Islam and Women: Misconceptions and Misperceptions (Part 3/4)

 

Feature Article

 

21. Three Divorce declarations

 

Most people are ignorant of the proper way of divorcing wives. It is generally thought that a wife stands separated from her husband if the divorce is declared thrice. This notion is against the Qur’an which says that a lady must be divorced by just one declaration to the effect.

Moreover, there are many other misconceptions regarding divorce giving rise to the following questions:

i. Do women have a right to divorce?

ii. Should the wife pay money for seeking divorce?

iii. What is the correct way of divorce?

iv. How should wrongly given divorces be tackled?

v. In whose custody should the children be given?

i. The Right to Divorce

When a man and a woman marry each other, it is their utmost wish to remain in this relation of wedlock forever. They are desirous of the fact that the change in times not change their commitment to each other and only death separate them in this world. But then, sometimes there does arise a situation when part they must. Differences become so pronounced that it becomes necessary to sever this relationship. If such circumstances do arise that a husband and wife must separate permanently, Islam lays down a specific procedure for this separation. In Islamic terminology this dissolution of marriage is called divorce. It says that both a man and a woman have an equal right to it. The only difference is that a man divorces a woman while a woman demands a divorce from her husband. The Qur’an explicitly states that it is the husband who has the right to divorce:

ِبيَدِه عُقْدَةُ الِّنكَاح (2: 237)

In his hands, is the tie of marriage. (2:237)

Women, however, can seek divorce if they want to. If the husband refuses, she has all the right to take the matter to the court. The matter will then be decided by the ruling of the court.

This prerogative, sense and reason demand, should go to the head of the family. Since, according to theQur’an, it is the husband who is the head of a family, therefore, he has been given this right. In other words, this right is not ‘gender specific’ it is ‘authority specific’: whoever is entrusted with the authority of being the head should possess this right. Had women been more suitable to head a family, they would have been given this right.

 

ii. Should the Wife pay money for seeking Divorce?

A common misconception when a woman seeks divorce from her husband is that she must give some wealth to her husband on this occasion of separation. This has no basis in the Qur’an; on the contrary, the Qur’ansays that it is not at all permissible for the husband to demand anything from his wife on this occasion. However, there are two exceptions to this:

Firstly, if a husband has gifted a lot of wealth and property to her wife and is afraid that in divorcing her he would lose all his riches, the Qur’ansays that she can forgo some or all of her share and return it to her husband to end the whole affair. It is clear that this is only an exception and not a general principle as is generally held and practiced. It is allowed when only wealth is the husband’s reason for not divorcing his wife. The Qur’an says:

وَلَا يَحِلُّ لَكُمْ أَنْ تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَنْ يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَأُوْلَئِكَ هُمْ الظَّالِمُونَ(2:229)

And [if you decide to depart from them, then on this occasion] it is unlawful for you to take back from them anything you have given them unless both husband and wife fear that they may not be able to keep within the bounds set by Allah. Then if you also feel that they will not be able to remain within the bounds set by Allah, there shall be no offence for either of them [regarding the gifts given by the husband] if the wife seeks divorce [by returning them to him] in ransom. These are the bounds set by Allah; do not transgress them. [And you should know that] those who transgress the bounds of Allah are wrongdoers (2:229)

Secondly, if the wife is guilty of open sexual misconduct. Since such a behavior destroys the very foundation of marriage, a husband has been allowed to take back any gifts or wealth given to her. The Qur’an says:

وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا بِبَعْضِ مَا آتَيْتُمُوهُنَّ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ….  وَإِنْ أَرَدْتُمْ اسْتِبْدَالَ زَوْجٍ مَكَانَ زَوْجٍ وَآتَيْتُمْ إِحْدَاهُنَّ قِنطَارًا فَلَا تَأْخُذُوا مِنْهُ شَيْئًا أَتَأْخُذُونَهُ بُهْتَانًا وَإِثْمًا مُبِينًا  وَكَيْفَ تَأْخُذُونَهُ وَقَدْ أَفْضَى بَعْضُكُمْ إِلَى بَعْضٍ وَأَخَذْنَ مِنْكُمْ مِيثَاقًا غَلِيظًا (4:19-21)

And do not treat them with harshness that you may take away what you have given them – except where they have been guilty of open lewdness… And if you decide to take a wife in place of another, even if you had given the latter a whole treasure of wealth take not the least bit of it back: Would you take it by slander and usurping [her] rights? And how could you take it when you have lain with each other and [at the time of marriage] they have taken from you a solemn covenant? (4:19-21)

ii. The Procedure of Divorce

If a husband has decided to divorce his wife, he should first wait until she has completed her menstrual cycle and then desisting from any further carnal relationship, he should utter the divorce sentence just once. The wife, after she has been divorced in this way, must stay in her husband’s house for a period of three menstrual cycles. This period is called ‘Iddat. If a woman does not have menstrual cycles owing to age, disease or any other reason, and still there is a chance of pregnancy, then she must wait for three months. For a pregnant woman this period is up to the birth of the child, while for a newly married couple who have had no contact, divorce does not entail any period of ‘Iddat for the wife. According to the Qur’an, there is one basic reason for this waiting period: to ascertain whether a wife is pregnant or not so that the lineage of the child does not remain a matter of doubt. Another thing which is achieved through it is that it affords the husband and other family members a chance to rectify the situation, for matters in which emotions and feelings run high, sometimes only time is needed for recovery.

