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Misconceptions On Human Rights In Islam
by: Abdulrahman
A. Al-Sheha.
Original language: Arabic.
Rendered into english by: Dr. Mohammed Said
Dabas.
Publishing house: Islamic
Propagation Office in RABWAH P.O.Box 29465 Riyadh
11457.
Publishing date: 1422H/2001G.
ISBN: 9660-39053.
Printed on the expense of: Faisl Al-Samannoudi
(may Allah forgive him and his parent).
Press via: Safir
Press, Tel:+966-1-4980780. |
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Physical Protection
Human life is very important in Islam. The human being must be
protected, preserved and given full dues. For this very
reason, Islam dictated equal punishment and retaliation or
retribution unto individuals who harm others infringing any
harm on any person. Islam commands to kill a pre-determined
and premeditating criminal who kills an innocent person or
soul. However, un-intentional killing has a separate sentence.
In such events, the family, or the heirs of the killed victim
are given a Diyyah; blood money in substitution of the soul of
the victim. On the other hand, atonement is paid in other
cases. The atonement is to free a Muslim slave and if this is
not available, then fast two consecutive months. All such
penalties are imposed in order to preserve the Muslim soul.
None has the right to tamper with people's lives, possession
or estate for no legitimate reason. All oppressing or abusing
individuals must be warned against unjust killing, victimizing
or harassing other innocent members of the Islamic society.
Furthermore, if an abuser, criminal or killer knows for sure
that he will be killed in retaliation for his homicide, he has
no permission to proceed and carry out his plan of homicide.
If the retaliation is not the same kind of the crime itself, a
criminal person will not care, or take heed of the crime he
intends to do. Similarly, all other Corpal punishments have
the same rationales. The punishment corresponds to type of the
crime. That is what Islam sets out. All Corpal punishments are
oriented to perpetuate the preservation of the human life and
possessions in an Islamic society. The Almighty Allah states
in the Glorious Qur'ân Sura Baqara [The Cow] 2:179 the meaning
of which is translated as:“
In the law of Equality there is (saving of) Life to you, Oh
you men of understanding; that you may restrain yourselves”.
Islam does
not stop at this point by inflicting only the worldly penalty
for an intentional killer. Such a criminal is yet to face
further penalty in the Hereafter. The penalty of the Hereafter
will be the Wrath of the Almighty Allah, which he will receive
in addition to severe punishment and torment. The Almighty
Allah states in the Glorious Qur'ân Sura Nisa [Women] 4:9 the
meaning of which is translated as:“
If a man kills a Believer intentionally, his recompense is
Hell, to abide therein (forever): and the Wrath and the Curse
of Allah are upon him, and a dreadful penalty is prepared for
him”.
In regard to
human life, Islam has imposed certain specific duties on every
one. The following are some of these duties:
- Man does not possess his soul or his own body but rather
it is entrusted to him on a temporary basis. Therefore, man
is not entitled to torture it or cause any harms, purposely,
to it. This life is only to be given in sacrifice for the
cause of the Almighty Allah. Islam, therefore, bans any type
of suicidal crime or anything leading to it. The Almighty
Allah states in the Glorious Qur'ân Sura Nisa [Women] 4:29
the meaning of which is translated as:“
Oh you who believe! Eat not up your property among
yourselves in vanities: but let there be among you traffic
and trade by mutual good-will: nor kill (or destroy)
yourselves: for verily Allah has been to you Most Merciful!”.
- Man must maintain a proper nutrition care to satisfy and
satisfy minimum requirements that is essential for a decent
living. Man, therefore is not allowed to deprive himself of
permissible food, drinks, clothing, marriage and proper
care. The Almighty Allah states in the Glorious Qur'ân Sura
Aaraf [The Heights] 7:32 the meaning of which is translated
as:“
Say: Who has forbidden the beautiful (gifts) of Allah, which
He has produced for His servants, and the things, clean and
pure, (which He has provided) for sustenance? Say, they are,
in the life of this world, for those who believe, (and)
purely for them on the Day of Judgment. Thus do We explain
the Signs in detail for those who understand”.
- In fact, the Almighty Allah denied the fact that the
Prophet (peace and blessings of Allah be upon him)banning
himself to eat any honey in order to please one of his
wives. The Almighty Allah states in the Glorious Qur'ân Sura
Tahreem (Forbidding) 66:1 the meaning of which is translated
as:“
Oh Prophet! Why hold you to be forbidden that which Allah
has made lawful to you? You seek to please your consorts but
Allah is Oft-Forgiving, Most Merciful”.
However, it is expected that mankind would be neither stingy
nor extravagant. Policy of moderation is commendable. Man may,
and rather should, enjoy the lawful bounties offered by the
Almighty Allah to man on earth, but as pointed out, in
moderation. Man should be neither excessive nor niggard even
in lawful items. Moderation is the best and most pleasing
approach in this regard. Moderation must be done within the
limits and framework of the Islamic laws and constraints. The
Almighty Allah states in the Glorious Qur'ân Sura Aaraf (The
Heights) 7:31 the meaning of which is translated as:“
Oh Children of Adam! Wear your beautiful apparel at every time
and place of prayer: eat and drink: but waste not by excess,
for Allah loves not the wasters”.
Islam forbids
man to neglect his physical needs that are required for a
decent life. Sadism is not tolerated, condoned, allowed or
acceptable in Islam. Man is not allowed to torture his own
body, even if this is done in any form of worship of the
Almighty Allah. The Almighty Allah states in the Glorious
Qur'ân Sura Baqara [The Cow] 2:286 the meaning of which is
translated as:“
On no soul does Allah place a burden greater than it can bear.
It gets every good that it earns, and it suffers every ill
that it earns”.
It is further
reported that Anas bin Malik (may Allah be pleased with him)
said that, 'Three men came to the Prophet's (peace and
blessings of Allah be upon him)house. They inquired about the
manners and the amount of worship that Allah's Messenger
(peace and blessings of Allah be upon him) does and maintains
while in his own home. When these folks were informed about
the reply, as if they belittled the amount of worship reported
to them. These men said to each other, 'We are so little in
comparison with the Prophet (peace and blessings of Allah be
upon him). The Almighty Allah has forgiven and pardoned
completely all the sins of the Prophet (peace and blessings of
Allah be upon him) and wiped the previous and the future sins.
Based on this, one of the three men declared, 'I shall not
sleep any minute during the nights. I shall stand up and spend
the entire night in prayers.' The second man declared, 'As for
me, I shall never, from now on, (until I die) break a day of
fast. I shall fast the rest of my entire life (in worship of
Allah).' As for the third man, he declared, 'As for me, I
shall never marry women during my entire life (consequently,
he will not have any sexual activities at all and chaste
himself in worship)'. Anas (may Allah be pleased with him)
continued, 'Allah's Messenger (peace and blessings of Allah be
upon him) came by and listened to what these people vowed to
do. He r commented as follows, 'Are you the three people who
said such and such?' They replied positively. Thus, Allah's
Messenger (peace and blessings of Allah be upon him) said:“
As far as I am concerned, I am the most God-fearing and
mindful person among you. However, I offer (some) prayers
during the night and I also sleep, I observe fast for some
days, and break the fast on other days (of the eleven months
outside the month of Ramadan) and I marry. Whosoever deviates
from my Sunnah practices does not belong to me (in faith)”[29].
In terms of responsibility and the performance of a religious
duty, human mind assumes pivotal accountability. Islam,
therefore, bans all harmful substances, drugs, intoxicants and
the like having negative impact on the mind. The word alcohol,
in Arabic, is derived from preventing the brain from
functioning properly. Alcohol is considered according to Islam
the core of all vices. For it provides disastrous results to
the users. Islam sets forth a whipping penalty to the person
who uses alcoholic beverages. Consequently, if the brain is
preserved in a sober and good functioning condition, then the
health will be preserved, the wealth will be properly
maintained and the protected items will be also looked after
properly. All other destructive items may be also added under
this class or category of alcoholism. The Almighty Allah
states in the Glorious Qur'ân Sura Maidah [The Table] 5:90, 91
the meaning of which is translated as:“
Oh you who believe! Intoxicants and gambling, (dedication of)
stones, and (divination by) arrows, are an abomination of
Satan's handiwork: eschew such (abomination), that you may
prosper.Satan's plan is (but) to excite enmity and hatred
between you, with intoxicants and gambling, and hinder you
from the remembrance of Allah and from prayer: will you not
then abstain?”.
