Monday, 29 April 2013

RIGHTS OF PARENTS AND SONS

Rights of Parents

It is absolutely impossible for any writer to depict the parents’ grandeur and favors on their sons, since they are the supports of merits and success. Parents have done their best and suffered a variety of difficulties for sake of supervising their sons . Mothers, for instance, have suffered the burdens of pregnancy, giving birth, suckling, and the troubles of education. Fathers, on the other hand, have stood the hurdles of seeking earnings for sake of saving the means of good livelihood for their sons. They have also engaged themselves in the troubles of educating and bringing up sons and preparing comfortable lives. Suffering all these difficulties, parents have been feeling happy, without expecting praise or reward from their sons. Out of their abundant love for their sons, parents have worked diligently for making them precede others in fields of virtue so that they will be the objects of admiration. This nature is in violation of man’s tempers. From this cause, parents’ favors are regarded as the greatest after God’s, and their rights against their sons are very considerable.

 

Filial Piety

It is binding on noble sons to appreciate their parents’ favors by rewarding them with the most deserved form of loyalty, reverence, respect, piety, good turn, nice treatment, and suitable honoring:
“(Concerning his parents), We advised the man, whose mother bears him with great pain and breast-feeds him for two years, to give thanks to Me first and then to them, to Me all things proceed. If they try to force you to consider things equal to Me, which you cannot justify, equal to Me, do not obey them. Maintain lawful relations with them in this world and follow the path of those who turn in repentance to Me. To Me you will all return and I shall tell you all that you have done. (31:14-5)” 

“Your Lord has ordained that you must not worship anything other than Him and that you must be kind to your parents. If either or both of your parents should become advanced in age, do not express to them words which show your slightest disappointment. N ever yell at them but always speak to them with kindness. Be humble and merciful towards them and say, "Lord, have mercy upon them as they cherished me in my childhood." (17:23-4)” 

The two aforementioned Quranic texts have expressed the parents’ favoring and lofty standing and the necessity of rewarding them by means of many thanks and treating them with suitable piety and kindness. In the first Verse, God, after thanking Him, orders to show gratitude to them, and in the second Verse, He attaches kindness to them to worshipping Him. This is in fact the highest degree of endearment and honoring. 

The Prophet (s) said to the man who asked him for advice: “Do not associate anything with Allah (in worship) even if you are burnt with fire and tortured unless your heart is full of faith. You should, too, obey your parents whether they are alive or dead, even if they order you to leave your family and your property. This is surely a part of faith.”

“If you are pious (to parents), Paradise will be your share. If you are impious (to them), Hell will be your share.”  

“Sons’ looking at their parents, out of love for them, is a sort of worship.”
Imam al-Baqir (a) said: “Allah does not give permission in three things: keeping the trust of both the pious and the sinful, fulfilling the pledge that is given to both the pious and the sinful, and treating parents kindly whether they are pious or sinful.”


Imam as-Sadiq (a) said: “He who desires that Allah will save him from agonies of death must regard his relatives and treat his parents obediently. Allah will surely save him who carries such traits from suffering the agonies of death and will also save him from harshness of poverty as long as he is alive.”


Imam as-Sadiq (a) narrated that one of the Prophet’s foster sisters visited him. He received her so warmly, laid his personal quilt, asked her to sit on it, and went on facing her and smiling in her face. When she left, her brother came. The Prophet (s) did not treat him as same as his sister. When the man left, the attendants asked him why he had treated the woman so warmly, but had not done the same with her brother. He answered: “She was more obedient to her parents than he was.” 


Since mothers exert giant efforts and suffer insensitive ordeals for sake of their sons, the Islamic Sharia has conferred upon them with greater deal of obligatory care and piety:
Imam as-Sadiq (a) narrated that, once, a man asked the Prophet (s), ‘whom must I treat piously first, God’s Messenger?’ The Prophet (s) answered, ‘you must first treat your mother piously.’ ‘Then?’ asked the man. ‘Your mother,’ answered the Prophet (s). 

‘Then?’ asked the man. ‘Your mother,’ answered the Prophet (s). ‘Then?’ asked the man. ‘Your mother,’ answered the Prophet (s). ‘Then?’ asked the man. ‘Then comes your father,’ answered the Prophet (s). 

Ibrahim bin Muhazzim narrated:
After I had left Imam as-Sadiq, one night, I came to my house in Medina and quarreled with my mother who was living with me. The next morning, I visited him after I had offered the Fajr Prayer. He addressed to me, before I said anything, “Abu Muhazzim, w hat was your matter with Khalida? Last night, you addressed bad words to her. You should have known that her womb was the abode in which you resided, her lap was the cradle in which you slept, and her breast was the bowl from which you drank.” 

“Yes,” I answered, “I have known all these.” 

“Then,” said the Imam (a), “You should not be coarse with her any more.” 

Imam as-Sejjad (a) said in his Treatise of Rights:
“The right of your mother is that you know that she carried you where no one carries anyone, she gave to you the fruit of her heart that which no one gives to anyone, and she protected you with her hearing, sight, hand, leg, hair, and skin as well as all her organs. She was highly delighted, happy, eager, and enduring the harm, pains, heaviness, and grief until the hand of power saved her from you and took you out to this earth. She did not care if she went hungry as long as you ate, if she was naked as long as you were clothed, if she was thirsty as long as you drank, is she was in the sun as long as you were in the shade, if she was miserable as long as you were happy, and if she was deprived of sleeping as long as you were resting. Her abdomen was y our container, her lap your seat, her breast your container of drink, and her soul was your fort. She protected you from heat and cold. You should thank her for all that. You will not be able to show her gratitude unless through Allah’s help and giving success.” 

Filial piety becomes nicer and more influential when it is done to the aged parents who are in exigent need for affection: 

“If either or both of your parents should become advanced in age, do not express to them words which show your slightest disappointment –such as ‘ugh’-. Never yell at them but always speak to them with kindness. Be humble and merciful towards them and say, "Lord, have mercy upon them as they cherished me in my childhood." (17:24)”

It is related that a man asked the Prophet (s), “God’s Messenger, I am treating my aged parents as same as their treatment to me when I was child. Have I now performed their rights that are imposed upon me?” The Prophet (s) answered: “No, you have not, because, when they treated you kindly during your childhood, they wanted you to live. But, now, while you are treating them kindly, you wish they would die.”


Ibrahim ibn Shuaib narrated: I told Imam as-Sadiq (a) that I used to carry my aged and weak father when he wanted to relieve nature. The Imam commented: “If you can do more than this, you must do it. You should feed him bit by bit, because he will guard you (from Hell) in the morrow.”


Filial piety is not restricted to the living parents. It becomes more necessary for the dead parents, because they are in need for piety more than the alive do. 

The Prophet (s) said: “On the Day of Resurrection, a man who treats his parents piously after their departure of life will be regarded as the chief of the pious.” 


Imam al-Baqir (a) said: “A servant who is pious to his parents during their lifetimes may be, later on, decided as impious. This may occur when such a servant neglects settling the debts of their dead parents and neglects seeking Allah’s forgiveness for them. Likewise, a servant who is impious to his parents during their lifetimes may be decided as pious. This occurs when such a servant settles the debts of their parents, after their death, and seeks Allah’s forgiveness for them.” 

Imam as-Sadiq said: “Nothing of the rewarding follows the dead except three: a continuous alms that was dedicated during lifetime, an instruction of right guidance that is followed by others, and a righteous son who supplicates to Allah for him.” 

