What is the philosophy behind the dower for women?

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In the Age of Ignorance, since the people did not attach any significance to the women, they would essentially place the dower of the women, which was their incontrovertible right, in the hands of their guardians and it was looked upon as the rightful property of the guardians. At times, they would even stipulate the dower of a woman to be the marriage of another woman; for example, a brother would give his sister in marriage to a person, who, in reciprocation, would marry his sister to him and this itself would be the dower of the two women.

Islam abrogated all these unjust customs and, allocating the dower as a categorical right of the women, has repeatedly counselled the men, in the verses of the Qur`an, to strictly and completely respect this right of the women.

In Islam, no fixed amount has been ascertained for the dower and it is reliant upon the understanding reached between the two spouses. However, in numerous traditions it has been greatly emphasized to refrain from stipulating a weighty dower, but this is a ruling which is recommended, not obligatory.

At this point the question which arises is that both man and woman benefit equally from the matrimonial alliance – an alliance that is based on mutual benefits. This being the case, what is the need for man to pay a sum, large or small, as dower to the woman? Also, does this issue not deal a blow to the personality of the woman and impart an appearance of trade and transaction to marriage?

It is in the light of the above points that some individuals vehemently oppose the issue of dower, especially West-stricken ones, who derive their inspiration from the fact that dower is a custom, unconventional in the West. Whereas (the reality is that) not only does the excision of the dower not elevate the personality of a woman, rather, it serves to jeopardize her position.

Explanation

Admittedly, both man and woman derive equal benefits out of a matrimonial alliance. Nevertheless there is no denying the fact that in the event of a divorce, the woman has to sustain a greater loss, since:

Firstly: Man, due to his special physical ability, generally possesses a greater control and yields greater influence in the society. However much people may seek to deny this outright reality in the course of their discussions, the state of human social life which we observe with our own eyes – even in the European societies, wherein women enjoy the so-called total freedom – reveals that high earning jobs are principally held by men.

In addition, men possess greater options when embarking upon another spouse-selection, but this is not so in the case of widows – especially after witnessing some aging and being deprived of their assets of youth and beauty – since the options that lie before them, in selecting a new spouse, are greatly diminished.

Considering these aspects, it becomes evident that the conveniences and resources which a woman loses after marriage is much more than what a man loses and so, in actuality, the dower is something which serves to indemnify a woman’s losses and a means for securing her future. Apart from this, the dower is also looked upon as a deterrent for man to seek separation and divorce.

Admittedly, the dower, according to the laws of Islam, becomes obligatory upon the husband as soon as the matrimonial alliance is entered into, and the wife is entitled to claim it from him immediately, but since it generally remains as an obligation upon the man, not only is it regarded as savings for her future but also a backing, which safeguards her rights and prevents the disintegration of her marriage alliance (of course exceptions do exist, but what we have stated holds true for the majority of the cases).

If there are people who have wrongly interpreted the dower as being a kind of ‘price-tag’ for the women, this meaning has no connection with Islam, for Islam has never looked upon the dower as a ‘cost’ or a ‘price’ of a commodity. The most excellent proof for this is the formula of marriage in which the ‘man’ and the ‘woman’ are officially looked upon as two fundamental parties of the marriage alliance whereas the dower is regarded as a surplus issue and is placed on the side-lines.

It is for this reason that if, in the formula of marriage, the dower is not mentioned, the formula does not become void whereas if, in a transaction, the amount is not stipulated, it would definitely become null and void (of course, it should be noted that if the dower has not been stated in the formula of marriage, the husband, after the consummation of marriage, is obliged to pay the wife mahr al-mithl (suitable dower), i.e. the dower, which is usually paid to women of similar and equal stature.)

From the above we conclude that the dower is a kind of ‘compensation of loss’ and ‘backing to safeguard the rights of a woman’ and not a ‘rate’ or a ‘price-tag’; probably, the use of the word nihlah – meaning largesse – in verse 4 of Suratul Nisa is an allusion to this very fact.

why does a woman inherit less than a man in Islam?

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Although it appears that the inheritance of men is twice that of women, a closer look reveals that from one viewpoint, the inheritance of women is twice that of men! This is due to Islam’s support for the rights of women.

