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Social System
in
Islam
Social System: Khilafah Vs Capitalist Social
System
• Social System Defined
• Introduction
• Same Ahkam for both Man & Woman
• Specific Ahkam for each Gender
• Husband & Wife relationship
• Who gets more privileges
• Man & Woman not Sex Commodities
• Chastity & Dress Code
• Public Life
• Marriage
• Summary
Social System: (Nizam al ijtima‘i)
Social System Defined
The Social Systemis defined as the set of rules that organize all
the relationships and interactions between men and women in
the public and private sphere of life and all that branches out
from their mutal relationship
Social System
On what basis should we organize this
relationship
• The basis of equality can only be used to organize Man-Woman
relationship if both are the sexes are identical
• In this case same rights and same duties can be assigned to each
gender
Social System
Are man and woman identical?
• Science has proven that Man
and Woman are similar in a lot
of attributes but at the same
time they differ in many others
• They differ in terms of
physiology, emotions, mental
capabilities, hormones, child birth
etc
• Man is unable to precisely
identify the commonalities and
differences between man and
woman and hence is incapable
to assign precise rights and
duties corresponding to their
respective capabilities
Man Woman
Common Attributes
Attributes specific
to Men
Attributes Specific
to women
Social System
Equality doesn’t necessarily produce
justice
• Capitalism gives a simplistic solution to this very complex human problem and
declares that man and woman will be considered completely identical and thus will
be assigned same rights, duties and roles
• Asking a weak and a strong pupil of the same class to lift 40Kg weight may be
equality but this is not justice given the abilities of the two students
• Similarly same rights/duties for inherently different genders (man & woman) may be
seen as equality but definitely it cannot be seen as justice
• The West also recognizes these differences and this is why men and woman
compete separately in all types of sport
Social System
Man and Woman complement each
other
• In the eyes of Islam and society
Man and Woman are equal but
they are different and hence
must have different roles
• When Woman happens to be a
mother she has authority over
man who happens to be his son
• Man when assuming the role of
father and husband has a
leading role over his daughter
and wife
Man
Woman
Complementary role of man and
woman in society
Evidences
1. Allah says whose meaning could be translated as "Whoever works righteousness, whether male or female, while he
(or she) is a true believer verily, to him will give a good life, and We shall pay them certainly a reward in
proportion to the best of what they used to do" [An- Nahl: 97] And "And whosoever does righteous deeds, male or
female, and is a true believer, such will enter Paradise and not the least injustice will be done to them even to the
size of a naqir (speck on the back of a date-stone)" [An- Nisa: 124] And "So their Lord accepted of them, never
will I allow to be lost the work of any of you, be he male or female. You are (members) one of another" [Al-
Imran:195]
2. Thus, Islam came with different rules, some of which are particular to men and some of which are special to women such
as pregnancy, childbirth, suckling, custodianship and the waiting period. And it distinguished between men and women
with regards to a section of these rules and ordered them to accept what Allah has specially assigned for them in terms
of these rules And He said: "And wish not for the things in which Allah has made some of you to excel others. For
men there is allotted from what they have earned, (and likewise) from women there is allotted for what they have
earned" [TMQ: An- Nisa: 32]
Social System: (Nizam al ijtima‘i)
Introduction
Khilafah Capitalism
• In Islam, both men and women
conduct their lives according to the
Commandments of Allah (swt) in their
general and specific responsibilities
• The equality stems from the reward
and punishment that they will receive
from Allah (swt) for fulfilling or
neglecting their responsibilities 1
• Based on the concepts of “Freedom &
equality” the system tries to burden
each with the same rights and duties
• Allah (swt) created men and women
as clearly distinct in their physiology,
and such a distinction has mandated
certain responsibilities specific to
each 2
• Man and woman are completely
equal in all regards
• Under this guise of “equality” man
has actually forced the woman to
share his burden of responsibilities
such as providing food, shelter and
financial support etc.
Evidences
1. "Verily, the Muslims, men and women, the believers men and women, and the men and women who are obedient (to
Allah), the men and women who are patient, the men and women who are humble, the men and women who give
Sadaqat, and the fasting men and women, and the men and women who guard their chastity, and the men and
women who remember Allah much. Allah has prepared for them forgiveness and a great reward" [Al- Ahzab: 35]
2. Man gives meher to his wife not the other way around "And give to the women (whom you marry) their mahr with a
good heart, but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of
any harm" [TMQ: An- Nisa: 4]. Man is responsible for the sustenance of his family "But the father of the child shall bear
the cost of the mother's food and clothing“ [TMQ: Al- Baqarah: 233].
Social System: (Nizam al ijtima‘i)
Introduction
Khilafah Capitalism
• Woman has the same rights
and duties as that of Man 1
except for those which Islam
has specified exclusively for
man or woman 2
• On the other hand duties such as child
bearing, feeding the baby etc remains with
the woman as a natural physiological
obligation which can never be shared by
man “equally”.
• As a result woman in the west ends up fulfilling her duties obligated by nature
and the duties of man which are passed on to her under the fake pretext of
“equality”. Poor“liberated woman”!!!
• In Islam Allah has saved woman from exploitation by clearly assigning certain
duties to man and at the same time allowing woman to partake productive role
in the society if she pleases and circumstances permit
Evidences
1. In the thirteenth year of the Messenger of Allah's (SAW) Prophethood, the year he emigrated, there came to the him (SAW)
seventy-five Muslims, among whom were two women, and they all gave him the second Bai'ah of Al-’Aqaba, whichwas a
Bai'ah of war and fighting and a political Bai'ah. Once they had all given their Bai'ah, he said to them: "Bring me twelve
Chiefs (Naqeebs) from among you who would be responsible for themselves and their folk." This order was addressed
to everyone, to select from among everyone present. He (SAW) did not specify whether they should be men or women and
he did not exclude the women, neither in regard to who was to select, nor to who should be selected. These elected
individuals were to actively involve in politics, consultation and accounting.
Social System:
Same Ahkam for both Man &
Woman
Khilafah
• It is fard on both Man and Woman alike to pray, fast, pay Zakah, perform
Hajj, obey parents etc
• Islam obliges woman as well to participate in politics and account the ruler1
• Women can take up carriers such as business, agriculture, teaching,
medicine, industry etc as long as she takes care of her primary
responsibility
Evidences
1. Hind came to the Messenger of Allah (saw) and said “O Messenger of Allah! Indeed Abu Sufyan is a miserly man. He does
not provide me with the maintenance that my children and I need.” So the Messenger of Allah told her “Take that which
suffices you and your children in a fitting manner (Bil Ma'roof).” The judge will force him to provide her with Nafaqah
and give her the right to manage the expenditure and he will not be allowed to control the expenses in this case.
Social System:
Specific Ahkam for each
Gender
Khilafah Capitalism
• Islam obliges the man to fight in
Jihad but excuses woman from this
responsibility
• The concept of equality must not
allow such “discrimination”.
