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Legal Rulings Regarding the Muslim Women
Status of Women in Islam
Before talking about the rights of women in Islam, we must unearth some attitudes of other nations towards women and how they treated them.
Women were merchandized during the Greek epoch and they had no single right but men reserved all rights. She was deprived of the legacy or the right to discharge her wealth. Their famous philosopher Socrates' said, “The existence of women is the greatest cause and source of collapse in the world. Verily, women are similar to a poisoned tree where it appears seemingly pretty, but when sparrows eat of it, they die instantly.”
As for the Romans, they believed that women were soulless and so they had no value, nor any right according to them. Their slogan was ((Women have no souls)). That is why women
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were being tortured by pouring boiling oil on their bodies and fastening them to poles. They used to fasten innocent women to the tails of horses, which hasten with them at the highest speed until they die.
This was also the view of Hindus about women. Even more, they would burn a woman when her husband dies.
Chinese likened women to the painful water that washes away joy and wealth. A Chinese man had the right to sell his wife or bury her alive.
As for the Jews, they considered women as a curse because she misled Adam, luring him into eating from the forbidden tree. They also deemed her impure whenever she experiences menses, when the house and whatever she touches becomes impure. Moreover, she would not inherit anything from her father if she had brothers.
As for the Christians, they see her as a devil. One of the Christian clergy even said, “Women are not related to the human race.” Saint
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Bonaventure said, “If you see a woman, do not imagine that you have seen a human being nor even a beast. You are indeed seeing a devil itself and what you are hearing is the whistling of a snake.”
According to the common English Law until last century, women have remained uncounted among citizens. They had no personal rights nor do they have the rights to own anything even the clothes they wear. The Scottish Parliament of 1567 passed a law that "Women should not be granted authority over anything". Similarly, the English Parliament during the Era of Henry the 8th, prohibited woman from reading the Bible, because she is impure. In 586, the French conducted a conference to research on whether women are humans or not!? They concluded that they are humans but they are created to serve men. The English Law until 1805 permitted the husband to sell out his wife and even specified the price of the wife to be six pence (half a Shilling).
As for the Arabs before the Era of Islam, women were humiliated. She could not inherit nor was
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she given any regard nor having any rights. Many of them used to bury their daughters alive.
Then Islam emerged and got rid of all oppression women were subjected to, and to confirm their equality to men. They have rights just as men have rights. Allah the Most High said,
“O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is All-Knowing and All-Aware.” [Al-Hujurat: 13].
“And whoever does righteous deeds, whether male or female, while being a believer - those
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will enter Paradise and will not be wronged, [even as much as] the speck on a date seed.” [An-Nisa: 124]
“And We have enjoined on man to be good and dutiful to his parents.” [Al-'Ankaboot: 8]
The Messenger of Allah (May the blessings and peace of Allah be upon him) said, “The most perfect man in his faith among the believers is the one whose behavior is most excellent; and the best of you are those who are the best to their wives in conduct.” [Transmitted by At-Tirmidhi: 1082].
A man asked the Prophet (May the blessings and peace of Allah be upon him), "O Allah's Messenger! Who is more entitled to be treated with the best Companionship by me?" The Prophet (May the blessings and peace of Allah be upon him) said, "Your mother." The man said, "Then who?" The Prophet said, "Your mother." The man further said, "Then who?" The Prophet (May the blessings and peace of
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Allah be upon him) said, "Your mother." The man asked for the fourth time, "Then who?" The Prophet (May the blessings and peace of Allah be upon him) said, "Your father." [Agreed upon: 5971, 2548]. This, in a nutshell, is the Islamic viewpoint about women.
Common Rights of Women
The woman has common rights, which she ought to know and should be recognized for her to get them completely whenever she wishes. These rights, in brief, are as follows:
1. Her right to possession: A woman can own anything she wishes of real estates, lands, industries, farms, gold, silver and various species of sheep, whether she were a wife mother, daughter, or sister.
2. Her right to matrimony, selecting the man of her choice, dissolving marriage with ransom (Al-Khul’) and divorce when she is being oppressed. All these are rights established for the woman.