Explanation

Islam has placed certain responsibilities upon men, as a result of which, virtually one half of their earnings is spent upon women whereas no such responsibilities have been placed upon women.

The male has to bear the expenses for all of his wife’s needs such as housing, clothing, food and other necessities; apart from this, the expenses of his minor children are also to be provided by him, whereas the wife is exempt from every kind of payment, even if it is for her own self. Thus, a woman can stockpile her entire share of inheritance, whereas a man is bound to spend his share upon himself, his wife and children. Consequently, half of his earnings are effectively spent upon his wife and the other half is for him, whereas the entire share of the wife remains unused and intact.

For a better understanding, consider the following example: Suppose that the entire wealth existing globally is 30 billion tumans,13 which will be gradually distributed as inheritance amongst men and women (sons and daughters). When we compute the earnings of all men and women of the world by way of inheritance, we find that of this amount, the share of the men is 20 billion tumans while that of the women is 10 billion.

However, as is customary, the women will marry, after which the responsibility of providing for their expenses will fall upon the shoulders of men and so, the women can conveniently put their 10 billion tumans aside while, at the same time, be a partner to the men in their share of 20 billion, since this amount would be utilized by the men to provide for the expenses of their wives and their children.

Thus, in reality, half of the share of the men – totalling 10 billion tumans – would be spent on the women. This, in addition to the 10 billion tumans, which the women had placed aside, would collectively amount to 20 billion tumans – two-thirds of the (supposed) global wealth – whereas the men, effectively, do not use up more than 10 billion tumans for themselves.

In conclusion, the actual share of women, with respect to ‘consumption and use’, is twice the actual share of men, and this distinction is influenced by the fact that, generally, their ability and strength for generating earnings is less than that of men. This is a kind of just and logical support, which Islam has offered to the women, allotting a greater actual share for them although, ostensibly, their share appears to be one half (that of the males).

Incidentally, upon referring the Islamic sources we come to infer that the above query had plagued the minds of the people from the very onset of Islam.

Time and again they would question the Imams in this regard and their answers predominantly pointed to one meaning, which is: Allah has placed upon the males the onus of bearing the wife’s expenses and paying them the dower, and so, He has allotted them a greater share (from the inheritance).

In the book Ma’aniul Akhbar it has been reported that Imam ‘Ali b. Musa al-Ridha (a.s) in reply to this query, said: “The share of the females, in the inheritance, is half that of the males because when a female enters into marriage she receives something, while the male is obliged to give something. In addition, it is the responsibility of the males to shoulder the expenses of the females whereas the females are neither responsible for their own expenses nor that of the males.”

What is the Philosophy of Hijab?

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Undoubtedly, in this age of ours – which some have named as the ‘age of nudity and sexual freedom’ and in which, West-stricken individuals regard wantonness of women as being part of this freedom – the mention of Hijab is very disconcerting for this group of people and at times is even looked upon as a myth associated with the ancient times!

However, the innumerable evils and the ever-increasing problems arising out of this unconditioned freedom have gradually resulted in the concept of Hijab being viewed with a greater interest.

Of course, in the Islamic and religious environments – especially in Iran after the revolution – a great number of issues have been clarified and satisfactory answers to most of these questions have been provided. Nevertheless, the significance of the topic demands this issue to be discussed more comprehensively.

The issue under discussion is: Should women (with due apologies) be placed at the disposal of all men for the purpose of being exploited by them by way of sight, hearing and touch (excepting sexual intercourse), or should these benefits be the sole prerogative of their respective husbands?

The point of debate is about whether women should continue to remain entangled in a never-ending competition in flaunting their bodies and stirring up the physical and carnal desires of men, or whether these issues should be uprooted from the social environment and restricted to the familial and matrimonial milieu. Islam advocates the latter plan and Hijab can be looked upon as a part of this agenda, whereas the Westerners support the former plan!

Islam avers that all such physical pleasures – sexual intercourse as well as those derived by means of sight, hearing and touch – are specific to the husbands, and anything beyond this is a sin which leads to pollution and impurity within the society.