• The actual obligation of providing
food, shelter and clothing for wife
and the family falls on the husband
• “Equality” obliges wife to work as
well to meet the cost of living
• Wife has a right in the money of her
husband.1
If she earns, the husband
has no right on it
• The equality of sexes obligates that
woman contributes equally
• It is fard on man to visit his female
relatives not the other way around
• No such provision in a Capitalist
system
• The primary role of the woman as a
wife and a mother obligates her to
look after the children and husband
• No such provision in a Capitalist
system
Evidences
1. Islam made the period of the Iddah after divorce into three menstrual cycles which is approximately three months or until the time
of delivery, (in the case of a pregnant woman) and imposed on the man the duty of providing maintenance to the divorcee and
housing her throughout the period of the Iddah, and prohibited the man from expelling the woman that is observing her Iddah until
she completes it. This is for the purpose of bringing reconciliation between them and making room for an opportunity by which they
can take each other back and resume a new and peaceful life. From this point of view, a clear admonition has been given in the
Qur'an. He said:"And when you have divorced women and they have fulfilled the term of their prescribed period, either
retain them on reasonable terms or set them free with kindness. But do not retain them back to hurt them. And whoever
does that, then he has wronged himself“ [Al- Baqarah: 231]
2. If the child is under the age of distinction and does not comprehend things and does not realise the difference between the
conduct of its mother and its father in, such that he is still suckling or just finished he is not given a choice but is united with his
mother. This is due to what Abu Dawood has reported on the authority of Abdullah b. Amr b. al-As that a woman said: “Prophet of
Allah, my womb is a vessel to this son of mine, my breasts are a water-skin for him, and my lap is a guard for him, yet his father
has divorced me, and wants to take him away from me’. The Prophet of Allah said: ‘You have more right to him as long as you
do not marry’. ”
3. If the child is at the age of distinction and is able to comprehend things and understand the difference between the conduct of his
mother and the conduct of his father, as when he is over the age of weaning; in this case he will be allowed to choose between his
parents. He will be given to either of the two he chooses, due to what was reported by Abu Dawood that Abdul Hamid ibn Ja’far
narrated from his father on the authority of his grandfather Rafi’ ibn Sinan that he (Rafi’ ibn Sinan) embraced Islam and his wife
refused to embrace Islam. She came to the Prophet and said: “My daughter; she finished suckling (or was about to stop suckling)
Rafi’ said: “My daughter.” The Prophet said to him: “Be seated on a side.” And he said to her: “Be seated on a side.” He then
seated the girl between them, and said to them: “Call her”. The girl inclined to her mother. The Prophet said: “O Allah! guide
her.” The daughter then inclined to her father, and he took her. Ibn Abi Shayba (ra) reported on the authority of Umar (ra) that he
divorced the mother of Asim. Later he visited her and Asim was on her lap. He wanted to take him from her. They pulled him back
and forth until the boy began to cry. So they went to Abu Bakr (ra) who said: “Her wiping, her lap and her smell are better for him
than yours until he grows up so that he can choose for himself.”
Social System:
Specific Ahkam for each
Gender
Khilafah Capitalism
• In case of divorce man has to
support the wife during the period
of Iddah (waiting period before next
marriage) 1
• No concept of ‘Idah and support
money (Alimony???)
• In some US states if the wife earns
more she has to support the
divorced husband
• The children remains with the
mother if they are under 7 years of
age provided mother doesn’t
remarry and father has to provide
for their sustenance 2
• After the age of 7 the children are
handed over to the parent whom
the child chooses 3
• The judge decides who will get the
custody in the best interest of the
Child
Evidences
1. Living together is one of companionship. They have companionship according to the rights Allah has clarified for each of
them so that marriage life is one of happiness and tranquility. Allah says in Qur’an: “It is He Who has created you from a
single person (Adam), and then He has created from him has wife (Hawwa) in order that he might enjoy the
pleasure of living with her.” [TMQ; 7:189]
2. Ibn Buttah reported in “Woman's Rules” from Anas that a man travelled out of town and prevented his wife from leaving the
house. Then her father became ill. She asked the Messengers permission to visit her sick father. The Messenger replied:
“Fear Allah and do not disobey your husband”. Later on her father died. She asked the Messenger's permission to
attend his funeral. He said: “Fear Allah and do not disobey your husband”. Then Allah revealed to the Prophet that I
have forgiven her due to her obedience to her husband.
Social System:
Husband & Wife relationship
Khilafah
• The responsibility of the husband on behalf of his wife is one of taking care,
and not ruling her 1
• Father is the head of the family
• She is obliged to obey her husband 2
in mubah issues pertaining to private
life and he is obliged to meet the costs of the livelihood and protection
• Married couple must assist each other in performing the household duties
• The husband performing all actions normally undertaken outside of the
house, and the woman performing those actions normally undertaken
inside the house as best as she can
• The husband should provide home-help as required to assist with the
household tasks she cannot manage herself
Social System:
Who gets more privileges
Khilafah
• In the eyes of the creator Man is not better than woman nor the other way around
• Since Islam is given by the creator who is neither Male nor Female therefore He is
not biased towards anybody. He is the only Deity who can give a “just” system for
both male and female
• Both man and woman have certain roles to play which stipulates specific rights and
duties laid down in the Shari’ah
• The rights and duties of each role is laid down by the Almighty so that the
society functions properly without chaos and conflict, each knowing his/her area
of influence and responsibility
– Mother (woman) dominates son (man).
– A wife (woman) can’t leave home if her husband (man) forbids her for a certain reason
– Mother (woman) is more entitled to ‘kind treatment and good companionship’ of the son
than his father (man)
– The Father (man) has the authority over the daughter (woman)
– For younger children Mother (woman) has the right of custody over the father (man)
Social System:
Man & Woman not Sex
CommoditiesKhilafah Capitalism
• Man and women are not allowed to
take up jobs which exploit their
sexuality such as air host(ess), waiter,
secretary, receptionist or barber merely
to take advantage of their sexes
• For material gains the Capitalist
sexually exploits both male and
female to its fullest and it is
considered perfectly legitimate to use
sex as a selling tool
• People are deceived to believe that they have free will under “Personal Freedom” in
taking up exploitative jobs such as female secretaries for male bosses, working in
nude bars, male/female prostitution, modelling etc; but in fact the system never
provided enough dignified jobs and opportunities forpeople to fulfil there necessities
without being sexually exploited.
• Capitalism's failure to satisfy women’s needs and to give her the place in society she
deserves, has given birth to feminist movements across the world cherished by
millions of women living in the capitalist world. This phenomenon is completely alien
to Islamic rule of 1300 years where women got theirdue rights and were satisfied and
there was nevera need forsuch a rebellion to take place.
Evidences
1. Abu Bakr narrated on the authority of Ibn Jurayj who said that 'Aisha said: “My cousin came while she was wearing her
ornaments. The Prophet came in and turned away from her (when he saw her). So I said: “Oh Messenger of Allah! She is only
my cousin, a mere maiden.” He said: “Oh Aisha, when a woman reaches puberty then it is not permitted that any part of
her body should be seen (by non-mahrams) except her face and what is below this”. So he clenched his arm just above the
joint of the hand leaving a space in-between for another fist to be clenched.”
2. With regard to the woman's dress in public life, the Legislator (SWT) has obliged her to wear a wrap (Jilbab) which conceals her
(home) clothes and drapes down until it covers her feet. If she does not have such a wrap (Jilbab), she must borrow one. If she is
unable to borrow one, she is not allowed to go out without such a cloth. This is in reference to the lower portion of woman's
clothes. As for the upper portion, she must have a Khimar (head cover) or anything similar, which covers the entire head, the
neck and the opening of the garment on the chest. Such a Khimar should be available when she goes out in public as this
constitutes the upper portion of the woman's dress in public life. If the woman does not have these two pieces of clothes, she is
not allowed to go out at all. This is because the command to wear these two pieces is general and it will remain so, since there is
no proof to make an exception to that. Allah (SWT) says in Qur’an “Let them draw their head-coverings (khumur) over their
necks and bosoms (juyub). And let them not display (more of) their charms to any but their husbands...” [An- Nur: 31] As
for His (SWT) saying regarding the lower half: “Oh Prophet! Tell your wives and your daughters and the women of the
believers to draw their cloaks (Jalabeeb) all over their bodies” [Al- Ahzab: 59] Additionally, it has been narrated from Umm
Atiyya (ra.), who said: The Messenger of Allah (saw) ordered us to bring out the young women, the menstruating women and
veiled women for the two Eid festivals. The menstruating women were to keep away from prayer, yet witnessing the goodness
and the Daw’ah (address) to the Muslims. I asked, “O Messenger of Allah, what about one who does not have a Jilbab?.” He
said: “Let her use the Jilbab of her sister”. It has been narrated on the authority of Ibn Umar that the Messenger of Allah
(SWT) said: “’On the Day of Judgement, Allah will not look with mercy towards the one that trails his garment behind
him/herself in haughty pride’. Umm Salama asked: ‘What are the women to do with the hems of their dresses?’ He answered:
‘Let them increase their hems the length of a hand span’. She enquired: ‘Then their feet will be uncovered!’ He then replied:
‘Let them increase a fore arm’s length and no more’”. Hence from this it is clear that the Jilbab is draped down to the floor
until it conceals the feet. These evidences are clear in their indication of a woman's dress when in public.
