Women Rights in Islam & the Women Protection Act

And if you fear a separation between the two of them, appoint an arbitrator from his family and an arbitrator from her family.  If they desire reconciliation, Allah will bring them into agreement.  Verily Allah is Knowing, Knowledgeable.

(Holy Quran: 4 : 35)

 Introduction

Islam provides answers to questions and solutions to problems in all aspects of life. These answers:

  • Are simple. Anyone can easily follow them,
  • Appeal to the mind. They make sense,
  • Appeal to the heart. You will know deep inside that they are right, and
  • Are harmonious. They work with each other, with nature and with science.

Man-made laws may not give us a satisfactory answer.

So, if the answers you were given are not satisfactory, consider the Islamic answer.

Similarly Islam has given answers to social & family problems. Islam has given women their due rights more than 1400 years ago. The problem is awareness of the solutions & their practice.

Also read: Human Rights In Islam & Their Significance

http://www.drnaumanshad.wordpress.com/2017/01/21/basic-human-rights-in-islam-their-significance/

Women in past before Islam

Before Islam women were treated as animals and slaves. They did not have any right. They did not receive inheritance. They did not have their own decision about marriage. It was the matter of disrespect to have a daughter. If someone had a daughter he buried them alive. The inhuman and heartless actions were done to women.

 Rights of the women in Islam:-

  • Muslim women have the equal right of the good deeds.
  • Muslim women have the equal right to obtain the education.
  • Muslim women have the right to get the provision from her father and brother.
  • Muslim women have the right to express her own ideas.
  • Muslim women have the right to get married according to their will.
  • Muslim women have the right to get divorce from her husband.
  • Muslim women have the social, economic, spiritual and political rights.

Status of Women in Islam

Islam gave women their due rights over 1000 years ago.

One of them many may not be knowing:

Every woman has a male kafeel/sponsor since birth till death i.e one who takes care of her financial needs including food,  clothing shelter etc

Before marriage it is responsibility of her father. If father has died then income earning brothers; if none then uncle or nephew, then next of kin etc

If married then it is responsibility of the husband.

If husband dies then responsibility is on her sons, if no sons then brothers, nephews and so on.

If no next of kin at all, then it becomes the government’s responsibility.

In Islam a woman is NEVER left alone!

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Women’s rights as Compared to Men’s’ rights in Islam

As mentioned, Islam has given the rights to women. Their rights are different to men because of their nature. Their rights are not equal, rather they are EQUALLY BALANCED.

Islam believes in equality between men and women – Equality does not mean identicallity.  (Dr. Zakir Naik).

It is like two students getting equal marks in a paper but each student gets different marks for each individual question. In some questions one student gets more marks, while in other questions, the other student gets more marks. In some questions they get equal marks.

Total marks for both are the same.

In any organization, small or big, there is a leader, commander, boss etc who gives fair orders after consultation so that things run smoothly. Similarly in a family setup, this is the right of men as mentioned in the Holy Quran:

“And they (women) have rights (over their husbands as regards living expenses) similar (to those of their husbands) over them (as regards obedience and respect) to what is reasonable, but men have a degree (of responsibility) over them”

[Holy Quran 2:228]

“Men are in charge of women by [right of] what Allah has given one over the other and what they spend [for maintenance] from their wealth. So righteous women are devoutly obedient…”

(Holy Quran 4: 34)

From the Islamic point of view, the question of the equality of men and women is meaningless. It is like discussing the equality of a rose and a jasmine. Each has its own perfume, colour, shape and beauty. Men and women are not the same. Each has particular features and characteristics.

Women are not equal to men. But neither are men equal to women. Islam envisages their roles in society not as competing but as complimentary. Each has certain duties and functions in accordance with his or her nature and constitution.

Man possesses certain privileges such as social authority and mobility against which he has to perform many heavy duties. First of all, he bears all economic responsibility. It is his duty to support his family completely even if his wife is rich and despite the fact that she is economically independent.

A woman in a traditional Islamic society does not have to worry about earning a living. There is always a family completely even if his wife is rich and despite die fact that she is economically independent. A woman in traditional Islamic society does not have to worry about earning a living.