3. Her right to an education in whatever is obligatory upon her, such as having knowledge about Allah, knowledge about acts of worship
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and how they are performed, rights obligatory upon her, necessary codes of conduct and excellent morals that she must abide by. This is based on the generality of the saying of Allah the Most High,
“So know that none has the right to be worshipped but Allah.” [Muhammad: 19]
The Prophet (May the blessings and peace of Allah be upon him) said, “Seeking knowledge is a duty upon every Muslim.” [Transmitted by Ibn Majah: 220].
4. Her right to give from her wealth as charity whatever she wishes and to spend whatever she wishes of it on herself and on whomever she wills including her husband, children, father and mother, as long that she does not attain the limit of squandering. In this, she is just like the man.
5. Her right to love and hate. She may love and visit righteous and pious women with the consent of her husband if she is married, and she
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can give them gifts. She may also send messages to them and enquire about their conditions, console them at times of distress. She may hate immoral women and excommunicate them for the sake of Allah the Most High.
6. Her right to make a will to bequeath one-third of her wealth while alive and to execute this will after her death, without opposition, because a will is a common personal right. Just as men have it, women also have it. No one is above being in need of the reward of Allah. Nonetheless, the will must not exceed one-third of the wealth.
7. Her right to clothing. She has the right to wear whatever she wills of silk and gold, which are prohibited to men, but she would not be nude, display her graces wantonly, by putting on half-naked clothes or quarter of a cloth, or uncover her head, neck, or chest except for whom she can lawfully do that to.
8. Her right to adorn herself for her husband by applying the eyeliner (Kuhl), applying the red make-up on her cheeks and lips if she wills and to wear nicer and most elegant suits and clothes unless the clothes for which non-Muslim women are known or by which prostitutes are identified.
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She does not have to wear such clothes in order to set herself aloof from the arena of distrust and falsehood.
9. Her right to food and drinks. She can eat and drink any lawful thing that is good and pleasant. There is no disparity between her and the man in food and drink. Whatever that has been made lawful is for both men and women and whatever has been prohibited is forbidden to both of them alike. Allah the most High said,
“O children of Adam, take your adornment at every masjid, and eat and drink, but do not be excessive. Indeed, He likes not those who are excessive.” [Al-A'raf: 31]
This statement is general as it encompasses both sexes.
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Rights of the Woman on
Her Husband
Verily, among the special rights of a woman is her right upon her husband. They are rights that are due to her in exchange for certain rights she must fulfill for the husband, such as obedience to him in that which does not involve disobedience to Allah and His Messenger (May the blessings and peace of Allah be upon him), preparing his food and drink, reforming his bed, breastfeeding and nurturing his children, protecting his wealth and integrity, preserving herself, and adorning herself for him within the lawful limits and kinds of adornments.
Here are some rights the woman owes to her husband as Allah, the Most High, said:
“And they (women) have rights (over their husbands as regards living expenses, etc.) similar (to those of their husbands) over them (as regards obedience and respect, etc.) to what is reasonable.” [Al-Baqarah: 228]
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We shall state these rights so that the believing woman may know them and demand them without shame or fear. The husband has to fulfill his wife’s rights completely unless she willingly forfeits some of them, which she is free to do:
1. To spend on her according to his condition (whether he is rich or poor). Expenses include clothing, food, drink, medication, and accommodation.
2. To protect her in her honor, body, wealth and religion because the man is in charge of her and part of the obligation on the one in-charge of something is to protect and maintain it.
3. To educate her on the necessary aspects of her religion. However, if he cannot do that, he should permit her to learn by attending women learning sessions in the mosques or schools or other places if she is safe from temptation or the harm this may cause to her or him.