During this ‘Iddat period:

(a) The husband cannot turn his wife out from the house except if she is guilty of adultery, nor should she leave the house herself.

(b) The wife, if she is pregnant, must not hide her pregnancy.

(c) The husband should continue to provide for her.

(d) A husband, if he changes his mind, can revoke his decision. The only thing required, according to the Qur’an, is that he should call in two persons to testify to his decision[1].

If after this period of ‘Iddat, a man is still firm in his stance, his wife shall be considered as separated permanently. She is now a free woman and if she wishes to marry some other person, she has all the right to do so and must not be inhibited in any way. If circumstances change, she can even remarry her former husband. Furthermore, the Qur’anstresses that on this occasion of parting it is not at all lawful for a husband to take back any property or asset gifted to her[2]. This, it must be kept in consideration, does not pertain to Mahr (dower) only, but to every type of gift given to the wife. Not only should a husband not take back these gifts, he should, in fact, give her something on this occasion of separation. Even if her Mahr has not been fixed, it is better for him to give her something. If the Mahr has been fixed but the divorce occurs before the husband and wife have had contact, he must return half the money, unless the wife even forgoes this. In this case also, though it is better that he should give her the whole money.

However, in case the husband revokes his decision during the ‘Iddat period, there is no need for re-marriage. The two shall be considered as husband and wife once again. If after annulment of this divorce, due to some reason, the untoward situation arises a second time that the husband intends to divorce his wife, the Qur’ansays that the husband can exercise his right of divorce for the second time as well. He should pronounce just one divorce sentence to repudiate his wife. Again, the post-divorce period shall be observed in the manner just described. Once again, if the husband wishes, he has the chance to revise his decision during this period, in which case the divorce shall be considered null and void and the two shall once again become husband and wife. If, unfortunately, for the third time, the situation arises that divorce becomes inevitable, the Qur’ansays that a husband can exercise his right for the third time as well and pronounce the divorce sentence. After the expiry of ‘Iddat during which a husband will have to support and provide shelter to his wife (though the two are not required to live  together), the wife shall be permanently separated from him. After divorcing his wife for the third time, he cannot re-marry her now, unless and until, the wife marries some other person and owing to some reason gets divorced from him – not under a planned strategy, but on account of naturally arisen circumstances. This last measure, actually, is meant to prevent this affair from becoming mere child play.

In the words of the Qur’an:

الطَّلَاقُ مَرَّتَانِ فَإمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ(2:229)

This divorce [in which the husband can revoke his decision in the ‘Iddat period] is permitted twice only, and then a woman must be retained with kindness or allowed to go with kindness. (2:229)

It is evident from these details that the Qur’anonly prescribes one divorce sentence and stresses that a husband has the right to divorce her wife three times in one marriage contract. It does not at all approve the utterance of three divorce sentences in one go. Consequently, it is clear from these details that the two prevailing procedures of divorce ie (1) pronouncing three consecutive divorces in one instance, and (2) pronouncing each of the three sentences in three months are not at all prescribed by the Qur’an. When the Prophet (sws) came to know that a certain person had divorced his wife by pronouncing three divorce sentences one after the other, he stood up in anger and said:

أيلعببكتاب الله وأنا بين أظهركم (نِسائ رقم: 3401)

In my presence, such playful attitude has been adopted with the Book of Allah. (Nisai, No: 3401)

iii. Tackling wrongly given Divorces

Mentioned above is the Shari‘ah as far as the concept of divorce is concerned. However, as does happen with prescribed laws and procedures, situations arise in which a person is guilty of breaching the law and deviating from the right course. Human nature is prone to extreme emotional conditions in which it deviates from the path set forth by the Almighty. These deviations, it is extremely evident, are not part of the Shari‘ah; they fall into breach of law category and it is up to the legislature of a country to enact laws about such departures. At times, such cases are even left to the discretion of the judge and at other times the judge himself is bound by the legislation done in this regard by the parliament.

In case of divorce, keeping in view various precedents, this deviation is generally of two types:

i) A husband divorces his wife during her menstrual period, or divorces her after he has had contact with her in her period of purity.

ii) A husband divorces his wife by pronouncing the divorce sentence thrice.

