Jaajef wa G-L,
Here is the second part of the article posted last week. More can be obtained by visiting : http://786.co.za/shamima/articles.htm
Yeenduleen ak jaama
Tony
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(cont'd)
Hence do not covet the bounties which Allah has
bestowed more abundantly on some of you than on
others. Men shall have a benefit from what they earn,
and women shall have a benefit from what they earn.
Ask, therefore, Allah (to give you) out of His Bounty:
behold, Allah has indeed full knowledge of everything.
(4:32)
This verse is very clear. That we shall all be rewarded
according to what we earn. And also that one will be
rewarded for whatever good deeds one does.
There*s also the verse that men and women that do good
deeds will be rewarded according to their deeds and their
work. Often times we hear the "hadith" that when the
Prophet (s) went to Hell he saw more women in Hell than
men. If women were more prone to evil, why would God
give them equal obligations to do moral good.
These are few of the "positive" verses which lay down the
basic principle that gender is not a criterion for
determining the status of the individual.
I would be failing in completing the discussion if I left out
the more popular verses used to describe women*s
identity.
Degree above:
Often, to uphold the superiority of men, people say that the
Qur*an says that men are a degree above women. And
yes, that*s true. It does say it.
Women who are divorced shall wait, keeping themselves
apart, three (monthly) courses. And it is not lawful for
them that they conceal that which Allah has created in
their wombs if they believe in Allah and the last day. And
their husbands would do better to take them back in that
case if they desire a reconciliation. And (the rights) due
to the woman are similar to (the rights) against them, (or
responsibilities they owe) with regard to the good
(ma*ruf), and men have a degree (darajah) above them.
Allah is Mighty, Wise. (2:228)
This verse refers to a context of a couple getting divorced
and there is the possibility of a pregnancy. It calls on
women not to conceal their pregnancy. And it is better for
their husbands to take them back if reconciliation is
possible. While women have similar rights to their
responsibilities, men have a degree of rights and
responsibility above them a degree above them.
This verse is often used to quote the "degree above
them". It*s not applied to the context. I*ve even heard our
(MYM) members trying to come to grips with men being a
"degree above them"! That*s just accepted. The problem
is that it applies to a particular context, not to general law
meaning that men are a degree above women. This verse
speaks about pregnancy when divorce is taking place. If
the wife is pregnant she has no right to conceal the
pregnancy. Which is fine. It should be so. Also the fact that
the men do have a degree of advantage in taking the child
back. The verse speaks about the rights that women have
and the rights above them and then speaks about men
having a degree above them. So the degree is with
respect to responsibilities (rights against them) as well as
rights. We must also remember all the time that what they
have has been bestowed by Allah. It*s not from
themselves; it*s from Allah. And they have a responsibility
to give.
Maintenance & Beating, Marriage:
Men are qawwamun (maintainers/protectors) of women,
for Allah has preferred (faddala) some over others, and
(on the basis) of what they spend of their property. So
good women are qanitat (obedient), guarding in secret
that which Allah has guarded. As from those whom you
fear nushuz (rebellion), admonish them, banish them to
beds apart, and scourge/beat them. Then, if they obey
you, seek not a way against them. (4:34)
Men are maintainers of women because Allah has
bestowed more on some then others. That*s why they are
supposed to be maintainers. The fact is they generally
have more money than women. Also, the situation of
divorce. If you*re pregnant it*s more of a burden
sometimes and you need assistance.
Then the verse says Allah has bestowed more on some
than on others because they have an extra responsibility.
So good women are "qanitat". Generally it seems from
the Qur*an that the one that contributes more, takes on
more responsibility has more rights. The less
responsibilities they have, the less rights they have.
Then, if you rebellion from them, there are three stages of
correcting: admonish them, banish them to beds apart,
and then beat them lightly. The one that causes most grief
in the community is that men are allowed to "beat" women
or one individual is allowed to beat another, especially in
a marriage. This notion has always bothered me. But if I
look at the stages through which one goes, through the
process, first it*s "admonish them". It says "beat them
lightly" then admonishing would be, for example, just
saying "stop it" or something like that. Not yelling or
shouting, but something light. And then "banish them to
beds apart". I don*t believe anybody, any rapist or abuser
* according to the profiles for such people * will get to the
second stage. Rapists and abusers (that are spouses)
generally they*d sleep with her first. Generally they sleep
with the victim then beat them then sleep with them again.
A normal, good Muslim will never reach that stage, the
stage of banishing them. An abusive husband will do
things the other way around.
The word "nushuz" is quite a strong word. It means
rebellion. And only a "rebellion" allows a man to go
through these stages. People are defiant and disobedient
everyday; but this "nushuz" is quite strong. The issue with
this verse is how we deal with it and how we are prepared
to deal with it.
Marriage relationship:
And among His wonders is this: He creates for you
mates out of your own kind, so that you might incline
towards them, and He engenders Love and Tenderness
between you: in this, behold, there are messages indeed
for people who think. (30:21)
Here is portrayed a relationship that is tender and a
relationship that*s based on tenderness and love. Here*s
another principle that one can draw on for a marital
relationship.
