ﷺ with revelation, shows the greatness of what He swore by, which is the pen, and what they write with it, including writing the revelation and other than that. A Surah in the Qur’an was also named after it. (See: al Tafsir al Kabir 32/15–18, by al Razi; Adwaʾ al Bayan 9/12–19, by al Shinqiti.)
There is no clearer proof of the importance of writing than its repeated mention in the verse about debt, the longest Qur’an verse. In it, just writing is commanded as justice.
يَاأَيُّهَا الَّذِينَ آمَنُوا إِذَا تَدَايَنْتُمْ بِدَيْنٍ إِلَى أَجَلٍ مُسَمًّى فَاكْتُبُوهُ وَلْيَكْتُبْ بَيْنَكُمْ كَاتِبٌ بِالْعَدْلِ وَلَا يَأْبَ كَاتِبٌ أَنْ يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ فَلْيَكْتُبْ
“O you who believe, when you contract a debt for a fixed term, then write it. Let a writer write between you with justice, and no writer should refuse to write, as Allah taught him, so let him write.” (al Baqarah 282)
In this verse, the commands to write come in several forms, such as “then write it”, “let a writer write”, and “so let him write”. It also pointed to the virtue of the writer by repeating mention of him twice in one verse. Learning to write is a blessing from Allah, given to whom He wills. Allah is the Teacher, as is clear in His saying “as Allah taught him”, and this points to this blessing, just as He said “Who taught by the pen”. If people did not learn writing, they would not be able to protect their rights.
The Prophet ﷺ did not neglect the matter of the pen. He gave it full care. The first and greatest part of that is that he appointed scribes for revelation who wrote what was revealed to him in front of him, even though he memorised it and held it firmly. Allah guaranteed him that in His saying:
سَنُقْرِئُكَ فَلَا تَنْسَى إِلَّا مَا شَاءَ اللَّهُ إِنَّهُ يَعْلَمُ الْجَهْرَ وَمَا يَخْفَى
“We will make you recite, so you will not forget, except what Allah wills. Indeed, He knows what is spoken openly and what is hidden.” (al Aʿla 6–7)
Allah also promised to preserve the Qur’an in His saying:
إِنَّا نَحْنُ نَزَّلْنَا الذِّكْرَ وَإِنَّا لَهُ لَحَافِظُونَ
“Indeed, We sent down the Reminder, and indeed, We will surely preserve it.” (al Hijr 9)
Even with that, the Prophet ﷺ ordered it to be written. He had several scribes. This is the highest level of care for the pen. Ibn al Qayyim mentioned that the scribes included the four Khulafa, and with them a further seventeen people. (Zad al Maʿad 1/68, by Ibn al Qayyim.)
The Prophet ﷺ did not restrict his care for writing to writing revelation only. He made teaching writing wider than that. It came that ʿAbd Allah ibn Saʿid ibn al ʿAs was ordered by the Messenger of Allah ﷺ to teach people writing in Madinah. (al Istiʿab 3/920, by Ibn ʿAbd al Barr.)
ʿUbadah ibn al Samit said: “I taught some people of Ahl al Suffah the Qur’an and writing.” (Sunan Ibn Majah 2157.)
His call to kings to Islam was also by letters, as is well known. Beyond that is what came in the story of the prisoners of Badr: those who could pay ransom were asked for wealth, and those who could not, but knew writing, had their ransom set as teaching ten boys writing. Writing then spread in Madinah, and Zayd ibn Thabit and others were among those who learned. (Musnad Ahmad 2216; al Mustadrak 2621; al Sunan al Kubra 12626, by al Bayhaqi. It was also narrated by Ibn Saʿd in al Tabaqat 5/108, and this supports it. See also: Aqdiyat al Rasul ﷺ 199–200, by Ibn al Tallaaʿ; Tarikh al Tabari 2/46, by al Tabari; al Rawd al Unuf 3/180, by al Suhayli.)
When Muslims were in the earliest stage and were in great need of wealth and weapons, and still put teaching boys writing before money, it shows two matters.
The first: the level of care for education.
The second: the permissibility of a non Muslim teaching a Muslim what does not relate to the deen, like practical matters in engineering, medicine, farming, and similar things. (Adwaʾ al Bayan 9/19, by al Shinqiti.)
Because of that, learners became many, until the scribes of revelation reached forty two men, and writing spread with Islam.
All of what has been mentioned is equal for women and men, based on the principle the Messenger ﷺ set when he said “Women are the counterparts of men.”
What Allah made obligatory or recommended for His servants, men and women share in it, except what a text makes specific. Knowledge is an obligation from Allah upon His servants, and a sign that Allah wants good for them. So it is not strange that Islam urges women to take their share in it, and to work hard so they can be among its people. I will bring evidence that confirms this and breaks what goes against it, and Allah is the One Who grants success.
Prophetic Hadith About Educating Women
It is agreed that a woman is responsible for her salah, her fasting, her zakah on her wealth, and her hajj, and before all of that, the soundness of her belief. She cannot establish these matters of her deen except with knowledge that removes ignorance. Because of this, Islam clearly affirmed teaching girls, and spreading knowledge among women. Proof for that is as follows.
First: Abu Burdah narrated from his father that the Messenger of Allah ﷺ said: “Three people have two rewards: a man from the People of the Book who believed in his prophet and believed in Muhammad ﷺ; a slave who fulfils the right of Allah and the right of his masters; and a man who had a slave woman and had relations with her, then he disciplined her and made her discipline good, and he taught her and made her teaching good, then he freed her and married her, and he has two rewards.” (Sahih al Bukhari 97.)
Because of this, al Bukhari placed a heading in the Book of Knowledge: teaching a man’s slave woman and his family, and also placed a heading in the Book of Manumission: the virtue of one who disciplines his slave girl and teaches her. (Sahih al Bukhari 97.)
Ibn Hajar said in his explanation: “Teaching a man’s slave woman and his family.” The hadith matches the heading about the slave woman clearly, and it matches the family by analogy, because caring for free women in teaching Allah’s obligations and the Sunnah of His Messenger ﷺ is more emphasised than caring for slave women. (Fath al Bari 1/190, by Ibn Hajar.)
So Islam did not only urge teaching free women. It even gave the one who teaches a slave woman, then frees her, two rewards, so knowledge spreads among free women and slave women equally.
Here there is a need to teach female servants the matters of their deen, because most of them are ignorant, have little knowledge, and shirk in many forms is widespread among them. They know of Islam only its name, and they do not know its reality.
Allah grants one of them travel to lands of tawhid, the source of the message, and the place where revelation descended, but she returns to her land as she came, without increasing her share of knowledge, even though her money increased. There is no power and no strength except with Allah. I call on believing sisters to seek reward by teaching female servants, and to keep in mind: “Whoever calls to guidance has a reward like the rewards of those who follow him.” Guiding one man is better for a person than red camels.
