Tahreer Al‌Mar'ah Fi 'Asr Ar‌Risaalah

Tahreer Al‌Mar'ah Fi 'Asr Ar‌Risaalah

By Abd Al‌Haleem Mohammed AbuShaqqah

"1st edition: Kuwait, Daar Al‌Qalam Lil Nashr Wat‌Tawzi', 1410H/1990AD", in six volumes.

It is one of valuable and worthy works in the field of subjects on women, a collection that is produced with the good efforts of Abd Al‌Haleem AbuShaqqah.

In regard of his motive of compiling this book, the author says: I was doing investigation and researching on the Prophet's Sirah "biography"; meanwhile I came across some traditions regarding the woman, that differed much from the conceptions current on this topic, Therefore I abandoned the idea and turned to this argument. "vol.I, p.28".

The opinion held by the author being that the Muslim woman in the contemporary world rests between two ignorance rapacious wolves: one of them being jaahiliyyah of twentieth century which inviting to debauchery and corruption. And the other being the ignorance "jaahiliyyah" of the fourteenth century in which very narrow‌minded viewpoints governed

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over the woman "vol.I, pp.28‌31". For deliverance from these two assaults, he "the author" considers the social‌fiqhi study of the woman during the Prophet's lifetime to be something illuminating and enlightening, so he gave the book the title Dirasah Ijtima'yyah Fiqhiyyah 'An Al‌Mar'ah Fi 'Asr Ar‌Risaalah "vol.I, p.38".

The course of the book took the name Manhaj Istiqrah An‌Nusus, to this meaning that the texts of the holy Quran and Sunnah be induced correctly, and introduced with analysis. The author has presented in the footnotes useful exposition and interpretations for words of texts. And the compiler intended firstly to take as a foundation for his work the fourteen hadeeth books that is:

Saheeh Al‌Bukhaari, Saheeh Muslim, Sunan Abi Dawood, Sunan At‌Tirmidhi, Sunan An‌Nasa'i, Sunan Ibn Majah Muwattah Malik, Zawa'id Saheeh Ibn Hayyan, Musnad Ahmad, Musnad Al‌Bazzaz, Musnad Abi‌Ya'la, Al‌Mu'jam Al‌Kabeer, Al‌Mu'jam Al‌Awsat, Al‌Mu'jam As‌Sagheer of At‌Tabarrani.

But for accelerating the work, and making easy for the reader, and considering the position of Saheeh Al‌Bukhaari and Saheeh Muslim, I have confined and presented the research in this stage within this section and field "vol.I, pp.40‌41".

The author is of the opinion that this programme has to be fulfilled in an encyclopaedia of human sciences, i.e. economy, politics... and alike "vol.I, p.43". The style of this book can be likened to the style of writing of the book Al‌Hayaat, compiled by Mohammed Riza Hakeemi and his brothers. The author believes that for restoring freedom of the Muslim woman and organising the society on a solid foundation, we should perform several researches and studies in the following five grounds:

1. Extracting all the texts of the Quran and Sunnah;

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2. Gathering the opinions and exertions of the Islamic scholars of the past centuries;

3. Analysing the Muslims' new writings.

4. Making statistic studies and investigations for getting acquainted with the realities prevalent in the society;

5. Trying to become familiar with investigations and studies made by the Westerners in the connection of woman, like: psychology, education and training, sexual culture, employment, social and political activities "vol.I, pp.48‌49".

The book is initiated by two short and long introductions made by two eminent researchers of contemporary Arab world, i.e. the late professor Mohammed Al‌Ghazaali and Dr. Yousif Qardaawi.

The subjects of this six‌volume compilation are introduced through five pivots, to which I briefly refer:

Woman's Character

This subject is presented in two sections:

In the first section the author discusses the woman's personality according to the Quranic view, giving then some samples of prominent women from the Quran.