Filial Impiety

Ingratitude and bad turn are ill manners denied by reason and law and disapproved by sound conscience. Through this criterion, we can feel the hideousness and horribleness of filial impiety, which is a crime taking to Hell. In addition to its being in violation of human principles, reason, and law, filial impiety is an indication to emotionlessness, faithlessness, and fading of human values. Parents exert giant efforts for educating and securing every means that achieves material and mental prosperity f or sons who, whatever they do, cannot appreciate their endeavors. How is it then possible for sons to neglect such emotions and repay with mistreatment and impiety?
The Prophet (s) said: “The punishment for three sins is immediate and not postponed to the Hereafter: filial impiety, oppression against people, and ingratitude.” 

Imam al-Baqir (a) said: “My father, once, saw a man leaning to his father’s arm while they were walking. Out of his detestation of this scene, my father did not speak to him forever.” 


Imam as-Sadiq (a) said: “If Allah had known something more trivial than ‘ugh’, He would have used it in warning against filial impiety. To look at parents sharply is a sort of impiety to them.”

Disadvantages of Filial Impiety

Serious disadvantages are expected from filial impiety. One of these is that the impious son will unavoidably be the subject of his sons’ impiety. 

Al-Asmaee conveyed the following story from a Beduin:
I, once, decided to wander in the quarters searching for the most pious of people and the most impious (to his parents). 

One day, I passed by an old man in whose neck there was a rope, and he was trying to pull a bucket from a well, while it was so hot that even camels were trying to find shadows to sit in. Furthermore, a young man with a rope as thick as a strap in the ha nd was beating that old man on the back so cruelly. Astonished by such a scene, I shouted at the young, “Do you not fear God when you treat this weak old man so cruelly? The rope that is in his neck is a sufficient suffering for him, why do you then add to it the suffering of your beating?” 

The young man answered: “What is more is that this man is my father!”
I replied: “God may show you no goodness for this!” 

He said: “Keep silent! He used to do the same thing that you see to his father. Likewise, his father used to do the same thing to his father, and so on.” 

I said to myself: “This is unquestionably the most impious to his parents,” and went on wandering.
One day, I saw a young man hanging a frail to his neck, and saw in that frail an old man who was as small as a young bird. That young man used to take down that old man from time to time and feed him like birds. I asked the young man: “What is this?” 

He answered: “He is my father. As he became senile, I am taking care of him.”

Hence, I said to myself, “This is surely the most pious to his parents.” 

One of the disadvantages of filial impiety is that the impious individuals live in incessant unhappiness and discomfort because their parents curse them. 

The Prophet (s) said: “Beware of fathers’ imprecations, for they are sharper than swords.” 

The impious, also, will certainly suffer horrible agonies of death. 

Imam as-Sadiq (a) narrated: One day, the Prophet (s) attended before a young man who was suffering death struggles. He tried severally to instruct him to say ‘la ilaha illa (a)llah—there is no god but Allah’, but the man became tongue-tied. 

The Prophet (s) asked the lady who was standing nearer to him: “Is this man’s mother present?”
She answered: “Yes, it is I.” 

The Prophet (s) asked: “Are you dissatisfied with him?”
She answered: “Yes, I am. I have not talked to him for six years.”
The Prophet (s) then asked her to be pleased with him.
She answered: “As long as the Messenger of God is pleased with him, I am pleased, too.”
Then, the Prophet (s) instructed the dying man to say ‘la ilaha illa (a)llah’, and, finally, he could speak it. 

The Prophet (s) asked him: “What is before you, now?”
The dying man said: “I now can see an ugly black man with dirty clothes and bad smell. He is prevailing over me.” 

The Prophet (s) instructed: “Say: O You Who accepts the few and pardons the much, accept my few (deed) and pardon my very much (evildoing). You are surely the All-forgiving the All-merciful.”
The young man said it. 

Then the Prophet (s) asked: “Now, what do you see?”
The man said: “I now can see a white, pretty, sweet-smelling man come to me, while the black one left.”
The Prophet (s) ordered him to repeat reciting the previous supplication, and the man did.
The Prophet (s) then asked him what he could see.
The man answered: “I can see only the white man coming to me.”
Few moments later, the man departed life.”
Filial impiety is a grand sin for which God threatens hell.
It is worth mentioning that fathers are required to train and educate their sons by means of wisdom so as to save them from impiety to them.
The Prophet (s) said: “Like their sons, parents are required to avoid treating their righteous sons impiously.”
“Allah may curse the parents who cause their sons to treat them impiously. Allah may have mercy upon the parents who cause their sons to treat them piously.”

Rights of Sons

The righteous sons are the adornment of this life and the dearest and most precious hopes. Thus, the Ahl ul-Bayt (a), as well as people of wisdom and letters, praised them. 

The Prophet (s) said: “The righteous son is one of the roses of Paradise.” 
“To have a righteous son is a sign of happiness.”


Referring to a dead, a wise man said: “If this dead has a son, he is alive then, lest he is surely dead.”
Not only do parents benefit by their righteous sons during their lifetimes, but also they are advantageous for them after their death. 

(Imam as-Sadiq (a) related:) The Prophet (s) said: Jesus (a), once, passed by a grave whose occupant was tortured. A year later, he passed by the same grave, but found that torture was ceased. He asked the Lord about this, and he was answered that the so n of the occupant of this grave paved a public way and had the custody of an orphan; therefore, Allah forgave the father for the son’s good deeds. 

(The Prophet commented) The heritage that Allah gains from the believer is a son who worships Him after the father’s death. 

(Imam as-Sadiq (a) then recited the Quranic Verse that tells the words of Zechariah the prophet)
“I am afraid of what my kinsmen will do after (my death) and my wife is barren. Lord, grant me a son who will be my heir and the heir of the family of Jacob. Lord, make him a person who will please you" (19:5-6).”


Righteousness of sons requires excessive attention in fields of education. On that account, it is obligatory upon fathers to train their sons on bases of virtue so that they, later on, will harvest pleasure through their commitment to good behavior. In t his regard, Imam as-Sejjad (a) said: 

“The right of your child is that you should know that he is from you and will be ascribed to you, through both his good and his evil, in the immediate affairs of this world. You are responsible for what has been entrusted to you, such as educating him in good conduct, pointing him in the direction of his Lord, and helping him to obey Him. So, act toward him with the action of one who knows that he will be rewarded for good doing toward him and punished for evildoing. In his affairs, act like the actions of those who adorn their children with their good deeds and those who are justified before their Lord as long as they did well in the discipline and the custody of their sons.” 

Fathers are responsible for disciplining their sons righteously, otherwise they expose them to various dangers of social and religious corruption. Fathers are recommended to begin with guiding their sons to uprightness from tender age, because they, in s uch ages, are more responsive than being older. Moreover, fathers must begin educating their sons before their eyes are opened on ill habits and immoralities, lest the mission becomes very complicated.

Wisdom of Discipline

Fathers are required to be moderate with their sons. They should neither subject them by means of excessive rudeness since this may cause them to suffer mental complexities, nor should they neglect punishing them when they show shortcomings, since this m ay lead them to disobey. It is said that ‘he who feels safety from punishment will behave improperly.’ 

The best method of education then is to rectify sons step by step, by way of encouraging them doing charity through words of praise and rewarding, and advising them not to misbehave. If this is useless, fathers should move to the stage of reproach. If this is also useless, then comes the role of punishment and harsh reproach.

