lundi 30 novembre 2015

Islamic Principle Of Benefits In Accordance With The Scale Of Responsibility

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1- In Inheritance

In Islam, a daughter receives half the share of inheritance compared with the son in accordance with the following Qur'anic injunction:

"Allah commands you as regards your children's (inheritance): to the male, a portion equal to that of two females;" (Qur’an 4:11)

If the daughter has no brothers and only women are the heirs, then this principle does not apply. The ruling of giving a woman half the share of a man seems unjust at first glance, but in fact it is more generous to women. It is based on the Shari 'ah (Islamic Laws) principle of "Benefits in accordance with the scale of responsibility."

To illustrate, a brother will inherit twice the sum his sister inherits. What she inherits is hers to keep and she need not spend it on anyone, even her husband though he may be poor. The brother is, however, responsible for maintaining his family, which includes his unmarried sister, surviving parent, wife and children. At the time of his marriage, he will have to pay bridal money to his wife as well as provide for her throughout their married life. The sister will in contrast receive bridal money and will be maintained by her husband. Any income she has and her share of inheritance is hers exclusively, with which her family cannot interfere.

It seems that this same wisdom is behind the 'Aqiqah ceremony when the two sheep are sacrificed at the birth of a male child, and one sheep at the birth of a female child. This principle of benefits according to responsibility has wide applications in Islam.

For example, after a battle the Prophet would distribute the captured booty on the same principle by giving two shares to the cavalry and one share to the infantry. (Musnad Ibn Abu Shaibah)

2- Blood Money

According to the principle of 'Benefits according to responsibility', the blood money of a woman is half that of a man. It is important to remember that blood money is not the price for the soul of a murdered person, as there can be no such price. It is instead a small compensation for the financial sufferings of the deceased's family. Men are usually the breadwinners and maintainers of their families, so the financial sufferings are greater if the man is killed, but if the murder victim was a woman who was the sole breadwinner for her family, then the Qadi (judge) has the authority to increase her blood money.

A precedent for such an increase is found in the Qur'aan where it allows the Qadi to double the blood money of a person murdered within the precincts of the Sacred Cities, Makkah and Al-Madinah. The wisdom behind is that just as virtuous actions are rewarded more if practiced within Al-Haram (the sanctuary), so the punishment for crimes or sins within Al-Haram is also increased.
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dimanche 29 novembre 2015

The Evidence Of Women In Islam

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The Qur’an clearly states that the evidence of two women is equivalent to that of one man, giving the reason that if one forgets, the other may remind her:

"And get two witnesses out of your own men. And if there are not two men (available), then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs, the other can remind her." (Qur’an 2:282)

Giving evidence in court can be a daunting experience, especially as the judicial system will consist mainly of men, so the women can give each other moral support as well as reminders. It is a serious and burdensome responsibility, which has been lightened for women.

There are four situations in which evidence is required:

1- Crimes related to penal ordinances and retaliation. If men and women are both available, the men will be called to give witness and the women will not be summoned.

2- In economic affairs related to wealth and property, which are usually the domains of men, the evidence of two men is accepted. If two men are not available, then one man and two women will be accepted.

3- In affairs concerning women only such as pregnancy, birth, sexual defects, the evidence of one woman alone is accepted.

4- In criminal cases where only women are the witnesses, the four Imams (religious leaders) are unanimous in not accepting the evidence of women. They reason that in cases such as murder and rape, the women will be emotional and may get confused. Such evidence becomes suspicious, and a principle of Shar'iah (Islamic law) is that any suspicion about the evidence makes the evidence null and void. In this context the Zahiri school of thought is more credible.

It states that if women alone are the witness in a criminal case, their evidence will be accepted according to the principle of two women's evidence being equivalent to that of one man. So in cases of adultery, the evidence of four men or eight women will be accepted. They argue that to reject women's evidence entirely in such cases will allow much crime to go unpunished.

It is an established scientific fact that women cannot explain the intimate details of events with the accuracy which men are capable of. This fact has been confirmed by much research, such as Dr. Harding's. in his book 'The Way of All Women.' According to one Hadith, the Prophet described women as being incomplete in reason and religious practice because they are exempted from the five daily prayers and fasting during their monthly menstruation. Their incompleteness in reason is taken into account in the field of legal evidence. Giving evidence in court is a serious responsibility from which a woman is relieved, just as she is relieved from attending the Mosque for the five daily prayers and the Friday prayer.
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vendredi 27 novembre 2015

When Muslim Men And Women Are Treated Alike Or Women Are Treated Favorably

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1- Education

Prophet Muhammed (Peace Be Upon Him) once said: "Acquiring knowledge is compulsory for every Muslim. " (At-Tabarani)

This narration applies equally to men and women. "Knowledge" in this context refers primarily to knowledge of the Qur’aan and the Sunnah as no Muslim should be ignorant of his or her Faith, but it also covers other areas of general education, which can contribute to the welfare of civilization. It is precisely the ignorance about their religion among Muslims that has led to men oppressing women because they believe it is permitted, women not demanding their God-given rights because they are ignorant of them, and children growing up to perpetuate their parents' follies. Throughout Islamic history, men and women both earned respect as scholars and teachers of the Faith. The books of Rijal (Reporters of Hadith) contain the names of many prominent women, beginning with 'Aishah and Hafsah.

