Women in Islam

 

Verses misinterpreted or taken out of context: [2:222, 2:223, 2:228, Divorce, 2:282, 4:15-16, 4:3, 33:59, 24:31, 38:44, 4:34, Hadith]

 

Taken from Maulana Muhammad Ali’s commentary unless otherwise specified:

 

Wives have the right to be lovingly approached by their husbands

 

2:222

 

222 And they ask thee about menstruation. Say: It is harmful; (b) so keep aloof from women during menstrual discharge and go not near them until they are clean. But when they have cleansed themselves, go in to them as Allah has commanded you. Surely Allah loves those who turn much (to Him), and He loves those who purify themselves.

 

222b. Adh-an signifies a slight evil, slighter than what is termed darar (LL), or anything that causes a slight harm (LL). It is not, however, the menstrual discharge that is called harmful here but having sexual relations while the woman is in that condition. The Jewish law contains a similar prohibition in Lev.18:19 and 20:18, though Jewish practice rendered it necessary that the separation between husband and wife should be complete. In Islam, it is limited to the cessation of sexual intercourse.

 

222b Bashir Ahmad’s commentary: The words, and go not near them until they are clean, do not mean that the husband should keep away from his wife completely and in no case go near her. The Holy Prophet’s sayings as well as his practice belie that inference. The expression simply refers to coiton (sexual intercourse) and does not debar other forms of loving approach.

 

Hadith:

 

Narrated Urwa: 'Aisha told me that she used to comb the hair of Allah's Apostle while she was in her menses, and he was in Itikaf (in the mosque). He would bring his head near her in her room and she would comb his hair, while she used to be in her menses." (Bukhari – Book of Menstrual periods, vol. 1 Book 6).

 

Narrated 'Aisha: The Prophet used to lean on my lap and recite Qur'an while I was in menses (Bukhari).

 

This is quite the reverse of what we see laid down in the Bible: "When a woman has her regular flow of blood, the impurity of her monthly period will last seven days, and anyone who touches her will be unclean till evening. Anything she lies on during her period will be unclean, and anything she sits on will be unclean. Whoever touches her bed must wash his clothes and bathe with water, and he will be unclean till evening. Whoever touches anything she sits on must wash his clothes and bathe with water, and he will be unclean till evening. Whether it is the bed or anything she was sitting on, when anyone touches it, he will be unclean till evening" (Lev. 15:19-23).

 

 

2:223

 

223 Your wives are a tilth for you, so go in to your tilth when you like, (a) and send (good) beforehand for yourselves. And keep your duty to Allah, and know that you will meet Him. And give good news to the believers.

 

223a. Anna means either mata, i.e., when, or kaifa, i.e., how (AH). As the previous verse prohibits certain relations when the woman has her courses on, this one states that keeping that prohibition in view, a man may go in to his wife when he likes and as he likes. The Qur’an contains directions for the physical as well as the moral and spiritual welfare of man, and it deals with the most delicate questions in language unapproached in its purity in any other law dealing with similar questions. Many of the phrases dealing with the delicate relations of the sexes were introduced by the Holy Qur’an itself, and its literature is therefore one which brings no shudder to the fair reader, unlike many of the descriptions contained in the Bible. The comparison of the woman to the tilth is simply to show that it is she who brings up the children and through whom is made the character of the man, and to show that the real object of conjugal relations is not simply the satisfaction of carnal desires.

 

The Prophet Muhammad (pbuh) said: "Three things are counted inadequacies in a man. Firstly, meeting someone he would like to get to know, and taking leave of him before learning his name and his family. Secondly, rebuffing the generosity that another shows to him. And thirdly, going to his wife and having intercourse with her before talking to her and gaining her intimacy, satisfying his need from her before she has satisfied her need from him." (Daylami)

 

Allah says: "And among His signs is that He created for you mates from among yourselves, that you may dwell in tranquility with them and He has put love and mercy between your hearts: verily in that are signs for those who reflect" (Qur’an 30:21)

 

Maulana Muhammad Ali says: The Qur’an explains itself when it refers to the ties of love and compassion, and to the quietness of mind which a married person finds in his mate. The verse gives us the Islamic ideal of marriage which serves the purpose not only of the increase of the human race but also that of the spiritual advancement of both the man and the woman by referring to the quietness of mind which they find in each other.

 

 

See: Turning Sex into Sadaqa by Ruqaiyyah Waris Maqsood

 

Wives have the right to be fully financially supported by their husbands

 

2:228

 

227-228 And if they resolve on a divorce, a Allah is surely Hearing, Knowing. And the divorced women should keep themselves in waiting for three courses. a And it is not lawful for them to conceal that which Allah has created in their wombs, if they believe in Allah and the Last Day. And their husbands have a better right to take them back in the meanwhile if they wish for reconciliation. b And women have rights similar to those against them in a just manner, c and men are a degree above them. D And Allah is Mighty, Wise.

 

228c. The rights of women against their husbands are here stated to be similar to those which the husbands have against their wives. The statement must, no doubt, have caused a stir in a society which never recognized any rights for the woman. The change in this respect was really a revolutionizing one, for the Arabs hitherto regarded women as mere chattels. Women were now given a position equal in all respects to that of men, for they were declared to have rights similar to those which were exercised against them. This declaration brought about a revolution not only in Arabia but in the whole world, for the equality of the rights of women with those of men was never previously recognized by any nation or any reformer. The woman could no longer be discarded at the will of her “lord”, but she could either claim equality as a wife or demand a divorce.

