The women's rights in Islam include their right as wives in the marital relationship as well. In Islam, marriage is not confined to satisfying physical and emotional needs. There are many verses, stories, and narrations speaking about different aspects of marriage, including the mutual rights that the couple has over one another.
In this article, the rights of the wife over her husband have been summarized into the following two categories of financial and non-financial. It is noteworthy that this classification is embedded neither in the Quran nor the narrations and therefore, other classifications from other perspectives are also possible.
It is obligatory for a man to pay marriage portion (Sedaq) to his spouse as one of the most significant women's rights in Islam. The marriage portion is, by definition, a property which a husband gives his spouse upon marriage. This mandatory payment whether in the form of money or possession is upon husband until the time he fulfills it.
In due course, his wife has the right to either ask for or forgo it. In the case of forgoing, the husband is no longer required to fulfill this duty. Interestingly, in contrast with the idea which regards marriage portion as a price for a woman, a marriage without a fixed marriage portion is also correct [1].
But, how much should the marriage portion be? Islam has not specified the exact amount of the marriage portion. However, the amount of five hundred silver coins (Derham), which is equal to today’s $724.5 [i], fixed by the Prophet (PBUH&HP) for his wives and daughters is an encouraged model for Muslims. On account of this, it has been recommended that the marriage portion doesn’t exceed this fixed amount. Nevertheless, any amount of marriage portion that both parties agree upon is allowed by Islam [2].
Furthermore, a man is financially obligated to pay for the living expenses of his spouse (Nafaqah) including food, clothes, shelter, living necessities and the things that a wife usually needs in her life [3]. It makes no differences in this duty of the husband, whether his spouse earns money out of work or not, since she is not required to provide for the family [4].
As for the woman’s property, her husband also doesn’t have the right to take the outcome of her efforts into his possession [5]. Even if the wife asks wages for her works inside the house, the husband is supposed to pay, due to the Islamic laws [6]. God has underscored this supportive role of the men in the Quran as follows: “Men are the protectors and maintainers of women… (4:34)”
However, the man is responsible for arranging the comfort of his spouse as long as she does not disobey his legal demands [7]. Moreover, it makes no sense whatsoever to take the duty of providing the sustenance of the family as the sign of superiority of the man over his spouse [8].
When the husband dies his spouse inherits from him as well. According to the Islamic rules of inheritance, the woman is entitled to one-fourth of her spouse’s property in the case that he leaves no child as heir. But, if her spouse has any children, she is just entitled to one-eighth of her spouse’s property [9]. However, this topic in different cases includes some details which have been elaborated in the judicial sources.
The second type of women's rights in Islam concerns the moral rights of the wife. Our infallible Imams (A.S) reportedly advised their followers to be kind and respectful toward their wives and treat them gently. Prophet Muhammad (PBUH&HP) says: “The best of you are the ones who treat their family the best, and I am the best of you towards my family.” [10]
He, also, on various occasions recommended his companions to help their wives in the household chores and outlined many rewards for them regarding this act [11]. When some people inquired from him about the rights of a wife over her husband, he answered: “He should overlook her minor faults, and if she commits a major mistake then he should forgive her.” [12]
Imam Sajjad (A.S) has beautifully described women's rights in Islam and men’s moral duties toward their wives by demonstrating the blessings which God grants them through marriage: “The right of your wife is that you know that God has made her a repose and comfort for you; you should know that she is God’s favor towards you, so you should honor her and treat her gently.”[12]
Notes:
[i] This amount has been calculated based on the price of silver on 11th of November 2016. It may need further modification in future.
References:
- Islamic View on Human Rights: Viewpoints of Iranian Scholar.
- wifes right
- Ali Ibn Hussein Zaynul Abidin, A commentary on Imam Sajjad’s “The Treaties of Rights,” translated by Ali Peiravi, Ansariyan Publication.
- Islamic View on Human Rights: Viewpoints of Iranian Scholar; this book is available at https://www.al-islam.org/.
- Makarem Shirazi, Naser, 180 Questions Enquiries about Islam, translated by Shahnawaz Mahdavi, vol. 1.
- Khorasani, Hussein Vahid, Islamic Laws, Create Space Independent Publishing, 2014, p. 393.
- Hussein, Jamila, Islam, Federation Press, 2011, p. 109.
- Kamrava, Mehran, The New Voice of Islam: Rethinking Politic and Modernity: a Reader, University of California, 2006, p. 163.
- Shabir Khan, Muhammad, Status of Women in Islam, APH Publishing, 1996, p. 50.
- Ali Ibn Hussein Zaynul Abidin, A commentary on Imam Sajjad’s “The Treaties of Rights”, translated by Ali Peiravi, Ansariyan Publication.
- Javadi Amoli, Abdollah, Mafatih al-Hayat, Asra, 2012, p. 257.
- Rizvi, Athar Hussein, Islamic Marriage, World Islamic Network.
- Ali Ibn Hussein Zaynul Abidin, As-Sahifa Al-Kamilah Al-Sajjadiyya, Muhammadi Trust of Great Britain and Northern Ireland.
