Women in Islam: An exegesis

 (Part 5/7)

 

By Abul Kasem

   

[My introductory remarks on this series can be found in part 1 or part 2, which were published earlier in NFB and other e-forums.  Most manmade religions, including Islam oppress women.  However, except for Islam, other religions have no teeth to bite any more. They follow secular rules on treatment of women. Today’s modern women (in infidel lands) enjoy their unbridled freedom and rights due not to any religion but to the lengthy struggle and sacrifice for women’s right fought by women as well as by men.  The exception, however, is Islam.  Subjugation of women to sexual slavery is fully entrenched in the Islamic Sha’ria that is alive and kicking with its poisonous tentacles.  Thus comparing the treatment of women in Islam with other religion is simply spurious and laughable.  If any comparison is to be made, then that should be done with the current secular laws.] 

 

Husband’s rights 

If you still doubted of what I just wrote in the previous section, please read the following provision of Sha’ria on the rights of a man on his wife/s.  The Sha’ria is crystal clear that by paying mahr, a man secures the ownership of a woman’s body from top to bottom including her private parts (i.e., sexual and reproductive organs).  The Sha’ria also treats her private parts just like a product/machine that needs to be kept in perfect working order through regular maintenance and service much like the maintenance of an instrument. Therefore, Muslims desperately need a manual.  Those Muslims who are reading the Sha’ria (read the manual) for the first time will be simply stupefied at the content of this so-called divine laws of Allah.

  

Ownership of a woman’s body to do as he likes including beating

m5.4 (Ref: 8, p526) husbands rights

A husband possesses full right to enjoy his wife’s person (A: from the top of her head to the bottoms of her feet, though anal intercourse (dis: p75.20) is absolutely unlawful) in what does not physically harm her.

He is entitled to take her with him when he travels.

 

m5.6 (ibid) wife must keep her private parts clean

The husband is entitled to insist that his wife undertake both the measures necessary for having sex with her such as the purificatory bath (ghusl) after her monthly period, and those necessary to full enjoyment of her such as the purificatory bath after major ritual impurity (janaba), shaving her private parts, and removing filth.

 

Whenever ‘Islam bashers’ (read secularists) point out the despicable act of wife beating as per Qur’an, Islamic apologists spare no pain to exhort that Islamic wife beating is really no beating at all but simply a light touch with a tooth pick!  They will even tell you that a man cannot do this ‘light touching’ without a valid reason.  Sometimes, they will even go to the extent of proving that Islamic beating of women is actually very good psychologically for all parties.  They reason that this beating satisfies the human desire of ‘sadomasochistic’ role-play.  What a load of rubbish!  The truth is that a Muslim man can beat his wife/s for no reason or no good reason.  Let us see what the hadith and Sha’ria say on beating wives in an Islamic fashion. 

 

A man will not be asked as to why he beat his wife...( Sunaan Abu Dawud 11.2142 )

 

Book 11, Number 2142:

Narrated Umar ibn al-Khattab:

The Prophet (peace_be_upon_him) said: A man will not be asked as to why he beat his wife.

 

The above hadith gives the husband an absolute right to beat his wife/s whenever he pleases.  He can even beat her, at least in theory, almost every day for any number of hours as long as the beating is not directed on her face and no bleeding takes place.  See how tender the Islamic game of sadomasochism is! 

 

Duties of a wife 

The most important duty of an Islamic wife is to satisfy the sexual desire/s of her husband.  This may seem unbelievable at first, but wait!  Isn’t the purpose of paying the mahr to a woman is to obtain the right to use her sexual organs for carnal gratification?  An Islamic woman should never say ‘no’ to her husband’s demand for sex unless she has a natural reason like having her period or sickness.  Even this natural menstruation cycle is considered a disease (Qur’an 2:222).  How disgusting.  I wrote about this in a previous section.  Let us briefly review the hadith and Sha’ria on this issue.

 

If a woman abandons her husband’s bed for the night then the angels curse her until morning…(Shahih Muslim 8.3366)

Book 008, Number 3366:

Abu Huraira (Allah be pleased with him) reported that Allah's Apostle (may peace be upon him) said: When a woman spends the night away from the bed of her husband, the angels curse her until morning. This hadith has been narrated through the same chain of transmitters (with a slight variation):" He said: Until she comes back."

