The Woman as Daughter
In pre-Islamic times, the Arabs used to be disheartened and annoyed with
the birth of girls, so that a father, when informed his wife had given
birth to a girl, said, "By Allah she is not as blissful as a son; her defence
is crying and her care is but stealing!" He meant she could not defend
her father and her family except by screaming and crying, not by fighting
and carrying arms. She also cannot be good to them and care for them except
by taking from her husband's money to give to her family. Their traditions
allowed the father to bury his daughter alive for actual poverty, or for
expected poverty, or out of fear of a disgrace she might bring upon them
when she grew up. In that context, the Qur'an says, denouncing and derogating
them: "And when the female (infant)
buried
alive (as the pagan Arabs used to do)
shall be questioned. For what sin was she killed? [Surah 81:8-9]
The Qur'an also describes the condition of fathers when daughters are born:
"And
when the news of (the birth of)
a female (child)
is
brought to any of them, his face becomes dark, and he is filled with inward
grief ! He hides himself from the people because of the evil of that whereof
he has been informed. Shall he keep her with dishonour or bury her in the
earth? Certainly, evil is their decision". [
Surah 16:58-59]
Some ancient laws gave the father the right to sell his daughter if he
wished, while others allowed him to hand her to another man who would either
kill her or own her if the father killed the other man's daughter.
When Islam was revealed, it decreed a daughter-like a son-was a gift from
Allah, to be granted to whomever Allah wishes of His worshippers:
"He
bestows female (offspring)
upon
whom He will, and bestows male (offspring)
upon
whom He will Or He bestows both male and females, and He renders barren
whom He wills. Verily, He is the All-Knower and is Able to do all things. [
Surah 42 : 49 - 50]
The Qur'an has illustrated in its parables how some of the daughters could
be more remarkable in their influence and more immortal in memories than
many male offspring. We have a good example in the story of Mary, daughter
of `Imran, who was chosen by Allah from all other women and purified. Her
mother who bore her had wished the child to be a male to serve Allah and
to be of the righteous: "(Remember)
when the wife of `Imran said: "O My Lord! I have vowed to You what (the
child that) is in my womb to be dedicated
for Your services (from all worldly work;
to serve Your Place of worship), so accept
this, from me. Verily, You are the All-Hearer, the All-Knowing." Then when
she delivered her (child Mary),
she said: "O My Lord! I have delivered a female child, "-And Allah knew
better what she delivered,- "And the male is not like the female, and I
have named her Mary, and I seek refuge with You (Allah)
for
her and for her offspring from Satan, the outcast." So her Lord (Allah)
accepted her with a goodly acceptance. He made her grow in a good manner. [
Surah 3:35 - 37]
The Qur'an led an uncompromising campaign
against those cruel people who kill children-whether male or female. Allah
says in the Qur'an: " Indeed lost are those
who have killed their children from folly, without knowledge". [Surah
6:140] And He says: " And kill not your children
from fear of poverty. We provide for them and for you. Surely, the killing
of them is a great sin. [Surah 17:31]
The Prophet (blessings and peace be upon him) of Islam made Paradise the
recompense of every father who conducts himself well with his daughters,
has patience in raising them, provides their moral education, and observes
Allah's commands concerning them until they come of age or until his .
The Prophet (blessings and peace be upon him) made the place of the father
in Paradise next to him. Muslim has transmitted on the authority of Anas:
"the
Prophet (blessings and peace be upon him) said, `Whoever sustained and
protected two slave-girls until they came of age, on the Day of Judgement,
he and I will be and then he put his two fingers together." It was
phrased by Al-Termithy in the following manner:
"Whoever
sustained and protected two slave-girls, he and I will enter Paradise like
these and lie joined his forefinger to the next finger."
Ibn `Abbas transmitted that the Prophet (blessings and peace be upon him)
said, "A Muslim who has two daughters whom he treats
well when they accompany him or when he accompanies them is admitted to
Paradise". [
Transmitted by Bukhari in Al Adab Al Mufrad (77); Ibn Abu Sheiba, 8/551;
Ahmad which is corrected by Sheikh Shaker (2104); Ibn Majah (3670); and
others.]
Some prophetic traditions stated that such a recompense-i.e. admittance
to Paradise-is also granted to the brother who sustains and protects his
sisters (two or more). Other traditions stated that these heavenly rewards
are granted to anyone who treats the female sex well, even if she is one.