Second: Islam’s care for educating women is also shown by the imam taking on this role himself, even in large public gatherings. ʿAtaʾ said he heard Ibn ʿAbbas say: “I bear witness to the Prophet ﷺ, or ʿAtaʾ said: I bear witness to Ibn ʿAbbas, that the Messenger of Allah ﷺ went out with Bilal, and he thought the women had not heard, so he advised them and commanded them to give charity. The women began throwing their earrings and rings, and Bilal was taking them in the edge of his garment.” (Sahih al Bukhari 98; Sahih Muslim 885.)
In some narrations, Ibn Jurayj said to ʿAtaʾ: “Is this truly a duty upon the imam, that he reminds them?” He said: “It is a duty upon them, and why would they not do it.” (Sahih al Bukhari 98.)
Al Bukhari placed this hadith in the Book of Knowledge and gave it a heading: the imam advising women and teaching them. (Sahih al Bukhari 98.)
Ibn Hajar said: This heading points out that what came before about encouraging teaching the family is not limited to a person’s own family, rather it is also recommended for the main imam and those who act on his behalf. (Fath al Bari 1/192, by Ibn Hajar.)
Third: In the time of the Messenger ﷺ, Muslim women understood their right to education. Women noticed that men kept close to the Messenger ﷺ and surrounded him to learn, so women could not push into that space. They used to sit at the back rows, so they came to ask for their share. Abu Saʿid al Khudri narrated that a woman came to the Messenger of Allah ﷺ and said: “O Messenger of Allah, the men took your hadith, so set aside a day for us from yourself, so we can come to you and you teach us from what Allah taught you.” He said: “Gather on such and such day.” So they gathered and the Messenger of Allah ﷺ came to them and taught them from what Allah taught him. Then he said: “There is no woman among you who sends ahead three of her children except that they will be a shield for her from the Fire.” A woman said: “And two, and two, and two?” The Messenger of Allah ﷺ said: “And two, and two, and two.” (Sahih al Bukhari 101; Sahih Muslim 2633.)
Al Bukhari placed a heading for it: does a day get set aside for women specifically for knowledge. (Sahih al Bukhari 101.)
Ibn Hajar said about the woman who asked: he did not find her name, and it is possible she was Asmaʾ bint Yazid ibn al Sakan. (Fath al Bari 13/362, by Ibn Hajar.)
This hadith shows the strong eagerness of the women of the Sahabah, especially the women of the Ansar, to learn the matters of the deen, to attend gatherings of knowledge and wisdom, and to be honoured by hearing hadith directly from the Prophet ﷺ. It also shows the permissibility of a woman speaking to a man in what she needs for her deen. Knowledge was taken from the wives of the Prophet ﷺ and from other women of the Salaf. It also shows the permissibility of women having a specific time alone with a scholar for teaching and advice, just as the Prophet ﷺ responded to their request and gave them a specific day and place.
It also shows that patience upon trials and seeking reward from Allah is a cause for wiping away sins and increasing good deeds. (See: Sharh Ibn Battal 1/178, Sharh al Karmani 2/100, Fath al Bari 1/262, by Ibn Hajar; Irshad al Sari 1/295, by al Qastalani.)
Look at the woman’s confident manner in speech, and the humility of the Messenger ﷺ. He listened to her while she spoke her view and demanded her right, saying: “O Messenger of Allah, the men took your hadith.” In the wording of al Bukhari: “The men have dominated your time.” Then she suggested: “So set aside a day for us, so we can come to you, and you teach us from what Allah taught you.” The Messenger ﷺ answered by giving them a specific day and place, and he began teaching them.
This is a message to the scholars of the Ummah: give time and effort to the makers of men, the first schools where the child learns the basics of life. May Allah have mercy on al Rusafi (d. 1364AH) when he said:
هي الأخلاق تنبت كالنبات … إذا سُقِيت بماء المكرمات
تقوم إذا تعهدها المربي … على ساق الفضيلة مثمرات
ولم أر للخلائق من محل … هذبها كحضن الأمهات
فحض الأم مدرسة تسامت … بتربية البنين أو البنات
وهل يرجى لأطفال كمال … إذا نشأوا بحضن الجاهلات
أليس العلم في الإسلام فرضًا … على أبنائه وعلى البنات
وكانت أمنا في العلم بحرًا … تحل لسائليها المشكلات
وعلمها النبي أجل علم … فكانت من أجل العالمات
“Good character grows like a plant, when it is watered with noble manners. It stands, when a teacher cares for it, on the stalk of virtue, bearing fruit. I have not seen a place that refines creation like the lap of mothers. The lap of a mother is a school that rises high, by raising sons and daughters. Can children reach full goodness if they grow in the lap of ignorant women.
Is knowledge not an obligation in Islam upon its sons and its daughters. Our mother was a sea in knowledge, solving problems for those who asked her. The Prophet ﷺ taught her the greatest teaching, so she became among the greatest women of knowledge.”
Fourth: The Prophet ﷺ also used to urge the attendance of young women and women who stayed in their homes, and older women, at the two Eid prayers, even if they were menstruating, so they could witness good and the supplication of the Muslims. Umm ʿAtiyyah said: “The Messenger of Allah ﷺ ordered us to bring them out on Eid al Fitr and Eid al Adha: young women, menstruating women, and those who stayed behind veils. As for menstruating women, they keep away from the prayer, and they witness good and the supplication of the Muslims.” I said: “O Messenger of Allah, one of us might not have a jilbab.” He said: “Let her sister dress her with one of her jilbabs.” (Sahih Muslim 183.)
So the Messenger ﷺ ordered the guardians of women to bring them out for Eid al Fitr and Eid al Adha so they witness good and take light from knowledge. Even a menstruating woman is not stopped by her menstruation from attending the good. She attends and keeps away from the prayer area. And the one who has no jilbab is told to borrow one from her sister.
Fifth: Women also used to attend major matters that the caller of the Messenger ﷺ called people to, and they attended the masjid without anyone objecting. This is because they are included in the general legal address. Umm Salamah said: “I used to hear people mention the Hawd, but I did not hear it from the Messenger of Allah ﷺ. Then one day, while the servant girl was combing my hair, I heard the Messenger of Allah ﷺ say: ‘O people.’ I said to the servant girl:
Move away from me. She said: He only called the men and did not call the women. I said: I am among the people. Then the Messenger of Allah ﷺ said: ‘I will be ahead of you at the Hawd. So do not come to me and be driven away from me like a stray camel is driven away. I will say: What is this for? It will be said: You do not know what they introduced after you. So I will say: Away, away.’” (Sahih Muslim 2295.)
Umm Salamah understood from “O people” that she was included, and she corrected the servant girl’s thought. In this is a message for every woman: women enter under the general address, are called to it, and can demand it.