In return for these privileges which the woman receives, she has also certain responsibilities of which the most important is to provide a home for her family and to bring up her children properly. In the home the woman rules as queen and a Muslim man is in a sense the guest of his wife at home.

He holds the prerogative, whether one agrees or not, especially if his decisions are according to teachings of Islam, Men are superior when it comes to certain rights that they have over women (authority & obedience) as they own responsibility of earning for the family.

The Shariah therefore envisages the role of men and women according to their nature, which is complimentary. It gives the man the privilege of social and political authority and movement for which he has to pay by bearing heavy responsibilities, by protecting his family from all the forces and pressures of society, economic and otherwise.

Although a master in the world at large and the head of his own family, the man acts in his home as one who recognize the rule of his wife, in this domain and respects it. Through mutual understanding and the realization of the responsibilities that God has placed on each other’s shoulders, the Muslim man and woman are able to fulfill their personalities and create a firm family unit which is the basic structure of Muslim society

However, both the wife & the husband have rights cleared defined & mentioned in the Holy Quran and Ahadith.

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 Wife’s Rights in Islam

  1. Financial Rights

a. Dowry (Haq Mehar)

This is the money to which the wife is entitled from her husband when the marriage contract is completed or when the marriage is consummated. It is a right which the man is obliged to pay to the woman. Allaah says (interpretation of the meaning):

“And give to the women (whom you marry) their Mahr (obligatory bridal-money given by the husband to his wife at the time of marriage) with a good heart” [al-Nisaa’ 4:4]

 (Holy Quran 4: 34)

b. Sustenance/Spending

What is meant by spending is providing what the wife needs of food and accommodation. She has the right to these things even if she is rich, because Allaah says (interpretation of the meaning):

“but the father of the child shall bear the cost of the mother’s food and clothing on a reasonable basis” [al-Baqarah 2:233]

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“Let the rich man spend according to his means; and the man whose resources are restricted, let him spend according to what Allaah has given him” [al-Talaaq 65:7]

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 c. Accommodation

This is also one of the wife’s rights, which means that her husband should prepare for her accommodation according to his means and ability. Allah says (interpretation of the meaning):

“Lodge them (the divorced women) where you dwell, according to your means” [al-Talaaq 65:6]

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 2. Non-Financial Rights:

a. Kind treatment. The husband must have a good attitude towards his wife and be kind to her, and offer her everything that may soften her heart towards him, because Allaah says (interpretation of the meaning):

“and live with them honourably” [al-Nisaa’ 4:19]

“And they (women) have rights (over their husbands as regards living expenses) similar (to those of their husbands) over them (as regards obedience and respect) to what is reasonable”

[Holy Quran 2:228]

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 b. Not harming one’s wife.

This is one of the basic principles of Islam. Because harming others is haraam in the case of strangers, it is even more so in the case of harming one’s wife. He should not resort to physical, psychological or emotional abuse.

It was narrated from ‘Ubaadah ibn al-Saamit that the Messenger of Allaah (peace and blessings of Allaah be upon him) ruled, “There should be no harming nor reciprocating harm.” (Narrated by Ibn Maajah,, 2340)

c. According to some scholars the wife’s duties do not require her to clean the house or cook. It is the husband’s duty to provide servants to clean and cook. However, if the wife does those things out of mercy and love, and as a compromise for smooth running of the house, it is a gift to the husband on her part. Thus it means he cannot make any complaint to the wife about the food or her cooking because it isn’t her duty anyway. She is just doing a favor.

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 d. He must pay attention to her just needs including intimacy. He must give her time.

Husband is not to stay away from his wife or keep his wife in a state of suspense, whether at home or abroad, for a protracted period of time except with her consent.

Allah said: “Turn not away (from your wife) altogether, so as to leave her hanging. If you come to a friendly understanding and practice self-restraint, then Allah is Oft-Forgiving, Merciful” (4:129).

Protracted separation (4-6 months or more according to various scholars) without prior or subsequent arrangement with the wife, whether the husband is away willingly or unwillingly (for example due to war, imprisonment, job or illness) is sufficient grounds for her to obtain divorce from the judge.