As far as the first deviation is concerned, an Islamic government can ask the husband to revoke his decision and carry it out in the proper manner at the proper time. The Prophet (sws) in his own times dealt with the case of ‘Abdullah Ibn ‘Umar (rta) in a similar manner. When he was told that ‘Abdullah Ibn ‘Umar (rta) had divorced his wife during her menstrual cycle, he was really annoyed and remarked:

مره فليراجعها ثم ليمسكها حتى تطهر ثم تحيض ثم تطهر ثم إن شاء أمسك بعد وإن شاء طلق قبل أن يمس فتلك العدة التي أمر الله أن تطلق لها النساء  (بخارى رقم: 5251 )

Ask him to take her back and keep her in wedlock until she is through with her menstrual cycle and then once again passes through this cycle and then is through with it. After this, he can either detain her [in wedlock] or divorce her before having sexual intercourse with her. Because it is this beginning of the ‘Iddat keeping regard of which the Almighty has directed [believers] to divorce their wives. (Bukhari, No: 5251)

In case of the second deviation, a deliberation on the injunctions of divorce, particularly on their linguistic aspects, reveals that there are three possible solutions:

(a) The husband can be called to court and asked to testify to the nature of these pronouncements: if he testifies that he had pronounced the three sentences in anger to only strongly assert his decision or that he had thought that pronouncing three sentences was the correct procedure of divorce, the court, if satisfied by his statement, can re-unite the husband and wife. In this case, it shall be clearly spelt out to the husband that he now has exercised one of his three chances to repudiate his wife. If on the other hand, a person testifies that he had consciously uttered the three sentences knowing that he was exercising his three rights in one time, the wife, of course, shall be divorced from him. The case of Rukana Ibn ‘Abdi Yazid (rta) was decided in a similar manner by the Prophet (sws).

(b) A second possible solution in this regard is that a state, while observing that people have adopted a carefree attitude in following this procedure, legislates that three divorce sentences shall be considered as three whether pronounced in anger or in a normal emotional state. A precedent of this solution can be found in the times of the Caliph ‘Umar (rta). He himself, in the capacity of a ruler in consultation with the members of the shura, upon seeing that people had adopted a very careless attitude in this regard, as a punishment, promulgated three divorce sentences as final.

(c) A third possible solution in this regard is that the state while observing the fact that people are mostly ignorant of the correct procedure and in their ignorance think that the correct way of divorce is to pronounce the sentence three times, legislates that the three pronouncements shall be considered as one.

Any of these three ways can be adopted keeping in view the welfare of the Muslims. However, in adopting the second or third solutions, it is necessary that a legislation has been done in their favour, but as far as adopting the first solution is concerned, no prior legislation is needed and the matter can be left to the discretion of the judge.

iv. The Custody of Minors

In post-divorce scenarios, the matter of the custody of minor children has not been touched upon in the Shari‘ah. In other words, it has been left to the welfare of the children. In case of a dispute, a judge should make this ruling after analyzing the situation of a case in the light of this principle

Perhaps the reason for which nothing has been fixed in the Shari‘ah in this regard is the varying circumstances which may be found in different cases.

 

22.The Issue of Halalah

 

The concept of Halalah is one of the ugliest and shameful of issues of Islamic jurisprudence. According to the Shari‘ah, if a man divorces his wife for a third time in his life, the two cannot re-marry unless the wife marries a second person and then that person due to some reason divorces her. In order to fulfill this legal requirement, subterfuges have been devised and marriages are planned with the understanding that a person will divorce the wife in order to make her legal to marry the first husband. In this regard, the jurists also impose the condition that before he divorces his wife he must have sexual intercourse with her. In religious parlance, this subterfuge in which a lady is made legally allowed for her first husband by marrying another person and then being divorced from her after having sexual intercourse with him is called Halalah.

Needless to say, that all subterfuges amount to playing with the Islamic law and its spirit. Moreover, the condition of sexual intercourse imposed has arisen because of not understanding a very subtle comment of the Prophet (sws) in a Hadith. If its text reported by Bukhari is analyzed it is evident that a certain lady had married a person only to become legally permissible to marry her first husband. She demanded divorce from her second husband on the false grounds that her husband was sexually impotent. When the Prophet (sws) became certain of her scheme, he reprimanded her in very subtle words. He told her that she could only become permissible for the first husband after ‘tasting’ her second husband. This of course was not a condition as has been generally construed: the implied meaning being that if according to her, her second husband does not have the ability to copulate with her then she can only be divorced from him after he copulates with her – which of course he will never since, according to her, he is not capable of it. Thus if anything can be deduced from this Hadith, it is prohibition of Halalah and not vice versa. Hence it is absolutely prohibited and is tantamount to making fun of the law.