The philosophy behind Hijab is indeed evident since:

1. Nudity of women, which is quite naturally accompanied by adornment and coquettishness puts men, especially the youths, in a state of perpetual stimulation – a stimulation which affects their nerves, generates within them pathological nervous excitement and at times even brings about psychological disorders. There is a limit to the burden of excitement which the human nerves can endure. Don’t all the psychologists caution that perpetual excitement leads to disorders and diseases?

This is especially in view of the fact that the sexual impulse is the strongest and the most profound of all impulses within man and, all through the ages, has been the cause of destructive events and horrendous offences, to the extent that people have gone on to say: You shall not come across any important event (in history), except that a woman has played a part in it!

Is the continuous provocation of this impulse by means of nudity, and intensifying it, not tantamount to playing with fire? Is this act wise and prudent?

Islam desires that Muslim men and women should possess a soul that is calm, nerves that are composed, and eyes and ears that are pure, and this is one of the philosophies of Hijab.

2. Substantiated and conclusive statistics reveal that with the rise in nudity, the world has correspondingly witnessed a continuous rise in divorces and matrimonial separations. This is because “whatever the eyes see, the heart covets”; and whatever the heart (which here means the errant and wild desires) covets, it seeks to obtain it at any cost. Therefore, every new day the heart gets attracted to one and bids farewell to another.

In an environment where Hijab is prevalent (together with adherence to the other Islamic conditions), the husband and wife belong to each other and their sentiments, love and feelings are exclusively for one another.

But in the ‘free market of nudity’ wherein women have been practically transformed into a commodity of mutual use – (at least in issues other than sexual intercourse) – the sanctity of a matrimonial alliance becomes meaningless, and families, similar to a spider’s web, swiftly break apart and the children are left without guardians.

3. The increase in indecency and obscenity, and the escalation in the number of illegitimate children are the most painful consequences of non-observance of Hijab – a fact which, in our opinion, does not require any figures and statistics; and the reasons for this, especially in the Western society, are so very apparent so as to eliminate the need for any mention.

We do not say that non-observance of Hijab is the sole and fundamental cause of obscenities and illegitimate children, nor do we say that colonialism and destructive political issues have not had any contribution to it; rather, what we wish to state is that the issue of nudity and non-observance of Hijab is as one of the instrumental and effective factors for those evils.

In view of the fact that ‘indecency’, and worse than this, ‘illegitimate children’ were and are amongst the sources of various crimes in human societies, the dangerous dimension of this issue becomes all the more clear.

We perceive the gravity of the matter when we hear that, according to statistics,11 in the United Kingdom five hundred thousand illegitimate children are born every year and then when we hear that a group of British intellectuals has issued a warning to those in the echelons of power with respect to this ongoing trend. The warning is not motivated out of ethical or religious concerns but rather out of concern for the dangers these illegitimate children pose to the safety of the society, to the extent that their involvement is observed in numerous criminal dossiers.

We (also) come to realize that even those who possess scant respect for religion or ethical issues consider the issue of the spread of indecency to be catastrophic. Thus, everything that serves to increase the sphere of physical immorality in human societies is a threat for their security, and the consequences – in whatever manner we may compute them – shall always be to their detriment.

Studies by educated scholars reveal that reduction of work, backwardness and lack of responsibility are most noticeably perceived in schools, which are co-educational in nature and in centres where males and females work together in an ambience of licentiousness and complete freedom.

4. The issue of ‘obscenity of women’ and ‘humiliation of their personalities’ also holds great importance and requires no statistics to prove it. When a society desires a woman with a bare body, it is quite obvious that day by day, it would demand increased beautification and augmented ostentation from her. In a society wherein a woman, due to her physical attraction, is utilized for promotion and publicity of products, as a decoration for the reception rooms, or as a tool for attracting tourists, her personality is reduced to that of a doll or a trivial and insignificant item, and her lofty human values are totally thrust into oblivion; ultimately, her only distinction and glory lies in her youth, beauty and self-exhibition.

Thus, she is transformed into a device for satisfying the carnal desires of a handful of individuals, who are polluted, deceptive and possess satanic attributes!

In such a society, how is it possible for a woman to manifest herself in the light of her knowledge, awareness, sagacity and moral traits, and to occupy a lofty rank and status?