 

Allah gets displeased with the woman who does not respond when her husband demands sex from her…(Shahih Muslim 8.3367) 

 

Book 008, Number 3367:

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as saying: By Him in Whose Hand is my life, when a man calls his wife to his bed, and she does not respond, the One Who is in the heaven is displeased with her until he (her husband) is pleased with her.

 

Imam Ghazali

A woman must keep her sexual organs ready for service at all times (Ref: 7: vol. I, p235)

 

“She should prefer her husband before herself, and before all her relatives, she should keep herself clean and ready at all times for her husband to enjoy her whenever he wishes.” 

Be sad during husband’s absence (Ibid, p236)

“And from the ethics of the woman is that she should adhere to righteousness, and sad in the absence of her husband, and to return to play and happiness and be the cause of enjoyment when he is present”. 

 

Here are some merciful Sha’ria laws for women.  Please note that if a woman has received her mahr or agreed to its deferment to a future date, which is a normal custom in the present day, then submitting her sexual organs for husband’s use/desire is rather obligatory.  If she refuses to this type of sexual slavery, then she will not be entitled to her daily maintenance allowance (see section on maintenance).

 

  1. Duties of a wife

m5.1 (Ref: 8, p525)

It is obligatory for a woman to let her husband have sex with her immediately when

(a)    he asks her;

(b)   at home (O: home meaning the place in which he is currently staying, even if being lent to him or rented);

(c)    and she can physically endure it.

(d)   (O: Another condition that should be added is that her marriage payment (mahr, def: m8) has been received or deferred to a term not yet expired.

As for when sex with her is not possible, such that having it would entail manifest harm to her, then she is not obliged to comply.)

 

If she asks him to wait, she is awaited, to a maximum of three days. (O: She does not ask to wait because of not having finished period or postnatal bleeding, for there is no physical harm entailed in her complying as she is, though if she fears that such foreplay with him will lead to actual copulation) A: which is unlawful under such circumstances), then she may refuse, as that is not obligatory). (n: w45 discusses wives’ other duties to husbands.) 

m5.6 (Ibid, p526) wife must keep her private parts clean

The husband is entitled to insist that his wife undertake both the measures necessary for having sex with her such as the purificatory bath (ghusl) after her monthly period, and those necessary to full enjoyment of her such as the purificatory bath after major ritual impurity (janaba), shaving her private parts, and removing filth. 

m10.4 (Ibid, p538) wife can’t leave home

The husband may forbid his wife to leave the home (O: because the hadith related by Bayhaqi that the Prophet (Allah bless him and give him peace) said,

“It is not permissible for a woman who believes in Allah and the Last Day to allow someone into her husband’s house if he is opposed, or to go out if he is averse”).

 

But if one of her relatives dies, it is preferable to let her leave to visit them.

w45.1 (Ibid, p948) wife’s obligation

(Abu Ishaq Shirazi:) A woman is not obliged to serve her husband by baking, grinding flour, cooking, washing, or any other kind of service, because the marriage contract entails, for her part, only that she let him enjoy her sexually, and she is not obligated to do other than that. (A: Rather, it is considered sunna in our school for the wife to do the house work, and the husband (who is obliged to support her) to earn the living, since this is how the Prophet (Allah bless him and give him peace) divided the work between Fatima and Ali (Allah be well pleased with them)) (al-Muhadhdhab fi fiqh al-Imam al-shafi’i (y125),2.68)

Hanafi school

w45.2 (Ibid, p949) (Nahlawi)) The wife’s serving her husband at home –by cooking, cleaning, and baking bread-is religiously obligatory for her, and if she does not, she is committing a sin, though it is not something that she may be forced to do by the court (al-Durar al-mubaha fi al-hazr wa al-ibaha (y99), 172). 

  1. Fasting

p42.2(3) (Ibid, p682) can’t fast without husband’s permission

“It is not lawful for a woman to fast when her husband is present, save by his leave. Nor to permit anyone into his house except with his permission.”.

 

 Excuse of no sex due to period  

e13.5 (Ibid, p94) If a woman claims to be having her period but her husband does not believe her, it is lawful for him to have sexual intercourse with her. 

