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| Islamic Code Ms. Taslima Nasreen & Others On the Islamic Code Colonel Govind Y. Sowany (Retd) Ms Nasreen is a 32-year-old Bangladeshi
woman, who, without the authority of either age or scholarship, persists
in making one insensible statement after another. In a recent interview
with the Australian radio she has stated that the Islamic code demeans
women and seeks to enslave them. This is absurd. Below are my observations on this issue,
which I have made from the study of the Quran and Hadith, the two
authentic sources of Shariah Law. ANTI-FEMININE BIAS Gender discrimination is even much more practiced now-a-days in our own country. Recent reports in the press and on the electronic media have confirmed and brought to light the evil practice of female infanticide in Tamil Nadu. Baby girls are being choked with rice gruel regularly and on a massive scale. During Jāhilīyah, - the pre-Islamic era of ignorance - Arabs had similar proclivities and used to bury their little girls alive till Islam condemned the practice as a grave sin and ordered the believers to reject and abhor women who sinned like this. (Sūrah Al-Isra 17:31 and Al-Mumtahana 60:12) The injunction is repeated in Sūrah Al-Takwir. The lines read: - "When the infant girl buried alive, is
asked for what crime was she killed; when the records of men's deeds are
laid open, then each soul shall know what it has done" (81:8-10) MARRIAGE Marriage is by far the most crucial point
in a woman's life. But in very few societies do maidens have or had any
say in the matter. The ancient Hebrews (Jews) routinely took money for
their daughters from the husbands-to-be.
In the Hindu marriage ritual (Kanyadan), the father gifts away the
daughter. He thereby earns the equivalent "punya as would be
obtained by gifting 101 cows to a Brahmin. But Islam does not degrade its daughters to the level of a commodity, to be sold; or regard them as chattel to be gifted away. The whole concept of marriage is different in Islam. It is a contract drawn up by the magistrate himself and duly witnessed. There can be no compulsion. These people have to hear for themselves
the bride give her consent. They are also responsible to ensure that
neither party breaches the contract in any way while it is valid. A wife is not to be regarded as merely a
sexual outlet. Her place in the household is one of honor. Chapter 5
commands: - Chapter 30 brings out the wives equal
status and the special relationship even more clearly "And
men (one) of His signs is that He gave you wives from among yourselves
(equal social status) ... that you may live in tranquility with them and
He put love and kindness (for them) in your hearts.
Surely, there are indications in this for the thinking man".
(30:21) Indeed, for the "thinking" man,
i.e. intelligent man, the Quran leaves no doubt that marriage can be and
will be based only on love, kindness and honor. Incidentally, a dowry is compulsory in
Islam; but it is to be given to the woman, and not taken; for a man to
expect or accept money is considered to be not only undignified but also
as unmanly and a slur on the
family honor. As a result, brides do not get burnt in Muslim households. TROUBLED RELATIONS AND HARASSMENT However, as in any human relationship,
things can go wrong in a marriage. In such cases, Chapter 4 lays down
that: - Illusory opiates like "A marriage is
made in heaven, forever, till death does us part" or that it remains
"valid from birth to birth, for seven births" are not fed to a
woman in Islam (so that she is fooled into meekly accepting humiliation
and maltreatment because the husband is
"as God"). Since times immemorial, a favorite ploy used
by man to harass a
wife is to cast aspersions on her fidelity. Islam does not permit such injustice. Chapter 24 thunders: This is deterrent punishment indeed, for
not many can survive beyond 40-45 lashes. The result is that while
adultery as such is ruthlessly stamped out, no one dares to level baseless
charges of infidelity against innocent women in a Muslim society DIVORCE The unwanted wife has always been a pathetic figure; more so in the olden days. In Persia, they were usually just sold off. In the Roman colony of Syria-Lebanon the prevailing law permitted a husband to even kill a recalcitrant wife. The Catholic Church does not permit a divorce. Since all Europe was only catholic till as recently as the 16th century, unwanted wives were simply sent off to a convent, to be forcibly made nuns. In India and China, they were just discarded. Unquestionably, women occupied a very low position on the social scale. It is against this background, when there was no such thing as a divorce anywhere in the world, that for the first time in human history, Islam introduced the concept of a legal divorce. At the same time, the fact that it is always a traumatic experience for a woman was not forgotten. It was accepted but only as a necessary evil, to be avoided if possible. Prophet Muhammad has declared that, "Of all the permitted actions, a divorce is the most detestable before God." Therefore, various in-built checks, to
ensure that a divorce does not result because of a decision taken in
anger, are inherent to the code. Arbitration
is always mandatory, as the first step. Chapter 4 says, Another check is the compulsory waiting period of three lunar months. Many a reconciliation is known to have taken place during this period because the wife is to stay in the husband's home in the waiting period; human nature being what it is, it is difficult to live in close proximity with the woman who was once a wife and yet hold on to the resolve of the divorce, unless the issue is really serious. The Islamic code is a marvelous blend of fair-play and pragmatism. In passing must be mentioned a provision which virtually eliminates the possibility of a crooked divorce, being used only as a ruse to humble the wife. If a man wishes to remarry his divorced wife, he can do so, the law says; but only after she has married some one else and has had marital relations with him: This condition puts the male ego under such a severe strain that no one playacts a divorce scene. To revert to the subject of divorce, if there is an unborn child at that juncture, all its rights (Patronym, inheritance etc.) are fully protected. So also are the woman's right to lodgment and maintenance; in fact, sympathy for the divorced woman becomes almost palpable when the commands of Chapter 65 are studied. "If you (believers) divorce your
wives, divorce them at the end of the waiting period.