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 e. Right to file for Khula (divorce) in a court if one or more of the above mentioned rights are not being fulfilled

f. He must treat all wives equally

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 Husband’s Rights in Islam

  1. Obedience

Allah has made the man a qawwaam (protector and maintainer) of the woman by commanding, directing and taking care of her, just as guardians take care of their charges, by virtue of the physical and mental faculties that Allah has given only to men and the financial obligations that He has enjoined upon them.

  1. Not admitting anyone into the house whom the husband dislikes. One of the rights that the husband has over his wife is that she should not permit anyone whom he dislikes to enter his house.
  2. Not going out of the house except with the husband’s permission
  3. Make herself available to her husband (intimately).

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It was narrated that Abu Hurayrah (may Allah be pleased with him) said: “The Messenger of Allah (peace and blessings of Allaah be upon him) said: ‘When a man calls his wife to his bed and she refuses, and he went to sleep angry with her, the angels will curse her until morning.’” (Narrated by al-Bukhaari, 3065; Muslim, 1436)

It also means she should not be unnecessarily away for long periods away from her husband (i.e. to her parents, siblings or other relatives homes)

Common Rights of Husband and Wife

  1. They cannot order each other to do anything that is against religion. The Prophet (s) said: “No obedience is due to creatures in disobedience of the Creator” (la ta`ata li makhluqin fi ma`siyat al-khaliq).
  1. The first and worthiest condition of marriage to be fulfilled is to “keep the promise or promises they made to each other at the time they married ” This is an order of the Prophet [salla Allahu `alayhi wa alihi wa sallam, (s)] according to the hadith: “ahaqqu al-shuruti an tufu bihi ma astahlaltum bihi min al-furuj”
  1. They must exercise patience and be prepared to listen to advice in every situation. The Prophet (s) listened to the advice of his wives in matters ranging from the smallest to the greatest.
  1. They must not stop each other from fulfilling compulsory religious obligations like compulsory prayers & fasting, Zakat and Hajj. (She has to have a Mahram with her for performing Hajj). In fact they should encourage each other in this regard
  1. They must respect each other & never talk bad of each other to anyone. They must protect each other’s honor & dignity. They must not dwell on the dislikes but on the likes. They must keep their secrets to themselves.
  1. They both have the right to appoint or ask for appointment of arbitrator in case of severe dispute within the family. Both must exercise patience and forgiveness in the case of disagreement or dispute, and not rush to divorce or Khula. The declaration of divorce is a grave matter indeed, and the Prophet (s) said: “Of permitted matters the most loathsome before Allah is divorce”

Nushooz (Marital Discord) & their Solutions in Islam

– the shari’a.  This law did not fail to give us solutions to one of the most common everyday problems of human life:  problems between husband and wife.  Even if both the husband and wife are pious, practicing Muslims in a general sense, marriage presents additional tests which many do not pass as well as they should.

They may then begin failing to fulfill their obligations within the marriage and failing to treat one another as they should according to Islam.  When this happens, Allah’s shari’a has laid down certain processes that the spouses (and possibly others helping them) should go through to try to rectify the situation.  Unlike some ignorant “religions” concocted by men, Islam also recognizes that there may situations where resolution is not possible and termination of the marriage is preferable – through divorce or other means.

Definition of Nushooz

When one of the spouses is refractory, it is called nushooz on the part of that spouse, whether husband or wife.

An-nushooz can be on the part of the wife, the husband or both can claim it to be from the other.  Here are some of the definitions which the scholars have given to it:

“Each spouse transgresses and is hostile against the other.”

“It is a hatred by one of the spouses for the other or by each of them for the other.”

“Each one of the spouses differing from the other.”

An-Nushooz is each of the spouses having hatred for the other and treating each other in an improper manner.”

Looking at all of these definitions, one sees that they are very close in meaning and indicate that an-nushooz can come from either spouse due to disobedience, hatred, contrariness, difference, harshness, aggression, etc.