It is indeed painful that in the Western and West-stricken countries, and in our country (too) before the Islamic Revolution, the maximum prominence, fame, repute, money, income and standing had been for the polluted and promiscuous women, who had come to acquire renown as ‘artists and performers’. Wherever they went, the management of this polluted environment would scramble after them to welcome their presence!

Praise be to Allah that the entire apparatus was annihilated and the female sex emerged from her previous triteness or her erstwhile standing as a cultural doll and an insignificant item, and salvaged her personality. She took for herself the veil without being secluded and isolated, presenting herself in every expedient and constructive arena of the society – even the battlefield – with the same veil and Hijab.

Criticisms Levelled by the Opponents of Hijab

At this point we come to the objections which are levelled by those opposing the veil and which need to be discussed, albeit concisely:

1. The most important thing which all of them support in unanimity and which they propound as the fundamental objection with respect to the issue of Hijab is that women constitute one half of the society but the Hijab pushes this multitude into seclusion thereby causing them to lag behind culturally and intellectually. Especially during the period of economic thriving, when there is a greater need for active human participation, this large female force would remain totally unutilized in the path of economic progress, not to speak of their lack of presence in social and cultural centres. Thus, they are transformed into a mere consumer that is a burden for the society.

But those who have resorted to this logic have either been totally oblivious of certain points, or have probably feigned lack of knowledge about them:

Firstly: Who says that the Islamic Hijab isolates a woman and distances her from the social arena? If, in the past, it had been necessary for us to exhaust ourselves in order to present proofs and arguments in defence of this issue, now, after the Islamic Revolution, there does not exist the slightest need for them, for with our own eyes we observe groups of women, in the Islamic Hijab, presenting themselves in all places – in offices, workstations, political rallies and demonstrations, on the radio and television, in cultural and educational institutes, in hospitals and medical centres, especially for nursing those injured in war, and even in the battlefield against the enemies.
In short, the present state (of the Islamic society) is a fitting riposte to all these objections; if previously we spoke of the ‘possibility’ of such a state, today we find ourselves facing the ‘occurrence’ of it and philosophers have stated that the best proof for the ‘possibility (of occurrence)’ of a thing is the (actual) ‘occurrence’ of that thing, and this is something, which is too evident and manifest to require any explanation.

Secondly: Is managing the house, training and educating the youthful children and transforming them into individuals not a task? After all, through their strength and ability, the youths are able to set the gigantic wheels of the society into motion.

People who do not view this great mission of women positively are ill-informed of the role played by family and training in constructing a healthy, prosperous and dynamic society. They imagine that the (correct) manner is that our men and women, like those of the West should, at the first sign of daybreak, leave their houses for their places of work, either leaving their children in nurseries or locking them up in a room thereby making them taste the bitterness of imprisonment at a time when they are blooming buds.

They are totally oblivious of the fact that this approach not only shatters their personalities but also moulds them into soulless children, who are found to be lacking in human sentiments and affections, and who will eventually jeopardize the future of society.

Secondly: Another of their objections is that the Hijab is a cumbersome dress, which is not well suited for social activities, especially in the modern automobile age. What should a veiled woman look after – herself, her chador, her children or her work?

But these critics do not realise the fact that the Hijab does not always mean a chador, but rather it refers to a woman’s covering. If the Hijab is possible by means of the chador, so much the better, but if not, then a covering is quite sufficient.

The womenfolk of our country, who engage in farming and live in villages – especially those who work in the rice-fields and perform the most important and difficult work of cultivating and harvesting the crop, have answered this objection, practically. They have shown that in numerous places a village-woman, while observing the Islamic Hijab, can work more than a man and better too – without the Hijab hampering or obstructing her work in the slightest.

Thirdly: Another objection which they level is that since Hijab establishes separation between men and women, it amplifies the greedy nature of man and instead of extinguishing it, only serves to inflame his covetousness, since:

أِلإِِنْسَانُ حَرِيصٌ عَلىَ ماَ مُنِعَ.

“People covet that which is forbidden for them.”

A comparison of our present society in which the Hijab is prevalent in all places – without exception – with the one that prevailed during the period of the satanic regime, which used to force the women to take off their Hijab will provide the answer to this objection, or more correctly, this sophism and fallacy.

