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Islam and Preservation of Human Life

Physical Security and Protection

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One’s soul or own body is a sacred entity entrusted to him by God on a temporary basis.

Human life is sacred and a gift from Allah, the Creator. For the protection of human life Islam has legislated capital and corporal punishments and retribution unto those transgressing criminals who murder and physically harm others. Killing falls into three types: intentional and/or premeditated murder,manslaughter, and total mistake.

Islam commands the execution of anyone who commits premeditated murder of an innocent person, seeking to place as strong a deterrent as possible to eradicate the temptation of intentional murder.

Unintentional manslaughter and mistaken killings are separate categories with separate lesser sentences and blood money is paid to the close relatives of the victim. The family or the heirs of the killed victim are given a diyyah (blood money) unless they choose to forgive the killer. The killer must repent to Allah and make atonement by the freeing a Muslim slave, and if this is not possible, by fasting for two consecutive months.

All such penalties are for preservation of life. No one has the right to possessions or estate without legitimate cause. All oppressive or abusive must be warned against unjust killing, victimizing or harassing other innocent members of the Islamic society, and these strict punishments should be made clear. If the retaliation is not similar to the crime itself, criminals become emboldened in their criminal activities.

All other corporal punishments have the same rationale, wherein the punishment is proportionate to the crime with specific measurements of retribution predetermined to stop all arguments and confusion.

All capital and corporal punishments are oriented for the preservation of human life and property in an Islamic society. Allah, the Exalted, states in the Qur’an:

And there is (a saving of) life for you in al-qisas (the law of equality in punishment), O men of understanding,that you may become pious. (Al-Baqarah 2:179)

The penalty of the Hereafter for the intentional murderer who does not repent will be the wrath of Allah. Allah, the Exalted, states in the Qur’an:

If a man kills a believer intentionally, his recompense is Hell, to abide therein (forever): and the wrath and the curse of Allah are upon him, and a dreadful penalty is prepared for him. (An-Nisaa’ 4:9)

Prescribed Duties

Islam has imposed certain specific duties on everyone in respect to protection of human life. The following are some of these duties:

1-Man does not own his soul or his own body: rather it is a sacred entity entrusted to him on a temporary basis. It is not allowed for anyone to intentionally torture or harm himself, or carry-out any type of suicidal crime or reckless act leading to his destruction.

Life is only given in sacrifice for the cause of Allah. Allah says:

O you who believe! Eat not up your property among yourselves unjustly: but let there be among you trade by mutual good-will: nor kill (or destroy) yourselves: for verily Allah has been to you Most Merciful! (An-Nisaa’ 4:29)

2-Man must maintain proper nutritional care to satisfy the minimum requirements essential for decent health. He is not allowed to deprive himself of permissible food, drink, clothing, marriage and proper care under any pretexts, if that causes him harm. Allah, the Exalted, states in the Qur’an:

Say: Who has forbidden the beautiful (gifts) of Allah,which He has produced for His servants, and the things,clean and pure, (which He has provided) for sustenance?
Say, they are, in the life of this world, for those who believe, (and) purely for them on the Day of Requital.
Thus do We explain the signs in detail for those who understand.
(Al-A`raf 7:32)

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Man may enjoy the lawful bounties offered by Allah to man on earth in moderation within the limits of the Islamic laws and without wastage

Halal in Moderation

Allah, the Exalted, admonished the Prophet (peace be upon him) when he abstained from eating honey in order to please one of his wives, and this became an eternal lesson for all Muslims. Allah states in the Qur’an:

O Prophet! Why do you make forbidden that which Allah has made lawful to you? You seek to please your wives but Allah is Oft-Forgiving, Most Merciful. (At-Tahrim 66:1)

Moderation is between stinginess and extravagance. Man may enjoy the lawful bounties offered by Allah to man on earth in moderation within the limits of the Islamic laws and without wastage. Allah states in the Qur’an:

O Children of Adam! Wear your beautiful apparel at every time and place of prayer: eat and drink: but waste not by excess, for Allah loves not the wasters. (Al-A`raf 7:31)

It is forbidden to neglect the physical needs of the body and cause harm through negligence or self-torture:

On no soul does Allah place a burden greater than itcan bear. It gets every good that it earns, and it suffers every ill that it earns. (Al-Baqarah 2:286)

It is reported that Anas ibn Malik (may Allah be pleased with him) said that, “Three men came to the Prophet’s (peace be upon him) mosque to inquire about the worship of the Prophet. When they were informed, they considered their worship insignificant and said: ”Where are we in comparison with the Prophet while Allah has forgiven his past sins and future sins“. One of them said: ”As for me, I shall offer salah all night long.” Another said:”I shall observe sawm (fasting) continuously and shall not break it”. The third one said: ”I shall abstain from women and shall never marry.”

The Prophet came to them and said,“Are you the people who said such and such things? By Allah, I fear Allah more than you do, and I am the most obedient and dutiful among you to Him, but still I observe fasting and break it; perform salah and sleep at night and take wives. So whoever turns away from my Sunnah does not belong to me.” (Al-Bukhari and Muslim)

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The article is an excerpt from the author’s Human Rights in Islam and Common Misconceptions.

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Family New Muslims

Rights of the Muslim Woman: The Daughter and the Wife

By Dr. Jamal Badawi 

Woman as a Daughter

1- The Qur’an ended the cruel pre-Islamic practice of female infanticide(wa’d):

Rights of the Muslim Woman- The Daughter and the Wife

Parents are duty-bound to support and show kindness and justice to their daughters.

