Roman,
The texts of sharia'h laws comparable to secular constitutions laws are either not available or they exits as compliation of fatwas issued by ulemas. As Extreme suggests we can look at one section at a time. We can start with the section on Women, mainly because this section has been heavily debated and many are familiar with the issues.
To the readers -- an important request: This discussion is just that - a discussion into how the Sharia’h laws were drafted and based on what instruments. The discussion is meant to enrich our knowledge as to the conditions that prevailed in the 7th century when our beloved prophet (s) may or may not have narrated the sayings which, in most cases, form the basis of the Sharia’h laws. Please use discretion and not form decisions based on this discussion alone.
Let’s start by reviewing:
(1) a number of hadiths and opinions of learned scholars on Women.
(2) after that we shall review a number of situational responses re: women from scholars based on Sharia’h.
(3) finally, a list of inequities that may or may not have been discussed under #1 or #2.
HADITHS/SUNNAHS and OPINIONS:
1)The Shariat commands that women do not appear in the presence of even pious and mut-taqi Muslim males. It is very necessary for the woman to keep herself aloof from her brothers-in-law. A Companion asked, "O Rasul of Allah Sallallahu alaihi wasallam What do you say regarding the older and younger brothers-in-law?" He said: "They are, death" (Bukhari and Muslim). Just ponder over it. The Rasul of Allah Sallallahu alaihi wasallam is asking women not to come in contact with male strangers (ghayr mahram, who are not within the prohibited degrees and hence marriage with them is permissible). Similarly, he ordered the male strangers not to go near women nor sit and associate with them as otherwise they would be involved into mischief. The Companion asked, "What is the order regarding those male relatives and older and younger brothers of the husband who happen to live under the same roof? They have of necessity to come in the house". The Rasul of Allah Sallallahu alaihi wasallam said: "As for them, they are death".
2)The female voice possesses the ability to incite passion in man. In the libertine culture of the West this ability is even cultivated and intensified under tuition. Allah Ta'ala, the Creator, being fully aware of the propensities of all things He has created commands that women exercise Hijaab on even their voices and not speak to men - when there is a need to speak - in soft and tender tones. Such alluring speech as modern women demonstrate is intended to attract man and incite in him passion. This too is an introduction to zina (fornication). Rasulullah Sallallahu alaihi wasallam said:
"And, the tongue - its zina (fornication) is speech (with lust)". -(Muslim)
Therefore, speech with ghair mahaareem too is a form of fornication in Islam. Such speech has been described as zina because it is a stepping stone towards zina.
3)RASULULLAH Sallallahu alaihi wasallam said: "It is not lawful for a woman who believes in Allah and the Last Day to permit any man entry into her husband's home, but with his consent, nor should she emerge (from the home for even a permissible purpose) while he dislikes it. In this matter she should not obey anyone (besides her husband)" -(Tibrani).
4)Rasulullah Sallallahu alaihi wasallam said:"Verily, a women walks in the form of shaitaan. Her approaching and her receding are in the form of shaitaan". -(Muslim)
This means that shaitaan uses women as a means to trap men into evil. In another hadith, Rasulullah Sallallahu alaihi wasallam explains this more clearly: "I have not left behind me a greater fitnah (trial) for men than women".
5)The evil and immorality which stem from Western institutes of learning are too well known to require any elaboration. The kuffaar press is replete with reports of vice and immorality perpetrated at Western schools and universities. So contagious is the malady of immorality of kuffaar institutions that of late we are witnessing the perpetration of such vice and immorality even in madressas where, these children schooled in Western institutions come for Deeni Ta'leem.
QUESTIONS & ANSWERS:
Q1)A Women who has been divorced is taking her husband to court. She demands half of everything he owns although this man still supports her. What is the shariah's ruling?
answer)It is haraam for her to seek to usurp the property of her ex-husband. Even if the non-muslim court rules in her favour, the property/wealth she gains from him in this haraam way will be haraam for her. The man has to support her only during her iddat period. Thereafter he is not obliged to continue supporting her for she has now become a stranger to him. If he willingly sends her something to maintain her, it is permissible. However, he is not allowed to be in communication with her.
