Does Islam snatch the Rights of Women? Part 02

“இஸ்லாம் பெணகளின் உரமையைப் பறிக்கிறதா?”

Moulavi P.Zainul Abideen Ulavi

English Translator : A.Raja Mohamed

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Does Islam snatch away the Rights of Woman?

Those who blame Islam snatch the Rights of Woman enlist the following accusations.

• A man can marry up to 4 women but a woman can’t.
• A man can divorce his wife by uttering ‘Talak’ thrice.
• The women do not have the right to declare ‘Talak’ (divorce).
• Alimony for the divorced women is prohibited.
• The Law of Islamic Inheritance declare the share of male and female at the ratio of 2:1
• Muslim women either to be at home or cover in cloak when coming out
• Islamic Law declares that the value of 2 women witnesses is equal to a man’s witness.
• Islam has given full permission to enjoy with slave woman

Prior to analyze each accusation separately, let us see first, what are reasons for these accusations? Are these accusations logical? Are these accusations acceptable?


Are Man and woman are equal to each other?

The basic reason for these accusations that it is against the traditional belief “Man and woman are equal to each other”. As a man and a woman are not equal, there are separate laws for them. Some wonder at the variation. Because they expect that both the sexes should not have any discrepancy in their tenets.

First of all, let us analyze whether there is any logical background for this belief. Islam does not approve the concept “Man and woman are equal to each other.” Though this argument is sweet to hear but it is illogical. So, Islam rejects it outright.
Man and woman are different species. Their body, behavior and character are different from each other. Since they differ in these aspects they remain separate as man and woman.

In what aspects both man and woman are equal, in those aspects Islam treats them equal and proposes same orders on them. In what aspects both man and woman are unequal, or can’t be equal in those aspects Islam does not treat them equally.

In some aspects man had special qualification than woman, there man is considered superior to woman and vice versa. Islam evaluates the sexes in this way.

Considering the both the men and women’s body structure and behavior Islam has stipulated them separate duties and privileges.

It is an apparent truth that both genders are not equal in all aspects. Therefore Islam does disapprove this illicit assumption that both genders exactly equal to each other.
Assume a woman has both a boy less than a year and son of 15 years old. Both of them are equal to her as she bore them in her womb for a specified period at different intervals.
If they demand food from her, the mother gives hard food to the elder son and allows him all eatables. But she will not give to her younger son. If she gives hard food to the younger son also, she cannot be a real mother. On the contrary she gives the food easily digestible to the younger son. As she does not give the same kind of food for both her sons, nobody can blame her that she is partial to the elder and showed him more privileges.

Let us analyze this in another angle. If both sons feel hungry simultaneously, she will provide food first for the younger son and then she will provide for the elder son. In this situation also, nobody can blame her that she is partial to the younger son and showed him more privileges. As the digesting ability and the power of resisting hunger differ between her sons, her behavior towards her children is accepted as normal and not blamed as partiality.

As there are non-changing permanent differences between man and woman, some separate acts suitable to them are provided in Islam.

For a man, is his father and his mother are equal? Islam declares they are not equal.
A friend of Prophet Mohammed (PBUH) enquired him to whom is he more indebted? Prophet Mohammed (PBUH) replied “to your mother”. That friend enquired again “next to whom is he more indebted?” Prophet Mohammed (PBUH) replied the second time “to your mother”. That friend enquired him third time “next to whom is he more indebted?” Prophet Mohammed (PBUH) replied third time also “to your mother”. Again that friend enquired him for the fourth time “next to whom is he more indebted?” Prophet Mohammed (PBUH) replied on the fourth time “to your father”. Narrator: Abu Huraira Buhari : 5971
Prophet Mohammed (PBUH) did not place the father in the second place. He pushed him to the fourth place. Thus Prophet Mohammed (PBUH) has exalted the woman’s position very high.

If the creed of Islam is “always men are superior”, Prophet Mohammed (PBUH) will not have replied so.
To show the supremacy of man, Islam heightens with due reason only. When exalting woman also, it does not heighten them without due reason.
• Men are not superior in all aspects
• Women are not inferior in all aspects
• Both are not equal in all aspects

When man is superior to woman and vice versa is based on logical reasoning. It is the wise stand of Islam and nobody can deny it.

Women are tortured in Islam is the first accusation alleged against Islam. Let us analyze it.

Polygamy

A Muslim is allowed to marry up to 4 wives. Non-Muslims criticize it. This is the most important trump card to those who accuse Islam is partial towards women.

Polygamy is practiced not only by Muslims

There is a concept that Islam only permits Polygamy and all other religions are against it. It is propagated also. So, we have to analyze this accusation before we explain why Islam allowed polygamy.

Even before Prophet Mohammed (PBUH), polygamy was prevalent all around the world. It was considered as prestige of mankind. There are so many proofs for it in the world history. Contemporary Non-Muslim of Prophet Mohammed (PBUH) had polygamy without any restrictions

Some people does try to build an opinion that before Prophet Mohammed (PBUH) all had monogamy and after that only polygamy came in to practice. This is totally wrong.
Not only contemporary Non-Muslim of Prophet Mohammed (PBUH) but also other religions around the world had approved polygamy.

The pages of Indian mythology prestigiously support polygamy as follows:
In Tamil Nadu the current Hindu deity called Murugan has two wives by name Valli and Deyvanai
The pages of Indian mythology Mahabharatha and Ramayana prestigiously support polygamy as follows:

Famous current Hindu deity Krishna has two wives by name Bama and Rukmani.
Rama, the deity of Hindu, who maintained monogamy, has his father Thasarathan with sixty thousand wives in his harem.

The pages of history depict many kings and affluent people had innumerable wives.

The famous prophets of Jews and Christians David, Abraham and Jacob had lived with many wives.
It will be clear that the accusation of polygamy as it was introduced by Islam to the world is a baseless one and contrary to the truth.

Now we can go deep into the subject why Islam did allow Polygamy? Is there anything wrong in it?

Prohibition of polygamy will lead the road to Prostitution.

“It will affect the first wife “is the first argument put forth by those who oppose polygamy.

Before enforcing a law, first of all, it is to be considered that is it practicable?

In our country polygamy is allowed to Muslims. But it is denied to Non-Muslims. For a non-Muslim to marry another woman, while his wife is alive, is a crime deserves for punishment.

Now what is status of Polygamy Prohibition Act imposed on Non-Muslims?
Non-Muslims, who are prohibited for polygamy, live with more woman than Muslims who are allowed polygamy.
A statistical Report taken from 1951 to 1960 is as follows:
Hindus 5.03%
Muslims 4.31%
ST & SC 17.98%
This Report unveils the fact among 100 Muslims only 4 persons have more than a wife. But among 100 Hindus 23 persons ( Hindus + ST & SC all are Hindus only) live with more than a wife. It reveals the truth that Prohibition of polygamy is impracticable
That is why Mr.Ram Vilas Baswan who is living with more women can be a M.P and central Minister. D.M.K leader Mr.Karunanithy, though he is a Non-Muslim living with two wives. If it is unlawful, how can he be the CM of Tamil Nadu many times?
Mr. Kalimuthu is also a Non-Muslim living with two women. If it is unlawful how can he be the Minister of Tamil Nadu many times and Speaker of Tamil Nadu Assembly also?
Mr. Thirunavukkarasu. The M.L.A. of Aranthangi is also a Non-Muslim living with more women has been minister for many times, M.P and also a Central Minister.

Unpunished Non-Muslims by court for Polygamy.

When a Hindu marries a second wife, the first wife lodges a criminal case against her husband pointing out his polygamy. In many cases the court rejects the case based on meager legal points and eludes the culprit out of punishment.

In Maharastra Mr. Balrao Sankar Lokande married a second wife. His first wife lodged a criminal case against him. Session court and High court convicted him. Mr. Balrao appealed to the Supreme court, the Supreme court released him. As he left some ceremonies pertaining to the Laws of Hindus Marriage, it can’t be considered as marriage. Since it is not a marriage, he did not commit any mistake to punish is the judgment.
Mr. Balrao Sankar Lokande against Government of Maharastra AIR 1965 SC 1566)

Mr. Suresh Chandra Gosh married a second wife. His first wife Priya Bala Gosh lodged a criminal case against him. High court refused to convict him on legal ground. Since he left some ceremonies pertaining to the Laws of Hindus Marriage, it can’t be considered as marriage.
Mrs. Priya Bala Gosh against Mr. Suresh Chandra Gosh AIR 1971 SC 1153)

In Andra Mr.L.Venkata Reddy married a second wife. His first wife Mrs.Lingari Oppallamma lodged a criminal case against him. In this case also High court did not convict him. As he left some ceremonies pertaining to the Laws of Hindus Marriage, it can’t be considered as marriage.
Mrs.Lingari Oppallamma against Mr.L.Venkata Reddy and others AIR 1979 SC 848)

In Kashmir Mr. Bangari married a second wife. His first wife lodged a criminal case against him. The court released him. As he left some ceremonies pertaining to the Laws of Hindus Marriage, it can’t be considered as marriage. His second wife is a concubine only. Since There is no law to punish for keeping a concubine.
Mr. Banari against the State Government of Jammu & Kashmir AIR 1965 SC 105)
Thus our High Courts and Supreme Court passed judgments in many cases
To know about this more in detail vide “நீதிமன்றங்களின் பாரவையில் பலதார மணம்” The Courts view on Polygamy _ Prof.E.Arutchelvan.

