h2g2 The Hitchhiker's Guide to the Galaxy: Earth Edition

You cover a lot of the stuff which I already knew but I always find difficult to put into words for friends who ask why I am interested in Islam.

I will save this article to read to them!

Thanks.
Ali

No worries, any questions just ask.

Glad I could help

Adib

I agree, a good article. However, my understanding is that part of the problem is interpretation of the various religious texts by different schools of Islamic thought.

Just as the bible has many passages that many moderate Christians would now shy away from (see for example 1 Corinthians 11, which contains statements such as: 'the head of every man is Christ; and the head of every woman is man...'; 'but every woman that prayeth or prophesieth with her head uncovered dishonoureth her head...'(i.e. husband) and should therefore have her hair shaved off; 'Neither was the man created for the woman; but the woman for the man' and; says that women should not be heard in temple) so similar passages exist in Muslim texts. It is in some cases a matter of whether the texts are interpreted literally, textually, or liberally.

To be fair to Muslems from a less moderate and enlightened view point, this should maybe be mentioned.

Thanks for you input,

Unfortunatly adding something on those lines is seen as away to shift blame accross to other relgions and does not deal with the focus of the entry, apparantly.

I originally pointed out that all the crimes that take place in Pakistan etc also take place in India amoungst hindu and sikh communities living there. The reason for this is that they share the same culture, and it is the culture not the relgion supporting these views of women abuse, such as honour killings.

But was told this was not allowed for this entry as it sounds like I'm blaming hindus for it,

So I guess its alright for me to say how Muslims mistreat women due to culture but not to bring to attention that it happens in that whole area of the world through culture. I feel sorry for women living in these parts of the world, at least in Muslim countrise the west acknowledges it is happening.

Adib

I think what I was trying to say is that, like all things, the Quran and other sacred texts can be interpreted differently by different people and groups. This may also lead to some of the different views held by less moderate Islamic countries.

If I were to assert that all Christians believe the Bible means , I would risk not being accurate because different Christian groups read the Bible in a different light. Some believe in the strict historical accuracy of each passage, others believe the passages are more representative or illustrative and it is the morals and values expressed in the stories that are important. At the same time, there are certain things that all Christians believe (Jesus lived, died, and rose again).

I thought you might need to acknowledge somewhere that all things are not black and white, and that sometimes things are shades of grey. I think this can be done without losing the point that you are trying to make: that the Western perception that the Koran condones mistreatment of women is not necessarily correct.

An outstanding analysis of Islamic culture from someone who has lived it personally and spent time thoroughly analyzing his religion. Kudos to you, sir. Far too many people simply follow as blind sheep; few are ready with words and thought for the difficult questions.

What would tie this article together and make it a completely applicable piece for field work is a brief summary of the places that enforce these zealous standards. As you said, there are some countries where women have much more sensible rights and privelages, and some where women are utterly subjugated. For those of us who might want to travel with female friends in those areas, some of the customs and courtesies expected would be wonderful, as well.

I just told you to write a new article, didn't I? Sorry.

-EN

Actually, I have been thinking on these lines....

A new article nooo, an adaption of this one yes.

Adib

I agree, a good article.

However, my understanding is that part of the problem is interpretation of the various religious texts by different schools of Islamic madhab. The predominant being the Sunni - Hanafi in the UK mainly due to the large group of muslims from the Indian Sub-continent (India, Pakistan and Bangladesh).

I must also point out the following fatwa...

Fatwa : Child Custody (Residence) and Contact (Access)

If and when a marriage unfortunately comes to an end, the problems of the parties involved should not in any way affect the children. Children are a trust (amanah) from Allah Most High and they should be treated and looked after in a proper manner.

They have many rights, of which two are of utmost importance: to receive proper care and love, and the other proper upbringing (tarbiyah). These rights of a child can not be fulfilled except with the joint endeavour of the parents. The love, care and attention of the mother is just as important as the upbringing and training of the father.