2- Worship

It has already been discussed in detail that both men and women are the slaves of Allah and have a duty to worship and obey Him. Men and women have to pray, fast, give charity, go on pilgrimage, refrain from adultery, avoid the prohibited, enjoin the good and forbid the evil, and so on. Because of women's roles as mothers, a role which does not end at a specific time but is a round-the-clock career, they have been exempted from attending the Mosque for the five daily prayers or for Jumu 'ah (Friday) prayer. Nevertheless, if they wish to attend the Mosque, no one has the right to stop them.

3- Charitable Acts

Men and women are both encouraged to give charity, and there is nothing to stop a woman giving charity from her husband's income.

'Aishah reported that the Messenger of Allah said:

"A woman will receive reward (from Allah) even when she gives charity from her husband's earnings. The husband and the treasurer (who keeps the money on the husband's behalf) will also be rewarded, without the reward of any of them decreasing."

Asmā' once said to the Prophet (PBUH) : "O Messenger of Allah, I have nothing except what Zubair (her husband) brings home." The Prophet told her: "O Asmā, give in charity. Don't lock it lest your subsistence is locked."

4- The Right to own Wealth and Property

A muslim woman has the right to keep her property or wealth, whether earned or inherited, and spend it as she may please. This right was granted to Western women only very recently, and the women of India had to wait until 1956 for a right which Muslim women have always taken for granted. Concerning the right to one's earnings, the Qur’an says:

"And wish not for the things in which Allah has made some of you excel the others. For men there is reward for what they have earned, (and likewise) for women there is reward for what they have earned, and ask Allah of His Bounty. Surely, Allah is Ever All-Knower of everything." (Qur’an 4:32)

5- Freedom to express One's Opinion

Few societies exist in which the ordinary citizen can confront the ruler face to face and challenge his policies. Even fewer societies allow women to be so bold, yet the Islamic ideal has always been open and accessible. This freedom of expression is aptly demonstrated by a famous incident involving 'Umar the second Rightly- Guided Caliph.

'Umar was once standing on the pulpit, severely reprimanding the people and ordering them not to set excessive amounts of dower at the time of marriage. A woman got up and shouted, "Umar! You have no right to intervene in a matter which Allah the All-Mighty has already decreed in the Qur’an:

"But if you intend to replace a wife by another and you have given one of them a Qintar (of gold, i.e., a great amount as Mahr bridal money), take not the least bit of it back; would you take it wrongfully without a right and (with) a manifest sin?" (Qur’an 4:20)

After being reminded of this Verse, 'Umar withdrew his order, saying, "I am in the wrong and she is correct."

6- Participation in Jihād

The battlefield is a place, which frightens many men let alone women. Due to the aggressive and violent nature of war, only men have a duty to participate in Jihad (holy fighting in Allah's Cause) while women are exempted. A woman once asked the Prophet to allow women to go on Jihād with men because of its excellence and the unlimited reward promised to Mujāhidin (Muslim fighters) in the Hereafter.

The Prophet (PBUH) replied:

"For them is a Jihād without fighting," which referred to the Hajj and 'Umrah.

Nevertheless the Prophet did permit women to nurse the injured and supply provisions to the Mujāhidin at some battles. A woman from the tribe of Ghifār came with a large group of women to the Prophet when he was preparing to leave for the conquest of Khaibar. She said:

"O Allah's Messenger, we wish to accompany you on this journey so that we may nurse the injured and help the Muslims." The Prophet responded, "Come may Allah shower His blessings upon you."

Umm 'Atiyyah an Ansāri woman, once said:

"I have participated in seven battles with the Prophet. I used to guard the camels of the Mujahidin in their absence, cook the food, treat the injured and care for the sick."

Mu'ādh bin Jabal reports that his cousin Asmā' bint Yazid killed nine Roman soldiers with a tent-pole during the battle of Yarmuk.

7- Freedom to choose Her Husband

The guardian of the girl, whether her father, brother or uncle, plays an important role in her marriage, such as finding a suitable match for her. But under no circumstance does this allow him to force his choice on her against her wishes. She is free to accept or reject his choice, or make her own choice. A woman named Khansā bint Khidām once came to the Prophet and complained: "My father has forced me to marry my cousin in order to raise his own status (in the eyes of the people)." The Prophet told her that she was free to dissolve this marriage and choose whomever she wished to marry. She replied, "I accept my father's choice, but my aim was to let the women know that fathers have no right to interfere in the marriage." (Ahmad, An-Nasa 'i and Ibn Mājah)

8- A Woman's Guarantee in War is acceptable

If a woman gives surety to a war-captive or gives him shelter, her guarantee will be accepted. Umm Hāni a cousin of the Prophet (PBUH), said to him after the conquest of Makkah: "I have given shelter to two of my in-laws." The Prophet said: "O Umm Hāni, we have given shelter to whom you have given shelter."