 

228d. The statement that men are a degree above them does not nullify the rights asserted in the previous passage. The words are added simply to show that superior authority to run the house must be given to either the husband or the wife, and it is given to the husband for reasons stated in 4:34.

 

“Men are the maintainers of women, with what Allah has made some of them to excel others and with what they spend out of their wealth…” (4:34)

 

Hammuda Abdul-Ati in his article ‘Islam in focus’ says: This degree is not a title of supremacy or an authorization of dominance over her. It is to correspond with the extra responsibilities of man and give him some compensation for his unlimited liabilities. The above mentioned verse is always interpreted in the light of another (4:34).

 

It is these extra responsibilities that give man a degree over woman in some economic aspects. It is not a higher degree in humanity or in character. Nor is it a dominance of one over the other or suppression of one by the other. It is a distribution of God's abundance according to the needs of the nature of which God is the Maker. And He knows best what is good for woman and what is good for man. God is absolutely true when He declares:   

 

O people, keep your duty to your Lord, Who created you from a single soul and created its mate of the same (kind), a and spread from these two many men and women. b And keep your duty to Allah, by Whom you demand one of another (your rights), and (to) the ties of relationship. c Surely Allah is ever a Watcher over you” (Qur’an 4:1).

 

Maulana Muhammad Ali says: The words occurring here — Who created you from a single being and created its mate of the same — only declare the unity of the human race and the equality of the male and the female.

 

Divorce: There is much misconception about divorce. The fact of the matter is:

 

Women have the right to divorce and remarry:

 

In brief, if mind is set on divorce from either the husband or wife, a divorce statement is written and pronounced in the presence of witnesses, (65:2), and a period for three months in which both the husband and wife stay together giving them time to reconsider (2:228). During this period of waiting they can effect reconciliation and the reconciliation must also take place in the presence of witnesses. After the three month period, if the man initiated the divorce he can either take the wife back, if he has her consent to remain in the marriage, or part.

 

See: Divorce in Islam for the full details

 

2:282

 

282 O you who believe, when you contract a debt for a fixed time, write it down. And let a scribe write it down between you with fairness; nor should the scribe refuse to write as Allah has taught him, so let him write. And let him who owes the debt dictate, and he should observe his duty to Allah, his Lord, and not diminish anything from it. But if he who owes the debt is unsound in understanding or weak, or (if) he is not able to dictate himself, let his guardian dictate with fairness. b And call to witness from among your men two witnesses; but if there are not two men, then one man and two women from among those whom you choose to be witnesses, so that if one of the two errs, the one may remind the other. And the witnesses must not refuse when they are summoned.

 

Reza Ghafoerkhan says: “First of all, in Islam men and women are completely equal, having the same rights. Only men are one degree above women (2:228), as maintainers (4:34), and of course physically. But spiritually, there is no difference (4:1); both created from one soul, with the same spiritual potentials..

 

About 2:282. The word used is wa-stashhidû, which means 'call to witness' or 'ask a person to be a witness'. It does not mean that that person actually bears witness. In this case only one person bears witness, which is clear from the words "if one of the two errs". This means that the word of a woman has the same weight as the word of a man.

 

So, at the time of testimony only two witnesses are required. If two men are not found, then one man and two women will suffice of which only one woman will bear witness – Two woman are called in the first place because if one of the women is incapacitated then the other must take her place; so the word of a woman has the same weight as the word of a man.

 

“The key difference between men and women is their physiology. Women give birth and men don’t, women must rest for a lengthy period after child birth while men don’t, women as mothers must suckle their children while men don't, women have menstrual cycles which incapacitate there movement somewhat while men don’t. These differences exist as a matter of physical fact and have nothing to do with intelligence or will.”

 

These things may make it difficult for them to concentrate of the matter they are witnessing or to attend to give evidence. This verse is making an allowance for such things. – So we can only blame nature for this, and not Islam.

 

“God being the knower and creator of all things knows that having one man and one women as a witness is not practical since on the day they are called the women may be incapacitated while the man may not, and since God calls on TWO witnesses, then the chances of having both present becomes much higher when TWO women and ONE man are selected so at the time of calling there are three people to choose from. Had God meant that the testimony of ONE man equals TWO women then He would have continued the verse and said: If TWO women and One man are not available then you shall select FOUR women.” [http://www.free-minds.org/2to1.htm]

 

The reason why in the first place two men are called up to be witnesses is, according to Maulana Muhammad Ali, that women do not take much part in business, so it is easier to find two men in stead of two woman. Another reason can be that men are more mobile then women, and it is possible that a woman is for some reason not able to go there.

 

There is even one instance where the testimony of a woman even invalidates that of a man.

 

Reza Ghafoerkhan says: “I like to return to the point that the testimony of a man and a woman have the same weight. When you read the Qur'an verses 24:6 and 24:8, you will see that in case of accusation of adultery (which is of course much more serious than some business transaction; marriage is at stake), the husband has to testify fives times and that the wife has to testify also fives times (and not ten times). [see: 24:6-11]..

 

Another reason can be that, although the testimony of a man and a woman are equal, one is tend to believe sooner the word of a man, rather than that of a woman. This has to do with the male attitude towards woman, which has made the position of woman weak in society. To be sure that the testimony of the woman is correct, a second woman should be present, so she will stand stronger against the one man. It does not however mean that a man cannot err. But he won't be blamed so much as a woman will be when she errs. So the rule is also a form of protection for women. As far as I can see this rule will apply only to business contracts. I think erring would refer to the terms and conditions of the business agreement. These can be sometimes complicated.