Who do you think knows best the working of private parts of a woman? Yeah, it is her husband, of course. You’ve guessed it right, didn’t you?  A woman is not even to be trusted regarding the statement about her own body function!  How insulting!  It seems as if that every Muslim husband must examine the private sex organ of his wife/s if he has some doubt about her period.  He must do this to comply with Islamic Sha’ria.  Shall we call this ‘Islamic Gynaecology’? 

 

Support of wives 

As stated earlier, the primary job of an Islamic woman is to satisfy her husband sexual appetite as well as to do some household chores.  A mahr is the down payment to exercise husband’s inalienable right of ownership of her sexual/reproductive organs.  However, a woman cannot live by mahr alone.  She needs regular maintenance allowance to keep her alive and to keep her sexual organs in good working condition.  Islam does recognize this fact and makes the maintenance of wife/s almost compulsory for a husband.  On the surface of it, this rule seems to be fair and merciful to women.  However, scratch the surface and you are bound to see the ugly and mind-boggling unfairness in this maintenance provision for Islamic women.  Please note that an Islamic woman earns her maintenance on a day- to-day basis and there is no guarantee that she will be always entitled to her living expenses.  Also note that the usual allowance for an Islamic woman is about two loaves of bread and some extra dishes like meat, sugar, salt…. etc.  If you are a rice eater, then please calculate how much do you need to provide your wife/s with to conform to Islamic Sha’ria laws.  I am certain that you are grossly overpaying your wife.  It is because you do not follow Islam to the letter.  It is because you follow your natural innate human conscience.  When you do follow Islam and Sha’ria, your conscience dies, to say the least.  Therefore, as per Sha’ria, we may be greatly surprised that we are paying rather too much to our life partners, at least according to Islam.  If you are a true Muslim, then you should adjust according to Islamic law!  The Sha’ria even permits you to pay daily allowance in cash instead of food and beverages!!  Calculate the price, if you don’t mind, of two loaves of bread and the supplementary items that goes with it.  That is what our wives are entitled to as a daily allowance to keep them alive and to keep their sexual machine in tuned-up condition a la machine.  How disgusting, come to think of it!  Has any Islamist ever told you this naked truth?  Never will they do that; and this is for sure.  The Muslim women will know about this truth only when an Islamic paradise is established and Sha’ria laws are enacted and enforced vigorously.  Another amazing but surprising fact is that a wife is not entitled for the payment of water for ghusl (bathing) unless that water is used to clean her sex organs for intercourse.  Please read the following marvelous rules of Islamic Sha’ria!  I am confident that you won’t find them boring at all because you never thought that these provisions existed in Islam¾the incredible religion of peace, mercy, and tolerance! 

  1. Support

m11.2 (Ibid, p542) Food

The husband is obliged to provide his wife’s sustenance day by day. If affluent, he must daily furnish her with one litre of the grain that is the staple food of the town in which they live. (O: By the grain that is the staple food of the town, the author means if people eat it. If not, then whatever they eat, even if it is hardened, dried white cheese. If the wife asks for something other than the staple food of the town, the husband does not have to provide it for her, and if he gives her something besides the staple, she need not accept it. The staple food is what is obligatory.) If he is not affluent, then he is obliged to provide 0.51 litres of grain a day for his wife; while if between affluence and non-affluence, he must provide 0.77 litres per day. 

He is also obliged to cover the expenses of grinding it into flour and baking it into bread (O: even when she is used to doing it herself, as there would otherwise be need for this expenditure), and to buy the foods that normally accompany bread to make it savoury and agreeable, as much as is customary in the town of meat, oil, and so forth (O: such as dates, vinegar, and cheese. The obligatory measures differ with the seasons, it being necessary in each season to provide that which is proper to it. Fruits might predominate in one season, and thus be obligatory. As for the obligatory amount of meat, one sees how much is customarily consumed in town per week). 