According to another narrative, Umm Hāni gave shelter to a man but her cousin 'Ali tried to kill the man. She complained to the Prophet who endorsed her act of giving shelter to the man.

9- The Right to custody of Children

Divorce is especially painful and difficult when the couple have had children, and awarding custody to either party involves difficulties. According to Western law, both father and mother have to prove to the Court that they are more capable of looking after the children, and this often involves maligning the other party in order to strengthen their own claims to custody. Islamic law has its own clear decision on this issue. Custody of young boys and girls goes to the mother.

The son stays with his mother until he is about seven or nine years of age, after which he is looked after by the father. The daughter remains with her mother until she gets married. The exception is when the mother herself re-marries, in which case custody may be awarded to someone else such as the girl's grandmother or aunt. This is based on the Prophet's words to the divorcee:

"Your right to custody of the child is greater as long as you do not remarry."

10- Participation in extending cooperation for the promotion of good and elimination of evil

The Qur’aan deals with this subject in clear terms: "The believers, men and women, are Auliyā ' (helpers, supporters, friends, protectors) of one another; they enjoin (on the people) Al-Ma'ruf (i.e. Islamic Monotheism and all that Islam orders one to do), and forbid (people) from Al-Munkar (i.e.. polytheism and disbelief of all kinds, and all that Islam has forbidden); they perform As-Salāt (Iqįmat-as-Salįt), and give the Zakāt, and obey Allah and His Messenger. Allah will have His Mercy on them. Surely, Allah is All-Mighty, All-Wise." (Qur’an 9:71)
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jeudi 26 novembre 2015

The Roles Of Muslim Men And Women

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While men are the physically stronger sex, the woman's biological make-up has made her excel as the homemaker. She alone can be impregnated, carry and deliver the child, and then suckle the baby. Her gentle, caring and self-sacrificing temperament is best suited to bringing up children and looking after the home. To say that she should also earn a living is an unacceptable injustice and implies that everything she does for her home and children is worthless and needs to be supplemented by an outside cover. A woman already has to play in society a great and noble role as mother of a new generation, a role for which no man can claim the honors. It is because of her supreme role as mother that she is entitled to three times the devotion given to the father from the children.

The roles of men and women in the Qur’an are dealt as:

"Men are the protectors and maintainers of women, because Allah has made the one of them to excel the other, and because they spend from their means. Therefore, the righteous women are devoutly obedient, and guard in the husband's absence what Allah orders them to guard." (Qur'an 4:34)

This Divine injunction describes the man as Qawwam (maintainer) and the woman as Qanitah (obedient) and Hafizatun lil-Ghaib (preserver of the secret). The Verse gives two reasons as to why men are described as maintainers. Firstly, because "Allah has made the one of them to excel the other," which means that He has excelled men to be physically stronger and more inclined to have a career outside the home. The history of mankind has always shown that men, from the most primitive to the most technologically minded, have assumed the role of providing food, maintaining law and order in the community, waging war against enemies, and going on expeditions in search of new lands, adventure, food and even hidden treasure. The women have primarily stayed at home to provide a stable environment for the children.

The second reason is that "they spend from their means." It is the man's duty to provide financially for his family, and it is also the man who is required to give a dower to his wife at the time of their marriage. In the castle of his home, the husband is the ruler and the wife is his pillar of support. As in any establishment, there can only be one ruler; a car with two drivers, a country with two kings or an army with two generals would all be in utter chaos and disarray. The husband has thus been put in charge of his home, but this is a responsibility and not a privilege.

Both Sexes have Rights over each other:

The different roles of the sexes means that never is one sex burdened with all the duties while the other enjoys all the privileges. Instead they both have individual duties and privileges. The Qur’aan says in this regard:

"And they (women) have rights similar over them to what is reasonable, but men have a degree over them. And Allah is All-Mighty, All-Wise." (Qur’an 2:228)
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The Purpose Behind The Creation of Men and Women

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The Muslim accepts that the main purpose behind the creation of jinn and mankind was that they should worship Allah, struggle against the forces of Satan and live their life according to Allah's Commandments in order to achieve eternal bliss in Paradise.

"And I (Allah) created not the jinn and men except they should worship Me (Alone)." (Qur’an 51:56)

Also Allah (God) said: 

"Nay! But worship Allah, and be among the grateful." (Qur’an 39:66)

At another place He said:

"Say (O Muhammad): 'Verily, I am commanded to worship Allah by obeying Him and doing religious deeds sincerely for His sake only." (Qur’an 39: 11)

Equality of Men and Women as regards Religious Obligations and Retribution :

In this spiritual regard, Islam makes no distinction between men and women. Both have a soul, both were created for the same purpose in life, both have a duty to fulfill their religious obligations, both will be judged by the All-Mighty, and both will be rewarded or punished according to their individual actions. Whenever the Qur’aan mentions those fortunate beings who will enter the Gardens of Bliss because of their piety and good deeds, it mentions men and women together.

