Re: The Woman as Daughter
The Woman as Daughter
In pre-Islamic times, the Arabs used to be disheartened and annoyed with the birth of girls, so that a father, when informed his wife had given birth to a girl, said, "By Allah she is not as blissful as a son; her defence is crying and her care is but stealing!" He meant she could not defend her father and her family except by screaming and crying, not by fighting and carrying arms. She also cannot be good to them and care for them except by taking from her husband's money to give to her family. Their traditions allowed the father to bury his daughter alive for actual poverty, or for expected poverty, or out of fear of a disgrace she might bring upon them when she grew up. In that context, the Qur'an says, denouncing and derogating them: "And when the female (infant) buried alive (as the pagan Arabs used to do) shall be questioned. For what sin was she killed? [Surah 81:8-9]
The Qur'an also describes the condition of fathers when daughters are born: "And when the news of (the birth of) a female (child) is brought to any of them, his face becomes dark, and he is filled with inward grief ! He hides himself from the people because of the evil of that whereof he has been informed. Shall he keep her with dishonour or bury her in the earth? Certainly, evil is their decision".
Some ancient laws gave the father the right to sell his daughter if he wished, while others allowed him to hand her to another man who would either kill her or own her if the father killed the other man's daughter.
When Islam was revealed, it decreed a daughter-like a son-was a gift from Allah, to be granted to whomever Allah wishes of His worshippers:
"He bestows female (offspring) upon whom He will, and bestows male (offspring) upon whom He will Or He bestows both male and females, and He renders barren whom He wills. Verily, He is the All-Knower and is Able to do all things.
The Qur'an has illustrated in its parables how some of the daughters could be more remarkable in their influence and more immortal in memories than many male offspring. We have a good example in the story of Mary, daughter of `Imran, who was chosen by Allah from all other women and purified. Her mother who bore her had wished the child to be a male to serve Allah and to be of the righteous:
"(Remember) when the wife of `Imran said: "O My Lord! I have vowed to You what (the child that) is in my womb to be dedicated for Your services (from all worldly work; to serve Your Place of worship), so accept this, from me. Verily, You are the All-Hearer, the All-Knowing." Then when she delivered her (child Mary), she said: "O My Lord! I have delivered a female child, **"-And Allah knew better what she delivered,- "And the male is not like the female, and I have named her Mary, and I seek refuge with You (Allah) for her and for her offspring from Satan, the outcast."** So her Lord (Allah) accepted her with a goodly acceptance. He made her grow in a good manner.
The Qur'an led an uncompromising campaign against those cruel people who kill children-whether male or female. Allah says in the Qur'an: " Indeed lost are those who have killed their children from folly, without knowledge". [Surah 6:140] And He says: "** And kill not your children from fear of poverty. We provide for them and for you. Surely, the killing of them is a great sin. **
The Prophet (blessings and peace be upon him) of Islam made Paradise the recompense of every father who conducts himself well with his daughters, has patience in raising them, provides their moral education, and observes Allah's commands concerning them until they come of age or until his . The Prophet (blessings and peace be upon him) made the place of the father in Paradise next to him. Muslim has transmitted on the authority of Anas:
"the Prophet (blessings and peace be upon him) said, `Whoever sustained and protected two slave-girls until they came of age, on the Day of Judgement, he and I will be and then he put his two fingers together."
Some prophetic traditions stated that such a recompense-i.e. admittance to Paradise-is also granted to the brother who sustains and protects his sisters (two or more). Other traditions stated that these heavenly rewards are granted to anyone who treats the female sex well, even if she is one.
On the authority of Abu Huraira:
"The Prophet (blessings and peace be upon him) said, **Whoever had three daughters and showed patience in their keeping, their pleasure and displeasure, Allah admits him to Paradise for his mercy over them. A man asked,And what about two daughters, O Messenger of Allah? He said, And two daughters as well." Another asked,O Messenger of Allah, what about one daughter?" He said, `And one daughter as well".** Transmitted and its authority amended by Al-Hakim, agreed upon by Al-Zahaby, 4/176]
Ibn `Abbas recounted, "Whoever had a female who was not buried nor insulted by him, and had not preferred his male children to her, Allah admits him to Paradise. Transmitted by Abu Dawud, 5/5146; and Al-Hakim who corrected it 4/177, approved by Al-Dhahaby.]
With these open and authentic texts, with the enhanced and repeated good news, the birth of girls is no longer a fearful burden nor is it a bad omen. On the contrary, it is a blessing to be thanked for and a mercy to be desired and requested because it is a blessing of the Almighty and a reward to be gained.
In that way Islam nullified forever the custom of burying girls who now have a great place in the heart of the father.
This is shown in what the Prophet (greetings and peace be upon him) says about his daughter Fatima, "Fatima is part of me; what makes her angry, makes me angry". Transmitted by Al-Bukhari, And, "Fatima is part of me, what makes me sad, makes her sad, and what pleases me, pleases her". And "`surely my daughter is part of me; I fear what frightens her, and I am harmed by what harms her". Transmitted by all the six. See The Concise Book of Traditions (Mukhtassar As-Sunna)by Al-Munzery, Hadith (1987).]