The worst consequences will be in Prohibiting Polygamy.

Most of the men live with a single wife throughout their life. But some men seek the loopholes of law and marry the second and third wives.
A few of them keeping concubines are treacherous towards their first wife. Some others off and on have illegal relationship with harlots and the known women.
There is no law to prevent them. These bad people may bring bad effects and worst consequences to the society. To put these people in control and allowing polygamy for them is the best solution.

Malaysian Hindus demand Polygamy

As with Indian Hindus prohibition of polygamy is in convention with Malaysian Hindus also, it is in Practice. Since so many women are pregnant without marriage and then they are given up, the number of fatherless children is increasing.
Malaysian Hindus have passed resolution for Polygamy to avoid the worst consequences of prohibiting polygamy.
Those, who prohibited polygamy on the ground that it is the treachery to the first wife, can’t avoid the real treachery.
In Malaysia, P.P.Party held their youth wing conference. Then P.P.P’s Youth Wing Leader Murugaiya declared as follows:
“In our society, due to married men’s illegal relationships so many women are pregnant without marriage and then they are given up. The number of fatherless children is increasing. Their future is in question. Considering the intricacies of the problems, the Government should permit the Non-Muslims also to marry a second wife.”

For the demand of Murugaiya, some women’s organizations proposed severe objections. For these objections, Murugaiya is not changing his conception.
He firmly replied that his demand is to protect Women’s Right. The objecting organizations misconstrued the demand. By their objection, they deny the rights of second wives. I insist this opinion only after consulting the members of youth high command. We do not insist anybody to have two wives. If the Government did allow Non-Muslims to have two wives, it will solve so many socio-economic problems prevalent among them. It will protect the victim woman with the support of a male who affected her.
P.P.P’s Penang State women’s wing leader Elizabeth Steins Laves is an important person. She openly declared as follows:
Marrying a second wife should be allowed to Non-Malayans. To marry a second wife I will allow to my husband, provided he promised to protect us both. It is not a sin. Many women will accept my opinion.

Centering the problem of child born through the second woman due to a husband’s illegal contact with her P.P.P’s Youth Wing has proposed this opinion. I also support this opinion. These children are denoted as fatherless without any justice. Regarding the polygamy women should come out from Utopia to day to day real world. As fatherless youth are increasing, this concept is spreading fast among youths.
The National Registration Depart reports the status of Non-Muslims in Malaysia as follows:
“In the country women give birth to child without wedding has increased. This kind of happening reached a level to worry. Most of them are college ladies. Most of them are over 17 years.” Says Datho Ajikhan ( Director of National Registration Department)
-Malaysia Nanban Tamil Daily dated 05-01-2002.
Muslim woman accepts a man only when he marries her. But Non-Muslim women have no law for second marriage and so she is cheated. After the child birth they are given-up. As their number is increased, Mr.Murugaiya’s opinion is welcomed.

From this information we can understand that polygamy is inevitable solution to all religious people.

Reasons for permitting Polygamy

Polygamy is not prevented by any law. If it is prohibited, it leads to prostitution and keeping concubines. These are not the only reasons for Islam to permit. There are some other reasons and justice for allowing polygamy to Muslims.

1. The ratio of girls’ birth is more.

Conjugal pleasure is essential for both sexes. They can sacrifice any pleasure except this. That is why lovers are ready to leave parents, relations, friends and society for the pair. Those who come in between their affair become enemies. If they did get this pleasure, they become mentally retarded. Psychiatrists confirm this. There is no second thought that this pleasure should not be denied to any.
If all have to get this pleasure equally, both sexes should be born in equal numbers. But it does not happen for many centuries. None can deny that Women are born more than men. Some may think that this ratio difference will be less only.
We should not take into account only the birth ratio. We should take into account the marital eligibility ratio also.
A man’s eligibility age for marriage is 25. But for a woman it is 15. The marital age for woman is 18 in the law book only but not in practice.
Biologically a girl is matured earlier than a boy. So, if you take survey eligible women for marriage and eligible men for marriage, the ratio of women will be more. The boys though they have either physical deformity such as Lame, blind, and humpback or they have character deformity such as drunkard, humpback, and blind get married. But the woman even they are beautiful and good in character get delayed in their marriage. This is the ocular proof that the ratio of women’s population eligible for marriage is higher than the man.

When will be the ratio of both sexes equal?
• Birth rate of both sexes should be equal. But it is not.
• Both sexes should be at equal age. It can’t
• Like forefathers of Prophet Mohammed (PBUH) female child should be buried which we don’t.
For this problem, if we do not find a solution, we should reap the bad consequences as follows:

If they are true to their argument, at the outset, they should demand for the prohibition of both concubine and prostitution.

Not only in our country but also in many countries, it is not illegal to have concubine and prostitution. Even the Woman’s Right Organizations show their dumb mouths on seeing this social injustice.

Marrying as a second wife is not better than allowing concubine and prostitution? Besides, those who have sexual relationship with many women can spread sex sickness to his wife also. If, “It will affect the first wife” is the real reason for prohibiting polygamy, why the women’s Right Organization and the reformers against polygamy does not raise their voice against concubine and prostitution?
Look at the law of our nation.

• Muslim can marry another woman.
• Non-Muslims can have concubine.

Those who raise their voices to prohibit Muslims’ polygamy, did they demand to prohibit Non-Muslims’ concubine?

We can forgive those who do not raise their voice against prostitution, but, in our country, the Women’s Right Organizations advocate prostitutes. They demand for their approval of sex employees.

In the seminars and conferences of Pro Prostitutes, the Women’s Right Organizations and the Progressive Thinkers participate.

By this, what do they support? If they advocate for prostitutes, it means that they support the customers of prostitutes also. That means they support infidelity of the husbands to their wives. Alas! What a fall of morality.

The reason to oppose polygamy is “It will affect the first wife”. If they are true to their argument, they should hate prostitutes, who lead the men to the road of infidelity and demand severe punishment for them.
Those who are indebted to demand so, they don’t. On the contrary, they support prostitutes.

They are led by their conscience and aware that men are woman seekers by nature and it can’t be avoided by law. So, they take this fallible stand.
The Women’s Right Organizations and the Progressive Thinkers support the men who live with a woman other than his wife.

If you like to live with a woman, marry her legally is the instruction of Islam.

But non-Muslims wish to live with any number of women without marriage.
Of the two, which is the best stand?

When a man live with another woman and declared her also as his legal wife, her right is protected. But, for the concubines or their children, there is no legal right.
While the wife is eligible to live with, they are ready to live with other woman but they have objection only to marry her.
When the men’s desire to seek more women to live with at a time is not eradicated totally, we have to find an outlet to reduce it.
Men’s desire will increase in a situation that they may live with more women and they need not bear the responsibility. On the contrary in a situation that if a man wish to live with another woman he has to give her right as wife; treat her equally with his first wife and accept her offspring as his heir; If these restrictions are imposed on men then their desire of seeking other women will be reduced. In inevitable situations only they will go for another marriage. Therefore the permission for the second marriage is the real protection for both the first and the second wives.
As per the law of our nation any man can live with a woman on condition that she should not be less than 18 years of age and she should not be forced for that.

In the law of our country, prostitution is not a crime but doing it as a profession only is the crime. That is why, when a man goes to a harlot, he is acquitted while she is punished.
In this manner, a man can live with a woman as many years he wishes. But, she should not be the wife of another man is the only restriction.

Prohibition of polygamy is impracticable.

• Unmarried women will be mentally retarded.
• They will seek pleasure illegally.
• Affluent will pay high dowry to their female children.
• Polygamy will considerably reduce the stagnant population of unmarried women.

2. The ratio of men’s death is more

Though both sexes die equally during natural calamities like floods, storm, Tsunami, fire and the diseases; during war, community commotion and political agitation men die considerably.

During 1st World War (14 Aug 1914 to 3 Mar 1917) 8.534 million people killed. During 2nd World War 20.21 million people killed.
- Microsoft Encyclopedia.
In the wars of napoleon .2 million people have been killed. Due to the
atrocities of US in Vietnam, Iraq, Iran and Palestine and in the atrocity of USSR in Afghanistan mostly men were killed.
In Punjab, Kashmir, Kirkland political agitations, and in Muslim, Hindus communal commotions, Vanniar, Harijan, Devar communal hassles mostly young men participate and die. What is the plight of their young widows? While virgins are waiting for marriage how can they get their partner?

• Should they live as widows up to their death?
• Should quench their lust in illegal way?
• Should they lit fire and fall on it and sacrifice (Sati) them as did Rajput women in the past?

No justifiable man will support the any 3 of the pitiable plights for women.

3. Suicidal death rate of Men is more than Women.

In addition to war fields and agitations, suicidal death rate of Men is also more than Women.
The list of suicides in Tamil Nadu in 1982-84.

