Women
in Islam: An exegesis - Part 5
by
Abul Kasem
[
Part 1 - Part
2 - Part 3 - Part
4 - Part 6 - Part
7 ]
Husband's rights
If you still doubted of what I just wrote in the previous
section, please read the following provision of Sha'ria on the
rights of a man on his wife/s.
The Sha'ria is crystal clear that by paying mahr,
a man secures the ownership of a woman's body from top to bottom
including her private parts (i.e., sexual and reproductive organs).
The Sha'ria also treats her private parts just like a
product/machine that needs to be kept in perfect working order through
regular maintenance and service much like the maintenance of an
instrument. Therefore, Muslims desperately need a manual.
Those Muslims who are reading the Sha'ria (read the manual)
for the first time will be simply stupefied at the content of this
so-called divine laws of Allah.
Ownership of a woman's body to do as he likes including beating
m5.4 (Ref: 8, p526) husbands rights
A husband possesses full right to enjoy his
wife's person (A: from the top of her head to the bottoms of
her feet, though anal intercourse (dis: p75.20) is absolutely unlawful)
in what does not physically harm her.
He is entitled to take her with him when he
travels.
m5.6 (ibid) wife must keep her private parts
clean
The husband is entitled to insist that his wife
undertake both the measures necessary for having sex with her such
as the purificatory bath (ghusl) after her monthly period, and those
necessary to full enjoyment of her such as the purificatory bath
after major ritual impurity (janaba), shaving her private parts,
and removing filth.
Whenever
'Islam bashers' (read secularists) point out the despicable
act of wife beating as per Qur'an, Islamic apologists spare no
pain to exhort that Islamic wife beating is really no beating at
all but simply a light touch with a tooth pick!
They will even tell you that a man cannot do this 'light
touching' without a valid reason.
Sometimes, they will even go to the extent of proving that
Islamic beating of women is actually very good psychologically for
all parties. They reason
that this beating satisfies the human desire of 'sadomasochistic'
role-play. What a load
of rubbish! The truth
is that a Muslim man can beat his wife/s for no reason or no good
reason. Let us see
what the hadith and Sha'ria say on beating wives in an Islamic
fashion.
A man will not be asked as to why he beat his wife...( Sunaan Abu Dawud
11.2142 )
Book
11, Number 2142:
Narrated
Umar ibn al-Khattab:
The
Prophet (peace_be_upon_him) said: A man will not be asked as to
why he beat his wife.
The above hadith gives the husband an absolute right
to beat his wife/s whenever he pleases.
He can even beat her, at least in theory, almost every day
for any number of hours as long as the beating is not directed on
her face and no bleeding takes place.
See how tender the Islamic game of sadomasochism is!
Duties of a wife
The most important duty of an Islamic wife is to satisfy
the sexual desire/s of her husband.
This may seem unbelievable at first, but wait! Isn't the purpose of paying the mahr to a woman is
to obtain the right to use her sexual organs for carnal gratification?
An Islamic woman should never say 'no' to her husband's
demand for sex unless she has a natural reason like having her period
or sickness. Even this
natural menstruation cycle is considered a disease (Qur'an 2:222).
How disgusting. I wrote about this in a previous section.
Let us briefly review the hadith and Sha'ria on this issue.
If a woman abandons her husband's bed for the night then the angels
curse her until morning-(Shahih Muslim 8.3366)
Book
008, Number 3366:
Abu
Huraira (Allah be pleased with him) reported that Allah's Apostle
(may peace be upon him) said: When a woman spends the night away
from the bed of her husband, the angels curse her until morning.
This hadith has been narrated through the same chain of transmitters
(with a slight variation):" He said: Until she comes back."
Allah gets displeased with the woman who does not respond when her husband
demands sex from her-(Shahih Muslim 8.3367)
Book
008, Number 3367:
Abu
Huraira (Allah be pleased with him) reported Allah's Messenger (may
peace be upon him) as saying: By Him in Whose Hand is my life, when
a man calls his wife to his bed, and she does not respond, the One
Who is in the heaven is displeased with her until he (her husband)
is pleased with her.