If husband and wife agree that he give her compensation in place of the above-mentioned (O: grain and other things she is entitled to, the compensation being in money or clothing), this is permissible. 

m11.3 (Ibid, p543) Articles for personal hygiene

The wife is entitled to what she needs of oil for her hair, shampoo, (lit.”sidr”), and a comb (O: to keep her hair clean, of the kind and amount that is customary in town, in order to prevent harm to herself. If oil scented with rose or violet is the custom of the town, it must be provided, though not things which are merely cosmetic and not for cleanliness, such as eyeliner or henna, which need not be provided, though the husband may provide them if he wishes. It is also obligatory for him to provide deodorant (lit. “litharge”) or the like to stop underarm odour if water and soap will not suffice), and the price of water for her purificatory bath (ghusl) when the reason for it is sexual intercourse or the end of postnatal bleeding, though not if the reason is the end of her monthly period or something else (dis:m11.1) 

m11.5 Ibid, p 544) Clothing

A wife is entitled to the kind of clothing that is customary in town for dressing oneself (O:and not just anything termed clothing will suffice. What is obligatory is the amount necessary for the woman, which varies according to whether she is tall or short, thin or fat, and with the hot or cold climate of various towns. In the summertime, it is obligatory to provide her with a head covering, shift, underdrawers, shoes, and a shawl, because of her need to go out; and the same in the winter-time, plus a cloak quilted with cotton to protect her against the cold. If she needs two cloaks because of the extreme cold, it is obligatory to provide them. If she needs fuel because of the severity of the winter, it is obligatory to buy the necessary wood and coal) and (O: he must also provide the amount customary in town of the) bedding, blankets, and pillows that are suitable for someone of his income. (O: She also deserves cooking implements, and utensils for eating and drinking). 

 

m11.7 (Ibid, p544) not obliged to provide if clothing wears out before the end of season.

If he gives her clothing for a season and it wears our before the end of the season, he is not obliged to furnish new clothing, though if it lasts beyond season, he is nevertheless obliged to provide new clothing for each new season. The wife is entitled to dispose of the clothing as she wishes, whether by selling it or other (O: means of disposal, such as giving it away, the reason being that it is her own property).

 

  1. m11.8 (Ibid, p545) Housing and servants

The wife is entitled to housing of the same quality as that of similar women. (O: The standard of housing depends on the wife herself, while the standard for her clothing and support takes the state of the husband into consideration. The difference is because the expenditure for her support and clothing became her own property and are not merely for her use, while housing is solely for use (N: meaning that while she can take compensation in place of food or clothing and buy some other kind, she cannot rent a different house). In any case, she is obliged to stay in the lodgings her husband arranges for her.)

If she had servants in her father’s house, the husband is obliged to provide servants for her. 

 

m11.9 (Ibid, p545) Support is conditional

The husband is only obliged to support his wife when she gives herself to him or offers to. Meaning she allows him full enjoyment of her person and does not refuse him sex at any time of the night or day. She is not entitled to support from her husband when:

(1)   she is rebellious (nashiz, def: m10.12(N:)) (O: meaning when she does not obey him) even if for a moment;

(2)   she travels without his permission, or with his permission but for one of own needs;

(3)   she assumes ihram for hajj or ‘umra (def:j3);

(4)   or when she performs a voluntary fast without her husband’s permission (O: though if he allows her fast and does not ask her to break it. He must provide her support). 

What happens when the wife/wives get sick and need medication?  Unbelievable, though it may sound, the religion of Islam does not make it obligatory for a man to bear the medical expenses of his wife in her sickness. The only exception is the childbirth.  Here is what the Sha’ria says.  

m11.4 (Ibid, p544) cosmetic and medicine

The husband is not obliged (N: but rather is recommended) to pay for his wife’s cosmetics, doctors fees, the purchase of medicine for her, and similar expenses (A: though he must pay for expenditure connected with childbirth). 

Daily allowance is payable on a daily basis

m11.6 (Ibid, p544) daily allowance at the first of each day

It is obligatory for the husband to give his wife the expenditures for her support at the first of each day, and to provide her clothing at the first of each season (O: meaning the beginning of winter and summer). 

m11.10 (Ibid, p546) support for divorced and pregnant wives.

As for a woman in her post marital waiting period (def: n9), she is entitled to housing during it no matter if it is because of her husband’s death, a divorce in which the husband may take her back, or a threefold, finalized divorce. As for her support (A: in terms of food) and clothing:

(1)   it is not obligatory to provide her with it during the waiting period after (N: a threefold divorce, a release for payment (def: n5), or) her husband’s death;

(2)   it must be provided in the waiting period of (A; not yet threefold) divorce in which her husband may take her back;

(3)   and if a woman in the waiting period of a three fold divorce is pregnant, she is given support each day (A: until the child is born, after which she is entitled to support and wages for taking care of it), but if not pregnant, she is not entitled to support. 