Year Male Female
1982 3,314 2,076
1983 3,366 2,096
1984 4,450 3,021

-Dina Mani Kathir dated 12.06.1988

These are all the reasons for the scarcity of men in society. In this situation, polygamy is the only justifiable solution.

4. DOWRY

In countries like India, where their cultural back ground insists to get sexual pleasure through marriage only, treacherous dowry is imposed on women’s family. This dowry as a demand is put forth by those male children from the woman’s family during the marriage.

Due to the scarcity of bridegroom, his rate is increased in the Marriage Market. Some demand gold jewelry in Kilos and materials of usage in Lorries. As woman is in surplus, the male atrocity is heightened.
Affluent girls win over in the race while the poverty-stricken girls lag behind discarded.
Considering all Islam allowed conditional marriage up to 4 women for a man. Those who feel that they may go to prostitution, or keep concubine if married to another woman the marriage population variance between sexes will be reduced.
Those who refuse to accept should show an alternate solution for it.

5. Burial Alive

Some people murder after the female child is born. It is prevalent in Punjab and some cities in Tamil Nadu Salem, Madurai, Dharmapuri and Theni. Due to advancement of Technology, they find sex of the child before its birth and bury it in the womb of the mother, if it is the female child. The mother accepts this atrocity considering difficulty of bringing up the female child and finding a bridegroom on her puberty while the bridegrooms are scarce in the society.

Even living is a problem for women, those who are talking about equality and deny polygamy means, they do not understand the prevailing problem deeply.

6. Bachelorhood

Some men postpone marriage and remain in bachelorhood. This also increases scarcity of men. To equalize marriage population of the both sexes neither prostitution nor sati will be solution.

7. Sexual affinity

Marriage is arranged to outlet the sexual urge. If it is not available in time there is no meaning in life. Regarding this urge, women are disqualified earlier than men. Even at 70 men’s generative organs produce sperm, they have sexual affinity but women elude from it while her menses stops at 50. So, men over 50 years gaze more at other women. The servant maids and little girls are the victims of these people. It is because their wives are disqualified to outlet their needs.

To each and every problem there is a justifiable method to approach. Those who do not know the physiology of both the sexes deny polygamy.

The women during menses are disqualified for intercourse. Some women’s menses prolong many days. In the period of menses, pregnancy, delivery and suckling the baby some men go for prostitution. To avoid all these, polygamy is a boon for those who need this. The polygamy will regulate them and release the prostitutes from their profession also. Like these, so many justifiable reasons behind it. So, Islam has allowed Polygamy to men only. As Islam is a life plan for the whole world to guide all sorts of people for all time, it has given laws suitable to all.
Married woman will not agree their husband to marry another woman or they will not share their life with another woman. But when such a solution required for them also, they will approve the necessity of it.
When there is women’s scarcity then only dowry, prostitution and other atrocities against women will be eradicated.
If polygamy is prohibited, when there are people who need more women, they will go for prostitution and it can’t be prevented by any law.
There is regular news column for beautiful women are arrested in Daily Newspapers. Women those who don’t get proper partner choose shamefully to call men in the public.

Family is a responsible setup

Even when polygamy is permitted, very few only live more than a wife. In the family set up the man should provide food, shelter, clothing and other expenses for the wife and the children born out of their relationship.
o When polygamy is prohibited, prostitution will flourish
o If prostitution is prohibited and polygamy is permitted a few will alone be ready for it.
A woman can be second wife with her full approval only. If anybody is compelled for marriage, Islam cancels that marriage. So nobody compel a woman to be second wife. For a Muslim woman if she comes as a second wife, she and her children will be treated in equal rights on a par with the first wife.

Is the aim of Polygamy for increasing population?
Recently some misconstrue that polygamy is the backdoor for increasing Muslim population and thereby reduce others as minority community. Therefore polygamy should be avoided.

As per the Census Report of 1961 the Hindus’ population was 366 Million. In 1991 the Hindus’ population became 672 Million. The increase ratio is 1.836%. This increase is remaining balance after a large number has gone to other religions. All the Indians were born as Hindus and changed their religion of their choice in the long run. Daily Hundreds of Hindus are converting their religion as Muslims only. In some village the total village has become Muslims. In 30 years the Hindu organizations worry that 36 Million Hindus have gone to other religions.
The increase of Hindus on the basis of birth is 672+36 = 702 Million. That means the original population increase of Hindus is 93%. Out of this, 10% had gone to other religions. The remaining balance increase of population is now seems to be 83% only.

In 1961 Muslims were 460 Million. But in 1991 Muslims were 950 Million. Like Hindus increase ratio at 93%, if Muslims also increased the Muslim population should be 887 Million only. The excess 63 Million people have adopted Islam from Hindus.
In India Muslim population starts at 0 and increased by adopting Islam. It is alleged Muslims marry more women to increase their population. Handful of Muslims only has polygamy in a town. So, it is wrong to say that the population of Muslims increased due to polygamy. If it is alleged Muslims marry more women to increase their population. Though denied by law, more Hindus have polygamy more than Muslims. Moreover, Hindus have concubines also. So it is a misplaced allegation on Muslim.
Polygamy is not allowed to women
Some argue that polygamy should be allowed to women also. This is an acceptable sophistry. There is no logic or morality to allow women to marry many men. If it is allowed the consequences would be very worst and unimaginable.
If many women give birth to children through a man, we can identify the parents of each child without any difficulty and can impose the responsibility on the man to take care of it.
If many men through a woman give birth to children, can we identify the parents of each child or can we impose any man to take care of it? Does our culture agree this? Is it not a set back to our morality?
This is a worst shame for the child and the mother. The child will be mentally upset. In this situation either every one disclaims the heir or each one claim that the child is belong to him only. Both the situation is dangerous. It will create confusion and worsen the problem. The child can’t claim any law of inheritance.

Thus there is unchangeable difference between the sexes; Islam allows conditional polygamy to men only. Knowing all this claiming polygamy for woman too is a sophistry and not a logical argument.

There is another important physiological reason for allowing polygamy men only. If a man wishes he can enjoy a woman when he likes. But a woman can’t enjoy a man if he doesn’t like it.

Polygamy can be prohibited only when there are marriageable men and women are equal in number. When there is bright chance to be first wife, no women will come forward to be a second wife.

Talak(Divorce)

The process of divorce in three stages in Islam allowed to a man is known as talaq.

Some allege Islam for allowing the right of Divorce to men. From the time Shabanu is divorced this propaganda spread all over the country. In marital life the woman is affected much. She loses her girlishness and the beauty if she gives birth to children. When a man divorce her, her life will be at stake. She can’t get renovation. Getting remarriage is also very hard even virgins are stagnant, who will come forward to marry a divorced woman. So, the people criticize Islam in support of the divorced victim.
It is true that women are affected very much when they are divorced. Why should we not prohibit Talak is also a good question? But the answer for it is more reasonable and justifiable when we consider the outcome of it.
Let us analyze both the consequences of allowing and denying the Talak. In both the cases, there will be some bad consequences. But in allowing it, we will get less bad consequences than in allowing it. Islam permits divorce wisely to avoid worst consequences.

We can explain it in detail.

For example a Hindu husband is not allowed to divorce his wife.
When a Hindu husband dislikes his wife for a reason and he wants to divorce her. Then, he should go to the court and declare a justifiable reason to convince the judge to get an order of divorce from the court. But, it is a tedious time consuming and expensive onerous job.

Leaving without any conjugal life

He prefers to be with a concubine leaving his wife without any conjugal life. Even the wife’s expenses will be denied. If she raises her voice for the right, she will be tortured. There are so many victims in our country.
Alleging with obscene blame

The husband alleges his wife with obscene blame to get divorce from the court. He coins such blames, creates false witnesses and cheats the court to dance upon his whims and fancies.
Murdering cruelly

Impatient husband who can’t wait for the judgment of the court and who do not want to spend for the case burns her with petrol and pretends as if it happened due to stove blasting. This kind of cruelty is the common incidents. It is impossible to prove, as there is no eye witness for the happening and all the traces of the cases are wiped off.

To avoid all these awkwardness, what is wrong in allowing divorce?

Knowing the cruel nature of man, Islam has unwillingly permitted man to divorce his wife to protect her honor and life.

If there is right to divorce for the husband himself he can easily divorce her. She also can remarry, as she likes, if she has the right to remarry as Islam allows.
Those who criticize Talak should give a flawless solution to avoid all the above mentioned atrocities of man to avoid divorce.