The Child’s First School

The child’s first school is home, where he grows up, his personality rises to perfection, and traits mature. The parents’ behavior and morals have the greatest role in the child’s perfection and maturity of personality. As a result, they must behave as i deal examples of their children so that their traits will reflect on the children’s mentalities.

Course of Education

The first step in educating children is to lead them to the etiquettes of sitting to the dining-tables, such as washing the hands before and after each meal, eating with the right hand, chewing the food properly, avoiding looking in the faces of the other eaters, satisfying themselves with the available sustenance, and the like morals. Then, children should be trained on the rules of speech and should be trained to avoid obscenity, backbiting, gossip, and the like indecencies. They should also be trained on good attention and not to interrupt speakers. 

The most important point in educating children, however, is to plant the religious concepts in their mentalities and bring them up on belief through teaching them the principles and branches of the religion in such a style befitting their intellectual levels, so that they will have acquaintance of their creed and doctrine and they will be immunized against the deviant suspects arisen by the enemies of Islam:
“Believers, save yourselves and your families from the fire which is fueled by people and stones and is guarded by stern angels who do not disobey Allah's commands and do whatever they are ordered to do (66:6).” 

Fathers must also train their children on practicing the high moral standards, such as truthfulness, faithfulness, patience, and self-reliance, and to observe manners of intimate association with people, such as regarding the old, compassioning the young , thanking the favorer, overlooking the wrongdoer, and treating kindly the poor. Besides, children must be prevented from associating with the evils and the deviant and encouraged associating with the polite. Children in fact imitate their friends’ moralities and natures shortly.

The Prophet (s) said: “Man imitates his friend. You therefore must consider the one you befriend.”
People have witnessed and suffered many tragedies that occurred to the young who went astray and fell in depths of vices and corruption just because they befriended impolite and evil individuals. Consequently, fathers must search for the talents and qualifications of their sons and, then, guide them in the fields of life that best befit their physical and mental abilities and skills. This will certainly contribute in helping them face burdens of life and save comfortable livings

Immigrant Women Deserve Access to Safe Abortion Care, Not a House of Horrors

Karnamaya Mongar, a Nepalese woman and mother of three, immigrated to the United States in July of 2009 after losing a 4-year-old daughter to cholera and spending 20 years of her life in a refugee camp. She became pregnant just as she arrived to this country and felt her family was not ready for another child, saying, “We just got started here.”

Just four months after her arrival in the United States, Mongar’s 4-foot-11, 110-pound body lay dead at the clinic of Dr. Kermit Gosnell in an impoverished Philadelphia neighborhood.

Today, the trial of Dr. Kermit Gosnell, whose medical staff was responsible for overdosing Mongar with the drug Demerol, is making headlines. Among other charges, Gosnell is charged with third-degree murder for the death of Mongar. He could be sentenced to death if found guilty. Much of the trial coverage has focused on Gosnell and the deplorable conditions in which his facilities were kept. Less attention has been paid to the lived experiences of immigrant women trying to plan their families, or to the larger political and legal environment that creates fertile ground for the likes of Gosnell.

And so, I would like to remember, honor, and shed light on Mongar’s story and the reasons she ended up in Gosnell’s house of horrors.

Mongar’s experience exposes the many barriers to health immigrant women face, as well as the horrific side effects of anti-choice policies. She and her family were among thousands of people expelled from their homeland of Bhutan following pro-democracy protests and were part of a humanitarian resettlement program. Her husband had just found a job in a chicken factory in Virginia where they lived. When she learned she was pregnant, Mongar sought to have an abortion in her home state of Virginia. However, 85 percent of Virginia counties did not have an abortion provider at all. Making matters worse, at 19 weeks pregnant Mongar was in her second trimester, after which Virginia legislation made it illegal for clinics (but not hospitals) to administer abortions.

Frustrated after being unable to find a provider in Virginia or Washington, D.C., that would serve her, Mongar went to Philadelphia to see Dr. Gosnell, who was known for performing cheap abortions regardless of gestational age. Mongar had no idea she would never return home. She did not speak English, was made to sign documents that were not translated for her, and was not given the pre-op counseling required by state law. Her clinic experience was unsanitary and dangerous; investigators discovered fetuses in the clinic’s toilet and stored in jars, and medical staff were untrained and included a 15-year-old high school student who administered anesthesia.

Gosnell’s clinic thrived because of legal and funding restrictions on abortion. Victims were predominantly immigrant women, low-income women, and women of color who had little access to information and financial resources. In addition to Mongar, another woman died at Gosnell’s clinic in 2000 from a perforated uterus, and many more suffered from perforated bowels and cervixes. Some women were even made sterile.

Keeping abortion services legal, physically accessible, and affordable can help prevent horror stories like Mongar’s. If Virginia legislation allowed clinics to perform second-trimester abortions and if safe abortion providers were affordable and more numerous throughout the state, perhaps Karnamaya Mongar would be alive today. Keeping abortion legal and making it accessible means women’s health and safety will be ensured. Studies have shown that restricting abortion does not mean women will not find a way to get an abortion. Moreover, the Hyde Amendment, which bans Medicaid funding of abortion, gives poor women very few safe options. Faced with an unwanted pregnancy and limited financial resources, many women are forced to risk their health and, in some cases, their lives.

As immigrant women continue to seek better lives in the United States—currently 51 percent of immigrants in the United States are women—we cannot neglect the impact health-care policies and anti-choice legislation have on their lives. This is why, at the National Asian Pacific American Women’s Forum, I work to ensure abortion care is affordable and advocate for health care for immigrant women. Immigrant women deserve safe, affordable reproductive health services—not a house of horrors.

Adoptive Couple v. Baby Girl: Who Is a Parent Under Law?

On 16th April, 2013, the Supreme Court heard oral argument in the case Adoptive Couple v. Baby Girl. While arguments touched on a number of topics, they centered on an issue crucial to all of us—how a parent is defined under the law. This question is particularly salient as we consider immigration reform and marriage equality, both of which touch on what constitutes a family and how the law does—or does not—support it.

At stake in this case is the fundamental right of individuals to parent their biological children, and of minority and politically disadvantaged communities to protect their cultural identity and integrity.

Many of the facts in the case are disputed. But there are a few that we know to be true: Dusten Brown is Veronica’s biological father. He was estranged from Christina Maldonado, Veronica’s biological mother, at the time of her birth. Dusten was informed of Christina’s intention to put Veronica up for adoption just a few days before he was scheduled to deploy to Iraq. As soon as he found out that his daughter was about to be placed for adoption outside the family, he sought custody and formal legal recognition as her father.

Because Dusten is an enrolled member of the Cherokee Nation, and his daughter, Veronica, is eligible for membership, the federal Indian Child Welfare Act (ICWA) governs this dispute.

And with good reason–there is a long legacy of discrimination against Native American parents, especially when it comes to raising their own children. This discrimination is largely based on unfounded myths and stereotypes about their fitness as parents and biases against traditional Native parenting styles. Beginning with federal policies in the early 1860s and continuing through the 1970s, the U.S. government deliberately took Native American children from their families and communities and placed them in non-Native homes or in boarding schools. After years of advocacy by the Native American community and with thousands of pages of testimony describing how these practices were devastating to tribal families, traumatizing to Native children and depleting of tribal populations, Congress passed ICWA.