Fatimah bint Qays said, in the long hadith about al Jassasah: “When my ʿiddah ended, I heard the caller of the Messenger of Allah ﷺ calling: ‘Prayer is to be gathered for.’ So I went out to the masjid and prayed with the Messenger of Allah ﷺ. I was in the row of women that was directly behind the men. When the Messenger of Allah ﷺ finished his prayer, he sat on the minbar and he was smiling. He said: ‘Let every person stay in his place of prayer.’ Then he said: Do you know why I gathered you?” Then he mentioned the news of Tamim al Dari about al Masih al Dajjal. (Sahih Muslim 2942.)
This shows that women in the time of Prophethood knew that the general call includes women and men. As soon as Fatimah heard the call “Prayer is to be gathered for”, she went out with her sisters among women. Her words “I was in the row of women that was directly behind the men” shows that this was not only her understanding, but a common understanding at that time.
Sixth: The one who looks into the books of Sunnah finds that women shared with men in attending Jumuʿah and congregations, as mentioned earlier. Their attendance at Jumuʿah was for seeking knowledge from the Messenger ﷺ, and drinking from a pure spring that brings life to hearts, and sermons that heal chests. They even narrated what they memorised from the minbar on Jumuʿah. Umm Hisham bint Harithah ibn al Nuʿman said: “Our oven and the oven of the Messenger of Allah ﷺ were one for two years, or a year and part of a year, and I did not take ‘Qaf. By the Glorious Qur’an’ except from the tongue of the Messenger of Allah ﷺ. He used to recite it every Jumuʿah on the minbar when he addressed the people.” (Sahih Muslim 873.)
Al Nawawi said: Her saying “our oven and the oven of the Messenger of Allah ﷺ were one” points to her strong memory, her knowledge of the Prophet’s conditions, and her closeness to his home. (Sharh Sahih Muslim 6/161, by al Nawawi.)
So this woman, close to the home of the Messenger ﷺ, was eager to attend Jumuʿah with him, and she memorised Surah Qaf from his recitation because he used to recite it in the Jumuʿah sermon. Al Nawawi also said: in it is the recommendation to recite Qaf or some of it in every sermon. Scholars said the reason is what it contains about resurrection, death, strong reminders, and firm warnings, and in it is proof for reciting Qur’an in the sermon. (Sharh Sahih Muslim 6/161, by al Nawawi.)
Women, by Allah’s favour, still attend Jumuʿah today.
A Woman’s Right To Give Fatwa
What came in the chapter about a woman’s right to education shows what believing women reached of a high rank that matched strong men and great ulama. So it is natural that a woman of knowledge gives fatwa based on what she believes before Allah, and what she knows from the Book of Allah and the Sunnah of the Messenger of Allah ﷺ.
Giving fatwa is very serious and carries great weight, because the mufti fulfils a communal obligation, and informs about the ruling of Allah, so they said: the mufti signs on behalf of Allah. (See: Adab al Mufti wa al Mustafti, by al Shahrazuri; Adab al Fatwa, by al Nawawi; Sifat al Fatwa, by Ahmad al Namri. Ibn al Qayyim named his book Iʿlam al Muwaqqiʿin ʿan Rabb al ʿAlamin.)
Al Nawawi said in Adab al Fatwa: “The condition of the mufti is that he is legally responsible, Muslim, trustworthy, safe, far from causes of sin and what harms good character, strong in fiqh, sound in mind, firm in thought, correct in understanding and deduction, alert. It is the same for the free person, the slave, the woman, the blind person, and the mute, if he writes or his gesture is understood.” (Adab al Fatwa, by al Nawawi.)
Al Shahrazuri said: “Freedom and being male are not conditions for the mufti.” (Adab al Mufti wa al Mustafti 106, by al Shahrazuri.)
Ibn al Qayyim counted among those who gave many fatwas: the Mother of the Believers ʿAʾishah, and among those who gave a medium amount: Umm Salamah, and among those who gave a small amount: many women, including: Umm ʿAtiyyah, the Mother of the Believers Safiyyah, Hafsah, Umm Habibah, Layla bint Qaʾif, Asmaʾ bint Abi Bakr, Umm Sharik, al Hawlaʾ bint Tuwayt, ʿAtikah bint Zayd, Sahlah bint Suhayl, and others, may Allah be pleased with them. (Iʿlam al Muwaqqiʿin 1/12–13, by Ibn al Qayyim.)
At the head of women muftis is the Mother of the Believers ʿAʾishah, at the peak of the high mountain. She was a sea not clouded by buckets. Masruq said: “I saw the elders of the Sahabah of the Messenger of Allah ﷺ asking her about inheritance shares.” Abu Musa al Ashʿari said: “No hadith ever became difficult for us, the companions of Muhammad ﷺ, except that we asked ʿAʾishah and found with her knowledge of it.”
Al Zarkashi wrote a book on the corrections of ʿAʾishah upon the Sahabah, called al Ijabah fima Istadrakat-hu ʿAʾishah ʿala al Sahabah.
A few examples clarify the matter, and I will keep it brief.
First: ʿAbd Allah ibn Shihab al Khawlani said: “I was staying with ʿAʾishah, and I had a wet dream in my two garments, so I dipped them in water. A servant girl of ʿAʾishah saw me and told her. ʿAʾishah sent for me and said: What made you do what you did to your garments? I said: I saw what the sleeping person sees in his sleep. She said: Did you see anything on them? I said: No. She said: If you saw anything you would wash it. I used to scrape it from the garment of the Messenger of Allah ﷺ when it was dry, with my fingernail.” (Sahih Muslim 290.)
So ʿAʾishah gave a fatwa that semen is pure, and taught what to do if a person sees traces of it. It also shows checking the guest’s situation, and asking about what looks strange, and delaying criticism until the proof is clear.
Second: The Sahabah used to go to the homes of the wives of the Prophet ﷺ for questions and fatwa. ʿAbd Allah ibn Qays said: “I asked ʿAʾishah about the witr of the Messenger of Allah ﷺ.” Then he mentioned the hadith. I said: What did he do in janabah, did he bathe before sleeping or sleep before bathing? She said: He did all of that. Sometimes he bathed and slept, and sometimes he made wudu and slept. I said: All praise is for Allah Who made the matter spacious. (Sahih Muslim 307.)
Third: Abu Musa said: “A group of Muhajirun and Ansar disagreed. The Ansar said: ghusl is only obligatory from a strong flow, or from water. The Muhajirun said: rather, if the two parts meet, ghusl is obligatory. I said: I will settle this for you. So I stood and asked permission to enter upon ʿAʾishah.
She allowed me. I said: O mother, or O Mother of the Believers, I want to ask about something, and I feel shy with you. She said: Do not feel shy to ask me about what you would ask your mother who gave birth to you, for I am your mother. I said: What makes ghusl obligatory? She said: You have reached the one who knows well. The Messenger of Allah ﷺ said: ‘When he sits between her four parts, and the circumcised part meets the circumcised part, ghusl becomes obligatory.’” (Sahih Muslim 349.)
So ʿAʾishah settled the disagreement with evidence.