Social System:
Chastity & Dress Code
Khilafah Capitalism
• Islam values woman's honour ('Ird) in
society
• Anybody falsely accusing women for
unchastity (al-qadhf) is lashed 80 lashes
• No concept of protecting the
honour of women. She is left un-
guarded against the mischievous
“hunting” men
• Before non-mahrams whom they can
marry, both men and women should cover
their ‘Auwra whether in public or in private
life
– Navel to the knees for men
– The whole body except the face and the hands
for women 1
– Women must wear Khimar (head cover) and
Jilbab (lose outer garment) over her usual dress
if she goes out in public
• No such restriction. People
could decide for themselves
• In various countries the woman
can walk topless in shopping
malls if they so desire
• Obscenity gives rise to a sex obsessed society where the sole objective of
an individual is to fulfil his/hersexual desires
• As a result the focus of the society is lost which produces a gradual decline
in all spheres of life hence leaving that nation behind in the race towards
progress
Evidences
1. The Messenger said: “It is not permitted for a woman who believes in Allah and the Day of Judgement to travel one
night and one day except with a mahram”.
Social System:
Public Life
Khilafah Capitalism
• Men and women, unless they are
Mahrum or unable to marry each
other, are forbidden to gather in
both the public and the private life,
unless the Shariah has stipulated
and permitted otherwise
• Free mixing of sexes is encouraged
to produce “harmony” and
“understanding” among the sexes in
education, social and economic
spheres of life
• Lowering the gaze • People have “personal freedom”
and they can see whatever they like
• A woman must be accompanied
by her mahram if her journey is
more than a day and a night i.e.
24 hours
• Woman is “free” and “equal” hence
no such restriction
• Women “liberation” and “empowerment” NGOs are striping the woman
of all hervalue, save hercommercial worth
• Today PTV is busy making serials promoting feminism and free mixing of
boys and girls ignoring all problems faced by the society may it be
financial, moral orideological
Evidences
1. The Prophet said: “Whosoever believes in Allah and the Last Day (Alyawm al-akhir) let him not be alone with a
woman who has not a Mahram with her. Indeed, the third (person) is al-Shaytan!”
2. Abu Dawood reported, a man asked the Prophet (saw), about whether he should seek permission from his mother (when
he enter her quarters) He (saw) said: “Yes”. He said: “There is no one to serve her but me. Should I seek permission
every time I enter?” He (saw) said: “Do you like to see your mother naked?” The man said: “No.” He (saw) said “Then
seek permission.” Therefore, Islam forbade any human from entering a home other than his without the permission of
the home's inhabitants.
Social System:
Private Life
Khilafah Capitalism
• It is not allowed for any man or
woman to be in Khalwa (alone)
with any non-mahram man 1
• According to personal Freedom
man and women are free to do
whatever they like
• Muslims must knock and ask for
permission before entering a home
other than their own 2
• No specific rules people should
decide for themselves how they
want to interact/socialize
• In private life woman is not obliged
to wear jilbab before non-mehram
relatives if her home clothes are
lose and cover her ‘aura (all body
except hands and face)
• Free to wear what she likes
• Free mixing and Khalwa are the main cause for crimes such as rape and
sexual harassment. Islamnips the evil in the bud.
Evidences
1. "Marry women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then
only one or your concubines. That is more fitting so that you do not deviate from the right course" [An- Nisa: 3]. As for the
meaning of His saying: "But if you fear that you shall not be able to deal justly (with them), then marry only one" [An- Nisa: 3]
This means that if you fear that you shall not be able deal with these numbers of wives justly then you should simply choose
one wife and relinquish the marriage to more than one wife immediately. Indeed it should be known that the justice
mentioned here is not a condition for marrying more than one wife. Rather it is a ruling for the man who wishes to marry a
number of wives, that he must restrict himself to one wife if he fears he will not be able to deal with them justly. If Allah had
wished to make it a condition then he would have said: "Marry women of your choice, twos or threes, or fours if you can deal
with them justly", but that is not the case, so it is established that justice is not a condition, rather it is another Shar’a ruling
different to the first rule. So firstly He permitted the plurality of marriages up to four, then He came with another ruling which
is that it is better to restrict oneself to one wife when he believes that marriage to more than one wife will make him incapable
of dealing with them in a just manner.
2. It has been reported about 'Aisha (ra) that she said: “The Messenger of Allah (saw) used to distribute things and do justice to
all and used to say, “Oh My God, this is my distribution of what is in my control, but do not blame me for what is in
Your control and over which I have no control”. i.e. his heart. It has been narrated from Ibn 'Abbas (ra) concerning the
saying of Allah (SWT): "You will never be able to do perfect justice between wives even if it is your ardent desire, so
do not incline completely to one of them so as to leave the other suspended“ [An- Nisa: 129]. He said “this is with
regards to love and sexual intercourse.” Allah (SWT) has ordered us to abstain from completely inclining towards one wife.
This means He has permitted the inclination because the prohibition of the complete inclination indicates the permissibility of
the inclination. Thus, the justice which is obligatory upon a husband is the equality between his wives in that which he has
control over such as staying overnight, providing food, clothing and lodging etc. As for what falls under the meaning of
inclination, which is love and desire, It is not obligatory to be just in these things because that is impossible, and they are
excluded by the Qur'an.
Social System:
Marriage
Khilafah Capitalism
• Polygyny is allowed. A man can
marry upto 4 wives 1
• Husband is ordered to be just with
his wives 2
• In most of the capitalist countries
polygamy is illegal
• Encouraging early marriages and
more children
• Under the auspices of WB
Pakistan government is
discouraging early marriages and
encouraging birth control
• More population means more man power, bigger armies and stronger
nation
• Due to increase in Muslim population the influx of Muslims in the West
has increased as well.
• The West sees Muslims as a threat and wants to counter the above two
factors by stopping the growth rate through programs such as “Green
Star” started in Pakistan. UN is running such programs throughout
MuslimWorld
Social System:
Summary
In front of Allah
Man Woman
Mother
(Primary Role)
Wife
(Primary Role)
Private Life
•Woman performing those
actions normally
undertaken inside the
house as best as she can
•Man is responsible to
provide for his family
•A wife (woman) can’t
leave home if her husband
(man) forbids her for a
certain reason
•Women in private life are
not obliged to wear Jilbab
before non-mahrums as
long as their clothes are
not tight or thin
•Mixed gatherings are
prohibited unless Shari’ah
allows it
•Khalwa is not allowed
between non-mehram man
and woman
Public Life
•The husband performing all
actions normally undertaken
outside of the house
•Woman has the right to
participate in any field she
likes other then that of ruling,
as long as she fulfils her
primary responsibilities.
•She cannot take any ruling
post e.g. Khaleefah, Muawan
Tafweed, Qadhi Mazalim,
Governors etc.
•She can ask for Khula’a if
she doesn’t want to live with
her husband
•She cannot undertake a
journey without a mahram if
she has to travel for more
than 24 hours
•Mixed gatherings are
prohibited unless Shari’ah
allows it
Miscellaneous
• Man woman relation is that of companionship
• Covering of the ‘Aura by both man and
women
• Encouraging early marriages
• Polygamy is allowed as long as the husband
can fulfil their rights.