As Islam advices that the act of Divorcing should be easy, it does not mean that encourage doing it in haste. On the contrary it doesn’t allow divorcing it in haste. Islam guides to consider so many things before divorcing.
Gentle advice for returning back to straight path

A husband who face problem with his wife should advise her gently by pointing out her blemishes, her duties, and the future of the children and his responsibilities to protect her and how much he is affected by her behavior. If she did not understand it and did not correct herself, he may be forced to divorce her. Then what are the bad consequences she has to face.
If you afraid that there will be cleft, advise her (Al-Quran 4:34)

From this advice, you should not misconstrue that women only will commit mistakes and the men never will commit mistakes. That is why Islam did not fail to advise men more forcefully than this.
“Be decent with your wives. You may hate a thing from her. But it is not right. In what you dislike from her, in which Allah might have reserved so many good things” (Al-Quran 4:19)

“Be good to your wives. They are created from curved ribs. If you use it with that bend, it will be benefitted. If you work to straighten it you may break it.” said Prophet Mohammed (PBUH). _ Buhari 3331 and 5186

“If you find any bad thing from your wife, do not hate her immediately. If you watch, you can find some other good things from her.” said Prophet Mohammed (PBUH). _ Buhari 2672

Abstaining from Bed to correct

Even after you politely advised her, she did not change herself, to show your dissatisfaction, your hatred and the necessity of conjugal life and to impress her that you can separate her permanently, keep aloof her from your bed temporarily.
“Abstain her from your bed temporarily” (Al-Quran 4:34).
When a woman is haughty that the husband is fascinated and he can’t be without her, if her intimacy and femininity is ignored by her husband, she will clearly understand that her husband may give up her. She may correct herself. Thereby divorce will be avoided.

Beating lightly to correct

Even the above mentioned two actions do not have any effect on the wife and she still remains adamant, as a third option Islam allows to beat her lightly to correct her.
“Beat them lightly” (Al-Quran 4:34).
It does not mean to beating with full strength. Prophet Mohammed (PBUH) has prevented beating in the face or wound the women anywhere.
_Buhari 4942, 5204, 6042
If her husband beat her, she understands that he is ready for all. So she corrects herself and the divorce is prohibited. Islam permits the husband to beat her in order to correct her. But this also is criticized by others. But in reality non-Muslims beat and torture their wives more severely than the Muslims. The order of Prophet Mohammed (PBUH) prevents Muslim torturing his wife.

Judgment of Jamaath

When all the above mentioned 3 actions fail to correct the women, Muslim Jamaath will intervene to settle the matter between the couples.
“If you afraid there will be separation between couples, let a well-wisher from each side of the couples as messengers try to bring the compromise between the couples. Allah the omniscient knows everything. (Al-Quran 4:35)

To solve any problem, if the concerned parties alone talk to themselves they can’t come to a compromise. Because, they will approach the problem on the ground of feelings and they will be obstinate in their positions only. It is no exception for the problem arising between couples.

Therefore, the well-wishing relatives who are not directly involved in this problem and who like the couples to join together try to solve the problem. Then the accusations, the likes and dislikes of the couples considered impartially avoiding divorce and arriving at amicable settlement.

Even this fourth option fails, and then there is no meaning for the couples to live together. Then Islam allows ‘Talak’ divorce unwillingly as there is no other go.

The Procedure of ‘Talak’ (Divorce) in 3 times

Even in this situation also, Islam does not prescribe divorce impatiently. Islam prescribes three stages for declaring ‘Talak’ (Divorce). In the first two times of interval, if the couples reconsider their decision of separation and like to join together they can. If they utilized the third time also, then they have to separate themselves permanently. This is the procedure of ‘Talak’ (Divorce) in Islam.

The First stage

Islam prescribes three stages/opportunities for ‘Talak’ (Divorce). If a man declares ‘Talak’ (Divorce) for the first time it is considered as First Stage. When the husband declares ‘Talak’ (Divorce) to his wife for the first time, if his wife is not pregnant and they wish to live together again they have to wait till she gets her third menses and before she gets purified from it. If his wife is pregnant and they wish to live together again they have to wait before she gives birth to the child. For those old women had passed the age of monthly courses, if their husband wished to live together, they should within 3 months. There is no other ceremony for it.
As soon as the husband declares ‘Talak’ (Divorce) to his wife for the first time, their marital relationship does not end. It is a temporary pause only. If did they not join together within the stipulated time can’t they join forever? It is not so. Even after a long time also they can join again. But, they have to remarry in Islamic way again.

For your young women if you have any doubt and those who had passed the age of monthly courses, for them all the prescribed period is the same 3 months. For the pregnant women, until they deliver their burdens. (Al-Quran 65:4)
Divorced women should wait for three menses periods. If they have faith in Allah and the Last Day, it is not lawful for them to hide what Allah has created in their wombs. If their husbands wish for reconciliation, they have the better right to take them back in that period. (Al-Quran 2:228)

The Second stage

The husband who utilized the first opportunity of, ‘Talak’ (Divorce) while living together finds it difficult to continue anymore can divorce as he did earlier and join again in the same way. This is the second opportunity.

Thus declaring ‘Talak’ (Divorce) is twice only.

The divorce is permissible twice only. Then, the couples should either have together on justifiable terms or separate from each other with kindness. (Al-Quran 2:229)

The Third stage

The husband who utilized the two opportunities of, ‘Talak’ (Divorce) while living together finds it difficult to continue anymore can divorce as a third time. But he can’t retrieve after it, as he used his last opportunity. If again the husband wants to take her back, she should be married to another man and he should also declare ‘Talak’ (Divorce) to her. Then her first husband can marry her again. As the condition is very severe the husband will not dare to use it and thereby ‘Talak’ (Divorce) will be avoided.
If a husband divorces his wife for a third time, after that, he cannot re-marry her until she is married to another husband and he also divorces 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. Allah makes it clear to those who understand. (Al-Quran 2:230)

‘Muthtalak’-Divorcing thrice at a time explanation

There is a misconception among Muslims. Some Muslims misconstrue that if a man declared 3 Talak, or Muthtalak or Talak, Talak, Talak, at a time, it means he has utilized all his three chances of Talak.
Among the contemporaries of Prophet Mohammed (PBUH) if a man declared Muthtalak, it was considered that the man used his right for a time only.
_Ibnu Abbas (RL) Muslim 2689-2691

Talak is the 3 chances bestowed to men to show his hatred towards his wife for leaving her. Getting angry, if a man tells many Talak at a time, it means he used his chance of declaring Talak. Some Muslims consider if a husband used the word ‘Muthtalak =3 Talak’ he can’t get his wife back. He is separated permanently from his wife. Muslims should give up this wrong notion. This is only criticized vehemently by others.
If it is understood properly, though Islam allowed men to declare ‘Talak’ (Divorce), the procedure to adopt it is meaningful, impartial thinkers will accept it.

Women’s Right to Divorce

Islam has given right to Divorce for both sexes equally. But the procedure only differs. Though some ignorant Muslims deny it for women, we can’t blame Islam for it.
The wife of Sabith Bin Khais informed Prophet Mohammed (PBUH) that she can’t blame the conduct and character of her husband but she does not like to live with him. The Prophet Mohammed (PBUH) enquired her whether she can return back the garden she received from him as Mahar. She replied her consent. The Prophet Mohammed (PBUH) informed Sabith Bin Khais to receive the garden and divorce her. _Ibnu Abbas (RL) Buhari 5273, 5277

If the women do not like her husband she has to report to the community leader. This arrangement is in practice as she has received Mahar from the husband and she has to return it back to him in public. Moreover, after divorce they have to suffer a lot to recover their life. So, she should not take any hasty decision. When she report to the community leader, he may advise her. That is why, it is better for her to get divorce in front of the community leader.
It is the easiest way, which you can’t find anywhere for women to get divorce. What is not available in other communities even in 21st Century, Islam has bestowed 14 centuries ago.

In the cited example the woman did not find any fault with him, she did not like him, the Prophet Mohammed (PBUH) did not even enquire her reason for it.

Islam does not consider wedding as an irrevocable one. It is merely an agreement.
How could you take it when you have mingled into each other and she has taken from you a solemn covenant? (Al-Quran 4:21)
Women have rights similar to those of men over them in kindness (Al-Quran 2:228)
If we do not allow women the right of Divorce, there will also be some bad consequences. As the Divorce Act is severe, the women who do not like her husband, plans for murdering him. Such events are increasing.

If women die of stove blasting, men are killed by poison. Among the cases, he was well to go to bed but did not wake up, most of them belong to these category. As kitchen responsibility is in the hands of woman, it is easy to be executed.
Or some women conspire to kill her husband with her sweetheart. If the right of Divorcing was easy such kind of murders will be avoided.
Islam has allowed both the sexes the right of divorce equally. From this we can understand that Islam has bestowed all the rights to women no less than men

Alimony

Alimony is a legal obligation to provide financial support to one's spouse upon divorce. Non-Muslims find fault with Islam that the women are not allowed Alimony after they are divorced.

During the case of Shabhanu, all the Indian newspapers propagated that Muslim woman are denied Alimony. Not only then, whenever they find chance, they never fail to criticize Islam for not allowing Alimony.

Those, who advocate Alimony is a must, put forth the following reasons.

They say “In the wedded life, women are affected more than men. She loses her youth and beauty. After losing them, if she is divorced what would be her future? Therefore, Alimony should be bestowed on her.
Even those equalize women with men in all aspects also advocate for alimony is strange. They do not understand that they contracting their own stand. If they are true to their belief that both the sexes are equal they should talk against alimony. In the family life both the couples enjoy and separate themselves for some reason. Then where comes right for women to demand alimony from the men.