Have fear of Allah, your Lord; do not expel them from their
homes.... When they have reached their prescribed time, either keep them
honorably or part with them honorably. Call to witness two honest men
amongst you and give your testimony before Allah.... For pregnant women,
their term shall be the time they deliver.... Lodge them in your own
homes, according to your means. Do
not harass them so as to make life intolerable for them" (65:1-6) The two honest men are clearly meant to
have a final attempt at reconciliation; so is perhaps the hope behind the
command to keep the
"wife in your own home" for the full waiting period. A woman
pregnant with one's owns child invokes very strong protective instincts in
the father and 7-8 months is a very long interval indeed for anger to
persist. However, if it has to be a divorce, despite
these wise safeguards, the woman is not left destitute. Chapter 2
categorically lies down: - In all other cases of inheritance,
compensation etc., the code is specific about the exact amount. Only in
this case, since a large number of variables is involved (blame for the
divorce, dowry, children, age, etc.) The amount has been left to the
wisdom of the ummat and the conscience of the man, to be decided on a
case-by-case basis. The only injunction is that it has to be
"reasonable" and that, The final word on divorce is the ISMA. This
is a right given to women to ask for a divorce if they so wish. This right
is to be included in the marriage contract and can even be incorporated in
it at a later date. To the best of my knowledge no other code in the world
temporal or religious, has ever conferred such liberal rights on a woman WIDOW REHABILITATION It should have become clear to the reader
by now that Islam takes very good care indeed of its women. But the best
part is reserved for the widows. Of all the calamities that can befall a
woman, widowhood is perhaps the worst. In some civilizations, her presumed
'sins' are held to be the cause of the husband's death. She is considered
to be inauspicious. Her head may be shaven or she could be just abandoned
at Allahabad or Brindaban, utterly destitute. The widows distress is
real and pitiable. Islam sets out to redress her lot, with a
firm hand. A woman is not considered inauspicious if widowed. Her
remarriage is assiduously encouraged, even if she is past the nubile age.
Rehabilitation of widows particularly war widows, is considered to be
repayment of society's debt. The Prophet is regarded by all Muslims to
be the role model par excellence, to be emulated wherever possible. When
he was a young man he married a widowed lady, senior to him in age. For
the next twenty-four years, till her demise, no other woman entered his
life. By coincidence, just then the problem of war widows had, for the
first time begun to loom before the fledgling Muslim community. Widowed during the Abyssinian exile, Sauda
was an elderly lady who came back. Widowed in a foreign land, while
already a refugee, she was in desperate state. As always, the Prophet set
a personal example to the Ummat by marrying her. The first battle of
Islam, Badr, now took place. Zainab d/o Khuzaima, who had already been
widowed once, lost her second husband at Badr. Widowed twice, she was
utterly destitute till the Prophet married her. Within a year of Badr,
almost to the day, came the second battle of Islam's survival, Uhad. The
Muslim losses were five times those killed at Badr and the problem of war
widows became serious. Once again, the Prophet showed the way by marrying
Hafsa. FINANCIAL INDEPENDENCE The root cause of misery for most women is to be found in their financial dependence on others. While most of the so called advanced civilizations in the world have tried to rectify the evil only during the past 100 years or so, Islam has laid down laws of inheritance for women 14 centuries ago. Under the Sharia Law, a woman will invariably inherit from her parents, (4:7 and 4:11), the husband (4:12), and her own sons (4:11 and 2:180); in certain circumstances she is entitled to a legacy from even her brother (4:176). Besides, no one can lay any claim to what a woman may earn by her own labor (4:32). RESPECT AND COURTESY TO WOMEN If the wild and uncouth Arabs of the desert
were to be taught to respect womenkind, the mother would obviously be the
best place to begin. "Paradise
lies below the mother's feet" the devout are told. Chapter 4 extols
mothers thus: - As the readers no doubt know, the Prophet
lost his father while still in the womb and his mother when he was not yet
six. It is perhaps the echo of an orphan's anguish that is heard in
Chapter 17: - Even more paeanic to mothers is Surah Al-Ahqaf.
