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.
Transgender in islam and their marriage is one of the new issues of our era. It does not mean that at the time of Prophet (PBUH&HP) no one was hermaphrodite. But the science of changing the sex into male or female, or curing this disorder to some extent had not been known yet. Therefore there is no verse or narration regarding this issue.
But how do we find out if transgender marriage is allowed (Halal) or forbidden (Haram) according to Islamic jurisprudence?
People who are known to be transsexual (a person who emotionally and psychologically feels that they belong to the opposite sex) or hermaphrodite (a person having both male and female sex organs or other sexual characteristics) are different from those who decide to be homosexual (lesbian or gay). Nevertheless, some of those who have homosexual tendencies may suffer from hermaphrodite disorders as well.
But the improvement of science these days has made it possible for transsexuals and hermaphrodites to go through a sex reassignment surgery (SRS) in which they can change their gender into the one they feel they belong to(obviously according to the physician’s opinion).
Since not having the operation and changing the sex may cause the person to commit a sin, or personal and social damages, it would be best if they can go through a sex reassignment surgery (SRS) and reduce these harms.
While transsexuality and hermaphrodites are obvious to be human disorders, most sufferers experience hostile encounters in the society. It is important for the society, especially for Muslim communities, to become familiar with their issues and support them in a way that they can have a normal life alongside others.
One of the most offending manners towards them is to accuse them of having immoral sexual behaviors. It should be very well understood by the society that accusing them of adultery is a forbidden (Haram) act according to Islam. We should keep in mind that they are human beings with all the rights and needs of a human.
The only difference is that they suffer from a disease, which makes them even more vulnerable. Hence they need special support from the society; such as disability support services provided by the government.
Since marriage, according to Islam and all the other Abrahamic religions is based on sexual differences, it is clearly false for a Muslim to marry a person with unknown gender. If a Man marries a transsexual with unknown gender, he cannot be sure if he has married a male or a female, therefore, that should become clear before marriage.
But if the sufferer has gone through the sex reassignment surgery (SRS) and the gender is now obvious, then there is no problem for a Muslim man or a Muslim woman to marry such a person under the Islamic rules of marriage.
However, they should both be aware that people who change their gender, will not be able to have children at all. (We hope that human knowledge can solve this issue in the near future). So, people who have had a sex reassignment surgery (SRS) should inform their “spouse to be” of their surgery and the consequences of the operation.
To conclude, we understand that marriage between or to a transgender -after the operation- is allowed (Halal) according to Islam and the couples may be able to shape a great family in which they feel comfort and relief. And if they wish to have children, they could always adopt a child which is strongly recommended in Islam.
When a child is born, he sees only two people by his side who are with him at all stages of life, are willing to help him until death takes them apart, want his success in everything, and are open to any harm for the sake of his success. They give him the basic teachings of life and try to prepare him in the best way to enter society. Their names are the first words a baby utters: mom and dad. In this topic, we are going to talk about the place has given to the father in Islam.
When we talk about an issue from an Islamic perspective, the best document we can come up with is the Holy Quran. Before going to the topic of parents’ status in Islam, we should mention that Allah also commanded the followers of previous divine religions to respect their parents and that this commandment of Allah was along with several other commandments, including monotheism; Because loving and caring about parents is a natural human trait and is restricted neither to time nor people or religion. We now turn to a number of Quranic guidelines on the status of parents in Islam:
"…Do not worship except Allah, and to parents do good…" (The Holy Quran 2:83)
"Worship Allah and associate nothing with Him, and to parents do good …" (The Holy Quran 4:36)
"Be grateful to Me and to your parents; to Me is the [final] destination" (The Holy Quran 31:14)
When you think carefully about these verses, you can see an epic image; Allah places parents in the Muslim’s life right after His high position and goodness to parents beside monotheism. Now that we know about Quran’s perspective, let us read more about this matter in the Islamic narrations. Another important matter before reading the narrations, however, is that Allah never singles out a parent but mentions both of them meaning that the mother’s placement is as high as the father’s in Islam.
-Undoubtedly, the dignity of the father is unique before Allah; To the extent that Prophet Mohammad (PBUH&HP) said: The father is in the middle of paradise, it is up to you to either keep it or waste it. (1) This means that achieving divine grace depends on the consent of the father. His position and respect are highly recommended in such a way that it cannot be easily overlooked, as far as the Islamic lifestyle is concerned. Of course, in today's world, parents are not valued as they should be, but in the school of Islam and in various verses that we read above, their placement is high. This position is so great that the Prophet (PBUH&HP) has introduced himself and Imam Ali (PBUH) to the people as the fathers of this nation (2) which means that everything the two do is only for the success and progress of this blessed religion, and they wish nothing in return; just like a father sacrifices his life for the betterment of his children.
-If a parent curses his child, he will not have a way to heaven. Not only will he not have a way, but he will be deprived of the smell of heaven from afar. As the Holy Prophet of Islam (PBUH&HP) said: The smell will reach the nostrils, but not the nostrils of such parents. (3)
- In this regard, Imam Reza (as) also says: "It is obligatory to do good to one's parents, even though they are polytheists, but in disobeying God, one should not be commanded by them." (4)
- A man named Ibrahim, one of the companions of Imam Sadigh (AS), said to him: “My father is very old and incapacitated so that when he wants to do the basics of his life, we take him on our shoulders and take him away”. Imam said: "If you can do such a thing yourself and make food for him with your own hands; because such a service is the shield of fire for the day after your resurrection". (5)
- One of the moral precepts of Islam is to keep the name and memory of parents alive. In a part of the prayer of Imam Sajjad (as) it is stated: “O my God! "I do not remember my parents at the end of the prayers, and I do not remember them at all moments of the evening and at all hours of the day." (6)
This was the indication on remembrance, in any form and in any way, of doing good to fathers and a kind of appreciation for their efforts and promoting the tradition of respect for elders. Also, Hafez, one of the famous Persian poets said on this topic: How to nurture the sweetness of your heart // When you do not remember your father, you stone-hearted. (7)
As we look at Islam and its Prophet through narrations, we see that the value and importance they place on human parents is very high and only a step lower than Allah, a place that if people seek redemption and heaven, they are given based on their goodness to parents. We hope that in this way we can be benevolent children for our parents and models for other Muslims.
References:
- Gharar al-Hikam (21th volume – page 174)
- Bihar al-Anwar (16th volume – page 95)
- Tafsir Nemooneh (12th volume – page 97)
- Bihar al-Anwar (16th volume – page 100)
- Bihar al-Anwar (16th volume – page 101)
- Al-Sahifa Al-Sajjadiyya (24th Supplication)
- The Divan of Hafez – 298th sonnet