In fact,
Islam applies stringent rules in order to ban alcohol in the
Islamic society once and for all. Islam forbids the
manufacturing of any alcohol beverages, earning any income
from the sale of alcohol. Moreover, Islam discourages to
promote such alcoholic beverages at all in the Islamic
society, even if the promoter or salesperson himself does not
either drink it or use it. This prohibition is based on the
Hadith of Allah's Messenger (peace and blessings of Allah be
upon him):“
alcohol is cursed, the drunkard of alcoholic beverages is also
cursed, the bartender who offers people or serves people to
drink alcoholic beverages is also cursed, the seller of the
alcoholic beverages is also cursed, the purchaser of alcoholic
beverages is also cursed, the squeezers of the grapes to make
it into alcoholic beverages is also cursed, the courier (or
the carrier) of the alcoholic beverages is also cursed, the
person who requests others to carry alcoholic beverages to
bring them to him is also cursed, and the person who benefits
from the price collected on the sale of alcoholic beverages is
also cursed”[30].
Islam prohibits all types of adultery and fornication. Yet, it
has banned all activities that lead to commit such a heinous
crime against self, others and the entire society. On this
point, Islam concurs with previous divine religions. Islam,
however, went further towards this direction. Islam banned any
act that may lead to committing such a crime against the
humanity. Islam banned unlawful look at a female, or a male
that may attract a person from a different sex. Further, Islam
bans a man and a woman who are not related to each other and
can marry to be alone, or in seclusion from public. Likewise,
Islam bans the lustful touches of the two opposite sexes.
Furthermore, Islam bans the mingling of the two opposite
sexes. This closes all the possible avenues of committing
adultery or fornication of any type. This is based on the
verse in the Glorious Qur'ân Sura Isra [The Night Journey]
17:32 the meaning of which is translated as:“
Nor come nigh to adultery: for it is a shameful (deed) and an
evil, opening the road (to other evils)”.
It is also
based on another verse of the Glorious Qur'ân Sura Anam
[Cattle] 6:151 the meaning of which is translated as:“
Say: Come, I will rehearse what Allah has (really) prohibited
you from: join not anything as equal with Him; be good to your
parents; kill not your children on a plea of want - We provide
sustenance for you and for them - come not nigh to shameful
deeds, whether open or secret; take not life, which Allah has
made sacred, except by way of justice and law: thus does He
command you, that you may learn wisdom”.
Therefore,
Islam sets a Corpal punishment for a bachelor male or female
who commits fornication. The Almighty Allah states in the
Glorious Qur'ân Sura Nur [The Light] 24:2 the meaning of which
is translated as:“
The woman and the man guilty of adultery or fornication flog
each of them with a hundred stripes: let not compassion move
you in their case, in a matter prescribed by Allah, if you
believe in Allah and the Last Day: and let a party of the
Believers witness their punishment”.
Allah's
Messenger (peace and blessings of Allah be upon him) further
expounded the graveness of the crime of adultery saying:“
There is no greater sin (in the Sight of Allah (subhanahu wa
ta'ala) and Islam) after the sin of associating others in the
worship of Allah (subhanahu wa ta'ala). (that is more flagrant
in the Sight of Allah (subhanahu wa ta'ala) ) than placing a
semen in a private part of a woman who is not lawful for the
man to place there”[31].
As for the
married male or female who commits adultery, while being
married, or after divorcing one's spouse, the penalty for such
a criminal person is to stone to death. The criterion to apply
this Corpal punishment, however, is to meet one of the
following conditions:
- 1. Confession:
This means that both, male and female, confess their crime
openly and publicly before the Muslim Judge or ruler.
Punishment, in this case, is not executed immediately and
from the first instant of being reported. The offenders are
given the chance to review their confession and admission of
sin. If they insist repeatedly, several times this Corpal
punishment is executed.
- 2.Testimony of the witnesses:
It means the witnesses of four fair, trustworthy, honest and
sound people who report seeing the adulterers in action.
These witnesses must state the minute details of seeing and
witnessing the detailed intercourse. Of course, such a scene
is very rare to come by as most reasonable and normal people
have their intercourse in full privacy and behind closed
doors, or rather properly locked and secret places.
Therefore, seeing a crime of adultery in action is almost
impossible under normal conditions and circumstances. In
fact, the history of Islam recorded two or three instances
of confession on crimes of adultery. The individuals, who
committed such a flagrant crime and openly confessed their
crime was because of their clean conscious and strong faith
in Allah (subhanahu wa ta'ala). They wished to be penalized
in the world and be protected in the Hereafter. However, if
the actual intercourse does not fully take place, there will
be no application of Corpal punishment. For instance, if a
person, male or female only kisses, hugs or touches the
private parts of the other person, without actually
committing adultery or fornication, this Corpal punishment
will not be applicable to them.
Islam further establishes a penalty of false accusation to a
person who accuses another person for committing adultery or
fornication, but does not produce tangible evidence to support
his claim and accusation. Such a false accuser will be given
eighty lashes for his/her false accusation. This is based on
the verse in the Glorious Qur'ân Sura Nur [The Light] 24:4 the
meaning of which is translated as:“
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”.
Furthermore,
Islam prohibits all derogatory acts that violate the honor,
dignity and respect of Muslims in the community. This is based
on the verse in the Glorious Qur'ân Sura Hujurat [The
Chambers] 49:11,12 the meaning of which is translated as:“
Oh you who believe! Let not some men among you laugh at
others: it may be that the (latter) are better than the
(former): nor let some women laugh at others: it may be that
the (latter) are better than the (former): nor defame nor be
sarcastic to each other, nor call each other by (offensive)
nicknames: ill-seeming is a name connoting wickedness, (to be
used of one) after he has believed: and those who do not
desist are (indeed) doing wrong. Oh you who believe! Avoid
suspicion as much (as possible): for suspicion in some cases
is a sin: and spy not on each other, nor speak ill of each
other behind their backs. Would any of you like to eat the
flesh of his dead brother? Nay, you would abhor it. However,
fear Allah: for Allah is Oft-Returning, Most-Merciful”.
This is also
based on another verse of the Glorious Qur'ân Sura Nisa
[Women] 4:112 the meaning of which is translated as:“
But if any one earns a fault or a sin and throws it on to one
that is innocent, he carries (on himself) (both) a falsehood
and a flagrant sin”.
Islam has protected personal wealth. Islam imposes very strict
penalties against thefts and thieves. This is done with the
idea of ensuring protection to the wealth of the individuals,
their ownership and personal assets. Therefore, Islam imposes
the Corpal punishment of cutting off the hand of the thief who
steals the belonging of others. The Almighty Allah states in
the Glorious Qur'ân Sura Maidah [The Table] 5:38 the meaning
of which is translated as:“
As to the thief, male or female, cut off his or her hands: a
punishment by way of example, from Allah, for their crime: and
Allah is Exalted in Power. Full of Wisdom”.
The process
of amputating the hand of a thief is orderly. It is not
haphazard as anti-Islamic elements project. Basic conditions
must be met in order to cut off the hand of the thief. These
conditions are as follows:
- The stolen item, money, or valuables must be under a
locked area. The thief must break the lock to get to the
item he steals. Therefore, if a thief steals an item that is
left outside, not cared for, then the hand of the thief
won't be cut off. The thief, however, in such a case will be
subjected to penalty. The executive authority is to
determine the appropriate penalty. The owner of the stolen
item is considered, in such situation, negligent for his
valuable items.
- The theft committed should not involve the food for
survival. If the theft is for the sole purpose of feeding
oneself, the hand of such a thief will not be cut off. This
is based on the action taken by the second Caliph Omar bin
al-Khattab (may Allah be pleased with him) during the year
called the "Ramadah Year Famine" where Omar (may Allah be
pleased with him) did not apply this Corpal theft punishment
due to the then existing circumstances.
- The value of the theft must be within the range of the
value set for stealing which renders a convicted punishable
with the amputation of hand.