Responsible
for the family

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  • 2. Social System: Khilafah Vs Capitalist Social System • Social System Defined • Introduction • Same Ahkam for both Man & Woman • Specific Ahkam for each Gender • Husband & Wife relationship • Who gets more privileges • Man & Woman not Sex Commodities • Chastity & Dress Code • Public Life • Marriage • Summary
  • 3. Social System: (Nizam al ijtima‘i) Social System Defined The Social Systemis defined as the set of rules that organize all the relationships and interactions between men and women in the public and private sphere of life and all that branches out from their mutal relationship
  • 4. Social System On what basis should we organize this relationship • The basis of equality can only be used to organize Man-Woman relationship if both are the sexes are identical • In this case same rights and same duties can be assigned to each gender
  • 5. Social System Are man and woman identical? • Science has proven that Man and Woman are similar in a lot of attributes but at the same time they differ in many others • They differ in terms of physiology, emotions, mental capabilities, hormones, child birth etc • Man is unable to precisely identify the commonalities and differences between man and woman and hence is incapable to assign precise rights and duties corresponding to their respective capabilities Man Woman Common Attributes Attributes specific to Men Attributes Specific to women
  • 6. Social System Equality doesn’t necessarily produce justice • Capitalism gives a simplistic solution to this very complex human problem and declares that man and woman will be considered completely identical and thus will be assigned same rights, duties and roles • Asking a weak and a strong pupil of the same class to lift 40Kg weight may be equality but this is not justice given the abilities of the two students • Similarly same rights/duties for inherently different genders (man & woman) may be seen as equality but definitely it cannot be seen as justice • The West also recognizes these differences and this is why men and woman compete separately in all types of sport
  • 7. Social System Man and Woman complement each other • In the eyes of Islam and society Man and Woman are equal but they are different and hence must have different roles • When Woman happens to be a mother she has authority over man who happens to be his son • Man when assuming the role of father and husband has a leading role over his daughter and wife Man Woman Complementary role of man and woman in society
  • 8. Evidences 1. Allah says whose meaning could be translated as "Whoever works righteousness, whether male or female, while he (or she) is a true believer verily, to him will give a good life, and We shall pay them certainly a reward in proportion to the best of what they used to do" [An- Nahl: 97] And "And whosoever does righteous deeds, male or female, and is a true believer, such will enter Paradise and not the least injustice will be done to them even to the size of a naqir (speck on the back of a date-stone)" [An- Nisa: 124] And "So their Lord accepted of them, never will I allow to be lost the work of any of you, be he male or female. You are (members) one of another" [Al- Imran:195] 2. Thus, Islam came with different rules, some of which are particular to men and some of which are special to women such as pregnancy, childbirth, suckling, custodianship and the waiting period. And it distinguished between men and women with regards to a section of these rules and ordered them to accept what Allah has specially assigned for them in terms of these rules And He said: "And wish not for the things in which Allah has made some of you to excel others. For men there is allotted from what they have earned, (and likewise) from women there is allotted for what they have earned" [TMQ: An- Nisa: 32]
  • 9. Social System: (Nizam al ijtima‘i) Introduction Khilafah Capitalism • In Islam, both men and women conduct their lives according to the Commandments of Allah (swt) in their general and specific responsibilities • The equality stems from the reward and punishment that they will receive from Allah (swt) for fulfilling or neglecting their responsibilities 1 • Based on the concepts of “Freedom & equality” the system tries to burden each with the same rights and duties • Allah (swt) created men and women as clearly distinct in their physiology, and such a distinction has mandated certain responsibilities specific to each 2 • Man and woman are completely equal in all regards • Under this guise of “equality” man has actually forced the woman to share his burden of responsibilities such as providing food, shelter and financial support etc.
  • 10. Evidences 1. "Verily, the Muslims, men and women, the believers men and women, and the men and women who are obedient (to Allah), the men and women who are patient, the men and women who are humble, the men and women who give Sadaqat, and the fasting men and women, and the men and women who guard their chastity, and the men and women who remember Allah much. Allah has prepared for them forgiveness and a great reward" [Al- Ahzab: 35] 2. Man gives meher to his wife not the other way around "And give to the women (whom you marry) their mahr with a good heart, but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm" [TMQ: An- Nisa: 4]. Man is responsible for the sustenance of his family "But the father of the child shall bear the cost of the mother's food and clothing“ [TMQ: Al- Baqarah: 233].
  • 11. Social System: (Nizam al ijtima‘i) Introduction Khilafah Capitalism • Woman has the same rights and duties as that of Man 1 except for those which Islam has specified exclusively for man or woman 2 • On the other hand duties such as child bearing, feeding the baby etc remains with the woman as a natural physiological obligation which can never be shared by man “equally”. • As a result woman in the west ends up fulfilling her duties obligated by nature and the duties of man which are passed on to her under the fake pretext of “equality”. Poor“liberated woman”!!! • In Islam Allah has saved woman from exploitation by clearly assigning certain duties to man and at the same time allowing woman to partake productive role in the society if she pleases and circumstances permit
  • 12. Evidences 1. In the thirteenth year of the Messenger of Allah's (SAW) Prophethood, the year he emigrated, there came to the him (SAW) seventy-five Muslims, among whom were two women, and they all gave him the second Bai'ah of Al-’Aqaba, whichwas a Bai'ah of war and fighting and a political Bai'ah. Once they had all given their Bai'ah, he said to them: "Bring me twelve Chiefs (Naqeebs) from among you who would be responsible for themselves and their folk." This order was addressed to everyone, to select from among everyone present. He (SAW) did not specify whether they should be men or women and he did not exclude the women, neither in regard to who was to select, nor to who should be selected. These elected individuals were to actively involve in politics, consultation and accounting.
  • 13. Social System: Same Ahkam for both Man & Woman Khilafah • It is fard on both Man and Woman alike to pray, fast, pay Zakah, perform Hajj, obey parents etc • Islam obliges woman as well to participate in politics and account the ruler1 • Women can take up carriers such as business, agriculture, teaching, medicine, industry etc as long as she takes care of her primary responsibility
  • 14. Evidences 1. Hind came to the Messenger of Allah (saw) and said “O Messenger of Allah! Indeed Abu Sufyan is a miserly man. He does not provide me with the maintenance that my children and I need.” So the Messenger of Allah told her “Take that which suffices you and your children in a fitting manner (Bil Ma'roof).” The judge will force him to provide her with Nafaqah and give her the right to manage the expenditure and he will not be allowed to control the expenses in this case.
  • 15. Social System: Specific Ahkam for each Gender Khilafah Capitalism • Islam obliges the man to fight in Jihad but excuses woman from this responsibility • The concept of equality must not allow such “discrimination”. • The actual obligation of providing food, shelter and clothing for wife and the family falls on the husband • “Equality” obliges wife to work as well to meet the cost of living • Wife has a right in the money of her husband.1 If she earns, the husband has no right on it • The equality of sexes obligates that woman contributes equally • It is fard on man to visit his female relatives not the other way around • No such provision in a Capitalist system • The primary role of the woman as a wife and a mother obligates her to look after the children and husband • No such provision in a Capitalist system
  • 16. Evidences 1. Islam made the period of the Iddah after divorce into three menstrual cycles which is approximately three months or until the time of delivery, (in the case of a pregnant woman) and imposed on the man the duty of providing maintenance to the divorcee and housing her throughout the period of the Iddah, and prohibited the man from expelling the woman that is observing her Iddah until she completes it. This is for the purpose of bringing reconciliation between them and making room for an opportunity by which they can take each other back and resume a new and peaceful life. From this point of view, a clear admonition has been given in the Qur'an. He said:"And when you have divorced women and they have fulfilled the term of their prescribed period, either retain them on reasonable terms or set them free with kindness. But do not retain them back to hurt them. And whoever does that, then he has wronged himself“ [Al- Baqarah: 231] 2. If the child is under the age of distinction and does not comprehend things and does not realise the difference between the conduct of its mother and its father in, such that he is still suckling or just finished he is not given a choice but is united with his mother. This is due to what Abu Dawood has reported on the authority of Abdullah b. Amr b. al-As that a woman said: “Prophet of Allah, my womb is a vessel to this son of mine, my breasts are a water-skin for him, and my lap is a guard for him, yet his father has divorced me, and wants to take him away from me’. The Prophet of Allah said: ‘You have more right to him as long as you do not marry’. ” 3. If the child is at the age of distinction and is able to comprehend things and understand the difference between the conduct of his mother and the conduct of his father, as when he is over the age of weaning; in this case he will be allowed to choose between his parents. He will be given to either of the two he chooses, due to what was reported by Abu Dawood that Abdul Hamid ibn Ja’far narrated from his father on the authority of his grandfather Rafi’ ibn Sinan that he (Rafi’ ibn Sinan) embraced Islam and his wife refused to embrace Islam. She came to the Prophet and said: “My daughter; she finished suckling (or was about to stop suckling) Rafi’ said: “My daughter.” The Prophet said to him: “Be seated on a side.” And he said to her: “Be seated on a side.” He then seated the girl between them, and said to them: “Call her”. The girl inclined to her mother. The Prophet said: “O Allah! guide her.” The daughter then inclined to her father, and he took her. Ibn Abi Shayba (ra) reported on the authority of Umar (ra) that he divorced the mother of Asim. Later he visited her and Asim was on her lap. He wanted to take him from her. They pulled him back and forth until the boy began to cry. So they went to Abu Bakr (ra) who said: “Her wiping, her lap and her smell are better for him than yours until he grows up so that he can choose for himself.”