An-Nushooz on the Part of the Wife 

From different scholars, we see that nushooz on the part of the wife revolves around any of four characteristics:

  1. She does not beautify herself for her husband when he desires that from her.
  2. She disobeys her husband with respect to coming to his bed and she refuses to respond to his calls.
  3. She leaves the house without his permission or without any legal right to do so.
  4. He FEELS she is being disloyal
  5. She does not perform her obligatory religious duties, such as failure to perform obligatory prayers, fasting Ramadhan, covering her ‘awra, or any other obligatory act of Islam.

 The Remedy for Nushooz When it is From the Wife

{…And (as for) those (women) from whom you anticipate rebellion, admonish them, avoid them in the sleeping place and hit them.  If they obey you, do not desire and further way to (harm) them.  Surely, Allah is Knowing, Great.}  An-Nisaa:34

From the sunnah, it is narrated that the Prophet (sas) said:

“If you fear nushooz on their part, then advise them, boycott them in their beds and strike them in a way which is not injurious…” Musnad Ahmad

So, when a wife is in a state of nushooz, the husband can address it with the following three steps:

  1. Admonition and guidance.

The first thing a husband should do when his wife commits nushooz or the steps that lead to it is to attempt to warn her verbally, using Qur’an and Sunnah to remind her of her duties toward Allah and toward her husband.

Admonition is a cure that is gentle and mild.  Its goal is to replace estrangement and rebellion with love, compassion and togetherness in obedience to Allah Most High.  All of the scholars early and late have agreed that this admonition is only as long as it is in agreement with the Shari’a.  Otherwise, the husband has no such right according to the principle:

“There is no obedience to the created if it involves disobedience to the Creator.” (sahih hadith).

Here are some of the scholars’ definitions of this admonition (mau’idha):

“Advising and reminding one of the outcome of ones actions.”

“Reminding humans in a way that softens their hearts by reminding them of the rewards or punishments.”

“The husband makes her fear Allah Most High.  He reminds her of what Allah has obligated upon her concerning his rights and obedience.  She is to be told the results of her sin and disobedience and how she then forfeits her rights of maintenance and clothing. And she is to be told of how that permits him to strike her and boycott her.”

The Companions, the Followers and all who came after them to this day agree that this admonition is legally sanctioned when a wife commits nushooz.  No one has ever rejected that and it is a point of consensus.

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2. Boycotting

The Second Step:  Boycotting and Avoidance

Sometimes verbal admonition has no effect on ending her state of estrangement and disobedience.  In fact, it may increase her obstinance due to some emotion that has overtaken her, a defiant reaction or perhaps she has been deceived by position, wealth or beauty to consider herself better than her husband.  The husband may be partly to blame for this if he allowed his own emotions to interfere with admonishing his wife in the best way.  In any case, the next step in trying to end her recalcitrance is boycotting her and avoiding her “in the bed”.

Linguistically, this “boycotting” (al-hajr) is defined as “avoiding, cutting off and not having contact with the one who is being boycotted.”  Allah recommends this using the additional phrase: “in sleeping places” (fiy al-madhaaji’).  This could mean either avoiding her entirely and sleeping somewhere else or it could mean sleeping in the same bed but keeping away from her and not speaking, etc.

The Qur’an, the Sunnah, consensus of the scholars and sound reason indicate it permissibility and it being one of the means of disciplining the estranged wife when verbal admonition brings about no positive result.

As for boycotting her in the bed, this can continue for as long as he believes it may still lead to her stopping her acts of nushooz but in no case exceeding four months.  This is the strongest opinion among the statements of the scholars.  It is based on the  time limit which Allah placed on al-eelaa’ – where a man takes an oath to cut of relations with his wife.  In the jahiliya, there was no limit on this, so a spiteful man could leave his wife “hanging”, having no relations with him but not divorced for as long as he wished.  Allah limited this to four months, saying:
{And for those who cuts off relations with his wife is a waiting period of four months.  Then, if he returns, surely Allah is Hearing, Knowing.}  Al-Baqarah:226

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3. Striking her

The wife who does not mend her ways after four months of boycotting is not and will not mend her ways.  She is deserving of divorce and there is no need to continue this “suspended” situation any further.  This is because her continual estrangement and non-cooperation even though she knows full well that it will end in divorce shows clearly that she has no willingness to respond to the action which is taking place and return to a proper Islamic marriage.  At the very least, it can be said that she will not be able to live with that husband in a pleasant and proper manner.