Imam Ghazali
A woman must keep her sexual organs ready for service at all times (Ref:
7: vol. I, p235)
"She should prefer her husband before herself, and before all her relatives,
she should keep herself clean and ready at all times for her husband
to enjoy her whenever he wishes."
Be sad during husband's absence (Ibid, p236)
"And from the ethics of the woman is that she should adhere to righteousness,
and sad in the absence of her husband, and to return to play and
happiness and be the cause of enjoyment when he is present".
Here are some merciful Sha'ria laws for women.
Please note that if a woman has received her mahr or
agreed to its deferment to a future date, which is a normal custom
in the present day, then submitting her sexual organs for husband's
use/desire is rather obligatory.
If she refuses to this type of sexual slavery, then she will
not be entitled to her daily maintenance allowance (see section
on maintenance).
- Duties
of a wife
m5.1 (Ref: 8, p525)
It is obligatory for a woman to let her husband
have sex with her immediately when
(a)
he asks her;
(b)
at home (O: home meaning the place in which he is currently staying,
even if being lent to him or rented);
(c)
and she can physically endure it.
(d)
(O: Another condition that should be added is that her marriage payment
(mahr, def: m8) has been received or deferred to a term not yet
expired.
As for when sex with her is not possible, such
that having it would entail manifest harm to her, then she is not
obliged to comply.)
If she asks him to wait, she is awaited, to
a maximum of three days. (O: She does not ask to wait because of
not having finished period or postnatal bleeding, for there is no
physical harm entailed in her complying as she is, though if she
fears that such foreplay with him will lead to actual copulation)
A: which is unlawful under such circumstances), then she may refuse,
as that is not obligatory). (n: w45 discusses wives' other duties
to husbands.)
m5.6 (Ibid, p526) wife must keep her private
parts clean
The husband is entitled to insist that his wife
undertake both the measures necessary for having sex with her such
as the purificatory bath (ghusl) after her monthly period, and those
necessary to full enjoyment of her such as the purificatory bath
after major ritual impurity (janaba), shaving her private parts,
and removing filth.
m10.4 (Ibid, p538) wife can't leave home
The husband may forbid his wife to leave the
home (O: because the hadith related by Bayhaqi that the Prophet
(Allah bless him and give him peace) said,
"It is not permissible for a woman who believes
in Allah and the Last Day to allow someone into her husband's
house if he is opposed, or to go out if he is averse").
But if one of her relatives dies, it is preferable
to let her leave to visit them.
w45.1 (Ibid, p948) wife's obligation
(Abu Ishaq Shirazi:) A woman is not obliged
to serve her husband by baking, grinding flour, cooking, washing,
or any other kind of service, because the marriage contract entails,
for her part, only that she let him enjoy her sexually, and she
is not obligated to do other than that. (A: Rather, it is considered
sunna in our school for the wife to do the house work, and the husband
(who is obliged to support her) to earn the living, since this is
how the Prophet (Allah bless him and give him peace) divided the
work between Fatima and Ali (Allah be well pleased with them)) (al-Muhadhdhab
fi fiqh al-Imam al-shafi'i (y125),2.68)
Hanafi school
w45.2 (Ibid, p949) (Nahlawi)) The wife's serving her husband at home
-by cooking, cleaning, and baking bread-is religiously obligatory
for her, and if she does not, she is committing a sin, though it
is not something that she may be forced to do by the court (al-Durar
al-mubaha fi al-hazr wa al-ibaha (y99), 172).
- Fasting
p42.2(3) (Ibid, p682) can't fast without
husband's permission
"It is not lawful for a woman to fast when
her husband is present, save by his leave. Nor to permit anyone
into his house except with his permission.".
Excuse
of no sex due to period
e13.5
(Ibid, p94) If a woman claims to be having her period but her husband
does not believe her, it is lawful for him to have sexual intercourse
with her.
Who do you think knows best the working of private parts of a woman? Yeah,
it is her husband, of course. You've guessed it right, didn't
you? A woman is not
even to be trusted regarding the statement about her own body function!