The law enhances the ability of Native Americans to parent their children with dignity by providing two major protections: (1) deeper cultural sensitivity in child welfare placements, and (2) increased respect for tribal determinations in child welfare matters. The law has been effective at reducing rates of overrepresentation of Native Americans in both foster care and adoption from their peak during the 1970s, but to this day Native American children continue to be three times more likely than their white counterparts to be removed from their homes and placed in foster care. Biases persist, in spite of the protections set up to alleviate and eradicate them, and the law is still essential to protect Native American children, parents, and communities from abuses in the child welfare system.

The protections of ICWA extend to both Native American parents and tribes, providing them with, among other things, the right to intervene in voluntary adoption proceedings. In order to qualify for this protection, Dusten needed to be considered a legal parent. During yesterday’s oral argument, the justices were concerned with that very question. Family law and its definition of parentage varies from state to state, and also under federal law. In this case, if the justices follow the federal definition of who is a parent under ICWA, then Dusten’s biological relationship to Veronica and his acknowledgement thereof is determinative of his legal status as an Indian parent with rights under ICWA. But if the justices use the state’s definition in South Carolina, where the adoption occurred, Dusten could not object to the adoption as a legal parent because he did not support Veronica’s mother during her pregnancy or immediately after the birth, in spite of his acknowledgement of paternity days after learning of her impending adoption. The Supremacy Clause establishes federal law as the law of the land, and therefore, ICWA, rather than state law, should govern in this case.

This law only applies to children who are members or eligible for membership of Native American tribes and their parents, but it should be a best practice for all child placement determinations. Culture and community matter. While the most important things a child needs are love and stability, ideally children would have the opportunity to be raised by those who share their heritage and can teach them the culture and traditions of that heritage. Moreover, it is important for the law to presume that members of historically marginalized communities are legitimate and fit parents unless proven otherwise in order to correct for the bias that so often still exists to the contrary.

Women’s Rights Abuses in Afghanistan: Searching for the Full Story

It was just a few weeks ago that the international news cycle was consumed with the gruesome tale of a young Afghan girl who had endured months of torture at the hands of her in-laws. Now there’s another equally devastating story showcasing women’s rights abuses in Afghanistan. In the northern Kunduz province, a man and his mother are accused of strangling his wife, allegedly for giving birth to a girl.
“I have known women to endure emotional, economic, and physical abuse at the hands of their husbands for giving birth to girls. It’s heartbreaking,” said Naheed Bahram, Program Manager at Women for Afghan Women, a US- and Afghanistan-based women’s rights group.
The tragedy is a dual injustice, demonstrating both how early on a disregard for women’s rights in Afghanistan begins and how senselessly and brutally it is manifest.  Violence against women in Afghanistan has become a well-established fact. A 2008 survey found that 87.2 percent of women had experienced at least one form of physical, sexual, or psychological violence or forced marriage in their lifetime.  

Think what you will about the U.S. war in Afghanistan, Naheed Bahram sees a correlation between the U.S. presence and expanded awareness of – and progress on – women’s rights abuses. “We would not have achieved what we have without foreign presence.” In part, that’s because US presence has enabled new platforms for drawing awareness to the rights abuses women endure countrywide. We hear about acid-throwing and torture, child marriage and self-immolation, and maternal mortality, which in Afghanistan is the highest in the world.

From the media, we get a bleak and disturbing picture. Last year, Afghanistan was ranked the worst place in the world to be a woman by a Reuters poll – worse even than the Democratic Republic of Congo, where it is estimated that a woman is victimized nearly every minute. All of this, as depressing as it is, is important to know. For every one woman’s tale we read, hundreds are likely to have endured what she did, or maybe worse. Yet the picture is wider than this.
“It’s very important for the world to know what’s going on with women in Afghanistan, but it’s not a complete without also talking about what local women’s organizations are doing to change things,” says Bahram. “The media shows only negative things about Afghanistan. We hear about teachers who have acid thrown on them, but not about the girls winning scholarships for higher education.”
Women for Afghan Women runs women’s shelters  and halfway houses across Afghanistan and a community center in Queens, New York for Afghan women immigrants, among other programs. They are also providing a defense lawyer for Sahar Gul, the young girl whose brutalized image was splashed across media outlets just weeks ago. They have received a fair amount of media attention for their excellent work, but it is rarely in context of report on abuses.

Paying attention the hard-earned victories of women’s rights groups inside and out of Afghanistan is as crucial in the fight for women’s rights in Afghanistan as is bringing to light the many abuses women face. It helps preserve the dignity of women in Afghanistan as fighters, organizers, and advocates, even while many may be victims and survivors as well. It is also these groups who are largely responsible for carrying the voices of abuse survivors to the press and beyond.

And while they’re working to provide safety nets, and communicate their tales of abuse to the world, what they’re asking for policy-wise is surprisingly little. “If people followed the laws that we have properly, there wouldn’t be as much violence as we’re having right now. The government is corrupt and the authorities just aren’t responsible,” says Bahram.

In 2009, advocates were successful in passing the Elimination of Violence Against Women Act, which “strengthens sanctions against various forms of violence against women; including making rape a crime for the first time under Afghan law.” In 2010, Rachel Reid of Human Rights Watch testified in front of the Senate Foreign Relations Committee about the impunity of this law, asking that the US “provide long-term support to the government to embark on a training program for prosecutors, police, and judges to ensure that the Elimination of Violence Against Women law is implemented.”

Despite ongoing impunity of violence against women, Afghan women’s voices and experiences are increasingly being heard around the world. It’s important that these voices are continuously put in context of what is being done and what needs to be done so that things change. That chorus of voices should include both victims and victors. A recent report on women’s boxing in Afghanistan, likely to go largely unnoticed, depicts two sisters, gold and silver medalist world boxing champions, gearing up for the London Olympics.

“I’m very proud of the work that we’re doing in Afghanistan and there has been a change, though it may be very small,” says Bahram. “Afghanistan has had 30 years of war, so it will take at least another 30 years to be back in the place where we once were. The world needs to be patient with Afghanistan.”

Sunday, 28 April 2013

Human Rights in Islam

Since God is the absolute and the sole master of men and the universe, He is the sovereign Lord, the Sustainer and Nourisher, the Merciful, Whose mercy enshrines all beings; and since He has given each human dignity and honor, and breathed into him of His own spirit, it follows that, united in Him and through Him, and apart from their other human attributes, men are substantially the same and no tangible and actual distinction can be made among them, on account of their accidental differences such as nationality, color or race. 

Every human being is thereby related to all others and all become one community of brotherhood in their honorable and pleasant servitude to the most compassionate Lord of the Universe. 

In such a heavenly atmosphere the Islamic confession of the oneness of God stands dominant and central, and necessarily entails the concept of the oneness of humanity and the brotherhood of mankind. Although an Islamic state may be set up in any part of the earth, Islam does not seek to restrict human rights or privileges to the geographical limits of its own state. Islam has laid down some universal fundamental rights for humanity as a whole, which are to be observed and respected under all circumstances whether such a person is resident within the territory of the Islamic state or outside it, whether he is at peace with the state or at war.


The Quran very clearly states:
"O ye who believe! Stand out firmly for Allah, as witnesses to fair dealing, and let not there be hatred of others to make you swerve to wrong and depart from Justice. Be just: that is next to Piety:" and Fear Allah. For Allah is well -acquainted with all that you do." (5:80)
Human blood is sacred in any case and cannot be spilled without justification. And if anyone violates this sanctity of human blood by killing a soul without justification, the Quran equates it to the killing of entire mankind:..... "Who so slays a soul not to retaliate for a soul slain, nor for corruption done in the land, should be as if he had slain mankind altogether."

