Women in Islam: An exegesis - Part 6
20 Nov, 2005
A wife's right to divorce
In part 5 of this essay, I briefly mentioned about the right of an Islamic woman to divorce her husband through a process called 'khul.' Do not be fooled by the Islamists' propaganda that a Muslim woman has the similar rights like an Islamic man in matters of divorce.
Firstly, we must realize that this 'khul' is an expensive process on the part of an Islamic woman to get rid of her unwanted husband. She must pay an amount that may (or may not) exceed the amount of mahr that she received from her husband after the consummation of marriage. Even when a husband beats her severely by breaking her bones, she still has to pay the husband to get rid of the tyrant. What a miscarriage of justice! The victim has to pay the tormentor for inflicting the pain! There can be no injustice worse than this type of Islamic tyranny, come to think of it. Under any secular law, the tyrant will be arrested immediately for the assault and physical abuse and the perpetrator would be sentenced to jail after the due process of law.
Secondly, she herself cannot annul the marriage (unlike the husband, who can); the Islamic judge must decide if she has a valid reason for the 'khul' or not. That is to say that she does not have the same right that an Islamic man enjoys in getting rid of his unwanted wives at his whims and fancies. Get it, readers?
Here is what Malik's Muwatta says on divorce by a woman.
A woman has to ransom herself to be free from her tyrannical husband; she can ransom herself from her husband for more than he gave her-29.10.32
Book 29, Number 29.10.32:
Yahya related to me from Malik from Nafi from a mawla of Safiyya bint Abi Ubayd that she gave all that she possessed to her husband as compensation for her divorce from him, and Abdullah ibn Umar did not disapprove of that.
Malik said that divorce was ratified for a woman who ransomed herself from her husband, when it was known that her husband was detrimental to her and was oppressive for her, and it was known that he wronged her, and he had to return her property to her. Malik added, "This is what I have heard, and it is what is done among us."
Malik said, "There is no harm if a woman ransoms herself from her husband for more than he gave her."
If the wife initiates the divorce then she must return the dower.
A man can take back dower if the woman divorces him...(Sunaan Abu Dawud 12.2220)
Book 12, Number 2220:
Narrated Aisha, Ummul Mu'minin:
Habibah daughter of Sahl was the wife of Thabit ibn Qays Shimmas He beat her and broke some of her part. So she came to the Prophet (peace_be_upon_him) after morning, and complained to him against her husband. The Prophet (peace_be_upon_him) called on Thabit ibn Qays and said (to him): Take a part of her property and separate yourself from her. He asked: Is that right, Apostle of Allah? He said: Yes. He said: I have given her two gardens of mine as a dower, and they are already in her possession. The Prophet (peace_be_upon_him) said: Take them and separate yourself from her.
The divorce of a man by his wife is not a right on her but a privilege. The women cannot by herself divorce her husband. The wife needs a judge to annul the marriage.
m11.13 (Ref: 8, p546) wife needs a judge to annul the marriage
The wife is entitled to annul their marriage whenever the husband is unable to provide her with the support obligatory for a nonaffluent person to pay (def: m11.2) and provide clothing or housing for her.
If she wishes, she may choose to bear with him (O: supporting herself with her own money), and it (O: the amount the husband is unable to pay) remains a financial obligation that he owes her (O: if she does not wish to tolerate his financial incapacity, she cannot annul the marriage by herself, but must establish her husband's inability to support her before the Islamic judge, who annuls the marriage or allows her to do so, since he is the one judges the matter (A: and if there is no judge, she has two persons (def: o21.4) decide))).
However, when the basic food is provided, then the wife cannot seek the dissolution of marriage.
m11.14 (Ibid, p547) wife cannot annul marriage when the basic food is provided
The wife is not entitled to annul the marriage when the husband is unable to provide foods besides the staple food, support her servant, or provide the support that must be provided by an affluent person or person between affluence and non-affluence (def: m11.2).
m11.11 (Ibid, p546) if in court then husband's testimony is accepted as for sexual enjoyment
If the husband and wife disagree (A: in court, when neither has proof (dis: k8.2)) about whether she received her support from him, her word is accepted over his. If they disagree as to whether she allowed him full enjoyment of her person, then his word is accepted over hers unless he admits that she first made herself available to him, but claims she then refused, in which case her word is accepted over his.