 

Why did I quote such lengthy provisions of Sha’ria regarding the maintenance of one’s wife/s?  It is because I want all women, especially the Muslim women to digest what Sha’ria means for them.  Let our mothers, sisters and wives and daughters find out the truth about the merciful Sha’ria laws for them.  Let them see for themselves what Islam will bring in their lives, if they are duped by the Islamists and are complaining about the secular system that guarantees them a decent family living at the least. 

 

Divorce by husband 

Divorce in Islam is very simple and straightforward. A man says to his wife ‘you are divorced’ in front of two male witnesses (either verbal or written) and that is all it requires to get rid of a woman whom a man does not want to keep any more.  The only requirement is that the husband must maintain her until her idda (waiting period to confirm see whether she is pregnant or not) is over.  If you are familiar with Islamic rules on divorce, then of course you do not need to read this section. 

Divorced women wait 3 monthly periods...2:228 

002.228
YUSUFALI: Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah Hath created in their wombs, if they have faith in Allah and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. And Allah is Exalted in Power, Wise.

Many apologists try to camouflage the unfairness in Islamic divorce by saying that divorce is the most disdainful action in Allah’s eyes.  So, a man must not divorce his wife/s without a good reason.  How true is this rhetoric from the point of view of ‘real Islam’?  Let us see. 

No reason required for divorce (Ref: 7, vol. I, p234)

He should not expose her secrets whether in divorce or during the marriage. As it was narrated regarding exposing the women’s secrets, that it is a great threat, and it was narrated of one of the righteous people, that when he wanted to divorce a woman, he was asked what reason he had for divorcing her, he said: “The man of sound mind does not disclose his wife’s secrets.: so when he divorced her he was asked: “Why did you divorce her”? he replied: “I have no right to speak about the wife of someone else.” 

 

Even the Sha’ria expert, Abdur Rahman I. Doi writes that as per Hanafi rule no reason is required to divorce one’s wife/s (Ref: 9, p173). 

Divorce belongs to men and women have the idda…(Malik’s Muwatta 29.24.70) 

Book 29, Number 29.24.70:

Yahya related to me from Malik from Yahya ibn Said and from Yazid ibn Abdullah ibn Qusayt al-Laythi that Said ibn al-Musayyab said, ''Umar ibn al-Khattab said, 'If a woman is divorced and has one or two periods and then stops menstruating, she must wait nine months. If it is clear that she is pregnant, that is that. If not, she must do an idda of three months after the nine, and then she is free to marry.' "

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "Divorce belongs to men, and women have the idda."

 

If a man said to his wife ‘you are haram for me ‘ then it is counted as three pronouncements of divorce…(Malik’s Muwatta 29.1.6) 

Book 29, Number 29.1.6:

Yahya related to me from Malik that he had heard that Ali ibn Abi Talib used to say that if a man said to his wife, "You are haram for me," it counted as three pronouncements of divorce.

Malik said, "That is the best of what I have heard on the subject." 

If you say “ I cut myself off from you” or “ you are abandoned” then it is considered as three pronouncements of divorce; if marriage is consummated then three pronouncements; if not consummated then one pronouncement…(Malik’s Muwatta 29.1.7) 

Book 29, Number 29.1.7:

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that statements like "I cut myself off from you",or"You are abandoned", were considered as three pronouncements of divorce.

Malik said that any strong statements such as these or others were considered as three pronouncements of divorce for a woman whose marriage had been consummated. In the case of a woman whose marriage had not been consummated, the man was asked to make an oath on his deen, as to whether he had intended one or three pronouncements of divorce. If he had intended one pronouncement, he was asked to make an oath by Allah to confirm it, and he became a suitor among other suitors, because a woman whose marriage had been consummated, required three pronouncements of divorce to make her inaccessible for the husband, whilst only one pronouncement was needed to make a woman whose marriage had not been consummated inaccessible.

Malik added, "That is the best of what I have heard about the matter." 