 

There are a number of other verses which prove the testimony of one woman to be equal to that of one man. Take for consideration 24:4 and 4:15.

 

Dr Zahid Aziz says: It is estimated that about two-thirds of the hadith reports relating to matters of the Shariah have been related by Aishah. When the compilers of Hadith collected the reports of the sayings and actions of the Holy Prophet, and checked the suitability of the narrators, they made no distinction between a narrator being a man or a woman. The evidence of a woman reporter, that she had heard a certain saying from a certain source, was treated on the same basis as that of a male reporter, by the collectors of Hadith.

 

There are instances in which women corrected the views of a man of the stature and position of Hazrat Umar. It is recorded in Bukhari that, on his death bed, Umar asserted that the Holy Prophet had said that the "weeping and wailing of the relatives of a deceased person increases the punishment of that person in the after-life". Aishah, on being informed of this, said that Umar was wrong, and that the Holy Prophet had not said this because it contradicts the teaching of the Quran that a person cannot be punished for what others do.

 

Once Umar, when he was Khalifa, announced that he would introduce a certain restriction to do with mahr (gift given to wife by husband at time of the wedding). An ordinary woman rose up from among the audience and read a verse of the Quran opposed to this idea. Umar immediately withdrew his proposal, and said: "The women of this city have more understanding than Umar."

 

See another interpretation: Testimony of women equal to men

 

Polygamy 4:3

 

It is, however, asserted that polygamy and the seclusion of women, as enjoined in the Holy Qur’an, have done more harm to woman than the benefit conferred on her by bestowal of property rights. The fact is that a great misunderstanding exists on these two points. Monogamy is the rule in Islam and polygamy only an exception allowed subject to certain conditions. The following two verses are the only authority for the sanction of polygamy, and let us see how far they carry us:

 

[The following verse was revealed after a defensive Battle waged on the Muslims – the Battle of Uhud in the 2nd year of the Hijrah – which had decimated the population of men greatly, leaving behind many widows with their orphan children, and thus this verse was revealed as a remedial measure in this connection to provide for both the widows and the orphans.]

 

“And if you fear that you cannot do justice to orphans, marry such women as seem good to you, two, or three, or four; but if you fear that you will not do justice, then marry only one or what your right hands possess. This is more proper that you may not do injustice” (4:3).

 

“And they ask thee a decision about women. Say: Allah makes known to you His decision concerning them; and that which is recited to you in the Book is concerning widowed women, whom you give not what is appointed for them, while you are not inclined to marry them” (4:127).

 

Now the first of these verses allows polygamy on the express condition that “you cannot do justice to orphans”, and what is meant is made clear by the second verse, which contains a clear reference to the first verse in the words, “that which is recited to you in the Book is concerning widowed women”.

 

The Arabs were guilty of a double injustice to widows: they did not give them and their children a share in the inheritance of their husbands, nor were they inclined to marry widows who had children, because the responsibility for the maintenance of the children would in that case devolve upon them. The Qur’an remedied both these evils; it gave a share of inheritance to the widow with a share also for the orphans, and it commended the taking of such widows in marriage, and allowed polygamy expressly for this purpose. It should, therefore, be clearly understood that monogamy is the rule in Islam and polygamy is allowed only as a remedial measure, and that, not for the sake of the man, but for the sake of the widow and her children. This permission was given at a time when the wars, which were forced on the Muslims, had decimated the men, so that many widows and orphans were left for whom it was necessary to provide. A provision was made in the form of polygamy so that the widow should find a home and protector and the orphans should have paternal care and affection. Europe today has its problem of the excess of women, and let it consider if it can solve that problem otherwise than by sanctioning a limited polygamy. Perhaps the only other way is prostitution, which prevails widely in all European countries and, where the law of the country does not recognize it, it is recognized in practice. Nature will have its course, and allowing illicit intercourse is the only other alternative to a limited polygamy.

 

[The Qur’an in 4:129 discourages polygamy on the grounds of equality, which is precisely why polygamy in Islam is seen as an exception and not the rule, subject to strict certain conditions.

 

“And you cannot do justice between wives, even though you wish (it), but be not disinclined (from one) with total disinclination, so that you leave her in suspense. And if you are reconciled and keep your duty, surely Allah is ever Forgiving, Merciful” (Qur’an 4:129).

 

Bashir Ahmad writes: The words, And you cannot keep perfect balance between wives, however much you may desire it, mean that it is not humanly possible for a man to keep perfect balance between his different wives in every respect. For instance, love being an affair of the heart over which man has no control, a husband cannot be expected to have equal love for all of his wives. But he can certainly deal by them with equity in matters of money, time, housing, etc., and this he must do. So acting equitably between the different wives, which has been laid down by Islam as an essential condition for polygamy, pertains only to such overt acts over which man has control. This is the interpretation which the Holy Prophet has put on this verse, both by his words and example. ‘Aisha reports that the Holy Prophet used to deal by his wives with equity in all matters over which man can have control, and having done this, he used to pray to God, saying: “My Lord, these are my dealings I matters which I have control; so blame me not for that which is not Thy power and not mine,” meaning feelings of the heart (Dawud, ch. al-Nikah). The Holy Prophet is also reported to have said: “If a man has two wives and he is inclined to one of them (neglecting the other), he will rise on the Day of Resurrection with one of his limbs severed – torn off (Dawud, ch. on al-Nikah). Thus both the example and the sayings of the Holy Prophet show that though a husband cannot love his wives equally, he should in his outward treatment i.e. allotment of time, money, etc be equally just and fair to all of them.”