Fourth: Ibn ʿAbbas and Abu Salamah ibn ʿAbd al Rahman disagreed about a woman who gives birth after her husband dies. Abu Hurayrah said: “I am with my nephew,” meaning Abu Salamah. So they sent Kurayb, the freed servant of Ibn ʿAbbas, to Umm Salamah to ask her. He came back and said Umm Salamah said: Subayʿah al Aslamiyyah gave birth a few nights after her husband died, and she mentioned it to the Messenger of Allah ﷺ and he ordered her to marry. (Sahih Muslim 1485.)
Al Nawawi said: the great majority of ulama from the Salaf and later generations took this, and said the ʿiddah of the woman whose husband died ends by giving birth, even if she gives birth right after his death. (Sharh Sahih Muslim 10/109, by al Nawawi.)
Fifth: Tawus said: I was with Ibn ʿAbbas when Zayd ibn Thabit said: do you give a fatwa that a menstruating woman can leave before her last act is at the House? Ibn ʿAbbas said: ask such and such woman from the Ansar, did the Messenger of Allah ﷺ command her with that? Zayd returned to Ibn ʿAbbas saying: I see that you spoke the truth. (Sahih Muslim 1328.) In the narration of al Tayalisi, the woman was Umm Sulaym. (Musnad al Tayalisi 1651.)
Sixth: When Ibn ʿUmar heard Abu Hurayrah say that following a funeral brings two qirats of reward, he sent Khabbab to ʿAʾishah to confirm it, then returned. She said: Abu Hurayrah spoke the truth. Ibn ʿUmar then struck the stones he was holding and said: “We wasted many qirats.” (Sahih Muslim 945.)
Seventh: Muhammad ibn ʿAmr ibn ʿAtaʾ said: “I named my daughter Barrah.” Zaynab bint Abi Salamah said: The Messenger of Allah ﷺ forbade this name. A woman was named Barrah, and the Messenger of Allah ﷺ said: “Do not praise yourselves. Allah knows best who has righteousness among you.” They said: “What should we name her?” He said: “Zaynab.” (Sahih Muslim 2142.)
Eighth: The daughter of Zayd ibn Thabit was told that women were calling for lamps in the middle of the night to look for signs of purity, and she used to criticise that and say: women did not used to do this. It is connected by al Bukhari with firm wording, and it is narrated by Malik in al Muwatta. (Al Muwatta 129; Sahih al Bukhari, connected in meaning in the chapter of menstruation.) Ibn Hajar explained that this can lead to hardship and forcing oneself, and it can also lead to mistake because night does not make the clear sign easy to see. (Fath al Bari 1/421, by Ibn Hajar.)
Ninth: Abu Rafiʿ narrated that his female owner Layla bint al ʿAjmaʾ made an oath connected to divorce, and he went to Zaynab bint Abi Salamah, then to Hafsah, then to Ibn ʿUmar, and they directed that he should not separate from his wife, and that she should expiate for her oath. (Musannaf ʿAbd al Razzaq 8/486.)
These examples show that the woman has a right to fatwa just as the man does, once the conditions of fatwa are present. Ibn al Salah said: the mufti must be legally responsible, Muslim, trustworthy and safe, far from sin and what breaks honour, strong in fiqh, sound in mind, firm in thought, correct in understanding and deduction, alert. (Fatawa Ibn al Salah 1/21, by Ibn al Salah.) Al Juwayni said in al Waraqat: the mufti must know fiqh in its foundations and branches, differences and madhhab, and have full ability in evidence for ijtihad, and know what he needs for extracting rulings and explaining Qur’an verses and hadith about rulings. (Al Waraqat, by al Juwayni.)
In a time when many people speak without tools, and fatwa becomes the work of ignorant people and ordinary people, the warning of the Prophet ﷺ becomes clear. ʿAbd Allah ibn ʿAmr ibn al ʿAs said he heard the Messenger of Allah ﷺ say: “Indeed Allah does not take away knowledge by pulling it out from the servants, but He takes away knowledge by taking the scholars. When no scholar remains, people take ignorant leaders. They are asked, so they give fatwa without knowledge, so they go astray and lead others astray.” (Sahih al Bukhari 100; Sahih Muslim 2673.)
A Woman’s Right To Call To Allah
When believing men and believing women heard the virtue of calling to Allah in the Book and the Sunnah, they competed to win the hearts of people, to bring them out of the darkness of misguidance and ignorance to the light of guidance and knowledge.
وَمَنْ أَحْسَنُ قَوْلًا مِمَّنْ دَعَا إِلَى اللَّهِ وَعَمِلَ صَالِحًا وَقَالَ إِنَّنِي مِنَ الْمُسْلِمِينَ
“And who is better in speech than the one who calls to Allah, and does righteous deeds, and says: I am among the Muslims.” (Fussilat 33)
This is a question that carries the meaning of denial, meaning: no one has better speech than the one who calls to Allah by teaching the ignorant, advising the heedless, and refuting the people of falsehood, by commanding worship of Allah in all its forms, urging it, and making it good as much as possible. (Tafsir al Saʿdi 479, by al Saʿdi.)
Sahl ibn Saʿd narrated the long hadith about Khaybar, in which the Messenger of Allah ﷺ said to ʿAli ibn Abi Talib: “Go forward calmly until you reach their area, then call them to Islam, and inform them of what is obligatory upon them.
By Allah, if Allah guides one man through you, it is better for you than red camels.” (Sahih al Bukhari 2847; Sahih Muslim 2406.) Ibn Hajar explained the meaning of red camels and its value. (Fath al Bari 7/478, by Ibn Hajar; Mashariq al Anwar 1/200 and 4/17, by al Qadi ʿIyad.)
The believer does not wish for people to be guided only in his life. He also wishes it when his life ends. Look at the believer from the people of Yasin, when he entered Paradise.
قِيلَ ادْخُلِ الْجَنَّةَ قَالَ يَالَيْتَ قَوْمِي يَعْلَمُونَ بِمَا غَفَرَ لِي رَبِّي وَجَعَلَنِي مِنَ الْمُكْرَمِينَ
“It was said: Enter Paradise. He said: If only my people knew, because my Lord forgave me and made me among the honoured.” (Ya Sin 26–27)
Women also shared with men in calling to Allah, because Allah commanded them.
وَاذْكُرْنَ مَا يُتْلَى فِي بُيُوتِكُنَّ مِنْ آيَاتِ اللَّهِ وَالْحِكْمَةِ إِنَّ اللَّهَ كَانَ لَطِيفًا خَبِيرًا
“And remember what is recited in your homes of Allah’s verses and wisdom. Indeed, Allah is Subtle, Fully Aware.” (al Ahzab 34)
Al Qurtubi said: Allah commanded the wives of the Messenger of Allah ﷺ to inform people of what Allah sent down of the Qur’an in their homes, and what they saw of the actions of the Prophet ﷺ, and to convey his words until that reaches the people so they act upon it. (Al Jamiʿ li Ahkam al Qur’an 14/184, by al Qurtubi.)