It is not permissible to oppress women, children, old people, the sick or the wounded. Women's honor and chastity are to be respected under all circumstances. The hungry person must be fed, the naked clothed and the wounded or diseased treated medically irrespective of whether they belong to the Islamic community or are from amongst its enemies.

When we speak of human rights in Islam we really mean that these rights have been granted by God; they have not been granted by any king or by any legislative assembly. The rights granted by the kings or the legislative assemblies, can also be withdrawn in the same manner in which they are conferred. The same is the case with the rights accepted and recognized by the dictators. They can confer them when they please and withdraw them when they wish; and they can openly violate them when they like. 

But since in Islam human rights have been conferred by God, no legislative assembly in the world or any government on earth has the right or authority to make any amendment or change in the rights conferred by God. No one has the right to abrogate them or withdraw them. Nor are they basic human rights which are conferred on paper for the sake of show and exhibition and denied in actual life when the show is over. Nor are they like philosophical concepts which have no sanctions behind them.

The charter and the proclamations and the resolutions of the United Nations cannot be compared with the rights sanctioned by God; because the former is not applicable on anybody while the latter is applicable on every believer. They are a part and parcel of the Islamic Faith. Every Muslim or administrator who claim themselves to be Muslims, will have to accept, recognize and enforce them.
If they fail to enforce them, and start denying the rights that have been guaranteed by God or make amendments and changes in them, or practically violate them while paying lip service to them, the verdict of the Holy Quran for such government is clear and unequivocal:
Those who do not judge by what God has sent down are the disbelievers (5:44).
Human Rights in an Islamic State
1. The Security of Life and Property:
In the address which the Prophet delivered on the occasion of the Farewell Hajj, he said: "Your lives and properties are forbidden to one another till you meet your Lord on the Day of Resurrection". The Prophet has also said about the dhimmis (the non-Muslim citizens of the Muslim state): "One who kills a man under covenant (i.e., Dhimmi) will not even smell the fragrance of Paradise".
2. The Protection of Honor:
The Holy Quran lays down-
  1. You who believe, do not let one (set of) people make fun of another set.
  2. Do not defame one another
  3. Do not insult by using nickname
  4. Do not backbite or speak ill of one another (49:11-12)
3. Sanctity and Security of Private Life:
The Quran has laid down the injunction-
  1. Do not spy on one another
  2. Do not enter any houses unless you are sure of their occupant's consent.
4. The Security of Personal Freedom:
Islam has laid down the principle that no citizen can be imprisoned unless his guilt has been proved in an open court. To arrest a man only on the basis of suspicion and to throw him into a prison without proper court proceedings and without providing him a reasonable opportunity to produce his defense is not permissible in Islam.

5. The Right to Protest Against Tyranny:
Amongst the rights that Islam has conferred on human beings is the right to protest against government's tyranny. Referring to it the Quran says. "God does not love evil talk in public unless it is by some one who has been injured thereby".

In Islam, as has been argued earlier, all power and authority belongs to God, and with man there is only delegated power which becomes a trust; everyone who becomes a recipient or a donee of such a power has to stand in awful reverence before his people towards whom and for whose sake he will be called upon to use these powers. 

This was acknowledged by Hazrat Abu Bakr (May Allah be Pleased with him) who said in his very first address: "Cooperate with me when I am right but correct me when I commit error; obey me so long as I follow the commandments of Allah and His prophet; but turn away from me when I deviate".

6. Freedom of Expression:
Islam gives the right of freedom of thought and expression to all citizens of the Islamic state on the condition that it should be used for the propagation of virtue and truth and not for spreading evil and wickedness. The Islamic concept of freedom of expression is much superior to the concept prevalent in the West. Under no circumstances would Islam allow evil and wickedness to be propagated. It also does not give anybody the right to use abusive or offensive language in the name of criticism. It was the practice of the Muslims to enquire from the Holy Prophet (PBUH) whether on a certain matter a divine injunction had been revealed to him. If he said that he had received no divine injunction, the Muslims freely expressed their opinion on the matter.

7. Freedom of Association:
Islam has also given people the right to freedom of association and formation of parties or organizations. This right is also subject to certain general rules.

8. Freedom of Conscience and Conviction: Islam has laid down the injunction:
There should be no coercion in the matter of faith.On the contrary totalitarian societies totally deprive the individuals of their freedom. Indeed this undue exaltation of the state authority curiously enough postulates a sort of servitude, of slavishness on the part of man. At one time slavery meant total control of man over man - now that type of slavery has been legally abolished but in its place totalitarian societies impose a similar sort of control over individuals.

9. Protection of Religious Sentiments:
Along with freedom of conviction and freedom of conscience Islam has given the right to the individual that his religious sentiments will be given due respect and nothing will be said or done which may encroach upon his right.

10. Protection from Arbitrary Imprisonment:
Islam also recognizes the right of the individual that he will not be arrested or imprisoned for the offences of others. The Holy Quran has laid down this principle clearly: No bearer of burdens shall be made to bear the burden of another.

11. The Right to Basic Necessities of Life:
Islam has recognized the right of the needy people that help and assistance will be provided to them: And in their wealth there is acknowledged right for the needy and the destitute.

12. Equality Before Law:
Islam gives its citizens the right to absolute and complete equality in the eyes of the law.

13. Rulers Not Above the Law:
A woman belonging to a high and noble family was arrested in connection with theft. The case was brought to the Prophet, and it was recommended that she might be spared the punishment of theft. The Prophet replied, "The nations that lived before you were destroyed by God because they punished the common-man for their offences and let their dignitaries go unpunished for their crimes; I swear by Him Who holds my life in His hand that even if Fatima, the daughter of Muhammad, had committed this crime, I would have amputated her hand".

14. The Right to Participate in the Affairs of State:
And their business is (conducted) through consultation among themselves. (42:38). The shura or the legislative assembly has no other meaning except that: The executive head of the government and the members of the assembly should be elected by free and independent choice of the people.

Lastly, it is to be made clear that Islam tries to achieve the above-mentioned human rights and many others not only by providing certain legal safeguards but mainly by inviting mankind to transcend the lower level of animal life to be able to go beyond the mere ties fostered by the kinship of blood, racial superiority, linguistic arrogance, and economic privileges. It invites mankind to move on to a plane of existence where, by reason of his inner excellence, man can realize the ideal of the Brotherhood of man.

SOCIAL RIGHTS : Women's Rights Movement

SOCIAL RIGHTS : Women's Rights Movement: A Timeline of the Women's Rights Movement 1848 - 1998 1848 The world's first women's rights convention is held in Seneca ...

Men’s Right to Divorce

ON Aug 29, I wrote an article discussing a case in which an appeals court in Virginia decided that a Pakistani American woman had not fulfilled all the requirements of divorce because her husband’s oral pronunciation of divorce had not been registered with the local union council/district registration office.

The woman’s first husband had divorced her verbally and sent her back home to her parents. She believed herself divorced. When she remarried she did not disclose the earlier marriage to her new husband and they moved to the United States.

A few years later, she and her second husband also chose to divorce. According to the court record, while on a visit to Pakistan the second husband found out about the previous divorce. He now alleged to the court in Virginia that since his wife had never registered the divorce, she was still married to her first husband under Pakistani law.

He insisted that oral pronouncements of talaq or divorce had to be registered with the local union council or district registration office within 90 days. To prove his case, he provided the text of the Muslim Family Law Ordinance, 1961.

