I posted this from a WHO report in domestic violence earlier this week.
And I responded to this twice:
http://www.islamicboard.com/242350-post34.html
http://www.islamicboard.com/221874-post42.html
How are they hopeless? Ruth Bader Ginsburg sits on the Supreme Court. She did not get there because she was pretty. She did not get there by flaunting herself. She got there because she is smart, educated and hard working. Not because she was someone's sister. Where is the Muslim equivalent?
The list of Muslim women who were jurists is endless.
A brief sample.
In the West what seems normal in Muslim society would be called false imprisonment and result in a jail term.
Again your erroneous generalizations. I wonder how many Muslim societies you have lived in to make a claim that it is normal for women to be imprisoned in their houses? Or is this another media-based fallacy?
Yes. But what is within the boundaries of Islam? A wife has to protect her husband's honor and belongings no? Cana husband interpret that to mean she cannot go out to work? Does a woman need her husband's permission to work in Islam or at least the Saudi interpretation of Islam? Aren't women required to obey their husbands in everything not forbidden by Islam?
The position of the husband in Islam is not that of a dictator who can order the wife to do whatever he pleases. The wife and husband are to maintain the house according to mutual consultation. As the Prophet Muhammad pbuh said:
Consult with women. Indeed, you have some rights over your women and they have some rights over you. (Sunan Ibn Majah and Sunan At-Tirmidhi)
None but a noble man treats women in an honourable manner. And none but an ignoble treats women disgracefully. (Sunan At-Tirmidhi)
Thus, a husband and wife should cooperate and both agree on what is best for the family. If they are doing things against the will of eachother, then such a marriage will not be productive in any society, regardless of their religioin.
So no. She can petition a Court to grant her a divorce. Does that happen a lot in Saudi Arabia - courts giving divorces?
The woman's choice in divorce is something that has already been established by the Prophet Muhammad pbuh himself:
Bareerah’s husband was a man named Mugheeth. When Bareerah came to the Prophet for a divorce, Mugheeth came running behind Bareerah and weeping with his tears flowing down his beard. The Prophet said to ‘Abbaas, “O Abbas, are you not astonished at the love of Mugheeth for Bareerah and hatred of Bareerah for Mugheeth?” The Prophet P said to Bareerah, “Why don’t you return to him?” She said, “O Messenger of Allah, are you commading me to do so?” He said, “No I only intercede for him”. She said, “Then I am not in need of him.” (Sahih Bukhari)
Here we have a case where there was no abuse or ill-treatment, but the wife simply did not want to stay with her husband any longer for whatever reason. The Prophet Muhammad pbuh allowed her the divorce and did not prevent her.
And yes, this is also carried out in Saudi courts.
Question: If a woman wants a khul` separation because of her husband’s neglect and bad treatment, and he refuses to grant her request, can the judge force him to grant her a khul`?
Answered by Sheikh Hânî al-Jubayr, judge at the Jeddah Supreme Court
A khul` separation takes place by agreement between the husband and the wife. However, if a woman’s life with her husband becomes unbearable for some reason and her husband refuses to divorce her willingly or accept a khul` resolution, she may take her case before a judge who could terminate their marriage contract if he thinks there are valid reasons to justify it.
In case the husband leaves his wife for a long time and the wife suffers from his absence on account of lack of financial support or lack of fulfillment of her physical needs, she may request the judge to terminate her marriage.
Allah says: “For those who take an oath for abstention from their wives; a waiting for four months is ordained; if then they return, Allah is oft-forgiving, most merciful. But if their intention is firm for divorce, Allah hears and knows all things.” [Sûrah al-Baqarah: 226-227].
In this case, the judge will summon the husband to attend the court and offer him a choice whether to divorce his wife or fulfill his marriage obligations. In case he refuses to do either, the judge will nullify the marriage.
And from Shaykh Munajjid commenting on another divorce narration:
The evidence for that from the Sunnah is that the wife of Thaabit ibn Qays ibn Shammaas (may Allaah be pleased with him) came to the Prophet (peace and blessings of Allaah be upon him) and said, “O Messenger of Allaah, I do not find any fault with Thaabit ibn Qays in his character or his religious commitment, but I do not want to commit any act of kufr after becoming a Muslim.” The Prophet (peace and blessings of Allaah be upon him) said to her, “Will you give back his garden?” Because he had given her a garden as her mahr. She said, “Yes.” The Prophet (peace and blessings of Allaah be upon him) said to Thaabit: “Take back your garden, and divorce her.”
(Narrated by al-Bukhaari, 5273).
From this case the scholars understood that if a woman cannot stay with her husband, then the judge should ask him to divorce her by khula’; indeed he should order him to do so.
And from Shaykh Abdullah ibn Abdur-Rahman Ibn Jibreen:
Question: Is it possible for the wife to get a khula even if the husband will not agree to it? Can you mention some reasons ?.
Answered by Shaykh ‘Abd-Allaah ibn ‘Abd al-Rahmaan ibn Jibreen
If a woman dislikes her husband’s treatment of her – for example, he is over-strict, hot-tempered or easily-provoked, or gets angry a lot, or criticizes her and rebukes her for the slightest mistake or shortcoming, then she has the right of khula’ [female-instigated divorce].
If she dislikes his physical appearance because of some deformity or ugliness, or because one of his faculties is missing, she has the right of khula’.
If he is lacking in religious commitment – for example, he doesn’t pray, or neglects to pray in jamaa’ah, or does not fast in Ramadaan without a proper excuse, or he goes to parties where haraam things are done, such as fornication, drinking alcohol and listening to singing and musical instruments, etc. – she has the right of khula’.
If he deprives of her of her rights of spending on her maintenance, clothing and other essential needs, when he is able to provide these things, then she has the right to ask for khula’.
If he does not give her her conjugal rights and thus keep her chaste because he is impotent (i.e. unable to have intercourse), or because he does not like her, or he prefers someone else, or he is unfair in the division of his time [i.e., among co-wives], then she has the right to ask for khula’.
And Allaah knows best.
I have time. Who are the important Muslima writers. Feel free not to restrict yourself to Saudi Arabia.
For those you can find online, there is
Amatullah Abdullah and
Aisha Bewley, the latter being one of the most prolific translators of arabic books, besides writing her own books as well.
Regards