Q2)A Woman taking advantage of the law of the land denies access to the father of her child. The marriage is only in terms of the shariah. Since the islamic marriage is not considered legal, the father is not regarded as the legal father, hence legally he has no right of access to his child. Although the woman is seeking maintenance for the child through the kaafir court, she does not want the father to see his baby. Please comment on this situation.
answer)According to the shariah, the father has the right to see his child and have reasonable access to him/her. If it is a boy, the father has the islamic right of taking custody of the child at the age of seven and if it is a girl, then at the age of puberty. The child's mother is perpetrating a grievious act of haraam by denying the father his legitimate right. Her behaviour is spiteful, despicable and totally in conflict with the shariah.
Q3)A Woman is very poor. She is a widow and has no source of income. Can we give her zakaat when she has gold jewellery of a few thousand rands?
answer)It is not permissible to give her zakaat. The zakaat will not be discharged. She has to sell part of her jewellery to feed her self. In fact, she has to pay zakaat on her jewellery. If she has no cash, she has to sell part of the jewellery to pay her zakaat.
Q4)My husband has committed zina. what are my rights towards him?
answer) While he has sinned grievously, inviting Allah's wrath and punishment on him, he remains your husband and you remain liable for all the rights of the nikah just as he is obliged to fulfil all the rights of the nikah. His sin does not absolve you of your obligations. Rasulullah ( sallallahu alayhi wasallam ) said that steel rods will be plunged into the eyes of one who deliberately looks with lust on ghair mahram women. When this will be the punishment in the aakhirah for haraam looking, those guilty of perpetrating the abomination of zina should reflect regarding the punishment for their evil act of immorality. May Allah ta'ala save us from the evil of our nafs.
Q5) Is it permissible for young unmarried girl to bleach or dye her hair from black to golden brown as is the trend nowadays?
answer) It is not permissible to imitate these accursed and shameless trends of the western kuffaar. This act of haraam imitation brings down the curse and wrath of Allah on the perpetrators .
Q6) Is it permissible for a married women to dye her hair red, ginger, blonde or any other colour?
answer) If the women is married, she may dye her hair any colour besides black, if her husband wishes her to do so. If she is unmarried, she may not dye her hair.
Q7)Is it permissible for a female to wear tights ( tight skin fitting pants )in place of normal ijaar ( pants )?
answer) It is haraam for females to wear such shameless "tights". Rasulullah ( sallallahu - alayhi - wasallam ) said that many women who wore clothing here on earth will be resurrected in immoral kuffaar garb they had adopted.
Q8)Is it permissible for a female to tie her hair up in a " pony tail" ?
answer) It is not permissible for her to adopt this style of the kuffaar. Rasulullah ( sallallahu - alayhi - wasallam ) said: " whoever imitates a people becomes of them."
Q9)Is it permissible for women to attend health clubs which cater for only females?
answer)It is not permissible for muslim women to attend such places. Public places such as clubs are haraam for women. It is not permissible for them to even go to the musjid and qabrustaan, how can they attend places which are negatron of haya and which tutor them in act of self-expression and immodesty? Such activities of the kuffaar are never permissible for muslim women.
Q10)Is it permissible for women to wear imitation jewellery and rings?
answer) It is permissible to wear imitation jewellery, but not imitation rings. Only rings of gold and silver are permissible.
Q11)Is it right for a muslim girl to go out and work?
answer) It is not permissible for her to leave the home precincts unnecessarily the responsiblility of maintaining a female devolves on her male relatives. If she has such maintainers/guardians, then it will be wrong and haraam for her to go out and work.
Q12)Is it permissible to give bursaries to lady muslim students for university education?
answer) It is not permissible. It is haraam to grant them bursaries for destroying their character and imaan .