The text of the Hadith is as follows:

عَنْ عِكْرِمَةَ أَنَّ رِفَاعَةَ طَلَّقَ امْرَأَتَهُ فَتَزَوَّجَهَا عَبْدُ الرَّحْمَنِ بْنُ الزَّبِيرِ الْقُرَظِيُّ قَالَتْ عَائِشَةُ وَعَلَيْهَا خِمَارٌ أَخْضَرُ فَشَكَتْإِلَيْهَا وَأَرَتْهَا خُضْرَةً بِجِلْدِهَا فَلَمَّا جَاءَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَالنِّسَاءُ يَنْصُرُ بَعْضُهُنَّ بَعْضًا قَالَتْ عَائِشَةُ مَا رَأَيْتُ مِثْلَ مَا يَلْقَى الْمُؤْمِنَاتُ لَجِلْدُهَا أَشَدُّ خُضْرَةً مِنْ ثَوْبِهَا قَالَ وَسَمِعَ أَنَّهَا قَدْ أَتَتْ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَجَاءَ وَمَعَهُ ابْنَانِ لَهُ مِنْ غَيْرِهَا قَالَتْ وَاللَّهِ مَا لِي إِلَيْهِ مِنْ ذَنْبٍ إِلَّا أَنَّ مَا مَعَهُ لَيْسَ بِأَغْنَى عَنِّي مِنْ هَذِهِ وَأَخَذَتْ هُدْبَةً مِنْ ثَوْبِهَا فَقَالَ كَذَبَتْ وَاللَّهِ يَا رَسُولَ اللَّهِ إِنِّي لَأَنْفُضُهَا نَفْضَ الْأَدِيمِ وَلَكِنَّهَا نَاشِزٌ تُرِيدُ رِفَاعَةَ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَإِنْ كَانَ ذَلِكِ لَمْ تَحِلِّي لَهُ أَوْ لَمْ تَصْلُحِي لَهُ حَتَّى يَذُوقَ مِنْ عُسَيْلَتِكِ قَالَ وَأَبْصَرَ مَعَهُ ابْنَيْنِ لَهُ فَقَالَ بَنُوكَ هَؤُلَاءِ قَالَ نَعَمْ قَالَ هَذَا الَّذِي تَزْعُمِينَ مَا تَزْعُمِينَ فَوَاللَّهِ لَهُمْ أَشْبَهُ بِهِ مِنْ الْغُرَابِ بِالْغُرَابِ(بخاريرقم:5377)

‘Ikramahnarrates that Rafa‘ah divorced his wife. Thereafter she married ‘Abdu’l-Rahman Ibn Zubayr Qurzi. ‘A%’ishahsays that she came to her wearing a green cloak and complained of her husband and showed ‘A%’ishahher bruises – women do help one another – so when the Prophet (sws) came by, ‘A%’ishahsaid: ‘I have only seen Muslim women being treated in such a way. Her skin is greener than her cloak’. ‘Ikramah says that when her husband came to know that she had complained to the Prophet (sws), he also came over to the Prophet (sws) along with his two sons from his other wife. Upon seeing her husband, she got hold of the end of her cloak letting it hang from her hand and remarked: My only complaint is that whatever he has is no more than this [soft cloth]. At this, ‘Abdu’l-Rahman said: ‘O Prophet (sws) of Allah she has told a lie! I am very strong and can satisfy her; the truth of the matter is that she is disobedient and wants to go back to Rafa‘ah’. When theProphet (sws) heard this, he said: ‘If this is the case then you shall not be permissible for Rafa‘ah unless ‘Abdu’l-Rahman tastes you’. Then, upon seeing the sons of ‘Abdu’l-Rahman, the Prophet (sws) remarked: ‘Are these your sons?’ When he replied in the affirmative, the Prophet said: ‘Do you tell such lies [O ‘Abdu’l-Rahman’s wife]. By God, these [young boys] resemble ‘Abdu’l-Rahman more than a crow resembles another crow. (Bukhari, No: 5377)

 

23. The Etiquette of Sexual Intimacy

 

The issue of sexual intimacy between a husband and wife has given rise to many confusions. It needs to be appreciated that in this regard, the Shari‘ah has explicitly prohibited two things:

1. Intercourse during menses.

2. Anal intercourse.

These restrictions are mentioned in the following verse of the Qur’an:

وَيَسْأَلُونَكَ عَنِ الْمَحِيضِ قُلْ هُوَ أَذًى فَاعْتَزِلُواْ النِّسَاء فِي الْمَحِيضِ وَلاَ تَقْرَبُوهُنَّ حَتَّىَ يَطْهُرْنَ فَإِذَا تَطَهَّرْنَ فَأْتُوهُنَّ مِنْ حَيْثُ أَمَرَكُمُ اللّهُ إِنَّ اللّهَ يُحِبُّ التَّوَّابِينَ وَيُحِبُّ الْمُتَطَهِّرِينَ (2: 222)