Let us justify reason for Islam denying alimony. No Muslim denies this fact that the women are affected when they are divorced. Islam denies alimony, as it is not the right solution for the affected womenfolk. As a side effect, it opens bad consequence also.
When a man divorces a woman, if he does not have any resource, no court can order him to pay alimony. Even if the court orders him, he can’t fulfill it. For disobeying the court the man can be arrest but can’t recover anything from him for the affected woman. As most of our people are living a hand to mouth life only, there is no possibility of getting alimony to help the affected woman.

Some may advice that it can be implemented with affluent people. It is meaningless with them also. If a rich man divorced his wife and decided not to give any alimony to her, he can arrange false witnesses to dodge her. To those who can cheat the Government machinery from tax paying, it is easy to cheat a divorced woman. If the affluent willingly paid the woman can get or else the law can’t force him.
On the other hand, mostly the woman marries a rich man will also be wealthy. She will not be in a position to live expecting her divorced husband. For her alimony is not a must. For a rich woman, there is much opportunity to get it, but she is not in need of it.
For the poor woman alimony is a necessary one. But her divorced husband is not capable of paying it.

In a nut shell, alimony is impracticable. For what reason alimony was enforced, the law reposes in the penal code and the reason remains unsolved.

Some lawyers instigate women that they can recover alimony from their divorced husbands, but they get more fees than the recovery of the alimony. Some women after getting judgment for alimony can’t recover their alimony, but they are wandering around the court yard. Some husbands pay very little alimony. To get the little money has to travel monthly to the court and pay off bribery to court employees. Deducting the expenses, what alimony they get after a long turmoil will be almost nothing. Knowing all about the process of getting alimony is good for nothing, some claim that it is the best solution for the women. In reality, while they try to cheat others, they are cheating themselves only.

The law declares that the women are eligible for alimony until their death or remarriage.

The divorced women, who were ordered to get alimony, practically know the burden of family life, may try to get alimony to fill her stomach and live like a free bird. They may quench their physical needs illegally without any wedded life. It is also a kind of injustice to the divorced husbands who pay alimony. We don’t argue all will go astray. We worry that there won’t be any indirect legal permission to go astray in the long run.
They enquire what solution Islam has put forward for following questions:
How to redeem the divorced women victims from their pitiable plight?
If alimony is a defective solution, what is the right solution?
What is the future of the divorced women victims?
Islam has declared three kinds of security for the divorced women.

The First Protection

A woman can demand any amount as her Mahar and keep it under her custody. Islam guides woman to keep her Mahar for her future protection. As they get a huge sum, there is neither possibility to be cheated by the husband, nor the women to go astray when she is allowed to remarry as she likes.

Either a Muslim woman remains alone or remarry she need not get anything as alimony as she gets Mahar in advance. So, she prefers remarriage. Then she will again get Mahar for her futurity. For her current expenses, her new husband will take the responsibility.

The current practice of Indian Muslim is contrary to their religious norm.do not pay Mahar to the bride and they dowry from bride’s family for that we can’t blame Islam. The wise people won’t do so.

The Second Protection

Either Islamic Government or Islamic Jamaath should collect the huge amount form the husband who divorces his wife. In this case, he can’t cheat the Islamic set ups as he can cheat our court of law. This is the second security arranged by Islam to the divorced women.

Maintenance expenses should be provided on a reasonable scale for divorced women. This is a duty of those who fears Allah. (Al-Quran 2:241)

Some people misconstrue that this verse refers alimony to be given for 3 months. If it is so, Allah would have declared to pay for Iddah period only, He will have ordered so. He need say to bestow them in a justifiable good way. After enjoying a woman, in her youth and compensate her by payment of 3 months’ expenses to divorce her, will not be a justifiable good way.

If it happened to one’s own daughter, what kind of judgment he will expect that should be the right judgment.

There is no blame on you if you divorce women before consummation or the fixation of their Mahar. But bestow on them a suitable gift, the wealthy according to their means, and the poor according to their means. A gift of a reasonable amount is due from those who wish to do the right thing. (Al-Quran 2:236)

This verse orders to bestow on a gift to the divorced, even if it is before consummation. We have to take it as a measure of scale to the divorced women after consummation also. This is the duty of the Jamaath, who fears God to collect the amount from the husbands who divorced their wives to pay it off to the divorcees.

Some Jamaath collect only the dowry, which the bridegroom received from his bride. This is her due from the bridegroom. But they did not collect any compensation for the divorce from him.

As Muslims do not follow the orders of Allah, they are criticized. It paves way for others to push alimony on Muslims. So, Muslim Jamaath should understand the implication of Allah’s verse and accordingly to maintain justice to the women. Since Muslim Jamaath do not practice the order of Allah, Islam faces the criticism and Non-Muslim try to impose false alimony on Muslim women also.

In Al Quran verse 65:6, it is mentioned that if the divorced woman is pregnant, she should be paid till her period of delivery. So, some people argue that the divorced women should be paid till her Iddah.

In In Al Quran verse 65:6declares the excess expenses to be spent on divorced women when she is pregnant. Considering this verse, none can ignore the order of Al Quran verse 2:241

If the woman had child though her divorced husband, as the child is living with the husband should bear all the expenses include suckling expenses of the baby. She has to suckle the baby for two years. The husband should bear all the expenses of food and clothing. But it will be within their means. If the of the child died, his heir will bear the burden. Nobody is burdened beyond their limit. If they decided to stop the suckling or arranged to suckle through other women there is no harm in it. But fear Allah who is watching your actions. (Al-Quran 2:233)

The Third Protection

If the divorced woman has no child she won’t have such troubles. If she had children, due to the affection on the children she will keep them with herself. But the divorcee will get all the expenses for the children from her divorced husband.
The divorced woman who has no child and those who don’t want bring up the children and leave them under the care of their divorced husband alone can’t get any expense money.
Those who think impartially will realize that the security provided by Islam to woman, instead of alimony, is more fruitful and can’t be blamed in any aspect.

Hijab(Burka)

Islam orders women to hide their body in cloak except their face and forehands. Islam calls it Hijab. In our country it is called Burka, cloak etc., Non-Muslims criticizes this also.
The Reformers and the elites accuse that Hijab(veil on seductive portions) is an extra burden on women. It snatches their rights and intervenes in their personal liberty.
In reality, Hijab was accustomed to honor and safeguard womenfolk and not to snatch away their liberty.

Falsification of Hijab accusers

Those, who propagate equality between men and women are true in their argument, concerning wearing dresses, what liberty they have allowed to men, they should allow to women also. But they can’t.
A male labor wearing his banyan and half nicker can work in front of anybody but a woman can’t. Even a Reformist can’t allow such dress to his wife, mother and sister.
All men and women have understood that women have more seductive portions than men and so those portions should be hidden. In hiding limit only they can differ.

Safety for woman

Though both the sexes are created to attract each other, there is difference in the taste.

Men like the beauty, color, youth and bodily structure of women. Then when the women come out with less or tight dress men are attracted. They like to see them again. But the women taste is different. They are not interested in the body structure of the men.
Obscene cinemas and books utilize the nude poses of women only for the business and not the nude poses of men. In making dresses for women, we should not take likings of women only; we have to take into consideration of the mentality of men who looks at them. The dress control is absolutely necessary for both the sexes to live with chastity and dignity.

From beautiful women, what parts men like to look at, should be hidden. None other than their husbands have the right to gaze at it.

Just seeing does not make any lose is a wrong statement. Seductive scenes are the root cause for many bad consequences which we meet in our day to day life. Those who look at beautiful women, most of them control themselves at enjoying the sight only. Some people remain mentally living with those women secretly. Some people compare their wives with them and lessen their intimacy with their wives. But a few people plan to snatch away their modesty. This kind of infatuation may lead to seduction and even to murder.

The world is lagging behind in morality due to the economy women’s dressing and their seductive make ups.

Some people argue as men like women, women also like men. Though it is true to an extent, this reason is not strong enough to deny Hijab for women.

Being carried away by the beauty of a woman, if he likes to enjoy her, he can rape her without her approval. But if a woman is infatuated with a man and he does not like it, she can’t seduce him. It is the biological truth.
When a woman is raped, her right, chastity, and self-prestige are affected. The culprit, who fears that he will be punished, murders her to avoid any complaint against him.
Those who blame Hijab do not think about it.

The Women’s Right Organizations and the Reformers raise their voices against the daily rapes and the atrocities prevalent on women. They advocate for Arabian Criminal Laws for punishing the culprits severely. But they forget conveniently that women’s seductive dressing is an important reason for inducing the crime.

Sometimes Women’s Right Organizations and the Reformers tear the obscene posters, or smear them with tar. It declares the approval of their conscience that women should have control over their dressing.
An actress is ready to wear seductive dresses. With her approval only the sexy posters are pasted. Smearing and tearing those posters, are they not, intervenes the personal rights and freedom of the actress? “Women’s parts should be hidden” says Islam. Though Women’s Right Organizations and the Reformers speak against Hijab intervenes women’s right, their inner conscience accepts Islamic doctrine, which reflects in their action of tearing and smearing the obscene posters.
While the whole body of a woman is attractive, why did Islam allow the face and the forehand up to wrist to display?
Islam allowed these parts left uncovered for a justifiable reason to avoid the bad effects.