The Blessed Woman Who Was A Cause For Her Whole People To Enter Islam
ʿImran ibn Husayn said: We were on a journey with the Prophet ﷺ, and we travelled at night, and near the end of the night we slept a deep sleep. No sleep is sweeter to a traveller than it. We did not wake up except from the heat of the sun. The first to wake was one man, then another, then another, Abu Rajaʾ named them, and ʿAwf forgot them, then ʿUmar ibn al Khattab was the fourth.
The Prophet ﷺ, when he slept, was not woken until he woke himself, because we did not know what might happen to him in his sleep.
When ʿUmar woke and saw what happened to the people, and he was a strong man, he said takbir and raised his voice, and he kept making takbir loudly until the Prophet ﷺ woke from his voice. When the Prophet ﷺ woke, they complained about what happened. He said: “No harm.”
Then he said: “Move on.” So they moved and travelled a short distance, then he stopped, asked for water for wudu, made wudu, and the call to prayer was made, and he led the people in prayer. When he turned from his prayer, he saw a man keeping away, not praying with the people. He said: “What stopped you, O so and so, from praying with the people?” He said: “I am in janabah and there is no water.” He said: “Use the clean earth, it is enough for you.”
Then the Prophet ﷺ continued travelling, and the people complained to him about thirst. So he stopped and called one man, Abu Rajaʾ used to name him and ʿAwf forgot his name, and he called ʿAli, and said: “Go and look for water.” So they went, and they met a woman between two water skins, or two flat water bags, on her camel. (A water skin is a large leather container for water, and it can also be called a flat water bag. Fath al Bari 1/452, by Ibn Hajar.) They said: “Where is the water?” She said: “The last time I reached water was yesterday at this hour, and our group is away from the camp.” (In the explanation: a group can mean a small number, and it can also mean people in general. Here it fits that her men stayed behind to seek water. Fath al Bari 1/452, by Ibn Hajar, quoting Ibn Sidah in al Mukhassas 2/102, and Ibn Faris in Maqayis al Lughah 1/129.)
They said to her: “Come along.” She said: “To where?” They said: “To the Messenger of Allah ﷺ.” She said: “The one they call the apostate.” They said: “He is the one you mean, so come.” So they brought her to the Prophet ﷺ and told him the story. He ordered them to make her get down from her camel. The Prophet ﷺ asked for a container, and he poured into it from the mouths of the two water skins, then tied their mouths, and opened the outlets. (The outlets are the lower openings where water pours out. Mashariq al Anwar 2/80, by al Qadi ʿIyad; Fath al Bari 1/452, by Ibn Hajar.)
Then a call was made among the people: “Give water and fill your containers.” So whoever wished drank, and whoever wished filled his container, and the last act was that the Prophet ﷺ gave the man in janabah a container of water and said: “Go and pour it over yourself.” The woman stood watching what was done with her water. By Allah, it was taken from her, and it appeared to us that her water was more full than it was when it first began.
Then the Prophet ﷺ said: “Gather something for her.” So they gathered for her dates, flour, and roasted flour, until they gathered food for her. They placed it in a cloth, carried her onto her camel, and placed the cloth in front of her. The Prophet ﷺ said to her: “Know that we did not reduce any of your water, but Allah is the One Who gave us water.”
So she returned to her people, after being delayed from them. They said: “What delayed you, O so and so?” She said: “Something amazing happened. Two men met me and took me to this man they call the apostate, and he did this and that. By Allah, he is the greatest magician between this and that.” Then she pointed with her middle finger and index finger and raised them to the sky, meaning the sky and the earth, “or he is truly the Messenger of Allah ﷺ.” After that, Muslims used to raid the disbelievers around her, but they did not touch the small group she belonged to. (A small group means a set of homes gathered together. Fath al Bari 1/452, by Ibn Hajar.)
Then one day she said to her people: “I see these people are leaving you on purpose. Do you want Islam?” So they obeyed her, and they entered Islam.
The Benefits Found In The Hadith
Among the benefits of the hadith is the woman’s role in calling her people to Islam, and their acceptance of her call. This had a blessed effect on her people from the start, when the Muslims left off fighting them, to bring their hearts closer, and out of loyalty, because one of their women was a reason the Muslims were given water, even though they did not take anything from her water. (See benefits which, if fully gathered, would become a separate volume in: Sharh Ibn Battal 1/102, by Ibn Battal; Sharh al Karmani 1/122, by al Karmani; Sharh Sahih Muslim 5/192, by al Nawawi; Fath al Bari 1/451, by Ibn Hajar; al ʿUmdah 4/26)
The outlets were opened, and it was announced among the people: “Give water, and fill up.” So whoever wished gave water, and whoever wished filled up. The last thing was that the one who had been in major impurity was given a vessel of water. He was told: “Go and pour it over yourself.” She stood watching what was being done with her water.
By Allah, it was taken away from her, and it seemed to us that it was more full than it was at the start. Then the Prophet ﷺ said: “Gather something for her.” So food was gathered for her, from dates, flour, and roasted flour, until food was collected for her. They put it in a cloth, loaded it onto her camel, and placed the cloth in front of her.
He said to her: “Know that we did not take anything from your water, but Allah is the One who gave us water.” So she came to her people, after she had been kept back from them. They said: “What kept you back, O so and so?” She said: “Something amazing. Two men met me and took me to the one they call the apostate, and he did such and such.
By Allah, he is the greatest sorcerer between this and that,” and she raised her middle finger and her index finger to the sky, meaning the sky and the earth, “or he is truly the Messenger of Allah ﷺ.” After that, the Muslims would raid the polytheists around her, but they would not strike the clan that she came from. (The clan means a group of homes belonging to a people. Fath al Bari 1/452, by Ibn Hajar)
One day she said to her people: “I see that these people are not aiming at you.
Do you want Islam?” They obeyed her, and they entered Islam.
Among the benefits of the hadith is the woman’s role in calling her people to Islam, and their acceptance of her call.
This had a blessed effect on her people from the start, when the Muslims left off fighting them, to bring their hearts closer, and out of loyalty, because one of their women was a reason the Muslims were given water, even though they did not take anything from her water. (See benefits which, if fully gathered, would become a separate volume in: Sharh Ibn Battal 1/102, by Ibn Battal; Sharh al Karmani 1/122, by al Karmani; Sharh Sahih Muslim 5/192, by al Nawawi; Fath al Bari 1/451, by Ibn Hajar; al ʿUmdah 4/26)
She returned without any of her water being reduced, rather the two large water skins were more full. They also gave her food that they gathered for her in a cloth, including dates, flour, and roasted flour. In this was a clear miracle from the signs of Prophethood. Along with that, they protected her good deed, and they stopped raiding her clan until the whole clan entered Islam.