Although we keep hearing and reading criticisms about people who live a routine life with no specific changes, there are still not many people who experience huge changes in their lives. Most people in this world live a conventional life. They go to school, then university, then they find a job and get married and form a family.And all of those critics of such ordinary lifestyle, only suggest minor changes for breaking the routine. For example, they may recommend you to change your diet or listen to a happy song in the morning. But does anyone recommend you to rethink your ideologies, and see if it is not working properly for you, then think about a new set of ideas?! Some people in the world are brave enough to see if the present ideology is not working well for them, then they search and find a better one; people who embrace Islam as their new religion are amongst those.Becoming a Muslim could be a long process in one’s life, and it will definitely have huge consequences for the convertperson. Converts will have to let go of the past routine life and go through different experiences in all aspects of their lives such as friendship, job, family and the whole lifestyle.In this short text, we will only point out one of the major changes that married converts may experience; what happens to their marriage after converting to Islam if one of the spouses converts to Islam.
But before directly going to the main topic, let’s see what the rules of marriage in Islamic jurisprudence are?
The main verse in the holy Quran that discusses the marriage of believers with non-believers says:
“Do not marry idolatresses until they embrace faith. A faithful slave girl is better than an idolatress, though she should impress you. And do not marry [your daughters] to idolaters until they embrace faith. A faithful slave is better than an idolater, though he should impress you. Those invite [others] to the Fire, but Allah invites to paradise and pardon, by His will, and He clarifies His signs for the people so that they may take admonition” (2:221)
Therefore in Islam, as described in the other Abrahamic religions, it is prohibited to marry a man or a woman who does not believe in God. In another verse Allah says:
“Today all the good things have been made lawful to you—the food of those who were given the Book is lawful to you, and your food is lawful to them—and the chaste ones from among faithful women, and chaste women of those who were given the Book before you, when you have given them their dowries, in wedlock, not in license, nor taking paramours…” (5:5)
Therefore, from the above verses, besides other verses and narrations, Muslim jurists have concluded the following rules for interfaith marriages:
Rules of Marriage for Muslim Men
A Muslim man is not allowed to marry, neither permanently nor temporarily, a non-Muslim woman who is not among the followers of the books (Ahlul Kitab); Christians and Jews.
A Muslim man is allowed to marry a Christian or Jewish woman. However, based on precaution, it is obligatory to refrain from marrying a non-Muslim woman in permanent marriage. The reason behind it is that Muslims do not deny the preceding Abrahamic religions, but they know Islam as the most complete and the last divine religion.
Rules of Marriage for Muslim women
A Muslim woman is not allowed to marry a non-Muslim man at all, neither permanently nor temporarily [1].
As you see the rules of marriage for Muslim women is much stricter than those for men. The reason behind it goes back to the verse that says “Men are the managers (protectors) of women, because of the advantage Allah has granted some of them over others, and by virtue of their spending out of their wealth…” (4:34)
The Islamic belief is that in married life, men have authority over women, and Islam will not allow a non-Muslim man to have authority over a Muslim woman.
In Islam, the responsibility of providing for the family is on man’s shoulder, and women have no responsibility in this case. Men are also responsible for protecting the religion of their family: “O you who have faith! Save yourselves and your families from a Fire whose fuel will be people and stones…” (66:6)
Now that we are familiar with the basic rules of marriage in Islam let’s see what happens to a person who has already been married and then decides to embrace Islam. Is his/her marriage to his/her non-Muslim spouse still valid?
When a Man Converts to Islam, What Happens to His marriage?
When a married man converts to Islam:
If his wife is from the followers of the book (Ahlul Kitab), Christian or Jewish, the marriage remains valid, and they do not need to remarry according to Islamic law [2]. This is because of the respect that Islam has for the preceding religions, although it is the final religion sent by God.
If the wife is an atheist, the marriage will be void automatically. However, according to the ruling (fatwa) of Sayed Ali Khamenei, even the atheist woman needs to keep the waiting period (iddah)[i]. If during that period (3 months) she decides to convert to Islam the marriage will continue [3].
But what happens if the man doubts that his wife has accepted Islam as her religion truly? The Muslim jurists say that if the non-Muslim woman only recites the two testimonies (Shahadatain) for the sake of marriage, the Islamic treatment would be applied to her as long as she does not say or do anything that would contradict her declaration of the faith [4].
When a Woman Converts to Islam, What Happens to Her Marriage?
“O you who have faith! When faithful women come to you as immigrants, test them. Allah knows best [the state of] their faith. Then, if you ascertain them to be [genuinely] faithful women, do not send them back to the faithless. They are not lawful for them, nor are they lawful for them, but give them what [dowry] they have spent [for them]…” (60:10)
When a married woman converts to Islam:
No matter if the husband is an atheist or a Christian or Jewish, the marriage will automatically be void UNLESS the husband accepts to convert to Islam too. If at the time that the woman is keeping her waiting period (iddah) her husband embraces Islam, their marriage is considered standing, and there is no need to renew the marriage [5].