4. To live with them on a footing of kindness and equity according to what Allah has said,
“And live with them in kindness.” [An-Nisa: 19]
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It is part of good and kind living to avoid usurping her right in bed or harming her by insults and verbal abuse or contempt and humiliation. It is part of kind living not to prevent her from visiting her relations if he does not fear some temptation for her, to avoid assigning her to do what she cannot do, and to be kind to her in words and action due to the saying of the messenger of Allah (May the blessings and peace of Allah be upon him), ((The best of you is the one who is best to his wife, and I am the best of you to my wives.” [Transmitted by At-Tirmidhi: 3830]
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The Veil (Hijab)
Islam has been keen on preserving and protecting the family from disintegration and damage. Thus it surrounded it by a sturdy fortress of sound characteristics and noble manners, in order for the souls and the society to remain sound and pure where no desires are being aroused nor natural instincts are being irritated. It has set barriers to prevent provocations, which call for rabble-rousing and so it commanded lowering of the gaze for both men and women.
Allah has legislated the veil for the woman as a token of honor for her and protection for her integrity from being desecrated and abused and to set her aloof from being exposed to botchers and owners of sick souls and to protect her from those who recognize no value nor weight for virtue and to close the gate of sedition that is caused by poisoned gaze and to enclose the woman's integrity and diffidence in a siege of respect and regard.
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Learned scholars of Islam have unanimously agreed on the obligation of hijab upon the woman, and that she must cover herself, and should not display her adornments and graces before strangers and alien people. However, they differ regarding the face and palms up to the elbows. There are several textual evidences on the veil and its obligation, and each group of scholars cited part of them and redirected the implications of those evidences it deems opposing to its viewpoint in different ways. However, the textual evidences regarding the obligation of the veil include:
“And when you ask (the wives of the Prophet) for anything you want, ask them from behind a screen, that is purer for your hearts and for their hearts.” [Al-Ahzab: 53]
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“O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (veils) all over their bodies. That will be better, that they should be known (as such) and not molested. And Allah is Ever Oft-Forgiving, Most Merciful.” [Al-Ahzab: 59]
“And tell the believing women to lower their gaze and be modest, and to display of their adornment only that which is apparent, and to draw their veils over their bosoms, and not to reveal their adornment save to their own husbands…”[An-Nur: 31]
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Evidences from the prophetic tradition (Sunnah) include what ‘Aisha the wife of the Prophet (May Allah be pleased with her) narrated that, “The believing women, covered with their veiling sheets, used to attend the Fajr prayer with Allah's Messenger, and after finishing the prayer they would return to their homes, and nobody could recognize them because of darkness.” [Agreed upon: 578, 645]
She also reported, “Riders would pass us when we accompanied the Messenger of Allah (May the blessings and peace of Allah be upon him) while we were in ihram. When they came by us, one of us would let down her outer garment from her head over her face, and when they had passed on, we would uncover our faces. [Transmitted by Abu Dawud and Ahmad: 1562, 22896].
She also narrated: "May Allah bestow His Mercy on the early emigrant women. When Allah revealed:
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"... and to draw their veils all over their bosoms..." (Surah An-Nur: 31) They tore their Murut (woolen dresses or waist-binding clothes or aprons etc.) and covered their heads and faces with those torn Muruts". [Transmitted by Al-Bukhari]
Evidences to this effect are ample. Despite the controversy over the question of the veil, they all agreed that a woman is permitted to uncover her face for some necessity, like when she is sick and needs to meet the doctor. In addition, they all agreed that it is not lawful to uncover her face when there is fear of sedition, which is something even those that allowed her to uncover the face at normal circumstances, make obligatory when there is fear of sedition. How strong is the fear of sedition at this period in which corruption has been taken to high heavens and many of those women that unveil their faces apply adornments to them. This is something that has been unanimously prohibited.
Islam forbids women and men to intermingle to protect morals, families and integrity. Islam is keen on the prevention of temptation and seduction. Intermingling between women and
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men, especially when the women are improperly dressed, agitates lustful desires, facilitates the means to crime, and makes it easy to approach. Allah the Most High said,
“And abide in your houses and do not display yourselves as [was] the display of the former times of ignorance.” [Al-Ahzab: 33].
He said also,
“And when you ask (the wives of the Prophet) for anything you want, ask them from behind a screen; that is purer for your hearts and for their hearts.” [Al-Ahzab: 53].