"And whoever does righteous good deeds, male or female, and is a (true) believer (Muslim)], such will enter Paradise and not the least injustice, even to the size of a Naqira (speck on the back of a date stone), will be done to them." (Qur’an 4:124)

"Whoever works righteousness whether male female while he (or she) is a true believer (of Islamic Monotheism) verily, to him We will give a good life (in this world with respect, contentment and lawful provision), and We shall pay them certainly a reward in proportion to the best of what they used to do (i.e., Paradise in the Hereafter)." (Qur’an 16: 97)

"The believers, men and women, are Auliyā ' (helpers, supporters, friends, protectors) of one another; they enjoin (on the people) Al-Ma'rüf (i.e., Islamic Monotheism and all that Islam orders one to do), and forbid (people) from Al-Munkar (i.e., polytheism and disbelief of all kinds, and all that Islam has forbidden); they offer their prayers perfectly (Iqįmat-as-Salat), and give the Zakat, and obey Allah and His Messenger. Allah will have His Mercy on them. Surely, Allah is All-Mighty, All-Wise." (Qur’an 9: 71)

"Verily, the Muslims (those who submit to Allah in Islam) men and women, the believers men and women (who believe in Islamic Monotheism), the men and the women who are obedient (to Allah), the men and women who are truthful (in their speech and deeds), the men and the women who are patient (in performing all the duties which Allah has ordered and in abstaining from all that Allah has forbidden), the men and the women who are humble (before their Lord Allah), the men and the women who give Sadaqāt (i.e., Zakat and alms), the men and the women who observe Saum (fast) (the obligatory fasting during the month of Ramadān, and the optional Nawafil fasting), the men and the women who guard their chastity (from illegal sexual acts) and the men and the women who remember Allah much with their hearts and tongues (while sitting, standing, lying, etc.); Allah has prepared for them forgiveness and a great reward (i.e., Paradise)." (Qur’an 33:35)

There can thus be no doubt that in the Hereafter, men and women will both be judged, each individual bearing the burden of its own acts, each soul will be punished for its transgressions and each will be rewarded for its obedience to Allah.

Biologically Men and Women are two different sexes but complementary to each other:

One may well ask that if there is such a complete and comprehensive spiritual equality between the two sexes, why is this identical treatment not found in other rights, duties and privileges. Muslims and especially non-Muslims question why men go out to work while women are encouraged to stay at home, why women have to wear the Hijāb (veil), why a brother receives a larger share of inheritance than his sister, why a man can be a ruler but a woman can not, etc., and they then conclude that Islam treats women as inferior beings. Laws can never be discussed without being explained first, so we must first consider the fundamental Islamic ethos that men and women are two different yet complementary sexes. It is an established medical fact that men and women have different biological compositions and temperaments. Allah the All-Mighty created and knows this biological difference better than we do, and has thus assigned to men and women the roles that each excels in due to its nature.

Neither gender is inferior or superior to the other; instead they complement each other like the two halves of a whole. In everyday life we see that society consists of many different kinds of people, all of whom play their particular roles to keep society intact. The farmer and the doctor make different contributions to the society, but both are equally important. Each excels in his own field, and each provides a service for the other. Similarly, men and women are different sexes and play vital roles in their own areas of excellence.
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jeudi 19 novembre 2015

The Conditions Of The Islamic Hijab

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1- COVERING ALL OF THE BODY

This respected author is in agreement with the position that the face and hands of the woman must be covered as he has detailed this in discussions of the Hijab issues in his book:

"The Return of the Hijab, Part 3". Some scholars say it is permissible to uncover the face and the hands of the woman as long as there is no fitna (infatuation) caused by her or inflicted upon her. They see that if: a) she is beautiful and beautifies her face and hands with external substances, and b) the society around her is corrupt where men do not lower their gaze, then it is prohibited for her to uncover her face and hands.

2- THE HIJAB MUST NOT BE A DISPLAY

The Hijab itself must not be a display. Allah ordained it so as to cover the beauty of women and not for show off. The prophet (Peace Be Upon him) says:

"And not to show of their adornment except only that which is apparent." (Qur'an 24: 31)

"And stay in your houses and do not display yourselves like that of the times of ignorance." (Qur'an 33:33)

It is not logical that the Hijab itself be a source of display. Some women put on attractive covers on their heads. This is against the purity of the Hijab and its essence.

3- THE HIJAB MUST NOT BE TRANSPARENT

The purpose must be achieved. In order for the Hijab to be a cover, it must not be made of transparent material making the woman covered only by name(!)while in reality she is naked. The Prophet (PBUH) said:

"In the latest part of my Omaha (nation of Muslims) there shall be women who would be naked in spite of being dressed, they have hair high like the humps of the Bukht camel, curse them, for they are cursed."

He (PBUH) added in another hadeeth:

"They will not enter Aj-Jannah and would not perceive its odor, although its fragrance can be perceived from such and such distance". 

This indicates that a woman could cause herself a grave and destructive sin if she puts on a garment that is thin and transparent and which clearly shapes her body's features.