It is all but abundantly clear that divorce in Islam is really a matter to be decided by the husband.  He has the absolute authority of when and for what reason (or no reason) he could get rid of his unwanted wife/s. 

The implication of all these is that a Muslim man could simply reorganise his harem at any time he desires.  He could divorce all his four wives in one sitting and replace them with new ones, just like replacing old cars with new models.  

Many Islamists try to fool the gullible Muslims by writing that a divorced wife is entitled to alimony/maintenance. This is absolutely false.  The only time period for which a divorced wife gets her alimony is during her period of ‘Idda’ (provided the divorce is not final: see rules on Sha’ria above).  Please read the following rules from Sha’ria.  Now contrast these ‘divine laws’ of Allah with the secular laws on alimony where a dependent spouse is, by law, receives regular maintenance allowance/alimony from his/her earning partner.  In fact, in Australia, the government authority automatically deducts this alimony and sends the money to the dependent spouse before the earning partner receives his/her paycheck.  Now, think for a while, what is the recourse for a divorced woman in an Islamic society?  How is she going to live when her husband deserts her?  Where shall she go?  Whom shall she turn to?  Please think of this if your brother-in-law divorces his wife (your sister) or your son-in-law divorces your daughter.  What choice/s do they have?

 

There is no maintenance allowance or lodging for the wife who has been given an irrevocable divorce (case of Fatima bint Qais)…(Shahih Muslim  3514) 

Book 009, Number 3514:

Fatima bint Qais reported that her husband al-Makhzulmi divorced her and refused to pay her maintenance allowance. So she came to Allah's Messenger (may peace he upon him) and informed him, whereupon he said: There is no maintenance allowance for you, and you better go to the house of Ibn Umm Maktum and live with him for he is a blind man and you can put off your clothes in his house (i. e. you shall not face much difficulty in observing purdah there). 

There is no provision for lodging and maintenance if the divorce is through pronouncements…(Shahih Muslim 9.3530) 

Book 009, Number 3530:

Fatima bint Qais (Allah be pleased with her) reported: My husband divorced me with three pronouncements and Allah's Messenger (may peace be upon him) made no provision for lodging and maintenance allowance. 

Maintenance is applicable only when the divorced wife is pregnant…(Shahih Muslim 9.3518)

Book 009, Number 3518:

'Ubaidullah b. 'Abdullah b. 'Utba reported that 'Amr b. Hafs b. al-Mughira set out along with 'Ali b. Abi Talib (Allah be pleased with him) to the Yemen and sent to his wife the one pronouncement of divorce which was still left from the (irrevocable) divorce; and he commanded al-Harith b. Hisham and 'Ayyash b. Abu Rabi'a to give her maintenance allowance. They said to her: By Allah, there is no maintenance allowance for you, except in case you are pregnant. She came to Allah's Apostle (may peace he upon him) and mentioned their opinion to him, whereupon he said: There is no maintenance allowance for you. Then she sought permission to move (to another place), and he (the Holy Prophet) permitted her. She said: Allah's Messenger, where (should I go)? He said: To the house of Ibn Umm Maktum and, as he is blind, she could put off her garments in his presence and he would not see her. And when her 'Idda was over. Allah's Apostle (may peace be upon him) married her to Usama b. Zaid. Marwan (the governor of Medina) sent Qabisa b. Dhuwaib in order to ask her about this hadith, and she narrated it to him, whereupon Marwan said: We have not heard this hadith but from a woman. We would adopt a safe (path) where we found the people. Fatima said that when these words of, Marwan were conveyed to her. There is between me and you the word of Allah, the Exalted and Majestic: Do" not turn them out" of their houses. She asserted: This is in regard to the revocable divorce what new (turn can the event take) after three pronouncements (separation between irrevocable). Why do you say there is no maintenance allowance for her if she is not pregnant? Then on what ground do you restrain her? 

Islamists often take pride in saying that an Islamic woman also has the right to divorce his husband. I shall write more on this so-called ‘khul’ in a later section. 