In the second section he discussed and analysed the same topic in the view of the Sunnah, showing first signs and indications of the woman's character from the inner folds of traditions, introducing then numerous samples through detailed discussions and arguments. This section is concluded with a criticism and study of three well‌known traditions: "Deficiency of Woman's Intellect." "Most of hell‌dwellers being Women." and "Creation of Woman from a curved rib."

Woman's Participation in Social Life

This subject for which volumes two and three being dedicated, has been discussed through two sections

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"babs". In the third section he pays to setting forth the topic and stabilisation of viewpoints. And the fourth section is dedicated for study of doubts and objections raised in this connection.

In the third section, he studied first the motive of woman's participation, giving eleven motives in this connection, turning then to manners and rules of participation, setting forth special conditions of social participation of woman as a subject of discourse through five headings.

After citing the necessities and manners of participation, he sets forth witnesses for permission "of participation" in three chapters, citing first examples from the era of former prophets. Then he introduces samples of way of living of wives of prophets, turning in the conclusion to citing examples of participation and presence of women during the epoch of the Prophetic mission. After this stage, women's participation in social life is divided into three areas, each of which being given good attention: 1. employment; 2. social activities; 3. political activity.

The author interprets the social activities with works of public benefit like training and education or performed in a collective way "vol.II, p.381", considering political activities like emigration, Jihaad "holy struggle", and fighting with the taghut "tyrant"... etc. "vol.II, p.413".

The fourth section, which is titled "Hiwar Ma'a Al‌Mu'arizeen Li Musharakat Al‌Mar'ah Fil‌Hayat Al‌Ijtimaiyya" "A Dialogue with Opposers to Woman's Participation in the Social Life", is dedicated for criticism and study of viewpoints of opposers to woman's participation. Also he gives replies to four objections raised against "participation licence's making use of narrations." setting at the end the opposers' views to criticism and study in seven points.

Of the author's interesting discourses in this section being

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that the opposers to woman's participation in the social life present two portraits in front of the woman: Either social participation and resemblance to the Western woman, or retirement in the house; and as the first case is not accepted, so the women's participation should be prevented and curbed. His reply in this regard being that a third case is there for woman's participation which is set forth by the Islamic Shari'ah: Women's participation with observing the religious manners and rules.

In this very section a detailed discussion in regard of the verse of Hijab "veil" is cited, the purport of which, with holding fast eleven proofs, should have been considered among the traits of the Prophet's wives.

The last chapter of this section, which is the last part of the third volume of the book too, contains a debate concerning ghulu "exaggeration" for convenient motive or applying the rule Sadd Adh‌Dharayi' "obstructing the justifications". The author considers the causes of this marrow‌mindedness and exaggeration to lie in six points, paying attention to analysing and elaborating them.

Clothes and Adornment of Muslim Woman

The fifth section, which covering the fourth volume as a whole, is dedicated for discussing the issue of clothing and ornamentation of woman. The author is of the opinion that, the Islamic Law has never declared certain fashion for clothes and ornament for women, but reiterating the five conditions of which woman's clothes and ornament should never be out. The conditions are as follows:

1. The whole body "of the woman" except the face, two hands and two feet, should be covered;

2. Moderation should be observed in clothes and ornamentation;

3. This should not be irrelevant to the common law of the Islamic society;

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4. The woman's covering "clothing" should differ in general from that of the man.

5. The woman's covering should differ completely from that of the disbelievers.

It is clear here that only the first two conditions are relevant to women exclusively, and the other ones should be observed in regard of the clothes of men.

Implicitly, this section cites elaborated interpreting discussions in respect of occasion of "revelation of" verses of Hijab, introducing also an all‌inclusive argument on non‌obligation of covering the face two hands and two feet. He made an investigation in this connection proving by which that wearing the mask "niqaab" and face veil not being among inventions of the Islamic Shari'ah, but were present in the pre‌Islamic era "vol.IV, p.222", circulating due to certain reasons after the Prophet's lifetime "vol.IV, p.296".