The court in Virginia believed the man and his assertions regarding Pakistani law and he was awarded an immediate annulment. On this basis, he managed to sidestep divorce proceedings, thus avoiding the division of marital property with his wife or any support etc that may have been due to her under US law.

Pakistani law, the Virginia court stated, based on a literal reading of the statute provided to them, was clear, saying in Section 7 that “Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the chairman a notice in writing of his having done so, and shall supply a copy thereof to the wife”. No notice means no divorce.

After the publication of the article I received many letters regarding the issue of whether or not a notice to the council is required for the endorsement of an oral pronunciation of talaq in Pakistan. In several cases, wives were unsure of whether the lack of registration was in itself a revocation of the oral pronunciation; in other cases women and their families wondered how to effectively register a divorce when the husband himself had failed to do so.

It seems the issue of notice as a requirement fell squarely, as it were, on the fault line between what is required for the state to adjudicate on marital disputes and the bare minimum required for validating religious pronouncements in civil courts.

Unsurprisingly, much of the legal confusion dates back to the Objectives Resolution that, appended to the constitution of Pakistan, directs explicit conformity with the doctrine of the Quran and Sunnah without explaining the consequences this would have in cases where form and intent were not easily aligned.

In this case, the court in Virginia was simply wrong. According to Dr Parvez Hassan, a legal scholar and practitioner who has worked on the issue for several years, the issue of whether notice of an oral pronouncement of divorce further requires registration with local authorities is one that has long confounded as to the effects of the registration requirements, their intent and implication on the rights otherwise provided to men.

The conflict centres on those who argue that the registration requirement can itself be considered a violation of Islam because it adds an additional requirement (registration) that is not otherwise necessary to the act of repudiating a marriage. Others insist that the issue be judged on the basis of the ‘intent’ of the registration requirement which would be to deter the treatment of divorce as a light matter, maintaining the sanctity and seriousness of the marital relationship.

The second position was upheld by the Pakistan Supreme Court in 1963 Nawaz Gardezi v Yousuf Ali where Section 7 and the registration requirement of the Muslim Family Law Ordinance of 1961 was found to enact a “machinery of conciliation whereby a husband wishing to divorce his wife unilaterally may be enabled to think better of it, if the mediation of others can resolve the differences between the spouses”.

Later courts changed their minds, and the intention of the registration provision has since been brought into question by both the Shariat Appellate Bench of the Pakistan Supreme Court and the Federal Shariat Court. The latter pronounced in Allah Rakha v Federation of Pakistan PLD 2000 that “subsection (3) and subsection (5) of Section 7 of the Muslim Family Laws Ordinance, 1961, are repugnant to the injunctions of Islam”.

While that case is currently pending appeal by the Shariat Bench of the Pakistan Supreme Court, the latter has followed the same track, saying in Zahida Shaheen v The State (1994) that “failure to send a notice to chairman of the local council does not render the divorce ineffective”.

As it exists today, then, failure to register a verbal divorce with the council does not invalidate the act. The confusion over the notice, however, reveals a deep conflict between the intent of the law and the acceptability of its sources.

Most religious clerics in Pakistan would agree that within Islam’s legal and ethical constructions divorce is a matter to be taken seriously and reconciliation between estranged spouses is a worthy aim. Despite these assertions, though, their insistence against the validity of the registration requirement of the Muslim Family Law Ordinance, 1961, and its attempt to position the state as a buffer between the couple, stubbornly prioritise form over function, protecting the marriage and family by making divorce more than an act of three vocalised sentences.

The right of a man to divorce without any checks is thus deemed more important than the state or society’s interest in ensuring the longevity and stability of marriage.

Women in the Quran and the Sunnah

Prof. 'Abdur Rahman I. Doi
In Islam there is absolutely no difference between men and women as far as their relationship to Allah is concerned, as both are promised the same reward for good conduct and the same punishment for evil conduct. The Quran says:

"And for women are rights over men similar to those of men over women." [Noble Quran 2:228]
The Quran, in addressing the believers, often uses the expression, 'believing men and women' to emphasize the equality of men and women in regard to their respective duties, rights, virtues and merits. It says:

"For Muslim men and women, for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who fast, for men and women who guard their chastity, and for men and women who engage much in Allah's praise, for them has Allah prepared forgiveness and great reward." [Noble Quran 33:35]

This clearly contradicts the assertion of the Christian Fathers that women do not possess souls and that they will exist as sexless beings in the next life. The Quran says that women have souls in exactly the same way as men and will enter Paradise if they do good:

"Enter into Paradise, you and your wives, with delight." [Noble Quran 43:70]
"Who so does that which is right, and believes, whether male or female, him or her will We quicken to happy life." [Noble Quran 16:97]

The Quran admonishes those men who oppress or ill-treat women:
"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." [Noble Quran 4:19]

Considering the fact that before the advent of Islam the pagan Arabs used to bury their female children alive, make women dance naked in the vicinity of the Ka'bah during their annual fairs, and treat women as mere chattels and objects of sexual pleasure possessing no rights or position whatsoever, these teachings of the Noble Quran were revolutionary. Unlike other religions, which regarded women as being possessed of inherent sin and wickedness and men as being possessed of inherent virtue and nobility, Islam regards men and women as being of the same essence created from a single soul. The Quran declares:

"O mankind! Reverence your Guardian-Lord, who created you from a single person, created, of like nature, his mate, and from this pair scattered (like seeds) countless men and women. Reverence Allah, through Whom you demand your mutual (rights), and reverence the wombs (that bore you); for Allah ever watches over you." [Noble Quran 4:1]

The Prophet of Islam (peace and blessings be upon him) said, "Women are the twin halves of men."

The Quran emphasizes the essential unity of men and women in a most beautiful simile:

"They (your wives) are your garment and you are a garment for them." [Noble Quran 2:187]

Just as a garment hides our nakedness, so do husband and wife, by entering into the relationship of marriage, secure each other's chastity. The garment gives comfort to the body; so does the husband find comfort in his wife's company and she in his. "The garment is the grace, the beauty, the embellishment of the body, so too are wives to their husbands as their husbands are to them." Islam does not consider woman "an instrument of the Devil", but rather the Quran calls her Muhsana - a fortress against Satan because a good woman, by marrying a man, helps him keep to the path of rectitude in his life. It is for this reason that marriage was considered by the Prophet Muhammad (peace and blessings be upon him) as a most virtuous act. He said: "When a man marries, he has completed one half of his religion." He enjoined matrimony on Muslims by saying: "Marriage is part of my way and whoever keeps away from my way is not from me (i.e. is not my follower)." The Quran has given the raison d'être of marriage in the following words:

"And among His signs is this, that He has created for you mates from among yourselves, that you may dwell in tranquility with them; and He has put love and mercy between you. Verily in that are signs for those who reflect." [Noble Quran 30:21]

The Prophet Muhammad (peace and blessings be upon him) was full of praise for virtuous and chaste women. He said:

"The world and all things in the world are precious but the most precious thing in the world is a virtuous woman. He once told the future khalifah, 'Umar: "Shall I not inform you about the best treasure a man can hoard? It is a virtuous wife who pleases him whenever he looks towards her, and who guards herself when he is absent from her."

On other occasions the Prophet said:

"The best property a man can have is a remembering tongue (about Allah), a grateful heart and a believing wife who helps him in his faith." And again: "The world, the whole of it, is a commodity and the best of the commodities of the world is a virtuous wife."