Hila marriage

Once a husband divorces his wife irrevocably or with three pronouncements, that woman becomes totally ‘haram’ for him.  He cannot remarry her until she marries another man and the marriage is consummated and that temporary husband divorces her.  Only after this second divorce takes place and the woman goes through her normal idda (3 periods) then only the former husband can re-marry her.  Islamists often cite this as a deterrent for the husband to think carefully before divorcing his wife/s irrevocably.  If that is the case, then why should the woman be penalised?  After all, it was the husband who caused the divorce.  Therefore, he should receive the punishment, if any, for re-marriage. Why not the ‘hila’ marriage be imposed for the husband?  Why should the woman receive the ignominy of the temporary marriage?  Hila marriage is sanctioned in Qur’an in verse 2:230

002.230
YUSUFALI: So if a husband divorces his wife (irrevocably), He cannot, after that, re-marry her until after she has married another husband and He has divorced her. In that case there is no blame on either of them if they re-unite, provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah, which He makes plain to those who understand.

This is what the founder of Maliki School of jurisprudence says.

A three times divorced woman must marry another man and must taste the sweetness of intercourse (hila marriage) before she can remarry her former husband…(Malik’s Muwatta 28.7.18) 

Book 28, Number 28.7.18:

Yahya related to me from Malik from Yahya ibn Said from al-Qasim ibn Muhammad that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said when asked whether it was permissible for a man to marry again a wife he had divorced irrevocably if she had married another man who divorced her before consummating the marriage, "Not until she has tasted the sweetness of intercourse."

 

Women’s right for sex 

Up to now, we only saw the husbands absolute right over his wife/s sexual organs.  How about the wife/s right for sex?  Islam recognizes that women do need sex as well.  However, they must not be too demanding on this.  They must wait until her husband has the mood to satisfy her.  Look at the unfairness.  We saw in earlier sections that a woman should never say ‘no’ when her husband demands sex from her.  But her husband is not obliged to entertain her request at her call.  She must remain controlled and docile and be patient when it comes to her appetite for sex.  A husband is allowed to have sex with up to four women at a time and with unlimited number of sex-slaves and female captives.  How about the wife?  Nope.  She cannot have those indulgences.  If the husband is not available to satisfy her, she must remain chaste at all cost.  She can never turn to any alternative means to satisfy her (like male slave, male captives etc.).  It’s a no no!  The Sha’ria forbids it and it will put her to death by stoning if this kind of forbidden indulgence is proven in an Islamic court.  How fair Allah’s laws are! 

Women’s right to intercourse

 

m5.2 (Ref: 8, p525) (Imam Ghazali:) One should make love to one’s wife every four nights, as is fairest, since the number of wives one may have is four, and one may wait this long to do so, though one should make more or less than this, according to the amount she needs to remain chaste and free of want for it (N: if one is able), since it is obligatory for a husband to enable her to keep chaste (ihya’ ‘ulum al-din (y39), 2.46). 

 

This essay continues in part 6/7 

 

References

1.      The Holy Quran; Translation by A. Yusufali, Pickthal, Shakir

http://www.usc.edu/dept/MSA/quran/

 

2.      Shahih Bukhari; Translation by Dr. Muhammad Muhsin Khan

http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/

 

3.      Shahih Muslim; Translation by Abdur Rahman Siddiqui

http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muslim/

 

4.      Sunaan Abu Dawud; Translation by Prof. Ahmad Hasan

http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/abudawud/

 

5.      Malik’s Muwatta Translators A’sha Abdurrahman at-Tarjumana andYa’qub Johnson

http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muwatta/

 

6.      A Dictionary of Islam, 1994 by T.P Hughes; Publisher Kazi Publications, Inc. 3023-27 West Belmont Avenue, Chicago, IL 60618

7.      Al-Ghazali’s Ihya’ Ulum al-Din (abridged by Abd el Salam Haroun), 1997; Revised and Translatd by Dr. Ahmad A. Zidan; Published and Distributed by: Islamic Inc. P.O. Box 1636, Cairo, Egypt.

8.      Reliance of the Traveller (Revised edition), 1999 by Ahmad ibn Naqib al Misri; Edited by Nuh Ha Mim Keller; Published by Amana Publicatios, Belltsville, Maryland U.S.A

9.      Sharia the Islamic Law, 1998 by Abdur Rahman I. Doi; Publisher A.S. Noordeen, G.P.O. Box No. 10066, Kuala Lumpur, Malaysia

      

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