 

It may be noted the Prophet Muhammad (pbuh) passed the prime of his life, from the age of 25-54 in a monogamous state – with one woman. It was in these normal circumstances of society in his youth that he remained with his only wife Khadijah until her last breath. It was in the latter part of his life, when the circumstances of society severely changed, during a time when the Muslims had to protect themselves against warring tribes, decimating the population of men – the breadwinners of the family – thus in turn leaving behind their widows and children, that the Prophet Muhammad (pbuh) contracted several marriages, not for his sensual pleasure, but the sake of the widows and orphan children. In the last few years of his life, from 60-63, he did not contract any more marriages, as society had turned back to a state of normalcy, showing that his intentions were never for his own sake, but indeed for the sake of women whom were without protectors. See: The Prophet’s Marriages in detail. ]

 

Inheritance 4:11

 

4:11 Allah enjoin you concerning your children: for the male is the equal of the portion of two females;

 

The reason the inheritance for women is less than a man’s is simply because any money a woman earns from her job or inheritance is hers alone. She has absolutely no obligation to contribute it to the family and the expenses, unless she wishes to do so, since she has been given the right to be fully financially supported by her husband - “Men are the maintainers of women” (4:34). Thus, a man must give all his money towards the up-keeping of the family which could include not only his wife and kids but also his parents in old age, siblings, etc. All financial burdens come down on him, and in turn, compensates fully, for the reduced inheritance.

 

Seclusion. [33:59, 24:31]

 

59 O Prophet, tell thy wives and thy daughters and the women of believers to let down upon them their over-garments. This is more proper, so that they may be known, and not be given trouble. And Allah is ever Forgiving, Merciful. a

 

59a. The injunction to wear an over-garment is here given with the object that free women may be distinguished from slaves, so that they may not be annoyed and followed by men inclined to evil, who would come to know by this mark of distinction that these were pure and chaste women who would not tolerate insult or ill-treatment.

 

As regards the seclusion of women, the Qur’an never prohibited women from going out of their houses for their needs. In the time of the Prophet, women went regularly to mosques, and said their prayers along with men, standing in a separate row. They also joined their husbands in the labour of the field; they even went with the army to the field of battle, and looked after the wounded, removing them from the field, if necessary, and helped fighting-men in many other ways. They could even fight the enemy in an emergency. No occupation was prohibited to them, and they could do any work they chose. The only restrictions on their liberty are contained in the following verses:

 

“Say to the believing men that they lower their gaze and restrain their sexual passions. That is purer for them. Surely Allah is Aware of what they do. And say to the believing women that they lower their gaze and restrain their sexual passions and do not display their adornment except what appears thereof. And let them wear their head-coverings over their bosoms” (24:30, 31).

 

Now the real restriction contained in these verses is that both men and women should, when they meet each other, cast down their looks, but there is an additional restriction in the case of women that they should not display their adornment with the exception of “what appears thereof ”. The exception has been explained as meaning “what is customary and natural to uncover”. That women went to mosques with their faces uncovered is recognized on all hands, and there is also a saying of the Holy Prophet that, when a woman reaches the age of puberty, she should cover her body except the face and the hands. The majority of the commentators are also of opinion that the exception relates to the face and the hands. Hence, while a display of beauty is forbidden, the restriction does not interfere with the necessary activities of woman. She can do any work that she likes to earn her livelihood, for the Holy Qur’an says plainly, as already quoted, that women shall have the benefit of what they earn. A limited seclusion and a limited polygamy do not, therefore, interfere with the necessary activities of woman; they are both meant for her protection and as preventives against loose sexual relations, which ultimately undermine society.

 

My note:

 

“And say to the believing woman they lower their gaze and restrain their sexual passions and do not display their adornment except what appears thereof. And let them wear their khumr (head-covering) over their bosoms…” (Qur’an 24:31)

 

In pre-Islamic times almost every woman wore a khimar (head-covering) as a sign of pride. The more wealthy women had longer ones and the less fortunate women had shorter ones. Even the Bedouin women wore khimars. The traditional way to wear a khimar was to put the edge of the fabric at the hair line and then drape the rest of the fabric behind the ears and down the back, thus partly exposing their breasts, which made them vulnerable to attacks from malicious men, and as seen from Arabia before the advent of Islam, helped to reduce their status to mere chattel and sex objects. Once Islam started to be taught and followed, the women still wore the khimars like they did before Islam, so the verse in Qur'an was revealed: "And let them wear their Khumr (sing. Khimar)  over their bosoms." (24:31) [source: beliefnet.com]

 

Imam Abu Abdullah Qurtubi describes the historical circumstances relating to the wearing of the khimar in pre-Islamic Arabia as follows, "Women in those days used to cover their heads with the khimar, throwing its ends upon their backs. This left the neck and the upper part of the chest bare, along with the ears, in the manner of the Christians. Then Allah commanded them to cover those parts with the khimar". [source: http://www.muhajabah.com/sunna-yes.htm#hijab]

 

Thus women in Islam who cover their head do so out of  purposes of modesty and fear and love of God. In Islam this is not a sign of denigration or subjugation to men or a sign of male authority, or whatever misconceived notions westerners have about women in Islam. Rather, it is a sign of chastity, modesty, and the fear and love of God, such that she will be dealt with the utmost respect, and not addressed with vulgarity of speech or obscene gestures as the Qur’an alludes to.