4- HIJAB MUST BE ROOMY, FLOWING AND NOT TIGHT

The Hijab is a safeguard against Fitna. If tight, it will be descriptive of the woman's body and this violates the purpose of Hijab. Usamma Bin Zaid (My God be pleased with him) said:

"The Messenger of Allah (PBUH) dressed me with a thick Qubtyeeyah (cotton dress from Egypt) which was a gift that he received from Duhia Al-Kalbi. So I gave it to my wife to wear. He (PBUH) said : "What made you not to wear the Qubtyeeyah?" I said: "I dressed my wife with it. " He (PBUH) said: " Order her to put an undergarment (or gown) under it, because I am afraid it may describe the size of her bones.

5- THE HIJAB MUST NOT BE PERFUMED WITH INCENSE

The Messenger of Allah (PBUH) said:

"Any woman who perfumes herself and passes by some people that they smell her scent, then she is a Zaniyah (prostitute). "

6-THE HIJAB SHOULD NOT RESEMBLE MEN'S DRESS

The Messenger of Allah (PBUH) said:

"Women who assume the manners of men are not from us and also those of men who assume the manners of women. "

Abu-Huraira (May God be pleased with him) narrated that:

"The prophet (PBUH) cursed the man who wears the dress of a woman and the woman who wears the dress of a man."

7- THE HIJAB MUST NOT RESEMBLE THE GARMENTS OF THE KUFFAR

The Messenger of Allah (PBUH) said:

"The one who takes the similitude (manner) of a certain people becomes one of them. "

Abdullah bin Ummar (May God be pleased with him) said:

"The Prophet (SAAW) saw me wearing two clothes dyed in saffron, whereupon he said: these are the clothes (usually worn) by the Kuffar, so do not wear them."

8- THE HIJAB IS NOT FOR FAME!

The Messenger (PBUH) said:

"The one who wears a garment designed for a worldly fame, Allah will make him wear a garment of humility on the Day of Resurrection then he will be set ablaze."

The garment of fame is any garment a person wears to make him/her look famous. This applies whether the garment is highly precious and shows admiration to the life of this world or if it is chosen of a low quality to show lack of interest to this worldly life. The person may put on clothes with distinct colors so as to draw attention, act proudly and/or arrogantly.

9- WATCH FOR "CONCEALED" WAYS OF DISPLAY

Examining the various conditions about the Hijab one can clearly recognize that many of the young Muslim women are not fulfilling these conditions. They consider what they put on now wrongly as "Hijab."

The enemies of the Islamic revival wanted to destroy it in its infancy by oppression and cruelty. Allah (almighty) defeated their plots and held the believing men and women steadfast in their obedience of Him. The enemies of Islam realized that they should deal with the Islamic revival in a wicked way in order to sway this revival away from its course towards Allah. They started to spread innovated forms of "Hijab" as a "midway" solution by which the Muslim woman can "please" Allah (they claim so!) and at the same time "accommodate" her society and preserve her "beauty" and "glamour".

The modern "boutique" stores were declining in their trade due to the widespread use of the true Islamic Hijab. Suddenly, the markets were flooded with altered forms of Tabar'roj under the name 'modern/contemporary Hijab'. In the beginning this was protested and women were cautious. A group of "displaying women" who were embarrassed with the Islamic Hijab rushed towards the "contemporary Hijab" to "relief' themselves from the pressing social realities caused by the spread of Hijab. With time the phenomenon of "concealed display" became widespread and known as "contemporary Hijab". Women friendly to this course think they are the best of girls and best of wives while in fact they are as one poet said:

If they relate to the Hijab-
It is the relation of an intruder

So! O women of this kind be mindful to Allah (almighty) and His Messenger (PBUH) and do not be deceived by those who may "bless" this action of yours and conceal their true intentions. Do not be deceived and let your response be: " I am better than those who are in a complete state of display!" There is no excuse to follow the evil. Know that the fire of Hell has different lower levels while Paradise has different higher levels. So it is proper to follow your sisters who truly adhere to the Islamic Hijab and its conditions. Aim high towards the highest levels of Aj-Jannah. It has been related that the Prophet (PBUH) said:

"Look at those who stand at lower levels than you (regarding worldly wealth) and those who stand at higher levels than you in religion (adherence to faith). for this would not make the favors (conferred upon you by Allah) insignificant (in your eyes)." Az-Zohri reported that Ummar Ibin Al-Khatab (May God be pleased with him) recited the saying of Allah almighty:

"Verily those who say: "Our Lord is Allah (Alone), and then they stood straight (i.e. they believed in the Oneness of Allah and worshipped none but Him (Alone) and obeyed Him for all that He ordered them) on them the angels will descend (at the time of their death) (saying ); "Fear you not, nor grieve! But receive the glad tidings of Aj-Jannah which you have been Promised!) (Qur'an 41:30).

He then said:

" They, by Allah. followed the straight path of Allah by obeying Him and did not dodge like wolves."

