Session Details
Guest Name Amatullah Abdullah  
Profession Editor, writer
Subject Muslim Women & the Family Law in India
Date Tuesday,Dec 13 ,2005
Time Makkah
From
... 10:30...To... 16:03
GMT
From
... 07:30...To...13:03
 
 

I




 
Name
Jemila    - 
Profession Business woman
Question There seems to be a great difference between the family law courts, those who make spontaneous fatwas for any given situation (like Imrana), Personal Law and Family Law in India. Please could you explain?

Answer As salamu `alaykum,

In Islam, both dunya(worldly) knowledge and religious knowledge are essential according to Islam. Both are inter-related. Having worldly knowledge helps one to appreciate and understand Allah’s Creation, His attributes, His Word and His Prophet. Acquiring religious knowledge helps us live better in this world, and to understand it more completely. Both depend on each other, it is really not wise to segregate knowledge into two different things.

Maulana who gives fatwas should be educated in bothe wordly knowledge as well as Shari`ah. According to Islam we ( Qhadhi's or Maulana who is the head) should examine the circumstances of the incidents before passing a Fatwa, but these fatwas which they give are purely based on their bookish knowledge, they have failed to examine real life situations.

 
Name
Johanna    - 
Profession teacher
Question As salamu `alaykum Ms.

Could you please up date us on the Imrana case? And there was another case with Jahanara. Actually, what is the background? Our reports mainly come from the western media which did well to convey a bad picture.
Answer As Salamu `alaykum,

The news here is also tainted. The media exaggerates the case of Muslim women. There are many Muslim women who are caught in these situations which is aganist Islam. This is mainly due to their lack of knowledge on Islam. These kinds of "Muslims" still live in the age of Jahiliyyah ( Age of Darkness).


Jahanara's Case is similar to Imrana's case :

A traditional Muslim court in Assam's Nagaon district has asked a 20-year old woman to divorce her husband after her father-in-law reportedly raped her. The court was approached by the woman's husband.

"I have been raped in that house. I am not going to go there again," said Jahanara, the victim.

The incident occurred on May 25 when Jahanara's husband and mother-in-law had gone to Dimapur. Neighbours say they were aware of the father-in-law's advances.

"I heard about it. That night we knew that the man was abusing her," a neighbor said. "We came to know that he had indeed molested her and even tried to strangulate her," said a relative.

Jahanara has now filed an FIR and is now living with her parents, having refused to return to her in-laws' house.

Meanwhile, her husband has rejected the talaq, defying the local Muslim court more>>>


 
Name
yasmeen    - Belgium
Profession nurse
Question
As salamu `alaykum,

If a husband does not want to have children with his wife because he doesn't feel that she will raise them the way he wants grounds enough for divorce?

He refuses to talk about having children, or the expectations he has. Both of us have discussed separating because of other issues, but when he said that he didn't want kids because he isn't sure I can do what he wants, I have lost interest in making it work - I am young and want to have a family.

Answer
As salamu `alaykum sister,

Sister I know this must be really hard for any woman to be in your situation. I personally would feel the same way as you do.

In Islam, marriage is a very sacred contract. There should be tranquility in the relationship.Islam strongly recommends communication between spouses.

Yes in Islam a woman has all rights to divorce her husband but we need to see to it that we have taken all measures to save the marriage first. I think, you should first try to educate him with the sayings of Prophet Muhammed (saw) regarding family life.

I am sure you know your situation better than all of us, so before taking any decisions, please pray two rakats of Istikhara and go ahead.

`In sha'Allah Allah will make your life easy.



 
Name
Hwaa    - 
Profession educationalist
Question As salamu `alaykum wa rahmatullahi wa barakatuh sister Amatullah.

Could you tell us some more about the situation for Muslim women in India? the press has said much that gives the impression that Indian Muslim women are worse off than women in the rest of the world. How true is this and if it is not true what is the reality for Indian Muslim women - or is this just another generalization?

Answer As salamu `alaykum wa rahmatullahi wa barakatuh,

Well it is true that Indian Muslim woman have become victims of culture. Even I have witnessed and experienced the efects of culture. Life is a jihad (struggle) for most of us.

Culture has crept into Islam so much that there are many woman who are ignorant thinking that this 'culture' is Islam. Those who have realized or discovered Islam and who have understood the horrible side of culture are struggling in their day-to-day life.

But I would say this is just not confined to Indian Muslim women alone. Muslim women all over the world have become victims of culture.

As I have mentioned earlier the media always exaggerates and generalizes the actual situation. Al hamdu Lillah! Now some Muslims have started realizing their responsibilities and are demanding their rights too. It may not be easy for them to get their rights, but if they are strong and firm in implementing Allah's word , `In sha'Allah it will come to them very soon. Because Allah says in the Qur'an

"Do not lose heart and do not grieve. You will be the uppermost if you are believers" (`Alay e-Imran 3: 139).

It is time for us to stop turning a blind eye to all this and start doing something about it . After all, Allah commands us in His Qur’an to "stand out for justice, even if it is against yourselves."