On the authority of Abu Huraira: "The Prophet (blessings
and peace be upon him) said, `Whoever had three daughters and showed patience
in their keeping, their pleasure and displeasure, Allah admits him to Paradise
for his mercy over them. A man asked, `And what about two daughters, O
Messenger
of Allah? He said, `And two daughters as well." Another asked, `O Messenger
of Allah, what about one daughter?" He said, `And one daughter as well". [
Transmitted and its authority amended by Al-Hakim, agreed upon by Al-Zahaby,
4/176] Ibn `Abbas recounted, "Whoever had a female who
was not buried nor insulted by him, and had not preferred his male children
to her, Allah admits him to Paradise. [
Transmitted by Abu Dawud, 5/5146; and Al-Hakim who corrected it 4/177,
approved by Al-Dhahaby.]
In `isha's narration which is transmitted by the two sheikhs, the Prophet
(greetings and peace be upon him) said, "Whoever
suffers any mishap due to keeping his girls, but still treats them well,
they will be protection for him from the Fire of Hell. [
The Pearl and the Coral (Al-Lu'lu' wal-Marjan), as approved by the two
Sheikhs (1688)]
With these open and authentic texts, with the enhanced and repeated good
news, the birth of girls is no longer a fearful burden nor is it a bad
omen. On the contrary, it is a blessing to be thanked for and a mercy to
be desired and requested because it is a blessing of the Almighty and a
reward to be gained.
In that way Islam nullified forever the custom of burying girls who now
have a great place in the heart of the father.This is shown in what the
Prophet (greetings and peace be upon him) says about his daughter Fatima,
"Fatima
is part of me; what makes her angry, makes me angry". [
Transmitted by Al-Bukhari on the authority of Al-Masur ibn Makrama, The
Concise Comprehensive Book of Sound Hadith (Sahih al-Jame' as-Sagheer)
and its supplement (4188).]
And, "Fatima is part of me, what makes me sad, makes
her sad, and what pleases me, pleases her". [
Transmitted by Ahmad, Al-Tabrany and Al-Hakim on the authority of Al-Masur
as well. Ibid. (4189). See Ahmad 4/323,332; Al Tabrany 20/25; Al-Hakim
3/158 who amended its authority which was approved by Al-Zahaby.] And
"`surely my daughter is part of me; I fear what frightens her, and I am
harmed by what harms her". [
Transmitted by all the six. See The Concise Book of Traditions (Mukhtassar As-Sunna)by
Al-Munzery, Hadith (1987).]
We feel the effect of this in Islamic literature, as a poet says in the
following lines:
But for the soft girls in
cats" downy fur,
Who have taken their smoothness,
I would have been in great, great
trouble
On this vast earth and wide.
Surely when our children are
among us,
They are the apples of our eyes
surveying the earth;
If the wind blows on any of them,
My eyes will never close.
As to the father's control over his daughter, it does not exceed the limits
of moral education, exactly as her brothers. He asks her to pray when she
is seven, but raps her if she does not pray when she reaches ten. He has
to separate her and her brothers at that age [
They should not sleep together in the same bed or bathe together as little
children do.] and
obliges her to follow the Islamic code of conduct in dressing, adornment,
going out and talking. Her upkeep is obligatory on him according to his
religion and law until she marries. He does not have the power to sell
her or make her the property of another man by any means. Islam has annulled
the selling of free persons, whether male or female, in any form. If a
freeman bought or owned a daughter who had been a slave for another, she
should be freed as soon as he owned her, whether he likes it or not, according
to Islamic Law.
If the daughter has her own money, the father should keep it for her. A
father is forbidden to marry his daughter to another man in exchange for
being allowed to marry that man's daughter, which is called in jurisprudence
as a "vacant marriage" due to its lack of dower, which is the right of
the daughter, not the father.
In addition, the father has not got the right to marry his daughter to
a man she hates and does not approve of. He must have her opinion of the
man she is going to marry, whether she agrees or disagrees. If she has
been married before, she has to utter her consent clearly. If she is a
virgin and overcome by shyness, it is enough to listen to her silence,
which is a sign of consent. If she says, "No," then he has no power to
force her to marry someone she does not want.
The two sheikhs have transmitted on the authority of Abu Huraira, "A widow
cannot marry unless she gives her consent, nor the virgin until she is
asked permission. They asked, O Messenger of Allah, how can she give her
permission? He said, By her silence". [Agreed upon The Pearl and
the Coral (Al-Lu'lu' wal-Marjan) (895)] They also transmitted on the authority of ` isha who said,
"I asked the Messenger of Allah, `Are women asked their affairs?" He said,
`Yes." I said, `The virgin when she is asked feels shy and remains silent!"