Al-Hassan Al Basri, may Allah's Mercy be upon him, said: " If Shaytan (Devil) looks and finds you continuously adhering to the obedience of Allah he will seek you (i.e. check you) one time after the other. If he finds that you are still holding, he becomes weary of you and rejects you. But if you adhere one time and you do not another, then he becomes covetous: he wants to have you for himself."

So come on to a straight path that has no crookedness and a guidance that has no misleading ways in it, and to an honest repentance that has no disobedience in it:

"And turn you all together to Allah (and beg Him) to forgive you all, O believers, that you may be successful." (Qur'an 24:31)
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mercredi 18 novembre 2015

The Practicing Of Polygamy In Islam and In other Religions

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Polygamy is a very ancient practice found in many human societies. The Bible did not condemn polygamy. To the contrary, the Old Testament and Rabbinic writings frequently attest to the legality of polygamy. King Solomon is said to have had 700 wives and 300 concubines (1 Kings 11:3) Also, king David is said to have had many wives and concubines (2 Samuel 5:13). The Old Testament does have some injunctions on how to distribute the property of a man among his sons from different wives (Deut. 22:7). The only restriction on polygamy is a ban on taking a wife's sister as a rival wife (Lev. 18:18). The Talmud advises a maximum of four wives.  European Jews continued to practice polygamy until the sixteenth century. Oriental Jews regularly practiced polygamy until they arrived in Israel where it is forbidden under civil law. However, under religious law which overrides civil law in such cases, it is permissible.

What about the New Testament? According to Father Eugene Hillman in his insightful book, Polygamy reconsidered, "Nowhere in the New Testament is there any explicit commandment that marriage should be monogamous or any explicit commandment forbidding polygamy."  Moreover, Jesus has not spoken against polygamy though it was practiced by the Jews of his society. Father Hillman stresses the fact that the Church in Rome banned polygamy in order to conform to the Greco-Roman culture (which prescribed only one legal wife while tolerating concubinage and prostitution). He cited St. Augustine, "Now indeed in our time, and in keeping with Roman custom, it is no longer allowed to take another wife."

African churches and African Christians often remind their European brothers that the Church's ban on polygamy is a cultural tradition and not an authentic Christian injunction.

The Quran, too, allowed polygamy, but not without restrictions:

"If you fear that you shall not be able to deal justly with the orphans, marry women of your choice, two or three or four; but if you fear that you shall not be able to deal justly with them, then only one" (Qur’an 4:3).

The Quran, contrary to the Bible, limited the maximum number of wives to four under the strict condition of treating the wives equally and justly. It should not be understood that the Quran is exhorting the believers to practice polygamy, or that polygamy is considered as an ideal. In other words, the Quran has "tolerated" or "allowed" polygamy, and no more, but why? Why is polygamy permissible ? The answer is simple: there are places and times in which there are compelling social and moral reasons for polygamy. As the above Quranic verse indicates, the issue of polygamy in Islam cannot be understood apart from community obligations towards orphans and widows. Islam as a universal religion suitable for all places and all times could not ignore these compelling obligations.

In most human societies, females outnumber males. In the U.S. there are, at least, eight million more women than men. In a country like Guinea there are 122 females for every 100 males. In Tanzania, there are 95.1 males per 100 females. 55 What should a society do towards such unbalanced sex ratios? There are various solutions, some might suggest celibacy, others would prefer female infanticide (which does happen in some societies in the world today !). Others may think the only outlet is that the society should tolerate all manners of sexual permissiveness: prostitution, sex out of wedlock, homosexuality, etc. For other societies , like most African societies today, the most honorable outlet is to allow polygamous marriage as a culturally accepted and socially respected institution. The point that is often misunderstood in the West is that women in other cultures do not necessarily look at polygamy as a sign of women's degradation. For example, many young African brides , whether Christians or Muslims or otherwise, would prefer to marry a married man who has already proved himself to be a responsible husband.

Many African wives urge their husbands to get a second wife so that they do not feel lonely. 56 A survey of over six thousand women, ranging in age from 15 to 59, conducted in the second largest city in Nigeria showed that 60 percent of these women would be pleased if their husbands took another wife. Only 23 percent expressed anger at the idea of sharing with another wife. Seventy-six percent of the women in a survey conducted in Kenya viewed polygamy positively.

In a survey undertaken in rural Kenya, 25 out of 27 women considered polygamy to be better than monogamy. These women felt polygamy can be a happy and beneficial experience if the co-wives cooperate with each other. Polygamy in most African societies is such a respectable institution that some Protestant churches are becoming more tolerant of it. A bishop of the Anglican Church in Kenya declared that, "Although monogamy may be ideal for the expression of love between husband and wife, the church should consider that in certain cultures polygyny is socially acceptable and that the belief that polygyny is contrary to Christianity is no longer tenable."

After a careful study of African polygamy, Reverend David Gitari of the Anglican Church has concluded that polygamy, as ideally practiced, is more Christian than divorce and remarriage as far as the abandoned wives and children are concerned. I personally know of some highly educated African wives who, despite having lived in the West for many years, do not have any objections against polygamy. One of them, who lives in the U.S., solemnly exhorts her husband to get a second wife to help her in raising the kids.