How insulting! It
seems as if that every Muslim husband must examine the private sex
organ of his wife/s if he has some doubt about her period.
He must do this to comply with Islamic Sha'ria.
Shall we call this 'Islamic Gynaecology'?
Support of wives
As
stated earlier, the primary job of an Islamic woman is to satisfy
her husband sexual appetite as well as to do some household chores.
A mahr is the down payment to exercise husband's
inalienable right of ownership of her sexual/reproductive organs.
However, a woman cannot live by mahr alone.
She needs regular maintenance allowance to keep her alive
and to keep her sexual organs in good working condition.
Islam does recognize this fact and makes the maintenance
of wife/s almost compulsory for a husband.
On the surface of it, this rule seems to be fair and merciful
to women. However,
scratch the surface and you are bound to see the ugly and mind-boggling
unfairness in this maintenance provision for Islamic women.
Please note that an Islamic woman earns her maintenance on
a day- to-day basis and there is no guarantee that she will be always
entitled to her living expenses.
Also note that the usual allowance for an Islamic woman is
about two loaves of bread and some extra dishes like meat, sugar,
salt-. etc. If you
are a rice eater, then please calculate how much do you need to
provide your wife/s with to conform to Islamic Sha'ria laws. I am certain that you are grossly overpaying your wife.
It is because you do not follow Islam to the letter.
It is because you follow your natural innate human conscience.
When you do follow Islam and Sha'ria, your conscience
dies, to say the least. Therefore,
as per Sha'ria, we may be greatly surprised that we are paying
rather too much to our life partners, at least according to Islam.
If you are a true Muslim, then you should adjust according
to Islamic law! The
Sha'ria even permits you to pay daily allowance in cash instead
of food and beverages!! Calculate
the price, if you don't mind, of two loaves of bread and the
supplementary items that goes with it.
That is what our wives are entitled to as a daily allowance
to keep them alive and to keep their sexual machine in tuned-up
condition a la machine. How
disgusting, come to think of it!
Has any Islamist ever told you this naked truth?
Never will they do that; and this is for sure.
The Muslim women will know about this truth only when an
Islamic paradise is established and Sha'ria laws are enacted
and enforced vigorously. Another
amazing but surprising fact is that a wife is not entitled for the
payment of water for ghusl (bathing) unless that water is
used to clean her sex organs for intercourse.
Please read the following marvelous rules of Islamic Sha'ria!
I am confident that you won't find them boring at all
because you never thought that these provisions existed in Islamthe
incredible religion of peace, mercy, and tolerance!
- Support
m11.2 (Ibid, p542) Food
The husband is obliged to provide his wife's
sustenance day by day. If affluent, he must daily furnish her with
one litre of the grain that is the staple food of the town in which
they live. (O: By the grain that is the staple food of the
town, the author means if people eat it. If not, then whatever they
eat, even if it is hardened, dried white cheese. If the wife asks
for something other than the staple food of the town, the husband
does not have to provide it for her, and if he gives her something
besides the staple, she need not accept it. The staple food is what
is obligatory.) If he is not affluent, then he is obliged to provide
0.51 litres of grain a day for his wife; while if between
affluence and non-affluence, he must provide 0.77 litres
per day.
He is also obliged to cover the expenses of
grinding it into flour and baking it into bread (O: even when she
is used to doing it herself, as there would otherwise be need for
this expenditure), and to buy the foods that normally accompany
bread to make it savoury and agreeable, as much as is customary
in the town of meat, oil, and so forth (O: such as dates, vinegar,
and cheese. The obligatory measures differ with the seasons, it
being necessary in each season to provide that which is proper to
it. Fruits might predominate in one season, and thus be obligatory.
As for the obligatory amount of meat, one sees how much is customarily
consumed in town per week).