And they ask you about menstruation. Tell them: It is a kind of impurity. So keep away from women during their menstrual periods and do not approach them until they are in a state of purity. Then when they are clean after having bathed, go to them from where God has enjoined you. Indeed, God loves those who constantly repent and keep themselves clean. (2:222)

This means that, barring these two restrictions, everything else has been left to the taste and inclination of the husband and wife. The freedom they have in this regard is very aptly expressed in the following verse:

نِسَآؤُكُمْ حَرْثٌ لَّكُمْ فَأْتُواْ حَرْثَكُمْ أَنَّى شِئْتُمْ وَقَدِّمُواْ لأَنفُسِكُمْ وَاتَّقُواْ اللّهَ وَاعْلَمُواْ أَنَّكُم مُّلاَقُوهُ وَبَشِّرِ الْمُؤْمِنِينَ(2: 223)

These women of yours are your cultivated land; go, then, into your lands in any manner you please [and through this] plan for the future [of both this and the next world] and remain fearful to God. Bear in mind that you shall meet Him [one day]. And [O Prophet!] Give good tidings [of success and salvation] to the believers [on that Day]. (2:223)

The portion of the verse: ‘So come to your cultivated land in whatever manner you want to’ refers to the liberty and freedom with which a person is allowed to come close to his wife. It is similar to how a farmer approaches his land. While explaining the expression ‘أَنَّى شِئْتُمْفَأْتُوا حَرْثَكُمْ’ (go then, into your lands in any manner you please), Imam Amin Ahsan Islahi writes:

[This] alludes simultaneously to two things: On the one hand, it refers to the liberty, freedom and free manner with which a farmer approaches his land, and on the other hand refers to the responsibility, caution and care which he must exercise in approaching his land. The word ‘حَرْثٌ’ refers to the latter and the word ‘أَنَّى شِئْتُمْ’ to the former. It is both this liberty and caution which ascertain the correct behavior of a husband with his wife in this regard.

 

Everyone knows that the real bliss of married life is the freedom a person has in intimate affairs barring a few broad restrictions. The feeling of this freedom has a great amount of euphoria around it. When a person is with his wife in intimate moments, Divine will seems to be that he be overcome with emotions but at the same time it is pointed out to him that he has come into a field and an orchard; it is no wasteland or a forest. He may come to it in whatever manner and in whatever way whenever he pleases, but he must not forget that he has landed in his orchard. The Qur’an has no objection on the discretion, choice and majesty with which he approaches his field if he knows full well where he is going and in no way is oblivious of this reality.[3]

One aspect of the husband and wife relationship is that while fulfilling many other needs, it is also a means of satisfying the sexual urge. If this urge is satisfied between them, it secures their modesty and curbs sexual anarchy. However, if this urge is not quenched between the two, it might lead to grave deviations. It is because this relationship shields a husband and wife from any deviations that they are called each other’s robes:

هُنَّ لِبَاسٌ لَّكُمْ وَ أَنْتُمْ لِبَاسٌ لَهُنَّ (2 :187)

They [your wives] are [like] a robe for you and you [like] a robe for them. (2:187)

One can construe in the light of what has been said above that Islam has neither imposed any restriction on the position or posture for sexual intimacy nor explicitly stopped the couple from orally stimulating the sexual organs. However, a person must always bear in mind that Islam is a religion that stands for purification and cleanliness – both physical and spiritual. A person’s own nature, if it is not perverted, guides him to be selective and refined in exercising this discretion. He may have the liberty to do anything in this regard, but he should always remember that the spirit and essence of this liberty dictate that he should not become an animal. Consequently, cunnilingus and fellatio may not be prohibited by the Shari‘ah but they seem to be against the norms of a refined taste ingrained in human nature that has not been perverted.

It also needs to be appreciated that during menses, only sexual intercourse is forbidden as is evident from 2:222 quoted above. Other forms of sexual intimacy are allowed. Anas Ibn Malik reports in the Sahih of Imam Muslim:

أن اليهود كانواإذا حاضت المرأة فيهم لم يؤاكلوها ولم يجامعوهن في البيوت فسأل أصحاب النبيالنبيفأنزل الله تعالى]ويسألونك عن المحيض قل هو أذى فاعتزلوا النساء في المحيض إلىآخر الآية [فقال رسول اللهاصنعوا كل شيء إلا النكاح (مسلم رقم: 302)

Amongst the Jews, when a woman menstruated, they did not dine with her nor did they live with her in their houses. So the companions of the Prophet asked him and Allah revealed ... (See 2:222 above). The Prophet then said: ‘You can do everything except having intercourse with her’. (Muslim, No: 302)

 

24. Misinterpretation of some verses of Surah Ahzab

 

There are certain directives about women which have been erroneously derived from some verses of Surah Ahzab. These can be enumerated as follows:

i. Women must cover their faces and wear large cloaks (jilbabs) when they go out of their houses.

ii. Women must not speak in a polite tone with strangers.

iii. Women should primarily be confined to their homes.

iv. Women should be kept secluded except from their immediate relatives.