Those days, every alley and neighbourhood was a centre of wickedness and depravity, and an ambience of incredible immorality prevailed within the households. Divorces were rampant, the number of illegitimate children was staggering and there were a thousand other curses.

We do not claim that all of these have been eradicated, but they have undoubtedly been greatly reduced and our society, in this regard, has regained its well-being. And if, Allah Willing, the state of affairs continues its course and all the other tangles come to order, our society, with respect to pureness of the households, and preservation of the merit and worth of women, shall come to achieve a desired and ideal state.

What Rights does Islam offer to Women?

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With the onset of Islam and its special teachings, the life of women entered into a new phase – a phase which differed vastly from the previous one and became one in which women availed of all kinds of individual, social and human rights. The basis of Islamic teachings with respect to women is exactly what we read in the Noble Qur`an:

وَ لَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ

“…and they have rights similar to those against them in a just manner…”

i.e. the women possess rights and privileges in the same measure as the responsibilities which they shoulder within the society.

Islam considers a woman, just like a man, to possess a human soul, will and choice, and perceives her to be on the path of spiritual perfection, which is actually the purpose of human creation. It is for this reason that it has placed man and woman alongside each other, addressed them together:

ياَ أَيُّهَا النَّاسُ

and:

ياَ أَيُّهَا الَّذِينَ آمَنُوا

and imposed moral, educative and scientific curriculum upon both of them.

By means of verses such as:

وَ مَنْ عَمِلَ صَالِحاً مِنْ ذَكَرٍ أَوْ أُنْـثى‏ وَ هُوَ مُؤْمِنٌ فَأُولٌئِكَ يَدْخُلُونَ الْجَنَّةَ

“…and whoever does good, whether male or female, and he is a believer, these shall enter the garden.”

Islam has promised the benefits of complete prosperity to both the sexes.
By verses such as:

مَنْ عَمِلَ صالِحاً مِنْ ذَكَرٍ أَوْ أُنْـثى‏ وَ هُوَ مُؤْمِنٌ فَلَنُحْيِيَنَّهُ حَيَاةً طَيِّبَةً وَ لَنَجْزِيَنَّهُمْ أَجْرَهُمْ بِأَحْسَنِ مَا كَانُوا يَعْمَلُونَ

“Whoever does good whether male or female and he is a believer, We will most certainly make him live a happy life, and We will most certainly give them their reward for the best of what they did.”2

it has elucidated that every man and woman, by adhering to and implementing the Islamic curriculum, can achieve material and spiritual perfection, and possess a pure, good life that is replete with ease and comfort.

Islam considers a woman, like man, to be completely free and independent, and the Noble Qur`an, by way of verses like:

كُلُّ نَفْسٍ بِمَا كَسَبَتْ رَهِينَةٌ

“Every soul is held in pledge for what it earns.”3

Or

مَنْ عَمِلَ صَالِحاً فَلِنَفْسِهِ وَ مَنْ أَسَاءَ فَعَلَيْهَا

“Whoever does good, it is for his own soul, and whoever does evil, it is against himself.”4

It declares this freedom to be for all people – men and women.

We observe that the Islamic penal code sentences both genders with the same kind of retribution, as can be seen in the following verse and other similar verses:

الزَّانِيَةُ وَ الزَّانِي فَاجْلِدُوا كُلَّ واحِدٍ مِنْهُمَا مِائَةَ جَلْدَةٍ

“The woman and the man guilty of adultery or fornication – flog each of them with a hundred whippings.”5

On the other hand, since independence is an inevitable consequence of (free) will and choice, Islam has also extended this independence to all monetary privileges, permitting women to enter into various kinds of monetary transactions and regarding her as the rightful owner of her income and investment. In Suratul Nisa we read:

لِلرِّجَالِ نَصِيبٌ مِمَّا اكْتَسَبُوا وَ لِلنِّسَاءِ نَصِيبٌ مِمَّا اكْتَسَبْنَ

“Men shall have the benefit of what they earn and women shall have the benefit of what they earn.”6

In view of the fact that the word اکتساب (used in the verse) – unlike the word کسب – is used to denote acquisition of wealth, the use of this word conveys the meaning that the wealth which is acquired becomes associated with the person acquiring it7, and also taking into consideration the general rule:

أَلنَّاسُ مُسَلِّطُونَ عَلى أَمْوَالِهِمْ.‏

“All the people have authority over their own wealth”,

we can easily infer that Islam holds the fiscal independence of women in great esteem and does not differentiate between a man and a woman in this regard.