If husband and wife agree that he give her compensation
in place of the above-mentioned (O: grain and other things she is
entitled to, the compensation being in money or clothing), this
is permissible.
m11.3 (Ibid, p543) Articles for personal hygiene
The wife is entitled to what she needs of oil
for her hair, shampoo, (lit."sidr"), and a comb (O: to keep
her hair clean, of the kind and amount that is customary in town,
in order to prevent harm to herself. If oil scented with rose or
violet is the custom of the town, it must be provided, though not
things which are merely cosmetic and not for cleanliness, such as
eyeliner or henna, which need not be provided, though the husband
may provide them if he wishes. It is also obligatory for him to
provide deodorant (lit. "litharge") or the like to stop underarm
odour if water and soap will not suffice), and the price of water
for her purificatory bath (ghusl) when the reason for it is sexual
intercourse or the end of postnatal bleeding, though not if the
reason is the end of her monthly period or something else (dis:m11.1)
m11.5 Ibid, p 544) Clothing
A wife is entitled to the kind of clothing that
is customary in town for dressing oneself (O:and not just anything
termed clothing will suffice. What is obligatory is the amount
necessary for the woman, which varies according to whether she is
tall or short, thin or fat, and with the hot or cold climate of
various towns. In the summertime, it is obligatory to provide her
with a head covering, shift, underdrawers, shoes, and a shawl, because
of her need to go out; and the same in the winter-time, plus a cloak
quilted with cotton to protect her against the cold. If she needs
two cloaks because of the extreme cold, it is obligatory to provide
them. If she needs fuel because of the severity of the winter, it
is obligatory to buy the necessary wood and coal) and (O: he must
also provide the amount customary in town of the) bedding, blankets,
and pillows that are suitable for someone of his income. (O: She
also deserves cooking implements, and utensils for eating and drinking).
m11.7 (Ibid, p544) not obliged to provide if
clothing wears out before the end of season.
If he gives her clothing for a season and it
wears our before the end of the season, he is not obliged to furnish
new clothing, though if it lasts beyond season, he is nevertheless
obliged to provide new clothing for each new season. The wife is
entitled to dispose of the clothing as she wishes, whether by selling
it or other (O: means of disposal, such as giving it away, the reason
being that it is her own property).
- m11.8
(Ibid, p545) Housing and servants
The wife is entitled to housing of the same
quality as that of similar women. (O: The standard of housing depends
on the wife herself, while the standard for her clothing and support
takes the state of the husband into consideration. The difference
is because the expenditure for her support and clothing became her
own property and are not merely for her use, while housing is solely
for use (N: meaning that while she can take compensation in place
of food or clothing and buy some other kind, she cannot rent a different
house). In any case, she is obliged to stay in the lodgings her
husband arranges for her.)
If
she had servants in her father's house, the husband is obliged
to provide servants for her.
m11.9 (Ibid, p545) Support is conditional
The husband is only obliged to support his wife
when she gives herself to him or offers to. Meaning she allows him
full enjoyment of her person and does not refuse him sex at any
time of the night or day. She is not entitled to support from her
husband when:
(1)
she is rebellious (nashiz, def: m10.12(N:)) (O: meaning when she does
not obey him) even if for a moment;
(2)
she travels without his permission, or with his permission but for one
of own needs;
(3)
she assumes ihram for hajj or 'umra (def:j3);
(4)
or when she performs a voluntary fast without her husband's permission
(O: though if he allows her fast and does not ask her to break it.
He must provide her support).
What happens when the wife/wives get sick and need medication?
Unbelievable, though it may sound, the religion of Islam
does not make it obligatory for a man to bear the medical expenses
of his wife in her sickness. The only exception is the childbirth.
Here is what the Sha'ria says.
m11.4 (Ibid, p544) cosmetic and medicine
The husband is not obliged (N: but rather is
recommended) to pay for his wife's cosmetics, doctors fees, the
purchase of medicine for her, and similar expenses (A: though he
must pay for expenditure connected with childbirth).
Daily allowance is payable on a daily basis
m11.6 (Ibid, p544) daily allowance at the first
of each day
It is obligatory for the husband to give his
wife the expenditures for her support at the first of each day,
and to provide her clothing at the first of each season (O: meaning
the beginning of winter and summer).
m11.10 (Ibid, p546) support for divorced and
pregnant wives.