It needs to be appreciated that all the above directives have a specific background and cannot be taken as general directives regarding women. It is imperative that this background be understood: When the Islamic message gained acclaim in Madinah, the hypocrites started to tease Muslim women and scandalize the lives of the Prophet’s wives. They would try as much as they could to disparage the Prophet’s personal life and those of his wives. It was in this period when the incident of Ifk took place. A’ishah(rta), the illustrious wife of the Prophet (sws), was dragged into a scandal by these mischief makers. While referring to this general attitude of the hypocrites, the Qur’an says:

وَالَّذِينَ يُؤْذُونَ الْمُؤْمِنِينَ وَالْمُؤْمِنَاتِ بِغَيْرِ مَا اكْتَسَبُوا فَقَدِ احْتَمَلُوا بُهْتَانًا وَإِثْمًا مُبِينًايَاأَيُّهَا النَّبِيُّ قُلْ لِأَزْوَاجِكَ وَبَنَاتِكَ وَنِسَاءِ الْمُؤْمِنِينَ يُدْنِينَ عَلَيْهِنَّ مِنْ جَلَابِيبِهِنَّ ذَلِكَ أَدْنَى أَنْ يُعْرَفْنَ فَلَا يُؤْذَيْنَ وَكَانَ اللَّهُ غَفُورًا رَحِيمًالَئِنْ لَمْ يَنْتَهِ الْمُنَافِقُونَ وَالَّذِينَ فِي قُلُوبِهِمْ مَرَضٌ وَالْمُرْجِفُونَ فِي الْمَدِينَةِ لَنُغْرِيَنَّكَ بِهِمْ ثُمَّ لَا يُجَاوِرُونَكَ فِيهَا إِلَّا قَلِيلًامَلْعُونِينَ أَيْنَمَا ثُقِفُوا أُخِذُوا وَقُتِّلُوا تَقْتِيلًا (33: 58-61)

And those who harass believing men and believing women unjustifiably shall bear the guilt of slander and a grievous sin. O Prophet! Enjoin your wives, your daughters, and the wives of true believers to draw over them a shawl [they may have when they go out]. That is more proper, so that they may be distinguished [from slave-women] and not be harassed. God is ever forgiving and merciful. If [after these measures also] these hypocrites and those who have the ailment [of jealousy] in their hearts and the scandal mongers of Madinah do not desist, We will rouse you against them, and their days in that city will be numbered. Cursed be they; wherever found, they would be seized and put to exemplary death. (33:58-61)

The above verses also shed light on one of their subversive activities: They would tease and torment believing women and when they would be called to account, they would say that they did not know that these were believing women. While explaining the background of this verse Ibn Kathir, the celebrated commentator of the Qur’an, records the opinion of Suddi in the following words:

The mischief-mongers among the people of Madinah would come out on the streets at dusk and get after the women of the Ansar. The houses of the people of Madinah [in those days] were very small in size and at nightfall the women would go out on these streets [making their way to the fields] to relieve themselves. These evil people would tease these women. If they saw a woman who would be wearing a cloak they would say she is a free woman [and not a slave] and would abstain [from any evil activity] and if they saw a woman who would not be wearing a cloak [in the way prescribed by the Qur’an] they would pounce on her by saying that she is a slave woman. (Ibn Kathir, Tafsir al-Qur’an al-Azim, vol. 3, [Beirut: Daru’l-Ahya wa al-Turath al-‘Arabi, 1969], p. 518)

He then records the opinion of Mujahid in the following words:

These women would wear cloaks [in the way prescribed by the Qur’an] so that it be known that they are free women and the mischief-mongers would not then harm or tease them. (Ibn Kathir, Tafsir al-Qur’an al-Azim, vol. 3, [Beirut: Daru’l-Ahya wa al-Turath al-‘Arabi, 1969], p. 519)

Evidently, in order to curb this prank of theirs, the Almighty directed believing women to make themselves distinct in appearance from other women so that these people could have no excuse to tease them. This distinction in appearance was to be made by drawing a part of their cloaks in front of them so that it protruded over their bodies.

Moreover, people who have derived the veil from these directives have translated the relevant part as: ‘O Prophet! tell your wives and daughters and the wives of the believers to draw a part of their cloaks over them’. ‘To draw cloaks over their faces’ is an erroneous translation. The directive means that Muslim women should draw a part of their cloaks on them so that these cloaks should dangle in front. Nowhere does the verse says that the face should be covered. In fact, the verse is devoid of the word ‘face’. If the face was required to be covered, words to this effect should have been present: ‘يُغَطِّيْنَ وُجُوْهَهُنَّ’ (yughatina wujuhahunna: they should cover their faces).