Woman in the Family

The sixth section is dedicated for discussing the subject of woman and family. The subjects of discourse of this section were presented in the fifth volume, and were categorised under nine chapters with the following headings:

· Marriage in the Islamic Shari'ah - Proposing for marriage o dowry o marriage contract

· Rights of wife and husband "basic rights"

· Rights of wife and husband "partial rights"

· Differences between wife & husband and method of tackling

· Right of separation between wife & husband and polygamy.

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Sexual Culture between Wife & Husband The fifth axis, which is set forth for discussion in the sixth volume, is dedicated within eight parts, for sexual rights of wife and husband. After stating the preliminaries of discussion, the following headings are seen:

· Sexual culture and bashfulness

· Acceptance of power of sexual lust by the Shari'ah

· Leniency of Shari'ah toward sexual enjoyments

· Shari'ah and techniques of enjoyment

· Prophet's conduct "lifestyle" in marriage and enjoyment "temporary marriage"

· Opinions of Fuqaha in regard of the sexual culture.

In the aforementioned chapters and sections, the author has cited numerous samples from the era of the Prophetic mission as an evidence and example.

After this brief report, we turn to cite some strange points and novel opinions and viewpoints given by the author in this work:

1. Every act on the part of the Mukallafun "who attained puberty" has a substance and shell, to the meaning that the substance appears through different conditions. The important point here being how to discover and recognise the spirit and substance. The essence of duties and acts is eternal while the way of their appearance changes with duration of time and social conditions. This distinction is employed by the author in respect of women's affairs during the lifetime of the Messenger of Allah, declaring that training, employment, and socio‌political of women have a substance approved by the Prophet, but manner of application in other epochs will be different "vol.I, pp.31‌38".

2. The author is of the opinion that for comprehending some of the narrations, it can't be resorted to mental

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probabilities choosing one of them. But rather, when content of hadeeth be related to external realities, help should be sought from modern sciences and understanding the hadeeth on their basis "vol.I, p.280". On this basis, he makes interpretation of the hadeeth of "deficiency of woman's intellect" "vol.I, p.277", and that of "creation of woman from a curved rib" "vol.I, p.290" depending on seeking help from modern sciences.

3. In interpreting the hadeeth "Many men reached perfection while among the women none attained perfection except Asia the wife of Pharaoh and Mary the daughter of Imran." he quotes some words from Ibn Hajar which indicating the prohethood of these women "vol.I, p.312".

4. In regard of the issue of shaking hands of the man with a foreign "not intimate" woman, he reports texts indicating prohibition of this act, citing in return other texts certifying the permission to this practice. The conclusion got by the compiler out of these two groups of traditions, is that in case of non‌probability of occurrence of sedition ‌ as is commonly practised by the relatives nowadays ‌ no prohibition is there "to shaking hands" "vol.II, pp.89‌93".

5. In the discussion of political sovereignty of woman, he reports a statement from Ash‌Shaykh Mohammed Al‌Ghazali, regarding it worth of contemplation and deep thinking.

Al‌Ghazali says: Ibn Hazm took these words of the Prophet"S": "Verily failed those who entrusted a woman with their affair" to mean the highest successorship; but we have a statement profounder than this, which says that this speech be applicable to special conditions of the then Iranian land. Because Iran, in those days, with its feeble socio‌political pillars, committed its administration to an infirm woman, the fact why the Messenger of Allah"S" recited the verses of surat An‌Naml in Mecca for

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people, in which Balqis was named as a successful queen.

Based on this, what is considered the criterion being capability and power not being woman or man "vol.II, pp.369‌372".

6. Contrary to the famous opinion considering attendance of the woman in Friday prayers to be something inadmissible or at least impunible, he considers this as a desirable and recommended act "vol.II, pp.399‌402".