As for a woman in her post marital waiting period
(def: n9), she is entitled to housing during it no matter if it
is because of her husband's death, a divorce in which the husband
may take her back, or a threefold, finalized divorce. As for her
support (A: in terms of food) and clothing:
(1)
it is not obligatory to provide her with it during the waiting period
after (N: a threefold divorce, a release for payment (def: n5),
or) her husband's death;
(2)
it must be provided in the waiting period of (A; not yet threefold) divorce
in which her husband may take her back;
(3)
and if a woman in the waiting period of a three fold divorce is pregnant,
she is given support each day (A: until the child is born, after
which she is entitled to support and wages for taking care of it),
but if not pregnant, she is not entitled to support.
Why did I quote such lengthy provisions of Sha'ria
regarding the maintenance of one's wife/s? It is because I want all women, especially the Muslim women
to digest what Sha'ria means for them.
Let our mothers, sisters and wives and daughters find out
the truth about the merciful Sha'ria laws for them.
Let them see for themselves what Islam will bring in their
lives, if they are duped by the Islamists and are complaining about
the secular system that guarantees them a decent family living at
the least.
Divorce by husband
Divorce in Islam is very simple and straightforward.
A man says to his wife 'you are divorced' in front of two
male witnesses (either verbal or written) and that is all it requires
to get rid of a woman whom a man does not want to keep any more.
The only requirement is that the husband must maintain her
until her idda (waiting period to confirm see whether she
is pregnant or not) is over.
If you are familiar with Islamic rules on divorce, then of
course you do not need to read this section.
Divorced women wait 3 monthly periods...2:228
002.228
YUSUFALI: Divorced women shall wait concerning
themselves for three monthly periods. Nor is it lawful for them
to hide what Allah Hath created in their wombs, if they have faith
in Allah and the Last Day. And their husbands have the better right
to take them back in that period, if they wish for reconciliation.
And women shall have rights similar to the rights against them,
according to what is equitable; but men have a degree (of advantage)
over them. And Allah is Exalted in Power, Wise.
Many
apologists try to camouflage the unfairness in Islamic divorce by
saying that divorce is the most disdainful action in Allah's
eyes. So, a man must
not divorce his wife/s without a good reason.
How true is this rhetoric from the point of view of 'real
Islam'? Let us see.
No
reason required for divorce (Ref: 7, vol. I, p234)
He should not expose her secrets whether in divorce or during the marriage.
As it was narrated regarding exposing the women's secrets, that
it is a great threat, and it was narrated of one of the righteous
people, that when he wanted to divorce a woman, he was asked what
reason he had for divorcing her, he said: "The man of sound mind
does not disclose his wife's secrets.: so when he divorced her
he was asked: "Why did you divorce her"? he replied: "I
have no right to speak about the wife of someone else."
Even the Sha'ria expert, Abdur Rahman I. Doi writes that as per Hanafi
rule no reason is required to divorce one's wife/s (Ref: 9, p173).
Divorce belongs to men and women have the idda-(Malik's Muwatta 29.24.70)
Book
29, Number 29.24.70:
Yahya
related to me from Malik from Yahya ibn Said and from Yazid ibn
Abdullah ibn Qusayt al-Laythi that Said ibn al-Musayyab said, ''Umar
ibn al-Khattab said, 'If a woman is divorced and has one or two
periods and then stops menstruating, she must wait nine months.
If it is clear that she is pregnant, that is that. If not, she must
do an idda of three months after the nine, and then she is free
to marry.' "
Yahya
related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab
said, "Divorce belongs to men, and women have the idda."
If a man said to his wife 'you are haram for me ' then it is counted
as three pronouncements of divorce-(Malik's Muwatta 29.1.6)
Book
29, Number 29.1.6:
Yahya
related to me from Malik that he had heard that Ali ibn Abi Talib
used to say that if a man said to his wife, "You are haram
for me," it counted as three pronouncements of divorce.
Malik
said, "That is the best of what I have heard on the subject."
If you say " I cut myself off from you" or " you are abandoned"
then it is considered as three pronouncements of divorce; if marriage
is consummated then three pronouncements; if not consummated then
one pronouncement-(Malik's Muwatta 29.1.7)
Book
29, Number 29.1.7:
Yahya
related to me from Malik from Nafi that Abdullah ibn Umar said that
statements like "I cut myself off from you",or"You
are abandoned", were considered as three pronouncements of
divorce.