It is thus evident from this discussion that the directive given in the verse regarding cloaks and seemingly covering the face has no bearing in any way to directives in general. They only prescribe a way to deal with a particular situation that had arisen in the times of the Prophet (sws).

After dealing with the first question, the following questions which remain are answered through excerpts taken from Javed Ahmad Ghamidi’s ‘Qanun-i-Mu‘asharat’ (The Social Shari‘ah of Islam):

i. Women must not speak in a polite tone with strangers.

ii. Women should primarily be confined to their homes.

iii. Women should be kept secluded except from their immediate relatives.

A deliberation on the contents of Surah Ahzabreveals the fact that when the hypocrites and miscreants mentioned above embarked upon a campaign to scandalize the private lives of the wives of the Prophet (sws) to make the common man averse to them and to damage the moral repute of both Islam and the Muslims, the Almighty took certain measures to curb this evil: First, He gave the noble wives the choice to leave the Prophet (sws) and live the life of common Muslim women enjoying its luxuries and comforts or to once again decide with full awareness to live forever as the wives of the Prophet (sws) in order to obtain the comforts and luxuries of the Hereafter. They were then informed that if they decided to stay with the Prophet (sws), then they must realize that their status as his wives entailed great responsibility. They are not like common women; they are like the mothers of the believers. Therefore, if they remain faithful to Allah and His Prophet (sws) and do righteous deeds with full sincerity, they will earn a two-fold reward. Likewise, they will be worthy of a two-fold punishment in relation to other women if they commit a sin. Their inner purification is beyond doubt; however, the Almighty also wants to morally cleanse them in the eyes of the people so that no one is given a chance to even cast slight aspersions on their characters. This is a requisite of their status and they must adopt certain things in their daily lives to achieve this purity.

 

Firstly, if they are fearful of the Almighty they should not be kind and affectionate in speech to every person who enters their house. Though in normal circumstances, one must be gentle and kind when he speaks to others, but, in the circumstances they are facing, such an attitude would only embolden the miscreants and the hypocrites around them to take undue advantage of them. Such an attitude of kindness would create in them the expectation of success in their mission – the mission of whispering evil in people’s hearts. So if ever they have to talk to such people they must speak in clear and simple tones so that those among their addressees who intend evil realize that they cannot achieve their objective. The Qur’an says:

 

 يَانِسَاءَ النَّبِيِّ لَسْتُنَّ كَأَحَدٍ مِنْ النِّسَاءِ إِنْ اتَّقَيْتُنَّ فَلَا تَخْضَعْنَ بِالْقَوْلِ فَيَطْمَعَ الَّذِي فِي قَلْبِهِ مَرَضٌ وَقُلْنَ قَوْلًا مَعْرُوفًا (32:33)

Wives of the Prophet, you are not like other women. So, if you fear God, do not be too complaisant in your speech, lest the lecherous-hearted should lust after you. Talk with such people in plain and simple words. (33:32)

 

Second, they should remain in their homes in order to protect their rank and status. All their attitudes and mannerisms should be in accordance with the status that the Almighty has conferred upon them. So if they have to go out to meet some compelling need, they must not go out displaying their ornaments and finery – something which was the way of women of the age of ignorance. Both their status and responsibility entail that they remain in their houses and diligently pray and spend in the way of Allah as much as they can and with full sincerity spend their time in obedience to the Almighty and His Prophet (sws). However, if due to some unavoidable reason they must leave their place, then they should do so in the most befitting of manners exemplifying the culture and tradition of the Muslims and not let any hypocrite to even cast an aspersion on them:

وَقَرْنَ فِي بُيُوتِكُنَّ وَلَا تَبَرَّجْنَ تَبَرُّجَ الْجَاهِلِيَّةِ الْأُولَى وَأَقِمْنَ الصَّلَاةَ وَآتِينَ الزَّكَاةَ وَأَطِعْنَ اللَّهَ وَرَسُولَهُ إِنَّمَا يُرِيدُ اللَّهُ لِيُذْهِبَ عَنْكُمْ الرِّجْسَ أَهْلَ الْبَيْتِ وَيُطَهِّرَكُمْ تَطْهِيرًا (33:33)

And abide still in your homes and do not display your finery as women used to do in the days of ignorance. Attend to your prayers, pay Zakah and obey God and His Messenger. O women of this house, the Almighty wants to cleanse you from the filth [these hypocrites want to besmear you with] and to fully purify you. (33:33)