Here are few more important features of 'khul' for those who thought that Islam gives the similar rights to women as that of men (Ref: 9, p192)
Maliki school-khul is a divorce by giving something in return.
Hanafi school-khul is end of marriage with the utterance of the word 'khul'.
Shafii school-khul is a separation sought with something given in return and with the pronouncement of the word 'khul'. Can be through mutual agreement or through the order of Kadi on payment by wife to the husband a certain amount not exceeding what was given to her as dower (mahr).
If the husband forces the 'khul' then the wife can keep the mahr.
Khul can be demanded only in extreme cases. Can't be on flimsy grounds. (My note: the husband does not need any reason to divorce a wife!)
Hadis "The women asking for separation and 'khul' are hypocrites".( My note: Men are not)
Khul is makruh ie it is disliked.
It is very much possible for a tyrannical man to marry a pretty lady in Islamic way. Pay her the mahr and enjoy her sexual organs. After some time when he gets tired of her, he starts beating her regularly and mercilessly in Islamic way so much so that she has no choice but go to an Islamic court for a 'khul.' The Qazi (the Islamic judge) asks the lady to return her husband the mahr he gave her; then the Qazi dissolves her marriage. This way the tyrant man got free sex from a lady. All he needed was to provide her with some living expenses for a limited period of time. Then he can start his game again and repeat as many times as he likes. See the beauty of Islam for men!
Women's right of freedom of movement
It is a fundamental right of all creatures to have free movement. Without this freedom, it is impossible to have a civilized society. What we take for granted as an inalienable right of all human beings is not so with Islam. It is rather strange that Allah himself is so displeased with women that He must restrict their movement. What kind of merciful God is He? Imagine what would happen if a man is restricted from his freedom of movement. However, an Islamic woman tolerates such a gross violation of basic human rights in silence hoping that Allah will reward her for enduring such a jungle rule. How is it possible for an Islamic woman to be a professional career-oriented lady when her religion itself denies her the very basic right to move around? Islamists often give convoluted logic that these rules are formulated to protect women from molestation, rape, prying eyes blah, blah, blah. How silly and repugnant those logics are! Can they tell us with statistics how many women are raped and violated when they are commuting to work in places like Japan, Germany, US, UK, Canada, etc. We see women going in rockets to outer space to conquer the unknown with their male colleagues. How come they are not raped and molested? We see women conquering towering mountains and the deepest oceans along with their male counterparts. How many of them were raped and sexually assaulted? If we go by the Islamists logic, then the safest places for women should be the Islamic paradises like Pakistan, Bangladesh, Afghanistan, Sudan, Nigeria-etc. The women there must be the happiest women in the world. Let us hear from a woman from an Islamic Paradise:
"To be a woman in Pakistan is a terrible thing"
(Pakistani woman suspended from her job in a hotel in 1990 for shaking hands with a man; quoted from the book 'Why I am not a Muslim' by Ibn Warraq, p321)
Here are a few excerpts from the Qur'an and hadith to demonstrate how Islam tramples the women's fundamental rights of movement.
Women are not to strike their feet to draw attention to their hidden ornaments-24:31
YUSUFALI: And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers, their husband's fathers, their sons, their husbands' sons, their brothers or their brothers' sons, or their sisters' sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments. And O ye Believers! turn ye all together towards Allah, that ye may attain Bliss.
Women are to stay quietly at home and not to show their allurement -33:33
YUSUFALI: And stay quietly in your houses, and make not a dazzling display, like that of the former Times of Ignorance; and establish regular Prayer, and give regular Charity; and obey Allah and His Messenger. And Allah only wishes to remove all abomination from you, ye members of the Family, and to make you pure and spotless.
A woman can't travel a day's journey without her mahram-(Shahih Muslim 7.3105)
Book 007, Number 3105:
Abu Huraira (Allah be pleased with him) reported Allah's Apostle (may peace be upon him) as saying: It is not lawful for a woman who believes in Allah and the Hereafter to undertake a day's journey except in the company of a Mahram.