Malik
said that any strong statements such as these or others were considered
as three pronouncements of divorce for a woman whose marriage had
been consummated. In the case of a woman whose marriage had not
been consummated, the man was asked to make an oath on his deen,
as to whether he had intended one or three pronouncements of divorce.
If he had intended one pronouncement, he was asked to make an oath
by Allah to confirm it, and he became a suitor among other suitors,
because a woman whose marriage had been consummated, required three
pronouncements of divorce to make her inaccessible for the husband,
whilst only one pronouncement was needed to make a woman whose marriage
had not been consummated inaccessible.
Malik
added, "That is the best of what I have heard about the matter."
It
is all but abundantly clear that divorce in Islam is really a matter
to be decided by the husband.
He has the absolute authority of when and for what reason
(or no reason) he could get rid of his unwanted wife/s.
The implication of all these is that a Muslim man could simply reorganise
his harem at any time he desires.
He could divorce all his four wives in one sitting and replace
them with new ones, just like replacing old cars with new models.
Many Islamists try to fool
the gullible Muslims by writing that a divorced wife is entitled
to alimony/maintenance. This is absolutely false.
The only time period for which a divorced wife gets her alimony
is during her period of 'Idda' (provided the divorce
is not final: see rules on Sha'ria above).
Please read the following rules from Sha'ria.
Now contrast these 'divine laws' of Allah with the
secular laws on alimony where a dependent spouse is, by law, receives
regular maintenance allowance/alimony from his/her earning partner.
In fact, in Australia, the government authority automatically
deducts this alimony and sends the money to the dependent spouse
before the earning partner receives his/her paycheck.
Now, think for a while, what is the recourse for a divorced
woman in an Islamic society?
How is she going to live when her husband deserts her?
Where shall she go?
Whom shall she turn to?
Please think of this if your brother-in-law divorces his
wife (your sister) or your son-in-law divorces your daughter.
What choice/s do they have?
There is no maintenance allowance or lodging for the wife who has been
given an irrevocable divorce (case of Fatima bint Qais)-(Shahih
Muslim 3514)
Book
009, Number 3514:
Fatima
bint Qais reported that her husband al-Makhzulmi divorced her and
refused to pay her maintenance allowance. So she came to Allah's
Messenger (may peace he upon him) and informed him, whereupon he
said: There is no maintenance allowance for you, and you better
go to the house of Ibn Umm Maktum and live with him for he is a
blind man and you can put off your clothes in his house (i. e. you
shall not face much difficulty in observing purdah there).
There is no provision for lodging and maintenance if the divorce is through
pronouncements-(Shahih Muslim 9.3530)
Book
009, Number 3530:
Fatima
bint Qais (Allah be pleased with her) reported: My husband divorced
me with three pronouncements and Allah's Messenger (may peace be
upon him) made no provision for lodging and maintenance allowance.
Maintenance
is applicable only when the divorced wife is pregnant-(Shahih Muslim
9.3518)
Book
009, Number 3518:
'Ubaidullah
b. 'Abdullah b. 'Utba reported that 'Amr b. Hafs b. al-Mughira set
out along with 'Ali b. Abi Talib (Allah be pleased with him) to
the Yemen and sent to his wife the one pronouncement of divorce
which was still left from the (irrevocable) divorce; and he commanded
al-Harith b. Hisham and 'Ayyash b. Abu Rabi'a to give her maintenance
allowance. They said to her: By Allah, there is no maintenance allowance
for you, except in case you are pregnant. She came to Allah's Apostle
(may peace he upon him) and mentioned their opinion to him, whereupon
he said: There is no maintenance allowance for you. Then she sought
permission to move (to another place), and he (the Holy Prophet)
permitted her. She said: Allah's Messenger, where (should I go)?