 

O Prophet, tell thy wives and thy daughters and the women of believers to let down upon them their over-garments. This is more proper, so that they may be known (as free respectable women), and not be given trouble. And Allah is ever Forgiving, Merciful (Qur’an 33:59).

 

4:15-17

 

15 And as for those of your women who are guilty of an indecency, call to witness against them four (witnesses) from among you; so if they bear witness, confine them to the houses until death takes them away or Allah opens a way for them. (a) 16 And as for the two of you who are guilty of it, give them both a slight punishment; then if they repent and amend, turn aside from them. (a) Surely Allah is ever Oft-returning (to mercy), the Merciful. 17 Repentance with Allah is only for those who do evil in ignorance, then turn (to Allah) soon, so these it is to whom Allah turns (mercifully). And Allah is ever Knowing, Wise.

 

15a. Al-fahishah signifies anything exceeding the bounds of rectitude ( gross , immodest, lewd, obscene) (Mgh, LL). See further 19c, where it is shown that fahishah includes hatred and desertion, refractoriness, etc. Though the word is used sometimes as meaning fornication, the context shows that here it is used to signify immoral conduct short of fornication, for the punishment of fornication is given in 24:2. The words of the verse that follows, referring to a similar immoral act with the indefinite nature of punishment, support this conclusion, for punishment in the case of an act short of fornication would vary with the nature of the crime. Thus women guilty of immoral conduct are curtailed of their liberty. If they mend their ways, or being unmarried they get married, a way is opened for them by Allah, and they regain their liberty; if they do not, the curtailment should be extended till they die. There is no proof for Palmer’s assertion that “women taken in adultery or fornication were, at the beginning of Islam, literally immured”.

 

16a. The crime spoken of in this verse is the same as that in the previous verse. The committers are two, and though the masculine gender is used, it does not imply that they are both necessarily males. Slight punishment is explained by Qatadah as meaning reproving with the tongue (AH). Islam requires the utmost modesty in sexual relations. The reference to repentance in connection with the mention of fahishah is further proof that fahishah does not here mean fornication, but some immorality short of that, for fornication is punishable criminally, and penitence on the part of those guilty of it cannot avert the punishment.

 

 

Sirraj Islam As-Saddiq explains: Verse 15 was revealed regarding the punishment of those women (married or unmarried) who commit an indecent act short of zina (fornication/adultery). In 4:15, if an immoral/indecent act was committed by a woman and she was found guilty of such an act (having four witnesses to testify against her), then her penalty was to be on "house arrest." For how long was she to be on "house arrest"? The answer is in the same verse... "until death overtakes them or Allah makes for them a way."

 

It is my understanding that "confinement inside of the house" did not mean that the woman could not take care of her duties and responsibilities, such as going to the school, the market, taking care of her legitimate personal needs and the needs of the family, and/or master (in the case of a believing slave-woman), etc. The confinement was to limit where she goes and for how long, so as not to allow her the opportunity to place herself in an environment or situation that would give place to another indecent or immoral act.

 

If a woman continued to behave in this rebellious indecent and immoral manner, then the "house arrest" would continue and perhaps become more strict as to where she could go and for how long. "Allah makes for them a way" by these women turning in sincere repentance to Allah and amending their ways so that their freedoms may be restored. Another "way" for the unmarried woman may be to get married, for Allah presents marriage right after the discussion of this topic.

 

As stated in 4:16, once they are sincere in their repentance and produce fruits in accordance with that repentance, the we are to also turn aside from them our vigilance; for "surely, Allah is ever oft-Returning, most Rewarding." And if they are married women, then husbands are enjoined by Allah to "not seek a way against them. Verily Allah is ever most High, Great." (4:34)

 

As stated in 4:16, if there is an indecent/immoral act (short of zina) committed by TWO (or more) persons, male or female, then they are both to be punished. For the women, as prescribed in the previous verse and for the men, I would say monetary fines, temporary confinement, probation and the like. It would be difficult to completely confine a man to his home and not allow him to fulfill his responsibilities to maintain his wife and children, or take care of his elderly parents, etc. These, among other responsibilities, fall on the shoulders of the man. Not only is the man to take care of his parents when they are of old age, but he must also care for the parents of his wife. So to limit a man in such a way would cause more problems than it would solve. So, once again, I would say that monetary penalties, temporary confinement, etc., should be imposed. Once again, as stated in 4:16, once they turn from their ways and amend, then we are to turn aside from them our vigilance because “Allah is ever oft-Returning, most Rewarding.”

 

38:44

 

41 And remember Our servant Job. When he cried to his Lord: The devil has afflicted me with toil and torment. (a) 42 Urge with thy foot; here is a cool washing-place and a drink. (a) 43 And We gave him his people and the like of them with them, (a) a mercy from Us, and a reminder for men of understanding. 44 And take in thy hand few worldly goods and earn goodness therewith and incline not to falsehood. (a) Surely We found him patient; most excellent the servant! Surely he (ever) turned (to Us).