A Muslim woman can't travel the distance of a night and a night without her mahram-(Malik's Muwatta 54.14.37)
Book 54, Number 54.14.37:
Malik related to me from Said ibn Abi Said al-Maqburi from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is not halal for a woman who believes in Allah and the Last Day to travel the distance of a day and night without a man who is her mahram."
Let us now ask our Islamic apologists what would happen to those millions of female factory workers in Malaysia, Singapore, Thailand -who work night shift. How could they maintain their livelihood if Islamic laws are enforced in these places? How about Megawati Sukarno Putri, the President of Indonesia; Begum Khaleda Zia, the Prime Minister of Bangladesh going for overseas trips and sitting and talking with their male counterparts in the host countries? Are they not breaking the Sha'ria laws? The world had actually witnessed these Islamic rules when the Talibans took over Afghanistan. Didn't they implement the Sha'ria provision for women immediately after they enslaved them with Islam?
So, let our Islamic women see for themselves what a great future awaits them under Islam. Islam will surely put fetters on their legs and feet so that they have little choice but to stay within the four-corners of their homes. This is what Islam has done for them. How about their career? Forget about career. These women would be lucky if they had the chance to see the outside world!
Here is what the Mullahs have for Islamic women.
"Let these women be warned. We will tear them to pieces. We will give them such terrible punishments that no one in future will dare to raise a voice against Islam" (Pakistani mulla addressing the dissenting women of Rawalpindi. Quoted from 'Why I am not a Muslim' by Ibn Warraq, p321)
Let us do more digging (of Islam).
Many Islamists try to fool the gullible Muslims by writing that Islam allows Muslim women to be educated. What a great deceit! Read the following Sha'ria and you will learn about the truth. The Sha'ria is clear that the only education allowed for women is the religious education and nothing else!
p42.2(4) angels curse (Ref: 8, p682)
Whoever leaves her husband's house [A: without his permission], the angels curse her until she returns or repents."
; m10.3 (Ibid, p538) Leaving home
(A: A husband may permit his wife to leave the house for a lesson in Sacred Law, for invocation of Allah (dhikr), to see her female friends, or to go to any place in the town. A woman may not leave the city without her husband or a member of her unmarriageable kin (def: m6.2) accompanying her, unless the journey is obligatory, like the hajj. It is unlawful for her to travel otherwise, and unlawful for her husband to allow her to.) (n. In the Hanafi school, it is not unlawful for her to travel beyond city limits without a husband or member of her unmarriageable kin unless the distance to her intended destination exceeds ca 77 km/48 mi (al-Lubab fi sharh al-Kitab (y88(, 1.105).)
m10.4 Prohibition on travel (Ibid, page 538)
The husband may forbid his wife to leave the home (O: because of 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 some one into her husband's house if he is opposed, or to go out if he is averse").
But if one of her relative dies, it is preferable to let her leave to visit them.
Worshipping, beautifying, greetings, mourning by women
We often hear from modern Islamists that a woman is welcome in a mosque. On the surface of it, this looks pretty fair and innocuous. But, wait! What they do not tell you is that not all Islamic women are welcomed in a mosque. What? I must have told you a lie, you may think. However, consider the following rules of Sha'ria on women's right to visit a mosque. The truth is this:
Mosques are not for the pretty, young ladies. Mosques are for ugly and old ladies. See for yourself.
f12.4 (Ref: 8, page 171)
--.It is better for women to pray at home than at the mosque (A: whether they are young or old). It is offensive for an attractive or young woman to come to the mosque to pray (O: or for her husband to permit her), though not offensive for women who are not young or attractive when this is unlikely to cause temptation. This is why 'A'isha (Allah be well pleased with her) said,
"Had the Prophet (Allah bless him and give him peace) seen what women do now, he would have forbidden them the mosque as the women of Bani sra'il were forbidden," a hadith reported by Bukhari and Muslim.
f20.3 (Ibid, p214) (regarding eclipse prayer)
It is recommended to be performed in a group at the mosque.