It should also be pointed out here that this type of Corpal
punishment would not be executed unless all pertinent evidence
is available and there is not doubt in the mind of the Muslim
judge, that the crime is punishable by Islamic law. This is
based on the statement of Allah's Messenger (peace and
blessings of Allah be upon him):“
Block off the application of the Corpal punishment by negating
the presence of any possible or potential judicial errors”.
Islamic
jurisprudence, however, while expiating Corpal punishment of a
criminal for the crime he committed, will substitute it with
another type of disciplinary punishment. Disciplinary
punishment is usually less than the Corpal punishment and is
determined by the Muslim judge according to the type, level,
category and severity of the crime and the criminal himself
and his criminal records. Disciplinary punishment may be
imprisonment, whipping in public, reprimanding him or imposing
a fine for his crime.
Furthermore,
Islam has banned all types of transgression against private
possessions, estate and lands ownership. This is based on the
verse in the Glorious Qur'ân Sura Baqara [The Cow] 2:188 the
meaning of which is translated as:“
And do not eat up your property among yourselves for vanities,
nor use it as bait for the judges, with intent that you may
eat up wrongfully and knowingly a little of (other) people's
property”.
Therefore,
the transgressor will be subjected to a tremendous and severe
penalty on the Day of Judgement. This is based on the
statement of Allah's Messenger (peace and blessings of Allah
be upon him):“
Whosoever unjustly takes any money of the wealth of another
Muslim's wealth without a due right, Allah will meet such a
person while He is indignant with him”[32].
This is also
based on another statement of Allah's Messenger (peace and
blessings of Allah be upon him):“
Whosoever unjustly grabs a hand measurement of a land (of
another Muslim) Allah (subhanahu wa ta'ala) will cause such an
oppressor to be surrounded with seven earths (around his neck)
on the Day of Judgement”[33].
Moreover,
Islam demands that the oppressor must return the amount he
unjustly confiscated of other Muslims' land or property or
alternatively he is forced to pay the value of such unjustly
confiscated property. Furthermore, the oppressor in such a
situation is subjected to a lashing penalty determined by the
Muslim judge. Yet, Islam entitles the owner of a wealth or
property to defend all that he owns even at the point of
killing the oppressor. If the owner kills his oppressor, he is
not to be killed for killing the oppressor, if he can prove
that he killed him while defending his ownership. If the
oppressor, on the other hand, killed the defending owner, the
killed owner is a martyr. This is based on the statement of
Allah's Messenger (peace and blessings of Allah be upon him):“
Whosoever is killed defending his wealth is categorized as a
martyr”[34].
Islam pays a special attention to the reproduction of man and
the maintenance of the human race on earth. This race of human
is entrusted with the guardianship of the entire earth and the
representation of divine wisdom to serve as the vicegerent of
the Almighty Allah on earth. Therefore, stopping the
reproduction process by any means, ceasing it in any form or
tampering with it in any way or cause to reduce it, for no
legitimate reason, is an unlawful practice according to Islam.
The Almighty Allah states in the Glorious Qur'ân Sura Baqara
[The Cow], 205 the meaning of which is translated as:“
When he turns his back, his aim everywhere is to spread
mischief through the earth and destroy crops and cattle. But
Allah loves not mischief”.
Islam, for
instance, prohibits abortion after the fourth month of
pregnancy. Muslims believe that the soul will be blown in the
fetus at the fourth month of pregnancy. However, if there is a
grave situation, which endangers the life of mother, there is
no harm in performing abortion to the fetus. This is based on
the statement of Allah's Messenger (peace and blessings of
Allah be upon him):“
…A fetus will be constructed in the shape of sperm for forty
days. Then, it will be a clinking clot [to the internal side
of the mother's womb] for another forty days. Then, the angel
will be sent down to the fetus to blow the soul in it. The
angel [is further] commanded to write the following four items
[concerning the future life of the fetus on the earth] as
follows: the [pre-determined] provision of the fetus, his/her
term [life duration on earth], and whether he/she is fortunate
or unfortunate [while alive on earth]”[35].
In fact,
Islam considers it a premeditated killing when a pregnant
mother performs abortion after the soul is blown in the fetus
[after four months of pregnancy]. Such a killing entitles a
punishment for both parents. Unintentional abortion, however,
requires a blood-money substitution for the aborted fetus.
This issue may be reviewed in the books on Islamic
jurisprudence.
Many
statements of Allah's Messenger (peace and blessings of Allah
be upon him) are reported in this regard concerning the urge
to have a normal reproduction of the human race, the
maintenance of the human race and to increase the rate of
reproduction, if possible. Allah's Messenger (peace and
blessings of Allah be upon him) says:“
Marry a loving, kind and reproducing female as I will take a
special pride by you on the Day of Judgement”[36].
Islam capitalizes on the value of the nucleus family and the
broader sense of family as well. The nucleus family is the
basis and the foundation of the society. In order to protect
this family against breaking and disintegrating, Islam pays
every attention to this unit of the society. Lineage is one of
the essential bonds of the family. A relative will recognize
the rights of his kin and kith and consequently, will pay his
due right to that relative in an appropriate fashion. Allah
(subhanahu wa ta'ala) laid down certain rules, and regulations
that consolidate the foundations of kinship rights on every
individual member of the family. Moreover, Islam protects the
family against interactions that may lead to its
disintegration. Open relationships between the family members,
who are permitted to marry one another lawfully, may lead to
many family social problems. Such open family relationship
may, for instance, lead to unlawful types of marriages such as
the incest marriages or may cause the deprivation of
inheritance for the person who is entitled for inheritance and
vice versa. Allah's Messenger (peace and blessings of Allah be
upon him) says:“
Any woman, who falsely attributes a child to her household as
a genuine child of her husband, is not considered a Believer
in Allah. Furthermore, Allah (subhanahu wa ta'ala) will not
permit such a woman to enter Jannah. Moreover, any man who
falsely denies his son, while looking at him [knowing that he
is truly his son], Allah (subhanahu wa ta'ala) will place a
barrier between Him and that man [will not permit such a man
to look at Him]. Furthermore, Allah (subhanahu wa ta'ala) will
scandalize such a false claim of this person before the entire
humanity [on the Day of Judgement]”[37].
In the
pre-Islamic Jahiliyyah the family system was corrupt. Islam
initiated decisive reformations. It annihilated all existent
malpractice. The following are some of the items banned by
Islam:
- Child adoption:
Islam prohibits adopting a child who is not a genuine and
blood child of a male. Thus, adopted child will take the
family name of the adopting father or parents and will be
entitled to all rights and duties like one's real and own
child. This is based on the verse in the Glorious Qur'ân
Sura Ahzab [The Confederates], 33:4,5 the meaning of which
is translated as:“
Allah has not made for any man two hearts in his (one) body:
nor has He made your wives whom you divorce by Zihar[38]
your mothers: nor has He made your adopted sons your sons.
Such is (only) your (manner of) speech by your mouths. But
Allah tells (you) the Truth, and He shows the (right) Way.
Call them by (the names of) their fathers: that is more just
in the Sight of Allah. However, if you know not their
father's (names, call them) your Brothers in Faith, or your
Maulas[39].
However, there is no blame on you if you make a mistake
therein: (what counts is) the intention of your hearts: and
Allah is Oft-Forgiving, Most Merciful”.
- Admitting a child as a son/daughter:
A father must openly declare that the child is truly his
legitimate child, in order for the child to be attributed to
him in lineage. Islam bans claiming a child to a man without
father's admission because such a claim jeopardizes marital
relationships as well as family life. Moreover, such
inconsiderate claim gives the man (who might and might not
be a husband) the power to follow his whims and personal
desires to claim as he pleases. Yet, the woman (who might be
the wife in such case) is exposed and subjected for false
accusations. This blemishes her honor and dignity and pride
by accusing her with illegitimate sexual activities with a
man other than her own lawful husband. Moreover, such a
false claim of a man may create a rift between the rest of
the children of the family, and distort the lineage of that
particular family by mixing the pure children with out of
wedlock children. Islam, therefore, determines that any
child born who is a legitimate product of a marriage
contract is attributed to the father with no need of any
further proof or denial. A husband of a woman needs not to
admit openly that child is his. Such a declaration seems odd
and unnecessary. This practice is based on the statement of
Allah's Messenger (peace and blessings of Allah be upon
him):“
The (born) child (as a result of a lawful marriage) belongs
to the (bed of) his father”[40].