Q13)Some muslims claim that the niqab ( the veil covering the face ) is not islamic, especially those who have studied in Egypt condemn the veil.Please comment.
answer) Ignorant make many claims, even of kufr in the name of islam. Such baseless claims should be dismissed with contempt. The niqab ( the veil covering the face of females ) is an essential item of islamic hijaab ( purdah ). It is as old as Islam. the ladies during the time of the sahaabah would wear face-covering. Cases of ladies with faces uncovered pertain to the initial period of islam prior to the revelation of the verses commanding total hijaab. The ahadith of Rasulullah ( sallallahu-alayhi-wasallam ) and the life style of the sahaabah are ample evedence for the islamic validity of the niqaab. Those who are the enemies of islamic hijaab are mentally demented by the liberalism of the kufr west which they have adopted at the expense of the sunnah of Rasulullah ( sallallahu-alayhi-wasallam ).
Q14)If a woman has very long hair or split ends can she cut her hair? The long hair gives her headaches.
answer) It is not permissible for her to cut her hair. Her headaches are baselessly being attributed to her long hair. The nafs and shaitaan have whispered this excuse into the woman who desires to cut her hair. Rrasulullah ( sallallahu alayhi wasallam ) has cursed woman who imitate men. Cutting hair is the practice of men not of women; long hair is a natural gift of beauty bestowed to females by allah ta'ala. The wish to cut hair is satanic. Shaitan has vowed to induce people to alter their natural looks and to interfere with the creation of Allah ta'ala. Kuffaar women cut their hair. For a muslim women to follow suit is to imitate the kuffaar and such imitation is haraam.
LIST OF WELL-KNOWN INEQUITIES:
1) The worth of a man's life is equal to the market value of 100 camels or 200 cows and that of a woman is equal to half of the man's, 50 camels or 100 cows.
2) The blood money or dieh, a sum paid to the next of kin as compensation for the murder of a relative, is twice as much in the case of a murdered man as in the case of a woman.
3) The number of witnesses required to prove a crime is higher if the witnesses are female or 2 just men. Female’s testimony in a court of law is equal to half of that of a man.
4) In most countries, she can’t vote or get elected to office. Females are banned from studies such as engineering, agriculture, archaeology, restoration of the historic monuments and handicrafts, and many other fields. They are not allowed to become a judge.
5) Women/females inherit only half as much as male siblings.
6) Women cannot get custody of her children. Even if their father dies. In the case of divorce or death she has to surrender her children to their father and/or his family. She cannot claim an alimony.
7) Woman cannot travel, work, go to college, join organizations, even visit her friends and relatives without my father or husband's permission. She must live where her husband desires.
8) A woman can get arrested, beaten, and sometimes even executed if she wear make-up, nylons, bright colors and specifically the color of red. Normally, she cannot choose her mate and is not permitted to divorce him if things did not work out.
9) According to Islamic laws: the most suitable time for a girl to get married is the time when the girl can have her first menstrual period in her husband's house rather than her father's. She has to meet all her husband's desires including the sexual ones. And if she refuses he has the right to deny her food, shelter, and all of life's necessities.
10) A woman’s husband can divorce her without her knowledge and by the Islamic law he is required to support her for only 100 days. And if he dies, she is entitled to 1/8 of his Estate. A husband is not required to provide her with alimony.
11) A woman can only ask for divorce if her husband is impotent, if he does not have sex with her at least one night in every forty nights, and if he refuses to provide her with a minimum standard of living.
12) Her husband can have four permanent wives and if he is from Shi'i sect, he can have as many temporary wives as he wants.
13) In Islam, the age of majority for a girl is 9 years and for a boy is 15 years. This means that a 9 year old girl and a 15 year old boy are considered to have the same level of maturity. Now, if girls reach maturity six years earlier than boys, then why did God place men in charge of women? Was there something wrong with God's Judgment?
14) In Islam, if a 6 or 7 year old girl is raped by an adult man, she will be the one that gets punished. It is her fault because she provoked it. The parents then will burn or kill her because she has dishonored the family.
CONCLUSION:
The shariah laws that were drafted in the 7th century were at the whims of men who had a rather narrow focus on women and that shows up in the laws that they drafted and their expressed opinions.
There are many who would suggest that we go back to the Quran and re-draft the laws on women and, this time with responsible inputs from female scholars. I look forward to your feedbacks.