Before the advent of Islam women were often treated worse than animals. The Prophet wanted to put a stop to all cruelties to women. He preached kindness towards them. He told the Muslims: "Fear Allah in respect of women." And: "The best of you are they who behave best to their wives." 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."

The Prophet (peace and blessings be upon him) was most emphatic in enjoining upon Muslims to be kind to their women when he delivered his famous khutbah on the Mount of Mercy at Arafat in the presence of one hundred and twenty-four thousand of his Companions who had gathered there for the Hajj al-Wada (Farewell Pilgrimage). In it he ordered those present, and through them all those Muslims who were to come later, to be respectful and kind towards women. He said:

"Fear Allah regarding women. Verily you have married them with the trust of Allah, and made their bodies lawful with the word of Allah. You have got (rights) over them, and they have got (rights) over you in respect of their food and clothing according to your means."

In Islam a woman is a completely independent personality. She can make any contract or bequest in her own name. She is entitled to inherit in her position as mother, as wife, as sister and as daughter. She has perfect liberty to choose her husband. The pagan society of pre-Islamic Arabia had an irrational prejudice against their female children whom they used to bury alive. The Messenger of Allah (peace and blessings be upon him) was totally opposed to this practice. He showed them that supporting their female children would act as a screen for them against the fire of Hell:

It is narrated by the Prophet's wife, Ayshah, that a woman entered her house with two of her daughters. She asked for charity but Ayshah could not find anything except a date, which was given to her. The woman divided it between her two daughters and did not eat any herself. Then she got up and left. When the Prophet (peace and blessings be upon him) came to the house, Ayshah told him about what had happened and he declared that when the woman was brought to account (on the Day of Judgment) about her two daughters they would act as a screen for her from the fires of Hell.

The worst calamity for a woman is when her husband passes away and, as a widow, the responsibility of maintaining the children falls upon her. In the Eastern World, where a woman does not always go out to earn her living, the problems of widowhood are indescribable. The Prophet Muhammad (peace and blessings be upon him) upheld the cause of widows. Most of his wives were widows. In an age when widows were rarely permitted to remarry, the Prophet encouraged his followers to marry them. He was always ready to help widows and exhorted his followers to do the same. Abu Hurayrah reported that the Prophet said: "One who makes efforts (to help) the widow or a poor person is like a Mujahid (warrior) in the path of Allah, or like one who stands up for prayers in the night and fasts in the day."

Woman as mother commands great respect in Islam. The Noble Quran speaks of the rights of the mother in a number of verses. It enjoins Muslims to show respect to their mothers and serve them well even if they are still unbelievers. The Prophet states emphatically that the rights of the mother are paramount. Abu Hurayrah reported that a man came to the Messenger of Allah (peace and blessings be upon him) and asked: "O Messenger of Allah, who is the person who has the greatest right on me with regards to kindness and attention?" He replied, "Your mother." "Then who?" He replied, "Your mother." "Then who?" He replied, "Your mother." "Then who?" He replied, "Your father."

In another tradition, the Prophet advised a believer not to join the war against the Quraish in defense of Islam, but to look after his mother, saying that his service to his mother would be a cause of his salvation. Mu'awiyah, the son of Jahimah, reported that Jahimah came to the Prophet (peace and blessings be upon him) and said, "Messenger of Allah! I want to join the fighting (in the path of Allah) and I have come to seek your advice." He said, "Then remain in your mother's service, because Paradise is under her feet."

The Prophet's followers accepted his teachings and brought about a revolution in their social attitude towards women. They no longer considered women as mere chattels, but as an integral part of society. For the first time women were given the right to have a share in inheritance. In the new social climate, women rediscovered themselves and became highly active members of society rendering useful service during the wars which the pagan Arabs forced on the emerging Muslim Ummah. They carried provisions for the soldiers, nursed them, and even fought alongside them if it was necessary. It became a common sight to see women helping their husbands in the fields, carrying on trade and business independently, and going out of their homes to satisfy their needs.

Ayshah reported that Saudah bint Zam'ah went out one night. 'Umar saw her and recognized her and said, "By God, O Saudah, why do you not hide yourself from us?" She went back to the Prophet (peace and blessings be upon him) and told him about it while he was having supper in her room, and he said, "It is permitted by Allah for you to go out for your needs." The predominant idea in the teachings of Islam with regard to men and women is that a husband and wife should be full-fledged partners in making their home a happy and prosperous place, that they should be loyal and faithful to one another, and genuinely interested in each other's welfare and the welfare of their children. A woman is expected to exercise a humanizing influence over her husband and to soften the sternness inherent in his nature. A man is enjoined to educate the women in his care so that they cultivate the qualities in which they, by their very nature, excel.

These aspects were much emphasized by the Prophet (peace and blessings be upon him). He exhorted men to marry women of piety and women to be faithful to their husbands and kind to their children. He said:

"Among my followers the best of men are those who are best to their wives, and the best of women are those who are best to their husbands. To each of such women is set down a reward equivalent to the reward of a thousand martyrs. Among my followers, again, the best of women are those who assist their husbands in their work, and love them dearly for everything, save what is a transgression of Allah's laws."

Once Mu'awiyah asked the Prophet (peace and blessings be upon him), "What are the rights that a wife has over her husband?" The Prophet replied, "Feed her when you take your food, give her clothes to wear when you wear clothes, refrain from giving her a slap on the face or abusing her, and do not separate from your wife, except within the house." Once a woman came to the Prophet with a complaint against her husband. He told her: "There is no woman who removes something to replace it in its proper place, with a view to tidying her husband's house, but that Allah sets it down as a virtue for her. Nor is there a man who walks with his wife hand-in-hand, but that Allah sets it down as a virtue for him; and if he puts his arm round her shoulder in love, his virtue is increased tenfold." Once he was heard praising the women of the tribe of Quraish, "...because they are the kindest to their children while they are infants and because they keep a careful watch over the belongings of their husbands."

The Shari'ah regards women as the spiritual and intellectual equals of men. The main distinction it makes between them is in the physical realm based on the equitable principle of fair division of labor. It allots the more strenuous work to the man and makes him responsible for the maintenance of the family. It allots the work of managing the home and the upbringing and training of children to the woman, work which has the greatest importance in the task of building a healthy and prosperous society.

It is a fact, however, that sound administration within the domestic field is impossible without a unified policy. For this reason the Shari'ah requires a man, as head of the family, to consult with his family and then to have the final say in decisions concerning it. In doing so he must not abuse his prerogative to cause any injury to his wife. Any transgression of this principle involves for him the risk of losing the favor of Allah, because his wife is not his subordinate but she is, to use the words of the Prophet (peace and blessings be upon him), 'the queen of her house', and this is the position a true believer is expected to give his wife. In contrast to these enlightened teachings of Islam in respect of women, Western talk of women's liberation or emancipation is actually a disguised form of exploitation of her body, deprivation of her honor, and degradation of her soul!

The Quran and the Rights of Women

We are often told that the Quran is an anti-female book, that it oppresses women, and has rules and regulations that effectively take away their right. Indeed, the sad irony to this is that nothing could be further than the truth, the Quran uplifted the status of women, recognized their rights, as well as their status. The purpose of this article it to establish these facts, that the Quran uplifted their status and gave them rights etc.