The only exception to this rule is when it is proved, beyond
a doubt, that the wife is betraying her husband and is
pregnant from another man, other than her own husband. In
such case, specific rules and judicial sentences will apply.
We shall not cover these rules in this book.
- "Khal'a", or disowning:
It is the instance where a father discovers legitimately
that some of the children who are attributed to him are not
really his. Thus, after disowning such person, or persons,
he will become total stranger to them. This means that if
the person who is disowned is a female, she must not appear
before such a man at her leisure, travel with him, live with
him or deals freely with him.
- Woman's family name change after marriage:
A Muslim woman, after marriage keeps her median's family
name according to Islamic jurisprudence. According to
Islamic teachings and law, it is unlawful for a woman to
bear the family name of her husband after marriage. Looking
at this closely one can comprehend the great honor, dignity
and respect for the freedom granted to the woman in Islam.
Moreover, this practice preserves the equality and equal
right of a Muslim woman to the Muslim man in the right of
carrying their own independent name and to become a follower
to the husband's family name immediately after marriage.
- Preserving and honoring the rights of the weak and
the disable person:
Islam honors the elderly members in the Islamic society,
respects them and extends every possible assistance to them.
Individuals who have dedicated their lives for the sake of
society and nation must be truly honored and respected.
Similarly, the disable persons, who are tested and tried by
Allah (subhanahu wa ta'ala) with such disabilities, are also
to be respected. They are disabled, Allah knows best, to
test their patience and to let others benefit from seeing
them and appreciate the Grace of Allah unto them as healthy
people are perfectly enjoying all their limbs and organs
properly. This is based on the statement of Allah's
Messenger (peace and blessings of Allah be upon him):“
He is not considered among us Muslims, who does not show
mercy to our youngster and show respect to our elders”[41].
Furthermore, this practice is also based on the Hadith of
Allah's Messenger (peace and blessings of Allah be upon
him):“
Never a young man respects and honors an elder at his old
age, but the Almighty Allah will pay such a person back at
his old age. Allah (subhanahu wa ta'ala) will avail people
to respect such a young respectful man at the old age when
he needs it most”[42].
As for the helpless orphan, who really needs help and proper
care, the Almighty Allah states in the Glorious Qur'ân Sura
Dhuha, (The Forenoon), 93:9 the meaning of which is
translated as:“
Therefore treat not the orphan with harshness”.
Also, the Almighty Allah states in the Glorious Qur'ân Sura
Isra (The Night Journey) 17:34 the meaning of which is
translated as:“
Come not nigh to the orphan's property except to improve it,
until he attains the age of full strength; and fulfil
(every) engagement, for (every) engagement, will be inquired
into (on the Day of Reckoning)”.
Furthermore, the Almighty Allah states in the Glorious
Qur'ân Sura Nisa (The Women) 4:10 the meaning of which is
translated as:“
Those who unjustly eat up the property of orphans, eat up a
fire into their own bodies: they will soon be enduring a
blazing fire!”.
Yet, Allah (subhanahu wa ta'ala) addressed the preservation
of the rights of the innocent children whose parents might
commit a crime against them due to poverty and total
ignorance by killing them. Allah (subhanahu wa ta'ala)
stated in the Glorious Qur'ân Sura Anam (The Cattle) 6:151
the meaning of which is translated as:“
Say: Come, I will rehearse what Allah has (really)
prohibited you from": join not anything as equal with Him;
be good to your parents; kill not your children on a plea
of want - We provide sustenance for you and for them -
come not nigh to shameful deeds, whether open or secret;
take not life, which Allah has made sacred, except by way of
justice and law: thus does He command you, that you may
learn wisdom”. In this fashion we can see the
preservation of the weak, gullible and less affluent people
in the Islamic society.
- The preservation and the safety of the national
resources:
All hidden, buried and reserved national resources are
public property. This does not mean that any body can have a
direct access to its use as he pleases, but rather, the
income generated from all these natural resources must be
placed in the Islamic government Treasury. The Treasury will
extend finances to meet the needs of the public. Such
resources are not to be privately owned by a specific group
or class of people or individuals for any specific merit.
Such resources are publicly owned in terms of the public
interest gain and benefits. It becomes a collective
responsibility of the Islamic society to watch out for any
intruder or aggressor and report such person to the Islamic
authorities in order to maintain their safety. Any unlawful
exploitation of natural resources is banned according to
Islamic teachings and principles. The Almighty Allah states
in the Glorious Qur'ân Sura Baqarah [The Cow] 2:60 the
meaning of which is translated as:“
And do no evil nor mischief on the (face of the) earth”.
Furthermore, this is based on the statement of Allah's
Messenger (peace and blessings of Allah be upon him):“
The human beings are partners in three items. These items
are: water, grazing grass and fire (fuel)”[43].
- Public and private rights in Islam:
Islam endeavors to strengthen the social ties among the
members of the Islamic society. Therefore, Islam first
addressed the rights of the immediate members of the family.
All the kindred have rights in Islam towards each other. The
value and the importance of such rights vary according to
the degree of relationship. The Almighty Allah states in the
Glorious Qur'ân Sura Nisa [The Women] 4:1 the meaning of
which is translated as:“
Oh Mankind! Reverence your Guardian-Lord, who created you
from a single Person, created, of like nature, his mate, and
from them twain scattered (like seeds) countless men and
women; fear Allah, through Whom you demand your mutual
(rights), and (reverence) the wombs (that bore you): for
Allah ever watches over you”.
Furthermore, the common relationships were not neglected in
Islam either. Varied relationships between people make up a
network, which joins people or makes them closer socially to
each other. Distant people to each other need a type of bond
that brings them together in a close net in order to
appreciate one another. Hence, Islam establishes the basis
for such a cohesive society. The Almighty Allah states in
the Glorious Qur'ân Sura Hajj [Pilgrimage] 22:41 the meaning
of which is translated as:“
(They are) those who, if We establish them in the land,
establish regular prayer and give regular charity, enjoin
the right and forbid wrong: with Allah rests the end (and
decision) of (all) affairs”.
This type of strengthening relationship is also based on the
statement of Allah's Messenger (peace and blessings of Allah
be upon him):“
The example of Believers in love, affection, cooperation and
collaboration is like that of one body. If one organ of the
body aches, the entire body will support the aching body by
staying awake (in defense against the attacks of the foreign
bodies) and by getting feverish (a state that shows the
cooperation of the entire systems of the body to defend
against the invading microbes or disease)”[44].
Therefore, there are well-established public and private
rights in the Islamic society. We will focus on the most
important ones.
The essential right of man towards Allah (subhanahu wa ta'ala)
is, to worship Him alone, setting no rivals, partners, helpers
or attribute any sons or daughters to Him (subhanahu wa
ta'ala). Man must declare the testimony of Truth. He should
bear witness to the fact that, 'there is no deity worthy of
worship but Allah alone'. However, this declaration involves
the following requirements:
- Full faith: Man must submit himself to Allah (subhanahu
wa ta'ala) in faith and total belief. He must declare, with
the acceptance of his heart, that, 'There is no deity worthy
of worship but Allah alone. He has no partner, assistant,
and son or else. The Almighty Allah states in the Glorious
Qur'ân Sura Muhammad (peace and blessings of Allah be upon
him) 47:19 the meaning of which is translated as::“
know, therefore, that there is no god but Allah, and ask
forgiveness for the fault and for the men and women who
believe: for Allah knows how you move about and how you
dwell in your homes”.
- Sole worship: Allah alone deserves to be worshipped in
full. None has the right to be worshipped along or besides
Him. All statements, acts and hidden intentions must agree
with what the Almighty has designated. All actions of man
must be performed for the Pleasure of the Almighty. The
Almighty Allah states in the Glorious Qur'ân Sura Ghafir
(Forgiver) 40:60 the meaning of which is translated as:“
And your Lord says: Call on Me; I will answer your (Prayer):
but those who are too arrogant to serve Me will surely find
themselves in Hell, in humiliation!”.