It is recommended for women without attractive figures to attend (O: in their household clothes, that is, women advanced in years and the like. As for women who have attractive figures, it is desirable for them to perform it in their homes.
p42.2 (3) (Ibid, p682) Allah will not look at a woman
The prophet (Allah bless him and give him peace) said: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."
legitimately ask why not ban the handsome, young men from visiting
the mosque so that the women present there will not be tempted, if
this is the reason for banning attractive, young ladies from
visiting a mosque? No, that is impossible. Why? Don't you remember
that Allah prefers men and women are inferior (see part 1 of this
essay)? Therefore, Allah can never be equal to both sexes when it
comes to showing divinity to Him.
The real truth is that Muhammad was a very sexist person, just as most of the Arabs were during his time (or even now). He could never upset the Arab men by giving equal rights (like in a secular society) to both the sexes. Deep inside him was the mind of a Bedouin Arab who knew rather well that his ambition could never be materialized if he sided with women. It is too much for Arab men to see women at par with men. They will simply not accept that. We can see in many ahadith that when it came to give decision between men and women, Muhammad, almost always gave decision in favor of men. The above ahdaith that I quoted at the beginning of this part of essay are just a few samples.
Here is another hadith that shows how far an Islamic woman should go to please her husband returning from a long trip. Is it a small wonder why Muhammad did not ask the men to do the same for a returning woman?
Wife must shave her pubic hair if husband returns home at night after a long journey-(Shahih Bukhari 7.62.173)
Volume 7, Book 62, Number 173:
Narrated Jabir bin 'Abdullah:
The Prophet said, "If you enter (your town) at night (after coming from a journey), do not enter upon your family till the woman whose husband was absent (from the house) shaves her pubic hair and the woman with unkempt hair, combs her hair" Allah's Apostle further said, "(O Jabir!) Seek to have offspring, seek to have offspring!"
Wearing cosmetics by an Islamic woman and beautifying her face is haram in Islam. Those Muslim women who indulge in such sinful activities cannot be considered as Muslim at all. Therefore, all Muslim gals and women who have tons of lipstick, mascara, eye shadow, and many other beautifying things should empty their cosmetic box right away, lest they would burn in hellfire after the day of judgment. Look at these Shahih ahadith.
Muhammad has no concern for a woman who cries loudly, shaves her hair and tears her clothes in bereavement-(Shahih Muslim 1.0187, 0188)
Book 001, Number 0187:
It is narrated on the authority of Abu Burda that Abu Musa fell unconscious and his wife Umm Abdullah came there and wailed loudly. When he felt relief he said: Don't you know? -and narrated to her: Verily the Messenger of Allah (may peace be upon him) said: I have no concern with one who shaved her hair, lamented loudly and tore (her clothes in grief).
Book 001, Number 0188:
This hadith is narrated on the authority of Abu Musa with this change only: That (the Holy Prophet) did not say that he had no concern but said: He is not one of us.
Women can visit mosques but must not wear perfume...( Sunaan Abu Dawud 2.0565)
Book 2, Number 0565:
Narrated Abu Hurayrah:
Do not prevent the female servants of Allah from visiting the mosques of Allah, but they may go out (to the mosque) having not perfumed themselves.
Please contrast this with the recommendation to men to wear perfume while attending prayers in a mosque. But for Islamic women there is no perfume. This is the gender equality, Islamic style.
A young and beautiful Islamic woman is a real problem for Islam and its Ummah. She does not even deserve a greeting! See the following provision for such women from the founder of Maliki School of Islamic jurisprudence.
Greet an old woman but not a young woman-53.1.2
Book 53, Number 53.1.2:
Yahya related to me from Malik from Wahb ibn Kaysan that Muhammad ibn Amr ibn Ata said, "I was sitting with Abdullah ibn Abbas when a Yemeni man came in. He said, 'Peace be upon you, and the mercy of Allah and His blessing' (as-salamu alaykum wa rahmatullahi wa barakatuhu), and then he added something more to that. Ibn Abbas said (and at that time his eyesight had gone), 'Who is this?' People said, 'This is a Yemeni who has come to see you,' and they introduced him. Ibn Abbas said, 'The greeting ends with the word blessing.' "
Yahya said that Malik was asked, "Does one greet a woman?" He said, "As for an old woman, I do not disapprove of it. As for a young woman, I do not like it."