Umm Sulaym Orders Her Son To Say “There Is No God But Allah”
Umm Sulaym, the Ansari woman, accepted Islam, but her husband Malik ibn al Nadr was not pleased with this. He showed that he did not feel at ease about it, but she did not care about his reaction. Instead, she began teaching their son the two testimonies of faith.
Ibn Saʿd reported with an authentic chain, from Ishaq ibn ʿAbd Allah, from his grandmother Umm Sulaym, that she believed in the Messenger of Allah ﷺ. She said: “Abu Anas came back, and he had been away, and he said: ‘Have you become an apostate?’ I said: ‘I have not become an apostate, but I believe in this man.’” (al Tabaqat 8/425, by Ibn Saʿd; al Siyar 5/305)
She said: “Then I began teaching Anas, pointing to him: ‘Say: “There is no god but Allah.”
Say: “I testify that Muhammad is the Messenger of Allah ﷺ.”’ So he did.” She said: “Then his father would say to me: ‘Do not corrupt my son.’ And I would say: ‘I am not corrupting him.’”
Umm Sulaym wanted to save her small child from shirk (associating partners with Allah), and to be the first caller to him. She did not care that this opposed the child’s father. She also corrected his claim when he said: “Have you become an apostate?” She said: “I have not become an apostate, but I believe in this man.”
Then she began teaching her small child what she believed, even while her husband opposed her. May Allah reward her with good. How many believing women today throw their children to nannies who come from lands of disbelief, with a belief system that opposes Islam, so the child drinks, along with milk, beliefs that oppose his belief, and ways that oppose his society.
Umm Sulaym Presents Islam To Her Husband Malik ibn al Nadr
Umm Sulaym did not stop with her own Islam, and teaching her son the two testimonies of faith, even while her husband Malik ibn al Nadr opposed her. She also presented Islam to him.
Ibn ʿAbd al Barr said: “She had been married to Malik ibn al Nadr, the father of Anas ibn Malik, in the pre Islam period, and she gave birth to Anas ibn Malik for him. When Allah brought Islam, she accepted Islam with her people, and she presented Islam to her husband. He became angry with her and travelled to Greater Syria, and he died there.” (al Istiʿab 4/1940, by Ibn ʿAbd al Barr)
The Dowry Of Umm Sulaym Was Islam
The books of biography wrote, in golden ink, about the woman with the most noble dowry. This was Umm Sulaym, who raised Anas upon Islam, and called her husband Malik ibn al Nadr, but he refused, and he died in Greater Syria. Some time passed after Malik’s death, and then Abu Talhah came to propose to her. She chose a dowry, if he accepted it she would accept him, and if he refused it she would refuse him.
Ibn Saʿd reported from Anas: Abu Talhah came to propose to Umm Sulaym. She said: “It is not right for me to marry a polytheist. Do you not know that the gods you worship were carved by the servant of the carpenter family of so and so, and if you lit a fire in them they would burn?” So he left her, and what she said settled into his heart. He would not come to her on any day except she would say this to him. (al Tabaqat 8/427, by Ibn Saʿd)
In another report she said: “O Abu Talhah, do you not know that your god which you worship is just a tree that grows from the ground, and a man from the carpenters carved it?” He said: “Yes.” She said: “Do you not feel ashamed to prostrate to a piece of wood that grows from the ground, and a man carved it?”
Then she said: “Will you testify that there is no god but Allah, and that Muhammad is the Messenger of Allah ﷺ, and I will marry you, and I want no dowry from you besides that?” He said to her: “Leave me until I look into it.” Then he went and looked into it, then he came and said: “I testify that there is no god but Allah, and that Muhammad is the Messenger of Allah ﷺ.”
Al Nasaʾi reported, from Thabit, from Anas: Abu Talhah proposed to Umm Sulaym, and she said: “By Allah, a man like you is not turned away, but you are a disbelieving man, and I am a Muslim woman, and it is not permissible for me to marry you. If you accept Islam, that will be my dowry, and I will not ask you for anything besides it.” So he accepted Islam, and that was her dowry. Thabit said: “I have not heard of any woman whose dowry was more noble than Umm Sulaym, Islam.” (Sunan al Nasaʾi 3341; al Mukhtarah 4/427, by al Maqdisi; Fath al Bari 9/115, by Ibn Hajar; Sahih Sunan al Nasaʾi 3341, by al Albani)
Consider the story of Umm Sulaym, and it leads to the following:
First: Her pride in Islam, shown in her words to her first husband Malik ibn al Nadr: “I have not become an apostate, but I believe in this man.”
It is also shown in her words to Abu Talhah: “But you are a disbelieving man, and I am a Muslim woman, and it is not permissible for me to marry you.”
Second: Her insistence on teaching her son the two testimonies of faith, even while her husband opposed her.
Third: Her quickness in presenting Islam to her husband, even though he did not feel at ease about her Islam.
Fourth: Her care that the man proposing to her accepts Islam, and she made Islam his dowry.
Abu Talhah accepted Islam, and his Islam became good, and he stood firm with the Messenger of Allah ﷺ on the day of Uhud, saying: “My throat is in front of your throat, O Messenger of Allah ﷺ.”
Al Bukhari reported from Anas: On the day of Uhud, the people ran from the Prophet ﷺ, and Abu Talhah was in front of the Prophet ﷺ, shielding him with a leather shield.
Abu Talhah was a strong archer. That day he broke two or three bows. A man would pass by him with a quiver of arrows, and he would say: “Scatter them for Abu Talhah.” The Prophet ﷺ would raise his head to look at the people, and Abu Talhah would say: “May my father and mother be given for you, do not raise your head, so that an arrow from the people does not hit you. My throat is in front of your throat.” (Sahih al Bukhari 8373. The word “shielding” means using it as a cover to protect him. Fath al Bari 7/128, by Ibn Hajar)
So look at the effect of that blessed woman. Her upbringing was a reason one of the ulama of the ummah, Anas ibn Malik, the servant of the Messenger of Allah ﷺ, was raised. Through her call, one of the heroic fighters later accepted Islam, and he stood firm with the Messenger of Allah ﷺ.
Umm Hakim Orders Her Husband To Come To The Messenger Of Allah ﷺ And Accept Islam
Umm Hakim bint al Harith, the woman who was a reason her husband ʿIkrimah ibn Abi Jahl accepted Islam, accepted Islam on the day of the Conquest. She asked the Prophet ﷺ to grant safety to her husband ʿIkrimah, and ʿIkrimah had fled to Yemen. She went out to look for him, and she brought him back until he accepted Islam.
A report came with details of what happened between them. Ibn ʿAsakir reported in Tarikh Dimashq: “ʿIkrimah fled on the day of the Conquest of Makkah from Islam. His wife, Umm Hakim bint al Harith ibn Hisham, came and asked the Messenger of Allah ﷺ for safety for him, so he wrote a pledge of safety for him. She went with it and caught up with him after he had boarded a ship. She called out: ‘O son of my uncle, I have a pledge of safety from the Messenger of Allah ﷺ.