 

44a. I make a departure here from the ordinary rendering of these words which are translated thus: “Take in thy hand a branch and smite therewith and break not the oath”. To explain these words, a story is added that Job had taken an oath to give a hundred stripes to his wife on account of her impatience in his affliction, but that he was commanded to keep the oath by striking her with a bundle of twigs. This story has no basis. Even if we adopt this significance, the meaning would be that Job was commanded to be lenient in his dealing with his enemies when he ultimately vanquished them, like a man who instead of using the sword used a bundle of twigs to punish his enemies. But the word dighth means a handful of twigs or shrubs as also a handful of worldly goods, and the words akhidh al-dighth, occurring in a hadith, are explained by T as meaning he who obtains somewhat of worldly goods (LL). About the word darb, it has already been noted that it carries a number of significances; see 2:60a. There are reasons to think that Job was a rich man, and hence I think he is here told not to be inclined too much to the attainment of worldly riches. They are only needed to the extent of enabling a man to earn goodness thereby.

 

2:60a Darb means striking, smiting, marching on, going from place to place, setting forth a parable, and carries a number of other significances. In fact, darb is used to indicate all kinds of actions except a few (T).

 

No wife-beating in Islam 4:34-35

 

34 Men are the maintainers of women, with what Allah has made some of them to excel others and with what they spend out of their wealth. So the good women are obedient (to Allah), guarding the unseen as Allah has guarded. And (as to) those on whose part you fear ill-conduct (nushuz), admonish them, and leave them alone in the beds and chastise them. So if they obey you, seek not a way against them. Surely Allah is ever Exalted, Great. 35 And if you fear a breach between the two, appoint an arbiter from his people and an arbiter from her people. If they both desire agreement, Allah will effect harmony between them. Surely Allah is ever Knowing, Aware.

 

My note: One must bear in mind that the Arabic word translated here as “chastise” and wrongly in other translations as “beat” comes from the root word “darb” for which there is a wide significance as mentioned above. Darb means striking, smiting, marching on, going from place to place, setting forth a parable, and carries a number of other significances. In fact, darb is used to indicate all kinds of actions except a few (T).

 

Thus this word in 4:34 may just mean take action, leaving it unspecified. A list of all occurrences of the root "darb" in the Qur’an was made and was found that it hardly ever means hit someone physically. And in other places where this word is used, it wasn’t even translated as hit.

 

In any case, no Muslim scholar traditionally has ever justified this verse to leave any type of marks on their wives, and to do so would be completely against Islam. The general view amongst Muslims today is that the he word "IDRUBUHUNAH" used in 4:34 cannot simply be translated as "beat" if taken to mean leaving any type of bruises, etc. Each word has completely different connotations.  In the verse, in Arabic it means to "tap lightly as a symbolic gesture", but the word "beat" in English means "to strike strongly as a punitive measure.” Before this last step can be resorted to, the circumstances would have to be such, that the husband is completely innocent of any wrong doing, while the wife has lowered herself to gross levels of indecency, immorality, etc at the expense of the household. And at first, she is only to be admonished, thus giving them time to talk things through. Next, if this problem persists, the husband is advised to cease conjugal relations, the maximum of no more than four months. And if the evil still persists in these extreme cases the last step may be resorted to, but as said, once he leaves any impression on his wife, then he is in the wrong. It may be noted the Prophet Muhammad (pbuh) never beat any of his wives, but accorded them the best treatment, as commanded to from the Qur’an which lays the greatest possible stress on kindly and good treatment towards the wife "Keep them in good fellowship" and "treat them kindly" is the oft-recurring advice (2:229, 231; 4:19, etc.)

 

O you who believe! You are forbidden to inherit women against their will. Nor should you treat them with harshness, that you may take away part of the dowry you have given them - except when they have become guilty of open lewdness. On the contrary live with them on a footing of kindness and equity. If you take a dislike to them, it may be that you dislike something and Allah will bring about through it a great deal of good. (Qur’an 4:19)

 

The Prophet laid equally great stress on the good treatment of his family and wives.

 

Anas b. Malik reported: I have never seen anyone more kind to one's family than Allah's Messenger (Sahih Muslim).

 

"The most excellent of you," he is reported to have said, "is he who is best in his treatment of his wife," And: "The best of you are they who behave best to their wives." And: "The most perfect in faith amongst believers is he who is best in manner and kindest to his wife." And: "A Muslim must not hate his wife, and if he be displeased with one bad quality in her, let him be pleased with one that is good." And: "The more civil and kind a Muslim is to his wife, the more perfect in faith he is."

 

See: The Traditional View

 

The following is another interpretation by Mohammed Abdul Malek, one which I agree with.

 

Taken from: http://www.crescentlife.com/thisthat/does_the_quran_sanction_the_beating_of_women.htm

 

Even in the best of marriages there are bound to be occasional discord or ill-will between the married couples. This can sometimes result in the wife being beaten up by the husband, but the justification for this is due to the misinterpretation of verse (4:34), which apparently seems to allow this. Let me quote the verse and then explain why this traditional translation is wrong.

 

Surah al Nisa 4:34 

As for those women on whose part ye fear rebellion (nushuz), admonish them and banish them to beds apart, (and last) beat (adriboo) them. Then, if they obey you, seek not a way against them.

 

The key to the problem is the mistranslation of the two key words 'nushuz' and 'adriboo'. Some of the possible meanings for both the words, according to the lexicon are given below. Again, the appropriate meaning will depend on the context of the verse.

 

Nushuz: Animosity, hostility, rebellion, ill-treatment, discord, violation of marital duties on the part of either husband or wife.