An example of such worship is to offer the obligatory
prayers. One of the fruits of offering and maintaining such
prayer is to enjoin good and stop all evil acts. The
Almighty Allah states in the Glorious Qur'ân Sura Ankabot
(The Spider) 29:45 the meaning of which is translated as:“
Recite what is sent of the Book by inspiration to thee, and
establish regular Prayer: for Prayer restrains from shameful
and unjust deeds; and remembrance of Allah is the greatest
(thing in life) without doubt. And Allah knows the (deeds)
that you do”.
Furthermore, the payment of Zakah to the destitute will tend
to generate self-purification and elimination of misery and
niggardliness. Additionally, an alms giver becomes
considerate to others, especially needy and poor. The
Almighty Allah states in the Glorious Qur'ân Sura al-Lail
(The Night) 92:18-20 the meaning of which is translated as:“
Those who spend their wealth for increase in
self-purification, And have in their minds no favor from
anyone for which a reward is expected in return. But only
the desire to seek for the Countenance of their Lord Most
High”.
Moreover, observing fasting enables man to have a better
control over temptations and passions. It gives him a better
self-discipline and grants man a better understanding of the
sense of piety and God-fearing, a concept that is extremely
hard to explain and visualize. The Almighty Allah states in
the Glorious Qur'ân Sura Baqara (The Cow) 2:183 the meaning of
which is translated as:“
Oh you who believe! Fasting is prescribed to you as it was
prescribed to those before you, that you may (learn)
self-restraint”.
Performing
Hajj, pilgrimage also has a special wisdom as the Almighty
Allah states in the Glorious Qur'ân Sura Hajj (Pilgrimage)
22:28 the meaning of which is translated as:“
That they may witness the benefits (provided) for them, and
celebrate the name of Allah, through the Days Appointed, over
the cattle which He has provided for them (for sacrifice):
then eat you thereof and feed the distressed ones in want”.
Moreover, all
acts of worship in Islam are able to be performed. Average
person is capable of performing and observing all acts of
worship that Allah (subhanahu wa ta'ala) obliged man to
observe as obligatory duties. Islam is a natural and
practicable religion. The Almighty Allah never prescribed a
duty that man is unable to render or maintain on a regular
basis. Allah (subhanahu wa ta'ala) means well for His
creatures. He never means to impose any hardship or
difficulties on them. The Almighty Allah states in the
Glorious Qur'ân Sura Baqara (The Cow) 2:185 the meaning of
which is translated as:“
Allah intends every facility for you; He does not want to put
you to difficulties”.
In support of
this Allah's Messenger (peace and blessings of Allah be upon
him) says:“
If I command you to do any activity, do as you can afford”[45].
Such acts of
worship, however, are either completely exempted, or at least
sustained with concession in the events of hardships. This
permission does not provide any excuse to render the acts of
worship. For instance, standing is required to perform
daily-prescribed prayer. I f a worshipper is unable to offer
prayer by standing up, he may offer it sitting sown. If a
worshipper is not able to perform prayer sitting down, he/she
may offer prayer lying down on the side of the body or on his
back, or in a way that is suitable and comfortable to his
situation. If a worshipper is not able to maintain his prayer
in any of the above situations, he may point out, blinking his
eyes, and still offers an acceptable form of prayer, by
indicating his motions for standing up, bowing, prostration
and sitting down. Similarly, a male Muslim is to offer his
daily-prescribed prayer in a group, with the congregation
(preferably the first call) in the Masjid. This rule, however,
is no longer a requirement, because of fear of harm, intensity
of cold, rain, snow or similar other conditions. Furthermore,
it is incumbent to perform ablution prior to offering a
prayer. This requirement is waived if the water in extinct. In
fact, a Muslim who cannot find accessible water may perform a
Tayam-mum (Dry Ablution) instead and still offers his prayer
exactly as if he performs ablution with water. Additionally, a
menstruated or an after birth confined Muslim woman is
exempted to offer a prayer while in her menses or bleeding
until she is completely free of bleeding. Yet, such a Muslim
woman in these conditions is not required to make up prayers
they missed.
A Muslim,
male or female, who does not possess Nisab, (The requisite
amount on the basis of which it is obligatory to pay Zakah) is
not required to pay any Zakah dues.
An old person
who is unable to observe fasting, and a sick person who also
cannot observe fasting conveniently are exempted from fasting.
They have to pay its atonement. Atonement is to feed a person
for one meal for each day not fasted. Similarly, a traveler
may break his fast while travelling, as travelling involves
hardship and fatigue. Furthermore, a woman in her menses or a
woman after childbirth and still bleeding, is not to fast
until she is completely free of all bleeding. Such a woman,
however, is to make up days of missed fasting.
Hajj,
pilgrimage is not obligatory to a person who is incapable to
perform it either due to physical inability or lack of
financial abilities. However, a person who is financially
capable to perform Hajj but physically is incapable, must pay
someone else to serve him as substitute, on his behalf, to
perform Hajj. A financially incapable person, however, is not
required to observe this obligatory pillar of Islam until he
becomes financially capable to perform it. Such person must
have sufficient funds to satisfy his and his family needs.
This is based upon the instruction of the verse of the
Glorious Qur'ân, Sura Al-Imran 3:97 the meaning of which is
translated as:“
In it are Signs manifest; (for example), the Station of
Abraham; whoever enters it attains security; pilgrimage
thereto is a duty men owe to Allah, those who can afford the
journey; but if any deny faith, Allah stands not in need of
any of His creatures”.
If a person
faces the shortage of lawful food and is on the brink of
death, he is allowed to take even unlawful food items (meat of
the dead animal, pork and wine). However, he must take the
least possible quantity to sustain his life breaths. This rule
is also based upon the instructions of the verse of the
Glorious Qur'ân, Sura Baqarah (The Cow) 2: 173 the meaning of
which is translated as:“
He has only forbidden you dead meat, and blood, and the flesh
of swine, and that on which any other name has been invoked
besides that of Allah. But if one is forced by necessity,
without willful disobedience, nor transgressing due limits,
then is he guiltless. For Allah is Oft-Forgiving, Most
Merciful”.
Sayyid Qutub,
the well-known scholar, comments on this verse, " This is the
belief, or religion, that acknowledges the humanity as a human
being. Man is neither looked upon as a pure angel with angelic
abilities, nor dealt with as devil. Man is dealt with
according to his actual physical abilities. All weakness
points are taken into consideration as it comes to obligatory
matters of worship. Main points of strength, however, are well
taken into consideration as well, when it comes to all types
of obligatory acts of worship in Islam. Moreover, man is
looked at, and treated as a whole unit. Man's soul, physical
needs, nature, desires, mental abilities, emotional abilities
and other needs are all taken into consideration when he is
required to perform any obligatory, or even voluntary, acts of
worship. All these are kept in harmony of a fine quality. No
hardships are imposed, no burdens are placed and nothing above
reach is required of man".
A Believing
Muslim is required to acquire full faith in the "Names" and
"Attributes" that Allah (subhanahu wa ta'ala) has given
Himself, or those attributed to Him by His Prophet and
Messenger (peace and blessings of Allah be upon him). A human
being is not to attribute any name or quality to Allah that
neither Allah (subhanahu wa ta'ala) nor His Prophet and
Messenger attributed to Him. He must not offer any undue
explanation, or offer any similitude or shape to express his
opinion concerning these Names and Attributes of Allah
(subhanahu wa ta'ala). This is based on the verse of the
Glorious Qur'ân Sura Shura (Consultation) 42:11 the meaning of
which is translated as:“
There is nothing whatever like unto Him, and He is the One
that hears and sees (all things)”.
Human being
must acquire full and total submission to the Will of Allah.
This is expressed through willing obedience to all the
Commands of Allah (subhanahu wa ta'ala). This is based on the
instruction of the verse of the Glorious Qur'ân Sura Ahzab
(The Confederates) 33:36 the meaning of which is translated
as:“
It is not fit for a Believer, man or woman, when a matter has
been decided by Allah and His Messenger, to have any option
about their decision: if anyone disobeys Allah and His
Messenger, he is indeed on a clearly wrong Path”.