If you accept Islam, and accept the pledge of safety of the Messenger of Allah ﷺ, then I am still your wife. If not, the marriage bond between me and you is over.’ He did not turn to her. The boatman came to push the ship away, and ʿIkrimah spoke with his shirk, swearing by al Lat and al ʿUzza.
The boatman said: ‘Be sincere, because nothing will save you except sincerity.’ ʿIkrimah said: ‘I see that I am not fleeing except from the truth.’ So he came down from the ship, accepted the pledge of safety of the Messenger of Allah ﷺ, and returned with his wife. When he came to the Messenger of Allah ﷺ, he said: ‘Welcome to the migrant, is this ʿIkrimah?’” (Tarikh Madinat Dimashq 41/61, by Ibn ʿAsakir.)
Among the benefits in this story is Umm Hakim’s care for her husband’s Islam. She took a pledge of safety for him from the Messenger of Allah ﷺ because she heard his blood had been made lawful. She was happy with that pledge, and she crossed long distances until she reached him in Yemen before he crossed the sea.
She showed him gentleness and care, and she called him: “O son of my uncle.” Then she reassured him that she had gained safety for him from the Messenger of Allah ﷺ, and in some reports she described the Messenger of Allah ﷺ by saying: “I have come to you from the most faithful of people, the most dutiful of people, the best of people. Do not destroy yourself.” When she finished encouragement, she also warned him, with wisdom and sound judgement, telling him that if he remained on disbelief, their relationship would end. So he accepted and became Muslim.
Al Shafiʿi (d. 204AH) said about him: “ʿIkrimah had good effort in Islam, and a good record once he entered it.” It was also differed about where he was killed, whether it was at Ajnadayn, and this is what most biographers held, or at al Yarmuk, and this is what Ibn Ishaq (d. 150AH) and al Zubayr ibn Bakkar (d. 256AH) held. (Tahdhib al Kamal 20/248, by al Muzzi; Usd al Ghabah 4/121; al Isabah 4/538)
May Allah be pleased with Umm Hakim, who was a reason a noble Companion and fighter, ʿIkrimah ibn Abi Jahl, accepted Islam.
Fatimah And The Islam Of Umar
Do not be surprised when it is known that the reason Umar, Abu Hafs, the second of the Rightly Guided Caliphs and the first Amir al Muʾminin, accepted Islam was a woman. Umar’s Islam had behind it a great sister, Fatimah bint al Khattab, the wife of Saʿid ibn Zayd ibn ʿAmr ibn Nufayl.
Ibn Hibban said in al Thiqat: “The reason for his Islam was that his sister Fatimah bint al Khattab was married to Saʿid ibn Zayd ibn ʿAmr ibn Nufayl. She had accepted Islam, and her husband Saʿid had accepted Islam, and they hid their Islam from Umar. Nuʿaym ibn ʿAbd Allah ibn al Nahham had accepted Islam, and he used to hide his Islam. Khabbab ibn al Aratt used to go to Fatimah bint al Khattab to teach her the Qurʾan. Umar went out one day with his sword across him, wanting the Messenger of Allah ﷺ.
He was told that they had gathered in a house near al Safa, and they were close to forty men and women, and with the Messenger of Allah ﷺ were Hamzah, ʿAli, and Abu Bakr, among men from the Muslims who stayed with the Messenger of Allah ﷺ in Makkah and did not go to the land of Abyssinia. Nuʿaym ibn al Nahham met Umar ibn al Khattab and said: ‘Where are you going?’ He said: ‘I am going to Muhammad, the apostate, who split the matter of Quraysh, made their minds foolish, attacked their religion, insulted their gods, so I will kill him.’
Nuʿaym said: ‘By Allah, you have fooled yourself, Umar. Do you think ʿAbd Manaf will leave you walking on the earth after you kill Muhammad? Why not go back to your own household and deal with them?’ Umar said: ‘Which household?’ He said: ‘Your brother in law, your cousin Saʿid ibn Zayd, and your sister.
They have accepted Islam and pledged to Muhammad upon his religion, so go to them.’ Umar went back, heading to his brother in law and his sister, and Khabbab ibn al Aratt was with them, and with him was a page containing Surah Ta Ha, teaching it to them.
When they heard Umar’s voice, Khabbab hid in a small room, and Fatimah bint al Khattab took the page and put it under her thigh. Umar had heard her reading when he came near the house. When he entered, he said: ‘What is this low sound that I heard?’” (The phrase “a low sound” means hidden speech that is not understood. al Nihayah 5/289, by Ibn al Athir; al Thiqat 1/75, by Ibn Hibban)
He was told: “We did not hear anything.” He said: “No, by Allah, I was told that you both pledged to Muhammad upon his religion.” He attacked his brother in law Saʿid ibn Zayd, and his sister Fatimah stood to stop him from her husband, so he hit her and wounded her.
When he did that, his sister and her husband said: “Yes, we have accepted Islam, and we believe in Allah and His Messenger ﷺ, so do what appears to you.” When Umar saw the blood on his sister, he regretted what he did, and he came back to himself, and he said to his sister: “Give me that page that I heard you reading, so I can see what this is that Muhammad has come with.” Umar used to write. When he said this, she said: “We fear you over it.”
He said: “Do not fear,” and he swore by his idols that he would return it to her. When he said this, she hoped for his Islam, so she said: “My brother, you are impure while you are upon shirk, and no one touches it except the purified.”
So Umar ibn al Khattab washed, then she gave him the page, and in it was Surah Ta Ha. When he read a line from it he said: “How beautiful this speech is.” When Khabbab heard that, he came out and said: “Umar, by Allah I hope Allah has chosen you with the supplication of His Prophet ﷺ, for I heard him say: ‘O Allah, strengthen Islam with Abu al Hakam ibn Hisham, or with Umar ibn al Khattab.’” Umar said: “Show me where he is, Khabbab, so I can go to him.” So he accepted Islam. Khabbab said: “He is in a house near al Safa with a group of his Companions,” and then he mentioned the rest of Umar’s Islam.
The Islam of the man in whose era the lands of Islam expanded until they reached the far ends of the east and the west, and the lands of Kisra were opened, and Bayt al Maqdis was opened, and the state of Islam grew strong in his era, had behind it a woman. Is it not a right for women to take pride in this and to count it as an honour.
أَنْ تَضِلَّ إِحْدَاهُمَا فَتُذَكِّرَ إِحْدَاهُمَا الْأُخْرَى
“So that if one of them forgets, the other reminds her.” (al Baqarah 282)
The Believing Women Call The Mujahidin To Stand Firm At The Battle Of al Yarmuk
When the Romans pressed hard against the Muslims at al Yarmuk, some fighters ran back. A group of Muslim women scolded them and ordered them to return to the fight.