 

Adriboo (root Daraba): to beat, to strike, to hit, to separate, to part etc.

 

In the context of the above verse the most appropriate meaning for nushuz is 'marital discord' (ill-will, animosity etc), and that for 'adriboo' is 'to separate' or 'to part'. Otherwise it is inviting the likelihood of a divorce without any reconciliation procedure and this will contravene the Qur'anic guidance as shown in verse 4:35 below. The separation could be temporary or permanent depending on the reconciliation procedure, and this fits in very well with the divorce procedure outlined in the Qur'an (see 8.5). Therefore the more accurate translation of the above verse would be:

 

Surah al Nisa 4:34  As for those women whose animosity or ill-will you have reason to fear, then leave them alone in bed, and then separate; and if thereupon they pay you heed, do not seek a way against them.

 

The verse following the above verse gives further weight to the above translation.

 

Surah al Nisa 4:35 And if ye fear a breach between them twain (the man and the wife), appoint an arbiter from his folk and an arbiter from her folk. If they desire amendment Allah will make them of one mind. Lo! Allah is ever knower, Aware.

 

An added weight to the meanings outlined above is given by verse (4:128) quoted below, where in the case of a man the same word nushuz is used, but it is translated as 'ill-treatment' as against 'rebellion' in the case of a woman in verse 4:34. Also as the ill-treatment is from the husband, a process of reconciliation is encouraged!

 

Surah al Nisa 4:128

 

If a wife fears ill-treatment (nushuz) or desertion on her husband's part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best.

 

This obviously is a double standard and the only way to reconcile the meanings of the two verses, in the contexts they are being used, is to accept the meaning of adriboo as: 'to separate' or to 'part'. In this connection I would like to refer the reader to an excellent article from which I quote:

 

Qur'anic commentators and translators experience problems with the term Adribu in the Qur'an not just in this verse but in others, as it is used in different contexts in ways which appear ambiguous and open to widely different translations into English. 'Daraba' can be translated in more than a hundred different ways.

 

The translation of Adribu as 'to strike' in this particular verse (4:34) is founded upon nothing more than:

(i) The authority of hadiths (Abu Daud 2141 and Mishkat Al-Masabih 0276) that this is what Adribu means in this context.

 

(ii) The prejudices and environment of the early commentators of the Qur'an which led them to assume that 'to strike', given the overall context of the verse, is the most likely interpretation of the many possible interpretations of Adribu.

 

Hadith about women (sayings of the Prophet) put in context

 

Dr. Zahid Aziz says:

 

First as a general point, the following factors may have affected the narrations that you have mentioned:

1. They may have been inaccurately reported.


2. They may have had some slant added to them by one of the narrators according to his own views or the general views in society at the time.


3. Their meaning has been generalized, by which I mean that the Holy Prophet Muhammad may well have been addressing some particular group and speaking about their condition and not all women in general.

To determine the teachings of Islam on any point, the Holy Quran should be taken as the most authoritative source, followed by the actual, practical example of the Holy Prophet (which holds a higher position than his reported words).

 

1.

 

"A woman is like a rib, if you attempt to straighten it, you will break it; and if you benefit from her, you will do so while crookedness remains in her" (Bukhari).

Dr. Zahid Aziz says: "Crookedness" here means curved (not crookedness as in criminality). This hadith refers to the different qualities and temperament of women than of men. Also there are certain aspirations and goals in life which women find satisfying that are different from those of men. These last words are not mine, but I heard them on BBC radio yesterday from a researcher at a British University who says that women's unhappiness is growing because they are being pressured by society into taking on male roles. This hadith says the same thing. If you force women to behave like men, you will break them. Society will benefit from women if their female qualities (e.g. maternal instincts and love, gentleness, being caring, female intuition, etc.) are not suppressed but allowed to develop.

 

2.

 

“Less intelligent” than men

 

"O women! I have not seen anyone more deficient in intelligence and religion than you” (Bukhari).

 

Before the advent of Islam women were not educated and so the statement was most correct. If it was the norm of Islam,  A’ishah, the wife of the Prophet, could not have been said to be the most knowledgeable in Islam by the male companions.

 

Dr. Zahid Aziz says:

 

As to "less intelligent", since literacy among women was very much lower than men at that time (and it still is in many countries), they would appear to be less intelligent. So the Holy Prophet would only be referring to a fact applicable to the people he was addressing. It doesn't mean that it is a "teaching" of Islam or that it is an unchangeable, permanent and universal state of affairs.

In the time of the second caliph Umar, when a woman publicly corrected him on a point of law, he admitted his error and said: "The women of this city are more intelligent than I am."

 

It is accepted by all (Sunni) Muslims that Umar could not possibly contradict the Holy Prophet (or the Holy Quran). The fact that Umar accepted correction from a woman and said women of this city are more intelligent than I am, is a very clear indication that the Holy Prophet could never have regarded women as of inferior intelligence.

 

3.

 

More women in hell than men

 

Dr. Zahid Aziz says:

 

But the same report also says that the majority in hell are rich people and the majority in heaven are poor people. Interestingly, in almost every society from that time till the present day, any group of rich individuals is very predominantly male!

 

When we find any report which, if taken in a general sense, conflicts with the Holy Qur’an, then we try to find an explanation of what that report might really mean. To say that the majority of those in hell will be women has no support whatsoever in the Quran. That is how we know that the Holy Prophet cannot mean this as a general principle.