7. He quotes some long sentences from eminent Rijaal "transmitters of hadeeth" and men of Fiqh: Al‌Imaam Az‌Zuhri said: "We never found any of the emigrant women to have apostatised after being faithful." "vol.II, p.423". Also from Adh‌Dhahabi he reported: "It is never reported of a woman that she lied in reporting a hadeeth" "vol.I, p.118".

8. The author believes that familiarity and sociability, diminishing the sexual sensitiveness; and in respect of relations between woman and man he raises up the sensitivity in regard of full separation between these two sexes, reaching it to the degree of a sin "haraj" ‌ "vol.III, p.31". In another place he says that sociability and habituation being of great effect in reducing the extent of seduction; in other words it diminishes the vehemence of seductivity in the connections between woman and man "vol.IV, p.155".

9. Facilitation is one of firm rules of Shari'ah, on which a strong emphasis is laid by God in the holy Quran. Likewise when the Prophet is made to choose between two choices, he would select the easier one. On this basis, the boundaries of legally permissible things should never be tightened "vol.III, p.163".

10. The author believes that the Fuqaha have received many of legal allowances from people, though these

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allowances causing preservation of freedom of man and encouragement of people to "heed to" the Shari'ah.

On the other hand, exaggeration in prohibition being a Satanic trick for seducing and alluring human beings to sin and disobeying God the Almighty "vol.III, p.168".

The conclusion he gets from this rule being that the permitted means can be prohibited only with two conditions. One of them is that it very often be a cause leading to mischief, and the other is that mischief has preference over interest "vol.III, p.177".

Following this discussion, he enumerates eleven instances in connection with women's affairs, in which the jurisprudents, through exaggeration in making use of rule of Sadd Adh‌Dharayi' "obstructing the justifications", have forbidden what was permitted "vol.III, p.183".

The author considers factors causing this exaggeration to lie in six things, as follows:

· Negligence of conditions of the rule of Sadd Adh‌Dharayi';

· undue understanding of woman's being seductive;

· pessimism in respect of the woman;

· men's blind jealousy;

· claim of corruption of vicissitudes of the world;

· some verses and narrations confirming pessimism toward the woman "vol.III, pp.190‌222".

11. The author believes that the opinions and viewpoints of leaders of Fiqhi schools "mazaahib" being liable to criticism and study. And imitation here is undue, but rather their wording should be also measured and weighed according to the Quran and "Prophetic" Sunnah "vol.IV, p.190". On this basis, he criticises the opinion of some of the schools that all the woman's body being privy parts "awrah".

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12. The author, depending on the "Quranic" texts, considers it binding upon the Muslim woman to observe a limited amount of an outward adornment throughout all her lifetime, whether being at home or outside. And the outward adornment he considers to be: tinging the hands by Hennah, colouring the eyes with dark‌blue and painting the cheeks. The law‌giver exempts the woman from this obligation only in time of mourning ceremonies over the dead "vol.IV, p.251". For all of these matters he cited examples from the texts "from Quran and hadeeth" as an evidence. For instance he reported a hadeeth that the Prophet said to a woman: Change "colour of" your finger‌nails with Hennah "vol.IV, p.254".

Then he says: Emphasis of texts on these points never means that only the women can benefit from them these days, but rather these things change with change of time and place "vol.IV, p.262".

13. He regards the narrations forbidding women from using sweet smell "teeb" to be allocated for three occasions:

· In time of attending congregational prayers in the mosque;

· Going out from the house with a manifest perfume;

· Doing this with the intention of displaying the charms and exciting the men's lust. Other than these three cases, there is no interdiction on making use of scent whose colour be apparent and smell is hidden "vol.IV, p.265".

14. The narrations forbidding women's imitating and copying the men, are interpreted to intend the general "outward" shape of the woman. That means the general form of the woman in clothing should not be similar to that of men, in the way that if one piece of clothes of the woman be like that of men there is no interdiction on this "vol.IV, 278".