 The Third Step:  Striking Her

In some cases the solution to the problem may require some harshness and toughness.  This is because there are some people who cannot be set straight when they go wrong by good behavior and soft advice alone.  Kindness and softness just makes such people more arrogant and ignorant.  Some of these people, if met with toughness, respond by cooling down and ending their defiance.  Generally speaking, it is not recommended for a husband to ever strike his wife and it is narrated that the Prophet (PBUH) said about those who do so that “they are not the best of you”.

However, in some cases resorting to harshness including striking may be a beneficial cure which in fact returns the partners back together in love and compassion.  In these cases, it can be a positive cure and a spiritual discipline.  It is not meant for revenge or punishment.  Whoever does it in such a manner is committing a sin and transgressing against his wife.  Instead, it is meant to restore what has become improper and bring the disruption to an end.  Although it is a bitter medicine, in many cases it may be less harmful to all involved than the destruction of the foundation of the family.

There is also a limit to which one can ‘strike’ the wife in such a situation.

The Prophet (p.b.u.h.) explained it “dharban ghayra mubarrih” which means “a light tap that leaves no mark”. He further said that face must be avoided. Some other scholars are of the view that it is no more than a light touch by siwak, or toothbrush.

In one Hadith he expressed his extreme repulsion from this behavior and said, “How does anyone of you beat his wife as he beats the stallion camel and then embrace (sleep with) her?” (Al-Bukhari, English Translation, vol. 8, Hadith 68, pp. 42-43)

“Do not beat the female servants of Allah”;

“Some (women) visited my family complaining about their husbands (beating them). These (husbands) are not the best of you.”

Any excess, cruelty, family violence, or abuse committed by any “Muslim” can never be traced, honestly, to any revelatory text (Quran or Hadith). Such excesses and violations are to be blamed on the person (s) himself, as it shows that they are paying lip service to Islamic teachings and injunctions and failing to follow the true Sunnah of the Prophet (p.b.u.h.).”

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So conditions for striking one’s wife

  1. Nushooz (Serious offense e.g. infedility) on part of Wife
  2. Fulfill first two steps: admonition & boycott
  3. No harsh strike; just a light stroke (never on the face)
  4. No repeated strikes or making it a routine habit 

Purpose:

Allah Almighty is advising/recommending on saving a marriage that is/maybe on the rocks mostly due to infidelity or other major offense on part of the wife. Instead OF A STRAIGHT DIVORCE, HE recommends 1. Admonition 2. Separation from bed 3. SYMBOLIC strike (perhaps as a warning that divorce may be the only option left after this) before matters go to a arbitrary committee or a divorce

Nushooz on the Part of the Husband

Islam has provided remedies for cases when nushooz is from the husband in ways consistent with both her feelings and sensitivities as a woman and their respective roles, rights and obligations as husband and wife. It means that he is not fulfilling her rights mentioned above. She can look for the reasons for his behavior and admonish him with Islam in an attempt to make things right between them.  However, Islam has not given her the right to address this problem by boycotting him or beating him as has been given to the husband.  This is because her nature is different from that of the man and because she does not have the same kind of power and authority in the marriage as he has.

She should use some or all of the following steps:

  1. Try to discover the reason for his estrangement and/or bad behavior.
  2. Admonish her husband and remind him of his responsibility in front of Allah towards his wife such as good behavior and kind treatment.
  3. Try to please her husband in order to make things right.  This can be just by showing kindness and concern and can also include compromising some of her own rights for the sake of harmony.

If it becomes clear to her that the signs of nushooz are confirmed and he is turning away from her out of dislike for her and wishing to be away from her, then there is no sin upon either of them if the “work out terms of peace”.  This means that she may give up some of her due rights in order to stay in the marriage.  For example, she may give up some of her rights to support, housing or equality of nights with other wives in order to remain under his protection and in the marriage.  Or, at the extreme, she may give up some or all of her dowry in exchange for his divorcing her.