The problem of the unbalanced sex ratios becomes truly problematic at times of war. Native American Indian tribes used to suffer highly unbalanced sex ratios after wartime losses. Women in these tribes, who in fact enjoyed a fairly high status, accepted polygamy as the best protection against indulgence in indecent activities. European settlers, without offering any other alternative, condemned this Indian polygamy as 'uncivilised'. After the second world war, there were 7,300,000 more women than men in Germany (3.3 million of them were widows).

There were 100 men aged 20 to 30 for every 167 women in that age group. Many of these women needed a man not only as a companion but also as a provider for the household in a time of unprecedented misery and hardship. The soldiers of the victorious Allied Armies exploited these women's vulnerability. Many young girls and widows had liaisons with members of the occupying forces. Many American and British soldiers paid for their pleasures in cigarettes, chocolate, and bread. Children were overjoyed at the gifts these strangers brought.

A 10 year old boy on hearing of such gifts from other children wished from all his heart for an 'Englishman' for his mother so that she need not go hungry any longer.

We have to ask our own conscience at this point: What is more dignifying to a woman? An accepted and respected second wife as in the native Indians' approach, or a virtual prostitute as in the 'civilised' Allies approach? In other words, what is more dignifying to a woman, the Quranic prescription or the theology based on the culture of the Roman Empire?

It is interesting to note that in an international youth conference held in Munich in 1948 the problem of the highly unbalanced sex ratio in Germany was discussed. When it became clear that no solution could be agreed upon, some participants suggested polygamy. The initial reaction of the gathering was a mixture of shock and disgust. However, after a careful study of the proposal, the participants agreed that it was the only possible solution. Consequently, polygamy was included among the conference final recommendations.

The world today possesses more weapons of mass destruction than ever before and the European churches might, sooner or later, be obliged to accept polygamy as the only way out. Father Hillman has thoughtfully recognized this fact, "It is quite conceivable that these genocidal techniques (nuclear, biological, chemical..) could produce so drastic an imbalance among the sexes that plural marriage would become a necessary means of survival....Then contrary to previous custom and law, an overriding natural and moral inclination might arise in favour of polygamy. In such a situation, theologians and church leaders would quickly produce weighty reasons and biblical texts to justify a new conception of marriage."

To the present day, polygamy continues to be a viable solution to some of the social ills of modern societies. The communal obligations that the Quran mentions in association with the permission of polygamy are more visible at present in some Western societies than in Africa. For example, Inthe United States today, there is a severe gender crisis in the black community. One out of every twenty young black males may die before reaching the age of 21. For those between 20 and 35 years of age, homicide is the leading cause of death.

Besides, many young black males are unemployed, in jail, or on dope. As a result, one in four black women, at age 40, has never married, as compared with one in ten white women.

Moreover, many young black females become single mothers before the age of 20 and find themselves in need of providers. The end result of these tragic circumstances is that an increasing number of black women are engaged in what is called 'man-sharing'.

That is, many of these hapless single black women are involved in affairs with married men. The wives are often unaware of the fact that other women are 'sharing' their husbands with them. Some observers of the crisis of man-sharing in the African American community strongly recommend consensual polygamy as a temporary answer to the shortage of black males until more comprehensive reforms in the American society at large are undertaken.

By consensual polygamy they mean a polygamy that is sanctioned by the community and to which all the parties involved have agreed, as opposed to the usually secret man-sharing which is detrimental both to the wife and to the community in general. The problem of man-sharing in the African American community was the topic of a panel discussion held at Temple University in Philadelphia on January 27, 1993. 70 Some of the speakers recommended polygamy as one potential remedy for the crisis. They also suggested that polygamy should not be banned by law, particularly in a society that tolerates prostitution and mistresses. The comment of one woman from the audience that African Americans needed to learn from Africa where polygamy was responsibly practiced elicited enthusiastic applause.

Philip Kilbride, an American anthropologist of Roman Catholic heritage, in his provocative book, Plural marriage for our time, proposes polygamy as a solution to some of the ills of the American society at large. He argues that plural marriage may serve as a potential alternative for divorce in many cases in order to obviate the damaging impact of divorce on many children. He maintains that many divorces are caused by the rampant extramarital affairs in the American society. According to Kilbride, ending an extramarital affair in a polygamous marriage, rather than in a divorce, is better for the children, "Children would be better served if family augmentation rather than only separation and dissolution were seen as options." Moreover, he suggests that other groups will also benefit from plural marriage such as: elderly women who face a chronic shortage of men and the African Americans who are involved in man-sharing.

In 1987, a poll conducted by the student newspaper at the university of California at Berkeley asked the students whether they agreed that men should be allowed by law to have more than one wife in response to a perceived shortage of male marriage candidates in California. Almost all of the students polled approved of the idea. One female student even stated that a polyganous marriage would fulfil her emotional and physical needs while giving her greater freedom than a monogamous union. In fact, this same argument is also used by the few remaining fundamentalist Mormon women who still practice polygamy in the U.S. They believe that polygamy is an ideal way for a woman to have both a career and children since the wives help each other care for the children.