We start with the first proof, and some might fight this amazing, but the Quran came up with a new ruling that BANNED THE KILLING OF FEMALE DAUGHTERS, the Quran essentially made a law granting female children the right to live! This might sound quite surprising to some, but during the pre-Islamic days of Arabia, the people used to practice a very backward barbaric tradition of burying their female daughters alive! Many of the people did not want to have a female daughter, but rather a male son who would continue the line of the family, and it was something like a shame and dishonor to have a female child. So the Quran got rid of this barbaric act when it mentioned the following:

When news is brought to one of them, of (the birth of) a female (child), his face darkens, and he is filled with inward grief! ith shame does he hide himself from his people, because of the bad news he has had! Shall he retain it on (sufferance and) contempt, or bury it in the dust? Ah! what an evil (choice) they decide on? (16:57-58)

So here the Quran talks about how the pagans used to deal with the birth of a female daughter, they become grieved, their face darkens, and they feel shamed. After this they go on to think about whether they should retain the child, or bury it alive, and as the Quran says, what an evil decision this is.

And in another Quranic reference we read the following:

When the female (infant), buried alive, is questioned, for what crime she was killed (81:8-9)
Ibn Kathir, a well known famous interpreter of the Quran writes the following concerning the above:

(And when the female infant (Al-Maw'udah) buried alive is questioned: For what sin was she killed) The majority have recited it as Su'ilat (she is questioned), as it is here. Al-Maw'udah is the female infant that the people of the pre-Islamic time of ignorance would bury in the dirt due to their hatred of girls. Therefore, on the Day of Judgement, the female infant will be asked what sin she committed that caused here to be murdered. This will be a means of frightening her murderer. For verily, if the one who was wronged is questioned, what does the wrongdoer (the one who is guilty of the oppression) think then `Ali bin Abi Talhah reported that Ibn `Abbas said, (And when the female infant (Al-Maw'udah) buried alive Su'ilat:) "This means that she will ask.'' Abu Ad-Duha made a similar statement when he said, "She will ask, meaning she will demand restitution for her blood.'' The same has been reported from As-Suddi and Qatadah. Hadiths have been reported concerning the Maw'udah.

So one has to logically ask the following: How can Islam be against the rights of women when it came and abolished the practice of killing young female daughters? Islam gave young females THE RIGHT TO LIVE, and by doing so, it averted the genocide and murder of millions upon millions of innocent women. Islam should be commended and praised for this; this alone is enough to establish the proof that Islam is a religion that completely respects the value and rights of women.

The practice of burying female daughters alive was not the only oppression committed by the pagans against the women, among other things they did was not allowing the woman the choice to marry whom she wills, on many occasions a female would be married off against her will, and her consultation was not even needed nor did anyone care about it. On top of that there were no rules and regulations on how the wife should be treated within the marriage, if the husband saw it fit to treat her badly then it was up to him, there was no set rule that prohibited him from doing so! Can you imagine that? A society in which women have no say in who they marry, and have no rights within the marriage itself? The Quran completely got rid of these ways when it revealed the following noble verse:

O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may Take away part of the dower ye have given them,-except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good. (4:19)

So according to the above verse, Muslim men were forbidden from inheriting women against their will, and not only were they forbidden from inheriting against their will, they were also forbidden from treating them harshly, meaning badly! On the contrary they were commanded to treat the women with kindness and equity! Hence a clear set of established rules were made 1) women should not be forced into a marriage, 2) women have the right to be treated properly and kindly within the marriage, and it is forbidden to treat them badly.
Also logically if a man cannot inherit a women against her will, he cannot keep her in marriage against her will, thus granting her the right of a divorce. With the ruling of divorce, Islam established new laws and rights for women, for instance in the pre-Islamic days of Arabia, women were not entitled to an alimony, there was no set fixed law or rule that established this. An alimony is basically the maintenance of a women after the divorce, that the former husband still looks after her in a reasonable manner etc. The Quran established alimony in several verses:

For divorced women Maintenance (should be provided) on a reasonable (scale). This is a duty on the righteous. (2:241)

Mothers shall suckle their children for two whole years; (that is) for those who wish to complete the suckling. The duty of feeding and clothing nursing mothers in a seemly manner is upon the father of the child. No-one should be charged beyond his capacity. A mother should not be made to suffer because of her child, nor should he to whom the child is born (be made to suffer) because of his child. (2:233)

In fact, not only did Islam grant women the right of an alimony (maintenance after a divorce), it also granted them the right to an inheritance, something they were not entitled to in the pre-Islamic days. We read in the Quran:

From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large,-a determinate share. (4:7)
In what ye leave, their (the widow) share is a fourth, if ye leave no child; but if ye leave a child, they get an eighth; after payment of legacies and debts. (4:12)

So women were given the right of an inheritance, including the widow as we saw in chapter 4 verse 12, interestingly enough, chapter four verse 7 also allows women to inherit property, meaning they would now own the property for themselves, this in itself was ANOTHER right given to the females: The right to own property. This right was not established or fixed in the law for the females in the pre-Islamic days, there was no rule saying females have a God given right to own land, hence Islam came and gave them this right.

Not only did Islam grant all of these logistical rights to women, it also granted them rights to protect their honor and status within society. For instance the Quran commands the punishment of anyone making false accusations against the chastity of a woman:
And those who launch a charge against chaste women, and produce not four witnesses (to support their allegations),- flog them with eighty stripes; and reject their evidence ever after: for such men are wicked transgressors;- (24:4)

So the honor and dignity of women was now protected by law, if you made an accusation against them with no evidence whatsoever, you would be punished for doing so. Not only did the Quran prevent false accusations against women, it also prevented the male bias of society when it revealed the following verses as well:

As for those who accuse their wives but have no witnesses except themselves; let the testimony of one of them be four testimonies, (swearing) by Allah that he is of those who speak the truth; And the fifth (oath) (should be) that they solemnly invoke the curse of Allah on themselves if they tell a lie. But it would avert the punishment from the wife, if she bears witness four times (with an oath) By Allah, that (her husband) is telling a lie; And the fifth (oath) should be that she solemnly invokes the wrath of Allah on herself if (her accuser) is telling the truth. (24:6-9)

So according to the above verses, if a husband accuses his wife of cheating on him, and he has no witness but himself, his own testimony counts as 4 witnesses, and he must make a fifth oath that invokes the curse of God upon himself if he is telling a lie. Likewise, his accusation can be thrown out if the wife herself testifies that she is innocent, and she testifies four times, with a fifth being an oath to God to curse her if she is lying. Hence the male bias is clearly thrown away, as in the pre-Islamic days, the man always had the upper hand and say over a woman, if he said something against her and made an accusation, his word was taken and that was it, yet Islam says that a wife can testify to her innocence, and if she does so, then she is innocent and there is no case at all against her! According to this Quranic verse, the testimony of the female trumps the testimony of a male; her testimony has more value to his!

Last but not least, the Quran explicitly put both men and women on an equal footing when it stated:
For Muslim men and women,- for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in Charity, for men and women who fast (and deny themselves), for men and women who guard their chastity, and for men and women who engage much in Allah's praise,- for them has Allah prepared forgiveness and great reward. (33:35)

So as the above verse clearly emphasizes, men and women are on a level playing field, both believing men and women are entitled to paradise and salvation if they are devout, constant, humble, charitable, fast, chaste, and praise God. This is applied equally to both of them; there is no distinction between the two, for one, and not the other.

So with all of this information how can anyone claim that the Quran is against the rights and status of women? The Quran greatly improved the rights and status of women, the Quran is not an anti-women book, it is a very pro woman book, standing up for them, and this is precisely why the largest amount of converts to Islam are WOMEN!

And Allah Knows Best!