In short, Islam regards a woman as a fundamental element of the society and thus, she should not be treated as an entity that is lacking in will, and dependant upon or in need of a guardian.

One Should not Err With Respect to the Meaning Of ‘Equality’

The only thing that needs be taken into consideration – to which Islam has paid special attention but which some individuals reject out of excessive and imprudent sentimentality – is the issue of physical and psychological difference between man and woman, and the difference in their responsibilities.

We just cannot refute the reality that there exist vast physical and psychological differences between the two sexes, and since these are mentioned in various books it is not necessary that we repeat them here. However, a summary of all of them is as follows:

A woman is the base for man’s existence since the development of the children take place within her arms; hence just as she has been created physically to handle the tasks of bearing, developing and educating the coming generations, psychologically too she is in possession of a greater share of feelings and sentiments.

With the existence of these vast differences, can it be said that men and women must be in step with each other in all matters and should be absolutely equal in all affairs and issues?

Should we not champion the cause of justice in the society? But is justice other than that every person should adhere to his own responsibility and enjoy the benefits of the existential distinctions present within him?

Thus, is it not contrary to justice to involve and engage a woman in tasks that do not match and harmonize with her physical and psychological setup?

Here we observe that Islam, even as it voices support for justice and equality, grants precedence to man in some of the social tasks which demand asperity or meticulousness – such as guardianship of the house – and has allowed the woman to function as an assistant.

Both a ‘house’ and a ‘society’ are in need of an administrator, and the reins of administration should eventually end up in the hands of one person or else it would result in contest, chaos and confusion.

Under these circumstances, who is better suited for the task – a man or a woman? Impartial and unbiased computations reveal that the structural state of man demands that the administration and management of the family should be placed upon the man while the woman should act as his assistant.

Even though there are some who insist on ignoring these realities, the state of life prevalent in the present-day world and even within communities that have granted women complete freedom and equality, reveal that in practice the issue is exactly as has been stated above, although in speech the issue may be made to appear differently.8

The Spiritual Worth of Man and Woman

The Noble Qur`an perceives man and woman – with regards to their presence before Allah and with respect to achieving spiritual ranks under similar conditions – to be equal. It refuses to consider the dissimilarity in their sexes and the difference in the structure of their bodies, (which consequently manifest in the variation in their social responsibilities), as being indicative of a difference in them with regards to the achievement of human perfection; rather, in this regard, it considers them to be on par with one another and hence mentions them together.

Numerous verses of the Noble Qur`an were revealed at a time when a great number of the communities of the world had been reluctant to recognize the female species as a human being, regarding her as an accursed entity and a source of sin, deviation and death!

Many of the ancient communities even held the belief that a woman’s worship was not acceptable in the eyes of Allah. Many of the Greeks considered a woman to be a defiled entity and an evil handiwork of Satan. The Romans and some of the Greeks believed that basically females did not possess a human soul and as such, the human soul was specifically confined to the males!

Interestingly, till recently, Christian scholars in Spain engaged themselves in discussing whether women, like men, possessed human souls or not, and whether or not their souls would continue to live eternally after their deaths. After their discussions they eventually concluded that since a woman’s soul is an isthmus between an animal and a human soul, it cannot be eternal, save for the soul of Maryam J.

Here it becomes apparent how far from reality the allegation is, which some ignorant individuals level against Islam that it is a religion of males and not females. Generally speaking, if, due to physical and sentimental differences which exist within males and females, some differences in respect of social responsibilities are observed in the Islamic Laws, it does not by any means, diminish the spiritual worth of a woman. There exists no difference between a man and a woman in this regard; the doors of success and prosperity lay equally open for both of them, just as we read in the Qur`an:

بَعْضُکُمْ مِنْ بَعْضٍ

“All are from one species and one society.”