It has to be added that polygamy in Islam is a matter of mutual consent. No one can force a woman to marry a married man. Besides, the wife has the right to stipulate that her husband must not marry any other woman as a second wife. The Bible, on the other hand, sometimes resorts to forcible polygamy. A childless widow must marry her husband's brother, even if he is already married, regardless of her consent (Genesis 38:8-10).

It should be noted that in many Muslim societies today the practice of polygamy is rare since the gap between the numbers of both sexes is not huge. One can, safely, say that the rate of polygamous marriages in the Muslim world is much less than the rate of extramarital affairs in the West. In other words, men in the Muslim world today are far more strictly monogamous than men in the Western world.

Billy Graham, the eminent Christian evangelist has recognized this fact:

"Christianity cannot compromise on the question of polygamy. If presentday Christianity cannot do so, it is to its own detriment. Islam has permitted polygamy as a solution to social ills and has allowed a certain degree of latitude to human nature but only within the strictly defined framework of the law. Christian countries make a great show of monogamy, but actually they practice polygamy. No one is unaware of the part mistresses play in Western society. In this respect Islam is a fundamentally honest religion, and permits a Muslim to marry a second wife if he must, but strictly forbids all clandestine amatory associations in order to safeguard the moral probity of the community."

It is of interest to note that many, non-Muslim as well as Muslim, countries in the world today have outlawed polygamy. Taking a second wife, even with the free consent of the first wife, is a violation of the law. On the other hand, cheating on the wife, without her knowledge or consent, is perfectly legitimate as far as the law is concerned! What is the legal wisdom behind such a contradiction? Is the law designed to reward deception and punish honesty? It is one of the unfathomable paradoxes of our modern 'civilised' world.
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dimanche 15 novembre 2015

No Stigma Is Attached To Divorce Or Widowhood In Islam

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Because of the fact that the Old Testament recognized no inheritance rights to them, widows were among the most vulnerable of the Jewish population. The male relatives who inherited all of a woman's deceased husband's estate were to provide for her from that estate. However, widows had no way to ensure this provision was carried out, and lived on the mercy of others. Therefore, widows were among the lowest classes in ancient Israel and widowhood was considered a symbol of great degradation (Isaiah 54:4). But the plight of a widow in the Biblical tradition extended even beyond her exclusion from her husband's property.

According to Genesis 38, a childless widow must marry her husband's brother, even if he is already married, so that he can produce offspring for his dead brother, thus ensuring his brother's name will not die out.

"Then Judah said to Onan, 'Lie with your brother's wife and fulfill your duty to her as a brother-in-law to produce offspring for your brother' " (Genesis 38:8).

The widow's consent to this marriage is not required. The widow is treated as part of her deceased husband's property whose main function is to ensure her husband's posterity. This Biblical law is still practiced in today's Israel. A childless widow in Israel is bequeathed to her husband's brother. If the brother is too young to marry, she has to wait until he comes of age. Should the deceased husband's brother refuse to marry her, she is set free and can then marry any man of her choice. It is not an uncommon phenomenon in Israel that widows are subjected to blackmail by their brothers-in-law in order to gain their freedom.

The pagan Arabs before Islam had similar practices. A widow was considered a part of her husband's property to be inherited by his male heirs and she was, usually, given in marriage to the deceased man's eldest son from another wife. The Quran scathingly attacked and abolished this degrading custom:

"And marry not women whom your fathers married--Except what is past -- it was shameful, odious, and abominable custom indeed" (Qur’an 4:22).

Widows and divorced women were so looked down upon in the Biblical tradition that the high priest could not marry a widow, a divorced woman, or a prostitute:

"The woman he (the high priest) marries must be a virgin. He must not marry a widow, a divorced woman, or a woman defiled by prostitution, but only a virgin from his own people, so he will not defile his offspring among his people" (Lev. 21:13-15)

In Israel today, a descendant of the Cohen caste (the high priests of the days of the Temple) cannot marry a divorcee, a widow, or a prostitute. In the Jewish legislation, a woman who has been widowed three times with all the three husbands dying of natural causes is considered 'fatal' and forbidden to marry again.The Quran, on the other hand, recognizes neither castes nor fatal persons. Widows and divorcees have the freedom to marry whomever they choose.

There is no stigma attached to divorce or widowhood in the Quran:

"When you divorce women and they fulfil their terms [three menstruation periods] either take them back on equitable terms or set them free on equitable terms; But do not take them back to injure them or to take undue advantage, If anyone does that, he wrongs his own soul. Do not treat Allah's signs as a jest" (Qur’an 2:231).

"If any of you die and leave widows behind, they shall wait four months and ten days. When they have fulfilled their term, there is no blame on you if they dispose of themselves in a just manner" (Qur’an 2:234).

"Those of you who die and leave widows should bequeath for their widows a year's maintenance and residence. But if they [the widows] leave (the residence) there is no blame on you for what they justly do with themselves" (Qur’an 2:240).
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