It is lawful for you to go in unto your wives during the
night preceding the (day*s) fast: they are as a garment for
you, and you are as a garment for them.
Seclusion & separation (Prophet*s wives):
O Prophet! say to your consorts: "If it be that desire The
life of this world, And its glitter, then come! I will provide
for you enjoyment and set you free in a handsome
manner.
But if you seek Allah And his Apostle, and the home of
the hereafter, verily Allah has prepared for the well doers
amongst you a great reward.
O Consorts of the Prophet ! If any of you were guilty of
evident unseemly conduct, the punishment would be
double to her, and that is easy for Allah.
But any of you that is devoted in the service of Allah and
His apostle, And works righteousness, to her shall We
grant her reward twice and We have prepared for her a
generous sustenance.
O consorts of the Prophet! You are not like any of the
(other) women. If you are conscious of Allah, be not too
complacent of speech, lest one in whose heart is a
disease should be moved with desire. But speak you a
speech that is just.
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 Apostle. And Allah only
wishes to remove all abomination from you, you
members of the family, and to make you pure and
spotless. (33:28-33).
These verses * the seclusion, the voice story, the staying
at home, etc * what one needs to make quite clear is that
these verses refer to the Prophet*s wives. Firstly, they will
get twice the reward than any other woman will get. But
also, there are greater responsibilities and restrictions for
what they do. So they*ll get double for doing it, as well
double sin.
The verse: "O consorts of the Prophet! You are not like
any of the (other) women. If you are conscious of Allah, be
not too complacent of speech, lest one in whose heart is a
disease should be moved with desire. But speak you a
speech that is just." is the verse the Jamiat uses to
support their no-woman*s voice position. What is clear
here is that firstly it*s speaking to the Prophet*s wives only
(which they didn*t mention), and secondly * not that they
shouldn*t speak but that they should not speak in
complacent but in just terms, that their speech is just.
What the Jamiat also didn*t do is say the last bit: "But
speak you a speech that is just." All they quote is: "If you
are conscious of Allah, be not too complacent of speech,
lest one in whose heart is a disease should be moved
with desire." That sentence is part of the verse, but the
Jamiat chooses not to quote it. For their convenience,
they use the verse to support their position. This is
devious! We often do that.
"And stay quietly in your houses." Here again is the
Tabligh Jamaat position that women should be confined
to their homes. People could do that if they like, but the
Qur*an is instructing the Prophet*s wives in this instance
and not saying it is a general rule.
Challenges
I want to look finally at the challenges that we face and that
we need to deal with. The issues here we need to deal
with practically.
We should now stop focussing on verses that are
interpreted to imply a lower status of women. We of often
ignore the principles. We need to extract these to apply to
new practical contexts.
We should also make sure and challenge people who
interpret and use verses of selective & convenient text like
the Jamiat*s use of verses to argue that women*s voices
can*t be heard. There*s the of pamphlet supporting
women*s voice not being heard, where the supporters
give weight to their position by quoting only part of the
verse only .
Another problem is that "religious authorities" cannot deal
with these issues and challenges. They are not qualified to
do so; there*s a lack of education, experience and
commitment to the reopening of the doors of ijtihad. They
are not thinking or reflecting but remain static. And we
should ask these "authorities" to also engage in ijtihad.
They are also afraid of reform and of challenges to their
authority. We must keep challenging them.
Also they don*t respond very well to challenges. Everytime
we challenge them, everytime we speak to them, they
don*t respond. Around two years ago, when I was the
Gender Desk Co-ordinator, I wrote to the Jamiat about the
husband*s right to unilateral divorce. They argued that it is
Qur*anic, it is Islamic. Then I quoted them a whole lot of
verses and told them that these verses showed that
marital relationships don*t adhere to the kind of talaq with
a complete lack of consultation. I sent them a five-page
letter quoting these verses. They sent me a reply asking
Allah to give me hidayah (guidance) and saying that I was
very arrogant. This United Ulama Council, this big
organisation with hundreds of maulanas, tells me that I*m
arrogant and may Allah give me hidayah and this was
their last correspondence with us. I felt sick!
Another problem is that men write women into their
experiences, For a long time men have been writing about
women, men have been writing the interpretations. Even if
a progressive man writes about women, it*s from a male
perspective. They write us into their experiences. Ebrahim
Moosa (a leading South African and international
progressive Muslim theologian and scholar) experiences
life much differently than I do. He*s progressive, fine! But
I*d rather Firdousa (the MYM Gender Desk co-ordinator)
wrote it. It would be more real. Our experiences are
different because we*re in an oppressive situation.
Even some of the women writers that are emerging are
the more conservative ones who write from tradition. They
don*t change things, they just focus on what*s there.
That leads us to the next point. That women generally
retain and accept traditional stereotypes. Women are
more passionate about retaining tradition than men. We
find women often just want to keep the peace. It*s in their
family lives and comes out in their wider lives. But they
could change, and that*s what we should attempt.
The last issue I want to raise is that Muslim Personal Law
is being developed. We need to find out what*s
happening, otherwise we*ll get up with a rude shock when
things are already done. We need much reform in this
field and a fresh interpretation of MPL.
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