  • 17. Social System: Specific Ahkam for each Gender Khilafah Capitalism • In case of divorce man has to support the wife during the period of Iddah (waiting period before next marriage) 1 • No concept of ‘Idah and support money (Alimony???) • In some US states if the wife earns more she has to support the divorced husband • The children remains with the mother if they are under 7 years of age provided mother doesn’t remarry and father has to provide for their sustenance 2 • After the age of 7 the children are handed over to the parent whom the child chooses 3 • The judge decides who will get the custody in the best interest of the Child
  • 18. Evidences 1. Living together is one of companionship. They have companionship according to the rights Allah has clarified for each of them so that marriage life is one of happiness and tranquility. Allah says in Qur’an: “It is He Who has created you from a single person (Adam), and then He has created from him has wife (Hawwa) in order that he might enjoy the pleasure of living with her.” [TMQ; 7:189] 2. Ibn Buttah reported in “Woman's Rules” from Anas that a man travelled out of town and prevented his wife from leaving the house. Then her father became ill. She asked the Messengers permission to visit her sick father. The Messenger replied: “Fear Allah and do not disobey your husband”. Later on her father died. She asked the Messenger's permission to attend his funeral. He said: “Fear Allah and do not disobey your husband”. Then Allah revealed to the Prophet that I have forgiven her due to her obedience to her husband.
  • 19. Social System: Husband & Wife relationship Khilafah • The responsibility of the husband on behalf of his wife is one of taking care, and not ruling her 1 • Father is the head of the family • She is obliged to obey her husband 2 in mubah issues pertaining to private life and he is obliged to meet the costs of the livelihood and protection • Married couple must assist each other in performing the household duties • The husband performing all actions normally undertaken outside of the house, and the woman performing those actions normally undertaken inside the house as best as she can • The husband should provide home-help as required to assist with the household tasks she cannot manage herself
  • 20. Social System: Who gets more privileges Khilafah • In the eyes of the creator Man is not better than woman nor the other way around • Since Islam is given by the creator who is neither Male nor Female therefore He is not biased towards anybody. He is the only Deity who can give a “just” system for both male and female • Both man and woman have certain roles to play which stipulates specific rights and duties laid down in the Shari’ah • The rights and duties of each role is laid down by the Almighty so that the society functions properly without chaos and conflict, each knowing his/her area of influence and responsibility – Mother (woman) dominates son (man). – A wife (woman) can’t leave home if her husband (man) forbids her for a certain reason – Mother (woman) is more entitled to ‘kind treatment and good companionship’ of the son than his father (man) – The Father (man) has the authority over the daughter (woman) – For younger children Mother (woman) has the right of custody over the father (man)
  • 21. Social System: Man & Woman not Sex CommoditiesKhilafah Capitalism • Man and women are not allowed to take up jobs which exploit their sexuality such as air host(ess), waiter, secretary, receptionist or barber merely to take advantage of their sexes • For material gains the Capitalist sexually exploits both male and female to its fullest and it is considered perfectly legitimate to use sex as a selling tool • People are deceived to believe that they have free will under “Personal Freedom” in taking up exploitative jobs such as female secretaries for male bosses, working in nude bars, male/female prostitution, modelling etc; but in fact the system never provided enough dignified jobs and opportunities forpeople to fulfil there necessities without being sexually exploited. • Capitalism's failure to satisfy women’s needs and to give her the place in society she deserves, has given birth to feminist movements across the world cherished by millions of women living in the capitalist world. This phenomenon is completely alien to Islamic rule of 1300 years where women got theirdue rights and were satisfied and there was nevera need forsuch a rebellion to take place.
  • 22. Evidences 1. Abu Bakr narrated on the authority of Ibn Jurayj who said that 'Aisha said: “My cousin came while she was wearing her ornaments. The Prophet came in and turned away from her (when he saw her). So I said: “Oh Messenger of Allah! She is only my cousin, a mere maiden.” He said: “Oh Aisha, when a woman reaches puberty then it is not permitted that any part of her body should be seen (by non-mahrams) except her face and what is below this”. So he clenched his arm just above the joint of the hand leaving a space in-between for another fist to be clenched.” 2. With regard to the woman's dress in public life, the Legislator (SWT) has obliged her to wear a wrap (Jilbab) which conceals her (home) clothes and drapes down until it covers her feet. If she does not have such a wrap (Jilbab), she must borrow one. If she is unable to borrow one, she is not allowed to go out without such a cloth. This is in reference to the lower portion of woman's clothes. As for the upper portion, she must have a Khimar (head cover) or anything similar, which covers the entire head, the neck and the opening of the garment on the chest. Such a Khimar should be available when she goes out in public as this constitutes the upper portion of the woman's dress in public life. If the woman does not have these two pieces of clothes, she is not allowed to go out at all. This is because the command to wear these two pieces is general and it will remain so, since there is no proof to make an exception to that. Allah (SWT) says in Qur’an “Let them draw their head-coverings (khumur) over their necks and bosoms (juyub). And let them not display (more of) their charms to any but their husbands...” [An- Nur: 31] As for His (SWT) saying regarding the lower half: “Oh Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (Jalabeeb) all over their bodies” [Al- Ahzab: 59] Additionally, it has been narrated from Umm Atiyya (ra.), who said: The Messenger of Allah (saw) ordered us to bring out the young women, the menstruating women and veiled women for the two Eid festivals. The menstruating women were to keep away from prayer, yet witnessing the goodness and the Daw’ah (address) to the Muslims. I asked, “O Messenger of Allah, what about one who does not have a Jilbab?.” He said: “Let her use the Jilbab of her sister”. It has been narrated on the authority of Ibn Umar that the Messenger of Allah (SWT) said: “’On the Day of Judgement, Allah will not look with mercy towards the one that trails his garment behind him/herself in haughty pride’. Umm Salama asked: ‘What are the women to do with the hems of their dresses?’ He answered: ‘Let them increase their hems the length of a hand span’. She enquired: ‘Then their feet will be uncovered!’ He then replied: ‘Let them increase a fore arm’s length and no more’”. Hence from this it is clear that the Jilbab is draped down to the floor until it conceals the feet. These evidences are clear in their indication of a woman's dress when in public.
  • 23. Social System: Chastity & Dress Code Khilafah Capitalism • Islam values woman's honour ('Ird) in society • Anybody falsely accusing women for unchastity (al-qadhf) is lashed 80 lashes • No concept of protecting the honour of women. She is left un- guarded against the mischievous “hunting” men • Before non-mahrams whom they can marry, both men and women should cover their ‘Auwra whether in public or in private life – Navel to the knees for men – The whole body except the face and the hands for women 1 – Women must wear Khimar (head cover) and Jilbab (lose outer garment) over her usual dress if she goes out in public • No such restriction. People could decide for themselves • In various countries the woman can walk topless in shopping malls if they so desire • Obscenity gives rise to a sex obsessed society where the sole objective of an individual is to fulfil his/hersexual desires • As a result the focus of the society is lost which produces a gradual decline in all spheres of life hence leaving that nation behind in the race towards progress
  • 24. Evidences 1. The Messenger said: “It is not permitted for a woman who believes in Allah and the Day of Judgement to travel one night and one day except with a mahram”.