Tawba, tawba! Wastagfirullah! What am I hearing? Is it necessary for a Muslim woman to be circumcised? The Islamists will tell you all kinds of misleading stories to confuse the gullible Muslim women. After all, what is there to circumcise in a woman? This type of genital mutilation is suitable for men and not for women, many will say. Let us see what the 'real Islam' says about this female genital mutilation.
e4.3 Female circumcision (Ref: 8, p59)
Circumcision is obligatory (O: for both men and women. For men it consists of removing the prepuce from the penis, and for women, removing the prepuce (Ar.Bazr) of the clitoris (n: not the clitoris itself, as some mistakenly assert). (A: Hanbalis hold that the circumcision of women is not obligatory but sunna, while Hanafis consider it a mere courtesy to the husband.)
Female circumcision; do not cut severely as that is better for a woman and more desirable for a husband-( Sunaan Abu Dawud 41.5251)
Book 41, Number 5251:
Narrated Umm Atiyyah al-Ansariyyah:
A woman used to perform circumcision in Medina. The Prophet (peace_be_upon_him) said to her: Do not cut severely as that is better for a woman and more desirable for a husband.
Now, if you are an Islamic woman and not circumcised yet, then please make your choice; do you want to go through this barbarity to be a true Muslim woman or remain the so-called 'moderate' Muslim by ignoring this Sha'ria provision. Mind you that when the Islamic Paradise is established you may have to undergo the surgery that you never ever dreamed of even in a nightmare.
Fundamental rights like association, personal freedom, freedom of attire-etc.
Islamic marriage rule permits a male Muslim to marry a woman of the Book (Jews and Christians, although some school of jurisprudence says that the Sabiun's and the Zoroastrians are included too-but I shall exclude them for this essay) though this type of inter-religious marriage is not encouraged. However, Islam strictly forbids an Islamic woman to marry any male who is not a Muslim. If an Islamic woman contravenes this divine rule, then her marriage is illegal and she is committing the act of Zina/adultery that may be punishable by 100 lashes or stoning to death.
Please think for a while. Firstly, instead of promoting inter-religious harmony/tolerance, Islam is promoting hate and intolerance, and secondly, it is severely restricting the choice of an Islamic woman in the selection of her spouse. It is impossible for an Islamic woman to fall in love with a non-Muslim man and marry him to raise a family unless the man converts to Islam. Compare this with the secular system of marriage where the religion of the spouses is irrelevant. Yet, the Islamists are beating the drum saying, 'Islam is peaceful, Islam is merciful, Islam is tolerant.' Please show us where is the tolerance in Islam when it comes to marrying spouse from other religion?
Here is merciful and tolerant Qur'an
Do not get your
girls married to unbelievers until they believe...2:221
YUSUFALI: Do not marry unbelieving women (idolaters), until they believe: A slave woman who believes is better than an unbelieving woman, even though she allures you. Nor marry (your girls) to unbelievers until they believe: A man slave who believes is better than an unbeliever, even though he allures you. Unbelievers do (but) beckon you to the Fire. But Allah beckons by His Grace to the Garden (of bliss) and forgiveness, and makes His Signs clear to mankind: That they may celebrate His praise.
Please read the following hadith and figure out what is the meaning of a woman who dresses but appear to be naked. To me, it means wearing a thin transparent dress or may be underwear that may be visible. I really do not know the clear meaning of this hadith. However, what strikes me the most is an inherent misogynic content of this hadith. Why men are not included? We know that many men wear very little dress at home like, shorts, singlets, etc. Some men even sleep with underwear only. What would Allah do if a woman sleeps with underwear or worse, sleeps naked? Who is going to watch her except her husband? Does this hadith mean that Allah sends down angels to watch every woman who sleeps with only underwear or thin/transparent nightgowns on? How silly, huh? Islam had to invade even the very private bedroom of a woman. There is no respite for her. I guess Allah/Islam follows her even when she visits the toilet!
