Palestine's Speech at the "Women and Shariah: Separating Fact from Fiction" Conference Clarification of the Status of Women in the Light of the Unique Islamic Social System (Translated)
بسم الله الرحمن الرحيم
Alhamdulillah Rab al-Alameen, peace and blessings upon His noble Messenger,
We are gathered in this beautiful conference, which is being held simultaneously across continents, to speak about women and Shariah, and distinguishing between fact and fiction. Due to the absence of arbitration using the Shariah of Allah, matters have become jumbled, and fact is no longer known from fiction!
Onlookers of the situation of women and her issues today find her a humiliated and dishonored woman, whose rights and willpower have been consumed. She does not know of her legitimate (Sharii') right except for a fraction of what it is... lost among people who do not know anything of Islam but its name and between the courts which apply provisions upon her that are not from Islam in any form. However if we look to the court's halls, we find women's issues aplenty and a variety of cases still waiting to be resolved, such as inheritance, divorce, custody, financial maintenance (Nafaqa) and other issues. With these often lasting years in courts. And if we were to search for the cause of this shortfall, we find that the flaw is in the basis used for the treatment... For neither conferences, nor women's organizations, meetings, demonstrations, or man-made laws have been able to treat these problems or produce the alleged change in the status of women today. This is because, as we have mentioned, they are based on a flawed foundation that is not founded on any intellectual basis, has no upright methodology to follow, and fails to make the ridha (satisfaction) of Allah a measure for actions as it should be, since Allah Almighty created the human being and He knows his needs and necessities. Thus, through the extrapolation of the Shariah rulings, which are derived from the Quran and Sunnah, and emanate from the Islamic Aqeedah and agree with human instincts and needs, we find the highest of attention is given to women. She is beloved since her childhood... for the Prophet (saw) forbade disliking her, as he (saw) said:
«لا تكرَهوا البنات فإنهن المؤنسات الغاليات»
"Do not hate girls, for they are the sources of delight and the valuable [ones]." And she is honored and revered when she is old; as a mother, wife, sister, aunt and grandmother; and in all stages of her life... This is in additional to males not being favored over her, unlike what we see today. Today the favoring of boys over girls is common as is the poor treatment of girls, which is not from the teachings of Islam and its rulings, which oblige fairness in treating her, and prohibited favoring man over her. Ibn Abbas narrated that the Messenger (saw) said,
«سووا بين أولادكم في العطية، فلو كنت مفضلاً أحداً لفضلت النساء»
"Equalize between your children in gifts, for if I was to favor anyone I would have favored the women".
And here we say, to those who allege the necessity of women going out to work, on the pretext of "economic empowerment" and financial independence and equality, we say to them that Islam relieved her from this hardship and distress, and made it obligatory on her guardian (Wali) to maintain her financially, and this is not as a favor or as a form of gratitude from him. Rather it is from the viewpoint of guardianship (qawameh) and care. Thus Islam did not limit guardianship with what it ordained on men, as only the obligation to provide for the family, but in all the requisites of taking care of life's affairs, at the same time the woman takes care of the house affairs; dignified and honored. Thus, each has their role, and if the two roles clash, the household becomes a conflicted area instead of being an oasis of comfort, security and tranquility...
Meanwhile it is permitted for her to work in various fields, while remaining committed to the rulings of her Lord. And it has allowed her to own money, land, and so on through any of the legitimate (Sharii') means of ownership, without it being obligated upon her to spend from her money, even on herself. However, what do we see these days my sisters? Do we see this depiction of women implemented and actually existing! No, by Allah it is not, as she is forced to go out to work and earn her living. And there are those who deprive her of returning to her work, so they seize her money and salary and deny her even the right to dispose of it. The Messenger of Allah (saw) said, «اللَّهُمَّ إِنِّي أُحَرِّجُ مَالَ الضَّعِيفَيْنِ: الْيَتِيمِ وَالْمَرْأَةِ» "I have issued a warning concerning the rights of two weak groups: orphans and women." (i.e. he has forbidden those from oppressing her).
My Honorable Sisters:
Islam is not a novelty or a philosophy to remain in books awaiting an explorer to read its pages, but was implemented for a period of 13 centuries; as an actual, practical and distinctive system that exalted women, and in which they rejoiced, while today the moans of women fill the Earth and space, but no one responds!!
Indeed ... women under it walked confidently in a cloak of honor, dignity and justice, such as the implementation of her receiving her rightful share of inheritance; for as we know the mother, wife, sister, daughter, and alike, each have a certain share as detailed in their respective positions. Her right is fixed and it is prohibited to deprive her of it out of selfishness or on the pretext of obsolete customs and traditions that are contrary to Shariah, such as the claim that males have more right over it since they are the ones who invested and increased the wealth. Or that if she inherits, the wealth will go to a foreign family, while her brothers are more deserving of it than the stranger since it is their father's wealth! And if it happened that she demanded her right or resorted to the courts to obtain it, she becomes an ungrateful rebellious woman in the eyes of her family and the society, as one who sold her men for money. So by Allah... by what right and by which law does this occur before the eyes and ears of the courts and the man-made laws that cannot restore this right to her? By what right is she deprived the right given to her by the Lord of the humans!