Furthermore, the Messenger of Allah has vehemently forbidden intermingling of men with women and prohibited everything that tends to lead to it, even in the area and arenas of worship.
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A woman may be compelled by circumstances to leave her house to a place where men are, like when she intends to meet some of her needs, whereas she has no one to do that for her, or to buy and sell to earn a living for herself or for someone she sustains, and other necessities. There is no problem with such outings, but she must consider the limits set by the Shari'ah by going out properly covered, without displaying her beauty and to separate herself from men as much as possible.
The legislations Islam set to protect the family and morals include the prohibition of seclusion with a non-mahram woman. The Messenger of Allah (may the blessings and peace of Allah be upon him) has indeed stressed the prohibition of seclusion with a woman who is not mahram – when she is not in the company of her husband or a mahram – because the devil is eager to corrupt the souls and morals.
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Legal Rulings on Menstruation and
Post-Partum Bleeding
Time and Duration of Menstruation
1. Menstruation usually begins at the age of twelve and stops by the age of fifty. However, a female may even experience it before or after this age according to her condition and environment.
2. The minimum period of menstruation is one day, while the maximum period is fifteen days.
Menstruation of the pregnant
woman
When a woman is pregnant, she is most likely not to menstruate. However, if she notices the bloodflow shortly before childbirth, by two or three days, with throes of childbirth, that should be post-natal bleeding. If that happens long before childbirth or shortly before it without
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labour pains, then that blood is neither post-natal bleeding nor menstruation.
Abnormal Cases of Menstruation
Abnormal cases of menstruation are of different kinds:
First: Rise or fall in menses like when a woman’s normal period of menstruation is six days but the blood continues to flow up to the seventh day or when her period is seven but she attains purity on the sixth day.
Second: Advancement or delay like when her normal period is at the end of the month but notices menstruation at the beginning or when the normal period is at the beginning but she experiences it at the end of the month. Whenever she notices the usual blood with its known description, she is considered menstruating and whenever she attains purity, she is considered pure, whether her period increases or decreases, or advances or is delayed.
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Third: Yellow or brown discharge, whereby she notices the blood as yellowish, similar to fluids emitted by wounds, or brownish between a yellow and a dark color. If this occurs during the period of menstruation or follows it before the attainment of purity, it is considered as menses and shall be given the rulings regarding menstruation. However, if it occurs after the attainment of purity, it is not menses.
Fourth: Irregularity in menstruation, where she notices blood sometimes and dryness at other times, etc. These are two conditions:
One: When this is persistent and permanent with a woman. That is called istihada, which is false menstruation and the rules of false menstruation shall be applied to any woman that experiences this.
Two: When it is not persistent, but comes at times, and after that she experiences a period of absolute purity. Whenever the termination of blood flow occurs in less than one day, it is not an indication of
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having attained the state of purity. Termination of blood flow for less than a day shall not be considered as a state of purity unless she notices some indications such as when the termination occurs at the end of her normal period or notices the clear discharge when menstruation is over.
Fifth: Dryness, where the woman experiences ordinary moisture. If this occurs during menstruation or is concomitant with it before the state of purity, then it is menses but if it occurs after the state of purity, it is not menses.
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Rulings Regarding Menstruation
First: Prayer (Salaah): Both obligatory and supererogatory prayers are prohibited and not acceptable from the menstruating woman. Prayer is not obligatory on her in this state except if she is able to catch up with about one full rak’ah from the time of prayer before menstruation begins or terminates. In this case, that prayer becomes compulsory on her notwithstanding if she caught up with it at the beginning or the end of the appointed time for that prayer. An instance of catching up with the prayer at the beginning of its appointed time: A woman menstruates after sunset by a period of about one rak’ah. Upon attaining the state of purity, she should pay for the Maghrib prayer because she caught up with it by a period of one rak’ah before her menses began. An instance of catching the prayer at the end of its appointed time is a woman who attained the state of purity after menstruation before sunrise by a period of one rak'ah. When she has taken the ritual bath, she must make up Fajr prayer because she caught it by a period adequate to observe one rak'ah.