He said: To the house of Ibn Umm Maktum and, as he is blind, she
could put off her garments in his presence and he would not see
her. And when her 'Idda was over. Allah's Apostle (may peace be
upon him) married her to Usama b. Zaid. Marwan (the governor of
Medina) sent Qabisa b. Dhuwaib in order to ask her about this hadith,
and she narrated it to him, whereupon Marwan said: We have not heard
this hadith but from a woman. We would adopt a safe (path) where
we found the people. Fatima said that when these words of, Marwan
were conveyed to her. There is between me and you the word of Allah,
the Exalted and Majestic: Do" not turn them out" of their
houses. She asserted: This is in regard to the revocable divorce
what new (turn can the event take) after three pronouncements (separation
between irrevocable). Why do you say there is no maintenance allowance
for her if she is not pregnant? Then on what ground do you restrain
her?
Islamists
often take pride in saying that an Islamic woman also has the right
to divorce his husband. I shall write more on this so-called 'khul'
in a later section.
Hila
marriage
Once
a husband divorces his wife irrevocably or with three pronouncements,
that woman becomes totally 'haram' for him.
He cannot remarry her until she marries another man and the
marriage is consummated and that temporary husband divorces her.
Only after this second divorce takes place and the woman
goes through her normal idda (3 periods) then only the former
husband can re-marry her.
Islamists often cite this as a deterrent for the husband
to think carefully before divorcing his wife/s irrevocably.
If that is the case, then why should the woman be penalised?
After all, it was the husband who caused the divorce.
Therefore, he should receive the punishment, if any, for
re-marriage. Why not the 'hila' marriage be imposed for the
husband? Why should
the woman receive the ignominy of the temporary marriage?
Hila marriage is sanctioned in Qur'an in verse 2:230
002.230
YUSUFALI: So if a husband divorces his wife (irrevocably),
He cannot, after that, re-marry her until after she has married
another husband and He has divorced her. In that case there is no
blame on either of them if they re-unite, provided they feel that
they can keep the limits ordained by Allah. Such are the limits
ordained by Allah, which He makes plain to those who understand.
This
is what the founder of Maliki School of jurisprudence says.
A three times divorced woman must marry another man and must taste the
sweetness of intercourse (hila marriage) before she can remarry
her former husband-(Malik's Muwatta 28.7.18)
Book
28, Number 28.7.18:
Yahya
related to me from Malik from Yahya ibn Said from al-Qasim ibn Muhammad
that A'isha, the wife of the Prophet, may Allah bless him and grant
him peace, said when asked whether it was permissible for a man
to marry again a wife he had divorced irrevocably if she had married
another man who divorced her before consummating the marriage, "Not
until she has tasted the sweetness of intercourse."
Women's right for sex
Up to
now, we only saw the husbands absolute right over his wife/s sexual
organs. How about the
wife/s right for sex? Islam
recognizes that women do need sex as well.
However, they must not be too demanding on this.
They must wait until her husband has the mood to satisfy
her. Look at the unfairness.
We saw in earlier sections that a woman should never say
'no' when her husband demands sex from her.
But her husband is not obliged to entertain her request at
her call. She must
remain controlled and docile and be patient when it comes to her
appetite for sex. A
husband is allowed to have sex with up to four women at a time and
with unlimited number of sex-slaves and female captives.
How about the wife?
Nope. She cannot
have those indulgences. If
the husband is not available to satisfy her, she must remain chaste
at all cost. She can
never turn to any alternative means to satisfy her (like male slave,
male captives etc.). It's
a no no! The Sha'ria forbids it and it will put her to death by stoning
if this kind of forbidden indulgence is proven in an Islamic court.
How fair Allah's laws are!
Women's
right to intercourse
m5.2
(Ref: 8, p525) (Imam Ghazali:) One should make love to one's
wife every four nights, as is fairest, since the number of wives
one may have is four, and one may wait this long to do so, though
one should make more or less than this, according to the amount
she needs to remain chaste and free of want for it (N: if one is
able), since it is obligatory for a husband to enable her to keep
chaste (ihya' 'ulum al-din (y39), 2.46).
Part
6 >>>
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-----------------------------------
Abul
Kasem writes from Sydney, Australia. His e-mail address
is - abul88@hotmail.com
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