We come to another issue, in which we see and sense the extent of the injustice done to women in the absence of the laws of Islam; which is marriage, where we see a number of parents impose conditions on the one who wants to marry their daughters, far from those conditions urged by Islam such as his Deen (piety) and morals. Instead, they care about his wealth, prestige and status, unconcerned by the girl's opinion. Worse still is the one who prevents his daughter or sister from marriage due to greed and the wish to have control over her money and income, and Allah Almighty says: ((فلا تعضلوهن)) "Do not prevent them (to marry)" ]Al-Baqara: 232[. And others who deny the girl her rightful dowry and take it for themself instead of giving it to her as described by the Shariah.
We all know that marriage is an oasis of tranquility if both spouses apply the Shariah rulings. Rulings that conveyed to the husband numerous commandments that preserve the wife's dignity, in which the Prophet (peace and blessings be upon him) said,
«خيركم خيركم لأهله وأنا خيركم لأهلي»
"The best of you is he who is the best to his family and I am the best among you to my family". It also illustrated to the women that the righteous wife is from the group of Paradise, may Allah make us all of its people...
However, if marriage could not continue between the two parties and they were forced to resort to the most hated halal, then it is stated:
((فإمساك بمعروف أو تسريح بإحسان))
"Either keep [her] in an acceptable manner or release [her] with good treatment." [Al-Baqara: 229[. And so if they are to separate, each obtains his or her rights from the other party without iniquity. But in the absence of Islam being applied in life and under man-made laws and the unjust judiciary we see spectacles; we witness a woman compelled to demand divorce, but years pass and she is bewildered wandering between the courts; neither the husband divorcing her nor the court resolving her case, and she becomes, as it is said, like a house in limbo. And even if he eventually divorces her, it is only after she surrenders her full rights, including the right of custody of her children!! This, by Allah, is an injustice and a great injustice! Whereas, if the provisions of Islam are applied she would have her rights; honored and dignified, not humiliated and wounded!
Amongst the rules that Allah has ordained and that have been the focus of major attacks in order to discredit it, is the ruling on polygamy, which is included in the permissible (Mubah) actions. It is a treatment for various problems and a protection of the society from the prevalence of vice and immorality. However, the enduring distortion surrounding it and its rejection by the society has made it a scarecrow that worries many women. Whereas an American woman described it by saying, "Polygamy in a fourth day in the care of God is better than mistresses in the blackness of the night in the care of the devil".
As mentioned earlier, my sisters, it wholly appears that nothing in the Shariah texts hinders women's march to embrace the means for human dignity, or of pursuing the development of a beneficial life towards its finest prospects. We find that the Shariah has uniquely protected her by ring-fencing her provisions, has made her honored during all stages of her life, and did not make equality her obsession. This is because it is a system beyond the conflict of masculinity and feminine; a Divine system that protected the legitimate rights of women.
On the issue of women needing liberation through evidence and inference; you will not find liberation supported by evidence and inference except as stated in the Islamic law where it protected her dignity and well-being, taking into account her innate willingness and natural disposition...placing solutions and treatments for all her problems by referencing the Quran and the Sunnah. So remember the saying of the Prophet (peace and blessings be upon him) in the Farewell Pilgrimage:
«يا أيها الناس! تركت فيكم ما إن تمسكتم به لن تضلوا بعدي أبداً؛ كتاب الله وسنتي»
"O people! I have left among you that which if you hold fast to it, you shall never go astray, the Book of Allah and my Sunnah."
Honorable Sisters:
Muslim women have the right to boast and brag to the women of the world of the honour afforded her by Islam. So beware my sisters, not to exchange what is better for what is inferior. You are the women who raises men and creates heroes. You are the one who can have a political role, choosing the ruler and accounting him.
To complement our duty towards you, O sisters, we from this platform, from this distinguished conference... from Palestine: the Land of Israa' and Mi'raj, from Jerusalem, from the land of the father of the Prophets, from the outskirts of Akka compelling enemies, from the shores of Jaffa and Haifa, we proclaim to women all over the world, and say it aloud and proudly, Sister! Mother!... what will restore your right, what will restore your dignity, what will restore your integrity, and what will restore your true freedom, your security and your original role, which is your motherhood, what will restore all this - is the Khilafah "Caliphate"... What will lift the injustice from you - is the Khilafah "Caliphate"... By it you will return as you were; honored, respected and protected, armies will be mobilized to defend you, and the Khaleefah will rush to help you.
I give you good tidings my sisters; the second Khilafah "Caliphate" Rashidah on the method of the Prophethood, is at the doors, by the will of Allah. And it is the one that will apply the Shariah rules, through which we will achieve our rights and our pursued prosperity, Allah willing...
O women of the best nation raised from the people, the granddaughters of Asmaa, Al-Khansaa and Umm Ommara, we invite you to work with us. So that we can attain splendor in both realms... and return the legacy of the great female companions (Sahabiyat) who adhered to the order of Allah the Almighty, who worked to spread His Deen, and offered their most cherished and precious for the elevation of Islam...
Hasten to the arbitration of the Shariah of Allah, and the making of a better tomorrow for Muslim women and the entire Ummah, and we ask that it may be soon.
Wa Salaamu Alaikuna wa Rahmatullah wa Barakatahu