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Activities involving the remembrance of Allah such as dhikr, takbeer (to say Allahu Akbar), tasbeeh (to say Subhanallah), tahmeed (to say Alhamdulillah) and pronouncing the Name of Allah upon eating and at other affairs, recitation of the Holy Qur'an, reading Hadith, making invocation and saying amen to invocation, listening to the Holy Qur’an recitation, are not prohibited to the menstruating woman. She may recite the Holy Qur’an from memory without touching a copy of it. Nevertheless, there is no problem if she needs to use the copy of the Qur’an for revision or correcting mistakes, or the like but that must be by means of a barrier like hand gloves or so.
Second: Fasting. A menstruating woman is prohibited to observe neither the obligatory nor the supererogatory fast and it is not acceptable from her either. However, she should make up for the obligatory fast. If she menstruates while fasting, the fast is void even though that occurred a moment to sunset. She should make up for that day if the fast is an obligatory one. Although, if she feels the movement of blood before sunset but it did not discharge except after sunset, her
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fast is perfect and not void. When the day breaks and she menstruates, fasting of that day would not be acceptable from her even if she attained purity a moment after dawn. If she attains purity shortly before dawn and fasts, her fast would be acceptable even though she did not take the ritual bath until after dawn.
Third: Circumambulating the Ka’bah (Tawaaf). It is prohibited for her to circumambulate the Ka’bah, be it the obligatory or optional Tawaaf and, if she does so, it would not be acceptable. As regards other ceremonies like (Sa’y) hastening between mounts Safa and Marwah, staying at Arafah, passing the night at Muzdalifah and Mina, casting the pebbles and other rituals of Hajj and Umrah, they are not prohibited to her. Accordingly, if she performs Tawaaf while she is in the state of purity and then discharges menstruation blood immediately after the Tawaaf or during Sa’y, there will be no qualms.
Fourth: Staying in the mosque. A menstruating woman is forbidden to stay in the mosque.
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Fifth: Sexual intercourse. It is prohibited for her husband to have sexual intercourse with her and she should not allow him to do so. However, it is permissible for him, and to Allah belongs all praise, to do other activities such as kissing, hugging and fondling that can curb his sexual urge without intercourse.
Sixth: Divorce. It is prohibited for her husband to divorce her in the state of menstruation but if he does, he has disobeyed Allah and His messenger (May the blessings and peace of Allah be upon him) and perpetrated a sin. Therefore, he must revoke the divorce and keep her until she attains the state of purity, after which he can divorce her if he so wills. However, it is preferable for him to leave her to menstruate for a second time and attain the state of purity after which he is free to keep or divorce her if he so wills.
Seventh: Obligation of the ritual bath. A menstruating woman upon attainment of the state of purity is obliged to take a ritual bath by purifying all her body. It is not compulsory to unfasten the hair on her head except if it is
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strongly tied in a manner that water is not likely to reach to its roots. When the menstruating woman attains the state of purity during the time of prayer, she must hurry to take the ritual bath to get the performance of that prayer on time. If she is on journey and has no water or if she does but nurses some harm from using it or she is sick and water might cause harm to her, then she should perform dry or alternative ablution (Tayammum) in lieu of taking the ritual bath until the impediment is over and then takes bath.
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False Menstruation
and its Rulings
Al-Istihadwah or false menstruation is the persistent and continuous flow of blood from a woman. It may stop for some time like a day or two in a month. Others said that any blood discharge for a period longer than fifteen days is considered false menstruation except when it is her normal menstrual period.
A woman undergoing false menstruation has three conditions:
First: A woman who has a known menstrual cycle followed by istihada. She should observe the rulings of menstruation during the normal length of her period. Any blood after that should be considered istihada and given its rulings.
Instance of this: A woman used to menstruate for six days at the beginning of every month and suddenly she experienced persistent flow of blood (Istihadwah). Such shall observe six days at the beginning of every month as her menstrual
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period while the additional period shall be considered false menstruation. Based on this, a woman having a fixed and known menstrual period but experiences false menstruation shall observe the period of her normal menses, then take bath, and begin to pray not minding the blood even if it continues to flow.