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15. The author believes that covering the women's faces being not only non‌obligatory but also it be not recommended. "vol.IV, pp.323‌328". In this connection he writes: "Never think that recommendation to veiling the face has been an ancient habit and negating it being a new heresy, that was communicated by contagion from the Western community, since Qazi 'Iyaaz "d.544H." said: Recommending to veil the face for other than the Prophet's wives, being a controversial issue" "vol.III, p.328".

16. In the author's view, if the women's being seductive was declared and informed by the Prophet"S", so he as being more aware than others and has laid down ways of preventing this, should not add to and exceed it. And the detriment incurred by exaggeration in woman's seductiveness afflicts the woman, causing to view her a weak creature, and pushing her to distress "vol.IV, p.203".

In another place he says that for preventing the seduction of the woman, no opinion should be exerted or deviation made from the method determined by the Shari'ah. The route laid by the Shari'ah is to establishing faith inside hearts of God's slaves, developing and fostering of God‌fearing and observing the frontage and limits of the Divine rules "vol.IV, p.328".

17. Asking the hand "of a girl", though having a certain manner according to common law, being to go after family of the daughter, but in our time seven kinds of proposal "to marriage" are applied these days "vol.V, pp.29‌34".

18. There are general and detailed texts cited in regard of rights of the wife and the husband. It should be known that the general texts being invariable for all times and ages, but the detailed ones are peculiar for special circumstances and they can't be generalised for all times.

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On this basis, the author says that there are certain traditions cited that encourage to the wife's obeying her husband, due to the situation prevailed in the Medina which was somewhat a kind of woman's being the chief of family. Therefore the second caliph declared in regard of the Medina men saying: Their wives are predominant over them "vol.V, p.93".

19. In interpreting the verse "And they "women" have rights similar to those "of men" over them in kindness, and for men "their rights" on women, is a degree above" he writes that this verse shows equality of rights of women with that of men. And as some exegetes hold, what is intended by "and for men on women is a degree above" is that the men dispense with their rights for the benefit of the women "vol.V, pp.94‌95".

20. Circumcision of girls is considered by him a pre‌Islamic habit, in regard of whose reduction and facilitation the Islamic Shari'ah has issued several rules and instructions "vol.VI, p.150", believing it to have effect in diminishing the sexual enjoyment on the part of women, and considering the hadeeth on virtue of circumcision to be weak "vol.VI, pp.160‌161".

21. The author is of the opinion that among the obscene mistakes of Muslims is their passionate stance toward the claim of the orientalists who said one day that the spiritual maturity never agrees with the sexual enjoyment. And the Muslims, instead of correcting this wrong thought, have submitted to it, presenting even feeble or forged texts in this connection which confirmed this false thinking.

Another day they said that the Prophet of Islam"S" had attachment to a woman. Then the Muslims embarked on stating that there were socio‌political motives behind marriages contracted by the Prophet, as if desire for lawful enjoyment "istimta'", never suits his status "of course we never deny these socio‌political motives, but

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believe that other things should not be denied, while the Quran has confirmed those aspects too, when it says: "It is not allowed unto thee to take women afterwards, nor shouldst thou change them for other wives, though their beauty may charm thee."

Again I tried my best to cover the texts about sexual enjoyments, though the spiritual development has no incompatibility with this lawful enjoyment whatsoever "vol.VI, pp.183‌184".

22. The author reports from some Fuqaha that the husband should satisfy his wife's sexual need, and it is not sufficient that he fulfils this duty only once every four months, and he has implicitly accepted this opinion "vol.VI, p.233".

23. In this compilation, some of the traditions related to woman's affairs are considered weak or fabricated, to which a reference will be made in the following list:

· The Messenger of Allah"S" said to his daughter Fatimah "peace be upon her": "What thing is good for the woman "in your opinion"? She said: " "It is" that she never sees a man and no man sees her." The he embraced her saying: "An offspring one descending from the other" "vol.I, p.36; vol.III, pp.39&220".