God is speaking: - At 40, a man is at the peak of his adult
life; surrounded by his own children, established in life, the battle for
survival won, rich and powerful. This is the time, when a Compassionate
God is telling him, to remember his mother, without whom none of this
would have been possible. ANCILLARY BENEFIT There are many benefits that women derive
because of the provisions of the Islamic code. They are not immediately
realized because they are indirect. For
instance, take the fact that marriage is a contract in Islam. Under this
arrangement there is no such nonsense as severing all ties with the
parental home after marriage. It may not be known widely but an Arab woman
does not change her name or her surname when she marries. Married,
separated, divorced or widowed, the rights bestowed on her when she came
of age, remain unchanged. She continues to be a member of her clan and
those doors are always open to her, if need should unfortunately arise.
Compare this with the lot of her woebegone sisters elsewhere, who may not
be getting their due respect in the husbands home. They must endure
humiliation year after year, because they have nowhere else to go. Islam's strict ban on alcohol is another
great benefit. I wonder if Memsabs like Ms Nasreen have even the slightest
idea of the hand to mouth existence and the daily beatings that non-Muslim
women of the working class have to live with, because the husbands drink. SUMMING UP Such then is the Islamic code as applicable to women. It grants a woman full rights as an individual when she comes of age. These remain inviolate whether she is married or widowed. She cannot be married against her will. She will get a dowry when she marries. Her entitlements of inheritance from her parents, husband and sons (even brothers, in special cases) are clear and specific. No effort is spared to save her from the
trauma of divorce. If
arbitration and waiting period fail to save the marriage reasonable
provision is made for her. She has the freedom to seek separation or
divorce. The unborn child's rights are safeguarded. Her earnings cannot be
touched and she will not be ill-treated. If widowed, remarriage is
considered commendable. Her parental home remains open to her, no matter
what. As an infant she is not killed. As a
daughter she is cherished. As
a wife she lives in dignity and as a mother, she is respected and honored. The vital thing to note in all these is that these are not courtesies or privileges extended to her by convention or social ethos. The actual text of the scripture grants her these rights. To Muslims, their scripture is not a basis for (pointless and endless) discussions but the Divine word of God, to be followed to the letter. It is the cornerstone of their faith that an Omniscient God is aware of all that they do, in thought or deed; in public or in the privacy of their bedrooms. CONCLUSION If Ms Nasreen finds this code repressive or unfair, she has to be either stupid or ignorant. From the record she seems to be foolish but hardly stupid. Therefore, she must be unaware of her heritage. It is intended to send a copy of this article to her in Sweden, where she is hiding, in the hope that the irony is not lost on her that a non-Muslim like me should be educating her about what is hers by birthright. We are all aware of the fact that the Muslim woman's lot is far from happy today. But that is not so because she is a Muslim; that is the lot of all the women on this sub-continent. We live in grinding poverty, ignorance and superstition. These three factors invariably lead to a poor quality of life and a weakening of the social fabric. Men under pressure do lash out blindly at times and the nearest soft target, always women, get mauled. The Muslim poor are no exception One must also face the fact squarely that
there are sinners amongst the Muslims too. The misguided and the
weak-willed do sometimes break the law. Besides, Islam has taken roots in
many lands, as on this sub-continent.
Inevitably, there is an aping (unknowingly) of non-Islamic customs,
which are against the Shariah. But I find Ms Nasreen in complete error when she defaults the code because all the Muslims do not follow all its dictates at all times. Can non-compliance, disobedience or for that matter ignorance of the law be interpreted as a defect or a flaw in the code? Govind Y. Sowany (Colonel, Retd.) Send mail to webmaster@indiavision.com Copyright © 1999 Source: http://www.explore-quran.com/articles/islamic_code.htm |