‘Umar said:  “Whatever points they agree upon are permissible.”  Al-Baihaqiy

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Nushooz by Both Husband & Wife

The third case is where nushooz (mainly in the sense of ‘dislike’ and ‘turning away’) is committed by both the husband and wife.  This is mentioned in the following verse:

“And if you fear a separation between the two of them, appoint an arbitrator from his family and an arbitrator from her family.  If they desire reconciliation, Allah will bring them into agreement.  Verily Allah is Knowing, Knowledgeable. An-Nisaa:35

The Evidence

If the two spouses are not able to come to some kind of agreement between themselves and separation seems to be looming, it is permissible for those in authority, a ruler or judge to appoint two men as arbitrators to see how they can bring about reconciliation. This step is proven by the Qur’an, the Sunnah, consensus and sound reason.

In such as case there are 2-3 options:

  1. Arbitration by arbitrators
  2. Handling of case by judges/courts

The General Remedy: Appointing of Arbitrators

If matters are still not solved, then Islam has further solutions including appointing arbitrators. The principle is that such serious matter should be solved ‘within the house, within the family’ or by elders within the family or community before matters goes open (which maybe cause of embarrassment). The court may also appoint arbitrators if needed.

Arbitration” (At-tahkeem) means to judge or decide a matter.  Al-hakam (mentioned in the verse) is the one who has the right to make a ruling and decision for the two in dispute.  The meaning of appointing arbitrators in this case is:

 “The two disputing spouses appoint two men from their respective families to bring about accord between them and to settle their dispute.”

Their job is to listen to both sides individually and collectively and try to resolve the dispute, differences as best as they can. Their first aim should be to avoid a separation if it is possible. However they may advise a separation if they deem fit.

Qualifications of the Arbitrators

The two arbitrators must meet the following conditions:

Muslim, Adult, Males, Mentally competent, Free, Mature following right guidance

People of insight and understanding, Just and righteous

They must have knowledge concerning matters of reuniting and separating spouses in the Shari’a and what they have been commissioned for.

Trustworthy, Their intention must be solely to please Allah

Pious having fear of Allah

It is recommended that they be from the relatives of the spouses

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The Role of the Arbitrators (The Ruling Concerning Such Arbitration)

The scholars have agreed that two arbitrators should be appointed if dissension occurs between the two spouses and it is not clear which of the two (if either) is committing nushooz or if both of them are wherein the husband refuses to keep his wife in a proper manner or to set her free in a good way and/or the wife refuses to fulfill her rights that Allah has imposed upon her toward her husband.

The jurists also agree that one of the arbitrators should be from the husband’s family and the other from the wife’s family if possible.  If that is not possible, other people may be appointed, upon whom spouses agree on i.e. depending on what is in the best interest of those concerned.  ‘Other people’ as arbitrators may be appointed by the court if still no one from family or friends is available or agreed upon.

They also agree that when in agreement are to execute what they see as the best opinion in bringing accord between the spouses.  It means that if BOTH arbitrators agree & decide that the marriage should remain intact or it should be dissolved, their opinion is to be carried out.

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It is a must upon the two arbitrators that they spare no effort in trying to bring about reconciliation and harmony between the spouses. Failing that, they also have the authority to separate the spouses according to the strongest opinion among the scholars. In a case where there seems to be no hope of bringing the two back together in a harmonious marriage, then the only solution may be to free the spouses from one another by separation. Otherwise, the situation may just get worse and bring about even greater harm.

However, if they disagree, then their opinions are not to be executed.

It is also accepted by some scholars that the opinion of the arbitrators is binding, even if the two spouses did not appoint them as arbitrators. However some suggest that the arbitrators can give their final recommendations which may or may not be binding on the spouses. According to some scholars they have powers as that of a court magistrate

From the Sunnah, there is a report recorded by Ash-Shaafi’iy in his book Al-Umm from Ubaidah As-Salmaani who said:  “A man and woman came to Ali ibn Abi Talib and each of them had a group of people with them.  Ali ordered them to appoint a male arbitrator from his family and one from her family.  Then he said to the arbitrators: ‘Do you know what your responsibilities are?  If you find that you can bring them back together, then do so.  If you find that they should be separated, then do so.