Those women who are naked even in their dresses and lead their husbands to astray will go to hell-(Shahih Muslim 24.5310)
Book 024, Number 5310:
Abu Huraira reported Allah's Messenger (may peace be upon him) having said this: Two are the types of the denizens of Hell whom I did not see: people having flogs like the tails of the ox with them and they would be beating people, and the women who would be dressed but appear to be naked, who would be inclined (to evil) and make their husbands incline towards it. Their heads would be like the humps of the bukht camel inclined to one side. They will not enter Paradise and they would not smell its odour whereas its odour would be smelt from such and such distance.
Another disgusting way an Islamic woman is violated in exercising her fundamental right of choice of attire is the veiling of her in the most unattractive, ugly way. The 'real Islam' by the Talibans shocked the world when they imposed forced Burqa (read mobile prison) on their women. Anyone who had seen the TV footages of hundreds of thousands of those hapless 'ghost' creatures running for their lives from the hands of Taliban Islam, cannot help but sigh in disgust, sorrow and pain the suffering those women were put through. This is Islam, pure and clean. I invite the Islamic men to try out this Burqa on a hot summer day! See how enjoyable this piece of attire is; how comfortable it is! Whenever I see the Islamic women in ugly hijab, I recall those days of Cultural Revolution of Chairman Mao in China. Do you remember those tumultuous days of China? Do you remember how Chairman Mao forced all women to wear Mao coat (a la female style) as their outfit? Do you remember wearing anything other than that proletarian dress was considered as a adopting a 'decadent' capitalist (read Western) culture? Do you remember how women were punished in China for wearing anything that did not conform to party rules? I find a strange similarity between the Chairman Mao's brand of communism and today's Islam gone mad. This is what awaits the Islamic women when a country goes Islamic. Make no mistake about this. Women will be the first and the worst victims of Islamic tolerance and mercy! Here is what Sha'ria has to say about veiling a woman.
f5.6 Veiling a woman (Ref: 8, p122)
It is recommended for a woman to wear a covering over her head (khimar), a full length shift, and a heavy slip under it that doesn't cling to the body. (O: She should not wrap it so tightly about herself that it hinders standing, sitting, and other postures connected with the actions of prayer. She is recommended to pray in three garments even though the head cover and shift alone are sufficient as a covering.)
m 2.3 (Ibid, p512) -..A majority of scholars (n: with the exception of some Hanafis, as at m2.8 below) have been recorded as holding that it is unlawful for women to leave the house with faces unveiled, whether or not there is likelihood of temptation. When there is likelihood of temptation, scholars unanimously concur that it is unlawful, temptation meaning anything that leads to sexual intercourse or its usual preliminaries. As for when there is real need (dis: m2.11), looking is not unlawful, provided temptation is unlikely).
Cannot wear a thin garment
(Ibid, p973) An inward enormity, wearing a thin garment
A woman wearing a thin garment that reveals her body contours, or her inclining (N: showing desire for others) and making others incline towards her;
w52.1 (272) (Ibid, pp98-99) An enormity leaving house wearing perfume
A woman leaving her house perfumed and adorned, even with her husband's permission;
m2.3(A)(Ibid, p 512) unlawful to be alone with a marriageable man.
(A: Being alone with a woman who is not one's wife or unmarriageable kin is absolutely unlawful, though if there are two women and a man, the man and the woman are no longer considered alone.)
Participation in Jihad
Islamists write that the best form of Jihad for an Islamic woman is the hajj. It is true that there is a hadith that says that the best Jihad is hajj Mabrur (see Shahih Bukhari 2.26.595) What the Islamists do not tell you though are that that hadith is the half-truth. This hadith is related with Aisha's (Muhammad's child bride) wish of joining a jihad. Muhammad told her that the best jihad for her was the hajj. The translator then inserted the words (for women) in the bracket. Read this hadith for yourself.
Volume 2, Book 26, Number 595:
(the mother of the faithful believers) I said, "O Allah's Apostle! We consider Jihad as the best deed." The Prophet said, "The best Jihad (for women) is Hajj Mabrur. "
This is similar to the Islamists double game on Jihad for men. When the Islamists live in western countries, they say that Jihad means struggle to purify oneself spiritually. What a big joke! Whenever they are in an Islamic paradise, they will surely call Jihad as a means of armed war against the infidels to bring the entire world under Islam. In recent times, we have seen a few Palestinian women suicide bombers used as Jihadis to kill innocent Israeli civilians. Why did our Islamists in the West not condemn those acts as being un-Islamic? Why did they not say that those Palestinian woman Jihadis should have performed hajj instead of suicide bombing? Well, the truth to the matter is that hadith (Shahih Bukhari 2.26. 595) was truly related to a particular woman, Aisha.