  • 25. Social System: Public Life Khilafah Capitalism • Men and women, unless they are Mahrum or unable to marry each other, are forbidden to gather in both the public and the private life, unless the Shariah has stipulated and permitted otherwise • Free mixing of sexes is encouraged to produce “harmony” and “understanding” among the sexes in education, social and economic spheres of life • Lowering the gaze • People have “personal freedom” and they can see whatever they like • A woman must be accompanied by her mahram if her journey is more than a day and a night i.e. 24 hours • Woman is “free” and “equal” hence no such restriction • Women “liberation” and “empowerment” NGOs are striping the woman of all hervalue, save hercommercial worth • Today PTV is busy making serials promoting feminism and free mixing of boys and girls ignoring all problems faced by the society may it be financial, moral orideological
  • 26. Evidences 1. The Prophet said: “Whosoever believes in Allah and the Last Day (Alyawm al-akhir) let him not be alone with a woman who has not a Mahram with her. Indeed, the third (person) is al-Shaytan!” 2. Abu Dawood reported, a man asked the Prophet (saw), about whether he should seek permission from his mother (when he enter her quarters) He (saw) said: “Yes”. He said: “There is no one to serve her but me. Should I seek permission every time I enter?” He (saw) said: “Do you like to see your mother naked?” The man said: “No.” He (saw) said “Then seek permission.” Therefore, Islam forbade any human from entering a home other than his without the permission of the home's inhabitants.
  • 27. Social System: Private Life Khilafah Capitalism • It is not allowed for any man or woman to be in Khalwa (alone) with any non-mahram man 1 • According to personal Freedom man and women are free to do whatever they like • Muslims must knock and ask for permission before entering a home other than their own 2 • No specific rules people should decide for themselves how they want to interact/socialize • In private life woman is not obliged to wear jilbab before non-mehram relatives if her home clothes are lose and cover her ‘aura (all body except hands and face) • Free to wear what she likes • Free mixing and Khalwa are the main cause for crimes such as rape and sexual harassment. Islamnips the evil in the bud.
  • 28. Evidences 1. "Marry women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one or your concubines. That is more fitting so that you do not deviate from the right course" [An- Nisa: 3]. As for the meaning of His saying: "But if you fear that you shall not be able to deal justly (with them), then marry only one" [An- Nisa: 3] This means that if you fear that you shall not be able deal with these numbers of wives justly then you should simply choose one wife and relinquish the marriage to more than one wife immediately. Indeed it should be known that the justice mentioned here is not a condition for marrying more than one wife. Rather it is a ruling for the man who wishes to marry a number of wives, that he must restrict himself to one wife if he fears he will not be able to deal with them justly. If Allah had wished to make it a condition then he would have said: "Marry women of your choice, twos or threes, or fours if you can deal with them justly", but that is not the case, so it is established that justice is not a condition, rather it is another Shar’a ruling different to the first rule. So firstly He permitted the plurality of marriages up to four, then He came with another ruling which is that it is better to restrict oneself to one wife when he believes that marriage to more than one wife will make him incapable of dealing with them in a just manner. 2. It has been reported about 'Aisha (ra) that she said: “The Messenger of Allah (saw) used to distribute things and do justice to all and used to say, “Oh My God, this is my distribution of what is in my control, but do not blame me for what is in Your control and over which I have no control”. i.e. his heart. It has been narrated from Ibn 'Abbas (ra) concerning the saying of Allah (SWT): "You will never be able to do perfect justice between wives even if it is your ardent desire, so do not incline completely to one of them so as to leave the other suspended“ [An- Nisa: 129]. He said “this is with regards to love and sexual intercourse.” Allah (SWT) has ordered us to abstain from completely inclining towards one wife. This means He has permitted the inclination because the prohibition of the complete inclination indicates the permissibility of the inclination. Thus, the justice which is obligatory upon a husband is the equality between his wives in that which he has control over such as staying overnight, providing food, clothing and lodging etc. As for what falls under the meaning of inclination, which is love and desire, It is not obligatory to be just in these things because that is impossible, and they are excluded by the Qur'an.
  • 29. Social System: Marriage Khilafah Capitalism • Polygyny is allowed. A man can marry upto 4 wives 1 • Husband is ordered to be just with his wives 2 • In most of the capitalist countries polygamy is illegal • Encouraging early marriages and more children • Under the auspices of WB Pakistan government is discouraging early marriages and encouraging birth control • More population means more man power, bigger armies and stronger nation • Due to increase in Muslim population the influx of Muslims in the West has increased as well. • The West sees Muslims as a threat and wants to counter the above two factors by stopping the growth rate through programs such as “Green Star” started in Pakistan. UN is running such programs throughout MuslimWorld
  • 30. Social System: Summary In front of Allah Man Woman Mother (Primary Role) Wife (Primary Role) Private Life •Woman performing those actions normally undertaken inside the house as best as she can •Man is responsible to provide for his family •A wife (woman) can’t leave home if her husband (man) forbids her for a certain reason •Women in private life are not obliged to wear Jilbab before non-mahrums as long as their clothes are not tight or thin •Mixed gatherings are prohibited unless Shari’ah allows it •Khalwa is not allowed between non-mehram man and woman Public Life •The husband performing all actions normally undertaken outside of the house •Woman has the right to participate in any field she likes other then that of ruling, as long as she fulfils her primary responsibilities. •She cannot take any ruling post e.g. Khaleefah, Muawan Tafweed, Qadhi Mazalim, Governors etc. •She can ask for Khula’a if she doesn’t want to live with her husband •She cannot undertake a journey without a mahram if she has to travel for more than 24 hours •Mixed gatherings are prohibited unless Shari’ah allows it Miscellaneous • Man woman relation is that of companionship • Covering of the ‘Aura by both man and women • Encouraging early marriages • Polygamy is allowed as long as the husband can fulfil their rights. Responsible for the family

Notes de l'éditeur

  1. An American psychologist, Professor Reek has published in a voluminous book the result of his researches into the affairs of man and woman. He says: "The world of man is totally different from that of woman. If woman cannot think or act like man, it is because they belong to two different worlds."
  2. An American psychologist, Professor Reek has published in a voluminous book the result of his researches into the affairs of man and woman. He says: "The world of man is totally different from that of woman. If woman cannot think or act like man, it is because they belong to two different worlds."
  3. An American psychologist, Professor Reek has published in a voluminous book the result of his researches into the affairs of man and woman. He says: "The world of man is totally different from that of woman. If woman cannot think or act like man, it is because they belong to two different worlds."
  4. An American psychologist, Professor Reek has published in a voluminous book the result of his researches into the affairs of man and woman. He says: "The world of man is totally different from that of woman. If woman cannot think or act like man, it is because they belong to two different worlds."