"O ye who believe! stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts), lest ye swerve, and if ye distort (justice) or decline to do justice, verily Allah is well- acquainted with all that ye do." (`Alay e-Imran, 4:135)



It is time for believing men and women to stand up and protect our sisters, while educating these brothers about the true Sunnah of the Prophet (saw)!!

I would like to add one more thing that there is nothing wrong in a culture as long as it does not contradict the Qur'an and Sunnah. We fight only against those practices which goes against Islam.
 
Name
Nur    - Egypt
Profession doctor
Question
You refer to women who live in a state of ignorance - please could you explain?

Answer
As salamu `alaykum,

The women who live in a state ignorance are women who are not aware of Islam ( Qur'an and Sunnah) and they are also not aware of their own rights which Islam has given them. Most of them hardly attend schools after primary level. These women and types of people close their eyes to reality and are reluctant to come out of their own cultural world. That is why people tend to subjugate them. Some people here think that Islam is all about haviing children and being confined to their homes.

Yet there is another class of Muslims who compete with the non-Muslims to a higher degree in this world. This category is totally ignorant of the Hereafter and they think our relationship to God is only prayers and they think Islam does not care about things that is connected to their daily life. They follow their own whims and fancies in these matters. These people have become slaves to their desires. They fail to understand that:

Islam is a way life and every act with the right intention and done in the right way becomes an act of worship. It guides us how to live our lives.

We ask Allah to grant us the right knowledge and make all of us steadfast in the religion and grant us success in this world and the Hereafter.

 
Name
Mona    - Egypt
Profession Doctor,
Question
How can a good Muslim woman marry a man with lesser knowledge and practice of religion. How can a woman like this keep the balance between:

  • Being a good wife

  • Preserving her faith

  • Raising her children in deen without being influenced by his poor practice in deen?



  • Answer
    As salamu `alaykum
  • wrwb,

    Firstly,we need to know whether you are married or unmarried.If you are unmarried then the problem is simple. You must choose a person who has good Islamic knowledge and who is compatible with you in his ideas.

    If you are married then,things have to be sorted out in a different way.

    1) To be a good wife, you need to follow this hadith which the Prophet (saw) said
    "the greatest blessing gor a man is a wife who gives him pleasure when ever he sees her, and she guards his wealth and honor
    . She must help him to strenghthen his iman and taqwa

    We must inculcate this character in us.

    2) No matter what the circumstances are, she must be steadfast with the Qur`an and Sunnah. As a wife,The easiest way to preserve her faith is by educating the husband about Islam.

    3) This is connected to your second question, how to preserve faith and bringing up children along Islamic lines depends upon educating the husband. Because if a man (head of the family) changes, he influences the whole family, but that's not the same with the woman, she has to strive hard.

    Just because you are a home-maker, you need not be confined within four walls, nor should you ignore your family too. You can balance your life by setting a time-table for yourself,devoting time to fulfilling your responsibilities at home and to the society.

  •  
    Name
    Dawn    - Germany
    Profession social worker
    Question
    Do you consider women whose rights have been abused to be ignorant?

    Answer
    As salamu `alaykum,

    If a woman who is trying to impliment her God given right and she is abused for that, then she cannot be called ignorant. She is a victim of an ignorant society.

    Personally I have experienced this too. When I tried to implement my God given rights, people ignored (or I can even say) neglected it. So you see the whole society should be reformed. Only then one can live in peace `in sha'Allah.



     
    Name
    Israa`    - 
    Profession Student
    Question Is it true that non-Muslims in India abort the female fetus before they are born? Does it apply to Muslims in India? If it does, what is the role they play in educating people about how grave this big sin is knowing that Prophet Muhammed (pbuh) had many girls.

    Answer As salamu `alaykum,

    Yes it is true that great number of people indulge in this grave sin. Even some Muslims do that. The goverment has passed a law that the sex of the child should not be revealed till the baby's birth and alhamdu lillah after the passing of this law the crime rate has decreased.

    Measures are being taken by Islamic organizations to educate the importance of the right to life.

    We ask Allah to give hidaya (guidance) to all of us, help us to help each other and realize the importance of the female child. Ameen

    -----------------------

    Shukrillah to our guest Amatullah `Abdullah and to our guests.

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    {Invite (mankind, O Muhammad ) to the Way of your Lord (i.e. Islam) with wisdom (i.e. with the Divine Inspiration and the Qur'an) and fair preaching, and argue with them in a way that is better. Truly, your Lord knows best who has gone astray from His Path, and He is the Best Aware of those who are guided.}
    (Holy Quran-16:125)

    {And who is better in speech than he who [says: "My Lord is Allah (believes in His Oneness)," and then stands straight (acts upon His Order), and] invites (men) to Allah's (Islamic Monotheism), and does righteous deeds, and says: "I am one of the Muslims."} (Holy Quran-41:33)

    The prophet (peace and blessings of Allah be upon him) said: "By Allah, if Allah guides one person by you, it is better for you than the best types of camels." [al-Bukhaaree, Muslim]

    The prophet (peace and blessings of Allah be upon him)  also said, "Whoever calls to guidance will have a reward similar to the reward of the one who follows him, without the reward of either of them being lessened at all."
    [Muslim, Ahmad, Aboo Daawood, an-Nasaa'ee, at-Tirmidhee, Ibn Maajah]
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