Among men and women only a few live righteous life in the fear of God. Others pretend to righteous, on the fear of the society. This is the reason for the people are not righteous in an unknown place those who were righteous in their native place.
If the women are allowed to hide their faces, they will not be identified then they are free to go astray. If men are allowed to wear mask, they will commit crimes. To those, who do not fear the God, there is the fear of society that keep them to be righteous.
If Islam allowed Muslim women to cover her face, she may go astray. Non-Muslim women also in the guise of Muslim women can have illegal contacts with men. Even Men in the guise of Muslim women will commit crimes. So, Islam did not order Muslim women to hide her face.

No contemporary women of the Prophet Mohammed (PBUH) had hidden their face. To be identified and to work, Islam allowed women not hide their face and forehand up to wrist. But the other parts of women are challenging the modesty of men also. So they should be hidden.

Modest dressing as covering everything except the face and forehands will not dissuade women’s progress at all.

All over the world prime ministers, presidents and chief ministers wear dresses covering their whole body except their face and forehands. This kind of dress is not a barrier in their profession and progress.
In this juncture, how can we accept women to display their parts as a sign of their liberty?

To allow men to gaze at the beauty of women is mental perversion and it is a misnomer to call it as a freedom and right of women.
Islam does not prescribe any shape or color for Hijab. Hijab should cover the whole body except face and forehands. To maintain morality and dignity of the society Islam introduced Hijab. Even after seeing the outcome of dress liberty in western countries, none can deny the safety of Hijab to womenfolk.

The Law of Inheritance in Islam

The Law of Inheritance in Islam prescribes the share of male and female child at 2:1. Regarding this, Non-Muslims accusation expands as follows:
Men are strong and they have many opportunities to earn. So, they should be given less. Even if both the sexes are given equally also it is an injustice. In this juncture, women are given half of a man’s share is a big injustice.
Before the introduction of Islam there was no law of inheritance to woman. Women have the share of properties of neither from their parents nor from their relatives.

For the first time Islam introduces this right to women. Even after Islam, for the past few centuries non-Muslims did not allow Law of Inheritance to women. In the law of Inheritance women were included in some parts of our country very recently. In Tamil Nadu during the regime of Karunanithi, women were included in the law of Inheritance on a par with men.
The share ratio of Islamic Law of Inheritance is based on wise and logical reasons.

More burden to Men

In Islamic social setup, men have more financial burden than women. A Muslim is bound to provide food, clothing, shelter and other expenses to his parents, wife and children. But a Muslim woman has no such responsibilities. The same situation prevails in Non-Muslim societies also.

Those who forget to take into the consideration of this difference blames the Islamic law of Inheritance is injustice to women.
Is it an injustice, if it is bestowed more to those who bear the burden than those who do not have such burden?

Though a Muslim male gets twice of his sister, it is insufficient to meet out expenses imposed on him. On the contrary, though a Muslim woman gets half of her brother, it is an excess for her, as she has no obligation to spend on others. Even her personal expenses are also provided by another man (Father, husband, son and brother). So, it is obvious that the Islamic Law of Inheritance is more just and wise.
Women’s share goes to others

Everyone wish that his property, after his death, should be distributed among his blood relations. It should be spent within his family circle. There is justice in that wish. Though his wish is not fulfilled exactly, at least to execute it to an extent, this kind of partiality is inevitable in the law inheritance. The share given to the female child will be spent on the family of her husband only. Though the daughter can keep her share for herself, due to her affection with her husband, she will be ready to spend on her husband’s family.

But the share received by the son spent on the blood relations and wishes of the deceased is fulfilled to an extent also. So, the male child getting double share is not an injustice.
Father’s family is the shelter for women.

Due to the weakness of woman, her share may be swallowed by her husband’s family and in some cases driven out also. In this situation the woman takes shelter in her father’s house. If she had a brother, he has to provide for her. If both had got equal share the brother may neglect her. When he gets double share, it will be his bounden duty to provide her, in her pitiable plight.
Male assists his father to develop his property.

Mostly male children assist more his father to develop his property than his female children. This is also one of the reasons to show partiality in the law of inheritance. Is it an injustice to pay more percentage of the share to those who assisted to develop the property?

Female children gains more from the father.

For food and shelter expenses of both the male and female children are equal. But, in other expenses the female children gains more from their father as jewelry, clothing and beautifying materials. The high worth remains with the female children as their property. Moreover father spends a lot on her marriage and gives her gift as materials also. While the father alive, the female children get more than male children. Only after the death of the father, in the law of inheritance, they are provided half of a male’s share.

These are the justifiable reasons in the background for the partiality in the Islamic Law of Inheritance.

On 2nd Aug 2001 an article was published in Dinamani titled“brhj;jpy; rkgA;F,flikapy;?”“ Equality in Law of Inheritance! But in Duty?” If anyone think about, what Suthandra Thayagan has exposed as an important aspect, will affirm that the Islamic law of Inheritance is wise. The article expands as follows:

“Bestowing equally by law of Inheritance is not astonishing. While providing equal share to women do they lend their hands equally in their duty also?”

The parents bring up their female children in a par with their male children. They provide food, clothing, shelter and education. They are wedded to good grooms spending lakhs of rupees. They spend for their delivery and invite them for feasts. Moreover provide equal share in property and cash also. Can the parents who provided all these, during their old age, stay with their female children?

The female children, taking all from the parents, leave them to their brothers. This tendency should be changed. The son-in law, who derive all the facilities from the parents of his wife, should come forward to take care of them during their disability. “Right for
daughter but duty for son only” is the bad situation. The son and the daughter-in-law, who face such situation, will be upset mentally.
When the female is bestowed equally in the law of Inheritance, the male is prone to think “Why should not his sister foster her father?”
The time will come soon to stipulate female children, who get equal share, to foster their parents. Due to the equality maintained in the genders in the law of Inheritance may be also a reason to the increase of Aged orphanages. If Islamic Law of Inheritance is practiced this kind of bad consequences will be evaded. It is good both for parents and female children. So, the partiality in the Islamic law of Inheritance is just and wise.

Witnesses

As Islam prescribes 2 female witnesses are equal to a male witness, Non-Muslims criticize that Islam degrades female witness. It is a great injustice to women.
Take two men as witnesses. if there were not two men, then a man and two women you choose for witnesses, so that if one of them forgets, the other can remind her. (Al-Quran 2:282)

In School and College examinations women score more marks than men. This is the proof for the intelligence and remembrance of women. When women have more potential intelligence and remembrance than men, diminishing their witnesses as half, is an injustice.

Some women are ruler of their country in some part of the world and governing their position well also. In this juncture, it is not reasonable to show partiality in the trustworthiness of their witness.
These arguments are right. But there is no relativity between these and to act as a witness.
Islam does not deny the intelligence and remembrance of women. In some matters they are more qualified than men.
Prophet Mohammed (PBUH) has told that women have efficiency to control the intelligence of brilliant men and make him inactive (Buhari 304, 1463)

Mother Ayesha (RL), and Mother Ummu Salma (RL) has the remembrance to educate even the friends of Prophet Mohammed (PBUH). They had the intelligence to outwit them logically. It has been recorded authentically in the Islamic History.

Exaggerating

Are Intelligence and remembrance only the sufficient qualification to act as a witness? Surely, they are not. There is another most important qualification is required. A witness should tell exactly what had happened without changing, diminishing and exaggerating. Truth and exactness is the vital quality of a witness. Witnessing is to deliver the truth to the world and determine the future of the accused.

Psychologically, women are partial ignoring the errors of those whom they like and exaggerate the errors of whom they dislike. To look at a needle as a pillar and an elephant as a cat degrade the qualification of a witness. The Tamil proverb “If the mother-in-law breaks a thing it is ignored as a worthless mud pot, but if the same thing is broken by a daughter-in-law it is punishable as if she has broken a golden pot.” depicts the feminine nature.

Therefore, we come across so many mother-in-laws, who talk about justice about the atrocities that her daughter who is suffering in her father-law’s house, show their dumb mouths over the injustice they enact to their daughter-in-laws.

The real exemplars are those who accuse others for their makeups in unprintable words, themselves load up their makeups with their dear and near and feel haughty about it also. Most of the women are like this. There may be some exceptions.
To witness a man whom he hates, if the witness say that he saw that the man received some bundles of currency, in the case of Hundred Rupees loan the judgment will hang. If the witness curtailed the fact also there won’t be judgment proper.
Natural Weakness
Women do not have strong body built-up like men. Due to mensuration they become weaker still. It affects their mind and they feel staggering and chaos. Doctors, psychiatrists and physiologists approve this fact.

During her menses period, if a woman is called for witness a case her witness may not be complete due to her menstruation. The witness should declare exactly the happening. If she declared in a lukewarm attitude, the judgment based on this witness will be defective. This is the second reason for degradation of woman’s witness.