One opinion states that the arbitrators are simply acting as agents for the spouses and they cannot go beyond what they have been commissioned to do without first getting such permission from those who assigned them. Their role is only to attempt to reconcile, not separate.

Another opinion is that the arbitrators have been appointed by the judge or ruler to solve the problem between the spouses. They are, therefore, like judges. The judges may decide according to whatever is in the best interest and if separation is the best solution, then so be it.

The strongest of these opinions is that the arbitrators are like judges and DO have the authority to separate between the spouses with or without their consent. Ibn Al-Qayyim said about this:

This arbitration may be done more than once if needed.

 The Final Step towards Reconciliation or Separation-Courts

 If the dispute is not resolved by the arbitrators and fighting, quarrelling still continues, then the case may be brought to the courts for a final decision, which most likely is to be decided as a separation.

 This may also include a complete psychiatric/psychological evaluation & if needed counseling & psychotherapy, to prevent a repeat of such incidence.

It is expected that a solution will have been derived long before this if the above mentioned steps laid down by the Holy Quran & Sunnah are correctly followed.

Emergency Situation

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Situations of extreme physical abuse/attempt to murder will obviously need police/judicial constraint. Arbitration again in this case is most important to assess the seriousness of the case & a solution that will end the turmoil. 

In any case option of filing for Khula (divorce from wife side) in court is always open.

Conclusion of The Islamic Law:

 Can there be any better way of solving family disputes than the one just described? Islam outlines rights of both the husband and the wife. Islam also provides a step by step approach to solving family disputes. One can clearly see that Islam is trying its very best to save the marriage & prevent dissolution of the marriage. The main problem in most societies is lack of knowledge of these rights & the steps to follow in case of any dispute.

 Women Protection Act 2015

 Now we look at the man-made law recently passed by the Punjab Assembly: (2016)

 Highlights of this law:

  1. System is inviting the police/administration as the first step (toll-free dial numbers)
  2. Complaint to court is also the first steps to be taken
  3. Court can keep the aggressor away, make him wear a bracelet that can be tracked,
  4. Court may issue monetary order, residence order preventing him from transferring house to some else besides the aggrieved etc
  5. Court may ask him to execute a bond or any other action court deems fit…

 Flaws in this Man-Made Law

  1. Arbitrators by passed; no room for reconciliation
  2. Steps before arbitration not mentioned; also bypassed
  3. Courts & police invited first
  4. Which person after being forcefully kept away, made to wear a bracelet, will want reconciliation (especially if one was exhibiting domestic violence)
  5. No privacy left of the husband and wife & their marriage
  6. Will the wife be more safe and secure after these actions? Divorce/separation will now be inevitable
  7. Law makes way for divorce. Divorce rate will increase. This is opposed to the law made by Allah
  8. This will necessitate opening of more common man-tax-run protection shelters for divorced women
  9. This law is not considering wife and husband has ‘ONE UNIT’ but as separate entities from the beginning
  10. Court cases as mostly happens in many countries including Pakistan, may involve selective justice or injustice through bribery, coercion or other means.
  11. Misuse of this law may be attempted or done by influential people of the society in a country where there are plenty of loopholes in a faulty judicial system
  12. Such laws have not helped in decreasing domestic violence or violence against women in western countries
  13. In a system where parents, siblings, friends, other loved ones etc as arbitrators are made helpless, how can the system work?
  14. The best advocate like Ms Amna Kabir of program  ‘Court 5’ always recommends out of court settlement first before going into court!

 Which is the Better Law?

 The reader may now decide which law is leading towards divorce and which law is leading more towards reconciliation. Which of the two laws described above:

  • Is simple? Anyone can easily follow it
  • Appeals to the mind? It make sense?
  • Appeals to the heart? You know deep inside that it is right?
  • Is harmonious? Work with each other, with nature and with science.

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And Allah knows best….

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