He said, `Her silence is her permission". [Agreed upon The Pearl and the
Coral (Al-Lu'lu' wal-Marjan) (895)] For that reason the learned say that the virgin should know that her silence
is permission. On the authority of Khansaa" bint Khaddam Al-Ansari said:
"her father got her married though she was not a virgin, and she hated
her marriage. When she went to the Prophet (greetings and peace be upon
him), he annulled the marriage. [Transmitted by all except Muslim.]
On the authority of Ibn `Abbas, a virgin girl came to the Messenger of
Allah and mentioned her father got her married while she was unwilling.
The Prophet (greetings and peace be upon him) gave her the choice. [
Transmitted by Ahmad (2469), amended by Sheikh Shakker; Abu Dawud (2069);
Ibn Majah (1875) and Ad-Daraqatny vol.3, (56)] From
these Traditions (Hadith), we have an indication that the father is not
distinguished from another as he is obliged to ask his daughter and it
is a necessity to have her approval. According to Sahih Muslim and others,
"A virgin is asked," which means she must give her permission and approval.
On the authority of `Aisha, a girl came to her saying, "
My father married me to his nephew to raise himself (in
status) through his mean act, and I am unwilling."
isha said, `sit until the Prophet comes." She told him and he sent for
her father who gave her the choice. She said, "O Messenger of Allah, I
approved of what my father did but I wanted to know if woman had any word
in the affair:". [
Transmitted by Al-Nisaai in the Book of Marriage, chapter `The Virgin is
Married Unwillingly by her Father; 6186-7.]
Obviously,
the Prophetic Traditions illustrate permission for both the virgin and
the woman who was married before as a condition of the marriage contract.
If the father or the person in charge marries the widow or divorcee without
her permission, the contract is invalid and revocable, as in the story
of Al-Khansaa bint Khaddam. As to the virgin, she has the right to choose;
if she wishes, she gives her permission; if not she refuses, which annuls
the contract, as in one of he previous Stories. [See Nail
Al-Awtar, 6/254-256] What
is of great interest is that Islamic Law commands the consultation
of the
mother in the marriage of her daughter so the marriage can be completed
to the satisfaction of all concerned parties. On
the authority of Ibn `Umar, the Prophet (greetings and peace be upon him)
said, "Take woman's permission about their daughters". [
Transmitted by Ahmad and ascribed to Ibn Umar (4905); researched by Ahmad
Shaker, Abu Dawud (2095); and others.] In this context, Iman Abu Sulaiman Al-Kattaby has some valuable remarks
to add, as comment on this Hadith, in his book Landmark of Traditions (Maalem
as-Sunna), which should be conveyed for their moral sense and integrity.
He writes: The counsel of mothers in the affairs of their daughters is
not because they have a say in the marriage contract, but it is also that
the daughters feel secure and have intimate relationships with their mothers,
which is longer lasting for companionship and more effective in bringing
their daughters and their husbands together, if the principle of the contract
is based on the mutual satisfaction and desire of mothers and daughters.
But if it is other than that, one would not get away safely from their
harming effect ( i.e. rousing daughters against their husbands), and the
potential cause of adversity to fall upon them.
Moreover, mothers
are closer to their daughters; they listen more to what they say. For these
reasons, their consultation concerning the marriage of their daughters is appreciated
and Allah is more knowledgeable.
He adds: It could be for another reason in addition to what is mentioned. A woman
might come to know through her special relation with her daughter and through
her private conversation with her a matter which could invalidate the marriage
contract. It could be due to an illness which makes her unable to perform
her duties as a wife. For this reason, the Prophet's words, "The
virgin should not be married except through her permission which is silence",
as she might be shy to disclose her agreement and to show her desire in
the marriage. Therefore her silence indicates her being free from a deficiency
that prevents intercourse, or a reason which is only known to her and which
does not permit marriage. And Allah Almighty is more knowing. [
See The Concise Book of Traditions (Mokhtasser As-Sunna) by Al-Munzery;
The Landmarks of Traditions (Maalem As-Sunna) by Al-Khattab; Edification
by Ibn Al-Qayyim 3/39, researched by Ahmad Shaker and Mohammed Hamid Al-Fiqy.]