Thirdly, they should try to communicate the verses of the Qur’an as well as the beliefs and moral teachings of Islam to people who come and visit them and refrain from other general gossip. It is for this very objective that the Almighty has chosen them. Their purpose of life now is the dissemination of the message of Islam and not indulgence in the luxuries of life:

وَاذْكُرْنَ مَا يُتْلَى فِي بُيُوتِكُنَّ مِنْ آيَاتِ اللَّهِ وَالْحِكْمَةِ إِنَّ اللَّهَ كَانَ لَطِيفًا خَبِيرًا (34:33)

And Communicate [to your visitors] what is taught to you of the verses of God and the wisdom revealed by Him. The Almighty is very discerning and all-knowing. (33:34)

It seems that even after all these measures, the miscreants did not mend their ways. Consequently, the Almighty gave some more directives to Muslims which were to be strictly followed.

Muslims were told that no one should enter the house of the Prophet (sws) unless he was called. If people are invited to have food at the house of the Prophet (sws), they shall come right at the time of food. They shall then disperse immediately afterwards and not keep talking to one another.

The wives of the Prophet (sws) shall be secluded from the Muslims and except for near relatives and women of their acquaintance no one shall come in front of them. Anyone who wants something from their private places must ask for it from behind a veil.

The wives of the Prophet (sws) shall be the mothers of the believers. Those Hypocrites who have the desire to marry them should know that even after the death of the Prophet (sws) they cannot marry them. They are eternally prohibited for marriage after him. Consequently, every believer should honor and respect them the way he honors and respects his own mother. The Prophet (sws) is greatly distressed by the wrong attitudes of these miscreants. They must know that bothering the Prophet (sws) is not something trivial. A person may fashion out an excuse for his misdemeanor in this world but he would not be successful in justifying it before the Lord of the worlds who is aware of what is in the hearts:

يَاأَيُّهَا الَّذِينَ آمَنُوا لَا تَدْخُلُوا بُيُوتَ النَّبِيِّ إِلَّا أَنْ يُؤْذَنَ لَكُمْ إِلَى طَعَامٍ غَيْرَ نَاظِرِينَ إِنَاهُ وَلَكِنْ إِذَا دُعِيتُمْ فَادْخُلُوا فَإِذَا طَعِمْتُمْ فَانْتَشِرُوا وَلَا مُسْتَأْنِسِينَ لِحَدِيثٍ إِنَّ ذَلِكُمْ كَانَ يُؤْذِي النَّبِيَّ فَيَسْتَحْيِ مِنْكُمْ وَاللَّهُ لَا يَسْتَحْيِ مِنْ الْحَقِّ وَإِذَا سَأَلْتُمُوهُنَّ مَتَاعًا فَاسْأَلُوهُنَّ مِنْ وَرَاءِ حِجَابٍ ذَلِكُمْ أَطْهَرُ لِقُلُوبِكُمْ وَقُلُوبِهِنَّ وَمَا كَانَ لَكُمْ أَنْ تُؤْذُوا رَسُولَ اللَّهِ وَلَا أَنْ تَنْكِحُوا أَزْوَاجَهُ مِنْ بَعْدِهِ أَبَدًا إِنَّ ذَلِكُمْ كَانَ عِنْدَ اللَّهِ عَظِيمًاإِنْ تُبْدُوا شَيْئًا أَوْ تُخْفُوهُ فَإِنَّ اللَّهَ كَانَ بِكُلِّ شَيْءٍ عَلِيمًالَا جُنَاحَ عَلَيْهِنَّ فِي آبَائِهِنَّ وَلَا أَبْنَائِهِنَّ وَلَا إِخْوَانِهِنَّ وَلَا أَبْنَاءِ إِخْوَانِهِنَّ وَلَا أَبْنَاءِ أَخَوَاتِهِنَّ وَلَا نِسَائِهِنَّ وَلَا مَا مَلَكَتْ أَيْمَانُهُنَّ وَاتَّقِينَ اللَّهَ إِنَّ اللَّهَ كَانَ عَلَى كُلِّ شَيْءٍ شَهِيدًا (33: 53-5)

Believers! do not enter the houses of the Prophet for a meal without waiting for the proper time, unless you are given leave. But if you are invited, enter and when you have eaten, disperse. Do not engage in familiar talk, for this would distress the Prophet and he would feel shy to bid you go; but of the truth God does not feel shy. If you ask his wives for anything, speak to them from behind a curtain. This is more pure for your hearts and their hearts. You must not speak ill of God’s Messenger, nor shall you ever wed his wives after him; this would surely be a grave offence in the sight of God. Whether you reveal or conceal them, God has knowledge of all things. It shall be no offence for the Prophet’s wives to come before their fathers, their sons, their brothers, their brothers’ sons, their sisters’ sons, their women of acquaintance, or their slave-girls. [O] women [of the household of the Prophet!], have fear of God; surely God observes all things. (33:53-5)