If Both of the Married Couple Convert to Islam
In a marital relationship, when both spouses decide to embrace Islam, no matter if they are both followers of the book (Ahlul Kitab) or both are not followers of the book (non-Ahlul Kitab) or one is the follower of the book (Ahlul Kitab) and the other one is not, if the marriage that took place among them is valid according to their custom, such marriage is considered valid and there would be no need to recite the marriage formula anew [6].
It is understandable that both man and woman will experience such hard circumstances for their new beliefs. Maybe that is why Allah in a chapter called “Divorce” indicates:
“… Whoever is wary of Allah, He shall make for him a way out [of the adversities of the world and the Hereafter], and provide for him from whence he does not count upon. And whoever puts his trust in Allah, He will suffice him. Indeed Allah carries through His commands. Certainly, Allah has ordained a measure [and extent] for everything.”(65: 2, 3)
Notes:
[i] The period a woman must observe after the death of her spouse or after a divorce, during which she may not marry another man.
References:
- Imam Khomeini, Tahrir al-Wasilah, vol. 4, pg. 103, the book of marriage
- ibid
- Sayed Ali Khamenei, Istifta
- ibid
- Imam Khomeini, Tahrir al-Wasilah, vol. 4, pg. 103, the book of marriage
- ibid
children's rights in Islam covers all the years of childhood and infancy and include all the needs of a child in the process of his/her growth
Having a good name is one of the important children's rights in Islam. This is because a good name affects one's mind. A child hears his name day and night; and consequently, the meaning of that name unconsciously strengthens those features which are implied in it.
Therefore, the first duty of a parent towards his/her child is to give him/her a good name at birth. Prophet Muhammad (PBUH&HP) has said: “It is the responsibility of every father to choose a good name for his child "[1].
According to the researchers, male circumcision reduces many possible diseases in a man's reproductive organ. As one of the children's rights in Islam, it is recommended that the boy be circumcised on the seventh day of his birth. But it is obligatory to circumcise before the boy reaches puberty [i].
Islam strictly recommends breastfeeding, as one of the most significant children's rights in Islam, besides every day more and more scientific evidence confirms the advantages of this act. Breastfeeding is one of the factors affecting the physical, psychological and ethical characteristics of a baby.
According to the Holy Quran: “Mothers shall breastfeed their children for two whole years…” (2:233). Therefore, it is considered a child's right to be breastfed until the approximate age of two.
It is narrated from Prophet Muhammad (PBUH&HP): “For a child, there is no milk better than the milk of the mother” [3].
This theory has been proved that the human mind at the very beginning is quite blank, and it only gradually that starts using the faculties of sight, hearing, etc.
As it is noted in Holly Quran, “God has brought you from the wombs of your mothers while you did not know anything and He gave you hearing and sight and hearts that you may give thanks” (16:78)
Consequently, the atmosphere of family and society continuously influence the child's mind, although he/she is not aware of this process. Children are reflections of their parents. The best way to inculcate good behavior in children is to treat them with good grace.
It is emphasized in Islamic thought that children should be kept in a nice and respectful environment. Prophet Muhammad (PBUH&HP) said: “Respect your children and behave them in a nice manner” [4].
Although there is no compulsion on children to do religious duties, it is praised to gradually give children religious training. The impressions gained in childhood are very difficult to erase, and if respect and love of religion are infused into his/her mind in childhood, he/she will always remain attached to the religion.
In this stage, the best way of familiarizing the child with religious teachings is performing religious duties in front of him; children are the mirrors of their surroundings.
Imam Baqir (AS) said: “When the child reaches three years, teach him seven times to recite la ilahailla ' llah (there is no God but Allah). Then leave him at that till he is three years seven months and 20 days old; then train him to say Muhammad-un rasul-u 'llah (Muhammad is the messenger of Allah). Then leave him at that till he completes four years. Then teach him seven times to say Salla 'llahu ala Muhammadin wa aali Muhammad (Peace be upon Muhammad and the progeny of Muhammad). Then leave him at that till he reaches the age of 5 years; then ask him which one is his right hand and which one is the left. When he knows it, then make him face Qiblah [i] and tell him to do prostration (Sajdah)” [5].
This is to continue until he is six years of age. Then he should be told to pray and taught The Bowing (Ruku) and Prostration (Sajdah).
Through mentioned methods, the children learn their religious duties without coercion and feeling any burden upon themselves.
Notes:
[i] Imam Sadeq (AS) said: "Circumcise your sons when they are seven days old as it is cleaner and the flesh grows faster and because the earth hates the urine of the uncircumcised" [2].
References:
- Al-Hurr al-Aamili , Wasail al-shiah, vol. 2, p. 618.
- Al-Kafi Al-Kalini, Abu-Ja'afar Muhammad Ibn-Yaqub. Al-furu'min al-kafi. Vol. 6 Tehran: Dar al-kutub al-islamiyyah. 1981:34.
- Mirza Hussayn Nuri ,Mustadrak al-Wasāil, vol. 15, p.156.
- Muhammad Muhammadi Rayshari,Mizan al-Hikmah, vol, 1 , p. 7109.
- Ibn-e Fazl-e Tabarsi,Makarim Al Akhlaq, p. 115.