As to the father's control over his daughter, it does not exceed the limits of moral education, exactly as her brothers. He asks her to pray when she is seven, but raps her if she does not pray when she reaches ten. He has to separate her and her brothers at that age They should not sleep together in the same bed or bathe together as little children do.] and obliges her to follow the Islamic code of conduct in dressing, adornment, going out and talking. Her upkeep is obligatory on him according to his religion and law until she marries. He does not have the power to sell her or make her the property of another man by any means. Islam has annulled the selling of free persons, whether male or female, in any form. If a freeman bought or owned a daughter who had been a slave for another, she should be freed as soon as he owned her, whether he likes it or not, according to Islamic Law.
If the daughter has her own money, the father should keep it for her. A father is forbidden to marry his daughter to another man in exchange for being allowed to marry that man's daughter, which is called in jurisprudence as a "vacant marriage" due to its lack of dower, which is the right of the daughter, not the father.
In addition, the father has not got the right to marry his daughter to a man she hates and does not approve of. He must have her opinion of the man she is going to marry, whether she agrees or disagrees. If she has been married before, she has to utter her consent clearly. If she is a virgin and overcome by shyness, it is enough to listen to her silence, which is a sign of consent. If she says, "No," then he has no power to force her to marry someone she does not want.
unless she gives her consent, nor the virgin until she is asked permission.
They asked, O Messenger of Allah, how can she give her permission? He said, By her silence". [Agreed upon The Pearl and the Coral (Al-Lu'lu' wal-Marjan) (895)]
For that reason the learned say that the virgin should know that her silence is permission. On the authority of Khansaa" bint Khaddam Al-Ansari said: "her father got her married though she was not a virgin, and she hated her marriage. When she went to the Prophet (greetings and peace be upon him), he annulled the marriage. [Transmitted by all except Muslim.]
Obviously, the Prophetic Traditions illustrate permission for both the virgin and the woman who was married before as a condition of the marriage contract. If the father or the person in charge marries the widow or divorcee without her permission, the contract is invalid and revocable, as in the story of Al-Khansaa bint Khaddam. As to the virgin, she has the right to choose; if she wishes, she gives her permission; if not she refuses, which annuls the contract, as in one of he previous Stories. What is of great interest is that Islamic Law commands the consultation of the mother in the marriage of her daughter so the marriage can be completed to the satisfaction of all concerned parties.
On the authority of Ibn `Umar, the Prophet (greetings and peace be upon him) said, "Take woman's permission about their daughters".
In this context, Iman Abu Sulaiman Al-Kattaby has some valuable remarks to add, as comment on this Hadith, in his book Landmark of Traditions (Maalem as-Sunna), which should be conveyed for their moral sense and integrity. He writes: The counsel of mothers in the affairs of their daughters is not because they have a say in the marriage contract, but it is also that the daughters feel secure and have intimate relationships with their mothers, which is longer lasting for companionship and more effective in bringing their daughters and their husbands together, if the principle of the contract is based on the mutual satisfaction and desire of mothers and daughters. But if it is other than that, one would not get away safely from their harming effect ( i.e. rousing daughters against their husbands), and the potential cause of adversity to fall upon them.
He adds: It could be for another reason in addition to what is mentioned. A woman might come to know through her special relation with her daughter and through her private conversation with her a matter which could invalidate the marriage contract. It could be due to an illness which makes her unable to perform her duties as a wife.
For this reason, the Prophet's words, "The virgin should not be married except through her permission which is silence", as she might be shy to disclose her agreement and to show her desire in the marriage. Therefore her silence indicates her being free from a deficiency that prevents intercourse, or a reason which is only known to her and which does not permit marriage. And Allah Almighty is more knowing.
We add here that the mother may know from her daughter's secrets that her heart is tied to someone else. If that person proposes and is suitable, then he should have the priority, as in the Hadith, "Nothing is better for those in love than marriage". Transmitted on the authority of Ibn Abbas, Ibn Majah (1847); Al-Hakim and corrected on Muslim's term 2/160, agreed upon by Al-Dhahaby and Al-Baihaqi 7/78; Al-Tabrany, Tammam and others. It is mentioned by Al-Albany in the "authentic ones" (624).]
If the father has no right to marry his daughter to one she does not like, he has the right that his daughter should not get married without his permission, according to the Hadith by Abu Musa, "No marriage without the guardian," and for the Hadith Transmitted by Abu Dawud (2085). Other words mentioned in the Hadith are transmitted by Al-Munzery in The Concise Book of Traditions (Mokhtasser As-Sunna), and by Ibn Al-Qayyim, see Hadith (2000).]
on the authority of `Aisha, "Any woman who marries without the permission of her guardian, and her marriage is void." This was said three times. Transmitted by Abu Dawud (2083) and (2084); Al-Termithy (1102) who improved it; and Ibn Majah (1879).]
Abu Hanifa and his companions believe that a girl has the right to marry herself, even without her father's permission or that of the guardian, on the condition that the husband is suitable for her. The above Hadith is not mentioned in their writing, but they illustrate it in their views by what is found in the Qur'an referring to marriage:
"do not prevent them from marrying their former husbandsuntil she has married another husband" there is no sin for you if they (the wives) dispose of themselves in a just and honourable manner (i.e. they can marry)."
In these verses and in others, marriage is attributed to women. Allah forbids preventing a women from seeking marriage as it is a right which she is capable of managing, and so it should be accepted of her. Abu Hanifa put as a condition that her marriage has to be to a suitable husband, otherwise the responsible persons have the right to object. In the case of a woman marrying with the permission of the guardian but without his attendance, it is permitted by some jurists though the general consensus puts the presence of the guardian as a condition, otherwise her marriage is void.
good one