We add here that the mother may know from her daughter's secrets that her
heart is tied to someone else. If that person proposes and is suitable,
then he should have the priority, as in the Hadith, "Nothing
is better for those in love than marriage". [
Transmitted on the authority of Ibn Abbas, Ibn Majah (1847); Al-Hakim and
corrected on Muslim's term 2/160, agreed upon by Al-Dhahaby and Al-Baihaqi
7/78; Al-Tabrany, Tammam and others. It is mentioned by Al-Albany in the
"authentic ones" (624).]
If the father has
no right to marry his daughter to one she does not like, he has the right
that his daughter should not get married without his permission, according
to the Hadith by Abu Musa, "No marriage without the
guardian," and for the Hadith [
Transmitted by Abu Dawud (2085); Al-Termithy (1101); Ibn Majah (1881);
Ahmad 4/394,413, 418. Other words mentioned in the Hadith are transmitted
by Al-Munzery in The Concise Book of Traditions (Mokhtasser As-Sunna),
and by Ibn Al-Qayyim, see Hadith (2000).] on the authority of `Aisha, "Any woman who marries
without the permission of her guardian, and her marriage is void." This
was said three times. [
Transmitted by Abu Dawud (2083) and (2084); Al-Termithy (1102) who improved
it; and Ibn Majah (1879).]
Abu Hanifa and his companions believe that a girl has the right to marry
herself, even without her father's permission or that of the guardian,
on the condition that the husband is suitable for her. The above Hadith
is not mentioned in their writing, but they illustrate it in their views
by what is found in the Qur'an referring to marriage:
"do not prevent them from marrying their former husbandsuntil she
has married another husband" there is no sin for you if they (the
wives) dispose of themselves in a just and
honourable manner (i.e. they can marry)."
In these verses and in others, marriage is attributed to women. Allah forbids
preventing a women from seeking marriage as it is a right which she is
capable of managing, and so it should be accepted of her. Abu Hanifa put
as a condition that her marriage has to be to a suitable husband, otherwise
the responsible persons have the right to object. In the case of a woman
marrying with the permission of the guardian but without his attendance,
it is permitted by some jurists though the general consensus puts the presence
of the guardian as a condition, otherwise her marriage is void.
Ibn Qud, ma said:
If the contract is validated by a ruler, it is not allowed to be annulled.
The judge here has a special point: the contract is annulled when it is
against a text. The ruler has the priority because it is a negotiable matter,
and so his verdict is not annulled, exactly as giving the right of pre-emption
for the neighbour. The text (i.e. "No marriage without the guardian") has
been interpreted variously and is approved by some and objected to by some.
This is according to Ibn Qud,ma's deep knowledge and fairness, may Allah
be pleased with him. However, to be tactful and discrete, the marriage
should be accomplished with the agreement of all parties concerned, the
father, mother and daughter, so as not to leave the opportunity for gossip,
enmity, and quarrelling, whereas Allah has legislated marriage to promote
love and mercy.
It is required of the father to choose for his daughter a good man who
makes her happy and who finds happiness in her company. The father should
concentrate on the man's morals and faith, not on materialistic and earthly
matters. He should not put obstacles in the way of the marriage if a suitable
man proposes. The Hadith says, "If the person who
satisfies you in morals and faith comes to you, let him marry
(your daughter). If you do not, you will create
sedition on the earth and widespread corruption". [
Transmitted by Al-Termithy (1084); Ibn Majah (1967); Al-Hakim whose amendment
was accepted by Al-Dhahaby 2/165 on the authority of Abu Huraira; Al Baihaqi
7/82 on the authority of Abu Hatim Al-Mazay; Ibn Adeyy on the authority
of Ibn Umar improved in The Concise Comprehensive Book of Sound Hadith (Sahih al
-Jame' as-Sagheer) and its supplement (270).]
Thus, Islam has taught the father that his daughter is a " human being"
before anything else. She is not a "commodity" to be offered and given
to the one who pays more, as in the case of many ignorant and greedy fathers
continue this practice until today. The Hadith says, "It
is the good fortune of a woman to facilitate her engagement, to facilitate
her dower, and to ease her womb-i.e. her delivery". [
Transmitted by Ahmad 6/77; Ibn Hayyan (4095); -Hakim 2/181 who amended
it on Muslim's terms and approved by Al-Dhahaby, on the authority of isha
and improved in The Concise Comprehensive Book of Sound Hadith (Sahih al -Jame'
as-Sagheer) and its supplement (2235).] |