A Muslim must
acquire a full and pure love of Allah (subhanahu wa ta'ala) as
well as His Prophet and Messenger (peace and blessings of
Allah be upon him). This love should dominate the love of
other beings. This directive is based on the instructions of
the verse of the Glorious Qur'ân Sura Tawbah (The Repentance)
9: 24 the meaning of which is translated as:“
Say: If it be that your fathers, your sons, your brothers,
your mates, or your kindred; the wealth that you have gained;
the commerce in which you fear a decline; or the dwellings in
which you delight - are dearer to you than Allah, Or His
Messenger, or the striving in His cause - then wait until
Allah brings about His decision: and Allah guides not the
rebellious”.
In short, these rights may be put in the following
declaration, "Mohammed (peace and blessings of Allah be upon
him) is the slave servant Messenger of Allah (subhanahu wa
ta'ala)". This declaration requires the following:
- Belief in the universality of the Message of Prophet
Mohammed to the entire humanity. Islam is not oriented to a
specific category of people, as it was the case with
previous Prophets and Messengers (peace and blessings of
Allah be upon him). This is derived from the verse of the
Glorious Qur'ân Sura A'raf (The Heights) 7:158 the meaning
of which is translated as:“
Say: Oh men! I am sent unto you all, as the Messenger of
Allah, to Whom belongs the dominion of the heavens and the
earth: there is no god but He: it is He that gives both life
and death. So believe in Allah and His Messenger, the
unlettered Prophet, who believed in Allah and His Words:
follow him that (so) you may be guided”.
- Belief that Allah's Messenger and Prophet, Mohammed
(peace and blessings of Allah be upon him) is fully
protected against possible human errors. Similar is the
belief that the Prophet (peace and blessings of Allah be
upon him) never made any omission or commission in
delivering the complete Message of Allah (subhanahu wa
ta'ala). This is based on the verse of the Glorious Qur'ân
Sura al-Najm 59:3 the meaning of which is translated as:“
Nor does he say (ought) of (his own) Desire”.
- Acquire complete belief that Prophet Mohammed (peace and
blessings of Allah be upon him) is the Final Prophet and
Messenger of Allah (subhanahu wa ta'ala) to mankind. Yet, he
(peace and blessings of Allah be upon him) is the best of
all the Prophets and the Messengers (peace and blessings of
Allah be upon him) and that there is no Prophet or Messenger
at all to come after him (peace and blessings of Allah be
upon him). This is based on the verse of the Glorious Qur'ân
Sura Ahzab (The Confederates) 33:40 the meaning of which is
translated as:“
Muhammad is not the father of any of your men, but (he is)
the Messenger of Allah, and the Last of the Prophets”.
- Acquire complete belief that the religious duties and
Divine Commands to mankind are complete and that the Prophet
(peace and blessings of Allah be upon him) has delivered the
Message of Allah (subhanahu wa ta'ala) in its entirety.
Furthermore, the Prophet and the Messenger of Allah
(subhanahu wa ta'ala) has given the best advice to his
Ummah, nation and the best guidance to do all good and to
avoid all evils. This is based on the verse of the Glorious
Qur'ân Sura al-Maedah (The Table) 5:3 the meaning of which
is translated as:“
This day have those who reject Faith given up all hope of
your religion: yet fear them not but fear Me. This day have
I perfected your religion for you, completed My favor upon
you, and have chosen for you Islam as your religion. But if
any is forced by hunger, with no inclination to
transgression, Allah is indeed Oft-Forgiving, Most Merciful”.
- Acquire full belief that the laws enunciated in Islam
are accepted as approved in the Sight of Allah (subhanahu wa
ta'ala). All types of worship must hinge on and revolve
around these divine laws. Human actions will not be
accepted, Allah knows best, unless and until they are in
conformity with these divine laws. This is based on the
contents of the verse of the Glorious Qur'ân Sura al-Imran
3:85 the meaning of which is translated as:“
If anyone desires a religion other than Islam (submission to
Allah), never will it be accepted of him; and in the
Hereafter he will be in the ranks of those who have lost
(all spiritual good)”.
- A Believer must render full compliance to the commands
of the Prophet (peace and blessings of Allah be upon him).
At the same time, he must strive to avoid any act of
disobedience. This is based on the instruction of the verse
of the Glorious Qur'ân Sura al-Hasher (The Gathering) 59:7
the meaning of which is translated as:“
So take what the Messenger assigns to you, and deny
yourselves that which he withholds from you. And, fear
Allah; for Allah is strict in Punishment”.
- A Muslim must demonstrate full acceptance, tolerance and
satisfaction of any verdict passed by Allah's Prophet and
Messenger (peace and blessings of Allah be upon him). This
is based on the instruction of the verse of the Glorious
Qur'ân Sura al-Nisa (The Women) 4:65 the meaning of which is
translated as:“
But no, by Your Lord, they can have no (real) Faith, until
they make thee judge in all disputes between them, and find
in their souls no resistance against thy decisions, but
accept them with the fullest conviction”.
- A Muslim must follow all Sunnah, and the authentic
traditions that Allah's Messenger and Prophet (peace and
blessings of Allah be upon him) passed throughout his life.
No one has any authority to alter, add or omit any of the
Sunnah traditions of Allah's Prophet and Messenger (peace
and blessings of Allah be upon him). This is based on the
instruction of the verse of the Glorious Qur'ân Sura
al-Imran 3: 31 the meaning of which is translated as:“
Say: If you do love Allah, follow me: Allah will love you
and forgive you your sins; for Allah is Oft-Forgiving, Most
Merciful”.
- A Believer must uphold the status of honor and dignity
bestowed by Allah to His Prophet (peace and blessings of
Allah be upon him). No one has the right to exaggerate his
status. This is based on the statement of the Prophet (peace
and blessings of Allah be upon him):“
Do not praise me more than I deserve. Allah (subhanahu wa
ta'ala) created me as a slave-servant before calling me a
Prophet, Messenger”[46].
- A Muslim must offer proper greeting to Allah's Prophet
and Messenger (peace and blessings of Allah be upon
him)every time his name is invoked. This is based on the
instruction of the verse of the Glorious Qur'ân Sura
al-Ahzab (The Confederates) 33:56 the meaning of which is
translated as:“
Allah and His Angels send blessings on the Prophet: Oh you
who believe! Send your blessings on him, and salute him with
all respect”.
- A Believer must acquire true love and affection of the
Prophet and the Messenger of Allah (peace and blessings of
Allah be upon him) above all others. This is because of the
grace, favor and blessings that the Prophet (peace and
blessings of Allah be upon him) brought forth for in the
terms of guidance to the true religion of Allah (subhanahu
wa ta'ala). This is based on the instruction of the verse of
the Glorious Qur'ân Sura al-Tawbah (The Repentance) 9:24 the
meaning of which is translated as:“
Say: If it be that your fathers, your sons, your brothers,
your mates, or your kindred; the wealth that you have
gained; the commerce in which you fear a decline; or the
dwellings in which you delight -are dearer to you than
Allah, or His Messenger, or the striving in His cause- then
wait until Allah brings about His decision: and Allah guides
not the rebellious”.
- A Muslim must devote every possible effort and
opportunity available to him to call others to the Message
of Mohammed (peace and blessings of Allah be upon him). This
must be done and performed with full wisdom. Inform the
unaware, teach the ignorant, strengthen the faith of people
with wavering faith, and all must be done with a great level
of wisdom. This is based on the instruction of the Glorious
Qur'ân Sura al-Nahl (The Bees) 16:125 the meaning of which
is translated as:“
Invite (all) to the Way of thy Lord with wisdom and
beautiful preaching; and argue with them in ways that are
best and most gracious: for Your Lord knows best, who have
strayed from His Path, and who receive guidance”. In
addition, this is based on the statement of Allah's Prophet
and Messenger (peace and blessings of Allah be upon him):“
Deliver on my behalf even one verse”[47].