  5. Allah says whose meaning could be translated as "Whoever works righteousness, whether male or female, while he (or she) is a true believer verily, to him will give a good life, and We shall pay them certainly a reward in proportion to the best of what they used to do" [An- Nahl: 97] And "And whosoever does righteous deeds, male or female, and is a true believer, such will enter Paradise and not the least injustice will be done to them even to the size of a naqir (speck on the back of a date-stone)" [An- Nisa: 124] And "So their Lord accepted of them, never will I allow to be lost the work of any of you, be he male or female. You are (members) one of another" [Al- Imran:195] ---------- Hence, equality between men and women is not an issue for discussion, nor is it an issue which forms a subject in the social system. The woman being equal to the man, or, the man being equal to the woman is not a significant matter which has influence over the societal life nor is it a problem which is likely to occur in the Islamic life. It is but a phrase which is only found in the West. -------------- Thus, Islam came with different rules, some of which are particular to men and some of which are special to women. And it distinguished between men and women with regards to a section of these rules and ordered them to accept what Allah has specially assigned for them in terms of these rules and He forbade them from envying each other, and from desiring things in which Allah has preferred one over the other. And He said: "And wish not for the things in which Allah has made some of you to excel others. For men there is allotted from what they have earned, (and likewise) from women there is allotted for what they have earned" [An- Nisa: 32
  6. Allah says whose meaning could be translated as "Whoever works righteousness, whether male or female, while he (or she) is a true believer verily, to him will give a good life, and We shall pay them certainly a reward in proportion to the best of what they used to do" [An- Nahl: 97] And "And whosoever does righteous deeds, male or female, and is a true believer, such will enter Paradise and not the least injustice will be done to them even to the size of a naqir (speck on the back of a date-stone)" [An- Nisa: 124] And "So their Lord accepted of them, never will I allow to be lost the work of any of you, be he male or female. You are (members) one of another" [Al- Imran:195] ---------- Hence, equality between men and women is not an issue for discussion, nor is it an issue which forms a subject in the social system. The woman being equal to the man, or, the man being equal to the woman is not a significant matter which has influence over the societal life nor is it a problem which is likely to occur in the Islamic life. It is but a phrase which is only found in the West. -------------- Thus, Islam came with different rules, some of which are particular to men and some of which are special to women. And it distinguished between men and women with regards to a section of these rules and ordered them to accept what Allah has specially assigned for them in terms of these rules and He forbade them from envying each other, and from desiring things in which Allah has preferred one over the other. And He said: "And wish not for the things in which Allah has made some of you to excel others. For men there is allotted from what they have earned, (and likewise) from women there is allotted for what they have earned" [An- Nisa: 32
  7. Hence, you will find that Islam did not differentiate between men and women when it invited people to the Iman (belief). It did not also differentiate between men and women in the commandment of carrying the call to Islam. It made the commandments relating to worships such as prayer, fasting, Hajj and Zakat the same in terms of their legal obligation. It made as well the description of the moral characteristics which have come in the Shari'ah rules as morals for men and women without distinction and made the rules of societal transactions (Mu’amalat) such as buying, renting, representation, guardianship and other such societal transactions relating to mankind, the same for men and women. And it imposed punishments for breaching the rules of Allah such as the determined punishments (Hudud), criminal laws (Jinayat) and discretional chastisements (Ta'zeer) on men and women without discrimination in their capacity as humans. In additon Islam made learning and teaching an obligation for Muslims with no difference between men and women. So, in this manner Allah has legislated all the rules pertaining to humans in their capacity as humans, the same for men and women without distinction. So, the commandments from this perspective are all the same, and the rights and obligations are also the same. The verses and Ahadith which are found with regards to such rules have come as general ('Aam) and inclusive (Shaamil) for humans in their capacity as humans, and for the believers in their capacity as believers. Indeed, many verses stipulate that the legal obligation (Takleef) is for the male and for the female. Allah said: "Verily, the Muslims, men and women, the believers men and women, and the men and women who are obedient (to Allah), the men and women who are patient, the men and women who are humble, the men and women who give Sadaqat, and the fasting men and women, and the men and women who guard their chastity, and the men and women who remember Allah much. Allah has prepared for them forgiveness and a great reward" [Al- Ahzab: 35] Also Allah said: "It is not fitting for a believer, man or woman, when Allah and His messenger have decreed a matter that they should have any option in their decision" [Al- Ahzab: 36], and He said: "Whoever works righteousness, whether male or female, while he (or she) is a true believer verily, to him will give a good life, and We shall pay them certainly a reward in proportion to the best of what they used to do" [An- Nahl: 97] And He said:
  8. Hence, you will find that Islam did not differentiate between men and women when it invited people to the Iman (belief). It did not also differentiate between men and women in the commandment of carrying the call to Islam. It made the commandments relating to worships such as prayer, fasting, Hajj and Zakat the same in terms of their legal obligation. It made as well the description of the moral characteristics which have come in the Shari'ah rules as morals for men and women without distinction and made the rules of societal transactions (Mu’amalat) such as buying, renting, representation, guardianship and other such societal transactions relating to mankind, the same for men and women. And it imposed punishments for breaching the rules of Allah such as the determined punishments (Hudud), criminal laws (Jinayat) and discretional chastisements (Ta'zeer) on men and women without discrimination in their capacity as humans. In additon Islam made learning and teaching an obligation for Muslims with no difference between men and women. So, in this manner Allah has legislated all the rules pertaining to humans in their capacity as humans, the same for men and women without distinction. So, the commandments from this perspective are all the same, and the rights and obligations are also the same. The verses and Ahadith which are found with regards to such rules have come as general ('Aam) and inclusive (Shaamil) for humans in their capacity as humans, and for the believers in their capacity as believers. Indeed, many verses stipulate that the legal obligation (Takleef) is for the male and for the female. Allah said: "Verily, the Muslims, men and women, the believers men and women, and the men and women who are obedient (to Allah), the men and women who are patient, the men and women who are humble, the men and women who give Sadaqat, and the fasting men and women, and the men and women who guard their chastity, and the men and women who remember Allah much. Allah has prepared for them forgiveness and a great reward" [Al- Ahzab: 35] Also Allah said: "It is not fitting for a believer, man or woman, when Allah and His messenger have decreed a matter that they should have any option in their decision" [Al- Ahzab: 36], and He said: "Whoever works righteousness, whether male or female, while he (or she) is a true believer verily, to him will give a good life, and We shall pay them certainly a reward in proportion to the best of what they used to do" [An- Nahl: 97] And He said:
  9. There exist a number of Ahadith concerning the keeping of good relations (Silat ar-rahm). He said: “The one who severes ties with the relations will not enter Paradise”. It was narrated by Anas b. Malik that the Messenger of Allah said: “Whoever loves that he be granted more wealth, and that his lease of life be prolonged, then he should keep good relations with his kithand kin”. It is narrated by Abu Hurayra that the Prophet said: “Allah created His creation, and when He finished it, the womb got up and said, I seek refuge with you from Al-qatia (ties being severed with me).” On that Allah said: “Don’t you accept that I bestow my favours on him who keeps your ties, and withhold My favours from him who severes your ties?” On that it said, “Yes, Oh my Lord!” Then Allah said: “That is for you”. Then the Messenger of Allah said: “If you wish, you can recite: Would you then if you were given authority, do mischief in the land and sever your ties of kinship?“ [Muhammmad: 22]
  10. As for the overall evidences, studying them leads us to notice that the Legislator did not accept the women's testimony in crimes, since women do not live where crimes predominantly take place. It obliged the woman to wear the Jilbab if she goes out of her home. It made the entire body of the woman as 'Awrah' (which must be covered) except her hands and face. It forbade her from revealing her charms to non-mahram men. It forbade men from looking at her private parts, even her hair. It forbade the woman from travelling, even to Hajj without her mahram. The Legislator also forbade people from entering homes without having permission. The Legislator did not oblige the woman to attend the Jamaah in the Masjid, Jummah, or to go for Jihad as it did for the man. We also find that it obliged the man, but not the woman, to strive and earn provision. Additionally, the Messenger of Allah (SWT) separated men from women, so he made the womens' lines in the masjid and in Salah behind the mens' lines; and he commanded women to leave the Masjid before men, in order for them to be separated. In his classes, a woman asked him to designate a special day for women since men dominated the other days.
  11. Islam made the period of the Iddah after divorce into three menstrual cycles which is approximately three months or until the time of delivery, (in the case of a pregnant woman) and imposed on the man the duty of providing maintenance to the divorcee and housing her throughout the period of the Iddah, and prohibited the man from expelling the woman that is observing her Iddah until she completes it. This is for the purpose of bringing reconciliation between them and making room for an opportunity by which they can take each other back and resume a new and peaceful life. From this point of view, a clear admonition has been given in the Qur'an. He said:"And when you have divorced women and they have fulfilled the term of their prescribed period, either retain them on reasonable terms or set them free with kindness. But do not retain them back to hurt them. And whoever does that, then he has wronged himself“ [Al- Baqarah: 231] If the child is at the age of distinction and is able to comprehend things and understand the difference between the conduct of his mother and the conduct of his father, as when he is over the age of weaning; in this case he will be allowed to choose between his parents. He will be given to either of the two he chooses, due to what was reported by Abu Dawood that Abdul Hamid ibn Ja’far narrated from his father on the authority of his grandfather Rafi’ ibn Sinan that he (Rafi’ ibn Sinan) embraced Islam and his wife refused to embrace Islam. She came to the Prophet and said: “My daughter; she finished suckling (or was about to stop suckling) Rafi’ said: “My daughter.” The Prophet said to him: “Be seated on a side.” And he said to her: “Be seated on a side.” He then seated the girl between them, and said to them: “Call her”. The girl inclined to her mother. The Prophet said: “O Allah! guide her.” The daughter then inclined to her father, and he took her. This Hadith has been reported by Ahmad. Al-Nasai reported it in other versions but the same meaning is present as in this narration. If the child is under the age of distinction and does not comprehend things and does not realise the difference between the conduct of its mother and its father in, such that he is still suckling or just finished he is not given a choice but is united with his mother.