· "Never teach them how to write nor make them dwell in the rooms" "vol.I, p.287; vol.III, p.216".

· "Submission to the woman brings regret" "vol.I, p.287; vol.III, p.216".

· "Were it not for the women, God would have been worshipped as truly as He should" "vol.I, p.287; vol.III, p.216".

· "Consult them and oppose them" "vol.I, p.287".

· "Men verily perish when obeying the women" "vol.I, p.287; vol.III, p.216".

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· "The most antagonistic enemy to you is your wife" "vol.I, p.287".

· "The women are verily only a game, anyone taking a game has to beautify it or approve of it..." "vol.III, p.216".

· "I am "the Prophet" preferred to Adam with two traits: His "Adam's" wife was an assistance to him to commit sin, while my wives are helpers to me to obedience." "vol.III, p.216".

· "Had it not been for women, men would have entered paradise" "vol.III, p.216".

· "He narrated that Luqman passed by a maid writing something when he said: For whom this sword is being polished?" "vol.III, p.219".

· "Have recourse to nakedness against the women" "vol.III, p.219".

· "Denude the women, they will verily submit "to you" " "vol.III, p.219".

· "Conceal their "women's" privy parts inside the houses" "vol.III, p.219".

· "The Prophet"S" forbade and restrained the women from going out "from the house" except a crippled old woman" "vol.III, p.220".

· "UmmSalamah bint Hukaym is reported to have said: "I have come up the past child‌bearing women performing the obligatory "daily" prayers with "behind" the Messenger of Allah"S" " "vol.III, p.220".

· "Sulayman Ibn Hathmah reported from his mother that she said: "I have seen the past child‌bearing women praying with the Messenger of Allah"S" in the mosque" "vol.III, p.220".

· "The crime "sin" of "Prophet" David was looking by eyes" "vol.III, p.220".

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· "No woman has ever performed a prayer better than that one "performed" in her house - except the prayers in mosques of Mecca and Medina - except a very aged woman" "vol.III, p.220".

· "When anyone of you has sexual intercourse with his wife he should cover himself, as if he doesn't cover, the angels would be ashamed and go out. If they were to have a child, verily the Satan would have a share in it" "vol.VI, p.148".

· "When anyone of you copulates with his wife he should use a cover and they should never lay themselves bare like nakedness of two wild‌asses" "vol.VI, p.148".

· "When anyone of you sleeps with his wife or his bondsmaid he should never look at her vulva, since this will cause blindness "to him" " "vol.VI, p.149".

· "When anyone of you copulates with his wife he should neither look at her vulva, as it verily brings on blindness, nor speaks too much as it causes dumbness" "vol.VI, p.149". · "Circumcision is verily a Sunnah "law" for men and noble act for women" "vol.VI, p.149".

It is fit here to refer to some points, that had the author paid attention to them was much better:

1. In certain places punctual and logical classification was not observed. And had classification been observed in topics as I did in presenting the book, another good would have been added to the book.

2. The subjects were discussed in a scattered way and in several places, like the issue of veiling the face in the fourth volume.

3. It was more proper for the author to manifest whether he has cited all the texts from Saheeh Al‌Bukhaari and Saheeh Muslim for every subject, or he has selected some of them, since in some places it was declared that all the traditions were mentioned. "vol.II, p.171".

4. Reporting some weak traditions, like the one about the Prophet's hesitation in the outset of his mission "bi'thah", diminishes the standing of the book "vol.II, pp.414‌415".

5. Not having technical indices is another remarkable weakness of this valuable work. In conclusion, with my appreciation to this scientific worthy effort, I wish success for the honourable writer to complete the second stage, to which a reference was made in the introduction to the book "vol.I, p.41", and bring out a valuable work for Islamic nations.