Second: One not having a known menstrual period before the occurrence of false menstruation because flow of blood has been persistent with her right from the first day she experiences it. Such should differentiate between the kind and description of blood that flows. Her menstrual flow shall be that which is distinguished by black colour, or thickness or odour and it shall be given the rules of menstruation, while whatever is beyond that shall be deemed false menstruation and given its rulings.
Instance of this: A woman notices the blood flow at the first instance and it is persistent and she can differentiate the type of flow by noticing it to be black for the first ten days and red for the rest part of the month or she notices that it is thick for
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the first ten days and light for the rest or having menstrual odor for the first ten days and odorless for the remaining days of the month. In this case, her menses is the black flow is in the first case, or thick flow in the second case and having odour in the third and whatever is beyond that is false menstruation.
Third: One who has no known menstrual period nor sound differentiation by undergoing persistent discharge of blood right from the first instance and her blood maintains one condition or has varying and unsteady descriptions, which cannot be seen to be menstrual discharge. Such should take to the menstrual period of majority of women, which is six or seven days in every month, beginning from the period she notices the blood for the first time. Whatever is beyond that length of time is false menstruation.
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Rulings of False Menstruation
Rulings of false menstruation are same as the rulings regarding the attainment of the state of purity after menstruation. There is no disparity between a woman undergoing false menstruation and those in a state of purity except for the following:
First: Ablution is obligatory upon her for every prayer.
Second: Whenever she intends to perform ablution, she must wash away the effects of blood and fasten a piece of cotton rag to her private part to prevent the blood from flowing out.
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Postpartum Bleeding
and its Rulings
Postpartum bleeding is the blood discharged as a result of childbirth; either along with it, or after it, or two or three days prior to it with labor pains (contractions). A woman attains the state of purity whenever the bloody discharge stops. However, if it persists for over forty days, she should take the ritual bath (ghusl) after the fortieth day because that is the maximum period for postpartum bleeding; even if the blood continues to flow, unless the discharge after the fortieth day is menstrual discharge. Then she should observe the period until she attains a state of purity, and then make ghusl. Postpartum bleeding is only confirmed when a woman gives birth to something that looks like human. Hence, if she delivers a little miscarriage that does not appear to be human, her blood shall not be deemed as post-natal bleeding. Rather, it is blood that came from the veins (false menstruation) and shall take the ruling of false menstruation. The minimum period in which a human form can
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be verified is eighty days starting from the pregnancy and the maximum is ninety days.
The rulings regarding post-natal bleeding are same as those stated under menstruation.
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Menstruation and Pregnancy
Contraceptives
It is allowed for a woman to use contraceptives to hinder her menses but with two conditions:
First: There should be no fear of harm happening to her. If there is, then it is not permissible to use the contraceptives.
Second: That should be in line with the permission of the husband if he is related to it.
Permissibility of menstruation inducement pills is based on two requisites:
One: Permission of the husband.
Two: She should not use them as a means of avoiding an obligation; like when she uses them to avoid fasting or prayer and the like.
Using contraceptives to avoid pregnancy is of two kinds:
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First: To use them to prevent pregnancy permanently. This is not permissible.
Second: To use them to prevent pregnancy temporarily; such as if a woman gets pregnant easily and the pregnancy weakens her. It is permissible in this case if her husband allows it, and it does not cause her any harm.
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Table of Contents
Topic
Page Status of Women in Islam
3 Common Rights of Women
8 Rights of the Woman on Her Husband
12 The Veil (Hijab)
15 Legal Rulings on Menstruation and Post-Partum Bleeding
22 Time and Duration of Menstruation
22 Menstruation of the pregnant woman
22 Abnormal Cases of Menstruation
23 Rulings Regarding Menstruation
26 False Menstruation and its Rulings
31 Rulings of False Menstruation
34 Postpartum Bleeding and its Rulings
35 Menstruation and Pregnancy Contraceptives
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