Some may inquire why we should not take the women who passed menses age equal to men’s witness. Medical science informs they have another kind of chaos. So we can’t take woman on a par with a man witness.
Fear for Threatening

Generally what the witness say may affect one side of the case. Those who may be affected by a woman’s witness will threaten her. If she gets threatening that she may be killed or anyone dear to her will be killed, she will change the witness. For this reason also woman’s witness may be degraded.

Excessive Mercy

Physiologically, the women are merciful. Due to their motherliness they may be merciful towards culprits; they may hide the main points of the witness. So, two men required in the place of a man’s witness. Truly, two women will not explain the incident as same.

So, Islam prescribes two women witnesses in the place of a man’s witness. It is wise and just. In each and everything Islam evaluates the required qualification and on that basis differentiates man and woman and bestows on them their rights. Those, who think about it impartially, will understand the deep rooted justice hidden in that.
Moreover, it should be noted that a woman acting as a witness or avoid this will not affect her.

Iddah

A woman should not marry immediately after the death of her husband. She should elapse Iddah time. But a man has no such restrictions. If he likes he can marry on the same day of his wife’s demise. This Islamic Law also is accused by Non-Muslims that it is against Women’s right.

When the husband dies, if the wife is pregnant, she should not marry until the delivery of her child. If she is not pregnant she should wait 4 months and 10 days and this period in Islam is called Iddah. Then only she is allowed to remarry.
Though this order of Islam seems to be an injustice to woman, if we know reason behind it, it will be agreed even by the accusers. At the demise of the husband the widow may be pregnant. If she marries another man it will be an injustice.

• It will be thrusting the deceased husband’s heir to the new husband
• If the born child does not have the resemblance of him, the new husband will feel that he is cheated and he will not take care of the child. Even if the child the real heir of the deceased, it can’t get any share from his property also. If she proved that she has no embryo in womb and married, it will be safe to her and the child.

Some may argue that there need not be 4 months and 10 days to prove that a woman is not pregnant; if the next menses is discharged, it will affirm that she is not pregnant and she is free to remarry.

Discharging of menses is a private and personal affair of the woman. We believe her saying only. When the menses stopped, on the desire of remarriage, if she tells the lie that her menses is discharging, none can verify it. If she is tested, it will be a shame to the woman concerned. This much elapse of time is required, what the concerned woman alone is aware of whether she is pregnant or not, to be understood by others also outwardly.
After the demise of her husband, a widow marries another husband as she is getting normal discharge of menses. If she gets premature delivery on 8th month, she may get problem with her new husband that she has cheated him and he may deny his heir suspecting that the child may be through her previous husband. Moreover, the child can’t claim the law of Inheritance on either of the fathers.
After proving the people around her, elapsing 4 months and 10 days in Iddah, even if she gets pre-mature delivery at 8th month, the new husband can’t deny the heir and he can’t even doubt about it. The woman can be happy with her new husband. The child will get the legal right. So, Iddah is essential and wise arrangement of Islam to honor the womenfolk instead of degrading them. In short, Though Iddah seems to be against the women’s right, in reality it is blessedness in disguise for women.

Woman in Administration

Islam opposes women to be the administrator of a nation. Non-Muslims accuse that Islam intervenes in the right of women and disgrace them.
Prophet Mohammed (PBUH) has declared that the society will not flourish, where the women is in the head of administration. _Buhari 4425, 7099
Islam does not deny any other leadership for women except administration. Let us analyze how people select their administrators.
Come to power by backyard

In a democratic country a man in politics after struggling a lot from the base level rises to power. He will participate in agitations and arrested many times and beaten also. After sacrificing a lot, he will become popular. Because of his hard work and intelligence he will push back others and come to forefront. But how do the women come to power? Do they start crying the slogans, hoisting the flags, sticking the posters, participating agitations and arrested? No.
They may the wife or daughter of the man who rose to the power. The woman, who is related to the leader, only for that reason, pushes all next cadre leaders in that party back, comes to the power.

After Jawaharlal Nehru deceased, though there so many martyrs and leaders in congress Indira Gandhi pushing them all back came to power.

In Sri Lanka, after the assassination of Bandara Nayaka, his wife Srimao Bandara Nayaka came to power while there were so many next cadre leaders in that party. After her, her daughter Chandrika occupied the chair.

The only reason that Benazir is the daughter of Zulfikar Bhutto, she became the prime minister of Pakistan though she had not served to the party as any basic volunteer of the party. Nusrath Bhutto came to power as she was the wife of Zulfikar Bhutto.
Shaik Hasheena became the prime minister of Bangladesh, only because she was the wife of Mujibur Rahman. Those who worked with Mujibur Rahman for the freedom of Bangladesh were all pushed back.

Now Khalida zia is the prime minister of Bangladesh as she was the wife of Ziaur Rahman

Meghavathy has become the president of Indonesia, as she is the daughter of great leader Suharno.

Even in Tamil Nadu Janaki became the CM as she was the wife of MGR. Now, Jayalalitha has become the CM on the background of MGR.

Rapri Devi has become the CM of Bihar, as she was the wife of Lalu Prasad.

Siva Parvathi has become the party leader, as she was the wife of NTR.

Najma Hibathullah has got the post as she was the daughter of Hibathullah.
In future, if Sonia or Priyanga got the post, it will be also on the same route.

A man has to sacrifice a lot to come to power. But the woman comes to power without any hardship.

It is the big injustice. There are so many volunteers in the next cadre of the party leader in any party. But they are all ignored because of a woman related to the leader.

If any woman got power without any background she has to pay the price for it, which we need not explain it in detail. This is the first reason for Islam to deny woman’s leadership for administration.
Femininity as Shield

If a woman comes to the power and she commits mistake. Then her femininity will be shielded for her mistakes.

If the woman administrator’s scam is criticized, they reply that they are criticized severely as they are women. From Indira Gandhi to Jaya Lalitha nobody is the exception.

When their character and honor is criticized, if they say so, we can consider. But, even the scam is criticized, if they say so and field their femininity as a shield, only for that reason, they are not deserved for the post.
The female progressive organizations, which should raise their voice that femininity is not the shield for protecting from scam, in many occasions talked in favor of the culprit and argued “can they accuse a woman so severely (for the scam), as she is a woman?”

So, when the women administrators indulge in scam, the media hesitates to criticize them. When their scam and atrocities go beyond the limit then only women administrators are criticized. This is the second reason for Islam to deny woman’s leadership for administration.

Insertion of Heirs

Generally, men leaders do not insert their heirs all on a sudden. They will insert step by step and make believe that their heirs are deserved for such a position. But women leaders do not care about any justice. Indira Gandhi, Srimao, Nusrath Bhutto are the right paradigms. This is the third reason for Islam to deny woman’s leadership for administration.
Dictatorship

Until they did not get opportunity, women are soft by nature. But when they came to acme of administration, they become dictators. Indira Gandhi and Jaya Lalitha are the exemplars.
Among the men rulers, one may a dictator. In a ten female rulers one may a democratic. It is because they presume that if they show their manliness then only they can maintain their power. This is the fourth reason for Islam to deny woman’s leadership for administration.

Administrative position is one that the person should engage throughout day and night. This kind of severe burden if a woman does not bear the women folk will not suffer.
Besides, during the discharge of menses and the stopping period of menses, will make them think inefficiently. During this period, if they take any decision, it may go wrong and affect the nation by and large.

No relation to women’s Right

To handover the nation’s administration to a woman has no relation with women’s Right. In the country of a billion people, if the women were 500 million, one woman alone can be administrator of the country. If it is the problem of 500 million or little less women, then only it will be problem of women’s Right.

Education, employment, law of Inheritance and wedding are the Rights of women. But the position of administrative head does not belong to women’s Right.

Is woman’s supremacy is the protection for women?

It is propagated that if the women are at the helm of affairs womenfolk will be protected. It is a fiction. Whenever women are affected, the men only raise their voice in support of them. In the Public place, if the women are affected the men come forward to support them. But the women give up them and criticize that they deserve for that.

In the buses, the women do not give place to old women. But the men mostly provide their seats for them. The women only criticize the makeup of the other women and defame their character. In demanding dowry from another woman, the women hold the first rank.

When Muslim Jamaath deals with the family problem, all are in favor of women only. Therefore Muslim women are safer in the society. So, when woman is administrative head for the nation or a Jamaath, women will be safeguarded is a fiction 100%.

Illiteracy of Muslim Girls

Some slander that Islam denies education to girls. No religion has stipulated the importance of Education as Islam. Islam praises the elites both men and women without any partiality.
But Islam opposes co-education only. There are young girls succumbs to praise. As teen aged girls are vulnerable, educating teachers cheat and enjoy them. Co-mates also cheat them in the guise of free friendship. No day is wasted in the Daily News without such disaster.

In co-education, the concentration of the boys in their education is shattered. If the girls study separately, they can’t study well is the misconception. On the contrary, it is very safe and carefree learning for them.
Even in buses, men and women travel in separate buses. If they travel in the same bus, separate seats are allotted for them. We take safety measure for a short time travelling also. Then what will happen if we allow boys and girls mingle together for a long time in co-education?