In light of the above, divorce should definitely be avoided as much as possible, especially in the case where there are children involved. The Messenger of Allah (Allah bless him & give him peace) said:

“Divorce is the most hated of all lawful (halal) things in the sight of Allah.” (Sunan Abu Dawud, no. 2178)

However, if divorce did take place, and both parties demand their rights, then the right of custody will be in the following way. In should be remembered here that there is nothing wrong in making a mutual arrangement, as long as there is no objection from those who have a right to custody:

The mother has a right of custody for a male child until the child is capable of taking care of his own basic bodily functions and needs, such as eating, dressing and cleaning himself. This has been recognized at seven years of age.

Imam al-Haskafi (Allah have mercy on him) states:

“The custody of a male child is the right of the mother until the child is capable of taking care of his own self. This has been approximated at seven years of age, and the Fatwa (legal verdict) has been issued on this age, as normally children are able to take care of themselves at this age.” (See: Radd al-Muhtar, 3/566)

In the case of a female, the mother has this right of custody until she reaches puberty. This has been declared at nine years of age. (al-Mawsili, al-Ikhtiyar li ta’lil al-mukhtar, 3/237)

The right of custody will be taken away from the mother if she:

1) Leaves Islam,

2) Openly indulges in sins such as adultery and there is a fear of the child being affected,

3) She does not attend to the child due to her leaving the house very often,

4) She marries a non-relative (stranger) to the child by which the child may be affected,

5) She demands payment for the upbringing of the child if there is another woman to raise the child without remuneration.

In the above cases (when the mother no longer has the right to custody), this right then transfers to the following, in order:

a) Maternal grandmother, and on up;

b) Paternal grandmother, and on up;

c) Full sisters,

d) Maternal half sisters,

e) Paternal half sisters,

f) Maternal aunts,

g) Paternal aunts,

After all the avenues of the female have been exhausted as explained by the Jurists, the males have the right of custody in the following sequence:

a) Father,

b) Paternal grandfather,

c) Real brother,

d) Paternal brother,

e) Maternal brother,

The reason for this is that, in the early years, the mother and the other female relatives are more suitable for raising the young child (regardless of sex) with love, mercy, attention, and motherly care. The male child after reaching the age of understanding (7) is in need of education and acquiring masculine traits, which is why he is then transferred to the father. The female child, after reaching the age of understanding is in need of being inculcated with female traits, which she receives by living with her mother. After reaching puberty, she is in need of protection which the father offers.

In a Hadith recorded by Imam Abu Dawud in his Sunan, the Messenger of Allah (Allah bless him & give him peace) said to a woman who complained that her husband was intending to take her child away from her: “You are more rightful of the child as long as you don’t marry.” (Sunan Abu Dawud, no. 2276 & Mustadrak al-Hakim, 2/207)

It should also be remembered that after the transferral of custody from the mother to the father, the boy remains in the custody of the father until puberty, at which point, if he is mature and wise, he is free to choose with whom to live, or to live on his own. As for the girl, custody remains with the father until she marries. (See: Qadri pasha, Hanafi articles, 498 & 499)

Irrespective of who (mother/father) has the right of custody, the other party has visitation rights according to mutual understanding and consent. Generally, the party having the rights of custody use the child as a weapon to punish the other party by depriving them of visitation rights. This is totally against the concept of Islam and a severe, brutal and grave sin indeed, and also very harmful to the child. Unfortunately, many so called “religious” people are also involved in this heinous act.

At all times, the father of the child is responsible for maintaining the child; in the case of a female, until she marries; while in the case of a healthy male, until he reaches maturity. In the case of a disabled child (male or female) the father is permanently responsible.

When the mother has the rights of custody but does not have a shelter to stay in with the child, the father must provide shelter for both. (See: Radd al-Muhtar of Ibn Abidin).

And Allah Knows Best
Muhammad ibn Adam
Darul Iftaa
Leicester , UK
http://www.daruliftaa.org Institute of Islamic Jurisprudence

This has not been dealt with in the article but due to the publicity of "Fathers 4 Justice" and Bob Geldof, it needs to come to light for fellow sisters to follow the correct procedure.

In deed your correct, thanks for bringing it up. If I reemeber rightly once the child has reached the point of maturity the child its self can decide whoim to live with, i.e Mother or Farther, according to some schools of thought.

Adib

unfortunately upbringing of a cxhild is the conditioning that can shape his future life

which is why in Islam there are many lawes to make sure children are given a good upbringing.

Adib

Brilliant article! Nice one!

thanks, glad you liked it.