Ibn Kathir said about them: “The Muslim women fought on this day and killed many of the Romans. They used to strike whoever ran back from the Muslims, saying: ‘Where are you going, leaving us for the foreign enemy?’ When they scolded them, no one could hold himself back, and he would return to the fight.” (al Bidayah wa al Nihayah 7/13, by Ibn Kathir)
The daughter of al ʿAs ibn Munabbih used to call out: “May Allah make ugly the face of a man who runs from his wife.” The women used to say to their husbands: “If you do not protect us from these enemy soldiers, then you are not husbands for us.”
Hind bint ʿUtbah saw Abu Sufyan, may Allah be pleased with them, running back, so she struck the face of his horse with her pole and said: “Where are you going, Ibn Sakhr? Go back to the fight, and give your life, so that Allah may remove what came before from your pushing people against the Messenger of Allah ﷺ.” (al Futuh 1/202–203).
Reflect on what came before, and what the woman gave in jihad, by pushing the strong fighters of the Muslims forward to continue against their enemy, to break the enemy in their land, and to remove the anger from the hearts of the believers. By the One who sent Muhammad ﷺ with the truth, no nation lives in humiliation when its women are like this.
Suʿda Calls Her Husband To Spend In Charity
How beautiful it is when a Muslim gains for his home the best comfort of this life. When he looks at her, she makes him happy. When he orders her, she obeys. When he is away, she protects him. In all of this, she helps him with obedience, and she guides him to the doors of good.
Ahmad reported in al Zuhd, from Suʿda bint ʿAwf al Murriyyah, that she said: Talhah woke up one day feeling worn down, so I said: “What is the matter with you? Has anything from us upset you, so we can please you?” He said: “No. By Allah, you are a good wife for a man. But money gathered with me, and it upset me.”
She said: “So call your people and give it out.” He said: “Servant, call my people.” So he divided it among them. She said: “I said to the treasurer: how much is the money?” He said: “Four hundred thousand.” al Tabaqat 3/220, by Ibn Saʿd; al Maʿrifah wa al Tarikh 1/244, by al Fasawi; al Muʿjam al Kabir 1/112, by al Tabarani; Tarikh Dimashq 25/101, by Ibn ʿAsakir; Majmaʿ al Zawaʾid 9/148, by al Haythami; al Targhib wa al Tarhib 2/28, by al Mundhiri; Sahih al Targhib wa al Tarhib 925, by al Albani; al Taqrib 3053.
This first causes blame upon the self, then upon every woman. Where are we when compared to the lives of those righteous women. She was troubled by her husband’s changed state, and she feared she had fallen short in his right, so she said: “Has anything from us upset you?”
Then she showed love and offered to please him. When she learned the reason for his sadness was wealth in his hands, she did not say: keep it for me and for your children. Instead, she said: share it with your people, without asking about its amount, until the treasurer told her it was four hundred thousand.
If women were like those who have been mentioned, then women would be better than men.
And being female is not a flaw in the name of the sun, nor is being male an honour in the crescent moon.
The Ongoing Mention Of Umm al Muʾminin Khadijah
We still mention the life of Umm al Muʾminin Khadijah, may Allah be pleased with her, that pure life, in which the support of the call was shown, and Allah made His Messenger ﷺ firm through her. Ibn Hajar said in al Isabah: Ibn Ishaq mentioned that Khadijah was the first to believe in Allah and His Messenger, and she believed what he came with, so Allah made things lighter upon the Messenger of Allah ﷺ through that. He would not hear anything that he disliked from people rejecting him except he would return to her, and she would make him firm and make the matter of people easy upon him.
When the Messenger of Allah ﷺ came to her, trembling, and said: “Cover me, cover me,” she covered him until the fear left him. Then he said to Khadijah: “O Khadijah, what is wrong with me? I feared for myself,” and he told her about the revelation coming down upon him.
She said: “No. Take good news. By Allah, Allah will never disgrace you. By Allah, you keep family ties, you speak truthfully, you carry the weak, you give to those who have nothing, you honour the guest, and you help people in the hardships of time.”
Then Khadijah took him until she brought him to Waraqah ibn Nawfal and told him the account. He told them that the angel who was sent to Musa had been sent to Muhammad ﷺ, and he wished he could be alive and strong when his people would drive him out. The Messenger of Allah ﷺ said: “Will they drive me out?” He said: “Yes. No man has ever come with something like what you have come with except he was opposed. If I reach your day, I will support you with strong support.” Sahih al Bukhari 3; Sahih Muslim 159; al Isabah 7/600, by Ibn Hajar.
Consider her wide heart, her clear thought, and her strong understanding in the words she chose to calm her husband. She began by saying: “No. Take good news. By Allah, Allah will never disgrace you,” then she explained this by listing his good qualities. To strengthen his certainty, and to calm his fear, she took him to a cousin of hers who had knowledge from earlier scripture, so he told him what he would face. All of this was from Allah’s mercy to His Messenger ﷺ.
After looking at examples of the lives of righteous women who called to Islam, it becomes clear that Islam gave the woman the right to call to Allah and guide people to Him, and it made her equal with the man in reward. It is surprising that some Muslims prevent their wife, daughter, or sister from calling to Allah, and they make calling to Allah a clear share for men, and a forbidden share for women. Is calling to Allah only for the men of the ummah and not its women. Let him bring his proof and answer what has been mentioned.
If the Muslim woman has been charged in Sharia with calling to Allah, then that charge rests on several reasons and causes that show the strength of the Muslim woman caller and her effect. Among the most important reasons are the following.
First: A woman is often more able than a man to explain and convey among women, because their situations match and their gender is the same, and the people of Makkah know its paths best.
Second: The woman caller can often tell what comes first in women’s matters of calling to Islam, so she puts what matters most before what matters less. This is not easy for many male callers.
Third: The woman caller can point out mistakes in women’s society, whether in beliefs, acts of worship, or behaviour, because she lives with it. Many men do not know this in detail.
Fourth: Personal calling is important, and the Muslim woman caller can do it in ways that a man often cannot, because Sharia makes it forbidden for a man to be alone with a woman.
Fifth: With global change, and because of the reality of the time, women’s contact has become easy and common in places of study, work, family gatherings, and online spaces. This gives added importance to the woman being active in calling to Islam.
Sixth: The ideological attack and cultural pressure that comes to the ummah of Islam from its enemies places on the woman a responsibility to defend her firm Sharia foundations, and to hold fast to the Qurʾan and Sunnah with strength. Her defence can be stronger than a man’s, because she is the one most targeted.
Seventh: Women’s society needs women who have a clear Sunnah based manner and appearance, so that women can see in them the manner of the Messenger of Allah ﷺ. Calling by good example is one of the most effective ways of calling.
The question that is put forward is: Is the Muslim woman today at the level needed of awareness and understanding of the Qurʾan, Sunnah, and modern reality, so she can carry out this difficult task.
Have men understood the woman’s role in calling to Allah, so they help her and support her.