Let us look at Sha'ria for the truth.
1. Jihad is obligatory for women
o9.3 ((Ref: 8, p601) Jihad is also (O: personally) obligatory for everyone (O: able to perform it, male or female, old or young) when the enemy has surrounded the Muslims (O: on every side, having entered our territory, even if the land consists of ruins, wilderness, or mountains, for non-Muslim forces entering Muslim lands is a weighty matter that cannot be ignored, but must be met with effort and struggle to repel them by every possible means. All of which is if conditions permit gathering (A: the above-mentioned) people, provisioning them, and readying them for war. If conditions do not permit this, as when the enemy has overrun the Muslims such that they are unable to provision or found if captured is obliged to defend himself in whatever way possible. But if not certain that he will be killed, meaning that he might or might not be, as when he might merely be taken captive, and he knows he will be killed if he does not surrender, then he may either surrender or fight. A woman too has a choice between fighting or surrendering if she is certain that she will not be subjected to an indecent act if captured. If uncertain that she will be safe from such an act, she is obliged to fight, and surrender is not possible.
The above Sha'ria rule on Jihad by Islamic women is quite clear that a woman can sacrifice her life in a Jihad. This is fair enough, for, men are also encouraged to sacrifice their lives in a Jihad. So, what is the unfairness? The unfairness is that the women Jihadis do not get a share in the booty or plunder. How ridiculous! A woman Jihadi is exhorted to fight on an equal footing like a man Jihadi and sacrifices her life. Alas! When it comes to sharing the fruits of Jihad she is not allowed to take a part of it. She only receives a present as a token for her service, and that is all. The women Jihadis have no right to demand a share in the spoils that are distributed amongst the male Jihadis only. See the following hadith
Woman Jihadis take care of the wounded, they are to be given a prize but not a regular share in the booty -Shahih Muslim 19.4456)
Book 019, Number 4456:
It has been narrated on the authority of Yazid b. Hurmuz that Najda wrote to Ibn Abbas inquiring of him five things. Ibn Abbas said: If I had not the fear of committing (sin) for concealing the knowledge I would not have written to him. Najda wrote to him saying (after praising the Almighty and invoking blessings on the Prophet): Tell me whether the Messenger of Allah (may peace be upon him) took women to participate with him in Jihad; (if he did), whether he allotted them a regular share from the booty; whether he killed the children of (the enemy in the war how long an orphan would be entitled to consideration as such and for whom the Khums (fifth part of the booty) was booty. Ibn Abbas wrote to him: You have written asking me whether the Messenger of Allah (may peace be upon him) took women with him to participate in Jihad. He did take them to the battle and sometimes he fought along with them. They would treat the wounded and were given a reward from the booty, but he did not assign any regular share for them. And the of Allah (may peace be upon him) did not kill the children of the enemy, so thou shouldst not kill the children. Also you have written to me asking me when the orphanhood of an orphan comes to an end. By my life, if a man has become bearded but is still incapable of getting his due from others as well u meeting his obligation towards them, (he is yet an orphan to be treated you such), but when he can look after his interests like grown-up people, he is no longer an orphan. And you have written to me inquiring about Khums as to whom it is meant for. (In this connection) we (the kinsmen of the Messenger of Allah) used to say: It is for us, but those people (i.e., Banu Umayya) have denied it to us.
Abul Kasem is an Bengali ex-Muslim and academic. He has contributed in Leaving Islam - Apostates Speak Out and Beyond Jihad - Critical Voices from Inside and Why We Left Islam.. He has also written extensively on Islam in various websites and is the author of five e-Books: A Complete Guide to Allah, Root of Terrorism ala Islamic Style, Sex and Sexuality in Islam, Who Authored the Quran? and Women in Islam. Mr. Kasem leaves in Sydney, Australia. He can be contacted at email@example.com.