According to Islam, a belief of a Muslim is not considered
complete unless declares a full faith in the truth of all the
previous Prophets and Messengers of Allah (subhanahu wa
ta'ala). A Muslim must believe that all the previous Prophets
and Messengers were sent for specific groups of people at
specific period of history. The missions and messages of these
Prophets were unlike Islam. The Message of Islam and the
Prophet Muhammad (peace and blessings of Allah be upon him) is
universal and for all times and climes until the Day of
Judgement. This is also based on the instruction of the verse
of the Glorious Qur'ân, Sura Baqarah (The Cow) 2:285 the
meaning of which is translated as:“
The Messenger believes in what has been revealed to him from
his Lord, as do the men of faith. Each one (of them) believes
in Allah, His angels, His Books, and His Messengers. We make
no distinction (they say) between one and another of His
Messengers. And they say:We hear, and we obey, (we seek) Thy
forgiveness, our Lord, and to Thee is the end of all journeys”.
As pointed
out earlier, Muslims must invite others to the Message of
Islam as a way of life and as part of duty. Muslims are
required only to deliver the Message of Islam to others, and
not to force it on others or compel others to accept it. This
is based on the instructions of the verse of the Glorious
Qur'ân Sura al-Kahf (The Cave) 18:29 the meaning of which is
translated as:“
Say, The Truth is from your Lord: Let him who will, believe,
and let him who will, reject (it)”.
The rights of parents mean, in short, their total obedience.
This obedience must not contradict the obedience of Allah's
Commands. It also involves being equally kind to both parents
in terms of gifts and care. Additionally, a son or daughter
must secure necessary items for parents in terms of food,
clothing and proper shelter (with him and his family in the
first place whenever possible). Moreover, a son or daughter
must demonstrate all humility and respect to both parents
equally. A Muslim believing son or daughter must not show any
arrogance against his both parents. A son or daughter must
demonstrate all patience and perseverance when serving both
his/her parents, equally. A son/daughter must show every
possible consideration to the feelings and the emotions of
his/her parents equally. This is based on the instruction of
the verse of the Glorious Qur'ân Sura Isra (Night Journey)
17:23 the meaning of which is translated as:“
Your Lord has decreed that you worship none but Him, and that
you be kind to parents. Whether one or both of them attain old
age in your life, say not to them a word of contempt, nor
repel them, but address them in terms of honor”.
This is also
based on the directive of Allah's Prophet and Messenger (peace
and blessings of Allah be upon him) saying:“
Allah's Pleasure (with man) is based on the pleasure of both
parents (with their child). Similarly, the Wrath of Allah
(with a person) is also based upon the anger of the parents of
such a child”[48].
Moreover,
both parents are entitled for such right even if they are not
Muslims so long as they do not command their children to do
any act of disobedience of Allah (subhanahu wa ta'ala). This
is based on the instruction of Allah, Messenger (peace and
blessings of Allah be upon him) reported by Aeshah (may Allah
be pleased with him), 'My mother, while still not Muslim, came
to visit me. I asked Allah's Prophet (peace and blessings of
Allah be upon him) concerning her visit (and how to treat her
while visiting me) and said, My mother is eager to visit with
me. Should I (or should I not) extend my courtesy (as a host)
to her? He (peace and blessings of Allah be upon him) said,
Mother, must be given priority in terms of kindness, sympathy,
good feelings, love and affection. This is based on the advice
of Allah's Prophet (peace and blessings of Allah be upon him):“
A man came to Allah's Prophet (peace and blessings of Allah be
upon him) and asked him, Oh Prophet of Allah! Who is the most
worthy and deserving person of my companionship? He (peace and
blessings of Allah be upon him) replied, Your mother. The man
further asked, Then who is next (in terms of receiving best of
companionship)? The man asked, who is next worthy person of my
companionship? Allah's Messenger replied, your mother. The man
asked [for the third time] who is next? Allah's Messenger
replied, It is your mother. The man asked [the fourth time],
who is next? Allah's Messenger replied, Then is your father.
Then the next in kin”[49].
Thus, we
notice that Allah's Messenger (peace and blessings of Allah be
upon him) assign the mother with a three-fold portion of the
right of companionship, while offered the father only one
share. This is because, Allah knows best, due to the fact that
mothers suffer lot of hardships as it is not the case with the
fathers. The mother raises, bears and extends parental care to
the child. Additionally, it is based on the instructions as
given the verse of the Glorious Qur'ân, Sura Ahqaf 46:15 the
meaning of which is translated as:“
We have enjoined on man kindness to his parents: in pain did
his mother bear him, and in pain did she give him birth”.
Mothers bear
their child in the fetus for nine months. Fetus imposes in his
nutrition on mother's food while in embryo. Mothers also
suffer greatly with labor and delivery process. Then, mothers
suffer further for caring of the child after birth as well.
Financial and other means of care: A husband has the
right of home management and direction. A husband, although a
leader, but is not tyrant governor. A husband has the
authority to see that family's interests are best served. This
is based on the instructions of the verse of the Glorious
Qur'ân, Sura Nisa (The Women) 4:34 the meaning of which is
translated as:“
Men are the protectors and maintainers of women, because Allah
has given the one more [strength] than the other, and because
they support them from their means”.
Furthermore,
the husband, as a man, is more rational in resolving issues of
family life. Wife, as a woman, is emotional in general.
A wife is
required to obey the commands and instructions of her husband
so long as these do not involve any act of disobedience to
Allah's Command, and the Prophet's directives. This is in
response to the instruction of Allah's Messenger (peace and
blessings of Allah be upon him) based upon Aeshah's question
to him:“
Whose right is greatest on a woman? He (peace and blessings of
Allah be upon him) replied spontaneously, replied
spontaneously. Similarly, when Allah's Messenger (peace and
blessings of Allah be upon him) was asked, whose right is
greatest on a man? He (peace and blessings of Allah be upon
him) replied, It is his own mother”[50].
A wife must
not impose on her husband things that he cannot afford, or ask
him for things that he is not capable to produce. A woman is
also required to protect the wealth, the children and the
lineage [by protecting herself and being completely chaste.]
Additionally a wife must not leave her husband's home without
his prior knowledge and approval. A wife is also, not allowed
to let any person whom the husband hates, or dislikes to see
in his home. This is based on the instructions given by
Allah's Messenger (peace and blessings of Allah be upon him):“
The best of woman is that whom if you look at her you will be
pleased (to see), if you command her [to perform any lawful
action] will obey you, and if you are absent, or away from her
(house) she will protect and preserve your wealth and lineage”[51].
Dowry: A wife is entitled for a dowry from her husband.
A marriage contract is incomplete without it. A dowry is not
to be forfeited, even if the wife forgives, except after the
marriage contract is concluded. Upon completion of a marriage
contract a wife may forfeit her right for dowry. This is based
upon instructions of Allah (subhanahu wa ta'ala) in the
Glorious Qur'ân, Sura Nisa (The Women) 4:4 the meaning of
which is translated as:“
And give the women (on marriage) their dower as a free gift;
but if they, of their own good pleasure, remit any part of it
to you, take it and enjoy it with right good cheer”.
Equality
and Fairness: These two principles are applied if a
husband is having two or more wives. The wives of one man are
entitled for fairness and equality of the husband. Thus, the
husband who is married to more than one wife must provide
equally to all his wives. We must offer them the same housing
conditions, the same or comparable clothing and must offer
them equal time to spend with each one of them. Otherwise,
such a husband is doing injustice and he becomes unfair. This
is based on the instruction of Allah's Messenger (peace and
blessings of Allah be upon him):“
He who acquires two wives and does not treat them both equally
(or justly), on the Day of Judgement (such a husband) will
appear with a slanted (paralyzed) side (of both of his sides:
right or left)”[52].
Financial
Support: A husband is required to provide financial
support to his wife, family and children. The husbands are
required to provide suitable housing and living condition to
their household. The husbands must provide all essential and
basic requirements for his wife (wives) and the entire
household and family members' living expenses, medical care,
clothing and all basic needs. The husbands must provide to
their families within their means and limits. This is based on
the instructions of the verse of the Glorious Qur'ân, Sura
al-Talaq (The Divorce) 65:7 the meaning of which is translated
as:“
Let the man of means spend according to his means: and the man
whose resources are restricted, let him spend according to
what Allah has given him. Allah puts no burden on any person
beyond what He has given him. After a difficulty, Allah will
soon grant relief”.