When the female (infant) buried alive is questioned for what crime she was killed…. (At-Takwir 81:8-9)

The Qur’an went further to rebuke the unwelcoming attitude of some parents upon hearing the news of the birth of a baby girl, instead of a baby boy:

When news is brought to one of them of (the birth of) a female (child), his face darkens and he is filled with inward grief! With shame he hides himself from his people because of the bad news he has had! Shall he retain her on (sufferance and) contempt or bury her in the dust? Ah! What an evil (choice) they decide on! (An-Nahl 16:58-59)

3- Parents are duty-bound to support and show kindness and justice to their daughters. Prophet Muhammad (peace be upon him) said:

Whosoever has a daughter and does not bury her alive, does not insult her, and does not favor his son over her, Allah will enter him into paradise. (Ahmad)

Whosoever supports two daughters until they mature, he and I will come on the day of judgment as this (and he pointed with his two fingers held together). (Ahmad)

4- A crucial aspect in the upbringing of daughters that greatly influences their future is education. Education is not only a right but a responsibility for all males and females.

Prophet Muhammad said, “Seeking knowledge is mandatory for every Muslim”. (Al-Bayhaqi and Ibn-Majah)

(The word “Muslim” here is inclusive of both males and females.)

As a Wife

1- Marriage in Islam is based on mutual peace, love and compassion, and not the mere satisfying of human sexual desire.

And among His Signs is this, that He created for you mates from among yourselves that you may dwell in tranquility with them, and He has put love and mercy between your (hearts); verily in that are signs for those who reflect. (Ar-Rum 30:21)

(He is) the Creator of the heavens and the earth: He has made for you pairs from among yourselves and pairs among cattle: by this means does He multiply you: there is nothing whatever like unto Him and He is the One that hears and sees (all things). (Ash-Shura 42:11)

Marriage and Divorce

2- The female has the right to accept or reject marriage proposals.

Her consent is a prerequisite to the validity of the martial contract, according to the Prophets’ teaching. It follows that if an “arranged marriage” means the marrying of a female without her consent, then such a marriage may be annulled if the female so wishes:

Ibn `Abbas reported that a girl came to the Messenger of Allah, and she reported that her father had forced her to marry without her consent. The Messenger of God gave her the choice… (between accepting the marriage or invalidating it. (Ahmad)

Another version of the report states that the girl said: “Actually, I accept this marriage, but I wanted to let women know that parents have no right to force a husband on them.” (Ibn-Majah)

3- The husband is responsible for the maintenance, protection, and overall leadership (qiwamah) of the family, within the framework of consultation and kindness. The mutuality and complementarity of husband and wife does not mean “subservience” by either party to the other. Prophet Muhammad helped with household chores although the responsibilities he bore and the issues he faced in his community were immense.

The mothers shall give suck to their offspring for two whole years, if the father desires to complete the term. But he shall bear the cost of their food and clothing on equitable terms. No soul shall have a burden laid on it greater than it can bear.  No mother shall be treated unfairly on account of her child, nor father on account of his child. A heir shall be chargeable in the same way. If they both decide on weaning by mutual consent, and after due consultation, there is no blame on them. If you decide on a foster-mother for your offspring, there is no blame on you, provided you pay (the mother) what you offered on equitable terms. But fear Allah and know that Allah sees well what you do. (Al-Baqarah 2:233)

Prophet Muhammad instructed Muslims regarding women,

“I commend you to be kind to women.” (Al-Bukhari) He said also, “The best of you is the best to his family (wife).” (An-Nawawi in his book Riyad As-Saliheen)

The Qur’an urges husbands to be kind and considerate to their wives, even if a wife falls out of favor with her husband or disinclination for her arises within him. It also outlawed the pre-Islamic Arabian practice whereby the stepson of the deceased father was allowed to take possession of his father’s widow(s) (inherit them) as if they were part of the estate of the deceased:

O you who believe! You are forbidden to inherit women against their will. Nor should you treat them with harshness, that you may take away part of the marital gift you have given them, except when they have been guilty of open lewdness; on the contrary, live with them on a footing of kindness and equity. If you take a dislike to them, it may be that you dislike a thing through which Allah brings about a great deal of good. (An-Nisaa’ 4:19)

4- Should marital disputes arise, the Qur’an encourages couples to resolve them privately in a spirit of fairness and probity. Under no circumstances does the Qur’an encourage, allow, or condone family violence or physical abuse.

In extreme cases, and whenever greater harm, such as divorce, is a likely option, it allows for a husband to administer a gentle pat to his wife that causes no physical harm to the body nor leaves any sort of mark. It may serve, in some cases, to bring to the wife’s attention to the seriousness of her continued unreasonable behavior  (refraction), and may be resorted to only after exhausting other steps discussed in endnote.

If that mild measure is not likely to prevent a marriage from collapsing, as a last measure, it should not be resorted to. Indeed, the Qur’an outlines an enlightened step and a wise approach for the husband and wife to resolve persistent conflict in their martial life: In the event that disputes cannot be resolved equitably between husband and wife, the Qur’an prescribes mediation between the parties through family intervention on behalf of both spouses.

5- Divorce is a last resort, permissible but not encouraged, for the Qur’an esteems the preservation of faith and the individual’s right – male and female alike – to felicity. Forms of marriage dissolution include an enactment based upon mutual agreement, the husband’s initiative, the wife’s initiative (if part of her martial contract), the court’s decision on a wife’s initiative (for a legitimate reason) and the wife’s initiative without a “cause” provided that she returns her marital gift to her husband (khul` or divestiture).

6- Priority for the custody of young children (up to the age of about seven) is given to the mother. A child later may choose the mother or father as his or her custodian.

Custody questions are to be settled in a manner that balances the interests of both parents and the well-being of the child.

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The article is an excerpt from the author’s “Gender Equity in Islam: Basic Principles”.

 

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