 

4. 

 

Some narrators attributed this to the Prophet: "Bad omen is in the women, the horse, and the home"(Bukhari).

 

However, this is the context of the hadith:

 

Abu-Hassan reports that two people came to A’ishah and said that the Prophet used to say that bad luck is to be found only in women, horses and houses. At this A’ishah replied: By the God who revealed the Qur’an to the Prophet! The Prophet never said this; what he did say was that the People of the Jahilliyyah (Days of Ignorance – before Islam) hold this opinion. [Imam Ahmad Ibn Hanbal’s Musnad]

 

Thus it is clear, the Prophet narrated the views in contempt of those that held this before Islam.

 

5.

 

Some hadith speak about “wives to please husbands.”

 

However, we must look to the Qur’an: Dr Zahid Aziz says: As to the question in general of the thoughts and feelings of women, the Holy Quran clearly says that a husband and wife are an "apparel" each one for the other. Their relationship on the basis of the clear teachings of the Quran is of mutual reciprocity.

 

“They (your wives) are your garment and you are a garment for them” (Qur’an 2:187)

 

Maulana Muhammad Ali writes: The mutual relations of husband and wife are here described in words which could not be surpassed in beauty. They serve as a garment for each other, i.e. they are a means of protection, comfort and even embellishment for each other, and the weakness of one is made up by the strength of the other.

 

6.

 

Prayers annulled by dogs, donkeys, or woman passing in front of prayer?

 

When Ibn Marzuq stated one’s prayers were annulled with women, dogs, or donkeys passing in front, A’ishah, the wife of the Prophet retorted with: “Now you compare us to donkeys and dogs! In the name of Allah, I saw the Prophet (peace and blessings of Allah be upon him) saying his prayers while I was there, lying on the bed between him and the qibla [direction for prayer], and in order not to disturb him, I did not move!” (Bukhari).

 

Now, clearly A’ishah refuted the false claim that prayers were annulled in what was being ascribed since the Prophet Muhammad (peace and blessings of Allah be upon him) used to pray with his wife laying down in front of him!

 

Or again: Bukhari Narrated A’isha The Prophet used to pray while I was sleeping across in his bed in front of him. Whenever he wanted to pray Witr, he would wake me up and I would pray Witr.  (Book 1 Number 491)

 

Narrated 'Aisha: It is not good that you people have made us (women) equal to dogs and donkeys. No doubt I saw Allah's Apostle praying while I used to lie between him and the Qibla and when he wanted to prostrate, he pushed my legs and I withdrew them. (Bukhari Volume 1, Book 9).

 

7.

 

"Do not prevent the female servants of Allah from going into the houses of Allah." (Bukhari)

It’s alleged this hadith says otherwise:

 

Aishah said "Had the Prophet lived long enough to see what women have innovated today, he would have prevented them from attending prayer in mosques, as were the women of the Israelites prevented from going into the houses of Allah." (Muslim)

 

Dr. Zahid Aziz says:

 

It is clear from this that she never meant that if the Holy Prophet had lived longer he would have prohibited women from going to mosques! She was referring to the fact that some women had started using their visits to mosques as a means of displaying their beauty in public. Had the Holy Prophet seen them do so he would have prevented them from going in that manner and with that aim. It would not be a new teaching introduced by the Holy Prophet (had he lived longer) because such a manner of going to mosques was not allowed in the first place.

The other point of interest is that where this report occurs in Muslim, there also occur the other hadith that the Holy Prophet said: Do not prevent women from going to mosques, and it is added in those reports that when some Muslims heard this hadith they said: We will still prevent our women from going to mosques!

So the hadith records that despite being told that the Holy Prophet said, ‘don't stop women from going to mosques’, some Muslims said, we will still stop them. Why is this significant? Because it shows that many Muslims of the time did not like the rights that Islam gave to women. Unfortunately their views have got mixed up with the actual teachings of Islam, and this explains the reports where women are portrayed as inferior to men.

 

[For example: it is alleged: “Muhammad also said that if he were to order Muslims to prostate themselves to someone other than Allah, he would order women to prostate to their husbands.”] The fact that Islam so strongly condemns the worship of anyone other than God makes one suspect that this report is not genuine.

 

O mankind, surely We have created you from a male and a female, and made you tribes and families that you may know each other. Surely the noblest of you with Allah is the most dutiful of you. Surely Allah is Knowing, Aware. (a) (Qur’an 49:13).

 

Maulana Muhammad Ali says: The principle of the brotherhood of man laid down here is on the broadest basis. The address here is not to believers, as in the two previous verses, but to men in general, who are told that they are all, as it were, members of one family, and their divisions into nations, tribes and families should not lead to estrangement from, but to a better knowledge of, each other. Superiority of one over another in this vast brotherhood does not depend on nationality, wealth, or rank, but on the careful observance of duty, or moral greatness.

 

Prophet Muhammad (pbuh) said: "An Arab is not superior over a non-Arab nor is a non-Arab superior over an Arab; also a White is not superior over a Black nor is a Black superior over a White; except by piety and good action." (Last Farewell Sermon).

 

See:

 

Women in Islam – exalted status of women in Islam

 

Position of Women by Dr. Zahid Aziz

 

WOMEN IN ISLAM VERSUS WOMEN IN THE  JUDAEO-CHRISTIAN TRADITION: THE MYTH & THE REALITY By Dr. Sherif Abdel Azeem