Equal time
and intimate relationships: One of the most important
rights of a wife towards her husband is to secure and provide
a satisfactory level of intimate relationship and spend a fare
amount of time with him and his family members. Islamic laws
and teachings persist on his principle and capitalize heavily
on it. This right of the wife, wives and family members must
be fully maintained. A wife needs an affectionate husband to
take care of her and fulfill her basic living needs.
Otherwise, if the man does not provide necessary care and
affections, the resultant situation may lead to destroy the
marriage, May Allah protect.
Protection
of all the secrets of the wife: A husband must not
disclose any of his wife's deficiencies or shortcomings. A
husband must keep all what he sees and hears from his wife as
a treasured secret that should not ever be disclosed or become
a public consumption. All intimate relationship between a
husband and wife in Islam must be cherished, protected and
never be disclosed in public for any reason. Marital
relationships are sacred relationships according to Islam and
must not be tampered with. This is based on the instructions
of Allah's Messenger (peace and blessings of Allah be upon
him):“
One of the worst positions in the sight of Allah on the Day of
Judgement is that of a man [husband] who will have an intimate
relationship with his [lawful] wife and then either of them
discloses the secrets of his partner [spouse] in public”[53].
Fair and
kind treatment: A husband must extend just treatment to
his wife/wives and household. A husband must demonstrate care,
kindness and solve any problem within his means. A husband
must forbear the deficiencies, temper of his wife and her
shortcomings in order to seek the Pleasure of Allah I in both
worlds. A husband must consult with his wife/wives concerning
their life and future needs and plans. A husband must not
demonstrate an authoritative opinion or a dominant attitude
all the times. It is not necessary that decision of the
husband must prevail all the time. A husband is required to
secure and provide for his wife/wives and household all means
of loving, peaceful and caring environment at home and
outside. A husband is required to demonstrate his true love to
his wife/wives and family members. A husband must be kind,
considerate with his wife and children. This is based on the
instructions of Allah's Messenger (peace and blessings of
Allah be upon him):“
The most complete faith of Believers are those who posses the
best of character [attitudes and behavior]. Moreover, the best
among you [Muslim] are those who are best to their wives”[54].
Protection
and Preservation: A husband must not place his wife or
family members, or expose them to any dangerous or vicious
situations. A husband must not allow his wife or family
members to be in evil environment. This is based on the
instructions of the verse of the Glorious Qur'ân, Sura Tahreem
66:6 the meaning of which is translated as:“
Oh you who believe! Save yourselves and your families from a
Fire whose fuel is Men and Stones, over which are (appointed)
angels stern (and) severe, who flinch not (from executing) the
Commands they receive from Allah, but do (precisely) what they
are commanded”.
A husband
must protect the private wealth, properties and personal
financial assets of his wife. A husband must not take or
abuse any of her personal funds without her prior approval. A
husband must not do any transaction, which concerns his wife's
finances without her consent.
Children's rights are numerous. Essentially, they have the
right to a decent and peaceful life as well as to good and
worthy names. In addition, they are entitled to necessities of
life, which includes affordable house and lawful food. In
addition, they are entitled to useful education and proper
upbringing. A such, they must receive good moral character as
well as protection against all possible vices and bad habits
such as: lying, cheating, theft, jealousy, deception and
unkind attitudes towards parents. This is based on
instructions given by Allah's Messenger (peace and blessings
of Allah be upon him):“
It is a sufficient sin to put to waste, those whom you support
[this means, not to provide every possible care and proper
upbringing]”[55].
Furthermore,
children are entitled for a just and equal treatment. No child
should be given priority or any type of preference over the
others in terms of gifts, grants, ownership or inheritance.
Similarly, all children must be equally treated in terms of
kind treatment and good behavior. An unfair treatment to
children may result in bad behavior towards either or both
parents in old age. Any unfair treatment to children may also
causing hatred towards one another. This is based on the
instruction of Allah's Messenger (peace and blessings of Allah
be upon him) when a man came to ask him,
“ Oh Prophet of Allah! I want you to offer a share to one of
my children and I want you to be a witness for that. Upon
hearing this man's request, Allah's Messenger asked, Are you
offering the gift to all of your children? The man who asked
replied, No. I am not! Allah's Messenger commented, Then, seek
someone else to witness your gift as I will not witness to an
unjust and unfair situation. Be mindful [and Fear] of Allah.
Be fair, just and equal in treatment of your children”[56].
Relatives or kindred have special importance. Islam exhorts
kind attention to them. A wealthy Muslim, male or female, is
obliged to assist his/her relatives. Priority should also be
given to the near and the dear ones. Extended family members
are next recipients of such kind treatment. According to the
teachings of Islam, a Muslim must share the concerns of his
kindred. Equally, he should share the pains and gains of his
relatives. This is based on the instruction of the verse of
the Glorious Qur'ân Sura Nisa (the Women) 4:1 the meaning of
which is translated as:“
Oh Mankind! Reverence your Guardian-Lord, who created you from
a single person, created, of like nature, his mate, and from
them twain scattered (like seeds) countless men and women;
fear Allah, through Whom you demand your mutual (rights), and
(reverence) the wombs (that bore you): for Allah ever watches
over you”.
In fact,
Islam urges Muslims to be kind, to his family relatives
although they are unkind to him. A Muslim is instructed to
forgive his family members, even if they are revengeful to
him. A Muslim is required to maintain closer relationships
with his family members and even though they react contrary.
This is based on the instructions of Allah's Messenger (peace
and blessings of Allah be upon him):“
A person who establishes a good wrapper with his family
members is not the "Rewarded". The real good communicator
[with his family relatives] is the person who is good to his
relatives when they boycott his relationships with him”[57].
Furthermore,
Islam warned against boycotting the relationships with
relatives and family members. Such sins fall in the category
of major sins in Islam. This is based on the instructions of
the verse of the Glorious Qur'ân, Sura Muhammad (peace and
blessings of Allah be upon him), 47:22 the meaning of which is
translated as:“
Then, is it to be expected of you, if you were put in
authority, that you will do mischief, in the land, and break
your ties of kith and kin? Such are the men whom Allah has
cursed for He has made them deaf and blinded their sight”.
[29] Bukahri and Muslim, al-lulu wal-Marjan, Hadith
No.884.
[30] Ibn Majah, Hadith No. 3423.
[31] Ibn abid-Dunya.
[32] Mosnad Ahmad, Hadith No.3946.
[33] Ibid., Hadith No.9588.
[34] Bukhari, Hadith No.2348.
[35] Bukhari, Hadith No.3036.
[36] AbuDaoud, Hadith No. 2050.
[37] Abu Dawoud, Hadith No.2263 and Nasaiee, 6:179.
[38] Zihar is the practice of saying to one's wife,
'You are declared unlawful to me like the back of my mother
is.' This is an unlawful practice in Islam, which is banned
from pre-Islamic Jahiliyyah society.
[39] This is a known title in the pre-Islamic Jahiliyyah
society given to the person, or a group of people who
surrender themselves as loyal followers to a tribe or a clan,
although they do not belong to them, for the sake of
protection and seeking their support. Those individuals do not
have the same class, category or rights as the original tribe
or clan members.
[40] AbuDaoud,6:181.
[41] Abu Dawoud, Hadith No.1984 and Tirmithee Hadith
No.2091.
[42] Tirmithee.
[43] AbuDaoud, Hadith No.3477.
[44] Sahih Bukahri, Hadith No.2238 and Sahih Muslim,
Hadith No.2586.
[45] Sahih Bukahri, Hadith No.1337.
[46] Tabranee.
[47] Bukhari, Hadith No.3461 and Tirmithee, Hadith
No.2669.
[48] Trimithee, Hadith No.1962.
[49] Bukhari Hadith No.2227, Muslim Hadith No.2584 and
Tirmithee, Hadith No.1959.
[50] Al-Hakem.
[51] Ibn Majah, Hadith No.1862.
[52] Nasaiee,7:63.
[53] Muslim, Hadith No.1437.
[54] Trimithee, Hadith No.1162.
[55] Abu Dawood, Hadith No.1692.
[56] Bukhari and Muslim, Lulu and Morjan, Hadith No.149.
[57] Bukhari, Hadith No.5645.
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