  12. The mother is more entitled to have custody over the child and over the insane when she becomes divorced. This is due to what Abu Dawood has reported on the authority of Abdullah b. Amr b. al-As that a woman said: “‘Prophet of Allah, my womb is a vessel to this son of mine, my breasts are a water-skin for him, and my lap is a guard for him, yet his father has divorced me, and wants to take him away from me’. The Prophet of Allah said: ‘You have more right to him as long as you do not marry.’” ------------------------- And because of his saying: “Islam will always dominate and nothing shall dominate over it.”
  13. Hence, you will find that Islam did not differentiate between men and women when it invited people to the Iman (belief). It did not also differentiate between men and women in the commandment of carrying the call to Islam. It made the commandments relating to worships such as prayer, fasting, Hajj and Zakat the same in terms of their legal obligation. It made as well the description of the moral characteristics which have come in the Shari'ah rules as morals for men and women without distinction and made the rules of societal transactions (Mu’amalat) such as buying, renting, representation, guardianship and other such societal transactions relating to mankind, the same for men and women. And it imposed punishments for breaching the rules of Allah such as the determined punishments (Hudud), criminal laws (Jinayat) and discretional chastisements (Ta'zeer) on men and women without discrimination in their capacity as humans. In additon Islam made learning and teaching an obligation for Muslims with no difference between men and women. So, in this manner Allah has legislated all the rules pertaining to humans in their capacity as humans, the same for men and women without distinction. So, the commandments from this perspective are all the same, and the rights and obligations are also the same. The verses and Ahadith which are found with regards to such rules have come as general ('Aam) and inclusive (Shaamil) for humans in their capacity as humans, and for the believers in their capacity as believers. Indeed, many verses stipulate that the legal obligation (Takleef) is for the male and for the female. Allah said: "Verily, the Muslims, men and women, the believers men and women, and the men and women who are obedient (to Allah), the men and women who are patient, the men and women who are humble, the men and women who give Sadaqat, and the fasting men and women, and the men and women who guard their chastity, and the men and women who remember Allah much. Allah has prepared for them forgiveness and a great reward" [Al- Ahzab: 35] Also Allah said: "It is not fitting for a believer, man or woman, when Allah and His messenger have decreed a matter that they should have any option in their decision" [Al- Ahzab: 36], and He said: "Whoever works righteousness, whether male or female, while he (or she) is a true believer verily, to him will give a good life, and We shall pay them certainly a reward in proportion to the best of what they used to do" [An- Nahl: 97] And He said:
  14. Ibn Buttah reported in “Woman's Rules” from Anas that a man travelled out of town and prevented his wife from leaving the house. Then her father became ill. She asked the Messengers permission to visit her sick father. The Messenger replied: “Fear Allah and do not disobey your husband”. Later on her father died. She asked the Messenger's permission to attend his funeral. He said: “Fear Allah and do not disobey your husband”. Then Allah revealed to the Prophet that I have forgiven her due to her obedience to her husband.
  15. The mother has more right of obedience and respect from her children than the father. Evidence : Abu Hurairah related that a man came to the Prophet (saw) and asked, "Oh Rasul Allah, which if all the people is best entitled to kind treatment and good companionship from me? He answered, 'your mother.' The man asked, 'Then who?' He said, 'Your mother.' 'And after her?' He replied, 'Your mother.' 'And after her.?' He replied, 'Your father.'" Bukhari and Muslim
  16. With regard to the woman's dress in public life, the Legislator (SWT) has obliged her to wear a wrap (Jilbab) which conceals her (home) clothes and drapes down until it covers her feet. If she does not have such a wrap (Jilbab), she must borrow one from a neighbour, female friend or relative. If she is unable to borrow one, she is not allowed to go out without such a cloth. If she leaves without a wrap over her (home) clothes, she would be sinful, for she has abandoned an obligation from Allah (SWT). This is in reference to the lower portion of woman's clothes. As for the upper portion, she must have a Khimar (head cover) or anything similar, which covers the entire head, the neck and the opening of the garment on the chest. Such a Khimar should be available when she goes out in public as this constitutes the upper portion of the woman's dress in public life. Once the woman has these two items of clothing, she is allowed to leave her home. If the woman does not have these two pieces of clothes, she is not allowed to go out at all. This is because the command to wear these two pieces is general and it will remain so, since there is no proof to make an exception to that. Allah (SWT) says in Qur’an "Let them draw their head-coverings (khumur) over their necks and bosoms (juyub). And let them not display (more of) their charms to any but their husbands...“ [An- Nur: 31] As for His (SWT) saying regarding the lower half: "Oh Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (Jalabeeb) all over their bodies" [Al- Ahzab: 59] Additionally, it has been narrated from Umm Atiyya (ra.), who said: The Messenger of Allah (saw) ordered us to bring out the young women, the menstruating women and veiled women for the two Eid festivals. The menstruating women were to keep away from prayer, yet witnessing the goodness and the Daw’ah (address) to the Muslims. I asked, “O Messenger of Allah, what about one who does not have a Jilbab?.” He said: “Let her use the Jilbab of her sister”. These evidences are clear in their indication of a woman's dress when in public. Allah has thus described accurately, completely and comprehensively in these above verses clothing which He (SWT) has obliged the woman to wear in public life. Allah (SWT) has said with respect to the upper part of a woman's clothing: "Let them draw their head-coverings (khumur) over their necks and bosoms (juyub)“ [An- Nur: 31] i.e., to drape their head-coverings over their necks and bosoms and to conceal the collar of the shirt and garment from the neck and chest.
  17. Abu Bakr narrated on the authority of Ibn Jurayj who said that 'Aisha said: “My cousin came while she was wearing her ornaments. The Prophet came in and turned away from her (when he saw her). So I said: “Oh Messenger of Allah! She is only my cousin, a mere maiden.” He said: “Oh Aisha, when a woman reaches puberty then it is not permitted that any part of her body should be seen (by non-mahrams) except her face and what is below this”. So he clenched his arm just above the joint of the hand leaving a space in-between for another fist to be clenched.”
  18. Hence, you will find that Islam did not differentiate between men and women when it invited people to the Iman (belief). It did not also differentiate between men and women in the commandment of carrying the call to Islam. It made the commandments relating to worships such as prayer, fasting, Hajj and Zakat the same in terms of their legal obligation. It made as well the description of the moral characteristics which have come in the Shari'ah rules as morals for men and women without distinction and made the rules of societal transactions (Mu’amalat) such as buying, renting, representation, guardianship and other such societal transactions relating to mankind, the same for men and women. And it imposed punishments for breaching the rules of Allah such as the determined punishments (Hudud), criminal laws (Jinayat) and discretional chastisements (Ta'zeer) on men and women without discrimination in their capacity as humans. In additon Islam made learning and teaching an obligation for Muslims with no difference between men and women. So, in this manner Allah has legislated all the rules pertaining to humans in their capacity as humans, the same for men and women without distinction. So, the commandments from this perspective are all the same, and the rights and obligations are also the same. The verses and Ahadith which are found with regards to such rules have come as general ('Aam) and inclusive (Shaamil) for humans in their capacity as humans, and for the believers in their capacity as believers. Indeed, many verses stipulate that the legal obligation (Takleef) is for the male and for the female. Allah said: "Verily, the Muslims, men and women, the believers men and women, and the men and women who are obedient (to Allah), the men and women who are patient, the men and women who are humble, the men and women who give Sadaqat, and the fasting men and women, and the men and women who guard their chastity, and the men and women who remember Allah much. Allah has prepared for them forgiveness and a great reward" [Al- Ahzab: 35] Also Allah said: "It is not fitting for a believer, man or woman, when Allah and His messenger have decreed a matter that they should have any option in their decision" [Al- Ahzab: 36], and He said: "Whoever works righteousness, whether male or female, while he (or she) is a true believer verily, to him will give a good life, and We shall pay them certainly a reward in proportion to the best of what they used to do" [An- Nahl: 97] And He said:
  19. The Prophet said: “Whosoever believes in Allah and the Last Day (Alyawm al-akhir) let him not be alone with a woman who has not a Mahram with her. Indeed, the third (person) is al-Shaytan!” 27 28 29 can afford to marry should marry, because it will help him refrain from looking at other women, and guard his modesty (i.e. private parts from unlawful sex). And whoever is not able to marry he should fast