When the cheated victim women are increasing, it is better to avoid co-education. It is safe to Non-Muslim girls also to study in women’s college.
Separate books can be written to elucidate how far girls are affected in co-education. That much the subject is vast and wide-ranging.
How many girl victims fill Daily News columns is the ocular proof to understand the way of the world.


Is women allowed to participate prayers in the Mosque?

Some people misconstrue that women are not allowed to participate prayers in the mosque. It is totally wrong. Prophet Mohammed (PBUH) has allowed women to participate prayers in the mosque. When he has allowed, nobody has the right to deny it. Due to the ignorance of Indian Muslims, it is prohibited in many parts of the country. For that Islam can’t be blamed.
Prophet Mohammed (PBUH) said “Do not dissuade women to come to the mosque”. – Buhari 865,899
Mother Ayesha (RL), the wife of Prophet Mohammed (PBUH) informed that the women participated in fazer prayer conducted by Prophet Mohammed (PBUH).
– Buhari 372,578, 867,872.

Prophet Mohammed (PBUH) said “I will stand with an intention to conduct a long prayer, and then if I hear a child’s crying, I will complete the prayer with the short chapters, considering the mind of the child’s mother.” – Buhari 707-710,862,868.
One day Prophet Mohammed (PBUH) came to conduct prayer late, and then Omar (RL) informed him that the women and children are sleeping. – Buhari 569,862,864,866.
During the period of Prophet Mohammed (PBUH), it was in practice that after the prayer is completed the men will stay in their places, until all women leave the mosque. – Buhari 837,866,875.
There are so many proofs in Hadees that women took part prayers in the mosque. Even today, in Arabian countries and in Malaysia women take part prayers in the mosque. Among the mosques, the mosque in Makah is in the first place, where men and women participate in prayers throughout the year including Hajj. Those who do not understand Islam prohibit women to come to mosque. But now it is changing gradually.

Slave Women

Islam has permitted the masters to co-habit with their slave women without marriage.- (Al-Quran) 4:3,24,25,36,16:71,23:6,24:31,33,58,30:50,33:52,55,70:30
It will create many doubts to some Muslims and Non-Muslims also. It is because living with slave women without marriage seems to be prostitution and as they can’t find any difference in it.
When looking superficially, it seems to be keeping a concubine. Those who understands it properly, will approve the law is just and wise. Let us analyze it in detail.

Since there are no slave men or slave women now, it is difficult to understand it . So, let us the see the historical background of it. When two counties meet in war, the winner will arrest the loser as captives. There will be some men and a few women also. In those days, there was no prison to keep and feed them. If food and shelter was provided, it will be an expensive burden. So the captives will be divided and distributed as slaves to the participants of the war. The recipient will take work from them and feed them. Those, who don’t need servants for work, will sell them to rich people. Therefore the slave markets were also prevalent then.

Moreover, some cruel kings will enter into kingdom which they captured and take the beautiful women as slaves, who don’t take part in the war. Thus, the race of slaves was created.
When the whole world approved this practice, Prophet Mohammed (PBUH) propagated Islam. Before Islam, male slaves were taken for work and female slaves were taken for carnal pleasure, was the way of the world.
Islam does not create slaves. On the contrary, Islam brought discipline in the business of slaves. Islam paved way to release slaves.
Some may enquire why Islam accepted slavery as it is and why it did not eradicate slavery as it does so many reformation by a single order?

In this problem, so many things should be taken into consideration. Though the slaves were created in the battle field, the soldiers who received those slaves will sell them for money. So, the slaves were with those masters who purchased them. If Islam ordered that there should not be slaves any more, the masters who purchased them will be severely affected. If the government compensated their loss, it can’t run the government. Without giving any compensation just ordering to release the slaves is an injustice for the masters who undertook the legal business of slavery.

Even if Prophet Mohammed (PBUH) releases all the slaves by paying compensation, it will also affect the society. There were battles often between the nations. If Prophet Mohammed (PBUH) alone releases slaves, Muslims soldiers captivated as slaves in other nations will stay there without any release. But the opponents will be released and they may come again to fight against Islam.
Moreover, the opponents may presume that opposing Prophet Mohammed (PBUH) will not affect them; it will affect Prophet Mohammed (PBUH) only. Therefore, Islam does not eradicate slavery by any order. But, to eradicate slavery Islam arranged other ways.
• Islam ordered the affluent to release slaves as the compensation for the sins like breach of promise or desist fasting. - (Al-Quran) 2:177,4:92,5:89,9:60,58:3,90:13
• On the contract basis, Islam ordered to release slaves. Islam encouraged the masters to make agreement with slaves to release them and they should work for them to pay off their debts. - (Al-Quran) 24:33
• Islam encouraged the master to release the slaves, by enacting a law that if the master releases a slave, he will be the heir to the asset of the slave earns in future. – Buhari 456,1493,2155,2156,2168,2169,2561-65,2578,2717,2726,2729,2735,5097,5279,5284,5430,6717,6751,6752,6754,6757,6759

By these orders Prophet Mohammed (PBUH) decreased slavery to an extent. This is common about slaves. Let us see slave women separately.

The woman sold as slave will stay in her master’s house. Either she will have her husband in other country or she will be a widow or a virgin. In that situation she should be protected from outsiders and her carnal needs also should be fulfilled. Taking all these factors into considerations, Islam enacted a law to safeguard slave woman. If she had many masters, only one is allowed to cohabit with her. During then if she delivers a child, she and her child should be set free from slavery.

If this is not allowed, while she is solely depending on her master, and there is none to talk in favor of her in that country, none can dissuade the master to enjoy her. Even outsider also may think to use her as she is a slave. When her master is in the position of husband she will be safeguarded. Only one master is allowed to cohabit with her and the child born to her will be the heir of the master. So, it is not prostitution.

Assume a young servant maid join to work for a master, the master did not buy her. She need not solely depending on him only. There are some people to her; they will raise their voice if she is affected. Even though there is so much liberty and outside support to her, so many servant maids become prey to the lust of their masters. Whether they like it or not it happens so.

Even if the plight of the servant maid who has liberty and outside support is so, we can understand the pitiable plight of the slave who has no freedom and outside support. In this situation if it is prohibited to the master to enjoy her, it will be a meaningless prohibition only. When there were slavery is prevalent all over the world there is no other go than to allow it. In the modern world where slavery is eradicated totally no woman can treated as a slave. There is another reason for not prohibiting this.

Islam has stipulated severe punishments for criminal offences. The people will evade crimes fearing the punishment. Even if Islam enacted a law not to enjoy slave woman, and the culprit who transgress the law will be punished severely it can’t be prohibited. Slave woman is staying in the master’s house, her loneliness can’t be suspected. If the mistake happened nobody will be the witness for it. As it can’t be prohibited and if it happened can’t be proved. In this situation, Islam also did not prevent it and allowed the practice that was prevalent all over the world.

The danger for the chastity of the servant maid is also same as the slave woman. So, some may presume can she be enjoyed? There is a lot of difference between the servant maid and the slave woman. There is no restriction that a servant maid should be servant maid. There is no obligation that she should work to a certain master only. If she feels that the master is not a gentleman, she can leave the job. In short, the servant maid can select her master. On the contrary, the slave does not have any such rights. For, slavery is imposed on her against her willingness.

If the servant maid wants to safeguard her chastity, she can evade such situations. But a slave woman can’t avoid such situations. So a slave woman never can be compared with a servant maid.Carnal desire is common to both the sexes. So, the feelings of both should be considered. A slave woman is taken to a foreign country as a virgin or separated from her husband. There is nobody to arrange marriage for her. If anyone comes forward to marry her, the master as he paid for her will not allow this. If she is allowed to marry, he can’t derive full work from her. Even if the master agrees, none will select her as a bride, who has to be in her master’s house always.

When the slave woman’s bodily needs are ignored, she will try for illegal contacts. Or she will entice her master himself and succeed. In an unknown place she will dare to do this crime. To evade the illegal contacts with the outsiders and to outlet her feelings, there is no other go than to allow her to her master only. Even if it is prohibited, it will happen. In this inevitable situation Islam allows this. This is the third reason for allowing the master to enjoy slave women without marriage. The slave woman gets the protection of a wife from his master. The child, she will give birth due to this contact, will be heir of the master. On delivery of the child, she is also set free from slavery. So, this contact can’t be blamed as prostitution.

Glossary

Polygamy Marry many women legally allowed in Islamic Marriage Law

Divorce (Talak) A man’s Right to Divorce his wife in 3
times in Islamic Marriage Law
Alimony Monthly compensation payable by
her husband to a divorced Woman
in Hindus’ Marriage Law

Hijab (Burka ) Islamic Dress Code for women to hide the whole body except face and
forehands up to wrist

Law of Inheritance Law to get Asset from the parent
Witnesses the persons who has to give impartial
and exact statement in a case to
arrive at correct judgment.
(Islam prescribes the witness of
2 women=1 Man)

Iddah Widow’s / Divorced women’s waiting
period in Islamic marriage law

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